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

Vol. 146 WASHINGTON, FRIDAY, DECEMBER 15, 2000 No. 155—Part II Senate (Legislative day of Friday, September 22, 2000)

DEPARTMENTS OF LABOR, ury-General Government and legisla- opportunity to brief members of this HEALTH AND HUMAN SERVICES, tive branch bills. Those two bills were side of the aisle at a conference this AND EDUCATION, AND RELATED previously passed by the Congress, but afternoon, and the bill is available in AGENCIES APPROPRIATIONS FOR were vetoed by the President. the Cloakroom for review. THE FISCAL YEAR ENDING SEP- The only significant change to the bills previously passed by Congress is I urge all my colleagues to support TEMBER 30, 2001—CONFERENCE this conference report, which com- REPORT the deletion of the telephone tax provi- sion in the Treasury bill. The con- pletes the work of this Congress, dur- The PRESIDING OFFICER. Under ference report includes other appro- ing this Congress. Next month, when the previous order, the Senate will pro- priations matters, which emerged sub- the 107th Congress convenes, and a new ceed to the consideration of the con- sequent to the completion of the other President is inaugurated, they will ference report to accompany H.R. 4577, fiscal year 2001 bills. both start with no carryover from this which the clerk will report. Significant items include $150 million Congress. The committee of conference on the dis- for repair of the U.S.S. Cole, $100 mil- Mr. BYRD. Mr. President, as has been agreeing votes of the two Houses on the lion for intelligence activities re- amendment of the Senate to the bill (H.R. the case on far too many occasions in quested by the White House, $110 mil- the past number of years, the Senate 4577) ‘‘making appropriations for the Depart- lion for the new markets initiative, ments of Labor, Health and Human Services, finds itself today in the position of and Education, and related agencies for the $100 million for volunteer firefighter having to deal with a massive omnibus fiscal year ending September 30, 2001, and for grants sought by our colleague from appropriations bill. We have had to Delaware, Senator ROTH, and $100 mil- other purposes’’, having met, have agreed: pass a record number—21—of Con- lion for the Library of Congress to en- that the House recede from its disagreement tinuing Resolutions in order to keep hance the National Digital Library. to the amendment of the Senate, and agree the Federal Government operating to the same with an amendment, and the I want to also thank all my col- Senate agree to the same; that the House leagues for their patience as I worked since the fiscal year began on October agree to the title of the bill, with an amend- with the White House for a compromise 1st. These Continuing Resolutions were ment, and the Senate agree to the same, on the Alaskan Fishery/Sea Lion pro- necessary because we in the Congress signed by a majority of the conferees on the tection issue. Through the hard work and the Administration could not re- part of both Houses. of many here in Congress and at the solve our differences on a myriad of (The conference report is printed in White House, OMB and the Department issues, most of which have not involved the House proceedings of the RECORD of of Commerce, we achieved a com- funding levels at all. Rather, the hag- today, December 15, 2000.) promise that meets the priorities of all gling for the past many weeks has been Mr. STEVENS. Mr. President, the fis- parties—who share the goal of pro- over issues such as ergonomics regula- cal year 2001 Labor/HHS Appropria- tecting the sea lion population, and the tions, immigration, and certain regu- tions Conference Report is now before economic well being and viability of latory matters; all of which would be the Senate. the commercial fishing industry in my more appropriately handled by the au- This conference report serves to wrap State. thorizing committees with jurisdiction up work on all fiscal year 2001 appro- There are many specific issues that I over them. Instead of following the es- priations bills, as it includes the Treas- could comment on today, but I had the tablished practices and the regular

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VerDate 15-DEC-2000 02:24 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\CR\FM\A15DE6.000 pfrm04 PsN: S15PT2 S11856 CONGRESSIONAL RECORD — SENATE December 15, 2000 order of enacting the thirteen annual Congress, it will not be in order for ex- Service—the federal agency with re- appropriations bills, we have in recent traneous matters to be placed in a con- sponsibility for border patrol and en- years, chosen to delay appropriations ference report. Upon a point of order’s forcement of our immigration laws. bills until it is too late to do anything being made in that regard, if sustained, There is also a division of this omni- other than to package them in a man- such a conference report will be re- bus package that includes a number of ner that causes such packages to be jected. I believe that restoration of this non-appropriations matters. Those used as vehicles for all manner of non- rule will go a long way toward elimi- matters were considered carefully by appropriations issues. This has neces- nating these annual omnibus appro- Chairman STEVENS, Chairman YOUNG, sitated the adoption of late-year omni- priations measures that the Senate has Mr. OBEY and myself, at the request of bus appropriations packages well after had to deal with in the past several Members of the House and Senate. the start of the fiscal year, such as the years and is again being asked to adopt There were many more such matters one before the Senate today. This is a here today. that were considered, but were not in- practice that should never have been Having said that, Mr. President, I cluded in this final package. started and which, if not discontinued, shall vote for the pending conference Finally, the package contains a divi- I fear will gravely diminish the Senate report. It contains the Fiscal Year 2001 sion relating to tax matters, including as an institution. Senators are being appropriations bills for the Depart- the so-called Balanced Budget Act, denied the right to debate and amend ments of Labor, Health and Human BBA, Medicare fix. Those tax matters appropriations bills, all of which con- Services, and Education, for the De- were inserted into the omnibus pack- tain billions of taxpayer dollars, and partment of the Treasury and General age by the Leadership, and they fall literally thousands of funding issues af- Government, and for the Legislative into the jurisdiction of the Ways and fecting their constituents. Instead, we Branch. By far, the largest of these ap- Means and Finance Committees. Ac- are being presented with unamendable propriations bills is the Labor/HHS Ap- cordingly, we Appropriations Members omnibus appropriations packages, propriations bill. were not involved in that process. which contain many, many matters In the agreement reached on the In conclusion, Mr. President, I urge that have not had any Senate consider- Labor/HHS bill, the funding totals my colleagues to vote for this con- ation at all. In the next Congress, the some $108.9 billion in budget authority ference agreement. Despite its having 107th Congress, we should strive might- for Fiscal Year 2001. This is an increase all the flaws that we have seen in pre- ily, on a bipartisan basis, to return to of almost $12 billion from last year and vious omnibus appropriations bills, the regular order in taking up each of the represents the largest ever one-year in- time has come to finish the work of the thirteen annual appropriations bills. crease for the Labor/HHS Appropria- 106th Congress. In that way, we will The Appropriations Committee has tions bill. This amounts to more than a have a clean slate for the new Con- marked up each of the thirteen appro- 12 percent increase above last year’s gress, the 107th Congress, when it con- priations bills in a timely manner level, and will enable funding levels for venes on January 3rd, and for the new every year under our distinguished education to be increased by almost 15 Administration, when our new Presi- Chairman, Senator STEVENS. He is in- percent, including an appropriation of dent, George W. Bush, is sworn into of- deed masterful in his handling of ap- more than $1 billion for a new school fice on January 20th. propriations matters and he is very renovation program. The Labor/HHS While I recognize that there are knowledgeable on the issues that come those who predict a continuation of the before the Appropriations Committee. Appropriations bill also includes crit- gridlock that we have seen in the re- He is also one who leads the Committee ical funding for many health programs cent past, or perhaps greater gridlock in a bipartisan manner at all times. He such as the Ryan White AIDS program, in the next Congress, as it struggles to gives the same consideration to re- NIH, child immunization, substance work with the Bush Administration; I quests of Members of the Committee on abuse prevention, and mental health hope and believe that there will be un- both sides of the aisle, and I am hon- programs. All of these programs are ored to serve as Ranking Member of funded at levels substantially higher precedented opportunities for bipar- the Committee under his chairman- than last year. As Members are aware, tisan efforts to prevail in solving the Nation’s most pressing problems; to ship. It has not been the fault of TED the bill also funds the Head Start pro- maintain a vital national defense, and STEVENS that the appropriations bills gram, and the low income home energy have, too often, been lumped together assistance program, LIHEAP. I recog- to find solutions which ensure that our into omnibus packages, such as the one nize that a number of Senators believe Medicare and Social Security programs before the Senate. that we should have insisted upon even can sustain the promised for our citi- In an effort to facilitate a return to higher levels for the Labor/HHS bill. zens over the coming century. I am op- the regular order in the Senate’s han- While I might agree with those Sen- timistic that the new Congress will be dling of the thirteen annual appropria- ators, and although a tentative agree- prepared to work with the Bush Ad- tions bills, I was pleased to have the ment in October would have funded the ministration. I know that the over- support of both Leaders, Mr. DASCHLE Labor/HHS Appropriations bill at a whelming number of Members of the and Mr. LOTT, in my amendment to the level of over $112 billion, that agree- House and Senate, on a bipartisan Commerce/Justice/State Appropria- ment fell through over a legislative basis, join me in pledging our best ef- tions bill for Fiscal Year 2001 to restore rider involving ergonomics. forts to do so, and our good faith com- Senate Rule XXVIII, Paragraph 2. That After weeks of haggling over the mitment to achieve results in these provision makes it out of order for ex- ergonomics issue, as well as other critical areas, on behalf of the Amer- traneous matters to be included in con- issues such as immigration, and overall ican people. ference reports. Several years ago, in funding levels, I feel that we have no Mr. STEVENS. Mr. President, after connection with the Senate’s consider- other choice than to accept this com- protracted negotiations, the Adminis- ation of an FAA conference report, the promise that is before the Senate tration and I have reached an agree- Senate voted to overturn the Chair today. As I say, it does not fully please ment that provides the necessary pro- when it ruled that there was extra- any Senator. I am sure there are some tections for the Steller sea lion while neous matter in that conference report. who feel that the funding levels are too allowing for the needs of fishermen The effect of that vote to overturn the high; but the time has long since who depend on the robust and healthy Chair was to negate Rule XXVIII, passed for us to complete our work and groundfish stocks off Alaska. I believe Paragraph 2. Consequently, it has not get this final appropriations package the Senate knows my personal feelings, been out of order for any matter to be to the President’s desk. and the feelings of practically all those inserted in any conference report since In addition to the Labor/HHS Appro- who are involved in the harvesting, that time. Upon enactment of the Com- priations bill, this package contains processing, and subsequent marketing merce/Justice/State Appropriations funding for the Legislative Branch, and of the millions of tons of seafood that bill, and as a result of my amendment the Department of the Treasury and come from the North Pacific and Ber- thereto, General Government, which measure ing Sea, on this matter. While we rec- Rule XXVIII, Paragraph 2 will be re- funds a number of programs for law en- ognize that the Steller sea lion de- stored. This will mean that in the 107th forcement, as well as the U.S. Customs serves protection, we are not convinced

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.087 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11857 that the Commerce Department has the science relied on in the biological opin- Subsection (c)(5) requires that the ‘‘Global proven, let alone adequately tested, its ion and the process by which the Commerce Control Rule’’ from the RPA’s take effect hypothesis that fishing contributes to Department developed this opinion. It di- immediately in the fisheries, this is particu- rects the Secretary of Commerce to cooper- larly important during the period during the the sea lions’ decline. A few minutes ate with the North Pacific Council’s sci- Spring and/or early summer of 2001 when the spent skimming the biological opinion entific review, and requests the National fisheries are being managed under the 2000 reveals the lack of science underlying Academy of Sciences to give the review its regulations. Paragraph (5) modifies the Glob- the proposed actions it contains. For highest priority. al Control Rule during 2001 to limit any re- example, the Commerce Department Subsection (c)(1) directs the Secretary to duction to not more than ten percent of the states in its biological opinion that it submit proposed Magnuson-Stevens Act fish- total allowable catch in any of the fisheries. does not know if fishing impacts sea ery conservation and management measures Subsection (c)(6) provides the North Pa- to implement the reasonable and prudent al- cific Council with the authority to rec- lions, or that sea lions would likely ternatives (RPAs) to the North Pacific Coun- ommend, and the Secretary of Commerce continue to decline even if all fishing cil immediately or as soon as possible, and with the authority to approve, modifications were halted. then tasks the Council with preparing a fish- to the RPAs contained in the regulations Nonetheless, the lives of our fisher- ery management amendment or amendments that will take effect in the Spring or early- men will continue to be affected by under the Magnuson-Stevens Act to imple- summer of the 2001 fisheries. These modifica- this opinion. Our agreement provides a ment such conservation and management tions may include the opening of additional three-step phase-in process for fishery measures. While the amendments must im- designated Steller sea lion critical habitat plement the measures necessary to protect for fishing by small boats, the postponement restrictions proposed to be imple- sea lions and, it is equally important that of seasonal catch levels inside critical habi- mented by the National Marine Fish- such measures provide for the conservation tat for small boats, or other measures to en- eries Service (NMFS) in the Alaska and safe conduct of the fisheries, as required sure that small boat fishermen and on-shore groundfish fisheries under Endangered in the Magnuson-Stevens Act. Congress re- processors in Alaska are not adversely af- Species Act (ESA) requirements. This mains concerned that the proposed closures fected during 2001 as compared to the fish- section is intended to lessen the nega- would have forced small vessels to fish in eries before the July 19, 2000 injunction. This tive economic consequences to the fish- dangerous waters during the winter storm was specifically agreed to by both the Con- season, a prospect specifically commented gressional and Administration negotiators to ing community caused by the restric- upon by our Coast Guard. allow coastal Alaskan fishermen to fish in tions and to ensure that any Steller Subsection (c)(2) requires the RPAs, as de- the safer waters closer to shore. sea lion protective measures do not veloped by the North Pacific Council under Subsection (d) appropriates $20 million to create negative consequences for the subsection (c)(1), to become effective on Jan- the Secretary of Commerce to develop and conservation of the fisheries and eco- uary 1, 2002. To address Congress’ concerns implement a comprehensive research and re- system. This is accomplished by requir- about the objectivity and validity of the sci- covery program for the Steller sea lion, and ing the Secretary to rely on the fishery entific conclusions of this opinion the opin- to study the myriad of factors which may be ion must incorporate changes warranted by causing the decline of the Steller sea lion. management provisions in the Magnu- the scientific review required under sub- Subsection (d) specifically requires that the son-Stevens Act, including the regional section (b) or other new information that theories of nutritional stress, localized de- council processes, when implementing comes to the Secretary or Council’s atten- pletion, and food competition with the fish- reasonable and prudent alternatives tion. The Council and Secretary are directed eries be tested to determine their validity. under the Endangered Species Act. to jointly develop a schedule for the develop- This subsection also directs the Secretary of Unfortunately, work on this provi- ment of FMP amendment or amendments to Commerce to implement non-lethal meas- sion was not completed until shortly implement the RPAs beginning in the 2002 ures on a pilot basis to protect Steller sea before the conference agreement was fisheries. Subsection (c)(2) specifies that the lions from marine mammal predation, in- RPAs shall not go into effect immediately, cluding killer whales, and to determine the filed on the final day of this session. I but shall be phased in according to sub- extent to which predation may be causing ask unanimous consent that the sec- section (c)(3) during the 2001 fisheries. the decline or preventing recovery. The Sec- tion-by-section analysis of this provi- Subsection (c)(3) requires the 2001 Bering retary is strongly encouraged to cooperate sion be printed in the RECORD. Sea/Aleutian Island and Gulf of Alaska with the Alaska SeaLife Center, the North There being no objection, the mate- groundfish fisheries to be managed in ac- Pacific Universities Marine Mammal Consor- rial was ordered to be printed in the cordance with the regulations promulgated tium, the University of Alaska, and the RECORD, as follows: for the 2000 fisheries prior to the issuance of North Pacific Council in the development the July 19, 2000 court injunction in those and use of these funds. The Alaska SeaLife SECTION-BY-SECTION ANALYSIS fisheries (which has since been lifted). The Center should receive $5,000,000 of these Subsection (a) includes findings by Con- 2000 regulations provide substantial protec- funds to continue their important work on gress concerning the decline of the Steller tions for Steller sea lions, while maintaining Steller sea lion science. sea lion and need for scientists to study the the comprehensive and proven framework Subsection (e) provides $30 million as a di- relationship between commercial fisheries that has protected the marine resources of rect payment to the Southwest Alaska Mu- and sea lions. It also includes findings con- the North Pacific and been fine-tuned for nicipal Conference to distribute to the fish- firming that the authority to manage federal more than two decades. These regulations ing communities, businesses, western Alaska fisheries lies with the regional councils cre- for the first months of the 2001 fisheries are community development quota program ated under the Magnuson-Stevens Act. It to be implemented by emergency rule so that groups, individuals, and other entities that clarifies that the Secretary is required to the fisheries can begin by January 20, 2001. have been hurt by the economic losses al- comply with, and use the procedures estab- Subsection (c)(4) requires the Secretary of ready inflicted as a result of Steller sea lion lished under, the Magnuson-Stevens Act Commerce to amend regulations based on restrictions. The President of SWAMC is re- when implementing measures to comply the 2000 regulations, but which are con- quired to submit a written report to the Sec- with the Endangered Species Act. This find- sistent to the extent practicable with the retary of Commerce and the U.S. Senate and ing recognizes that the Administration RPA’s, by January 20, 2001. The Secretary is House appropriations committees within six should not use the Endangered Species Act to consult with the North Pacific Council in months after receiving the funds to indicate to implement fishery management measures preparing these draft regulations, with the how they have been distributed. without respect to the Magnuson-Stevens goal of incorporating some of the protective Mr. BYRD. Mr. President, in these Act, particularly the processes by which the concepts in the RPAs for these regulations, waning days and hours of the 106th councils develop, review, and promulgate in time for the fisheries to open no later Congress, the focus in Washington is fishery management measures. The appro- than January 20, 2001. Under paragraph (7) of naturally on what action is taking priate forum to develop fishery management subsection (c), the draft regulations amended measures, including those measures nec- upon the recommendation of the North Pa- place to resolve the remaining fiscal essary to protect threatened and endangered cific Council until March 15, 2001. As soon year 2001 appropriations bills and con- species, are the regional councils. after March 15, 2001 as possible, the Sec- cluding the business of this Congress. Subsection (b) requires the North Pacific retary of Commerce will publish and imple- However, all around us, life goes on. Fishery Management Council to conduct an ment the regulations, and these regulations Our constituents in the steel industry independent scientific review of the Novem- shall then govern the Bering Sea/Aleutian Is- must be among the few in America who ber 30, 2000 biological opinion (hereafter the land and Gulf of Alaska fisheries for the re- will not be happy to see the 106th Con- ‘‘Opinion’’) issued by NMFS for the Bering mainder of 2001, consistent with all the re- gress adjourn sine die. Our constitu- Sea/Aleutian Islands and Gulf of Alaska quirements of the Magnuson-Stevens Act. It groundfish fisheries, drawing upon the exper- is our intent that the Secretary provide ents in the steel industry will see tise of the National Academy of Sciences. ample opportunity for the public to com- Congress’s adjournment as a thinning This subsection reflects the Congress’s deep ment on these regulations before the regula- of the bucket brigade that has spent concerns over the validity and objectivity of tions take effect. the last two years trying to bail out an

VerDate 15-DEC-2000 02:15 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.130 pfrm04 PsN: S15PT2 S11858 CONGRESSIONAL RECORD — SENATE December 15, 2000 industry being flooded by cheap, ille- try—be felled by government sub- should have no problem meeting the gally dumped steel. These people, our sidized foreign competition, aided and stringent standards of proof required constituents from Weirton and Wheel- abetted by indifferent application of under section 201 of the Trade Act of ing, West Virginia, from Pennsylvania, the very trade laws implemented to 1974 to prove that an injury has or can Illinois, Alabama, Maryland, Utah— protect American companies and be expected to occur. their arms are tired, their voices American workers from illegal com- I commend the many Members of the hoarse from the effort of keeping their petition? I certainly hope not. When Senate who join me in calling for this heads above water and shouting for our crippled Aegis destroyer, the ill- action to be taken, for standing up for help. As we look forward to adjourn- fated U.S.S. Cole, is brought home for steel and the men and women and fami- ment, they are continuing to face a repairs, I would like American steel to lies who depend on steel jobs. I also flood whose undertow threatens to pull bind up those wounds. I don’t want to commend the Senate for including this them under. Today, as a result of this be dependent on foreign sources of steel provision in this bill. I urge the Admin- continuing crisis in steel, imports for critical national defense needs. istration to proceed immediately to make up almost 40 percent of the U.S. During World War II, I was a welder, initiate a Section 201 investigation of market, compared to a historical rate helping to build the ships that sup- steel dumping. It is urgently needed. of approximately 18 percent. ported our forces in that war. Today, I Mr. MCCAIN. Mr. President, 70 days Congress has tried to respond. Mem- am a legislator, and I want to help the and 20 continuing resolutions after bers have supported individual compa- industry that supports our forces in what was supposed to be our October 6 nies and groups in filing trade cases war and in other critical missions. adjournment date, the 106th Congress with the Administration, attempting I had prepared a resolution, cospon- is coming to an end. Let us hope the to use our anti-dumping and counter- sored by Senators SPECTER, ROCKE- upcoming New Year brings with it a re- vailing duty laws as they were in- FELLER, ABRAHAM, BAUCUS, BAYH, newed spirit of bipartisan cooperation. tended, to thwart illegal actions by for- DEWINE, DURBIN, HOLLINGS, KOHL, This year, such cooperation took a eign competitors. Members of Con- LEVIN, LINCOLN, LUGAR, MIKULSKI, back seat to partisan bickering and ill- gress, myself included, have intro- SANTORUM, SARBANES, SCHUMER, SES- advised parliamentary tactics that had duced, supported, and fought for pas- SIONS, SHELBY, THURMOND, VOINOVICH, the effect of further polarizing this sage of legislation to help this core and WELLSTONE, that would be a Sen- body. How many mornings did Ameri- American industry. But the flood of il- ate companion to H. Res. 635. H. Res. cans awake to newspaper headlines re- legally dumped steel continues, fed by 635 was introduced on October 18, and porting that Congress and the presi- the Asian economic crisis, the failure currently has 237 cosponsors. This reso- dent still, weeks and months after we of the Russian economy, and foreign lution would call upon the President to were to adjourn, had not finished their competitors seeking to gain a competi- take all appropriate action within his work? tive edge with the help of illegal gov- power to provide relief to the steel in- There are many good provisions in ernment subsidies. When one trade case dustry injured by these unfair actions the legislation soon to be sent to the is filed with regard to one type of steel, of our trading partners. It would re- President and I want to thank all those these competitors switch to another quest an immediate and expedited U.S. who put in long hours to bring this type of steel, forcing affected U.S. com- International Trade Commission inves- Congress to a close. I am particularly panies to bear the cost of their sales tigation for positive adjustment under supportive of the Medicare changes losses combined with the cost and time Section 201 of the Trade Act of 1974. I that will strengthen the quality of of collecting data and building their am pleased that my resolution was, in- health care for our seniors. legal cases. The overall effect is to stead, accepted and included in the In 1997, Congress made some difficult, grind small companies down to the conference report to accompany the but necessary, changes in the financial verge of collapse. Labor/HHS appropriations bill. structure of the Medicare system as In 1977, there were 16,961 steelworkers This action by the Administration is part of the Balanced Budget Act. These on the payroll in West Virginia. In necessary. We need a broad-based, com- changes were needed to preserve and March 2000, there were just 6,857, a loss prehensive approach to dealing with protect the system and delay its im- of 10,104 good-paying jobs. That’s a 60 this crisis in the domestic steel indus- pending bankruptcy from 2001 until percent loss. So you understand why I try. Fighting this war one skirmish at 2015, while also increasing choice and am concerned. The national picture is a time, on one product type at a time expanding benefits for beneficiaries. no brighter. In 1980, there were 1,142,000 by one company at a time, is simply Despite the changes, there has been workers nationwide in the primary and slowly bleeding our steel compa- increasing concern that certain reim- metals industry, which includes steel. nies dry. We cannot let them continue bursement reductions and caps con- As of September 2000, that total em- to pick our steel companies off one at tained in the Budget Act are resulting ployment number had dropped to just a time. We need to put the full weight in access problems for our seniors. Per- 692,000, a drop of approximately 39 per- of our attention and our resources on sonally, I have grown concerned about cent. dealing comprehensively with this the potentially negative impact on the In the last two years, thousands of matter. We need to be vigilant across delivery of health care in our rural steelworkers have been laid off, some all fronts, and we need to develop communities and for our most frail el- for considerable periods. Six steel com- longer strategic vision if we are to pre- derly if we do not make certain adjust- panies have declared bankruptcy since serve this vital domestic industry. ments. 1998. But total steel imports in 2000 will We need a level playing field. I have I am also pleased this legislation ad- be over 21⁄2 times higher than in 1991. no doubt that American steel compa- dresses many of the concerns raised by Total steel imports through August nies can compete on a level playing my constituents and the Arizona 2000 are 17 percent higher than over the field. But they cannot compete against health care community. This proposal same period in 1999 and are greater steel that is priced at or below the cost improves senior health care by increas- even than imports over the same period of production by foreign companies ing access to critical preventative ben- in 1998, a record year. At the same subsidized by governments who seek efits—including bi-annual pap smear time, steel prices continue to be de- not only to preserve their own steel screenings and pelvic exams, glaucoma pressed, with hot-rolled steel prices 12 production capacity, but to profit by screenings, colon cancer screening, and percent lower in August 2000 than in gaining U.S. market share and putting medical nutrition therapy for patients the first quarter of 1998, and average our companies into bankruptcy. I am, with diabetes and renal disease. Rural import customs values for all steel unfortunately, confident that the hospitals are strengthened by updating products more than 15 percent lower International Trade Commission’s in- reimbursement policies and increasing over the same period. vestigation will find that the steel cri- access for seniors to emergency and Is this how we want to end an era of sis of 1998 is far from over. In fact, steel ambulatory services in rural areas. American history? Do we want to imports are on track to match or pos- And this legislation significantly low- watch the linchpin of the American in- sibly exceed the record figures of 1998. ers co-payments for out-patient hos- dustrial revolution—our steel indus- So, sadly, our domestic steel producers pital visits.

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.082 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11859 I am also pleased that Native Ameri- million for the implementation of the in the 107th Congress to accomplish cans will not be overlooked in this leg- National Height Modernization, NHM, great things. islative package, but instead will re- system in North Carolina, $300,000 for We all should be proud of the recent ceive an economic boost through equi- research on the Charleston bump, and election. Obviously, it wasn’t perfect. table treatment of tribal governments $150,000 for lobster sampling. Democracy never is. Yet, major issues for unemployment tax purposes, a The pork barrel spending adds up. important to all Americans were dis- change to the tax law that I have been Look at the numbers. cussed and debated. In fact, a post-elec- advocating for nearly a decade. An im- Last spring, Republicans outlined our tion survey by Pew Charitable Trusts portant stimulus to economic develop- spending plans calling for about $600 found that a high percentage of voters ment in Indian country is to provide billion in so-called discretionary spend- believed there was ‘‘more discussion of employment tax credits and incentives, ing—that is, spending on programs issues than four years ago.’’ And 83 per- including unemployment compensation other than Social Security, Medicare, cent of voters said they learned enough benefits. This change to the Federal and interest on our $5.7 trillion debt. ‘‘to make an informed choice.’’ Unemployment Tax Act, FUTA, will The President’s budget requested about No doubt voters have different opin- correct an uneven interpretation in the $623 billion in discretionary spending. ions on how we should deal with these tax law by finally including tribal em- We’ll end up spending in the neighbor- issues. But, they did not disagree on ployees in the Nation’s comprehensive hood of $650 billion—some $100 billion which issues need to be tackled by Con- unemployment benefit system. over the discretionary spending caps gress and our President. Unfortunately, I must oppose this set by the 1997 Balanced Budget Act. In national pre-election polls, Ameri- legislation for a variety of reason. Once According to Robert Reischauer, cans consistently ranked Social Secu- again, I must object to the pork barrel former head of the Congressional Budg- rity, health care, and education among spending in this year-end legislative et Office, this will be the third year in the issues they worry most about. But package and in all of the appropria- a row in which the budget, excluding they also know that little gets done be- tions bills that have become law. Re- Social Security, ‘‘has been in surplus.’’ cause too much special-interest money grettably, the process that got us to The last time this happened, is infecting our political process, re- this point led to what a New York Reischauer says, was over 70 years ago. sulting in the kind of gridlock we have Times headline aptly characterized as This is why I believe, Mr. President, we witnessed over the last year. A News- ‘‘The Politics of the Surplus.’’ In other should take advantage of our robust week poll found nearly 60 percent of economy and make significantly pay- words, we paved our way home by Americans agreeing with the state- ing down our national debt one of our spending billions of taxpayers’ dollars ment that political contributions have top priorities. ‘‘too much influence on elections and on budget items that never went I must also once again express my government policy.’’ Only ten percent through a merit-based review process. disappointment over the narrow scope disagreed. In the run-up to this final agreement, of the immigration provisions con- over $24 billion in pork barrel spending The way we do business must change. tained in this bill. I support the Latino If we have the will, we can begin to (a list of this spending may be found on and Immigrant Fairness Act, LIFA. repair Americans’ cynical perception of my Senate Web site) was doled out and Negotiations between the White House our government by working together, that figure will surely climb once we and the leadership, which endorsed in bipartisan fashion, on campaign fi- get a good look at the bills before us. more limited immigration reform, have nance reform, a real Patient’s Bill of Mr. President, our appetite for pork resulted in a compromise that makes barrel spending was so large this year, progress but falls far short of the Fair- Rights, Social Security reform, and in fact, that NBC News highlighted our ness provisions we never had a chance badly needed reform of the tax system. We must also do our work in the open feast on their Nightly News segment, to vote on. ‘‘The Fleecing of America.’’ In particular, this bill makes mean- with due process and appropriate dis- Who among us will ever forget the 1.5 ingful but insufficient progress on am- cussion. million taxpayer dollars we have al- nesty for those wrongly denied it, and This is why, I must also object to a ready approved to restore ‘‘a 56-foot does not address legitimate concerns provision inserted by Senator INOUYE, iron rendition of the Roman god of fire about Central American refugee parity. who has once again gone to great and metalworking, Vulcan’’? Fortunately, negotiators have agreed lengths to provide protectionist legis- Or the $1.5 million for sunflower re- to temporarily restore Section 245(i), lation to the lone U.S. operator of search? which allows immigrants with family large cruise ships in Hawaii. In the Or the $400,000 for the Southside or employer sponsors to adjust their 106th’s closing hours, the Senator has Sportsman Club? status in the United States, rather had a legislative provision inserted in Or the $250,000 to develop improved than return to their countries of origin the final appropriations measure that varieties of potatoes’’? and face the threat of 10 years of sepa- will prohibit any cruise ship operator Or the $100,000 for the ‘‘Trees Forever ration from family and work in the from allowing gaming on board any Program″? United States before returning. This vessel that departs from and returns to Or the $176,000 for the Reindeer Herd- bill also contains important provisions Hawaii. This provides American Classic ers Association? encouraging family unification Voyages with the protection they need Or Or the $5 million for insect through the creation of several new to keep other cruise operators who de- rearing? visa categories. That said, it will fall pend on gaming to attract passengers But, there is more to come in this to supporters of the Latino and Immi- and provide an additional revenue year-end budget deal, which has at grant Fairness Act in the 107th Con- stream from entering the Hawaii mar- least $1.9 billion in pork. For instance, gress to advance that bill’s intent to ket and prohibit other vessels cur- in the Conference Report for the Com- allow long-term residents who have de- rently departing from other U.S. port merce, State, and Justice Appropria- veloped deep roots in our country and cities from sailing among the Hawaiian tions bill, some examples of earmarks contributed to our economy for many islands. In the end, the American con- having never undergone the appro- years to remain legally, and to estab- sumer is the loser. priate merit-review process include: $3 lish parity for Central American and While Hawaii law currently prohibits million for Red Snapper research, $1 other refugees not afforded the same any gaming within the state, including million for Hawaiian coral reef moni- status as refugees from other, similarly its waters, U.S., state, and inter- toring, $500,000 for the California Ozone troubled countries. I am sorry we could national law allows gaming on vessels study, $200,000 for the Kotzebue Sound not have better addressed these con- more than three miles from shore. I test fishery for king crab and sea snail, cerns in this bill, but I appreciate the have no argument against Hawaii’s $600,000 for fall chinook rearing for the progress we are making and hope that gambling prohibition. But the amend- Columbia River hatcheries program, we can take up these issues during the ment authored by Senator INOUYE is $750,000 for bottle-nosed dolphins, 107th Congress. aimed at keeping planed operations by $3,338,000 for sea turtles, $1 million for I remain optimistic, Mr. President, international cruise operators out of winter pollack survey in Alaska, $1 that we will be able to work together Hawaii and preserving the monopoly

VerDate 15-DEC-2000 02:47 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.127 pfrm04 PsN: S15PT2 S11860 CONGRESSIONAL RECORD — SENATE December 15, 2000 created for American Classic Voyages fication is not germane to the item Fortunately, we have a solution to as part of special interest legislation being modified. In any case, no matter this problem right before our eyes. A he sponsored and which became law in may be inserted into the Report that is solution that we have ignored and ne- 1998. The language will result in fewer not germane to the general appropria- glected for too long—high-speed pas- large cruise ship operators serving the tions bill committed to the Conferees. senger rail. Hawaiian Islands and drastically re- The result of these changes would be Nineteen of the 20 most-delayed air- stricting consumer choice for cruise to impose a strict ‘‘scope of con- ports in the United States are located vacations in Hawaii. ference’’ rule on appropriations Con- on potential high-speed corridors. And What is most amazing is this meas- ferees. high-speed rail can provide a competi- ure, like so many others in this bill, A point of order may be made by any tive travel alternative, particularly was never discussed publicly, with the Senator against any general appropria- over distances less than 500 miles. administration, or with any Committee tions bill Conference Report for any The situation on our roads is almost of jurisdiction in Congress. This type of violation of the restrictions set forth as dire as the problems in our skies. closed door, special interest legislation by this rule. In such cases where a sin- One study estimated that $72 billion should concern every Member. To deny gle restriction has been violated more dollars was lost in 1997 as a result of the American public the freedom of than once within a Conference Report, traffic congestion through lost produc- choice in cruising vacations and re- or where more than one restriction has tivity and wasted fuel. And this situa- strict international trade without one been violated within a single Con- tion continues to deteriorate. People moment of debate is very troubling. ference Report, each violation may be now spend 50 percent more time stuck In light of this and other such inap- treated individually, and may be sub- in traffic than they did in 1990 and tri- propriate legislating, we must enact in- ject to a specific point of order. In the ple the time they did in 1982. stitutional reforms to put an end to event that a single, or multiple points Critics have complained about Am- the rampant abuse of the budget proc- of order, are made against a general ap- trak receiving $23 billion federal sub- ess. propriations bill Conference Report for sidies since 1971. But this is pocket If we are to hold any hope for reform- reasons set forth under these new re- change compared with the funding we ing the budgetary process in this body, strictions, a three-fifths vote of the have provided other modes over that fundamental changes to the rules gov- Senate is required to over-rule the same period. Since 1971, we have spent erning the appropriations process must Chair. Each appeal of the ruling of the over $160 billion on aviation programs be made. The two Rules of the Senate Chair of each respective point of order and over $380 billion on highways. designed to impose discipline on the is debatable and must be voted on sepa- The High-Speed Rail Investment Act appropriations process are Rule 16, and rately. can is the vehicle for giving Americans Rule 28. Rule 16 is designed to block Mr. President, before I end, I want to more transportation options. This leg- legislative riders on appropriations wish everyone a happy holiday season islation would allow Amtrak to sell $10 bills coming out of Committee, and and New Year. billion in high-speed rail bonds over Rule 28 is designed to accomplish the Mr. LAUTENBERG. Mr. President, I ten years. The Federal Government same goal on Conference Reports. Un- would like to take some time to dis- would leverage private sector invest- fortunately, due to the fact that Rule cuss the importance of investing in our ment in our rail infrastructure by pro- 16 points of order only require a simple Nation’s high-speed rail infrastructure. viding tax credits to bondholders. majority to over-rule the Chair, it has We have what could fairly be termed States would be full partners in this proven ineffective in stripping riders. a looming transportation crisis in the effort and would have to put up a 20 And, as we all know, Rule 28 is effec- United States. Business and personal percent match which would go into an tively moot at this point. travelers are overwhelmingly relying escrow account to be used to repay the As such, when the Senate reconvenes on air travel to get from city to city, bond principal. next year, it is my intention to offer an and the system is plagued with delays These funds would enable high-speed amendment to the Rules of the Senate and congestion which is not only un- rail projects to go forward in the Mid- designed to toughen Rule 16, and to re- dermining people’s personal plans but west, the Southeast, the Gulf Coast, affirm and toughen Rule 28. This also harming the business community. and along the Pacific Coast. amendment would do the following: Air travel has become so inconven- And it would allow us to finish the Rule 16 would be modified to require ient and unreliable, the public needs Northeast Corridor high-speed rail a three-fifths vote to over-rule a point alternatives. According to the Federal project. of order against a legislative item in- Aviation Administration, aviation High-speed rail means better, faster, serted into a general appropriations delays increased 58 percent between more competitive rail service. It means bill by the appropriations committee. 1995 and 1999. And to add to passengers’ a comfortable travel alternative to Further, a single point of order may be frustration, the average delay is get- those who want to avoid congested raised against each legislative item, ting longer each year—averaging 50 highways and cramped and delayed and each point of order would be debat- minutes in 1999. planes. able and subject to a roll call vote. Even worse, flight cancellations in- The High-Speed Rail Investment Act, Rule 28 would be modified, blocking creased 68 percent over that same pe- S. 1900, is supported by a bipartisan Conferees to a general appropriations riod—1995—1999. Overall, nearly one in group of 57 Senators representing all bill from inserting in their Report any four flights was either delayed or can- regions of the country. And companion matter not committed to them by ei- celed in 1999. House legislation, H.R. 3700, introduced ther House, or striking from the bill The summer of 1999 was the most de- by Congressmen AMO HOUGHTON and matter agreed to by both Houses. Con- layed summer in aviation history. That JAMES OBERSTAR, now has over 150 co- ferees to a general appropriations bill is until this summer, which blew past sponsors. would be prohibited from increasing an last year’s delay record. Our Nation’s governors, state legisla- appropriation for any item committed The number of delays, the number of tors, and mayors understand our trans- to them by either House to a level ex- cancellations, and the length of delays portation problems and see high-speed ceeding the highest appropriated level all have continued to go up so far in rail as a vital part of the solution to for such item presented to them by ei- 2000. And consumer complaints more our transporatation woes. Newspapers ther House, and reducing an appro- than doubled in 1999 and are up almost from across the Nation have come out priated level for any item committed another 50 percent so far this year. in support of investing in high-speed to them below the lowest appropriated With aviation travel expected to in- rail. level for such item committed to them crease more than 50 percent over the Mr. President, the benefits of High by either House. next decade, we have a crisis looming. Speed Rail Service are clear. High- Further, Conferees to a general ap- The Federal Aviation Administration speed rail is the future of transpor- propriations bill would be restricted estimates that boardings will increase tation in America. We cannot maintain from modifying any item committed to to 917 million by 2008. Our current avia- a productive and efficient transpor- them by either House where such modi- tion system can’t handle this demand. tation system without modernizing our

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.129 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11861 rail infrastructure and providing a tive payment system for federally soon as they are available. Unfortu- competitive alternative means of qualified health centers in every state nately, these measures significantly in- transportation on our rails. of the country. Betty Vierra, who crease the cost of blood products—over I am therefore pleased that I have serves as the Executive Director of the 40 percent for the two latest tech- the commitment of my colleagues to Association for Utah Community nologies—for both the hospital and provide resources for high speed rail Health, advised me that this is one of blood bank. next year. While I won’t be in the Sen- the top priorities of community health While blood is donated by volunteers, ate, I know the Senator from Delaware centers in Utah and across the nation. nonprofit blood centers must recover and other colleagues will work relent- Community health centers have been the costs associated with providing a lessly toward this goal. working on this issue since 1997, and I safe product. Nonprofit blood centers Mr. HATCH. Mr. President, as the am pleased they have finally won their pass these charges onto hospitals, Senate considers the Medicare, Med- hard-fought battle. which in turn, must get timely and icaid and SCHIP Benefits Improvement The bill also contains provisions adequate reimbursement for these life- and Protection Act of 2000, I want to from the Medicare Access to Tech- saving and life-enhancing products. Un- take this opportunity to comment nology Act of 2000, legislation that I in- fortunately, the current system by about several of the provisions in- troduced earlier this year. Last year, which HCFA determines inpatient re- cluded in the bill. This bill contains provisions were included in the omni- imbursement rates does not account many important health care provisions bus budget legislation for fiscal year for these safety improvements a timely affecting both Medicare providers and 2000 that addressed some of the out- manner. Medicare beneficiaries. Accordingly, I standing problems concerning access The bill directs HCFA and MedPAC am delighted that a final agreement issues for Medicare beneficiaries. Un- to review how hospitals are being reim- has been reached with the White House fortunately, we were to able to resolve bursed for blood. It also asks both enti- on these provisions and that the meas- all of the issues last year. As a result, ties to recommend necessary changes ure is now ready for passage. Medicare beneficiaries continue to to provide fair and timely reimburse- I also want to take this opportunity have trouble gaining access to many ment. While these recommendations to commend the distinguished Chair- new medical technologies that are al- will not be completed until late next man of the Finance Committee, Sen- ready reimbursed by private insurance year, I will continue to work on guar- ator ROTH, for his leadership and per- plans. anteeing that patients are receiving sistence over the past several months That is why I introduced the Medi- the safest possible blood products as in moving this critically important care Patient Access to Technology Act soon as possible. legislation. On a personal note, I would of 2000. I believe we must eliminate the I am also very pleased that the legis- be remiss if I did not say that I will delays and barriers to access that have lation before the Senate today contains miss my colleague and good friend BILL arisen in the way Medicare decides to additional funding for our nation’s ROTH. I am very sorry that he will not cover, code and pay for new medical de- skilled facilities (SNFs). In September, be returning to the next Congress to vices and diagnostics. Last year’s legis- I introduced legislation, S. 3030, along continue the work on which he has la- lation, which was included in the Bal- with my colleague Senator DOMENICI, bored for so many years. anced Budget Relief Act (BBRA), rep- to increase Medicare reimbursements BILL ROTH has made a real difference to Americans—he was one of the origi- resented an important first step in for skilled nursing facilities. Nursing homes across our country nal believers in across-the-board tax modernizing the Medicare program to continue to struggle under the enor- cuts. President Reagan seized on this provide timely access to needed med- mous demands of complying with the idea as the way to get our nation out of ical treatments provided in the hos- implementation of the prospective pay- ‘‘stagflation.’’ The tax policy worked pital outpatient setting. and produced one of the longest periods Briefly, my legislation requires the ment system as authorized pursuant to Health Care Financing Administration the Balanced Budget Act of 1997 (BBA). of prosperity in history. BILL ROTH was also a father of the individual retire- (HCFA) to implement the OPPS pass- In an effort to address this problem, ment account, which is a simple way through payment program on the basis Congress passed legislation last year to that Americans can help themselves of categories starting April 1, 2001. The restore nearly $2.7 billion for the care bill includes a provision which changes of nursing home patients. This action save for retirement. Senator ROTH worked tirelessly over the years to ex- the way in which HCFA reimburses for provided much needed relief to an in- pand IRAs, make them even more clinical laboratory services including dustry that is facing extraordinarily fi- available and more workable. I greatly the establishment of a specific process nancial difficulties as a result of the admire BILL ROTH’s understanding of for clinical laboratory payments, and spending reductions provided under the the tax code and tax policy, and we are to report to Congress on this issue. Fi- BBA as well as implementation by going to miss his continued contribu- nally, the legislation requires the HCFA. tions to this complex issue area. maintenance of local codes by Medi- Unfortunately, the problem is not But, Chairman ROTH has also been a care contractors for three years and fixed and more needs to be done. That champion on the Finance Committee also requires HCFA by October 1, 2001 is why Senator DOMENICI and I intro- and in the Senate for his commitment to provide for the inclusion of new duced the Skilled Nursing Facility in addressing the critical structural technologies and devices more quickly Care Act of 2000 so that seniors can rest and financing problems facing the in the Medicare inpatient hospital pay- assured that they will have access to Medicare program. Indeed, his work ment program. this important Medicare benefit. over the past several years as Chair- On another matter, I have been deep- In Utah, there are currently 93 nurs- man of the Finance Committee has ly concerned about the safety of our ing homes serving nearly 5,800 resi- dramatically improved the prospects nation’s blood supply. Patient access dents. I understand that seven of these that meaningful Medicare reform can to a safe and adequate blood supply is 93 facilities, which are operated by be accomplished, in a bipartisan fash- a national health priority, however, Vencor, have filed for Chapter 11 pro- ion, in the next Congress. Moreover, many of us have heard from the Amer- tection. These seven facilities care for because of his efforts, the foundation ican Red Cross, America’s blood cen- approximately 800 residents. Clearly, has been laid for a workable and much- ters, and the American Association of we need to be concerned about the needed Medicare drug benefit that I am Blood Banks about hospitals having prospect of these nursing homes going hopeful Congress will enact with the trouble paying for new blood therapies. out of business, and the dramatic con- leadership of President-elect Bush. Additional funding is needed if we are sequences that such action would have For now, I would like to comment to remain committed to the safest on all residents—no matter who pays briefly on several provisions which I blood supply possible. the bill. authored, or strongly supported, that The blood banking and transfusion I am pleased that the bill before the are included in this legislation. medicine communities are constantly Senate contains provisions from the First, I am pleased the legislation working to assure that safety improve- Skilled Nursing Facility Care Act to contains provisions to create a prospec- ments for blood are implemented as ensure patient access to nursing home

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.126 pfrm04 PsN: S15PT2 S11862 CONGRESSIONAL RECORD — SENATE December 15, 2000 care. Medicare’s skilled nursing benefit cent cut. And, while I hoped we could health care. The bill authorizes, for the provides life enhancing care following repeal the 15% cut provision alto- first time, the Indian Health Service a hospitalization to nearly two million gether, I can appreciate the difficulty (IHS) and tribally operated clinics and seniors annually. Unless Congress and the conferees faced in resolving this hospitals to receive Medicare Part B HCFA take the necessary steps to en- complicated and costly provision. De- reimbursement for services provided sure proper payments, elderly patients laying the cut for another year will under the physician fee schedule. This will be at risk, especially in rural, un- provide Congress additional time to ad- proposal would enhance the access of derserved and economically disadvan- dress this controversial issue. Medicare-eligible Native Americans to taged areas. Moreover, the bill provides for a full affordable, quality health care and im- Specifically, the bill provides ap- medical inflation update for home prove the ability of these clinics and proximately $1.6 billion to SNFs over health. I am particularly pleased the hospitals to serve the Native American the next five years. The legislation re- bill contains a provision that enhances population. peals the minus one percent decrease in the use of telehealth medicine in the Another important Medicare issue I the SNF market basket for FY 2001 delivery of home health care services. want to raise involves providing appro- thereby providing the full market bas- This enhancement will be especially priate coverage for certain injectable ket update. In FY 2002 and 2003 the up- helpful to those individuals who live in drugs and biologicals that are critical dates would be the market basket the rural and remote parts of Utah to many Medicare beneficiaries. To re- index increase minus 0.5 percentage where medical specialists are not read- solve this issue, the legislation has a points. ily available. As a result, Utahns who provision which addresses this impor- Moreover, temporary increases in the live in these areas will not have im- tant issue. federal per diem rates provided by last proved access to the best doctors and The Medicare Carriers Manual speci- year’s increases would be in addition to medical care specialists regardless of fies that a drug or biological is covered the increases in this provision. The bill where they live. under this provision if it is ‘‘usually’’ also increases the nursing component The bill also contains a provision on not self-administered. Under this for each Resource Utilization Group adult day care. This provision clarifies standard, Medicare for many years cov- (RUG) by 16.66% over current law for that the need for adult day care for a ered drugs and biological products ad- SNF care furnished after April 1, 2001 patient’s plan of treatment does not ministered by physicians in their of- and before October 1, 2002. Clearly, preclude appropriate coverage for home fices and other outpatient settings. In these additional dollars will help en- health care. It also clarifies the ability August 1997, however, HCFA issued a sure the continuity of beneficiary care of homebound beneficiaries to attend memorandum that had the effect of in our nation’s nursing homes. religious services without being dis- eliminating coverage for certain prod- Another issue that I worked hard to qualified from receiving home health ucts that could be self-administered. get into the legislation is the financial care benefits. As one of the Senate’s This resulted in patients suddenly los- commitment made for the treatment strongest supporters of home health ing their Medicare coverage for these and research on diabetes. I am ex- care, I believe these provisions will en- products, thus limiting access to drugs tremely pleased that the bill provides a hance substantially the home health and biologicals for many seniors and substantial increase in appropriations care benefit. disabled individuals. for special diabetes programs for chil- As far as hospitals are concerned, the The legislation’s language clarifies dren with Type 1 Diabetes as well as legislation provides a substantial Medicare reimbursement policy to for Native Americans with diabetes. As amount of new funding for our nation’s guarantee that physicians and hos- my colleagues recall, the BBA created hospitals. I have been particularly con- pitals will be reimbursed for injectable two new grant programs under which cerned about the financial impact of drugs and biologicals. The new lan- the Secretary of Health and Human the BBA’s provisions on rural hos- guage requires coverage of ‘‘drugs and Services could make grants to support pitals. As I travel across Utah, I am biologicals which are not usually self- prevention and treatment services of constantly reminded by hospital ad- administered by the patient,’’ thus re- diabetes for children and for Native ministrators about the serious finan- storing the coverage policy that was in Americans, respectively. cial pressures many of these institu- effect before the August 1997 HCFA Specifically, Congress committed $30 tions currently face with increased de- memorandum was issued. million each for Native American dia- mands for care while coping with re- When HCFA considers whether a drug betes care and for NIH research of Type duced reimbursements from Medicare. or biological is usually self-adminis- 1 Diabetes in children. This program Clearly, Congress needs to act now to tered, I feel HCFA should determine was authorized for five years—FY 1998 ensure the financial viability of our na- whether a majority of Medicare bene- through FY 2002. I am very pleased the tion’s hospitals. ficiaries can actually self-administer legislation increases the appropriated The bill also addresses the problem the drug. HCFA should assume, as it funds available for these two programs by providing equitable treatment for did for many years, that Medicare pa- by raising the amount from $30 million rural disproportionate share hospitals tients do not usually administer injec- to $100 million for FY 2001 and FY 2002, (DSHs) which care for a dispropor- tions or infusions to themselves, while respectively. Moreover, the bill appro- tionate share of poor Medicare pa- oral medications usually are self-ad- priates $100 million for each program tients. The bill extends the Medicare ministered. for FY 2003. Dependent Hospital program for rural I believe that it would be appropriate These dollars have been extremely areas; it updates target amounts for for HCFA to issue guidelines for its helpful in Indian Country where Native sole community hospitals; and in- contractors to clarify the intent of the Americans suffer the highest rate of di- creases rural patients’ access to emer- legislation. In addition, HCFA should abetes than any other segment of our gency and ambulance services. instruct its contractors not to exclude population. I want to commend the Re- Moreover, the bill ensures continued a drug or biological without making an publican leadership for ensuring that access to hospital services nationwide explicit finding supported by evidence these dollars were included in the bill— by providing a full inflation market that the product is usually self-admin- this commitment is truly making posi- basket update for fiscal year 2001. The istered by most Medicare patients. tive difference in the lives of millions plan also ensures the financial sta- This issue is an important step to of Americans who suffer from this bility of teaching hospitals by increas- provide our seniors and persons with deadly disease. ing payments related to physician disabilities with the prescription drugs With respect to home health care, training. This provision is especially and biologicals that they deserve. I the legislation protects funding for important to Utah’s University Hos- look forward to working with HCFA to home health care services by delaying pital which has been hard hit in the ensure that our Medicare beneficiaries until October 1, 2002 a BBA-scheduled past year by the BBA reductions. receive adequate and appropriate cov- 15 percent cut in Medicare payments. I With regard to Native Americans, the erage for these drugs and biologicals. sponsored legislation earlier this year legislation contains an extremely im- On another matter Mr. President, I that addresses the issue of the 15 per- portant provision regarding Indian would also like to state that as the

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.048 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11863 Medicare provisions of this legislation Committee Chairman JIM TALENT, Chairman BOND agreed to remove his are implemented, I urge the Secretary House Small Business Committee´ provision regarding the ‘‘Independent of Health and Human Services to re- Ranking Member NYDIA VELAZQUEZ, Office of Advocacy Act,’’ which I co- view policies that affect the order of our staffs, Laura Ayoud with Senate sponsored, and which passed the Senate services provided to home health bene- Legislative Counsel and John Ratliff as a separate bill. This Committee has ficiaries to assure that, under the pro- with the House Legislative Counsel’s heard on more than one occasion that spective payment system, home health office for their efforts on reauthorizing providing separate funding for the Of- agencies are given maximum flexibility programs vital to America’s small fice of Advocacy is the best means to to provide services in a clinically ap- businesses. We have all worked long ensure its autonomy. I look forward to propriate and efficient order. and hard to get to this point. working with the Chairman on this In this connection, I believe the Sec- The Small Business Reauthorization issue in the next Congress. A provision retary should also review the role of Act of 2000, H.R. 5667, as included in the requested by Senator TED STEVENS set- occupational therapists in conducting Fiscal Year 2001 Omnibus Appropria- ting up a HUBZone pilot program in the initial Outcome and Assessment In- tions bill, contains a good portion of Alaska and a provision requested by formation Set (OASIS) even when oc- the conference report negotiated by the Senator DIANNE FEINSTEIN to allow cupational therapy is not the therapy Senate and House Committees on fruit and vegetable packing houses hit service that initially qualifies the ben- Small Business. Despite the rough by the 1998 freeze to participate in the eficiary for covered home health serv- start, partisan wrangling over unre- SBA’s Disaster Loan program were re- ices. lated issues, broken deals and lengthy moved as well. I have assured Senator delays, I am pleased that we can at last For example, when patients are pre- FEINSTEIN that the Committee will scribed home health solely for rehabili- pass this legislation so critical to our look further into this matter in the tation, the review should include nation’s small businesses. Unfortu- next Congress in an effort to allow the whether or not it would be clinically nately, it is our small businesses that SBA to provide relief if it is warranted. appropriate for occupational therapy have suffered the most in this climate A provision requested by the Admin- to be the first service provided to the of uncertainty, waiting, anticipating istration and strongly supported by and hoping that the Congress would patient. Another factor to be consid- Senator PAUL WELLSTONE and myself ered is whether or not it may be appro- complete its work and pass this reau- was also dropped. This provision would priate for an occupational therapist to thorization package. have created a Native American Small While I am pleased that we have conduct the initial OASIS. I am hope- Business Development Center (SBDC) reached an agreement that will ensure ful that the prospective payment sys- Network that would have worked to- continuation of valuable Small Busi- tem implemented by the Secretary will gether with the traditional SBDC Net- ness Administration (SBA) programs, I not restrict the ability of home health work, but would have been separately am greatly concerned with the break- funded. I have received assurances from agencies to fully utilize the unique down in the legislative process that has both Chairman BOND and the House skills of covered therapists. prevented what is normally a bi-par- Once again, Mr. President, I am tisan reauthorization bill from passing Committee on Small Business that this pleased the Congress and President in a timely manner. issue will be addressed in the next Con- Clinton have come together in reaching To briefly elaborate on this, when gress, along with concerns raised by agreement on this legislation. It is the original agreement between the Senator INOUYE about the participation vital that these provisions become en- Senate and the House was concluded, of Native Hawaiian Organizations in acted this year; they will help many our bipartisan legislation was com- the 8(a) program. The Senate and people across our country. I look for- mandeered by the Republican leader- House Committees on Small Business ward to the President signing this ship and provisions dealing with tax are in agreement that this is an impor- measure into law at the earliest pos- cuts, assisted suicide and medicare tant issue for Native Americans, con- sible date. give-backs to HMOs were added with- sidered a disadvantaged group for the I also want to take this opportunity out my knowledge or consent. The purposes of SBA programs, and one to thank the numerous individuals President threatened to veto such a that needs greater focus. across the great state of Utah who took package. Provisions regarding the Quadrennial the time to meet with me here in Additionally, a Wellstone provision Small Business Summit, the Small Washington and in Utah over the past agreed to during negotiations was re- Business Advocacy Review Panel Tech- year regarding many of the health pro- moved. The Wellstone provision would nical Amendments Act, Development visions included in this bill. I value the have created a 3 year $9 million pilot Company Debenture Interest Rates, input and expertise I received from project to build the capacity of com- Fraud and False Statements and Fi- health care providers and consumers in munity development venture capital nancial Institution Civil Penalties may state, and especially from the el- firms through research, training and were also removed. derly whose views have been particu- management assistance. Senator The final version of this legislation larly helpful to me in the development WELLSTONE had already agreed to does include some of the provisions I of this legislation. make this program a three year pilot requested regarding improvements to Seniors in Utah and across our coun- project and cut the funding down from the Microloan program. The changes to try depend on Medicare. We must en- $20 million over four years. But the the Microloan program stemmed from sure this program provides the highest provision was removed from the Con- the President’s Fiscal Year 2001 budget quality of health care to beneficiaries. ference Report without consulting ei- request and had broad support in the Moreover, I am hopeful that in the ther of us. Senate, as well the support of several next Congress, with the leadership I am also disappointed that some pro- Members of the House Committee on from President-elect Bush, we will be visions included in the Senate passed Small Business. I have long been a firm able to build on today’s work and fur- version of the Small Business Reau- believer in microloans and their power ther improve the quality of services to thorization Act, as well as in the Ad- to help people gain economic independ- beneficiaries and, especially, provide ministration’s budget request, were not ence while improving the communities for a new outpatient prescription drug included in the final version of this leg- in which they live. With a relatively benefit. islation. The original Senate version small investment, the Microloan pro- Mr. KERRY. Mr. President, let me contained several provisions important gram helps turn ideas into small busi- say a few words about the Small Busi- to the Administration, Members of the nesses adding up to sel-sufficiency for ness Reauthorization Act of 2000 and Senate Small Business Committee and many families and big returns for the the process to bring this legislation to the Senate in general. In the spirit of taxpayers. the floor as part of the Fiscal Year 2001 compromise, the Senate agreed to drop Changes to the program, which re- Omnibus Appropriations bill. First, several of these important provisions, sulted from a roundtable Committee however, I would like to thank Senate with an understanding, in many cases, meeting in the Senate and discussions Committee on Small Business Chair- to revisit these issues in the 107th Con- with the Administration and users of man KIT BOND, House Small Business gress. the Microloan program, will be a great

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.049 pfrm04 PsN: S15PT2 S11864 CONGRESSIONAL RECORD — SENATE December 15, 2000 boon to the effectiveness and avail- the programs and the prosperity of the ensuring that our nation is the leader ability of Microloans. Specifically, pro- country. I also think they are adequate in knowledge-based industries, which visions increasing the maximum loan should the economy slow down and will generate the largest job growth in amount from $25,000 to $35,000 and in- lenders have less cash to invest. Con- the next century, the SBIR program is creasing the average loan size to $15,000 sistent with SBA’s mission, in good a good investment for the future. were included. However, changes to times or bad, we need to make sure I am proud of the many SBIR suc- make the program more effective, such that small businesses have access to cesses that have come from my state of as increasing the number of inter- credit and capital so that our economy Massachusetts. Companies like Ad- mediaries or authorizing reimburse- benefits from the services, products vanced Magnetics of Cambridge, Mas- ment for peer-to-peer mentoring, were and jobs they provide. As First Lady sachusetts, illustrate that success. Ad- weakened or removed because the and Senator-elect HILLARY RODHAM vanced Magnetics used SBIR funding to House did not have time to hold hear- CLINTON says, we don’t want good ideas develop a drug making it easier for ings and study them thoroughly. dying in the parking lot of banks. We hospitals to find tumors in patients. I believe all of the changes in the also want a safety net when our states The development of this drug increased Senate bill make sense, have broad bi- are hit hard by a natural disaster. company sales and allowed Advanced partisan and bicameral support, and There are many members of this Cham- Magnetics to hire additional employ- would go a long way toward providing ber, and their constituents, who know ees. This is exactly the kind of eco- increased access to capital, especially all too well the value of SBA disaster nomic growth we need in this nation, for minority entrepreneurs. I want to loans after floods, fires and tornadoes. because jobs in the high-technology make it clear to my colleagues who Mr. President, I am extremely field pay well and raise everyone’s support the Microloan program that I pleased that we included legislation to standard of living. That is why I am will continue my efforts to strengthen extend the Small Business Innovation such a strong supporter and proponent this program and will work with Chair- Research (SBIR) program for 8 more of the SBIR program and fully support man BOND and our House counterparts years as part of this comprehensive its reauthorization. to make these remaining improve- SBA reauthorization bill. While I am This legislation also includes my leg- ments in the next Congress. I also in- very sorry the process has taken this islation establishing a New Markets tend to revisit the Microloan funding long, in no way should that imply that Venture Capital program at SBA. This issue before the end of the three-year there is not strong support for the small business legislation is designed reauthorization period if the level au- SBIR program, the Small Business Ad- to promote economic development, thorized is inadequate to meet program ministration, or our nation’s innova- business investment, productive wealth needs. tive small businesses. and stable jobs in ‘‘new markets,’’ low- While I am disappointed that some of The SBIR program is of vital impor- and moderate-income communities the Senate changes were not included tance to the high-technology sector where there is little to no sustainable in the final compromise, this legisla- throughout the country. For the past economic activity but many over- tion is crucial for our nation’s small decade, growth in the high-technology looked business opportunities. The ven- businesses. It reauthorizes all of the field has been a major source of the re- ture capital program is modeled after SBA’s programs, setting the funding surgence of the American economy we the Small Business Administration’s levels for the credit and business devel- now enjoy. While many Americans successful Small Business Investment opment programs, and making selected know of the success of Microsoft, Ora- Company program. The SBIC program improvements. Without this legisla- cle, and many of the dot.com compa- has been so successful that it has gen- tion, the 504 loan program and the nies, few realize that it is America’s erated more than $19 billion in invest- Small Business Innovation Research small businesses, working in industries ments in more than 13,000 businesses program would shut down; the venture like software, hardware, medical re- since 1992. capital debenture program would shut search, aerospace technologies, and With the passage of the ‘‘New Mar- down; and funding to the states for bio-technology, that are helping to fuel kets’’ legislation, low- and moderate- their small business development cen- this resurgence—and that it is the income areas will have increased op- ters would be in jeopardy. SBIR program that makes much of this portunities to join the economic boom The SBA’s contribution is signifi- possible. By setting aside Federal re- in America and this targeted venture cant. In the past eight years, the SBA search and development dollars specifi- capital will make a powerful difference has helped almost 375,000 small busi- cally for small high-tech businesses, in places like the inner-city areas of nesses get more than $80 billion in the SBIR program is making important Boston’s Roxbury or New York’s East loans. That’s double what small busi- contributions to our economy. Harlem, and rural areas like Ken- nesses had received in the preceding 40 These companies have helped launch tucky’s Appalachia or the Mississippi’s years since the agency’s creation. The the space shuttle; conducted research Delta region. SBA is better run than ever before, on Hepatitis C; and made B–2 Bomber This legislation also contains H.R. with four straight years of clean finan- missions safer and more effective. 2614, which reauthorizes SBA’s 504 loan cial audits; it has a quarter less staff, Since the start of the SBIR program program, which passed the Senate on but guarantees twice as many loans; in 1983, more than 17,600 firms have re- June 14, 2000. The bill and our improve- and its credit and finance programs are ceived over $9.8 billion in SBIR funding ments make common-sense changes to a bargain. For a relatively small in- agreements. In 1999 alone, nearly $1.1 this critical economic development vestment, taxpayers are leveraging billion was awarded to small high-tech tool. These changes will greatly in- their money to help thousands of small firms through the SBIR program, as- crease the opportunity for small busi- businesses every year and fuel the sisting more than 4,500 firms. ness owners to build a facility, buy economy. The SBIR program has been, and re- more equipment, or acquire a new Let me just give you one example. In mains, an excellent example of how building. In turn, small business own- the 7(a) program, taxpayers spend only government and small business can ers will be able to expand their compa- $1.24 for every $100 loaned to small work together to advance the cause of nies and hire new workers, ultimately business owners. Well known successes both science and our economy. Access resulting in an improved local econ- like Winnebago and Ben & Jerry’s are to risk capital is vital to the growth of omy. clear examples of the program’s effec- small high technology companies, Since 1980, over 25,000 businesses have tiveness. which accounted for more then 40 per- received more than $20 billion in fixed- Overall, I agree with the program cent of all jobs in the high technology asset financing through the 504 pro- levels in the three-year reauthorization sector of our economy in 1998. The gram. In my home state of Massachu- bill. As I said during the Small Busi- SBIR program gives these companies setts, over the last decade small busi- ness Committee’s hearing on SBA’s access to Federal research and develop- nesses have received $318 million in 504 budget earlier in the year, I believe the ment money and encourages those who loans that created more than 10,000 program levels are realistic and appro- do the research to commercialize their jobs. The stories behind those numbers priate based on the growing demand for results. Because research is crucial to say a lot about how SBA’s 504 loans

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.120 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11865 help business owners and communities. procurement. Recently, the Council This legislation also includes a provi- For instance, in Fall River, Massachu- completed two studies that docu- sion relating to SBA’s cosponsorship setts, owners Patricia Ladino and Rus- mented the world of Federal procure- authority. This authority allows SBA sell Young developed a custom packing ment and its impact on women-owned and its programs to cosponsor events plant for scallops and shrimp that has businesses. and activities with private sector enti- grown from ten to 30 employees in just According to the National Founda- ties, thus leveraging the Agency’s lim- two short years and is in the process of tion for Women Business Owners, over ited resources. The legislation extends another expansion that will add as the past decade, the number of women- this authority for three additional many as 25 new jobs. owned businesses in this country has years. Under this reauthorization bill, the grown by 103 percent to an estimated Mr. President, let me conclude by re- maximum debenture size for Section 9.1 million firms. These firms generate minding my colleagues that all of our 504 loans has been increased from almost $3.6 trillion in sales annually states benefit from the success and $750,000 to $1 million. For loans that and employ more than 27.5 million abundance of small businesses. This meet special public policy goals, the workers. With the impact of women- legislation makes their jobs a little maximum debenture size has been in- owned businesses on our economy in- easier. I ask my colleagues for their creased from $1 million to $1.3 million. creasing at an unprecedented rate, support of this important legislation. It has been a decade since we increased Congress relies on the National Wom- Mr. THURMOND. Mr. President, as the maximum guarantee amount. If we en’s Business Council to serve as its we draw the 106th Congress to a close, were to change it to keep pace with in- eyes and ears as it anticipates the I wish only to take a moment to ex- flation, the maximum guarantee would needs of this burgeoning entrepre- press my appreciation to Senator STE- be approximately $1.25 million instead neurial sector. Since it was established VENS and others who concluded the ne- of $1 million. By not implementing in 1988, the bipartisan Council has pro- gotiations on this final appropriations such a sharp increase, we are striking a vided important unbiased advice and bill. They have worked under difficult balance between rising costs and in- counsel to Congress. circumstances, and I commend them creasing the government’s exposure. This Act recognizes the Council’s for their accomplishment. I particu- I am pleased to say that this legisla- work and re-authorizes it for three larly acknowledge the effort of the tion also includes a provision assisting years, from FY 2001 to 2003. It also in- Senator STEVENS. He is an outstanding women-owned businesses, which I first creases the annual appropriation from chairman. He has devoted months of ef- introduced in 1998 as part of S. 2448, the $600,000 to $1 million, which will allow fort to this bill at great personal sac- Small Business Loan Enhancement the council to support new and ongoing rifice. He is extremely capable and is Act. This provision adds women-owned research, and produce and distribute always courteous and I express my per- businesses to the current list of busi- reports and recommendations prepared sonal thanks to him for his good work. nesses eligible for the larger public pol- by the Council. I am particularly gratified that the icy loans. As the role of women-owned The Historically Underutilized Busi- Appropriations Committee found a way businesses in our economy continues to ness Zone, or ‘‘HUBZone’’ program, to fund a leadership development pro- increase, we would be remiss if we did which passed this Committee in 1997, gram for the Boys and Girls Clubs of not encourage their growth and success has tremendous potential to create America. I have a long held interest in by adding them to this list. economic prosperity and development and concern for the young people of our Mr. President, the 504 loan program in those areas of our Nation that have Nation. The funding contained in this gets results. It expands the opportuni- not seen great rewards, even in this bill for a National Training Center will ties of small businesses, creates jobs time of unprecedented economic health assist this worldwide organization in and improves communities. It is cru- and stability. This program is similar its mission of serving youth. The Cen- cial that it be reauthorized, I am to my New Markets legislation in that ter will offer a full array of programs, pleased this legislation has been in- it creates an incentive to hire from, training, and research for participants cluded in this package. and perform work in, areas of this from across the entire Nation. As a re- Small Business Development Centers country that need assistance the most. sult, significant progress will be make (SBDC) are also reauthorized under This bill would authorize the HUBZone toward the goals of promoting citizen- this legislation. SBDCs serve tens of program at $10 million for the next 3 ship, leadership, and character develop- thousands of small business owners and years, which is $5 million above the Ad- ment; the prevention of drug and alco- prospective owners every year. This ministration’s request. hol abuse; and similar initiatives. On bill takes a giant step to retool the for- Additionally, this legislation in- behalf of the youth of this Nation, I mula that determines how much fund- cludes very important provisions to again express my appreciation for the ing each state receives. This is an im- allow those groups which were inad- Congress supporting this measure. portant program for all of our states vertently missed when this legislation Mr. BIDEN. Mr. President, I want to and we want no confusion about its was crafted—namely Indian tribal gov- take a few minutes to speak to the funding. Without this change, some ernments and Alaska Native Corpora- Commerce-Justice-State appropria- states would have suffered sharp de- tions—to participate in the program. I tions legislation that is contained in creases in funding, disproportionate to appreciate the willingness of the Com- this bill. Unfortunately, I’ve got some their needs. I appreciate and am glad mittee on Indian Affairs to work with good news and some bad news. The that the SBA and the Association of our Committee to create increased good news is that this bill recognizes Small Business Development Centers HUBZone opportunities for Native the need to dedicate more resources to worked with me to develop an accept- Americans. foreign policy needs; the bad news is able formula so that small businesses As I stated, the HUBZone section that the bill fails to contain funding continue to be adequately served. As I does not contain any provision address- for three important programs in the said previously, I plan to revisit the ing the interaction of the HUBZone Justice portion of this legislation. Native American SBDC Network issue and 8(a) minority contracting pro- The State Department does impor- next Congress. grams. I believe that the 8(a) program tant work—protecting our citizens and This legislation also reauthorized the is an important and necessary tool to pursuing our foreign policy objec- National Women’s Business Council. help minority small businesses receive tives—in some of the most dangerous For such a tiny office, with minimal access to government contracts. The and difficult places in the world. Un- funding and staff, it has managed to Chairman and I agree that there is a like the U.S. military, State Depart- make a significant contribution to our need to enhance the participation of ment employees go into areas of con- understanding of the impact of women- both 8(a) and HUBZone companies in flict unarmed, and generally unpro- owned businesses in our economy. It Federal procurement. It is my inten- tected. We have State Department offi- has also done pioneer work in raising tion that the Senate Committee on cials in Sierra Leone, in Syria, in Leb- awareness of business practices that Small Business consider the issue of anon and Liberia, and throughout the work against women-owned business, enhancing small business procurement war-torn corners of the former Yugo- such as some in the area of Federal in the next Congress. slavia.

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.121 pfrm04 PsN: S15PT2 S11866 CONGRESSIONAL RECORD — SENATE December 15, 2000 That is why I am particularly pleased ened that the legislation does not con- This fund works. It ensures that the to see that funding for embassy secu- tain three crucial provisions—reau- crime reduction programs that we pass rity in the Commerce-Justice-State thorization of the COPS program, the will be funded. It ensures that the bill is at the levels requested by the Violent Crime Reduction Trust Fund, crime rate will continue to go down in- Administration. I strongly support full and full funding for the Violence stead of up. It ensures that our kids funding of two critical accounts—em- Against Women Act. will have a place to go after school in- bassy security and maintenance, and Although we have 49 co-sponsors stead of hanging out on the street cor- embassy security equipment and per- from both sides of the aisle and letters ners. It ensures that violent crimes sonnel—in the legislation to authorize of support from every major law en- against women get the individualized State Department activities which was forcement organization, a few powerful attention that they need and deserve. initiated by the Committee on Foreign members on the other side have refused It gives States money to hire more Relations last year. to allow a vote on the continuation of cops and get better technology. Failure to fully fund the State De- the COPS program. This bill also is unsatisfactory be- partment’s security account would In 1994, we set a goal of funding cause it leaves the landmark Violence have had a devastating effect on the 100,000 police officers by the year 2000. Against Women Act underfunded, seri- safety of the Americans who serve us We met that goal months ahead of ously jeopardizing the tremendous overseas, both in the number of secu- schedule. As of today, there have been strides we have made in every State rity agents who protect them against 109,000 officers funded and 68,100 offi- across this country to reduce domestic terrorist threats and construction of cers deployed to the streets. violence and sexual assault against new, safe embassies. Fortunately both Because of COPS, the concept of women. Congress originally approved these security programs will be well- community policing has become law this legislation in 1994 and then reau- funded. I regret, however, that agree- enforcement’s principal weapon in thorized it unanimously this past Octo- ment was not reached to fund a new fighting crime. Community policing ber. In the bill before us, however, Con- Center for Anti-terrorism and Security has redefined the relationship between gress fails to live up to its commitment to women and children who are the vic- Training. I hope we can give this care- law enforcement and the public. But, tims of domestic violence and sexual ful consideration next year. more importantly, it has reduced In addition, after many years of de- crime. And that is what we attempted assault by not appropriating the nec- cline, funding for the State Depart- to do. essary funds authorized in the Violence ment’s most basic needs—including sal- All across the country, from Wil- Against Women Act of 2000. Reauthorization of the COPS pro- aries and administrative expenses—has mington to Washington—from Con- gram, the Trust Fund, and full funding been increased. The final funding for necticut to California, we are seeing a for the Violence Against Women Act this account exceeds the Administra- dramatic decline in crime. Just a few should have been a part of this pack- weeks ago, the FBI released its annual tion’s original request by $65 million, age, and I’m disappointed that some on crime statistics which showed that which should help offset the many re- the other side have decided to put poli- once again, for the eighth year in a ductions in the State Department tics ahead of the people. budget during the 1990s. row, crime is down. In fact, crime was Mr. GRAMM. Mr. President, today I As the Secretary of State has said down 7 percent from last year and 16 am proud to add my voice in support of numerous times, diplomats are our percent since 1995. But we can’t become the Commodity Futures Modernization first line of defense. Just as we are con- complacent. We have to continue to Act of 2000. This legislation represents cerned about military readiness, so we help state and local law enforcement the end product of work that began in must be attentive to diplomatic readi- by putting more cops on the street. S. 2697, which Senator LUGAR and I in- ness overseas. We need to do as much Mark my words, the day we become troduced on June 8. The Commodity as we can—and in my opinion, this complacent is the day that crime rates Futures Modernization Act of 2000 com- funding goes only part way—to ensure go up again. And refusing to even allow pletes the work of last year’s financial that we retain the best and the bright- a vote on this bill is even worse than services modernization law, bringing est in our Foreign Service. complacency—it is irresponsible. our financial regulation in line with I am pleased that the amount of And I will say again that I firmly be- the rapid pace of developments in the money dedicated to United Nations lieve that reauthorization of the Vio- global marketplace. The Commodity Peacekeeping operations exceeds the lent Crime Reduction Trust Fund is Futures Modernization Act of 2000 will Administration’s original request. The the single most significant thing that now allow new and important financial final figure is based on more recent we can do to continue the war on products—single stock futures—to be calculations of the U.S. dues to the crime. sold in America. It protects financial United Nations and will allow us to Since the Fund was established in institutions from over-regulation, and help fund these important missions, the 1994 Crime Act, Congress has appro- provides legal certainty for the $60 tril- thereby alleviating suffering and im- priated monies from the fund for pro- lion market in swaps. proving stability around the world. grams including the Local Law En- Significant portions of this legisla- I understand the frustration that forcement Block Grant Program and tion, particularly in Titles II, III and many of my colleagues feel toward the numerous programs contained in the IV of the Act, concern issues within United Nations. Earlier this week, I Violence Against Women Act. The the jurisdiction of the Committee on visited the UN. I want to assure my money has gone to hire more cops and Banking, Housing, and Urban Affairs. colleagues that reform is happening. it has brought unprecedented resources Title II establishes the authority and Ambassador Holbrooke has kept his to defending our southwest border. It framework for the offering of single commitment, made to the Committee has funded runaway youth prevention stock futures, removing the ban em- on Foreign Relations during his con- programs and numerous innovative bodied in the so-called Shad-Johnson firmation hearings, that reform will be crime prevention programs. And there Accord. I would like to take this oppor- his ‘‘highest sustained priority.’’ He are many more. tunity to echo the views expressed by and his team in New York continue to The results of these efforts have my colleague, Congressman BLILEY, push effectively for needed reforms in taken hold. Crime is down—way down. Chairman of the Committee on Com- the areas of peacekeeping and general And we didn’t add 1 cent to the deficit merce of the House of Representatives, operations. The recommendations or the debt. at the time of House adoption of this made by the Brahimi panel, in par- This was the single most important bill. It is my understanding that noth- ticular, will result in better focused, paragraph in the 1994 Crime bill be- ing in Title II of H.R. 5660 would (i) au- trained and equipped peacekeeping cause no one can touch this money for thorize any bank or similar institution missions—changes I believe that we all any other purpose. It can’t be spent on to engage in any activity or trans- agree are needed. anything else but crime reduction. It is action, or hold any asset, that the in- I wish that I could be as positive the one place where no one can com- stitution is not authorized to engage in about the Justice Department portion pete. It is set aside. It is a savings ac- or hold under its chartering or author- of the bill, but I cannot. I am disheart- count to fight crime. izing statute; (ii) authorize depository

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.116 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11867 institutions either to take delivery of December 5, 2000, and (2) the product cising regulatory authority over the equity securities under a single stock was not prohibited by the CEA and was product unless the Commission obtains future or under any other cir- not in fact regulated by the CFTC as a the concurrence of the Board of Gov- cumstance, or otherwise to invest in contract of sale of a commodity for fu- ernors of the Federal Reserve Board any equity security otherwise prohib- ture delivery (or an option on such a (Board). If the Board does not concur in ited for depository institutions; or (iii) contract or on a commodity) on or be- the CFTC’s decision, the Board may allow a depository institution to use fore December 5, 2000. This provision is submit the controversy for determina- single stock futures to circumvent re- intended to provide legal certainty for tion by the United States Court of Ap- strictions in the law on ownership of existing banking products so that they peals for the District of Columbia Cir- equity securities under its chartering can continue to be offered, entered cuit. or authorizing statute. into, or provided by banks without The CFTC is expected to be cir- Under Title III of the bill, the SEC is being subject to CFTC regulation. cumspect in applying the predomi- granted new authority to undertake An existing banking product is one nance test. For example, it does not certain enforcement actions in connec- that is certified by the appropriate necessarily follow that a hybrid instru- tion with security-based swap agree- banking regulator as being a product is ment not satisfying the predominance ments. It is important to emphasize ‘‘commonly’’ offered, entered into, or test is inevitably a futures contract that nothing in the title should be read provided, on or before December 5, 2000, subject to CFTC regulation. The CFTC to imply that swap agreements are ei- in the U.S. by any bank. To rely upon must not interpret normal or tradi- ther securities or futures contracts. To that test a particular bank would not tional banking practices and activities, emphasize that point, the definition of need to have certified that the par- or prudent actions taken by a bank to a ‘‘swap agreement’’ is placed in a neu- ticular bank had offered the product. maintain safety and soundness, to be tral statute, the Gramm-Leach-Bliley The certification would apply if it or hybrid instruments that the CFTC may Act, that is, legislation that is not spe- any other bank had offered such a regulate. For example, a loan made by cifically part of a banking, securities, product on or before December 5, 2000. a bank is an identified banking product or commodities law. However, drawing The term ‘‘commonly offered’’ means, under section 206(a)(3) of the Gramm– upon the SEC’s enforcement experi- in effect, that the product was not ob- Leach-Bliley Act. Some may argue ence, the SEC is permitted, on a case- scure, or offered only briefly. It is not that a new loan product offered after by-case basis, with respect to security- to be construed to mean that the prod- December 5, 2000, may be interpreted to based swap agreements (as defined in uct must be of a type that is appro- be covered by the definition of a hybrid the legislation) to take action against priate or suitable for any and all users, instrument if it has one or payments fraud, manipulation, and insider trad- since many common bank products are indexed to the value of, or provides for ing abuses. tailored for specific customers, small the delivery of, one or more commod- Title III makes it clear that the SEC business loans or low cost checking ac- ities. However, there would be little is not to impose regulations on such in- counts for seniors being two such ex- justification for the CFTC to construe struments as prophylactic measures. amples. the pledging of a commodity as collat- Banks are already heavily regulated in- New banking products not excluded eral for a loan, or that providing that a stitutions. Further regulatory burden, from the CFTC’s jurisdiction under commodity may be offered as part or rather than discouraging wrongdoing, Title IV will be, if indexed to a com- full satisfaction of a loan, to be rep- would be more likely to discourage de- modity, subject to a test to determine resentative of a futures contract over velopment and innovation, during busi- whether they are predominantly bank- which the CFTC may exert jurisdic- ness overseas instead. The SEC is di- ing products, in which case, the CFTC tion. No such result is contemplated rected to focus on the wrong doers is precluded from exercising regulatory under this legislation. rather than provide new paperwork authority over them. The predomi- Moreover, the fact that a loan may burden and regulatory costs on the law nance test is a self test. Banks them- be renegotiated or sold, or that a loan abiding investors and financial services selves may apply the factors of the pre- or other identified banking product providers. For example, the SEC is di- dominance test with respect to the de- may not be held until maturity, is not rected not to require the registration velopment of new products, without a violation of the predominance test. of security-based swap agreements. If a making prior application to any regu- These are merely examples of the rea- registration statement is submitted to lator. The predominance test as con- sonable interpretations that the CFTC the SEC and accepted by the SEC, the tained in the law is intended to replace must adhere to when it applies the pre- agency is required promptly to notify regulatory provisions under the Com- dominance test for purposes of the the registrant of the error, and the reg- modity Exchange Act concerning the statute. istration statement will be null and application of a predominance test The Commodity Futures Moderniza- void. with respect to hybrid instruments. tion Act of 2000 excludes from its cov- Insider trading provisions of the Se- Under the predominance test, a hy- erage agreements, contracts or trans- curities Exchange Act will be applied brid instrument will be considered to actions in an excluded commodity en- to single stock futures transactions as be predominantly a banking product if tered into on an electronic trading fa- well. (1) the issuer of the instrument re- cility provided that such agreements, Title IV of the Commodity Futures ceives payment in full of the purchase contracts or transactions are entered Modernization Act of 2000 contains the price of the instrument substantially into only by eligible contract partici- Legal Certainty for Bank Products Act contemporaneously with its delivery, pants on a principal-to-principal basis of 2000. This title is a free standing pro- (2) the purchaser or holder of the hy- trading for their own accounts. In some vision of law, part of neither the bank- brid is not required to make any pay- cases, a party may enter into an agree- ing statutes not the commodities stat- ment to the issuer in addition to the ment, contact or transaction on an utes. The provisions of this title clarify purchase price during the life of the in- electronic trading facility that mirrors the jurisdictional line between the reg- strument or at maturity, (3) the issuer another agreement, contract or trans- ulation of banking products and fu- is not subject to mark-to-market mar- action entered into at about the same tures products. gining requirements, and (4) the hybrid time with a customer. The risk of one Under section 403 of Title IV, no pro- is not marketed as a contract of sale of transaction may be largely or com- vision of the Commodity Exchange Act a commodity for future delivery or an pletely offset by the other; and that (CEA) may apply to, and the CFTC is option subject to the CEA. may be the purpose for entering into prohibited from exercising regulatory If a bank, having applied the pre- both transactions. But the party enter- authority with respect to, an ‘‘identi- dominance test to a new product, de- ing into both transactions remains lia- fied banking product’’ if: (1) an appro- termines that the product is predomi- ble to each of its counterparties priate banking agency certifies that nantly a banking product not subject throughout the life of the transaction. the product has been commonly of- to CFTC regulation, and the CFTC That party is similarly exposed to the fered, entered into, or provided in the later challenges the bank’s conclusion, credit risk of each of its United States by any bank on or before the CFTC is still prohibited from exer- counterparties. The fact that a party

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.112 pfrm04 PsN: S15PT2 S11868 CONGRESSIONAL RECORD — SENATE December 15, 2000 has entered into back-to-back trans- ment would require all Inspectors Gen- cookies, and it was not clear how these actions as described above does not eral to report to Congress within 60 cookies were being used. This whole alter the principal-to-principal nature days on how each department or agen- episode raises questions about the Fed- of each of the transactions and must cy collects and reviews personal infor- eral Government’s commitment to citi- not be construed to affect the eligi- mation on its web site. The amendment zens’ privacy. It also could undermine bility of either transaction for the is based on similar language offered by citizens’ trust in government Web site. electronic trading facility exclusion. Congressman JAY INSLEE in the House I am not suggesting that cookies are Mr. President, enactment of the that would have applied exclusively to inherently bad devices under all cir- Commodity Futures Modernization Act the agencies funded by the Treasury- cumstances. Cookies can perform bene- of 2000 will be noted as a major Postal Appropriations bill. Our final ficial tasks on the Internet, such as achievement by the 106th Congress. language was adopted by the Senate- counting the number of visitors to a Taken together with the Gramm– House conferees in the bill providing site, assessing the popularity of certain Leach-Bliley Act, the work of this Con- appropriations for the Legislative Web pages, and briefly storing informa- gress will be seen as a watershed, Branch and Treasury-Postal Appropria- tion already entered into to a form so where we turned away from the out- tions Act, and it was included in the that users don’t have to enter the same moded, Depression-era approach to fi- Omnibus Appropriations Act. information multiple times. At the nancial regulation and adopted a The Internet has brought great bene- same time, cookies can be used to iden- framework that will position our finan- fits to our society, but understandably, tify specific computers and track a cial services industries to be world the public is becoming more and more user’s actions all over the Internet. leaders into the new century. concerned about the way personal in- The real questions I have are, ‘‘What Mr. KENNEDY. Mr. President, I join formation is collected and handled on are cookies on Federal agency web in commending the Democratic and the Internet. The Federal Government sites being used for, and what are the Republican leaders for reaching this bi- should set an example for how personal information-gathering practices of the partisan agreement to give early, full privacy is handled in cyberspace. But agencies?’’ Right now, I don’t know. and fair consideration to the Amtrak unfortunately, concerns have been And the American people don’t know. bond proposal in the next Congress. raised that some Federal agencies may I have asked GAO to investigate The legislation is needed to ensure be engaging in information-gathering which agencies are using cookies, how that Amtrak has the resources to practices that could only further deep- they are using them, and whether the maintain passenger rail service across en the public’s distrust of government. practice violates the law and Adminis- the country. We need to find out whether these con- tration policy. The amendment I have This funding will undoubtedly cerns are real, and if they are, we need sponsored will provide further informa- strengthen train service in the North- to decide what do about it. tion from the Inspectors General on east Corridor. But this financing pack- Although the Clinton Administration how agencies collect and use personal age can do much more to provide simi- established a privacy policy in June information. The language is based on lar service to communities throughout 1999 to guide the agencies, it is not a similar amendment that was offered the country. It will provide the finan- clear whether the policy did much to to the House Treasury-Postal bill by cial stability that Amtrak needs to protect privacy. In particular, the pol- Democratic Congressman JAY INSLEE. I plan adequately for the future. icy seemed to condone agencies’ use of want to thank Congressman INSLEE for With the increasing congestion and ‘‘cookies’’—small bits of software working in a bipartisan way to protect delays we’re seeing at major airports placed on web users’ hard drives to col- citizens’ personal privacy. across the country, we need other op- lect personal information. The policy Mr. President, the American people tions for transportation in the 21st cen- stated, ‘‘In the course of operating a have a right to know what information tury. web site, certain information may be is being collected about them on Fed- I look forward to the enactment of collected automatically in logs or by eral Web sites. This amendment would this important legislation early in the cookies.’’ It also stated that ‘‘some ensure that we know agencies’ data next Congress, so that passenger rail agencies may be able to collect a great collection practices so that we in Con- service will continue to be a key com- deal of information,’’ but went on to gress can make sure that privacy ponent of our transportation network. state that some agencies might make a rights of citizens are not being vio- Amtrak helps states meet clean air policy decision to limit the informa- lated. requirements by giving people a viable tion collected. Under the Paperwork Mr. HARKIN. Mr. President, we are alternative to driving and flying. It’s Reduction Act, OMB is supposed to di- finally at the finish line at the end of more energy efficient, which is particu- rect the agencies on privacy policy, but a legislative triathalon. It’s been a larly important for the New England OMB’s original privacy guidance long, difficult road, but we’ve finally region. seemed to give the agencies free rein to come up with a health and education For many business commuters and decide their own privacy policy for appropriations bill for this fiscal year. vacationers, it’s a more appealing way themselves. But OMB’s original guid- It truly was a test of endurance. Not to travel. And for many workers, it’s ance did require the agencies to post only can we take pride in having sur- their chosen profession to which privacy policies making clear whether vived the experience, but, even more they’ve devoted years of their lives, they were collecting information. importantly, we’ve produced a bipar- and their families depend on it to pay Earlier this year, it was revealed tisan agreement that is a victory for the bills. that the White House Office of Na- the health and education of our nation. As a nation, we need a firm commit- tional Drug Control Policy had con- This agreement is not only a model ment to support passenger rail service, tracted with a private company to use for giving our nation the building just as we do for highways and air- cookies to track users of the ONDCP blocks we need for a strong and secure ports. web site. ONDCP failed to warn the future. It is a model of how Democrats So again, I commend the leaders for public about this practice in its pri- and Republicans can work together the commitments made today for a fi- vacy policy. across party lines to do what is the nancing plan to strengthen passenger When the press reported ONDCP’s best interest of the American people. rail service in the United States. practices, there was a swift and sharp Believe me, it hasn’t been easy. Be- Mr. THOMPSON. Mr. President, I am public outcry. The White House’s Office fore the election, Senator STEVENS, pleased that the Senate-House con- of Management and Budget quickly Senate BYRD, Senator SPECTER, and I, ferees have adopted an amendment I shifted into damaged control mode and along with Congressmen BILL YOUNG, sponsored to inform Congress and our issued a June 22 memorandum revers- DAVE OBEY, and JOHN PORTER worked citizens about potential violations of ing its previous guidance and creating for months to craft a solid bipartisan their privacy on Federal agency Web a presumption against the use of cook- agreement. At times the negotiations sites. The public has a right to know ies on Federal web sites. However, got heated, but both sides hung in whether the Federal Government is re- more recently GAO reported to me that there, and in the end we came up with specting personal privacy. This amend- a number of agencies continued to use a good compromise.

