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

Vol. 146 WASHINGTON, WEDNESDAY, OCTOBER 18, 2000 No. 131 House of Representatives The House met at 4 p.m. Mr. GILMAN led the Pledge of Alle- Henriette V. Warfield, of Virginia. The Chaplain, the Reverend Daniel P. giance as follows: f Coughlin, offered the following prayer: I pledge allegiance to the Flag of the Lord, sometimes we are bewildered United States of America, and to the Repub- COMMUNICATION FROM THE by what occurs around us. Forgive us, lic for which it stands, one nation under God, CLERK OF THE HOUSE indivisible, with liberty and justice for all. if we think our difficulties are so ex- The SPEAKER laid before the House traordinary. The fear of pain reveals us f the following communication from the as human. We are vulnerable when an- MESSAGE FROM THE SENATE Clerk of the House of Representatives: ticipating troublesome times. A message from the Senate by Mr. HOUSE OF REPRESENTATIVES, If we are to suffer, Lord, let it not be Washington, DC, October 18, 2000. for our misdeeds, mistaken judgments Lundregan, one of its clerks, an- nounced that the Senate has passed Hon. J. DENNIS HASTERT, or because we have infringed on the The Speaker, House of Representatives, rights of others. If any one of us is suf- bills of the following titles in which Washington, DC. fering, let there be no disgrace. the concurrence of the House is re- DEAR MR. SPEAKER: Pursuant to the per- You reveal Yourself as the God of quested: mission granted to Clause 2(h) of Rule II of compassion, You are close to all who S. 1066. An act to amend the National Agri- the Rules of the House of Representatives, suffer. Be their strength that in Your cultural Research, Extension and Teaching the Clerk received the following message name, they may persevere in seeking Policy Act of 1977 to encourage the use of from the Secretary of the Senate on October 18, 2000, at 9:27 a.m. justice and doing what is right. and research into agricultural best practices to improve the environment, and for other That the Senate passed without amend- Even the weakest among us, by being purposes. ment H.R. 2296. faithful, can give You glory now and S. 1109. An act to conserve global bear pop- That the Senate passed without amend- forever. Amen. ulations by prohibiting the importation, ex- ment H.R. 5212. f portation, and interstate trade of bear That the Senate passed without amend- viscera and items, products, or substances ment H. Con. Res. 428. THE JOURNAL containing, or labeled or advertised as con- With best wishes, I am The SPEAKER. The Chair has exam- taining, bear viscera, and for other purposes. Sincerely, ined the Journal of the last day’s pro- S. 1482. An act to amend the National Ma- JEFF TRANDAHL, ceedings and announces to the House rine Sanctuaries Act, and for other purposes. Clerk of the House. his approval thereof. The message also announced that f Pursuant to clause 1, rule I, the Jour- pursuant to Public Law 106–65, the UNITED NATIONS CONSIDERING nal stands approved. Chair, on behalf of the Majority Lead- RESOLUTION CONDEMNING f er, and in consultation with the Chair- man of the Senate Committee on ISRAEL REGARDING ONGOING PLEDGE OF ALLEGIANCE Armed Services, announces the ap- VIOLENCE IN MIDDLE EAST The SPEAKER. Will the gentleman pointment of the following individuals (Mr. GILMAN asked and was given from New York (Mr. GILMAN) come for- to serve as members of the Commission permission to address the House for 1 ward and lead the House in the Pledge on the National Military Museum: minute and to revise and extend his re- of Allegiance. John G. Campbell, of Virginia. marks.)

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H10067

. H10068 CONGRESSIONAL RECORD — HOUSE October 18, 2000 Mr. GILMAN. Mr. Speaker, most of President GORE about a secret, illegal To EMC Fred Stozier of Jacksonville, our colleagues are fully aware that nuclear arms deal with an unidentified my thoughts are with him and his fam- Israel is being treated abysmally at the terrorist nation ‘‘that was not to be ily as he recovers from his injuries. hands of the United Nations, prin- conveyed to third parties, including We can never be completely immune cipally in the General Assembly. Re- the United States Congress.’’ from the darker forces of terrorism grettably, the Palestinians have pro- Yes, sadly, Vice President GORE kept that lurk in every corner of the world. moted and have adopted anti-Israel and his promise to the Russian Prime Min- We must counter these threats with a anti-peace process resolutions. ister instead of his promise to the complete commitment to preparedness Today, unfortunately, is no different. American public. and strength. Our adversaries must Despite UN Secretary General Kofi He did not tell Congress about the know we will not shy away from our re- Annan’s recent statement that, ‘‘words letter or about Moscow’s continued sponsibility to preserve our national can inflame or soothe, and everyone sale of nuclear equipment to Iran, a security and the precious ideals of de- needs a restoration of calm and quiet blatant violation of the Nuclear Non- mocracy. The sacrifice of these Ameri- so as to create the best possible atmos- proliferation Act. cans on the altar of freedom will never phere for resumption of peace talks,’’ Instead of being open and honest be forgotten. May God bless their souls the UN General Assembly is presently with Congress about this high level na- and may God bless America. in an emergency session in which they tional security threat, GORE simply f will be considering, despite U.S. oppo- filed the letter away and kept silent. UNITED STATES IN THIRD YEAR sition, a resolution condemning Israel Mr. Speaker, America deserves an ad- OF IMPORT STEEL CRISIS regarding the ongoing violence in the ministration that will work with Con- Middle East. gress to protect the national security (Mr. MOLLOHAN asked and was As our U.S. Ambassador to the UN, interest of our Nation. given permission to address the House Richard Holbrooke, stated, ‘‘the Gen- Mr. Speaker, I yield back Mr. GORE’s for 1 minute and to revise and extend eral Assembly wants to beat up on flagrant disregard for our Constitution, his remarks.) Israel’’ once again. It sounds to me our security, and our country. Mr. MOLLOHAN. Mr. Speaker, what that it is similar to the UN’s ‘‘Zionism f happens when a crisis is not resolved, a is Racism’’ resolutions of old. Accord- crisis that is allowed to grow, both in COSPONSOR H. RES. 635, EXECU- ingly, I urge our colleagues to join in scope and intensity? In time, that cri- TIVE STEEL DEFENSE RESOLU- condemning this latest act of incite- sis will become a disaster. Such a time TION ment at the UN. is near at hand for our domestic steel f (Mr. VISCLOSKY asked and was industry. given permission to address the House We are in the third year of an import CHINA BOLDLY TRYING TO PICK for 1 minute and to revise and extend steel crisis. Our steel companies and OUR PRESIDENT his remarks.) workers are buckling under the weight (Mr. TRAFICANT asked and was Mr. VISCLOSKY. Mr. Speaker, I ask of unprecedented, record-breaking for- given permission to address the House all of my colleagues to consider co- eign imports, much of it illegal. Thou- for 1 minute and to revise and extend sponsoring House Resolution 635, the sands of our workers have been laid off. his remarks.) Executive Steel Defense Resolution. Six of our steel companies in the last 2 Mr. TRAFICANT. Mr. Speaker, news We currently have 205 cosponsors call- years have gone bankrupt. With this reports say a Chinese spokesman said, ing upon the President of the United year’s imports running higher than ‘‘America is our enemy, and we must States to initiate a section 201 trade ever, the continued existence of a via- prepare to fight them.’’ Now, if that is case to bring to an end illegally traded ble steel industry in this country is at not enough to infuriate Ronald steel in the U.S. domestic market. risk. Reagan, the spokesman further stated, Despite investing $35 billion to mod- The only way to avert such a disaster ‘‘China does not want to see George ernize, despite the loss of 240,000 jobs, is to cut imports, to reverse the trend Bush get elected.’’ He said, ‘‘Bush will despite cutting back capacity by 20 which is threatening an industry that support and bolster Taiwan, and Bush percent, despite doubling productivity is vital to our economy and our na- will, in fact, build a missile shield since 1983 because of collusion over- tional defense. around America, weakening China.’’ I seas, because of illegal dumping from That is why I join the gentleman say that is a compliment to George countries overseas, particularly during from New York (Mr. QUINN) in intro- Bush. the intervening time from 1998 until ducing the bipartisan Executive Steel Because think about it, last election, now, we have seen six bankruptcies of Defense Resolution. That is why I have China got away with funneling cash il- steel companies. We have seen an addi- joined the gentleman from Indiana legally to the Democratic National tional 6,000 steelworkers lose their (Mr. VISCLOSKY); the gentleman from Committee. No investigation. This jobs. We have seen capacity utilization Ohio (Mr. REGULA); the gentleman from time they are boldly trying to pick our decline from 90 percent to 75 percent. Ohio (Mr. NEY); the gentleman from President. Beam me up, Congress. It is We cannot afford to wait till the next West Virginia (Mr. WISE), from my time to mandate an independent inves- Congress. We cannot afford to wait for home State; the gentleman from Penn- tigation into this Chinese business. the next administration. I call upon sylvania (Mr. KLINK); the gentleman Mr. Speaker, I yield back the lessons President Clinton to immediately file a from Pennsylvania (Mr. MASCARA); and we should have learned at Pearl Har- section 201. the gentleman from Pennsylvania (Mr. bor. f DOYLE) in the bipartisan effort to achieve relief against disastrous steel f REMEMBERING COURAGEOUS import levels. NATIONAL SECURITY SAILORS ABOARD U.S.S. ‘‘COLE’’ We call on the President to initiate a THREATENED BY A LETTER (Mrs. FOWLER asked and was given 201 proceeding, Mr. Speaker. (Mr. GIBBONS asked and was given permission to address the House for 1 f permission to address the House for 1 minute and to revise and extend her re- minute and to revise and extend his re- marks.) EFFORTS TO REDUCE PUBLIC marks.) Mrs. FOWLER. Mr. Speaker, today DEBT AND PROTECT SOCIAL SE- Mr. GIBBONS. Mr. Speaker, here we we remember those courageous sailors CURITY AND MEDICARE HELD go again. The Clinton-Gore administra- aboard the U.S.S. Cole whose dedica- HOSTAGE BY ADMINISTRATION tion is illegally threatening vital na- tion and conviction to freedom and de- (Mr. HERGER asked and was given tional security interests of the Amer- mocracy cost them their lives. We permission to address the House for 1 ican public. honor the sacrifice of those who were minute and to revise and extend his re- This time the illegality involved a killed and pray for the speedy recovery marks.) letter written by Russian Prime Min- of those who were injured and for the Mr. HERGER. Mr. Speaker, our ef- ister Viktor Chernomyrdin to Vice families of all those brave Americans. forts to reduce public debt and protect October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10069 the Social Security and Medicare Trust CORRECTING ENROLLMENT OF Amendment offered by Mr. WALDEN of Or- Funds are being held hostage by the H.R. 2348, AUTHORIZING BUREAU egon: Clinton-Gore administration. OF RECLAMATION TO PROVIDE At the end of section 403, add the following new paragraph: COST SHARING FOR ENDAN- It has been 36 days since Congress ‘‘(2) OTHER CONSTRUCTION NOT VALID.— GERED FISH RECOVERY IMPLE- proposed locking away Social Security Nothing in this subsection is intended to or MENTATION PROGRAMS FOR and Medicare surpluses and dedicating shall be construed to create, affect, or imply UPPER COLORADO the existence or nonexistence of authority of 90 percent of the total surplus to pay- any federally recognized Indian tribe over— ing off the public debt; and still no re- Mr. WALDEN of Oregon. Mr. Speak- ‘‘(A) any other federally recognized Indian sponse from President Clinton and Vice er, I ask unanimous consent to take tribe; President AL GORE. from the Speaker’s table the Senate ‘‘(B) the members of any other federally concurrent resolution (S. Con. Res. 151) recognized Indian tribe; or There is a good reason they have not to make a correction in the enrollment ‘‘(C) any land in which any other federally responded. They want to overspend. of the bill, H.R. 2348, and ask for its im- recognized Indian tribe or any member of President Clinton has threatened to mediate consideration in the House. any other federally recognized Indian tribe has or is determined by the Secretary or a veto seven appropriations bills because The Clerk read the title of the Senate court of competent jurisdiction to have any he claims they do not spend enough. concurrent resolution. interest.’’. The SPEAKER pro tempore (Mr. BLI Vice President GORE’s budget proposal - The SPEAKER pro tempore. Is there spends the entire surplus and raids the LEY). Is there objection to the request objection to the request of the gen- Social Security Trust Fund. of the gentleman from Oregon? tleman from Oregon? There was no objection. There was no objection. The President and Vice President The Clerk read the Senate concur- f should put debt reduction and protec- rent resolution, as follows: tion of Social Security and Medicare S. CON. RES. 151 CHEYENNE RIVER SIOUX TRIBE ahead of spending and support the 90–10 EQUITABLE COMPENSATION ACT debt reduction plan proposed by the Resolved by the Senate (the House of Rep- resentatives concurring), That in the enroll- Mr. WALDEN of Oregon. Mr. Speak- Republican Congress. ment of the bill (H.R. 2348) entitled ‘‘An Act er, I ask unanimous consent that when to authorize the Bureau of Reclamation to proceedings resume on the unfinished f provide cost sharing for the endangered fish business of the motion to suspend the recovery implementation programs for the rules and pass the Senate bill (S. 964) REMEMBERING CHERONE LOUIS Upper Colorado and San Juan River Ba- sins.’’, the Clerk of the House of Representa- to provide for equitable compensation GUNN, KILLED ON U.S.S. ‘‘COLE’’ tives shall make the following correction: for the Cheyenne River Sioux Tribe, Strike section 4 and insert: and for other purposes, as amended, (Mr. COLLINS asked and was given that the amendment be deemed to in- permission to address the House for 1 ‘‘SEC. 4. EFFECT ON RECLAMATION LAW. ‘‘Specifically with regard to the acreage clude the corrections that I have minute.) limitation provisions of Federal reclamation placed at the desk. Mr. COLLINS. Mr. Speaker, on Octo- law, any action taken pursuant to or in fur- The Clerk read the title of the Senate ber 12, a terrorist bomb left, not only a therance of this title will not— bill. hole in the side of the U.S.S. Cole, but ‘‘(1) be considered in determining whether The SPEAKER pro tempore. The a district as defined in section 202(2) of the a hole in the lives of families and Clerk will report the amendment. Reclamation Reform Act of 1982 (43 U.S.C. The Clerk read as follows: friends of the 17 sailors killed by the 390bb) has discharged its obligation to repay blast. This is especially true of friends the construction cost of project facilities Amendment offered by Mr. WALDEN of Or- and family of 23-year-old Signalman used to make irrigation water available for egon: Strike Title IV of the bill and insert in- Seaman Recruit Cherone Louis Gunn. delivery to land in the district; ‘‘(2) serve as the basis for reinstating acre- stead— Seaman Gunn’s life was marked by age limitation provisions in a district that ‘‘TITLE IV—CONVEYANCE OF KINIKLIK service to family, friends, community has completed payment of its construction VILLAGE and Nation. His neighbors in Rex, obligations; or ‘‘SEC. 401. CONVEYANCE OF KINIKLIK VILLAGE. Georgia remember him for always ‘‘(3) serve as the basis for increasing the ‘‘(a) That portion of the property identified being available to help the local youth. construction repayment obligation of the in United States Survey Number 628, Tract district and thereby extending the period A, containing 0.34 acres and Tract B con- His passion to serve his community during which the acreage limitation provi- taining 0.63 acres located in Section 26, fueled his ambition to serve in law en- sions will apply.’’. Township 9 North, Range 10 East, Seward forcement. The Senate concurrent resolution Meridian, containing 0.97 acres, more or less, and further described as Tracts A and B Rus- His desire to serve his Nation was ex- was concurred in. A motion to reconsider was laid on sian Creek Church Mission Reserve accord- pressed by his decision to follow his fa- ing to U.S. Survey 628 shall be offered for a ther’s footsteps and join the Navy, the table. period of one year for sale by quitclaim deed where he would gain valuable experi- f from the United States by and through the ence which would help him enter law AUTHORIZING THE CLERK TO Forest Service to Chugach Alaska Corpora- enforcement upon the end of his tour of tion under the following terms: MAKE CORRECTIONS IN EN- ‘‘(1) Chugach Alaska Corporation shall pay duty. GROSSMENT OF H.R. 5308, FIVE consideration in the amount of $9,000.00; NATIONS CITIZENS LAND RE- ‘‘(2) In order to protect the historic values b 1615 FORM ACT OF 2000 for which the Forest Service acquired the land, Chugach Alaska Corporation shall Mr. Speaker, Cheron Louis Gunn al- Mr. WALDEN of Oregon. Mr. Speak- agree to and the conveyance shall contain ways sought to serve his country, er, I ask unanimous consent that in the the same reservations required by 43 CFR knowing the risk inherent in the mili- engrossment of the bill (H.R. 5308) to §§ 2653.5(a) and 2653.11(b) for protection of his- tary and in law enforcement. Yet he amend laws relating to the lands of the toric and cemetery sites conveyed to a Re- citizens of the Muscogee (Creek), Semi- gional Corporation pursuant to section did not shrink from making his com- nole, Cherokee, Chickasaw and Choc- 14(h)(1) of the Alaska Native Claims Settle- mitment. taw Nations, historically referred to as ment Act. I wish to offer my condolences to the ‘‘(b) Notwithstanding any other provision the Five Civilized Tribes, and for other of law, the Forest Service shall deposit the Gunn family. It may be inadequate purposes, the Clerk be authorized to proceeds from the sale to the Natural Re- consolation, but it is important to re- make the following correction that I source Damage Assessment and Restoration member that Seaman Gunn serves as a have placed at the desk. Fund established by Public Law 102–154 and bright example of the qualities of The Clerk read the title of the bill. may be expended without further appropria- honor and self-sacrifice which inspire The SPEAKER pro tempore. The tion in accordance with Public Law 102–229.’’. the men and women of our Armed Clerk will report the amendment. Mr. WALDEN of Oregon (during the Forces. The Clerk read as follows: reading). Mr. Speaker, I ask unanimous H10070 CONGRESSIONAL RECORD — HOUSE October 18, 2000 consent that the amendment be consid- Whereas United States national security presses the sympathies of the House of ered as read and printed in the RECORD. interests continue to require the forward de- Representatives to the families of The SPEAKER pro tempore. Is there ployment of elements of the Armed Forces; those crew members who were killed or Whereas the members of the Armed Forces objection to the request of the gen- wounded in the attack. are routinely called upon to perform duties What can you say? What can you do? tleman from Oregon? that place their lives at risk; There was no objection. Whereas the crew members of the U.S.S. How can you really express to the fam- The SPEAKER pro tempore. Is there COLE who lost their lives as a result of the ilies of these young men and women objection to the original request of the bombing of their ship on October 12, 2000, our profound sympathies and apprecia- gentleman from Oregon? died in the honorable service to the Nation tion for their commitment? There was no objection. and exemplified all that is best in the Amer- Mr. Speaker, as we meet today, hun- ican people; and f dreds of thousands of young Americans Whereas the heroic efforts of the surviving from all corners of our great Nation RECESS crew members of the U.S.S. COLE after the are serving in the military, overseas attack to save their ship and rescue their The SPEAKER pro tempore. Pursu- wounded shipmates are in the highest tradi- and here at home. They go about their ant to clause 12 of rule I, the Chair de- tion of the United States Navy: Now, there- daily duty quietly and without fanfare. clares the House in recess until 5 p.m. fore, be it Yet, until something like this happens, Accordingly (at 4 o’clock and 18 min- Resolved, That the House of Representa- we, as a Nation, tend to forget what utes p.m.), the House stood in recess tives, in response to the terrorist bombing they do every single day of the year to attack on the U.S.S. COLE (DDG–67) on Oc- until 5 p.m. uphold our values, to protect our free- tober 12, 2000, while on a refueling stop in dom and deter those who seek to do us f Aden, Yemen, hereby— harm. (1) honors the members of the crew of the b 1700 Mr. Speaker, we forget; freedom is U.S.S. COLE who died as a result of that at- not free. AFTER RECESS tack and sends heartfelt condolences to their families, friends, and loved ones. The resolution before us today appro- The recess having expired, the House (2) honors the members of the crew of the priately, I think, recognizes and honors was called to order by the Speaker pro U.S.S. COLE who were wounded in the at- the price of freedom paid by the mem- tempore (Mr. BLILEY) at 5 p.m. tack for their service and sacrifice, expresses bers of the crew of the U.S.S. Cole. We are free and secure as a Nation f its hopes for their rapid and complete recov- ery, and extends its sympathies to their fam- today because of all the men and HONORING MEMBERS OF THE ilies; women of our military who fought to CREW OF THE GUIDED MISSILE (3) commends the crew of the U.S.S. COLE gain our freedom and independence, in DESTROYER U.S.S. ‘‘COLE’’ for their heroic damage control efforts; and the very first instance during the Rev- (4) condemns the attack against the U.S.S. olutionary War, and have gone all over Mr. SPENCE. Mr. Speaker, I ask COLE as an unprovoked and cowardly act of unanimous consent that the Com- terrorism. this world in war and peace since that time defending that freedom, every mittee on Armed Services be dis- The SPEAKER pro tempore. The gen- day. People who are no longer with us, charged from further consideration of tleman from South Carolina (Mr. the resolution (H. Res. 631) honoring they have done it. SPENCE) is recognized for 1 hour. Mr. Speaker, I do not know. I think the members of the crew of the guided GENERAL LEAVE as we honor these today, who have paid missile destroyer U.S.S. Cole (DDG–67) Mr. SPENCE. Mr. Speaker, I ask the price for freedom, and their fami- who were killed or wounded in the ter- unanimous consent that all Members lies too, I think of all the others who rorist bombing attack on that vessel in may have 5 legislative days within have gone before too, who have paid Aden, Yemen, on October 12, 2000, ex- which to revise and extend their re- the price, with their lives, their limbs, pressing the sympathies of the House marks on H. Res. 631. their health, many were prisoners of of Representatives to the families of The SPEAKER pro tempore. Is there war, many are still missing in action, those crew members, commending the objection to the request of the gen- we should remember every single day ship’s crew for their heroic damage tleman from South Carolina? we live that the price of freedom has control efforts, and condemning the There was no objection. been paid by other people, so that we bombing of that ship, and ask for its Mr. SPENCE. Mr. Speaker, for the can be free today. immediate consideration in the House. purpose of debate only, I yield the cus- Mr. Speaker, I urge my colleagues to The Clerk read the title of the resolu- tomary 30 minutes to the gentleman support this resolution. tion. from Missouri (Mr. SKELTON), pending Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. Is there which I yield myself such time as I my time. objection to the request of the gen- may consume. Mr. SKELTON. Mr. Speaker, I yield tleman from South Carolina? (Mr. SPENCE asked and was given myself such 3 minutes. There was no objection. permission to revise and extend his re- Mr. Speaker, Members speak on this The Clerk read the resolution, as fol- marks.) floor for many reasons. We debate, we lows: Mr. SPENCE. Mr. Speaker, it is with advocate, we commemorate, we cele- H. RES. 631 a profound sense of sadness that I join brate. Whereas the guided missile destroyer my colleague, the gentleman from Mis- Today, though, I rise to give honor to U.S.S. COLE (DDG–67) was severely damaged souri (Mr. SKELTON), in offering this a crew of brave Americans, the crew of on October 12, 2000, when a boat bomb ex- resolution for consideration by the the U.S.S. Cole, and to give warning. ploded alongside that ship while on a refuel- House. I want to honor those who gave their ing stop in Aden, Yemen; Last Thursday, October 12, 2000, a lives or were wounded while serving Whereas the explosion resulted in a 40-by- small boat exploded alongside the their country in a distant port, far 45 foot hole in the port side of the ship at the U.S.S. Cole during a brief refueling stop away from home and in the cause of waterline and left seven of the ship’s crew dead, ten of who as of October 17, 2000, are in the port of Aden in Yemen. The furthering the national security inter- missing and presumed dead, and over three blast ripped a 40 by 45 foot hole in her ests of our country. I also want to dozen wounded; side, killing 17 sailors and wounding honor the surviving crew members, Whereas the U.S.S. COLE had stopped in some three dozen more. who stayed with the crippled ship and Aden for routine refueling while in transit This unprovoked and cowardly act of worked valiantly to recover their from the Red Sea to the Persian Gulf to con- terrorism was perpetrated against an wounded or missing shipmates and to duct forward maritime presence operations American warship while en route to repair the damage to their ship. in the Persian Gulf region as part of the the Persian Gulf to conduct maritime And while I say I speak to give them U.S.S. George Washington battle group; honor, truly it is they who honor us. Whereas the members of the United States operations in the legitimate pursuit of Navy killed and wounded in the bombing our national security interests abroad. They and the millions of others who were performing their duty in furtherance of The resolution before the House con- wear our country’s uniform, who honor the national security interests of the United demns this senseless act of violence America by their gift of service and States; against our military forces and ex- dedication. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10071 I also want to extend my deepest out to the deceased sailors of the I represent Navy country in south sympathies to the families and to the U.S.S. Cole. Texas, so we have a special perspective friends of those who perished in this Mr. SKELTON. Mr. Speaker, I yield 2 of their service and a loss in a hostile tragedy. Although I know they are sad- minutes to the distinguished gen- action. Two of the soldiers who lost dened by their loss, they should take tleman from Virginia (Mr. SISISKY). their lives in the insidious act of terror comfort in that their loved ones died Mr. SISISKY. Mr. Speaker, I thank were south Texas’ Specialist Third pursuing the most noble of callings, the gentleman for yielding me time. Class Ronchester Mananga Santiago of serving in the Armed Forces of the Mr. Speaker, you have just heard it Kingsville and Fireman Gary Graham United States. They should know that again. We said it last Thursday on this Swenchonis, Jr. of Rockport, Texas. we in Congress, and indeed the people floor; the world is still a very dan- Texas also lost Information Systems of this great Nation, are grateful for gerous place. Technician Seaman Timothy Lee their extraordinary service and sac- Many members of the Virginia dele- Gauna of Rice. rifice. gation last Saturday met with the fam- Two women from south Texas were Finally, Mr. Speaker, I rise today to ilies of the wounded and the deceased also on the ship, Elizabeth Sanchez give warning. Those who committed in Norfolk, and many of us in this body LaFountaine of Brownsville, who sus- this barbarous act are already being just returned from Norfolk where we tained a broken leg, and Esther judged beyond our capacity to review. attended services honoring those who Arriaga Hood of Corpus Christi, who is still aboard the Cole. But to those whose dark and craven gave their lives on the U.S.S. Cole. Texans are proud that our sons and hearts conceived it, hear this: While First, our condolences and prayers go out to the sailors who were hurt or daughters seek to serve a larger pur- you may walk free today in a sunshine pose by volunteering to serve in the you have denied so many others, so killed and their families. We will con- tinue to provide them with the best United States military service. It is, many families, so many communities, Mr. Speaker, a noble undertaking, but know simply and surely that you will care and assistance that we possibly can. it often means that those sons and be held accountable. daughters pay a heavy price to serve Our memory is long, our reach is no For all of us from Hampton Roads, the fact that the U.S.S. Cole’s home and protect the United States’ inter- less so. This outrage cost lives, Mr. ests. Speaker, and it left others in peril. We port is Norfolk, and I use the present tense, because that ship is coming Our hearts wrench at the thought of hear that this many men were hurt, or our neighbors answering the door to that many women were hurt. No, Mr. home, the fact that U.S.S. Cole is a Norfolk ship brought this terrible trag- see the drawn faces of naval officers Speaker. They are all American sail- there to deliver the most devastating ors, one and all, and an injury to any- edy a little closer to home. It reminds us how much these young news a parent can ever hear. one is an insult to America. This should bring home the reality of men and women in uniform really I do not doubt that such insult was all others that service in our military mean to us. They are our sons and our the goal of the perpetrators. But they today is a highly dangerous prospect should understand that they will pay a daughters, husbands and wives, fathers for our soldiers and sailors. price for this heinous act. Justice and and mothers, neighbors and friends. Just because we are not at war does Knowing what happened makes us the memory of those whose lives have not guarantee a level of safety for feel immeasurable pride in their lives, been lost demand no less. those who serve in our military. This Mr. SPENCE. Mr. Speaker, I yield 2 inconsolable grief for their deaths, and tragic incident has brought together minutes to the gentleman from Indiana gratitude for the homecoming of their the ship’s crew in a way no other expe- shipmates. Their ship made a sacrifice (Mr. BUYER). riences could, the way only sailors Mr. BUYER. Mr. Speaker, I rise in for which we feel an unbearable sense have seen and been in battle together support of this resolution. My heartfelt of loss. can understand. condolences go out to the families of In the Bible, when his friends died in These young people have learned to the men and women who were killed or battle, King David said: ‘‘They were be- depend upon each other in the after- wounded in this cowardly act, an act loved and pleasant in life, and in death math of this cowardly act. They that was despicable and premeditated. they were together; they were swifter worked tirelessly to save the U.S.S. This tragedy is a distressing re- than eagles, they were strong as lions.’’ Cole after the explosion. That is exactly what we say. minder though of how dangerous the Mr. Speaker, we mourn the young And now it is our responsibility to world has become since the end of the people who perished. We will hold up love and support their families, protect Cold War. As the unprovoked attack on those who were injured, and we will and defend their country, and honor the U.S.S. Cole demonstrates, the men continue to pray for the safety of men their memory forever. and women of the Armed Services are and women in uniform around the But those who survive may face the world. We offer our condolences to the exposed daily to very real threats of toughest challenge, and I want them to death, violence and destruction. For families. know that all Americans are deeply Mr. SKELTON. Mr. Speaker, I yield 2 these reasons, our men and women in grateful for their service to our coun- minutes to the distinguished gen- uniform, indeed, all Americans, must try. tleman from Hawaii (Mr. ABER- remain vigilant in the defense of free- Indeed, this world is still a very dan- CROMBIE), a member of the committee. dom and our interests. Equally impor- gerous place. (Mr. ABERCROMBIE asked and was tant, we must do everything we can to Mr. SKELTON. Mr. Speaker, I yield 2 given permission to revise and extend provide for our military personnel the minutes to the distinguished gen- his remarks.) resources necessary to protect them as tleman from Texas (Mr. ORTIZ), a mem- Mr. ABERCROMBIE. Mr. Speaker, it they defend our interests around the ber of the Committee on Armed Serv- is with deep admiration that I rise to world and that of our allies. ices. express gratitude and respect for the While these brave defenders of free- Mr. ORTIZ. Mr. Speaker, I rise today sacrifices given of the men and women dom will greatly be missed, their spirit with a heavy heart in support of House serving on board the U.S.S. Cole. and legacy lives on. It is their values Resolution 631, to honor the men and Speaking as the senior Democrat on and their beliefs of duty, honor, cour- women of the U.S.S. Cole. the Subcommittee on Military Per- age and commitment to God, country, sonnel of the Committee on Armed b family and our fellow men and women 1715 Services, I want to indicate that these that serve as an example for all of us to Mr. Speaker, I thank the gentleman men and women, like thousands of live and aspire. from South Carolina (Chairman other Americans across the world, vol- I urge the President to take appro- SPENCE) and the gentleman from Mis- unteered each and every day to defend priate action against the perpetrators souri (Mr. SKELTON), the ranking mem- and protect this Nation. Sadly, on Oc- once the investigation is concluded and ber, as well as the leadership, for mov- tober 12, several sailors of the U.S.S. to take appropriate measured response. ing rapidly and allowing the House of Cole paid the ultimate sacrifice in de- Mr. Speaker, I rise in strong support Representatives to speak to this impor- fense of our country while carrying out of this resolution, and my heart goes tant national moment. their duties. H10072 CONGRESSIONAL RECORD — HOUSE October 18, 2000 My heart and prayers are with these price of our greatness so often. This ever, at the memorial service this sailors’ friends, families and loved last week, we were able to see exactly morning, it was also reminded that we ones. what kind of price Americans have to sometimes forget the everyday sac- Despite the explosion that ripped pay for our greatness. San Diego has rifices that the families and the loved through the U.S.S. Cole and wounded some of the largest military installa- ones of our service members make each many members of the crew, these dedi- tions in the world, Mr. Speaker. In and every time their husbands, wives, cated sailors continue to defend their fact, it is the largest naval facility on sons, and daughters deploy. ship and rescue other wounded ship- the West Coast. We simply do not do enough for our mates. Their actions exemplify the per- San Diego is especially proud of our men and women in uniform and their severance of Americans and the finest military tradition; but this week, we families. I am moved by their strength tradition of our Armed Services. are grieving for the loss of our native under these difficult circumstances and I want to commend and pay tribute daughter, Lakiba Nicole Palmer. Ms. a difficult time and their commitment to these selfless Americans for their Palmer was only 22 years old and a sea- to the importance of their loved ones’ service and dedication and wish them a man recruit fresh out of boot camp. mission and service to their country. speedy recovery. She was looking forward to a bright In return for that strength, we can Mr. Speaker, terrible events such as new future and a challenging new ca- only offer them our prayers and our these put a face to patriotism. They re- reer. guarantees that our country will not mind us that those in uniform around Along with another woman, Seaman stop until we find the individuals re- the world are young men and women Palmer sadly are the first women sponsible for this horrific act of sense- from our towns and cities who volun- killed in a hostile action against an less violence and bring them to justice. teer in service to their country. Last American combat ship. Mr. Speaker, in closing, I fervently year, they graduated from high school Mr. Speaker, what is particularly believe we do not do enough for our down the street; perhaps they worked tragic for this family and to our com- men and women in uniform and for at the corner store. Today they un- munity is that she was looking so their families. Mr. SKELTON. Mr. Speaker I yield 2 flinchingly stare danger in the face much towards her service as an Amer- minutes to the gentleman from the with selfless dedication. ican sailor. She was an athlete at San This tragedy reminds us of the Diego High School in my district, Mr. Norfolk, Virginia, area (Mr. SCOTT). Mr. SCOTT. Mr. Speaker, I thank the human element of our armed forces and Speaker, and she was a member of the gentleman for yielding me the time. highlights the importance of maintain- all-academic team on the track in 1995. Mr. Speaker, I join my colleagues in ing a focus on those policies that best It was known that she was a fierce paying homage to the brave young serve these young patriots, our mili- competitor who always tried harder crew members of the U.S.S. Cole who tary personnel, and enhance the qual- than anyone else. made the ultimate sacrifice for their ity of their lives. Mr. Speaker, our hearts go out to the country, as well as those who are still Finally, this tragedy offers a window family of this young lady and our sym- missing and others who were injured into the composition of today’s mili- pathies to the family. And I just ask and, of course, the families of all of tary. I want to quote, Mr. Speaker, in every one of us to remember when we these fine sailors. conclusion, a piece from yesterday’s vote here in the House at what price Mr. Speaker, this is a particular Boston Globe: ‘‘The faces of the 17 sail- the freedom of representative govern- tragedy for Virginia, because the ors who were killed aboard the U.S.S. ment comes to and what a great re- U.S.S. Cole is home-based to the Nor- Cole by a terrorist bomb attack last sponsibility we have, not just to our folk Naval Base in Virginia. We were week are a portrait of today’s America, colleagues and our citizens, but also to honored to have the President of the a mosaic of colors of which the U.S. our men and women who stand in United States, the Secretary of De- military is justly proud. To call out harm’s way every day and every night. fense, the Secretary of the Navy, the their given names is to sing a contem- Mr. SKELTON. Mr. Speaker, I yield 2 Chairman of the Joint Chiefs of Staffs, porary chorus of ‘This Land is Your minutes to the distinguished gen- both of our United States Senators, as Land.’ Two of the casualties even rep- tleman from Texas (Mr. REYES), a well as all of the local congressmen in resent a grim kind of civil rights mile- member of the Committee on Armed Norfolk today for the memorial serv- stone: They are the first women killed Services. ice. in naval action.’’ Mr. REYES. Mr. Speaker, I thank the Mr. Speaker, while it is imperative Mr. Speaker, the crew of the U.S.S. Cole gentleman for yielding me the time that we take swift action to bring embodies what is great in AmericaÐour peo- and thank him for his leadership, as those responsible to justice, we must ple and their courage, dedication, commit- well as the gentleman from South not jump to hasty conclusions. We ment, and sacrifice. To the crew of the U.S.S. Carolina (Chairman SPENCE), at this should remember that after the Okla- Cole, their families, friends and loved ones, terrible tragic time for our country. homa bombing, an innocent man was thank you for your service to a most grateful Mr. Speaker, I rise in strong support arrested for that heinous act, simply nation. of H. Res. 631, honoring the crew of the because of his ethnicity. Mr. SPENCE. Mr. Speaker, I yield 21⁄2 U.S.S. Cole and extending our sym- When we determine who is respon- minutes to the gentleman from Cali- pathy to their families and their loved sible for this attack, we will remember fornia (Mr. BILBRAY). ones. My wife, Carolina, and I attended President Clinton’s frequent admoni- (Mr. BILBRAY asked and was given the memorial service held this morning tion that America takes care of its permission to revise and extend his re- for the brave sailors who have lost own. When we determine who is respon- marks.) their lives in this tragic and despicable sible, our response will make those who Mr. BILBRAY. Mr. Speaker, our act of terrorism. did it sorry they did it, and we will hearts go out and our prayers go out to All of our thoughts and our prayers cause others who might be thinking of the families of the 17 men and women are with them and their family mem- doing the same to change their minds. who were lost in this tragic incident in bers as they persevere under these very Mr. Speaker, all of the crew members the Red Sea. Coming from a naval fam- difficult times. My thoughts this morn- of the U.S.S. Cole are to be saluted for ily myself, born on a Navy base and ing, on a gray and somewhat drizzly their bravery and dedication to duties. raised with a father who went off to sea midmorning ceremony, were that we These casualties remind us that free- months at a time, I understand the simply do not do enough for our men dom is not free. Their service to our challenges that not only the active and women in uniform and for their Nation will long be remembered. duty personnel go through but also the families. Mr. SPENCE. Mr. Speaker, I yield 5 trials and tribulations of those who are It is truly unfortunate that it takes minutes to the gentleman from Cali- left behind, the families, the loved the loss of fine American men and fornia (Mr. ROHRABACHER). ones. women like these sailors to remind us Mr. ROHRABACHER. Mr. Speaker, I This is a great Nation that demands again of the dangers and sacrifices that gladly join my fellow colleagues in sup- great sacrifices to maintain its great- the men and women of our armed porting this commemoration and this ness, and I think we underestimate the forces face each and every day. How- resolution. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10073 I grew up in a military family. I re- American dead sailors, ‘‘does not com- commend the captain and the ship- member when I was a young boy, I was pare to the 100+ Palestinians who have mates aboard the U.S.S. Cole for the 10 years old, my father was stationed died in recent weeks where we have re- phenomenal job they did in saving that in Japan. We lived in a small enclave of mained silent.’’ magnificent vessel. military families. All the kids’ fathers I would suggest it is the job of this Mr. SKELTON. Mr. Speaker, I yield 2 were pilots, and one day the news came administration and of the State De- minutes to the distinguished gen- that the Chinese had shot down one of partment to care more about our tleman from Texas (Mr. FROST). our friend’s father’s plane, and I still American military personnel who give Mr. FROST. Mr. Speaker, I thank the remember the heartache and the crying their lives than it is to care about gentleman for yielding time to me. and the tears just as a little boy. things, tragic events that are going on Mr. Speaker, as we all know by now, I remember seeing that and won- overseas. If our military people give 17 sailors were either killed or are dering what it was all about. But this their lives for their country, they missing from the attack on the U.S.S. family would no longer have a father, a should expect that we will memorialize Cole. Information Systems Technician wife would no longer have a husband, them in a fitting way, and that this ad- Seaman Timothy Gauna, a constituent and there would be a vacant place ministration and that the State De- of mine from Rice, Texas, is among the around the Thanksgiving table and the partment will not get in the way be- missing. Like all the sailors aboard the Christmas tree. These sacrifices that cause of some far-flung event in an- U.S.S. Cole, he was serving his country our military people make, I do not other part of the world. bravely and honorably when this vi- think anybody knows the name of that This is an insult. This is an insult to cious attack took place. I join the Gauna family, and all the gentleman and many gentlemen like those brave people who gave their families of the missing sailors, in hop- him, men and women who have given lives. As we remember them today, let ing that they will soon be accounted their lives during the Cold War and us pass this resolution. Let us say our for. prayers for those families, and let us be since in order to protect our country. Immediately after the attack, Mr. very sincere in this effort. I am sorry They are truly heroes; and wherever Speaker, I had the chance to visit per- they go, whatever job there is in the that I had to read this State Depart- sonally with seaman Gauna’s family. I military, they know they are taking ment position here today, but I think spoke with a mother who is proud of the chance, the chance of giving their it is important for the American people her son’s courage and patriotism. I lives and leaving their own loved ones to know just what the attitude of this talked to various family members who alone in order to protect all of us and administration is toward our people admire Tim’s dedication to America. our loved ones. And how much greater who are defending this country and I do not know all the sailors on the tribute and how much greater sacrifice give their lives for us. U.S.S. Cole, Mr. Speaker, but I know and how much greater service can Mr. SKELTON. Mr. Speaker, I yield 2 the family of Seaman Gauna. They, there be than that? minutes to the gentleman from Penn- like all of the U.S.S. Cole’s sailors and sylvania (Mr. MURTHA), a distinguished b 1730 their families, have America’s grati- member of the Committee on Appro- tude and our prayers. So this resolution and the sacrifice of priations. I was moved by the memorial service the American sailors who perished and Mr. MURTHA. Mr. Speaker, I have a today in Norfolk that a number of us suffered injuries on the U.S.S. Cole is young sailor, a bosun’s mate, Richard attended. There the entire Nation something that we have to commemo- Ying, that was hurt severely aboard joined injured sailors, some fresh from rate. This represents the voice of Con- the U.S.S. Cole. My staff has talked to the hospital, their IVs still attached to gress, this resolution, in expressing our him several times. I tried to call and he their arms, in paying tribute to their condolences to the families of those he- was in rehabilitation. He is back home, fallen and missing comrades. roes who made the ultimate sacrifice and they expect him to be back in But our obligation to these brave for their country. Windber, Pennsylvania, by Friday. men and women is greater than that, Unfortunately, the official radio of The gentleman from Florida (Mr. Mr. Speaker. We must continue to be the United States government, the YOUNG) and I had anticipated trying to vigilant in the face of threats from ter- Voice of America, has been prevented go to visit the U.S.S. Cole over the rorists around the world. We must find by our State Department, this adminis- weekend just to see how it was going. the criminals responsible for this cow- tration, from doing the same thing All of us sympathize with the families ardly act, and they must be brought to that we are now doing in this resolu- who lost loved ones, and all of us feel justice. Make no mistake, Mr. Speaker, tion. badly about the ones that were wound- these terrorists will soon learn that On October 16, the State Department, ed. America responds quickly and force- in an official message to the Voice of But there is something else here that fully whenever we are attacked. America, denied approval of the Voice shows how good our troops are oper- The FBI has now more than 60 agents of America editorial that would have ating. It was marvelous. I went aboard in place investigating this attack, and been broadcast worldwide expressing the U.S.S. Roberts when it hit a mine. the Navy has assigned six U.S. war- the sorrow of the American people over It had a hole about the size of a bus in ships to Aden harbor to assist the the loss of our sailors, the damage done the side. This hole was even bigger, 40 U.S.S. Cole and its exhausted crew. to the U.S.S. Cole and the loss of life of feet. People do not realize how close it Mr. Speaker, every time anyone in our brave defenders. came to sinking. We are talking about uniform gets into a ship, a plane, or a I am submitting for the RECORD a a ship that was in the harbor in water tank, they risk their lives in defense of copy of this disgraceful State Depart- that was calm, and it almost sank. If it America. For that, we owe these great ment message to Voice of America say- had not been for the heroic effort of men and women of the United States ing that they cannot commemorate, this crew, actually using buckets to Armed Forces our most profound grati- cannot broadcast, this opinion about bail out the water, we would have prob- tude. They have it, Mr. Speaker, as our brave men and the sacrifice they ably lost that ship. well as the solemn promise that Amer- made. I will read that, for those who So I want to commend the men and ica stands with them always and every- are listening and are reading the CON- women that served on the Cole for the where. GRESSIONAL RECORD. phenomenal job they did in saving this Mr. SKELTON. Mr. Speaker, I yield 2 Mr. Speaker, this is from the State ship. All of us hate to see our men and minutes to the distinguished gentle- Department to a request from the women in harm’s way. We have respon- woman from Texas (Ms. JACKSON-LEE). Voice of America to have an editorial sibilities and we cannot withdraw from Ms. JACKSON-LEE of Texas. Mr. memorializing these brave Americans those responsibilities. But one thing Speaker, I thank the distinguished who gave their lives for us. for sure, that ship was saved by the ranking member and the chairman of It said: ‘‘This editorial will reach an dedication of the men and women who the committee for this resolution. audience that is caught up in violence served aboard the Cole. Mr. Speaker, this morning I joined in Israel and the Occupied Territories. I add my commiseration and sym- my colleagues to memorialize our fall- The 17 or so dead sailors,’’ that is pathy to the families, but I want to en and missing sailors of the U.S.S. H10074 CONGRESSIONAL RECORD — HOUSE October 18, 2000 Cole. What I am most reminded of, as I cate their lives to ensuring our freedom here Electronics Warfare Technician Second saw the humanity and love and respect in the United States. Class Kevin Rux, of Portland, North Dakota. permeating and moving throughout This morning was a moment of profound Mess Management Specialist Third Class that huge and enormously sad audi- grief for me as I joined the country in express- Ronchester Santiago, of Kingsville, Texas. ence, was the greatness of America. ing sadness, loss and resolve; and the cele- Operations Specialist Second Class Timothy The Chaplain who offered the invoca- bration of the lives of our fallen sons and Saunders, of Ringold, Virginia. tion reminded us that freedom is not daughters through love and prayers. It is im- Fireman Gary Swenchonis, Jr., of Rockport, free. This morning was a moment per- possible for me to describe the pain that the Texas. sonally of profound grief, for my State family members and the country bears over Ensign Andrew Triplett, of Mason, Mis- of Texas suffered great losses. But the this great loss. But I can speak of the love that sissippi. country suffered a loss, because these this Nation has for those who dedicated their Seaman Apprentice Craig Wibberley, of Wil- were bright and young and energetic lives to the Navy, and like the gladiators of liamsport, Maryland. and aspiring young people, none over old, took pride in their service to country, and They were the best America had to offer, for the age of 26. wore their patriotism as a shield so the world they took upon themselves an oath taken by So I join in the support of this reso- could sleep under a blanket of freedom. men and women from the beginning of time, lution, and I join this Nation in ex- As I think of our brave fallen soldiers, I am and that is the oath of service to country. pressing sadness, loss, and resolve. I reminded of a poem entitled Genuine Grace in For those of you who have caused this mis- celebrate the lives of these young peo- Command: ery, I assure you, this country will not rest until ple, some found, some still missing. Define for me a legend, a soldier of infinite you are found and brought to justice. The It is impossible to capture the pain of truth, define for me a soldier of valor, United States will not shy away from its com- the family members, mothers and fa- successful or obtuse? Enlighten me of mitment for ensuring peace, freedom and sta- thers, grandmothers and grandfathers, nobility, a birthright of kings and bility in the Middle East and around the world. aunts, uncles, cousins, sisters and queens? Fill all the pages of history Mr. SPENCE. Mr. Speaker, I am books, with stories forever sung! brothers who bear this great loss. But I pleased to yield 4 minutes to the gen- do believe we can speak today for this But while you regale nameless faces of glory, tleman from New York (Mr. GILMAN), times over and over again! I beg you re- the chairman of the Committee on Nation that gathers around and em- member the individuals, who’s honors I braces each other in time of trouble. now proudly present! International Relations. We must salute the Navy, along with (Mr. GILMAN asked and was given I speak here of soldiers with humility, yet permission to revise and extend his re- the entire military. These young sail- clearly a leaders. Quietly commanding, ors who dedicated their lives to the entirely through their presence within. marks.) Navy, and like gladiators of old, took Their desires were not for greatness, Mr. GILMAN. Mr. Speaker, I thank pride in their service to country, and simply the survival of team! Their goal the gentleman for yielding time to me. wore their patriotism as a shield so the not for fame or fortune, but to share Mr. Speaker, I want to commend the world could sleep under a blanket of their gift till the end! gentleman from South Carolina (Chair- freedom. Many times we are left with a memory, man SPENCE) and the ranking member, Mr. Speaker, I think it is important which overshadows us all! Many times the gentleman from Missouri (Mr. to say to those who have done this das- we are left and dishearten, wondering SKELTON), for introducing this impor- why we fought for the cause? tardly act that we have no fear, and tant resolution at this time. that those who would do this evil act, And yet here were soldiers who never ques- I am pleased to join in supporting tioned, the mission life had set them that we will find them and they will this timely bipartisan resolution con- on! Perhaps the greatest gift they gave demning the terrorist attack on the pay the appropriate price. We must be us was the understanding of truth! safe, but the only way that we are safe U.S.S. Cole and honoring its coura- I swear I can hear them saying, it’s simple geous crew and those who lost their is with these strong men and women the reason we fight. Freedom, liberty, who have offered themselves to protect integrity, these were given as our lives or were injured, and recognizing our freedom. birthright. the heroic efforts that were made to There is a poem, Mr. Speaker, that I We must fight to preserve what was given us, save this ship despite massive damage would like to offer, ‘‘Genuine Grace in even fight unmercifully to the end! to its hull. Command’’: We shall provide their tomorrow even their The terrorist attack on the U.S.S. ‘‘Define me a legend, better life! Let it not dishearten you, Cole, which was docked in Yemen for A soldier of infinite truth; the lack which they seem to know. refueling, reminds us all that despite Define for me a soldier of valor, successful or There will come a day when we are re- our best efforts, it is not always pos- obtuse, membered for what we had to show! sible to harden every U.S. target Enlighten me of nobility, To the sailors of the U.S.S. Cole who sac- abroad. A birthright of kings and queens. rificed their lives for us, you will be remem- It also highlights the need for in- Fill all the pages of history books with sto- bered for the sacrifice you showed the world. creased intelligence capacity in these ries forever sung. I pay tribute to our missing and lost U.S. I swear I can hear them saying: dangerous parts of the world. It is simple, the reason we fight: Sailors: Our U.S. embassy in Yemen is a high- Freedom, liberty, integrity, Electronics Technician Chief Petty Officer ly secure facility with substantial set These were given as our birthright.’’ Richard Costelow, of Morrisville, Pennsylvania. backs, making it hard to hit with ter- As I close, Mr. Speaker, in my salute Hull Maintenance Technician Third Class rorist bombs. The search for softer tar- to these fallen and missing heroes and Kenneth Clodfelter, of Mechanicsville, Virginia. gets is how the determined new terror- to their families, let me simply repeat Mess Management Specialist Seaman ists now operate as we harden more Psalm 23.4: Lakeina Francis, of Woodleaf, North Carolina. and more traditional U.S. diplomatic Information Systems Technician Seaman ‘‘Even as I go through the valley of targets abroad. the shadow of death, I will fear no evil, Timothy Gauna, from Rice, Texas. Greater intelligence efforts are es- Signalman Seaman Apprentice Cherone for Thou art with me.’’ sential as these ruthless terrorists Gunn, of Rex, Georgia. We in this Nation, we as a Congress, Seaman James McDaniels, of Norfolk, Vir- search for our soft underbelly. In this we as family members, we fear no evil, ginia. day of local criminal elements sup- for Thou art with us. Engineman Second Class Mac Nieto, of porting terrorist networks through col- Mr. Speaker, this morning I traveled to Nor- Fond Du Lac, Wisconsin. laboration in the drug trade, and in folk, Virginia where I took part in a memorial Electronics Warfare Technician Third Class supplying stolen vehicles, explosives, service with President Clinton, Defense Sec- Ronald Owens of Vero Beach Florida. and safe houses, we often overlook one retary Cohen, Attorney General Reno, Sec- Engineman Fireman Joshua Parlett, of key source of better intelligence on retary Danzi, Members of Congress from both Churchville, Maryland. terrorists; that is, the police in the the House and the Senate, members from all Seaman Apprentice Lakiba Nicole Palmer of tough regions such as the Middle East. the military branches, the sailors and family San Diego, California. We need better and closer coopera- from the U.S.S. Cole, the Norfolk Naval com- Fireman Apprentice Patrick Roy of Cornwall tion on the police front, both in fight- munity, to honor our fallen sailors who dedi- on Hudson, New York. ing the crime and terrorism from October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10075 abroad targeting our Nation, and we sick feeling across the entire country the White House Communications Of- need their help. about this senseless loss of life in a pa- fice and received the prestigious Na- Under Director Louis Freeh, the FBI thetic, cowardly terrorist act. tional Defense Service Medal. has been trying to help some moderate This feeling of sadness became much My heart goes out to the Costelow and friendly Arab nations get an inter- deeper when we learned that one of the family, his wife Sharla, and their three national law enforcement style type re- dead was one of our own. Kevin Shawn boys as well as to his parents and ex- gional police training at the police Rux from Portland, North Dakota. tended family. academy, the ILEA, off the ground in Kevin was 30 years old. He was an elec- Today we mourn this tragic loss, but the Middle East. These police schools tronic warfare technician, second class. we will never forget those who served help create the vital cop-to-cop rela- He was the son of a Navy man, the to protect the ideals we as a Nation tions and links on the ground that re- nephew of another Navy man, and he hold dear. sult in greater crime-fighting informa- was in his 11th year of service to our Mr. Speaker, it is particularly gro- tion and information-sharing with our country in the United States Navy. tesque that these young men and U.S. law enforcement entities, and es- Earlier, in the week, Kevin had called women killed and injured in this event pecially among the various regional his wife Olivia in Norfolk, Virginia to were in service of the greatest beacon police agencies. extend his love on their 10th anniver- of freedom ever in the history of the Washington bureaucratic inertia sary. He was halfway across the world, world, and that so often those who stalled these FBI efforts in the Middle serving his country. On his anniver- commit these acts of terrorism are in- East until our House Committee on sary, perhaps his last visit with Olivia, dividuals who themselves are victim- International Relations recently urged he extended his love in this fashion. ized by brutal leaders who, while keep- action on that initiative. Movement is We cannot really fully appreciate, ing their boot on the faces of the peo- now underway for a Middle East re- until a tragedy drives us to really ple of their countries, use the United gional police training school, costing think about it, the measure of commit- States as a scapegoat for the frustra- the taxpayer no monies to satisfy ment and sacrifice that the men and tion and the agony that their own peo- State Department bureaucratic con- women in our military make. I mean ple feel. Someday we will conquer this igno- cerns. they are some of our finest. They are in rance, and someday all of the peoples Another lesson from the U.S.S. Cole really up-close personal ways some of of the world will be free. Until that day attack is the need for prompt and ag- our very finest. comes, we will rely on the Richard gressive law enforcement response to Some of those who went to high Costelows of the world to protect us preserve evidence, to interview wit- school with Mr. Rux were quoted as saying, ‘‘He was a friendly, good stu- from those who live in ignorance. nesses, to pursue leads before the ter- Mr. SKELTON. Mr. Speaker, I yield 2 dent, wrestler, not a trouble maker, rorists and their followers flee to safe minutes to the distinguished gentle- havens. We must make certain that had his head screwed on straight.’’ His woman from California (Ms. SANCHEZ). those responsible are brought to jus- former wrestling coach was quoted as Ms. SANCHEZ. Mr. Speaker, I thank tice. saying, ‘‘Kevin was a tough little cook- the gentleman from Missouri (Mr. ie. He was all business. He was con- I am proud that our committee SKELTON), the ranking member of the played a key role in giving the FBI new sistent. He was always there. He knew House Committee on Armed Services commercial leasing authority for his role.’’ for yielding me this time. transport planes for a quick response Well, those observations of a high Mr. Speaker, I rise in support of to these kinds of attacks. school wrestling coach were very true House Resolution 631 in honor of the of his service to our country in the b 1745 crew members killed and wounded on Navy as well. He had his head screwed I commend our FBI, our diplomatic the U.S.S. Cole. on straight. He was always there. He As a member of the House Committee security and other agencies for their was a tough little cookie. on Armed Services, I am continually quick action to help secure facilities in What a tragedy for his wife and his impressed by the dedication to duty of Aden and the efforts to apprehend family. What a tragedy for us in North those serving in the armed services. those responsible for this heinous Dakota. What a tragedy for our coun- These young men and women volun- crime. try to have lost sailors the caliber of teer. They volunteer, and they put I want to again commend the authors Mr. Rux. their lives on the line to defend the of this resolution in bringing this issue So I ask that we in this time think freedoms that many of us take for to the floor today as our Nation honors and pray for the departed and their granted. the crew of the U.S.S. Cole. With all of families. They have served their coun- Last week, this Nation was reminded us working together, I am certain we try very well. of their sacrifice. Seventeen people can bring those responsible to justice Mr. SPENCE. Mr. Speaker, I yield 2 died, and 39 were injured serving for this attack and work to ensure that minutes to the gentleman from Penn- aboard the U.S.S. Cole when a cowardly we minimize the likelihood of any sylvania (Mr. GREENWOOD). act of terrorism changed their lives other similar attack in the future. Mr. GREENWOOD. Mr. Speaker, I forever and the lives of their families. Mr. SKELTON. Mr. Speaker, I yield 3 thank the chairman for yielding me This incident opens up old wounds minutes to the distinguished gen- this time. such as the 1983 bombing of the Marine tleman from North Dakota (Mr. POM- Mr. Speaker, today I rise to both cel- barracks in Lebanon that killed 241 and EROY). ebrate and mourn the loss of life of the 1996 bombing of the Khobar Towers Mr. POMEROY. Mr. Speaker, I thank those who carried our freedom and be- that killed 19. the gentleman for yielding me this liefs across the seas aboard the U.S.S. Our Nation is blessed with many vir- time. Cole. tues. Unfortunately, these incidents af- I think that, in this hour, it perhaps One of the 17 who died was 35-year- firm that none are as precious as the does us good to put aside for a minute old Richard Costelow who grew up in men and women who risk their lives in the geopolitical discussions advanced my county of Bucks County, Pennsyl- the service of this country. by the gentleman from New York vania. Richard attended Morrisville It has been said ‘‘For those who (Chairman GILMAN), my friend speak- High School, and he graduated in 1983. manned the battle line the bugle whis- ing before me, and concentrate instead As one of his teachers remembered pers low, and freedom has a taste and on the loss that we have suffered, me- him, Richard ‘‘gave 100 percent every price the protected never know.’’ morialize and honor the service of the day. That kind of kid doesn’t come Our hearts go out to the families of men and women of the U.S.S. Cole, and along too often.’’ the brave men and women we honor grieve with them the loss of their Richard joined the Navy in 1988 and today. They are now part of the soul of classmates. worked his way up to the ranks to elec- our great Nation. When the terrible news about this tronic technician, first class. As the Mr. SPENCE. Mr. Speaker, I yield 2 terrorist attack flashed across the tele- President mentioned at this morning’s minutes to the gentleman from Michi- vision sets of this country, we had a memorial service, he spent 5 years in gan (Mr. SMITH). H10076 CONGRESSIONAL RECORD — HOUSE October 18, 2000 Mr. SMITH of Michigan. Mr. Speak- We will win this fight, and we will do America. We have military personnel er, well, again, thanks to the gen- this united with many of our friends in dozens of cities and countries around tleman from South Carolina (Mr. across the globe. the world today performing important SPENCE) and the gentleman from Mis- All of my constituents and all my functions of keeping peace, allowing us souri (Mr. SKELTON), ranking member. colleagues again send our prayers to to have that forward presence and Seventeen young crew members in the families and our gratitude to all making sure that the world is stable. the U.S. Navy were serving their coun- the men and women in uniform. Sometimes I think we take that for try. In an instant, their lives were The SPEAKER pro tempore (Mr. BLI- granted as a nation, and it takes this taken as a result of this terrorist at- LEY). The Chair announces that the kind of incident to remind us that tack on the U.S.S. Cole. Of those killed, gentleman from South Carolina (Mr. these are human beings; that we have most were young. Most came from our SPENCE) has 71⁄2 minutes remaining. the responsibility to give them the typical American hometown. They all The gentleman from Missouri (Mr. proper benefits, the responsibility to left families and friends to mourn SKELTON) has 3 minutes remaining. give them the proper equipment, and them. My thoughts and prayers go out The gentleman from South Carolina the proper training. to those families and friends. We, as a (Mr. SPENCE) has the right to close. I agree with what the President has country, grieve with them. Mr. SPENCE. Mr. Speaker, I am been saying and what Governor Bush I feel, I think, some of this grief as I pleased to yield 3 minutes to the gen- has been saying and Vice President remember that day in 1957 when we re- tleman from Pennsylvania (Mr. Gore. We do have the best military in ceived word that my brother’s plane WELDON), chairman of the Sub- the world, and it is the best-trained had gone down, and he was killed. The committee on Military Research and military in the world. But I can tell my family is never quite the same. Development of our Committee on colleagues that I am concerned. We A senseless tragedy like this attack Armed Services. cannot cut our Navy back from 585 to on the U.S.S. Cole, I think, allows us to (Mr. WELDON of Pennsylvania asked 317 and keep the level of deployments reflect on all those military service and was given permission to revise and up. We cannot continue to have 35 de- members and their families who sac- extend his remarks.) ployments in 9 years all over the world rifice so much while serving this great Mr. WELDON of Pennsylvania. Mr. and not expect additional pressures country. Speaker, I thank the distinguished like what we have seen. Our brave men and women in all the chairman for yielding me time. I thank Mr. Speaker, there needs to be a full investigation of this incident, and branches of the armed services stand both the gentleman from South Caro- there needs to be a full accounting for ready to defend America, not only lina (Mr. SPENCE) and the gentleman those who perpetrated the act and the within our borders, but throughout un- from Missouri (Mr. SKELTON), our dis- predictable international waters and reasons why this act occurred. tinguished ranking member, for this But today we remember those brave lands. particular legislation. souls, those brave heroes, and I join Let us continually stand behind them I rise with a deep sense of sorrow with my colleagues in extending our and support them and humbly recog- shared by all of our colleagues on both warmest and deepest sympathy to the nize their sacrifices. I think too often sides of the aisle in remembering those families and loved ones of these brave we take their services for granted. We brave Americans who paid the ultimate sailors. I ask all of us in America to re- would not be enjoying the freedoms we price for the freedom and democracy flect on the importance of our military have now without the sacrifices of so that we enjoy. and make a renewed commitment in many during our great country’s his- It is appropriate, Mr. Speaker, that, honor of those brave 17 Americans and tory. during this time of reflection on the the entire crew of the Cole that we will I hope we will often remember how lives of these individuals, these young continue to provide the full support of important America’s military is to en- sons and daughters and mothers and fa- all Americans in providing the funding sure the freedoms and liberties we have thers, these young relatives of so many for an adequate military, for the proper in this country. families in America that have been quality of life, for proper health care, Again, my very sincere condolences taken away from us, that we reflect on and for all those other commitments go out to the family and the loved ones the value of our military and the role that America needs to make to its uni- of those service men and women who they perform every day of the year. formed personnel. had their life taken. May God help Mr. Speaker, we lost 17 brave Ameri- Mr. SKELTON. Mr. Speaker, I yield 1 them through this difficult time. cans. We lost dads who left kids. We minute to the gentleman from Guam Mr. SKELTON. Mr. Speaker, I yield 2 lost daughters who left behind moms (Mr. UNDERWOOD). minutes to the distinguished gen- and dads. We lost people who were in- Mr. UNDERWOOD. Mr. Speaker, I tleman from Connecticut (Mr. GEJDEN- volved in their community and charity thank the ranking member for yielding SON). events and church organizations. We me this time, and I rise in strong sup- Mr. GEJDENSON. Mr. Speaker, we lost future leaders of America. Perhaps port for this resolution introduced by all send our deep-felt thoughts to the even among them was a Member of the chairman of the House Committee families of those who are lost and in- Congress. I heard the President say on Armed Services and the ranking jured. Any of us who have military fa- today that one of the individuals actu- member. cilities in our districts know that the ally had worked at the White House, At a tragic time like this, it is im- daily sacrifice that the men and women helping with the computer system. portant to remember that freedom is in uniform give to this Nation is some- These were not just sailors. These not defended by ships or airplanes or thing that keeps us free and frankly were individuals who were destined to tanks, freedom is defended by people; keeps the world free. Without Amer- become a part of the American fabric, people from all walks of life and people ican service personnel, this world who were going to eventually assume from all around the country; people would not be a world filled with bur- their leadership role in both the mili- who are capable of doing individual geoning democracies. tary and also in civilian life. Trag- things and making their contribution But for those families whose tragic ically, they were cut down. to the Nation. These sailors who were loss by these cowardly terrorists, every victims of a very cruel and vicious act b 1800 Member in this Chamber, everyone in are amongst freedom’s best, are the administration will take every ef- I would ask our colleagues to remem- amongst America’s best. fort to make sure that they are caught ber the individuals that are being hon- Terrorist acts are supposed to inspire and punished. ored here tonight and the entire crew terror. I think that this resolution, I America is the leading force in the of the ship, and that we think about think the comments of many of the world for freedom, and often we are the the implications of having a Navy Members today, I think the sentiments leading target of the mad men of this where one-third of our ships are right of the American public, I think the world. They will not succeed. We will now deployed, and over one-half of moving memorial service earlier today join together with other freedom-lov- those ships underway steaming across indicates that America is anything but ing Nations, and we will end terrorism. the seas to distant lands to protect terrorized by this act. Instead, we are October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10077 galvanized to do the best that we can doing the great job they do to protect Mr. Speaker, we are gathered here on by our men and women in uniform, to this great Nation. this very solemn occasion to honor continue the policy of trying to extend As a member of the Permanent Se- these people who have paid the price freedom around the world and to pro- lect Committee on Intelligence, a few for our freedom. How can we honor tect it wherever it is threatened. days ago I received a briefing out at them? What can we say? What can we So today at this time I think we Langley, and I know that the intel- do? want to extend our deepest and sin- ligence community is working tire- I think one thing we can do as a Na- cerest condolences to the families and lessly, day in and day out, to follow tion is to assure those families of these again to pay tribute to these fine every lead to gather all the evidence young men and women, and the ones young Americans. and the facts so that we can find out who were injured and all the other Mr. SKELTON. Mr. Speaker, I yield who did this and make sure when we members of our armed forces today 11⁄2 minutes to the distinguished gen- find out that there is swift justice. We who are paying the price every day in tleman from Virginia (Mr. PICKETT), a will find the culprits and the cowards all kinds of ways all over this world. member of the Committee on Armed that inflicted this on our people, and The price for what? Freedom. Services. justice hopefully will be done soon. We have heard many of us use the Mr. PICKETT. Mr. Speaker, I thank Our prayers go to our service per- word freedom many times today. And the gentleman for yielding me this sonnel and to our intelligence and mili- some might wonder, what does that time. tary community to help us address this have to do with it? That is what it is Today, in Norfolk, Virginia, we were very serious situation. all about. These young men and women touched as a Navy family, community, The SPEAKER pro tempore (Mr. not only today but in the past who and Nation as we mourned the brave PEASE). The time of the gentleman served our country have not only given American sailors who paid the ulti- from Missouri (Mr. SKELTON) has ex- us our freedom but defended it every mate sacrifice on board the U.S.S. Cole pired. The gentleman from South Caro- day all over this world at great sac- in the name of liberty and freedom. lina (Mr. SPENCE) has 41⁄2 minutes re- rifice. Why is that freedom so impor- These men and women, our fathers and maining. tant? Without it, where would we be? sons, brothers and sisters, mothers and Mr. SPENCE. Mr. Speaker, I yield 1 Some wonder about some of us who daughters, were violently attacked as minute to the gentleman from Missouri are so strong for national defense, that they stood watch for their country. In- (Mr. SKELTON). is why. Freedom is so important. With- Mr. SKELTON. Mr. Speaker, I yield stantly, the promise and hope of 17 out freedom, we would not have the en- 30 seconds of that time to the gen- voices were forever quieted by an act of vironment necessary to consider all the tleman from New Jersey (Mr. AN- hate. Even now, the captain, officers, other problems we have in this country DREWS), a member of our committee. and crew of the U.S.S. Cole are working to deal with. First, we must have our (Mr. ANDREWS asked and was given freedom. In a free society we can then around the clock to save their ship. Let permission to revise and extend his re- there be no mistake, the United States go about dealing with the rest of our marks.) problems. But I never, never, never get condemns those responsible for these Mr. ANDREWS. Mr. Speaker, I thank acts and will relentlessly pursue the away from the fact that we, every day, the gentleman for yielding me this take for granted what other people be- attackers until their identity is known time, and let me extend my profound and justice is served. fore us over the years have done in giv- and personal sense of grief and appre- ing us and defending our freedom for us Sometimes, Mr. Speaker, in times of ciation to the families of those brave peace and prosperity, which we largely today who have not paid that price. Americans who served on the Cole. As I said earlier, I think every day enjoy today, it is easy to forget the Let me say this. I know these words we should honor people, not just one perils our men and women in uniform will be of little comfort to those who day every so often when these kinds of face each day. Our sailors, soldiers, air- have suffered such a great loss, but to things happen. We should every day men, and Marines put their lives on the those who question the character of pay honor to those who have given us line not just when they are deployed in the young people in America today, I our very freedom. harm’s way in the world’s volatile would say that we have a resounding Mr. GEPHARDT. Mr. Speaker, events are areas like those aboard the Cole, but answer. We had young people who were sometimes so horrible that words alone do not also each day as they train to get willing to enlist voluntarily in the fully describe the pain and sorrow that is in all ready for such missions. These brave service of their country and give their of our hearts. The tragedy aboard the U.S.S. Americans heard the call of duty to lives. They have done so with great Cole was just such an event. This act of cow- serve their country, and like all men honor. We are very proud of them, and ardice and malice against 17 Americans who and women in the service, the U.S.S. their families should know they have were simply doing their duty is beyond all rea- Cole answered that call to travel to far- given their lives nobly and will not be son. off lands to keep the peace and carry forgotten. These brave soldiers died in the line of duty, American ideals to places where they Mr. SKELTON. Mr. Speaker, I yield and the resolution before us honors those who are so desperately needed. Their brav- myself the balance of my time. so valiantly gave their lives in the service of ery is exemplary of the American spirit Mr. Speaker, it was the Roman ora- their country. and one reason the United States tor Cicero who once said that gratitude It is a simple gesture, but it is so necessary. serves as a beacon of hope and freedom is the greatest of all virtues. This Our fallen sailors are the true heroes of our to others around the world. morning in a ceremony next to the society. To these servicemen and women cou- U.S.S. Eisenhower at Norfolk, Virginia, They worked day after day and week after rageously serving their country, we say commemorating the lives of those 17 week to protect our nation from harm. They thank you. We will find these attackers sailors, feelings came to each of us; spent their time promoting peace in the world. and they will be brought to justice. feelings of sympathy for the families of They were symbols of American valuesÐde- Mr. SKELTON. Mr. Speaker, I yield those injured and those deceased, admi- mocracy, diversity, human tolerance and un- 30 seconds to the gentleman from Indi- ration for the sailors who carried on derstanding, opportunity and freedom. ana (Mr. ROEMER), who is a member of and saved their ship and did so well by Today, America is stronger because of your the Permanent Select Committee on doing their duty, and anger, anger at brave service overseasÐand the world is a Intelligence. those who perpetrated this deed. And better place because of your sacrifice. Mr. ROEMER. Mr. Speaker, I thank yet that anger will fade into deter- We say as a country that we will not let hei- my good friend on the Committee on mination to cause America to seek jus- nous acts of terrorism deter us from our mis- Armed Services for yielding me this tice. sion of peace in the Middle East and around time. I will repeat the words of Admiral the world. We will not rest until the people re- I know my entire State and my dis- Robert Natter, as he spoke during the sponsible for this crime are brought to justice. trict back home in Indiana send their ceremony: ‘‘All Americans should re- And we will not shrink from our duties in the thoughts and prayers not only to the 17 member. Remember the Cole.’’ worldÐwe will continue to maintain our pres- families but all our families that are Mr. SPENCE. Mr. Speaker, I yield ence and promote freedom, democracy, and present overseas today and tomorrow myself the balance of my time. better relations among all people. H10078 CONGRESSIONAL RECORD — HOUSE October 18, 2000 I want to extend my deepest sympathies to As often as I can, I offer my sincere appre- thorities, are working around the clock to find the victims' families. Our thoughts and prayers ciation and admiration to the men and women those who are responsible. I congratulate are with you. You, too, have made the ulti- who proudly serve in uniform on behalf of the them on their quick work so far and hope that mate sacrifice, and we as a country are for- United States of America. The efforts of these additional leads and arrests will be forth- ever in your debt. Our hearts and gratitude fine Americans, both in peacetime and in war, coming. also go out to the injured and their families not only have allowed this nation to achieve its Let those who conceived this brutal act, who have also suffered from this attack. stature as the greatest institution of democ- however, heed our words. America will not I salute the brave souls who fought to re- racy and liberty the world has ever known, but stand idly by as her young men and women claim their shipÐto save their vessel under have ensured the high level of security and are slaughtered by cowardly men in cowardly the most difficult, wrenching circumstances. prosperity we now know. acts. You will be found, you will be brought to They are a tribute to our armed forces and However, on this day we must sadly con- justice, and you will be punished. they embody the best values in our society. front the harsh reality that national security is Mr. Speaker, our resolve will not be affected Finally, I want to say, humbly, that America not without risk. Today we are reminded that by this attack. The United States will continue will never forget our fallen heros. We will al- our soldiers, sailors and airmen are, in fact, to work for peace and stability to the Middle ways honor the sacrifice you have made so our front line of defense in an unpredictable East, and we will continue to oppose those that others might live in peace. and sometimes dangerous world. We realize, who seek to deal in the currency of violence Mr. WATTS of Oklahoma. Mr. Speaker, I as is carved in granite at the National Korean and terror. rise in strong support of H. Res. 631, honoring War Memorial, ``peace is not free.'' Sometimes Mr. EVERETT. Mr. Speaker, I would like to our servicemen and women who were victims the cost of peace comes at a very high price. pay tribute to Petty Officer First Class Douglas of the terrorist attack on the destroyer U.S.S. The sailors of the U.S.S. Cole, those cruelly Hancock, a brave young sailor from Enterprise Cole. snatched from this Earth, those injured in the who was injured in the disgusting and cow- I was saddened and outraged by the cow- blast, and those still on board who bravely ardly act of terrorism that was the attack on ardly attack carried out against the U.S.S. worked to assist their mates and who continue the guided missile destroyer U.S.S. Cole Cole on October 12 off the Yemeni Coast. to struggle to maintain their ship, represent the (DDG±67). First and foremost, my thoughts and prayers noblest principles of our nation and of our his- In the early hours of October 12, 2000, a are with the families and friends of those who tory. worried Grady White called my office asking laid down their lives serving their country and Almost 140 years ago, when consecrating for my assistance in determining whether his representing the highest traditions of the the graves of Americans who gave their lives grandson was injured or killed in the attack. United States Navy. in the fields of Gettysburg, President Abraham Due to some confusion over who was listed As I sat and watched the television that dark Lincoln said: ``The world will little note nor long on Douglas' notification list, the Hancock fam- Thursday morning, I could not help but feel for remember what we say here, but we must ily was worried they might not be contacted. the loved ones of the fallen. I hope that time never forget what they did here.'' Few words The Navy did an admirable job keeping all the and reflection and God's healing hand can put ring as true through the ages, or as appro- families of the crew members of the U.S.S. their pain at ease. priate on this solemn day. Cole informed under the circumstances. How- The 17 sailors who perished and the over Today, my colleagues and I grieve and pray ever, when CNN ran footage of injured sailors three dozen wounded were carrying out a mis- with the families who lost loved ones on board being carried into the hospital, Mrs. Becky sion of vital national interest to America. They the Cole, and with the sailors recovering from Hancock, Douglas' mother, was both relieved were part of a carrier battle group that projects injuries sustained in the vicious attack. Our and worried when she recognized Douglas' our forward maritime presence by taking sta- nation's resolve to find those responsible for face as one of the injured sailors. tion in the Persian Gulf region. These brave this tragedy is strong, and our will to ensure Douglas Hancock suffered a broken jaw and Americans's knew they were going into a vola- justice is unbending. All Americans, across cuts from the explosion. He was one of the 37 tile region. They were made ever more aware this nation and at all points of the globe, must injured. He was not among the seven con- of their situation as fighting broke out between never forget the ultimate sacrifice of these firmed dead or the ten missing and presumed the Israeli government and Palestinians. How- men and women and of their families. But, I dead. He is going home to his close-knit fam- ever, members of our armed forces are regu- submit, each of us must also strive to better ily and friends. larly called upon to carry out their assignments remember and honor the acts of bravery and I salute Petty Officer Douglas Hancock and that place them in harms way. Still, when even sacrifice our men and women in uniform com- the rest of the U.S.S. Cole's crew for their one American dies in the line of duty, it is a mit each and every day. time for reflection and sorrow. Mr. GREEN of Texas. Mr. Speaker, I rise bravery and service to our nation. The heroic damage control efforts of the today to mourn the brave young men from Mr. HORN. Mr. Speaker, it is with great sad- U.S.S. Cole's crew after the explosion saved Texas who died in last week's attack against ness that we honor the brave young men and not only the ship, but lives. After the blast that the U.S.S. ColeÐRonchester M. Santiago of women who lost their lives in last week's ripped a 40 by 45 foot hole in the port side of Kingsville, Timothy L. Gauna of Rice, and shocking attack on the U.S.S. Cole in the Port the ship and exploded windows on land, the Gary G. Swenchonis, Jr. of Rockport. of Aden, Yemen. This terrorist attack provides crew was able to maintain composure and These young men, none older than 26, were us with another painful reminder that the stop the flooding. I can only image what it pillars of their communities who joined the United States military must always remain vigi- must have taken for a sailor aboard to see the U.S. Navy to serve their country and protect lant in a world often hostile to our country's in- havoc but still have the courage and presence our national security. Specialist Third Class terests. of mind to do their duty by sealing off the bulk- Santiago, a cook aboard the Cole, was re- Our military is constantly threatened by en- heads and evacuating the injured. membered as an excellent student and well- emies of peace throughout the world. From The terrorists that carried out this cowardly respected by his peers. peace-keeping operations in the Balkans, to mission perished in the blast, but there are nu- Seaman Gauna, an information systems preventing communist aggression on the Ko- merous responsible parties that financed, technician, was a standout on his high school rean Peninsula, to keeping a cautioned eye on trained, and planned the attack. Our govern- basketball and baseball teams. He also served the increasing turmoil in the Middle EastÐour ment must locate these perpetrators and bring as a bilingual teacher's aide at a local elemen- military is spread disturbingly thin. In order to them to justice no matter where they are in tary school after graduation, before joining the deter our enemies and protect the lives of our the world as soon as possible. Navy. courageous servicemen and women, Con- America must always be vigilant for those Fireman Swenchonis, who had not joined gress must continue to make every effort to who wish to do harm to our troops and citi- the Navy until January 1999, was remembered strengthen our armed forces' ability to stop zens. We must never let those who harm U.S. as a good student, always willing to volunteer these types of attacks from happening in the citizens go unpunished. However, America will or lend a helping hand. first place. not be deterred by this act from carrying out They are just three of the 17 sailors killed or This tragedy also reminds us that though we missions that are vital to our national interests presumed dead in this despicable act of ter- are living in an era of relative peace and pros- in the region. rorism. Our sympathies are with the families of perity, we must never take it for granted. Mr. KIND. Mr. Speaker, I join my colleagues those sailors, along with the families of the in- America would not be free today without the in honoring the entire crew of the U.S.S. Cole, jured, including Kesha Stidham of Austin, who sacrifices of the brave individuals who choose and in offering my heartfelt condolences to the lies in critical condition. to serve our country for many reasons, but families of those sailors who gave their lives in As the Navy continues to recover its dead, who all share the risk and sacrifice this service service to their country. the FBI, along with military and Yemeni au- brings. The men and women of our armed October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10079 forces exemplify personal courage by facing It was an honor to assist three families from their lives in defense of America. For that, we fear, danger and adversity every day. And my District as they waited to hear news on owe the great men and women of the United they carry out their duties with honor, integrity, their loved ones. Fortunately, the families and States Armed Forces our most profound grati- and respect. friends of Petty Officer Kevin Benoit of Cairo, tude. They have it, Mr. Speaker, as well as Our hearts, and our prayers, go out to the NY, Ensign & Deck Division Commander the solemn promise that America stands with families of the young men and women killed in Gregory McDearmon of Ballston Lake, NY, themÐalways and everywhere. Yemen, and to all American military men and and Chief Petty Officer Charles Sweet of Mr. LEWIS of California. Mr. Speaker, when women serving our nation all over the world. Broadalbin, NY, after hours of waiting, re- we are confronted by the despicable, cowardly Their sacrifice and their spirit call upon each ceived word that their loved ones were safe. attack on the U.S.S. Cole during a simple re- generation of Americans to recognize and ap- It is important that we always remember that fueling stop in a troubled port, our first reac- preciate those who pay the ultimate price for these brave men and women are serving our tion is anger and a desire to punish those who our nation's freedom. We will always remem- Nation and we should pay tribute to them. are responsible. ber and honor their sacrifice. These sailors have made the ultimate sacrifice But today I believe we should put those Mrs. KELLY. Mr. Speaker, almost a week in service to their country. This is a loss felt thoughts aside and consider instead on the ago, people all over the world awoke to the by the entire nation. sacrifice made by those members of the news of a terrorist strike against one of our This tragedy highlights the constant dangers Cole's crew, and reflect on how our countryÐ naval ships. Like countless other Americans, I faced by our armed forces around the world. and the entire worldÐdepends on such sac- was stunned by the early reports. Over the Our country must remain vigilant in protecting rifices by all our men and women in uniform next several hours and days, the gravity of the them from future terrorist or other attacks. Our around the globe. situation became clearer. The Navy has re- government must work diligently to protect and These crew members put themselves at risk ported that seventeen sailors were killed by provide aid to those who are injured and work to bring peace to a region that could self-de- this blast and another 33 were injured. Today, with the families who are going through a pe- struct at any time if our warships were not I join many with my colleagues in rising to riod of grieving. present. The U.S.S. Cole was in Yemen, a na- honor these men and women who gave their Again, Mr. Speaker, our prayers go out to tion with a history of antagonism to the United lives to protect our nation and all she stands the sailors, their families and friends. States, to help establish a new relationship of Mr. FROST. Mr. Speaker, last Thursday a for. trust and friendship. They put their lives on the Today, the families of those lost honored terrible and cowardly act of terrorism was line not only to keep the peace, but spread its them at a memorial service in Norfolk, Vir- made against America and our armed forces. benefits. ginia, the Cole's home port. Throughout the The U.S.S. Cole, which had entered the Yem- The force of the explosion gouged a 40- ceremony we were reminded of the sacrifice eni port of Aden, was blindsided by a small foot-by-40 foot hole in the side of the Cole. If boat in a group helping to moor the ship for this attack had occurred to a ship of almost by not only those in uniform, but their families refueling. The boat was loaded with explosives any other navy in the world, the ship would as well. Unfortunately this sacrifice is often for- and blew up alongside the U.S.S. Cole. have sunk with many lives lost. But the Cole's gotten, but it is never unappreciated. It is truly Mr. Speaker, 17 sailors were either killed or crew showed the intense training, high skill an extraordinary person who is willing to com- are missing from the blast, and 39 were in- level and sheer determination that we have mit to this type of service and dedicate his/her jured. come to expect of all of America's armed life to something larger than him/herself. It is Information Systems Technician Seaman forces. Twice in three days they contained the an individual's commitment to the service of Timothy Gauna, a constituent of mine from damage, keeping the ship afloat and saving this country that we are reminded of as we Rice, Texas, is among the missing. Like all the many of their injured colleagues. mourn those who gave their lives. My own dis- sailors aboard the U.S.S. Cole, he was serv- Because of the unselfish dedication of trict also suffered the loss of a loved one in ing his country bravely and honorably when Americans like those on the U.S.S. Cole, the this attack. Patrick Roy, a onetime resident of this vicious attack took place. I join the Gauna United States is one of the few nations in his- Cornwall on Hudson, New York was a Fire- family, and all the families of the missing sail- tory that can reduce military tensions any- man Apprentice on the U.S.S. Cole, and I ors, in hoping that they will soon be accounted where simply with the presence of our war- offer my deepest sympathies to his friends for. ships. The hearts of peace-loving people and family. Immediately after the attack Mr. Speaker, I around the world are lifted at the sight of a I want to applaud the efforts of the remain- flew down to North Texas to visit Seaman U.S. Navy ship steaming into port. And sadly, der of the Cole's personnel who did their job, Gauna's family. There, I spoke with a mother the angry dreams of those who would disrupt manned their stations and saved their ship who is proud of her son's courage and patriot- the peace focus on destroying those peace- even while they knew that they had suffered ism. And I talked to various family members keepers, as well. the possible terrible loss of shipmates and who admire Tim's dedication to America. The crew of the U.S.S. Cole knew that they members of their naval family. I do not know all the sailors on the U.S.S. could be in danger in an unsettled region, and The United States military has served as lib- Cole, Mr. Speaker, but I know the family of would not be deterred from performing their erator and protector and has provided a Seaman Gauna. TheyÐlike all of the U.S.S. duty as our front-line peacekeepers. We are source of hope for millions around the world in Cole's sailors and their familiesÐhave Amer- aware that there are those who will go to any times of peace and in war. While it may be of ica's gratitude, and our prayers. extreme, including trying to sink the Cole, in a little solace to those who have lost a loved That's why I was so moved by the memorial desperate effort to undermine America's com- one, the men and women of the Cole who service today in Norfolk, Virginia. There, the mitment to bring peace to this war-torn part of gave their lives in an effort to serve as a pro- entire nation joined injured sailorsÐsome the world. When the attack came, the crew of tector will remain beacons of hope and will be fresh from the hospital, their IV's still attached the Cole would not allow their ship to sink. remembered as heroes. My deepest condo- to their armsÐin paying tribute to their fallen Our nation is deeply saddened by the loss lences go out to all of the friends and families and missing comrades. of the brave men and women who gave their who have lost a loved one in this cowardly at- But our obligation to these brave men and lives so that peace may spread around the tack. women is greater than that, Mr. Speaker. We world. But we say to the enemies who would Mr. SWEENEY. Mr. Speaker, today I com- must continue to be vigilant in the face of attack us in the hopes of spreading war: Look mend the valiant sailors of the U.S.S. Cole threats from terrorists around the world. We carefully at the lesson of determination that is and to express my deepest condolences to must find the criminals responsible for this the U.S.S. Cole. We will not be deterred. the families and loved ones who suffered cowardly atrocity, and they must be brought to Mr. THOMPSON of California. Mr. Speaker, losses due to an act of terrorism. justice. I join Chairman SPENCE and Ranking member On October 12, 2000, the Navy family suf- Make no mistake, Mr. Speaker, these terror- SKELTON, and all Americans, in honoring the fered a tremendous loss, when the U.S.S. ists will soon learn that America responds crew of the U.S.S. Cole and expressing the Cole fell victim to terrorism while attempting to quickly and forcefully whenever we are at- nation's sympathies to the families of those refuel at the Port of Aden in Yemen. My heart tacked. The FBI now has more than 60 agents killed or injured. continues to go out to the families and friends in place investigating this attack and the Navy Like my colleagues, I was struck by the of the American sailors who were killed, in- has assigned six U.S. warships to Aden har- photographs of the 17 sailors killed or pre- jured or are still missing. I comment our val- bor to assist the U.S.S. Cole and its ex- sumed dead that appeared in the newspapers iant sailors who responded quickly to this trag- hausted crew. in the days following the terrorist attack edy, minimizing casualties and damage to Mr. Speaker, every time anyone in uniform against the Cole. Even the eldest of themÐ their ship. gets into a ship, a plane, or a tank, they risk aged 35Ðdied all too young. H10080 CONGRESSIONAL RECORD — HOUSE October 18, 2000 As has been stated elsewhere, the photos God's comfort for their families, and may God in life, we shall honor and protect the memory put faces to the phrase ``in harm's way.'' Par- bless an America that is more resolute that of their sacrifice by standing firm against this ticularly young faces. ever to preserve the peace! type of senseless violence. The phrase is also part and parcel to an- Mr. DOOLEY of California. Mr. Speaker, I Mr. SPENCE. Mr. Speaker, I yield other: ``doing one's duty.'' rise today to honor the brave American sailors back the balance of my time. We know from service members that the aboard the U.S.S. Cole whose lives were The SPEAKER pro tempore. Without phrase ``doing one's duty'' is more than a taken off the coast of Yemen on October 12, objection, the previous question is or- combination of words. It is also reflective of a 2000. I would like to express my deepest sym- dered on the resolution. spirit, a commitment, a calling that attracts the pathies to the sailors' families during this dif- There was no objection. very best of our youth to military service. ficult time. The SPEAKER pro tempore. The And it is not a phrase not taken lightly. We will never forget the sailors and the sac- question is on the resolution. The crew of the U.S.S. Cole is but one of rifice they have made for our country. It is The question was taken; and the hundreds of units of men and women de- through their courageous service that all Speaker pro tempore announced that ployed around the world. Each knows the risk Americans are allowed to live in freedom. the ayes appeared to have it. of such service. Each also knows of the con- I would also like to honor the other sailors Mr. SPENCE. Mr. Speaker, on that I tribution they make to our nation's defense aboard the U.S.S. Cole, both those injured demand the yeas and nays. and the defense of freedom around the world. and non-injured. This tragedy should be a re- The yeas and nays were ordered. But, all too often, the contribution and sac- minder to all Americans that on a daily basis The SPEAKER pro tempore. Pursu- rifice these men and women make is taken for our men and women serving in the military are ant to clause 8 of rule XX, this 15- granted. Too often, we have only assembled continually putting their lives on the line for our after a tragic incident like the bombing of the minute vote on House Resolution 631 country in many parts of the world. Even in Cole to belatedly express our appreciation and will be followed by several 5-minute times of relative peace, the potential dangers thanks. votes on motions to suspend the rules Let us resolve to thank the men and women faced by our service members never cease to that were debated yesterday. of our Armed Forces everyday for their dedi- exist. The vote was taken by electronic de- cation, sacrifice, and courage. And let us re- This horrible incident is of particular concern vice, and there were—yeas 386, nays 0, member 17 members of the crew of the to me because my District is home to Naval not voting 46, as follows: U.S.S. Cole for making the ultimate sacrifice. Air Station, Lemoore. Men and Women in my [Roll No. 531] To their families and friends, we assure you district proudly serve their country and bravely YEAS—386 confront serious dangers. I know that the trag- that their memory will not be forgotten. And Abercrombie Clyburn Gibbons the values for which they gave their lives will edy aboard the U.S.S. Cole evokes a painful Ackerman Coble Gilchrest be forever cherished, honored and protected. reminder of these dangers to all military fami- Aderholt Coburn Gillmor Ms. EDDIE BERNICE JOHNSON of Texas. lies. My thoughts are with the Navy families in Allen Collins Gilman Andrews Combest Gonzalez Mr. Speaker, I rise to honor the sacrifice and my district who are mourning the loss of their Archer Condit Goodlatte the memory of the crew of America's guided fellow service men and women. Armey Cook Goodling missile destroyer U.S.S. Cole who were killed I am hopeful we will find those who were re- Baca Cooksey Gordon sponsible for this cowardly act and hold them Bachus Costello Goss or wounded on October 12 as a suspected Baird Cox Granger terrorist bomb ripped through the ship's hull. accountable. We owe it to the lost sailors and Baker Coyne Green (TX) The State of Texas mourns the loss of three their families. Baldacci Cramer Green (WI) of its sons: Fireman Gary Graham Today, as the families and friends of the vic- Baldwin Crane Greenwood tims come together in Norfolk, Virginia to Ballenger Crowley Gutknecht Swenchonis, Jr. of Rockport, TX; Information Barcia Cubin Hall (OH) Systems Technician Timothy Guana of Rice, honor their loved ones, I would like to offer my Barr Cummings Hall (TX) TX; and Petty Officer 3rd Class Ronchester condolences and prayers. They will not be for- Barrett (NE) Cunningham Hastings (FL) Santiago of Kingsville, TX. We Texans add gotten. Bartlett Danner Hastings (WA) Ms. PELOSI. Mr. Speaker, I rise to extend Barton Davis (FL) Hayes our sadness and pride in our Nation to the Bass Davis (IL) Hayworth family of Americans in saluting the honor and my heartfelt support for House Resolution 631, Bentsen Davis (VA) Hefley valor of all seventeen patriots and the remain- honoring the crew of the U.S.S. Cole. Today Bereuter Deal Herger on a gray and sad day in Norfolk, Virginia and Berkley DeFazio Hill (IN) ing crew of the U.S.S. Cole. Berman DeGette Hill (MT) The Nation especially grieves the loss of our around the country, our nation mourns the Berry DeLauro Hilleary first female sailors killed in hostile action loss of life and celebrates the service of sail- Biggert DeLay Hilliard aboard a U.S. combat ship. It is important to ors on the U.S.S. Cole. Bilbray DeMint Hinchey My thoughts and prayers go out to the fami- Bilirakis Deutsch Hinojosa acknowledge that this historic sacrifice was Bishop Diaz-Balart Hobson made by two African American women. lies of the seventeen sailors killed, and the Blagojevich Dickey Hoeffel Lakeina Monique Francis of Woodleaf, North thirty six injured in the terrorist bombing attack Bliley Dicks Hoekstra Carolina, a 19 year-old Mess Management off the coast of Yemen. Our nation owes a Blumenauer Dingell Holden Blunt Dixon Holt Specialist Seaman, followed in her father's profound debt of gratitude to these proud sail- Boehlert Doggett Hooley footsteps to serve her country in the Navy. ors who lost their lives or suffered injury de- Boehner Doolittle Horn Lakiba Nicole Palmer of San Diego, California fending the American people and the values of Bonilla Doyle Hoyer freedom and democracy on which our nation Bonior Dreier Hulshof was a 22 year-old Seaman Recruit. History Bono Duncan Hunter will record their sacrifice as a milestone of stands. Borski Dunn Hutchinson great proportions. For today, there can be no I extend my deep admiration to the entire Boswell Edwards Hyde doubt that America's sons and America's crew of the U.S.S. Cole for the bravery and Boucher Ehlers Inslee Boyd Ehrlich Isakson daughters will lay down their lives for freedom professionalism they displayed in caring for Brady (PA) Emerson Istook and peace around the globe. I urge this Con- their wounded and stabilizing their ship. This Brady (TX) Engel Jackson (IL) gress to resolve that as this story is written tragedy underscores the commitment and sac- Brown (OH) Eshoo Jackson-Lee rifice of our nation's fighting men and women Bryant Etheridge (TX) and retold, the names of these women must Burr Evans Jefferson not be forgotten as has too often been the who put their lives in danger on a daily basis Burton Everett Jenkins case for the legacy and sacrifice of African for the security of our country. Buyer Ewing John American women throughout our Nation's his- This attack was an unconscionable act of Callahan Farr Johnson (CT) Calvert Filner Johnson, E.B. tory. cowardice and those responsible will be Camp Fletcher Johnson, Sam I stand with my colleagues to offer sincere sought out and swiftly brought to justice. The Canady Foley Jones (NC) condolences to every loved one who survives United States will stay the course, acting as Cannon Ford Kanjorski each of the seventeen patriots we honor the leading force of stability and freedom in Capps Fossella Kaptur Capuano Fowler Kelly through this resolution. Their supreme sac- the fight against terrorism. Carson Frank (MA) Kildee rifice compels us to live for peace and redou- We will not be bowed or intimidated by this Castle Frelinghuysen Kilpatrick ble our efforts to broker a lasting Middle East attack, as will carry the memory of the U.S.S. Chabot Frost Kind (WI) Cole in our hearts to strengthen our resolve Chambliss Gallegly King (NY) peace with the strongest determination. Clay Ganske Kingston Mr. Speaker, on this occasion, I pray God's and continue the struggle for world peace. Clayton Gejdenson Kleczka blessing on the memories of these sailors, Just as these seventeen sailors protected us Clement Gekas Knollenberg October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10081 Kucinich Oberstar Simpson ANNOUNCEMENT BY THE SPEAKER Frank (MA) Lofgren Royce Kuykendall Obey Sisisky Frelinghuysen Lowey Rush LaFalce Olver Skeen PRO TEMPORE Frost Lucas (KY) Ryan (WI) LaHood Ortiz Skelton The SPEAKER pro tempore (Mr. Gallegly Luther Ryun (KS) Lampson Ose Slaughter Ganske Maloney (CT) Sabo Lantos Owens Smith (MI) PEASE). Pursuant to clause 8 of rule Gejdenson Maloney (NY) Salmon Largent Packard Smith (NJ) XX, the Chair will now put the ques- Gekas Manzullo Sanchez Larson Pallone Smith (TX) tion on each motion to suspend the Gibbons Markey Sandlin Latham Pastor Smith (WA) rules on which further proceedings Gilchrest Martinez Sanford LaTourette Paul Snyder Gillmor Mascara Sawyer Leach Payne Souder were postponed on Tuesday, October 17, Gilman Matsui Saxton Lee Pease Spence 2000, in the order in which that motion Gonzalez McCarthy (MO) Scarborough Levin Pelosi Stabenow was entertained. Goodlatte McCarthy (NY) Schaffer Lewis (CA) Peterson (MN) Stark Goodling McCrery Scott Lewis (GA) Peterson (PA) Stearns Votes will be taken in the following Gordon McDermott Sensenbrenner Lewis (KY) Petri Stenholm order: Goss McGovern Serrano Linder Phelps Strickland H. Con. Res. 415, by the yeas and Granger McHugh Sessions LoBiondo Pickering Stump nays; Green (TX) McInnis Shadegg Lofgren Pickett Sununu Green (WI) McIntyre Shays Lowey Pombo Sweeney H.R. 3218, by the yeas and nays; Greenwood McKeon Sherman Lucas (KY) Pomeroy Tancredo Concurring in Senate amendments to Gutknecht McKinney Shimkus Lucas (OK) Porter Tanner H.R. 3671, de novo; Hall (OH) McNulty Shows Luther Portman Tauscher Hall (TX) Meehan Shuster Maloney (CT) Price (NC) Tauzin H.R. 4148, de novo; and Hastings (FL) Meek (FL) Simpson Maloney (NY) Pryce (OH) Taylor (MS) S. 964, de novo. Hastings (WA) Meeks (NY) Sisisky Manzullo Quinn Taylor (NC) The Chair will reduce to 5 minutes Hayes Menendez Skeen Markey Radanovich Terry the time for each electronic vote in Hayworth Metcalf Skelton Martinez Rahall Thomas Hefley Mica Slaughter Mascara Ramstad Thompson (CA) this series. Hill (IN) Millender- Smith (MI) Matsui Rangel Thompson (MS) f Hill (MT) McDonald Smith (NJ) McCarthy (MO) Regula Thornberry Hilleary Miller, Gary Smith (TX) McCarthy (NY) Reyes Thune Hilliard Miller, George Smith (WA) McCrery Reynolds Thurman NATIONAL CHILDREN’S MEMORIAL Hinchey Minge Snyder McDermott Riley Tiahrt DAY Hinojosa Mink Souder McGovern Rivers Tierney Hobson Moakley Spence McHugh Roemer Toomey The SPEAKER pro tempore. The un- Hoeffel Mollohan Spratt McInnis Rogan Towns finished business is the question of sus- Hoekstra Moore Stabenow McIntyre Rogers Traficant pending the rules and agreeing to the Holden Moran (KS) Stark McKeon Rohrabacher Udall (CO) concurrent resolution, House Concur- Holt Moran (VA) Stenholm McKinney Rothman Udall (NM) Hooley Morella Strickland McNulty Roukema Upton rent Resolution 415. Horn Murtha Stump Meehan Roybal-Allard Velazquez The Clerk read the title of the con- Hulshof Myrick Sununu Meek (FL) Royce Visclosky current resolution. Hunter Nadler Sweeney Meeks (NY) Rush Vitter Hutchinson Neal Tancredo Menendez Ryan (WI) Walden The SPEAKER pro tempore. The Hyde Northup Tanner Metcalf Ryun (KS) Wamp question is on the motion offered by Inslee Norwood Tauscher Mica Sabo Waters the gentleman from California (Mr. Isakson Nussle Tauzin Millender- Salmon Watkins OSE) that the House suspend the rules Istook Oberstar Taylor (MS) McDonald Sanchez Watt (NC) Jackson (IL) Obey Taylor (NC) Miller, Gary Sandlin Watts (OK) and agree to the concurrent resolution, Jackson-Lee Olver Terry Miller, George Sanford Waxman House Concurrent Resolution 415, on (TX) Ortiz Thomas Minge Sawyer Weiner which the yeas and nays are ordered. Jefferson Ose Thompson (CA) Mink Saxton Weldon (FL) Jenkins Owens Thompson (MS) Moakley Scarborough Weldon (PA) This will be a 5-minute vote. John Pallone Thornberry Mollohan Schaffer Weller The vote was taken by electronic de- Johnson (CT) Pastor Thune Moore Schakowsky Wexler vice, and there were—yeas 376, nays 0, Johnson, E.B. Paul Thurman Moran (KS) Scott Whitfield not voting 56, as follows: Johnson, Sam Payne Tiahrt Moran (VA) Sensenbrenner Wicker Jones (NC) Pease Tierney Morella Serrano Wilson [Roll No. 532] Jones (OH) Pelosi Toomey Murtha Sessions Wolf YEAS—376 Kanjorski Peterson (MN) Towns Myrick Shadegg Woolsey Kaptur Peterson (PA) Traficant Nadler Shays Wu Abercrombie Boucher Danner Kelly Petri Udall (CO) Napolitano Sherman Wynn Ackerman Boyd Davis (FL) Kildee Phelps Udall (NM) Neal Sherwood Young (AK) Aderholt Brady (PA) Davis (IL) Kilpatrick Pickering Upton Northup Shimkus Young (FL) Allen Brady (TX) Davis (VA) Kind (WI) Pickett Velazquez Norwood Shows Andrews Brown (OH) Deal King (NY) Pombo Visclosky Nussle Shuster Archer Bryant DeFazio Kingston Pomeroy Vitter Armey Burr DeGette Kleczka Porter Walden NOT VOTING—46 Baca Burton DeLauro Knollenberg Portman Wamp Bachus Buyer DeLay Kucinich Price (NC) Waters Barrett (WI) Gutierrez Oxley Baird Callahan DeMint Kuykendall Pryce (OH) Watkins Becerra Hansen Pascrell Baker Calvert Deutsch LaFalce Quinn Watts (OK) Brown (FL) Hostettler Pitts Baldacci Camp Diaz-Balart LaHood Rahall Waxman Campbell Houghton Rodriguez Baldwin Canady Dickey Lampson Ramstad Weiner Cardin Jones (OH) Ros-Lehtinen Ballenger Cannon Dicks Lantos Rangel Weldon (FL) Chenoweth-Hage Kasich Sanders Barcia Capps Dingell Largent Regula Weldon (PA) Conyers Kennedy Shaw Barr Capuano Dixon Larson Reyes Weller Delahunt Klink Spratt Barrett (NE) Carson Doggett Latham Reynolds Wexler Dooley Kolbe Stupak Bartlett Castle Doolittle LaTourette Riley Whitfield English Lazio Talent Barton Chabot Doyle Leach Rivers Wicker Fattah Lipinski Turner Bass Chambliss Dreier Lee Roemer Wilson Forbes McCollum Walsh Becerra Clay Duncan Levin Rogan Wolf Franks (NJ) McIntosh Weygand Bentsen Clayton Dunn Lewis (CA) Rogers Woolsey Gephardt Miller (FL) Wise Bereuter Clement Edwards Lewis (GA) Rohrabacher Wu Goode Nethercutt Berkley Clyburn Ehlers Lewis (KY) Rothman Wynn Graham Ney Berman Coble Ehrlich Linder Roukema Young (AK) Berry Coburn Emerson LoBiondo Roybal-Allard Young (FL) Biggert Collins Engel b 1833 Bilirakis Combest Eshoo NOT VOTING—56 Bishop Condit Etheridge Barrett (WI) Dooley Herger Mrs. CUBIN changed her vote from Blagojevich Cook Evans Bilbray English Hostettler ‘‘nay’’ to ‘‘yea.’’ Bliley Cooksey Everett Bonilla Fattah Houghton Blumenauer Costello Ewing Brown (FL) Forbes Hoyer So the resolution was agreed to. Blunt Cox Farr Campbell Franks (NJ) Kasich Boehlert Coyne Filner The result of the vote was announced Cardin Gephardt Kennedy Boehner Cramer Fletcher Chenoweth-Hage Goode Klink as above recorded. Bonior Crane Foley Conyers Graham Kolbe Bono Crowley Ford A motion to reconsider was laid on Cubin Gutierrez Lazio Borski Cummings Fossella Delahunt Hansen Lipinski the table. Boswell Cunningham Fowler H10082 CONGRESSIONAL RECORD — HOUSE October 18, 2000 Lucas (OK) Pascrell Stearns Goss McCarthy (NY) Sandlin Pascrell Sanders Turner McCollum Pitts Stupak Granger McCrery Sanford Pitts Shaw Weygand McIntosh Radanovich Talent Green (TX) McDermott Sawyer Rodriguez Stupak Wise Miller (FL) Rodriguez Turner Green (WI) McGovern Saxton Ros-Lehtinen Talent Napolitano Ros-Lehtinen Walsh Greenwood McHugh Scarborough Nethercutt Sanders Watt (NC) Gutknecht McInnis Schaffer b 1847 Ney Schakowsky Weygand Hall (OH) McIntyre Schakowsky Oxley Shaw Wise Hall (TX) McKeon Scott So (two-thirds having voted in favor Packard Sherwood Hastings (FL) McKinney Sensenbrenner thereof) the rules were suspended and Hastings (WA) McNulty Serrano the bill was passed. b 1840 Hayes Meehan Sessions The result of the vote was announced Hayworth Meek (FL) Shadegg So (two-thirds having voted in favor Hefley Meeks (NY) Shays as above recorded. thereof) the rules were suspended and Herger Menendez Sherman A motion to reconsider was laid on the concurrent resolution was agreed Hill (IN) Metcalf Sherwood the table. Hill (MT) Mica Shimkus to. Hilleary Millender- Shows f The result of the vote was announced Hilliard McDonald Shuster as above recorded. Hinchey Miller, Gary Simpson FISH AND WILDLIFE PROGRAMS Hinojosa Miller, George Sisisky IMPROVEMENT AND NATIONAL A motion to reconsider was laid upon Hobson Minge Skeen the table. Hoeffel Mink Skelton WILDLIFE REFUGE SYSTEM CEN- Stated for: Hoekstra Moakley Slaughter TENNIAL ACT OF 2000 Holden Mollohan Smith (MI) Mr. STEARNS. Mr. Speaker, on rollcall No. Holt Moore Smith (NJ) The SPEAKER pro tempore (Mr. 532, I was unavoidably detained. Had I been Hooley Moran (KS) Smith (TX) PEASE). The unfinished business is the present, I would have voted ``yea.'' Horn Moran (VA) Smith (WA) question of suspending the rules and Hoyer Morella Snyder concurring in the Senate amendments f Hulshof Murtha Souder Hunter Myrick Spence to the bill, H.R. 3671. SOCIAL SECURITY NUMBER Hutchinson Nadler Spratt The Clerk read the title of the bill. Stabenow CONFIDENTIALITY ACT Hyde Napolitano The SPEAKER pro tempore. The Inslee Neal Stark question is on the motion offered by The SPEAKER pro tempore. The un- Isakson Northup Stearns Stenholm the gentleman from Alaska (Mr. finished business is the question of sus- Istook Norwood Jackson (IL) Nussle Strickland YOUNG) that the House suspend the pending the rules and passing the bill, Jackson-Lee Oberstar Stump rules and concur in the Senate amend- (TX) Obey Sununu H.R. 3218. ments to the bill, H.R. 3671. The Clerk read the title of the bill. Jefferson Olver Sweeney Jenkins Ortiz Tancredo The question was taken; and (two- The SPEAKER pro tempore. The John Ose Tanner thirds having voted in favor thereof) question is on the motion offered by Johnson (CT) Owens Tauscher the rules were suspended and the Sen- the gentleman from California (Mr. Johnson, E. B. Packard Tauzin Johnson, Sam Pallone Taylor (MS) ate amendments were concurred in. OSE) that the House suspend the rules Jones (OH) Pastor Taylor (NC) A motion to reconsider was laid on and pass the bill, H.R. 3218, on which Kanjorski Paul Terry the table. the yeas and nays are ordered. Kaptur Payne Thomas This will be a 5-minute vote. Kelly Pease Thompson (CA) f Kildee Pelosi Thompson (MS) The vote was taken by electronic de- Kilpatrick Peterson (MN) Thornberry TRIBAL CONTRACT SUPPORT COST vice, and there were—yeas 385, nays 0, Kind (WI) Peterson (PA) Thune TECHNICAL AMENDMENTS OF 2000 not voting 47, as follows: King (NY) Petri Thurman Kingston Phelps Tiahrt The SPEAKER pro tempore. The un- [Roll No. 533] Knollenberg Pickering Tierney finished business is the question of sus- YEAS—385 Kucinich Pickett Toomey Kuykendall Pombo Towns pending the rules and passing the bill, Abercrombie Brady (TX) DeMint LaFalce Pomeroy Traficant H.R. 4148, as amended. Ackerman Brown (OH) Deutsch LaHood Porter Udall (CO) The Clerk read the title of the bill. Aderholt Bryant Diaz-Balart Lampson Portman Udall (NM) Allen Burr Dicks Lantos Price (NC) Upton The SPEAKER pro tempore. The Andrews Burton Dingell Largent Pryce (OH) Velazquez question is on the motion offered by Archer Buyer Dixon Larson Quinn Visclosky the gentleman from Alaska (Mr. Armey Callahan Doggett Latham Radanovich Vitter YOUNG) that the House suspend the Baca Calvert Doolittle LaTourette Rahall Walden Bachus Camp Doyle Leach Ramstad Walsh rules and pass the bill, H.R. 4148, as Baird Canady Dreier Lee Rangel Wamp amended. Baker Cannon Duncan Levin Regula Waters The question was taken; and (two- Baldacci Capps Dunn Lewis (CA) Reyes Watkins Baldwin Capuano Edwards Lewis (GA) Reynolds Watt (NC) thirds having voted in favor thereof) Ballenger Carson Ehlers Lewis (KY) Riley Watts (OK) the rules were suspended and the bill, Barcia Castle Ehrlich Linder Rivers Waxman as amended, was passed. Barr Chabot Emerson LoBiondo Roemer Weiner A motion to reconsider was laid on Barrett (NE) Chambliss Engel Lofgren Rogan Weldon (FL) Bartlett Clay Eshoo Lowey Rogers Weldon (PA) the table. Barton Clayton Etheridge Lucas (KY) Rohrabacher Weller f Bass Clement Evans Lucas (OK) Rothman Wexler Becerra Clyburn Everett Luther Roukema Whitfield CHEYENNE RIVER SIOUX TRIBE Bentsen Coble Ewing Maloney (CT) Roybal-Allard Wicker Bereuter Coburn Farr Maloney (NY) Royce Wilson EQUITABLE COMPENSATION ACT Berkley Collins Filner Manzullo Rush Wolf The SPEAKER pro tempore. The un- Berman Combest Fletcher Markey Ryan (WI) Woolsey Berry Condit Foley Martinez Ryun (KS) Wu finished business is the question of sus- Biggert Cook Ford Mascara Sabo Wynn pending the rules and passing the Sen- Bilbray Cooksey Fossella Matsui Salmon Young (AK) ate bill, S. 964, as amended. Bilirakis Costello Fowler McCarthy (MO) Sanchez Young (FL) Bishop Cox Frank (MA) The Clerk read the title of the Senate Blagojevich Coyne Frelinghuysen NOT VOTING—47 bill. Bliley Cramer Frost The SPEAKER pro tempore. The Blumenauer Crane Gallegly Barrett (WI) Fattah Kennedy Blunt Crowley Ganske Brown (FL) Forbes Kleczka question is on the motion offered by Boehlert Cummings Gejdenson Campbell Franks (NJ) Klink the gentleman from Alaska (Mr. Boehner Danner Gekas Cardin Gephardt Kolbe YOUNG) that the House suspend the Bonilla Davis (FL) Gibbons Chenoweth-Hage Goode Lazio Bonior Davis (IL) Gilchrest Conyers Graham Lipinski rules and pass the Senate bill, S. 964, as Bono Davis (VA) Gillmor Cubin Gutierrez McCollum amended. Borski Deal Gilman Cunningham Hansen McIntosh The question was taken; and (two- Boswell DeFazio Gonzalez Delahunt Hostettler Miller (FL) thirds having voted in favor thereof) Boucher DeGette Goodlatte Dickey Houghton Nethercutt Boyd DeLauro Goodling Dooley Jones (NC) Ney the rules were suspended and the Sen- Brady (PA) DeLay Gordon English Kasich Oxley ate bill, as amended, was passed. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10083 A motion to reconsider was laid on CARRIE P. MEEK, 61); pension benefits to or on behalf of veterans the table. DAVID E. PRICE, as authorized by law (38 U.S.C. chapters 15, 51, BUD CRAMER, 53, 55, and 61; 92 Stat. 2508); and burial benefits, f DAVE OBEY, emergency and other officers’ retirement pay, REAPPOINTMENT AS MEMBER TO Managers on the Part of the House. adjusted-service credits and certificates, pay- ment of premiums due on commercial life insur- ADVISORY COMMITTEE ON STU- CHRISTOPHER S. BOND, ance policies guaranteed under the provisions of CONRAD BURNS, DENT FINANCIAL ASSISTANCE Article IV of the Soldiers’ and Sailors’ Civil Re- RICHARD C. SHELBY, lief Act of 1940, as amended, and for other bene- The SPEAKER pro tempore. Without LARRY E. CRAIG, fits as authorized by law (38 U.S.C. 107, 1312, objection, and pursuant to section 491 KAY BAILEY HUTCHISON, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 of the Higher Education Act, 20 USC TED STEVENS, U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. 1098(c), the Chair announces the Speak- PETE V. DOMENICI, 735; 76 Stat. 1198), $22,766,276,000, to remain BARBARA A. MIKULSKI, er’s reappointment of the following available until expended: Provided, That not to PATRICK LEAHY, member on the part of the House to the exceed $17,419,000 of the amount appropriated FRANK R. LAUTENBERG, Advisory Committee on Student Finan- shall be reimbursed to ‘‘General operating ex- TOM HARKIN, cial Assistance for a 3-year term: penses’’ and ‘‘Medical care’’ for necessary ex- ROBERT C. BYRD, penses in implementing those provisions author- Mr. Henry Givens, St. Louis, Mis- HARRY REID, ized in the Omnibus Budget Reconciliation Act souri. DANIEL K. INOUYE, of 1990, and in the Veterans’ Benefits Act of There was no objection. Managers on the Part of the Senate. 1992 (38 U.S.C. chapters 51, 53, and 55), the f JOINT EXPLANATORY STATEMENT OF funding source for which is specifically provided THE COMMITTEE OF CONFERENCE CONFERENCE REPORT ON H.R. 4635, as the ‘‘Compensation and pensions’’ appropria- The managers on the part of the House and tion: Provided further, That such sums as may DEPARTMENTS OF VETERANS the Senate at the conference on the dis- be earned on an actual qualifying patient basis, AFFAIRS AND HOUSING AND agreeing votes of the two Houses on the shall be reimbursed to ‘‘Medical facilities revolv- URBAN DEVELOPMENT, AND amendment of the Senate to the bill (H.R. ing fund’’ to augment the funding of individual INDEPENDENT AGENCIES APPRO- 4635) making appropriations for the Depart- medical facilities for nursing home care provided PRIATIONS ACT, 2001 ments of Veterans Affairs and Housing and to pensioners as authorized. Urban Development, and for sundry inde- Mr. WALSH submitted the following READJUSTMENT BENEFITS pendent agencies, boards, commissions, cor- For the payment of readjustment and rehabili- conference report and statement on the porations, and offices for the fiscal year end- tation benefits to or on behalf of veterans as au- bill (H.R. 4635) making appropriations ing September 30, 2001, and for other pur- thorized by 38 U.S.C. chapters 21, 30, 31, 34, 35, for the Departments of Veterans Af- poses, submit the following joint statement 36, 39, 51, 53, 55, and 61, $1,634,000,000, to re- fairs and Housing and Urban Develop- to the House and the Senate in explanation main available until expended: Provided, That ment, and for sundry independent of the effect of the action agreed upon by the expenses for rehabilitation program services and agencies, boards, commissions, cor- managers and recommended in the accom- assistance which the Secretary is authorized to panying report. provide under section 3104(a) of title 38, United porations, and offices for the fiscal This conference agreement includes more year ending September 30, 2001, and for States Code, other than under subsection (a)(1), than the Departments of Veterans Affairs (2), (5) and (11) of that section, shall be charged other purposes: and Housing and Urban Development, and to the account: Provided further, That funds CONFERENCE REPORT (H. REPT. 106–988) Independent Agencies Appropriations Act, shall be available to pay any court order, court 2001. The conference agreement has been ex- The committee of conference on the dis- award or any compromise settlement arising panded to include the Energy and Water De- agreeing votes of the two Houses on the from litigation involving the vocational training velopment Appropriations Act, 2001, as well amendment of the Senate to the bill (H.R. program authorized by section 18 of Public Law as the Departments of Veterans Affairs and 4635) ‘‘making appropriations for the Depart- 98–77, as amended. Housing and Urban Development, and Inde- ments of Veterans Affairs and Housing and pendent Agencies Appropriations Act, 2001. VETERANS INSURANCE AND INDEMNITIES Urban Development, and for sundry inde- Both of these Acts have been enacted into For military and naval insurance, national pendent agencies, boards, commissions, cor- law by reference in this conference report; service life insurance, servicemen’s indemnities, porations, and offices for the fiscal year end- however, a copy of the referenced legislation service-disabled veterans insurance, and vet- ing September 30, 2001, and for other pur- has been included in this statement for con- erans mortgage life insurance as authorized by poses’’, having met, after full and free con- venience. 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487, ference, have agreed to recommend and do $19,850,000, to remain available until expended. recommend to their respective Houses as fol- DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOP- VETERANS HOUSING BENEFIT PROGRAM FUND lows: PROGRAM ACCOUNT That the House recede from its disagree- MENT, AND INDEPENDENT AGENCIES (INCLUDING TRANSFER OF FUNDS) ment to the amendment of the Senate, and APPROPRIATIONS agree to the same with an amendment, as The conference agreement would enact the For the cost of direct and guaranteed loans, follows: provisions of H.R. 5482 as introduced on Octo- such sums as may be necessary to carry out the In lieu of the matter stricken and inserted ber 18, 2000. The text of that bill follows: program, as authorized by 38 U.S.C. chapter 37, as amended: Provided, That such costs, includ- by said amendment, insert: A BILL Making appropriations for the De- ing the cost of modifying such loans, shall be as Section 1. (a) The provisions of the following partments of Veterans Affairs and Housing defined in section 502 of the Congressional bills of the 106th Congress are hereby enacted and Urban Development, and for sundry Budget Act of 1974, as amended: Provided fur- into law: independent agencies, boards, commis- ther, That during fiscal year 2001, within the re- (1) H.R. 5482, as introduced on October 18, sions, corporations, and offices for the fis- sources available, not to exceed $300,000 in gross 2000. cal year ending September 30, 2001, and for obligations for direct loans are authorized for (2) H.R. 5483, as introduced on October 18, other purposes. 