June 30, 2000 CONGRESSIONAL RECORD—SENATE 13301 SENATE—Friday, June 30, 2000

The Senate met at 9:31 a.m. and was Labor, Health and Human Services, Mr. FRIST. I object to further pro- called to order by the President pro and Education appropriations bill. ceedings on this bill at this time. tempore [Mr. THURMOND]. Under the previous order, there are The PRESIDING OFFICER. The bill several votes remaining on amend- will be placed on the calendar. PRAYER ments to the bill, including the f Wellstone amendment regarding drug The Chaplain, Dr. Lloyd John THE DEPARTMENTS OF LABOR, pricing, the Helms amendment regard- Ogilvie, offered the following prayer: HEALTH AND HUMAN SERVICES, ing school facilities, the Harkin Spirit of the living God, fall afresh on AND EDUCATION, AND RELATED amendment regarding IDEA, and any this Senate Chamber, enter the mind AGENCIES APPROPRIATIONS, 2001 and heart of each Senator, and reign as amendment that is not cleared within Sovereign over all that is said and done the managers’ package, and disposition The PRESIDING OFFICER. Under this day. We confess that it is some- of the point of order, along with a vote the previous order, the Senate will now times easier to use pious words to pray on final passage of the Labor-HHS ap- resume consideration of H.R. 4577, about Your presence and power than it propriations bill, and possibly a vote which the clerk will report. The legislative clerk read as follows: is to turn over the control of our lives on the adoption of the conference re- A bill (H.R. 4577) making appropriations and our work to You. We are strong port to accompany the military con- struction appropriations bill. for the Departments of Labor, Health and willed people, we want things done our Human Services, and Education, and related way, and often we are better at manip- The leader has asked that I pass on agencies for the fiscal year ending Sep- ulation than meditation and medi- his message to urge Senators to remain tember 30, 2001, and for other purposes. ation. Built right into our two party in the Chamber during votes in order Pending: system is the potential for discord and to expedite the conclusion of the pro- Helms amendment No. 3697, to prohibit the the lack of civility. It is so easy for us ceedings. expenditure of certain appropriated funds for to get suited up like mountain climb- f the distribution or provision of, or the provi- ers and then scramble over molehills. sion of a prescription for, postcoital emer- RESERVATION OF LEADER TIME Procedures can become more impor- gency contraception. tant than progress and winning more The PRESIDING OFFICER. Under Wellstone amendment No. 3698, to provide for a limitation on the use of funds for cer- crucial than being willing to work to- the previous order, the leadership time is reserved. tain agreements involving the conveyance of gether. Now at the beginning of this licensing of a drug. day remind the Senators and all of us f Harkin amendment No. 3699, to fully fund who serve with them that this is Your the programs of the Individuals with Disabil- Senate, that we are accountable to MEASURE PLACED ON ities Education Act. You, and that we could not breathe our CALENDAR—H.R. 4680 Mr. SPECTER. Mr. President, one next breath without Your permission. Mr. SPECTER. Mr. President, before item came up in the course of the con- Keep our attention on what needs to be we proceed to the Wellstone amend- sideration of the bill on which I com- done now rather than on how what is ment, I understand there is a bill at mented I would respond to regarding said and done now will impact the No- the desk due for its second reading. the increase in this bill over last year’s vember election. In our mind’s eye we The PRESIDING OFFICER. The bill. picture a day in which we put You and clerk will report. This year’s bill contains a program our Nation first. We humble ourselves The legislative clerk read as follows: level of $104.5 billion for fiscal year lest we be humiliated by missing the A bill (H.R. 4680) to amend title XVIII of 2001. This is a $7.9 billion increase over call to greatness. In Your all powerful the Social Security Act to provide for a vol- fiscal year 2000, which had a program name. Amen. untary program for prescription drug cov- level of $96.6 billion. When assertions erage under the Medicare Program, to mod- f have been made that the bill has grown ernize the Medicare Program, and for other by 20.4 percent—that is over 20 per- purposes. PLEDGE OF ALLEGIANCE cent—that is not correct. That calcula- The Honorable LINCOLN D. CHAFEE, a Mr. SPECTER. Mr. President, on be- tion is made by comparing the fiscal Senator from the State of Rhode Is- half of the majority leader, I object to year 2001 program level of $104.5 billion land, led the Pledge of Allegiance, as further proceedings on that bill at this with the fiscal year 2000 budget author- follows: time. ity level of $86.5 billion. That is not an I pledge allegiance to the Flag of the The PRESIDING OFFICER. Under accurate comparison. United States of America, and to the Repub- the rule, the bill will be placed on the When you compare the 2001 actual lic for which it stands, one nation under God, calendar. program level to the 2000 program indivisible, with liberty and justice for all. (Action taken on June 29, 2000 but level, the real increase is 8.2 percent. f not printed in that edition of the This question has come up with some RECORD.) frequency. I thought it would be useful RECOGNITION OF THE ACTING f to make that explanation. MAJORITY LEADER Mr. President, I think we are now The PRESIDING OFFICER (Mr. L. MEASURE PLACED ON prepared to proceed to the Wellstone CHAFEE). The Senator from Pennsyl- CALENDAR—S. 2808 amendment. vania. Mr. FRIST. Mr. President, I under- Mr. WELLSTONE. Mr. President, be- f stand there is a bill at the desk due for fore we proceed, could I ask my col- its second reading. league, is it 2 minutes equally divided SCHEDULE The PRESIDING OFFICER. The or 4 minutes equally divided on each Mr. SPECTER. Mr. President, on be- clerk will report. amendment? half of the majority leader, I have been The legislative clerk read as follows: Mr. SPECTER. Mr. President, the asked to announce, as manager of the A bill (S. 2808) to amend the Internal Rev- Senator from Minnesota is correct. bill, that the Senate will immediately enue Code of 1986 to temporarily suspend the Each side has 1 minute, and then we go resume consideration of H.R. 4577, the Federal fuels tax. to the vote.

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

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 13302 CONGRESSIONAL RECORD—SENATE June 30, 2000 Mr. WELLSTONE. I thank the Sen- The assistant legislative clerk called about to cast, it is my understanding ator. the roll. that minors who seek a prescription AMENDMENT NO. 3698 Mr. NICKLES. I announce that the drug from a school-based health clinic The PRESIDING OFFICER. Under Senator from Utah (Mr. HATCH), is nec- can do so only after receiving consent the previous order, there will now be 2 essarily absent. from a parent or guardian. Given that minutes for explanation prior to a vote I further announce that, if present this standard is already in place, I on Wellstone amendment No. 3698. and voting, the Senator from Utah (Mr. don’t believe it is the place of the fed- Mr. WELLSTONE. Mr. President, HATCH), would vote ‘‘yes.’’ eral government to instruct states and this amendment reinstates the Bush Mr. REID. I announce that the Sen- localities what specific services can or administration’s policy of requiring a ator from California (Mrs. BOXER), the cannot be offered in these clinics—I reasonable pricing clause in the NIH Senator from Hawaii (Mr. INOUYE), the trust communities to decide for them- drug patent licensing agreements and Senator from Vermont (Mr. LEAHY), selves what services should be offered cooperative research agreements with and the Senator from New York (Mr. in their school-based clinics, based on pharmaceutical companies unless MOYNIHAN) are necessarily absent. their values and priorities. waived on public interest grounds. It The result was announced—yeas 56, The PRESIDING OFFICER. When the does not apply to universities. A very nays 39, as follows: conversations in the well have con- similar amendment passed by a 2-to-1 [Rollcall Vote No. 168 Leg.] cluded, we will be able to continue. margin in the House of Representa- YEAS—56 The Senator from North Carolina is tives. recognized for 1 minute. All this says is, when it is our public Abraham Enzi McCain Allard Fitzgerald McConnell Mr. HELMS. Mr. President, I thank dollars—taxpayer money, our constitu- Ashcroft Frist Murkowski the Chair. ents’ money—we expect that the drug Bennett Gorton Nickles I ask unanimous consent that it be in Biden Gramm companies, when they benefit from all Roberts order for me to make my remarks from Bond Grams Santorum this, will agree to charge our constitu- Breaux Hagel my chair. ents a reasonable price. Sessions Brownback Helms Shelby The PRESIDING OFFICER. Without Bunning Hutchinson I think this is an amendment that Smith (NH) objection, it is so ordered. Burns Hutchison should command widespread support. I Smith (OR) Campbell Inhofe Mr. HELMS. I thank the Chair. Snowe have offered this amendment with Sen- Cochran Kerrey Mr. President, a basic question—and Specter ator JOHNSON. It has support from the Collins Kyl I think a significant one—pending with National Council of Senior Citizens, Coverdell Landrieu Stevens Thomas this amendment is: Should the tax- Families USA, and the Committee to Craig Lautenberg Crapo Lieberman Thompson payers be required to pay for the con- Preserve Social Security and Medicare. DeWine Lott Thurmond troversial ‘‘morning-after pill’’—which I also want to say that I think Sen- Torricelli Dodd Lugar is identified as an abortifacient—to be ator LEVIN, last night, hit the nail on Domenici Mack Warner distributed to schoolgirls on school the head when he said: It is bad enough NAYS—39 property? The answer, Mr. President, is that we have exorbitant prices. It is Akaka Feingold Lincoln absolutely not. worse when we actually subsidize the Baucus Feinstein Mikulski But as CRS reported to me, federal research, and then we do not ask any- Bayh Graham Murray law does, indeed, permit the ‘‘morning- thing in return from these companies. Bingaman Grassley Reed The PRESIDING OFFICER. The Sen- Bryan Gregg Reid after pill’’ to be distributed at school- Byrd Harkin Robb health clinics. ator from Pennsylvania. Chafee, L. Hollings Rockefeller Mr. SPECTER. Mr. President, the ob- Cleland Jeffords Roth I urge my colleagues to prohibit jective of the Wellstone amendment is Conrad Johnson Sarbanes funds from the Labor, HHS, and Edu- laudable in trying to have reasonable Daschle Kennedy Schumer cation appropriations bill to be used to Dorgan Kerry Voinovich distribute the ‘‘morning-after pill’’ on prices. The difficulty is that this was Durbin Kohl Wellstone tried 7 or 8 years ago and was found to Edwards Levin Wyden school property. The PRESIDING OFFICER. All time be very counterproductive. Instead of NOT VOTING—5 encouraging tests and development of has expired. Who seeks recognition in Boxer Inouye Moynihan opposition? The Senator from Iowa. pharmaceutical products, it discour- Hatch Leahy aged them. We have already adopted Mr. HARKIN. How much time re- The motion to table was agreed to. the Wyden amendment which provides mains? Mr. SPECTER. Mr. President, I move The PRESIDING OFFICER. One for a study on this issue. to reconsider the vote. There are some very important mat- minute. Mr. McCONNELL. I move to lay that ters raised by the Senator from Min- Mr. HARKIN. Mr. President, let’s motion on the table. nesota. Our subcommittee will hold make it clear. We are not talking The motion to lay on the table was hearings on this subject shortly upon about an abortion bill. What we are agreed to. our return in July to try to find out talking about is a contraceptive pill a whether the NIH ought to have a share AMENDMENT NO. 3697 young woman would get, the morning of the patents or what would be a fair The PRESIDING OFFICER. Under after she may have been the victim of approach. There has been substantial the previous order, there will now be 2 rape or incest. This amendment does experience with what the Senator from minutes for explanation prior to the not deal with RU–486, it clearly states Minnesota suggests in the 1992, 1993, vote on the Helms amendment No. 3697. it is about denying contraceptive serv- 1994 range, and it was counter- Mr. SPECTER. Mr. President, I ask ices, and it has no exception for young productive. That is why, although the unanimous consent that the next votes victims of rape or incest. objective is laudable, I am forced to op- in this series be limited to 10 minutes Right now, under existing law, some pose the amendment. each. localities have chosen to provide mi- I move to table the Wellstone amend- The PRESIDING OFFICER. Without nors access to contraceptive pills ment and ask for the yeas and nays. objection, it is so ordered. through community health centers and The PRESIDING OFFICER. Is there a The Senate will be in order. There other programs that are based in the sufficient second? are a considerable number of votes to school. The decision to provide school- There appears to be a sufficient sec- come. based contraceptive services is a local ond. Mr. BYRD. Mr. President, I thank decision under current law. A local de- The question is on agreeing to the the Chair for trying to get order. Will cision. Not a federal one. But this motion to table the Wellstone amend- Senators please respect the Chair. amendment would change that. ment No. 3698. The clerk will call the Mr. ROBB. Mr. President, lest there This amendment says if a young roll. be any confusion on the vote we are woman has unprotected sex, or even if

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13303 she is the victim of rape or incest, and Mr. SPECTER. Mr. President, on be- The assistant legislative clerk called is panic stricken the next morning, she half of Senator HELMS, I ask unani- the roll. cannot take a contraceptive pill the mous consent to vitiate the yeas and Mr. NICKLES. I announce that the next morning, not knowing whether nays. Senator from Utah (Mr. HATCH) is nec- she is pregnant or not, in order to pre- The PRESIDING OFFICER. Without essarily absent. vent a pregnancy from occurring. objection, it is so ordered. I further announce that if present That is what this is about. The question is on agreeing to and voting, the Senator from Utah (Mr. And I want to reiterate that the amendment No. 3697. HATCH) would vote ‘‘no.’’ Helms amendment has no exception for The amendment (No. 3697) was agreed Mr. REID. I announce that the Sen- the victims of rape or incest. to. ator from California (Mrs. BOXER), the The PRESIDING OFFICER. The time Mr. SANTORUM. Mr. President, I Senator from Hawaii (Mr. INOUYE), the of the Senator is expired. move to reconsider the vote. Senator from Vermont (Mr. LEAHY), Mr. SPECTER. I move to table the Mr. GRAMM. I move to lay that mo- and the Senator from New York (Mr. amendment, and I ask for the yeas and tion on the table. MOYNIHAN), are necessarily absent. nays. The motion to lay on the table was The yeas and nays resulted—yeas 40, The PRESIDING OFFICER. Is there a agreed to. nays 55, as follows: sufficient second? AMENDMENT NO. 3699 [Rollcall Vote No. 170 Leg.] There is a sufficient second. The PRESIDING OFFICER. Under YEAS—40 The question is on agreeing to table the previous order, there will be 2 min- Akaka Edwards Lincoln the Helms amendment (No. 3697). The utes for explanation prior to a vote on Baucus Feinstein Mikulski clerk will call the roll. Bayh Harkin Harkin amendment No. 3699. The Sen- Murray The legislative clerk called the roll. Biden Hollings Reed Mr. NICKLES. I announce that the ator from Iowa is recognized for 1 Bingaman Jeffords Reid minute. Breaux Johnson Senator from Utah (Mr. HATCH) is nec- Robb Mr. HARKIN. Mr. President, this is a Bryan Kennedy Rockefeller essarily absent. Chafee, L. Kerrey Sarbanes simple amendment. It fully funds the Cleland Kerry I further announce that, if present Snowe Collins Kohl and voting, the Senator from Utah (Mr. Individuals With Disabilities Edu- Torricelli Daschle Landrieu cation Act. As far as I know, this is the Wellstone HATCH) would vote ‘‘no.’’ Dodd Lautenberg Mr. REID. I announce that the Sen- first time we in the Senate have had a Dorgan Levin Wyden ator from California (Mrs. BOXER), the chance to vote directly on whether to Durbin Lieberman Senator from Hawaii (Mr. INOUYE), the take the action to fully fund IDEA. NAYS—55 I cannot say it any better than our Senator from Vermont (Mr. LEAHY), Abraham Fitzgerald Murkowski and the Senator from New York (Mr. colleague from Vermont, Senator JEF- Allard Frist Nickles MOYNIHAN) are necessarily absent. FORDS, said it Wednesday night: Ashcroft Gorton Roberts The result was announced—yeas 41, This body has gone on record in vote after Bennett Graham Roth vote that we should fully fund IDEA. If we Bond Gramm Santorum nays 54, as follows: Brownback Grams can’t fully fund IDEA now with the budget Schumer [Rollcall Vote No. 169 Leg.] Bunning Grassley surpluses and the economy we have, when Sessions Burns Gregg Shelby YEAS—41 will we do it? I do not believe anyone can ra- Byrd Hagel Smith (NH) Akaka Edwards Lincoln Campbell Helms tionally argue that this is not the time to Smith (OR) Baucus Feingold Mikulski Cochran Hutchinson fulfill that promise. Specter Bayh Feinstein Murray Conrad Hutchison Stevens Biden Graham Reed I could not have said it any better. Coverdell Inhofe Thomas Bingaman Harkin Robb This is the first time I know of the Craig Kyl Thompson Bryan Hollings Rockefeller Crapo Lott Senate has ever gone on record. This is Thurmond Byrd Jeffords Sarbanes DeWine Lugar the vote to fully fund IDEA. We have Domenici Voinovich Campbell Kennedy Schumer Mack Chafee, L. Kerrey the surpluses. We have the money. Enzi McCain Warner Snowe Cleland Kerry Feingold McConnell Specter Let’s meet our goal. Collins Landrieu Torricelli The PRESIDING OFFICER. The Sen- Daschle Lautenberg NOT VOTING—5 Dodd Levin Wellstone ator from Pennsylvania. Boxer Inouye Moynihan Durbin Lieberman Wyden Mr. SPECTER. Mr. President, the Hatch Leahy NAYS—54 education budget now is $4.5 billion The PRESIDING OFFICER. On this over last year. We have increased IDEA Abraham Fitzgerald McCain vote, the yeas are 40, the nays are 55. Allard Frist McConnell by $1.3 billion. Sometimes we talk Three-fifths of the Senators duly cho- Ashcroft Gorton Murkowski about big spenders. Adding $8.75 billion sen and sworn not having voted in the Bennett Gramm Nickles is going to put a burden on the biggest Bond Grams Reid affirmative, the motion is rejected. Breaux Grassley Roberts spenders in this Chamber to support The point of order is sustained, and the Brownback Gregg Roth this kind of an increase. I want to see amendment falls. Bunning Hagel Santorum a lot more funding in a lot more places, The Senate will be in order. Burns Helms Sessions including IDEA, but this is just over Cochran Hutchinson Shelby Mr. SPECTER addressed the Chair. Conrad Hutchison Smith (NH) the top. I say that with great respect The PRESIDING OFFICER. The Sen- Coverdell Inhofe Smith (OR) for my esteemed colleague. ator will be recognized when the well is Craig Johnson Stevens Mr. President, I raise a point of order Crapo Kohl Thomas cleared. DeWine Kyl Thompson under 302(f) of the Budget Act that this The Senator from Pennsylvania. Domenici Lott Thurmond amendment would exceed the sub- AMENDMENTS NOS. 3700 THROUGH 3731, EN BLOC Dorgan Lugar Voinovich committee’s 302(b) allocation and is Enzi Mack Warner Mr. SPECTER. Mr. President, I now not in order. ask for the adoption of the managers’ NOT VOTING—5 Mr. HARKIN. Mr. President, I move package which has been cleared on Boxer Inouye Moynihan to waive the applicable sections of that both sides. Hatch Leahy act for the consideration of the pending The PRESIDING OFFICER. The The motion was rejected. amendment, and I ask for the yeas and clerk will report. Mr. HELMS. Mr. President, I move to nays. The assistant legislative clerk read reconsider the vote. The PRESIDING OFFICER. Is there a as follows: Mr. SANTORUM. I move to lay that sufficient second? The Senator from Pennsylvania [Mr. motion on the table. There is a sufficient second. SPECTER], for himself and Mr. HARKIN, pro- The motion to lay on the table was The question is on agreeing to the poses amendments numbered 3700 through agreed to. motion. The clerk will call the roll. 3731, en bloc.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 13304 CONGRESSIONAL RECORD—SENATE June 30, 2000 The amendments Nos. 3700 through viding treatment services tailored to America have begun to recognize the 3731, en bloc, are as follows: best serve the needs of their own home- value of fast access to AEDs and are AMENDMENT NO. 3700 less population. making them available to emergency (Purpose: To provide grants to develop and I thank the Chairman of the Com- responders. In many small rural com- expand substance abuse services programs mittee, who has been tireless in his ef- munities, however, limited budgets and for homeless individuals) forts to increase substance abuse treat- the fact that so many rely on volunteer On page 34, on line 13, before the colon, in- ment services for all Americans in organizations for emergency services sert the following: ‘‘, $10,000,000 shall be used need, and who has been so receptive to can make acquisition and appropriate to provide grants to local non-profit private this amendment and the needs of our training in the use of these life-saving and public entities to enable such entities to Nation’s homeless men and women. devices problematic. Our amendment develop and expand activities to provide sub- Thank you, Mr. President. I yield the will increase access to AEDs and stance abuse services to homeless individ- floor. trained local responders for smaller uals.’’. AMENDMENT NO. 3701 towns and rural areas in Maine and Ms. COLLINS. Mr. President, I rise (Purpose: To provide funds for the Web-Based elsewhere where those first on the today in support of the Collins-Reed Education Commission) scene may not be paramedics or others amendment to the Labor HHS Appro- On Page 68, line 23 before the colon, insert who would normally have AEDs. priations bill which will increase the the following: ‘‘, of which $250,000 shall be for I am pleased to be joined by my col- availability of funds to provide sub- the Web-Based Education Commission’’. league from Wisconsin who has led this stance abuse treatment services for our effort to increase access to AEDs in Nation’s homeless men and women. AMENDMENT NO. 3702 rural areas. I would like to extend my thanks to (Purpose: To provide funds for the purchase Mr. FEINGOLD. Thank you. I would Senator JACK REED who has joined as a of automated external defibrillators and like to commend my friend and col- cosponsor of this amendment and who the training of individuals in basic cardiac league from Maine for her leadership in has made increased funding for services life support) passing this amendment that will help to benefit the homeless one of his high- On page 24, line 1, strike ‘‘and’’. improve cardiac arrest survival rates est priorities. I would also like to ex- On page 24, line 7, insert before the colon across rural America by making AEDs the following: ‘‘, and of which $4,000,000 shall tend my thanks to Senators DOMENICI, more accessible. be provided to the Rural Health Outreach Of- I recently visited DeForest, Wis- FEINSTEIN, MIKULSKI, SARBANES, JEF- fice of the Health Resources and Services Ad- FORDS, KENNEDY, BINGAMAN, consin, where the area’s citizens and ministration for the awarding of grants to businesses recently finished a fund- WELLSTONE, LINCOLN CHAFEE, DODD, community partnerships in rural areas for LEAHY, DURBIN, SNOWE, EDWARDS and the purchase of automated external raising effort that resulted in the pur- MOYNIHAN, all of whom cosigned a let- defibrillators and the training of individuals chase of three new defibrillators. When ter to appropriators which I and Sen- in basic cardiac life support’’. I visited with the DeForest police de- ator REED sent earlier this year calling Ms. COLLINS. Mr. President, I am partment, they provided a real life ex- for an increase in funding for mental pleased that the managers have accept- ample of why we must increase the health and substance abuse treatment ed the amendment that I introduced availability of defibrillators: since they for the homeless. with my colleague from Wisconsin. I were purchased just three months ago, Like all Americans, homeless men thank the distinguished Chairman and two people have been saved by these and women need decent shelter, but in Ranking Member of the Labor-HHS Ap- devices. They helped show me that cardiac ar- many cases, homeless people also need propriations Subcommittee for their rest victims are in a race against time, treatment to address the underlying assistance and support. Our amend- and unfortunately, for those in many problem which has kept them on the ment will improve access to automated rural areas, Emergency Medical Serv- street. An estimated 25 percent to 40 external defibrillators, or AEDs, in ices have simply too far to go to reach percent of homeless people need pro- rural areas, where they are sorely people in need, and time runs out for grams to help them recover from drug needed to increase the chance that in- victims of cardiac arrest. It is simply and alcohol abuse illnesses. Despite the dividuals in these communities who not possible to have EMS units next to prevalence of these illnesses among our suffer cardiac arrest will survive. Join- every farm and small town across the nation’s homeless, very limited funds ing us in cosponsoring this amendment nation. This amendment will begin to are available to serve their specific are Senators JEFFORDS, BIDEN, ENZI, address this problem. treatment needs. MURRAY, ABRAHAM, WELLSTONE, BINGA- Just so my colleagues are aware, I For a variety of reasons, addicted MAN, ROBB, KERRY and REED. would like to ask my friend from homeless people often have difficulty Heart disease is the leading cause of Maine to describe how these grants will accessing mainstream treatment serv- death both in the State of Maine and be made. ices. For example, many substance the United States. According to the Ms. COLLINS. These grants will be abuse service providers are not American Heart Association, an esti- awarded on a competitive basis by the equipped to handle the complex social mated 250,000 Americans die each year Health Resources and Services Admin- and health issues that homeless per- from cardiac arrest. Many of these istration to community partnerships in sons present, and may reject them or deaths could be prevented if automated rural areas that are composed of local provide ineffective care. In addition, external defibrillators were more ac- emergency response entities, such as the reality of life on the street may cessible. AEDs are computerized de- community training facilities, local significantly complicate the receipt of vices that can shock a heart back into emergency responders, fire and rescue effective treatment. For example, normal rhythm and restore life to a departments, police, community hos- homeless men and women may have cardiac arrest victim. They must, how- pitals, and local non-profit entities and difficulty in adhering to treatment ever, be used promptly. For every for-profit entities concerned about car- schedules or may lack transportation minute that passes before a victim’s diac arrest survival rates. Our amend- to and from outpatient services. normal heart rhythm is restored, his or ment will provide $4 million through Comprehensive programs which link her chance of survival falls by as much the Health Resources and Services Ad- treatment to other health, housing, so- as 10 percent. ministration for the awarding of grants cial and maintenance services often According to the American Heart As- to community partnerships in rural provide the best opportunity for the sociation, making AEDs standard areas to purchase automated external homeless to adhere to treatment pro- equipment in police cars, fire trucks, defibrillators and to train individuals grams and ultimately achieve stability ambulances and other emergency vehi- in basic cardiac life support. These in their lives. The funding addressed in cles and getting these devices into rural partnerships will also be required my amendment will provide grants more public places could save more to evaluate the local community emer- which will assist communities in pro- than 50,000 lives a year. Cities across gency response times to assess whether

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13305 they meet the standards established by shall prepare and submit to the Committee worked on this issue for over three national public health organizations on Health, Education, Labor, and Pensions of years. I worked with my friend, Sen- such as the American Heart Associa- the Senate, and the Committee on Appro- ator SMITH of Oregon, as well as my priations, a report concerning the results of tion and the American Red Cross. They colleague Senator GRAHAM of Florida, the study conducted under subsection (a), in- must also submit to the Secretary of cluding the recommendations described in to have our bipartisan amendment Health and Human Services an applica- paragraph (4) of such subsection. adopted by the managers of the bill, tion at such time, in such manner, and Mr. GRAHAM. Mr. President, last Senator SPECTER and Senator HARKIN. containing such information as the year, on October 7, during the consider- I come to the floor today as the Sen- Secretary may require. I would like to ation of the FY 2000 Labor-HHS-Edu- ate completes debate on the Labor, ask my colleague from Wisconsin if he cation Appropriations bill, Senators Health and Human Services appropria- tions bill for fiscal year 2001 to again would like to add any additional com- RON WYDEN, GORDON SMITH and I of- ments. fered an amendment which was accept- ask the administration to get serious Mr. FEINGOLD. Thank you. I would ed as part of the legislation that about addressing the very real prob- also like to stress that these grants are passed. lems in the current farm worker sys- intended for community partnerships It directed the Department of Labor tem. in rural areas, as determined by the to send to Congress its suggestions, or The amendment that was adopted Secretary of Health and Human Serv- a plan, to improve the day-to-day lives into last year’s Labor HHS appropria- ices. This amendment has been en- of farmworkers. tions bill required the Department of dorsed by both the American Heart As- We are here again. The Labor-HHS Labor to report to Congress with plans sociation and the American Red Cross Appropriations bill is being debated, to improve compensation, working con- as a means of expanding access to these and we are still awaiting answers to ditions, and other benefits for farm lifesaving devices across rural Amer- concerns raised in the last debate. workers in the United States. The ica, and I join my colleague from In fairness, I should mention that the adopted amendment became report lan- Maine in thanking the managers of the Secretary of Labor has indicated that guage in the Labor HHS Conference Re- bill for their cooperation and support. this report is underway and that we port directing the Department of Labor AMENDMENT NO. 3703 can expect it later this year. But yet to deliver the administration’s farm (Purpose: To support medication another year has slipped by without worker plan to Congress as soon as pos- management for seniors) the Administration designing a plan to sible. On page 43, line 9, before the colon, insert improve the lives of those who do so It is almost ten months since that di- the following: ‘‘, of which $5,000,000 shall be much to provide for us. rective was adopted by the entire Con- available for activities regarding medication The purpose of our amendment and gress—and almost three years since I management, screening, and education to speech last year was to outline the was first promised by Secretary of prevent incorrect medication and adverse three previous years of frustration in Labor Herman that such a plan was drug reactions’’. our efforts to secure this plan from the being devised—and still the adminis- tration has delivered no plan. As we AMENDMENT NO. 3704 Department of Labor. We sought legis- latively what we had not been able to enter the busiest time of the year for On page 50, line 20, after the dash insert American farms, once again I am the following: ‘‘Except as provided by sub- obtain in personal meetings and phone section (e)’’. calls. Now, we are here again, on this forced to point out the ineptitude of On page 51, line 1 strike ‘‘December 15, same bill, asking for the same assist- the Administration in dealing with this 2000’’ and insert in lieu thereof: ‘‘March 1, ance. critical issue. 2001’’. For the past several years I have The General Accounting Office com- On page 52, line 2, strike ‘‘2000’’ and insert worked with several of our colleagues pleted a report in 1997 on the farm in lieu thereof ‘‘2001’’. to develop a comprehensive strategy to worker situation in our country. They On page 52, after line 2, insert the fol- said there are enough farm workers. lowing new section improve the lives of our Nation’s farm- ‘‘(e) TERRITORIES.—None of the funds ap- workers. But they came to that conclusion only propriated by this Act may be used to with- Almost everyone agrees that the sta- by counting illegal farm workers. hold substance abuse funding pursuant to tus quo is unacceptable. GAO estimates Today’s agricultural labor program is section 1926 from a territory that receives that at least 50 percent of agricultural a disaster for both farm workers and less than $1,000,000.’’ workers in the United States do not farmers. Estimates are that well over have documented status. This is a con- half of the farm workers in this coun- AMENDMENT NO. 3705 servative estimate since these are try are here illegally. They are smug- (Purpose: To provide for the conduct of a workers who have admitted their ille- gled into the United States by people study and report on unreimbursed health called ‘‘coyotes.’’ Because they are care provided to foreign nationals) gal status, the actual number without work authorization is likely much here illegally, these farm workers have On page 54, between lines 10 and 11, insert no power—they cannot vote. The ille- the following: higher. gal, but much needed, farm worker is SEC. . (a) STUDY.—The Secretary of I respect the fact that the Depart- Health and Human Services shall conduct a ment of Labor has concerns about our often subjected to the worst possible study to examine— bipartisan legislation. What we have living and working conditions imag- (1) the experiences of hospitals in the asked, year after year, is that they im- inable. This situation is nothing short United States in obtaining reimbursement prove it, modify it, or offer their own of immoral. from foreign health insurance companies alternate comprehensive plan. At the same time, the growers, who whose enrollees receive medical treatment in I commend the work that the Depart- need a dependable supply of workers to the United States; ment has done up to this point to re- pick our crops, are also in a completely (2) the identity of the foreign health insur- ance companies that do not cooperate with spond to us, but I urge Secretary Her- untenable situation. Senator SMITH or reimburse (in whole or in part) United man to finish work on this proposal and I represent Oregon farmers who lit- States health care providers for medical and submit it to Congress at the ear- erally have no where to turn to find services rendered in the United States to en- liest possible opportunity. The legisla- legal farm workers. The current situa- rollees who are foreign nationals; tive calendar is short this year, and we tion turns those farmers who want to (3) the amount of unreimbursed services have no time to waste. do the right thing into people who have that hospitals in the United States provide Mr. WYDEN. Mr. President, in Octo- to make a Hobbesian choice: do they to foreign nationals described in paragraph ber, 1999, I came to the Senate floor to become felons by hiring illegal farm (2); and (4) solutions to the problems identified in speak about an important amendment workers or do they go bankrupt. the study. to the Labor, Health and Human Serv- It bears repeating: Well over half of (b) REPORT.—Not later than March 31, 2001, ices Appropriations Bill for Fiscal Year the farm workers in the United States the Secretary of Health and Human Services 2000 concerning farm workers. I have are illegal immigrants.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 13306 CONGRESSIONAL RECORD—SENATE June 30, 2000 Oregon farmers have told me that in for activities carried out through the Fund school receive the appropriate atten- meetings, with the Immigration and for the Improvement of Education under part tion and support they need to further Naturalization Service and the Depart- A of title X, $10,000,000 shall be made avail- their learning and graduate from high able to enable the Secretary of Education to ment of Justice, the Administration award grants to develop and implement school. I thank my colleagues for has admitted that they know farmers school dropout prevention programs.’’. working with me on this important ef- must become felons by hiring illegal Mr. BINGAMAN. Mr. President, I fort. workers. It is deplorable that farmers want to take a moment to thank Sen- Mr. REID. Mr. President, those who are greeted by the Administration with ators SPECTER and HARKIN for agreeing drop out of high school are at a greater winks and nods—not a legal farm work- to include my amendment dedicating risk of being unemployed or holding a er system. $10,000,000 from the Fund for the Im- position with no career advancement In 1998, in the second session of the provement of Education to support opportunities. These individuals also 105th Congress, Senator GRAHAM, Sen- proven dropout prevention programs in earn less, are more likely to be poverty ator SMITH, and I put together a bipar- the managers’ package. As my col- stricken, and received public assist- tisan proposal to change this wholly leagues know, I filed an amendment on ance. unacceptable system. We tried to cre- behalf of myself and Senators REID, To address the dropout problem, the ate a new system for dealing with agri- COLLINS, and DEWINE seeking $20 mil- Department of Education administers cultural labor that would be in the in- lion for this purpose. While both of 11 programs. These programs resulted terest of both the farm worker and the these amounts fall short of the in a downward trend in the national farmer. Under our bill, workers who $150,000,000 level authorized in an dropout rate. Nonetheless, we have were legal would get a significant in- amendment passed by the Health, Edu- what we could call the ‘‘dropout di- crease in their benefits and farmers cation, Labor, and Pensions Committee vide’’—dropout rates in 1998 were high- would be assured a consistent, legal to the ending ESEA reauthorization er for Hispanic (9.4%) than blacks work force. bill, this $10,000,000 is an important (5.2%) and whites (3.9%). But after 67 Senators passed our bill, first step in supporting local efforts to This holds true in Nevada, where His- the administration refused to work develop, implement, and disseminate panic students dropped out of school at with us to hammer out badly needed effective dropout prevention programs. a higher rate than other racial/ethnic H2A reform legislation. It is my hope that in future years we groups. In the 1996–97 school year, the At that point, Senators GRAHAM, will be able to grow the funds for this Hispanic dropout rate is 15.7 percent SMITH, and I started alternatively crucial effort in order to ensure that while White and Asian/Pacific Islander waiting for and asking for the Adminis- all schools with high dropout rates students had the lowest dropout rates tration to produce their plan for a new have the resources and information at 8.3% each. agricultural worker system that would that they need to curb the high inci- It is unacceptable that we allow stu- address the legitimate concerns of both dence of students dropping out of dents—of any race—to dropout. In our farm workers and farmers. school. new high-tech economy, education is In the spirit of comity and a desire to Today, the lack of a high school edu- more important than ever. It is the key reach agreement with the executive cation is a greater barrier than ever to to a happy and secure future, and we branch, we have been waiting to see employment, income, and advancement must work harder to make sure that the Administration’s plan. Mr. Presi- opportunities; though we frequently our children don’t lose this valuable dent, to date, after meetings, phone talk about how strong the economy is chance to get an education. We must calls and congressional directives, we in the United States, we simply cannot convince them to stay in school. have been kept waiting for more than overlook the fact that there are mil- For Nevada, the latest numbers show lions of working Americans who have three years to see the administration’s that 17 percent of our school students never finished high school, and they proposal. will drop out before they get their de- earn less than a third of what their By its inaction, the Administration grees. Almost one in five students in is perpetuating a system that is a dis- peers with a college degress earn. High school completion rates remain the 12th grade (19.4%) dropped out of aster for both the farm-worker and the school during the 1996–97 school year, farmer. It is a system that is totally distressingly low in many locales around the country—over 3,000 young compared with a dropout rate for 9th broken—a system that has condemned grade students of 3.5 percent. the vast majority of farm workers to people drop out of our high schools and As a member of the HELP Com- some of the most terrible and immoral middle schools each school day. Not surprisingly, the problem is dispropor- mittee, Senator BINGAMAN has been a conditions imaginable. It is a system strong advocate for dropout prevention that has made it impossible for farmers tionately great along racial, ethnic and socioeconomic lines; Hispanic youth programs and funding. I am pleased who want to do the right thing. that the Bingaman/Reid amendment— Our bipartisan effort was not a good for instance, are nearly three times more likely to drop out than their adding $10 million of funding for drop- enough solution for the administra- out program grants—was accepted. tion. Well, the administration’s inac- white classmates, and African Amer- Our role is to provide needed re- tion is not a good enough solution for ican students are still dropping out at sources to carry out innovate programs me. a rate higher than their white peers as tailored to the specific circumstances All of us—farm workers and growers, well. As The Hispanic Dropout Project encountered. This money goes to states Senators GRAHAM, SMITH, and I—con- found, widespread misunderstandings and local school districts, in grants, to tinue to wait. It is time for the admin- of the underlying causes of dropouts, finance new dropout prevention pro- istration to get off the sidelines. They combined with a lack of familiarity grams. should do what they promised to do with effective programs, has prevented well over two years ago and what we, increased school completion for some Dropout prevention programs must as Congress, required them to do over groups. remain a priority for educators, par- 10 months ago. It is my hope that when ESEA is re- ents, and policymakers. All students authorized, we will be able to further deserve an opportunity to receive a AMENDMENT NO. 3706 extend the critical support that is quality and complete education. (Purpose: To ensure that those students at needed to help our at-risk students risk of dropping out of school receive ap- AMENDMENT NO. 3707 propriate attention and to ensure that all complete high school with the skills (Purpose: To revise the purpose of the Na- students are given the support necessary necessary for the workplace or contin- tional Institute of Child Health and Human to graduate from high school) ued education. In the meantime, this Development relating to gynecologic On Page 59, line 12, before the period insert commitment to funding is an impor- health) the following: ‘‘: Provided further, That of the tant step towards ensuring that all stu- At the appropriate place, insert the fol- amount made available under this heading dents who are at risk of dropping out of lowing:

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13307 NATIONAL INSTITUTE OF CHILD HEALTH AND If rates continue unchecked, a child the rates are increasing for all groups. HUMAN DEVELOPMENT born a generation from now will be Everyone of us knows a child whether SEC. . Section 448 of the Public Health twice as likely to develop asthma as a our own, a relatives’ or a friends’ who Service Act (42 U.S.C. 285g) is amended by in- child born today. By the end of this suffers from asthma. serting ‘‘gynecologic health,’’ after ‘‘with re- decade, if no action is taken to reverse spect to’’. In an effort to stem the tide of this this trend and it continues at its cur- epidemic, Senator DEWINE and I along AMENDMENT NO. 3708 rent pace, the PEW Commission cal- with 23 other Senators submitted a re- (Purpose: To increase funding for children’s culates that 22 million Americans will quest to the Labor HHS appropriators asthma programs administered by the Cen- suffer from asthma—eight million to ask for $50 million for childhood ters for Disease Control and Prevention) more than at present. That’s one in 14 asthma programs at CDC. One fifth of On page 26, line 25, before ‘‘of which’’ in- Americans and one in every five fami- the money would be available for im- sert the following: ‘‘of which $20,000,000 shall lies forced to live with the disease. By proved tracking and surveillance ef- be made available to carry out children’s 2020, the Commission estimates that forts for asthma, as suggested by the asthma programs and $4,000,000 of such the number could increase to 29 mil- PEW commission for environmental $20,000,000 shall be utilized to carry out im- lion—more than twice the current health. Currently, the bill does men- proved asthma surveillance and tracking number. tion a specific allocation for asthma. systems and the remainder shall be used to These figures are staggering. At the carry out diverse community-based child- The amendment, which has been hood asthma programs including both current rate of growth, that means agreed to, provides $20 million for state school- and community-based grant pro- that the number of asthma cases in and community-based organizations to grams, except that not to exceed 5 percent of 2020 will exceed the projected popu- support asthma screening, treatment, such funds may be used by the Centers for lation of New York and New Jersey education and prevention programs and Disease Control and Prevention for adminis- combined. If by chance all asthma suf- trative costs or reprogramming, and’’. for a new surveillance and tracking fers lived in one state, it would be the system as called for recently by the Mr. DURBIN. Mr. President, I rise second most populous in the country. PEW Environmental Health Commis- today today with my colleagues, Sen- Put another way, if all those with asth- sion in their report ‘‘Attack Asthma.’’ ators DEWINE, FITZGERALD, KERRY, ma stood side by side, they would Again, one fifth of the amount, in this BINGAMAN, SCHUMER and ABRAHAM to stretch the distance between LA, Cali- case $4 million would be available for offer this critical amendment to in- fornia and Washington DC, over four new surveillance and tracking. crease funding for childhood asthma times. programs at the Centers for Disease If general rates of asthma are high The amendment also states that Control and Prevention. and getting higher, the rates are even these community funds may be used by For the next 15 minutes imagine worse for society’s most vulnerable. both health and school-based services. breathing through a tiny straw the size Asthma disproportionately attacks Many school districts, including the of a coffee stirrer, never getting them. A recent New York Times article Chicago Public Schools are involved in enough air. Now imagine suffering described a study in the Brooklyn area screening children for asthma and for through the process three to six times where it was found that an astounding seeing to it that they get treatment a day. This is asthma. 38 percent of homeless children suffer and management to deal with their ‘‘America is in the middle of an asth- from asthma. Some of the factors asthma. CDC should see to it that ma epidemic—an epidemic that is get- known to contribute to asthma such as these new funds are used to coordinate ting worse, not better.’’ So says the poor living circumstances, exposure to local efforts and to link both school PEW environmental Health Commis- cockroach feces, stress, exposure to based and health facility based asthma sion in its most recent report on asth- dampness and mold are all experienced programs. With additional resources, ma. by homeless children. They are also ex- CDC should diversify the types of pro- The prevalence of asthma continues perienced by children living in poor grams that they fund, so that evalua- to rise at astounding rates—every re- housing or exposed to urban violence. tions can be done to measure the effec- gion of the country and across all de- There are other factors such as expo- tiveness of these different programs. mographic groups, whether measured sure to second hand smoke and smog Furthermore, programs need to be tai- by age, race or sex. In America today, that also exacerbate or trigger asthma lored to the individual needs of local- no chronic disease is increasing faster attacks. ities with coordination of local services than asthma. And asthma is considered Not only is asthma itself on the rise and local efforts to combat childhood the worst chronic health problem but it is becoming more deadly. For asthma. plaguing this nation’s children. Among minorities, asthma is particularly The amendment also includes a re- those four years old, it has mush- deadly. The asthma death rate for Afri- striction on the amount that CDC may roomed by 160 percent over the last 2 can-Americans is more than twice as use for administration or reprogram- decades. high as it is for other segments of the ming including the 1 percent Public Asthma affects nearly 15 million population. Nationwide, the childhood Health Service evaluation. Both Sen- Americans. That figure includes more asthma-related death rate in 1993, was ator DEWINE and I believe that asthma than 700,000 Illinoisans, of whom 213,000 3 to 4 times higher for African-Ameri- should be a high priority for CDC and are children under the age of 18. Chi- cans compared to Caucasian Ameri- that CDC should not seek to reprogram cago has the dubious distinction of cans. The hospitalization rate for asth- this money or use it for other purposes. having the second highest rate of child- ma is almost three times as high Last year, CDC chose to disproportion- hood asthma in the country. According among African-American children ately allocate rescissions to the asth- to a study published by the Annals of under the age of 5 compared to their ma program. We strongly object to Allergy, Asthma & Immunology, of white counterparts. Illinois has the that decision. At a time of an asthma inner-city school children in Chicago, highest asthma related deaths in the epidemic, we believe that this program researchers found that the prevalence country for African-American men. should be protected from such cuts. of diagnosed asthma was 10.8 percent, The increased disparity between death Therefore, this year we have included or twice the 5.8 percent the federal rates compared to prevalence rates has language that states that only 5 per- Centers for Disease Control and Pre- been partially explained by decreased cent of the total amount allocated for vention estimates in that age group na- access to health care services for mi- childhood asthma programs may be tionally. The study also found that nority children. used for administration, evaluations, most of the children with diagnosed However, even though asthma rates or other activities. asthma were receiving medical care, are particularly high for children in Let me tell you why we need this but it may not be consistent with what poverty, they are also rising substan- money. Despite the best efforts of the asthma care guidelines recommend. tially for suburban children. Overall health community, childhood asthma

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 13308 CONGRESSIONAL RECORD—SENATE June 30, 2000 is becoming more common, more dead- sonnel, asthma education materials, the importance of this issue to the na- ly and more expensive and the effects and asthma treatment supplies. It goes tion’s children. of asthma on society are widespread. out to areas that are known to have a AMENDMENT NO. 3709 Most children who have asthma de- high incidence of childhood asthma and (Purpose: To increase funding for the Centers velop it in their first year, but it often screens children in those areas. Chil- for Disease Control and Prevention to pro- goes undiagnosed. Many of you may be dren are also enrolled in the Children’s vide for the adequate funding of State and surprised to learn that asthma is the Health Program if they are income eli- local immunization infrastructure and op- single most common reason for school gible. We have all heard of how slow erations activities) absenteeism. Parents miss work while enrollment in the children’s health On page 54, between lines 10 and 11, insert the following: caring for children with asthma. Be- program has been and anything that we SEC. lll. In addition to amounts other- yond those missed days at school and can do to speed enrollment up, I think wise appropriated under this title for the parents missing work, there is the huge it vitally important. This Centers for Disease Control and Prevention, emotional stress suffered by asthmatic ‘‘Breathmobile’’ program has reduced $37,500,000, to be utilized to provide grants to children. It is a very frightening event trips to the emergency room by 17 per- States and political subdivisions of States for a small child to be unable to cent in the first year of operation. I under section 317 of the Public Health Serv- ice Act to enable such States and political breathe. A recent US News article hope that we can be as successful in Il- subdivisions to carry out immunization in- quoted an 8-yr old Virginian farm girl, linois and other parts of the country. frastructure and operations activities: Pro- Madison Benner who described her ex- In Illinois, the Mobile CARE Founda- vided, That of the total amount made avail- perience with asthma. She said ‘‘It tion is setting up a program in Chicago able in this Act for infrastructure funding feels like something was standing on based on the Los Angeles initiative. In for the Centers for Disease Control and Pre- my chest when I have an asthma at- addition, the American Association of vention, not less than 10 percent shall be tack.’’ This little girl had drawn a pic- Chest Physicians has joined with other used for immunization projects in areas with low or declining immunization rates or areas ture of a floppy-eared, big footed ele- groups to form the Chicago Asthma that are particularly susceptible to disease phant crushing a frowning girl into her Consortium to provide asthma screen- outbreaks, and not more than 14 percent bed. ing and treatment. Efforts like these shall be used to carry out the incentive In many urban centers, over 60 per- need our amendment. bonus program: Provided, That amounts cent of childhood admissions to the In West Virginia, a Medicaid ‘‘disease made available under this Act for the admin- emergency room are for asthma. There management’’ program which seeks to istrative and related expenses of the Depart- are 1.8 million emergency room visits coordinate children with asthma’s care ment of Health and Human Services, the De- partment of Labor, and the Department of each year for asthma. Yet the emer- so that they get the very best care has Education shall be further reduced on a pro gency room is hardly a place where a been found to be very cost effective. It rata basis by $37,500,000. child and the child’s parents can be has reduced trips to the emergency Mr. DURBIN. Mr. President, I rise educated in managing their asthma. room by 30 percent. today to offer an amendment regarding During a recent visit to Children’s This Childhood Asthma Amendment childhood immunization. Remarkable Memorial Hospital in Chicago, I met a would expand these programs to help advances in the science of vaccine de- wonderful little boy whose life is a ensure that no child goes undiagnosed velopment and widespread immuniza- daily fight against asthma. He told me and every asthmatic child gets the tion efforts have led to a substantial he can’t always participate in gym treatment he or she needs. reduction in the incidence of infectious class or even join his friends on the Last year, an additional $10 million disease. Today, as you know, national playground. Fortunately, Nicholas is was dedicated to start this program for vaccination coverage is at record high receiving the medical attention nec- a total of $11.3 million. CDC will be levels. Smallpox has been eradicated; essary to manage his asthma. Yet for putting out a request for proposals this polio has been eliminated from the millions of children, this is not the summer. The $20 million agreed to here Western Hemisphere; and cases of mea- case. Their asthma goes undiagnosed today is a good start and I hope that sles have been reduced to record lows. and untreated, making trips to the we will be able to do better by increas- Still, the job is not done and it is im- emergency room as common as trips to ing it to $50 million in conference. This portant that we remain vigilant. Every the grocery store. $50 million level of funding is sup- day, nearly 11,000 infants are born and However, we do have treatments that ported by the American Lung Associa- each baby will need up to 22 doses of work for most people. Early diagnosis, tion, the Asthma and Allergy Founda- vaccine by age two. New vaccines con- treatment and management are key to tion, Mothers of Asthmatics, the Na- tinue to enter the market. And al- preventing serious illness and death. tional Association for Children’s Hos- though a significant proportion of the The National Institutes of Health is pitals and Research Institutions, the general population may be fully immu- home to the National Asthma Edu- Academy of Pediatrics, the Asthma nized at a given time, coverage rates in cation and Prevention board. This is a and Allergy Foundation of America the United States are uneven and life- large group of experts from all across and others who support children’s threatening disease outbreaks do the fields involved in health care and health. occur. In fact, recent data from the asthma. They have developed guide- No child should die from asthma. We CDC indicate that coverage rates may lines on both treating asthma and edu- need to make sure that people under- be leveling off and that in many areas cating children and their parents in stand the signs of asthma and that all of the country, including Chicago, prevention. It is very important that asthmatic children have access to Houston, Delaware, North Dakota, when we spend money on developing treatment and information on how to South Dakota and New Mexico, they such guidelines that they actually get lessen their exposure to things that are actually declining. out of communities so that they can trigger asthma attacks. Funding for At the same time, funding to states take advantage of this research. this program is critical. and localities for immunization deliv- CDC has been working in collabora- I am delighted that my colleague ery activities has also been dramati- tion with NIH to make sure that health Senator SPECTER has agreed to accept cally reduced over the past five years. professionals and others get the most this amendment to nearly double the States are now struggling to maintain up to date information. My amendment funding level for this important public immunization rates and have imple- could further help this effort by pro- health effort. I hope that he will work mented severe cuts to immunization viding grantees with this information. with me in conference to increase this activities. Many have already reduced One interesting new model that ap- level of funding to as close as possible clinic hours, canceled contracts with pears to work is the ‘‘breathmobile’ to the $50 million originally requested providers, suspended registry develop- program in Los Angeles that was start- by myself and 23 of my Senate col- ment and implementation, limited out- ed 2 years ago. This program provides a leagues. Again I thank my colleagues reach efforts and discontinued perform- van that is equipped with medical per- SPECTER and HARKIN for recognizing ance monitoring.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13309 Last week, the Institute of Medicine I intend to work with my colleagues million out of the state infrastructure issued a landmark report on the state on the Committee and in the Senate to money to pay for this incentive. When of our Nation’s immunization infra- increase this funding level by an addi- this was first put in place in 1994, this structure. This report confirmed that tional $37.5 million in FY 2002 in order amount represented approximately 14 the situation requires immediate at- to reach the level recommended by the percent of all grant funding available. tention. The IOM in its report stated: IOM. Now, because the total funding has de- The combination of new challenges and re- The 317 immunization grant program creased, the percentage is equal to duced resources has led to instability in the to states and localities for ‘‘infrastruc- about 25 percent of the total. Because public health infrastructure that supports ture and operations’’ is the sole source the overall base funding has decreased the U.S. immunization system. Many states of Federal support for many critical ac- (from $271 million in FY95 to $139 mil- have reduced the scale of their immunization tivities, including: immunization reg- lion), the incentive allocation is eating programs and currently lack adequate istries; outreach efforts to educate par- up a greater share of total infrastruc- strength in areas such as data collection ents about the value and importance of ture funding pulling money away from among at-risk populations, strategic plan- project areas that have lower immuni- ning, program coordination, and assessment vaccines as well as the risks and pos- of immunization status in communities that sible side effects; training and edu- zation rates. In addition, because im- are served by multiple health care providers. cation of providers to ensure timely munization rates have gone up, nearly If unmet immunization needs are not identi- vaccinations and keep them updated every state gets some incentive fied and addressed, states will have difficulty about the routine schedule including money—but it is no longer considered in achieving the national goal of 90 percent changes resulting from the addition of an ‘‘incentive’’ by the states. Rather, coverage by year 2010 for completion of new vaccines; outbreak control and states use the money to offset recent childhood vaccination series for young chil- monitoring and investigating disease decreases in 317 federal grant funding. dren. Furthermore, state and national cov- As a result, this ‘‘incentive’’ that has erage rates, which reached record levels for occurrence; identifying under immu- nized children and development of historically been included in the Sen- vaccines in widespread use (79 percent in ate Appropriations report is no longer 1998), can be expected to decline and prevent- strategies to overcome barriers to vac- able disease outbreaks may occur as a result, cination; linking immunization activi- achieving its intended effect. Quite particularly among persons who are vulner- ties with other public health services simply, the advantage of awarding able to vaccine-preventable disease because such as the WIC program; and evalua- funds as incentives, rewarding success- of their undervaccination status. tions of immunization strategies to de- ful immunization programs, has de- The amendment I am offering today termine what works. creased as total funding has decreased. with my colleagues Senator KAY BAI- While overall funding to the Centers Those grantees with the lowest cov- LEY HUTCHISON, Senator JACK REED, for Disease Control’s immunization erage levels and most in need are re- Senator PATTY MURRAY, and Senator program has actually seen slight in- ceiving less funding than those who JOHN KERRY addresses the rec- creases, the grant program to States have already achieved high coverage ommendations of the IOM and responds and localities has dramatically de- levels. To address this issue, this amend- to the issues raised by state and local clined over the past 5 years. Actual ap- ment would limit the percentage of immunization program administrators propriations levels have gone from $271 total funding that can be used for in- who are struggling to reach under- million in FY1995 to $208 million in FY centive money to the percentage it rep- served children. The provision does 96 to $139 million in FY2000. But the resented when it was first imple- three things: First, it provides a $37.5 story is even worse. The measles out- mented. No state will experience a re- million increase in immunization grant break of the late 1980’s and early 1990’s duction in funds. funding to state and local programs for prompted Congress to give states hefty I also want to note that the House immunization infrastructure activities funding increases. Unfortunately, the Labor-HHS-Education Appropriations in FY 2001, bringing the total funding states were not immediately prepared report included language, which I for infrastructure up from $139 million for the influx of funds. Money was strongly support, asking the CDC to re- to $176.5 million. Second, it limits to 14 ‘‘carried over’’ from one year to the port back to Congress regarding the percent the amount of the total that next as they worked through barriers utility of this incentive program and can be spent for incentive grants to such as computer acquisitions, legisla- recommending a mechanism to phase states. Third, it targets 10 percent of tive approvals and hiring freezes. This it out if it is not found to be achieving the total infrastructure funding to carryover has compensated for the dra- its intended purpose. It is my hope that areas with low or declining immuniza- matic reductions in funding that fol- the Senate will agree to this language tion rates and areas susceptible to out- lowed. Now there is no more carryover in conference. breaks. money to pick up the slack. So while The amendment also targets 10 per- While $37.5 million is a good start, actual appropriations have declined by cent of total infrastructure funding to additional funding is needed. The IOM about $68 million since 1996, states are areas of the country with low or declin- recommends a $75 million increase in experiencing reductions of 50 percent ing immunization rates. Even with sig- the annual federal share of funding to or more in the same time period. As a nificant gains in national immuniza- states for immunization programs. result, states are struggling to main- tion rates, subpopulations of under- This number was derived from 3 cal- tain immunization rates and have im- immunized children still exist. Rates culations: (1) annual state expenditure plemented severe cuts to immunization in many of the Nation’s urban areas, levels during the mid-1990’s; (2) the activities. Many have already reduced including Chicago and Houston, are un- level of spending necessary to provide clinic hours, canceled contracts with acceptably low and getting lower. additional resources to states with providers, suspended registry develop- These pockets of need create pools of high levels of need without reducing ment and implementation, limited out- susceptible children and increase the current award levels for each state; and reach efforts and discontinued perform- risk of dangerous disease outbreaks. (3) additional infrastructure require- ance monitoring. An increase of $75 The IOM report highlights the fact ments associated with adjusting to an- million will barely get states back up that disparities in levels of immuniza- ticipated changes and increased com- to the funding levels they were experi- tion coverage still exist. National sur- plexity in the immunization schedule. encing in 1998. veys reveal a gap of 9 percentage points Dozens of organizations support this The amendment also limits the between children above and below the level of funding, including Research. amount that can be allocated for incen- federal poverty level. Targeting just 10 America, the American Academy of Pe- tive grants to 14 percent of the total percent of the total amount, as IOM diatrics, the March of Dimes, the Chil- infrastructure funding. Historically, recommends, will help CDC respond to dren’s Defense Fund, the Association of Senate report language has included a unexpected outbreaks, gaps in immuni- State and Territorial Health Officials, formula to reward areas that achieved zation coverage, or other exceptional Every Child by Two, and many others. high coverage levels and set aside $33 circumstances within the states.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 13310 CONGRESSIONAL RECORD—SENATE June 30, 2000 I urge my colleagues to support this in a national immunization campaign significant health care cost savings. amendment. It will provide additional to rid the population of devastating For example, for every dollar spent on funds to every single state. No state diseases such as smallpox, polio, diph- the Measles, Mumps, Rubella (MMR) loses money. In this day and age, it is theria and measles. vaccine, $10.30 in savings were captured simply not acceptable that more than The CDC Section 317 program has in terms of direct medical costs and one million children have not been ade- been an integral part of our national $13.50 in indirect societal costs, such as quately vaccinated. Vaccines are one of immunization initiative. The Section lost work time, disability and death. the most cost-effective tools we have 317 program can be broken down into While great progress has been made in preventing disease. For every dollar two main categories—(1) vaccine pur- in boosting immunization coverage na- spent on vaccines, society saves up to chase and (2) infrastructure to facili- tionally, we are at a point where it will $24 in medical and societal costs. Con- tate the delivery and monitoring of require additional resources in order to trolling vaccine-preventable disease vaccines. The Section 317 program is reach those remaining children who has been one of the most significant the only source of critical federal fund- have not been immunized. In other public health accomplishments of the ing to support the infrastructure nec- words, reaching these remaining un- 20th Century. But current success does essary to administer immunizations to immunized and under-immunized chil- not guarantee future success. And children in communities throughout dren in ‘pockets of need’ areas, will re- there is still much work to be done. the country. quire more effort and more resources. Mr. REED. Mr. President, I am A little over a week ago, the Insti- Another significant problem outlined pleased to join my colleague Senator tute of Medicine released their report in the IOM report is the, ‘‘The repet- DURBIN on an amendment to restore on immunization finance policies and itive ebb and flow cycles in the dis- funding to one of our most accom- practices. This report was conducted at tribution of public resources for immu- plished public health initiatives, our the request of the Senate Appropria- nization programs . . .’’ Federal fund- national immunization program. tions Committee and more specifically ing for the immunization program has The purpose of the amendment is by our colleague Senator Dale Bump- been volatile, particularly over the quite simple—it seeks to strengthen ers, a long-time champion of the im- past decade. and enhance the operations and infra- munization program. To give my colleagues some back- structure grants administered by the This landmark report offers us many ground, the federal government began Centers for Disease Control and Pre- important insights into the complex to pay greater attention to the need to vention’s Section 317 immunization federal-state-local partnership that support and strengthen our immuniza- program. makes up our national immunization tion program after a measles outbreak These monies fund a variety of essen- initiative. The report found that al- struck several parts of the U.S. in 1989– tial programs and services within the though average immunization coverage 1990. Following the epidemic, the CDC immunization program for children, in- levels are at record highs, several prob- launched a national initiative designed cluding outreach efforts to educate lems continue to plague the program, to strengthen state immunization pro- parents about the immunization sched- while even greater challenges lie grams and provide resources for a ule, training and education of providers ahead. The issues threaten the great broad array of direct services and out- about new vaccines and outbreak con- success we have achieved in essentially reach. The goal of this effort was to trol when cases of infectious diseases eradicating deadly and debilitating dis- strengthen and enhance our capacity arise. The CDC’s operation and infra- eases that were prevalent in this coun- to monitor immunization levels and structure grants also support vital ini- try a relatively short time ago. Many improve our ability to respond to dis- tiatives to identify under-immunized ease outbreaks. children, provide resources necessary of these same diseases continue to During that period, federal funding to implement and maintain state-based strike children in developing nations for infrastructure grants increased immunization registries and allow the throughout the world. According to the IOM report, one of seven-fold from a total of $37 million in state immunization program to forge 1990 to $271 million in 1995. However, linkages with other public health serv- the greatest challenges currently fac- states were not immediately prepared ices, such as WIC and Head Start, since ing our immunization program is the these places are often points of entry persistent disparities in coverage that for the dramatic funding increases and for low-income children who may lack exist among and within states, as well the expansion of immunization deliv- all or some of the recommended vac- as within major cities. ery systems at the state level took cinations. The 1998 National Immunization Sur- time. As a result, funds were ‘‘carried Originally, Senator DURBIN and I had vey (NIS) found a gap of between 7 and over’’ from one year to the next as intended to offer an amendment that 8.6 percent between the immunization states prepared to make the capital in- would add a total of $75 million for the rates for non-Hispanic white children vestments necessary to strengthen CDC Section 317 operations and infra- and those of Hispanic and African- critical areas of their immunization structure grant program. We have American children for one of the most program, such as vaccine delivery, out- modified our amendment so that it now important series of immunizations. reach into underserved areas and im- calls for a $37.5 million increase in Disparities in immunization levels also provements in monitoring through the funding for these grants this year with fall along the poverty line. For the development of state-based immuniza- the understanding that Chairman same series, National Immunization tion registries. SPECTER has agreed to work to provide Survey found a 9 percentage point dif- However, as the threat of another additional $37.5 million in FY 2002 for ference between the immunization disease outbreak faded, carry-over fund this grant program. I would thank the rates for children living below the pov- balances grew and pressure to reduce Chairman and the Ranking Member for erty level compared to those at or federal discretionary spending intensi- agreeing to accept this important above the poverty line. fied here in Congress. What happened amendment. These disparities in coverage are as a result was an almost 50 percent de- Numerous public health and provider often found in concentrations of un-im- cline in funding, and for the past two groups including the National Associa- munized and under-immunized children years, the CDC infrastructure grant tion of County and City Health Offi- who typically reside in urban areas as program has been level funded at $139 cials (NACCHO), the Association of well as in certain rural areas. These million. State and Territorial Health Officials areas are also referred to as ‘pockets of For the past few years, states have (ASTHO), the American Academy of need’. been using remaining carry-over funds Pediatrics and every Child by Two, just Our investments in the immunization to cover expenses that could not be to name a few support our amendment. program thus far have yielded great met by their new award. The estimated Since the advent of the polio vaccine benefits in terms of improving the FY 2001 figures indicate that most in 1955, the United States has invested health of children, as well as producing states have exhausted their carry-over

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13311 funding and must rely solely on their Mr. SMITH of New Hampshire. Mr. have a good record of animal welfare new grant award to finance their oper- President, I thank the Senate man- and should be compliant with federal ations. agers for including my amendment in animal welfare laws. As such, I have in- This cut has seriously eroded states’ the managers’ package. This amend- cluded language in my amendment ability to develop and implement pro- ment relates to the Request for Pro- which states that NIH cannot give its gram innovations and threatened their posals (RFP) recently issued by the Na- contract to a facility that has been capacity to administer vaccines. These tional Institutes of Health for the care charged multiple times with egregious reductions over the past several years of 288 chimpanzees recently acquired violations of the Animal Welfare Act, have also forced states to scale back on by NIH from The Coulston Foundation. as is the case with The Coulston Foun- other important activities such as The Coulston Foundation, an animal dation. These animals can live to 50, community outreach, parental and research facility in Alamogordo, New even 60 years of age, and are very simi- physician education and the develop- Mexico, has a very troubling record of lar to humans in many ways. We ment and operation of registries. animal care, and has been investigated should make certain that they receive This reduction in the operations and and charged by the U.S. Department of the level of care appropriate to them. infrastructure grant awards has had a Agriculture numerous times for egre- The amendment which I am offering significant impact on my home state of gious violations of the Animal Welfare will address these concerns. I would Rhode Island. My state has gone from a Act relating to the deaths of several like to thank the managers for work- high of approximately $3 million to a chimpanzees and other primates. At ing out this language and for sup- low of $500,000 in just four years. These least 14 chimpanzees and 4 monkeys porting my amendment. kinds of swings in funding make it vir- have died at the lab in the past seven AMENDMENT NO. 3711 tually impossible for a state to admin- years, due to negligence and a lack of (Purpose: To Provide an additional $800,000 ister its program, let alone plan ahead appropriate veterinary care. for technology and media services and to Last August, following the deaths of for the future. provide an offset) several chimpanzees at Coulston, And these dramatic declines have not At the end of title III, insert the following: USDA ordered the lab to halve its only happened in my state—they have SEC. ll. TECHNOLOGY AND MEDIA SERVICES. chimpanzee colony, leading to the Notwithstanding any other provision of happened in virtually every state in transfer of 288 chimps to NIH. However, this Act— the country. the transfer was in title only. For the (1) the total amount appropriated under Fortunately, my state has been ex- time being, the chimpanzees will re- this title under the heading ‘‘OFFICE OF SPE- tremely successful thus far in expand- main in Coulston’s physical possession, CIAL EDUCATION AND REHABILITATIVE SERV- ICES’’ under the heading ‘‘SPECIAL EDU- ing immunization coverage rates in the in direct defiance of the spirit and in- nation (89%). However, continued vigi- CATION’’ to carry out the Individuals with tent of the USDA order. Disabilities Education Act shall be lance is necessary to maintain cov- I am eager, therefore, for NIH to pro- erage rates in states like Rhode Island, $7,353,141,000, of which $35,323,000 shall be ceed with its RFP to secure the serv- available for technology and media services; while additional effort and resources ices of an entity that can provide high and are required to bring up immunization quality care for the 288 chimpanzees. (2) the total amount appropriated under rates in areas like Chicago (69%) and The easiest way to ensure this is to in- this title under the heading ‘‘DEPARTMENTAL Houston (56%). sist that bidders for the contract be ac- MANAGEMENT’’ under the heading ‘‘PROGRAM Mr. President, we must remain dili- credited by the Association for the As- ADMINISTRATION’’ shall be further reduced by gent and focused on our immunization sessment and Accreditation for Labora- $800,000. goals and invest in the tools necessary tory Animal Care, International, or Mr. DODD. Mr. President, I thank to protect our children. This additional AAALAC. AAALAC is a private, inter- the chairman, Senator SPECTOR, and funding will help to achieve that end nationally recognized accrediting body. the Ranking member, Senator HARKIN, by restoring immunization grant Its stamp of approval guarantees that a for accepting an amendment I have awards to a level that will enable laboratory provides high standards of proposed to S. 2553, the Labor, Health states to carry out critical program ac- care to its animals. AAALAC accredi- and Human Services, and Education, tivities. As I mentioned before, our tation is often required in Public and related agencies appropriation bill amendment would add $37.5 million Health Service (PHS) contracts and, in for fiscal year 2001. This amendment over two years to the CDC operations fact, is strongly based on strict compli- provides an additional $800,000 for the and infrastructure grant program. ance with NIH’s own Guide for the Care Technology and Media Services section The IOM report makes clear that our and Use of Laboratory Animals. In 1994, of the Department of Education appro- immunization system is at a critical NIH made a site visit to The Coulston priation. The funds allocated to Tech- juncture, and I am pleased that Chair- Foundation, and recommended that nology and Media Services are cru- man SPECTER and Ranking Member Coulston achieve AAALAC accredita- cially important because they are used HARKIN have agreed to accept our tion within 3–5 years. That was six to make competitive awards to support amendment because we should not wait years ago, and Coulston is still not ac- the development, demonstration, and for a serious outbreak to a vaccine-pre- credited by this international organiza- use of technology and education media ventable disease to address the short- tion, despite applying. activities of value to children with dis- fall in the CDC immunization program. Although I would expect that any en- abilities. In that regard, the National Theatre AMENDMENT NO. 3710 tity selected by NIH to receive this contract would be highly qualified and of the Deaf (NTD) has a long and wor- (Purpose: To require that contracts for the thy history as an organization dedi- care of research NIH chimpanzees be therefore AAALAC-accredited, bidders awarded to contractors that comply with for the contract that are not accredited cated to helping deaf and hard-of-hear- the Animal Welfare Act) may demonstrate their qualifications ing children and adults achieve their At the appropriate place, add the fol- by holding a valid PHS Animal Welfare fullest potential. In 1967, the NTD was lowing: ‘‘None of the funds appropriated Assurance. In theory, an Animal Wel- created with the assistance of the De- under this Act shall be expended by the Na- fare Assurance shows that a laboratory partment of Education to support edu- tional Institutes of Health on a contract for is compliant with the federal Animal cational and artistic programs for the the care of the 288 chimpanzees acquired by Welfare Act and PHS policy on animal deaf community. With strong and en- the National Institutes of Health from the care. Sometimes these assurances are during support from the Congress, the Coulston Foundation, unless the contractor restricted. For instance, Coulston’s as- NTD has developed an innovative is accredited by the Association for the As- training program and seasonal work- sessment and Accreditation of Laboratory surance is restricted because of its poor Animal Care International or has a Public animal care record. However, it is still shop series to foster the growth of a Health Services assurance, and has not been considered valid. unique form of theater. Presented in charged multiple times with egregious viola- I think it is important to stress that both American Sign Language and spo- tions of the Animal Welfare Act.’’. the recipient of NIH’s contract should ken English, NTD performance have

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 13312 CONGRESSIONAL RECORD—SENATE June 30, 2000 expanded the boundaries of theatrical and provide technical skills training, ministration has been required to es- expression and made an original con- $5,000,000 shall be made available to provide tablish safeguards to protect personal tribution to professional theater while grants to enable elementary and secondary medical information of Americans be- simultaneously building bridges be- schools to provide physical education and cause this Congress missed its own self- improve physical fitness’’. tween the hearing and non-hearing imposed deadline. If we’re not going to communities. The NTD has repeatedly AMENDMENT NO. 3714 do our job in Congress, we should at won recognition for it’s work over the (Purpose: To provide grants to states and least support the Office that will have last 33 years, including a Tony Award. local government for early childhood to do it for us. The NTD has touched over 3.5 million learning for young children) In 1996, Congress passed the Health people through local, national and On page 41, at the beginning of line 12 in- Insurance Portability and Account- international live performances, and sert the following: ‘‘$5,000,000 shall be made ability Act (HIPAA). This legislation millions more through televised spe- available to provide grants for early child- set a self-imposed deadline for Con- cials. As a result of the massive success hood learning for young children, of which’’. gress to pass comprehensive medical of the NTD , more than 40 similar The- privacy legislation by August 1999. If AMENDMENT NO. 3715 aters of the Deaf have sprung up world- Congress was unable to meet the dead- wide. (Purpose: To increase funding for the Office line, the Secretary of the Department of Civil Rights of the Department of of Health and Human Services was re- Unfortunately, in fiscal year 2000, the Health and Human Services) NTD was not funded by the Depart- quired by law to establish medical pri- On page 45, line 4, insert before the period vacy protection through regulation. ment of Education, an unintended con- the following: ‘‘: Provided, That an additional sequence of modifications made by Secretary Shalala issued her draft reg- $2,500,000 shall be made available for the Of- ulations last fall and there was a public Congress to the Individuals with Dis- fice for Civil Rights: Provided further, That comment period that extended until abilities Education Act in 1997. I have amounts made available under this title for this past February. Currently, HHS is no reason to believe that the Congress the administrative and related expenses of working to finalize the draft regula- is any less supportive of the National the Department of Health and Human Serv- tions which should be issued later this Theater of the Deaf today than it has ices shall be reduced by $2,500,000’’. ∑ Mr. LEAHY. Mr. President, I want year. been for the last 33 years. It is the in- I have been on this Senate floor to thank my colleagues Senator SPEC- tent of the amendment that I offer countless times to talk about the need TER and Senator HARKIN for including today to provide the Department of to establish privacy protections for an amendment I have offered to in- Education with sufficient means to personal medical information. It an- crease funding for the Office of Civil fund an additional competitive grant gers me that this Congress could not Rights (OCR) at the Department of from the Special Education Tech- even move privacy protections through Health and Human Services (HHS) as nology and Media Services program. the committee process, let alone, to ac- part of the managers’ package. My Once again, I am grateful to the tually have a debate on this critical amendment would provide an increase Chairman and Ranking Member for ac- issue before the full Senate. We of $2.5 million for the Office of Civil cepting this amendment and, I think I couldn’t do the job on our own and we Rights to protect the civil rights of speak for our colleagues in thanking have instead shifted the responsibility them for their continued support for Americans. I want to take a moment to to the administration. This Congress the deaf and hard-of-hearing commu- explain why I believe this funding in- has the responsibility to protect the nity in our country. crease is so important. privacy of Americans—and that in- The Office of Civil Rights at HHS has Mr. SPECTER. I would like to com- cludes the protection of their medical mend the Senator from Connecticut for the responsibility to enforce civil records. The place for these protections bringing this amendment to our atten- rights laws in the health and human is in legislation—not regulation. But tion. While the amount requested in service setting throughout the United that’s not the issue right now. The this amendment is a modest sum, it States. What does this mean? Essen- issue before us is the need to ade- will make a major difference to an im- tially, the Office of Civil Rights over- quately fund the office that will have portant community in this country. I sees anyone who receives funding from the sole responsibility for enforcing look forward to working with the Sen- HHS—hospitals, managed care organi- these essential privacy protections. ator from Connecticut as this matter zations, nursing homes, and social The FY 2000 Budget for the Office of moves to conference. service agencies among others—to en- Civil Rights is $22 million. This figure Mr. HARKIN. I would like to asso- sure they are complying with civil has remained unchanged since 1980. I ciate myself with the remarks of my rights statutes. Although it enforces a find this hard to believe. The Office has Chairman and that of the Senator from wide array of civil right laws, the bulk seen its enforcement responsibilities Connecticut, particularly with regard of OCR’s efforts center around enforce- increase dramatically with the passage to the important role that the National ment of Title VI of the Civil Rights Act of the Americans with Disabilities Act Theater of the Deaf has played over the of 1964, which addresses discrimination and other major legislation. Add the last 33 years. I pledge to do what I can in federally funded programs, and the impending implementation of the med- to ensure the conference agreement Americans with Disabilities Act. ical records privacy regulation and it carriers out the intent of the Senator The civil rights challenges that con- becomes clear that this budget must from Connecticut. front OCR continue to grow. A few of come in line with the current times AMENDMENT NO. 3712 the issues the office is focusing on in- and allow the Office to do what they In amendment No. 3633, as modified, strike clude racial and ethnic disparities in must—protect the civil rights of Amer- ‘‘$78,200,000’’ and insert ‘‘$35,000,000’’ in lieu health; ensuring that individuals with icans. thereof. disabilities avoid unnecessary institu- This additional funding provided in tionalization and can live in their com- this amendment will help the Office of AMENDMENT NO. 3713 munities; and fighting discrimination Civil Rights do the job we have asked (Purpose: To provide grants to states for among minorities and individuals with them to do. I do not think this increase high schools to improve academic perform- disabilities in managed care. is nearly enough. However, I recognize ance and provide technical skills training It seems to me that this office al- that we have limited funds for a wide and grants to elementary and secondary ready has a pretty big workload. Well, range of important programs. I am schools to provide physical education and improve physical fitness) it is about to become much larger. In hopeful that this will be the first of addition to the important efforts the On page 69, line 2, after the colon insert the many steps to increase the resources following proviso: ‘‘Provided further, That of OCR currently works on, this office for this office. Again, I want to thank the funds appropriated $5,000,000 shall be will soon be responsible for imple- my colleagues for their support of this made available for a high school state grant menting and enforcing the proposed amendment and for their support of the program to improve academic performance medical privacy regulations. The ad- important work of this office.∑

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13313 Mr. HARKIN. Mr. President, I rise to on the daily lives of people with dis- FY2000 for the Health Resources and support the increase in funding for the abilities and their ability to live and Services Administration (HRSA) and Office of Civil Rights at the Depart- participate in their communities. Centers for Disease Control and Pre- ment of Health and Human Services. AMENDMENT NO. 3716 vention (CDC) to initiate planning for The Office of Civil Rights (OCR) en- (Purpose: To increase the amount of funds the national toll-free number and to forces civil rights laws in health and made available for activities that improve begin assisting the local poison control human services settings. OCR oversees the quality of infant and toddler child centers’ other efforts. Because of that hospitals, managed care organizations, care) initial investment, the national toll- nursing homes, social service agen- On page 40, line 5, strike ‘‘$60,000,000’’ and free number will be fully operational cies—literally any state, local, or pri- insert ‘‘$100,000,000’’. by September 30th of this year. The new toll-free number will provide easy vate agency that receives HHS funding, AMENDMENT NO. 3717 to ensure compliance with civil rights access to poison control services no (Purpose: To increase funding to provide as- matter where you are in the country by laws. sistance for poison prevention and to sta- In the next year, OCR will be respon- bilize the funding of regional poison con- directing calls to the local poison con- sible for enforcing several initiatives of trol centers) trol center closest to you. To ensure that the local centers can real importance to me and to health On page 54, between lines 10 and 11, insert care consumers across America. First, the following: maintain current operations and han- OCR will be responsible for enforcing SEC. ll. (a) In addition to amounts made dle increases in calls resulting from the landmark health information pri- available under the heading ‘‘Health Re- the new toll-free number, the centers vacy regulations. These regulations sources and Services Administration-Health must be funded at an adequate level. Resources and Services’’ for poison preven- will provide consumers with protec- The investment this bill makes will tion and poison control center activities, help poison control centers continue tions against the inappropriate disclo- there shall be available an additional sure of their health information. In- providing essential services to parents $20,000,000 to provide assistance for such ac- and to the public now and in the fu- deed, Americans are concerned about tivities and to stabilize the funding of re- ture. who gets to see and use their personal gional poison control centers as provided for Investing in poison control centers medical information. Privacy is the pursuant to the Poison Control Center En- hancement and Awareness Act (Public Law just makes good economic sense. Do first defense against discrimination on you realize that for every dollar spent the basis of health status—an issue I 106-174). (b) Amounts made available under this Act on poison control center services, we know a lot about through my work on for the administrative and related expenses can save $7 dollars in medical costs? the Americans with Disabilities Act. of the Department of Health and Human The average cost of a poisoning expo- One of OCR’S other top priorities in Services, the Department of Labor, and the sure call to a poison control center is the coming year is to enforce the Department of Education shall be reduced $31.28. The average cost of using other Americans with Disabilities Act (ADA) further on a pro rata basis by $20,000,000. health care system options, like emer- by working with states and advocates Mr. DEWINE. Mr. President, I rise gency room services, for example, is to develop programs to enable people today to thank the Chairman of the $932 dollars. with disabilities to live in community- Labor, Health, and Education Appro- Each year, the Central Ohio Poison based settings, as required by the Su- priations Subcommittee, Senator SPEC- Center handles more than 66,000 calls, preme Court’s Olmstead decision. Just TER, and the Ranking Member, Senator and the Cincinnati Poison Center han- last year, in L.C. v. Olmstead, the Su- HARKIN, for their support of our Na- dles about 78,000 calls. According to Dr. preme Court held that state Medicaid tion’s poison control centers. Because Marcel Casavant—medical director for programs must comply with the ADA’s of their help, the appropriations bill we the Central Ohio Poison Center and integration mandate. The Court held pass will contain a sound investment in emergency department physician at that under the ADA, people with dis- these centers. Columbus Children’s Hospital—the abilities have the right to be included Mr. President, many of us—as par- Central Ohio Poison Center refers call- in our communities, not segregated be- ents—have experienced the terrifying ers to their doctors or to an emergency hind the closed doors of institutions situation when a child accidently swal- department about 10 percent of the and excluded from the mainstream. lows something potentially toxic. For- time. The other 90 percent of cases This decision means that unjustified tunately, poison control centers are in don’t usually require a trip to the isolation now properly is regarded as place to field poison-related phone emergency room and can be treated discrimination when it is based on dis- calls and to offer parents and everyone and monitored right at home with ability. valuable medical advice when these treatment advice provided by poison The Department of Health and types of emergencies arise. Addition- control professionals. Poison control Human Services has already taken ally, the professionals at the centers centers save lives and save money by steps to ensure that states comply with provide education and training to the offering immediate treatment advice. the Supreme Court’s decision. The De- public to help prevent poisonings. They help keep patients from calling partment sent a letter to state Med- Without a doubt, poison control cen- 911 or going to emergency rooms un- icaid directors and others emphasizing ters offer vital health services. necessarily, while offering immediate the Court’s suggestion that states de- Earlier this year, Congress passed treatment advice to callers. velop a comprehensive plan for placing legislation that I sponsored along with Throughout the United States each qualified individuals with disabilities 34 of my colleagues—and the President year, more than two million poisonings in less restrictive settings and ensure signed it into law—which authorizes are reported to poison control centers. that their waiting lists for community- $27.6 million to be used to fund a na- More than 90 percent of these based services move at a reasonable tional toll-free number to ensure ac- poisonings happen in the home, and pace that is not controlled by the cess to poison control center services; a over 50 percent of poisoning victims are state’s endeavors to keep its institu- nationwide media campaign to educate children younger than six years of age. tions fully populated. the public and health care providers My own personal experience with poi- This so-called ‘‘Olmstead Letter’’ is a about poison prevention; and a grant son control centers occurred two years great first step. However, a law is only program to: (1) Help certified regional ago, when our granddaughter, Isabelle, as effective as its enforcement, and poison control centers achieve finan- who was two years old at the time, fell that is why OCR is so important to the cial stability; (2) Prevent poisonings; into a bucket of bubble solution as we civil rights of people with disabilities. (3) Provide treatment recommenda- were wrapping up our annual Ice Cream This new funding will help OCR to en- tions for poisonings; and (4) Improve Social at our home in Cedarville, Ohio. sure that as we approach the ADA’s poison control center services. We feared that Isabelle may have swal- 10th anniversary next month, the ADA Last year, I worked with Senator lowed some of the solution, since she will continue to have a very real effect SPECTER, to include $3 million in was covered with it from head to toe.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 13314 CONGRESSIONAL RECORD—SENATE June 30, 2000 My sister-in-law, who is a nurse, im- sulted in about 1000 calls to one poison care facility, residential treatment center, mediately called the poison control center in Ohio, with similar numbers of or other health care facility, that receives center to determine whether Isabelle calls to poison centers in Illinois, Indi- support in any form from any program sup- had swallowed a poisonous substance. ana, and Missouri. The poison centers ported in whole or in part with funds appro- priated to any Federal department or agency We were very lucky. The professional were able to reassure callers about the shall protect and promote the rights of each at the local poison control center told low toxicity of small oral ingestion of resident of the facility, including the right us immediately what to do and ex- asbestos and referred callers to the to be free from physical or mental abuse, plained that we needed to rinse Isabelle company’s customer service number. corporal punishment, and any restraints or off and have her drink several glasses Despite their obvious value, poison involuntary seclusions imposed for purposes of water to flush the solution through control centers have been seriously of discipline or convenience. her system. But for the quick response under-funded. The centers have been fi- ‘‘(b) REQUIREMENTS.—Restraints and seclu- sion may only be imposed on a resident of a of that local poison control center, we nanced through unstable arrangements facility described in subsection (a) if— would probably have ended up taking from a variety of public and private ‘‘(1) the restraints or seclusion are imposed Isabelle to the emergency room need- sources. Over the last two decades, to ensure the physical safety of the resident, lessly. there has been a steady decline in the a staff member, or others; and My friend and colleague from Michi- number of poison control centers in the ‘‘(2) the restraints or seclusion are imposed gan, Senator ABRAHAM, also had his United States. In 1978, there were more only upon the written order of a physician, own personal experience with a poison than 600 poison control centers nation- or other licensed independent practitioner center. In 1999, he and his wife were at wide. Today, there are fewer than 75— permitted by the State and the facility to home and spotted their toddler son, order such restraint or seclusion, that speci- of which, only 53 are certified. Since fies the duration and circumstances under Spencer, with an open bottle of allergy 1991, six centers in Ohio have closed, which the restraints are to be used (except in medicine. They immediately called the leaving only three in current oper- emergency circumstances specified by the poison center. The Abrahams, too, were ation. Secretary until such an order could reason- very lucky. As it turned out, little This trend has jeopardized the ability ably be obtained). Spencer hadn’t swallowed more than of the remaining poison control centers ‘‘(c) DEFINITIONS.—In this section: an ounce, so the poison center staff nationwide to provide immediate, ‘‘(1) RESTRAINTS.—The term ‘restraints’ recommended that his parents just around-the-clock service to all Ameri- means— ‘‘(A) any physical restraint that is a me- monitor him at home through the cans. As a result, more emergency chanical or personal restriction that immo- night. rooms are likely to be visited by anx- bilizes or reduces the ability of an individual While poisonings very often affect ious parents who fear their children to move his or her arms, legs, or head freely, children, adults also face situations ne- were accidentally poisoned. This is a not including devices, such as orthopedically cessitating information and help from trend that is increasing the total cost prescribed devices, surgical dressings or ban- poison control centers. The centers of treating poisonings and increasing dages, protective helmets, or any other provide services for adults who have the risk of accidental injury or death. methods that involves the physical holding been exposed to potentially poisonous Mr. President, I am pleased that my of a resident for the purpose of conducting or toxic substances. Take the example routine physical examinations or tests or to colleagues have agreed to take things protect the resident from falling out of bed of what occurred in Marysville, Ohio. to the next level and are providing a or to permit the resident to participate in Thirty workers in a manufacturing substantial investment in these cen- activities without the risk of physical harm plant in Marysville were victims of gas ters. This investment will help bring to the resident; and exposure. Twenty of these workers stability to our nation’s poison control ‘‘(B) a drug or medication that is used as a went to Union Memorial Hospital. The centers and bring peace of mind to par- restraint to control behavior or restrict the hospital contacted the poison center, ents. resident’s freedom of movement that is not a after which these patients were given I thank the Chair and yield the floor. standard treatment for the resident’s med- oxygen and later discharged that same ical or psychiatric condition. AMENDMENT NO. 3718 ‘‘(2) SECLUSION.—The term ‘seclusion’ day. Ten others went to a different hos- (Purpose: To increase funds for the National means any separation of the resident from pital which did not call a poison cen- Program of Cancer Registries) the general population of the facility that ter. These patients were not released On page 27, line 24, before the period insert prevents the resident from returning to such until the next day, even though their the following: ‘‘: Provided further, That in ad- population if he or she desires. symptoms did not differ from the other dition to amounts made available under this ‘‘SEC. 582. REPORTING REQUIREMENT. 20 workers. heading for the National Program of Cancer ‘‘(a) IN GENERAL.— Each facility to which Because the local poison centers Registries, an additional $15,000,000 shall be the Protection and Advocacy for Mentally Ill cover a lot of area and handle a large made available for such Program and special Individuals Act of 1986 applies shall notify number of exposure cases, they can emphasis in carrying out such Program shall the appropriate agency, as determined by the help identify trends and patterns of ex- be given to States with the highest number Secretary, of each death that occurs at each such facility while a patient is restrained or posure which might not otherwise be of the leading causes of cancer mortality: Provided further, That amounts made avail- in seclusion, of each death occurring within recognized by individual health care able under this Act for the administrative 24 hours after the patient has been removed providers. The organized network of and related expenses of the Centers for Dis- from restraints and seclusion, or where it is poison centers facilitates instant com- ease Control and Prevention shall be reduced reasonable to assume that a patient’s death munication of public health concerns, by $15,000,000’’. is a result of such seclusion or restraint. A as well as effective methods of treat- notification under this section shall include ment. For example, in 1993, an Oregon AMENDMENT NO. 3719 the name of the resident and shall be pro- Poison Center staff member noticed a (Purpose: To protect the rights of residents vided not later than 7 days after the date of of certain health care facilities) the death of the individual involved. cluster of symptomatic callers who had ‘‘(b) FACILITY.—In this section, the term all used an aerosol leather protector. On page 92, between lines 4 and 5, insert ‘facility’ has the meaning given the term ‘fa- Subsequent investigation revealed the following: cilities’ in section 102(3) of the Protection similar cases in the preceding four SEC. ll. Title V of the Public Health and Advocacy for Mentally Ill Individuals days. Immediate notification of other Service Act (42 U.S.C. 290aa et seq.) is Act of 1986 (42 U.S.C. 10802(3)).’’. amended by adding at the end the following: centers confirmed cases in other states. ‘‘SEC. 583. REGULATIONS AND ENFORCEMENT. Contact with the manufacturer and ‘‘PART G—REQUIREMENT RELATING TO ‘‘(a) TRAINING.—Not later than 1 year after subsequent product removal occurred THE RIGHTS OF RESIDENTS OF CER- the date of enactment of this part, the Sec- TAIN FACILITIES retary, after consultation with appropriate within only four hours. State and local protection and advocacy or- Here’s another example: On January ‘‘SEC. 581. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN ganizations, physicians, facilities, and other 28, 1998, there was a nationwide recall FACILITIES. health care professionals and patients, shall of a popular snack cake due to possible ‘‘(a) IN GENERAL.—A public or private gen- promulgate regulations that require facili- asbestos contamination. This recall re- eral hospital, nursing facility, intermediate ties to which the Protection and Advocacy

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13315 for Mentally Ill Individuals Act of 1986 (42 (5) The hospital-based paramedics, also and substate areas, the extent to which the U.S.C. 10801 et seq.) applies, to meet the re- known as mobile intensive care units, are re- allocatiion of such funds encourage the tar- quirements of subsection (b). imbursed under the medicare program when geting of state funds to areas with higher ‘‘(b) REQUIREMENTS.—The regulations pro- they respond to advanced life support emer- concentrations of children from low-income mulgated under subsection (a) shall require gencies. families, the implications of current dis- that— (6) These 2-tiered State health systems tribution methods for such funds, and for- ‘‘(1) facilities described in subsection (a) save the lives of thousands of residents of mula and other policy recommendations to ensure that there is an adequate number of those States each year, while saving the improve the targeting of such funds to more qualified professional and supportive staff to medicare program, in some instances, as effectively serve low-income children in both evaluate patients, formulate written individ- much as $39,000,000 in reimbursement fees. rural and urban areas, and for preparing in- ualized, comprehensive treatment plans, and (7) When Congress requested that the terim and final reports based on the results to provide active treatment measures; Health Care Financing Administration enact of the study, to be submitted to Congress not ‘‘(2) appropriate training be provided for changes to the emergency medical services later than February 1, 2001, and April 1, 2001. the staff of such facilities in the use of re- fee schedule as a result of the Balanced On page 70, line 7, strike ‘‘$396,672,000’’ and straints and any alternatives to the use of Budget Act of 1997, including a general over- insert ‘‘$396,671,000’’. restraints; and haul of reimbursement rates and administra- ‘‘(3) such facilities provide complete and tive costs, it was in the spirit of stream- accurate notification of deaths, as required lining the agency, controlling skyrocketing AMENDMENT NO. 3724 under section 582(a). health care costs, and lengthening the sol- ‘‘(c) ENFORCEMENT.—A facility to which vency of the medicare program. (Purpose: To provide assistance to Tribal this part applies that fails to comply with (8) The Health Care Financing Administra- Colleges or Universities for construction any requirement of this part, including a tion is considering implementing new emer- and renovation projects under section 316 failure to provide appropriate training, shall gency medical services reimbursement of the Higher Education Act of 1965, with not be eligible for participation in any pro- guidelines that would destabilize or elimi- an offset) gram supported in whole or in part by funds nate the 2-tier system that have developed in At the end of title III, insert the following: appropriated to any Federal department or these States. agency.’’. (b) SENSE OF THE SENATE.—It is the sense SEC. . of the Senate that the Health Care Financ- The amount made available under this AMENDMENT NO. 3720 ing Administration should— title under the heading ‘‘OFFICE OF POSTSEC- (Purpose: To provide funding for certain ac- (1) consider the unique nature of 2-tiered ONDARY EDUCATION’’ under the heading tivities of the Occupational Safety and emergency medical services delivery systems ‘‘HIGHER EDUCATION’’ to carry out section 316 Health Administration with respect to all when implementing new reimbursement of the Higher Education Act of 1965 is in- employers) guidelines for paramedics and hospitals creased by $5,000,000, which increase shall be under the medicare program under title On page 13, line 20, strike ‘‘Provided’’ and used for construction and renovation XVIII of the Social Security Act; and insert the following: ‘‘: Provided, That of the projects under such section; and the amount (2) promote innovative emergency medical amount appropriated under this heading that made available under this title under the service systems enacted by States that re- is in excess of the amount appropriated for heading ‘‘OFFICE OF POSTSECONDARY EDU- duce reimbursement costs to the medicare such purposes for fiscal year 2000, at least CATION’’ under the heading ‘‘HIGHER EDU- program while ensuring that all residents re- $22,200,000 shall be used to carry out edu- CATION’’ to carry out part B of title VII of ceive quick and appropriate emergency care cation, training, and consultation activities the Higher Education Act of 1965 is decreased when needed. as described in subsections (c) and (d) of sec- by $5,000,000. tion 21 of the Occupational Safety and AMENDMENT NO. 3722 Mr. BINGAMAN. Mr. President, on Health Act of 1970 (29 U.S.C. 670(c) and (d)): behalf of the cosponsors of this amend- Provided further,’’. (Purpose: To provide additional funds for the Perkin’s loan cancellation program, with ment I thank Senators SPECTER and AMENDMENT NO. 3721 an offset) HARKIN for dedicating $5,000,000 from (Purpose: To express the sense of the Senate On page 71, after line 25, add the following: the Fund for the improvement of Post- that the Health Care Financing Adminis- SEC. ll. (a) In addition to any amounts secondary Education for desperately- tration should consider current systems appropriated under this title for the Perkin’s needed construction and renovation that provide better, more cost-effective loan cancellation program under section 465 projects at the 32 Tribal Colleges and emergency transport before promulgating of the Higher Education Act of 1965 (20 U.S.C. Universities that comprise the Amer- any final rule regarding the delivery of 1087ee), an additional $30,000,000 is appro- ican Indian Higher Education Consor- emergency medical services) priated to carry out such program. (b) Notwithstanding any other provision of tium. On page 54, between lines 10 and 11, insert this Act, amounts made available under ti- the following: These institutions serve students tles I and II, and this title, for salaries and from over 250 federally recognized SEC. ll. SENSE OF THE SENATE REGARDING expenses at the Departments of Labor, Tribes in some of the most impover- THE DELIVERY OF EMERGENCY Health and Human Services, and Education, MEDICAL SERVICES. ished parts of the country. Anyone who respectively, shall be further reduced on a (a) FINDINGS.—The Senate finds the fol- pro rata basis by $15,000,000. has ever visited one has seen the over- lowing: crowding and the poor condition of the (1) Several States have developed and im- AMENDMENT NO. 3723 facilities; crumbling foundations, plemented a unique 2-tiered emergency med- leaky roofs, exposed wiring, and many ical services system that effectively provides (Purpose: To provide for a study evaluating services to the residents of those States. the extent to which funds made available other safety hazards were in fact re- (2) These 2-tiered systems include volun- under part A of title I of the Elementary cently estimated to require $120 mil- teer and for-profit emergency medical tech- and Secondary Education Act of 1965 are lion in repairs. nicians who provide basic life support and targeted to schools and local educational The $5,000,000 supplemental to the hospital-based paramedics who provide ad- agencies with the greatest concentrations of school-age children from low-income Title III Strengthening Tribal Colleges vanced life support. and Universities funding recommended (3) These 2-tiered systems have provided families) universal access for residents of those States On page 71, after line 25, insert the fol- by the committee will provide some re- to affordable emergency services, while si- lowing: lief to the inadequate and unsafe condi- multaneously ensuring that those persons in SEC. 305. The Comptroller General of the tions at many of the Tribal Colleges need of the most advanced care receive such United States, shall evaluate the extent to and Universities and hopefully will care from the proper authorities. which funds made available under part A of help the institutions leverage addi- (4) One State’s 2-tiered system currently title I of the Elementary and Secondary Edu- tional private funds. However, we know has an estimated 20,000 emergency medical cation Act of 1965 are allocated to schools the needs are extremely great, and technicians providing ambulance transpor- and local educational agencies with the hope that the Congress will sustain and tation for basic life support and advanced greatest concentrations of school-age chil- life support emergencies, over 80 percent of dren from low-income families, the extent to expand this commitment of federal re- which are handled by volunteers who are not which allocations of such funds adjust to sources to aid these schools which play reimbursed under the medicare program shifts in concentrations of pupils from low- such a key role in the education of our under title XVIII of the Social Security Act. income families in different regions, States, Native American populations.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 13316 CONGRESSIONAL RECORD—SENATE June 30, 2000 AMENDMENT NO. 3725 grant under that section to carry out activi- which has been the setting of some of (Purpose: To express the sense of the Senate ties relating to childhood lead poisoning pre- the most determinative moments for regarding the impacts of the Balanced vention may use a portion of the grant funds our democracy, to talk about the state Budget Act of 1997) awarded for the purpose of funding screening of our civic memory. assessments and referrals at sites of oper- On page 54, between lines 10 and 11, insert Thomas Jefferson once famously the following: ation of the Early Head Start programs under the Head Start Act.’’. said, ‘‘If a nation expects to be igno- SEC. ll. SENSE OF THE SENATE REGARDING IM- rant and free, it expects what never PACTS OF THE BALANCED BUDGET ACT OF 1997. AMENDMENT NO. 3728 was and never will be.’’ I am saddened (a) FINDINGS.—The Senate makes the fol- (Purpose: To provide for a study into sexual to say that this Nation, the guardian of lowing findings: abuse in schools) the Jeffersonian ethic, seems well on (1) Since its passage in 1997, the Balanced At the appropriate place add the following: the way today to testing his propo- Budget Act of 1997 has drastically cut pay- (a) Whereas sexual abuse in schools be- sition. ments under the medicare program under tween a student and a member of the school Or so the findings of a recent survey title XVIII of the Social Security Act in the staff or a student and another student is a of America’s college graduates would areas of hospital, home health, and skilled cause for concern in America; suggest. That survey reveals that our nursing care, among others. While Congress (b) Whereas relatively few studies have intended to cut approximately $100,000,000,000 been conducted on sexual abuse in schools next generation of leaders and citizens from the medicare program over 5 years, re- and the extent of this problem is unknown; is leaving college with a stunning lack cent estimates put the actual cut at over (c) Whereas according to the Child Abuse of knowledge of their heritage and the $200,000,000,000. and Neglect Reporting Act, a school adminis- democratic values that have long sus- (2) A recent study on home health care trator is required to report any allegation of tained our country. found that nearly 70 percent of hospital dis- sexual abuse to the appropriate authorities; The University of Connecticut’s charge planners surveyed reported a greater (d) Whereas an individual who is falsely ac- Roper Center found that 81 percent of difficulty obtaining home health services for cused of sexual misconduct with a student seniors from America’s elite institu- medicare beneficiaries as a result of the Bal- deserves appropriate legal and professional anced Budget Act of 1997. protections; tions of higher education received a (3) According to the Medicare Payment Ad- (e) Whereas it is estimated that many grade of D or F on history questions visory Commission, rural hospitals were dis- causes of sexual abuse in schools are not re- drawn from a basic high school exam- proportionately affected by the Balanced ported; ination. Many seniors could not iden- Budget Act of 1997, dropping the inpatient (f) Whereas many of the accused staff tify Valley Forge, words from the Get- margins of such hospitals over 4 percentage quietly resign at their present school district tysburg Address, or even the basic points in 1998. and are then rehired at a new district which principles of the U.S. Constitution. By (b) SENSE OF SENATE.—It is the sense of the has no knowledge of their alleged abuse; comparison, 99 percent of them knew Senate that Congress and the President (g) Therefore, it is the Sense of the Senate should act expeditiously to alleviate the ad- that the Secretary of Education should ini- who Beavis and Butthead were and 98 verse impacts of the Balanced Budget Act of tiate a study and make recommendations to percent knew who the rapper Snoop 1997 on beneficiaries under the medicare pro- Congress and state and local governments on Doggy Dogg was. gram under title XVIII of the Social Secu- the issue of sexual abuse in schools.’’. The Roper survey also shows that rity Act and health care providers partici- most major colleges no longer require pating in such program. AMENDMENT NO. 3729 their students to study history, which (Purpose: To provide increased funding for helps to explain why historical illit- AMENDMENT NO. 3726 school construction under the Impact Act eracy is growing in this country. Stu- (Purpose: To state the sense of the Senate program, with an offset) dents can now graduate from 100 per- regarding funds for programs for early de- On page 58, line 3, strike ‘‘25,000,000’’ and cent of the top colleges and univer- tection and treatment regarding childhood insert ‘‘35,000,000’’. lead poisoning at sites providing Early sities without taking a single course in Amounts made available under this Act for American history. And students at 78 Head Start programs) the administrative and related expenses of At the end of title V, add the following: the Department of Health and Human Serv- percent of those institutions are not SEC. ll. It is the sense of the Senate that ices, the Department of Labor, and the De- required to take any form of history at each entity carrying out an Early Head partment of Education shall be further re- all. Start program under the Head Start Act duced on a pro rata basis by $10,000,000. The American Council of Trustees should— and Alumni, a nonprofit group dedi- (1) determine whether a child eligible to AMENDMENT NO. 3730 cated to the pursuit of academic free- participate in the Early Head Start program (Purpose: To increase funding for adoption dom, has compiled and analyzed these has received a blood lead screening test, incentives) findings in a provocative report enti- using a test that is appropriate for age and On page 41, lines 11 and 12, strike risk factors, upon the enrollment of the child tled ‘‘Losing America’s Memory: His- ‘‘$7,881,586,000, of which $41,791,000’’ and in- in the program; and torical Illiteracy in the 21st Century.’’ sert ‘‘$7,895,723,000, of which $55,928,000’’. (2) in the case of an child who has not re- I would encourage my colleagues to ex- Amounts made available under this Act for ceived such a blood lead screening test, en- the administrative and related expenses of amine this report, a copy of which has sure that each enrolled child receives such a the Department of Health and Human Serv- been sent to every Member’s office. I test either by referral or by performing the ices, the Department of Labor, and the De- ask unanimous consent to have the re- test (under contract or otherwise). partment of Education shall be further re- port printed in the RECORD. duced on a pro-rata basis by $14,137,000. The PRESIDING OFFICER. Without AMENDMENT NO. 3727 objection, it is so ordered. (Purpose: To allocate appropriated funds for AMENDMENT NO. 3731 (See exhibit 1.) programs for early detection and treat- On page 69 on line 24 insert the following: ment regarding childhood lead poisoning Mr. LIEBERMAN. I do so because I ‘‘Provided further, That of the amount made at sites providing Early Head Start pro- believe all of us—elected officials, edu- available under this heading for activities grams) cators, parents, the whole of our citi- carried out through the Fund of the Im- zenry—should be alarmed by findings, On page 27, line 24, strike the period and provement of Education under part A of title insert the following: ‘‘: Provided further, That X, $50,000,000 shall be made available to en- by the Nation’s growing ignorance of the funds made available under this heading able the Secretary of Education to award our past and what it implies for Amer- for section 317A of the Public Health Service grants to develop, implement and strengthen ica’s future. When we lose the memory Act may be made available for programs op- programs to teach American history (not so- of our past, when we lose our under- erated in accordance with a strategy (devel- cial studies) as a separate subject within standing of the remarkable individuals, oped and implemented by the Director for school curricula’’. events, and values that have shaped the Centers for Disease Control and Preven- LOSS OF AMERICA’S CIVIC MEMORY tion) to identify and target resources for this Nation, we are losing much of childhood lead poisoning prevention to high- Mr. LIEBERMAN. Mr. President, I what it means to be an American. We risk populations, including ensuring that come today to the floor of this Cham- are losing touch with the civic glue any individual or entity that receives a ber, which is so rich with history, that binds our diverse Nation into a

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13317 single people with a common purpose. daily practice, it is imperative that all Mr. President, I hope our colleagues And, I fear, we are losing sight of the citizens understand how it was shaped will join us in supporting and adopting lessons our history teaches us and the in the past . . .’ Indeed, the office of this resolution and making an un- fundamental responsibilities we share citizen cannot be properly filled in to- equivocal statement. As we prepare to as citizens in a free democracy. day’s democratic society without an celebrate the Fourth, I can think of no Earlier this week I had the privilege understanding of American history.’’ finer birthday present to the Nation, of joining with my colleague from Stephen H. Balch, President of the no better way to honor the anniversary Washington, Senator GORTON, Con- National Association of Scholars, con- of America’s independence, than for us gressman TOM PETRI of Wisconsin, the cluded: ‘‘More than most nations, first to remember what moved that de- leaders of the ACTA, and assemblage of America is defined by shared memo- termined band of patriots to lay down distinguished historians at a press con- ries. Great deeds, stirring moments, in- all for liberty, what has sustained our ference to underscore the import of spiring heroes, hard-won victories, oc- democracy for these many years, and this report. With the Fourth of July in casional defeats, and, most signifi- for us to act so that our children and the offing, we wanted to seize the op- cantly, lofty ideals—declared, at- those who follow them will never for- portunity of this moment of patriotism tacked, and ultimately vindicated— get. map our collective identity. ACTA’s to in a sense play Paul Revere, and to EXHIBIT 1 begin ringing the alarm bells about the study, ‘Losing America’s Memory,’ thus strongly suggests that were also LOSING AMERICA’S MEMORY—HISTORICAL growing ignorance of the contributions ILLITERACY IN THE 21ST CENTURY that Revere and many other great men in danger of losing America itself. Its [Issued for Presidents’ Day, February and women made to this Nation. findings should be a wake-up call for 21, 2000—Prepared by Anne D. Neal Among the scholars who attended our educators who have been clearly and Jerry L. Martin, American were: Gordon Wood, Professor of His- shirking their responsibilities.’’ Council of Trustees and Alumni] tory at Brown University; John Pat- And David McCullough issued this rick Diggins, Distinguished Professor succinct condemnation: ‘‘The place ‘‘If a nation expects to be ignorant and free, given to history in our schools is a dis- of History, The Graduate Center, City it expects what never was and never will be.’’— grace, and the dreadful truth is very University of New York; James Rees, Thomas Jefferson. few of those responsible for curriculum ‘‘[W]e cannot escape history.’’—Abraham Director of George Washington’s seem to care, even at the highest level Lincoln. Mount Vernon; Jeffrey Wallin, presi- of education.’’ INTRODUCTION dent, American Academy for Liberal These wise men have more than con- Who are we? What is our past? Upon what Education; and Paul Reber, Executive vinced me that this is a national prob- principles was American democracy founded? Director of Decatur House, National lem deserving national attention. In And how can we sustain them?—These are Trust for Historic Preservation. With that spirit, Senator GORTON and I the questions that have inspired, motivated, us, in spirit if not in body, were David today are introducing a resolution that perplexed since the beginning. And they are McCullough, the prize-winning author we hope will help call public attention questions which still elude our full under- standing. Yet they underscore a belief that a of the illuminative biography of Harry to America’s growing historical illit- Truman, and the great Oscar Handlin, shared understanding, a shared knowledge, eracy and ideally begin to mobilize a of the nation’s past unifies a people and en- Professor Emeritus at Harvard. national response. This bipartisan reso- Each of these historians, as well as sures a common civic identity. Indeed, the lution, which is cosponsored by Sen- American system is uniquely premised on several others, issued statements ex- ators BYRD, GORDON SMITH, and the need for an educated citizenry. Embark- pressing their concerns about the con- CLELAND, reaffirms the value we place ing on the experiment of a democratic repub- sequences of losing America’s memory. on our truly exceptional history and lic, the founders viewed public education as I ask unanimous consent to have a col- makes an appeal to begin work imme- central to the ability to sustain a lection of these statements printed in diately on rebuilding our historical lit- participatory form of government. ‘‘If a na- the RECORD. tion expects to be ignorant and free,’’ Thom- eracy. as Jefferson said, ‘‘it expects what never was The PRESIDING OFFICER. Without Our call goes out primarily to Amer- objection, it is so ordered. and never will be.’’ ica’s colleges and universities to re- But the importance of a shared memory (See exhibit 2.) commit themselves to the teaching of appears to have lost its foothold in American Mr. LIEBERMAN. I will read a few history, particularly America’s na- higher education. As we move forward into excerpts, because I think they uniquely tional history. Specifically, it urges the 21st century, our future leaders are grad- speak to the ramifications of the prob- college trustees, administrators, and uating with an alarming ignorance of their lem. State higher education officials around heritage—a kind of collective amnesia—and Gordon Wood explained: ‘‘We Ameri- the country to review their curricula a profound historical illiteracy which bodes cans have a special need to understand ill for the future of the republic. and reinstate requirements in U.S. his- There is a widespread, though unspoken as- our history, for our history is what tory. It also encourages students to se- makes us a nation and gives us our sumption that, if not all citizens, at least lect colleges with history requirements college graduates—certainly those from the sense of nationality. A people like us, and to take college courses in history elite institutions—have a basic under- made up of every conceivable race, eth- whether required or not. standing of this country’s history and found- nicity, and religion in the world, can We also cannot ignore the role of our ing principles. Colleges themselves rarely, if never be a nation in the usual sense of public schools in contributing to this ever, test this assumption. The American the term. . . . Up until recently almost historical ignorance, so we must ask Council of trustees and Alumni (ACTA) de- every American, even those who were educators at all levels to redouble their cided to do so. What do seniors at the na- new immigrants possessed some sense efforts to bolster our children’s knowl- tion’s best colleges and universities know of America’s past, however rudi- and not know about the history of this na- edge of U.S. history and help us restore tion? What grade would they receive if test- mentary and unsophisticated. Without the vitality of our civic memory. This ed? some such sense of history, the citizens point was reinforced at our press con- ACTA commissioned the Roper organiza- of the United States can scarcely long ference by Mount Vernon Director tion—The Center for Survey Research and exist as a united people.’’ James Rees, who noted with despair Analysis at the University of Connecticut— Theodore Rabb, Professor of History that George Washington’s presence in to survey college seniors from the nation’s at Princeton, and Chairman of the Na- elementary school curricula has been best colleges and universities as identified tional Council for History Education, gradually disappearing. As an example, by the U.S. News & World Reports annual quoting historian Kenneth T. Jackson, he related that the textbook being used college rankings. The top 55 liberal arts col- leges and research universities were sampled added: ‘‘ ‘Our binding heritage is a today at the elementary school he at- during December 1999. (For a list, see Appen- democratic vision of liberty, equality, tended contained 10 times fewer ref- dix A.) and justice. If Americans are to pre- erences to the father of our country The questions were drawn from a basic serve that heritage and bring it to than the textbook he used in his youth. high school curriculum. In fact, many of the

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 13318 CONGRESSIONAL RECORD—SENATE June 30, 2000 questions had been used in the National As- It is not surprising that college seniors our society, and the importance of pre- sessment of Educational Progress (NAEP) know little American history. Few students serving it. They lack an understanding of the tests given to high school students. leave high school with an adequate knowl- very principles which bind our society— How did seniors from our nation’s top col- edge of American history and even the best namely, liberty, justice, government by the leges and universities do? They flunked. colleges and universities do nothing to close consent of the governed, and equality under Four out of five—18%—of seniors from the the ‘‘knowledge gap.’’ the law. top 55 colleges and universities in the United The abandonment of history requirements As Lynne Cheney has also written, States received a grade of D or F. They could is part of a national trend. In 1988, the Na- ‘‘Knowledge of the ideas that have molded us not identify Valley Forge, or words from the tional Endowment for the Humanities pub- and the ideals that have mattered to us func- Gettysburg Address, or even the basic prin- licized the first troubling indication that tions as a kind of civic glue. Our history and ciples of the U.S. Constitution. America was losing its historic memory. literature give us symbols to share; they Scarcely more than half knew general in- NEH issued a report concluding that more help us all, no matter how diverse our back- formation about American democracy and than 80% of colleges and universities per- grounds, feel part of a common under- the Constitution. mitted students to graduate without taking taking.’’ Only 34% of the students surveyed could a course in American history while 37% of What Should Be Done? identify George Washington as an American those institutions allowed students to avoid general at the battle of Yorktown, the cul- history altogether. Now, thirteen years Immediate steps must be taken to ensure minating battle of the American Revolution. later, as outlined in Appendix B, standards that the memory of our great nation and its Only 42% were able to identify George have fallen further—100% do not require remarkable past is passed on to the next gen- Washington as ‘‘First in war, first in peace, American history, and 78% require no his- eration. The following actions should be first in the hearts of his countrymen.’’ tory at all. taken by colleges and universities, students Less than one quarter (23%) correctly iden- The problem is not limited to history. In and their families, alumni and donors, state tified James Madison as the ‘‘father of the 1996, the National Association of Scholars and federal governments, and accrediting Constitution.’’ issued another seminal report, The Dissolu- agencies. Even fewer—22% of the college seniors— tion of General Education, which concluded By colleges and universities were able to identify ‘‘Government of the that, during the last thirty years, the com- Colleges and universities should make im- people, by the people, and for the people’’ as mitment of American higher education to a line from the Gettysburg Address—argu- proving students’ historical memory and providing students with a broad and rigorous civic competence an urgent priority. Boards ably one of the three most important docu- exposure to major areas of knowledge has ments underlying the American system of of trustees and state agencies with higher virtually vanished. In its stead, students education oversight should take steps to en- government. pick and choose from a smorgasbord of Over one-third were unable to identify the sure that institutions of higher education courses that are too often on narrow, spe- U.S. Constitution as establishing the divi- have adequate requirements in American cialized topics. As the widely-acclaimed sion of power in American government. history and history in general. Faculty, Little more than half (52%) knew George study by the Association of American Col- whose personal interest often draws them to Washington’s Farewell Address warned leges, Integrity in the College Curriculum, specialized topics, should teach what stu- against permanent alliances with foreign concluded in 1990: ‘‘As far as what passes as dents need to know, not what faculty desire governments. college curriculum, almost anything goes.’’ to teach. Is it any wonder that students end up with What do they know? They get an A+ in The most direct solution is a strong core an understanding that is equally narrow, contemporary popular culture. curriculum, with a broad-based, rigorous fragmented, and less than the sum of its 99% know who the cartoon characters course on American history required of all parts? Beavis and Butthead are. students. The course should include the In the country that gave birth to Jeffer- 98% can identify the rap singer Snoop breadth of American history from the colo- son’s conception of an educated citizenry, Doggy Dogg. nial period to the present, and the long colleges and universities are failing to pro- Beavis and Butthead instead of Wash- struggle to defend liberty against all foes do- vide the kind of general education that is ington and Madison; Snoop Doggy Dogg in- mestic and foreign and to expand democratic needed for graduates to be involved and edu- stead of Lincoln? How did it come to this? rights at home and abroad. Students should cated citizens. Students and parents are paying $30,000 a be required to study the great civic docu- year at elite institutions. For what? Why Does American History Matter? ments of the nation, beginning with the Dec- What Happened to American History? Other than our schools, no institutions laration of Independence, Constitution, the To find out what our nation’s top colleges bear greater responsibility for the trans- Bill of Rights, the Federalist papers, and the and universities demand of students in the mission of our heritage than colleges and Gettysburg Address. Such a course gives stu- area of American history, ACTCA conducted universities. They educate almost two-thirds dents a sense not only of where the country a study of graduation requirements at the of our citizens, including all our school has been, but what it has meant. same 55 colleges and universities surveyed by teachers, lawyers, doctors, journalists, and By students and their families the Roper organization. These are the insti- public leaders. They set the admissions and tutions, such as Harvard and Amherst, which curricular requirements that signal to stu- The first challenge for students and their set the standard for all the rest. (See Appen- dents, teachers, parents, and the public what families is selecting a college. Some colleges dix B.) every educated citizen in a democracy must have strong core curricula that ensure that For each school, the most recent under- know. every graduate will be well-grounded in the graduate course catalog or Internet course What happens in higher education thus re- full range of basic subjects, including Amer- listing was used to define the graduation re- lates directly to what happens in K–12. If col- ican history. Most have loose cafeteria-style quirements and to determine what history or leges and universities no longer require their requirements that let the students choose American history courses are required of students to have a basic knowledge of Amer- for themselves. Some no longer even offer students before they graduate. ican civilization and its heritage, we are all traditional, broad-based courses in American The results are worse than could have been in danger of losing a common frame of ref- history. imagined. Students can now graduate from erence that has sustained our free society for Before selecting a college, students and 100% of the top colleges without taking a so many generations. their families should look at catalogues, ex- single course in American history. As ACTA chairman and former NEH chair- amining requirements and course descrip- Novelist Milan Kundera once said that, if man Lynne V. Cheney observes, in Telling tions and ideally accessing course syllabi on you want to destroy a country, destroy its the Truth, ‘‘[I]t is from our colleges and uni- the web. College is a big investment, and it memory. If a hostile power wanted to erase versities that messages radiate—or fail to ra- deserves as much research as any other America’s civic heritage, it could hardly do a diate to schools, to legal institutions, to pop- major purchase. A hot reputation and fancy better job—short of actually prohibiting the ular culture, and to politics about the impor- student center are no guarantee of a solid study of American history—than America’s tance of reason, of trying to overcome bias, academic program. elite colleges and universities are doing. of seeking truth through evidence and Students who are already attending a col- More shocking still is that, at 78% of the verification.’’ If our graduates leave school lege can make up for colleges’ deficiencies by institutions, students are not required to without knowing the foundations of Amer- selecting for themselves those courses, in- take any history at all. The best that can be ican society, children they teach will cer- cluding American history, that will prepare said is that they are permitted to take his- tainly do no better. them for successful participation in our civic tory to satisfy other requirements in such It is sometimes said that historical facts as well as economic life. Parents should help areas as social sciences or diversity. Only do not matter. But citizens who fail to know their students understand that trendy the fact that many students find history use- basic landmarks of history and civics are un- courses that may strike their short-term ful and interesting saves the subject from likely to be able to reflect on their meaning. fancy will not well serve their long-term extinction. They fail to recognize the unique nature of needs.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13319 By alumni and donors the Republic. Sen. Lieberman and Cong. trends that have permeated our education Alumni should take an active interest in Petri deserve our praise for raising this im- system for decades. But, we cannot expect K– whether their alma maters have strong re- portant issue. We must begin to restore 12 education to take full responsibility; our quirements in American history and other America’s memory. If our best and brightest higher education institutions often have re- basic subjects. They should not allow their are graduating without a grounding in the placed the study of our American culture degrees to be devalued by a decline in college past, we are on our way to losing the under- with watered down programs and curricula standards. standing that makes us all feel part of a that focus more on our popular culture. It is Those who give can be especially helpful, common undertaking, no matter how diverse time for Americans from all walks of life— since it is possible to target gifts to out- our backgrounds. parents, educators, students, and local, state, and national leaders—to step up their standing programs and projects in American John Patrick Diggins, Distinguished Professor efforts to reverse this disturbing trend and history and civic understanding. The Amer- of History, The Graduate Center, City Univer- to make sure our nation’s history is a key ican Council of Trustees and Alumni has es- sity of New York: part of the curriculum at every level. I ap- tablished a program, the Fund for Academic ‘‘We cannot escape history,’’ Abraham Lin- plaud Senator LIEBERMAN and Congressman Renewal (FAR), that assists donors, free of coln warned Americans more than a century PETRI for their strong commitment and bold charge, in identifying outstanding programs ago. According to the American Council of efforts to reverse this trend and to make and directing their gifts to support them. Trustees and Alumni report, students have sure every student knows and appreciates By State and Federal Governments and ac- escaped it and remain happily ignorant of our Republic’s rich history. their own ignorance in an educational estab- crediting agencies James C. Rees, Executive Director, Historic lishment that has surrendered its mission to Consumers in the higher education market Mount Vernon: cannot make wise choices if they have no in- popular culture. With each year that passes, it becomes formation. Most college guides and rankings Gordon Wood, Professor of History, Brown Uni- more and more evident that the people en- give little or no information about the cur- versity: tering our gates at Mount Vernon know next riculum. The U.S. Department of Edu- We Americans have a special need to un- to nothing about the real George Wash- cation—and state government for institu- derstand our history, for our history is what ington. They usually recognize his image tions in their states—should publish and dis- makes us a nation and gives us our sense of from the dollar bill, and sometimes they’re seminate a national report on collegiate nationality. A people like us, made up of familiar with the age-old myths about the standards, listing which colleges require every conceivable race, ethnicity, and reli- cherry tree and the silver dollar toss across such basic subjects as English, history, gion in the world, can never be a nation in the Rappahannock River. But when it comes mathematics, and science, and which do not. the usual sense of the term. Instead, we have to even the most rudimentary facts—what Federal and state governments should tar- only our history to hold us together; McDon- war he was in and when he was president—it get some of the funds from existing grant ald’s can never do it. It’s our history, our is incredible how many people draw a blank. programs to support outstanding core cur- heritage, that makes us a single people. Up And it’s not just the kids in grade school ricula that include American history and until recently almost every American, even who have somehow lost touch with George civics. those who were new immigrants, possessed Washington. It is their parents as well. This Accrediting agencies, which have so often some sense of America’s past, however rudi- most recent survey of college students con- neglected issues of academic quality, should mentary and unsophisticated. Without some firms our worst fear: that the next genera- include adequate requirements in American such sense of history, the citizens of the tion of parents will continue this trend of ig- history and other basic disciplines among United States can scarcely long exist as a norance. To put it as simply as possible, it ¨ their criteria for assessing colleges and uni- united people. would be naıve to think that George Wash- versities. ington could be first in the hearts of this Theodore K. Rabb, Chairman, National Council generation, because it simply doesn’t know CONCLUSION for History Education, Professor of History, and appreciate his remarkable leadership On this Presidents’ Day 2000, it is indeed Princeton University: and character. Since the focus of the National Council for ironic that many—if not most—of our col- Walter A. McDougall, Pulitzer prize-winning History Education (NCHE) is on the improve- lege seniors are unfamiliar with and igno- professor of history, University of Pennsyl- ment of history education in the schools—in- rant about the individuals we celebrate. The vania: time is ripe for citizens, parents, families deed, our one postsecondary initiative has The findings of this excellent ACTA report and policymakers to demand a renewed ex- been to recommend that teachers of history are deemed ‘‘shocking.’’ In fact, they are all ploration and examination of our history. It be certified only if they have a college major too predictable, which is why they deserve is not too late to restore America’s memory. or at least a minor in the subject—we are the widest dissemination. Americans simply not in a position to comment on the findings EXHIBIT 2 cannot expect rigorous history instruction in of Losing America’s Memory except to add their K–12 schools so long as the nation’s STATEMENTS SUBMITTED IN CONJUNCTION WITH our voice to those who are concerned about THE CONGRESSIONAL PRESS CONFERENCE ON elite colleges and universities delete history the growing problem of historical illiteracy from their curricula. HISTORICAL ILLITERACY IN AMERICA—JUNE 27, in the United States. We have long argued Thomas Egan, Chairman of the Board, State 2000 that history should occupy a large and vital David McCullough, Historian, West Tisbury, University of New York: place in the education of both the private ACTA’s recent report ‘‘Losing America’s MA: person and the public citizen. As historian Memory,’’ is alarming proof that our grad- The place given to history in our schools is Kenneth T. Jackson has written, ‘‘Unlike uates are failing to receive a strong ground- a disgrace, and the dreadful truth is very few many people of other nations, Americans are ing in their past. At SUNY, we are pleased to of those responsible for curriculum seem to not bound together by a common religion or be among the vanguard of university boards care, even at the highest level of education. a common ethnicity. Instead, our binding to require U.S. history as part of a core cur- Anyone who doubts that we are raising a heritage is a democratic vision of liberty, riculum demanded of our graduates. Congres- generation of young Americans who are his- equality and justice. If Americans are to pre- sional action today confirms what we have torically illiterate needs only to read Losing serve that vision and bring it to daily prac- already concluded: students must be familiar America’s Memory. tice, it is imperative that all citizens under- with their history in order to be engaged Oscar Handlin, University Professor Emeritus, stand how it was shaped in the past, what participants in the civic life of our nation. Harvard University: events and forces either helped or obstructed Stephen H. Balch, President, National Associa- History is a discipline in decline. There is it, and how it has evolved down to the cir- tion of Scholars: a profound ignorance not only among stu- cumstances and political discourse of our More than most nations, America is de- dents but among their teachers as well. This time.’’ Indeed, the office of citizen cannot be fined by shared memories. Great deeds, stir- study [Losing America’s Memory] confirms filled property in today’s democratic society ring moments, inspiring heroes, hard-won that. without an understanding of American his- victories, occasional defeats, and, most sig- Lynne V. Cheney, Former Chairman, National tory, nor can students afford to go into the nificantly, lofty ideals—declared, attacked, Endowment for the Humanities: twenty-first century ignorant of the history and ultimately vindicated—map our collec- It is regrettable that over the last decade and culture of other nations. tive identity. ACTA’s study, ‘‘Losing Amer- we have seen a continuing decline in empha- Eugene W. Hickock, Secretary of Education, ica’s Memory,’’ thus strongly suggests that sis at the college level on core subjects such Commonwealth of Pennsylvania: we are also in danger of losing America as literature, math, and history. ACTA’s re- ACTA’s recent study, Losing America’s itself. Its findings should be a wake-up call cent report, ‘‘Losing America’s Memory: His- Memory, is deeply troubling for many rea- for our educators who have been clearly torical Illiteracy in the 21st Century,’’ con- sons. The findings suggest to me that the shirking their responsibilities. firms this disturbing trend and underscores a teaching of our nation’s history has taken a Candace de Russy, Member of the Board, Chair- profound historical illiteracy amongst our back seat in our elementary and secondary man, Academic Standards Committee, State Uni- future leaders that bodes ill for the future of schools, likely replaced by failed fads or versity of New York:

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 13320 CONGRESSIONAL RECORD—SENATE June 30, 2000 As part of their duty to ensure the aca- of democracy—makes our shared idea a last- would the Chairman support funding a demic excellence of their institutions, the ing, meaningful part of every new citizen’s demonstration project for model train- nation’s higher-education governing boards life. ing and education programs for the ap- are beginning to promote U.S. history re- The PRESIDING OFFICER. The propriate use of restraints? quirements. We trustees of the State Univer- question is on agreeing to the man- sity of New York have accomplished this by Mr. SPECTER. I thank both Senators mandating the study of American history as agers’ amendments Nos. 3700 through DODD and LIEBERMAN for their work in part of a larger core curriculum which all 3731. bringing this matter to our attention SUNY undergraduates must now pursue. The amendments (Nos. 3700 through and I would certainly support such a This mandate is consonant with our deter- 3731), en bloc, were agreed to. demonstration. mination to raise academic standards. It also Mr. SPECTER. Mr. President, if Mr. LIEBERMAN. I thank the Chair- reflects our commitment to help ground stu- there is any issue about the pendency man for his continuing leadership on dents in the fundamental norms and ideals of the Baucus amendment, I think it is this matter. we as citizens need to hold in common in Mr. DODD. I would like to also thank order that this free society endures. in the managers’ package. I ask unani- mous consent to vitiate the request for the Chairman and the Ranking Member Dr. Balint Vazsonyi, Founder and Director, for their assistance on this issue which Center for the American Founding: the yeas and nays on the Baucus Having grown up in Hungary, in turn under amendment. has been of particular concern in my German National Socialist and Russian The PRESIDING OFFICER. Without state. In fact, I worked to develop leg- International Socialist terror, I have learned objection, it is so ordered. islation last year, S. 976, the Compas- the absolute need of socialists to erase the Mr. SPECTER. Mr. President, par- sionate Care Act, cosponsored by Sen- national memory as a precondition for dis- liamentary inquiry. Are we now ready ator LIEBERMAN, that recognizes the seminating their own fictitious history. The for third reading? critical need for adequate training in so-called National Standards for U.S. His- Mr. GRAMM. Mr. President, I renew restraint use and alternatives to their tory demonstrate that the second stage of use. The Compassionate Care Act was this process is already under way. Alone my point of order. clear identification of the ideology that The PRESIDING OFFICER. The Sen- passed by the Senate unanimously last mandates the erasure of national memory ator from Texas raises his point of year as part of the reauthorization of can provide a meaningful response to the cri- order. The point of order is sustained. the Substance Abuse and Mental sis. It is then up to the advocates of that ide- TRAINING NEEDS FOR APPROPRIATE USE OF Health Services Administration ology whether they desire continued identi- SECLUSION AND RESTRAINT (SAMHSA) legislation and it is my fication with it. Incorporating more of the Mr. LIEBERMAN. Will the Chairman hope that the House of Representatives current, mostly fraudulent histories in the will soon act on this important legisla- curriculum only serves those who have cre- of the Labor Health and Human Serv- ices Appropriations Subcommittee tion. ated the crisis in the first place. Meanwhile, however, it would appear Marc Berley, President, Foundation for Aca- yield for a question? Mr. SPECTER. I will be pleased to to me that there are nationally based demic Standards & Tradition: consumer organizations that could While students may not know as much as yield for a question from the Senator they should about American history, they do from Connecticut. make an important contribution to the know what they’re missing. And they want Mr. LIEBERMAN. First, I want to development of model training and their colleges to do exactly what Senator Jo- compliment the chairman and the education programs that could effec- seph I. Lieberman and Congressman Thomas tively serve to lessen the inappropriate ranking member, Mr. HARKIN for bring- E. Petri are urging. In ‘‘Student Life,’’ a na- use of restraint and seclusion. ing this bill to the Senate in a very tional survey of 1005 randomly selected col- Mr. SPECTER. Yes. It seems to me timely way and for the committee’s at- lege students conducted by Zogby Inter- that such groups would be strong com- national and released last week by the Foun- tention to the several health programs petitors for an education and training dation for Academic Standards and Tradi- funded by this Bill that very broadly demonstration grant. tion, 8 out of 10 college students said their benefit the entire Nation. MEDICARE CONTRACTOR FUNDING schools need to ‘‘do a better job teaching I also want to compliment the chair- Mr. CRAIG. I am concerned about the students the basic principles of freedom in man and the ranking member for the funding level for Medicare contractors. America.’’ committee’s report language from last The Senate committee mark reduces Michael C. Quinn, Executive Director, James year that urged the Department of Madison’s Montpelier: the FY 2001 funding level by $57 million Health and Human Services to address America is forgetting its heritage, and it below the President’s Budget rec- does matter. The American Council of Trust- the inappropriate use of seclusion and ommendation. I believe that this fund- ees and Alumni has recently taken a survey restraint in mental health facilities ing reduction will adversely impact of college seniors, and has exposed the fail- across the Nation that has resulted in fee-for-service claims processing ac- ure of our universities to teach our nation’s tragic and unnecessary deaths and in- tivities and the ability of contractors history. Only 23 percent of the college sen- juries. The committee’s language has iors surveyed could correctly identify James to provide critical beneficiary and pro- helped focus attention on this matter viders services. Madison as the ‘‘Father of the Constitu- and progress has been made. For exam- tion.’’ Why does this matter? It matters be- In the recent past, we have seen the cause the American nation exists through its ple, the Health Care Financing Admin- effect inadequate funding levels can heritage. Americans have only one thing istration (HCFA) has issued interim have on services. In 1998 payments were that unites them as citizens: a shared vision ‘‘conditions of participation’’ rules slowed down, and beneficiaries and pro- of democracy. Citizens of almost every other governing the use of restraints and se- viders were forced to deal with more country are united by a shared language, a clusion in facilities receiving Medicare voice mail rather than human beings shared religion, a shared geography, or a and Medicaid reimbursement. I thank when they called their contractors shared ethnicity. In America, we join to- the committee for its assistance in with questions about claims. We need gether as a people because of nothing more making progress on this matter. than an idea. Yet the idea we share as a peo- to fund this program adequately to en- ple—the constitutional democracy pioneered Mr. President, what we have learned sure beneficiaries get the service they by James Madison and other founding fa- from the National Mental Health Asso- deserve. thers—is one of the most powerful ideas on ciation, the Child Welfare League, and Mr. DORGAN. I want to make it earth. No other form of government has my own states Klingberg Center is that clear that funding to assure the timely guaranteed so much individual liberty and a significant obstacle to making fur- and accurate processing of Medicare economic opportunity to its citizens. The ther progress is the high turnover rate claims also is a high priority for me failure to teach American history, with its in many of the mental health facilities and the beneficiaries in my state. lessons of struggle and idealism, of inspiring across the country and the recurring I am concerned that HCFA projects a leaders like James Madison, is failing our nation. Each generation has an obligation to need to provide training to new per- 3.5 percent increase in claims volume instill the shared idea of democracy into the sonnel in these facilities on the appro- next year and yet our budget flatlined next generation. And American history—the priate use of seclusion and restraint. funding for Medicare contractors. How- story of the birth and success of that vision To address this national problem, ever, I am even more concerned that