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.113 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11869 That bipartisan agreement would I am also especially excited about like to thank Ellen Murray, Lisa Bern- have passed overwhelmingly in both the funding in this bill for the Medical hardt, Peter Reinecke, Katie Corrigan, the House and the Senate—which is Errors Reduction Act of 2000 which Sabrina Corlette, and Bev Schroeder why we were all just baffled when, less Senator SPECTER and I introduced. for their outstanding work. than 12 hours after we had signed our Medical errors are estimated to be the In passing this bill, I am hopeful that names to the bill, a tiny faction of the 5th leading cause of death in this coun- we will move beyond the partisan bick- House Republican leadership decided to try. In fact, more people die from med- ering that stalled our negotiations for kill it. ical errors each year than from motor so long. As a result, some reductions had to vehicles accidents (43,458), breast can- With this year’s elections, the Amer- be made, some of which were very dis- cer (42,297), or AIDS (16,516). Our bill ican people sent us a strong message. appointing. I hope that in the next gives grants to states to establish re- They gave us one of the closest Presi- Congress, a spirit of cooperation and porting systems designed to reduce dential elections in history along with civility will prevail and prevent these medical errors. It also calls for better an evenly divided Senate and a closely sort of last-minute, partisan maneu- research, training and public informa- divided House. vers. tion on the issue of medical errors. Clearly, they are tired of the bick- That being said, I believe that the I’m also very proud of the funding in ering and bitterness that have charac- version of our bill that we have here this bill for numerous programs that terized our politics, and they want us today is a very, very good one. It main- will give people with disabilities a real to bridge our differences and work to- tains most of our hard fought gains and choice to live in their own commu- gether for their best interests. It is provides critical investments to im- nities near their families and friends. now time for us to come together and prove health care, education, and labor Most notably, this bill includes $50 mil- heed their call. conditions for all Americans. lion for systems change grants to help Mr. ENZI. Mr. President, I rise today I want to extend my sincere thanks states reform their long-term care sys- to discuss the passage of the FY 2001 and commendation to my long-time tems and make it easier for people with Omnibus Appropriations bill. Had I partner, Senator ARLEN SPECTER and disabilities and the elderly to live at been given the opportunity to cast a his staff. We have had a great bipar- home. recorded vote on this legislation, I tisan partnership on this bill for a dec- This is just the beginning of our would have voted ‘‘no.’’ ade. Year after year, Senator SPECTER work to help states meet their so- There were a lot of things slipped in has done yeoman’s work, and it is a called Olmstead obligation to provide without prior authorization for the pleasure to work with him. This is al- services and supports to people with spending. I hope in the next Congress ways a difficult bill to maneuver and disabilities in the most integrated set- we can work with a new administration this year may have been our toughest. tings appropriate and feasible. This to clean up the process. Projects should I also want thank and commend our year is the 10th anniversary of the go through a separate authorization chairman, Senator STEVENS, and rank- Americans with Disabilities Act, and process. All Members should have the ing member Senator BYRD for their these provisions are a great way to im- same opportunity to review the great work. This bill would not be pos- plement the ADA’s ideals of independ- projects in the bill and the public sible without their outstanding and ence and justice for all. should know what is being funded. steadfast efforts. Finally, I would like to mention how There are a number of us who would Finally, I want to thank our col- pleased I am with the FAIR Act—the also like to see biennial budgeting so leagues on the House side, Congress- Medicare Fairness in Reimbursement we have a chance to really evaluate man OBEY, Congressman PORTER, and Act—that is attached to the LHHS Ap- how taxpayer money is being used. Chairman BILL YOUNG. I especially propriations Bill, I, Senator THOMAS, We didn’t even have a final funding want to commend Congressman POR- and several other Members of Congress total available to us before the vote. I TER who is retiring this year. introduced this bipartisan bill to pro- know funding for labor and health and Here are some of the reasons why I vide Medicare providers relief from the other related areas increased dramati- urge all of my colleagues to support excessive payment reductions resulting cally in this deal to nearly $13 billion this important bipartisan agreement. from the 1997 Balanced Budget Act. more than last year’s levels. These sig- Education funding: $1.6 billion to This bill will allow approximately 30 nificant funding levels are not a one- lower class sizes, up from $1.3 billion states, including Iowa, to benefit from time activity in the Congress—it has last year; $900 million to repair and fairer Medicare payments to states become an annual ritual. It’s just too modernize crumbling schools: should below the national average. much. This is money that should be result in over $5 billion in school re- This bill allots approximately $35 bil- going to pay off the national debt. We pairs, based on successful Iowa model; lion over 5 years for reimbursement must break the pattern of spending our and increase to $3,750 for the maximum improvements to hospitals, home children’s future. Pell grant—that’s a record increase in health agencies, nursing facilities, Some increases in the overall spend- the grants to make college more af- rural health providers and Medicare ing package were needed, including fordable; and $6.2 billion for Head managed care. It will help our strug- more support for education and nearly Start: that’s a $933 million increase gling rural hospitals, nursing facilities $36 billion in Medicare payments to from last year which will allow thou- and home health agencies continue to healthcare providers. Wyoming rural sands of additional children to be provide quality care to seniors in Iowa hospitals and nursing homes will ben- served. and across the nation. efit from this effort. There are some Afterschool care: $850 million for The bill will also help to improve en- very good things in this bill, but look- after school care: nearly 50 percent in- rollment rates for families and chil- ing at the whole picture, the bad out- crease. dren in Medicaid and the Children’s weighed the good. Home heating: $1.4 billion for Health Insurance Program. I am also very displeased that budget LIHEAP to help low-income Americans While I’m disappointed that our negotiators left out of the package a heat their homes this winter: a $300 original LHHS Appropriations com- previously passed amendment which million increase. promise was derailed, this bill is still a would have prevented the Occupational Health care: $20.3 billion for NIH major step forward. It provides impor- Safety and Health Administration funding: $2.5 billion increase, the larg- tant investments in the health, edu- (OSHA) from going forward with a mas- est increase ever; thousands of new re- cation and productivity of all Ameri- sive new repetitive stress injury rule. search projects on Alzheimer’s, cancer, cans. The ergonomics rule could leave in- childhood diabetes, HIV, Parkinson’s This bill would not have been pos- jured workers’ compensation systems disease, cerebral palsy, and others; $125 sible without the tireless, often heroic in ruin, close nursing homes and over- million for new program to assist fam- work of my staff. They’s worked late shadow existing safety needs. The Sen- ily caregivers struggling to keep elder- nights and long weekends, and I am in- ate and House agreed by a bipartisan ly loved ones in their homes—provide credibly grateful for their expertise vote on identical language that would respite and other needed services. and excellent advice. I would especially require OSHA to slow its furious rush.

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.052 pfrm04 PsN: S15PT2 S11870 CONGRESSIONAL RECORD — SENATE December 15, 2000 The amendment would give the agency is not healthy for our democracy or our cent of its outpatient Medicare pay- time to go back and fix the terrible people, and it’s why I cannot support ments without an exemption from the flaws with this rule that have been this omnibus bill. outpatient PPS; Liberty County Hos- brought to light. This new regulation That said, Mr. President, there is pital in Chester would have lost over 50 will affect the whole of workplaces in good news for Montana health care in percent. America. It carries serious con- this bill, provisions that I have fought I was pleased that Congress acted to sequences. I am most displeased that for all year. In particular, I want to re- prevent cuts to these outpatient facili- this rule will be finalized and I will iterate my support for year-long efforts ties last year, through passage of the work with my colleagues to overturn to restore funding to health care pro- Balanced Budget Refinement Act of it. viders negatively impacted by the Bal- 1999, BBRA, legislation restoring $16 Mr. BAUCUS. Although I am unable anced Budget Act, BBA, of 1997. billion in Medicare and Medicaid pay- to vote for or against the omnibus leg- When the BBA was passed in 1997, it ments over a five-year period. islation before the Senate today, I was heralded as landmark legislation This year’s budget bill has signifi- would like to comment on the process to extend the life of Medicare’s trust cant BBA relief as well. Although I be- that brought us here. In an effort to fund and impose some much-needed fis- lieve too much of the funding is di- improve the economy of my state and cal discipline on the program. Indeed, rected toward Medicare+Choice plans, to facilitate trade between America just eight years ago, estimates indi- there is significant help in the package and its East Asian trading partners, I cated that Medicare’s hospital trust for the well-being of Montana health have led a trade mission of Montanans fund would run dry in 1999. But a care and Medicare in general. These to East Asia for the last several days, strong economy and reductions in pay- provisions include increased reimburse- meeting with trade officials in Japan, ments to Medicare providers through ment for telemedicine; special pay- China and Korea. the BBA have extended the life of the ments for rural home care agencies and Mr. President, I am extremely con- Part A Trust Fund for probably a cou- rural disproportionate hospitals; cor- cerned about the process that has ple of decades. Unfortunately, access to rection of a mistake affecting Critical brought about this omnibus bill’s pas- quality health care may have been Access Hospitals’ outpatient lab facili- sage. It is unfortunate that the Senate compromised in the process. ties; relief for community health cen- finds itself in virtually the same posi- For example, the BBA included new ters and rural health clinics; and redis- tion as it did the last two years with prospective payment systems for Medi- tribution of unspent funding from the appropriations matters. As my col- care providers of hospital, skilled nurs- State Children’s Health Program, leagues will recall, in 1998 we voted on ing and home health care. While these SCHIP. In short, I am pleased that a giant omnibus appropriations bill payment systems are intended to intro- BBA relief is set for passage, and I which contained eight appropriations duce efficiency to Medicare and ulti- commend the Administration and my bills, plus numerous other authorizing mately increase the quality and avail- colleagues for setting aside politics to legislation. It ran on for nearly 4,000 ability of patient care, in some cases get this bill done. pages and was called a ‘‘gargantuan they may not make sense. I am con- I would also like to make a couple of monstrosity’’ by the distinguished Sen- cerned that PPSs may be ill-applied in comments about the tax legislation in ator from West Virginia, Senator the case of small, rural facilities, this omnibus bill. In this area too, I ob- BYRD. which do not have the patient volume ject not so much to what is in this bill Unfortunately, we did not learn our to survive under a system of flat-rate as I do to what is not. The tax title of lesson in 1998. Last year Congress payments. the bill includes a number of provisions wrapped Medicare provider payments Consider home health care, for exam- to encourage economic development in into appropriations for Commerce- ple. As costs for this important benefit distressed communities, the so-called State-Justice, Foreign Operations Ap- spiraled out of control, and as reports Community Renewal and New Markets propriations, Interior and Labor-HHS, circulated of fly-by-night home care provisions. I support these provisions again passing it in omnibus fashion agencies defrauding the government because I believe they can help spur without time for senators to read and harming patients, Congress passed economic development in many areas through the bill and raise concerns a home health prospective payment in the country, including in my own about its contents. system as part of the BBA. Payments home State of Montana. I also support I voted against the 1998 and 1999 om- were reduced drastically. While these the language that allows Indian tribes nibus bills, not because they did not cuts were justified in regions of the US to be treated like state and local gov- contain good provisions for the country with too many home care providers, ernments in their payment of Federal and my State of Montana. They did. I they also took effect where there was unemployment taxes. opposed these bills because I believed— not a redundancy of agencies. Now However, in this closed process of ne- as I do now—that writing such legisla- there are some Montana counties lack- gotiation by the few, several good ideas tion behind closed doors among a small ing home care providers altogether. that were in the Senate version of the group of people dangerously disenfran- Montana has lost seven home health Community Renewal bill somehow chises most senators, House members, agencies, and there are currently three never made it into this conference re- and the American people. counties in my state with no home care port. There is not one single dollar in And here we are again, passing provider at all. Together these three this bill to help Americans save for Labor-HHS along with Treasury-Postal counties—Rosebud, Treasure and Big their retirement, which is a high pri- and Legislative Appropriations—all in Horn—have an area over 23,000 square ority of mine because I believe our one bill, with the input of very few miles, an area nearly the size of West country needs to begin preparing for members of Congress. Despite state- Virginia. the wave of baby boom retirements. ments in 1998 and 1999 that such a proc- I believe BBA changes have gone too The Senate bill included a wide-rang- ess would not happen again, we find far in the area of hospital care as well. ing farm package that is very impor- ourselves in the same position as the Last year I pushed legislation to spare tant for rural areas that you won’t see last two years. Mr. President, we al- small rural hospitals drastic cuts in in this bill. It also included environ- ready face a population that is increas- Medicare reimbursement to their out- mental and energy incentives that ingly cynical of government and those patient departments by exempting were designed to help us plan for the who serve it, and the wrangling over them from the negative impacts of the future. The loss of these provisions will the presidential election that just outpatient prospective payment sys- become much more noticeable as our ended has not helped matters. People tem. Based on estimates from the land and energy needs keep growing. believe more and more that govern- Health Care Financing Administration, The bottom line is that there is a ment does not look after their inter- the effects of the outpatient PPS would reason that tax items should not be in- ests, but only after special interests. have been devastating on small Mon- cluded in an appropriations omnibus And the more we operate behind closed tana hospitals. Madison Valley Hos- bill at the last minute, particularly doors, without an open, public process, pital in Ennis, Montana, for example, when the tax-writing committees are the more we feed that cynicism. That would have lost an estimated 62 per- left out of the process of writing the

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.054 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11871 bill. That is exactly what has happened the antiquated and arbitrary classifica- currently only funded through 2002. again this year, and I again voice my tion requirements that prevent other- The Medicare, Medicaid and S–CHIP objections to the process. wise-qualified hospitals from receiving Benefits Improvement and Protection Ms. COLLINS. I rise in support of the assistance under this program. Act would extend funding for these two Medicare, Medicaid and SCHIP Bene- Despite the fact that most of the programs for one year and increase fits Improvement and Protection Act small rural hospitals in Maine treat a their funding levels from $30 million a which we are considering as part of disproportionate share of Medicare year to $100 million a year. this omnibus package and which pro- beneficiaries, none of them currently As the founder and Co-Chair of the vides over $30 billion in much needed qualifies for this program. Not a single Senate Diabetes Caucus, I have learned financial relief to our nation’s belea- one. If updated in the way that this bill a great deal about this serious disease guered hospitals, home health agen- proposes, as many as nine Maine hos- and the difficulties and heartbreak cies, hospices and other Medicare pro- pitals will be eligible for the program, that it causes for so many Americans viders over the next five years. which will qualify them to receive over and their families as they await a cure. In 1997, Congress and the White $9 million in additional Medicare dol- We were all encouraged by the news House faced a large and seemingly in- lars each year. earlier this year that twelve individ- tractable federal budget deficit and The bill also includes legislation in- uals from Canada appear to have been projection that the Medicare Trust troduced by the senior Senator from cured of their diabetes through an ex- Fund would be bankrupt by 2002 unless Maine, Senator SNOWE, to correct a perimental treatment involving the Congress acted. The rapid growth in drafting error that precluded some of transplantation of islet cells, and I be- Medicare spending and pending insol- Maine’s sole community hospitals from lieve that it is becoming increasingly vency of the trust fund understandably benefiting from the rebasing provisions clear that diabetes is a disease that can prompted the Congress and the Admin- in the Balancing Budget Refinement be cured, and will be cured in the near istration, as part of the Balanced Budg- Act. This provision will bring an addi- future, if sufficient funding is made et Act of 1997, to initiate changes that tional $2.8 million in Medicare reim- available. were intended to allow the spending bursements to Maine’s hospitals each Last year, the Senate Permanent growth and make Medicare more cost- year. Subcommittee on Investigations, effective and efficient. In addition, the legislation corrects which I chair, held an oversight hear- These measures, however, have inad- the current inequity in the Medicare ing to determine if the funding levels vertently produced cuts in Medicare Disproportionate Share Hospital pro- for diabetes research at the National spending far beyond what Congress in- gram that discriminates against rural Institutes of Health (NIH) are suffi- tended. In 1997, the Congressional hospitals that care for proportionately cient. At the hearing, the Committee Budget Office estimated that the BBA greater numbers of low-income pa- heard testimony from the Diabetes Re- would cut Medicare spending by $116 tients. By treating rural hospitals the search Working Group (DRWG), an ex- billion from 1998 to 2002. It now appears same as urban hospitals, as this bill pert panel that studied the status of di- that the five-year impact of the BBA would do, we will increase Medicare abetes research at the NIH and across for hospitals, home health agencies and disproportionate share payments to at the country. The study revealed that other Medicare providers is closer to least 18 of Maine’s hospitals by more diabetes research has been seriously $227 billion—almost twice the original than $8 million a year. underfunded. According to the DRWG, estimates. And finally, the legislation will pro- diabetes research represents only about These deeper than expected cuts in vide increased Medicare payments to 3 percent of the NIH research budget, Medicare spending, coupled with oner- all Maine hospitals by providing them which is clearly too small an invest- ous regulatory requirements imposed with a full 3.4 percent inflation in- ment for a disease that affects 16 mil- by the Clinton Administration, are in- crease in FY 2001, up from the 2.3 per- lion Americans and accounts for more hibiting the ability of hospitals, home cent they would receive under current than 10 percent of all health care dol- health agencies, and other providers to law. lars and nearly a quarter of all Medi- deliver much-needed care, particularly Increasing Medicare payments rates care expenditures. Moreover, the to chronically-ill patients with com- is critically important to the hospitals DRWG report found that ‘‘many sci- plex care needs. While the Balanced in Maine. For the past several years, entific opportunities are not being pur- Budget Refinement Act of 1999 did pro- Maine has ranked 49th or 50th in the sued due to insufficient funding,’’ and vide some relief, I believe that it is im- nation in terms of Medicare reimburse- that the current ‘‘funding level is far perative that we do more. As we ap- ment-to-cost ratios. While hospitals in short of what is required to make proach the end of the 106th Congress, some states receive more than it costs progress on this complex and difficult we should have no higher priority. them to provide care to older and dis- problem.’’ According to the DRWG, the I am particularly pleased that the abled patients, Maine’s hospitals are funding levels for diabetes at the NIH package we are considering today pro- only reimbursed about 80 cents for are roughly $300 million short of what vides overdue relief for our nation’s every $1.00 they actually spend caring is necessary to ensure that the prom- rural hospitals. Small, rural hospitals for Medicare beneficiaries. ising scientific opportunities in diabe- in Maine and elsehwere face unique As a consequence, Maine’s hospitals tes research are realized. challenges in the delivery of health have experienced a serious Medicare The legislation we are considering care services. Shortages of physicians, shortfall in recent years. The Maine today will help to close that gap and nurses and other health professionals Hospital Association anticipates a $174 will make an enormous difference to make it difficult to ensure that rural million Medicare shortfall in 2002, the millions of Americans whose lives residents have access to all of the care which will force Maine’s hospitals to are affected every day by diabetes. By that they need. Moreover, Medicare re- shift costs on to other payers in the extending and increasing the funding imbursement policies tend to favor form of higher hospital charges. This for these two important research pro- urban areas and often fail to take the Medicare shortfall is one of the reasons grams, we are providing the additional special needs of rural providers into ac- that Maine has among the highest in- resources necessary to take advantage count. surance premiums in the nation. These of the unprecedented opportunities for One relatively simple, but neverthe- provisions will not solve all of Maine’s medical advances that should lead to less important step we can take is to Medicare shortfall problems, but they better treatments, a means of preven- enable more small, rural hospitals in will help to close the gap. tion, and eventually a cure for this Maine and elsewhere to qualify for en- I am also pleased that this bill ex- devastating disease. hanced Medicare payments under the tends and increases funding for two di- Finally, I am pleased that the bill we Medicare Dependent, Small Rural Hos- abetes research programs created by are considering today does provide a pital Program. I am therefore pleased the Balanced Budget Act of 1997, one small measure of relief to our nation’s that this bill includes legislation that I focused on juvenile diabetes and the struggling home health agencies, and introduced, the Small Rural Hospital other focused on diabetes in Native in particular to those agencies that Program Improvement Act, to update Americans. These two programs are serve patients in rural areas. I am,

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.114 pfrm04 PsN: S15PT2 S11872 CONGRESSIONAL RECORD — SENATE December 15, 2000 however, disappointed that it does not actions covered by the Act, the parties This legislation makes other changes do more. I will therefore continue to to a merger or acquisition may not designed to enhance the efficiency of push not just for a delay—as this meas- close their transaction until the expi- the pre-merger review process. The ure proposes—but for a full repeal of ration of a waiting period after making waiting period has been extended from the automatic 15 percent reduction in their Hart-Scott-Rodino Act filing. It twenty to thirty days after the parties’ home health payments that is cur- also authorizes the government to sub- compliance with the government’s re- rently scheduled to go into effect on poena additional information from quest for additional information, a October 1, 2001. merging parties so that the govern- more realistic waiting period in this The Medicare home health benefit ment has sufficient information to era of increasingly complex mergers has already been cut far more deeply complete its merger analysis. generating enormous amounts of rel- and abruptly than any other benefit in While this statute has a very laud- evant information and documents. the history of the Medicare program. able purpose, especially with the tre- And, as in the Federal Rules of Civil An additional 15 percent cut in Medi- mendous numbers of mergers and ac- Procedure, when a deadline for govern- care home health payments would ring quisitions taking place in recent years, mental action occurs on a weekend or the death knell for those low-cost some of its provisions are in need of re- holiday, the deadline is extended to the agencies that are struggling to hang on vision. Most importantly, while infla- next business day. This simple provi- and would further reduce our senior’s tion has caused the value of a dollar to sion will eliminate gamesmanship by access to critical home health services. drop by more than a half in the past 25 parties who currently may time their Moreover, the savings goals set for years, the monetary test that subjects compliance so that the waiting period home health in the Balanced Budget a transaction to the provisions of the ends on a weekend or holiday, effec- Act of 1997 have not only been met, but statute has not been revised since the tively shortening the waiting period to far surpassed. The CBO projects that law’s enactment in 1976. As a result, the previous business day. the post-BBA reductions in home many transactions that are of a rel- Finally, in recent years may have ex- health will be about $69 billion between atively small size and pose little anti- pressed concerns regarding the difficul- fiscal years 1998 and 2002. This is over trust concerns are nevertheless swept ties and expense imposed on business in into the ambit of the Hart-Scott-Ro- four times the $16 billion that Congress complying with allegedly overly bur- dino review process. This legislation expected to save when it passed the densome or duplicative government re- updates this statute to better fit into 1997 law. Further cuts clearly are not quest for additional information. So today’s economy by raising the min- necessary and the 15 percent cut should our legislation also contains carefully imum size of transaction covered by crafted provisions to ensure that busi- be repealed. To simply delay the cut the Hart-Scott-Rodino Act from $15 ness is not faced with unduly burden- for an additional year is to leave this million to $50 million. This will both some or overbroad requests for infor- ‘‘sword of Damocles’’ hanging over the lessen the agencies’ burden of review- mation, while assuring that the anti- head of our nation’s home health agen- ing small transactions unlikely to seri- trust agencies’ ability to obtain the in- cies. ously affect competition and enable formation necessary to carry out a I have also been disappointed that the agencies to allocate their resources the process under which we are consid- to properly focus on those transactions merger investigation is not hampered. ering this critical piece of legislation most worthy of scrutiny. Specifically, our legislation mandates has not allowed for any amendments. Further, exempting small trans- that the FTC and Antitrust Division The Home Health Payment Fairness actions from the Hart-Scott-Rodino designate a senior official who does not Act, which I introduced with my col- process will significantly lessen regu- have direct authority for the review of league from Missouri, Senator BOND, to latory burdens and expenses imposed any enforcement recommendation to repeal the 15 percent cut currently has on small businesses. The parties to be designated to hear appeals to the ap- 55 Senate cosponsors. If I had been al- these smaller transactions will no propriateness of the government’s in- lowed to offer my bill as an amend- longer need to pay the $45,000 filing formation request (the so called ‘‘Sec- ment, as I had planned, it almost cer- fee—or face the often even more oner- ond Requests’’). The bill also sets forth tainly would have passed. ous legal fees and other expenses typi- the specific standards that this senior Thank you, Mr. President, and I urge cally incurred in preparing a Hart- official is to utilize when considering my colleagues to join me in voting for Scott-Rodino filing—for mergers and such an appeal and mandates that this important legislation. acquisitions that usually don’t pose these appeals be heard in an expedited Mr. KOHL. Mr. President, I rise any competitive concerns. manner. today in support of the Hart-Scott-Ro- In exempting this class of trans- In sum, I believe this legislation to dino Act reform included in the Com- actions from Hart-Scott-Rodino re- be a reasonable and well balanced re- merce-Justice-State appropriations view, however, it is important that we form of our government’s vital merger bill. Our provision updates the law, not cause the antitrust agencies to lose review procedures. It will make long which hadn’t been adjusted for infla- the funding they need to carry out overdue adjustments in the filing tion since it was enacted in 1976, and their increasingly demanding mission thresholds—ensuring review of those makes several improvements to the of enforcing the nation’s antitrust mergers in most need of governmental merger review process undertaken by laws. This bill will reduce the number scrutiny while reducing the burden and the Antitrust Division of the Depart- of Hart-Scott-Rodino filings and there- expense on government and private ment of Justice and the Federal Trade fore reduce the revenues generated by parties by exempting smaller trans- Commission. It is a bipartisan meas- these filings if the filing fees were kept actions from often expensive and time ure, authored by Senators HATCH, at their present level. Of course, in a consuming pre-merger filings. It will LEAHY, DEWINE, and myself and Rep- perfect world, we wouldn’t finance the also significantly reform the merger resentatives HYDE and CONYERS, and it Antitrust Division and the FTC on the review process to ensure that the gov- deserves our support. backs of these filing fees. But because ernment has sufficient time to analyze The Hart-Scott-Rodino Act is crucial they are a fact of life, the antitrust increasing complex merger trans- to the enforcement of competition pol- agencies should not be penalized by actions, while also adding protections icy in today’s economy—it ensures these reforms by suffering such a re- so that private parties do not face un- that the antitrust agencies have suffi- duction in revenues. As a result, in duly burdensome or duplicative infor- cient time to review mergers and ac- order to assure that this reform is rev- mation request. I urge swift passage of quisitions prior to their completion. enue neutral, we have worked with the this measure. The statute requires that, prior to con- Appropriations Committee to ensure Ms. SNOWE. Mr. President, I rise summating a merger or acquisition of a that this bill raises the filing fees for today to express my concerns about certain minimum size, the companies the largest transactions. Consequently, the lack of commitment for forward involved must formally notify the anti- filing fees are to be increased for trans- funding for the Low Income Heating trust agencies and must provide cer- actions valued at over $100,000,000, Energy Assistance Program for fiscal tain information regarding the pro- which makes sense because these year 2002. Mr. President, as you know, posed transaction. For those trans- transactions require more scrutiny. LIHEAP is a block grant program to

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.057 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11873 the states to assist needy households come elderly, worry about where the veyance ensures that this historic with energy assistance. Since FY1999, money will come from to pay their treasure will be preserved and pro- the program has been funded at $1.1 bil- heating bills to keep warm. This is a tected for generations to come. This lion, plus $300 million for weather very unhealthy situation. was included at the request of my con- emergencies. I am pleased to note that, I have spent this entire year appeal- stituents in the area. The Coast Guard through our efforts, the Labor-HHS ing for more LIHEAP funding to pro- has always been a good friend and Conference Report provides $1.4 billion tect the most vulnerable members of neighbor in Massachusetts. I am for FY2001, with a contingency fund of our society so they will have energy as- pleased that this historic landmark $300 million for emergencies. To my sistance when they need it most. I will will transferred to Newburyport so great dismay, however, the $1.4 million continue to do so in the next Congress that it can be preserved and protected provided to help the States budget for in the hopes that we will all step up to for the citizens and visitors of the City next winter—the winter of 2001–2002— the plate and not only increase the to enjoy for years to come. was cut from the final package. overall LIHEAP funding but to forward Mr. President, the town of Nantucket We need to face the fact that our na- fund the program so the states an be needs a small amount of property from tion is budgeting by emergency when it fiscally responsible and accommodate the Coast Guard Loran Station to build comes to making sure that our low-in- as many people as possible with this a sewage treatment plant. The Coast come citizens, particularly the elderly, vital benefit. Guard has been working with local gov- can keep warm in the winter. This past The ongoing problem continues to be ernment officials on the Island to find year, there were four different releases one of supply and demand as natural a solution to this problem. Initially the of the FY2000 emergency funds, most of gas and heating oil inventories remain Coast Guard considered leasing this which were released by mid-February, historically low, and the increased property to Nantucket, however the 2000. Currently, there is only costs caused by this imbalance will not Coast Guard later determined that a $155,650,000 remaining in the FY2000 right itself in time for the cold winter conveyance was the better solution. I emergency funds and I am aware that weather when demand will rise sharply. applaud the Coast Guard for working the White House is coming to a deci- This situation prices the low-income with Nantucket to develop this work- sion soon as to how to dispense these households right out of the market and able solution. much-needed funds. I have joined many they find themselves making ‘‘Sol- Mr. THOMPSON. Mr. President, I am of my colleagues at different times omon choices’’ for heating or eating, or pleased that today the Senate passed over the past year urging these re- by cutting down on necessary and cost- regulatory accounting legislation in leases along with the currently needed ly prescription drugs. the Treasury-Postal title of the Omni- It is logical that when costs are dou- release. bus Appropriations Act, section 624, I have also urged an increase in the bled, those served by the LIHEAP pro- also known as the Regulatory Right- gram are decreased by the same regular funding for the States pro- to-Know Act. I want to thank Chair- amount. And, we should keep in mind grams, along with forward funding for man TED STEVENS and Senator JOHN that only around 13 percent of house- the next fiscal year so that the States BREAUX for helping me pass this impor- holds that are eligible for the LIHEAP can appropriately budget for each suc- tant legislation. We have worked to- program actually even receive Federal cessive year so as to extend the bene- gether over the last several years to assistance. Colder weather, higher fits to as many eligible people in need further some basic important goals: to costs and tighter budgets could have as possible. promote the public’s right to know Currently, Mr. President, Maine’s the effect of raising this percentage up- about the costs and benefits of regu- ward. LIHEAP program has borrowed from latory programs; to increase the ac- Because Maine received over $5.3 mil- the State’s ‘‘rainy day fund’’ in the countability of government to the peo- lion in emergency LIHEAP funds this hopes that the State would ultimately past winter, my State was able to in- ple it serves; and ultimately, to im- get paid back. Today is December 15— crease the income limits to serve more prove the quality of our regulatory two and a half months into the fiscal eligible residents with their high en- programs. This legislation will help us year—and they are still waiting. Be- ergy costs. Maine was able to increase assess what regulatory programs cost, cause the Legislature had the foresight the income guidelines to 170 percent of what benefits we are getting in return, to lend out this money, the Commu- the Federal Poverty Guidelines and as- and what we need to do to improve nity Action Agencies were able to get sist over 50,400 households with a fuel agency performance. By any measure, the burdens of Fed- funding to LIHEAP beneficiaries last assistance benefit averaging $488, al- July so they could buy home heating most twice last year’s $261. eral regulation are enormous. By some oil when it was cheaper. Mr. President, I look forward to estimates, Federal rules and paperwork Like last winter, Maine’s LIHEAP working with you on increased long- cost about $700 billion per year, or program is currently receiving an ex- range funding that will allow the Com- $7,000 for the average American house- traordinary amount of applications for munity Action Agencies in Maine and hold. I hear concerns about unneces- help. Anticipating a colder winter and other States’ LIHEAP programs to sary regulatory burdens and red tape higher prices this winter, the State has plan and budget in advance, so that as from people all across the country and budgeted to accommodate more appli- many energy needs are addressed as from all walks of life—small business cations—they have already processed possible. I hope my colleagues will join owners, governors, state legislators, over 26,000—but to do this, they have me next year in efforts for increasing local officials, farmers, corporate lead- had to reduce the benefit from $488 last funds so that our States can budget for ers, government reformers, school offi- year down to $350 currently. They are a safety net that can be extended to as cials, and parents. hearing that, because of the high many low-income citizens as possible— There is strong public support for prices—as high as $1.63 per gallon—the and to make sure they do not find sensible regulations that can help en- $350 does not allow LIHEAP recipients themselves literally out in the cold. sure cleaner water, quality products, to fill their oil tank even once as we Mr. KERRY. Mr. President, I rise safer workplaces, reliable economic move into the colder New England win- today in support of provisions in the markets, and the like. But there is sub- ter months ahead. Consolidated Appropriations bill for stantial evidence that the current reg- We have a critical problem facing the fiscal year 2001 that would transfer a ulatory system is missing important country in the upcoming winter Coast Guard lighthouse on Plum Island opportunities to achieve these goals in months, Mr. President. It is said that to the city of Newburyport, Massachu- a more cost-effective manner. The misery loves company, and it is my setts and land on Nantucket Island depth of this problem is not appre- sense that, given the skyrocketing nat- from the Coast Guard Loran station to ciated fully because the costs of regu- ural gas prices being experienced by all the town of Nantucket, Massachusetts. lation are not as apparent as other parts of the country, the Northeast I wish to thank the conferees for in- costs of government, such as taxes, and will have lots of company this winter cluding these provisions in this bill. the benefits of regulation often are dif- as more and more constituents with Mr. President, the Plum Island light- fuse. The bottom line is that the Amer- low incomes, particularly the fixed-in- house is a national treasure. This con- ican people deserve better results from

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.123 pfrm04 PsN: S15PT2 S11874 CONGRESSIONAL RECORD — SENATE December 15, 2000 the vast resources and time spent on independent peer review should contin- tuary enforcement. It is my under- regulation. We’ve got to be smarter. ually improve future regulatory ac- standing that NOAA will be offering We often debate the costs and bene- counting reports. the same working and living spaces to fits of on-budget programs, but we are The government has an obligation to the MEP that have been provided in just breaking ground on creating a sys- think carefully and be accountable for the past by the U.S. Coast Guard. In tem to scrutinize Federal regulation. requirements that impose costs on peo- addition the MEP will have the same This legislation will provide better in- ple and limit their freedom. We should berthing and dock space for their ves- formation to help us answer some im- pull together to contribute to the suc- sels. Furthermore it is my under- portant questions: How much do regu- cess of responsible government pro- standing that this agreement between latory programs cost each year? Are we grams that the public values, while en- the two agencies will mirror the cur- spending the right amount, particu- hancing the economic security and rent U.S. Coast Guard agreement with larly compared to on-budget spending well-being of our families and commu- the MEP with respect to terms and and private initiatives? Are we setting nities. conditions. sensible priorities among different reg- Mr. President, I ask unanimous con- The Stellwagen Bank Sanctuary is ulatory programs? As the Office of sent that a copy of the Regulatory located at the mouth of Massachusetts Management and Budget stated in its Right-to-Know Act be printed in the Bay. It was first described in the diary first ‘‘Report to Congress on the Costs RECORD. of Captain Henry Stellwagen, a hydrog- and Benefits of Federal Regulations’’: There being no objection, the mate- rapher for the U.S. Navy, as ‘‘an impor- [R]egulations (like other instruments of rial was ordered to be printed in the tant discovery in the location of a fif- teen fathom bank lying in a line be- government policy) have enormous potential RECORD, as follows: for both good and harm....The only way we tween Cape Cod and Cape Ann.’’ The SEC. 624. (a) IN GENERAL.—For calendar know how to distinguish between the regula- year 2002 and each year thereafter, the Direc- wealth of sea life that moved below the tions that do good and those that cause harm tor of the Office of Management and Budget surface of Captain Stellwagen’s vessel is through careful assessment and evaluation shall prepare and submit to Congress, with has drawn commercial fishing fleets for of their benefits and costs. Such analysis can centuries. The continued use for mari- also often be used to redesign harmful regu- the budget submitted under section 1105 of lations so they produce more good than title 31, United States Code, an accounting time commerce, whether shipping, fish- harm and redesign good regulations so they statement and associated report con- ing or whale watching excursions, pre- produce even more net benefits. taining— sents a major challenge in the enforce- (1) an estimate of the total annual costs This legislation continues the efforts ment of sanctuary rules. and benefits (including quantifiable and non- Today the sanctuary draws as many of my precedessors. Senator BILL ROTH quantifiable effects) of Federal rules and pa- proposed a regulatory accounting pro- perwork, to the extent feasible— as one million visitors a year, many of vision in a broader reform measure (A) in the aggregate; them whale watchers, intent on experi- that he worked on when he chaired the (B) by agency and agency program; and encing a close encounter with a Governmental Affairs Committee in (C) by major rule; whale—particularly the gregarious and (2) an analysis of impacts of Federal regu- 1995. In 1996, when TED STEVENS be- acrobatic humpback. While its num- lation on State, local, and tribal govern- bers at Stellwagen Bank are relatively came our chairman, he passed a one- ment, small business, wages, and economic time regulatory accounting amend- strong, the species is nevertheless list- growth; and ed as endangered based on its world- ment on the Omnibus Appropriations (3) recommendations for reform. wide numbers. The Endangered Species Act. After I became the chairman of (b) NOTICE.—The Director of the Office of Governmental Affairs, I supported Sen- Management and Budget shall provide public Act and the Marine Mammal Protec- tion Act have been enacted to help pro- ator STEVENS’ amendment when it notice and an opportunity to comment on tect this and other species; but the passed again in 1997. In 1998, I spon- the statement and report under subsection (a) before the statement and report are sub- oceans are large and enforcement is sored an amendment to strengthen the mitted to Congress. difficult. I applaud the cooperation Stevens provision with the support of (c) GUIDELINES.—To implement this sec- shown by NOAA and the MEP to ad- Senators LOTT, BREAUX, SHELBY, and tion, the Director of the Office of Manage- dress this critical issue in the sanc- ROBB, as well as a bipartisan coalition ment and Budget shall issue guidelines to tuary. This conveyance of property in the House. This year, I worked with agencies to standardize— form the Coast Guard to NOAA will so- Senators STEVENS and BREAUX to make (1) measures of costs and benefits; and lidify this relationship between the this legislation permanent. (2) the format of accounting statements. EER EVIEW MEP and NOAA and will at the same This legislation continues the re- (d) P R .—The Director of the Of- fice of Management and Budget shall provide time provide office space and research quirement that OMB shall report to for independent and external peer review of facilities for teams of scientists to Congress on the costs and benefits of the guidelines and each accounting state- study one of the true treasures of New regulatory programs, which began with ment and associated report under this sec- England, the Stellwagen Bank Na- the Stevens amendment. This legisla- tion. Such peer review shall not be subject to tional Marine Sanctuary. tion also adds to previous initiatives in the Federal Advisory Committee Act (5 U.S.C. App.). Mr. CRAPO. Mr. President, in the several respects. First, it will finally final days of the 106th Congress, I make regulatory accounting a perma- Mr. KERRY. Mr. President, I rise wanted to take this opportunity to nent statutory requirement. Regu- today in support of a provision in the speak about the issue of debt relief and latory accounting will become a reg- Consolidated Appropriations bill for reform of the International Monetary ular exercise to help ensure that regu- fiscal year 2001 that would transfer Fund (IMF) and the World Bank. latory programs are cost-effective, sen- Coast Guard Station Scituate to the A great deal of attention has been sible, and fair. The costs and benefits National Oceanic and Atmospheric Ad- paid recently to a complicated issue of regulation can become a regular part ministration, NOAA. NOAA will use that has faced Congress—the inter- of the annual debate between the Con- the facility to serve as the head- national lending practices of the World gress and the executive branch on the quarters for the Gerry E. Studds Bank group and the IMF. The com- Federal budget. Second, this legisla- Stellwagen Bank National Marine plexity increases when you factor in tion will require OMB to provide a Sanctuary. Since the mid-90s the Coast calls for the United States to con- more complete picture of the regu- Guard has shared the facility with both tribute to efforts to write off debt owed latory system, including the incre- NOAA and the Massachusetts Environ- by the world’s heavily indebted poor mental costs and benefits of particular mental Police, MEP. Once the Coast countries (HIPCs). programs and regulations, as well as an Guard has relocated to a new facility As vice chairman of the Senate analysis of regulatory impacts on NOAA and the MEP will jointly use the Banking Subcommittee on Inter- State, local, and tribal government, facility to both manage and study the national Trade and Finance, I have small business, wages, and economic marine sanctuary and to perform coop- conducted a series of oversight hear- growth. Finally, this legislation will erative enforcement on the water. I am ings on the functioning of the IMF and help ensure that OMB will provide bet- happy to report that NOAA is teaming World Bank. These hearings have only ter information as time goes on. Re- with the MEP to share resources and strengthened my belief that the evi- quirements for OMB guidelines and facilities to improve fisheries and sanc- dence is clear—we should not grant

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.059 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11875 debt relief without demanding that the about this issue recently on the Senate recognize the duty of Congress to set international lending institutions such floor. I know he talked about the Ugan- good public policy and represent the in- as the World Bank and IMF change da situation at some length. And keep terests of hard-working Americans. their current practices. in mind that Uganda has been used as Chairman GRAMM and I, along with I supported Senate passage of the fis- the ‘‘poster child’’ of success. It has others, only asked that we adopt a pro- cal year 2001 foreign operations appro- qualified for debt relief under the origi- posal that recognizes all of these goals. priations conference report with much nal and enhanced HIPC initiatives. This was achievable if everyone had reservation. Let me echo the chairman. In May, I been willing to work together. The bill collectively provides about wrote Treasury Secretary Lawrence Unfortunately, the Treasury Depart- $435 million toward debt forgiveness for Summers about the Ugandan Govern- ment refused to engage in meaningful the HIPCs. Of this money, $210 million ment’s multi-million dollar expendi- dialog and compromise with Congress comes disguised as ‘‘emergency’’ spend- ture on a presidential Gulfstream jet. on this issue. ing. As I noted in my letter, Idahoans and What is even more amazing is that Regrettably, this all goes without others throughout this country sym- the Treasury Department fought for any link between relief and reform. pathize with the plight facing impover- this spending when estimates suggest The legislation calls for a couple of re- ished Ugandans whose annual per cap- that the maximum amount that would ports to Congress and a few policy sug- ita income is roughly $330. People be necessary for the U.S. to fund its ob- gestions that the U.S. ought to urge throughout the world deserve the ligations to the HIPC Trust for this these institutions to adopt, but it has chance to succeed and thrive. What year and next is less than $100 million. no teeth to force change. The lending troubled me was the Ugandan Govern- We should not be granting relief without reform. institutions pay no consequences for ment’s failure to place a high priority I assure you that follow-up will be failing to mend their ways . . . this on reducing poverty and choosing to done during the next Congress to illus- means the consequences of inaction expend millions on a luxury aircraft, trate the continued need for Congress will be borne by, among others, Amer- then essentially asking for and receiv- and the next administration to alter ican taxpayers and people in need. ing millions in debt relief. current U.S. policies and practices. Essentially, the IMF, World Bank, This situation has deeply troubled I completely agree with an editorial and other international lending insti- me. I was even more troubled by Sec- in the October 12 Wall Street Journal tutions are supposed to improve econo- retary Summers’ reply. Secretary which stated that ‘‘Any debt write-off mies of impoverished countries and the Summers basically said the purchase of that doesn’t include radical reform of health and well-being of people the plane was not out of the ordinary the international financial institutions throughout the world. and he was satisfied that Uganda didn’t . . . will renew the cycle of non-per- In the U.S., we are a compassionate take money from poverty relief pro- formance.’’ people; we share our bounty with many grams to pay for it. As he stated, ‘‘The Mrs. MURRAY. Mr. President, I want other countries. But many question the Ugandan authorities have committed the RECORD to reflect my strong sup- effectiveness of how the World Bank to offset the cost of the aircraft port for the final appropriations meas- and the IMF perform their missions. against defense and other non-priority, ure that we are completing today. The World Bank and IMF lend money non-wage expenditures.’’ But to me, Since the first day I walked into this to certain countries to use for various money is money; if Uganda can find distinguished Chamber, I have been purposes—improving infrastructure money in its budget to pay for an ex- fighting to bring the priorities of our needs, feeding and immunizing chil- travagant jet, it should be able to find budget closer to the priorities of Amer- dren, and stabilizing the economy, to money to help its own people in pov- ica’s families. As I talk to parents and name a few. But these noble goals have erty. I imagine $37 million would go a students in my State about what would been stymied by corruption, greed, and long way toward helping people in a improve their lives, over and over, I poor management. What has developed country where the average per capita hear that a quality education for our is sadly lacking in results and in much income is less than $350 a year. students is a top priority for families need of reform. As I have repeatedly noted, when the across this country. Some advocates of debt relief have U.S. Federal Government helped bail Today is a victory for families. The tried to delink the issue of debt relief out Chrysler, former chairman Lee Ia- Labor-HHS-Education appropriations from the issue of reform. I agree with cocca was required to sell the company bill shows this Congress is listening to recent remarks that these lending in- jets. people across this country. It provides stitutions are at the ‘‘root’’ of the debt And there is another problem— a $6.5 billion increase in education problem. And if we are to weed out the ‘‘moral hazard.’’ In simple terms, peo- spending. This is a 17 percent increase. problem, we must pull it up by its ple must be made to bear the con- It makes an investment in the things roots. We all know that, if you don’t sequences of their decisions. If not, that matter—reducing class size, im- pull up weeds by their roots, they they have less incentive to act pru- proving teacher quality, and repairing merely sprout up again. This serves no- dently. If a country knows the IMF and constructing schools. This bill body’s interest—least of all the people will come in and bail them out after gives the Congress a benchmark to currently suffering. making bad decisions, there is little in- work with the new President who has We need transparency, account- centive for the country to change its made education a personal priority. ability, and effectiveness. We need to decisionmaking process. Or, if the I have come to the Senate floor nu- know where the money is being spent, country knows it will receive IMF merous times over the years to ask for who is spending it, and how it is bene- funding, perhaps it uses other monies an investment in reducing class size. fiting that country and achieving the to prop up companies that should be al- This is something that matters to par- goals of the World Bank and the IMF. lowed to fail. The moral hazard prob- ents, teachers and students across this A General Accounting Office (GAO) lem pervades this system. We might all country. After a year long battle report on the World Bank concluded like someone to step in and alleviate against efforts to eliminate class size ‘‘[management] controls are not yet the negative impact of bad decisions reduction funds, this bill provides $1.62 strong enough to provide reasonable we make, but this would not encourage billion final appropriations bill for the assurance that project funds are spent us to act wisely. Furthermore, some- purpose of reducing class size. according to the Bank’s guidelines.’’ one else bears those consequences. In By making this investment, we are Simply put, the World Bank can’t the case of troubled countries and the sending an important message to every tell us with any reasonable level of cer- international lending institutions, it is community in this Nation. Class size tainty that funds are being spent effi- contributors such as U.S. taxpayers reduction is important because it ciently and as they are intended to be who bear the burden. And, honestly, makes a tangible difference in real- spent. Other reports have questioned the citizens of the country in question world public schools. the IMF’s practices. whose situation fails to improve. I’ve talked to teachers in my State Senate Banking Committee Chair- So, while we are and should continue about class size reduction. These teach- man PHIL GRAMM spoke eloquently to be a compassionate nation, I also ers told me the benefits of smaller

VerDate 15-DEC-2000 03:16 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.060 pfrm04 PsN: S15PT2 S11876 CONGRESSIONAL RECORD — SENATE December 15, 2000 class size. They say that when class While I am extremely disappointed would have voted no had there been a sizes are smaller, they see better stu- that this Congress failed to finish con- recorded vote. dent achievement, fewer discipline sideration of the Elementary and Sec- Mr. L. CHAFEE. Mr. President, today problems, more individual attention, ondary Education Act, I am glad we we consider legislation that addresses better parent-teacher communication, were able to make a commitment to crucial areas of our Nation’s tax and and dramatic results for poor and mi- kids through this appropriations bill. health care policy. I applaud the hard nority students. Investing in reducing class size, teach- work of appropriators and President These are the kinds of things we need er quality, college affordability, and Clinton in coming to a hard-won agree- in our public schools. Our kids deserve things to help our young children like ment on this year’s final spending bill. this investment. Head Start and child care are the kind And, I am pleased that we can finally In Washington State, the funds in- of investments we need in this country. wrap up the business of the 106th Con- cluded in this bill will provide over $25 While these investments are not gress and clear the deck for our new million to the State for the purpose of quite as high as the ones agreed to in President and the 107th Congress. reducing class size. Currently, over 600 October, I still believe we are moving This bill includes many of my legis- teachers have been hired with Federal the right direction in this bill by in- lative priorities, which I believe will class size reduction funds across the vesting in the things that we know benefit Rhode Islanders, and all Ameri- State to reduce class size. With the work. Kids, teachers and parents across cans. funds secured this year, Washington this country deserve these invest- First: let’s focus on those in the area State will be able to hire approxi- ments. of health care. The health care portion mately additional 130 new teachers to And while I have focused my remarks of this measure includes two legisla- reduce class size. on education, I should note that this tive proposals I authored, and for This appropriations agreement also bill contains vital investments in many which I worked hard to build bipar- makes an important investment in key areas like health care. I am im- tisan support this year: a version of the school construction. Students across mensely proud of the increased invest- State Children’s Health Insurance Pro- this country are going to school in in- ments we are making in health care re- gram Preservation Act, and the Med- adequate facilities. The majority of search at the National Institutes of icaid Disproportionate Share Hospital students in this country attend schools Health and the Centers for Disease Preservation Act. that are over 40 years old. These have Control. These investments represent The SCHIP provision allows 40 leaky roofs, inadequate heating and our strong commitment to finding states—including Rhode Island—to re- cooling, and are not the type of learn- cures to life threatening ailments like tain for two more years $1.2 billion in ing environment that goes hand in breast and prostrate cancer, Parkin- children’s health insurance funds. In hand with expecting our students to son’s disease, and multiple sclerosis. extending the deadline for states to achieve high standards. This bill makes This bill funds key health projects in spend these federal dollars, we give eli- an investment in school construction, Washington State like Children’s Hos- gible children in 40 states the oppor- providing $1.2 billion for this purpose. pital and others. tunity to receive health insurance. In In addition, it makes an investment This bill makes an essential invest- Rhode Island, our state’s low-income in teacher quality. Our districts need ment in health care with $35 billion for health care program—known as RIte help in the area of teacher quality. The BBRA relief. These improvements are Care—may be able to retain as much a districts need to be able to provide imperative for access to quality health $8 million in federal funds. That teachers the support they need, and care for people everywhere. I cannot amount would go a long way to cover make efforts to reach out and bring emphasize enough the importance of uninsured children between the ages of more highly qualified people into the these changes to hospitals, home eight and 18 in my home state. teaching profession. This appropria- health, skilled nursing facilities which My second priority—The Medicaid tions bill provides a $150 million in- serve the elderly. Ensuring this popu- Disproportionate Share Hospital Pres- crease over last year in our investment lation has high quality health care is ervation Act—would benefit hospitals to improve teacher quality. high priority, and I commend my col- that serve a disproportionate share of This bill provides more than a 30-per- leagues for recognizing this pressing America’s 43 million uninsured. It cent increase for IDEA, the biggest in- need. would increase Medicaid DSH pay- crease in the program history. I’m sure As a member of the Labor-HHS-Edu- ments to these hospitals to defray there is not a member of this Senate cation Subcommittee, I urge my col- their costs of treating Medicaid pa- who has not visited a school district leagues to join in support for this bill. tients—particularly indigent patients and heard the struggles the district Mr. INHOFE. Mr. President, I rise with complex medical needs. In all, it faces in funding special education serv- today to lodge my objection to H.R. would strengthen the safety net for ices. This bill provides $1.35 billion 4577. I understand that there will not Rhode Island’s hospitals—that are more for IDEA than last year. We be a rollcall vote but if there were to struggling as a result of the budget should not back down from this com- be a rollcall vote I would vote ‘‘no.’’ cuts instituted by the Balanced Budget mitment to our schools. Mr. WELLSTONE. Mr. President I Act of 1997. Indeed, this proposal could The bill provides close to a 50-percent want to voice my strong objection to save Rhode Island hospitals $10 million increase for after school programs. The the process by which this legislation is over the next two years. funding is raised from $435 million to being passed by the Senate. The Omni- What’s more, the initiative before us $851 million. bus Appropriations conference report— increases Medicare reimbursements for There is a much needed investment containing numerous other pieces of teaching hospitals, and scales back in child care. There is a 70-percent in- unrelated legislation—is being passed deep cuts to the home health care in- crease in child care funding, bringing by the Senate tonight under a consent dustry. And, it bolsters the ability of the funding up to $2 billion. With these agreement that was entered suddenly nursing homes and community health additional funds, nearly 150,000 chil- by the Majority Leader without the clinics to provide high quality service dren will receive child care subsidies. normal notification process. We should to those in need. Together, these provi- An increase of over $1 billion in Head have had a recorded vote. Since I first sions will go a long way to improve the Start: These funds would allow an addi- came to the Senate 9 years ago I have health care received by the children, tional 70,000 children to participate in felt that it does the Senate no credit to the elderly, and the uninsured of our Head Start. pass such significant budgetary legisla- nation. The bill invests in college opportuni- tion—literally hundreds of billions of Turning to the tax provisions, I am ties for students. The $450 increase in dollars—without a recorded vote. We heartened that this bill contains many the Pell Grant Program and the sub- cannot be held accountable as Senators incentives to rebuild distressed com- stantial increase for SEOG, LEAP, and to our constituents when such bills are munities, both in urban and rural Federal work-study will give more passed in this manner. I want to make areas. I’ve cosponsored legislation to families the ability to send their chil- it clear; I oppose this legislation and I foster urban renewal, and I am pleased dren to college. would like the RECORD to show that I that this package contains a version of

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.061 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11877 it. Specifically, this measure would es- ute, we created the Cultural Property effectively deny interested persons an tablish 40 renewal communities and Advisory Committee (CPAC), an 11- opportunity to contribute meaning- designate 9 new empowerment zones member body appointed by the Presi- fully to CPAC proceedings. An ade- that would be eligible for tax breaks. dent to advise him concerning foreign quate notice should provide descriptive I am particularly heartened that this government requests that import re- information from the foreign nation measure increases the low-income strictions be placed on certain archae- about the archaeological or ethno- housing tax credit caps over the next ological and ethnological material. The logical materials, the pillage of which two years. Along with the Rhode Island statute specified that each member the requesting country claims is plac- Housing Authority, I am an ardent sup- should represent one of four categories: ing its cultural patrimony in jeopardy. porter of this increase because it will museums (two members), archaeolo- This information is particularly impor- help many low-income families gain gists/anthropologists (three members), tant because the 1983 act explicitly au- access to affordable housing. dealers (three members), and the public thorizes the President to impose im- What’s more, the initiative we con- (three members). There are different port restrictions only on particular ar- sider today accelerates a scheduled in- interests here, and my purpose was to chaeological and ethnological mate- crease in the state volume limits on see that these were represented in any rials that are the subject of pillage, tax-exempt private activity bonds. recommendation the CPAC would which, in turn, is jeopardizing the cul- This provision has broad, bipartisan make. In addition, the CCPIA explic- tural patrimony of a requesting state. support, and I am glad we are moving itly states that the CPAC is subject Any notice of a foreign government’s forward with it. generally to the Federal Advisory Com- request should, at a minimum, put on Finally, many of you know that, as a mittee Act provisions relating to open the public record the approximate member of the Environment and Public meetings, public notice, and public par- dates during which the cultural mate- Works Committee, I have worked to ticipation in its proceedings. As the rial at issue was produced, the approxi- mate dates during which that material win passage of legislation to spur last of the authors of the CCPIA re- is alleged to have been pillaged, the cleanup of lightly contaminated indus- maining in the Senate, it fell to me to cultural group with respect to which trial sites—so-called brownfields sites. keep an eye on its implementation. This bill contains a brownfields expens- Earlier this session I introduced S. the material is associated (if avail- able), the medium, and representative ing provision that promotes the clean- 1696, the Cultural Property Procedural categories or types of cultural material up of environmental contaminants. Reform Act. Joining me as cosponsors that the foreign nation asked by barred This is a modest step in the direction on the bill are Chairman ROTH, and from import into this country. This in- of the wholesale reform I’ve been press- Senators SCHUMER, GRAMM, and formation will permit interested par- ing, but it is an important step towards BREAUX. Congressman RANGEL intro- ties to prepare themselves to partici- that eventual goal. duced companion legislation on the pate in an informed fashion in pro- I am pleased that we have finally House side. I have pressed this legisla- reached agreement with our counter- ceedings before the CPAC. tion because I feel it provides an essen- Requiring the approximate dates of parts on the other side of the aisle here tial clarification of the CCPIA. the alleged pillage is essential to carry in the Senate; with our colleagues in Unfortunately, time has run out in out the purposes of the statute. Evi- the House of Representatives; and most this session of Congress to pass S. 1696. dence of contemporary pillage is cen- importantly, with the Clinton adminis- Although some halting progress has tral to the goals of the 1983 act, which tration on this broad spending pack- been made by the executive branch in is based on the concept that a U.S. im- age. responding to the problems that S. 1696 port restriction is justified only if it In that spirit of constructive com- sought to address, it is clear that the will have a meaningful effect on an on- promise, I will vote in favor of this bill. fundamental issues of procedural re- going situation of pillage. It is quite I urge my colleagues to do the same. I form raised by S. 1696 have not been re- obvious that an import restriction in thank the Chair. solved. Therefore, it is imperative that the year 2000 cannot deter pillage that THE CULTURAL PROPERTY PROCEDURAL REFORM congressional oversight continue in an took place decades or even centuries ACT effort to ensure that the implementa- ago. Thus, the approximate dates of Mr. MOYNIHAN. Mr. President, in tion of the Act is faithful to the terms the pillage, which a fair notice would 1972, the Senate gave its advice and Congress promulgated. provide, is imperative to ensure that consent to ratification of the UNESCO We have seen a number of serious the administrative process is faithful Convention on the Means of Prohib- shortcomings in the administration of to the goals of the CCPIA. iting and Preventing the Illicit Import, the CCPIA which led to the introduc- A second concern that led to the in- Export, and Transfer of Ownership of tion of S. 1696. A central concern has troduction of S. 1696 was the absence of Cultural Property, but subject to the been that the procedures of the CPAC meaningful art dealer participation in passage of implementing legislation by remain essentially closed to nonmem- the proceedings of the CPAC. This Congress. The implementing legisla- bers of the committee despite the pro- year, in fact, art dealers have not been tion—the Convention on Cultural Prop- visions of the 1983 Act, such as 19 represented at all on the CPAC—all erty Implementation Act (CCPIA)—be- U.S.C. section 2605(h), that generally three dealer slots have been and con- came law in 1983. I wrote this legisla- require open meetings and transparent tinue to be vacant. This state of affairs tion in the Senate in cooperation with procedures. I remain concerned that is inconsistent with the CCPIA, which Senators Robert J. Dole and Spark M. past proceedings before the CPAC and established an elaborate process to en- Matsunaga. It is technically a revenue the administering agency have been sure that the views of archaeologists, measure and came under the jurisdic- conducted in almost total secrecy, thus art dealers, museums, and the public tion of the Senate Finance Committee denying interested parties a meaning- were taken fully into account when a of which I was then a senior member, ful opportunity to respond to evidence foreign government asked us to pro- later chairman. Earlier I had been Am- presented by foreign nations con- hibit the importation of archaeological bassador to India and to the United Na- cerning alleged pillage and with re- and ethnological materials. tions and was much aware of the issues spect to the statutory requirements It is reported that the White House is surrounding cultural property. As Am- that must be satisfied. The result is now moving forward to fill all these are bassador in Delhi I was responsible for that the CPAC is denied a full, unbi- dealer vacancies and perhaps the intro- negotiating the return of the Shiva ased record upon which to make its de- duction of S. 1696 helped move that Nataraja. I also was serving at the cisions. A central goal of S. 1696 is to process along. To ensure that in the fu- time as chairman of the board of trust- open those proceedings. ture all interested constituencies are ees of the Hirshhorn Museum and The initial step in a CPAC proceeding represented on the CPAC, it would be Sculpture Garden, and in that capacity is the publication of a notice in the desirable to modify the CPAC quorum I dealt at length with similar issues. Federal Register informing the public provisions to require the presence of at The CCPIA sets forth our national of the filing of an application by a for- least one member from each statutory policy concerning the importation of eign government. However, that notice category. Moreover, the language de- cultural property. As part of the stat- of the request is often so cursory as to scribing the CPAC members should be

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.063 pfrm04 PsN: S15PT2 S11878 CONGRESSIONAL RECORD — SENATE December 15, 2000 made consistent across all four cat- couraged free trade in artistic and cul- Nutrition, and General Legislation, I egories and consistent with Senate re- tural objects which has helped create a have been actively involved in the evo- port language stating that the mem- museum community in our Nation that lution of the CFMA and am committed bers are to be ‘‘knowledgeable rep- has no equal. That policy of free inter- to working closely with Chairman resentatives of the private sector.’’ change of cultural objects was nar- LUGAR, Chairman GRAMM, and my Further, discussions on the bill have rowly modified in the 1983 act to re- other colleagues to ensure that the revealed that the process whereby the spond to specific, severe problems of United States derivatives markets re- Executive Branch reports to the Con- pillage. A diversion from this posture, main strong, competitive, and viable. gress on its actions under the 1983 act which the current administration of The CFMA codifies the recommenda- needs to be strengthened. Under cur- the law suggests, can deny the Amer- tions of the PWG to enhance legal cer- rent law, the CPAC and the State De- ican public the opportunity to view, tainty for over-the-counter (‘‘OTC’’) partment are to provide copies of their study, and appreciate cultural antiq- derivatives by excluding from the CEA reports to Congress. These reports have uities that reflect the multicultural certain bilateral swaps entered into on not been transmitted to the Senate Fi- heritage that is the essence of our na- a principal-to-principal basis by eligi- nance Committee, the committee of ju- tion. ble participants. The market for OTC risdiction in the Senate. Significantly, I trust, and urge, that the next Con- derivatives has exploded over the past consultations have not occurred rou- gress will address these issues vigor- two decades into a multi-trillion dollar tinely on these matters since the origi- ously. industry. These large and sophisticated nal statute was enacted in 1983. f markets play an important role in the To implement the goals of the 1983 THE COMMODITY FUTURES MODERNIZATION ACT global economy and legal certainty is a Act for open proceedings, the reporting OF 2000 critical consideration for parties to requirements in the CCPIA should be Mr. FITZGERALD. Mr. President, I OTC derivative contracts. Accordingly, made more consistent with the tradi- rise in support of the Commodity Fu- the CFMA recognizes that legal cer- tional consultation and layover provi- tures Modernization Act of 2000 tainty for OTC derivatives is vital to sions used by Congress to ensure ade- (‘‘CFMA’’), the proposed legislation to the continued competitiveness of the quate consultation. Thus, reports of reauthorize the Commodity Futures United States markets and achieves the CPAC and State Department action Trading Commission (‘‘CFTC’’) and to this certainty by excluding these should be sent to appropriate jurisdic- amend the Commodity Exchange Act transactions from the CEA. tional committees with a traditional (‘‘CEA’’). This legislation is the Senate The provisions of the CFMA also ad- layover period to permit consultation, companion of H.R. 5660, which Con- dress the problem that federal regula- tion has not adapted to the rapid as appropriate, between Congress and gressman THOMAS EWING introduced growth of the financial markets and the executive branch. Consultation yesterday in the House of Representa- today serves as a substantial restric- provisions can be developed that will tives and which is part of the final ap- tion on market competitiveness and not impair the executive branch’s abil- propriations measure. As an original modernization. In order for the United ity to proceed with import restrictions, co-sponsor of the CFMA, I am proud to States to maintain the most efficient after there is an opportunity for con- join Chairmen GRAMM and LUGAR in markets in the world, regulatory bar- sultation with Congress. Such con- supporting legislation to provide much riers to fair competition must be re- sultation would help ensure that execu- needed regulatory relief to the United moved. The CFMA reduces the ineffi- tive branch procedures and actions do States futures exchanges, to remove ciencies of the CEA by removing con- not stray from Congress’ intent in the eighteen-year-old ban on single straints on innovation and competi- passing the 1983 act, and would thus stock futures, and to bring legal cer- tiveness and by transforming the CFTC help allay concerns of interested per- tainty in the multi-trillion dollar de- into an oversight agency with less sons that the statutory criteria are not rivatives markets. front-line regulatory functions. The The CFMA gives a substantial boost being met. provisions for three kinds of trading fa- One concern that I have heard re- to Chicago’s futures industry and the cilities with varying levels of regula- peatedly is that the CPAC and the 200,000 jobs that depend on it. The Chi- tion provide needed flexibility to both agencies to which it reports have sim- cago futures exchanges will be given an traditional exchanges and electronic ply disregarded the multinational re- opportunity to compete on a level play- trading facilities by basing oversight of sponse requirement in recent actions ing field with the world markets. Bur- the futures markets on the types of imposing far-reaching restrictions on densome federal regulations will be re- products they trade and on the inves- cultural property. Central to our inten- moved and a new regulatory structure tors they serve. tion in drafting the CCPIA was the will be implemented that will give our Finally, the CFMA removes the Ac- principle that the United States will nation’s most important futures ex- cord’s prohibitions on the trading of act to bar the import of particular an- changes the ability to compete equally single stock futures and small indices. tiquities, but only as part of a con- with world markets in product innova- Stock index futures have matured into certed international response to a spe- tion and the ever-changing demands of vital financial management tools that cific, severe problem of pillage. The ra- the marketplace. Chicago’s exchanges enable a wide variety of investment tionale for this requirement is that one will now have the opportunity to offer concerns to manage their risk of ad- cannot effectively deter a serious situ- single stock futures so that they can verse price movements. The options ation of pillage of cultural properties if compete with global markets already markets and swaps dealers offer cus- the United States unilaterally closes trading those types of futures. This is tomers risk management tools and in- its borders to the import of those prop- potentially an enormous market for vestment alternatives involving both erties, and they find their way to mar- Chicago’s exchanges and U.S. inves- sector indexes and single stock deriva- kets in London, Munich, Tokyo, or tors. It goes without saying that this tives. It seems only fair that futures other art importing centers. Congress market is absolutely necessary for Chi- exchanges be allowed to compete in intended that the multinational re- cago to remain the center for world fu- this important market. sponse requirement be taken seri- tures trading. The CFMA lifts the ban on single and ously—indeed its inclusion ensured the I commend Chairman LUGAR on his index stock futures restrictions to passage of the 1983 Act. I am concerned efforts to act swiftly to modernize the allow the marketplace to decide wheth- that the executive branch may not be CEA and to implement the rec- er these instruments would be useful giving serious weight to this require- ommendations of the President’s Work- risk management tools and to enhance ment. ing Group on Financial Markets the ability of the U.S. financial mar- I am distressed that the procedural (‘‘PWG’’). The challenges involved in kets to compete in the global market- changes proposed in S. 1696 cannot be such an undertaking are enormous and place. The bill reforms the Accord to made in this Congress. A fair adminis- I appreciate Chairman LUGAR’s allow both futures and securities ex- tration of the 1983 act is vitally impor- thoughtful and comprehensive ap- changes to trade these products under tant to our citizens and our cultural proach to this complex task. As Chair- the jurisdiction of their current regu- life. The United States has long en- man of the Subcommittee on Research, lators. The CFMA also allows both the

VerDate 15-DEC-2000 01:06 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.065 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11879 SEC and the CFTC to enforce viola- in the State of Hawaii, as defined in 19 ods and alternatives to prevent another tions of their respective laws regard- C.F.R. 4.80a(a)4. dam failure like the one that occurred less of whether the products are traded I want to make clear to my col- in Martin County, Kentucky, in Octo- on a futures or securities exchange and leagues that this provision would not ber of this year. requires that the agencies share nec- affect any State other than Hawaii. I would like to clarify the under- essary information for enforcement Moreover, it would not prohibit cur- standing of the chairman and ranking purposes. rent gambling operations on board member of the Senate Labor/HHS Ap- The CFMA represents an arduous ef- cruise ships that, for example, begin or propriations subcommittee regarding fort to remove burdensome regulatory end their cruises on the mainland or in this conference report language. Is it structures and provide much needed foreign countries, even if they call at their understanding that the NAS legal certainty to the United States de- multiple ports in Hawaii, so long as the study should involve the participation rivatives markets. This effort has pro- gambling facilities are closed when the of experts to include, but not be lim- duced comprehensive legislation that vessel is in Hawaii and the passengers ited to, members of relevant state and is designed to remove impediments to do not begin and end their trip in Ha- federal agencies, such as the Mine innovation and regulatory barriers to waii. Passengers could either begin or Safety and Health Administration, the fair competition for the United States end their trip in the State, but could Office of Surface Mining and Enforce- financial markets. The positive impact not do both. A vessel that is operating ment, the Environmental Protection of this legislation on Chicago’s futures in dedicated service in Hawaii, how- Agency, as well as industry, labor, cit- markets cannot be overstated. The ever, cannot escape the Johnson Act’s izen, and environmental groups, which CFMA is vital to Chicago remaining broad prohibitions simply by calling at have either been, or may be, impacted the derivatives capital of the world and Christmas Island or some other similar by impoundments in their areas? Fur- ther, in addition to addressing how gives Chicago’s futures exchanges the foreign port. ability to lead the way in the poten- I have made clear that I do not want best to assure the stability of existing tially explosive single-stock futures gambling in Hawaii many time and in impoundments, is it the understanding market. particular on the occasions that we of my distinguished colleagues that this NAS study should also address al- RESTRICTING CRUISE SHIP GAMBLING have debated the Johnson Act and ternative methods of coal mine waste Mr. STEVENS. Mr. President, I gambling on cruise ships. I have been would like to engage the Senator from disposal and placement in the future? unwavering in my position that gam- Mr. SPECTER. As I, too, have had a Hawaii in a colloquy regarding a provi- bling on voyages beginning and ending long-running interest in coal mining sion of interest to him, that would re- in Hawaii will not be accepted practice. and health and safety matters, I thank strict cruise ships from gambling in This provision should clarify any ambi- the Senator for his interest in this im- the State of Hawaii. For the benefit of guity in the Johnson Act as to what portant coal matter. Yes, I believe that our colleagues, I would like to ask the types of gambling operations on board it is important for a range of stake- Senator if he would explain the clear vessels are allowed and not allowed in holders to be involved in this study as intent of this provision. Hawaii. I can assure my colleagues well as to look at both the current and Mr. INOUYE. Mr. President, I would that if gambling interests believe they future issues related to coal waste im- be happy to have a brief discussion can exploit and circumvent the spirit poundments. with Chairman STEVENS on this mat- and intent of Federal laws prohibiting Mr. HARKIN. I would like to thank ter. As he knows, on many occasions I gambling in Hawaii, I will be back in the Senator from West Virginia for his have expressed to my colleagues in this this Chamber to attempt to make the leadership on this subject. It is also my Chamber my strong opposition to gam- necessary changes to continue our understanding that relevant federal, bling in the Hawaiian Islands. Our State’s longstanding prohibition on state, industry, labor, citizen, and en- State of Hawaii is one of only two such activities. vironmental parties should participate states in the entire country that pro- Mr. STEVENS. Mr. President, we all in this study so as to gain a broader hibits gambling of all kinds. When Fed- recognize the Senator’s diligence in range of views and recommendations eral laws, including the Gambling De- keeping the gambling industry out of on the current problem and future so- vices Transportation Act, more com- Hawaii. Would I be correct then saying lutions in order to prevent such prob- monly known as the Johnson Act, af- this provision would not have any im- lems as he has described from occur- fecting the ability of cruise ships to pact on those cruise ships that begin or ring again. conduct gambling operations were re- end their voyages in a foreign port or SWAN LAKE-TYEE INTERTIE laxed over the past decade, I was in- on the mainland so long as they don’t Mr. STEVENS. Mr. President, I volved in drafting those provisions to gamble while in Hawaii? would like to engage the distinguished be sure that the longstanding Federal Mr. INOUYE. The Senator is correct. chairman of the Senate Interior Appro- prohibition against the possession and Mr. STEVENS. I thank the Senator priations subcommittee in a short dis- operation of gambling devices be main- for his explanation. cussion on an item which is included tained with respect to the State of Ha- Mr. INOUYE. I appreciate the oppor- on page 171 of the conference report on waii. Unfortunately, I understand that tunity to explain this matter for our the recently passed Interior appropria- a foreign cruise line seeks to exploit a colleagues. tions bill, H.R. 4578. In that bill, there loophole in Federal law and cir- COAL WASTE IMPOUNDMENT STUDY is a reference to utilizing the Alaska cumvent this long standing prohibi- CLARIFICATION ‘‘Job in the Woods’’ program for tion. This legislation closes this loop- Mr. BYRD. Mr. President, conference projects ‘‘that enhance the southeast hole. report language has been added to H.R. Alaska economy, such as the southeast This recent announcement by a for- 4577, the fiscal year 2001 Labor/HHS Ap- Alaska intertie.’’ May I inquire of the eign cruise line—that is substantially propriations bill to address concerns distinguished chairman if that lan- owned by foreign gambling interests— about the safety of coal waste im- guage refers specifically to the cur- to permanently based a large cruise poundments. A study, which is to be rently proposed Swan Lake-Lake Tyee ship with an extensive casino on board completed by the National Academy of Intertie project for which the Forest in Hawaii for year-round operation on Sciences (NAS) in nine months, will be Service completed its final environ- cruises that will begin and end in Hon- funded by monies included in the Mine mental impact statement and issued olulu has prompted this amendment. Safety and Health Administration’s its record of decision on August 29, This amendment ensure that there is (MSHA) Fiscal Year 2001 appropria- 1997? no ambiguity in the intent of the John- tions. Because MSHA has regulatory Mr. GORTON. The distinguished son Act’s application to the State of authority for coal waste impoundment chairman of the Appropriations Com- Hawaii by expressly preserving the oversight, I hope that MSHA officials mittee is correct. That reference is spe- act’s original prohibition of the trans- will play an active role throughout the cifically intended to refer to the Swan portation, possession, repair, and use of course of the study. The NAS study is Lake-Tyee Intertie project and was in- any gambling devices aboard vessels intended to review the coal waste im- advertently referred to as the south- that embark and disembark passengers poundments and report on viable meth- east Alaska intertie. I hope the RECORD

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.111 pfrm04 PsN: S15PT2 S11880 CONGRESSIONAL RECORD — SENATE December 15, 2000 will reflect this clarification and will Mr. STEVENS. I thank my colleague. was 0 percent. As a result, no cash de- result in an expeditious use of the AUTHORITATIVE ROOT SERVER posits were made on these entries by funds. Mr. BURNS. Will the chairman yield the U.S. importer. Through no fault of LIHEAP for purposes of a colloquy? the U.S. Customs Service, the anti- Mr. HARKIN. Mr. Chairman, as you Mr. GREGG. I yield to the Senator dumping duties and interest subse- know, many members on both sides of from Montana. quently imposed when these entries the aisle have concerns about the Low- Mr. BURNS. I understand that the were liquidated as a result of the De- Income Home Energy Assistance Pro- Internet Corporation for Assigned partment of Commerce administrative gram (LIHEAP) and the lack of an ad- Names and Numbers, ICANN, intends review process now represents a severe vance appropriation for that program to request that the Department of and unanticipated hardship on the U.S. in fiscal year 2002. As you know, home Commerce transfer the Internet’s au- importer, Drives, Inc., based in Fulton, heating costs have skyrocketed over thoritative root server to ICANN’s con- Illinois. This legislation is intended to the past year in many areas of the trol. The authoritative root server is address this situation by having the country. The LIHEAP program helps the foundation of the Internet, which Customs Service reliquidate the en- over four million low-income house- cannot function without it. Would the tries at the antidumping duty cash de- holds with their heating bills. Usually chairman agree that the Department of posit rate in effect at the time of this appropriations bill includes ad- Commerce should retain control of the entry. vance funding for LIHEAP so that authoritative root server until the ap- Mr. ROTH. The senior Senator from states have time to plan their program, propriate committees of Congress have Illinois is correct and I thank him for but due to a provision in the budget reviewed the legality, appropriateness his kind words. He is correct with re- resolution capping advance appropria- and implications of such a transfer? gard to the purpose and intended effect tions we were not able to do so this Mr. GREGG. I agree with the Senator of this section. My understanding is year. from Montana that Congress should be that the antidumping duty order cov- I hope, as I know you do, that we fin- given the opportunity to exercise its ering these entries has recently been ish our work on this bill before October oversight responsibility over this im- revoked. I also understand that the do- 1 next year. But if we do not, I think portant issue. mestic industry association that was we should do everything we can to see Mr. HOLLINGS. Will the chairman the complainant in the dumping pro- that any continuing resolution for fis- yield to me on this issue? ceedings is aware of this legislation cal year 2002 would include sufficient Mr. GREGG. I yield to the Senator and does not object. funds for States to properly run their from South Carolina. Mr. DURBIN. That is correct. In ac- LIHEAP programs. Mr. HOLLINGS. Mr. Chairman, I cordance with this legislation, the Mr. SPECTER. As you know, I have would like to join you in supporting identified entries will be re-liquidated been a strong supporter of the LIHEAP the statements made by the Senator with no antidumping duties assessed. program and I am aware of how essen- from Montana. As managers of the Moreover, no interest charges which tial the program becomes in times of Commerce, Justice, State bill, you and relate in any way to antidumping du- high fuel prices. While I hope that a I have the responsibility and expecta- ties will be assessed. Since the deposit continuing resolution will not be nec- tion of providing agencies under our ju- rate at the time of entry of all of the essary next year, I would certainly sup- risdiction with congressional input and identified entries was 0 percent, this port including funding for the full win- guidance. On an issue of this great im- will have the effect of liquidating the ter season in the first continuing reso- portance—transferring the a-root serv- entries at the cash deposit rate in ef- lution for fiscal year 2002, if that is er to ICANN—it is critical we carefully fect at the time of entry. necessary. look at the implications a decision like Mr. ROTH. We should note for the CATHOLIC SOCIAL SERVICES this would have. record that during the drafting of this Mr. STEVENS. Mr. President, I Mrs. MURRAY. Will the chairman legislation, a few words were inadvert- would like to engage the distinguished yield to me on this issue? ently left out, with the unintended chairman of the Senate VA–HUD Ap- Mr. GREGG. I yield to the Senator consequence of the language being not propriations subcommittee in a short from Washington. as clear as we would like for Customs’ discussion on an item which is included Mrs. MURRY. I share the concerns interpretation. It was our intent with on page 79 of the Conference Report H. expressed by the Senators from Mon- this legislation that re-liquidation Rept. 106–988 (H.R. 4635) for the VA– tana and South Carolina about the pre- should occur within 90 days of enact- HUD appropriations bill. In that bill, mature transfer of the authoritative ment. This was the intent of the Con- there is funding available for Catholic root server to ICANN. Control of this gress when it reviewed and passed this Community Services. I am told that root server includes the power to dra- section. reference is incorrect and that the matically affect all aspects of Internet Mr. DURBIN. The senior Senator funding should actually be made avail- activity, including e-commerce and our from Delaware is correct. There was a able for Catholic Social Services for national security. The Department of mistake made in drafting the language. renovations and construction at the Commerce should not transfer the root Regardless, the intent of the original Brother Francis Shelter and AWAIC’s server to ICANN until Congress has had legislation, and the intent that can transitional housing. I would ask the the opportunity to review the wisdom still be interpreted from the law as en- distinguished subcommittee chairman of such a transfer. acted, is to have the Customs Service whether it was his understanding that Mr. GREGG. I agree with the views re-liquidate the entries at the anti- Catholic Social Services was the in- expressed by my ranking member, Sen- dumping duty cash deposit rate in ef- tended recipient of this funding rather ator HOLLINGS, and the Senators from fect at the time of entry. I thank the than Catholic Community Services, Washington and Montana on this mat- Senator from Delaware for his guid- and if so, would the chairman make ter. ance and appreciate working with him note of this for the RECORD? ANTIDUMPING DUTIES on a bipartisan basis. Mr. BOND. The distinguished chair- Mr. DURBIN. Mr. President, I would Mr. ROTH. I thank the Senator from man of the Appropriations Committee like to commend the chairman of the Illinois. is correct. That reference is specifi- Finance Committee for his bipartisan ASBESTOS VICTIMS cally intended to refer to Catholic So- efforts which resulted in the passage of Mr. DEWINE. I notice my colleague cial Services for renovations and con- section 1425 of H.R. 4868, the Miscella- from Ohio, Senator VOINOVICH is on the struction at the Brother Francis Shel- neous Tariff Act. This section is in- floor as well as the majority leader. I ter and AWAIC’s transitional housing tended to address an unfortunate situa- think I speak for my colleague when I and was inadvertently referred to as tion involving the imposition of anti- say we are extremely disappointed that Catholic Community Services. I hope dumping duties on a number of entries our bill, S. 2955, was not able to be the RECORD will reflect this clarifica- of conveyor chain from Japan. At the passed in this Congress. That bill is tion and will result in an expeditious time of these entries, the applicable very important to asbestos victims and use of the funds. antidumping duty cash deposit rate two of our State’s largest employers.