2000. specially adapted housing loans. Be it enacted by the Senate and House of Rep- In addition, for administrative expenses to (b) In publishing this Act in slip form and in resentatives of the United States of America in carry out the direct and guaranteed loan pro- the United States Statutes at Large pursuant to Congress assembled, That the following sums grams, $162,000,000, which may be transferred to section 112 of title 1, United States Code, the Ar- are appropriated, out of any money in the and merged with the appropriation for ‘‘General chivist of the United States shall include after Treasury not otherwise appropriated, for the operating expenses’’. the date of approval at the end appendixes set- Departments of Veterans Affairs and Housing EDUCATION LOAN FUND PROGRAM ACCOUNT ting forth the texts of the bills referred to in sub- and Urban Development, and for sundry inde- section (a) of this section. pendent agencies, boards, commissions, corpora- (INCLUDING TRANSFER OF FUNDS) ; And the Senate agree to the same. tions, and offices for the fiscal year ending Sep- For the cost of direct loans, $1,000, as author- JAMES T. WALSH, tember 30, 2001, and for other purposes, namely: ized by 38 U.S.C. 3698, as amended: Provided, TOM DELAY, TITLE I—DEPARTMENT OF VETERANS That such costs, including the cost of modifying DAVE HOBSON, AFFAIRS such loans, shall be as defined in section 502 of JOE KNOLLENBERG, the Congressional Budget Act of 1974, as amend- VETERANS BENEFITS ADMINISTRATION RODNEY FRELINGHUYSEN, ed: Provided further, That these funds are ANNE M. NORTHUP, COMPENSATION AND PENSIONS available to subsidize gross obligations for the JOHN E. SUNUNU, (INCLUDING TRANSFERS OF FUNDS) principal amount of direct loans not to exceed VIRGIL GOODE, Jr., For the payment of compensation benefits to $3,400. BILL YOUNG, or on behalf of veterans and a pilot program for In addition, for administrative expenses nec- ALAN B. MOLLOHAN, disability examinations as authorized by law (38 essary to carry out the direct loan program, MARCY KAPTUR, U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and $220,000, which may be transferred to and H10084 CONGRESSIONAL RECORD — HOUSE October 18, 2000 merged with the appropriation for ‘‘General op- erans Affairs shall conduct by contract a pro- shall not exceed $1,125,000: Provided further, erating expenses’’. gram of recovery audits for the fee basis and That of the amount made available under this VOCATIONAL REHABILITATION LOANS PROGRAM other medical services contracts with respect to heading, not to exceed $125,000 may be trans- ACCOUNT payments for hospital care; and, notwith- ferred to and merged with the appropriation for (INCLUDING TRANSFER OF FUNDS) standing 31 U.S.C. 3302(b), amounts collected, ‘‘General operating expenses’’. by setoff or otherwise, as the result of such au- For the cost of direct loans, $52,000, as au- OFFICE OF INSPECTOR GENERAL dits shall be available, without fiscal year limi- thorized by 38 U.S.C. chapter 31, as amended: tation, for the purposes for which funds are ap- (INCLUDING TRANSFER OF FUNDS) Provided, That such costs, including the cost of propriated under this heading and the purposes modifying such loans, shall be as defined in sec- For necessary expenses of the Office of In- of paying a contractor a percent of the amount tion 502 of the Congressional Budget Act of 1974, spector General in carrying out the Inspector collected as a result of an audit carried out by as amended: Provided further, That these funds General Act of 1978, as amended, $46,464,000: the contractor: Provided further, That all are available to subsidize gross obligations for Provided, That of the amount made available amounts so collected under the preceding pro- the principal amount of direct loans not to ex- under this heading, not to exceed $28,000 may be viso with respect to a designated health care re- ceed $2,726,000. transferred to and merged with the appropria- gion (as that term is defined in 38 U.S.C. In addition, for administrative expenses nec- tion for ‘‘General operating expenses’’. 1729A(d)(2)) shall be allocated, net of payments essary to carry out the direct loan program, CONSTRUCTION, MAJOR PROJECTS to the contractor, to that region. $432,000, which may be transferred to and In addition, in conformance with Public Law For constructing, altering, extending and im- merged with the appropriation for ‘‘General op- 105–33 establishing the Department of Veterans proving any of the facilities under the jurisdic- erating expenses’’. Affairs Medical Care Collections Fund, such tion or for the use of the Department of Vet- NATIVE AMERICAN VETERAN HOUSING LOAN sums as may be deposited to such Fund pursu- erans Affairs, or for any of the purposes set PROGRAM ACCOUNT ant to 38 U.S.C. 1729A may be transferred to this forth in sections 316, 2404, 2406, 8102, 8103, 8106, (INCLUDING TRANSFER OF FUNDS) account, to remain available until expended for 8108, 8109, 8110, and 8122 of title 38, United For administrative expenses to carry out the the purposes of this account. States Code, including planning, architectural direct loan program authorized by 38 U.S.C. None of the foregoing funds may be trans- and engineering services, maintenance or guar- chapter 37, subchapter V, as amended, $532,000, ferred to the Department of Justice for the pur- antee period services costs associated with which may be transferred to and merged with poses of supporting tobacco litigation. equipment guarantees provided under the the appropriation for ‘‘General operating ex- MEDICAL AND PROSTHETIC RESEARCH project, services of claims analysts, offsite utility penses’’. For necessary expenses in carrying out pro- and storm drainage system construction costs, GUARANTEED TRANSITIONAL HOUSING LOANS FOR grams of medical and prosthetic research and and site acquisition, where the estimated cost of HOMELESS VETERANS PROGRAM ACCOUNT development as authorized by 38 U.S.C. chapter a project is $4,000,000 or more or where funds for a project were made available in a previous (INCLUDING TRANSFER OF FUNDS) 73, to remain available until September 30, 2002, $351,000,000, plus reimbursements. major project appropriation, $66,040,000, to re- Not to exceed $750,000 of the amounts appro- main available until expended: Provided, That MEDICAL ADMINISTRATION AND MISCELLANEOUS priated by this Act for ‘‘General operating ex- except for advance planning of projects (includ- OPERATING EXPENSES penses’’ and ‘‘Medical care’’ may be expended ing market-based assessments of health care For necessary expenses in the administration for the administrative expenses to carry out the needs which may or may not lead to capital in- of the medical, hospital, nursing home, domi- guaranteed loan program authorized by 38 vestments) funded through the advance plan- ciliary, construction, supply, and research ac- U.S.C. chapter 37, subchapter VI. ning fund and the design of projects funded tivities, as authorized by law; administrative ex- VETERANS HEALTH ADMINISTRATION through the design fund, none of these funds penses in support of capital policy activities, shall be used for any project which has not been MEDICAL CARE $62,000,000 plus reimbursements: Provided, That considered and approved by the Congress in the (INCLUDING TRANSFER OF FUNDS) technical and consulting services offered by the budgetary process: Provided further, That funds For necessary expenses for the maintenance Facilities Management Field Service, including provided in this appropriation for fiscal year and operation of hospitals, nursing homes, and project management and real property adminis- 2001, for each approved project shall be obli- domiciliary facilities; for furnishing, as author- tration (including leases, site acquisition and gated: (1) by the awarding of a construction ized by law, inpatient and outpatient care and disposal activities directly supporting projects), documents contract by September 30, 2001; and treatment to beneficiaries of the Department of shall be provided to Department of Veterans Af- (2) by the awarding of a construction contract Veterans Affairs, including care and treatment fairs components only on a reimbursable basis, by September 30, 2002: Provided further, That in facilities not under the jurisdiction of the de- and such amounts will remain available until the Secretary shall promptly report in writing to partment; and furnishing recreational facilities, September 30, 2001. the Committees on Appropriations any approved supplies, and equipment; funeral, burial, and DEPARTMENTAL ADMINISTRATION major construction project in which obligations other expenses incidental thereto for bene- GENERAL OPERATING EXPENSES are not incurred within the time limitations es- ficiaries receiving care in the department; ad- For necessary operating expenses of the De- tablished above: Provided further, That no ministrative expenses in support of planning, partment of Veterans Affairs, not otherwise pro- funds from any other account except the ‘‘Park- design, project management, real property ac- vided for, including uniforms or allowances ing revolving fund’’, may be obligated for con- quisition and disposition, construction and ren- therefor; not to exceed $25,000 for official recep- structing, altering, extending, or improving a ovation of any facility under the jurisdiction or tion and representation expenses; hire of pas- project which was approved in the budget proc- for the use of the department; oversight, engi- senger motor vehicles; and reimbursement of the ess and funded in this account until one year neering and architectural activities not charged General Services Administration for security after substantial completion and beneficial oc- to project cost; repairing, altering, improving or guard services, and the Department of Defense cupancy by the Department of Veterans Affairs providing facilities in the several hospitals and for the cost of overseas employee mail, of the project or any part thereof with respect to homes under the jurisdiction of the department, $1,050,000,000: Provided, That expenses for serv- that part only. not otherwise provided for, either by contract or ices and assistance authorized under 38 U.S.C. by the hire of temporary employees and pur- CONSTRUCTION, MINOR PROJECTS 3104(a) (1), (2), (5) and (11) that the Secretary chase of materials; uniforms or allowances For constructing, altering, extending, and im- determines are necessary to enable entitled vet- therefor, as authorized by 5 U.S.C. 5901–5902; proving any of the facilities under the jurisdic- erans (1) to the maximum extent feasible, to be- aid to State homes as authorized by 38 U.S.C. tion or for the use of the Department of Vet- come employable and to obtain and maintain 1741; administrative and legal expenses of the erans Affairs, including planning, architectural suitable employment; or (2) to achieve maximum department for collecting and recovering and engineering services, maintenance or guar- independence in daily living, shall be charged to amounts owed the department as authorized antee period services costs associated with this account: Provided further, That of the under 38 U.S.C. chapter 17, and the Federal equipment guarantees provided under the funds made available under this heading, not to Medical Care Recovery Act, 42 U.S.C. 2651 et project, services of claims analysts, offsite utility exceed $45,000,000 shall be available until Sep- seq., $20,281,587,000, plus reimbursements: Pro- and storm drainage system construction costs, tember 30, 2002: Provided further, That funds vided, That of the funds made available under and site acquisition, or for any of the purposes under this heading shall be available to admin- this heading, $900,000,000 is for the equipment set forth in sections 316, 2404, 2406, 8102, 8103, ister the Service Members Occupational Conver- and land and structures object classifications 8106, 8108, 8109, 8110, 8122, and 8162 of title 38, sion and Training Act. only, which amount shall not become available United States Code, where the estimated cost of for obligation until August 1, 2001, and shall re- NATIONAL CEMETERY ADMINISTRATION a project is less than $4,000,000, $162,000,000, to main available until September 30, 2002: Pro- (INCLUDING TRANSFER OF FUNDS) remain available until expended, along with un- vided further, That of the funds made available For necessary expenses for the maintenance obligated balances of previous ‘‘Construction, under this heading, not to exceed $500,000,000 and operation of the National Cemetery Admin- minor projects’’ appropriations which are here- shall be available until September 30, 2002: Pro- istration, not otherwise provided for, including by made available for any project where the es- vided further, That of the funds made available uniforms or allowances therefor; cemeterial ex- timated cost is less than $4,000,000: Provided, under this heading, not to exceed $28,134,000 penses as authorized by law; purchase of two That funds in this account shall be available may be transferred to and merged with the ap- passenger motor vehicles for use in cemeterial for: (1) repairs to any of the nonmedical facili- propriation for ‘‘General operating expenses’’: operations; and hire of passenger motor vehi- ties under the jurisdiction or for the use of the Provided further, That the Secretary of Vet- cles, $109,889,000: Provided, That travel expenses department which are necessary because of loss October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10085 or damage caused by any natural disaster or ca- claims have been paid and actuarially deter- plan to be implemented; and (2) made available tastrophe; and (2) temporary measures nec- mined reserves have been set aside: Provided to the Congress and the public information from essary to prevent or to minimize further loss by further, That if the cost of administration of an the consultations regarding possible impacts on such causes. insurance program exceeds the amount of sur- the accessibility of veterans health care services PARKING REVOLVING FUND plus earnings accumulated in that program, re- to affected veterans. For the parking revolving fund as authorized imbursement shall be made only to the extent of TITLE II—DEPARTMENT OF HOUSING AND by 38 U.S.C. 8109, income from fees collected, to such surplus earnings: Provided further, That URBAN DEVELOPMENT the Secretary shall determine the cost of admin- remain available until expended, which shall be PUBLIC AND INDIAN HOUSING available for all authorized expenses except op- istration for fiscal year 2001, which is properly erations and maintenance costs, which will be allocable to the provision of each insurance pro- HOUSING CERTIFICATE FUND funded from ‘‘Medical care’’. gram and to the provision of any total disability (INCLUDING TRANSFERS OF FUNDS) income insurance included in such insurance GRANTS FOR CONSTRUCTION OF STATE EXTENDED For activities and assistance to prevent the in- program. CARE FACILITIES voluntary displacement of low-income families, SEC. 108. Notwithstanding any other provision For grants to assist States to acquire or con- the elderly and the disabled because of the loss of law, collections authorized by the Veterans of affordable housing stock, expiration of sub- struct State nursing home and domiciliary fa- Millennium Health Care and Benefits Act (Pub- cilities and to remodel, modify or alter existing sidy contracts (other than contracts for which lic Law 106–117) and credited to the appropriate amounts are provided under another heading in hospital, nursing home and domiciliary facilities Department of Veterans Affairs accounts in fis- in State homes, for furnishing care to veterans this Act) or expiration of use restrictions, or cal year 2001, shall not be available for obliga- other changes in housing assistance arrange- as authorized by 38 U.S.C. 8131–8137, tion or expenditure unless appropriation lan- $100,000,000, to remain available until expended. ments, and for other purposes, $13,940,907,000 guage making such funds available is enacted. and amounts that are recaptured in this ac- GRANTS FOR THE CONSTRUCTION OF STATE SEC. 109. In accordance with section 1557 of count to remain available until expended: Pro- VETERANS CEMETERIES title 31, United States Code, the following obli- vided, That of the total amount provided under For grants to aid States in establishing, ex- gated balance shall be exempt from subchapter this heading, $13,430,000,000, of which panding, or improving State veterans cemeteries IV of chapter 15 of such title and shall remain $9,230,000,000 shall be available on October 1, as authorized by 38 U.S.C. 2408, $25,000,000, to available for expenditure until September 30, 2000 and $4,200,000,000 shall be available on Oc- remain available until expended. 2003: funds obligated by the Department of Vet- tober 1, 2001, shall be for assistance under the erans Affairs for a contract with the Institute ADMINISTRATIVE PROVISIONS United States Housing Act of 1937 (‘‘the Act’’ for Clinical Research to study the application of (INCLUDING TRANSFER OF FUNDS) herein) (42 U.S.C. 1437): Provided further, That artificial neural networks to the diagnosis and SEC. 101. Any appropriation for fiscal year the foregoing amounts shall shall be for use in treatment of prostate cancer through the Coop- 2001 for ‘‘Compensation and pensions’’, ‘‘Read- connection with expiring or terminating section erative DoD/VA Medical Research program from justment benefits’’, and ‘‘Veterans insurance 8 subsidy contracts, for amendments to section 8 funds made available to the Department of Vet- and indemnities’’ may be transferred to any subsidy contracts, for enhanced vouchers (in- erans Affairs by the Department of Defense Ap- other of the mentioned appropriations. cluding amendments and renewals) under any propriations Act, 1995 (Public Law 103–335) SEC. 102. Appropriations available to the De- provision of law authorizing such assistance under the heading ‘‘Research, Development, partment of Veterans Affairs for fiscal year 2001 under section 8(t) of the United States Housing Test and Evaluation, Defense-Wide’’. for salaries and expenses shall be available for Act of 1937 (47 U.S.C. 1437f(t)), contract admin- SEC. 110. As HR LINK$ will not be part of the services authorized by 5 U.S.C. 3109. Franchise Fund in fiscal year 2001, funds budg- istrators, and contracts entered into pursuant to SEC. 103. No appropriations in this Act for the eted in customer accounts to purchase HR section 441 of the Stewart B. McKinney Home- Department of Veterans Affairs (except the ap- LINK$ services from the Franchise Fund shall less Assistance Act: Provided further, That propriations for ‘‘Construction, major projects’’, be transferred to the General Administration amounts available under the first proviso under ‘‘Construction, minor projects’’, and the ‘‘Park- portion of the ‘‘General operating expenses’’ ap- this heading shall be available for section 8 ing revolving fund’’) shall be available for the propriation in the following amounts: $78,000 rental assistance under the Act: (1) for the relo- purchase of any site for or toward the construc- from the ‘‘Office of Inspector General’’, $358,000 cation and replacement of housing units that tion of any new hospital or home. from the ‘‘National cemetery administration’’, are demolished or disposed of pursuant to sec- SEC. 104. No appropriations in this Act for the $1,106,000 from ‘‘Medical care’’, $84,000 from tion 24 of the United States Housing Act of 1937 Department of Veterans Affairs shall be avail- ‘‘Medical administration and miscellaneous op- or to other authority for the revitalization of se- able for hospitalization or examination of any erating expenses’’, and $38,000 shall be repro- verely distressed public housing, as set forth in persons (except beneficiaries entitled under the grammed within the ‘‘General operating ex- the Appropriations Acts for the Departments of laws bestowing such benefits to veterans, and penses’’ appropriation from the Veterans Bene- Veterans Affairs and Housing and Urban Devel- persons receiving such treatment under 5 U.S.C. fits Administration to General Administration opment, and Independent Agencies for fiscal 7901–7904 or 42 U.S.C. 5141–5204), unless reim- for the same purpose. years 1993, 1994, 1995, and 1997, and in the Om- bursement of cost is made to the ‘‘Medical care’’ SEC. 111. Not to exceed $1,600,000 from the nibus Consolidated Rescissions and Appropria- account at such rates as may be fixed by the ‘‘Medical care’’ appropriation shall be trans- tions Act of 1996; (2) for the conversion of sec- Secretary of Veterans Affairs. ferred to the ‘‘General operating expenses’’ ap- tion 23 projects to assistance under section 8; (3) SEC. 105. Appropriations available to the De- propriation to fund personnel services costs of for funds to carry out the family unification partment of Veterans Affairs for fiscal year 2001 employees providing legal services and adminis- program; (4) for the relocation of witnesses in for ‘‘Compensation and pensions’’, ‘‘Readjust- trative support for the Office of General Coun- connection with efforts to combat crime in pub- ment benefits’’, and ‘‘Veterans insurance and sel. lic and assisted housing pursuant to a request indemnities’’ shall be available for payment of SEC. 112. Not to exceed $1,200,000 may be from a law enforcement or prosecution agency; prior year accrued obligations required to be re- transferred from the ‘‘Medical care’’ appropria- (5) for tenant protection assistance, including corded by law against the corresponding prior tion to the ‘‘General operating expenses’’ appro- replacement and relocation assistance; and (6) year accounts within the last quarter of fiscal priation to fund contracts and services in sup- for the 1-year renewal of section 8 contracts for year 2000. port of the Veterans Benefits Administration’s units in a project that is subject to an approved SEC. 106. Appropriations accounts available to Benefits Delivery Center, Systems Development plan of action under the Emergency Low Income the Department of Veterans Affairs for fiscal Center, and Finance Center, located at the De- Housing Preservation Act of 1987 or the Low-In- year 2001 shall be available to pay prior year ob- partment of Veterans Affairs Medical Center, come Housing Preservation and Resident Home- ligations of corresponding prior year appropria- Hines, Illinois. ownership Act of 1990: Provided further, That of tions accounts resulting from title X of the Com- SEC. 113. Not to exceed $4,500,000 from the the total amount provided under this heading, petitive Equality Banking Act, Public Law 100– ‘‘Construction, minor projects’’ appropriation $11,000,000 shall be transferred to the Working 86, except that if such obligations are from trust and not to exceed $2,000,000 from the ‘‘Medical Capital Fund for the development and mainte- fund accounts they shall be payable from ‘‘Com- care’’ appropriation may be transferred to and nance of information technology systems: Pro- pensation and pensions’’. merged with the Parking Revolving Fund for vided further, That of the total amount provided SEC. 107. Notwithstanding any other provision surface parking lot projects. under this heading, $40,000,000 shall be made of law, during fiscal year 2001, the Secretary of SEC. 114. Notwithstanding any other provision available to nonelderly disabled families af- Veterans Affairs shall, from the National Serv- of this Act, none of the funds appropriated or fected by the designation of a public housing de- ice Life Insurance Fund (38 U.S.C. 1920), the otherwise made available in this Act for ‘‘Med- velopment under section 7 of the Act, the estab- Veterans’ Special Life Insurance Fund (38 ical care’’ appropriations of the Department of lishment of preferences in accordance with sec- U.S.C. 1923), and the United States Government Veterans Affairs may be obligated for the re- tion 651 of the Housing and Community Devel- Life Insurance Fund (38 U.S.C. 1955), reimburse alignment of the health care delivery system in opment Act of 1992 (42 U.S.C. 1361l), or the re- the ‘‘General operating expenses’’ account for Veterans Integrated Service Network 12 (VISN striction of occupancy to elderly families in ac- the cost of administration of the insurance pro- 12) until 60 days after the Secretary of Veterans cordance with section 658 of such Act, and to grams financed through those accounts: Pro- Affairs certifies that the Department has: (1) the extent the Secretary determines that such vided, That reimbursement shall be made only consulted with veterans organizations, medical amount is not needed to fund applications for from the surplus earnings accumulated in an in- school affiliates, employee representatives, State such affected families, to other nonelderly dis- surance program in fiscal year 2001, that are veterans and health associations, and other in- abled families: Provided further, That of the available for dividends in that program after terested parties with respect to the realignment total amount provided under this heading, H10086 CONGRESSIONAL RECORD — HOUSE October 18, 2000 $452,907,000 shall be made available for incre- zations, and Indian tribes and their tribally des- to exceed $54,600,000: Provided further, That for mental vouchers under section 8 of the United ignated housing entities (including up to administrative expenses to carry out the guar- States Housing Act of 1937 on a fair share basis $150,000 for the cost of necessary travel for par- anteed loan program, up to $150,000 from and administered by public housing agencies: ticipants in such training) for oversight, train- amounts in the first proviso, which shall be Provided further, That of the total amount ing and improved management of this program, transferred to and merged with the appropria- provided under this heading, up to $7,000,000 $2,000,000 shall be available to the Boys and tion for ‘‘Salaries and expenses’’, to be used shall be made available for the completion of the Girls Clubs of America for the operating and only for the administrative costs of these guar- Jobs Plus Demonstration: Provided further, start-up costs of clubs located in or near, and antees: Provided further, That of the amount That amounts available under this heading may primarily serving residents of, public housing provided in this heading, $2,000,000 shall be be made available for administrative fees and and housing assisted under the Native American transferred to the Working Capital Fund for de- other expenses to cover the cost of administering Housing Assistance and Self-Determination Act veloping and maintaining information tech- rental assistance programs under section 8 of of 1996, and $10,000,000 shall be used in connec- nology systems. the United States Housing Act of 1937: Provided tion with efforts to combat violent crime in pub- INDIAN HOUSING LOAN GUARANTEE FUND further, That the fee otherwise authorized lic and assisted housing under the Operation PROGRAM ACCOUNT under section 8(q) of such Act shall be deter- Safe Home Program administered by the Inspec- (INCLUDING TRANSFER OF FUNDS) mined in accordance with section 8(q), as in ef- tor General of the Department of Housing and For the cost of guaranteed loans, as author- fect immediately before the enactment of the Urban Development: Provided further, That of ized by section 184 of the Housing and Commu- Quality Housing and Work Responsibility Act of the amount under this heading, $10,000,000 shall nity Development Act of 1992 (106 Stat. 3739), 1998: Provided further, That $1,833,000,000 is re- be provided to the Office of Inspector General $6,000,000, to remain available until expended: scinded from unobligated balances remaining for Operation Safe Home: Provided further, Provided, That such costs, including the costs of from funds appropriated to the Department of That of the amount under this heading, modifying such loans, shall be as defined in sec- Housing and Urban Development under this $20,000,000 shall be available for the New Ap- tion 502 of the Congressional Budget Act of 1974, heading or the heading ‘‘Annual Contributions proach Anti-Drug program which will provide as amended: Provided further, That these funds for Assisted Housing’’ or any other heading for competitive grants to entities managing or oper- are available to subsidize total loan principal, fiscal year 2000 and prior years: Provided fur- ating public housing developments, federally as- any part of which is to be guaranteed, not to ex- ther, That any such balances governed by re- sisted multifamily housing developments, or ceed $71,956,000. allocation provisions under the statute author- other multifamily housing developments for low- In addition, for administrative expenses to izing the program for which the funds were income families supported by non-Federal gov- carry out the guaranteed loan program, up to originally appropriated shall not be available ernmental entities or similar housing develop- $200,000 from amounts in the first paragraph, for this rescission: Provided further, That the ments supported by nonprofit private sources in which shall be transferred to and merged with Secretary shall have until September 30, 2001, to order to provide or augment security (including the appropriation for ‘‘Salaries and expenses’’, meet the rescission in the proviso preceding the personnel costs), to assist in the investigation to be used only for the administrative costs of immediately preceding proviso: Provided fur- and/or prosecution of drug-related criminal ac- these guarantees. ther, That any obligated balances of contract tivity in and around such developments, and to COMMUNITY PLANNING AND DEVELOPMENT authority that have been terminated shall be provide assistance for the development of capital canceled. improvements at such developments directly re- HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For carrying out the Housing Opportunities PUBLIC HOUSING CAPITAL FUND lating to the security of such developments: Pro- for Persons with AIDS program, as authorized (INCLUDING TRANSFER OF FUNDS) vided further, That grants for the New Ap- proach Anti-Drug program shall be made on a by the AIDS Housing Opportunity Act (42 For the Public Housing Capital Fund Program competitive basis as specified in section 102 of U.S.C. 12901), $258,000,000, to remain available to carry out capital and management activities the Department of Housing and Urban Develop- until expended: Provided, That the Secretary for public housing agencies, as authorized ment Reform Act of 1989. shall renew all expiring contracts that were under section 9 of the United States Housing REVITALIZATION OF SEVERELY DISTRESSED PUBLIC funded under section 854(c)(3) of such Act that Act of 1937, as amended (42 U.S.C. 1437), meet all program requirements before awarding $3,000,000,000, to remain available until ex- HOUSING (HOPE VI) For grants to public housing agencies for dem- funds for new contracts and activities author- pended, of which up to $50,000,000 shall be for olition, site revitalization, replacement housing, ized under this section: Provided further, That carrying out activities under section 9(h) of and tenant-based assistance grants to projects the Secretary may use up to 1 percent of the such Act, for lease adjustments to section 23 as authorized by section 24 of the United States funds under this heading for training, over- projects and $43,000,000 shall be transferred to Housing Act of 1937, $575,000,000 to remain sight, and technical assistance activities. the Working Capital Fund for the development available until expended, of which the Secretary RURAL HOUSING AND ECONOMIC DEVELOPMENT and maintenance of information technology sys- may use up to $10,000,000 for technical assist- For the Office of Rural Housing and Eco- tems: Provided, That no funds may be used ance and contract expertise, to be provided di- nomic Development in the Department of Hous- under this heading for the purposes specified in rectly or indirectly by grants, contracts or coop- ing and Urban Development, $25,000,000 to re- section 9(k) of the United States Housing Act of erative agreements, including training and cost main available until expended, which amount 1937: Provided further, That of the total of necessary travel for participants in such shall be awarded by June 1, 2001, to Indian amount, up to $75,000,000 shall be available for training, by or to officials and employees of the tribes, State housing finance agencies, State the Secretary of Housing and Urban Develop- department and of public housing agencies and community and/or economic development agen- ment to make grants to public housing agencies to residents: Provided, That none of such funds cies, local rural nonprofits and community de- for emergency capital needs resulting from emer- shall be used directly or indirectly by granting velopment corporations to support innovative gencies and natural disasters in fiscal year 2001. competitive advantage in awards to settle litiga- housing and economic development activities in PUBLIC HOUSING OPERATING FUND tion or pay judgments, unless expressly per- rural areas: Provided, That all grants shall be For payments to public housing agencies for mitted herein. awarded on a competitive basis as specified in the operation and management of public hous- NATIVE AMERICAN HOUSING BLOCK GRANTS section 102 of the HUD Reform Act. ing, as authorized by section 9(e) of the United (INCLUDING TRANSFERS OF FUNDS) EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES States Housing Act of 1937, as amended (42 For the Native American Housing Block For grants in connection with a second round U.S.C. 1437g), $3,242,000,000, to remain available Grants program, as authorized under title I of of empowerment zones and enterprise commu- until expended: Provided, That no funds may be the Native American Housing Assistance and nities, $90,000,000, to remain available until ex- used under this heading for the purposes speci- Self-Determination Act of 1996 (NAHASDA) pended: Provided, That $75,000,000 shall be fied in section 9(k) of the United States Housing (Public Law 104–330), $650,000,000, to remain available for the Secretary of Housing and Act of 1937. available until expended, of which $6,000,000 Urban Development for ‘‘Urban Empowerment DRUG ELIMINATION GRANTS FOR LOW-INCOME shall be to support the inspection of Indian Zones’’, as authorized in the Taxpayer Relief HOUSING housing units, contract expertise, training, and Act of 1997, including $5,000,000 for each em- (INCLUDING TRANSFERS OF FUNDS) technical assistance in the training, oversight, powerment zone for use in conjunction with eco- For grants to public housing agencies and In- and management of Indian housing and tenant- nomic development activities consistent with the dian tribes and their tribally designated housing based assistance, including up to $300,000 for re- strategic plan of each empowerment zone: Pro- entities for use in eliminating crime in public lated travel: Provided, That of the amount pro- vided further, That $15,000,000 shall be available housing projects authorized by 42 U.S.C. 11901– vided under this heading, $6,000,000 shall be to the Secretary of Agriculture for grants for 11908, for grants for federally assisted low-in- made available for the cost of guaranteed notes designated empowerment zones in rural areas come housing authorized by 42 U.S.C. 11909, and and other obligations, as authorized by title VI and for grants for designated rural enterprise for drug information clearinghouse services au- of NAHASDA: Provided further, That such communities. thorized by 42 U.S.C. 11921–11925, $310,000,000, costs, including the costs of modifying such COMMUNITY DEVELOPMENT FUND to remain available until expended: Provided, notes and other obligations, shall be as defined (INCLUDING TRANSFERS OF FUNDS) That of the total amount provided under this in section 502 of the Congressional Budget Act For assistance to units of State and local gov- heading, up to $3,000,000 shall be solely for tech- of 1974, as amended: Provided further, That ernment, and to other entities, for economic and nical assistance, technical assistance grants, these funds are available to subsidize the total community development activities, and for other training, and program assessment for or on be- principal amount of any notes and other obliga- purposes, $5,057,550,000: Provided, That of the half of public housing agencies, resident organi- tions, any part of which is to be guaranteed, not amount provided, $4,409,000,000 is for carrying October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10087 out the community development block grant pro- of law, $60,000,000 shall be available for (as authorized under subtitle C of title IV of gram under title I of the Housing and Commu- YouthBuild program activities authorized by such Act); the section 8 moderate rehabilitation nity Development Act of 1974, as amended (the subtitle D of title IV of the Cranston-Gonzalez single room occupancy program (as authorized ‘‘Act’’ herein) (42 U.S.C. 5301), to remain avail- National Affordable Housing Act, as amended, under the United States Housing Act of 1937, as able until September 30, 2003: Provided further, and such activities shall be an eligible activity amended) to assist homeless individuals pursu- That $71,000,000 shall be for grants to Indian with respect to any funds made available under ant to section 441 of the Stewart B. McKinney tribes notwithstanding section 106(a)(1) of such this heading: Provided, That local YouthBuild Homeless Assistance Act; and the shelter plus Act, $3,000,000 shall be available as a grant to programs that demonstrate an ability to leverage care program (as authorized under subtitle F of the Housing Assistance Council, $2,600,000 shall private and nonprofit funding shall be given a title IV of such Act), $1,025,000,000, to remain be available as a grant to the National Amer- priority for YouthBuild funding: Provided fur- available until expended: Provided, That not ican Indian Housing Council, $10,000,000 shall ther, That no more than ten percent of any less than 30 percent of these funds shall be used be available as a grant to the National Housing grant award may be used for administrative for permanent housing, and all funding for Development Corporation, for operating ex- costs: Provided further, That not less than services must be matched by 25 percent in fund- penses not to exceed $2,000,000 and for a pro- $10,000,000 shall be available for grants to estab- ing by each grantee: Provided further, That all gram of affordable housing acquisition and re- lish YouthBuild programs in underserved and awards of assistance under this heading shall be habilitation, and $45,500,000 shall be for grants rural areas: Provided further, That of the required to coordinate and integrate homeless pursuant to section 107 of the Act of which amount provided under this paragraph, programs with other mainstream health, social $3,000,000 shall be made available to support $4,000,000 shall be set aside and made available services, and employment programs for which Alaska Native serving institutions and native for a grant to Youthbuild USA for capacity homeless populations may be eligible, including Hawaiian serving institutions, as defined under building for community development and afford- Medicaid, State Children’s Health Insurance the Higher Education Act, as amended, and of able housing activities as specified in section 4 Program, Temporary Assistance for Needy Fami- which $3,000,000 shall be made available to trib- of the HUD Demonstration Act of 1993, as lies, Food Stamps, and services funding through al colleges and universities to build, expand, amended. the Mental Health and Substance Abuse Block renovate, and equip their facilities: Provided Of the amounts made available under this Grant, Workforce Investment Act, and the Wel- further, That not to exceed 20 percent of any heading, $2,000,000 shall be available to the fare-to-Work grant program: Provided further, grant made with funds appropriated herein Utah Housing Finance Agency for the tem- That up to 1.5 percent of the funds appropriated (other than a grant made available in this para- porary use of relocatable housing during the under this heading is transferred to the Working graph to the Housing Assistance Council or the 2002 Winter Olympic Games provided such hous- Capital Fund to be used for technical assistance National American Indian Housing Council, or ing is targeted to the housing needs of low-in- for management information systems and to de- a grant using funds under section 107(b)(3) of come families after the Games. velop an automated, client-level Annual Per- the Housing and Community Development Act Of the amount made available under this formance Report System: Provided further, That of 1974, as amended) shall be expended for heading, $292,000,000 shall be available for $500,000 shall be made available to the Inter- ‘‘Planning and Management Development’’ and grants for the Economic Development Initiative agency Council on the Homeless for administra- ‘‘Administration’’ as defined in regulations pro- (EDI) to finance a variety of targeted economic tive needs. mulgated by the department: Provided further, investments in accordance with the terms and SHELTER PLUS CARE RENEWALS That $15,000,000 shall be transferred to the conditions specified in the statement of man- For the renewal on an annual basis of con- Working Capital Fund for the development and agers accompanying this conference report. tracts expiring during fiscal years 2001 and 2002 maintenance of information technology systems: For the cost of guaranteed loans, $29,000,000, under the Shelter Plus Care program, as author- Provided further, That $20,000,000 shall be for as authorized by section 108 of the Housing and ized under subtitle F of title IV of the Stewart grants pursuant to the Self Help Housing Op- Community Development Act of 1974: Provided, B. McKinney Homeless Assistance Act, as portunity Program. That such costs, including the cost of modifying amended, $100,000,000, to remain available until Of the amount made available under this such loans, shall be as defined in section 502 of expended: Provided, That each Shelter Plus heading, $28,450,000 shall be made available for the Congressional Budget Act of 1974, as amend- Care project with an expiring contract shall be capacity building, of which $25,000,000 shall be ed: Provided further, That these funds are eligible for renewal only if the project is deter- made available for ‘‘Capacity Building for Com- available to subsidize total loan principal, any mined to be needed under the applicable con- munity Development and Affordable Housing’’, part of which is to be guaranteed, not to exceed tinuum of care and meets appropriate program for LISC and the Enterprise Foundation for ac- $1,261,000,000, notwithstanding any aggregate requirements and financial standards, as deter- tivities as authorized by section 4 of the HUD limitation on outstanding obligations guaran- mined by the Secretary. Demonstration Act of 1993 (Public Law 103–120), teed in section 108(k) of the Housing and Com- HOUSING PROGRAMS as in effect immediately before June 12, 1997, of munity Development Act of 1974: Provided fur- which not less than $5,000,000 of the funding HOUSING FOR SPECIAL POPULATIONS ther, That in addition, for administrative ex- shall be used in rural areas, including tribal (INCLUDING TRANSFER OF FUNDS) penses to carry out the guaranteed loan pro- areas, and of which $3,450,000 shall be made For assistance for the purchase, construction, gram, $1,000,000, which shall be transferred to available for capacity building activities admin- acquisition, or development of additional public and merged with the appropriation for ‘‘Salaries istered by Habitat for Humanity International. and subsidized housing units for low income and expenses’’. Of the amount made available under this families not otherwise provided for, $996,000,000, heading, the Secretary of Housing and Urban BROWNFIELDS REDEVELOPMENT to remain available until expended: Provided, Development may use up to $55,000,000 for sup- For Economic Development Grants, as author- That $779,000,000 shall be for capital advances, portive services for public housing residents, as ized by section 108(q) of the Housing and Com- including amendments to capital advance con- authorized by section 34 of the United States munity Development Act of 1974, as amended, tracts, for housing for the elderly, as authorized Housing Act of 1937, as amended, and for resi- for Brownfields redevelopment projects, by section 202 of the Housing Act of 1959, as dents of housing assisted under the Native $25,000,000, to remain available until expended: amended, and for project rental assistance, and American Housing Assistance and Self-Deter- Provided, That the Secretary of Housing and amendments to contracts for project rental as- mination Act of 1996 (NAHASDA) and for grants Urban Development shall make these grants sistance, for the elderly under such section for service coordinators and congregate services available on a competitive basis as specified in 202(c)(2), and for supportive services associated for the elderly and disabled residents of public section 102 of the Department of Housing and with the housing, of which amount $50,000,000 and assisted housing and housing assisted Urban Development Reform Act of 1989. shall be for service coordinators and the con- under NAHASDA. HOME INVESTMENT PARTNERSHIPS PROGRAM tinuation of existing congregate service grants Of the amount made available under this (INCLUDING TRANSFER OF FUNDS) for residents of assisted housing projects and of which amount $50,000,000 shall be for grants heading, $44,000,000 shall be available for neigh- For the HOME investment partnerships pro- under section 202b of the Housing Act of 1959 (12 borhood initiatives that are utilized to improve gram, as authorized under title II of the Cran- U.S.C. 1701q–2) for conversion of eligible projects the conditions of distressed and blighted areas ston-Gonzalez National Affordable Housing Act, under such section to assisted living or related and neighborhoods, to stimulate investment, as amended, $1,800,000,000 to remain available use: Provided further, That of the amount economic diversification, and community revi- until expended: Provided, That up to $20,000,000 under this heading, $217,000,000 shall be for cap- talization in areas with population outmigration of these funds shall be available for Housing ital advances, including amendments to capital or a stagnating or declining economic base, or to Counseling under section 106 of the Housing advance contracts, for supportive housing for determine whether housing benefits can be inte- and Urban Development Act of 1968: Provided persons with disabilities, as authorized by sec- grated more effectively with welfare reform ini- further, That $17,000,000 shall be transferred to tion 811 of the Cranston-Gonzalez National Af- tiatives: Provided, That any unobligated bal- the Working Capital Fund for the development fordable Housing Act, for project rental assist- ances of amounts set aside for neighborhood ini- and maintenance of information technology sys- ance, for amendments to contracts for project tiatives in fiscal years 1998, 1999, and 2000 may tems. be utilized for any of the foregoing purposes: rental assistance, and supportive services associ- Provided further, That these grants shall be HOMELESS ASSISTANCE GRANTS ated with the housing for persons with disabil- provided in accord with the terms and condi- (INCLUDING TRANSFER OF FUNDS) ities as authorized by section 811 of such Act: tions specified in the statement of managers ac- For the emergency shelter grants program (as Provided further, That $1,000,000, to be divided companying this conference report. authorized under subtitle B of title IV of the evenly between the appropriations for the sec- Of the amount made available under this Stewart B. McKinney Homeless Assistance Act, tion 202 and section 811 programs, shall be heading, notwithstanding any other provision as amended); the supportive housing program transferred to the Working Capital Fund for the H10088 CONGRESSIONAL RECORD — HOUSE October 18, 2000 development and maintenance of information Housing Act that have not been obligated or title VIII of the Civil Rights Act of 1968, as technology systems: Provided further, That the that are deobligated shall be available to the amended by the Fair Housing Amendments Act Secretary may designate up to 25 percent of the Secretary of Housing and Urban Development in of 1988, and section 561 of the Housing and amounts earmarked under this paragraph for connection with the making of such guarantees Community Development Act of 1987, as amend- section 811 of such Act for tenant-based assist- and shall remain available until expended, not- ed, $46,000,000, to remain available until Sep- ance, as authorized under that section, includ- withstanding the expiration of any period of tember 30, 2002, of which $24,000,000 shall be to ing such authority as may be waived under the availability otherwise applicable to such carry out activities pursuant to such section 561: next proviso, which assistance is 5 years in du- amounts. Provided, That no funds made available under ration: Provided further, That the Secretary Gross obligations for the principal amount of this heading shall be used to lobby the executive may waive any provision of such section 202 and direct loans, as authorized by sections 204(g), or legislative branches of the Federal Govern- such section 811 (including the provisions gov- 207(l), 238, and 519(a) of the National Housing ment in connection with a specific contract, erning the terms and conditions of project rental Act, shall not exceed $50,000,000; of which not to grant or loan. exceed $30,000,000 shall be for bridge financing assistance and tenant-based assistance) that the OFFICE OF LEAD HAZARD CONTROL Secretary determines is not necessary to achieve in connection with the sale of multifamily real the objectives of these programs, or that other- properties owned by the Secretary and formerly LEAD HAZARD REDUCTION wise impedes the ability to develop, operate, or insured under such Act; and of which not to ex- For the Lead Hazard Reduction Program, as administer projects assisted under these pro- ceed $20,000,000 shall be for loans to nonprofit authorized by sections 1011 and 1053 of the Resi- grams, and may make provision for alternative and governmental entities in connection with dential Lead-Based Hazard Reduction Act of conditions or terms where appropriate. the sale of single-family real properties owned 1992, $100,000,000 to remain available until ex- FLEXIBLE SUBSIDY FUND by the Secretary and formerly insured under pended, of which $1,000,000 shall be for such Act. CLEARCorps and $10,000,000 shall be for the (TRANSFER OF FUNDS) In addition, for administrative expenses nec- Healthy Homes Initiative, pursuant to sections From the Rental Housing Assistance Fund, all essary to carry out the guaranteed and direct 501 and 502 of the Housing and Urban Develop- uncommitted balances of excess rental charges loan programs, $211,455,000, of which ment Act of 1970 that shall include research, as of September 30, 2000, and any collections $193,134,000, shall be transferred to the appro- studies, testing, and demonstration efforts, in- made during fiscal year 2001, shall be trans- priation for ‘‘Salaries and expenses’’; and of cluding education and outreach concerning ferred to the Flexible Subsidy Fund, as author- which $18,321,000 shall be transferred to the ap- lead-based paint poisoning and other housing- ized by section 236(g) of the National Housing propriation for ‘‘Office of Inspector General’’. related environmental diseases and hazards. Act, as amended. In addition, for administrative contract ex- MANAGEMENT AND ADMINISTRATION FEDERAL HOUSING ADMINISTRATION penses necessary to carry out the guaranteed FHA—MUTUAL MORTGAGE INSURANCE PROGRAM and direct loan programs, $144,000,000, of which SALARIES AND EXPENSES ACCOUNT $33,500,000 shall be transferred to the Working (INCLUDING TRANSFERS OF FUNDS) Capital Fund for the development and mainte- (INCLUDING TRANSFERS OF FUNDS) For necessary administrative and non-admin- nance of information technology systems: Pro- istrative expenses of the Department of Housing During fiscal year 2001, commitments to guar- vided, That to the extent guaranteed loan com- and Urban Development, not otherwise provided antee loans to carry out the purposes of section mitments exceed $8,426,000,000 on or before April for, including not to exceed $7,000 for official re- 203(b) of the National Housing Act, as amended, 1, 2001, an additional $19,800,000 for administra- ception and representation expenses, shall not exceed a loan principal of tive contract expenses shall be available for $1,072,000,000, of which $518,000,000 shall be pro- $160,000,000,000. each $1,000,000 in additional guaranteed loan vided from the various funds of the Federal During fiscal year 2001, obligations to make commitments over $8,426,000,000 (including a pro direct loans to carry out the purposes of section rata amount for any increment below Housing Administration, $9,383,000 shall be pro- 204(g) of the National Housing Act, as amended, $1,000,000), but in no case shall funds made vided from funds of the Government National shall not exceed $250,000,000: Provided, That the available by this proviso exceed $14,400,000. Mortgage Association, $1,000,000 shall be pro- foregoing amount shall be for loans to nonprofit vided from the ‘‘Community development fund’’ GOVERNMENT NATIONAL MORTGAGE ASSOCIATION and governmental entities in connection with account, $150,000 shall be provided by transfer sales of single family real properties owned by GUARANTEES OF MORTGAGE-BACKED SECURITIES from the ‘‘Title VI Indian federal guarantees the Secretary and formerly insured under the LOAN GUARANTEE PROGRAM ACCOUNT program’’ account, and $200,000 shall be pro- Mutual Mortgage Insurance Fund. (INCLUDING TRANSFER OF FUNDS) vided by transfer from the ‘‘Indian housing loan For administrative expenses necessary to New commitments to issue guarantees to carry guarantee fund program’’ account: Provided, carry out the guaranteed and direct loan pro- out the purposes of section 306 of the National That the Secretary is prohibited from using any gram, $330,888,000, of which not to exceed Housing Act, as amended (12 U.S.C. 1721(g)), funds under this heading or any other heading $324,866,000 shall be transferred to the appro- shall not exceed $200,000,000,000, to remain in this Act from employing more than 77 sched- priation for ‘‘Salaries and expenses’’; and not to available until September 30, 2002. ule C and 20 noncareer Senior Executive Service exceed $4,022,000 shall be transferred to the ap- For administrative expenses necessary to employees: Provided further, That not more propriation for ‘‘Office of Inspector General’’. carry out the guaranteed mortgage-backed secu- than $758,000,000 shall be made available to the In addition, for administrative contract ex- rities program, $9,383,000 to be derived from the personal services object class: Provided further, penses, $160,000,000, of which $96,500,000 shall GNMA guarantees of mortgage-backed securities That no less than $100,000,000 shall be trans- be transferred to the Working Capital Fund for guaranteed loan receipt account, of which not ferred to the Working Capital Fund for the de- the development and maintenance of informa- to exceed $9,383,000 shall be transferred to the velopment and maintenance of Information tion technology systems: Provided, That to the appropriation for ‘‘Salaries and expenses’’. Technology Systems: Provided further, That the extent guaranteed loan commitments exceed POLICY DEVELOPMENT AND RESEARCH Secretary shall fill 7 out of 10 vacancies at the $65,500,000,000 on or before April 1, 2001 an ad- RESEARCH AND TECHNOLOGY GS–14 and GS–15 levels until the total number of ditional $1,400 for administrative contract ex- For contracts, grants, and necessary expenses GS–14 and GS–15 positions in the Department penses shall be available for each $1,000,000 in of programs of research and studies relating to has been reduced from the number of GS–14 and additional guaranteed loan commitments (in- housing and urban problems, not otherwise pro- GS–15 positions on the date of enactment of this cluding a pro rata amount for any amount vided for, as authorized by title V of the Hous- provision by two and one-half percent: Provided below $1,000,000), but in no case shall funds ing and Urban Development Act of 1970, as further, That the Secretary shall submit a staff- made available by this proviso exceed amended (12 U.S.C. 1701z–1 et seq.), including ing plan for the Department by May 15, 2001: $16,000,000. carrying out the functions of the Secretary Provided further, That the Secretary is prohib- FHA—GENERAL AND SPECIAL RISK PROGRAM under section 1(a)(1)(i) of Reorganization Plan ited from using funds under this heading or any ACCOUNT No. 2 of 1968, $53,500,000, to remain available other heading in this Act to employ more than (INCLUDING TRANSFERS OF FUNDS) until September 30, 2002: Provided, That of the 14 employees in the Office of Public Affairs or in For the cost of guaranteed loans, as author- amount provided under this heading, $10,000,000 any position in the Department where the em- ized by sections 238 and 519 of the National shall be for the Partnership for Advancing ployee reports to an employee of the Office of Housing Act (12 U.S.C. 1715z–3 and 1735c), in- Technology in Housing (PATH) Initiative: Pro- Public Affairs. cluding the cost of loan guarantee modifications vided further, That $3,000,000 shall be for pro- OFFICE OF INSPECTOR GENERAL (as that term is defined in section 502 of the gram evaluation to support strategic planning, For necessary expenses of the Office of In- Congressional Budget Act of 1974, as amended), performance measurement, and their coordina- spector General in carrying out the Inspector $101,000,000, to remain available until expended: tion with the Department’s budget process: Pro- General Act of 1978, as amended, $85,000,000, of Provided, That these funds are available to sub- vided further, That $500,000, to remain available which $22,343,000 shall be provided from the var- sidize total loan principal, any part of which is until expended, shall be for a commission as es- ious funds of the Federal Housing Administra- to be guaranteed, of up to $21,000,000,000: Pro- tablished under section 525 of Preserving Afford- tion and $10,000,000 shall be provided from the vided further, That any amounts made available able Housing for Senior Citizens and Families amount earmarked for Operation Safe Home in in any prior appropriations Act for the cost (as into the 21st Century Act. the appropriation for ‘‘Drug elimination grants such term is defined in section 502 of the Con- FAIR HOUSING AND EQUAL OPPORTUNITY for low-income housing’’: Provided, That the In- gressional Budget Act of 1974) of guaranteed FAIR HOUSING ACTIVITIES spector General shall have independent author- loans that are obligations of the funds estab- For contracts, grants, and other assistance, ity over all personnel issues within the Office of lished under section 238 or 519 of the National not otherwise provided for, as authorized by Inspector General. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10089

OFFICE OF FEDERAL HOUSING ENTERPRISE (c) ENVIRONMENTAL REVIEW.—Section 856 of Housing Act is amended by inserting after ‘‘De- OVERSIGHT the Act is amended by adding the following new cember 31, 2002’’ the following: ‘‘, except that SALARIES AND EXPENSES subsection at the end: this subparagraph shall continue to apply if the ‘‘(h) ENVIRONMENTAL REVIEW.—For purposes Secretary receives a mortgagee’s written notice (INCLUDING TRANSFER OF FUNDS) of environmental review, a grant under this sub- of intent to assign its mortgage to the Secretary For carrying out the Federal Housing Enter- title shall be treated as assistance for a special on or before such date’’. prise Financial Safety and Soundness Act of project that is subject to section 305(c) of the (c) MORTGAGEE REVIEW BOARD.—Section 1992, including not to exceed $500 for official re- Multifamily Housing Property Disposition Re- 202(c)(2) of the National Housing Act is amend- ception and representation expenses, $22,000,000, form Act of 1994, and shall be subject to the reg- ed— to remain available until expended, to be de- ulations issued by the Secretary to implement (1) in subparagraph (E), by striking ‘‘and’’; rived from the Federal Housing Enterprise Over- such section.’’. (2) in subparagraph (F), by striking ‘‘or their sight Fund: Provided, That not to exceed such ENHANCED DISPOSITION AUTHORITY designees.’’ and inserting ‘‘and’’; amount shall be available from the General (3) by adding the following new subparagraph Fund of the Treasury to the extent necessary to SEC. 204. Section 204 of the Departments of at the end: incur obligations and make expenditures pend- Veterans Affairs and Housing and Urban Devel- ing the receipt of collections to the Fund: Pro- opment, and Independent Agencies Appropria- ‘‘(G) the Director of the Enforcement Center; vided further, That the General Fund amount tions Act, 1997, is amended by striking ‘‘and or their designees.’’. shall be reduced as collections are received dur- 2000’’ and inserting ‘‘2000, and thereafter’’. INDIAN HOUSING BLOCK GRANT PROGRAM ing the fiscal year so as to result in a final ap- MAXIMUM PAYMENT STANDARD FOR ENHANCED SEC. 210. Section 201(b) of the Native Amer- propriation from the General Fund estimated at VOUCHERS ican Housing Assistance and Self-Determination not more than $0. SEC. 205. Section 8(t)(1)(B) of the United Act of 1996 is amended— States Housing Act of 1937 is amended by insert- ADMINISTRATIVE PROVISIONS (1) by redesignating paragraphs (4) and (5) as ing ‘‘and any other reasonable limit prescribed paragraphs (5) and (6) respectively; and FINANCING ADJUSTMENT FACTORS by the Secretary’’ immediately before the semi- (2) by inserting after paragraph (3) the fol- SEC. 201. Fifty percent of the amounts of colon. lowing new paragraph: budget authority, or in lieu thereof 50 percent of DUE PROCESS FOR HOMELESS ASSISTANCE ‘‘(4) LAW ENFORCEMENT OFFICERS.—Notwith- the cash amounts associated with such budget SEC. 206. None of the funds appropriated standing paragraph (1), a recipient may provide authority, that are recaptured from projects de- under this or any other Act may be used by the housing or housing assistance provided through scribed in section 1012(a) of the Stewart B. Secretary of Housing and Urban Development to affordable housing activities assisted with grant McKinney Homeless Assistance Amendments Act prohibit or debar or in any way diminish the re- amounts under this Act to a law enforcement of- of 1988 (Public Law 100–628; 102 Stat. 3224, 3268) sponsibilities of any entity (and the individuals ficer on the reservation or other Indian area, shall be rescinded, or in the case of cash, shall comprising that entity) that is responsible for who is employed full-time by a Federal, state, be remitted to the Treasury, and such amounts convening and managing a continuum of care county or tribal government, and in imple- of budget authority or cash recaptured and not process (convenor) in a community for purposes menting such full-time employment is sworn to rescinded or remitted to the Treasury shall be of the Stewart B. McKinney Homeless Assist- uphold, and make arrests for violations of Fed- used by State housing finance agencies or local ance Act from participating in that capacity un- eral, state, county or tribal law, if the recipient governments or local housing agencies with less the Secretary has published in the Federal determines that the presence of the law enforce- projects approved by the Secretary of Housing Register a description of all circumstances that ment officer on the Indian reservation or other and Urban Development for which settlement would be grounds for prohibiting or debarring a Indian area may deter crime.’’. occurred after January 1, 1992, in accordance convenor from administering a continuum of PROHIBITION ON THE USE OF FEDERAL ASSISTANCE with such section. Notwithstanding the previous care process and the procedures for a prohibi- IN SUPPORT OF THE SALE OF TOBACCO PRODUCTS sentence, the Secretary may award up to 15 per- tion or debarment: Provided, That these proce- cent of the budget authority or cash recaptured dures shall include a requirement that a SEC. 211. None of the funds appropriated in and not rescinded or remitted to the Treasury to convenor shall be provided with timely notice of this or any other Act may be used by the Sec- provide project owners with incentives to refi- a proposed prohibition or debarment, an identi- retary of Housing and Urban Development to nance their project at a lower interest rate. fication of the circumstances that could result provide any grant or other assistance to con- FAIR HOUSING AND FREE SPEECH in the prohibition or debarment, an opportunity struct, operate, or otherwise benefit a facility, or facility with a designated portion of that facil- SEC. 202. None of the amounts made available to respond to or remedy these circumstances, ity, which sells, or intends to sell, predomi- under this Act may be used during fiscal year and the right for judicial review of any decision nantly cigarettes or other tobacco products. For 2001 to investigate or prosecute under the Fair of the Secretary that results in a prohibition or the purposes of this provision, predominant sale Housing Act any otherwise lawful activity en- debarment. of cigarettes or other tobacco products means gaged in by one or more persons, including the HUD REFORM ACT COMPLIANCE cigarette or tobacco sales representing more filing or maintaining of a non-frivolous legal ac- SEC. 207. Except as explicitly provided in legis- than 35 percent of the annual total in-store, tion, that is engaged in solely for the purpose of lation, any grant or assistance made pursuant non-fuel, sales. achieving or preventing action by a Government to Title II of this Act shall be made in accord- official or entity, or a court of competent juris- ance with section 102 of the Department of PROHIBITION ON IMPLEMENTATION OF PUERTO diction. Housing and Urban Development Reform Act of RICO PUBLIC HOUSING ADMINISTRATION SETTLE- MENT AGREEMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 1989 on a competitive basis. GRANTS EXPANSION OF ENVIRONMENTAL ASSUMPTION SEC. 212. No funds may be used to implement the agreement between the Commonwealth of SEC. 203. (a) ELIGIBILITY.—Notwithstanding AUTHORITY FOR HOMELESS ASSISTANCE PROGRAMS section 854(c)(1)(A) of the AIDS Housing Oppor- SEC. 208. Section 443 of the Stewart B. McKin- Puerto Rico, the Puerto Rico Public Housing tunity Act (42 U.S.C. 12903(c)(1)(A)), from any ney Homeless Assistance Act is amended to read Administration, and the Department of Housing amounts made available under this title for fis- as follows: and Urban Development, dated June 7, 2000, re- lated to the allocation of operating subsidies for cal year 2001 that are allocated under such sec- ‘‘SEC. 443. ENVIRONMENTAL REVIEW. the Puerto Rico Public Housing Administration tion, the Secretary of Housing and Urban Devel- ‘‘For purposes of environmental review, assist- unless the Puerto Rico Public Housing Adminis- opment shall allocate and make a grant, in the ance and projects under this title shall be treat- tration and the Department of Housing and amount determined under subsection (b), for ed as assistance for special projects that are Urban Development submit by December 31, 2000 any State that— subject to section 305(c) of the Multifamily a schedule of benchmarks and measurable goals (1) received an allocation in a prior fiscal year Housing Property Disposition Reform Act of to the House and Senate Committees on Appro- under clause (ii) of such section; and 1994, and shall be subject to the regulations priations designed to address issues of mis- (2) is not otherwise eligible for an allocation issued by the Secretary to implement such sec- management and safeguards against fraud and for fiscal year 2001 under such clause (ii) be- tion.’’. abuse. cause the areas in the State outside of the met- TECHNICAL AMENDMENTS AND CORRECTIONS TO HOPE VI GRANT FOR HOLLANDER RIDGE ropolitan statistical areas that qualify under THE NATIONAL HOUSING ACT clause (i) in fiscal year 2001 do not have the SEC. 209. (a) SECTION 203 SUBSECTION DES- SEC. 213. The Housing Authority of Baltimore number of cases of acquired immunodeficiency IGNATIONS.—Section 203 of the National Housing City may use the grant award of $20,000,000 syndrome required under such clause. Act is amended by— made to such authority for development efforts (b) AMOUNT.—The amount of the allocation (1) redesignating subsection (t) as subsection at Hollander Ridge in Baltimore, Maryland with and grant for any State described in subsection (u); funds appropriated for fiscal year 1996 under (a) shall be an amount based on the cumulative (2) redesignating subsection (s), as added by the heading ‘‘Public Housing Demolition, Site number of AIDS cases in the areas of that State section 329 of the Cranston-Gonzalez National Revitalization, and Replacement Housing that are outside of metropolitan statistical areas Affordable Housing Act, as subsection (t); and Grants’’ for use, as approved by the Secretary of that qualify under clause (i) of such section (3) redesignating subsection (v), as added by Housing and Urban Development— 854(c)(1)(A) in fiscal year 2001, in proportion to section 504 of the Housing and Community De- (1) for activities related to the revitalization of AIDS cases among cities and States that qualify velopment Act of 1992, as subsection (w). the Hollander Ridge site; and under clauses (i) and (ii) of such section and (b) MORTGAGE AUCTIONS.—The first sentence (2) in accordance with section 24 of the United States deemed eligible under subsection (a). of section 221(g)(4)(C)(viii) of the National States Housing Act of 1937. H10090 CONGRESSIONAL RECORD — HOUSE October 18, 2000