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13321 the House has cut the Medicare con- of the subcommittee for their atten- would like to take this opportunity to tractor budget by $79 million from cur- tion to this matter and will keep them compliment the Chairman of the rent levels. The Senate, at the very appraised of future developments. Labor, Health and Human Services, least, must assure that this important MEDICARE INTEGRITY PROGRAM Education Appropriations Sub- program is not cut. Additionally, I Mr. HARKIN. I am very concerned committee, Senator SPECTER, for his would like to work with Senator CRAIG about the proposed $50 million funding efforts to address the needs of Amer- to secure additional funding for the cut to the Medicare Integrity Program ica’s aging population. At this time, I Medicare contractors, if funds become (MIP) approved by the House Appro- would like to engage the distinguished available. priations LHHS Subcommittee. The chairman in a colloquy. Mr. SPECTER. I understand the Senate has recommended that MIP be Mr. President, there is a lack of un- issues both Senators are raising and funded at $680 million, the amount au- derstanding of what constitutes the the importance of adequately funding thorized in HIPAA. best outreach and professional services the Medicare contractor program. I In 1999, Medicare contractors saved for our elderly population. I am pleased will work with my two colleagues to the Medicare Trust Funds nearly $10 to report that Ohio is taking the lead try to keep the Senate funding level is billion in inappropriate payments— in providing quality health care profes- kept intact and that no funding cut is about $18 for every dollar invested. Any sionals to the provider community. In made to the Medicare contractor pro- funding cut to MIP is tantamount to particular, the Geriatric Nursing Pro- gram. the government throwing money out a gram at the University of Akron has HCFA COVERAGE CHANGE window. In fact, I believe, because of been recognized as the top such pro- Mr. HOLLINGS. Mr. President, I rise the tremendous need to reduce an esti- gram in the United States. They are today to discuss an issue of importance mated $14 billion in Medicare waste, we most interested in identifying and de- veloping best practices in elder care to the people of South Carolina with should increase MIP funding. There- that can be disseminated nationally for my colleagues from Pennsylvania and fore, I will work hard to ensure that use by other institutions and health Iowa. the Senate funding level for this im- care providers. Would you agree that In January of 1999, South Carolina portant program is not compromised. such a program would help improve the enhanced its Medicaid drug program to It should be higher, not lower. provide eligible adults with four pre- Mr. GRASSLEY. I’ve long been com- overall quality of care of our elderly scriptions a month instead of three. mitted to the effective and efficient population? Mr. SPECTER. Mr. President, I This was a much needed change that management of the Medicare program, would like to thank the Senator from HCFA had encouraged South Carolina specifically the detection of fraud and Ohio for his kind remarks and his dedi- to make over a number of years. Unfor- abuse. I supported the creation of the tunately, South Carolina improperly cation on this most important matter. MIP program, established under I, too, would agree that such an initia- notified HCFA of the coverage change. HIPAA, to provide a stable and increas- Instead of filing a State Plan amend- tive would be most valuable. ing funding source for fraud and abuse Mr. DEWINE. Mr. President, I appre- ment, South Carolina distributed a detection efforts. Prior to MIP, Medi- Medicaid Bulletin to relevant parties— ciate the comments from the gen- care contractor funding for anti-fraud including three officials at HCFA’s At- tleman from Pennsylvania and would and abuse activities was often reduced lanta regional office, believing that to ask that the Chair support the program because of other spending priorities in be sufficient. The South Carolina De- in the upcoming conference with the the annual appropriations process. MIP partment of Health and Human Serv- House of Representatives. was created to prevent that from hap- ices brought their oversight to HCFA’s Mr. SPECTER. Mr. President, I con- pening again. The House Appropria- attention. South Carolina and HCFA sider the interests of older Americans, tions Committee recommendation is in are currently involved in discussions particularly the issue of ensuring qual- clear disregard of congressional intent. regarding whether South Carolina ity health care, to be among the most Additionally, I am concerned about should receive federal funds for 4th pre- important matters that come before the Senate Appropriations Committee scription expenditures that occurred the subcommittee. The gentleman recommendation to flatline the Medi- between January 1, 1999 and September from Ohio has my commitment to sup- care contractor budget. HCFA re- 30, 1999. port the project in conference. At this time, a legislative remedy quested a $57 million increase to the HUNTINGTON’S DISEASE does not appear necessary to allow Medicare contractor budget, in part to Ms. MIKULSKI. Mr. President, I rise HCFA to impose suitable fines on ensure implementation of certain bal- today with the Chairman of the Senate states that provide notice of Medicaid anced budget amendment provisions. Appropriations Subcommittee on the coverage changes but do not properly Without this money, I am told by Departments of Labor, Health and file State Plan amendments. I am en- HCFA, that the final provisions of BBA Human Services, and Education to dis- couraged by the response officials in will not be implemented. It doesn’t cuss a fatal brain disorder called Hun- South Carolina have received from make much sense to pass laws, if we tington’s disease. This genetic ailment, HCFA and hopeful that a resolution don’t provide the funding to ensure which has no cure, has afflicted ap- can be reached in a manner agreeable their implementation. proximately 30,000 Americans, and over to all parties. Nevertheless, I wanted to Mr. SPECTER. Please rest assured 150,000 more people in our country are bring this matter to the attention of that during conference, I will try to at risk. In my state alone, it is esti- the distinguished chairman and rank- keep MIP funding at the Senate rec- mated that over 500 people have Hun- ing member of the subcommittee and ommended level of $680 million. I un- tington’s, and another 4,742 are at risk. inform them that I may revisit this derstand the importance of the MIP Also known as ‘‘HD,’’ the illness is like issue at a later date if necessary. program to the integrity of the Medi- a cross between Alzheimer’s disease Mr. SPECTER. I thank my colleague care Trust Funds and will work with and Parkinson’s disease. Everybody from South Carolina for bringing this my colleagues to ensure full funding of with the defective gene will become ill, matter to my attention. I too hope this program. slowly losing the ability to walk, talk, that South Carolina and HCFA can re- Regarding the Medicare contractor eat, and reason and eventually dying solve their difference, but would be budget, I am committed to the Senate from choking, infection, or heart fail- willing to discuss the matter in the fu- Appropriations Committee funding rec- ure. HD strikes both sexes, all ture if an agreement cannot be ommendation of $1.244 billion and will ethnicities, and sometimes even chil- reached. work in conference to keep the Sen- dren. In addition, each child of a parent Mr. HARKIN. I agree with the com- ate’s funding level. with HD has a 50/50 chance of inher- ments of the chairman. OUTREACH SERVICES iting the gene. Mr. HOLLINGS. I thank the distin- Mr. DEWINE. Mr. President, as One family that has been struck by guished chairman and ranking member Chairman of the Aging Subcommittee I the terrible realities of Huntington’s

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 13322 CONGRESSIONAL RECORD—SENATE June 30, 2000 disease is the Mason family of Balti- crease over the FY00 level. I believe are confident that a treatment for PKD more, Maryland. Troy Mason was once that the NINDS, and the NIH gen- can be achieved in the very near fu- the agile quarterback on his high erally, devote additional resources to ture. In fact, I am very heartened by school football team. Today at age 36, Huntington’s disease research in FY recent reports indicating that a drug Mr. Mason uses a wheelchair and can 2001. I also believe that the NINDS currently used to treat cancer has been only walk a bit and speak some words. could increase support for the centers shown to actually stop the progression His wife, Rosemary, is his full time of excellence and other programs devel- of PKD in laboratory animals. This dis- caregiver. Troy and Rosemary’s two oped by the Huntington’s Disease Soci- covery, coupled with statements from children have a 50/50 chance of inher- ety for the care of HD patients. our leading genetic researchers to the iting the HD gene. Not only does Mrs. Ms. MIKULSKI. I thank the Chair- effect that PKD is the most rapidly ad- Mason care for her husband, but she man for his attention to Huntington’s vancing area of genetic research, con- also cares for her mother who suffers disease. To eliminate this horrible ill- vinces me that the additional funds from HD. This means that Mrs. Mason ness and others like it we must build provided in this bill will allow NIDDK also has a 50/50 chance of inheriting the and strengthen the partnership be- to produce a treatment and eventual HD gene. Mrs. Mason not only has to tween the federal government, aca- cure for this devastating disease. face the incredible daily stresses and demia, and private organizations. I May I say to my colleague that I in- strains of caregiving, but must also wish to thank the Distinguished Sen- tend to do everything in my power to face the possibility that she and her ator from Pennsylvania for his assist- ensure that NIDDK implements the children may someday have Hunting- ance. I yield the floor. Strategic Plan for PKD. This bill pro- ton’s disease themselves. This Balti- STRATEGIC PLAN FOR PKD vides the budgetary means to do that, more family is courageously fighting Mr. SANTORUM. Mr. President, I and I will be following up with NIDDK Huntington’s disease, but they need wonder if my distinguished colleague, on the disposition of those funds. our help. the senior senator from Pennsylvania, Mr. SANTORUM. I thank my es- Mr. SPECTER. I am familiar with would answer a few questions on fund- teemed colleague for his help in this the horrible effects of Huntington’s dis- ing for research regarding polycystic matter. ease. In my state, 1,200 people are af- kidney disease? OCULAR ALBINISM fected. But I am optimistic about a Mr. SPECTER. I would be happy to Mr. BROWNBACK. I rise today to cure. HD research is advancing rapidly answer questions on this issue. bring to the attention of the senate the and could be the Rosetta stone to Mr. SANTORUM. I thank the Chair- serious disease Ocular Albinism. Ocular treatments for Alzheimer’s Parkin- man. I know that you are very much Albinism is an x-linked genetic dis- son’s, and other neurodegenerative dis- aware of the devastation caused by order affecting 1 in 50,000 American orders that together strike millions of polycystic kidney disease, better children, mostly males. Affected pa- people and their families. known as PKD. Our colleagues may be tients show photophobia, nystagmus, I am also hopeful that through public interested to know that this disease af- strabimus, a loss of three dimensional and private medical research funding, flicts over 600,000 Americans, which is vision and a severe reduction in visual we will soon approach a better under- more than the combined total of cystic acuity, due to the abnormal develop- standing of, and perhaps even a cure fibrosis, Huntington’s disease, sickle ment of the retina and optic pathways. for, this terrible disease. Researchers cell anemia, hemophilia, muscular dys- There are five diseases relating to Ocu- at the University of Pennsylvania are trophy and Down’s syndrome. That lar Albinism including Fundus part of this effort. The federal govern- translates into an average of almost Hypopigmentations, Macular ment clearly has a significant role to 1400 sufferers in each congressional dis- Hypoplasia, Iris Transillumination, play in this struggle. In Fiscal Year trict, or 12,000 in each state. Visual Pathway Misrouting and Nys- 1999, the National Institute of Neuro- PKD is the most prevalent life- tagmus logical Disorders and Stroke at the Na- threatening genetic disease, and is the Mr. SPECTER. Ocular Albinism is tional Institutes of Health (NIH) dedi- third leading cause of kidney failure, one of the many diseases being re- cated $62.5 million to Huntington’s Dis- resulting in almost $2 billion spent searched by the NIH. This is why I have ease research. Also commendable is the every year to treat end-stage renal dis- been pressing for a doubling of funding commitment of the Huntington’s Dis- ease requiring dialysis or transplan- for NIH and have included a $2.7 billion ease Society of America (HDSA), which tation. End-Stage Renal Disease is the increase in funding in this bill. this year will allocate an estimated fastest growing part of Medicare, and I Mr. BROWNBACK. In consideration $2.8 million to research in this area. know we are all looking for ways to of the severity of this disease and the Ms. MIKULSKI. The people of Mary- strengthen that important program. paucity of current NIH sponsored re- land appreciate this support by the Mr. President, I would like to ask the search I would certainly hope that the NIH and laud your and Senator HAR- Chairman if, in the context of the fund- NIH will develop and fund a research KIN’s leadership in doubling the NIH ing provided to the National Institutes initiative in cooperation with the Na- budget over five years. I am very of Health in this bill, could he tell us tional Eye Institute in to the causes of pleased to join you in this worthy en- your intentions with regard to PKD re- the treatments for Ocular Albinism deavor. We are proud to have an HDSA search? and related Disorders. Center of Excellence in Maryland, at Mr. SPECTER. As the Senator Mr. SPECTER. I agree with my col- Johns Hopkins University and Johns knows, we are entering the third year league and thank him for brining it to Hopkins Hospital. Johns Hopkins also of a bipartisan effort to double funding the attention of the Senate. receives funding from NIH to conduct for the NIH. Within that budget, we Mr. BROWNBACK. I thank the Chair- Huntington’s disease research. How- have been able to provide significant man of the Subcommittee and com- ever, I believe additional resources are increases in the budget for the Na- mend him for his understanding of the needed to fund important HD research. tional Institute of Diabetes and Diges- importance of this issue. I am concerned that the current health tive and Kidney Diseases. FEDERAL FAMILY STATISTICS appropriations bill does not provide It is my hope and intention that, Mr. BROWNBACK. Mr. President, I guidance to the NIH on HD funding and with these additional funds, NIDDK rise today to engage in a brief, but im- research priorities. will fully implement the Strategic portant colloquy with the distin- Mr. SPECTER. I understand the Sen- Plan for PKD put forward by a panel of guished chairman of the Labor-HHs ator’s concerns. The Committee has in- blue-ribbon experts which they con- subcommittee of the Appropriations cluded nearly $1.2 billion in this year’s vened in 1998. These expert scientists Committee, Senator SPECTER. I appre- appropriations bill for the National In- and doctors have stated that, with a ciate his willingness to engage in this stitute of Neurological Disorders and total PKD research budget of $20 mil- colloquy, and his commitment to en- Stroke, NINDS. This is a significant in- lion, which we provide in this bill, they suring that the federal government

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13323 does the best possible job in gathering Mr. BROWNBACK. I thank the Chair- conference, we will keep in mind your vital information on family structure man. request as well as those with similar and function. STRENGTHEN OUR SISTERS meritorious characteristics and goals. It has been said that the family is Mr. TORRICELLI. Mr. President, I Mr. TORRICELLI. I thank my distin- the cornerstone of civilization. Cer- rise to ask the distinguished managers guished colleague for his assistance tainly, the evidence we have suggests of the bill if they would consider a re- with this matter. I am thankful for the that family structure is one of the quest I have concerning the conference. Committee’s acknowledgment of the most fundamental indicators of child Mr. SPECTER. I would be happy to expertise and dedication that Strength- health and well-being. Strong families consider a request from by colleague en Our Sisters brings to helping our are positively linked to child physical, from New Jersey. most vulnerable population and I hope emotional and psychological health, Mr. TORRICELLI. I rise in support of that funding for this important organi- social adjustment, academic com- Strengthen Our Sisters, a non-profit, zation can be found in conference. petence, and positive behavior. In fact, tax-exempt shelter in West Milford, the more we study family structure COMPREHENSIVE SCHOOL REFORM FUNDING IN New Jersey that has provided homeless LABOR HHS APPROPRIATIONS BILL and function, the more information we and battered women and children with Mr. BINGAMAN. Senator Lugar, I glean about children’s health risks, and safe shelter and supportive services know you’re aware of the tremendous challenges to their well-being and de- since 1988. The mission of Strengthen good that the Comprehensive School velopment. Our Sisters is to help women and chil- Reform program (CSRD) has intro- Unfortunately, there is vital data dren break the cycle of domestic vio- duced to many struggling schools with that is not currently being gathered re- lence and homelessness, which, if un- high proportions of disadvantaged stu- lating to family structure and func- checked, is passed from one generation dents, and the potential that the pro- tion. This is not merely my opinion, to the next. To date, Strengthen Our gram offers for the numerous schools but the statement of the Federal Inter- Sisters has experienced great success that desire to implement comprehen- Agency Forum on Child and Family in fulfilling its mission as evidenced by sive reform in their buildings. While I Statistics, which declares that impor- its remarkable growth. While in 1988, recognize the considerable task of tant information on child living ar- Strengthen Our Sisters started with an Chairman SPECTOR and Ranking Mem- rangements, family structure, and fam- annual budget of less than $36,000, this ber HARKIN in accommodating the ily interaction, is falling through the year’s budget stands at $1.3 million. great number of priorities funded in cracks, and recommends expanded and Strengthen Our Sister’s continued the FY’01 Labor-HHS-Education appro- enhanced data-gathering in these growth is a result of their dem- priations bill, it concerns me that the areas. Without such data, we are at a onstrated expertise in management and bill before us provides no funds for the disadvantage in determining the root dedicated and knowledgeable staff. CSRD—a tremendously popular and ef- causes of both youth well-being, and As a way to help more women, fective program. youth challenges, and addressing them Strengthen Our Sisters would like to effectively. expand the service their program offers Mr. LUGAR. I agree that few areas of It is therefore vital that we encour- for older women. In 1998, Strengthen our education funding can have a more age the National Center of Health Sta- Our Sisters served four women over age positive impact on education in Amer- tistics, the Agency for Health Care Pol- fifty-five, a number that jumped to ica than the CSRD. This program is a icy and Research, the National Insti- fourteen in the span of less than a key tool for helping struggling schools tute of Child Health and Human Devel- year. The older women they serve often adopt important reforms. Good reform opment, Administration for Children arrive with long histories of abuse that programs are a bargain for our schools and Families, Maternal and Child and our children when we compare Health Bureau, Office of the Assistant requires special services related to do- mestic violence, drug and alcohol ad- their costs to that of retention, special Secretary for Planning and Evaluation, education and illiteracy. In fact, I filed and Bureau of Labor Statistics to en- dictions, unemployment and mental health. Indeed, the need for assistance an amendment to S. 2, legislation hance research in this area. According crafted to reauthorize the Elementary to the Inter-Agency Forum on Child naturally increases as we grow older. And, adding life changing cir- and Secondary Education Act, that and Family Statistics, of which all would have more than doubled funding these agencies are a member of, regu- cumstances such as abuse, homeless- ness and physical challenges to the for this important program. Unfortu- larly collected data are needed that de- nately, this bill has been set aside. scribe children’s living arrangements, equation increases the need for assist- ance exponentially. Thus, Strengthen Mr. BINGAMAN. The notion of sys- and interactions with parents and tematic, comprehensive reform is in- guardians, including non-residential Our Sisters would like to expand the services its program offers to address herently appealing because rather than parents. In addition, regularly-col- piecing together discordant or incom- lected data are needed on how many the needs of senior women in a com- prehensive and integrative manner patible pieces of change, these ap- children live with biological parents, proaches provide a holistic and coordi- step-parents, and adoptive parents, or that focuses on helping them attain ap- propriate shelter, resources and advo- nated plan of action to improve stu- with no parent or guardian. dent achievement and outcomes. I Mr. SPECTER. Senator BROWNBACK, I cacy services. know that a number of research-based appreciate the work that you have put The work of Strengthen Our Sisters models of comprehensive school reform into this, and look forward to working is an appropriate focus for the Com- have been developed in recent years, with you on appropriate language mittee because domestic violence is a and one that I am familiar with and which may be included in the Labor- national epidemic. Expanding the HHS conference report. Strengthen Our Sisters program to which has spurred great progress Mr. BROWNBACK. I thank the sub- help senior women could be a model for across New Mexico is the Success for committee chairman. Mr. Chairman, I shelters across the country that are All program. should add that there are many sources confronting similar problems and popu- Success for All is serving about 1550 of information that only the federal lation trends. elementary schools in 48 states, and is government has the means and re- Mr. SPECTER. In the past, we have also assisting related projects in five sources to tap effectively. Gathering faced difficult choices in making a de- other countries. Fifty schools in New this data may also prove helpful in re- termination of funding priorities and Mexico have adopted this program with ducing health care costs, strengthening this year promises to be no exception. great results. families, and improving the health and We are aware of the request by Mr. LUGAR. Success for All is an ex- well-being of children. Strengthen Our Sisters and commend emplary research-based reform pro- Mr. SPECTER. I thank my colleague their efforts toward expanding its pro- gram. I have spent time with Dr. from Kansas for his work on this issue. gram to serve more women in need. In Slavin, who developed this program at

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 13324 CONGRESSIONAL RECORD—SENATE June 30, 2000 Johns Hopkins, and I have been vis- quested over $12 million in an emer- issued on November 18, 1999) urged the iting Success for All schools in Indi- gency grant application that was sub- Department to act favorably on this ana. The results in these schools are so mitted to the U.S. Department of matter. In fact last year’s Conference promising that I have written to every Labor. In addition to the services al- Report urged the Secretary to issue superintendent in Indiana urging them ready mentioned, needs-related pay- Notice of Rule Making to accomplish to take a look at the program. ments were requested in order to pro- this modification before June 1, 2000. The discipline and accountability of vide income support to workers who Mr. President, we thank you for in- Success for All greatly reduce the pos- participated in retraining activities. cluding language in your report—Re- sibility that students will fail. By These payments are essential as they port 106–292—to further support this ef- teaching children to read in the early provide a modest source of income for fort. I am saddened to report that the grades, our schools can avoid holding the workers while they are pursuing advice the Appropriations Committee students back, promoting them with additional skills and education in order has given the Secretary is being given insufficient ability or transferring to prepare for a new vocation. Unfortu- little notice, just like all the previous them out of the normal curriculum to nately, the Department of Labor only requests to her on this matter. Mr. special education courses. Referrals to funded a portion of the request, indi- President, at this point, I would re- special education in Success for All cating that needs-related payments quest unanimous consent that a letter schools have been shown to decrease by could not exceed 25 percent of the total I wrote to Secretary Shalala, along approximately 50 percent. In schools application. However, in the past the with Senator GRAHAM, Congressman where Success for All is taught, stu- Department has not held similar appli- SHAW, and Congresswoman THURMAN dents learn to read by the end of the cations to the same standard. In fact, I on April 27, 1998 be published in the third grade. By the fifth grade, stu- have been made aware of a grant award RECORD, following this colloquy. dents in these schools are often testing for mine workers who requested needs- Mr. President, many letters have a full grade level ahead of students in related payments in excess of 70 per- been written to the Secretary and other schools. cent of the total grant application. Nancy Ann Min DeParle, the Adminis- Mr. BINGAMAN. It is clear that as Knowing of the need of these dis- trator of the Health Care Financing we seek ways to assist resource-poor placed coal workers and the inconsist- Administration, on this subject. Lan- and failing schools, we should increase ency of the Department of Labor in guage has been included in two Fi- support for research-based proven pro- awarding funds, I ask that Chairman nance/Ways & Means Conference Re- grams like Success for All. The House SPECTER work with me in the coming ports on this subject. Language has bill included the amount requested by weeks to identify appropriate funds in been included in the L–HHS Report. the Administration—$240,000,000—for the Department of Labor’s budget to Despite all of these urgings, the desired this program and I know that Senators support these workers as they prepare result has not been produced. Would SPECTER and HARKIN are supporters of for new careers. the Chairman of the Subcommittee the program. So, I’d like to encourage Mr. SPECTER. Mr. President, I want consider including bill language in the the Senators to include funding for it to thank my friend, the Senator from final bill mandating this action if the as the bill moves to conference. Fund- Pennsylvania, for his comments. He Department has not issued the Notice ing at this level would allow approxi- has been a tireless advocate of the coal of Proposed Rule Making by the time mately 2,250 schools to receive new workers in Indiana County, and I ap- the Subcommittee goes to Conference grants and continue support for 1,025 plaud his efforts on their behalf. with the House. schools currently using such funds to I, too, am well aware of the situation Mr. SPECTER. I would be pleased to carry out research-based school re- being faced by the former employees of look at this matter between now and forms. It is my hope that we can work Consol Coal and wrote to the Depart- the time of Conference. together as the bill moves through the ment of Labor on January 31, 2000 to Mr. GRAHAM. I understand that the appropriations process to fund this suc- urge that federal retraining funds be Health Care Financing Administration cessful program. made available. As my colleagues are has now cleared the NPRM, but there Mr. SPECTER. Senators LUGAR and aware, we face tight budget constraints are other Departmental Agencies who BINGAMAN make some very valid points in this legislation. I will continue now have questions about issuing the with respect to the comprehensive working with my colleague from Penn- NPRM. I also concur with my colleague school reform program. In conference sylvania in the coming weeks in an ef- Senator MACK, that this issue has re- with the House, I will make every ef- fort to identify sources of funding that mained unresolved for too long, and I fort to work with the Conferees to pro- may be available for this purpose. also believe it would be appropriate to vide adequate resources for the CSRD. GRADUATE MEDICAL EDUCATION PROGRAM include language to mandate this Mr. HARKIN. I agree that the com- Mr. MACK. Will the Chairman of the change. prehensive school reform program has Labor, Health and Human Services and Mr. MACK. I thank the Chairman for had a positive impact in many of our Education Appropriations Sub- his response to our inquiry. schools. As the bill moves to con- committee yield for a question? There being no objection, the letter ference, I will work with Chairman Mr. SPECTER. I will be pleased to was ordered to be printed in the SPECTER to restore funding for this yield to the Senator from Florida for a RECORD, as follows: program. question. CONGRESS OF THE UNITED STATES, RELIEF FOR DISPLACED COAL WORKERS IN Mr. MACK. I was most pleased to see Washington, DC, April 27, 1998. INDIANA COUNTY, PENNSYLVANIA that the Senate report accompanying Hon. DONNA SHALALA, Mr. SANTORUM. Mr. President, I this bill urged the Department to act Secretary of Health and Human Services, have sought recognition to discuss in a timely manner to issue a Notice of Washington, DC. Proposed Rule Making to include psy- DEAR SECRETARY SHALALA: The purpose of with Chairman SPECTER the plight of this letter is to bring to your attention re- nearly 1,000 displaced coal workers in chology into the Graduate Medical port language included in the Balanced southwestern Pennsylvania. As Sen- Education program. As you know, the Budget Act of 1997 (P.L. 105–33) and to re- ator SPECTER is aware, these employees Senate Finance Committee and the quest implementation of the language at the of Consol Coal have recently lost their House Ways & Means Committee have earliest possible date. The language stated: jobs and have sought federal assistance been working with the Department of ‘‘With regard to graduate medical education to provide a wide variety of adjustment Health and Human Services on this payments, the Committee also notes that assistance services including occupa- matter since 1997. Both the Conference the Secretary reimburses for the training of Report on the Balanced Budget Act of certain allied health professionals, and urges tional skills training, career plan de- the Secretary to include physician assistants velopment, and job search assistance. 1997 (Report 105–217 issued on July 30, and psychologists under such authority.’’ As my colleague knows, the Com- 1997) and the Conference Report on last The Graduate Medical Education (GME) monwealth of Pennsylvania had re- year’s Omnibus bill (Report 106–479 program currently supports the training of

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13325 13 allied health professions including hos- art clinical and scientific research and ceiving federal funds must notify par- pital administration, medical records, x-ray treatment complex to serve children ents prior to the application of toxic technology, dietetic internships and inhala- and their families, not only in New Jer- pesticides on school buildings and tion therapy. We believe the cost of includ- sey, but throughout the nation with grounds. It also required the distribu- ing two additional health professions in the GME program, as recommended by the Sen- cutting edge care and the latest sci- tion of the Environmental Protection ate Finance Committee and the House Ways entific developments. Agency’s manual that guides schools in and Means Committee, would be small and At maturity, the Child Health Insti- establishing a least toxic pesticide pol- offset by the additional benefits to patient tute is also expected to attract be- icy. care. tween $7 and $9 million of new research I offered that amendment for a sim- In our view, including psychologists and funding annually with the total eco- ple reason. Toxic pesticides hurt our physicians assistants in the GME program nomic impact on the New Brunswick kids, and that hurts the education of would be of significant benefit to Medicare area estimated to be $50 to $60 million our kids. The National Academy of patients. For example, there is an excellent program at the University of Florida where per year. This facility has also already Sciences has found that up to 25 per- clinical psychologists, working in Shands attracted the private funding of two cent of childhood learning disabilities Teaching Hospital, treat a variety of individ- endowed professorships designed to may be attributable to a combination uals with medical and psychological dis- allow recruitment of world-class fac- of exposure to toxic chemicals like pes- orders. This program operated at and sup- ulty. ticides and genetic factors. Yet, cur- ported financially by Shands University Hos- Mr. President, funding for the Uni- rent EPA pesticide standards are not pital contributes significantly to patient versity of Medicine and Dentistry’s protective of children, and schools care and is the kind of program the Con- Child Health Institute in this bill across America—where our children ference Committee considered appropriate would be entirely appropriate under for GME reimbursement. spend 6 or 7 or more hours a day—rou- We look forward to hearing from you re- the Health Resources and Services Ad- tinely use toxic pesticides. My amend- garding early implementation of the Con- ministration account. It would be ment sought to lessen the impact of ference language. money well spent. I ask the Chairman toxic pesticides on our children by urg- Sincerely, to consider providing $5 million for the ing schools to use the kinds of products Hon. CONNIE MACK, completion of the Child Health Insti- that will harm children the least and U.S. Senator. tute. to let parents know when toxic pes- Hon. BOB GRAHAM, Mr. SPECTER. I thank my colleague ticides are going to be used. U.S. Senator. for his comments. We have received nu- Hon. E. CLAY SHAW, Again, my amendment was added to Member of Congress. merous requests for funding of health the Education Savings Accounts bill. Hon. KAREN L. THURMAN, facilities. In the past, we have faced However, that bill has not gone any- Member of Congress. difficult choices in making a deter- where since the Senate passed it on CHILD HEALTH INSTITUTE OF THE UNIVERSITY mination of funding priorities and this March 2. I could offer my amendment OF MEDICINE AND DENTISTRY OF NEW JERSEY- year promises to be no exception. We to the Elementary and Secondary Edu- ROBERT WOOD JOHNSON MEDICAL SCHOOL are aware of the request by the Child cation Act bill, but it, too, appears Mr. TORRICELLI. I rise for the pur- Health Institute and commend their ef- dead. pose of engaging the Chairman, Mr. forts toward enhancing its research So, I drafted an amendment to the SPECTER, in a colloquy. and service capacity. In Conference, we Labor-HHS Appropriations bill to pro- Mr. SPECTER. I’d be happy to join will keep in mind your request as well vide $100,000 for the Department of my colleague from New Jersey in a col- as those with similar meritorious char- Education, in conjunction with the En- loquy. acteristics and goals. vironmental Protection Agency, to en- Mr. TORRICELLI. I would like to ANTIMICROBIAL RESISTANCE courage school districts across the take this opportunity to express my Mr. COCHRAN. It is my under- country to establish a least toxic pes- support for a very important initiative standing that, in view of the pressing ticide policy—which is the policy in to both myself, the State of New Jer- need to deal with both infectious dis- several school districts in California— sey, and the Nation. The University of eases and antimicrobial resistant dis- and to notify parents prior to the use Medicine and Dentistry of New Jersey eases, the Chairman will agree that in on school grounds of pesticides that (UMDNJ)-Robert Wood Johnson Med- conference there will be a total of at the EPA has identified as a known or ical School has developed the Child least $25 million in new funds to deal probable carcinogen, a category I or II Health Institute (CHI) of New Jersey— with the problem of antimicrobial re- acute nerve toxin, or a pesticide of the a comprehensive biomedical research sistance and that the total to deal with organophosphate, carbamate, or center focused on the development, other infectious diseases will be at organochlorine class. growth and maturation of children. least at the level included in the Sen- At the suggestion of my friend from The mission of the Institute is to im- ate bill prior to the amendment. Iowa, the Ranking Member of the prove the health and quality of life of Mr. SPECTER. That is correct. Labor-HHS Appropriations Sub- children by fostering scientific re- Mr. KENNEDY. I commend my col- committee, I will not offer that amend- search that will produce new discov- leagues, Senator SPECTER and Senator ment because I understand that the eries about the causes of many child- COCHRAN, for their leadership in having managers will work to add language in hood diseases as well as the treatments reached agreement on this important the conference report that would ac- for these diseases. Researchers will di- issue. The resources provided under complish the same thing. May I ask the rect their efforts toward the prevention this agreement are an important first Chairman and Ranking Member if that and cure of environmental, genetic and step in addressing the critical problem is correct? cellular diseases of infants and chil- of antimicrobial resistance. I look for- Mr. HARKIN. Mr. President, I thank dren. ward to continuing to work with my the Senator from California for bring- The hospitals in central New Jersey colleagues on this important issue as ing this issue before the Senate. I sup- birth nearly 20,000 babies each year. the Senate considers the legislation on port what she is trying to do, and I The founding of the Child Health Insti- infectious diseases, antimicrobial re- think we can accomplish it through tute has created an extraordinary sistance and bioterrorism that I have language in the conference report rath- health care resource for these hospitals introduced with my colleague, Senator er than as an amendment to the bill and the patients they serve. The new FRIST. itself. I assure her that I will work to Children’s Hospital at Robert Wood LEAST TOXIC PESTICIDES POLICIES include such language in the report. Johnson University Hospital is sched- ∑ Mrs. BOXER. Mr. President, last Mr. SPECTER. Mr. President, I will uled to open in 2000 and the Child March, the Senate passed an amend- also work to see that language is in- Health Institute in 2001. Together these ment I offered to the Education Sav- cluded in the conference report encour- institutions will provide state of the ings Accounts bill that said schools re- aging the Department of Education to

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 13326 CONGRESSIONAL RECORD—SENATE June 30, 2000 urge schools to adopt a least toxic pes- a colloquy with myself and Senator will work in conference to attempt to ticide policy and to provide the infor- JEFFORDS, Chairman of the Health, include the House provision for ad- mation and support necessary to do so. Education, Labor and Pensions Com- vance LIHEAP funding in the final ap- Mrs. BOXER. I thank my collegues.∑ mittee, on the importance of advance propriation bill. EMPLOYMENT AND TRAINING GRANTS FOR DIS- funding for the Low Income Home En- Mr. JEFFORDS. First, Mr. Chair- LOCATED WORKER EMPLOYMENT AND TRAIN- ergy Assistance Program (LIHEAP). man, let me thank you for your hard ING ACTIVITIES I had initially planned to offer an work on this appropriation bill, and Mr. DOMENICI. Mr. President, I amendment, with Senators JEFFORDS, your dedication to the LIHEAP pro- would like to raise the issue of how the KOHL, LIEBERMAN, LEVIN, SCHUMER, gram. Next, I would just like to empha- United States Department of Labor is REED, DODD, KENNEDY, and LEAHY, that size the importance of the forward administering Grants for Dislocated would restore advance funding for this funding provision contained in the 1990 Worker Employment and Training Ac- essential program. However, since it is reauthorization statute—the Augustus tivities. my understanding that my colleagues F. Hawkins Human Services Reauthor- Both the FY 1999 and 2000 Labor-HHS will work in the conference to ensure ization Act. Appropriations Bill contained ear- that the House provision for advance This provision responds to the states’ marks critically important to New LIHEAP funding is included in the need to budget and plan their LIHEAP Mexico’s economic well-being. The ear- final appropriation bill, I will withdraw programs in advance of the fall/winter marks were directed toward training my amendment. heating season, allowing them to effec- workers for the State’s rapidly growing As my colleagues know, there is tively meet their obligations under the technology-based call center industry. broad bipartisan, multi-regional sup- law. Timely energy assistance in the In fact, the industry is generating in port for LIHEAP. This year, 46 Sen- form of consistent advance LIHEAP excess of 450 jobs per month that pay ators signed a letter in support of the funding is critical to the success of approximately $11 per hour with sub- program. Specifically, we asked for $1.4 LIHEAP. For planning purposes, the stantial benefits in New Mexico. These billion in regular LIHEAP funding, states have come to rely on the pre- grants would allow for the continued along with $300 million in emergency dictability that your advance funding expansion of this industry by allowing funding. In addition, we urged $1.5 bil- mark provides them. Our Northeast-Midwest region has the New Mexico Consortium to create a lion in advance LIHEAP funding for experienced extreme fuel price spikes training curriculum that will lead to fiscal year 2002. It is the lack of this during the last six months, high- employment in the call center industry advance funding in the Senate Labor- lighting the vulnerability of our low with an emphasis on the placement of HHS appropriation bill that causes me income energy consumers. With fuel hard-to-employ individuals. great concern. prices projected to be even higher this However, the Department of Labor’s As many of my colleagues know, winter than last, we need an effective actions regarding these earmarks has Minnesota is often called the ice-box of LIHEAP program more now than ever. left me deeply distressed by the ill the nation, where bitterly cold weather It is the most effective tool we have to treatment New Mexico has received, is the norm. In fact, Minnesota is the ensure the safety of our low income especially in light of the priority third coldest state, in terms of heating households during severe weather con- placed on this issue by not only me degree days, in the country, after Alas- ditions. but, the Committee as well. ka and North Dakota. Especially in Mr. HARKIN. I agree that the impor- It is also my understanding the cur- cold-weather states like Minnesota, tance of LIHEAP advance funding has rent program year for the Department funding for LIHEAP is critical to fami- been demonstrated this past year as of Labor ends this Friday, June 30th lies with children and vulnerable low- many states have faced extreme tem- and that there may be unobligated income elderly persons, who without it peratures and high fuel costs. LIHEAP funds left over at that time. It is also could be forced to choose between food advance funding is an effective tool my further understanding that in the and heat. that allows states to determine eligi- event there are such unobligated funds As we saw several years ago, when bility, establish the size of the benefits, the Department could provide some of the Federal government shut down, determine the parameters of the crisis these funds to a deserving program, piecemeal funding approved for programs and enable the states to like the training program in New Mex- LIHEAP had an extremely disruptive properly budget for staffing needs. I ico. effect on the operation of the energy will work with Chairman SPECTER to Mr. SPECTER. I understand the con- programs in the states. Congressional attempt to include the House provision cerns raised by the distinguished Sen- delay and enactment of appropriations for $1.1 billion in FY2002 advance ator from New Mexico in ensuring the bills after October 1 severely hampers LIHEAP funding in the final appropria- Department of Labor properly funds states abilities to effectively plan their tion bill. the projects specified by this Com- energy assistance programs. States op- Mr. WELLSTONE. Thank you, Mr. mittee. erating year-round programs or those Chairman, Ranking Member HARKIN I would concur with my colleague that begin in September are particu- and Senator JEFFORDS. I appreciate from New Mexico in the importance of larly threatened. Therefore, advance your commitment to work in con- funding the program to train workers appropriations enable the creation of ference on behalf of LIHEAP, and I for the State’s rapidly growing tech- administrative systems for more effi- withdraw the amendment. nology-based call center industry. In cient program management, allowing CENTERS FOR INDEPENDENT LIVING the event there are unobligated funds for orderly planning of state LIHEAP Mr. BENNETT. I would like to thank left over at the end of the Depart- programs. the subcommittee chairman for includ- ment’s current program year, I would Will the Chairman work in con- ing a $10 million increase for Centers also urge the Secretary of Labor to ference to include this critical advance for Independent Living, part C. How- consider allocating funding for the funding appropriation in the final ever, because of the formula in current training program in New Mexico. Labor-HHS appropriation bill? law, eighteen states do not receive any Mr. DOMENICI. I thank the distin- Mr. SPECTER. As you know, this is a increase in funding. I understand that guished Chairman for his consideration very difficult year for appropriators. many of the smaller states have not re- and support for this important matter. The budget caps are very tight, and ceived an increase since 1992. It is not LOW-INCOME HOME ENERGY ASSISTANCE this bill contains many valuable pro- my intention to change the funding PROGRAM grams. I recognize and appreciate that formula in an appropriations bill, but I Mr. WELLSTONE. I rise in hope that the House-passed Labor-HHS bill pro- believe this problem needs to be ad- Chairman SPECTER and Ranking Mem- vides $1.1 billion in FY2002 advance dressed. ber HARKIN of the Labor-HHS Appro- LIHEAP funding. I have been a strong Mr. SPECTER. I appreciate the Sen- priation Subcommittee will engage in supporter of the LIHEAP program, and ator bringing this to my attention, and

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13327 am willing to hear the solution the that of their Fiscal Year 1999 funding. income areas. Many schools do not yet Senator from Utah proposes. This shift was both unexpected and se- have AP programs and schools with Mr. BENNETT. The National Council vere, leaving these states’ agencies un- large minority and low income popu- on Independent Living and individuals able to assist hundreds of physically or lations are less likely to offer AP in my own state of Utah, are concerned mentally disabled men and women courses. This can be tragic for many about individuals with disabilities who needing assistance toward gainful em- students, as many colleges and univer- reside in underserved areas. NCIL has ployment. In my own state of New sities consider whether a student has proposed changing the formula for Cen- York, we lost $1.6 million from our ini- taken AP classes when making admis- ters for Independent Living, part C. tially expected amount. sions decisions. Every student—regard- Under their proposal, fifty percent of Mr. President, I wish to thank Sen- less of socioeconomic background— funding will be distributed equally ator HARKIN for committing to add re- should have the opportunity to attend among the states, and fifty percent will port language during the conference college and to take challenging cur- be divided among the states based on committee negotiations of the Depart- riculum in high school. This program population. ments of Labor, Health and Human helps to ensure both. Instead of amending the Rehabilita- Services, and Education Bill for Fiscal Mr. HARKIN. I agree wholeheartedly tion Act in this bill to permanently Year 2001 that will enable the Depart- with you on the importance of ensuring change the formula on this appropria- ment of Education to give priority sta- that all students are exposed to chal- tions bill, I propose $5 million of the tus under Fiscal Year 2000 re-allotment lenging courses that lead them on a $10 million increase included in H.R. funds to States who received less under positive track towards further edu- 4577, be divided equally among the the formula in Fiscal Year 2000 than in cation, and that teach critical skills states. The remaining $5 million would Fiscal Year 1999, and who are able to that can be practically applied even if be distributed based on current law. meet the criteria outlined in Section the student does not continue their education immediately. While it is cer- Thus every state will receive a funding 110(b)(2) of the Rehabilitation Act. increase. In small states, this small Mr. HARKIN. I am pleased to help tainly just one piece of the puzzle when amount translates to roughly $94,000. the Senator from New York and his it comes to strengthening the academic offerings and outcomes for all students, Based on letters and phone calls I have colleagues from the other affected including disadvantaged students, the received, it appears that the coalition states and the District of Columbia. AP program is something I think we of Independent Living Centers across Mr. SPECTER. I thank the Senator should all be able to agree on sup- the country are amenable to this pro- from New York for his effort on this issue and will do my best to resolve porting. posal—even the larger states. Mr. BINGAMAN. I also want to share Mr. SPECTER. I thank the Senator. I this situation in conference. my thanks for the Committee’s atten- appreciate the Senator’s sensitivity to Mr. SCHUMER. I thank the Chair. tion to the benefits of Internet-based changing authorizing language in this ADVANCED PLACEMENT FUNDING AP programs, particularly in rural and Mr. BINGAMAN. Senators SPECTER bill. I also share his concerns about the Native American areas of the country. and HARKIN, I’d like to express my ap- needs of individuals with disabilities in As technological capacities at schools preciation to you and your committee underserved areas, and I will address increase, there is every reason to uti- members for agreeing on the impor- this issue as we proceed through the lize such tools to deliver high-quality appropriations process. tance of the Advanced Placement (AP) programs like AP courses through dis- Mr. BENNETT. I appreciate the Incentive Program by recommending tance methods, especially in schools chairman’s consideration. It is my that it be funded at $20,000,000—a where the student population is too hope that we can reach an agreement $5,000,000 increase over last year’s ap- small or location is too remote to sus- that will increase the ability for Cen- propriation. As you know, the AP pro- tain a great deal of variety on-site. I ters for Independent Living to serve gram provides rigorous instruction to look forward to working with you and the needs of individuals with disabil- high school students by teachers who the Administration to expand support ities not only in large states, but in have had additional, intensive profes- for these kinds of innovative means of smaller, underserved area. sional development. While historically advanced instructional delivery to our VOCATIONAL REHABILITATION it was the well-to-do elite that had ac- rural and Native American schools. Mr. SCHUMER. First, Mr. President, cess to these courses—which not only Mr. SPECTER. I agree that Advanced I would like to thank Senator SPECTER cover advanced material but enable Placement programs can be extremely and Senator HARKIN for their leader- students to gain college credit and ad- valuable in raising standards in high ship and continued funding of the Vo- vanced standing—today the AP pro- schools and helping high school stu- cational Rehabilitation program, gram continues to expand its reach, so dents to be better prepared for postsec- which is so important to the disabled that over half of all high schools in the ondary education. I am glad that we men and women in New York State and nation offer AP courses in a variety of were able to provide an increase in across the country. subject areas. The fact of the matter is funding for this program and, in con- I would like to take a moment to en- that in this era of focus on high stand- ference with the House, I will make gage my colleague in a colloquy. ards and improving student achieve- every effort to work with the Conferees Mr. HARKIN. I thank the Senator for ment, the AP program offers proven to maintain funding for this program. his kind words and would be happy to impact on student outcomes in high SMALLER LEARNING COMMUNITIES FUNDING IN engage in a colloquy with him. school, and there is even research that LABOR HHS APPROPRIATIONS BILL Mr. SCHUMER. In Fiscal Year 2000, shows that regardless of the grade at- Mr. BINGAMAN. Mr. President, I Congress provided a 1.2 percent infla- tained, a student who has access to wanted to take a moment to reiterate tionary increase to the Vocational Re- more rigorous course work in high my hope that the conferees on the Ap- habilitation State Grants program, school is more likely to complete col- propriations Committee will consider which is distributed through a statu- lege. restoring funding for the Smaller tory formula using population and per As you know, the AP Incentive Pro- Learning Communities program under capita income data. In October of 1999, gram helps ensure that AP classes are the Fund for the Improvement of Edu- the Bureau of Economic Analysis re- within reach of low income students by cation. Last 7ear $45 million was appro- leased new estimates of per capita in- subsidizing the cost of taking the AP priated for what has been a very impor- come resulting in a drastic change in test. These tests cost about $100 and tant initiative an the President has re- the funding allocation to states. Under many low income students would have quested $120 million for FY2001. I these comprehensive revisions, New to pass up the opportunity to take it strongly believe that we must con- York, Massachusetts, Colorado, Min- due to expense. The program also sup- tinue—and indeed increase—our sup- nesota, Texas, and the District of Co- ports activities designed to expand ac- port for this program. As this appro- lumbia lost funding to a level below cess to AP courses, particularly in low priations bill goes to conference, I hope

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.000 S30JN0 13328 CONGRESSIONAL RECORD—SENATE June 30, 2000 that you and your fellow committee ated cost effectively. Larger schools about the unique healthcare needs and members will decide to meet the Presi- can be more expensive because their problems with access in rural areas. dent’s request. sheer size requires more administrative Mr. HARKIN. As a Senator from A number of research studies in re- support, and because small schools Iowa, I understand quite well the chal- cent years have documented the value have higher graduation rates, the ac- lenges to access to care posed in rural of small schools and smaller learning tual cost per graduating student is states. communities, and the Bank Street Col- lower than at large schools. Mr. BURNS. The second concern is lege of Education just last week re- I certainly hope that we do not turn the fact that there is a need for addi- lease a new study called ‘‘Small our backs on this initiative, which we tional dental hygienists, but Montana Schools: Great Strides,’’ which un- already know from research is a worth- is the only state without a dental hy- equivocally confirms what we knew while investment that has real impact giene education program. There are from earlier research—namely, that on school climate and student safety, currently 333 active licensed dental hy- small schools help students succeed. as well as on student morale and gienists in Montana. A survey of all This particular study examined the 150 achievement. Montana dentists and dental hygienists or so small schools that were founded Mr. HARKIN. I thank the Senator for was conducted late in 1996 which indi- between 1990 and 1997 in Chicago, and sharing your knowledge on this re- cated a need for additional hygienists tracks their progress through 1999. In search-proven method of educational to fill current and future vacancies. these elementary schools of fewer than reform. As we make the difficult deci- The lack of a dental hygienist in a 350 students and these high schools of sions about what should be funding pri- practice reduces the number of hours fewer than 400 students, the positive orities for the Federal government in the dentist is available to deliver care trends encompass everything from di- the vast expanse of options, we cer- only he or she is able to perform. Li- minished violence to higher grade tainly do need to be acutely aware of censure as a registered dental hygien- point averages and attendance rates. Of what has been demonstrated as having ist in Montana requires graduation course, small size alone does not trans- measurable positive impact on real from an accredited dental hygiene pro- late into these positive changes, but it students. As we move to conference on gram of either two or four years. Mon- certainly does foster the atmosphere of this appropriations bill, I will encour- tana’s only dental hygiene education closeness and community that is con- age everyone to consider the good that program was closed in 1989 at Carroll ducive to the kinds of progress that our smaller learning communities can do College. Since that time efforts to open parents, teachers, and students are for all students, including those for a new program have been unsuccessful, seeking. whom just a little extra attention and but are ongoing. Montana students de- Based on studies of high school vio- sense of belonging can mean the dif- siring hygiene degrees must travel out lence, researchers have concluded that ference between violent outbursts as a of State. Of the current 28 students at the first step in ending school violence cry for help and successful completion Sheridan Community College in Wyo- must be to break through the imper- of high school with goals for the ming, half are from Montana. Montana sonal atmosphere of large high schools future. has fewer dentists per capita than the by creating smaller communities of Mr. SPECTER. Senator BINGAMAN U.S. average. Many communities, espe- learning within larger structures, has made some very valid points with cially rural areas, are losing dentists where teachers and students can come respect to the research on small (to retirements and other factors). A to know each other well. We really can- schools. In conference with the House, large percentage of Montana dentists not wait for more tragedies of students I will make every effort to work with are expected to retire in the coming shooting students or teachers before we the Conferees to provide adequate re- decade, while the number of available act to fix the situation. sources for the smaller learning com- And just as important, particularly dental school graduates has been de- munities program. in our search for what works to im- clining. With two-thirds of Montana’s prove student achievement, is that RURAL HEALTHCARE NEEDS active dentists age 45 years or older smaller school size also positively im- Mr. BURNS. I would like to engage and more than a quarter over age 55, pacts learning. Research demonstrates my colleagues from Pennsylvania and concerns over the effect of retirement that small schools outperform large Iowa on a couple of issues relating to in coming years has grown. If a dental schools on every measure of student the Fiscal Year 2001 Labor, Health and hygiene program were established in outcomes, including grades, test Human Services, and Education Appro- Montana, hygiene graduates would be scores, attendance, and graduation priations bill. Access to healthcare in available to perform hygiene tasks rates. In the Bank Street study, nearly Montana is often inadequate. I would which presently are being performed by twice as many students enrolled in like to focus on a couple of projects dentists. This would free the dentists smaller learning communities con- that must be addressed in the state in to perform diagnosis and treatment tained within larger high schools order to address some immediate rural services which only the dentist is scored at or above national norms in healthcare needs. The first is a mobile trained to provide. The establishment reading compared to their peers. This health clinic. St. Vincent Hospital in of this program would be of vital im- impact is even greater for ethnic mi- Billings has partnered with Ronald portance to eliminating the strong nority and low-income students. McDonald House Charities to operate a prevalence of under-served areas in In addition, smaller learning commu- mobile health clinic in Eastern Mon- Montana. nities enhance the school experience tana. They hope to begin operating this Mr. SPECTER. We have rural states for both teachers and students—re- clinic later this year. This mobile in need of programs which improve search shows that smaller schools gen- health clinic will focus on providing both access and quality of care. I be- erate greater community and parental preventive health care to children at lieve these projects are worthy, and I involvement, and a more engaged and no cost in small rural communities. will consider them during the con- enthusiastic staff. Research also shows These communities are in dire need of ference agreement. I appreciate your that students at smaller schools are medical services. Mr. Chairman, Mr. bringing these issues of my attention. more likely to participate in extra- HARKIN, this is no small matter—31 Mr. HARKIN. I understand the na- curricular activities, and in a greater Montana counties are designated as ture of the problem in Montana re- variety of activities—because everyone ‘‘medically underserved’’ by the Health quires attention. I thank the Senator is needed to fill out the teams, clubs, Resources Services Administration for bringing these issues to my atten- and offices, even shy and less able stu- (HRSA). Twenty-three percent of Mon- tion. Chairman SPECTER and I will give dents are more likely to participate tanans lack access to a primary health them consideration during conference. and develop a sense of belonging. care provider. LEAP FUNDING Furthermore, contrary to what some Mr. SPECTER. I understand the Sen- Mr. REED. Mr. President, I rise to may think, small schools can be cre- ator’s concerns and agree with him engage Senators SPECTER and HARKIN

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13329 in a colloquy regarding funding for the on their hard work in producing this panies that Republicans are helping in Leveraging Educational Assistance bill for the consideration of the Senate. this bill have had years to study and Partnership (LEAP) program. I would also compliment the Com- respond to the overwhelming evidence First, I want to commend Senators mittee for addressing the medical er- that ergonomic standards improve SPECTER and HARKIN for numerous edu- rors issue. Medical errors account for worker safety. Yet these special inter- cation funding increases in the Labor, as many as 98,000 deaths each year ests continue to oppose these protec- Health and Human Services, and Edu- making it the 5th leading cause of tions. This is unacceptable, and it cation Appropriations bill. There are death in America. It is therefore appro- alone warrants a veto of this bill. tough budget pressures facing Senators priate that the Committee has rec- Debate on many other parts of this SPECTER and HARKIN, and they have ommended an allocation of $50 million bill fell into a regrettable pattern. done tremendous work on this bill. In to the Agency for Healthcare Research Time and again Democrats came to the particular, I am pleased that they have and Quality (AHRQ) to focus on ways floor with proposals to improve increased funding for the Leveraging to reduce medical errors. schools, improve health care, or im- Educational Assistance Partnership Mr. REID. Mr. President, I also want prove conditions in the workplace. Re- (LEAP) program to $70 million. to express my support for the efforts publicans rejected the amendments, be- LEAP, a federal-state partnership, is outlined in this bill to reduce medical cause the amendments didn’t allow vital to our efforts to help needy stu- errors. It is my hope that these meas- room for the massive tax breaks they dents attend and graduate from col- ures will set us on the path of con- want, and the amendments were de- lege. In fact, without this important structively addressing this troubling feated. federal incentive, many states would issue. Republicans think they’ve already never have established or maintained Mr. BINGAMAN. In hearings before done enough for the health and edu- their need-based financial aid pro- the Health, Education, Labor and Pen- cation of the American people. Demo- grams. sions Committee we heard expert testi- crats insist that more can be done and Over the past three years, I have mony regarding the contribution to in- should be done. That is a fundamental worked with Senator COLLINS and oth- creased safety made by human factors difference between the two parties. ers in the Senate to restore, revamp, research in industries such as defense The amendments that Democrats and increase funding for LEAP. This and aviation. This field of research proposed to this bill highlight the obvi- year, the Senate Labor, Health and maximizes the efficiency and accuracy ous needs that the nation should be Human Services, and Education Appro- of the interface of humans with equip- meeting. priations bill provides $70 million for ment, technology and the workplace The health of senior citizens is need- LEAP. While this funding level is less environment. lessly at risk, because they don’t have than the bipartisan request that I sub- Does the Chairman view human fac- affordable and dependable prescription mitted with 32 of my colleagues, it is a tors as a field of research that could drug coverage under Medicare. make an important contribution to- significant increase over current fund- Public schools across the country are ward reducing medical errors? ing and the President’s request. This literally falling apart. They need help Mr. SPECTER. I thank the Senator would be the biggest boost for the pro- in repairing their crumbling facilities from New Mexico and the Senator from gram in some time, and, as such, I de- and modernizing their classrooms. cided not to offer an amendment to fur- Nevada for highlighting this matter. One of every five children in the na- ther increase funding for LEAP. Yes, the field of human factors re- tion still lives in poverty. They lack However, I am concerned that during search clearly is a field that can make educational opportunities at every step Conference with the House, which has an important contribution toward re- of the way from birth through college. once again zero-funded the program, ducing medical errors. I am also aware They deserve a fair chance to do well in LEAP will not remain at the Senate’s that the National Academy of Sciences school—to go to college—to have a pro- $70 million funding level. This concern has developed an expertise in this field ductive life and career. is also shared by the higher education and I would urge the Agency for community, which strongly supports Healthcare Research and Quality to The high-technology training needed the Senate’s $70 million for LEAP. call on the expertise of the National to prepare the nation’s workforce for Would the Chairman yield for a ques- Academy of Sciences as it addresses the future economy is out of reach for tion? the medical errors issue. millions of Americans. Mr. SPECTER. I would yield to the Mr. BINGAMAN. I thank the Chair- Democrats want to do more to solve Senator from Rhode Island. man for his response. these problems. But again and again, Mr. REED. I thank the Senator. Does Mr. KENNEDY. Mr. President, I our Republican colleagues refuse to the Senator share my concern about know that Senators SPECTER and HAR- act. Their refusal raises a fundamental maintaining the Senate’s $70 million KIN worked diligently to craft a bill question of priorities that the Amer- for LEAP and is the Senator’s intent to that could gain broad support. But dur- ican people will decide in November if fight for this level in Conference? ing the floor debate, Republicans weak- this impasse continues. Mr. SPECTER. I share the Senator’s ened this bill in critical ways that We have a budget surplus of $1.9 tril- support for our Subcommittee’s fund- shortchange children in their edu- lion over the next ten years. We can af- ing level for LEAP and will work dur- cation, subject hundreds of thousands ford more than token efforts to im- ing Conference to preserve it. of American workers to ergonomic in- prove education, health care, and Mr. HARKIN. I would also like to juries, and promote a sham patients’ working conditions for the nation’s voice my support for preserving the bill of rights. families. We need major improvements Subcommittee’s funding level for I urge the Senate to reject this bill, in current law—and we can afford LEAP. and I urge the President to veto it if it them. They should be a high priority. Mr. REED. I thank my colleagues, reaches his desk. America’s school- How long will we ignore the 20 per- and I yield the floor. children, workers, seniors, and every- cent of the nation’s children who live THE ROLE OF HUMAN FACTORS RESEARCH IN one with health needs deserve a much in poverty? How long will we ignore REDUCING MEDICAL ERRORS better bill. the third of senior citizens who have no Mr. BINGAMAN. Mr. President, will Republicans’ very first order of busi- prescription drug coverage? How long the Chairman yield for a question? ness in debating this bill was to delay will we send children to crumbling Mr. SPECTER. I will be pleased to the Department of Labor’s proposed schools? How long will we refuse to ad- yield. protections against ergonomic injuries. dress the hundreds of thousands of Mr. BINGAMAN. First, I want to Hundreds of thousands of American ergonomic injuries suffered by workers compliment the Chairman and the workers will continue to suffer these each year? Now is the time to deal with Ranking Member of the Subcommittee injuries if this bill is enacted. The com- these festering problems.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 13330 CONGRESSIONAL RECORD—SENATE June 30, 2000 In fiscal year 2001 alone, a $49 billion But yesterday, Republicans added yet ments of our society. This appropria- surplus is now projected. All of the pri- another offensive provision—a sham tion vehicle supplies important funding orities I have described can be accom- patients’ bill of rights. directly benefiting American families modated for a small fraction of this Republicans went on record in favor and senior citizens while also providing amount—and they should be accommo- of weak health care protections for important assistance to our most im- dated. If we are ever going to make se- Americans. And even those weak pro- portant resource, our children. rious investments in the education of tections cover only a small fraction of This appropriation bill provides fund- the nation’s children, now is the time. the number of people who need protec- ing for helping states and local com- The record prosperity we are now en- tion. The Republican plan contains in- munities educate our children. Addi- joying also gives us an opportunity to effective appeal procedures. These de- tionally, it provides the necessary save many more lives through better fects are the reason why the GOP plan funds for supporting our scientists access to health care. It gives us an op- is strongly opposed by all medical and dedicated to finding treatments, if not portunity to modernize Medicare by nursing organizations and hundreds of cures, for many of the illnesses which adding a life-saving prescription drug patient groups and consumer groups plague our nation. This bill also pro- benefit for senior citizens. It gives us across the country. Only the insurance vides funds for ensuring our nation’s an opportunity to provide many more industry supports the Republican plan, most vulnerable—our children, seniors children with a decent education and because it’s a plan that only an HMO and disabled have access to quality enable them to become full partici- could love. health care. In addition, it provides the pants in the new economy. It gives us This flawed bill should be defeated. monetary support for important pro- an opportunity to make every work- The American people deserve far better grams assisting working families need- ing assistance with child care, adult place safer, and to provide millions of than this. day care for elderly seniors and Meals workers with the skills they need in ∑ Mr. MOYNIHAN. Mr. President, I am pleased to see the New-York Historical on Wheels. this rapidly growing high tech econ- These are many important programs Society mentioned in the Committee omy. funded through this bill that help so Report to the Labor-HHS Appropria- We can do all this, and also provide many vulnerable citizens that I am tions bill. The Society is a wonderful responsible tax relief for the vast ma- even more frustrated to find this bill New York institution that has out- jority of our citizens. Democrats sup- laden with directives and accounting port targeted tax relief for the nation’s standing collections and runs out- gimmicks. I am particularly dis- families, not the excessive and irre- standing educational programs. One appointed that this bill redirects $1.9 sponsible tax breaks for the wealthy such program would soon bring to the billion from the State Children’s that our Republican colleagues insist general public one of the nation’s most Health Insurance Program, S–CHIP, to on. extensive collections of Revolutionary assist in funding other programs and The Republican estate tax relief bill War materials; documents, manu- projects. This is simply wrong and is alone would cost $105 billion in the scripts, artifacts, and works of art. nothing more than an accounting gim- first ten years, and $50 billion a year Tied to the collection will be a pro- mick at the expense of the health of after that. It’s the ultimate tax break gram that will tie in with social stud- America’s children. In addition, I am for the wealthy. Its relief goes to the ies and history classes across the na- concerned about the significant reduc- wealthiest 2 percent of Americans— tion. tion in Social Services Block Grant, those who have prospered most in our The key components of this effort are SSBG. record-breaking economy—those who digitization of primary documents and I applaud the committee for includ- have no trouble affording education for museum objects to make them avail- ing very few specific funding earmarks their children, health care for their able on the World Wide Web and work- but am distressed about the extensive families, or the prescription drugs they shops for teachers to be held at the list of directives that have been in- need. Historical Society to show creative ap- cluded. It is apparent that the plethora Other Republican tax breaks now proaches to interpreting history using of directives and strong committee lan- pending in the Senate would cost a documents and artifacts. Video confer- guage are intended to camouflage the total of $711 billion over the next ten encing will make teacher workshops number of specific projects that are years, exploding to even higher costs in available around the country as well. being provided special consideration the following years. George W. Bush Published school curricula and re- and bypassing the appropriate competi- has proposed tax cuts that would con- sources kits based on the Society’s tive funding process. The list of set sume the entire $1.9 trillion budget sur- Revolutionary collections will be avail- asides contained in this bill are so ex- plus projected over the next ten years. able to teachers as well. There will also tensive that I will not burden the If Republicans are willing to give be an interactive web site for teachers chamber with listening to me list each even slightly less to those who already and students, a linkage of the Society’s one individually. Instead, I will high- have the most, we will have more than library and museum collection data- light just a few of the violations of the enough resources to dramatically im- bases, providing one unified source of appropriate budgetary review process. prove education and health care for all information on the collections. The So- These include: Americans. ciety also hopes to develop a 30 minute Language encouraging consideration The American people should be very interactive video in English and Span- of efforts by the University of Pitts- clear on this issue. The Republican tax ish available in the Society head- burgh Medical Center Health System, breaks are too extreme. They are keep- quarters and on the web. Finally, hand UPMC-HS, to implement a state-of- ing the nation from meeting its high held scanners will give visitors instant the-art Health System wide project to priority needs in education, heath care, electronic access to information about electronically store and provide all the workplace and other vital areas. the collections as they are viewed and clinical and administrative informa- These needs can be met, if Congress has access to related websites. tion in a secure and automated man- the will to meet them. As we head into Mr. President, the Historical Society ner. the final weeks of this year’s session, I has wonderful plans for its future. I Language encouraging additional urge my colleagues to do a better job of hope we are able to assist with what is funds for the Pine Ridge Indian Res- meeting these all-important priorities. truly a project of national scope when ervation in the southwestern corner of The anti-labor rider that Republicans we finalize this bill during the coming South Dakota which has a high inci- attached to this bill on ergonomics, months.∑ dence of alcohol addition. combined with the failure to fund edu- Mr. MCCAIN. Mr. President, this ap- Language encouraging consideration cation priorities in class size and propriation bill contains funding for of a program at the Center Point, Inc. school construction, would be enough many critical and quite frankly, essen- which provides low-cost, comprehen- alone for me to vote against this bill. tial programs benefitting many seg- sive drug and alcohol services to high

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13331 risk families and individuals in the San our workers. Unfortunately, the bill port on medical errors clearly illus- Francisco Bay area. before us falls short and I will vote trated what was wrong in our health Language directing consideration of against it. care delivery system. Fortunately, this sufficient funds to continue West Vir- In March, I expressed my concerns Appropriations bill provides the fund- ginia’s Injury Control Training and that the Congressional Majority was ing to help us avoid medical mistakes. Demonstration Center at the same not sufficiently funding this part of the I also want to thank the Chairman level as last year. budget. for his support of telemedicine efforts. Language directing consideration of Today, in June, we can see specifi- For rural communities in Washington the Lewis and Clark College’s Life of cally how those shortcomings will im- state, expanding and enhancing tele- the Mind Education initiative that de- pact the American people. While this medicine is an important part of ensur- velop an educational programming bill does make some specific gains in ing access to quality, affordable health celebrating the 200th anniversary of key public health programs, the overall care. I appreciate the Chairman’s sup- the Lewis and Clark expedition and the picture is lacking. port of my request for Children’s Hos- Louisiana purchase. While I am pleased with some parts pital in Seattle to support a telemedi- The Committee is aware of the fol- of this bill, I am voting against it be- cine project. lowing projects that it encourages the cause it does not make the necessary I would be remiss if I did not con- Department of Labor to consider sup- commitments to public health, worker gratulate the Chairman and Ranking porting: safety, and reducing class sizes. We member for their efforts on behalf of Workforce Training and Retraining have a surplus and we can invest in key women’s health care. The pending for dislocated and incumbent workers programs like education, health care, LHHS Appropriations bill does address in real manufacturing environment— job training, and work place, but in- many of the gender inequities in re- University of Albany, NY. stead we are guided by a spending plan search and access. The Chairman has Workforce Development project to that places a greater emphasis on irre- also provided an increase for the CDC retain older incumbent workers for sponsible tax cuts. Breast and Cervical Cancer Treatment Montana workforce—Montana State Before I outline the specific reasons Act to expand the Wise Women pro- University, Billings. for my vote, I do want to thank the gram to additional states, including University of Alaska/Ketchikan Ship- Chairman for his hard work on this Washington state. This important yards training program for shipyard bill. He has been given an impossible screening program would allow for the workers. task, and he has still been able to screening of breast and cervical cancer State of New Mexico—telecommuni- make some key investments in vital as well as heart disease. It builds on cations job training for dislocated health initiatives like the National In- the success of the breast and cervical workers. stitutes of Health, NIH, our efforts to cancer screening program to offer Clemson University, retraining of to- reduce medical mistakes, and efforts to greater access for low income women. bacco farmers. expand medical services in rural areas Clearly, there are some good ele- While each of these programs may be through the use of telemedicine. ments of this bill. Unfortunately, the just and deserving of funding it is When it comes to funding the NIH, lack of overall investment in public appalable that these funds are specifi- the additional $2.7 billion allocated in health undermines these provisions. cally earmarked and not subject to the this bill is clearly a sound and wise in- The bottom line is that the overall appropriate competitive grant process. vestment. Unfortunately, we have not commitment made to the LHHS and I am confident that there are many fa- made the same investment in other im- Education programs has been short cilities, health organizations, and edu- portant health care access and preven- changed in order to provide massive cational sites around the nation need- tion programs, but I am committed to tax cuts for the few. The priorities of ing financial assistance for their par- working with the Chairman to main- the FY01 Budget Resolution simply do ticular programs who are not fortunate tain this level for NIH. not reflect the priorities of working enough to have an advocate in the Ap- We also need to ensure that all public families. propriation process to ensure that health agencies receive the same level Another problem with this bill is it their funding is earmarked in this of commitment and support. Without does not protect America’s workers. funding bill. This is wrong and does a the work and programs of CDC, HRSA, Today, we have one of the lowest un- disservice to all Americans. and FDA, research funded from NIH employment rates in our nation’s post- Mr. President, so many important will never make it to patients. war economy. We have jobs that can- programs including those impacting We also need to show the same com- not be filled, but we also have workers the health and education of our nation mitment to prevention programs and who cannot find jobs because they lack depends on the support provided health care access programs that we the training and necessary skills. Dis- through this bill and yet, we have di- have shown to NIH. What we some- located workers are a resource we sim- luted the positive impact of these pro- times forget is the number one killer in ply have not tapped and the funding grams by siphoning away funds for spe- this country is cardiovascular disease, levels in this bill do not allow for the cific projects or communities which a disease that we can do more to pre- necessary investment in these pro- are fortunate enough to have represen- vent. grams. tation on the Appropriation com- Another highlight of this bill is its This bill also does not allow OSHA to mittee. support for innovative solutions to pre- issue an ergonomics standard, even We must find the courage to discard vent medical errors. The $50 million to though ergonomic injuries are the sin- the spending gimmicks and earmarks fund new projects to reduce medical gle-largest occupational health crisis contained in this bill during conference mistakes is essential if we hope to im- faced by men and women in our work and provide the much needed financial plement effective, constructive solu- force today. support for education, work training, tions. I believe this new funding will I am also disappointed that this bill children, health care, research and sen- provide support to hospitals and clinics does not fund the President’s efforts to ior programs. to automate drug dispensing to reduce ensure pay equity. This bill does not Mrs. MURRAY. Mr. President, the fatal errors from prescription drugs not give the Department of Labor and the Labor, Health and Human Services ap- administered correctly. It will ensure Equal Employment Opportunity Com- propriations bill is meant to address that we utilize ‘‘best practice’’ stand- mission the tools it needs to enforce the needs of our nation’s most precious ards when implementing automation wage discrimination rules. resource, our people. When a Labor, into hospitals and will allow the expan- In addition, this bill does not guar- HHS bill is properly funded, it ensures sion of current efforts at the Veterans antee that classrooms across America the health of our families, the edu- Administration to reduce medical mis- will be less crowded next year. While I cation of our children and the safety of takes. The Institute of Medicine’s re- appreciate the Chairman’s efforts, the

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 13332 CONGRESSIONAL RECORD—SENATE June 30, 2000 funding level is not adequate to meet $350 dollar increase in the maximum In conclusion, Mr. President, I ex- our goal of hiring 100,000 new teachers Pell Grant award, up to a maximum of press my appreciation to the Chairman to reduce classroom overcrowding. In $3,650 dollars. The bill also includes an and Ranking Member, Senators SPEC- addition, the structure of the funding increase of $1.3 billion for special edu- TER and HARKIN, for their efforts in does not guarantee that the funds will cation programs, raising the total ap- putting together this very important be used to reduce classroom over- propriations for such purposes from funding bill. These two Senators are crowding. $6,036,196,000 to $7,352,341,000. Further- vastly experienced and knowledgeable This is a national priority, and we more, for the first time, this bill en- when it comes to matters under the ju- should direct this investment to reduc- ables local education agencies to use risdiction of the Labor, Health and ing class size. If we do not continue to Title VI funds for school modernization Human Services and Education Sub- honor our commitment to classroom and class-size reduction efforts, if they committee. They have worked on a bi- overcrowding, we will have failed to so choose. partisan basis splendidly, as is always give students the tools to learn the ba- I am pleased that the bill contains the case, preparing this Fiscal Year sics in disciplined environment. over $40 million in funding for the Rob- 2001 appropriations bill. I also am concerned that we have ert C. Byrd Honors Scholarship pro- I also wish to express my apprecia- doomed this bill to failure if we reject gram. As the only merit-based scholar- tion to Senators SPECTER and HARKIN the President’s education agenda, ship program funded by the Depart- for facilitating the inclusion of my which includes a targeted class size re- ment of Education, this program amendment into the managers’ pack- duction program. Not simply throwing awards scholarships to high school age. My amendment provides $50 mil- more money at the problem, but using graduates who demonstrate out- lion to the Secretary of Education to limited resources to invest in our chil- standing academic achievement and award grants to states to develop, im- dren. I will continue to work with the have been accepted to attend an insti- plement, and strengthen programs that Chairman as I do believe he is trying to tution of higher learning. teach American history as a separate work with difficult spending limita- The bill includes nearly a million subject within school curricula. The tions, but we need to improve our com- dollars for the continuation of a pro- importance of America history is too mitment to reducing class sizes. This gram to identify and provide models of often undervalued in our nation’s class- bill does not get the job done. alcohol prevention and education in rooms. Poll after poll in recent years Finally, Mr. President, I want to ex- higher education. Alcohol abuse is a has alerted us to huge gaps in histor- press my strong opposition to the devastating problem on college cam- ical knowledge among our nation’s Helms Amendment, which would over- puses across America, and I hope that schoolchildren. It is my hope that this ride the choices of thousands of com- this program will provide incentives amendment will encourage teachers munities and would endanger Amer- and form the basis for colleges and uni- and students to take a deeper look at ica’s students. versities to better address the problem the importance of our nation’s past. Currently, 23 states allow minors ac- of alcohol abuse on their campuses. Again, I wish to compliment the two I note that the bill includes a $1.2 bil- cess to confidential family planning fine managers of the bill and the Ap- lion initiative to address the problem and contraceptives. The Helms amend- propriations staff who have assisted of youth violence, which is also a ment would override those laws and— them with preparing the bill. I urge my major national concern. This spring, at in effect—create a new federal parental colleagues to support the bill. consent law. Access to safe, confiden- West Virginia University, I convened a tial reproductive health care services Youth Summit on Violence that was Mr. KOHL. Mr. President, I rise in for minors is a major health concern, designed to give young people an op- support of final passage of the FY 2001 and various communities have found portunity to put forth their ideas on Labor, Health and Human Services, their own ways to address it. how to reduce violence among their Education and Related Agencies Appro- This is not just about preventing peers. In response to the question, priations bill. Although I have con- pregnancy. It’s about preventing fatali- ‘‘What would best prevent violence in cerns with the funding levels in some ties. AIDS and HIV threaten students the schools?’’—the number one re- areas, I want to commend Senator today. Unfortunately, this amendment sponse from these young people was to SPECTER and Senator HARKIN for again jeopardizes a public health effort to create safe places where they can gath- working under difficult budget con- protect these students. er for social activities after school. In straints to put together a good bill I do want to mention that I was sur- that regard, I am pleased that the bill that addresses many of our nation’s prised to hear the sponsor of this includes $600 million for the 21st Cen- needs. amendment talk about access to RU– tury Learning Centers Program. That I am pleased that the bill includes 486 in school-based clinics. I would re- very important program supports significant increases for many vital mind my colleague that RU–486 has grants to local education agencies for health and education programs. We’ve still not been approved for use in this the purpose of establishing after-school invested in our youngest children, by country. The real issue here is our abil- programs. increasing the Child Care & Develop- ity to protect the health of students The bill contains nearly $250 million ment Block Grant by $817 million, and across America, and the Helms amend- for the Mine Safety and Health Admin- by increasing Head Start by $1 billion. ment stands in the way of that impor- istration, and an increase of $2.5 mil- The bill also provides much-needed in- tant priority. lion above the President’s request for creases for elementary and secondary When I look at the Labor, HHS bill, the Mine Health and Safety Academy. education, including Title I, Special I see a bill that fails America’s workers This agency is vital when it comes to Education, After-School programs, and and students. Because this bill does not protecting the health and safety of our Impact Aid. And the bill ensures that make the necessary investments in nation’s miners. The measure also con- more students will have the oppor- public health, worker safety and edu- tains $6 million for black lung clinics, tunity to go to college by increasing cation, I am voting against it. which play a critical role in providing funding for Pell Grants, Work-Study, Mr. BYRD. Mr. President, I support medical treatment to coal miners suf- and TRIO programs. It is my hope that the Fiscal Year 2001 appropriations bill fering from black lung disease. when we go to conference, we can find for the Departments of Labor, Health Further, the bill includes more than more funds to make an even stronger and Human Services, Education, and $200 million for the National Institute investment in our children’s education. Related Agencies. for Occupational Safety and Health I am also pleased that the bill makes This measure increases funding for (NIOSH). Important research con- great strides in ensuring access to education programs by $4.6 billion from ducted at NIOSH adds to our under- quality health care. The bill includes a $37,924,569,000 to $42,594,646,000. This in- standing of occupation-related ail- $150 million increase for Community crease includes funds to provide for a ments and diseases. Health Centers, which provide care to

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13333 many low-income, uninsured Ameri- I am voting for the bill at this point, the GA days and Medicare DSH cal- cans. The bill includes a modest in- despite the concerns I have just out- culation policy across States. Begin- crease for nursing home inspections to lined, because I believe we must move ning in January of 2000, HCFA began ensure that elderly and disabled pa- this bill through the Appropriations allowing some States which operate tients receive the highest quality care. process. However, let me make clear under Medicaid Section 1115 waivers to And clearly, all Americans will benefit that these concerns must be addressed include the GA population in the Medi- from the $2 billion increase for the Na- before the bill emerges from Con- care DSH calculation, thus signifi- tional Institutes of Health. This in- ference. I look forward to working with cantly increasing those States’ DSH re- crease in funding for biomedical re- all of my colleagues to improve the bill imbursements. Since Pennsylvania search will lead us down the path to as the process continues. hospitals operate under a Section 1915 new treatments and cures for disease. Mr. SPECTER. Mr. President, I rise waiver rather than Section 1115, it has Despite these important provisions, I today to raise a very important issue been made clear to them that they can- have several concerns with the bill concerning the vital safety-net hos- not count GA populations in their cal- that I believe must be addressed in con- pitals in my state of Pennsylvania. As culations. ference. First, I am deeply troubled by my colleagues are aware, the Medicare I urge my colleagues to join me in the cut in the Social Services Block Disproportionate Share Hospital pro- my commitment to ensure that HCFA Grant. My State and counties rely on gram consists of special supplemental clarifies once and for all how the GA these funds to provide home care, serv- payments made to hospitals to offset population should be treated under the ices for the disabled, and child welfare the costs for providing uncompensated Medicare DSH program, thus assuring programs. In Wisconsin, the vast ma- care. I worked closely over the last few that Pennsylvania and all States will jority of SSBG money goes straight to years with Pennsylvania hospitals and be treated fairly under one uniform and the county level. Without SSBG funds, the Health Care Financing Administra- understandable policy. our counties have no guarantee they tion to resolve a dispute concerning Mr. SANTORUM. Mr. President, I will receive enough money to provide the inclusion of a State’s General As- rise today to address an issue that Sen- these critical services. I am heartened sistance population as a part of its ator SPECTER and I have been working Medicare Disproportionate Share Hos- that Senator STEVENS, Chairman of the on with Pennsylvania hospitals and the Appropriations Committee, has made a pital (DSH) payment calculation. In Health Care Financing Administration. commitment to restore these funds in August 1998, HCFA asserted that Penn- Since 1998, we have been trying to re- conference, and I look forward to work- sylvania hospitals were incorrectly in- solve a dispute concerning the inclu- ing with him to make that happen. cluding General Assistance (GA) days sion of a state’s General Assistance Second, I believe we must make a in their Medicare DSH calculation, and population as a part of its Medicare stronger investment in programs that claimed that they should only have in- Disproportionate Share Hospital (DSH) serve our nation’s seniors. I am very cluded Medicaid days. These payments payment calculation. HCFA asserted in concerned that programs under the represent a significant portion of many 1998 that Pennsylvania hospitals were Older Americans Act—including Sup- hospitals’ revenues, and any proposed including General Assistance (GA) days reduction puts the Commonwealth’s portive Services and Centers and Nutri- in their Medicare DSH calculation, neediest populations at risk. tion programs—are inadequately fund- when they should only have included The dispute raised further concerns ed. I also support the inclusion of $125 about how HCFA interpreted its own Medicaid days. This issue at the time million for the Family Caregiver Sup- rules and regulations. Medicare fiscal was an enormous concern to the hos- port Network, which provides support intermediaries had been reimbursing pitals which provide care to the need- and respite to family members caring hospitals with the GA days included for iest populations in my state, and this for a relative in long-term care. In ad- the past twelve years. Yet, beginning issue remains unresolved today. Mr. President, this is a matter of dition, we must include larger in- in mid-1998, HCFA reversed its own creases for programs that utilize the intermediaries’ interpretation and fairness and applying the rules and in- unique talents of our nation’s older began recouping the so-called overpay- terpretations equally. Medicare fiscal citizens, such as the Foster Grand- ments for certain years, as far back as intermediaries had been reimbursing parents and Senior Companions pro- fiscal year 1993. The impact to Penn- hospitals with GA days included for the grams. I hope that the conference com- sylvania’s hospitals would have totaled past twelve years. In 1998, HCFA re- mittee will do what’s right and make in the hundreds of millions of dollars. versed its own intermediaries’ interpre- the necessary investments in programs Indeed, I was encouraged when Sec- tation and began recouping the so- that serve the elderly. retary Shalala and Administrator called overpayments as far back as fis- Finally, I was also disappointed that DeParle were able to work out a retro- cal year 1993. Since then, Pennsylvania a provision blocking OSHA from pur- active solution regarding the DSH cal- hospitals stopped including the GA suing a rule on ergonomics was in- culations. As of October 1, 1998, Penn- days in their DSH calculations. cluded in the bill. This move to include sylvania hospitals stopped including I now understand that thirty-five legislative riders on appropriations the GA days in their DSH calculations, other States had been including Gen- bills has become a common effort to but since the law was unclear enough eral Assistance days in their Medicare circumvent the rule making process. In for the fiscal intermediaries to have DSH calculations, and that since Janu- this case, opponents wanted to stop the been confused for twelve years, they ary of this year, HCFA began allowing process before we had a chance to see did not have to give back any reim- some states which operate under Sec- what the final rule would look like. I bursements. I understand that 35 other tion 1115 Medicaid waivers to include believe this effort to halt the rule is States had been including General As- the GA population in the Medicare premature. There are almost 1.8 mil- sistance days in their Medicare DSH DSH calculation. Pennsylvania hos- lion ergonomic injuries every year with calculations, thus the resolution of pitals operate under a Section 1915 300,000 resulting in lost work days. this dispute was critical for many safe- waiver, and it has been made clear to Workers are suffering through painful ty-net hospitals across the nation. them that they cannot count GA popu- injuries every day, and we must do However, Mr. President, it now ap- lations in their calculations. something. OSHA has been working on pears that Pennsylvania hospitals are Mr. President, HCFA appears to be this issue for ten years, and we should once again at a disadvantage with re- unfairly applying GA days and Medi- delay it no longer. gard to their Medicare DSH reimburse- care DSH calculations across states. I Overall, Mr. President, I believe the ments, as HCFA is graying the regu- am very concerned that hospitals in Chairman and Ranking Member of the latory area we thought had been clari- Pennsylvania remain at a disadvan- Appropriations Committee have done fied last year. tage, and I remain committed to work- an outstanding job in putting together I understand from Pennsylvania hos- ing with HCFA to clarify once and for this bill under difficult circumstances. pitals that HCFA is unfairly applying all how the GA population should be

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 13334 CONGRESSIONAL RECORD—SENATE June 30, 2000 treated under the Medicare DSH pro- prices—hedge against price surges by There is a final area I would like to gram. purchasing options contracts. touch upon and that is children. While I appreciate the diligence that my The decision to include advanced ap- researchers have already made fan- colleague from Pennsylvania, Senator propriations in LIHEAP was made tastic breakthroughs in the area of SPECTER, has shown on this matter, years ago and has been faithfully fol- mental illness, research for children and I will continue to work with him lowed. The current uncertainty in en- still remains incomplete. toward a satisfactory resolution. ergy markets is the wrong time to in- We must continue the excellent work Mr. KENNEDY. Mr. President, I ject further uncertainty in LIHEAP already being done, like studies seek- strongly support advanced appropria- funding. That is why I join my col- ing to understand the basic mecha- tions for the Low Income Home Energy leagues from both sides of the aisle in nisms of brain development and com- Assistance Program. Senator WELL- calling for advance appropriations for parisons of effective treatments for STONE’S amendment continues the this program. specific illnesses. funding practice that has existed for The support made available by this Additionally, scientists have already years in this program. It enables states program is literally a matter of life established preventive steps that can to plan ahead for the energy assistance and death for millions of families in be taken that are effective: Genes are they provide to needy families. Massachusetts and New England. Con- identified to see if a child has a pre- The bill as now written unfortu- gress should do everything possible to disposition to a certain illness and if so nately ends this current practice. It in- encourage planning that avoids the monitoring begins. In conjunction with troduces needless uncertainty into the supply and price problems that left so that, a calm environment is sought for funding outlook for the future. At this many families in the cold last winter, the child and early stage drugs are ad- time of high energy prices and budget and that threaten our region’s eco- ministered if appropriate. surpluses, we should strengthen the nomic health. I would submit the key for not only protection we provide low-income fam- Mr. DOMENICI. Mr. President, I rise children, but adults is the continuation ilies, not weaken it. today to discuss the critical impor- of research that will allow us to realize A third of Massachusetts families tance of mental health research. even greater breakthroughs that will rely on home heating oil, which nearly The human brain is the organ of the enable earlier and more accurate diag- doubled in price last winter because in- mind and just like the other organs of noses of a mental illness. And I firmly ventories were too low to meet the sud- our body, it is subject to illness. And believe the key to ensuring continued den surge in need for heating oil when just as illnesses to our other organs re- discoveries through our research is to unseasonably cold weather suddenly quire treatment, so too do illnesses of continue providing our nation’s re- arrived. Many families could not deal the brain. searchers with adequate funding. with this expense. But because heat is With this in mind, I think that it is Mr. KYL. Mr. President, today the a basic necessity for families in New appropriate to be discussing the bene- Senate is voting on final passage of the England, they had no choice but to fits of mental health research as we FY2001 Labor, Health and Human Serv- make room in their limited budgets for have just concluded the ‘‘Decade of the ices, and Education appropriations bill, the soaring cost of heat. Brain.’’ During this time we witnessed H.R. 4577. This year, all indications are that breakthrough achievements like new This measure includes funding for once again, heating oil inventories are medications and brain imaging tech- many good and worthwhile programs: dangerously low throughout the North- niques that have provided innumerable medical research conducted by the Na- east. The coming winter may bring benefits for so many Americans. tional Institutes of Health, a drug-de- price spikes that are even higher than Just last year, I dedicated the Na- mand reduction initiative, efforts to last winter. Natural gas prices are un- tional Foundation for Functional Brain combat bioterrorism, Pell Grants, Im- usually high this year as well, which Imaging at the University of New Mex- pact Aid, and services for older Ameri- may well increase demand for heating ico. The Foundation’s purpose is to ad- cans, to name a few. oil. vance the development of magneto-en- The amount of funding allocated to We should do more to ensure that cephalography, or MEG, technology this bill is very generous: $97.8 billion adequate inventories of heating oil are that provides real-time imagery of neu- in discretionary appropriations, or maintained in the Northeast. Early in rons as they operate within the human about 12 percent over last year’s level. this year, I introduced legislation to do brain. There are very substantial increases so. But the Energy Committee has not As we explore functions of ‘‘normal’’ provided for particular programs. For acted on this proposal, and the indus- brains, as well as brains of individuals example, there is a 12 percent increase try steadfastly refuses regulation as a suffering from severe illnesses, we may for the Occupational Safety and Health means of protecting families that rely well be on the brink of exciting break- Administration, a 13 percent increase on oil heat. So we need to focus on throughs for mental illness treatment. for the Ricky Ray Hemophilia Relief other ways to address the problem. Moreover, one only needs to look at Fund, a 15 percent increase for the Na- The best defense for families that the amazing research being done by the tional Institutes of Health, a 19 percent need reliable, economical heat to sur- National Institute of Mental Health to increase for Head Start, and a 13 per- vive is to plan ahead to meet their realize how far we have really come cent increase for education. needs. Secretary Richardson has urged over the past decade. And finally, the I believe the OSHA increase, for one, consumers to fill their heating oil close of the decade gave us the first is something that can and should be tanks this summer, while prices are ever Surgeon General’s Report on Men- cut back in conference. If we want to stable, and I join him in strongly rec- tal Health entitled, ‘‘Mental Health: A maintain the other large increases, ommending this action. Report of the Surgeon General.’’ though, we need to find other pro- State governments which distribute However, even with these fabulous grams, of lesser priority, to cut in LIHEAP funds also need to plan ahead, advances we must still maintain our order to moderate the total cost of the but they need an entire fiscal year to vigilance and continue our support for bill. properly plan. They need to plan to set research so even newer and better My concern is, as we get to con- eligibility limits and to distribute ben- breakthroughs are made by our na- ference, there will be pressure to in- efits. They need to know what level of tion’s researchers. crease spending even more. We are federal assistance will be available, so For instance, about 5 million individ- going to hear a lot, for example, about they can budget their state assistance uals in the United State suffer from a the need for more funding for the So- accordingly. They also need advance severe and persistent mental illness. cial Services Block Grant program. If notice so that they can do what most Nearly 7.5. million children and adoles- the amount in the bill for SSBG is companies do when they buy commod- cents suffer from one or more types of going to be increased, we are going to ities that are subject to volatile mental disorders. have to find somewhere else to cut. I

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13335 hope proponents of these increases will Murkowski Smith (OR) Thompson cation. We have more money in this keep that in mind as we proceed to Roberts Snowe Thurmond bill for education than asked for by Roth Specter Warner conference. Santorum Stevens President Clinton. I believe we are The sky is not the limit here. I am Shelby Thomas making moves in the right direction. going to support this bill today to get NAYS—43 Maybe we vote and disagree here and it to conference, but I am not inclined Akaka Feingold Nickles there in little bits and pieces, but, by to support a dollar more in the con- Allard Feinstein Reed and large, what is in the bill for edu- ference report. We have got to do a bet- Baucus Graham Reid cation I think should be a mark and a ter job of prioritizing, or we will soon Bayh Gramm Robb source of pride for all of us. Biden Grams find Congress once again raiding the Rockefeller I thank Senator SPECTER for his lead- Bingaman Helms Sarbanes Social Security surpluses to pay for Brownback Johnson Schumer ership on that side. other government programs. Bryan Kennedy Sessions The PRESIDING OFFICER. Does the Bunning Kerry Smith (NH) Senator from New Mexico yield time? We just put a stop to that two years Conrad Landrieu Torricelli ago. We have to honor our commitment Daschle Lautenberg Mr. DOMENICI. I would be glad to Voinovich Dodd Levin yield a minute to Senator SPECTER. to preserve Social Security surpluses Wellstone for Social Security. Dorgan Lieberman The PRESIDING OFFICER. The Sen- Durbin Mikulski Wyden The question is on the engrossment Edwards Murray ator from Pennsylvania. of the amendments and third reading of Mr. SPECTER. Mr. President, I the bill. NOT VOTING—5 thank my distinguished colleague from The amendments were ordered to be Boxer Inouye Moynihan Iowa for those very generous com- Hatch Leahy engrossed, and the bill to be read a ments. We have a close working rela- third time. The bill (H.R. 4577), as amended, was tionship. I learned a long time ago that The bill was read a third time. passed. if you want to get something done in The PRESIDING OFFICER. The bill (The bill will be printed in a future this town, you have to be willing to having been read the third time, the edition of the RECORD.) cross party lines. question is, Shall the bill, as amended, Mr. COVERDELL. Mr. President, I This bill involving education funding, pass? move to reconsider the vote. health funding, and the Department of Mr. SPECTER. Mr. President, before Mr. SPECTER. I move to lay that Labor with job training and worker moving to final passage, I thank my motion on the table. safety is a good bipartisan result. distinguished colleague, Senator HAR- The motion to lay on the table was Mr. HARKIN. Mr. President, if the KIN, for his cooperation, and our de- agreed to. Senator will yield, I was remiss. Some- voted staffs: Bettilou Taylor, Jim The PRESIDING OFFICER. The Sen- one else we have to thank is the chair- Sourwine, Mary Deitrich, Kevin John- ator from Iowa. man of our committee, Senator STE- son, Mark Laisch, Jon Retzlaff, Ellen Mr. HARKIN. Mr. President, I want VENS, who worked very hard to get the Murray, Lisa Bernhardt, and Allison to say a public thank you to our chair- allocations. When we ran into some DeKosky. man, Senator SPECTER. problems, he was able to find ways so I ask for the yeas and nays. The PRESIDING OFFICER. May we we could move ahead with this bill, and The PRESIDING OFFICER. Is there a have order in the Chamber. Conversa- disregarding some of the problems we sufficient second? tions will please be taken to the back had so we could get to conference. There is a sufficient second. The of the Chamber or to the Cloakroom. I thank Senator STEVENS for his sup- clerk will call the roll. The Senator from Iowa. port of this subcommittee. The legislative clerk called the roll. Mr. HARKIN. Mr. President, in all Mr. SPECTER. Senator STEVENS did Mr. NICKLES. I announce that the the years I have been on this com- an extraordinary job as we moved Senator from Utah (Mr. HATCH) is nec- mittee and also on the subcommittee, through this very tough process. Our essarily absent. which now numbers 16, this is the ear- distinguished ranking member of the I further announce that, if present liest we have ever gotten this bill fin- full committee, Senator BYRD, has and voting, the Senator from Utah (Mr. ished. If I am not mistaken, this may been a strong stalwart throughout the HATCH) would vote ‘‘yea.’’ be the first time that this was not the entire process. Mr. REID. I announce that the Sen- last bill to be acted on, whether it has Other Senators are waiting to speak. ator from California (Mrs. BOXER), the been Republican leadership or Demo- I have already enumerated the great Senator from Hawaii (Mr. INOUYE), the cratic leadership. work done by our staff. I pay special Senator from Vermont (Mr. LEAHY) and I thank Senator SPECTER for his tribute to the staff. Bettilou Taylor the Senator from New York (Mr. MOY- great leadership. I thank him for work- has been a very real stalwart. NIHAN) are necessarily absent. ing in such an open and bipartisan Mr. STEVENS. Mr. President, I con- I further announce that, if present fashion with us on this side. I have gratulate Senator SPECTER and Sen- and voting, the Senator from Vermont never had a case where something was ator HARKIN, on my own behalf, and I (Mr. LEAHY) would vote ‘‘no.’’ done on the Republican side that I am sure I speak for Senator BYRD also. The PRESIDING OFFICER (Mr. didn’t know about and that we weren’t The Senate should know this is the FRIST). Are there any other Senators in consulted with every step of the way. I largest health services bill in history. the Chamber desiring to vote? want Senator SPECTER to know how It represents a magnificent contribu- The result was announced—yeas 52, much we really appreciate that. tion and commitment to increasing nays 43, as follows: The working relationship has been funding for medical research in par- great with our staff: Bettilou Taylor, ticular, and so many other things in {Rollcall Vote No. 171 Leg.} Jim Sourwine, Mark Laisch, Mary general. Both of these Senators have YEAS—52 Dietrich, Jon Retzlaff, Kevin Johnson, done tremendous work in getting this Abraham Craig Hutchison Ellen Murray, and Lisa Bernhardt. Our bill where it is and getting it to the Ashcroft Crapo Hutchison Bennett DeWine Inhofe staff has a great working relationship. House. I think they really deserve our Bond Domenici Jeffords Again, as we now go into conference total congratulations for keeping our Breaux Enzi Kerrey with the House, I make a commitment commitment to doubling the amount of Burns Fitzgerald Kohl Byrd Frist Kyl to my chairman that we will continue money available for medical research Campbell Gorton Lincoln to work in a bipartisan fashion, as we within 5 years. Chafee, L. Grassley Lott have always, to make sure we can Mr. DODD. Mr. President, I rise to Cleland Gregg Lugar bring back a strong bill. express my regret that I was unable to Cochran Hagel Mack Collins Harkin McCain I think we can be proud of the support the Labor/HHS Appropriation Coverdell Hollings McConnell amount of money we have in edu- bill that was passed by the Senate

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 13336 CONGRESSIONAL RECORD—SENATE June 30, 2000 today. I was initially prepared to offer discipline or for the convenience of lusion of patient protections. This my support when we began debate on mental health facility staff by extend- amendment fails to cover all Ameri- this legislation, however the addition ing to the mental health population a cans with private health insurance and of a number of troubling amendments standard that has been shown to be ef- fails to offer patients a true right to during consideration of this bill com- fective in reducing the use of restraints seek legal redress when they are pels me to oppose this bill. and seclusion in nursing homes. Fur- harmed by an HMO’s refusal to provide Before I discuss the provisions that ther, this legislation will require that care. I am also disappointed that the caused me to vote against the legisla- all restraint and seclusion related majority refused to support an amend- tion, I would like to recognize Senators deaths be reported to an appropriate ment offered by Senator DORGAN which SPECTER and HARKIN as well as the rest oversight agency. In addition, this leg- would have required that any patient of the Labor, Health and Human Serv- islation would require adequate staff- protection legislation passed by the ices, and Education Appropriations ing levels and appropriate training for Senate cover all 191 million privately Subcommittee, for their efforts to in- staff of facilities that serve the men- insured Americans. crease our nation’s investments in a tally ill. These safeguards will hope- Lastly, I am disappointed that this number of critical programs that serve fully prevent further harm to individ- legislation would delay a proposed our nation’s children and families. uals who may be unable to protect ergonomics standard to protect work- First, this legislation includes an in- themselves from abuse by those en- ers from work-related musculoskeletal crease of $817 million for the Child Care trusted with their care. disorders. Each year more than 600,000 and Development Block Grant, bring- Yet, while I recommend the overall workers suffer serious injuries, such as ing total funding for this program to $2 increase in education funding, I am back injuries, carpal tunnel syndrome billion and allowing an additional concerned about the elimination of and tendinitis as a result of ergonomic 220,000 children to be served. In my funds for critical programs. For in- hazards. The proposed ergonomics rule opinion, this new investment in child stance, the bill ends the bipartisan promulgated by OSHA can go a long care represents a significant victory commitment to reduce class size that way toward keeping our workers pro- for American families and it is my sin- has now been funded for two years. S. ductive and our businesses profitable. I cere hope that this provision is re- 2553 transfers the class size funds to hope that common sense will prevail in tained in conference. I am also pleased Title VI, which eliminates any guar- conference, and that this and other that this legislation provides $4.9 bil- antee that the funds will be used for counter-productive measures will be lion for the Head Start program, as the this purpose, greatly diluting targeting remedied. President had requested. This funding to high poverty schools, and severely Mr. ABRAHAM. Mr. President, dur- represents a funding increase of $1 bil- weakening accountability for how ing the debate on the Labor-Health & lion over FY 2000. money is spent. I am also concerned Human Services-Education appropria- I also commend Senators SPECTER that this bill fails to guarantee funds tions bill for Fiscal Year 2001, Senator and HARKIN for providing a $2.7 billion for the critical area of school mod- DASCHLE offered an amendment relat- increase for the National Institutes of ernization. Instead, it increases the ing to genetic testing and the potential Health, the largest increase in history. Title VI program by $1.3 billion, adding for genetics-based discrimination in This increase, coupled with a $2 billion renovation and construction of school the workplace. increase last year, put Congress on the facilities as an allowable use of funds. I was thrilled at the recent an- path toward the goal of doubling our I am pleased that the bill acknowl- nouncement of the completion of the nation’s investment in the search for edges the need for federal assistance in human genetic map, and with it, the medical breakthroughs over the next helping states and schools with their possibility of the full identification of five years. school modernization needs; however, the more than three billion nucleotide I also applaud the Appropriations this block grant approach fails to guar- bases that comprise the genome. This Committee’s bipartisan education antee that funds will be used for school knowledge will bring with it limitless funding increase of $4.6 billion, includ- modernization, and fails to target possibilities, vastly improving our ing a record $1.3 billion increase for funds to schools with the greatest quality of life and health. special education, as well as increases needs. I also believe this bill does not Yet with this knowledge comes great for Title I grants to schools, teacher go far enough to fund Title I—an im- responsibility. For all the good this in- technology training, Impact Aid, Read- portant program that provides supple- formation can do for us, there is also ing Excellence, vocational education, mental programs to enable education- the potential of great harm and mis- school counseling, Pell grants, and ally disadvantaged children. This bill use. One of the challenges that faces us other student financial aid programs. would only increase last year’s $8 bil- even now, is to ensure that genetic in- Mr. President, I am particularly lion appropriation by $400 million. It is formation about an individual is not pleased that this legislation includes estimated that it would take $24 billion used against him or herself. an initiative I worked to advance last to fully fund this program. Despite my strong conviction that year that will serve to protect individ- Another area of this bill that is of genetic information must never be used uals with mental illnesses from the in- some concern to me is the investment to discriminate against an individual, I appropriate use of seclusion and re- in after-school programs. The bill’s was unable to support the amendment straint. I first became aware of the funding level for 21st Century Commu- offered by Senator DASCHLE relating to problem surrounding the misuse of se- nity Learning Centers is $400 million genetic discrimination in the work- clusion and restraints in 1998 when the below the President’s request denying place. Hartford Courant published a five-part 1.6 million children access to before- Senator DASCHLE’s amendment is, in investigative series outlining the trag- and after-school programs in safe, reality, much more than simply a tech- ic practice. This series documented 142 drug-free environments. I am dis- nical amendment to an appropriations deaths over the last decade nationally appointed that my amendment to in- bill. It is a 5-page, far-reaching, broad- that were determined to be directly at- crease spending on this crucial area to ly written, piece of legislation, which tributable to the inappropriate use of $1 billion was not adopted. It is time would create an entirely new class of restraint and seclusion. Additionally, our funding reflects the importance discrimination law, creating inequal- the Harvard Center for Risk Analysis that parents place on this national pri- ities and conflicting with existing law. estimates that between 50 and 150 re- ority. With 5 million children home This legislation would usurp the ju- straint-related deaths occur each year alone each week, after-school programs risdiction of the Equal Employment nationally, with more than 26 percent must not be an afterthought. Opportunity Commission and allow ge- of those deaths occurring in children. I am also very troubled that this leg- netic discrimination suits to go di- This initiative will ensure that phys- islation now includes a patients bill of rectly to the court system. This is ical restraints are no longer used for rights proposal that offers only the il- highly unusual for discrimination suits

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13337 and would afford this form of discrimi- exist in these districts. Some of the tention of the 1994 act should be real- nation preferential treatment over any schools in these districts have a pov- ized, and I will continue to pursue this other form of discrimination. erty rate, when calculated based on goal. In addition, this bill comes into di- school lunch data, at over 70 percent. I I do not believe that the Senate rect conflict with the Americans with am pleased that the subcommittee has should authorize on an appropriations Disabilities Act, ADA. The ADA al- accepted the recommendation to hold measure, which is why I did not offer ready captures genetic discrimina- these districts harmless. my amendment during consideration of tion—this has been affirmed by the I intend to vote in favor of the Labor- this bill. However, I join with many of Secretary of the EEOC and the Su- HHS-Education Appropriations bill, my colleagues who have expressed con- preme Court. If we pass a separate bill but I would be remiss if I did not take cerns over the possibility that, for the that preempts the protections already this opportunity to note, once again, first time in nearly 30 years, the Con- provided for in the ADA, we could po- that a crucial provision in the Title I gress will fail to reauthorize vital ele- tentially be undermining our support formula remains unfunded. The Edu- mentary and secondary education pro- for the people covered by those protec- cation Finance Incentive Grant Pro- grams. I sincerely hope that those who tions. Just to highlight the possible in- gram was authorized in the 1994 Ele- have obstructed enactment of S. 2 will equalities—the Daschle amendment mentary and Secondary Education Act reconsider their position and allow the would give a genetic marker greater and is included in S. 2, the ESEA reau- bill to go forward.∑ protection than a paraplegic. thorization, currently pending before The PRESIDING OFFICER. Under Given the drastic and over-reaching the Congress. the previous order, the Senator from changes which would be brought about I recently detailed the merits of this New Mexico is recognized to speak as if by the Daschle amendment, especially program when I spoke about my inten- in morning business. in a new area such as genetic testing, tion to offer an amendment to S. 2 that The Senator from New Mexico. consideration of this legislation must would make EFIG a mandatory compo- f be deliberate and well-informed. nent of Title I. I will briefly review HAPPY FORESTS Yet, there has not been a single hear- those arguments here: ing on this legislation. In fact, the EFIG has, as a principal component, Mr. DOMENICI. Mr. President, I amendment language was not available an equity factor, which measures how want to speak for a few minutes about for review until only an hour or so be- states distribute resources among a pending national disaster. fore the vote. I believe it would be school districts. As policy, equalizing Mr. President, I want to discuss wrong and even negligent to pass legis- resources among school districts has something that is unfortunately not lation without knowing exactly how it merit well documented in academic lit- part of this fire package. For over a would affect Americans’ lives, now and erature. month, I have been working intensely far into the future. Moreover, many States are being with other Members and the Clinton The Senate Health, Education, Labor compelled by the courts to equalize re- Administration trying to begin to ad- and Pensions Committee has already sources among school districts. Over 30 dress a serious problem that in the planned the first hearing on this mat- states have been taken to court on the West has been highlighted in stark ter in July. I am confident, that with basis of an unequal distribution of re- terms by the events that happened to careful deliberation and thorough de- sources. My amendment would provide the community of Los Alamos in my bate, we will succeed in finding the some relief to states that are currently state, as just one example. What hap- most effective and appropriate way to required by the courts to equalize re- pened to the homes and families of Los ensure that no one will have their ge- sources among school districts by in- Alamos is unfortunately going to hap- netic-information used against them. I creasing their share of Title I funds. pen again unless we, as a Congress, can am looking forward to the challenge. My amendment would also provide the convince the Clinton Administration to ∑ Mr. HATCH. Mr. President, today the incentive to equalize resources to join us in bold and deliberate actions. Senate passed H.R. 4577, the Labor- states which may not have already Throughout the United States there is HHS-Education Appropriations Act. I done so. an increasing amount of land in what would like to congratulate my col- The Education Finance Incentive natural resource scientists and fire- leagues, Senator SPECTER, Senator Grant program would be the only part fighting experts call the ‘‘wildland/ STEVENS, and Senator HARKIN for of the Title I formula that does not use urban interface.’’ With more people working together to pass one of the the per-pupil expenditure as a proxy for moving into the West, and more homes more contentious of the annual appro- a state’s commitment to education. being built in communities surrounded priations bills. There are many ways to measure a by federal lands, neighborhoods like I appreciate the comity and courtesy State’s commitment to education—the those that burned in Los Alamos are displayed by the managers of this bill. per-pupil expenditure is merely one. In- becoming more numerous. I realize that most of my colleagues deed, one of the most damaging aspects At the same time, as a consequence have specific priorities they wish to of the Title I formula is that it is rep- of decades of fire suppression as well as highlight in this measure. I appreciate licated as a means to distribute Fed- years of increasing drought, many mil- the managers’ support of the Inhofe eral money to the states in other pro- lions of acres—by the General Account- amendment regarding the Impact Aid grams that have no relation to Title I. ing Office’s estimate, 39 million or program. As I have stated in the past, The insertion of another measure of a more acres—of national forests are at this is a vital program for Utah. state’s commitment to education is ap- high risk of wildfires. They are in this I also appreciate the fact that the propriate. situation because fuel loads have risen subcommittee has once again included When EFIG is a factor in the Title I to dangerous levels and forest manage- a provision which would allow school formula, more states do better than ment has been dramatically curtailed districts adversely affected by a recal- under current law. This was a key fac- at the same time. The escape of the culation of the census to keep their tor in the debate over the 1994 reau- prescribed fire in Bandelier National Title I concentration funds. thorization of the Elementary and Sec- Monument, and its subsequent effect According to Utahns who live and ondary Education Act and why it was on the town of Los Alamos make it work and educate our children in these the intent during the enactment of the clear, as Secretary Babbitt has already districts, this cut would do a huge dis- 1994 reauthorization that any addi- conceded, that in many places pre- service to Title I students in these dis- tional funds directed to Title I go out scribed fire is not a viable management tricts. These hardworking Utahns have through the EFIG. Indeed, it was the tool to reduce fuel loads. It is particu- informed me that they believe that the reason why a number of Senators voted larly risky to use in the wildland/urban census calculations do not adequately for the conference report. It is my interface because of the presence of reflect the pockets of poverty that strongly held conviction that the in- homes and families.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 13338 CONGRESSIONAL RECORD—SENATE June 30, 2000 Therefore, joined by others Members at their sole discretion, to do this work Well this is a tragedy. And it’s a on both sides of the aisle, I worked in a way that would provide jobs to tragedy that will be repeated as the over the last few weeks to provide the local people, opportunities to private, summer progresses. It is a tragedy that Administration with both the re- non-profit, or cooperating entities, will probably occur each week until the sources and the tools to begin an accel- such as youth conservation corps, and snow falls later this year. erated program of fuel reduction in opportunities for small and micro busi- I want to advise the Senate that wildland/urban interface areas for com- nesses. when you next look at footage of forest munities that are at risk throughout We must begin a serious dialogue fires on CNN, just remember that the the West. We suggested a number of throughout the West about the sever- Administration didn’t want to address proposals that the Administration ity of the problem that we face. In this problem because they were afraid found too hot to handle. For instance, order to accomplish this, we directed it might encourage logging. When you we asked whether the Council on Envi- the Secretaries by September 30 of this look at footage on CNN of burned out ronmental Quality would designate year to produce a list of all of the forests, dead and dying wildlife, and this an emergency situation and expe- urban/wildland interface communities, devastated watersheds, just remember dite NEPA compliance for hazard fuel within the vicinity of federal lands that the Administration didn’t want to reduction activities in the wildland/ that are at risk from wildfire. In that address this problem because they were urban interface. The Administration list, we asked the Secretaries to iden- afraid it might encourage logging. representatives said no. They felt that tify those communities where hazard When you see footage on CNN of this would be too controversial with reduction activities were already un- burned-out neighborhoods, destroyed national environmental special inter- derway, or could be commenced by the homes, devastated families and ruined est groups. They pleaded with us not to end of the calendar year. We further lives, just remember that the Adminis- pursue this option. asked the Secretaries to describe by tration didn’t want to prevent this We asked whether they could suspend May of next year, the roadblocks to be- problem because they were afraid that administrative appeals for these hazard ginning hazardous fuel reduction work by doing so they might encourage log- fuel reduction projects. That would in the remaining communities on the ging. And next winter, when you see eliminate one source of delay. Anyone list. the first CNN footage of dramatic flash It was our view that this would pro- who wanted to stop one of these floods in watersheds that were burned- vide an opportunity to commence a projects could still go directly to fed- over the previous summer, and you see very necessary dialogue: (1) among eral court. Here again, the Administra- homes buried in the mud, just remem- communities at risk, and (2) between tion said no. They urged us not to pro- ber that the Administration didn’t the affected communities and the fed- pose suspending appeals because it want to prevent that problem because eral land management agencies to gain would be met with opposition by na- they were afraid it might encourage some consensus on approaching this tional environmental special interest logging. problem. That was the intent of direct- And finally, when you’re forced to groups. ing the Secretaries to produce these We suggested the use of stewardship see it up close, when it affects a com- lists. contracts to do fuel reduction work. A It was also our hope that, as commu- munity in your state, when you’re not stewardship contract is one where the nities recognized the degree of risk, just watching it on TV, but actually government can trade the value of any they would match some of the federal meeting with the citizens of your state merchantable material removed contributions with their own money who have been burned out of their through a fuel reduction project and effort. This would get the work homes and their neighborhoods—just against the cost to the government of done even more quickly. tell them that the Administration the fuel reduction activity. This is an Regrettably, I must inform the Sen- didn’t want to prevent the problem authority that would be very useful, ate, including Members from western from occurring because they were but that the federal government pres- states who have communities at risk, afraid it might encourage too much ently lacks. Here again, the Adminis- and some burning now, that the Ad- logging. Just tell them that the Ad- tration felt that there was too much ministration rejected our proposal be- ministration didn’t want to prevent national environmental special inter- cause they thought that ‘‘it might en- the problem from occurring because est group opposition to stewardship courage logging.’’ Now remember we they were afraid of the national envi- contracting. They urged us not to pur- weren’t talking about wilderness areas. ronmental groups who claim to want to sue this option. And we weren’t talking about roadless save the environment. Maybe then the Throughout this discussion we told areas either. Nor were we talking Administration will realize that they the Administration that we would be about areas of special significance for should have been afraid of what would sensitive to their concerns, as long as ecological or wildlife values. We were happen if they did listen to the na- they would commit to us that they just talking about the federal lands ad- tional environmental special interest would not treat this crisis in a ‘‘busi- jacent to communities. We were talk- groups. ness as usual’’ fashion. We weren’t sim- ing about the woods next to subdivi- The publicly owned forests of Amer- ply going to give them more money sions. We were talking about places ica are not very happy today. I in- and say we had resolved the problem like the city of Los Alamos, or people tended to put on the supplemental bill when we know that isn’t true. burned out of the Lincoln National a provision that I was going to call Finally, Senator BINGAMAN and I Forest in New Mexico. We could have ‘‘happy forests.’’ That is a strange came to an agreement on the addi- easily have been talking about Santa name. But it is either happy forests or tional tools and resources that we Fe, New Mexico, or Bend, Oregon, or it is what we have today. What we have would provide the Administration Sedona, Arizona, or Missoula, Mon- today is a philosophy that seems to say while being sensitive to their concerns. tana. We could have been talking about to the forests of our land: Burn, baby, We wanted to increase fuel reduction neighborhoods in each of those cities, burn. That is the theme. activity by $240 million. In the course and many dozen more scattered The administration fears logging and of doing that, we were going to direct throughout the semi-arid, western it is frightened to death when anyone the Secretary of the Interior and Agri- states. suggests something that might sound culture to use all available contracting Even though we were talking about like ‘‘logging.’’ It is all right if they and hiring authorities under existing these kinds of areas, the Administra- keep their policy not to cut anything law to do this work. We were also going tion was much too concerned with of- going, but it is not all right where the to provide the Secretaries with author- fending environmental special interest forests of America come in contact ity which they now lack to do some of groups to move aggressively and effec- with communities. The interface be- this work using grants and cooperative tively to reduce fire risks because it tween communities, buildings, church- agreements. We asked the Secretaries, might involve encouraging logging. es, and the forests of America is just

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13339 crying out while waiting for a forest made a statement. They are frightened [From the Sante Fe New Mexican, June 28, fire that will devour communities and that watershed will burn down because 2000] burn down buildings. the area hasn’t been thinned and noth- EXPERTS URGE IMMEDIATE ACTION TO EASE I have a city in my state called Santa ing is being done to the forest land to FIRE THREAT IN WATERSHED Fe. Everybody knows of Santa Fe be- keep it from turning into a tinderbox. (Ben Neary) cause it is a great place to go. The I ask unanimous consent to have The federal government should act fast to try to avert catastrophic fire on the water- mayor recently has taken many people printed in the RECORD an editorial shed that provides nearly half of Santa Fe’s to see the forests around Santa Fe and from the Washington Post and an arti- the community. Santa Fe is frightened city’s water supply, a panel of experts re- cle from the Santa Fe New Mexican. ported on Tuesday. that their watershed is going to burn There being no objection, the mate- ‘‘We’ve got the fuels, we’ve got the topog- down. It is right up against the com- rial was ordered to be printed in the raphy and we’ve got the ignition sources. It’s munity and provides its water. That RECORD, as follows: just a matter of them coming together at the watershed will burn down while the same time,’’ Bill Armstrong of the Santa Fe U.S. Government sits in its ivory tower [From the Washington Post, June 30, 2000] National Forest told a packed auditorium at and says don’t do a thing that might A DIRTY WATER RIDER the State Land Office on Tuesday night. look like logging, might smell like log- Armstrong escorted a panel of watershed Senior congressional Republicans slid a experts to inspect the 18,000-acre watershed ging. provision into the supplemental appropria- Tuesday. The group ten reported their Even on this bill that we have before tions bill late Wednesday night that would findings. the Senate, which provides emergency have the effect of blocking a major new ‘‘There’s nothing like a couple of large fire relief, the administration ended up clean water regulation. The notion was that clouds of smoke to make everyone scurry rejecting, after negotiating for weeks, the president would have to accept the provi- around,’’ Armstrong said. ‘‘I feel like a ro- language that would have helped thin sion, since the alternative would be to veto dent on amphetamines here.’’ forests to protect communities. This a long-delayed bill that he badly wants. The Armstrong had just finished preparing an was a small, but very necessary, pro- supplemental request, which he sent to Con- environmental study calling for thinning the gress last winter, includes the administra- forest in the Jemez Mountains before the gram. Before we are finished this year, tion’s proposed aid to Colombia, support for catastrophic Cerro Grande fire burned the American people are going to have the military operation in Kosovo and a back- through the area last month and went on to such a fear about the forests burning log of domestic disaster relief, including help destroy hundreds of homes in Los Alamos. down they will support a policy across for victims of Hurricane Floyd, which oc- The Cerro Grande fire was followed closely this land of thinning these forests in curred a year ago. by the Viveash fire, which narrowly missed the interface with communities and But our sense is that, if the offending lan- burning the Gallinas River watershed, which buildings. guage can’t be removed—discussions were supplies the city of Las Vegas, N.M., with We had a fire that cost the Govern- continuing last night—the president should the bulk of its water supply. veto the bill. Let the onus for the delay in Those fires, with their huge smoke col- ment over $1 billion in Los Alamos, af- umns visible from Santa Fe, have sparked fecting our laboratory and the people these funds—for support of U.S. troops abroad, for people who have been waiting in both city and Forest Service officials to try that work there, because the Interior line for up to a year for disaster aid—be to step up action on a plan to reduce the dan- Department started a fire, a ‘‘con- placed where it belongs, at the doorstep of ger of fire destroying the Santa Fe water- trolled burn’’, on a national monument members of Congress who would hold the shed. right next to Los Alamos. They didn’t money hostage to a furtive cause. The presi- The Forest Service and the city are work- follow the right rules, didn’t have the dent can make that speech—and should. The ing together on a study of how thinning right weather; they did everything administration made a big thing last year of work should proceed. the clean water step it was taking, and it’s Actual thinning of trees probably couldn’t wrong. The little fire got to be a big start until next year at the earliest and like- fire and the U.S. Government burned the right step. In recent days, administra- tion negotiators have knocked four other ly will continue for five to 10 years, Arm- down 48,000 acres, put 400-plus families retrograde environmental riders out of the strong said. out of their homes by burning them to supplemental bill, having to do with hard- Thomas W. Swetnam, director of the Lab- the ground. The Cerro Grande fire rock mining, timbering, reform of the Corps oratory of Tree-Ring Research at the Univer- burned almost $200 million worth of of Engineers and the opening of a wildlife sity of Arizona, was among those who toured Los Alamos scientific buildings. We are refuge to development. Four for four is nifty. the watershed. Make it five. Studies of three rings over the past 400 lucky that the whole community didn’t years or so show that fires of low intensity burn to the ground. The regulation in question involves some- used to burn every 10 years or so. With Sooner or later, we are going to have thing called total maximum daily loads, or flames only a few feet high, such fires burned to get serious and pass the kind of leg- TMDLs. The Clean Water Act has mainly away the grass and underbrush without islation which would have been on this been enforced over the years through a per- harming the large trees. mit system that has reduced pollution from bill. The administration called it a In the 20th century, however, Swetnam particular major sources—factories, sewage said, a new pattern emerged. Heavy grazing rider. The distinguished newspaper, the treatment plants, etc. The permitting effort Washington Post, today argues against by domesticated animals reduced the grass has been a success, but many bodies of water cover in the forests so low-intensity fires no riders on this pending bill. They said in the country are still dirty—too dirty to longer were common. one of riders removed encouraged fish or swim in, for example. They either The Santa Fe watershed probably hasn’t ‘‘timbering.’’ I ask the editors to read have too many sources of pollution nearby or burned in the past 150 to 200 years, Swetnam the language. It did not encourage tim- are afflicted by generalized urban and agri- said. Such lack of fire has led to unnaturally bering. It said thin the dangerous for- cultural runoff, which up to now the govern- heavy buildup of dead trees and other mate- ment has done little to regulate and which is rial in the forest. ests where communities are at risk, said to account for the majority of remain- and it provided great limitations. It en- When such an overgrown forest burns— ing pollution. such as in the Cerro Grande fire—the huge courages the use of locals in rural com- Where bodies of water are still too dirty, flames travel through the tops of the trees, munities, and give jobs to their young states would be instructed to determine the killing them and leaving the landscape people, to clean out the forests in the maximum daily loads they can tolerate and denuded. summer. develop plans to ratchet down pollution ac- ‘‘The Santa Fe watershed may not burn up This committee of appropriations is cordingly. The process would be gradual, and tomorrow, or next year or the next five years willing to get it the program started. indeed, until recently, some environmental or so,’’ Swetnam said. ‘‘But the Santa Fe wa- This administration said we will veto groups were fighting the proposed regulation tershed is one of the places on the landscape this whole bill, even as far as defense of on grounds it was too weak. Democrats on of the Southwest where there is a fairly high the Senate Environment and Public Works urgency.’’ our Nation goes, if you put something Committee sent a letter to Senate leaders of Daniel Neary, a soil scientist with the U.S. in that changes the way we are doing both parties yesterday, protesting the late- Forest Service, said catastrophic fire results things on federal land. night insertion of the rider and urging in- in soil that for the first year or so won’t ab- A panel of experts recently visited stead an open debate ‘‘in clear public view.’’ sorb water. This causes heavy runoff and ero- the watershed of Santa Fe, NM. They That’s just what ought to happen. sion—both of which would likely hurt the

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 13340 CONGRESSIONAL RECORD—SENATE June 30, 2000 city’s water supply and possibly threaten ests in the United States are in jeop- year on this subject to try to force this flooding downstream. ardy of either dying or burning unless administration to recognize their re- Mark Dubois, an assistant professor of For- they are quickly treated. We have less sponsibility in protecting these na- estry and Wildlife Sciences at Auburn Uni- than 20 years to accomplish this treat- tional forests and, in doing so, to pro- versity, said conditions in the Santa Fe wa- tershed are such that it will take a combined ment. It is not only the risk of cata- tect the private property owners near- approach of carefully controlled burns, strophic forest fires, including the dan- by. thinning and other means to try to reduce ger to communities around which these Mr. DOMENICI. Mr. President, I the fire danger. forests are located, but also the pros- want to have printed in the RECORD the ‘‘The central observation I walked away pect that they will die of disease or statutory language Senator BINGAMAN with today is there is not one-size-fits-all,’’ malnutrition because they are so and I worked on that we wanted to in- Dubois said of the watershed. crowded together that they are com- corporate here to get started, which Regis Cassidy of the Sante Fe National Forest said there would probably be enough peting for the nutrients and the water language was denied by threat of the work in thinning the watershed to keep con- which, at least in the Southwest, are so veto. I am not suggesting Senator tractors employed for five to 10 years. He scarce. BINGAMAN agrees with every statement said there are perhaps 600 acres where trees In the area of Arizona where there I made on the floor, but one can read could be easily cut, another 2,000 acres where has been research into this—now at the proposed legislation and see that it extremely steep terrain would make work least half a dozen years of experience— is very reasonable. difficult and perhaps another 4,500 acres we find that when the areas are I ask unanimous consent that be where the terrain is too steep to cut at all. thinned and then prescribed burning is printed in the RECORD. Some local environmental groups have said they intend to fight the Forest Service introduced, you don’t get the cata- There being no objection, the mate- plan to thin the watershed, saying they be- strophic fire. You do get much better rial was ordered to be printed in the lieve the plan amounts to an inappropriate tree growth, more pitch content, so RECORD, as follows: plan to log in sensitive areas along the river. that they are not subject to the beetle Fuels Reduction No representative from such groups spoke at infestation, for example, and higher At the appropriate place, insert the fol- Tuesday’s meeting, although officials said protein content so the grasses can grow lowing new section: they had been invited. on the floor. This brings in more mam- SEC. . PROTECTING COMMUNITIES FROM RISK Mr. CRAIG. Will the Senator yield? mals and birds into the area. And the OF WILDLAND FIRE. Mr. DOMENICI. I yield. forest returns to the park-like condi- (a) In expending the emergency funds pro- Mr. CRAIG. I thank Senator DOMEN- tion that existed at the turn of the cen- vided in any Act with respect to any fiscal ICI for spelling out so clearly the crisis tury. year for hazardous fuels reduction, the Sec- on the Nation’s public lands today. retary of the Interior and the Secretary of There have been a lot of bad policies Agriculture may hereafter conduct fuel re- Yesterday, I held a hearing and I had since then, and a century of activity duction treatments on Federal lands using two regional foresters: A regional for- which resulted in the destruction of all contracting and hiring authorities avail- ester that largely is in charge of all the the national forests of this country. able to the Secretaries. Notwithstanding forests in Montana, Idaho, Oregon, and The task is huge. We need to get Federal government procurement and con- Washington; the other forester in started. I will be supporting the efforts tracting laws, the Secretaries may conduct charge of all the forests along the Si- of the Senator from New Mexico and fuel reduction treatments on Federal lands erra Nevada in California. They admit- others in trying to ensure that we can using grants and cooperative agreements. ted yesterday that this President’s literally save our beautiful national Notwithstanding Federal government pro- curement and contracting laws, in order to roadless policy is going to jeopardize 21 forests. provide employment and training opportuni- million acres of forested lands that are I thank the Senator. ties to people in rural communities, the Sec- now at high risk to catastrophic Mr. STEVENS. Will the Senator retaries may hereafter, at their sole discre- wildfires, the very thing the Senator is yield? tion, limit competition for any contracts, talking about. Yet this President’s pol- Mr. DOMENICI. I am happy to yield with respect to any fiscal year, including icy is to lock it up, walk away, and to the Senator. contracts for monitoring activities, to: hope it doesn’t burn. Mr. STEVENS. The Senator from (1) local private, non-profit, or cooperative We are talking, as the Senator so New Mexico is not only speaking about entities; (2) Youth Conservation Corps crews or re- clearly spelled out, about thinning and the forests, but people forget that the lated partnerships with state, local, and non- cleaning—not extensive logging—but forests contaminate the private lands profit youth groups; clearly changing the environment in a nearby. We warned the Forest Service (3) Small or micro-businesses; or way that fire would not be as destruc- about the beetle infestation in Alaska (4) other entities that will hire or train a tive as it has been at Los Alamos. and urged that the areas be sprayed significant percentage of local people to I cannot forget the picture on tele- and be thinned to prevent that from complete such contracts. vision, the DA Cat rolling along the spreading. I regret to tell the Senate (b) Prior to September 30, 2000, the Sec- fire line in the forests of New Mexico, just yesterday I had to have people retary of Agriculture and the Secretary of the Interior shall jointly publish in the Fed- rolling along the dirt, right down come and cut down two of our beautiful eral Register a list of all urban wildland through a riparian area. Why? To put spruce trees on the little lot I own be- interface communities, as defined by the out the fire. cause I and my neighbors, who are ad- Secretaries, within the vicinity of Federal Now, if the proper action had hap- jacent to the national forest, are to- lands that are at risk from wildfire. This list pened the way the Senator spelled it tally infested—the trees are totally in- shall include: out, that would never have occurred at vested by beetles. The beetles are kill- (1) an identification of communities Los Alamos, with 21 million acres now ing the trees. around which hazardous fuel reduction treat- at risk of catastrophic wildfires as a re- All of this could have been prevented. ments are ongoing; and (2) an identification of communities sult of this President’s policy. This is the same as wildfires. In fact, around which the Secretaries are preparing Mr. KYL. Mr. President, I, too, want beetle kill is worse than wildfires be- to begin treatments in calendar year 2000. to comment briefly on the comments cause it totally consumes the future, (c) Prior to May 1, 2001, the Secretary of of the Senator from New Mexico. We and it is very difficult to remove these Agriculture and the Secretary of the Interior will have a lot more to say about this trees. shall jointly publish in the Federal Register in the future because this is a national I commend the Senator. I hope he a list of all urban wildland interface commu- crisis. will reinitiate his proposal. He is cor- nities, as defined by the Secretaries, within For today, let me simply acknowl- rect. Because of the basic problem, all the vicinity of Federal lands and at risk from wildfire that are included in the list edge that what Senator DOMENICI and the editorial backlash that was built published pursuant to subsection (b) but that Senator CRAIG have said represents a up against his legislation, we were un- are not included in paragraphs (b)(1) and huge challenge to this Nation. Accord- able to include that in this bill. But I (b)(2), along with an identification of rea- ing to the GAO, 38 million acres of for- look forward to working with him this sons, not limited to lack of available funds,

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13341 why there are not treatments ongoing or rescinded so I may simply make a We are now working on a consent being prepared for these communities. statement as in morning business. that was outlined last night by the (d) Within 30 days after enactment of this The PRESIDING OFFICER. Is there chairman and ranking member. It is Act, the Secretary of Agriculture shall pub- objection? my hope that we could get an agree- lish in the Federal Register the Forest Serv- ice’s Cohesive Strategy for Protecting Peo- Mr. STEVENS. I object. ment on that time. If there is a prob- ple and Sustaining Resources in Fire-Adapt- The PRESIDING OFFICER. Objec- lem with it, we will continue to work ed Ecosystems, and an explanation of any tion is heard. to find an agreement where we can re- differences between the Cohesive Strategy The legislative clerk continued with move the nongermane amendments, and other related ongoing policymaking ac- the call of the roll. deal with the Defense amendments, and tivities including: proposed regulations re- Mr. MCCAIN. Mr. President, I ask complete that very important legisla- vising the National Forest System transpor- unanimous consent that the order for tion. tation policy; proposed roadless area protec- the quorum call be rescinded so that I So that is my request that I pro- tion regulations; the Interior Columbia Basin Draft Supplemental Environmental may speak as in morning business. pound at this time. Impact Statement; and the Sierra Nevada The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there Framework/Sierra Nevada Forest Plan Draft objection? objection? Environmental Impact Statement. The Sec- Mr. STEVENS. I object. Mr. REID. Reserving the right to ob- retary shall also provide 30 days for public The PRESIDING OFFICER. Objec- ject. comment on the Cohesive Strategy and the tion is heard. The clerk will continue Mr. SHELBY. Reserving the right to accompanying explanation. to call the roll. object. Mr. DOMENICI. Mr. President, I say The legislative clerk continued with Mr. REID. Mr. President, I will have to my friends who have spoken to this, the call of the roll. to object until Senator BAUCUS arrives. there is a novel position in this legisla- Mr. LOTT. Mr. President, I ask unan- He is on his way. Hopefully, this mat- tion I think you will like. I am not imous consent that the order for the ter can be resolved very quickly. sure it was not what brought certain quorum call be rescinded. He has just walked in the Chamber. environmentalists to the White House, The PRESIDING OFFICER. Without Senator BAUCUS is here. He can speak along with some others. There are so objection, it is so ordered. for himself. So until Senator BAUCUS many people such as mayors and coun- f has a chance to—— cilmen in communities who ask us: Mr. LOTT. Others might seek to be CHINA NONPROLIFERATION ACT Look. Right over there are all these recognized on this on their reservation. dead trees, thousands of dead trees. Mr. LOTT. Mr. President, we have Mr. REID. I have my reservation. They say: Why do we leave them there talked a great deal about the need to Mr. DOMENICI. Reserving the right dead? The longer we leave them in that find a way to consider the China trade to object, might I ask the leader a position, they are going to turn more bill and also to consider the problem of question? and more into additional fodder for China nuclear weapons proliferation. Mr. LOTT. Certainly. fires. What good do we get out of dead Senator THOMPSON has done a lot of Mr. DOMENICI. I ask the majority trees, just sitting there? work in this area, as have others. He leader, you said something about a Actually, what we are going to say has a bill that he would like to have freestanding nonproliferation bill? when we finally get around to passing considered and has agreed for it to be Mr. LOTT. Yes. this is that the U.S. Government, considered freestanding, separate from Mr. DOMENICI. What is that? which owns that property has to, in the China PNTR legislation, and that Mr. LOTT. Mr. President, in answer writing, tell that community why they he would not feel a need—if I could to the question of the Senator from cannot thin that forest, and what is speak for him just momentarily—to New Mexico, this is legislation that has holding up action. It is going to be in- offer it as an amendment to the China been developed by Senator THOMPSON. teresting. This should become law be- bill, if we can get it considered free- It is the China Nonproliferation Act. cause, sooner or later, I am going to standing. Perhaps under the Senator’s reserva- ask the Senate to vote on it. We ask So we have worked through that. I tion, he would like to yield to Senator something that is very understandable have discussed this with a number of THOMPSON so he could give a brief re- and makes common sense. interested parties, including Senator sponse to that question. But you see, if you are holding fuel DASCHLE, and other members on both Mr. THOMPSON. Mr. President, if I reduction up for a year and a half for a sides of the aisle. might please respond to my colleague. NEPA statement on land that just has Mr. President, I ask unanimous con- Mr. DOMENICI. Please. dead trees on it, somebody is going to sent that on Monday, July 10, at a time The PRESIDING OFFICER. The Sen- say: Why don’t we hurry up? Why does to be determined by the majority lead- ator from Tennessee. it take so long? er, after consultation with the minor- Mr. THOMPSON. I say to Senator Getting that information is going to ity leader, that the Senate proceed to DOMENICI, this is a piece of legislation be part of this process of trying to get the consideration of Calendar No. 583, that is in response to the continuing action. We should be saying to our for- S. 2645, the China Nonproliferation Act. array of reports and information that ests and the communities abutting I further ask consent that the bill be we have concerning the continued pro- them: We want you to live together. limited to relevant amendments. I fi- liferation of weapons of mass destruc- We don’t want one to burn the other nally ask consent that not later than tion in which the Chinese are engaged. one out. And you cannot promise them 12:30 on Tuesday, July 11, the Senate As you know, we are in the process of that if you do not thin those forests. proceed to vote on passage of the bill, having an extensive national missile With that, I am finished, and I yield with no intervening action or debate. defense system debate in this country. the floor. Before the Chair rules, I would like Much of the reason for that need is Mr. STEVENS. Mr. President, I sug- to announce that it is my intention, as what the rogue nations are doing. gest the absence of a quorum in the ab- I have reiterated to the Armed Services Much of what the rogue nations are sence of a leader. He has asked for a Committee, that I will give them the being supplied with is coming from the quorum until he returns. I suggest the opportunity to consider and, hopefully, Chinese Government and Chinese gov- absence of a quorum. conclude the DOD authorization bill. In ernmental entities. The PRESIDING OFFICER. The fact, I am going to try to do a unani- What this bill does is provide for an clerk will call the roll. mous consent request on that next. We annual assessment. It is China specific. The legislative clerk proceeded to will try to get that Department of De- It is an annual assessment as to their call the roll. fense authorization bill done—a very level of proliferation activities. If any Mr. GRAMM. I ask unanimous con- important bill—before the August re- entities are engaged in those activities, sent the order for the quorum call be cess. there are certain responses in which

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 13342 CONGRESSIONAL RECORD—SENATE June 30, 2000 our country engages to cut off those national law. I think it would cause a want to work with the majority, with entities with regard to dual-use trade, tremendous strain in the context of the leader, to accommodate his desire munitions trade, access to our capital PNTR. to bring this bill to closure. We are just market. There is an array of things the My concern is that we are setting the about there. We are not quite there. I President has to choose from to re- schedule for July, albeit just a part of have been talking with one of my col- spond to that. July, that does not include probably leagues in regard to that particular re- Mr. DOMENICI. I say to the majority the most important vote that this Sen- quest. We are not there yet. Unfortu- leader, I have no objection. I withdraw ate is going to take up this Congress; nately, I will object. my reservation. that is, passage of PNTR. And until Mr. LOTT. Before the Senator ob- Mr. SHELBY addressed the Chair. there is a date set for PNTR, I must re- jects, in the spirit of cooperation that The PRESIDING OFFICER. The Sen- spectfully object. we are working under, I would like to ator from Alabama. The PRESIDING OFFICER. Objec- withdraw the request so we can keep Mr. SHELBY. Mr. President, I have a tion is heard. working and see if we can get this reservation that maybe the majority Mr. LOTT. Mr. President, we will agreed to today. leader can clarify, if he will yield for a continue to work with both sides of the Mr. DASCHLE. That would be pref- question. aisle to see if this matter can be dealt erable. Mr. LOTT. Mr. President, I would be with in an acceptable way, aside from The PRESIDING OFFICER. The re- glad to yield under the Senator’s res- it being offered as an amendment to quest is withdrawn. ervation and respond to the question. the China PNTR bill. I think that Mr. WARNER. Mr. President, this is Mr. SHELBY. Does this only relate would be potentially a large problem precisely what I and Senator LEVIN and to bringing up the THOMPSON bill and because if it were adopted, certainly Senator REID and others have been nothing else? then that legislation would have to go working on. On our side, as best I can Mr. LOTT. This unanimous consent back to the House, and there is a lot of assess, there is one remaining under- request only deals with the bill S. 2645, concern about that. standable discussion that must take As far as a time to consider the the China Nonproliferation Act. No place between Chairman ROTH of the major bill, the China PNTR, this is an other issue, no other bill is included in Finance Committee and the distin- important part of the process in a it. guished senior Senator from West Vir- move in that direction. And until we Mr. SHELBY. I have no objection. ginia, Mr. BYRD. I believe other indica- get this resolved, then it is going to be Mr. BAUCUS addressed the Chair. tions on our side have been fulfilled. I very hard to focus on exactly what The PRESIDING OFFICER. The Sen- have worked through the morning. I ator from Montana. date we could get a vote on the bill. I must also add that it is true we believe they are fulfilled. So if that one Mr. BAUCUS. I arrived on the floor a have a lot of important work to do in remaining issue can hopefully be re- little late. July. We have to deal with the very un- solved, we might be able to readdress What is the pending business? fair death penalty. We have to deal this today. The PRESIDING OFFICER. A unani- with eliminating the marriage penalty Mr. LOTT. Mr. President, it looks as mous consent request by the majority tax. We have to pass the agriculture if we are going to be here for quite leader is pending. appropriations bill. We have to pass the some time. I believe we will have an Mr. BAUCUS. Mr. President, reserv- Interior appropriations bill. We have to opportunity later on in the day to try ing the right to object, my concern is pass the Housing and Veterans Affairs again. We will certainly do our very that we are setting the July schedule, appropriations bill. We have to pass the best to get this agreed to. It is an im- albeit part of the July schedule, but Commerce-State-Justice appropria- portant issue. We will do everything we without inclusion of a date or time for tions bill. We have to pass the Treas- can to come up with a fair agreement. PNTR. I am very concerned that as we ury-Postal Service appropriations bill. Mr. BYRD. Mr. President, reserving start taking up matters in July—even We have a lot of work to do, and none the right to object, until some under- though it is the THOMPSON amend- of it is insignificant. standing is agreed to on the amend- ment—who knows what might inter- The people’s business needs to be ment to which Mr. WARNER has al- vene. You have reconciliation; you taken care of. This is just a part of luded, I will object. have appropriations bills, and whatnot. that process. But I understand the Sen- f Because we do not have a date certain ator’s objection. We will keep working on the request for PNTR, it could very MILITARY CONSTRUCTION APPRO- to see if we can find a time and a way easily slip into September or even a PRIATIONS ACT, 2001—CON- to do it. later date. FERENCE REPORT I know it is very much the intention f Mr. LOTT. Mr. President, if I could of the majority leader to bring up the DEPARTMENT OF DEFENSE turn to the military construction ap- PNTR in July. He has said that many AUTHORIZATION propriations conference report, that is times. And I very much appreciate Mr. LOTT. Mr. President, I now have a very good bill that passed way back that. But as I have said personally to a unanimous consent request that the in May, I think it was May 18. This im- the majority leader, I am not so cer- only first-degree amendments remain- portant military construction con- tain that, despite his best intentions, ing in order to the Department of De- ference report passed the Senate under he can totally control whether or not fense authorization bill, S. 2549, be lim- the leadership of Senator CONRAD PNTR actually does come up in July. ited to amendments that are relevant BURNS, but from the very beginning, it In addition, the merits of the bill to the provisions of the bill, and on the was a bill that did have some emer- that would otherwise be scheduled to finite list of amendments in order to gency provisions attached to it. We did come up after the July recess is very the bill; that these first-degree amend- have the funds for the costs, the money dangerous. I do not think Senators ments be subject to relevant second-de- that has been already spent for the de- have really had the time to look at the gree amendments; provided further fense for Kosovo, and some additional provisions of that bill, to think that the first-degree amendments must funds for costs associated with that. through the implications of that bill. It be filed at the desk by the close of busi- Over a period now of almost 6 weeks, has unilateral sanctions, mandatory— ness on Friday, June 30, 2000. there has been a process underway be- not discretionary—sanctions against The PRESIDING OFFICER. Is there tween the House and the Senate on China. It is very overdrawn. American objection? both sides of the aisle to get an agree- companies doing business in China The PRESIDING OFFICER (Mr. BEN- ment on this conference report that in- could be sanctioned. It has NETT). The Democratic leader. cluded a title II that had the emer- extraterritorial provisions which are Mr. DASCHLE. Mr. President, I will gency funds for the Kosovo situation, way beyond the ordinary rules of inter- just say, as I indicated last night, we for the Colombia drug war, and also for

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emergencies associated with Hurricane for debate, I would be glad to accom- Mr. MCCAIN. I ask the majority lead- Floyd, the fires, and other issues. modate that. er to yield to me for a comment. During the process of the conference, Finally, I ask unanimous consent The PRESIDING OFFICER. A unani- other issues were added. Some issues that if the motion to waive is agreed mous consent agreement is pending. Is that were in were taken out. That is to, the Senate proceed to an immediate the Senator from Arizona reserving the the way a conference works. I must vote on the conference report without right to object? confess that I didn’t get a look at the any intervening action, motion, or de- Mr. MCCAIN. Yes, I do. final product myself until this morn- bate. Mr. LOTT. I am glad to respond to a ing. I think we actually had access to The PRESIDING OFFICER. Is there question. it last night. We did get access to it. objection? Mr. MCCAIN. Mr. President, I say to Senators had an opportunity to review Mr. GRAMM. Mr. President, reserv- the majority leader, we are now doing that. If points of order need to be ing the right to object. what we usually do when a pork barrel made, they can be made. But this is for The PRESIDING OFFICER. The Sen- bill is before us; that is, that national military construction and for emer- ator from Texas. defense and national security are at gencies. We need to get this done. It is Mr. GRAMM. Mr. President, the con- risk; we will have to withdraw from already late. There are a lot of people, ference report before us, I am unhappy Kosovo; it will be the end of Western there are a lot of different reasons for to say, makes a mockery out of the civilization as we know it. We already how that happened, but here we are. As budget. In fact, if we adopt this con- have something from the Pentagon that says we will have to shut down majority leader, I have a responsibility ference report, I think there is no need unit training during the month of Sep- to try to bring it to a conclusion and that we should ever adopt another budget. tember, blah, blah, blah. take whatever time that requires. So even though in this bill we have, I will shortly ask unanimous consent This conference report violates every for example, under Kosovo and other that the military construction appro- tenet of the budget we adopted. This national security, Olympic Games sup- priations conference report come up. I conference report has two major phony port; and even though in the name of need to inform all Members that if the spending shifts where we shift pay- ‘‘emergency’’ we have a Coast Guard agreement is not agreed to or a similar ments from the fiscal year we are ap- acquisition of a $45 million Gulfstream propriating for backwards into year version to this that can—if we cannot for the Commandant of the Coast 2000 so that we can spend an additional come up with something that could be Guard—and I would be glad to pay for $4 billion in clear violation of the budg- entered into by the full Senate, then it his first-class airfare while he awaits et. I am sure you will hear Senator would be my intention to call up the that emergency, to help him ride out conference report and Senators MCCAIN STEVENS saying that the defense of the the emergency situation, even though and GRAMM will ask, as I understand it, Nation will be imperiled if we don’t we have $10 million for the Bering Sea that it be read. If that is done, it would pass this bill. Yet while we are pro- crab disaster, $10 million for a North- take some 6 hours, I am told by the viding money to defense through this east fishery, $7 million for a Hawaii staff, to read the conference report. I bill on an emergency basis, this bill fishery, and $5 million for an Alaska still hope we can avoid that. If there takes $2 billion out of defense and gives Sea Life Center. We have covered a are problems with the conference re- it to nondefense, a total violation of good part of those for senior members port, let’s talk about it. If points of the budget agreement that we struck. of the Appropriations Committee who order are going to be made, let’s do It is Friday. My wife is waiting at have a coastline. them. We will have time to understand the corner of First and C. But if we These are all done in the name of an exactly what is in the bill. look the other way on this bill, then emergency. I will ask unanimous con- I am sure we will hear from Senator there is no budget, and we are going to sent that we take up and pass without STEVENS and Senator BYRD and others totally lose control of spending. objection all of those, including this who are familiar with the details. That Mr. LOTT. Will the Senator yield? ‘‘dire emergency’’ concerning the is what it is all about. I realize it is Mr. GRAMM. I am happy to yield. Olympic Games support and what is Friday afternoon, but Members have Mr. LOTT. First of all, the greatest contained in the Kosovo and other na- been told for weeks that we would be in argument I have heard for bringing tional security portions of this bill—I session on this Friday and would be this to conclusion is the fact that the would agree to a unanimous consent having votes. Senator’s lovely wife is waiting for his agreement that it be taken up and This is an important vote. All we can presence to join him in other activi- passed, and that the rest of this bill, do is try to come up with a way that ties. I am genuinely concerned about which is incredibly full of unnecessary, we can have a good debate, but if there that. If we have to read this bill, I unwanted, unauthorized, unmitigated is objection to proceeding and insist- would like to urge the Senator to stay pork be debated. ence that it be read, then we will have here; I will go see Mrs. GRAMM. That is There are 47 points of order that can to do that. After that there could be a the corner of First and C Streets, I be- be lodged under this appropriations series of votes on points of order and lieve? I will meet her, and I will pro- bill. What do we want to do? We want hopefully on final passage. vide her with a very lovely lunch in the to take a $19 billion appropriations bill I want to outline the situation as it Senate dining room. and pass it by voice vote just because now stands. I ask unanimous consent Mr. GRAMM. I appreciate that. If my we want to go home for the Fourth of that the Senate now proceed to the wife were a liberal, I would really be July. conference report and it be considered nervous. I ask unanimous consent that we as having been read. I further ask When she figures out that I am here take the fiscal year 2000 appropriations unanimous consent that following 10 doing God’s work, she is going to figure title I on Kosovo and other national se- minutes for debate between the two that the time is better spent than with curity defense and pass it, and that we managers, and the chairman and rank- her. take up the rest of this bill for debate ing member, Senator GRAMM be recog- Mr. LOTT. Speaking of the Lord’s on points of order when we return after nized to raise a point of order. I further work, I suggest that the Lord’s work the recess. ask unanimous consent Senators STE- here would be to analyze this legisla- The PRESIDING OFFICER. There is VENS and BYRD be immediately recog- tion. Let’s engage in discussion; let’s a unanimous consent agreement pend- nized to make a motion to waive and, point out where there are problems, if ing. following 10 minutes equally divided on any. Let’s hear the other side. If nec- Mr. MCCAIN. At the appropriate par- the motion to waive, the Senate pro- essary, let’s vote. To spend 6 hours liamentary point, I will propound that ceed to a vote on that motion with or reading the bill is not going to advance request. without any intervening action or de- the cause. I am glad for the Senator to Mr. GRAMM. Mr. President, reserv- bate. By the way, if we need more time engage in this. ing the right to object, I will be brief.