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.067 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11881 As we all probably know, our nation is vincing case on the need for a solution oratory, which is ideally suited to de- facing an asbestos litigation crisis. A to this problem. I pledge to work with velop improved building technologies crisis for which the federal govern- them to see that this issue is addressed resistant to natural disaster. ment, in my opinion, shares responsi- as early as possible in the 107th Con- I would strongly encourage the NIST bility. From World War II through the gress. Building and Fire Research Lab to sup- Vietnam war, the government man- DISASTER-RESISTANT WOOD CONSTRUCTION port development work on advanced dated the use of asbestos to insulate PROGRAM wood composites, demonstrate the per- our naval fleet from secondary fires. Ms. COLLINS. Mr. President, as you formance of reinforced-wood compos- This mandate is the cause of many know, natural disasters exact a tre- ites under simulated hurricane wind tragic disabilities. Unfortunately, mendous toll on our nation. In just two conditions, and introduce the new con- while the federal government would be decades (1975–1994), 24,000 individuals struction materials into national one of the largest asbestos defenders nationwide lost their lives to natural building codes and standards. disasters. An additional 100,000 were in- due to this mandate, an aggressive and Mr. HOLLINGS. I thank my good successful litigation strategy to assert jured, and the resulting property dam- friend and colleague, Senator COLLINS, sovereign immunity has allowed them age reached a staggering $500 billion. Hurricanes are responsible for 80 per- for her kind remarks regarding this to evade any monetary culpability. subcommittee’s work on the FY ’01 Since the federal government is not cent of these $500 billion in damages. Commerce, Justice, State, and judici- paying their fair share of the costs, the The continued rapid building of homes ary appropriations bill. I recognize the former asbestos manufacturers are bur- and commercial facilities along our importance of investing in advanced dened with asbestos claims. Of the ap- coastlines increases the potential for building technologies that can resist proximately 30 original core defend- even higher natural disaster costs in damage from hurricanes. As you know, ants, over two dozen have gone bank- the future. Since Congress often re- South Carolina has experienced several rupt, in large part due to asbestos sponds to these disasters with emer- costly and disastrous hurricanes. Yet claims. The situation has reached the gency supplemental appropriations, it our coastal economy continues to ex- crisis stage. Good companies, providing makes sense to also support the devel- pand and to serve as a commercial and good jobs, and providing payments to opment of technologies and building recreation resource to our State and victims, are in significant peril. The techniques to mitigate damage result- the Nation. recent bankruptcies of several former ing from hurricanes and other natural asbestos manufacturers have placed an disasters. I agree with my colleague that devel- even more overwhelming burden on the Mr. GREGG. I agree with my distin- opment of fiberglass-reinforced wood remaining defendants. Due to joint and guished colleague from Maine that we composites is important, and I also en- several liability, the remaining defend- need to do what we can to mitigate the courage the National Institute of ant companies are now paying an even devastation caused each year by nat- Standards and Technology to support higher share of asbestos claims. The ural disasters. Exciting new building the development and deployment of markets have taken note. Stock mar- techniques and technologies hold these materials. Improvements to wood ket values are declining, making it promise in this regard. building materials will result in direct more and more difficult for these com- Ms. COLLINS. They certainly do. benefits to the people of South Caro- panies to receive the financing they And one of the most exciting tech- lina and all other coastal communities need to survive. The very future of nologies involve wood composites. The in the United States. these companies, the very future of fact is, most natural disasters directly Mr. GREGG. I thank my distin- these jobs are at stake. affect wood construction, which is used guished colleague from Maine as well But, it is not just the companies who for 99 percent of houses constructed na- and share her concerns about the im- are suffering. Asbestos victims are also tionally. The University of Maine Ad- pact of natural disasters on the lives of suffering greatly. They are not receiv- vanced Engineered Wood Composites people and on the economy. In the ing the awards to which they are enti- Center (AEWC) has developed new past, government has worked effec- tled. If something is not done to cor- technologies to reinforce wood con- tively with the building industry to rect this situation, good companies struction materials with fiberglass ma- make homes and commercial buildings will continue to go bankrupt, good jobs terial. These fiberglass-reinforced wood better and safer through building codes will continue to be lost, and asbestos composites are two to three times and standards, and by supporting im- victims will not receive any compensa- stronger, more impact resistant and provements in building technology. tion. more ductile than their unreinforced The subcommittee is very interested We must act now to do this. I under- counterparts. Homes and buildings con- in the contributions that the NIST stand the majority leader understands structed with these advanced materials Building and Fire Research Laboratory and appreciates the urgency of this sit- should greatly enhance occupant pro- can make to improve the quality of uation. I would ask that the bill that tection from hurricanes, earthquakes, building products. Fiberglass-rein- Senator VOINOVICH and I have intro- tornadic missiles, and other natural forced wood composites can greatly in- duced would be one of the first bills threats. In addition to their benefits in crease the safety of homes subjected to considered when we return for the new construction, these technologies natural disasters. I agree that the Na- 107th. can be used to retrofit and strengthen tional Institute of Standards should Mr. VOINOVICH. I wholeheartedly existing wood buildings. The Univer- pursue with the University of Maine agree with my colleague, Senator sity of Maine and its industry partners the development and demonstration of DEWINE. I do not think we can stress require $4 million in fiscal year 2001 fiberglass-reinforced wood composites enough that this really is a matter of funds to complete material and wood for improved building materials. survival for these companies and their panel testing on these technologies, employees. The government bears some and to start developing building code EXPANSION OF A SUCCESSFUL EXECUTIVE MBA responsibility here, we simply must get provisions to transition the new dis- PROGRAM this bill done as soon as possible. The aster resistant panels into residential Mr. L. CHAFEE. Mr. President, I companies, their workers, and asbestos and commercial construction. would like to clarify the intent of the victims—after all when the companies I commend my good friends, Chair- conferees regarding a provision in the go bankrupt it affects payments to vic- man GREGG and the subcommittee’s conference report accompanying H.R. tims—need certainty that this will be ranking member, Senator HOLLINGS, 4576, FY01 Defense appropriations bill brought to the Senate floor at the ear- for their efforts thus far to allocate ad- (H. Rept. 106–754). Within this legisla- liest possible date next year. We need ditional funds to the National Institute tion is $2 million for the expansion of a to work to keep these companies of Standards Scientific and Technical successful Executive MBA program, afloat. Research Services programs. I am par- jointly administered by the Naval Un- Mr. LOTT. I appreciate the concerns ticularly pleased with the additional dersea Warfare Center (NUWC), New- of the two Senators from Ohio. They funds that have been allocated to the port, Rhode Island and Bryant College, have made a very strong and con- NIST Building and Fire Research Lab- Smithfield, Rhode Island. The funding

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.069 pfrm04 PsN: S15PT2 S11882 CONGRESSIONAL RECORD — SENATE December 15, 2000 will be used to expand the current stu- January 1, 2001. The first Congress of propriations bill, a bill that combines dent enrollment from 30 to 60 Navy per- the new millennium, the 107th Con- the Department of Labor and HHS, the sonnel and to expand and upgrade Bry- gress, will convene on January 3. This Departments of Treasury, Postal, and ant’s technical capabilities. Specifi- historic Congress will find itself at the the legislative branch. This agreement cally, funds will be used to expand and proverbial commencement of the cen- also clears the Department of Com- upgrade Bryant’s network bandwidth tury and a fork in the road. Two very merce, Department of State, and De- to gigabit speed, as well as fund tech- different fiscal paths will lie in front of partment of Justice bill for signature. nological enhancements to Bryant’s it. Discretionary spending in these com- new Bello Center for Information and The path we select will play a major bined bills totals nearly $182 billion. Technology, allowing Executive MBA role in shaping our country’s future in This bill follows the pattern estab- students better access to valuable in- the 21st century. One path maintains lished by most of the previous appro- formation resources. This, in turn, will the fiscal discipline that has marked priations bills considered by the Sen- assist them in their studies at Bryant. the latter half of this decade. It has ate. Its total spending greatly exceeds The $2 million for the expansion of this played an integral part in creating the the standard established by the Senate program will not only allow 30 more longest economic expansion in U.S. his- in the budget resolution adopted in military/government personnel to earn tory. This expansion has created over April of this year. Section 206 of the an MBA at Bryant, but will link those 20 million jobs since 1993. It has re- budget resolution proposed a cap on students with expanded technical re- duced unemployment to a 30-year low discretionary appropriation spending sources at Bryant. This linkage will of 3.9 percent in October of this year. for the fiscal year 2001 at $600 billion. allow Executive MBA students access During all of this, inflation has re- That level would have allowed discre- to all information available within mained at its lowest core rate since tionary spending to grow at a rate that Bryant’s resources and create the capa- 1965. Those are all achievements for was above inflation, a rate of approxi- bility to interact with each other and which we can take considerable pride. mately 3.5 percent. What do we have with other students on and off campus. This first path views the projected before the Senate at 7:15 in the evening Is this description what the conferees budget surplus as a means to continue of December 15? We have a bill which intend? this economic success by continuing to allows spending to grow by 8 percent, Mr. STEVENS. Yes, that is correct. pay down the national debt. more than twice that tolerated under Mr. GRAHAM. Mr. President, I do This first path also recognizes that a the budget resolution. not mean to be the skunk at the picnic portion of the surplus should be used to I admit I support many of the pro- party, but I believe there are some re- address some of the long-time grams funded in this bill, but we must alities to be faced. Those realities are intergenerational challenges which are exercise restraint. We must establish that we are establishing on the last confronting our Nation—securing So- some sense of priorities. I have spoken evening of the 106th Congress some cial Security’s future and modernizing on the Senate floor on several occa- standards that are going to be either Medicaid. Social Security is in fine sions earlier this year to decry specific positive paths towards greater coopera- shape today. Payroll tax revenues ex- appropriations bills as they were being tion in the next Congress or will be im- ceed the funds needed to pay current considered. The common complaint I pediments to achieving success in what benefits by record amounts. have had with each of these bills has will be the most divided National Gov- This positive cash-flow, however, will been that they have been crafted in a ernment in our Nation’s history. not last long. In just 15 years, payroll vacuum without a clearly defined blue- I am afraid what we are doing to- tax revenue will no longer be sufficient print to give Congress the full picture night will not make a positive con- to pay benefits. We need to act now to of the implications of its actions before tribution. The fact is that at 7:08 p.m. strengthen the program’s finances so it acts. It is as if a carpenter about to on a Friday evening, we are taking up that today’s workers and tomorrow’s build a home would start to build the in one enormous piece of legislation—a retirees will have the security of know- living room without any awareness of piece of legislation which dwarfs the ing that their Social Security benefits what the rest of the house was going to New York City telephone directory in will also be paid. look like. size, a piece of legislation which not Medicare faces a similar long-term The budget resolution should have one single Member of this body or the funding shortfall, only it begins 5 years provided exactly such a blueprint. But House of Representatives has ever had earlier, in 2010. In addition, Medicare it has failed to do so. A good part of an opportunity to read. has one substantial deficiency. That is the reason it has failed to do so is that The fact that we are about to adopt its focus on sickness rather than it was developed without the full par- this legislation without the normal de- wellness. Thus, Medicare needs to be ticipation of all Members of the Sen- bate and opportunity to understand fundamentally reformed to conform ate. It was a partisan document, rep- what is in this bill is not a positive with modern medicine and the desires resenting one point of view but not sign because, in my judgment, the of its beneficiaries. That will require providing the context around which all kinds of bipartisan cooperation that we the inclusion in Medicare of a prescrip- Members of this body as reflective of will require in the future are going to tion drug benefit. Virtually every pre- the public of the United States could be based upon respect, understanding, ventive program currently in use has give their support. In addition, it was and a due regard for our constituents prescription drugs as a substantial crafted with wholly unrealistic expec- who also deserve to be served better component of its treatment modality. tations of where we were headed. than we are doing this evening. A portion of the surplus should be de- Let me demonstrate in this chart It also, frankly, has to be based on a voted to fixing these deficiencies in So- back to the year 1997. In 1997, we passed level of trust among Members when cial Security and Medicare. a budget resolution that capped discre- commitments are made, that there is a I just described the first path. There tionary spending at $528 billion; we ac- sense of a solemn obligation. This body is a second path. That alternate path tually spent $538 billion. By 1998, our cannot function, as no human institu- veers off to a far different destination. commitment to fiscal discipline had tion can function, unless there is a fun- That path focuses on short-term de- grown stronger and we only exceeded damental level of trust and regard sires, the here and now, and foregoes the budget resolution by $2 billion. among its membership. This document fiscal discipline in favor of new spend- Since that year, every year, we have does not reflect that trust. ing programs and tax cuts. It views the had substantial deviations from our My fundamental concern about this surplus as a giant windfall to be doled budget resolution. In every year, we appropriations bill, which will expend out to favored constituencies as if have spent substantially more than we approximately $180 billion of our tax- Christmas lasted 365 days. In short, had committed ourselves to do in our payers’ money, is that it takes the this is a path back to the past. budget resolution. wrong fundamental path. This final bill of the 106th Congress To go back to that example of the Contrary to myth, the 21st century represents another step down the carpenter and the house, it is as if the has not begun. The new century will wrong path, the path to the past. The family said: we have a budget. We can actually commence at 12:01 a.m. on Senate is considering the final 2001 ap- afford, based on our income, to build a

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.070 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11883 $100,000 house. But they build a $125,000 areas in my State and virtually every to beat back even these two dem- house which stretches their financial other State, pack up leaving bene- onstration projects. In so doing, they capability. ficiaries without coverage. assured that we would not have a com- This year we had a resolution that Or in other areas, as I recently expe- petitive system, a system that based said we spent $600 billion; with this leg- rienced in the city of Jacksonville, contracts on merit. In fact, they would islation tonight, we will spend $634 bil- HMOs have been driving down the ben- not have to compete at all. In fact, lion. We have overspent our budget by efits within their plans. I found while there would be no basis by demonstra- $34 billion. This chart exposes the fail- working at a pharmacy in Jacksonville tion of what would be the potential ure of our current budget process. Each earlier this year, most of the HMOs in benefits to competition. year we pass a budget resolution which that city have now put a cap on the an- This year the HMOs have launched a establishes limits, and each year we nual payments of prescription drugs, multimillion-dollar lobbying effort to break the resolution. and that cap is $500. As anyone who pressure Congress to increase their The fiscal year 1999 budget resolution knows about the cost of prescription payment rates, and they have been suc- which was supposed to be a spending drugs, a $500 annual limit, particularly cessful. The HMOs are claiming that limit of $533 billion had a final tally of for an elderly population, is a very their current rates are too low, yet $583 billion. In the year 2000, the limit meager benefit. If you take this overly these are the same HMOs that com- was supposed to be $540 billion and the generous additional payment, you have mitted congressional homicide when final tally was $587 billion. As I indi- to make some commitments to the they killed a proposal that would have cated, this year was supposed to be $600 beneficiaries relative to your willing- allowed a more market oriented sys- billion and we have concluded now at ness to stay and serve in the commu- tem which would have resulted in high- $634 billion. nities where you are currently pro- er reimbursement rates if the market The last 3 years highlight the dan- viding services and to maintain your indicated that was appropriate. This is gers of considering spending bills with- service benefit level. None of that is in the equivalent of a man shooting his out a credible budget, one that estab- this final bill. This is a check being mother and father and throwing him- lishes reasonable parameters and re- written with no response, in terms of self on the mercy of the court because sults from the participation of both protection for beneficiaries. he is an orphan. parties. According to the testimony from Worse yet, the bill fails to provide While that is my fundamental objec- Gail Wilensky, chair of the Medicare adequate accountability requirements tion to this budget and why I will re- Payment Advisory Commission, she for these plans. The House bill, when it quest to be counted as voting no when states that plan withdrawals—that is, was originally passed, required that we take the final voice vote on this withdrawals from HMOs: any new funds be used for beneficiary matter, this legislation also includes . . . have been disproportionately lower in improvements. This bill, this con- changes to the Medicare program that counties where payment growth has been the ference bill, contains no such require- will result in greater payments to pro- most constrained. ment. viders. This bill increases payments to What Ms. Wilensky is saying is that To be honest, there are some high Medicare providers by $35 billion over where you have constrained reimburse- points in this bill, as few and far be- the next 5 years, $85 billion over the ments to HMOs, you have less with- tween as they might be. I was pleased next 10 years. My primary objection to drawals than you do where you are, as to learn the bill being considered added these changes is that too much of the we proposed to be in this legislation, new preventive benefits for Medicare $35 billion for the first 5 years and $85 excessively generous. beneficiaries. billion for the next decade is funneled It comes down to priorities. Should I strongly believe Medicare must be into one aspect of the Medicare pro- we spend billions on HMOs or try to reformed from a system based on ill- gram—health maintenance organiza- help frail and low-income seniors, peo- ness to one based on maintaining the tions, HMOs. In my opinion, and more ple with disabilities and children? highest standard of health. I have in- importantly, in the opinion of the ex- The managed care industry and its troduced legislation to this effect. The perts, the HMOs do not need and can- advocates in Congress have thwarted benefits I included were based on rec- not justify the level of additional ap- every effort to reform the ommendations made by the experts in propriations which they are about to Medicare+Choice Program so that it the field: the United States Preventive receive. does what it was designed to do—save Services Task Force. Therefore, I was While I appreciate the modest im- money while providing reliable, effec- disappointed to find that this bill fails provements for beneficiaries which are tive health care services. to provide Medicare coverage for hy- included in this bill, the fact remains A prime example of this occurred al- pertension screening and smoking ces- that HMOs, which enroll less than one most a year ago in this Chamber. In sation counseling, which are the high- out of six Medicare beneficiaries, will 1997, under the Balanced Budget Act, est two priorities as identified by the receive almost one-third of the overall we provided for two demonstration United States Prevention Services funding. I am alarmed by increasing projects to provide for the outrageous Task Force in its ‘‘Guide to Clinical payments to HMOs because we are told idea that there be competitive bidding Preventive Services.’’ by the experts that the payments are among HMOs, to let the marketplace— This bill also provides access to nu- already too high. The General Account- which we all laud as being the best dis- trition therapy for people with renal ing Office says under current law: tributor of resources—let the market- disease and diabetes, but leaves out the Medicare’s overly generous payment rates place decide what should an HMO be largest group of individuals for whom to HMOs well exceed what Medicare would paid. This happens to be the same prac- the Institute of Medicine recommends have paid had these individuals remained in tice which is used in the private sector nutrition therapy, people with cardio- the traditional fee-for-service program. in its selection of HMOs and in some of vascular disease. This is the rec- The General Accounting Office con- the largest public employee HMO ommendation of the Institute of Medi- cluded that Medicare HMOs have never plans. Implementation of such a proc- cine, a recommendation which has been been a bargain for the taxpayers. In- ess had the potential of saving tax- politically rejected. creasing HMO payments will not keep payers and the Medicare program mil- I believe strongly that additions to them from leaving the markets where lions of dollars. It could have ensured the Medicare program must be based they are most needed. that HMOs with the best bids were on scientific evidence and medical One of the several outrages in this awarded contracts. It would have science, not on the power of a par- area is the requests that were made eliminated the discrimination against ticular lobbying group or the bias of a that if we were going to provide this rural and smaller communities vis-a- single Member. It appears to me that generous additional payment to HMOs, vis the large communities which now instead of taking a rational, scientific one-third of the money for less than get the largest HMO reimbursement. approach to prevention, the Members one-sixth of the Medicare beneficiaries, Unfortunately for the American pub- who constructed this Medicare add- that they would have to commit they lic, last year the managed care indus- back provision used a ‘‘disease of the would not, as they have done in many try convinced their friends in Congress month’’ philosophy, leaving those who

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.195 pfrm04 PsN: S15PT2 S11884 CONGRESSIONAL RECORD — SENATE December 15, 2000 need help the most without relevant able to save some dollars. This provi- debt. Americans should care because new Medicare services. sion had nothing to do with the overall we are sleepwalking through the sur- When I asked why did the authors of worthy goals of welfare reform, which plus. We are denying ourselves the this bill ignore the expert rec- were encouraging self-reliance, self-suf- chance to face major national chal- ommendations, why did they provide ficiency, and discouraging single par- lenges. We are leaving to our grand- that seniors with cardiovascular dis- enting. There is no evidence that legal children the credit card bills that our ease could not take advantage of the immigrants come to the United States generation has accumulated. nutrition therapy, what was the an- to secure health benefits. In fact, in The Congressional Budget Office re- swer? I was told that it was excluded the last decade immigrants have been cently released its long-term budget because it was too expensive. moving from high benefit States such outlook. The findings in that report It does not take a Sherlock Holmes, as California and New York to low ben- are not encouraging, but they are not or even a Dr. Watson, to understand efit States such as North Carolina and surprising. That may explain why the what is happening. This bill provides Virginia. report garnered such little attention. $1.5 billion over 5 years for prevention There is also no denying that the What were the Congressional Budget services to our older citizens. It pro- money to cover this population of ap- Office findings? vides a whopping $11.1 billion for the proximately 200,000 persons is available The Federal Government spending on HMO industry. Clearly, the money is if we choose to use it. The proof is cov- health and retirement programs— there but the real goal is not to direct ering children and pregnant women is Medicare, Medicaid, Social Security— it to the greatest need. It is, rather, to not only humane, it is fiscally respon- will dominate the long-term budget herd seniors into HMOs as a means of sible. The Medicare ‘‘give back’’ pack- outlook. Spending on major health and avoiding the addition of a meaningful age is aimed at keeping strapped hos- retirement programs will more than Medicare prescription drug benefit for pitals solvent. These same struggling double, rising from 7.5 percent of gross our Nation’s seniors. hospitals bear the brunt of providing domestic product today to 16.7 percent Whether you believe in the broad uncompensated emergency room care 40 years from now. Why? The retire- Government subsidization of the man- for children without health insurance ment of the baby boom generation will aged care industry or in providing ben- whose families cannot afford to pay. drastically increase the number of efits to seniors and children, we should Taxpayers are eventually going to wind Americans receiving retirement and all agree that taxpayers’ money should up paying the cost of citizen children health care benefits, and the cost of be spent responsibly. This legislation born prematurely because their legal providing health care is growing faster does not meet that test. Congress has immigrant mothers could not get pre- than the overall economy. the responsibility to make certain that natal care. Saving most or all of the budget sur- the payment increases we offer are This bill is disturbing for both what pluses that CBO projects over the next based on actual data rather than anec- it has and what it does not have. As I 10 years—using them to pay down the dotal evidence or speculation. How can said, it does not have a clear blueprint debt—would have a positive impact on we justify that over the next 10 years towards a path of sustained fiscal re- these projections and substantially the managed care industry—Mr. Presi- sponsibility. delay the emergence of a serious fiscal dent, I ask you and our Members to lis- Mr. President, I ask unanimous con- imbalance. ten to this startling fact—over the sent that at the conclusion of my re- There could be no more clear delinea- next 10 years the HMO industry will marks an article written by Dr. Robert tion of the long-term problem. Equally walk away with almost the same Reischauer entitled ‘‘Bye-Bye Surplus’’ clear is the proffered outline of the amount of funding increase as hos- be printed in the RECORD. pitals, home health care centers, The PRESIDING OFFICER. Without short-term steps Congress can take to skilled nursing facilities, community objection, it is so ordered. begin to address this problem: Save the health centers, and the beneficiaries (See Exhibit 1.) surplus; pay down the debt. combined. That allocation makes no Mr. GRAHAM. Dr. Reischauer out- Yet despite the obvious, Congress sense. lines the four ingredients present in to- seems content to take the easier path One of the most appalling omissions day’s political environment that are and to fritter away the surplus. We of this bill is the exclusion of a provi- likely to lead to a feeding frenzy that have an obligation not to let this hap- sion which would have given the States will lay waste to the surplus that we pen. the option, under another important have until now guarded. Those ingredi- The ugly days of deficits taught Con- program, Medicaid and children’s ents are: No. 1, the need for the next gress some very valuable lessons. One health insurance coverage, to make President to affirm his administra- of those lessons was the need to that coverage available to legal immi- tion’s legitimacy; No. 2, even larger prioritize. We all have expectations. grant children and pregnant women. budget provisions; and a compliant We all are representing our constitu- Current census data shows us that Congress, and finally a weakening ents to the best of our ability. We all last year nearly half of low-income im- economy. have a sense of our national responsi- migrant children in America had no Why should we worry about all this? bility. But the tool that forced us to do health coverage. Congressional Repub- Why should we at this stage, at 7:35 on what was required was the one that licans and Democrats, Governors—and a Friday evening, suddenly become ex- said that for each additional dollar of I am proud to say including Gov. Jeb ercised about the issue of fiscal dis- spending, a dollar of spending had to be Bush of the State of Florida, Christie cipline? Some budget observers believe reduced or a dollar of taxes had to be Todd Whitman of New Jersey, Paul the Federal surplus may be revised up- raised. That is what discipline is about. Cellucci of Massachusetts, and the ward by as much as $1 trillion when the The surplus has eroded that dis- Clinton administration—have been ad- new budget estimates are revealed. If cipline. We are failing the American vocating for the inclusion of this com- that is the case, the unified budget sur- public by not having honest, open de- monsense provision in this balanced plus for the next 10 years will rise to bate about the tradeoffs that are nec- budget add-back bill. But some in Con- roughly $5.5 trillion. essary if we create programs, build gress have opposed the inclusion of a Given these larger surplus projec- projects, or cut taxes. provision that will provide health care tions, one may ask why Americans Few Congresses in the history of this coverage for indigent immigrant should be concerned with the deteriora- Nation have squandered their opportu- women and children, arguing that the tion of budget discipline. Americans nities as much as the 106th. Few Con- welfare reform law removed legal im- should worry because Congress is gresses in the history of this Nation migrants from the health rolls. frittering away the hard-won surplus have had the opportunity of redemp- There was a reason why they were re- without a real plan for utilizing those tion that awaits the 107th Congress. moved, and that reason was money. By surpluses, without addressing the long- Few Congresses will be judged more limiting the number of people eligible term, major challenges facing Ameri- harshly for avoiding, trivializing, and for Medicaid and children’s health in- cans—Social Security, Medicare, and ultimately failing to seize that oppor- surance, the Federal Government was paying down a $5.5 trillion national tunity.

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.197 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11885 For those reasons, I have asked that and an easing of the estate tax for struggling skiers to the resort and the region. I be recorded as ‘‘no’’ on the final vote millionaires who have had to suffer through Some have been inclined to suggest on the omnibus appropriations bill. a period of unprecedented prosperity and that skiers and hikers cannot share soaring stock values. I thank the Chair. A weakening economy—the final ingre- Saddleback Mountain, but I have al- EXHIBIT 1 dient—will wipe away any lingering qualms ways maintained that with careful [From the Washington Post, Dec. 5, 2000] lawmakers may have about wallowing again planning, preservation and economic BYE-BYE, SURPLUS in waters of fiscal excess. No matter that the development can coexist. Con- (By Robert D. Reischauer) vast majority of economists welcome slower sequently, I have long urged both sides growth because they believe that the current A president with no mandate to pursue his to work together to find a resolution 4 percent unemployment rate is incompat- campaign promises. A Congress hardened by that satisfies the interests of those ible with price stability. If the unemploy- four years of partisan combat, scarred by a who cherish the Appalachian Trail, as ment rate drifts up close to 5 percent—a bitter election and immobilized by the lack well as those who live and work in the level that labor, business and the Fed consid- of a party with a clear majority. Isn’t this ered unattainable as recently as 1995—the Rangeley Region. the recipe for continued gridlock? Won’t leg- summer soldiers of fiscal prudence will cut Mr. President, the impasse between islative paralysis leave the growing budget and run, slashing taxes and boosting spend- the National Park Service and the surpluses safe from plunder for another two ing, claiming as they retreat that these ac- owners of Saddleback Mountain is years? tions are the only way to save the nation drawing to a close. The agreement so Don’t bet on it. A torrent of legislation from another Great Depression. that squanders much of the projected surplus many have labored to achieve has been The current fiscal year will be the third all but finalized, and with the passage is much more likely than continued grid- consecutive one in which the budget, exclud- lock, because four key ingredients needed to of the bill before us today, Congress ing Social Security, has been in surplus. The will establish the framework by which cook up a fiscal feast of historic proportions last time such a record was achieved was 1928 will all be present next year. to 1930. If the new president and the 107th this matter can be resolved. Included First, there will be the new president’s des- Congress do what comes most naturally, we in the bill is a provision proposed by perate need to affirm his administration’s le- may have to wait another 70 years to cele- me and Senator SNOWE directing the gitimacy. There’s no better way to do this brate such an accomplishment. Worse yet, Secretary of Interior to acquire the than to quickly build a solid record of legis- we will wake up after the fiscal feast to dis- land necessary to protect the Appa- lative accomplishment, one that convinces cover that the surplus has been squandered Americans that the era of partisan gridlock lachian Trail as agreed to by both the while the nation’s foremost fiscal chal- is over and the new occupant of the Oval Of- Department and the owners of lenge—providing for the baby boomers’ re- fice deserves to be president of all the peo- Saddleback Mountain. The language tirement—has not been addressed because ple, even if he didn’t win a convincing major- also directs the Secretary to convey that required difficult choices and political ity of the popular vote. courage. the land to the State of Maine. The second ingredient will be new and even The PRESIDING OFFICER. Under I would like to express my apprecia- larger projections of future surpluses. These the previous order, the conference re- tion to Appropriations Committee will make the president’s legislative agenda Chairman STEVENS and Subcommittee look like the well-deserved reward for a dec- port is agreed to. Chairman SPECTER for working with ade of fiscal fasting rather than a return to Ms. COLLINS. Mr. President, the Ap- reckless budget profligacy. During the presi- palachian National Scenic Trail is a Senator SNOWE and I on this matter of dential campaign, the two candidates de- treasure that thousands of Americans importance to our State. I would also bated how best to divide an estimated $2.2 enjoy every year. From day hikers to like to thank Interior Subcommittee trillion 10-year surplus among tax cuts, adventures making the 2,167 mile trip Chairman GORTON for including the spending increases and debt reduction. The from Georgia to Maine, all who travel Saddleback acquisition in the list of budget offices’ new projections, which will be the footpath enjoy a remarkable wil- projects approved for Title VIII funds released early next year, will almost cer- in the FY 2001 Interior Appropriations tainly promise even fatter, juicier surpluses, derness experience. The National Trails System Act of bill. Their support, along with the dedi- surpluses that will boost the expectations of cation of many others who have been all of the greedy supplicants. 1968 designated the Appalachian Trail Rather than being bound by gridlock, the as one of our nation’s first scenic trails involved in the negotiations, will en- 107th Congress will be poised for a feeding and authorized the Secretary of Inte- sure that skiers and hikers can share frenzy, the third ingredient for the fiscal rior to protect the trail through the ac- in the enjoyment of the natural beauty feast. Nervously eyeing the 2002 election, quisition of land along the trail or by and wonders of Saddleback Mountain when each party will have a reasonable shot other means. Over the years, Congress for generation to come. at gaining effective control of Congress, f Democrats and Republicans will curry favor has supported this important effort with all important—and many not so impor- through appropriations that have en- CORRECTING THE ENROLLMENT tant—interest groups. While the election abled the National Park Service to ac- OF H.R. 4577 campaign underscored the different prior- quire more than 3000 parcels of land, Mr. STEVENS. Mr. President, I ask ities of the two parties, it also revealed protecting ninety-nine percent of the unanimous consent that the Senate many areas where there was bipartisan trail for future generations. proceed to the consideration of S. Con. agreement that more should be spent. Edu- Despite the success of the last thirty Res. 162. cation, the top priority of both candidates years, more work needs to be done to and the public’s primary concern, could ben- The PRESIDING OFFICER. The ensure that the trail is preserved in its efit from a bidding war if each side tries to clerk will report the concurrent resolu- entirety. The longest remaining unpro- prove that it is the ‘‘Education Party.’’ In- tion by title. creases in defense spending also have broad tected segment of the Appalachian The assistant legislative clerk read bipartisan support. And then there is the ir- Trail crosses Saddleback Mountain, in as follows: resistible impulse to shower resources on the Rangeley Region of western Maine. A concurrent resolution (S. Con. Res. 162) health research (NIH), Medicare providers The 3.1 miles that traverse the to direct the Clerk of the House of Rep- and farmers, to name but a few. Saddleback Mountain range is one of resentatives to make a correction in the en- The size of the projected surpluses, the un- the trail’s highest stretches, offering rollment of H.R. 4577. certain political environment, and the argu- ment that those surpluses are ‘‘the hard- hikers an alpine wilderness trek and There being no objection, the Senate working people of America’s money . . . not extraordinary vistas. The mountain is proceeded to consider the concurrent the government’s money’’ will make a large also home to Saddleback Ski Area, resolution. tax cut almost inevitable. No one will stop which draws skiers to an area of Maine Mr. STEVENS. Mr. President, I ask to ask whose money it was when the hard- where many are employed in the tour- unanimous consent that the concur- working people’s representatives racked up ism industry. rent resolution be agreed to and the $3.7 trillion in deficits between 1980 and 1998 For nearly twenty years, the Na- motion to reconsider be laid upon the or whether we owe it to our kids to pay down tional Park Service and the owners of table, all without intervening action or the increased public debt these deficits gen- the ski area have sought an agreement erated. Instead, large bipartisan majorities debate. will rally around and add to a presidential that balances the preservation of the The PRESIDING OFFICER. Without proposal that includes marriage penalty re- trail experience as it exists today and objection, it is so ordered. lief, rate cuts, tax credits for health insur- development opportunities at the The concurrent resolution (S. Con. ance, new incentives for retirement saving, mountain that would draw additional Res. 162) was agreed to, as follows:

VerDate 15-DEC-2000 03:16 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.199 pfrm04 PsN: S15PT2 S11886 CONGRESSIONAL RECORD — SENATE December 15, 2000 S. CON. RES. 162 delay. They all understood that we had enforcement matters and that the sen- Resolved by the Senate (the House of Rep- a substantial problem. ior Senator from Alaska is a stalwart resentatives concurring), That the Clerk of the It is not easy to represent a State supporter of the men and women who House of Representatives, in the enrollment and people who live closer to Tokyo put themselves at risk to protect us of the bill (H.R. 4577), making appropriations than Washington, DC. These people all. I said that I looked forward to en- for the Departments of Labor, Health and really have but three spokesmen in actment of this measure and to seeing Human Services, and Education, and related agencies for the fiscal year ending Sep- Washington compared to the many the extraordinary heroism of our po- tember 2001, and for other purposes, shall that other States have. They rely on us lice, firefighters and correctional offi- make the following correction: to convey their wishes and to convey cers recognized with the Medal of In section 1(a)(4), before the period at the their dilemmas over potential Federal Valor. end, insert the following: ‘‘, except that the actions and to seek solutions. On May 18, 1999, I was privileged to text of H.R. 5666, as so enacted, shall not in- I am delighted we have received the be on the floor of the Senate when we clude section 123 (relating to the enactment cooperation that led to a consensus proceeded to consider S. 39 and passed of H.R. 4904)’’. today that I believe will assist them it unanimously. I took that occasion to Mr. STEVENS. Mr. President, I re- and will start the resolution of this commend Senator STEVENS and all who gret deeply that last concurrent resolu- problem and bring it to a conclusion had worked so hard to move this meas- tion, and at some time in the future I where we can abide by the Magnuson- ure in a timely way. That was over one will explain it. Stevens Act that governs the fisheries year ago, during National Police Week I am awaiting some other papers. For off our shores and, at the same time, last year. The measure was sent to the the time being, let me say this. I have respect the findings that are made House where it lay dormant for the stood on the Senate floor several times under the Endangered Species Act. rest of last year and most of this one. talking about the Steller sea lion prob- I thank Sylvia Matthews, Office of The President of the United States lem. I personally thank Mr. John Pode- Management and Budget; Michael came to Capitol Hill to speak at the sta, the President’s assistant, for talk- Deitch, Office of Management and Law Enforcement Officers Memorial ing to me for so long and working with Budget; Penny Dalton of NOAA; Mark Service on May 15, 2000, and said on our staff and myself for so long, into Childress of Senator DASCHLE’s office; that occasion that if Congress would the early hours this morning and Dave Hoppe of Senator LOTT’s office; not act on the Medal of Valor, he was through the day, to bring about a reso- and Lisa Sutherland and David Russell instructing the Attorney General to lution of the problem I have been dis- of my office for their hard work on the explore ways to award such recognition cussing. issue pertaining to Steller sea lions. by Executive action. I cannot say we won this argument, f Unfortunately, these calls for action but I can say we have reached a conclu- did not waken the House from its slum- sion that will allow a substantial por- PUBLIC SAFETY OFFICER MEDAL ber on this matter and the House of tion, approximately 90 percent, of the OF VALOR ACT OF 2000 Representatives refused to pass the fishermen affected by this issue to re- Mr. STEVENS. Mr. President, I ask Senate-passed Medal of Valor bill. In- turn to fishing next January. These are unanimous consent that the Judiciary stead, over the past year, the House people who live along a stretch of Committee be discharged from further has insisted that the Senate take up, coastline and on islands, as I said, that consideration of H.R. 46 and the Senate fix and pass the House-passed version are the same distance as from this city proceed to its immediate consider- of this measure if it is to become law. to the end of the Florida chain. They ation. House members have indicated that are people who live in very harsh cir- The PRESIDING OFFICER. Without they are now prepared to accept most cumstances and have one basic source objection, it is so ordered. The clerk of the Senate-passed text, but insist of income, and that is fishing. will report the bill by title. that it be enacted under the House bill We have been able now to agree on a The assistant legislative clerk read number. In order to get this important process by which the fishing season as follows: measure to the President, that is what will commence on January 20. Inciden- A bill (H.R. 46) to provide a national medal we are doing today. We are discharging tally, it has nothing to do with the In- for public safety officers who act with ex- the House-passed version of that bill, auguration; it just happens to be the traordinary valor above and beyond the call H.R. 46, from the Judiciary Committee, first day of fishing season. We are de- of duty. adopting a complete substitute, and lighted we have found a way to resolve There being no objection, the Senate sending it back to the House. the conflict. It still means there is a proceeded to consider the bill. I have worked with Senator HATCH, long hard task ahead of not only this Mr. LEAHY. Mr. President, today we Senator STEVENS and others to perfect Secretary of Commerce and his per- consider three bipartisan measures of- the final version of this bill. We have sonnel but the next Secretary of Com- fered together as a package: the Public crafted bipartisan improvements to en- merce and personnel to carry out the Safety Officer Medal of Valor Act, H.R. sure that the Medal of Valor Board will agreement we have crafted and to see 46; the Computer Crime Enforcement worked effectively and efficiently with that it works. Act, which I introduced as S. 1314, on the National Medal of Valor Office I am pleased to say we have had a July 1, 1999, with Senator DEWINE and within the Department of Justice. Our great many people who have assisted is now also co-sponsored by Senators legislation establishes both of these en- us. As I said earlier, the distinguished ROBB, HATCH and ABRAHAM; and a tities and it is essential that they work majority leader and minority leader Hatch-Leahy-Schumer ‘‘Internet Secu- well together to design the Medal of were personally involved, as were their rity Act’’ amendment. I thank my col- Valor and to create the criteria and staffs, along with the staff of the As- leagues for their hard work on these procedures for recommendations of sistant to the President, and the Office pieces of legislation, each of which I nominees for the award. The men and of Management and Budget. I cannot will discuss in turn. women who will be honored by the leave out, and would not leave out, the I support the Public Safety Officer Medal of Valor for their brave deeds de- distinguished chairman of the House Medal of Valor Act. I cosponsored the serve nothing less. Appropriations Committee, the Honor- Stevens bill, S. 39, to establish a Public The information age is filled with un- able BILL YOUNG, a Representative Safety Medal of Valor. In April and limited potential for good, but it also from Florida, who waited for this reso- May, 1999, I made sure that the Senate creates a variety of new challenges for lution. acted on Senator STEVENS’ bill, S. 39. law enforcement. A recent survey by I know it was a harsh task he had, On April 22, 1999, the Senate Judici- the FBI and the Computer Security In- and there are many Members in both ary Committee took up that measure stitute found that 62 percent of infor- the House and Senate who were incon- in regular order and reported it unani- mation security professionals reported venienced by this delay. I can only mously. At that time I congratulated computer security breaches in the past thank them for their cooperation. As I Senator STEVENS and thanked him for year. These breaches in computer secu- have said before, not one Member of his leadership. I noted that we had rity resulted in financial losses of more Congress argued with me about the worked together on a number of law than $120 million from fraud, theft of

VerDate 15-DEC-2000 03:16 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.073 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11887 information, sabotage, computer vi- ward to our discussion of these privacy Senators HATCH and SCHUMER for work- ruses, and stolen laptops. Computer issues in the next Congress. ing with me and other Members of the crime has become a multi-billion dollar The Computer Crime Enforcement Judiciary Committee to address some problem. Act is intended to help states and local of the serious concerns we had with the Many of us have worked on these agencies in fighting computer crime. first iteration of their bill, S. 2448, as it issues for years. In 1984, we passed the All 50 states have now enacted tough was originally introduced. Computer Fraud and Abuse Act to computer crime control laws. They es- Specifically, as introduced, S. 2448 criminalize conduct when carried out tablish a firm groundwork for elec- would have over-federalized minor by means of unauthorized access to a tronic commerce, an increasingly im- computer abuses. Currently, federal ju- computer. In 1986, we passed the Elec- portant sector of the nation’s economy. risdiction exists for a variety of com- tronic Communications Privacy Act Unfortunately, too many state and puter crimes if, and only if, such crimi- (ECPA), which I was proud to sponsor, local law enforcement agencies are nal offenses result in at least $5,000 of to criminalize tampering with elec- struggling to afford the high cost of en- damage or cause another specified in- tronic mail systems and remote data forcing their state computer crime jury, including the impairment of med- processing systems and to protect the statutes. Earlier this year, I released a ical treatment, physical injury to a privacy of computer users. In 1994, the survey on computer crime in Vermont. person or a threat to public safety. S. Violent Crime Control and Law En- My office surveyed 54 law enforcement 2448, as introduced, would have elimi- forcement Act included the Computer agencies in Vermont—43 police depart- nated the $5,000 jurisdictional thresh- Abuse Amendments which I authored ments and 11 State’s attorney offices— old and thereby criminalized a variety to make illegal the intentional trans- on their experience investigating and of minor computer abuses, regardless mission of computer viruses. prosecuting computer crimes. The sur- of whether any significant harm re- In the 104th Congress, Senators KYL, vey found that more than half of these sulted. GRASSLEY and I worked together to Vermont law enforcement agencies en- For example, if an overly-curious col- enact the National Information Infra- counter computer crime, with many lege sophomore checks a professor’s structure Protection Act to increase police departments and state’s attor- unattended computer to see what grade protection under federal criminal law ney offices handling 2 to 5 computer he is going to get and accidently de- for both government and private com- crimes per month. letes a file or a message, current Fed- puters, and to address an emerging Despite this documented need, far eral law does not make that conduct a problem of computer-age blackmail in too many law enforcement agencies in crime. That conduct may be cause for which a criminal threatens to harm or Vermont cannot afford the cost of po- discipline at the college, but not for shut down a computer system unless licing against computer crimes. Indeed, the FBI to swoop in and investigate. their extortion demands are met. In my survey found that 98 percent of the Yet, under the original S. 2448, as in- the 105th Congress, Senators KYL and I responding Vermont law enforcement troduced, this unauthorized access to also worked together on criminal copy- agencies do not have funds dedicated the professor’s computer would have right amendments that became law to for use in computer crime enforcement. constituted a federal crime. enhance the protection of copyrighted My survey also found that few law en- Another example is that of a teenage works online. forcement officers in Vermont are hacker, who plays a trick on a friend The Congress must be constantly properly trained in investigating com- by modifying the friend’s vanity Web vigilant to keep the law up-to-date puter crimes and analyzing cyber-evi- page. Under current law, no federal with technology. The Computer Crime dence. crime has occurred. Yet, under the Enforcement Act, S. 1314, and the According to my survey, 83 percent of original S. 2448, as introduced, this Hatch-Leahy-Schumer ‘‘Internet Secu- responding law enforcement agencies conduct would have constituted a fed- rity Act’’ amendment are part of that in Vermont do not employ officers eral crime. ongoing effort. These complementary properly trained in computer crime in- As America Online correctly noted in pieces of legislation reflect twin-track vestigative techniques. Moreover, my a June, 2000 letter, ‘‘eliminating the progress against computer crime: More survey found that 52 percent of the law $5,000 threshold for both criminal and tools at the federal level and more re- enforcement agencies that handle one civil violations would risk criminal- sources for local computer crime en- or more computer crimes per month izing a wide range of essentially benign forcement. The fact that this is a bi- cited their lack of training as a prob- conduct and engendering needless liti- partisan effort is good for technology lem encountered during investigations. gation. . . .’’ Similarly, the Internet policy. Without the necessary education, Alliance commented in a June, 2000 let- But make no mistake about it: even training and technical support, our law ter that ‘‘[c]omplete abolition of the with passage of this legislation, there enforcement officers are and will con- limit will lead to needless federal pros- is more work to be done—both to assist tinue to be hamstrung in their efforts ecution of often trivial offenses that law enforcement and to safeguard the to crack down on computer crimes. can be reached under state law....’’ privacy and other important constitu- I crafted the Computer Crime En- Those provisions were overkill. Our tional rights of our citizens. I wish forcement Act, S. 1314, to address this federal laws do not need to reach each that the Congress had also tackled on- problem. The bill would authorize a $25 and every minor, inadvertent and line privacy in this session, but that million Department of Justice grant harmless computer abuse—after all, will now be punted into the next con- program to help states prevent and each of the 50 states has its own com- gressional session. prosecute computer crime. Grants puter crime laws. Rather, our federal The legislation before us today does under our bipartisan bill may be used laws need to reach those offenses for not attempt to resolve every issue. For to provide education, training, and en- which federal jurisdiction is appro- example, both the Senate and the forcement programs for local law en- priate. House held hearings this session about forcement officers and prosecutors in Prior Congresses have declined to the FBI’s Carnivore program. Carni- the rapidly growing field of computer over-federalize computer offenses as vore is a computer program designed to criminal justice. Our legislation has originally proposed in S. 2448, as intro- advance criminal investigations by been endorsed by the Information duced, and sensibly determined that capturing information in Internet com- Technology Association of America not all computer abuses warrant fed- munications pursuant to court orders. and the Fraternal Order of Police. This eral criminal sanctions. When the com- Those hearings sparked a good debate is an important bipartisan effort to puter crime law was first enacted in about whether advances in technology, provide our state and local partners in 1984, the House Judiciary Committee like Carnivore, require Congress to crime-fighting with the resources they reporting the bill stated: pass new legislation to assure that our need to address computer crime. The Federal jurisdictional threshold is private Internet communications are The Internet Security Act of 2000 that there must be $5,000 worth of benefit to protected from government over-reach- makes progress to ensure that we are the defendant or loss to another in order to ing while protecting the government’s properly dealing with the increase in concentrate Federal resources on the more right to investigate crime. I look for- computer crime. I thank and commend substantial computer offenses that affect

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.102 pfrm04 PsN: S15PT2 S11888 CONGRESSIONAL RECORD — SENATE December 15, 2000 interstate or foreign commerce. (H.Rep. 98– pairs the medical care of another per- tion note 2), and will help reconcile 894, at p. 22, July 24, 1984). son, (3) causes physical injury to an- procedures by which prosecutors value Similarly, the Senate Judiciary Com- other person, (4) threatens public loss for charging purposes and by mittee under the chairmanship of Sen- health or safety, or (5) causes damage which judges value loss for sentencing ator THURMOND, rejected suggestions in affecting a computer system used by or purposes. Getting this type of true ac- 1986 that ‘‘the Congress should enact as for a government entity in furtherance counting of ‘‘loss’’ is important be- sweeping a Federal statute as possible of the administration of justice, na- cause loss amounts can be used to cal- so that no computer crime is poten- tional defense, or national security. culate restitution and to determine the tially uncovered.’’ (S. Rep. 99–432, at p. The amendment clarifies the precise appropriate sentence for the perpe- 4, September 3, 1986). elements of the offense the government trator under the sentencing guidelines. The Hatch-Leahy-Schumer sub- must prove in order to establish a vio- Fourth, section 303(e) of the Hatch- stitute amendment to S. 2448, which lation by moving these prerequisites Leahy-Schumer Internet Security Act was reported unanimously by the Judi- from the current definition of ‘‘dam- amendment to H.R. 46 clarifies the ciary Committee on October 5th, ad- age’’ to the description of the offense. grounds for obtaining damages in civil dresses those federalism concerns by In addition, the amendment creates a actions for violations of the Computer retaining the $5,000 jurisdictional new category of felony violations Fraud and Abuse Act. Current law au- threshold in current law. That Com- where a hacker causes damage to a thorizes a person who suffers ‘‘damage mittee-reported substitute amend- computer system used by or for a gov- or loss’’ from a violation of section 1030 ment, with the additional refinements ernment entity in furtherance of the to sue the violator for compensatory reflected in the Hatch-Leahy-Schumer administration of justice, national de- damages or injunctive or other equi- Internet Security Act amendment to fense, or national security. table relief, and limits the remedy to H.R. 46, which the Senate considers Currently, the Computer Fraud and ‘‘economic damages’’ for violations today, makes other improvements to Abuse Act provides for federal criminal ‘‘involving damage as defined in sub- the original bill and current law, as penalties for those who intentionally section (e)(8)(A),’’ relating to viola- summarized below. access a protected computer or cause tions of 1030(a)(5) that cause loss aggre- First, titles II, III, IV and V of the an unauthorized transmission to a pro- gating at least $5,000 during any 1-year original bill, S. 2448, about which var- tected computer and cause damage. period. Current law does not contain a ious problems had been raised, are ‘‘Protected computer’’ is defined to in- definition of ‘‘loss,’’ which is being eliminated. For example, title V of the clude those that are ‘‘used in interstate added by this amendment. original bill would have authorized the or foreign commerce.’’ See 18 U.S.C. To take account of both the new defi- Justice Department to enter into Mu- 1030(e)(2)(B). The amendment would nition of ‘‘loss’’ and the incorporation tual Legal Assistance Treaties (MLAT) clarify the definition of ‘‘protected of the requisite jurisdictional thresh- olds into the description of the offense with foreign governments that would computer’’ to ensure that computers (rather than the current definition of allow the Attorney General broad dis- which are used in interstate or foreign ‘‘damage’’), the amendment to sub- cretion to investigate lawful conduct commerce but are located outside of section (g) makes several changes. in the U.S. at the request of foreign the United States are included within the definition of ‘‘protected computer’’ First, the amendment strikes the ref- governments without regard to wheth- erence to subsection (e)(8)(A) in the when those computers are used in a er the conduct investigated violates current civil action provision and re- manner that affects interstate or for- any Federal computer crime law. In my tains Congress’ previous intent to eign commerce or communication of view, that discretion was too broad and allow civil plaintiffs only economic this country. This will ensure that our troubling. damages for violations of section Second, the amendment includes an government will be able to conduct do- 1030(a)(5) that do not also affect med- authorization of appropriations of $5 mestic investigations and prosecutions ical treatment, cause physical injury, million to the Computer Crime and In- against hackers from this country who threaten public health and safety or af- tellectual Property (CCIP) section hack into foreign computer systems fect computer systems used in further- within the Justice Department’s Crimi- and against those hacking though the ance of the administration of justice, nal Division and requires the Attorney United States to other foreign venues. the national defense or national secu- General to make the head of CCIP a Moreover, by clarifying the fact that a rity. ‘‘Deputy Assistant Attorney General,’’ domestic offense exists, the United Second, the amendment clarifies that which is not a Senate-confirmed posi- States will be able to use speedier do- civil actions under section 1030, and tion, in order to highlight the increas- mestic procedures in support of inter- not just 1030(a)(5), are limited to con- ing importance and profile of this posi- national hacker cases, and create the duct that involves one of the factors tion. This authorized funding level is option of prosecuting such criminals in enumerated in new subsection (a)(5)(B), consistent with an amendment I spon- the United States. namely, the conduct (1) causes loss to 1 sored and circulated to Members of the The amendment also adds a defini- or more persons during any 1-year pe- Judiciary Committee to improve S. tion of ‘‘loss’’ to the Computer Fraud riod aggregating at least $5,000 in 2448 and am pleased to see it incor- and Abuse Act. Current law defines the value, (2) impairs the medical care of porated into the Internet Security Act term ‘‘damage’’ to include impairment another person, (3) causes physical in- amendment to H.R. 46. of the integrity or availability of data, jury to another person, (4) threatens Third, the amendment modifies sec- programs, systems or information public health or safety, or (5) causes tion 1030 of title 18, United States causing a ‘‘loss aggregating at least damage affecting a computer system Code, in several important ways, in- $5,000 in value during any 1-year period used by or for a government entity in cluding providing for increased and en- to one or more individuals.’’ See 18 furtherance of the administration of hanced penalties for serious violations U.S.C. § 1030(e)(8)(A). The new defini- justice, national defense, or national of federal computer crime laws, clari- tion of ‘‘loss’’ to be added as section security. This clarification is con- fying the definitions of ‘‘loss’’ to en- 1030(e)(11) will ensure that the full sistent with judicial constructions of sure that the full costs to a hacking costs to victims of responding to hack- the statute, requiring proof of the victim are taken into account and of ing offenses, conducting damage as- $5,000 loss threshold as a prerequisite ‘‘protected computer’’ to facilitate in- sessments, restoring systems and data for civil suit, for example, under sub- vestigations of international computer to the condition they were in before an section 1030(a)(2)(C). See, e.g., America crimes affecting the United States, and attack, as well as lost revenue and Online, Inc. v. LCGM, Inc., 46 F.Supp. 2d preserving the existing $5,000 threshold costs incurred because of an interrup- 444, 450 (E.D. Va. 1998) (court granted and other jurisdictional prerequisites tion in service, are all counted. This summary judgment on claim under for violations of section 1030(a)(5)—i.e., statutory definition is consistent with 1030(a)(2)(C), stating, ‘‘[p]laintiff as- no Federal crime has occurred unless the definition of ‘‘loss’’ appended by serts that as a result of defendants’ ac- the conduct (1) causes loss to 1 or more the U.S. Sentencing Commission to the tions, it suffered damages exceeding persons during any 1-year period aggre- Federal Sentencing Guidelines (see $5,000, the statutory threshold require- gating at least $5,000 in value, (2) im- U.S.S.G. § 2B1.1 Commentary, Applica- ment’’).

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.104 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11889 While proof of ‘‘loss’’ is required, this software. See, e.g., Shaw v. Toshiba ment that I urged since juvenile adju- amendment preserves current law that America Information Systems, Inc., NEC, dications simply are not criminal con- civil enforcement of certain violations 91 F.Supp. 2d 926 (E.D. TX 1999) (court victions. Juvenile proceedings are of section 1030 is available without re- interpreted the term transmission to more informal than adult prosecutions quiring proof of ‘‘damage,’’ which is de- include sale of computers with a minor and are not subject to the same due fined in the amendment to mean ‘‘any design defect). process protections. Consequently, impairment to the integrity or avail- The Hatch-Leahy-Schumer Internet counting juvenile adjudications as a ability of data, a program, a system, or Security Act amendment to subsection prior conviction for purposes of the re- information.’’ In fact, only subsection 1030(g) is intended to ensure that the cidivist sanctions under the amend- 1030(a)(5) requires proof of ‘‘damage’’; civil remedy is a robust option for pri- ment would be unduly harsh and un- civil enforcement of other subsections vate enforcement actions, while lim- fair. In any event, prior juvenile delin- of this law may proceed without such iting its applicability to negligence quency adjudications are already sub- proof. Thus, only the factors enumer- cases that are more appropriately gov- ject to sentencing enhancements under ated in new subsection (a)(5)(B), and erned by contractual warranties, state certain circumstances under the Sen- not its introductory language referring tort law and consumer protection laws. tencing Guidelines. See, e.g., U.S.S.G. § to conduct described in subsection Fifth, sections 304 and 309 of the 411.2(d) (upward adjustments in sen- (a)(5)(A), constitute threshold require- Hatch-Leahy-Schumer Internet Secu- tences required for each juvenile sen- ments for civil suits for violations of rity Act amendment to H.R. 46 author- tence to confinement of at least sixty section 1030 other than subsection ize criminal forfeiture of computers, days and for each juvenile sentence im- 1030(a)(5). equipment, and other personal prop- posed within five years of the defend- Finally, the amendment adds a new erty used to violate the Computer ant’s commencement of instant of- sentence to subsection 1030(g) clari- Fraud and Abuse Act, as well as real fense). fying that civil actions may not be and personal property derived from the Seventh, the amendment changes a brought ‘‘for the negligent design or proceeds of computer crime. Property, current directive to the Sentencing manufacture of computer hardware, both real and personal, which is de- Commission enacted as section 805 of computer software, or firmware.’’ rived from proceeds traceable to a vio- the Antiterrorism and Effective Death The Congress provided this civil rem- lation of section 1030, is currently sub- Penalty Act of 1996, P.L. 104–132, that edy in the 1994 amendments to the Act, ject to both criminal and civil for- imposed a 6-month mandatory min- which I originally sponsored with Sen- feiture. See 18 U.S.C. § 981(a)(1)(C) and imum sentence for any conviction of ator Gordon Humphrey, to enhance pri- 982(a)(2)(B). Thus, the amendment the sections 1030(a)(4) or (a)(5) of title 18, United States code. The Adminis- vacy protection for computer commu- would clarify in section 1030 itself that tration has noted that ‘‘[i]n some in- nications and the information stored forfeiture applies and extend the appli- stances, prosecutors have exercised on computers by encouraging institu- cation of forfeiture to property that is their discretion and elected not to tions to improve computer security used or intended to be used to commit charge some defendants whose actions practices, deterring unauthorized per- or to facilitate the commission of a otherwise would qualify them for pros- sons from trespassing on computer sys- computer crime. In addition, to deter ecution under the statute, knowing tems of others, and supplementing the and prevent piracy, theft and counter- that the result would be mandatory resources of law enforcement in com- feiting of intellectual property, the imprisonment.’’ Clearly, mandatory bating computer crime. [See The Com- section 309 of the amendment allows imprisonment is not always the most puter Abuse Amendments Act of 1990: forfeiture of devices, such as appropriate remedy for a federal crimi- Hearing Before the Subcomm. On Tech- replicators or other devices used to nal violation, and the ironic result of nology and the Law of the Senate copy or produce computer programs to this ‘‘get tough’’ proposal has been to Comm. On the Judiciary, 101st Cong., which counterfeit labels have been af- discourage prosecutions that might 2nd Sess., S. Hrg. 101–1276, at pp. 69, 88, fixed. otherwise have gone forward. The 92 (1990); see also Statement of Senator The criminal forfeiture provision in amendment eliminates that mandatory Humphrey, 136 Cong. Rec. S18235 (1990) section 304 specifically states that only minimum term of incarceration for (‘‘Given the Government’s limited ca- the ‘‘interest of such person,’’ referring misdemeanor and less serious felony pacity to pursue all computer crime to the defendant who committed the computer crimes. cases, the existence of this limited computer crime, is subject to for- Eighth, section 310 of the amendment civil remedy will serve to enhance de- feiture. Moreover, the criminal for- directs the Sentencing Commission to terrence in this critical area.’’)]. The feiture authorized by Sections 304 and review and, where appropriate, adjust ‘‘new, civil remedy for those harmed by 309 is made expressly subject to Sec- sentencing guidelines for computer violations of the Computer Fraud and tion 413 of the Comprehensive Drug crimes to address a variety of factors, Abuse Act’’ was intended to ‘‘boost the Abuse Prevention and Control Act of including to ensure that the guidelines deterrence of the statute by allowing 1970, but subsection (d) of section 413 is provide sufficiently stringent penalties aggrieved individuals to obtain relief.’’ expressly exempted from application to to deter and punish persons who inten- [S. Rep. No. 101–544, 101st Cong., 2d Section 304 and 309. That subsection (d) tionally use encryption in connection Sess., p. 6–7 (1990); see also Statement creates a rebuttable presumption of with the commission or concealment of of Senator LEAHY, 136 Cong. Rec. S18234 forfeiture in favor of the government criminal acts. (1990)]. We certainly and expressly did where a person convicted of a felony The Sentencing Guidelines already not want to ‘‘open the floodgates to acquired the property during the period provide for enhanced penalties when frivolous litigation.’’ [Statement of that the crime was committed or with- persons obstruct or impede the admin- Senator LEAHY, 136 Cong. Rec. S4614 in a reasonable time after such period istration of justice, see U.S.S.G. §3C1.1, (1990)]. and there was no likely source for such or engage in more than minimal plan- At the time the civil remedy provi- property other than the criminal viola- ning, see U.S.S.G. §2B1.1(b)(4)(A). As sion was added to the Computer Fraud tion. Thus, by making subsection (d) the use of encryption technology be- and Abuse Act, this Act contained no inapplicable, Sections 304 and 309 make comes more widespread, additional prohibition against negligently causing it more difficult for the government to guidance from the Sentencing Commis- damage to a computer through unau- prove that the property should be for- sion would be helpful to determine the thorized access, reflected in current feited. circumstances when such encryption law, 18 U.S.C. § 1030(a)(5)(C). That pro- Sixth, unlike the version reported by use would warrant a guideline adjust- hibition was added only with subse- the Judiciary Committee, the amend- ment. For example, if a defendant em- quent amendments made in 1996, as ment does not require that prior delin- ploys an encryption product that part of the National Information Infra- quency adjudications of juveniles for works automatically and transparently structure Protection Act. Nevertheless, violations of the Computer Fraud and with a telecommunications service or the civil remedy has been interpreted Abuse Act be counted under the defini- software product, an enhancement for in some cases to apply to the negligent tion of ‘‘conviction’’ for purposes of en- use of encryption may not be appro- manufacture of computer hardware or hanced penalties. This is an improve- priate, while the deliberate use of

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.105 pfrm04 PsN: S15PT2 S11890 CONGRESSIONAL RECORD — SENATE December 15, 2000 encryption as part of a sophisticated Secret Service was authorized to inves- quiring disclosure of the records or and intricate scheme to conceal crimi- tigate all violations of Section 1030. other evidence. 18 U.S.C. § 2703(f). Sec- nal activity and make the offense, or According to the 1996 Committee Re- tion 2707(e)(1), which describes the cir- its extent, difficult to detect, may war- ports of the 104th Congress, 2nd Ses- cumstances under which a person or rant a guideline enhancement either sion, the 1996 amendments attempted entity would have a complete defense under existing guidelines or a new to concentrate the Secret Service’s ju- to civil or criminal liability, fails to guideline. risdiction on certain subsections con- identify good faith reliance on a gov- Ninth, the Hatch-Leahy-Schumer sidered to be within the Secret Serv- ernmental request pursuant to Section Internet Security Act amendment to ice’s traditional jurisdiction and not 2703(f) as another basis for a complete H.R. 46 would eliminate certain statu- grant authority in matters with a na- defense. Section 307 modifies current tory restrictions on the authority of tional security nexus. According to the law by addressing this omission and ex- the United States Secret Service Administration, which first proposed pressly providing that a person or enti- (″Secret Service’’). Under current law, the elimination of these statutory re- ty who acts in good faith reliance on a the Secret Service is authorized to in- strictions in connection with trans- governmental request pursuant to Sec- vestigate offenses under six designated mittal of its comprehensive crime bill, tion 2703(f) also has a complete defense subsections of 18 U.S.C. § 1030, subject the ‘‘21st Century Law Enforcement to civil and criminal liability. to agreement between the Secretary of and Public Safety Act,’’ however, these Finally, the bill authorizes construc- the Treasury and the Attorney Gen- specific enumerations of investigative tion and operation of a National Cyber eral: subsections (a)(2)(A) (illegally ac- authority ‘‘have the potential to com- Crime Technical Support Center and 10 cessing a computer and obtaining fi- plicate investigations and impede regional computer forensic labs that nancial information); (a)(2)(B) (ille- interagency cooperation.’’ (See Sec- will provide education, training, and gally accessing a computer and obtain- tion-by-section Analysis, SEC. 3082, for forensic examination capabilities for ing information from a department or ‘‘21st Century Law Enforcement and State and local law enforcement offi- agency of the United States); (a)(3) (il- Public Safety Act’’). cials charged with investigating com- legally accessing a non-public com- The current restrictions, for exam- puter crimes. The section authorizes a puter of a department or agency of the ple, risk hindering the Secret Service total of $100 million for FY 2001, of United States either exclusively used from investigating ‘‘hacking’’ into which $20 million shall be available by the United States or used by the White House computers or inves- solely for the 10 regional labs and United States and the conduct affects tigating threats against the President would complement the state computer that use by or for the United States); that may be delivered by such a ‘‘hack- crime grant bill, S. 1314, with which (a)(4) (accessing a protected computer er,’’ and fulfilling its mission to pro- this bill is offered. with intent to defraud and thereby fur- tect financial institutions and the na- AMENDMENT NO. 4366 tion’s financial infrastructure. The thering the fraud and obtaining a thing (Purpose: To enhance computer crime en- of value, unless the object of the fraud provision thus modifies existing law to forcement and Internet security, and for and the thing obtained consists only of restore the Secret Service’s authority other purposes) the use of the computer and the value to investigate violations of Section Mr. STEVENS. Mr. President, Sen- of such use is not more than $5,000 in a 1030, leaving it to the Departments of ator HATCH has an amendment which is one-year period); (a)(5) (knowingly Treasury and Justice to determine be- at the desk. causing the transmission of a program, tween them how to allocate workload The PRESIDING OFFICER. The information, code or command and and particular cases. This arrangement clerk will report. thereby intentionally and without au- is consistent with other jurisdictional The assistant legislative clerk read thorization causing damage to a pro- grants of authority to the Secret Serv- as follows: ice. See, e.g., 18 U.S.C. §§ 1029(d), tected computer; and illegally access- The Senator from Alaska [Mr. STEVENS], ing a protected computer and causing 3056(b)(3). for Mr. HATCH, proposes an amendment num- damage recklessly or otherwise); and Tenth, section 307 of the Hatch- bered 4366. Leahy-Schumer Internet Security Act (a)(6) (trafficking in a password with (The text of the amendment is print- amendment would provide an addi- intent to defraud). ed in today’s RECORD under ‘‘Amend- tional defense to civil actions relating Under current law, the Secret Serv- ments Submitted.’’) to preserving records in response to ice is not authorized to investigate of- Mr. STEVENS. Mr. President, I ask government requests. Current law au- fenses under subsection (a)(1) (access- unanimous consent that the amend- thorizes civil actions and criminal li- ing a computer and obtaining informa- ment be agreed to. ability for unauthorized interference tion relating to national security with The PRESIDING OFFICER. Without with or disclosures of electronically reason to believe the information could objection, it is so ordered. stored wire or electronic communica- be used to the injury of the United The amendment (No. 4366) was agreed tions under certain circumstances. 18 States or to the advantage of a foreign to. nation and willfully retaining or trans- U.S.C. §§ 2701, et seq. A provision of Mr. STEVENS. Mr. President, I ask mitting that information or attempt- that statutory scheme makes clear unanimous consent that the bill, as ing to do so); (a)(2)(C) (illegally access- that it is a complete defense to civil amended, be read the third time and ing a protected computer and obtaining and criminal liability if the person or passed, the motion to reconsider be information where the conduct in- entity interfering with or attempting laid upon the table, the amendment to volves an interstate or foreign commu- to disclose a communication does so in the title be agreed to, and any state- nication); and (a)(7) (transmitting a good faith reliance on a court warrant ments relating to the bill be printed in or order, grand jury subpoena, legisla- threat to damage a protected computer the RECORD. with intent to extort). tive or statutory authorization. 18 The PRESIDING OFFICER. Without The Internet Security Act removes U.S.C. § 2707(e)(1). objection, it is so ordered. Current law, however, does not ad- these limitations on the authority of The bill (H.R. 46), as amended, was dress one scenario under which a per- the Secret Service and authorizes the read the third time and passed. son or entity might also have a com- Secret Service to investigate any of- The title was amended so as to read: fense under Section 1030 relating to its plete defense. A provision of the same statutory scheme currently requires To provide a national medal for public jurisdiction under 18 U.S.C. § 3056 and safety officers who act with extraordinary subject to agreement between the Sec- providers of wire or electronic commu- valor above and beyond the call of duty, to retary of the Treasury and the Attor- nication services and remote com- enhance computer crime enforcement and ney General. This provision also makes puting services, upon request of a gov- Internet security, and for other purposes. clear that the FBI retains primary au- ernmental entity, to take all necessary f thority to investigate offenses under steps to preserve records and other evi- subsection 1030(a)(1). dence in its possession for a renewal MAKING TECHNICAL CORRECTIONS Prior to 1996 amendments to the period of 90 days pending the issuance Mr. STEVENS. Mr. President, I ask Computer Fraud and Abuse Act, the of a court order or other process re- unanimous consent that the Judiciary

VerDate 15-DEC-2000 02:57 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.106 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11891 Committee be discharged from further football team to the National Cham- security, he was recognized as one of consideration of S. 3276 and the Senate pionship game. I am tremendously the most able and productive members proceed to its immediate consider- proud of the achievements of a fellow of the Armed Services Committee. He ation. South Dakotan and Aberdeen Central worked hard to develop and maintain a The PRESIDING OFFICER. Without graduate. bipartisan consensus on national secu- objection, it is so ordered. The clerk I am not the first and certainly will rity policy. For Bill Cohen, partisan will report the bill by title. not be the last to praise Josh for his politics—in the words of the famous The assistant legislative clerk read accomplishments. Josh passed for 3,392 Republican senator from Michigan, as follows: yards and 20 touchdowns this season Senator Arthur Vandenberg—‘‘stopped A bill (S. 3276) to make technical correc- and led his team through a difficult at the water’s edge.’’ tions to the College Scholarship Fraud Pre- schedule of worthy opponents. It is no Fortunately, the President recog- vention Act of 2000 and certain amendments surprise that Josh received so many nized the wealth of knowledge and ex- made by that Act. honors this year: he was named Player perience Bill had developed during his There being no objection, the Senate of the Year by the Walter Camp Foot- service in the Congress. proceeded to consider the bill. ball Foundation; College Football Bill Cohen also had the good fortune Mr. STEVENS. I commend the cur- Player of the Year by the Associated of being the son of parents he loved and rent occupant of the chair who intro- Press; and College Football Player of admired. That gave him inner strength. duced this measure. the Year by the Sporting News. In December 1996, he was nominated Mr. President, I ask unanimous con- Most recently he was the runner-up to be Secretary of Defense and was sent that the bill be read the third for the Heisman Trophy, South Dako- promptly confirmed by the Senate. time and passed, the motion to recon- ta’s first Heisman Finalist. While he When Bill Cohen accepted the nomi- sider be laid upon the table, and any may have felt some disappointment in nation, he undestood the extraordinary statements relating to the bill be not winning, Josh handled himself with challenges that lay ahead. He under- printed in the RECORD. the maturity and grace that has mold- stood that he would be responsible for The PRESIDING OFFICER. Without ed him into a fine young leader and al- a department and for military services objection, it is so ordered. lows him to put team accomplishments that had undergone, and were under- The bill (S. 3276) was read the third and goals before his personal feats. going, the most significant reduction time and passed, as follows: I believe Josh’s success at the na- in force and personnel and equipment S. 3276 tional level is the result of natural in almost thirty years. The problems associated with these Be it enacted by the Senate and House of Rep- ability coupled with hard work and resentatives of the United States of America in drive. But he has not been content with reductions were compounded by in- Congress assembled, excellence simply in the athletic creasing operational commitments. SECTION 1. TECHNICAL CORRECTIONS TO THE realm. He has also committed himself Comparing the period between the end COLLEGE SCHOLARSHIP FRAUD to civic duty, visiting sick children in of the Vietnam War and the beginning PREVENTION ACT OF 2000. hospitals and coordinating food drives, of Operation Desert Storm to the pe- (a) SENTENCING ENHANCEMENT GUIDE- and has been a dedicated student. More riod between Operation Desert Storm LINES.—Section 3 of the College Scholarship than that, he lives by ideals instilled in to today, these commitments have in- Fraud Prevention Act of 2000 (Public Law creased by over 400 percent. And there 106–420) is amended— him by his family—his parents Ken and (1) by striking ‘‘obtaining or providing of’’ Cindy, and sister Andrea—and the val- would be no foreseeable end to our ex- and inserting ‘‘the obtaining of, the offering ues and life experiences gained in tended commitments in many parts of of assistance in obtaining’’; and South Dakota. He is an inspiration to the world. (2) by striking ‘‘base offense level for mis- all of us, young and old, teaching us to It was at such a critical crossroad in representation’’ and inserting ‘‘enhanced follow our dreams but stay close to our the history of the U.S. Armed Forces penalties provided for in the Federal sen- values. that a leader with a strong sense of tencing guidelines for an offense involving I speak for South Dakota when I say purpose and keen intellect was needed fraud or misrepresentation’’. that we proud of Josh Heupel and we at the helm of the Department of De- (b) LIMITATION ON EXEMPT PROPERTY.—Sec- fense. That leader was Bill Cohen. We, tion 522(c)(4) of title 11, United States Code, wish him the best of luck as he leads as added by section 4 of the College Scholar- his team into the National Champion- in this chamber, knew very well the ship Fraud Prevention Act of 2000, is amend- ship game on January 3d and in his fu- profound depth of his intellect and ed— ture athletic and academic endeavors. leadership through his oratory, his (1) by striking ‘‘in the obtaining or pro- f writings, his poems and, yes, his occa- viding of’’ and inserting ‘‘or misrepresenta- sional ‘‘doodles’’ on the notepad. Like tion in the providing of, the offering of as- TRIBUTE TO SECRETARY OF Colonel Joshua Chamberlain, a Union sistance in obtaining, or the furnishing of in- DEFENSE BILL COHEN Army soldier and son of Maine, that formation to a consumer on,’’; and Mr. WARNER. Mr. President, I rise Cohen revered, he likewise accepted (2) by striking ‘‘(20 U.S.C. 1001)’’. (c) EFFECTIVE DATE; APPLICATION OF today to pay tribute to Secretary of the daunting challenge with which he AMENDMENTS.— Defense Bill Cohen and Mrs. Janet was presented. (1) EFFECTIVE DATE.—Except as provided in Langhart Cohen. As Secretary of De- Upon taking the helm at the Depart- paragraph (2), this section and the amend- fense for almost four years, Bill Cohen ment of Defense, Bill Cohen quickly ments made by this section shall take effect has led the Defense Department and identified those key areas that re- on November 1, 2000. the military services with leadership quired his immediate attention. Short- (2) APPLICATION OF SECTION 552(C)(4) OF TITLE and a strong commitment. ly after his confirmation hearing, Sec- 11, UNITED STATES CODE.—Section 522(c)(4) of In contemporary political history, retary Cohen stated that he would title 11, United States Code, as added by sec- tion 4 of the College Scholarship Fraud Pre- persons of a political party other than dedicate his time in office to working vention Act of 2000 and as amended by sub- the party of the Administration, have on the quality of life for military per- section (b) of this section, shall apply only offered to serve this Nation. It takes a sonnel and their families and to ad- with respect to cases commenced under title special courage; Bill Cohen has that dressing continuing shortfalls in readi- 11, United States Code, on or after November courage. He has earned—with distinc- ness and modernization of the Armed 1, 2000. tion—a place in history. Forces. f Bill Cohen and I were first elected to So began his four years of labor to the Senate in 1978. We served together lead the largest agency in the Federal CONGRATULATIONS TO JOSH on the Armed Services Committee Government—one of the largest organi- HEUPEL from 1979 until Bill retired from the zations in the world. But this was a Mr. DASCHLE. Mr. President, I rise Senate in 1996. Throughout his service labor of love for the new secretary. Bill today to congratulate South Dakota’s with the Senate, he was recognized as a Cohen recently described his tenure as Josh Heupel, quarterback of the Okla- leader. ‘‘the most demanding, exhilarating ex- homa Sooners, on his incredible season A prodigious student of history, di- perience’’ he has ever had—work he leading his top-ranked and undefeated plomacy, foreign policy and national would do ‘‘forever.’’