COMPUTER ACCESS FOR PUBLIC HOUSING within the county boundaries there are no unin- after ‘‘public housing’’ the following: ‘‘and RESIDENTS corporated areas, (II) has a population of not housing assisted under the Native American SEC. 214. (a) USE OF PUBLIC HOUSING CAPITAL less than 650,000, (III) for more than 10 years, Housing Assistance and Self-Determination Act AND OPERATING FUNDS.—Section 9 of the United has been classified as a metropolitan city for of 1996’’. States Housing Act of 1937 is amended— purposes of allocating and distributing funds TREATMENT OF EXPIRING ECONOMIC (1) in subsection (d)(1)(E), by inserting before under section 106, and (IV) as of the date of en- DEVELOPMENT INITIATIVE GRANTS the semicolon the following: ‘‘, including the es- actment of this clause, has over 90 percent of SEC. 222. (a) AVAILABILITY.—Section 220(a) of tablishment and initial operation of computer the county’s population within the jurisdiction the Departments of Veterans Affairs and Hous- centers in and around public housing through a of the consolidated government; or ing and Urban Development, and Independent Neighborhood Networks initiative, for the pur- ‘‘(viii) notwithstanding any other provision of Agencies Appropriations Act, 2000 (Public Law pose of enhancing the self-sufficiency, employ- this section, any county that was classified as 106–74; 113 Stat. 1075) is amended by striking ability, and economic self-reliance of public an urban county pursuant to subparagraph (A) ‘‘September 30, 2000’’ and inserting ‘‘September housing residents by providing them with onsite for fiscal year 1999, at the option of the county, 30, 2001’’. computer access and training resources’’; may hereafter remain classified as an urban (b) APPLICABILITY.—The Secretary of the (2) in subsection (e)(1)— county for purposes of this Act.’’. Treasury and the Secretary of Housing and (A) in subparagraph (I), by striking the word EXEMPTION FOR ALASKA AND MISSISSIPPI FROM Urban Development shall take such actions as ‘‘and’’ at the end; REQUIREMENT OF RESIDENT ON BOARD OF PHA may be necessary to carry out such section 220 (B) in subparagraph (J), by striking the period SEC. 218. Public housing agencies in the States (as amended by this subsection (a) of this sec- and inserting ‘‘; and’’; and of Alaska and Mississippi shall not be required tion) notwithstanding any actions taken pre- (C) by adding after subparagraph (J) the fol- to comply with section 2(b) of the United States viously pursuant to section 1552 of title 31, lowing: Housing Act of 1937, as amended, during fiscal United States Code. ‘‘(K) the costs of operating computer centers year 2001. HOME PROGRAM DISASTER FUNDING FOR ELDERLY in public housing through a Neighborhood Net- USE OF MODERATE REHABILITATION FUNDS FOR HOUSING works initiative described in subsection HOME SEC. 223. Of the amounts made available (d)(1)(E), and of activities related to that initia- SEC. 219. Notwithstanding any other provision under Chapter IX of the Supplemental Appro- tive.’’; and of law, the Secretary of Housing and Urban De- priations Act of 1993 for assistance under the (3) in subsection (h)— velopment shall make the funds available under HOME investment partnerships program to the (A) in paragraph (6), by striking the word contracts NY36K113004 and NY36K113005 of the city of Homestead, Florida (Public Law 103–50; ‘‘and’’ at the end; Department of Housing and Urban Development 107 Stat. 262), up to $583,926.70 shall be made (B) in paragraph (7), by striking the period available for use under the HOME Investment available to Dade County, Florida, for use only and inserting ‘‘; and’’; and Partnerships Act and shall allocate such funds for rehabilitating housing for low-income elderly (C) by inserting after paragraph (7) the fol- to the City of New Rochelle, New York. persons, and such amount shall not be subject lowing: LOMA LINDA REPROGRAMMING to the requirements of such program, except for ‘‘(8) assistance in connection with the estab- section 288 of the HOME Investment Partner- SEC. 220. Of the amounts made available lishment and operation of computer centers in ships Act (42 U.S.C. 12838). public housing through a Neighborhood Net- under the sixth undesignated paragraph under the heading ‘‘Community Planning and Devel- CDBG PUBLIC SERVICES CAP works initiative described in subsection SEC. 224. Section 105(a)(8) of the Housing and (d)(1)(E).’’. opment—Community Development Block Grants’’ in title II of the Departments of Vet- Community Development Act of 1974 is amended (b) DEMOLITION, SITE REVITALIZATION, RE- by striking ‘‘1993’’ and all that follows through PLACEMENT HOUSING, AND TENANT-BASED AS- erans Affairs and Housing and Urban Develop- ment, and Independent Agencies Appropriations ‘‘City of Los Angeles’’ and inserting ‘‘1993 SISTANCE GRANTS FOR PROJECTS.—Section 24 of through 2001 to the City of Los Angeles’’. the United States Housing Act of 1937 is amend- Act, 1999 (Public Law 105–276) for the Economic Development Initiative (EDI) for grants for tar- EXTENSION OF APPLICABILITY OF DOWNPAYMENT ed— SIMPLIFICATION PROVISIONS (1) in subsection (d)(1)(G), by inserting before geted economic investments, the $1,000,000 to be SEC. 225. Subparagraph (A) of section the semicolon the following: ‘‘, including a made available (pursuant to the related provi- sions of the joint explanatory statement in the 203(b)(10) of the National Housing Act (12 Neighborhood Networks initiative for the estab- U.S.C. 1709(b)(10)(A)) is amended, in the matter lishment and operation of computer centers in conference report to accompany such Act (House Report 105–769)) to the City of Loma that precedes clause (i), by striking ‘‘mortgage’’ public housing for the purpose of enhancing the and all that follows through ‘‘involving’’ and self-sufficiency, employability, an economic self- Linda, California, for infrastructure improve- ments at Redlands Boulevard and California inserting ‘‘mortgage closed on or before Decem- reliance of public housing residents by providing ber 31, 2002, involving’’. them with onsite computer access and training Streets shall, notwithstanding such provisions, USE OF SUPPORTIVE HOUSING PROGRAM FUNDS resources’’; and be made available to the City for infrastructure FOR INFORMATION SYSTEMS (2) in subsection (m)(2), in the first sentence, improvements related to the Mountain View SEC. 226. Section 423 of the Stewart B. McKin- by inserting before the period the following ‘‘, Bridge. ney Homeless Assistance Act is amended under including assistance in connection with the es- NATIVE AMERICAN ELIGIBILITY FOR THE ROSS subsection (a) by adding the following para- tablishment and operation of computer centers PROGRAM graph: in public housing through the Neighborhoods SEC. 221. (a) Section 34 of the United States ‘‘(7) MANAGEMENT INFORMATION SYSTEM.—A Networks initiative described in subsection Housing Act of 1937 is amended— grant for the costs of implementing and oper- (d)(1)(G)’’. (1) in the heading, by striking ‘‘PUBLIC ating management information systems for pur- MARK-TO-MARKET REFORM HOUSING’’ and inserting ‘‘PUBLIC AND IN- DIAN HOUSING’’; poses of collecting unduplicated counts of home- SEC. 215. Notwithstanding any other provision less people and analyzing patterns of use of as- of law, the properties known as the Hawthornes (2) in subsection (a)— (A) by inserting after ‘‘residents,’’ the fol- sistance funded under this Act.’’. in Independence, Missouri shall be considered INDIAN HOUSING LOAN GUARANTEE REFORM eligible multifamily housing projects for pur- lowing: ‘‘recipients under the Native American Housing Assistance and Self-Determination Act SEC. 227. Section 184 of the Housing and Com- poses of participating in the multifamily hous- munity Development Act of 1992 is amended— ing restructuring program pursuant to title V of of 1996 (notwithstanding section 502 of such Act) on behalf of residents of housing assisted (1) in subsection (a), by striking ‘‘or as a re- the Departments of Veterans Affairs and Hous- sult of a lack of access to private financial mar- ing and Urban Development, and Independent under such Act,’’ and (B) by inserting after ‘‘public housing resi- kets’’; and Agencies Appropriations Act, 1998 (Public Law dents’’ the second place it appears the fol- (2) in subsection (b)(2), by inserting ‘‘refi- 105–65). lowing: ‘‘and residents of housing assisted nance,’’ after ‘‘acquire,’’. SECTION 236 EXCESS INCOME under such Act’’, USE OF SECTION 8 VOUCHERS FOR OPT-OUTS SEC. 216. Section 236(g)(3)(A) of the National (3) in subsection (b)— SEC. 228. Section 8(t)(2) of the United States Housing Act is amended by striking out ‘‘fiscal (A) by inserting after ‘‘project’’ the first place Housing Act of 1937 is amended by inserting year 2000’’ and inserting in lieu thereof ‘‘fiscal it appears the following: ‘‘or the property of a after ‘‘contract for rental assistance under sec- years 2000 and 2001’’. recipient under such Act or housing assisted tion 8 of the United States Housing Act of 1937 CDBG ELIGIBILITY under such Act’’; for such housing project’’ the following: ‘‘(in- SEC. 217. Section 102(a)(6)(D) of the Housing (B) by inserting after ‘‘public housing resi- cluding any such termination or expiration dur- and Community Development Act of 1974 is dents’’ the following: ‘‘or residents of housing ing fiscal years after fiscal year 1996 prior to the amended by— assisted under such Act’’; and effective date of the Departments of Veterans (1) in clause (v), striking out the ‘‘or’’ at the (C) in subsection (b)(1), by inserting after Affairs and Housing and Urban Development, end; ‘‘public housing project’’ the following: ‘‘or resi- and Independent Agencies Appropriations Act, (2) in clause (vi), striking the period at the dents of housing assisted under such Act’’; and 2001)’’. end; and (4) in subsection (d)(2), by striking ‘‘State or HOMELESS DISCHARGE COORDINATION POLICY (3) adding at the end the following new local’’ and inserting ‘‘State, local, or tribal’’. SEC. 229. (a) DISCHARGE COORDINATION POL- clause: (b) ASSESSMENT AND REPORT.—Section ICY.—Subtitle A of title IV of the Stewart B. ‘‘(vii)(I) has consolidated its government with 538(b)(1) of the Quality Housing and Work Re- McKinney Homeless Assistance Act is amended one or more municipal governments, such that sponsibility Act of 1998 is amended by inserting by adding at the end the following new section: October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10091 ‘‘SEC. 402. DISCHARGE COORDINATION POLICY. that are specifically made available for house- public housing agency pursuant to paragraph ‘‘The Secretary may not provide a grant holds comprised of elderly families, disabled (1)(B), but shall be subject to paragraph (10)(A). under this title for any governmental entity families, and families receiving supportive serv- ‘‘(I) RENT ADJUSTMENTS.—A housing assist- serving as an applicant unless the applicant ices. ance payments contract pursuant to this para- agrees to develop and implement, to the max- ‘‘(E) RESIDENT CHOICE REQUIREMENT.—A graph shall provide for rent adjustments, except imum extent practicable and where appropriate, housing assistance payment contract pursuant that— policies and protocols for the discharge of per- to this paragraph shall provide as follows: ‘‘(i) the adjusted rent for any unit assisted ‘‘(i) MOBILITY.—Each low-income family oc- sons from publicly funded institutions or sys- shall be reasonable in comparison with rents cupying a dwelling unit assisted under the con- tems of care (such as health care facilities, fos- charged for comparable dwelling units in the tract may move from the housing at any time ter care or other youth facilities, or correction private, unassisted, local market and may not after the family has occupied the dwelling unit programs and institutions) in order to prevent exceed the maximum rent permitted under sub- such discharge from immediately resulting in for 12 months. ‘‘(ii) CONTINUED ASSISTANCE.—Upon such a paragraph (H); and homelessness for such persons.’’. ‘‘(ii) the provisions of subsection (c)(2)(C) (b) ASSISTANCE UNDER EMERGENCY SHELTER move, the public housing agency shall provide the low-income family with tenant-based rental shall not apply. GRANTS PROGRAM.—Section 414(a)(4) of the ‘‘(J) TENANT SELECTION.—A public housing Stewart B. McKinney Homeless Assistance Act assistance under this section or such other ten- agency shall select families to receive project- is amended— ant-based rental assistance that is subject to based assistance pursuant to this paragraph (1) in the matter preceding subparagraph (A), comparable income, assistance, rent contribu- from its waiting list for assistance under this by inserting a comma after ‘‘homelessness’’; tion, affordability, and other requirements, as subsection. Eligibility for such project-based as- (2) by striking ‘‘Not’’ and inserting the fol- the Secretary shall provide by regulation. If sistance shall be subject to the provisions of sec- lowing: ‘‘Activities that are eligible for assist- such rental assistance is not immediately avail- tion 16(b) that apply to tenant-based assistance. ance under this paragraph shall include assist- able to fulfill the requirement under the pre- The agency may establish preferences or criteria ance to very low-income families who are dis- ceding sentence with respect to a low-income for selection for a unit assisted under this para- charged from publicly funded institutions or family, such requirement may be met by pro- graph that are consistent with the public hous- systems of care (such as health care facilities, viding the family priority to receive the next ing agency plan for the agency approved under foster care or other youth facilities, or correc- voucher or other tenant-based rental assistance section 5A. Any family that rejects an offer of tion programs and institutions). Not’’. amounts that become available under the pro- gram used to fulfill such requirement. project-based assistance under this paragraph TECHNICAL CHANGE TO SENIORS HOUSING ‘‘(F) CONTRACT TERM.—A housing assistance or that is rejected for admission to a structure COMMISSION payment contract pursuant to this paragraph by the owner or manager of a structure assisted SEC. 230. Section 525 of the Preserving Afford- between a public housing agency and the owner under this paragraph shall retain its place on able Housing for Senior Citizens and Families of a structure may have a term of up to 10 years, the waiting list as if the offer had not been into the 21st Century Act’’ (42 U.S.C. 12701 note) subject to the availability of sufficient appro- made. The owner or manager of a structure as- is amended in subsection (a) by striking ‘‘Com- priated funds for the purpose of renewing expir- sisted under this paragraph shall not admit any mission on Affordable Housing and Health Care ing contracts for assistance payments, as pro- family to a dwelling unit assisted under a con- Facility Needs in the 21st Century’’ and insert- vided in appropriations Acts and in the agen- tract pursuant to this paragraph other than a ing ‘‘Commission on Affordable Housing and cy’s annual contributions contract with the Sec- family referred by the public housing agency Health Facility Needs for Seniors in the 21st retary, and to annual compliance with the in- from its waiting list. Subject to its waiting list Century’’. spection requirements under paragraph (8), ex- policies and selection preferences, a public hous- INTERAGENCY COUNCIL ON THE HOMELESS cept that the agency shall not be required to ing agency may place on its waiting list a family REFORMS make annual inspections of each assisted unit in referred by the owner or manager of a structure SEC. 231. Title II of the Stewart B. McKinney the development. The contract may specify addi- and may maintain a separate waiting list for as- Homeless Assistance Act is amended— tional conditions for its continuation. If the sistance under this paragraph, but only if all (1) in section 202, under subsection (b) by in- units covered by the contract are owned by the families on the agency’s waiting list for assist- serting after the period the following: agency, the term of the contract shall be agreed ance under this subsection are permitted to ‘‘The positions of Chairperson and Vice upon by the agency and the unit of general place their names on the separate list. Chairperson shall rotate among its members on local government or other entity approved by ‘‘(K) VACATED UNITS.—Notwithstanding para- an annual basis.’’; and the Secretary in the manner provided under graph (9), a housing assistance payment con- (2) in section 209 by striking ‘‘1994’’ and in- paragraph (11). tract pursuant to this paragraph may provide as serting ‘‘2005’’. ‘‘(G) EXTENSION OF CONTRACT TERM.—A pub- follows: SECTION 8 PHA PROJECT-BASED ASSISTANCE lic housing agency may enter into a contract ‘‘(i) PAYMENT FOR VACANT UNITS.—That the SEC. 232. (a) IN GENERAL.—Paragraph (13) of with the owner of a structure assisted under a public housing agency may, in its discretion, section 8(o) of the United States Housing Act of housing assistance payment contract pursuant continue to provide assistance under the con- 1937 (42 U.S.C. 1437f(o)(13)) is amended to read to this paragraph to extend the term of the un- tract, for a reasonable period not exceeding 60 as follows: derlying housing assistance payment contract days, for a dwelling unit that becomes vacant, ‘‘(13) PHA PROJECT-BASED ASSISTANCE.— for such period as the agency determines to be but only (I) if the vacancy was not the fault of ‘‘(A) IN GENERAL.—A public housing agency appropriate to achieve long-term affordability of the owner of the dwelling unit, and (II) the may use amounts provided under an annual the housing or to expand housing opportunities. agency and the owner take every reasonable ac- contributions contract under this subsection to Such a contract shall provide that the extension tion to minimize the likelihood and extent of enter into a housing assistance payment con- of such term shall be contingent upon the future any such vacancy. Rental assistance may not be tract with respect to an existing, newly con- availability of appropriated funds for the pur- provided for a vacant unit after the expiration structed, or rehabilitated structure, that is at- pose of renewing expiring contracts for assist- of such period. tached to the structure, subject to the limita- ance payments, as provided in appropriations ‘‘(ii) REDUCTION OF CONTRACT.—That, if de- tions and requirements of this paragraph. Acts, and may obligate the owner to have such spite reasonable efforts of the agency and the ERCENTAGE LIMITATION.—Not more than ‘‘(B) P extensions of the underlying housing assistance owner to fill a vacant unit, no eligible family 20 percent of the funding available for tenant- payment contract accepted by the owner and has agreed to rent the unit within 120 days after based assistance under this section that is ad- the successors in interest of the owner. the owner has notified the agency of the va- ministered by the agency may be attached to ‘‘(H) RENT CALCULATION.—A housing assist- cancy, the agency may reduce its housing as- structures pursuant to this paragraph. ance payment contract pursuant to this para- sistance payments contract with the owner by ‘‘(C) CONSISTENCY WITH PHA PLAN AND OTHER graph shall establish rents for each unit assisted the amount equivalent to the remaining months GOALS.—A public housing agency may approve in an amount that does not exceed 110 percent of subsidy attributable to the vacant unit. a housing assistance payment contract pursuant of the applicable fair market rental (or any ex- Amounts deobligated pursuant to such a con- to this paragraph only if the contract is con- ception payment standard approved by the Sec- tract provision shall be available to the agency sistent with— retary pursuant to paragraph (1)(D)), except to provide assistance under this subsection. ‘‘(i) the public housing agency plan for the that if a contract covers a dwelling unit that agency approved under section 5A; and has been allocated low-income housing tax cred- Eligible applicants for assistance under this sub- ‘‘(ii) the goal of deconcentrating poverty and its pursuant to section 42 of the Internal Rev- section may enforce provisions authorized by expanding housing and economic opportunities. enue Code of 1986 (26 U.S.C. 42) and is not lo- this subparagraph.’’. ‘‘(D) INCOME MIXING REQUIREMENT.— cated in a qualified census tract (as such term (b) APPLICABILITY.—In the case of any dwell- ‘‘(i) IN GENERAL.—Not more than 25 percent of is defined in subsection (d) of such section 42), ing unit that, upon the date of the enactment of the dwelling units in any building may be as- the rent for such unit may be established at any this Act, is assisted under a housing assistance sisted under a housing assistance payment con- level that does not exceed the rent charged for payment contract under section 8(o)(13) of the tract for project-based assistance pursuant to comparable units in the building that also re- United States Housing Act of 1937 (42 U.S.C. this paragraph. ceive the low-income housing tax credit but do 1437f(o)(13)) as in effect before such enactment, ‘‘(ii) EXCEPTIONS.—The limitation under not have additional rental assistance. The rents such assistance may be extended or renewed clause (i) shall not apply in the case of assist- established by housing assistance payment con- notwithstanding the requirements under sub- ance under a contract for housing consisting of tracts pursuant to this paragraph may vary paragraphs (C), (D), and (E) of such section single family properties or for dwelling units from the payment standards established by the 8(o)(13), as amended by subsection (a). H10092 CONGRESSIONAL RECORD — HOUSE October 18, 2000

DISPOSITION OF HUD-HELD AND HUD-OWNED MUL- when required by law of such countries, until September 30, 2002: Provided, That not TIFAMILY PROJECTS FOR THE ELDERLY OR DIS- $28,000,000, to remain available until expended. more than $31,000,000 shall be available for ad- ABLED CHEMICAL SAFETY AND HAZARD INVESTIGATION ministrative expenses authorized under section SEC. 233. Notwithstanding any other provision BOARD 501(a)(4) of the Act (42 U.S.C. 12671(a)(4)) with not less than $2,000,000 targeted for the acquisi- of law, in managing and disposing of any multi- SALARIES AND EXPENSES family property that is owned or held by the tion of a cost accounting system for the Cor- For necessary expenses in carrying out activi- Secretary and is occupied primarily by elderly or poration’s financial management system, an in- ties pursuant to section 112(r)(6) of the Clean disabled families, the Secretary of Housing and tegrated grants management system that pro- Air Act, including hire of passenger vehicles, Urban Development shall maintain any rental vides comprehensive financial management in- and for services authorized by 5 U.S.C. 3109, but assistance payments under section 8 of the formation for all Corporation grants and coop- at rates for individuals not to exceed the per United States Housing Act of 1937 that are at- erative agreements, and the establishment, oper- diem equivalent to the maximum rate payable tached to any dwelling units in the property. To ation and maintenance of a central archives for senior level positions under 5 U.S.C. 5376, the extent the Secretary determines that such a serving as the repository for all grant, coopera- $7,500,000, $5,000,000 of which to remain avail- multifamily property owned or held by the Sec- tive agreement, and related documents, without able until September 30, 2001 and $2,500,000 of retary is not feasible for continued rental assist- regard to the provisions of section 501(a)(4)(B) which to remain available until September 30, ance payments under such section 8, the Sec- of the Act: Provided further, That not more 2002: Provided, That the Chemical Safety and retary may, in consultation with the tenants of than $2,500 shall be for official reception and Hazard Investigation Board shall have not more that property, contract for project-based rental representation expenses: Provided further, That than three career Senior Executive Service posi- assistance payments with an owner or owners of not more than $70,000,000, to remain available tions: Provided further, That there shall be an other existing housing properties or provide without fiscal year limitation, shall be trans- Inspector General at the Board who shall have other rental assistance. ferred to the National Service Trust account for the duties, responsibilities, and authorities spec- educational awards authorized under subtitle D FAMILY UNIFICATION PROGRAM ified in the Inspector General Act of 1978, as of title I of the Act (42 U.S.C. 12601 et seq.), of SEC. 234. Section 8(x)(2) of the United States amended: Provided further, That an individual which not to exceed $5,000,000 shall be available Housing Act of 1937 (42 U.S.C 1437f(x)(2)) is appointed to the position of Inspector General of for national service scholarships for high school amended— the Federal Emergency Management Agency students performing community service: Pro- (1) by striking ‘‘any family (A) who is other- (FEMA) shall, by virtue of such appointment, vided further, That not more than $231,000,000 wise eligible for such assistance, and (B)’’ and also hold the position of Inspector General of of the amount provided under this heading shall inserting ‘‘(A) any family (i) who is otherwise the Board: Provided further, That the Inspector be available for grants under the National Serv- eligible for such assistance, and (ii)’’; and General of the Board shall utilize personnel of ice Trust program authorized under subtitle C of (2) by inserting before the period at the end the Office of Inspector General of FEMA in per- title I of the Act (42 U.S.C. 12571 et seq.) (relat- the following: ‘‘and (B) for a period not to ex- forming the duties of the Inspector General of ing to activities including the AmeriCorps pro- ceed 18 months, otherwise eligible youths who the Board, and shall not appoint any individ- gram), of which not more than $45,000,000 may have attained at least 18 years of age and not uals to positions within the Board. be used to administer, reimburse, or support any more than 21 years of age and who have left fos- DEPARTMENT OF THE TREASURY national service program authorized under sec- ter care at age 16 or older’’. tion 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)); COMMUNITY DEVELOPMENT FINANCIAL PERMANENT EXTENSION OF FHA MULTIFAMILY and not more than $25,000,000 may be made INSTITUTIONS MORTGAGE CREDIT DEMONSTRATIONS available to activities dedicated to developing SEC. 235. Section 542 of the Housing and Com- COMMUNITY DEVELOPMENT FINANCIAL computer and information technology skills for munity Development Act of 1992 (12 U.S.C. 1707 INSTITUTIONS students and teachers in low-income commu- note) is amended— FUND PROGRAM ACCOUNT nities: Provided further, That not more than (1) in subsection (a)— To carry out the Community Development $10,000,000 of the funds made available under (A) in the first sentence, by striking ‘‘dem- Banking and Financial Institutions Act of 1994, this heading shall be made available for the onstrate the effectiveness of providing’’ and in- including services authorized by 5 U.S.C. 3109, Points of Light Foundation for activities au- serting ‘‘provide’’; and but at rates for individuals not to exceed the per thorized under title III of the Act (42 U.S.C. (B) in the second sentence, by striking ‘‘dem- diem rate equivalent to the rate for ES–3, 12661 et seq.): Provided further, That no funds onstration’’ and inserting ‘‘the’’; $118,000,000, to remain available until September shall be available for national service programs (2) in subsection (b)— 30, 2002, of which $5,000,000 shall be for tech- run by Federal agencies authorized under sec- (A) in paragraph (1), by striking ‘‘determine nical assistance and training programs designed tion 121(b) of such Act (42 U.S.C. 12571(b)): Pro- the effectiveness of’’ and inserting ‘‘provide’’; to benefit Native American Communities, and up vided further, That to the maximum extent fea- and to $8,750,000 may be used for administrative ex- sible, funds appropriated under subtitle C of (B) by striking paragraph (5), and inserting penses, up to $19,750,000 may be used for the title I of the Act shall be provided in a manner the following new paragraph: cost of direct loans, and up to $1,000,000 may be that is consistent with the recommendations of ‘‘(5) INSURANCE AUTHORITY.—Using any au- used for administrative expenses to carry out peer review panels in order to ensure that pri- thority provided in appropriation Acts to insure the direct loan program: Provided, That the cost ority is given to programs that demonstrate mortgages under the National Housing Act, the of direct loans, including the cost of modifying quality, innovation, replicability, and sustain- Secretary may enter into commitments under such loans, shall be as defined in section 502 of ability: Provided further, That not more than this subsection for risk-sharing units.’’; the Congressional Budget Act of 1974: Provided $21,000,000 of the funds made available under (3) in subsection (c)— further, That these funds are available to sub- this heading shall be available for the Civilian (A) in paragraph (1), by striking ‘‘test the ef- sidize gross obligations for the principal amount Community Corps authorized under subtitle E of fectiveness of’’ and inserting ‘‘provide’’; and of direct loans not to exceed $53,000,000. title I of the Act (42 U.S.C. 12611 et seq.): Pro- (B) by striking paragraph (4) and inserting vided further, That not more than $43,000,000 CONSUMER PRODUCT SAFETY COMMISSION the following new paragraph: shall be available for school-based and commu- ‘‘(4) INSURANCE AUTHORITY.—Using any au- SALARIES AND EXPENSES nity-based service-learning programs authorized thority provided in appropriation Acts to insure For necessary expenses of the Consumer Prod- under subtitle B of title I of the Act (42 U.S.C. mortgages under the National Housing Act, the uct Safety Commission, including hire of pas- 12521 et seq.): Provided further, That not more Secretary may enter into commitments under senger motor vehicles, services as authorized by than $28,500,000 shall be available for quality this subsection for risk-sharing units.’’; 5 U.S.C. 3109, but at rates for individuals not to and innovation activities authorized under sub- (4) by striking subsection (d); exceed the per diem rate equivalent to the max- title H of title I of the Act (42 U.S.C. 12853 et (5) by striking ‘‘pilot’’ and ‘‘PILOT’’ each imum rate payable under 5 U.S.C. 5376, pur- seq.): Provided further, That not more than place such terms appear; and chase of nominal awards to recognize non-Fed- $5,000,000 shall be available for audits and other (6) in the section heading, by striking ‘‘dem- eral officials’ contributions to Commission ac- evaluations authorized under section 179 of the onstrations’’ and inserting ‘‘programs’’. tivities, and not to exceed $500 for official recep- Act (42 U.S.C. 12639): Provided further, That to TITLE III—INDEPENDENT AGENCIES tion and representation expenses, $52,500,000. the maximum extent practicable, the Corpora- tion shall increase significantly the level of AMERICAN BATTLE MONUMENTS COMMISSION CORPORATION FOR NATIONAL AND COMMUNITY SERVICE matching funds and in-kind contributions pro- SALARIES AND EXPENSES vided by the private sector, shall expand signifi- NATIONAL AND COMMUNITY SERVICE PROGRAMS For necessary expenses, not otherwise pro- cantly the number of educational awards pro- vided for, of the American Battle Monuments OPERATING EXPENSES vided under subtitle D of title I, and shall re- Commission, including the acquisition of land or (INCLUDING TRANSFER AND RESCISSION OF FUNDS) duce the total Federal costs per participant in interest in land in foreign countries; purchases For necessary expenses for the Corporation all programs: Provided further, That of amounts and repair of uniforms for caretakers of na- for National and Community Service (referred to available in the National Service Trust account tional cemeteries and monuments outside of the in the matter under this heading as the ‘‘Cor- from previous appropriations Acts, $30,000,000 United States and its territories and possessions; poration’’) in carrying out programs, activities, shall be rescinded: Provided further, That not rent of office and garage space in foreign coun- and initiatives under the National and Commu- more than $7,500,000 of the funds made available tries; purchase (one for replacement only) and nity Service Act of 1990 (referred to in the mat- under this heading shall be made available to hire of passenger motor vehicles; and insurance ter under this heading as the ‘‘Act’’) (42 U.S.C. America’s Promise—The Alliance for Youth, Inc. of official motor vehicles in foreign countries, 12501 et seq.), $458,500,000, to remain available only to support efforts to mobilize individuals, October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10093 groups, and organizations to build and AGENCY FOR TOXIC SUBSTANCES AND DISEASE Convention on Climate Change, which has not strengthen the character and competence of the REGISTRY been submitted to the Senate for advice and con- Nation’s youth: Provided further, That not more SALARIES AND EXPENSES sent to ratification pursuant to article II, sec- than $5,000,000 of the funds made available For necessary expenses for the Agency for tion 2, clause 2, of the United States Constitu- under this heading shall be made available to Toxic Substances and Disease Registry (ATSDR) tion, and which has not entered into force pur- the Communities In Schools, Inc. to support in carrying out activities set forth in sections suant to article 25 of the Protocol: Provided fur- dropout prevention activities: Provided further, 104(i), 111(c)(4), and 111(c)(14) of the Com- ther, That none of the funds made available in That not more than $2,500,000 of the funds made prehensive Environmental Response, Compensa- this Act may be used to implement or administer available under this heading shall be made tion, and Liability Act of 1980 (CERCLA), as the interim guidance issued on February 5, 1998, available to the Parents as Teachers National amended; section 118(f) of the Superfund by the Environmental Protection Agency relat- ing to title VI of the Civil Rights Act of 1964 and Center, Inc. to support childhood parent edu- Amendments and Reauthorization Act of 1986 designated as the ‘‘Interim Guidance for Inves- cation and family support activities: Provided (SARA), as amended; and section 3019 of the tigating Title VI Administrative Complaints further, That not more than $2,500,000 of the Solid Waste Disposal Act, as amended, Challenging Permits’’ with respect to complaints funds made available under this heading shall $75,000,000, to be derived from the Hazardous filed under such title after October 21, 1998, and be made available to the Boys and Girls Clubs of Substance Superfund Trust Fund pursuant to until guidance is finalized. Nothing in this pro- America to establish an innovative outreach section 517(a) of SARA (26 U.S.C. 9507): Pro- viso may be construed to restrict the Environ- program designed to meet the special needs of vided, That not withstanding any other provi- mental Protection Agency from developing or youth in public and Native American housing sion of law, in lieu of performing a health as- issuing final guidance relating to title VI of the communities: Provided further, That not more sessment under section 104(i)(6) of CERCLA, the Civil Rights Act of 1964: Provided further, That than $1,500,000 of the funds made available Administrator of ATSDR may conduct other ap- under this heading shall be made available to notwithstanding section 1412(b)(12)(A)(v) of the propriate health studies, evaluations, or activi- Safe Drinking Water Act, as amended, the Ad- the Youth Life Foundation to meet the needs of ties, including, without limitation, biomedical children living in insecure environments. ministrator shall promulgate a national primary testing, clinical evaluations, medical moni- drinking water regulation for arsenic not later OFFICE OF INSPECTOR GENERAL toring, and referral to accredited health care than June 22, 2001. For necessary expenses of the Office of In- providers: Provided further, That in performing OFFICE OF INSPECTOR GENERAL spector General in carrying out the Inspector any such health assessment or health study, For necessary expenses of the Office of In- General Act of 1978, as amended, $5,000,000, evaluation, or activity, the Administrator of spector General in carrying out the provisions of which shall be available for obligation through ATSDR shall not be bound by the deadlines in the Inspector General Act of 1978, as amended, September 30, 2002. section 104(i)(6)(A) of CERCLA: Provided fur- and for construction, alteration, repair, reha- ADMINISTRATIVE PROVISION ther, That none of the funds appropriated bilitation, and renovation of facilities, not to ex- The Department of Veterans Affairs and under this heading shall be available for the ceed $75,000 per project, $34,094,000, to remain Housing and Urban Development, and Inde- Agency for Toxic Substances and Disease Reg- available until September 30, 2002. istry to issue in excess of 40 toxicological profiles pendent Agencies Appropriations Act, 2000 BUILDINGS AND FACILITIES pursuant to section 104(i) of CERCLA during (Public Law 106–74) is amended under the head- For construction, repair, improvement, exten- fiscal year 2001, and existing profiles may be up- ing ‘‘Corporation for National and Community sion, alteration, and purchase of fixed equip- dated as necessary. Service, National and Community Service Pro- ment or facilities of, or for use by, the Environ- grams Operating Expenses’’ in title III by reduc- ENVIRONMENTAL PROTECTION AGENCY mental Protection Agency, $23,931,000, to remain ing to $229,000,000 the amount available for SCIENCE AND TECHNOLOGY available until expended. grants under the National Service Trust pro- For science and technology, including re- HAZARDOUS SUBSTANCE SUPERFUND gram authorized under subtitle C of title I of the search and development activities, which shall (INCLUDING TRANSFERS OF FUNDS) National and Community Service Act of 1990 include research and development activities For necessary expenses to carry out the Com- (the ‘‘Act’’) (with a corresponding reduction to under the Comprehensive Environmental Re- prehensive Environmental Response, Compensa- $40,000,000 in the amount that may be used to sponse, Compensation, and Liability Act of 1980, tion, and Liability Act of 1980 (CERCLA), as administer, reimburse, or support any national as amended; necessary expenses for personnel amended, including sections 111(c)(3), (c)(5), service program authorized under section and related costs and travel expenses, including (c)(6), and (e)(4) (42 U.S.C. 9611), and for con- 121(d)(2) of the Act), and by increasing to uniforms, or allowances therefore, as authorized struction, alteration, repair, rehabilitation, and $33,500,000 the amount available for quality and by 5 U.S.C. 5901–5902; services as authorized by renovation of facilities, not to exceed $75,000 per innovation activities authorized under subtitle 5 U.S.C. 3109, but at rates for individuals not to project; $1,270,000,000 (of which $100,000,000 H of title I of the Act, with the increase in sub- exceed the per diem rate equivalent to the max- shall not become available until September 1, title H funds made available to provide a grant imum rate payable for senior level positions 2001), to remain available until expended, con- covering a period of three years to support the under 5 U.S.C. 5376; procurement of laboratory sisting of $635,000,000, as authorized by section ‘‘P.A.V.E. the Way’’ project described in House equipment and supplies; other operating ex- 517(a) of the Superfund Amendments and Reau- Report 106–379. penses in support of research and development; thorization Act of 1986 (SARA), as amended by COURT OF APPEALS FOR VETERANS CLAIMS construction, alteration, repair, rehabilitation, Public Law 101–508, and $635,000,000 as a pay- SALARIES AND EXPENSES and renovation of facilities, not to exceed ment from general revenues to the Hazardous For necessary expenses for the operation of $75,000 per project, $696,000,000, which shall re- Substance Superfund for purposes as authorized the United States Court of Appeals for Veterans main available until September 30, 2002. by section 517(b) of SARA, as amended: Pro- Claims as authorized by 38 U.S.C. 7251–7298, ENVIRONMENTAL PROGRAMS AND MANAGEMENT vided, That funds appropriated under this $12,445,000, of which $895,000 shall be available For environmental programs and manage- heading may be allocated to other Federal agen- for the purpose of providing financial assistance ment, including necessary expenses, not other- cies in accordance with section 111(a) of as described, and in accordance with the process wise provided for, for personnel and related CERCLA: Provided further, That of the funds and reporting procedures set forth, under this costs and travel expenses, including uniforms, appropriated under this heading, $11,500,000 heading in Public Law 102–229. or allowances therefore, as authorized by 5 shall be transferred to the ‘‘Office of Inspector General’’ appropriation to remain available DEPARTMENT OF DEFENSE—CIVIL U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to until September 30, 2002, and $36,500,000 shall be CEMETERIAL EXPENSES, ARMY exceed the per diem rate equivalent to the max- transferred to the ‘‘Science and technology’’ ap- SALARIES AND EXPENSES imum rate payable for senior level positions propriation to remain available until September For necessary expenses, as authorized by law, under 5 U.S.C. 5376; hire of passenger motor ve- 30, 2002. for maintenance, operation, and improvement of hicles; hire, maintenance, and operation of air- LEAKING UNDERGROUND STORAGE TANK PROGRAM Arlington National Cemetery and Soldiers’ and craft; purchase of reprints; library memberships For necessary expenses to carry out leaking Airmen’s Home National Cemetery, including in societies or associations which issue publica- underground storage tank cleanup activities au- the purchase of two passenger motor vehicles for tions to members only or at a price to members thorized by section 205 of the Superfund Amend- replacement only, and not to exceed $1,000 for lower than to subscribers who are not members; ments and Reauthorization Act of 1986, and for official reception and representation expenses, construction, alteration, repair, rehabilitation, construction, alteration, repair, rehabilitation, $17,949,000, to remain available until expended. and renovation of facilities, not to exceed and renovation of facilities, not to exceed $75,000 per project, $72,096,000, to remain avail- DEPARTMENT OF HEALTH AND HUMAN SERVICES $75,000 per project; and not to exceed $6,000 for official reception and representation expenses, able until expended. NATIONAL INSTITUTES OF HEALTH $2,087,990,000, which shall remain available OIL SPILL RESPONSE NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH until September 30, 2002: Provided, That none of For expenses necessary to carry out the Envi- SCIENCES the funds appropriated by this Act shall be used ronmental Protection Agency’s responsibilities For necessary expenses for the National Insti- to propose or issue rules, regulations, decrees, or under the Oil Pollution Act of 1990, $15,000,000, tute of Environmental Health Sciences in car- orders for the purpose of implementation, or in to be derived from the Oil Spill Liability trust rying out activities set forth in section 311(a) of preparation for implementation, of the Kyoto fund, to remain available until expended. the Comprehensive Environmental Response, Protocol which was adopted on December 11, STATE AND TRIBAL ASSISTANCE GRANTS Compensation, and Liability Act of 1980, as 1997, in Kyoto, Japan at the Third Conference For environmental programs and infrastruc- amended, $63,000,000. of the Parties to the United Nations Framework ture assistance, including capitalization grants H10094 CONGRESSIONAL RECORD — HOUSE October 18, 2000 for State revolving funds and performance part- local ordinance, or other zoning rule, which pre- COUNCIL ON ENVIRONMENTAL QUALITY AND nership grants, $3,628,740,000, to remain avail- vents in that jurisdiction the development or OFFICE OF ENVIRONMENTAL QUALITY able until expended, of which $1,350,000,000 construction of any additional colonia areas, or For necessary expenses to continue functions shall be for making capitalization grants for the the development within an existing colonia the assigned to the Council on Environmental Qual- Clean Water State Revolving Funds under title construction of any new home, business, or ity and Office of Environmental Quality pursu- VI of the Federal Water Pollution Control Act, other structure which lacks water, wastewater, ant to the National Environmental Policy Act of as amended; $825,000,000 shall be for capitaliza- or other necessary infrastructure: Provided fur- 1969, the Environmental Quality Improvement tion grants for the Drinking Water State Re- ther, That notwithstanding any other provision Act of 1970, and Reorganization Plan No. 1 of volving Funds under section 1452 of the Safe of law, all claims for principal and interest reg- 1977, $2,900,000: Provided, That, notwith- Drinking Water Act, as amended, except that, istered through any current grant dispute or standing any other provision of law, no funds notwithstanding section 1452(n) of the Safe any other such dispute hereafter filed by the other than those appropriated under this head- Drinking Water Act, as amended, none of the Environmental Protection Agency relative to ing shall be used for or by the Council on Envi- funds made available under this heading in this construction grants numbers C–180840–01, C– ronmental Quality and Office of Environmental Act, or in previous appropriations Acts, shall be 180840–04, C–470319–03, and C–470319–04, are Quality: Provided further, That notwith- reserved by the Administrator for health effects hereby resolved in favor of the grantee: Pro- standing section 202 of the National Environ- studies on drinking water contaminants; vided further, That EPA, in considering the mental Policy Act of 1970, the Council shall con- $75,000,000 shall be for architectural, engineer- local match for the $5,000,000 appropriated in sist of one member, appointed by the President, ing, planning, design, construction and related fiscal year 1999 for the City of Cumberland, by and with the advice and consent of the Sen- activities in connection with the construction of Maryland, to separate and relocate the city’s ate, serving as chairman and exercising all pow- high priority water and wastewater facilities in combined sewer and stormwater system, shall ers, functions, and duties of the Council. the area of the United States-Mexico Border, take into account non-federal money spent by FEDERAL DEPOSIT INSURANCE CORPORATION after consultation with the appropriate border the City of Cumberland for combined sewer, commission; $35,000,000 shall be for grants to the stormwater and wastewater treatment infra- OFFICE OF INSPECTOR GENERAL State of Alaska to address drinking water and structure on or after October 1, 1999, and that (TRANSFER OF FUNDS) wastewater infrastructure needs of rural and the fiscal year 1999 and any subsequent funds For necessary expenses of the Office of In- Alaska Native Villages; $335,740,000 shall be for may be used for any required non-federal share spector General in carrying out the provisions of making grants for the construction of waste- of the costs of projects funded by the federal the Inspector General Act of 1978, as amended, water and water treatment facilities and government under Section 580 of Public Law $33,660,000, to be derived from the Bank Insur- groundwater protection infrastructure in ac- 106–53. ance Fund, the Savings Association Insurance cordance with the terms and conditions speci- Fund, and the FSLIC Resolution Fund. fied for such grants in the conference report and ADMINISTRATIVE PROVISIONS FEDERAL EMERGENCY MANAGEMENT AGENCY joint explanatory statement of the committee of For fiscal year 2001 and thereafter, the obli- conference accompanying this Act, except that, gated balances of sums available in multiple- DISASTER RELIEF notwithstanding any other provision of law, of year appropriations accounts shall remain (INCLUDING TRANSFER OF FUNDS) the funds herein and hereafter appropriated available through the seventh fiscal year after For necessary expenses in carrying out the under this heading for such special needs infra- their period of availability has expired for liqui- Robert T. Stafford Disaster Relief and Emer- structure grants, the Administrator may use up dating obligations made during the period of gency Assistance Act (42 U.S.C. 5121 et seq.), to 3 percent of the amount of each project ap- availability. $300,000,000, and, notwithstanding 42 U.S.C. propriated to administer the management and For fiscal year 2001, notwithstanding 31 5203, to remain available until expended, of oversight of construction of such projects U.S.C. 6303(1) and 6305(1), the Administrator of which not to exceed $2,900,000 may be trans- through contracts, allocation to the Corps of the Environmental Protection Agency, in car- ferred to ‘‘Emergency management planning Engineers, or grants to States; and $1,008,000,000 rying out the Agency’s function to implement and assistance’’ for the consolidated emergency shall be for grants, including associated pro- directly Federal environmental programs re- management performance grant program; and gram support costs, to States, federally recog- quired or authorized by law in the absence of an up to $15,000,000 may be obligated for flood map nized tribes, interstate agencies, tribal consortia, acceptable tribal program, may award coopera- modernization activities following disaster dec- and air pollution control agencies for multi- tive agreements to federally-recognized Indian larations: Provided, That of the funds made media or single media pollution prevention, con- Tribes or Intertribal consortia, if authorized by available under this heading in this and prior trol and abatement and related activities, in- their member Tribes, to assist the Administrator Appropriations Acts and under section 404 of cluding activities pursuant to the provisions set in implementing Federal environmental pro- the Robert T. Stafford Disaster Relief and Emer- forth under this heading in Public Law 104–134, grams for Indian Tribes required or authorized gency Assistance Act to the State of Florida, and for making grants under section 103 of the by law, except that no such cooperative agree- $3,000,000 shall be for a hurricane mitigation Clean Air Act for particulate matter monitoring ments may be awarded from funds designated initiative in Miami-Dade County. and data collection activities: Provided, That for State financial assistance agreements. For an additional amount for ‘‘Disaster re- notwithstanding section 603(d)(7) of the Federal lief’’, $1,300,000,000, to remain available until Water Pollution Control Act, as amended, the Section 176(c) of the Clean Air Act, as amend- ed, is amended by adding at the end the fol- expended: Provided, That the entire amount is limitation on the amounts in a State water pol- designated by the Congress as an emergency re- lution control revolving fund that may be used lowing new paragraph: quirement pursuant to section 251(b)(2)(A) of by a State to administer the fund shall not ‘‘(6) Notwithstanding paragraph 5, this sub- the Balanced Budget and Emergency Deficit apply to amounts included as principal in loans section shall not apply with respect to an area Control Act of 1985, as amended: Provided fur- made by such fund in fiscal year 2001 and prior designated nonattainment under section ther, That the entire amount shall be available years where such amounts represent costs of ad- 107(d)(1) until one year after that area is first only to the extent that an official budget request ministering the fund to the extent that such designated nonattainment for a specific na- for a specific dollar amount, that includes des- amounts are or were deemed reasonable by the tional ambient air quality standard. This para- ignation of the entire amount of the request as Administrator, accounted for separately from graph only applies with respect to the national an emergency requirement as defined in the Bal- other assets in the fund, and used for eligible ambient air quality standard for which an area anced Budget and Emergency Deficit Control purposes of the fund, including administration: is newly designated nonattainment and does not Act of 1985, as amended, is transmitted by the Provided further, That for fiscal year 2001, and affect the area’s requirements with respect to all President to the Congress. notwithstanding section 518(f) of the Federal other national ambient air quality standards for Water Pollution Control Act, as amended, the which the area is designated nonattainment or DISASTER ASSISTANCE DIRECT LOAN PROGRAM Administrator is authorized to use the amounts has been redesignated from nonattainment to ACCOUNT appropriated for any fiscal year under section attainment with a maintenance plan pursuant For the cost of direct loans, $1,678,000, as au- 319 of that Act to make grants to Indian tribes to section 175(A) (including any pre-existing na- thorized by section 319 of the Robert T. Stafford pursuant to section 319(h) and 518(e) of that tional ambient air quality standard for a pollut- Disaster Relief and Emergency Assistance Act: Act: Provided further, That for fiscal year 2001, ant for which a new or revised standard has Provided, That such costs, including the cost of notwithstanding the limitation on amounts in been issued).’’. modifying such loans, shall be as defined in sec- tion 502 of the Congressional Budget Act of 1974, section 518(c) of the Federal Water Pollution EXECUTIVE OFFICE OF THE PRESIDENT Control Act, as amended, up to a total of 11⁄2 as amended: Provided further, That these funds percent of the funds appropriated for State Re- OFFICE OF SCIENCE AND TECHNOLOGY POLICY are available to subsidize gross obligations for volving Funds under Title VI of that Act may be For necessary expenses of the Office of the principal amount of direct loans not to ex- reserved by the Administrator for grants under Science and Technology Policy, in carrying out ceed $25,000,000. section 518(c) of such Act: Provided further, the purposes of the National Science and Tech- In addition, for administrative expenses to That no funds provided by this legislation to ad- nology Policy, Organization, and Priorities Act carry out the direct loan program, $427,000. dress the water, wastewater and other critical of 1976 (42 U.S.C. 6601 and 6671), hire of pas- SALARIES AND EXPENSES infrastructure needs of the colonias in the senger motor vehicles, and services as author- For necessary expenses, not otherwise pro- United States along the United States-Mexico ized by 5 U.S.C. 3109, not to exceed $2,500 for of- vided for, including hire and purchase of motor border shall be made available after June 1, 2001 ficial reception and representation expenses, vehicles as authorized by 31 U.S.C. 1343; uni- to a county or municipal government unless and rental of conference rooms in the District of forms, or allowances therefor, as authorized by that government has established an enforceable Columbia, $5,201,000. 