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It is true that there is make a commitment that it doesn’t and basically understand that if they some money in the bill, and all of the pass today, I will make a commitment vote to override the points of order, items the Senator from Arizona men- that it passes by July 5. I believe we they could go home for a week. Where- tioned, but one, were in the Senate- have the capacity to do that. It is the as, if they sustain the point of order, passed bill. The Sea Life Center is the desire to have this bill passed and to they could end up being here for fur- only new one. It is a provision to pay a have the people of the armed services ther debate. So I urge my colleagues to rent for a Sea Life Center, which will know the Senate is behind the people allow us to agree that we will allow the close in August unless that can be in the armed services. It is still a mili- bill to come up, waive all of our rights done. It is a Sea Life Center that has tary construction bill, an emergency to have it read, and to delay it by other Federal money in it that opened it. If bill to replace money spent for the op- motions, have it come up the day we somebody doesn’t believe that is an eration and maintenance account. get back and we will have a debate. If emergency, the right thing is to allow It is a must-pass bill before July 5. we stay here and ruin everybody’s us to vote on it. I am perfectly pre- Mr. LOTT. Mr. President, I move week, we are going to harden hearts. pared to muster up 60 votes for that that the Senate turn to the conference When we get back to this bill—and it Sea Life Center. I am proud of that Sea report to accompany the military con- will not pass today. This bill is not Life Center. struction appropriations conference re- going to pass today. If we harden I say this to the Members of the Sen- port. hearts, we are going to come back here ate. There is not one amendment in Mr. GRAMM. Mr. President, I ask and spend a week when we might have this bill that was not presented by a that the bill be read. a chance to work some of these things Member who is here. I assume the The PRESIDING OFFICER. The out, basically, in a strong-worded de- Members are prepared to vote for the clerk will read. bate that will serve no interest. items they told us were emergencies. The Senator from Alaska. I urge my colleagues to let us step The Senator from Arizona is well Mr. STEVENS. Mr. President, I make aside, let the bill be brought up, waive known to be the watchdog of the Treas- a point of order that I don’t think the reading it, but have it be brought up on ury and I admire that. I believe we bill has to be read. The bill is available Monday when we come back so we have should get on with this business and to all Members of the Senate. an opportunity to legitimately make let’s test the votes. The PRESIDING OFFICER. The our case. If these were little trivial The Senator is right. If there are not point of order is not sustained. Mr. STEVENS. I appeal the ruling of matters, then I would look the other 60 votes to establish the emergency designation on this bill, it will be re- the Chair. way, swallow hard, and let it go. But The PRESIDING OFFICER. The turned to the Senate. But that is going these are not trivial matters. This is question is, Shall the ruling of the to be the same, whether it is now or 6 basically eliminating the entire budget Chair be upheld? hours from now. that we adopted. I think if we do that, Mr. GRAMM. Mr. President, I sug- I remember so well when one of my we are making a mockery out of the gest the absence of a quorum. former colleagues killed a bill, which whole process. I am not going to do it. The PRESIDING OFFICER. The we worked on for 7 years, in the last So I object. clerk will call the roll. The PRESIDING OFFICER. The ma- few minutes of a Congress by asking The legislative clerk proceeded to jority leader is recognized. that the bill be read. I have always call the roll. Mr. LOTT. I have two things. There thought that bills don’t have to be read Mr. STEVENS. Mr. President, I ask is one clarification I wish to make on if they are available to Members of the unanimous consent that the order for what Senator GRAMM said. If one of the Senate. That used to be the under- the quorum call be rescinded. points of order should be sustained, or standing, that they would be read if The PRESIDING OFFICER. Without if a major one was made and sustained, the bill was not physically on the objection, it is so ordered. we would not necessarily have to con- Members’ desks. I will be pleased to Mr. STEVENS. Mr. President, the tinue this. This bill then would go back put it on every Member’s desk now. It Senator from Texas has raised a ques- to the House when they return. They has been available since last night. But tion about the pay shifts that are as- would have to take it up and consider to have us now go into a reading of the sumed in this bill. it further. I realize there may be mul- bill—the Senator from Texas says his The PRESIDING OFFICER. The ap- tiple points of order. If one were sus- wife is waiting on the corner. My wife peal of the ruling of the Chair is not tained, there might be others. is already in Alaska. I am due there to- debatable. Look, I understand what Senator night. But the sad thing is that the last Mr. STEVENS. I withdraw my ap- GRAMM is saying. I certainly feel very plane I could take to make it left at 10 peal. strongly that our budget process o’clock. I am prepared to stay here all The PRESIDING OFFICER. The mo- should be protected and, if it is vio- week, if it is necessary. tion to proceed is not debatable. lated, there should be an opportunity I have put before the Members of the Mr. STEVENS. Mr. President, I ask to address those points of order. I have Senate—and I will ask unanimous con- unanimous consent that I be able to no problem with that. All I say is I sent to print this in the RECORD. It is make a statement at this point and think to read the bill doesn’t help any- not fake or a manufactured thing. We that the Senator from Texas be able to body’s cause. I think we would be bet- have been telling the Senate for days speak prior to taking action. ter off if we get into a discussion and and months that this money had been The PRESIDING OFFICER. Without talk about what is in the bill. taken from the operation and mainte- objection, it is so ordered. So, again, I am sympathetic with all nance account—the President’s action Mr. STEVENS. Mr. President, the sides concerned, and I would like to get employing troops in Kosovo. He has the Senator from Texas has asked that we out from the middle of the crossfire of right to do that under the act. And the remove from the bill the pay shifts the ammunition being employed here. money runs out. On July 5, this new which we assumed were available to At this point, since there is objection, order must go into effect that reduces our committee in order to increase the I have no—— the actions of our people during the pe- amount of budget authority and out- Mr. STEVENS. Reserving the right riod of maximum training in the sum- lays that would be used by our com- to object. mertime. It is not fake. I don’t know mittee. The Senator can name them

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and make sure we are naming them Military Construction Conference Re- While Senator BURNS will address the correctly. port for fiscal year 2001. military construction portion of the Mr. GRAMM. An SSI pay shift of $2.4 The Senate and the House went into bill, I want to highlight the defense billion; a VA compensation pay shift conference with very different rec- emergency needs addressed in this con- for $1.9 billion; and the third item is ommendations for projects and unfor- ference report. moving the defense firewall, which tunately, not enough money to go Once again, the President mortgaged would transfer $2 billion from defense around. the readiness of our Armed Forces by to nondefense. We have worked hard with our House committing troops abroad, without the Mr. STEVENS. Mr. President, at a colleagues to bring the Military Con- prior authorization and funding from later date I will explain in full what struction Conference to a successful Congress. that means. conclusion. If this bill did not pass this week, the But I make the commitment to the This agreement represents a tremen- Army faced a genuine calamity, as Senator from Texas that on the first dous amount of work and great deal of training, base operations and other available vehicle to the Appropriations cooperation between the House and critical functions would have ground to Committee we will rescind the action Senate. a halt. that is in this bill adjusting those pay Mr. President, the military construc- These funds, provided to sustain the shifts and taking them into account for tion portion of this bill has some Army through the remainder of this future use. They were mechanisms to points I want to highlight. fiscal year, will prevent any interrup- make available funds that would be We have sought to recommend a bal- tion or degradation of our Armed used in the 2001 bill, and we can and we anced bill that addresses key, military Forces. will have to make adjustments in other construction requirements for readi- In addition, the conferees, under the ways in the future. But these shifts ness, family housing, barracks, quality leadership of Representative JERRY have been objected to, and they will of life and funding for the reserve com- LEWIS, chairman of the House Defense not be used this year. I can’t say they ponents. Appropriations Subcommittee, re- won’t be available in another year. In the final conference agreement re- sponded to several vital defense needs. They will not be used in connection lating to military construction, we met The amendment, offered by the four with fiscal year 2001. our goals of protecting quality of life Members I named, provides a total of Mr. LOTT. Mr. President, I ask unan- and enhancing mission readiness $11.23 billion in emergency spending for imous consent that the reading of the throughout the Department of Defense. fiscal year 2000. conference report be dispensed with It provides a total of $8.8 billion in The amendment also makes several and that a vote occur on adoption of spending, an increase of $200 million technical changes, pursuant to the the conference report immediately. over the levels recommended by both budget resolution for fiscal year 2001 Mr. MCCAIN. Mr. President, I reserve the House and Senate, and an increase adopted earlier this year, concerning the right to object. of $800 million over the President’s changes to pay days, delayed obliga- The PRESIDING OFFICER. The Sen- budget request. tions, progress payments, prompt pay- ator from Arizona. It is my hope that we can move this ment, and other matters. Mr. MCCAIN. Mr. President, I thank bill forward very quickly and send it to In addition, the amendment permits the Senator from Alaska. the President. the Senate Appropriations Committee I obviously am disturbed about much Mr. STEVENS. Mr. President, late to allocate the full amount provided in that was put into this legislation. But Thursday, the conference concluded on the 302(a) allocation for discretionary I see a $6 billion savings here. So I H.R. 4425, the Fiscal Year 2001 Military spending in the budget resolution. This think it is a reasonable compromise. I Construction Appropriations Act. is the same amount now available to intend to put in the RECORD as well as When the appropriations committee the House Committee. on my web site and many other places in the Senate reported that bill, we in- The amendment also adjusts the some of the really egregious projects cluded a second division, Division B, Function 050 outlay firewall included that are in this bill. At the same time, that provided a series of emergency in the budget resolution to reflect the this significant savings I think is a supplemental appropriations for the actual outlay levels in the Function 050 very important move. Department of Defense, the Coast related bills reported by the House and I will not object. Guard, and other national defense re- Senate committees. The PRESIDING OFFICER. Without lated activities. I want to especially commend the objection, it is so ordered. The conferees on this bill, led by the Chairman of the House Military Con- The report will be stated. subcommittee chairman, Senator struction Subcommittee, Representa- The legislative clerk read as follows: BURNS, addressed both the underlying tive HOBSON, and the Chairman of the The committee of conference on the dis- military construction bill, and an ex- House Committee, BILL YOUNG, for agreeing votes of the two Houses on the panded range of emergency supple- their cooperation and leadership in pre- amendment of the Senate to the bill (H.R. mentary needs. senting this conference report to the 4425) ‘‘making appropriations for military Upon completing work on the mili- House and Senate. construction, family housing, and base re- tary construction portion, an amend- Critical funding shortfalls for fuel, alignment and closure for the Department of ment was offered by myself, Senator medical care, contract liabilities for Defense for the fiscal year ending September BYRD, the House committee chairman, Tricare, depot maintenance and intel- 30, 2001, and for other purposes,’’ having met, BILL YOUNG, and the House ranking ligence were addressed in the House after full and free conference, have agreed to recommend and do recommend to their re- Member, DAVID OBEY. passed version of the supplemental, and spective Houses as follows: The amendment addressed fiscal year included in this conference report. That the House recede from its disagree- 2000 funding needs for the Department Chairman LEWIS’ initiative ensured ment to the amendment of the Senate, and of Defense, the Coast Guard, wildfire that the readiness and quality of life agree to the same with an amendment and fighting, recovery from hurricanes for our military personnel will be truly the Senate agree to the same. Signed by all Floyd and Irene, the Cerro Grande fire enhanced by these initiatives, and pro- of the conferees on the part of both Houses. in New Mexico, Liheap, and Plain Co- vide the right starting point for our The PRESIDING OFFICER. The Sen- lombia. work on the conference for the FY 2001 ate will proceed to the consideration of At several critical points, the per- Defense Appropriations Bill when we the conference report sonal involvement of the Speaker on return from the July 4th recess. The conference report is printed in the House and the Majority Leader in A second important need met in this the RECORD of Thursday, June 29, 2000. the Senate were invaluable to breaking conference report is for Western wild- Mr. BURNS. Mr. President, I am through disagreements, and achieving fire fighting. As we meet here in Wash- pleased to bring before the Senate the completion of our work. ington, fires are burning in several

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 13346 CONGRESSIONAL RECORD—SENATE June 30, 2000 Western States, especially Washington be replenished immediately. The bill With the Byrd provision, we are also State and my own State of Alaska. also provides $600 million in Low In- making a commitment to the people of The $350 million provided in this con- come Home Energy Assistance grants, the United States that Congress will ference report will ensure the Bureau and more than $600 million is provided stand guard against this nation’s being of Land Management and the Forest to address the costs related to the dis- unwittingly drawn too deeply into Co- Service will be able to respond to any astrous fire at Los Alamos, New Mex- lombia’s internal problems. challenges we face during what prom- ico. Mr. President, this Administration ises to be a dry and hot summer—a One of the biggest pieces of the sup- has, in the past, registered strong op- truly dangerous situation. plemental package is $1.3 billion to position to the Byrd provision. I assure Last month, at the request of the fully fund the President’s request in the Senate that we have listened to the senior Senator from New Mexico, I support of Plan Colombia. The Presi- concerns expressed by the Administra- traveled to the Los Alamos National dent’s anti-drug initiative is an ambi- tion, and have addressed them. We dou- Laboratories during the terrible fire tious effort in support of Plan Colom- bled the cap on U.S. military personnel that afflicted that area. bia, a massive undertaking by the Co- to 500, as requested by the Pentagon, I saw firsthand the devastation to lombian government to fight the and tripled the allowable number of that community, and the federal facili- alarming rise of heroin and cocaine U.S. civilian contractors to 300. We ex- ties, caused by that fire. production and trafficking in Colom- empted funding for on-going counter- Senator DOMENICI has included in bia. narcotics programs covered in other this bill a comprehensive authorization The intent of the President’s aid appropriations bills, as requested by bill that provides a claims settlement package to Colombia is laudable; but the Administration. We addressed vir- mechanism for the families and busi- at this point, there remain more ques- tually every issue raised by the Admin- nesses who lost so much in that trag- tions than answers as to what the im- istration, and I hope that the President edy. pact of this assistance will be. Our ef- is ready to endorse this language. It is my opinion that the Administra- In addition, this conference report forts in the past have done little, if tion should welcome the spotlight that provides $661 million to initiate the anything, to deter Colombia’s drug this provision will shine on the level of claims settlement process and restora- lords. The production of cocaine and U.S. participation in Plan Colombia. tion of the federal facilities. These pro- heroin has skyrocketed. Some analysts The Administration should also wel- visions brought to the conference by are concerned that increased U.S. in- come the additional safeguards that Senator DOMENICI will start the long volvement in Colombia’s drug wars will this language provides to reduce the recovery process, reflecting the Fed- fuel an all-out civil war in a country possibility of unbridled mission creep eral Government’s liability for this dis- already ravaged by guerrilla warfare and unforeseen consequences. aster. and paramilitary abuses. There are some who have expressed In this conference report, there are For those reasons, I am pleased that concern that this language is too re- also several matters of great impor- this conference report preserves a pro- strictive, and that it will impose too tance to my State. I appreciate the vision that I originally added in the difficult a process to allow the United willingness of the conferees to consider Senate Appropriations Committee to States to continue its efforts to fight these items. place restrictions on future funding for drug production and drug trafficking in Finally, I want to again thank the U.S. assistance to Plan Colombia, and Colombia and throughout the region. I distinguished Ranking Member of our to limit the number of U.S. military believe the process should be restric- Committee, Senator BYRD, for his work personnel and U.S. civilian contractors tive. I do not believe that U.S. assist- to complete work on this bill. All the that can be deployed in Colombia to ance to Plan Colombia should be han- conferees met and worked in a spirit of support the counter-narcotics effort. dled on a business-as-usual basis. The bipartisan compromise, which is re- The Byrd provision requires the Ad- political situation in Colombia is too flected in the conference report before ministration to seek and receive con- unstable, and the risks to American the Senate. gressional authorization before spend- citizens involved in the counter-nar- I urge the Senate to adopt this con- ing any money on U.S. support for Plan cotics campaign are too high. ference report today, so that it can go Colombia beyond the funding con- That said, my provision is not in- immediately to the President. tained in this supplemental package tended to slam the door on future Mr. BYRD. Mr. President, the Senate and other relevant funding bills. The counter-narcotics assistance to Colom- will soon take up the FY 2001 Military President’s request for Plan Colombia bia or to other countries in the region, Construction Conference Report. In ad- is fully funded. This provision simply if such assistance is needed and war- dition to meeting the military con- ensures that, if additional funding is ranted. The war on drugs must be struction needs of the nation, Divisions requested to prolong or expand U.S. in- waged aggressively, both at home and B & C contain emergency supplemental volvement in Colombia’s anti-drug abroad. At this point, the President appropriations for FY 2000 totaling campaign, Congress will have the op- has requested a specific level of fund- some $11.2 billion. portunity to review and evaluate the ing, $1.3 billion, to finance a specific The supplemental portion of the bill entire program before green-lighting program. Congress is providing that funds a broad array of urgently needed more money. funding in this appropriations measure. programs. More than $6 billion is pro- The goal of my provision is to pre- If this President, or a future President, vided for the emergency needs of the vent an incremental and possibly unin- seeks more money, or seeks to broaden military. Of that amount, some $2 bil- tended escalation of U.S. involvement or prolong U.S. involvement in Plan lion is to cover the cost of our peace- in Colombia’s war on drugs to the point Colombia, we merely ask him to keeping operations in Kosovo; $1.6 bil- that the United States, over time, finds present that request to Congress, and lion is to recover increased fuel costs itself entangled beyond extraction in to give Congress the opportunity to re- to the military; and $1.3 billion is for the internal politics of Colombia. We view, assess, and authorize the entire health benefits for the military. For cannot ignore the fact that Colombia is program. What we do not want to see is the victims of natural disasters, par- embroiled in a civil war, and that U.S. assistance to Plan Colombia quiet- ticularly those who suffered the rav- narco-guerrillas, who are better- ly ramped up through regular or sup- ages of Hurricane Floyd, some $300 mil- trained, better-financed, and better- plemental funding bills until we sud- lion is provided. And, $350 million is equipped than the Colombian army, denly reach the point of having thou- provided in emergency funds to replen- control much of the country. The gov- sands of U.S. citizens deployed to Co- ish the fire management accounts of ernment of Colombia is fighting a just, lombia, and billions of U.S. tax dollars the Department of the Interior and but uphill battle. The United States, in invested in Colombia’s drug war, and U.S. Forest Service. Those firefighting this funding package, is making a no way to extricate the United States accounts are totally depleted and must major commitment to help Colombia. from Colombia.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13347 Mr. President, Congress has a respon- by the Public Force. Such crimes con- tion of military collaboration with sibility to exercise oversight over pro- stitute a serious violation of human paramilitary groups in a civilian mas- grams such as U.S. participation in rights and transgress the duties of sacre that occurred in the town of San Plan Colombia. This provision ensures armed services. Consequently, the Con- Jose de Apartado on February 19, the that we will have the opportunity to stitutional Court decided that such Commander of the 17th Brigade filed exercise that oversight, and to make crimes be heard by the Ordinary Crimi- suit against the non-governmental or- an informed and deliberate decision on nal Courts.’’ ganization that made these allegations, future funding for Plan Colombia. It is Unfortunately, the Colombian Armed charging that it had ‘‘impugned’’ the a wise precaution to include in a pack- Forces have grossly misrepresented honor of the military. age that will underwrite a costly, com- their record of compliance with this The human rights conditions con- plicated, and unprecedented assault on Constitutional Court ruling. They have tained in the bill reflect the Colombian a dangerous and determined enemy. claimed that 576 human rights cases in- Government’s laws and policies and un- Mr. KENNEDY. Mr. President, the volving Armed Forces personnel were derscore the importance of human bill before us provides over $1 billion in transferred to civilian courts when, in rights as a fundamental principle of assistance to Colombia and represents fact, only 39 cases of human rights vio- U.S. foreign policy. Compliance with a major increase in our political and fi- lations were transferred—and those these conditions is essential if we are nancial commitment to the Colombian cases involved low level officials. to ensure that U.S. military aid does Government and the Colombian Armed The human rights conditions con- not contribute to human rights abuses Forces. tained in the bill also require the Co- in Colombia. Many of us have been deeply con- lombian Government to prosecute in I am disappointed that the con- cerned about the potential impact of the civilian courts the leaders and ference agreement permits the Presi- this substantial increase in U.S. mili- members of paramilitary groups and dent to waive the conditions in the in- tary assistance on human rights in Co- armed forces personnel who aid or abet terest of national security. However, lombia. We have worked with the Sen- them. This provision is also fully con- the inclusion of this waiver authority ate Foreign Operations Appropriations sistent with the stated policies of the does not exempt the Administration Subcommittee to include human rights Colombian Government. In its publica- from responsibility for seeking the Co- conditions on the aid. I commend Sen- tion entitled ‘‘Human Rights and Inter- lombian Government’s compliance ators MCCONNELL and LEAHY for their national Humanitarian Law Policies,’’ with these human rights conditions. leadership on this issue and for pre- the Colombian Ministry of National Nor is the waiver an excuse for the Co- serving the human rights conditions in Defense stated that illegal self-defense lombian Government not to address the final version of the bill. The condi- groups ‘‘are one of the main offenders the continuing human rights problems tions are fully consistent with the laws of human rights and international hu- in Colombia. I look forward to the good and stated policies of the Colombian manitarian law.’’ In its publication en- faith application of these important Government. They are also vital to en- titled ‘‘Public Force and Human Rights human rights provisions in the imple- suring that U.S. military aid does not in Colombia,’’ the Ministry further mentation of this legislation. contribute to human rights abuses in stated that the Public Force confronts Mr. DEWINE. Mr. President, I rise Colombia. We look forward to working and combats guerrilla and illegal self- today to commend my colleagues on with the Administration to achieve the defense groups ‘‘with the same rigor.’’ the Appropriations Committee who Colombian Government’s compliance President Pastrana’s ‘‘Plan Colombia’’ have worked with me, the Senator with them. is quite clear on this issue, stating that from Georgia, Senator COVERDELL; the The first condition requires that ‘‘the Government will not tolerate ties Senator from Florida, Senator armed forces personnel alleged to have of any kind between any member of the GRAHAM; the Senator from Iowa, Sen- committed gross violations of human military forces or the police and any il- ator GRASSLEY; and so many others on rights be suspended from duty and legal armed group or force.’’ the emergency supplemental provisions brought to justice in the civilian Regrettably, the State Department, contained in the Conference Report to courts, in accordance with the 1997 rul- the United Nations, and human rights the Fiscal Year 2001 Military Construc- ing of Colombia’s Constitutional Court. groups have documented continuing tion Appropriations bill. I am espe- The Colombian Ministry of National links between the Colombian Armed cially pleased that the Conference Re- Defense has stated that, ‘‘the Com- Forces and paramilitary groups. The port contains essential funds to begin mander General of the Military Forces State Department Human Rights Re- correcting resource and funding short- will separate from active service, by port for 1999 stated that the Armed falls in the U.S. Coast Guard, and vital discretionary decision, members of the Forces and National Police sometimes assistance needed to reverse the dete- various Military Forces for inefficiency ‘‘tacitly tolerated’’ or ‘‘aided and abet- riorating situation in Colombia—a sit- or for unsatisfactory performance in ted’’ the activities of paramilitary uation I would like to discuss in just a the fight against illegal armed groups. According to the report, ‘‘in few minutes. groups.’’ Unfortunately, this policy has some instances, individual members of First, though, let me say a few words not been implemented, and there is no the security forces actively collabo- about the Coast Guard’s current—and automatic process for suspending a rated with members of paramilitary precarious—budget situation and how member of the Colombian Armed groups by passing them through road- this Conference Report will help keep Forces alleged to have violated human blocks, sharing intelligence, and pro- it afloat—at least for the remainder of rights. viding them with ammunition. Para- this fiscal year. The reality is that our The Colombian Ministry of National military forces find a ready support Coast Guard has been forced to cut Defense has expressed its support for base within the military and police.’’ back on its current services this year the 1997 ruling of the Constitutional The report also concluded that ‘‘secu- and could be forced to cut back even Court. In its March 2000 publication en- rity forces regularly failed to confront more next year. These reductions make titled ‘‘Public Force and Human Rights paramilitary groups.’’ Human Rights it far more difficult for the Coast in Colombia,’’ the Colombian Ministry Watch has documented links between Guard to meet its many missions. They of National Defense stated that, ‘‘Co- military and paramilitary groups, not put at risk the sustainability of valu- lombia has taken very important steps only in isolated, rural areas but in Co- able fish stocks in the North Atlantic in limiting the jurisdiction of the mili- lombia’s principal cities, and these and Pacific Northwest. They reduce the tary justice system. In effect, in 1997 links involve half of Colombia’s 18 bri- Coast Guard’s capability to stem the the Constitutional Court concluded gade-level units. flow of illicit drugs and illegal immi- that crimes against humanity do not The Colombian Armed Forces have gration into the United States. And fall under its jurisdiction because it resisted investigating these links. In- they can work against the Coast does not relate to the service provided stead of investigating a credible allega- Guard’s ability to respond quickly to

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 13348 CONGRESSIONAL RECORD—SENATE June 30, 2000 search and rescue situations, which ducted search and rescue missions and time—and this is just to sustain daily often in fishing grounds and high traf- delivered drinking water and critical operations. This doesn’t even take into fic migrant areas. supplies to citizens along the Eastern account the rapidly rising fuel costs, As early as last February, the Coast seaboard. And, following the dramatic which are exacerbating problems this Guard began reducing its operating floods in North Carolina that resulted fiscal year. hours in the air and at sea. In some from the hurricane, Coast Guard heli- At the same time, the Coast Guard parts of the country, operating hours copters came in right behind the storm has to invest in its future. When com- have been reduced as much as 20 to 30 and pulled stranded survivors from pared to 41 other maritime agencies percent. rooftops and trees surrounded by the around the world, the ships that make Fortunately, Mr. President, the Con- swollen rivers. up our Coast Guard fleet of cutters are ference Report we passed today will The Coast Guard’s rescue and re- the 38th oldest. Over the past four carry the Coast Guard through the cur- sponse missions are often front page years, the Coast Guard has had to rent fiscal year. In total, more than news, but often the untold stories are spend twice as much money to fix $700 million is provided to help restore the emergencies prevented by the equipment and hull problems. This is the Coast Guard’s aircraft and vessel Coast Guard. Few people realize that not surprising because the older the spare parts supply; cover the cost of before any cruise ship ever touches the equipment becomes, the harder it is to rising fuel prices; pay for rising health ocean, Coast Guard ship inspectors maintain. As the need for equipment care costs and quality of life improve- from its Marine Safety Offices inspect maintenance increases, so too does the ments for Coast Guard personnel; and each ship to ensure they are built not cost of operations. This is a problem increase by six its fleet of C–130 air- just for beauty and recreation, but for that is not the result of mismanage- craft—assets critical to the Coast safety as well. That’s good news for the ment, but from insufficient funding. Guard’s counter-drug and search and approximately seven million Ameri- And that fact is reflected by this Con- rescue capabilities. cans who embark on cruise ships every gress having to use emergency supple- Additionally, the Conference Report year. In fact, the Coast Guard doesn’t mental funding for the Coast Guard includes funding for the replacement of just inspect cruise ships—the Coast two straight years just to sustain nor- the Great Lakes Ice Breaking vessel— Guard inspects all commercial ships, mal operations. I think you would the Mackinaw. As my colleagues from including cargo ships and tankers. agree, Mr. President, that this kind of the Great Lakes region know, this re- Of course, I have spoken on the Sen- stop-gap funding process is not the best placement vessel is invaluable to avoid ate floor on several occasions to high- way to keep an organization running— disruption of winter-time commerce on light the Coast Guard’s extraordinary particularly one of such vital impor- the Great Lakes. contributions to keep illegal drugs tance to our nation. This legislation is a step in the right from ever reaching our shores. The I urge the conferees to the Transpor- direction, but it is only a step. Our scourge of drugs is the primary secu- tation Appropriations bill, in both the Coast Guard still remains seriously un- rity threat within this hemisphere. It House and Senate, to keep these facts derfunded. We must still address the is a cancer that destroys civil institu- in mind as they proceed to conference. overall funding problems facing the tions and erodes the sovereignty of na- Again, the bill we have passed today is Coast Guard, which is the task that tions in the Caribbean and South and a good first step, but it is only that— awaits the conferees to the Transpor- Central America. a step. tation Appropriations bill. Unless we That is why a number of us here in Today, the United States Congress address this funding crisis, our Coast the Senate and the House worked to took a very important and necessary Guard will be in the exact same boat— provide additional funding in 1998 for step toward bringing stability to coun- no pun intended—year after year. Ulti- the Coast Guard’s counter-drug efforts, tries in our hemisphere, and commu- mately, unless we put the Coast Guard and that investment has paid off. The nities in our own country that are under a far more sound financial foot- following year, the Coast Guard seized caught in the death grip of drug traf- ing, we risk compromising the entire 57 tons of cocaine with a street value of ficking. Coast Guard apparatus, its routine and $4 billion—that’s more than the total Today, we are sending to the Presi- emergency operations, training and operating cost of the Coast Guard. dent more than just an assistance maintenance functions, and even its The Coast Guard’s law enforcement package to Colombia—we are sending a safety and commercial missions along skills extends as far as the Middle blueprint of a partnership with Colom- our coasts and Great Lakes. East, where Coast Guard cutters and bia and other countries in the hemi- Not long ago, the Senate approved a tactical law enforcement teams enforce sphere to reduce illegal drug produc- Transportation Appropriations bill for the continuing U.N. embargo against tion and distribution. This is partner- the next fiscal year that would fund Iraq. ship among democracies in our hemi- the Coast Guard’s operating expenses Perhaps one of the Coast Guard’s sphere. at a level $159 million less than what it toughest jobs is the day to day enforce- No one denies that an emergency ex- needs to conduct its missions. Mr. ment of U.S. immigration law. It is an ists in Colombia. The country is em- President, I understand the Chairman emotional and gut wrenching mission. broiled in a destabilizing and brutal and Ranking Member of the Transpor- It challenges Coast Guard men and civil war—a civil war that has gone on tation Subcommittee had to make women daily to carry out their respon- for decades with a death toll estimated some tough choices. They had a small- sibilities with due regard for the law, at 35,000. The once promising democ- er budget to work with than their human dignity and, above all, safety of racy is now a war zone. Human rights counterparts in the House. In fact, the human life. It is a tough job. But, day abuses abound and rule of law is prac- House had $1.6 billion more in its allo- in and day out, the Coast Guard con- tically non-existent. cation for the Transportation Appro- tinues to carry out its duties with pro- The situation in Colombia today priations Bill than the Senate. This fessionalism and a never-ending com- bears little resemblance to a nation funding disparity needs to be resolved mitment to the people it serves. once considered to be a democratic suc- in the upcoming conference. These are just some of the vital mis- cess story. But today, the drug trade Mr. President, let me remind my col- sions that would be undermined if the has threatened the sovereignty of the leagues about the unique importance of Coast Guard is not given the resources Colombian democracy and the contin- the Coast Guard. They are called ‘‘the to sustain its daily operations. In some ued prosperity and security of our en- rescue experts,’’ and for good reason. respects, we have passed that point al- tire hemisphere. And, tragically, Amer- Each year, the Coast Guard responds to ready. The Coast Guard is at a point ica’s drug habit is what’s fueling this 40,000 search and rescue cases and saves that it is essentially cannibalizing threat in our hemisphere. It is our own 3,800 lives. During the devastation of equipment for parts, deferring mainte- country’s drug use that is causing the Hurricane Floyd, the Coast Guard con- nance, and working their people over- instability and violence in Colombia

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13349 and in the Andean region. When drug We must not lose sight of why we are The State Department has also said deals are made on the streets of our providing this assistance. The bottom that ‘‘President Pastrana has stated country, they represent a contribution line is this: The assistance package we repeatedly that he will not tolerate to continued violence in Colombia and put together because Colombia is our collaboration, by commission or omis- in the Andean region. neighbor—and what affects our neigh- sion, between security force members The sad fact is that the cultivation of bors affects us too. We have a very real and paramilitaries.’’ I am sure Presi- coca in Colombia has doubled from interest in stabilizing Colombia and dent Pastrana, who I greatly admire, over 126,000 acres in 1995 to 300,000 in keeping it democratic and keeping it has said that. But the reality is that 1999. Not surprisingly, as drug avail- as a trading partner, and keeping its this collaboration has existed for ability has increased in the United drugs off our streets. years, and virtually nothing has been States, drug use among adolescents As we consider the great human trag- done about it. In fact, it is only re- also has increased. To make matters edy that Colombia is today, we must cently, when pressed, that the Admin- worse, the Colombian insurgents see not lose sight of the fact that the re- istration and the Colombian Govern- the drug traffickers as a financial part- sources we are providing to Colombia ment even acknowledged that it was ner who will sustain their illicit cause, now are an effort to stop drugs from going on. To date, little has been done which only makes the FARC and the ever coming into our country in the fu- to stop it. ELN grow stronger. ture. And ultimately, the emergency This is not to say that the Colombian A synergistic relationship has aid package is in the best interest of Government has done nothing to ad- evolved between the drug dealers and the Colombia-Andean region. It is in dress the human rights problems. It the guerrillas—a relationship bonded the best interest of the United States. has, and I want to recognize that. But by the money made selling drugs here And, it is clearly something we had to that is no argument for waiving these in the United States. Each one benefits do. conditions. Far more needs to be done, from the other. Each one takes care of Mr. LEAHY. Mr. President, I want to especially to punish those who violate the other. This is not a crisis internal associate myself with the remarks of human rights. to Colombia. It is a crisis driven by the senior Senator from Massachu- There is no doubt that the Adminis- those who consume drugs in our coun- setts, Senator KENNEDY, who has taken tration believes that supporting ‘‘Plan try, and a crisis that directly impacts a strong, personal interest in the Colombia’’ is in our national security all of us right here in the United human rights conditions in the Colom- interests. However, the Administration States. bia aid portion of this bill. has also said, repeatedly, that pro- It is a crisis that has flourished in Senator KENNEDY and I, with the sup- moting human rights is a key goal of part because the current Administra- port of other Senators, both Democrats ‘‘Plan Colombia.’’ The Colombian Gov- tion made a significant and unwise pol- and Republicans, including some ernment has said the same thing. If icy change in its drug control strategy strong supporters of this Colombia aid those pronouncements means any- in 1993. When President George Bush package, wrote these conditions which thing, they mean that it is not in our left the White House, we were spending passed the Senate on June 22. The Sen- national interests to provide assistance approximately one-quarter of our total ate version, which passed overwhelm- to the Colombian Armed Forces if the federal anti-drug budget on inter- ingly, did not contain the presidential basic human rights conditions in this national drug interdiction—spending it waiver that was included by the con- bill are not met, particularly when the either on law enforcement in other ferees. There was virtually no mean- Colombian Government has said these countries, on Customs, on the DEA, on ingful opportunity for most Senators, conditions are fully consistent with its crop eradication—basically on stopping especially Democrats, to participate in own policies. This is not asking too drugs from ever reaching our shores. the Conference on the Colombia aid much. These are not unreasonable con- After six years of the Clinton presi- package, and I am disappointed that ditions. To the contrary, they are the dency, that one-quarter was reduced to the waiver was included. minimum that should be done to en- approximately 13 to 14 percent, a dra- If the Administration had a history sure that our aid does not go to forces matic reduction in the percentage of of giving the protection of human that violate human rights. There is no money we were spending on inter- rights in Colombia the attention it de- reason whatsoever that the Adminis- national drug interdiction. serves there would be no need for these tration cannot use the leverage of this Fortunately, in the last few years, conditions. Unfortunately, the Admin- aid package to ensure that these condi- Congress has had the foresight to rec- istration, as well as the Colombian tions are met, and I fully expect the ognize the escalating threats in Colom- Government, have consistently mis- Administration to do so. bia, and has worked to restore our drug represented, and overstated, the Co- Mr. WELLSTONE. Mr. President, I fighting capability outside our borders. lombian Government’s efforts to pun- rise in strong opposition to the changes In 1998, Congress passed the Western ish human rights violators. This causes that were made to ‘‘Plan Colombia’’ in Hemisphere Drug Elimination Act me great concern. There is no need for the military construction conference (WHDEA), which not only has begun to the waiver and no justification for report. As if this body did not origi- restore our international eradication, waiving these conditions. nally give enough to the military interdiction and crop alternative devel- Senator KENNEDY has described the ‘‘Push into Southern Colombia’’ with opment capabilities, it contained the situation in detail so I will not repeat $250 million, this conference report in- first substantial investment in Colom- what he has said. However, I do want to creases that amount by $140 million, to bia for counter-narcotics activities in respond to a couple of the State De- fund a 390 million dollar first-time of- almost a decade. partment’s claims: fensive military action in southern Co- Today, we are building on that effort The State Department has said that lombia. with a more focused plan to eliminate ‘‘dramatic steps have been taken [by ‘‘Plan Colombia’’ has been added to drugs at the source and to reduce the the Colombian Government] to deal this conference report as an emergency financial influence of drug trafficking with the legacy of human rights supplemental. We are moving it organizations on the paramilitaries abuses.’’ It cites a change in Colombian through this Congress quickly under and insurgents within Colombia. In law, such that ‘‘military officers re- the guise of a ‘‘drug emergency.’’ But, short, Mr. President, we are reversing sponsible for human rights violations if there is truly a drug emergency in the direction of our drug policy for the are tried in civilian courts.’’ That is a this country, and I believe there is, better. Congress saw what the Admin- gross misrepresentation of what actu- why are there no resources in this plan istration was doing. We said the policy ally occurs. The Colombian Armed targeted to where they will do the has to change; we need to put more Forces have systematically, and suc- most good: providing funding for drug money into interdiction and source cessfully, sought to avoid civilian treatment programs at home? And, country programs; and that’s exactly court jurisdiction of human rights honestly, if the purpose of this mili- what we did. crimes by many of its members. tary aid is to stop the supply of drugs,

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 13350 CONGRESSIONAL RECORD—SENATE June 30, 2000 shouldn’t some of that aid target the tainable development and strength- ming assets for even one major war. An North as well? Something strange and ening civilian democratic institutions. ‘‘EB’’ version of the B–52 would be a dishonest is going on here. This would have safeguarded U.S. in- cost-effective solution to the problem, During our debate over ‘‘Plan Colom- terests in avoiding entanglement in a since the aircraft are already paid for. bia’’ I heard over and over again not decades-old civil conflict, and partner- As a matter of fact, I understand that only how much the Colombian govern- ship with an army implicated in severe during Operation Allied Force, General ment needed this assistance, but also human rights abuses. Instead, we are Wesley Clark asked if any other plat- how urgently it had to have it. I heard funding a military offensive into south- forms could be equipped with offensive over and over again how if Colombia ern Colombia and denying resources electronic gear to augment the over- did not get this money now all hope for where they would be the most effec- tasked EA–6Bs against Serbia’s air de- democracy would be lost, not only in tive: drug treatment programs at fense system, and that an ‘‘EB–52’’ var- Colombia but also for many other home. I am appalled at this strategy. iant was under consideration. That Latin and South American countries as Mr. GORTON. Mr. President, I oppose concept warrants full consideration, as well. This, my colleagues, is a far cry the billions of dollars of emergency a supplement to the EA–6B aircraft from stopping the flow of drugs into Fiscal Year 2000 supplemental funding now in service with the Navy. the United States. This, my colleagues, included in the Fiscal Year 2001 Mili- Mr. CONRAD. I wonder if the distin- is choosing sides in a civil war that has tary Construction bill to continue our guished Chairman and Ranking Mem- raged for more than thirty years. And involvement in Kosovo, and to dra- ber share our interest in the idea of an I think the American people deserve to matically escalate our military’s in- EW mission for the B–52 and belief that know this. volvement in Colombia. While I sup- it should be carefully studied? This massive increase in counter- port the Military Construction provi- Mr. WARNER. I certainly do. Our Na- narcotics aid for Colombia this year sions in the bill, particularly the wor- tion requires additional dedicated EW puts the U.S. at a crossroads—do we thy Washington state projects specified assets and the B–52 offers great poten- back a major escalation in military aid in the bill, I cannot vote for passage of tial in this area. I would bring to the to Colombia that may worsen a civil this measure. attention of my colleagues that the De- war that has already raged for decades, I did not support the President’s de- fense Authorization Act for fiscal year or do we pursue a more effective policy cision to intervene in the 600-year-old 2000 called for a study of potential ad- of stabilizing Colombia by promoting civil war in the Republic of Yugoslavia, ditional EW platforms to supplement sustainable development, strength- and do not support the spending of an- the EA–6B. The B–52 warrants careful ening civilian democratic institutions, other $2 billion on this open-ended and thorough analysis, and I have been and attacking the drug market by in- commitment of our nation’s armed assured by the Defense Department vesting in prevention and treatment at forces and taxpayer dollars. that it is, in fact, being studied. Sen- home? I see today that we have chosen Last week, I actively opposed the ator LEVIN, would you care to com- the former. President’s effort to entangle us in yet ment? Mr. LEVIN. I appreciate the interest We are choosing to align ourselves another civil war, this time in Colom- of my friends from North Dakota in the with a military that is known to have bia. I unsuccessfully sought to reduce EB–52 and share the sentiments of the close contacts with paramilitary orga- the proposed $934 million in funding to distinguished Chairman on this matter. nizations. Paramilitary groups oper- $200 million, which would amount to a The B–52 is a viable candidate for the ating with acquiescence or open sup- four-fold increase in spending on our EW mission in light of its large pay- port of the military account for most fight against drug-trafficking between load, intercontinental range, reli- of the political violence in Colombia Colombia and the United States. This ability, and airframe maintainability today. In its annual report for 1999, supplemental spending bill now in- beyond 2040. It is my understanding Human Rights Watch reports: ‘‘in 1999 cludes even more for Colombia, a total that it is being studied as a dedicated of $1.3 billion. I am afraid this is a paramilitary were considered respon- EW platform candidate and must re- mere down payment on the billions sible for 78% of the total number of ceive full consideration. human rights and international hu- more we will be asked to spend in com- Mr. CONRAD. I greatly appreciate manitarian law violations’’ in Colom- ing years. I refuse to support this the comments of the Armed Services bia. Our own 1999 State Department launching of yet another never-ending Committee’s distinguished leadership. Country Reports on Human Rights commitment—especially one that the I am willing to withdraw my amend- notes that ‘‘at times the security President can neither justify nor guar- ment in light of assurances that the forces collaborated with paramilitary antee will have even the slightest posi- study is underway and will continue to groups that committed abuses.’’ tive impact on drug trafficking. accord the B–52 full, fair, and thorough We should support Colombia during The billions included in this bill for consideration as a potential dedicated this crisis. Being tough on drugs is im- Kosovo and Colombia are not only an EW platform. portant, but we need to be smart about irresponsible waste of taxpayer funds, Mr. DORGAN. I also thank the dis- the tactics we employ. This conference they are a dangerous gamble that we tinguished Chairman and Ranking report decreases by $29 million the aid will exit involvement in these civil Member for their attention to this im- this Chamber gave to support alter- wars with less damage to our fighting portant matter. In light of their assur- native development programs in Co- men and women, and national dignity ances, I, too, will withdraw my amend- lombia. It cuts by $21 million support than we have in the past. ment, and look forward to working for human rights and judicial reform. EB–52 OPTION with them to ensure that the B–52 is It also cuts support for interdiction by Mr. CONRAD. Mr. President, as my given a close look for the EW mission $3.1 million. Yet, it increases by $140 colleagues may be aware, in recent during the ongoing study. million funding for the military ‘‘Push years there has been discussion within Mrs. LINCOLN. Mr. President, with into Southern Colombia.’’ What are we the military about modifying or equip- the passage of the emergency supple- doing here? Guns never have and never ping B–52 aircraft with advanced elec- mental appropriations bill, I want to will solve Colombia’s ills, nor will they tronic jamming equipment that would talk about an important issue to all of address our drug problem here in the allow them to perform a dedicated my constituents in Arkansas and to United States. electronic warfare, or EW, mission. I private property owners across this I reiterate how unbalanced ‘‘Plan Co- joined Senator DORGAN in filing amend- country. I thank the appropriators for lombia’’ is in this conference report. It ments calling for a thorough study of including language in the bill that will cuts the good and increases the bad. A an ‘‘EB–52’’ option. prohibit the Environmental Protection more sensible approach would have Mr. DORGAN. I think it should be Agency from promulgating or imple- been to permit extensive assistance to noted that operation Allied Force dem- menting its proposed Total Maximum Colombia in the form of promoting sus- onstrated that our nation is short jam- Daily Load regulations.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13351 In issuing its August 1999 Total Max- This emergency supplemental appro- As I thank my colleagues for their imum Daily Load regulation, the EPA priations bill is a good bill, and it support, I would like to particularly overstepped its congressionally man- rightly delays implementation of any thank Senator DOMENICI for his hard dated authority. Congress authorized new, unnecessary and unreasonable work in fighting for this money in the the EPA to regulate point sources and EPA regulations until Congress and appropriations process. The initial ap- left it up to the states to regulate non- the States have adequate time to ad- propriation of $455 million for this point sources and develop and imple- dress this issue properly and com- compensation fund will hopefully ad- ment TMDL plans. In its proposed pletely. I urge my colleagues to sup- dress most, if not all, of the damage TMDL regulation, the EPA granted port this bill. caused by the Cerro Grande fire. The itself authority to regulate these spe- Mr. BINGAMAN. Mr. President, I amount appropriated is a significant cific items and clearly overstepped its would like to thank my colleagues for commitment by the federal govern- regulatory authority. These changes, voting for final passage of H.R. 4425 and ment and by passing this legislation while seemingly innocuous, represent a for supporting the funding for the today, Congress has committed itself major shift in Clean Water Act author- Cerro Grande Fire Assistance Act con- to compensating the victims of the ity from the States to the Federal Gov- tained in this bill. By working together Cerro Grande fire for the losses they ernment at the hands of the Environ- with Senator DOMENICI and his staff, incurred. mental Protection Agency. Congress we were able to quickly put together a Mrs. MURRAY. Mr. President, I am has the authority to set clean water piece of legislation that will com- pleased and relieved that after weeks of laws of this country, not the EPA. pensate the many New Mexicans in- uncertainty we have finally reached I reiterate something I have been jured by the Cerro Grande fire that this point, and that we are ready to act raged through Los Alamos and the sur- saying as often as anyone will listen— on the Military Construction Bill. rounding forests in early May. Because these new regulations can easily be As always, I thank Senator BURNS, of the federal government’s role in set- summed up in two words—unreason- the Chairman of the Military Construc- ting what began as a controlled burn in able and unnecessary. tion Subcommittee for his leadership the Bandelier National Park, this legis- I understand some of my distin- and bipartisan cooperation. I also want lation was a necessary response from guished colleagues’ objections to what to thank Chairman STEVENS and Sen- the federal government. seems like legislating on an appropria- ator BYRD for their work in producing tions bill, but I want to let my col- The intensity of the Cerro Grande fire resulted in extraordinary losses for this bill. They set an excellent example leagues know that I have attempted to for all of us to follow. use all other avenues to fix this regula- both the residents of Los Alamos and the surrounding pueblos. I am pleased The FY 2001 Military Construction tion. I completely agree with the Appropriations Bill provides $8.8 billion EPA’s objective of cleaning up our Na- that a compensation fund will now be available for those who lost their dollars in spending. This agreement tion’s rivers, lakes, and streams, but also represents a tremendous amount firmly believe that this regulation homes in the fire, those who were forced to close down their business and of work and a great deal of cooperation oversteps congressional mandated au- between the House and Senate. thority and intent for the implementa- those who provided emergency relief to the threatened community. The com- We went into conference with very tion of the Clean Water Act. different recommendations for I assure my colleagues that I have pensation fund will also be made avail- projects, and simply not enough money done all that I could to encourage the able for those who suffered other kinds to go around. We came out with a bi- EPA to back down before we got to this of losses as a result of the fire. This partisan package that is fair and bal- point. I have personally met with the would include aid to the Santa Clara anced and, most importantly, addresses President. I have personally met with Pueblo to help them restore the thou- some of our most pressing military EPA Administrator Carol Browner. I sands of acres they lost to the Cerro construction needs. I wish we could have introduced legislation to reassert Grande blaze. It would also include as- congressional intent regarding the sistance to the members of the San have done more because the needs are Clean Water Act. My colleagues and I Ildefonso Pueblo who have suffered so significant. As our nation continues to tally up have held ten congressional Committee economically due to the fire closing ever-larger budget surpluses, I hope hearings, introduced six pieces of legis- down the roads and cutting off the lation on this matter, and held over 20 tourist traffic that frequents the pueb- that the Defense Department will public meetings around the country lo. I’m also glad that we were able to channel more resources into military that were attended by thousands of provide funding for the Los Alamos Na- construction. We simply cannot con- property owners. tional Laboratory so it can begin to ad- tinue to balance the best military in In Arkansas alone, we have held dress the damages it sustained as a re- the world on the back of a crumbling three public meetings and two congres- sult of the Cerro Grande fire. infrastructure. We ask tremendous sac- sional field hearings. In El Dorado over I am very pleased that the Cerro rifices from our military families, and 1,000 attended; in Texarkana over 4,000 Grande compensation fund will be this bill is an opportunity to address attended; in Fayetteville over 2,000 at- available shortly so people can get on their pressing needs. tended; and over 1,000 attended in Hot with their lives and start rebuilding Mr. President, I would also like to Springs and in Lonoke to learn how their communities. Once this legisla- acknowledge the excellent contribu- this new TMDL regulation would affect tion is signed by the President, FEMA tions of the Military Construction Sub- their private property and to protest will have 45 days to draft regulations committee staff for their many hours the reach of the EPA into traditional that govern this claims process. I of hard work in crafting this agree- non-point source activities. would like to thank FEMA, and espe- ment. We have attempted all available ave- cially Director James Lee Witt, for I also want to make a few brief com- nues to right this wrong. It was never taking on this very large responsibility ments regarding the supplemental ap- congressional intent for the EPA to of handling the fire claims process. He propriations that have been attached regulate non-point sources or to inter- has worked tirelessly to aid disaster to this legislation. I will vote for the fere with States’ implementation of victims across this country and I know conference report but I do so with seri- TMDLs on its rivers, lakes, and he will devote the resources necessary ous reservations about numerous provi- streams. to aid the victims of the Cerro Grande sions in the supplemental. It is impor- After all of our efforts to curb this fire. We hope that the regulations gov- tant to note that the package before regulation and bring it back into line erning the claims process will be in the Senate today does not represent with congressional intent have failed, place shortly and the victims of the the work of the entire conference com- we have been left with no other re- fire can begin settling their claims mittee. The conference committee did course but to restrict the EPA’s fund- with the federal government by late not meet to consider the supplemental ing for this TMDL regulation. summer. items.

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This has not been an ideal process. nancing in the commercial market- and GREGG expressing her concern that While this bill provides funding for place. SBA provides this assistance in the transfer was not included in S. 2536. needed projects and disaster relief, the form of guaranties for loans made In a letter from Jacob Lew, director many needs were left unaddressed. by a network of more than 5,000 private of OMB, to Chairman Young, Director Other projects were added that were sector lenders. Currently, SBA’s 7(a) Lew mentioned the concern by the Ad- not part of either the President’s sup- portfolio includes nearly $40 billion in ministration of the transfer ability. plemental request or the Senate’s sup- 7(a) loans representing as many as Now I am expressing my concern that plemental provisions. 150,000 small businesses that might not it is not in H.R. 4425. I am particularly disappointed that be in business today were it not for Mr. KYL. Mr. President, the Senate this conference report does not include their SBA guaranteed loans. The 7(a) is today considering the conference re- the Senate’s language to provide Se- program is funded by user fees and a port to accompany the FY2001 military attle and other local governments in modest appropriation intended to off- construction appropriations bill, H.R. Washington state with the needed re- set any potential losses on the SBA 4425. The bill includes funding for mili- imbursement funding for last year’s guaranteed loans. For fiscal year 2000, tary facilities and infrastructure, in- WTO meeting. The federal government the taxpayers’ cost for a 7(a) loan is cluding base improvements, operation has not been a true partner is sharing only $1.16 for every $1000 guaranteed. and training facilities, barracks and the costs for this event. And for each $10,000 loaned, at least family housing, and environmental I am particularly disappointed with one job is created. compliance. the Congressional Majority, which Despite the tremendous benefits pro- Attached to the military construc- promised to include this language. Un- vided by the 7(a) loan program, how- tion bill is a supplemental spending fortunately, when they met behind ever, this year the available program package for FY2000 that includes fund- closed doors, they chose to neglect our level will not be adequate to meet the ing for anti-drug efforts, including in obligation to Seattle. I will demand needs of the eligible, credit-worthy Colombia, funds to replenish defense that the Senate act on this matter be- small businesses that will seek assist- accounts that have been drawn down fore we adjourn this year. ance from SBA. This means that by the by the Clinton administration to pay In addition, I continue to have seri- end of the fiscal year the Agency will for military operations in Kosovo and ous reservations about the assistance have to turn away some of the small Bosnia, and funds for disaster assist- package to Columbia for counter nar- entrepreneurs that are relying on SBA- ance, wildland firefighting activities, cotics activities. I have worked with guaranteed loans to finance the growth and administrative expenses associated Senator LEAHY to strengthen the of their businesses. In an environment with repeal of the Social Security human rights provisions within the where small business is responsible for earnings limitation earlier this year. bill, and I did vote for both amend- much of the growth in the American I am pleased that the total cost of ments to limit funding to Columbia economy and most of the new job op- the supplemental package was reduced during the Senate’s consideration of portunities, this is penny-wise and from the original $13 billion proposed the issue. If the Columbia funding were pound-foolish. by the House to about $11 billion. I attached to a bill other than Military SBA has funds available that could want to commend the Majority Leader, be transferred to the 7(a) program to Construction where I serve as ranking Senator LOTT, and the Chairman of the member, I would give serious consider- help to make sure that every eligible, Appropriations Committee, Senator credit-worthy small business that ation to voting against the bill. STEVENS, for working to limit the cost I also want to note for my colleagues seeks SBA’s loan assistance is able to of the supplemental package. that this legislation provides signifi- access the loans that they need. The I think we could have gone further, cant disaster assistance for New Mex- simple request would allow SBA to use though. The bill includes about $600 funds that have been previously appro- ico to aid the Los Alamos area in deal- million for the Low Income Home En- priated to it for the 7(a) program. If ing with the recent devastating fire. ergy Assistance Program. I question any of us were asked whether we sup- Senator DOMENICI and Senator BINGA- the need to include that money here. port the small businesses in our MAN have been very diligent in working There is $7 million for peanut assess- States—in our districts, we would an- with the Senate on this issue. ments. There is language in the bill swer with a resounding ‘‘yes.’’ By in- At this moment, fire crews in Wash- that lifts the firewall that would pre- cluding language to allow SBA to use ington state have finally gotten con- vent defense funds from being diverted existing funds for 7(a) program loans, trol of another significant fire near one to certain domestic programs. These we will be demonstrating in a very tan- of our country’s nuclear weapons facili- are things I would omit from the bill, if gible way that our local small busi- ties. More than 200,000 acres were de- I could. nesses can really count on this support. The fact is, though, that the bulk of stroyed by a fast-moving fire on and I don’t understand why we, the Con- the supplemental spending is urgently around the Hanford Nuclear Reserva- gress, continue to deny this simple re- needed, even though some provisions of tion. quest that means so much to so many questionable merit have been included. Secretary Richardson is at Hanford and costs so little. This is nothing un- today to assess the damage. I have anticipated or given to the Congress at More than half of the supplemental— been in contact with Governor Gary the last minute: $6.5 billion—is required to replenish de- Locke and various federal officials to In SBA’s FY 2000 request, SBA asked fense operations and maintenance ac- follow the fire developments. While it for a program level of $10.5 billion for counts that President Clinton has is too soon to know the extent of the this program. The SBA only received a tapped to cover the cost of unauthor- damage, I do want my colleagues to be program level of $9.75 billion. ized military missions around the aware of this serious situation. The President’s supplemental request globe, including in Bosnia and Kosovo. Mr. KERRY. Mr. President, I am letter of February 25, 2000 included Because O&M accounts have been seri- deeply concerned that the supple- SBA’s request for authority to transfer ously depleted, we find that we are now mental appropriations contained in money to the 7(a) program to raise the on the brink of serious readiness prob- this Military Construction Appropria- program level to the requested $10.5 lems in our military if we do not re- tions conference report (accompanying billion. plenish these accounts, and do so H.R. 4425) do not provide for essential When the Administrator testified on quickly. funding for SBA’s popular 7(a) guaran- the FY 2001 budget in March of this Mr. President, the firefighting money teed business loan program. year, she stated that SBA would need in this bill—$350 million—like the de- For nearly 50 years, SBA’s 7(a) loan the $10.5 billion program level for FY fense money—is an urgent matter. The program has provided loans to start 2000 at the then current demand level. Los Alamos, New Mexico, fires have and grow small business across the On May 22, SBA Administrator Alva- dominated the news, but wildfires this country when they could not access fi- rez sent letters to Chairmen STEVENS year have consumed more than 25,000

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13353 acres in Arizona, as well. Nationwide, $1.598 million for the readiness center concerns about this plan. I came away over one million acres have burned this at the Guard’s Yuma installation; and from our meeting fully convinced that year, and we still have several months $3.35 million for the child-develop- President Pastrana is a courageous, re- remaining in our fire season. The ment center at Fort Huachuca. form-minded leader who is committed money in this bill will reimburse the These were projects that were not not only to ending drug trafficking in Bureau of Land Management and the identified in the President’s budget, Colombia, but also to bringing sta- Forest Service for costs incurred in but which are important priorities in bility, ending violence, and promoting connection with firefighting efforts on the state. human rights there as well. the Grand Canyon rim and elsewhere As I said early on, there are some I am gratified that concerns such as around the country. The firefighting things in this bill that I do not support. those raised at our subcommittee hear- funds have to be allocated. There is questionable need for some of ing and our meeting with President The bill allots $1.3 billion for coun- the military construction projects that Pastrana received attention as the ternarcotics activities, including Plan are funded. The LIHEAP money should House and Senate have considered the Colombia. That is a start, but we are not be included here. Peanut assess- Administration’s plan. In that regard, likely going to have to do even more to ments. The breaching of the defense the conference report before the Senate help gain control of drug production firewall. But it seems to me that the today includes several stringent re- and distribution from Colombia. good in the bill outweighs the bad. quirements, including a series of condi- There are several items of particular Mr. President, I will vote for this tions on the progress of Colombia’s importance to the state of Arizona that bill. We have no choice but to replenish military in addressing human rights I would like to highlight at this point. our defense accounts and pay for emer- abuses; $29 million more than the First and foremost is language to pre- gency items, like firefighting and dis- President’s request for human rights vent the Secretary of the Interior from aster relief. and justice programs; a requirement moving forward with a unilateral re- Mr. L. CHAFEE. Mr. President, I that the U.S. President develop a com- allocation of Central Arizona Project would like to share with my colleagues prehensive strategy with benchmarks; (CAP) water. This language is defensive my views on several items contained and additional anti-drug funding to in nature—that is, it is intended only within this conference report. neighboring nations so that this prob- to counter a threat by the Interior Sec- Shortly after becoming a Senator, I lem is not simply exported out of Co- retary to reallocate CAP water by the was named chairman of the Foreign lombia. end of the calendar year contrary to Relations Subcommittee on Western Although there remain numerous the terms of Indian water settlements Hemisphere Affairs. One of the most critics who do not support this plan, I now being negotiated. Water is a pre- important matters before our sub- would attest that the provisions in this cious and scarce resource, and the allo- committee this year is the Administra- bill are far better than simply appro- cation of CAP water is one of the most tion’s proposed anti-drug aid package priating the funds without condition. important decisions affecting the fu- for Colombia. The conference report With these strong provisions included, ture of my state. Arizona simply can- before the Senate today includes $1.3 I support passage of this anti-drug not allow the Secretary to reallocate billion for this plan. package for Colombia. its water merely because he is about to On February 25, I called the first However, let’s be clear that passage leave office. hearing of my subcommittee to con- of this plan today is not the end of The bill includes a $12 million one- sider the many facets of this package. Congress’ consideration of this critical time appropriation to be split equally I must say that at first, I was quite issue. As chairman of the Sub- between Arizona, Texas, California, skeptical of providing such a dramatic committee on Western Hemisphere Af- and New Mexico to help cover the over- increase in anti-drug military aid to fairs, I will closely monitor implemen- whelming costs associated with proc- Colombia. My concerns centered on tation of this aid package to ensure essing criminal illegal immigrants and whether the United States had a com- that the conditions enacted by Con- the significant number of border-re- prehensive long-term strategy for this gress today are carried out responsibly lated drug cases. plan, whether this swift and dramatic and thoroughly by the Administration. It also includes a one-time, $2 million infusion of military hardware would re- I would also like to mention a rider appropriation for Arizona to assist sult in a worsening of the human rights inserted by the Conference Committee Cochise County and other affected ju- record of the Colombian military, and that would prohibit the Environmental risdictions along the U.S.-Mexican bor- whether there were assurances that Protection Agency from finishing work der that are incurring significant costs these funds would not be wasted due to on a proposed rule revising the Total for local law enforcement and criminal corruption. Maximum Daily Load (TMDL) program justice processing because of record- At our hearing, our subcommittee ex- under the Clean Water Act. The TMDL breaking levels of illegal immigration plored a number of questions about issue is an important policy matter, and smuggling of drugs and people into this plan. Key among our witnesses was one with significant consequences for the state. Jose´ Miguel Vivanco, Executive Direc- public use of our Nation’s surface wa- Dr. Tanis Salant, a professor at the tor of the Americas Division of Human ters and for many businesses, farmers University of Arizona, is close to com- Rights Watch. Mr. Vivanco outlined a and others who will be affected by the pleting a study on unreimbursed costs report he had just authored docu- rule. No doubt, this issue is controver- that occur as a result of increased ille- menting the continued links between sial and merits careful consideration gal immigration in the area. He esti- the Colombian military to the and debate. However, the TMDL provi- mates that Arizona’s border counties paramilitaries that have been impli- sion inserted into the Military Con- collectively spend $15.5 million to bring cated in countless human rights abuses struction and Supplemental Appropria- criminal illegal aliens to justice. in Colombia. He also touched on the tions bill inappropriately transfers the Cochise County spends 33 percent of its lack of progress in prosecution in Co- decision regarding the TMDL rule from overall local criminal justice budget to lombia’s civilian courts of military the Environmental Protection Agency process criminal illegal immigrants. personnel accused of human rights to the Senate and House Appropria- This does not even include incarcer- abuses. tions Committees. ation costs, which are also severe. Two months later, I chaired a meet- This rider is not germane to the un- Finally, the bill funds important ing of the Foreign Relations Com- derlying bill, was inserted into the military construction projects in the mittee with the President of Colombia, Conference Report without any public state: Andre´s Pastrana. At this meeting, sev- debate, and cannot be amended. In my $2.265 million to improve the readi- eral members of the Committee and view, important decisions regarding ness center at the Army National other interested Senators were able to environmental policy should not be Guard’s Papago Military Reservation; discuss in depth with Mr. Pastrana our made behind closed doors and out of

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 13354 CONGRESSIONAL RECORD—SENATE June 30, 2000 public view. This type of backdoor leg- particularly the over $700 million millions of dollars added to this bill for islating circumvents the legislative worth of military construction projects National Guard Armories, which, in a process of debate and amendment, and added to that bill that were not re- typically Orwellian gesture, are now abuses the public trust. By including quested by the Department of De- referred to as ‘‘Readiness Centers?’’ this language in a conference report fense—an amount, I reiterate, that was Whether the $6.4 million added for a that cannot be amended, Senators doubled in conference with the rarely new dining facility at Sheppard Air must either accept the offensive provi- fiscally responsible other Body. Force Base: the $12 million for a new sion, or vote down an appropriations This is an institution that has proven fitness center at Langley Air Force bill containing important funds for dis- itself incapable of passing legislation Base; the $5.8 million for a joint per- aster relief, humanitarian aid, and na- on an expedited basis that genuinely sonnel training center at Fairchild Air tional defense. warrants the categorization of ‘‘emer- Force Base, Alaska; the $3.5 million Since the bill provides critical assist- gency.’’ Funding for ongoing military added for an indoor rifle range and $1.8 ance to people that need help, I reluc- operations that strains readiness ac- million for a religious ministry facility tantly support its passage. counts is a case in point. The one at the Naval Reserve Station in Fort Mr. MCCAIN. Mr. President, I appre- thing, Mr. President, we can pass with- Worth, Texas; the $4 million added for ciate the opportunity to address the out hesitation and consideration is the New Hampshire Air National Guard Senate once again on the subject of money for pork-barrel projects. Just Pease International Trade Port; the $4 military construction projects added to prior to final passage back in May of million for a Kentucky National Guard an appropriations bill that were not re- the Military Construction appropria- parking structure; and the $14 million quested by the Department of Defense. tions bill, the Appropriations Com- added for New York National Guard fa- This bill contains more than $1.5 bil- mittee pushed through $460 million for cilities all constitute vital spending lion in unrequested military construc- six new C–130J aircraft for the Coast initiatives is highly questionable. tion projects. More importantly, I Guard—the very aircraft that we throw Mr. President, there are one-and-a- half billion dollars worth of projects would like to spend a few minutes dis- money at with wanton abandon as added to this bill at member request. cussing the thorough perversion of the though our very existence as an insti- Not all of them, in particular family budget process by Congress in its re- tution is dependent upon the continued housing projects warrant criticism or lentless pursuit of the other white acquisition of that aircraft. meat. There is $4.5 billion in pork-bar- That funding and those aircraft are skepticism. There are important qual- ity of life issues involved here. The rel spending in this bill, $3.3 billion of in the bill that emerged from con- public should be under no illusions, that total in the so-called ‘‘emergency ference with the House. A consensus however, that over a billion dollars was supplemental.’’ exists, apparently, that we must have added to this bill solely as a manifesta- Webster’s, Mr. President, defines six more C-l3OJs in addition to the tion of Congress’ naked pursuit of ‘‘emergency’’ as ‘‘a sudden, generally ones added to the defense appropria- unexpected occurrence or set of cir- pork. tions bill despite a surplus in the De- As mentioned, far more disturbing cumstances demanding immediate ac- partment of Defense of C–130 airframes than the pork added to the military tion.’’ What we have here is the antith- that should see us through to the next construction bill is the damage done to esis of that concept. It is ironic that millennium and beyond. Message to the integrity of the budget process by the emergency spending bill before us parents saving up for little junior’s col- the abuse of the concept of emergency today includes $20 million for absti- lege education: invest in the stock of spending. Permit me to quote from the nence education, because the taxpayers the company that makes C–130s; the opening sentence from the Washington are really getting screwed. For months United States Congress will ensure Post of June 29 with regard to this bill: the leadership of this body made a de- your offsprinq never need student ‘‘Republicans are trying to grease the liberate decision not to act quickly and loans. skids for passage of a large emergency deliberately with regard to legitimate Compared to the $460 million for the spending bill for Colombia and Kosovo spending issues involving military C–130s, it hardly seems worth it to with $200 million of ’special projects’ readiness and the crisis in Colombia. mention the $25 million added to this for members, and one of the biggest The decision was made not to treat emergency spending measure for yet winners is a renegade Democrat being these essential and time-sensitive ac- another Gulfstream jet, other than to courted by the GOP.’’ tivities as expeditiously as possible. point out that it is manufactured in That, Mr. President, summarizes the Now, after many months and a legisla- the same state as the C–130s. process pretty well. Military readiness tive trail more complicated and illogi- It was reassuring that a compromise and the situation in Colombia are not cal than any Rube Goldberg contrap- was reached on the issue of helicopters in and of themselves important enough tion, we are presented with an $11 bil- for Colombia. It is extremely unfortu- to warrant support for this spending lion bill replete with earmarks that nate, however, that an issue of life and bill; we must have our pork. We must under no credible criteria should be death for Colombian soldiers being sent have our $25 million for a Customs categorized as ‘‘emergency’’—and this into combat to fight well-armed drug Service training facility at Harpers is in addition to the over $1.5 billion traffickers and the 15,000-strong guer- Ferry, West Virginia, a site most cer- added to the underlying military con- rilla army that protects them was tainly chosen for its bucolic charm and struction appropriations bill for strict- predicated upon parochial consider- operational attributes rather than for ly parochial reasons. ations. Valid operational reasons ex- parochial reasons. We must have our Mr. President, as everyone here is isted for the decision by the Depart- $225,000 for the Nebraska State Patrol aware, I regularly review spending bills ment of Defense and the Colombian Digital Distance Learning project. We for items that were not requested by Government to request Blackhawk hel- must have over $3 million earmarked the Administration, constitute ear- icopters, and the Senate’s decision to for anti-doping activities at the 2002 marks designed to benefit specific substitute those Blackhawks for Huey Olympics, in addition to the $8 million projects or localities, and did not go IIs was among the more morally rep- for Defense Department support of through a competitive, merit-based se- rehensible actions I have witnessed these essential national security ac- lection process. I submit lists of such within the narrow realm of budgetary tivities on the ski slopes of Utah. We items to the CONGRESSIONAL RECORD, decision-making by Congress. must have $300,000 for Indian tribes in generally prior to final passage of the Specific to the Military Construction North Dakota, South Dakota, Montana spending bill in question. In the case of Appropriations Act for Fiscal Year and Minnesota. the Military Construction bill for fiscal 2001, it continues to strain credibility Those of us who had the misfortune year 2001, I submitted such a list, along to peruse this legislation and believe of witnessing one of the most disgrace- with a statement critical of the process that considerations other than pork ful and blatant explosions of pork-bar- by which that bill was put together, were at play. How else to explain the rel spending in the annals of modern

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.001 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13355 American parliamentary history, the that bill language with a straight There being no objection, the mate- ISTEA bill of 1998, should be astounded face—processor in Hoonah, Alaska, re- rial was ordered to be printed in the to see the projects funded in this emer- search and education relating to the RECORD, as follows: gency spending bill: North Pacific marine ecosystem, and H.R. 4225 FY01 conference MILCON and $1.2 million for the Paso Del Norte the lease, operation and upgrading of supplemental add-ons, increases & earmarks International Bridge in Texas; facilities at the Alaska SeaLife Center, [In millions $9 million for the US 82 Mississippi and the $7 million for observer cov- of dollars] River Bridge in Mississippi; erage for the Hawaiian long-line fish- M1A2 Tank Upgrades ...... 163.7 $2 million for the Union Village/Cam- ery and to study interaction with sea Patriot Missile Program ...... 125 bridge Junction bridges in Vermont; turtles in the North Pacific. Finally, Walking Shield Program ...... 0.3 $5 million for the Naheola Bridge in and not to belabor the point, is the $1 2002 Olympic and Paralympic Alabama; million for the State of Alaska to de- Winter Games ...... 8 Sale of a Navy Drydock to Bender $3 million for the Hoover Dam Bypass velop a cooperative research plan to re- in Arizona and Nevada; Shipbuilding, Mobile, AL. store the crab fishery truly a national Corps of Engineers Flood Protec- $3 million for the Witt-Penn Bridge security imperative? tion, Devils Lake, North Da- in New Jersey; and My friend and colleague from Texas, kota ...... 2 $12 million for the Florida Memorial Senator GRAMM, has referred to the Corps of Engineers Flood Protec- Bridge in Florida. sadly typical smoke and mirrors budg- tion, Princeville, North Caro- These, Mr. President, are but a tip of eting gimmickrey pervasive in this lina ...... 1.5 the iceberg—an iceberg that shall not bill. I am disturbed by these budgeting Corps of Engineers improve- stand in the way of the icebreaker gimmicks designed to prevent Congress ments, Johnson Creek, Arling- added to this bill, albeit for more cred- ton, TX ...... 3 from complying with the revenue and Corps of Engineers dredging, ible reasons than the vast majority of spending levels agreed to in the Budget Saxon Harbor, Wisconsin ...... 0.2 member-adds. Resolution. This bill is a betrayal of DoE Oak Ridge, Tennessee ...... 25 As I stated earlier, tracking the proc- our responsibility to spend the tax- DoE Kansas City Plant, Missouri 11 ess by which this bill comes before us payers’ dollars responsibly and enact DoE Pantex Plant in Amarillo, today has been a truly Byzantine expe- laws and policies that reflect the best Texas ...... 7.5 rience. The addition of $600,000 for the interests of all Americans. DoE Los Alamos, NM ...... 5 Lewis and Clark Rural Water System For example, this bill waives the DoE Sandia Lab, NM ...... 14 in South Dakota serves as sort of a DoE Transportation/Fleet Up- budget caps to allow for more discre- grades ...... 10 tribute to the unusual path down which tionary spending. This bill also waived DoE Savannah River Site ...... 1.5 this legislation has traveled. The most the firewall in the budget resolution DoE Nevada Test Site U1h Shaft skilled legislative adventurers would between defense and nondefense spend- improvements ...... 2.5 be hard pressed to follow the trail this ing on outlays. The end result is that DoE Office of Security Staffing ... 3 bill followed before arriving at its des- this gives the Senate Appropriations DoE Worker Health Concerns Pa- tination here today. Committee the freedom to move the ducah, KY & Portsmouth, OH ... 10 I cannot emphasize the significance $2.6 billion the Defense Appropriations DoE Uranium Enrichment Decontam. and Decommission. of piling billions of dollars in pork and Subcommittee did not spend on much- unrequested earmarks into a bill that Fund ...... 58 needed readiness into non-defense DoE Environmental Cleanup at we have categorized for budgetary pur- spending. Paducah, KY & Portsmouth, OH 16 poses as ‘‘emergency.’’ Consider the This bill further changes current law DoE Uranium and Thorium li- distinction between emergency spend- and shifts the payment date for SSI, censee reimbursements ...... 42 ing essential for the preservation of the Supplemental Security Income pro- Land acquisition at Blount Is- liberty and to deal with genuine emer- gram, from October back to Sep- land, Florida ...... 35 gencies that cannot wait for the usual tember. What that does is shift money Implementation of the 1999 Live- annual appropriations process, and the into fiscal year 2000. In the process, it stock Mand. Price Reporting manner in which Congress abuses that Act ...... 1.35 allows $2.4 billion more be spent in fis- Farm Service Agency Salaries concept and undermines the integrity cal year 2001 by spending that same and Expenses ...... 77.56 of the budgeting process. When I review amount of money in the previous year. Commodity Credit Corporation an emergency spending measure and This bill also uses the gimmick of mov- (CCC) ...... 81 read earmarks like $2.2 million for the ing the pay date for veterans’ com- Authorizes Sec. of Agriculture to Anchorage, Alaska Senior Center; pensation and pensions from fiscal year use CCC funds to offset the $500,000 for the Shedd Aquarium/Brook- 2001 to fiscal year 2000. Both of these assessment on peanut pro- field Zoo for science education pro- provisions are further examples of the ducers for losses from 1999. grams for local school students; $1 mil- DoJ Funds to reimburse Texas, irresponsible budget gimmickry that New Mexico, Arizona and Cali- lion for the North Shore-Long Island allows the Congress to spend more fornia municipal governments Jewish Health System in Long Island, without any accountability. for federal costs associated New York; $1 million for the Center for Mr. President, to conclude, this bill with handling and processing of Research on Aging at Rush-Pres- is a travesty, a thorough slap in the illegal immigrants ...... 12 byterian—St. Luke’s Medical Center in face of all Americans concerned about DoJ Communications Assistance Chicago; and $8 million for the City of fiscal responsibility, national security, for Law Enforcement (CALEA) 181 Libby in Montana, plus another $3.5 the scourge of drugs on our streets, and Hurricane(s) assistance to fisher- million for the Saint John’s Lutheran men ...... 10.8 the integrity of the representation Long Island Lobster Fishery Hospital in Libby, I am more than a they send to Congress. We should be Compensation for New York/ little perplexed about the propriety of ashamed of ourselves for passing this Conn...... 7.3 our actions here. bill—a bill that members of the Senate West Coast Groundfish fishery Is the American public expected to had no time to review despite mis- disaster relief (CA, OR & WA) ... 5 believe that what the chairman of the leading statements to the contrary U.S. Commission on Inter- Appropriations Committee calls a voiced on the floor of the Senate. Un- national Religious Freedom ..... 2 ‘‘must-pass bill’’ essential for national fortunately, shame continues to elude Bering Sea Crag Fishery for Or- security should include emergency egon, Washington, and Alas- us, and the country is poorer for that kans ...... 10 funding for Dungeness fishing vessel flaw in our collective character. Voluntary Fishing Capacity re- crew members, U.S. fish processors in Mr. President, I ask unanimous con- duction program (NE U.S.) ...... 10 Alaska, and the Buy N Pack Seafoods— sent to have printed in the RECORD the Hawaiian Long-line fishing/Sea how do you, Mr. President, even write list of unrequested items. Turtle interaction/observers ..... 7

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0655 E:\BR00\S30JN0.001 S30JN0 13356 CONGRESSIONAL RECORD—SENATE June 30, 2000 H.R. 4225 FY01 conference MILCON and supple- H.R. 4225 FY01 conference MILCON and supple- H.R. 4225 FY01 conference MILCON and supple- mental add-ons, increases & earmarks—Con- mental add-ons, increases & earmarks—Con- mental add-ons, increases & earmarks—Con- tinued tinued tinued [In millions [In millions [In millions of dollars] of dollars] of dollars] North Pacific/Alaska SeaLife White House—EOP funds for res- Study the Health of Vieques, Center emergency appropria- toration/reconstruction of e- Puerto Rico Residents ...... 40 tion ...... 5 mail ...... 8.4 Purchase Tactical High Energy BLM Wildland Fire Management Winter Olympics/Paralympic Laser for the Army ...... 5.7 funding ...... 200 Games Doping Control Program 3.3 Purchase F–15 Eagle Fighters for BLM Land Acquisition—Douglas Provide FY00 funds for the ne- the Air Force ...... 90 Tract in Southern Maryland .... 2 braska State Patrol Digital CH–46 Helicopter engine Procure- Storm Damage Repairs in Na- Distance learning project. ment ...... 27 tional Forests in Minnesota & 5 HUD Economic Develop. Initia- EP–3 Sensor Improvements for Wisc ...... 2 tives Comm. Dev. Block the Navy ...... 25.8 Authorizes Const. of Indian Grants: Dam Construction, West Health Service Clinic in King City of Park Falls, Wisconsin ...... 1.3 Virginina ...... 11 Cove, AK. Lake Superior BTC Cultural Cen- U.S. Customs Service Training Authorizes compensation to Buy ter, Washburn, Wisconsin ...... 0.25 Center, Harpers Ferry, WV ...... 25 N Pack Seafoods in 1999 and Hatley, Wisconsin for water, U–2 Reconnaissance aircraft im- 2000 for losses in Dungeness wastewater, and sewer system provements ...... 212.7 crab fishing in Glacier Bay imp ...... 0.9 WARSIMS for the Army ...... 5 Park, AK. Hamlet, North Carolina for demo- Biometrics Assurance Program ... 7 DoL—Abstinence Education—Ma- lition and removal of buildings 0.05 EPA Macalloy Special Account, ternal and Child Health Grant .. 20 Youngstown, Ohio for design and Charleston, SC ...... 9.7 Const. of Little Flower Children’s constr. of a Community Center 25 Atlas Pulsed Power Experimental Services Clinic, Wading River, Home Investment Partnership Facility, Nevada Tst Site ...... 5 NY ...... 3 Program, New Jersey ...... 11 DoE Science Programs, Natural International HIV/AIDS funding 12 Home Investment Partnership Energy Lab, Hawaii ...... 2.5 CDC Chronic and Environmental Program, North Carolina Hous- DoE Science Programs, Burbank Disease Prevention, Houston, ing Finance Agency ...... 25 Hospital, Fitchburg, MA ...... 1 TX ...... 0.46 FEMA Buyout of properties in DoE, St. Luke’s Medical Center, Payment to States for Foster flood plains ...... 50 Chicago, IL ...... 1 Care and Adoption Assistance .. 35 NASA Software work for future DoE Science Program, North- Auth. extension of funds to An- Mars Missions ...... 1 Shore, Jewish Hlth. Sys., Long chorage, AK Senior Citizen’s NASA Online ‘‘Learning Flight Island ...... 1 Center. Control for Intell. Fl. Cont. DoE Supply Programs to Improvement in Postsecondary Sys.’’ proj...... 0.5 Meterials Science Center, Education, College of New Jer- DC reimbursement for IMF and Tempe, AZ ...... 1 sey ...... 0.75 world Bank Demonstration ...... 4.485 Prohibits the use of federal funds to the Education Research, Statistics DOT Study, HWY 8 from Min- Nuclear Regulatory Commission for FY00 Center, George Mason Univ., nesota Border thru Wisconsin. and 01, Chattanooga, TN Tech Trng Ctr. VA ...... 0.368 6 C–130Js for the Coast Guard ...... 468 West Virginia, Dept. of the Interior, Surface Improvements to St. John’s Lu- 1 Gulfstream V (C–37A) for the Mining Reg. Program theran Hospital, Libby, Mon- Commandant of the Coast 9.821 tana ...... 3.5 Guard ...... 45 HHS Projects for the Health Re- Economic Development Adminis- LIHEAP (Low Income Home En- sources and Services/SSA ...... 20 tration Grant to Libby, Mon- ergy Assistance Program) ...... 600 Youth Offender Grants ...... 19 tana ...... 8 Military Construction, Blount Is- Shedd Aquarium/Brookfield Zoo Arch. of the Capitol—Capitol Fire land, FL ...... 35 Science Programs ...... 0.5 Safety Improvements ...... 17.48 Washington, DC Police Depart- Boston Music/Symphony Edu- NTSB Alaska Air/Egypt Air In- ment Funding ...... 4.5 cation Collaboration (Dept. of vestigation Costs ...... 19.739 Lewis & Clark Rural Water Educ.) ...... 0.832 DOT Paso Del Norte Inter- Project in South Dakota ...... 0.6 Ben Booke Arena and Hilltop Ski national Bridge, TX ...... 1.2 Airborne Reconnaissance Low Area Grant, Anchorage, AK...... DOT US 82 Mississippi River (ARL) aircraft ...... 30 Total Plus-Ups for the Supplemental Portion Bridge ...... 9 Colombia—Substitutes 30 Only: $3,386,177,000.00. DOT Union Village/Cambridge Blackhawk helos requested Junction in Vermont ...... 2 by the administration and the DOT Naheola Bridge, Alabama .... 5 Colombian Government for a MILCON portion of the bill DOT Hoover Dam Bypass in Ari- total of 60 Huey II heli- [In millions zona and Nevada ...... 3 copters. of dollars] DOT Witt-Penn Bridge in New Cerro Grande/Los Alamos Fire Alabama: Jersey ...... 3 Emergency Conservation Pro- Redstone Arsenal Space & Msl DOT Florida Memorial Bridge ..... 12 gram ...... 10 Def Command Bldg ...... 15.6 National Environmental Policy Cerro Grande, Watershed and Alaska: Institute, Washignton, DC ...... 0.75 Flood Prevention Ops, Los Ala- Eielson AFB, Joint Mobility DOT Woodrow Wilson Bridge, VA/ mos ...... 4 Complex ...... 25 MD ...... 170 Dept. of Int. BIA Operation of In- Elmendorf AFB, Child Develop- DOT transfer to EPA for telecom- dian Programs, Cerro Grande ment Center ...... 7.666 muting pilot program ...... 2 NM ...... 8.982 Arizona: DOT Metro-North Danbury to Buy America Provisions, Arabian Ft. Huachuca, Child Develop. Norwalk, CT commuter rail Gulf, Kwajalein Atoll. Center ...... 3.35 project ...... 2 Authorizes Purchase of an ele- Army National Guard, Papago DOT Second Avenue Subway im- vated Water Tank, Mil. Reserv. Readiness Center 2.265 provements, NYC, NY ...... 3 Millington, TN. Yuma Readiness Center ...... 1.598 DOT Improvements to the Halls Authorizes Light Rail Connector, Arkansas: Mill Road, Monmouth County, Ft. Campbell, Kentucky. Pine Bluff Arsenal, Chemical NJ ...... 1 Authorizes SECAF to conduct Defense Qual. Facility ...... 2.5 Treasury in-service firearms milcon dem. project, Brooks, Little Rock AFB, C–130 Drop training facility, WV ...... 24.9 AFB, TX Zone ...... 1.259 Treasury—Secret Service funds Elementary School for the Cen- California: for National Security Special tral Kitsap District, Bangor, Ft. Irwin, Presidio of Monterey Events ...... 10 WA ...... 1 Barracks Addition ...... 2.6

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0655 E:\BR00\S30JN0.001 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13357 MILCON portion of the bill—Continued MILCON portion of the bill—Continued MILCON portion of the bill—Continued [In millions [In millions [In millions of dollars] of dollars] of dollars] Barstow USMC Log. Base, Illinois: ANG, Jackson Int’l Airport, C– Paint & Undercoat Facility ... 6.66 Natl. Guard, Aurora Readiness 17 Corr. Control/Main. Hangar 1.7 Lemoore NAS, Child Dev. Cen- Center ...... 2.871 Family Housing, Gulfport ter Expansion ...... 3.79 Natl. Guard, Danville Readiness Naval Con. Battalion Center Miramar USMC Physical Fit- Center ...... 2.435 (157 Units) ...... 20.7 ness Center ...... 6.39 Indiana: Missouri: Monterey USN PostGrad. ANG, Ft. Wayne Int’l Airport, Ft. Leonard Wood, Airfield Im- Building Extension ...... 5.28 Replace Fuel Cell & Corrosion provements ...... 4.2 TwentyNine Palms, Bach. En- Facility ...... 7 Natl. Guard, Maryville Readi- listed Quarters ...... 21.77 Grissom AFRB, Services Com- ness Center ...... 4.225 Beal AFB, Control Tower ...... 6.299 plex ...... 11.29 USNR, Whiteman AFB, Littoral Fresno, Organiz. Maintenance USNR, Grissom AFRB, Reserve Surveillance System ...... 3.57 Shop ...... 0.978 Train. Facil ...... 4.73 Family Housing, Ft. Leonard Parks, Organiz. Maintenance Iowa: Wood (24 units) ...... 4.15 Shop ...... 6.062 Fairfield Readiness Center ...... 1.066 Montana: Bakersfield Readiness Center ... 0.5 Kansas: Malstrom AFB, Convert Com- Fort Ord Thermochemical Con- Ft. Riley, Adv. Waste Water mercial Gate ...... 3.517 version—Direct the Army Treatment Facil ...... 22 Malstrom AFB, Helicopter Ops to develop and operate a McConnel AFB, Approach Facil ...... 2.362 thermochemical conversion Lighting System ...... 2.1 Natl. Guard, Bozeman Readi- pilot plant at Fort Ord. McConnel AFB, KC–135 Squad ness Center ...... 4.916 Colorado: Ops/Aircraft Main. Unit ...... 9.764 Nevada: Peterson AFB, Computer Net- Air Natl. Guard, McConnell Fallon NAS, Corrosion Control work Defense Facility ...... 6.826 AFB, B–1 Power Check Pad ... 1.55 Hangar ...... 6.28 Peterson AFB, Maintain Main Ft. Leavenworth—Bell Hall Re- Natl. Guard, Carson City Access Gate ...... 2.31 furbishment earmark for USP&FO, Admin. Building .... 4.472 Army Natl. Guard, Ft. Carson, FY 2002. Air Natl. Guard, Reno-Tahoe Mobiliz. & Train. Equip. Site 15.1 Kentucky: Int’l Airport, Fuel Storage Air Natl. Guard, Buckley Ft. Knox Multi-Purpose Digital Complex ...... 5 ANGB, Replace Joint Muni- Training Range ...... 0.55 Family Housing, Nellis AFB (26 tions Complex ...... 6 Natl. Guard, Ft. Knox, Parking 3.929 units) ...... 5 Connecticut: Louisiana: Carson City Readiness Center— Orange Air National Guard Sta- Barksdale AFB, B–52H Fuel Cell direct National Guard Bu- tion Air Control Squadron Main. Dock ...... 14.074 reau to insure additional Complex should be consid- USNR, New Orleans Naval Sup- funding is provided. ered in FY 2002. port Activity ...... 1.67 New Hampshire: Delaware: New Orleans NAS, Joint Re- Air Natl. Guard, Pease Int’l. Army Natl. Guard, Smyrna serve Center ...... 7 Trade Port, Med. Train. Facil 4 Readiness Center ...... 7.02 Maine: New Jersey: Dover AFB Control Tower high- Portsmouth Naval Shipyard, Picatinny Arsenal, Armament light funding req. for FY Waterfront Crane Rail Sys- Software Eng. Center ...... 5.6 2002. tem ...... 4.96 McGuire AFB, Air Freight Ter- District of Columbia: Maryland: minal/Base Supply Complex .. 10.6 Washington USMC Barracks, Ft. Meade, Barracks ...... 19 Fort Dix Barracks $900,000 for Site Improvements ...... 7.4 Patuxent River NAS, Environ- the design of the facility ...... 0.9 Washington USN Research Lab. mental Noise Reduction Wall 1.67 New Mexico: Nano-Science Center ...... 12.39 Patuxent River NAS, Research Cannon AFB, Control Tower ..... 4.934 8th and I Marine Barracks (1 & Test Eval. Support Facil .... 6.57 Holloman AFB, Repair Bonito Unit) ...... 0.5 Aberdeen Proving Ground, Mu- Pipeline ...... 18.38 Florida: nitions Assessment/Proc- Kirtland AFB, Fire/Crash Res- NS Mayport, Aircraft Carrier essing Sys ...... 3.1 cue Station ...... 7.35 Wharf Improvements ...... 6.83 Massachusetts: New York: Panama City USN Coastal Sys- Hanscom AFB, Renovate Acqui- Ft. Drum, Battle Simulation tem Center, Amphib. War. sition MGMT Facility ...... 12 Center ...... 12 Facil ...... 9.96 Air Natl. Guard, Barnes Munic- Air Natl. Guard, Hancock Field, Tyndall AFB, Weapons Con- ipal Airport, Relocate Taxi- Small Arms Train. Facil ...... 1.25 troller Train. School ...... 6.195 Air Natl. Guard, Hancock Field, Army Reserve, Clearwater way ...... 4 Upgrade Aircraft Main. Shops 9.1 Aviation Support Facil ...... 17.8 ANG, OTIS ANGB, Upgrade Air- Army Reserve, St. Petersburg field Storm Water System ..... 2 ANG, Niagara Falls Int’l. Air- Arm. For. Res. Center ...... 10 Westover AFB, USMC Reserve port, Upgrade Overrun & USAF Reserve, Homestead, Training Facility ...... 9.1 Runup ...... 4.1 Fire Station ...... 2 Westover AFB, USAF Reserve, West Point Multi-media Learn- Georgia: Repair Airmen Quarters ...... 7.45 ing Center ...... 0.5 Ft. Gordon, Consolidated Fire Michigan: North Carolina: Station ...... 2.6 Natl. Guard, Lansing Combined USMC Camp Lejeune, Armories 4 Athens USN Supply Corps Main. Shop ...... 17 Seymour Johnson AFB, Repair School, Fitness Center ...... 2.95 Natl. Guard, Augusta Organ. Airfield Pavements ...... 7.141 Moody AFB, Dormitory ...... 8.818 Main. Shop ...... 3.6 Air Natl. Guard, Charlotte/Dgls. Robins AFB, Storm Drainage Air Natl. Guard, Selfridge Airport, Replace Supply System ...... 11.762 ANGB, Upgrade Runway ...... 18 Whare ...... 6.3 Robbins AFB, Airmen Dining Minnesota: North Dakota: Facil ...... 4.095 Natl. Guard, Camp Riley, com- Natl. Guard, Wahpeton Arm. Hawaii: bined Support Main. Shop ..... 10.368 For. Readiness Center ...... 10.96 USA Pokakuloa Train. Range .. 12 Mississippi: Ohio: USN Ford Island, Sewer Force USN Stennis Space Center, Wright-Patterson AFB, Con- Main ...... 6.9 Warfighting Center ...... 6.95 solidated Toxics Hazards Lab 14.908 Defense Wide, Pearl Harbor, Columbus AFB, Corrosion Con- Air Natl. Guard, Mansfield- Special Deliv. Drydeck Facil 9.9 trol Facil ...... 4.828 Lahm Airport, Squad. Ops & Maui Readiness Center ...... 11.592 Natl. Guard, Camp McCain, Commun ...... 7.7 Idaho: Modified Record Fire Range .. 2 Air Natl. Guard, Springfield Air Natl. Guard, Gowen Field, Natl. Guard, Oxford Readiness Airport, Power Chk/De-arm C–130 Assault Strip ...... 9 Center ...... 3.348 pad ...... 4

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0655 E:\BR00\S30JN0.002 S30JN0 13358 CONGRESSIONAL RECORD—SENATE June 30, 2000 MILCON portion of the bill—Continued MILCON portion of the bill—Continued contracts, estimated to exceed more than [In millions [In millions $500,000 to be accomplished in Japan, in any of dollars] of dollars] NATO country, or in countries bordering the Columbus Naval & Marine Re- Utah: Arabian Gulf are to be awarded to United serve Center, Consolidated Hill AFB, Dormitory ...... 11.55 States firms or U.S. firms in joint venture Air Res...... 7.08 S.A. Douglas Armed Forces Re- with host nation firms. Section 112. Any military construction Oklahoma: serve Center Parking & Site project in U.S. territories and possessions in Ft. Sill, Tactical Equip. Shop ... 10.1 Improv ...... 0.7 the Pacific and on Kwajalein Atoll, or in the Altus AFB, C–17 Cargo Com- Vermont: Arabian Gulf, estimated to exceed $1 million partment Trainer ...... 2.939 Air Natl. Guard, Burlington may be awarded to a foreign contractor only Tinker AFB, Dormitory ...... 8.715 Int’l. Airport, Main. Complex 9.3 if the foreign contractor bid exceeds a U.S. Vance AFB, Main. Hangar ...... 10.504 Virginia: Ft. Eustis, Aircraft Main. In- contractor bid by 20% or more. Furthermore, Natl. Guard, Sand Springs, for contract awards for military construc- Arm. For. Res. Center ...... 13.53 struction Building ...... 4.45 USN Dahlgren Naval Surf. War- tion on the Kwajalein Atoll this requirement Oregon: is suspended for Marshallese contractors. Camp Rilea Train. Simulation fare Center, Joint Warf. Anal- ysis C ...... 19.4 Section 124. Department of Defense funds Center ...... 1.47 may be transferred for the purpose of fund- Eugene Armed Forces Reserve Langley AFB, Fitness Center ... 12.18 Natl. Guard, Richlands Org. ing programs of the Demonstration Cities Center Complex consider- Main. Shop ...... 1.175 and Metropolitan Development Act of 1966 ation for FY 2002. Family Housing, Ft. Lee (52 (42 U.S.C.) to pay for expenses associated Pennsylvania: units) ...... 8.6 with the Homeowners Assistance Program. Philadelphia Naval Surface Fort Belvoir, Potomac Heritage Section 130. Critical military construction Warfare Cent., Gas Turbine National Scenic Trail ...... 0.5 funds may be transferred from the Naval Re- Test Fac ...... 10.68 Washington: serve account to the Active Duty Navy ac- Ft. Indiantown Gap, Repair Bangor Naval Sub. Base, Stra- count for funding an elevated water storage Waste Treatment Plant/Sew- tegic Sec. Support Facil ...... 4.6 tank at the Naval Support Activity age ...... 8.518 Bremerton Naval Station, Fleet Midsouth, Millington, Tennessee. Johnstown Regional Main. Recreation Facil ...... 1.93 Section 131. Department of Defense mili- Shop ...... 4.5 Everett Naval Station, Aquatic tary construction funding may be used for Mansfield Readiness Center ...... 3.1 Combat Training Facil ...... 5.5 the light rail connector located at Fort New Milford Readiness Center .. 2.675 Puget Sound Naval Shipyd., In- Campbell, Kentucky and if funds become Letterkenny Army Depot, Mis- dustrial Skills Center ...... 10 available, the Secretary of the Army may sile Igloo Modifications ...... 0.112 Fairchild AFB, Joint Personnel later accept funds from the Federal Highway Rhode Island: Training Center ...... 5.88 Administration or the State of Kentucky. Air Natl. Guard, Quonset State Fairchild AFB, Runway Center- Section 133. Directs the Secretary of De- Airport, Main. Hangar & line Lighting ...... 2.046 fense to prioritize military housing projects Shops ...... 8.9 Natl. Guard, Bremerton Readi- in San Diego over military housing projects South Carolina: ness Center ...... 4.341 in cities in other communities where there Charleston AFB, Base Mobility Natl. Guard, Yakima Readiness are bases. Section 134. $170 million is provided for the Warehouse ...... 9.449 Center ...... 1.6 purposes of dredging and foundation repairs Charleston AFB, Runway Re- Ft. Lawton, Site Improvements 3.4 for the Woodrow Wilson Memorial Bridge in pair ...... 10.289 Ft. Lewis Vancouver Barracks Historic Facilities ...... 1.5 Virginia. Shaw AFB, Dining Facil ...... 5.252 Section 135. Provides $0.5 million in funds Beaufort USMCAS, Readiness West Virginia: Air Natl. Guard, Yeager ANGB, for the Secretary of the Navy to improve and Center ...... 4.87 repair Marine Corps Officer Quarters Number Leesburg Training Center, In- Upgrade parking Apron ...... 6 USNR, Eleanor Res. Center ...... 2.5 6 belonging to the Commandant of the Ma- frastructure Upgrades ...... 5.682 rine Corps, at the 8th and I Barracks, in USN, Ft. Jackson Naval Re- Wyoming: Air Natl. Guard, Cheyenne Washington, D.C. This is odd especially since serve Armory ...... 5.2 elsewhere in this bill there is restrictive lan- South Dakota: Int’l. Airport, Control Tower 1.45 Puerto Rico: guage that prohibits more than $25,000 per Ellsworth AFB, Base Civil Eng. Ft. Buchanan, Child Dev...... 3.7 unit may be spent annually for maintenance Complex ...... 10.29 WorldWide Unspecified: and repair of ANY general or flag officer Natl. Guard, Sioux Falls, Con- USA Unspecified Minor Con- quarters. solidated Barracks/Edu. Facil 4.955 struction ...... 5.7 Section 136. Authorizes the Secretary of Tennessee: USA Planning & Design ...... 17.6 the Air Force to conduct a logistics, mainte- Natl. Guard, Henderson Readi- USA Classified Project ...... 0.5 nance, and military construction demonstra- ness Center ...... 5.165 USN Planning & Design ...... 10 tion project at Brooks Air Force Base, Natl. Guard, Tazwell Readiness USN Unspecified Minor Con- Texas. Center ...... 3.51 struction ...... 4 Section 137. Directs the Secretary of De- Texas: USAF Unspecified Minor Con- fense to provide not less than $1 million for Ft. Hood, Command & Control struction ...... 1.5 the design of an elementary school for the Facil ...... 4 USAF Planning & Design ...... 20.391 Central Kitsap School District in Bangor, Ft. Hood, Fire Station/Trans- Natl. Guard Planning & Design 20.547 Washington. Putting this funding require- portation Motor Pool ...... 6.492 Natl. Guard Unspecified Minor ment in the emergency supplemental bill is Corpus Christi NAS, Parking Construction ...... 10.48 an end run around the normal authorization Apron Expansion ...... 4.85 Natl. Guard Unspecified Minor- and appropriations process. Now that design Ingleside USN Station, Mobile WMDCST ...... 25 work is obligated, then next year funding Mine Assembly Unit Facil ..... 2.42 Air Natl. Guard Unspecified will become available for the construction of Kingsville NAS, Aircraft Park- Minor Construction ...... 4 the school through the military construction ing Apron ...... 2.67 USA Reserve Planning & De- authorization and appropriation bills. Both Dyess AFB, Fitness Center ...... 12.813 sign ...... 5.5 Committees turned down this project be- Lackland AFB, Child Dev. Cen- USA Reserve Unspecified Minor cause the Department of Defense had not put ter ...... 4.83 Construction ...... 0.7 any design money funding in their budget. Sheppard AFB, Dining Facil ..... 6.45 USNR Planning & Design ...... 2.2 Chapter 1—Operation and Maintenance, De- Laughlin AFB, Visitors Quar- USAFR Planning & Design ...... 1 fense-Wide ters ...... 11.973 Total MILCON only: $1,226,226,000.00. Provides $40 million in emergency funding Ft. Bliss, Lab. Renovation ...... 4.2 Total MILCON Plus Supplemental: to Vieques, Puerto Rico for the study of Air Natl. Guard, Ellington $4,612,403,000,00. health or Vieques residents, airport fire- Field, Replace Base Supply/ fighting equipment, pier improvements at a Civil Eng. Co ...... 10 ADD-ONS, INCREASES AND EARMARKS HIGH- commercial ferry pier and terminal, con- USNR, NAS, Ft. Worth, Indoor LIGHTED BY SECTION AND DESIGNATED AS struction of an artificial reef and reef con- Rifle Range ...... 3.49 EMERGENCY REQUIREMENTS servation, special payments for Vieques com- USNR NAS, Ft. Worth, Reli- Section 111. Any military construction mercial fisherman for lost days of fishing be- gious Ministry Facil ...... 1.83 projects, including architect and engineer cause Navy training, roadways and bridge

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improvements in Puerto Rico, adult training Chapter 3—Military Construction GENERAL PROVISIONS and reeducation programs, natural resources Section 303. Provides $35 million from the Language stating that notwithstanding preservation, protection and conservation, Department of Defense Military Construc- any other provision of law, no funds provided and economic development programs. tion Navy account for the purchase of land in this or any other Act may be used to fur- Research, Development, Test and Evaluation, at Blount Island, Florida. ther reallocate the Central Arizona Project Army Chapter 4—Department of Transportation, water or to prepare an Environmental As- Provides $5.7 million for the purchase of Coast Guard sessment, Environmental Impact Statement, Tactical High Energy Laser (THEL) for the Provides $468 million for the purchase of or Record of Decision providing for the re- Army. 6C–130J Hercules aircraft for the Coast Guard allocation of the Central Arizona Project Section 103. Provides $90 million for the and the funding of these aircraft as an emer- water until further act of Congress author- purchase of F–15 Eagles for the Air Force. gency requirement and therefore is not sub- izing and directing the Secretary of the Inte- Section 104. Provides $163.7 million for the ject to the budget caps. rior to make allocations and enter into con- purchase of Abrams tank M1A2 SEP Up- tracts for delivery of the Central Arizona grades for the Army. Chapter 2—National Oceanic and Atmospheric Project water. Section 111. Provides $27 million for the Administration Language stating that notwithstanding purchase of engines for the CH–46 and $25.8 Provides $30.7 million for compensation of any other provision of law, the Indian Health million for the purchase of EP–3 sensor im- fisherman for losses and equipment damage Service is authorized to improve municipal, provement modifications for the Navy. Pro- resulting from Hurricane Floyd and other re- private or tribal lands with respect to the vides $212.7 million for the purchase of U–2 cent hurricanes and fishery disasters in the new construction of the clinic for the com- reconnaissance aircraft sensor improvements Long Island Sound lobster fishery and west munity of King Cove, Alaska. and flight simulators for the Air Force. Pro- coast groundfish fishery, and for the repair Language which provides for compensation vides $5 million for the development of of the National Oceanic and Atmospheric Ad- to Dungeness fishing vessel crew members, WARSIMS for the Army. ministration hurricane reconnaissance air- fish processors which have been negatively Section 112. Provides $7 million total for craft and designated as an emergency re- affected by restriction on fishing and Dunge- biometrics information assurance programs quirement and therefore is not subject to the ness Crab in Glacier Bay National Park; and, for the Army, probably at Walter Reed Hos- budget caps. the Buy N Pack Seafoods in Hoonah, Alaska pital in Maryland. United States Commission on International which have been negatively affected by re- Section 113. Provides $125 million for the Religious Freedom strictions on fishing in Glacier Bay National purchase of Patriot missile equipment for Park. the Army. Provides $2 million for the United States Section 114. Provides $300 thousand for Commission on International Religious Free- INDEPENDENT AGENCIES Walking Shield for the technical assistance dom and designates this funding as emer- $2,374,900 in addition to amounts made and transportation of excess housing to In- gency funding. available for the following in prior Acts, dian Tribes in the States of North Dakota, GENERAL PROVISIONS shall be and have been made available to South Dakota, Montana and Minnesota. Section 2201. Provides $10 million for the award grants for work on the Buffalo Creek Section 116. Provides for the transfer of Pribilof Island and East Aleutian area of the and other New York watersheds and for aqui- $9.7 million from Department of Defense Bering Sea for emergency expenses for fish- fer protection work in and around Cortland readiness funding to the Environmental Pro- eries disaster relief and $7 million for other County, New York, including work on the tection Agency Macalloy Special Account disaster assistance, $3 million for Bering Sea Upper Susquehanna watershed. for environmental response funding in ecosystem research, and $1 million for the $2,600,000 shall be transferred to the ‘‘State Charleston, South Carolina. State of Alaska to develop a cooperative re- and Tribal assistance grants’’ account to re- Section 117. Provides $8 million to the De- search plan to restore the crab fishery in main available until expended for grants for partment of Defense for communications, Alaska and to designate this funding as wastewater and sewer infrastructure im- communications infrastructure, logistical emergency funding and therefore the funding provements for Smithfield Township, Mon- support, resources, and operational assist- is not subject to the budget caps. roe County ($800,000); the Municipal Author- ance required by the Salt Lake Utah Orga- Section 2202. Provides $10 million for ity of the Borough of Milford, Pike County nizing Committee to stage the 2002 Olympic Northeast multi species fishery to support a ($800,000); the city of Carbonadale, Lacka- and Paralympic Winter Games. voluntary fishing capacity program and des- wanna County ($200,000); Throop Borough, Section 119. Provides for the sale of Navy ignates this funding as emergency and there- Lackawanna County ($200,000); and Dickson Drydock No. 9 (AFDM–3) located in Mobile, fore not subject to the budget caps. City, Lackawanna County ($600,000), Penn- Alabama, to the private shipbuilder Bender Section 2203. Provides $2 million for stud- sylvania. Shipbuilding and Repair Company, Inc. with- ies relating to the long-line interactions Language which redirects funding appro- out competitive bidding by other contrac- with sea turtles in the North Pacific and $5 priated in title III of the Department of Vet- tors. erans Affairs and Housing and Urban Devel- Section 205. Provides $5 million from the million for the commercial fishing industry opment, and Independent Agencies Appro- Department of Energy Weapons Activities in the Northwest Hawaiian Islands for the priations Act, 2000, by striking ‘‘in the town programs to move the Atlas pulsed power ex- Hawaiian Long-line fishery and to designate of Waynesville’’ in reference to water and perimental facility to the Nevada Test Site. this funding as emergency and therefore is wastewater infrastructure improvements as Section 206. Provides $2.5 million from the not subject to the budget caps. identified in project number 102, and by in- Department of Energy Science programs to Section 2204. Provides $5 million in funding serting ‘‘Haywood County’’; Fourpole Pump- the Natural Energy Laboratory in Hawaii. for and directs the Secretary of Commerce to Section 207. Provides $1 million from the establish a North Pacific Marine Research ing Station’’ in reference to water and Department of Energy Science programs to Institute at the Alaska SeaLife Center by wastewater infrastructure improvements as the Burbank Hospital Regional Center in the North Pacific Research Board for the identified in project number 135; and by Fitchburg, Massachusetts. purpose of carrying out education projects striking the words ‘‘at the West County Section 208. Provides $1 million from the relating to the North Pacific marine eco- Wastewater Treatment Plant.’’ Department of Energy Science programs to system with particular emphasis on marine DEPARTMENT OF HEALTH AND HUMAN SERVICES mammal, sea bird, fish, and shellfish popu- the Center for Research on Aging at Rush- Earmarking $20,000,000 for Health Re- lations in the Bering Sea and Gulf of Alaska Presbyterian-St Luke’s Medical Center in sources and Services for special projects of including populations located in or near Chicago, Illinois. regional and national significance under sec- Kenai Fjords National Park and the Alaska Section 209. Provides $1 million from the tion 501(a)(2) of the Social Security Act, Maritime National Wildlife Refuge. This $5 Department of Energy Science programs to which shall become available on October 1, million in funding is designated as emer- the North Shore-Long Island Jewish Health 2000, and shall remain available until Sep- gency funding and therefore is not subject to System in Long Island, New York. tember 30, 2001. Section 210. Provides $1 million from the the budget caps. Department of Energy Supply programs to Section 2303. Provides emergency status ADMINISTRATION ON AGING the Materials Science Center in Tempe, funding for United States fish processors Earmarking $3,000,000 as an additional Arizona. which have been negatively affected by re- amount for Health Resources and Services, Section 211. Prohibits the use of federal strictions on fishing for Dungeness crab in to remain available until September 30, 2001, funds appropriated to the Nuclear Regu- Glacier Bay National Park and which pre- for renovation and construction of a chil- latory Commission for fiscal year 2000 and viously received interim compensation and dren’s psychiatric services facility in Wading 2001 to relocate or prepare for the relocation specifically ‘‘Buy-N-Pack Seafoods Inc., a River, New York. of personnel or functions from the Chat- United States fish processor in Hoonah, Earmarking $2,200,000 for the Anchorage, tanooga Tennessee Technical Training Cen- Alaska which has been most severely im- Alaska Senior Center, and shall remain ter. pacted by these fishing restrictions. available until expended.