VerDate 15-DEC-2000 02:57 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.208 pfrm04 PsN: S15PT2 S11892 CONGRESSIONAL RECORD — SENATE December 15, 2000 Sharing this experience with Bill we act, Democrats in the Senate will pended entirely, or mostly on work Cohen is his wife, Janet Langhart read the names of some of those who generated by the defense industry, and Cohen. She has been equally enthusi- have lost their lives to gun violence in they were in danger of failure. astic in her role supporting him—and the past year, and we will continue to In an effort to help these businesses, military personnel throughout the do so every day that the Senate is in Congressman Dixon sponsored legisla- world—as a ‘‘First Lady of the Pen- session. tion to assist small businesses in mak- tagon.’’ In the name of those who died, we ing the difficult transition to new mar- Janet Langhart Cohen’s tireless and will continue this fight. Following are kets. His efforts saved innumerable selfless work for our men and women in the names of some of the people who small businesses from going under and uniform, and their families, has been were killed by gunfire one year ago now many are thriving because of his remarkable. She has been committed today. foresight and stewardship. Most re- to making sure that the American peo- December 15, 1999: cently he was the very able Ranking ple’s hearts and minds are fully joined Jerome Anderson, 26, Washington, Member of the House Permanent Se- with those who are wearing the uni- DC; Danta Dandridge, 17, Washington, lect Committee on Intelligence. He was form. Thanks to Janet Langhart DC; Diane Gibbs, 39, Atlanta, GA; a voice of reason and restraint in an Cohen, soldiers, sailors, airmen and Jimmy Gibbs, 21, Atlanta, GA; Kasmas arena that often lends itself to hyper- Marines have come to know how much Hall, 18, Miami-Dade County, FL; bole and grandstanding. Julian served they are appreciated by their fellow Byron Johnson, 21, Pittsburgh, PA; his country well in this capacity. Americans. Antoine Omar, 19, Boston, MA; Glenn Congressman Dixon was known for To this end, Janet Langhart Cohen Roundtree, 29, Chicago, IL; Oscar his intelligence, political savvy and called on the USO—and their volunteer Segura Nieto-Lopez, 32, St. Paul, MN; strong character. While Julian surely entertainers—to bring the message Ricky Truss, 27, Detroit, MI; William had much lift to accomplish, he truly from the homefront to our forward de- Wilder, 39, New Orleans, LA; Venis made a difference while he walked ployed military men and women. She Woods, 29, Philadelphia, PA; and Un- among us. He was a family man and a recognized that the USO helped those identified Male, 24, Newark, NJ. man of the people. He will be missed. in the military who are far from home We cannot sit back and allow such Our prayers are with his family, friends give in to laughter rather than give senseless gun violence to continue. The and people he served so well. way to loneliness and despair. With the deaths of these people are a reminder f USO, Janet Langhart Cohen reinvigo- to all of us that we need to enact sen- rated the spirit of our warriors. sible gun legislation now. DRUG ADDICTION TREATMENT Understanding the important rela- ACT OF 2000 f tionship between the men and women Mr. LEVIN. Mr. President, I rise of the Armed Forces and the USO, TRIBUTE TO CONGRESSMAN today with my colleague, Senator Janet Langhart Cohen led the effort to JULIAN DIXON HATCH, Chairman of the Judiciary build a lasting exhibit to the USO in Mr. SHELBY. Mr. President, I rise in Committee, to comment on a provision the Pentagon. Thanks to her, the trib- tribute to a friend and colleague, Ju- of the recently enacted omnibus chil- ute was unveiled just a few short weeks lian Dixon. Congressman Dixon honor- dren’s health legislation (H.R. 4365; ago. To many, she is now also recog- ably represented the 32nd District of Public Law 106–310) that established a nized as the ‘‘First Lady of the USO.’’ California for more than 22 years. Ju- number of excellent children’s health Together, Bill and Janet have been a lian and I were members of the Con- programs. The bill also included impor- dynamic team. They have tackled gressional Freshman Class of 1978. It tant new legislation, the Drug Addic- many of the problems facing military was my pleasure to serve with him for tion Treatment Act [DATA], which I families today. They have also circled more than two decades. authored along with Senator HATCH, the globe together to demonstrate Everyone in the Senate knew him working with our colleagues Senators their combined conviction and support and I know no member of the House or BIDEN and MOYNIHAN. It will make a for our men and women in uniform Senate who did not like him, as well as wherever they are deployed. Only re- revolutionary difference in the way in respect him. His life exemplified public cently, Bill and Janet completed their which we battle heroin and other opi- service and his actions were always third trip to Kosovo since the June 1999 ate addiction. motivated by truth, justice and com- Mr. HATCH. Mr. President, my col- end of the air campaign. In our brief years, Secretary Cohen, passion. He was without question a league from Michigan is correct. Addi- through tireless work, study, and trav- Distinguished Gentlemen. tionally, as my colleagues are aware, el, has continued to develop his already During his tenure in office, Congress- the bill reauthorized the operation of formidable understanding of global, man Dixon accomplished many things. the Substance Abuse and Mental economic and national security issues. He was always magnanimous in victory Health Services Administration, and And as had been the case during his 24 and gracious in defeat and accepted dif- established and reinforced penalties for years of service in the Congress, Sec- ficult assignments, such as the Chair- illegal manufacture, sale, and posses- retary Cohen’s conviction for sup- manship of the House Ethics Com- sion of certain illicit drugs. porting the troops continued without mittee in 1989. It is a responsibility Mr. LEVIN. Mr. President, when im- question. that few members seek and only the plemented, the DATA bill, as we call it, Anyone who has been privileged to most selfless accept. Congressman will change significantly the way opi- serve in the Department of Defense, es- Dixon did so, and the House of Rep- ate addiction is addressed by allowing pecially as the ‘‘Top Gun,’’ knows resentatives is a better place for his qualified physicians, for the first time, there is no more difficult a job in the service. to prescribe in their private offices, Executive Branch of our government. From 1957 to 1960, he served as an en- substances which block the craving for Bill Cohen earned his place in history, listed man in the United States Army, heroin and otherwise address this dead- alongside the best, and the men and rising to the rank of sergeant. This ex- ly addiction. women in uniform render a respectful perience made him a life long advocate Mr. HATCH. Mr. President, as Sen- ‘‘hand salute.’’ for the men and women in the Armed ator LEVIN knows, the DATA bill in- f Forces. He understood their hardships cludes a provision similar to one appli- and needs as well as any member of the cable for many years to both the Med- VICTIMS OF GUN VIOLENCE Congress. The military services have icaid and Medicare programs, which Mrs. BOXER. Mr. President, it has lost a good friend. makes clear that basic decisions about been more than a year since the Col- At the conclusion of the Cold War, the way medicine is practiced are to be umbine tragedy, but still this Repub- our defense expenditures were cut dra- made by physicians and patients, not lican Congress refuses to act on sen- matically. Literally, hundreds of mili- by the federal government. sible gun legislation. tary installations, large and small, Mr. LEVIN. In other words, it is our Since Columbine, thousands of Amer- around the Nation were slated for clo- intent that with respect to the amend- icans have been killed by gunfire. Until sure. Thousands of small businesses de- ments to the Controlled Substances

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.085 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11893 Act made by the provisions incor- a former reserve for harvesting fur particular note is the use of marine porated in H.R. 4365, decisions by quali- seals. The Commerce Department, act- protected areas to serve as replenish- fied physicians about the appropriate ing through the National Oceanic and ment zones. The U.S. Coral Reef Task means to treat their patients and to Atmospheric Administration (NOAA), Force has called for setting aside 20 prescribe and dispense medications are has been involved in municipal and so- percent of coral reefs in each region of not a proper matter for government cial services on the islands since 1910. the United States that contains reefs regulation. In 1983, NOAA tried to remove them- as no-take areas. However, many of the While the bill clearly provides au- selves from administering these pro- U.S. islands that have coral reefs have thority for the Department of Health grams. However, despite the $20 million significant cultural ties to these reefs. and Human Services to issue regula- in funds the Pribilof Islands received to It is imperative that any new marine tions to expand the pool of qualified replace future annual Federal appro- protected areas are developed in close physicians, it is not the intention of priations, the Pribilof Islanders claim cooperation with the people of these is- our legislation that those regulations that the terms of the transition proc- lands and account for traditional and extend to the practice of medicine. ess were not met and the withdrawal cultural uses of these resources. With- Mr. HATCH. I certainly agree with failed. out such cooperation, there will not be that. Indeed, such an interpretation is This title authorizes $28 million over public support. The national strategy expressly prohibited by the language: five years to again attempt to achieve will address how such traditional uses ‘‘Nothing in such regulations or prac- the orderly withdrawal of NOAA from will be incorporated into these replen- tice guidelines may authorize any Fed- the civil administration of the Pribilof ishment zones. eral official or employee to exercise su- Islands. Additionally, it authorizes $10 The national program will also incor- pervision or control over the practice million a year for five years for NOAA porate such important topics as map- of medicine or the manner in which to complete its environmental cleanup ping; research, monitoring, and assess- medical services are provided.’’ and landfill closure obligations prior to ment; international and regional man- Mr. LEVIN. This clarification is im- the final transfer of federal property to agement; outreach and education; and portant, both for the qualified physi- the six local entities. The Pribilof Is- restoration. According to NOAA, the cians who wish to participate in this lands have historically been a very ex- majority of our nation’s coral reefs are new approach to addiction treatment pensive program to the American tax- within federal waters, therefore it is and for patients for whom a new treat- payers. Congress expects that this title expected that NOAA will continue to ment option may present a life-chang- will provide a final termination of work cooperatively with the states, ing possibility. I know my colleague NOAA’s municipal and social service territories, and commonwealths in the from Utah agrees that we want this responsibilities on the islands and a development and implementation of legislation to work. An unauthorized distinct end to federal taxpayer fund- coral reef management plans and not and ill-advised attempt to regulate the ing of those services. shift the burden of responsibility onto practice of medicine, including the Title II of this bill is the Coral Reef these states, territories, and common- practice of prescribing anti-addiction Conservation Act of 2000. It is based on wealths. It is particularly important medication, would make it unwork- legislation that I first introduced over that NOAA not let recent activities in able. three years ago and S. 725, a bill that I the Northwestern Hawaiian Islands Mr. HATCH. I do agree whole- introduced earlier in the 106th Con- consume too much of the agency’s per- heartedly. I feel compelled to add, how- gress along with Senator MCCAIN, the sonnel and financial resources at the ever, that as the Chairman of the Com- Chairman of the Commerce Com- expense of the rest of the nation’s mittee of jurisdiction, it was important mittee. reefs. While the Northwestern Hawai- to me to make certain that the bill in Over the last decade, the United ian Islands Coral Reef Reserve will pro- no way impedes the Drug Enforcement States had been leading a focused ef- vide protection for the majority of Administration [DEA] from vigorously fort to conserve and manage coral reef reefs within our borders, it will not enforcing the Controlled Substances ecosystems. The plight of coral reefs, provide protection for our most heavily Act. Specifically, the DATA legislation both in the United States and inter- degraded reefs. NOAA must work col- is not intended to prevent the DEA nationally, gained much attention in laboratively with our island partners from its historic role of prosecuting 1997, the International Year of the to implement meaningful coral reef physicians for dispensing controlled Reef. One very successful program un- management strategies that target the substances without a legitimate med- dertaken during the year-long event in- full range of problems. ical purpose. volved grants to local groups to build The title also creates a new coral reef Mr. LEVIN. I agree with my col- grassroots support for coral reef con- conservation program, which will pro- league. I believe we successfully bal- servation, management, and edu- vide grants to states, governmental au- anced both interests in the DATA bill. cational programs. Since that time, thorities, educational institutions, and It is important legislation and I am NOAA has steadily improved coral reef non-governmental organizations. This pleased to have had the support of the management programs utilizing the is intended to foster locally based coral Chairman of the Judiciary Committee full range of existing statutory au- reef conservation and management. and Senators BIDEN and MOYNIHAN as thorities including the Coastal Zone Creation of a coral reef conservation we successfully moved this bipartisan Management Act, the National Marine fund is also authorized. This fund legislation to enactment. Sanctuaries Act, the Magnuson-Ste- would allow the Administration to Ms. SNOWE. Mr. President, I rise in vens Fishery Conservation and Man- enter into agreements with nonprofit support of the passage of H.R. 1653, agement Act, the Marine Mammal Pro- organizations to support partnerships which includes the Pribilof Islands tection Act, and the Endangered Spe- between the public and private sectors Transition Act and the Coral Reef Con- cies Act. These complementary au- to further the conservation of coral servation Act of 2000. This bill contains thorities provide the framework for reefs and help raise the matching funds a number of ocean, coastal, and fish- comprehensive coral reef conservation required as part of the new grants pro- eries related titles that will result in and management. Working in partner- gram. major conservation gains for our na- ship with the States and other agen- The title authorizes a total of $16 tion’s marine resources at a time when cies, NOAA has demonstrated its million a year for fiscal years 2001 we are placing enormous demands on unique ability among the federal agen- through 2004 to be spilt equally be- them. The bill not only attempts to cies to effectively manage these valu- tween the local coral reef conservation provide additional environmental pro- able resources. program and national coral reef activi- tections through a number of state and This title will augment the tools al- ties. It is our expectation that this local programs, but also tools for bet- ready available and provides an outline money will be utilized in such a way ter management. to assist NOAA as it moves forward that builds upon partnerships with the Title I of this bill is the Pribilof Is- with coral reef ecosystem management U.S. islands. lands Transition Act. The Alaskan plans. It requires the creation of a na- Title III of the bill makes a number Pribilof Islands in the Bering Sea were tional coral reef action strategy. Of of minor technical changes to fisheries

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.060 pfrm04 PsN: S15PT2 S11894 CONGRESSIONAL RECORD — SENATE December 15, 2000 laws. The fourth title of the bill au- two additional catcher vessels in the recognized Neil’s commitment to civic thorizes the study of biological and en- Alaskan pollock fishery. These vessels participation when he appointed him to vironmental factors that are respon- were able to demonstrate that they serve on the first Federal Elections sible for an increase in deaths in the should have been included in the Act Commission. eastern gray whale population. Two- when it passed in 1998. Throughout this year’s election, peo- hundred ninety thousand dollars is au- I would like to thank Senator KERRY, ple of differing political allegiances thorized for fiscal year 2001, and the ranking member of the Oceans and have remarked on the stable and resil- $500,000 is authorized for each of fiscal Fisheries Subcommittee for his hard ient nature of our nation’s institu- years 2002 through 2004. work and support of this bill. I would tions. Our health as a democracy is Title V of the bill makes a technical also like to thank Senator INOUYE for due, in a large part, to the dedication correction to the American Fisheries his support, particularly for his con- and efforts of individuals like Neil Act (AFA) with regard to two fishing tributions to the coral reef conserva- Staebler. Neil Staebler was one of the vessels, the Providian (United States tion section of the bill. In addition, I true lions of Michigan and American Official Number 1062183) and the Hazel would like to thank Senator MCCAIN, politics. I am sure that my Senate col- Lorraine (United States Official Num- the chairman of the Commerce Com- leagues will join me in honoring the ber 592211). The 1998 AFA authorized mittee, and Senator HOLLINGS, the memory of Neil Staebler, and in wish- the participation of certain US-owned ranking member of the Committee, for ing his wife Burnette and their family fishing vessels in the Bering Sea pol- their bipartisan support of this meas- well in the years ahead. lock fishery. The AFA was designed to ure. We have before us an opportunity f work in conjunction with the license to significantly improve our nation’s THE MILLENNIUM HOLIDAY TREE limitation provisions of the fishery ability to conserve and manage our Mr. ALLARD. Mr. President, the management plan developed by the marine resources and I urge the Senate wonderful tree currently gracing the North Pacific Fishery Management to pass H.R. 1653, as amended. West lawn of this Capitol is from Colo- Council. Certain ‘‘qualifying years’’ f were established in order to determine rado. I have had the pleasure of work- which vessels had earned a ‘‘fishing RECOGNITION OF CONGRESSMAN ing towards getting this tree to DC for 1 history’’ to allow them future access to NEIL STAEBLER 2 ⁄2 years, and I wanted to share with pollock-fishing quotas. During the con- Mr. LEVIN. Mr. President, I rise my colleagues a little about my home sideration of the AFA, the special cir- today to acknowledge the life and ac- state’s gift to the nation. The Millennium Holiday Tree is a cumstances of many vessels were taken complishments of a distinguished and gift from the entire state of Colorado into account. At that time, the fishing principled public servant who served as to our nation. It is a celebration of all vessel Providian was being built in a a Member of Congress from my home that is Colorado: natural beauty, many U.S. shipyard as a replacement vessel state of Michigan, Neil Staebler. For cultures, cities and rural communities, for the pollock-fishing vessel Ocean nearly six decades, Neil embodied the and our rich history. The Colorado tree very ideals on which this nation was Spray. will be shining through early January In 1994, the Ocean Spray was lost at founded. Born in 1905, Neil Staebler is 2001. The Millennium Holiday Tree is a sea—fortunately without the loss of a widely credited as a founder of the native Colorado Blue Spruce which single life. Had the Ocean Spray not modern Michigan Democratic Party. stands 65’ tall and was projected to be been lost, the vessel would have contin- However, Neil’s greatest desire was to 77 years old at the time of cutting. It ued to fish for Bering Sea pollock dur- make our government work for all its was grown on the Pike National Forest ing the years leading up to the develop- citizens. near the community of Woodland Park. ment of the AFA. After the loss of the Throughout his life, Neil dedicated The tree was selected from this area himself to serving the United States of Ocean Spray, the owner-operator fol- because it is in the shadow of Pikes America. At the age of thirty-seven, he lowed the replacement guidelines in Peak, often referred to as ‘‘America’s joined the World War II effort by en- order to secure his federal fishing per- Mountain’’. mits and endorsement for his new ves- listing in the United States Navy, The Colorado State Forest Service is sel, the Providian. According to landing where he served as a lieutenant. growing seedlings from the ‘‘grandma’’ records, it appears that the average After the conclusion of the war, Neil tree. Seedlings from the Millennium pollock harvest of the Ocean Spray dur- and a group of other distinguished citi- Holiday Tree will be replanted at the ing the years 1992 through 1994, exceed- zens from Michigan, including former cutting site. The Governor and Francis ed 2000 metric tons. Governor G. Mennen Williams, former Owens were among the first to receive Since the construction on the Congresswoman and Lieutenant Gov- a Holiday Tree seedling for their sup- Providian was completed, the owner de- ernor Martha Griffiths, and Martha’s port of this project. Hundreds of seed- cided to bring his vessel to Bath, Maine husband Hicks, helped to re-shape the lings will also be planted in memorial to work in the Maine herring fishery. Michigan Democratic Party and alter forests around the state as part of Holi- The current location of this vessel does the landscape of Michigan politics. day Tree celebrations. not eliminate the need to establish They sought to reinvigorate the Demo- Colorado school children made over fairness and restore the vessel owner’s cratic Party and make it more respon- 4,000 ornaments for the tree. They each pollock-fishing rights earned with the sive to the will and the needs of Michi- depict the theme: ‘‘Valuing the Past— Ocean Spray during 1992–1994. This gan’s citizens. Their efforts led to a re- Looking to the Future’’. Each county amendment to the AFA is intended to newed vibrancy within the Michigan had the opportunity to supply 100 orna- provide the North Pacific Fishery Man- Democratic Party, and propelled Neil ments for the Millennium Holiday Tree agement Council and the National Ma- to the chairmanship of the Party. and the companion trees. rine Fisheries Service with the author- Neil served as state chairman for Through the many community ity to qualify the Providian under the over a decade, and was able to use his events, we celebrated the richness of AFA with directed onshore pollock- position to encourage active political Colorado. Each reflected the wide fishing rights equivalent to those participation by all people. In addition range of cultural and historical influ- earned by the Ocean Spray during the to serving as state chairman and win- ences present in our communities—Na- years 1992–1994. ning a seat to Congress in 1962, he ran tive American, Hispanics, pioneers, and Mr. President, the authors of the an unsuccessful but hard fought chal- others. Local celebrations were encour- AFA certainly took into account the lenge of Governor George Romney in aged in each of Colorado’s 64 counties particular circumstances of other ves- 1964. and at each of the 10 stops along the sel owners and companies. This tech- While he was a loyal member of the Tree route. Santa Fe Trail commu- nical amendment simply qualifies two Democratic Party, Neil Staebler was nities in Kansas and Missouri joined vessels, the Providian and the Hazel first and foremost committed to our the celebrations too, including one in Lorraine under the AFA for fishing nation’s institutions and the need for St. Louis at a National Park Service rights that they otherwise should have all citizens to participate in the demo- historic site. After the cutting cere- received allow for the participation of cratic process. President Gerald Ford mony on November 20th, the tree was

VerDate 15-DEC-2000 02:57 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.077 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11895 moved indoors where the limbs were Current law authorizes a local gun board Coalition (which includes the Michigan drawn up and secured for the long jour- made up of local law enforcement officials to State Police Troopers Association, the ney. A 65-foot trailer, designed to look issue CCW [Carry Concealed Weapons] li- Michigan State Police Command Officers As- like a historic Conestoga pioneer censes to those citizens who show a dem- sociation, the Michigan Association of Po- onstrated need to carry a concealed weapon. lice, the Police Officers Labor Council, De- wagon, hauled the tree. Organizers Legislation that would shift the burden of troit Police Lieutenants and Sergeants Asso- used an experimental shrink wrap proof, requiring the board to issue a permit ciation, Detroit Police Officers Association, method to keep the tree fresh and se- unless it can state a reason, is a state-man- Warren Police Officers Association, and cure from weather damage. The tree dated ‘‘shall issue’’ bill and eliminates local Flint Police Officers Association). traveled caravan-style here to our na- control. Law enforcement officers, who undergo an tion’s Capitol following the Santa Fe The Michigan Law Enforcement Coalition initial 72 hours of firearms training as well Trail, a historic trade route through opposes any legislation which strips local as annual re-training, have warned that al- Colorado, Kansas and Missouri. My gun boards of their discretion and shifts the lowing thousands more private citizens to burden of proof from the applicant to the carry concealed handguns would pose signifi- friend and our colleague from Colo- gun board. cant threats to public safety. It is unreal- rado, Senator BEN NIGHTHORSE CAMP- The Michigan Association of Chiefs istic to expect citizens with a fraction of the BELL, actually drove the tree carrying of Police issued this statement: training to demonstrate the same pre- truck all the way out here. He told me cautions and the same judgment as police of- he had a great time, and I believe him. This bill not only puts citizens at risk but ficers. There is no justification for making Sixty four smaller companion trees, will also effect law enforcement officers try- the already difficult and dangerous job of an ing to do a difficult and dangerous job. Offi- officer even more difficult and dangerous by one from each county, traveled with cers, already concerned due to the prolifera- the Millennium Holiday Tree and were increasing the number of concealed hand- tion of handguns, would have even more ap- guns on the streets. placed in various government offices prehension knowing that the odds of con- I am also concerned that an increase in throughout DC. fronting a concealed weapon have been mul- concealed weapons licenses will effectively This entire project was made possible tiplied. The presence of a gun can make any expand an exception in the Brady back- through generous financial and in-kind situation more dangerous. A gun can turn ground check system. The ‘‘Brady Law’’ pro- support from the many sponsors. Vol- routine arguments into episodes of serious vides that licensed gun dealers are not re- unteers, donations, and sponsorships injury or death. During stressful times rea- quired to initiate criminal background sonable people do unreasonable things. The made it all possible. Unused surpluses checks if the purchaser presents a state- shouting match over a parking space or the issued license to carry a firearm which was from this project will be set aside for a fist fight at a sporting event can escalate rural endowment fund. The year 2000 issued within five years. This would mean into a shoot-out when guns are more acces- that people who have committed crimes will be the 31st year a tree has been sible. Already nearly one-third of all mur- after they have received concealed carry li- provided by the U.S. Forest Service ders committed are the result of an argu- censes would be able to purchase additional and its partners. And I want to espe- ment according to the FBI’s Uniform Crime guns with no background checks unless and cially thank Dr. Raitano and Bill Nel- Report. until their licenses are revoked. son for their incredible work on this. The Michigan Association of Chiefs of Po- Although the ‘‘shall issue’’ legislation al- lice urges the Michigan Legislature to re- They ‘‘parented’’ the project for years lows the State to suspend or revoke a license frain from allowing the proliferation of con- if the license holder has committed a poten- and it is due to their efforts it all cealed weapons without adequate safeguards turned out so well. tially disqualifying crime, the experiences of by county licensing authorities. An armed other states with such laws show that rev- f society is a frightened and dangerous soci- ocation doesn’t happen instantly or always ety. ‘‘SHALL ISSUE’’ LEGISLATION IN successfully. Some states with ‘‘shall issue’’ MICHIGAN Law enforcement groups were joined laws have acknowledged mistakenly issuing in their opposition to this bill by reli- hundreds of licenses to applicants with prior Mr. LEVIN. Mr. President, late gious leaders, child advocates, and convictions. Once those persons manage to Wednesday night, the Michigan Legis- community leaders. Groups such as the slip through the screening process for con- lature passed a bill that, if signed, will Michigan Catholic Conference, Michi- cealed gun licenses that one time, they are have a negative impact on public safe- then able to buy guns without further back- gan PTA, Michigan Municipal League, ground checks for five years. ty in my home state. The legislature Michigan’s Children, Michigan Library passed the ‘‘shall issue’’ bill which Earlier this year, all eyes turned to Michi- Association, Michigan Association of gan after the tragic shooting death of Kayla would require that local licensing au- Elementary and Middle School Prin- Rolland. Now, nearly ten months later, the thorities ‘‘shall’’ or must issue a con- cipals, Michigan Association of Non- people of Michigan want all of us to work to- cealed handgun license to a person who public Schools-Parent Network, Michi- ward decreasing the amount of gun violence passes a background check and a safety gan Partnership to Prevent Gun Vio- in their schools and community places, not course. Notably, the legislature waited lence, Michigan Association of Theatre increasing the proliferation of guns in our until after the election to pass the leg- neighborhoods and on our streets. The people Owners, and National Conference for of Michigan reject the notion that they will islation. Community and Justice are unified The current law in our state now be unsafe in public places if not armed. I against the ‘‘shall issue’’ standard. urge you to do the same and to veto the gives local gun boards discretion to Mr. President, I am disappointed that ‘‘shall issue’’ legislation, leaving local gun issue concealed gun licenses where a the Michigan Legislature passed this boards in charge of these often life and death need is shown. Current law allows local bill. I believe ‘‘shall issue’’ is wrong for decisions. gun boards—each made up of a local Michigan and I have urged the Gov- Sincerely, sheriff, a county prosecutor and a des- ernor to veto the bill. I ask unanimous CARL LEVIN. ignee of the State police—to determine consent to have printed in the RECORD f who should be allowed to carry a con- the letter I sent to the Governor. cealed handgun. The legislation before RECOMMENDATION OF GLENN A. There being no objection, the letter FINE the state legislature would take discre- was ordered to be printed in the Mr. KOHL. Mr. President, I want to tion away from local law enforcement RECORD, as follows: and allow virtually any applicant to voice my support today for Glenn Fine, DECEMBER 13, 2000. who would truly be an outstanding In- carry a concealed handgun. Hon. JOHN ENGLER, In May of 1999, when the State Legis- Governor of the State of Michigan, spector General at the Department of lature last took up this bill, a coalition Lansing, MI. Justice. As you know, the Inspector of law enforcement groups led the fight DEAR GOVERNOR ENGLER: I am writing to General is charged with investigating against it. Law enforcement soundly urge you to veto the ‘‘shall issue’’ legislation waste, fraud, abuse and corruption. As rejects the proliferation of concealed which recently passed the Michigan Legisla- such, it is a position of critical impor- weapons in our communities and have ture. tance that we should have filled before The ‘‘shall issue’’ legislation would make adjourning for the year to ensure ac- warned that this legislation will move us less safe according to those best in a posi- Michigan in a dangerous direction. tion to know. That’s why it is opposed by a countable and effective oversight of The Michigan Law Enforcement Coa- broad coalition of law enforcement groups the DOJ. lition issued the following statement such as the Michigan Association of Chiefs of Mr. Fine has been dealing with cor- about the bill: Police and the Michigan Police Legislative ruption ever since the Harvard-Boston

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.011 pfrm04 PsN: S15PT2 S11896 CONGRESSIONAL RECORD — SENATE December 15, 2000 College basketball game on December by all members of President’s Working the Commodity Futures Trading Com- 16, 1978, in which he scored 19 points Group on Financial Markets. I ask mission had already granted for energy and had 14 assists—perhaps his best unanimous consent that a letter from and metal derivatives. Later, there performance in college—only to dis- the Working Group be printed in the were further negotiations to arrive at cover later that this particular game RECORD at the conclusion of this state- the provisions on this subject that are was part of a notorious point-shaving ment. in this bill. scandal. No doubt this first-hand expe- The PRESIDING OFFICER. Without While I still have certain reserva- rience drove him in his later quest to objection, it is so ordered. tions about the energy and metals mar- weed out corruption at the Department (See Exhibit 1.) kets, I recognize the need for com- of Justice. Mr. HARKIN. After many years of ef- promise, particularly in considering More seriously, though, Mr. Fine has fort, this legislation resolves a number the overall importance and positive served in a variety of professional roles of very difficult issues regarding the features of this legislation. This bill’s and always in an exemplary fashion. He trading of futures on securities—issues language and Congressional intent is is currently the Director of the Special that have caused a great many head- clear that the Commodity Futures Investigations and Review Unit in the aches as well as disparities in the mar- Trading Commission retains a substan- Department of Justice’s Office of the kets over the years. I am pleased that tial role in ensuring the honesty, integ- Inspector General, where he has super- we have been able to arrive at solu- rity and transparency of these mar- vised a variety of sensitive internal in- tions that clear away regulatory im- kets. For exempt commodities that are vestigations, including the FBI’s han- pediments to market development, traded on a trading facility, this bill dling of the Aldrich Ames case. He also while maintaining and strengthening clearly specifies that if the Commis- worked as an Assistant U.S. Attorney investor protections and addressing sion determines that the facility per- for the District of Columbia, where he margin and tax issues in order to avoid forms a significant cash market price prosecuted more than 35 criminal jury giving any market an inappropriate discovery function, the Commission trials. His academic credentials are competitive advantage over others in- will be able to ensure that price, trad- stellar as well. He is a Rhodes Scholar volved in related transactions. ing volume and any other appropriate and he was graduated magna cum laude Clearly, modernizing the regulatory trading data will be disseminated as from Harvard Law School. Finally, scheme for futures and derivatives determined by the Commission. This though this is a political appointment, must be balanced with maintaining and bill also clearly continues in full effect Mr. Fine is non-partisan—exactly the strengthening protection for individual the Commission’s anti-fraud and anti- type of appointee that a Republican investors and the public interest. The manipulation authority with regard to President might very well consider principal anti-fraud provision of the exempt transactions in energy and keeping on. He worked as an Assistant Commodity Exchange Act is section 4b, metals derivatives markets. U.S. Attorney during the Reagan and which the Commodity Futures Trading I also want to mention and express Bush administrations, and has never Commission has consistently relied appreciation for the cooperation of been involved in a political campaign. upon to combat fraudulent conduct, Chairman GRAMM and Ranking Member As this session of Congress comes to such as by bucket shops and boiler SARBANES of the Banking Committee a close, a position as important as the rooms that enter into transactions di- in completing this bill. With respect to Inspector General should have been rectly with their customers, even banking products, the language of the filled. I’m only sorry that an individual though such conduct does not involve a bill clarifies what is already the cur- as outstanding as Mr. Fine was not traditional broker-client relationship. rent state of the law. The Commodity confirmed. Reliance on section 4b in such cir- Futures Trading Commission does not f cumstances has been supported in fed- regulate traditional banking products: eral courts that have examined the deposit accounts, savings accounts, COMMODITY FUTURES issue, and is fully consistent with the certificates of deposit, banker’s accept- MODERNIZATION ACT OF 2000 understanding of Congress and with ances, letters of credit, loans, credit Mr. HARKIN. Mr. President, I want past amendments to Section 4b, which card accounts and loan participations. to thank and commend Chairman confirmed the applicability of Section The language of Title IV of this bill LUGAR for all of his hard work and 4b to fraudulent actions by parties that is very clear and very tightly worded. leadership in bringing the Commodity enter transactions directly with cus- It requires that to qualify for the ex- Futures Modernization Act to the tomers. It is the intent of Congress in clusion, a bank must first obtain a cer- point of this final, agreed upon bill, retaining Section 4b in this bill that tification from its regulator that the which will be a part of the appropria- the provision not be limited to fidu- identified bank product was commonly tions measure passed later today. I am ciary, broker-client or other agency- offered by that bank prior to December pleased to have had the opportunity to like relationships. Section 4b provides 5, 2000. The product must have been ac- work with Chairman LUGAR on this im- the Commission with broad authority tively bought, sold, purchased or of- portant legislation and to cosponsor it. to police fraudulent conduct within its fered—and not be just a customized This bill will bring much-needed jurisdiction, whether occurring in boil- deal that the bank may have done for modernization, legal certainty, clari- er rooms and bucket shops, or in the e- a handful of clients. The product can- fication and reform to the regulation of commerce and other markets that will not be one that was either prohibited futures, options and over-the-counter develop under this new statutory by the Commodity Exchange Act or financial derivatives. At the same framework. regulated by the Commodity Futures time, it maintains regulatory oversight I would also like to discuss my views Trading Commission. In other words—a of the agricultural futures and options regarding the substantial regulatory bank cannot pull a futures product out markets and continues and improves changes for electronic markets in de- of regulation by using this provision. protections for investors and the public rivatives relating to non-agricultural For new products, Title IV is also interest with regard to futures, options commodities. Essentially, those com- abundantly clear: the Commodity Ex- and derivatives. modities are energy and metals. With change Act does not apply to new bank The legislation carries out the rec- particular regard to energy, given the products that are not indexed to the ommendations of the President’s Work- recent high volatility in energy mar- value of a commodity. Again, the plain ing Group on Financial Markets. Mem- kets—with dramatic price increases for language is clear and the intent of Con- bers and staff of the Working Group, gasoline, heating oil, natural gas and gress is clear that no bank may use especially the Department of the electricity—we must take great care in this exclusion to remove products from Treasury, the Commodity Futures whatever Congress does affecting the proper regulation under the Com- Trading Commission and the Securities way in which markets in energy func- modity Exchange Act. and Exchange Commission, were in- tion. In the Agriculture Committee, I Lastly, Title IV allows hybrid prod- strumental in helping to craft the bill. worked to remove an outright exclu- ucts to be excluded from the Com- And it is significant that this final sion from the bill and basically to con- modity Exchange Act if, and only if, version of the bill is strongly supported tinue with the substantial exemption they pass a ‘‘predominance test’’ that

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.077 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11897 indicates that they are primarily an banks and thrifts compete for scarce August), which suggested (some said fool- identified banking product and not a deposits. My legislation will account ishly) that deposit insurance coverage should contract, agreement or transaction ap- for the erosion to FDIC-insured levels be increased from $100,000 to $200,000 per de- positor. As the paper pointed out, such an in- propriately regulated by the CFTC. from 1980. It will index these levels into crease would compensate for the last 20 While the statute provides a mecha- the future, protecting against further years or so of inflation since the insurance nism for resolving disputes about the erosions. level was set at $100,000. The new ceiling application of this test, there is no in- Under current calculations, the im- might also help to meet an increasingly dif- tent that a product which flunks this mediate impact would be to almost ficult problem for community banks—ob- test be regulated by anyone other than double the insured funds, from $100,000 taining sufficient deposits to meet growing the CFTC. to approximately $197,000. The long loan demand. Core deposits as a source of Once again, I commend Chairman range impact of this legislation would funding for community banks have steadily declined and largely are being replaced by LUGAR and Congressman TOM EWING, be to make locally based financial in- loans from the Federal Home Loan Banking the Chairman of the Subcommittee on stitutions more competitive for depos- System. Risk Management, Research and Spe- its, help stem the dwindling deposit Once this idea was floated, Senator cialty Crops, as well as all staff in- base many areas face, and lead to new Gramm, and ever-pure free marketer, re- volved for their outstanding work in investments in our communities. acted with a resounding ‘‘No way—not on my making this important legislation a re- Congress last addressed the issue of a watch!’’ At a recent Senate committee hear- ality. deposit insurance increase in 1980. At ing (on an unrelated subject) Gramm gained support for his position from the secretary of EXHIBIT 1 that time, we increased the insured level from $40,000 to $100,000. Congress the Treasury and the Fed chairman. Treas- DECEMBER 15, 2000. ury said it doesn’t agree with the proposal Hon. TOM HARKIN, has not adjusted that level since 1980. because it increases risk taking and possible Ranking Member, Committee on Agriculture, In real terms, inflation has eroded al- government liability; Greenspan said ‘‘no’’ Nutrition, and Forestry U.S. Senate, Wash- most half of that protection. because he feels it’s a subsidy for the rich. (I ington, DC. Every bank or thrift customer knows guess he’s been in government so long that DEAR SENATOR HARKIN: The Members of that the FDIC insures deposits up to anyone who has over $100,000 is really rich.) the President’s Working Group on Financial $100,000. For many people, that notice Do these opinions nix the possibility for a Markets strongly support the Commodities change in the deposit insurance ceiling? I Futures Modernization Act. This important symbolizes that the financial might of the United States government stands don’t believe so. This is a complex issue that legislation will allow the United States to will require congressional hearings and much maintain its competitive position in the behind their banking institution. We research, because it relates to ‘‘too big to over-the-counter derivative markets by pro- learned the hard lessons of the 1930s, fail’’ policies and overall financial reform. viding legal certainty and promoting innova- and created the FDIC to protect and Here are some of the important points to be tion, transparency and efficiency in our fi- strengthen our financial system. weighed in this debate. nancial markets while maintaining appro- In rural communities across Amer- Increasing deposit insurance brings more priate protections for transactions in non-fi- ica, local banks serve as the hub of the financial risk to government—Possible, but nancial commodities and for small investors. town. Every business in town relies on unlikely, since the bank insurance fund has Sincerely, the bank for funding. The banker never cost the Treasury a penny (the thrift LAWRENCE H. SUMMERS, insurance fund is the one that went broke. Secretary, Department knows the town, and the town knows Even Chairman Tanoue and Fed Governor of the Treasury. the banker. In many ways, each knows Meyer have pointed out that the greatest ARTHUR LEVITT, it disappears without the other. risk to the fund is likely to be the failure of Chairman, Securities Individuals in these towns like to a large complex bank. Moreover, the risk is and Exchange Com- know who is handling their money. much greater to the federal government mission. They like the idea that their funds are when it supports a huge home loan bank fi- ALAN GREENSPAN, secure in their home town. And, they nancing institution (another quasi-govern- Chairman, Board of like the fact that their money can be mental agency such as Fannie Mae or Freddie Mac)—where any trouble means big Governors of the leveraged into other investments that Federal Reserve. trouble. WILLIAM J. RAINER, will improve their communities. The It distorts the operations of the free mar- Chairman, Commodity more deposits a bank has, the more ket—This is also referred to as creating a Futures Trading loans it can make. These loans are ‘‘morale hazard,’’ the idea being that FDIC Commission. made locally, and serve as an invest- depositors won’t have to worry about the f ment in local communities. condition of the bank. Of course, the so- The MAIN Street Act will help pre- called free market is out of kilter anyway, INCREASING THE FEDERAL serve these small towns and commu- what with the Federal Reserve’s discount DEPOSIT INSURANCE LEVEL window and the Treasury’s bailout of Mexico nities. It will bring greater liquidity to and half of Asia through the IMF. In fact, Mr. JOHNSON. Mr. President, I rise community banks and promote growth the government seldom does anything that today to briefly discuss S. 2589, the and development. I look forward to doesn’t impact the free market (think envi- Meeting America’s Investment Needs working with the FDIC and other ronmental protection, antitrust, regulation in Small Towns Act, or the MAIN banking leaders as we seek to update of good drugs, bad drugs, and so on). The Street Act as I call it. Not only is Main our banking insurance protections to issue of whether to increase the deposit in- Street the acronym formed by this allow small banks to compete with surance ceiling has less to do with distortion title, but it goes to the heart of why other investment opportunities avail- of the free market than it does with whether this legislation is necessary. this particular action in total is ‘‘good for able. I ask unanimous consent to have the country.’’ (In the case of Mexico, for in- As we move into the new economy, printed in the RECORD an article by stance, the free marketers decided that a money is flowing from our small towns Bill Seidman which further outlines U.S. bailout of rich U.S. business leaders was and communities to the larger finan- some of the issues surrounding federal good for the country and the world; bingo, cial markets. While each individual in- deposit insurance. the funds were granted.) vestment decision may make sense, the There being no objection, the article It’s a subsidy for the rich—It’s debatable cumulative effect is a wealth drain was ordered to be printed in the whether FDIC insurance is a subsidy at all. Most economists (though not Greenspan) from rural America. Money invested in RECORD, as follows: Wall Street is not invested on Main doubt that there is much of a subsidy be- $200,000 OF FDIC INSURANCE? THE BATTLE cause the banks have paid for all of the in- Street. Wall Street wizards can work HAS JUST BEGUN surance and the insurance fund has covered wonders with a portfolio, but they The battle is on—in one corner there’s the any losses. don’t fund a new hardware store down proverbial David in the person of the FDIC Now that I’ve laid out the opposing views, the street. They don’t go the extra Chairman Donna Tanoue, and in the other here are several good reasons for approving mile to help a struggling farmer whose corner, three giant Goliaths—Senate Bank- the FDIC deposit guarantee increase: family they have served for years. And ing Committee Chairman Phil Gramm, It will level the competitive playing field— Treasury Secretary Lawrence Summers, and Historically, governments have protected all they don’t sponsor the local softball Federal Reserve Board Chairman Alan bank depositors when very large banks are in team. Greenspan trouble, thus providing an implicit guar- By increasing the federally insured Technically the conflict is over the FDIC’s antee of unlimited insurance for those insti- deposit level, we can help community Deposit Insurance Option Paper (published in tutions (e.g., Japan, Saudi, Korea, Thailand,

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.079 pfrm04 PsN: S15PT2 S11898 CONGRESSIONAL RECORD — SENATE December 15, 2000 and the U.S.). Therefore, at the very least, Director; Adam Condo, Systems Adminis- Assistant; Patricia Wierzbicki, Regional Di- the increase to $200,00 tends to give commu- trator; Jon Cool, Staff Assistant; Ann H. rector; Gregg Willhauck, Legislative Coun- nity banks a better chance to maintain their Coulter, Judiciary Counsel; Majida Dandy, sel; Billie Kops Wimmer, State Director. deposit base against a too-big-to-fail compet- Executive Assistant; Anthony Daunt, Staff Mr. ABRAHAM. Mr. President, I itor. Assistant. thank my colleagues for this oppor- The increase will reduce the risk that Joe Davis, Director of Communications; smaller banks and the communities they Nina De Lorenzo, Press Secretary; Larry D. tunity, and I yield the floor. serve will stagnate due to the banks’ inabil- Dickerson, Chief of Staff/Michigan Oper- f ity to obtain funding at a reasonable cost— ations; Joanne Dickow, Legal Advisor; Hope BENEFITS IMPROVEMENT AND Durant, Executive Assistant to the Chief of It could also reduce future FDIC insurance PROTECTION ACT payments if these weak banks fail in the Staff; Sharon Eineman, Senior Caseworker. next recession. (Incidentally, an FDIC study Paul Erhardt, Special Assistant; Tom Mr. BAUCUS. Among the most press- shows that if the insurance level had been at Frazier, Regional Director; Bruce Frohnen, ing issues facing American senior citi- $200,000 during the problems of the ’80s and Speech Writer; Renee Gauthier, Caseworker; zens and persons with disabilities is the ’90s, it would not have materially increased Jessica Gavora, Special Advisor; David need for coverage of prescription drugs Glancy, Staff Assistant; Thomas Glegola, FDIC insurance costs.) under Medicare. While we in Congress The increase will help to maintain a bank- Special Assistant. ing system that is decentralized and di- Todd Gustafson, Regional Director; Alex continue to work to reach consensus on verse—This type of system helps the econ- Hageli, Staff Assistant; Mary Harden, Staff a Medicare prescription drug benefit, I omy, boosts productively, and promotes en- Assistant; Phil Hendges, Regional Director; applaud the bipartisan efforts of my trepreneurship—important factors in our Paul Henry, Staff Assistant; Joanna Her- colleagues to restore and preserve present prosperity. man, Special Assistant; Melissa Hess, Staff Medicare coverage for certain It provides a savings incentive—As more Assistant. injectable drugs and biologicals that baby boomers retire with savings in excess of Stephen Hessler, Deputy Press Secretary; Kate Hinton, Deputy Chief of Staff; David are crucial to seniors and persons with $100,000, the increased FDIC insurance cov- debilitating chronic illnesses. To this erage will provide a convenient and conserv- Hoard, Special Assistant; Kevin Holmes, Spe- ative savings option and will encourage sav- cial Assistant; Kelly Hoskin, Caseworker; end the Act contains a tremendously ings, which all economists agree would be Michael J. Hudome, Special Assistant; important provision which amends Sec- good for the U.S. economy. Randa Fahmy Hudome, Counselor. tion 1861(s)(2) of the Social Security You may have guessed by now that I’m F. Chase Hutto, Judiciary Counsel; Mi- Act relating to coverage under Medi- rooting for the corner with little David chael Ivahnenko, Staff Assistant; Eunice care Part B of certain drugs and (Chairman Tanoue) in this important policy Jeffries, Regional Director; Kaveri Kalia, biologicals administered incident to a showdown—and the battle is far from over. Press Assistant; Raymond M. Kethledge, Ju- diciary Counsel; Elizabeth Kessler, General physician’s professional service. Be- Why? I’ll simply use the litmus test that ap- cause it is expected that the Act will plies to all other proposed reforms: It’s good Counsel; Kevin Kolevar, Senior Legislative for the country. Assistant. be passed without any accompanying Jack Koller, Systems Administrator; Committee Report language, and due f Kerry Kraklau. Systems Administrator; to its importance to thousands of citi- RECOGNITION OF SERVICE TO THE Peter Kulick, Caseworker; Kristin La zens, I rise to explain this statutory Mendola, Staff Assistant; Patricia LaBelle, language. STATE OF MICHIGAN Regional Director; Brandon L. LaPerriere, The Medicare Carrier Manual speci- Mr. ABRAHAM. Mr. President, as I Legislative Assistant; Stuart Larkins, Staff fies that a drug or biological is covered leave the service of the Senate, I would Assistant. under this provision if it is ‘‘usually’’ like to take a moment and recognize Matthew Latimer, Special Assistant; Jo- seph P. McMonigle, Administrative Assist- not self-administered. Under this the service of my dedicated staff over ant/General Counsel; Eileen McNulty, West standard, Medicare for many years cov- these last six years. Pay in a Congres- Michigan Director; Meg Mehan, Special As- ered drugs and biological products ad- sional office is not great, Mr. Presi- sistant; Rene Myers, Regional Director; Jen- ministered by physicians in their of- dent, the hours are incredibly long, and nifer Millerwise, Staff Assistant; Denise fices and in other outpatient settings. often times the work they do goes Mills, Staff Assistant. In August 1997, however, the Health unheralded. But still these staffers Maureen Mitchell, Staff Assistant; Sara Care Financing Administration issued dedicate their time and effort to help- Moleski, Regional Director; Jessica Morris, a memorandum that had the effect of ing the people of Michigan and advanc- Deputy Press Secretary; Margaret Murphy, Press Secretary; Tom Nank, Southeast eliminating coverage for certain prod- ing their interests. Michigan Assistant; James Patrick Neill, Di- ucts that could be self-administered. I would like to take this opportunity, rector of Scheduling; Shawn Neville, North- This changed policy interpretation re- on behalf of the people of the State of ern West Michigan Regional Director. sulted in thousands of patients who Michigan, to thank them all for their Na-Rae Ohm, Special Assistant; Lee until that time had had coverage for dedicated and tireless service. Liberman Otis, Chief Judiciary Counsel; drugs or biologicals for their illnesses, Mr. President, at this point I would Kathryn Packer, Director of External Af- fairs; Chris Pavelich, Regional Director; including intramuscular treatments for like to enter into the RECORD a list of John Petz, Southeast Michigan Director; multiple sclerosis, being denied cov- those people that have served on my James L. Pitts, Chief of Staff; Conley Poole, erage for these same drugs and staff, both here in Washington and Staff Assistant. biologicals. At a time when the Con- back in Michigan, as a way of thanking John Potbury, Regional Director; Tosha gress and the Administration are seek- them. Pruden, Caseworker; Laurine Bink Purpuro, ing to expand Medicare prescription There being no objection, the mate- Deputy Chief of Staff; Lawrence J. Purpuro, drug coverage, this HCFA policy has rial was ordered to be printed in the Chief of Staff; Brian Reardon, Legislative led to a reduction in coverage of many RECORD, as follows: Assistant; Elroy Sailor, Special Assistant; David Seitz, Mail Room Manager. treatments. STAFF OF SENATOR SPENCER ABRAHAM, 1994– Dan Senor, Director of Communications; The Act’s language clarifies the 2000 Mary Shiner, Regional Director; Anthony Medicare reimbursement policy to en- Mohammed Abouharb, Staff Assistant; Shumsky, Regional Director; Alicia sure that HCFA and its contractors Stuart Anderson, Director of Immigration Sikkenga, Special Assistant; Lillian Simon, will reimburse physicians and hospitals Policy and Research; Gregory Andrews, Re- Staff Assistant; Lillian Smith, Director of for injectable drugs and biologicals for gional Director; Anthony Antone, Deputy Scheduling; Anthony Spearman-Leach, Re- Chief of Staff; Sandra Baxter, Assistant to gional Director. illnesses such as multiple sclerosis and the State Chief of Staff; Beverly Betel, Staff Robert Steiner, Mail Room Manager; Anne various types of cancer as they had Assistant; Rachael Bohlander, Legislative Stevens, Special Assistant; Matthew Suhr, been reimbursed prior to the 1997 Assistant. Special Assistant; Julie Teer, Press Sec- memorandum. The new statutory lan- David Borough, Computer Specialist; retary; Amanda Trivax, Staff Assistant; guage contained in the Act requires Michell Brown, Staff Assistant; Katja Bul- Meagan Vargas, Special Assistant; Shawn coverage of ‘‘drugs and biologicals lock, Office Manager; Carrie Cabelka, Staff Vasell, Staff Assistant. which are not usually self-administered Assistant; Cheryl Campbell, Regional Direc- Olivia Joyce Visperas, Staff Assistant; Sue tor; Robert H. Carey, Jr., Legislative Direc- Wadel, Legal Advisor; Seth Waxman, Case- by the patient,’’ thus restoring the cov- tor; David Carney, Mail Room Manager. worker; Jeffrey Weekly, Special Assistant; erage policy that was in effect prior to Joseph Cella, Regional Director; Cesar V. Jennifer Wells, Caseworker; La Tonya Wes- the August 1997 HCFA memorandum. Conda, Administrative Assistant/Legislative ley, Special Assistant; Tyler White, Special In carrying out this provision, HCFA

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.079 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11899 should not narrowly define the word for a new, exciting opportunity to de- Spanish Government has requested ‘‘usually.’’ Nor should HCFA make un- velop corporate strategy and to head Mexico to extradite Richardo Miguel supported determinations that a drug Napster’s new Washington office. He is Cavallo, a former Argentine naval offi- or biological is usually self-adminis- the right guy for this job. He has the cer who served under the military tered. In addition, HCFA should as- energy and the know-how to help Con- junta, on charges that include the tor- sume, as it did for many years, that gress understand and connect with the ture of Spanish citizens. Medicare patients do not usually ad- complex and rapidly changing high- A number of human rights cases have minister injections or infusions to tech world. Manus is the kind of person also been heard in U.S. civil courts. In themselves, while oral medications who does not face the challenges of an August, 2000, $745 million was awarded usually are self-administered. HCFA unknown future with dread, but rather to a group of refugees from the Balkans should also continue to take into ac- with enthusiasm. who accused Radovan Karadzic of con- count the circumstances under which So, as we close out this extraor- ducting a campaign of genocide, rape, the drug or biological is being adminis- dinary 106th Congress, I hope my col- and torture in the early 1990s. Also tered. For example, products that are leagues will join me in expressing ap- that month, an organization rep- administered in emergencies should be preciation to Manus for his loyalty and resenting Chinese students who are covered even though self-administra- his tremendous contribution to the suing the Chinese Government for its tion is the usual method of administra- Senate and to public service. I wish brutality during the 1989 Tiananmen tion, in a non-emergency situation. him all the best in the future. Square protests, successfully served pa- I believe that to implement Congres- f pers on Li Peng, the former Chinese sional intent on this provision, HCFA THE INTERNATIONAL CRIMINAL Premier, as part of an ongoing lawsuit. must promptly issue a memorandum to COURT They are important steps towards inform its contractors (e.g. carriers holding individuals accountable, deter- Mr. LEAHY. Mr. President, I rise and intermediaries) of the change in ring future atrocities, and strength- today to voice my strong support for the law. ening peace. But the ICC would fill sig- I commend the efforts of the bipar- the International Criminal Court, ICC. nificant gaps in the existing patchwork tisan sponsors of this provision for cor- Like all Senators, indeed like all of ad hoc tribunals and national courts. Americans, I understand the need to rectly clarifying the intent of the For example: safeguard innocent human life in war- Medicare reimbursement coverage pol- A permanent international court time, at the same time that we ensure icy for injectable drugs and biologicals. sends a clear signal that those who that the rights of our military per- This issue is of vital importance to commit war crimes, crimes against hu- sonnel are protected. The Rome Treaty thousands of our citizens that are af- manity, and genocide will be brought establishing the International Crimi- flicted with debilitating illness such as to justice. nal Court will achieve both those goals, multiple sclerosis. As Congress and the By eliminating the uncertainty and and I urge President Clinton to sign nation continue to engage in a discus- protracted negotiations that surround the Treaty before the December 31 sion on expanding prescription drug the creation of ad hoc tribunals, the deadline. Court will be more quickly available coverage under Medicare, this is an im- The Treaty was approved overwhelm- for investigations and justice will be portant step to provide our seniors and ingly two years ago by a vote of 120 to achieved sooner. persons with disabilities with the life- 7. Since then, 117 nations have signed International crimes tried in na- saving prescription drugs and the Treaty—including every one of our tional courts can result in conflicting biologicals that they deserve. I look NATO allies except Turkey, all of the decisions and varying penalties. More- forward to continue working with the European Union members, and Russia. over, sometimes governments take uni- Administration and HCFA to ensure Regrettably, the U.S. joined a handful lateral actions, even including kid- that our seniors and persons with dis- of human rights violators like Libya naping, to enforce prosecutorial and ju- abilities receive coverage for injectable and Iraq in voting against it. Only one drugs and biologicals. of our democratic allies voted with us, dicial decisions. The Court will help to f and it is quite possible that we will end avoid these problems. The Court will act in accordance up as the only democratic country that FAREWELL TO MANUS COONEY with fundamental standards of due is not a party to the Court. Mr. HATCH. Mr. President, I would During the last century, an esti- process, allowing the accused to re- like to take just a moment to offer my mated 170 million civilians were the ceive fairer trials than in many na- public thanks and appreciation to the victims of war crimes, crimes against tional courts. Judiciary Committee’s chief counsel humanity, and genocide. Despite this In the past, when the international and staff director, Manus Cooney, for appalling carnage, the response from community established war crimes tri- all his dedicated work over the last 7 the international community has been, bunals, the United States was at the years he has served on my staff, and for at best, sporadic, and at worst, non- forefront of those efforts. The perform- his exemplary 12-year career in the existent. ance of the U.S. delegation at Rome Senate. While there was progress imme- was no different. The U.S. ensured that Manus has been my right hand. I diately following World War II at Nur- the Court will serve our national inter- want to state that for the RECORD so emberg and Tokyo, the Cold War saw ests by being a strong, effective insti- that 10 years from now his daughters— the international community largely tution and one that will not be prone Caitlin, Claire, and Tara—will know abdicate its responsibility and fail to to frivolous prosecutions. why their father was hardly ever home bring to justice those responsible for Why then did the United States op- for dinner. Let me say to them that, unspeakable crimes, from Cambodia to pose the Treaty, despite getting almost without his tremendous efforts, we Uganda to El Salvador. everything it wanted in the negotia- could not have accomplished half as In the 1990s, there was renewed tions? Many observers feel that it was much for our country. progress. The U.N. Security Council es- because the Administration could not Let me also say to my colleagues tablished a tribunal at The Hague to get iron-clad guarantees that no Amer- that I know Manus was tenacious. Sen- prosecute genocide and other atrocities ican servicemen and women would ators and staff alike always took it se- committed in the Former Yugoslavia. ever, under any circumstances, come riously when Manus was on a mission. A second tribunal was formed in re- before the Court. A related concern was Believe me, I got as many orders and sponse to the horrific massacre of more that the Treaty empowers the Court to assignments as you did. than 800,000 people in Rwanda. indict and prosecute the nationals of Seriously, though, it was amazing to In addition, individual nations have any country, even countries that are me how Manus always kept the faith— increasingly taken action against not party to the Treaty. he believed in what we were doing and those who have committed these The legitimate concern about pros- never gave up. crimes. ecutions of American soldiers by the I am going to miss him. He will be Spain pursued General Pinochet, and Court, while not trivial, arises from a leaving my office at the end of the year he may yet be prosecuted in Chile. The misunderstanding of the Court’s role.

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.081 pfrm04 PsN: S15PT2 S11900 CONGRESSIONAL RECORD — SENATE December 15, 2000 The U.S. has been successful in obtain- ments?’’ If the U.S. becomes increas- We all know that it is simply not ing important safeguards to prevent ingly isolated, our soldiers will face possible to be part of an international political prosecutions: greater, not less, risk. regime and get absolutely everything First, the ICC is neither designed nor Such increasing risk is wholly unnec- one wants. Nay sayers can always in- intended to supplant independent and essary. Our Armed Forces are known vent implausible scenarios that pose effective judicial systems such as the globally for their strict adherence to some risk. The key question is: do the U.S. courts. Under the principle of international humanitarian law and benefits of signing the Rome Treaty ‘‘complementarity’’, the Court can act conventions governing the conduct of a and throwing our weight and influence only when national courts are either military in wartime. Signing the Rome behind it, outweigh the risks? I believe unwilling or unable to prosecute. Treaty would be the clearest indication the answer is clearly yes. Second, the Court would only pros- possible that we are proud of this Mr. President, the Treaty provides an ecute the most atrociousinternational record, and are working every day to adequate balance of strength and dis- crimes such as genocide and crimes uphold it. cretion to warrant signature by the against humanity. The U.S. was instru- Mr. President, I too am troubled by United States. On the one hand, the mental in defining the elements of the precedent of exerting jurisdiction Court is strong enough to bring war these crimes and in establishing high over non-party nationals. While this is criminals to justice and provide a de- thresholds to ensure that the Court a key component of the Treaty which terrent against future atrocities. On would deal with only the most egre- prevents rogue nations from shielding the other, there are important checks gious offenses. war criminals from the Court’s juris- in place to minimize the risks of sham Third, the Court incorporates the rig- diction by refusing to become a party, prosecutions of American troops. Yet, orous criteria put forth by the United it could also invite mischief in the fu- without the active participation and States for the selection of judges, en- ture. What if, for example, a dozen support of the United States—the old- suring that these jurists will be inde- states were to join in a treaty that as- est and most powerful democracy on pendent and among the most qualified serts jurisdiction over non-parties for Earth committed to the rule of law— in world. Further, the Rome Treaty the explicit purpose of targeting the the Court will never realize its poten- provides for high standards for the se- citizens of the United States and its al- tial. lection of the prosecutor and deputy lies? Will the Rome Treaty set a prece- I agreed with President Clinton when prosecutor, who can be removed by a dent that could make this more likely? he stated that, ‘‘nations all around the vote of the majority of states parties. In fact, there is nothing to prevent world who value freedom and tolerance Finally, the Court provides for sev- that from happening today, and it is [should] establish a permanent inter- eral checks against spurious com- highly unlikely that such treaties national court to prosecute, with the plaints, investigations, and prosecu- would achieve legitimacy. They would support of the United Nations Security tions. Before an investigation can almost certainly not become recog- Council, serious violations of humani- occur, the prosecution must get ap- nized parts of international law and tarian law.’’ proval from a three-judge pre-trial convention. While it is essential that Those words reminded me of the chamber, which is then subject to ap- we do everything possible to protect President’s speech at the United Na- peal. Moreover, the U.N. Security the rights of American citizens, we also tions six years ago, when he called for Council can vote to suspend an inves- want an effective Court. Indeed, there an international treaty banning anti- tigation or prosecution for up to one are almost certainly to be cir- personnel landmines. Two years later, year, on a renewable basis, giving the cumstances when we would support ICC when many of our allies and friends Security Council a collective veto over jurisdiction over non-party nationals. were negotiating such a treaty, the Ad- the Court. Critics argue that the United States ministration, bowing to the Pentagon, Because of these safeguards, our should ‘‘block’’ the ICC. They are mis- chose to sit on the sidelines. They as- democratic allies—Canada, England, informed. That is not an option. The sumed, wrongly, that without U.S. sup- France, Ireland—with thousands of requisite 60 countries are going to rat- port the process would run out of troops deployed overseas in inter- ify the Treaty, and the Court will have steam, and they even tried, at times, to national peacekeeping and humani- jurisdiction over citizens of non-par- undermine it. tarian missions, have signed the Trea- ties, whether or not the U.S. signs. Only in the final days, when the Ad- ty. The real issue is whether we sign the ministration finally realized the mine The Pentagon has, from day one, ar- Treaty and enable the U.S. to continue treaty was going to happen with or gued that the United States should not to play a crucial role in shaping the without the U.S., did they make sev- sign the Treaty unless we are guaran- ICC, ensuring that it serves its in- eral ‘‘non-negotiable’’ demands. Essen- teed that no United States soldier will tended purpose of prosecuting the most tially, they said ‘‘okay, we will sign ever come before the Court. In other heinous crimes—not the U.S. Air Force the treaty, as long as it does not apply words ‘‘we will sign the Treaty, as long pilot who mistakenly bombs the wrong to our landmines.’’ Predictably, that as it does not apply to us.’’ That is a target, a tragic but inevitable con- was rejected. Today, 138 nations have totally untenable position, which not sequence of war. It is instructive, for signed that treaty and 101 have rati- surprisingly has not received a shred of those who raise the specter of political fied, including every NATO member ex- support from other governments, in- prosecutions, that the Tribunal for the cept the United States and Turkey, and cluding our allies and friends. Former Yugoslavia—which, like the every Western Hemisphere nation ex- There is no doubt that further nego- ICC, the U.S. had a key role in shap- cept the United States and Cuba. tiations can improve the ICC, but it is ing—declined to investigate allegations One would have thought we would unrealistic to expect to single out one’s of war crimes resulting from NATO have learned from that experience. The own citizens for immunity, in every bombing of Serbia. We will be in a far fact is that the United States can no circumstance, from the jurisdiction of better position to protect the rights of longer singlehandedly determine an international court. If that were American citizens if the Court must whether an international treaty comes possible, what would prevent other na- answer to the U.S. for its actions. into force. If we do not sign the Rome tions from demanding similar treat- We can sign the Treaty and make Treaty, there is a strong possibility ment? The Court’s effectiveness would clear that if the Court strays from its that the Court, its prosecutors and be undermined. intended purpose, we will take what judges will develop from the beginning Moreover, as the United States— steps are needed, from refusing to rat- an unsympathetic view towards the which has refused to sign the treaty ify to withdrawing from the Treaty. I United States and its official per- banning landmines, or to ratify the sincerely doubt, however, that will be- sonnel. That is especially so if we end comprehensive test ban treaty, or to come necessary. A key part of the up opposing the Court and its legit- pay our U.N. dues—is perceived as act- Court’s ability to function is its legit- imacy. Do we want a Court that views ing as if it is above the law, nations imacy. As others have said, ‘‘the itself in opposition to the United may begin to think ‘‘why should we politicization of the Court would States? Or do we want a Court whose honor our international commit- quickly end its relevance.’’ prosecutors and judges are selected

VerDate 15-DEC-2000 01:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.108 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11901 with the influence of the United Coventry, RI: Mandy L. Ponder. Gregory Norigian, Matthew Papino, Michael States, and a Court that must answer Cranston, RI: Laura R. Gauvin, Tara Parent, Ernest Rheaume, Mark Scott II, to the United States, as its most sig- Tomaselli, Lindsay Wood, Susan Papino, Marc Sherman, Jonathan Tipton. nificant state party, for its actions? Sarah Watterson. Cumberland, RI: Michael DiMeo, Michael Exeter, RI: Karissa D’Ambra, Kim McCar- Dubois, Timothy Fabrizio, Gregory Hindle, The answer should be obvious to any- thy, Meghan McDermott, Erin Klingensmith. Thomas Parrillo, James Twohey, John Val- one. Foster, RI: Shannon R. Casey. entine, John Wigmall, Christopher Young. Mr. President, it is unacceptable that Glendale, RI: Emily Beauchemin. East Greenwich, RI: Matthew Kazlauskas, the world’s oldest democracy—the na- Harrisville, RI: Kristin Bowser. Thomas Carbone, Jr., Stuart Fields, Steven tion whose Bill of Rights was a model Hope, RI: Meaghan McKenna. Fulks. for the Universal Declaration of Hope Valley, RI: Jennifer Gregory, Nichole Exeter, RI: Warren Halstead III. Human Rights, the nation that called Piacenza. Foster, RI: Paul Copp, Robert Schultz, Jr. Kingston, RI: Elizabeth Tarasevich. Fiskeville, RI: Jonathan Burns. for the creation of a permanent, inter- Mapleville, RI: Tia Sylvestre, Jessica national criminal court and did so Glocester, RI: Thomas Cavaliere. Wilcox. Greene, RI: Steven Autieri, Ryan Hall. much to make it a reality, has shrunk Middletown, RI: Kellie Di Palma. Greenville, RI: Thomas Bowater, Benjamin from this opportunity. The President North Kingstown, RI: Kelly-Ann Brooks, Folsom, Jason Marrineau, Joseph Stockley. should sign the Rome Treaty. Kellie Fitzpatrick, Brittany Kenyon, Eliza- Harrisville, RI: Davis Jackson, Matthew f beth Mackler, Kelley Barr, Rachel Glidden. Kucharski. Pascoag, RI: Erin Boucher, Sarah Hope Valley, RI: Eben Conopask, John TRIBUTE TO BOY SCOUTS AND Gautreau, Heather Hopkins, Jennifer Duell, Nicholas Haberek, Lucas Marland. GIRL SCOUTS Robillard. Jamestown, RI: Thomas Kelly, Joshua Pawtucket, RI: Stephanie Bobola, Emma Shea. Mr. L. CHAFEE. Mr. President, it is Locke, Brittany Smith, Allison Arden, Johnston, RI: Jason Cantwell, Geoffrey with great pleasure that I today pay Feliscia Facenda, Melissa Perez, Jessica Garzone, Christopher Lowrey, Anthony Theroux. tribute to the accomplishments of the Pezza, Michael Wilusz. Portsmouth, RI: Rachel Andrews, Laura Girl Scouts and Boy Scouts of Rhode Kingston, RI: Robert Dettman, Travis Mo- Cochran, Melissa Baker, Kathryn E. Powell, Island. These fine organizations in- rello. Sabrina A. Richard. clude an admirable group of young men Lincoln, RI: Bradford Avenia, Daniel May- Wakefield, RI: Lauren Behie, Emily Fran- nard, Jonathan Toft. and women who have distinguished co, Kate Danna, Jessica Piemonte. themselves as leaders in their commu- Warwick, RI: Stephanie Brock, Amanda Manville, RI: Peter Rernaud. nities. Miller, Jessica Ogarek, Nicole Patrocelli, Middletown, RI: John Greeley, Andrew Since the beginning of this century, Michelle Poirier, Danielle Dufresne, Sarah Gustafson, Jay Parker, Jr., Alexander the Girls Scouts and Boy Scouts of Pennington. Schwarzenberg, Matthew Sullivan, David Tungett. America have provided thousands of West Warwick, RI: Kaylin Kurkoski, Alyssa Lavallee, Capria Palmer, Stephanie Newport, RI: Jason Kowrach, James Ross. youngsters each year with the oppor- North Kingstown, RI: Christopher Nannig, tunity to make friends, explore new Danforth. Woonsocket, RI: Kayla Berard, Erica David Piehler, Jason Simeone. ideas, and develop leadership skills, Laliberte, Melissa Notorango. North Providence, RI: Adam Andolfo, Mi- along with a sense of determination, Wyoming, RI: Chantal Gagnon. chael Chatwin, Jr., Matthew Konicki. North Scituate, RI: Alan Campbell, Corey self-reliance, and teamwork. GIRLS SCOUT GOLD AWARD RECIPIENTS Charest, Jared Leduc, Jason Otto, Stephen These awards are presented only to Cranston, RI: Bethany Lavigne, Sarah those who possess the qualities that Vigliotti. Lavigne. North Smithfield, RI: Keith Gilmore. make our nation great: commitment to East Greenwich, RI: Elissa Carter, Rosanna Pawtucket, RI: Brian Gendreau, Peter excellence, hard work, and genuine Longenbaker. Blair, Nicholas Cetola, Eric Frati, Chris- love for community service. The Silver Harrisville, RI: Carissa Leal. topher Gojcz, Benjamin Sweigart, Alejandro and Gold Awards represent the highest Middletown, RI: Merideth Bonvenuto. Tobon. awards attainable by junior and high North Providence, RI: Bonnie Bryden, Ali- Portsmouth, RI: Mark Dragicevich, James school Girl Scouts. Becoming an Eagle son Kolc, Bethany Bader, Laura Di Magrath, Paul Myslinski, Richard Quintal, Tommaso. John Silvia III, Adam Tucker. Scout is an extraordinary award with Pawtucket, RI: Alyssa M. Nunes, Nicole D. which only the finest Boy Scouts are Providence, RI: Ashley Oneal, Matthew Gendron. Dorfman, Jonathan Goulet, Matthew Lynch, honored. To earn the award—the high- Warwick, RI: Amanda Cadden, Jeniece John Riley, Matthew Salisbury, Andrew est advancement rank in Scouting—a Fairbairn, Sara Berman, Dawn Armitage, Sawtelle, Stephen Winiarski. Boy Scout must demonstrate pro- Kristen Giza, Kathryn Marseglia, Justine Riverside, RI: Andrew Hurd, William Lange ficiency in the rigorous areas of leader- Evans, Carolyn Beagan. Phillip Olson, Chris Paiva. ship, service, and outdoor skills. West Warwick, RI: Jennifer L. Malaby. Rumford, RI: Jesse Crichton, Chris I ask my colleagues to join me in West Kingston, RI: Audra L. Criscione. Jamison. Westerly, RI: Heather Norman, Karen Smithfield, RI: Charles Ashworth, Brian congratulating the recipients of these McGarth. awards. Their activities are indeed Twohey, Gerard Lariviere II. EAGLE SCOUT RECIPIENTS worthy of praise. Their leadership ben- Wakefield, RI: Paul Ayers IV, Joshua Ashaway, RI: Steven Derby, Paul Dumas. Honeyman, Joshua Lamothe, Joshua Rosen, efits our community and they serve as Barrington, RI: Chris Browning, Vincent Wyatt Messinger. role models for their peers. Crossley, Chris Dewhirst, Jr., David Drew, Warren, RI: Jonathan Faris, William Kemp Also, we must not forget the unsung John Dunn, Jr., Daniel Fitzpatrick, Chris IV. heroes, who continue to devote a large Gempp, Chris Josephson, Patrick Kiely, Warwick, RI: Christopher Baker, Richard part of their lives to make all this pos- Brian Mullervy, Anthony Principe, Evan Agajanian III, Kenneth Arpin, Trevor Byrne- sible. Therefore, I salute the families, Read, Adam Resmini, Timothy Ryan, Robert Smith, James Carolan III, Robert Chace III, Scout leaders and countless others who Speaker. Jason Christensen, Michael Dean, Timothy have given generously of their time Blackstone, RI: Daniel Aleksandrowicz. Goodwin, Michael Havican, Eric Hayes, Bradford, RI: William Briggs, Jr., Thomas Gregory Hughes, Aaron Hughes, Peter Izzi, and energy in support of Scouting. Foley. Thomas Kelley, Daniel Linden, Jeffrey It is with great pride that I submit a Bristol, RI: Chris Cameron, Jason Machado, Robert MacNaught, John list of the young men and women of DeRobbio, Thomas DuBios, Matthew Frates, Mendonsa. Rhode Island who have earned this John Maisano IV, Timothy Pray. Westerly, RI: Jonathan Martin, Seth award. Charlestown, RI: Christopher Hyer, Jona- Merkel. Mr. President, I ask that the list be than Lyons, David Piermattei, Jr., Thomas West Greenwich, RI: Jeffrey Bowen. printed the RECORD. Schipritt. West Kingston, RI: Joshua McCaughey. The list of follows: Chepachet, RI: Eric Ahnrud, Donald West Warwick, RI: Eric Calcagni, Craig Gorrie, Jr., Benjamin King. Flanagan, Daniel Flynn, Warrick Monnahan, GIRLS SCOUT SILVER AWARD RECIPIENTS Clayville, RI: Geoffrey Lemieux. Chuck Moore. Barrington, RI: Sarah E. Oberg, Alison Or- Coventry, RI: John Ahern, Nicholas Brown, Wood River Junction, RI: Timothy lando, Shannon Johnston, Sarah Tompkins. Michael Camera, James MacDonald. Brusseau, Scott Morey. Charlestown, RI: Hillary Gordon. Cranston, RI: Anthony BaccariThomas Woonsocket, RI: Michael Minot Matthew Chepachet, RI: Margaret Pepper, Rebecca Darrow, Erik Fearing, Peter Gogol, Gregory Piette, Matthew Soucy, Gary Turner. Thurber, Jennifer Tucker. Johnson, Daniel Kittredge, Donald McNally, Wyoming, RI: Stetson Lee.