5 U.S.C. 5901–5902; services as authorized by 5 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10095 U.S.C. 3109, but at rates for individuals not to In addition, up to $17,730,000 in fees collected and modification of facilities, construction of exceed the per diem rate equivalent to the max- but unexpended during fiscal years 1994 new facilities and additions to existing facilities, imum rate payable for senior level positions through 1998 shall be transferred to the Flood facility planning and design, environmental under 5 U.S.C. 5376; expenses of attendance of Map Modernization Fund and available for ex- compliance and restoration, and acquisition or cooperating officials and individuals at meetings penditure in fiscal year 2001. condemnation of real property, as authorized by concerned with the work of emergency pre- Section 1309(a)(2) of the National Flood Insur- law; program management; personnel and re- paredness; transportation in connection with ance Act of 1968 (42 U.S.C. 4016(a)(2)), as lated costs, including uniforms or allowances the continuity of Government programs to the amended by Public Law 104–208, is further therefor, as authorized by 5 U.S.C. 5901–5902; same extent and in the same manner as per- amended by striking ‘‘September 30, 2000’’ and travel expenses; purchase, lease, charter, main- mitted the Secretary of a Military Department inserting ‘‘December 31, 2001’’. tenance, and operation of mission and adminis- under 10 U.S.C. 2632; and not to exceed $2,500 The first sentence of section 1376(c) of the Na- trative aircraft; not to exceed $40,000 for official for official reception and representation ex- tional Flood Insurance Act of 1968, as amended reception and representation expenses; and pur- penses, $215,000,000. (42 U.S.C. 4127(c)), is amended by striking ‘‘Sep- chase (not to exceed 33 for replacement only) OFFICE OF INSPECTOR GENERAL tember 30, 2000’’ and inserting ‘‘December 31, and hire of passenger motor vehicles, For necessary expenses of the Office of In- 2001’’. $2,608,700,000 to remain available until Sep- spector General in carrying out the Inspector NATIONAL FLOOD MITIGATION FUND tember 30, 2002. General Act of 1978, as amended, $10,000,000: (INCLUDING TRANSFER OF FUNDS) OFFICE OF INSPECTOR GENERAL Provided, That notwithstanding any other pro- Notwithstanding sections 1366(b)(3)(B)–(C) For necessary expenses of the Office of In- vision of law, the Inspector General of the Fed- and 1366(f) of the National Flood Insurance Act spector General in carrying out the Inspector eral Emergency Management Agency shall also of 1968, as amended, $20,000,000 to remain avail- General Act of 1978, as amended, $23,000,000. serve as the Inspector General of the Chemical able until September 30, 2002, for activities de- ADMINISTRATIVE PROVISIONS Safety and Hazard Investigation Board. signed to reduce the risk of flood damage to EMERGENCY MANAGEMENT PLANNING AND Notwithstanding the limitation on the avail- structures pursuant to such Act, of which ASSISTANCE ability of funds appropriated for ‘‘Human space $20,000,000 shall be derived from the National For necessary expenses, not otherwise pro- flight’’, ‘‘Science, aeronautics and technology’’, Flood Insurance Fund. vided for, to carry out activities under the Na- or ‘‘Mission support’’ by this appropriations tional Flood Insurance Act of 1968, as amended, GENERAL SERVICES ADMINISTRATION Act, when any activity has been initiated by the and the Flood Disaster Protection Act of 1973, FEDERAL CONSUMER INFORMATION CENTER FUND incurrence of obligations for construction of fa- as amended (42 U.S.C. 4001 et seq.), the Robert For necessary expenses of the Federal Con- cilities as authorized by law, such amount T. Stafford Disaster Relief and Emergency As- sumer Information Center, including services available for such activity shall remain avail- sistance Act (42 U.S.C. 5121 et seq.), the Earth- authorized by 5 U.S.C. 3109, $7,122,000, to be de- able until expended. This provision does not quake Hazards Reduction Act of 1977, as amend- posited into the Federal Consumer Information apply to the amounts appropriated in ‘‘Mission ed (42 U.S.C. 7701 et seq.), the Federal Fire Pre- Center Fund: Provided, That the appropria- support’’ pursuant to the authorization for vention and Control Act of 1974, as amended (15 tions, revenues, and collections deposited into minor revitalization and construction of facili- U.S.C. 2201 et seq.), the Defense Production Act the Fund shall be available for necessary ex- ties, and facility planning and design. of 1950, as amended (50 U.S.C. App. 2061 et penses of Federal Consumer Information Center Notwithstanding the limitation on the avail- seq.), sections 107 and 303 of the National Secu- activities in the aggregate amount of $12,000,000. ability of funds appropriated for ‘‘Human space rity Act of 1947, as amended (50 U.S.C. 404–405), Appropriations, revenues, and collections accru- flight’’, ‘‘Science, aeronautics and technology’’, and Reorganization Plan No. 3 of 1978, ing to this Fund during fiscal year 2001 in ex- or ‘‘Mission support’’ by this appropriations $269,652,000: Provided, That for purposes of pre- cess of $12,000,000 shall remain in the Fund and Act, the amounts appropriated for construction disaster mitigation pursuant to 42 U.S.C. 5131(b) shall not be available for expenditure except as of facilities shall remain available until Sep- and (c) and 42 U.S.C. 5196(e) and (i), $25,000,000 authorized in appropriations Acts. tember 30, 2003. Notwithstanding the limitation on the avail- of the funds made available under this heading NATIONAL AERONAUTICS AND SPACE ability of funds appropriated for ‘‘Mission sup- shall be available until expended for project ADMINISTRATION grants. port’’ and ‘‘Office of Inspector General’’, HUMAN SPACE FLIGHT RADIOLOGICAL EMERGENCY PREPAREDNESS FUND amounts made available by this Act for per- The aggregate charges assessed during fiscal For necessary expenses, not otherwise pro- sonnel and related costs and travel expenses of year 2001, as authorized by Public Law 106–74, vided for, in the conduct and support of human the National Aeronautics and Space Adminis- shall not be less than 100 percent of the amounts space flight research and development activities, tration shall remain available until September anticipated by FEMA necessary for its radio- including research, development, operations, 30, 2001 and may be used to enter into contracts logical emergency preparedness program for the and services; maintenance; construction of fa- for training, investigations, costs associated next fiscal year. The methodology for assess- cilities including revitalization and modification with personnel relocation, and for other serv- ment and collection of fees shall be fair and eq- of facilities, construction of new facilities and ices, to be provided during the next fiscal year. uitable; and shall reflect costs of providing such additions to existing facilities, facility planning Funds for announced prizes otherwise author- services, including administrative costs of col- and design, and acquisition or condemnation of ized shall remain available, without fiscal year lecting such fees. Fees received pursuant to this real property, as authorized by law; space limitation, until the prize is claimed or the offer section shall be deposited in the Fund as offset- flight, spacecraft control and communications is withdrawn. ting collections and will become available for activities including operations, production, and Unless otherwise provided for in this Act or in authorized purposes on October 1, 2001, and re- services; and purchase, lease, charter, mainte- the joint explanatory statement of the committee main available until expended. nance and operation of mission and administra- of conference accompanying this Act, no part of tive aircraft, $5,462,900,000, to remain available the funds appropriated for ‘‘Human space EMERGENCY FOOD AND SHELTER PROGRAM until September 30, 2002. To carry out an emergency food and shelter flight’’ may be used for the development of the program pursuant to title III of Public Law 100– SCIENCE, AERONAUTICS AND TECHNOLOGY International Space Station in excess of the 77, as amended, $140,000,000, to remain available For necessary expenses, not otherwise pro- amounts set forth in the budget estimates sub- until expended: Provided, That total adminis- vided for, in the conduct and support of science, mitted as part of the budget request for fiscal year 2001. trative costs shall not exceed 31⁄2 percent of the aeronautics and technology research and devel- No funds in this or any other Appropriations total appropriation. opment activities, including research, develop- Act may be used to finalize an agreement prior NATIONAL FLOOD INSURANCE FUND ment, operations, and services; maintenance; construction of facilities including revitaliza- to December 1, 2001 between NASA and a non- (INCLUDING TRANSFER OF FUNDS) government organization to conduct research For activities under the National Flood Insur- tion, and modification of facilities, construction of new facilities and additions to existing facili- utilization and commercialization management ance Act of 1968, the Flood Disaster Protection activities of the International Space Station. Act of 1973, as amended, not to exceed ties, facility planning and design, and acquisi- NATIONAL CREDIT UNION ADMINISTRATION $25,736,000 for salaries and expenses associated tion or condemnation of real property, as au- with flood mitigation and flood insurance oper- thorized by law; space flight, spacecraft control CENTRAL LIQUIDITY FACILITY ations, and not to exceed $77,307,000 for flood and communications activities including oper- (INCLUDING TRANSFER OF FUNDS) mitigation, including up to $20,000,000 for ex- ations, production, and services; and purchase, During fiscal year 2001, gross obligations of penses under section 1366 of the National Flood lease, charter, maintenance and operation of the Central Liquidity Facility for the principal Insurance Act, which amount shall be available mission and administrative aircraft, amount of new direct loans to member credit for transfer to the National Flood Mitigation $6,190,700,000, to remain available until Sep- unions, as authorized by 12 U.S.C. 1795 et seq., Fund until September 30, 2002. In fiscal year tember 30, 2002. shall not exceed $1,500,000,000: Provided, That 2001, no funds in excess of: (1) $55,000,000 for op- MISSION SUPPORT administrative expenses of the Central Liquidity erating expenses; (2) $455,627,000 for agents’ For necessary expenses, not otherwise pro- Facility shall not exceed $296,303: Provided fur- commissions and taxes; and (3) $40,000,000 for vided for, in carrying out mission support for ther, That $1,000,000 shall be transferred to the interest on Treasury borrowings shall be avail- human space flight programs and science, aero- Community Development Revolving Loan Fund, able from the National Flood Insurance Fund nautical, and technology programs, including of which $650,000, together with amounts of without prior notice to the Committees on Ap- research operations and support; maintenance; principal and interest on loans repaid, shall be propriations. construction of facilities including revitalization available until expended for loans to community H10096 CONGRESSIONAL RECORD — HOUSE October 18, 2000 development credit unions, and $350,000 shall be ices authorized by 5 U.S.C. 3109; hire of pas- the current fiscal year for purchase of uniforms, available until expended for technical assistance senger motor vehicles; not to exceed $9,000 for or allowances therefor, as authorized by 5 to low-income and community development cred- official reception and representation expenses; U.S.C. 5901–5902; hire of passenger motor vehi- it unions. uniforms or allowances therefor, as authorized cles; and services as authorized by 5 U.S.C. 3109. NATIONAL SCIENCE FOUNDATION by 5 U.S.C. 5901–5902; rental of conference rooms SEC. 403. Funds of the Department of Housing in the District of Columbia; reimbursement of and Urban Development subject to the Govern- RESEARCH AND RELATED ACTIVITIES the General Services Administration for security ment Corporation Control Act or section 402 of For necessary expenses in carrying out the guard services; $160,890,000: Provided, That con- the Housing Act of 1950 shall be available, with- National Science Foundation Act of 1950, as tracts may be entered into under ‘‘Salaries and out regard to the limitations on administrative amended (42 U.S.C. 1861–1875), and the Act to expenses’’ in fiscal year 2001 for maintenance expenses, for legal services on a contract or fee establish a National Medal of Science (42 U.S.C. and operation of facilities, and for other serv- basis, and for utilizing and making payment for 1880–1881); services as authorized by 5 U.S.C. ices, to be provided during the next fiscal year. services and facilities of Federal National Mort- 3109; authorized travel; maintenance and oper- OFFICE OF INSPECTOR GENERAL gage Association, Government National Mort- ation of aircraft and purchase of flight services For necessary expenses of the Office of In- gage Association, Federal Home Loan Mortgage for research support; acquisition of aircraft; spector General as authorized by the Inspector Corporation, Federal Financing Bank, Federal $3,350,000,000, of which not to exceed General Act of 1978, as amended, $6,280,000, to Reserve banks or any member thereof, Federal $275,592,000 shall remain available until ex- remain available until September 30, 2002. Home Loan banks, and any insured bank within pended for Polar research and operations sup- the meaning of the Federal Deposit Insurance NEIGHBORHOOD REINVESTMENT CORPORATION port, and for reimbursement to other Federal Corporation Act, as amended (12 U.S.C. 1811– agencies for operational and science support PAYMENT TO THE NEIGHBORHOOD REINVESTMENT 1831). and logistical and other related activities for the CORPORATION SEC. 404. No part of any appropriation con- United States Antarctic program; the balance to For payment to the Neighborhood Reinvest- tained in this Act shall remain available for ob- remain available until September 30, 2002: Pro- ment Corporation for use in neighborhood rein- ligation beyond the current fiscal year unless vided, That receipts for scientific support serv- vestment activities, as authorized by the Neigh- expressly so provided herein. ices and materials furnished by the National Re- borhood Reinvestment Corporation Act (42 SEC. 405. No funds appropriated by this Act search Centers and other National Science U.S.C. 8101–8107), $90,000,000, of which may be expended— Foundation supported research facilities may be $5,000,000 shall be for a homeownership program (1) pursuant to a certification of an officer or credited to this appropriation: Provided further, that is used in conjunction with section 8 assist- employee of the United States unless— That to the extent that the amount appropriated ance under the United States Housing Act of (A) such certification is accompanied by, or is is less than the total amount authorized to be 1937: Provided, That of the amount made avail- part of, a voucher or abstract which describes appropriated for included program activities, all able, $2,500,000 shall be for an endowment to es- the payee or payees and the items or services for amounts, including floors and ceilings, specified tablish the George Knight Scholarship Fund for which such expenditure is being made; or (B) the expenditure of funds pursuant to such in the authorizing Act for those program activi- the Neighborhood Reinvestment Training Insti- certification, and without such a voucher or ab- ties or their subactivities shall be reduced pro- tute. stract, is specifically authorized by law; and portionally: Provided further, That $65,000,000 SELECTIVE SERVICE SYSTEM (2) unless such expenditure is subject to audit of the funds available under this heading shall SALARIES AND EXPENSES by the General Accounting Office or is specifi- be made available for a comprehensive research For necessary expenses of the Selective Service cally exempt by law from such audit. initiative on plant genomes for economically sig- System, including expenses of attendance at SEC. 406. None of the funds provided in this nificant crops: Provided further, That no funds meetings and of training for uniformed per- Act to any department or agency may be ex- in this or any other Act shall be used to acquire sonnel assigned to the Selective Service System, pended for the transportation of any officer or or lease a research vessel with ice-breaking ca- as authorized by 5 U.S.C. 4101–4118 for civilian employee of such department or agency between pability built or retrofitted by a shipyard lo- employees; and not to exceed $1,000 for official their domicile and their place of employment, cated in a foreign country if such a vessel of reception and representation expenses; with the exception of any officer or employee United States origin can be obtained at a cost $24,480,000: Provided, That during the current authorized such transportation under 31 U.S.C. no more than 50 per centum above that of the fiscal year, the President may exempt this ap- 1344 or 5 U.S.C. 7905. least expensive technically acceptable foreign propriation from the provisions of 31 U.S.C. SEC. 407. None of the funds provided in this vessel bid: Provided further, That, in deter- 1341, whenever he deems such action to be nec- Act may be used for payment, through grants or mining the cost of such a vessel, such cost be in- essary in the interest of national defense: Pro- contracts, to recipients that do not share in the creased by the amount of any subsidies or fi- vided further, That none of the funds appro- cost of conducting research resulting from pro- nancing provided by a foreign government (or priated by this Act may be expended for or in posals not specifically solicited by the Govern- instrumentality thereof ) to such vessel’s con- connection with the induction of any person ment: Provided, That the extent of cost sharing struction: Provided further, That if the vessel into the Armed Forces of the United States. by the recipient shall reflect the mutuality of in- contracted for pursuant to the foregoing is not terest of the grantee or contractor and the Gov- TITLE IV—GENERAL PROVISIONS available for the 2002–2003 austral summer Ant- ernment in the research. arctic season, a vessel of any origin may be SEC. 401. Where appropriations in titles I, II, SEC. 408. None of the funds in this Act may be leased for a period of not to exceed 120 days for and III of this Act are expendable for travel ex- used, directly or through grants, to pay or to that season and each season thereafter until de- penses and no specific limitation has been provide reimbursement for payment of the salary livery of the new vessel. placed thereon, the expenditures for such travel of a consultant (whether retained by the Fed- MAJOR RESEARCH EQUIPMENT expenses may not exceed the amounts set forth eral Government or a grantee) at more than the therefore in the budget estimates submitted for For necessary expenses of major construction daily equivalent of the rate paid for level IV of the appropriations: Provided, That this provi- projects pursuant to the National Science Foun- the Executive Schedule, unless specifically au- sion does not apply to accounts that do not con- dation Act of 1950, as amended, including au- thorized by law. tain an object classification for travel: Provided thorized travel, $121,600,000, to remain available SEC. 409. None of the funds provided in this further, That this section shall not apply to until expended. Act shall be used to pay the expenses of, or oth- travel performed by uncompensated officials of erwise compensate, non-Federal parties inter- EDUCATION AND HUMAN RESOURCES local boards and appeal boards of the Selective vening in regulatory or adjudicatory pro- For necessary expenses in carrying out science Service System; to travel performed directly in ceedings. Nothing herein affects the authority of and engineering education and human resources connection with care and treatment of medical the Consumer Product Safety Commission pur- programs and activities pursuant to the Na- beneficiaries of the Department of Veterans Af- suant to section 7 of the Consumer Product tional Science Foundation Act of 1950, as fairs; to travel performed in connection with Safety Act (15 U.S.C. 2056 et seq.). amended (42 U.S.C. 1861–1875), including serv- major disasters or emergencies declared or deter- SEC. 410. Except as otherwise provided under ices as authorized by 5 U.S.C. 3109, authorized mined by the President under the provisions of existing law, or under an existing Executive travel, and rental of conference rooms in the the Robert T. Stafford Disaster Relief and Emer- Order issued pursuant to an existing law, the District of Columbia, $787,352,000, to remain gency Assistance Act; to travel performed by the obligation or expenditure of any appropriation available until September 30, 2002: Provided, Offices of Inspector General in connection with under this Act for contracts for any consulting That to the extent that the amount of this ap- audits and investigations; or to payments to service shall be limited to contracts which are: propriation is less than the total amount au- interagency motor pools where separately set (1) a matter of public record and available for thorized to be appropriated for included pro- forth in the budget schedules: Provided further, public inspection; and (2) thereafter included in gram activities, all amounts, including floors That if appropriations in titles I, II, and III ex- a publicly available list of all contracts entered and ceilings, specified in the authorizing Act for ceed the amounts set forth in budget estimates into within 24 months prior to the date on which those program activities or their subactivities initially submitted for such appropriations, the the list is made available to the public and of all shall be reduced proportionally: Provided fur- expenditures for travel may correspondingly ex- contracts on which performance has not been ther, That $10,000,000 shall be available for the ceed the amounts therefore set forth in the esti- completed by such date. The list required by the Office of Innovation Partnerships. mates in the same proportion. preceding sentence shall be updated quarterly SALARIES AND EXPENSES SEC. 402. Appropriations and funds available and shall include a narrative description of the For salaries and expenses necessary in car- for the administrative expenses of the Depart- work to be performed under each such contract. rying out the National Science Foundation Act ment of Housing and Urban Development and SEC. 411. Except as otherwise provided by law, of 1950, as amended (42 U.S.C. 1861–1875); serv- the Selective Service System shall be available in no part of any appropriation contained in this October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10097 Act shall be obligated or expended by any exec- anty operations of these corporations, or where (b) by deleting paragraph (4) of subsection (h) utive agency, as referred to in the Office of Fed- loans or mortgage purchases are necessary to and inserting in lieu thereof— eral Procurement Policy Act (41 U.S.C. 401 et protect the financial interest of the United ‘‘(4) The provisions of subsections (1) and (3) seq.), for a contract for services unless such ex- States Government. of this section may be waived upon a determina- ecutive agency: (1) has awarded and entered SEC. 420. Notwithstanding section 320(g) of the tion by the Administrator that use of the incen- into such contract in full compliance with such Federal Water Pollution Control Act (33 U.S.C. tive satisfactorily demonstrates downsizing or Act and the regulations promulgated there- 1330(g)), funds made available pursuant to au- other restructuring within the Agency that under; and (2) requires any report prepared pur- thorization under such section for fiscal year would improve the efficiency of agency oper- suant to such contract, including plans, evalua- 2001 may be used for implementing comprehen- ations or contribute directly to evolving mission tions, studies, analyses and manuals, and any sive conservation and management plans. requirements.’’ report prepared by the agency which is substan- SEC. 421. Notwithstanding any other provision (c) by deleting subsection (i) and inserting in tially derived from or substantially includes any of law, the term ‘‘qualified student loan’’ with lieu thereof— report prepared pursuant to such contract, to respect to national service education awards ‘‘(i) REPORTS.—The Administrator shall sub- contain information concerning: (A) the con- shall mean any loan made directly to a student mit a report on NASA’s restructuring activities tract pursuant to which the report was pre- by the Alaska Commission on Postsecondary to the Committee on Appropriations of the pared; and (B) the contractor who prepared the Education, in addition to other meanings under House of Representatives and the Committee on report pursuant to such contract. section 148(b)(7) of the National and Community Appropriations of the Senate not later than Sep- SEC. 412. Except as otherwise provided in sec- Service Act. tember 30, 2001. This report shall include— tion 406, none of the funds provided in this Act SEC. 422. Unless otherwise provided for in this ‘‘(1) an outline of a timetable for restructuring to any department or agency shall be obligated Act, no part of any appropriation for the De- the workforce at NASA Headquarters and field or expended to provide a personal cook, chauf- partment of Housing and Urban Development Centers; feur, or other personal servants to any officer or shall be available for any activity in excess of ‘‘(2) annual Full Time Equivalent (FTE) tar- employee of such department or agency. amounts set forth in the budget estimates sub- gets by broad occupational categories and a SEC. 413. None of the funds provided in this mitted to the Congress. summary of how these targets reflect the respec- Act to any department or agency shall be obli- SEC. 423. None of the funds appropriated or tive missions of Headquarters and the field Cen- gated or expended to procure passenger auto- otherwise made available by this Act shall be ters; mobiles as defined in 15 U.S.C. 2001 with an used to promulgate a final regulation to imple- ‘‘(3) a description of personnel initiatives, EPA estimated miles per gallon average of less ment changes in the payment of pesticide toler- such as relocation assistance, early retirement than 22 miles per gallon. ance processing fees as proposed at 64 Fed. Reg. incentives, and career transition assistance, SEC. 414. None of the funds appropriated in 31040, or any similar proposals. The Environ- which NASA will use to achieve personnel re- title I of this Act shall be used to enter into any mental Protection Agency may proceed with the ductions or to rebalance the workforce; and new lease of real property if the estimated an- development of such a rule. ‘‘(4) a description of efficiencies in operations nual rental is more than $300,000 unless the Sec- SEC. 424. Except in the case of entities that are achieved through the use of the voluntary sepa- retary submits, in writing, a report to the Com- funded solely with Federal funds or any natural ration incentive.’’; and mittees on Appropriations of the Congress and a persons that are funded under this Act, none of (d) in subsection (j), by deleting ‘‘September period of 30 days has expired following the date the funds in this Act shall be used for the plan- 30, 2000’’ and inserting in lieu thereof ‘‘Sep- on which the report is received by the Commit- ning or execution of any program to pay the ex- tember 30, 2002’’. tees on Appropriations. penses of, or otherwise compensate, non-Federal SEC. 429. Section 70113(f) of title 49, United SEC. 415. (a) It is the sense of the Congress parties to lobby or litigate in respect to adju- States Code, is amended by striking ‘‘December that, to the greatest extent practicable, all dicatory proceedings funded in this Act. A chief 31, 2000’’, and inserting ‘‘December 31, 2001’’. equipment and products purchased with funds executive officer of any entity receiving funds SEC. 430. All Departments and agencies fund- made available in this Act should be American- under this Act shall certify that none of these ed under this Act are encouraged, within the made. funds have been used to engage in the lobbying limits of the existing statutory authorities and (b) In providing financial assistance to, or en- of the Federal Government or in litigation funding, to expand their use of ‘‘E-Commerce’’ tering into any contract with, any entity using against the United States unless authorized technologies and procedures in the conduct of funds made available in this Act, the head of under existing law. their business practices and public service ac- each Federal agency, to the greatest extent SEC. 425. No part of any funds appropriated tivities. practicable, shall provide to such entity a notice in this Act shall be used by an agency of the ex- SEC. 431. Title III of the National Aeronautics describing the statement made in subsection (a) ecutive branch, other than for normal and rec- and Space Act of 1958, Public Law 85–568, is by the Congress. ognized executive-legislative relationships, for amended by adding the following new section at SEC. 416. None of the funds appropriated in publicity or propaganda purposes, and for the the end: this Act may be used to implement any cap on preparation, distribution or use of any kit, pam- ‘‘SEC. 312. (a) Appropriations for the Adminis- reimbursements to grantees for indirect costs, ex- phlet, booklet, publication, radio, television or tration for fiscal year 2002 and thereafter shall cept as published in Office of Management and film presentation designed to support or defeat be made in three accounts, ‘Human space Budget Circular A–21. legislation pending before the Congress, except flight’, ‘Science, aeronautics and technology’, SEC. 417. Such sums as may be necessary for in presentation to the Congress itself. and an account for amounts appropriated for fiscal year 2001 pay raises for programs funded SEC. 426. None of the funds provided in title II the necessary expenses of the Office of Inspector by this Act shall be absorbed within the levels for technical assistance, training, or manage- General. Appropriations shall remain available appropriated in this Act. ment improvements may be obligated or ex- for 2 fiscal years. Each account shall include SEC. 418. None of the funds made available in pended unless HUD provides to the Committees the planned full costs of the Administration’s this Act may be used for any program, project, on Appropriations a description of each pro- related activities. or activity, when it is made known to the Fed- posed activity and a detailed budget estimate of ‘‘(b) To ensure the safe, timely, and successful eral entity or official to which the funds are the costs associated with each activity as part of accomplishment of Administration missions, the made available that the program, project, or ac- the Budget Justifications. For fiscal year 2001, Administration may transfer amounts for Fed- tivity is not in compliance with any Federal law HUD shall transmit this information to the eral salaries and benefits; training, travel and relating to risk assessment, the protection of pri- Committees by December 1, 2000, for 30 days of awards; facility and related costs; information vate property rights, or unfunded mandates. review. technology services; publishing services; science, SEC. 419. Corporations and agencies of the De- SEC. 427. None of the funds made available in engineering, fabricating and testing services; partment of Housing and Urban Development this Act may be used for the designation, or ap- and other administrative services among ac- which are subject to the Government Corpora- proval of the designation, of any area as an counts, as necessary. tion Control Act, as amended, are hereby au- ozone nonattainment area under the Clean Air ‘‘(c) The Administrator, in consultation with thorized to make such expenditures, within the Act pursuant to the 8-hour national ambient air the Director of the Office of Management and limits of funds and borrowing authority avail- quality standard for ozone that was promul- Budget, shall determine what balances from the able to each such corporation or agency and in gated by the Environmental Protection Agency ‘Mission support’ account are to be transferred accord with law, and to make such contracts on July 18, 1997 (62 Fed. Reg. 38,356, p. 38855) to the ‘Human space flight’ and ‘Science, aero- and commitments without regard to fiscal year and remanded by the District of Columbia Court nautics and technology’ accounts. Such bal- limitations as provided by section 104 of the Act of Appeals on May 14, 1999, in the case, Amer- ances shall be transferred and merged with the as may be necessary in carrying out the pro- ican Trucking Ass’ns. v. EPA (No. 97–1440, 1999 ‘Human space flight’ and ‘Science, aeronautics grams set forth in the budget for 2001 for such Westlaw 300618) prior to June 15, 2001 or final and technology’ accounts, and remain available corporation or agency except as hereinafter pro- adjudication of this case by the Supreme Court for the period of which originally appro- vided: Provided, That collections of these cor- of the United States, whichever occurs first. priated.’’. porations and agencies may be used for new SEC. 428. Section 432 of Public Law 104–204 loan or mortgage purchase commitments only to (110 Stat. 2874) is amended— TITLE V—FILIPINO VETERANS’ BENEFITS the extent expressly provided for in this Act (un- (a) in subsection (c) by inserting ‘‘or to re- IMPROVEMENTS less such loans are in support of other forms of structure and improve the efficiency of the SEC. 501. (a) RATE OF COMPENSATION PAY- assistance provided for in this or prior appro- workforce’’ after ‘‘the National Aeronautics and MENTS FOR FILIPINO VETERANS RESIDING IN THE priations Acts), except that this proviso shall Space Administration’’ and before ‘‘the Admin- UNITED STATES.—(1) Section 107 of title 38, not apply to the mortgage insurance or guar- istrator’’; United States Code, is amended— H10098 CONGRESSIONAL RECORD — HOUSE October 18, 2000 (A) by striking ‘‘Payments’’ in the second sen- TITLE I—DEPARTMENT OF VETERANS motor-neuron diseases such as Parkinson’s tence of subsection (a) and inserting ‘‘Except as AFFAIRS disease and multiple sclerosis. provided in subsection (c), payments’’; and VETERANS BENEFITS ADMINISTRATION The conferees urge the implementation of the telemedicine project in Huntsville, Ala- (B) by adding at the end the following new READJUSTMENT BENEFITS subsection: bama. Appropriates the budget request of The conferees direct that the Department ‘‘(c) In the case of benefits under subchapters $1,634,000,000 as proposed by the Senate in- include in the fiscal year 2002 budget jus- II and IV of chapter 11 of this title paid by rea- stead of $1,664,000,000 as proposed by the tification estimates for all national pro- son of service described in subsection (a) to an House. The conferees retain bill language as grams, projects and initiatives totaling individual residing in the United States who is proposed by the Senate ensuring that all ad- $5,000,000 or more. The conferees further di- a citizen of, or an alien lawfully admitted for ministrative services are charged to the gen- rect that the Department include in the fis- permanent residence in, the United States, the eral operating expenses appropriation. cal year 2001 operating plan its efforts to im- second sentence of subsection (a) shall not plement management efficiencies, including apply.’’. VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT instituting best practices on a national (2) The amendments made by paragraph (1) basis. shall take effect on the date of the enactment of (INCLUDING TRANSFER OF FUNDS) The conferees direct the Department to this Act and shall apply to benefits paid for Appropriates $162,000,000 as proposed by the continue the demonstration project involv- months beginning on or after that date. Senate instead of $161,484,000 as proposed by ing the Clarksburg VAMC and the Ruby Me- (b) ELIGIBILITY FOR HEALTH CARE OF DIS- the House. morial Hospital at West Virginia University. ABLED FILIPINO VETERANS RESIDING IN THE VETERANS HEALTH ADMINISTRATION The conferees direct that of the amounts provided, not to exceed $250,000 may be used UNITED STATES.—Section 1734 of such title is MEDICAL CARE amended— to host The Sixth International Paralympic (INCLUDING TRANSFER OF FUNDS) Committee Scientific Congress on ‘‘Sport (1) by inserting ‘‘(a)’’ before ‘‘The Sec- Retains the transfer of $28,134,000 as pro- and Human Performance Beyond Disability.’’ retary,’’; and posed by the House instead of $27,907,000 as The conferees believe this conference is (2) by adding at the end the following: proposed by the Senate from medical care to within the mission of VA considering the De- ‘‘(b) An individual who is in receipt of bene- the general operating expenses appropriation partment’s current programs, which support fits under subchapter II or IV of chapter 11 of for expenses of the Office of Resolution Man- disabled athletes. this title paid by reason of service described in agement and the Office of Employment Dis- The conferees support the expansion of the section 107(a) of this title who is residing in the crimination Complaint Adjudication. Joslin Vision Network to additional pilot United States and who is a citizen of, or an Retains bill language delaying the avail- sites in fiscal year 2001. Estimated costs for alien lawfully admitted for permanent residence ability of $900,000,000 for equipment and land fiscal year 2001 are $5,000,000. in, the United States shall be eligible for hos- and structures until August 1, 2001 and re- The conferees encourage VA to initiate a pital and nursing home care and medical serv- maining available until September 30, 2002 as national demonstration project of excellence ices in the same manner as a veteran, and the proposed by the Senate instead of $927,000,000 in the care of aging veterans with rehabilita- disease or disability for which such benefits are as proposed by the House. tive needs involving a collaborative effort paid shall be considered to be a service-con- Retains bill language making $500,000,000 between the Atlanta Veterans Affairs Med- nected disability for purposes of this chapter.’’. available until September 30, 2002 as pro- ical Center, Emory Healthcare, and its affili- (c) HEALTH CARE FOR VETERANS RESIDING IN posed by the Senate instead of $900,000,000 as ated network of community-based services, THE PHILIPPINES.—Section 1724 of such title is proposed by the House. Atlanta Senior Care. amended by adding at the end the following Deletes bill language limiting $3,000,000,000 The conferees are aware that the VA un- new subsection: for maintenance and operations expenses. dertakes numerous pilot projects in hos- pitals and VISNs across the country in hopes ‘‘(e) Within the limits of an outpatient clinic The conferees strongly support the redirec- of providing better access to medical care in the Republic of the Philippines that is under tion of medical resources from the mainte- more efficiently to our nation’s veterans. the direct jurisdiction of the Secretary, the Sec- nance and operations of unneeded buildings The conferees trust that the Department’s retary may furnish a veteran who has a service- to support direct patient care. The conferees leadership carefully reviews the costs and connected disability with such medical services understand that for fiscal year 2001 VA is an- benefits of pilot projects to determine the as the Secretary determines to be needed.’’. ticipating spending less than $3,000,000,000 in this area. The conferees direct that VA care- project’s feasibility and value for standard TITLE VI—DEBT REDUCTION fully monitor maintenance and operation ex- operation prior to inclusion in the Depart- DEPARTMENT OF THE TREASURY penditures and that significant efforts to re- ment’s budget justification. No funds may be duce those expenditures be undertaken prior obligated for new pilot projects authorized BUREAU OF THE PUBLIC DEBT to and in conjunction with full CARES eval- by law in fiscal year 2001 exceeding GIFTS TO THE UNITED STATES FOR REDUCTION OF uation and implementation over the next $10,000,000 in cost until a reprogramming re- THE PUBLIC DEBT several years. A report that identifies these quest is submitted by the Department and approved by the Committees on Appropria- For deposit of an additional amount for fiscal fiscal year 2001 costs by network and the ef- forts to reduce these costs this year should tions. year 2001 into the account established under The conferees are concerned with the section 3113(d) of title 31, United States Code, to be submitted by March 31, 2001. Retains bill language proposed by the issues raised in the GAO report ‘‘Disabled reduce the public debt, $5,172,730,916.14. House prohibiting the transfer of medical Veterans’ Care, Better Data and More Ac- Titles I–VI of this Act may be cited as the care funds to the Department of Justice for countability Needed to Adequately Assess ‘‘Departments of Veterans Affairs and Housing the purpose of pursuing tobacco litigation. Care’’ regarding VA’s ability to measure and Urban Development, and Independent The conferees direct the Department to compliance with maintaining a certain level Agencies Appropriations Act, 2001’’. submit one report within four months of en- of care for special disability programs such The language and allocations set forth in actment of this Act addressing the concerns as spinal cord injury and mental illness. The House Report 106–674 and Senate Report 106– regarding hepatitis C expenditures, testing conferees urge the VA to re-examine GAO’s 410 should be complied with unless specifi- and treatment contained in House Report recommendation to establish a work group cally addressed to the contrary in the con- 106–674 and Senate Report 106–410. to monitor these programs. In addition, the ference report and statement of the man- The House report contained language di- conferees direct VA to develop outcome agers. Report language included by the recting the VA to reimburse hepatitis C measures applicable to each VISN to evalu- House which is not changed by the report of treatment as a complex care component ate the Department’s performance in these the Senate or the conference, and Senate re- starting in fiscal year 2001. The conferees areas. port language which is not changed by the recognize VA for releasing $20,000,000 from MEDICAL AND PROSTHETIC RESEARCH conference is approved by the committee of the National Reserve in June 2000 to address Appropriates $351,000,000 for medical and conference. The statement of the managers, the growing need for treatment and the geo- prosthetic research as proposed by the House while repeating some report language for graphic differences in prevalence of the dis- instead of $321,000,000 as proposed by the Sen- emphasis, does not intend to negate the lan- ease. The conferees also note the action by ate. guage referred to above unless expressly pro- the Department in August 2000 to amend the The conferees are aware of the impact that vided herein. In cases in which the House or VERA policy to reimburse hepatitis C treat- drug addiction has on the veterans popu- Senate have directed the submission of a re- ment as a complex care component effective lation and are pleased with the VA’s leader- port, such report is to be submitted to both fiscal year 2001. The conferees direct the De- ship role in pursuing and developing new House and Senate Committees on Appropria- partment to continue adjusting testing and treatments for addiction. The conferees tions. treatment funds as more is learned about the strongly encourage the VA to increase its Unless specifically addressed in this re- prevalence of the disease and keep the Com- support for addiction research efforts in this port, the conferees agree to retain the re- mittees on Appropriations informed about area, and note that an effective research pro- programming thresholds for each depart- funding levels and decisions. gram must include large clinical trials, as ment or agency at the level established by The conferees urge the Department to es- well as, biochemical and neuro-pharma- the fiscal year 2000 conference agreement. tablish up to five centers of excellence for cological basic research. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10099 The conferees are encouraged by the peditiously and include in a report to the program as directed in the Veterans Millen- progress made by the VA and the National Committees on Appropriations the geo- nium Health Care and Benefits Act (P.L. 106– Technology Transfer Center (NTTC) during graphic areas in need of a cemetery within 75 117). Until those regulations are issued, the past year in identifying promising VA miles of veterans populations, when the cur- many state and local governments which technological advances that offer the poten- rently-available cemeteries will close, and a seek to obtain these grants are severely dis- tial for commercial applications. The con- priority ranking for establishing new ceme- advantaged by the lack of criteria available ferees direct that this partnership should be teries. The survey should include the Albu- to determine eligibility. The conferees direct continued at the current level of effort and querque area of New Mexico. the VA to move expeditiously to issue the that a targeted partnership identification OFFICE OF INSPECTOR GENERAL regulations mandated by P.L. 106–117. process is essential to the successful mar- (INCLUDING TRANSFER OF FUNDS) GRANTS FOR THE CONSTRUCTION OF STATE keting and licensing process. Retains House language transferring not to VETERANS CEMETERIES DEPARTMENTAL ADMINISTRATION exceed $28,000 from the Office of Inspector The conferees encourage the Department GENERAL OPERATING EXPENSES General appropriation to the general oper- to work with California as the state applies Appropriates $1,050,000,000 for general oper- ating expenses appropriation for expenses of for a state cemetery grant. ating expenses as proposed by the Senate in- the Office of Resolution Management and the ADMINISTRATIVE PROVISIONS stead of $1,006,000,000 as proposed by the Office of Employment Discrimination Com- Retains language proposed by the Senate House. Retains bill language proposed by the plaint Adjudication instead of $30,000 as pro- requiring receipts collected under the Vet- Senate making $45,000,000 available until posed by the Senate. erans Millennium Health Care and Benefits September 30, 2002, instead of $50,050,000 as CONSTRUCTION, MAJOR PROJECTS Act (P.L. 106–117) to be maintained in the proposed by the House. Appropriates $66,040,000 for construction, collections fund subject to appropriation. Deletes without prejudice the provision major projects instead of $62,140,000 as pro- Retains language proposed by the House proposed by the House regarding transfers. posed by the House and $48,540,000 as pro- extending the availability of previously ap- The conferees have no objection to fund posed by the Senate. propriated funds for artificial neural net- transfers authorized by law. The conference agreement includes the fol- works research with the Department of De- Retains bill language as proposed by the lowing changes from the budget estimate: fense until September 30, 2003. Senate allowing administrative services pro- +$1,000,000 for advanced planning of a na- Retains language proposed by the House vided for rehabilitation services to be tional cemetery in Pittsburgh, Pennsyl- transferring funds from the Office of Inspec- charged to the general operating expenses vania. tor General ($78,000), national cemetery ad- account. +$2,500,000 for advanced planning of a na- ministration ($358,000), medical care The conferees direct that of the amount tional cemetery in Atlanta, Georgia. ($1,106,000), and medical administration and provided, $826,488,000 is for the Veterans Ben- +$15,000,000 for land acquisition for a na- miscellaneous operating expenses ($84,000) efits Administration. Funding priority tional cemetery in South Florida. accounts, and reprogrammed within the gen- should be given to hiring additional FTEs for +$12,000,000 for cemetery construction in eral operating expenses account ($38,000) to improving claims processing time and accu- Oklahoma City, Oklahoma. general operating expenses for HR LINK$ racy. +$1,000,000 for design of a nursing home at services. The conferees are aware that there is a the Beckley, West Virginia VAMC. Retains language proposed by the House pressing need for renovating the Lafayette ¥$26,600,000 from Palo Alto NHCU. transferring $1,600,000 from medical care to Building at 811 Vermont Avenue to the ben- ¥$0 for the medical design fund. general operating expenses for general coun- efit of both the VA and the Export-Import +$1,400,000 for National Cemetery Adminis- sel services. Bank. The House report included language tration advance planning. Deletes language proposed by the House di- requesting a feasibility study to be con- ¥$1,735,000 from the working reserve. recting Capital Investment Board pre-ap- ducted on the potential utilization of en- The conferees encourage the Department proval for large procurement actions and a hanced-use leasing authority by the VA as a to begin planning efforts for a national cem- report on the establishment of mental ill- means of renovating the Lafayette Building. etery in New Mexico. ness, education and clinical centers. In lieu of the feasibility study recommended CONSTRUCTION, MINOR PROJECTS Retains language proposed by the Senate by the House, the conferees direct the Gen- transferring up to $1,200,000 from medical Appropriates $162,000,000 for construction, eral Services Administration to work with care to general operating expenses for Hines minor projects as proposed by the Senate in- the VA and the Export-Import Bank on an Data Center services. stead of $100,000,000 as proposed by the expedited basis to develop a renovation plan Retains language proposed by the Senate House. considering all alternatives authorized by transferring up to $4,500,000 from minor con- law for the Lafayette Building which would The conferees reiterate the expectation that VA will review and approve all minor struction and up to $2,000,000 from medical ensure the continued ability of both agencies care to the parking revolving fund for sur- to collocate in the building and submit a construction projects in a manner that is consistent with the process applied by the face parking lot projects. joint report to the Committee by June 1, Retains language proposed by the Senate 2001. Capital Investment Board which reviews major projects, and consistent with the Cap- establishing a 60–day wait period for any ac- The conferees have provided funds for the tion related to VISN 12 realignment after the coreFLS and HR LINK$ projects and expects ital Asset Realignment for Enhanced Serv- ices (CARES) initiative. A central office Secretary makes a recommendation and VA to implement these initiatives as top pri- consults all pertinent stakeholders. orities. The conferees direct VA to submit a work group, consisting of both VHA and report by December 1, 2000 on the milestones other Department officials, is to review all TITLE II—DEPARTMENT OF HOUSING and funding commitments for the projects minor projects using criteria consistent with AND URBAN DEVELOPMENT through fiscal year 2002. those developed for CARES. If the total costs PUBLIC AND INDIAN HOUSING of projects being initiated at any facility or NATIONAL CEMETERY ADMINISTRATION HOUSING CERTIFICATE FUND integrated health care system exceeds (INCLUDING TRANSFER OF FUNDS) $4,000,000, the recommendations of the work (INCLUDING TRANSFERS OF FUNDS) Appropriates $109,889,000 for the National group must be approved by the Deputy Sec- Appropriates $13,940,907,000 for the housing Cemetery Administration as proposed by the retary. certificate fund, instead of $13,275,388,000 as Senate instead of $106,889,000 as proposed by The conferees urge the Department to give proposed by the House and $13,171,000,000 as the House. highest priority to projects improving fe- proposed by the Senate. The conference Retains House language transferring not to male patient privacy in VA health facilities. agreement includes: exceed $125,000 from the national cemetery The conferees recommend $150,000 for con- $12,972,000,000 for expiring section 8 housing administration appropriation to the general struction of a sunscreen structure for the assistance contracts, section 8 amendments, operating expenses appropriation for ex- National Memorial Cemetery of the Pacific. and contracts entered into pursuant to sec- penses of the Office of Resolution Manage- PARKING REVOLVING FUND tion 441 of the Stewart B. McKinney Home- ment and the Office of Employment Dis- less Assistance Act; Retains language proposed by the Senate crimination Complaint Adjudication instead $452,907,000 to provide 79,000 ‘‘incremental’’ permitting operation and maintenance costs of $117,000 as proposed by the Senate. section 8 housing assistance vouchers, to in- of parking facilities to be funded from the Retains language proposed by the House crease the number of low-income individuals medical care appropriation. and stricken by the Senate providing a trav- and families receiving assistance. The con- el limitation of $1,125,000 for the National GRANTS FOR CONSTRUCTION OF STATE ferees note that HUD took more than 12 Cemetery Administration. EXTENDED CARE FACILITIES months awarding new vouchers despite the The conferees are aware of the provision in Appropriates $100,000,000 for grants for con- fact that a formula dictates their distribu- the Veterans Millennium Heath Care and struction of state extended care facilities as tion. The delay can be attributed, in large Benefits Act (P.L. 106–117) requiring VA to proposed by the Senate instead of $90,000,000 part, to including the voucher Notice of conduct a national cemetery needs survey. as proposed by the House. Funding Availability (NOFA) with the The conferees direct the National Cemetery The conferees note that the VA has not yet ‘‘Super NOFA,’’ which is rarely published Administration to complete this survey ex- promulgated regulations for the state grant until March—six months into the fiscal year. H10100 CONGRESSIONAL RECORD — HOUSE October 18, 2000 HUD is encouraged to issue the NOFA ear- The conferees remain troubled by the De- ferees further direct HUD to provide tech- lier, so that vouchers can be awarded within partment’s implementation of the ‘‘Public nical assistance in meeting this goal, work- eight months of enactment of this appropria- Housing Assessment System’’ (PHAS). The ing in cooperation with appropriate staff of tions measure. The Committees will be fol- system has had problems with the reliability the National Credit Union Administration lowing HUD’s progress making these awards, of the inspections, the training and skills of (NCUA). and will act appropriately if the funds are some contract inspectors, and the effective- The conferees commend HUD’s decision to not awarded with alacrity. ness of quality assurance measures. Accord- continue support for the Campus Affiliates $40,000,000 to provide section 8 housing ingly, the conferees direct HUD to continue Program, a unique partnership of HUD, the vouchers to non-elderly, disabled residents to assess the accuracy and effectiveness of Housing Authority of New Orleans, higher who are affected by the designation of public the PHAS system and to take whatever re- education, and the private sector. This pro- and assisted housing as ‘‘elderly-only’’ devel- medial steps may be needed, including imple- gram has begun to meet the needs of public opments as proposed by the Senate instead menting the recommendations made by GAO housing residents in New Orleans by pro- of $25,000,000 as proposed by the House; in its July 2000 report. Specifically, the con- viding assistance and activities that foster $192,000,000 is for section 8 contract admin- ferees direct HUD to revise its April 2000 self-sufficiency. The conferees expect HUD to istrators as proposed by the House. The Sen- quality assurance plan to ensure that qual- continue to participate in this activity. ate did not provide a specific appropriation ity assurance activities it contains will pro- NATIVE AMERICAN HOUSING BLOCK GRANTS for this activity; and vide HUD with the information it needs to (INCLUDING TRANSFERS OF FUNDS) $266,000,000 is for tenant protection vouch- evaluate (1) inspection contractors’ compli- Appropriates $650,000,000 for Native Amer- ers, including for relocating residents im- ance with provisions in their contracts and ican Housing Block Grants as proposed by pacted by a HOPE VI project. quality control program, (2) inspectors’ per- the Senate instead of $620,000,000 as proposed Deletes language proposed by the House formance in applying HUD’s inspection pro- by the House. providing $37,000,000 for Shelter Plus Care re- tocol, (3) the accuracy of the inspections and Appropriates $6,000,000 for technical assist- newals. A new account called ‘‘Shelter Plus resulting scores, and (4) the performance of ance grants as proposed by the House instead Care’’ was created for this purpose. the program as indicated by the precision of $4,000,000 as proposed by the Senate. The Deletes language proposed by the House and replicability of the inspection protocol. conferees agree not to provide $2,000,000 to providing $66,000,000 for low-income tax cred- Further, the conferees direct HUD to per- the National American Indian Housing Coun- it vouchers. The Senate did not include a form a statistically valid test of PHAS, con- cil (NAIHC) as proposed by the House or similar provision. duct a thorough analysis of the results, and $4,000,000 as proposed by the Senate. Deletes language proposed by the House have the methodology and results reviewed Transfers $2,000,000 to the Working Capital providing $660,000 for systems needed to mon- by an independent expert. The Department Fund for the development and maintenance itor PHAs that increase the payment stand- should provide a report to the Committees of information technology systems as pro- ard of vouchers. The Senate did not include on Appropriations by March 1, 2001, that de- posed by the House. Similar language was a similar provision. scribes the results of these reviews and the not included by the Senate. Includes language proposed by the House steps taken to improve the accuracy and re- INDIAN HOUSING LOAN GUARANTEE FUND transferring $11,000,000 to the Working Cap- liability of PHAS. In the interim, HUD PROGRAM ACCOUNT ital Fund for developing and maintaining in- should not take any adverse actions against (INCLUDING TRANSFER OF FUNDS) formation technology systems. The Senate housing authorities solely on the basis of Historically, Native Americans have had did not include a similar provision. PHAS scores. Includes language proposed by the House limited access to private mortgage capital because much of the land in Indian country to cancel obligated balances of terminated DRUG ELIMINATION GRANTS FOR LOW—INCOME is held in trust by the Federal government. contract authority. The Senate did not in- HOUSING As such, the land cannot be encumbered or clude a similar provision. (INCLUDING TRANSFERS OF FUNDS) alienated. The Indian Home Loan Guarantee Deletes language proposed by the Senate Appropriates $310,000,000 for drug elimi- Program was created to address the lack of providing that funds for administrative fees nation grants as proposed by the Senate in- mortgage capital by authorizing HUD to may be used to cover costs of administering stead of $300,000,000 as proposed by the guarantee loans made by private lenders. section 8 programs. The House did not in- House. Getting a loan, however, depends on the bor- clude a similar provision. Includes $20,000,000 for the New Approach rower securing a leasehold on tribally-held Inserts new language appropriating Anti-Drug program as proposed by the Sen- $7,000,000 to complete the funding required lands. This leasehold, which is used as secu- ate instead of no funding as proposed by the rity for the mortgage, can only be obtained for the Jobs-Plus Demonstration program. House. after the Bureau of Indian Affairs (BIA) con- Rescinds $1,833,000,000 in excess section 8 Includes $3,000,000 for technical assistance recaptures. ducts a title status report (TSR). HUD can- grants instead of $5,000,000 as proposed by the not endorse the guarantee until a final TSR PUBLIC HOUSING CAPITAL FUND House and Senate. This account was reduced is completed and is part of the financial (INCLUDING TRANSFER OF FUNDS) from the requested level of $10,000,000, and package. Appropriates $3,000,000,000 for the public the House and Senate proposed levels of Fortunately, HUD and BIA have made con- housing capital fund instead of $2,955,000,000 $5,000,000. The conferees are displeased about siderable progress making their program re- as proposed by the Senate and $2,800,000,000 HUD’s refusal to provide information in a quirements more compatible with one an- as proposed by the House. Like last year, the timely way about the amount of funds ex- other; however, if the loan guarantee pro- conferees recommend increasing this ac- pended and/or obligated on HUD’s gun buy- gram is to be used to its greatest potential, count above the request, and above levels back program—an unauthorized activity ac- additional progress needs to be made, espe- provided in the House and Senate bills, rec- cording to a legal opinion by the Comptroller cially on the length of time it takes to com- ognizing the serious unmet needs for capital General of the United States. Even if HUD’s plete a TSR. HUD and BIA should continue improvements to the nation’s public hous- attorneys interpret existing legal authority their dialogue on removing any impediments ing. differently from the Comptroller General, re- to this process. Transfers $43,000,000 from this account to fusing to provide information to the Com- COMMUNITY PLANNING AND the Working Capital Fund for the develop- mittees, especially about matters clearly DEVELOPMENT within their purview, is unacceptable and ment and maintenance of information tech- HOUSING OPPORTUNITIES FOR PERSONS WITH will be dealt with accordingly. nology systems. AIDS Recognizing that public housing for the el- Includes $2,000,000 for the Boys and Girls Clubs of America for operating expenses and Appropriates $258,000,000 for housing oppor- derly serves the poorest, the most racially tunities for persons with AIDS instead of and ethnically diverse, the oldest, and the start up costs of clubs operating in or near public housing, or in housing assisted under $250,000,000 as proposed by the House and largest number of seniors of the assisted $232,000,000 as proposed by the Senate. Of the housing programs, the conferees reiterate the Native American housing block grant program. amount, one percent is appropriated for the House report regarding the potential im- technical assistance as proposed by the portance of the Elderly Plus demonstration REVITALIZATION OF SEVERELY DISTRESSED House instead of .75 percent as proposed by which proposes to retrofit these buildings. PUBLIC HOUSING the Senate. PUBLIC HOUSING OPERATING FUND (HOPE VI) Includes language that requires HUD to Appropriates $3,242,000,000 for the public Appropriates $575,000,000 for the revitaliza- renew all expiring HOPWA contracts funded housing operating fund instead of tion of severely distressed public housing under the non-formula component of the $3,139,000,000 as proposed by the House and program as proposed by the Senate instead HOPWA program so long as the project $3,192,000,000 as proposed by the Senate. Like of $565,000,000 as proposed by the House. meets all other program requirements. The the increase to the public housing capital Recognizing the importance of affordable conferees believe that it is critical to main- fund, this increase reflects the conferees’ basic financial services in low-income neigh- tain the federal investment in existing commitment to providing adequate re- borhoods, the conferees urge grantees to en- projects to the maximum extent feasible. sources to public housing—in this case for courage and facilitate the establishment of RURAL HOUSING AND ECONOMIC DEVELOPMENT basic costs like water, gas and electric utili- community credit unions as part of HOPE VI Appropriates $25,000,000 for rural housing ties, security, and routine maintenance. housing revitalization projects. The con- and economic development instead of October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10101 $27,000,000 as proposed by the Senate, and residents), and to report to the Committees $500,000 for the City of Woodbury, New Jer- $20,000,000 as proposed by the House. on Appropriations regarding performance sey for downtown economic development ac- AMERICA’S PRIVATE INVESTMENT COMPANIES and progress in meeting those benchmarks; tivities; PROGRAM ACCOUNT $28,450,000 for the Capacity Building for $1,000,000 for the City of Wildwood, New Community Development and Affordable Jersey for revitalization of the Pacific Ave- The conferees are aware that the President Housing program, authorized by section 4 of nue Business District; and the Speaker of the House of Representa- P.L. 103–120, as in effect before June 12, 1997, $500,000 for the City of Gardena, California tives have agreed to a framework for a ‘‘New instead of $23,450,000 proposed by the House for planning of downtown redevelopment; Markets Initiative’’ that includes providing and $25,000,000 proposed by the Senate. Of the $300,000 for the City of Chicago, Illinois for $37,000,000 in credit subsidy for APIC. As part amount provided, at least $5,000,000 shall be the South Chicago Housing Initiative; of this conference agreement, the conferees for capacity building activities in rural areas $500,000 for the city of Detroit, Michigan agree, when the initiative is enacted, to pro- as proposed by the Senate instead of for the Detroit River Promenade Project. vide these funds through a supplemental ap- $4,000,000 as proposed by the House. Addition- $29,000,000 is appropriated separately for propriation measure, or through another ap- ally, $3,450,000 is for Habitat for Humanity credit subsidy for section 108 loan guarantees propriate vehicle. International as proposed by the House. The as proposed by the Senate instead of EMPOWERMENT ZONES/ENTERPRISE Senate did not provide funds for this pro- $28,000,000 as proposed by the House. Limits COMMUNITIES gram; loan guarantees to $1,261,000,000 as proposed Inserts new language providing $75,000,000 $60,000,000 for Youthbuild as proposed by by the Senate instead of $1,217,000,000 as pro- for grants to urban empowerment zones to be the Senate instead of $45,000,000 as proposed posed by the House; used in conjunction with economic develop- by the House. This amount includes $4,000,000 $2,000,000 is for the Utah Housing Finance ment activities detailed in the strategic for capacity building activities and Agency for temporary housing necessary for plans of each empowerment zone. Neither $10,000,000 for underserved and rural areas as the 2002 Olympic Games to be held in Salt the House nor the Senate included a similar proposed by the Senate. The House did not Lake City, Utah, as proposed by the Senate. provision. include similar language; The House did not have similar language; Inserts new language providing $15,000,000 $20,000,000 for grants to eligible grantees $15,000,000 is to be transferred to the Work- to the Secretary of Agriculture for grants to under section 11 of the Self-Help Housing Op- ing Capital Fund for the development of in- designated empowerment zones. Neither the portunity Program Extension Act of 1996, as formation technology systems; House nor the Senate included a similar pro- proposed by the House. The Senate did not $292,000,000 for economic development ini- vision. include funds for this item; tiatives. The targeted grants shall be made As with APIC, the conferees agree to pro- $44,000,000 for the Neighborhood Initiatives as follows: $500,000 for The Palace Theater for its ren- vide an additional $110,000,000 for EZ/ECs program instead of $10,000,000 as proposed by ovation in Manchester, New Hampshire; when the New Markets Initiative is enacted. the House and no funding as proposed by the Senate, of which: $300,000 for the Manchester Historic Asso- COMMUNITY DEVELOPMENT FUND $5,000,000 is for the Institute for Software ciation for the restoration of the Millyard (INCLUDING TRANSFERS OF FUNDS) Research for construction related to a high- Museum in Manchester, New Hampshire; Appropriates $5,057,550,000 for the commu- technology diversification initiative; $700,000 for Lewis and Clark College in nity development fund instead of $10,000,000 is for the City of Syracuse for Portland, Oregon for construction and pro- $4,505,000,000 as proposed by the House and the Neighborhood Initiative Program; gram activities at Bicentennial Hall in Port- $4,800,000,000 as proposed by the Senate. $2,000,000 is for the Louisville Community land, Oregon; Inserts language proposed by the House Development Bank for the Louisville Neigh- $1,000,000 for the Omaha Housing Initiative creating the Community Development Fund borhood Initiative; to create affordable housing and encourage $5,000,000 to the Vandalia Heritage Founda- (CDF) and identifying the various set-asides homeownership in Omaha, Nebraska; tion, Inc. for community and neighborhood in the account. The conferees agree to the $1,000,000 for the LOVE Social Services revitalization and economic diversification following earmarks; Center in Fairbanks, Alaska for a facility to initiatives; $4,409,000,000 for formula grants under the serve disadvantaged youth and provide other $2,500,000 for the Omaha Housing Initiative services; community development block grant pro- to create affordable housing and encourage gram; $250,000 for the Portland Oregon Visitors homeownership in Omah, Nebraska; Association for the Pioneer Courthouse $71,000,000 for grants to Indian tribes in- 2,000,000 for the Community Development stead of $67,000,000 as proposed by the House Square Lobby Renovation project in Port- Corporation of Kansas City and Health Mid- land, Oregon; and Senate; west Partners for Change in Kansas City, $45,500,000 for section 107 grants. The House $250,000 for Portland State University for Missouri for the revitalization initiative on the Portland State Engineering Building and provided $39,500,000 for section 107 grants and the northwest corner of 63rd Street and Pros- the Senate provided $41,500,000 for section 107 Central City Streetcar; pect Avenue; $1,100,000 for the Field Museum in Chicago, grants. The conference agreement provides $2,850,000 for the Missouri Botanical Gar- Illinois for the development of the ‘‘Sue’’ ex- the following earmarks within section 107: dens in St. Louis, Missouri for development hibit, a showcase of a 67 million-year-old T- $3,000,000 is for community development and revitalization activities associated with work study; Rex; McRee Town; $1,000,000 for the Community Action Agen- $10,000,000 is for historically black colleges $2,500,000 for Downtwon Now for revitaliza- cy of Southern New Mexico, Inc., for con- and universities; tion efforts of the Old Post Office District in struction of a regional food bank and sup- $8,000,000 is for the Community Outreach St. Louis Missouri; porting offices; Partnerships program; $2,000,000 for the Kansas City Neighborhood $700,000 for the City of Santa Fe, New Mex- $7,000,000 is for insular areas; Alliance in Kansas City, Missouri for the ico, to construct a permanent site for the $3,000,000 for tribal colleges and univer- Neighborhood Preservation Initiative in the Santa Fe Area Farmers Market at the his- sities; Blue Hills and Vineyard neighborhoods; toric Santa Fe rail yard; $3,000,000 for Alaska Native-Serving Insti- $1,500,000 for the City of South Bend, Indi- ana for the redevelopment of the Studebaker $250,000 for the Boys and Girls Club of Las tutions and native Hawaiian- serving institu- Cruces, New Mexico to upgrade existing fa- tions; Corridor; $1,500,000 for the Midtown Development cilities; $6,500,000 is for Hispanic-Serving Institu- $500,000 for Tatum, New Mexico to replace tions; and Corporation in Kansas City, Missouri for the redevelopment of the Mount Cleveland Com- its community center; $5,000,000 is for management information $150,000 for the Bataan Death March Memo- systems; munity; $850,000 for the City of Spartanburg, South rial renovations in Las Cruces, New Mexico; $2,600,000 for the National American Indian Carolina for Arkwright/Forest Park revital- $1,000,000 for Granite Falls, Minnesota to Housing Council instead of $3,000,000 as pro- ization; aid in recovery efforts from a tornado and se- posed by the House and $2,200,000 as proposed $300,000 for the City of Beloit, Wisconsin vere thunder storms; by the Senate; for the Beloit urban renewal project; $1,020,000 for the University of Idaho for $10,000,000 for the National Housing Devel- $500,000 for the City of Waterloo, Iowa for the construction of the Center for Science opment Corporation (NHDC), for continu- the redevelopment of blighted portions of the and Technology in Idaho Falls, Idaho; ation of its program of acquisition, rehabili- downtown area; $200,000 for Elmore County, Idaho for meet- tation, and preservation of at-risk affordable $500,000 for Patterson Park Development ing water system needs in the town of At- housing. The conferees direct NHDC to es- Corporation for the purchase and rehabilita- lanta; tablish benchmarks for performance (ad- tion of homes in the Patterson Park neigh- $1,000,000 for the City of Salmon, Idaho for dressing matters such as the amount of cap- borhood in Baltimore, Maryland; land acquisition, construction, and alter- ital and loan funds raised, the degree to $1,000,000 for the City of Des Moines, Iowa ation for the Sacajawea Interpretive, Cul- which federal investment is leveraged for planning of the redevelopment of the tural, and