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DEPARTMENT OF EDUCATION I, too, commend Senator BURNS from both leaders. I congratulate them on Amended by inserting after the words Montana, the chairman of the Appro- having done a great service. I say this: ‘‘Salt Lake City Organizing Committee’’ the priations Military Construction Sub- Every Senator is in their debt. words ‘‘or a governmental agency or not-for- committee, and his ranking member, I also thank my colleague and friend, profit organization designated by the Salt Senator MURRAY of Washington State, Senator STEVENS, for the leadership he Lake City Organizing Committee.’’ Earmarking $19,000,000 provided to become for their work on this legislation. It is has shown in these appropriations mat- available on July 1, 2000, for Youth Offender important. It has a lot of projects that ters. Grants, of which $5,000,000 shall be used in are very important for our defense and I hope that both of our leaders, in accordance with section 601 of Public Law the underlying military construction particular, and all of our colleagues 102–73 as that section was in effect prior to appropriations bill. I also extended to will have a very safe and enjoyable the enactment of Public Law 105–220. them my sympathy and appreciation Fourth of July. Earmarking $750,000 to remain available Mr. LOTT. Thank you, Senator BYRD, until expended, which shall be awarded to for the fact that their bill had to carry the College of New Jersey, in Ewing, New a title II which brought a lot of emer- for your comments and for your inspi- Jersey, for creation of a center for inquiry gency legislation, but it needed to be ration and for talking about the his- and design-based learning in mathematics, done. Their bill became the catalyst to tory of this great country and this spe- science and technology education. move this emergency legislation cial celebration of the Fourth of July, Inserting ‘‘Town of Babylon Youth Bureau through. It was not easy for them to 2000, with family and friends. It is a for an educational program.’’ have to deal with all the conflicting special time for our country and in our By striking ‘‘$500,000 shall be awarded to Shedd Aquarium/Brookfield Zoo for science problems not in their jurisdiction. I lives. I look forward to it. education/exposure programs for local ele- thank them for what they did on this Senator BYRD, I will have the pres- mentary schools students’’ and inserting legislation. ence of my very fine grandson that you ‘‘$500,000 shall be awarded to Shedd Aquar- I thank Senator GRAMM, Senator spoke so beautifully about just 2 years ium/Brookfield Zoo for science education MCCAIN, Senator STEVENS, and Senator ago on his birth date. I look forward to programs for local school students. BYRD for their usual brilliance and in- that moment. By striking ‘‘Oakland Unified School Dis- novation. What looked like 6 hours of Mr. BYRD. Will the Senator yield? trict in California for an African American Mr. LOTT. I am happy to yield to the Literacy and Culture Project’’ and inserting readings, multiple votes on points of ‘‘California State University, Hayward, for order, and a contested final passage Senator. an African-American Literacy and Culture sometime tonight, Saturday, or Sun- Mr. BYRD. Please tell your hand- Project carried out in partnership with the day, was resolved in a matter of min- some grandson, who has been blessed Oakland Unified School District in Cali- utes. It is a miracle. with a multitude of talents, I am sure, fornia. I know there will be objections to that this year is not the beginning of By striking ‘‘$900,000 for the Boston Music various parts and a lot of speeches will the 21st century. Tell him it is not the Education Collaborative comprehensive be made. That is great. There will be beginning of the third millennium. interdisciplinary music program and teacher This is the last year of the 20th cen- resource center in Boston, Massachusetts’’ time for that later. I appreciate the and inserting an earmark for ‘‘$462,000 to the help of Senator DASCHLE and all in- tury. Regardless of what the media say Boston Symphony Orchestra for the teacher volved. We needed this bill. We needed and many politicians say, this is the resource center and $370,000 shall be awarded this emergency legislation. last year of the 20th century and the to the Boston Music Education Collaborative Senator STEVENS did the right thing. last year of the second millennium. for an interdisciplinary music program, in I thank him. I wanted to express my Let him know that, so that he will be Boston, Massachusetts. appreciation to all. raised in truth and will always seek Earmarking $368,000 to be derived by trans- Mr. DASCHLE. Will the Senator truth. fer from the amount made available for fis- cal year 2000 for Health Resources and Serv- yield? Mr. LOTT. Thank you, again. ices Administration—Health Resources and Mr. LOTT. I am happy to yield to the Senator BYRD, I want to note, when Services for construction and renovation of Senator. you enter my young grandson’s room, health care and other facilities: Provided Mr. DASCHLE. I also express my on the wall to the left, in a beautifully that such amount shall be awarded to the congratulations to Senator STEVENS framed device is the fantastic speech George Mason University Center for Services and Senator BYRD for their masterful that you gave on the floor. It will al- to Families and Schools to expand a program effort in getting the Senate to this ways be there. What you had to say for schools and families of children suffering point, and for the managers of the bill was so beautiful to say about our from attentional, cognitive, and behavioral disorders. itself. As Senator LOTT has indicated, grandchildren, and about his birth, and this was not an easy task. All the way quotes from the Bible, quotes from his- GENERAL PROVISIONS to the very last moment it looked as if tory. Earmarking $3,500,000 for the Saint John’s Lutheran Hospital in Libby, Montana for this could have been derailed. It Anybody who thinks there is not a construction and renovation of health care wasn’t, in part because of leadership bipartisan spirit around here needs to and other facilities and an additional and in part because of cooperation. know that there is no quote from the amount for the Economic Development Ad- I think we have done a good thing Republican majority leader in my ministration. today, an important thing. It is impor- grandson’s room. The only speech in Earmarking $8,000,000 only for a grant to tant we finish this work prior to the his room is the speech from that great the City of Libby, Montana, such amount to time we leave. This bill will now go to Democrat of West Virginia, ROBERT be transferred to the City upon its request notwithstanding the provisions of any other the President, as it should. I know he BYRD. law and without any local matching share of will sign it. I think we are ending the Mr. REID. Will the Senator yield? award conditions. way we should have ended, on a high Mr. LOTT. I yield to Senator REID. The PRESIDING OFFICER. The note with a good deal accomplished. Mr. REID. Having listened and question is on agreeing to the con- I thank the Senator. watched what went on and having ference report. Mr. BYRD. Will the Senator yield? served in government most of my adult The conference report was agreed to. Mr. LOTT. I am happy to yield to the life, it is not often we see such leader- Mr. LOTT. Mr. President, I move to Senator. ship in action close up. We have seen it reconsider the vote. Mr. BYRD. Mr. President, having here today. This is remarkable. Mr. GRAMM. I move to lay that mo- been the Senate Democratic leader, I I want to publicly express my appre- tion on the table. know that there comes a moment in ciation for the work done by our lead- The motion to lay on the table was time when leaders have to step in and er. The burdens he bears I see close up. agreed to. act. Our two leaders did that at the I see your burdens, Mr. Majority Lead- Mr. LOTT. Mr. President, I use my critical moment. It is through their er, but not as up close and personal as leader time to make some announce- leadership that we have reached an un- I see Senator DASCHLE’s. What he does ments about the schedule. derstanding in this matter. I thank for us, the minority, is extraordinary,

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13361 as evidenced by the very quick, instan- Mr. LOTT. I don’t believe it is nec- But EPA has been listening. In re- taneous decisions he made in conjunc- essary, but I amend my request to that sponse to Congressional hearings and tion with you today. You are both to be effect. public comments, it has made changes. applauded. This is democracy in action. Mr. WARNER. I wish to advise you, For example, it dropped the forestry It is what is good about government. Mr. Leader, working with your staff on proposal and made other parts of the I also extend accolades to the two of this side, working with the Judiciary rule more workable. you. I have no military service in my Committee, that is the only remaining As I understand it, the rule has gone background, but with the love and ap- item, together with Senator ROTH and to OMB for review, and should be pub- preciation and dedication that Sen- Senator BYRD, who are working on a lished, in final form, soon. ators STEVENS and INOUYE have for the matter which if we can resolve those But then we get this conference re- military, and Senator WARNER and oth- two, I believe I can indicate to my dis- port. Out of the blue, it provides that ers who work for the defense of this tinguished leaders that we could get none of the funds appropriated to EPA country, they see it from a little dif- the unanimous consent. for 2000 and 2001 can be used to imple- ferent perspective than a lot of us be- Mr. LOTT. Thank you very much. I ment the new rule. cause they have seen military action. I yield the floor. I have two major problems with this think they deserve a great deal of cred- The PRESIDING OFFICER. Without provision. The first problem is the it. objection, it is so ordered. process by which the provision has Senator INOUYE has been ill and has The Senator from Montana been included in the conference report. not been here this week, but his spirit The process is, in a word, outrageous. has been here. He was awarded the Con- f Clearly, there are differences of opin- gressional Medal of Honor. He and Sen- MILCON CONFERENCE REPORT: ion about the TMDL rule. But there ator STEVENS have guided the military CLEAN WATER ACT PROVISION are several opportunities for those dif- of this country for the last decade as Mr. BAUCUS. Mr. President, I rise to ferences to be debated. no one in the history of this country, express my strong opposition to a pro- The Environment and Public Works in my opinion. I express appreciation vision, which has been included in the Committee is considering a bill, intro- for everyone on our side of the aisle for military construction conference re- duced by Subcommittee Chairman what these two men do for the mili- port, that prevents EPA from using CRAPO and Committee Chairman tary. Senator STEVENS and Senator any funds to implement a new rule to SMITH, that would, among other things, INOUYE have personally felt the need clean up our nation’s streams, rivers, delay the final rule. The House HUD/ for this military construction bill, and and lakes. VA/Independent Agencies Appropria- every word they speak indicates that. tions bill contains a provision that also Mr. LOTT. Mr. President, I thank Let me explain why this rule is im- portant. would delay the rule. Senator REID, for his comments. Of course, there is the regulatory re- Since 1972, when the Clean Water Act view process we enacted in 1996, that f became law, we’ve made a lot of allows Congress to disapprove a final ORDER OF BUSINESS progress in cleaning up our water, espe- rule. Mr. LOTT. I want the Senate to be on cially with respect to so-called ‘‘point In each case, we would have a debate. notice when we return on Monday, July sources’’ like sewage treatment plants The merits would be discussed. Sen- 10, since there was objection to, at and industrial plants; the pipe that ators could explain why they believe least at this time, taking up the come out of plants and go into lakes that the rule should be delayed; others Thompson bill freestanding, we will go and streams. could respond. Then we would have a to the Interior appropriations bill. But we still are far from reaching our vote, and the public could judge our ac- There will be a vote or votes on that goal of fishable, swimmable waters. tions. Monday sometime between 5 and 6, pre- That is the standard in the act. That’s not what’s going on here. In- sumably around 5:30. That’s where the new rule comes in. stead, opponents of the rule have Later today, we hope to still be able It relates to something called ‘‘total slipped the provision into an unrelated to propound some unanimous consent maximum daily loads,’’ or TMDLS. It conference report that cannot be requests. We are still working to see if is a long, technical-sounding label. But amended—no debate, no sunshine, no we can get the Department of Defense it’s a pretty simple concept. A TMDL public knowledge of what is going on. authorization bill worked out with an is really a pollution budget for a water- And they have done it on a bill that agreement, and conclude that, and Sen- shed. It’s like the Clean Water Act provides emergency funding for many ator DASCHLE and I are continuing to version of a State implementation plan work to see if we can get an agreement urgent national needs, so that the under the Clean Air Act. President is under strong pressure to on how to take up the estate tax issue. The TMDL program was actually en- We may still have some more business sign the bill. acted as part of the original Clean Frankly, I wonder why they have yet this afternoon. Of course, we are Water Act, way back in 1972. For a long going to also wrap up with some con- taken this approach. Why not debate, time, it was dormant. But, in recent in clear public view? What are they firmations from the Executive Cal- years, environmental groups have law- endar; specifically, judges that are afraid of? suits requiring EPA and states to im- Another thing, by using conference pending before we conclude our busi- plement the program. In virtually ness today. reports this way, we further weaken every single case, they have won. the bonds that bind this institution to- f In light of this, EPA decided to revise gether, and reduce public confidence in MORNING BUSINESS its rules for the TMDL program, to our deliberative process. This is no way Mr. LOTT. I ask unanimous consent bring them up to date. To begin with, to run a railroad. the Senate now proceed to a period of it convened a group of stakeholders, The second problem with the provi- morning business, with Senators per- who worked for two years to make rec- sion is substantive. Despite significant mitted to speak up to 10 minutes each. ommendations. Then, last August, EPA progress since 1972, too many of our Mr. WARNER. Reserving the right to proposed new rules. rivers, streams, and lakes do not meet object, could that include, Mr. Leader, Make no mistake about it. These water quality standards. the ability of the Armed Services Com- rules have been controversial. EPA’s proposed rule makes some im- mittee to bring up a package of cleared Like many others, I have been par- portant improvements. At the heart of amendments? ticularly concerned about the proposal it, the rule clarifies the operation of Mr. LOTT. I believe it would. to require many forestry operations to the TMDL program and requires imple- Mr. WARNER. Could I have that ex- get Clean Water Act permits. I thought mentation plans, so that the program ception written into the distinguished EPA was taking a long, winding road becomes more than a paperwork exer- leader’s unanimous consent? that didn’t end up in the right place. cise. At the same time, the rule gives

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 13362 CONGRESSIONAL RECORD—SENATE June 30, 2000 States more time to complete their Trade Commission to investigate if tive fuel to form the cornerstone of our lists, allocations, and plans—a lot more there were any illegal price manipula- energy policy. It is the right fuel to time. tions in the Midwest leading to such bridge the energy and environmental That is a pretty good tradeoff. dramatic price increases. issues facing us. By blocking the rule, we will simply This problem of dependence on im- If we are to have a comprehensive en- delay the tough decisions about how to ported oil has been in the making for ergy policy that strengthens our econ- make the program work. We will per- many years. Our import dependence omy and serves the real needs of Amer- petuate the current outdated, frag- has been rising for the past 2 decades. icans, then we need to dismantle our mented, litigious system. The combination of lower domestic dependence on foreign oil as soon as Most important of all, we will delay, production and increased demand has possible. And the way to do this is to once again, the day when our nation fi- led to imports making up a larger begin using more natural gas—a do- nally has clean streams, rivers, and share of total oil consumed in the mestically abundant fuel—that is safe lakes, from sea to shining sea. United States. In 1992, crude oil im- and reliable to deliver, more environ- I regret that this provision has been ports accounted for approximately 45 mentally friendly than oil, and over included in the conference report and I percent of our domestic demand. Last three times as energy-efficient as elec- will work to reverse the decision at the year crude oil imports accounted for 58 tricity from the point of origin to point earliest opportunity. percent. The Energy Information Ad- of use. I yield the floor and suggest the ab- ministration’s Short-Term Outlook Let me state those facts again: Nat- sence of a quorum. forecasts that oil imports will exceed ural gas is plentiful, efficient, environ- The PRESIDING OFFICER. The 60 percent of total demand this year. mentally friendly, and it is a domestic clerk will call the roll. EIA’s long-term forecasts have oil im- fuel source. The legislative clerk proceeded to ports constituting 66 percent of U.S. Natural gas offers itself as a good call the roll. supply by 2010, and more than 71 per- choice for the fuel of the future. It of- Mr. AKAKA. Mr. President, I ask cent by 2020. fers us many advantages that other unanimous consent that the order for Continued reliance on such large fuels do not. About 85 percent of the the quorum call be rescinded. quantities of imported oil will frus- natural gas consumed in America each The PRESIDING OFFICER. Without trate our efforts to develop a national year is produced domestically. The bal- objection, it is so ordered. energy policy and set the stage for en- ance is imported almost entirely from Mr. AKAKA. Mr. President, I ask ergy emergencies in the future. Canada. We have a large domestic nat- unanimous consent for 15 minutes in For months now, we have watched ural gas resource base and advances in morning business. the price of gasoline and fuel oil rise at exploration and production tech- The PRESIDING OFFICER. Without breakneck speed. All across America, nologies are allowing increased produc- tion. We also have potentially vast re- objection, it is so ordered. families have suffered ever-escalating sources in the form of methane hy- f prices. We have not had a coherent and com- drates. This resource base is yet to be A NATIONAL ENERGY POLICY prehensive energy policy for a long explored. Natural gas is the cleanest fossil fuel. Mr. AKAKA. Mr. President, for most time. Additionally, we have not had a Wider use of natural gas will be more of the 1990s, the average gasoline prices commitment to address our dependence benign to the environment compared to in Honolulu hovered at roughly 25 on foreign sources of oil. Absence of an some other fuel sources. Natural gas cents to 50 cents above the national av- effective policy and a visible commit- would emit reduced levels of green- erage. In June 1999, only 1 year ago, ment to addressing our energy depend- house gas emissions, and would not Hawaii’s price of $1.51 per gallon ence have made us hostage to OPEC’s contribute to acid rain, smog, solid ranked above Oregon’s at $1.44 and the production decision. It has also encour- waste, or water pollution. national average of $1.14. aged Mexico, our NAFTA partner, to We must invest in technologies that As late as last month, according to join OPEC in limiting oil supplies. help facilitate wider application of nat- the Automobile Association of Amer- We all understand that there is no ural gas. New technologies such as ica, Hawaii topped the Nation with an overnight solution to America’s energy micro turbines, fuel cells, and other on- average per gallon price of $1.85, com- problems. We can’t turn this trend site power systems are environ- pared to the next highest state, Ne- around overnight. Tax repeals and mentally attractive. Wider use of these vada, at $1.67 and a U.S. average of other such short-term actions may ap- technologies in the private and public $1.51. pear appealing, given the political cli- sectors must be facilitated. All Federal This month, according to AAA, Ha- mate, and may even provide limited re- research and development programs waii ranked fourth highest with an av- lief in the short run, but they do not should be reevaluated to provide them erage price for regular unleaded of $1.86 provide a solution to our energy prob- with a clear direction. We must boost per gallon. That fell below Illinois with lem. They do not provide a sound basis support for those programs that help an average of $1.98, Michigan at $1.96, for a national energy policy. Their un- replace imported oil. and Wisconsin at $1.91. Still, Hawaii’s intended consequences may be other Transportation demands on imported price was well above the U.S. average problems such as deficits in highway oil remain as strong as ever. Since the of $1.63. and transit funds. oil shock of the 1970s, all major energy It is no pleasure to say that Hawaii The only way to reverse our energy consuming sectors of our economy with has lost this dubious distinction as the problem is to have a multifaceted en- the exception of transportation have State with the Nation’s highest gaso- ergy strategy and remain committed to significantly reduced their dependence line prices. The pocketbooks of Ameri- that strategy. In my judgment, you on oil. The transportation sector re- cans are hurting all over the country. need both of these in equal portions. mains almost totally dependent on oil- There has been no shortage of This will send a clear message to OPEC based motor fuels. The fuel efficiency blame—short supplies, pipeline prob- and their partners about America’s re- of our vehicles needs to be improved. lems, cleaner gasoline requirements, solve. At the same time, we must make a too much driving and gas guzzlers, oil The way to improve our energy out- concerted effort to encourage develop- company manipulations, even an eso- look is to adopt energy conservation, ment and use of alternative vehicle teric patent dispute, to name a few. So encourage energy efficiency, and sup- fuels. Natural gas vehicles should be far, the initial examination of the port renewable energy programs. Above made an integral part of our transpor- causes of the dramatic increase of all, we must develop energy resources tation sector. prices in some areas of the Midwest has that diversify our energy mix and If coal was the energy source of the provided no clear picture. The Clinton strengthen our energy security. Nat- nineteenth century, and oil was the en- administration has asked the Federal ural gas appears to be the most attrac- ergy source of the twentieth century,

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13363 then I submit natural gas can and acting on instructions of his State, he stood ity were men of education and standing. In should be America’s source of energy and proposed: ‘‘That these United Colonies general, each came from what would now be for the twenty-first century. are, and of right ought to be, free and inde- called the ‘‘power structure’’ of his home Americans are demanding an energy pendent States, that they are absolved from State. They had security as few men had it all allegiance to the British Crown, and that in the 18th century. system that will guarantee adequate all political connection between them and Each man had far more to lose from revo- energy for future needs, protect the en- the state of Great Britain is, and ought to lution than he had to gain from it—except vironment, and protect consumers be, totally dissolved.’’ where principle and honor were concerned. It from exploitation. This was no longer opposition to Par- was principle, not property, that brought We are facing numerous problems re- liament. It was revolution against the these men to Philadelphia. In no other light lated to energy such as runaway prices, Crown. can the American Revolution be understood. shortages, increases in pollution, self- American histories sometimes gloss over John Hancock, who had inherited a great the fact that passage of the Declaration of fortune and who already had a price of 500 sufficiency, and the effect of energy on pounds on his head, signed in enormous let- our economy. While not a panacea, it is Independence was by no means assured. Many of the men assembled in Philadelphia ters, so ‘‘that His Majesty could now read his clear to this Senator that increased use were at best reluctant rebels. There were name without glasses, and could now double of natural gas must be the center of many moderates among them, men des- the reward.’’ There was more than one ref- America’s energy strategy. perately aware of, and fearful of, the fruits of erence to gallows humor that day in August. The American people deserve better war. Immediately after Lee made his pro- Ben Franklin said, ‘‘Indeed we must all than the status quo. Natural gas is posal, a majority of the Congress stood hang together. Otherwise we shall most as- America’s energy solution. against it. It took 4 days of the passion and suredly hang separately.’’ brilliance of the Adamses of Massachusetts And fat Benjamin Harrison, of Virginia, f and other patriots such as Virginian Thomas told tiny Elbridge Gerry of Massachusetts, REMEMBERING THE SACRIFICES Jefferson to secure a bare majority of one— ‘‘With me it will all be over in a minute. But you, you’ll be dancing on air an hour after MADE FOR FREEDOM and then, on a South Carolina resolution, the matter was postponed until the 1st of I’m gone.’’ These men knew what they Mr. THURMOND. Mr. President, too July. risked. The penalty for treason was death by often we take our independence for Many men hoped it had been postponed for- hanging. William Ellery, of Rhode Island, was curi- granted, forgetting that countless indi- ever. But John Adams shrewdly gave Thom- ous to see the signers’ faces as they com- viduals paid high prices for the privi- as Jefferson—unquestionably the best writer mitted this supreme act of courage. He in Congress, and perhaps the man with the lege of living in a free Nation. Many inched his way close to the secretary who fewest political enemies—the task of draft- lost their lives and their families, not held the parchment and watched intently. He ing a declaration of independence, and, to mention their way of life. Recently saw some men sign quickly, to get it done meanwhile with his fellow Massachusetts I received some information from with, and others dramatically draw the mo- man, John Hancock, set to work. What hap- ment out. But in no face, as he said, was he Major George Fisher, Georgia National pened between then and the evening of July able to discern real fear. Stephen Hopkins, Guard, regarding the men who signed 4, 1776, when a vote for adoption of one of the Ellery’s colleague from Rhode Island, was a the Declaration of Independence. Upon world’s great documents was carried unani- man past 60 and signed with a shaking hand. having the Congressional Research mously, has filled many books. Some of the But he snapped, ‘‘My hand trembles, but my story—the quarrels, compromises, controver- Service obtain the entire article, I was heart does not.’’ sies, and backroom conferences—as Adams informed that it had previously been These men were all human, and therefore admitted, would never be told. entered in the RECORD by Congressman fallible. The regionalism, backbiting, wor- What happened was that in the course of William L. Springer, Illinois, in July of ries, nepotism, and controversies among this human events the hour had grown later than Congress have all had their chroniclers. Per- 1965. The original article was written many of the gentlemen sitting in Philadel- haps, as Charles Thomson once admitted, the by T. R. Fehrenbach, an American his- phia had realized. State after State in- new nation was ‘‘wholly indebted to the torian. structed delegates to stand for independence, agency at Providence for its successful In light of the upcoming anniversary even though some States held back to the issue.’’ But whether America was made by last, and finally four delegates resigned rath- of the signing of the Declaration of Providence or men, these 56, each in his own er than approve such a move. Independence, I believe that this arti- way, represented the genius of the American After 4 world-shaking days in July, Thom- cle is worthy of printing again as a re- people, already making something new upon as Jefferson’s shining document was adopted minder of the sacrifices made for our this continent. freedom. without a dissenting vote, and on July 4 Whatever else they did, they formalized John Hancock signed it as President of Con- I ask unanimous consent to have what had been a brush-popping revolt and gress, Charles Thomson, Secretary, attest- gave it life and meaning, and created a new printed in the RECORD, ‘‘What Hap- ing. Four days later, July 8, ‘‘freedom was pened to the Men Who Signed the Dec- nation, through one supreme act of courage. proclaimed throughout the land.’’ Everyone knows what came of the Nation laration of Independence.’’ The Declaration of Independence was or- they set in motion that day. Ironically, not There being no objection, the mate- dered engrossed on parchment, and August 2, many Americans know what became of these rial was ordered to be printed in the 1776, was set for its formal signing by the 56 men, or even who they were. RECORD, as follows: Members of Congress. The actual signing of Some prospered. Thomas Jefferson and such a document, under British or any other [From the Congressional Research Service] John Adams went on to become Presidents. law of the time, was a formal act of treason Samuel Adams, John Hancock, Josiah Bart- WHAT HAPPENED TO THE MEN WHO SIGNED THE against the Crown. But every Member even- lett, Oliver Wolcott, Edward Rutledge, Ben- DECLARATION OF INDEPENDENCE? tually—some were absent on August 2— jamin Harrison and Elbridge Gerry lived to (By T. R. Fehrenbach) signed. become State Governors. Gerry died in office On the 7th of June 1776, a slender, keen- What sort of men were these, who pledged as Monroe’s Vice President. Charles Carroll, eyed Virginia aristocrat named Richard their ‘‘lives, fortunes, and sacred honor,’’ of Carrollton, Md., who was the richest man Henry Lee rose to place a resolution before with a British fleet already at anchor in New in Congress in 1776, and who risked the most, the Second Continental Congress of the York Harbor? founded the Baltimore & Ohio Railroad in United Colonies of North America, meeting For rebels, they were a strange breed. Al- 1828. Most Americans have heard these in State House off Chestnut Street, in Phila- most all of them had a great deal of all three names. delphia. Lee had his instructions from the things they pledged. Ben Franklin was the Other signers were not so fortunate. Virginia Assembly, and he would fulfill only really old man among them; 18 were The British even before the list was pub- them, but this was one of the hardest days of still under 40, and three still in their lished, marked down all Members of Con- his life. The 13 British Colonies of America twenties. Twenty-four were jurists or law- gress suspected of having put their names to were already far gone in rebellion against yers. Eleven were merchants, and nine were treason. They all became the objects of vi- what they considered the tyranny of the landowners or rich farmers. The rest were cious manhunts. Some were taken; some, English Parliament. The shots heard round doctors, ministers, or politicians. With only like Jefferson, had narrow escapes. All of the world had been fired at Lexington and a very few exceptions, like Samuel Adams of those who had families or property in areas Concord; blood had flowed at Breed’s Hill in Massachusetts, whom well-wishers furnished where British power flowed during the war Boston. a new suit so he might be presentable in Con- which followed, suffered. Lee still believed there was time to com- gress, they were men of substantial property. None actually was hanged. There were too promise with the British Government. But, All but two had families, and the vast major- many Britons, like William Pitt, the old

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 13364 CONGRESSIONAL RECORD—SENATE June 30, 2000 Earl of Chatham, who even during a vicious younger Clarks were treated with especial tory and yet were seemingly always dilatory, and brutal war would not have stood for brutality because of their father. One was landed troops south of Philadelphia, on that. But in 1776, the war had almost 8 gruel- put in solitary and given no food. The Brit- Chesapeake Bay. These marched north, to ing years to run, and the signers suffered. ish authorities offered the elder Clark their defeat Washington at Brandywine and again Their fortunes were caught up in the for- lives if he would recant and come out for at Germantown. Congress fled to Baltimore, tunes of war. King and Parliament. Over the dry dust of and Lord Howe took Philadelphia on Sep- The four delegates from New York State two centuries, Abraham Clark’s anguish can tember 27. On the way, his men despoiled the were all men of vast property, and they only be guessed at as he refused. home of Pennsylvania signer George Clymer signed the Declaration with a British fleet When they occupied Princeton, N.J., the in Chester County, Clymer and his family, standing only miles from their homes. By British billeted troops in the College of New however, made good their escape. August 2, 1776, the government of New York Jersey’s Nassau Hall. Signer Dr. John The family of another signer, Dr. Benjamin had already evacuated New York City for Witherspoon was president of the college, Rush, was also forced to flee to Maryland, White Plains. When they put their names to later called Princeton. The soldiers trampled though Rush himself stayed on as a surgeon the Declaration, the four from New York and burned Witherspoon’s fine college li- with the Army. Rush had several narrow es- must have known that they were in effect brary, much of which had been brought from capes. signing their property away. Scotland. Signer John Morton who had long been a The British landed three divisions on Long But Witherspoon’s good friend, signer Tory in his views, lived in a strongly Loy- Island on August 27. In a bloody battle, Richard Stockton, suffered far worse. Stock- alist area of the State. When Morton had Washington’s untrained militia was driven ton, a State supreme court justice, had come out for independence, it turned his back to Harlem Heights. British and Hessian rushed back to his estate, Morven, near neighbors, most of his friends, and even his soldiers now plundered the mansion of signer Princeton, in an effort to evacuate his wife relatives against him, and these people, who Francis Lewis at Whitestone; they set it and children. The Stockton family found ref- were closest to Morton, ostracized him. He afire and carried his wife way. Mrs. Lewis uge with friends—but a Tory sympathizer be- was a sensitive, troubled man, and many ob- was treated with great brutality. Though she trayed them. Judge Stockton was pulled servers believed this action killed him. John was exchanged for two British prisoners from bed in the night and brutally beaten by Morton died in 1777. His last words to his tor- through the efforts of Congress, she died the arresting soldiers. Then he was thrown mentors were, ‘‘Tell them that they will live from the effects of what had been done to into a common jail, where he was delib- to see the hour when they shall acknowledge her. erately starved. it [the signing] to have been the most glo- British troops next occupied the extensive A horrified Congress finally arranged for rious service that I ever rendered to my estate of William Floyd, though his wife and Stockton’s parole, but not before his health country.’’ children were able to escape across Long Is- was ruined. Finally the judge was released as On the same day Washington retook Tren- land Sound to Connecticut. Here they lived an invalid who could no longer harm the ton, the British captured Newport, R.I. Here, as refugees for 7 years. Without income, and British cause. He went back to Morven. He they wantonly destroyed all of Signer Wil- eventually came home to find a devastated found the estate looted, his furniture and all liam Ellery’s property and burned his fine ruin ‘‘despoiled of almost everything but the his personal possessions burned, his library, home to the ground. naked soil.’’ the finest private library in America, de- The grand scheme to separate New Eng- Signer Philip Livingston came from a ba- stroyed. His horses had been stolen, and even land by General Burgoyne’s march from Can- ronial New York family, and Livingston him- the hiding place of the family silver had been ada was foiled at Saratoga in 1777; this vic- self had built up an immensely lucrative im- bullied out of the servants. The house itself tory eventually brought the French into the port business. All his business property in still stood; eventually it was to become the war on the American side. But after des- New York City was seized as Washington re- official residence of New Jersey’s Governors. ultory fighting here and there, by 1779 the treated south to Jersey, and Livingston’s Richard Stockton did not live to see the British seemed to have the war well in hand. town house on Duke street and his country triumph of the Revolution. He soon died, and Washington had held a small, professional estate on Brooklyn Heights were confiscated. his family was forced to live off charity. Continental Army intact, and with European Livingston’s family was driven out, becom- About this same time, the British sent a instructors like von Steuben and Lafayette ing homeless refugees, while he himself con- party to the home of New Jersey signer it was being drilled into a compact, dis- tinued to sell off his remaining property in Francis Hopkinson at Bordentown, and ciplined force. Washington was seemingly an effort to maintain the United States cred- looted it, also. too weak, however, openly to challenge the it. Livingstone died in 1778, still working in By December 1776, Washington’s dwindling heavily armed British forces again. The sea- Congress for the cause. band of patriots had been pushed across the ports were captured or blockaded, and Amer- The fourth New Yorker, Lewis Morris, of Delaware, into Pennsylvania. The Revolu- ican shipping driven from the seas. The Westchester County, saw all his timber, tion had entered its first great period of cri- northern colonies seemed neutralized, and crops and livestock taken, and he was barred sis. One by one, the important people of the British turned their main effort south. from his home for 7 years. He continued Philadelphia were mouthing Loyalist senti- Like the men from New York, the South fighting as a brigadier general in the New ments, or concocting private ways of making Carolina signers were all landed aristocrats. York militia. their peace with the Crown. But signer Rob- They had, as a body, reflected Carolina’s As Washington’s men commenced their ert Morris, the merchant prince of Philadel- luke-warm attitude toward independence. painful retreat across New Jersey, it began phia, was not among these. Morris, who had The Carolinians were all young—average to seem that the Revolution would fall. Now honestly and sincerely opposed the Declara- age, 29—and all had studied in England. But American Tories or Loyalists to the Crown tion of Independence because he felt the in the end they had joined the majority in began to make themselves known, helping colonies were unready but who had signed in the interest of solidarity, and after signing the advancing British and Hessians to ferret the end, was working his heart and his credit they had all entered military service. out the property and families of the Jersey out for the Revolution. Washington’s troops While serving as a company commander, signers. When John Hart of Trenton risked were unprovisioned and unpaid; the United Thomas Lynch, Jr.’s health broke from pri- coming to the bedside of his dying wife, he Colonies’ credit, such as it was, had col- vation and exposure. His doctors ordered him was betrayed. lapsed. to seek a cure in Europe, and on the voyage Hessians rode after Hart. He escaped into Morris used all his great personal wealth he and his young wife were drowned at sea. the woods, but the soldiers rampaged over and prestige to keep the finances of the Rev- The other three South Carolina signers, his large farm, tearing down his grist mills, olution going. More than once he was to be Edward Rutledge, Arthur Middleton, and wrecking his house, while Mrs. Hart lay on almost solely responsible for keeping Wash- Thomas Heyward, Jr., were taken by the her deathbed. Hart, a man of 65, was hunted ington in the field, and in December 1776, British in the siege of Charleston. They were down across the countryside and slept in Morris raised the arms and provisions which carried as prisoners of war to St. Augustine, caves and woods, accompanied only by a dog. made it possible for Washington to cross the Fla., and here they were singled out for in- At last, emaciated by hardship and worry, Delaware and surprise the Hessian Colonel dignities until they were exchanged at the he was able to sneak home. He found his wife Rall at Trenton. This first victory, and end of the war. Meanwhile, the British roam- long-buried. His 13 children had been taken Washington’s subsequent success at Prince- ing through the southern countryside had away. A broken man, John Hart died in 1779 ton, were probably all that kept the colonies made a point of devastating the vast prop- without ever finding his family. in business. erties and plantations of the Rutledge and Another New Jersey signer, Abraham Morris was to meet Washington’s appeals Middleton families. Clark, a self-made man, gave two officer sons and pleas year after year. In the process, he The 2 years beginning in 1779 were the to the Revolutionary Army. They were cap- was to lose 150 ships at sea, and bleed his ugliest period of the war. There was sharp tured and sent to the British prison hulk in own fortune and credit almost dry. fighting in the South, which sometimes de- New York Harbor—the hellship Jersey, where In the summer of 1777 the British, who volved into skirmishes and mutual atrocities 11,000 American captives were to die. The were seemingly always near the point of vic- between Americans for independence and

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13365 Americans who still stood with the Crown. Jefferson as Governor of Virginia, and was lective destiny and gave the inter- There had always been strong Loyalist senti- still Governor in 1781. national community a reason to cele- ment in the South, as in the Middle Atlantic Lord Cornwallis and his staff had moved brate rather than lament conditions in States; plantations and homes on either side their headquarters into Nelson’s home. This Africa. were raided and burned, and women, chil- was reported by a relative who was allowed dren, and even slaves were driven into the to pass through the lines. And while Amer- For twenty years, politics in woods or swamps to die. ican cannon balls were making a shambles of Zimbabwe had been dominated by one The British soon conquered all the thin the town, leaving the mangled bodies of Brit- party and indeed one man. President coastal strip which was 18th century Geor- ish grenadiers and horses lying bleeding in Mugabe had the support of all but gia. Signer Button Gwinnett was killed in a the streets, the house of Governor Nelson re- three members of the 150-seat Par- duel in 1777, and Col George Walton, fighting mained untouched. liament. Changes to Zimbabwe’s con- for Savannah, was severely wounded and cap- Nelson asked the gunners: ‘‘Why do you stitution, even when rejected by voters tured when that city fell. The home of the spare my house?’’ as they were in February, could still be third Georgia signer, Lyman Hall, was ‘‘Sir, out of respect to you,’’ a gunner re- burned and his rice plantation confiscated in plied. passed through this compliant legisla- the name of the Crown. ‘‘Give me the cannon,’’ Nelson roared. At ture, enabling the executive to con- One of the North Carolina signers, Joseph his insistence, the cannon fired on his mag- tinue to shore up power and ignore the Howes, died in Philadelphia while still in nificent house and smashed it. growing chorus of protest from citizens Congress, some said from worry and over- After 8 days of horrendous bombardment, a disgusted by corruption and distressed work. The home of another, William Hooper, British drummer boy and an officer in scar- by mismanagement. But this week, the was occupied by the enemy, and his family let coats appeared behind a flag of truce on tide turned in Zimbabwe. Without ac- the British breastplates. The drum began to was driven into hiding. cess to the state-run media and with- By 1780 the fortunes of war had begun to beat ‘‘The Parley.’’ change. Local American militia forces de- Cornwallis was asking General Washing- out significant financing, opposition feated the King’s men at King’s Mountain. ton’s terms. candidates still managed to win fifty- Realizing that the war was to be decided in On October 19, the British regulars eight parliamentary seats and end the the South, Washington sent Nathanael marched out of Yorktown, their fifes wailing ruling party’s stranglehold on the Greene dance, as the saying went, with Lt. ‘‘The World Turned Upside Down.’’ They state. Gen. Lord Cornwallis, the British com- marched through a mile-long column of Mr. President, the world’s attention mander. Cornwallis did not like the dance at French and Americans, stacked their arms, was focused on Zimbabwe over the all, and slowly retreated northward toward and marched on. It was, as Lord North was weekend because of the disturbing to say in England when he heard the news, the Chesapeake. At Yorktown, a Virginia vil- events that led up to the balloting. Op- lage surrounded on three sides by water, all over. Cornwallis established what he thought was But for Thomas Nelson the sacrifice was position candidates and supporters an impregnable base. No matter what hap- not quite over. He had raised $2 million for have been intimidated, beaten, and pened on land, Cornwallis felt he could al- the Revolutionary cause by pledging his own even, in more than 25 cases, killed. ways be supplied and rescued, if need be, by estates. The loans came due; a newer peace- International assessment teams have sea. It never occurred to the British staff time Congress refused to honor them, and indicated that given this violent pref- that Britannia might not always rule the Nelson’s property was forfeit. He was never ace, these elections were not free and reimbursed. waves. fair. Now began the crucial action of the war, He died a few years later at the age of 50 living with his large family in a small and But as we acknowledge these flaws, the time Washington had been waiting for even as we recognize the poisoned envi- with exquisite patience. A powerful French modest house. squadron under Admiral de Grasse arrived at Another Virginia signer, Carter Braxton, ronment in which citizens of Zimbabwe the mouth of the Chesapeake from Haiti and was also ruined. His property, mainly con- were called upon to make their choice, gained temporary naval superiority off the sisting of sailing ships, was seized and never we must also appreciate the courage of Virginia coast. Under carefully coordinated recovered. the voters and the historic changes plans, Washington and the French General These were the men who were later to be they have brought to their country. Rochambeau marched south from New York called ‘‘reluctant’’ rebels. Most of them had Zimbabwe is still, without question, a to Annapolis, where De Grasse transported not wanted trouble with the Crown. But when they were caught up in it, they had country in crisis. But the people of the allied army across Chesapeake Bay. At Zimbabwe themselves have taken a de- the same time, General the Marquis de La- willingly pledged their lives, their fortunes, fayette was ordered to march upon York- and their sacred honor for the sake of their cisive step toward resolving that crisis. town from his position at Richmond. country. In the face of violence and intimida- By September 1781, Cornwallis and the It was no idle pledge. Of the 56 who signed tion, a remarkable number of voters main British forces in North America found the Declaration of Independence, 9 died of chose a peaceful and rule-governed ex- themselves in a trap. French warships were wounds or hardships during the war pression of their will, and the power in Five were captured and imprisoned, in each at their rear. Regular forces—not the badly their statement has fundamentally armed and untrained militia the British had case with brutal treatment. Several lost wives, sons, or family. One changed the nature of governance in pushed around on the battlefield for years— Zimbabwe and silenced the pessimists closed in on them from the front. By October lost his thirteen children. All were, at one 9, Washington’s and Rochambeau’s armies time or another, the victims of manhunts, who claimed that Zimbabwe was al- had dug extensive siege works all around and driven from their homes. ready hopeless and lost. Yorktown, so there could be no escape. Now Twelve signers had their houses burned. In the wake of these elections, many the bombardment began. The greatest guer- Seventeen lost everything they owned. challenges remain in Zimbabwe. The rilla war in history was coming to a classic Not one defected or went back on his next round of presidential elections close. pledged word. must be conducted in a free, fair, and Murderous fire from 70 heavy guns began There honor and the Nation they did so much to create, is still intact. democratic manner. Genuine, rule-gov- to destroy Yorktown, piece by piece. erned land reform must move forward. As the bombardment commenced, signer But freedom, on that first Fourth of July, Thomas Nelson of Virginia was at the front came high. The economy must be repaired, step by in command of the Virginia militia forces. In f step. Zimbabwe, along with the other African states that have troops in the 1776 Nelson had been an immensely wealthy ELECTIONS IN ZIMBABWE tobacco planter and merchant in partnership Democratic Republic of the Congo, with a man named Reynolds. His home, a Mr. FEINGOLD. Mr. President, I rise must extricate itself from the costly stately Georgian mansion, was in Yorktown. to congratulate the people of conflict. And perhaps most impor- As the Revolution began, Nelson said, ‘‘I am Zimbabwe on their participation in the tantly, government and civil society a merchant of Yorktown, but I am a Vir- historic elections that took place over alike must address the devastating ginian first. Let my trade perish. I call God the weekend. So often, events in Africa to witness that if any British troops are AIDS crisis head-on. landed in the County of York, of which I am are only mentioned on this floor and in International support and assistance lieutenant, I will wait for no orders, but will the press only in the event of crisis or will be critical to these efforts. The summon the militia and drive the invaders tragedy. But only days ago, the people Zimbabwe Democracy Act, a bill intro- into the seas.’’ Nelson succeeded Thomas of Zimbabwe seized control of their col- duced by Senator FRIST and of which I

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 13366 CONGRESSIONAL RECORD—SENATE June 30, 2000 was an original co-sponsor, recognizes markets are working just fine. For stock had dropped, some by as much as both the obvious need for more thirty years, they have been character- 30 percent. progress toward democracy and the ized by falling prices, rising perform- This decline is no coincidence. Ac- rule of law in Zimbabwe, and the need ance, and increased choice: cording to a study recently published for international support. I hope that According to the Commerce Depart- in the Journal of Financial Economics, the conditions laid out in that bill for ment, quality-adjusted prices for com- whenever the government’s antitrust resumption of a complete program of puter memory chips have declined 20 suit has scored a victory against bilateral assistance will be met expedi- percent per year since 1985; Microsoft, an index of non-Microsoft tiously. And I am glad that, in the A chip that sold for $1778 in 1974 cost computer stocks falls. When Microsoft meantime, the bill ensures that U.S. just 47 cents in 1996; and according to wins a round, those computer stocks assistance will continue to bolster the CBO, software prices have been rise. democratic governance and the rule of falling between 3 and 15 percent per Judge Jackson may have ruled law, humanitarian efforts, and land re- year on average. against Microsoft, but the markets form programs being conducted outside Meanwhile, new products are being have ruled against government inter- the auspices of the government of introduced every day. There are cur- ference in the New Economy. Zimbabwe. This bill has passed the rently over 25,000 applications designed Mr. President, the only monopoly Senate, and I hope that the House will to run on Windows, yet the fastest consumers need to worry about in the pass it soon, as it contains particularly growing segment of the market in- Microsoft case is the monopoly govern- timely provisions which will assist in- cludes so-called ‘‘Microsoft-Free’’ ap- ment regulation has over private in- dividuals and institutions who accrue plications. dustry. costs of penalties in the pursuit of elec- Mr. President, I am one of the most Having stood on the sidelines while tive office or democratic reforms. computer illiterate members of the American’s high-tech community led So again, I extend my congratula- United States Senate, but I can pull the American economy into the twen- tions to the people of Zimbabwe on airline flight information off the inter- ty-first century, the government is their historic vote, and I urge my col- net faster than anybody here. I use my now stepping in and telling those same leagues to take note of the potential Palm Pilot to do it. The Palm Pilot corporations how to run their business. for real change and real progress that doesn’t have any Microsoft products in Economic regulation used to be pop- exists within Zimbabwean society and it. You can browse the internet with ular in Washington, DC. At one point indeed within many of the countries of your cell phone too. Again, no Micro- in the late 1970s, the federal govern- Africa. Africa is not a hopeless con- soft. ment controlled the pricing and mar- tinent. One cannot paint the entire re- And just recently, Linux-based soft- ket access of all our transportation in- gion in the same depressing and fatal- ware writer Red Hat announced a part- dustries—trucking, airlines, rail, and istic shades. And Mr. President, I in- nership with Dell Computer to accel- pipeline—as well as the energy indus- tend to come to this floor to highlight erate the commercial adoption of the try. the promise and the achievements of Linux operating system. This new sys- Today, those regulations are gone, the diverse region in the remaining tem would compete directly with Win- and we are all better off. The last twen- weeks of this session, in an effort to dows-based computers. ty years of economic growth and pros- counter the lazy, misguided analysis Lower prices, better performance, in- perity demonstrates that those regula- that suggests we should wash our creased choice—Mr. President, there is tions did the economy more harm than hands of engagement with this remark- no market failure in our domestic com- good. able part of the world. puter industry. To suggest otherwise In many ways, our anti-trust laws f doesn’t pass the laugh test. are the last toe-hold of economic regu- THE MICROSOFT CASE Nor does the suggestion that con- lation in the federal code. sumers are better off following Judge Unfortunately, it’s a growing toe- Mr. CRAIG. Mr. President, Judge hold. The number of investigations by Learned Hand once observed: ‘‘The suc- Jackson’s ruling. All the evidence sug- the Justice Department under our anti- cessful competitor, having been urged gests just the opposite. to compete, must not be turned upon One unique aspect of today’s econ- trust laws has exploded in recent years, when he wins.’’ omy is that America’s consumers are rising from 134 in 1995 to 276 in 1997. For Microsoft and the rest of our do- also America’s owners. Fully one-half Which begs the question, who’s next? mestic high-tech industry, it may be of American families own stock in Now that the Justice Department has too late to heed Judge Hand’s warning. American companies. Those families been turned loose, who are the other Whatever justification the Justice have been hurt by the Microsoft case. innovative companies that might want Department used for its actions On April 3, Judge Jackson issued his to ensure that their lawyer’s retainers against Microsoft, the real measure of finding of law. That day, the Nasdaq are fully paid? success in the Microsoft case is how it stock index crashed. It fell a record 349 Intel: With a market share of 80 per- affects American consumers and the points. That’s a loss to Americans of cent, Intel is by far the leader in sales American economy. about $450 billion—or about 5 percent of the microprocessor market for PCs. From their perspective, the verdict is of our national income. While this lead seems reasonable, since clear: The Justice Department’s suit Gone, in one day. Intel invented the first microprocessor against Microsoft is bad for consumers, Mr. President, a basic premise of in 1971, innovation isn’t a defense in bad for high-tech markets, and bad for anti-trust action is to defend con- anti-trust law. Intel’s profit margins the country. sumers. We want to protect competi- have exceeded 20 percent for the past Mr. President, our anti-trust laws are tion, not competitors. five years. unlike health and safety regulations. Yet, in the Microsoft case, it was the AOL: With almost 25 million online Their purpose isn’t to protect the phys- competition that pointed the finger. subscribers, AOL is the clear worldwide ical well being of citizens, but rather Actual consumers were notably absent. leader in online services. Investor Re- their pocketbooks. So how did the markets treat search says: ‘‘The service has contin- Like other forms of economic regula- Microsoft’s competition following ued to make significant gains in the tion, a successful effort requires two Judge Jackson’s ruling? Poorly. number of customers, despite charging conditions. First, there must exist a Of the companies that testified a monthly fee of $21.95 that is higher market failure. Second, the govern- against Microsoft—Intel, IBM, Compaq, than the industry’s standard fee of ment must be in a position to fix that Oracle, AOL, Sun Microsystems, In- $19.95.’’ Do higher fees indicate monop- market failure. tuit, Apple, and Gateway—only one oly rents? The case against Microsoft fails both saw its stock rise in the month fol- Cisco: Cisco Systems is the world’s conditions. Our domestic computer lowing the Judge’s ruling. Every other largest supplier of high performance

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13367 computer internetworking systems. It services. David Walker, Comptroller chess games with bankruptcy reform, supplies the majority of networking General for the General Accounting Of- and they’re willing to use family farm- gear used for the internet. According fice, stated recently in a June 1st ers as pawns to be expended in pursuit to Investor Research: ‘‘Demand for Washington Post piece by David Broder of some larger goal. switches is being driven by a need for that ‘‘. . . it is not clear that the re- Mr. President, with the sluggishness greater bandwidth by corporate users: maining federal employees are capable we have in the farm sector, I think it’s Cisco dominates this market.’’ Mr. of monitoring the cost and quality of just plain wrong to play games with President, the term dominates is bad in the outsourced activities.’’ The ability family farmers. Senator LOTT and the the anti-trust world. to monitor costs is essential if the Con- Republican leadership have tried to EBAY: EBAY operates the world’s gress is to exercise proper oversight of move the bankruptcy bill repeatedly largest person-to-person online trading federal funds spent to carry out serv- and have been stymied every step of community, with more than 10 million ices by either contractors or federal the way. We need to help our family registered users and 3 million items employees. farmers, not play games with their fu- listed for sale. You can purchase an- We also want to ensure an even play- tures. The opponents of bankruptcy re- tiques, coins, collectibles, computers, ing field between contractors and fed- form have resorted to tactics which are memorabilia, stamps, and toys on eral employees when competing for morally bankrupt. EBAY from other individuals. Profit work. The public-private competitions Mr. President, back in the mid-1980’s Margins: 70 percent plus. Seven Zero. required by the TRAC Act will deter- when Iowa was in the midst of another One irony in the Microsoft case is mine how best the federal government devastating farm crisis, I wrote chap- that Netscape, the frequently cited can save money on its many critical ter 12 to make sure that family farmers ‘‘victim’’ in the case against Microsoft, services. Our bill doesn’t guarantee any would receive a fair shake when deal- was in 1996 clearly a monopoly player pre-determined outcome in a public- ing with the banks and the Federal in its own right, with over 80 percent of private competition, but rather ensures Government. At that time, I didn’t the browser market. Now, Netscape is that these competitions occur. know if chapter 12 was going to work owned by AOL, another monopoly-sized Contractors have historically played or not, so it was only enacted on a tem- player. a role in delivering government serv- porary basis. America’s high tech community used ices and will continue to do so. There- Chapter 12 has been an unmitigated to shun government interference. They fore, our bill will allow the federal success. As a result of chapter 12, many would be smart to continue to do so. agencies to see who completes work farmers who once faced total financial The companies that encouraged the most effectively, regardless of who de- ruin are still farming and contributing Microsoft lawsuit made a Faustian bar- livers the service. to America’s economy. As was the case gain. Now that the government has fo- f in the dark days of the mid-1980s, some cused on this industry, it may be dif- are again predicting that farming oper- EXPIRATION OF CHAPTER 12 OF ficult to turn its attention elsewhere. ations should be consolidated and we That’s too bad. The case against THE BANKRUPTCY CODE should turn to corporate farming to Microsoft has hurt the high tech com- Mr. GRASSLEY. Mr. President, at supply our food and agricultural prod- munity where it counts—in its pocket- this time, I am seeking recognition in ucts. As with the 1980s, some people book. But the full cost of this ill-ad- order to call to my colleagues’ atten- seem to think that family farms are in- vised attack remains to be seen. Right tion something that will happen today. efficient relics which should be allowed now, America stands alone atop the At midnight today, bankruptcy protec- to go out of business. This would mean New Economy. Increased government tions for family farmers will disappear. the end of an important part of our Na- intervention is a good way to ensure Chapter 12 of the Bankruptcy Code will tion’s heritage. And it would put many that dominance doesn’t last. expire. And America’s family farming hard working American families—those f operation will be exposed to fore- who farm and those whose jobs depend closure and possible forced auctions. I on a healthy agricultural sector—out THE TRUTHFULNESS, RESPONSI- think this will be a clear failure on the of work. BILITY AND ACCOUNTABILITY IN part of the Congress and the President But the family farm didn’t disappear CONTRACTING ACT to do their duty. How did we get here? in the 1980s, and I believe that chapter Mr. ROBB. Mr. President, I am After all, the Senate and House have 12 is a major reason for the survival of pleased to be joined by several of my passed bankruptcy reform bills which many financially troubled family colleagues in support of the Truthful- made chapter 12 permanent. But a farms. An Iowa State University study ness, Responsibility and Account- small minority of Senators who oppose prepared by professor Neil Harl found ability in Contracting Act, or the bankruptcy reform have apparently de- that 85 percent of the Iowa farmers TRAC Act. We look forward to drop- cided that they would rather see Amer- who used chapter 12 were able to con- ping our bill when the Senate returns ica’s family farmers with no last-ditch tinue farming. That’s real jobs for all from the July 4th recess. safety net than let the House and Sen- sorts of Iowans in agriculture and in The TRAC Act simply stated, seeks ate even convene a conference com- industries which depend on agriculture. the best value for the federal dollar. Its mittee in order to get the two bills rec- According to the same study, 63 per- main objectives are instituting public- onciled. cent of the farmers who used chapter 12 private competition and tracking But even with these stall tactics, the found it helpful in getting them back costs. My colleagues and I agree that House and Senate have met informally on their feet. In short, I think it’s fair improvements to service contracting to resolve the bankruptcy bills. The in- to say that chapter 12 worked in the should be made, and this bill is one formal agreement, of course, will make mid 1980s, and it should be made per- way to achieve that. chapter 12 permanent. If we were al- manent so that family farmers in trou- Our bill directs federal agency cer- lowed to pass this bill, America’s fam- ble today can get breathing room and a tification before entering into new con- ily farmers would never again face the fresh start if that’s what they need to tracts. These standards include estab- prospect of having no bankruptcy pro- make it. It’s shameful that some Sen- lishing agency-wide reporting systems tections. ators who know better are continuing to report contracting efforts; requiring That’s right Mr. President, we have to play politics and deny a fresh start public-private competition; and review- the power right now to give family to family farmers. ing contractor work and recompeting farmers last-ditch protection against But the bankruptcy reform bill that work if appropriate. foreclosures and forced sales. But, doesn’t just make chapter 12 perma- Why the new standards? So we can some of our more liberal friends won’t nent. Instead, the bill makes improve- better ascertain what the federal gov- let that happen. Some members of this ments to chapter 12 so it will be more ernment is spending for government body have just decided to play political accessible and helpful for farmers.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 13368 CONGRESSIONAL RECORD—SENATE June 30, 2000 First, the definition of family farmers tion’s media has been awash with ef- sure, and once again call for quick ac- is widened so that more farmers can forts by 501(c)(6) corporations to con- tion upon more comprehensive disclo- qualify for chapter 12 bankruptcy pro- vey their political messages. Yet, our sure legislation. tections. Second, and perhaps most im- financing system fails to require these f portantly, the House and Senate agreed groups to provide expenditure and NOMINATION OF DONALD to reduce the priority of capital gains donor information. This is wrong. MANCUSO tax liabilities for farm assets sold as a Recently, I cast a vote that would part of a chapter 12 reorganization seem to be in conflict with my support Mr. GRASSLEY. Mr. President, I plan. This will have the beneficial ef- of H.R. 4762. I voted against similar would like to take a moment today to fect of allowing cash-strapped farmers language in an amendment to the De- tell my colleagues why I oppose the to sell livestock, grain and other farm partment of Defense Authorization bill. nomination of Mr. Donald Mancuso. assets to generate cash flow when li- It is important to note, however, that I would like my colleagues to under- quidity is essential to maintaining a my vote was on a constitutional point stand why I have placed a hold on Mr. farming operation. Together, these re- of order. If the Section 527 amendment Mancuso’s nomination. forms will make chapter 12 even more was included in the Defense bill, it Mr. Mancuso has been nominated to effective in protecting America’s fam- would have converted the bill into a be the Inspector General (IG) at the ily farms during this difficult period. revenue measure originating in the Department of Defense (DOD). Mr. President, it’s imperative that Senate and caused the defense author- Mr. President, over the years, I have we keep chapter 12 alive. Before we had ization bill to be blue-slipped—essen- made a habit out of watching the chapter 12, banks held a veto over reor- tially killed—when it is sent to the watchdogs. I have tried hard to make ganization plans. They wouldn’t nego- House. This is not a matter of mere se- sure the IG’s do their job. I want the tiate with farmers, and the farmer mantics, it is mandated by the Con- IG’s to be a bunch of junk yard dogs would be forced to auction off the farm, stitution. Regardless of the legisla- when it comes to overseeing their re- even if the farm had been in the family tion’s merits, as a senator I must up- spective departments. for generations. Now, because of chap- hold the Constitution. My vote reflects In doing this oversight work, I have ter 12, the banks are willing to come to this duty. learned one important lesson: the IG’s terms. We must pass the bankruptcy But with H.R. 4762, the procedural ob- must be beyond reproach. reform bill to make sure that Amer- structions were removed. I support ac- Now that Mr. Mancuso’s nomination ica’s family farms have a fighting tive disclosure in our campaign financ- has been submitted to the Senate for chance to reorganize their financial af- ing system. By making contributions confirmation, this is the question we— fairs. public, the American people can decide in this body—must wrestle with: DISCLOSURE BY SECTION 527 ORGANIZATIONS for themselves who they want to sup- Does Mr. Mancuso meet that stand- Mr. MURKOWSKI. Mr. President, port. When issue ads from supposedly ard? throughout the rancorous campaign fi- public interest groups are aired, the Is Mr. Mancuso beyond reproach? nance reform debate I have consist- American public can now find out who That’s the question now before the ently argued that the only reasonable is funding these ads. For example, we Senate. solution rests in increased disclosure may now be able to learn whether ads I have to ask myself that question and the active enforcement of current for so-called environmental causes are because of something that happened a laws. For this reason, I voted in sup- actually being financed by members of year ago. port of H.R. 4762—legislation requiring OPEC who want to maintain their mo- In June 1999, a former agent from the 527 organizations to disclose their po- nopoly and prevent us from exploring Defense Criminal Investigative Service litical activities and supporters. for oil in the U.S. or DCIS walked into my office. He I want to unequivocally state, how- I hope that we will soon extend the made a number of very serious allega- ever, that I believe this bill is only the disclosure requirements to other orga- tions of misconduct about senior DCIS first step towards complete disclosure nizations so that the American public officials, including Mr. Mancuso. and accountability in campaign financ- can truly know who finances the public And he had a huge bag full of docu- ing. Financing laws must be fair, and relations campaigns that influence our ments to back them up. they must be universal. Disclosure re- modern elections. Mr. Mancuso was the Director of quirements must be extended to other Mr. President, a word of caution is in DCIS from 1988 until 1997 when he be- tax-free organizations as well, namely order. I am sensitive to the legitimate came the Deputy DOD IG. Internal Revenue Code 501(c) groups needs of private citizens to criticize Mr. Mancuso was the Pentagon’s top that have actively participated in local government without fear of retaliation. cop. He was in charge of the DOD IG’s and national elections. We must never forget that we are the criminal investigative bureau. He was What is the benefit of disclosure laws nation of Alexander Hamilton, John a senior federal law enforcement offi- if they do not apply to all? I suggest Jay, and James Madison. The very men cer. that unbalanced and incomplete re- who wrote under the anonymous name The allegations were very serious. strictions will only enhance efforts to of ‘‘Publius,’’ shaping our government Many concerned Mr. Mancuso’s inter- manipulate campaign financing laws. through the Federalist Papers. Would nal affairs unit. 527 groups will, essentially, be encour- such thought and expression have sur- It was alleged that an agent assigned aged to pack up shop and re-emerge as vived if the cloak of anonymity was re- to the internal affairs unit had a his- 501(c) groups. Quickly, they will be able moved? Political speech is free speech, tory of falsifying reports to damage the to continue their efforts to influence and private citizens who have not reputation of fellow agents. elections with limited disclosure re- sought preferred tax status should not It was further alleged that Mr. quirements. Clearly, more reform must be limited in their rights of expression, Mancuso was aware of this problem yet be done. their freedom to associate, or their failed to take appropriate corrective For this reason, I urge this body to right to privacy. action. move forward and extend disclosure re- Somewhere, the proper balance be- It was alleged that Mr. Mancuso per- quirements to 501(c) organizations. I tween complete disclosure and the sonally approved a series actions to doubt anyone would suggest that right to free expression resides. I be- protect a senior deputy who was under 501(c)(4) civic groups have not made ef- lieve H.R. 4762 is a good first step in investigation for passport fraud. forts to express a political message. striking this balance. Clearly, those It was alleged that Mr. Mancuso and Earlier this year, one 501(c)(5) labor who expect tax preferred status to ad- the senior deputy were close personal union openly professed its intention to vocate their political message are friends. spend tens of millions of dollars to in- within the grasp of disclosure laws. I The senior deputy happened to be in fluence House elections. And our na- reiterate my support for full disclo- charge of the internal affairs unit.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13369 While head of that unit, this person is U.S. Office of Special Counsel was the huge flood in the Red River suspected of committing about 12 overt Inspector General, General Services Ad- Valley. acts of fraud. He was eventually con- ministration Swollen from the heavy rains, the victed and sent to jail. Most of these investigations are on- Wild Rice River became a huge pool of Mr. Mancuso allegedly took extraor- going. However, at least one has been water 25 miles wide and 30 miles long dinary measures to shield this indi- completed. that flowed steadily overland through vidual from the full weight of the law The Inspector General at the Treas- northwestern Minnesota, drowning and departmental regulations. ury Department has corroborated some millions of dollars worth of crops in its It was also alleged that Mr. Mancuso of the facts and conclusions in the Ma- path. The pool developed as heavy run- engaged in retaliation and other pro- jority Staff Report. off collected at higher elevations in hibited personnel practices. I also know that the U.S. Attorney, Becker and Mahnomen counties, then The Majority Staff on my Judiciary who prosecuted Mr. Mancuso’s senior flowed into the Red River Valley to- Subcommittee on Administrative Over- deputy for passport fraud, is very un- ward Ada. You have to realize that this sight and the Courts conducted a very happy with Mr. Mancuso’s conduct in land is very flat, dropping only about careful examination of the allegations. that case. one foot per mile, so the water moves The results of this investigation were The U.S. Attorney has characterized slowly, but causes severe crop damage. presented in a Majority Staff Report Mr. Mancuso’s conduct in that case as: Several rivers converge and flood pre- issued in October 1999. ‘‘egregious and unethical.’’ vention measures have failed to funnel Mr. President, I came to the floor on Mr. President, at this point, there excess water into the Red River. I in- November 2, 1999 to discuss the con- are just too many unanswered and un- tend to work with representatives from tents of the report. resolved questions bearing on the alle- the watershed districts, and the Army All supporting documentation—and gations. Corps of Engineers to see whether past there was a mountain of material—was I think it would be accurate to say flood control measures have resulted in simultaneously placed on the Judiciary the case against Mr. Mancuso would what has become constant flooding in Committee’s web site. not stand up in a court of law. this area of northwest Minnesota and The Majority Staff Report substan- Successfully meeting that test, how- what can be done to alleviate this prob- tiated some of the allegations involv- ever, does not mean that Mr. Mancuso lem in the future. I saw fields with ing DCIS officials, including Mr. is ready to be the Pentagon’s Inspector three or four feet of water that had Mancuso. General. been planted with wheat, soybeans, and I also sent a copy of the report and The IG’s must meet a much higher sugar beets earlier this year. Now, supporting documentation to Secretary standard. these crops are all destroyed, and the of Defense Cohen. The IG must be beyond reproach. Mr. President, I also wanted to be stench of rotting crops has begun. Having questions about judgment Earlier this week, Governor Ventura certain that my friend, Senator WAR- and appearance—like in Mr. Mancuso’s declared this area a state of emergency NER, Chairman of the Armed Services case—is not beyond reproach. Committee, and my friend Senator so that federal, state and local emer- Mr. President, I will have much more gency management officials can work THOMPSON, Chairman of the Govern- to say about this at a later date. mental Affairs Committee, were up to together to assess the damage and see I yield the floor. speed on this issue. whether federal assistance will be re- I have continued sending them mate- f quired. As if this wasn’t enough, eight counties in southeastern Minnesota rial as the case has developed. THE MINNESOTA FLOODS OF 2000 I want them to be informed about were declared emergency areas and Mr. GRAMS. Mr. President, I rise what I am doing and where I am headed Governor Ventura has asked the fed- today to discuss the devastating with Mr. Mancuso’s nomination. eral government for money to help Mr. President, after the staff report storms of last week that are affecting with their recovery following rain- was issued, my office was inundated much of northwestern Minnesota. We storms of May 17th. I was happy to sup- with phone calls from current and are experiencing some of the worst port the Governor’s request and to former DCIS agents with new allega- flash flooding in over 100 years. These learn that President Clinton has de- tions of misconduct by Mr. Mancuso storms dumped more than 7 inches of clared this region a disaster so that and others. rain in the Moorhead, Minnesota and they are eligible for federal funding. The Majority Staff has investigated Fargo, North Dakota area in an eight- This region of Minnesota received 5 to some of the new allegations, as well. hour period, swamping hundreds of 7 inches of rain on May 17th, followed Some have been substantiated and basements, and streets, and acres of by another heavy storm May 31. Since some have not. farm land. then, even small rainfalls have resulted The new findings have been summa- This past weekend, I had the oppor- in overflows and drainage problems. rized in letter reports. tunity to see first hand the effects of It’s too early to tell the extent of the Those have been shared with Sec- the storm when I visited the commu- damage in northwestern Minnesota. retary Cohen. nities of Ada, Borup, Perley, Hendrum, Preliminary estimates include damage And I met with the new Deputy Sec- and Moorhead. Actually, I had origi- to 430 houses, primarily in the Moor- retary, Mr. Rudy de Leon, on May 24th nally planned before the storm on head area, and $10 million damage to to express my concerns about the alle- being in the area to celebrate the grand crops in Becker and Mahnomen coun- gations involving Mr. Mancuso. opening of the Ada Hospital following ties. Mr. President, I am not alone in rais- its destruction during the Floods of But losses will go much higher. The ing questions about Mr. Mancuso’s con- 1997. Just three short years ago, Ada greatest crop damage appears to be in duct. was hit with the worst flooding in 500 Clay and Norman counties. There, At least six other government enti- years. They are still recovering from crops have been damaged or destroyed ties believe that the allegations are se- that flood. on more than 500 square miles of land, rious enough to warrant further inves- How do you explain floods like these? according to county officials. That tigation. These include: They don’t just happen once in a while could mean $50 million in lost crops, Chief of the Criminal Division, Eastern contrary to reports of 100 or even 500- and half that again in out-of-pocket District of Virginia year floods, they’ve been happening planting costs. Integrity Committee of the President’s every year in northwestern Minnesota. Flooding remains a serious blow to Council on Integrity and Efficiency Public Integrity Section at the Justice De- Last year, Ada experienced severe hail farmers in Minnesota. There are about partment storms and a Labor Day flood. In 1998, 300 commercial farmers left in Norman Inspector General, Department of the there were three floods in February, County in northwestern Minnesota. Treasury May and June. In 1997, of course, there They’ve been losing 20 or 30 farms

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 13370 CONGRESSIONAL RECORD—SENATE June 30, 2000 every year recently. It’s too late to take this opportunity today to outline Committee and the Chairman of the plant any cash crops in that part of the some of my concerns about this House Resources Committee have re- state. Some farmers will plant a ‘‘cover roadless initiative and to encourage quested the Vice President recuse him- crop’’ to control erosion; others simply other Oregonians to take advantage of self from the rest of this rule-making will try to control weeds and start the remaining weeks of this public process. I agree with the Chairmen and planning for next year. comment period to do the same. hope the Vice President will try to re- As in every disaster that my state Mr. President, the management of store the public’s confidence that this has faced, I’ve been inspired once again the roadless areas in our National For- rule-making is not predetermined and by the people of Minnesota, who rally est System has been the subject of de- that it is open, as required by law, to together for their communities when bate for many years. We had the RARE the comments and suggestions of the tragedy strikes. It’s during critical I (Roadless Area Review and Evalua- public. times such as these that we finally un- tion) process in the early 1970s leading Mr. President, some of my colleagues derstand the importance of neighbor to inventories and analysis of the large may ask why new roads may be needed helping neighbor. At a time when we roadless areas in our National Forests. in the National Forest System. There all too often fail to make the effort to Then we had RARE II under the Carter are many reasons, but perhaps the get to know and appreciate our neigh- Administration. most urgent purpose is forest health. A century of fire suppression fol- bors, Minnesotans in a great many of That process was followed by a num- lowed by years of inactive forest man- our communities have formed lasting ber of state-specific bills, such as the agement under this Administration bonds over this past week and found Oregon Wilderness Act of 1984, where have left our National Forest System their civic spirit has been restored. roadless areas that were suitable for overstocked with underbrush and un- Mr. President, I intend to work with wilderness protection were so des- naturally dense tree stands that are Governor Ventura to examine the need ignated and other roadless areas were now at risk of catastrophic wildfire. for federal funding to help those Min- to be released for multiple uses. De- The GAO recently found that at least nesotans devastated by this most re- spite the growth of the wilderness sys- 39 million acres of the National Forest cent flooding. I also want to work with tem in this country, the management System are at high risk for cata- the Governor, the Farm Services Ad- of other roadless areas has remained strophic fire. According to the Forest ministration, and the Department of controversial. Now this Administration has pro- Service, 26 million acres are at risk Agriculture in anticipation of federal from insects and disease infestations as funding needs for farmers who have had posed a roadless initiative that would permanently ban road construction well. The built up fuel loads in these severe crop losses. I stand together forests create abnormally hot wildfires with my colleagues in the Minnesota from some 43 million acres of inven- toried roadless areas. In addition, this that are extremely difficult to control. delegation, and with our colleagues This year’s fires in New Mexico have draft EIS calls for each Forest, upon from North Dakota who are facing de- given us a preview of what is to come its periodic Forest Plan revision, to struction in their states equal to our throughout our National Forest Sys- protect additional roadless areas, often own. When disaster strikes, we are not tem if we continue this Administra- referred to as uninventoried roadless Republicans or Democrats. We are rep- tion’s policy of passive forest manage- areas. No one, not even the Forest resentatives of the people, and we will ment. do whatever we must to protect our Service, seems to know how many mil- To prevent catastrophic fire and citizens when their lives, homes and lions of acres that may ultimately be. widespread insect infestation and dis- property are threatened. So the President is proposing setting ease outbreaks, these forests need to be f aside an additional 45 to 60 million treated. The underbrush needs to be re- acres of the National Forest system on moved. The forests must be thinned to THE PRESIDENT’S ROADLESS top of the 35 million acres that are al- INITIATIVE allow the remaining trees to grow more ready designated as wilderness areas. rapidly and more naturally. While Mr. SMITH of Oregon. Mr. President, Let me remind my colleagues that the some of this work can be done without I come to the floor of the Senate this entire National Forest System is 192 roads, roads are many times required week as the Forest Service has million acres and that there are nu- in order to carry out this necessary launched a series of meetings in my merous riparian areas and wildlife buff- work. Yet this Administration appar- state and around the country to solicit er zones that are also off limits to road ently wants to make it more difficult comments on the Administration’s pro- construction. So we may well have to address these problems, more dif- posed roadless initiative. I want to en- more than half of our National Forest ficult to stop fires like those in New courage Oregonians to send in their System permanently set aside and in- Mexico before they start. And the Vice comments and attend these meetings accessible to most of the public by the President wants to go even further to make their voices heard. time this Administration is through. than that. I am concerned that so many of my What is even more alarming to me is Why else are roads needed in the Na- constituents will not take part in this the position of the Vice President on tional Forest System? Forest roads comment period in part because they this issue. In a speech to the League of provide millions of Americans with ac- believe that this roadless policy is a Conservation Voters last month, AL cess to the National Forests for rec- foregone conclusion. Frankly, I don’t GORE said the Administration’s pre- reational purposes. With the Forest think the Forest Service did much to ferred alternative does not go far Service predicting tremendous in- change those feelings by including lan- enough. Perhaps Mr. GORE’s ‘‘Progress creases in recreational visits to the Na- guage in its draft Environmental Im- and Prosperity’’ tour should make a tional Forest System in the coming pact Statement (EIS), which character- few stops in rural Oregon so he can see years, shouldn’t there at least be a ized loggers, mill workers, and people first-hand the results of eight years of thorough examination of how this in the timber products industry in gen- passive management of our federal roadless plan will affect the remaining eral as uneducated, opportunistic, and lands—double digit unemployment and areas of our National Forests, which unable to adapt to change. Many Or- four day school weeks. As part of the will apparently have to absorb most of egonians, not just those in resource in- Administration that is writing this these new visitors? And what about the dustries, were offended by this. rule and is supposedly keeping an open needs of seniors and disabled visitors? I understand that the Administration mind while taking comments from the Compounding the problem, this Admin- has subsequently apologized, but I am public this month, it seems a bit pre- istration will be decommissioning afraid this incident only added to the mature for the Vice President to speak many roads currently used by rec- feeling held by many Oregonians that so favorably of an alternative that is reational visitors. In its rush to com- the decisions about this roadless plan ostensibly still being reviewed. I know plete this sweeping rule, this Adminis- have already been made. So I want to the Chairman of the Senate Energy tration does not seem to have the time

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13371 to examine seriously the impacts of are due next year. Now, due to the fact pleased there has been progress in steering more and more recreational that Pelican Butte will require three reaching an agreement among many visitors to a smaller percentage of the miles of road in a currently inventoried proposals to provide prescription drug Forest System. roadless area, the Administration’s benefits to seniors. Mr. President, I am also concerned roadless initiative will effectively kill Medicare recently celebrated its 35th about how this roadless initiative is the plan. In its zeal to complete this anniversary. As with most things in supposed to interact with the North- plan before leaving office, this Admin- life this program is now starting to west Forest Plan. Last year, I came to istration apparently does not want to show its age. Still being administered the floor of the Senate and I expressed take the time to make reasonable ac- under a model developed in 1965, Medi- concerns about this Administration’s commodations for proposals that have care is quickly becoming antiquated forestry policies and its weak imple- been in the pipeline for years. Never and blind to the many advances in mentation of its own plan that was mind the fact that the Pelican Butte modern medicine. We all know pre- supposed to lay the groundwork for a project will result in a net decrease in scription drugs play an increasingly cooperative resolution to the timber road mileage on National Forest lands. important role in the health of our na- disputes of the early 1990s. Unfortu- Never mind the fact that Oregonians tion. nately, as our federal agencies scour were told by this Administration to go There are countless examples of the forests to survey for mosses, we and find other means to develop their drugs which now allow us to live continue to have gridlock in the North- economy outside of timber. The mes- longer, more productive lives. Drugs to west, with none of the promised sus- sage to Oregonians is clear: If the control blood pressure, lower choles- tainable and predictable timber har- roadless plan is to be concluded before terol, or mitigate the effects of a vests in sight. So how much confidence President Clinton leaves office, there is stroke are a few which demonstrate the does this Administration have in its no time to spare to consider the effort measurable impact research and devel- own Northwest Forest Plan? By read- and good will invested by the people of opment can have on improving our ing its roadless proposal, the answer is Klamath Falls in the Pelican Butte lives. Unfortunately, the Medicare pro- ‘‘not much.’’ Clinton’s Northwest For- proposal. The fact is that this Adminis- gram has not progressed as rapidly as est Plan has thorough standards and tration doesn’t care how many rural medicine. guidelines for activities in the forests communities are left in the dust by To that end, I introduced the Medi- covered by the plan, including road- this regulatory juggernaut. care Ensuring Prescription Drugs for building. This Administration had pre- Mr. President, all of this is very dis- Seniors Act, or MEDS. My bill was an viously exempted the Northwest Forest couraging for Oregonians who have a early attempt to heighten the debate Plan forests from its road building sense this Administration has already surrounding prescription drugs, and at moratoriums because it was still made up its mind on this roadless ini- the same time provide a plan that clinging to the notion that its plan was tiative. It is my understanding that would address the needs of the nearly the model for forestry policy in the fu- many of my constituents have just re- one third of senior citizens in this ture. Unlike those temporary mora- ceived copies of this draft EIS in the country who currently lack any form toria, however, the Administration’s last few days—with half of the brief of prescription coverage. We have all roadless initiative makes no exception comment period already expired. Nev- heard the frightening stories of the for the forests covered by the North- ertheless, from the floor of the Senate choices that many seniors are forced to west Forest Plan. To me, this suggests today, I am pleading with my constitu- make when it comes to paying for pre- that even this Administration is ac- ents to get out there during this com- scription drugs. Unfortunately, many knowledging what many in the North- ment period and make their voices of these stories have been politicized west have said for some time: The Clin- heard. This rulemaking is too signifi- and used to stir the political cauldron ton Forest Plan is a failure. Rural Or- cant for Oregonians to be silent. over the past several months. But the egon already knew that. Now with this Mr. President, I agree with this Ad- reality is that decisions between food, roadless proposal, this Administration ministration that we need a long-term shelter, and medicine are all too com- will only make it harder for any future resolution to the management of our mon among our neediest seniors. Administration to keep its promises roadless areas. But common sense tells MEDS was introduced to help these under the Northwest Forest Plan. This us that what is needed and appropriate people. fact is most obvious in the town of for one area may not be sound steward- My plan would add a prescription Klamath Falls in southern Oregon. ship for another. With this roadless ini- benefit under the already existing Part Like many towns in the Northwest sur- tiative, this Administration is talking B of Medicare, without creating or add- rounded by federal lands, Klamath about setting aside in one broad stroke ing any new overly bureaucratic com- Falls was encouraged by this Adminis- millions of acres that are supposed to ponent to the Medicare program. It tration to create jobs and economic be held in trust for all Americans. Even works like this: The part B beneficiary growth through recreation and eco- worse, this plan is being rushed would have the opportunity to access tourism in order to compensate for the through a truncated public comment the benefit as long as they were Medi- loss of the timber jobs. Of course, it is process in order to accommodate an ar- care eligible. Those with incomes difficult to find substitutes for the tificial political deadline. This isn’t below 135 percent of the nation’s pov- family wage jobs that the timber in- the way to manage our precious nat- erty level would be provided the ben- dustry once provided for these towns. ural resources and this isn’t the way to efit without a deductible and would Nevertheless, rural Oregon has tried to treat our rural communities. The man- only be responsible for a 25 percent co- diversify its economy. agement of these roadless areas is a payment for all approved medications. More than three years ago, devel- complicated question, and it deserves My bill also provides relief for sen- opers and community leaders in Klam- more than the simple answer being iors above the 135 percent income ath Falls embarked upon the arduous force-fed to us by this Administration. threshold who may face overwhelming process of obtaining a special use per- drug costs because of the number of f mit to launch a winter recreation area prescriptions they take or the relative at Pelican Butte in the nearby Winema PRESCRIPTION DRUGS UNDER costs of them, by paying for 75 percent National Forest. Millions of dollars MEDICARE of the costs after a $150 monthly de- were spent and countless hours were Mr. GRAMS. Mr. President, I come to ductible is met. Most importantly, this invested by everyone from the local the floor today to discuss an issue that voluntary benefit does not have a forest service, to the developers, to the has become increasingly important to treatment cap. Unlike both the Presi- local government and the community many in Congress. As an early sponsor dent’s plan and others currently being as a whole. A final Environmental Im- of legislation to provide prescription debated in Congress, MEDS covers all pact Statement and Record of Decision drug coverage under Medicare, I am participating beneficiaries no matter

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 13372 CONGRESSIONAL RECORD—SENATE June 30, 2000 what level of monthly or annual drug Neotropical Migratory Bird Conserva- oceans, time zones, and national expenditure they incur and does not tion Act. I would like to thank Senator boundaries. Preservation of these spe- abandon seniors when they need help ABRAHAM and Senator SMITH for their cies must involve close partnerships the most. work on this important environmental and cooperation with our Caribbean The House of Representatives nar- issue, and also offer my family’s appre- and South American neighbors. rowly passed a prescription drug bill ciation for Senator ABRAHAM’s kind Senator ABRAHAM’s bill will help ad- that subsidizes the insurance industry words regarding my father. Senator dress the multitude of threats facing and attempts to ensure coverage in all John Chafee was a strong proponent of migratory birds by encouraging part- areas of the country—a difficult if not this legislation, and I am proud to fol- nerships between private and public en- impossible task. The biggest problem low his lead in cosponsoring this bill. tities and across international bound- with this approach is that the insur- Now, what is a neotropical migratory aries to help protect and restore habi- ance industry has stated that it bird? Simply put, it’s a bird that breeds tat of neotropical migrants. Impor- wouldn’t be able or willing to provide in North America, and migrates each tantly, there are ongoing efforts aimed these types of ‘‘stand alone’’ policies year to tropical habitats in Central and at stopping the decline in migratory no matter how much of a subsidy they South America. While the name sounds bird species; however, these efforts receive. Trying to establish an enor- technical and complicated, many of could be enhanced through better co- mously expensive and administratively these birds are well-known and well- ordination and increased funding. S. difficult plan built on the mere hope loved by Americans. Plovers, sand- 148 furthers both goals. Under the bill, that the insurance industry will pipers, hummingbirds, woodpeckers, the Secretary of the Interior is di- change its mind, is simply too big a orioles, blackbirds, and many species rected to facilitate the exchange of in- risk to take when it comes to our na- of raptor and songbird are all formation among the various groups, tions seniors. neotropical migratory birds. Some of and to coordinate existing conserva- The House bill would establish a new these birds, such as the Ruby-throated tion efforts. The bill also authorizes $25 outside agency through the Depart- Hummingbird and the Killdeer, cover million over five years in grants for ment of Health and Human Services to amazing distances as they travel be- projects to conserve neotropical migra- administer the plan. Not only will this tween their summer and winter habi- tory bird populations. Three-quarters compound the problem of administra- tats. of this funding must be used for tion, implementation and increasing In Rhode Island, we are fortunate to projects in other countries to ensure federal bureaucracy, but it also actu- be visited by many neotropical mi- that scarce resources will be focused ally delays benefits that will help our grants including one species of hum- where they are needed most. seniors today. There is no way a major mingbird, over ten species of raptor, In closing, I would like to relate a new bureaucracy can be created and be- over 30 species of shorebirds, eight spe- story that my father used to tell about come effective in time to provide the cies of flycatcher, six species of thrush, a family friend traveling in China. This help our seniors need now. At a min- and 35 species of warblers. Rhode Is- fellow noticed that his surroundings there were strangely silent. Upon re- imum, based on similar initiatives in land’s location makes it a key stopover flection, he attributed the ominous the past, it would take two years to spot for many neotropical migrants to quiet to the total lack of birds in the gear up this kind of new government refuel and rehydrate. environment. Apparently, in parts of agency, which again, only duplicates In addition to an excellent location, China the destruction of habitat and existing federal bureaucracy and slows Rhode Island has important habitat for the commercial bird market have re- progress toward meaningful reform. migratory birds. Its combination of sulted in the virtual elimination of It’s important these facts are under- fruit-bearing shrubs and forest provide songbirds. What a terrible loss. We stood as we continue discussing emerg- ample cover and food for these birds to must work together to prevent such ing plans for a prescription drug ben- take a break during their migration. tragedy from occurring in the Western efit under Medicare. How a plan is The many wetlands found in the state Hemisphere. And, Senator ABRAHAM’s structured could have dramatic con- also provide excellent areas to re- bill is a good step in the right direc- sequences for future innovations in hydrate, one of the most important tion. I applaud my colleagues for sup- treatments which can enhance quality needs on a bird’s trip north or south. Even with high quality habitat still porting this measure to help prevent of life and in some cases save lives. If the further decline in our neotropical done right, we’ll enable all senior citi- available in parts of the United States, tragically, many of these species are in migratory birds. And, I hope the Presi- zens to access the best health care sys- dent will act swiftly to enact the real danger. The greatest human threat tem in the world and receive the latest Neotropical Migratory Bird Conserva- to neotropical migratory birds is the technology and treatment for their tion Act. conditions—and do it in a way that is loss of habitat, particularly in the Car- both responsible and expedient. MEDS ibbean and Latin America. Many f accomplishes both of these goals. neotropical migratory birds stop to THE VERY BAD DEBT BOXSCORE In closing Mr. President, let me say, rest and feed at several relatively Mr. HELMS. Mr. President, at the as I have in the past, the challenge be- small patches of habitat along their close of business yesterday, Thursday, fore us today is to enable Medicare to long migrations between continents. June 29, 2000, the Federal debt stood at shape and adapt itself to reflect the re- Destruction of these stopover areas can $5,645,427,846,938.37 (Five trillion, six alities of an ever changing health care have a devastating impact on a species. hundred forty-five billion, four hundred system. After 35 years of endless tin- In addition, overharvesting of timber, twenty-seven million, eight hundred kering, we have a real opportunity to loss of wetlands and heavy use of pes- forty-six thousand, nine hundred thir- make it more responsive, more helpful, ticides exact a heavy toll on the habi- ty-eight dollars and thirty-seven and more attuned to the needs of cur- tats on which neotropical migrants de- cents). rent and future retirees and disabled pend. As noted in the Committee Re- One year ago, June 29, 1999, the Fed- persons in this country through the port, 90 species of migratory birds are eral debt stood at $5,640,577,000,000 provision of a prescription drug ben- listed as threatened or endangered (Five trillion, six hundred forty billion, efit. This is a goal to which I am whol- under the Endangered Species Act, and five hundred seventy-seven million). ly committed. approximately 210 species in the United Fifteen years ago, June 29, 1985, the f States are in serious decline. Federal debt stood at $1,798,529,000,000 The challenge of protecting migra- (One trillion, seven hundred ninety- NEOTROPICAL MIGRATORY BIRD tory birds is complicated by the reality eight billion, five hundred twenty-nine ACT that many of the most effective con- million). Mr. L. CHAFEE. Mr. President, yes- servation measures must be imple- Twenty-five years ago, June 29, 1975, terday, the Senate approved S. 148, the mented overseas. Migratory birds cross the Federal debt stood at

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13373 $536,081,000,000 (Five hundred thirty-six These events were brought together for metro area is one of the most vital and billion, eighty-one million) which re- the first time under the banner of the fastest growing in the Upper Great flects a debt increase of more than $5 Paralympic Games in 1960 in Rome. Plains. The region is home to three trillion—$5,109,346,846,938.37 (Five tril- Since then, the games have grown in highly respected colleges and univer- lion, one hundred nine billion, three success and popularity. Always held in sities. It is a major medical and com- hundred forty-six million, eight hun- tandem with the Olympic Games, the mercial center. And in recent years, dred forty-six thousand, nine hundred Paralympic athletes move into the the area has seen remarkable growth in thirty-eight dollars and thirty-seven Olympic village shortly after the high technology. cents) during the past 25 years. Olympic athletes move out and many But modern infrastructure and eco- times compete at the same venues as nomic vitality are only part of the f their Olympic counterparts. story of this award. Fargo was recently ADDITIONAL STATEMENTS From Seoul to Barcelona and most ranked the best medium-sized city in recently in Atlanta, the Paralympic America in which to raise children. It Games have blossomed into a major offers the sort of civil society with safe TRINIDAD STATE JUNIOR international sporting event. This streets, strong families, and func- COLLEGE year’s Games in Sydney will continue tioning and responsive government ∑ Mr. ALLARD. Mr. President, Trini- the momentum generated over the last that comes to mind when people all dad State Junior College, the oldest decade. In fact, more athletes will com- over this country think of what it two-year college in Colorado, is cele- pete at the Sydney 2000 Summer means to live in America’s heartland. brating 75 years of excellence. Estab- Paralympics (4,000 athletes from 125 It was pleasant news but no surprise lished in 1925 by the Colorado Legisla- nations) than in the 1972 Munich Olym- that Fargo-Moorhead was one of 10 ture, the College can look back with pics. communities that were winners in the pride over its 75 years of service to its To those who competed last week in national All-America City competi- community, the State of Colorado, and Connecticut, I think I speak for all of tion, hosted by the National Civic the Nation. our colleagues in applauding their ef- League. The league could not have cho- Throughout its history, Trinidad forts. Like all athletes, they remind us sen better. State Junior College has attracted stu- of the timely and timeless virtues that As I have discussed on the Senate dents from across Colorado, from many sports teach us—virtues like self-reli- floor, recent storms dumped over seven areas of the United States, and from ance, discipline, cooperation, and mod- inches of rain on Fargo in just over numerous foreign countries. The result esty in victory as well as defeat. In seven hours, inundating the city and has been the creation of an environ- striving to do their best, they inspire causing hundreds of millions of dollars ment that is significantly more cos- others to do their best, as well—be of damage. These torrential rains have mopolitan than is found in other rural they disabled or not. also meant something else, however— two-year colleges. To those who will represent the another chance for the area’s residents Trinidad State Junior College will United States in Sydney, we wish them to show their resilience, compassion, carry forth its strong tradition of scho- luck. And we are confident that they and community spirit. Already, Fargo- lastic excellence into the new century will do our nation proud. Moorhead is coming back, stronger I ask that the names of these ath- and will continue to provide its stu- than ever. letes be printed in the RECORD. Mr. President, I would like to pay dents with the knowledge, skills, and ATHLETES NOMINATED TO THE 2000 special tribute to the cooperation be- experiences necessary to meet their PARALYMPIC ATHLETICS TEAM tween Fargo and its sister city to the educational and personal goals. Rodney Anderson, Daniel Andrews, Ken east, Moorhead. Rather than a basis for Congratulations to Trinidad State Bair, Bob Balk, Lisa Banta, Jennifer Barrett, rivalry, the proximity and common ex- Junior College on its seventy-fifth an- Cheri Beccerra, Thomas Becke, Trent Blair, perience of Fargo and Moorhead have niversary.∑ Cheri Blauwet, John Brewer, Ted Bridis, proven compelling rationales for co- f Shawn Brown, Jeremy Burleson, Bert Burns, Lynne K. Carlton, Joesph Christmas, Wiley operation. The joint award to Fargo OCCASION OF THE 2000 Clark, Ed Cockrell, Shea Cowart, Keith and Moorhead of All-America City hon- PARALYMPIC TRIALS Davis, Ross Davis, Troy Davis, Gabriel Diaz ors recognizes the daily cooperation DeLeon, Barton Dodson, Jean Driscoll, Rob and friendship that characterizes rela- ∑ Mr. DODD. Mr. President, this past Evans, Mark Fenn, Brian Frasure, Jessica tions between these neighboring com- week, culminating on Saturday, June Galli, Roderick Green, Deborah Hearn, Jacob munities. 24th, the 2000 Paralympic Trials for Heilveil, Doug Heir, Scott Hollonbeck, and Numerous volunteers invested thou- track and field were held on the cam- Larry Hughes. sands of hours of work in preparations pus of Connecticut College in New Lon- Tony Iniguez, Val Jacobson, Eric Kaiser, Michael Keohane, Dave Larson, Jeff for the recent competition, and deserve don, Connecticut. sincere thanks. Let me make special Almost 150 athletes competed in a Lauterbach, Cheryl Leitner, Joseph LeMar, Arthur Lewis, Kenneth Marshall, Vince Mar- note of the efforts of Fargo Mayor dozen events including the 100 meter tin, Pan McGonigle, Asya Miller, Royal Bruce Furness and Moorhead Mayor race, 10,000 meter race, shot put, long Mitchell, Nancy Moloff, Edward Munro, Morris Lanning for their leadership jump and high jump. Seventy-one ath- Lindsay Nielsen, Paul Nitz, Albert Reed, and vision. In helping to make this letes earned the right to represent the Freeman Register, John Register, Ian Rice, award a reality, they are allowing the United States at the 2000 Sydney Rich Ruffalo, Payam Saadat, William Schneider, Marlon Shirley, Judy Siegle, nation to see what we in North Dakota Paralympic Games, which will be held and Minnesota have known for years— October 18th–29th. Matthew Smith, Amie Stanton, Laura Terry, Tony Volpentesf, Lynn Wachtell, Chris that Fargo-Moorhead is shining exam- The Paralympic movement is rel- Waddell, Tim Willis, and Dana Zimmerman.∑ ple of the American dream made re- atively young, but in recent years it f ality, a truly All-America City. has grown rapidly. In 1948, Sir Ludwig Again, on behalf of the United States Guttmann staged the first Inter- FARGO-MOORHEAD, ALL- Senate, I offer my most sincere con- national Wheelchair Games to coincide AMERICAN CITY gratulations to Fargo and Moorhead with the 1948 London Olympic Games. ∑ Mr. CONRAD. Mr. President, I rise to for being recognized as an All-America These first Games focused on World congratulate the City of Fargo, North City.∑ War II veterans with spinal cord-re- Dakota, on its recent selection with f lated injuries. Later, other disability neighboring Moorhead, Minnesota, as groups established international sports an All-American City by the National HONORING ARDYCE HABEGER organizations which arranged various Civic League. SAMP competitions. As time went by, multi- This is a prestigious but well de- ∑ Mr. JOHNSON. Mr. President, I rise disability competitions developed. served honor. The Fargo-Moorhead today to publicly commend Ardyce

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 13374 CONGRESSIONAL RECORD—SENATE June 30, 2000 Habeger Samp of Flandreau, South Da- The message further announced that January 30, 1975, as modified by the order of kota on being named for the pres- pursuant to section 5(a) of the Abra- April 11, 1986, to the Committees on Appro- tigious 2000 Dakota Conference Award ham Lincoln Bicentennial Commission priations; Foreign Relations; the Budget; Banking, Housing, and Urban Affairs; Envi- for Distinguished Contribution to the Act (36 U.S.C. 101 note), the Speaker ronment and Public Works; and Energy and Preservation of Cultural Heritage of has appointed the following Member of Natural Resources. South Dakota and the Northern Plains. the House of Representatives to the f Ms. Samp is a freelance writer, with Abraham Lincoln Bicentennial Com- more than 125 published short stories mission: Mr. LAHOOD of Illinois and, in REPORTS OF COMMITTEES and two books, entitled ‘‘When Coffee addition, Ms. Joan Flinspach of Indi- The following reports of committees Was a Nickel’’ and ‘‘Penny Candy ana and Mr. James R. Thompson of Illi- were submitted: Days.’’ She is an active member of her nois. By Mr. MCCAIN, from the Committee on community, serving on various boards, The message also announced that Commerce, Science, and Transportation, clubs and church organizations. pursuant to section 5(a) of the Abra- with an amendment in the nature of a sub- This past May, Governor Bill ham Lincoln Bicentennial Commission stitute: Janklow issued an honorary executive S. 1755: A bill to amend the Communica- Act (36 U.S.C. 101 note), the Minority tions Act of 1934 to regulate interstate com- proclamation, declaring May 26, 2000 Leader appoints the following individ- merce in the use of mobile telephones (Rept. ‘‘Ardyce Habeger Samp Day.’’ Also re- uals to the Abraham Lincoln Bicenten- No. 106–326). cently, Ms. Samp received the pres- nial Commission: Mr. David Phelps of By Mr. CAMPBELL, from the Committee tigious 2000 Dakota Conference Award Illinois and Ms. Louise Taper of Cali- on Indian Affairs, with an amendment in the for Distinguished Contribution to the fornia. nature of a substitute: Preservation of Cultural Heritage of S. 2102: A bill to provide to the Timbisha ENROLLED BILLS SIGNED Shoshone Tribe a permanent land base with- South Dakota and the Northern Plains. At 2:30 p.m., a message from the in its aboriginal homeland, and for other Mr. President, Ardyce Samp’s schol- House of Representatives announced purposes (Rept. No. 106–327). arship and literary talents have en- that the Speaker has signed the fol- By Mr. HATCH, from the Committee on hanced the lives of South Dakotans. lowing enrolled bill: the Judiciary, with an amendment in the na- Her role in community leadership ture of a substitute: H.R. 4425. An act making appropriations serves as a model for other South Da- H.R. 3646: A bill for the relief of certain for military construction, family housing, Persian Gulf evacuees. kotans to emulate. We are grateful for and base realignment and closure for the De- By Mr. HELMS, from the Committee on her continued work to tell the story of partment of Defense for the fiscal year end- Foreign Relations, with an amendment and the Northern Plains. I am pleased to be ing September 30, 2001, and for other pur- with a preamble: able to share her story with my col- poses. S. Con. Res. 113: A concurrent resolution leagues and to be able to publicly com- The enrolled bill was signed subse- expressing the sense of the Congress in rec- mend her work.∑ ognition of the 10th anniversary of the free quently by the President pro tempore and fair elections in Burma and the urgent f (Mr. THURMOND). need to improve the democratic and human MESSAGES FROM THE PRESIDENT f rights of the people of Burma. By Mr. HELMS, from the Committee on Messages from the President of the MEASURE PLACED ON THE Foreign Relations, without amendment and United States were communicated to CALENDAR with a preamble: S. Con. Res. 124: A concurrent resolution the Senate by Ms. Evans, one of his The following bill was read the sec- secretaries. expressing the sense of the Congress with re- ond time, and placed on the calendar: gard to Iraq’s failure to release prisoners of EXECUTIVE MESSAGES REFERRED H.R. 4680. An act to amend title XVIII of war from Kuwait and nine other nations in As in executive session the Presiding the Social Security Act to provide for a vol- violation of international agreements. Officer laid before the Senate messages untary program for prescription drug cov- By Mr. HELMS, from the Committee on from the President of the United erage under the Medicare Program, to mod- Foreign Relations, without amendment with States submitting sundry nominations ernize the Medicare Program, and for other a preamble: purposes. S. Con. Res. 126: An original concurrent which were referred to the appropriate resolution expressing the sense of Congress committees. f that the President should support free and (The nominations received today are ENROLLED BILLS PRESENTED fair elections and respect for democracy in printed at the end of the Senate pro- Haiti. ceedings.) The Secretary of the Senate reported f f that on today, June 30, 2000, he had pre- sented to the President of the United EXECUTIVE REPORTS OF MESSAGE FROM THE HOUSE States the following enrolled bill: COMMITTEE At 11:47 a.m., a message from the S. 1515. An act to amend the Radiation Ex- The following executive reports of House of Representatives, delivered by posure Compensation Act, and for other pur- committees were submitted. one of its reading clerks, announced poses. By Mr. HELMS for the Committee on For- eign Relations: that the House has passed the fol- f lowing bill, in which it requests the Treaty Doc. 105–39 Inter-American Con- concurrence of the Senate: EXECUTIVE AND OTHER vention Against Corruption (Exec. Rept. 106– 15). H.R. 1304. An act to ensure and foster con- COMMUNICATIONS TEXT OF THE COMMITTEE RECOMMENDED tinued patient safety and quality of care by The following communications were RESOLUTION OF ADVICE AND CONSENT making the antitrust laws apply to negotia- laid before the Senate, together with tions between groups of health care profes- SENATE OF THE UNITED STATES accompanying papers, reports, and doc- IN EXECUTIVE SESSION sionals and health plans and health insur- uments, which were referred as indi- ance issuers in the same manner as such Resolved, (two-thirds of the Senators present laws apply to collective bargaining by labor cated: concurring therein), That the Senate advise organizations under the National Labor Re- EC–9596. A communication from the Sec- and consent to the ratification of the Inter- lations Act. retary of Defense, transmitting, pursuant to American Convention Against Corruption, The message also announced that the law, the report entitled ‘‘The Military Power adopted and opened for signature at the Spe- of the People’s Republic of China’’; to the cialized Conference of the Organization of House of Representatives has passed Committee on Armed Services. American States (OAS) at Caracas, Ven- the following concurrent resolutions, EC–9597. A communication from the Direc- ezuela, on March 29, 1996, (Treaty Doc. 105– without amendment: tor of the Office of Management and Budget, 39); referred to in this resolution of ratifica- S. Con. Res. 125. A concurrent resolution Executive Office of the President, transmit- tion as ‘‘The Convention’’, subject to the un- providing for a conditional adjournment or ting, pursuant to law, the cumulative report derstandings of subsection (a), the declara- recess of the Senate and a conditional ad- on rescissions and deferrals as of June 1, 2000; tion of subsection (b), and the provisos of journment of the House of Representatives. referred jointly, pursuant to the order of subsection (c).

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(a) UNDERSTANDINGS.—The advice and con- as the legal basis for extradition to any request. In any case of assistance sought sent of the Senate is subject to the following country with which the United States has no from the United States under Article XIV of understandings, which shall be included in bilateral extradition treaty in force. In such the Convention, the United States shall, con- the instrument of ratification of the Conven- cases where the United States does have a bi- sistent with U.S. laws, relevant treaties and tion and shall be binding on the President: lateral extradition treaty shall serve as the arrangements, deny assistance where grant- (1) APPLICATION OF ARTICLE I.—The United legal basis for extradition for offenses that ing the assistance sought would prejudice its States of America understands that the are extraditable in accordance with this Con- essential public policy interest, including phrase ‘‘at any level of its hierarchy’’ in the vention. cases where the Central Authority, after first and second subparagraphs of Article I of (6) PROHIBITION OF ASSISTANCE TO THE consultation with all appropriate intel- the Convention refers, in the case of the INTERNATIONAL CRIMINAL COURT.—The United ligence, anti-narcotic, and foreign policy United States, to all levels of the hierarchy States of America shall exercise its rights to agencies, has specific information that a sen- of the Federal Government of the United limit the use of assistance it provides under ior government official who will have access States, and that the Convention does not im- the Convention so that any assistance pro- to information to be provided under the Con- pose obligations with respect to the conduct vided by the Government of the United vention is engaged in a felony, including the of officials other than Federal officials. States shall not be transferred to or other- facilitation of the production or distribution (2) ARTICLE VII (‘‘DOMESTIC LAW’’).— wise used to assist the International Crimi- of illegal drugs. (A) Article VII of the Convention sets forth nal Court agreed to in Rome, Italy, on July (3) SUPREMACY OF THE CONSTITUTION.— an obligation to adopt legislative measures 17, 1998, unless the treaty establishing the Nothing in the Convention requires or au- to establish as criminal offenses the acts of Court has entered into force for the United thorizes legislation or other action by the corruption described in Article VI(1). There States by and with the advice and consent of United States of America that is prohibited is an extensive network of laws already in the Senate, as required by Article II, section by the Constitution of the United States as place in the United States that criminalize a 2 of the United States Constitution. interpreted by the United States. wide range of corrupt acts. Although United (b) DECLARATION.—The advice and consent States laws may not in all cases be defined f of the Senate is subject to the following dec- in terms or elements identical to those used INTRODUCTION OF BILLS AND in the Convention, it is the understanding of laration: the United States, with the caveat set forth TREATY INTERPRETATION.—The Senate af- JOINT RESOLUTIONS in subparagraph (B), that the kinds of offi- firms the applicability to all treaties of the constitutionally based principles of treaty The following bills and joint resolu- cial corruption which are intended under the tions were introduced, read the first Convention to be criminalized would in fact interpretation set forth in Condition (1) of the resolution of ratification of the INF and second times by unanimous con- be criminal offenses under U.S. law. Accord- sent, and referred as indicated: ingly, the United States does not intend to Treaty, approved by the Senate on May 27, enact new legislation to implement Article 1988, and Condition (8) of the resolution of By Mr. KYL: VII of the Convention. ratification of the Document Agreed Among S. 2834. A bill to authorize the Secretary of (B) There is no general ‘‘attempt’’ statute the State Parties to the Treaty on Conven- the Interior, acting through the Bureau of in U.S. federal criminal law. Nevertheless, tional Armed Forces in Europe, approved by Reclamation, to convey property to the federal statues make ‘‘attempts’’ criminal in the Senate on May 14, 1997. Greater Yuma Port Authority of Yuma connection with specific crimes. This is of (c) PROVISOS.—The advice and consent of County, Arizona, for use as an international particular relevance with respect to Article the Senate is subject to the following pro- port of entry; to the Committee on Energy VI(1)(c) of the Convention, which by its lit- visos: and Natural Resources. eral terms would embrace a single pre- (1) ENFORCEMENT AND MONITORING.—Not By Mr. GRASSLEY (for himself and paratory act done with the requisite ‘‘pur- later than April 1, 2001, and annually there- Mr. FEINGOLD): pose’’ of profiting illicitly at some future after for five years, unless extended by an S. 2835. A bill to provide an appropriate time, even though the course of conduct is Act of Congress, the President shall submit transition from the interim payment system neither pursued, nor in any sense con- to the Committee on Foreign Relations of for home health services to the prospective summated. The United States will not crim- the Senate, and the Speaker of the House of payment system for such services under the inalize such conduct per se, although signifi- Representatives, a report that sets out: medicare program; to the Committee on Fi- cant acts of corruption in this regard would (A) RATIFICATION.—A list of the countries nance. be generally subject to prosecution in the that have ratified the Convention, the dates By Mr. HAGEL (for himself, Mr. ABRA- context of one or more other crimes. of ratification and entry into force for each HAM, Mr. HUTCHINSON, Mr. BURNS, Mr. (3) TRANSNATIONAL BRIBERY.—Current country, and a detailed account of U.S. ef- COVERDELL, Mr. MCCAIN, Mr. United States law provides criminal sanc- forts to encourage other nations that are sig- ASHCROFT, and Mr. KYL): tions for transnational bribery. Therefore, it natories to the Convention to ratify and im- S. 2836. A bill to amend title XVIII of the is the understanding of the United States of plement it. Social Security Act to provide medicare America that no additional legislation is (B) DOMESTIC LEGISLATION IMPLEMENTING beneficiaries with access to affordable out- needed for the United States to comply with THE CONVENTION AND ACTIONS TO ADVANCE ITS patient prescription drugs; to the Committee the obligation imposed in Article VIII of the OBJECT AND PURPOSE.—A description of the on Finance. Convention. domestic laws enacted by each Party to the By Mr. CRAIG: (4) ILLICIT ENRICHMENT.—The United States Convention that implement commitments S. 2837. A bill to amend the Fair Debt Col- of America intends to assist and cooperate under the Convention and actions taken by lection Practices Act to reduce the cost of with other States Parties pursuant to para- each Party during the previous year, includ- credit, and for other purposes; to the Com- graph 3 of Article IX of the Convention to ing domestic law enforcement measures, to mittee on Banking, Housing, and Urban Af- the extent permitted by its domestic law. advance the object and purpose of the Con- fairs. The United States recognizes the importance vention. By Mr. HUTCHINSON: of combating improper financial gains by (C) PROGRESS AT THE ORGANIZATION OF S. 2838. A bill to amend the Food, Agri- public officials, and has criminal statutes to AMERICAN STATES ON A MONITORING PROC- culture, Conservation, and Trade Act of 1990 deter or punish such conduct. These statutes ESS.—An assessment of progress in the Orga- to provide for a program to provide informa- obligate senior-level officials in the Federal nization of American States (OAS) toward tion to the public on the use of bio- Government to file truthful financial disclo- creation of an effective, transparent, and technology to produce food for human con- sure statements, subject to criminal pen- viable Convention compliance monitoring sumption, to support additional research re- alties. They also permit prosecution of fed- process which includes input from the pri- garding the potential economic and environ- eral public officials who evade taxes on vate sector and non-governmental organiza- mental risks and benefits of using bio- wealth that is acquired illicitly. The offense tions. technology to produce food, and for other of illicit enrichment as set forth in Article (D) FUTURE NEGOTIATIONS.—A description purposes; to the Committee on Agriculture, IX of the Convention, however, places the of the anticipated future work of the Parties Nutrition, and Forestry. burden of proof on the defendant, which is to the Convention to expand its scope and as- f inconsistent with the United States Con- sess other areas where the Convention could stitution and fundamental principles of the be amended to decrease corrupt activities. SUBMISSION OF CONCURRENT AND United States legal system. Therefore, the (2) MUTUAL LEGAL ASSISTANCE.—When the SENATE RESOLUTIONS United States understands that it is not obli- United States receives a request for assist- gated to establish a new crminal offense of ance under Article XIV of the Convention The following concurrent resolutions illicit enrichmnent under Article IX of the from a country with which it has in force a and Senate resolutions were read, and Convention. bilateral treaty for mutual legal assistance referred (or acted upon), as indicated: (5) EXTRADITION.—The United States of in criminal matters, the bilateral treaty will By Mr. KENNEDY (for himself, Mr. America shall not consider this Convention provide the legal basis for responding to that DODD, Mr. LEAHY, and Mr. MACK):

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 13376 CONGRESSIONAL RECORD—SENATE June 30, 2000 S. Res. 332. A resolution expressing the knows that traffic congestion there gratified that it will finally happen. sense of the Senate with respect to the peace causes such bad delays that oftentimes The Health Care Financing Adminis- process in Northern Ireland; to the Com- individuals attempting to conduct tration (HCFA) published the final PPS mittee on Foreign Relations. cross-border trade there, bring goods rule on June 28, and I was pleased to By Mr. COLLINS (for himself, Mr. hear that many home health providers MOYNIHAN, Mr. KYL, Mr. GREGG, Mr. across the border, or simply visit rel- LEAHY, and Mr. HUTCHINSON): atives and friends, are discouraged consider it an improvement over the S. Res. 333. A resolution expressing the from crossing the border or are faced proposed rule. After the trauma of the sense of the Senate that there should be par- with spending two to four hours to Interim Payment System, I have high ity among the countries that are parties to cross. The port of entry at San Luis hopes that the PPS will be great news the North American Free Trade Agreement has become one of the busiest ports-of- for our Medicare beneficiaries who with respect to the personal exemption al- crossing in the nation. need home care. lowance for merchandise purchased abroad After months of negotiation, all of Even so, the new PPS will pose major by returning residence, and for other pur- the local principals involved in this ef- transitional challenges for home poses; to the Committee on Finance. health agencies, and this bill seeks to By Mr. HELMS: fort, from the city of Yuma to Yuma S. Con. Res. 126. An original concurrent County, the city of San Luis and ease that transition so that the PPS resolution expressing the sense of Congress Somerton and the Cocopah Indian Na- will succeed. The bill does the fol- that the President should support free and tion, and the Bureau of Reclamation, lowing: fair elections and respect for democracy in now fully support this effort. The bill 1. Emergency cash flow assistance. Haiti; placed on the calendar. will facilitate the construction of an The bill provides one-time advance By Mr. FITZGERALD: additional commercial port of entry payments to home health agencies dur- S. Con. Res. 127. A concurrent resolution ing transition from IPS to PPS. Eligi- expressing the sense of the Congress that the just east of San Luis, to be conveyed to the Greater Yuma Port Authority ble agencies either have low cash re- Parthenon Marbles should be returned to serves, have negative cash flow under Greece; to the Committee on Foreign Rela- (YMPO) for fair market value. tions. Mr. President, this legislation will PPS as defined by the Secretary of By Mr. SANTORUM: make a difference to the people of Ari- HHS, or were eligible to receive funds S. Con. Res. 128. A concurrent resolution to zona, particularly to the people of from the Periodic Interim Payment urge the Nobel Commission to award the Yuma and surrounding areas. It will (PIP) system on September 30, 2000. Nobel Prize for Peace to His Holiness, Pope help increase cross-border trade in the Payments equal the average total John Paul II, for his dedication to fostering Medicare costs incurred by the agency peace throughout the world; to the Com- area, and will help to spur economic development for an Arizona region in in a three-month period as reported on mittee on Foreign Relations. the agency’s most recently settled cost By Mr. LIEBERMAN (for himself, Mr. need. I urge expeditious consideration report. Payments would be available GORTON, Mr. SMITH of Oregon, Mr. of this legislation. CLELAND, Mr. BYRD, Mr. CONRAD, Mr. for six months and repaid within BENNETT, and Mr. GRAMS): By Mr. GRASSLEY (for himself twelve months. S. Con. Res. 129. A concurrent resolution and Mr. FEINGOLD): Agencies would also receive 80 per- expressing the sense of Congress regarding S. 2835. A bill to provide an appro- cent of the 60-day episode payment rate the importance and value of education in priate transition from the interim pay- after notifying HCFA of admission, United States history; considered and agreed with the remaining 20 percent coming to. ment system for home health services to the prospective payment system for after submission of final episode claim, f such services under the medicare pro- instead of 60/40 under the rule pub- STATEMENTS ON INTRODUCED gram; to the Committee on Finance. lished on June 28, 2000. HCFA would also be prohibited from imposing con- BILLS AND JOINT RESOLUTIONS MEDICARE HOME HEALTH REFINEMENT ACT OF 2000 ditions on a claim based on the status By Mr. KYL: of an earlier claim for the same bene- Mr. GRASSLEY. Mr. President, S. 2834. A bill to authorize the Sec- ficiary. today I am joining Senator FEINGOLD retary of the Interior, acting through The rationale for this is that PIP, the Bureau of Reclamation, to convey of Wisconsin in introducing the Medi- which largely serves nonprofit, commu- property to the Greater Yuma Port Au- care Home Health Refinement Act of nity-based agencies with minimal cash thority of Yuma County, Arizona, for 2000. I want to thank my colleague for reserve, will be discontinued as of Oc- use as an international port of entry; inviting me to join him in this effort to tober 1. If PPS delays a substantial to the Committee on Energy and Nat- preserve our nation’s home health pro- portion of payment until after termi- ural Resources. viders. nation of patient episode, providers In my work as Chairman of the Sen- LEGISLATION TO CONVEY LAND TO THE GREATER will have significant cash flow prob- YUMA PORT AUTHORITY FOR CONSTRUCTION OF ate Special Committee on Aging, of lems. Many agencies are unable to se- A SECOND COMMERCIAL PORT OF ENTRY FOR which Senator FEINGOLD is a member, I cure lines of credit or other loans be- THE YUMA AREA have been monitoring our nation’s crit- cause of the effect of IPS on cash re- Mr. KYL. Mr. President, I introduce ical home health care system closely. serves. a bill today to facilitate the construc- In 1997, we investigated distressing ex- 2. Reimbursement for unfunded PPS- tion of a secondary port of entry in amples of fraud and abuse among a few related costs. The bill reimburses agen- Yuma County. I introduce this measure home health agencies (HHAs). In 1998, I cies for technology costs required for in collaboration with Representative chaired a hearing on the devastating PPS compliance, up to $10 per bene- ED PASTOR, who has taken the lead on effects of the Interim Payment System ficiary. Payments would be authorized this issue in the House of Representa- (IPS) for home health. Unfortunately, for Fiscal Years 2001 through 2003. tives and has seen his bill H.R. 3023, my legislative efforts to improve the The rationale for this item: agencies through to passage just this week by a payment system that year were have had to purchase new hardware, vote of 404 to 1. blocked. Last year, the Aging Com- software, and other technology to com- The identical bill I introduce today mittee held a hearing on the new ply with new rules. These costs are not will convey to the Greater Yuma Port OASIS information collection instru- reimbursed by Medicare. Authority an area of land currently ment, and on the burden it imposed on 3. Reimbursement for OASIS labor controlled by the Bureau of Reclama- home care providers. costs. It reimburses agencies for labor tion for the purpose of constructing a At this point in 2000, the main chal- costs associated with OASIS assess- commercial port of entry on approxi- lenge facing our system of home care is ments, up to $30 per beneficiary annu- mately 330 acres of land just east of the the new Prospective Payment System ally. Payments are authorized for FY city of San Luis. (PPS), which will take effect on Octo- 2001–2003. Anyone who has ever been to the U.S. ber 1 of this year. We’ve been working This is needed because the final rule port of entry in San Luis, Arizona, toward this for many years, and I am provides for only a modest payment per

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13377 episode, despite an estimated hour of people with disabilities in cities and home care to the American public in a time needed for a skilled clinician to towns throughout Wisconsin. Without cost-effective manner. collect information at admission, plus it, many patients have no choice but to RDF’S HOME HEALTH CARE LEGISLATION time for data quality review and fol- go to a nursing home, or even an emer- My legislation provides for some low-up. gency room, to get the care they need. common sense provisions to ease the 4. Creation of a fee schedule for non- For too many home health patients in transition to the new PPS system. routine medical supplies. The bill de- Wisconsin, that day has arrived. Under the first provision, the Health velops a separate fee schedule for med- Home health agencies around my Care Financing Administration would ical supplies under prospective pay- state have closed their doors due to be able to provide one-time advance ment. massive changes in Medicare, and sen- payments to home health agencies This is essential because PPS rates iors and the disabled have been forced which have been experiencing cash- include the average medical supply to go elsewhere for care. flow problems. These payments are cost, but some agencies’ patient popu- THE BALANCED BUDGET ACT temporary: agencies would be required lations have greater or lesser medical As my colleagues know, the Balanced to repay them within twelve months. supply needs. The original rates would Budget Act of 1997 contained a number It also provides some relief to agen- underpay agencies that treat these vul- of measures that were intended to slow cies for their compliance with the new regulations and rules. Across the coun- nerable populations and overpay agen- home health care spending. Congress try, home health agencies have had to cies that treat patients with low med- targeted home health spending due to spend millions of dollars buying new ical supply needs. This provision has no the fact that prior to the Balanced computers and software which can han- budget impact. Budget Act, home health care had be- dle the new PPS. This provision also Mr. President, I recognize that there come the fastest growing component of are other issues that pose a major targets those small agencies with a Medicare spending. lesser cash flow and are relatively threat to our home care system, in- Unfortunately, the cuts went deeper more affected by the burdensome regu- cluding the 15 percent cut scheduled for than anyone anticipated, and have left lations. October 2001. This bill does not address many Medicare beneficiaries without My bill also includes compensation that issue, though it is obvious that access to the services they need. for agencies who must perform patient Congress will have to do so. But this These unintended consequences of outcome assessments under the new bill will help make the new PPS a suc- the Balanced Budget Act of 1997 have rules. We should recognize that physi- cess, so home care providers can use been severe indeed. Instead of the $100 cians’ time is precious, and that we their resources to see patients, which billion in five-year savings that we tar- cannot expect them to provide accu- is what they do best. I will seek the in- geted, present projections indicate that rate, helpful data if every hour they clusion of this bill in any Finance Com- actual Medicare reductions have been spend filling out forms is an hour less mittee Medicare provider package we in the area of $200 billion. Home health treatment that the agency can afford put together this year. care spending, which the Congressional to provide. Mr. FEINGOLD. Mr. President, I am Budget Office expected to rise by $2 bil- Finally, the bill carves out funding pleased to join Senator GRASSLEY in in- lion in the last two years even after for non-routine medical supplies from troducing the Medicare Home Health factoring in the Balanced Budget Act the PPS, so that agencies who treat pa- Refinement Act of 2000. This legisla- cuts, has instead fallen by nearly 8 bil- tients with complex medical needs are tion will provide a measure of financial lion, or 45 percent. not punished with low payments. We relief for cost efficient home health These painful cuts have forced more must ensure that all beneficiaries have agencies that are making the transi- than 40 home health care agencies in 22 the choice to receive care at home, and tion from the Interim Payment System Wisconsin counties to close their doors, not be turned down or shut out of the to the soon to be implemented Prospec- in just two years. market because agencies are afraid tive Payment System. Mr. President, I stand by my vote in that they’ll be too costly to assist. Since the enactment of the Balanced favor of the Balanced Budget Act. And, These are sensible changes which go Budget Act of 1997, many cost-effective like many of my colleagues, I believe a long way to alleviate the burden that home health agencies have experienced that it contained meaningful provi- the change to the Prospective Payment financial hardship, which has forced sions to balance the budget. I want to System has imposed on the agencies. agencies to divert funds away from pa- emphasize that the goal was to balance These changes will allow agencies to tient care. the budget—it was not to punish home focus their care on Medicare bene- We must ensure that home health health agencies, and certainly not to ficiaries, and reduce their burden as care agencies can continue to provide deny Medicare beneficiaries access to they transition to PPS. their invaluable service to the elderly the home health services they need. ACCESS TO CARE and the disabled. The Balanced Budget Act also in- In Wisconsin, over 46 Medicare home As I travel to each of Wisconsin’s 72 cluded a number of burdensome admin- health providers have shut down since counties each year, I have heard count- istration changes, and a new reim- the implementation of Interim Pay- less stories from home health agencies bursement system for home health care ment System. Still more have shrunk- that a number of burdensome new reg- agencies. It required the creation of a en their service areas, stopped accept- ulations imposed by the Health Care Prospective Payment System, and, ing Medicare patients, or refused as- Financing Administration have hin- until that system was developed an in- signment for high cost patients be- dered their ability to do what they do terim payment system. cause the payments are simply too low. best—provide quality care. These new rules are forcing agencies So, what do these changes mean for Our legislation addresses many of to overhaul their computer systems, Medicare beneficiaries? Well, quite these concerns. In fact, a number of the purchase new software, and fill out frankly, in many parts of Wisconsin, provisions come directly from the pro- more and more forms. Many of these beneficiaries in certain areas or with viders in Wisconsin. agencies already face major cash-flow certain diagnoses simply don’t have ac- Our bill offers a combination of problems, and are rightly concerned cess to home health care. The Interim emergency cash flow assistance, reim- that any delays in payments could hurt Payment System has created disincen- bursement for transition costs, and a their ability to properly care for bene- tives to treat patients with expensive system to separate medical supply ficiaries. medical diagnoses. Few agencies, if costs from other home health expenses With all of the changes, Congress any, can afford to care for patients as home health agencies switch to a must ensure that these home health with expensive medical diagnosis. new payment system. agencies, which have already been hit CONCLUSION Home health care provides compas- hard by payment cuts, have the re- I believe that Congress must take a sionate, at-home care to seniors and sources they need to provide quality serious look at what refinements need

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 13378 CONGRESSIONAL RECORD—SENATE June 30, 2000

to occur to ensure that our home bound BINGAMAN) was added as a cosponsor of Hampshire (Mr. SMITH) and the Senator elderly and disabled constituents— S. 1941, a bill to amend the Federal from Nevada (Mr. REID) were added as among the frailest and most vulnerable Fire Prevention and Control Act of 1974 cosponsors of S. 2739, a bill to amend people we serve—can receive the serv- to authorize the Director of the Fed- title 39, United States Code, to provide ices they need. eral Emergency Management Agency for the issuance of a semipostal stamp Without that fine-tuning, I am quite to provide assistance to fire depart- in order to afford the public a conven- certain that more home health agen- ments and fire prevention organiza- ient way to contribute to funding for cies in Wisconsin and across our coun- tions for the purpose of protecting the the establishment of the World War II try will close, leaving some of our public and firefighting personnel Memorial. frailest Medicare beneficiaries without against fire and fire-related hazards. S. 2769 the choice to receive care at home. S. 2018 At the request of Mr. DEWINE, his Again, I think Seniors need and de- At the request of Mrs. HUTCHISON, the name was added as a cosponsor of S. serve that choice, and I hope my col- name of the Senator from Missouri leagues will join us in supporting this 2769, a bill to authorize funding for Na- legislation. (Mr. ASHCROFT) was added as a cospon- tional Instant Criminal Background sor of S. 2018, a bill to amend title Check System improvements. f XVIII of the Social Security Act to re- S. RES. 268 ADDITIONAL COSPONSORS vise the update factor used in making At the request of Mr. EDWARDS, the S. 740 payments to PPS hospitals under the name of the Senator from Michigan At the request of Mr. CRAIG, the medicare program. (Mr. LEVIN) was added as a cosponsor of name of the Senator from South Caro- S. 2330 S. Res. 268, a resolution designating lina (Mr. HOLLINGS) was added as a co- At the request of Mr. ROTH, the name July 17 through July 23 as ‘‘National sponsor of S. 740, a bill to amend the of the Senator from New Hampshire Fragile X Awareness Week.’’ Federal Power Act to improve the hy- (Mr. GREGG) was added as a cosponsor S. RES. 294 droelectric licensing process by grant- of S. 2330, a bill to amend the Internal At the request of Mr. ABRAHAM, the ing the Federal Energy Regulatory Revenue Code of 1986 to repeal the ex- name of the Senator from New Mexico Commission statutory authority to cise tax on telephone and other com- (Mr. BINGAMAN) was added as a cospon- better coordinate participation by munication services. sor of S. Res. 294, a resolution desig- other agencies and entities, and for S. 2527 nating the month of October 2000 as other purposes. At the request of Mr. DEWINE, his ‘‘Children’s Internet Safety Month.’’ S. 1066 name was added as a cosponsor of S. S. RES. 304 At the request of Mr. ROBERTS, the 2527, a bill to amend the Public Health At the request of Mr. BIDEN, the name of the Senator from Illinois (Mr. Service Act to provide grant programs FITZGERALD) was added as a cosponsor names of the Senator from Missouri to reduce substance abuse, and for (Mr. BOND) and the Senator from Ar- of S. 1066, a bill to amend the National other purposes. Agricultural Research, Extension, and kansas (Mr. HUTCHINSON) were added as Teaching Policy Act of 1977 to encour- S. 2528 cosponsors of S. Res. 304, a resolution age the use of and research into agri- At the request of Ms. COLLINS, the expressing the sense of the Senate re- cultural best practices to improve the name of the Senator from Iowa (Mr. garding the development of edu- environment, and for other purposes. GRASSLEY) was added as a cosponsor of cational programs on veterans’ con- S. 1074 S. 2528, a bill to provide funds for the tributions to the country and the des- At the request of Mr. TORRICELLI, the purchase of automatic external ignation of the week that includes Vet- name of the Senator from Virginia (Mr. defibrillators and the training of indi- erans Day as ‘‘National Veterans ROBB) was added as a cosponsor of S. viduals in advanced cardiac life sup- Awareness Week’’ for the presentation 1074, a bill to amend the Social Secu- port. of such educational programs. rity Act to waive the 24-month waiting S. 2612 S. RES. 329 period for medicare coverage of indi- At the request of Mr. DEWINE, his At the request of Mr. L. CHAFEE, the viduals with amyotrophic lateral scle- name was added as a cosponsor of S. name of the Senator from Pennsyl- rosis (ALS), and to provide medicare 2612, a bill to combat Ecstasy traf- vania (Mr. SANTORUM) was added as a coverage of drugs and biologicals used ficking, distribution, and abuse in the cosponsor of S. Res. 329, a resolution for the treatment of ALS or for the al- United States, and for other purposes. urging the Government of Argentina to leviation of symptoms relating to ALS. S. 2644 pursue and punish those responsible for S. 1128 At the request of Mr. GORTON, the the 1994 attack on the AMIA Jewish At the request of Mr. KYL, the name name of the Senator from Maryland Community Center in Buenos Aires, of the Senator from New Hampshire (Mr. SARBANES) was added as a cospon- Argentina. (Mr. SMITH) was added as a cosponsor sor of S. 2644, a bill to amend title f of S. 1128, a bill to amend the Internal XVIII of the Social Security Act to ex- Revenue Code of 1986 to repeal the Fed- pand medicare coverage of certain self- SENATE CONCURRENT RESOLU- eral estate and gift taxes and the tax injected biologicals. TION 127—EXPRESSING THE on generation-skipping transfers, to SENSE OF THE CONGRESS THAT provide for a carryover basis at death, S. 2645 THE PARTHENON MARBLES and to establish a partial capital gains At the request of Mr. THOMPSON, the SHOULD BE RETURNED TO exclusion for inherited assets. names of the Senator from Alabama GREECE; TO THE COMMITTEE ON ESSIONS S. 1874 (Mr. S ), the Senator from Iowa FOREIGN RELATIONS At the request of Mr. DEWINE, his (Mr. GRASSLEY), and the Senator from Alabama (Mr. SHELBY) were added as Mr. FITZGERALD submitted the fol- name was added as a cosponsor of S. lowing resolution; which was referred 1874, a bill to improve academic and so- cosponsors of S. 2645, a bill to provide for the application of certain measures to the Committee on Foreign Rela- cial outcomes for youth and reduce tions: both juvenile crime and the risk that to the People’s Republic of China in re- youth will become victims of crime by sponse to the illegal sale, transfer, or S. CON. RES. 127 providing productive activities con- misuse of certain controlled goods, Whereas the Parthenon was built on the ducted by law enforcement personnel services, or technology, and for other hill of the Acropolis at Athens, Greece in the purposes. mid-fifth century B.C. under the direction of during non-school hours. the Athenian statesman Pericles and the de- S. 1941 S. 2739 sign of the sculptor Phidias. At the request of Mr. DODD, the name At the request of Mr. LAUTENBERG, Whereas the Parthenon is the ultimate ex- of the Senator from New Mexico (Mr. the names of the Senator from New pression of the artistic genius of Greece, the

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13379 preeminent symbol of the Greek cultural urged the British government to return the Whereas His Holiness, Pope John Paul II, heritage—its art, architecture, and democ- Parthenon Marbles to their natural setting has used his position as a world leader to be- racy—and of the contributions that modern in Greece; come the foremost voice to foster ties of Greeks and their forefathers have made to Whereas the British House of Commons Se- brotherhood and for the promotion of peace civilization; lect Committee on Culture, Media and Sport and reconciliation in the world today: Now, Whereas over 100 pieces of the Parthenon’s is to be commended for examining the issue therefore, be it sculptures—now known as the Parthenon of the disposition of the Parthenon Marbles Resolved by the Senate (the House of Rep- Marbles—were removed from the Parthenon in hearings held this year; resentatives concurring), That the Congress under questionable circumstances between Whereas returning the Parthenon Marbles urges the Nobel Commission to award the 1801 and 1816, while Greece was still under to Greece would be a gesture of good will on Nobel Prize for Peace to His Holiness, Pope Ottoman rule; the part of the British Parliament, and John Paul II. Whereas the removal of the Parthenon would in no way affect the disposition of f Marbles, including their perilous voyage to other objects in museums around the world; Great Britain and their careless storage and SENATE CONCURRENT RESOLU- Whereas in 2004 the Olympics will return to there for many years, greatly endangered the TION 129—EXPRESSING THE Greece, where the Olympics began, and the Marbles; SENSE OF CONGRESS REGARD- Whereas the Parthenon Marbles were re- Parthenon Marbles should be returned to their home in Athens by that time: Now, ING THE IMPORTANCE AND moved to grace the private home of Lord therefore, be it VALUE OF EDUCATION IN Elgin, who transferred the Marbles to the Resolved by the Senate (the House of Rep- UNITED STATES HISTORY British Museum only after severe personal resentatives concurring), That it is the sense economic misfortunes; of the Congress that the Government of the Mr. LIEBERMAN (for himself, Mr. Whereas the sculptures of the Parthenon United Kingdom should enter into negotia- GORTON, Mr. SMITH of Oregon, Mr. were designed as an integral part of the tions with the Government of Greece as soon CLELAND, Mr. BYRD, Mr. CONRAD, Mr. structure of the Parthenon temple; the carv- as possible to facilitate the return of the BENNETT, and Mr. GRAMS) submitted ings of the friezes, pediments, and metopes Parthenon Marbles to Greece before the the following concurrent resolution; are not merely statuary, movable decorative Olympics in 2004. art, but are integral parts of the Parthenon, which was considered and agreed to: which can best be appreciated if all the Par- f S. CON. RES. 129 thenon Marbles are reunified; CONCURRENT RESOLUTION 128— Whereas basic knowledge of United States Whereas the Parthenon has served as a URGING THE NOBEL COMMISSION history is essential to full and informed par- place of worship for ancient Greeks, Ortho- TO AWARD THE NOBEL PRIZE ticipation in civic life and to the larger vi- dox Christians, Roman Catholics, and Mus- brancy of the American experiment in self- lims; FOR PEACE TO HIS HOLINESS, POPE JOHN PAUL II, FOR HIS government; Whereas the Parthenon has been adopted Whereas basic knowledge of the past serves by imitation by the United States in many DEDICATION TO FOSTERING as a civic glue, binding together a diverse preeminent public buildings, including the PEACE THROUGHOUT THE people into a single Nation with a common Lincoln Memorial; WORLD purpose; Whereas the Parthenon is a universal sym- Whereas citizens who lack knowledge of bol of culture, democracy, and freedom, Mr. SANTORUM submitted the fol- United States history will also lack an un- making the Parthenon Marbles of concern lowing concurrent resolution; which derstanding and appreciation of the demo- not only to Greece but to all the world; was referred to the Committee on For- cratic principles that define and sustain the Whereas, since obtaining independence in eign Relations: Nation as a free people, such as liberty, jus- 1830, Greece has sought the return of the S. CON. RES. 128 tice, tolerance, government by the consent Parthenon Marbles; Whereas His Holiness, Pope John Paul II, Whereas the return of the Parthenon Mar- of the governed, and equality under the law; has worked tirelessly and as much as any bles would be a profound demonstration by Whereas a recent Roper survey done for other world leader to bring peace to regions the United Kingdom of its appreciation and the American Council of Trustees and Alum- of the world which have known strife, intol- respect for the Parthenon and classical art; ni reveals that the next generation of Amer- Whereas, even without considering the erance, and violence for far too long; ican leaders and citizens is in danger of los- legal issues surrounding the removal of the Whereas His Holiness, Pope John Paul II, ing America’s civic memory; Parthenon Marbles, the United Kingdom knows the persecution of oppression, having Whereas the Roper survey found that 81 should return them in recognition that the studied for the priesthood in secrecy and percent of seniors at elite colleges and uni- Parthenon is part of the cultural heritage of having seen those he grew up with killed and versities could not answer basic high school the entire world and, as such, should be victimized due to the Nazi Occupation, and level questions concerning United States his- made whole; later witnessing firsthand the communist tory, that scarcely more than half knew gen- Whereas Greece would provide care for the subjugation of his native Poland; eral information about American democracy Parthenon Marbles equal or superior to the Whereas His Holiness, Pope John Paul II, and the Constitution, and that only 22 per- care provided by the British Museum, espe- since his installment as Cardinal of the cent could identify the source of the most fa- cially considering the irreparable harm Church, has traveled more extensively mous line of the Gettysburg Address; caused by attempts by the museum to re- throughout the world than any predecessor, Whereas many of the Nation’s colleges and move the original color and patina of the spreading his message of peace, religious universities no longer require United States marbles with abrasive cleaners; freedom, and human dignity; history as a prerequisite to graduation, in- Whereas Greece is constructing a new, per- Whereas His Holiness, Pope John Paul II, cluding 100 percent of the top institutions of manent museum to house all the Marbles, was instrumental in the demise of com- higher education; protected from the elements and in full view munism in his native Poland, which in turn Whereas 78 percent of the Nation’s top col- of the Acropolis; fostered the spread of democracy throughout leges and universities no longer require the Whereas Greece and various international the world; study of any form of history; committees have pledged to work with the Whereas His Holiness, Pope John Paul II, Whereas America’s colleges and univer- British government to negotiate mutually has reached out in an unprecedented manner sities are leading bellwethers of national pri- agreeable conditions for the return of the to people of other beliefs and religions to es- orities and values, setting standards for the Parthenon Marbles; tablish a dialog which may lead to greater whole of the United States’ education sys- Whereas the people of the United Kingdom understanding, healing, and harmony, in- tem and sending signals to students, teach- do not have an ancient bond to the Par- cluding praying for unity among Christian ers, parents, and public schools about what thenon Marbles, given that the Marbles have churches, reaching out towards a reconcili- every educated citizen in a democracy must been in London for less than 200 years of the ation with the Jewish people, and specifi- know; over 2,430 year history of the Parthenon was cally acknowledging those times the Catho- Whereas many of America’s most distin- built, and as evidenced by a 1998 poll in lic Church has failed to act in accordance guished historians and intellectuals have ex- which only 15 percent of the Britons polled with its teachings; pressed alarm about the growing historical recalled having seen the Marbles in the Brit- Whereas in March of this year, His Holi- illiteracy of college and university graduates ish Museum; ness, Pope John Paul II, led a historic pil- and the consequences for the Nation; and Whereas the British people support the re- grimage to the Middle East, including Jor- Whereas the distinguished historians and turn of the Parthenon Marbles, as reflected dan, Israel, and the Palestinian territories, intellectuals fear that without a common in several recent polls; preaching coexistence, peace, tolerance, and civic memory and a common understanding Whereas a resolution signed by a majority goodwill throughout this historically con- of the remarkable individuals, events, and of members of the European Parliament flicted territory; and ideals that have shaped the Nation, people in