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.109 pfrm04 PsN: S15PT2 S11902 CONGRESSIONAL RECORD — SENATE December 15, 2000 PERMANENT RESIDENCY FOR we can, in good conscious, arbitrarily dental hygiene room. The units are LIBERIANS deny certain groups a remedy for the also staffed to deliver first-rate care. Mr. REED. Mr. President, I rise to- unintended and unjust consequences of Staffing will vary according to local night to express my deep disappoint- our immigration law. needs but is likely to include a pedia- ment that this final package does not I would also like to state that I be- trician, a pediatric nurse, and a man- include a provision that allows Libe- lieve that we have a special obligation ager. There may also be a social work- rian nationals living in this country to to the Liberians because of the special er, a dental hygienist, an asthma spe- adjust to permanent residency. ties the U.S. has with that country. cialist and/or medical residents, nurs- As I have told this body many times, Congress should honor the special rela- ing students, and interns in training. approximately 10,000 Liberians fled to tionship that has always existed be- The Ronald McDonald Care Mobiles the United States beginning in 1989 tween the United States and Liberia. will go directly into underserved com- when their country became engulfed in In 1822, groups of freed slaves from the munities. They will provide primary a civil war. In 1991, Attorney General U.S. began to settle on the coast of care, including immunizations and Barr granted Liberians Temporary Pro- Western Africa with the assistance of medical screenings; diagnosis, treat- tected Status (TPS) and renewed it in private American philanthropic organi- ment, referral, and followup for serious 1992. Under the Clinton administration, zations at the behest of the U.S. gov- medical and dental conditions; and Attorney General Reno continued to ernment. In 1847, these settlers estab- health education for children and their renew TPS for Liberians on an annual lished the republic of Liberia, the first families. Staff will also help eligible basis until last year when she granted independent country in Africa. Libe- families obtain government-assisted Deferred Enforced Departure. DED was rians modeled their constitution after health insurance and will partner with renewed again this year. the U.S. and named their capital Mon- communities to address critical local While Liberians can now legally live rovia after President James Monroe. childhood health needs. in the United States for another year, Mr. President, many of the Liberian Our children are our nation’s most it does not change the fact that they nationals in this country can trace precious resource. We are all beholden have lived in limbo for almost a dec- their ancestry to American slaves. We to the Ronald McDonald House Char- ade. The Liberians have lived in a ‘‘pro- owe them more than we are giving ities for bringing vital health care to tected status’’ longer than any other them tonight. the underserved so that they may learn group in the history of this country. When Liberians arrived in this coun- and play and grow up strong. This These individuals have played by the try, they expected to stay only a short truly is giving back to the community rules. From the beginning, they have time and to return home once it was at its finest. always lived in this country legally. safe. But one year turned into many f They have established careers, opened and they moved on with their lives. PROTECTING THE RIGHTS OF businesses, bought homes, had Amer- They are now part of our community. IMMIGRANT WORKERS ican-born children, and contributed to They deserve the same benefits that we Mr. KENNEDY. Mr. President, four- our communities. Yet, they are unable have given so many others—the rights teen years ago, Congress passed the Im- to enjoy the basic rights and privileges of citizenship. It is my hope that we migration Reform and Control Act of of U.S. citizenship. These people de- can address this grievous situation 1986, IRCA. That Act has had undeni- serve better. early in the 107th Congress. We need to For several years I have been work- ably profound effects on the nation— right a wrong. both positive and negative. IRCA set ing to see that the Liberians receive f the justice they deserve. In March 1999, into motion the current legalization I introduced S. 656, the Liberian Ref- RONALD MCDONALD HOUSE CHAR- program, which has brought millions of individuals out of the shadows of ille- ugee Immigration Fairness Act which ITIES’ NEW CHILD HEALTH PRO- gal immigrant status and onto a path would allow Liberian nationals who GRAM of temporary status, permanent status had received TPS to adjust to perma- Mrs. HUTCHISON. Mr. President, I and, ultimately, United States citizen- nent residency. For almost two years I rise to recognize the Houston arrival of ship. At the same time, IRCA author- have been unable to convince my col- a Ronald McDonald Care Mobile—a ized employer sanctions which, in addi- leagues to hold a hearing, debate this state-of-the-art pediatric mobile tion to not deterring illegal immigra- issue on the floor, or pass the bill. I did healthcare unit. It is one of the first in tion, have led to a false document in- everything I believed was necessary to an innovative initiative of the Ronald dustry and caused discrimination garner support for this legislation. I McDonald House Charities, known and against Latino, Asian, other immi- spoke on the floor, I wrote ‘‘Dear Col- respected worldwide for its dedication grant workers, and even United States leagues’’, I gathered cosponsors on to improving children’s health. citizens, who by their accent or appear- both sides of the aisle, I spoke person- In cooperation with its local affili- ance are wrongly perceived as being ally with the leadership of both parties ates and local hospitals or health sys- here illegally. and the White House. Despite these ef- tems, RMHC has begun rolling out Many of us supported the provision forts, the plight of the Liberians has these Ronald McDonald Care Mobiles in IRCA which created an office to ad- not been recognized and their status to bring free medical and dental serv- dress cases of discrimination resulting has not been resolved. ices to children in underserved commu- from employer sanctions. Since then, The situation facing the Liberians is nities. The Houston Ronald McDonald the Department of Justice Office of not a novel issue for Congress. In the Care Mobile will be operated and Special Counsel for Immigration Re- time that the Liberians have lived in staffed by the Harris County Hospital lated Unfair Employment Practices, this country, several other immigrant District. It will travel, on a regular OSC, has enforced the anti-discrimina- groups, including 52,000 Chinese, 4,996 schedule, to schools, churches, apart- tion provisions and provided relief to Poles, 200,000 El Salvadorans, 50,000 ment complexes and other neighbor- workers who have faced immigration- Guatemalans and 150,000 Nicaraguans, hood sites where need is great. This related job discrimination. who lived in the U.S. under temporary RMHC partnership will significantly One of the innovative accomplish- protective status for far less time have strengthen the District’s capacity to ments of OSC has been to develop effec- been allowed to adjust to permanent serve the county’s disadvantaged chil- tive partnerships with state and local status. Just last month we passed a bill dren and their families. government civil rights agencies. A adjusting the status of 4,000 Syrian The Ronald McDonald Care Mobiles Memoranda of Understanding enables Jews. There are those who have argued are a far cry from the usual converted the civil rights agencies who are sup- that it is time to stop passing ‘‘nation vans and school buses. They are spe- posed to work together to do just that. specific’’ immigration fixes and to im- cially-designed pediatricians’ offices on As a result, all agencies are better plement a system that is comprehen- wheels, with two patient examination equipped to prevent and eradicate dis- sive and fair. I fully agree. But until we rooms, a laboratory, reception and crimination. reach that point and are ready to pass medical records areas and, in some Recently, the Massachusetts Com- such legislation, I do not believe that cases, a hearing screening booth and mission Against Discrimination joined

VerDate 15-DEC-2000 03:16 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.124 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11903 with the OSC to educate employers, FEDERAL JUDGESHIP only in Wisconsin, but across the Na- workers and the general public in the Mr. KOHL. Mr. President, today this tion. state and to work together to address Congress has expanded accessibility to In conclusion, having a Federal judge discrimination. The Boston Globe justice for hundreds of thousands of in Green Bay will reduce costs and in- praised the work of the Office of Spe- residents of northern Wisconsin by cre- convenience while increasing judicial cial Counsel and urged increases in its ating a Federal judgeship to sit in efficiency. But most important, it will staff and budget in order for it to keep Green Bay, WI. Let me explain how help ensure that justice is more avail- up with the growing number of new- this judgeship will alleviate the stress able and more affordable to the people comers and employers. In the words of that the current system places on busi- of northeastern Wisconsin. the editorial, ‘‘This would help immi- ness, law enforcement agents, wit- f grants and the economy—a winning nesses, victims and individual litigants ILO CONVENTION 182 move for the United States.’’ in northeastern Wisconsin. RATIFICATION I ask unanimous consent for the Bos- First, while the four full-time dis- ton Globe editorial, ‘‘Protecting Immi- trict court judges for the Eastern Dis- Mr. HARKIN. Mr. President, I rise grants,’’ to be printed in the RECORD. trict of Wisconsin currently preside in today to commemorate the first anni- There being no objection, the mate- Milwaukee, for most litigants and wit- versary of U.S. ratification of the ILO’s rial was ordered to be printed in the nesses in northeastern Wisconsin. Mil- newest core human rights convention: RECORD, as follows: waukee is well over 100 miles away. In ILO Convention #182—the Elimination [From the Boston Sunday Globe, Oct. 19, fact, as the courts are currently ar- of the Worst Forms of Child Labor. 2000] ranged, the northern portion of the Last Friday was not just the first an- niversary of ILO Convention #182. It PROTECTING IMMIGRANTS Eastern District is more remote from a Federal court than any other major was also the date on which Convention Working immigrants are like high-octane #182 came into effect in the United fuel for the economy. Given the nation’s population center, commercial or in- shortage of workers, hiring immigrants is a dustrial, in the United States. Thus, States. That means the first report on great way to fill jobs, whether in high-tech litigants and witnesses must incur sub- U.S. compliance with the terms of this or in restaurants. stantial costs in traveling from north- treaty is due in Geneva by next Sep- But immigrants can face serious job dis- ern Wisconsin to Milwaukee—costs in tember. crimination. Some don’t know their rights. terms of time, money, resources, and I have long been deeply involved in Others are afraid to complain. That’s why effort. Indeed, driving from Green Bay the struggle to end abusive child labor. federal and state governments must improve to Milwaukee takes nearly two hours Ten years ago, the scourge of abusive enforcement of fair work practices. each way. Add inclement weather or a child labor was spreading in the U.S. One tool is in place, but it needs to grow. and throughout the world with little In 1986, eager to crack down on illegal im- departure point north of Green Bay— migration, Congress passed the Immigration such as Oconto or Marinette—and often notice or concern from our govern- Reform and Control Act. The law threatened the driving time alone actually exceeds ment. employers with fines unless they verified the amount of time witnesses spend That is why I supported the first- that new hires were legally eligible to work. testifying. ever, day-long Capitol Hill forum on Congress knew that turning employers Second, Wisconsin’s Federal judges the Commercial Exploitation of Chil- into immigration cops could lead to more serve a disproportionately large popu- dren. I had two primary goals in mind discrimination. So the act also created the lation. I commissioned a study by the back then. Office of Special Counsel for Immigration General Accounting Office which re- First, I wanted to sound an alarm Related Unfair Employment Practices. Today, the Office for the Special Counsel vealed that Wisconsin Federal judges about the increase in abusive child fights discrimination based on national ori- serve the largest population among all labor in the U.S. and overseas. Second, gin and citizenship status. It cracks down on Federal judges. Each sitting Federal I wanted to elevate this human rights ‘‘document discimination’’—asking for more judge in Wisconsin serves an average and worker rights challenge to a global proof of work status than is legally re- population of 859,966, while the remain- priority. quired—and on rarer cases of employer retal- ing Federal judges across the country— I am heartened to report that signifi- iation. The office also mediates disputes and more than 650—serve less than half cant progress has been made in the trains employers and human service pro- that number, with an average of 417,000 past decade, even though much re- viders. mains to be done. This work goes on in states with large im- per judge. For example, while Lou- migrant populations, like New York and isiana has fewer residents than Wis- In June of 1999, ILO Convention #182 California, but also in Arkansas, Oregon, and consin, it has 22 Federal judges, nearly was adopted unanimously—the first Nebraska, where immigrant populations are four times as many as our State. time ever that an ILO convention was growing. In the last two years, the office has Third, the Federal Government is re- approved without one dissenting vote. reached settlements with SmithKline Bee- quired to prosecute all felonies com- Just one year ago, the Senate, in cham, the pharmaceutical company, the At- mitted by Native Americans that occur record time, ratified ILO Convention lanta Journal Constitution newspaper, and on the Menominee Reservation. The #182 with a bipartisan, 96–0 vote. Iowa Beef Packers, a meat packing and proc- Reservation’s distance from the Fed- And today, 41 countries have ratified essing company in South Dakota. Last year, the special counsel’s office eral prosecutors and courts—more than ILO Convention #182—countries from awarded $45,000 to the Massachusetts Immi- 150 miles—makes these prosecutions every region of the world. 12 African grant and Refugee Advocacy Coalition, a problematic, and because the Justice nations, 12 European nations, 10 Amer- grant used statewide to education immi- Department compensates attorneys, in- ican Caribbean nations, 5 from the Mid- grants, train community agency staff, and vestigators and sometimes witnesses dle East, and 2 from Asia. Since the hold forums. The office recently formed a for travel expenses, the existing system ILO was established in 1919, never has valuable alliance with the Massachusetts costs all of us. Without an additional one of its treaties been ratified so Commission Against Discrimination. Since judge in Green Bay, the administration quickly by so many national govern- the office has no local branches, it is build- ing a nationwide web of local contacts whom of justice, as well as the public’s pock- ments. immigrants can turn to for federal help. etbook, will suffer enormously. In May of 2000, we enacted the Trade Unfortunately as national immigration Fourth, many manufacturing and re- and Development Act of 2000. This Act rates soar, the Office for the Special Counsel tail companies are located in north- included a provision I authored that re- is having trouble keeping up. Its activities eastern Wisconsin. These companies quires more than 100 nations that are limited by a small staff and a budget of often require a Federal court to liti- enjoy duty-free access to the American just under $6 million. Doubling the budget gate complex price-fixing, contract, marketplace to implement their legal would spread the office’s reach more evenly and liability disputes with out-of-State commitments to eliminate the worst across the country. It could take more pre- businesses. But the sad truth is that forms of child labor in order to keep ventative measures, helping employers be- fore laws are violated, instead of punishing many of these legitimate cases are these trade privileges. them once the harm is done. never even filed—precisely because the Since May, the State Department has This would help immigrants and the econ- northern part of the State lacks a Fed- demanded thorough review of the ef- omy—a winning move for the United States. eral court. This hurts businesses not forts of over 130 nations to eliminate

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.137 pfrm04 PsN: S15PT2 S11904 CONGRESSIONAL RECORD — SENATE December 15, 2000 the worst forms of child labor. The U.S. Their plight has prompted me to in- the New York press corps, he was an in- Labor Department is planning to file troduce the Children’s Act for Respon- defatigable and prolific writer who its first comprehensive report to Con- sible Employment (S. 3100—The CARE often penned up to six stories a day in gress on whether countries that enjoy Act) which I will push hard to enact addition to a twice-weekly column. preferential access to our markets are next year. Even after retiring as bureau chief in fulfilling their obligations de facto This legislation will end our current 1998, he pursued stories with the same until ILO Convention #182. And they’ve double standard in employment. It will integrity and determination that first dispatched fact-finding teams around extend to minors working in large- brought him to Washington in 1951. the world to investigate. scale commercial agriculture—cor- This past July, he broke the news that Their findings will be submitted to porate farms, if you will—the same the Health Care Financing Administra- an inter-agency review process chaired rights and legal protections as those tion intended to cut Medicare reim- by the Office of the U.S. Trade Rep- working in non-agricultural jobs. It bursement for outpatient cancer care. resentative. Later this year, this proc- will also: Toughen civil and criminal Shortly thereafter, in a great part be- ess will decide which beneficiary coun- penalties for willful child labor viola- cause of Alan’s reporting, the plan was tries should retain their trade privi- tors; protect children under 16 from abandoned. leges and which should not. working in peddling or door-to-door He was a dear friend, and he will be Last year, this Congress approved a sales; strengthen the authority of the missed. I ask that the obituary from $30 million U.S. contribution to the U.S. Secretary of Labor to deal with the Associated Press be printed in the ILO’s International Program to Elimi- ‘‘hot goods’’ made by children and RECORD. nate Child Labor (IPEC) for Fiscal shipped in interstate commerce; im- The material follows: Year 2000. prove coordination and reporting This made our country the single ALAN EMORY, LONGTIME WASHINGTON among federal, state, and local govern- CORRESPONDENT FOR WATERTOWN TIMES, DIES largest contributor to IPEC. And—if ments on injuries and deaths of minors and when we finally approve our LHHS Washington—Alan Emory, Washington cor- on the job; improve collaboration be- respondent for the Watertown (N.Y.) Daily Appropriations Bill—our contribution tween the U.S. Labor and Agriculture Times for 49 years, died Monday after a bat- will increase to $45 million in Fiscal Departments to enforce federal child tle with pancreatic cancer. Year 2001. This is yet another reason labor laws; and preserve exemptions for He was 78. for us to wrap up that legislation be- Emory covered 10 presidential administra- minors working on family farms as fore we adjourn. tions—from Harry Truman to Bill Clinton— That’s the good news, Mr. President. well as those selling door-to-door as during his tenure in Washington. He began But we’ve got a long way to go in our volunteers for non-profit organizations his career with the Times in 1947 in Water- battle to eliminate abusive child labor like the Girl Scouts of America. town and also worked in the paper’s Albany, and open up a bright future for more So today, we should all celebrate N.Y., bureau before coming to Washington in that day one year ago when we took 1951. than 250 million child laborers around He specialized in Canadian border issues, the world. the high road and ratified ILO Conven- tion #182. But we cannot rest on our founding a group of reporters from northern Our first, and perhaps most impor- states that met regularly with Canadian offi- tant step, is to heed ILO Convention laurels. In the next Congress, we’ve got cials. He also covered more than 1,500 White #182 in our own country. We have to de- to re-dedicate ourselves to restoring House press conferences, traveling to Russia, velop a national action plan to elimi- the childhoods of millions of child la- China, Canada and South America. nate the worst forms of child labor in borers and lifting them up from the A former president of Washington’s famed our midst—labor which ‘‘by its nature cruel hand that they and their impov- Gridiron Club, Emory penned many of the or the circumstances in which it is car- erished families have been dealt. songs and skits that were performed in the ried out is likely to harm the health, f club’s annual spoof of the Washington polit- ical scene. safety or morals of children.’’ AMERICAN HOMEOWNERSHIP AND In 1956, he was elected to the Standing Mr. President, who among us can ECONOMIC OPPORTUNITY ACT OF Committee of Correspondents of Congres- deny that there are children working 2000 sional Press Galleries. He was elected to the under such circumstances in our own Hall of Fame of the Washington chapter of country? Mr. ALLARD. Mr. President, on De- the Society of Professional Journalists in In order to be a credible leader in the cember 7, 2000, the Senate approved 1979. world struggle against abusive child H.R. 5640, the American Homeowner- Emory graduated from Harvard University labor, we’ve got to do more to elimi- ship and Economic Opportunity Act of and received a master’s degree from Colum- nate the worst forms of child labor 2000. I earlier introduced S. 3274, the bia University’s School of Journalism. He Senate companion to this legislation. spent almost three years in the U.S. Army. right here in America. Emory was diagnosed with pancreatic can- Fortunately, the Child Labor Coali- Title IV of H.R. 5640 included several cer early in 2000. He continued with his polit- tion has recently convened meetings of technical corrections to the Home- ical writing, sometimes also writing about non-governmental organizations to owners Protection Act of 1998. These his struggles with the health care system. begin fashioning recommendations for technical corrections have no specific Sen. Charles Schumer, D–N.Y., called the U.S. national action plan required effective date attached to them. In my Emory ‘‘a giant.’’ by ILO Convention #182. view, it is the expectation of Congress ‘‘He practiced journalism the way it should Hopefully, President Clinton will be that lenders impacted by those tech- be practiced with integrity and honesty,’’ Schumer said Monday. ‘‘Whether you liked moved to act on some of these rec- nical corrections should have a reason- ommendations when they are presented the story he was writing or not, you always able period of time to make systems knew it was going to be fair and honest.’’ to White House officials today. He has changes and conform administrative Emory died at his home in Falls Church, already distinguished himself as a processes to the new law. This flexi- VA. President who has done more than all bility is important because the Home- He is survived by his wife, Nancy Carol of his predecessors combined to fight owners Protection Act of 1998 does not Goodman.∑ abusive child labor. authorize a Federal agency to provide f I conclude my remarks by describing implementing regulations. PASSING OF JAMES RUSSELL one glaring example of abusive child f labor in our own backyard that cries WIGGINS out for immediate legislative redress. ADDITIONAL STATEMENTS ∑ Ms. SNOWE. Mr. President, I rise Right now, as many as 800,000 mi- today to pay tribute to a beloved grant child laborers toil in the fields of adopted son of Maine, James Russell large-scale commercial agriculture REMEMBERING ALAN EMORY Wiggins, whose life brought tremen- picking the produce we eat every day. ∑ Mr. MOYNIHAN. Mr. President, Alan dous pride to our State, credit to the They are working at younger ages, for Emory, who for nearly half a century profession of journalism, and joy to all longer hours, exposed to more haz- covered Washington for the Watertown those fortunate to have known him. ardous conditions than minors working Daily Times, passed away on November For all of us, a great many people in non-agricultural jobs. 27. Known for years as ‘‘the Dean’’ of pass through our lives. Few clearly and

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.089 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11905 completely present us with the quali- loved ideas, and loved testing his ideas pressed the sense of loss we all have ties to which we instinctively know we against the opinion of others. He exem- felt in the wake of this giant’s passing. should aspire. Few truly define and em- plified the concept of disagreeing with- So it is with a heavy but grateful body the standards to which all of us out being disagreeable—he was the def- heart that I pay whatever humble trib- should hold ourselves, and it is a bless- inition of a gentleman, and a practi- ute I might to this great man whom I ing when we find them. tioner of the kind of civility that all- was privileged to know. How fortunate James Russell Wiggins was instantly too-often seems an old fashioned no- we are that he lived—and how deeply recognizable as such a person, and I tion these days but, in reality, is need- we will miss him in our lives. I ask was blessed to have found him nearly ed now more than ever. that a number of articles that have ap- 23 years ago. While his heart has ceased His excitement over knowledge was peared in the newspapers regarding to beat after nearly 97 extraordinary infectious, never pretentious. If he was Russ Wiggins be printed in the RECORD. years, his spirit continues to enkindle energized by a book he had just read, The articles follow. the hearts of all those whose lives he he would implore others to do likewise. [From the Washington Post, Nov. 20, 2000] touched with his warmth, his enthu- He challenged people not only to assess THE EVOCATION OF EXCELLENCE siasm, and his generosity. their own beliefs, but to risk under- (By Katherine Graham) Russ Wiggins cast his light most mining those beliefs with the addition Russ Wiggins, good steward, farseeing broadly and brightly through the me- of new facts, new arguments, and new guide of The Post for 21 years. dium of the printed word, and perhaps ways of seeing the world. In short, he Russ Wiggins’s death yesterday leaves a most prominently in his 20-year career enriched the minds and souls of all large hole, so great was his embracing per- with The Washington Post. Difficult as those who knew him, and encouraged sonality and a life lived vigorously until five months ago, when his brave heart started to it may be to believe today, there was a everyone he met to rise to their poten- weaken and then gave out. time when the Post was not widely tial. I feel grateful to Russ because he quite lit- held in high regard, even in its own On that day when I first met Russ, an erally created The Post we know today. The hometown. That the Post is inter- Ellsworth American photographer Pentagon Papers and Watergate received so nationally recognized today is a testa- chronicled our discussion, particularly much attention that most people don’t real- ment to the vision of a man for whom my reaction to Russ’ comments. The ize what Russ accomplished. the public’s right to the best possible images from that meeting later formed When my father purchased The Post in 1933, it was the fifth newspaper in a five- information was paramount and inte- the basis of my first campaign poster— newspaper town. He set out to improve The gral to the health of our democracy. which hangs today in my Washington Post and make it viable because he believed Eventually reaching the position of office and serves as a reminder of the Washington deserved a top-quality morning editor, Russ Wiggins’ stamp remains on time I spent with him and the example newspaper. However, it was difficult to get every new edition of the Post. As Ste- he set for the rest of us. And what a people to come to work for a paper most peo- phen Rosenfield, former editorial page tremendous example that was. ple assumed would fail. My father had found editor of The Washington Post, wrote Russell never strayed from his beliefs a good, old-fashioned, blood-and-guts editor, after Russ Wiggins’ passing, he and integrity, as demonstrated by the who began to make some progress. But clear- high regard with which he was held ly more was needed. ‘‘brought to the Washington Post a When my husband, Phil Graham, became passion for newspapering and an unre- among his contemporaries. And with publisher after the war, he and my father lenting dedication to the public good his unparalleled skill, he captured the tried to find a serious editor and leader for . . . (he) set for his staff an unmatched essence of the people he called his the future. They heard of Russ Wiggins, who standard of personal decency and integ- neighbors. had been editor of the paper in St. Paul, rity.’’ During his time with the Ellsworth Minn., where he’d made quite an impression. Just a few weeks shy of his 65th American, he was able to bring out not When some people accused its owner-pub- birthday, and his planned retirement just the news of Ellsworth and Han- lisher of being dependent on Russ, the man from the Post, Russ Wiggins was cock County, but also to convey the had walked into the newsroom and sum- marily fired Russ. tapped by President Johnson to serve sensibilities and nature of a special re- My father and Phil asked Russ to come to as U.S. Ambassador to the United Na- gion. Perhaps it is the fact that Russ The Post, but he elected instead to go to the tions. What would normally be a fit- saw and experienced so much of the New York Times as assistant to the pub- ting and distinguished finale to a long world, that he continually showed that lisher. A year later they went back and per- and productive working life would be- the rural coastal setting of Downeast suaded Russ to change his mind. He arrived come only a prelude to his passion for Maine is anything but circumstanced. in 1947 and stayed for 21 years. the years that remained—a weekly Whatever the reason, those of us in Russ immediately made several changes that had a significant impact on the quality newspaper called The Ellsworth Amer- Maine are especially fortunate that he and integrity of the paper. First, he elimi- ican in Ellsworth, Maine. let us see the dynamic world through nated taking favors—free tickets for sports Russ moved to the state in 1969, and his eyes. reporters, free admissions to theaters for became publisher and editor of The Throughout it all, James Russell critics and parking tickets fixed by police re- Ellsworth American shortly thereafter, Wiggins was comfortable in any com- porters for people all over the building. This building it into one of the most re- pany, not because he changed his sounds elementary, but in those days it was spected weekly newspapers in Maine stripes to suit the occasion, but be- done everywhere. and the Nation, and a great treasure cause the essence of the man was al- One of Russ’s most heroic accomplish- ments was to lead the way in civil rights. He for both the community and our state. ways his generosity of spirit—and it stopped the use of irrelevant racial descrip- As if that were not enough for a man was apparent for all to see. He shared tions. He printed the first picture of an Afri- ‘‘in retirement’’, he also became an ac- what he knew not to elevate his own can American bride. He started hiring minor- tive and integral member of his new standing, but rather to elevate the ity reporters. This took courage in those community of Brooklin, lending his standing of others. He voiced his opin- days. boundless energy and enthusiasm to a ions not to hear himself talk, but rath- Despite the paper’s precarious financial variety of civic causes. er to advance the level of debate. He situation, Russ and Phil together began to I first met Russ Wiggins during my assemble a fine staff—attracted by Russ’s searched for the truth not in service to won professional standards and hard work. first campaign for Congress in 1977 at his own ends, but rather in service to He set the example. He worked seven days a an editorial board meeting at the humankind. week, if necessary, and rarely took vaca- paper. He put me immediately at ease With his life having touched so many tions. with his remarkable personality and so deeply, it is no surprise that his Over the years, Russ stood up to many wit, and I was immensely impressed death has done the same. Columns were threats to the paper, and he and Phil over- with his extraordinary depth of knowl- written by those with whom he had came many obstacles. Not the least was my edge. worked. Katherine Graham, chair of mother, whose correct but inflammatory po- litical passions encouraged charges of red- As I would come to discover, Russ the executive committee of The Wash- baiting. As we grew more successful, Russ Wiggins had an appetite for learning ington Post, wrote a special piece eulo- built up a national and foreign staff. for which the term ‘‘voracious’’ may gizing Russ and thanking him for his His ambition for the paper, Russ told me, well be an inadequate description. He service. And letters to the editor ex- ‘‘was unachievable. But how do you lift an

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.055 pfrm04 PsN: S15PT2 S11906 CONGRESSIONAL RECORD — SENATE December 15, 2000 institution except with unachievable ideals? Mr. Wiggins’ day, though, both fell under his making the Western District of Michi- If your ideals are so low you can achieve exacting command; he took care to maintain gan’s program one of the largest initia- them, you ought to adjust them,’’ he said. a sharp delineation. ‘‘The ideal newspaper- tives among any Federal District in When my husband became mentally ill man,’’ he told the staff, ‘‘is a man who never the United States. with manic depression, Russ had to with- forgets that he is a reporter . . . not a mover stand Phil’s destructive impulses. When Phil and shaker. . . . Nothing could be more In recognition of his efforts, in 1998, died, Russ held the staff together and en- alarming or dismaying to me . . . than to en- Mike was honored by the Department couraged my coming to work. Then he had to counter repeatedly the suggestion that the of Justice Programs Director and As- teach me how to understand editorial and reader knows from the news columns what sistant Attorney General Laurie Rob- news policy, which didn’t happen overnight. the views of the newspaper are.’’ The re- inson for his work in the area of crime Russ was very patient. porter ought to have the commitment ‘‘of prevention and reduction. In addition, One of the first major issues we confronted the honest witness, the fair narrator,’’ he in the year 2000, Mike was honored by was the Vietnam war. Russ was a thoughtful said. the national Executive Office of Weed and sensitive hawk; he believed the coun- A largely self-educated, extraordinarily try’s reputation was at stake if we aban- well-read man who never went to college, and Seed with it’s ‘‘Creating Healthy doned our allies. At one point, President Mr. Wiggins kept reporters and editorial Communities’’ Award and by the City Johnson said one of Russ’s editorials was writers alike on their toes—quizzing them on of Benton Harbor with the presentation worth two divisions. Russ was never person- findings, recommending books and sug- of its ‘‘Key to the City’’ Award. ally hostile about issues. This enabled us to gesting further questions or research. Car- Of course, his many achievements get though this difficult period. toonist Herblock remembers showing could not have been attained without At all times, Russ was a voracious and sketches to Mr. Wiggins, who might argue the love and support of his wife of more learned reader. He often would thrust books about the views and then say, ‘‘God knows, I at all of us, tell us we had to read them, and than 30 years, Teckla, and their chil- tried to reason with you’’—and let them go. dren, Janna and Bryn. Mr. President, I check in a day or two to see if we had fin- Mr. Wiggins’ own editorial views, often ished. Just a few years ago, Russ informed churned out in bunches on a given day, were know that the members of the Senate me in a letter that he had just completed So- no fence-sitters. He railed against the evils will join me in congratulating Mike on viet Ambassador Anatoly Dobrynin’s auto- of gambling, the dangers of a large national a job well-done and thanking him for biography, was up to Volume 4 of Edward debt, restrictions on the press and the slow- his service to the people of Michigan.∑ Gibbon’s ‘‘Decline and Fall of the Roman ness of mail service. f Empire’’ and also had read the 35,000-word Mr. Wiggins left the Post more than three Unabomber manifesto. It was repetitious, decades ago. But that’s not to say he retired. A TRIBUTE TO PERCY HILL Russ commented. As publisher of the Ellsworth American in ∑ Mr. SMITH of New Hampshire. Mr. Russ set a deadline for himself to retire at Maine, Mr. Wiggins worked and wrote and President, I rise today to pay tribute 65. A few months before, President Johnson read on; and he kept up correspondence with nominated him as ambassador to the United this newspaper, exchanging ideas, compli- to Percy Hill, an accomplished school Nations. Russ insisted on leaving without menting an occasional piece and teacher from Andover, NH. Percy was much ceremony. reprimanding us for certain stands taken. recently honored at the Disney Amer- Then Russ did the most admirable thing of We paid attention, too. To the end, Russ ican teacher Awards, as one of the 33 all: He went to Ellsworth, Maine, where he Wiggins was extraordinarily important to honorees selected from a group of 70,000 had vacationed, bought the paper there and this newspaper.∑ who were chosen for their creativity in built it up into one of the most distinguished f small papers in the country. He wrote a the classroom as well as their teaching accomplishments. poem for it every week. And he never lost his TRIBUTE TO MICHAEL H. Growing up in New England, Percy creative editorial spirit. To point out the de- DETTMER ficiencies of the post office, for instance, he developed his love for athletics as well mailed a letter to Ellsworth from a neigh- ∑ Mr. LEVIN. Mr. President, I wish to as children, spending the past 10 years boring town and had two oxen pull a cart pay tribute to a fine public servant, coaching the Unicycle Team. Working that beat the letter. Michael H. Dettmer, on his retirement. around the clock, he has coached these Even after he’d left The Post, Russ re- Since January of 1994, Mike has champions to new levels. They have mained one of our most interested readers served diligently as the United States and staunchest supporters. Shortly after the performed in the Macy’s Thanksgiving Janet Cooke story erupted, Russ came to a Attorney for the Western District of Day Parade, the Fiesta Bowl Parade, meeting of the American Society of News- Michigan. During his seven-year ten- the Strawberry Festival of Virginia paper Editors, where we were being drubbed ure, his office obtained more than 2700 and even have gone international, per- right and left. With his usual wry humor, convictions and helped lead numerous forming in Canada. Russ said, ‘‘I feel great about the state of the crime fighting initiatives in the Dis- Not only has Percy given his time American press. Every editor I saw assured trict involving Federal law enforce- and energy to coaching, but he has me this couldn’t have happened at his ment’s support, leadership and partici- spent countless hours raising the funds paper.’’ pation. Russ lived his entire life according to the for the team’s traveling expenses. highest intellectual and moral standards, Among his impressive accomplish- Percy has managed to fund one hun- with great humor and compassion for others, ments are the task forces and partner- dred percent of all of the trips through and with panache. He was thoughtful—I ships he helped create and foster to massive fund raising efforts, allowing would even say brilliant. The words he combat drugs and violent crime. A few all children to go regardless of their evokes are ‘‘excellence’’ and ‘‘integrity.’’ He of those specialized partnerships are situations outside of practice. He has had fun and he gave it to others. He was a the Methcathinone Task Force, the proven time and time again to be a val- teacher and a friend to the very end. Benton Harbor Violent Crime Task uable asset not only to the team, but [From the Washington Post, Nov. 20, 2000] Force, the Health Care Fraud Task the community of Andover as well. JAMES RUSSELL WIGGINS Force, the Western Michigan Environ- Aside from Percy’s work with the Almost the minute he took over as man- mental Task Force and Project Exile. unicycle team he also finds time to aging editor of this newspaper in 1947, James Mike is also to be credited for rein- volunteer referee both basketball and Russell Wiggins jolted the city room staff vigorating the Law Enforcement Co- soccer, proving once again, that Percy with his passion for rectitude and integrity. ordinating Committee/Victim-Witness Hill puts his dedication to the youth of No more freebies, he decreed, not even movie passes for copy aides. No more fixing of tick- unit of the U.S. Attorney’s Office. America at the top of his priority list. ets at police headquarters. These were not Since 1994, this unit has adopted an ele- He is to be commended on his commit- the crotchety preachings of a fuddy-duddy; mentary school in the Grand Rapids ment to Andover Elementary and Mid- Russ Wiggins, who died yesterday at the age public school system, participated in dle School, and those students which of 96, was a vigorous and engaged editor who the D.A.R.E (Drug Abuse Resistance attend it. cared deeply about ethical standards, old- Education) and D.E.F.Y (Drug Edu- The Disney American Teacher fashioned honesty and the importance of a cation For Youth) programs, and spon- Awards were developed as, ‘‘A way of free and independent press. During his 21- sored more than 80 training programs honoring members of the teaching pro- year stewardship here, his enthusiasm for the competitive pursuit of information was covering all aspects of law enforce- fession, whose talent, commitment, girded by an insistence on fairness. ment. In addition, under Mike’s leader- and creativity have a profound and Today the news and editorial departments ship, four additional sites to the Weed lasting impact on our children as well at The Post are independently managed. In and Seed Program have been created, as our society as a whole,’’ according

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.003 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11907 to Michael D. Eisner, CEO of Disney. all who knew him. A few weeks ago, we the people closest to him. So my heart- All of Percy Hill’s actions speak vol- in the State of Michigan mourned the felt sympathies and condolences go out umes of his commitment and impact on passing of Ambassador David Hermelin. to his dedicated and compassionate the children of Andover, NH. It is an I suppose it is a little presumptuous to wife, Doreen, and his devoted, caring, honor to represent him in the Senate.∑ suggest that only the State of Michi- and decent children, grandchildren, f gan beams with pride in our associa- nieces, and nephews, many of whom I tion with Ambassador Hermelin, for have had the pleasure of getting to HONORING MARILYN HERZ AS the organizations that he led, the polit- know as well. SOUTH DAKOTA’S TEACHER OF ical leaders he counseled, and the com- In closing, Mr. President, I would THE YEAR FOR 2001 munities to which he dedicated his life, like to refer to the description of ∑ Mr. JOHNSON. Mr. President, it literally span the globe. James Madison, another great Amer- gives me great pleasure to honor Against that backdrop, I will submit ican, by one of his biographers, in Marilyn Herz, a sixth grade language for the RECORD excerpts of eulogies—as which Madison was summed up this arts teacher from Rapid City, who has they were reported in the Detroit Jew- way: ‘‘When you called on him, he was recently been named South Dakota’s ish News—by Rabbi Irwin Groner of always home.’’ Teacher of the Year for 2001. Congregation Shaarey Zedek in Michi- Well, I think that’s how David Marilyn currently teaches at West gan, Brian Hermelin, Jon Gundersen, Hermelin could be described as well by Middle School in Rapid City and has deputy chief of the American Embassy everyone he touched. No matter who it taught various grade levels in the in Norway, and U.S. Agriculture Sec- was that called on his help and on his Rapid City Area School District since retary Daniel Glickman. leadership—the Jewish community, nu- 1983. She has devoted an impressive 22 But before I submit these eulogies, I merous charitable causes, the State of years of her life to teaching elemen- would just like to take a moment to re- Michigan, the United States Govern- tary school. flect on the first time I really had a ment, the people of Norway, the State Marilyn’s greatest service to our chance to get to know Ambassador of Israel and most importantly, his community lies in her devotion as an Hermelin and the impact he had on me. family—whenever you called on David educator to her students. She deserves It was shortly after President Clinton Hermelin, he always took your call, the greatest praise both from the fami- had nominated him to serve as our na- and he was always ready to lend a lies of these young individuals, and tion’s top diplomatic representative in hand. from all those whose lives she will Norway. As protocol dictates, David I am better for having known David touch. Her efforts are an invaluable in- contacted his U.S. Senators to seek our Hermelin. He was not only an out- vestment in South Dakota’s future and support. And while David Hermelin and standing leader and generous giver in we are all truly blessed to have her in I did not always see eye-to-eye on the every way possible, but he was also the the classroom. domestic political issues of the day, we kind of individual everyone would want In a true testimony of Marilyn’s de- agreed to meet to discuss his confirma- as a neighbor. He will be deeply missed. votion and love for teaching, she com- tion process. I ask that the above mentioned ex- mented that her greatest contribution While I had heard many things about cerpts be printed in the RECORD. to education is simply that she has David before that meeting—about all The material follows: given, and will continue to give, all the the charitable causes he had led, about Excerpts from the Detroit Jewish News caring, commitment, and compassion his close relationships with top govern- DAVID B. HERMELIN, SAYING GOODBYE that she has within her to guide stu- ment leaders in the United States and A BELOVED LEADER GETS AN EMOTIONAL dents to succeed academically, emo- Israel, about his successful business ca- FAREWELL AT SHAAREY ZEDEK tionally, and socially. reer—I never could have expected to be David Hermelin was remembered by more Marilyn also makes extra efforts to drawn to the orbit of David’s warmth, than 2,500 people whose lives he touched at see that her classes are learning to energy, kindness and wisdom, in the his Nov. 24 funeral. it was held in Southfield their potential and preparing them- way that I was. at Congregation Shaarey Zedek—the syna- selves for the demands of the 21st cen- From the moment we met that after- gogue he had served as president. After- tury. A true veteran in the field of edu- noon in my office, we forged a friend- wards, some 150 cars formed a procession for cation, Marilyn’s efforts to increase ship, that developed further during our the interment at Clover Hill Park Cemetery the credibility of teaching as a profes- interactions through his Senate con- in Birmingham. Mr. Hermelin, of Bingham Farms, died of sion is designed to entice and encour- firmation process, when I was proud to brain cancer Nov. 22, 2000 at age 63. age a new generation of students into testify on his behalf and urge my Re- Delivering the eulogy was his friend of 41 following her in this most honorable publican colleagues on the Foreign Re- years, Shaarey Zedek Rabbi Irwin Groner. profession. lations Committee to waste no time in Also speaking were Jon Gundersen, deputy Marilyn will now proceed to the na- ushering this fine man’s nomination chief of the American Embassy in Oslo, Nor- tional competition for Teacher of the through the Senate. way, where Mr. Hermelin served as ambas- Year. I express my appreciation for the And our friendship even deepened fur- sador; U.S. Agriculture Secretary Daniel Rapid City Public School Foundation ther over time. For even though he and Glickman; and Mr. Hermelin’s son, Brian. Speaking first, Gundersen said he has just for sponsoring the Teacher of the Year I came from opposite sides of the polit- conveyed to Mr. Hermelin’s wife, Doreen, program in the Rapid City School Dis- ical aisle, I found myself seeking his messages from the royal family of Norway, trict. As well, I congratulate all of the advice and counsel from time to time. from the U.S. Secretary of State Madeleine South Dakota teachers nominated this Sometimes it was his thought pro- Albright, from the Norwegian ambassador year. voking perspective on developments in and consul general, from the prime minister I commend Marilyn for her out- this Middle East, or the insights he had of Norway and from the foreign minister. standing service to the youth of our gained the being an active participant ‘‘I’ve just arrived from Norway, and it community. Congratulations and in U.S. foreign policy as Ambassador to seems the entire nation sends to David and Norway. Other times it was his advo- Doreen their greatest condolences,’’ thank you, Marilyn, for your commit- Gundersen said. ment to excellence and dedicated serv- cacy for both the Detroit and American ‘‘David and Doreen represented the very ice to your students, your community, Jewish communities, or his tireless best of America and what we stand for. and to South Dakota.∑ philanthropic efforts in Michigan. Faith, honesty, openness, tolerance, love. f Whatever the topic, no matter when we David, your embassy family and indeed an met, it was impossible to not benefit in entire nation will miss you. You will be in AMBASSADOR DAVID HERMELIN some way from David Hermelin’s wis- our hearts forever.’’ ∑ Mr. ABRAHAM. Mr. President, today dom, or his contagious energy and pas- Glickman, like President Bill Clinton, has I rise to pay tribute to the memory of known the Hermelins for many years. He sion for life. shared a letter the president sent to Mrs. an outstanding leader, a philanthropist I feel blessed that I knew David Hermelin, which read, in part: who knew no limits, and a distin- Hermelin for the short time that I did. ‘‘David loved life. And he made sure that guished public servant whose integrity I cannot begin to even imagine the everyone around him shared that love. I will and decency made him a role-model to scope and depth of impact he had on always cherish his friendship and support

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.056 pfrm04 PsN: S15PT2 S11908 CONGRESSIONAL RECORD — SENATE December 15, 2000 and remember with gratitude his exceptional Since she came to the EPA seven years out to industry to find creative new in- service as our ambassador to Norway. ago, she has set a gold standard for centives and environmental results. ‘‘He left the world a better place than he public service and for protection of the This is the kind of leadership that found it. And no one could ask for a finer public’s health. A dedicated advocate Democrats and Republicans can both legacy ‘‘Hillary and I are keeping you and your for the environment, she has never ne- rally around. family in our thoughts and prayers.’’ glected her responsibility to protect Perhaps most importantly to my Brian Hermelin then gave an emotional, and preserve the water, land and air home state, during Administrator personal tribute to his father. that our childrens’ children will inherit Browner’s nearly eight-year tenure, ‘‘The thing about us that made us feel the from us. the Superfund Program has completed most special was that he was our dad,’’ Brian Carol Browner has been a tireless ad- three times the number of waste site said. ‘‘Just being able to be with him at the vocate for the environment and made cleanups than in its previous twelve intimate family settings allowed the full significant contributions in every area years. She helped keep Superfund bright glow of one of God’s brightest lights that the EPA touches. As just one ex- to shine on us and provided a comfort and se- strong, and held fast to the belief that curity which is irreplaceable.’’ ample, Administrator Browner set up a justice and the environment are best Brian added, ‘‘He just knew how much fun childrens’ office at the EPA for the served when polluters pay to clean up it was to be alive. And he was sure if you first time, signaling her commitment the messes they create, even while she were with him, you would know how much to strengthening the ties between the strove to improve the program and ac- fun life could be, too., environment and children’s health. celerate clean-ups. I was honored to ‘‘We took such pride in his accomplish- Under Administrator Browner’s con- share the stage with Administrator ments with him,’’ Brian said. ‘‘We were all trol, the EPA began to take children Browner recently at Pepe Field in equally amazed at how far and how much he into account when developing air and accomplished because we know how he saw Boonton, New Jersey, which was Su- himself, just a regular kid from Pasadena water safety standards, such as the perfund’s 750th clean-up. What was [Avenue in Detroit]. He made it all seem so Safe Drinking Water Act. The Food once a malodorous eyesore is now a within our reach—the accomplishments, the Quality Protection Act was the first thriving community park. Pepe Field friends, the admiration, the fun. Just go out law that made health of children, rath- is but one of many Superfund success there with that positive, can-do attitude and er than adult males, the benchmark for stories under Administrator Browner’s you can have all that, too.’’ evaluating safety. These two acts are leadership. Rabbi Groner mourned his friend, whose monuments to Carol Browner’s dedica- With her oversight of the Brownfields influence was felt from the sanctuary of the tion to the environment and to chil- synagogue to the far reaches of the world program, Carol Browner has dem- stage. dren. onstrated the vital ties between a ‘‘When a true leader goes, can he be re- To better protect our nation’s sur- healthy environment and a healthy placed?’’ the rabbi asked. ‘‘Woe is the army face waters, Administrator Browner economy. Revitalizing these sites cre- that has lost its captain. was a principal architect of the Clinton ated more than 8,300 construction jobs. ‘‘We will miss him. He will miss his hearty Administration’s Clean Water Action And once the work was done, another welcome, he warm laugh, his quick wit, his Plan. One component of this program 22,000 jobs were either created or re- words of encouragement, his shared exu- was to increase the public’s knowledge tained. Much of this economic revital- berance. about the potential health threats ‘‘When David came into a room, his lumi- ization happened in communities in nous presence was immediately felt,’’ Rabbi from swimming in contaminated wa- need, where per capita incomes aver- Groner added. ‘‘He was so vital, so filled with ters at our nation’s beaches. Under her aged just over $10,000 a year, versus a energy, so magnetic that he seemed inde- leadership, EPA established a publicly- national average of almost $14,500. This structible. accessible Internet site containing in- program brings both environmental ‘‘Once you came to know David, your life formation about water quality and and economic justice to these neigh- changed. You laughed more, you felt more, beach closings across the nation. Ad- borhoods. Communities once on the you cared more, you gave more. ministrator Browner and I worked verge of despair are back on the road to ‘‘To have known David was to have closely together to strengthen the warmed your hands at the central fire of life. revitalization, thanks to Carol Brown- ‘‘For David Hermelin, service, benevolence, water quality standards for our na- er. mitzvot was the very essence of his life,’’ tion’s coastal recreation waters, and to Carol Browner is one of the best said the rabbi. assist states in setting up beach moni- friends this nation’s environment has ‘‘David gave us a great and blessed gift. He toring and notification programs. Our ever had. As I prepare to leave the Sen- taught us how to dream a glorious dream.’’ efforts were successful through the en- ate, I will remember her for many Mr. Hermelin is survived by his wife, Do- actment of Public Law 106–284, also things, but most of all for her opti- reen; son and daughter-in-law Brian and Jen- known as the ‘‘Beach Bill.’’ mism, her commitment, and her integ- nifer Hermelin; daughters and sons-in-law Through the Clean Water Action rity. I thank her for her work and sa- Marcie and Rob Orley, Karen Hermelin ∑ Borman and Mark Borman, Julie Hermelin Plan, Administrator Browner dem- lute her accomplishments. Frank and Mitchell Frank, Francine onstrated her ability to take on the f tough fights and to do what was right Hermelin Levite and Adam Levite; and FIFTIETH ANNIVERSARY OF THE grandchildren Matthew, Alex, Jason and for the environment. Under her leader- Olivia Orley, Max and Isabel Hermelin, Asa ship, EPA adopted policies to reduce ABILENE PHILHARMONIC OR- Levite and Madeline Borman. polluted runoff from factory farms and CHESTRA Also suriving are sisters and brother-in- from aging urban wastewater systems, ∑ Mrs. HUTCHISON. Mr. President, I law Henrietta Hermelin Weinberg, Lois and helped obtain the funding to imple- would like to take this opportunity to Shiffman and Terran and Roger Leemis; note a very important event for the brothers-in-law and sisters-in-law Eugene ment these controls. and Suzanne Curtis, Reggie and Dr. Robert As a proponent of corporate responsi- city of Abilene, Texas. On December 2 Fisher and Mitchell Curtis; and mother-in- bility and the citizen’s ‘‘right to of this year, the Abilene Philharmonic law Anna Curtis.∑ know,’’ an area of particular interest Orchestra celebrated its 50th anniver- f to me, Administrator Browner, the law sary. This is one of Abilene’s oldest and EPA’s implementation of it, ef- performing arts organizations. This CAROL BROWNER TRIBUTE fected a 50 percent drop in the rate of great symphony orchestra enriches the ∑ Mr. LAUTENBERG. Mr. President, I industrial emissions, without creating cultural life of this city in a unique rise today to pay tribute to Carol any new regulatory mandates. As an- way. It has drawn top quality musi- Browner, the longest-serving Adminis- other example, Administrator Browner cians to this wonderful city. Abilene is trator in the history of the U.S. Envi- fought to limit the industrial pollution now a city where talented musicians ronmental Protection Agency and one generated by coal fire plants in Mid- can also teach and perform. When the of the people with whom I have been western states that contributed to air Philharmonic started in 1950, concerts most honored to work. I can think of pollution in New Jersey. Under Admin- were held in the old Abilene High no finer role model for young women, istrator Browner and President Clin- School with audiences of less that 100 or young men, considering a career in ton, the EPA has both vigorously en- people. Now, the Abilene Philharmonic government today than Carol Browner. forced environmental laws and reached Orchestra performs in the Abilene

VerDate 15-DEC-2000 03:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.092 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11909 Civic Center with crowds averaging At the ceremony in Geneva, Switzer- THE NATIONAL HUMANITIES 2,000. I would not only like to acknowl- land to present the award, Queen Noor MEDAL FOR VIRGINIA DRIVING edge this organization for their 50th of Jordan praised Casa Alianza. As she HAWK SNEVE anniversary, but also the enormous im- stated, ‘‘The phenomenon of street ∑ pact they have had on the Abilene com- children is global, alarming and esca- Mr. JOHNSON. Mr. President, I rise munity.∑ lating. Estimates are that today are to congratulate Virginia Driving Hawk f 100 million children living on the Sneve for being awarded the National world’s streets. Casa Alianza deserves Humanities Medal for 2000 presented to TRIBUTE TO LIEUTENANT COLO- the Hilton Humanitarian Prize for her by the President of the United NEL MICHAEL BLOOMFIELD, being the voice and the defender of this States. Virginia is the first South Da- USAF helpless and unprotected segment of kotan to receive this prestigious ∑ Mr. LEVIN. Mr. President, I rise society and for its important work to award, and I am pleased that she is today to recognize and pay tribute to stop the human rights abuses inflicted being recognized for her extraordinary Lieutenant Colonel Michael Bloom- upon them.’’ contributions as an author, a coun- field, USAF. Lieutenant Colonel In accepting the award, Bruce Harris, selor, and a teacher. Bloomfield was the pilot of the space executive director of Casa Alianza, As you know, the National Human- shuttle Endeavor during its recent 11- said, ‘‘Street children are often the vic- ities Medal honors individuals whose day mission to make repairs to the tims of violence, but what is even more work enhances the nation’s under- International Space Station Alpha. hurtful to them is society’s indiffer- One of the highlights of this mission standing of the humanities while also ence. * * * The prize money will feed preserving Americans’ access to impor- was the installation of new solar wings and shelter many more abandoned chil- to provide electricity for the astro- tant resources about their history and dren, but the recognition will feed society. The humanities preserve the nauts and cosmonauts who live and their souls.’’ work there. These solar panels are 240 voices of generations through history, Mr. Harris was recently profiled in literature, philosophy, religion, lan- feet from tip to tip, the longest struc- the book Speak Truth to Power: ture deployed in space. guages, and archaeology. However, the Human Rights Defenders Who Are humanities are not simply records of Lieutenant Colonel Bloomfield was Changing Our World, by my niece, born in Flint, Michigan. He graduated past eras; they are an essential part to Kerry Kennedy Cuomo. from Lake Fenton High School, and the development and understanding of I join in commending Casa Alianza our current culture and definition of still considers Fenton, Michigan, as his for this well-deserved award and for its who we are as Americans. hometown. He attended the United pioneering work. These children des- States Air Force Academy, where he perately need help, and Casa Alianza is Born on the Rosebud Indian Reserva- was captain of the United States Air providing it. At great risk, including tion in South Dakota, Virginia Driving Force Academy Falcon Football Team. facing death threats and armed on its Hawk Sneve has become one of the na- He received a Bachelor of Science De- facilities, Casa Alianza and Bruce Har- tion’s preeminent storytellers. Vir- gree in Engineering Mechanics from ris are acting effectively on behalf of ginia’s stories often come straight the Air Force Academy, and a Master these needy children. They deserve our from her experiences growing up on the of Science Degree in Engineering Man- praise, our thanks, and, most impor- reservation and help give an accurate agement from Old Dominion Univer- tantly, our support. ∑ portrayal of her ancestors’ lives in the sity. Dakotas. Her children’s books have Lieutenant Colonel Bloomfield was f won numerous awards, including na- trained as an F–15 Fighter Pilot, and HONORING GERVASE MILLER has been assigned to NASA since 1995. tional competitions for minority chil- ∑ Mr. DORGAN. Mr. President, as This was his second space flight. His dren’s books, because of their unique America honors and remembers those first flight was a mission to rendezvous and poignant mixture of recorded who have served in our armed forces, I and dock with the Russian Space Sta- events and imagination. want to recognize the service of Mr. tion Mir to exchange U.S. crew mem- Virginia has also given us valuable Gervase Miller, a North Dakota native bers. works of literature about the American who served his country during World Mr. President, we in Michigan are Indian written from the female per- War II. Mr. Miller was drafted into the proud of Lieutenant Colonel Bloom- spective. In her award-winning work, Army in September 1942 and was away field’s record as a NASA astronaut. I Completing the Circle, Virginia breaks from home while his wife was pregnant know my Senate colleagues join me in the historic mold of denoting Native with their first child. Although deaf in congratulating Lieutenant Colonel American women either as princesses one ear, Mr. Miller served with distinc- Bloomfield for his outstanding service like Pocohontas’’ or noble savages like tion for more than three years in to our nation.∑ Sacagawea.’’ The result is an edu- f China, Burma, and India. Mr. Miller was a part of the 1575th cational account of the strengths and CONRAD N. HILTON AWARD FOR Heavy Shop Engineers, a group of men weaknesses of the Sioux culture from CASA ALIANZA who helped to build roads in Burma the female point of view. Virginia’s re- search and writings have helped others ∑ and then drove heavy supply trucks in Mr. KENNEDY. Mr. President, it is a to understand the high level of esteem privilege to bring to the attention of this dangerous territory. Throughout his service in the Army, Mr. Miller held by the Sioux for women—a lesson the Senate the excellent work that an from which Native American society impressive organization in Costa Rica earned three Battle Stars and one and non-Indian cultures can draw guid- is doing to address the tragic problem Bronze Star for his heroic actions. ance and appreciation. of street children in Central America. He finally came home for good in De- The organization, Casa Alianza—a sub- cember 1945. He was discharged as a I applaud Virginia for the literary sidiary of Covenant House in New Technician, 5th Grade. It is men like works she has given us and for her con- York—is headquartered in Costa Rica. Gervase Miller who won World War II tinued teaching, counseling, and men- It was founded in 1981, and provides for the Allies and helped to guarantee toring in South Dakota. Virginia’s services for thousands of homeless chil- the rights and freedoms that we all words, either on paper or in person, dren, ages six to eighteen, offering enjoy today. have opened a nation’s eyes to the lives shelter, food, medical care, and edu- Today, Mr. Miller lives in Parshall, of Native Americans and will prove to cational opportunities. North Dakota, with his wife Bernice. be the foundation from which other Na- The extraordinary work of Casa They have four children and 9 grand- tive American writers, especially Alianza was recently honored by the children. As his family gathers for women, will continue to explore their Hilton Foundation, when it received Christmas this year, I want to send out unique heritage and society. Virginia one of the world’s most prestigious hu- warm holiday greetings to him and a Driving Hawk Sneve is a national manitarian awards, the Conrad N. Hil- word of appreciation for his service to treasure and the pride of South Da- ton Award. our country more than 50 years ago.∑ kota.∑

VerDate 15-DEC-2000 03:16 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.093 pfrm04 PsN: S15PT2 S11910 CONGRESSIONAL RECORD — SENATE December 15, 2000 TRIBUTE TO F. FRED GOROSPE story is a fascinating tale of humble to bring ideas to reality, and some- ∑ Mr. LEVIN. Mr. President, I rise origins, a great family, hard work, and times to even tell us when our ideas today to pay tribute to the life and success. When others might have re- need some adjusting, shall we say. work of a truly remarkable American laxed or retired, John and his life’s These people don’t get much praise, at and long-time Detroit resident, Fred partner Wanda continue to give to oth- least not nearly enough. Gorospe. Born in 1902 in the Phil- ers every day. John’s record as Mayor One of the classic examples of a dedi- ippines, he pursued a dream to journey of Du Quoin is proof positive of his cated civil servant, Ray Kammer, is to America and become part of this commitment to public service. about to retire from government serv- great democracy. He overcame many John Rednour has served as the ice after 31 years. Ray retires on De- obstacles as a young immigrant, and Mayor of the City of Du Quoin, Illinois, cember 29 as Director of the Commerce eventually was able to study mechan- for the past 111⁄2 years, and his con- Department’s National Institute of ical engineering at Purdue University, tributions to the city during his tenure Standards and Technology, where he becoming one of only three minorities have been outstanding. His hard work spent the vast majority of his career. I hired into the engineering department and dedication have had a tremendous have known Ray for a good portion of of the Ford Motor Company not long impact on the city and its people, and that time, both from his work at NIST after the Great Depression. He devoted it is only fitting that he be singled out and from the time he spent at the De- himself to community and public serv- for the City of Du Quoin Chamber of partment’s headquarters and the Na- ice, and helped pave the way for many Commerce’s highest honor. tional Oceanic and Atmospheric Ad- Filipino Americans like himself to as- During his time as Mayor, John ministration, NOAA. similate into the mainstream of Amer- Rednour has been instrumental in In the late 1980’s, the country called ican life. Fred enjoyed a full life of 97 building new public facilities, includ- upon NIST, which used to be known as years and had the good fortune of hav- ing a city hall, library, and police de- the National Bureau of Standards, to ing a loving wife, Helen, and a caring partment. These are just the beginning help industry rally and regain its com- family that includes four sons and four of the list of accomplishments in which petitiveness. It was a time when we daughters, and 10 grandchildren. He is Mayor Rednour has played the leading first began facing severe competition well-remembered for his great sense of role. The strengthening of the infra- from overseas. The Bureau’s labs had a charity, and his unshakeable faith that structure through water and sewer im- long-standing reputation for excel- people working together can make a provements may be among the less lence, impartiality, and for working difference. glamorous projects he has undertaken, cooperatively with industry. Ray In his lifetime, Fred provided leader- but they are very important to Du helped us to expand that mission by es- ship to numerous organizations, in- Quoin. Over the years Mayor Rednour tablishing NIST and adding the Ad- cluding the Federation of Filipinos of assured the safety of the community vanced Technology Program, the Man- Michigan, Michigan Democratic State by fully staffing the Du Quoin police ufacturing Extension Partnership, and Central Committee, Advisory Council and fire departments. Also, during his the Baldrige National Quality Pro- of Wayne County Community College, administration, for the first time in gram. It wasn’t easy, but we got it Advisory Board and Board of Directors the history of the 150-year-old city, Du done. Ten years later—with Ray’s of Detroit Area Agency on Aging, Quoin has secured city wide fire protec- help—those programs have been tre- Board of Directors of the International tion. mendously beneficial for this country. Institute of Metropolitan Detroit, John Rednour has also greatly in- While at NOAA and during his time President of Far Eastern Festival of creased the economic vitality of a city as Acting Assistant Secretary for Ad- Detroit, Steering Committee of Ethnic that is proud of its mayor. One of the ministration at the Commerce Depart- Festivals of Detroit, cofounder of Fil- ways in which he was able to boost its ment, Ray helped to stabilize several Am Association, and member of the economic status was through the con- critical programs that needed the University of Michigan and American struction of the Du Quoin Industrial steady hand of an experienced man- Assembly of Columbia University on Park, completed with the aid of the ager. He was the Department’s fireman Philippine-American Relations. Fred Chamber of Commerce. Over the years, of sorts, always being called on to help made a significant contribution to De- he has also helped to attract numerous put out this fire, put out that fire, and troit’s culture, and helped to bridge un- businesses to the city, resulting in new to keep another one from breaking out. derstanding of and appreciation for di- jobs to the area. His actions have con- Even now, Ray is helping us take a versity. He worked hard to advance tributed to a fully staffed tourism com- look at how to improve NOAA’s fish- equal opportunities for education and mission that has helped to give Du eries service. social and economic achievement, and Quoin a firm footing in the tourism in- I am sorry that we are losing Ray, es- promoted the American ideal of social dustry in Southern Illinois. Mayor pecially at a time when NIST is just justice. Rednour has helped Du Quoin through about to begin its centennial year and I would like to express my admira- his ability to gain access to state and the agency will be getting a lot more tion for the life and accomplishments federal funding, which has helped the attention and credit for all of the good of Fred Gorospe. We can all benefit city to complete many of these impor- work that its staff has done. I want to from his example of courage, persever- tant projects during his administra- wish him my very best. I know that I ance and leadership. Fred has left an tion. His vision is transforming Du am joined by others in this body who indelible mark on Detroit’s history and Quoin into a 21st century city. have had the pleasure of working with its community. His family can be In closing, Mr. President, all of these this dedicated public servant, Ray proud of his legacy. I know my Senate achievements, and many more, are the Kammer.∑ colleagues will join me in paying trib- fruits of the labor of John Rednour. His f dedication to his job as Mayor and to ute to Fred Gorospe, and in congratu- CELEBRATING THE ACHIEVE- his city have made his administration lating his family on his exemplary and MENTS OF SAINT JOSEPH’S HOS- a great success. I applaud John principled dedication to helping and PITAL enriching the lives of others.∑ Rednour for his achievements and his ∑ f many successful efforts to improve the Mr. ROCKEFELLER. Mr. President, I quality of life for the citizens of Du rise today to celebrate the achieve- TRIBUTE TO JOHN REDNOUR Quoin.∑ ment of one of West Virginia’s finest ∑ Mr. DURBIN. Mr. President, I rise f healthcare facilities, Saint Joseph’s today to recognize John Rednour, who Hospital in Parkersburg, West Vir- has recently been named the millen- RETIREMENT OF RAY KAMMER ginia. Earlier this month, Saint Jo- nium ‘‘Outstanding Citizen of the ∑ Mr. HOLLINGS. Mr. President, those seph’s was recognized as one of the top Year’’ by the Du Quoin Chamber of of us who have been around this town 100 hospitals in the United States in a Commerce. for a while know how much we and this prestigious study conducted by the John Rednour has been a friend of government depend on our civil serv- HCIA-Sachs Institute in conjunction mine for over thirty years. His life ants to get the really tough jobs done, with the University of Michigan School

VerDate 15-DEC-2000 03:16 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.061 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11911 of Public Health,. This is an enormous extensive hearings on the challenges grams provide scientists with a deeper honor for one of West Virginia’s crit- facing the federal government to en- understanding of policy making and ical health care providers. sure adequate staffing levels in the the government. It is expected when St. Joseph’s Hospital is an acute care face of aggressive competition from the these ‘‘civic scientists″ return to their regional healthcare facility. Located private sector for skilled employees. A universities, laboratories, and compa- on the western edge of Wood County, common theme of these hearings is the nies that they will share their experi- the hospital’s service area includes shortage of information technology ences and understanding with others three counties in Ohio and eight coun- employees, and the federal government and encourage their colleagues to be- ties in West Virginia, with a total pop- is taking steps to fill the critical gaps come involved. The activities taken by ulation of 316,000. With the announce- in IT personnel through enhanced re- citizen-scientists, both as part of for- ment of the top 100 hospitals, Saint Jo- cruitment, retention, and training pro- mal fellowship programs, and as em- seph’s became the first facility in West grams. The Office of Personnel Man- ployees, advisors, consultants, and in- Virginia to receive this great recogni- agement recently announced new pay dividual voters, demonstrate the im- tion. schedules for some levels of IT employ- portance their work plays in our soci- I had the pleasure of visiting Saint ees, and a new scholarship program ety. I will continue to seek increased Joseph’s in October 1998, to partake in will offer financial assistance to under- opportunities for science fellows and the ground breaking for their new $20 graduate and graduate students in ex- scientific advisors to explore opportu- million extension. This extension has change for a two-year commitment to nities in federal policymaking, and I created over 100 new jobs at the hos- work for the government in informa- ask that the text of the ‘‘Science’’ arti- pital, adding to the 860 people already tion security. The program was author- cle be printed in the RECORD. employed by Saint Joseph’s. The exten- ized by the FY01 Defense Authorization The material follows: sion replaced the physical facilities for bill. [From Science Magazine, Nov. 24, 2000] surgical and emergency services, and However, in the rush to ensure ade- STAFFING SCIENCE POLICY-MAKING consolidated the hospital’s heart serv- quate IT and computer information se- (By Daryl Chubin and Jane Maienschein) ices. curity staffing levels, we should not There are repeated calls for scientists The HCIA-Sachs study selects the top forget the need to make certain that worldwide to become involved in guiding 100 hospitals based on five categories, the federal government continues to government decisions concerning science. In depending on the number of beds and attract physical and natural scientists. the United States, science policy-making po- teaching status, and ranks them based The November 24, 2000 issue of Science sitions span the gamut from political ap- on seven measures of clinical, oper- discusses the difficulties and rewards pointees (through a melange of advisory pan- ational, and financial performance. facing scientists who enter public serv- els, review groups, and professional associa- Saint Joseph’s has been recognized as ice. These ‘‘civic scientists’’ are em- tions) to consultants, all of whom provide commentary—solicited and unsolicited—on one of the top twenty large community ployed at all levels of government, as budgets, programs, and current science and benchmark hospitals, with more than well as serving on federal advisory pan- technology issues. Neal Lane, Assistant to 250 beds. The list encourages awareness els and review groups. Their activities the President for Science and Technology of industry-wide benchmarks and the play a critical role in making decisions Policy, has called for ‘‘civic scientists’’ to measurement of performance against for funding priorities, new initiatives, enter public service as staff in support of in- peers. For example, the top hospitals and regulatory actions that depend in- formed science policy-making. have taken median average length of creasingly on scientific expertise. Given the daily decisions affecting the di- stay to a five-year low this year, and The scientific community and the rections and applications of science, the federal government have a mutually more staff members who understand science surpassed comparable hospitals in clin- the better. Otherwise, valuable time is wast- ical quality measures, such as lower beneficial relationship, which is nur- ed and risks are taken in making uninformed mortality and complications. tured through programs that bring sci- decisions about funding priorities, new ini- I find it highly gratifying that one of entists into policy staff positions, both tiatives, and regulatory actions that increas- West Virginia’s finest hospitals has as career employees and as temporary ingly depend on considered scientific judg- been nationally recognized by this staff. I know my colleagues are well ac- ments. One way to add scientific value to de- great honor. It is particularly striking quainted with the Sea Grant Fellow- cision-making is to bring scientists into staff that Saint Joseph’s has been distin- ship program that offers an edu- positions, either within a policy career path cational experience to graduate stu- or as a temporary assignment. The question guished by a study with such very high is how to attract more scientists to take up standards as one of the top twenty fa- dents in marine or aquatic studies to this public service and how to prepare them cilities of its kind. I am so thankful to work in a congressional, executive to contribute? the Saint Joseph’s Hospital’s CEO Ste- branch, or association office. Nor are Overcoming the underlying problem of phens Mundy, its doctors and nurses, we strangers to the American Associa- conflicting core values in the scientific and and all of its employees for the amaz- tion for the Advancement of Science policy cultures presents a challenge. Work- ing work that they continue to do to (AAAS) Fellowship program that intro- ing individually within a laboratory hier- serve their community. The people of duces over 100 scientists and engineers archy, scientists are rewarded for originality from diverse fields to executive and and ownership of ideas. Even in collaborative Wood County, West Virginia, and the projects, the leaders typically receive the surrounding areas, are indeed fortunate legislative policy positions for one to credit. Despite periodic calls for rewarding to have you as part of their commu- two years. These fellowship programs departments, multidisciplinary teams, and nity. Congratulations on this great provide unique opportunities to sci- broader collaborations, an individualistic achievement.∑ entists and serve as an introduction to ethic prevails. Researchers seek credit, and f working for the federal government. the community practices individual account- In addition, many professional ability for performance. Priority of dis- SCIENTISTS AND PUBLIC SERVICE science and engineering societies are covery, authorship, and invention all circle ∑ Mr. AKAKA. Mr. President, I rise addressing the importance of these pro- around the traditional proprietary nature of scientific knowledge. today to call my colleagues’ attention grams to science and the value of the Scientists who move from the laboratory to the work of scientists around the scientists who choose to take on these into public service, and from the foreground country who are involved in guiding roles. The scientific community is into the background, will experience culture the federal government in issues relat- changing its view of those who work in shock. An outstanding speech or position ing to science and technology. As the science policy as digressing from ‘‘real paper on which the scientist’s name does not ranking Democrat on the International science’’ to instead seeing it as a re- appear replaces an article published in a Security, Proliferation, and Federal spectable career path. These programs peer-reviewed journal. Ego must fade from Services Subcommittee, I know the im- and others put scientists into staff view; instead, satisfaction comes from being part of the process and seeing it work. This portance of these men and women who roles at the federal level and create po- requires learning to speak for someone else, support our nation’s ability to make litically informed citizen-scientists. in someone else’s voice, to someone else’s informed science policy decisions. Besides bringing scientific expertise credit. Why should any self-respecting sci- Throughout this Congress, the Gov- and professional service into federal of- entist want to do this? Because there is more ernmental Affairs Committee has held fices for a year or more, these pro- at stake than acclaim by one’s professional

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.064 pfrm04 PsN: S15PT2 S11912 CONGRESSIONAL RECORD — SENATE December 15, 2000 community. There is a larger public and na- ing a visit to Adams County. Although However, the Page After Page pro- tional interest. Beyond altruism, staff work at times a fierce partisan, he kept win- gram is just one example of the Muse- allows another expression of the competitive ning elections by appealing to Demo- um’s commitment to providing posi- values of science. In a high-stakes high- crats, Republicans, and Independents. tive and significant opportunities for tempo environment, scientists can make a He was a true bridge builder and an ef- difference by drawing on their research and West Virginia’s youth. The Artists-in- pedagogical skills while mastering new ones. fective county and party official. Residence series, programs for special Many have done so admirably, but we need Mr. President, I have had the honor needs preschoolers, a planetarium, a more scientists who are willing to help staff of working with Al Witte for most of science room, even a recreated pioneer science policy-making. this past decade, including when I rep- village—the list of educational re- In the United States, a number of pro- resented Adams County and Quincy in sources and activities is endless. Of grams exist to provide orientation and on- the U.S. House of Representatives. I course, this list reflects the hard work the-job training for scientists willing to have always been taken by his dedica- and dedication of an organization that enter this public role. For example, Re- tion, loyalty, and commitment to pub- has not wavered in its commitment to search!America connects scientists in all lic service. His will be incredibly big our children, or in its celebration of federal legislative districts with representa- shoes to fill. tives there. The Ecological Society of Amer- the unique and vital history of West ica is cultivating a cohort of Aldo Leopold In closing, Mr. President, I applaud Virginia. Fellows. The Congressional Fellows program Al for his commitment and his efforts For 23 years, the Youth Museum has of the American Association for the Ad- to improve the quality of life in Adams been enriching the lives of the children vancement of Science introduces scientists County, Illinois. I send my best wishes and families in our great state. Truly, to the policy-making process. Many U.S. uni- to Al for a happy and healthy retire- it was a privilege to nominate the versities now offer undergraduate and grad- ment that allows him to spend a great Youth Museum of Southern West Vir- uate students a semester in Washington as deal of time with his wife, Mary, his ginia for this year’s Award for Museum an intern in an agency, congressional office, children, and his grandchildren. We’ll or think tank. These programs and others Service, and it was no surprise to learn miss Buck, but will take comfort in the that they were chosen for this pres- put scientists into staff roles at the federal ∑ and local levels and create cohorts of politi- fact that he is only a phone call away. tigious national recognition. I am cally informed citizen-scientists. We applaud f deeply proud of their accomplishment, these efforts and call for more. HONORING THE YOUTH MUSEUM and look forward to the many con- In particular, we need more public discus- OF SOUTHERN WEST VIRGINIA tributions the Museum will continue to sion of what it means to serve as staff and make to the education of West Vir- ∑ why it is important for science that some Mr. ROCKEFELLER. Mr. President, ginia’s youth.∑ scientists take on these roles. We need addi- today I am especially proud to recog- f tional training at all levels to negotiate the nize the achievement of one of my clash of cultures. We need rewards for those state’s most prized organizations, the MESSAGES FROM THE PRESIDENT who undertake staffing roles and do them Youth Museum of Southern West Vir- well. These scientists should not be seen as Messages from the President of the digressing from ‘‘real science’’ but as facili- ginia. Joining only 21 other museums United States were communicated to tating the expanding reach of science as a re- nationwide, the Youth Museum has the Senate by Mr. Williams, one of his spectable career path. Staffing science been selected as a recipient of this secretaries. should be embraced as a necessary part of year’s prestigious Institute of Museum EXECUTIVE MESSAGES REFERRED the scientific enterprise, as well as a form of and Library Service National Award As in executive session the Presiding public service that advances interest, appre- for Museum Service. This award high- Officer laid before the Senate messages ciation, and understanding of a rapidly lights the enormous contributions from the President of the United changing world.∑ made by the Youth Museum to the States submitting sundry nominations f growth and development of the chil- and withdrawals which were referred to TRIBUTE TO ALLAN W. WITTE dren of Southern West Virginia. This the appropriate committees. organization is truly deserving of this ∑ Mr. DURBIN. Mr. President, I rise (The nominations received today are national recognition. printed at the end of the Senate pro- today to recognize the extraordinary Located in the beautiful mountains contributions of Allan W. ‘‘Buck’’ ceedings.) of Beckley, West Virginia, the Youth f Witte to the people of Adams County, Museum has brought culture, art, and Illinois, and to congratulate him on his the rich tradition of Appalachian his- MESSAGES FROM THE HOUSE recent retirement. tory to West Virginian school children Under authority of the order of the One week ago, Al Witte quietly re- since 1977. Earning the praise of teach- Senate of January 6, 1999, the Sec- tired as Adams County Treasurer, a ers, parents, and school administra- retary of the Senate, on December 15, post he had held since 1992. But his tors, the Museum has touched the lives 2000, during the recess of the Senate, public service contributions extend far of thousands of families across the received a message from the House of beyond the treasurer’s office. Al spent state. Without the vast resources of Representatives announcing that the three years on the Adams County more urban contemporaries, the Youth House has agreed to the following con- Board, winning a district in 1990 that, Museum has helped to ensure that current resolution, without amend- quite frankly, he wasn’t supposed to West Virginia’s children have a sense ment. win. of the diverse accomplishment and cre- S. Con. Res. 161. Concurrent resolution to During his tenure on the County ativity that define their state’s herit- correct the enrollment of H.R. 5528. Board and in the treasurer’s office, he age. The message also announced that the became one of the most popular public An example of the unique and signifi- House has passed the following bill, in servants in Adams County, drawing the cant opportunities offered by the which it requests the concurrence of largest vote totals of any county offi- Youth Museum can be found in the the Senate: cial. He followed in the footsteps of his Page After Page program. Recognizing H.R. 3594. An act to repeal the modifica- late father, Art Witte, a hard working the extraordinary number of talented tion of the installment method. Adams County Clerk, who dedicated writers to be found in our state, the ENROLLED BILL SIGNED himself to a lifetime of public service. Museum has brought together teach- Under authority of the order of the Prior to his tenure on the Adams ers, librarians, reading specialists, stu- Senate of January 6, 1999, the Sec- County Board and his service as Treas- dents, and native authors to create an retary of the Senate, on December 15, urer, Al worked for 30 years at Gard- exhibition that emphasizes literacy 2000, during the recess of the Senate, ner-Denver in industrial engineering, and the achievements of West Virginia received a message from the House of retiring from that post in 1989. artists. Combining a focus on improv- Representatives announcing that the Anyone who knows Al is aware of his ing reading skills with the unique and Speaker has signed the following en- strong support for the Democratic personal contributions of local writers, rolled bills: Party, an unyielding loyalty that en- this program continues to challenge, S. 439. An act to amend the National For- sured he was the first phone call made stimulate, and inspire young readers est and Public Lands of Nevada Enhance- by any Democratic politician arrang- across the state. ment Act of 1988 to adjust the boundary of

VerDate 15-DEC-2000 03:16 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.095 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11913 the Toiyabe National Forest, Nevada, and to H.R. 4942. An act making appropriations sonnel were forced to perform for those com- amend chapter 55 of title 5, United States for the government of the District of Colum- panies as prisoners of war of Japan during Code, to authorize equal overtime pay provi- bia and other activities chargeable in whole World War II. sions for all Federal employees engaged in or in part against the revenues of said Dis- The message further announced that wildland fire suppression operations. trict for the fiscal year ending September 30, the House has passed the following bill, S. 1508. An act to provide technical and 2001, and for other purposes. with an amendment, in which it re- legal assistance for tribal justice systems H.R. 5016. An act to redesignate the facility quests the concurrence of the Senate: and members of Indian tribes, and for other of the United States Postal Service located purposes. at 514 Express Center Drive in Chicago, Illi- S. 2924. An act to strengthen the enforce- S. 1694. An act to direct the Secretary of nois, as the ‘‘J.T. Weeker Service Center.’’ ment of Federal statutes relating to false the Interior to conduct a study on the rec- H.R. 5210. An act to designate the facility identification, and for other purposes. lamation and reuse of water and wastewater of the United States Postal Service located The message also announced that the in the State of Hawaii, and for other pur- at 200 South George Street in York, Pennsyl- House agrees to the Senate amendment poses. vania, as the ‘‘George Atlee Goodling Post to the House amendments to the bill S. 1898. An act to provide protection Office Building.’’ against the risks to the public that are in- H.R. 5528. An act to authorize the construc- (S. 2943) to authorize additional assist- herent in the interstate transportation of tion of a Wakpa Sica Reconciliation Place in ance for international malaria control, violent prisoners. Fort Pierre, South Dakota, and for other and to provide for coordination and S. 3045. An act to improve the quality, purposes. consultation in providing assistance timeliness, and credibility of forensic science H.J. Res. 133. Joint resolution making fur- under the Foreign Assistance Act of services for criminal justice purposes, and ther continuing appropriations for the fiscal 1961 with respect to malaria, HIV, and for other purposes. year 2001, and for other purposes. tuberculosis. H.R. 2903. An act to reauthorize the Striped Under the authority of the orders of f Bass Conservation Act, and for other pur- the Senate of December 15, 2000, the en- poses. H.R. 5461. An act to amend the Magnuson- rolled joint resolution was signed sub- ENROLLED BILLS PRESENTED Stevens Fishery Conservation and Manage- sequently by the Acting President pro The Secretary of the Senate reported ment Act to eliminate the wasteful and un- tempore (Mr. ABRAHAM). that on December 15, 2000, he had pre- sportsmanlike practice of shark finning. At 7:58 p.m., a message from the sented to the President of the United H.R. 5630. An act to authorize appropria- States, the following enrolled bills: tions for fiscal year 2001 for intelligence and House of Representatives, delivered by intelligence-related activities of the United Ms. Kelaher, one of its reading clerks, S. 439. An act to amend the National For- States Government, the Community Man- announced that the House has passed est and Public Lands of Nevada Enhance- agement Account, and the Central Intel- ment Act of 1988 to adjust the boundary of the following bills, in which it requests the Toiyabe National Forest, Nevada, and to ligence Agency Retirement and Disability the concurrence of the Senate: System, and for other purposes. amend chapter 55 of title 5, United States H.R. 5640. An act to expand homeownership H.R. 604. An act to amend the charter of Code, to authorize equal overtime pay provi- in the United States, and for other purposes. the AMVETS organization. sions for all Federal employees engaged in H.R. 2049, An act to rename Wolf Trap wildland fire suppression operations. Under the authority of the orders of Farm Park for the Performing Arts as ‘‘Wolf S. 1508. An act to provide technical and the Senate of January 6, 1999, the en- Trap National Park for the Performing legal assistance for tribal justice systems rolled joint resolution was signed sub- Arts.’’ and members of Indian tribes, and for other sequently by the President pro tempore H.R. 2816. An act to establish a grant pro- purposes. (Mr. THURMOND). gram to assist State and local law enforce- S. 1694. An act to direct the Secretary of At 5:17 p.m., a message from the ment in deterring, investigating, and pros- the Interior to conduct a study on the rec- House of Representatives, delivered by ecuting computer crimes. lamation and reuse of water and wastewater Ms. Kelaher, one of its reading clerks, H.R. 3488. An act to designate the United in the State of Hawaii, and for other pur- States Post Office located at 60 Third Ave- poses. announced that the House has passed nue in Long Branch, New Jersey, as the ‘‘Pat S. 1898. An act to provide protection the following joint resolution, in which King Post Office Building.’’ against the risks to the public that are in- it requests the concurrence of the Sen- H.R. 5562. An act ti amend title 28, United herent in the interstate transportation of ate: States Code, to allow a judge to whom a case violent prisoners. H.J. Res. 133. Joint resolution making fur- is transferred to retain jurisdiction over cer- S. 3045. An act to improve the quality, ther continuing appropriations for the fiscal tain multidistrict litigation cases for trial. timeliness, and credibility of forensic science year 2001, and for other purposes. The message also announced that the services for criminal justice purposes, and The message also announced that the House has agreed to the following con- for other purposes. House has agreed to the following con- current resolution, in which it requests f the concurrence of the Senate: current resolution, in which it requests EXECUTIVE AND OTHER H. Con. Res. 445. Concurrent resolution the concurrence of the Senate: COMMUNICATIONS H. Con. Res. 446. Concurrent resolution whereas Henry B. Gonzalez served his Nation providing for the sine die adjournment of the and the people of the 20th District of Texas The following communications were second session of the One Hundred Sixth in San Antonio with honor and distinction laid before the Senate, together with Congress. for 37 years as a Member of the United accompanying papers, reports, and doc- States House of Representatives. uments, which were referred as indi- At 7:01 p.m., a message from the The message further announced that cated: House of Representatives, delivered by the House has passed the following bill, EC–11876. A communication from the Dep- Ms. Kelaher, one of its reading clerks, without amendment: uty Associate Administrator, Environmental announced that the House has agreed S. 3181. An act to establish the White Protection Agency, transmitting, pursuant to the report of the committee of con- House Commission on the National Moment to law, the report of a rule entitled ‘‘Petition ference on the disagreeing votes of the of Remembrance, and for other purposes. By American Samoa for Exemption from two Houses on the amendment of the The message also announced that the Anti-Dumping Requirements for Conven- Senate to the bill (H.R. 4577) making House has agreed to the following con- tional Gasoline’’ (FRL #6908–8) received on appropriations for the Departments of November 27, 2000; to the Committee on En- current resolutions, without amend- vironment and Public Works. Labor, Health and Human Services, ment: EC–11877. A communication from the Dep- and Education, and related agencies for S. Con. Res. 138. Concurrent resolution ex- uty Associate Administrator, Environmental the fiscal year ending September 30, pressing the sense of Congress that a day of Protection Agency, transmitting, pursuant 2001, and for other purposes. peace and sharing should be established at to law, the report of a rule entitled ‘‘Control ENROLLED BILLS SIGNED the beginning of each year. of Emissions from New Nonroad Spark-Igni- The message also announced that the S. Con. Res. 158. Concurrent resolution ex- tion Engines Rated above 19 Kilowatts and pressing the sense of Congress regarding ap- New Land-Based Recreational Spark-Igni- Speaker has signed the following en- propriate actions of the United States Gov- tion Engines’’ (FRL #6907–5) received on No- rolled bills and joint resolution: ernment to facilitate the settlement of vember 27, 2000; to the Committee on Envi- H.R. 1653. An act to approve a governing claims of former members of the Armed ronment and Public Works. international fishery agreement between the Forces against Japanese companies that EC–11878. A communication from the Dep- United States and the Russian Federation. profited from the slave labor that those per- uty Associate Administrator, Environmental

VerDate 15-DEC-2000 03:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.103 pfrm04 PsN: S15PT2 S11914 CONGRESSIONAL RECORD — SENATE December 15, 2000 Protection Agency, transmitting, pursuant ant to law, the annual report for the period Process for Assessment of Insured and As- to law, the report of a rule entitled ‘‘Partial July 1, 1999 through June 30, 2000; to the sisted Properties’’ (RIN2501–AC45) received Withdrawal of District Final Rule for Ap- Committee on Foreign Relations. on December 8, 2000; to the Committee on proval and Promulgation of Implementation EC–11888. A communication from the Chief, Banking, Housing, and Urban Affairs. Plans; California State Implementation Plan Regulations Unit, Internal Revenue Service, EC–11899. A communication from the Gen- Revision, San Diego County Air Pollution Department of the Treasury, transmitting, eral Counsel, Federal Emergency Manage- Control District’’ (FRL #6908–3) received on pursuant to law, the report of a rule entitled ment Agency, transmitting, pursuant to law, November 27, 2000; to the Committee on En- ‘‘Rev. Proc. 2001–11; Adequate Disclosure’’ the report of a rule entitled ‘‘Final Flood vironment and Public Works. (Revenue Procedure 2001–11) received on De- Elevation Determinations 65 FR 71262’’ re- EC–11879. A communication from the Dep- cember 7, 2000; to the Committee on Finance. ceived on December 8, 2000; to the Committee uty Associate Administrator, Environmental EC–11889. A communication from the Chief, on Banking, Housing, and Urban Affairs. Protection Agency, transmitting, pursuant Regulations Unit, Internal Revenue Service, EC–11900. A communication from the Gen- to law, the report of a rule entitled ‘‘Ap- Department of the Treasury, transmitting, eral Counsel, Federal Emergency Manage- proval and Promulgation of Implementation pursuant to law, the report of a rule entitled ment Agency, transmitting, pursuant to law, Plans Texas; Excess Emissions During Start- ‘‘Notice 2001–4’’ (SPR–128950–00) received on the report of a rule entitled ‘‘Changes in up, Shutdown, Malfunction and Mainte- December 8, 2000; to the Committee on Fi- Flood Elevation Determinations 65 FR 71260’’ nance’’ (FRL #6907–8) received on November nance. (Docket No. FEMA–B–7406) received on De- 27, 2000; to the Committee on Environment EC–11890. A communication from the Chief, cember 8, 2000; to the Committee on Bank- and Public Works. Regulations Unit, Internal Revenue Service, ing, Housing, and Urban Affairs. EC–11880. A communication from the Dep- Department of the Treasury, transmitting, EC–11901. A communication from the Gen- uty Associate Administrator, Environmental pursuant to law, the report of a rule entitled eral Counsel, Federal Emergency Manage- Protection Agency, transmitting, pursuant ‘‘Safe Harbor Transfers of REMIC Residuals’’ ment Agency, transmitting, pursuant to law, to law, the report of a rule entitled ‘‘Protec- (Revenue Procedure 2001–12) received on De- the report of a rule entitled ‘‘Changes in tion of Stratospheric Ozone: Incorporation of cember 8 , 2000; to the Committee on Fi- Flood Elevation Determinations 65 FR 71258’’ Clean Air Act Amendments for Reductions in nance. (Docket No. FEMA–D–7505) received on De- Class I, Group VI Controlled Substances’’ EC–11891. A communication from the Chief, cember 8, 2000; to the Committee on Bank- (FRL #6906–4) received on November 27, 2000; Regulations Branch, U.S. Customs Service, ing, Housing, and Urban Affairs. to the Committee on Environment and Pub- Department of the Treasury, transmitting, EC–11902. A communication from the Gen- lic Works. pursuant to law, the report of a rule entitled eral Counsel, Federal Emergency Manage- EC–11881. A communication from the Dep- ‘‘Amended Bond Procedures for Articles Sub- ment Agency, transmitting, pursuant to law, uty Associate Administrator, Environmental ject to An Exclusion Order Issued by the U.S. the report of a rule entitled ‘‘Suspension of Protection Agency, transmitting, pursuant International Trade Commission’’ (RIN1515– Community Eligibility 65 FR 75631’’ (Docket to law, the report of a rule entitled ‘‘Ap- AC43) received on December 8, 2000; to the No. FEMA–7747) received on December 8, proval and Promulgation of Implementation Committee on Finance. 2000; to the Committee on Banking, Housing, Plans; Arizona State Implementation Plan EC–11892. A communication from the Chief, and Urban Affairs. Revision, Pinal County Air Quality Control Regulations Branch, U.S. Customs Service, EC–11903. A communication from the Fed- District and Pinal-Gila Counties Air Quality Department of the Treasury, transmitting, eral Register Liaison Officer, Office of Thrift Control District’’ (FRL #6839–9) received on pursuant to law, the report of a rule entitled Supervision, Department of the Treasury, December 7, 2000; to the Committee on Envi- ‘‘Export Certificates for Lamb Meat Subject transmitting, pursuant to law, the report of ronment and Public Works. to Tariff-Rate Quota’’ (RIN1515–AC54) re- a rule entitled ‘‘Technical Amendments’’ re- EC–11882. A communication from the Dep- ceived on December 8, 2000; to the Committee ceived on December 11, 2000; to the Com- uty Associate Administrator, Environmental on Finance. mittee on Banking, Housing, and Urban Af- Protection Agency, transmitting, pursuant EC–11893. A communication from the Chief, fairs. to law, the report of a rule entitled ‘‘Ap- Regulations Branch, U.S. Customs Service, EC–11904. A communication from the Dep- proval and Promulgation of Air Quality Im- Department of the Treasury, transmitting, uty Associate Administrator, Environmental plementation Plans; Pennsylvania; Approval pursuant to law, the report of a rule entitled Protection Agency, transmitting, pursuant of VOC and NOx RACT Determinations for ‘‘Civil Asset Forfeiture’’ (RIN1515–AC69) re- to law, the report of a rule entitled ‘‘Ap- Individual Sources’’ (FRL #6577–9) received ceived on December 11, 2000; to the Com- proval and Promulgation of State Implemen- on December 7, 2000; to the Committee on mittee on Finance. tation Plans; Michigan’’ (FRL #6907–1) re- Environment and Public Works. EC–11894. A communication from the Sec- ceived on November 27, 2000; to the Com- EC–11883. A communication from the As- retary of Education, transmitting, pursuant mittee on Environment and Public Works. sistant Chief Counsel for Legislation and to the Federal Advisory Committee Act, a EC–11905. A communication from the Dep- Regulations, Federal Transit Administra- follow-up report on recommendations; to the uty Associate Administrator, Environmental tion, Department of Transportation, trans- Committee on Health, Education, Labor, and Protection Agency, transmitting, pursuant mitting, pursuant to law, the report of a rule Pensions. to law, the report of a rule entitled ‘‘Geor- entitled ‘‘Major Capital Investment EC–11895. A communication from the Di- gia: Final Authorization of State Hazardous Projects’’ (RIN2132–AA63) received on De- rector of the Corporate Policy and Research Waste Management Program’’ (FRL #6907–3) cember 7, 2000; to the Committee on Environ- Department, Pension Benefit Guaranty Cor- received on November 27, 2000; to the Com- ment and Public Works. poration, transmitting, pursuant to law, the mittee on Environment and Public Works. EC–11884. A communication from the Dep- report of a rule entitled ‘‘Premium Rates; EC–11906. A communication from the Dep- uty Associate Administrator, Environmental Payment of Premiums’’ (RIN1212–AA58) re- uty Associate Administrator, Environmental Protection Agency, transmitting, pursuant ceived on December 7, 2000; to the Committee Protection Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Final on Health, Education, Labor, and Pensions. to law, the report of a rule entitled ‘‘Emis- Authorization of State Hazardous Waste EC–11896. A communication from the Di- sion Guidelines for Existing Small Municipal Management Program Revisions’’ (FRL rector of the Office of Regulations Manage- Waste Combustion Units’’ (FRL #6899–5) re- #6915–8) received on December 7, 2000; to the ment, National Cemetery Administration, ceived on November 27, 2000; to the Com- Committee on Environment and Public Department of Veterans Affairs, transmit- mittee on Environment and Public Works. Works. ting, pursuant to law, the report of a rule en- EC–11907. A communication from the Dep- EC–11885. A communication from the Ad- titled ‘‘Outer Burial Receptacles (with a uty Associate Administrator, Environmental ministrator, Farm Service Agency, Depart- companion Notice)’’ (RIN2900–AK49) received Protection Agency, transmitting, pursuant ment of Agriculture, transmitting, pursuant on December 8, 2000; to the Committee on to law, the report of a rule entitled ‘‘New to law, the report of a rule entitled ‘‘Imple- Veterans’ Affairs. Source Performance Standards for New mentation of Special Apple Loan Program EC–11897. A communication from the Hous- Small Municipal Waste Combustion Units’’ and Emergency Loan for Seed Producers ing and Urban Development Secretary Des- (FRL #6899–6) received on November 27, 2000; Program’’ (RIN0560–AG23) received on De- ignee To the Board of Directors, Federal to the Committee on Environment and Pub- cember 11, 2000; to the Committee on Agri- Housing Finance Board, transmitting, pursu- lic Works. culture, Nutrition, and Forestry. ant to the Inspector General Act, a report on EC–11908. A communication from the Dep- EC–11886. A communication from the Office activities for the six-month period ending uty Associate Administrator, Environmental of the President, Overseas Private Invest- September 30, 2000; to the Committee on Protection Agency, transmitting, pursuant ment Corporation, transmitting, pursuant to Governmental Affairs. to law, the report of a rule entitled ‘‘Guide- law , a report relative to establishing a coun- EC–11898. A communication from the Asso- lines Establishing Test Procedures for the cil to promote greater investment in sub-Sa- ciate General Counsel for Legislation and Analysis of Pollutants Under the Clean haran Africa; to the Committee on Foreign Regulations, Office of Housing, Department Water Act; National Primary Drinking Relations. of Housing and Urban Development, trans- Water Regulations; and National Secondary EC–11887. A communication from the As- mitting, pursuant to law, the report of a rule Drinking Water Regulations; Methods Up- sistant Administrator, Bureau for Legisla- entitled ‘‘Uniform Physical Condition Stand- date’’ (FRL #6918–2) received on December 13, tive and Public Affairs, Agency for Inter- ards and Physical Inspection Requirements 2000; to the Committee on Environment and national Development, transmitting, pursu- for Certain HUD Housing: Administrative Public Works.