Education Center; through non-federal sources, and the number Riverpoint area; $500,000 for the Clearwater Economic De- of units of housing acquired and transferred $1,200,000 for City of Milwaukee, Wisconsin velopment Association in Northern Idaho, to new owners who will continue and protect for revitalization of the Menomonee Valley for implementation of the Lewis and Clark the housing’s affordability for low-income industrial area; Bicentennial Plan; H10102 CONGRESSIONAL RECORD — HOUSE October 18, 2000 $500,000 for Lewis-Clark State College for $800,000 for the City of Montrose, Colorado $1,000,000 for the City of Bangor, Maine for start-up activities associated with the Idaho for the development of affordable low-income the installation of steel bulkheading on the Virtual Incubator; housing; Penobscot River; $1,200,000 for MSU-Billings for the acquisi- $900,000 for the Trinity Repertory Company $1,000,000 for the City of Portland, Maine tion of a College of Business facility to house in Providence, Rhode Island for the conver- for funding the Bayside Development economic development activities; sion of an abandoned banking building; Project; $1,000,000 for Billings, Montana for the $300,000 for Upper Darby Township, Penn- $550,000 for Vinalhaven Elder Care Serv- completion of the Billings depot project; sylvania to assist residents with homes that ices, Inc. in Maine for the development of an $100,000 for Miles Community College in are sinking due to soil subsidence; elder care facility; Miles City, Montana for a feasibility study $150,000 for the Urban Redevelopment Au- $500,000 for the City of Dayton, Ohio for the regarding the conveyance of a VA medical thority of Pittsburgh, Pennsylvania for eco- restoration of the Main Street historic dis- facility; nomic development on Pittsburgh’s North trict; $500,000 for the Jefferson County Local De- Shore; $500,000 for Cleveland Tomorrow in Cleve- velopment Corporation in Whitehall, Mon- $100,000 for the City of Hazleton, Pennsyl- land, Ohio for the restoration of the Euclid tana for economic development activities; vania for economic development and revital- Beach Carousel; $350,000 for the Human Resources Develop- ization activities; $700,000 for the City of Xenia, Ohio for the ment Council in Bozeman, Montana for the $750,000 for the City of Johnstown, Penn- redevelopment of the area from damage due restoration of a historic property for com- sylvania for downtown economic develop- to a tornado. munity services offices; ment; $700,000 for the Cleveland Botanical garden $300,000 for the City of Columbia Falls, $300,000 for the City of Philadelphia, Penn- for the development of a glass house conserv- Montana for the restructuring of the Old sylvania to assist in the relocation of fami- atory; $500,000 for Skagit County for the preserva- Main Veterans Facility; lies in the Logan neighborhood whose homes tion of farmland in Skagit County, Wash- $1,500,000 for the City of Memphis for the were built on an improperly filled creek bed; ington; construction of the Stax Museum of Amer- $500,000 for Ford City, Pennsylvania for $1,000,000 for the Pacific Science Center in ican Soul Music in Memphis, Tennessee; brownfield revitalization; Seattle, Washington to complete the Mercer $500,000 for the City of Chattanooga, Ten- $300,000 for the City of Chester, Pennsyl- Island Slough Environmental Education nessee, Department of Parks Recreation, vania for the redevelopment of DeShong Arts, and Culture for revitalization efforts in Center; Park; $500,000 for the Seattle Art Museum in Se- Alton Park; $250,000 for Erie, Pennsylvania for the Dis- $700,000 for Winston-Salem-Forsyth Coun- attle, Washington for site development; covery Square museum expansion; $1,000,000 for the City of Lincoln, Nebraska ty, North Carolina for the development of $500,000 for the Please Touch Museum in the Science Center and Environment Park of for the construction of the Northbridge Cen- Philadelphia, Pennsylvania for relocation ter for Children and Youth; Forsyth County, North Carolina; costs; $700,000 for the redevelopment of Midwest $500,000 for the Southwest Border Region $200,000 for the Boys and Girls Club of Al- Partnership for an assessment of the border City, Oklahoma from damage from a tor- lentown, Pennsylvania for the Northern Le- nado; region’s future economic health; high Community Center; $250,000 for the Centro de Salud familiar La $250,000 for the Allen County Historical So- $400,000 for Allegheny County, Pennsyl- Fe in El Paso, Texas for community out- ciety for the redevelopment of the Funston vania for the redevelopment of the Brad- reach activities to assist low-income fami- Museum complex in Iola, Allen County, Kan- dock-Swissvale-Rankin industrial site; lies; sas; $500,000 for the National Museum for Amer- $1,000,000 for the City of Houston for rede- $1,000,000 for the Detroit Rescue Mission ican Jewish History in Philadelphia, Penn- velopment activities within Freedman’s Ministries for the purchase and renovation of sylvania for expansion efforts; Town; a building; $500,000 for the Reading Berks Emergency $250,000 for the Boys and Girls Club of $500,000 for Northern Initiatives to cap- Shelter in Reading, Pennsylvania for the Brownsville, Texas for building repairs and italize an Upper Peninsula Michigan Equity construction of a transitional housing facil- community services; Fund to assist in the development of small ity for the homeless; $250,000 for the George Gervin Youth center businesses; $250,000 for the City of Lancaster, Pennsyl- in San Antonio for the construction of a $250,000 for the City of Jackson, Michigan vania for the development of the Lancaster youth center; for downtown redevelopment; Square project; $500,000 for the City of Beaumont, Texas to $250,000 for William Tyndale College in $100,000 for Clarion County, Pennsylvania revitalize the Charlton-Pollard neighbor- Tyndale, Michigan for a learning resource for continued development of Liberty Towers hood; center; Senior Activities Facility; $500,000 for the Bayfront Arts and Science $500,000 for the University of Utah for the Park in Corpus Christi, Texas for the expan- planning and design of the Museum of $250,000 for the Nueva Esperanza Commu- nity Development Corporation in Philadel- sion of the park; Science and Nature; $250,000 for West Texas A&M University to $700,000 for the Covenant House Michigan phia, Pennsylvania for economic revitaliza- tion of commercial and industrial facilities; develop an integrated services center in for the construction costs of a permanent Amarillo, Texas; Rights of Passage facility; $200,000 for Light of Life Ministries in Alle- gheny County, Pennsylvania for infrastruc- $250,000 for Sam Houston State University $1,000,000 for West Valley City, Utah for the for the redevelopment of the Sam Houston construction of the West Valley City Multi- ture improvements at the Serenity Village homeless program; Memorial Museum; Cultural Community Center. $7,000,000 for the University of Louisville $250,000 for Universal Community Homes $500,000 for the Heart Mountain Wyoming for the expansion of the university’s main li- for economic development activities in Foundation for an interactive learning cen- brary; Philadelphia, Pennsylvania; ter in Powell, Wyoming; $1,000,000 for Oklahoma City, Oklahoma for $250,000 for the City of Philadelphia to ad- $500,000 for the Vermont Rural Fire Protec- the Oklahoma City Murrah Revitalization dress the safety concerns related to aban- tion Task Force of Randolph, Vermont for project; the purchase of equipment; doned and structurally impaired homes $1,000,000 for the National Council on Agri- $500,000 for the Southern Vermont Recre- $600,000 for the City of East Providence, cultural Life and Labor in Dover, Delaware ation Center Foundation in Springfield, Rhode Island to develop recreational facili- for a variety of housing assistance programs; Vermont; ties at Crescent Park; $1,000,000 for the University of Alabama, $500,000 for the Vermont Housing and con- $300,000 for the City of State Line, Mis- Tuscaloosa, Alabama for the Gorgas House servation Board for the development of af- sissippi for downtown infrastructure and eco- Renovation Project; fordable housing in Northern Vermont; nomic revitalization; $100,000 for the Hammoundville Armory in $500,000 for Marlboro College for a tech- $1,000,000 for the City of Madison, Mis- the Town of Valley Head, Alabama for the nology incubator facility in downtown sissippi for the renovation of the historic renovation of a historic facility to enhance Brattleboro, Vermont; downtown of Madison, Mississippi; economic development and tourist activity; $500,000 for the Vermont Housing and Con- $500,000 for Mississippi State University for $500,000 for Monroeville, Alabama for the servation Board for the development of af- the renovation and expansion of facilities for Monroe County Courthouse Restoration fordable housing in Williston, Vermont; the Stoneville, Mississippi Research and Project; $500,000 for the Town of Hartford, Vermont Education Complex; $1,000,000 for the Mobile Public Library, for the development of the Railroad Row His- $500,000 for the City of Canton, Mississippi Mobile, Alabama for the renovation of facili- toric District in downtown White River for the establishment of a State film com- ties as part of a neighborhood redevelopment Junction, Vermont; plex; project; $500,000 for Vermont Technical College for $2,000,000 for the rehabilitation and res- $500,000 for the City of LaFayette, (Cham- economic development in Randolph, toration of Cain Hall on the campus of Hinds bers County) Alabama for the Chambers Vermont; Community College in Raymond, Mis- County Courthouse Restoration Project; $250,000 for the Town of Fairfield, Vermont sissippi; $100,000 for Union Springs, Alabama for the for the development of the President Chester $400,000 for Nashua, New Hampshire for the rehabilitation of facilities for downtown res- A. Arthur visitor facility; redevelopment of the Mines Fall Park; toration/revitalization; October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10103 $250,000 for the Mobile Historic Develop- $300,000 for the Columbia Housing Author- $250,000 for the City of South Bend, Indiana ment Commission for the Oakleigh District ity in Missouri for installation of fire sup- for economic development activities related Revitalization Project; pression sprinkler systems in Oak and to the Studebaker Auto/Oliver Plow Works $250,000 for the National Community Col- Paquin Towers; project; lege for the Deaf and Blind in Talladega, Ala- $200,000 for the Bonne Terre, Missouri for $1,000,000 for the City of Belen, New Mexico bama for the renovation of facilities for de- infrastructure improvement of an industrial for construction of a community center; velopment of economic education program; development; $350,000 for Rio Arriba County, New Mexico $500,000 for Tuscaloosa, Alabama for the $100,000 for the Lamar Community Better- for an environmental impact statement; Tuscaloosa Alberta City Project; ment Association for an open air pavillion in $150,000 for Pueblo Cochiti, New Mexico for $500,000 for the City of Brundidge, Alabama Lamar, Missouri; the construction of a community center; for the completion of Pike County Covered $100,000 for the Roxy Theater Youth Center $500,000 for Pueblo of Acoma, New Mexico Arena; in Hopkins, Missouri for renovation; for the construction of a multi-purpose facil- $500,000 for the City of Mobile, Alabama for $250,000 for the Bootheel Youth Museum in ity; the Battlehouse Restoration Project; Malden, Missouri for expansion; $500,000 for the City of San Francisco, Cali- $700,000 for Kansas State Historical Soci- $500,000 for renovation of the Ridgway Cen- fornia for preservation and restoration of the ety, Topeka, Kansas for the restoration of ter at the Missouri Botanical Gardens; Old Mint; the home of William Allen White; $2,000,000 for Arkansas State University at $500,000 for Booker T. Washington Out- $1,000,000 for the development of the Life Mountain Home, Arkansas for the construc- reach, Inc. in Monroe, Louisiana for con- Center at Franklin Pierce College in Ridge, tion of a multipurpose auditorium; struction of an Elderly Living Center; New Hampshire; $1,000,000 for Marion County, Indiana for $250,000 for UNITY for the Homeless in New $100,000 for the Housing Partnership in the construction of the Sexually Trans- Orleans, Louisiana for the Oasis project; Portsmouth, New Hampshire to provide mitted Disease and HIV Prevention and Re- $2,400,000 for Wheeling Jesuit University in below market rents and to rehabilitate dete- search Center; Wheeling, West Virginia for construction of riorated buildings; $850,000 for the South Carolina Association science/computer centers; $400,000 for the Northern Forest Heritage of Community Development Corporations in $1,800,000 for the City of Hinton, West Vir- Park in Berlin, New Hampshire to develop Charleston, South Carolina for job creation, ginia for construction of a high technology facilities; small business development and quality of office building and small business incubator; $2,600,000 for the City of Meridian, Mis- life improvements within the State of South $250,000 for the Tubman African American sissippi for the rehabilitation of the opera Carolina; Museum in Macon, Georgia for construction house; $850,000 for the University of South Caro- of the Tubman African American Museum; $250,000 for the Lemmon Area Charitable $300,000 for the City of Laurel, Mississippi lina in Columbia, South Carolina to enlarge and Economic Development Corporation in for the development of a veterans museum; the main building at the University of South $100,000 for the City of Jackson, Mississippi Carolina School of Public Health; Lemmon, South Dakota for economic devel- for the revitalization of LeFleur’s Bluff; $500,000 for Helping Hands Hawaii in Hono- opment activities; $500,000 for Rowan Oak for the restoration lulu, Hawaii for community based activities $100,000 for the Mathilda Geppert Childcare of the home of William Faulkner in Oxford, including the delivery of goods and services Center in Vermillion, South Dakota for de- Mississippi; to Hawaii’s needy; velopment of a child day care center; $75,000 for the Spearfish Economic Develop- $500,000 for the George Ohr Museum in Bi- $750,000 for Waipahu Community Associa- ment Corporation in Spearfish, South Da- loxi, Mississippi for the development of an tion in Waipahu, Hawaii for renovations and kota for infrastructure development in the African-American art center; the establishment of a Waipahu festival mar- city’s industrial park; $500,000 for Ocean Springs, Mississippi for ket fair; $300,000 for the City of Brandon, South Da- the restoration of the old high school admin- $500,000 for the Kauai Economic Develop- kota to construct a community library; istration building; ment Board in Lihue, Hawaii for site acquisi- $1,500,000 for the City of Aberdeen, South $500,000 for Mississippi State University tion, design, construction and equipment for Dakota for construction of a community School of Architecture in Starkville, Mis- the West Kauai Technology Center; center; sissippi for rural revitalization; $250,000 for the Maui Academy of Per- $500,000 for the Sioux Falls Empire Fair As- $2,500,000 for the University of Alaska for a forming Arts in Puunene, Hawaii for the ac- sociation in Sioux Falls, South Dakota for pilot training simulator; quisition and renovation of the facility; infrastructure improvements to the W.H. $450,000 for Bird TLC in Alaska for the con- $250,000 for the Homestake Opera House in Lyons Fairgrounds; struction of Potter’s Marsh Conservation Lead, South Dakota for renovation of the in- $250,000 for the City of Redfield, South Da- Center; terior of the Homestake Opera House; kota for infrastructure improvement at its $2,000,000 for Catholic Community Services $250,000 for the City of Fort Pierre, South industrial park; in Alaska for the reconstruction of a home- Dakota for development of the Lewis and $250,000 for the West River Foundation in less shelter and to acquire new housing stock Clark Waterfront Trail; Sturgis, South Dakota for a statewide busi- for battered women; $250,000 for Cedar Youth Services in Lin- ness development initiative; $270,000 for the Fairbanks Hospitality coln, Nebraska to complete construction of $100,000 for South Dakota Housing Develop- House in Fairbanks, Alaska for the purchase the Northbridge Center for Children and ment Authority in Pierre, South Dakota for and renovation of an emergency shelter; Youth; the development of an employer assisted $500,000 for Kids are People, Inc. for a tran- $250,000 for Family Housing Advisory Serv- housing program; sitional living program for homeless youth ices Project Jericho in Omaha, Nebraska for $500,000 for Fairfield University in Fair- and an emergency shelter in Wasilla, Alaska; affordable housing activities; field, Connecticut for continued construction $3,000,000 for the Alaska Pacific University $500,000 for the Lowell Cultural and Per- of an Information Technology Center; for the restoration of a historic property in forming Arts Downtown Initiative in Lowell, $250,000 for Prince George’s County, Mary- Anchorage, Alaska; Massachusetts for development of the site land for the Prince George’s County Tech- $250,000 for Marceline, Missouri for down- for the Lowell Performing Arts Center; nology Commercialization Center; town redevelopment activities; $500,000 for the City of Boston, Massachu- $100,000 for the American Visionary Arts $500,000 for Ozark Action, Inc. of Missouri setts for its Main Streets Program; Museum in Baltimore, Maryland for expan- for low-income rural housing; $500,000 for the City of New Bedford, Massa- sion of the museum; $400,000 for Sedalia, Missouri for the Katy chusetts for construction and renovation of $1,500,000 for the Discovery Center in Depot Restoration Project; the Portugese American Cultural Center; Williston, North Dakota for construction of $200,000 for the Bond Family Housing Cen- $325,000 for the City of Racine, Wisconsin a visitor center and reconstruction of former ter in St. Louis, Missouri for the Transi- for construction of the Racine Root River barracks at Fort Buford State Historic Site; tional Housing Program; Pathway; $500,000 for the Rural Economic Area Part- $200,000 for Trenton, Missouri for commu- $300,000 for the Historic Third Ward Asso- nership Zones in North Dakota; nity redevelopment, including renovation ciation in Milwaukee, Wisconsin to establish $250,000 for North Dakota State University and restoration activities of modifying the a public market; in Fargo, North Dakota for development of a Plaza hotel into a senior citizen apartment $250,000 for Jentry-McDonald Corporation campus-based technology park; building; in Baltimore, Maryland for capital improve- $500,000 for the City of Taylorville, Illinois $500,000 for Sullivan County, Missouri for ments to the Jentry-McDonald House; for an emergency services center; water supply and interconnection projects; $250,000 for the City of Takoma Park, $1,000,000 for Loyola University in Chicago, $2,000,000 for James S. McDonnell Plane- Maryland for the construction of the Ta- Illinois for development of a life sciences tarium in St. Louis, Missouri for renovation; koma Park Computer Center; center; $100,000 for Clarksville, Missouri for im- $250,000 for Montgomery County, Maryland $200,000 for the Merit Music Program in proved year-round facilities related to the for costs associated with the Wheaton Small Chicago, Illinois to expand Project BEGIN; Mississippi River and the American Bald Business Technology Center; $400,000 for the City of Freeport, Illinois for Eagle; $500,000 for the Central Montana Founda- Brownfields cleanup; $250,000 for the Center for Emerging Tech- tion to upgrade, install technology, and fa- $100,000 for the City of Benton, Illinois for nologies in St. Louis, Missouri for incubator cilitate occupancy of One Stop Center in streetscape and beautification of downtown space development; Lewistown, Montana; Benton; H10104 CONGRESSIONAL RECORD — HOUSE October 18, 2000 $250,000 for the City of Charlotte, North economic development activities in Benton, $400,000 for the Montana World Trade Cen- Carolina for economic development activi- Franklin and Grant counties related to the ter for the Informational Outreach Project; ties within Charlotte’s Wilkinson Boulevard Hanford Reach National Monument; $325,000 to Boaz, Alabama for the Senior Corridor; $250,000 for the Trinity Repertory Pell- Citizens Center; $250,000 for Asheville-Buncome Technical Chafee Theatre, Providence, Rhode Island for $20,000 to the Blount County Multi-need College in Asheville, North Carolina for con- theater expansion and operations; Center in Alabama for equipment for the struction of a small business incubator; $250,000 for the City of Providence, Rhode mentally retarded and severely handicapped; $250,000 for the Museum of Latin American Island for construction of the Lillian Fein- $800,000 to San Diego, California for final Art in Long Beach, California to expand and stein Senior Center; construction of San Diego’s Children’s Con- upgrade existing facilities; $1,250,000 for the City of Henderson, Nevada valescent Hospital; $250,000 for FAME Renaissance in Los An- for downtown redevelopment and infrastruc- $930,000 to Barry University in Miami geles, California to continue work on a small ture upgrade; Shores, Florida for an intercultural commu- business incubator; $350,000 for Opportunity Village Founda- nity center; $750,000 for the City of Fresno, California tion, Las Vegas, Nevada for start-up funding $1,110,000 to Long Island University in New for the Fresno Community Health Centers for downpayment assistance program to dis- York for restoration of the Tilles Center for regional medical center; abled; the Performing Arts; $250,000 for the City of Inglewood, Cali- $500,000 for the Boys and Girls Club of Las $575,000 for Tennessee Valley Family Serv- fornia for the Market Street Senior Center; Vegas, Nevada for the renovation and expan- ices in Guntersville, Alabama for construc- $250,000 for the City of San Francisco, Cali- sion of existing facilities; tion and repair costs for the A+ house for $750,000 for Henry and Martinsville Coun- fornia for a homeless housing initiative; homeless children; ties, Virginia for economic development ac- $250,000 for the City of Santa Ana, Cali- $1,145,000 to the Lubbock Science Spectrum tivities; fornia for the IDEA high-tech education cen- Museum in Texas for construction costs of ter; $300,000 for CityArts for Youth, Inc. in Providence, Rhode Island for renovations for the Brazos River Exhibit; $1,800,000 for Comprehensive Housing As- $930,000 to Provo City, Utah for the Ironton a business incubator; sistance, Inc., in Baltimore, Maryland for Redevelopment Site; renovations to the Concord Apartments; $250,000 for Bayview Citizens for Social Justice and the Northampton-Accomack $1,110,000 to Rowan University in $500,000 for the City of Davenport, Iowa for Glassboro, New Jersey for construction of a development of Friendly House; Planning District Commission to support economic development projects on the East- science building; $500,000 for the City of Council Bluffs, Iowa $150,000 for the Owensboro Riverfront for land purchase and construction of an el- ern Shore of Virginia; $250,000 for Monroe Community College, Project in Kentucky for development of its derly community center; waterfront; $10,000 for LaCrosse County, Wisconsin for Rochester, New York to establish a Virtual Campus Center; $1,000,000 to the Louisville Zoo, Kentucky economic development information centers; for construction of the Gorilla Forest Exhi- $450,000 for the Biomedical Research Foun- $250,000 for the West Virginia School of Os- bition; dation of Northwest Louisiana, Shreveport, teopathic Medicine in Lewisburg, West Vir- $193,500 to the town of Yucca Valley, Cali- Louisiana for infrastructure improvements ginia for expansion of the ambulatory care fornia for community regional park improve- for InterTech Park and construction of a facility; ments to provide recreational opportunities Cleanroom Biotechnology Incubator; $400,000 for Prince George’s County, Mary- to the local community; $1,000,000 for University Heights Science land for architecture, design and engineering $51,600 to Susquehanna County, Pennsyl- Park, Newark, New Jersey for University work for redevelopment of McGuire House; vania for construction of an industrial park Heights Science Park’s Newark Digital Cen- $500,000 for Howard County, Maryland for and facility; tury Center; renovations to Route 1; $250,000 for the City of Atlanta, Georgia for $215,000 to complete the Logan, Utah Emer- $500,000 for Bayshore Economic Develop- continued construction of the Martin Luther gency Services Training Facility project; ment Corporation for development of the King, Jr. Community Center; $344,000 to the City of Ackerman and Choc- Henry Hudson Trail; $500,000 for Philander-Smith College, Ar- $400,000 for Shepherd College in taw County, Mississippi for development of a kansas for facilities and equipment upgrades Shepherdstown, West Virginia for renovation community center; for scientific and emerging technology re- $800,000 to Aurora, Illinois to revitalize of Scarborough Library; search; $400,000 for Bethany College in Bethany, downtown through adaptive reuse of $250,000 for University of Arkansas in Pine West Virginia for continued work on a architecturally significant structures; Bluff, for facilities and equipment upgrades health and wellness center; $860,000 to Waukegan, Illinois for renova- for scientific and emerging technology re- $250,000 for the Town of Millville, New Jer- tion of the historic Genesee Theater; search; sey for development of the Glasstown Center $430,000 to Riverside, California for the $100,000 for the Boys and Girls Club of Goeske Center for Senior and Disabled Citi- project; Olney, Maryland for facility construction; $400,000 for the City of Burlington, zens; $100,000 for the Wesley Acres Independent $200,000 to St. Stephen’s Community Cen- Vermont for Firehouse Center for the Visual Living Retirement Center in Mitchell, South Arts; ter in Kentucky for expansion of the life cen- Dakota for capital and other improvements; ter; $400,000 for the City of Montpelier, $500,000 for Liberty County, Georgia Eco- Vermont for Pyralisk Arts Center; $258,000 to West Palm Beach, Florida to re- nomic Development Authority for planning furbish and expand the Northwood Commu- $200,000 for the Vermont Youth Orchestra and engineering the industrial park project Association, Colchester, Vermont for reha- nity and Recreation Center; in coastal Georgia; $825,000 to Chambersburg, Pennsylvania for bilitation of the Fort Ethan Allen Riding $500,000 for County of Maui, Hawaii for land Hall; the Capitol Theatre project; acquisition, planning and design, and con- $60,000 to the Coos Economic Development $250,000 for the Kellogg-Hubbard Library, struction of a senior housing/housing divi- Montpelier, Vermont for restoration of his- Corporation in New Hampshire for the Con- sion office building in Central Maui, Hawaii; necticut River Byway Gateway Center in- toric library and addition to the children’s $500,000 for Vermont Historical Society for cluding purchase and renovation of a former library; the Vermont Historical Society renovation cog mill; $750,000 for the Vermont Housing and Con- project; servation Board, Brattleboro, Vermont for $250,000 for Eva’s Village in Patterson, New $365,500 to the Boys and Girls Club of Cam- rehabilitation of the Westgate apartments; Jersey for renovation of new transitional den, Arkansas; $77,400 to Wayne County, Pennsylvania to $500,000 for the City of Detroit, Michigan housing sites; for the Detroit River Promenade Project; $500,000 for the Iowa Finance Authority establish a revolving loan fund for a Small $500,000 for the Bushnell Theatre, Hartford, and Muscatine Center for Strategic Action Business Incubation Program; Connecticut for final completion of renova- to reduce illegal and predatory mortgage $350,000 to the Patrick Henry Development tion; lending practices; Council (PHDC) of Virginia for economic de- $225,000 for the Boys and Girls Club of Drew $500,000 for City of Reno, Nevada for land velopment; County, Arkansas for construction of general acquisition for downtown revitalization; $215,000 to Escondido, California for the purpose facility; $500,000 for the City of Sheboygan, Wis- Quail Hills Development Program; $250,000 for the Frank Lloyd Wright Darwin consin to redevelop a contaminated former $860,000 to Dillard University in Louisiana Martin House, Buffalo, New York for restora- industrial site to mixed use development; to continue construction of the Inter- tion work; $500,000 for El Centro de la Raza in Seattle, national Center for Economic Freedom; $250,000 for the Westside Rowing Club of Washington for acquisition of the Beacon $215,000 to the City of Charlotte, North Buffalo, New York for construction of the Hill School; Carolina for economic development activi- Frank Lloyd Wright Boathouse; $250,000 for North Dakota State University ties within Charlotte’s Wilkinson Boulevard $1,750,000 for the Washington State Depart- for the development of the Virtual Archival Corridor; ment of Community Development to address Storage Terminal; $215,000 to Proctor Hospital in Peoria, Illi- farmworker housing issues in the State; $250,000 for the Smyrna-Clayton Heritage nois for the Women’s Health Center; $250,000 for the Three Rivers Community Association in Smyrna, Delaware, for res- $172,000 to Baton Rouge, Louisiana for Foundation in Tri-Cities, Washington for toration work on the Smyrna Opera House; Downtown Development/Plan Baton Rouge; October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10105 $430,000 to the Center for Hazards Assess- $430,000 to Tuscaloosa, Alabama for the Al- $208,000 to Ashland, Alabama to complete ment, Response and Technology in New Orle- berta City housing initiative; renovations of the Clay County Courthouse; ans, Louisiana for emergency assessment $444,000 to Knoxville, Tennessee for equip- $215,000 to the University of Cincinnati and response; ment needs of the Halls-Powell Boys and Medical Center in Ohio for renovation of the $43,000 to the Borough of Tunkhannock, Girls Club of Greater Knoxville; Medical Sciences Building; Wyoming County, Pennsylvania for upgrade $200,000 to the Virginia Department of $215,000 to Pike County, Pennsylvania for of the Dietrich Theater Cultural Center; Transportation for engineering design and construction of an industrial facility to em- $200,000 to the Marcelino Plan y Vino, Inc. construction of a debris diverter on the ploy disabled individuals; A 501(c)(3) in Virginia for the MAPAVI pro- Tripps Run in Falls Church, Virginia; $430,000 to the Bethesda Academy of Per- gram to provide assistance to communities $64,500 to the Twentynine Palms Fire De- forming Arts in Maryland for creation of and individuals coping with the financial partment in Twentynine Palms, California children’s art center; $344,000 to the San Diego Youth and Com- burden of catastrophic illness; for fire suppression equipment; munity Services in California for the Store- $1,000,000 to Sandy City, Utah for the pur- $250,000 to the Natural History Museum of front emergency shelter relocation of facili- the Adirondacks in Tupper Lake, New York chase of land related to the Little Cotton- ties ($172,000) and for the Take Wing transi- for the construction of the Natural History wood Watershed Protection project; tional housing program for at-risk youth and Museum of the Adirondacks; $34,400 to the YWCA of Walla Walla, Wash- families ($172,000); ington for the repair and enhancements to $430,000 to Redding, California for Still- $430,000 to restore and rehabilitate Mile the family emergency shelter; water Industrial Park within the Shasta Square Park in California; $430,000 to Columbus, Ohio for a Housing Metro Enterprise Zone ‘‘Distressed Commu- $250,000 to Lysander, Van Buren, and Trust Fund; nity’’; Eldridge, New York for a water line exten- $250,000 to Motor City Blight Busters in De- $430,000 to the Boys and Girls Club of Tuc- sion for Jack’s Reef; troit, Michigan to establish a revolving loan son, Arizona for new construction; $430,000 to Cheyenne, Wyoming for eco- fund for new construction, acquisition, and $430,000 to the Coach George E. Ford Cul- nomic development and infrastructure im- rehabilitation of distressed homes; tural Arts Center in Georgia for building provements to the airport; $430,000 to Daytona Beach, Florida for de- renovation; $129,000 to Miami-Dade County, Florida for sign and construction of Community Center; $430,000 to the St. Francis Community Cen- the City of Miami Beach North Beach Rec- $43,000 to the County of San Bernardino, ter in New Jersey for construction of indoor reational Corridor; California for roadway signage improve- community pool; $215,000 to Stamford, Connecticut to ac- ments to historic Route 66 between Topock $430,000 for the New York Institute of Tech- quire property for the Mill River Corridor and Victorville; nology Robbins Hall for renovation of the Revitalization Project; $430,000 to Montgomery County, Kentucky auditorium; $150,000 to the City of Johnstown, New for a community center; $215,000 to the City of Syracuse, New York York for rehabilitation and redevelopment $430,000 to Hackensack University Medical for infrastructure improvements to the Erie work at the former Karg Brothers Tannery; Center in New Jersey for women’s and chil- Canal Museum; $1,220,000 to St. Petersburg, Florida for the dren’s hospital; $430,000 to Kern County, California for in- Sunken Gardens improvement project; $1,720,000 to the Olympic Regional Develop- frastructure work in support of the new air $860,000 to Citrus Heights, California for ment Authority to upgrade the Lake Placid, terminal to Meadows Field; Phase II of the Sunrise MarketPlace Revital- New York winter sports facilities; $215,000 to the City of Medford, Oregon for ization project; $215,000 to El Monte, California for renova- $258,000 to the Hamlet Historic Train Depot the City of Medford Urban Revitalization tion of recreational facility by replacing in North Carolina for depot restoration; Project; swimming pools, modernizing parking areas, $43,000 to Highland Falls, New York to ren- $415,000 to Temecula, California for the Al- developing youth center; ternatives to Domestic Violence Shelter; ovate downtown; $430,000 to Fairview Health Services in $21,500 to the City of Redlands, California $473,000 to Monroe County, Pennsylvania Minnesota for the Fairview-University Med- for restoration projects at the historic Kim- for construction of an industrial park; ical Center for Healthy Mothers and Babies $860,000 for the restoration of Glamorgan berly Crest House and Gardens; Technology Demonstration Initiative; Castle in Alliance, Ohio; $344,000 to the State University of New $86,000 to the City of New Iberia, Louisiana $301,000 to the City of Redlands, California York at Albany for continued development for economic development and revitalization for infrastructure activities related to the of a manufacturing/workforce training cen- of the downtown area; Redlands Community Center; ter; $215,000 to the Titusville YMCA in Pennsyl- $172,000 to Ouachita County, Arkansas for $645,000 to the Cities of El Segundo, Man- vania for the purchase of a new structure and Tate’s Bluff Bridge; hattan Beach and Hawthorne, California to preliminary renovation; $430,000 to Doane College—Crete, Nebraska ease traffic congestion along the Rosecrans $86,000 to St. Charles Parish, Louisiana for for rehabilitation of historic Whitcomb Con- corridor; the development of a bike path and enhance- servatory for performing arts center; $645,000 to Jazz at Lincoln Center in New ment of recreation opportunities; $215,000 to Memorial Health System in York City for facility construction; $430,000 to the Terre Haute/Vigo County Springfield, Illinois for initial facility plan- $430,000 to Rochelle, Illinois for economic Department of Redevelopment in Indiana ning for a Cardiology Center; development and infrastructure improve- pursuant to a memorandum of understanding $301,000 to Ft. Wayne, Indiana for revital- ments; between the General Services Administra- ization of the of Bowser Avenue and Hanna- $172,000 to the ArtSpace Victory Center in tion and the United States Postal Service; Creighton brownfield area; Texas for the revitalization of the Our Lady $130,000 to El Rio, California for extension $430,000 to the Town of Skaneateles, New of Victory Convent; of water and wastewater infrastructure to York for construction of a recreation center; $98,900 to the Whitman County Rural Fire the community center gymnasium; $645,000 to Carnegie Hall in New York for District No. 11 in Colfax, Washington for $430,000 to Huntingdon College in Mont- continuation of Carnegie Hall’s Third Stage construction and repair of the Colfax Fire gomery, Alabama for renovation and expan- project; Station; sion of the Natural Sciences facility, $430,000 to the MCB Foundation of Wichita, $215,000 to NewTown, Inc., Macon, Georgia Bellingrath Hall; Kansas for revitalization of the downtown for revitalization of downtown area; $200,000 to TeenPride Inc. in Morristown, community recreation center; $86,000 to the Economic Opportunity Au- New Jersey to expand outreach to low-in- $430,000 to the VA Greater Los Angeles thority of Chatham County, Georgia for the come, at-risk teenagers and their families; Health Care System in California for renova- Austin House shelter for homeless; $258,000 to Mercer County, New Jersey for tion of the gymnasium on the Sepulveda $645,000 to the City of Leesburg, Virginia the Senior Citizen Centers of Hamilton campus; for preservation and infrastructure improve- Township and the City of Trenton; $86,000 to the Upper Bucks County commu- $438,600 to the Children’s Hospital and ments for the George C. Marshall Inter- nity of Quakertown, Pennsylvania for revi- Health Center in San Diego, California for national Center at the Dodona Manor; talization of former brownfield site; construction and infrastructure improve- $1,118,000 to the United Cerebral Palsy of $300,000 to Santa Paula, California pur- ments; Suffolk County, New York for the Sports and chase of new fire engine and equipment for $301,000 to the Port of South, Louisiana for Recreation Center and Education complex; the Fire Department; expansion of the Globalplex intermodal ter- $1,000,000 to the Future of the Piedmont $100,000 to the City of Rochester, New minal facility; Foundation in Danville, Virginia for develop- Hampshire for emergency housing; $430,000 to the City of Tucson, Arizona for ment of a regional higher education center; $86,000 to Original Town of Liberal Revital- clean-up and development of brownfield; $236,500 to Arkadelphia, Arkansas for the ization, Inc. in Kansas for economic develop- $344,000 to Carmel, New York to create a Streetscape project; ment activities; downtown park and commercial area; $21,500 to the Donald L. Heiter Community $430,000 to Coachella, California for con- $1,240,000 to Spring Hill College in Alabama Center in Pennsylvania for renovation struction of Boys and Girls Club facility; for the Regional Library Resource Center; project; $400,000 to St. Joseph’s Hospital Health $25,600 to the City of Thibodaux, Louisiana $129,000 to Bruce, Mississippi for a multi- Care Center for the Central New York Car- for infrastructure improvements to the Civic purpose facility for economic development diac Care and Hemodialysis Enhancement Center; purposes; Center in Syracuse, New York; H10106 CONGRESSIONAL RECORD — HOUSE October 18, 2000 $75,000 to Paul Smith’s College in Paul equipment for the inner-city community $344,000 to Broward County, Florida for the Smiths, New York for the construction of center; Museum of Discovery and Science; the Adirondack Information Resource Cen- $43,000 to Onondaga County, New York for $430,000 to Muncie, Indiana for downtown ter; restoration and preservation of Civil War economic development project; $860,000 to Rockland County, New York for flags; $258,000 to the Fund for the Preservation of extension of water and wastewater infra- $172,000 for the Huntington Station Enrich- the California State Mining and Mineral Mu- structure of the Western Ramapo Sewer Dis- ment Center in New York for renovation and seum; trict; conversion to a community center; $215,000 to Jackson, Michigan for the down- $450,000 to Xenia, Ohio for renovation of $215,000 to Fairfield University in Con- town redevelopment project; fire station No. 1; necticut for establishment of Information $215,000 for Roberts Wesleyan College in $860,000 to the James Whitcomb Riley Hos- Technology Center; Rochester, New York for infrastructure im- pital for Children in Indiana to expand serv- $215,000 to the City of Syracuse, New York provements along Westside Drive; ices at the autism clinic; for renovations to the Salt City Theatre for $86,000 to the Hamlet Opera House in North $215,000 to the County of San Bernardino, the Performing Arts; Carolina for development of a performing California for a public park complex to meet $400,000 to Marshall County, Alabama for arts center; the recreational needs of the Spring Valley drinking water infrastructure improvements $430,000 to the Hebrew Academy for Special Lake community in Victorville; on Merrill Mountain; Children in New York to construct a na- $430,000 to Laural, Mississippi for the Vet- $430,000 to the City of Syracuse, New York tional service center for low-income and de- erans Memorial Museum; for monument repair and infrastructure im- velopmentally disabled; $1,500,000 for development of the Inter- provements for Clinton Square; $200,000 to the Village of Malone, New York active Education Center at the Intrepid Sea $75,000 to Fulton-Montgomery Community for rehabilitation and reconstruction of the Air and Space Museum in New York; College in Johnstown, New York for con- Hotel Flanagan Project; $415,000 to Oceanside, California for the struction of a remote sensing/spatial infor- $98,900 for the Inland Northwest Blood Cen- Calle Montecito Neighborhood Center; mation technology center; ter in Washington for construction and im- $100,000 to complete the Chattahoochee In- $200,000 to the James Lee Community Cen- provements of the blood center; dian Heritage Center at Fort Mitchell Coun- ter in Virginia; $56,000 to Fairfax County, Virginia for the ty Park, Alabama; $258,000 to Fort Worth, Texas for renova- Herndon Senior Center; $17,200 to the City of Grand Isle, Louisiana tion of the historic Marine Theater; $77,400 to the City of Imperial Beach, Cali- for emergency service needs; $268,000 to the Boys and Girls Club of fornia for lands purchased by the city for the $395,000 to the City of Ellicottville, New McGehee, Arkansas; Tijuana Wildlife Refuge; York for use toward the repair and/or re- $430,000 to the Community House in $430,000 to Boyle County, Kentucky for placement of the City’s waste water treat- Hinsdale, Illinois for renovation, upgrades Phase III of Millennium Park; ment plant; and restoration to meet ADA compliance $129,000 to SocialServe.com in North Caro- $172,000 to Shea’s Performing Arts Center codes and local fire codes; lina for a demonstration grant to increase $430,000 to South Sioux City, Nebraska for in the City of Buffalo, New York for renova- access to low-income and special needs hous- downtown redevelopment for civic building tions to the main theater; ing; site; $430,000 to Bradford, Pennsylvania for the $215,000 to Miami Beach, Florida for the $430,000 to Sacramento County, California restoration of Bradford City Hall; Atlantic Greenway Corridor Initiative— for rehabilitation and preservation of his- $495,000 for the Green County ‘‘Spec Build- North Beach Recreational Corridor; toric structures and physical improvements ing’’ in Kentucky for preparation and con- $215,000 to the Economic Corporation of for the town of Locke; struction of an industrial site; Newport, New Hampshire for rehabilitation $430,000 to Chester, Pennsylvania for the $430,000 to Oklahoma State University to of Eagle Block; Institute for Economic Development for continue and expand rural economic develop- $86,000 to Vista Optimist Club, California planning funds for high-tech building; for the Youth Activities Facility to build ment; $860,000 to the City of Pikeville, Kentucky $430,000 to the University of Missouri-Co- lighted ballfields; for an integrated transit/parking facility; lumbia for the Agriculture Product Utiliza- $250,000 to Elmira College in New York for $750,000 to William Tyndale College in tion and Incubation Center; the historic renovation of Cowles Hall; Farmington Hills, Michigan for the construc- $430,000 to Rural Enterprises Inc. of Okla- $172,000 to the Millennium Port Commis- tion of a science and computing learning homa to continue and expand rural economic sion for planning and development of the center; development; Millennium Port in south Louisiana; $688,000 to Baton Rouge, Louisiana for ex- $114,000 to Fairfax County, Virginia for the $75,000 to Fayette County, Alabama for pansion of the South Louisiana Community Computer Clubhouse Project at the Bailey’s emergency services equipment; Health Alliance; Community Center; $172,000 to Morgantown, Kentucky to con- $215,000 for renovation and rehabilitation $430,000 to Yakima, Washington for rail- struct recreation center; of North Central Flint Hills Area Agency on road grade separations; $215,000 to Rockdale County, Georgia for Aging, Manhattan, Kansas; $215,000 to Bristol, Pennsylvania for con- Georgia’s Veteran’s Park for future veteran $800,000 to the Tawawa Community Devel- struction of a gateway and beautification; memorials and events; opment Corporation in Wilberforce, Ohio; $172,000 to Stepping-Stones for Youth in $172,000 to the County of Inyo, California $215,000 to Shake-A-Leg Miami, Inc. in Hutchinson, Kansas; for facility and infrastructure improvements Florida for recreation facilities serving peo- $35,000 to the St. Lawrence Aquarium and at the Bishop Airport to facilitate economic ple with disabilities and at-risk youth; Ecological Center in Massena, New York for development and recreational access; $73,100 to Bellevue, Washington for continued development and construction of $430,000 to the New Britain Museum of Eastside Domestic Violence; the St. Lawrence Aquarium; American Art in Connecticut for expansion $172,000 to Grand Junction, Colorado for $245,100 to Holly Springs, Mississippi for of facilities; planning assistance for the Grand Valley Au- North Memphis Street District Redevelop- $860,000 to Arizona State University for the dubon Nature Center; ment and Revitalization Program; establishment of the Center for Basic Re- $430,000 to Lees-McRae College in North $430,000 to the Museum of Aviation, Warner search and Applied Research within the Carolina for a field laboratory to support the Robins, Georgia for development plan and Barry M. Goldwater Center for Science and College’s Biology departments and commu- expansion; Engineering; nity outreach; $500,000 to Somerset County, New Jersey $500,000 to Cortland County, New York for $860,000 to Pasadena, California for con- for the Eldercare Center in Bridgewater infrastructure and expanded operational im- struction of a new fire station; Township; provements for Borg-Warner Automotive, $205,000 to the Children’s Center in Brook- $930,000 to the City of Cincinnati, Ohio for Inc.; lyn, New York for the construction of a facil- the expansion of Findlay Market; $215,000 to the Town of Aurora, New York ity to house educational and therapeutic $50,000 to the City of Ogdensburg, New for renovation of the Aurora Senior’s and programs for disabled preschool children; York for reconstruction of Fort La Presen- Adult Day Care facility; $270,000 to the County of San Bernardino, tation; $860,000 to Winston-Salem, North Carolina California for the construction of the Hall of $86,000 to Nike Base in the Town of Ham- for Downtown revitalization; Paleontology at the historic San Bernardino burg, New York for removal of storage tank; $258,000 to Albemarle, North Carolina for County Museum; $387,000 to Lake Worth Palm Beach Coun- the Gateway to Albemarle project; $250,000 to the Shiloh Community Renewal ty, Florida for the Mid-County Senior Cen- $400,000 to the City of Syracuse, New York Center in Kentucky for rehabilitation of fa- ter; for equipment and infrastructure improve- cilities; $25,000 to Safe Haven, Inc. in Oswego, New ments for the Institute of Human Perform- $90,000 to the Fairfax County Parks Au- York for construction of a museum/interpre- ance; thority in Virginia for the Mason District tive center chronicling the Fort Ontario $215,000 to Jacksonville, Florida for rede- Park; Emergency Refugee; velopment of Cecil Field; $170,000 to the Pittsfield Library in New $215,000 to Memorial Temple Community $43,000 to the City of Dumas, Arkansas for Hampshire for renovations necessary to meet Center in the city of Buffalo, New York for the Tannenbaum Theatre renovations; ADA compliance; October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10107 $1,935,000 to Syracuse University in New $430,000 to the Next Generation Economy $300,000 to Southern Illinois University in York for completion of the Crouse-Marshall Initiative in Albuquerque, New Mexico to Carbondale, Illinois for infrastructure needs Street Improvement Project; enter into ‘‘matching funds’’ technology related to the development of a University $50,000 to the Nelson County Senior Citizen maturation partnerships with local compa- Research Park; Center in Virginia for renovation and expan- nies using the expertise from the University $1,000,000 to Ford City Borough, Armstrong sion of the facility near Lovingston, Vir- of New Mexico and Sandia National Labora- County, Pennsylvania for development of the ginia; tories; Ford City Heritage and Technology Park; $1,200,000 to the City of Syracuse, New $125,000 to Escambia County in Florida for $310,000 to the West Virginia Humanities York for the building of a temporary trans- development costs for infrastructure of Cen- Council: $210,000 to support production of mission tower during the transition of the tral Commerce Park; ‘‘The Appalachians,’’ a film documentary, public TV station from analog to digital tel- $600,000 to the City of Portland, Oregon for and $100,000 for Council programs; evision; the Portland-Vancouver Regional Housing $500,000 to the Fairmont Community De- $430,000 for Madison County, New York for Affordability Pilot Program; velopment Partnership for downtown revital- economic development and infrastructure $750,000 to Northeast Ventures Corporation ization, and relocation of a homeless nutri- improvements; in Duluth, Minnesota to provide equity cap- tion service program; $430,000 to California State University and ital support for community development $400,000 to the City of Gainesville, Florida the City of Omaha, California for the Omaha venture capital and microenterprise in for the East Side Community Recreation Housing Initiative; Northeast Minnesota; Center, Cone Park; $430,000 to Shreveport, Louisiana for Con- $350,000 to the City of Indianapolis, Indiana $250,000 to Hampshire College in Amherst, vention Center Downtown Redevelopment for infrastructure needs in the King Park Massachusetts for construction of the Na- and construction of infrastructure sur- homeownership zone; tional Center for Science Education; rounding convention center; $700,000 to the City of Takoma, Washington $50,000 to the Great Lakes Consortium for $258,000 to the Kalamazoo Aviation History for the Downtown Revitalization and Shelter an International Training and Development Museum in Michigan for the ‘‘Legacy of Improvements Program; program in Toledo, Ohio; Flight’’ project; $15,000 to Renew Oakville in the town of $100,000 to the Village of Chicago Ridge, Il- $215,000 to the Boys Town National Re- Oakville, Missouri for a community enhance- linois for construction of a Municipal Com- search Hospital in Nebraska for establishing ment program; plex; the National Center for the Study and Treat- $200,000 to the City of Burlington, Vermont $450,000 to the Potomac Heritage Partner- ment of Usher Syndrome; for a homeownership program designed to as- ship for the Potomac River Heritage Trail $43,000 for the Central Bucks, Pennsylvania sist low and moderate income first time Project to improve access to parks; Joint Municipal Planning Issues study; homebuyers in purchasing duplex housing, $100,000 to the Washington County Eco- $820,000 for Griffiss Business and Tech- including down payment assistance; nomic Development Council in Washington nology Park in Oneida County, New York for $250,000 to the Township of Plainsboro, New County, Florida for economic development economic development and infrastructure Jersey for construction of a nature center at efforts; $50,000 to the Institute for Economic Devel- improvements; the Plainsboro Preserve; $860,000 to Midwest City, Oklahoma for $150,000 to Marin City, California for a opment for development of University Tech- construction of small conference center; Marin City Cultural and Community Center nology Park in Chester, Pennsylvania; $1,000,000 to Northeastern University in $645,000 to the University of Southern Cali- facility; Boston, Massachusetts for a pilot program fornia to help create the Alfred E. Mann In- $350,000 to the Jefferson County, Missouri on the health problems of urban commu- stitute and Biomedical Engineering Center; Parks & Recreation Department for improve- nities; $215,000 to Lebanon College in New Hamp- ments to existing county-owned parks; $150,000 to Elkhart County, Indiana for nat- shire for a community center; $1,000,000 to the City of Johnstown, Penn- ural gas and electric service to the Harrison $430,000 to Monrovia, California for the ren- sylvania for construction of an intermodal Ridge subdivision project; ovation and upgrade of existing city facility parking garage; $100,000 to the New Kensington Redevelop- into teen center; $1,000,000 to the Self-Help Ventures Fund in ment Authority in New Kensington, Penn- $645,000 for the Cornell Agriculture and Durham, North Carolina to establish a re- sylvania for asbestos removal and demoli- Technical Park-Geneva Station in Ontario volving loan fund; tion of the Ridge Avenue High School build- County, New York; $150,000 to the Memphis Zoo in Memphis, ing; $800,000 to the Washington Association in Tennessee for the Northwest Passage Cam- $450,000 to the City of Durham, North Caro- Harding Township, New Jersey; paign; lina for community development, employ- $258,000 for the Troy Rent-to-Own Housing $50,000 to the Historical Centre Foundation ment training, and youth development ef- Pilot project in North Carolina; in San Antonio, Texas for construction of a forts; $344,000 to the University Colleges of Tech- community center and startup of a program $300,000 to the City of Monticello, Florida nology at the State University of New York for community outreach near the San Fer- for conversion of a school building to a for the continued development of a Tele- nando Cathedral; multi-purpose community center; communications Center for Education; $175,000 to St. Ignace, Michigan for con- $270,000 to the Somerset County Commis- $309,000 to the New York Public Library for struction of a public library; sion in Somerset County, Pennsylvania for renovations and infrastructure improve- $200,000 to the Flint, Michigan Chamber of facilities improvements at Windber Rec- ments; Commerce for economic development efforts; reational Park; $500,000 to MBI International in Michigan $100,000 to the Wholistic Family Agape $450,000 to Family Connections in Weirton, for economic development activities that Ministries Industries in Arlington, Virginia West Virginia for facility needs related to provide infrastructure to accelerate the de- for an HIV/AIDS/Substance Abuse program; the provision of services to at-risk juvenile velopment of biobased industrial product $125,000 to the Word of God Parish and females; technologies; School, St. Anselm site, in Swissvale, Penn- $25,000 to the City of Jacksonville, Florida $98,900 to the Oaksdale/Farmington Fire sylvania for infrastructure rehabilitation for development of a distinctive business dis- District No. 10 in Whitman County, Wash- projects; trict; ington for the repair and construction of fa- $200,000 to the Sacramento, California $200,000 to the Abilene, Texas Regional Air- cilities; Housing and Redevelopment Agency for the port for hangar renovation related to the $215,000 to the Tubman African American Smart Workplace Demonstration Center; Southwest Regional Fly-In; Museum in Macon, Georgia for the construc- $100,000 to the City of Berwyn, Illinois for $400,000 to the City of Salinas, California tion of the Tubman African American Mu- the expansion and renovation of Public Safe- for the construction of a municipal pool; seum; ty and Fire facilities; $50,000 to the City of Thousand Oaks, Cali- $98,900 to the Coalition for Women on the $250,000 to the Baltimore, Maryland Sym- fornia for planning and construction of a Street in Spokane, Washington for the devel- phony Orchestra for construction of a con- child care center; opment of the Downtown Women’s Shelter; cert hall and youth music education center $100,000 to the New York City, New York $20,000 to Culman, Alabama for a study to in Rockville, Maryland; Department of Parks and Recreation for plan and design the Agriplex Agriculture $100,000 to Essex County, Massachusetts for clean-up of the College Point Sports Com- Museum; cyberdistrict economic development initia- plex in Queens; $172,000 to 1490 Enterprises Inc., City of tives; $100,000 to the Brooke-Hancock County Buffalo, New York for a Community Action $250,000 to the City of Pittsburgh, Pennsyl- Veterans Memorial, Inc. in West Virginia for Organization (CAO) Head Start Expansion; vania for the rehabilitation and revitaliza- a community park improvement project, $100,000 to the City of Bedford, Virginia for tion of the Garfield neighborhood; military history museum and memorial; economic development and tourism in con- $200,000 to the Governing Board of Tower $100,000 to Covenant House Washington in nection with the World War II D-Day Memo- Grove Park in St. Louis, Missouri for an on- Washington, D.C. for the construction of a rial; going renovation project; Community Service Center; $645,000 to Warren County, Virginia for as- $350,000 to the Town of Wilson, New York $900,000 to the City of Wausau, Wisconsin bestos remediation and lead paint removal for repair and expansion of the pier at Wilson for a supportive living facility to serve low at the Avtex Superfund site; Harbor; income elderly residents; H10108 CONGRESSIONAL RECORD — HOUSE October 18, 2000 $150,000 to the City of Tonawanda, New $250,000 to the City of Brownsville, Texas $25,000 to the Township of Branchburg, New York for public works infrastructure and for reconstruction of downtown streets as Jersey for the construction of a war veterans housing rehabilitation grants; part of city center redevelopment efforts; memorial; $200,000 to the St. Louis County, Missouri $200,000 to the Village of Matteson, Illinois $400,000 to Ohio University in Athens, Ohio Parks & Recreation Department for renova- for renovation and expansion of a commu- for the Innovation Center, a technology busi- tion of the structures at Bee Tree Park; nity center; ness incubator; $1,100,000 to Rush-Presbyterian St. Luke’s $500,000 to Southern West Virginia Commu- $250,000 to the Wawashkamo Restoration Medical Center in Chicago, Illinois for the nity and Technical College in Logan, West and Preservation Fund in Mackinac Island, Center for Research on Aging; Virginia for a cooperative economic develop- Michigan for initiatives related to the Mack- $80,000 to the Borough of Latrobe, Pennsyl- ment effort with the Appalachian Transpor- inac Island Battlefield; vania for the Latrobe Veterans Plaza; tation Institute at Marshall University, $100,000 to the City of Dallas, Texas for an $200,000 to SW Resources, Inc. in Parkers- Huntington, West Virginia; affordable housing program operated by the burg, West Virginia for facilities expansion $250,000 to Culver City, California for the T.R. Hoover Community Development Cor- for the creation of additional job opportuni- construction of the Culver City Senior Cen- poration; ties for people with disabilities; ter; $100,000 to the New London Development $50,000 to the Cambria Historical Society $200,000 to the Safer Foundation in Chi- Corporation in New London, Connecticut for in Cambria, California for the preservation cago, Illinois for a workforce development renovation related to affordable housing; $100,000 to Neighborhood Reinvestment of the Bianchini House; program to provide ex-offenders with edu- $400,000 to the City of Dayton, Ohio for cation and job training; Corporation of Kansas City, Kansas for de- velopment of low income housing; land acquisition for the Tool Town precision $125,000 to the Franklin County Commu- $50,000 to the New York City, New York metal working park; nity Development Corporation in Greenfield, Department of Parks and Recreation for $80,000 to the St. Louis County, Missouri Massachusetts for construction of a food phase three of the rebuilding and restoration Parks & Recreation Department for the ren- processing center; of Joyce Kilmer Park in South Bronx, New ovation of recreation facilities within Black $200,000 to the Township of Stickney, Illi- nois for renovations related to a multipur- York; Forest Park; $550,000 to the Springfield Library and Mu- pose municipal center; $150,000 to the North Carolina Housing Fi- seum Association in Springfield, Massachu- nance Agency for mortgage assistance in $150,000 to Tulane University in New Orle- ans, Louisiana for facilities renovation and setts for construction and infrastructure im- Chatham County; provements related to a national memorial $225,000 to the Alabama State University educational outreach at the AMISTAD Re- search Center; and park honoring Theodor Geisel; for facility needs related to the Environ- $225,000 to the City of Ferndale, Michigan $250,000 to Long Island University in mental Microbiology program; for refurbishment of Washington Elementary Brooklyn, New York to study the feasibility $100,000 to Lorain County Community Col- School for use as a community center; lege in Ohio for the establishment of the of establishing a wellness center as a col- $100,000 to the City of Mollalla, Oregon for Learning Technology Center; laborative effort with Brooklyn Hospital; the conversion of a gymnasium into a public $200,000 to the Sacramento, California Boys $100,000 to Salem International University library, community and technology training and Girls Club for the construction of a facil- in West Virginia for equipment, information center; technology and infrastructure needs; ity on Lemon Hill Avenue; $300,000 to the City of Albany, New York $50,000 to Portland State University in $200,000 to Calhoun Community College in for waterfront improvements; Portland, Oregon for development of the Decatur, Alabama for the Aerospace and Ad- $250,000 to the Berkeley County Commis- Northwest Center for Engineering, Science, vanced Technology Park; sion in Martinsburg, West Virginia for the $300,000 to the Township of North Bergen, and Technology; Historic Baltimore and Ohio Roundhouse $400,000 to the UDI Community Develop- New Jersey for the establishment of Tech- Renovation Project; ment Corporation in Durham, North Caro- nology Literacy Learning Centers; $100,000 to the Cape Cod, Massachusetts $250,000 to Casa Puerto Rico in New York lina for economic development efforts; Chamber of Commerce for the Cape Cod High City, New York: $150,000 for a feasibility $250,000 to the New York City, New York Technology Center technology incubator ini- study and seed money for the restoration of Department of Parks and Recreation for tiative; a theater located in the Villa Alejandrina costs relating to construction of a Recre- $100,000 to Consolidated Fruit Packers, Inc. Apartments in South Bronx, New York, and ation Center in Chelsea; in New Paltz, New York for a job retention $100,000 for a feasibility study and startup $250,000 to the Upper Kanawha Valley Eco- program; costs for the conversion of the Bronx Bor- nomic Development Corporation in Mont- $1,000,000 to the National Children’s Advo- ough Courthouse into a Puerto Rican Histor- gomery, West Virginia for the development cacy Center in Huntsville, Alabama for the ical, Cultural and Activities Center; of a technology community park; establishment of a research and training fa- $800,000 to the Wausau Performing Arts $25,000 to CHANGE, Inc. Community Ac- cility; Foundation, Inc. in Wausau, Wisconsin for tion Agency in Weirton, West Virginia for $350,000 to the Richland County Neighbor- the ArtsBlock project; equipment needs for after-school programs hood Technology Center in Richland County, $150,000 to the City of Baytown, Texas for South Carolina for facilities and equipment for under-served youth; construction of an Emergency Operations $175,000 to the National Council of La Raza needs; Center; $500,000 to the Center for Economic Devel- to provide technical and financial assistance $75,000 to Northern Kentucky University in to community development efforts through opment at the University of San Francisco Highland Heights, Kentucky for the Urban in San Francisco, California for economic de- its Hope Fund; Learning Center; $200,000 to the Southside Boys and Girls velopment efforts; $400,000 to Spelman College in Atlanta, $400,000 to the National Coalition for Club in St. Cloud, Minnesota for planning Georgia for the historic preservation of Homeless Veterans in Washington, DC for and construction of a community center; Packard Hall; the provision of technical assistance to local $100,000 to the Fresno Community Medical $400,000 to Milwaukee County, Wisconsin organizations; Center in Fresno, California for development for renovations to the Milwaukee County $150,000 to the Saugerties Historical Soci- of a regional trauma and burn center; War Memorial; ety in Saugerties, New York for historic $175,000 to the City of Houston, Texas for a $50,000 to the City of Norwalk, California preservation of the Kiersted House; homeownership program, involving down for renovations at the Norwalk Aquatic Cen- $200,000 to the Village of Glenwood, Illinois payment subsidy assistance for sewer/water ter; for renovations to the Glenwood Senior Cen- hook-up; $100,000 to the Tampa Port Authority in ter; $150,000 to the Multicultural Educational Tampa, Florida for infrastructure improve- $150,000 to the Point Community Develop- Counseling Through the Arts (MECA) pro- ments related to the Channelside economic ment Corporation in New York City, New gram in Houston, Texas for operational and development project; York for the purchase and/or renovation as a facilities needs; $200,000 to the L.I.F.T. Women’s Resource boathouse of an abandoned factory