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 13380 CONGRESSIONAL RECORD—SENATE June 30, 2000 the United States risk losing much of what are committed to assisting in the full imple- Ireland, including ways to encourage it means to be an American, as well as the mentation of the recommendations con- widespread community support for the ability to fulfill the fundamental responsibil- tained in the Patten Commission report police. The Commission, chaired by Sir ities of citizens in a democracy: Now, there- issued on September 9, 1999 before the Fed- Christopher Patten, concluded its work fore, be it eral Bureau of Investigation or any other Resolved by the Senate (the House of Rep- Federal law enforcement agency can provide on September 9, 1999, and issued a final resentatives concurring), That it is the sense training for the Royal Ulster Constabulary; report with 175 recommendations to en- of Congress that— Whereas a May 5, 2000, joint letter by the sure a new beginning for policing in (1) the historical illiteracy of America’s British Prime Minister and the Irish Prime Northern Ireland. college and university graduates is a serious Minister stated that ‘‘legislation to imple- On May 5, a joint letter by the Brit- problem that should be addressed by the Na- ment the Patten report will, subject to Par- ish Prime Minister and the Irish Prime liament, be enacted by November 2000’’; tion’s higher education community; Minister stated that ‘‘legislation to im- (2) boards of trustees and administrators at Whereas on May 16, 2000 the British Gov- institutions of higher education in the ernment published the proposed Police plement the Patten report will, subject United States should review their curricula (Northern Ireland) bill, which purports to to Parliament, be enacted by November and add requirements in United States his- implement in law the Patten report; 2000.’’ On May 16, the British Govern- tory; Whereas many of the signatories to the ment published its proposed legislation (3) State officials responsible for higher Good Friday Agreement have stated that the to implement in law the Patten report. draft bill does not live up to the letter or education should review public college and Unfortunately, the draft bill does not university curricula in their States and pro- spirit of the Patten report and dilutes or mote requirements in United States history; does not implement many key recommenda- live up to the letter or spirit of the (4) parents should encourage their children tions of the Patten Commission; Patten report. It dilutes or does not to select institutions of higher education Whereas Northern Ireland’s main nation- implement many of its key rec- with substantial history requirements and alist parties have indicated that they will ommendations. Northern Ireland’s students should take courses in United not participate or encourage participation in main nationalist parties and represent- States history whether required or not; and the new policing structures unless the Pat- atives of the Catholic Church are deep- (5) history teachers and educators at all ten report is fully implemented; and ly concerned about the proposed legis- Whereas on June 15, 2000, British Secretary levels should redouble their efforts to bolster lation, and they have indicated that the knowledge of United States history of State for Northern Ireland Peter among students of all ages and to restore the Mandelson said, ‘‘I remain absolutely deter- they will not participate or encourage vitality of America’s civic memory. mined to implement the Patten rec- participation in the new policing struc- ommendations and to achieve the effective tures unless the Patten report is fully f and representative policing service, accepted implemented. I ask unanimous consent SENATE RESOLUTION 332—EX- in every part of Northern Ireland, that his that documents outlining concerns PRESSING THE SENSE OF THE report aimed to secure’’: Now, therefore, be with the draft legislation may be in- it SENATE WITH RESPECT TO THE cluded in the RECORD at the end of my Resolved, That the Senate— PEACE PROCESS IN NORTHERN (1) commends the parties for progress to remarks. IRELAND date in implementing all aspects of the Good British Secretary of State for North- Mr. KENNEDY (for himself, Mr. Friday Agreement and urges them to move ern Ireland, Peter Mandelson, has rec- DODD, Mr. LEAHY, and Mr. MACK) sub- expeditiously to complete the implementa- ognized that the bill ‘‘will need fine mitted the following resolution; which tion; tuning’’ as it proceeds through the Par- (2) believes that the full and speedy imple- liament. On June 15, he said, ‘‘I remain was referred to the Committee on For- mentation of the recommendations of the eign Relations: Independent Commission on Policing for absolutely determined to implement S. RES. 332 Northern Ireland holds the promise of ensur- the Patten recommendations and to Whereas the April 10, 1998 Good Friday ing that the police service in Northern Ire- achieve the effective and representa- Agreement established a framework for the land will gain the support of both national- tive policing service—accepted in every peaceful settlement of the conflict in North- ists and unionists and that ‘‘policing struc- part of Northern Ireland—that his re- ern Ireland; tures and arrangements are such that the po- port aimed to secure.’’ Whereas the Good Friday Agreement stat- lice service is fair and impartial, free from The resolution we are introducing ed that it provided ‘‘the opportunity for a partisan political control, accountable...to the community it serves, representative of today expresses the Sense of the Sen- new beginning to policing in Northern Ire- ate that the full and speedy implemen- land with a police service capable of attract- the society that it polices...[and] complies ing and sustaining support from the commu- with human rights norms’’, as mandated by tation of the recommendations of the nity as a whole’’; the Good Friday Agreement; and Independent Commission on Policing Whereas the Good Friday Agreement pro- (3) calls upon the British Government to for Northern Ireland holds the best vided for the establishment of an Inde- fully and faithfully implement the rec- hope of ensuring that the police service pendent Commission on Policing to make ommendations contained in the September 9, in Northern Ireland will gain the sup- ‘‘recommendations for future policing ar- 1999, Patten Commission report on policing. port of both nationalists and unionists rangements in Northern Ireland including Mr. KENNEDY. Mr. President, today and that ‘‘policing structures and ar- means of encouraging widespread commu- Senators DODD, LEAHY, MACK, and I are rangements are such that the police nity support for these arrangements’’; introducing a resolution on police re- service is fair and impartial, free from Whereas the Independent Commission on form in Northern Ireland. Policing, led by Sir Christopher Patten, con- partisan political control, accountable Policing has long been a contentious . . . to the community it serves, rep- cluded its work on September 9, 1999 and pro- issue in Northern Ireland. The deep his- posed 175 recommendations in its final report resentative of the society that it po- torical divisions in Northern Ireland to ensure a new beginning to policing, con- lices . . . [and] complies with human have, according to the April 19, 1998 sistent with the requirements in the Good rights norms,’’ as mandated by the Good Friday Agreement, made policing Friday Agreement; Good Friday Agreement. It calls upon ‘‘highly emotive, with great hurt suf- Whereas the Patten report explicitly the British Government to fully and ‘‘warned in the strongest terms against cher- fered and sacrifices made by many in- ry-picking from this report or trying to im- dividuals and their families.’’ faithfully implement the recommenda- plement some major elements of it in isola- The Good Friday Agreement pre- tions contained in the Patten Commis- tion from others’’; sented an historic opportunity to cre- sion report. Whereas section 405 of the Admiral James ate a new police service that is ac- The Patten report explicitly ‘‘warned W. Nance and Meg Donovan Foreign Rela- countable, impartial, representative, in the strongest terms against cherry- tions Authorization Act, Fiscal Years 2000 based on respect for human rights, and picking from this report or trying to and 2001 (as contained in H.R. 3427, as en- implement some major elements of it acted by section 1000(a)(7) of Public Law 106– that works in constructive partnership 113, and as contained in appendix G to such with the entire community. It provided in isolation from others.’’ Section 405 Public Law) requires President Clinton to for the establishment of an Inde- of the Foreign Relations Authorization certify, among other things, that the Gov- pendent Commission on Policing to Act (as enacted in the Consolidated Ap- ernments of the United Kingdom and Ireland make recommendations for Northern propriations Act for FY2000, P.L. 106–

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13381 113) requires President Clinton to cer- as long as a majority so determine. The RUC ing with years in which there might be a tify that the British and Irish govern- was not a neutral title, so it was rec- shortfall in the recruitment of suitably ments are committed to assisting in ommended to go, period. The codes of police qualified cultural Catholics, and it is also the full implementation of the Patten officers and their future training were to re- dangerously silent on targeting. The Bill flect a commitment to impartiality and re- does not even make clear whether the Gov- recommendations before the Federal spect for democratic unionism/loyalism and ernment will explicitly do what is necessary Bureau of Investigation or any other democratic nationalism/republicanism. The to meet the ‘‘critical mass’’ identified by federal law enforcement agency can display of the Union flag and the portrait of Patten. provide training for the Royal Ulster the Queen at police stations were rec- As drafted it is a recipe for minute change, Constabulary. It would be extremely ommended to go to dissociate the police that on current demographic trends will en- unfortunate if the shortcomings in the from identification with the Union, the sure that a shrinking minority of men of policing bill prevent President Clinton Crown and the British nation. In Patten’s unionist disposition will police a growing from making this certification. words symbols should be ‘‘free from associa- minority of nationalist disposition. tion with the British or Irish states’’. FREE FROM PARTISAN POLITICAL CONTROL Police reform is essential in North- Patten’s recommendations for a territory ern Ireland to ensure fairness and to that is primarly divided into two commu- A third term of reference required Patten strengthen the peace process. The Pat- nities that are of almost equal size but that to propose policing arrangements ‘‘free from ten report has the potential to create a have rival national allegiances were entirely partisan control.’’ genuine new police service that will sensible. They flowed straightforwardly from The Commission’s task was to ensure democratic accountability of policing ‘‘at all have and deserve the trust of all the the Belfast Agreement’s commitment to es- tablishing ‘‘parity of esteem’’ between the levels’’ while preventing any dominant polit- people in Northern Ireland. It would be ical party from being able to direct the po- a tragedy if this opportunity to achieve national traditions, and the British govern- ment’s commitment to ‘‘rigorous impar- lice to their advantage. The proposed Polic- a new beginning in policing is lost. I tiality’’ in its administration. ing Board was to meet this objective. On urge the Senate to approve this resolu- The Bill proposes that the Secretary of Patten’s model it would represent members tion. State be given the power to decide on the from political parties present in the Execu- Mr. President, I ask unanimous con- issues of name and emblems at some point in tive, according to the d’Hondt rule of propor- sent that additional material be print- the future, not a stay of execution, but a tional allocation. The District Policing Part- nership Boards (DPPBs) should also have ed in the RECORD. stay of decision. The Bill does not deal with these matters as Patten recommended, and met this objective—twenty out of twenty six There being no objection, the mate- local government districts now have office- rial was ordered to be printed in the this must be corrected as the Bill makes its way through Parliament. It would not be a rotation or power-sharing agreements. RECORD, as follows: recipe for re-igniting conflict, and a gift to Those seeking to amend the Bill should WHAT A TRAVESTY—POLICE BILL IS JUST A republican dissidents, if the Secretary of consider formally extending the d’Hondt PARODY OF PATTEN State were to opt, when he makes his deci- principle to party representatives on the (By Brendan O’Leary) sion, to retain the name of the RUC as part DPPBs a step entirely consistent with the There are two ways in which the Police of the reformed police’s working title. Agreement. (Northern Ireland) Bill before Parliament A title such as the ‘‘Police Service of The Bill thwarts Patten on the criterion of should be read. The first is to check whether Northern Ireland incorporating the RUC avoiding partisan control. By introducing a as promised by the Prime Minister, the Sec- whose long-serving members are not required requirement that the Policing Board operate retary of State, and the accompanying Ex- to take the new oath of service’’, would be a according to a weighted majority when rec- planatory Notes issued by the Northern Ire- mockery, replacing the virtues of political ommending an inquiry it effectively re-es- land Office it effectively implements the re- compromise with surrender to blackmail. tablishes partisan unionist control. On Pat- ten’s model, ten members of the Policing port of the Independent Commission on Po- ‘‘REPRESENTATIVE’’ POLICE SERVICE licing for Northern Ireland, and thereby is Board would come from the parties in the Patten’s second term of reference was to current Executive—currently five national- consistent with the terms of the Belfast establish a ‘‘representative’’ police service. Agreement. The second is to assess whether ists and five unionists, and the other nine The commissioners proposed recruiting would have been nominated by the First the Bill will provide policing arrangements Catholics and non-Catholics in a 50:50 ratio that are appropriate to a democratic state, Minister and Deputy First Ministers, which from the pool of qualified candidates for the would likely and reasonably imply a slight and that will stabilize Northern Ireland. next ten years. This matches the population My assessment is negative on both counts. majority broadly of unionist disposition—a ratios in the younger age-cohorts. On their reflection of Northern Ireland society. Under The Bill therefore requires radical amend- model—given early and scheduled retire- ment by the friends of the Belfast Agreement the model proposed in the Bill, the nine ap- ments of serving officers—this policy would pointed members will, in the first instance, in Parliament, and if these radical amend- ensure that 30 percent of the service would ments are not made I believe it is essential be appointed by the Secretary of State, not be of Catholic origin by year 10, and between foreseen by Patten. But even if this produces that genuine supporters of the Agreement 17 percent and 19 percent within four years should vote against this Bill becoming law. the same outcomes as joint nominations (above the critical mass of 15 percent that from the First and Deputy First Ministers It does not implement the Patten Report: they claimed is necessary to change the po- What it implements is a slightly re-worked the Bill’s proposed weighted majority rule lice’s character). This is a significantly slow- will give unionists and unionist approved version of the Police (Northern Ireland) Act er pace of change than some of us advocated, of 1998, with half-hearted nods in the direc- members a blocking minority on matters as but the commissioners justified it because fundamental as pursuing reasonable inquir- tion of Patten. It is not just not good they wished to avoid a service that would enough; in some respects it is worse than the ies into allegations about police misconduct have non-Catholic Chiefs and Catholic Indi- or incompetence. status quo. ans. By intending to make each successive The Patten Report, by contrast, met its This is a direct violation of the terms of cohort religiously representative now, and terms of reference under the Belfast Agree- reference of the Agreement. by ensuring that the new service would be ment. Eight criteria were either explicitly or seen as impartial, the commissioners had an EFFICIENT AND EFFECTIVE POLICING implicitly mandated for the commissioner, I arguable case. Steps would, of course, still A fourth criterion set for Patten was to shall compare these directly with what is of- need to be taken to ensure that the new promote ‘‘efficient and effective’’ policing fered in the Bill before Parliament. Catholics are broadly representative of the arrangements. Here the commissioners IMPARTIALITY Catholic community—i.e. mostly nationalist scored highly. They deliberately avoided The first term of reference for Patten and or republican in political opinion. There false economies. Generous severance and his commissioners was to recommend how to would also need to be sufficient secondments early retirement packages were to ease quite create a widely acceptable ‘‘impartial’’ serv- from the Garda Siochana and elsewhere to fast changes in the composition and ethos of ice. The Commission chose to avoid pro- ensure a representative array of senior police the current personnel. They reasoned that an posing an explicitly bi-national or bi-cul- of Catholic origin. over-sized police service could fulfill the fol- tural police. Instead it plumped for neutral The Police Bill makes a mockery of these lowing tasks: impartiality between unionism/localism and recommendations. The period in which the Begin a novel and far-reaching experiment nationalism/republicanism. Its preference, police are to be recruited on a 50:50 basis has in community policing; the Northern Ireland Police Service (NIPS), been reduced to three years, with any exten- Deter hard-line paramilitaries opposed to was a neutral title, not least because nation- sion requiring a decision by the Secretary of the Agreement, and those tempted to return alists in the 1998 referendum, North and State. to active combat; South, overwhelmingly accepted the current The Bill is completely silent on aggrega- Manage large-scale public order functions status of Northern Ireland as part of the UK, tion, the policy proposed by Patten for deal- (mostly occasioned by the Loyal Orders); and

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 13382 CONGRESSIONAL RECORD—SENATE June 30, 2000 Facilitate faster changes in the services’ Rights Commission on its content. The Bill ness, trade unions, voluntary organisations, religious and gender composition than might explicitly excludes Patten’s proposed re- community groups and the legal profession’. otherwise be possible. quirement that an oath of service ‘respect The elected members cannot be ministerial The provisions enabling local governments the traditions and beliefs’ of people. The Po- office-holders. The unelected members to experiment and out-source policing serv- licing Board cannot inquire into past police (under a devolved government) were to be ap- ices were also designed to ‘‘market-test’’ ef- misconduct, and the Secretary of State is pointed by the First and Deputy Ministers. fectiveness, while the steps recommended to empowered to prevent the Ombudsman from The Board was therefore envisaged as produce greater ‘‘civilianisation’’ were to so doing. broadly representative, in both its elected free personnel for mainstream policing tasks This was a sixth criterion that Patten had and unelected members, and at one remove and deliver long-run savings. a meet; the Commission’s terms of reference from direct executive power so that it was The Bill is multiply at odds with Patten on included ‘at all levels’. Accountable decen- less likely to become the mere instrument of efficiency and effectiveness. It fails to pro- tralisation was proposed through giving di- ministers. vide a clearly effective system of account- rectly elected local governments opportuni- A similar logic lay behind Patten’s pro- ability, which means that existing inefficien- ties to influence the policy formulation of posal to give the Board responsibility for ne- cies will continue to flourish, and ineffec- the Policing Board though their own District gotiating the annual policing budget with tiveness will be overlooked. The Secretary of Policing Partnership Boards. The latter the Northern Ireland Office, or with the ap- State is, bizarrely, empowered to prevent an would not merely have had the power to propriate successor body after devolution’. inquiry by the Policing Board if it is deemed question police district commanders but The Report, contrary to what scare- not to be in the interests of efficiency and would have the ability to use their own re- mongers and the right-wing press suggested, the effectiveness of the police as if the prime sources to ‘purchase additional services from was not intended to destroy the operational activity of a Board which requires a weight- the police or statutory agencies, or from the responsibility of the police, or indeed to ed majority to start an enquiry will be to private sector’. party-politicise its management. It was in- embark on wasteful investigations! The Sec- The Patten Report sensibly also com- tended to let police managers manage, but to retary of State, and not the Policing Board, mended significant internal decentralisation hold them, post-factum, to account for their is charged with setting targets and perform- within the police, stripping away redundant implementation of the Policing Board’s gen- ance indicators for the police a recipe for layers of management to free up district eral policing policy, and to enhance the producing an ineffective Board, ‘not the commanders to deliver sensitive policing ac- audit and investigative capacities of the strong independent and powerful Board’ that cording to local needs. Better still, Patten Board in holding the police to account for Patten recommended. The full-time reserve, recommended matching police internal man- their implementation, financial and other- which Patten recommended should be dis- agement units to local government districts. wise, of the Board’s policy. banded, in the interests of efficiency and pro- The Bill maintains centralisation in three In the Patten Report’s vision the police moting fast changes in composition, is, so ways. First, it gives power to the Secretary should become fully part of a self-governing far as I can tell, left on a statutory basis in of State that Patten intended should be im- democratic society, transparently account- the Bill. And the District Policing Partner- mediately devolved to the First and Deputy able to its representatives, rather than a po- ship Boards have been eviscerated because of First Ministers. Secondly, the Bill weakens tentially self-serving, unaccountable group propaganda about paramilitaries on the Patten’s recommendations regarding decen- of budget maximisers, mission-committed to rates. It is simply amazing that grown-up tralisation to district councils and gives the their own conceptions of good policing. The people could accuse Christopher Patten, an Secretary of State the right to issue instruc- new service would have ‘operational respon- intelligent Tory, of signing a report to sub- tions to the DPPBs. sibility’ but would have to justify its uses of sidize paramilitarism; but it is perhaps more Patten recommended that these be able to its managerial discretion. amazing that the Government can present contribute up to the ‘equivalent of a rate of What, by comparison with the Patten Re- this Bill as a text to implement the Patten 3p in the pound’ to pay for extra policing port, is in the Bill? Proposals to strengthen Report. services to meet their distinctive needs. This the Secretary of State, to strengthen the HUMAN RIGHTS CULTURE provision is not in the Bill. Thirdly, Patten powers of the Chief Constable, to weaken the A fifth term of reference which Patten had was committed to the establishment of new Policing Board from its inception, and to meet was policing arrangements infused neighborhood policing: that every neighbor- to return policing to the police rather than with a human rights culture. Patten’s com- hood should have a dedicated policing team, have policing pressurised by and organized missioners did their job. It is proposed that that its officers have their names and the by a network of mutually supportive agen- new and serving officers would have knowl- names of their neighborhood displayed on cies. The Chief Constable has powers of refusal edge of human rights built into their train- their uniforms, and that they should serve 3– to respond to reasonable requests by the ing and re-training (provided by non-police 5 years in the same neighborhood. The Bill Board. The Secretary of State, not the personnel) and their codes of practice. The contains no such provisions. Board, sets targets and performance indica- astonishing absence of legal personnel within DEMOCRATIC ACCOUNTABILITY tors. The Board cannot inquire into the past, the RUC with expertise in human rights was The seventh and perhaps the most impor- and is more or less prevented from making singled out for remedy. The incorporation of tant criterion that Patten and his commis- into inquiries into police misconduct or in- the European Convention into UK public sioners had to meet was ‘democratic ac- competence in the future. The Board’s role law, and Northern Ireland’s own forthcoming countability’. in budgetary planning is, so far as I can tell, special provisions to strengthen the rights of Patten’s subject was ‘policing Northern downgraded into that of being a lobbying national, religious and cultural minorities, Ireland’ not ‘the police in Northern Ireland’. group for the Chief Constable. were welcomed as likely to ensure that po- Policing should not be the monopoly of a po- The Board is in fact so weakened that the licing and legal arrangements have to per- lice force, as it is called throughout this Bill, old Policing Authority has quite correctly form to higher standards than in the past, or indeed of a service, as Patten commended. condemned the Bill—a response no one would but other international norms were also held Policing should be organized in a self-gov- have predicted when the Prime Minister and out as benchmarks: ‘compliance * * * with erning democratic society by a plurality of the Secretary of State welcomed the Patten international human rights standards and agents and organizations, indeed by a net- Report. norms are * * * an important safeguard both work of such organisations. It should not be The Ombudsman, the Equality Commission to the public and to police officers carrying exclusively the responsibility of a mono- and the Human Rights Commission have no out their duties’ (Patten, para: 5.17). Patten, lithic, centralised, line-hierarchy, detached appropriate free-ranging rights of access to para: 5.17). Patten’s proposed steps for nor- and apart from the rest of society. Ultimate policing documentation. The Chief Constable malizing the police dissolving the special responsibility for the security of persons and is not even required as a measure of trans- branch into criminal investigations, and property in society should remain with citi- parency to declare his staff’s individual par- demilitarising the police in step with hoped- zens and their representatives. This logic ticipation in secret societies. for decommissioning, also met the human was apparent in the title and proposed rights objectives of the Agreement. organisation of the proposed ‘Policing Board’ MEETING THE AGREEMENT? The Police Bill on this criterion, as in oth- that was recommended to replace the Lastly, the Patten Report and the Bill ers is almost a parody of the Patten Report. present entirely unelected Police Authority were supposed to be consistent with the let- The Bill restricts the new oath, which in- which, despite its name, has no authority ter and the spirit of the Belfast Agreement. cludes a commitment to human rights to and even less legitimacy. The Board, as Patten’s Report definitely met its terms of new officers. It incorporates no standards of emphasised, was to bring together ten elect- reference. The Bill does not. It is incompat- rights protection higher than that in the Eu- ed politicians drawn in proportion to their ible with ‘parity of esteem’, ‘rigorous impar- ropean Convention. It places responsibility representative strength in seats, from the tiality’ by the UK government, and the ob- for a Code of Ethics not with the Policing parties that comprise the new Executive jectives set for policing in the Agreement. Board, but with the Chief Constable, who is with nine appointed members, representative The Bill does not in its unamended form rep- not obligated to consult the new Human of a range of sectors of civil society, ‘busi- resent the promised ‘new beginning’. It does

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.002 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13383 not ‘recognise the full and equal legitimacy servative in England feel if, in order to pur- whelming evidence of support in the Catholic and worth of the identities, senses of alle- sue a career in the police, they had to join community for a change to the symbols and giance and ethos of all sections of the com- new Labour?’’. ethos of the RUC. munity’. It will not produce a ‘service [that] As a result of their consultations, the The second major weakness of the survey is effective and efficient, fair and impartial, bishops concluded, and made clear to the was that it did not focus on the opinions of free from partisan political control; account- government, that the only way of encour- those who are most relevant to the issue of able . . . representative of the society it po- aging a sufficient number of young Catholics recruitment. that is—young Catholics—most lices . . . which conforms with human rights to join the police service was to implement notably those between 14 and 26 years of age. norms’. It will not encourage ‘widespread the Patten Report in full. Principals of Catholic schools, leaders of community support’ (all quotations from the Many people who wanted no change to the Catholic youth clubs and clergy who were text of the Agreement). It has been seen cultural domination of policing by unionism asked by the bishops about these issues were through and condemned by the SDLP, the were quick to accuse the bishops of pro- very clear about the opinion of this age Women’s Coalition, the Catholic Church in moting ‘green agenda’, or of joining a ‘pan- group, in regard to the sectarian bias of the Ireland, the Committee on the Administra- nationalist front’, totally ignoring the fact RUC and the need to change the name and tion of Justice, the Ombudsman, the existing that no one, including the bishops, had sug- symbols if the recruitment of young Catho- Police Authority, the Irish Government, and gested that the unionist domination of polic- lics in sufficient numbers was to become a President Clinton, as well as by Sinn Fein. ing should be exchanged for a nationalist possibility. The Police Authority survey did The Bill is a provocation, a fundamental one. What was being proposed was a vision of not take account of the views of this impor- breach of faith, perfidious Britannia in cari- a pluralist police service for a pluralist soci- tant group. cature. ety. The issue was not one of religious affili- At the end of the day the proverbial ‘‘dogs So what does the Bill represent? It rep- ation as such, but of the right of all citizens in the street’’ know that the most serious resents Old Britain. It has been drafted by to a neutral working environment, to pursue obstacle to the recruitment of young Catho- the forces of conservatism, for the forces of a career in the noble profession of policing lics remains the unapologetic and ongoing conservatism. It is a slightly smudged and without having to subjugate legitimate po- effort of the unionist community to domi- fudged facsimile of the 1998 Act. Unamended litical, cultural or religious convictions to nate policing and to obstruct the pluralist it will ensure that neither the SDLP of Sinn an exaggerated Unionist ethos which has and community based ethos proposed by the Fein will sit on the Policing Board, or rec- nothing to do with professional policing. Patten Report. The failure of the secretary ommend their constituents * * * Those unionist spokesmen on policing who of state to remain faithful to key elements were disappointed with the Catholic of the Patten Report in the current Policing CRUCIAL ROLE FOR THE CHURCH ON POLICING Church’s position decided to react by em- Bill and his willingness to subject a funda- (By Fr. Tim Bartlett) ploying an offensive distinction in their pub- mental issue of cycle justice—the right to The Catholic Church has a crucial role to lic statements between what they now call representative policing—to the ‘‘spin and play in the debate about policing. On the one ‘‘reasonable’’ Catholics and ‘‘unreasonable’’ win’’ of politics, has provided one of the hand it represents the religious tradition of Catholics, the latter of course referring to greatest ‘‘obstacles to encouragement’’ for those who are most under-represented in the that overwhelming majority of Catholics young Catholics to have emerged in recent current provision of policing while at the who do not subscribe to a unionist point of years. In this context any appeal to the same time, as a specifically religious institu- view. Apart from labelling the vast majority Catholic Church to ‘. . . make it a priority tion, it exists and operates outside the con- of Catholics, including the Catholic bishops to encourage Catholics to join’ is unlikely to fines of constitutional politics. As the trust- as ‘‘unreasonable’’, something which affirms be taken up by Church leaders. If the govern- ee of Catholic schools and of numerous youth the presence of an underlying ethnic superi- ment and the unionist community does have organisations it is also in a unique position ority within unionism, those who support a the recruitment of young Catholics as a pri- to influence that specific group which will continued unionist possession of policing ority, what hope has the Catholic Church? If we are to achieve the new beginning to have to be encouraged to join the police serv- also decided to ‘‘spin’’ a number of statis- policing made possible through the inde- ice if the huge religious and cultural imbal- tical findings about Catholics and policing. pendent adjudication of this issue by an ance within policing is to be redressed, that The rate of Catholic applications we were independent commission, then it is time for is—young Catholics. told had risen to 20 percent since the The Independent Commission on Policing ceasefires. This was heralded as proof that the unionist tradition to let go of its cul- openly acknowledged this pivotal role of the the main obstacle to Catholic recruitment to tural possession of policing and to acknowl- Church in regard to recruitment. It appealed the RUC had been the existence of a para- edge the real pain, suffering and sectarian directly to bishops, priests and school teach- military threat. What was conveniently ig- bias which many Catholics have experienced, ers to . . . take steps to remove all discour- nored, however, was the fact that a 20 per- and continue to experience, at the hands of agements to members of their communities cent application rate was merely a return to the RUC. It is time for the British govern- applying to join the police, and make it a the level of application which had existed ment to acknowledge that most Catholics priority to encourage them to apply. (15.2) prior to the troubles. Even then, without the have been ‘‘locked out’’ of policing for the While acknowledging that they did have a existence of a paramilitary threat for almost last 80 years because of their legitimately role to play, the Catholic bishops were equal- 50 years, the maximum level of participation held political and cultural beliefs and that in ly clear in their response. The responsibility in policing by Catholics for any sustained pe- a pluralist society this cannot continue to be for removing those things which discourage riod was never more than 12 percent. the case. The Catholic Church as gone to great Catholics from joining the police service We were also told the results of a survey lengths, in recent months, to pay tribute to rests, first and foremost, with the police by the Police Authority on issues such as the the RUC and to acknowledge the great price service itself and not with the Church or name and the badge. Interestingly the Police that RUC officers have paid in the effort to community leaders. Authority Report itself points out that we Drawing on their consultations with young must always be cautious about the way in maintain stability and peace. Apart from Catholics in schools, with school principals which we interpret and use opinion survey their various public statements, the decision and clergy, with lay people and legal profes- findings (p. 42). Even more interestingly, sev- by Archbishop Brady to attend the George sionals, the Catholic bishops were crystal eral important aspects of this survey have Cross award ceremony was a courageous and clear about what this would require—an end been conveniently ignored by those who op- public acknowledgement by the Catholic to the partisan political and cultural domi- pose a pluralist ethos in policing. One is the bishops that the future of policing, indeed of nation of policing by one side of the commu- fact that in regard to the proposed change of our whole society depends on giving due rec- nity, greater accountability and a clear com- name the survey did not ask Catholics ognition to the suffering and sacrifice which mitment to human rights in all aspects of whether they agreed or disagreed with a has been part of our collective past. What a policing. This in turn would require the re- change of name—it simply asked if this pity then that, as yet, Protestant Church moval of all those things which are not es- would lead to an increase in support for po- leaders, unionist politicians and the British sential to effective, professional policing but licing. This question was asked, however, in government in the current Policing Bill, which continue to present a serious obstacle relation to the slightly less contentious have not found it possible to offer any simi- to recruitment among the vast majority of issue of the badge. Here, when asked whether lar reassurance to the Catholic community young Catholics. This included those aspects they agreed or disagreed with a change of about the commitment of the Unionist-Brit- of current policing, such as the name and the symbolism associated with the badge ish tradition to the ‘‘new beginning to polic- badge, which require most young Catholics over 71% of Catholics agreed that the badge ing’’ promised by the Belfast agreement. to forego their legitimate political and cul- should be changed. This did not include the Such reassurances, from such voices, while tural allegiances and to submit to an ethos additional 19% who neither agreed nor dis- surprising, would certainly be a welcome and a culture which is not only unfamiliar agreed. What this indicated clearly, but change. but also frequently hostile. As one young which is not admitted by those who pub- ∑ Mr. LEAHY. Mr. President, I am Catholic put it, ‘‘How would a young Con- lished the report, is that there was over- pleased to join Senators KENNEDY,

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DODD, and MACK in introducing this a. Police Ombudsman him the broadest scope, latitude and inde- resolution on police reform in Northern With respect to the power of the Police pendence possible to enable him to effec- Ireland. Ombudsman, the Patten Commission rec- tively carry out his essential mission. Police reform is necessary in North- ommended that: HUMAN RIGHTS STANDARDS ern Ireland to guarantee fairness and ‘‘[The Ombudsman] should exercise the Finally, we are concerned that the Bill to advance the peace process. power to initiate inquiries and investiga- fails to establish adequate means for incor- Our resolution expresses the Sense of tions even if no specific complaint has been porating a human rights culture into polic- ing in Northern Ireland. Members of the Pat- the Senate that the full and speedy im- received . . . (and) should exercise the right to investigate and comment on police poli- ten Commission understood that inter- plementation of the Patten Commis- cies and practices, where these are perceived national norms are important safeguards to sion’s recommendations on reforming to give rise to difficulties.’’ (Recommenda- both ‘‘the public and to the police officers the police service in Northern Ireland tion 38). carrying out their duties.’’ (Recommenda- holds the promise of ensuring that the In rejecting both the spirit and the letter tion 5.17). The Police Bill should reflect this police service will gain the support of of this recommendation, you indicated at the principle at every opportunity—in defining both nationalists and unionists. It calls Second Reading that you believed you were the function of the Police Board, the role of right ‘‘to resist the suggestion that the Om- the police, and organising principles of the on the British Government to fully and Code of Ethics. faithfully implement the recommenda- budsman should also have powers to review the policies and practices of the police serv- Official accountability is an essential key tions included in the Patten Commis- ice.’’ You proposed, instead, that she would to building public confidence in a new polic- sion report. It also commends the par- be able to raise wider issues only in the ing institution in Northern Ireland. I am ties to the Good Friday Agreement for course of investigating individual com- sure you can appreciate that without this progress to date in implementing all plaints. public credibility, all reform efforts will be aspects of the Good Friday Agreement The government’s proposal, if accepted, seriously undermined. You have been pre- sented with a unique opportunity to insti- will create a system that would allow the and urges them to move expeditiously tute effective and lasting reforms within the Ombudsman to only address patterns of mis- to complete the implementation. police in Northern Ireland which puts a pre- conduct by chance. Such an inquiry would Mr. President, I ask unanimous con- mium on respect for human rights. If suc- only be triggered if a person happens to come sent that documents which raise con- cessful, the Northern Ireland experience cerns about police reform legislation forward with an individual complaint that could become a model for other countries also reveals a wider issue. This is contrary to be included at the end of my remarks. around the world embarking on their own the Patten Commission’s recommendation, path to reform. But success must be built on I urge my colleagues to approve this and does not seem the most effective way to resolution. a legislative framework that ensures the monitoring police adherence to human rights fullest official accountability. There being no objection, the mate- standards. We will continue to closely monitor the de- rial was ordered to be printed in the b. Policing Board velopment of this legislation. We look for- RECORD, as follows: In proposing the creation of a police board, ward to hearing from you and would wel- LAWYERS COMMITTEE the Patten Commission recognised that the come the opportunity to meet with you or FOR HUMAN RIGHTS, Board could only be effective if it were inde- your representatives to discuss these issues New York, NY, June 16, 2000. pendent and powerful. (see Patten Report, further. Respectfully, Re Northern Ireland police bill. paragraph 6.23). The Commission proposed that the Policing Board have power to ini- MICHAEL POSNER, The Rt. Hon. PETER MANDELSON, Executive Director. Secretary of State for Northern Ireland, North- tiate inquiries so that it had an alternative mechanisms to ensure accountability, and ern Ireland Office, Stormont Castle, Belfast, POLICE BILL LOOKS SET TO RENDER POLICING not be limited to the extreme remedy of call- Northern Ireland. BOARD INEFFECTIVE DEAR MR. MANDELSON: We are writing to ing upon the Chief Constable to retire. In rejecting this recommendation, the pro- The Police Authority today expressed you to convey our continued concern about ‘‘deep concern’’ about the new Police (NI) the proposed Northern Ireland Police Bill. posed legislation bars the Policing Board’s ability to inquire into past misconduct and Bill 2000. We recognise the difficult choices you face in Authority Chairman Pat Armstrong gives the Secretary of State the power to implementing a comprehensive program of stressed that although the body was reluc- prevent the Ombudsman from doing so. Al- police reform in Northern Ireland. We are tant to criticise new legislation it felt it had though we are pleased that you have indi- aware also of the deep sensitivities sur- no alternative. rounding the police issues that cut across re- cated your initial proposal has ‘‘probably ‘‘The Police Authority hoped to have been ligious, racial and political lines. We com- gone too far in the limitations’’ imposed on able to give the same broad welcome to this mend you for the time and attention you the Policing Board’s powers, we are con- Bill which it gave to the Patten report when have directed to this highly important sub- cerned that you appear to still believe that it was published. ject. It is precisely because it is so important the power to initiate inquiries is ‘extreme’. ‘‘We want to see policing in Northern Ire- that we write to you again following our let- We urge you to ensure that the legislation land move forward. Although the main pub- ter on May 26, to register concerns that arise reflects the Patten Commission’s major em- lic focus on this legislation so far has been out of the debate at the Second Reading of phasis on the centrality of human rights by about the name and symbols of the police the Bill. granting these monitoring bodies the power service, we feel that damaging limitations At the Reading, you emphasised the need proposed by the Commission. on the powers of the new Policing Board rep- to concentrate on ‘‘detail’’ and to move away OVERSIGHT COMMISSIONER resent the real meat of the debate. ‘‘The Police Authority has worked vigi- from ‘‘rhetoric’’ and ‘‘hyperbole’’. We agree, The new Oversight Commissioner, Mr. Con- lantly for the last thirty years to ensure po- and recognise that this is a critical time to stantine, will have a critically important lice accountability to the people of Northern ensure that the legislation accurately em- role in implementing police reform and re- Ireland and to protect the police service bodies the recommendations made by the structuring. The Patten Commission’s Re- from political intervention. In doing so we Patten Commission. However, we take port proposed wide powers and latitude for have made no secret of the fact that our strong exception to your assertion that the the Oversight Commissioner. We are pleased powers have always been severely limited by ‘‘spirit as well as the letter’’ of the Bill you that the Commissioner’s terms of reference the restrictions imposed on us by successive are proposing fully implements the Patten will have a statutory basis, and we look for- Commission’s recommendations. To the con- Secretaries of State. ward to studying the amendments brought ‘‘We therefore welcomed Patten’s proposal trary, we are greatly concerned that the pro- forward on this point. We consider it vital posed legislation fails to implement key ele- and believed it would at long last create a that the Oversight Commissioner’s mandate strong, independent and powerful Policing ments of the Patten Commission’s Rec- relates to his responsibility for overseeing ommendations especially relating to Police Board for the community at large. the implementation of the breadth of change ‘‘Worryingly, the early signs in this Bill accountability. envisaged in the Patten Commission’s rec- are that the Secretary of State is trying to POLICE OMBUDSMAN AND POLICING BOARD ommendations, and not simply the Imple- curb the powers of this new Board and sub- In particular, the legislation significantly mentation Plan. From a cursory reading of stantially weaken its credibility before it curtails the powers of the Police Ombudsman the Implementation Plan, it is clear that it even gets off the ground. and the Policing Board. In fact, as it now rests considerable discretion in the Chief ‘‘While we haven’t had the opportunity to stands, the legislation appears to undermine Constable, a constraint that is at odds with analyze the full impact of the Secretary of the very mechanism that the Patten Com- the overall approach envisioned by the Pat- State’s proposals, it seems that if the legis- mission envisaged as necessary for holding ten Report. We strongly urge that the Com- lation goes through as it stands, the new Po- the police force and its Chief accountable. mission’s written terms of reference give licing Board could actually have less power

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13385 then the current Police Authority—a situa- hour visit, and the equivalent of $750 worth KERREY (AND OTHERS) tion we find ludicrous and totally unaccept- of merchandise for a visit of over 7 days; AMENDMENT NO. 3701 able.’’ Whereas Mexico has a 2-tiered personal ex- ‘‘Police planning and financial control are emption allowance for its returning resi- Mr. HARKIN (for Mr. KERREY (for two key areas where it seems the new Board dents, set at the equivalent of $50 worth of himself, Mr. BINGAMAN and Mr. ENZI)) will have a reduced role, while the Secretary merchandise for residents returning by car proposed an amendment to the bill, of State enjoys greater influence. and the equivalent of $300 worth of merchan- H.R. 4577, supra; as follows: ‘‘And where the Board was supposed to get dise for residents returning by plane; On page 68, line 2, before the colon, insert new powers, it seems rigid restrictions have Whereas Canadian and Mexican retail busi- the following: ‘‘, of which $250,000 shall be for been imposed. On the power to initiate nesses have an unfair competitive advantage the Web-Based Education Commission’’. enquiries for example, it is difficult to see over many American businesses because of how the Board could ever satisfy all the con- the disparity between the personal exemp- ditions required by the Secretary of State.’’ tion allowances among the 3 countries; COLLINS (AND OTHERS) ‘‘This is not the first time that Govern- Whereas the State of Maine legislature AMENDMENT NO. 3702 ment has attempted to control policing in passed a resolution urging action on this Mr. SPECTER (for Ms. COLLINS (for Northern Ireland. In our original submission matter; to the Patten Commission we catalogued Whereas the disparity in personal exemp- herself, Mr. FEINGOLD, Mr. JEFFORDS, consistent attempts by the Government over tion allowances creates a trade barrier by Mr. BIDEN, Mrs. MURRAY, Mr. ENZI, Mr. the years to suppress the powers of the Po- making it difficult for Canadians and Mexi- WELLSTONE, Mr. BINGAMAN, Mr. ROBB, lice Authority. cans to shop in American-owned stores with- Mr. KERRY, Mr. ABRAHAM, and Mr. ‘‘Successive Authorities have resisted such out facing high additional costs; REED)) proposed an amendment to the attempts by Government to directly influ- Whereas the United States entered into the bill, H.R. 4577, supra; as follows: ence policing and we will continue to do so North American Free Trade Agreement with On page 24, line 1, strike ‘‘and’’. in guarding against any weakening of the Canada and Mexico with the intent of phas- On page 24 line 7, insert before the colon powers envisaged by Patten for the new Po- ing out tariff barriers among the 3 countries; the following; ‘‘, and of which $4,000,000 shall licing Board. The Patten report itself stated, and be provided to the Rural Health Outreach Of- ‘we do not believe the Secretary of State . . . Whereas it violates the spirit of the North fice of the Health Resources and Services Ad- should ever appear to have the power to di- American Free Trade Agreement for Canada ministration for the awarding of grants to rect the police.’—this obviously signalled a and Mexico to maintain restrictive personal community partnerships in rural areas for clear intention on the Commission’s part to exemption allowance policies that are not the purchase of automated external curtail the powers of Government—not en- reciprocal: Now, therefore, be it defibrillators and the training of individuals hance them as the proposed legislation Resolved, That it is the sense of the Senate in basic cardiac life support’’. seems set to do.’’ that— Mr. Armstrong however said the Authority (1) the United States Trade Representative supported much of the legislation including and the Secretary of the Treasury, in con- JEFFORDS AMENDMENT NO. 3703 the apparent safeguards put in place to pre- sultation with the Secretary of Commerce, Mr. SPECTER (for Mr. JEFFORDS) vent District Policing Partnerships raising should initiate discussions with officials of money for ‘freelance’ police services. He the Governments of Canada and Mexico to proposed an amendment to the bill, added that more time would be needed to ex- achieve parity by harmonizing the personal H.R. 4577, supra; as follows: amine all the issues in detail. exemption allowance structure of the 3 On page 43, line 9, before the colon, insert The Authority will shortly publish an in- NAFTA countries at or above United States the follow: ‘‘, of which 5,000,000 shall be depth analysis of the Government’s proposed exemption levels; and available for activities regarding medication Patten legislation and implementation (2) in the event that parity with respect to management, screening, and education to plan.∑ the personal exemption allowance of the 3 prevent incorrect medication and adverse countries is not reached within 1 year after drug reactions’’. f the date of the adoption of this resolution, SENATE RESOLUTION 333—EX- the United States Trade Representative and SPECTER AMENDMENT NO. 3704 PRESSING THE SENSE OF THE the Secretary of the Treasury should submit SENATE THAT THERE SHOULD recommendations to Congress on whether Mr. SPECTER proposed an amend- BE PARITY AMONG THE COUN- legislative changes are necessary to lower ment to the bill, H.R. 4577, supra; as the United States personal exemption allow- TRIES THAT ARE PARTIES TO follows: ance to conform to the allowance levels es- On page 50, line 20, after the dash insert THE NORTH AMERICAN FREE tablished in the other countries that are par- TRADE AGREEMENT WITH RE- the following: ‘‘Except as provided by sub- ties to the North American Free Trade section (e)’’. SPECT TO THE PERSONAL EX- Agreement. On page 51, line 1 strike ‘‘December 15, EMPTION ALLOWANCE FOR MER- f 2000’’ and insert in lieu thereof: ‘‘March 1, CHANDISE PURCHASED ABROAD 2001’’. BY RETURNING RESIDENTS, AND AMENDMENTS SUBMITTED On page 52, line 2, strike ‘‘2000’’ and insert FOR OTHER PURPOSES in lieu thereof ‘‘2001’’. On page 52, after line 2, insert the fol- Ms. COLLINS (for herself, Mr. MOY- lowing new section NIHAN, Mr. KYL, Mr. GREGG, Mr. LEAHY, DEPARTMENT OF LABOR APPROPRIATIONS ACT, 2001 ‘‘(e) TERRITORIES.—None of the funds ap- and Mrs. HUTCHISON), submitted the propriated by this Act may be used to with- following resolution; which was re- hold substance abuse funding pursuant to ferred to the Committee on Finance: section 1926 from a territory that receives COLLINS (AND REED) AMENDMENT S. RES. 333 less than $1,000,000.’’ NO. 3700 Whereas the personal exemption allowance is a vital component of trade and tourism; Mr. SPECTER (for Ms. COLLINS (for GRAHAM AMENDMENT NO. 3705 Whereas many border communities and re- herself and Mr. REED)) proposed an (Ordered to lie on the table.) tailers depend on customers from both sides amendment to the bill (H.R. 4577) mak- Mr. HARKIN (for Mr. GRAHAM) pro- of the border; ing appropriations for the Departments Whereas a United States citizen traveling posed an amendment to the bill, H.R. of Labor, Health and Human Services, 4577, supra; as follows: to Canada or Mexico for less than 24 hours is and Education, and related agencies for exempt from paying duties on the equivalent On page 54, between lines 10 and 11, insert of $200 worth of merchandise on return to the the fiscal year ending September 30, the following: United States, and for trips over 48 hours 2001, and for other purposes; as follows: SEC. . (a) STUDY.—The Secretary of United States citizens have an exemption of On page 34, on line 13, before the colon, in- Health and Human Services shall conduct a up to $400 worth of merchandise; sert the following: ‘‘, of which $10,000,000 study to examine— Whereas a Canadian traveling in the shall be used to provide grants to local non- (1) the experiences of hospitals in the United States is allowed a duty-free personal profit private and public entities to enable United States in obtaining reimbursement exemption allowance of only $50 worth of such entities to develop and expand activi- from foreign health insurance companies merchandise for a 24-hour visit, the equiva- ties to provide substance abuse services to whose enrollees receive medical treatment in lent of $200 worth of merchandise for a 48- homeless individuals’’. the United States;

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 13386 CONGRESSIONAL RECORD—SENATE June 30, 2000

(2) the identity of the foreign health insur- Mr. HARKIN (for Mr. DURBIN (for In amendment #3633, as modified, strike ance companies that do not cooperate with himself, Mr. REED, Mrs. MURRAY, Mr. ‘‘$78,200,000’’ and insert ‘‘$35,000,000’’ in lieu or reimburse (in whole or in part) United KERRY, Mrs. HUTCHISON, and Mrs. FEIN- thereof. States health care providers for medical STEIN)) proposed an amendment to the services rendered in the United States to en- rollees who are foreign nationals; bill, H.R. 4577, supra; as follows: STEVENS (AND OTHERS) (3) the amount of unreimbursed services On page 54, between lines 10 and 11, insert AMENDMENTS NOS. 3713–3714 that hospitals in the United States provide the following: to foreign nationals described in paragraph SEC. lll. In addition to amounts other- Mr. SPECTER (for Mr. STEVENS (for (2); and wise appropriated under this title for the himself, Mr. JEFFORDS, and Mr. KEN- (4) solutions to the problems identified in Centers for Disease Control and Prevention, NEDY)) proposed two amendments to the study. $37,500,000, to be utilized to provide grants to the bill, H.R. 4577, supra; as follows: (b) REPORT.—Not later than March 31, 2001, States and political subdivisions of States the Secretary of Health and Human Services under section 317 of the Public Health Serv- AMENDMENT NO. 3713 shall prepare and submit to the Committee ice Act to enable such States and political On page 69, line 2, after the colon insert the on Health, Education, Labor, and Pensions of subdivisions to carry out immunization in- following proviso: ‘‘Provided further, That of the Senate, and the Committee on Appro- frastructure and operations activities: Pro- the funds appropriated $5,000,000 shall be priations, a report concerning the results of vided, That of the total amount made avail- made available for a high school state grant the study conducted under subsection (a), in- able in this Act for infrastructure funding program to improve academic performance cluding the recommendations described in for the Centers for Disease Control and Pre- and provide technical skills training, paragraph (4) of such subsection. vention, not less than 10 percent shall be $5,000,000 shall be made available to provide used for immunization projects in areas with grants to enable elementary and secondary BINGAMAN (AND OTHERS) low or declining immunization rates or areas schools to provide physical education and that are particularly susceptible to disease improve physical fitness’’. AMENDMENT NO. 3706 outbreaks, and not more than 14 percent shall be used to carry out the incentive (Ordered to lie on the table.) AMENDMENT NO. 3714 Mr. HARKIN (for Mr. BINGAMAN (for bonus program: Provided, That amounts On page 41, at the beginning of line 12 in- himself, Mr. REID, Ms. COLLINS, and made available under this Act for the admin- istrative and related expenses of the Depart- sert the following: ‘‘$5,000,000 shall be made Mr. DEWINE)) proposed an amendment available to provide grants for early child- to the bill, H.R. 4577, supra; as follows: ment of Health and Human Services, the De- partment of Labor, and the Department of hood learning for young children, of which’’. On page 59, line 12, before the period insert Education shall be further reduced on a pro the following: ‘‘: Provided further, That of the rata basis by $37,500,000. amount made available under this heading LEAHY AMENDMENT NO. 3715 for activities carried out through the Fund for the Improvement of Education under part SMITH OF NEW HAMPSHIRE (AND Mr. HARKIN (for Mr. LEAHY) pro- A of title X, $10,000,000 shall be made avail- OTHERS) AMENDMENT NO. 3710 posed an amendment to the bill, H.R. able to enable the Secretary of Education to Mr. SPECTER (for Mr. SMITH of New 4577, supra; as follows: award grants to develop and implement Hampshire (for himself, Ms. LANDRIEU, On page 45, line 4, insert before the period school dropout prevention programs’’. and Mr. DURBIN)) proposed an amend- the following: ‘‘: Provided, That an additional ment to the bill H.R. 4577, supra; as fol- $2,500,000 shall be made available for the Of- REID AMENDMENT NO. 3707 lows: fice for Civil Rights: Provided further, That amounts made available under this title for (Ordered to lie on the table.) At the appropriate place, add the fol- the administrative and related expenses of Mr. HARKIN (for Mr. REID) proposed lowing: ‘‘None of the funds appropriated the Department of Health and Human Serv- under this Act shall be expended by the Na- an amendment to the bill, H.R. 4577, ices shall be reduced by $2,500,000. supra; as follows: tional Institutes of Health on a contract for the care of the 288 chimpanzees acquired by At the appropriate place, insert the fol- the National Institutes of Health from the lowing: HARKIN AMENDMENT NO. 3716 Coulston Foundation, unless the contractor NATIONAL INSTITUTE OF CHILD HEALTH AND is accredited by the Association for the As- Mr. HARKIN proposed an amendment HUMAN DEVELOPMENT sessment and Accreditation of Laboratory to the bill, H.R. 4577, supra; as follows: SEC. . Section 448 of the Public Health Animal Care International or has a Public On page 40, line 5, strike ‘‘$60,000,000’’ and Service Act (42 U.S.C. 285g) is amended by in- Health Services assurance, and has not been insert ‘‘$100,000,000’’. serting ‘‘gynecologic health,’’ after ‘‘with re- charged multiple times with egregious viola- spect to’’. tions of the Animal Welfare Act.’’. DeWINE (AND OTHERS) DURBIN (AND OTHERS) DODD AMENDMENT NO. 3711 AMENDMENT NO. 3717 AMENDMENT NO. 3708 ODD Mr. HARKIN (for Mr. D ) proposed Mr. SPECTER (for Mr. DEWINE (for (Ordered to lie on the table.) an amendment to the bill, H.R. 4577, himself, Mrs. MURRAY, Mr. GRASSLEY, Mr. HARKIN (for Mr. DURBIN (for supra; as follows: Mr. DURBIN, Mrs. LINCOLN, Mr. HAGEL, himself, Mr. DEWINE, Mr. BINGAMAN, At the end of title III, insert the following: Mr. SCHUMER, Mr. KERRY, Mr. FITZ- and Mr. DODD)) proposed an amend- SEC. ll. TECHNOLOGY AND MEDIA SERVICES. ment to the bill, H.R. 4577, supra; as GERALD, and Mr. ABRAHAM)) proposed Notwithstanding any other provision of an amendment to the bill, H.R. 4577, this Act— follows: supra; as follows: (1) the total amount appropriated under On page 54, between lines 10 and 11, insert On page 26, line 25, before ‘‘of which’’ in- this title under the heading ‘‘OFFICE OF SPE- the following: sert the following: ‘‘of which $20,000,000 shall CIAL EDUCATION AND REHABILITATIVE SERV- SEC. ll. (a) In addition to amounts made be made available to carry out children’s ICES’’ under the heading ‘‘SPECIAL EDU- available under the heading ‘‘Health Re- asthma programs and $4,000,000 of such CATION’’ to carry out the Individuals with sources and Services Administration-Health $20,000,000 shall be utilized to carry out im- Disabilities Education Act shall be Resources and Services’’ for poison preven- proved asthma surveillance and tracking $7,353,141,000, of which $35,323,000 shall be tion and poison control center activities, systems and the remainder shall be used to available for technology and media services; there shall be available an additional carry out diverse community-based child- and $20,000,000 to provide assistance for such ac- hood asthma programs including both (2) the total amount appropriated under tivities and to stabilize the funding of re- school- and community-based grant pro- this title under the heading ‘‘DEPARTMENTAL gional poison control centers as provided for grams, except that not to exceed 5 percent of MANAGEMENT’’ under the heading ‘‘PROGRAM pursuant to the Poison Control Center En- such funds may be used by the Centers for ADMINISTRATION’’ shall be further reduced by hancement and Awareness Act (Public Law Disease Control and Prevention for adminis- $800,000. 106-174). trative costs or reprogramming, and’’. (b) Amounts made available under this Act SPECTER AMENDMENT NO. 3712 for the administrative and related expenses DURBIN (AND OTHERS) of the Department of Health and Human Mr. SPECTER proposed an amend- Services, the Department of Labor, and the AMENDMENT NO. 3709 ment to the bill, H.R. 4577, supra; as Department of Education shall be further re- (Ordered to lie on the table.) follows: duced on a pro rata basis by $20,000,000.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13387 SCHUMER AMENDMENT NO. 3718 resident’s freedom of movement that is not a TORRICELLI AMENDMENT NO. 3721 standard treatment for the resident’s med- Mr. HARKIN (for Mr. SCHUMER) pro- ORRICELLI ical or psychiatric condition. Mr. HARKIN (for Mr. T ) posed an amendment to the bill, H.R. ‘‘(2) SECLUSION.—The term ‘seclusion’ proposed an amendment to the bill, 4577, supra; as follows: means any separation of the resident from H.R. 4577, supra; as follows: On page 27, line 24, before the period insert the general population of the facility that On page 54, between lines 10 and 11, insert the following: ‘‘: Provided further, That in ad- prevents the resident from returning to such the following: dition to amounts made available under this population if he or she desires. SEC. ll. SENSE OF THE SENATE REGARDING heading for the National Program of Cancer ‘‘SEC. 582. REPORTING REQUIREMENT. THE DELIVERY OF EMERGENCY MEDICAL SERVICES. Registries, an additional $15,000,000 shall be ‘‘(a) IN GENERAL.— Each facility to which made available for such Program and special the Protection and Advocacy for Mentally Ill (a) FINDINGS.—The Senate finds the fol- emphasis in carrying out such Program shall Individuals Act of 1986 applies shall notify lowing: be given to States with the highest number the appropriate agency, as determined by the (1) Several States have developed and im- of the leading causes of cancer mortality: Secretary, of each death that occurs at each plemented a unique 2-tiered emergency med- Provided further, That amounts made avail- such facility while a patient is restrained or ical services system that effectively provides able under this Act for the administrative in seclusion, of each death occurring within services to the residents of those States. and related expenses of the Centers for Dis- 24 hours after the patient has been removed (2) These 2-tiered systems include volun- ease Control and Prevention shall be reduced from restraints and seclusion, or where it is teer and for-profit emergency medical tech- by $15,000,000’’. reasonable to assume that a patient’s death nicians who provide basic life support and is a result of such seclusion or restraint. A hospital-based paramedics who provide ad- DODD AMENDMENT NO. 3719 notification under this section shall include vanced life support. the name of the resident and shall be pro- (3) These 2-tiered systems have provided Mr. HARKIN (for Mr. DODD) proposed universal access for residents of those States an amendment to the bill, H.R. 4577, vided not later than 7 days after the date of the death of the individual involved. to affordable emergency services, while si- supra; as follows: multaneously ensuring that those persons in ‘‘(b) FACILITY.—In this section, the term On page 92, between lines 4 and 5, insert ‘facility’ has the meaning given the term ‘fa- need of the most advanced care receive such the following: cilities’ in section 102(3) of the Protection care from the proper authorities. SEC. ll. Title V of the Public Health and Advocacy for Mentally Ill Individuals (4) One State’s 2-tiered system currently Service Act (42 U.S.C. 290aa et seq.) is Act of 1986 (42 U.S.C. 10802(3)).’’. has an estimated 20,000 emergency medical amended by adding at the end the following: technicians providing ambulance transpor- ‘‘SEC. 583. REGULATIONS AND ENFORCEMENT. ‘‘PART G—REQUIREMENT RELATING TO tation for basic life support and advanced ‘‘(a) TRAINING.—Not later than 1 year after life support emergencies, over 80 percent of THE RIGHTS OF RESIDENTS OF CER- the date of enactment of this part, the Sec- TAIN FACILITIES which are handled by volunteers who are not retary, after consultation with appropriate reimbursed under the medicare program ‘‘SEC. 581. REQUIREMENT RELATING TO THE State and local protection and advocacy or- RIGHTS OF RESIDENTS OF CERTAIN under title XVIII of the Social Security Act. ganizations, physicians, facilities, and other (5) The hospital-based paramedics, also FACILITIES. health care professionals and patients, shall ‘‘(a) IN GENERAL.—A public or private gen- known as mobile intensive care units, are re- promulgate regulations that require facili- eral hospital, nursing facility, intermediate imbursed under the medicare program when ties to which the Protection and Advocacy care facility, residential treatment center, they respond to advanced life support emer- for Mentally Ill Individuals Act of 1986 (42 or other health care facility, that receives gencies. U.S.C. 10801 et seq.) applies, to meet the re- support in any form from any program sup- (6) These 2-tiered State health systems quirements of subsection (b). ported in whole or in part with funds appro- save the lives of thousands of residents of ‘‘(b) REQUIREMENTS.—The regulations pro- priated to any Federal department or agency those States each year, while saving the mulgated under subsection (a) shall require shall protect and promote the rights of each medicare program, in some instances, as that— resident of the facility, including the right much as $39,000,000 in reimbursement fees. ‘‘(1) facilities described in subsection (a) to be free from physical or mental abuse, (7) When Congress requested that the ensure that there is an adequate number of corporal punishment, and any restraints or Health Care Financing Administration enact qualified professional and supportive staff to involuntary seclusions imposed for purposes changes to the emergency medical services evaluate patients, formulate written individ- of discipline or convenience. fee schedule as a result of the Balanced ualized, comprehensive treatment plans, and ‘‘(b) REQUIREMENTS.—Restraints and seclu- Budget Act of 1997, including a general over- to provide active treatment measures; sion may only be imposed on a resident of a haul of reimbursement rates and administra- ‘‘(2) appropriate training be provided for facility described in subsection (a) if— tive costs, it was in the spirit of stream- the staff of such facilities in the use of re- ‘‘(1) the restraints or seclusion are imposed lining the agency, controlling skyrocketing straints and any alternatives to the use of to ensure the physical safety of the resident, health care costs, and lengthening the sol- restraints; and a staff member, or others; and vency of the medicare program. ‘‘(3) such facilities provide complete and ‘‘(2) the restraints or seclusion are imposed (8) The Health Care Financing Administra- accurate notification of deaths, as required only upon the written order of a physician, tion is considering implementing new emer- under section 582(a). or other licensed independent practitioner gency medical services reimbursement ‘‘(c) ENFORCEMENT.—A facility to which permitted by the State and the facility to guidelines that may destabilize the 2-tier this part applies that fails to comply with order such restraint or seclusion, that speci- system that have developed in these States. any requirement of this part, including a fies the duration and circumstances under (b) SENSE OF THE SENATE.—It is the sense failure to provide appropriate training, shall which the restraints are to be used (except in of the Senate that the Health Care Financ- not be eligible for participation in any pro- emergency circumstances specified by the ing Administration should— gram supported in whole or in part by funds Secretary until such an order could reason- (1) consider the unique nature of 2-tiered appropriated to any Federal department or ably be obtained). emergency medical services delivery systems agency.’’. ‘‘(c) DEFINITIONS.—In this section: when implementing new reimbursement ‘‘(1) RESTRAINTS.—The term ‘restraints’ guidelines for paramedics and hospitals means— under the medicare program under title ‘‘(A) any physical restraint that is a me- ENZI AMENDMENT NO. 3720 XVIII of the Social Security Act; and chanical or personal restriction that immo- (2) promote innovative emergency medical Mr. SPECTER (for Mr. ENZI) pro- bilizes or reduces the ability of an individual service systems enacted by States that re- to move his or her arms, legs, or head freely, posed an amendment to the bill, H.R. duce reimbursement costs to the medicare not including devices, such as orthopedically 4577, supra; as follows: program while ensuring that all residents re- prescribed devices, surgical dressings or ban- On page 13, line 20, strike ‘‘Provided’’ and ceive quick and appropriate emergency care dages, protective helmets, or any other insert the following: ‘‘: Provided, That of the when needed. methods that involves the physical holding amount appropriated under this heading that of a resident for the purpose of conducting is in excess of the amount appropriated for WELLSTONE AMENDMENT NO. 3722 routine physical examinations or tests or to such purposes for fiscal year 2000, at least protect the resident from falling out of bed $22,200,000 shall be used to carry out edu- Mr. HARKIN (for Mr. WELLSTONE) or to permit the resident to participate in cation, training, and consultation activities proposed an amendment to the bill, activities without the risk of physical harm as described in subsections (c) and (d) of sec- H.R. 4577, supra; as follows: to the resident; and tion 21 of the Occupational Safety and On page 71, after line 25, add the following: ‘‘(B) a drug or medication that is used as a Health Act of 1970 (29 U.S.C. 670(c) and (d)): SEC. ll. (a) In addition to any amounts restraint to control behavior or restrict the Provided further,’’. appropriated under this title for the Perkin’s

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 13388 CONGRESSIONAL RECORD—SENATE June 30, 2000 loan cancellation program under section 465 On page 54, between lines 10 and 11, insert assessments and referrals at sites of oper- of the Higher Education Act of 1965 (20 U.S.C. the following: ation of the Early Head Start programs 1087ee), an additional $15,000,000 is appro- SEC. ll. SENSE OF THE SENATE REGARDING IM- under the Head Start Act.’’. priated to carry out such program. PACTS OF THE BALANCED BUDGET (b) Notwithstanding any other provision of ACT OF 1997. SMITH OF NEW HAMPSHIRE this Act, amounts made available under ti- (a) FINDINGS.—The Senate makes the fol- tles I and II, and this title, for salaries and lowing findings: AMENDMENT NO. 3728 expenses at the Departments of Labor, (1) Since its passage in 1997, the Balanced Mr. SPECTER (for Mr. SMITH of New Health and Human Services, and Education, Budget Act of 1997 has drastically cut pay- Hampshire) proposed an amendment to respectively, shall be further reduced on a ments under the medicare program under the bill, H.R. 4577, supra; as follows: pro rata basis by $15,000,000. title XVIII of the Social Security Act in the areas of hospital, home health, and skilled At the appropriate place add the following: LIEBERMAN (AND OTHERS) nursing care, among others. While Congress (a) Whereas sexual abuse in schools be- tween a student and a member of the school AMENDMENT NO. 3723 intended to cut approximately $100,000,000,000 from the medicare program over 5 years, re- staff or a student and another student is a Mr. HARKIN (for Mr. LIEBERMAN (for cent estimates put the actual cut at over cause for concern in America; himself, Mr. GORTON, Mr. BAYH, Mr. $200,000,000,000. (b) Whereas relatively few studies have BRYAN, Ms. LANDRIEU, Mrs. LINCOLN, (2) A recent study on home health care been conducted on sexual abuse in schools Mr. KOHL, Mr. ROBB, and Mr. BREAUX)) found that nearly 70 percent of hospital dis- and the extent of this problem is unknown; proposed an amendment to the bill, charge planners surveyed reported a greater (c) Whereas according to the Child Abuse and Neglect Reporting Act, a school adminis- H.R. 4577, supra; as follows: difficulty obtaining home health services for medicare beneficiaries as a result of the Bal- trator is required to report any allegation of On page 71, after line 25, insert the fol- anced Budget Act of 1997. sexual abuse to the appropriate authorities; lowing: (d) Whereas an individual who is falsely ac- SEC. 305. The Comptroller General of the (3) According to the Medicare Payment Ad- visory Commission, rural hospitals were dis- cused of sexual misconduct with a student United States, shall evaluate the extent to deserves appropriate legal and professional which funds made available under part A of proportionately affected by the Balanced Budget Act of 1997, dropping the inpatient protections; title I of the Elementary and Secondary Edu- (e) Whereas it is estimated that many cation Act of 1965 are allocated to schools margins of such hospitals over 4 percentage points in 1998. cases of sexual abuse in schools are not re- and local educational agencies with the ported; greatest concentrations of school-age chil- (b) SENSE OF SENATE.—It is the sense of the Senate that Congress and the President (f) Whereas many of the accused staff dren from low-income families, the extent to quietly resign at their present school district which allocations of such funds adjust to should act expeditiously to alleviate the ad- verse impacts of the Balanced Budget Act of and are then rehired at a new district which shifts in concentrations of pupils from low- has no knowledge of their alleged abuse; income families in different regions, States, 1997 on beneficiaries under the medicare pro- gram under title XVIII of the Social Secu- (g) Therefore, it is the Sense of the Senate and substate areas, the extent to which the that the Secretary of Education should ini- allocation of such funds encourage the tar- rity Act and health care providers partici- pating in such program. tiate a study and make recommendations to geting of State funds to areas with higher Congress and state and local governments on concentrations of children from low-income the issue of sexual abuse in schools.’’. families; the implications of current dis- TORRICELLI (AND REED) tribution methods for such funds, and for- AMENDMENT NO. 3726 mula and other policy recommendations to BAUCUS (AND OTHERS) improve the targeting of such funds to more Mr. HARKIN (for Mr. TORRICELLI (for AMENDMENT NO. 3729 effectively serve low-income children in both himself and Mr. REED)) proposed an Mr. HARKIN (for Mr. BAUCUS (for rural and urban areas, and for preparing in- amendment to the bill, H.R. 4577, terim and final reports based on the results supra; as follows: himself, Mr. BINGAMAN, Mr. DOMENICI, and Mrs. HUTCHISON)) proposed an of the study, to be submitted to Congress not At the end of title V, add the following: amendment to the bill, H.R. 4577, later than February 1, 2001, and April 1, 2001. SEC. ll. It is the sense of the Senate that On page 70, line 7, strike ‘‘$396,672,000’’ and each entity carrying out an Early Head supra; as follows: insert ‘‘$396,671,000’’. Start program under the Head Start Act On page 58, line 3, strike $25,000,000 and in- should— sert $350,000,000. BINGAMAN (AND OTHERS) (1) determine whether a child eligible to Amounts made available under this Act for AMENDMENT NO. 3724 participate in the Early Head Start program the administrative and related expenses of the Department of Health and Human Serv- Mr. HARKIN (for Mr. BINGAMAN (for has received a blood lead screening test, using a test that is appropriate for age and ices, the Department of Labor, and the De- himself, Mr. DASCHLE, Mr. JOHNSON, risk factors, upon the enrollment of the child partment of Education shall be further re- Mr. MCCAIN, Ms. CONRAD, Mrs. MUR- in the program; and duced on a pro rata basis by $10,000,000. RAY, Mr. LEAHY, and Mrs. BOXER)) pro- (2) in the case of an child who has not re- posed an amendment to the bill, H.R. ceived such a blood lead screening test, en- LANDRIEU (AND OTHERS) 4577, supra; as follows: sure that each enrolled child receives such a AMENDMENT NO. 3730 At the end of title III, insert the following: test either by referral or by performing the SEC. 306. test (under contract or otherwise). Mr. HARKIN (for Ms. LANDRIEU (for The amount made available under this herself, Mr. DEWINE, Mrs. LINCOLN, Mr. title under the heading ‘‘OFFICE OF POSTSEC- TORRICELLI AMENDMENT NO. 3727 GRASSLEY, and Mr. CRAIG)) proposed an ONDARY EDUCATION’’ under the heading Mr. HARKIN (for Mr. TORRICELLI) amendment to the bill, H.R. 4577, ‘‘HIGHER EDUCATION’’ to carry out section 316 supra; as follows: of the Higher Education Act of 1965 is in- proposed an amendment to the bill, creased by $5,000,000, which increase shall be H.R. 4577, supra; as follows: On page 41, lines 11 and 12, strike ‘‘$7,881,586,000, of which $41,791,000’’ and in- used for construction and renovation On page 27, line 24, strike the period and sert ‘‘$7,895,723,000, of which $55,928,000’’. projects under such section; and the amount insert the following: ‘‘: Provided further, That Amounts made available under this Act for made available under this title under the the funds made available under this heading the administrative and related expenses of heading ‘‘OFFICE OF POSTSECONDARY EDU- for section 317A of the Public Health Service the Department of Health and Human Serv- CATION’’ under the heading ‘‘HIGHER EDU- Act may be made available for programs op- ices, the Department of Labor, and the De- CATION’’ to carry out part B of title VII of erated in accordance with a strategy (devel- partment of Education shall be further re- the Higher Education Act of 1965 is decreased oped and implemented by the Director for duced on a pro rata basis by $14,137,000. by $5,000,000. the Centers for Disease Control and Preven- tion) to identify and target resources for BAUCUS (AND JEFFORDS) childhood lead poisoning prevention to high- BYRD AMENDMENT NO. 3731 risk populations, including ensuring that AMENDMENT NO. 3725 Mr. HARKIN (for Mr. BYRD) proposed any individual or entity that receives a Mr. HARKIN (for Mr. BAUCUS (for grant under that section to carry out activi- an amendment to the bill, H.R. 4577, himself and Mr. JEFFORDS)) proposed ties relating to childhood lead poisoning pre- supra; as follows: an amendment to the bill, H.R 4577, vention may use a portion of the grant funds On page 69 on line 24 insert the following: supra; as follows: awarded for the purpose of funding screening ‘‘Provided further, That of the amount made

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13389 available under this heading for activities (A) The countermeasures available to for- HUTCHISON (AND OTHERS) carried out through the Fund for the Im- eign countries with ballistic missiles that AMENDMENT NO. 3733 provement of Education under part A of title the National Missile Defense system could X, $50,000,000 shall be made available to en- encounter in a launch of such missiles (Ordered to lie on the table.) able the Secretary of Education to award against the United States. Mrs. HUTCHISON (for herself, Mr. grants to develop, implement, and strength- (B) The ability of the National Missile De- DORGAN, Mr. BROWNBACK, and Mr. ED- en programs to teach American history (not fense system to defeat such counter- WARDS) submitted an amendment in- social studies) as a separate subject within measures, including the ability of the system tended to be proposed by them to the the school curricula’’. to discriminate between countermeasures bill, S. 2549, supra; as follows: and reentry vehicles. On page 123, between lines 12 and 13, insert NATIONAL DEFENSE AUTHORIZA- (C) The plans to demonstrate the capa- the following: TION ACT FOR FISCAL YEAR 2001 bility of the National Missile Defense system to defeat such countermeasures and the ade- SEC. 377. ASSISTANCE FOR MAINTENANCE, RE- PAIR, AND RENOVATION OF SCHOOL quacy of the ground and flight testing to FACILITIES THAT SERVE DEPEND- DURBIN (AND OTHERS) demonstrate that capability. ENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DE- AMENDMENT NO. 3732 (3) The report shall be submitted not later than January 15 of each year. The first re- FENSE CIVILIAN EMPLOYEES. (Ordered to lie on the table.) port shall be submitted not later than Janu- (a) GRANTS AUTHORIZED.—Chapter 111 of Mr. DURBIN (for himself, Mr. ary 15, 2001. title 10, United States Code, is amended— (1) by redesignating section 2199 as section WELLSTONE, Mr. BINGAMAN, Mr. JOHN- (4) No annual report is required under this 2199a; and SON, Mr. KERRY, Mr. KENNEDY, Mr. section after the National Missile Defense (2) by inserting after section 2198 the fol- HARKIN, and Mr. WYDEN) submitted an system becomes operational. lowing new section: amendment intended to be proposed by (d) INDEPENDENT REVIEW PANEL.—(1) The ‘‘§ 2199. Quality of life education facilities them to the bill (S. 2549) to authorize Secretary of Defense shall reconvene the grants Panel on Reducing Risk in Ballistic Missile appropriations for fiscal year 2001 for ‘‘(a) REPAIR AND RENOVATION ASSISTANCE.— Defense Flight Test Programs. military activities of the Department (1) The Secretary of Defense may make a of Defense, for military construction, (2) The Panel shall assess the following: grant to an eligible local educational agency and for defense activities of the De- (A) The countermeasures available for use to assist the agency to repair and renovate— partment of Energy, to prescribe per- against the United States National Missile ‘‘(A) an impacted school facility that is sonnel strengths for such fiscal year Defense system. used by significant numbers of military de- (B) The operational effectiveness of that pendent students; or for the Armed Forces, and for other system against those countermeasures. purposes; as follows: ‘‘(B) a school facility that was a former De- (C) The adequacy of the National Missile partment of Defense domestic dependent ele- On page 53, after line 23, insert the fol- Defense flight testing program to dem- mentary or secondary school. lowing: onstrate the capability of the system to de- ‘‘(2) Authorized repair and renovation SEC. 243. OPERATIONALLY-REALISTIC TESTING feat the countermeasures. projects may include repairs and improve- AGAINST COUNTERMEASURES FOR (3) After conducting the assessment re- ments to an impacted school facility (includ- NATIONAL MISSILE DEFENSE. quired under paragraph (2), the Panel shall ing the grounds of the facility) designed to (a) TESTING REQUIREMENTS.—The Secretary evaluate— ensure compliance with the requirements of of Defense shall direct the Ballistic Missile (A) whether sufficient ground and flight the Americans with Disabilities Act or local Defense Organization— testing of the system will have been con- health and safety ordinances, to meet class- (1) to include in the ground and flight test- ducted before the system becomes oper- room size requirements, or to accommodate ing of the National Missile Defense system ational to support the making of a deter- school population increases. that is conducted before the system becomes mination, with a justifiably high level of ‘‘(3) The total amount of assistance pro- operational any countermeasures (including confidence, regarding the operational effec- vided under this subsection to an eligible decoys) that— tiveness of the system; local educational agency may not exceed (A) are likely, or at least realistically pos- (B) whether adequate ground and flight $5,000,000 during any period of two fiscal sible, to be used against the system; and testing of the system will have been con- years. (B) are chosen for testing on the basis of ducted, before the system becomes oper- ‘‘(b) MAINTENANCE ASSISTANCE.—(1) The what countermeasure capabilities a long- ational, against the countermeasures that Secretary of Defense may make a grant to range missile could have and is likely to are likely, or at least realistically possible, an eligible local educational agency whose have, taking into consideration the tech- to be used against the system and that other boundaries are the same as a military instal- nology that the country deploying the mis- countries have or likely could acquire; and lation to assist the agency to maintain an sile would have or could likely acquire; and (C) whether the exoatmospheric kill vehi- impacted school facility, including the (2) to determine the extent to which the cle and the rest of the National Missile De- grounds of such a facility. exoatmospheric kill vehicle and the National fense system can reliably discriminate be- ‘‘(2) The total amount of assistance pro- Missile Defense system can reliably discrimi- tween warheads and such countermeasures. vided under this subsection to an eligible nate between warheads and such counter- local educational agency may not exceed measures. (4) Not later than March 15, 2001, the Panel $250,000 during any fiscal year. (b) FUTURE FUNDING REQUIREMENTS.—The shall submit a report on its assessments and ‘‘(c) DETERMINATION OF ELIGIBLE LOCAL Secretary, in consultation with the Director evaluations to the Secretary of Defense and EDUCATIONAL AGENCIES.—(1) A local edu- of the Ballistic Missile Defense Organization to Congress. The report shall include any cational agency is an eligible local edu- shall— recommendations for improving the flight cational agency under this section only if (1) determine what additional funding, if testing program for the National Missile De- the Secretary of Defense determines that the any, may be necessary for fulfilling the test- fense system or the operational capability of local educational agency has— ing requirements set forth in subsection (a) the system to defeat countermeasures that ‘‘(A) one or more federally impacted school in fiscal years after fiscal year 2001; and the Panel determines appropriate. facilities and satisfies at least one of the ad- (2) submit the determination to the con- (e) COUNTERMEASURE DEFINED.—In this sec- ditional eligibility requirements specified in gressional defense committees at the same tion, the term ‘‘countermeasure’’— paragraph (2); or time that the President submits the budget (1) means any deliberate action taken by a ‘‘(B) a school facility that was a former De- for fiscal year 2002 to Congress under section country with long-range ballistic missiles to partment of Defense domestic dependent ele- 1105(a) of title 31, United States Code. defeat or otherwise counter a United States mentary or secondary school, but assistance (c) REPORT BY SECRETARY OF DEFENSE.—(1) National Missile Defense system; and provided under this subparagraph may only The Secretary of Defense shall, except as (2) includes, among other actions— be used to repair and renovate that facility. provided in paragraph (4), submit to Con- (A) use of a submunition released by a bal- ‘‘(2) The additional eligibility require- gress an annual report on the Department’s listic missile soon after the boost phase of ments referred to in paragraph (1) are the efforts to establish a program for operation- the missile; following: ally realistic testing of the National Missile (B) use of anti-simulation, together with ‘‘(A) The local educational agency is eligi- Defense system against countermeasures. such decoys as Mylar balloons, to disguise ble to receive assistance under subsection (f) The report shall be in both classified and un- the signature of the warhead; and of section 8003 of the Elementary and Sec- classified forms. (C) use of a shroud cooled with liquid nitro- ondary Education Act of 1965 (20 U.S.C. 7703) (2) The report shall include the Secretary’s gen to reduce the infrared signature of the and at least 10 percent of the students who assessment of the following: warhead. were in average daily attendance in the

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 13390 CONGRESSIONAL RECORD—SENATE June 30, 2000 schools of such agency during the preceding ‘‘(B) at which the average annual enroll- SEC. 914. COORDINATION AND FACILITATION OF school year were students described under ment of military dependent students is a DEVELOPMENT OF DIRECTED EN- paragraph (1)(A) or (1)(B) of section 8003(a) of high percentage of the total student enroll- ERGY TECHNOLOGIES, SYSTEMS, the Elementary and Secondary Education ment at the facility, as determined by the AND WEAPONS. Act of 1965. Secretary of Defense. (a) FINDINGS.—Congress makes the fol- ‘‘(B) At least 35 percent of the students ‘‘(3) MILITARY DEPENDENT STUDENTS.—The lowing findings: who were in average daily attendance in the term ‘military dependent students’ means (1) Directed energy systems are available schools of the local educational agency dur- students who are dependents of members of to address many current challenges with re- ing the preceding school year were students the armed forces or Department of Defense spect to military weapons, including offen- described under paragraph (1)(A) or (1)(B) of civilian employees. sive weapons and defensive weapons. section 8003(a) of the Elementary and Sec- ‘‘(4) MILITARY INSTALLATION.—The term (2) Directed energy weapons offer the po- ondary Education Act of 1965. ‘military installation’ has the meaning given tential to maintain an asymmetrical techno- ‘‘(C) The State education system and the that term in section 2687(e) of this title.’’. logical edge over adversaries of the United local educational agency are one and the (b) AMENDMENTS TO CHAPTER HEADING AND States for the foreseeable future. same. TABLES OF CONTENTS.—(1) The heading of (3) It is in the national interest that fund- ‘‘(d) NOTIFICATION OF ELIGIBILITY.—Not chapter 111 of title 10, United States Code, is ing for directed energy science and tech- later than June 30 of each fiscal year, the amended to read as follows: nology programs be increased in order to Secretary of Defense shall notify each local ‘‘CHAPTER 111—SUPPORT OF support priority acquisition programs and to educational agency identified under sub- EDUCATION’’. develop new technologies for future applica- section (c) that the local educational agency (2) The table of sections at the beginning of tions. is eligible during that fiscal year to apply for such chapter is amended by striking the (4) It is in the national interest that the a grant under subsection (a), subsection (b), item relating to section 2199 and inserting level of funding for directed energy science or both subsections. the following new items: and technology programs correspond to the ‘‘(e) RELATION TO IMPACT AID CONSTRUCTION level of funding for large-scale demonstra- ASSISTANCE.—A local education agency that ‘‘2199. Quality of life education facilities tion programs in order to ensure the growth receives a grant under subsection (a) to re- grants. of directed energy science and technology ‘‘2199a. Definitions.’’. pair and renovate a school facility may not programs and to ensure the successful devel- also receive a payment for school construc- (3) The tables of chapters at the beginning of subtitle A, and at the beginning of part III opment of other weapons systems utilizing tion under section 8007 of the Elementary directed energy systems. and Secondary Education Act of 1965 (20 of subtitle A, of such title are amended by striking the item relating to chapter 111 and (5) The industrial base for several critical U.S.C. 7707) for the same fiscal year. directed energy technologies is in fragile ‘‘(f) GRANT CONSIDERATIONS.—In deter- inserting the following: condition and lacks appropriate incentives mining which eligible local educational ...... ‘‘111. Support of Education 2191’’. to make the large-scale investments that are agencies will receive a grant under this sec- (c) FUNDING FOR FISCAL YEAR 2001.— tion for a fiscal year, the Secretary of De- Amounts appropriated in the Department of necessary to address current and anticipated fense shall take into consideration the fol- Defense Appropriations Act, 2001, under the Department of Defense requirements for such technologies. lowing conditions and needs at impacted heading ‘‘QUALITY OF LIFE ENHANCEMENTS, (6) It is in the national interest that the school facilities of eligible local educational DEFENSE’’ may be used by the Secretary of agencies: Defense to make grants under section 2199 of Department of Defense utilize and expand ‘‘(1) The repair or renovation of facilities is title 10, United States Code, as added by sub- upon directed energy research currently needed to meet State mandated class size re- section (a). being conducted by the Department of En- quirements, including student-teacher ratios ergy, other Federal agencies, the private sec- tor, and academia. and instructional space size requirements. WARNER AMENDMENT NO. 3734 ‘‘(2) There is a increase in the number of (7) It is increasingly difficult for the Fed- military dependent students in facilities of (Ordered to lie on the table.) eral Government to recruit and retain per- the agency due to increases in unit strength Mr. WARNER submitted an amend- sonnel with skills critical to directed energy as part of military readiness. ment intended to be proposed by him technology development. ‘‘(3) There are unhoused students on a mili- to the bill, S. 2549, supra; as follows: (8) The implementation of the rec- ommendations contained in the High Energy tary installation due to other strength ad- On page 123, between lines 12 and 13, insert Laser Master Plan of the Department of De- justments at military installations. the following: ‘‘(4) The repair or renovation of facilities is fense is in the national interest. SEC. 377. POSTPONEMENT OF IMPLEMENTATION (9) Implementation of the management needed to address any of the following condi- OF DEFENSE JOINT ACCOUNTING tions: SYSTEM (DJAS) PENDING ANALYSIS structure outlined in the Master Plan will ‘‘(A) The condition of the facility poses a OF THE SYSTEM. facilitate the development of revolutionary threat to the safety and well-being of stu- (a) POSTPONEMENT.—The Secretary of De- capabilities in directed energy weapons by dents. fense may not grant a Milestone III decision achieving a coordinated and focused invest- ‘‘(B) The requirements of the Americans for the Defense Joint Accounting System ment strategy under a new management with Disabilities Act. (DJAS) until the Secretary— structure featuring a joint technology office ‘‘(C) The cost associated with asbestos re- (1) conducts, with the participation of the with senior-level oversight provided by a moval, energy conservation, or technology Inspector General of the Department of De- technology council and a board of directors. upgrades. fense and the inspectors general of the mili- (b) COORDINATION AND OVERSIGHT UNDER ‘‘(D) Overcrowding conditions as evidenced tary departments, an analysis of alternatives HIGH ENERGY LASER MASTER PLAN.—(1) Sub- by the use of trailers and portable buildings to the system to determine whether the sys- chapter II of Chapter 8 of title 10, United and the potential for future overcrowding be- tem warrants deployment; and States Code, is amended by adding at the end cause of increased enrollment. (2) if the Secretary determines that the the following new section: ‘‘(5) The repair or renovation of facilities is system warrants deployment, submits to the ‘‘§ 204. Joint Technology Office needed to meet any other Federal or State congressional defense committees a report mandate. certifying that the system meets Milestone I ‘‘(a) ESTABLISHMENT.—(1) There is in the ‘‘(6) The number of military dependent stu- and Milestone II requirements and applicable Department of Defense a Joint Technology dents as a percentage of the total student requirements of the Clinger-Cohen Act of Office (in this section referred to as the ‘Of- population in the particular school facility. 1996 (divisions D and E of Public Law 104– fice’). The Office shall be considered an inde- ‘‘(7) The age of facility to be repaired or 106). pendent office within the Office of the Sec- renovated. (b) DEADLINE FOR REPORT.—The report re- retary of Defense. ‘‘(g) DEFINITIONS.—In this section: ferred to in subsection (a)(2) shall be sub- ‘‘(2) The Secretary of Defense may delegate ‘‘(1) LOCAL EDUCATIONAL AGENCY.—The mitted, if at all, not later than March 30, responsibility for authority, direction, and term ‘local educational agency’ has the 2001. control of the Office to the Deputy Under meaning given that term in section 8013(9) of Secretary of Defense for Science and Tech- the Elementary and Secondary Education DOMENICI AMENDMENT NO. 3735 nology. Act of 1965 (20 U.S.C. 7713(9)). ‘‘(b) DIRECTOR.—(1) The head of the Office (Ordered to lie on the table.) ‘‘(2) IMPACTED SCHOOL FACILITY.—The term shall be a civilian employee of the Depart- ‘impacted school facility’ means a facility of Mr. DOMENICI submitted an amend- ment of Defense in the Senior Executive a local educational agency— ment intended to be proposed by him Service who is designated by the Secretary ‘‘(A) that is used to provide elementary or to the bill, S. 2549, supra; as follows: of Defense for that purpose. The head of the secondary education at or near a military in- On page 353, between lines 15 and 16, insert Office shall be known as the ‘Director of the stallation; and the following: Joint Technology Office’.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13391

‘‘(2) The Director shall report directly to ‘‘(g) JOINT TECHNOLOGY COUNCIL.—(1) There partment of Defense with respect to directed the Deputy Under Secretary of Defense for is established in the Department of Defense energy weapons. Science and Technology. a council to be known as the ‘Joint Tech- (f) COOPERATIVE PROGRAMS AND ACTIVI- ‘‘(c) OTHER STAFF.—The Secretary of De- nology Council’ (in this section referred to as TIES.—(1) The Secretary of Defense shall fense shall provide the Office such civilian the ‘Council’). evaluate the feasibility and advisability of and military personnel and other resources ‘‘(2) The Council shall be composed of 8 entering into cooperative programs or ac- as are necessary to permit the Office to members as follows: tivities with other Federal agencies, institu- carry out its duties under this section. ‘‘(A) The Deputy Under Secretary of De- tions of higher education, and the private ‘‘(d) DUTIES.—The duties of the Office shall fense for Science and Technology, who shall sector, including the national laboratories of be to— be chairperson of the Council. the Department of Energy, for the purpose of ‘‘(1) develop and oversee the management ‘‘(B) The senior science and technology ex- enhancing the programs, projects, and ac- of a Department of Defense-wide program of ecutive of the Department of the Army. tivities of the Department of Defense relat- science and technology relating to directed ‘‘(C) The senior science and technology ex- ing to directed energy technologies, systems, energy technologies, systems, and weapons; ecutive of the Department of the Navy. and weapons. The Secretary shall carry out ‘‘(2) serve as a point of coordination for ini- ‘‘(D) The senior science and technology ex- the evaluation in consultation with the tiatives for science and technology relating ecutive of the Department of the Air Force. Joint Technology Board of Directors estab- to directed energy technologies, systems, ‘‘(E) The senior science and technology ex- lished by section 204 of title 10, United and weapons from throughout the Depart- ecutive of the Marine Corps. States Code (as added by subsection (b) of ment of Defense; ‘‘(F) The senior science and technology ex- this section). ‘‘(3) develop and promote a program (to be ecutive of the Defense Advanced Research (2) The Secretary shall enter into any co- known as the ‘National Directed Energy Projects Agency. operative program or activity determined Technology Alliance’) to foster the exchange ‘‘(G) The senior science and technology ex- under the evaluation under paragraph (1) to be feasible and advisable for the purpose set of information and cooperative activities on ecutive of the Ballistic Missile Defense Orga- forth in that paragraph. directed energy technologies, systems, and nization. (g) PARTICIPATION OF JOINT TECHNOLOGY weapons between and among the Department ‘‘(H) The senior science and technology ex- COUNCIL IN ACTIVITIES.—The Secretary of De- ecutive of the Defense Threat Reduction of Defense, other Federal agencies, institu- fense shall, to the maximum extent prac- Agency. tions of higher education, and the private ticable, carry out activities under sub- ‘‘(3) The duties of the Council shall be— sector; sections (c), (d), (e), and (f), through the ‘‘(A) to review and recommend priorities ‘‘(4) initiate and oversee the coordination Joint Technology Council established pursu- among programs, projects, and activities of the high-energy laser and high power ant to section 204 of title 10, United States proposed and evaluated by the Office under microwave programs and offices of the mili- Code. this section; tary departments; and (h) FUNDING FOR FISCAL YEAR 2001.—(1) Of ‘‘(5) carry out such other activities relat- ‘‘(B) to make recommendations to the the amount authorized to be appropriated by ing to directed energy technologies, systems, Board regarding funding for such programs, section 201(4) for research, development, test, and weapons as the Deputy Under Secretary projects, and activities; and and evaluation, Defense-wide, up to of Defense for Science and Technology con- ‘‘(C) to otherwise review and oversee the $50,000,000 may be available for science and siders appropriate. activities of the Office under this section.’’. technology activities relating to directed en- ‘‘(e) COORDINATION WITHIN DEPARTMENT OF (2) The table of sections at the beginning of ergy technologies, systems, and weapons. DEFENSE.—(1) The Director of the Office subchapter II of chapter 8 of such title is (2) The Director of the Joint Technology shall assign to appropriate personnel of the amended by adding at the end the following Office established pursuant to section 204 of Office the performance of liaison functions new section: title 10, United States Code, shall allocate with the other Defense Agencies and with ‘‘204. Joint Technology Office.’’. amounts available under paragraph (1) the military departments. (3)(A) The Secretary of Defense shall lo- among appropriate program elements of the ‘‘(2) The head of each military department cate the Joint Technology Office under sec- Department of Defense, and among coopera- and Defense Agency having an interest in tion 204 of title 10, United States Code (as tive programs and activities under this sec- the activities of the Office shall assign per- added by this subsection), at a location de- tion, in accordance with such procedures as sonnel of such department or Defense Agen- termined appropriate by the Secretary, not the Director shall establish. cy to assist the Office in carrying out its du- later than October 1, 2000. (3) In establishing procedures for purposes ties. In providing such assistance, such per- (B) In determining the location of the Of- of the allocation of funds under paragraph sonnel shall be known collectively as ‘Tech- fice, the Secretary shall, in consultation (2), the Director shall provide for the com- nology Area Working Groups’. with the Deputy Under Secretary of Defense petitive selection of programs, projects, and ‘‘(f) JOINT TECHNOLOGY BOARD OF DIREC- for Science and Technology, evaluate wheth- activities to be the recipients of such funds. TORS.—(1) There is established in the Depart- er to locate the Office at a site at which (i) DIRECTED ENERGY DEFINED.—In this sec- ment of Defense a board to be known as the occur a substantial proportion of the di- tion, the term ‘‘directed energy’’, with re- ‘Joint Technology Board of Directors’ (in rected energy research, development, test, spect to technologies, systems, or weapons, this section referred to as the ‘Board’). and evaluation activities of the Department means technologies, systems, or weapons ‘‘(2) The Board shall be composed of 9 of Defense. that provide for the directed transmission of members as follows: (c) TECHNOLOGY AREA WORKING GROUPS energies across the energy and frequency ‘‘(A) The Under Secretary of Defense for UNDER HIGH ENERGY LASER MASTER PLAN.— spectrum, including high energy lasers and Acquisition and Technology, who shall serve The Secretary of Defense shall provide for high power microwaves. as chairperson of the Board. the implementation of the portion of the ‘‘(B) The Director of Defense Research and High Energy Laser Master Plan relating to HUTCHISON (AND CLELAND) Engineering, who shall serve as vice-chair- technology area working groups. AMENDMENT NO. 3736 person of the Board. (d) ENHANCEMENT OF INDUSTRIAL BASE.—(1) ‘‘(C) The senior acquisition executive of The Secretary of Defense shall develop and (Ordered to lie on the table.) the Department of the Army. undertake initiatives, including investment Mrs. HUTCHISON (for herself and ‘‘(D) The senior acquisition executive of initiatives, for purposes of enhancing the in- Mr. CLELAND) submitted an amend- the Department of the Navy. dustrial base for directed energy tech- ment intended to be proposed by them ‘‘(E) The senior acquisition executive of nologies and systems. to the bill, S. 2549, supra; as follows: the Department of the Air Force. (2) Initiatives under paragraph (1) shall be On page 462, between lines 2 and 3, insert ‘‘(F) The senior acquisition executive of designed to— the following: the Marine Corps. (A) stimulate the development by institu- SEC. . ALLOCATION OF FUNDS FOR THE PLAN- ‘‘(G) The Director of the Defense Advanced tions of higher education and the private NING AND EXECUTION OF A BAL- Research Projects Agency. sector of promising directed energy tech- KANS STABILIZATION CONFERENCE. ‘‘(H) The Director of the Ballistic Missile nologies and systems; and (a) SHORT TITLE.—This section may be Defense Organization. (B) stimulate the development of a work- cited as the ‘‘Balkans Peace and Prosperity ‘‘(I) The Director of the Defense Threat Re- force skilled in such technologies and sys- Act of 2000’’. duction Agency. tems. (b) FINDINGS.—Congress makes the fol- ‘‘(3) The duties of the Board shall be— (e) ENHANCEMENT OF TEST AND EVALUATION lowing findings: ‘‘(A) to review and comment on rec- CAPABILITIES.—The Secretary of Defense (1) The Dayton Peace Accords and the ommendations made and issues raised by the shall consider modernizing the High Energy cease-fire agreement that concluded Oper- Council under this section; and Laser Test Facility at White Sands Missile ation Allied Force in Kosovo halted Serbian ‘‘(B) to review and oversee the activities of Range, New Mexico, in order to enhance the aggression toward its neighbors and its own the Office under this section. test and evaluation capabilities of the De- people.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 13392 CONGRESSIONAL RECORD—SENATE June 30, 2000 (2) Efforts to restore the economy and po- (A) Political boundaries. (viii) One shall be appointed by the rank- litical structure in Bosnia and Herzegovina (B) Humanitarian and reconstruction as- ing member of the Committee on Armed have achieved limited success in accordance sistance for all nations in the Balkans. Services of the House of Representatives. with the Dayton Agreement. (C) The stationing of United Nations peace- (B) The members of the Commission may (3) Similar efforts in Kosovo continue with keeping forces along international bound- not include a sitting Member of Congress. very limited success one year after the con- aries. (C) Members of the Commission shall be clusion of Operation Allied Force in June (D) Security arrangements and guarantees appointed not later than 60 days after the 1999. for all of the nations of the Balkans. date of the enactment of this Act. (4) The Dayton Agreement explicitly left (E) Tangible, enforceable, and verifiable (2) Any vacancies in the Commission shall certain issues unresolved, including but not human rights guarantees for the individuals be filled in the same manner as the original limited to the status of the city of Breko and and peoples of the Balkans. appointment, and shall not affect the powers other matters. (d) AUTHORIZATION OF FUNDS FOR A BAL- of the Commission. (5) Progress toward democratization and KANS STABILIZATION CONFERENCE.—Of the (3)(A) Subject to subparagraph (B), the economic prosperity in both Bosnia and amounts authorized to be appropriated by chairman of the Commission shall be des- Kosovo is often hampered by continuing dis- this Act for operations in the Balkans, there ignated by the Majority Leader of the Sen- putes among local authorities and between are authorized to be available such sums as ate, in consultation with the Speaker of the local authorities and the international com- may be necessary not to exceed $1,000,000 for House of Representatives, from among the munity. the planning and execution of the conference members of the Commission appointed under (6) Other issues which are fundamental to described in subsection (c). paragraph (1)(A). the future stability of the Balkan region re- (B) The chairman of the Commission may main unresolved, including but not limited MCCAIN AMENDMENT NO. 3737 not be designated under subparagraph (A) to the future status of Kosovo, the desire of until seven members of the Commission have other Serb provinces for greater autonomy, (Ordered to lie on the table.) been appointed under paragraph (1). and the status of displaced persons who can- Mr. MCCAIN submitted an amend- (4) The Commission may commence its ac- not return to prewar homes. ment intended to be proposed by him tivities under this section upon the designa- (7) The current position of the United to the bill, S. 2549, supra; as follows: tion of the chairman of the Commission States and its NATO allies as to the final On page 32, after line 24, add the following: under paragraph (3). status of Kosovo and Yugoslavia calls for an (5) The members of the Commission shall autonomous, multiethnic, democratic SEC. 142. REPEAL OF PROHIBITION ON USE OF establish procedures for the activities of the Kosovo which would remain as part of Ser- DEPARTMENT OF DEFENSE FUNDS FOR PROCUREMENT OF NUCLEAR- Commission, including procedures for calling bia, and such an outcome is not supported by meetings, requirements for quorums, and the any of the parties directly involved, includ- CAPABLE SHIPYARD CRANE FROM A FOREIGN SOURCE. manner of taking votes. ing the Governments of Yugoslavia and Ser- Section 8093 of the Department of Defense (c) DUTIES.—The Commission shall review bia, representatives of the Kosovar Alba- the efficacy of the organization of the Na- nians, and the people of Yugoslavia, Serbia, Appropriations Act, 2000 (Public Law 106–79; 113 Stat. 1253) is amended by striking sub- tional Nuclear Security Administration, and and Kosovo. the appropriate organization and manage- (8) There has been no final political settle- section (d), relating to a prohibition on the ment of the nuclear weapons programs of the ment in Bosnia-Herzegovina, where the use of Department of Defense funds to pro- United States, including— Armed Forces of the United States, its cure a nuclear-capable shipyard crane from a (1) whether the national security functions NATO allies, and other non-Balkan nations foreign source. of the Department of Energy, including the have been enforcing an uneasy peace since National Nuclear Security Administration, 1996, at a cost to the United States alone of WARNER (AND BYRD) AMENDMENT should— more than $10,000,000,000 with no clear end in NO. 3738 (A) be transferred to the Department of sight to such enforcement. Defense; (9) An effective exit strategy for the with- (Ordered to lie on the table.) (B) be established as a semiautonomous drawal from the Balkans of foreign military Mr. WARNER (for himself and Mr. forces is contingent upon the achievement of BYRD) submitted an amendment in- agency within the Department of Defense; a lasting political settlement for the region, tended to be proposed by them to the (C) be established as an independent agen- cy; or and only such a settlement, acceptable to all bill, S. 2549, supra; as follows: parties involved, can ensure the fundamental (D) remain as a semiautonomous agency On page 586, after line 20, add the fol- goals of the United States of peace, stability, within the Department of Energy (as pro- lowing: and human rights in the Balkans. vided for under the provisions of the Na- (c) SENSE OF CONGRESS REGARDING THE SEC. 3138. NATIONAL COMMISSION ON NUCLEAR tional Nuclear Security Administration Act NEED FOR A BALKANS STABILIZATION CON- SECURITY. (title XXXII of Public Law 106–65)); FERENCE.—It is the sense of Congress that— (a) ESTABLISHMENT.—There is hereby es- (2) whether the requirements and objec- (1) the United States should take the lead tablished a commission to be known as the tives of the National Nuclear Security Ad- in convening a Balkans Stabilization Con- ‘‘National Commission on Nuclear Security’’ ministration Act are being fully imple- ference to evaluate progress on implementa- (in this section referred to as the ‘‘Commis- mented by the Secretary of Energy and Ad- tion of the Dayton Peace Accords regarding sion’’). ministrator of the National Nuclear Security Bosnia and the cease-fire agreement with (b) ORGANIZATIONAL MATTERS.—(1)(A) Sub- Administration; Serbia that ended Operation Allied Force; ject to subparagraph (B), the Commission (3) the feasibility and advisability of var- (2) a Balkans Stabilization Conference shall be composed of 14 members appointed ious means of improving the security and would serve a critical purpose of reviewing from among individuals in the public and counterintelligence posture of the programs progress to date and considering such modi- private sectors who have recognized experi- of the National Nuclear Security Adminis- fications to those agreements as may be ap- ence in matters related to nuclear weapons tration; and propriate to foster stability, self-sustained and materials, safeguards and security, (4) the feasibility and advisability of var- peace, improved self-determination by the counterintelligence, and organizational man- ious modifications of existing management inhabitants of the region, and the eventual agement, as follows: and operating contracts for the laboratories reduction in the levels of outside peace- (i) Three shall be appointed by the Major- under the jurisdiction of the National Nu- keepers; ity Leader of the Senate. clear Security Administration. (3) the potential for a successful review (ii) Two shall be appointed by the Minority (d) REPORT.—(1) Not later than May 1, 2001, conference would be maximized if it included Leader of the Senate. the Commission shall submit to the Sec- the parties to the Dayton and Operation Al- (iii) Three shall be appointed by the Speak- retary of Defense and the Secretary of En- lied Force peace agreements, including rep- er of the House of Representatives. ergy, and to Congress, a report containing resentatives of NATO, the Balkans ‘‘Contact (iv) Two shall be appointed by the Minor- the findings and recommendations of the Group’’, and other affected regional parties; ity Leader of the House of Representatives. Commission as a result of the review under and (v) One shall be appointed by the Chairman subsection (c). (4) in order to produce a lasting political of the Committee on Armed Services of the (2) The report shall include any pertinent settlement in the Balkans acceptable to all Senate. comments by an individual serving as Sec- parties, which can lead to the departure from (vi) One shall be appointed by the ranking retary of Energy during the duration of the the Balkans in a timely fashion of all foreign member of the Committee on Armed Serv- review that such individual considers appro- military forces, including those of the ices of the Senate. priate for the report, United States, the international conference (vii) One shall be appointed by the Chair- (3) The report may include recommenda- should have the authority to consider any man of the Committee on Armed Services of tions for legislation and administrative ac- and all of the following: the House of Representatives. tion.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13393

(e) PERSONNEL MATTERS.—(1)(A) Each psychological condition of the covered per- (1) Certain U.S. Air Force Air National member of the Commission who is not an of- son should preclude the administration of Guard fighter units are flying some of the ficer or employee of the Federal Government the examination. world’s oldest and least capable F–16A air- shall be compensated at a rate equal to the ‘‘(3)(A) The Secretary may not commence craft which are approaching the end of their daily equivalent of the annual rate of basic the exercise of the authority under para- service lives. pay prescribed for level IV of the Executive graph (2) to waive the applicability of para- (2) The aircraft are generally incompatible Schedule under section 5316 of title 5, United graph (1) to any covered persons until 15 with those flown by the active force and States Code, for each day (including travel- days after the date on which the Secretary therefore cannot be effectively deployed to time) during which such member is engaged submits to the appropriate committees of theaters of operation to support contin- in the performance of the duties of the Com- Congress a report setting forth the criteria gencies and to relieve the high operations mission. to be utilized by the Secretary for deter- tempo of active duty units. (B) All members of the Commission who mining when a waiver under paragraph (2)(A) (3) The Air Force has specified no plans to are officers or employees of the United is important to the national security inter- replace these obsolescent aircraft before the States shall serve without compensation in ests of the United States. The criteria shall year 2007 at the earliest. addition to that received for their services as include an assessment of counterintelligence (b) SENSE OF THE SENATE.—It is the sense officers or employees of the United States. risks and programmatic impacts. of the Senate that in light of these findings— (2) The members of the Commission shall ‘‘(B) Any waiver under paragraph (2)(A) (1) The Air Force should, by February 1, be allowed travel expenses, including per shall be effective for not more than 120 days. 2001, provide Congress with a plan to mod- diem in lieu of subsistence, at rates author- ‘‘(C) Any waiver under paragraph (2)(C) ernize and upgrade the combat capabilities ized for employees of agencies under sub- shall be effective for the duration of the of those Air National Guard units that are chapter I of chapter 57 of title 5, United treatment on which such waiver is based. now flying F–16As so they can deploy as part States Code, while away from their homes or ‘‘(4) The Secretary shall submit to the ap- of Air Expeditionary Forces and assist in re- regular places of business in the performance propriate committees of Congress on a semi- lieving the high operations tempo of active of services for the Commission. annual basis a report on any determinations duty units. (3) Any officer or employee of the United made under paragraph (2)(A) during the 6- month period ending on the date of such re- States may be detailed to the Commission WARNER AMENDMENT NO. 3742 without reimbursement, and such detail port. The report shall include a national se- shall be without interruption or loss of civil curity justification for each waiver resulting Mr. WARNER proposed an amend- service status or privilege. from such determinations. ment to amendment No. 3420 proposed ‘‘(5) In this subsection, the term ‘appro- (f) INAPPLICABILITY OF FACA.—The provi- by him (for Mr. INHOFE) to the bill, S. priate committees of Congress’ means the sions of the Federal Advisory Committee Act 2459, supra; as follows: (5 U.S.C. App.) shall not apply to the activi- following: Strike the matter proposed to be inserted ties of the Commission. ‘‘(A) The Committee on Armed Services and insert the following: (g) TERMINATION.—The Commission shall and the Select Committee on Intelligence of terminate not later than 90 days after the the Senate. SEC. 1061. DEPARTMENT OF DEFENSE PROCESS date on which the Commission submits its ‘‘(B) The Committee on Armed Services FOR DECISIONMAKING IN CASES OF FALSE CLAIMS. report under subsection (d). and the Permanent Select Committee on In- Not later than February 1, 2001, the Sec- (h) FUNDING.—Of the amounts authorized telligence of the House of Representatives. retary of Defense shall submit to Congress a to be appropriated by sections 3101 and 3103, ‘‘(6) It is the sense of Congress that the report describing the policies and procedures not more than $975,000 shall be available for waiver authority in paragraph (2) not be used for Department of Defense decisionmaking the activities of the Commission under this by the Secretary to exempt from the applica- on issues arising under sections 3729 through section. Amounts available to the Commis- bility of paragraph (1) any covered persons in 3733 of title 31, United States Code, in cases sion under this section shall remain avail- the highest risk categories, such as persons of claims submitted to the Department of able until expended. who have access to the most sensitive weap- ons design information and other highly sen- Defense that are suspected or alleged to be sitive programs, including special access pro- false. The report shall include a discussion of WARNER (AND OTHERS) grams. any changes that have been made in the poli- AMENDMENT NO. 3739 ‘‘(7) The authority under paragraph (2) to cies and procedures since January 1, 2000. waive the applicability of paragraph (1) to a (Ordered to lie on the table.) covered person shall expire on September 30, WARNER AMENDMENT NO. 3743 Mr. WARNER (for himself, Mr. SHEL- 2002.’’. BY, and Mr. BRYAN) submitted an Mr. WARNER proposed an amend- amendment intended to be proposed by INHOFE (AND NICKLES) ment to the bill, S. 2549, supra; as fol- them to the bill, S. 2549, supra; as fol- AMENDMENT NO. 3740 lows: lows: On page 380, strike line 4 and all that fol- Mr. WARNER (for Mr. INHOFE (for On page 595, strike line 23 and all that fol- lows through page 385, line 8, and insert the himself and Mr. NICKLES) proposed an lows through page 597, line 3, and insert the following: following: amendment to the bill, S. 2549, supra; SEC. 1042. INFORMATION SECURITY SCHOLAR- ‘‘(2) Subject to paragraph (3), the Secretary as follows: SHIP PROGRAM. may waive the applicability of paragraph (1) On page 58, between lines 7 and 8, insert (a) ESTABLISHMENT OF PROGRAM.—(1) Part to a covered person— the following: III of subtitle A of title 10, United States ‘‘(A) if— SEC. 313. INDUSTRIAL MOBILIZATION CAPACITY Code, is amended by adding at the end the ‘‘(i) the Secretary determines that the AT GOVERNMENT-OWNED, GOVERN- following: waiver is important to the national security MENT-OPERATED ARMY AMMUNI- TION FACILITIES AND ARSENALS. ‘‘CHAPTER 112—INFORMATION SECURITY interests of the United States; SCHOLARSHIP PROGRAM ‘‘(ii) the covered person has a current secu- Of the amount authorized to be appro- ‘‘Sec. rity clearance; and priated under section 301(1), $51,280,000 shall ‘‘2200. Programs; purpose. ‘‘(iii) the covered person acknowledges in a be available for funding the industrial mobi- ‘‘2200a. Scholarship program. signed writing that the capacity of the cov- lization capacity at Army ammunition fa- ‘‘2200b. Grant program. ered person to perform duties under a high- cilities and arsenals that are government ‘‘2200c. Centers of Academic Excellence in In- risk program after the expiration of the owned, government operated. formation Assurance Edu- waiver is conditional upon meeting the re- cation. quirements of paragraph (1) within the effec- DORGAN (AND CONRAD) ‘‘2200d. Regulations. tive period of the waiver; AMENDMENT NO. 3741 ‘‘2200e. Definitions. ‘‘(B) if another Federal agency certifies to ‘‘2200f. Inapplicability to Coast Guard. the Secretary that the covered person has Mr. LEVIN (for Mr. DORGAN (for him- completed successfully a full-scope or coun- self and Mr. CONRAD)) proposed an ‘‘§ 2200. Programs; purpose terintelligence-scope polygraph examination amendment to the bill, S. 2549, supra; ‘‘(a) IN GENERAL.—To encourage the re- during the 5-year period ending on the date as follows: cruitment and retention of Department of of the certification; or At the appropriate place, insert: Defense personnel who have the computer ‘‘(C) if the Secretary determines, after con- SEC. . SENSE OF THE SENATE RESOLUTION ON and network security skills necessary to sultation with the covered person and appro- THE MODERNIZATION OF AIR NA- meet Department of Defense information as- priate medical personnel and security per- TIONAL GUARD F–16A UNITS. surance requirements, the Secretary of De- sonnel, that the treatment of a medical or (a) FINDINGS.—Congress finds that— fense may carry out programs in accordance

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 13394 CONGRESSIONAL RECORD—SENATE June 30, 2000 with this chapter to provide financial sup- son under this section shall be the amount ‘‘(2) in the case of a grant, the recipient is port for education in disciplines relevant to determined by the Secretary of Defense as a Center of Academic Excellence in Informa- those requirements at institutions of higher being necessary to pay all educational ex- tion Assurance Education. education. penses incurred by that person, including ‘‘§ 2200d. Regulations ‘‘(b) TYPES OF PROGRAMS.—The programs tuition, fees, cost of books, laboratory ex- ‘‘The Secretary of Defense shall prescribe authorized under this chapter are as follows: penses, and expenses of room and board. The regulations for the administration of this ‘‘(1) Scholarships for pursuit of programs expenses paid, however, shall be limited to chapter. of education in information assurance at in- those educational expenses normally in- stitutions of higher education. curred by students at the institution of high- ‘‘§ 2200e. Definitions ‘‘(2) Grants to institutions of higher edu- er education involved. ‘‘In this chapter: cation. ‘‘(d) USE OF ASSISTANCE FOR SUPPORT OF IN- ‘‘(1) The term ‘information assurance’ in- ‘‘§ 2200a. Scholarship program TERNSHIPS.—The financial assistance for a cludes the following: person under this section may also be pro- ‘‘(a) AUTHORITY.—The Secretary of Defense ‘‘(A) Computer security. may, subject to subsection (g), provide finan- vided to support internship activities of the ‘‘(B) Network security. cial assistance in accordance with this sec- person at the Department of Defense in peri- ‘‘(C) Any other information technology tion to a person pursuing a baccalaureate or ods between the academic years leading to that the Secretary of Defense considers re- advanced degree in an information assurance the degree for which assistance is provided lated to information assurance. discipline referred to in section 2200(a) of the person under this section. ‘‘(2) The term ‘institution of higher edu- ‘‘(e) REFUND FOR PERIOD OF UNSERVED OB- this title at an institution of higher edu- cation’ has the meaning given the term in LIGATED SERVICE.—(1) A person who volun- cation who enters into an agreement with section 101 of the Higher Education Act of tarily terminates service before the end of the Secretary as described in subsection (b). 1965 (20 U.S.C. 1001). the period of obligated service required ‘‘(b) SERVICE AGREEMENT FOR SCHOLARSHIP ‘‘(3) The term ‘Center of Academic Excel- under an agreement entered into under sub- RECIPIENTS.—(1) To receive financial assist- lence in Information Assurance Education’ ance under this section— section (b) shall refund to the United States means an institution of higher education ‘‘(A) a member of the armed forces shall an amount determined by the Secretary of that is designated as a Center of Academic enter into an agreement to serve on active Defense as being appropriate to obtain ade- Excellence in Information Assurance Edu- duty in the member’s armed force for the pe- quate service in exchange for financial as- cation by the Director of the National Secu- riod of obligated service determined under sistance and otherwise to achieve the goals rity Agency. paragraph (2); set forth in section 2200(a) of this title. ‘‘(2) An obligation to reimburse the United ‘‘§ 2200f. Inapplicability to Coast Guard ‘‘(B) an employee of the Department of De- States imposed under paragraph (1) is for all ‘‘This chapter does not apply to the Coast fense shall enter into an agreement to con- purposes a debt owed to the United States. Guard when it is not operating as a service tinue in the employment of the department ‘‘(3) The Secretary of Defense may waive, in the Navy.’’. for the period of obligated service deter- in whole or in part, a refund required under (2) The tables of chapters at the beginning mined under paragraph (2); and paragraph (1) if the Secretary determines of subtitle A of title 10, United States Code, ‘‘(C) a person not referred to in subpara- that recovery would be against equity and and the beginning of part III of such subtitle graph (A) or (B) shall enter into an agree- good conscience or would be contrary to the are amended by inserting after the item re- ment— best interests of the United States. lating to chapter 111 the following: ‘‘(i) to enlist or accept a commission in one ‘‘(f) EFFECT OF DISCHARGE IN BANK- ‘‘112. Information Security Scholar- of the armed forces and to serve on active RUPTCY.—A discharge in bankruptcy under ship Program ...... 2200’’. duty in that armed force for the period of ob- title 11 that is entered less than 5 years after (b) FUNDING.—Of the amount authorized to ligated service determined under paragraph the termination of an agreement under this be appropriated under section 301(5), (2); or section does not discharge the person signing $20,000,000 shall be available for carrying out ‘‘(ii) to accept and continue employment in such agreement from a debt arising under chapter 112 of title 10, United States Code (as the Department of Defense for the period of such agreement or under subsection (e). added by subsection (a)). obligated service determined under para- ‘‘(g) ALLOCATION OF FUNDING.—Not less EPORT.—Not later than April 1, 2001, graph (2). than 50 percent of the amount available for (c) R the Secretary of Defense shall submit to the ‘‘(2) For the purposes of this subsection, financial assistance under this section for a congressional defense committees a plan for the period of obligated service for a recipient fiscal year shall be available only for pro- implementing the programs under chapter of financial assistance under this section viding financial assistance for the pursuit of 112 of title 10, United States Code. shall be the period determined by the Sec- degrees referred to in subsection (a) at insti- retary of Defense as being appropriate to ob- tutions of higher education that have estab- tain adequate service in exchange for the fi- lished, improved, or are administering pro- ROBERTS AMENDMENT NO. 3744 nancial assistance and otherwise to achieve grams of education in information assurance the goals set forth in section 2200(a) of this under the grant program established in sec- Mr. WARNER (for Mr. ROBERTS) pro- title. In no event may the period of service tion 2200b of this title, as determined by the posed an amendment to the bill, S. required of a recipient be less than the pe- Secretary of Defense. 2549, supra; as follows: riod equal to 3⁄4 of the total period of pursuit ‘‘§ 2200b. Grant program On page 610, between lines 13 and 14, insert of a degree for which the Secretary agrees to the following: provide the recipient with financial assist- ‘‘(a) AUTHORITY.—The Secretary of Defense ance under this section. The period of obli- may provide grants of financial assistance to SEC. 3178. ADJUSTMENT OF THRESHOLD RE- institutions of higher education to support QUIREMENT FOR SUBMISSION OF gated service is in addition to any other pe- REPORTS ON ADVANCED COMPUTER riod for which the recipient is obligated to the establishment, improvement, or adminis- tration of programs of education in informa- SALES TO TIER III FOREIGN COUN- serve on active duty or in the civil service, TRIES. tion assurance disciplines referred to in sec- as the case may be. Section 3157 of the National Defense Au- tion 2200(a) of this title. ‘‘(3) An agreement entered into under this thorization Act for Fiscal Year 1998 (Public section by a person pursuing an academic de- ‘‘(b) PURPOSES.—The proceeds of grants under this section may be used by an institu- Law 105–85; 111 Stat. 2045) is amended by add- gree shall include clauses that provide the ing at the end the following: following: tion of higher education for the following purposes: ‘‘(e) ADJUSTMENT OF PERFORMANCE LEV- ‘‘(A) That the period of obligated service ELS.—Whenever a new composite theoretical begins on a date after the award of the de- ‘‘(1) Faculty development. ‘‘(2) Curriculum development. performance level is established under sec- gree that is determined under the regula- tion 1211(d), that level shall apply for pur- tions prescribed under section 2200d of this ‘‘(3) Laboratory improvements. ‘‘(4) Faculty research in information secu- poses of subsection (a) of this section in lieu title. of the level set forth in subsection (a).’’. ‘‘(B) That the person will maintain satis- rity. factory academic progress, as determined in ‘‘§ 2200c. Centers of Academic Excellence in accordance with those regulations, and that Information Assurance Education LEVIN (AND OTHERS) AMENDMENT failure to maintain such progress constitutes ‘‘In the selection of a recipient for the NO. 3745 grounds for termination of the financial as- award of a scholarship or grant under this Mr. LEVIN (for himself, Mr. sistance for the person under this section. chapter, consideration shall be given to LIEBERMAN, and Mr. CLELAND) proposed ‘‘(C) Any other terms and conditions that whether— the Secretary of Defense determines appro- ‘‘(1) in the case of a scholarship, the insti- an amendment to the bill, S. 2549, priate for carrying out this section. tution at which the recipient pursues a de- supra; as follows: ‘‘(c) AMOUNT OF ASSISTANCE.—The amount gree is a Center of Academic Excellence in On page 18, line 4, strike ‘‘$2,184,608,000’’ of the financial assistance provided for a per- Information Assurance Education; and and insert ‘‘$2,203,508,000’’.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13395 On page 16, line 22, strike ‘‘$4,068,570,000’’ Center, Washington, will support military Geosciences Laboratory, including the fol- and insert ‘‘$4,049,670,000’’. training, safety, and land management con- lowing: cerns on the lands subject to transfer. (1) The need to conduct mesoscale experi- ments to meet long-term clean-up require- WARNER (AND OTHERS) BINGAMAN AMENDMENT NO. 3749 ments at Department of Energy sites. AMENDMENT NO. 3746 (2) The possibility of utilizing or modifying Mr. WARNER (for himself, Mr. Mr. LEVIN (for Mr. BINGAMAN) pro- an existing structure or facility to house a SANTORUM, and Mr. LIEBERMAN) pro- posed an amendment to the bill, S. new mesoscale experimental capability. 2549, supra; as follows: (3) The estimated construction cost of the posed an amendment to the bill, S. facility. 2549, supra; as follows: On page 586, following line 20, add the fol- lowing: (4) The estimated annual operating cost of On page 33, line 10, strike ‘‘$5,461,946,000’’ the facility. and insert ‘‘$5,501,946,000’’. SEC. 3138. CONSTRUCTION OF NATIONAL NU- (5) How the facility will utilize, integrate, CLEAR SECURITY ADMINISTRATION On page 33, line 12, strike ‘‘$13,927,836,000’’ OPERATIONS OFFICE COMPLEX. and support the technical expertise, capabili- and insert ‘‘$13,887,836,000’’. ties, and requirements at other Department (a) AUTHORITY FOR DESIGN AND CONSTRUC- On page 48, between lines 20 and 21, insert of Energy and non-Department of Energy fa- TION.—Subject to subsection (b), the Admin- the following: istrator of the National Nuclear Security cilities. (6) An analysis of costs, savings, and bene- SEC. 222. FUNDING FOR COMPARISONS OF ME- Administration may provide for the design fits which are unique to the Idaho National DIUM ARMORED COMBAT VEHICLES. and construction of a new operations office Engineering and Environmental Laboratory. Of the amount authorized to be appro- complex for the National Nuclear Security priated under section 201(1), $40,000,000 shall Administration in accordance with the feasi- be available for the advanced tank arma- bility study regarding such operations office BENNETT AMENDMENT NO. 3751 ment system program for the development complex conducted under the National De- Mr. WARNER (for Mr. BENNETT) pro- and execution of the plan for comparing fense Authorization Act for Fiscal Year 2000. posed an amendment to the bill, S. costs and operational effectiveness of me- (b) LIMITATION.—The Administrator may dium armored combat vehicles required not exercise the authority in subsection (a) 2549, supra; as follows: under section 112(b). until the later of— On page 611, after line 21, add the fol- (1) 30 days after the date on which the plan lowing: WARNER AMENDMENT NO. 3747 required by section 3135(a) is submitted to SEC. 3202. LAND TRANSFER AND RESTORATION. the Committees on Armed Services of the (a) SHORT TITLE.—This section may be Mr. WARNER proposed an amend- Senate and House of Representatives under cited as the ‘‘Ute-Moab Land Restoration ment to the bill, S. 2549, supra; as fol- that section; or Act’’. lows: (2) the date on which the Administrator (b) TRANSFER OF OIL SHALE RESERVE.—Sec- tion 3405 of the Strom Thurmond National On page 415, between lines 2 and 3, insert certifies to Congress that the design and con- Defense Authorization Act for Fiscal Year the following: struction of the complex in accordance with the feasibility study is consistent with the 1999 (10 U.S.C. 7420 note; Public Law 105–261) SEC. 1061. TWO-YEAR EXTENSION OF AUTHORITY is amended to read as follows: TO ENGAGE IN COMMERCIAL AC- plan required by section 3135(i). TIVITIES AS SECURITY FOR INTEL- (c) BASIS OF AUTHORITY.—The design and ‘‘SEC. 3405. TRANSFER OF OIL SHALE RESERVE LIGENCE COLLECTION ACTIVITIES. construction of the operations office com- NUMBERED 2. Section 431(a) of title 10, United States plex authorized by subsection (a) shall be ‘‘(a) DEFINITIONS.—In this section: Code, is amended in the second sentence by carried out through one or more energy sav- ‘‘(1) MAP.—The term ‘‘map’’ means the striking ‘‘December 31, 2000’’ and inserting ings performance contracts (ESPC) entered map depicting the boundaries of NOSR–2, to ‘‘December 31, 2002’’. into under this section and in accordance be kept on file and available for public in- with the provisions of title VIII of the Na- spection in the offices of the Department of tional Energy Policy Conservation Act (42 the Interior. DOMENICI (AND OTHERS) U.S.C. 8287 et seq.). ‘‘(2) MOAB SITE.—The term ‘Moab site’ AMENDMENT NO. 3748 (d) PAYMENT OF COSTS.—Amounts for pay- means the Moab uranium milling site lo- ments of costs associated with the construc- cated approximately 3 miles northwest of Mr. WARNER (for Mr. DOMENICI (for tion of the operations office complex author- Moab, Utah, and identified in the Final Envi- himself, Mr. BINGAMAN, and Mrs. MUR- ized by subsection (a) shall be derived from ronmental Impact Statement issued by the RAY)) proposed an amendment to the energy savings and ancillary operation and Nuclear Regulatory Commission in March bill, S 2549, supra; as follows: maintenance savings that result from the re- 1996, in conjunction with Source Material Li- On page 546, after line 13, add the fol- placement of a current Department of En- cense No. SUA 917. lowing: ergy operations office complex (as identified ‘‘(3) NOSR–2.—The term ‘NOSR–2’ means SEC. 2882. SENSE OF CONGRESS REGARDING in the feasibility study referred to in sub- Oil Shale Reserve Numbered 2, as identified LAND TRANSFERS AT MELROSE section (a)) with the operations office com- on a map on file in the Office of the Sec- RANGE, NEW MEXICO, AND YAKIMA plex authorized by subsection (a). retary of the Interior. TRAINING CENTER, WASHINGTON. ‘‘(4) TRIBE.—The term ‘Tribe’ means the (a) FINDINGS.—Congress makes the fol- CRAPO AMENDMENT NO. 3750 Ute Indian Tribe of the Uintah and Ouray In- lowing findings: dian Reservation. (1) The Secretary of the Air Force seeks Mr. WARNER (for Mr. CRAPO) pro- ‘‘(b) CONVEYANCE.— the transfer of 6,713 acres of public domain posed an amendment to the bill, S. ‘‘(1) IN GENERAL.—Except as provided in land within the Melrose Range, New Mexico, 2549, supra; as follows: paragraph (2), the United States conveys to from the Department of the Interior to the On page 603, between lines 18 and 19, insert the Tribe, subject to valid existing rights in Department of the Air Force for the contin- the following: effect on the day before the date of enact- ued use of these lands as a military range. ment of this section, all Federal land within SEC. . CONCEPTUAL DESIGN FOR SUBSURFACE (2) The Secretary of the Army seeks the GEOSCIENCES LABORATORY AT the exterior boundaries of NOSR–2 in fee transfer of 6,640 acres of public domain land IDAHO NATIONAL ENGINEERING simple (including surface and mineral within the Yakima Training Center, Wash- AND ENVIRONMENTAL LABORA- rights). ington, from the Department of the Interior TORY, IDAHO FALLS, IDAHO. ‘‘(2) RESERVATIONS.—The conveyance under to the Department of the Army for military (a) AUTHORIZATION.—Of the amounts au- paragraph (1) shall not include the following training purposes. thorized to be appropriated by paragraphs (2) reservations of the United States: (3) The transfers provide the Department and (3) of section 3102(a), not more than ‘‘(A) A 9 percent royalty interest in the of the Air Force and the Department of the $400,000 shall be available to the Secretary of value of any oil, gas, other hydrocarbons, Army with complete land management con- Energy for purposes of carrying out a con- and all other minerals from the conveyed trol of these public domain lands to allow for ceptual design for a Subsurface Geosciences land that are produced, saved, and sold, the effective land management, minimize safety Laboratory, Idaho Falls, Idaho. payments for which shall be made by the concerns, and ensure meaningful training. (b) LIMITATION.—None of the funds author- Tribe or its designee to the Secretary of En- (4) The Department of the Interior concurs ized to be appropriated by section (a) may be ergy during the period that the oil, gas, hy- with the land transfers at Melrose Range and obligated until 60 days after the Secretary drocarbons, or minerals are being produced, Yakima Training Center. submits the report required by section (c). saved, sold, or extracted. (b) SENSE OF CONGRESS.—It is the sense of (c) REPORT.—The Secretary of Energy shall ‘‘(B) The portion of the bed of Green River Congress that the land transfers at Melrose submit to the congressional defense commit- contained entirely within NOSR–2, as de- Range, New Mexico, and Yakima Training tees a report on the proposed Subsurface picted on the map.