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.096 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11915 EC–11909. A communication from the Dep- Protection Agency, transmitting, pursuant pursuant law, the performance and account- uty Associate Administrator, Environmental to law, the report of a rule entitled ‘‘Ap- ability report for fiscal year 2000; to the Protection Agency, transmitting, pursuant proval and Air Quality Implementation Plan Committee on Governmental Affairs. to law, the report of a rule entitled ‘‘Toxic Revisions and Section 112(1) Program; Colo- EC–11932. A communication from the Substances Control Act Test Guidelines’’ rado; Issuance of Permits to Limit Potential Comptroller General of the General Account- (FRL #6551–2) received on December 13, 2000; to Emit Criteria and Hazardous Air Pollut- ing Office, transmitting, pursuant to law; a to the Committee on Environment and Pub- ants’’ (FRL #6875–6) received on December 13, report regarding the failure of the National lic Works. 2000; to the Committee on Environment and Security Council to provide the General Ac- EC–11910. A communication from the Dep- Public Works. counting Office with full and complete ac- uty Associate Administrator, Environmental EC–11919. A communication from the Di- cess to 26 unredacted documents; to the Protection Agency, transmitting, pursuant rector of the Federal Emergency Manage- Committee on Governmental Affairs. to law, the report of a rule entitled ‘‘Revi- ment Agency, transmitting, pursuant to law, EC–11933. A communication from the Ad- sions to the California State Implementation a notification of efforts to provide emer- ministrator of the National Aeronautics and Plan, Santa Barbara and Ventura County Air gency assistance relative to the West Nile Space Administration, transmitting, pursu- Pollution Control Districts’’ (FRL #6895–7) Virus; to the Committee on Environment ant to law, the semiannual report for the pe- received on December 13, 2000; to the Com- and Public Works. riod ending September 30, 2000; to the Com- mittee on Environment and Public Works. EC–11920. A communication from the Ad- mittee on Governmental Affairs. EC–11911. A communication from the Dep- ministrator of the Environmental Protection EC–11934. A communication from the As- uty Associate Administrator, Environmental Agency, transmitting, pursuant to law, a re- sistant Secretary, Minerals Management Protection Agency, transmitting, pursuant port relative to the implementation of trans- Service, Department of the Interior, trans- to law, the report of a rule entitled ‘‘Na- fers between the Clean Water State Revolv- mitting, pursuant to law, the report of a rule tional Emission Standards for hazardous Air ing Fund and the Drinking Water State Re- entitled ‘‘Oil and Gas and Sulphur Operation Pollutions from the Pulp and Paper Indus- volving Fund; to the Committee on Environ- in the Outer Continental Shelf-Update of try’’ (FRL #6917–1) received on December 13, ment and Public Works. Documents Incorporated by Reference-API 2000; to the Committee on Environment and EC–11921. A communication from the Specification 14A, Tenth Edition’’ (RIN1010– Public Works. Chairman of the Board of Directors, Corpora- AC–66) received on December 11, 2000; to the EC–11912. A communication from the Dep- tion for Public Broadcasting, transmitting, Committee on Energy and Natural Re- uty Associate Administrator, Environmental pursuant to law, the semiannual report for sources. Protection Agency, transmitting, pursuant the period ending September 30, 2000; to the EC–11935. A communication from the As- to law, the report of a rule entitled ‘‘Clean Committee on Governmental Affairs. sistant Secretary, Bureau of Land Manage- EC–11922. A communication from the Exec- Air Act Final Interim Approval of the Oper- ment, Department of the Interior, transmit- utive Director of the Committee for Pur- ating Permits Program; Approval of State ting, pursuant to law, the report of a rule en- chase from People Who Are Blind or Se- Implementation Plan Revision for the titled ‘‘Wilderness Management’’ (RIN1004– verely Disabled, transmitting, pursuant to Issuance of Federally Enforceable State Op- AB69) received on December 12, 2000; to the law, the report of additions to the procure- erating Permits; Antelope Valley Air Pollu- Committee on Energy and Natural Re- ment list received on December 12, 2000; to tion Control District, California’’ (FRL sources. the Committee on Governmental Affairs. EC–11936. A communication from the Exec- #6864–3) received on December 13, 2000; to the EC–11923. A communication from the utive Director, Advisory Council on Historic Committee on Environment and Public Chairman of the Federal Trade Commission, Preservation, transmitting, pursuant to law, Works. transmitting, pursuant to law, a report pro- EC–11913. A communication from the Dep- viding comments on the Inspector General the report of a rule entitled ‘‘Protection of uty Associate Administrator, Environmental Semiannual Report; to the Committee on Historic Properties (36 C.F.R . Part 800)’’ Protection Agency, transmitting, pursuant Governmental Affairs. (RIN3010–AA05) received on December 12, to law, the report of a rule entitled ‘‘Clean EC–11924. A communication from the Sec- 2000; to the Committee on Energy and Nat- Air Act Final Full Approval of Operating retary of Labor, transmitting, pursuant to ural Resources. Permits Program: The U.S. Virgin Islands’’ the Inspector General Act, the semiannual EC–11937. A communication from the Act- (FRL #6916–9) received on December 13, 2000; reports of the Pension Benefit Guaranty Cor- ing Director of the Office of Surface Mining, to the Committee on Environment and Pub- poration; to the Committee on Govern- Department of the Interior, transmitting, lic Works. mental Affairs. pursuant to law, the report of a rule entitled EC–11914. A communication from the Dep- EC–11925. A communication from the Ad- ‘‘Maryland Regulatory Program’’ (MD–047– uty Associate Administrator, Environmental ministrator of the Agency for International FOR) received on December 12, 2000; to the Protection Agency, transmitting, pursuant Development, transmitting, pursuant to the Committee on Energy and Natural Re- to law, the report of a rule entitled ‘‘Ap- Inspector General Act, the semiannual re- sources. proval and Promulgation of Air Quality Im- port ending September 30, 2000; to the Com- EC–11938. A communication from the Act- plementation Plans; Illinois; Post–1996 Rate mittee on Governmental Affairs. ing Director of the Office of Surface Mining, of Progress Plan for the Chicago Ozone Non- EC–11926. A communication from the Department of the Interior, transmitting, attainment Area’’ (FRL #6917–7) received on Chairman of the International Trade Com- pursuant to law, the report of a rule entitled December 13, 2000; to the Committee on En- mission, transmitting, pursuant to the In- ‘‘Application and Permit Information Re- vironment and Public Works. spector General Act, the semiannual report quirements; Permit Eligibility; Definitions EC–11915. A communication from the Dep- for the period April 1, 2000 through Sep- of Ownership and Control; the Applicant/Vio- uty Associate Administrator, Environmental tember 30, 2000; to the Committee on Govern- lator System; Alternative Enforcement’’ Protection Agency, transmitting, pursuant mental Affairs. (RIN1029–AB94) received on December 12, to law, the report of a rule entitled ‘‘Ap- EC–11927. A communication from the 2000; to the Committee on Energy and Nat- proval and Promulgation of Air Quality Im- Chairman of the National Credit Union Ad- ural Resources. plementation Plans; Maryland; Nitrogen Ox- ministration, transmitting, pursuant to the EC–11939. A communication from the ides Budget Program’’ (FRL #6916–8) received Inspector General Act, the semiannual re- Chairman of the Federal Energy Regulatory on December 13, 2000; to the Committee on port for the period April 1, 2000 through Sep- Commission, transmitting, pursuant to law, Environment and Public Works. tember 30, 2000; to the Committee on Govern- a report relative to the California wholesale EC–11916. A communication from the Dep- mental Affairs. electric market; to the Committee on En- uty Associate Administrator, Environmental EC–11928. A communication from the Di- ergy and Natural Resources. Protection Agency, transmitting, pursuant rector of the National Gallery of Art, trans- EC–11940. A communication from the As- to law, the report of a rule entitled ‘‘Ap- mitting, pursuant to the Inspector General sistant General Counsel for Regulatory Law, proval and Promulgation of Air Quality Im- Act and the Federal Managers Financial In- Office of Procurement and Assistance Man- plementation Plans; Massachusetts; Revi- tegrity Act, a report attesting to the ade- agement, Department of Energy, transmit- sions to Stage II Vapor Recovery Program’’ quacy of management control systems; to ting, pursuant to law, the report of a rule en- (FRL #6914–1) received on December 13, 2000; the Committee on Governmental Affairs. titled ‘‘Acquisition Regulations: Revision of to the Committee on Environment and Pub- EC–11929. A communication from the Sec- Patent Regulations Relating to DOE Man- lic Works. retary of the Treasury, transmitting, pursu- agement and Operating Contracts’’ (RIN1991– EC–11917. A communication from the Dep- ant to law, two semiannual reports for the AB55) received on December 14, 2000; to the uty Associate Administrator, Environmental period ending September 30, 2000; to the Committee on Energy and Natural Re- Protection Agency, transmitting, pursuant Committee on Governmental Affairs. sources. to law, the report of a rule entitled ‘‘Acquisi- EC–11930. A communication from the In- EC–11941. A communication from the As- tion Regulation: Remove Contract Quality spector General of the Railroad Retirement sistant General Counsel for Regulatory Law, Requirements; Miscellaneous Technical Board, transmitting, pursuant to law, the Office of Procurement and Assistance Man- Amendment’’ (FRL #6917–2) received on De- semiannual report for the period April 1, 2000 agement, Department of Energy, transmit- cember 13, 2000; to the Committee on Envi- through September 30, 2000; to the Com- ting, pursuant to law, the report of a rule en- ronment and Public Works. mittee on Governmental Affairs. titled ‘‘Acquisition Regulations; Costs Asso- EC–11918. A communication from the Dep- EC–11931. A communication from the Com- ciated with Whistleblower Actions’’ uty Associate Administrator, Environmental missioner of Social Security , transmitting, (RIN1991–AB36) received on December 14,

VerDate 15-DEC-2000 03:34 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.097 pfrm04 PsN: S15PT2 S11916 CONGRESSIONAL RECORD — SENATE December 15, 2000 2000; to the Committee on Energy and Nat- law, the report of a rule entitled ‘‘Immu- mittee on Agriculture, Nutrition, and For- ural Resources. nology and Microbiology Devices; Classifica- estry. EC–11942. A communication from Director tion of Anti-Saccaromyces cerevisiae (S. EC–11964. A communication from the Asso- of Defense Procurement, Department of De- cerevisiae) Antibody (ASCA) Test Systems’’ ciate Administrator, Agricultural Marketing fense, transmitting, pursuant to law, the re- (Docket No. 00N–1565) received on December Service, Department of Agriculture, trans- port of a rule entitled ‘‘Material Manage- 12, 2000; to the Committee on Health, Edu- mitting, pursuant to law, the report of a rule ment and Accounting Systems’’ (DFARS cation, Labor, and Pensions. entitled ‘‘Walnut Grown in California; In- Case 2000–D003) received on December 12, EC–11954. A communication from the Sec- creased Assessment Rate’’ (Docket Number: 2000; to the Committee on Armed Services. retary of Health and Human Services, trans- FV00–984–2 FR) received on December 14, EC–11943. A communication from Director mitting, pursuant to law, a report relative to 2000; to the Committee on Agriculture, Nu- of Defense Procurement, Department of De- the availability of reasonably priced health trition, and Forestry. fense, transmitting, pursuant to law, the re- coverage; to the Committee on Health, Edu- EC–11965. A communication from the Con- port of a rule entitled ‘‘North American In- cation, Labor, and Pensions. gressional Review Coordinator, Animal and dustry Classification System’’ (DFARS Case EC–11955. A communication from the Chief, Plant Health Inspection Service, Department 2000–D015) received on December 12, 2000; to Office of Regulations and Administrative of Agriculture, transmitting, pursuant to the Committee on Armed Services. Law, United States Coast Guard, Depart- law, the report of a rule entitled ‘‘Change in EC–11944. A communication from Director ment of Transportation, transmitting, pur- Disease Status of Artigas, Uruguay, Because of Defense Procurement, Department of De- suant to law, the report of a rule entitled of Rinderpest and Foot-and-Mouth Disease’’ fense, transmitting, pursuant to law, the re- ‘‘Drawbridge Regulations; Mystic River, CT (Docket #00–111–91) received on December 15, port of a rule entitled ‘‘Polyacrylonitrile (CGD01–00–247)’’ (RIN2115–AE47) (2000–0068) 2000; to the Committee on Agriculture, Nu- Carbon Fiber’’ (DFARS Case 2000–D017) re- received on December 7, 2000; to the Com- trition, and Forestry. ceived on December 12, 2000; to the Com- mittee on Commerce, Science, and Transpor- EC–11966. A communication from the Con- mittee on Armed Services. tation. gressional Review Coordinator, Animal and EC–11945. A communication from Director EC–11956. A communication from the Act- Plant Health Inspection Service, Department of Defense Procurement, Department of De- ing Director of the Office of Sustainable of Agriculture, transmitting, pursuant to fense, transmitting, pursuant to law, the re- Fisheries, National Marine Fisheries Serv- law, the report of a rule entitled ‘‘Specifi- port of a rule entitled ‘‘Authority to Indem- ice, Department of Commerce, transmitting, cally Approved States Authorized To Re- nify Against Unusually Hazardous or Nu- pursuant to law, the report of a rule entitled ceived Mares and Stallions Imported from clear Risks’’ (DFARS Case 2000–D025) re- ‘‘Fraser River Sockeye and Pink Salmon Regions where CEM Exists’’ (Docket #00–115– ceived on December 12, 2000; to the Com- Fisheries; Inseason Orders’’ received on De- 1) received on December 15, 2000; to the Com- mittee on Armed Services. cember 12, 2000; to the Committee on Com- mittee on Agriculture, Nutrition, and For- EC–11946. A communication from Director merce, Science, and Transportation. estry. of Defense Procurement, Department of De- EC–11957. A communication from the As- EC–11967. A communication from the Di- fense, transmitting, pursuant to law, the re- sistant Administrator, National Oceanic and rector of the Office of Management and port of a rule entitled ‘‘Domestic Source Re- Atmospheric Administration, Department of Budget, Executive Office of the President, strictions—Ball and Roller Bearings and Ves- Commerce, transmitting, pursuant to law, transmitting , pursuant to law, a report rel- sel Propellers’’ (DFARS Case 2000–D301) re- the report of a rule entitled ‘‘National Sea ative to accounts containing unvouchered ceived on December 12 , 2000; to the Com- Grant College Program-National Marine expenditures; to the Committee on Govern- mittee on Armed Services. Fisheries Service Joint Graduate Fellowship mental Affairs. EC–11947. A communication from the Program in Population Dynamics and Ma- EC–11968. A communication from the Chief, Chairman of the Advisory Panel to Assess rine Resource Economics’’ received on De- Regulations Unit, Internal Revenue Service, Domestic Response Capabilities for Ter- cember 12, 2000; to the Committee on Com- Department of the Treasury, transmitting, rorism Involving Weapons of Mass Destruc- merce, Science, and Transportation. pursuant to law, the report of a rule entitled tion, transmitting, pursuant to law, the sec- EC–11958. A communication from the As- ‘‘Relief for Service in Combat Zone and for ond of three annual reports; to the Com- sistant Attorney General, Office of Legisla- Presidentially Declared Disaster’’ (RIN1545– mittee on Armed Services. tive Affairs, Department of Justice, trans- AV92) (TD 8911) received on December 14, EC–11948. A communication from Director mitting, pursuant to law, a report relative to 2000; to the Committee on Finance. of Defense Procurement, Department of De- activities and operations of the Public Integ- EC–11969. A communication from the Dep- fense, transmitting, pursuant to law, the re- rity Section; to the Committee on the Judi- uty Assistant for Fisheries, National Marine port of a rule entitled ‘‘Profit Incentives to ciary. Produce Innovative New Technologies’’ EC–11959. A communication from the Dep- Fisheries Service, Department of Commerce, (DFARS Case 2000–D300) received on Decem- uty Associate Administrator, Environmental transmitting, pursuant to law, the report of ber 12, 2000; to the Committee on Armed Protection Agency, transmitting, pursuant a rule entitled ‘‘Final Rule to Implement the Services. to law, the report of a rule entitled Atlantic Herring Fishery Management Plan’’ EC–11949. A communication from the Dep- ‘‘Thiamethoxam; Pesticide Tolerance for (RIN0648–AI78) received on December 15, 2000; uty Associate Administrator, Environmental Emergency Exemptions’’ (FRL #6755–8) re- to the Committee on Commerce, Science, Protection Agency, transmitting, pursuant ceived on December 15, 2000; to the Com- and Transportation. to law, the report of a rule entitled ‘‘Modi- mittee on Agriculture, Nutrition, and For- EC–11970. A communication from the Pro- fied Styrene-Acrylic Acid and/or Methacrylic estry. gram Analyst, Federal Aviation Administra- Acid Polymers; Tolerance Exemption’’ (FRL EC–11960. A communication from the Dep- tion, Department of Transportation, trans- #6755–7) received on December 13, 2000; to the uty Associate Administrator, Environmental mitting, pursuant to law, the report of a rule Committee on Agriculture, Nutrition, and Protection Agency, transmitting, pursuant entitled ‘‘Airworthiness Directives: Learjet Forestry. to law, the report of a rule entitled Model 45 Series Airplanes; docket no. 2000– EC–11950. A communication from the Chief, ‘‘Clomazone; Pesticide Tolerance for Emer- NM–132 [11–1]’’ (RIN2120–AA64) (2000–0582) re- Regulations Unit, Internal Revenue Service, gency Exemptions’’ (FRL #6755–8) received ceived on December 14, 2000; to the Com- Department of the Treasury, transmitting, on December 15, 2000; to the Committee on mittee on Commerce, Science, and Transpor- pursuant to law, the report of a rule entitled Agriculture, Nutrition, and Forestry. tation. ‘‘TD 8902, Electronic Tip Reports’’ (RIN1545– EC–11961. A communication from the Dep- EC–11971. A communication from the Pro- AV28) received on December 13, 2000; to the uty Associate Administrator, Environmental gram Analyst, Federal Aviation Administra- Committee on Finance. Protection Agency, transmitting four items; tion, Department of Transportation, trans- EC–11951. A communication from the As- to the Committee on Environment and Pub- mitting, pursuant to law, the report of a rule sistant Legal Adviser for Treaty Affairs, De- lic Works. entitled ‘‘Airworthiness Directives: Empresa partment of State, transmitting, pursuant to EC–11962. A communication from the Dep- Brasileira de Aeronautica Model EMB–120 law, the report of the texts of international uty Associate Administrator, Environmental Series Airplanes; docket no. 2000–NM–121 [11- agreements, other than treaties, and back- Protection Agency, transmitting, pursuant 7/12–14]’’ (RIN2120–AA64) (2000–0583) received ground statements; to the Committee on to law, the report of a rule entitled ‘‘Guide- on December 14, 2000; to the Committee on Foreign Relations. lines on Awarding Section 319 Grants to In- Commerce, Science, and Transportation. EC–11952. A communication from the As- dian Tribes in fiscal year 2001’’ (FRL #6919– EC–11972. A communication from the Pro- sistant Secretary of State (Legislative Af- 8); to the Committee on Environment and gram Analyst, Federal Aviation Administra- fairs), transmitting, pursuant to law, the re- Public Works. tion, Department of Transportation, trans- port of a transmittal of the certification of EC–11963. A communication from the Asso- mitting, pursuant to law, the report of a rule the proposed issuance of an export license ciate Administrator, Agricultural Marketing entitled ‘‘Airworthiness Directives: Empresa relative to Turkey; to the Committee on Service, Department of Agriculture, trans- Brasileira de Aeronautica S.A. Model EMB– Foreign Relations. mitting, pursuant to law, the report of a rule 120 Series Airplanes; docket no. 2000–NM–130 EC–11953. A communication from the Di- entitled ‘‘Cranberries Grown in States of [11–6/12–14]’’ (RIN2120–AA64) (2000–0587) re- rector of Regulations Policy and Manage- Massachusetts, et al.; Increased Assessment ceived on December 14, 2000; to the Com- ment Staff, Department of Health and Rate’’ (Docket Number: FV00–929–5 FR) re- mittee on Commerce, Science, and Transpor- Human Services, transmitting, pursuant to ceived on December 14, 2000; to the Com- tation.

VerDate 15-DEC-2000 03:34 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.098 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11917 EC–11973. A communication from the Pro- Whereas, It would be proper and fitting for Indian Tribes, and for other purposes (Rept. gram Analyst, Federal Aviation Administra- our Nation to recognize our coal miners, No. 106–513). tion, Department of Transportation, trans- both past and present, for their contribu- f mitting, pursuant to law, the report of a rule tions to this Nation; therefore be it entitled ‘‘Revision to the Legal Description Resolved, That the House of Representa- INTRODUCTION OF BILLS AND of the Shaw Air Force Base Class C Airspace; tives memorialize the United States Postal JOINT RESOLUTIONS Area; SC; docket no. 00–AWA–2 [11–22/12–14]’’ Service to issue a postage stamp to honor (RIN2120–AA66) (2000–0281) received on De- our coal miners and to commemorate their The following bills and joint resolu- cember 14, 2000; to the Committee on Com- contributions to our Nation and its citizens; tions were introduced, read the first merce, Science, and Transportation. and be it further and second times by unanimous con- EC–11974. A communication from the Pro- Resolved, That copies of this resolution be sent, and referred as indicated: gram Analyst, Federal Aviation Administra- delivered to the United States Postal Serv- By Mr. MCCONNELL (for himself, Mr. tion, Department of Transportation, trans- ice, to the presiding officers of each house of TORRICELLI, Mrs. FEINSTEIN, Mr. AL- mitting, pursuant to law, the report of a rule Congress and to each member of Congress LARD, Mr. SMITH of Oregon, Ms. entitled ‘‘Removal of Class E Airspace; Me- from Pennsylvania. LANDRIEU, Mr. BURNS, Mr. BENNETT, ridian NAS— McCain Field, MS; docket no. Mr. BREAUX, Mr. HUTCHINSON, and 00–ASO–40 [11–22/12–14]’’ (RIN2120&AA66) POM–644. A resolution adopted by the Sen- Mr. SANTORUM): (2000–0282) received on December 14, 2000; to ate of the Legislature of the State of Texas S. 1. A bill to establish an Election Admin- the Committee on Commerce, Science, and relative to the State Criminal Alien Assist- istration Commission to study Federal, Transportation. ance Program; to the Committee on Appro- State, and local voting procedures and elec- EC–11975. A communication from the Pro- priations. tion administration and provide grants to gram Analyst, Federal Aviation Administra- SENATE RESOLUTION NO. 1106 modernize voting procedures and election ad- tion, Department of Transportation, trans- Whereas, The United States Congress has ministration, and for other purposes; to the mitting, pursuant to law, the report of a rule established the State Criminal Alien Assist- Committee on Rules and Administration. entitled ‘‘Amendment of Class E Airspace; ance Program (SCAAP) to provide federal as- By Mr. SPECTER: New Bern, NC; Docket no. 00–ASO–41 [11–22/ sistance to states and localities for costs in- S. 3280. A bill to prohibit assistance to the 12–14]’’ (RIN2120–AA66) (2000–0283) received on curred for the imprisonment of undocu- Palestinian Authority unless and until cer- December 14, 2000; to the Committee on Com- mented aliens who commit criminal offenses; tain conditions are met; to the Committee merce, Science, and Transportation. and on Foreign Relations. EC–11976. A communication from the Act- Whereas, The SCAAP program, which is By Mr. TORRICELLI: ing Director of the Office of Surface Mining, administered by the United States Depart- S. 3281. A bill to designate the United Department of the Interior, transmitting, ment of Justice, has a funding level author- States Post Office located at 60 Third Ave- pursuant to law, the report of a rule entitled ized by statute of $650 million per year; ac- nue in Long Branch, New Jersey, as the Pat ‘‘West Virginia Regulatory Program’’ (WV– tual SCAAP funding for the 1999 fiscal year, King Post Office Building; to the Committee 086–FOR) received on December 14, 2000; to however, is only $585 million, an amount on Governmental Affairs. the Committee on Energy and Natural Re- that provides state and local governments a By Mr. BINGAMAN: sources. mere 30 percent of their total reimbursable S. 3282. A bill to authorize funding for Uni- EC–11977. A communication from the Gen- versity Nuclear Science and Engineering eral Counsel, Federal Energy Regulatory costs; and Whereas, The amount of money spent in Programs at the Department of Energy for Commission, transmitting, pursuant to law, fiscal years 2002 through 2006; to the Com- the report of a rule entitled ‘‘Standards for Texas by local and state governmental agen- cies related to incarceration of undocu- mittee on Energy and Natural Resources. Business Practices of Interstate Natural Gas By Mr. LUGAR (for himself, Mr. Pipelines’’ (Order No. 587–M, Docket RM96–1– mented aliens charged or convicted with GRAMM, Mr. HARKIN, Mr. FITZGERALD, 015) received on December 15, 2000; to the criminal offenses ranks as the third highest Mr. HAGEL, and Mr. JOHNSON): Committee on Energy and Natural Re- in the nation; and Whereas, Although full funding of the S. 3283. A bill to reauthorize and amend the sources. Commodity Exchange Act to promote legal EC–11978. A communication from the Di- SCAAP program to the $650 million level will not decrease the total number of undocu- certainty, enhance competition, and reduce rector of the Regulations Policy and Man- systematic risk in markets for futures and agement Staff, Food and Drug Administra- mented aliens held in state or county facili- ties, increased funding will raise the level of over-the-counter derivatives, and for other tion, Department of Health and Human Serv- purposes; read the first time. ices, transmitting, pursuant to law, the re- costs reimbursed by the federal government to approximately 40 percent of the costs for By Mr. DURBIN: port of a rule entitled ‘‘Medical Device; Ex- S. 3284. A bill to amend title 5, United emption From Premarket Notification; Class incarceration of these prisoners; now, there- fore, be it States Code, to establish a national health II Devices; Barium Enema Retention Cath- program administered by the Office of Per- eters and Tips With or Without a Bag’’ Resolved, That the Senate of the State of Texas, 76th Legislature, hereby respectfully sonnel Management to offer Federal em- (Docket No. 00P–1343) received on December ployee health benefits plans to individuals 15, 2000; to the Committee on Health, Edu- request the Congress of the United States to fully fund the State Criminal Alien Assist- who are not Federal employees, and for other cation, Labor, and Pensions. purposes; to the Committee on Govern- EC–11979. A communication from the Dep- ance Program at the authorized level of $650 mental Affairs. uty General Counsel, Small Business Admin- million; and, be it further By Mr. DURBIN: istration, transmitting, pursuant to law, the Resolved, That the Secretary of the Senate S. 3285. A bill to amend the Internal Rev- report of a rule entitled ‘‘Small Business In- forward official copies of this Resolution to enue Code of 1986 to exclude tobacco prod- vestment Companies; Management Owner- the President of the United States, to the ucts from qualifying foreign trade property ship Diversity’’ (RIN3245–AE48) received on President of the Senate and the Speaker of in the treatment of extraterritorial income; December 15, 2000; to the Committee on the House of Representatives of the United to the Committee on Finance. Small Business. States Congress, and to all the members of the Texas delegation to the Congress with By Mr. BINGAMAN (for himself, Mr. f the request that this Resolution be officially DASCHLE, and Mr. BAUCUS): PETITIONS AND MEMORIALS entered in the Congressional Record as a me- S. 3286. A bill to provide permanent fund- morial to the Congress of the United States ing for the Bureau of Land Management Pay- The following petitions and memo- of America. ment in Lieu of Taxes program and for other rials were laid before the Senate and purposes; to the Committee on Energy and were referred or ordered to lie on the POM–645. A petition from a citizen of the Natural Resources. table as indicated: State of New York relative to primary and By Mr. STEVENS (for himself, Mr. INOUYE, and Mr. MURKOWSKI): POM–643. A resolution adopted by the general elections; to the Committee on Rules S. 3287. A bill to amend title 3, United House of the General Assembly of the Com- and Administration. States Code, and the Uniform Time Act of monwealth of Pennsylvania relative to the f 1966 to establish a single poll closing time for issuance of a postal stamp to honor coal Presidential general elections; to the Com- miners; to the Committee on Governmental REPORTS OF COMMITTEES mittee on Rules and Administration. Affairs. The following reports of committees f HOUSE RESOLUTION NO. 639 were submitted: Whereas, Our entire Nation owes our coal By Mr. CAMPBELL, from the Committee SUBMISSION OF CONCURRENT AND miners a great deal more than we could ever on Indian Affairs: SENATE RESOLUTIONS repay them for the difficult and dangerous Report to accompany S. 2508, a bill to job that they performed so that we could amend the Colorado Ute Indian Water Rights The following concurrent resolutions have the fuel we needed to operate our indus- Settlement Act of 1988 to provide for a final and Senate resolutions were read, and tries and to heat our homes; and settlement of the claims of the Colorado Ute referred (or acted upon), as indicated:

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.098 pfrm04 PsN: S15PT2 S11918 CONGRESSIONAL RECORD — SENATE December 15, 2000 By Mr. LOTT (for himself, Mr. ministration Commission, the bill will are introducing the House companion DASCHLE, Mr. NICKLES, and Mr. REID): create one agency that can bring fo- to our bill today. And finally, I would S. Res. 388. A resolution tendering the cused expertise to bear on the adminis- like to mention some of the citizens or- thanks of the Senate to the President pro tration of elections. This Commission ganizations that have announced their tempore for the courteous, dignified, and im- partial manner in which he has presided over will consist of four Commissioners ap- support for our bill. They include the the deliberations of the Senate; considered pointed by the President with the ad- Paralyzed Veterans of America, The and agreed to. vice and consent of the Senate. It will Voting Integrity Project, The National By Mr. LOTT (for himself, Mr. continue to carry out the functions of Council on Disability, and the National DASCHLE, Mr. NICKLES, and Mr. REID): the two entities that are being com- Foundation for the Blind. S. Res. 389. A resolution tendering the bined to create it. These include advis- Mr TORRICELLI. Mr. President, I thanks of the Senate to the Vice President ing states on the requirements of the am pleased to join Senators MCCON- for the courteous, dignified, and impartial Voting Accessibility for the Elderly NELL, FEINSTEIN, ALLARD, LANDRIEU, manner in which he has presided over the de- and Handicapped Act, carrying out the liberations of the Senate; considered and SMITH and BENNETT to introduce the agreed to. Federal functions under the Uniformed Election Reform Act of 2000, bipartisan By Mr. LOTT (for himself, Mr. NICKLES, and Overseas Voting Act, and servicing legislation that seeks to modernize and and Mr. REID): as a clearinghouse for information on improve the nation’s election proce- S. Res. 390. To commend the exemplary federal elections and election adminis- dures. Although there is much about leadership of the Democratic Leader; consid- tration. the aftermath of the November 7th ered and agreed to. In addition, the new Commission will elections upon which Americans can By Mr. DASCHLE (for himself, Mr. engage in ongoing study and make NICKLES, and Mr. REID): disagree, this much should be clear: the periodic recommendations on the best United States is a 21st century democ- S. Res. 391. A resolution to commend the practices relating to voting technology exemplary leadership of the Majority Lead- racy with a 19th century election sys- er; considered and agreed to. and ballot design as well as polling tem. In order to maintain the legit- By Mr. LOTT (for himself, Mr. place accessibility. The Commission imacy of our country’s democratic in- DASCHLE, Mr. NICKLES, and Mr. REID): will also study and recommend ways to stitutions, we must have an election S. Res. 392. A resolution tendering the improve voter registration, system that is fair and accurate. thanks of the Senate to the Senate Staff for verification of registration, and the The antiquated voting equipment the courteous, dignified, and impartial man- maintenance and accuracy of voter used in most counties around the coun- ner in which they have assisted the delibera- rolls. This is of special urgency in view try is perhaps the most startling rev- tions of the Senate; considered and agreed of the allegations surfacing in this to. elation from this year’s election. Elec- election of hundreds of felons being By Mr. DURBIN (for himself and Mr. tion Data Services reports that eight- listed on voting rolls and illegally vot- FITZGERALD): een percent of Americans vote using ing, as reported last week in the Miami S. Res. 393. Considered and agreed to. technology that prevailed around the By Mr. STEVENS (for himself and Mr. Herald, while other law abiding citi- time Thomas Edison invented the BYRD): zens who allegedly registered were not lightbulb and nearly thirty-three per- S. Con. Res. 162. A concurrent resolution to included on the voting rolls and were cent of Americans vote by punching direct the Clerk of the House of Representa- unable to vote. Such revelations from out unpredictable little chads, a sys- tives to make a correction in the enrollment this year’s elections coupled with the of H.R. 4577; considered and agreed to. tem implemented during the Johnson well-known report by ‘‘60 Minutes’’ of f administration. In a nation where peo- the prevalence of dead people and pets ple can confidently access the balance STATEMENTS ON INTRODUCED both registering and voting in past in their checking account on any street BILLS AND JOINT RESOLUTIONS elections make clear the need for corner, it is unacceptable to have any thoughtful study and recommendations Mr. McCONNELL (for himself, less confidence in the exercise of the to ensure that everyone who is legally Mr. TORRICELLI, Mrs. FEIN- most fundamental of rights. Many entitled to vote is able to do so and STEIN, Mr. ALLARD, Mr. SMITH states and localities continue to use that everyone who votes is legally enti- of Oregon, Ms. LANDRIEU, Mr. outdated systems because of the cost of tled to do so—and does so only once. In BURNS, and Mr. BENNETT): replacing them. Electronic voting ma- addition to its studies and rec- S. 1. A bill to establish an Election Admin- chines with touch screens similar to ommendations, the Commission will istration Commission to study Federal, bank ATMs, which are the most mod- State, and local voting procedures and elec- provide matching grants to states ern and accurate systems, cost about tion administration and provide grants to working to improve election adminis- $5,000 each while replacing a punch- modernize voting procedures and election ad- tration. ministration, and for other purposes; to the I think it is important that this card system costs only about $225. Committee on Rules and Administration. Commission be established as a perma- The inequity in quality of voting ma- ELECTION REFORM ACT nent, ongoing body. Many issues of chines across the country raises funda- Mr. McCONNELL Mr. President, I election administration, such as poll- mental questions of fairness and equal rise today to introduce the Election ing place accessibility and alternative protection. Statistics from Florida Reform Act. As chairman of the Senate voting methods require ongoing exam- demonstrate that those individuals Rules Committee, I am pleased to be ination in view of ever-changing tech- who voted in areas with punch cards introducing along with Senators nology. A permanent Commission will had a much higher chance that their TORRICELLI, FEINSTEIN, ALLARD, SMITH, be able to better facilitate timely in- vote would not register than those who and LANDRIEU meaningful, bipartisan formation about new, cost-effective voted with more modern equipment. legislation to reform the administra- technologies that can improve election For example, in Florida predominantly tion of our nation’s elections. As we administration, such as technology to African-American neighborhoods lost move into the twenty-first century it enable physically-challenged citizens many more presidential votes than is inexcusable that the world’s most to vote with the same degree of privacy other areas largely because of the infe- advanced democracy relies on voting and dignity enjoyed by other citizens. riority of their voting machines. Thus, systems designed shortly after the Sec- In this age of rapid technological inno- thousands of legally qualified voters ond World War. The Election Reform vation, continuous, ongoing assess- were disenfranchised as a direct result Act will ensure that our nation’s elec- ment of the ways technology can im- of the financial resources of their com- toral process is brought up to twenty- prove election administration serves munity. first century standards. our nation’s interest by ensuring that Therefore, in order to help improve By combining the Federal Election outmoded technology and procedures and modernize the nation’s election Commission’s Election Clearinghouse never again impede democracy in our procedures, the Election Reform Act and the Department of Defenses’ Office great nation. establishes a permanent, federal com- of Voting Assistance, which facilitates I am pleased to announce that Rep- mission charged solely with the im- voting by American civilians and serv- resentative TOM DAVIS, along with Rep- provement of election administration. icemen overseas, into the Election Ad- resentatives ROTHMAN and KENNEDY, By combining the Federal Election

VerDate 15-DEC-2000 03:34 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.100 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11919 Commission’s Office of Election Ad- ment, different standards and different The Election Reform Act will com- ministration (OEC) and the Depart- methodologies in the conduct of the bine the functions of the Federal Elec- ment of Defenses’ Office of Voting As- election is a clear indication that re- tion Commission’s Election Clearing- sistance which facilitates voting by form is needed. Although elections are house and the Department of Defense American civilians and servicemen within the purview of the states, if the Office of Voting Assistance, which fa- overseas, into the Election Administra- Federal government can provide incen- cilitates voting by American civilians tion Commission, the bill will create tives and financial assistance to update and servicemen overseas, into a single one agency that can bring focused ex- equipment and administration to en- Election Administration Commission pertise to bear on the administration sure that every vote counts, that would which will provide grants to states to of elections. This Commission will en- be a giant step forward. modernize their voting procedures. It is gage in ongoing study and make peri- Our democracy is based on the prin- important to note that the Commission odic, recommendations on the best ciple that our political leaders are cho- will in no way usurp what is rightfully practices relating to voting technology sen through a fair and accurate elec- the responsibility of the states to de- and ballot design as well as polling tion process. While the aftermath of termine the times, places and manner place accessibility. The Commission this year’s election brought much dis- of holding elections. will also study and recommend ways to agreement, it is clear that the voting The Commission will study Federal, improve voter registration, system is antiquated and in need of re- State, and local voting procedures and verification of registration, and the form. election administration and will de- This legislation establishes a perma- maintenance and accuracy of voter velop, update and adopt every 4 years, nent, federal Commission dedicated to rolls. Finally, to help diminish the cost voluntary engineering and procedural election administration. This Commis- to states and localities of updating performance standards for voting sys- sion will consist of four Commissioners their election procedures, the Commis- tems. In addition, the Commission will appointed by the President with the sion will provide at least $100 million a engage in ongoing studies of procedures advice and consent of the Senate. The year in matching grants to states and make periodic recommendations Commissioners will serve four-year working to improve election adminis- on the best practices relating to voting terms, with no more than two Commis- tration. technology and ballot design. Another sioners affiliated with the same polit- There can never be a sense again that very important responsibility of the an election in the United States is set- ical party. The Commission would do the fol- Commission will be to advise States re- tled on an arbitrary basis or that elec- lowing: study various aspects of elec- garding compliance with the require- tions are an approximation. Constitu- tion administration and make periodic ments of the Voting Accessibility for tional guarantees of one person, one recommendations on such topics as the Elderly and Handicapped Act and vote mean nothing in theory if they do ballot design, accuracy, security, and develop, update, and adopt voluntary not have any meaning in practice. So technological advances in voting equip- procedures for enhancing voting meth- long as one voter, whether it be a sen- ment; develop and update voluntary ods for voters, including disabled vot- ior citizen, an African-American, or standards for voting systems at least ers. It is imperative that, as we pursue one in service to their country has every four years; study accessibility to improvements in the administration of doubt about whether their vote was polling places and recommend vol- our elections, we also have the most counted, our democracy suffers. That is untary guidelines to increase access to up-to-date information about new tech- an American, not a partisan problem. polling places; allocate $100 million in nologies to enable the elderly and the The challenge before Congress is to matching funds to States and localities disabled to vote with the same degree make sure that the legacy of this elec- that improve their voting systems in a of privacy and dignity enjoyed by other tion is not the confusion that has manner consistent with voluntary rec- citizens. reigned for the past five weeks but an ommendations developed by the Com- Mr. President, I believe this legisla- enhancement of the legitimacy and mission. tion will go a long way toward restor- credibility of our democratic processes. This legislation has the support of ing confidence in our voting systems, Therefore, I look forward to working the Voting Integrity Project, the Com- and I am hopeful that the Senate will with the chairman of the Rules Com- mittee for the Study of the American pass the Election Reform Act very mittee as well as my colleagues on Electorate and the National Organiza- early in the new Congress. both sides of the aisle to see that this tion on Disability, the American Foun- bipartisan legislation is the first pri- dation for the Blind, and the Paralyzed Mr. SPECTER: ority of the 107th Congress. I am en- Veterans of America. S. 3280. A bill to prohibit assistance couraged that both Vice-President As we move forward in the 21st cen- to the Palestinian Authority unless Elect CHENEY and Senator JOSEPH tury, it is essential that the all Ameri- and until certain conditions are met; LIEBERMAN have expressed their strong cans, and nations throughout the to the Committee on Foreign Rela- desire to make election reform legisla- world, continue to have confidence in tions. tion their immediate priority in the our electoral process. This means mod- LEGISLATION CONDITIONING ASSISTANCE TO THE next administration and Congress. I am ernizing the system to include new, PALESTINIAN AUTHORITY also pleased that Representatives cost-effective technologies that can Mr. SPECTER. Mr. President, I rise ROTHMAN, DAVIS, KENNEDY, and ALCEE improve election administration. The to introduce legislation at this time HASTINGS are introducing the House reforms embodied in this legislation which will put on the record factors companion of this legislation today. will permit these advances. I am hope- which have been enormously harmful Their support along with the endorse- ful one of the first acts of the 107th in the current violence which now oc- ments of the Voting Integrity Project, Congress will be to pass this legisla- curs in Israel. This bill would prohibit Paralyzed Veterans of America, the tion. assistance to the Palestinian Author- National Organization on Disability, Mr. SMITH of Oregon. Mr. President, ity or Palestinian projects, unless and and the National Foundation for the I am pleased today to join Senators until certain conditions are met. The Blind gives me great confidence that MCCONNELL, TORRICELLI, FEINSTEIN, Oslo Interim Agreement of 1995 pro- this legislation will gather strong sup- and ALLARD in the introduction of the vided that the Palestinian Authority port progress quickly. Election Reform Act. I think this last would: Mrs. FEINSTEIN. Mr. President, I election made it abundantly clear that . . . ensure that their respective edu- rise today to join with Senators the time has come to streamline and cational systems contribute to the peace be- MCCONNELL and TORRICELLI to intro- update our voting system’s outmoded tween the Israeli and Palestinian peoples and duce the Election Reform Act. I believe technology and procedures. As my col- to peace in the entire region, and will refrain that this legislation will play an im- league Senator MCCONNELL has pointed from the introduction of any motifs that portant role in improving elections in out, it is inexcusable that the world’s could adversely affect the process of rec- the United States. most advanced democracy relies on onciliation. The situation in Florida with dif- voting systems designed shortly after Notwithstanding that commitment, ferent counties using different equip- the Second World War. the Palestinian Authority has filled

VerDate 15-DEC-2000 03:34 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.106 pfrm04 PsN: S15PT2 S11920 CONGRESSIONAL RECORD — SENATE December 15, 2000 the textbooks with the most vitriolic which conditioned U.S. aid on the Pal- books and the schools in Gaza used condemnation of Israel and the Jews. estinian Authority changing its char- Egyptian textbooks. While the areas For example, the ninth graders are ter which called for the destruction of were under the control of the Israeli taught: Israel. That, in fact, did happen and government, these books continued to One must beware of the Jews, for they are perhaps our legislation was somewhat be used but anti-Semitic and anti- treacherous and disloyal. helpful in getting that done. The legis- Israel material was removed. As a re- The ninth graders are further in- lation also conditioned aid on max- sult of the 1993 Oslo Accords, the re- structed: imum efforts of the Palestinian Au- sponsibility for education in the West One must beware of civil war, which the thority and Chairman Arafat to re- Bank and Gaza was transferred from Jews try to incite, and of scheming against strain terrorists. For a time, I think the Israeli government to the Pales- the Muslims. there was a real effort by Chairman tinian Ministry of Education. While be- There are some extraordinarily vitri- Arafat and many in the Palestinian ginning to develop their own cur- olic comments which are inciting the Authority to do that, but that has to- riculum, the Palestinian Ministry of young people, the Arabs, to turn to vio- tally broken down. Education continued to use Egyptian lence in the name of Allah, with the in- Notwithstanding those grave difficul- and Jordanian books, but failed to re- struction directing them that they will ties, efforts must continue on the peace move the anti-Israel and anti-Semitic be doing Allah’s work, and if they are process to try to terminate the vio- material. Currently, the Palestinian killed, they will go to heaven as lence there. I note in this morning’s Ministry of Education is directly su- Allah’s messengers, as Allah’s assist- press there are reports of additional pervising the production of new text- ants. meetings. I have both privately and books which are the first Palestinian- There are reports of 12-year-old boys publicly commended President Clinton produced textbooks. As part of a pilot program, the first who leave their homes telling their for his efforts in trying to mediate the new textbooks were introduced in the parents they are off to throw stones difficulties between the Israelis and first and sixth grades in September and otherwise incite violence. The par- the Palestinians. ents permit this under a fatalistic atti- This business about teaching sixth 2000, as part of the new curriculum which the Palestinian Authority plans tude of ‘‘what will be will be,’’ and that graders, seventh graders, eighth grad- to expand to cover the grades first it is something to be desired—incite to ers, and ninth graders to hate and to through twelfth over the next fours violence and be killed in doing Allah’s incite violence is just absolutely intol- years. Many Israelis and others hoped work. erable if there is to be any chance at The difficulties in the peace process these books would promote the peace all for the peace process to succeed, are enormous. They are generational. process and teach cooperation and tol- and even in the next generation to find There is absolutely no likelihood of erance among the Israelis and the Pal- a way for people to live in peace with success if the schoolchildren in the estinians. Instead, the new Palestinian Palestinian Authority schools are the Jewish State of Israel, the Pales- textbooks continue to contain anti- going to be taught hatred and violence tinian Authority and the Arabs, who Israel material, such as a map denying and the most extraordinary forms of are citizens of Israel, for that matter. the existence of Israel. The continued I am introducing this bill on what is misleading comment—about how to promotion of hatred by the Palestinian probably going to be the last day of our please Allah and how to go to heaven Authority is unacceptable, as it not session so that these educational tools by getting themselves killed in the only violates the spirit of the peace may become better known. People will process of killing others and destroying process but also the letter of the Oslo the peace process. understand them and will join the fight Accords. The United States and the The United States and our allies have to insist that they be terminated. rest of the international community contributed very substantially to Mr. President, to reinterate, I have must send a message to the Palestinian projects in the West Bank and Gaza. sought recognition today to introduce Authority that this will not be toler- While the United States has not given legislation to condition aid to the Pal- ated. aid directly to the Palestinian Author- estinian Authority upon the removal of By means of both the new and old ity since 1995, in fiscal year 2000, the all anti-Semitic and anti-Israel con- textbooks in their schools, the Pales- United States allocated $485 million in tent from their school textbooks, and tinian Authority is raising an entire development assistance to non-govern- radio and television broadcasts at pub- generation of Palestinian children to mental organizations working in the lically funded facilities. The Pales- despise Jews and Israel. These teach- West Bank and Gaza. Between 1995 and tinian Authority deliberately and con- ings foster an environment of hatred 1998, international aid provided by 21 sciously disseminates messages filled and violence, not peace and concilia- countries and 4 international organiza- with anti-Semitic and anti-Israel ha- tion. Palestinian school children are tions amounted to almost $227 million. tred with the clear aim of promoting actively taught that the Jewish people Between 1993 and 1999, the inter- violence against Israel and the Jewish and Israel are the enemy in a broad national community pledged a total of people. This is a clear violation of the range of contexts, and that Jews are $5.7 billion for assistance in the West spirit of the peace process. not to be trusted. For example, on page Bank and Gaza, and over $2.7 billion A study by the Center for Monitoring 79 of the textbook entitled the Islamic was disbursed by the end of 1999, ac- the Impact of Peace, a Jerusalem-based Education for Ninth Grade, the book cording to the World Bank. I will go non-governmental organization, found outlines lessons to be learned by the into the funding which the United that there is not one example in the students. Specifically, it says ‘‘One States has provided and which our al- entire Palestinian school system of a must beware of the Jews, for they are lies have provided in greater detail. positive reference to a Jew, Judaism, treacherous and disloyal.’’ The book This legislation would condition any or to peace with Israel. I urge the pas- goes on to say on page 94, ‘‘one must assistance by the United States to the sage of this legislation to send a clear beware of civil war, which the Jews try Palestinian Authority on changing signal to the Palestinian people that to incite, and of scheming against the those textbooks in accordance with the international community will not Muslims.’’ Reinforcing this message, their commitments under the Oslo accept the fostering of hatred in text- students read on page 182, ‘‘The Jews agreement, ceasing to publish maps books and broadcast media in the West . . . have killed and evicted Muslim which omit Israel but instead refer Bank and Gaza. The United States pro- and Christian inhabitants of Palestine, only to Palestine, and changing the vides assistance to the region in sup- whose inhabitants are still suffering vitriol which appears on the state- port of the peace process, and we must oppression and persecution under rac- sponsored television. These are abso- condition this assistance upon each ist Jewish Administration.’’ lutely minimal steps which have to be party’s fulfillment of the commitments Another textbook, the Islamic Reli- taken if there is to be any opportunity made to bring peace to the region. Fur- gious Education for Fourth Grade, on for success in the Mideast peace proc- thermore, we must vigorously press for page 44, states ‘‘. . . the Jews—as is ess. our allies to do the same. their way—do not want people to live In 1995, Senator SHELBY and I intro- In years past, Palestinian schools in in peace. . .’’ In the Reader and Lit- duced legislation which was enacted the West Bank used Jordanian text- erary Texts for Eighth Grade, on pages

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.158 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11921 96 through 99, students are taught ‘‘The cincts, with the holiness of the ‘Sacred young children to pursue violence and Jews have clear greedy designs on Je- Mosque’ and Mecca. Therefore, any ag- the destruction of Israel, and the mes- rusalem.’’ Students are then asked to gression against one is an aggression sage appears to be reaching the chil- think about the following question: against the other and to defend them is dren. ‘‘What can we do to rescue Jerusalem to defend Islam. Disregard of the duty On October 6, 2000, the New York and to liberate it from the thieving in respect of them is a crime for which Times reported on Muhammad enemy. . .?’’ The authors of these text- Allah will punish every believer in Ibrahim, a Palestinian teenager en- books clearly intended not to foster an Allah and His Prophet.’’ The aggressive gaged in the current violence in the environment of trust between the Pal- message clearly encourages the vio- streets. Muhammad joins his young estinian people and their Jewish neigh- lence which is currently taking place friends on the streets and throws bors. Without a foundation of trust in in the Middle East. stones at Israeli soldiers, even though the hearts and minds of the Palestinian The same seventh grade book also his father asked him ‘‘not to go down people, the peace process is doomed to teaches children to fight and conquer that road’’ and telling him ‘‘we do not failure. Israel’s capital, Jerusalem. For exam- need another generation of victims.’’ The school books also include lessons ple, the book contains a composition When asked why he engaged in the equating Zionism with Nazism, Fas- question which asks: ‘‘How are we stone throwing, Muhammad plainly cism, and racism. For example, the going to liberate our stolen land? Make stated, ‘‘You want to express your textbook entitled The Contemporary use of the following ideas: Arab unity, anger. You know your stone might not History of the Arabs and the World, on genuine faith in Allah, most modern hit an Israeli soldier or might not even page 123, states ‘‘The clearest examples weapons and ammunition, using oil and hurt him. But you want to feel you’ve of racist belief and racial discrimina- other precious natural resources as done something for the homeland.’’ tion in the world are Nazism and Zion- weapons in the battle for liberation.’’ Muhammad made clear where he ism.’’ Lessons such as this one are It is this type of violent message which learned these lessons when he said, ‘‘I clearly not intended to support peace leads young children to take to the was raised with stories of how they between the Palestinians and Israelis. streets and engage in stone-throwing kicked us off our land.’’ The young peo- More alarmingly, in addition to anti- and other violence. ple out on the streets today throwing Semitic material, these textbooks also However, this message is not limited stones have been raised on anti-Israel teach children to pursue violence and to schoolbooks. The same hateful por- and anti-Semitic stories, which is for- the destruction of Israel. The calls to trayal of Jews and Israel found in the mally reinforced in the textbooks used fight and eliminate Israel through school books is promoted regularly on in the schools in the West Bank and Jihad, holy war, and martyrdom for Palestinian Television, which is also Gaza and the television and radio Allah, appear frequently in the school under direct control of the Palestinian broadcasts. If there is any hope for textbooks. The need to fight Israel is Authority. For example, on May 14, lasting peace in the region, the next portrayed as a religious imperative in 1998, Palestinian television broadcast generation of leaders must not be the books. statements such as ‘‘The Jewish gangs raised on lessons of hatred and vio- For example, a fifth grade textbook, waged racial cleansing wars against in- lence. Our Arabic Language for Fifth Grade nocent Palestinians...large scale In signing the 1995 Interim Agree- on page 69 and 70, teaches children that appalling massacres saving no women ment on the West Bank and Gaza, the ‘‘there will be a Jihad and our country or children.’’ On May 14, 1998, Zionism Israeli government and the Palestinian shall be freed. This is our story with was presented as ‘‘a cancer in the body Authority agreed to use their respec- the thieving conquerors. You must of the nation.’’ tive educational systems to support know, my boy, that Palestine is your Palestinian television broadcasts a the peace process. Specifically, Article grave responsibility.’’ The book also continuous flow of violent images with XXII of the Israeli-Palestinian Interim teaches children to ‘‘remember: The messages glorifying the children in the Agreement on the West Bank and the Arabs and the Muslims are fighting the streets as martyrs participating in Gaza Strip of 1995 declares that Israel Jews who fought against them and op- Jihad. For example, television stations and the Palestinian Authority will pressed them and drove them from around the world broadcast the image ‘‘ensure that their respective edu- their homes unjustly. The final and in- of Muhammad al-Durrah, the twelve cational systems contribute to the evitable result will be the victory of year old boy who was killed while his peace between the Israeli and Pales- the Muslims over the Jews.’’ father tried to shield him from the tinian peoples and to peace in the en- The violent message continues in the crossfire on September 30, 2000. How- tire region, and will refrain from the seventh grade textbook, Islamic Edu- ever, the image of the young man, who introduction of any motifs that could cation for Seventh Grade, on page 108, had no intention when he left his house adversely affect the process of rec- which states ‘‘if the enemy has con- that day to become a martyr, was in- onciliation.’’ The Palestinian Author- quered part of its land and those fight- stantly the symbol used by Palestinian ity should be held to the commitments ing for it are unable to repel the television of the continued victimiza- made in the peace process, not the enemy, then Jihad becomes the indi- tion of the Palestinian people at the least of which is to educate the young vidual religious duty of every Muslim hands of the so-called Israeli ‘‘occu- people of the West Bank and Gaza with man and woman, until the attack is piers.’’ a curriculum that will contribute to successfully repulsed and the land lib- By continually referring to the occu- peace between the Israeli and Pales- erated from conquest and to defend pation of their land, Palestinian tele- tinian peoples. Muslim honor. . .’’. vision refuses to acknowledge the le- The United States provides assist- In addition to lessons on Jihad, stu- gitimacy of Israel. On May 19, 1998, ance to the region in support of the dents are instructed to adopt hostile Palestinian television reported ‘‘ . . . peace process, and it is imperative to attitudes on a particularly divisive the war of 1948 brought about the es- condition this assistance upon the ful- topic—their responsibility regarding tablishment of the Zionist entity on fillment of the commitments made to holy sites. The seventh grade textbook, Palestinian land.’’ The television bring peace to the region. While the Islamic Education for Seventh Grade, broadcasts also declared in May 1998: United States has not given aid di- on page 184, states ‘‘Muslims must pro- ‘‘This is our Palestine. We defend it rectly to the Palestinian Authority tect all mosques. . . They must devote with blood.’’ since 1995, in fiscal year 2000 the United all their efforts and resources to re- The hate-filled broadcasts further re- States allocated $485 million in devel- pairing them and to protecting them inforce the anti-Israel and anti-Semitic opment assistance to non-govern- and must wage a Jihad both of life and messages found in the school textbooks mental organizations working in the property to liberate al-Aqsa Mosque and explicitly aim to incite violence. West Bank and Gaza, including funds from the Zionist conquest.’’ The in- We cannot tolerate this behavior by a for educational programs. It is of the flammatory language is also included society that claims to be committed to utmost importance that the United on page 50, ‘‘The Muslim connects the pursuing the peace process. These States conditions any aid to the Pales- holiness of al-Aqsa Mosque, and its pre- teachings send a direct message to tinian Authority on their commitment

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.159 pfrm04 PsN: S15PT2 S11922 CONGRESSIONAL RECORD — SENATE December 15, 2000 to the peace process, which must be used Egyptian textbooks, but when these our story with the thieving conquerors. You demonstrated by the removal of the areas were under the control of the Israeli must know, my boy, that Palestine is your anti-Semitic and anti-Israel material government, anti-Semitic and anti-Israel grave responsibility. from their textbooks and radio and tel- content was removed from the school books. (20) Children are specifically taught to pro- (5) While beginning to develop their own tect all mosques, and for example, Islamic evision broadcasts. curriculum, the Palestinian Ministry of Edu- Education for the Seventh Grade instructs It is also imperative that the United cation continued to use Egyptian and Jor- students that ‘‘they must devote all their ef- States urge our allies to condition danian books, but failed to remove the anti- forts and resources to repairing them and to their aid to the Palestinian Authority Israel and anti-Semitic content. protecting them and must wage a Jihad both on this issue. Between 1995 and 1998 (6) The Palestinian Ministry of Education of life and property to liberate al-Aqsa international aid provided by twenty- directly supervised the production of new Mosque from the Zionist conquest’’ on page one countries and four international textbooks which are now used in schools in 184. the West Bank and Gaza. (21) Palestinian Authority television is organizations provided $226.9 million to (7) The new textbooks contain anti-Se- under direct control of the Palestinian Au- educational projects in the Palestinian mitic and anti-Israel content, and the Israeli thority. Territories. Between 1993 and 1999, the government no longer has the authority to (22) The same hateful portrayal of Jews international community pledged a change the content of the textbooks. and Israel found in the school books is pro- total of $5.7 billion in assistance for the (8) Palestinian Authority school children moted regularly on Palestinian television, West Bank and Gaza, and over $2.7 bil- are actively taught that the Jews and Israel and for example, on May 14, 1998, Palestinian lion was disbursed by the end of 1999 are the enemy in a broad range of contexts, television broadcast statements such as and for example, page 79 of the Islamic Edu- according to the World Bank. From ‘‘The Jewish gangs waged racial cleansing cation for Ninth Grade reads, ‘‘One must be- wars against innocent Palestinians. . . large 1994 to 1999, the European Community ware of the Jews, for they are treacherous scale appalling massacres saving no women committed over $600 million. Recently, and disloyal’’. or children’’. on December 6, 2000, the World Bank (9) The Islamic Education for Ninth Grade (23) Also, radio and television broadcasts also agreed to a grant to the Pales- also instructs that ‘‘one must beware of civil made by publicly funded facilities in the Pal- tinian Authority in the amount of $12 war which the Jews try to incite, scheming estinian Authority-controlled areas of the million. against the Muslims,’’ on page 94. West Bank and Gaza include programs hav- (10) On page 182, the text of the Islamic ing an anti-Semitic, anti-Israel content. The assistance to the Palestinian Au- Education for Ninth Grade reads ‘‘The thority, whether through international (24) On May 14, 1998, on Palestinian Tele- Jews—have killed and evicted Muslim and vision Zionism was presented as ‘‘a cancer in institutions or our allies, must include Christian inhabitants of Palestine, whose in- the body of the nation.’’ conditions which will compel the Pal- habitants are still suffering oppression and (25) The Palestinian Television also refuses estinian Authority to remove this un- persecution under racist Jewish administra- to acknowledge the state of Israel, and acceptable material from the text- tion.’’ broadcast in May 1998, ‘‘the war of 1948 books and the broadcast media. The as- (11) The Islamic Religious Education for brought about the establishment of the Zion- sistance is given to the Palestinian Au- the Fourth Grade teaches students on page ist entity on Palestinian land.’’ 44, ‘‘. . . the Jews—as is their way—do not thority with the intent to support (26) The message of Jihad is also conveyed want people to live in peace.’’ on the Palestinian Television, and for exam- peace in the region, and therefore, the (12) The books include lessons equating Zi- ple, the broadcasts declared in May 1998, aid should be conditioned on the re- onism with Nazism, Fascism, and racism, ‘‘This is our Palestine. We defend it with moval of material which undermines and for example, The Contemporary History blood.’’ the peace process from the Palestinian of Arabs and the World, on page 123, states (27) While the United States has not given educational system and broadcast ‘‘The clearest examples of racist belief and aid directly to the Palestinian Authority media. I urge my colleagues to join me racial discrimination in the world are Na- since 1995, in fiscal year 2000 the United zism and Zionism.’’ States allocated $485 million in development in supporting this legislation which (13) Islamic Education for the Fourth sends a clear signal to the Palestinian assistance to non-governmental organiza- Grade teaches children ‘‘the Jews are the en- tions working in the West Bank and Gaza, Authority that the use of anti-Semitic emies’’ on page 67. including funds for education programs. and anti-Israel material in their (14) The new textbooks do not acknowledge (28) Between 1995 and 1998 international aid schools and television and radio broad- the State of Israel, but rather the creation of provided by 21 countries and 4 international casts will not be tolerated. Israel is explained as the Israeli occupation organizations provided $226.9 million to edu- Mr. President, I ask unanimous con- of 1948. cational projects in the Palestinian Terri- (15) All the maps of ‘‘Palestine’’, be they sent that the text of the bill be printed tories.. political, historical, geographical, or natural (29) From 1994 to 1999, the European Com- in the CONGRESSIONAL RECORD. resource maps in the textbooks, erase men- There being no objection, the bill was munity committed over $600 million in as- tion of Israel. sistance to the Palestinian Territories, in- ordered to be printed in the RECORD, as (16) The calls to fight and eliminate Israel cluding funds for education programs. through Jihad (Holy War) and Martyrdom follows: SEC. 2. RESTRICTION ON ASSISTANCE. for Allah, appear frequently in the school S. 3280 (a) RESTRICTION.—No assistance shall be books. Be it enacted by the Senate and House of Rep- (17) In addition there is a separate recur- provided to the Palestinian Authority unless resentatives of the United States of America in ring theme: the children are taught to fight and until the President certifies to Congress Congress assembled, and conquer Israel’s capital, Jerusalem, and that the Palestinian Authority has removed SECTION I. FINDINGS. for example, the book Islamic Education for the anti-Semitic, anti-Israel content in- Congress makes the following findings: Seventh Grade asks: ‘‘How are we going to cluded in the textbooks used in schools, and (1) Today in the West Bank and Gaza, text- liberate our stolen land? Make use of the fol- radio and television broadcasts made by pub- books used in Palestinian schools are teach- lowing ideas: Arab unity, genuine faith in licly funded facilities, in the Palestinian Au- ing hatred towards Jews and the incitement Allah, most modern weapons and ammuni- thority-controlled areas of the West Bank towards violence. tion, using oil and other precious natural re- and Gaza. (2) Article XXII of the Israeli-Palestinian sources as weapons in the battle for libera- (b) SENSE OF CONGRESS.—It is the sense of Interim Agreement of the West Bank and the tion’’ on page 15. Congress that the President should urge al- Gaza Strip of 1995 declares that Israel and (18) The need to fight Israel, all of which is lies of the United States to apply an equiva- the Palestinian Authority will ‘‘ensure that said to be on ‘‘occupied Arab Land’’ becomes lent restriction on assistance as described in their respective educational systems con- a religious imperative, with teachings like subsection (a). tribute to the peace between the Israeli and the following from Islamic Education for Palestinian peoples and to peace in the en- Seventh Grade, page 108:‘‘if the enemy has Mr. BINGAMAN: tire region, and will refrain from the intro- conquered part of its land and those fighting S. 3282. A bill to authorize funding duction of any motifs that could adversely for it are unable to repel the enemy, then for University Nuclear Science and En- affect the process of reconciliation’’. Jihad becomes the individual religious duty gineering Programs at the Department (3) As a result of the Oslo Accords, the re- of every Muslim man and woman, until the of Energy for fiscal years 2002 through sponsibility for education in the West Bank attack is successfully repulsed and the land 2006; to the Committee on Energy and and Gaza was transferred from the Govern- liberated from conquest and to defend Mus- Natural Resources. ment of Israel to the Palestinian Ministry of lim honor. . ’’. Education. (19) The same message appears in the fifth DEPARTMENT OF ENERGY UNIVERSITY NUCLEAR (4) Since the early 1950s, Palestinian grade text Our Arabic Language for Fifth SCIENCE AND ENGINEERING ACT schools in the West Bank have used Jor- Grade on pages 69 and 70, ‘‘there will be a Mr. BINGAMAN. Mr. President. I rise danian textbooks and the schools in Gaza Jihad and our country shall be freed. This is today to introduce a bill authorizing

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.161 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11923 the Secretary of Energy to provide for Basically, we are looking at the po- I’ve proposed to increase the funding the Office of Nuclear Science and Tech- tential loss of a 50 year investment in levels for refueling and upgrading aca- nology to reverse a serious decline in a field which our nation started and demic reactor instrumentation. our nation’s educational capability to leads the world in. What is worse, this I propose to start a new program produce future nuclear scientists and loss is a downward self-feeding spiral. whereby faculty can apply for reactor engineers. Let me outline how serious Poor departments cannot attract research and training awards to pro- this decline is, after doing so I will out- bright students and bright students vide for reactor improvements. line its impact on our nation and then will not carry on the needed cutting I have proposed a novel program discuss how this bill attempts to rem- edge research that leads to promising whereby as part of a student’s under- edy this situation. young faculty members. Our system of graduate and graduate thesis project, As of this year, the supply of four- nuclear education and training, in they help work on the re-licensing of year trained nuclear scientists and en- which we used to lead the world, is lit- their own research reactors. This pro- gineers is at a 35-year low. The number erally imploding upon itself. gram must be in collaboration with in- of four-year programs across our na- I’ve laid out in this bill some pro- dustry which already has ample experi- tion to train future nuclear scientists posals that I hope will seed a national ence in relicensing. Such a program has declined to approximately 25—a 50 debate in the upcoming 107th Congress will once again provide face-to-face percent reduction since about 1970. on what we as a nation need to do to networking and training between stu- Two-thirds of the nuclear science and help solve this very serious problem. It dent, teacher and ultimately their em- engineering faculty are over age 45 is not a perfect bill, but I think it ployer. with little if any ability to draw new should start the ball rolling. I welcome I have proposed a fellowship program and young talent to replace them. Uni- all forms of bipartisan input on it. My whereby faculty can take their sab- versities across the United States can- staff has worked from consensus re- batical year at a DOE laboratory. not afford to maintain their small re- ports from the scientific community Under this program DOE laboratory search reactors forcing their closure at developed by the Nuclear Energy Advi- staff can co-teach university courses an alarming rate. This year there are sory Committee to the Department of and give extended seminars. This pro- only 28 operating research and training Energy’s Office of Nuclear Science and gram also provides for part time em- reactors, over a 50 percent decline since Technology, in particular its Sub- ployment of students at the DOE labs— 1980. Most if not all of these reactors committee on Education and Training. we are talking about bringing in new were built in the late 1950’s and early The report is available on the Office’s and young talent. 60’s and were licensed initially for 30 to website. I encourage everyone to read In making all of these proposals, let 40 years. As a result, within the next and look at these startling statistics. me emphasize that each one of these five years the majority of these 28 reac- Here is an outline of what is in the programs I have described is intended tors will have to be relicensed. Reli- to be peer reviewed and to have awards censing is a long, lengthy process bill. First and foremost, we need to con- made strictly on merit of the proposals which most universities cannot and submitted. This program is not a hand will not afford. Interestingly, the em- centrate on attracting good under- graduate students to the nuclear out. Each element that I am proposing ployment demand for nuclear sci- requires that faculty innovate and entists and engineers exceeds our na- sciences. I have proposed enhancing the current program which provides fellow- compete for these funds. If they do not tion’s ability to supply them. This win, then their reactors will simply be year, the demand exceeded supply by ships to graduate students and extends that to undergraduate students. shut down by their institutions. 350, by 2003 it will be over 400. I have outlined a very serious prob- Second, we need to attract new and These human resource and edu- lem that if not corrected now will cost young faculty. I’ve proposed a Junior cational infrastructure problems are far more to correct later on. If the pro- serious. The decline in a competently Faculty Research Initiation Grant Pro- gram I have outlined is implemented, trained nuclear workforce affects a gram which is similar to the NSF pro- then it will strengthen our reputation broad range of national issues. grams targeted only towards sup- as a leader in the nuclear sciences, We need nuclear engineers and health porting new faculty during the first 5 strengthen our national security and physicists to help design, safely dispose years of their career at a university. our ability to compete in the world and monitor nuclear waste, both civil- These first five years are critical years market place. ian and military. that either make or break new faculty. We rely on nuclear physicists and sci- Mr. President, I ask unanimous con- Third, I’ve proposed enhancing the sent that the text of this bill be printed entists in the field of nuclear medicine Office’s Nuclear Engineering Education to develop radio isotopes for the thou- in the RECORD. and Research Program. This program There being no objection, the bill was sands of medical procedures performed is critical to university faculty and everyday across our nation—to help ordered to be printed in the RECORD, as graduate students by supporting only follows: save lives. the most fundamental research in nu- We must continue to operate and S. 3282 clear science and engineering. These safely maintain our existing supply of Be it enacted by the Senate and House of Rep- fundamental programs ultimately will fission reactors and respond to any fu- resentatives of the United States of America in strengthen our industrial base and over ture nuclear crisis worldwide—it takes Congress assembled, all economic competitiveness. nuclear scientists, engineers and SECTION 1. SHORT TITLE. health physicists to do that. Fourth, I’ve strengthened the Office’s This Act may be cited as ‘‘Department of Our national security and treaty applied nuclear science program by en- Energy University Nuclear Science and Engi- commitments rely on nuclear sci- suring that universities play an impor- neering Act’’. entists to help stem the proliferation tant role in collaboration with the na- SEC. 2. FINDINGS. tional labs and industry. This collabo- The Congress finds the following: of nuclear weapons whether in our na- (1) U.S. university nuclear science and en- tional laboratories or as part of world- ration is the most basic form of tech transfer, it is face-to-face contact and gineering programs are in a state of serious wide inspection teams in such places as decline. The supply of bachelor degree nu- Iraq. Nuclear scientists are needed to networking between faculty, students clear science and engineering personnel in convert existing reactors worldwide and the applied world of research and the United States is at a 35-year low. The from highly enriched to low enriched industry. This program will ensure a number of four year degree nuclear engineer- fuels. transition between the student and ing programs has declined 50 percent to ap- Nuclear engineers and health physi- their future employer. proximately 25 programs nationwide. Over cists are needed to design, operate and Finally, I’ve strengthened what I two-thirds of the faculty in these programs consider the most crucial element of are 45 years or older. maintain future Naval Reactors. The (2) Universities cannot afford to support Navy by itself cannot train students this program—ensuring that future their research and training reactors. Since for their four year degrees—they only generations of students and professors 1980, the number of small training reactors provide advance postgraduate training have well maintained research reac- in the United States have declined by over 50 on their reactor’s operation. tors. percent to 28 reactors. Most of these reactors