at the $75,000 to the Lafayette, Louisiana Cham- Center in Detroit, Michigan for expansion of corner of Lafayette Avenue and Edgewater ber of Commerce for the Zydetech Initiative; the Positive Change Project; Road in South Bronx, New York; $100,000 to the Village of Tuckahoe, New $50,000 to the 21st Century Council Adult $500,000 to the City of Falls Church, Vir- York for streetscape improvements; Career Center in Scottsboro, Alabama for ginia to refinance the Winter Hill Apart- $50,000 to the Cambridge, Massachusetts computer system improvements, acquisition ments, low-income housing complex; Redevelopment Authority for recreation de- of office equipment, and instructional mate- $100,000 to Roberts Wesleyan College in velopment efforts; rials; Rochester, New York for the establishment $1,250,000 to the City of Mt. Clemens, $50,000 to the Tri-Valley Business Council of a community service center; Michigan for the establishment of a commu- in Livermore, California for a business incu- $1,050,000 to Lucas County, Ohio for the ac- nity recreation center; bator initiative known as Tri-Valley Tech- quisition and improvement of Quarry Farms $250,000 to the Los Angeles Neighborhood nology Enterprise Center; Park; Initiative in Los Angeles, California for eco- $400,000 to the City of New Haven, Con- $250,000 to Santa Monica College in Santa nomic development efforts in the Fairfax Av- necticut for the restoration and rehabilita- Monica, California for the Madison Site The- enue Ethiopian Business District; tion of the West River Memorial Park; ater Center; October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10109 $200,000 to the Lewiston Auburn Economic morial to honor Latinos who have served in $325,000 to the Seneca Center in New York Growth Council in Lewiston, Maine for ad- the Armed Services; City, New York for the acquisition and par- ministering loans to stimulate economic $50,000 to the City of Garden Grove, Cali- tial renovation of a permanent facility in growth; fornia for planning and construction of the South Bronx, New York; $50,000 to the Borough of Peapack, New West Haven Park Community Center; $250,000 to the Huntington Park Oldtimers Jersey for facility improvements to the $250,000 to the City of Abilene, Texas for Foundation in Huntington Park, California Township Hall; renovation of the historic Wooten Hotel; for the rehabilitation of a senior center; $225,000 to the City of Los Angeles, Cali- $100,000 to the City of San Leandro, Cali- $50,000 to Ottawa County, Ohio for street fornia for construction of the Ernest E. Debs fornia for landslide mitigation efforts; improvements for the central business dis- Nature Center; $200,000 to the City of Saint Marys, West trict in Rocky Ridge, Ohio; $450,000 to the American Indian Business Virginia for downtown revitalization, and ve- $200,000 to the Peninsula Marine Institute Development Corporation for construction of hicle and equipment needs to support the in Newport News, Virginia for the acquisi- a multi-purpose facility to support business Senior Service Advisory Council’s senior nu- tion of a permanent facility to house its ju- development in south Minneapolis, Min- trition program; venile offenders program; nesota; $75,000 to the City of Hartford, Connecticut $100,000 to the Martin Luther King Free- $325,000 to the Berkshire South Regional for the Temple Street redevelopment dom Center in Oakland, California for plan- Community Center in Great Barrington, project; ning and development purposes; Massachusetts for planning and construc- $250,000 to the Brotherhood Crusade Busi- $1,500,000 to Miami-Dade County, Florida tion; ness Development and Capital Fund in Los to expand and improve the physical plant of $165,000 to the Millvale Borough Develop- Angeles, California for facility infrastruc- the anchor industry in Poinciana Industrial ment Corporation in Millvale, Pennsylvania ture needs and/or technical assistance and Park; for the implementation of the Millvale Gate- loans to small businesses; $300,000 to St. John Fisher College in Roch- way and Riverfront Plan; $200,000 to West Virginia University at Par- ester, New York to establish an Institute of $200,000 to Nanticoke, Pennsylvania for kersburg for equipment needs related to the Teaching and Learning; downtown revitalization and infrastructure Caperton Center; $200,000 to the Daniel Freeman Hospital in improvements; $500,000 to the International Glass Museum Inglewood, California for community health $1,000,000 to the George Meany Center for in Takoma, Washington for capital costs as- outreach to the uninsured and medically un- Labor Studies in Silver Spring, Maryland for sociated with a new facility; derserved; facility needs; $400,000 to the Montclair Art Museum in $1,000,000 to Columbia University in New $500,000 to the Boys and Girls Club of Montclair, New Jersey for facility expansion; York City, New York for its audubon re- Nogales, Arizona for expenses related to the $225,000 to the South Sumter Resource Cen- search project; construction of a facility; ter in Sumter County, South Carolina for fa- $400,000 to the University of California- $250,000 to the City of Buffalo, New York cilities renovation and equipment; Merced for the renovation of the civil engi- for refurbishing of the exterior of St. Louis $40,000 to the Schuylkill County Fire neering building on Castle Air Force Base; Church, including fac¸ade work; Fighters Association in Morea, Pennsylvania $150,000 to the City of Moundsville, West $80,000 to the Eureka Volunteer Fire De- for facilities improvements; Virginia for downtown revitalization associ- partment in Tarentum, Pennsylvania for as- $100,000 to West Liberty State College in ated with the Strand Theater; bestos removal and demolition of the West Liberty, West Virginia for planning and $250,000 to the Mystic Valley Development Tarentum Municipal Building; development related to the SMART Center; Commission for a regional technology devel- $150,000 to the Tioga County Rural Eco- $200,000 to Oakwood College in Huntsville, opment project known as TeleCom City; nomic Area Partnership in Owego, New York Alabama for the establishment of a Wellness $200,000 to Bethune Cookman College in for economic development efforts; Center; Daytona Beach, Florida for costs related to a $100,000 to the Village of Hempstead, New $200,000 to the Schlitz Audubon Nature community services and student union build- York for infrastructure improvements to Center in Milwaukee, Wisconsin for facilities ing; Kennedy Park; construction; $50,000 to the city of Dallas, Texas for the $465,000 to the Prospect Park Alliance in $200,000 to the Filipino Community Center Pleasant Wood/Pleasant Grove Community New York City, New York for interior exhib- in Seattle, Washington for costs related to Development Corporation for improvement its and furnishing for Prospect Park Audu- facilities relocation; efforts focused on West Dallas neighbor- bon Center at the Boathouse; $250,000 to Augsburg College in Min- hoods; $200,000 to the Ukrainian Museum Archives neapolis, Minnesota for rehabilitation of $1,200,000 to the West Virginia High Tech- in Cleveland, Ohio for facilities improve- Sverdrup Hall; nology Consortium Foundation, Inc. for con- ments; $50,000 to the government of the U.S. Vir- tinued development of the I–79 Technology $25,000 to the Orlando Community Redevel- gin Islands for fire fighting efforts in terri- Park; opment Agency in Orlando, Florida for rede- torial waters; $100,000 to the City of Dallas, Texas for the velopment of Otey Place; $1,000,000 to the Salvatore Mancini Center Southfair Community Development Corpora- $125,000 to the Academy Family Founda- on Aging in North Providence, Rhode Island tion for land acquisition and efforts to revi- tion in Fairmont, West Virginia for facility for facilities needs; talize the Grand Avenue corridor; and programmatic needs; $400,000 to Rostraver Township, Westmore- $1,000,000 to the St. Coletta School in Alex- $100,000 to the Little Tokyo Service Com- land County, Pennsylvania for economic de- andria, Virginia for facilities needs; munity Center in Los Angeles, California for velopment studies and activities; $50,000 to the St. Louis County, Missouri the development of a job training program; $200,000 to the St. Louis County, Missouri Economic Council for infrastructure and $200,000 to Broward County, Florida for the Parks & Recreation Department for renova- streetscape enhancements for the Affton/ Broward County African-American Commu- tions and improvements to Jefferson Bar- Gravois Business District; nity and Cultural Center; racks Park; $110,000 to the Reading Area Community $50,000 to the County of San Diego, Cali- $750,000 to John Carroll University in College in Berks County, Pennsylvania for fornia for planning related to the develop- Cleveland, Ohio to support the Center for planning and development of an Advanced ment of a business park in East Otay Mesa; Mathematics and Science Education; Technology Center; $150,000 to the Indiana County Community $50,000 to the Town of Pelham, New York $100,000 to Temple University Ambler in Action Program in Indiana County, Pennsyl- for renovations to Memorial Park; Montgomery County, Pennsylvania for a vania for equipment, facilities and activities $75,000 to the Town of St. George, South community planning and sustainable devel- needs; Carolina for the Klauber Building Project; opment initiative; $200,000 to the City of East Palo Alto, Cali- $150,000 to the University of North Carolina $150,000 to the Arlington Housing Corpora- fornia for the redevelopment of the at Wilmington School of Nursing to provide tion to purchase investor-owned units at the Ravenswood Industrial Area; multidisciplinary nurse-managed primary Arlington Oaks condominium complex for $300,000 to the City of Huntington, New health care services in rural northern Bruns- operation as affordable housing; York for a sewage treatment facility; wick County and rural eastern Columbus $100,000 to the Abington Township Public $100,000 to the Town of Beacon Falls, Con- County, North Carolina; Library in Abington, Pennsylvania for facili- necticut for the purchase of Pinesbridge In- $950,000 to the Mid-Atlantic Aerospace ties renovation; dustrial Park; Complex, Inc. for operating and marketing $200,000 to Pittson, Pennsylvania for down- $100,000 to the City of Worcester, Massa- expenses, site use assessment, land acquisi- town revitalization and infrastructure im- chusetts for the Gardner-Kilby-Hammond tion and construction of facilities; provements; Street neighborhood revitalization project; $600,000 to the National Civil Rights Hall of $1,000,000 to Concord College in Athens, $100,000 to the Bronx Museum of the Arts Fame in Gary, Indiana for facility construc- West Virginia for infrastructure develop- in New York City, New York for infrastruc- tion; ment for an information technology training ture improvements, construction, renova- $100,000 to Camp Kon-O-Kwee/Spencer program; tion, operation and facility upgrades; YMCA camp in Beaver County, Pennsylvania $200,000 to the St. Louis, Missouri City $50,000 to the Eugene A. Obregon CMH Me- for continued construction of a wastewater Parks Department for renovations of morial Foundation for the creation of a me- treatment facility; Wilmore Park; H10110 CONGRESSIONAL RECORD — HOUSE October 18, 2000 $250,000 to the Village of Mamaroneck, New nance of information technology systems as Recognizing the need to provide assured York for streetscape improvements; proposed by the House instead of no funding funding for renewing Shelter Plus Care $50,000 to the St. Louis County, Missouri as proposed by the Senate. grants, the conferees have shifted renewal Economic Council for infrastructure and The conferees are concerned that there ap- funding to a separate account. The conferees streetscape enhancements for the LeMay pears to be some ambiguity about whether are aware that there is a similar permanent Business District; Native American non-profit entities working housing component to the Supportive Hous- $1,000,000 to the Mandel School of Applied on Indian lands are eligible to receive HOME ing Program (SHP), which remains funded Social Sciences’ Center for Community De- funds. After reviewing the relevant statutes, through the Homeless Assistance Grants ac- velopment at Case Western Reserve Univer- the conferees see nothing that indicates Na- count under this conference agreement. sity for the establishment of the Lou Stokes tive American nonprofits are ineligible to While the conferees have not shifted renewal Fellows Program in Community Organiza- compete for HOME funds at the state level. funding for the SHP permanent housing pro- tion and Development; Furthermore, the conferees believe it is gram to the new account, they nevertheless $50,000 to the City of Tuscumbia, Alabama highly questionable for states to count low- believe there is good reason to provide for re- for stage and infrastructure improvements income Native American residents in their liable renewal of permanent housing for the at Spring Park; funding calculations, but upon receipt of formerly homeless people with disabilities, $150,000 to Fulton County, Ohio for up- their allocation, be unwilling to share HOME addictions, and similar problems who are grades of emergency notification/siren sys- funds with Native American non-profits. served by both of these programs. tems; Economic and housing conditions on Native Accordingly, the conferees direct HUD to $225,000 to the Town of Bolton, Mississippi American lands are among the most chal- implement a mechanism for renewing the for a business district restoration plan that lenging in the United States. The HOME pro- permanent housing component of SHP includes job training and a revolving loan gram was designed to assist in meeting these grants as part of its process for awarding fund; challenges for all Americans and not to dis- funds under this account—provided, of $300,000 to the Christiansburg Institute criminate based on where an individual course, that the activities funded by the Board in Christiansburg, Virginia for renova- chooses to live. grant are determined to meet local needs and tion of a historic building into a museum appropriate standards of performance and fi- HOMELESS ASSISTANCE GRANTS and community learning center; nancial accountability. (INCLUDING TRANSFER OF FUNDS) $1,000,000 to St. John’s County, Florida for SHELTER PLUS CARE RENEWALS water, sewer, wastewater, and stormwater Appropriates $1,025,000,000 for homeless as- Appropriates $100,000,000 for renewing shel- system improvements. sistance grants instead of $1,020,000,000 as ter plus care grants that expire in fiscal Excludes report language proposed by the proposed by the House and the Senate. Funds years 2001 and 2002 instead of $105,000,000 as Senate directing HUD to make a comprehen- provided in this account include funds for proposed by the Senate. The House proposed sive report on all EDI grants. Similar lan- new Shelter Plus Care grants. Renewals of renewing these contracts in the Housing Cer- guage was not included by the House. How- existing grants are included in a new ac- tificate Fund. These are the grants that ever, the conferees agree that HUD should count called ‘‘Shelter Plus Care Renewals.’’ would be subject to renewal in the fiscal conduct a close-out review of each non-con- Includes language proposed by the House years 2000 and 2001 funding cycles. gressionally designated EDI grant within requiring that all homeless programs be co- Because renewal funding is provided in this five years of the award. Any funds not obli- ordinated with health, social service, and account for Shelter Plus Care grants being gated should be identified and reported to employment programs. The Senate did not handled in the fiscal year 2000 continuum of the Committees by May 1, 2001, for possible include similar language. care funding competition now underway, the rescission and reallocation. Includes language proposed by the House conferees intend that grants qualifying for BROWNFIELDS REDEVELOPMENT providing that 1.5 percent of the funds appro- renewal under this account be removed from priated for the program shall be for technical Appropriates $25,000,000 for brownfields re- that competition and instead be renewed assistance and the development and mainte- development as proposed by the Senate in- with funds in this account. nance of management information systems, stead of $20,000,000 as proposed by the House. HOUSING PROGRAMS instead of .75 percent as proposed by the Sen- HOME INVESTMENT PARTNERSHIPS PROGRAM ate. HOUSING FOR SPECIAL POPULATIONS (INCLUDING TRANSFER OF FUNDS) Appropriates $500,000 for the Interagency (INCLUDING TRANSFER OF FUNDS) Appropriates $1,800,000,000 for the HOME Council on the Homeless as proposed by the Appropriates $996,000,000 for housing for program instead of $1,585,000,000 as proposed Senate. The House did not include similar special populations as proposed by the Sen- by the House, and $1,600,000,000 as proposed language. ate instead of $911,000,000 as proposed by the by the Senate. The conferees increased the The conferees reiterate and endorse lan- House. funding level for HOME above the Senate guage included in the Senate report regard- Includes $779,000,000 for section 202 housing and House levels, and above the request, as ing the need for data and analysis on the ex- for the elderly instead of $783,000,000 as pro- an indication of their support for producing tent of homelessness and the effectiveness of posed by the Senate and $710,000,000 as pro- substantially more affordable homes for low- McKinney Act programs, the desirability of posed by the House. income Americans. convening a group of experts to discuss alter- Includes $217,000,000 for section 811 housing Recognizing the tremendous unmet need natives to the current ‘‘pro rata shares’’ for- for the disabled instead of $213,000,000 as pro- for affordable housing, and in light of the mula, the importance of oversight by HUD posed by the Senate and $210,000,000 as pro- fact that 5,400,000 families pay more than field staff, and the need to increase the sup- posed by the House. half their income for rent, the conferees seri- ply of permanent supportive housing. The Includes language proposed by the House ously considered proposing a new production conferees concur with the importance of de- providing grants under section 202b for con- program targeted at extremely low-income veloping unduplicated counts of the home- verting eligible projects to assisted living. Includes language proposed by the Senate families. In addition to creating new afford- less at the local level, as well as taking allowing the Secretary to designate up to able homes, the proposal would have encour- whatever steps are possible to draw infer- 25% of amounts earmarked for section 811 for aged the concepts of income-mixing, and ten- ences from this data about the extent and tenant-based assistance. The House included ant choice. Unfortunately, in deference to nature of homelessness in the nation as a language that allowed the Secretary to ear- the committees of jurisdiction, the conferees whole. mark between 25% and 50% of the funds for agreed to withdraw the proposal. Neverthe- Likewise, the conferees agree that local ju- risdictions should be collecting an array of this use. less, the conferees encourage the authorizing Transfers $1,000,000 to the Working Capital data on homelessness in order to prevent du- committees to consider the need for addi- Fund for the development and maintenance plicate counting of homeless persons, and to tional homes for extremely low-income fami- of information technology systems as pro- analyze their patterns of use of assistance, lies, and to draft legislation that will meet posed by the House. The Senate did not in- including how they enter and exit the home- these increasing needs. clude a similar provision. Includes $20,000,000 for the Housing Coun- less assistance system and the effectiveness seling program as proposed by the Senate in- of the systems. HUD is directed to take the FEDERAL HOUSING ADMINISTRATION stead of $15,000,000 as proposed by the House. lead in working with communities toward FHA—MUTUAL MORTGAGE INSURANCE PROGRAM For two consecutive years, HUD has been di- this end, and to analyze jurisdictional data ACCOUNT rected to develop a process for measuring the within three years. Implementation and op- (INCLUDING TRANSFERS OF FUNDS) performance of housing counseling agencies. eration of Management Information Systems Limits obligations for direct loans to no This year, several nonprofit intermediaries (MIS), and collection and analysis of MIS more than $250,000,000 as proposed by the working cooperatively with HUD developed data, have been made eligible uses of Sup- Senate instead of $100,000,000 as proposed by meaningful recommendations that include portive Housing Program funds. The con- the House. such measurements. The conferees direct ferees direct HUD to report to the Commit- Transfers $96,500,000 from administrative HUD to implement these recommendations tees within six months after the date of en- contract expenses to the Working Capital and, upon implementation, report to the actment of this Act on its strategy for Fund for the development and maintenance Committees on Appropriations. achieving this goal, including details on fi- of information technology systems as pro- Transfers $17,000,000 to the Working Cap- nancing, implementing, and maintaining the posed by the House. The Senate did not in- ital Fund for the development and mainte- effort. clude similar language. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10111 The conferees reiterate report language in- by the Senate and $40,000,000 as proposed by these tools in a constructive manner to deal cluded by the Senate regarding the imple- the House. As proposed by the House, with several serious issues. mentation of the single family property dis- $3,000,000 of the amount provided is for pro- First, HUD has been unable to accurately position legislation, specifically the statu- gram evaluation to support the inclusion of portray its salary and expense needs. In its tory authority to discount properties in dis- strategic planning and performance meas- fiscal year 2000 request, HUD requested fund- tressed neighborhoods. In fiscal year 1999, urements in the preparation of the budget. ing for 9,300 people though only 9,030 people legislation was enacted authorizing HUD to The Senate did not include similar language. were on staff at the time. Despite this dispose of its HUD-held single family loans. Includes new language providing $500,000 knowledge, which HUD did not share with As part of that agreement, seriously dis- for the Commission on Affordable Housing the Committees, HUD threatened a reduc- tressed neighborhoods where the possibility and Health Care Facility Needs for Seniors tion in force (RIF) unless more funds were of disinvestment is greatest could be des- in the 21st Century. forthcoming. Relying on the representation ignated as asset control areas. For these that a RIF was a real possibility, $20,000,000 FAIR HOUSING AND EQUAL more than was recommended was provided. areas, HUD was granted the authority to es- OPPORTUNITY tablish discounts on the price of foreclosed Even then, HUD claimed this amount was in- FAIR HOUSING ACTIVITIES homes for local governments and nonprofit sufficient. However, during fiscal year 2000, instead of institutions that establish neighborhood re- Appropriates $46,000,000 for fair housing ac- tivities instead of $44,000,000 as proposed by threatened staff reductions, HUD hired more development plans to revitalize these areas. than 700 employees, an unprecedented num- HUD, however, has not aggressively imple- the House and the Senate. Of the amount provided, $24,000,000 is for section 561 of the ber of new hires. In addition, HUD increased mented this legislative mandate. In fact, the number of personnel receiving quality HUD has instituted a pricing structure that Housing and Community Development Act of 1987. step increases from a negligible amount to is far more restrictive than required in the approximately 30% of the total staff. This law, making it extremely difficult for local OFFICE OF LEAD HAZARD CONTROL action brought the average cost per em- governments to repair deteriorated homes LEAD HAZARD REDUCTION ployee up to $81,500—a level that is $2,700 and to reinvigorate neighborhoods. The con- Appropriates $100,000,000 for lead hazard re- higher than estimated in the fiscal year 2001 ferees reiterate their support for the solution duction, as proposed by the Senate instead of budget request—thus making the fiscal year contained in the fiscal year 1999 legislation, $80,000,000 as proposed by the House. 2001 budget request insufficient by and direct HUD to implement it—specifically Of the amount, $10,000,000 is for the $18,650,000. the discount provisions—in a way that al- Healthy Homes Initiative as proposed by the Making a bad situation worse, almost 25% lows local governments and nonprofits to re- House instead of $5,000,000 as proposed by the of HUD’s total staff—or 2,018 people accord- build neighborhoods. Furthermore, the con- Senate. ing to HUD—are at the GS–14 and GS–15 lev- ferees reaffirm the Senate’s directive to re- Inserts language proposed by the House els of pay. Yet in fiscal year 2000 alone, HUD port on the implementation of the disposi- and stricken by the Senate providing hired more than 200 new GS–14 and GS–15s, tion program by May 15, 2001. $1,000,000 for CLEARCorps. causing displacement of existing staff and making it virtually impossible for younger Finally, the conferees are extremely con- Deletes language proposed by the Senate employees to expect upward movement in cerned about the proliferation of predatory transferring balances from pre-existing lead their careers in a reasonable amount of time. lending and commend HUD for acting to reduction programs. This transfer was in- combat this practice. As directed in the Sen- Such poor management decisions only un- cluded in the fiscal year 2000 appropriations derscore other management deficiencies. For ate report, the conferees look forward to measure and has already been implemented. being briefed by HUD on the progress made years, Congress has requested HUD to pro- in this area. MANAGEMENT AND ADMINISTRATION vide a staff plan that matches staffing re- The conferees are disappointed that HUD SALARIES AND EXPENSES quirements with programmatic responsibil- ities. For six years, HUD has systematically utilized only a small fraction of the lending (INCLUDING TRANSFERS OF FUNDS) authority made available in fiscal year 1999 and deliberately ignored these Congressional Appropriates $1,072,000,000 for salaries and requests and directives. Therefore, it isn’t for direct loans to nonprofit organizations expenses instead of $1,003,380,000 as proposed and local government agencies in connection surprising that the National Academy of by the House and $1,002,233,000 as proposed by Public Administration (NAPA) recently re- with sales of HUD-owned single-family the Senate. homes under section 204(g) of the National ported that ‘‘. . . the basis for most staff Deletes language proposed by the Senate level changes in the recent past has been Housing Act. HUD is expected to make fuller limiting per-employee costs (including bene- use of this lending authority in fiscal year top-down direction that HUD reduce staff fits) to an average of $78,000. The House did levels to get to a target number. The lack of 2001. In particular, the conferees believe that not include similar language. section 204(g) loans could be a valuable tool an analytical basis for much of that direc- Inserts language proposed by the Senate tion has not let top management know to assist with the acquisition, rehabilitation, prohibiting HUD from employing more than and sale of homes in the asset control areas whether resulting staff levels in individual 14 employees in the Office of Public Affairs. offices and overall are adequate to accom- created in the fiscal year 1999 VA, HUD, and The House did not include similar language. Independent Agencies Appropriations Act, plish the department’s mission.’’ Not only Deletes language proposed by the Senate does this conclusion concern the conferees, it and direct HUD to take steps to facilitate limiting the number of HUD full time equiv- use of section 204(g) loans by nonprofit orga- flies in the face of HUD’s own restructuring alent (FTE) positions to no more than 9,100. plan embodied in Management Reform Plan nizations working to revitalize neighbor- Inserts new language limiting the personal 2020. hoods in these areas. services object class to no more than Exacerbating these problems is HUD’s an- FHA—GENERAL AND SPECIAL RISK PROGRAM $758,000,000. nual transfer of funds from its information ACCOUNT Inserts new language requiring that not technology account to offset the personal (INCLUDING TRANSFERS OF FUNDS) less than $100,000,000 in the Working Capital services account, significantly delaying Transfers $33,500,000 from administrative Fund be used for the development and main- HUD’s entry to the information age. HUD’s contract expenses to the Working Capital tenance of information technology systems. inability to account for its appropriations— Fund for the development and maintenance Inserts new language limiting the number in terms of funding and in terms of results— of information technology systems as pro- of outside employees that HUD may hire at and its raid of the IT account to supplement posed by the House. The Senate did not in- grade levels of GS–14 and GS–15. Under the an inadequate personal services account is clude similar language. limitation, HUD may hire only 7 GS–14 and simply unacceptable. For that reason, the Deletes language included by the Senate GS–15 level employees for every 10 such em- conferees have fenced the IT account and di- requiring at least $50,000,000 of credit subsidy ployees who leave the Department. The limi- rect HUD to move forward on implementing be directed to insuring multifamily projects tation will be lifted only when the number of an enterprise data warehouse that incor- where a portion of the units are targeted to GS–14 and GS–15 level employees falls 2.5 porates a geographic information system extremely low-income families. However, percent from the level at the date of enact- (GIS) platform for HUD as quickly as pos- HUD is directed to report back to the Com- ment. This moratorium on hiring does not sible. The conferees reassert the House report mittees on Appropriations on the feasibility include promoting from within HUD, nor language directing HUD to present a com- of creating an insurance program that tar- does it impact the number of Schedule C em- prehensive, multi-year budget plan that cre- gets extremely low- and low-income families. ployees that can be hired at these grade lev- ates, maintains, and refines HUD’s informa- As part of this report, HUD should include an els. tion technology systems. Finally, HUD is di- estimate of the costs of providing credit sub- The conferees are concerned about the rected to provide a plan that matches staff sidy, or of any other subsidies, that would be growth of the personal service object class in the salaries and expenses account. To gain resources with programmatic needs by May necessary for such a program to be success- 15, 2001. ful. control over its growth, a cap of $758,000,000 has been placed on the personal service ob- OFFICE OF INSPECTOR GENERAL POLICY DEVELOPMENT AND RESEARCH ject class. Finally, HUD is directed to spend Appropriates $85,000,000 for the Office of In- RESEARCH AND TECHNOLOGY at least $100,000,000 on the development and spector General instead of $83,000,000 as pro- Appropriates $53,500,000 for research and maintenance of information technology sys- posed by the House and $87,843,000 as pro- technology instead of $45,000,000 as proposed tems. The conferees hope that HUD will use posed by the Senate. H10112 CONGRESSIONAL RECORD — HOUSE October 18, 2000

ADMINISTRATIVE PROVISIONS Deletes language proposed by the Senate lows PHAs to designate up to 20% of their Restores language proposed by the House to authorize a low-income multifamily risk- available voucher funds for this purpose and stricken by the Senate giving HUD en- sharing mortgage insurance program. The without any requirement that owners invest hanced authority to dispose of HUD-held House did not include similar language. additional funding in the units. This change mortgages. Includes language proposed by the Senate allows PHAs to decide whether to link Restores language proposed by the House exempting Alaska and Mississippi from the project-basing to new construction, to reha- and stricken by the Senate allowing HUD to statutory requirement of having a resident bilitation, or simply to use project-basing as set maximum payment standards for en- on the board of a PHA. The House did not in- a tool to promote voucher utilization and to hanced vouchers. clude similar language. expand housing opportunities. A PHA may Deletes language proposed by the House Includes new language making moderate project-base their vouchers only if the choice authorizing PHAs to utilize any excess sec- rehabilitation funds available for use under is consistent with the housing needs and tion 8 for increasing the value of a voucher the HOME Investment Partnerships Act for strategies identified in the PHA plan. If a in high cost areas, and for other purposes. two projects in New Rochelle, New York. PHA chooses this option, the initial contract The Senate had included similar language in Includes new language reprogramming term with the owner of the development may its Title II of Division B. $1,000,000 for the City of Loma Linda for in- be no more than 10 years in duration, but Includes language proposed by the Senate frastructure improvements at Redlands Bou- may be extended, subject to the agreement to prohibit HUD from prohibiting or debar- levard and California Streets, for infrastruc- of the owner and the PHA. All contracts are ring entities that administer the continuum ture improvements in the city related to subject to the availability of appropriations. of care process for homeless grants without Mountain View Bridge. Additionally, it requires PHAs to offer due process. The House did not include simi- Includes new language making Native families with project-based vouchers a ‘‘con- lar language. American communities eligible to receive tinued assistance option’’—a program vari- Includes language proposed by the Senate funding under the Resident Opportunity and ation that allows families to move from the to require all Title II programs to comply Social Services program. assisted building, and to retain federal hous- with the HUD Reform Act. The House did not Includes new language extending for one ing assistance. Under this option, PHAs include similar language. year an economic development initiative in agree to link a specified number of subsidies Includes language proposed by the Senate Miami Beach, Florida. to a particular development. The initial fam- enabling homeless programs to utilize the Includes new language reprogramming ilies are selected by the manager of the de- environmental assumption authority con- funds from Homestead, Florida, to housing velopment from among families referred by tained in section 305(c) of the Multifamily for low-income elderly persons in Dade Coun- PHAs. Families with the continued assist- Housing Property Disposition Reform Act of ty, Florida. ance option have the right to move after one 1994. The House did not include similar lan- Includes new language waiving the CDBG year but retain their federal housing assist- guage. social services cap for the City of Los Ange- ance by going to the top of the PHA waiting Includes language proposed by the Senate les. list, or by receiving assistance through other making technical changes and corrections to Includes new language extending FHA’s means devised by the PHA. Families that the National Housing Act. The House did not downpayment simplification provisions to move from a subsidized unit are replaced by include similar language. December 31, 2002. families referred from the PHA’s waiting Includes language proposed by the Senate Includes new language amending section list, ensuring that the specified number of making law enforcement officers eligible for 423 of the Stewart B. McKinney Homeless As- subsidies continue to be utilized at the devel- housing assistance under the Indian housing sistance Act program to allow grants to be opment throughout the term of the PHA’s block grant program. The House did not in- used to pay for the costs of implementing contract with the owner. Special rules would clude similar language. and operating management information sys- be applied in tax credit units. Includes language proposed by the Senate tems. To promote mixed-income developments, prohibiting federal assistance to facilities Includes new language amending section only 25 percent of the units in a multifamily that sell predominantly cigarettes or other 184 of the Housing and Community Develop- building may have project-based assistance. tobacco products. The House did not include ment Act of 1992 by allowing the program to PHAs are allowed to offer vacancy payments similar language. be used to refinance previously made loans to owners for no more than 60 days. However, Modifies language proposed by the Senate for purposes of rehabilitation, and by elimi- PHAs and owners must seek to reduce the prohibiting the implementation of the Puer- nating the requirement to show lack of ac- need for vacancy payments and such pay- to Rico PHA settlement agreement until cess to private financial markets. ments may not be made if the vacancy is the management reform goals and benchmarks Includes new language making enhanced fault of the owner—for example, the unit are identified including safeguards against vouchers available to residents who have does not pass re-inspection, or a PHA refers fraud and abuse by inserting a date by which continued to reside in section 8 properties a reasonable number of families to the owner the report is due. The House did not include which opted out of expired federal assistance but the owner refuses to select any of them. similar language. contracts prior to enactment of Subtitle C of Modifies language proposed by the Senate Modifies language proposed by the Senate Title V of the fiscal year 2000 VA, HUD and requiring HUD to maintain section 8 rental allowing a grant award to the Hollander Independent Agencies Appropriations Act. assistance payments on HUD-held or HUD- Ridge project to be used for activities that Includes new language requiring grantees owned properties that are occupied primarily benefit the site. The House did not include under Subtitle A of title IV of the Stewart B. by elderly or disabled families. If the prop- similar language. McKinney Homeless Assistance Act to co- erties are not viable affordable housing, the Deletes language proposed by the Senate ordinate their discharge policies. Secretary may contract for project-based as- reducing the downpayment requirements for Includes new language amending section sistance with other existing housing prop- teachers and uniformed municipal employ- 525 of the VA, HUD and Independent Agen- erties, or provide other rental assistance. ees. The House did not include similar lan- cies Appropriations Act of 2000 by changing Modifies language proposed by the Senate guage. However, the Office of Policy Devel- the title of the ‘‘Commission on Affordable making the family unification program more opment and Research is directed to contract Housing and Health Care Facility Needs’’ to flexible. with an outside entity to determine the fea- the ‘‘Commission on Affordable Housing and Includes language proposed by the Senate sibility of decreasing the downpayment re- Health Care Facility Needs for Seniors in the making the FHA risk-sharing programs per- quirements for these individuals and assess 21st Century.’’ manent. its impact on communities. Includes new language amending the TITLE III—INDEPENDENT AGENCIES Includes language proposed by the Senate McKinney Act allowing for the chair of the AMERICAN BATTLE MONUMENTS COMMISSION authorizing the ‘‘neighborhood networks’’ Interagency Council for the Homeless to ro- SALARIES AND EXPENSES tate between HUD, the Department of Health computer concept to be an eligible activity Appropriates $28,000,000 for salaries and ex- and Human Services, the Department of to receive funding under the modernization penses as proposed by the House instead of Labor, and the Department of Veterans Af- and HOPE VI grant programs. The House did $26,196,000 as proposed by the Senate. The fairs. not include similar language. conferees commend the ABMC for the Modifies language proposed by the Senate Includes language proposed by the Senate progress made in reducing the backlogged amending the Quality Housing and Work Re- deeming a project in Independence, Missouri, maintenance needs throughout the ABMC sponsibility Act of 1998 (QHWRA), to allow to be eligible for mark-to-market reforms. system, and have provided funds in excess of PHAs to ‘‘project-base’’ up to 20 percent of The House did not include similar language. the budget request to continue this impor- Modifies language proposed by the Senate their section 8 voucher funds. For many rea- tant program. to extend section 236(g)(3)(A) of the National sons, including burdensome implementation Housing Act for one year. The House did not regulations, the option in QHWRA has never CHEMICAL SAFETY AND HAZARD INVESTIGATION include similar language. worked effectively. Therefore, the conferees BOARD Modifies language proposed by the Senate have agreed to include legislation that SALARIES AND EXPENSES enabling a county to elect to remain an makes substantive revisions to section Appropriates $7,500,000 for salaries and ex- ‘‘urban county’’ if it was so defined in fiscal 8(o)(13) of the United States Housing Act. penses instead of $8,000,000 as proposed by the year 1999. The House did not include similar First, the revision makes the option to House and $7,000,000 as proposed by the Sen- language. project-base vouchers more flexible, and al- ate. Bill language has been included again October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10113 this fiscal year which limits the number of penses, instead of $433,500,000 as proposed by The conferees agree to the Senate proposal career Senior Executive Service positions to the Senate. The House proposed termination to earmark $5,000,000 for Communities In three. Of the available funds, $5,000,000 shall of the Corporation for National and Commu- Schools, Inc., $2,500,000 for Parents as Teach- remain available until September 30, 2001, nity Service using funds appropriated in ers National Center, Inc., $7,500,000 for Amer- and $2,500,000 shall remain available until prior years. ica’s Promise—The Alliance for Youth, Inc., September 30, 2002. Limits funds for administrative expenses and $2,500,000 for Boys and Girls Clubs of In addition, language has been adopted to not more than $31,000,000, instead of America. which stipulates that the Inspector General $29,000,000 as proposed by the Senate. The The conferees agree to provide $1,500,000 for of the Federal Emergency Management conferees have included language proposed the Youth Life Foundation (YLF). The YLF Agency shall also serve as the Inspector Gen- by the Senate which directs the Corporation aims to replicate the programs it has devel- eral of the Board, shall utilize personnel of to use $2,000,000 for acquisition of a cost ac- oped in Washington, D.C. to address the chal- the Office of Inspector General of FEMA in counting system for the Corporation’s finan- lenges of children living in insecure environ- performing the duties of the Inspector Gen- cial management system, an integrated ments and make those programs applicable eral of the Board, and shall not appoint any grants management system that provides to other parts of the Nation. The conferees individuals to positions within the Board. comprehensive financial management infor- recognize that America’s Promise is already The conferees agree that not later than mation for all Corporation grants and coop- trying to establish partnerships with locally- March 1, 2002, and thereafter, the Chief Oper- erative agreements, and the establishment, ating Officer of the Board shall prepare a fi- based organizations such as YLF. Accord- operation and maintenance of a central ar- ingly, the conferees expect YLF to continue nancial report for the preceding year, cov- chives. The conferees agree that improve- ering all accounts and associated activities its effort in coordinating and collaborating ments to the Corporation’s accounting sys- its activities with America’s Promise. of the Board. Each such financial report tems, including a cost accounting system, is shall be audited according to generally ac- The House proposed that the Corporation of very high priority and deserves senior be terminated and did not include any of the cepted accounting principles by the Inspec- management’s full attention. The conferees tor General of the Board or another qualified foregoing limitations or provisions proposed agree that the Corporation is prohibited by the Senate. external auditor as determined by the In- from providing any salary increases (with spector General, and each such audit report the exception of locality adjustments and OFFICE OF INSPECTOR GENERAL shall be submitted to the Chief Operating Of- other appropriate adjustments provided to Appropriates $5,000,000 for the Office of In- ficer not later than June 30 following the fis- all government employees) or bonuses to its spector General, the same amount as pro- cal year for which the audit was performed. senior management until the Corporation vided by the House and the Senate. DEPARTMENT OF THE TREASURY has certified, with the IG’s concurrence, that ADMINISTRATIVE PROVISION COMMUNITY DEVELOPMENT FINANCIAL an adequate cost accounting and grants Includes an administrative provision, as INSTITUTIONS management system has been acquired, im- proposed by the Senate, which provides a COMMUNITY DEVELOPMENT FINANCIAL plemented, and conforms to all Federal re- technical correction to language included in INSTITUTIONS FUND PROGRAM ACCOUNT quirements. the fiscal year 2000 appropriations Act. Appropriates $118,000,000 for community Limits funds as proposed by the Senate to COURT OF APPEALS FOR VETERANS CLAIMS development financial institutions fund pro- not more than: $28,500,000 for quality and in- gram account instead of $105,000,000 as pro- novation activities; $2,500 for official recep- SALARIES AND EXPENSES posed by the House and $95,000,000 as pro- tion and representation expenses; $70,000,000 Appropriates $12,445,000 for the Court of posed by the Senate. for education awards, of which not to exceed Appeals for Veterans Claims as proposed by Includes $5,000,000 for technical assistance $5,000,000 shall be available for national serv- the Senate instead of $12,500,000 as proposed to promote economic development in Native ice scholarships for high school students per- by the House. American communities. The conferees in- forming community service; $231,000,000 for DEPARTMENT OF DEFENSE-CIVIL CEMETERIAL tend that this assistance be provided pri- AmeriCorps grants, of which not to exceed EXPENSES, ARMY marily through qualified community devel- $45,000,000 may be for national direct pro- opment lenders, organizations with experi- grams and $25,000,000 shall be for activities SALARIES AND EXPENSES ence and expertise in banking and lending in dedicated to developing computer and infor- Appropriates $17,949,000 for salaries and ex- Indian country, Native American organiza- mation technology skills; $10,000,000 for the penses as proposed by the House instead of tions, and other suitable providers, as well as Points of Light Foundation; $21,000,000 for $15,949,000 as proposed by the Senate. The through financial assistance to tribes and the civilian community corps; $43,000,000 for conferees note that the funding level rep- tribal organizations for procurement of ap- school-based and community-based service- resents an increase of over $5,000,000 above propriate expertise and services. learning programs; and $5,000,000 for audits the previous fiscal year, and will be used for Provides $8,750,000 for administrative ex- and other evaluations. the highest priority maintenance and capital penses instead of $9,500,000 as proposed by the The conferees agree to add $3,000,000 to the improvement projects as identified in the House, and $8,000,000 as proposed by the Sen- national civilian community corps (NCCC) Cemetery’s Ten-Year Plan. ate. account to cover the additional costs of relo- Provides $19,750,000 for the cost of direct DEPARTMENT OF HEALTH AND HUMAN cating a campus site in San Diego and to ad- loans instead of $23,000,000 as proposed by the SERVICES minister a program level of 1,100 members, House, and $16,500,000 as proposed by the Sen- NATIONAL INSTITUTES OF HEALTH which would match its fiscal year 1998 level. ate. NATIONAL INSTITUTE OF ENVIRONMENTAL Excludes language proposed by the House The conferees understand that the number of HEALTH SCIENCES and stricken by the Senate regarding the ac- campuses would remain at the current level counting of certain administrative costs. of five sites. Appropriates $63,000,000 for the National Eliminates language proposed by the Sen- Inserts language proposed by the Senate Institute of Environmental Health Sciences ate capping the Bank Enterprise Award pro- which prohibits using any funds for national in a new, separate account instead of gram at $30,000,000. The House did not in- service programs run by Federal agencies; $60,000,000 as proposed in a new account by clude similar language. provides that, to the maximum extent fea- the House and $60,000,000 as proposed through sible, funds for the AmeriCorps program will CONSUMER PRODUCT SAFETY COMMISSION the Environmental Protection Agency’s Haz- be provided consistent with the rec- SALARIES AND EXPENSES ardous Substance Superfund account by the ommendation of peer review panels; and pro- Senate. The conferees believe this new ac- Appropriates $52,500,000 for the Consumer vides that, to the maximum extent prac- count structure will provide higher visibility Product Safety Commission, salaries and ex- ticable, the level of matching funds shall be and better oversight of the NIEHS. The con- penses, as proposed by the Senate, instead of increased, education only awards shall be ex- ferees have deleted language proposed by the $51,000,000 as proposed by the House. panded, and the cost per participant shall be The conferees are in agreement that sig- House making funding available until Sep- reduced. tember 30, 2002. nificant progress has been made by the Com- Rescinds $30,000,000 from the National mission in reducing children’s deaths in Of the funds provided, $40,000,000 is for the Service Trust, instead of $50,000,000 as pro- cribs. Despite this accomplishment, deaths research program and $23,000,000 is for the posed by the Senate. The conferees have in used cribs remain too high. Accordingly, worker training program. taken this action because the balances in the the conferees urge the Commission to under- AGENCY FOR TOXIC SUBSTANCES AND DISEASE Trust appear at this time to be in excess of take an initiative to continue its excellent REGISTRY efforts to further reduce crib deaths. requirements based upon usage rates. The conferees direct the Corporation to provide a SALARIES AND EXPENSES CORPORATION FOR NATIONAL AND COMMUNITY quarterly report to the Committees on Ap- Appropriates $75,000,000 for salaries and ex- SERVICE propriations of the House and Senate on the penses of the Agency for Toxic Substances NATIONAL AND COMMUNITY SERVICE PROGRAMS assets and liabilities of the National Service and Disease Registry in a new, separate ac- OPERATING EXPENSES Trust fund, including information on inter- count instead of $70,000,000 as provided by the (INCLUDING TRANSFER AND RESCISSION OF est earned and interest received and an ex- House in a new account and $75,000,000 as FUNDS) planation of the relationship between the provided through the Environmental Protec- Appropriates $458,500,000 for national and amounts in the completed financial state- tion Agency’s Hazardous Substance Super- community service programs operating ex- ments and the budget request. fund account by the Senate. The conferees H10114 CONGRESSIONAL RECORD — HOUSE October 18, 2000 believe this new account structure will pro- (IPEC) to develop cost-effective environ- Within the funds transferred from the Haz- vide higher visibility and better oversight of mental technology, improved business prac- ardous Substance Superfund (HSS) account, the ATSDR. tices, and technology transfer for the domes- $7,000,000 is for the Superfund Innovative The conferees have also included bill lan- tic petroleum industry. Technology Evaluation (SITE) program, in- guage which permits the Administrator of 14. $1,000,000 for the University of South cluding $500,000 for a demonstration project the ATSDR to conduct other appropriate Alabama Center for Estuarine Research. at the Port of Richfield, Washington involv- health studies and evaluations or activities 15. $4,527,000 for the Mine Waste Tech- ing an innovative steam extraction tech- in lieu of health assessments pursuant to nology Program and the Heavy Metal Water nology. Also from within those funds trans- section 104(i)(6) of the Comprehensive Envi- Program at the National Environmental ferred from HSS as well as from funds appro- ronmental Response, Compensation, and Li- Waste Technology, Testing, and Evaluation priated to science and technology, $4,500,000 ability Act of 1980, as amended (CERCLA). Center ($3,902,000) and for a field demonstra- is for continued operation of the Hazardous The language further stipulates that in the tion of ceramic microfiltration technology Substance Research Centers. conduct of such other health assessments, ($625,000). The conferees direct EPA to contract, evaluations, or activities, the ATSDR shall 16. $400,000 for the Texas Institute for Ap- within 30 days of enactment of this Act, with not be bound by the deadlines imposed in plied Environmental Research at Tarleton the National Academy of Sciences or other section 104(i)(6)(A) of CERCLA. The con- State University. appropriate entity for a study of carbon ferees have deleted language proposed by the 17. $500,000 for the Consortium for Plant monoxide episodes in meteorological and House making funding available until Sep- Biotechnology Research. topographical problem areas, addressing the tember 30, 2002. 18. $750,000 for the Geothermal Heat Pump role of cold weather inversions and address- Funds provided for fiscal year 2001 cannot (GHP) Consortium. ing public health significance and strategies, be used by the ATSDR to conduct in excess 19. $750,000 for the Kalamazoo River Water- including the use of catalytic converter and of 40 toxicological profiles. shed Initiative through Western Michigan other cold-start technology, for managing Within the appropriated level, ATSDR is to University’s Environmental Research Insti- these rare occurrences in national ambient use up to $2,000,000 to continue the Great tute. air quality standards non-attainment areas, Lakes fish consumption study; up to 20. $900,000 to Old Dominion University in due mostly to cold weather inversions. One $6,000,000 for medical monitoring and related Virginia for the continued development, de- of the major case studies is to be Fairbanks, activities in Libby, Montana; $500,000 to con- sign, and implementation of a research effort Alaska, for which there shall be a prelimi- duct subsistence and dietary studies of on tributyltin-based ship bottom paints. nary report by September 1, 2001 in order to contaminents in the environment, subsist- 21. $1,000,000 to the University of Cali- inform the further development of a State ence resources, and people in Alaska Native fornia, Riverside for continued research of Implementation Plan for such area. advanced vehicle design, advanced transpor- populations; and up to $1,000,000 for comple- ENVIRONMENTAL PROGRAMS AND MANAGEMENT tion of the Toms River, New Jersey cancer tation systems, vehicle emissions, and at- mospheric pollution at the CE–CERT facil- Appropriates $2,087,990,000 for environ- evaluation and research project. The ATSDR mental programs and management instead of is further directed to provide support for the ity. 22. $2,000,000 to the University of Miami in $1,895,000,000 as proposed by the House and minority health professions program. $2,000,000,000 as proposed by the Senate. The As in the past, ATSDR’s administrative Florida for the Rosentiel School of Marine conferees have included bill language as pro- costs charged by the CDC are capped at 7.5 and Atmospheric Science. posed by the House, identical to that carried percent of the amount appropriated herein. 23. $1,000,000 for the Environmental Protec- tion Agency to become involved in the De- in the fiscal years 1999 and 2000 Acts, which ENVIRONMENTAL PROTECTION AGENCY partment of Energy’s fine particulate matter limits the expenditure of funds to implement SCIENCE AND TECHNOLOGY research program. or administer guidance relating to title VI of Appropriates $696,000,000 for science and 24. $3,000,000 to the National Technology the Civil Rights Act of 1964, with certain ex- technology instead of $650,000,000 as proposed Transfer Center to continue its cooperative ceptions. This provision does not provide the by the House and $670,000,000 as proposed by agreement with EPA to assess, market and Agency statutory authority to implement its the Senate. license technologies owned by EPA, and to Environmental Justice Guidance. Rather, it The conferees have agreed to the following conduct commercialization best practices simply clarifies the applicability of the In- increases to the budget request: training activities. terim Guidance with respect to certain pend- 1. $2,500,000 for EPSCoR. 25. $2,000,000 to the Canaan Valley Institute ing cases as an administrative convenience 2. $4,000,000 for the Water Environment Re- for continuation of its regional environ- for the Agency. search Foundation. mental data center and coordinated informa- The conferees have included bill language 3. $4,000,000 for the American Water Works tion management system in the Mid-Atlan- providing up to an additional 6 months for Association Research Foundation. tic Highlands in coordination with the Fed- EPA to issue a final regulation for arsenic in 4. $2,000,000 for the National Decentralized eral Geographic Data Committee and the Na- drinking water. The conferees are very con- Water Resource Capacity Development tional Spatial Data Infrastructure. cerned about the cost of EPA’s proposed ar- Project, in coordination with EPA, for con- 26. $1,000,000 above the budget request to senic drinking water rule to small commu- tinued training and research and develop- the Canaan Valley Institute in close coordi- nities. Moreover, the information EPA used ment. nation with the Regional Vulnerability and to develop the proposed standard is the sub- 5. $1,500,000 for the National Jewish Med- Assessment (ReVA) initiative to develop re- ject of considerable controversy and dis- ical and Research Center for research on the search and educational tools using integra- agreement. The conferees believe EPA relationship between indoor and outdoor pol- tive technologies to predict future environ- should take a full year—as intended by the lution and the development of respiratory mental risk and support informed, proactive Safe Drinking Water Act Amendments of diseases. decision-making. 1996—to finalize the new standard and there- 6. $1,900,000 for the National Environmental 27. $500,000 to establish the Center for Met- fore strongly recommend EPA not finalize Respiratory Center at the Lovelace Res- als in the Environment in Delaware. the rule until June 2001 and provide signifi- piratory Research Institute. The research 28. $625,000 to New Mexico State University cant, additional opportunity for public com- should be coordinated with EPA’s overall to determine the Carbon Sequestration Po- ment. particulate matter research program and tential of southwestern lands. Bill language proposed by the House and consistent with the recommendations set 29. $1,400,000 to the University of New the Senate has been included, as in the past forth by the National Academy of Sciences Hampshire for continuation of the Bedrock two fiscal years, prohibiting EPA from report on PM research. Bioremediation Center research project. spending funds to implement the Kyoto Pro- 7. $1,000,000 for the Environmental Tech- 30. $990,000 for research associated with the tocol. The conferees note that this restric- nology Commercialization Center to increase restoration and enhancement of Manchac tion on the use of funds shall not apply to the transfer of federally-developed environ- Swamp conducted by Southeastern Lou- the conduct of education activities and semi- mental technology. isiana at the Turtle Cove Research Station. nars by the agency. 8. $1,250,000 for the Center for Air Toxics 31. $500,000 to the Metropolitan Develop- The conferees note that several programs Metals at the Energy and Environmental Re- ment Association of Syracuse and Central funded through this Act conduct science and search Center. New York to continue assessing and miti- technology research that are associated 9. $1,500,000 for the Mickey Leland National gating the impact of exposure to multiple in- partly with global climate change. To the ex- Urban Air Toxics Research Center. door contaminants on human health. tent that the conferees have funded this 10. $250,000 for acid rain research at the 32. $3,637,000 to the National Alternative work, they have done so based on each pro- University of Vermont. Fuels Foundation for research and develop- gram’s individual merits of contributing to 11. $1,500,000 for the Gulf Coast Hazardous ment of a new class of alternative fuels issues associated with domestic energy pro- Substance Research Center. known as vapor-phase combustion fuels. duction, national energy security, energy ef- 12. $250,000 for the Institute for Environ- The conferees have agreed to the following ficiency and cost savings, related environ- mental and Industrial Science at Southwest reductions from the budget request: mental assessments, and general energy Texas State University. 1. $26,089,000 from the CCTI Transportation emission improvements. The bill language is 13. $750,000 for the Integrated Public/Pri- research program; and intended to prohibit funds provided in this vate Energy and Environmental Consortium 2. $1,138,000 from project EMPACT. bill from being used to implement actions October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10115 called for solely under the Kyoto Protocol, 13. $300,000 for the Northeast States for Co- Missouri, acting with Iowa State University, prior to its ratification. ordinated Air Use Management. North Carolina State University, Michigan The Byrd-Hagel Resolution passed in 1997 14. $750,000 for planning, coordination and State University, Oklahoma State Univer- (S. Res. 98) remains the clearest statement of development of a comprehensive watershed sity, and Purdue University to supplement the will of the Senate with regards to the based implementation program for the Santa ongoing research, demonstration, and out- Kyoto Protocol, and the conferees are com- Fe River. reach projects associated with animal waste mitted to ensuring that the Administration 15. $500,000 for the Brazos-Navasota water- management. not implement the Kyoto Protocol without shed management project. 34. $1,000,000 to complete a cumulative im- Congressional consent. The conferees recog- 16. $500,000 for the Kentucky Center for pacts study by the National Academy of nize, however, that there are also long- Wastewater Research to establish training, Sciences of North Slope oil and gas develop- standing energy research programs which education and database management for ment. have goals and objectives that, if met, could wastewater research to identify the greatest 35. $750,000 for an expansion of EPA’s ef- have positive effects on energy use and the threats to regional watersheds. forts related to the Government’s purchase environment. The conferees do not intend to 17. $250,000 for the Maryland Bureau of and use of environmentally preferable prod- preclude these programs from proceeding, Mines for an acid mine drainage remediation ucts focused on bio-based products with an provided they have been funded and approved project to reduce or eliminate the loss of emphasis on soy-based industrial oils, by Congress. quality water from surface streams in the greases and hydraulic fluid. This includes To the extent future funding requests may Kempton Mine complex. $200,000 to complete the soy smoke initiative be submitted which would increase funding 18. $2,000,000 to the University of Missouri- through the University of Missouri-Rolla. for climate change activities prior to Senate Rolla for research and development of tech- 36. $975,000 for the Alabama Department of consideration of the Kyoto Protocol (wheth- nologies to mitigate the impacts of livestock Environmental Management water and er under the auspices of the Climate Change operations on the environment. wastewater training programs. Technology Initiative or any other initia- 19. $500,000 for marsh restoration activities 37. $250,000 for the Vermont Department of tive), the Administration must do a better at Acowmin Marsh and Little River Marsh Agriculture to work with the conservation job of explaining the components of the pro- near North Hampton and Rye, New Hamp- districts along the Connecticut River in grams, their anticipated goals and objec- shire. Vermont to reduce nonpoint source pollu- tives, the justification for any funding in- 20. $200,000 for the Tri-State Water Quality tion. creases, a discussion of how success will be Council for development of voluntary nutri- 38. $600,000 for the Wetland Development measured, and a clear definition of how these ent reduction programs, establishing a basin- project in Logan, Utah. programs are justified by goals and objec- wide water quality monitoring program, and 39. $500,000 for the Economic Development tives independent of implementation of the related activities. Alliance of Hawaii to accelerate commer- Kyoto Protocol. The conferees expect these 21. $1,000,000 for the Global Environmental cialization of biotechnology to reduce pes- items to be included as part of the fiscal year Management Education Center within the ticide use in tropical and subtropical agri- 2002 budget submission for all affected agen- College of Natural Resources at the Univer- cultural production. cies. sity of Wisconsin-Stevens Point, to provide 40. $100,000 for the Connecticut River The conferees have agreed to the following training and outreach education for safe- Science Consortium to develop an inter- increases to the budget request: guarding the quality of surface and ground- disciplinary scientific monitoring and anal- 1. $14,500,000 for rural water technical as- water resources. ysis project in the Connecticut River Basin. sistance and groundwater protection, includ- 22. $1,000,000 for the Frank Tejeda Center 41. $1,000,000 to develop and demonstrate ing $8,600,000 for the NWRA, $2,600,000 for for Excellence in Environmental Operations new tools for imaging and monitoring the RCAP, $700,000 for GWPC, $1,600,000 for the to continue its efforts to demonstrate new movement of fluids and contaminants in the SFC, and $1,000,000 for the NETC. technology for water and wastewater treat- shallow subsurface using time-lapse geo- 2. $1,000,000 for implementation of the Na- ment. physical imaging and tomography tech- 23. $1,250,000 for the Chesapeake Bay Small tional Biosolids Partnership Program. niques. This project will involve researchers 3. $1,500,000 for source water protection Watershed Grants Program. Funds provided from Boise State University, the Idaho Na- programs. These funds are to be used to de- for the Chesapeake Bay small watersheds tional Engineering and Environmental Lab- velop local source water protection programs program are to be managed by the Fish and oratory, other Federal labs and industry. within each state utilizing the infrastructure Wildlife Foundation and shall be used for 42. $500,000 for Mississippi State Univer- and process of an organization now engaged community-based projects including those sity, the University of Mississippi and the in groundwater and wellhead protection pro- that design and implement on-the-ground University of Georgia to conduct forestry grams. and in-the-water environmental restoration best management practice water quality ef- 4. $1,250,000 for the national onsite and or protection activities to help meet Chesa- fectiveness studies in the States of Mis- community wastewater treatment dem- peake Bay Program goals and objectives. sissippi and Georgia. onstration project through the Small Flows 24. $1,000,000 for the Lake Champlain man- 43. $750,000 for the University of Idaho’s Clearinghouse. agement plan. 5. $2,500,000 for the Southwest Center for 25. $4,500,000 for operation of the Long Is- groundwater assessment project for rural Environmental Research and Policy. land Sound Office and programs consistent Idaho cities and towns. 