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‘‘(C) The land (including surface and min- 1⁄4 mile of, the Green River in a manner ee’), subject to the availability of funds ap- eral rights) to the west of the Green River that— propriated specifically for a purpose de- within NOSR–2, as depicted on the map. ‘‘(A) maintains the protected status of the scribed in clauses (i) through (iii) or made ‘‘(D) A 1⁄4 mile scenic easement on the east land; and available by the Trustee from the Moab Rec- side of the Green River within NOSR–2. ‘‘(B) is consistent with the government-to- lamation Trust, may carry out— ‘‘(3) CONDITIONS.— government agreement and in the memo- ‘‘(i) interim measures to reduce or elimi- ‘‘(A) MANAGEMENT AUTHORITY.—On comple- randum of understanding dated February 11, nate localized high ammonia concentrations tion of the conveyance under paragraph (1), 2000, as agreed to by the Tribe and the Sec- identified by the United States Geological the United States relinquishes all manage- retary. Survey in a report dated March 27, 2000, in ment authority over the conveyed land (in- ‘‘(2) NO MANAGEMENT RESTRICTIONS.—An or- the Colorado River; cluding tribal activities conducted on the dinance referred to in paragraph (1) shall not ‘‘(ii) activities to dewater the mill tailings; land). impair, limit, or otherwise restrict the man- and ‘‘(B) NO REVERSION.—The land conveyed to agement and use of any land that is not ‘‘(iii) other activities, subject to the au- the Tribe under this subsection shall not re- owned, controlled, or subject to the jurisdic- thority of the Secretary of Energy and the vert to the United States for management in tion of the Tribe. Nuclear Regulatory Commission. trust status. ‘‘(3) REPEAL OR AMENDMENT.—An ordinance ‘‘(E) TITLE; CARETAKING.—Until the date on ‘‘(C) USE OF EASEMENT.—The reservation of adopted by the Tribe and referenced in the which the Moab site is sold under paragraph the easement under paragraph (2)(D) shall government-to-government agreement may (4), the Trustee— not affect the right of the Tribe to obtain, not be repealed or amended without the writ- ‘‘(i) shall maintain title to the site; and use, and maintain access to, the Green River ten approval of— ‘‘(ii) shall act as a caretaker of the prop- through the use of the road within the ease- ‘‘(A) the Tribe; and erty and in that capacity exercise measures ment, as depicted on the map. ‘‘(B) the Secretary. of physical safety consistent with past prac- ‘‘(c) WITHDRAWALS.—Each withdrawal that ‘‘(g) PLANT SPECIES.— tice, until the Secretary of Energy relieves applies to NOSR–2 and that is in effect on ‘‘(1) IN GENERAL.—In accordance with a the Trustee of that responsibility. the date of enactment of this section is re- government-to-government agreement be- ‘‘(2) LIMIT ON EXPENDITURES.—The Sec- voked to the extent that the withdrawal ap- tween the Tribe and the Secretary, in a man- retary shall limit the amounts expended in plies to NOSR–2. ner consistent with levels of legal protection carrying out the remedial action under para- ‘‘(d) ADMINISTRATION OF RESERVED LAND in effect on the date of enactment of this graph (1) to— AND INTERESTS IN LAND.— section, the Tribe shall protect, under ordi- ‘‘(A) amounts specifically appropriated for ‘‘(1) IN GENERAL.—The Secretary of the In- nances adopted by the Tribe, any plant spe- the remedial action in an Act of appropria- terior shall administer the land and interests cies that is— tion; and in land reserved from conveyance under sub- ‘‘(A) listed as an endangered species or ‘‘(B) other amounts made available for the paragraphs (B) and (C) of subsection (b)(2) in threatened species under section 4 of the En- remedial action under this subsection. accordance with the Federal Land Policy and dangered Species Act of 1973 (16 U.S.C. 1533); ‘‘(3) RETENTION OF ROYALTIES.— Management Act of 1976 (43 U.S.C. 1701 et and ‘‘(A) IN GENERAL.—The Secretary of Energy shall retain the amounts received as royal- seq.). ‘‘(B) located or found on the NOSR–2 land ties under subsection (e)(1). ‘‘(2) MANAGEMENT PLAN.—Not later than 3 conveyed to the Tribe. ‘‘(B) AVAILABILITY.—Amounts referred to years after the date of enactment of this sec- ‘‘(2) TRIBAL JURISDICTION.—The protection in subparagraph (A) shall be available, with- tion, the Secretary shall submit to Congress described in paragraph (1) shall be performed out further Act of appropriation, to carry a land use plan for the management of the solely under tribal jurisdiction out the remedial action under paragraph (1). land and interests in land referred to in para- ‘‘(h) HORSES.— ‘‘(C) EXCESS AMOUNTS.—On completion of graph (1). ‘‘(1) IN GENERAL.—The Tribe shall manage, the remedial action under paragraph (1), all ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— protect, and assert control over any horse remaining royalty amounts shall be depos- There are authorized to be appropriated to not owned by the Tribe or tribal members ited in the General Fund of the Treasury. the Secretary such sums as are necessary to that is located or found on the NOSR–2 land ‘‘(D) EXCLUSION OF NATIONAL SECURITY AC- carry out this subsection. conveyed to the Tribe in a manner that is TIVITIES FUNDING.—The Secretary shall not ‘‘(e) ROYALTY.— consistent with Federal law governing the use any funds made available to the Depart- ‘‘(1) PAYMENT OF ROYALTY.— management, protection, and control of ment of Energy for national security activi- ‘‘(A) IN GENERAL.—The royalty interest re- horses in effect on the date of enactment of ties to carry out the remedial action under served from conveyance in subsection this section. paragraph (1). RIBAL JURISDICTION (b)(2)(A) that is required to be paid by the ‘‘(2) T .—The manage- ‘‘(E) AUTHORIZATION OF APPROPRIATIONS.— Tribe shall not include any development, ment, control, and protection of horses de- There are authorized to be appropriated to production, marketing, and operating ex- scribed in paragraph (1) shall be performed the Secretary of Energy to carry out the re- penses. solely— medial action under paragraph (1) such sums ‘‘(B) FEDERAL TAX RESPONSIBILITY.—The ‘‘(A) under tribal jurisdiction; and as are necessary. United States shall bear responsibility for ‘‘(B) in accordance with a government-to- ‘‘(4) SALE OF MOAB SITE.— and pay— government agreement between the Tribe ‘‘(A) IN GENERAL.—If the Moab site is sold ‘‘(i) gross production taxes; and the Secretary. after the date on which the Secretary of En- ‘‘(ii) pipeline taxes; and ‘‘(i) REMEDIAL ACTION AT MOAB SITE.— ergy completes the remedial action under ‘‘(iii) allocation taxes assessed against the ‘‘(1) INTERIM REMEDIAL ACTION.— paragraph (1), the seller shall pay to the Sec- gross production. ‘‘(A) PLAN.—Not later than 1 year after the retary of Energy, for deposit in the miscella- ‘‘(2) REPORT.—The Tribe shall submit to date of enactment of this section, the Sec- neous receipts account of the Treasury, the the Secretary of Energy and to Congress an retary of Energy shall prepare a plan for re- portion of the sale price that the Secretary annual report on resource development and medial action, including ground water res- determines resulted from the enhancement other activities of the Tribe concerning the toration, at the uranium milling site near of the value of the Moab site that is attrib- conveyance under subsection (b). Moab, Utah, under section 102(a) of the Ura- utable to the completion of the remedial ac- ‘‘(3) FINANCIAL AUDIT.— nium Mill Tailings Radiation Control Act of tion, as determined in accordance with sub- ‘‘(A) IN GENERAL.—Not later than 5 years 1978 (42 U.S.C. 7912(a)). paragraph (B). after the date of enactment of this section, ‘‘(B) COMMENCEMENT OF REMEDIAL ACTION.— ‘‘(B) DETERMINATION OF ENHANCED VALUE.— and every 5 years thereafter, the Tribe shall The Secretary of Energy shall commence re- The enhanced value of the Moab site referred obtain an audit of all resource development medial action as soon as practicable after to in subparagraph (A) shall be equal to the activities of the Tribe concerning the con- the preparation of the plan. difference between— veyance under subsection (b), as provided ‘‘(C) TERMINATION OF LICENSE.—The license ‘‘(i) the fair market value of the Moab site under chapter 75 of title 31, United States for the materials at the site issued by the on the date of enactment of this section, Code. Nuclear Regulatory Commission shall termi- based on information available on that date; ‘‘(B) INCLUSION OF RESULTS.—The results of nate 1 year from the date of enactment of and each audit under this paragraph shall be in- this section, unless the Secretary of Energy ‘‘(ii) the fair market value of the Moab cluded in the next annual report submitted determines that the license may be termi- site, as appraised on completion of the reme- after the date of completion of the audit. nated earlier. dial action.’’. ‘‘(f) RIVER MANAGEMENT.— ‘‘(D) ACTIVITIES OF THE TRUSTEE OF THE (c) URANIUM MILL TAILINGS.—Section 102(a) ‘‘(1) IN GENERAL.—The Tribe shall manage, MOAB RECLAMATION TRUST.— Until the license of the Uranium Mill Tailings Radiation Con- under Tribal jurisdiction and in accordance referred to in subparagraph (C) terminates, trol Act of 1978 (42 U.S.C. 7912(a)) is amended with ordinances adopted by the Tribe, land the Trustee of the Moab Reclamation Trust by inserting after paragraph (3) the fol- of the Tribe that is adjacent to, and within (referred to in this paragraph as the ‘Trust- lowing:

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‘‘(4) DESIGNATION AS PROCESSING SITE.— fighting personnel’ means individuals, in- ‘‘(5) APPLICATION.—The Director may pro- ‘‘(A) IN GENERAL.—Notwithstanding any cluding volunteers, who are firefighters, offi- vide assistance to a fire department or orga- other provision of law, the Moab uranium cers of fire departments, or emergency med- nization under this subsection only if the milling site (referred to in this paragraph as ical service personnel of fire departments. fire department or organization seeking the the ‘Moab Site’) located approximately 3 ‘‘(b) ASSISTANCE PROGRAM.— assistance submits to the Director an appli- miles northwest of Moab, Utah, and identi- ‘‘(1) AUTHORITY.—In accordance with this cation in such form and containing such in- fied in the Final Environmental Impact section, the Director may— formation as the Director may require. Statement issued by the Nuclear Regulatory ‘‘(A) make grants on a competitive basis to ‘‘(6) MATCHING REQUIREMENT.—The Director Commission in March 1996, in conjunction fire departments for the purpose of pro- may provide assistance under this subsection with Source Material License No. SUA 917, is tecting the health and safety of the public only if the applicant for the assistance designated as a processing site. and firefighting personnel against fire and agrees to match with an equal amount of ‘‘(B) APPLICABILITY.—This title applies to fire-related hazards; and non-Federal funds 10 percent of the assist- the Moab Site in the same manner and to the ‘‘(B) provide assistance for fire prevention ance received under this subsection for any same extent as to other processing sites des- programs in accordance with paragraph (4). fiscal year. ignated under this subsection, except that— ‘‘(2) ESTABLISHMENT OF OFFICE FOR ADMINIS- ‘‘(7) MAINTENANCE OF EXPENDITURES—The ‘‘(i) sections 103, 107(a), 112(a), and 115(a) of TRATION OF ASSISTANCE.—Before providing Director may provide assistance under this this title shall not apply; assistance under paragraph (1), the Director subsection only if the applicant for the as- ‘‘(ii) a reference in this title to the date of shall establish an office in the Federal Emer- sistance agrees to maintain in the fiscal year the enactment of this Act shall be treated as gency Management Agency that shall have for which the assistance will be received the a reference to the date of enactment of this the duties of establishing specific criteria for applicant’s aggregate expenditures for the paragraph; and the selection of recipients of the assistance, uses described in paragraph (3) or (4) at or ‘‘(iii) the Secretary, subject to the avail- and administering the assistance, under this above the average level of such expenditures ability of appropriations and without regard section. in the 2 fiscal years preceding the fiscal year to section 104(b), shall conduct remediation ‘‘(3) USE OF FIRE DEPARTMENT GRANT for which the assistance will be received. at the Moab site in a safe and environ- FUNDS.—The Director may make a grant ‘‘(8) REPORT TO THE DIRECTOR.—The Direc- mentally sound manner, including— under paragraph (1)(A) only if the applicant tor may provide assistance under this sub- ‘‘(I) ground water restoration; and for the grant agrees to use the grant funds— section only if the applicant for the assist- ‘‘(II) the removal, to at a site in the State ‘‘(A) to hire additional firefighting per- ance agrees to submit to the Director a re- of Utah, for permanent disposition and any sonnel; port, including a description of how the as- necessary stabilization, of residual radio- ‘‘(B) to train firefighting personnel in fire- sistance was used, with respect to each fiscal active material and other contaminated ma- fighting, emergency response, arson preven- year for which the assistance was received. terial from the Moab Site and the floodplain tion and detection, or the handling of haz- ‘‘(9) VARIETY OF FIRE DEPARTMENT GRANT of the Colorado River.’’. ardous materials, or to train firefighting per- RECIPIENTS.—The Director shall ensure that (d) CONFORMING AMENDMENT.—Section 3406 sonnel to provide any of the training de- grants under paragraph (1)(A) for a fiscal of the Strom Thurmond National Defense scribed in this subparagraph; year are made to a variety of fire depart- Authorization Act for Fiscal Year 1999 (10 ‘‘(C) to fund the creation of rapid interven- ments, including, to the extent that there U.S.C. 7420 note; Public Law 105–261) is tion teams to protect firefighting personnel are eligible applicants— amended by inserting after subsection (e) the at the scenes of fires and other emergencies; ‘‘(A) paid, volunteer, and combination fire following: ‘‘(D) to certify fire inspectors; departments; ‘‘(f) OIL SHALE RESERVE NUMBERED 2.—This ‘‘(E) to establish wellness and fitness pro- ‘‘(B) fire departments located in commu- section does not apply to the transfer of Oil grams for firefighting personnel to ensure nities of varying sizes; and Shale Reserve Numbered 2 under section that the firefighting personnel can carry out ‘‘(C) fire departments located in urban, 3405.’’. their duties; suburban, and rural communities. ‘‘(F) to fund emergency medical services ‘‘(10) LIMITATION ON EXPENDITURES FOR WARNER AMENDMENT NO. 3752 provided by fire departments; FIREFIGHTING VEHICLES.—The Director shall Mr. WARNER proposed an amend- ‘‘(G) to acquire additional firefighting ve- ensure that not more than 25 percent of the ment to the bill, S. 2549, supra; as fol- hicles, including fire trucks; assistance made available under this sub- ‘‘(H) to acquire additional firefighting section for a fiscal year is used for the use lows: equipment, including equipment for commu- described in paragraph (3)(G). On page 17, line 17, strike ‘‘$496,749,000’’ and nications and monitoring; ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— insert ‘‘$500,749,000’’. ‘‘(I) to acquire personal protective equip- On page 31, between lines 18 and 19, insert ‘‘(1) IN GENERAL.—There are authorized to ment required for firefighting personnel by be appropriated to the Director— the following: the Occupational Safety and Health Admin- SEC. 126. ANTI-PERSONNEL OBSTACLE BREACH- ‘‘(A) $100,000,000 for fiscal year 2001; istration, and other personal protective ‘‘(B) $200,000,000 for fiscal year 2002; ING SYSTEM. equipment for firefighting personnel; Of the total amount authorized to be ap- ‘‘(C) $400,000,000 for fiscal year 2003; ‘‘(J) to modify fire stations, fire training propriated under section 102(c), $4,000,000 is ‘‘(D) $600,000,000 for fiscal year 2004; facilities, and other facilities to protect the available only for the procurement of the ‘‘(E) $800,000,000 for fiscal year 2005; and health and safety of firefighting personnel; anti-personnel obstacle breaching system. ‘‘(F) $1,000,000,000 for fiscal year 2006. ‘‘(K) to enforce fire codes; On page 54, line 16, strike ‘‘$11,973,569,000’’ ‘‘(2) LIMITATION ON ADMINISTRATIVE and insert ‘‘$11,969,569,000’’. ‘‘(L) to fund fire prevention programs; or COSTS.—Of the amounts made available ‘‘(M) to educate the public about arson pre- under paragraph (1) for a fiscal year, the Di- vention and detection. rector may use not more than 10 percent for DODD (AND OTHERS) AMENDMENT ‘‘(4) FIRE PREVENTION PROGRAMS.— NO. 3753 the administrative costs of carrying out this ‘‘(A) IN GENERAL.—For each fiscal year, the section.’’. Mr. LEVIN (for Mr. DODD, Mr. BURNS, Director shall use not less than 10 percent of Mrs. BOXER, Mr. DEWINE, Mr. KERRY, the funds made available under subsection Ms. SNOWE, Mr. LEAHY, Ms. MIKULSKI, (c)— ‘‘(i) to make grants to fire departments for WARNER AMENDMENT NO. 3754 Mr. BIDEN, Mr. BINGAMAN, Mr. SAR- the purpose described in paragraph (3)(L); BANES, Mr. SCHUMER, Mr. REID, Mr. and Mr. WARNER proposed an amend- LAUTENBERG, Mr. MOYNIHAN, and Mr. ‘‘(ii) to make grants to, or enter into con- ment to the bill, S. 2549, supra; as fol- KENNEDY) proposed an amendment to tracts or cooperative agreements with, na- lows: the bill, S. 2549, supra; as follows: tional, State, local, or community organiza- On page 415, between lines 2 and 3, insert tions that are recognized for their experience On page 58, between lines 7 and 8, insert the following: and expertise with respect to fire prevention the following: SEC. 1061. FIREFIGHTER INVESTMENT AND RE- or fire safety programs and activities, for the SEC. 313. CLOSE-IN WEAPON SYSTEM OVER- SPONSE ENHANCEMENT. purpose of carrying out fire prevention pro- HAULS. The Federal Fire Prevention and Control grams. Of the total amount authorized to be ap- Act of 1974 (15 U.S.C. 2201 et seq.) is amended ‘‘(B) PRIORITY.—In selecting organizations by adding at the end the following: described in subparagraph (A)(ii) to receive propriated by section 301(2), $391,806,000 is available for weapons maintenance. ‘‘SEC. 33. FIREFIGHTER INVESTMENT AND RE- assistance under this paragraph, the Direc- SPONSE ENHANCEMENT. tor shall give priority to organizations that The total amount authorized to be appro- ‘‘(a) DEFINITION OF FIREFIGHTING PER- focus on prevention of injuries to children priated by section 301(5) for Spectrum data SONNEL.—In this section, the term ‘fire- from fire. base upgrades is reduced by $10 million.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 13398 CONGRESSIONAL RECORD—SENATE June 30, 2000 GORTON AMENDMENT NO. 3755 (b) COMPTROLLER GENERAL REVIEW OF NIF enactment of this Act for obligation for the PROGRAM.—(1) The Comptroller General shall D5 submarine-launched ballistic missile pro- Mr. WARNER (for Mr. GORTON) pro- conduct a thorough review of the national gram may be obligated for production under posed an amendment to the bill, S. ignition facility program. that program only for payment of the costs 2549, supra; as follows: (2) Not later than March 31, 2001, the Comp- associated with the termination of produc- On page 556, line 24, strike ‘‘$5,501,824,000’’ troller General shall submit to the Commit- tion under this Act. and insert ‘‘$5,651,824,000’’. tees on Armed Services of the Senate and (e) INAPPLICABILITY TO MISSILES IN PRODUC- On page 559, line 8, strike ‘‘$3,028,457,000’’ House of Representatives a report on the re- TION.—Subsections (c) and (d) do not apply to and insert ‘‘$3,178,457,000’’. view conducted under paragraph (1). The re- missiles in production on the date of the en- On page 559, line 11, strike ‘‘$2,533,725,000’’ port shall include— actment of this Act. and insert ‘‘$2,683,725,000’’. (A) an analysis of— On page 564, line 8, strike ‘‘$540,092,000’’ and (i) the relationship of the national ignition insert ‘‘$390,092,000’’. facility program to other key components of DOMENICI (AND OTHERS) On page 564, line 13, strike ‘‘$450,000,000’’ the Stockpile Stewardship Program; and AMENDMENT NO. 3760 and insert ‘‘$300,000,000’’. (ii) the potential impact of delays in the (Ordered to lie on the table.) On page 603, between lines 18 and 19, insert national ignition facility program, and of a Mr. DOMENICI (for himself, Mr. the following: failure to complete key program objectives LEVIN, Mr. LUGAR, Mr. BIDEN, Mr. SEC. 3156. TANK WASTE REMEDIATION SYSTEM, of the program, on the other key components HANFORD RESERVATION, RICH- of the Stockpile Stewardship Program, such BINGAMAN, Mr. CRAIG, Mr. THOMPSON, LAND, WASHINGTON. as the Advanced Strategic Computing Initia- and Mr. HAGEL) submitted an amend- (a) FUNDS AVAILABLE.—Of the amount au- tive Program; ment intended to be proposed by them thorized to be appropriated by section 3102, (B) a detailed description and analysis of to the bill, S. 2549, supra; as follows: $150,000,000 shall be available to carry out an the funds spent as of the date of the report accelerated cleanup and waste management On page 610, between lines 13 and 14, insert on the national ignition facility program; the following: program at the Department of Energy Han- and Subtitle F—Russian Nuclear Complex ford Site in Richland, Washington. (C) an assessment whether Lawrence Liver- (b) REPORT.—Not later than December 15, Conversion more National Laboratory has established a 2000, the Secretary of Energy shall submit to new baseline plan for the national ignition SEC. 3191. SHORT TITLE. Congress a report on the Tank Waste Reme- facility program with clear goals and achiev- This subtitle may be cited as the ‘‘Russian diation System Project at the Hanford Site. able milestones for that program. Nuclear Weapons Complex Conversion Act of The report shall include the following: 2000’’. (1) A proposed plan for processing and sta- SEC. 3192. FINDINGS. bilizing all nuclear waste located in the Han- FEINSTEIN AMENDMENT NO. 3757 Congress makes the following findings: ford Tank Farm. Mr. LEVIN (for Mrs. FEINSTEIN) pro- (1) The Russian nuclear weapons complex (2) A proposed schedule for carrying out posed an amendment to the bill, has begun closure and complete reconfigura- the plan. S. 2549, supra; as follows: tion of certain weapons complex plants and (3) The total estimated cost of carrying out productions lines. However, this work is at the plan. At the appropriate place, insert the an early stage. The major impediments to (4) A description of any alternative options following: downsizing have been economic and social to the proposed plan and a description of the SEC. . BREAST CANCER STAMP EXTENSION. conditions in Russia. Little information costs and benefits of each such option. Section 414(g) of title 39, United States Code, is amended by striking ‘‘2-year’’ and about this complex is shared, and 10 of its inserting ‘‘4-year’’. most sensitive cities remain closed. These KYL AMENDMENT NO. 3756 cities house 750,000 people and employ ap- Mr. WARNER (for Mr. KYL) proposed KERRY AMENDMENT NO. 3758 proximately 150,000 people in nuclear mili- an amendment to the bill, S. 2549, tary facilities. Although the Russian Federa- (Ordered to lie on the table.) supra; as follows: tion Ministry of Atomic Energy has an- Mr. KERRY submitted an amend- nounced the need to significantly downsize On page 547, line 16, strike ‘‘$6,214,835,000’’ ment intended to be proposed by him its workforce, perhaps by as much as 50 per- and insert ‘‘$6,289,835,000’’. to the bill, S. 2549, supra; as follows: cent, it has been very slow in accomplishing On page 547, line 19, strike $4,672,800,000’’ this goal. Information on the extent of any On page 85, strike line 1 and all that fol- and insert ‘‘$4,747,800,000’’. progress is very closely held. lows through page 87, line 13. On page 547, line 24, strike ‘‘$3,887,383,000’’ (2) The United States, on the other hand, and insert ‘‘$3,822,383,000’’. has significantly downsized its nuclear weap- On page 548, line 3, strike ‘‘$1,496,982,000’’ FEINGOLD (AND OTHERS) ons complex in an open and transparent and insert ‘‘$1,471,982,000’’. AMENDMENT NO. 3759 manner. As a result, an enormous asym- On page 548, line 5, strike ‘‘$1,547,798,000’’ metry now exists between the United States and insert ‘‘$1,507,798,000’’. (Ordered to lie on the table.) On page 549, line 2, strike ‘‘$448,173,000’’ and Mr. FEINGOLD (for himself, Mr. and Russia in nuclear weapon production ca- pacities and in transparency of such capac- insert ‘‘$588,173,000’’. HARKIN, and Mr. WELLSTONE) sub- On page 552, line 7, strike ‘‘$74,100,000’’ and ities. It is in the national security interest of mitted an amendment intended to be the United States to assist the Russian Fed- insert ‘‘$214,100,000’’. proposed by them to the bill, S. 2549, On page 560, line 23, strike ‘‘$141,317,000’’ eration in accomplishing significant reduc- and insert ‘‘$216,317,000’’. supra; as follows: tions in its nuclear military complex and in On page 603, between lines 18 and 19, insert On page 31, between lines 18 and 19, insert helping it to protect its nuclear weapons, nu- the following: the following: clear materials, and nuclear secrets during SEC. 3156. REPORT ON NATIONAL IGNITION FA- SEC. 126. D5 SUBMARINE-LAUNCHED BALLISTIC such reductions. Such assistance will accom- CILITY, LAWRENCE LIVERMORE NA- MISSILE PROGRAM. plish critical nonproliferation objectives and TIONAL LABORATORY, LIVERMORE, (a) REDUCTION OF AMOUNT FOR PROGRAM.— provide essential support towards future CALIFORNIA. Notwithstanding any other provision of this arms reduction agreements. The Russian (a) NEW BASELINE.—(1) Not more than 50 Act, the total amount authorized to be ap- Federation’s program to close and recon- percent of the funds available for the na- propriated by this Act is reduced by figure weapons complex plants and produc- tional ignition facility (Project 96–D–111) $462,733,000. tion lines will address, if it is implemented may be obligated or expended until the Sec- (b) PROHIBITION.—None of the remaining in a significant and transparent manner, retary of Energy submits to the Committees funds authorized to be appropriated by this concerns about the Russian Federation’s on Armed Services of the Senate and House Act after the reduction made by subsection ability to quickly reconstitute its arsenal. of Representatives a report setting forth a (a) may be used for the procurement of D5 (3) Several current programs address por- new baseline plan for the completion of the submarine-launched ballistic missiles or tions of the downsizing and nuclear security national ignition facility. components for D5 missiles. concerns. The Nuclear Cities Initiative was (2) The report shall include a detailed, (c) TERMINATION OF PROGRAM.—The Sec- established to assist Russia in creating job year-by-year breakdown of the funding re- retary of Defense shall terminate production opportunities for employees who are not re- quired for completion of the facility, as well of D5 submarine ballistic missiles under the quired to support realistic Russian nuclear as projected dates for the completion of pro- D5 submarine-launched ballistic missile pro- security requirements. Its focus has been on gram milestones, including the date on gram after fiscal year 2001. creating commercial ventures that can pro- which the first laser beams are expected to (d) PAYMENT OF TERMINATION COSTS.— vide self-sustaining jobs in three of the become operational. Funds available on or after the date of the closed cities. The current scope and funding

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13399 of the program are not commensurate with agencies of the United States Government, (2) The amount authorized to be appro- the scale of the threats to the United States to utilize such research and development priated by section 101(5) for other procure- sought to be addressed by the program. services for activities appropriate to the ment for the Army is hereby reduced by (4) To effectively address threats to United mission of the Department, and such depart- $22,500,000, with the amount of the reduction States national security interests, progress ments and agencies, including activities re- to be allocated to the Close Combat Tactical with respect to the nuclear cities must be ex- lating to— Trainer. panded and accelerated. The Nuclear Cities (A) nonproliferation (including the detec- (g) SENSE OF CONGRESS REGARDING FUNDING Initiative has laid the groundwork for an im- tion and identification of weapons of mass FOR FISCAL YEARS AFTER FISCAL YEAR 2001.— mediate increase in investment which offers destruction and verification of treaty com- It is the sense of Congress that the avail- the potential for prompt risk reduction in pliance); ability of funds for the Nuclear Cities Initia- the cities of Sarov, Snezhinsk, and (B) global energy and environmental mat- tive in fiscal years after fiscal year 2001 Zheleznogorsk, which house four key Rus- ters; and should be contingent upon— sian nuclear facilities. Furthermore, the Nu- (C) basic scientific research of benefit to (1) demonstrable progress in the programs clear Cities Initiative has made considerable the United States. carried out under subsection (c), as deter- progress with the limited funding available. (c) ACCELERATION OF NUCLEAR CITIES INI- mined utilizing the milestones required However, to gain sufficient advocacy for ad- TIATIVE.—(1) In carrying out actions under under paragraph (4) of that subsection; and ditional support, the program must dem- this section, the Secretary shall accelerate (2) the development and implementation of onstrate— the Nuclear Cities Initiative by imple- the plan required by subsection (d). (A) rapid progress in conversion and re- menting, as soon as practicable after the SEC. 3194. SENSE OF CONGRESS ON THE ESTAB- structuring; and date of the enactment of this Act, programs LISHMENT OF A NATIONAL COORDI- (B) an ability for the United States to at the nuclear cities referred to in paragraph NATOR FOR NONPROLIFERATION MATTERS. track progress against verifiable milestones (2) in order to convert significant portions of that support a Russian nuclear complex con- It is the sense of Congress that— the activities carried out at such nuclear cit- (1) there should be a National Coordinator sistent with their future national security ies from military activities to civilian ac- requirements. for Nonproliferation Matters to coordinate— tivities. (A) the Nuclear Cities Initiative; (5) Reductions in the nuclear weapons- (2) The nuclear cities referred to in this grade material stocks in the United States (B) the Initiatives for Proliferation Pre- paragraph are the following: vention program; and Russia enhance prospects for future (A) Sarov (Arzamas–16). arms control agreements and reduce con- (C) the Cooperative Threat Reduction pro- (B) Snezhinsk (Chelyabinsk–70). grams; cerns that these materials could lead to pro- (C) Zheleznogorsk (Krasnoyarsk–26). liferation risks. Confidence in both nations (D) the materials protection, control, and (3) To advance nonproliferation and arms accounting programs; and will be enhanced by knowledge of the extent control objectives, the Nuclear Cities Initia- of each nation’s stockpiles of weapons-grade (E) the International Science and Tech- tive is encouraged to begin planning for ac- nology Center; and materials. The United States already makes celerated conversion, commensurate with this information public. (2) the position of National Coordinator for available resources, in the remaining nuclear Nonproliferation Matters should be similar, (6) Many current programs contribute to cities. the goals stated herein. However, the lack of regarding nonproliferation matters, to the (4) Before implementing a program under programmatic coordination within and position filled by designation of the Presi- paragraph (1), the Secretary shall establish among United States Government agencies dent under section 1441(a) of the Defense appropriate, measurable milestones for the impedes the capability of the United States Against Weapons of Mass Destruction Act of activities to be carried out in fiscal year to make rapid progress. A formal single 1996 (title XIV of Public Law 104–201; 110 2001. point of coordination is essential to ensure Stat. 2727; 50 U.S.C. 2351(a)). (d) PLAN FOR RESTRUCTURING THE RUSSIAN that all United States programs directed at SEC. 3195. DEFINITIONS. NUCLEAR COMPLEX.—(1) The President, act- cooperative threat reduction, nuclear mate- In this subtitle: ing through the Secretary of Energy, is rials reduction and protection, and the (1) NUCLEAR CITY.—The term ‘‘nuclear urged to enter into negotiations with the downsizing, transparency, and nonprolifera- city’’ means any of the closed nuclear cities Russian Federation for purposes of the devel- tion of the nuclear weapons complex effec- within the complex of the Russia Ministry of opment by the Russian Federation of a plan tively mitigate the risks inherent in the Atomic Energy (MINATOM) as follows: to restructure the Russian Nuclear Complex Russian Federation’s military complex. (A) Sarov (Arzamas–16). in order to meet changes in the national se- (7) Specialists in the United States and the (B) Zarechnyy (Penza–19). curity requirements of Russia by 2010. former Soviet Union trained in nonprolifera- (C) Novoural’sk (Sverdlovsk–44). (2) The plan under paragraph (1) should in- tion studies can significantly assist in the (D) Lesnoy (Sverdlovsk–45). clude the following: downsizing process while minimizing the (E) Ozersk (Chelyabinsk–65). (A) Mechanisms to achieve a nuclear weap- threat presented by potential proliferation of (F) Snezhinsk (Chelyabinsk–70). ons production capacity in Russia that is weapons materials or expertise. (G) Trechgornyy (Zlatoust–36). consistent with the obligations of Russia SEC. 3193. EXPANSION AND ENHANCEMENT OF (H) Seversk (Tomsk–7). under current and future arms control agree- NUCLEAR CITIES INITIATIVE. (I) Zhelenznogorsk (Krasnoyarsk–26). ments. (a) IN GENERAL.—The Secretary of Energy (J) Zelenogorsk (Krasnoyarsk–45). (B) Mechanisms to increase transparency shall, in accordance with the provisions of (2) RUSSIAN NUCLEAR COMPLEX.—The term this section, take appropriate actions to ex- regarding the restructuring of the nuclear ‘‘Russian Nuclear Complex’’ refers to all of pand and enhance the activities under the weapons complex and weapons-surplus nu- the nuclear cities. Nuclear Cities Initiative in order to— clear materials inventories in Russia to the (1) assist the Russian Federation in the levels of transparency for such matters in the United States, including the participa- BRYAN (AND ROBB) AMENDMENT downsizing of the Russian Nuclear Complex; NO. 3761 and tion of Department of Energy officials with (2) coordinate the downsizing of the Rus- expertise in transparency of such matters. (Ordered to lie on the table.) sian Nuclear Complex under the Initiative (C) Measurable milestones that will permit Mr. BRYAN (for himself and Mr. with other United States nonproliferation the United States and the Russian Federa- ROBB) submitted an amendment in- programs. tion to monitor progress under the plan. tended to be proposed by them to the (e) ENCOURAGEMENT OF CAREERS IN NON- (b) ENHANCED USE OF MINATOM TECH- bill, S. 2549, supra; as follows: NOLOGY AND RESEARCH AND DEVELOPMENT PROLIFERATION.—(1) In carrying out actions On page 236, between lines 6 and 7, insert SERVICES.—In carrying out actions under under this section, the Secretary shall carry this section, the Secretary shall facilitate out a program to encourage students in the the following: the enhanced use of the technology, and the United States and in the Russian Federation SEC. 646. CONCURRENT PAYMENT TO SURVIVING research and development services, of the to pursue a career in an area relating to non- SPOUSES OF DISABILITY AND IN- proliferation. DEMNITY COMPENSATION AND AN- Russia Ministry of Atomic Energy NUITIES UNDER SURVIVOR BENEFIT (MINATOM) by— (2) Of the amounts under subsection (f), up PLAN. (1) fostering the commercialization of to $2,000,000 shall be available for purposes of (a) CONCURRENT PAYMENT.—Section 1450 of peaceful, non-threatening advanced tech- the program under paragraph (1). title 10, United States Code, is amended by nologies of the Ministry through the devel- (f) FUNDING FOR FISCAL YEAR 2001.—(1) striking subsection (c). opment of projects to commercialize re- There is hereby authorized to be appro- (b) CONFORMING AMENDMENTS.—That sec- search and development services for industry priated for the Department of Energy for fis- tion is further amended by striking sub- and industrial entities; and cal year 2001, $40,000,000 for purposes of the sections (e) and (k). (2) authorizing the Department of Energy, Nuclear Cities Initiative, including activities (c) EFFECTIVE DATE.—The amendments and encouraging other departments and under this section. made by this section shall take effect on the

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 13400 CONGRESSIONAL RECORD—SENATE June 30, 2000 date of the enactment of this Act, and shall weapons as it is applied to former U.S. nu- Mr. SMITH of New Hampshire sub- apply with respect to the payment of annu- clear weapons facilities that no longer con- mitted an amendment intended to be ities under the Survivor Benefit Plan under tain nuclear weapons or materials. proposed by him to the bill, S. 2549, (c) NOTIFICATION OF POTENTIAL VICTIMS.— subchapter II of chapter 73 of title 10, United supra; as follows: States Code, for months beginning on or The Secretary of Defense is directed to no- after that date. tify people who are or were bound by Depart- On page 415, between lines 2 and 3, insert (d) RECOMPUTATION OF ANNUITIES.—The ment secrecy oaths or policies, and who may the following: Secretary of Defense shall provide for the re- have been exposed to radioactive or haz- SEC. 1061. ADDITIONAL MATTERS FOR ANNUAL adjustment of any annuities to which sub- ardous substances at nuclear weapons facili- REPORT ON TRANSFERS OF MILI- section (c) of section 1450 of title 10, United ties, of any likely health risks and of how TARILY SENSITIVE TECHNOLOGY TO States Code, applies as of the date before the they can discuss the exposures with their COUNTRIES AND ENTITIES OF CON- CERN. date of the enactment of this Act, as if the health care providers and other appropriate Section 1402(B) of the National Defense Au- adjustment otherwise provided for under officials without violating secrecy oaths or thorization Act for Fiscal Year 2000 (Public such subsection (c) had never been made. policies. Law 106–65; 113 Stat. 798) is amended by add- (e) PROHIBITION ON RETROACTIVE BENE- ing at the end the following: FITS.—No benefits shall be paid to any person BINGAMAN AMENDMENT NO. 3763 ‘‘(4) The status of the implementation or by virtue of the amendments made by this other disposition of recommendations in- section for any period before the effective (Ordered to lie on the table.) cluded in reports of audits by Inspectors date of the amendments as specified in sub- Mr. BINGAMAN submitted an General that have been set forth in previous section (c). amendment intended to be proposed by him to the bill, S. 2549, supra; as fol- annual reports under this section.’’. HARKIN AMENDMENT NO. 3762 lows: HARKIN AMENDMENT NO. 3766 (Ordered to lie on the table.) On page 239, strike lines 3 through 8 and in- sert the following: Mr. HARKIN submitted an amend- (Ordered to lie on the table.) SEC. 655. PAYMENT OF GRATUITY TO CERTAIN ment intended to be proposed by him Mr. HARKIN submitted an amend- VETERANS OF BATAAN AND COR- ment intended to be proposed by him to the bill, S. 2549, supra; as follows: REGIDOR. to the bill, S. 2549, supra; as follows: On page 415, between lines 2 and 3, insert (a) PAYMENT.—The Secretary of Veterans the following: Affairs shall pay a gratuity to each covered On page 415, between lines 2 and 3, insert the following: SEC. 1061. SECRECY POLICIES AND WORKER veteran, or to the surviving spouse of such HEALTH. covered veteran, in the amount of $20,000. SEC. 1061. SECRECY POLICIES AND WORKER (a) FINDINGS.—Congress makes the fol- HEALTH. lowing findings: CRAPO AMENDMENT NO. 3764 (a) FINDINGS.—Congress makes the fol- (1) Workers at some nuclear weapons pro- lowing findings: (Ordered to lie on the table.) (1) Workers at some nuclear weapons pro- duction facilities in the United States have Mr. CRAPO submitted an amendment been exposed to radioactive and other haz- duction facilities in the United States have ardous substances that could harm their intended to be proposed by him to the been exposed to radioactive and other haz- health. bill, S. 2549, supra; as follows: ardous substances that could harm their (2) Some workers at the nuclear weapons On page 603, between lines 18 and 19, insert health. facility at the Iowa Army Ammunition Plant the following: (2) Some workers at the nuclear weapons from 1947–1975 also worked for a United SEC. . CONCEPTUAL DESIGN FOR SUBSURFACE facility at the Iowa Army Ammunition Plant States Army plant at the same site and GEOSCIENCES LABORATORY AT from 1947–1975 also worked for a United under the same contractor. IDAHO NATIONAL ENGINEERING States Army plant at the same site and (3) The policy of the Department of De- AND ENVIRONMENTAL LABORA- under the same contractor. fense to neither confirm nor deny the pres- TORY, IDAHO FALLS, IDAHO. (3) The policy of the Department of De- ence of nuclear weapons at any site has pre- (a) AUTHORIZATION.—Of the amounts to be fense to neither confirm nor deny the pres- vented the Department from even acknowl- appropriated by paragraphs (2) and (3) of sec- ence of nuclear weapons at any site has pre- edging the reason for some worker exposures tion 3102(a), not more than $400,000 shall be vented the Department from even acknowl- to radioactive or other hazardous sub- available to the Secretary of Energy for pur- edging the reason for some worker exposures stances, and secrecy oaths have discouraged poses of carrying out a conceptual design for to radioactive or other hazardous sub- some workers from discussing possible expo- a Subsurface Geosciences Laboratory at stances, and secrecy oaths have discouraged sures with their health care providers and Idaho National Engineering and Environ- some workers from discussing possible expo- other appropriate officials. mental Laboratory, Idaho Falls, Idaho. sures with their health care providers and (4) The policy of the Department to neither (b) LIMITATION.—None of the funds author- other appropriate officials. confirm nor deny has been applied to sites ized to be appropriated by section (a) may be (4) The policy of the Department to neither where nuclear weapons are widely known to obligated until 60 days after the Secretary confirm nor deny has been applied to sites have been present, where the past presence submits the report required by section (c). where nuclear weapons are widely known to (c) REPORT.—The Secretary of Energy shall of nuclear weapons were last present more have been present, where the past presence submit to the congressional defense commit- than 25 years ago. of nuclear weapons has been publicly dis- tees a report on the proposed Subsurface (5) The Department has, in the past, varied cussed by other federal agencies, and where Geosciences Laboratory, including the fol- from its policy by publicly acknowledging the nuclear weapons were last present more lowing: that the United States had nuclear weapons than 25 years ago. (1) The need to conduct mesoscale experi- in Alaska, Cuba, Guam, Hawaii, Johnston Is- (5) The Department has, in the past, varied ments to meet long-term clean-up require- lands, Midway, Puerto Rico, the United from its policy by publicly acknowledging ments at Department of Energy sites. that the United States had nuclear weapons Kingdom, and West Germany, and has denied (2) The possibility of utilizing or modifying in Alaska, Cuba, Guam, Hawaii, Johnston Is- having weapons in Iceland. an existing structure or facility to house a lands, Midway, Puerto Rico, the United (6) It is critical to maintain national se- new mesoscale experimental capability. crets regarding nuclear weapons, but more (3) The estimated construction cost of the Kingdom, and West Germany, and has denied openness on nuclear weapons activities now facility. having weapons in Iceland. consigned to history is needed to protect the (4) The estimated annual operating cost of (6) It is critical to maintain national se- health of former workers and the public. the facility. crets regarding nuclear weapons, but more (b) REVIEW OF SECRECY POLICIES.—The Sec- (5) How the facility will utilize, integrate, openness on nuclear weapons activities now retary of Defense is directed to change De- and support the technical expertise, capabili- consigned to history is needed to protect the partment secrecy oaths and policies, within ties, and requirements at other Department health of former workers and the public. appropriate national security constraints, to of Energy and non-Department of Energy fa- (b) REVIEW OF SECRECY POLICIES.—The Sec- ensure that such policies do not prevent or cilities. retary of Defense is directed to change De- discourage current and former workers at (6) An analysis of costs, savings, and bene- partment secrecy oaths and policies, within nuclear weapons facilities who may have fits which are unique to the Idaho National appropriate national security constraints, to been exposed to radioactive and other haz- Engineering and Environmental Laboratory. ensure that such policies do not prevent or ardous substances from discussing those ex- discourage current and former workers at posures with their health care providers and SMITH OF NEW HAMPSHIRE nuclear weapons facilities who may have with other appropriate officials. The policies been exposed to radioactive and other haz- amended should include the policy to neither AMENDMENT NO. 3765 ardous substances from discussing those ex- confirm nor deny the presence of nuclear (Ordered to lie on the table.) posures with their health care providers and

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with other appropriate officials. The policies ‘‘(C) The military actions taken by the ‘‘(ii) TRANSITION.—Members serving on the amended should include the policy to neither Government of the People’s Republic of Commission shall continue to serve until confirm nor deny the presence of nuclear China during the preceding year that bear on such time as new members are appointed.’’. weapons as it is applied to former U.S. nu- the national security of the United States (4) TERMINOLOGY.— clear weapons facilities that no longer con- and the Asian allies of the United States. (A) Section 127(c)(6) of such Act (19 U.S.C. tain nuclear weapons or materials. ‘‘(D) The acquisition by the Government of 2213 note) is amended by striking ‘‘Chair- (c) NOTIFICATION OF POTENTIAL VICTIMS.— the People’s Republic of China and entities person’’ and inserting ‘‘Chairman’’. The Secretary of Defense is directed to no- controlled by the Government of advanced (B) Section 127(g) of such Act (19 U.S.C. tify people who are or were bound by Depart- military technologies through United States 2213 note) is amended by striking ‘‘Chair- ment secrecy oaths or policies, and who may trade and technology transfers. person’’ each place it appears and inserting have been exposed to radioactive or haz- ‘‘(E) Any transfers, other than those iden- ‘‘Chairman’’. ardous substances at nuclear weapons facili- tified under subparagraph (D), to the mili- (5) CHAIRMAN AND VICE CHAIRMAN.—Section ties, of any likely health risks and of how tary systems of the People’s Republic of 127(c)(7) of such Act (19 U.S.C. 2213 note) is they can discuss the exposures with their China made by United States firms and amended— health care providers and other appropriate United States-based multinational corpora- (A) by striking ‘‘Chairperson’’ and ‘‘vice officials without violating secrecy oaths or tions. chairperson’’ in the heading and inserting policies. ‘‘(F) The use of financial transactions, cap- ‘‘Chairman’’ and ‘‘vice chairman’’; ital flow, and currency manipulations that (B) by striking ‘‘chairperson’’ and ‘‘vice chairperson’’ in the text and inserting affect the national security interests of the BYRD (AND OTHERS) AMENDMENT ‘‘Chairman’’ and ‘‘Vice Chairman’’; and United States. NO. 3767 (C) by inserting ‘‘at the beginning of each ‘‘(G) Any action taken by the Government new Congress’’ before the end period. (Ordered to lie on the table.) of the People’s Republic of China in the con- (6) HEARINGS.—Section 127(f)(1) of such Act Mr. BYRD (for himself, Mr. WARNER, text of the World Trade Organization that is (19 U.S.C. 2213 note) is amended to read as Mr. LEVIN, Mr. HOLLINGS, Mr. HELMS, adverse to the United States national secu- follows: rity interests. Mr. BREAUX, Mr. HATCH, and Mr. CAMP- ‘‘(1) HEARINGS.— BELL) submitted an amendment in- ‘‘(H) Patterns of trade and investment be- ‘‘(A) IN GENERAL.—The Commission or, at tended to be proposed by them to the tween the People’s Republic of China and its its direction, any panel or member of the bill, S. 2549, supra; as follows: major trading partners, other than the Commission, may for the purpose of carrying United States, that appear to be sub- out the provisions of this Act, hold hearings, On page 415, between lines 2 and 3, insert stantively different from trade and invest- sit and act at times and places, take testi- the following: ment patterns with the United States and mony, receive evidence, and administer SEC. 1061. ANNUAL REPORT ON NATIONAL SECU- whether the differences constitute a security oaths to the extent that the Commission or RITY IMPLICATIONS OF UNITED problem for the United States. any panel or member considers advisable. STATES-CHINA TRADE RELATION- ‘‘(I) The extent to which the trade surplus SHIP. ‘‘(B) INFORMATION.—The Commission may of the People’s Republic of China with the secure directly from the Department of De- (a) IN GENERAL.—Section 127(k) of the United States is dedicated to enhancing the fense, the Central Intelligence Agency, and Trade Deficit Review Commission Act (19 military budget of the People’s Republic of any other Federal department or agency in- U.S.C. 2213 note) is amended to read as fol- China. formation that the Commission considers lows: ‘‘(J) The overall assessment of the state of necessary to enable the Commission to carry ‘‘(k) UNITED STATES-CHINA NATIONAL SECU- the security challenges presented by the out its responsibilities under this Act.’’. RITY IMPLICATIONS.— People’s Republic of China to the United ‘‘(C) SECURITY.—The Office of Senate Secu- ‘‘(1) IN GENERAL.—Upon submission of the States and whether the security challenges rity shall provide classified storage and report described in subsection (e), the Com- are increasing or decreasing from previous meeting and hearing spaces, when necessary, mission shall continue for the purpose of years. for the Commission. monitoring, investigating, and reporting to ‘‘(3) NATIONAL DEFENSE WAIVER.—The re- ‘‘(D) SECURITY CLEARANCES.—All members Congress on the national security implica- port described in paragraph (2) shall include of the Commission and appropriate staff tions of the bilateral trade and economic re- shall be sworn and hold appropriate security lationship between the United States and the recommendations for action by Congress or clearances.’’. People’s Republic of China. the President, or both, including specific rec- ommendations for the United States to in- (7) APPROPRIATIONS.—Section 127(i) of such ‘‘(2) ANNUAL REPORT.—Not later than Act (19 U.S.C. 2213 note) is amended to read March 1, 2001, and annually thereafter, the voke Article XXI (relating to security excep- as follows: Commission shall submit a report to Con- tions) of the General Agreement on Tariffs ‘‘(i) AUTHORIZATION.— gress, in both unclassified and classified and Trade Act of 1994 with respect to the People’s Republic of China, as a result of any ‘‘(1) IN GENERAL.—There are authorized to form, regarding the national security impli- be appropriated to the Commission for fiscal cations and impact of the bilateral trade and adverse impact on the national security in- terests of the United States.’’. year 2001, and each fiscal year thereafter, economic relationship between the United such sums as may be necessary to enable it States and the People’s Republic of China. (b) CONFORMING AMENDMENTS.— to carry out its functions. Appropriations to The report shall include a full analysis, (1) NAME OF COMMISSION.—Section 127(c)(1) the Commission are authorized to remain along with conclusions and recommenda- of the Trade Deficit Review Commission Act available until expended. tions for legislative and administrative ac- (19 U.S.C. 2213 note) is amended by striking ‘‘(2) FOREIGN TRAVEL FOR OFFICIAL PUR- tions, of the national security implications ‘‘Trade Deficit Review Commission’’ and in- POSES.—Foreign travel for official purposes for the United States of the trade and cur- serting ‘‘United States-China Security Re- by members and staff of the Commission rent balances with the People’s Republic of view Commission’’. may be authorized by either the Chairman or China in goods and services, financial trans- (2) QUALIFICATIONS OF MEMBERS.—Section the Vice Chairman.’’. actions, and technology transfers. The Com- 127(c)(3) of such Act (19 U.S.C. 2213 note) is (c) EFFECTIVE DATE.—The amendments mission shall also take into account patterns amended by adding at the end the following made by this section shall take effect on De- of trade and transfers through third coun- new subparagraph: cember 1, 2000. tries to the extent practicable. ‘‘(C) SPECIAL CONSIDERATIONS.—For the pe- ‘‘(3) CONTENTS OF REPORT.—The report de- riod beginning after December 1, 2000, consid- COLLINS AMENDMENT NO. 3768 scribed in paragraph (2) shall include, at a eration shall also be given to the appoint- minimum, a full discussion of the following: ment of persons with expertise and experi- (Ordered to lie on the table.) ‘‘(A) The portion of trade in goods and ence in national security matters and United Ms. COLLINS submitted an amend- services that the People’s Republic of China States-China relations.’’. ment intended to be proposed by her to dedicates to military systems or systems of (3) PERIOD OF APPOINTMENT.—Section the bill, S. 2549, supra; as follows: a dual nature that could be used for military 127(c)(3)(A) of such Act (19 U.S.C. 2213 note) On page 32, after line 24, add the following: purposes. is amended to read as follows: SEC. 142. AGLI/STRIKER WEAPONS FOR SPECIAL ‘‘(B) An analysis of the statements and ‘‘(A) IN GENERAL.— OPERATIONS FORCES. writing of the People’s Republic of China of- ‘‘(i) APPOINTMENT BEGINNING WITH 107th (a) INCREASE IN AUTHORIZATION FOR PRO- ficials and officially-sanctioned writings CONGRESS.—Beginning with the 107th Con- CUREMENT, DEFENSE-WIDE.—The amount au- that bear on the intentions of the Govern- gress and each new Congress thereafter, thorized to be appropriated by section 104 for ment of the People’s Republic of China re- members shall be appointed not later than 30 procurement, Defense-wide is hereby in- garding the pursuit of military competition days after the date on which Congress con- creased by $6,000,000. with, and leverage over, the United States venes. Members may be reappointed for addi- (b) AVAILABILITY OF AMOUNT.—Of the and the Asian allies of the United States. tional terms of service. amount authorized to be appropriated by

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 13402 CONGRESSIONAL RECORD—SENATE June 30, 2000 section 104, as increased by subsection (a), (L) Waste Isolation Pilot Plant; or facility through projects that meet the re- $6,000,000 shall be available for SOF Small (M) Y–12 facility at Oak Ridge National quirements of subsections (e) and (f). Arms & Weapons for procurement of low rate Laboratory; or (e) PROGRAM REQUIREMENTS.—Each project initial production units (LRIP units) of the (N) other similar organization of the De- funded under this section shall meet the fol- AGLI/STRIKER weapon in order to facilitate partment designated by the Secretary that lowing requirements: the early fielding of AGLI/STRIKER weapons engages in technology transfer, partnering, (1) MINIMUM PARTICIPANTS.—Each project to Special Operations Forces (SOF). or licensing activities; shall at a minimum include— (6) the term ‘‘nonprofit institution’’ has (A) a National Laboratory or facility; and BYRD AMENDMENT NO. 3769 the meaning given such term in section 4 of (B) one of the following entities— the Stevenson-Wydler Technology Innova- (i) a business, (Ordered to lie on the table.) tion Act of 1980 (15 U.S.C. 3703(5)); (ii) an institution of higher education, Mr. BYRD submitted an amendment (7) the term ‘‘Secretary’’ means the Sec- (iii) a nonprofit institution, or intended to be proposed by him to the retary of Energy; (iv) an agency of a state, local, or tribal bill, S. 2549, supra; as follows: (8) the term ‘‘small business concern’’ has government. the meaning given such term in section 3 of Strike section 910. (2) COST SHARING— the Small Business Act (15 U.S.C. 632); (A) MINIMUM AMOUNT.—Not less than 50 (9) the term ‘‘technology-related business percent of the costs of each project funded BINGAMAN (AND OTHERS) concern’’ means a for-profit corporation, under this section shall be provided from AMENDMENT NO. 3770 company, association, firm, partnership, or non-federal sources. small business concern that— (B) QUALIFIED FUNDING AND RESOURCES.— (Ordered to lie on the table.) (A) conducts scientific or engineering re- Mr. BINGAMAN (for himself, Mr. (i) The calculation of costs paid by the search, non-federal sources to a project shall include DOMENICI, Mrs. MURRAY, Mr. GORTON, (B) develops new technologies, cash, personnel, services, equipment, and Mr. THOMPSON, Mr. FRIST, and Mr. (C) manufactures products based on new other resources expended on the project. MURKOWSKI) submitted an amendment technologies, or (ii) Independent research and development intended to be proposed by them to the (D) performs technological services; expenses of government contractors that bill, S. 2549, supra; as follows: (10) the term ‘‘technology cluster’’ means a qualify for reimbursement under section 31– geographic concentration of— 205–18(e) of the Federal Acquisition Regula- At the appropriate place in Title XXXI, (A) technology-related business concerns; add the following subtitle: tions issued pursuant to section 25(c)(1) of (B) institutions of higher education; or the Office of Federal Procurement Policy Subtitle —National Laboratories (C) other nonprofit institutions Act (41 U.S.C. 421(c)(1)) may be credited to- Partnership Improvement Act that reinforce each other’s performance wards costs paid by non-federal sources to a SEC. 31 1. SHORT TITLE. though formal or informal relationships; project, if the expenses meet the other re- This subtitle may be cited as the ‘‘Na- (11) the term ‘‘socially and economically quirements of this section. tional Laboratories Partnership Improve- disadvantaged small business concerns’’ has (iii) No funds or other resources expended ment Act of 2000’’. the meaning given such term in section either before the start of a project under this SEC. 31 2. DEFINITIONS. 8(a)(4) of the Small Business Act (15 U.S.C. section or outside the project’s scope of work For purposes of this subtitle— 637(a)(4)); and shall be credited toward the costs paid by (1) the term ‘‘Department’’ means the De- (12) the term ‘‘NNSA’’ means the National the non-federal sources to the project. partment of Energy; Nuclear Security Administration established (3) COMPETITIVE SELECTION.—All projects (2) the term ‘‘departmental mission’’ by Title XXXII of National Defense Author- where a party other than the Department or means any of the functions vested in the ization Act for Fiscal Year 2000 (Public Law a National Laboratory or facility receives Secretary of Energy by the Department of 106–65). funding under this section shall, to the ex- Energy Organization Act (42 U.S.C. 7101 et SEC. 31 3. TECHNOLOGY INFRASTRUCTURE tent practicable, be competitively selected seq.) or other law; PILOT PROGRAM. by the National Laboratory or facility using (3) the term ‘‘institution of higher edu- (a) ESTABLISHMENT.—The Secretary, procedures determined to be appropriate by cation’’ has the meaning given such term in through the appropriate officials of the De- the Secretary or his designee. section 1201(a) of the Higher Education Act partment, shall establish a Technology In- (4) ACCOUNTING STANDARDS.—Any partici- of 1965 (20 U.S.C. 1141(a)); frastructure Pilot Program in accordance pant receiving funding under this section, (4) the term ‘‘National Laboratory’’ means with this section other than a National Laboratory or facility, any of the following institutions owned by (b) PURPOSE.—The purpose of the program may use generally accepted accounting prin- the Department of Energy— shall be to improve the ability of National ciples for maintaining accounts, books, and (A) Argonne National Laboratory; Laboratories or facilities to support depart- records relating to the project. (B) Brookhaven National Laboratory; mental missions by— (5) LIMITATIONS.—No federal funds shall be (C) Idaho National Engineering and Envi- (1) stimulating the development of tech- made available under this section for— ronmental Laboratory; nology clusters in the vicinity of National (A) construction; or (D) Lawrence Berkeley National Labora- Laboratories or facilities; (B) any project for more than five years. tory; (2) improving the ability of National Lab- (f) SELECTION CRITERIA.— (E) Lawrence Livermore National Labora- oratories or facilities to leverage and benefit (1) THRESHOLD FUNDING CRITERIA.—The Sec- tory; from commercial research, technology, prod- retary shall authorize the provision of fed- (F) Los Alamos National Laboratory; ucts, processes, and services; and eral funds for projects under this section (G) National Renewable Energy laboratory; (3) encouraging the exchange of scientific only when the Director of the National Lab- (H) Oak Ridge National Laboratory; and technological expertise between Na- oratory or facility managing such a project (I) Pacific Northwest National Laboratory; tional Laboratories or facilities and— determines that the project is likely to im- or (A) institutions of higher education, prove the participating National Laboratory (J) Sandia National Laboratory; (B) technology-related business concerns, or facility’s ability to achieve technical suc- (5) the term ‘‘facility’’ means any of the (C) nonprofit institutions, and cess in meeting departmental missions. following institutions owned by the Depart- (D) agencies of state, tribal, or local gov- (2) ADDITIONAL CRITERIA.—The Secretary ment of Energy— ernments— shall also require the Director of the Na- (A) Ames Laboratory; that are located in the vicinity of a National tional Laboratory or facility managing a (B) East Tennessee Technology Park; Laboratory or facility. project under this section to consider the fol- (C) Environmental Measurement Labora- (c) PILOT PROGRAM.—In each of the first lowing criteria in selecting a project to re- tory; three fiscal years after the date of enact- ceive federal funds— (D) Fermi National Accelerator Labora- ment of this section, the Secretary may pro- (A) the potential of the project to succeed, tory; vide up to $10,000,000, divided equally, among based on its technical merit, team members, (E) Kansas City Plant; no more than ten National Laboratories or management approach, resources, and (F) National Energy Technology Labora- facilities selected by the Secretary to con- project plan; tory; duct Technology Infrastructure Program (B) the potential of the project to promote (G) Nevada Test Site; Pilot Programs. the development of a commercially sustain- (H) Princeton Plasma Physics Laboratory; (d) PROJECTS.—The Secretary shall author- able technology cluster, one that will derive (I) Savannah River Technology Center; ize the Director of each National Laboratory most of the demand for its products or serv- (J) Stanford Linear Accelerator Center; or facility designated under subsection (c) to ices from the private sector, in the vicinity (K) Thomas Jefferson National Accelerator implement the Technology Infrastructure of the participating National Laboratory or Facility; Pilot Program at such National Laboratory facility;

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13403 (C) the potential of the project to promote (4) increase the awareness inside the Na- (2) the possible benefits from and need for the use of commercial research, technology, tional Laboratory or facility of the capabili- changes in— products, processes, and services by the par- ties and opportunities presented by small (A) the indemnification requirements for ticipating National Laboratory or facility to business concerns; and patents or other intellectual property li- achieve its departmental mission or the (5) establish guidelines for the program censed from a National Laboratory or facil- commercial development of technological in- under subsection (b) and report on the effec- ity; novations made at the participating Na- tiveness of such program to the Director of (B) the royalty and fee schedules and types tional Laboratory or facility; the National Laboratory or facility. of compensation that may be used for pat- (D) the commitment shown by non-federal (b) ESTABLISHMENT OF SMALL BUSINESS AS- ents or other intellectual property licensed organizations to the project, based primarily SISTANCE PROGRAM.—The Secretary shall di- to a small business concern from a National on the nature and amount of the financial rect the Director of each National Labora- Laboratory or facility; and other resources they will risk on the tory, and may direct the Director of each fa- (C) the licensing procedures and require- project; cility the Secretary determines to be appro- ments for patents and other intellectual (E) the extent to which the project in- priate, to establish a program to provide property, including allowing a preference for volves a wide variety and number of institu- small business concerns— a small business concern started by a former tions of higher education, nonprofit institu- (1) assistance directed at making them employee of a National Laboratory or facil- tions, and technology-related business con- more effective and efficient subcontractors ity who invented the patented technology or cerns located in the vicinity of the partici- or suppliers to the National Laboratory or other intellectual property; pating National Laboratory or facility that facility; or (D) the rights given to a small business will make substantive contributions to (2) general technical assistance, the cost of concern that has licensed a patent or other achieving the goals of the project; which shall not exceed $10,000 per instance of intellectual property from a National Lab- (F) the extent of participation in the assistance, to improve the small business oratory or facility to bring suit against third project by agencies of state, tribal, or local concern’s products or services. parties infringing such intellectual property; governments that will make substantive (c) USE OF FUNDS.—None of the funds ex- (E) the advance funding requirements for a contributions to achieving the goals of the pended under subsection (b) may be used for small business concern funding a project at a project; direct grants to the small business concerns. National Laboratory or facility through a (G) the extent to which the project focuses Funds-In-Agreement; on promoting the development of tech- SEC. 31 5. TECHNOLOGY PARTNERSHIPS OM- BUDSMAN. (F) the intellectual property rights allo- nology-related business concerns that are (a) APPOINTMENT OF OMBUDSMAN.—The Sec- cated to a business when it is funding a small business concerns located in the vicin- retary shall direct the Director of each Na- project at a National Laboratory or facility ity of the National Laboratory or facility or tional Laboratory, and may direct the Direc- through a Funds-In-Agreement; and involves such small business concerns sub- tor of each facility the Secretary determines (G) policies on royalty payments to inven- stantively in the project. to be appropriate, to appoint a technology tors employed by a contractor-operated Na- (3) SAVINGS CLAUSE.—Nothing in this sub- tional Laboratory or facility, including section shall limit the Secretary from re- partnership ombudsman to hear and help re- solve complaints from outside organizations those for inventions made under a Funds-In- quiring the consideration of other criteria, Agreement. as appropriate, in determining whether regarding each laboratory’s policies and ac- tions with respect to technology partner- (b) DEFINITION.—For the purposes of this projects should be funded under this section. section, the term ‘‘Funds-In-Agreement’’ (g) REPORT TO CONGRESS ON FULL IMPLE- ships (including cooperative research and de- means a contract between the Department MENTATION.—Not later than 120 days after velopment agreement), patents, and tech- and a non-federal organization where that the start of the third fiscal year after the nology licensing. Each ombudsman shall— organization pays the Department to provide date of enactment of this section, the Sec- (1) be a senior official of the National Lab- a service or material not otherwise available retary shall report to Congress on whether oratory or facility who is not involved in in the domestic private sector. the Technology Infrastructure Program day-to-day technology partnerships, patents, (c) REPORT TO CONGRESS.—Not later than should be continued beyond the pilot stage, or technology licensing, or, if appointed one month after receiving the report under and, if so how the fully implemented pro- from outside the laboratory, function as subsection (a), the Secretary shall transmit gram should be managed. This report shall such a senior official; and the report, along with his recommendations take into consideration the results of the (2) have direct access to the Director of the for action and proposals for legislation to pilot program to date and the views of the National Laboratory or facility. implement the recommendations, to Con- relevant Directors of the National labora- (b) DUTIES.—Each ombudsman shall— gress. tories and facilities. The report shall include (1) serve as the focal point for assisting the any proposals for legislation considered nec- public and industry in resolving complaints SEC. 31 7. OTHER TRANSACTIONS AUTHORITY. essary by the Secretary to fully implement and disputes with the laboratory regarding (a) NEW AUTHORITY.—Section 646 of the De- the program. technology partnerships, patents, and tech- partment of Energy Organization Act (42 SEC. 31 4. SMALL BUSINESS ADVOCACY AND AS- nology licensing; U.S.C. 7256) is amended by adding at the end SISTANCE. (2) promote the use of collaborative alter- the following new subsection: (a) ADVOCACY FUNCTION.—The Secretary native dispute resolution techniques such as ‘‘(g) OTHER TRANSACTIONS AUTHORITY.—(1) shall direct the Director of each National mediation to facilitate the speedy and low- In addition to other authorities granted to Laboratory, and may direct the Director of cost resolution of complaints and disputes, the Secretary to enter into procurement con- each facility the Secretary determines to be when appropriate; and tracts, leases, cooperative agreements, appropriate, to establish a small business ad- (3) report, through the Director of the Na- grants, and other similar arrangements, the vocacy function that is organizationally tional Laboratory or facility, to the Depart- Secretary may enter into other transactions independent of the procurement function at ment annually on the number and nature of with public agencies, private organizations, the National Laboratory or facility. The per- complaints and disputes raised, along with or persons on such terms as the Secretary son or office vested with the small business the ombudsman’s assessment of their resolu- may deem appropriate in furtherance of advocacy function shall— tion, consistent with the protection of con- basic, applied, and advanced research func- (1) work to increase the participation of fidential and sensitive information. tions now or hereafter vested in the Sec- small business concerns, including socially (c) DUAL APPOINTMENT.—A person vested retary. Such other transactions shall not be and economically disadvantaged small busi- with the small business advocacy function of subject to the provisions of section 9 of the ness concerns, in procurements, collabo- section 31 4 may also serve as the tech- Federal Nonnuclear Energy Research and rative research, technology licensing, and nology partnership ombudsman. Development Act of 1974 (42 U.S.C. 5908). technology transfer activities conducted by SEC. 31 6. STUDIES RELATED TO IMPROVING ‘‘(2)(A) The Secretary of Energy shall en- the National Laboratory or facility; MISSION EFFECTIVENESS, PARTNER- sure that— (2) report to the Director of the National SHIPS, AND TECHNOLOGY TRANS- ‘‘(i) to the maximum extent practicable, no Laboratory or facility on the actual partici- FER AT NATIONAL LABORATORIES. transaction entered into under paragraph (1) pation of small business concerns in procure- (a) STUDIES.—The Secretary shall direct provides for research that duplicates re- ments and collaborative research along with the Laboratory Operations Board to study search being conducted under existing pro- recommendations, if appropriate, on how to and report to him, not later than one year grams carried out by the Department of En- improve participation; after the date of enactment of this section, ergy; and (3) make available to small business con- on the following topics: ‘‘(ii) to the extent that the Secretary de- cerns training, mentoring, and clear, up-to- (1) the possible benefits from and need for termines practicable, the funds provided by date information on how to participate in policies and procedures to facilitate the the Government under a transaction author- the procurements and collaborative re- transfer of scientific, technical, and profes- ized by paragraph (1) do not exceed the total search, including how to submit effective sional personnel among National Labora- amount provided by other parties to the proposals; tories and facilities; and; transaction.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 13404 CONGRESSIONAL RECORD—SENATE June 30, 2000 ‘‘(B) A transaction authorized by para- AUTHORITY FOR COMMITTEES TO (1) HABITAT AREA OF PARTICULAR CON- graph (1) may be used for a research project MEET CERN.—After paragraph (18), insert the fol- when the use of a standard contract, grant, lowing: or cooperative agreement for such project is PERMANENT SUBCOMMITTEE ON INVESTIGATIONS ‘‘() The term ‘habitat area of particular not feasible or appropriate. Mr. LOTT. Mr. President, I ask unan- concern’ means those waters and submerged ‘‘(3)(A) The Secretary shall not disclose imous consent that the Permanent substrate that form a discrete vulnerable any trade secret or commercial or financial Subcommittee on Investigations be au- subunit of essential fish habitat that is re- information submitted by a non-federal enti- thorized to meet during the session of quired for a stock to sustain itself and which ty under paragraph (1) that is privileged and the Senate on Friday, June 30, 2000, 9:30 is designated through a specified set of na- confidential. tional criteria which includes, at a min- ‘‘(B) The Secretary shall not disclose, for a.m., for a hearing entitled ‘‘HUD’s imum, a requirement that designation be five years after the date the information is Government Insured Mortgages: The based on the best scientific information received, any other information submitted Problem of Property ‘Flipping.’ ’’ available regarding habitat-specific density by a non-federal entity under paragraph (1), The PRESIDING OFFICER. Without of that fish stock, growth, reproduction, and including any proposal, proposal abstract, objection, it is so ordered. survival rates of that stock within the des- document supporting a proposal, business ignated area.’’. f plan, or technical information that is privi- (2) MAXIMUM SUSTAINABLE YIELD.—After leged and confidential. S. 2832—REAUTHORIZING THE MAG- paragraph (23), insert the following: ‘‘(C) The Secretary may protect from dis- NUSON-STEVENS FISHERY CON- ‘‘() The term ‘maximum sustainable yield’ closure, for up to five years, any information SERVATION AND MANAGEMENT means the largest long-term average catch developed pursuant to a transaction under ACT or yield in terms of weight of fish caught for paragraph (1) that would be protected from commercial and recreational purposes that disclosure under section 552(b)(4) of title 5, On June 29, 2000, Ms. SNOWE intro- can be continuously taken from a stock United States Code, if obtained from a per- duced S. 2832. The text of the bill fol- under existing environmental conditions, son other than a federal agency.’’. lows: and which is adjusted as environmental con- (b) IMPLEMENTATION.—Not later than six S. 2832 ditions change.’’. months after the date of enactment of this (b) NUMERATION AND REDESIGNATION.—Sec- section, the Department shall establish Be it enacted by the Senate and House of Rep- tion 3 (16 U.S.C. 1802), as amended by sub- guidelines for the use of other transactions. resentatives of the United States of America in section (a), is amended— Other transactions shall be made available, Congress assembled, (1) by moving paragraph (35) to follow if needed, in order to implement projects SECTION 1. SHORT TITLE. paragraph (36); and funded under section 31 3. This Act may be cited as the ‘‘Magnuson- (2) by renumbering all paragraphs in nu- SEC. 31 8. CONFORMANCE WITH NNSA ORGANI- Stevens Reauthorization Act of 2000’’. merical order from (1) through (47). ZATIONAL STRUCTURE. TITLE I—REAUTHORIZATION AND (c) REFERENCES IN OTHER LAW.—Whenever All actions taken by the Secretary in car- REVISION any other provision of law refers to a term rying out this subtitle with respect to Na- defined in section 3 of the Magnuson-Stevens SEC. 101. AMENDMENT OF THE MAGNUSON-STE- tional Laboratories and facilities that are VENS FISHERY CONSERVATION AND Fishery Conservation and Management Act part of the NNSA shall be through the Ad- MANAGEMENT ACT. (16 U.S.C. 1802) by its paragraph number and ministrator for Nuclear Security in accord- Except as otherwise expressly provided, that paragraph was renumbered by sub- ance with the requirements of Title XXXII of whenever in this Act an amendment or re- section (b) of this section, the reference shall National Defense Authorization Act for Fis- peal is expressed in terms of an amendment be considered to be a reference to the para- cal Year 2000. to, or repeal of, a section or other provision, graph number given that paragraph under SEC. 31 9. ARCTIC ENERGY. the reference shall be considered to be made subsection (b) or subsequent amendment of (a) ESTABLISHMENT.—There is hereby es- to a section or other provision of the Magnu- that Act. tablished within the Department of Energy son-Stevens Fishery Conservation and Man- SEC. 105. ADVISORY COMMITTEE REFORM AND an Office of Arctic Energy. The Director of agement Act (16 U.S.C. 1801 et seq.). PEER REVIEW. EFORM the Office shall report to the Secretary of SEC. 102. AUTHORIZATION OF APPROPRIATIONS. (a) R .—Section 302(g) (16 U.S.C. 1852(g)) is amended— Energy. Section 4 (16 U.S.C. 1803) is amended by (1) by adding at the end of paragraph (3) (b) PURPOSE.—The purposes of the Office of striking paragraphs (1) through (4) and in- the following: Arctic Energy are— serting the following: ‘‘(C) For each committee established under (1) to promote research, development and ‘‘(1) $400,000,000 for fiscal year 2000; subparagraph (A), each Council shall estab- deployment of electric power technology ‘‘(2) $415,000,000 for fiscal year 2001; lish standard operating procedures relating that is cost-effective and especially well ‘‘(3) $430,000,000 for fiscal year 2002; to time, place, and frequency of meetings, a suited to meet the needs of rural and remote ‘‘(4) $445,000,000 for fiscal year 2003; description of the type and format of infor- regions of the United States, especially ‘‘(5) $460,000,000 for fiscal year 2004; and mation to be provided under subparagraph where permafrost is present or located near- ‘‘(6) $475,000,000 for fiscal year 2005.’’. by; and (A), a description of how recommendations (2) to promote research, development and SEC. 103. POLICY. under subparagraph (A) will be used, and deployment in such regions of— Section 2(c) (16 U.S.C. 1081(c)) is amended— other relevant factors.’’; (A) enhanced oil recovery technology, in- (1) by striking ‘‘and’’ after the semicolon (2) by redesignating paragraph (5) as para- cluding heavy oil recovery, reinjection of in paragraph (6); graph (6); and carbon and extended reach drilling tech- (2) by striking ‘‘States.’’ in paragraph (7) (3) by inserting after paragraph (4) the fol- nologies; and inserting ‘‘States; and; and lowing: (B) gas-to-liquids technology and liquefied (3) by adding at the end thereof the fol- ‘‘(5) Each Council shall establish standard natural gas (including associated transpor- lowing: operating procedures relating to the relevant tation systems); ‘‘(8) to use the best scientific information scientific review committee or committees (C) small hydroelectric facilities, river tur- available when making fisheries manage- that are responsible for conducting peer re- bines and tidal power; ment and conservation decisions, meaning views of all stock assessments and economic (D) natural gas hydrates, coal bed meth- information that is collected and analyzed and social analyses prepared for fisheries ane, and shallow bed natural gas; and by a process that, to the extent practicable— under the Council’s jurisdiction. Committees (E) alternative energy, including wind, ‘‘(A) is directly related to the specific issue under this paragraph shall consist of mem- geothermal, and fuel cells. under consideration; bers from the committee established under (c) LOCATION.—The Secretary shall locate ‘‘(B) is based on a statistically sufficient paragraph (1) of this subsection and, to the the Office of Arctic Energy at a university sample such that any conclusions drawn are extent practicable, independent scientists with special expertise and unique experience reasonably supported; qualified to peer review such assessments in the matters specified in paragraphs 1 and ‘‘(C) has been independently peer-reviewed; and analyses.’’. 2 of subsection b. ‘‘(D) has been collected within a time (b) PEER REVIEW.—Section 302(h) (16 U.S.C. (d) AUTHORIZATION OF APPROPRIATIONS.— frame that is reasonably related to the spe- 1852(h)) is amended— There are authorized to be appropriated to cific issue under consideration; and (1) by striking ‘‘and’’ at the end of para- carry out activities under this section— ‘‘(E) incorporates a broad base of available graph (5); (1) $1,000,000 for the first fiscal year after sources.’’. (2) by redesignating paragraph (6) as para- the date of enactment of this section; and SEC. 104. DEFINITIONS; NEW TERMS. graph (7); and (2) such sums as may be necessary for each (a) NEW TERMS.—Section 3 (16 U.S.C. 1802) (3) by inserting after paragraph (5) the fol- fiscal year thereafter. is amended as follows: lowing:

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13405 ‘‘(6) to the extent practicable conduct a States participates recommend otherwise.’’; ‘‘(B) the actual cost of inputting collected peer review of any stock assessments and and data; and economic and social analyses prepared for a (7) by striking ‘‘United States.’’ in para- ‘‘(C) less any amount received for such pur- fishery under its jurisdiction, utilizing the graph (4)(C) and inserting the following: pose from another source, including Federal procedures established under subsection ‘‘United States, and provide fair and equi- funds.’’. (g)(5); and’’. table sharing of the management and con- (b) PLAN REQUIREMENT.—Section 303(a) (16 SEC. 106. OVERFISHING AND REBUILDING. servation requirements among all con- U.S.C. 1853(a)) is amended— (a) REBUILDING OVERFISHED FISHERIES.— tracting harvesters under such an agree- (1) by striking ‘‘and’’ at the end of para- Section 304(e) (16 U.S.C. 1854(e)) is amended— ment.’’. graph (13); (1) by striking ‘‘(1) The Secretary’’ in para- (b) ATLANTIC HIGHLY MIGRATORY SPECIES.— (2) by striking ‘‘fishery.’’ in paragraph (14) graph (1) and inserting ‘‘(1)(A) The Sec- Section 304(g)(1) (16 U.S.C. 1854(g)(1)) is and inserting‘‘fishery; and’’; and retary’’; amended— (3) by adding at the end thereof the fol- (2) by inserting after ‘‘overfished.’’ the fol- (1) by redesignating subparagraphs (A) lowing: lowing: through (G) as subparagraphs (B) through ‘‘(15) to the extent that observers are de- ‘‘The Secretary shall also identify which (H), respectively; ployed on board United States fishing vessels fisheries are managed under a fishery man- (2) by inserting before subparagraph (B), as or in United States fish processing plants agement plan or international agreement, so redesignated, the following: under the provisions of a fishery manage- and the estimated percentage of the total ‘‘(A) consult with the commissioners ap- ment plan or regulations implementing a volume of all species in United States waters pointed under section 971a of the Atlantic fishery management plan, comply with the that are manged under a fishery manage- Tunas Convention Act (16 U.S.C. 971) during goals and objectives required under sub- ment plan or international agreement.’’ the preparation of plans, plan amendments, section (e).’’. (3) by striking the last sentence of para- and regulations that implement rec- graph (1) and inserting the following: ‘‘A ommendations of the International Commis- SEC. 108. CUMULATIVE IMPACTS. fishery shall be classified as approaching a sion for the Conservation of Atlantic Tunas (a) NATIONAL STANDARDS.—Section 301(a)(8) condition of being overfished if, based on the to ensure that the implementation of such (16 U.S.C. 1851(a)(8)) is amended to read as best scientific information available trends plans, plan amendments, and regulations is follows: in fishing effort and fishery resource size and consistent with such recommendations.’’; ‘‘(8) Conservation and management meas- other appropriate factors, the Secretary esti- (3) by striking ‘‘commissioners and’’ in ures shall, consistent with the conservation mates that the fishery will become over- subparagraph (B), as so redesignated; requirements of this Act, take into account fished within 2 years.’’; (4) by redesignating clauses (iii) and (iv) in the importance of fishery resources to fish- (4) by adding at the end of paragraph (1) subparagraph (H), as so redesignated, as ing communities, and the individual and cu- the following: clauses (v) and (vi), respectively, and insert- mulative economic and social impact of fish- ‘‘(B) If the Secretary determines that in- ing after clause (ii) the following: ery conservation and management measures sufficient information is available on which ‘‘(iii) do not have the effect of increasing on such communities, in order to— to conclude that a fishery is approaching a or decreasing any allocation or quota of fish ‘‘(A) provide for the sustained participa- condition of being overfished, the Secretary or fishing mortality level to the United tion of such communities; and shall immediately notify the appropriate States agreed to pursuant to a recommenda- ‘‘(B) to the extent practicable, minimize Council and within six months of such notifi- tion of the International Commission for the adverse social and economic impacts on such cation implement a research program, in- Conservation of Atlantic Tunas; communities.’’. ‘‘(iv) require comparable permitting, re- cluding cooperative research, designed to (b) CONTENTS OF PLANS.—Section 303(a)(9) provide the information needed to determine porting, monitoring, and enforcement for all (16 U.S.C. 1853(a)(9)) is amended by striking whether or not the fishery is approaching a commercial and recreational fisheries;’’; and ‘‘describe the likely effects, if any, of the condition of being overfished.’’; (5) by striking ‘‘species;’’ in subparagraph conservation and management measures (5) by striking paragraph (2) and inserting (G), as redesignated, and inserting ‘‘species on—’’ and inserting ‘‘describe in detail the the following: and maintain the conservation leadership likely effects, including the individual and ‘‘(2)(A) If the Secretary determines at any role of the United States through such meas- cumulative economic and social impacts, of time that a fishery is overfished, the Sec- ures;’’. the conservation and management measures retary shall immediately notify the appro- SEC. 107. OBSERVERS. on—’’. priate Council and request that action be (a) IN GENERAL.—Section 303 (16 U.S.C. taken to end overfishing and to implement 1853) is amended by adding at the end thereof SEC. 109. ESSENTIAL FISH HABITAT. conservation and management measures to the following: (a) FISHERY MANAGEMENT PLANS.—Section rebuild the stock of fish. ‘‘(e) OBSERVER PROGRAMS.— 303(a)(7) (16 U.S.C. 1853(a)(7)) is amended to ‘‘(B) If a fishery harvests more than one ‘‘(1) When establishing any new program read as follows: stock of fish, the fishery shall be managed as under this Act which utilizes observers de- ‘‘(7) describe and identify essential fish a unit and considered as a unit for purposes ployed on United States fishing vessels or in habitat and habitat areas of particular con- of this Act, and the conservation and man- United States fish processing plants for pur- cern for the fishery based on the guidelines agement targets of this Act do not require poses of monitoring the harvesting of fish established by the Secretary under section that the fishery be managed on a stock-by- and collecting scientific information, the 305(b)(1)(A), and minimize to the extent prac- stock basis. Council with jurisdiction over the fishery (or ticable adverse effects on habitat areas of ‘‘(C) The Secretary shall publish each no- in the case of a highly migratory species particular concern caused by fishing and tice under this paragraph in the Federal Reg- fishery, the Secretary) in which the observ- identify other actions to encourage the con- ister.’’; ers will be deployed shall establish a set of servation and enhancement of such habi- (6) striking clauses (i) and (ii) of paragraph goals and objectives, an implementation tat.’’. (4) and inserting the following: schedule for the program, and a statistically (b) FISH HABITAT REQUIREMENT.—Section ‘‘(i) be as short as possible, taking into ac- reliable method for achieving the goals and 305(b)(1) (16 U.S.C. 1855) is amended by insert- count the status and biology of any over- objectives. ing ‘‘and habitat areas of particular con- fished stocks of fish, the need to minimize ‘‘(2) The goals and objectives required cern’’ following ‘‘essential fish habitat’’ each adverse social and economic impacts, includ- under paragraph (1) shall take into account— time it appears in subparagraphs (A) and (B). ing the cumulative impact of conservation ‘‘(A) equity among the various harvesting and management measures on fishing com- and processing sectors in the fishery; SEC. 110. REGIONAL FISHERY MANAGEMENT munities, oceanographic and other environ- ‘‘(B) fair and equitable sharing of the costs COUNCILS. mental conditions that affect the stocks of of the program among participants in the Section 302 (16 U.S.C. 1852) is amended— fish, the interaction of the overfished stock fishery; and (1) by inserting ‘‘and of the common- of fish within the marine ecosystem, and be ‘‘(C) that those fishing vessels and proc- wealths, territories, and possessions of the consistent with conservation and manage- essing plants where observers are deployed United States in the Caribbean Sea’’ in sub- ment measures adopted by an international are not put at a disadvantage with respect to section (a)(1)(D) after ‘‘States’’; organization in which the United States par- other harvesters or processors in that fishery (2) by inserting ‘‘or disseminated by any ticipates; and or in other fisheries. other means that will result in wide pub- ‘‘(ii) not exceed 10 years, except in cases ‘‘(3) Any system of fees established under licity’’ in subsection (i)(2)(C) after ‘‘fish- where the biology of the stock of fish, or this section shall provide that the total ery)’’; and other environmental conditions dictate oth- amount of fees collected under this section (3) by inserting ‘‘or notify the public erwise, or in cases where conservation and not exceed the combined cost of— through any other means that will result in management measures adopted by an inter- ‘‘(A) stationing observers on board fishing wide publicity’’ in subsection (i)(3)(B) after national organization in which the United vessels and United States fish processors; ‘‘ports)’’.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 13406 CONGRESSIONAL RECORD—SENATE June 30, 2000 SEC. 111. CONTENTS OF FISHERY MANAGEMENT Act, and that would disclose proprietary or the extent applicable to the regulated activi- PLANS. confidential commercial or financial infor- ties; and Section 303(b)(7) (16 U.S.C. 1853(b)(7)) is mation regarding fishing operations or fish ‘‘(2) may include specifications for joint amended by striking ‘‘(other than economic processing operations, shall be kept con- management responsibilities as provided by data)’’. fidential and not disclosed for a period of 20 the first section of Public Law 91-412 (15 SEC. 112. ACTION BY THE SECRETARY. years following the year of submission to the U.S.C. 1525). Section 304 (16 U.S.C. 1854) is amended— Secretary,’’; and ‘‘(c) AUTHORIZATION AND ALLOCATION OF (1) by inserting ‘‘and any proposed imple- (3) by striking ‘‘under this Act,’’ in sub- FUNDS.—There are authorized to be appro- menting regulations prepared under section section (b)(2) and inserting ‘‘under this Act, priated to the Secretary for the purposes of 303(c)(1),’’ in subsection (a)(1) after ‘‘plan and that would disclose proprietary or con- carrying out this section $10,000,000 in each amendment,’’; fidential commercial or financial informa- of fiscal years 2001 through 2005. The Sec- (2) by redesignating subparagraphs (A) and tion regarding fishing operations or fish retary shall include in each cooperative en- (B) of subsection (a)(1) as subparagraphs (B) processing operations,’’. forcement agreement an allocation of funds to assist in management of the agreement. and (C), respectively; SEC. 114. COOPERATIVE RESEARCH AND MAN- (3) by inserting before subparagraph (B), as AGEMENT. The allocation shall be equitably distributed so redesignated, of subsection (a)(1) the fol- The Act is amended by adding at the end among all States participating in coopera- lowing: thereof the following: tive enforcement agreements under this sub- section, based upon consideration of the spe- ‘‘(A) immediately make a preliminary ‘‘TITLE V—COOPERATIVE RESEARCH AND evaluation of the management plan or cific marine conservation enforcement needs MANAGEMENT of each participating State. Such agreement amendment for purposes of deciding if it is ‘‘SEC. 501. ESTABLISHMENT OF PROGRAM. consistent with the national standards and may provide for amounts to be withheld by ‘‘(a) IN GENERAL.—The Secretary shall es- the Secretary for the cost of any technical or sufficient in scope and substance to warrant tablish a national cooperative research and other assistance provided to the State by the review under this subsection, and management program to be administered by Secretary under the agreement.’’. ‘‘(i) if that decision is affirmative, imple- the National Marine Fisheries Service, based ment subparagraphs (B) and (C) with respect SEC. 117. STATEMENT OF POLICY REGARDING on recommendations by the Councils. The DELEGATION. to the plan or amendment; or program shall consist of cooperative re- Section 2(c) (16 U.S.C. 1801(c)) is amended— ‘‘(ii) if that decision is negative, dis- search and management activities between (1) by striking ‘‘and’’ after the semicolon approve the plan or amendment and notify fishing industry participants, the affected in paragraph (6); the Council, in writing, of the disapproval States, and the Service. (2) by striking ‘‘States.’’ in paragraph (7) and of those matters specified in paragraph ‘‘(b) RESEARCH AWARDS.—Each research and inserting ‘‘States; and’’; and (3)(A), (B), and (C) as they relate to the plan project under this program shall be awarded (3) by adding at the end thereof the fol- or amendment;’’; on a standard competitive basis established lowing: (4) striking subparagraph (C), as so redesig- by the Service, in consultation with the ‘‘(8) to ensure that, notwithstanding any nated, of subsection (a)(1) and inserting the Councils. Each Council shall establish a re- other provision of law, the Secretary has ex- following: search steering committee to carry out this clusive authority in the Federal Government ‘‘(C) by the 15th day following transmittal subsection. for managing fishery resources (as defined in of the plan and proposed implementing regu- ‘‘(c) GUIDELINES.—The Secretary, in con- this Act), but the Secretary may delegate lations, publish in the Federal Register— sultation with the appropriate Council and such authority to any other Federal offi- ‘‘(i) a notice stating that the plan or the fishing industry, shall create guidelines cial.’’. amendment is available and that written so that participants in this program are not SEC. 118. SCIENTIFIC AND STATISTICAL COMMIT- data, views, or comments of interested per- penalized for loss of catch history or unex- TEES REPORT ON ECOSYSTEM RE- sons on the plan or amendment may be sub- pended days-at-sea as part of a limited entry SEARCH PRIORITIES; PILOT PRO- mitted to the Secretary during the 50-day pe- system.’’. GRAM FOR FISHERY ECOSYSTEM PLANS. riod beginning on the date the notice is pub- ‘‘SEC. 502. AUTHORIZATION OF APPROPRIATIONS. lished; and ‘‘There are authorized to be appropriated Section 406 (16 U.S.C. 1882) is amended by adding at the end thereof the following: ‘‘(ii) any proposed implementing regula- to the National Marine Fisheries Service, in ‘‘(f) RESEARCH.— tions that are consistent with the fishery addition to amounts otherwise authorized by management plan or amendment, this Act, ‘‘(1) REPORT REQUIRED.—Within 12 months this Act, the following amounts, to remain after the date of enactment of the Magnu- and other applicable law, for a comment pe- available until expended, for the conduct of riod of 50 days (incorporating any technical son-Stevens Reauthorization Act of 2000 the this program: Scientific and Statistical Committees of changes to the Council’s proposed regula- ‘‘(1) $15,000,000 for fiscal year 2001. tions the Secretary believes to be necessary each regional fishery management council ‘‘(2) $20,000,000 for fiscal year 2002. shall identify and submit a report to the Sec- for clarity, together with an explanation of ‘‘(3) $25,000,000 for fiscal year 2003. retary outlining prioritized information or those changes).’’; ‘‘(4) $30,000,000 for fiscal year 2004. research needs to support ecosystem based (5) by striking ‘‘section 303(c),’’ in sub- ‘‘(5) $35,000,000 for fiscal year 2005.’’. management of the fisheries within its juris- section (b)(1) and inserting ‘‘section SEC. 115. INDIVIDUAL FISHING QUOTAS. diction. In determining what factors to con- 303(c)(2),’’; Section 303(d)(1)(A) is amended by striking sider, the Committees may consider the rec- (6) by striking ‘‘if that determination is af- ‘‘before October 1, 2000,’’ and inserting ‘‘be- ommendations outlined in the report under firmative, the Secretary shall’’ in subsection fore October 1, 2003,’’. section (d). (b)(1)(A) and inserting ‘‘if the Secretary de- SEC. 116. COOPERATIVE ENFORCEMENT AGREE- ‘‘(2) ASSISTANCE.—The Secretary shall pro- termines that the regulations are consistent, MENTS. vide assistance to the regional councils to the Secretary shall, within 15 days of trans- Titile III is amended by adding at the end obtain the prioritized information and con- mittal,’’; thereof the following: duct research identified in the reports under (7) by striking ‘‘if that determination is ‘‘SEC. 315. COOPERATIVE ENFORCEMENT USES. paragraph (1). These efforts shall not dis- negative, the Secretary shall’’ in subsection ‘‘(a) IN GENERAL.—The Governor of a State place existing research efforts and priorities (b)(1)(B) and inserting ‘‘if the Secretary de- represented on an Interstate Fisheries Com- identified by the regional councils or the termines that the regulations are not con- mission may apply to the Secretary for exe- Secretary. sistent, the Secretary shall, within 15 days of cution of a cooperative enforcement agree- ‘‘(g) PILOT PROGRAM.— transmittal,’’; and ment with the Secretary that will authorize ‘‘(1) IN GENERAL.—Within 18 months after (8) by striking ‘‘paragraph (1)(A).’’ in sub- the deputization of State law enforcement the date of enactment of the Magnuson-Ste- section (b)(3) and inserting ‘‘paragraph officers with marine law enforcement re- vens Reauthorization Act of 2000, the Sec- (1)(A), and within 45 days after the end of the sponsibilities to perform duties of the Sec- retary, in consultation with the 8 regional comment period under subsection (a)(1)(C).’’. retary relating to law enforcement provi- fishery management council Chairs and af- SEC. 113. INFORMATION COLLECTION. sions under this Act or any other marine re- fected stakeholders, shall identify at least Section 402 (16 U.S.C. 1881a) is amended— source laws enforced by the Secretary. Upon one fishery or complex of interacting fish- (1) by striking ‘‘(other than information receiving an application meeting the re- eries suitable for the development of a pilot that would disclose proprietary or confiden- quirements of this section, the Secretary Fishery Ecosystem Plan. The Secretary shall tial commercial or financial information re- shall enter into the cooperative enforcement consider the reports submitted under sub- garding fishing operations or fish processing agreement with the requesting State. section (f) when selecting the pilot program. operations)’’ each place it appears in sub- ‘‘(b) REQUIREMENTS.—Cooperative enforce- ‘‘(2) COORDINATION WITH APPROPRIATE COUN- section (a); ment agreements executed under subsection CIL.—After identifying the pilot Fishery Eco- (2) by striking ‘‘under this Act shall be (a)— system Plan, the Secretary shall coordinate confidential and shall not be disclosed,’’ in ‘‘(1) shall be consistent with the purposes with the appropriate regional fishery man- subsection (b)(1) and inserting ‘‘under this and intent of section 311(a) of this Act, to agement council to identify any information

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13407 or conduct any research that may be needed SEC. 203. INTERNATIONAL NEGOTIATIONS. subsection (a), and certify to the Congress to complete such a plan including a model of The Secretary of Commerce, acting not later than 90 days after promulgation of the food web, habitat needs of organisms through the Secretary of State, may with re- the regulations under section 202, and annu- identified in the food web, rates of mortality, spect to the fishing practices on highly mi- ally thereafter whether the government of identification of indicator species, and any gratory sharks governed by regulations pro- each harvesting nation— other relevant data and monitoring needs. mulgated by the Secretary of Commerce pur- (A) has provided documentary evidence of ‘‘(3) FISHERY ECOSYSTEM PLAN.—Within 30 suant to section 202 of this title— the adoption of a regulatory program gov- months after identification of the pilot fish- (1) notify other nations whose vessels en- erning shark-finning and the conservation of ery or complex of interacting fisheries, the gage in fishing on highly migratory sharks, highly migratory sharks that is comparable, appropriate regional fishery management as soon as possible, about the import certifi- taking into account different conditions, to council shall submit to the Secretary for ap- cation procedures and regulations under sec- that of the United States; proval a Fishery Ecosystem Plan. In cre- tion of this title, as well as the international (B) has established a management plan ating such plan, the council may consider cooperation and assistance provisions of sec- governing release of highly migratory spe- the recommendations outlined in the report tion 204; cies of sharks caught but not retained by a under section (d).’’. (2) initiate discussions as soon as possible fishing vessel that will ensure maximum TITLE II—SHARK CONSERVATION for purpose of developing bilateral or multi- probability of survival of after release; and lateral agreements with other nations to (C) has established a management plan SEC. 201. PROHIBITION ON SHARK-FINNING AND conserve and manage highly migratory containing requirements that will assist in THE LANDING OF SHARK FINS sharks, which should include provisions pro- gathering species-specific data to support TAKEN BY SHARK-FINNING. hibiting shark-finning and minimizing ad- international and regional shark stock as- (a) IN GENERAL.—Section 307 of the Magnu- verse effects of commercial fishing oper- sessments and conservation enforcement ef- son-Stevens Fishery Conservation and Man- ations on species of highly migratory sharks; forts. agement Act (16 U.S.C. 1857) is amended— (3) provide to the Congress, by not later (2) ALTERNATIVE PROCEDURE.—The Sec- (1) by inserting ‘‘(a) IN GENERAL.—’’ before than 1 year after the date of enactment of retary shall establish a procedure for certifi- ‘‘It is unlawful—’’; this Act, and every year thereafter, a full re- cation, on a shipment-by-shipment, shipper- (2) by striking ‘‘or’’ after the semicolon in port which— by-shipper, or other basis of imports of high- subparagraph (N); (A) includes a list of nations whose vessels ly migratory sharks or products (including (3) by striking the period in subparagraph conduct shark-finning or commercial fishing fins) from a vessel of a harvesting nation not (O) and inserting a semicolon and ‘‘or’’; and operations which may adversely affect high- certified under paragraph (1) if the Secretary (4) by adding at the end the following: ly migratory shark species; determines that such imports were harvested ‘‘(P) to engage in shark-finning, or to land (B) describes the efforts taken to carry out by practices that— the fins of a shark that were taken by shark- this title and evaluates the progress of those (A) do not adversely affect highly migra- finning. efforts; tory sharks; ‘‘(b) SHARK-FINNING PRESUMPTION.—For (C) includes a determination as to whether (B) include release of highly migratory purposes of subsection (a)(1)(P), there is a re- the importation into the United States of species of sharks caught but not retained by buttable presumption that shark fins landed sharks and shark products (including fins) is such vessel in a manner that ensures max- from a fishing vessel or found on board a adversely affecting the effectiveness of na- imum probability of survival after release; fishing vessel were taken by shark-finning.’’. tional and international measures for the (C) include the gathering of species-specific (b) DEFINITION ADDED TO ACT.—Section 3 of conservation of highly migratory sharks; data that can be used to support inter- the Magnuson-Stevens Fishery Conservation and national and regional shark stock assess- and Management Act (16 U.S.C. 1802), as (D) includes recommendations for meas- ments and conservation efforts; or amended by section 103, is amended— ures to ensure that United States actions are (D) are consistent with harvesting prac- (1) by redesignating paragraphs (38) consistent with national, international, and tices comparable, taking into account the through (48), and any reference to any such regional obligations relating to highly mi- circumstances, to those of the United States. paragraph elsewhere in that Act, as para- gratory shark populations, including those (c) UNCERTIFIED IMPORTS.—It is unlawful to graphs (39) through (49); and listed under the Convention on the Inter- import highly migratory sharks or products (2) by inserting after paragraph (37) the fol- national Trade in Endangered Species. (including fins) which have been harvested lowing: SEC. 204. IMPORT CERTIFICATION. by the practice of shark-finning or other ‘‘(38) The term ‘shark-finning’ means the (a) IN GENERAL.—If the Secretary of Com- commercial fishing practices that may affect taking of a shark, removing the fin or fins merce, after consultation with the Secretary adversely such populations of sharks more (whether or not including the tail), and re- of State, determines that the importation of than 90 days after promulgation of the regu- turning the remainder of the shark to the sharks or shark products into the United lations under section 202 if such sharks or sea.’’. States is adversely affecting the effective- products were harvested by a vessel of a har- SEC. 202. REGULATIONS. ness of national and international measures vesting nation not certified under subsection No later than 90 days after the date of en- for the conservation of highly migratory (b)(1) unless that vessel is certified under actment of this Act, the Secretary of Com- sharks, then the Secretary shall report that subsection (b)(2). merce shall promulgate regulations imple- determination to the Congress and establish (d) REINSTATEMENT OF UNCERTIFIED COUN- menting the prohibition set forth in section a procedure, consistent with the provisions TRY STATUS.—If the Secretary fails to make 307(a)(1)(P) of the Magnuson-Stevens Fishery of subchapter II of chapter 5 of title 5, United the annual certification required by sub- Conservation and Management Act (16 U.S.C. States Code, and including notice and an op- section (b)(1) with respect to a country pre- 1857(a)(1)(P)) that— portunity for comment by the governments viously certified under that subsection, and (1) establish shark fin landing require- of nations listed by the Secretary under except as provided in subsection (b)(2), then ments that consider species identification paragraph (6) of section 203, for determining subsection (c) shall apply to imports of high- needs, shark processing methods, and the na- whether those governments— ly migratory sharks or products (including ture and availability of markets for shark (1) have adopted regulatory programs gov- fins) harvested by vessels of that nation be- products in the region in which the shark erning shark-finning and other harvesting ginning 90 days after the date in any year on fins are landed; practices adversely affecting highly migra- which the Secretary fails to make the sched- (2) contain procedures governing release of tory sharks that are comparable, taking into uled annual certification required by sub- sharks caught but not retained by a fishing account different conditions, to those of the section (b). vessel that will ensure maximum probability United States; SEC. 205. SHARK-FINNING DEFINED. of survival of sharks after release; (2) have established management plans For the purposes of this title, the term (3) contain documentation and other re- governing release of highly migratory spe- ‘‘shark-finning’’ means the taking of a quirements necessary to assure the timely cies of sharks caught but not retained by shark, removing the fin or fins (whether or and adequate collection of data to support fishing vessels that ensure maximum prob- not including the tail), and returning the re- shark stock assessments and conservation ability of survival after release; and mainder of the shark to the sea. enforcement efforts; and (3) have established a management plan SEC. 206. INTERNATIONAL COOPERATION AND (4) set forth the facts and circumstances containing requirements that will assist in ASSISTANCE. under which a person may rebut the pre- gathering species-specific data to support To the greatest extent possible consistent sumption established by section 307(b) of the international and regional shark stock as- with existing authority and the availability Magnuson-Stevens Fishery Conservation and sessments and conservation enforcement ef- of funds, the Secretary of Commerce shall— Management Act (16 U.S.C. 1857(b), including forts. (1) provide appropriate technological and the use of documentation provided through (b) CERTIFICATION PROCEDURE.— other assistance to nations listed under applicable fisheries observer programs and (1) IN GENERAL.—The Secretary shall deter- paragraph (6) of section 203 and regional or dockside inspection. mine, on the basis of the procedure under international organizations of which those

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 13408 CONGRESSIONAL RECORD—SENATE June 30, 2000 nations are members to assist those nations (1) Certain U.S. Air Force Air National those requirements at institutions of higher in qualifying for certification under section Guard fighter units are flying some of the education. 204(b)(1); world’s oldest and least capable F–16A air- ‘‘(b) TYPES OF PROGRAMS.—The programs (2) undertake, where appropriate, coopera- craft which are approaching the end of their authorized under this chapter are as follows: tive research activities on species statistics service lives. ‘‘(1) Scholarships for pursuit of programs and improved harvesting techniques, with (2) The aircraft are generally incompatible of education in information assurance at in- those nations or organizations; with those flown by the active force and stitutions of higher education. (3) encourage and facilitate the transfer of therefore cannot be effectively deployed to ‘‘(2) Grants to institutions of higher edu- appropriate technology to those nations or theaters of operation to support contin- cation. organizations to assist those nations in gencies and to relieve the high operations ‘‘§ 2200a. Scholarship program qualifying for certification under section tempo of active duty units. ‘‘(a) AUTHORITY.—The Secretary of Defense 204(b)(1); and (3) The Air Force has specified no plans to may, subject to subsection (g), provide finan- (4) provide assistance to those nations or replace these obsolescent aircraft before the cial assistance in accordance with this sec- organizations in designing and implementing year 2007 at the earliest. tion to a person pursuing a baccalaureate or appropriate shark harvesting plans. (b) SENSE OF THE SENATE.—It is the sense of advanced degree in an information assurance f the Senate that in light of these findings— discipline referred to in section 2200(a) of (1) The Air Force should, by February 1, this title at an institution of higher edu- NATIONAL DEFENSE AUTHORIZA- 2001, provide Congress with a plan to mod- cation who enters into an agreement with TION ACT FOR FISCAL YEAR ernize and upgrade the combat capabilities the Secretary as described in subsection (b). 2001—Resumed of those Air National Guard units that are ‘‘(b) SERVICE AGREEMENT FOR SCHOLARSHIP now flying F–16As so they can deploy as part The PRESIDING OFFICER. The RECIPIENTS.—(1) To receive financial assist- of Air Expeditionary Forces and assist in re- ance under this section— clerk will report the bill by title. lieving the high operations tempo of active The legislative clerk read as follows: ‘‘(A) a member of the armed forces shall duty units. enter into an agreement to serve on active A bill (S. 2549) to authorize appropriations duty in the member’s armed force for the pe- for fiscal year 2001 for military activities of AMENDMENT NO. 3742 riod of obligated service determined under the Department of Defense, for military con- (Purpose: To substitute a requirement for a paragraph (2); struction, and for defense activities of the report on the Department of Defense proc- ‘‘(B) an employee of the Department of De- Department of Energy, to prescribe per- ess for decisionmaking in cases of false fense shall enter into an agreement to con- sonnel strengths for such fiscal year for the claims) tinue in the employment of the department Armed Forces, and for other purposes. Strike the matter proposed to be inserted for the period of obligated service deter- AMENDMENTS NOS. 3740 THROUGH 3757, AND NO. and insert the following: mined under paragraph (2); and 3624, EN BLOC ‘‘(C) a person not referred to in subpara- Mr. WARNER. Mr. President, the dis- SEC. 1061. DEPARTMENT OF DEFENSE PROCESS FOR DECISIONMAKING IN CASES OF graph (A) or (B) shall enter into an agree- tinguished colleague, Mr. LEVIN, and I FALSE CLAIMS. ment— have been working with our leadership, Not later than February 1, 2001, the Sec- ‘‘(i) to enlist or accept a commission in one and we now have cleared amendments. retary of Defense shall submit to Congress a of the armed forces and to serve on active I send a series of amendments to the report describing the policies and procedures duty in that armed force for the period of ob- desk which have been cleared by the for Department of Defense decisionmaking ligated service determined under paragraph ranking member and myself. There- on issues arising under sections 3729 through (2); or fore, I ask unanimous consent that the 3733 of title 31, United States Code, in cases ‘‘(ii) to accept and continue employment in of claims submitted to the Department of the Department of Defense for the period of Senate consider those amendments en obligated service determined under para- bloc, the amendments be agreed to, the Defense that are suspected or alleged to be false. The report shall include a discussion of graph (2). motions to reconsider be laid upon the any changes that have been made in the poli- ‘‘(2) For the purposes of this subsection, table, and, finally, that any statements cies and procedures since January 1, 2000. the period of obligated service for a recipient relating to any of these individual of financial assistance under this section amendments be printed in the RECORD. AMENDMENT NO. 3743 shall be the period determined by the Sec- retary of Defense as being appropriate to ob- Mr. LEVIN. Mr. President, we have (Purpose: To modify the authority relating tain adequate service in exchange for the fi- no objection to this package. We sup- to the information security scholarship nancial assistance and otherwise to achieve port it. program) The PRESIDING OFFICER. Without the goals set forth in section 2200(a) of this On page 380, strike line 4 and all that fol- title. In no event may the period of service objection, it is so ordered. lows through page 385, line 8, and insert the required of a recipient be less than the pe- The amendments (Nos. 3740 through following: riod equal to 3⁄4 of the total period of pursuit 3757, and No. 3624) were agreed to en SEC. 1042. INFORMATION SECURITY SCHOLAR- of a degree for which the Secretary agrees to bloc, as follows: SHIP PROGRAM. provide the recipient with financial assist- AMENDMENT NO. 3740 (a) ESTABLISHMENT OF PROGRAM.—(1) Part ance under this section. The period of obli- (Purpose: To set aside funds for the indus- III of subtitle A of title 10, United States gated service is in addition to any other pe- trial mobilization capacity at Army am- Code, is amended by adding at the end the riod for which the recipient is obligated to munition facilities and arsenals that are following: serve on active duty or in the civil service, government owned, government operated) ‘‘CHAPTER 112—INFORMATION SECURITY as the case may be. On page 58, between lines 7 and 8, insert SCHOLARSHIP PROGRAM ‘‘(3) An agreement entered into under this the following: ‘‘Sec. section by a person pursuing an academic de- gree shall include clauses that provide the SEC. 313. INDUSTRIAL MOBILIZATION CAPACITY ‘‘2200. Programs; purpose. AT GOVERNMENT-OWNED, GOVERN- ‘‘2200a. Scholarship program. following: MENT-OPERATED ARMY AMMUNI- ‘‘2200b. Grant program. ‘‘(A) That the period of obligated service TION FACILITIES AND ARSENALS. ‘‘2200c. Centers of Academic Excellence in In- begins on a date after the award of the de- Of the amount authorized to be appro- formation Assurance Edu- gree that is determined under the regula- priated under section 301(1), $51,280,000 shall cation. tions prescribed under section 2200d of this be available for funding the industrial mobi- ‘‘2200d. Regulations. title. lization capacity at Army ammunition fa- ‘‘2200e. Definitions. ‘‘(B) That the person will maintain satis- cilities and arsenals that are government ‘‘2200f. Inapplicability to Coast Guard. factory academic progress, as determined in owned, government operated. accordance with those regulations, and that ‘‘§ 2200. Programs; purpose failure to maintain such progress constitutes AMENDMENT NO. 3741 ‘‘(a) IN GENERAL.—To encourage the re- grounds for termination of the financial as- (Purpose: To express the Sense of the Senate cruitment and retention of Department of sistance for the person under this section. on the modernization of Air National Defense personnel who have the computer ‘‘(C) Any other terms and conditions that Guard F–16A units) and network security skills necessary to the Secretary of Defense determines appro- At the appropriate place, insert: meet Department of Defense information as- priate for carrying out this section. SEC. . SENSE OF THE SENATE RESOLUTION ON surance requirements, the Secretary of De- ‘‘(c) AMOUNT OF ASSISTANCE.—The amount THE MODERNIZATION OF AIR NA- fense may carry out programs in accordance of the financial assistance provided for a per- TIONAL GUARD F–16A UNITS with this chapter to provide financial sup- son under this section shall be the amount (a) FINDINGS.—Congress finds that— port for education in disciplines relevant to determined by the Secretary of Defense as

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00108 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.003 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13409 being necessary to pay all educational ex- ‘‘§ 2200d. Regulations On page 16, line 22, strike ‘‘$4,068,570,000’’ penses incurred by that person, including ‘‘The Secretary of Defense shall prescribe and insert ‘‘$4,049,670,000’’. tuition, fees, cost of books, laboratory ex- regulations for the administration of this penses, and expenses of room and board. The chapter. AMENDMENT NO. 3746 expenses paid, however, shall be limited to ‘‘§ 2200e. Definitions (Purpose: To increase the authorization of those educational expenses normally in- appropriation for the Army for RDT&E by curred by students at the institution of high- ‘‘In this chapter: ‘‘(1) The term ‘information assurance’ in- $40,000,000 in order to fund the development er education involved. and execution of the plan for comparing ‘‘(d) USE OF ASSISTANCE FOR SUPPORT OF IN- cludes the following: costs and operational effectiveness of me- TERNSHIPS.—The financial assistance for a ‘‘(A) Computer security. dium armored combat vehicles; and to off- person under this section may also be pro- ‘‘(B) Network security. vided to support internship activities of the ‘‘(C) Any other information technology set that amount by reducing the authoriza- person at the Department of Defense in peri- that the Secretary of Defense considers re- tion of appropriation for the Air Force for ods between the academic years leading to lated to information assurance. RDT&E for the extended range cruise mis- the degree for which assistance is provided ‘‘(2) The term ‘institution of higher edu- sile by $40,000,000) the person under this section. cation’ has the meaning given the term in On page 33, line 10, strike ‘‘$5,461,946,000’’ ‘‘(e) REFUND FOR PERIOD OF UNSERVED OB- section 101 of the Higher Education Act of and insert ‘‘$5,501,946,000’’. LIGATED SERVICE.—(1) A person who volun- 1965 (20 U.S.C. 1001). On page 33, line 12, strike ‘‘$13,927,836,000’’ tarily terminates service before the end of ‘‘(3) The term ‘Center of Academic Excel- and insert ‘‘$13,887,836,000’’. the period of obligated service required lence in Information Assurance Education’ On page 48, between lines 20 and 21, insert under an agreement entered into under sub- means an institution of higher education the following: section (b) shall refund to the United States that is designated as a Center of Academic SEC. 222. FUNDING FOR COMPARISONS OF ME- an amount determined by the Secretary of Excellence in Information Assurance Edu- DIUM ARMORED COMBAT VEHICLES. Defense as being appropriate to obtain ade- cation by the Director of the National Secu- Of the amount authorized to be appro- quate service in exchange for financial as- rity Agency. priated under section 201(1), $40,000,000 shall sistance and otherwise to achieve the goals ‘‘§ 2200f. Inapplicability to Coast Guard be available for the advanced tank arma- set forth in section 2200(a) of this title. ment system program for the development ‘‘(2) An obligation to reimburse the United ‘‘This chapter does not apply to the Coast Guard when it is not operating as a service and execution of the plan for comparing States imposed under paragraph (1) is for all costs and operational effectiveness of me- purposes a debt owed to the United States. in the Navy.’’. (2) The tables of chapters at the beginning dium armored combat vehicles required ‘‘(3) The Secretary of Defense may waive, under section 112(b). in whole or in part, a refund required under of subtitle A of title 10, United States Code, paragraph (1) if the Secretary determines and the beginning of part III of such subtitle AMENDMENT NO. 3747 that recovery would be against equity and are amended by inserting after the item re- good conscience or would be contrary to the lating to chapter 111 the following: (Purpose: To provide a two-year extension in best interests of the United States. ‘‘112. Information Security Scholar- the authority to engage in commercial ac- ‘‘(f) EFFECT OF DISCHARGE IN BANK- ship Program ...... 2200’’. tivities as security for intelligence collec- RUPTCY.—A discharge in bankruptcy under (b) FUNDING.—Of the amount authorized to tion activities) title 11 that is entered less than 5 years after be appropriated under section 301(5), On page 415, between lines 2 and 3, insert the termination of an agreement under this $20,000,000 shall be available for carrying out the following: section does not discharge the person signing chapter 112 of title 10, United States Code (as SEC. 1061. TWO-YEAR EXTENSION OF AUTHORITY such agreement from a debt arising under added by subsection (a)). TO ENGAGE IN COMMERCIAL AC- such agreement or under subsection (e). (c) REPORT.—Not later than April 1, 2001, TIVITIES AS SECURITY FOR INTEL- ‘‘(g) ALLOCATION OF FUNDING.—Not less the Secretary of Defense shall submit to the LIGENCE COLLECTION ACTIVITIES. than 50 percent of the amount available for congressional defense committees a plan for Section 431(a) of title 10, United States financial assistance under this section for a implementing the programs under chapter Code, is amended in the second sentence by fiscal year shall be available only for pro- 112 of title 10, United States Code. striking ‘‘December 31, 2000’’ and inserting viding financial assistance for the pursuit of ‘‘December 31, 2002’’. degrees referred to in subsection (a) at insti- AMENDMENT NO. 3744 tutions of higher education that have estab- (Purpose: To provide for adjustments in the AMENDMENT NO. 3624 lished, improved, or are administering pro- threshold requirement for the submission (Purpose: To state the sense of Congress re- grams of education in information assurance of a reports on exports of computers to garding land transfers at Melrose Range, under the grant program established in sec- Tier III countries) New Mexico, and Yakima Training Center, tion 2200b of this title, as determined by the On page 610, between lines 13 and 14, insert Washington) Secretary of Defense. the following: On page 546, after line 13, add the fol- ‘‘§ 2200b. Grant program SEC. 3178. ADJUSTMENT OF THRESHOLD RE- lowing: UTHORITY ‘‘(a) A .—The Secretary of Defense QUIREMENT FOR SUBMISSION OF SEC. 2882. SENSE OF CONGRESS REGARDING may provide grants of financial assistance to REPORTS ON ADVANCED COMPUTER LAND TRANSFERS AT MELROSE institutions of higher education to support SALES TO TIER III FOREIGN COUN- RANGE, NEW MEXICO, AND YAKIMA the establishment, improvement, or adminis- TRIES. TRAINING CENTER, WASHINGTON. tration of programs of education in informa- Section 3157 of the National Defense Au- (a) FINDINGS.—Congress makes the fol- tion assurance disciplines referred to in sec- thorization Act for Fiscal Year 1998 (Public lowing findings: tion 2200(a) of this title. Law 105–85; 111 Stat. 2045) is amended by add- (1) The Secretary of the Air Force seeks ‘‘(b) PURPOSES.—The proceeds of grants ing at the end the following: the transfer of 6,713 acres of public domain under this section may be used by an institu- ‘‘(e) ADJUSTMENT OF PERFORMANCE LEV- land within the Melrose Range, New Mexico, tion of higher education for the following ELS.—Whenever a new composite theoretical from the Department of the Interior to the purposes: performance level is established under sec- Department of the Air Force for the contin- ‘‘(1) Faculty development. tion 1211(d), that level shall apply for pur- ued use of these lands as a military range. ‘‘(2) Curriculum development. poses of subsection (a) of this section in lieu (2) The Secretary of the Army seeks the ‘‘(3) Laboratory improvements. of the level set forth in subsection (a).’’. transfer of 6,640 acres of public domain land ‘‘(4) Faculty research in information secu- within the Yakima Training Center, Wash- rity. AMENDMENT NO. 3745 ington, from the Department of the Interior ‘‘§ 2200c. Centers of Academic Excellence in (Purpose: To add $18,900,000 for Defense-wide to the Department of the Army for military Information Assurance Education procurement for the procurement of probes training purposes. ‘‘In the selection of a recipient for the for aerial refueling of, and for the procure- (3) The transfers provide the Department award of a scholarship or grant under this ment and integration of internal, auxil- of the Air Force and the Department of the chapter, consideration shall be given to iary, 200-gallon fuel tanks for, MH–60 air- Army with complete land management con- whether— craft for the United States Special Oper- trol of these public domain lands to allow for ‘‘(1) in the case of a scholarship, the insti- ations Command; and to offset that in- effective land management, minimize safety tution at which the recipient pursues a de- crease by reducing by $18,900,000 the concerns, and ensure meaningful training. gree is a Center of Academic Excellence in amount for the Army for other procure- (4) The Department of the Interior concurs Information Assurance Education; and ment for the family of medium tactical ve- with the land transfers at Melrose Range and ‘‘(2) in the case of a grant, the recipient is hicles) Yakima Training Center. a Center of Academic Excellence in Informa- On page 18, line 4, strike ‘‘$2,184,608,000’’ (b) SENSE OF CONGRESS.—It is the sense of tion Assurance Education. and insert ‘‘$2,203,508,000’’. Congress that the land transfers at Melrose

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Range, New Mexico, and Yakima Training tees a report on the proposed Subsurface AMENDMENT NO. 3752 Center, Washington, will support military Geosciences Laboratory, including the fol- (Purpose: To add funds for the procurement training, safety, and land management con- lowing: of the anti-personnel obstacle breaching cerns on the lands subject to transfer. (1) The need to conduct mesoscale experi- system; and to provide an offset) ments to meet long-term clean-up require- On page 17, line 17, strike ‘‘$496,749,000’’ and AMENDMENT NO. 3749 ments at Department of Energy sites. insert ‘‘$500,749,000’’. (Purpose: To provide for the construction of (2) The possibility of utilizing or modifying On page 31, between lines 18 and 19, insert an operations office complex for the Na- an existing structure or facility to house a the following: tional Nuclear Security Administration) new mesoscale experimental capability. SEC. 126. ANTI-PERSONNEL OBSTACLE BREACH- On page 586, following line 20, add the fol- (3) The estimated construction cost of the ING SYSTEM. lowing: facility. Of the total amount authorized to be ap- SEC. 3138. CONSTRUCTION OF NATIONAL NU- (4) The estimated annual operating cost of propriated under section 102(c), $4,000,000 is CLEAR SECURITY ADMINISTRATION the facility. available only for the procurement of the OPERATIONS OFFICE COMPLEX. (5) How the facility will utilize, integrate, anti-personnel obstacle breaching system. (a) AUTHORITY FOR DESIGN AND CONSTRUC- and support the technical expertise, capabili- On page 54, line 16, strike ‘‘$11,973,569,000’’ TION.—Subject to subsection (b), the Admin- ties, and requirements at other Department and insert ‘‘$11,969,569,000’’. istrator of the National Nuclear Security of Energy and non-Department of Energy fa- Administration may provide for the design cilities. AMENDMENT NO. 3753 and construction of a new operations office (6) An analysis of costs, savings, and bene- complex for the National Nuclear Security (Purpose: To authorize the Director of the fits which are unique to the Idaho National Federal Emergency Management Agency Administration in accordance with the feasi- Engineering and Environmental Laboratory. bility study regarding such operations office to provide assistance to fire departments complex conducted under the National De- Mr. CRAPO. Mr. President, I rise and fire prevention organizations for the fense Authorization Act for Fiscal Year 2000. today to offer an amendment to the purpose of protecting the public and fire- (b) LIMITATION.—The Administrator may Fiscal Year 2001 Defense Authorization fighting personnel against fire and fire-re- not exercise the authority in subsection (a) Act to authorize the conceptual design lated hazards) until the later of— of a Subsurface Geoscience Laboratory On page 415, between lines 2 and 3, insert (1) 30 days after the date on which the plan the following: required by section 3135(a) is submitted to at the Idaho National Engineering and Environmental Laboratory. As many of SEC. 1061. FIREFIGHTER INVESTMENT AND the Committees on Armed Services of the RESPONSE ENHANCEMENT. Senate and House of Representatives under my colleagues know, money for envi- The Federal Fire Prevention and Control that section; or ronmental cleanup is in short supply. Act of 1974 (15 U.S.C. 2201 et seq.) is amended (2) the date on which the Administrator The options for addressing cleanup by adding at the end the following: certifies to Congress that the design and con- funding shortfalls are limited to taking ‘‘SEC. 33. FIREFIGHTER INVESTMENT AND struction of the complex in accordance with funds from other programs to support RESPONSE ENHANCEMENT. the feasibility study is consistent with the environmental cleanup, not doing the ‘‘(a) DEFINITION OF FIREFIGHTING PER- plan required by section 3135(a). cleanup, or putting money into re- SONNEL.—In this section, the term ‘fire- (c) BASIS OF AUTHORITY.—The design and fighting personnel’ means individuals, in- construction of the operations office com- search, development, science, and tech- nology to make environmental cleanup cluding volunteers, who are firefighters, offi- plex authorized by subsection (a) shall be cers of fire departments, or emergency med- carried out through one or more energy sav- cheaper and more efficient. This ical service personnel of fire departments. ings performance contracts (ESPC) entered amendment and the Subsurface Geo- ‘‘(b) ASSISTANCE PROGRAM.— into under this section and in accordance science Laboratory addresses the latter ‘‘(1) AUTHORITY.—In accordance with this with the provisions of title VIII of the Na- of these options. section, the Director may— tional Energy Policy Conservation Act (42 The Subsurface Geoscience Labora- ‘‘(A) make grants on a competitive basis to U.S.C. 8287 et seq.). fire departments for the purpose of pro- (d) PAYMENT OF COSTS.—Amounts for pay- tory would be located at the INEEL tecting the health and safety of the public ments of costs associated with the construc- which, as the load laboratory for the and firefighting personnel against fire and tion of the operations office complex author- Environmental Management program fire-related hazards; and ized by subsection (a) shall be derived from within DOE, is the natural location for ‘‘(B) provide assistance for fire prevention energy savings and ancillary operation and this facility. In addition, the capabili- programs in accordance with paragraph (4). maintenance savings that result from the re- ties and core competencies of the ‘‘(2) ESTABLISHMENT OF OFFICE FOR ADMINIS- placement of a current Department of En- TRATION OF ASSISTANCE.—Before providing ergy operations office complex (as identified INEEL are a good fit with the sub- assistance under paragraph (1), the Director in the feasibility study referred to in sub- surface science needs of the nation. I shall establish an office in the Federal Emer- section (a)) with the operations office com- say the nation because, although this gency Management Agency that shall have plex authorized by subsection (a). facility would be located in Idaho, the the duties of establishing specific criteria for solution developed would be applicable AMENDMENT NO. 3750 the selection of recipients of the assistance, to DOE sites across the nation. The so- and administering the assistance, under this (Purpose: To make available $400,000 for a lutions developed would also be appli- section. conceptual design for a Subsurface Geo- cable outside of the DOE, in fact, any- ‘‘(3) USE OF FIRE DEPARTMENT GRANT sciences Laboratory at Idaho National En- FUNDS.—The Director may make a grant gineering Laboratory, Idaho Falls, Idaho) where environmental contaminants threaten subsurface water supplies. under paragraph (1)(A) only if the applicant On page 603, between lines 18 and 19, insert for the grant agrees to use the grant funds— the following: The $400,000 authorized by this amend- ment for conceptual design of the Sub- ‘‘(A) to hire additional firefighting per- SEC. . CONCEPTUAL DESIGN FOR SUBSURFACE sonnel; GEOSCIENCES LABORATORY AT surface Geoscience Laboratory is an ‘‘(B) to train firefighting personnel in fire- IDAHO NATIONAL ENGINEERING important first step to developing the fighting, emergency response, arson preven- AND ENVIRONMENTAL LABORA- scientific and technical tools needed to TORY, IDAHO FALLS, IDAHO. tion and detection, or the handling of haz- (a) AUTHORIZATION.—Of the amounts au- solve environmental cleanup problems. ardous materials, or to train firefighting per- thorized to be appropriated by paragraphs (2) I urge my colleagues to support this sonnel to provide any of the training de- and (3) of section 3102(a), not more than amendment. scribed in this subparagraph; ‘‘(C) to fund the creation of rapid interven- $400,000 shall be available to the Secretary of AMENDMENT NO. 3751 Energy for purposes of carrying out a con- tion teams to protect firefighting personnel (Purpose: To assist the economic develop- ceptual design for a Subsurface Geosciences at the scenes of fires and other emergencies; ment of the Ute Indian Tribe by author- Laboratory at Idaho National Engineering ‘‘(D) to certify fire inspectors; izing the transfer to the Tribe of Oil Shale and Environmental Laboratory, Idaho Falls, ‘‘(E) to establish wellness and fitness pro- Reserve Numbered 2, to protect the Colo- Idaho. grams for firefighting personnel to ensure rado River by providing for the removal of (b) LIMITATION.—None of the funds author- that the firefighting personnel can carry out ized to be appropriated by section (a) may be the tailings from the Atlas uranium mill- their duties; obligated until 60 days after the Secretary ing site near Moab, Utah, and for other ‘‘(F) to fund emergency medical services submits the report required by section (c). purposes) provided by fire departments; (c) REPORT.—The Secretary of Energy shall (The amendment is printed in Today’s ‘‘(G) to acquire additional firefighting ve- submit to the congressional defense commit- RECORD under ‘‘Amendments Submitted.’’) hicles, including fire trucks;