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.014 pfrm04 PsN: S15PT2 S11924 CONGRESSIONAL RECORD — SENATE December 15, 2000 were built in the late 1950s and 1960s with 30- (1) Refueling of research reactors with low (1) $6,000,000 for fiscal year 2002. to 40-year operating licenses, and will re- enriched fuels, upgrade of operational instru- (2) $6,500,000 for fiscal year 2003. quire re-licensing in the next several years. mentation, and sharing of reactors among (3) $7,000,000 for fiscal year 2004. (3) The neglect in human investment and universities. (4) $7,000,000 for fiscal year 2005. training infrastructure is affecting 50 years (2) In collaboration with the U.S. nuclear (5) $7,000,000 for fiscal year 2006. of national R&D investment. The decline in industry, assistance, where necessary, in re- (g) RE-LICENSING ASSISTANCE.—Of the a competent nuclear workforce, and the lack licensing and upgrading training reactors as funds under subsection (a), the following of adequately trained nuclear scientists and part of a student training program. sums are authorized to be appropriated to engineers, will affect the ability of the (3) A reactor research and training award carry out section 3(c)(2): United States to solve future waste storage program that provides for reactor improve- (1) $2,000,000 for fiscal year 2002. (2) $2,500,000 for fiscal year 2003. issues, maintain basic nuclear health physics ments as part of a focused effort that empha- (3) $3,000,000 for fiscal year 2004. programs, operate existing fission reactors sizes research, training, and education. (4) $3,000,000 for fiscal year 2005. in the United States, respond to future nu- (d) UNIVERSITY-DOE LABORATORY INTER- (5) $4,500,000 for fiscal year 2006. clear events worldwide, help stem the pro- ACTIONS.—The Secretary of Energy, through (h) REACTOR RESEARCH AND TRAINING liferation of nuclear weapons, and design and the Office of Nuclear Science and Tech- AWARD PROGRAM.—Of the funds under sub- operate naval nuclear reactors. nology, shall develop— section (a), the following sums are author- (4) Further neglect in the nation’s invest- (1) a sabbatical fellowship program for uni- ized to be appropriated to carry out section ment in human resources for the nuclear versity professors to spend extended periods 3(c)(3); sciences will lead to a downward spiral. As of time at Department of Energy labora- (1) $10,000,000 for fiscal year 2002. the number of nuclear science departments tories in the areas of nuclear science; and (2) $15,000,000 for fiscal year 2003. shrink, faculties age, and training reactors (2) a visiting scientist program in which (3) $15,000,000 for fiscal year 2004. close, the appeal of nuclear science will be laboratory staff can spend time in academic (4) $17,000,000 for fiscal year 2005. lost to future generations of students. nuclear science and engineering depart- (5) $20,000,000 for fiscal year 2006. (5) The Department of Energy’s Office of ments. (i) UNIVERSITY-DOE LABORATORY INTER- Nuclear Science and Technology is well suit- The Secretary shall also provide for fellow- ACTIONS.—Of the funds under subsection (a), ed to help maintain tomorrow’s human re- ships for students to spend time at Depart- the following sums are authorized to be ap- source and training investment in the nu- ment of Energy laboratories in the area of propriated to carry out section 3(d). clear sciences. Through its support of re- nuclear science. (1) $1,000,000 for fiscal year 2002. (2) $1,100,000 for fiscal year 2003. search and development pursuant to the De- (e) MERIT REVIEW REQUIRED.—All grants, (3) $1,100,000 for fiscal year 2004. partment’s statutory authorities, the Office contracts, cooperative agreements, or other of Nuclear Science and Technology is the (4) $1,100,000 for fiscal year 2005. financial assistance awards under this Act (5) $1,200,000 for fiscal year 2006. principal federal agent for civilian research shall be made only after independent merit in the nuclear sciences for the United States. review. By Mr. LUGAR (for himself, Mr. The Office maintains the Nuclear Engineer- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. ing and Education Research Program which GRAMM, Mr. HARKIN, Mr. FITZ- (a) TOTAL AUTHORIZATION.—The following GERALD, Mr. HAGEL, and Mr. funds basic nuclear science and engineering. sums are authorized to be appropriated to The Office funds the Nuclear Energy and Re- the Secretary of Energy, to remain available JOHNSON): search Initiative which funds applied col- until expended, for the purposes of carrying S. 3283. A bill to reauthorize and laborative research among universities, in- out this Act: amend the Commodity Exchange Act dustry and national laboratories in the areas (1) $44,200,000 for fiscal year 2002. to promote legal certainty, enhance of proliferation resistant fuel cycles and fu- (2) $56,450,000 for fiscal year 2003. competition, and reduce systematic ture fission power systems. The Office funds (3) $63,100,000 for fiscal year 2004. Universities to refuel training reactors from risk in markets for futures and over- (4) $61,100,000 for fiscal year 2005. the-counter derivatives, and for other highly enriched to low enriched proliferation (5) $71,700,000 for fiscal year 2006. tolerant fuels, performs instrumentation up- (b) GRADUATE AND UNDERGRADUATE FEL- purposes; read the first time. grades and maintains a program of student LOWSHIPS.—Of the funds under subsection (a), THE COMMODITY FUTURES MODERNIZATION ACT fellowships for nuclear science, engineering the following sums are authorized to be ap- OF 2000 and health physics. propriated to carry out section 3(b)(1): Mr. LUGAR. Mr. President, I am SEC. 3. DEPARTMENT OF ENERGY PROGRAM. (1) $5,000,000 for fiscal year 2002. pleased to rise today with Senators (a) ESTABLISHMENT.—The Secretary of En- (2) $5,100,000 for fiscal year 2003. GRAMM, HARKIN, FITZGERALD, HAGEL, ergy, through the Office of Nuclear Science (3) $5,200,000 for fiscal year 2004. and JOHNSON to re-introduce the Com- and Technology, shall support a program to (4) $5,200,000 for fiscal year 2005. maintain the nation’s human resource in- (5) $5,200,000 for fiscal year 2006. modity Futures Modernization Act of vestment and infrastructure in the nuclear (c) JUNIOR FACULTY RESEARCH INITIATION 2000. This legislation is the Senate sciences and engineering consistent with the GRANT PROGRAM.—Of the funds under sub- companion to H.R. 5660, which Con- Department’s statutory authorities related section (a), the following sums are author- gressman THOMAS EWING introduced to civilian nuclear research and develop- ized to be appropriated to carry out section yesterday in the House of Representa- ment. 3(b)(2): tives and which will be enacted as part (b) DUTIES OF THE OFFICE OF NUCLEAR (1) $10,000,000 for fiscal year 2002. of the final appropriations package SCIENCE AND TECHNOLOGY.—In carrying out (2) $11,000,000 for fiscal year 2003. the program under this Act, the Director of (3) $11,500,000 for fiscal year 2004. today. This monumental legislation is the Office of Nuclear Science and Tech- (4) $11,500,000 for fiscal year 2005. the culmination of two years worth of nology shall— (5) $11,500,000 for fiscal year 2006. hearings and hard-fought negotiations, (1) develop a robust graduate and under- (d) NUCLEAR ENGINEERING AND EDUCATION but I am confident that the resulting graduate fellowship program to attract new RESEARCH PROGRAM.—Of the funds under legislation will greatly benefit the U.S. and talented students; subsection (a), the following sums are au- financial industry. I commend all the (2) assist universities in recruiting and re- thorized to be appropriated to carry out sec- Members and staff who have contrib- taining new faculty in the nuclear sciences tion 3(b)(3): and engineering through a Junior Faculty (1) $10,000,000 for fiscal year 2002. uted to this bill. In particular, I want Research Initiation Grant Program; (2) $15,000,000 for fiscal year 2003. to applaud Senator GRAMM, Congress- (3) maintain a robust investment in the (3) $20,000,000 for fiscal year 2004. man EWING and Senator FITZGERALD fundamental nuclear sciences and engineer- (4) $21,000,000 for fiscal year 2005. for their stewardship and determina- ing through the Nuclear Engineering Edu- (5) $22,000,000 for fiscal year 2006. tion in helping pass a bill this year. Its cation Research Program; (e) COMMUNICATION AND OUTREACH RELATED enactment would not have occurred (4) encourage collaborative nuclear re- TO NUCLEAR SCIENCE AND ENGINEERING.—Of without their efforts. I also want to search between industry, national labora- the funds under subsection (a), the following tories and universities through the Nuclear sums are authorized to be appropriated to recognize Treasury Secretary Sum- Energy Research Initiative; and carry out section 3(b)(5): mers, Commodity Futures Trading (5) support communication and outreach (1) $200,000 for fiscal year 2002. Commission, CFTC, Chairman Bill related to nuclear science and engineering. (2) $250,000 for fiscal year 2003. Rainer and Securities and Exchange (c) MAINTAINING UNIVERSITY RESEARCH AND (3) $300,000 for fiscal year 2004. Commission, SEC, Chairman Arthur TRAINING REACTORS AND ASSOCIATED INFRA- (4) $300,000 for fiscal year 2005. Levitt as well as their staffs, who have STRUCTURE.—Within the funds authorized to (5) $300,000 for fiscal year 2006. played a pivotal role in bringing this be appropriated pursuant to this Act, the (f) REFUELING OF RESEARCH REACTORS AND amounts specified under section 4(b) shall, INSTRUMENTATION UPGRADES.—Of the funds bill together and garnering support for subject to appropriations, be available for under subsection (a), the following sums are its passage. the following research and training reactor authorized to be appropriated to carry out This bill, which re-authorizes the infrastructure maintenance and research: section 3(c)(1): Commodity Exchange Act for five

VerDate 15-DEC-2000 03:21 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.112 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11925 years, would reform our financial and the definitions of a swap and a future Act unless those transactions are fu- derivatives laws in five primary ways. began to blur. tures contracts and traded on an orga- First, it would incorporate the unani- In 1998, the CFTC issued a document nized exchange. As recommended by mous recommendations of the Presi- containing a concept release regarding the Working Group, the bill would give dent’s Working Group on Financial OTC derivatives, which was perceived the CFTC jurisdiction over non-regu- Markets on the proper legal and regu- by many as a precursor to regulating lated off-exchange retail transactions latory treatment of over-the-counter, these instruments as futures. Just the in foreign currency. Another important OTC, derivatives. Second, it would cod- threat of reaching this conclusion recommendation of the PWG was to au- ify the regulatory relief proposal of the could have had considerable ramifica- thorize futures clearing facilities to CFTC to ensure that futures exchanges tions, given the size and importance of clear OTC derivatives in an effort to are appropriately regulated and remain the OTC market. The legal uncertainty lessen systemic risk and this bill incor- competitive. Third, this legislation interjected by this dispute jeopardized porates this finding. would repeal the Shad-Johnson juris- the entirety of the OTC market and As part of the legal certainty provi- dictional accord, which banned single threatened to move significant por- sions, this legislation also addresses stock futures 18 years ago. Fourth, this tions of the business overseas. If we the concern that excluding OTC deriva- legislation provides certainty that were to lose this market, most likely tives from the futures laws will cause products offered by banking institu- to London, it would take years to bring these products to be fully regulated as tions will not be regulated as futures it back to U.S. soil. The resulting loss securities. With Senator GRAMM’s lead- contracts. Finally, this bill provides of business and jobs would be immeas- ership, this legislation adopts language legal certainty for institutional equity urable. that would provide the SEC with lim- swaps by providing the SEC with ex- This threat led the Treasury Depart- ited authority over institutional swaps press but limited authorities over these ment, the Federal Reserve, and the for fraud, manipulation and insider instruments. SEC to oppose the concept release and trading. This language will help to pro- Derivative instruments, both those request that Congress enact a morato- vide the legal certainty that these in- that are exchange-traded and traded rium on the CFTC’s ability to regulate stitutional transactions lack under over-the-counter, have played a signifi- these instruments until after the Presi- current law. cant role in our economy’s current ex- dent’s Working Group could complete a Title four of this bill also provides pansion due to their innovative nature study on the issue. As a result, Con- legal certainty for banking products. and risk-transferring attributes. The gress passed a six-month moratorium Senator GRAMM has appropriately global derivatives market has a no- on the CFTC’s ability to regulate over- raised the concern that traditional tional value that now exceeds $90 tril- the-counter derivatives. Despite res- banking products should not be subject lion. Identified by Federal Reserve ervations, I supported this moratorium to the CEA. This language provides an Chairman Alan Greenspan as the most because it brought legal assurance to exclusion for traditional banking prod- significant event in finance of the past this skittish market and it allowed the ucts as well as hybrid products that are decade, the development of the deriva- Working Group time to develop rec- predominantly banking in nature. New tives market has substantially added ommendations on the most appropriate products offered by banks that are not to the productivity and wealth of our legal treatment of OTC derivatives. In in existence on December 5, 2000, or are nation. November 1999, the President’s Work- otherwise not excluded from the CEA Derivatives enable companies to ing Group completed its unanimous would fall under a ‘‘jump ball’’ provi- unbundle and transfer risk to those en- recommendations on OTC derivatives sion of the bill. This section provides a tities who are willing and able to ac- and presented Congress with these find- mechanism for the CFTC and the Fed- cept it. By doing so, efficiency is en- ings. These recommendations remain eral Reserve to determine whether a hanced as firms are able to concentrate the cornerstone of our bill. new non-traditional product offered by on their core business objective. A Our bill contains several mechanisms a bank should be regulated under the farmer can purchase a futures con- for ensuring that legal certainty is at- banking laws or the futures laws. tract, one type of derivative, in order tained and that certain transactions The second major section of this leg- to lock in a price for his crop at har- remain outside the Commodity Ex- islation addresses regulatory relief. In vest. Likewise, automobile manufac- change Act. The first, the electronic February of this year, the CFTC issued turers whose profits earned overseas trading facility exclusion, would ex- a regulatory relief proposal that would can fluctuate with changes in currency clude transactions in financial com- provide relief to futures exchanges and values, can minimize this uncertainty modities from the Act if conducted: (1) their customers. Instead of listing spe- through derivatives, allowing them to on a principal to principal basis; (2) be- cific requirements for complying with focus on the business of building cars. tween institutions or sophisticated per- the CEA, the proposal would require Banks significantly lessen their expo- sons with high net worth; and (3) on an exchanges to meet internationally sure to interest rate movements by en- electronic trading facility. The second agreed-upon core principals. The CFTC tering into derivatives contracts would exclude these transactions if (1) proposal creates tiers of regulation for known as swaps, which enable these in- they are conducted between institu- exchanges based on whether the under- stitutions to hedge their risk by ex- tions or sophisticated persons with lying commodities being traded are changing variable and fixed rates of in- high net worth; and (2) they are not on susceptible to manipulation or whether terests. a trading facility. the users of the exchange are limited Signed into law in 1974, the Com- These exclusions attempt to address to institutional customers. Unsure of modity Exchange Act, CEA, requires the advent of electronic trading and whether this legislation would be en- that futures contracts be traded on a the changing and innovating nature of acted, the CFTC went ahead and final- regulated exchange. As a result, a fu- the financial industry. Indeed, we are ized its regulatory relief proposal on tures contract that is traded off an ex- keenly aware that there are newly November 20, 2000. change is illegal and unenforceable. emerging electronic systems that pro- When enacted, this legislation will When Congress enacted the CEA and vide for the electronic negotiation of largely incorporate the CFTC’s frame- authorized the CFTC to enforce it, this swaps agreements between and among work. A board of trade that is des- was not a concern. The meanings of large banks and other sophisticated ignated as a contract market would re- ‘‘futures’’ and ‘‘exchange’’ were rel- major financial institutions acting as ceive the highest level of regulation atively apparent. Furthermore, the dealers. We do not intend for these sys- due to the fact that these products are over-the-counter derivatives business tems to come within the definition of susceptible to manipulation or are of- was in its infancy. However, in the 26 trading facilities. fered to retail customers. Futures on years since the statute’s enactment, The third exclusion clarifies the agricultural commodities would fall the OTC swaps and derivatives market, Treasury Amendment language already into this category. This bill also sets sparked by innovation and technology, contained in the CEA. It would exclude out that in lieu of contract market des- has significantly outpaced the ex- all transactions in foreign currency ignation, a board of trade may register change-traded futures markets. Thus and government securities from the as a Derivatives Transaction Execution

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.138 pfrm04 PsN: S15PT2 S11926 CONGRESSIONAL RECORD — SENATE December 15, 2000 Facility, DTEF, if the products being ucts that had characteristics of both two day roundtable, in which distin- offered are not susceptible to manipu- securities and futures. Known as the guished individuals from the financial lation and are traded among institu- Shad-Johnson Accord, this agreement community participated. One of those tional customers or retail customers prohibited single stock futures and de- individuals was Merton H. Miller, the who use large Futures Commission lineated jurisdiction between the SEC Nobel Prize winning professor of eco- Merchants, FCMs, who are members of and the CFTC on stock index futures. nomics from the University of Chicago, a clearing facility. Meant as a temporary agreement, who passed away this summer. Pro- Also, a board of trade may choose to many have suggested that the Shad- fessor Miller, known for his disarming be an Exempt Board of Trade, XBOT, Johnson accord should be repealed. The sense of humor, his plain-spokenness and not be subject to the Act (except President’s Working Group unani- and his generosity, is dearly missed by for the CFTC’s anti-manipulation au- mously agreed that the Accord should his family, friends and colleagues. The thority) if the products being offered be repealed if regulatory disparities are impact of his death has been particu- are traded among institutional cus- resolved between the regulation of fu- larly hard felt by the community of tomers only (absolutely no retail) and tures and securities. In March 2000, the friends at the Chicago futures markets. the instruments are not susceptible to General Accounting Office released a Professor Miller was the primary intel- manipulation. Our bill would allow a report that found that there is no le- lectual force behind the development of board of trade that is a DTEF or an gitimate policy reason for maintaining the modern financial futures market XBOT to opt to trade derivatives that the ban on single stock futures since and a staunch defender of the free mar- are otherwise excluded from the Act on these products are being traded in for- ket system. His body of work helped these facilities and to the extent that eign markets, in the OTC market, and bring academic legitimacy to these these products are traded on these fa- synthetically in the options markets. markets, and he is sorely missed by cilities, the CFTC would have exclusive Chairman GRAMM and I sent a letter re- them. As part of our roundtable discus- jurisdiction over them. With this provi- questing the CFTC and the SEC to sion, we allowed each of the partici- sion, the intent is to provide these fa- make recommendations on reforming pants to make one wish for the coming cilities that trade derivatives with a the Shad-Johnson ban. On September 106th Congress. True to his life’s work choice—if regulation is beneficial, the 14, 2000, the SEC and CFTC reached an in this area, Professor Miller told us facility may choose to be regulated. If agreement on the proper regulatory that Congress needed to lessen the cost not, the facility may choose to be ex- treatment of these instruments, and we of regulation on the futures and other cluded or exempted from the Act. have incorporated this agreement into financial markets in order to allow By refraining from altering certain our legislation. these markets to survive and compete sections of the Act, this legislation re- Under the legislation, the SEC and in the global economy. I find it par- affirms the importance of specific au- the CFTC would jointly regulate the ticularly satisfying that we are able to thorities granted the CFTC, including market for single stock futures and pass this historic legislation at the end its anti-fraud and anti-manipulation narrow-based stock index futures. of the 106th Congress and provide Pro- powers. Section 4b is the principal These products will be allowed to trade fessor Miller with his wish. I am con- anti-fraud provision of the Act and the on both futures and securities ex- fident that his legacy will live on Commission has consistently used Sec- changes. Single stock futures and nar- through the success and growth of the tion 4b to combat fraudulent conduct row-based stock index futures (i.e., se- markets that are benefitted by this by bucket shops and boiler rooms that curity futures) would be statutorily de- legislation. entered into transactions directly with fined as both securities and futures, al- Mr. GRAMM. Mr. President, today I their customers and thus did not in- lowing the agencies the authority to join with Senator LUGAR, Chairman of volve a traditional broker-client type regulate these instruments. However, the Senate Agriculture Committee, and of relationship. There have been cases to avoid redundancy, our legislation several others of our colleagues to in- involving the fraudulent sale of illegal exempts these products from a series of troduce the Commodity Futures Mod- precious metals futures contracts mar- regulations and requirements under ernization Act of 2000. The formal pur- keted as cash-forward transactions both the securities and futures laws. pose of this legislation is to reauthor- (CFTC v. P.I.E., Inc., 853 F.2d 721 (9th Margin levels, listing standards, and ize the Commodity Exchange Act, the Cir. 1988)) as well as cases involving other key trading practices would be legal authority for the Commodity Fu- boiler room operations fraudulently jointly supervised by the SEC and tures Trading Commission. As impor- selling illegal precious metals con- CFTC. At the outset, margin levels for tant as that is, this legislation does far tracts to members of the general pub- security futures products could not be more. lic. (CFTC v. Wellington Precious Metals, lower than comparable margin levels This is a landmark bill that address- Inc., 950 F.2d 1525 (11th Cir.), cert. de- required in the options markets. The es the two major purposes that Senator nied, 113 S. Ct. 66 (1992)). This reaffir- tax treatment of these products would LUGAR and I set out to achieve when we mation is consistent with both Con- be comparable to the tax treatment of first began discussing this legislation. gress’ understanding of and past Con- options on securities to ensure a level First of all, this bill would repeal the gressional amendments to Section 4b playing field between the markets. so-called Shad-Johnson Accord, the 18- that confirmed the applicability of Futures on broad-based indices would year-old temporary prohibition on the Section 4b to fraudulent boiler rooms be under the exclusive jurisdiction of trading of futures based on individual and bucket shops that enter into trans- the CFTC. The agreement sets out a stocks. Second, the bill eliminates the actions directly with their customers. ‘‘bright-line’’ formula for determining legal uncertainty that today hangs as It is the intent of Congress in retain- when an index is broad-based using the an ominous cloud over the $60 trillion ing Section 4b of the Act that the pro- number and weighting of the securities financial swaps markets. vision not be limited to fiduciary, contained in the index. This formula We are introducing the bill today as broker/customer or other agency-like would allow a broad-based index to the finished product of years of work relationships. Section 4b provides the contain as few as 9 securities. involving half a dozen committees in Commission with broad authority to The goal of this legislation is to en- both Houses of Congress, and as many police fraudulent conduct within its ju- sure that the United States remains a agencies of the Federal government. risdiction, whether occurring in boiler global leader in the derivatives mar- This bill is identical to, and is the Sen- rooms and bucket shops, or in the e- ketplace and that these markets are ate companion to, H.R. 5660, introduced commerce markets that will develop appropriately and effectively regu- yesterday in the House and which will under this new statutory framework. lated. I believe that this legislation be approved by the House and the Sen- The bill’s last section addresses the meets these objectives while ensuring ate today. We introduce this bill in the Shad-Johnson jurisdictional accord. In that the public’s interest in the finan- Senate to demonstrate the bicameral 1982, SEC Chairman John Shad and cial markets is protected. authorship and support for this impor- CFTC Chairman Phil Johnson reached This long legislative journey began tant legislation. an agreement on dividing jurisdiction two years ago when the Senate and For legislative history, I would direct between the agencies for those prod- House Agriculture Committees held a my colleagues to statements made

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.140 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11927 elsewhere in the RECORD in connection when they are young and to maintain ministrative costs would be covered with House and Senate action on the continuous coverage. from a portion of the OPTION pre- House companion, part of the package OPTION health plans would not be miums. Those who benefit from the of legislation approved together with allowed to impose any preexisting con- program would pay for its overhead the Labor HHS appropriations bill for dition exclusions on new OPTION en- costs. fiscal year 2001. rollees who have at least one year of Mr. President, this legislation could I would take this opportunity to health insurance coverage immediately open the door for many Americans to thank Chairman LUGAR and all who prior to enrollment in an OPTION plan. obtain good health insurance coverage. had a hand in forming this important To prevent people from waiting until I am introducing it at this late point in legislation. All who had a hand in it de- they get sick to enroll, health plans the session so that it can stimulate dis- serve to be proud of this product. would be allowed to exclude coverage cussion over the next few months. I for preexisting conditions for up to one will reintroduce the measure next year. Mr. DURBIN: year for people without coverage im- I welcome the input and support of my S. 3284. A bill to amend title 5, mediately preceding enrollment. colleagues and hope the Senate will United States Code, to establish a na- All employers would have the option work next year to reduce the number tional health program administered by of voluntarily participating in the OP- of uninsured Americans and expand in- the Office of Personal Management to TION program and providing OPTION surance options. offer Federal employee health benefits health plans to their employees. To be I ask unanimous consent that a fuller plans to individuals who are not Fed- eligible, a business would have to be summary of the bill and a copy of the eral employees, and for other purposes; willing to pay at least a minimum per- bill itself be printed in the RECORD. to the Committee on Governmental Af- centage of the premiums, varying from There being no objection, the mate- fairs. 30 percent to 50 percent depending on rial was ordered to be printed in the OPTION ACT OF 2000 the size of the business. This innova- RECORD, as follows: Mr. DURBIN. Mr. President, today I tive employer option would encourage S. 3284 am introducing legislation to make employer health coverage rather than Be it enacted by the Senate and House of Rep- available to all of our constituents the shifting coverage away from the pri- resentatives of the United States of America in same range of private health insurance vate sector. I want to emphasize that Congress assembled, plans available to Members of Congress employer participation would be en- SECTION 1. SHORT TITLE. and other federal employees through tirely voluntary. This Act may be cited as the ‘‘Offering the Federal Employees Health Benefits Opening up these health plans to em- People True Insurance Options Nationwide Program, FEHBP. ployers would give small businesses a Act of 2000’’. The OPTION Act—Offering People new opportunity to provide health cov- SEC. 2. OPTION HEALTH INSURANCE. True Insurance Options Nationwide— erage to their employees. Premiums in Subpart G of part III of title 5, United would expand insurance options by al- today’s market can be especially high States Code, is amended by adding at the end lowing individuals to enroll in private for small businesses buying insurance the following: health insurance plans nearly identical on their own. The OPTION program ‘‘CHAPTER 90A—HEALTH INSURANCE FOR to the plans federal employees cur- will allow businesses to tap into the NON-FEDERAL EMPLOYEES rently choose from. Though the OP- type of group buying power in the fed- ‘‘Sec. TION program would be separate from ‘‘9051. Definitions. eral employees program. ‘‘9052. Health insurance for non-Federal em- the federal employees program, it Premiums would not be government- ployees. would be modeled after FEHBP and subsidized and would instead be the re- ‘‘9053. Contract requirement. would draw from FEHBP’s strengths: sponsibility of the participating enroll- ‘‘9054. Eligibility. plan choice, group purchasing savings, ees and those employers who choose to ‘‘9055. Alternative conditions to Federal em- comprehensive benefits, and open en- participate. ployee plans. rollment periods. Mr. President, I support efforts to ‘‘9056. Coordination with social security ben- Too many Americans do not have provide financial assistance to those efits. ‘‘9057. Non-Federal employer participation. real insurance options. Many individ- who cannot afford health insurance and uals lack insurance because no insurer I have offered other pieces of legisla- ‘‘§ 9051. Definitions is willing to cover them at a reasonable tion to provide that assistance. We ‘‘In this chapter— price. Others work for employers who need to address the fact that 42.6 mil- ‘‘(1) the terms defined under section 8901 shall have the meanings given such terms do not provide health insurance or lion Americans, including 1.7 million under that section; and offer only one insurance provider. The Illinoisans, currently lack health in- ‘‘(2) the term ‘Office’ means the Office of OPTION Act addresses these issues by surance—up nearly 25 percent from the Personnel Management. giving individuals and businesses ac- 34.4 million in 1990. However, I am of- ‘‘§ 9052. Health insurance for non-Federal em- cess to the group purchasing power fering this measure on its own to focus ployees that undergirds FEHBP and the wide specifically on expanding health cov- ‘‘(a) The Office of Personnel Management range of health plans in that program. erage options and encouraging busi- shall administer a health insurance program Under this legislation, all FEHBP nesses to provide coverage. No one for non-Federal employees in accordance health plans would be required to offer should be living just a serious accident with this chapter. an OPTION health plan to non-federal or major illness away from financial ‘‘(b) Except as provided under this chapter, employees with the same benefits they ruin. Making more insurance options the Office shall prescribe regulations to apply the provisions of chapter 89 to the offer federal employees through available to a greater number of people greatest extent practicable to eligible indi- FEHBP. in this country is a good first step to- viduals covered under this chapter. OPTION enrollees would be placed in ward universal coverage. ‘‘(c) In no event shall the enactment of this a separate risk pool, to prevent any ef- The OPTION program would be ad- chapter result in— fect on current FEHBP employees, and ministered by the Office of Personnel ‘‘(1) any increase in the level of individual the OPTION Act would not result in Management, OPM, which administers or Government contributions required under any changes in the premiums or bene- the FEHBP program, and would gen- chapter 89, including copayments or fits of today’s FEHBP health plans. erally follow the rules for FEHBP. deductibles; One of the few differences from OPM has developed considerable exper- ‘‘(2) any decrease in the types of benefits offered under chapter 89; or FEHBP is that OPTION plans would be tise in negotiating and working with ‘‘(3) any other change that would adversely allowed to vary premiums by age, so health plans and has shown that it can affect the coverage afforded under chapter 89 that younger enrollees would be more run a health program well at a min- to employees and annuitants and members of likely to enroll. OPTION plans also imum of cost. We can build on OPM’s family under that chapter. would be required to offer rebates or expertise to extend the same health in- ‘‘§ 9053. Contract requirement lower premiums for longevity of health surance options to all Americans. ‘‘(a) Each contract entered into under sec- coverage. These provisions would act Finally, once it is up and running, tion 8902 shall require a carrier to offer to el- as an incentive for people to sign up the program would pay for itself. Ad- igible individuals under this chapter,

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.116 pfrm04 PsN: S15PT2 S11928 CONGRESSIONAL RECORD — SENATE December 15, 2000 throughout each term for which the contract ‘‘(2) In determining rates and premiums tracts that take effect with respect to cal- remains effective, the same benefits (subject under this chapter— endar year 2002 and each calendar year there- to the same maximums, limitations, exclu- ‘‘(A) the age of covered individuals may be after. sions, and other similar terms or conditions) considered; and as would be offered under such contract or ‘‘(B) rebates or lower rates and premiums THE OFFERING PEOPLE TRUE INSURANCE OP- applicable health benefits plan to employees, shall be set to encourage longevity of cov- TIONS NATIONWIDE (OPTION) ACT OF 2000— annuitants, and members of family. erage. SUMMARY ‘‘(b)(1) The Office may waive the require- ‘‘(e) No Government contribution shall be The OPTION Act (Offering People True In- ments of this subsection, if the Office deter- made for any covered individual under this surance Options Nationwide) would expand mines, based on a petition submitted by a chapter. health insurance options for all Americans carrier that— ‘‘(f) If an individual who is enrolled in a by giving them access to the group pur- ‘‘(A) the carrier is unable to offer the ap- health benefits plan under this chapter ter- chasing power and same range of private plicable health benefits plan because of a minates the enrollment, the individual shall health insurance plans available to Members limitation in the capacity of the plan to de- not be eligible for reenrollment until the of Congress and other federal employees. liver services or assure financial solvency; first open enrollment period following 6 Under the OPTION Act: ‘‘(B) the applicable health benefits plan is months after the date of such termination. All Americans would be eligible to enroll not sponsored by a carrier licensed under ap- ‘‘§ 9056. Coordination with social security in OPTION health plans nearly identical to plicable State law; or benefits the health plans from which federal employ- ‘‘(C) bona fide enrollment restrictions ees currently choose through the Federal make the application of this chapter inap- ‘‘Benefits under this chapter shall, with re- Employees Health Benefits Program propriate, including restrictions common to spect to an individual who is entitled to ben- (FEHBP). plans which are limited to individuals hav- efits under part A of title XVIII of the Social All FEHBP health plans would be required ing a past or current employment relation- Security Act, be offered (for use in coordina- to offer an OPTION health plan to non-fed- ship with a particular agency or other au- tion with those social security benefits) to eral employees with the same benefits as thority of the Government. the same extent and in the same manner as they offer federal employees through FEHBP ‘‘(2) The Office may require a petition if coverage were under chapter 89. under this subsection to include— ‘‘§ 9057. Non-Federal employer participation (with the exception of plans designated for a specific federal agency such as the foreign ‘‘(A) a description of the efforts the carrier ‘‘(a) In this section the term— proposes to take in order to offer the appli- service and plans that apply for and receive ‘‘(1) ‘employee’, notwithstanding section an exemption due to special circumstances). cable health benefits plan under this chap- 9051, means an employee of a non-Federal ter; and OPTION enrollees would be placed in a sep- employer; and arate risk pool, to prevent any effect on cur- ‘‘(B) the proposed date for offering such a ‘‘(2) ‘non-Federal employer’ means an em- health benefits plan. rent FEHBP employees. ployer that is not the Federal Government. The OPTION Act would not result in any ‘‘(3) A waiver under this subsection may be ‘‘(b)(1) The Office shall prescribe regula- for any period determined by the Office. The changes in the premiums, copayments, tions providing for non-Federal employer deductibles, or benefits of FEHBP health Office may grant subsequent waivers under participation under this chapter, including— this section. plans, to avoid any adverse effect on the cur- ‘‘(A) the offering of health benefits plans rent FEHBP coverage of federal employees ‘‘§ 9054. Eligibility under this chapter to employees through and annuitants and their families. ‘‘An individual shall be eligible to enroll in participating non-Federal employers; and All employers would have the option of a plan under this chapter, unless the indi- ‘‘(B) a requirement for participating non- voluntarily participating in the OPTION pro- vidual is enrolled or eligible to enroll in a Federal employer contributions to the pay- gram and providing OPTION health plans to plan under chapter 89. ment of premiums for employees who enroll their employees. To be eligible, a business ‘‘§ 9055. Alternative conditions to Federal em- in a health benefits plan under this chapter. would have to be willing to pay at least a ‘‘(2) A participating non-Federal employer ployee plans minimum percentage of the premiums for its shall pay an employer contribution for the ‘‘(a) For purposes of enrollment in a health employees, with the amount varying depend- premiums of an employee or other applicable benefits plan under this chapter, an indi- ing on the size of the business. A small busi- covered individual as follows: vidual who had coverage under a health in- ness with 3–25 employees would have to pay ‘‘(A) A non-Federal employer that employs surance plan and is not a qualified bene- at least 30% of the premium for its employ- not more than 2 employees shall not be re- ficiary as defined under section 4980B(g)(1) of ees, a larger business with 26–50 employees quired to pay an employer contribution. the Internal Revenue Code of 1986 shall be would have to pay at least 40%, and a busi- ‘‘(B) A non-Federal employer that employs treated in a similar manner as an individual ness with more than 50 employees would more than 2 and not more than 25 employees who begins employment as an employee have to pay at least 50%. Employers would shall pay not less than 30 percent of the total under chapter 89. be offered an incentive to begin enrolling premiums. ‘‘(b) In the administration of this chapter, their employees by allowing them to pay as ‘‘(C) A non-Federal employer that employs covered individuals under this chapter shall little as 20% of the premium for the first more than 25 and not more than 50 employ- be in a risk pool separate from covered indi- year only. This innovative employer option ees shall pay not less than 40 percent of the viduals under chapter 89. would encourage employer health coverage ‘‘(c)(1) Each contract under this chapter total premiums. rather than shifting coverage away from the may include a preexisting condition exclu- ‘‘(D) A non-Federal employer that employs private sector. Employer participation would sion as defined under section 9801(b)(1) of the more than 50 employees shall pay not less be entirely voluntary. Internal Revenue Code of 1986. than 50 percent of the total premiums. Under the OPTION Act, premiums would ‘‘(2)(A) The preexisting condition exclusion ‘‘(3) Notwithstanding paragraph (2) (B), (C), not be government-subsidized. Enrollees, and under this subsection shall provide for cov- or (D), a non-Federal employer that employs those employers who choose to participate, erage of a preexisting condition to begin not more than 2 employees shall pay not less would be responsible for the cost of the pre- more than 1 year after the date of coverage than 20 percent of the total premiums with miums. (Senator Durbin supports and has of- of an individual under a health benefits plan, respect to the first year in which that em- fered separate legislation to provide finan- reduced by 1 month for each month that in- ployer participates under this chapter.’’. cial assistance to those who cannot afford dividual was covered under a health insur- SEC. 3. TECHNICAL AND CONFORMING AMEND- ance plan immediately preceding the date health insurance but is offering this measure MENTS. on its own to focus specifically on expanding the individual submitted an application for (a) CONTRACT REQUIREMENT UNDER CHAP- coverage under this chapter. health coverage options and encouraging TER 89.—Section 8902 of title 5, United States businesses to provide coverage.) ‘‘(B) For purposes of this paragraph, a Code, is amended by adding after subsection lapse in coverage of not more than 31 days One of the few differences from FEHBP is (o) the following: that OPTION plans would be allowed to vary immediately preceding the date of the sub- ‘‘(p) Each contract under this chapter shall mission of an application for coverage shall premiums by age, so that younger enrollees include a provision that the carrier shall not be considered a lapse in continuous cov- would be more likely to enroll. offer any health benefits plan as required erage. OPTION plans also would be required to ‘‘(d)(1) Rates charged and premiums paid under chapter 90A.’’. offer rebates or lower premiums to encour- (b) TABLE OF CHAPTERS.—The table of for a health benefits plan under this chap- age and reward longevity of health coverage. chapters for part III of title 5, United States ter— This would create an incentive for people to Code, is amended by inserting after the item ‘‘(A) may be adjusted and differ from such sign up when they are young and maintain relating to chapter 90 the following: rates charged and premiums paid for the continuous coverage. same health benefits plan offered under ‘‘90A. Health Insurance for Non-Fed- OPTION health plans would not be allowed chapter 89; eral Employees ...... 9051’’. to impose any preexisting condition exclu- ‘‘(B) shall be negotiated in the same man- SEC. 4. EFFECTIVE DATE. sions on new OPTION enrollees who have at ner as negotiated under chapter 89; and This Act and the amendments made by least one year of health insurance coverage ‘‘(C) shall be adjusted to cover the adminis- this Act shall take effect on the date of en- immediately prior to enrollment in an OP- trative costs of this chapter. actment of this Act and shall apply to con- TION plan. To prevent people from waiting

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.117 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11929 until they get sick to enroll, health plans The law also excludes certain prod- ease, emphysema and other serious dis- would be allowed to exclude coverage for pre- ucts in order to promote congruence eases in smokers. Smokers are far existing conditions for up to one year for with other federal government policies. more likely to develop serious diseases, people without coverage immediately prior to enrollment (reduced by one month for For example, there are exclusions re- like lung cancer, than non-smokers. each month of immediately previous cov- lating to items subject to the Export There is no ‘safe’ cigarette. These are erage). OPTION enrollees who terminate Administration Act, which prohibits or and have been the messages of public their coverage mid-year would have to wait severely restricts export of certain ci- health authorities worldwide. Smokers to re-join until the next annual open season vilian goods and technology that have and potential smokers should rely on that is at least six months after the date of military applications. Similarly, we these messages in making all smoking- termination. People who lost their previous health cov- should not be subsidizing tobacco prod- related decisions.’’ erage and are not eligible for COBRA would ucts that are sold overseas while at the It is about time that the tobacco be allowed to enroll in an OPTION plan at same time trying to cut smoking rates companies faced up to the fact that the start of the next month, just as newly in the U.S. Our trade and health prior- their products are harmful and highly hired federal employees can enroll in ities should be on the same page. addictive. In the U.S. alone, smoking FEHBP. The biggest tobacco companies in causes more than 400,000 deaths and The benefits provided by OPTION plans America currently benefit handsomely would be the same as the benefits in the cor- costs more than $72 billion in health responding FEHBP plans. (Current FEHBP from the Foreign Sales Corporation tax care costs every year. benefits include inpatient/outpatient hos- break and will benefit from the We should not be subsidizing such an pital care; physician services; surgical serv- Extraterritorial Income Exclusion tax inherently dangerous product that is ices; diagnostic tests; and emergency care; as break. The latest available data from being promoted and marketed so irre- well as child immunizations; certain cancer the Statistics of Income Division at sponsibly here and around the world. screening tests, including mammography; the Internal Revenue Service show to- prescription drugs, including contraceptives; With its devastating health effects, to- mental health and substance abuse treat- bacco products sold through 10 Foreign bacco should not enjoy the same tax- ment benefits with parity for mental and Sales Corporations for domestic to- payer-subsidized federal assistance as physical health; organ transplantation; and bacco manufacturers accounted for other products. a 48-hour minimum inpatient stay for child- about $100 million in lost tax revenue It’s time to take another step toward birth and mastectomies.) in 1996. There is no justification for bringing our nation’s tax and trade pri- The OPTION program would be adminis- compelling American taxpayers to sup- tered by the Office of Personnel Management orities in line with our clear under- (OPM), which administers the FEHBP pro- port a $100 million tax subsidy annu- standing of the health dangers of to- gram, and would generally follow the rules ally for the benefit of U.S. tobacco bacco. My legislation simply adds one for FEHBP. For example, OPM would con- companies. additional category to the list of prod- duct the same annual open season for enroll- Since 1990, while Philip Morris’s sales ucts excluded from the special tax ment and would negotiate premiums and have grown minimally in the U.S., they treatment in the FSC Repeal and benefits with OPTION health plans as it does have grown by 80 percent abroad. with FEHBP plans. OPM has developed con- Extraterritorial Income Exclusion Act Smoking currently causes more than of 2000, which was recently signed into siderable expertise in negotiating and work- 3.5 million deaths each year through- ing with health plans and has shown that it law by the President. It shifts tobacco can run a health program well at a minimum out the world. Within 20 years, that from being promoted by this tax ben- of cost. Its expenses are currently limited to number is expected to rise to 10 mil- efit to being excluded from this tax no more than one percent of the total pre- lion, with 70 percent of all deaths from benefit. miums for the FEHBP program. Rather than smoking occurring in developing coun- In my legislation, tobacco is defined reinventing the wheel, we can build on tries. Tobacco will soon be the leading as it is defined in Section 5702(c) of the OPM’s expertise to extend the same health cause of disease and premature death insurance options to all Americans. Internal Revenue Code, so it includes worldwide—surpassing communicable Once it is up and running, the program cigars, cigarettes, smokeless tobacco, diseases such as AIDS, malaria, and tu- would pay for itself. Administrative costs and pipe tobacco. It does not apply to would be covered from a portion of the OP- berculosis. TION premiums. American taxpayers should not be raw tobacco, so this legislation will not partners in this export of disease and affect tobacco farmers’ ability to sell By Mr. DURBIN: death where the result is more children their product abroad. S. 3285. A bill to amend the Internal around the globe smoking and more Is it fair to exclude a legal product Revenue Code of 1986 to exclude to- people getting sick and dying. from this tax benefit? Absolutely! To- bacco products from qualifying foreign While it is true that tobacco compa- bacco companies spend over $5 billion trade property in the treatment of nies are not receiving any special each year—that’s nearly $14 million extraterritorial income; to the Com- treatment that other corporations every day—in the U.S. alone to pro- mittee on Finance. don’t get under the old FSC law or its mote their products in order to replace STOP GIVING SPECIAL TAX BREAKS TO TOBACCO recent replacement, we must remember the thousands of customers who either Mr. DURBIN. Mr. President, today I that tobacco companies are not like die or quit using tobacco products each am introducing legislation to exclude any other company. Internal tobacco day. In other countries, U.S. tobacco tobacco from the Extraterritorial In- industry documents have established companies advertise their products come Exclusion tax benefit, which has that, starting as early as the 1950s, cig- near schools and in video-game ar- replaced the Foreign Sales Corporation arette companies intentionally with- cades. They also use children in other tax benefit. countries to peddle their products. This tax provision provides tax bene- held information about smoking, in- cluding scientific research about its Street lights with the Camel logo have fits to a variety of companies, includ- been installed in Bucharest, Romania. ing many in Illinois, and I understand risks; made false and misleading state- ments about the harm of tobacco prod- Toy cars with the Camel insignia are how important it is to them. But one sold to children in Buenos Aires. Chil- product should be clearly, in law, ex- ucts; attacked research findings de- spite knowing that the research was dren’s tatoos sporting the Salem logo cluded from this benefit, and it is the are distributed in Hong Kong. Arcade one product which kills its user when valid; failed to take steps to make games in the Philippines are plastered used according to the manufacturer’s their products safer; and marketed with the Marlboro label. directions—tobacco. their products to children and youth. The FSC replacement law already As a matter of fact, Philip Morris re- I urge my colleagues to send a mes- contains several exclusions from its cently posted a statement on its sage to U.S. tobacco companies as well benefits. Oil, gas, and other primary website agreeing that smoking is as the next Administration to take the products are excluded to help ensure harmful to your health and that there logical next step and make changes in that natural resources in the United is no such thing as a safe or safer ciga- the way tobacco products are sold and States are not depleted. rette. The statement says, ‘‘We agree regulated to reflect the magnitude of Unprocessed timber is excluded in with the overwhelming medical and the danger. order to ensure no displacement of U.S. scientific consensus that cigarette The tobacco prevention agenda has jobs. smoking causes lung cancer, heart dis- been stalled in this Congress for far too

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.119 pfrm04 PsN: S15PT2 S11930 CONGRESSIONAL RECORD — SENATE December 15, 2000 long. Let’s work together, in a bipar- of the Federal ownership of these SECTION 1. SHORT TITLE. tisan fashion, to stop marketing to- lands. This Act may be cited as the ‘‘PILT and bacco products to children, to regulate Federal ownership of lands in the Refuge Revenue Sharing Permanent Funding tobacco products in a sensible way, and American West, in states like New Act’’. Mexico, does not come without its SEC. 2. PERMANENT FUNDING FOR PILT AND to adopt larger and clearer warning la- REFUGE REVENUE SHARING. bels commensurate with the risks of share of burdens for local governments. (a) PAYMENTS IN LIEU OF TAXES.—Section tobacco products. Let’s take a close If there is a fire or other emergency, 6906 of title 31, United States Code, is amend- look at all the forms of tobacco, in- they must help respond. If there is in- ed to read as follows: cluding the new fad of bidis and the re- creased traffic to and from the site, ‘‘There is authorized to be appropriated surgent use of cigars. They all have ad- they must maintain the public roads such sums as may be necessary to the Sec- dictive levels of nicotine and deadly that provide the necessary access to retary of the Interior to carry out this chap- levels of carcinogens. It’s time to put the public. In enacting the original au- ter. Beginning in fiscal year 2002 and each year thereafter, amounts authorized under people’s health ahead of tobacco com- thorizing legislation, Congress decided this chapter shall be made available to the pany profits. that, as a matter of policy, it was ap- Secretary of the Interior, out of any other Mr. President, I urge my colleagues propriate for the Federal Government funds in the Treasury not otherwise appro- to join me in cosponsoring this impor- to bear a fair share in paying for these priated and without further appropriation, tant legislation, to end the contradic- costs, in lieu of the taxes that would be for obligation or expenditure in accordance tion of using the tax code to continue levied on any private landowner in with this chapter.’’. to enrich U.S. tobacco companies, these localities. (b) REFUGE REVENUE SHARING.—Section which export products that addict chil- But in setting up these programs, 401(d) of the Act of June 15, 1935, as amended Congress decided to make them subject (16 U.S.C. 715s(d)) (relating to refuge revenue dren abroad to nicotine and push them sharing), is amended by adding at the end down a path to disease and death. to annual appropriations, either par- thereof: I ask unanimous consent that a copy tially (in the case of Refuge Revenue ‘‘Beginning in fiscal year 2002 and each of the legislation be printed in the CON- Sharing) or completely (in the case of year thereafter, such amount shall be made GRESSIONAL RECORD. PILT). In retrospect, this was a mis- available to the Secretary, out of any other There being no objection, the bill was take. The annual appropriations proc- funds in the Treasury not otherwise appro- ordered to be printed in the RECORD, as ess has never come even close to pro- priated and without further appropriation, follows: viding the funds agreed upon by the un- for obligation or expenditure in accordance with this section.’’. S. 3285 derlying authorizing law. Moreover, f Be it enacted by the Senate and House of Rep- the amount made available has resentatives of the United States of America in changed significantly from one year to ADDITIONAL COSPONSORS Congress assembled, the next, frustrating the ability of lo- S. 741 SECTION 1. EXCLUSION OF TOBACCO PRODUCTS calities to plan effectively for the use FROM QUALIFYING FOREIGN TRADE At the request of Mr. GRAHAM, the of these funds. Many of the burdens name of the Senator from South Da- PROPERTY. they face as a result of Federal land (a) IN GENERAL.—Section 943(a)(3) of the In- kota (Mr. JOHNSON) was added as a co- ternal Revenue Code of 1986 (relating to ex- ownership require expenditures and sponsor of S. 741, a bill to provide for cluded property) is amended by striking ‘‘or’’ commitments that are long-term. If pension reform, and for other purposes. at the end of subparagraph (D), by striking you want to have a reasonable system S. 2718 the period at the end of subparagraph (E) and of country roads, you need to have a inserting ‘‘, and’’, and by inserting after sub- consistent multi-year plan. If you want At the request of Mr. SMITH of New paragraph (E) the following new subpara- adequate fire protection, you can’t be Hampshire, the name of the Senator graph: hiring a dozen new firefighters in one from Montana (Mr. BURNS) was added ‘‘(F) any tobacco products (as defined in year and firing them the next, as ap- as a cosponsor of S. 2718, a bill to section 5702(c)).’’. amend the Internal Revenue Code of (b) EFFECTIVE DATE.—The amendments propriation levels gyrate up and down. The Federal Government needs to be 1986 to provide incentives to introduce made by this section shall take effect as if new technologies to reduce energy con- included in the amendment made by section a better neighbor and a more reliable 3(b) of the FSC Repeal and Extraterritorial partner to local governments in the sumption in buildings. Income Exclusion Act of 2000. rural West. Since the system of meet- S. 3250 ing our obligations to these localities At the request of Mr. BROWNBACK, the Mr. BINGAMAN (for himself, Mr. through the annual appropriations name of the Senator from Mississippi DASCHLE, and Mr. BAUCUS): process has not worked, I am proposing (Mr. COCHRAN) was added as a cospon- S. 3286. A bill to provide permanent that we start treating our payments in sor of S. 3250, a bill to provide for a funding for the Bureau of Land Man- lieu of taxes in the same way that we United States response in the event of agement Payment in Lieu of Taxes pro- account for incoming tax revenues to a unilateral declaration of a Pales- gram and for other purposes; to the the Federal Government—on the man- tinian state. Committee on Energy and Natural Re- datory side of the Federal ledger. By f sources. making the funding for these crucial SENATE CONCURRENT RESOLU- PILT AND REFUGE REVENUE SHARING programs full and permanent, we will TION 162—TO DIRECT THE CLERK PERMANENT FUNDING ACT be keeping the commitments to rural Mr. BINGAMAN. Mr. President, the OF THE HOUSE OF REPRESENTA- communities throughout the West TIVES TO MAKE A CORRECTION bill I am introducing today, the PILT made in the original PILT and Refuge and Refuge Revenue Sharing Perma- IN THE ENROLLMENT OF H.R. Revenue Sharing authorizing legisla- 4577 nent Funding Act, deals with an issue tion. It’s a matter of simple justice to that I believe must be addressed in the rural communities. I hope that enact- Mr. STEVENS (for himelf and Mr. next Congress. The bill is a measure to ing legislation along the lines of what BYRD) submitted the following concur- make permanent funding for two im- I am proposing today will receive high rent resolution; which was considered portant programs managed by the De- priority in the next Congress. and agreed to: partment of the Interior: the Payment Mr. President, I ask unanimous con- S. CON. RES. 162 in Lieu of Taxes Program (or PILT) in sent that the text of this bill be printed Resolved by the Senate (the House of Rep- the Bureau of Land Management and in the RECORD following this resentatives concurring), That the Clerk of the the Refuge Revenue Sharing Program statement. House of Representatives, in the enrollment in the Fish and Wildlife Service. These There being no objection, the bill was of the bill (H.R. 4577), making appropriations for the Departments of Labor, Health and programs provide support to local gov- ordered to be printed in the RECORD, as ernments in areas in which these two Human Services, and Education, and related follows: agencies for the fiscal year ending Sep- agencies hold land. Under the author- S. 3286 tember 2001, and for other purposes, shall izations for these programs, the funds Be it enacted by the Senate and House of Rep- make the following correction: are to be provided as an offset to the resentatives of the United States of America in In section 1(a)(4), before the period at the local property tax base lost by virtue Congress assembled, end, insert the following: ‘‘, except that the

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.133 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11931 text of H.R. 5666, as so enacted, shall not in- ity Leader, the Senator from Mississippi, the (2) extends its deepest sympathies to her clude section 123 (relating to the enactment Honorable Trent Lott, for his exemplary daughter Nora and son Henry. of H.R. 4904)’’. leadership and the cooperative and dedicated f f manner in which he has performed his lead- ership responsibilities in the conduct of Sen- AMENDMENTS SUBMITTED SENATE RESOLUTION 388—TEN- ate business during the second session of the DERING THE THANKS OF THE 106th Congress. SENATE TO THE PRESIDENT PRO f DILLONWOOD GIANT SEQUOIA TEMPORE FOR THE COURTEOUS, GROVE PARK EXPANSION ACT DIGNIFIED, AND IMPARTIAL SENATE RESOLUTION 392—TEN- MANNER IN WHICH HE HAS PRE- DERING THE THANKS OF THE SIDED OVER THE DELIBERA- SENATE TO THE SENATE STAFF MURKOWSKI (AND BINGAMAN) TIONS OF THE SENATE FOR THE COURTEOUS, DIG- AMENDMENT NO. 4365 NIFIED, AND IMPARTIAL MAN- Mr. DOMENICI (for Mr. MURKOWSKI Mr. LOTT (for himself, Mr. DASCHLE, NER IN WHICH THEY HAVE AS- (for himself and Mr. BINGAMAN)) pro- Mr. NICKLES, and Mr. REID) submitted the following resolution; which was SISTED THE DELIBERATIONS OF posed an amendment to the bill (H.R. considered and agreed to: THE SENATE. 4020) to authorize an expansion of the boundaries of Sequoia National Park to S. RES. 388 Mr. LOTT (for himself, Mr. DASCHLE, include Dillonwood Giant Sequoia Resolved, That the thanks of the Senate are Mr. NICKLES, and Mr. REID) submitted hereby tendered to the Honorable Strom the following resolution; which was Grove; as follows: Thurmond, President pro tempore of the considered and agreed to: Strike all after the enacting clause and in- sert the following: Senate, for the courteous, dignified, and im- S. RES. 392 partial manner in which he has presided over SECTION 1. ADDITION TO SEQUOIA NATIONAL its deliberations during the second session of Resolved, That the thanks of the Senate are PARK. hereby tendered to the Secretary of the Sen- the One Hundred Sixth Congress. (a) IN GENERAL.—As soon as practicable ate, the Sergeant at Arms of the Senate, the f after the date of enactment of this Act, the Secretary for the Majority, the Secretary for Secretary of the Interior shall acquire by do- SENATE RESOLUTION 389—TEN- the Minority, and the floor staff of the two nation, purchase with donated or appro- DERING THE THANKS OF THE parties for the courteous, dignified, and im- priated funds, or exchange, all interest in SENATE TO THE VICE PRESI- partial manner in which they have assisted and to the land described in subsection (b) the deliberations of the Senate during the for addition to Sequoia National Park, Cali- DENT FOR THE COURTEOUS, DIG- second session of the One Hundred Sixth NIFIED, AND IMPARTIAL MAN- fornia. Congress. (b) LAND ACQUIRED.—The land referred to NER IN WHICH HE HAS PRE- f in subsection (a) is the land depicted on the SIDED OVER THE DELIBERA- map entitled ‘‘Dillonwood’’, numbered 102/ TIONS OF THE SENATE SENATE RESOLUTION 393—COM- 80,044, and dated September 1999. Mr. LOTT (for himself, Mr. DASCHLE, MEMORATING THE LIFE OF (c) ADDITION TO PARK.—Upon acquisition of the land under subsection (a)— Mr. NICKLES, and Mr. REID) submitted GWENDOLYN BROOKS OF CHI- CAGO, ILLINOIS. (1) the Secretary of the Interior shall— the following resolution; which was (A) modify the boundaries of Sequoia Na- considered and agreed to: Mr. DURBIN (for himself and Mr. tional Park to include the land within the S. RES. 389 FITZGERALD) submitted the following park; and. Resolved, That the thanks of the Senate are resolution; which was considered and (B) administer the land as part of Sequoia hereby tendered to the Honorable Al Gore, agreed to: National Park in accordance with all appli- Vice President of the United States and cable laws; and. S. RES. 393 President of the Senate, for the courteous, (2) The Secretary of Agriculture shall mod- dignified, and impartial manner in which he Whereas Gwendolyn Brooks was born in ify the boundaries of the Sequoia National has presided over its deliberations during the Topeka, Kansas, on June 7, 1917, and moved Forest to exclude the land from the forest second session of the One Hundred Sixth one month thereafter to the South Side of boundaries. Congress. Chicago; Whereas Gwendolyn Brooks was educated f PUBLIC SAFETY OFFICER MEDAL in the Chicago public school system, grad- OF VALOR ACT OF 1999 SENATE RESOLUTION 390—TO COM- uating from Englewood High School in 1934; MEND THE EXEMPLARY LEAD- Whereas Gwendolyn Brooks was the author ERSHIP OF THE DEMOCRATIC of over twenty works of poetry spanning 46 years; HATCH AMENDMENT NO. 4366 LEADER. Whereas Gwendolyn Brooks in 1950 became Mr. STEVENS (for Mr. HATCH) pro- Mr. LOTT (for himself, Mr. NICKLES, the first African-American woman to win the posed an amendment to the bill (H.R. and Mr. REID) submitted the following Pulitzer Prize for poetry with her publica- 46) to provide for a national medal for tion, Annie Allen; resolution; which was considered and public safety officers who act with ex- agreed to: Whereas Gwendolyn Brooks was showered with numerous other accolades as a poet and traordinary valor above and beyond the S. RES. 390 artist, including a lifetime achievement call of duty; as follows: Resolved, That the thanks of the Senate are award from the National Endowment for the Strike all after the enacting clause and in- hereby tendered to the distinguished Demo- Arts; sert the following: cratic Leader, the Senator from South Da- Whereas Gwendolyn Brooks has been poet kota, the Honorable Thomas A. Daschle, for TITLE I—PUBLIC SAFETY MEDAL OF laureate of Illinois since 1968, succeeding the VALOR his exemplary leadership and the cooperative late Carl Sandburg; and dedicated manner in which he has per- Whereas Gwendolyn Brooks leveraged her SECTION 101. SHORT TITLE. formed his leadership responsibilities in the prestige as Illinois poet laureate to inspire This title may be cited as the ‘‘Public conduct of Senate business during the second young writers, establishing the Illinois Poet Safety Officer Medal of Valor Act of 2000’’. session of the 106th Congress. Laureate Awards in 1969 to encourage ele- SEC. 102. AUTHORIZATION OF MEDAL. f mentary and high school students to write; After September 1, 2001, the President may award, and present in the name of Congress, SENATE RESOLUTION 391—TO COM- Whereas Gwendolyn Brooks taught future poets and writers at the University of Wis- a Medal of Valor of appropriate design, with MEND THE EXEMPLARY LEAD- consin-Madison, the City College of New ribbons and appurtenances, to a public safety ERSHIP OF THE MAJORITY York, Columbia College of Chicago, North- officer who is cited by the Attorney General, LEADER. eastern Illinois University, Elmhurst Col- upon the recommendation of the Medal of Valor Review Board, for extraordinary valor Mr. DASCHLE (for himself, Mr. NICK- lege, and Chicago State University; Now, therefore, be it above and beyond the call of duty. The Pub- LES, and Mr. REID) submitted the fol- Resolved, That the Senate— lic Safety Medal of Valor shall be the highest lowing resolution; which was consid- (1) commemorates the life of Gwendolyn national award for valor by a public safety ered and agreed to: Brooks and celebrates the accomplishments officer. S. RES. 391 she made not just to the State of Illinois, SEC. 103. MEDAL OF VALOR BOARD. Resolved, That the thanks of the Senate are but to the entire United States of America (a) ESTABLISHMENT OF BOARD.—There is es- hereby tendered to the distinguished Major- as a poet and artist; and tablished a Medal of Valor Review Board

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.123 pfrm04 PsN: S15PT2 S11932 CONGRESSIONAL RECORD — SENATE December 15, 2000 (hereinafter in this title referred to as the ing law enforcement investigation or is oth- TITLE II—COMPUTER CRIME ‘‘Board’’), which shall be composed of 11 erwise required by law to be kept confiden- ENFORCEMENT members appointed in accordance with sub- tial. SEC. 201. SHORT TITLE. section (b) and shall conduct its business in SEC. 104. BOARD PERSONNEL MATTERS. This title may be cited as the ‘‘Computer accordance with this title. (a) COMPENSATION OF MEMBERS.—(1) Except Crime Enforcement Act’’. (b) MEMBERSHIP.— as provided in paragraph (2), each member of SEC. 202. STATE GRANT PROGRAM FOR TRAINING (1) MEMBERS.—The members of the Board the Board shall be compensated at a rate AND PROSECUTION OF COMPUTER shall be individuals with knowledge or exper- equal to the daily equivalent of the annual CRIMES. tise, whether by experience or training, in rate of basic pay prescribed for level IV of (a) IN GENERAL.—Subject to the avail- the field of public safety, of which— the Executive Schedule under section 5315 of ability of amounts provided in advance in ap- (A) two shall be appointed by the majority title 5, United States Code, for each day (in- propriations Acts, the Office of Justice Pro- leader of the Senate; cluding travel time) during which such mem- grams shall make a grant to each State, (B) two shall be appointed by the minority ber is engaged in the performance of the du- which shall be used by the State, in conjunc- leader of the Senate; ties of the Board. tion with units of local government, State (C) two shall be appointed by the Speaker (2) All members of the Board who serve as and local courts, other States, or combina- of the House of Representatives; officers or employees of the United States, a tions thereof, to— (D) two shall be appointed by the minority State, or a local government, shall serve (1) assist State and local law enforcement leader of the House of Representatives; and without compensation in addition to that re- in enforcing State and local criminal laws (E) three shall be appointed by the Presi- ceived for those services. relating to computer crime; dent, including one with experience in fire- (b) TRAVEL EXPENSES.—The members of (2) assist State and local law enforcement fighting, one with experience in law enforce- the Board shall be allowed travel expenses, in educating the public to prevent and iden- ment, and one with experience in emergency including per diem in lieu of subsistence, at tify computer crime; services. rates authorized for employees of agencies (3) assist in educating and training State (2) TERM.—The term of a Board member under subchapter I of chapter 57 of title 5, and local law enforcement officers and pros- shall be 4 years. United States Code, while away from their ecutors to conduct investigations and foren- (3) VACANCIES.—Any vacancy in the mem- homes or regular places of business in the sic analyses of evidence and prosecutions of bership of the Board shall not affect the pow- performance of service for the Board. computer crime; ers of the Board and shall be filled in the SEC. 105. DEFINITIONS. (4) assist State and local law enforcement same manner as the original appointment. In this title: officers and prosecutors in acquiring com- (4) OPERATION OF THE BOARD.— (1) PUBLIC SAFETY OFFICER.—The term puter and other equipment to conduct inves- (A) CHAIRMAN.—The Chairman of the Board ‘‘public safety officer’’ means a person serv- tigations and forensic analysis of evidence of shall be elected by the members of the Board ing a public agency, with or without com- computer crimes; and from among the members of the Board. pensation, as a firefighter, law enforcement (5) facilitate and promote the sharing of (B) MEETINGS.—The initial meeting of the officer, or emergency services officer, as de- Federal law enforcement expertise and infor- Board shall be conducted within 90 days of termined by the Attorney General. For the mation about the investigation, analysis, the appointment of the last member of the purposes of this paragraph, the term ‘‘law and prosecution of computer crimes with Board. Thereafter, the Board shall meet at enforcement officer’’ includes a person who State and local law enforcement officers and the call of the Chairman of the Board. The is a corrections or court officer or a civil de- prosecutors, including the use of multijuris- Board shall meet not less often than twice fense officer. dictional task forces. each year. (2) STATE.—The term ‘‘State’’ means each (b) USE OF GRANT AMOUNTS.—Grants under (C) VOTING AND RULES.—A majority of the of the several States of the United States, this section may be used to establish and de- members shall constitute a quorum to con- the District of Columbia, the Commonwealth velop programs to— duct business, but the Board may establish a of Puerto Rico, the Virgin Islands, Guam, (1) assist State and local law enforcement lesser quorum for conducting hearings sched- American Samoa, and the Commonwealth of in enforcing State and local criminal laws uled by the Board. The Board may establish the Northern Mariana Islands. relating to computer crime; by majority vote any other rules for the con- SEC. 106. AUTHORIZATION OF APPROPRIATIONS. (2) assist State and local law enforcement duct of the Board’s business, if such rules are There are authorized to be appropriated to in educating the public to prevent and iden- not inconsistent with this title or other ap- the Attorney General such sums as may be tify computer crime; plicable law. necessary to carry out this title. (3) educate and train State and local law (c) DUTIES.—The Board shall select can- SEC. 107. NATIONAL MEDAL OF VALOR OFFICE. enforcement officers and prosecutors to con- didates as recipients of the Medal of Valor There is established within the Depart- duct investigations and forensic analyses of from among those applications received by ment of Justice a national medal of valor of- evidence and prosecutions of computer the National Medal Office. Not more often fice. The office shall provide staff support to crime; than once each year, the Board shall present the Board to establish criteria and proce- to the Attorney General the name or names (4) assist State and local law enforcement dures for the submission of recommendations of those it recommends as Medal of Valor re- officers and prosecutors in acquiring com- of nominees for the Medal of Valor and for cipients. In a given year, the Board shall not puter and other equipment to conduct inves- the final design of the Medal of Valor. be required to select any recipients but may tigations and forensic analysis of evidence of not select more than 5 recipients. The Attor- SEC. 108. CONFORMING REPEAL. computer crimes; and ney General may in extraordinary cases in- Section 15 of the Federal Fire Prevention (5) facilitate and promote the sharing of crease the number of recipients in a given and Control Act of 1974 (15 U.S.C. 2214) is Federal law enforcement expertise and infor- year. The Board shall set an annual time- amended— mation about the investigation, analysis, table for fulfilling its duties under this title. (1) by striking subsection (a) and inserting and prosecution of computer crimes with (d) HEARINGS.— the following new subsection (a): State and local law enforcement officers and (1) IN GENERAL.—The Board may hold such ‘‘(a) ESTABLISHMENT.—There is hereby es- prosecutors, including the use of multijuris- hearings, sit and act at such times and tablished an honorary award for the recogni- dictional task forces. places, administer such oaths, take such tes- tion of outstanding and distinguished service (c) ASSURANCES.—To be eligible to receive timony, and receive such evidence as the by public safety officers to be known as the a grant under this section, a State shall pro- Board considers advisable to carry out its Secretary’s Award For Distinguished Public vide assurances to the Attorney General that duties. Safety Service (‘Secretary’s Award’).’’; the State— (2) WITNESS EXPENSES.—Witnesses re- (2) in subsection (b)— (1) has in effect laws that penalize com- quested to appear before the Board may be (A) by striking paragraph (1); and puter crime, such as penal laws prohibiting— paid the same fees as are paid to witnesses (B) by striking ‘‘(2)’’; (A) fraudulent schemes executed by means under section 1821 of title 28, United States (3) by striking subsections (c) and (d) and of a computer system or network; Code. The per diem and mileage allowances redesignating subsections (e), (f), and (g) as (B) the unlawful damaging, destroying, al- for witnesses shall be paid from funds appro- subsections (c), (d), and (e), respectively; and tering, deleting, removing of computer soft- priated to the Board. (4) in subsection (c), as so redesignated— ware, or data contained in a computer, com- (e) INFORMATION FROM FEDERAL AGEN- (A) by striking paragraph (1); and puter system, computer program, or com- CIES.—The Board may secure directly from (B) by striking ‘‘(2)’’. puter network; or any Federal department or agency such in- SEC. 109. CONSULTATION REQUIREMENT. (C) the unlawful interference with the op- formation as the Board considers necessary The Board shall consult with the Institute eration of or denial of access to a computer, to carry out its duties. Upon the request of of Heraldry within the Department of De- computer program, computer system, or the Board, the head of such department or fense regarding the design and artistry of the computer network; agency may furnish such information to the Medal of Valor. The Board may also consider (2) an assessment of the State and local re- Board. suggestions received by the Department of source needs, including criminal justice re- (f) INFORMATION TO BE KEPT CONFIDEN- Justice regarding the design of the medal, sources being devoted to the investigation TIAL.—The Board shall not disclose any in- including those made by persons not em- and enforcement of computer crime laws; formation which may compromise an ongo- ployed by the Department. and

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.128 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11933 (3) a plan for coordinating the programs ‘‘(5) To coordinate training for Federal, therance of the administration of justice, na- funded under this section with other feder- State, and local prosecutors and law enforce- tional defense, or national security;’’. ally funded technical assistant and training ment personnel on laws pertaining to com- (b) PROTECTION FROM EXTORTION.—Sub- programs, including directly funded local puter crime. section (a)(7) of that section is amended by programs such as the Local Law Enforce- ‘‘(6) To propose and comment upon legisla- striking ‘‘, firm, association, educational in- ment Block Grant program (described under tion concerning computer crime, intellectual stitution, financial institution, govern- the heading ‘‘Violent Crime Reduction Pro- property crime, encryption, electronic pri- mental entity, or other legal entity,’’. grams, State and Local Law Enforcement vacy, and electronic commerce, and con- (c) PENALTIES.—Subsection (c) of that sec- Assistance’’ of the Departments of Com- cerning the search and seizure of computers. tion is amended— merce, Justice, and State, the Judiciary, and ‘‘(7) Such other duties as the Attorney (1) in paragraph (2)— Related Agencies Appropriations Act, 1998 General may require, including duties car- (A) in subparagraph (A)— (Public Law 105–119)). ried out by the head of the Computer Crime (i) by inserting ‘‘except as provided in sub- (d) MATCHING FUNDS.—The Federal share of and Intellectual Property Section of the De- paragraph (B),’’ before ‘‘a fine’’; a grant received under this section may not partment of Justice as of the date of the en- (ii) by striking ‘‘(a)(5)(C)’’ and inserting exceed 90 percent of the costs of a program actment of the Internet Security Act of ‘‘(a)(5)(A)(iii)’’; and or proposal funded under this section unless 2000.’’. (iii) by striking ‘‘and’’ at the end; the Attorney General waives, wholly or in (2) The table of sections at the beginning of (B) in subparagraph (B), by inserting ‘‘or part, the requirements of this subsection. such chapter is amended by inserting after an attempt to commit an offense punishable (e) AUTHORIZATION OF APPROPRIATIONS.— the item relating to section 507 the following under this subparagraph,’’ after ‘‘subsection (1) IN GENERAL.—There is authorized to be new item: (a)(2),’’ in the matter preceding clause (i); appropriated to carry out this section ‘‘507a. Deputy Assistant Attorney General and $25,000,000 for each of fiscal years 2001 for Computer Crime and Intel- (C) in subparagraph (C), by striking ‘‘and’’ through 2004. lectual Property.’’. at the end; (2) LIMITATIONS.—Of the amount made (b) FIRST APPOINTMENT TO POSITION OF (2) in paragraph (3)— available to carry out this section in any fis- DEPUTY ASSISTANT ATTORNEY GENERAL.—(1) (A) by striking ‘‘, (a)(5)(A), (a)(5)(B),’’ both cal year not more than 3 percent may be The individual who holds the position of places it appears; and used by the Attorney General for salaries head of the Computer Crime and Intellectual (B) by striking ‘‘(a)(5)(C)’’ and inserting and administrative expenses. Property Section (CCIPS) of the Department ‘‘(a)(5)(A)(iii)’’; and (3) MINIMUM AMOUNT.—Unless all eligible of Justice as of the date of the enactment of (3) by adding at the end the following new applications submitted by any State or unit this title shall act as the Deputy Assistant paragraph: of local government within such State for a Attorney General for Computer Crime and ‘‘(4)(A) a fine under this title, imprison- grant under this section have been funded, Intellectual Property under section 507a of ment for not more than 10 years, or both, in such State, together with grantees within title 28, United States Code, until the Attor- the case of an offense under subsection the State (other than Indian tribes), shall be ney General appoints an individual to hold (a)(5)(A)(i), or an attempt to commit an of- allocated in each fiscal year under this sec- the position of Deputy Assistant Attorney fense punishable under this subparagraph; tion not less than 0.75 percent of the total General for Computer Crime and Intellectual ‘‘(B) a fine under this title, imprisonment amount appropriated in the fiscal year for Property under that section. for not more than 5 years, or both, in the (2) The individual first appointed as Dep- grants pursuant to this section, except that case of an offense under subsection uty Assistant Attorney General for Com- the United States Virgin Islands, American (a)(5)(A)(ii), or an attempt to commit an of- puter Crime and Intellectual Property after Samoa, Guam, and the Northern Mariana Is- fense punishable under this subparagraph; the date of the enactment of this title may lands each shall be allocated 0.25 percent. and be the individual who holds the position of (f) GRANTS TO INDIAN TRIBES.—Notwith- ‘‘(C) a fine under this title, imprisonment head of the Computer Crime and Intellectual standing any other provision of this section, for not more than 20 years, or both, in the Property Section of the Department of Jus- the Attorney General may use amounts case of an offense under subsection made available under this section to make tice as of that date. (c) AUTHORIZATION OF APPROPRIATIONS FOR (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to grants to Indian tribes for use in accordance commit an offense punishable under this sub- with this section. CCIPS.—There is hereby authorized to be ap- propriated for the Department of Justice for paragraph, that occurs after a conviction for TITLE III—INTERNET SECURITY fiscal year 2001, $5,000,000 for the Computer another offense under this section.’’. SEC. 301. SHORT TITLE. Crime and Intellectual Property Section of (d) DEFINITIONS.—Subsection (e) of that This title may be cited as the ‘‘Internet the Department for purposes of the discharge section is amended— Security Act of 2000’’. of the duties of the Deputy Assistant Attor- (1) in paragraph (2)(B), by inserting ‘‘, in- SEC. 302. DEPUTY ASSISTANT ATTORNEY GEN- ney General for Computer Crime and Intel- cluding a computer located outside the ERAL FOR COMPUTER CRIME AND lectual Property under section 507a of title United States that is used in a manner that INTELLECTUAL PROPERTY. 28, United States Code (as so added), during affects interstate or foreign commerce or (a) ESTABLISHMENT OF POSITION.—(1) Chap- that fiscal year. communication of the United States’’ before ter 31 of title 28, United States Code, is SEC. 303. DETERRENCE AND PREVENTION OF the semicolon; amended by inserting after section 507 the FRAUD, ABUSE, AND CRIMINAL ACTS (2) in paragraph (7), by striking ‘‘and’’ at following new section: IN CONNECTION WITH COMPUTERS. the end; ‘‘§ 507a. Deputy Assistant Attorney General (a) CLARIFICATION OF PROTECTION OF PRO- (3) by striking paragraph (8) and inserting for Computer Crime and Intellectual Prop- TECTED COMPUTERS.—Subsection (a)(5) of sec- the following new paragraph (8): erty tion 1030 of title 18, United States Code, is ‘‘(8) the term ‘damage’ means any impair- ‘‘(a) The Attorney General shall appoint a amended— ment to the integrity or availability of data, Deputy Assistant Attorney General for Com- (1) by inserting ‘‘(i)’’ after ‘‘(A)’’; a program, a system, or information;’’ puter Crime and Intellectual Property. (2) by redesignated subparagraphs (B) and (4) in paragraph (9), by striking the period ‘‘(b) The Deputy Assistant Attorney Gen- (C) as clauses (ii) and (iii), respectively, of at the end and inserting a semicolon; and eral shall be the head of the Computer Crime subparagraph (A); (5) by adding at the end the following new and Intellectual Property Section (CCIPS) of (3) by adding ‘‘and’’ at the end of clause paragraphs: the Department of Justice. (iii), as so redesignated; and ‘‘(10) the term ‘conviction’ shall include a ‘‘(c) The duties of the Deputy Assistant At- (4) by adding at the end the following new conviction under the law of any State for a torney General shall include the following: subparagraph: crime punishable by imprisonment for more ‘‘(1) To advise Federal prosecutors and law ‘‘(B) whose conduct described in clause (i), than 1 year, an element of which is unau- enforcement personnel regarding computer (ii), or (iii) of subparagraph (A) caused (or, in thorized access, or exceeding authorized ac- crime and intellectual property crime. the case of an attempted offense, would, if cess, to a computer; ‘‘(2) To coordinate national and inter- completed, have caused)— ‘‘(11) the term ‘loss’ means any reasonable national law enforcement activities relating ‘‘(i) loss to 1 or more persons during any 1- cost to any victim, including the cost of re- to combatting computer crime. year period (including loss resulting from a sponding to an offense, conducting a damage ‘‘(3) To provide guidance and assistance to related course of conduct affecting 1 or more assessment, and restoring the data, program, Federal, State, and local law enforcement other protected computers) aggregating at system, or information to its condition prior agencies and personnel, and appropriate for- least $5,000 in value; to the offense, and any revenue lost, cost in- eign entities, regarding responses to threats ‘‘(ii) the modification or impairment, or curred, or other consequential damages in- of computer crime and cyber-terrorism. potential modification or impairment, of the curred because of interruption of service; and ‘‘(4) To serve as the liaison of the Attorney medical examination, diagnosis, treatment, ‘‘(12) the term ‘person’ means any indi- General to the National Infrastructure Pro- or care of 1 or more individuals; vidual, firm, corporation, educational insti- tection Center (NIPC), the Department of ‘‘(iii) physical injury to any person; tution, financial institution, governmental Defense, the National Security Agency, and ‘‘(iv) a threat to public health or safety; or entity, or legal or other entity.’’. the Central Intelligence Agency on matters ‘‘(v) damage affecting a computer system (e) DAMAGES IN CIVIL ACTIONS.—Subsection relating to computer crime. used by or for a government entity in fur- (g) of that section is amended—

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.128 pfrm04 PsN: S15PT2 S11934 CONGRESSIONAL RECORD — SENATE December 15, 2000 (1) by striking the second sentence and in- (1) by inserting ‘‘(1)’’ before ‘‘When’’; in section 21(a) of the Sentencing Act of 1987, serting the following new sentences: ‘‘A suit (2) in paragraph (1), as so designated, by in- as though the authority under that Act had for a violation of this section may be serting ‘‘, and of any replicator or other de- not expired. brought only if the conduct involves one of vice or thing used to copy or produce the SEC. 309. ASSISTANCE TO FEDERAL, STATE, AND the factors enumerated in clauses (i) through computer program or other item to which LOCAL COMPUTER CRIME ENFORCE- (v) of subsection (a)(5)(B). Damages for a vio- the counterfeit labels have been affixed or MENT AND ESTABLISHMENT OF NA- lation involving only conduct described in which were intended to have had such labels TIONAL CYBER CRIME TECHNICAL SUPPORT CENTER. subsection (a)(5)(B)(i) are limited to eco- affixed’’ before the period; and (a) NATIONAL CYBER CRIME TECHNICAL SUP- nomic damages.’’; and (3) by adding at the end the following: PORT CENTER.— (2) by adding at the end the following new ‘‘(2) The forfeiture of property under this (1) CONSTRUCTION REQUIRED.—The Director section, including any seizure and disposi- sentence: ‘‘No action may be brought under of the Federal Bureau of Investigation shall tion of the property, and any related judicial this subsection for the negligent design or provide for the construction and equipping of or administrative proceeding, shall be gov- manufacture of computer hardware, com- the technical support center of the Federal erned by the provisions of section 413 (other puter software, or firmware.’’. Bureau of Investigation referred to in sec- than subsection (d) of that section) of the SEC. 304. CRIMINAL FORFEITURE FOR COM- tion 811(a)(1)(A) of the Antiterrorism and Ef- Comprehensive Drug Abuse Prevention and PUTER FRAUD AND ABUSE. fective Death Penalty Act of 1996 (Public Control Act of 1970 (21 U.S.C. 853).’’. Section 1030 of title 18, United States Code, Law 104–132; 110 Stat. 1312; 28 U.S.C. 531 (b) CONFORMING AMENDMENT.—Section 492 as amended by section 303 of this Act, is fur- note). ther amended— of such title is amended in the first undesig- (2) NAMING.—The technical support center (1) by redesignating subsection (h) as sub- nated paragraph by striking ‘‘or 1720,’’ and inserting ‘‘, 1720, or 2318’’. constructed and equipped under paragraph section (i); and (1) shall be known as the ‘‘National Cyber SEC. 308. SENTENCING DIRECTIVES FOR COM- (2) by inserting after subsection (g) the fol- Crime Technical Support Center’’. lowing new subsection (h): PUTER CRIMES. (3) FUNCTIONS.—In addition to any other ‘‘(h)(1) The court, in imposing sentence on (a) AMENDMENT OF SENTENCING GUIDELINES authorized functions, the functions of the any person convicted of a violation of this RELATING TO CERTAIN COMPUTER CRIMES.— National Cyber Crime Technical Support section, shall order, in addition to any other Pursuant to its authority under section Center shall be— sentence imposed and irrespective of any 994(p) of title 28, United States Code, the (A) to serve as a centralized technical re- provision of State law, that such person for- United States Sentencing Commission shall source for Federal, State, and local law en- feit to the United States— amend the Federal sentencing guidelines forcement and to provide technical assist- ‘‘(A) the interest of such person in any per- and, if appropriate, shall promulgate guide- ance in the investigation of computer-re- sonal property that was used or intended to lines or policy statements or amend existing policy statements to address— lated criminal activities; be used to commit or to facilitate the com- (B) to assist Federal, State, and local law mission of such violation; and (1) the potential and actual loss resulting from an offense under section 1030 of title 18, enforcement in enforcing Federal, State, and ‘‘(B) any property, whether real or per- local criminal laws relating to computer-re- United States Code (as amended by this sonal, constituting or derived from any pro- lated crime; title); ceeds that such person obtained, whether di- (C) to provide training and education for (2) the level of sophistication and planning rectly or indirectly, as a result of such viola- Federal, State, and local law enforcement involved in such an offense; tion. personnel regarding investigative tech- (3) the growing incidence of offenses under ‘‘(2) The criminal forfeiture of property nologies and forensic analyses pertaining to such subsections and the need to provide an under this subsection, any seizure and dis- computer-related crime; effective deterrent against such offenses; position thereof, and any administrative or (D) to conduct research and to develop (4) whether or not such an offense was judicial proceeding relating thereto, shall be technologies for assistance in investigations committed for purposes of commercial ad- governed by the provisions of section 413 of and forensic analyses of evidence related to the Comprehensive Drug Abuse Prevention vantage or private financial benefit; computer-related crimes; and Control Act of 1970 (21 U.S.C. 853), except (5) whether or not the defendant involved a (E) to facilitate and promote efficiencies in subsection (d) of that section.’’. juvenile in the commission of such an of- the sharing of Federal law enforcement ex- SEC. 305. ENHANCED COORDINATION OF FED- fense; pertise, investigative technologies, and fo- ERAL AGENCIES. (6) whether or not the defendant acted with rensic analysis pertaining to computer-re- Subsection (d) of section 1030 of title 18, malicious intent to cause harm in commit- lated crime with State and local law enforce- United States Code, is amended to read as ting such an offense; ment personnel, prosecutors, regional com- follows: (7) the extent to which such an offense vio- puter forensic laboratories, and multijuris- ‘‘(d)(1) The United States Secret Service lated the privacy rights of individuals shall, in addition to any other agency having dictional computer crime task forces; and harmed by the offense; and (F) to carry out such other activities as such authority, have the authority to inves- (8) any other factor the Commission con- tigate offenses under this section relating to the Director considers appropriate. siders appropriate in connection with any (b) DEVELOPMENT AND SUPPORT OF COM- its jurisdiction under section 3056 of this amendments made by this title with regard PUTER FORENSIC ACTIVITIES.—The Director title and other statutory authorities. Such to such subsections. shall, in consultation with the heads of other authority of the United States Secret Serv- (b) AMENDMENT OF SENTENCING GUIDELINES Federal law enforcement agencies, take ap- ice shall be exercised in accordance with an RELATING TO CERTAIN COMPUTER FRAUD AND propriate actions to develop at least 10 re- agreement which shall be entered into by the ABUSE.—Pursuant to its authority under sec- gional computer forensic laboratories, and to Secretary of the Treasury and the Attorney tion 994(p) of title 28, United States Code, the provide support, education, and assistance General. United States Sentencing Commission shall for existing computer forensic laboratories, ‘‘(2) The Federal Bureau of Investigation amend the Federal sentencing guidelines to in order that such computer forensic labora- shall have primary authority to investigate ensure that any individual convicted of a tories have the capability— offenses under subsection (a)(1) for any cases violation of section 1030(a)(5)(A)(ii) or (1) to provide forensic examinations with involving espionage, foreign counterintel- 1030(a)(5)(A)(iii) of title 18, United States respect to seized or intercepted computer ligence, information protected against unau- Code (as amended by section 303 of this Act), evidence relating to criminal activity; thorized disclosure for reasons of national can be subjected to appropriate penalties, (2) to provide training and education for defense or foreign relations, or Restricted without regard to any mandatory minimum Federal, State, and local law enforcement Data (as that term is defined in section 11 y. term of imprisonment. personnel and prosecutors regarding inves- of the Atomic Energy Act of 1954 (42 U.S.C. (c) AMENDMENT OF SENTENCING GUIDELINES tigations, forensic analyses, and prosecu- 2014(y)), except for offenses affecting the du- RELATING TO USE OF ENCRYPTION.—Pursuant tions of computer-related crime; ties of the United States Secret Service pur- to its authority under section 994(p) of title (3) to assist Federal, State, and local law suant to section 3056(a) of this title.’’. 28, United States Code, the United States enforcement in enforcing Federal, State, and SEC. 306. ADDITIONAL DEFENSE TO CIVIL AC- Sentencing Commission shall amend the local criminal laws relating to computer-re- TIONS RELATING TO PRESERVING Federal sentencing guidelines and, if appro- RECORDS IN RESPONSE TO GOVERN- lated crime; MENT REQUESTS. priate, shall promulgate guidelines or policy (4) to facilitate and promote the sharing of Section 2707(e)(1) of title 18, United States statements or amend existing policy state- Federal law enforcement expertise and infor- Code, is amended by inserting after ‘‘or stat- ments to ensure that the guidelines provide mation about the investigation, analysis, utory authorization’’ the following: ‘‘(includ- sufficiently stringent penalties to deter and and prosecution of computer-related crime ing a request of a governmental entity under punish persons who intentionally use with State and local law enforcement per- section 2703(f) of this title)’’. encryption in connection with the commis- sonnel and prosecutors, including the use of SEC. 307. FORFEITURE OF DEVICES USED IN sion or concealment of criminal acts sen- multijurisdictional task forces; and COMPUTER SOFTWARE COUNTER- tenced under the guidelines. (5) to carry out such other activities as the FEITING AND INTELLECTUAL PROP- (d) EMERGENCY AUTHORITY.—The Commis- Attorney General considers appropriate. ERTY THEFT. sion may promulgate the guidelines or (c) AUTHORIZATION OF APPROPRIATIONS.— (a) IN GENERAL.—Section 2318(d) of title 18, amendments provided for under this section (1) AUTHORIZATION.—There is hereby au- United States Code, is amended— in accordance with the procedures set forth thorized to be appropriated for fiscal year

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.128 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11935

2001, $100,000,000 for purposes of carrying out population movement and change—or ‘‘peo- (f) PUBLIC EDUCATION AND RESEARCH.— this section, of which $20,000,000 shall be pling places’’—as a primary thematic cat- (1) LINKAGES.— available solely for activities under sub- egory for interpretation and preservation; (A) ESTABLISHMENT.—On the basis of the section (b). and theme study, the Secretary may identify ap- (2) AVAILABILITY.—Amounts appropriated (7) although there are approximately 70,000 propriate means for establishing linkages— pursuant to the authorization of appropria- listings on the National Register of Historic (i) between— tions in paragraph (1) shall remain available Places, sites associated with the exploration (I) regions, areas, trails, districts, commu- until expended. and settlement of the United States by a nities, sites, buildings, structures, objects, organizations, societies, and cultures identi- Amend the title to read as follows: ‘‘To broad range of cultures are not well rep- fied under subsections (b) and (d); and provide a national medal for public safety of- resented. (II) groups of people; and ficers who act with extraordinary valor (b) PURPOSES.—The purposes of this title (ii) between— above and beyond the call of duty, to en- are— (I) regions, areas, districts, communities, hance computer crime enforcement and (1) to foster a much-needed understanding sites, buildings, structures, objects, organi- Internet security, and for other purposes.’’. of the diversity and contribution of the zations, societies, and cultures identified breadth of groups who have peopled the under subsection (b); and HAWAIIAN NATIONAL PARK LAN- United States; and (II) units of the National Park System GUAGE CORRECTION ACT OF 1999 (2) to strengthen the ability of the Na- identified under subsection (d). tional Park Service to include groups and (B) PURPOSE.—The purpose of the linkages events otherwise not recognized in the peo- shall be to maximize opportunities for public pling of the United States. education and scholarly research on the peo- MURKOWSKI (AND BINGAMAN) pling of America. AMENDMENT NO. 4367 SEC. 203. DEFINITIONS. In this title: (2) COOPERATIVE ARRANGEMENTS.—On the Mr. STEVENS (for Mr. MURKOWSKI (1) SECRETARY.—The term ‘‘Secretary’’ basis of the theme study, the Secretary shall, subject to the availability of funds, and Mr. BINGAMAN) proposed an amend- means the Secretary of the Interior. enter into cooperative arrangements with ment to the bill (S. 939) to correct (2) THEME STUDY.—The term ‘‘theme study’’ means the national historic land- State and local governments, educational in- spelling errors in the statutory des- stitutions, local historical organizations, ignations of Hawaiian National Parks; mark theme study required under section 4. (3) PEOPLING OF AMERICA.—The term ‘‘peo- communities, and other appropriate entities as follows: pling of America’’ means the migration to to preserve and interpret key sites in the On page 2, strike lines 1 and 2 and insert and within, and the settlement of, the peopling of America. (3) EDUCATIONAL INITIATIVES.— the following: United States. (A) IN GENERAL.—The documentation in ‘‘TITLE I—CORRECTION IN DESIGNA- SEC. 204. THEME STUDY. the theme study shall be used for broad edu- TIONS OF HAWAIIAN NATIONAL PARKS. (a) IN GENERAL.—The Secretary shall pre- cational initiatives such as— ‘‘SEC. 101. CORRECTIONS IN DESIGNATIONS OF pare and submit to Congress a national his- (i) popular publications; HAWAIIAN NATIONAL PARKS.’’. toric landmark theme study on the peopling (ii) curriculum material such as the Teach- On page 4, line 17, strike ‘‘SEC. 3’’ and in- of America. ing with Historic Places program; sert ‘‘SEC. 102’’. (b) PURPOSE.—The purpose of the theme (iii) heritage tourism products such as the At the end of the bill add the following new study shall be to identify regions, areas, National Register of Historic Places Travel titles: trails, districts, communities, sites, build- Itineraries program; and ings, structures, objects, organizations, soci- (iv) oral history and ethnographic pro- ‘‘TITLE II—PEOPLING OF AMERICA grams. THEME STUDY’’ eties, and cultures that— (1) best illustrate and commemorate key (B) COOPERATIVE PROGRAMS.—On the basis SEC. 201. SHORT TITLE. events or decisions affecting the peopling of of the theme study, the Secretary shall im- This title may be cited as the ‘‘Peopling of America; and plement cooperative programs to encourage America Theme Study Act’’. (2) can provide a basis for the preservation the preservation and interpretation of the SEC. 202. FINDINGS AND PURPOSES. and interpretation of the peopling of Amer- peopling of America. (a) FINDINGS.—Congress finds that— ica that has shaped the culture and society SEC. 205. COOPERATIVE AGREEMENTS. (1) an important facet of the history of the of the United States. The Secretary may enter into cooperative United States is the story of how the United (c) IDENFIFICATION AND DESIGNATION OF PO- agreements with educational institutions, States was populated; TENTIAL NEW NATIONAL HISTORIC LAND- professional associations, or other entities (2) the migration, immigration, and settle- MARKS.— knowledgeable about the peopling of Amer- ment of the population of the United (1) IN GENERAL.—The theme study shall ica— (1) to prepare the theme study; States— identify and recommend for designation new (2) to ensure that the theme study is pre- (A) is broadly termed the ‘‘peopling of national historic landmarks. pared in accordance with generally accepted America’’; and (2) LIST OF APPROPRIATE SITES.—The theme scholarly standards; and (B) is characterized by— study shall— (3) to promote cooperative arrangements (i) the movement of groups of people across (A) include a list in order of importance or and programs relating to the peopling of external and internal boundaries of the merit of the most appropriate sites for na- America. United Sates and territories of the United tional historic landmark designation; and SEC. 206. AUTHORIZATION OF APPROPRIATIONS. States; and (B) encourage the nomination of other There are authorized to be appropriated (ii) the interactions of those groups with properties to the National Register of His- such sums as are necessary to carry out this each other and with other populations; toric Places. title. (3) each of those groups has made unique, (3) DESIGNATION.—On the basis of the important contributions to American his- theme study, the Secretary shall designate TITLE III—LITTLE SANDY RIVER tory, culture, art, and life; new national historic landmarks. WATERSHED PROTECTION, OREGON. (4) the spiritual, intellectual, cultural, po- (d) NATIONAL PARK SYSTEM.— SEC. 301. INCLUSION OF ADDITIONAL PORTION litical, and economic vitality of the United (1) IDENTIFICATION OF SITES WITHIN CURRENT OF THE LITTLE SANDY RIVER WA- TERSHED IN THE BULL RUN WATER- States is a result of the pluralism and diver- UNITS.—The theme study shall identify ap- SHED MANAGEMENT UNIT, OREGON. sity of the American population; propriate sites within units of the National (a) IN GENERAL.—Public Law 95–200 (16 (5) the success of the United States in em- Park System at which the peopling of Amer- U.S.C. 482b note) is amended by striking sec- bracing and accommodating diversity has ica may be interpreted. tion 1 and inserting the following: strengthened the national fabric and unified (2) IDENTIFICATION OF NEW SITES.—On the ‘‘SECTION 1. ESTABLISHMENT OF SPECIAL RE- the United States in its values, institutions, basis of the theme study, the Secretary shall SOURCES MANAGEMENT UNIT; DEFI- experiences, goals, and accomplishments; recommend to Congress sites for which stud- NITION OF SECRETARY. (6)(A) the National Park Service’s official ies for potential inclusion in the National ‘‘(a) ESTABLISHMENT.— thematic framework, revised in 1996, re- Park System should be authorized. ‘‘(1) IN GENERAL.—There is established, sub- sponds to the requirement of section 1209 of (e) CONTINUING AUTHORITY.—After the date ject to valid existing rights, a special re- the Civil War Sites Study Act of 1990 (16 of submission to Congress of the theme sources management unit in the State of Or- U.S.C. 1a–5 note; Public Law 101–628), that study, the Secretary shall, on a continuing egon comprising approximately 98,272 acres, ‘‘the Secretary shall ensure that the full di- basis, as appropriate to interpret the peo- as depicted on a map dated May 2000, and en- versity of American history and prehistory pling of America— titled ‘‘Bull Run Watershed Management are represented’’ in the identification and in- (1) evaluate, identify, and designate new Unit’’. terpretation of historic properties by the Na- national historic landmarks; and ‘‘(2) MAP.—The map described in paragraph tional Park Service; and (2) evaluate, identify, and recommend to (1) shall be on file and available for public in- (B) the thematic framework recognizes Congress sites for which studies for potential spection in the offices of the Regional For- that ‘‘people are the primary agents of inclusion in the National Park System ester-Pacific Northwest Region, Forest Serv- change’’ and establishes the theme of human should be authorized. ice, Department of Agriculture, and in the

VerDate 15-DEC-2000 03:34 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.128 pfrm04 PsN: S15PT2 S11936 CONGRESSIONAL RECORD — SENATE December 15, 2000 offices of the State Director, Bureau of Land rior shall identify public domain lands with- The preamble was agreed to. Management, Department of the Interior. in the Medford, Roseburg, Eugene, Salem f ‘‘(3) BOUNDARY ADJUSTMENTS.—Minor ad- and Coos Bay Districts and the Klamath Re- justments in the boundaries of the unit may source Area of the Lakeview District of the HAWAIIAN NATIONAL PARK LAN- be made from time to time by the Secretary Bureau of Land Management approximately GUAGE CORRECTION ACT OF 1999 after consultation with the city and appro- equal in size and condition as those lands priate public notice and hearings. identified in subsection (a) but not subject to Mr. STEVENS. Mr. President, I ask ‘‘(b) DEFINITION OF SECRETARY.—In this the Act of August 28, 1937 (chapter 876, title unanimous consent that the Senate Act, the term ‘‘Secretary’’ means— II, 50 Stat. 875; 43 U.S.C. sec. 1181a–f). For now proceed to the consideration of ‘‘(1) with respect to land administered by purposes of this subsection, ‘‘public domain Calendar No. 175, S. 939. the Secretary of Agriculture, the Secretary lands’’ shall have the meaning given the The PRESIDING OFFICER. The of Agriculture; and term ‘‘public lands’’ in section 103 of the clerk will report the bill by title. ‘‘(2) with respect to land administered by Federal Land Policy and Management Act of The assistant legislative clerk read the Secretary of the Interior, the Secretary 1976 (43 U.S.C. 1702), but excluding therefrom as follows: of the Interior.’’. any lands managed pursuant to the Act of A bill (S. 939) to correct spelling errors in (b) CONFORMING AND TECHNICAL AMEND- August 28, 1937 (chapter 876, title II, 50 Stat. the statutory designations of Hawaiian Na- MENTS.— 875; 43 U.S.C. 1181a–f). tional Parks. (1) SECRETARY.—Public Law 95–200 (16 (c) Within 2 years after the date of enact- U.S.C. 482b note) is amended by striking ment of this title, the Secretary of the Inte- There being no objection, the Senate ‘‘Secretary of Agriculture’’ each place it ap- rior shall submit to Congress and publish in proceeded to consider the bill, which pears (except subsection (b) of section 1, as the Federal Register a map or maps identi- had been reported from the Committee added by subsection (a), and except in the fying those public domain lands pursuant to on Energy and Natural Resources, with amendments made by paragraph (2)) and in- subsections (a) and (b) of this section. After amendments; as follows: serting ‘‘Secretary’’. an opportunity for public comment, the Sec- (Omit the parts in boldface brackets (2) APPLICABLE LAW.— retary of the Interior shall complete an ad- (A) IN GENERAL.—Section 2(a) of Public ministrative land reclassification such that and insert the parts printed in italic.) Law 95–200 (16 U.S.C. 482b note) is amended those lands identified pursuant to subsection S. 939 by striking ‘‘applicable to National Forest (a) become public domain lands not subject Be it enacted by the Senate and House of Rep- System lands’’ and inserting ‘‘applicable to to the distribution provision of the Act of resentatives of the United States of America in National Forest System land (in the case of August 28, 1937 (chapter 876, title II, 50 Stat. Congress assembled, land administered by the Secretary of Agri- 875; 43 U.S.C. Sec. 1181f) and those lands iden- SECTION 1. SHORT TITLE. culture) or applicable to land under the ad- tified pursuant to subsection (b) become Or- This Act may be cited as the ‘‘Hawaiian ministrative jurisdiction of the Bureau of egon and California Railroad lands (O&C National Park Language Correction Act of Land Management (in the case of land ad- lands) subject to the Act of August 28, 1937 1999’’. ministered by the Secretary of the Inte- (chapter 876, title II, 50 Stat. 875; 43 U.S.C. SEC. 2. CORRECTIONS IN DESIGNATIONS OF HA- rior)’’. 1181a–f). WAIIAN NATIONAL PARKS. (B) MANAGEMENT PLANS.—The first sen- SEC. 304. ENVIRONMENTAL RESTORATION. (a) HAWAI‘I VOLCANOES NATIONAL PARK.— tence of section 2(c) of Public Law 95–200 (16 In order to further the purposes of this (1) IN GENERAL.—Public Law 87–278 (75 Stat. U.S.C. 482b note) is amended— title, there is hereby authorized to be appro- 577) is amended by striking ‘‘Hawaii Volca- (i) by striking ‘subsection (a) and (b)’ and priated $10,000,000 under the provisions of noes National Park’’ each place it appears inserting ‘subsections (a) and (b)’; and section 323 of the FY 1999 Interior Appropria- and inserting ‘‘Hawai‘i Volcanoes National (ii) by striking ‘‘, through the mainte- tions Act (P.L. 105–277) for Clackamas Coun- Park’’. nance’’ and inserting ‘‘(in the case of land ty, Oregon, for watershed restoration, except (2) REFERENCES.—Any reference in any law administered by the Secretary of Agri- timber extraction, that protects or enhances (other than this Act), regulation, document, culture) or section 202 of the Federal Land water quality or relates to the recovery of record, map, or other paper of the United Policy and Management Act of 1976 (43 species listed pursuant to the Endangered States to ‘‘Hawaii Volcanoes National Park’’ U.S.C. 1712) (in the case of land administered Species Act (P.L. 93–205) near the Bull Run shall be considered a reference to ‘‘Hawai‘i by the Secretary of the Interior), through Management Unit. Volcanoes National Park’’. the maintenance’’. ¯ f (b) HALEAKALA NATIONAL PARK.— SEC. 302. MANAGEMENT. (1) IN GENERAL.—Public Law 86–744 (74 Stat. (a) TIMBER HARVESTING RESTRICTIONS.— EXPRESSING THE SUPPORT OF 881) is amended by striking ‘‘Haleakala¯ Na- Section 2(b) of Public Law 95–200 (16 U.S.C. CONGRESS FOR ACTIVITIES TO tional Park’’ and inserting ‘‘Haleakala Na- 482b note) is amended by striking paragraph INCREASE PUBLIC AWARENESS tional Park’’. (1) and inserting the following: OF MULTIPLE SCLEROSIS (2) REFERENCES.—Any reference in any law ‘‘(1) IN GENERAL.—Subject to paragraph (2), (other than this Act), regulation, document, the Secretary shall prohibit the cutting of Mr. STEVENS. Mr. President, I ask record, map, or other paper of the United trees on Federal land in the entire unit, as unanimous consent that the Senate States to ‘‘Haleakala National Park’’ ¯shall designated in section 1 and depicted on the proceed to the immediate consider- be considered a reference to ‘‘Haleakala Na- map referred to in that section.’’. ation of H. Con. Res. 271, which is at tional Park’’. ¯ (b) REPEAL OF MANAGEMENT EXCEPTION.— the desk. (c) KALOKO-HONOKOHAU.— The Oregon Resource Conservation Act of The PRESIDING OFFICER. The (1) IN GENERAL.—Section 505 of the Na- 1996 (division B of Public Law 104–208) is clerk will report the concurrent resolu- tional Parks and Recreation Act of 1978 (16 amended by striking section 606 (110 Stat. tion by title. U.S.C. 396d) is amended— 3009–543). (A) in the section heading, by striking (c) REPEAL OF DUPLICATIVE ENACTMENT.— The assistant legislative clerk read ‘‘KALOKO-HONOKOHAU¯ ’’ and inserting Section 1026 of division I of the Omnibus as follows: ‘‘KALOKO-HONOKOHAU’’; and Parks and Public Land Management Act of A concurrent resolution (H. Con. Res. 271) (B) by striking ‘‘Kaloko-Honokohau’’ each 1996 (Public Law 104–333; 110 Stat. 4228) and expressing the support of Congress for activi- place ¯it appears and inserting ‘‘Kaloko- the amendments made by that section are ties to increase public awareness of multiple Honokohau’’. repealed. sclerosis. (2) REFERENCES.—Any reference in any law (d) WATER RIGHTS.—Nothing in this section There being no objection, the Senate (other than this Act), regulation, document, strengthens, diminishes, or has any other ef- proceeded to consider the concurrent record, map, or other paper of the United fect on water rights held by any person or States to ‘‘Kaloko-Honokohau National His- entity. resolution. torical Park’’ shall ¯be considered a reference SEC. 303. LAND RECLASSIFICATION. Mr. STEVENS. Mr. President, I ask to ‘‘Kaloko-Honokohau National Historical unanimous consent that the concur- (a) Within 6 months of the date of enact- Park’’. ¯ ment of this title, the Secretaries of Agri- rent resolution and preamble be agreed (d) PU‘UHONUA O HONAUNAU NATIONAL HIS- culture and Interior shall identify any Or- to, en bloc, the motion to reconsider be TORICAL PARK.— egon and California Railroad lands (O&C laid upon the table, and that any state- (1) IN GENERAL.—The øfirst section of the¿ lands) subject to the distribution provision ments relating to this resolution be Act of July 21, 1955 (chapter 385; 69 Stat. 376), of the Act of August 28, 1937 (chapter 876, printed in the RECORD, with no inter- as amended by section 305 of the National title II, 50 Stat. 875; 43 U.S.C. sec. 1181f) with- vening action. Parks and Recreation Act of 1978 (92 Stat. in the boundary of the special resources 3477), is amended by striking ‘‘Puuhonua o management area described in section 1 of The PRESIDING OFFICER. Without Honaunau National Historical øPark¿’’ objection, it is so ordered. this title. Park’’ each place¯ it appears and inserting (b) Within 18 months of the date of enact- The concurrent resolution (H. Con. ‘‘Pu‘uhonua o Honaunau National Historical ment of this title, the Secretary of the Inte- Res. 271) was agreed to. Park’’.

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.131 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11937 (2) REFERENCES.—Any reference in any law CALIFORNIA TRAIL INTERPRETIVE establish an interpretation center to be known (other than this Act), regulation, document, ACT as the ‘‘California Trail Interpretive Center’’, record, map, or other paper of the United near the city of Elko, Nevada. States to ‘‘Puuhonua o Honaunau National Mr. STEVENS. Mr. President, I ask (2) PURPOSE.—The Center shall be established unanimous consent that the Chair lay for the purpose of interpreting the history of de- Historical Park shall be ¯considered a ref- erence to ‘‘Pu‘uhonua o Honaunau National before the Senate a message from the velopment and use of the California Trail in the Historical Park’’. settling of the West. ¯ House to accompany S. 2749, to estab- (e) PU‘UKOHOLA HEIAU NATIONAL øHISTOR- lish the California Trail Interpretive (b) MASTER PLAN STUDY.—To carry out sub- ICAL SITE¿ HISTORIC SITE.— Center in Elko, Nevada, to facilitate section (a), the Secretary shall— (1) IN GENERAL.—Public Law 92–388 (86 Stat. (1) consider the findings of the master plan the interpretation of the history of de- study for the California Trail Interpretive Cen- 562) is amended by striking ‘‘Puukohola velopment and use of trails in the set- Heiau National øHistorical Site¿ Historic ter in Elko, Nevada, as authorized by page 15 of tling of the western portion of the Senate Report 106–99; and Site’’ each ¯place it appears and inserting ‘‘Pu‘ukohola Heiau National øHistorical United States. (2) initiate a plan for the development of the Site¿ Historic Site’’. The PRESIDING OFFICER laid be- Center that includes— (A) a detailed description of the design of the (2) REFERENCES.—Any reference in any law fore the Senate the following message (other than this Act), regulation, document, from the House of Representatives: Center; (B) a description of the site on which the Cen- record, map, or other paper of the United Resolved, That the bill from the Senate (S. ter is to be located; States to ‘‘Puukohola Heiau National His- 2749) entitled ‘‘An Act to establish the Cali- (C) a description of the method and estimated toric Site’’ shall be considered a reference to ¯ fornia Trail Interpretive Center in Elko, Ne- cost of acquisition of the site on which the Cen- ‘‘Pu‘ukohola Heiau National øHistorical vada, to facilitate the interpretation of the ter is to be located; Site¿ Historic Site’’. history of development and use of trails in (D) the estimated cost of construction of the SEC. 3. CONFORMING AMENDMENTS. the settling of the western portion of the Center; øSection¿ (a) Section 401(8) of the National United States’’, do pass with the following (E) the cost of operation and maintenance of Parks and Recreation Act of 1978 (Public amendments: the Center; and Law 95–625; 92 Stat. 3489) is amended by Strike out all after the enacting clause and (F) a description of the manner and extent to striking ‘‘Hawaii Volcanoes’’ each place it insert: which non-Federal entities shall participate in appears and inserting ‘‘Hawai‘i Volcanoes’’. TITLE I—CALIFORNIA TRAIL the acquisition and construction of the Center. (b) The first section of Public Law 94–567 (90 INTERPRETIVE CENTER (c) IMPLEMENTATION.—To carry out sub- section (a), the Secretary may— Stat. 2692) is amended in subsection (e) by strik- SEC. 101. SHORT TITLE. (1) acquire land and interests in land for the ing ‘‘Haleakala’’ each place it appears and in- This title may be cited as the ‘‘California ¯ construction of the Center by— serting ‘‘Haleakala’’. Trail Interpretive Act’’. (A) donation; Mr. STEVENS. Mr. President, I ask SEC. 102. FINDINGS AND PURPOSES. (B) purchase with donated or appropriated unanimous consent that the committee (a) FINDINGS.—Congress finds that— funds; or amendments be agreed to. (1) the nineteenth-century westward move- (C) exchange; ment in the United States over the California (2) provide for local review of and input con- The PRESIDING OFFICER. Without National Historic Trail, which occurred from cerning the development and operation of the objection, it is so ordered. 1840 until the completion of the transcontinental Center by the Advisory Board for the National The committee amendments were railroad in 1869, was an important cultural and Historic California Emigrant Trails Interpretive agreed to. historical event in— Center of the city of Elko, Nevada; (A) the development of the western land of the (3) periodically prepare a budget and funding AMENDMENT NO. 4367 United States; and request that allows a Federal agency to carry (Purpose: To add provisions authorizing the (B) the prevention of colonization of the west out the maintenance and operation of the Cen- Secretary of the Interior to conduct a coast by Russia and the British Empire; ter; theme study on the Peopling of America, (2) the movement over the California Trail (4) enter into a cooperative agreement with— and to provide further protections for the was completed by over 300,000 settlers, many of (A) the State, to provide assistance in— watershed of the Little Sandy River in Or- whom left records or stories of their journeys; (i) removal of snow from roads; egon) and (ii) rescue, firefighting, and law enforcement (3) additional recognition and interpretation services; and Mr. STEVENS. Mr. President, Sen- of the movement over the California Trail is ap- (iii) coordination of activities of nearby law ator MURKOWSKI has an amendment at propriate in light of— enforcement and firefighting departments or the desk, and I ask for its consider- (A) the national scope of nineteenth-century agencies; and ation. westward movement in the United States; and (B) a Federal, State, or local agency to de- velop or operate facilities and services to carry The PRESIDING OFFICER. The (B) the strong interest expressed by people of the United States in understanding their history out this title; and clerk will report the amendment. and heritage. (5) notwithstanding any other provision of The assistant legislative clerk read (b) PURPOSES.—The purposes of this title law, accept donations of funds, property, or as follows: are— services from an individual, foundation, cor- (1) to recognize the California Trail, including poration, or public entity to provide a service or The Senator from Alaska [Mr. STEVENS] the Hastings Cutoff and the trail of the ill-fated facility that is consistent with this title, as de- for Mr. MURKOWSKI, for himself and Mr. Donner-Reed Party, for its national, historical, termined by the Secretary, including 1-time con- BINGAMAN, proposes an amendment num- and cultural significance; and tributions for the Center (to be payable during bered 4367. (2) to provide the public with an interpretive construction funding periods for the Center (The text of the amendment is print- facility devoted to the vital role of trails in the after the date of enactment of this Act) from— ed in today’s RECORD under ‘‘Amend- West in the development of the United States. (A) the State, in the amount of $3,000,000; (B) Elko County, Nevada, in the amount of ments Submitted.’’) SEC. 103. DEFINITIONS. $1,000,000; and In this title: Mr. STEVENS. Mr. President, I ask (C) the city of Elko, Nevada, in the amount of (1) CALIFORNIA TRAIL.—The term ‘‘California unanimous consent that the amend- $2,000,000. Trail’’ means the California National Historic ment be agreed to. Trail, established under section 5(a)(18) of the SEC. 105. AUTHORIZATION OF APPROPRIATIONS. The amendment (No. 4367) was agreed National Trails System Act (16 U.S.C. There is authorized to be appropriated to to. 1244(a)(18)). carry out this title $12,000,000. Mr. STEVENS. Mr. President, I ask (2) CENTER.—The term ‘‘Center’’ means the TITLE II—CONVEYANCE OF NATIONAL unanimous consent the bill, as amend- California Trail Interpretive Center established FOREST SYSTEM LANDS FOR EDU- CATIONAL PURPOSES ed, be read a third time and passed, the under section 104(a). (3) SECRETARY.—The term ‘‘Secretary’’ means motion to reconsider be laid upon the SEC. 201. SHORT TITLE. the Secretary of the Interior, acting through the This title may be cited as the ‘‘Education table, and that any statements relating Director of the Bureau of Land Management. Land Grant Act’’. ECORD to the bill be printed in the R . (4) STATE.—The term ‘‘State’’ means the State SEC. 202. CONVEYANCE OF NATIONAL FOREST The PRESIDING OFFICER. Without of Nevada. SYSTEM LANDS FOR EDUCATIONAL objection, it is so ordered. SEC. 104. CALIFORNIA TRAIL INTERPRETIVE CEN- PURPOSES. The bill (S. 939), as amended, was TER. (a) AUTHORITY TO CONVEY.—Upon written (a) ESTABLISHMENT.— application, the Secretary of Agriculture may read the third time and passed. (1) IN GENERAL.—In furtherance of the pur- convey National Forest System lands to a public (The bill will be printed in a future poses of section 7(c) of the National Trails Sys- school district for use for educational purposes edition of the RECORD.) tem Act (16 U.S.C. 1246(c)), the Secretary may if the Secretary determines that—

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00083 Fmt 4624 Sfmt 6333 E:\CR\FM\A15DE6.133 pfrm04 PsN: S15PT2 S11938 CONGRESSIONAL RECORD — SENATE December 15, 2000

(1) the public school district seeking the con- (3) STUDY AREA.—The term ‘‘Study Area’’ (2) BOUNDARIES.—The boundaries of the Dis- veyance will use the conveyed land for a public means the Golden Spike/Crossroads of the West trict shall be the boundaries depicted on the or publicly funded elementary or secondary National Heritage Area Study Area, the bound- map entitled ‘‘Crossroads of the West Historic school, to provide grounds or facilities related to aries of which are described in subsection (d). District’’, numbered OGGO-20,000, and dated such a school, or for both purposes; (b) IN GENERAL.—The Secretary shall conduct March 22, 2000. The map shall be on file and (2) the conveyance will serve the public inter- a study of the Study Area which includes anal- available for public inspection in the appro- est; ysis and documentation necessary to determine priate offices of the Department of the Interior. (3) the land to be conveyed is not otherwise whether the Study Area— (d) DEVELOPMENT PLAN.—The Secretary may needed for the purposes of the National Forest (1) has an assemblage of natural, historic, and make grants and enter into cooperative agree- System; cultural resources that together represent dis- ments with the State of Utah, local govern- (4) the total acreage to be conveyed does not tinctive aspects of American heritage worthy of ments, and nonprofit entities under which the exceed the amount reasonably necessary for the recognition, conservation, interpretation, and Secretary agrees to pay not more than 50 per- proposed use; continuing use, and are best managed through cent of the costs of— (5) the land is to be used for an established or partnerships among public and private entities; (1) preparation of a plan for the development proposed project that is described in detail in (2) reflects traditions, customs, beliefs, and of historic, architectural, natural, cultural, and the application to the Secretary, and the con- folk-life that are a valuable part of the national interpretive resources within the District; veyance would serve public objectives (either lo- story; (2) implementation of projects approved by the (3) provides outstanding opportunities to con- cally or at large) that outweigh the objectives Secretary under the development plan described serve natural, historic, cultural, or scenic fea- and values which would be served by maintain- in paragraph (1); and tures; (3) an analysis assessing measures that could ing such land in Federal ownership; (4) provides outstanding recreational and edu- be taken to encourage economic development (6) the applicant is financially and otherwise cational opportunities; capable of implementing the proposed project; (5) contains resources important to the identi- and revitalization within the District in a man- (7) the land to be conveyed has been identified fied theme or themes of the Study Area that re- ner consistent with the District’s historic char- for disposal in an applicable land and resource tain a degree of integrity capable of supporting acter. management plan under the Forest and Range- interpretation; (e) RESTORATION, PRESERVATION, AND INTER- land Renewable Resources Planning Act of 1974 (6) includes residents, business interests, non- PRETATION OF PROPERTIES.— (16 U.S.C. 1600 et seq.); and profit organizations, and local and State gov- (1) COOPERATIVE AGREEMENTS.—The Secretary (8) an opportunity for public participation in ernments who have demonstrated support for may enter into cooperative agreements with the a disposal under this section has been provided, the concept of a National Heritage Area; and State of Utah, local governments, and nonprofit including at least one public hearing or meeting, (7) has a potential management entity to work entities owning property within the District to provide for public comments. in partnership with residents, business interests, under which the Secretary may— (b) ACREAGE LIMITATION.—A conveyance nonprofit organizations, and local and State (A) pay not more than 50 percent of the cost under this section may not exceed 80 acres. governments to develop a National Heritage of restoring, repairing, rehabilitating, and im- However, this limitation shall not be construed Area consistent with continued local and State proving historic infrastructure within the Dis- to preclude an entity from submitting a subse- economic activity. trict; quent application under this section for an ad- (c) CONSULTATION.—In conducting the study, (B) provide technical assistance with respect ditional land conveyance if the entity can dem- the Secretary shall— to the preservation and interpretation of prop- onstrate to the Secretary a need for additional (1) consult with the State Historic Preserva- erties within the District; and land. tion Officer, State Historical Society, and other (C) mark and provide interpretation of prop- (c) COSTS AND MINERAL RIGHTS.—(1) A con- appropriate organizations; and erties within the District. veyance under this section shall be for a nomi- (2) use previously completed materials, includ- (2) NON-FEDERAL CONTRIBUTIONS.—When de- nal cost. The conveyance may not include the ing the Golden Spike Rail Study. termining the cost of restoring, repairing, reha- transfer of mineral or water rights. (d) BOUNDARIES OF STUDY AREA.—The Study bilitating, and improving historic infrastructure (2) If necessary, the exact acreage and legal Area shall be comprised of sites relating to com- within the District for the purposes of para- description of the real property conveyed under pletion of the first transcontinental railroad in graph (1)(A), the Secretary may consider any this title shall be determined by a survey satis- the State of Utah, concentrating on those areas donation of property, services, or goods from a factory to the Secretary and the applicant. The identified on the map included in the Golden non-Federal source as a contribution of funds cost of the survey shall be borne by the appli- Spike Rail Study. from a non-Federal source. (e) REPORT.—Not later than 3 fiscal years cant. (3) PROVISIONS.—A cooperative agreement after funds are first made available to carry out (d) REVIEW OF APPLICATIONS.—When the Sec- under paragraph (1) shall provide that— this section, the Secretary shall submit to the retary receives an application under this sec- (A) the Secretary shall have the right of ac- Committee on Resources of the House of Rep- tion, the Secretary shall— cess at reasonable times to public portions of the resentatives and the Committee on Energy and (1) before the end of the 14-day period begin- property for interpretive and other purposes; Natural Resources of the Senate a report on the ning on the date of the receipt of the applica- (B) no change or alteration may be made in findings and conclusions of the study and rec- tion, provide notice of that receipt to the appli- the property except with the agreement of the ommendations based upon those findings and cant; and property owner, the Secretary, and any Federal conclusions. (2) before the end of the 120-day period begin- agency that may have regulatory jurisdiction (f) AUTHORIZATION OF APPROPRIATIONS.— over the property; and ning on that date— There are authorized to be appropriated to the (A) make a final determination whether or not (C) any construction grant made under this Secretary such sums as may be necessary to section shall be subject to an agreement that to convey land pursuant to the application, and carry out the provisions of this section. notify the applicant of that determination; or provides— SEC. 302. CROSSROADS OF THE WEST HISTORIC (B) submit written notice to the applicant con- (I) that conversion, use, or disposal of the DISTRICT. project so assisted for purposes contrary to the taining the reasons why a final determination (a) PURPOSES.—The purposes of this section has not been made. purposes of this section shall result in a right of are— the United States to compensation from the ben- (e) REVERSIONARY INTEREST.—If, at any time (1) to preserve and interpret, for the edu- eficiary of the grant; and after lands are conveyed pursuant to this sec- cational and inspirational benefit of the public, (II) for a schedule for such compensation tion, the entity to whom the lands were con- the contribution to our national heritage of cer- based on the level of Federal investment and the veyed attempts to transfer title to or control over tain historic and cultural lands and edifices of anticipated useful life of the project. the lands to another or the lands are devoted to the Crossroads of the West Historic District; and (4) APPLICATIONS.— a use other than the use for which the lands (2) to enhance cultural and compatible eco- (A) IN GENERAL.—A property owner that de- were conveyed, title to the lands shall revert to nomic redevelopment within the District. sires to enter into a cooperative agreement the United States. (b) DEFINITIONS.—For the purposes of this sec- under paragraph (1) shall submit to the Sec- TITLE III—GOLDEN SPIKE/CROSSROADS tion: (1) DISTRICT.—The term ‘‘District’’ means the retary an application describing how the project OF THE WEST NATIONAL HERITAGE proposed to be funded will further the purposes AREA STUDY AREA AND THE CROSS- Crossroads of the West Historic District estab- lished by subsection (c). of the management plan developed for the Dis- ROADS OF THE WEST HISTORIC DIS- trict. TRICT (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (B) CONSIDERATION.—In making such funds SEC. 301. AUTHORIZATION OF STUDY. (3) HISTORIC INFRASTRUCTURE.—The term available under this subsection, the Secretary (a) DEFINITIONS.—For the purposes of this ‘‘historic infrastructure’’ means the District’s shall give consideration to projects that provide section: historic buildings and any other structure that a greater leverage of Federal funds. (1) GOLDEN SPIKE RAIL STUDY.—The term the Secretary determines to be eligible for listing (f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘Golden Spike Rail Study’’ means the Golden on the National Register of Historic Places. There are authorized to be appropriated to the Spike Rail Feasibility Study, Reconnaissance (c) CROSSROADS OF THE WEST HISTORIC DIS- Secretary to carry out this section not more Survey, Ogden, Utah to Golden Spike National TRICT.— than $1,000,000 for any fiscal year and not more Historic Site’’, National Park Service, 1993. (1) ESTABLISHMENT.—There is established the than $5,000,000 total. (2) SECRETARY.—The term ‘‘Secretary’’ means Crossroads of the West Historic District in the Amend the title so as to read ‘‘An Act to the Secretary of the Interior. city of Ogden, Utah. establish the California Trail Interpretive

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.134 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11939 Center in Elko, Nevada, to facilitate the in- Resolved, That the bill from the Senate (S. (C) a description of conservation measures to terpretation of the history of development 1761) entitled ‘‘An Act to direct the Sec- be taken pursuant to the project plans; and use of trails in the settling of the west- retary of the Interior, through the Bureau of (D) the near- and long-term water demands ern portion of the United States, and for Reclamation, to conserve and enhance the and supplies in the study area; and other purposes.’’. water supplies of the Lower Rio Grande Val- (E) engineering plans and designs that dem- onstrate that the project would provide oper- Mr. STEVENS. Mr. President, I ask ley’’, do pass with the following amendment: Strike out all after the enacting clause and ational efficiency improvements or achieve unanimous consent that the Senate insert: water, energy, or economic savings (or any com- agree to the amendments of the House. SECTION 1. SHORT TITLE. bination of the foregoing) at a rate of acre feet The PRESIDING OFFICER. Without This Act may be cited as the ‘‘Lower Rio of water or kilowatt energy saved per dollar ex- objection, it is so ordered. Grande Valley Water Resources Conservation pended on the construction of the project; (2) provide a project plan, including a general f and Improvement Act of 2000’’. map showing the location of the proposed phys- SEC. 2. DEFINITIONS. ical features, conceptual engineering drawings AUTHORIZING THE FOREST SERV- In this Act: ICE TO CONVEY CERTAIN LANDS of structures, and general standards for design; (1) COMMISSIONER.—The term ‘‘Commissioner’’ and Mr. STEVENS. Mr. President, I ask means the Commissioner of the Bureau of Rec- (3) sign a cost-sharing agreement with the unanimous consent that the Senate lamation. Secretary that commits the non-Federal project (2) SECRETARY.—The term ‘‘Secretary’’ means proceed to the consideration of H.R. sponsor to funding its proportionate share of the Secretary of the Interior, acting through the the project’s construction costs on an annual 4656, which is at the desk. Commissioner. The PRESIDING OFFICER. The basis. (3) STATE.—The term ‘‘State’’ means the Texas (d) FINANCIAL CAPABILITY.—Before providing clerk will report the bill by title. Water Development Board and any other au- funding for a project to the non-Federal project The assistant legislative clerk read thorized entity of the State of Texas. sponsor, the Secretary shall determine that the as follows: (4) PROGRAM AREA.—The term ‘‘program non-Federal project sponsor is financially capa- area’’ means— ble of funding the project’s non-Federal share of A bill (H.R. 4656) to authorize the Forest (A) the counties in the State of Texas in the Service to convey certain lands in the Lake the project’s costs. Rio Grande Regional Water Planning Area (e) REVIEW PERIOD.—Within 1 year after the Tahoe Basin to the Washoe County School known as Region ‘‘M’’ as designated by the District for use as an elementary school site. date a project is submitted to the Secretary for Texas Water Development Board; and approval, the Secretary, subject to the avail- There being no objection, the Senate (B) the counties of Hudspeth and El Paso, ability of appropriations, shall determine proceeded to consider the bill. Texas. whether the project meets the criteria estab- Mr. STEVENS. Mr. President, I ask SEC. 3. LOWER RIO GRANDE WATER CONSERVA- lished pursuant to this section. unanimous consent that the bill be TION AND IMPROVEMENT PROGRAM. (f) REPORT PREPARATION; REIMBURSEMENT.— (a) IN GENERAL.—The Secretary, acting pur- read a third time and passed, the mo- Project sponsors may choose to contract with suant to the Reclamation Act of 1902 (Act of the Secretary to prepare the reports required tion to reconsider be laid upon the June 17, 1902, 32 Stat. 388) and Acts amendatory under this section. All costs associated with the table, and, finally, any statements re- thereof and supplementary thereto, shall under- preparation of the reports by the Secretary shall lating to either of these measures be take a program in cooperation with the State, be 50 percent reimbursable by the non-Federal printed in the RECORD. water users in the program area, and other non- sponsor. The PRESIDING OFFICER. Without Federal entities, to investigate and identify op- (g) AUTHORIZATION OF APPROPRIATIONS.— objection, it is so ordered. portunities to improve the supply of water for There is authorized to be appropriated to the The bill (H.R. 4656) was read the third the program area as provided in this Act. The Secretary to carry out this section $2,000,000. program shall include the review of studies or SEC. 4. LOWER RIO GRANDE CONSTRUCTION AU- time and passed. planning reports (or both) prepared by any com- THORIZATION. f petent engineering entity for projects designed (a) PROJECT IMPLEMENTATION.—If the Sec- retary determines that any of the following JAMESTOWN 400TH COMMEMORA- to conserve and transport raw water in the pro- gram area. As part of the program, the Sec- projects meet the review criteria and project re- TION COMMISSION ACT OF 2000 retary shall evaluate alternatives in the pro- quirements, as set forth in section 3, the Sec- Mr. STEVENS. Mr. President, I ask gram area that could be used to improve water retary may conduct or participate in funding unanimous consent that the Senate supplies, including the following: engineering work, infrastructure construction, and improvements for the purpose of conserving proceed to the consideration of H.R. (1) Lining irrigation canals. (2) Increasing the use of pipelines, flow con- and transporting raw water through that 4907, which is at the desk. trol structures, meters, and associated appur- project: The PRESIDING OFFICER. The tenances of water supply facilities. (1) In the Hidalgo County, Texas Irrigation clerk will report the bill by title. (b) PROGRAM DEVELOPMENT.—Within 6 District #1, a pipeline project identified in the The assistant legislative clerk read months after the date of the enactment of this Melden & Hunt, Inc. engineering study dated as follows: Act, the Secretary, in consultation with the July 6, 2000 as the Curry Main Pipeline Project. (2) In the Cameron County, Texas La Feria A bill (H.R. 4907) to establish the James- State, shall develop and publish criteria to de- termine which projects would qualify and have Irrigation District #3, a distribution system im- town 400th Commemoration Commission, provement project identified by the 1993 engi- and for other purposes. the highest priority for financing under this Act. Such criteria shall address, at a minimum— neering study by Sigler, Winston, Greenwood There being no objection, the Senate (1) how the project relates to the near- and and Associates, Inc. proceeded to consider the bill. long-term water demands and supplies in the (3) In the Cameron County, Texas Irrigation Mr. STEVENS. Mr. President, I ask study area, including how the project would af- District #2 canal rehabilitation and pumping fect the need for development of new or ex- plant replacement as identified as Job Number unanimous consent that the bill be 48-05540-002 in a report by Turner Collie & read a third time and passed, the mo- panded water supplies; (2) the relative amount of water (acre feet) to Braden, Inc. dated August 12, 1998. tion to reconsider be laid upon the (4) In the Harlingen Irrigation District Cam- be conserved pursuant to the project; eron #1 Irrigation District a project of meter in- table, and that any statements relating (3) whether the project would provide oper- stallation and canal lining as identified in a to the bill be printed in the RECORD. ational efficiency improvements or achieve proposal submitted to the Texas Water Develop- The PRESIDING OFFICER. Without water, energy, or economic savings (or any com- ment Board dated April 28, 2000. bination of the foregoing) at a rate of acre feet objection, it is so ordered. (b) CONSTRUCTION COST SHARE.—The non- The bill (H.R. 4907) was read the third of water or kilowatt energy saved per dollar ex- Federal share of the costs of any construction time and passed. pended on the construction of the project; and carried out under, or with assistance provided (4) if the project proponents have met the re- f under, this section shall be 50 percent. Not more quirements specified in subsection (c). than 40 percent of the costs of such an activity (c) PROJECT REQUIREMENTS.—A project spon- LOWER RIO GRANDE VALLEY RE- may be paid by the State. The remainder of the sor seeking Federal funding under this program SOURCES CONSERVATION AND non-Federal share may include in-kind con- shall— tributions of goods and services, and funds pre- IMPROVEMENT ACT OF 2000 (1) provide a report, prepared by the Bureau viously spent on feasibility and engineering of Reclamation or prepared by any competent Mr. STEVENS. Mr. President, I ask studies. engineering entity and reviewed by the Bureau the Chair lay before the Senate a mes- (c) AUTHORIZATION OF APPROPRIATIONS.— sage from the House of Representatives of Reclamation, that includes, among other mat- There is authorized to be appropriated to the ters— Secretary to carry out this section $10,000,000. on the bill (S. 1761). (A) the total estimated project cost; The PRESIDING OFFICER laid be- (B) an analysis showing how the project Mr. STEVENS. Mr. President, I ask fore the Senate the following message would reduce, postpone, or eliminate develop- unanimous consent that the Senate from the House of Representatives: ment of new or expanded water supplies; agree to the amendment of the House.

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A15DE6.134 pfrm04 PsN: S15PT2 S11940 CONGRESSIONAL RECORD — SENATE December 15, 2000 The PRESIDING OFFICER. Without Mr. STEVENS. Mr. President, I ask rately in the RECORD as if made by the objection, it is so ordered. unanimous consent that the resolution Chair. f and preamble be agreed to en bloc, the The PRESIDING OFFICER. Without motion to reconsider be laid upon the objection, it is so ordered. TIME ZONE FOR GUAM AND THE table with no intervening action, and The Chair, on behalf of the President COMMONWEALTH OF THE that any statements relating thereto pro tempore, pursuant to Public Law NORTHERN MARIANA ISLANDS be printed in the RECORD 106–291, announces the appointment of Mr. STEVENS. Mr. President, I ask The PRESIDING OFFICER. Without the following individuals to the Advi- unanimous consent the Senate now objection, it is so ordered. sory Committee on Forest Counties proceed to the consideration of H.R. The resolution (S. Res. 393) was Payments: Tim Creal, of South Da- 3756 which is at the desk. agreed to. kota; Doug Robertson, of Oregon. The PRESIDING OFFICER. The The preamble was agreed to. f clerk will report the bill by title. The resolution with its preamble AUTHORIZATION TO SIGN DULY The assistant legislative clerk read reads as follows: ENROLLED BILLS AND RESOLU- as follows: S. RES. 393 TIONS A bill (H.R. 3756) to establish a standard Whereas Gwendolyn Brooks was born in Mr. STEVENS. Mr. President, I ask time zone for Guam and the Commonwealth Topeka, Kansas, on June 7, 1917, and moved unanimous consent that the majority of the Northern Mariana Islands, and for one month thereafter to the South Side of leader or Senator ABRAHAM be author- other purposes. Chicago; Whereas Gwendolyn Brooks was educated ized to sign all duly enrolled bills and There being objection, the Senate resolutions following the sine die ad- proceeded to consider the bill. in the Chicago public school system, grad- uating from Englewood High School in 1934; journment. Mr. STEVENS. Mr. President, I ask Whereas Gwendolyn Brooks was the author The PRESIDING OFFICER. Without unanimous consent that the bill be of over twenty works of poetry spanning 46 objection, it is so ordered. read a third time and passed, the mo- years; f tion to reconsider be laid upon the Whereas Gwendolyn Brooks in 1950 became table, and that any statements relating the first African-American woman to win the AUTHORIZATION TO MAKE to the bill be printed in the RECORD. Pulitzer Prize for poetry with her publica- APPOINTMENTS The PRESIDING OFFICER. Without tion, Annie Allen; Mr. STEVENS. I ask unanimous con- objection, it is so ordered. Whereas Gwendolyn Brooks was showered sent that notwithstanding the sine die with numerous other accolades as a poet and The bill (H.R 3756) was read the third artist, including a lifetime achievement adjournment of the Senate, the Presi- time and passed. award from the National Endowment for the dent of the Senate, the President of the f Arts; Senate pro tempore, and the majority Whereas Gwendolyn Brooks has been poet and minority leaders be authorized to AMENDMENT TO TITLE 5, UNITED laureate of Illinois since 1968, succeeding the make appointments to commissions, STATES CODE late Carl Sandburg; committees, boards, conferences, or Whereas Gwendolyn Brooks leveraged her interparliamentary conferences au- Mr. STEVENS. Mr. President, I ask prestige as Illinois poet laureate to inspire unanimous consent that the Senate thorized by law, by concurrent action young writers, establishing the Illinois Poet of the two Houses, or by order of the turn to the consideration of H.R. 207, Laureate Awards in 1969 to encourage ele- which is at the desk. mentary and high school students to write; Senate. The PRESIDING OFFICER. The Whereas Gwendolyn Brooks taught future Mr. REID. Reserving the right to ob- clerk will report the bill by title. poets and writers at the University of Wis- ject, I have waited around this after- The assistant legislative clerk read consin-Madison, the City College of New noon, this evening, to have an oppor- as follows: York, Columbia College of Chicago, North- tunity to direct a few comments to the eastern Illinois University, Elmhurst Col- Senator from Alaska. I say to my A bill (H.R. 207) to amend title 5, United lege, and Chicago State University; Now, friend from Alaska, I remember about States Code, to provide that physicians com- therefore, be it parability allowances pay for retirement a year ago at this time the Senator Resolved, That the Senate— from Alaska gave me as a token of rec- purposes. (1) commemorates the life of Gwendolyn There being no objection, the Senate Brooks and celebrates the accomplishments ognition a Tasmanian devil tie. Now, coming from Senator STEVENS, proceeded to consider the bill. she made not just to the State of Illinois, who has such a record in the Senate, Mr. STEVENS. Mr. President, I ask but to the entire United States of America that meant a lot to me. In celebration unanimous consent that the bill be as a poet and artist; and (2) extends its deepest sympathies to her of our ending the session today, I wore read a third time and passed, the mo- daughter Nora and son Henry. this tie. I say this because in all sin- tion to reconsider be laid upon the f cerity it meant a lot to me when Sen- table, and that any statements relating ator STEVENS gave me this tie. You to the bill be printed in the RECORD. UNANIMOUS CONSENT have been a role model for me since I The PRESIDING OFFICER. Without AGREEMENT—H.R. 3549 came to Washington almost 20 years objection, it is so ordered. Mr. STEVENS. Mr. President, I ask ago. You have a record that is unsur- The bill (H.R. 207) was read the third unanimous consent that when the Sen- passed for doing good things for your time and passed. ate receives from the House H.R. 3549 State as well as being an effective lead- f regarding the repeal of the modifica- er. I have served with the Senator from tion of the installment method, the bill COMMEMORATING THE LIFE OF Alaska my entire time in the Senate be read the third time and passed, and GWENDOLYN BROOKS on the Appropriations Committee, and the motion to reconsider be laid upon I have admired the work done. I re- Mr. STEVENS. Mr. President, I ask the table. I further ask consent that spected the tenacity shown, often for unanimous consent that the Senate the above occur with no intervening the people of the State of Alaska and proceed to the consideration of S. Res. action or debate, and I further ask con- other causes for which he believes. 393 introduced earlier today by Senator sent this agreement be vitiated if the I wish to publicly state how appre- DURBIN and Senator FITZGERALD. text is different than that which is now ciative I am of this token, this honor The PRESIDING OFFICER. The at the desk. the Senator gave me. clerk will report. The PRESIDING OFFICER. Without Mr. STEVENS. I am overwhelmed by The assistant legislative clerk read objection, it is so ordered. that statement and my good friend. I as follows: f noticed the Tasmanian devil tie. I A resolution (S. Res. 393) commemorating enjoy those ties, and I hope the Sen- the life of Gwendolyn Brooks of Chicago, Illi- APPOINTMENT ator enjoys his. I certainly enjoy our nois, poet laureate of Illinois since 1968. Mr. STEVENS. Mr. President, I ask association. There being no objection, the Senate unanimous consent that the appoint- I served as whip for 8 years. I know proceeded to consider the resolution. ment that is at the desk appear sepa- the distinguished Senator from Nevada

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.209 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11941 has the same job I had. I was the mi- coordinating committee to ensure, through exist- SEC. 4. REPEAL. nority whip for a while and the major- ing interagency task forces or other means, that Section 1738 of title 18, United States Code, ity whip for a while; he has, too, served the creation and distribution of false identifica- and the item relating to that section in the table of contents for chapter 83 of that title, are re- in the capacity. We have a great deal in tion documents (as defined in section 1028(d)(3) of title 18, United States Code, as added by sec- pealed. common, and I am delighted to have tion 3(2) of this Act) is vigorously investigated SEC. 5. EFFECTIVE DATE. him as a friend. and prosecuted. This Act and the amendments made by this The PRESIDING OFFICER. Is there (b) MEMBERSHIP.—The coordinating com- Act shall take effect 90 days after the date of objection to the previous request made mittee shall consist of the Director of the United enactment of this Act. by the Senator from Alaska? States Secret Service, the Director of the Federal Ms. COLLINS. Mr. President, I am Without objection, it is so ordered. Bureau of Investigation, the Attorney General, pleased that the Senate will today give f the Commissioner of Social Security, and the final approval to legislation I intro- Commissioner of Immigration and Naturaliza- duced to curb the availability of false MEASURE READ FOR THE FIRST tion, or their respective designees. identification via the Internet. TIME—S. 3283 (c) TERM.—The coordinating committee shall terminate 2 years after the effective date of this Let me thank my many colleagues in Mr. STEVENS. I understand that S. Act. both the House and Senate for their 3283 is at the desk, and I ask for its (d) REPORT.— hard work in moving this measure first reading. (1) IN GENERAL.—The Attorney General and quickly through the legislative proc- The PRESIDING OFFICER. The the Secretary of the Treasury, at the end of ess. In particular, I appreciate the sup- clerk will read the bill for the first each year of the existence of the committee, port and assistance of Chairman HENRY shall report to the Committee on the Judiciary of time. HYDE of the House Judiciary Com- The assistant legislative clerk read the Senate and the Committee on the Judiciary of the House of Representatives on the activities mittee, as well as the work of Con- as follows: of the committee. gressman HOWARD COBLE, Congressman A bill (S. 3283) to reauthorize and amend (2) CONTENTS.—The report referred in para- HOWARD BERMAN, Congressman JOHN the Commodity Exchange Act to promote graph (1) shall include— CONYERS, and Congressman BILL legal certainty, enhance competition, and re- (A) the total number of indictments and infor- MCCOLLUM. In addition to their efforts, duce systemic risk in markets for futures mations, guilty pleas, convictions, and acquit- I want to praise the strong support of and over-the-counter derivatives, and for tals resulting from the investigation and pros- Congressman MARK GREEN, who intro- other purposes. ecution of the creation and distribution of false duced a similar bill in the House. En- Mr. STEVENS. Mr. President, on be- identification documents during the preceding actment of this bill would not have half of the leader, I now ask for its sec- year; (B) identification of the Federal judicial dis- been possible without the consistent ond reading, and I object to that. support of the chairman of the Judici- The PRESIDING OFFICER. The ob- tricts in which the indictments and informations were filed, and in which the subsequent guilty ary Committee, Senator HATCH, as well jection is heard. pleas, convictions, and acquittals occurred; as the assistance of Senators KYL, The bill will be read the second time (C) specification of the Federal statutes uti- LEAHY, FEINSTEIN, and DURBIN. on the next legislative day. lized for prosecution; The bill before the Senate today will f (D) a brief factual description of significant make important improvements in our investigations and prosecutions; THANKING MARSHALL DOVE laws against the distribution and use of (E) specification of the sentence imposed as a false identification. As I found during a Mr. STEVENS. I think we are getting result of each guilty plea and conviction; and lengthy investigation of the avail- down to the end. Today is not only the (F) recommendations, if any, for legislative changes that could facilitate more effective in- ability of false identification on the last day of the 106th Congress, but it is vestigation and prosecution of the creation and Internet, our current laws have done also the last day of Marshall Dove, who distribution of false identification documents. little to stop a growing Internet mar- served in the Senate on the Republican SEC. 3. FALSE IDENTIFICATION. ket in every imaginable type of false Cloakroom staff. Section 1028 of title 18, United States Code, is identification. Whether via e-mail or She has been here, now, for close to 3 amended— from a Web site with a name such as years and will now change careers. I (1) in subsection (c)(3)(A), by inserting ‘‘, in- thefakeidshop.com, everything from have asked for this opportunity to wish cluding the transfer of a document by electronic birth certificates, to Social Security her the best in all the new challenges means’’ after ‘‘commerce’’; and cards, to driver’s licenses, are being she may face. We thank her for her (2) in subsection (d)— sold or traded through the ease of (A) in paragraph (1), by inserting ‘‘template, dedication and service in the Senate. computer file, computer disc,’’ after ‘‘impres- cyberspace. f sion,’’; Testimony before the Subcommittee on Investigations demonstrated that UNANIMOUS CONSENT (B) in paragraph (5), by striking ‘‘and’’ after the semicolon; the availability of false identification AGREEMENT—S. 2924 (C) by redesignating paragraph (6) as para- documents from the Internet is a grow- Mr. STEVENS. Mr. President, I ask graph (8); ing problem. Special Agent David unanimous consent that when the Sen- (D) by redesignating paragraphs (3) through Myers, Identification Fraud Coordi- ate receives the message from the (5) as paragraphs (4) through (6), respectively; nator of the State of Florida’s Division House on S. 2924 the Senate proceed to (E) by inserting after paragraph (2) the fol- of Alcoholic Beverages and Tobacco, lowing: its immediate consideration and agree ‘‘(3) the term ‘false identification document’ testified that two years ago only one to the amendment of the House pro- means a document of a type intended or com- percent of false identification docu- viding that language is identical to the monly accepted for the purposes of identifica- ments came from the Internet. Last language I send to the desk. tion of individuals that— year, he testified, a little less than five The PRESIDING OFFICER. Without ‘‘(A) is not issued by or under the authority of percent came from the Internet. Now objection, it is so ordered. a governmental entity; and he estimates that about 30 percent of The Senate concurred in the amend- ‘‘(B) appears to be issued by or under the au- the false identification documents he ment of the House, as follows: thority of the United States Government, a State, a political subdivision of a State, a for- seizes comes from the Internet. He pre- Resolved, That the bill from the Senate (S. eign government, a political subdivision of a for- dicts that by next year his unit will 2924) entitled ‘‘An Act to strengthen the en- eign government, or an international govern- find at least 60 to 70 percent of the forcement of Federal statutes relating to mental or quasi-governmental organization;’’; false identification documents they false identification, and for other purposes’’, and seize will come from the Internet. do pass with the following amendment: (F) by inserting after paragraph (6), as redes- S. 2924 will put a stop to this wide- Strike out all after the enacting clause and ignated, the following: spread distribution of false identifica- insert: ‘‘(7) the term ‘transfer’ includes selecting an tion, which can be used to commit SECTION 1. SHORT TITLE. identification document, false identification identity theft, to facilitate serious fi- This Act may be cited as the ‘‘Internet False document, or document-making implement and Identification Prevention Act of 2000’’. placing or directing the placement of such iden- nancial crimes, and to facilitate the underage purchase of alcohol and to- SEC. 2. COORDINATING COMMITTEE ON FALSE tification document, false identification docu- IDENTIFICATION. ment, or document-making implement on an on- bacco. The new law will make clear (a) IN GENERAL.—The Attorney General and line location where it is available to others; that it is a crime to transfer false iden- the Secretary of the Treasury shall establish a and’’. tification documents by electronic

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\G15DE6.213 pfrm04 PsN: S15PT2 S11942 CONGRESSIONAL RECORD — SENATE December 15, 2000 means, and that those documents can duced the Senate version of this bill, S. tinue to be hamstrung in their efforts be in the form of computer files, discs, 1314, on July 1, 1999, with Senator to crack down on computer crimes. or templates. DEWINE and is now also co-sponsored I crafted the Computer Crime En- I expect strong action by law enforce- by Senators ROBB, HATCH and ABRA- forcement Act, S. 1314, to address this ment agencies to enforce both the ex- HAM. This legislation also passed the problem. The bill would authorize a $25 isting provisions of title 18, section Senate as part of H.R. 46, the Public million Department of Justice grant 1028, and the expanded authority pro- Safety Officer Medal of Valor Act. I program to help states prevent and vided by this legislation. The intent of thank my colleagues for their hard prosecute computer crime. Grants S. 2924 is simple and clear—to stop work on the Computer Crime Enforce- under our bipartisan bill may be used those who use the Internet to sell, dis- ment Act, especially Representative to provide education, training, and en- tribute, or make available false identi- MATT SALMON, the House sponsor. forcement programs for local law en- fication. The information age is filled with un- forcement officers and prosecutors in I am pleased that the new law will limited potential for good, but it also the rapidly growing field of computer make it a crime to place false identi- creates a variety of new challenges for criminal justice. Our legislation has fication, regardless of its format, on an law enforcement. A recent survey by been endorsed by the Information on-line location. Thus, the posting of the FBI and the Computer Security In- Technology Association of America such tools as scanned false identifica- stitute found that 62 percent of infor- and the Fraternal Order of Police. This tion documents or templates of state mation security professionals reported is an important bipartisan effort to driver’s licenses on Web sites will, computer security breaches in the past provide our state and local partners in without doubt, be illegal. year. These breaches in computer secu- crime-fighting with the resources they Mr. President, I am pleased that the rity resulted in financial losses of more need to address computer crime. House retained the provisions that will than $120 million from fraud, theft of Mr. STEVENS. I ask unanimous con- establish a coordinating committee to information, sabotage, computer vi- sent the bill be read the third time and concentrate resources of federal agen- ruses, and stolen laptops. Computer passed, the motion to reconsider be cies on investigating and prosecuting crime has become a multi-billion dollar laid on the table, and any statements the creation of false identification. problem. relating to the bill be printed in the This multi-agency effort should draw The Computer Crime Enforcement RECORD. on the resources of several agencies to Act is intended to help states and local The PRESIDING OFFICER. Without investigate and prosecute those who agencies in fighting computer crime. objection, it is so ordered. engage in the production and transfer All 50 states have now enacted tough The bill (H.R. 2816) was read the third of false identification of any type. I computer crime control laws. They es- time and passed. urge the Attorney General and the Sec- tablish a firm groundwork for elec- f retary of the Treasury to involve all tronic commerce, an increasingly im- THANKING OUR CREATOR agencies that can assist in curbing the portant sector of the nation’s economy. use of false identification. Unfortunately, too many state and Mr. STEVENS. Mr. President, I want The House also approved another im- local law enforcement agencies are to publicly state I think we ought to portant portion of the Senate bill—the struggling to afford the high cost of en- thank our Creator for giving us the op- elimination of a section of law that un- forcing their state computer crime portunity to serve in this body, and to fortunately allowed criminals to manu- statutes. have a period of time like we have just facture, distribute, or sell counterfeit Earlier this year, I released a survey come through, where I have been able identification documents by using eas- on computer crime in Vermont. My of- to speak for people of different nation- ily removable disclaimers as part of an fice surveyed 54 law enforcement agen- alities, different tongues, who have attempt to shield the illegal conduct cies in Vermont—43 police departments come to our country and sought free- from prosecution through a bogus and 11 State’s attorney offices—on dom and an opportunity to work for claim of ‘‘novelty.’’ No longer will it be their experience investigating and themselves, so that they will now be acceptable to provide computer tem- prosecuting computer crimes. The sur- able to continue that work. It really is, plates of government-issued identifica- vey found that more than half of these to me, a very significant day. To be tion containing an easily removable Vermont law enforcement agencies en- able to accomplish this is very much a layer saying that it is not a govern- counter computer crime, with many humbling experience. ment document. police departments and state’s attor- f I thank my colleagues for their sup- ney offices handling 2 to 5 computer ADJOURNMENT SINE DIE crimes per month. port of this important legislation. Mr. STEVENS. I now ask unanimous f Despite this documented need, far too many law enforcement agencies in consent the Senate stand in adjourn- COMPUTER CRIME ENFORCEMENT Vermont cannot afford the cost of po- ment sine die under the provisions of ACT licing against computer crimes. Indeed, H. Con. Res. 446. There being no objection, at 8:03 Mr. STEVENS. Mr. President, I ask my survey found that 98 percent of the p.m., the Senate adjourned sine die. unanimous consent the Senate proceed responding Vermont law enforcement to the immediate consideration of H.R. agencies do not have funds dedicated f 2816. for use in computer crime enforcement. NOMINATIONS The PRESIDING OFFICER. The My survey also found that few law en- Executive nominations received by clerk will report the bill by title. forcement officers in Vermont are the Senate December 15, 2000: The legislative clerk read as follows: properly trained in investigating com- DEPARTMENT OF AGRICULTURE A bill (H.R. 2816) to establish a grant pro- puter crimes and analyzing cyber-evi- ISLAM A. SIDDIQUI, OF CALIFORNIA, TO BE UNDER SEC- gram to permit State and local law enforce- dence. RETARY OF AGRICULTURE FOR MARKETING AND REGU- ment in deterring, investigating, and pros- According to my survey, 83 percent of LATORY PROGRAMS, VICE MICHAEL V. DUNN. ecuting computer crimes. responding law enforcement agencies ENVIRONMENTAL PROTECTION AGENCY There being no objection, the Senate in Vermont do not employ officers EDWIN A. LEVINE, OF FLORIDA, TO BE AN ASSISTANT properly trained in computer crime in- ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION proceeded to consider the bill. AGENCY, VICE DAVID GARDINER, RESIGNED. f vestigative techniques. Moreover, my survey found that 52 percent of the law OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION H.R. 2816, THE COMPUTER CRIME enforcement agencies that handle one ENFORCEMENT ACT SARAH MCCRACKEN FOX, OF NEW YORK, TO BE A MEM- or more computer crimes per month BER OF THE OCCUPATIONAL SAFETY AND HEALTH RE- Mr. LEAHY. Mr. President, I am cited their lack of training as a prob- VIEW COMMISSION FOR A TERM EXPIRING APRIL 27, 2005, pleased that the Senate is passing the lem encountered during investigations. VICE STUART E. WEISBERG, TERM EXPIRED. Computer Crime Enforcement Act, Without the necessary education, DEPARTMENT OF JUSTICE which is now headed to President Clin- training and technical support, our law JULIE E. SAMUELS, OF VIRGINIA, TO BE DIRECTOR OF THE NATIONAL INSTITUTE OF JUSTICE, VICE JEREMY ton for his signature into law. I intro- enforcement officers are and will con- TRAVIS, RESIGNED.

VerDate 15-DEC-2000 01:43 Dec 18, 2000 Jkt 089060 PO 00000 Frm 00088 Fmt 4624 Sfmt 9801 E:\CR\FM\A15DE6.139 pfrm04 PsN: S15PT2 December 15, 2000 CONGRESSIONAL RECORD — SENATE S11943 CONFIRMATIONS STATES INSTITUTE OF PEACE FOR A TERM EXPIRING HARRY S TRUMAN SCHOLARSHIP FOUNDATION JANUARY 19, 2003. Executive Nominations Confirmed by the FREDERICK G. SLABACH, OF CALIFORNIA, TO BE A DEPARTMENT OF STATE MEMBER OF THE BOARD OF TRUSTEES OF THE HARRY S Senate December 15, 2000: TRUMAN SCHOLARSHIP FOUNDATION FOR A TERM EX- LUIS J. LAUREDO, OF FLORIDA, TO BE PERMANENT PIRING DECEMBER 10, 2005. MORRIS K. UDALL SCHOLARSHIP & EXCELLENCE REPRESENTATIVE OF THE UNITED STATES TO THE OR- IN NATIONAL ENVIRONMENTAL POLICY FOUN- GANIZATION OF AMERICAN STATES, WITH THE RANK OF UNITED STATES INSTITUTE OF PEACE DATION AMBASSADOR. RUST MACPHERSON DEMING, OF MARYLAND, A CA- BETTY F. BUMPERS, OF ARKANSAS, TO BE A MEMBER ERIC D. EBERHARD, OF WASHINGTON, TO BE A MEMBER REER MEMBER OF THE SENIOR FOREIGN SERVICE, OF THE BOARD OF DIRECTORS OF THE UNITED STATES OF THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR INSTITUTE OF PEACE FOR A TERM EXPIRING JANUARY SCHOLARSHIP & EXCELLENCE IN NATIONAL ENVIRON- EXTRAORDINARY AND PLENIPOTENTIARY OF THE 19, 2001. MENTAL POLICY FOUNDATION FOR A TERM EXPIRING UNITED STATES OF AMERICA TO THE REPUBLIC OF TUNI- BETTY F. BUMPERS, OF ARKANSAS, TO BE A MEMBER OCTOBER 6, 2002. SIA. OF THE BOARD OF DIRECTORS OF THE UNITED STATES RONALD D. GODARD, OF TEXAS, A CAREER MEMBER OF INSTITUTE OF PEACE FOR A TERM EXPIRING JANUARY UNITED STATES INSTITUTE OF PEACE THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- 19, 2005. BARBARA W. SNELLING, OF VERMONT, TO BE A MEM- BARBARA W. SNELLING, OF VERMONT, TO BE A MEM- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND BER OF THE BOARD OF DIRECTORS OF THE UNITED BER OF THE BOARD OF DIRECTORS OF THE UNITED PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA STATES INSTITUTE OF PEACE FOR A TERM EXPIRING STATES INSTITUTE OF PEACE FOR A TERM EXPIRING TO THE CO-OPERATIVE REPUBLIC OF GUYANA. JANUARY 19, 2005. JANUARY 19, 2001. MICHAEL J. SENKO, OF THE DISTRICT OF COLUMBIA, A HOLLY J. BURKHALTER, OF THE DISTRICT OF COLUM- MARC E. LELAND, OF VIRGINIA, TO BE A MEMBER OF CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, BIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE BOARD OF DIRECTORS OF THE UNITED STATES IN- CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE UNITED STATES INSTITUTE OF PEACE FOR A TERM STITUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, DINARY AND PLENIPOTENTIARY OF THE UNITED STATES EXPIRING JANUARY 19, 2005. 2003. OF AMERICA TO THE REPUBLIC OF THE MARSHALL IS- MORA L. MCLEAN, OF NEW YORK, TO BE A MEMBER OF HARRIET M. ZIMMERMAN, OF FLORIDA, TO BE A MEM- LANDS, AND TO SERVE CONCURRENTLY AND WITHOUT THE BOARD OF DIRECTORS OF THE UNITED STATES IN- BER OF THE BOARD OF DIRECTORS OF THE UNITED ADDITIONAL COMPENSATION AS AMBASSADOR EX- STITUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, STATES INSTITUTE OF PEACE FOR A TERM EXPIRING TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED 2001. JANUARY 19, 2003. STATES OF AMERICA TO THE REPUBLIC OF KIRIBATI. MORA L. MCLEAN, OF NEW YORK, TO BE A MEMBER OF HOLLY J. BURKHALTER, OF THE DISTRICT OF COLUM- HOWARD FRANKLIN JETER, OF SOUTH CAROLINA, A CA- THE BOARD OF DIRECTORS OF THE UNITED STATES IN- BIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF REER MEMBER OF THE SENIOR FOREIGN SERVICE, STITUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, THE UNITED STATES INSTITUTE OF PEACE FOR A TERM CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR 2005. EXPIRING JANUARY 19, 2001. EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE FEDERAL REPUB- MARIA OTERO, OF THE DISTRICT OF COLUMBIA, TO BE BARRY GOLDWATER SCHOLARSHIP & LIC OF NIGERIA. A MEMBER OF THE BOARD OF DIRECTORS OF THE EXCELLENCE IN EDUCATION FOUNDATION LAWRENCE GEORGE ROSSIN, OF CALIFORNIA, A CA- UNITED STATES INSTITUTE OF PEACE FOR A TERM EX- REER MEMBER OF THE SENIOR FOREIGN SERVICE, PIRING JANUARY 19, 2003. DONALD J. SUTHERLAND, OF NEW YORK, TO BE A MEM- CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- DEPARTMENT OF JUSTICE BER OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION OF AMERICA TO THE REPUBLIC OF CROATIA. RANDOLPH D. MOSS, OF MARYLAND, TO BE AN ASSIST- FOUNDATION FOR A TERM EXPIRING AUGUST 11, 2002. BRIAN DEAN CURRAN, OF FLORIDA, A CAREER MEMBER ANT ATTORNEY GENERAL. DEPARTMENT OF COMMERCE OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- DAVID W. OGDEN, OF VIRGINIA, TO BE AN ASSISTANT COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND ATTORNEY GENERAL. ARTHUR C. CAMPBELL, OF TENNESSEE, TO BE ASSIST- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DANIEL MARCUS, OF MARYLAND, TO BE ASSOCIATE AT- ANT SECRETARY OF COMMERCE FOR ECONOMIC DEVEL- TO THE REPUBLIC OF HAITI. TORNEY GENERAL. OPMENT. GLENN A. FINE, OF MARYLAND, TO BE INSPECTOR GEN- AGENCY FOR INTERNATIONAL DEVELOPMENT APPALACHIAN REGIONAL COMMISSION ERAL, DEPARTMENT OF JUSTICE. BARRY EDWARD CARTER, OF THE DISTRICT OF COLUM- LORETTA E. LYNCH, OF NEW YORK, TO BE UNITED ELLA WONG-RUSINKO, OF VIRGINIA, TO BE ALTERNATE BIA, TO BE AN ASSISTANT ADMINISTRATOR OF THE STATES ATTORNEY FOR THE EASTERN DISTRICT OF NEW FEDERAL COCHAIRMAN OF THE APPALACHIAN RE- UNITED STATES AGENCY FOR INTERNATIONAL DEVEL- YORK FOR THE TERM OF FOUR YEARS. GIONAL COMMISSION. OPMENT. FOREIGN SERVICE DEPARTMENT OF STATE INTERNATIONAL MONETARY FUND FOREIGN SERVICE NOMINATIONS BEGINNING AVIS T. RICHARD A. BOUCHER, OF MARYLAND, A CAREER MEM- MARGRETHE LUNDSAGER, OF VIRGINIA, TO BE UNITED BOHLEN, AND ENDING MARK YOUNG, WHICH NOMINA- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- STATES ALTERNATE EXECUTIVE DIRECTOR OF THE TIONS WERE RECEIVED BY THE SENATE AND APPEARED ISTER-COUNSELOR, TO BE AN ASSISTANT SECRETARY OF INTERNATIONAL MONETARY FUND FOR A TERM OF TWO IN THE CONGRESSIONAL RECORD ON OCTOBER 6, 2000. STATE (PUBLIC AFFAIRS). YEARS. FOREIGN SERVICE NOMINATIONS BEGINNING JOHN F. ALOIA, AND ENDING PAUL G. CHURCHILL, WHICH NOMI- DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY NATIONS WERE RECEIVED BY THE SENATE AND AP- LISA GAYLE ROSS, OF THE DISTRICT OF COLUMBIA, TO PEARED IN THE CONGRESSIONAL RECORD ON JULY 26, LISA GAYLE ROSS, OF THE DISTRICT OF COLUMBIA, TO BE AN ASSISTANT SECRETARY OF THE TREASURY. RUTH 2000. BE CHIEF FINANCIAL OFFICER, DEPARTMENT OF THE MARTHA THOMAS, OF THE DISTRICT OF COLUMBIA, TO FOREIGN SERVICE NOMINATIONS BEGINNING GUY TREASURY. BE A DEPUTY UNDER SECRETARY OF THE TREASURY. EDGAR OLSON, AND ENDING DEBORAH ANNE BOLTON, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE JONATHAN TALISMAN, OF MARYLAND, TO BE AN AS- AFRICAN DEVELOPMENT FOUNDATION SISTANT SECRETARY OF THE TREASURY. AND APPEARED IN THE CONGRESSIONAL RECORD ON CLAUDE A. ALLEN, OF VIRGINIA, TO BE A MEMBER OF SEPTEMBER 7, 2000. AGENCY FOR INTERNATIONAL DEVELOPMENT THE BOARD OF DIRECTORS OF THE AFRICAN DEVELOP- FOREIGN SERVICE NOMINATIONS BEGINNING JAMES A. HRADSKY, AND ENDING MICHAEL J. WILLIAMS, WHICH EVERETT L. MOSLEY, OF VIRGINIA, TO BE INSPECTOR MENT FOUNDATION FOR A TERM EXPIRING SEPTEMBER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- GENERAL, AGENCY FOR INTERNATIONAL DEVELOP- 22, 2005. PEARED IN THE CONGRESSIONAL RECORD ON SEP- MENT. WILLIE GRACE CAMPBELL, OF CALIFORNIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE AFRICAN TEMBER 7, 2000. DEPARTMENT OF LABOR DEVELOPMENT FOUNDATION FOR A TERM EXPIRING GORDON S. HEDDELL, OF VIRGINIA, TO BE INSPECTOR SEPTEMBER 22, 2005. f GENERAL, DEPARTMENT OF LABOR. BARRY GOLDWATER SCHOLARSHIP AND CORPORATION FOR NATIONAL AND COMMUNITY EXCELLENCE IN EDUCATION FOUNDATION WITHDRAWALS SERVICE MICHAEL PRESCOTT GOLDWATER, OF ARIZONA, TO BE Executive messages transmitted by MARK D. GEARAN, OF MASSACHUSETTS, TO BE A MEM- A MEMBER OF THE BOARD OF TRUSTEES OF THE BARRY BER OF THE BOARD OF DIRECTORS OF THE CORPORA- GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDU- the President to the Senate on Decem- TION FOR NATIONAL AND COMMUNITY SERVICE FOR A CATION FOUNDATION FOR A TERM EXPIRING OCTOBER ber 15, 2000, withdrawing from further TERM OF TWO YEARS. 13, 2005. Senate consideration the following NATIONAL SCIENCE FOUNDATION DEPARTMENT OF COMMERCE nominations: MARK S. WRIGHTON, OF MISSOURI, TO BE A MEMBER ROBERT S. LARUSSA, OF MARYLAND, TO BE UNDER OCCUPATIONAL SAFETY AND HEALTH REVIEW OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE SECRETARY OF COMMERCE FOR INTERNATIONAL TRADE. FOUNDATION, FOR A TERM EXPIRING MAY 10, 2006. MARJORY E. SEARING, OF MARYLAND, TO BE ASSISTANT COMMISSION SECRETARY OF COMMERCE AND DIRECTOR GENERAL OF DEPARTMENT OF LABOR STUART E. WEISBERG, OF MARYLAND, TO BE A MEM- THE UNITED STATES AND FOREIGN COMMERCIAL SERV- BER OF THE OCCUPATIONAL SAFETY AND HEALTH RE- ICE. LESLIE BETH KRAMERICH, OF VIRGINIA, TO BE AN AS- VIEW COMMISSION FOR A TERM EXPIRING APRIL 27, 2005, SISTANT SECRETARY OF LABOR. FEDERAL DEPOSIT INSURANCE CORPORATION WHICH WAS SENT TO THE SENATE ON FEBRUARY 3, 2000. UNITED STATES INSTITUTE OF PEACE STUART E. WEISBERG, OF MARYLAND, TO BE A MEM- JOHN M. REICH, OF VIRGINIA, TO BE A MEMBER OF THE BER OF THE OCCUPATIONAL SAFETY AND HEALTH RE- SEYMOUR MARTIN LIPSET, OF VIRGINIA, TO BE A MEM- BOARD OF DIRECTORS OF THE FEDERAL DEPOSIT INSUR- VIEW COMMISSION FOR A TERM EXPIRING APRIL 27, 2005, BER OF THE BOARD OF DIRECTORS OF THE UNITED ANCE CORPORATION FOR A TERM OF SIX YEARS. WHICH WAS SENT TO THE SENATE ON MAY 11, 2000.

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