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00110 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.004 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13411 ‘‘(H) to acquire additional firefighting section for a fiscal year is used for the use On page 547, line 24, strike ‘‘$3,887,383,000’’ equipment, including equipment for commu- described in paragraph (3)(G). and insert ‘‘$3,822,383,000’’. nications and monitoring; ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— On page 548, line 3, strike ‘‘$1,496,982,000’’ ‘‘(I) to acquire personal protective equip- ‘‘(1) IN GENERAL.—There are authorized to and insert ‘‘$1,471,982,000’’. ment required for firefighting personnel by be appropriated to the Director— On page 548, line 5, strike ‘‘$1,547,798,000’’ the Occupational Safety and Health Admin- ‘‘(A) $100,000,000 for fiscal year 2001; and insert ‘‘$1,507,798,000’’. istration, and other personal protective ‘‘(B) $200,000,000 for fiscal year 2002; On page 549, line 2, strike ‘‘$448,173,000’’ and equipment for firefighting personnel; ‘‘(C) $400,000,000 for fiscal year 2003; insert ‘‘$588,173,000’’. ‘‘(J) to modify fire stations, fire training ‘‘(D) $600,000,000 for fiscal year 2004; On page 552, line 7, strike ‘‘$74,100,000’’ and facilities, and other facilities to protect the ‘‘(E) $800,000,000 for fiscal year 2005; and insert ‘‘$214,100,000’’. health and safety of firefighting personnel; ‘‘(F) $1,000,000,000 for fiscal year 2006. On page 560, line 23, strike ‘‘$141,317,000’’ ‘‘(K) to enforce fire codes; ‘‘(2) LIMITATION ON ADMINISTRATIVE and insert ‘‘$216,317,000’’. ‘‘(L) to fund fire prevention programs; or COSTS.—Of the amounts made available On page 603, between lines 18 and 19, insert ‘‘(M) to educate the public about arson pre- under paragraph (1) for a fiscal year, the Di- the following: vention and detection. rector may use not more than 10 percent for SEC. 3156. REPORT ON NATIONAL IGNITION FA- ‘‘(4) FIRE PREVENTION PROGRAMS.— the administrative costs of carrying out this CILITY, LAWRENCE LIVERMORE NA- TIONAL LABORATORY, LIVERMORE, ‘‘(A) IN GENERAL.—For each fiscal year, the section.’’. CALIFORNIA. Director shall use not less than 10 percent of (a) NEW BASELINE.—(1) Not more than 50 the funds made available under subsection AMENDMENT NO. 3754 percent of the funds available for the na- (c)— (Purpose: To increase the amount available tional ignition facility (Project 96–D–111) ‘‘(i) to make grants to fire departments for for close-in weapon system overhauls by may be obligated or expended until the Sec- the purpose described in paragraph (3)(L); $10,000,000) retary of Energy submits to the Committees and On page 58, between lines 7 and 8, insert on Armed Services of the Senate and House ‘‘(ii) to make grants to, or enter into con- the following: of Representatives a report setting forth a tracts or cooperative agreements with, na- SEC. 313. CLOSE-IN WEAPON SYSTEM OVER- new baseline plan for the completion of the tional, State, local, or community organiza- HAULS. national ignition facility. tions that are recognized for their experience Of the total amount authorized to be ap- (2) The report shall include a detailed, and expertise with respect to fire prevention propriated by section 301(2), $391,806,000 is year-by-year breakdown of the funding re- or fire safety programs and activities, for the available for weapons maintenance. quired for completion of the facility, as well purpose of carrying out fire prevention The total amount authorized to be appro- as projected dates for the completion of pro- programs. priated by section 301(5) for spectrum data gram milestones, including the date on ‘‘(B) PRIORITY.—In selecting organizations base upgrades is reduced by $10 million. which the first laser beams are expected to described in subparagraph (A)(ii) to receive become operational. assistance under this paragraph, the Direc- AMENDMENT NO. 3755 (b) COMPTROLLER GENERAL REVIEW OF NIF tor shall give priority to organizations that (Purpose: To make available, with an offset, PROGRAM.—(1) The Comptroller General shall focus on prevention of injuries to children $150,000,000 for additional cleanup activi- conduct a thorough review of the national from fire. ties at the Hanford Nuclear Reservation, ignition facility program. ‘‘(5) APPLICATION.—The Director may pro- Richland, Washington) (2) Not later than March 31, 2001, the Comp- vide assistance to a fire department or orga- On page 556, line 24, strike ‘‘$5,501,824,000’’ troller General shall submit to the Commit- nization under this subsection only if the and insert ‘‘$5,651,824,000’’. tees on Armed Services of the Senate and fire department or organization seeking the On page 559, line 8, strike ‘‘$3,028,457,000’’ House of Representatives a report on the re- assistance submits to the Director an appli- and insert ‘‘$3,178,457,000’’. view conducted under paragraph (1). The re- cation in such form and containing such in- On page 559, line 11, strike ‘‘$2,533,725,000’’ port shall include— formation as the Director may require. and insert ‘‘$2,683,725,000’’. (A) an analysis of— ‘‘(6) MATCHING REQUIREMENT.—The Director On page 564, line 8, strike ‘‘$540,092,000’’ and (i) the relationship of the national ignition may provide assistance under this subsection insert ‘‘$390,092,000’’. facility program to other key components of only if the applicant for the assistance On page 564, line 13, strike ‘‘$450,000,000’’ the Stockpile Stewardship Program; and agrees to match with an equal amount of and insert ‘‘$300,000,000’’. (ii) the potential impact of delays in the non-Federal funds 10 percent of the assist- On page 603, between lines 18 and 19, insert national ignition facility program, and of a ance received under this subsection for any the following: failure to complete key program objectives fiscal year. SEC. 3156. TANK WASTE REMEDIATION SYSTEM, of the program, on the other key components ‘‘(7) MAINTENANCE OF EXPENDITURES—The HANFORD RESERVATION, RICH- of the Stockpile Stewardship Program, such LAND, WASHINGTON. Director may provide assistance under this as the Advanced Strategic Computing Initia- (a) FUNDS AVAILABLE.—Of the amount au- subsection only if the applicant for the as- tive Program; thorized to be appropriated by section 3102, sistance agrees to maintain in the fiscal year (B) a detailed description and analysis of $150,000,000 shall be available to carry out an for which the assistance will be received the the funds spent as of the date of the report accelerated cleanup and waste management applicant’s aggregate expenditures for the on the national ignition facility program; program at the Department of Energy Han- uses described in paragraph (3) or (4) at or and ford Site in Richland, Washington. above the average level of such expenditures (C) an assessment whether Lawrence Liver- in the 2 fiscal years preceding the fiscal year (b) REPORT.—Not later than December 15, 2000, the Secretary of Energy shall submit to more National Laboratory has established a for which the assistance will be received. new baseline plan for the national ignition ‘‘(8) REPORT TO THE DIRECTOR.—The Direc- Congress a report on the Tank Waste Reme- diation System Project at the Hanford Site. facility program with clear goals and achiev- tor may provide assistance under this sub- able milestones for that program. section only if the applicant for the assist- The report shall include the following: (1) A proposed plan for processing and sta- ance agrees to submit to the Director a re- AMENDMENT NO. 3755 port, including a description of how the as- bilizing all nuclear waste located in the Han- At the appropriate place, insert the sistance was used, with respect to each fiscal ford Tank Farm. following: year for which the assistance was received. (2) A proposed schedule for carrying out SEC. . BREAST CANCER STAMP EXTENSION. ‘‘(9) VARIETY OF FIRE DEPARTMENT GRANT the plan. RECIPIENTS.—The Director shall ensure that (3) The total estimated cost of carrying out Section 414(g) of title 39, United States grants under paragraph (1)(A) for a fiscal the plan. Code, is amended by striking ‘‘2-year’’ and year are made to a variety of fire depart- (4) A description of any alternative options inserting ‘‘4-year’’. ments, including, to the extent that there to the proposed plan and a description of the are eligible applicants— costs and benefits of each such option. AMENDMENT NO. 3624 ‘‘(A) paid, volunteer, and combination fire (Purpose: Relating to the greenbelt at Fallon departments; AMENDMENT NO. 3756 Naval Air Station, Nevada) ‘‘(B) fire departments located in commu- (Purpose: To increase funds for the national On page 546, after line 13, add the nities of varying sizes; and ignition facility (NIF) at Lawrence Liver- following: ‘‘(C) fire departments located in urban, more National Laboratory, Livermore, SEC. 2882. ACTIVITIES RELATING TO THE GREEN- suburban, and rural communities. California) BELT AT FALLON NAVAL AIR STA- ‘‘(10) LIMITATION ON EXPENDITURES FOR On page 547, line 16, strike ‘‘$6,214,835,000’’ TION, NEVADA. FIREFIGHTING VEHICLES.—The Director shall and insert ‘‘$6,289,835,000’’. (a) IN GENERAL.—The Secretary of the ensure that not more than 25 percent of the On page 547, line 19, strike $4,672,800,000’’ Navy shall, in consultation with the Sec- assistance made available under this sub- and insert ‘‘$4,747,800,000’’. retary of the Army acting through the Chief

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00111 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.004 S30JN0 13412 CONGRESSIONAL RECORD—SENATE June 30, 2000 of Engineers, carry out appropriate activi- about our nuclear forces and plans we large arsenal we are increasing the ties after examination of the potential envi- need to make the decisions required as chance of accidental or unauthorized ronmental and flight safety ramifications for elected representatives of the people. launch. By keeping such a large arse- irrigation that has been eliminated, or will In fact, when asked for detailed tar- nal we are increasing the likelihood of be eliminated, for the greenbelt at Fallon Naval Air Station, Nevada. Any activities geting information we were given three the proliferation of these weapons. By carried out under the preceding sentence different answers. First, we were told keeping such a large arsenal we are en- shall be consistent with aircrew safety at that they did not bring that kind of in- couraging nations like India, Pakistan, Fallon Naval Air Station. formation. Then, we were told there Iran, and North Korea to pursue a nu- (b) AUTHORIZATION OF APPROPRIATIONS.— were people in the room who were not clear weapons option. And finally, by There is hereby authorized to be appro- cleared to receive that kind of informa- keeping such a large arsenal we are di- priated for operation and maintenance for tion. Finally, we were told that kind of verting budgetary resources away from the Navy such sums as may be necessary to carry out the activities required by sub- information is only provided to the our conventional forces—the forces section (a). Senate leadership and members of the that are vital to protecting our inter- Mr. WARNER. Mr. President, I move Armed Services Committee. Because ests around the globe. to reconsider the vote. members of the leadership and the Sen- In the near future, I will return to Mr. LEVIN. I move to lay that mo- ate Armed Services Committee indi- the Senate floor to discuss this issue tion on the table. cated they had never received such in- further. I will return with non-classi- The motion to lay on the table was formation, I can only surmise there fied information—information that agreed to. must be a fourth answer. comes not from briefings in secret Mr. WARNER. Mr. President, I sug- We find ourselves in an uncomfort- rooms, but information all citizens can gest the absence of a quorum. able and counter-productive Catch-22. access through a simple search on The PRESIDING OFFICER. The Until we as civilians provide better Yahoo—in an attempt to better under- clerk will call the roll. guidance to our military leaders, we stand our nuclear policy and the The legislative clerk proceeded to are unlikely to affect the kind of changing definition of deterrence in call the roll. changes needed to update our nuclear the post-Cold War world. Mr. KERREY. Mr. President, I ask policies to reflect the realities of the I yield the floor, and I suggest the ab- unanimous consent that the order for post-cold-war world. Yet, providing im- sence of a quorum. the quorum call be rescinded. proved guidance is difficult when we The PRESIDING OFFICER. The The PRESIDING OFFICER. Without are unable to learn the basic compo- clerk will call the roll. objection, it is so ordered. nents of the SIOP. Given this, I fol- The legislative clerk proceeded to f lowed up our meeting with a letter to call the roll. Senate Minority Leader Tom DASCHLE Mr. LOTT. Mr. President, I ask unan- STRATEGIC NUCLEAR WEAPONS requesting that he schedule another imous consent that the order for the POLICY briefing so that we could get the infor- quorum call be rescinded. Mr. KERREY. Mr. President, a few mation our first briefers would not pro- The PRESIDING OFFICER (Mr. GOR- weeks ago the Senate convened a joint vide. TON). Without objection, it is so or- meeting between Democrats and Re- While I still believe this briefing is dered. publicans to receive a classified nu- needed, we need not wait for a briefing Mr. LOTT. Mr. President, I do have clear briefing from the Department of on the details of the SIOP to answer some Executive Calendar matters and Defense. The purpose of this bipartisan the question of how many nuclear other unanimous consent agreements meeting was for the members of the weapons are needed to deter potential that have already been worked out. I Senate to get a better understanding of aggressors. In truth, it is important for will proceed to those. However, I do our strategic nuclear weapons policy. citizens, armed only with common note I want to offer a unanimous con- Our briefers, which included Admiral sense and open-source information, to sent request with regard to the estate Richard Mies, Commander of reach sound conclusions about our nu- tax matter. I want the Democratic STRATCOM, had been invited to the clear posture and force levels. leader to be here when I make that re- Senate to explain the details of the To illustrate, we should ask experts quest. I am hoping within the next few Single Integrated Operational Plan—or to describe the deterrent capability of minutes we will also be able to con- SIOP. The SIOP is the highly-classified a single Trident submarine—our most clude an agreement with regard to the nuclear blueprint of targets and tar- survivable and reliable delivery plat- Department of Defense authorization geting assignments for our strategic form. Within an hour of receiving an bill. Discussions are still underway, nuclear weapons arsenal, and is the order to launch, a Trident could deliver but I thought I would take advantage driving force behind our strategic nu- and detonate 192 nuclear weapons on of this time. clear force levels. While the SIOP is a their targets. The minimum size of the f military document, it is based on guid- detonations would 100 kilotons; the ance given to the Department of De- maximum would be 300 kilotons. By EXECUTIVE SESSION fense by the President. comparison, the Hiroshima detonation As elected representatives of the peo- that caused Japan to sue for uncondi- ple, and with a Constitutional role in tional peace in August 1945 was only 15 EXECUTIVE CALENDAR determining national security policy, kilotons. In the open, we should assess Mr. LOTT. Mr. President, I ask unan- Congress should have an understanding what damage 192 of these weapons imous consent that the Senate proceed of the principles underpinning our nu- would cause and determine whether to executive session to consider the fol- clear policy. Both the guidance pro- this would deter most, if not all of the lowing nominations on the Executive vided by the President and the details threats we face. Calendar: Calendar Nos. 567 through of the SIOP are necessary for us to Mr. President, I have made no secret 570. I further ask unanimous consent make informed national security deci- of my strongly-held belief that we can that the nominations be confirmed en sions. and we should make dramatic reduc- bloc, the motions to reconsider be laid With this in mind, we gathered in an tions in our strategic nuclear arsenals. upon the table, any statements relat- interior room in the Capitol to get a I believe that by keeping such a large ing to the nominations be printed in full briefing on the SIOP. But when we arsenal of strategic nuclear weapons the RECORD, the President be imme- asked the DoD briefers precise ques- we are decreasing rather than enhanc- diately notified of the Senate’s action, tions about the SIOP, we did not get ing our security. By keeping such a and the Senate then return to legisla- the information we were seeking. The large arsenal we are forcing the Rus- tive session. briefers were unable, or unwilling, to sians to keep more weapons than they The PRESIDING OFFICER. Without give us the kind of specific information can safely control. By keeping such a objection, it is so ordered.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00112 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.004 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13413 The nominations considered and con- gree from Harvard University three had already heard—this is a man of the firmed en bloc are as follows: years later. highest integrity and personal char- THE JUDICIARY Indeed, not one to forget his roots, acter. Paul C. Huck, of Florida, to be United George immediately returned to Maine In conclusion, I am most proud to be States District Judge for the Southern Dis- to begin his legal career in Bangor, able to express my support for Mr. trict of Florida, vice Kenneth L. Ryskamp, serving as the Assistant County Attor- George Singal. He has the qualifica- retired. ney for Penobscot County from 1971 to tions, the intellect, the experience, the John W. Darrah, of Illinois, to be United 1973, even as he worked his way to a perspective, and the integrity to be an States District Judge for the Northern Dis- partnership in the respected law firm outstanding judge. Accordingly, I am trict of Illinois, vice George M. Marovich, re- of Gross, Minsky, Mogul, & Singal—the pleased that my colleagues support his tired. firm in which he has remained to this confirmation to the U.S. District Court Joan Humphrey Lefkow, of Illinois, to be day. United States District Judge for the North- for the District of Maine. Having served on a wide variety of ern District of Illinois, vice Ann C. Williams, f elevated. professional committees—including the George Z. Singal, of Maine, to be United advisory committee for the District of LEGISLATIVE SESSION Maine that was assembled pursuant to States District Judge for the District of The PRESIDING OFFICER. Under Maine, vice Morton A. Brody, deceased. the Civil Justice Reform Act—George’s the previous order, the Senate will now impeccable credentials and reputation f return to legislative session. for impartiality led to his appointment CONFIRMATION OF GEORGE in 1993 to the Governor’s Judicial Se- f SINGAL lection Committee by my husband, MEASURE INDEFINITELY Ms. SNOWE. Mr. President, I am Governor McKernan. POSTPONED—S. 2553 pleased that the Senate has confirmed That appointment, and the fact that George Singal, the President’s nominee he now chairs this prestigious com- Mr. LOTT. Mr. President, I ask unan- for a seat on the U.S. District Court for mittee that assists in the appointment imous consent that S. 2553 be indefi- the District of Maine, and rise to ex- of judges across the state under Inde- nitely postponed. press my strong unequivocal support pendent Governor Angus King, is why The PRESIDING OFFICER. Without for his nomination. it’s a special pleasure for me to speak objection, it is so ordered. In advance, I would like to thank the on his behalf today. f Chairman of the Judiciary Committee, Of note, the enthusiastic support ORDER FOR COMMITTEES TO FILE Senator HATCH, for proceeding so expe- George has received from both sides of LEGISLATIVE MATTERS ditiously on Mr. Singal’s nomination— the aisle in Maine speaks volumes especially when considering his nomi- about Mr. Singal’s talents and work Mr. LOTT. Mr. President, I ask unan- nation was transmitted to the Senate ethic, as well as the universal respect imous consent that notwithstanding just six weeks ago. In addition, I would he has earned over his years of work in the adjournment of the Senate, com- like to thank the Majority Leader for the Maine judicial system. mittees have from 11 a.m. until 1 p.m. Throughout his career, Mr. Singal bringing his nomination to the floor so on Wednesday, July 5, in order to file displayed remarkable legal acumen, rapidly—just three days after being re- legislative matters. thanks in large part to his thorough, ported by the Judiciary Committee. The PRESIDING OFFICER. Without reflective and balanced approach to his George Singal immigrated along with objection, it is so ordered. work. This approach has justifiably his family to the United States at a earned him accolades throughout his f very young age, and has become a liv- career, including his selection to the ing embodiment of the American EXPRESSING SENSE OF CONGRESS American College of Trial Lawyers—an dream. He possesses a superior legal REGARDING VALUE OF EDU- award given to less than one percent of CATION IN U.S. HISTORY mind, has distinguished himself within trial lawyers nationwide—and his nam- the legal profession, and is deeply com- ing to the Best Lawyers in America, a Mr. LOTT. Mr. President, I ask unan- mitted to upholding the very highest designation that is made by his col- imous consent that the Senate proceed standards of our nation’s judicial sys- leagues in the legal profession. to the immediate consideration of S. tem. Mr. Singal possesses precisely the Con. Res. 129, submitted earlier today Moreover, Mr. Singal has a wide kind of judicial temperament and expe- by Senators LIEBERMAN, SMITH of Or- range of experience serving as both a rience I think we should expect from egon, CLELAND, and others. prosecutor and as a defense attorney— all our judicial nominees. I am certain The PRESIDING OFFICER. The a deep understanding and appreciation this is due, in no small part, to his clerk will report the concurrent resolu- for the constitutionally mandated roles family’s background and the persever- tion by title. of the three branches of government— ance and work ethic they instilled in The assistant legislative clerk read and the enormous respect of his col- him as an immigrant brought to the as follows: leagues, a number of whom have con- United States by the ravages of World A concurrent resolution (S. Con. Res. 129) tacted me in support of his nomina- War II. expressing the sense of Congress regarding tion. Finally, and just as telling, he en- Further, his work during the late- the importance and value of education in joys bipartisan support across the 1960s in the office of then-Congressman United States history. State of Maine. Bill Hathaway undoubtedly impressed There being no objection, the Senate Consider what George’s background upon him the need for balance between proceeded to consider the concurrent says about his character and qualifica- the three branches of government. In resolution. tions. Born in a refugee camp in Italy fact, it is his broad range of experi- Mr. LOTT. Mr. President, I ask unan- after his family fled before the German ences that has undoubtedly instilled in imous consent that the concurrent res- invasion of his native Poland, he ar- Mr. Singal a proper perspective on the olution and the preamble be agreed to, rived in Bangor along with his sister appropriate role and appropriate con- en bloc, the motion to reconsider be and widowed mother in 1949. stitutional limitations of each branch laid upon the table, and any state- After graduating summa cum laude of our government. ments relating to the bill be printed in from my alma mater, the University of Clearly, George Singal has not only the RECORD. Maine in 1967, and becoming only the the professional qualifications to serve The PRESIDING OFFICER. Without second recipient of the highly re- us well on the federal circuit, but also objection, it is so ordered. spected Root-Tilden Scholarship in the the personal credentials to match. The concurrent resolution (S. Con. history of the university, George brief- My work with George over the past Res. 129) was agreed to. ly left our state to receive his law de- few weeks has only confirmed what I The preamble was agreed to.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00113 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.004 S30JN0 13414 CONGRESSIONAL RECORD—SENATE June 30, 2000 The concurrent resolution, with its (5) history teachers and educators at all wholesale power is now many times preamble, reads as follows: levels should redouble their efforts to bolster more complex than it was just a decade the knowledge of United States history S. CON. RES. 129 ago. With a stronger economy, elec- among students of all ages and to restore the Whereas basic knowledge of United States tricity usage and its importance to the vitality of America’s civic memory. history is essential to full and informed par- economy has increased. Due to the un- ticipation in civic life and to the larger vi- Mr. BYRD. Mr. President, will the certain nature of evolving retail and brancy of the American experiment in self- distinguished majority leader yield? wholesale electricity markets, many government; Mr. LOTT. I will be happy to yield. Whereas basic knowledge of the past serves utilities have cut investment that tra- Mr. BYRD. Mr. President, parliamen- ditionally enhanced the reliability of as a civic glue, binding together a diverse tary inquiry. Is my name on the mat- people into a single Nation with a common the nation’s grid. purpose; ter that was just acted on? The fact is that the voluntary agree- Whereas citizens who lack knowledge of The PRESIDING OFFICER. It is. ments just do not work any longer be- United States history will also lack an un- Mr. BYRD. I thank the Chair. cause there is no enforcement. With derstanding and appreciation of the demo- f the beginning of competition, we need cratic principles that define and sustain the Nation as a free people, such as liberty, jus- ELECTRIC RELIABILITY 2000 ACT a referee on the bulk-power system. A multitude of studies and incidents over tice, tolerance, government by the consent Mr. LOTT. Mr. President, I ask unan- of the governed, and equality under the law; the past several years show that the Whereas a recent Roper survey done for imous consent that the Senate proceed Nation’s reliability is at its lowest the American Council of Trustees and Alum- to the consideration of Calendar No. point in decades. Certain entities can ni reveals that the next generation of Amer- 642, S. 2071. ‘‘game’’ the transmission system—with ican leaders and citizens is in danger of los- The PRESIDING OFFICER. The ing America’s civic memory; potential of causing brownouts and clerk will report the bill by title. blackouts within a region—and suffer Whereas the Roper survey found that 81 The legislative clerk read as follows: percent of seniors at elite colleges and uni- no consequences for such actions. With versities could not answer basic high school A bill (S. 2071) to benefit electricity con- continued extreme heat predicted for level questions concerning United States his- sumers by promoting the reliability of the this summer, the problem will con- bulk-power system. tory, that scarcely more than half knew gen- tinue. Blackouts hit the San Francisco eral information about American democracy There being no objection, the Senate area and Detroit in the past month, and the Constitution, and that only 22 per- proceeded to consider the bill which and even the Northwest is facing short- cent could identify the source of the most fa- had been reported from the Committee mous line of the Gettysburg Address; ages this summer. Whereas many of the Nation’s colleges and on Energy and Natural Resources with As I said in February when I intro- universities no longer require United States an amendment, as follows: duced this bill, reliability is more than history as a prerequisite to graduation, in- (The amendment will be printed in a creating legally-enforceable rules on cluding 100 percent of the top institutions of future edition of the RECORD.) the electricity transmission grid. It higher education; Mr. GORTON. Mr. President, today I also includes cost-effective conserva- Whereas 78 percent of the Nation’s top col- urge the Senate to unanimously adopt leges and universities no longer require the tion and demand-side management. Re- study of any form of history; S. 2071, my bill also known as ‘‘the liability will be enhanced with open-ac- Whereas America’s colleges and univer- Electric Reliability 2000 Act.’’ The bill cess transmission policies and with sities are leading bellwethers of national pri- consists of a striking amendment more generation distributed through- orities and values, setting standards for the adopted in the Energy Committee and out the grid, whether it is small fuel whole of the United States’ education sys- sponsored by Senators MURKOWSKI, cells or larger plants with clean tech- tem and sending signals to students, teach- BINGAMAN, and myself. It includes the nology. Sending the right signals to ers, parents, and public schools about what original legislation and compromise every educated citizen in a democracy must the investment community will be know; language that addresses the concerns aided by passage of a truly comprehen- Whereas many of America’s most distin- of the States on this issue. sive bill next year that allows all re- guished historians and intellectuals have ex- We should be pro-active in addressing gions of the country—including the pressed alarm about the growing historical electricity reliability, and S. 2071 is the Northwest—the ability to benefit from illiteracy of college and university graduates correct approach at this time. The lan- a truly open and competitive market- and the consequences for the Nation; and guage has been endorsed by all of the Whereas the distinguished historians and place. All of these factors, along with intellectuals fear that without a common major groups associated with the elec- S. 2071, contribute to electricity reli- civic memory and a common understanding tricity industry, including investor- ability. of the remarkable individuals, events, and owned utilities, public power, rural co- The Electric Reliability 2000 Act is ideals that have shaped the Nation, people in operatives, states groups, reliability not a total solution to the electricity the United States risk losing much of what groups, power producers, and consumer reliability problem in this nation, but it means to be an American, as well as the organizations. Not only does this bill it is a solid start. Enacting this legisla- ability to fulfill the fundamental responsibil- provide a long-term solution to elec- tion will have immediate benefits for ities of citizens in a democracy: Now, there- tricity reliability by creating a na- fore, be it American consumers and the economy Resolved by the Senate (the House of Rep- tional reliability organization—mod- of the United States. resentatives concurring), That it is the sense eled loosely on the Securities and Ex- Mr. MURKOWSKI. Mr. President, I of Congress that— change Commission—it will give the rise in support of S. 2071. (1) the historical illiteracy of America’s Federal Energy Regulatory Commis- S. 2071 will promote the reliability of college and university graduates is a serious sion immediate authority to prevent our electric power grid. problem that should be addressed by the Na- blackouts this summer. I strongly support the enactment of tion’s higher education community; Enacting S. 2071 is critical for all (2) boards of trustees and administrators at this legislation, but there should be no institutions of higher education in the electricity consumers in the United misunderstanding that it does only United States should review their curricula States. This Nation’s interstate elec- part of the job of protecting con- and add requirements in United States his- tric transmission system is an ex- sumers. tory; tremely complex network that con- It establishes enforceable rules for (3) State officials responsible for higher nects with Canada and Mexico. It de- the use of the interstate transmission education should review public college and veloped over decades with various vol- grid, but it does not stimulate the con- university curricula in their States and pro- untary agreements that allow areas to struction of new generation and trans- mote requirements in United States history; work together depending on changing mission. (4) parents should encourage their children to select institutions of higher education power needs that vary from minute to New transmission and generation are with substantial history requirements and minute. Yet a fundamental change has essential if we are going to avoid elec- students should take courses in United made this voluntary system unwork- tricity shortages this summer and in States history whether required or not; and able. The system of buying and selling the future.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00114 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.004 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13415 While it is too late to avoid the prob- hour-to-hour and even minute-to- industry, including: the American Pub- lems this summer, if we start now it is minute. lic Power Association, the Edison Elec- not too late for the future. Many of these voluntary agreements tric Institute, the Electric Power Sup- The best way to ensure that con- were developed after a disastrous event ply Association, the Electricity Con- sumers have a reliable and reasonably- in 1965 that led to a major blackout in sumers Resource Council, the National priced supply of electricity is through New York City and throughout other Rural Electric Cooperative Associa- comprehensive legislation—which ad- parts of the Northeast. tion, and the Canadian Electricity As- dresses other impediments to competi- While this voluntary system has sociation. tion. worked well for the past 35 years, fun- The proposal follows the model of the Along with provisions to stimulate damental changes in the electric power Securities and Exchange Commission construction of new generation and industry are making this voluntary in its oversight of the securities indus- transmission, it is essential that we re- system less workable for the future. try’s self-regulatory organizations—the peal both the Public Utility Holding With the expansion of competition in stock exchanges and the National As- Company Act, PUHCA, and the Public the wholesale electric power market— sociation of Securities Dealers. Utility Regulatory Policies Act, starting with the 1992 Energy Policy Let me now describe the key ele- PURPA. Act—the system of buying and selling ments of S. 2071. S. 2071 helps protect grid reliability Both PUHCA and PURPA have long wholesale power is now many times by creating an industry-run, FERC out-lived their usefulness, and they are more complex than it was less than a overseen, organization that sets en- now hurting both consumers and com- decade ago. forceable rules for the use of the inter- With a stronger economy, electricity petition. state transmission grid. PUHCA prevents electric utilities usage has increased while thousands of It also has provisions to ensure that and others from fully competing in the new electricity marketers and buyers States have an appropriate role in pro- electric power market, and that hurts have created new stresses on the sys- moting reliability. competition. tem. S. 2071 authorizes the establishment PUHCA is an archaic 65-year-old law Moreover, the emergence of competi- of a self-regulating Electric Reliability that has long outlived its usefulness. tion in the wholesale power market has Organization. Sixty five years ago PUHCA was changed the ability and willingness of Both the establishment of the Elec- needed to protect consumers, but other market participants to act voluntarily, tric Reliability Organization and the laws and Federal agencies now fully particularly when it is not in their eco- reliability rules it establishes are sub- protect consumers. nomic interest to do so. ject to approval and oversight by the Thus, repeal of PUHCA would benefit As a result, the existing scheme of FERC. consumers by enhancing competition voluntary compliance with voluntary The legislation spells out specific cri- without any loss of any needed con- industry reliability rules is simply no teria required for the new Electric Re- sumer protections. longer adequate. liability Organization. In essence, the Legislation to repeal PUHCA is on There has been a marked increase in requirements are that the Organization the Senate Calendar, S. 313, Calendar the number and seriousness of viola- be independent and fair. No. 23, and I would urge that the Sen- tions of voluntary reliability rules. The Electric Reliability Organization ate move to its consideration. Under a voluntary system, there is would establish, monitor and enforce Turning now to PURPA, it also no penalty for violating a reliability compliance with reliability standards harms consumers, and thus deserves to standard. for the interstate bulk power system. be repealed. The users and operators of the sys- The legislation does not give the PURPA makes electric utilities pur- tem, who used to cooperate voluntarily Electric Reliability Organization or chase power whether or not they need on reliability matters, are now com- any affiliated regional reliability enti- it, and to pay so-called ‘‘full avoided petitors without the same incentives to ty any authority to build or to pay for cost’’ for that power whether or not cooperate with each other or comply the building of any transmission or that price is above true market price. with voluntary reliability rules. other facility necessary for a bulk And these costs are just passed on to For example, last summer during an power user to comply with a reliability consumers through higher electricity extremely hot period one Midwest util- requirement. The reliability standards established prices. ity took without any penalty electric by the Electric Reliability Organiza- It is estimated that as a result of power from the grid that it was not en- tion would be mandatory on all owners, PURPA consumers are today paying $8 titled to. users and operators of the interstate billion per year extra for their elec- It did so without even informing bulk power system. tricity. other utilities on the grid what it was The cost of complying with a reli- I would have liked to bring to the doing. ability requirement is the responsi- floor comprehensive legislation, such This action came close to jeopard- bility of bulk power users, not the as the bill which I introduced, S. 2098, izing power reliability in several Electric Reliability Organization or but I could not reach agreement with States. any affiliated regional reliability enti- my Democratic colleagues on the Com- This legislation will prevent that ty. mittee. kind of inappropriate activity in the The reliability standards only con- As a result, we were able to report future. cern the operational security of the only this more limited measure to cre- In order to maintain grid reliability, bulk power system. They do not deal ate rules of the road for our interstate rules must be made mandatory and en- with generation adequacy, reserve mar- electricity transmission grid. forceable, and fairly applied to all par- gins; distribution system reliability; I will now discuss the background ticipants in the electricity market. safety; transmission siting; or retail and need for this legislation. To address this need, more than a customer choice plans. The Nation’s interstate electric year ago a group of electricity industry Activities conducted in compliance transmission grid is an extremely com- officials began meeting to develop leg- with the statutory requirements re- plex network that is also inter- islative language. ceive a rebuttable presumption of com- connected with the transmission grids As a result of this effort, the North pliance with the Federal antitrust of Canada and Mexico. American Electric Reliability Council laws. It has developed over decades with and a broad coalition of industry orga- Until the new Electric Reliability Or- various voluntary agreements between nizations have jointly proposed the ganization is up and running, the exist- utilities and others that allow areas to language which is embodied in S. 2071. ing North American Electric Reli- work together to respond to changing The legislation is supported by vir- ability Council and its individual re- power needs that vary from day-to-day, tually all aspects of the electric power gional reliability councils may file

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00115 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.004 S30JN0 13416 CONGRESSIONAL RECORD—SENATE June 30, 2000 with FERC those existing reliability Mr. BAUCUS. I also thank the chair- Mr. REID. Six. standards they propose to be manda- man for his clarification. Mr. LOTT. Plus, if you have a sub- tory in the interim. Mr. LOTT. Mr. President, I ask unan- stitute and then you have, let’s just The Electric Reliability Organization imous consent that the committee say, one or two related germane may delegate authority to implement amendment in the nature of a sub- amendments, then you have five and enforce regional standards to an stitute be agreed to. amendments on each side—that is 10 Affiliated Regional Reliability Entity, The committee amendment in the amendments—and even if we got a time which can enforce reliability standards nature of a substitute was agreed to. agreement, you are talking about 12, or and take disciplinary action against Mr. LOTT. Mr. President, I ask unan- more, or 14 hours, which would be a system operators and users. imous consent that the bill be read a minimum of 2 days. As I said before, the real way to pre- third time and passed, as amended, the The problem we have in July is that vent brownouts and blackouts is motion to reconsider be laid upon the we now have completed six appropria- through comprehensive legislation that table, and any statements relating to tions bills, meaning there are still stimulates the construction of new the bill be printed in the RECORD. seven we have to get done. The PRESIDING OFFICER. Without generation and transmission. I hope that, at a minimum, we get objection, it is so ordered. This legislation will help, but much, five or six more done in July because much more needs to be done. The bill (S. 2071), as amended, was read the third time and passed. they are very important bills that need I urge my colleagues to support this to get completed so they can get in legislation and to pass it without f conference with the House, so they can amendment. DEATH TAX ELIMINATION ACT be sent to the President, so hopefully Mr. SMITH of New Hampshire. Mr. he can sign them. President, I commend the chairman of Mr. LOTT. Mr. President, I ask unan- We are talking about Agriculture; In- the Committee on Energy and Natural imous consent that the Senate now terior; Housing and Urban Develop- Resources on this important piece of turn to the estate tax repeal bill. ment; Treasury-Postal Service; Com- legislation. I believe that this legisla- The PRESIDING OFFICER. Is there merce-State-Justice—these are big, im- tion, and the electric reliability orga- objection? Mr. REID. Reserving the right to ob- portant appropriations bills. We have nizations created by this legislation, ject. In fact, I should object. I object. all those we have to do in July—a 3- will significantly improve the reli- The PRESIDING OFFICER. Objec- week period—plus we have to do the ability of our transmission system. I tion is heard. understand that a question has been marriage penalty tax elimination. Mr. REID. Mr. President, I ask unan- I think there is an overwhelming de- raised, however, about the potential imous consent that when the Senate scope of authority of these electric re- sire to get that done, on both sides of considers the estate tax bill, it be con- the aisle, although we still disagree on liability organizations and specifically sidered under the following limitation: their authority to waive environmental how to get it done. But the Finance That the bill be limited to relevant Committee has reported that out in a requirements. I would like to seek clar- amendments, with the following ex- ification of this issue. It is my under- reconciliation bill. And there is a de- emptions of the minority: estate taxes sire to do the China PNTR. standing that nothing in this legisla- and tuition tax deductibility; second, tion in any way waives or modifies any I know we don’t have the time to set estate taxes and Medicare prescription aside 2 whole days in the midst of all environmental requirements, or ex- drug benefit; third, estate taxes and empts any facilities covered by the bill that for the death tax. If we could just long-term care tax credit; next, estate agree to a substitute and germane from any otherwise applicable federal taxes and Medicare off budget; next, es- amendments—this is a bill that passed or State environmental law or regula- tate taxes and retirement savings tax the House overwhelmingly. Sixty-five tions, including the requirements of incentives; and, finally, estate taxes Democrats voted for it. Members in the the Clean Air Act, the Clean Water and kid savings accounts; that all first- House, regardless of region or race or Act, the Resource Conservation and degree amendments be subject to rel- sex, voted for it. Why does the Senate Recovery Act, the Endangered Species evant second-degree amendments, and need to get into all these other non- Act, or any other environmental law. that there be a time limitation of 1 related matters? Mr. BAUCUS. Mr. President, I share hour for debate, equally divided in the But I understand there are Senators the concerns that have been raised usual form, on all amendments. about the potential scope of authority I also say, just taking another brief on the Democratic side who wish to of the electric reliability organizations minute, that at least one of our Mem- have a debate and votes on these other and would also seek clarification on bers believes it would be appropriate matters. I believe they will probably this point. It is my understanding that that we should not be able to bring this have an opportunity to come up on in addition to not diminishing or af- estate tax legislation forward until we other bills before the session is out. fecting any environmental obligations, dispose of the China PNTR legislation. But that is why I object at this time. this legislation does not authorize the The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Objec- electric reliability organizations to di- objection? tion is heard. rect or authorize any covered facility Mr. LOTT. Mr. President, reserving Mr. REID. Will the Senator yield? to violate or disregard the require- the right to object, Senator DASCHLE Mr. LOTT. Under my reservation, I ments of any Federal or State environ- and I have been discussing this matter yield to Senator REID. mental law or regulation. in the hope that we could work out an Mr. REID. I say to my friend, I think Mr. MURKOWSKI. Mr. President, the agreement as to how we could proceed. what we have done these last 4 days chairman and ranking member of the We had discussed the possibility of cer- shows we can move through things Committee on Environment and Public tainly a substitute being in order on very quickly. There were over 150 Works are both correct that the legis- the estate tax legislation. I believe the amendments after we worked on the lation will not affect or modify any re- Senator from New York, Mr. MOY- bill a couple days. So we probably re- quirements of our important environ- NIHAN, had a substitute, or others, per- solved over 200 amendments in the mental laws or authorize the electric haps, joining with him would have a Labor-HHS bill. reliability organizations to waive or substitute, and other related or ger- But I also say, in the short time I modify those requirements. mane amendments to that issue. We have been in the Senate, we have had Mr. BINGAMAN. Mr. President, I even offered the possibility of having some tax bills with hundreds of amend- concur with the clarification by the two nongermane amendments on each ments and we have been able to work chairman. side. our way through those in some way. Mr. SMITH of New Hampshire. I Our problem gets to be when you go As with the leader, we on this side of thank the chairman for this important to five or six—I don’t know how many the aisle think there should be some clarification. were included in that list. change in the estate taxes. We want to

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00116 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.004 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13417 do that. We are getting the same calls under rule XXII, the Chair directs the The PRESIDING OFFICER. The mo- you are. clerk to read the motion. tion is withdrawn. But I say to my friend, we would be The legislative clerk read as follows: f willing to take time agreements on CLOTURE MOTION these amendments. I am certain we We the undersigned Senators, in accord- ORDERS FOR MONDAY, JULY 10, could finish the amendments in one ance with the provisions of rule XXII of the 2000 good, long day. We would take time Standing Rules of the Senate, do hereby Mr. LOTT. Mr. President, I ask unan- agreements on these amendments. move to bring to a close debate on the mo- imous consent that when the Senate On tax bills that have traditionally tion to proceed to Calendar No. 608, H.R. 8, a completes its business today, it stand been brought up in the Senate, we have bill to amend the Internal Revenue Code of 1986 to phase out the estate and gift taxes in adjournment until 1 p.m. on Mon- not had any restrictions on them. We day, July 10, under the provisions of S. will agree to have some restrictions, over a 10-year period: Trent Lott, Bill Roth, Charles Grassley, Con. Res. 125. I further ask that on but we think this would be appropriate. Monday, immediately following the We will be happy to have our staffs Larry E. Craig, Chuck Hagel, Jeff Ses- sions, Pete Domenici, Strom Thur- prayer, the Journal of proceedings be work on this during the break, and as mond, Jon Kyl, Thad Cochran, Jim approved to date, the morning hour be soon as we get back, the two leaders Bunning, Craig Thomas, Kay Bailey deemed expired, the time for the two can again talk about this. We do want Hutchison, Susan M. Collins, Don Nick- leaders be reserved for their use later to bring up the estate taxes. les, and Wayne Allard. in the day, and that then the Senate Mr. BAUCUS addressed the Chair. Mr. LOTT. Mr. President, this clo- Mr. LOTT. Mr. President, if I may re- proceed to the consideration of H.R. ture vote will occur on Tuesday, July 4578. spond to that, just briefly. 11. I will notify all Members as to the After the good work that has been The PRESIDING OFFICER. Without time of the vote. In the meantime, I done, in a bipartisan way, this past objection, it is so ordered. ask unanimous consent that the man- week, and after having participated in datory quorum under rule XXII be f the effort that was just made to com- waived. plete action on the military construc- ORDER FOR RECORD TO REMAIN The PRESIDING OFFICER. Is there tion appropriations conference report, OPEN objection? Mr. LOTT. Further, I ask unanimous it has restored my faith that anything Mr. REID. Mr. President, reserving consent that the RECORD remain open is possible in the Senate. I hope we can the right to object, I would say there is until 3:30 p.m. today for the submission continue to work to find a way to re- a strong possibility we may not need a of statements. solve this and get it considered other vote on this motion to proceed. The PRESIDING OFFICER. Without than through the cloture process. I am Mr. LOTT. If I may respond, I hope objection, it is so ordered. going to hold out hope until the very we can work through that. I thought last minute that we can get that done. maybe that would be the case. I want f So we will continue to work. Our to say, again, I am still hoping we can staffs have been exchanging proposals, PROGRAM come to an agreement to have some and we will continue to do that right limited number of amendments that Mr. LOTT. For the information of all up until the time we need to begin vot- would be offered. Then we would be Senators, on Monday, July 10, the Sen- ing, which would be, I guess, Tuesday able to vitiate this whole thing. ate will begin consideration of the In- or Wednesday of the week we return. In view of the time in July, I felt I terior appropriations bill. We will be Under my reservation, I yield to the looking forward to having the Pre- Senator from Montana. needed to go ahead and get the process moving. And we still would have that siding Officer on the floor managing Mr. BAUCUS. I thank the majority that important legislation. I am sure it leader very much. I assure him, as a option right up until Tuesday when we come back. will move expeditiously. Opening state- member of the Finance Committee, we ments will be made and amendments definitely plan to take up some form of Mr. REID. Under my reservation, Mr. President, I also say we have worked will be offered during the day. Senators estate tax reform. I don’t know what who intend to offer amendments are version it would be, but clearly that very closely with Senator BAUCUS and Senator MOYNIHAN in trying to come encouraged to contact the bill man- has to pass this year. agers during the recess in preparation In addition, however, I do believe up with an alternative, and some other matters that we believe should be for consideration of the bill. Senators there is one other matter that is even should be aware that the next rollcall more important than estate tax re- brought up with this piece of legisla- tion. vote will occur on Monday, July 10, at form, and that is PNTR for China. It approximately 5:30 p.m. far transcends appropriations bills, For example, in 1992, under a tax bill marriage penalty relief, bankruptcy re- that came before the Senate, we, on f the 25th, started considering that. We form. Getting PNTR passed in July, I ORDER FOR ADJOURNMENT think, is of such urgency and is so im- had 105 amendments, and a day and a portant that I am constrained to object half later it was all done. That legisla- Mr. LOTT. If there is no further busi- to any unanimous consent request that tion was totally passed. We had a num- ness to come before the Senate, I ask sets the schedule for July unless it also ber of amendments that were even of- unanimous consent the Senate stand in includes a time when we are going to fered by our majority leader on that adjournment under the provisions of S. take up PNTR. I know the leader important legislation. There was a Con. Res. 125, following the remarks of knows that is my view. I just hope that wide range of amendments offered deal- Senators BYRD, WARNER, and LEVIN. in working with the leader, we can ing with dental schools, tractors, and The PRESIDING OFFICER. Without work out some accommodation to all kinds of things. objection, it is so ordered. reach that objective. So we can work out a way through Mr. LOTT. I yield the floor. this. I think the proposal by the minor- The PRESIDING OFFICER. The Sen- f ity that we take up six amendments, ator from Virginia. MOTION TO PROCEED—H.R. 8 with time limits, is something the ma- f CLOTURE MOTION jority leader should take another look Mr. LOTT. Mr. President, in light of at. NATIONAL DEFENSE the objections—and I do object—I now The PRESIDING OFFICER. Is there AUTHORIZATION ACT move to proceed to H.R. 8 and send a objection? Mr. WARNER. Before our distin- cloture motion to the desk. Without objection, it is so ordered. guished leader departs the floor—mo- The PRESIDING OFFICER. The clo- Mr. LOTT. Mr. President, I now with- mentarily I will propound a unanimous ture motion having been presented draw the motion. consent request which takes us another

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00117 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.004 S30JN0 13418 CONGRESSIONAL RECORD—SENATE June 30, 2000 step forward in the authorization bill Mr. WARNER. Mr. President, we the celebration requires extra fanfare, for the Armed Forces—I wish to thank thank Senator BYRD. He has been an even more spectacular displays of fire- the distinguished leader and, indeed, integral part of these negotiations, to- works, and an even bigger party, akin the minority leader for their tireless gether with Senator ROTH and others. I to the gala bashes of last New Year’s assistance, and that of Senator REID, am hopeful that matter can be resolved Eve. However, in reality, the millen- and of course, Senator LEVIN. They in the future. nial Independence Day celebration co- have enabled us to move this another The PRESIDING OFFICER. Is there incides with the 225th anniversary of important step forward. I thank them objection to the unanimous consent re- the signing next year, in 2001. So I, at on that. quest? Without objection, it is so or- least, will reserve my extra sparklers f dered. and Roman candles for next year. Mr. WARNER. Mr. President, I thank I will not, however, let any confusion VITIATION OF THE ADOPTION OF my distinguished colleague, Senator over the new century/new millennium AMENDMENT NOS. 3231 AND 3418 LEVIN, who has worked with me stand in the way of one of my favorite Mr. WARNER. Mr. President, I ask throughout on this bill. For 22 years we holidays. The Fourth of July is a unanimous consent that the adoption have been together, and our respective standout. It is one of the few holidays of amendment Nos. 3231 and 3418 of the chiefs of staff. It has been entirely sep- still celebrated on the actual anniver- Defense authorization bill be vitiated. arate, but we have achieved another sary of the day, as opposed to being ap- The PRESIDING OFFICER. Without milestone. Now it appears to me that pended to a weekend for convenience’s objection, it is so ordered. we will be able to come to the Senate sake. Though sales may beckon from Mr. WARNER. To explain this, these at a time convenient to our leadership nearby shopping malls, the holiday is were two gold medals. Unintentionally, and complete action on the annual De- not obscured beneath any major sport- the proponents of those amendments fense authorization bill. I believe this ing event. did not recognize that the Banking will be 42 consecutive times the Senate There are no 4th of July college foot- Committee had an important role to has passed this wide piece of legisla- ball championships, no basketball play. Both proponents are now working finals, no baseball World Series games with the chairman and ranking mem- tion for the men and women in the to divide families into the camps of the ber of the Banking Committee. In the Armed Forces and, indeed, the security of the Nation. I yield the floor. spectators and the ignored. The 4th of case of Senator CLELAND, he has over 68 July is instead, typically, celebrated signatures on a gold medal for the dis- Mr. LEVIN. Mr. President, I notice by families and friends in the great tinguished former NATO Supreme Al- our staffs are smiling as well because beauty of the outdoors. lied Commander, General Clark, in- this has been a big effort on their part. Some years, the weather is perfect, cluding the signature of the Senators With all the years we have put in to- with blue skies, moderate tempera- from Virginia and from Michigan. That gether, we will not be able to catch up tures and low humidity, when the request has been granted? to Senator BYRD, but we are going to The PRESIDING OFFICER. It has. keep using him as our role model. American flags are fanned by gentle The PRESIDING OFFICER. The Sen- breezes—the kind of a day that fills me f ator from West Virginia. with a sense of exhilaration and antici- UNANIMOUS CONSENT Mr. BYRD. I thank the chairman and pation. Other years, the weather is al- AGREEMENT—S. 2549 ranking member of the Armed Services most unbearably hot and sticky, the Mr. WARNER. Mr. President, I ask Committee for the excellent work they flag hangs limply from the pole, and unanimous consent that the only first- have consistently given to this legisla- sun screen mingles with sweat to turn degree amendments remaining in order tion, the many times they have picnickers into melting human to the Department of Defense author- brought it to the floor of the Senate. popsicles. But even these sweltering ization bill, S. 2549, be limited to The distinguished Senator from Vir- days can be relieved by mimicking amendments that are relevant to the ginia, Mr. WARNER, and I worked to- childrens’ refreshing runs through a provisions of the bill and on the finite gether on several amendments. I am al- water sprinkler arcing manmade rain- list of amendments in order to the bill, ways happy to have his cooperation bows across the yard, or by dousing the that these first-degree amendments be and his cosponsorship. He is a man heat with gallons of tart lemonade and subject to relevant second-degree whose heart is as stout as an Irish oak sweet watermelon chilled in a tub of amendments, provided further that the and as pure as the Lakes of Killarney. ice. On summer days like these, people first-degree amendments must be filed As to the distinguished ranking still resort to rocking chairs on porch- at the desk by close of business Friday, member, the Bible says: Seest thou a es and paper fans waved lazily before June 30, 2000. man diligent in his business? He shall faces, much as they did when I was a I further ask unanimous consent that stand before Kings. Senator LEVIN has boy in the days before air conditioning. it be in order for the two managers to already stood before Kings and will The highlight of the day, is, of send to the desk any packages of probably stand before more if there are course, the fireworks. My favorite time amendments that are relevant and any left. of this holiday comes as the tempera- from the finite list of amendments in Mr. WARNER. We thank our distin- tures cool and the skies darken, and order to the bill and that these amend- guished former majority leader and a the fireflies’ display hints of the light ments be cleared by both managers of member of the Armed Services Com- show to come. I cannot wait to see my the legislation. mittee for his kind remarks. little great-granddaughter Caroline’s The PRESIDING OFFICER. Is there Mr. BYRD. I thank both of my col- expression as she is presented with the objection? leagues. mysteries of smoke worms, sparklers, Mr. LEVIN. Mr. President, we do not f and Roman candles. I hope that she object. Quite the contrary; we thank will not be so afraid of the explosive the distinguished chairman of our com- THE FOURTH OF JULY booms of the big fireworks that she mittee and the leaders, both majority Mr. BYRD. Mr. President, in a few cannot enjoy the fiery display, the cas- and minority, for their good work, and short days, our Nation will celebrate cades of red, blue, green, and golden also Senator REID, who has worked so for the 224th time the signing of the sparks drifting down over our heads. hard on this, and all the other Senators Declaration of Independence. For some, It is alright for her to be afraid, of who have cooperated to make this the occasion will take on an unwar- course. After all, those fireworks, so unanimous consent agreement possible. ranted special significance because festive now, recall the great battles I also thank Senator BYRD, who has there are people who have been led to fought by our young nation to gain its been waiting very patiently, so we believe—in some cases misled, I would independence from mighty Britain. could dispose of this important meas- say—that this is the first Independence Two-hundred and twenty-four years ure. Day of the new millennium. For them, ago, on a similar hot summer night,

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00118 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.004 S30JN0 June 30, 2000 CONGRESSIONAL RECORD—SENATE 13419 little Caroline’s patriotic forbearers their minds by reading or their muscles tion’s schoolchildren. It is my hope might have feared for their lives as the by playing outdoors, have come to that this amendment will encourage cannons boomed and the flintlocks this—a nation of increasingly over- teachers and students to take a deeper cracked. The parades we watch today weight children who spend increasing look at the importance of our nation’s are a faint reminder of the lines of numbers of hours watching moronic past. troops that may have tramped with and scatological so-called humor on A Supreme Court ruling just a few grim faces through colonial towns on television and who do not learn the his- days ago would take prayer out of our their way to battle with the redcoats. tory behind some of the most funda- school functions, about which I will So it is, perhaps, good to be a little mental tenets underlying our system of have more to say on a future day. It afraid when watching 4th of July fire- government. It is a disgrace—a colossal seems that knowledge is already in works. It may be the closest many of disgrace. Perhaps we should attempt to short supply there. The early patriots our children come to reliving this im- restrict books and learning, in order to who established our great nation, and portant time in the history of our Re- make them more desirable ‘‘forbidden who inscribed on the Liberty Bell a public. fruits’’ in our children’s eyes. quotation from Leviticus 25:10, ‘‘Pro- Probably most children watching 4th I do not want to put the blame for claim liberty throughout all the land of July fireworks do not fully under- this sad state of affairs entirely on par- to all the inhabitants thereof,’’ would stand the link between the holiday and ents or even on our lowest-common-de- surely be surprised at this sad turn of this day in our nation’s past. That our nominator-seeking entertainment in- events. Trained in the classics, steeped children know little about history is dustry. Another recent review, this in history as surely as that tea was not news. Poll after poll in recent time, of high school textbooks by the steeped in Boston Harbor’s waters, years has alerted us to huge gaps in American Association for the Advance- they readily mingled faith and learn- historical knowledge among our na- ment of Science, slammed biology and ing, and valued both. tion’s schoolchildren. Once again, a re- science textbooks, in particular, as I hope that on this 4th of July, some cent test of young peoples’ knowledge missing the big picture behind the four few imaginative parents might encour- of history, in this case, the history of basic ideas driving today’s cutting edge age their children to see, not the our own nation, has demonstrated a research. Not one of the two dozen biol- smoke of the backyard grill, but the sorry—and if I may add—scandalous ig- ogy texts reviewed by the group, which smoke of battle; to hear, not the explo- norance. What is disconcerting about are aimed at grades 9–12, were consid- sions of fireworks but the percussive this most recent report is that it re- ered excellent or satisfactory. Other re- thunder of cannons; and to spark in flects the knowledge base of college views in the past of history books have these young minds not a taste for fire- seniors from some of the best colleges illustrated similar deficiencies. I fear crackers but a taste for history. and universities in the nation, not that we are nowhere close to answering Our Founding Fathers gambled so younger children with many years of the century-plus old prayer by Charles much for our freedom. They invested learning still ahead of them. If those Kingsley—‘‘I hope that my children, at their lives, their families, their for- who do not learn from history are truly least, if not I myself, will see the day tunes, and the best of their intellects, doomed to repeat it, then I shudder to when ignorance of the primary laws in winning our freedom and then pro- think how much our future might re- and facts of science will be looked upon tecting it with a marvelously thought- semble that silly movie, ‘‘Groundhog as a defect only second to ignorance of out system of government. For 224 Day.’’ the primary laws of religion and moral- years, it has withstood the tests of his- The test, sponsored by the American ity.’’ We are, instead, closer to ful- tory. Our Constitution, our govern- Council of Trustees and Alumni, and filling the prediction by Robert A. ment, our nation, has bested every ef- administered by the University of Con- Heinlein that ‘‘A generation which ig- fort to bring it down. It has proved ca- necticut, consisted of asking college nores history has no past—and no fu- pable of stretching to cover millions seniors at 55 top colleges and univer- ture.’’ sities some 34 questions from a high In light of this dismal knowledge of more acres, millions more people, and school-level American history test. I our national history, I have today of- millions of new circumstances, the was very sorry to read that nearly 80 fered an amendment to the Labor, likes of which Thomas Jefferson, percent of those tested earned only a Health and Human Services Appropria- James Madison, John Adams, George ‘‘D’’ or an ‘‘F.’’ A mere 23 percent could tions Bill to provide $50 million—just a Washington, Benjamin Franklin, and identify James Madison as the prin- little seed corn—to the Secretary of their peers could not have dreamed. If cipal framer of the Constitution. More Education to award grants to states to we are to appreciate their gift, if we than a third did not know that the develop, implement, and strengthen are to carry on their legacy, we must Constitution established the division of programs that teach American history learn about it, care about it, and share powers in American government. Just as a separate subject within school cur- it with our children. I would not wish 60 percent could correctly select the 50- ricula. to visit upon our children, through ig- year period in which the Civil War oc- It doesn’t mean social studies. That norance, the fate of the protagonist curred. is about all they have today. Some peo- Philip Nolan in ‘‘Man Without a Coun- Imagine that. Just 60 percent could ple look upon social studies and claim try.’’ correctly select—in other words, 40 per- that is history. I have nothing against I believe it was written by Edward cent could not correctly select—the 50- social studies, except it is not history. Everett Hale. I read it many years ago. year period in which the Civil War oc- What I am suggesting here by way of It would be well if our schoolchildren curred—not the correct years, or even this $50 million amendment is that the and even our adults would read it the correct decade, but the correct half Secretary of Education award grants to today. century! A scant 35 percent could cor- States to develop, implement, and Philip Nolan’s sentence in ‘‘Man rectly name the President in office at strengthen programs that teach Amer- Without a Country,’’ for wanting to re- the start of the Korean War. It was, for ican history—not social studies. The nounce his country, was to forever sail the record, President Truman. schools may, if they wish, teach social upon the high seas never again hearing But, 99 percent of these college sen- studies. But this is American history news from home, not even the name of iors correctly identified Beavis and as a separate subject within the school the homeland that he finally comes to Butthead as television cartoon char- curriculum. The importance of Amer- realize that he loves. Our children acters. That is a sorry commentary, in- ican history is too often undervalued in should recognize the gift that is their deed. Years of experts advising parents our nation’s classrooms. As I have al- birthright, and they deserve sufficient to limit and monitor their children’s ready indicated, poll after poll in re- knowledge of their history to appre- time in front of the television, and to cent years has alerted us to huge gaps ciate and protect the liberties that encourage their children to stretch in historical knowledge among our na- they enjoy.

VerDate jul 14 2003 10:21 Nov 03, 2004 Jkt 039102 PO 00000 Frm 00119 Fmt 0686 Sfmt 0634 E:\BR00\S30JN0.004 S30JN0 13420 CONGRESSIONAL RECORD—SENATE June 30, 2000 I know that my knowledge of our Na- I like the gardens of Versailles with flashing AGENCY FOR INTERNATIONAL DEVELOPMENT tion’s history, and my study of the doc- fountains filled; EVERETT L. MOSLEY, OF VIRGINIA, TO BE INSPECTOR uments and lives that shaped it, only But, oh, to take your hand, my dear, and GENERAL, AGENCY FOR INTERNATIONAL DEVELOP- MENT, VICE JEFFREY RUSH, JR. deepen my love for my Nation. I have [travel] for a day In friendly [West Virginia hills] where Na- been fortunate. I have been blessed by THE JUDICIARY ture has her way! the Creator, blessed by the God who ROGER L. GREGORY, OF VIRGINIA, TO BE UNITED I know that Europe’s wonderful, yet some- STATES CIRCUIT JUDGE FOR THE FOURTH CIRCUIT, VICE reigns over the destinies of nations— thing seems to lack: A NEW POSITION CREATED BY PUBLIC LAW 101–650, AP- blessed to live a full life with many op- The Past is too much with her, and the peo- PROVED DECEMBER 1, 1990. portunities for travel, but always, I ple looking back. DEPARTMENT OF COMMERCE share the sentiments in the poem by But the glory of the Present is to make the Future free,- MARJORY E. SEARING, OF MARYLAND, TO BE ASSIST- Henry Van Dyke, ‘‘America for Me.’’ ANT SECRETARY OF COMMERCE AND DIRECTOR GEN- AMERICA FOR ME We love our land for what she is and what ERAL OF THE UNITED STATES AND FOREIGN COMMER- she is to be. CIAL SERVICE, VICE AWILDA R. MARQUEZ, RESIGNED. ‘Tis fine to see the Old World, and travel up and down Oh, it’s home again, and home again, Amer- IN THE ARMY ica for me! Among the famous palaces and cities of re- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT nown, I want a ship that’s westward bound to IN THE UNITED STATES ARMY TO THE GRADE INDICATED To admire the crumbly castles and the stat- plough the rolling sea, WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ues of the kings,- To the blessed Land of Room Enough beyond But now I think I’ve had enough of anti- the ocean bars, To be lieutenant general Where the air is full of sunlight and the flag quated things. MAJ. GEN. FREDDY E. MCFARREN, 0000 So it’s home again, and home again, America is full of stars. for me! Mr. President, I yield the floor. f My heart is turning home again, and there I f long to be, In the land of youth and freedom beyond the ADJOURNMENT UNTIL 1 P.M. CONFIRMATIONS ocean bars, MONDAY, JULY 10, 2000 Where the air is full of sunlight and the flag Executive nominations confirmed by is full of stars. The PRESIDING OFFICER. The Sen- the Senate June 30, 2000: Oh, London is a man’s town, there’s power in ate stands adjourned under the provi- THE JUDICIARY the air; sions of S. Con. Res. 125. And Paris is a woman’s town, with flowers in Thereupon, the Senate, at 2:44 p.m., PAUL C. HUCK, OF FLORIDA, TO BE UNITED STATES her hair; DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF adjourned until July, 10, 2000, at 1 p.m. FLORIDA. And it’s sweet to dream in Venice, and it’s JOHN W. DARRAH, OF ILLINOIS, TO BE UNITED STATES great to study in Rome f DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF ILLI- But when it comes to living there is just no NOIS. NOMINATIONS JOAN HUMPHREY LEFKOW, OF ILLINOIS, TO BE UNITED place like home. STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT Executive nominations received by OF ILLINOIS. I like the German fir-woods, in green battal- GEORGE Z. SINGAL, OF MAINE, TO BE UNITED STATES ions drilled; the Senate June 30, 2000: DISTRICT JUDGE FOR THE DISTRICT OF MAINE.

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SPECIAL 80TH BIRTHDAY TRIBUTE mother, one can certainly say she may be one CELEBRATING THE HISTORY OF TO SYLVIA ENGEL year older than last year, but she’ll never be THE MOTHER ROAD: BARSTOW old. OPENS A ROUTE 66 MUSEUM HON. ELIOT L. ENGEL Congratulations, and Mazel Tov, mom. May OF NEW YORK you have many, many more years of life’s HON. JERRY LEWIS IN THE HOUSE OF REPRESENTATIVES pleasures, and may you continue to brighten OF CALIFORNIA Thursday, June 29, 2000 the lives of all those you touch. IN THE HOUSE OF REPRESENTATIVES Mr. ENGEL. Mr. Speaker, of the many f Thursday, June 29, 2000 things I’ve put into the CONGRESSIONAL RECORD, this one gives me the most pleasure. MEDICARE RX 2000 ACT Mr. LEWIS of California. Mr. Speaker, this Today, on June 29, 2000, my mother is cele- will be a very special Independence Day in brating her 80th birthday. SPEECH OF Barstow, California where we will celebrate the My mother, Sylvia Engel, or SeRoy as ev- HON. ERNEST J. ISTOOK, JR. opening of a museum commemorating Route eryone calls her, has always been the prover- 66, the Mother Road that led millions of Amer- OF OKLAHOMA bial ‘‘live wire.’’ When I was a little boy, she icans west to the promise of unlimited dreams would take me to see her roller skate in the IN THE HOUSE OF REPRESENTATIVES and horizons in the Golden State. roller derby practices. She also is an accom- Wednesday, June 28, 2000 The opening of the museum on July 4 will plished actress, and would perform on stage provide a delightful reminder that the towns in community and off-Broadway shows. I al- Mr. ISTOOK. Mr. Speaker, I want prescrip- tion drugs to be available and affordable, but and cities of my district provided the hospitality ways say that my ability to speak in front of and welcome to most of those Americans groups stems from watching my mother do the this is not the way to do it. If something is overpriced, it’s nonsense to have government making the long drive West. Barstow was— same, since I was a little boy. She was always and remains—a friendly oasis from the hours- very outgoing and to this day goes bowling step in and agree to pay that inflated price. That is not good stewardship of public money. long drive across the great Mojave Desert. every week, and until just a few years ago di- Visitors will have a chance to remember the rected the singing and dancing shows at her Congress should be holding hearings about price-fixing allegations, and about whether exciting early days of driving America’s high- condominium in Florida. ways with old photographs, road signs and a My mother has always been a very kind there is price-gouging of American patients, to subsidize overseas sales of prescription drugs. vintage 1926 Dodge touring sedan. The mu- person, loving and caring to her family, one, seum has visionary plans of returning Barstow who along with my father always taught me But if costs are exorbitant, it’s wrong-headed to use tax dollars to pay those inflated prices. to its status as a way station along the desert right from wrong, and stressed education as highways. the key to elevating oneself in helping to gain That will not bring the prices down. It is especially commendable that this mu- a better future. Instead, there is a stampede to buy the My mother and my father, Phil, had the ben- votes of senior citizens, by spending enor- seum will be an anchor for another older re- efit of 47 wonderful years of marriage to- mous amounts of taxpayers’ money on a new minder of the history of Western travel: The gether, where they worked hard and struggled entitlement. I’m not joining that stampede to Casa del Desierto Harvey House, a historic to provide a good life for me and my sister, buy votes with taxpayers’ money. I’m dis- stop opened for travelers in 1911 on the Santa Dori. Today, my mother is grandmother to 11 appointed that fellow Republicans would aban- Fe Railway’s trains to and from California. children. Pat and I have given my mother 3 don principles to buy votes with promises of a Thousands of train travelers each year grandchildren: Julia, Jonathan and Philip, and huge new government program. Yet the Dem- stopped to marvel at this towering adobe pal- Dori and Jordan have given my mother 8: ocrat plan is worse; its cost is about double. ace and be served food by the famous Harvey David, Rachel, Yosef, Yacov, Naomi, Malky, Both sides are in a bidding war, and both are Girls in its elegant dining rooms. This magnifi- Esty, and Ricky. bidding with taxpayers’ money. cent depot and hotel, which has been placed My mother was born in New York City as The cost of the GOP plan is not ‘‘only’’ $8 on the National Register of Historic Places, the second child of Eastern European Jewish billion a year. The official projection says it has been fully restored and returned to use immigrants, Yudis or Julia and Joe, who came soon will be $28 billion a year and probably it through the efforts of Barstow’s civic leaders to this country, like so many others, for a bet- will be even higher. It would be automatic and volunteers. ter life. Her mother, my grandmother, Julia, spending, which would go on forever. This is The location of the Route 66 Museum in this lived with us when I was growing up and how our national debt was created, and why historic railroad structure will provide modem raised my mother and her sister Bea and it’s so tough to balance the budget and pay travelers with a fascinating window into the brother Irving, because she was widowed at down the debt. past, and should make Barstow even more of an early age. My mother, who they tell me Medicare is already in major financial trou- a popular stopover along desert highways. was a ‘‘tomboy’’ growing up, learned to be ble. You don’t fix it by adding more spending, This new museum will add to the reputation self-reliant and resilient at an early age, traits when it’s already costing too much and deliv- of San Bernardino County as one of the top which she still manifests today. ering too little. destinations for those who are fans of Route Mr. Speaker, I want to tell my mother how For example, if the foundation of your house 66 history. It joins another fine museum in very much I love her and what a tremendous is crumbling, you don’t build a new third story. Victorville, another historic Mojave Desert inspiration she is to me today and has been Instead, you fix the foundation before you con- way-station, and the San Bernardino Route 66 so my whole life. I hesitated entering this into sider adding on. That’s what we should do Rendezvous classic car festival, which draws the CONGRESSIONAL RECORD and giving her a with Medicare. 600,000 visitors each September in one of the surprise party, because she doesn’t look her Medicare’s government bureaucracy doesn’t nation’s largest free-admission events. age, and doesn’t want too many people to even pay hospitals (especially rural hospitals) Mr. Speaker, I ask you and my colleagues know. But having achieved this milestone is the cost of the care they provide. That drives to join me in congratulating Barstow and its something of which to be proud, especially up medical costs for everyone who is not on citizens for renewing their city’s rightful place after two heart surgeries and a lifetime of giv- Medicare. This is part of what we should fix as one of the welcoming points to California, ing herself to family, friends, and everyone first, before promising an new expensive ben- and one of the highlights along Route 66, the with whom she’s come into contact. With my efit. Mother Road.

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 13422 EXTENSIONS OF REMARKS June 30, 2000 RENAMING THE JANESVILLE, WIS- Hepatitis C is a potentially life-threatening including the American Legion and the VFW, CONSIN POST OFFICE THE LES disease that can affect the liver and lead to complained that the VA has already denied ASPIN POST OFFICE BUILDING cirrhosis, liver cancer, and death. It is a slow, too many service connection claims by vet- progressive disease that advances over 10 to erans with hepatitis C. In their testimony, HON. THOMAS M. BARRETT 30 years. It is no wonder that hepatitis C AMVET stated that, among its members, the OF WISCONSIN wasn’t identified until 1989. Hepatitis C is a number of veterans being diagnosed with hep- IN THE HOUSE OF REPRESENTATIVES blood-borne disease that is transmitted atitis C by the VA has increased, but the num- through blood contact. Those at high risk in- ber being treated by the VA has not risen at Thursday, June 29, 2000 clude patients who had hemodialysis, patients all. Mr. BARRETT of Wisconsin. Mr. Speaker, I who had blood transfusions or organ trans- While Chairman QUINN, Mr. GIBBONS and I appreciate the opportunity to share with my plants, and healthcare professionals (such as offer this bill as a remedy, we also offer it as colleagues my great pride and respect for health care workers or medics) who may have a working document. We are willing to work former colleague and friend, Les Aspin. I come in contact with infected blood, instru- with members of the Veterans Affairs Com- wholeheartedly support renaming the Janes- ments or needles. mittee and our colleagues in this body as well ville, Wisconsin Post Office as the Les Aspin Another high-risk population is our nation’s as the Veterans Administration and veteran Post Office. military veterans. In fact, hepatitis C continues service organizations to produce a consensus Les Aspin was born in Milwaukee, Wis- to be diagnosed at an alarming rate among bill. I am hopeful that we will be able to work consin in 1938. He graduated summa cum our veteran population. The Veterans Adminis- out any differences and pass this legislation laude from Yale University, and later received tration estimates that 6.6 percent of veterans for our veterans. a degree in politics, philosophy and economics are infected with hepatitis C, a rate more than In the heat of combat, we ask our young from Oxford University. He completed his doc- 3 times that of the general population. Of all servicemen and women to risk exposure to torate in economics at the Massachusetts In- of the military veteran populations who tested unknown danger to save others with the un- stitute of Technology. From 1969 to 1971, positive for hepatitis C throughout VA medical derstanding that we, as a nation, will take care Aspin was distinguished professor of inter- facilities nationwide in March 1999, Vietnam- of them in the future should they become sick. national policy at Marquette University in Mil- era veterans accounted for 64 percent of the Mr. Speaker, the time has come to fulfill that waukee, Wisconsin. cases. promise. In 1971, Aspin was first elected to the What prevents the VA from treating and f United States House of Representatives from compensating these infected veterans is the the First Congressional District of Wisconsin. slow progression of the disease and the re- RECOGNIZING ROBERT MONDAVI, During his 22 years in the House, his interest cent discovery of it. In most cases, more than RECIPIENT OF WINEVISION’S and dedication to international security, de- a decade has passed from infection to dis- FIRST ANNUAL ‘‘VISIONARY fense and arms control earned him Chairman- covery. For example, a medic treating a AWARD’’ ship on the House Armed Services Committee wounded comrade in Vietnam in 1967 could from 1985 to 1993. Following his tenure in have been infected with the virus, but not test- HON. MIKE THOMPSON Congress, he served as Secretary of Defense ed positive nor shown symptoms until some OF CALIFORNIA from 1993–1994 in the cabinet of President 10 to 30 years later. The 1973 fire at the Na- IN THE HOUSE OF REPRESENTATIVES tional Personnel Records Center in St. Louis William J. Clinton. His unparalleled expertise Thursday, June 29, 2000 and influence on Department of Defense and less-than-stellar military personnel record issues have guided the development of a keeping only compounded the problem. Mr. THOMPSON of California. Mr. Speaker, comprehensive defense policy for the United Our legislation gives presumptive service I rise today in recognition of Robert Mondavi States. connection to hepatitis C infected veterans receiving WineVision’s first annual Visionary In 1994, the Marquette University Les Aspin who most likely contracted it through handling Award—recognizing the person whose insight Center for Government was founded in his blood, blood transfusions or hemodialysis. and foresight contributed in myriad ways to honor. The Aspin Center was established These criteria will cover combat field medics, the U.S. wine community’s overall betterment under the same ideals and integrity with which doctors or medical personnel who handled in the year 2000. Dr. Aspin conducted his political career. The blood, and soldiers who gave blood to save a Robert Mondavi and employees of Robert Aspin Center is designed to educate future buddy’s life or received blood to save their Mondavi Corp. were instrumental in the past leaders by giving students an opportunity to own. Studies show that 365,000 blood trans- year in assuring the initiation of the participate in the American political process fusions were performed among U.S. personnel WineVision process—an effort to develop an through Congressional internships. in Vietnam between 1967 and 1969 alone. At industry-wide strategic plan for the U.S. wine On May 21, 1995, our dear friend and es- the same time, blood supplies shipped to Viet- business. The winery, notably Michael teemed colleague passed away at the age of nam in the late 1960s and early 1970s had a Mondavi and Herbert Schmidt, was key in of- 57. It is my honor to have served Wisconsin high rate of infection. An NIH study at this fering support, including becoming one of the with the distinguished Dr. Les Aspin, and I be- time showed that 7 to 10 percent of all pa- first companies to contribute seed money. lieve that it is fitting for his memory to be hon- tients who received a blood transfusion during All through the process, Robert Mondavi ored in the district in which he served. surgery developed hepatitis C. has provided inspiration, human resources f Chairman QUINN, Mr. GIBBONS and I ap- and funding. As well, he has encouraged par- plaud the VA for its outreach program to iden- ticipation from other wineries and growers. LEGISLATION TO HELP VETERANS tify and treat veterans. We also commend the Robert Mondavi is known throughout the INFECTED WITH THE HEPATITIS VA’s attempt to address the hepatitis C prob- wine industry as the man whose vision of a C VIRUS lem through regulation, but we believe statu- successful American premium wine industry tory relief may be the only remedy that will started America’s wine renaissance in the HON. J.D. HAYWORTH truly help thousands of veterans. While regula- 1960s. WineVision is proud to acknowledge OF ARIZONA tions are a good start, the VA is not mandated his role in our community and recognize his IN THE HOUSE OF REPRESENTATIVES to ensure that these veterans are treated and contributions, those of his family and those of compensated. It can, at any time, change the his winery. Thursday, June 29, 2000 regulations or refuse treatment if it runs low on Robert Mondavi began his success in the Mr. HAYWORTH. Mr. Speaker, I am discretionary funds. Only through statutory re- wine business in the 1940’s when his father pleased to join my good friends from New lief will we ensure that the VA has the dedi- purchased the Charles Krug Winery. In the York and Nevada, Chairman JACK QUINN and cated resources and funding to handle all of 1950’s and 1960’s, Robert became the first Congressman JIM GIBBONS, on introducing this these claims. Also, having a statutory require- Napa Valley vintner to use cold fermentation important legislation that will help veterans in- ment will put this major disease on par with extensively and popularized new styles of fected with the hepatitis C virus to be treated other major presumptive diseases. Finally, at wine such as Chenin Blanc and Fume Blanc. and compensated by the Veterans Administra- the April 13th Veterans’ Benefit Subcommittee Robert Mondavi’s winery is a culmination of tion. hearing, several veteran service organizations, a vision that he shared with his family. From

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 June 30, 2000 EXTENSIONS OF REMARKS 13423 its inception in 1966, the winery has stood as tary elections generally peaceful as opposition The question is what will the world do about both an example of their innovation in parties gained an unprecedented 58 seats, 57 it? The key is for the U.S., Germany, and winemaking and a monument to persistence in of which went to the M.D.C. The relative calm Japan to stand up at the World Bank and say the pursuit of excellence. of the election was particularly significant in human rights do matter and to vote to delay In addition to serving as chairman of the the wake of the intimidation and violence that any World Bank loan to the Republic of Iran. board of the winery, Robert was and continues preceded the historic vote. The approximately Until justice is served for these 13 Iranian to be active in a number of activities pro- 60 percent turnout of registered voters for the Jews, the World Bank should not hide behind moting wine and food. In 1988, he launched election was a level of participation that we in claims that somehow its loans are only being the Robert Mondavi Mission program that was the United States can envy. used for a particular purpose. Money is Fun- designed to educate Americans about wine Now, with a meaningful opposition party gible. and its role in American culture and society. firmly in place, the challenge for President Recent history has shown that at least 17 This program illustrates the benefits of mod- Mugabe will be to work with the new Par- Jews in Iran have been executed for spying erate consumption as well as the detriments of liament to solve the social and economic prob- after similar ‘‘confessions’’ were offered. We abuse. lems that face his nation in a manner that must stand up for human rights. The World Robert is currently in the process of found- seeks to unite rather than divide. I was Bank is where this trial will be on trial. ing the American Center for Wine, Food, and pleased to see President Mugabe recognize f the Arts, in Napa, CA. This center will serve this challenge in his speech following the elec- as a culmination of his dream to celebrate the tion, in which he spoke of his desire to work ANNOUNCEMENT OF THE VICE role of wine, food, and arts in American cul- with the new Parliament. It is my hope that PRESIDENT REGARDING PLUM ture. In addition, he is the founding co-chair- President Mugabe’s future actions will mirror POX VIRUS FUNDING IN PENN- man of the American Institute of Wine and this rhetoric. SYLVANIA BY THE U.S. DEPART- Food with Julia Child, and a member of the Finally, I would like to recognize the work of MENT OF AGRICULTURE American Wine Society, the Brotherhood of American representatives in Zimbabwe—both the Knights of the Vine and many other governmental and nongovernmental—whose HON. WILLIAM F. GOODLING groups. on-the-ground efforts contributed to this impor- OF PENNSYLVANIA In 1997, Robert was inducted into the Edu- tant milestone in Zimbabwe’s political evo- IN THE HOUSE OF REPRESENTATIVES cational Foundation of the National Restaurant lution: the American Embassy, lead by Am- Thursday, June 29, 2000 Association’s College of Diplomats for his sup- bassador Tom McDonald and Political Officer port of education in the food industry. He has Makila James; the United States Agency for Mr. GOODLING. Mr. Speaker, I was been named ‘‘Man of the Year’’ by numerous International Development; and the National pleased today when the administration an- magazines and foundations and has received Democratic Institute and its Zimbabwe-based nounced that $13.2 million would be made such honors as the Lifetime Achievement staff of Peter Manikas, Richard Klein, David available to compensate fruit growers in my Award and the Torch of Liberty Award. Kovick, Dawn Del Rio, Kate Allen and Scott district affected by plum pox. I am very Throughout the years, Robert Mondavi has France. pleased that my constituents who have seen developed world-class, fine wines. As one of f their livelihoods put under the bulldozer and the world’s top producers, Mr. Speaker, it is set afire in the last 3 months will finally receive appropriate at this time that we acknowledge SUPPORT OF INCARCERATED just compensation. However Mr. Speaker, I Robert Mondavi’s great accomplishments in IRANIAN JEWS am enraged that this announcement came the wine and food industry and his receiving from the Office of the Vice President and that WineVision’s first annual Visionary Award. HON. BARBARA LEE the administration would play election year Congratulations to Robert Mondavi and the OF CALIFORNIA politics with a stone fruit industry that its own Mondavi family. IN THE HOUSE OF REPRESENTATIVES press release values at $1.8 billion. f Mr. Speaker I became aware of the plum Thursday, June 29, 2000 pox outbreak in my district in early October. THE ZIMBABWE PARLIAMENTARY Ms. LEE. Mr. Speaker, today I address the Since that time, I and Pennsylvania’s Mem- ELECTIONS issue of the 13 Jews being held in the city of bers of the other body have met with the Shiraz in Iran and on trial on charges of espio- growers affected by this crisis and worked on HON. RICHARD A. GEPHARDT nage. legislative remedies to address the growers’ OF MISSOURI The World Bank is currently reviewing a loss. I first wrote Secretary Glickman about IN THE HOUSE OF REPRESENTATIVES proposal to transfer $230 million in loans to plum pox in early November, a letter signed Iran. In light of the circumstances, it is inap- by 18 other Members of the House. In the in- Thursday, June 29, 2000 propriate to consider these loans while the tervening 8 months I have pursued every leg- Mr. GEPHARDT. Mr. Speaker, just this past staged trial of the 13 Iranian Jews continues. islative option available and worked with Sec- December, I visited Zimbabwe with a bipar- It would send a dangerous message that the retary Glickman and officials from the Com- tisan group of members of Congress that was international community disregards the Iranian monwealth of Pennsylvania to indemnify the co-led by Amo Houghton, a long-time friend of government’s serious human rights violations affected growers. the Zimbabwean people, and included Donald against its citizens. I ask the Vice President, where have you Payne, the ranking member of the Inter- This group, which includes a Rabbi, teach- been for the nearly 6 months while the Office national Relations Subcommittee on Africa. ers, and students, has been detained for over of Management and Budget acted as a road- The purpose of our visit was to examine a year although no formal charges have been block to allowing these funds to be released. Zimbabwe’s efforts to combat the AIDS pan- filed against them. Contrary to Iranian law, Secretary Glickman is to be commended for demic, revitalize economic development and they have been denied the right to choose his actions in this crisis. As soon as the Sec- strengthen its democracy. In doing so, we their own legal representation. retary had the relevant information it was pre- dedicated a U.S. Agency for International De- Additionally, serious legitimacy concerns sented to the OMB along with his rec- velopment-funded AIDS clinic in Hwange and arise when we consider that the trial is being ommendation to declare this crisis an ‘‘Ex- met with political leaders including President held behind the closed curtains of the Revolu- traordinary Emergency,’’ thereby making plum Robert Mugabe and Morgan Tsvangirai, the tionary Court where the judge is also the chief pox one of the Department’s highest priorities. leader of the then-fledgling opposition party, prosecutor. Where was the Vice President on March 2, the Movement for Democratic Change The defendants’ ‘‘confessions,’’ on which 2000, when the Secretary declared an Ex- (M.D.C.). Little did we know at the time that the prosecution’s case is built, were all offered traordinary Emergency and the OMB refused Zimbabwe was on the cusp of its most funda- without the presence of their lawyers. These to release the funding for the Emergency. mental political change since gaining inde- minute-long sound-bites have been widely Where was the Vice President? pendence in 1980. aired on State-run television. If the Vice President was as concerned I applaud the people of Zimbabwe for their Clearly justice is not being served for these about this crisis as he seems to be today, why efforts to make the June 25 and 26 parliamen- Iranian Jews. didn’t he request OMB Director Lew release

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 13424 EXTENSIONS OF REMARKS June 30, 2000 these funds in March, before the growers had waited. And the senior citizens in our Con- Although the thirteen Jews in question are ac- to be put through the worries they faced this gressional districts waited. cused of espionage, they have been impris- spring. Last week, when President Clinton pro- oned for over a year without being formally Where was the Vice President when those posed an end to the waiting and offered a charged and have been denied the right to growers, my constituents, came to Washington sound and financially responsible entitlement choose legal counsel. They have also been and met with an OMB official and were in- program to provide senior citizens with the denied access to family members, fellow sulted and belittled as if they were beggars prescription drug benefits that they need and members of the Jewish community, and asking for a hand out. Mr. Speaker, I under- want, the Republican leadership in the House human rights workers. It is deplorable to put stand the Vice President is well versed on to- said ‘‘No.’’ They said we will consider a mini- these thirteen people on trial, possibly with bacco growing, but I wonder if he understands mal proposal that does not even guarantee a their lives at stake, then shut the courtroom the workday of a fruit grower? prescription drug benefit to Medicare recipi- doors to the world. Diplomats, members of the The fruit growers in my district do not sit on ents. media, human rights activists, and even the their porches and rock, as they were told in a Mr. Speaker, I will say again what I said last accuseds’ fellow Iranian citizens are barred insulting response by Director Lew’s subordi- fall: that the Republican majority must give up from attending the court proceedings. In short, nate in April. Fruit growers work from sun up this ill-conceived plan and give us the oppor- these thirteen persons are being denied even to sundown and spend their lives praying that tunity to consider a real legislative proposal what limited due process of law is regularly the weather and insects do not make them which will give our senior citizens the prescrip- available to the Iranian people. bankrupt. I wonder where the Vice President tion drug benefits that they need—and want. In March of this year, Secretary of State was Mr. Speaker. f Albright announced that the U.S. ban on cer- Mr. Speaker as I said, I am pleased that tain Iranian imports would be lifted. This move those growers in my district who accepted the MEDICARE RX 2000 ACT was designed to encourage ongoing political risk and obeyed the destruction orders they reform in Iran. However, as Iran works to im- SPEECH OF received from the USDA will be finally com- prove its relations with the international com- pensated, I might add one month after the HON. MARK UDALL munity, I urge my fellow members of Congress Congress voted to do the same, but I find it OF COLORADO to keep a watchful eye on the developments in this case. Judge Sadiq Nourani, better very sad that this Administration chooses to IN THE HOUSE OF REPRESENTATIVES release this compensation only after the Vice known to his countrymen as ‘‘the butcher,’’ will President finds himself sagging in the polls Wednesday, June 28, 2000 soon decide whether or not these thirteen and needing help in a swing State. Mr. UDALL of Colorado. Mr. Speaker, I rise Jews indeed committed acts of espionage f in opposition to H.R. 4680, The Medicare Rx against Iran. I am deeply troubled by the 2000 Act. Today, instead of helping seniors shroud of secrecy under which this trial pro- MEDICARE RX 2000 ACT with their prescription drug bills, the Repub- ceeds, bringing into question the integrity of licans sold seniors a bill of goods. Their bill is any guilty verdict. My colleagues in Congress SPEECH OF a multi-billion dollar giveaway to insurance should view Judge Nourani’s decision, and HON. BOBBY L. RUSH companies and fails to guarantee that seniors any subsequent sentencing, as a strong indi- OF ILLINOIS will be able to afford the medicines their doc- cation as to the sincerity of Iran’s attempts to IN THE HOUSE OF REPRESENTATIVES tors tell them they need to take to stay reform. healthy. Omid Tefillin, a 25 year-old man whose Wednesday, June 28, 2000 For the past year, seniors in my district brother has already been condemned, said, ‘‘I Mr. RUSH. Mr. Speaker, I rise in opposition have been telling me about how much they am innocent, and I believe the court is just. to H.R. 4680 and to say that today we have spend on their monthly prescription bills. I re- God willing, I will be acquitted.’’ Mr. Speaker, seen a clear example of legislating at its leased a study in April 1999 which shows that I wish I shared Mr. Tefillin’s faith in the Iranian worst. seniors in my district who have no prescription judicial system. Based on the proceedings I The Republican leadership of this House drug coverage pay twice as much as those have observed thus far, I am doubtful the thir- has denied the Democrats the opportunity to who have coverage. Some seniors are faced teen Jews can receive a just verdict. offer a meaningful prescription drug plan with the decision of paying for food or paying f which would guarantee our senior citizens ac- for medicine. This is an outrage. No senior ENERGY AND WATER DEVELOP- cess to this important benefit under Medicare. should be faced with that kind of decision. MENT APPROPRIATIONS ACT, The Republican leadership has issued a On the other hand, the Republican leader- 2001 ‘‘gag order’’ rule, which prevents the Demo- ship in the House recently became interested cratic members of this institution from offering in this issue because their pollster told them SPEECH OF a clear alternative to the legislation which they that they needed to pass a drug plan—any are calling Medicare Prescription Medicine. I plan—no matter how flawed it is. And they HON. GEORGE W. GEKAS say, the bill before us is not that: it is less than won’t let the Democrats offer a substitute plan OF PENNSYLVANIA that. on the floor because they know it is a good IN THE HOUSE OF REPRESENTATIVES Last year, I visited with a number of Senior plan and could pass. Tuesday, June 27, 2000 Citizens centers in the First Congressional We need a Medicare prescription drug ben- The House in Committee of the Whole District in Illinois. Secretary Donna Shalala efit that is voluntary, that provides coverage to House on the State of the Union had under was gracious enough to join me in August in all seniors who need it, and that secures the consideration the bill (H.R. 4733) making ap- a visit to the senior citizens residence at Mont- financial future of Medicare. I will continue to propriations for energy and water develop- gomery Place. work for a plan that helps seniors fill their ment for the fiscal year ending September 30, At every opportunity, the seniors in my dis- cabinets with life-saving medications, not one 2001, and for other purposes. trict asked me—Is Congress going to do that lines the pockets of the drug companies. Mr. GEKAS. Mr. Chairman, I would like to something about Medicare, and especially f take a moment to discuss an amendment that about prescription drugs? has the potential to address a matter that is of It was abundantly clear from these ques- JUSTICE FOR SHIRAZ THIRTEEN the utmost importance to our nation. First I tions that the senior citizens in Chicago’s First want to commend the Chairman for his hard District—many of whom are living on income HON. KEN LUCAS and diligent work on this bill. below the poverty line—that this is an issue of OF KENTUCKY The cost of gasoline has skyrocketed and critical importance, to be dealt with seriously IN THE HOUSE OF REPRESENTATIVES America is once again forced to kneel at the by this institution. Seriously and deliberately: feet of OPEC, groveling to oil barons, begging not through political gamesmanship. Thursday, June 29, 2000 for more oil. It is disgraceful that this adminis- Last year, we were told that the prescription Mr. LUCAS of Kentucky. Mr. Speaker, in tration has let America, the home of the free, drug issue would have to wait until the Repub- Iran today, thirteen Jews are awaiting judge- become subservient to foreign powers. I can- lican-initiated tax cut was resolved. And we ment in a trial that I suspect is no trial at all. not stress enough the importance of the

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 June 30, 2000 EXTENSIONS OF REMARKS 13425 United States becoming an energy self-suffi- HONORING DR. JEAN CLAUDE fice’s Federal Depository Library Program cient nation and the positive effects this would COMPAS (FDLP). Rather, I support the bipartisan man- have on our national security and economic ager’s amendment that restores funding to this prosperity. HON. EDOLPHUS TOWNS important public resource. OF MARYLAND The goal of the FDLP is to assure current As you know, the price of oil in the United and permanent public access to information IN THE HOUSE OF REPRESENTATIVES States has dramatically increased over the last published by the federal government of the year. Over the winter we saw the first spike in Thursday, June 29, 2000 United States. The FDLP, under the auspices oil prices, and this administrations’ response Mr. TOWNS. Mr. Speaker, today I am proud of the Government Printing Office (GPO), pro- was simply to beg OPEC to produce more oil, to honor Dr. Jean Claude Compas a radiant vides public documents free of charge to ap- in the hopes that higher supply would cause example of what a premiere physician in this proximately 1,350 libraries in the United States prices to go down. Yet, prices have sky- country should hope to be. and its territories. Depository libraries receive rocketed in the last few weeks, with some Dr. Compas was born in Port-au-Prince, all government publications of public interest Americans having to pay well over $2.00 for a Haiti. After completing his primary education, and/or educational value, with the exception of gallon of gas. The impact of escalating oil he traveled to France to attend the University classified materials. The FY2001 Legislative Branch Appropria- costs affects prices for essential utility and of Lille, where he received his medical degree. tions Act would cut the FDLP’s budget by 61 municipal services, the distribution of vital sup- After earning his degree, he migrated to the United States to set up his own practice in percent, from $29.9 million in FY2000 to $11.6 plies and other goods and services, and could Brooklyn. million in FY2001. By contrast, the Senate’s threaten many American jobs. Clearly, our cur- He is the founder of one of the largest Hai- version of this bill would actually increase the rent economic prosperity is put at risk as a re- tian owned and operated medical clinics in library program’s budget by 4 percent. sult of the dramatic increase in oil prices. It is Brooklyn. In addition to his successful medical The manager’s amendment, sponsored by time to take action before we are completely practice, Dr. Compas has dedicated his life to Representatives TAYLOR and PASTOR, would at the mercy of this oil cartel. advancing social justice. He has led several restore $95.8 million to this spending bill, in- Beyond any short term fixes we may soon marches protesting blatant discrimination and cluding $14.1 million to the FDLP. This amendment would bring the total FDLP appro- address in the Congress, we must adopt a prejudice against Haitians in the United priation to $25.7 million, or $4.2 million less long-term energy policy that will emphasize States, including the plight of Haitian refugees. Through his research and publications with the than the FY2000 appropriation. While this the U.S. position of being energy self-sufficient Center for Disease Control in Washington, funding cut is still unacceptable, the man- in the 21st century. With the vast amount of DC, he helped reverse the unjustified whole- ager’s amendment would, at the very least, untapped resources in this country and tech- sale labeling of Haitians as a high-risk group allow the FDLP to continue operating into nological advances which have made it easier, for AIDS by the CDC and the FDA. He also 2001. cheaper, and safer to develop and discover was a major activist on the Abner Louima Mr. Chairman, the University of Kansas new domestic sources of energy, the goal of case, organizing a legion of protests against Government Documents and Map Library is becoming energy self-sufficient can be a re- police brutality. the only regional depository library in the en- ality. Jean Claude Compas serves on several tire state of Kansas. Though other depository libraries exist in my home state, they receive That is why I have introduced H.R. 4035, boards of nonprofit organizations, including the New York Aids Foundation, the Haitian Coali- only a small percentage of the documents that the National Resource Governance Act, which tion on AIDS, and the Haitian American Alli- the Government Documents and Map Library I am now offering as an amendment to the ance of New York. He was also a past-vice receives annually. At a regional depository li- Energy and Water Development Appropria- president of Haitian Medical Association brary like the one at KU, individuals can read tions Act. This amendment calls on Congress abroad. a wide range of government documents dating to officially commit to the concept that the Dr. Compas is a prime example of what from 1789, such as the first Census report for United States can be energy self-sufficient by every citizen should aspire to be. He has the United States, which the government com- the end of the decade. made a difference in many lives in Brooklyn. pleted in 1790. Though the government documents are This commitment would take the form of a He remains a dedicated advocate for the Car- made available to the public at no cost, there bipartisan blue ribbon commission to inves- ibbean community. Dr. Compas’ contributions to his community never stop, and hopefully he is a cost to the libraries that maintain them. As tigate all possible methods to make the coun- will continue good deeds to make Brooklyn a a regional depository library, KU is required by try energy self-sufficient. How can we become better community. Dr. Compas ultimately be- federal law to maintain the information in per- self-sufficient? We can start by utilizing the oil lieves that ‘‘it’s better to give than receive’’ petuity. The cost of storing a total collection of reserves that already exist in our great land. and he demonstrated it through his many con- more than 2 million government documents We should also explore and encourage alter- tributions. Please join me in recognizing the can run into the tens of thousands of dollars native resource production such as solar, accomplishments of Dr. Jean Claude Compas. annually, not counting salaries for a staff to wind, hydrogen, natural gas, gas hydrates, or f catalog and maintain the information. Without other resources, as well as better fuel effi- federal funding, the Government Documents LEGISLATIVE BRANCH ciency for our nation’s transportation infra- and Map Library would be forced to close its APPROPRIATIONS ACT, 2001 structure. doors and end its years of service to the Kan- sas public. At the dawn of the 21st Century, the re- SPEECH OF Mr. Chairman, though anyone can access sources and ingenuity to make America self- HON. DENNIS MOORE documents supplied under the auspices of the sufficient for its fuel needs exist. We need to OF KANSAS FDLP, the people who rely upon this informa- focus our attention on this very important tion the most are small-business owners. IN THE HOUSE OF REPRESENTATIVES issue, because the ramifications of becoming Small business men and women in Johnson more dependent on these foreign powers Thursday, June 22, 2000 County and other areas in Kansas’ Third Dis- threatens not only our economy, but our very The House in Committee of the Whole trict frequently utilize the Federal Register, existence as a world power. How many more House on the State of the Union had under which lists proposed regulations and informa- times must we be put through an energy crisis consideration the bill (H.R. 4516) making ap- tion on upcoming government contracts. Small and the outrageous costs associated with it propriations for the Legislative Branch for businesses have a right to access the Federal the fiscal year ending September 30, 2001, and before we commit ourselves to energy self- Register and other federal documents, and the for other purposes. federal government has the responsibility to sufficiency? It’s time to get the power back. Mr. MOORE. Mr. Chairman, I rise today in make sure that America’s small business peo- I urge the House to accept my amendment opposition to H.R. 4516, the FY2001 Legisla- ple have access to them. and give our nation an energy policy that will tive Branch Appropriations Act, which would I urge my colleagues to vote for the vitally ensure our future. slash funding to the Government Printing Of- important manager’s amendment, which will

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 13426 EXTENSIONS OF REMARKS June 30, 2000 restore the public’s access to taxpayer-funded letic field and reaches into the workplace and erosity and community action have set a government documents. The public has an in- personal lives of those who understand the standard of excellence in service to which herent right to obtain information contained in importance of total body wellness. He is not people of all ages should aspire. government documents that have been pub- only a talented coach, but has become a role Congratulations to you Mrs. Tibbs and thank lished at public expense. Above all, Mr. Chair- model for all to follow. His tremendous accom- you for your commitment to community serv- man, a well-informed citizenry, cognizant of plishments as a coach and an educator are ice. the policies and activities of its representative truly commendable. f government, is essential for the proper func- Colleagues, please join me in honoring Mr. 1999 FLEOA HEROISM AWARD tioning of democracy. Anthony Federico for his generous contribu- f tions to youth, both on and off the playing field. HON. CIRO D. RODRIGUEZ IN HONOR OF COACH ANTHONY OF TEXAS f FEDERICO IN THE HOUSE OF REPRESENTATIVES TIGERS CLINCH FIFTH NATIONAL Thursday, June 29, 2000 HON. DENNIS J. KUCINICH TITLE Mr. RODRIGUEZ. Mr. Speaker, in July, in OF OHIO Pleasanton, Texas, the Federal Law Enforce- HON. RICHARD H. BAKER ment Officers Association, along with family, HON. STEPHANIE TUBBS JONES OF LOUISIANA friends and members of the community, gather OF OHIO IN THE HOUSE OF REPRESENTATIVES together to present nine individuals, three of whom died in the line of duty, with the 1999 HON. STEVEN C. LaTOURETTE Thursday, June 29, 2000 OF OHIO FLEOA Heroism award. The ceremony will Mr. BAKER. Mr. Speaker, I am honored to memorialize the ultimate sacrifice of those HON. SHERROD BROWN have this opportunity to congratulate the LSU three local Atascosa County lawmen who OF OHIO Tiger Baseball Team on winning the 2000 Col- were tragically killed last October as well as IN THE HOUSE OF REPRESENTATIVES lege World Series and clinching their fifth the brave acts of the other officers and civil- NCAA championship in ten years. ians. These individuals will be honored for Thursday, June 29, 2000 The final game of the College World Series their outstanding courage and bravery in an- Mr. KUCINICH. Mr. Speaker, today I honor promised to be very exciting and to the fans swering the call to duty. Mr. Anthony Federico (‘‘Coach’’) for his tire- of this series, it lived up to this expectation. The FLEOA Awards Program is intended to less dedication to youth and his outstanding Stanford, the College World Series Team of honor its fellow peers not only from across the service to his community. the 80’s, fought a hard battle against the LSU nation but also from Canada, Mexico, Thai- Coach Federico received his B.S.S degree Tigers, the College World Series Team of the land, Bahamas and Columbia. The following from John Carroll University, where he later 90’s, to determine who would claim the title in individuals have been selected as recipients of received his masters in counseling and mas- 2000. And with a lot of sweat, hard work and the 1999 Heroism Award, the first three of ters in administration. He also received his determination, that decision was made in the which are to be awarded posthumously: Ph.D. from the American College of Meta- bottom of ninth inning when the LSU Tigers Police Officer Thomas Monse—Atascosa physical Theology in 1997. Coach Federico rallied from a 5–2 deficit to win the NCAA County Police most recently has served as the head football championship, beating the Stanford Cardinals Officer Mark Stephenson—Atascosa County coach at Maple Heights High School. State Trooper Terry Miller—Texas Depart- 6–5. ment of Public Safety Throughout his career, Coach Federico has It is with tremendous pride that I congratu- Police Officer Louis Tudyk—Pleasanton, taken initiative and transformed the coaching late LSU Coach Skip Bertman and all the Texas profession. His unique approach to coaching players of the LSU Baseball Team for a great Supervisory Deputy David Sligh—San Anto- inspires and enriches the lives of the young game. I know that both the coach and the nio, Texas people he comes in contact with. His players gave the game their entire heart and Carl Fisher—Court Security Officer—INS Re- unyielding devotion to his students is a reflec- demonstrated to baseball fans all around this tired—Pleasanton, Texas tion of his admirable character. Coach country what a good baseball game is made Wendell Munson—Atascosa County Federico has been the assistant football coach Archie Pena—Retired Police Officer— of. I salute you and look forward to seeing Atascosa County and offensive coordinator at Case Western LSU win more College World Series titles in Oscar De La Cruz—Pleasanton, Texas Reserve University. He has also served as the the future. athletic director and head coach at many other Many national and international nominations f for the awards were received. Seven of the schools throughout his career, including Rich- awards were given to those officers and civil- mond Heights, Chanel High, and Willoughby HONORING EMMA TIBBS AS A RE- ians who were involved in the sad event that South. He has been a member of the Amer- CIPIENT OF THE DAILY POINTS took place on October 12, 1999, in ican Coaches Association for 35 years, and OF LIGHT AWARDS Pleasanton. On that day, three brave officers has also received two ‘‘Coach of the Year’’ of the law sacrificed their lives in the line of awards. HON. ERNIE FLETCHER duty. Atascosa Sheriff’s deputies Thomas In addition to his tremendous coaching abili- OF KENTUCKY Monse and Mark Stephenson, along with ties, Coach Federico is the president of Effec- IN THE HOUSE OF REPRESENTATIVES Texas state trooper Terry Miller, were all tive Goal-Setting Opportunities, Inc., which Thursday, June 30, 2000 gunned down in an ambush by a lone gun- owns the pending trademark ‘‘The Zone man. Two others, City of Pleasanton Police Coach,’’ which represents an educational sem- Mr. FLETCHER. Mr. Speaker, today I recog- Officer Louis Tudyk, and a retired U.S. Immi- inar designed to assist in creating a game nize the accomplishments of Mrs. Emma gration and Naturalization Service agent, Carl plan for successful and optimal performance Tibbs from Lexington, Kentucky. She is cur- Fisher, were also wounded during the ensuing based on a unique combination, nutrition and rently serving her second year term as Presi- gunfight. fitness. He also created the Goal-Getter, a dent of the Fayette County Neighborhood Carl Fisher, along with Archie Pena, a re- powerful motivational tool built into a standard Council, an umbrella organization of neighbor- tired local Police Officer, and Wendell Mun- 12 month calendar. Coach Federico’s efforts hood associations in the county. son, a 56-year-old cattle rancher, earned their have been recognized and have resulted in Mrs. Tibbs was awarded the Daily Points of Heroism Awards by rising to the occasion and the creation of a federal grant to help under- Light Award for her initiative in taking this risking life and limb to come to the aid of the privileged youths successfully enter the work- group and turning it into a positive community fallen police officers. None of them was obli- place. In addition, he also teaches continuing force. This award speaks very strongly about gated to do so, yet they decided to make it education classes for the department of insur- both her character and dedication. their duty. The tragic incident served as a ance and real estate. Coach Federico has We are all proud that the recipient of such grave reminder of the risks that law enforce- taken his profession to new heights. His a prestigious award has come from the 6th ment officers face every day in guarding the coaching philosophy reaches beyond the ath- district of Kentucky. Mrs. Tibbs’s acts of gen- peace of our communities.

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 June 30, 2000 EXTENSIONS OF REMARKS 13427 This tribute extends to include officers of all come may not know they can get much need- University. Reed was LU’s football coach for stripes for the hard work and sacrifices they ed help with medical expenses. 23 years and posted a career record of 135– make throughout the country. Far too often It just makes sense to me that Federal Gov- 75–6. Reed also served as the athletic direc- their presence is taken for granted and the ernment should seek to aid such seniors when tor, eight years as women’s track coach and risks that they take for our security are not they need the help the most. Especially when three years as men’s basketball coach. fully comprehended. I hope that this award the Social Security Administration presently Among his accomplishments as a football can serve as a symbol of our gratitude for all has the ability to identify those who may qual- coach were two undefeated seasons in 1952 law enforcement officers who fulfill a much- ify for assistance. and 1953 and four league championships. In needed task. Since 1988, Congress has provided finan- addition, he produced two NFL All-Pro stars f cial assistance to qualified low-income seniors which include current Lincoln assistant Lemar in covering costs under the Medicare program. Parrish, and Canadian Football Hall of Famer HONORING MR. ROBERT SNYDER Despite the growing number of elderly taking Leo Lewis. As a tribute to Coach Reed’s ca- advantage of the assistance, reports have reer, the Lincoln University football stadium HON. GARY G. MILLER shown some are being left out because they and track were named in his honor in 1985. OF CALIFORNIA are not aware of the programs. Coach Reed’s hard work and dedication IN THE HOUSE OF REPRESENTATIVES The Social Security Administration reports throughout his career has impacted the lives that 40 percent of non-married women (a cat- of many. Thursday, June 29, 2000 egory that includes women) rely on Social Se- Mr. Speaker, Dwight Reed will be greatly Mr. GARY MILLER of California. Mr. Speak- curity benefits for 90 percent of their income in missed by all who knew him. I know the mem- er, today I pay tribute to Mr. Robert Snyder on comparison to only 18 percent of married cou- bers of the House will join me in extending my the occasion of his promotion from the United ples. Amazingly, one-fourth of non-married heartfelt condolences to his family: his wife of Parcel Service (UPS) Public Affairs office in women relies on Social Security retirement 58 years, Hiawatha; one son, Kenneth L. Washington, DC to the company’s Corporate benefits as their sole source of income. Reed; one stepson, Marvin Reed, five grand- E-Ventures division in Atlanta, Georgia. This legislation seeks to make these seniors children and five great-grandchildren. Mr. Snyder began his career with UPS 20 aware of the additional benefits they may be f years ago as a project engineer in the south- entitled to because of their income by directing HONORING COLVIN W. GRANNUM east region of the United States. In 1997, he the Social Security Administration to mail a was promoted to the public affairs office in notification to Social Security recipients it iden- Washington, DC where he was responsible for tifies as possibly being eligible. This notifica- HON. EDOLPHUS TOWNS OF MARYLAND working with Members of Congress on legisla- tion will instruct the beneficiary on whom they IN THE HOUSE OF REPRESENTATIVES tive priorities that would affect the freight in- can contact to determine whether they qualify dustry. At the same time, he oversaw UPS’s for assistance. Thursday, June 29, 2000 worldwide environmental program and the de- It further directs the Social Security Adminis- Mr. TOWNS. Mr. Speaker, I am proud to velopment of more than 20 facilities across the tration to provide the states with a list annually honor and celebrate the achievements of country. In this capacity, he helped engineer of names it has identified to aid the states in Colvin W. Grannum, the founding director and the industry’s first recyclable envelope, a prod- enrolling these deserving seniors. the chief executive officer of Bridge Street De- uct providing economic benefit to UPS and an I hope my colleagues will join with me in velopment Corporation. Bridge Street Develop- environmental benefit to the world community. making the government more consumer ment Corporation is a faith based non-profit Part of UPS’s global network of trade in- friendly to our seniors who need our help by organization, affiliated with Bridge Street Afri- cludes the use of Ontario International Airport cosponsoring this legislation. It will be a great can Wesleyan Methodist Episcopal Church in in Ontario, California, part of the district I rep- comfort to our seniors, many of who are wid- Brooklyn, NY. resent. With Mr. Snyder’s leadership, the com- ows, to know they can receive assistance with Mr. Grannum’s motto is ‘‘Building on Com- pany has expanded its use of the facility, important and often expensive medical costs. munity Strength.’’ His vision is to restore Bed- transforming it to the company’s western gate- f ford Stuyvesant to the ranks of the most desir- way to the world. able communities for parenting and doing Mr. Snyder has been a good friend to many IN MEMORY OF DWIGHT T. REED business. Under Mr. Grannum’s leadership, in Washington, DC, including my office. BSDC has grown to over a $2 million oper- Today, I acknowledge his commitment and HON. IKE SKELTON ation with 300 units of housing in the develop- achievements and sincerely wish him and his OF MISSOURI ment pipeline in only its first four years of ex- family prosperity and success in the future. IN THE HOUSE OF REPRESENTATIVES perience. BSDC also has obtained preliminary approval for $2 million in start up financing for f Thursday, June 29, 2000 two locally-owned businesses. Finally, to help INTRODUCTION OF THE LOW-IN- Mr. SKELTON. Mr. Speaker, it is with deep begin to close the digital divide, Mr. Grannum COME WIDOWS ASSISTANCE ACT sadness that I inform the House of the death has used BSDC to establish a community OF 2000 of Dwight Reed, of Jefferson City, MO. He computer lab and Internet access facility. was 85. In addition to being a community leader, Mr. HON. RON LEWIS He was born on March 13, 1915, in St. Grannum has also practiced law for 17 years OF KENTUCKY Paul, MN, and was the son of Dwight and Ora as a litigation attorney. He started his legal ca- IN THE HOUSE OF REPRESENTATIVES Woods Reed. Coach Reed grew up in St. Paul reer as a law clerk to a judge of the Superior and was a football, basketball, and track star Court of the District of Columbia. He also has Thursday, June 29, 2000 at George Washington High School. He at- held a variety of positions with the United Mr. LEWIS of Kentucky. Mr. Speaker, I rise tended college at the University of Minnesota, States Department of Justice, the New York today with my colleague Representative ERNIE where he received his bachelors and masters State Attorney General, the NYNEX Corpora- FLETCHER in introducing the Low-Income Wid- degrees and was an All-American member of tion, and the New York City Corporation Coun- ows Assistance Act of 2000. three national championship football teams. In sel. During his legal practice, Mr. Grannum You may be as amazed as I was to dis- addition, he was an intramural light-heavy- was responsible for handling and supervising cover that if a senior has a dramatic drop in weight boxing champion. complex litigation, including trials, appeals, income, whether do to the loss of a spouse or After 3 years of coaching three sports at the and regulatory proceedings. As a law student, other reason, no one in government alerts the high school level, Coach Reed played semi- he taught a legal writing and research course senior that they may be eligible for assistance pro basketball for the Galloping Gophers. Fol- at Georgetown University Law Center. with their Medicare premiums and co-pays. lowing his basketball career, Reed served a Mr. Speaker, please join me in thanking This means the 82-year-old senior who just four-year tour of duty in the Army during World Colvin W. Grannum for his selfless service to lost a spouse and is now responsible, many War II. He was involved in combat in Italy. the community of Brooklyn. Also, please join times for the first time, for taking on the tasks In 1949, Coach Reed moved to Jefferson me in wishing him the best in his future en- of paying the bills on a drastically lower in- City and began his coaching career at Lincoln deavors on ‘‘Building on community strength.’’

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 13428 EXTENSIONS OF REMARKS June 30, 2000 DEPARTMENTS OF COMMERCE, the use of funds to move forward on imple- group of young children ages 6–18 from China JUSTICE, AND STATE, THE JUDI- menting the Kyoto Protocol, I will be voting who will be visiting Cleveland to participate in CIARY, AND RELATED AGENCIES ‘‘no’’ on H.R. 4690 and urge my colleagues to the Wushu Kungfu Extravaganza Weekend on APPROPRIATIONS ACT, 2001 do so as well. July 8 and 9, 2000. This weekend event is a f special cultural, sporting and educational ex- SPEECH OF change between the East and the West. The DOCTOR MAKES POSITIVE IMPACT Shaolin Performing Group, along with their HON. DENNIS MOORE IN CARVILLE, LA, COMMUNITY OF KANSAS coach Grandmaster Zhu, will be visiting the United States for the first time. IN THE HOUSE OF REPRESENTATIVES HON. RICHARD H. BAKER This impressive group of young athletes Thursday, June 22, 2000 OF LOUISIANA train for years under the Shaolin monks in The House in Committee of the Whole IN THE HOUSE OF REPRESENTATIVES China and demonstrate incredible feats of House on the State of the Union had under Thursday, June 29, 2000 martial art skills. These children, who attend consideration the bill (H.R. 4690) making ap- Mr. BAKER. Mr. Speaker, I am honored to the Zhengzou Martial Arts Major Institute, rep- propriations for the Departments of Com- have the opportunity to congratulate Dr. Rob- resent China in promoting cultural and edu- merce, Justice, and State, the Judiciary, and cational exchange. Their teacher, related agencies for the fiscal year ending ert Jacobsen upon his retirement as Director of the National Hansen’s Disease Programs Grandmaster Tianxi Zhu, is the director of this September 30, 2001, and for other purposes: institute, and is a Chinese Wushu Degree 7. Mr. MOORE. Mr. Chairman, I rise today in and the Gillis W. Long Hansen’s Disease Cen- ter in Carville, Louisiana. During his distin- He earned the international outstanding opposition to H.R. 4690, the FY 2001 Com- Wushu achievement gold medal and was the merce-Justice-State-Judiciary appropriations guished 33-year career at the center, Dr. Ja- cobsen played an important role in helping to first place winner of Shaolin Kungfu in the 7th bill. This bill is more than $2 billion below cur- World Cup Wushu Championships. The chil- rent funding levels, achieving these reductions define the evolving leprosy chemotherapeutic regimens that are the key features of the dren under his tutelage demonstrate amazing by making unacceptable cuts in several key speed, discipline, and skill. areas. world elimination program for this disease. Dr. Robert Jacobsen, a native of Austin, My fellow colleagues, please join me in pay- Among these cuts is the $201 million reduc- ing tribute to this exceptional group of ath- tion in the President’s gun enforcement initia- Minnesota, received his B.A. in Chemistry and Math from the University of Minnesota in letes, the Shaolin Performing Group, and wel- tive request. This initiative would provide fund- coming them to the United States for their per- ing to hire federal, state, and local prosecutors 1954, his Ph.D. in Organic and Physical Chemistry from the University of Wisconsin in forming tour. for gun crimes. As a former district attorney, I f know that the unfortunate reality is that our ju- 1958 and his M.D. from the University of Min- dicial system is seriously lacking the resources nesota in 1962. Jacobsen started his career HONORING AUDREY LEE JACOBS it needs to see that each gun crime receives with the Public Health Service as Chief of strong legal inquiry. There are existing laws Medicine at the U.S. Public Health Service HON. EDOLPHUS TOWNS that can be enforced in order to lessen the Hospital, Carville, LA, which later became the Gillis W. Long Hansen’s Disease Center; a po- OF NEW YORK prevalence of gun violence in our commu- IN THE HOUSE OF REPRESENTATIVES nities. Without the proper tools, adequate sition that he held until 1992. In addition, Dr. manpower, and financial resources, however, Jacobsen also served as Chief of Clinical Thursday, June 29, 2000 these laws will be less likely to serve their in- Branch from 1978 to 1992. Mr. TOWNS. Mr. Speaker, it gives me great His numerous awards and recognitions in- tended purpose. pleasure to rise today to honor Audrey Lee Ja- Mr. Chairman, this bill also cuts other critical clude the Public Health Service’s Commenda- cobs. She is president and chief executive offi- law enforcement programs, such as the ad- tion Medal, Meritorious Service Medal, and cer of Lyndon Baines Johnson Health Com- ministration’s Community Oriented Policing Distinguished Service Medal, as well as the plex. After years of working throughout the Service (COPS) program. H.R. 4690 provides Secretary’s Award for Distinguished Service. United States for several of the world’s largest only $595 million, 55 percent less than the Dr. Jacobsen has also served on numerous corporation, Ms. Jacobs is pleased to be re- $740 million requested for the COPS program. international advisory boards including the Tu- turning to serve the Brooklyn community in These deep cuts come at the expense of sev- berculosis Task Force of the Centers for Dis- which she was born. She is a great product of eral important initiatives within the overall ease Control and Prevention, the World Health the New York City Public school system, grad- COPS program. This bill does not provide Organization’s Working Group on Leprosy uating from Andrew Jackson High School as funding for a COPS community prosecutors Control, the International Leprosy Association, one of the top students in her class. Audrey program for which $200 million was requested. and the World Health Organization’s Special attended Vassar College on a full scholarship It does not fund a new crime prevention pro- Action Projects for the Elimination of Leprosy. and majored in psychology. In addition to Dr. Jacobsen’s lifelong com- gram for which $135 million was requested. Ms. Jacobs developed a keen interest in mitment to leprosy research, treatment and Finally this bill underfunds, by 37 percent, the business as she watched her entrepreneurial eradication, I would also like to recognize and request for public safety and community polic- parents establish and run their own small busi- thank him for his help in making the transition ing grants. nesses. She began her career in marketing, from the Gillis W. Long Hansen’s Disease This FY 2001 Commerce-Justice-State ap- working for several multi-national corporations, Center to the Carville Academy a smooth one. propriations bill also fails to fund the $21 bil- including Mobil Oil Corporation and AT&T. He can take great pride in knowing that his ef- lion authorization to ensure proper monitoring She wanted to broaden her base of skills and forts at the center have not only helped his and compliance with international trade agree- knowledge in business, so in 1985, she en- patients, but will also help thousands of youth ments. These monies were authorized as part tered the University of Texas at Austin. In for years to come. Again, it is an honor to of a bipartisan agreement that this House 1988, she was awarded her Masters in Busi- have this opportunity and I wish Dr. Jacobsen passed along with PNTR with China just a few ness Administration degree and realized how all the best. weeks ago. While approval of PNTR was in important education was and went on to law our national interest, this bipartisan proposal f school. She attended Columbia Law School, was offered to address congressional con- IN HONOR OF THE SHAOLIN majoring in corporate law. Afterwards, she cerns about Chinese compliance with their PERFORMING GROUP joined Mayor N. Dinkins’ administration as an WTO obligations, human rights practices in assistant to the President of the NYC Health China, and Taiwan’s entry into the WTO. I am HON. DENNIS J. KUCINICH and Hospitals Corporation. That provided an disappointed that the leadership reneged on OF OHIO introduction to the field of health care adminis- tration for Ms. Jacobs, and she realized from its commitment to provide funding for this im- IN THE HOUSE OF REPRESENTATIVES portant monitoring and compliance agreement. that experience. ‘‘. . . how many people in Mr. Chairman, because of these and other Thursday, June 29, 2000 New York were not receiving medical care and funding shortfalls, and because the bill con- Mr. KUCINICH. Mr. Speaker, I rise to pay how important it was to provide all New York- tains objectionable riders, such as preventing tribute to the Shaolin Performing Group, a ers, regardless of ethnicity, race, or social

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 June 30, 2000 EXTENSIONS OF REMARKS 13429 class, or access to high quality health care.’’ Lexington, KY, who have been named Small INTRODUCTION OF LEGISLATION After the Dinkins administration she returned Business People of the Year. Jacqueline Y. TO RENAME THE POST OFFICE to the practice of law. Throughout the years, Smith and Deborah L. Dyor, have within a IN CARROLLTON, GEORGIA Ms. Jacobs has been active in the alumni as- decade successfully turned their drug-research AFTER THE HONORABLE SAM sociations of her college and law school, and company, Central Kentucky Research Associ- ROBERTS she has helped to raise funds for many com- ates into a million-dollar company. munity and political organizations. HON. BOB BARR These two women began their company in Recently, William F. Green, the Chairman of OF GEORGIA LBJ’s Board of Directors talked with Ms. Ja- 1991 with a mere $50 and by 1999 had netted IN THE HOUSE OF REPRESENTATIVES cobs about the changing health care land- sales of $1.6 million. It’s an honor for me to Thursday, June 29, 2000 scape and LBJ’s developing role in it. After the recognize the determination and commitment meeting Ms. Jacobs reflected on taking the these two Central Kentuckians have exhibited Mr. BARR of Georgia. Mr. Speaker, I rise reins of this proud clinic which, for 32 years, over the past 10 years. Their company con- today to introduce legislation to rename the has been integral to the health and well being ducts the tests required before the U.S. Food post office located in Carrollton, Georgia, after the Honorable Sam Roberts. of Bedford-Stuyvesant. She quickly realized and Drug Administration approves new drugs that it was the opportunity of a lifetime. And, Sam Roberts was born on April 10, 1937, in or approves new uses for drugs already on we are grateful for her ability to seize this op- Rome, Georgia. After obtaining a degree in in- portunity. the market. surance and risk management from Georgia Mr. Speaker I ask you and my colleagues to The sacrifices of these two women have State University in 1963, Sam Roberts delved join me in honoring the contributions of Audrey been enormous, as they resigned positions into a career of management, heading Roberts Lee Jacobs. Our community, state, and nation and ventured out to begin Central Kentucky Insurance Agency. After many years in this are grateful for her dedicated service. Research Associates. Their efforts are most profession, Sam decided to run for the Geor- gia State Senate. He won his Senate seat to f worthy of the Small Business People of the represent District 30 in 1996, and was re- Year Award. RIO GRANDE CITY, TX, STUDENTS elected in 1998. His second term was trag- WIN THE WORLD CHAMPIONSHIP Small businesses are the backbone of a ically cut short after his untimely death after a TITLE IN THE ODYSSEY OF THE community and epitomize the entrepreneurial long bout with cancer, on January 3, 2000, in MIND CONTEST spirit that has long existed in our country. The Douglasville, Georgia. hard work of small businesses owners, such Throughout his life, State Senator Sam Rob- HON. CIRO D. RODRIGUEZ as these two women, have allowed many gen- erts was involved in countless community or- OF TEXAS erations of Americans to achieve the suc- ganizations and civic clubs, including: Presi- dent of the Sertoma Club and the Douglas IN THE HOUSE OF REPRESENTATIVES cesses and rewards our nation offers to all its County Rotary Club; National Director of the citizens. I salute Jacqueline Smith and Debo- Thursday, June 29, 2000 U.S. Jaycees (Government Affairs); and State Mr. RODRIGUEZ. Mr. Speaker, today I rec- rah Dyor for their dedication and drive, which Vice President of the Georgia Jaycees. ognize the Odyssey of the Mind world-cham- has and will continue to benefit not only the He also served on the Board of Directors of pion team members, coaches, and parents of people of Kentucky, but all of America. the American Cancer Society and the March Ringgold Elementary School in Rio Grande of Dimes. He was the Chaplain of the Flint Hill City, TX. At the Odyssey of the Mind world f Masonic Lodge. Sam Roberts was a member championship competition for pre-teens, this of the Douglas County Development Authority select group of 5th graders captured the world PERSONAL EXPLANATION and the Douglas Chamber of Commerce. He title. This banner accomplishment reflects the was also a youth football coach for 20 years. competitors’ academic commitment, keen Sam Roberts received numerous community imagination, creativity, and countless hours of HON. STEVEN R. ROTHMAN and civic awards, such as Who’s Who in preparation. OF NEW JERSEY Georgia, and Small Business Person of the Odyssey of the Mind, a worldwide creative Year from the Douglas County Chamber of problem-solving, engages students in exer- IN THE HOUSE OF REPRESENTATIVES Commerce. He was also Associate of the cises that challenge their critical thinking skills. Wednesday, June 28, 2000 Year of the Douglas County Home Builders More than 1 million participants in 50 states Association. Sam was admitted to the and 20 countries around the world compete in Mr. ROTHMAN. Mr. Speaker, On June 19, Carrollton Trojan Hall of Fame, and was a various age and subject categories. The 2000, and on June 23, 2000, because I was Jaycees International Senator. world-champion Odyssey of the Mind team attending personal family events, I was not While serving in the Georgia State Senate, members, Jessica Chapa, Ashley Escobar, present to record my votes on rollcall votes Sam Roberts worked extremely hard for swift and strong punishment of criminals, to im- Justin Guzman, Karah Hiles, Leonel Lopez III, No. 293 and No. 319. These votes pertained Armando R. Vela, and Valerie Villarreal, dem- prove education for children, and to make our to striking language in the Fiscal Year 2001 onstrated world-class dedication to earn this state government more efficient. Before he international recognition. VA–HUD and Commerce-Justice-State Judici- passed away, he had introduced Senate Bill I join the people of Rio Grande City, TX, ary Appropriations bills which prohibited agen- 69, which was pushed through by lawmakers and the United States, to commend the trophy cies of the Federal Government from using as a tribute to Sam Roberts. The bill dispels winners for capturing the world championship funds to pursue lawsuits against tobacco com- the need to carry an insurance card to prove title of the Odyssey of the Mind competition. panies. coverage and allows for computerized records f Because I strongly believe that the tobacco of coverage and renewals. Sam Roberts was a resident of Douglas companies must be held responsible for the HONORING JACQUELINE Y. SMITH County for more than 30 years. He was a AND DEBORAH L. DYOR AS millions of dollars in health care expenses that member of Heritage Baptist Church, with his SMALL BUSINESS PEOPLE OF the Federal Government has paid for tobacco wife, Sue. Sam is also survived by three chil- THE YEAR related illnesses through federally funded dren—Sherrie, Beau, and Amber. health care programs, had I been present for Mr. Speaker, the career of Senator Sam HON. ERNIE FLETCHER these votes, I would have voted as follows: Roberts—as a professional, as a legislator, as OF KENTUCKY On rollcall vote No. 293, 1 would have voted a community leader, and as a family man— IN THE HOUSE OF REPRESENTATIVES ‘‘aye.’’. clearly demonstrates why we should name this Post Office in his community, in his honor. I Thursday, June 29, 2000 On rollcall vote No. 319, 1 would have voted ask you and my colleagues to join me in re- Mr. FLETCHER. Mr. Speaker, it’s an honor ‘‘aye’’. naming the U.S. Post Office in Carrollton, to speak today on behalf of two women from Georgia, after the Honorable Sam Roberts.

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 13430 EXTENSIONS OF REMARKS June 30, 2000 BREAST CANCER RESEARCH HONORING DR. ORAN LITTLE’S 12 of the Executive Committee of the National STAMP REAUTHORIZATION ACT YEARS OF SERVICE AS THE UNI- Association for the Advancement of Colored OF 2000 VERSITY OF KENTUCKY’S DEAN People (NAACP), and Dr. W.E.B. Dubois, edi- OF AGRICULTURE tor of the Crisis magazine pressured the War HON. RICK LAZIO Department to establish a training camp that OF NEW YORK HON. ERNIE FLETCHER resulted in the commissioning of more than IN THE HOUSE OF REPRESENTATIVES OF KENTUCKY 1,300 black officers; Whereas today, the NAACP notes signifi- Thursday, June 29, 2000 IN THE HOUSE OF REPRESENTATIVES Thursday, June 29, 2000 cant improvement in the status of African Mr. LAZIO. Mr. Speaker, I rise to introduce Americans serving in the defense of the Na- the bill entitled the Breast Cancer Research Mr. FLETCHER. Mr. Speaker, it’s an honor tion; substantial portions of America’s working Stamps Reauthorization Act of 2000. to speak today on behalf of Dr. Oran Little population are directly or indirectly employed Breast cancer is the most commonly diag- who is stepping down from his position at The by the Department of Defense as uniformed nosed cancer among women in the United University of Kentucky as the Dean of Agri- military personnel, Federal employees, or De- States. More than 2 million American women culture. For twelve years Oran Little, has been partment of Defense contractors/sub-contrac- are currently living with the disease, 1 million not only the Dean of Agriculture at the Univer- tors and African Americans compose signifi- of whom have yet to be diagnosed. This year sity of Kentucky but also the Director of the cant percentages of this work force; these sta- alone, 182,800 women will be diagnosed with Kentucky Agricultural Experiment Station, the tistics represent employment, training, and breast cancer. Over 40,000 of them will lose Director of the Kentucky Cooperative Exten- educational opportunities for African American their battle with this killer. sion Service and a Professor of Animal youth; Breast cancer has taken an awful toll on the Science. For Dean Little’s commitment to edu- Whereas July 12, 2000, the Silver Anniver- people of my home state. New York has the cation and his many years of service, I salute sary of the Armed Services and Veterans Af- second-highest breast cancer mortality rate in him. fairs Military Awards Dinner marks the untiring the country. Between 1980 and 1994, the inci- Oran Little is a leader in the Lexington com- efforts of the NAACP to ensure equal oppor- dence of breast cancer in New York increased munity and his dedication to the youth of the tunity in the Department of Defense through a nearly 18 percent. Enactment of this bill will go University of Kentucky will never be forgotten national recognition program to award individ- a long way toward helping our effort to in- by the many people he has touched over the uals within the Department of Defense who crease funding for breast cancer research. years. I commend Dean Little and thank him have made significant contributions to pro- Only through the help of continued cancer re- for his outstanding service to Fayette County. moting equal opportunity and civil rights; search have more and more people become During his tenure, the University of Kentucky’s Whereas the NAACP does not hesitate to cancer survivors in recent years. academic, research, and extension programs confront the Defense Department whenever Since the issuance of the Breast Cancer have provided invaluable services to the Com- issues involving civil rights are in question; the Research stamp in the summer of 1998, 164 monwealth of Kentucky and have gained sub- national awards program testifies to the efforts million Breast Cancer Research stamps have stantially in national and international recogni- of the Department of Defense and the Uni- been sold raising over $12 million for breast tion. formed Services to stay the course and im- cancer research. The stamp provides a con- Dean Little’s determination to constantly im- prove upon the Department of Defense and venient avenue for participation in the battle prove the University of Kentucky’s facilities the Uniformed Services to become introspec- against this horrible disease. Unfortunately, has led to many new competitive research and tive and as equal opportunity-related issues without congressional intervention, the stamp technology capabilities which will eventually emerge, to remain vigilant and keenly aware will expire on July 28, 2000. Valuable research result in new opportunities for crop diversifica- of the civil rights implications. funds, as well as a mechanism to heighten tion, as well as new science based information Be it Resolved finally That this NAACP na- public awareness of this horrible disease, will on agricultural techniques. I thank you Oran tional recognition program continue to cul- be lost. Little for helping to mold and develop the Uni- minate in an awards banquet and ceremony This bill, The Breast Cancer Research versity of Kentucky’s Agriculture Department with pageantry commensurate with the high Stamp Reauthorization Act of 2000 would ex- into what it is today. honor and dignity bestowed upon the award tend the sale of the Breast Cancer Research f recipients. stamp for an additional two years. The stamp SILVER ANNIVERSARY OF THE f would continue to cost 40 cents and sell as a ARMED SERVICES AND VET- HONORING BRIAN R. MARTINOTTI first class stamp. The additional funds that are ERANS AFFAIRS MILITARY raised will go directly to breast cancer re- AWARDS DINNER search at the National Institutes of Health and HON. STEVEN R. ROTHMAN the Department of Defense. HON. ELIJAH E. CUMMINGS OF NEW JERSEY I am pleased to report that this reauthoriza- IN THE HOUSE OF REPRESENTATIVES tion bill has tremendous support throughout OF MARYLAND the health community. Supporters of the IN THE HOUSE OF REPRESENTATIVES Thursday, June 29, 2000 Breast Cancer Stamp Reauthorization Act of Thursday, June 29, 2000 Mr. ROTHMAN. Mr. Speaker, I rise today to 2000 include the American Cancer Society, Mr. CUMMINGS. Mr. Speaker, whereas the offer my congratulations to a remarkable cit- the American Medical Association, the Y-Me leaders of America’s Revolutionary War as- izen, Brian R. Martinotti of Cliffside Park, New National Breast Cancer Organization, Leader- cribed honor, gallantry and patriotism to the Jersey, who on May 16, 1999 was honored ship America, the National Association of performance of military duty reserved for free with the ‘‘Christopher Columbus Citizenship Women’s Health, the American Cancer white men to garner independence, freedom, Award’’ by the Italian-American Police Society League, the American College of Surgeons, liberty and equality from the British Crown; of New Jersey. Friends of Cancer Research, and many oth- Whereas Crispus Attucks, a black slave, I have know Brian for many years and I ers. was the first to die while confronting British have always found him to be an outstanding A Breast Cancer Research Stamp remains soldiers in the Boston Massacre; 5,000 of attorney, family man, and a trusted friend. just as necessary today as it was when this those who fought during the Revolutionary After earning his undergraduate degree in authority was signed into law two years ago. War were black; Business Administration from Fordham Univer- According to the American Association for Whereas the military heritage of African sity, Brian received his Juris Doctor from Cancer Research, 8 million people are alive Americans is as long as the history of a black Seton Hall University School of Law. He is a today as a result of cancer research. To say presence in North America; black participa- member of the New Jersey State Bar, and has that every dollar we continue to raise will save tion—in military actions—has not received ex- also been admitted to the United States Su- lives, can only underscore the importance of tensive popular support nor has such partici- preme Court Bar and the New Jersey Federal this legislation. pation been undertaken without difficulty; District Court Bar. I urge my colleagues to join me in enacting Whereas in 1917, when America entered In addition to being a partner in the law firm this important legislation. World War I, Dr. Joel Spingarn, then-chairman of Beattie Padovano, where he specializes in

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 June 30, 2000 EXTENSIONS OF REMARKS 13431 civic litigation, Brian is a tax attorney for the of Atlanta, and the National Pro-Life Political the 13th amendment in 1865. Before that Boroughs of Fairview and Little Ferry and also Action Committee. date, slave labor was both legal and common serves as a public defender in the Borough of Throughout Congressman McDonald’s eight throughout the South including the District of Moonachie. Further, Brian has dedicated years as a Member of Congress, he received Columbia, Maryland, and Virginia. many hours to civic activities in Bergen Coun- many awards and acknowledgments. In 1977, Public records attest to the fact that African- ty. He is a Councilman in the Borough of Cliff- he was presented with the Bernardo O’Higgins American slave labor was used in the con- side Park, and is also Vice-President of the Award by the government of Chile. In 1978, struction of the U.S. Capitol. We should re- Bergen County 200, Trustee to the Greater he was given a certificate of appreciation for member as well that many slaves at that time Pascack Valley Chamber of Commerce, and the National Human Rights Committee for were veterans who had fought bravely for Legal Counsel for the Italian-American Police POWs and MIAs. In 1980, the Naval Reserve independence during the American Revolu- Society of New Jersey. Association named him ‘‘Man of the Year,’’ tionary War. Brian has given much to the State of New and presented him with the Distinguished It is time that we recognize the contributions Jersey and to his community, and he well de- Service Award. In 1981, the Congressional of these slave laborers, and I am proud today serves the honor of the ‘‘Christopher Colum- Medal of Honor Society presented him with its to join with Congressman JOHN LEWIS of Geor- bus Citizenship Award’’ that has been be- distinguished service award for his leadership gia in introducing a resolution to establish a stowed upon him by the Italian-American Po- on national defense issues. He was also hon- special Congressional Task Force which will lice Society of New Jersey. My congratulations ored by the American Security Council for his recommend an appropriate memorial to the la- and appreciation go out to Brian and his won- work in the same area. Congressman McDon- bors of these great Americans to be displayed derful family, and I take great pleasure in rec- ald also consistently received the Watchdog of prominently here in the Capitol. ognizing him today. the Treasury Award from the National Federa- This year we celebrate the 200th anniver- f tion of Independent Business (NFIB). sary of the first session of Congress to be Congressman McDonald had a strong inter- held here in this historic building. I think that’s INTRODUCTION OF LEGISLATION est in foreign affairs. He was one of six law- a long enough time to go without a public and TO RENAME THE FEDERAL makers selected to attend a three-day con- visible acknowledgement of the incongruous COURTHOUSE IN ROME, GA, ference commemorating the 30th anniversary but important historical fact of the significant AFTER THE HONORABLE LAW- of the United States Mutual Defense Treaty contribution of slaves to the construction of the RENCE PATTON McDONALD with South Korea. However, he was the only world’s greatest symbol of freedom. Member of Congress aboard Korea Airlines f HON. BOB BARR Flight 007 when it apparently strayed into So- H.R. 4461, AGRICULTURE OF GEORGIA viet airspace and was shot down without prov- APPROPRIATIONS FOR FY 2001 IN THE HOUSE OF REPRESENTATIVES ocation, by a Soviet fighter, on August 31, 1983. Thursday, June 29, 2000 Larry McDonald was survived by his wife, SPEECH OF Mr. BARR of Georgia. Mr. Speaker, today I Kathy, and his five children, Larry, Lauren, HON. SHEILA JACKSON-LEE rise to introduce legislation to rename the fed- Tryggvi Paul, Callie Grace, and Mary Eliza- OF TEXAS eral courthouse located in Rome, GA, in the beth. He is remembered for his distinguished IN THE HOUSE OF REPRESENTATIVES 7th District, after the Honorable Lawrence Pat- career in Congress and the many lives he ton McDonald. Several members in this touched not only in the Seventh Congressional Wednesday, June 28, 2000 Chamber today had the privilege of serving District of Georgia, but across America and Ms. JACKSON-LEE of Texas. Mr. Speaker, with Congressman McDonald and I have the around the world. I rise to oppose the rule to H.R. 4461, Appro- distinct honor to represent his congressional Mr. Speaker, Congressman Larry McDon- priations for the Department of Agriculture for district. ald’s career clearly demonstrates why we FY 2001. Unfortunately, I must oppose the Lawrence Patton McDonald was born on should name this court house in his honor. I rule because the legislation severely under- April 1, 1935, in DeKalb County, GA. After re- ask you and my colleagues to join me in re- cuts major initiatives for the farming commu- ceiving a doctorate in Medicine from Emory naming the federal court house building in nity. University in 1957, Lawrence, or ‘‘Larry,’’ Rome, GA, after the Honorable Lawrence Pat- The bill reported by committee cuts the McDonald courageously served his country for ton McDonald, deceased Member of Con- funds requested by the President for curbing four years, primarily as an overseas flight sur- gress. monopolistic pricing practices in the food in- geon. In 1966, he settled in Cobb County f dustry. These practices are becoming a matter where he practiced medicine. During his med- of considerable concern in the agricultural sec- ON THE CONTRIBUTION OF ical career he was a member of the State tor and are viewed by many farmers as a SLAVES TO THE CONSTRUCTION Medical Education Board, the National Historic major factor in the continued depression of OF THE CAPITOL Society, and the Cobb County Chamber of farm commodity prices. Commerce. Like my colleagues, I am concerned that we On January 1, 1975, Larry McDonald began HON. J.C. WATTS, JR. must restore economic health to American his first term in Congress. Congressman OF OKLAHOMA farms. To do that, we must curb the rapid ex- McDonald dedicated his political life to the de- IN THE HOUSE OF REPRESENTATIVES pansion of monopolistic practices that plague fense of the United States Constitution. Thursday, June 29, 2000 many sectors of the food industry. A dis- During his congressional career, Congress- Mr. WATTS of Oklahoma. Mr. Speaker, proportionate amount of companies control man McDonald was presented with the De- today I am introducing legislation that I believe cattle purchases, beef processes, and whole- fender of Individual Rights award by the Na- to be critically important in highlighting a dis- sale marketing. And in merely 5 years, we tional Rifle Association. He was also a mem- turbing but important fact about the history of have seen the margin between the price paid ber of the American Pistol and Revolver Asso- this magnificent building and symbol of free- by farmers and the wholesale price of beef ciation, Advisory Board of the National Com- dom, the U.S. Capitol. jump by 24 percent. Don’t we owe more to the mittee for the Right to Keep and Bear Arms, Every day that we are here in session, our American farmer? Gun Owners of America, National Advisory debates and legislative activities underscore The administration requested $7.1 million for Council of the Second Amendment Founda- that this is a living building that embodies the U.S. Department of Agriculture’s Grain, In- tion, and Citizens Committee for the Right to America’s greatest principles of democracy spection, Packers, and Stockyards Administra- Keep and Bear Arms. and liberty. However, one significant historical tion (GIPSA) to investigate market concentra- Congressman McDonald was a strong sup- fact about this building is often forgotten, and tion in agriculture and bring legal actions to porter of the right to life. He was an active that fact is that much of the construction of stop anti-competitive behavior and other abu- member of the Georgia Right to Life Com- this Capitol in the 18th and 19th centuries was sive practices. Unfortunately, the Republican mittee, Board of Advisors for American Life done by slave labor. leadership on the House Appropriations pro- Lobby, Congressional Advisory Council of As we all know, slavery was not eliminated vided less than 20 percent of the requested Christian Voice, Advisory Council of Birthright across the United States until the ratification of funds. Such action casts considerable doubt

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 13432 EXTENSIONS OF REMARKS June 30, 2000 on the administration’s initiative to curb anti- were given to them by the government at no ber of Company A, 19th Infantry Regiment, trust violations by some companies. We can cost until 1974; a full ten years after Wash- then-Sergeant First Class Adams distin- do better, Mr. Speaker. ington required health warnings. Krauss as- guished himself above and beyond the call of Some of my colleagues have already em- serts that the Federal Government cannot as- duty in action against an overwhelming hostile phasized that the U.S. Department of Justice sume the rights of individual smokers to sue force. On February 4, 1951, Adams and his cannot bring antitrust action against these cor- for damages. company came under intense attack by an es- porations giants because federal law reserves In 1947, the United States Supreme Court, timated 250 enemy troops. Against this that responsibility for the Department of Agri- in U.S. v. Standard Oil, concluded that the daunting force, Adams led a valiant bayonet culture. At the same time, no one has ever Federal Government may not, unless it has charge, supported by only a handful of his given the Agriculture Department adequate re- expressed statutory to do so, sue third parties own men. Despite sustaining painful wounds, sources to meet its antitrust responsibilities. to recover health care costs. Following the rul- he charged the enemy position and engaged In addition, the bill rejects the administra- ing, Congress passed the Medical Care Re- in vicious hand-to-hand combat for more than tion’s request for FDA’s tobacco program. Un- covery Act (MCRA), which allows the Govern- an hour without rest. Due to the determination fortunately, some still oppose the FDA’s valid ment to recover the medical treatment costs of Adams and the men under his charge, the jurisdiction to include the regulation of to- given to individual military and federal employ- surviving enemy retreated in confusion, re- bacco. This is regrettable and ill-advised at ees injured by a third party’s negligence. moving the threat to the larger American force this time. At times, there are those who seek MARA, however, does not allow the recovery in the area. to entangle controversial issues that should of general Medicare costs. Since its passage, Perhaps no greater testament to his gallant not be contained in an appropriations meas- not once has Washington made claims for service exists than the freedom Adams and ure. This is one of those times. costs incurred by Medicare. his fellow soldiers bequeathed to the people of Mr. Speaker, I urge my colleagues to op- The Secondary Payer provisions added to South Korea. They remain a free people today pose the legislation. MARA in 1980 and 1984 give the Federal because men of courage and principle would f Government authority to recover Medicare not yield to the forces of tyranny. costs previously promised to be paid by insur- I will share the pride of his family, his com- VETERANS’ HEALTH CARE ance companies. However, as noted by munity, and his nation on this Fourth of July, Krauss, the Secondary Payer provision has when Stan Adams’ widow presents his Medal SPEECH OF never been interpreted to allow the Federal of Honor to the Oregon Veterans Home in The HON. ROBIN HAYES Government to sue alleged wrongdoers, only Dalles, Oregon. There it will remain for pos- OF NORTH CAROLINA insurers are allowed. To make recoveries terity, a permanent tribute to the bravery and IN THE HOUSE OF REPRESENTATIVES under the Secondary Payer provisions, the dedication of one of America’s greatest he- Tuesday, June 20, 2000 Government must be able to prove the sales roes. of tobacco, alone, are responsible for wrong- f Mr. HAYES. Mr. Chairman, I rise today to doing. Considering that Washington has urge my colleagues to oppose this amend- played an active part in regulating, sub- THE FAMILY HEALTH TAX CUT ment. This amendment jeopardizes the appro- sidizing, promoting and profiting from tobacco ACT priations authority granted to Congress by the products while completely aware of its health Constitution and will set a precedent that the risks, such proof of autonomous wrongdoing is HON. RON PAUL administration and the President will determine difficult to find. Krauss concludes his article, OF TEXAS spending instead of the U.S. Congress. I ask describing the federal tobacco lawsuit as a IN THE HOUSE OF REPRESENTATIVES my colleagues to consider the precedent that ‘‘thinly veiled quest for billions in federal rev- Thursday, June 29, 2000 this amendment will set with respect to our au- enue,’’ unobtainable through the U.S’s con- thority in Congress to determine spending lev- stitutional taxing process. Mr. PAUL. Mr. Speaker, today I attempted els for our country. This amendment is not For my friends on the other side who be- to help working Americans provide for their about tobacco companies, it’s about protecting moan any kind of reduction in government children’s health care needs by introducing the funds for veterans’ health care and whether or spending, it’s almost amazing they are work- Family Health Tax Cut Act. The Family Health not you believe in the rule of law. Don’t take ing to cut funding for veteran health care and Tax Cut Act provides parents with a tax credit $20 million from veterans’ health care or any for military families, just to advance the polit- of up to $500 for health care expenses of de- other agency to pay for a lawsuit that history ical agenda of the administration. I strongly pendent children. Parents caring for a child and legal precedent say you will not win. That urge my colleagues to vote against this with a disability, terminal disease, cancer, or would be a tremendous disservice to our vet- amendment. any other health condition requiring special- erans and our taxpayers. In today’s Wash- f ized care would receive a tax credit of up to ington Times, Professor Michael Krauss ar- $3,000 to help cover their child’s health care gued the very same thing. ‘‘In 1997, Miss COMMEMORATING THE HEROISM expenses. The tax credit would be available to Reno herself testified before the Senate that OF STANLEY T. ADAMS, RECIPI- all citizens regardless of whether or not they the Federal Government had no legal basis to ENT OF THE CONGRESSIONAL itemize their deductions. recover health care expenditures from tobacco MEDAL OF HONOR The tax credits provided in this bill will be companies.’’ The Master Settlement Agree- especially helpful to those Americans whose ment between the states and the companies HON. GREG WALDEN employers cannot afford to provide their em- was supposed to remedy this situation. Mr. OF OREGON ployees health insurance. These workers must Krauss continues, the ‘‘White House had failed IN THE HOUSE OF REPRESENTATIVES struggle to meet the medical bills of them- to enact its desired 55-cent-per-pack federal selves and their families. This burden is espe- cigarette, Miss Reno shamelessly filed the Thursday, June 29, 2000 cially heavy on parents whose children have a very same lawsuit she had explicitly admitted Mr. WALDEN of Oregon. Mr. Speaker, it is medical condition, such as cancer or a phys- was groundless.’’ not necessary for me to explain the signifi- ical disability, which requires long-term or spe- As Mr. Krauss continues to argue, ‘‘the to- cance of the Congressional Medal of Honor. cialized health care. bacco manufacturers never duped the Federal Its storied history, and the legend of the he- As an OB–GYN who has had the privilege Government. Washington has known for dec- roes who have won it, is well known to most of delivering more than four thousand babies, ades that smoking is dangerous. Since 1964, Americans. With this decoration, the nation I know how important it is that parents have every pack of cigarettes sold in the United pays tribute to the bravest among its warriors, the resources to provide adequate health care States has carried a federally mandated warn- the men whose courage serves as a timeless for their children. The inability of many working ing of the health risks of smoking. So Wash- inspiration to their comrades and a reminder Americans to provide health care for their chil- ington has no direct fraud suit against Big To- of the fierceness of the American people to dren is rooted in one of the great inequities of bacco.’’ In 1997 the Department of Veterans our enemies. the tax code: Congress’ failure to allow individ- Affairs rejected former soldiers’ allegations Among its winners is Stanley T. Adarns, a uals the same ability to deduct health care that they were sickened by cigarettes which veteran of the Korean war. Serving as a mem- costs that it grants to businesses. As a direct

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 June 30, 2000 EXTENSIONS OF REMARKS 13433 result of Congress’ refusal to provide individ- continued full participation in the Bay’s res- ways, creating artificial or natural reefs, restor- uals with health care related tax credits, par- toration and in meeting with goals and objec- ing wetlands and sea-grass beds, and pro- ents whose employers do not provide health tives of the recently signed Chesapeake 2000. ducing oysters for restoration projects. insurance have to struggle to provide health First, this measure would move administration Fourth, the legislation would establish an care for their children. Many of these parents and oversight of the NOAA Bay Office from internet-based Coastal Predictions Center for work in low-income jobs; oftentimes their only the National Marine Fisheries Service (NMFS) the Chesapeake Bay. Resource managers recourse to health care is the local emergency to the Office of the Undersecretary to help fa- and scientists alike agree that we must make room. cilitate the pooling of all of NOAA’s talents and better use of the various modeling and moni- Sometimes parents are forced to delay take better advantage of NOAA’s multiple ca- toring systems and new technologies to im- seeking care for their children until minor pabilities. In addition to NMFS there are four prove prediction capabilities and response to health concerns that could have been easily other line offices within NOAA with programs physical and chemical events within the Bay treated become serious problems requiring ex- and responsibilities critical to the Bay restora- and tributary rivers. There are substantial pensive treatment! If these parents had ac- tion effort—the Office of Oceanic and Atmos- amounts of data collected and compiled by cess to the type of tax credits provided in the pheric Research, National Ocean Service, Na- Federal, state and local government agencies Family Health Tax Cut Act they would be bet- tional Weather Service, and National Environ- and academic institutions including information ter able to provide care for their children and mental Satellite, Data and Information Service. on weather, tides, currents, circulation, cli- our nation’s already overcrowded emergency Getting these different line offices to pool their mate, land use, coastal environmental quality, room facilities would be relieved of the burden resources and coordinate their activities is a aquatic living resources and habitat conditions. of having to provide routine care for people serious challenge when they do not have a di- Unfortunately, little of this data is coordinated who otherwise cannot afford any other alter- rect stake or clear line of responsibility to the and organized in a manner that is useful to native. Chesapeake Bay Program. Placing the NOAA the wide range of potential users. The Coastal According to research on the effects of this Bay office within the Under Secretary’s Office Predictions Center would serve as a knowl- bill done by my staff and legislative counsel, will help assure the coordination of activities edge bank for assembling monitoring and the benefit of these tax credits would begin to across all line organizations of NOAA. modeling data from relevant government be felt by joint filers with incomes slightly Second, the legislation authorizes and di- agencies and academic institutions, inter- above 18,000 dollars a year or single income rects NOAA to undertake a special five-year preting that data, and organizing it into prod- filers with incomes slightly above 15,000 dol- study, in cooperation with the scientific com- ucts that are useful to resource managers, sci- lars per year. Clearly this bill will be of the munity of the Chesapeake Bay and appro- entists and the public. most benefit to low-income Americans bal- priate other federal agencies, to develop the Finally, the legislation would increase the ancing the demands of taxation with the needs knowledge base required for understanding authorization for the NOAA Bay Program from of their children. multi-species interactions and developing the current level of $2.5 million to $6 million Under the Family Health Tax Cut Act, a multi-species management plans. To date, per year to enhance current activities and to struggle single mother with an asthmatic child fisheries management in Chesapeake Bay and carry out these new initiatives. For more than would at last be able to provide for her child’s other waters, has been largely based upon a decade, funding for NOAA’s Bay Program needs; while a working-class family will not single-species plans that often ignore the crit- has remained static at an annual average of have to worry about how they will pay the bills ical relationships between water and habitat $1.9 million. If we are to achieve the ultimate, if one of their children requires lengthy hos- quality, ecosystem health and the food webs long-term goal of the Bay Program—pro- pitalization or some other form of specialized that support the Bay’s living resources. There tecting, restoring and maintaining the health of care. is a growing consensus between scientific the living resources of the Bay—additional fi- Mr. Speaker, this Congress has a moral re- leaders and managers alike that we must nancial resources must be provided. sponsibility to provide low-income parents move beyond the single species approach to- The Chesapeake Bay Program, with the im- struggling to care for a sick child tax relief in ward a wider, multi-species and ecosystem portant participation of the NOAA Bay Office, order to help them better meet their child’s perspective. Chesapeake 2000 calls for devel- has exhibited leadership utilizing the marine medical expenses. I would ask any of my col- oping multi-species management plans for tar- sciences to provide guidance for decision leagues who would say that we cannot enact geted species by the year 2005 and imple- makers in the restoration and protection of this the Family Tax Cut Act because it would menting the plans by 2007. In order to achieve unique natural resource. This bill will not only cause the government to lose too much rev- these goals, NOAA must take a leadership continue that leadership but will significantly enue, who is more deserving of this money, role and support a sustained research and advance the knowledge generated from the Congress or the working-class parents of a monitoring program. The Chesapeake Bay additional functions called for in the reauthor- sick child? NOAA multi-species plans can, in fact, provide ization. This bill is supported by a number of The Family Health Tax Cut Act takes a important information to other fisheries pro- Bay organizations and members of the sci- major step toward helping working Americans grams throughout the United States. entific community. meet their health care needs by providing Third, the legislation authorizes NOAA to f them with generous health care related tax carry out a small-scale fishery and habitat res- cuts and tax credits. I urge my colleagues to toration grant and technical assistance pro- HONORING THE LATE BOB support the pro-family, pro-health care tax cuts gram to help citizens organizations and local MURDOCH OF TYLER, TX contained in the Family Health Tax Cut Act. governments in the Chesapeake Bay water- f shed undertake habitat, fish and shellfish res- HON. RALPH M. HALL toration projects. Experience has shown that, OF TEXAS INTRODUCTION OF A BILL TO with the proper tools and training, citizens’ IN THE HOUSE OF REPRESENTATIVES AMEND THE NATIONAL OCEANIC groups and local communities can play a tre- AND ATMOSPHERIC ADMINISTRA- mendous role in fisheries and habitat protec- Thursday, June 29, 2000 TION AUTHORIZATION ACT OF tion and restoration efforts. The new Bay Mr. HALL of Texas. Mr. Speaker, it is my 1992 Agreement has identified a critical need to not privilege today to recognize an exceptional in- only expand and promote community-based dividual, Bob Murdoch, of Tyler, TX, who HON. BENJAMIN L. CARDIN programs but to restore historic levels of oys- passed away on May 27 of this year at the OF MARYLAND ter production, restore living resource habitat age of 81. Bob was well-known throughout IN THE HOUSE OF REPRESENTATIVES and submerged aquatic vegetation. The NOAA Smith County and will be remembered for his small-grants program, which this bill would au- leadership and tireless dedication to his com- Thursday, June 29, 2000 thorize, would complement EPA’s Chesapeake munity. Mr. CARDIN. Mr. Speaker, the legislation Bay small watershed program, and make In 1951 Bob became general manager of which I am introducing, which is a companion ‘‘seed’’ grants available on a competitive, cost- the annual East Texas State Fair and held the bill to the one introduced by Senator SAR- sharing basis to local governments and non- position of manager from 1953 to 1995. As a BANES, would provide NOAA with additional re- profit organizations to implement hands-on tribute to his phenomenal forty-four years of sources and authority necessary to ensure its projects such as improvement of fish passage- leadership with the Fair, the office building at

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 13434 EXTENSIONS OF REMARKS June 30, 2000 the fairgrounds was named the Murdoch again in the future. The burden is just too in 1996, more than half did not have drug cov- Building upon his retirement. At his retirement great on individuals and small businesses in erage for the entire year. In the district that I luncheon, it was said of him that he was a the region. represent, there are 64,822 seniors aged 65 ‘‘natural-born leader, dreamer and legend of That’s why I rise today to announce the in- or older who face the challenge of paying ex- our time’’—a testament to his vision, dedica- troduction of a bill to help prevent future crises orbitant prices for prescription drugs. tion and commitment to community service. involving the price and supply of gasoline in For the 10 million Medicare beneficiaries liv- Bob was a long-time member of the Texas the Midwest. ing in rural areas, nearly half have no drug Association of Fairs and Exposition. He served The Midwest Clean Air Gasoline Reserve coverage. They have less access to employer as secretary/treasurer of the Texas Associa- Act would give the Secretary of Energy the based retiree health insurance because of the tion from 1954 to 1983 and received the Sec- authority to establish a Midwest reserve of re- job structure in rural areas. retary of the Year Award from the national formulated gasoline or the petroleum products There is no reason that we in Congress Federation of State and Provincial Association used to make reformulated gasoline. The cannot take the necessary steps to ensure of Fairs. President would release this stock of reformu- that every older American has access to the Bob also was a leader in other community lated gasoline in the event of a severe energy lifesaving, life enhancing prescription drugs organizations. He served as chief executive di- supply disruption, a severe price increase, or they need. rector of the East Texas Agriculture Council another emergency affecting the Midwest. My Democratic colleagues and I are united and as executive secretary/treasurer of the We know now that two factors adversely af- in a single strategy to provide these prescrip- East Texas Farm and Ranch Club, which he fected the supply of gasoline in the Midwest, tion drugs. I don’t know how we can deny the organized in 1952. He was the farm editor and causing prices to rise. In addition to pipeline fact that with the funds we have, with the obli- broadcaster for radio station KTBB in Tyler disruptions, Phase 2 of the Reformulated Gas- gations we have, with the fact that anybody from 1951 to 1960 and was a columnist and oline—or RFG—program required the inven- who lives to be 65 in America today has a life feature writer for the Tyler Morning Telegraph. tory of Phase 1 RFG gasoline to be purged expectancy of 82 or 83 years that their need A Dallas native, he was born on December from the supply chain. In this case, supply for life enhancing and life preserving prescrip- 18, 1918. He received a journalism degree was interrupted at the same time that inven- tion drugs will only increase. Now is the best from Hardin Simmons University in 1941 and tories were depleted. And in the Midwest in time to address this issue. We must do it now. fulfilled his military duties by serving four years particular, sources of reformulated gasoline The timing is right. in the Signal Corps and Army Air Corps during are few and far between, and difficult to re- The Republican leaders put forth a plan with World War II. After being discharged, he man- place when supply is interrupted. As a result, a stated goal of providing affordable prescrip- aged Chambers of Commerce in Bowie and the price of reformulated gasoline spiked. tion drugs for seniors, but the policy falls far Gainsville. With a Midwest, Clean Air Gasoline Reserve short of the promise. Their plan fails to guar- He is survived by his wife, Jo Ann Murdoch in his arsenal, the President may have been antee that all seniors who want it will have ac- of Tyler; two daughters, Janet Tomlin of Tyler able to combat this crisis when it presented cess to meaningful, affordable, and reliable and Dianne Cavazos and her husband, Hec- itself, at least reducing the initial impact on prescription drug coverage. Their plan also tor, of Humble; one brother, Russell Murdoch consumers. suggests a private insurance benefit that in- of Dallas; one granddaughter, Melissa, and This bill will give any President an important surers, themselves, say they will not offer and her husband, Scott Eeds, of Whitehouse; two tool with which to respond to energy supply no one will buy if they did offer it because it grandsons, Lance and Evan Cavazos of Hum- disruptions. I would urge my colleagues to would be too expensive. Limiting direct finan- ble; and one greatgranddaughter, Emily Eeds, support it. cial assistance for prescription drugs to sen- of Whitehouse. f iors below the $12,500 income will leave out Mr. Speaker, Bob Murdoch’s contributions to over half the seniors. his community will long be remembered—and H.R. 4680—MEDICARE COVERAGE In contrast to the Republican proposal, we he will be missed by his family and many AND PRESCRIPTION DRUGS as Democrats have a sound plan for all of friends in Tyler and Smith County. As we ad- America’s seniors. It ensures that all seniors SPEECH OF journ today, may we do so in celebration of get voluntary, affordable and reliable prescrip- this outstanding citizen from the Fourth District HON. TOM UDALL tion coverage through Medicare. of Texas. OF NEW MEXICO Specifically under our plan, Medicare would f IN THE HOUSE OF REPRESENTATIVES cover half of a beneficiary’s drug costs up to Wednesday, June 28, 20000 $2,000 a year, beginning in 2002. That would MIDWEST CLEAN AIR GASOLINE increase to half of $5,000 by 2009. Over that RESERVE ACT JUNE 29, 2000 Mr. UDALL of New Mexico. Mr. Speaker, I time, monthly premiums would rise from an speak today about the Democratic alternative estimated $24 to about $50. There would be HON. JUDY BIGGERT for providing prescription coverage to all no deductible, and no senior would pay out-of- OF ILLINOIS Americans on Medicare. Before I discuss the pocket expenses of more than $4,000 a year. IN THE HOUSE OF REPRESENTATIVES proposal I would like to tell you that we have The issue of providing affordable prescrip- seen great success with the Administration’s Thursday, June 29, 2000 tion drugs for every older American is essen- long-term strategy of fiscal discipline. It is tial. Adding prescription drug coverage to Mrs. BIGGERT. Mr. Speaker, I represent a working well. Our economy is strong and we Medicare is not only the right thing to do, it is suburban Chicago district and, as we all know, should use this moment of prosperity to the smart thing to do. It’s about giving people the Chicago area now faces the highest gas lengthen the life and modernize Medicare with a chance to fight for a happy and productive prices in the nation. This is not a distinction of a prescription drug benefit plan. long life. which we are proud or happy. Lack of prescription drug coverage among f Today, Governor Ryan of Illinois and the Illi- senior citizens and people with disabilities nois General Assembly took an important step today is similar to the lack of hospital cov- HONORING THE LATE PAUL to provide the residents of Illinois with some erage among senior citizens when Medicare KEAHEY, JR. relief, and they should be commended for their was created. Three out of five lack depend- swift action. In one day, the General Assembly able coverage. Only half of beneficiaries have HON. RALPH M. HALL passed and the Governor signed a law that year-round coverage, and one third have no OF TEXAS suspends the Illinois gas tax for six months. drug coverage at-all. IN THE HOUSE OF REPRESENTATIVES They were forced to take the extraordinary ac- It’s projected that this year more than half of tion of sacrificing badly needed road improve- Medicare beneficiaries will use prescription Thursday, June 29, 2000 ment funds in order to give consumers at the drugs costing $500 or more, and 38 percent Mr. HALL of Texas. Mr. Speaker, it is an pumps an extra ten or twenty cents per gallon will spend more than $1000. Each year, about honor for me today to pay tribute to the late relief. 85 percent of Medicare beneficiaries fill at Paul Keahey, Jr., a native of Bonham, TX, and We cannot allow residents of states like Illi- least one prescription. Yet one third of bene- a long-time resident of Marshall, TX. Paul nois and Wisconsin to confront this situation ficiaries have no coverage for drugs at all. And passed away in April of this year, having lived

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 June 30, 2000 EXTENSIONS OF REMARKS 13435 his life in dedication to his family, his career MEDICARE RX 2000 ACT UNITED STATES DISTRICT COURT, DISTRICT OF and to his community. MINNESOTA I feel a kinship to Paul—and all in the COURT FILE NO. 99–CV–1831 DDA/FLN SPEECH OF Keahey family. I was born in a home built by State of Minnesota, by its Attorney General, a Keahey, and I have served as a State Sen- Mike Hatch; Minnesota Senior Federa- ator and as a U.S. Congressman and have HON. BILL LUTHER tion—Metropolitan Region and Mary Sarno, Plaintiffs been privileged to get to work with Paul’s OF MINNESOTA vs. mom, Florence Keahey, longtime resident of IN THE HOUSE OF REPRESENTATIVES Fannin County. Paul has been an advisor and The United States of America and Donna E. Shalala, Secretary of Health and Human supporter—and close friend during my years Wednesday, June 28, 2000 Services, Defendants of public service. I will miss him greatly. Mr. LUTHER. Mr. Speaker, the time is long STATEMENT OF INTEREST Paul was a self-employed geologist who This memorandum is respectfully sub- spent 30 years working in the oil and gas overdue to develop a truly meaningful vol- mitted by the Members of the Congressional fields of East Texas. He was a member of the untary prescription drug benefit for our nation’s delegation of the State of Minnesota as American Association of Petroleum Geolo- seniors. But as we ensure affordable prescrip- amici curiae to support each of plaintiffs’ gists, a former chairman of the Business and tion drug coverage that is accessible to each constitutional claims. This case involves Economics Department at Jarvis Christian Col- and every senior in America, let us also use basic public health issues for senior citizens in Minnesota regarding the cost of and bene- lege, a member of the Marshall Historical So- this opportunity to remedy the serious dispari- ciety, and a member of the Lighthouse United ficiary access to health benefits. ties in the current Medicare+Choice program. The amici curiae have an interest in pro- Pentecostal Church in Marshall. He was a vet- Just this week, one of the remaining HMOs tecting and promoting the health, safety and eran of the United States Army and a lifetime welfare of their constituents, in ensuring member of the National Rifle Association. offering a Medicare+Choice plan in my district that their constituents are not He was born April 8, 1937, in Bonham, TX, announced that it would no longer offer its discriminatorily denied their rightful status the son of Paul R. Keahey, Sr., and Florence plan. The reason it gave for its withdrawal: within the federal system, and in securing Fogle Keahey. He is survived by his wife, Minnesota’s appallingly low payment rates to the underlying incentives of the federal Tanya of Marshall; son, Paul ‘‘Pauray’’ Keahey Medicare program for their constituents. Medicare HMOs. Citizens in Minnesota as well With this brief, the amici curiae wish to III, of Marshall; sister, Dottie Davis of Garland; as other parts of the country are today sub- bring to the Court’s attention the policy di- uncle, Tim Bruce of Bonham; his mother; and sidizing a system that unfairly penalizes them mensions of this lawsuit. As legislators in a number of nieces and nephews. for living in areas of the country that have his- the United States House of Representatives Mr. Speaker, let us take a moment to re- and Senate, the amici curiae have a unique member and celebrate the life of Paul Keahey, torically provided low-cost and efficient perspective on the substance and political a good man and good citizen who devoted his healthcare services. dynamics of the federal Medicare program. It life to the area where he was born and raised Many counties in our country receive such is the hope of the amici curiae that this and chose to live. His memory will live on in memorandum assists the Court in adjudi- low Medicare HMO payments that seniors ei- cating this matter in favor of their constitu- the hearts of his family and friends in East ther have no HMO option, or receive an unac- ents, the citizens of Minnesota. Amici urge Texas. ceptably inadequate benefits package. Even the Court to rule in favor of Minnesota sen- f the seniors who have the option to enroll in a ior citizens who, by virtue of nothing else Medicare+Choice plan pay high premiums for but their geographic residence, continue to CALLING FOR THE RELEASE OF suffer from the unequal and disparate treat- AMERICAN CITIZEN EDMOND a relatively meager benefit. At the same time ment of the federal Medicare managed care POPE OF GRANTS PASS seniors in other parts of the country are re- funding scheme. ceiving generous benefits including prescrip- INTRODUCTION HON. GREG WALDEN tion drugs without having to pay an extra This memorandum asserts that the current OF OREGON penny towards a premium. reimbursement formula for Part C of the fed- eral Medicare Program (‘‘Medicare+Choice’’) IN THE HOUSE OF REPRESENTATIVES This issue is about fairness and the efficient is not rationally related to the program’s ob- Thursday, June 29, 2000 delivery of health care as care costs consume jective of uniformity, arbitrarily limits ben- eficiary options through low reimbursements Mr. WALDEN of Oregon. Mr. Speaker, I rise an ever increasing share of our country’s re- sources. The development of a prescription for Medicare+Choice and thus violates equal today to call attention to a shameful violation protection under the law. More specifically, of international government of Russia. For drug benefit offers us the opportunity to ad- this memorandum asserts the following: (1) three months, an American citizen named Ed- dress and correct the current unjust disparity the reimbursement system of mond Pope of Grants Pass, Oregon, has been in the Medicare program. No more federal dol- Medicare+Choice is patently irrational and unjustly incarcerated in Russia for the crime of lars should go to the HMOs that are already does not remotely effectuate a key objective of the program; moreover, it does not pro- espionage. He has been denied communica- offering a plan with a rich benefits package tion with his wife of 30 years and with his par- mote efficiency in the health care system; (2) until we achieve fairness. Instead, let’s de- this irrational reimbursement system has ents, who are in ill health. He has been denied velop a genuine prescription drug benefit that disparate and adverse effects on the citizens legal representation, access to sufficient food ensures that all seniors have fair and equi- of Minnesota and, consequently, has ad- and medical treatment and virtually every table access to healthcare services and pre- versely and disproportionately affected their other right we commonly associate with the access to and enrollment in justice systems of civilized nations. Indeed, scription medication. Let’s develop a Medicare Medicare+Choice; and (3) legislative and po- Ed’s imprisonment is reminiscent of what used system that rewards efficiency, not waste. We litical solutions to this irrational and unfair to pass for justice under Soviet communism, owe this to the citizens of our country, as well reimbursement system have been unsuccess- when men and women were dragged from as future generations of Americans. ful and leave no recourse but legal action be- fore this Court their beds in the dark of night, never to be My office and the rest of the Minnesota (1) Irrationality. One of the key goals of seen again. Congressional Delegation have filed a Con- Medicare+Choice, the roots of which stem Mr. Speaker, Ed Pope is no spy, and he gressional amicus brief on behalf of Minnesota from Congressional action in 1972 and 1982, is should be returned to his family immediately. to furnish participating risk plans with uni- We must send a strong message to the gov- Attorney General Mike Hatch and the Min- form incentives to provide non-covered bene- ernment of Russia that now is not the time to nesota Senior Federation’s lawsuit seeking to fits to their beneficiaries. This goal is evi- return to a system of justice in which human change the current unfairness in our Medicare dent from (a) examining the initial, uniform system. I insert the brief for the record, and I structure and spirit of Medicare’s Parts A rights are disregarded so indiscriminately. and B, established in 1965, that are still in I urge my colleagues on both sides of the ask for my colleagues’ support on this impor- place today; Congress has done nothing since aisle to join our colleague JOHN PETERSON and tant issue. then to indicate a change in that spirit of me in urging the Russian government to send uniformity; and (b) the utilization of the ad- Mr. Pope home. justed community rate (‘‘ACR’’) mechanism

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00015 Fmt 0689 Sfmt 0634 E:\BR00\E30JN0.000 E30JN0 13436 EXTENSIONS OF REMARKS June 30, 2000 and the ‘‘required benefit value’’ that gives reason to suspect that the intent behind arbitrary tabulations. This arbitrary quality incentives to provide non-covered benefits. Medicare’s uniformity of benefits and inher- further underpins the irrationality of the re- In other words, uniformity plus incentives ent equality has changed. imbursement system. (See Section III, infra.) equals uniform incentives. Under In 1972, Congress amended the Social Secu- The reimbursement system under Part C of Medicare+Choice, the reimbursement system rity Act to incorporate managed care prin- Medicare has two components. The first provides Minnesota with low capitation pay- ciples into the Medicare system. In so doing, component is an actuarial methodology used ments. As a result of static ACRs, the re- the national legislature allowed health to calculate risk plan payment rates each quired benefit values for plans in Minnesota maintenance organizations (‘‘HMOs’’) to be year. This component actually determines are extremely small or nil. Thus, partici- paid a flat, monthly capitation payment for the monthly capitation payment to each pating plans in Minnesota have no incentive Parts A and B services on either a cost or plan on a county-by-county basis. The sec- to offer non-covered benefits to their enroll- risk basis. Such capitation payments were ond component is the ACR mechanism. This ees. As such, Medicare+Choice’s reimburse- based on an actuarial calculation of the av- component determines the scope and/or ment system is irrational, does not remotely erage adjusted per capita cost (‘‘AAPCC’’) amount of non-covered Medicare benefits effectuate one of the program’s key goals, per Medicare beneficiary. Congress set capi- and services a beneficiary receives. and cannot justify the unequal, disparate tation payment rates at 95% of the esti- Before the Balanced Budget Act of 1997, the treatment of Minnesota citizens. mated per capita costs of fee-for-service capitation payment rate was known as the (2) Adverse Impact. This irrational system Medicare beneficiaries. This choice of 95% adjusted average per capita cost (‘‘AAPCC’’). adversely impacts Minnesota citizens by sad- was purely arbitrary. (See Section 111, infra.) The AAPCC was a relatively simple and dling them with high co-payments and extra In 1982, Congress again amended the Social crude formula whereby Medicare would pay a premiums that carry no extra benefits. Min- Security Act to broaden the scope of partici- risk plan 95% of what a beneficiary would nesota’s burden is not one shared by states pating organizations in Medicare. Specifi- have received under a traditional fee-for- like Florida or New York, whose citizens cally, while the Tax Equity and Fiscal Re- service arrangement. This actuarial project enjoy a panoply of extra benefits at no extra sponsibility Act of 1982 (‘‘TEFRA’’) retained was calculated on a county-by-county basis. cost. This inequitable treatment adversely the AAPCC formula and continued to provide Thus, the underlying methodological para- affects access to and enrollment in participating plans with a monthly capita- digm of the AAPCC was actuarially based on Medicare+Choice plans in Minnesota. tion payment on a county-by-county basis, historical fee-for-service expenditures. This (3) Failed Legislative Efforts. Political re- TEFRA also incorporated the adjusted com- methodology accounted for (and continues to form and legislative remedies have been un- munity rate mechanism into its reimburse- account for) the wild variations in payment successful. Until 1997 and the Balanced Budg- ment system. By so doing, Congress in- rates for participating risk plans (See Sec- et Act (‘‘BBA’’), Congress was unable even to tended, inter alia, to provide participating tion II, infra.) Minnesota counties, in par- address the issue in a meaningful fashion. At risk plans with incentives to provide non- ticular, were and continue to be adversely af- its inception, the average adjusted per capita covered beneficiaries. fected by this wide disparity in payment cost (‘‘AAPCC’’) schedule was based on arbi- In 1997, Congress enacted the Balanced rates from county to county. Minnesota’s trary tabulations. The BBA’s modest reforms Budget Act of 1997, which modified the pay- historically efficient system, including its were wholly inadequate. Budget neutrality ment methodology for the first time and cre- early development of HMOs, was beneficial rules kept (and continue to keep) capitation ated Medicare Part C or Medicare+Choice. to the Medicare program because Min- payments low, and the BBA failed to sub- The BBA altered the reimbursement system nesota’s lower charges relative to the na- stantively reform the ACR mechanism. Con- for participating risk plans in a failed at- tional average saved the program money. sequently, legal action is Minnesota’s only tempt to equalize vastly diverging capita- However, because Medicare managed care recourse. tion payments. However, the BBA did little based its capitation amounts on historical if anything to substantively change or affect I. IRRATIONALITY OF THE charges, Minnesota counties were in effect the ACR mechanism that determines the MEDICARE+CHOICE REIMBURSEMENT punished for their efficiency with low capita- scope of non-covered benefits. SYSTEM tion amounts. Other states and counties that In sum, Medicare was established in 1965 to had high service use patterns and inputs One of the key purposes of provide uniform medical benefits to all costs were paid generously for their ineffi- Medicare+Choice is to provide incentives for qualified senior citizens regardless of geo- ciency. Under current federal law and regula- participating risk plans to offer non-covered graphic residence. This is evident from the tions, these rates are locked in perpetuity. benefits (e.g., prescription drug benefits) to original structure of Parts A and B of the Given the purpose of Medicare+Choice—to beneficiaries at the lowest possible cost to program that is still in place today. Further- provide uniform incentives—this capitation beneficiaries. However, the reimbursement more, the subsequent incorporation of man- payment methodology, based on data that system under Medicare+Choice does not offer aged care principles into the federal program punished historical efficiency, is irrational. such incentives to participating plans in and the creation of Medicare+Choice did The BBA replaced the AAPCC methodology Minnesota. The result is that most partici- nothing to alter Medicare’s spirit of uni- and created the current capitation payment pating plans in Minnesota either do not offer formity. Thus, by examining methodology, but it retained the old AAPCC any non-covered benefits to beneficiaries, or Medicare+Choice within the context of uni- rates for its baseline, which are the sub- they offer such non-covered and covered ben- formity for covered benefits under Parts A stantive statistics on which the BBA’s new efits with high premiums and co-payments. and B, one of the key purposes behind tabulations rely. Specifically, the BBA cre- Such is not the case in other states. This dis- Medicare+Choice and its ACR mechanism be- ated a Medicare Part C (‘‘Medicare+Choice’’), parate, unequal, and unfair result is the con- comes clear: Medicare+Choice, through the under which Medicare’s monthly capitation sequence of an irrational reimbursement sys- ACR mechanism, endeavors to give all par- payment is the greater of: (a) a blended capi- tem that does not provide the purported in- ticipating plans relatively uniform incen- tation rate, which is the sum of a percentage centives of Medicare+Choice in Minnesota, tives to provide their beneficiaries with of a county-specific rate and a percentage of which are provided in other states. More- extra, non-covered benefits at the lowest a price-adjusted national rate, multiplied by over, it is this disconnect that gives the fed- possible cost. a budget neutrality factor designed to ensure eral government no rational basis for its dis- B. IRRATIONALITY OF THE SYSTEM that the aggregate payments under this parate and unequal treatment of Minnesota Given the above purpose of blended rate do not exceed the amount that senior citizens under Medicare+Choice. Medicare+Choice, the reimbursement system would have been paid under an AAPCC rate A. PURPOSE for participating plans provides no rational alone; by the year 2003, a maximum blend Medicare was established in 1965 as a na- basis for the federal government’s unequal will consist of a 50% county-based rate and a tional insurance program for elderly and dis- and disparate treatment of Minnesota citi- 50% national capitation rate; (b) a minimum abled people. It is, in fact, the nation’s larg- zens. That is, the reimbursement system monthly payment level, which in 1998 est health insurance program. Medicare fails to effectuate the purpose behind equaled $367; or (c) a minimum 102% of the Parts A and B provided covered benefits Medicare+Choice—to furnish participating previous year’s capitation rate. (e.g., general hospital services) to bene- plans with uniform incentives to provide That is, the BBA failed to jettison AAPCCs ficiaries on a fee-for-service basis. Under non-covered benefits. More specifically, Min- altogether and to recalculate plan payments Part B, participating beneficiaries partly nesota’s chronically low, county-based capi- derived from a new statistical baseline. The fund the program with uniform, monthly tation payments, when compared to Min- inherent inequities that result from county- premiums assessed against participating nesota’s various county-based ACRs, give ab- based fee-for-service projections remain in beneficiaries. This original structure of solutely no incentive to participating plans the capitation payment structure. Minnesota Medicare under Parts A and B is instructive. to provide non-covered benefits to qualified continues to suffer from disparate treat- At its inception in 1965, Medicare was cre- Minnesota senior citizens. ment, although Medicare’s mission is to pro- ated to provide uniform health care services Moreover, the underlying and flawed vide an equitable entitlement for all Amer- at uniform and equal costs to all qualified AAPCC formula, upon which current pay- ican citizens regardless of residency. Even beneficiaries over the age of 65. There is no ment rates currently rely, originates from the adoption of the blended-rate rule under

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00016 Fmt 0689 Sfmt 0634 E:\BR00\E30JN0.000 E30JN0 June 30, 2000 EXTENSIONS OF REMARKS 13437 the BBA has had no relative, immediate ef- state’s pioneering efforts in managed care). place in history. Minnesota bucked the trend fect, because the combination of the low na- As a result, Minnesota ACRs have been low of rising health care costs and actually deliv- tional growth percentage and the budget- for decades, and the difference between Min- ered high quality, affordable care to its citi- neutrality rule has delayed its application. nesota’s historically low capitation pay- zens. Minnesota’s success should be held as a (See Section III, infra. ments and its ACRs were, and continue to be, model for the nation and an example of what The second component of Medicare’s risk extremely small or nil. Consequently, the our country can do to reign in health care program payment methodology is the ad- system is inherently unfair—Minnesota costs. However, Medicare+Choice does just justed community rate mechanism. The ACR beneficiaries are not entitled to the same the opposite by undermining the drive for mechanism is the process through which non-covered benefits that other citizens in greater efficiency. health plans determine the minimum other states’ counties enjoy, because partici- In sum, by ruling in favor of Minnesota in amount of Medicare non-covered benefits pating risk plans in Minnesota have no in- this lawsuit, the Court has the unique oppor- they provide to enrollees (the ‘‘required ben- centive to provide such services. That is, tunity to accomplish what the United States efit value’’) and the premiums they are per- plans in different states have vastly different Congress has to date been unable to do: pro- mitted to charge for those extra benefits. required benefit values. (See Section II, mote quality health care that is equitably When compared to its low ACRs, Minnesota’s infra.) delivered in an era of rising health care low payment rates crystallize the unfair na- Under a rational and equitable system, the costs. ACR and the capitation payment rates ture of basing capitation payment rates on II. CONSEQUENCES OF THE SYSTEM ON should almost perfectly correlate, taking Medicare fee-for-service data as a means of MINNESOTA creating uniform incentives to participating into account the differences in costs of com- risk plans. mercial and Medicare beneficiaries. That is, The effects of this irrational system have The ACR process requires a plan to use its the dollar difference between a risk plan’s been devastating to the state of Minnesota costs and revenues from its commercial busi- ACR and its capitation payment should have and its citizens. Minnesota counties’ capita- ness to estimate the cost of providing serv- the same purchasing power regardless of the tion payments are alarmingly low when com- ices to Medicare enrollees. This cost report county in which a beneficiary resides. How- pared with the capitation payment rates of is the actual ‘‘adjusted community rate.’’ If ever, this is simply not the case. Instead, the counties in other states, and its ACRs have the monthly capitation payment exceeds the required benefit values vary wildly from remained static. As a consequence, access by ACR, Medicare requires risk plans do one of county to county, and this translate into in- Minnesota seniors and Minnesota’s enroll- three things: (1) receive only the ACR equitable access by senior citizens to non- ment rates in Medicare+Choice are adversely amount from the government; (2) contribute covered benefits and services. (See Section and disproportionately affected. all or a portion of the excess money into a II, infra.) A. DISPARATE CAPITATION PAYMENTS stabilization fund; or (3) provide bene- C. EFFICIENCY The disparity of capitation payment rates ficiaries with additional benefits with a The current reimbursement system for for Minnesota and other states is striking. In value equal to the difference between the Medicare+Choice encourages inefficiency in 1997, the reimbursement rate for Dakota ACR and AAPCC or the ‘‘required benefit an era when the federal government should County, Minnesota was $379.11; in Hennepin value.’’ Thus, one of the key purposes behind be encouraging efficiency. The fact is that County, Minnesota, the rate was $405.63. In the ACR mechanism becomes all too clear. States are in effect rewarded for historically 1997, the reimbursement rate for Richmond Congress created Medicare+Choice and the inefficient health care systems with high County, New York, was $767.35, while in Dade ACR mechanism to furnish participating capitation payments, and Medicare+Choice County, Florida, the AAPCC rate was $748.23. plans with incentives to choose option three. essentially punishes Minnesota for its pio- In 1997, every county in Minnesota had an If plans could reduce their ACRs, their static neering efforts in managed care. While Part AAPCC rate below the national average capitation payments would enable them to C currently awards efficiency with large re- AAPCC rate. In 1999, despite the BBA re- attract Medicare customers with additional quired benefit values (i.e., participating forms, little changed. The capitation pay- non-covered benefits. The magnitude of the plans are encouraged to reduce their ACRs) ment rate in Dakota County was $394.42, capitation payment/ACR difference (or the the fact that capitation payments remain while the payment rate in Broward County, required benefit value per enrollee) is the static perpetuates historical inefficiency Florida, was $676.64. (See Appendix A; see crucial determination of the scope and built into the system. also Section III, infra.) amount of additional benefits one receives Minnesota’s unique history precludes the B. DISPARATE EFFECTS OF THE ACR MECHANISM under Medicare. state from reaping the benefits of large re- As such, the disparate payment rates when quired benefit values. Because the BBA In addition, because of its historic effi- compared with ACRs are evidence of an irra- shackled capitation payment increases with ciency, Minnesota’s ACRs have remained tional and unfair reimbursement system a budget neutrality rule (see Section III, static. Consequently, the difference between that does not give Minnesota participating infra), Minnesota counties continue to re- Minnesota’s low capitation payments and its plans any incentive to provide non-covered ceive chronically low and inadequate reim- static ACRs is minimal or non-existent. Con- benefits. (See Section II, infra.) The capita- bursement rates. A system that truly en- versely, other states with recently improved tion payment rate punished Minnesota for couraged efficiency would take into account efficiency have experienced falling ACRs, en- efficiencies the state health care system had Minnesota’s pioneering efforts in health care abling them to enjoy large required benefit achieved in the 1970s and 1980s. Because and reward the state with higher capitation values as a result of their high capitation counties outside Minnesota with historically payments. This would translate into larger payments and low ACRs. The result is that high fee-for-service rates eventually enacted required benefit values for participating different managed care plans in different managed-care reforms and instituted cost-ef- plans. states have different incentives with regard fective, efficient measures (as reflected in One of the most pressing issues facing the to non-covered benefits. In Minnesota, sen- their continuously decreasing ACRs), the United States today is the enduring trend of iors face high Medicare premiums and co- magnitude of their required benefit values rising health care costs. These rising costs pays and receive few or no non-covered bene- are high. This allows risk plans in those prevent the health care system from pro- fits, while other states’ citizens enjoy a mul- counties to offer additional non-covered ben- viding universal coverage; they stifle the ex- titude of life-saving and life-improving non- efits to their beneficiaries for little or no ad- pansion of life-saving and life-enhancing ben- covered benefits with few or no extra pay- ditional cost. However, Minnesota counties efits, such as prescription drug coverage; and ments. Nowhere is this more obvious than in could not undergo a similar evolution to- they burden covered beneficiaries with high- coverage for prescription drugs. wards increased efficiency or cost-effective- er premiums and co-payments. Thus, Min- The following chart illustrates the dif- ness. Counties in Minnesota had a long his- nesota’s chronically low payments prevent ferences between required benefit values in tory of efficient health care (a legacy of the the state from capitalizing on its unique different metropolitan areas: TABLE 1.—RISK-PLAN BENEFITS AND MONTHLY PREMIUMS BASED ON ADJUSTED COMMUNITY RATE PROPOSALS BY MARKET, 1995 [Dollars per month]

Required Optional Primary metroplitan statistical area Number of benefit benefit Premium plans value value charged

United States ...... 174 $25.17 $56.67 $22.04 Boston ...... 8 4.09 71.56 47.84 Chicago ...... 3 24.45 38.31 0.00 Los Angeles ...... 13 68.83 37.18 6.08 Miami ...... 8 106.27 20.75 0.00 Minneapolis ...... 3 0.00 75.89 60.97 New York ...... 5 53.37 46.77 8.80 Philadelphia ...... 6 19.30 66.85 10.00

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Required Optional Primary Meroplitan Statistical Area Number of Benefit Benefit Premium Plans Value Value Charged

Portland, OR ...... 7 9.38 64.52 46.00 San Francisco ...... 8 21.50 56.96 20.25 Nonmetroplitan California ...... 6 14.43 60.19 31.08 Nonmetroplitan Florida ...... 5 12.46 73.61 9.80 Nonmetroplitan Pennsylvania ...... 3 6.70 62.18 18.14 Note.—Required benefit values is equal to Medicare savings in the adjusted community rate proposal; opttional benefit value is equal to the maximum monthly premium. Values are unweighted averages of all Medicare risk plans. Data Source: Physician Payment Review Commission (now Medicare Payment Advisory Commission) analysis of 1995 adjusted community rate proposal data from the Health Care Financing Administration. Table Source: United States House of Representatives Committee on Ways and Means, 1998 Green Book: Background Material and Data on Programs Within the Jurisdiction of the Committee on Ways and Means Washington, D.C.: U.S. Government Printing Office, May 19,1998. P. 200, Table 2–36.

For example, a Medicare+Choice enrollee that the method of reimbursement was products became unaffordable for many. in Dakota County, Minnesota may choose flawed for use in rural- and conservative- Even with significant member cost-sharing, the HealthPartners—Standard Option (‘‘Min- practice areas. Risk contracting was first au- many of the HMOs experienced marked nesota Plan’’) by paying—in addition to thorized in 1972, but due to poor provider par- losses and began exiting the risk contract Medicare Part B’s premium—an annual pre- ticipation, the Health Care Financing Ad- business. mium of $1,137. By contrast, a similar en- ministration (HCFA) solicited applications Analysis by the Physician Payment Re- rollee in Broward County, Florida pays no for new models for capitated payments in view Commission in 1997 shows that in June additional costs. The Minnesota beneficiary 1978. Five demonstration projects resulted, 1997, 33% of all Medicare beneficiaries lacked pays a $10 co-pay per visit with his or her one of which, the Greater Marshfield (Wis- access to risk plans. At the same time, some personal physician or specialist doctor, while consin) Community Health Plan, was located 60% of beneficiaries had a choice of plans, the Florida beneficiary pays no additional in a rural area. and one-third had five or more available to co-pay. Except for injectable insulin, the Reimbursement rates for all five projects them. Minnesota beneficiary pays all costs for all were established at 95% of the average FFS Patterns of enrollment differ across urban outpatient prescription drugs, while the costs for the counties involved in the dem- and rural locales, as well as across different Florida beneficiary pays nothing for a full onstration, a schedule that became known as regions in the nation. Enrollment in central outpatient prescription drug benefit. The the AAPCC. This value of 95% of the average urban areas was about 24% in June 1997, Minnesota beneficiary pays 20% for out-of- FFS was arbitrarily chosen and is not sub- about twice the level in outlying urban area ambulance transportation, while the stantiated by research that would show this areas. Urban areas with the greatest share of Florida beneficiary pays nothing for such value represents an expected savings from national enrollment growth tend to be those transportation. The Minnesota beneficiary coordination of care. The formula has failed where Medicare payments are high. Enroll- pays a $10 co-pay for each individual out- to provide all Medicare beneficiaries equal ment is generally higher in western states patient mental health session, while the access to the Medicare+Choice option. and a few specific southern and eastern Florida beneficiary pays nothing for each Though Marshfield succeeded in reducing states. In fact, five states account for over session. The Minnesota beneficiary pays a utilization of services by nearly 10 percent two-thirds of all enrollees. (For statistics re- $30 co-pay for emergency services, while the over the course of the demonstration the garding access and enrollment rates, see Florida beneficiary pays nothing for such total loss for the plan and its sponsors was United States House of Representatives services. The Minnesota beneficiary pays a over $3 million. With these losses in mind, Committee on Ways and Means, 1998 Green $30 co-pay for ‘‘Urgently Needed Services’’ in the HCFA terminated the Marshfield dem- Book: Background Material and Data on the plan’s service area, while the Florida onstration. Marshfield responded by request- Programs Within the Jurisdiction of the beneficiary pays nothing. (see Plaintiffs’ ing experimentation with the AAPCC to see Committee on Ways and Means. Washington, Complaint, paragraphs 32–40.) if some alternative or variation could more D.C.: U.S. Government Printing Office, May C. EFFECTS ON ACCESS AND ENROLLMENT accurately predict cost. The HCFA rejected 19, 1998. Section 2: Medicare.) this suggestion without explanation. No actions taken to date have resolved the The disparate effects of Medicare+Choice’s underlying arbitrary and flawed AAPCC for- reimbursement system have adversely af- In the early and mid-1980s, more dem- onstrations were established. Plans in the mula, which is responsible for creating all fected Minnesotans’ access to and enroll- the disparities in reimbursements to plans ment in participating risk payment plans. Twin Cities of Minnesota provided addi- tional, non-covered benefits, such as out- and benefits to beneficiaries. The old AAPCC Minnesota health plans have entirely with- formula, and the new configurations which drawn from or declined to participate in the patient prescription drugs, and competed ag- gressively for enrollment. Enrollment in risk rely upon the AAPCC, were not based on ac- Medicare+Choice program, have withdrawn tuarially sound data. Given the discrimina- from offering such plans in various counties products grew dramatically, to a peak of 60% of the Twin Cities metro area’s senior popu- tion the current system creates across the in Minnesota, or have suffered a reduction in country and between beneficiaries enrolled the available networks of health care pro- lation by 1986–87. Nationally, in fiscal year 1986, $1.3 billion was reimbursed to 142 risk in a national, uniform program, there is no viders that provide medical services to en- reasonable basis for this formula. rollees. Currently, only three health plans contractors who provided care to nearly B. THE BALANCED BUDGET ACT offer Medicare+Choice plans to seniors in 75,000 beneficiaries. Minnesota—and this figure represents a re- In response to market interest, several The BBA was Congress’ first legislative at- duction from the previous figure of four. plans expanded their Medicare risk service tempt to comprehensively address the issue; Such limited Medicare+Choice plans are areas to rural counties, assuming that lower however, the BBA failed to ameliorate the available almost exclusively in the counties AAPCCs in those counties would correlate inherent deficiencies and irrationality of the of the Minneapolis-St. Paul metropolitan with lower cost to serve a rural population. reimbursement system. At present, partici- area and are not generally available to bene- However, the reverse proved to be true and pating risk plans in Minnesota do not have ficiaries in rural Minnesota counties. (Refer seniors flocked to the plans’ comprehensive any incentives to offer non-covered benefits to Table I for a list of the number of partici- coverage with significant pent up demand. to their beneficiaries. This is because the pating plans by state or metropolitan area.) After a couple years of significant losses, BBA did nothing to substantially reform the most of the plans withdrew from rural coun- ACR mechanism, nor did it adequately ad- III. POLITICAL AND LEGISLATIVE ties, and again, the payment structure failed dress the disparities in capitation payment SOLUTIONS HAVE BEEN INADEQUATE beneficiaries in rural areas. rates. Legislative and political solutions to Min- The mid- and late-1980s saw several years The BBA sought to lessen payment nesota’s low capitation payments have been of no increase in the AAPCCs, with pay- disaparity by de-linking AAPCC updates largely unsuccessful. From its inception, ments actually falling in at least one year. from local FFS spending. The BBA estab- AAPCCs were based on arbitrary tabula- As a result, health maintenance organiza- lished a new mechanism for calculating tions, and early demonstration projects indi- tions (HMOs) which had long-since pulled out Medicare’s monthly payments to HMOs and cated that the payment methodology was of rural areas began to reduce benefits and other managed care and capitated plan pro- problematic. Furthermore, when legislative significantly raise member premiums. En- viders. A county’s Medicare+Choice payment relief came in 1997, the BBA failed to ade- rollees began to pay more and more of the was the higher of three different rates—a quately ameliorate payment disparities. cost of the added benefits through their pre- floor payment of $367, a minimum annual in- A. EARLY HISTORY miums. Increasing numbers of seniors moved crease of 2 percent, or a 50/50 blend of local From the first risk-contracting demonstra- to lower option risk products without pre- and national rates that was to be fully tion projects in the late 1970s, it was clear scription drug coverage as the higher option phased-in by FY 2003.

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00018 Fmt 0689 Sfmt 0634 E:\BR00\E30JN0.000 E30JN0 June 30, 2000 EXTENSIONS OF REMARKS 13439 Initially, many rural counties in Min- HONORING FATHER CARL VOGEL NARCOTIC DRUGS nesota received significant reimbursement OF TEXAS increases under the new floor payments. For HON. MARK E. SOUDER example, Watonwan County saw AAPCC re- OF INDIANA imbursements increase from $251.05 to $367.00 (a 32 percent increase) in 1998, but this is HON. RALPH M. HALL IN THE HOUSE OF REPRESENTATIVES still a far cry from the nearly $800 rate paid OF TEXAS Thursday, June 29, 2000 to other counties in other states. Unfortu- IN THE HOUSE OF REPRESENTATIVES Mr. SOUDER. Mr. Speaker, I rise on behalf nately, these payments were essentially fro- of the countless mothers, fathers, families, and zen at these new floor levels, as the local/na- Thursday, June 29, 2000 individuals whose lives have been devastated tional blend was difficult to implement be- by illegal drugs to introduce legislation to fed- cause of a budget-neutrality provision. (See Mr. HALL of Texas. Mr. Speaker, today I Appendix B.) erally nullify movements in the states to legal- recognize the 50 years of ministry that Father ize the use of narcotic drugs illegal under fed- In both 1998 and 1999, none of Minnesota’s Carl Vogel has given to the Catholic commu- eral law. counties received a local/national blend rate. nity in Texas. Since 1984, he has been with It is undisputed that narcotic drugs dev- This outcome resulted from the budget neu- the St. Michael Parish in McKinney, which is astate our families and rot our communities lit- trality provision of the BBA, which requires that Medicare+Choice payments not exceed part of the Fourth Congressional District of erally to the core through addiction and crime. payments that would have been made if pay- Texas. Father Vogel celebrated his 50th anni- Earlier this week, we passed the Commerce/ ments were based solely on local rates. Ac- versary of ordination with a Mass on May 28 Justice/State Appropriations bill that provided cording to the House Committee on Ways at St. Michael, followed by a reception at- literally hundreds of millions of our tax dollars and Means, a budget neutrality adjustment tended by his devoted parishioners and many to fight drugs and drug-related crime, and we are finalizing action on $1.3 billion in assist- is ‘‘applied as necessary to the blended rates friends. to ensure that the aggregate of payments for ance to our allies in Colombia, where agents all payment areas equals that which would A list of credentials and milestones of Fa- of the Colombian National Police are dying in have been made if the payment were based ther Vogel’s career would not begin to de- numbers to keep them off of our streets in on 100 percent of the areas-specific capita- scribe the many ways in which this man has America. tion rates for each payment area. In no case served his parish—embracing not only the Directly defying our efforts as a Congress may rates be reduced below the floor or min- trials and troubles of his parishioners, but their and a nation, a small group of well-funded ac- imum increase amounts for the particular tivists have engaged in deceptive, back door, county. In some years, it may not be possible joys as well. He is the ever-constant protector and confidant that people seek out in their efforts that pretend to legalize drugs under to achieve budget neutrality because no state law that are banned under federal law. county rate may be reduced below its floor pastor. He is faithful to the teachings of the These activists hide behind the myth of so- minimum increase. The law makes no provi- church and faithful to his parish, and his serv- called ‘‘medical’’ use of marijuana and other sion for achieving budget neutrality after all ice has been imbued with a characteristic county rates are at the floor or minimum in- drugs, despite the facts that there is no sci- sense of humor that has endeared him to all entific proof that smoked marijuana provides crease.’’ (see 1998 Green Book, supra.) In those who know him. other words, if awarding each county the any real medical relief, and that the active in- maximum rate (among its floor, blend, or In addition to the May 28 celebration at St. gredient in marijuana is available in pill form. minimum update) results in total payments Michael, other celebrations were planned at Increasingly, however, they have abandoned that exceed the budget neutral target, coun- the Holy Family Mission in Van Alstyne, even this pretense, and made clear that their ties which would otherwise receive the blend Texas, where Father Vogel is also pastor, and goal is the legalization or decriminalization of rate have their rates reduced to meet the at Christ the King Church in Dallas, where he narcotic drugs. target. The net result in 1998 was that Min- celebrated his solemn Mass in 1950. One activist called it the ‘‘leaky bucket strat- nesota’s urban counties (e.g. Hennepin and egy . . . legalize it in one area, and sooner or Ramsey Counties) received only a 2% in- Father Vogel grew up in the Oak Cliff sec- later it will trickle down into the others.’’ The crease and fell even further behind the high- tion of Dallas and attended Blessed Sac- bucket is now leaking faster. est reimbursed counties in other states. (see rament Church and Our Lady of Good Coun- The Governor of Hawaii just signed into law Appendix A.) sel School. After his graduation from St. Jo- state legislation that purports to allow the In 1999, the budget neutrality provision re- seph High School, he enrolled in college to ‘‘medical’’ use of marijuana, even though it’s duced Medicare+Choice rates for aged bene- study journalism. The calling to the priesthood still illegal under federal law. Five states have ficiaries in 1,293 counties. These counties enacted laws by ballot initiative that purport to would have received blended-rate amounts if prevailed, however, and he followed that call at St. John’s Seminary in Little Rock, Arkan- allow so-called ‘‘medical’’ use of marijuana sufficient monies were available to fund all under state laws: Alaska, California, Maine, counties at the maximum of the floor, blend, sas. Father Vogel served as a military chap- Oregon and Washington. In furtherance of that or minimum update. Consequently, as a re- lain for nearly three decades and was a chap- sult of the budget neutrality provision, the strategy, pro-drug activists are now attempting lain for the Armed Forces during the Cuban to pass ballot initiatives for the November gap between high and middle level AAPCC Missile Crisis of the early 1960s. Prior to his counties, contrary to Congressional intent, elections in six states to virtually decriminalize actually grew in the first year of BBA. Two assignment at St. Michael, Father Vogel marijuana by removing criminal penalties for years after enactment of the BBA, counties served at Our Lady of Victory in Paris, Good its use in Alaska, Arizona, California, Colo- in Minnesota were still 21 percent below the Shepherd in Garland, St. Patrick in Denison, rado, Massachusetts, and Michigan. national average reimbursement level for St. Cecilia in Dallas and St. Patrick and St. These initiatives have already given us such Medicare+Choice. Rita parishes in Fort Worth. Alice-in-Wonderland moments as the ‘‘nation’s Essentially, these variations in reimburse- Mr. Speaker, it is an honor for me to pay first bed and breakfast inn catering to medical ments have created a two-tiered system of tribute to this beloved priest from the Fourth marijuana users’’ in Santa Cruz, California. health care delivery, which is the foundation This ‘‘establishment’’ was featured in People District of Texas. Father Carl Vogel has de- of the plaintiffs’ lawsuit against the federal magazine with a smiling couple holding mari- voted his life to the ministry. He has helped government. As the lawsuit rightly con- juana plants in front of their home, which is tends, these payment imbalances have cre- countless souls in his care and is loved and said to contain cannabis-themed tiles on the ated a geographical class system of Medicare respected by so many who have known him sidewalk, and hemp curtains and towels. That benefits where beneficiaries in high cost and whose lives he has blessed. I know and really sounds like a ‘‘medical’’ facility to me. areas receive extra benefits at no additional love Father Vogel. I have changed schedules cost, while beneficiaries in low cost areas are We’ve also seen the bizarre decision by the many times just to get to appear with him at denied these benefits. Oakland City Council to declare a ‘‘public public ceremonies. His prayers sustain me health emergency’’ after a court closed the IV. CONCLUSION and all those who hear him. His devotion to city’s medical marijuana club, and the For the forgoing reasons, the undersigned his calling for 50 years warrants our recogni- issuance of photo ID cards supposedly allow- amici curiae respectifully request this Court tion and appreciation today, so as we adjourn, ing marijuana use by the Arcata, California po- to deny Defendants’ Motion to Dismiss. let us do so in honor of Father Carl Vogel. lice chief.

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 13440 EXTENSIONS OF REMARKS June 30, 2000 But this is all an illusion—states can’t permit who smoke marijuana for medical reasons. communications; served on the Board of Visi- marijuana use, because it’s illegal under fed- ‘‘Motel 6 guests probably smoke it quietly in tors of the School of Library and Information eral law. The legalization initiatives mislead their rooms,’’ says Andrea Tischler, 57, who Service Satellite Consortium; and on the Advi- with her partner, Maria Mallek-Tischler, 46, the public into breaking federal law and di- opened the inn in a restored Victorian in sory Council of the Home and School Institute, rectly counter congressional policies against April. ‘‘This is more out of the closet.’’ Inc. drug use and the provisions of the federal Guests who show up hoping to be provided During her tenure in Washington, Eileen Controlled Substances Act. Today, I am intro- with marijuana go away disappointed; the Cooke worked on every major piece of library ducing legislation to stop this charade once Compassion Flower is strictly BYOP. And, as legislation and helped prepare witnesses to and for all, with the support of my colleagues required by California law, a doctor’s note is testify before Congress. This includes, among on the Speaker’s drug task force and others, also necessary. Tischler, who grew up in Chi- other issues, the Library Services and Con- cago, and German-born Mallek-Tischler, a including Task Force Co-Chair MCCOLLUM, struction Act, the Higher Education Act, the El- couple since 1979, have been pot-legalization ICA ementary and Secondary Education Act, the Chairman M of the Drug Policy Sub- activists since the 1980s in San Francisco. committee, Chairman GILMAN, Mr. SESSIONS, ‘‘We had a lot of friends with AIDS,’’ says Medical Library Assistance Act, Copyright Re- Mr. NORWOOD, Mr. MYRICK, Mr. FOLEY and Mr. Tischler. ‘‘They were taking AZT, and mari- vision Act, the National Commission on Librar- BAKER. juana seemed to bolster their appetite.’’ ies and Information Science, both bills calling Federal law is ordinarily assumed to pre- Out in the sunshine-soaked ‘‘toking area,’’ for a White House Conference on Library and empt contrary state laws. However, the Fed- a new arrival, Scott Byer, 53, of Clearlake, Information Services, as well as the various eral Controlled Substances Act does not con- Calif., who smokes to ease spinal pain, has annual appropriations bills to fund these pro- tain an express preemption clause, and cur- taken out a small porcelain pipe and is fill- grams. rently has language stating that the intent of ing it. He doesn’t even have his room key On the occasion of her retirement, former yet. Congress is not to occupy the entire field of ALA President and Director of the District of regulation of narcotic drugs. In light of the f Columbia Public Library, Hardy Franklin, de- state initiatives, federal courts could potentially scribed Eileen Cooke as a ‘‘51st State Senator A GREAT AMERICAN POINT OF interpret the language of state efforts to regu- on Capitol Hill.’’ She was a fighter capable of LIGHT, EILEEN D. COOKE late narcotics as legally harmonious and prop- hard-nose analysis but always focused and er. In fact, one federal district judge has al- deliberative. She was a coalition builder who ready argued in non-binding language that HON. MAJOR R. OWENS won both fear and admiration from her adver- Congress intended federal law to regulate OF NEW YORK saries. Above all she had vision and could see drug trafficking, and not ‘‘medical’’ marijuana IN THE HOUSE OF REPRESENTATIVES far ahead of the government decision-makers. use. Thursday, June 29, 2000 She understood the nature of the coming ‘‘In- My bill will remove any potential loophole or formation Superhighway’’ and could predict ambiguity by clearly declaring that it is the in- Mr. OWENS. Mr. Speaker, Eileen D. Cooke the vital role of libraries and librarians as the tent of Congress for federal law to supersede was first and foremost a librarian, a member traffic signals on this expressway into the any and all laws of states and local govern- of the profession that knows where to find the cyber-civilization of the future. ments purporting to authorize the use, grow- information about any phenomenon known to Mr. Speaker, the work of Eileen D. Cooke ing, manufacture, distribution or importation of human kind. She started her career as a benefits all Americans. She has won the right any controlled substance which differs from bookmobile librarian for the Minneapolis Public to be celebrated and saluted as a Great Amer- the provisions of the Controlled Substances Library. She concluded her career as a well- ican Point-of-Light. Act and the Controlled Substances Import and known Washington lobbyist. Mr. Speaker, I f Export Act. It would also expressly declare rise to mourn the loss of Eileen Cooke and to such state and local enactments as null and salute her as a great American Point of Light. DEPOSIT INSURANCE INCREASE void. If enacted, the bill would decisively pro- As a result of Eileen Cooke’s efforts the li- FEASIBILITY ACT OF 2000 hibit federal and state judges from giving any brary profession moved into the mainstream of effect to drug legalization initiatives and legis- the political process. She demanded that the HON. CHARLES A. GONZALEZ lation, and send an equally clear message that federal government recognize and respect li- OF TEXAS Congress will not tolerate backdoor efforts to braries as universal institutions in our demo- IN THE HOUSE OF REPRESENTATIVES cratic society which deserve greater and more legalize narcotic drugs. Thursday, June 29, 2000 Mr. Speaker, this bill is not my bill—it be- consistent support. Her years as Director of longs to our mothers, fathers, families and our the ALA Washington Office were marked by Mr. GONZALEZ. Mr. Speaker, recently, I in- communities. It has strong support from nu- increases in federal funds for libraries, new ini- troduced H.R. 4603, the ‘‘Deposit Insurance merous community groups and coalitions, nar- tiatives in legislation, and opportunities for li- Increase Feasibility Act of 2000.’’ I decided to cotics activists, and tireless anti-drug advo- brary participation in a wide range of federal introduce this bill after being contacted by var- cates, who have worked closely with my office assistance programs. As a Congressman who ious representatives of the financial services in drafting this bill. I would particularly like to is also a professional librarian I became a community who are interested in researching acknowledge and thank Joyce Nalepka of partner with Ms. Cooke in the drive to achieve the feasibility of increasing the current deposit America Cares, who first raised this important priority status for libraries in the overall effort insurance coverage limit, which has been set issue with me. I look forward to working with to accomplish a better educated America. at $100,000 since the early 1980s. Several dif- the anti-drug community to pass this legisla- With indefatigable optimism Eileen Cooke ferent proposals crossed my desk, but I de- tion, and I urge my colleagues to join me in worked with Members of Congress, staff as- cided to take the more moderate and prudent supporting and passing it. sistants, educational and cultural organiza- approach for the time being. My bill, H.R. [From People Magazine, June 12, 2000] tions, and all others who supported education 4603, the ‘‘Deposit Insurance Increase Feasi- and libraries. She brought to ALA and library bility Act of 2000,’’ would, I believe, take the JOINT VENTURE—WHEN POT’S PRESCRIBED, THE HIGH WAY LEADS TO THE COMPASSION services greater visibility and understanding. proper approach to this question at this time. FLOWER INN Her exceptional leadership skills enabled her As introduced, H.R. 4603 will require two At the Compassion Flower Inn in Santa to develop and maintain a small but dedicated, different studies and reports on the feasibility Cruz, Calif., there are smokers—and there energetic and productive staff. She left a and potential impact of increasing the max- are smokers. Cigarette smokers are banished cadre of experienced and skillful followers as imum amount of deposit insurance under the to the front porch. Smokers, on the other a potent and enduring legacy. Federal Deposit Insurance Act and the Fed- hand, may feel they’ve died and gone to pot. After joining the ALA Washington Office, eral Credit Union Act from $100,000 to Cannabisthemed tiles adorn the sidewalk she lectured at several of the library schools $200,000 per depositor and require the noted outside. Curtains, linens and towels are and spoke at many of the annual conferences U.S. financial services regulatory agencies to made of hemp. And . . . say, what is that funny smell, anyway? of the state library associations. She served recommend an appropriate deposit insurance The five-bedroom bed-and-breakfast, just a on the boards of several Washington-based level for both banks and credit unions but stoner’s throw from the beach, exists as a organizations; was the first woman president through two separate but equal studies. The safe—and perfectly legal—haven for people of the Joint Council on Educational Tele- bill would also require two separate but equal

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 June 30, 2000 EXTENSIONS OF REMARKS 13441 reports to be submitted to Congress six role, CUNA strongly urges Congress to thor- COMMENDING THE FIRST BAPTIST months after the date of enactment of the leg- oughly assess all possible ramifications of CHURCH OF CEDARTOWN YOUTH islation. any change in the level of insurance cov- CHOIR FOR PARTICIPATING IN Congress has often been accused of jump- erage, and we are encouraged by your pro- THE NATIONAL FESTIVAL OF posed studies. ing the gun and failing to thoroughly research YOUTH CHOIR an issue prior to acting. Congress has also CUNA also favors the feature of the legis- been accused in the past of failing to move in lation that calls for a separate study of the National Credit Union Share Insurance Fund HON. BOB BARR a timely manner on numerous issues. Case in (NCUSIF). Operationally and structurally, OF GEORGIA point is the decades Congress spent reviewing the NCUSIF is unique among federal insur- IN THE HOUSE OF REPRESENTATIVES the potential reform of the Glass-Steagall Act ance funds and merits an appraisal that con- before finally enacting financial services re- siders and evaluates its distinctions. Thursday, June 29, 2000 form legislation last year in the form of S. 900, We commend you for the prudent and Mr. BARR of Georgia. Mr. Speaker, yester- which I supported. For these reasons, I de- sound approach you have taken to this im- day I had the opportunity to meet with a very cided to introduce this bill in the form of a portant and complex issue. CUNA looks for- special group of young people from my home study instead of an immediate increase in de- ward to playing a helpful role in the enact- district in Georgia. The First Baptist Church ment of H.R. 4603, and I encourage you to posit insurance coverage. The study will hope- Youth Choir, from Cedartown, Georgia, are in fully acknowledge that deposit insurance has contact me if I can be of further assistance. Sincerely, Washington to participate in the Fourth Annual become an indispensable part of the financial DANIEL A. MICA, Nation’s Capital Festival of Youth Choirs. services landscape while promoting consumer President and CEO. The festival this year is being hosted by the trust and confidence in all U.S. financial insti- First Baptist Church of Alexandria, Virginia. tutions. More importantly, the two studies will AMERICA’S COMMUNITY BANKERS, The festival, first started as a result of efforts provide Congress with the recommendations it Washington, DC, May 26, 2000. of Randy Edwards, a pastor from Shreveport, will need by both the banks and credit union Hon. CHARLES A. GONZALEZ, Louisiana, who formed ‘‘Youth Choirs, Inc.,’’ a regulatory agencies to thoroughly assess all House of Representatives, non-profit organization. This organization was possible ramifications of any change in the Washington, DC. dedicated to building church youth choirs level of insurance coverage. In this way, few DEAR REPRESENTATIVE GONZALEZ: Amer- across denominational lines. The festival choir will attempt and virtually none will be able to ica’s Community Bankers strongly supports consists of 300 youth from across the nation. say that Congress acted imprudently. The fact your draft bill, the ‘‘Deposit Insurance Fea- sibility Act of 2000.’’ America’s Community The festival is limited to 300 singers, and that the studies and reports are to be com- this year is made up of 17 youth choirs from pleted and submitted within six months of the Bankers represents the nation’s community banks of all charter types and sizes. ACB throughout the country. I was honored to date of enactment of my bill provides enough members pursue progressive, entrepreneurial spend time with the First Baptist Church of time for a thorough review of the issue while and service-orientated strategies in pro- Cedartown Youth Choir. The group consists of also permitting Congress to access the studies viding financial services to benefit their cus- high school students who are members of this and reports in a timely manner, and hopefully tomers and communities. church and the Second Avenue Baptist move on the recommendations sooner rather Bankers would welcome an increase in de- Church in Rome, Georgia. They were accom- than later. Such studies and reports should posit insurance. ACB cautions, however, that panied on this trip by their church music direc- serve to permit those regulatory agencies bankers need to know first whether they tors, Mitch Huskison of Cedartown, and Joe would incur an increase in premiums or which have recently expressed concern about Preston of Rome, and several proud parents. increasing the deposit insurance limit to other costs. That is why we are particularly pleased that your bill would help answer this This choir from Georgia, along with those $200,000 to participate in the review of the important question. from other parts of the country, will deliver the coverage limit and to provide a specific cov- Taking inflation into account, the cov- prelude on Sunday, July 2nd at National Ca- erage limit recommendation to Congress. I erage limit today could be increased and in- thedral. The choirs, accompanied by an or- should stress that this bill does not mandate dexed to prevent further erosion. But if an chestra, will also present a ‘‘grand concert’’ at an increase. It calls for two studies and two increase in insurance coverage merely re- the First Baptist Church of Alexandria, Vir- reports on the subject. It provides for parity by sulted in a reshuffling of deposits among ginia. including all the financial institutions regulatory banks, a redistribution might be particularly In a world in which media attention fre- agencies in the deliberations. damaging for smaller community banks and quently focuses on reporting youth violence, their customers. I have received a letter of strong support for crime, lack of family values, and problems with H.R. 4603 from America’s Community Bank- Again, ACB strongly supports your draft our educational systems, it would behoove us ers, which represents the nation’s community bill, and stands ready to offer any assistance at our disposal. all to take a moment to recognize the Chris- banks of all charter types and sizes, and a let- tian young people who have worked to pay for ter strongly supporting the bill on behalf of the Sincerely, ROBERT R. DAVIS, this trip; and who have prayed for their lead- Credit Union National Association and the 78 Managing Director, ers, their bus driver, the chaperones, all the million credit union members nationwide. I Government Relations. kids who are attending, and for themselves, would ask that both letters be inserted in the that they might make beautiful music to glorify CONGRESSIONAL RECORD immediately following f our Lord. this statement. I look forward to the bill’s en- I salute the membership, staffs, parish- actment and to receiving the dual reports in PERSONAL EXPLANATION ioners, and parents of these students of the Congress sometime in the near future. Cedartown First Baptist Church and the Sec- CREDIT UNION ond Avenue Baptist Church of Rome for sup- NATIONAL ASSOCIATION, INC., HON. DARLENE HOOLEY porting this great ministry. Madison, WI, June 9, 2000. OF OREGON Hon. CHARLES GONZALEZ, f Cannon House Office Building, IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION Washington, DC. DEAR CONGRESSMAN GONZALEZ: On behalf of Thursday, June 29, 2000 the Credit Union National Association Ms. HOOLEY of Oregon. Mr. Speaker, on HON. JO ANN EMERSON (CUNA) and the 78 million credit union mem- OF MISSOURI bers nationwide, I am writing to express our Wednesday, June 28, 2000 during the Demo- IN THE HOUSE OF REPRESENTATIVES support for the legislation you introduced cratic motion to recommit H.R. 4680, my yesterday, H.R. 4603. pager malfunctioned. Thursday, June 29, 2000 CUNA and its member credit unions be- As a result, I was not aware of the ongoing Mrs. EMERSON. Mr. Speaker, I was attend- lieve deposit insurance has become an indis- vote, and as a result I was prevented from pensable part of the financial services land- ing my daughter’s high school graduation and scape and has contributed significantly to participating. missed the following recorded votes. Had I consumer trust and confidence in all deposi- However, if present I would have voted been present, I would have voted, ‘‘no’’ on tory institutions. Because of this important ‘‘yes’’ on this measure (Vote 356). rollcall vote 292, ‘‘no’’ on rollcall vote 293,

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00021 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 13442 EXTENSIONS OF REMARKS June 30, 2000 ‘‘no’’ on rollcall vote 294, ‘‘yes’’ on rollcall vote Our nation loses an officer almost every affordable and comprehensive Medicare pre- 295, ‘‘yes’’ on rollcall vote 296, ‘‘yes’’ on roll- other day; we’ve lost three Capitol officers in scription drug plan. call vote 297. the line of duty. And that doesn’t include the f ones who may be assaulted or injured. f The calling to serve in law enforcement IN SPECIAL RECOGNITION OF BILL comes with bravery and sacrifice. MEDICARE Rx 2000 ACT AND HELEN LOTT ON THE OCCA- The thin blue line protecting our homes, our SION OF THEIR 60TH WEDDING families and our communities—and the fore- SPEECH OF ANNIVERSARY most symbol of American freedom and de- mocracy—pays a price, and so do the loved HON. JIM KOLBE HON. PAUL E. GILLMOR ones they leave behind when tragedy strikes. OF ARIZONA OF OHIO They shouldn’t have to do this dangerous IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES job with inadequate resources. Wednesday, June 28, 2000 Thursday, June 29, 2000 We have a responsibility to see that law en- forcement—particularly those who guard the Mr. KOLBE. Mr. Speaker, I believe every Mr. GILLMOR. Mr. Speaker, today I recog- Capitol—have the resources they need. senior citizen should have insurance coverage nize a very special couple from the state of I want to recognize my colleagues for their for prescription drugs. Pharmaceuticals are in- Ohio. Mr. Speaker, on Friday, June 30, 2000, support of necessary funding for the U.S. Cap- creasingly an important part of modern medi- in the presence of many of their family mem- itol Police force. cine, and the cost of prescription drugs is ris- bers, neighbors, and friends, Bill and Helen f ing faster than most seniors can afford. The will celebrate a milestone day in their lives— truth is, however, that most seniors already the celebration of their sixtieth wedding anni- PRESCRIPTION DRUG COVERAGE have drug coverage, and some have excellent versary. FOR SENIORS coverage. According to the Health Care Fi- Mr. Speaker, the celebration of the sanctity nancing Administration (HCFA), 65% of Medi- of marriage is one of our most cherished and HON. MICHAEL P. FORBES care beneficiaries already have prescription time-honored traditions. Throughout the ages, OF NEW YORK drug coverage, either through their former em- husbands and wives have reaffirmed their IN THE HOUSE OF REPRESENTATIVES ployer, through Medicaid or through the trust, faith, and most importantly, love for each Medicare+Choice program. other on their wedding anniversaries. On this Thursday, June 29, 2000 most treasured day, we, as their friends, Mr. FORBES, Mr. Speaker, I’d like to submit Unfortunately, over 13 million remaining neighbors, coworkers, and family members, a letter I received from Adam Zaveski of seniors have no prescription drug coverage at have the opportunity to recognize them for Southhold, Long Island. Mr. Zaveski describes all. Often, these individuals are low-income their commitment, their sharing, and their love about his personal situation and the financial seniors or people with large prescription drug for each other. strains he and so many other seniors are ex- costs (due to multiple medications). Sadly, The day on which two people are united in periencing. these people often must choose between buy- ing groceries or taking their medication. This marriage is much more than simply a cere- DEAR MR. FORBES: I am writing this letter mony, with wedding vows and the exchanging to let you know how some of our Senior Citi- travesty must not continue unabated. of rings. It is the true union of two individuals zens have to live. I am 98 (and 5 months) I believe we can help low-income seniors who then become one, inseparable entity. It is years old and not able to do any work, blind while preserving and strengthening Medicare the common bond and an unwavering dedica- in one eye, can’t hear [any] word[s] hardly at for current beneficiaries and future genera- tion to each other that enabled their marriage all and can’t hardly walk. I have to live on tions. Moreover, I think we can do this without $530.00 a month [from] Social Security and to grow and flourish. increasing premiums of jeopardizing the fiscal have a small income which, I have with my stability of Medicare. Mr. Speaker, for the past 60 years, Bill and daughter who I live with. [It is] $140.00 a Helen have shown how love, compassion, and month [and] she does not take any of it. She H.R. 4680, the bipartisan Medicare prescrip- conviction are the cornerstones of their long gives it all to me to pay for my medicine. tion drug bill accomplishes these goals. and lasting marriage. Their strong commitment I have 5 prescriptions which cost me $23.00 For those seniors who have drug coverage, to each other is an example for each of us to for one pill and I use 5 every day which runs the bipartisan plan won’t change a thing. follow. into $115.00 for 100 pills. I pay $60.00 for EPIC These seniors would continue to enjoy the and $130.00 a month for [supplemental insur- Mr. Speaker, at this time, I would ask my benefits of their existing plan, if they choose. colleagues in the 106th Congress to stand and ance through] AARP. Other medicines I pay [for] in cash. For those seniors who do not have coverage, join me in paying very special tribute to Bill You politicians do not realize that us Old this plan will help them obtain coverage and Helen Lott on the occasion of their 60th Timers never got into the high wages that through Medicare. By doing this, the federal wedding anniversary. May the love and happi- they get today. I used to farm for a living government can reduce drug prices for all ness they have found stay with them far into [and] only made a living. What money I had seniors. the future. Again, best wishes and congratula- I spent on my wife. She had diabetes and had Specifically, H.R. 4680 would: tions on sixty wonderful years together. both feet amputated and spent 6 months in [the] hospital. I had no insurance and Medi- Lower drug prices and expand access to f care paid for 3 months and [I] had to pay the prescription drugs for all beneficiaries. THE U.S. CAPITOL POLICE rest. Protect seniors against higher drug prices DEPARTMENT I think I [have] done some good in the and runaway out-of-pocket costs. country while I was young. I belonged to [the] Fire Department [for] 60 years and I Subsidize insurance premiums and prescrip- HON. LORETTA SANCHEZ was a Trusted Lieutenant, Department tion drug purchases for low-income seniors. OF CALIFORNIA Chief, and a Fire Commissioner for 9 years. Expand an individual’s right to choose the IN THE HOUSE OF REPRESENTATIVES 20 [years as a] School Trustee, 7 years [on coverage that best suits their needs through a the] 4H Executive Board, 40 [years as a] voluntary and universally-offered benefit. Thursday, June 29, 2000 Farm Bureau Trustee and a political Trustee Preserve and protect Medicare to keep the Ms. SANCHEZ. Mr. Speaker, today I ad- for 25 years. program solvent for our children and grand- dress on the subject of funding for the U.S. Thank you, children. Capitol Police. ADAM ZAVESKI. The House has now passed legislation en- There are thousands of Mr. Zaveski’s Ensure that today’s scientific research and suring appropriate funding levels for this law across this Nation who have given so much to medical innovation will continue to find tomor- enforcement division. make this country great. In their time of need, row’s cures. This Congress should take every oppor- let’s not turn our backs. Invest $40 billion to modernize and strength- tunity possible to salute the police officers of Now is the time that this Congress heard en Medicare. this nation, as I do for those who serve my the pleas of our seniors and help Mr. Zaveski I encourage my colleagues to support this Congressional District in Orange County. and others. Now is the time to pass a reliable, bill.

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00022 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 June 30, 2000 EXTENSIONS OF REMARKS 13443 TOM RYAN: A TRIBUTE lations. Thereafter, he was appointed assist- tice in the Pine County area until his pass- ant city attorney for the city of St. Paul, in ing. which capacity he served six years. He had Preceding him in death are his first wife HON. JAMES L. OBERSTAR been connected with the Minnesota attorney Eileen (Fitzgerald), parents Thomas and OF MINNESOTA general’s office as special assistant in the Alice (Doyle) Ryan, brother Dr. James Ryan, IN THE HOUSE OF REPRESENTATIVES trial of jury cases in highway condemnation son Thomas, infant Mary, grandson Patrick matters and in writing opinions on munic- Johnson, and numerous other relatives. Sur- Thursday, June 29, 2000 ipal law. vived by second wife of over 42 years, Mir- Mr. OBERSTAR. Mr. Speaker, I rise to pay His specialty while in the city attorney’s iam, 13 children, 42 grandchildren, 36 great tribute to a truly great American, Thomas J. office was in research and drafting legisla- grandchildren. Ryan, whom the Lord claimed for eternal life tion and in presenting proposals to the legis- Visitation and prayer service at Swanson Funeral Chapel, Pine City, Sunday, June 11, earlier this month. lature. He served as state representative of the old 4:00 p.m.–7:30 p.m. Funeral mass and burial Tom Ryan’s 87 years were lived with the 55th district. As a member of the legislature are Monday, June 12, 10:30 a.m. at the Im- joy, wit, humor, intensity, and love of life he served upon many important committees maculate Conception Church. unique to his Irish ancestry. Tom Ryan was such as the committees on judiciary, high- husband twice: to Eileen, who preceded him in ways, towns and counties, and veterans and THE HEART OF SOLID GOLD military affairs. death; and to Miriam, with whom he shared 42 By Gloria Baker glorious years; he was father of 13, grand- He ran for the office of state senator in the Dad was the man with a solid gold heart father of 42, and great-grandfather of 36 and new 21st district comprising of Chisago, Isanti and Pine counties in 1962. He served as from other men this set him apart. loved them all equally and dearly. A husband, a father, and a dad too, for any- Tom Ryan served his country in the Navy Pine County Attorney from 1974–1980, until his retirement, at which time he continued one can be a father but only someone during World War II; and, again, during the his private law practice in the Pine County special can be a dad. Korean conflict, as Special Assistant U.S. At- area. He was a friend and teacher and sometimes torney prosecuting OPS violations. He served Thomas was preceded in death by his first was even a preacher to this I’ll explain. the city of St. Paul as assistant city Attorney, wife Eileen (Fitzgerald), his parents, Thomas As a lawyer his love was to keep law and the people of the 55th legislative district in the and Alice (Doyle) Ryan, brother Dr. James order that was at times so trying for Minnesota House of Representatives, and Ryan, son, Thomas J. (Ryan) Jr., infant support he could have used a brick wall served the people of Pine, Isanti, and Chisago Mary (Ryan), infant grandson Patrick John- filled with mortar. counties in the Minnesota State Senate, mak- son, and numerous other relatives and He lived life following his golden rule. His friends. convictions so strong he was stubborn ing his mark with important legislation affecting He is survived by and sorely missed by his the judiciary, towns and counties, veterans, as a mule second wife and best friend of over 42 years, ‘‘Innocent until proven guilty’’ Much time and highways. Miriam (Young Mueller), 13 children; Kath- spent representing family and friend, This brief recitation of only the highlights of leen (Ryan) and Terrance Oakes, Ortonville; defending, prosecuting and closing re- Tom’s professional life shows abundantly that Constance (Ryan) and Thomas Oakes, Marine alty. on the St. Croix; Thomas and Phyllis he was a man who, in Justice Oliver Wendell An exceptionally special adult generous to a Mueller, Aitken; John Ryan, Astoria, Or- Holmes’ words, ‘‘lived grandly in the law’’— fault. egon; Patricia (Ryan) and Denis Paine, meaning that he was devoted to and an advo- Many times working gratis whether intended Isanti; Paul and Judy Mueller, Apple Valley; or not, often putting him in a spot. cate of the law. He was also devoted to public Michael Ryan and fiance Helen Bartell, He’d give away his last dime and the shirt off service as a calling and a vocation. Mora; Carol (Mueller) and Roger Abdella, his back. Tom Ryan was my friend, counselor, and Pine City; Rosemary (Mueller) and Lawrence role model in his commitment to his family Perreault, Pine City; Gloria (Mueller) and Well known for the gift to talk of which one first, and to the people whom he so ably Ralph Baker, Pine City; Mary (Mueller) and dared not balk. served in both elective and appointive office. Dennis Willert, Pine City; Therese (Mueller) He once aspired to be a district court judge. and Richard Prihoda, Pine City; Shawn Served the people as he represented us in the Tom Ryan’s life and legacy might best be days long before politicians toured on summed up by a scripture verse I have always (Ryan) and Douglas Johnson, Pine City, also survived by 42 grandchildren, 36 great grand- bus. loved, from Proverbs, ch. 18, v. 31: ‘‘Gray hair children, many nieces and nephews. All of his life he remained active is a crown of glory;’’ it is gained by virtuous Visitation and prayer service at Swanson often entering into debate that became reac- living.’’ Funeral Chapel, Pine City, Sunday, June 11, tive. I will miss Tom greatly; but he will always from 4:00 p.m.–7:30 p.m. Funeral mass cele- With a passion for politics be a part of my life and an inspiration to my bration and burial will be on Monday, June he was staunchly Democratic Farmer Labor, public service. Tom, and especially Miriam, as 12, at 10:30 a.m. at the Immaculate Concep- the DFL this was no secret everyone well as all their beautiful family, will always be tion Church in Pine City, with Father Mi- could tell. in my prayers. chael Lyons officiating. Verbally opinionated His legacy of love for family, involvement carrying on conversations until someone Mr. Speaker, I submit for the RECORD the and vitality for life will continue to be an in- surrenders or when he would become sati- following obituary which appeared in numer- spiration to us all. In life he was teaching us, ated. ous newspapers, as well as the beautiful in his passing he taught us. Rest in the peace A strong Catholic and love of god poem, ‘‘The Heart of Solid Gold,’’ written by and love of the Lord, and meet us at heaven’s There were Wednesday night family Rosary Tom’s loving daughter, Gloria Baker. gate when it is our turn. meetings Thomas graduated from the College of St. THOMAS J. RYAN first come got the best seating there were no Thomas and William Mitchell School of Law. pressures just told to come if you 10/3/12—6/8/00 He served in the U.S. Navy as Lieutenant could. On October 3, 1912, Irishman, Thomas Jo- J.G. 1943 to 1946. After discharge he practiced Though we sometimes were too tired, we felt seph Ryan was born in Portland, Oregon. In law in the Milaca area. During the Korean like we should. 1935 he graduated from College of St. Thomas War he was appointed Special Assistant U.S. Many trips by plane, boat, rail, or in the car with a BA degree in social and political District Attorney in the prosecution of OPS with mom they would go far. science. In 1943 he graduated from the Wil- violations. He was appointed Assistant City The Carribean, Mexico, Canada, Africa, liam Mitchell School of Law with an LLB de- Attorney for the city of St. Paul, and served Spain and Ireland. gree and was admitted to the practice of law for six years. Through the Minnesota Attor- All over the states in this great big beautiful in the state of Minnesota. His personal com- ney General’s Office he was a special assist- land mitment to the field of law would not allow ant in the trial of jury cases in highway con- him to retire and he continued his private demnation matters and in writing opinions The car was pre-programmed to stop at P.Q.s practice until the time of his passing. on municipal law. He was state representa- From this we have all learned to take From 1943 to 1946 he served in the U.S. tive of the old 55th district. In 1962 he ran for the cue. Navy as Lieutenant J.G. After his discharge the office of state senator in the new 21st Eating healthy a must he was engaged in the general practice of law district comprising of Chisago, Isanti, and in the banana split he put his trust in Milaca area. During the Korean war he Pine Counties. He served as Pine County At- Playing cards he was sharp; 500 or bridge was appointed Special Assistant U.S. Dis- torney from 1974–1980, until his retirement, on rotating teams he would play. trict attorney in the prosecution of OPS vio- at which time he continued his private prac- His partner of choice was mom

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00023 Fmt 0689 Sfmt 0634 E:\BR00\E30JN0.000 E30JN0 13444 EXTENSIONS OF REMARKS June 30, 2000 Often a winner he would beam Barre, and the Newspaper in Education pro- Mr. Speaker, I think it is also worth noting for they made the best team. gram of the Citizens’ Voice, which is run by that Carol McNulty has been named The Citi- Like a cowboy ready to draw Debby Higgins. Carol and Debby will be com- zens’ Voice Teacher of the Year. Both Carol Sitting in his electronic easy chair he was ing to Washington to receive an award from McNulty and Debby Higgins are to be com- armed with a remote in each hand with the Newspaper Association of America for mended for their fine work with our young a push of a button it would boost him their Old King Coal Day project. people and for ensuring that our history is to stand. The NAA will present them with one of its Chocolates or ice cream along side passed on to future generations. he surfed the channels with all of his might. Newspaper Innovators in Education Awards I also congratulate the Newspaper Associa- He watched the TV news that kept him in on July 14, and they will also be participating tion of America for creating this program to light in a week-long educational seminar as guests encourage newspapers to become more ac- For lady luck he did look like searching of the NAA. They in turn will present the Old tively involved in schools. Our democracy de- through the pages of a great new book. King Coal Day program to Newspapers in pends on well-informed citizens, and this pro- A favorite machine he did have it was the Education people from across the country. gram helps to develop our young people into slot called one-eyed jacks. This project began as a way to teach a new the active citizens of tomorrow. Like life, it was a gamble bells and whistles generation of children about the history of I am pleased to call the service of Carol sometimes would ramble. Northeastern Pennsylvania, especially the role McNulty and Debby Higgins and their well-de- His family his pride and joy as if they were that the anthracite coal mining industry played served honors to the attention of the House of a child’s new toy. in the region’s development. Through the ef- Representatives, and I send my best wishes He puffed up his chest bigger than the rest. forts of many people, Old King Coal Day be- for continued success. Filled with love he would always brag. came a reality on Sept. 23, 1999 at Edward f Like a lion I must boast proudly of this man Mackin Elementary School. we called dad, husband and friend. Students listened to speeches about the IMPLEMENTATION OF THE NAZI Until the very end a handsome Irish WAR CRIMES DISCLOSURE ACT man. Molly Maguires and breaker boys, watched Full of dignity, pride, peace, and grace some- presentations about mining tools and equip- times as delicate as fine lace, always, ment, and learned about the area’s coal herit- HON. TOM LANTOS and even with his failing health he age. The organizers felt the day was a suc- OF CALIFORNIA gave us a wealth of gifts to carry in our cess and are planning a second Old King Coal IN THE HOUSE OF REPRESENTATIVES hearts. Day for September at the Pringle Street Ele- Thursday, June 29, 2000 Numerous wonderful ‘‘I Love You’s’’ as if he mentary School in the Wyoming Valley West Mr. LANTOS. Mr. Speaker, earlier this couldn’t tell us enough from this man School District. This spring, I visited with the he who sometimes played tough. week, the Subcommittee on Government Man- Hand dances, singing the Rose of Tralee, con- students at Mackin elementary and can attest agement, Information, and Technology held a versations, or just smiles, and those to the enthusiasm Ms. McNulty has generated. particularly important hearing on the imple- beautiful dancing Irish eyes all never Old King Coal Day stimulated the students to mentation of the Nazi War Crimes Disclosure to part. seek a postal stamp honoring coal miners. On Act (P.L. 105–246). That hearing was held His golden heart of love stopped beating and their behalf, I recently submitted to the Citi- under the very able leadership of our distin- with that a part of ours did too, but his zens’ Stamp Advisory Committee the petitions guished colleague from California, STEPHEN legacy of love for family, involvement that the students circulated, bearing more than HORN. Chairman HORN has shown unwavering and vitality for life will continue to be 2,000 signatures. support and a deep personal commitment to an inspiration to us. One of the fourth-grade students, Stephen In life he was teaching us in his passing he bring to justice Nazi war criminals through the Grobinski, whose great-great-grandfather was full declassification of documents in posses- taught us. killed in a coal mine, wrote an especially mov- Rest in the peace and love of the Lord, Dad, sion of the National Archives and Records ing letter to the head of the Citizens’ Stamp Service. His strong leadership was essential in and meet us at heavens gate when it is Advisory Committee explaining why a coal our turn. the passage of the Nazi War Crimes Disclo- miners stamp would be important to him. I sure Act two years ago. f would like to have this letter reprinted in full Mr. Speaker, I would also like to thank the PERSONAL EXPLANATION below current Ranking Member of the Subcommittee, DEAR DR. VIRGINIA NOELKE: We want you Congressman JIM TURNER, and the former to issue the stamp, because we want to honor Ranking Member, Congressman DENNIS HON. STEPHANIE TUBBS JONES the dead miners. How would you feel if your KUCINICH, for their unwavering commitment to OF OHIO dad, grandpa, uncle, and your friends died in declassification issues in the pursuit of Nazi IN THE HOUSE OF REPRESENTATIVES a mine? My great, great grandpa died in the mines. How do you think other people feel? I war criminals and human rights offenders Thursday, June 29, 2000 don’t feel happy. They probably feel sad that around the world. Special recognition and ap- Mrs. JONES of Ohio. Mr. Speaker, on June their dads, grandpas and uncles died. preciation should also be given to Congress- 22, 23 and 26, 2000, had family commitments We did lots of projects for ‘‘Old King Coal woman CAROLYN MALONEY, who introduced Day.’’ We did it to honor all the miners. I the Nazi War Crimes Disclosure Act in the and missed rollcall votes 315, 316, 317, 318, know somewhere in your heart you feel sad. 319, 320, 321, 322, 323 and 324. I ask that If you don’t, I can’t understand why. People House and who has been a leader on these the record reflect that had I been present, I say that children can make a difference, and issues. would have voted ‘‘aye’’ on rollcall votes 315, that is our goal. Mr. Speaker, the successful implementation 316, 317, 318 and 319. Also the record should One thing I want to know is why did you of any bill passed by Congress must be meas- reflect I would have noted ‘‘no’’ on rollcall say no to all the people that asked you to ured against the goals we set out to achieve. votes 320, 321, 322, and ‘‘aye’’ on rollcall vote issue the stamp? I hope you listen to us. If The goal of the Nazi War Crimes Disclosure 323 and ‘‘no’’ on rollcall vote 324. you say yes, I know that all the little people Act is to declassify and make public any re- like me can make a difference in our lives. I maining documents in U.S. possession con- f said little people could make a difference be- cause all my life I gave up, but this time I’m cerning Nazi crimes, criminals and looted MCNULTY, HIGGINS HONORED FOR not going to give up! This is one thing that property. At the same time this ‘‘right to know’’ OLD KING COAL DAY PROGRAM I want to accomplish!. I want a stamp to must be balanced against legitimate reasons honor the coal miners. Please, say you will to continue to withhold certain documents. HON. PAUL E. KANJORSKI grant my special wish. Since we are dealing with documents that are OF PENNSYLVANIA Sincerely, now half a century old, however, there clearly STEPHEN GROBINSKI. IN THE HOUSE OF REPRESENTATIVES should be a bias in favor of declassification. The NAA award, which is a monetary prize, In compliance with Section 2 (b)(1) of the Thursday, June 29, 2000 will be shared by the Wilkes-Barre Area Nazi War Crimes Disclosure Act, President Mr. KANJORSKI. Mr. Speaker, I rise today School District, which participated in the First Clinton issued Exec. Order 13110 on January to pay tribute to Carol McNulty, a teacher at Old King Coal Day, and the Citizens’ Voice 11, 1999, which created the ‘‘Nazi War Crimi- Edward Mackin Elementary School in Wilkes- NIE program. nal Records Interagency Working Group

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00024 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 June 30, 2000 EXTENSIONS OF REMARKS 13445 (IWG).’’ This organization was established to are housed at the National Archives in College SENSE OF THE HOUSE CON- resolve the conflict between the policy require- Park in order to make the released documents CERNING USE OF ADDITIONAL ment for public disclosure with the need for more easily accessible and useable to the PROJECTED SURPLUS FUNDS TO confidentiality of records and documents be- general public. SUPPLEMENT MEDICARE FUND- cause of national security requirements. I want Mr. Speaker, while the Nazi War Crimes ING to pay tribute to the members of the IWG. No Disclosure Act authorizes the funds necessary matter how well intended and carefully crafted to conduct all this work (Sec. 2(b)(d) ), the SPEECH OF legislation is, the people who are chosen to IWG did not receive any appropriations for its HON. KEN BENTSEN implement it have a great impact upon assur- heroic effort. The Office of Special Investiga- OF TEXAS ing that the intention of the Congress is met. tions (OSI) of the Department of Justice made IN THE HOUSE OF REPRESENTATIVES The efforts of the IWG have been outstanding. available $400,000 for IWG support from an Wednesday, June 28, 2000 The Members of the IWG are Chairman Mi- appropriation related to the Act. The National chael J. Kurtz of the National Archives and Archives, which is charged by the President Mr. BENTSEN. Mr. Speaker, the Balanced Records Administration (NARA), Thomas H. with the administrative support of the IWG, will Budget Act of 1997 (BBA) and programmatic Baer of Steinhardt Baer Pictures Company, provide from its own budget nearly $1 million changes by the Health Care Financing Admin- Richard Ben-Veniste of Weil. Gotshal & in staff and other support services by the end istration have resulted in America’s health Manges, John E. Collingwood of the FBI, of FY 2000. This support falls far short of what care providers undergoing great fiscal adversi- former Congresswoman Elizabeth Holtzmann, is required to satisfy the requirements of the ties. BBA-compelled reductions to the Medi- Kenneth J. Levit of the CIA, Harold J. Act. care program have resulted in cost reductions Kwalwasser of the Office of the Secretary of In addition, the Nazi War Crimes Disclosure far greater than anticipated. Mr. Speaker, Defense (OSD), William H. Leary of the Na- Act imposes a ‘‘Sunset Provision’’ of 3 years since the Balanced Budget Act of 1997, which tional Security Council staff, David Marwell of after enactment of the bill (Sec. 2(b)(1) ). Mr. I supported, cuts in payment rates to Medicare the U.S. Holocaust Memorial Museum, Eli M. Chairman, I believe that the monumental task health care providers have been far more sig- Rosenbaum of the Office of Special Investiga- we as Members of Congress have given to nificant and onerous than anticipated. As a re- tions at the Department of Justice, and William the IWG cannot be fully completed in this sult, many health care plans have withdrawn Z. Slany of the Department of State. In addi- time. Additional time certainly will be required. or are being forced to withdraw from the Medicare+Choice program because of inad- tion, a Historical Advisory Panel composed of Mr. Speaker, let us never forget why these equate reimbursement rates, particularly in seven outstanding historians supports the IWG very able people work extremely hard to bring justice to victims and survivors of the Holo- rural areas. in their endeavors. Two historians, in particular Since passage of the BBA in 1997, Medi- caust. It is simply unconscionable that war have played a critical role in the work of the care spending is projected to have been re- criminals can escape justice—many times by IWG—Dr. Richard Breitman and Dr. Timothy duced by more than $226 billion—nearly $123 hiding in the U.S. It is essential that we work Naftali. billion more than Congress intended with the Mr. Speaker, this has been a mammoth un- so that family members of the victims of Hit- passage of the BBA. To alleviate some of dertaking. In its interim report on the imple- ler’s tyranny can know the fate of their loved these reductions, Congress passed, with my ones, and that assets illegally seized from the mentation of the Nazi War Crimes Disclosure support, the Balanced Budget Refinement Act victims not remain forever hidden. Act—a report which is mandated in Sec. 2 of 1999 (BBRA). Nevertheless, according to Mr. Speaker, as this review clearly dem- (c)(3) of the Act the IWG reported that all the Congressional Budget Office’s (CBO) pro- onstrates, we have made incredible progress agencies completed a preliminary survey of jections, reductions to the Medicare program in opening up United States archives to their records which could potentially be cov- are more than four times the $15 billion Con- records relating to the war crimes and the ered by the Act’s requirement for declassifica- gress added as part of the BBRA. tion review. In the first year of its operations, crimes against humanity that were perpetrated For years, I have been saying we can and the IWG has screened over 600 million pages by the government of Nazi Germany. must do more to address this healthcare prob- of material to identify potentially applicable The Nazi War Crimes Disclosure Act (Sec. lem. Today, with the CBO estimating that the files, principally at the CIA, Department of De- 2(c)(1) ) defines Nazi war criminal records as non-Social Security surplus to the federal fense, FBI, and archival records in the Na- those pertaining to persons who have com- budget will exceed $40 billion, the Congress tional Archives. During this initial screening, mitted their crimes under the direction of, or in has no excuse but to address this healthcare some 50 million pages of material meeting the association with the Nazi government of Ger- problem. criteria of the legislation has been identified many, any government in occupied territories This measure expresses the ‘‘sense of Con- and is being further screened to determine if established by military forces, any collaborator gress’’ that the House of Representatives that, declassification is covered by terms of the government, or any government which was an upon receipt of midyear Congressional Budget Nazi War Crimes Disclosure Act. ally for the German Nazi government. This Office (CBO) re-estimates of the non-Social This process is massive and tedious. An broad definition clearly includes—and the Con- Security surplus, should promptly assess the enormous amount of material needs to be cat- gress intended that it include— records relat- budgetary implications of such re-estimates egorized, catalogued, and systematically ing to the Imperial Japanese government and and provide for appropriate adjustments to the searched. In the all too frequent absence of atrocities that were committed under its re- Medicare program during this legislative ses- an existing catalogue system responsive to sponsibility throughout Asia. sion. the special focus outlined in the Nazi War I welcome and fully support the decision of I would note that just last week, President Crimes Disclosure Act, a line-by-line review of the IWG to move now to wartime records re- Clinton proposed $21 billion over five years many, many documents has often been re- lating to Imperial Japan in an effort to bring to and $40 billion over ten years in restorations quired. light the war crimes that were committed by for these providers. Regrettably, the flawed Mr. Speaker, additional problems have oc- units of the Imperial Japanese military forces Republican prescription drug bill that passed curred when documents are found which were during World War II. The task of dealing with the yesterday failed to include restoration of given to the United States by allied foreign in- the Japanese records are more difficult. This these BBA cuts, as the President has ad- telligence services with the understanding that requires the assembly of a whole new team of vanced. the United States would not publicly disclose scholars and historians, and different language The Democratic Medicare prescription drug them. Special permission to make such docu- capability is required for these documents than plan, that the Republicans were scared to ments public in many cases has required is required for the Nazi German records. allow this body to vote on yesterday, included careful negotiation. Mr. Speaker, I commend the members of these payment restorations. This resolution is Despite these problems, in its short life the IWG for their remarkable efforts. I also a belated recognition by the Republican lead- span, the IWG has released 400,000 pages of commend Chairman HORN for holding the ership that the improved budget outlook with documents which are now available to the hearings to review the implementation of the larger projected surpluses not only makes public at the National Archives and Records Nazi War Crimes Disclosure Act. The task these payment adjustments possible, but Administration. In addition, the IWG has pub- which is established in the legislation is an im- makes them essential. lished ‘‘finding aids’’ to the records on Nazi portant one as we work to bring a conclusion Mr. Speaker, in light of economic perform- war crimes and Holocaust-era assets which to this chapter in our history. ance that far surpasses any expectations, I

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00025 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.000 E30JN0 13446 EXTENSIONS OF REMARKS June 30, 2000 ask my colleagues in the House to join me in TRIBUTE TO THE LATE SERVICE- W. Mann, 36th Service Group, 374th Service further relieving some of the unanticipated ef- MEN OF USAAF B–17 40–2072 Squadron; Pfc. Charles M. Williams, 455th fects of the BBA 1997 and join me in sup- Service Squadron; T/5 William A. Briggs, porting H. Res. 535. HON. GARY G. MILLER 478th Service Squadron, 1037th Signals; Cpl. OF CALIFORNIA Edward Tenny, 479th Service Squadron. f IN THE HOUSE OF REPRESENTATIVES Pfc. Norman J. Goetz, 480th Service Squadron; Pfc. Frederick C. Sweet, 481st Thursday, June 29, 2000 INTRODUCTION OF THE NATIONAL Service Squadron, 46th Ordnance Company; FLOOD INSURANCE PROGRAM Mr. GARY MILLER of California. Mr. Speak- T/Sgt. Alfred H. Frezza, 27th Depot Repair FAIRNESS ACT OF 2000 er, I rise today to recognize and honor forty Squadron; Cpl. Jacob O. Skaggs, Jr., 27th American soldiers killed over fifty-seven years Depot Repair Squadron; Pvt. James E. HON. FORTNEY PETE STARK ago in a terrible aviation accident. This mishap Finney, 27th Depot Repair Squadron; Pvt. occurred in Bakers Creek, Queensland, Aus- OF CALIFORNIA Raymond D. Longabaugh, 842nd Aviation En- tralia on 14 June 1943. At the time, it was not gineer Battalion; Cpl. Marlin D. Metzger, 374th IN THE HOUSE OF REPRESENTATIVES only the worst aviation accident in Australia, Troop Carrier Group, 6th Troop Carrier Squad- Thursday, June 29, 2000 but also the worst aviation accident of World ron; Pfc. Frank S. Penska, 374th Troop Car- War II. Mr. STARK. Mr. Speaker, today I am intro- rier Group, 6th Troop Carrier Squadron; Sgt. The aircraft was operated by the United ducing the National Flood Insurance Program Anthony Rudnick, 565th Signal Battalion, States Army Air Force 46th Transport Carrier Fairness Act of 2000. This February many of Company A; Pfc. Vernon Johnson, 440th Sig- Squadron, 317th Troop Carrier Group my constituents were placed into a special nal Battalion, Company A; Pfc. John W. (46TCG) of the 5th Air Force, United States hazard flood zone, a designation which neces- Parker, 809th Chemical Company. Army Air Force, and was one of many B–17 sitated the purchase of flood insurance. These Mr. Speaker, although these men came aircraft removed and converted from combat residents were not notified that they would be from twenty different states, were from many status and placed with the 46th as a transport required to purchase flood insurance until two different walks of life, and served in many dif- aircraft. Shortly after takeoff from the Mackay months or less before the maps became effec- ferent units, their common purpose was one: airport in Bakers Creek, Australia, their B–17 tive, even though the law is supposed to give service to our nation. Until recently, the details flying Fortress lost altitude, falling to the earth them six months notice. This exacerbated an of this mishap were classified by the Air in a slow and steady bank and crashed in a already difficult situation, as residents who had Force, but now that the incident is available ball of flames. In addition to the six crew not seen flooding in decades or a lifetime had for public attention, I desire to honor the mem- members, thirty-five soldiers were on board, little notice to purchase costly insurance. ory of these fine young men. returning to their posts after being on leave in I applaud the efforts of people like Mr. Colin Several residents who did not believe they Mackay. Their names, rank, and units follow: Benson, who is a historian for the Mackay were in the flood zone hired a surveyor at Crew: 1/Lt. Vern J. Gidcumb, Pilot, 317th chapter of the Returned and Service League their own expense. The data provided by this Troop Carrier Group, 46th Troop Carrier (RSL) of Australia. Mr. Benson’s devotion to private surveyor resulted in their homes being Squadron; F/O William C. Erb, Co-Pilot, 317th obtaining the records of the incident and seek- removed from the special hazard flood zone. Troop Carrier Group, 46th Troop Carrier ing recognition for these men has been long While these residents were not required to Squadron; 2/Lt. Jack A. Ogren, Navigator, and arduous. As an Australian, Mr. Benson’s purchase flood insurance, they did spend over 317th Troop Carrier Group, 46th Troop Carrier dedication to our American soldiers is com- $200 each for the surveyor. They were told by Squadron; S/Sgt. Lovell Dale Curtis, Crew mendable. Rarely does a foreign country ap- FEMA that they were responsible for that ex- Chief, 317th Troop Carrier Group, 46th Troop plaud the efforts and sacrifices of another, and pense, even though the mistaken flood zone Carrier Squadron; S/Sgt. Frank E. Whelchel, strive so hard to honor their dead. I also ap- classification was made by the county engi- Crew Chief, 374th Troop Carrier Group, 22th plaud Mr. Eugene D. Rossel’s commitment neers. Troop Carrier Squadron; Sgt. David E. and dedication to the disclosure of this terrible Clearly the national flood insurance program Tileston, Radio Operator, 317th Troop Carrier mishap. He is that type of American who will needs to be revised to give homeowners more Group, 46th Troop Carrier Squadron. not rest until heroes like the men I listed notice and due process. That’s why I am pro- Passengers: Pfc. Arnold Seidel, 5th Air above are recognized for their personal sac- posing this legislation. Force, 415th Signal Company; Pvt. Ruben L. rifice. The National Flood Insurance Program Fair- Vaughn, 5th Fighter Command, HQ Squadron; Mr. Speaker, I ask that we give thanks to all ness Act of 2000 would do the following: Re- T/5 George A. Ehrman, 5th fighter Command, our veterans for the sacrifices they made for quire the FEMA Director to notify by registered Signal HQ Company; S/Sgt. Roy A. Hatlen, our great nation. Unfortunately, we must also mail the Chief Executive Officer of each com- 35th Fighter Group, 40th Fighter Squadron; S/ live with the knowledge that some of our serv- munity affected by changes in Flood Insurance Sgt. John W. Hilsheimer, 35th Fighter Group, icemen and women do not live long enough to Rate Maps. The Director will be required to 40th Fighter Squadron; Sgt. Dean H. Busse, become veterans. They give their lives so that provide a copy of the revised map, along with 35th Fighter Group, 40th Fighter Squadron; ours might be better, and the men of B–17 a statement explaining the process of appeal. Cpl. Raymond H. Smith, 35th Fighter Group, 40–2071 did no less. May we continue to rec- The director will also provide the affected 40th Fighter Squadron; Maj. George N. Pow- ognize and memorialize our fallen servicemen community sufficient information to identify ell, 49th Fighter Group, HQ Squadron; Pfc. Je- and women, long into the future. which homes are affected. Require the Direc- rome Abraham, 49th Fighter Group, Hq f tor to notify by registered mail the Chief Exec- Squadron; Pvt. Charles, D. Montgomery, 49th utive Officer of each community of FEMA’s re- Fighter Group, 7th Fighter Squadron; Capt. CONGRATULATING 30 SIXTH GRAD- sponse to the community’s appeal of the flood John O. Berthold, 49th Fighter Group, 8th ERS OF SHADY LANE ELEMEN- insurance rate maps. Require the Director to Fighter Squadron; Sgt. Carl A. Cunningham, TARY SCHOOL notify by first class mail each owner of prop- 49th Fighter Group, 8th Fighter Squadron. erty affected by the changes in the flood insur- Sgt. Charlie O. LaRue, 49th Fighter Group, HON. ROBERT E. ANDREWS ance rate maps. Require FEMA to reimburse 8th Fighter Squadron; Sgt Leo. E. Fletcher, OF NEW JERSEY a resident for reasonable costs incurred in 38th Bombardment Group, 405th Bombard- IN THE HOUSE OF REPRESENTATIVES connection with a surveyor or engineer for an ment Squadron; Sgt. Donald B. Kyper, 38th appeal to the Director which is successful. Bombardment Group, 405th Bombardment Thursday, June 29, 2000 This does not include legal services incurred Squadron; Cpl. Franklin F. Smith, 38th Bom- Mr. ANDREWS. Mr. Speaker, I rise today to by the resident. bardment Group, 405th Bombardment Squad- commemorate a great day, on which 30 sixth It is my hope that the legislation will allow ron; T/Sgt. James A. Copeland, 8th Service grade students from Shady Lane Elementary communities to better work with FEMA to en- Group, HQ Squadron; Cpl. Charles W. Samp- School reached all of the appropriate levels on sure that residents are given sufficient, fair, son, 8th Service Group, 11th Service Squad- their Terra Nova test. Ms. Pat Campanile’s and timely notice if they will be required to ron; Pfc. Dale Van Fosson, 8th Service Group, sixth grade class is an outstanding group of purchase flood insurance. 1160th Quartermaster Company; Pfc. Kenneth young people. I wish the best of luck to the

VerDate Aug 04 2004 13:39 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00026 Fmt 0689 Sfmt 9920 E:\BR00\E30JN0.001 E30JN0 June 30, 2000 EXTENSIONS OF REMARKS 13447 following group of sixth graders: Pedro Alva- PERSONAL EXPLANATION PERSONAL EXPLANATION rez, Angelica Beltran, Jeffrey Clement, Da Juane Collins, Shannon Costro, Casaundra HON. EVA M. CLAYTON HON. BOB FILNER Davis, Erin Feeney, Julia Fluke, Kalem OF CALIFORNIA Francis, Lacey Hall, Matthew Hanratty, Gina OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES Hinchliffe, Darrell Jenkins, Sachi Jonas, IN THE HOUSE OF REPRESENTATIVES Lauren Jordan, Debbie King, Jonathan Law- Thursday, June 29, 2000 Thursday, June 29, 2000 rence, Robert Murninghan, Brittney Nock, Mrs. CLAYTON. Mr. Speaker, I was un- Mr. FILNER. Mr. Speaker, on Thursday, Christopher Perez, Jenna Perez, Andre Robin- avoidably detained and missed rollcall vote June 28, I missed a series of votes due to the son, Charmel Sippio, Amanda Smith, Krystle No. 319. death of my father. Had I been here, I would Snyder, Michael Solvibile, Patricia Stout, have voted as follows: Rollcall #352—yes, Had I been present, I would have voted nay Prunell Thurman, Philip Washington. Rollcall #353—yes, Rollcall #354—yes, Roll- on rollcall No. 319, the Waxman amendment call #355—no, Rollcall #356—yes, Rollcall to H.R. 4690—Commerce-Justice-State Ap- f #357—no. propriations. PERSONAL EXPLANATION f f SHEPPARD AIR FORCE BASE AND HONORING THE CAREER OF SHIR- COMMUNITY FREEDOM FEST HON. DONALD A. MANZULLO LEY FEIRER, PRESIDENT OF THE COMMEMORATION OF ILLINOIS DEPARTMENT OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES VETERANS OF FOREIGN WARS HON. MAC THORNBERRY AUXILIARY OF TEXAS Thursday, June 29, 2000 IN THE HOUSE OF REPRESENTATIVES Mr. MANZULLO. Mr. Speaker, on Monday HON. DEBBIE STABENOW Thursday, June 29, 2000 evening, June 26, 2000, there was a series of OF MICHIGAN Mr. THORNBERRY. Mr. Speaker, I would votes called for the bill providing appropria- IN THE HOUSE OF REPRESENTATIVES like to take this opportunity to commemorate tions for the departments of Commerce, Jus- the contributions of the men and women who tice and State, and the Judiciary—H.R. 4690. Thursday, June 29, 2000 have served America while stationed at I was unavoidably delayed due to mechanical Ms. STABENOW. Mr. Speaker, I would like Sheppard Air Force Base, Wichita Falls, problems and personnel issues with not one, to recognize the years of dedication and serv- Texas and members of the community during but two different, airlines. Consequently, I was ice of Shirley Feirer to the Veterans of Foreign their Independence Day celebration. delayed to the point of missing several votes. Wars Auxiliary. Ms. Feirer will be concluding The Sheppard Air Force Base July 4th, Had I been present for roll call vote 322, the her year of outstanding service as President of 2000 Freedom Fest is a celebration of free- Sanford Amendment numbered 33 printed in the Department of Michigan VFW Auxiliary on dom recognizing the contributions and sac- the CONGRESSIONAL RECORD to strike the $8.2 July 1, 2000 at the Department Convention in rifices of patriots in the past and celebrating million appropriation for the Asia Foundation in Dearborn, Michigan. the promise of America’s future. In honor of the Department of State, I would have voted President Feirer first joined the Auxiliary in this event and these contributions, I enter the Aye. October 1983 with her husband Joseph, who following proclamation into the official record Had I been present for roll call vote 323, the served in World War II in Europe. In 1990 she of today. Olver Amendment numbered 72 printed in the was appointed as District 10 President, which CONGRESSIONAL RECORD to add a new proviso she performed simultaneously with her newly Whereas the friendship and understanding be- into the bill (relating to the Kyoto Protocols) elected position as Washington Township Su- tween the men and women of Sheppard which clarifies that the limitations on funds pervisor. In 1997, she was chosen to serve as Air Force Base and Wichita Falls, shall not apply to activities which are other- all State President. Elected as a Guard with Burkburnett, Iowa Park, and other North wise authorized by law, I would have voted the Department of Michigan in 1994, Ms. Texas communities are indicative of the Nay. Feirer proceeded through the chairs to be- strong civil-military support so essential to come State President in 1999. America’s strength; Had I been present for roll call vote 324, the Over the past year, Shirley has logged Whereas since its beginnings in 1941 as a Hostettler Amendment numbered 23 printed in many miles to visit the 279 VFW auxiliaries training base for B–25 and B–26 aircraft the CONGRESSIONAL RECORD to add a new that make up the Michigan Department. She mechanics, Sheppard Air Force Base has section which provides that no funds in the bill has not only traveled the state of Michigan, continued to play an essential role in may be used to enforce, implement, or admin- she has represented the over 3,000 Michigan training so many of America’s sons and ister the provisions of the settlement document auxiliary members at national conventions. daughters in critical skills that enabled us dated March 17, 2000, between Smith and She has balanced all of this with her role as to win the Cold War; Wesson and the Department of the Treasury, Washington Township Supervisor, Mother of Whereas it should be acknowledged the men I would have voted Aye. three sons, five step-children, twelve grand- and women of Sheppard Air Force Base Had I been present for roll call vote 325, the children, one great grandchild and caretaker of host Freedom Fest—a day of family fun— Vitte amendment numbered 77 printed in the her mother. in appreciation and gratitude of the mili- CONGRESSIONAL RECORD to add language to Today I would like to thank Shirley for her tary and civilian patriots of the past and the bill prohibiting the use of funds by the years of service and her dedication to the vet- present so committed to the preservation State Department to approve the purchase of erans who have so nobly served our country. of freedom; property in Arlington, Virginia by the Xinhua The foundation that Ms. Feirer helped to build Therefore, let it be known that the Sheppard News Agency, I would have voted Aye. will remain for future generations. I wish her Air Force Base Freedom Fest celebration Finally, had I been present for roll call 326, the very best as she steps down as President. is a commendable event celebrating free- final passage for the bill, H.R. 4690, I would I am sure she will continue to be a valuable dom, liberty, community support, and have voted Aye. asset to the VFW Auxiliary in the future. friendship.

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