6. $4,000,000 for the Small Public Water with new authorization relative to the Long 44. $500,000 for a study by the City of Fair- System Technology Centers at Western Ken- Island Sound. The total program is provided banks using geographic information system tucky University; the University of New $5,000,000. mapping to assess methods to comply with Hampshire; the University of Alaska-Sitka; 26. $500,000 for the Environmentors project. NPDES requirements. Pennsylvania State University; the Univer- 27. $200,000 for the Northeast Waste Man- 45. $150,000 to Colchester, Vermont to study sity of Missouri-Columbia; Montana State agement Officials Association to continue nonpoint source influences on water quality University; the University of Illinois; and solid waste, hazardous waste, cleanup and in Mallets Bay on Lake Champlain and to Mississippi State University. pollution prevention programs. plan for mitigation, with a focus on 7. $500,000 for the final year of Federal 28. $2,000,000 for the Food and Agricultural stormwater management and on-site dis- funding to assist communities in Hawaii to Policy Research Institute’s Missouri water- posal systems. meet successfully the water quality permit- shed initiative project to link economic and 46. $750,000 for the Resource and Agricul- ting requirements for rehabilitating native environmental data with ambient water tural Policy Systems Project at Iowa State Hawaiian fishponds. quality. University. 8. $5,000,000 under section 104(b) of the 29. $500,000 for the Small Business Pollu- 47. $700,000 to continue the Urban Rivers Clean Water Act for America’s Clean Water tion Prevention Center at the University of Awareness Program at the Academy of Nat- Foundation for implementation of on-farm Northern Iowa. ural Sciences in Philadelphia for its environ- environmental assessments for livestock op- 30. $750,000 for the painting and coating mental science program. erations, with the goal of improving surface compliance enhancement project through 48. $500,000 for the Kenai River Center for and ground water quality. the Iowa Waste Reduction Center. continued research on watershed issues and 9. $500,000 for the Ohio River Watershed 31. $1,890,000 for the Michigan Bio- related activities. Pollutant Reduction Program, to be cost- technology Institute for development and 49. $750,000 for the New Hampshire Estu- shared. demonstration of environmental cleanup aries Project management plan implementa- 10. $1,650,000 to continue the sediment de- technologies. tion. contamination technology demonstration in 32. $200,000 for the Hawaii Department of 50. $100,000 to continue the Design for the the New York-New Jersey Harbor. Agriculture and the University of Hawaii Environment for Farmers Program to ad- 11. $1,500,000 for the National Alternative College of Tropical Agriculture and Human dress the unique environmental concerns of Fuels Vehicle Training Program. Resources to continue projects aimed at im- the American Pacific area through the adop- 12. $300,000 for the Coalition for Utah’s Fu- proving the acceptability and efficacy of ag- tion of sustainable agricultural practices. ture to continue the Envision Utah project riculturally-based environmental restoration 51. $5,000,000 to the Gas Research Institute including the development of a sustainable technologies. for the development of a bio-refinery com- plan for future growth and environmental 33. $1,000,000 for the Animal Waste Manage- mercialization pilot project which will uti- stewardship in the Wasatch Front. ment Consortium through the University of lize thermal-depolymerization technology to H10116 CONGRESSIONAL RECORD — HOUSE October 18, 2000 break down waste streams into usable prod- ity management program in the Upper Sus- 102. $500,000 to the University of Toledo in ucts. quehanna Watershed. the Ohio Lake Erie Research Center for par- 52. $700,000 to the Northwest Indian Fish- 79. $1,200,000 for continued work on the ticipation in the Western Lake Erie Basin eries Commission for programs as described water quality management plans for the Study authorized by Sec. 441 of WRDA 1999, in Senate Report 106–410. Central New York watersheds in Onondaga Public Law 106–53. 53. $300,000 to Davie County, North Caro- and Cayuga Counties. 103. $450,000 for the Water Resources Insti- lina for the Cooleemee Falls Project. 80. $300,000 to the Central New York Re- tute at California State University, San 54. $1,000,000 to Union County, Arkansas for gional Planning and Development Board for Bernardino to develop and maintain an infor- the continuation of the Union County Sparta the Oneida Lake and Watershed Management mation repository of water-related research Aquifer study. Plan. and conflict resolution. 55. $500,000 to Riverside County, California 81. $1,200,000 for the Dry Creek Flood Miti- 104. $600,000 for the San Bernardino Munic- for the Community and Environmental gation project in Cortland, New York. ipal Water District in California for research Transportation Acceptability Process 82. $500,000 to the town of Pilot Mountain, and design of a mitigation project addressing (CETAP). North Carolina for stream restoration and the City’s contaminated high groundwater 56. $150,000 for the Santa Clara River En- upland protection in the watershed. table and dangers presented by liquefaction. hancement and Management Plan. 83. $300,000 to Charlotte, North Carolina for 105. $990,000 for continuation of the Soil 57. $450,000 to Ventura County, California the Charlotte Surface Water Improvement Aquifer Treatment Project. for continued development of the Calleguas and Management Program. 106. $200,000 to Miami-Dade County Depart- Creek Watershed management plan. 84. $855,000 to North Carolina Central Uni- ment of Environmental Resources Manage- 58. $1,200,000 to Gateway Cities, Council of versity for the Environmental Risk and Im- ment in Florida to expand the existing edu- Governments in California to complete pact Research Initiative. cation program. Phase II of the Truck Impacted Intersections 85. $300,000 to Cleveland State University 107. $300,000 to Leon County, Florida for Program and develop the comprehensive Die- in Ohio for continuation of the Program of the Aquifer Protection Assessment program. sel Emissions Reduction Program. Excellence in Risk Analysis. 108. $750,000 to Calhoun County, Michigan 59. $900,000 for continuation of the Sac- 86. $1,000,000 to the Pennsylvania Geo- for development of a comprehensive research ramento River Toxic Pollution Control graphic Information Consortium to continue and development plan for Kalamazoo River Project, to be cost shared. development of a comprehensive environ- Watershed. 60. $600,000 to Fort Lauderdale, Florida for mental masterplan for Upper Susquehanna- 109. $250,000 to the Northwest Straits Advi- design and construction as part of the Fort Lackawanna Watershed. sory Commission of Washington. Lauderdale International Airport Wetlands 87. $175,000 to the Pennsylvania State Uni- The conferees have agreed to the following Development Project. versity Technical Assistance Center to pro- reductions from the budget request: 61. $131,000 to Miami-Dade County, Florida vide technical expertise to operate public 1. $27,413,000 from the CCTI Buildings pro- for lead screening, testing, outreach, edu- water systems. gram. cation and abatement in the Liberty City 88. $2,000,000 to the University of Houston, 2. $9,495,000 from the CCTI Transportation neighborhood. Texas and in consultation with the Greater program. 62. $600,000 for fishery and habitat restora- Houston Partnership for Ozone Simulation 3. $31,686,100 from the CCTI Industry pro- tion in Lake Panasoffkee, Florida. and Forecasting. gram. 63. $600,000 to Osceola County, Florida to 89. $500,000 to Texas A&M University for 4. $5,076,200 from the CCTI International preserve the watershed and drainage system the National Chemical Safety Data System. Capacity Building program. currently under attack by exotic aquatic 90. $2,500,000 to the Salt Lake Organizing 5. $2,025,000 from the CCTI State and Local plants. Committee or its designee for environmental program. 64. $1,150,000 for the Tampa Bay Watch pro- programs and operations of the 2002 Winter 6. $2,410,000 from the CCTI Carbon Removal gram. Olympic and Paralympic Games. Eligible ac- program. 65. $1,000,000 to St. Petersburg, Florida for tivities may include tree programs; environ- 7. $848,800 from Project EMPACT. the Clam Bayou Habitat Restoration mental compliance activities; programs 8. $9,000,000 from the Integrated Informa- Project. highlighting the use of environmentally- tion Initiative. The conferees have provided 66. $100,000 to Pinellas County, Florida for friendly technologies including, but not lim- $5,000,000 for continued planning and design the cooperative exchange education module ited to, photovoltaic lighting and CNG fuel; of this new initiative’s exchange network. on environmental sustainability and the waste management and recycling programs 9. $4,841,000 from the innovative commu- stewardship of natural resources. and operations; and public information and nity partnership program. 67. $1,000,000 to the Illinois Environmental outreach efforts. 10. $9,000,000 from the Montreal Protocol Protection Agency for the ‘‘Illinois Rivers 91. $600,000 to Fairfax County, Virginia for Multilateral Fund. 2020’’ restoration program. the Fairfax County Water Authority to con- 11. $4,250,000 from the international envi- 68. $600,000 for the Water Systems Council duct a study on water supply for drought re- ronmental monitoring program. in Iowa to assist in the effective delivery of sistance. 12. $3,840,000 from the regional geographic water to rural citizens nationwide. 92. $1,000,000 to Arlington County and the program. 69. $300,000 for investigation of pollution City of Alexandria, Virginia for demonstra- 13. $3,395,000 from urban environmental sources in the Lower Arkansas River in tion of environmental improvements to Four quality and human health. Wichita, Kansas. Mile Run. 14. $10,000,000 as a reduction in payroll 70. $300,000 for the Urban Waste Manage- 93. $600,000 to Franklin, Grant and Adams costs. ment and Research Center in Louisiana. counties in Washington for the Groundwater The seven Environmental Finance Centers 71. $700,000 for the Louisiana Environ- Management Area to address nitrate levels and the Regional Environmental Enforce- mental Research Center. in drinking water. ment Associations are to be funded at the 72. $300,000 for the Oyster Habitat Restora- 94. $300,000 for the continuation of the Mol- fiscal year 2000 funding level, and the Envi- tion program in the Chesapeake Bay. ten Carbonate Fuel Cell Demonstration ronmental Education programs are to be 73. $800,000 for the National Center for project in King County, Washington. funded as proposed in the budget submission. Manufacturing Sciences in Michigan to fa- 95. $168,000 for the Great Lakes Indian Fish The conferees agree that operations of the cilitate industrial input into EPA’s compli- and Wildlife Commission for technical work Clean Water Act Sec. 104(g)(1) Wastewater ance assistance clearinghouse and to expand near the Crandon Mine in Wisconsin. Onsite Technical Assistance Centers shall re- the scope of compliance assistance centers 96. $1,225,000 to the Canaan Valley Institute main at the current funding level. ($500,000) and for continuation of EPA’s Envi- for ongoing operations. The conference agreement includes the ronmental Roadmapping Initiative ($300,000). 97. $2,400,000 for the National Energy Tech- budget request of $34,100,000 for pesticides re- 74. $300,000 to Mississippi State University nology Laboratory (NETL) for continued ac- registration, and $39,300,000 for pesticides for the Southeast Center for Technology As- tivities of a comprehensive clean water ini- registration activities performed by EPA. sistance for Small Drinking Water Systems. tiative in cooperation with EPA Region III. Faster review and approval for registration 75. $300,000 to the Ten Towns Great Swamp 98. $2,800,000 to the Polymer Alliance applications will allow safer, more environ- Watershed Management Committee in New Zone’s MARCEE Initiative with oversight mentally friendly products on the market Jersey. being provided by the Office of Solid Waste. sooner and ensure that farmers have the 76. $1,000,000 to Alfred University in New 99. $500,000 to the University of North Caro- ability to protect their crop. The conferees York for the Center for the Engineered Con- lina at Greensboro for the Bioterrorism expect no reductions to be proposed for these servation of Energy (EnCo). Water Quality Protection Program with the programs in the operating plan submission. 77. $1,000,000 to the Darrin Fresh Water In- aim of developing highly automated and in- Similarly, the Endocrine Disruptor Screen- stitute in New York to extend and expand expensive testing protocols. ing and the Pesticide Residue Tolerance Re- studies of acid deposition. 100. $500,000 to Water Project 2000 in Ten- assessment programs are to receive 78. $500,000 to Cortland County, New York nessee to provide a benchmark water quality $10,200,000 and $14,600,000, respectively. The for continued work on the aquifer protection study. Tolerance Reassessment program has been plan of which $150,000 is for continued imple- 101. $500,000 to Fallon, Nevada to address funded at a level that equals the budget re- mentation of the comprehensive water qual- levels of naturally occurring arsenic. quest if a tolerance fee was imposed by EPA October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10117 and an additional $7,000,000 was recovered mation. The conferees further understand try practices, and achieving better environ- through that fee. The conferees have prohib- that the Department of Agriculture is final- mental results from companies in tandem ited implementation of the fee again this izing an agreement with the National Acad- with concrete improvements to the regu- year, due in part to provisions of that fee emy of Sciences to understand better the latory system. The Agency is encouraged to structure proposed by EPA which would dioxin impacts on the U.S. food supply. provide resources at the fiscal year 1999 level charge more than 100 percent of actual costs Therefore, the conferees strongly encourage in order to support necessary personnel, out- and which would make such charges retro- the Agency to await completion of these re- reach, grants, and EPA regional capacity for active. Until the Agency works toward a fee- views before finalizing its dioxin reassess- continued progress with the metal finishing for-service proposal which is both fair and ment. industry and other key participating sectors, reasonable, the conferees do not expect to This direction should not be interpreted to including specialty chemicals, meat proc- entertain approval. As noted previously, restrict EPA from issuing regulations to essing, metal casting, shipbuilding and re- these programs are not to be proposed for re- control dioxin emissions such as air toxics pair, photo processing, and travel and tour- duction through the operating plan submis- rules under Section 112 of the Clean Air Act ism. sion. Amendments of 1990, which have reduced in- The conferees are concerned that EPA has The Agency is directed to take no reduc- dustrial emissions of dioxin by 90 percent. not submitted for independent peer review tions below the budget request from the In view of the uncertain future supply of the Agency’s application of the persistent, NPDES permit backlog, the High Production pharmaceutical-grade CFCs, the conferees bioaccumulative toxicants (PBT) criteria Volume Chemical Challenge Program, the are mindful that a smooth and timely transi- and methodology to metals as utilized in Chesapeake Bay Program Office, and the tion to chlorofluorocarbon-free metered dose various Agency programs and proposed regu- water quality monitoring program along the inhalers (MDIs) is needed for patients to con- lations. Serious doubts about the scientific New Jersey-New York shoreline. The Agency tinue to have access to the treatments they validity of applying PBT criteria and meth- is expected to fund the Great Lakes Program need. The conferees are aware that a year odology to metals have been expressed by Office and the National Estuary program at ago FDA, in consultation with EPA, issued a international scientific bodies, invited ex- no less than the 2000 level, and is directed to proposed rule to determine when CFC MDIs perts at a January 2000 public workshop co- fund compliance assistance activities at no are non-essential, and that a decision was sponsored by EPA, and EPA’s Science Advi- less than $25,000,000. proposed at a July 2000 Meeting of the Mon- sory Board (SAB). In May 2000, the SAB The conferees direct EPA to contract expe- treal Protocol’s Open-Ended Working Group. noted that ‘‘classification of metals as PBTs ditiously with the National Academy of The conferees understand that major patient is problematic, since their environmental Sciences (NAS) for a review of the quality of and physician organizations, environmental fate and transport cannot be adequately de- science used to develop and implement groups and industry supported the July deci- scribed using models for organic contami- TMDLs, and direct that the final report be sion. This decision has now been revised. The nants.’’ Therefore, the conferees urge EPA to submitted to Congress by June 1, 2001. Fur- conferees note that the July decision and seek independent peer review and refer to ther, EPA is directed to conduct a com- this revised decision include a provision on the SAB the question of the scientific appro- prehensive assessment of the potential State the non-essentiality of new CFC MDIs unless priateness of applying PBT criteria and resources which will be required for the de- certain specified criteria are met. The con- methodology to metals before any applica- velopment and implementation of TMDLs ferees believe that a decision by the Protocol tion of the PBT criteria and methodology to and present the results of the study to Con- Parties such as the revised decision could fa- metals. gress within 120 days of enactment of this cilitate the transition without putting pa- The EPA has proposed to redesignate the Act. In conducting this cost assessment, tients at risk, and believe it is important San Joaquin Valley Ozone Nonattainment EPA must, in addition to direction included that a final decision make it clear that each area from ‘‘serious’’ to ‘‘severe’’ nonattain- in Senate Report 106–410, provide an estimate national health authority make the finding ment. The conferees note that the East Kern of the annual costs to the regulated commu- as to whether the essentiality criteria are County portion of this area is geographically nity in both the private and public sectors; met for a particular product. The conferees separated from the San Joaquin Valley air address concerns regarding the economic strongly urge EPA to work with the U.S. basin and in itself may not warrant a reclas- analysis performed by the Administrator on Delegation to the Protocol’s Meeting of the sification and may not contribute to the regulatory changes to the TMDL program Parties this December to actively seek adop- ozone nonattainment in the San Joaquin that were identified by the Comptroller Gen- tion of a decision which incorporates the es- Valley. The conferees also note that within eral in a June 21, 2000, report; and estimate sential use criteria contained in the revised the East Kern County area are two defense the costs to small businesses that would re- July decision, which adheres to a timely installations pursuing vital defense pro- sult from regulatory changes to the TMDL phase-out of new CFC MDIs, and which re- grams and a NASA laboratory conducting program. In conducting these analyses, the tains the ability of FDA to protect the advanced aerospace research which could be Administrator shall solicit comment from health and safety of U.S. citizens. The con- hampered seriously by reclassification. In the Comptroller General, each State, and the ferees further urge EPA to work with FDA view of this the Administrator is strongly public regarding the Agency’s assessment. on any final Protocol decision. encouraged to exclude the East Kern County In addition, the conferees direct the Agen- The conferees note that EPA’s plans to area from the San Joaquin area redesigna- cy to prepare an analysis of the monitoring promulgate a regulation pertaining to radon tion. data needed for development and implemen- in drinking water have significant financial The conferees continue to be concerned tation of TMDLs, and further direct EPA Re- implications for states and local water dis- with EPA’s chosen preferred alternative for gion IX as well as all other EPA Regions and tricts across the United States. The con- constructing secondary treatment facilities EPA Headquarters not to impose or mandate ferees believe it is important that the Agen- at the USIWTP near San Diego. The con- new TMDL-related requirements or issue cy obtain cost data prior to finalizing such a ferees are aware of EPA’s request to raise new guidance relative to new TMDL-related rule. In this regard, the General Accounting the existing cap on construction spending at permits prior to the date the TMDL rule can Office is directed to study the financial im- the IWTP in order to build 25 mgd of sec- be implemented under current law. pacts of the proposed EPA regulation and ondary ponds at the IWTP with previously The conferees understand that in June submit the report expeditiously to the Com- appropriated monies in the BEIF. The con- 2000, EPA released a substantially revised mittees on Appropriations of the House and ferees are also aware of the significant con- draft dioxin reassessment after five years of Senate. Prior to finalizing this rule, the cerns which exist regarding the limited ca- considering recommendations from its Agency is strongly encouraged to consider pacity of EPA’s preferred alternative, the Science Advisory Board (SAB). The SAB’s fully the GAO’s findings. lack of available land on which future capac- November 1995 Report noted numerous weak- The conferees note with disappointment ity could be constructed, and its inadequacy nesses in the risk characterization and dose- that the Agency has not solicited public in addressing increasing future cross-border response chapters of the 1994 draft reassess- comment regarding scientific community sewage flows in the region. Finally, the con- ment and directed EPA to ensure that its recommendations for exemptions from the ferees note there is at least one private sec- conclusions were based on a more complete 1994 proposed rule regarding so-called ‘‘plant tor proposal to construct in Mexico similar consideration of available scientific studies. pesticides.’’ The conferees urge EPA to so- secondary facilities which would have con- The conferees commend EPA for convening licit and consider public comment regarding siderably greater potential capacity better a peer review panel to assess two key sec- such recommendations before completion of suited to the long term sewage treatment tions of the revised reassessment prior to a the ‘‘plant pesticide’’ rulemaking. EPA’s needs of the rapidly growing border region. second SAB review. The conferees are con- failure to consider such exemptions timely is The conferees are encouraged by the cerned, based on the report of this peer re- not a basis for promulgation of an over- progress of separate authorizing legislation view panel, that EPA’s key conclusions re- reaching final rule. now pending before the Congress which garding dioxin risks remain controversial The conferees fully expect the Agency to would facilitate such a proposal, as well as and do not completely address questions follow through on its current commitment the growing level of documented support for raised by the SAB in 1995. to the Sustainable Industry program. The such a proposal by Mexican leaders. The con- The conferees understand that Congres- program’s success thus far with the metal ferees thus continue to believe that it would sional science and agriculture committees finishing industry has focused on collabora- be inappropriate to lift the cap at this time have called for a SAB review of the full tion rather than confrontation with indus- or to permit construction of a limited capac- dioxin reassessment, including all new infor- try, improved EPA understanding of indus- ity secondary treatment facility at the H10118 CONGRESSIONAL RECORD — HOUSE October 18, 2000 IWTP which would not meet long-term sew- to initiate or order the use of dredging or receiving governmental entity has estab- age treatment needs. The conferees urge invasive remedial technologies where a final lished an enforceable ordinance or rule EPA to continue working with the IBWC, plan has not been adopted prior to October 1, which prevents the development or construc- State Department, and its counterparts in 2000 or where such activities are not now oc- tion of any additional colonia areas, or the Mexico to encourage and develop such a via- curring until the NAS report has been com- development within an existing colonia of ble proposal in a timely manner. pleted and its findings have been properly any new home, business, or other structure OFFICE OF INSPECTOR GENERAL considered by the Agency. As in previous which lacks water, wastewater or other nec- years, exceptions are provided for voluntary essary infrastructure. Appropriates $34,094,000 for the Office of In- Of the funds provided for the United spector General as proposed by the Senate agreements and for urgent cases where con- taminated sediment poses a significant States-Mexico Border Program, $3,500,000 is instead of $34,000,000 as proposed by the for the El Paso-Las Cruces sustainable water House. In addition to this appropriation, threat to public health. In adopting this direction to the Agency, project, $2,000,000 is for the Brownsville, $11,500,000 is available to the OIG by transfer the conferees do not intend to prevent EPA Texas water supply project, $1,000,000 is for from the Hazardous Substance Superfund ac- from publishing, issuing, or taking public the Del Rio/San Felipe Springs Water Treat- count. comment on specific proposed or draft reme- ment Plant, and $3,000,000 is for upgrades and BUILDINGS AND FACILITIES diation plans; but do encourage the Agency expansion of the Nogales International Appropriates $23,931,000 for buildings and to take into account the NAS study when Waste Treatment Plant, replacement of the facilities as proposed by the House instead of available as it goes through the above proc- International Outfall Interceptor, and re- $23,000,000 as proposed by the Senate. ess. However, any such plans are not to be fi- placement of sewer infrastructure facilities of the City of Nogales. Of the funds provided HAZARDOUS SUBSTANCE SUPERFUND nalized until June 30, 2001 or until the Agen- for rural and Alaska Native villages, (INCLUDING TRANSFERS OF FUNDS) cy has properly considered the NAS report, whichever comes first. $2,000,000 is for training and technical assist- Appropriates $1,270,000,000 for hazardous ance. The State of Alaska must also provide substance superfund as proposed by the LEAKING UNDERGROUND STORAGE TANK a 25 percent match for all expenditures House instead of $1,400,000,000 as proposed by PROGRAM through this program. the Senate. Bill language provides that Appropriates $72,096,000 for the leaking un- The conferees agree that the $335,740,000 $635,000,000 of the appropriated amount is to derground storage tank program as provided provided to communities or other entities be derived from the Superfund Trust Fund, by the Senate instead of $79,000,000 as pro- for construction of water and wastewater while the remaining $635,000,000 is to be de- posed by the House. treatment facilities and for groundwater pro- rived from General Revenues of the Treas- OIL SPILL RESPONSE tection infrastructure shall be accompanied by a cost-share requirement whereby 45 per- ury. Additional language (1) provides for a Appropriates $15,000,000 for oil spill re- cent of a project’s cost is to be the responsi- transfer of $11,500,000 to the Office of Inspec- sponse as provided by both the House and the bility of the community or entity consistent tor General; (2) provides for a transfer of Senate. $36,500,000 to the Science and Technology ac- with long-standing guidelines of the Agency. count; and (3) provides that $100,000,000 of the STATE AND TRIBAL ASSISTANCE GRANTS These guidelines also offer flexibility in the appropriated amount shall not become avail- Appropriates $3,628,740,000 for state and application of the cost-share requirement for able for obligation until September 1, 2001. tribal assistance grants instead of those few circumstances when meeting the 45 The conferees note that funds for the $3,176,957,000 as proposed by the House and percent requirement is not possible. The Agency for Toxic Substances and Disease $3,320,000,000 as proposed by the Senate. Bill Agency is commended for its past efforts in Registry and for the National Institute of language specifically provides $1,350,000,000 working with communities and other enti- Environmental Health Sciences have been for Clean Water State Revolving Fund (SRF) ties to resolve problems in this regard, and provided in new, separate accounts elsewhere capitalization grants, $825,000,000 for Safe the conferees expect this level of effort and in this Act instead of through the Environ- Drinking Water SRF capitalization grants, flexibility to continue throughout fiscal year mental Protection Agency as has been done $75,000,000 for the United States-Mexico Bor- 2001. The distribution of funds under this in previous years. der program, $35,000,000 for grants to address program is as follows: The conferees have agreed to the following drinking water and wastewater infrastruc- 1. $2,100,000 for the Jasper, Alabama sewer fiscal year 2001 funding levels: ture needs in rural and native Alaska, extension project. 1. $914,800,000 for Superfund response/clean- $1,008,000,000 for categorical grants to the 2. $900,000 for the Scottsboro, Alabama up actions. states and tribes, and $335,740,000 for grants drinking water project. 3. $3,000,000 for the Thomasville, Alabama 2. $140,000,000 for enforcement activities. for construction of water and wastewater water facility project. treatment facilities and for groundwater pro- 3. $139,500,000 for management and support. 4. $350,000 to Winfield, Alabama for sewer tection infrastructure. Of this amount, $11,500,000 is to be provided infrastructure improvements near the Cor- The conferees have included bill language by transfer to the Office of Inspector Gen- ridor X highway. eral. which, for fiscal year 2001 only, authorizes 5. $350,000 to Hamilton, Alabama for water 4. $36,500,000 for research and development the Administrator of the EPA to use funds and sewer infrastructure improvements. activities, to be transferred to the Science appropriated under section 319 of the Federal 6. $1,000,000 to Cullman County, Alabama and Technology account. Water Pollution Control Act (FWPCA) to for a water infrastructure improvements. 5. $39,200,000 for reimbursable interagency make grants to Indian tribes pursuant to 7. $150,000 to the Fayett County Water activities, including $28,500,000 for the De- section 319 (h) and 518 (e) of FWPCA. In addi- Board in Alabama for drinking water system partment of Justice, $650,000 for OSHA, tion, bill language has been adopted by the enhancements. $1,100,000 for FEMA, $2,450,000 for NOAA, conferees to permit states to include as prin- 8. $60,000 to Winston County, Alabama to $5,500,000 for the Coast Guard, and $1,000,000 cipal amounts considered to be the cost of complete Phase I of the Houston-Moreland for the Department of the Interior. administering SRF loans to eligible bor- water project. 6. The Brownfields program has been fund- rowers, with certain limitations. 9. $1,000,000 to Shelby County, Alabama for ed at the budget request level of $91,600,000, The conferees have further agreed to in- water infrastructure improvements. which includes funding from various pro- clude bill language which resolves in favor of 10. $1,000,000 to the City of Huntsville, Ala- grams within this account and the Environ- the grantee two disputed grants, docket bama for water and wastewater infrastruc- mental Programs and Management account. numbers C–180840–01, C–180840–04, C–470319–03, ture improvements. The Agency is directed to notify the Com- and C–470319–04; as well as language carried 11. $1,000,000 to the City of Hartselle, Ala- mittees on Appropriations of the House and in previous years’ Acts which stipulates that bama for wastewater infrastructure improve- Senate of any non-ATSDR resources to be none of the funds in this or any previous Act ments. 12. $1,000,000 to Morgan County, Alabama devoted to the Libby, Montana medical mon- may be used by the Administrator for health for wastewater infrastructure improvements itoring program and related activities. effects studies on drinking water contami- at the Sherbrooke Sanitary Sewer System. The conferees remain concerned regarding nants. As in past years, funds for such stud- 13. $500,000 to the Limestone County Water the Agency’s plans to conduct certain dredg- ies have been provided in other EPA ac- and Sewer Authority in Alabama for waste- ing or invasive remediation technology ac- counts. In addition, language requested in water infrastructure improvements. tivities while these matters remain under the budget submission has been included 14. $250,000 to the City of Rogersville, Ala- study by the National Academy of Sciences which permits the Administrator to reserve bama for wastewater infrastructure improve- (NAS). The pending NAS study is addressing up to 11⁄2 percent of the funds appropriated ments. dredging, capping, source control, natural re- for the SRF under Title VI of the Federal 15. $250,000 the City of Triana, Alabama for covery, and disposal of contaminated sedi- Water Pollution Control Act for grants wastewater infrastructure improvements. ments, and is comparing the risks of each under section 518 (c) of the Act. 16. $3,000,000 for the State of Alaska De- technology. The NAS expects to submit its Finally, the conferees have included lan- partment of Environmental Conservation draft report of this study during Fall 2000 guage which stipulates that no funds pro- groundwater remediation project near the and the conferees strongly encourage the vided in this Act to address water infrastruc- Kenai River. The match requirement can be NAS to issue a final report no later than ture needs of colonias within the United met with non-Federally funded pre-award ex- January 2001. Accordingly, the conferees States along the U.S.-Mexico border shall be penditures by the State of Alaska for this continue to direct the EPA to take no action made available after June 1, 2001 unless the project. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10119 17. $2,200,000 for water and sewer improve- 45. $1,000,000 to the Council of Governments Wood Dale water and wastewater infrastruc- ments in the North Star Borough, Alaska. of the Central Naugatuck Valley, Con- ture improvements. 18. $1,100,000 for water and sewer improve- necticut for water and sewer improvements 75. $1,400,000 to Prospect Heights, Illinois ments in Whittier, Alaska. in the Naugatuck Valley. for construction of a new drinking water 19. $2,200,000 for water and sewer improve- 46. $1,000,000 to Lewes, Delaware to con- conveyance system. ments in Sitka, Alaska. struct pump stations, force mains, storage 76. $1,000,000 for the Village of Johnsburg, 20. $2,500,000 for the Water Infrastructure lagoons and spray irrigation facility. Illinois wastewater treatment project. Finance Authority of Arizona (WIFA) for a 47. $1,200,000 for the West Rehoboth Expan- 77. $3,440,000 to the Metropolitan Water loan to Pima County, Arizona for waste- sion of the Dewey Beach Sanitary District, Reclamation District in Chicago, Illinois for water treatment facility improvements. Delaware. continued development of the tunnel and res- WIFA may lend the funds directly to Pima 48. $15,000,000 to the Florida Department of ervoir project (TARP). County or use the funds to support bonds to Environmental Protection for the Tampa 78. $550,000 to the City of Liberty, Indiana fund loans to Pima County and other Ari- Bay, Florida regional reservoir infrastruc- for the Waterworks System Improvement zona communities on Arizona’s SRF priority ture project. Project. list. Pima County and other benefiting com- 49. $1,700,000 to the City of Tallahassee, 79. $1,000,000 to Evansville, Indiana for in- munities, if any, shall repay loans to Arizo- Florida for improvements to the stormwater frastructure development of the Pigeon na’s SRF. drainage system. Creek Enhancement project. 21. $750,000 to Gila County, Arizona for 50. $900,000 to the City of West Palm Beach, 80. $1,000,000 to West Lafayette, Indiana for water infrastructure improvements in the Florida for completion of wetlands-based in- infrastructure improvements associated with Kellner and Ice House Canyon areas. direct potable water and wastewater reuse the development of a new business district. 22. $450,000 to Barling, Arkansas for water program. 81. $1,000,000 to Mason City, Iowa for con- infrastructure development and engineering 51. $1,325,000 to the City of Opa-locka, Flor- struction of a new water treatment facility. studies for future water and sewer improve- ida for wastewater and sewer infrastructure 82. $3,250,000 for Clinton, Iowa to separate ments. improvements. storm and sewage systems. 23. $2,000,000 to San Diego, California for 52. $2,325,000 to the City of North Miami 83. $2,000,000 to Wichita, Kansas for water the Coastal Low Flow Storm Drain Diversion Beach, Florida for wastewater and sewer in- and wastewater infrastructure improve- Project. frastructure improvements in the Highland ments. 84. $500,000 to Clark County, Kentucky for 24. $1,500,000 to the Mission Springs Water Village Neighborhood. District in California to protect groundwater 53. $1,500,000 to Sarasota Bay, Florida for the WMU head works facility. 85. $500,000 to upgrade the wastewater in- in the City of Desert Hot Springs. wastewater infrastructure improvements frastructure facilities in Cynthiana, Har- 25. $2,650,000 to Olivenhain Municipal necessary to reduce effluent discharge into Water District in California for continued rison County, Kentucky. the Bay. 86. $300,000 to the Bluegrass Area Develop- construction of a water treatment plant. 54. $1,000,000 to the Escambia County Utili- ment District in Kentucky for a regional 26. $1,000,000 for the Cutler-Orosi Waste- ties Authority in Florida for extension of the water treatment feasibility study. water JPA for a wastewater treatment plant sanitary sewer collection system. 87. $200,000 to Scott County, Kentucky for serving Cutler, Orosi, East Orosi, and Sul- 55. $1,500,000 for the Homosassa Regional construction of a water tower. tana, California. Wastewater Project in Citrus County, Flor- 88. $500,000 to Madison County, Kentucky 27. $1,000,000 for wastewater infrastructure ida. for sewer infrastructure improvements. improvements at the Placer County, Cali- 56. $1,000,000 to Paulding County, Georgia 89. $100,000 to Mercer County, Kentucky for fornia Subregional Wastewater Treatment for the Richland Creek Reservoir Project. drinking water system enhancements. Plant. 57. $1,000,000 to the City of Roswell, Geor- 90. $500,000 to the East Casey County Water 28. $1,900,000 to the Metropolitan Water gia for infrastructure development and im- District, Kentucky for water and wastewater District of Southern California for the De- provements of the Big Creek Watershed infrastructure improvements. salination Research and Innovation Partner- Demonstration Project. 91. $1,000,000 for the Northern Kentucky ship. 58. $700,000 to the Toombs County Develop- Area Development District for the expansion 29. $1,500,000 to Lomita, California to up- ment Authority in Georgia to provide water of the Carrollton, Kentucky Regional Waste- grade water reservoir infrastructure. and wastewater infrastructure improve- water Treatment Plant. 30. $600,000 for the continuation of a water ments. 92. $1,000,000 to Pike County, Kentucky for reuse nitrate treatment demonstration 59. $1,900,000 to Big Haynes Creek, Georgia water and wastewater infrastructure im- project in Yucca Valley, California. for continued work on the basin stormwater provements. 31. $500,000 for continuation of water infra- retention and reuse project. 93. $1,000,000 to Lawrence County, Ken- structure improvements in Twentynine 60. $500,000 for the Waimea Wastewater tucky for water and wastewater infrastruc- Palms, California. Treatment Plant Interim Expansion in the ture improvements. 32. $850,000 for the continuation of water County of Kauai, Hawaii. 94. $400,000 to Christian County, Kentucky infrastructure improvements in the Yucaipa 61. $1,000,000 for Burley, Idaho sewer sys- for water and wastewater infrastructure im- Valley Water District in Yucaipa, California. tem improvement project. provements. 33. $1,300,000 for the Lower Owens River 62. $2,300,000 for Granite Reeder, Idaho 95. $300,000 to the Crittenden-Livingston Project in Inyo County, California ($900,000) Water and Sewer District sewer system con- Regional Water System in Kentucky for the and in the City of Los Angeles ($400,000). struction. improvement of water distribution facilities. 34. $500,000 for storm and wastewater drain- 63. $1,500,000 for the McCall, Idaho water 96. $400,000 to Madisonville, Kentucky for age and infrastructure improvements in the plant improvement project. sewer system improvements. City of Yucaipa, California . 64. $500,000 to Burley, Idaho for water and 97. $300,000 to Centertown, Kentucky for 35. $1,000,000 to San Clemente, California wastewater infrastructure improvements. sewer system improvements. for the storm drainage management and 65. $750,000 to the City of Hailey, Idaho for 98. $3,000,000 for Logan/Todd, Kentucky Re- pilot program implementation. water and wastewater infrastructure im- gional Water Commission for water system 36. $1,750,000 to Carlsbad, California for the provements. improvements. Encina Basin Recycled Water System. 66. $750,000 to the City of Glenns Ferry, 99. $1,000,000 to the City of Monroe, Lou- 37. $1,000,000 to San Joaquin County, Cali- Idaho for the Glenns Ferry Water Improve- isiana for water and wastewater infrastruc- fornia to rehabilitate water, sewer, storm ment Project. ture improvements. drains, and surface infrastructure in East 67. $500,000 to Burr Ridge, Illinois for a san- 100. $800,000 to the East Baton Rouge Par- Stockton. itary sewer improvement project. ish, Louisiana for water and wastewater in- 38. $1,250,000 to Huntington Beach, Cali- 68. $400,000 to Earlville, Illinois for a new frastructure improvements. fornia for wastewater and sewer infrastruc- wastewater treatment facility. 101. $600,000 to the Town of Livingston, ture improvements. 69. $250,000 to Maple Park, Illinois for Louisiana to expand the town’s water sys- 39. $1,000,000 for the City of Sacramento, wastewater infrastructure improvements. tem. California combined sewer overflow project. 70. $1,750,000 to North Aurora, Illinois for 102. $100,000 to Iberville Parish, Louisiana 40. $1,000,000 for the City of Vallejo, Cali- construction of water treatment and waste- for water and sewer infrastructure improve- fornia for a sanitary sewer system at Mare water treatment facilities. ments. Island. 71. $1,000,000 to West Chicago, Illinois for 103. $1,000,000 to Shreveport, Louisiana to 41. $100,000 for wastewater and groundwater construction of water treatment and waste- address infrastructure and storage problems infrastructure improvements in Murrieta, water treatment facilities. affecting water quality as identified in a re- California. 72. $1,750,000 to Dixon, Illinois for construc- cent study. 42. $500,000 for Eureka, California for work tion of water treatment and wastewater 104. $1,400,000 to St. Bernard Parish, Lou- on the Martin Slough Interceptor. treatment facilities. isiana for water and wastewater infrastruc- 43. $2,000,000 for the City of Montrose, Colo- 73. $1,900,000 to Bloomington, Illinois for ture improvements. rado sewage treatment upgrade. construction of water treatment and waste- 105. $1,200,000 to Iberia Parish, Louisiana 44. $1,500,000 for the New Britain Water De- water treatment facilities. for water and wastewater infrastructure im- partment in Connecticut for wastewater in- 74. $350,000 to DuPage County, Illinois for provements in the City of Iberia ($1,000,000) frastructure improvements. the Village of Bensenville and the City of and to the City of Jeanerette ($200,000). H10120 CONGRESSIONAL RECORD — HOUSE October 18, 2000 106. $100,000 to St. John Parish, Louisiana 135. $3,000,000 for the Lockwood, Montana 165. $8,000,000 for drinking water infrastruc- for water and wastewater infrastructure im- wastewater collection system and waste- ture needs in the New York City Watershed. provements. water treatment and disposal system. 166. $1,350,000 for extension and construc- 107. $50,000 to Ascension Parish, Louisiana 136. $2,000,000 for the City of Belgrade, Mon- tion of water infrastructure in Union Coun- for water and wastewater infrastructure im- tana wastewater collection, treatment and ty, North Carolina. provements. disposal system. 167. $650,000 for water and wastewater in- 108. $100,000 to Plaquemines Parish, Lou- 137. $1,000,000 for West Valley, Montana frastructure improvements in Stanly Coun- isiana for water and wastewater infrastruc- water and sewer development. ty, North Carolina. ture improvements. 138. $1,000,000 for water and wastewater in- 168. $2,000,000 to the North Carolina Rural 109. $1,000,000 for the Corinna, Maine sewer frastructure needs of the Moapa Valley, Ne- Economic Development Center for water and upgrade. vada Water District. wastewater treatment planning. 110. $4,600,000 for biological nutrient re- 139. $1,000,000 to Omaha, Nebraska for com- 169. $1,500,000 to Henderson County, North moval on the eastern shore of Maryland, in- bined sewer overflow infrastructure improve- Carolina for sewer line connections and im- cluding $2,000,000 to the City of Crisfield; ments. provements. $1,800,000 for the City of Fruitland; and 140. $2,000,000 to Nashua, New Hampshire 170. $1,000,000 to Rosman, North Carolina $800,000 for the Somerset County Sanitary for combined sewer overflow infrastructure for facility repairs to the current wastewater District for Princess Anne. improvements. treatment facility and engineering plans for 111. $2,000,000 for Bristol County, Massa- 141. $300,000 for Lebanon, New Hampshire a new facility. chusetts, wastewater projects. combined sewer overflow elimination 171. $500,000 to Rutherford County, North 112. $1,000,000 for the Massachusetts Water project. Carolina for repairs to water and sewer lines Resources Authority’s combined sewer over- 142. $400,000 for the Newmarket, New in Lake Lure, Spindale and Chimney Rock, flow control plan. Hampshire outflow discharge pipe. North Carolina. 113. $1,000,000 for water and wastewater in- 143. $2,000,000 for the Berlin, New Hamp- 172. $3,000,000 for Grand Forks, North Da- frastructure improvements in Taunton, Mas- shire water works improvement project. kota water treatment plant. sachusetts. 144. $1,500,000 for the City of Elizabeth, New 173. $1,800,000 to the City of Toledo, Ohio 114. $2,000,000 for St. Clair Shores, Michi- Jersey combined sewer overflow abatement for Secor Garden infrastructure improve- gan combined sewer overflow correction project. ments ($1,400,000) and for Erie Street Market project. 145. $1,500,000 for the City of Carteret, New water and wastewater infrastructure im- 115. $1,000,000 to Bad Axe, Michigan for con- Jersey combined sewer overflow improve- provements ($400,000). tinued drinking water infrastructure im- ments. 174. $300,000 to the City of Oregon, Ohio for provements. 146. $2,500,000 to the Musconetcong Sewer- extension of water and wastewater infra- 116. $1,500,000 to Port Huron, Michigan for age Authority in New Jersey to assist the structure. 175. $300,000 to Lucas County, Ohio for the water and wastewater infrastructure im- plant in accommodating sewage from Hopat- Jerusalem Township water and wastewater provements. cong and Jefferson Township. 117. $500,000 to Mt. Clemens, Michigan for 147. $800,000 to the Ocean County Utilities infrastructure improvements. 176. $200,000 to Swanton Township, Ohio for water and wastewater infrastructure im- Authority in New Jersey for reimbursement the Bittersweet Farms/Camp Courageous In- provements. of the completed Crestwood Interceptor frastructure project. 118. $1,000,000 to Higgins Lake, Michigan project. 177. $75,000 to Fulton County, Ohio for the for a wastewater treatment program. 148. $1,700,000 to Las Cruces, New Mexico Village of Lyons Sanitary Sewer Project. 119. $1,500,000 to Grand Rapids, Michigan for improvements to the wastewater collec- 178. $825,000 to Wood County Regional for combined sewer overflow infrastructure tion and treatment facilities. Water and Sewer District in Ohio for the improvements for the National Pollutant 149. $500,000 to Village Bosque Farms, New Owens-Walbridge-Plumey Roads Sanitary Discharge Elimination System. Mexico for water and wastewater infrastruc- Sewer Project ($325,000); for the Village of 120. $2,000,000 for continuation of the Rouge ture improvements. Millbury Infiltration Inflow project River National Wet Weather Demonstration 150. $1,000,000 to Silver City, New Mexico ($250,000); and for water and wastewater in- Project. for water and wastewater infrastructure im- frastructure improvements in the Village of 121. $800,000 to Oakland County, Michigan provements. Walbridge ($250,000). for infrastructure improvements within the 151. $4,380,000 for North and South Valley of 179. $1,650,000 for the Doan Brook Water- George W. Kuhn Drainage District. the City of Albuquerque and the county of shed Area in Ohio for continued development 122. $1,000,000 for water system infrastruc- Bernalillo, New Mexico regional water and of a storm water abatement system. ture improvements in Jackson, Mississippi. wastewater system improvements. 180. $1,500,000 to Beach City, Ohio for a 123. $1,500,000 to the City of Picayune, Mis- 152. $990,000 for Corrales, New Mexico cen- wastewater infrastructure improvement sissippi for water and wastewater infrastruc- tralized water and wastewater treatment project. ture improvements. system. 181. $2,875,000 for Dunlap Reservoir and re- 124. $1,300,000 to Tupelo, Mississippi for 153. $830,000 for Los Lunas, New Mexico lated infrastructure upgrades, and phase I water infrastructure needs. wastewater system upgrade. and II wastewater treatment plant improve- 125. $3,000,000 for the DeSoto County, Mis- 154. $750,000 for Clovis, New Mexico waste- ments for the city of Washington Court sissippi comprehensive water and wastewater water treatment system repair. House, Ohio. management project. 155. $750,000 to the Village of Morrisville, 182. $875,000 for sewer infrastructure up- 126. $1,000,000 for the City of Pearl, Mis- New York for the construction of a waste- grades for the villages of DeGraff and Quin- sissippi wastewater collection rehabilitation. water treatment system. cy, Ohio. 127. $3,000,000 for Jefferson County, Mis- 156. $1,400,000 to Genesee County, New York 183. $250,000 for water and sewer infrastruc- sissippi water and sewer infrastructure for Phase I of the Public Water Supply Pro- ture upgrades for the City of Springfield, needs. gram. Ohio. 128. $1,000,000 for West Rankin Metropoli- 157. $14,000,000 for continued clean water 184. $1,650,000 to Norman, Oklahoma for ex- tan Sewer Authority to develop alternative improvements for Onondaga Lake, New panding existing wastewater treatment fa- water and wastewater systems for Rankin York. cilities. County, Mississippi. 158. $2,500,000 to the City of Auburn, New 185. $1,000,000 to Hood River, Oregon for 129. $6,500,000 for St. Louis and Kansas York for the Auburn Municipal Water Filtra- water and wastewater infrastructure im- City, Missouri for the Meramec River en- tion Plant and Water Reservoir. provements. hancement and wetlands protection project 159. $3,000,000 to Wayne County, New York 186. $750,000 to Hermitage, Pennsylvania for ($3,500,000) and the Central Industrial Dis- for Phase I of the Wayne County wastewater the Pine Hollow Pump Station upgrade and trict wastewater project ($3,000,000). treatment facility improvements. forcemain replacement. 130. $100,000 for Allendale, Missouri waste- 160. $500,000 to Onondaga County, New 187. $750,000 to Sharon, Pennsylvania for water infrastructure improvements. York for water and wastewater infrastruc- storm and sanitary sewer projects repairs. 131. $900,000 for Nodaway County, Missouri ture improvements in the Village of Minoa. 188. $1,000,000 to Washington County, Penn- wastewater needs, including the commu- 161. $350,000 to Onondaga County, New sylvania for construction of wastewater in- nities of Pickering and Ravenwood. York for drainage improvements in the Town frastructure improvements in Cecil Town- 132. $500,000 to Holt County, Missouri for of Onondaga for Nedrow. ship. water and wastewater infrastructure im- 162. $300,000 to Onondaga County, New 189. $2,000,000 to Lincoln Township in Som- provements including the communities of York for drainage improvements in the Vil- erset County, Pennsylvania for water and Mound City and Craig. lage of Marcellus. wastewater infrastructure improvements. 133. $2,000,000 to Jefferson County, Missouri 163. $500,000 to the Town of Clarence, New 190. $500,000 to Monroe County, Pennsyl- for water and wastewater infrastructure im- York for construction of a sanitary sewer vania for sewer and water infrastructure im- provements. system. provements. 134. $700,000 to the City of Byrnes Mill, Mis- 164. $300,000 to the Village of McGraw, New 191. $500,000 to Wayne County, Pennsyl- souri for water and wastewater infrastruc- York for the replacement of a water storage vania to upgrade and renovate a sewer sys- ture improvements. tank. tem in the Borough of Honesdale. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10121 192. $1,000,000 to Lackawanna County, 223. $1,000,000 to Tazewell County, Virginia term needs of the TMDL program. Included Pennsylvania for upgrade of combined sewer for construction of a public wastewater sys- in the total is $2,000,000 for grants to coastal overflow system for the Borough of Moosic tem to serve Bluefield and Divides. states as provided in Senate Report 106–410. ($500,000) and the Borough of Archbald 224. $650,000 to the Smith Mountain Lake 4– No funds have been provided for the new ($500,000). H Education Center in Wirtz, Virginia for Great Lakes Initiative program, and funds 193. $450,000 for water and wastewater in- sewage treatment operation improvements. for the Information Integration Initiative frastructure improvements in Sandy Town- 225. $2,000,000 to Henry County, Virginia for have been provided only in the Environ- ship, Clearfield County, Pennsylvania. the Henry County City of Martinsville’s mental Programs and Management account. 194. $450,000 to Blair County, Pennsylvania water and sewer infrastructure improve- Funds for the new Clean Air Partnership for water and wastewater infrastructure im- ments project. have not been provided by the conferees. provements in Logan Township. 226. $250,000 to Buckley, Washington for Legislation proposed by the Agency to re- 195. $450,000 to the Clearfield Municipal Au- water pipe replacement. quire a 40% cost-share for the section 106 thority in Clearfield County, Pennsylvania 227. $85,000 to the City of Carnation, Wash- grant program has not been approved by the for water and wastewater infrastructure im- ington for the engineering and design of conferees. provements. wastewater treatment plant and collection In the interest of minimizing the need for 196. $450,000 to the Bear Valley, Franklin facilities. additional administrative appeals, judicial County, Pennsylvania Joint Authority for 228. $3,000,000 for the City of Bremerton, review, and legislative remedies relative to water and wastewater infrastructure im- Washington Callow 5 combined sewer over- EPA’s construction grant program, the con- provements. flow project. ferees direct EPA to resolve, equitably and 197. $450,000 to Mifflin County, Pennsyl- 229. $600,000 for the Hoodsport Water Sys- as expeditiously as its resources will allow, vania for water and wastewater infrastruc- tem, Mason County, Washington drinking grantee requests for review or waiver, audit ture improvements in Lewistown Borough. water system improvements. resolutions, and appeals in accordance with a 198. $450,000 to the Bedford Township Mu- 230. $2,000,000 for the Coulee Dam, Wash- specific set of guidelines set forth on page 62 nicipal Authority in Bedford County, Penn- ington water infiltration system. of House Report 106–674. The conferees expect sylvania for water and wastewater infra- 231. $650,000 for the Cowen Public Service this process will eliminate the need for Con- structure improvements. District to provide water and sewer to the gress to resolve specific audit disputes in the 199. $1,000,000 for the Springettsbury, Penn- proposed Cowen Industrial Park in Webster future. The conferees agree that, due to economic sylvania regional sewer project. County, West Virginia. hardship, EPA should not apply the normal 200. $5,000,000 for the Three Rivers Wet 232. $10,200,000 to the Brooke County PSD, cost-share requirements to a grant provided Weather Demonstration project, Allegheny West Virginia for wastewater infrastructure for the Fancy Farm, Kentucky water system County, Pennsylvania. needs in the Eldersville Road, Mahan’s Lane 201. $750,000 for the Pawtucket, Rhode Is- in Public Law 106–74. and Bruin Drive areas. land water treatment plant construction. 233. $3,200,000 to the City of Thomas, West ADMINISTRATIVE PROVISIONS 202. $1,000,000 to the Narragansett Bay Virginia for water infrastructure needs. The conferees have included an adminis- Commission of Rhode Island for the com- 234. $1,500,000 to Huntington, West Virginia trative provision which, for fiscal year 2001 bined sewer overflow control project. and thereafter, provides that the obligated 203. $900,000 to the West Georgetown, South for the Fourpole/Park Sewer project No. 1. 235. $680,000 to the Lake Tomahawk Sani- balances of sums available in multiple year Carolina County Regional Wastewater Treat- tary District, Wisconsin for repayment of appropriations accounts shall remain avail- ment System for construction of a waste- debt on a water treatment conveyance able through the seventh fiscal year after water interceptor transmission system. their period of availability has expired for 204. $1,000,000 for the city of Florence, project. 236. $1,000,000 for Beloit, Wisconsin com- liquidating obligations made during the pe- South Carolina for water and wastewater in- riod of availability. frastructure. bined sewer overflow project. 237. $3,000,000 for Milwaukee, Wisconsin, In addition, an administrative provision is 205. $500,000 for Branchville, South Caro- included which stipulates that, for fiscal lina water distribution system. Metropolitan Sewerage District for contin- ued renovations and repairs to the sewer sys- year 2001, the Administrator, in carrying out 206. $1,000,000 for the City of York, South environmental programs required or author- Carolina water treatment plant upgrade. tem. The conferees have included bill language ized by law in the absence of an acceptable 207. $500,000 for the City of Alcester, South tribal program, may award cooperative which allows the Administrator to use up to Dakota for a wastewater treatment facility. agreements to federally-recognized tribes or 3% of the appropriated amount of each 208. $3,000,000 for Rapid City, South Dakota duly authorized intertribal groups to assist above-listed project to administer the man- to upgrade its water reclamation facility. the Administrator in implementing federal agement and oversight of construction of 209. $4,000,000 for the City of Huron, South environmental programs for tribes required Dakota to upgrade its water treatment facil- such projects through contracts, allocation or authorized by law. Funds designated for ity. to the Corps of Engineers, or grants to the State financial assistance agreements may 210. $1,000,000 to Athens, Tennessee for States. not be used for such cooperative agreements. storm sewer reconstruction and improve- The conferees intend that the non-federal Finally, an administrative provision has ments to the drainage basin. share of the cost of planning, design and con- been included which reinstates the 12–month 211. $500,000 to Clinton, Tennessee for engi- struction of water and wastewater infra- grace period following designation for new neering study and design to address water structure improvements in Bernalillo, New nonattainment areas for the National Ambi- and wastewater system flooding problems. Mexico and in the North and South Valley ent Air Quality Standards originally con- 212. $1,000,000 to Oak Ridge, Tennessee for areas of Albuquerque and Bernalillo County, tained in EPA conformity regulations. the extension of water and sewer infrastruc- New Mexico, may be paid in installments of The conferees direct EPA to implement ture. any amount so long as the entire amount of GPRA to the fullest extent possible. This in- 213. $1,000,000 to Sequatchie County, Ten- the non-federal share is paid by the end of cludes defining its long-term strategic goals nessee for waterline infrastructure improve- the 10–year project period, including fiscal in terms of environmental, health, and other ments. year 2000. Bill language has been included re- outcomes and tracking progress using appro- 214. $1,000,000 to the City of Meridian, garding a grant provided in fiscal year 1999 priate outcomes measures. Such measures Texas for water and wastewater infrastruc- for Cumberland, Maryland clarifying the in- include indicators of health, ecology and ture improvements. tent of this grant. welfare, exposure or body burden or uptake, 215. $1,000,000 for the City of Abilene, Texas Of the amount provided for categorical ambient environmental conditions, dis- water treatment facility. grants, $209,000,000 is for State and local air charges or emissions, and actions and/or re- 216. $1,750,000 to Grand Water and Sewer assistance grants, including $8,000,000 for sec- sponses by regulated parties. Service Agency in Utah for the extension of tion 103 grants to the states to develop re- The conferees recognize that the Agency water and sewer lines to Arches National gional haze programs under title I, part C of may not be able to establish nor measure all Park. the Clean Air Act. It is the intention of the the appropriate outcome measures by the 217. $2,000,000 for Ogden, Utah, water and time of its first Strategic Plan revision after sewer improvements. conferees that these funds be used to aid states in the development of emissions in- 2000. The conferees therefore direct the 218. $4,000,000 for water and wastewater in- Agency to make significant progress in its frastructure improvements in Sandy City, ventories, quantification of natural visi- bility conditions, monitoring and other data first revision after 2000, and in subsequent Utah. revisions to the Strategic Plan. Further, the 219. $1,000,000 for Montgomery, Vermont necessary to define reasonable progress and develop control strategies, and to support conferees call on the Agency to organize and wastewater demonstration project. present performance measures in a manner 220. $2,500,000 for the City of Pownal, the states’ participation in regional efforts to coordinate their strategies, where nec- that makes appropriate use of performance Vermont wastewater treatment project. information supplied by EPA regions and 221. $2,000,000 to Richmond, Virginia for essary, and at the election of the individual states. continued development of combined sewer states. The conferees have also provided overflow improvements. $238,000,000 for section 319 non-point source EXECUTIVE OFFICE OF THE PRESIDENT 222. $2,000,000 to Lynchburg, Virginia for pollution grants and $172,262,300 for section OFFICE OF SCIENCE AND TECHNOLOGY POLICY continued development of combined sewer 106 pollution control grants to, among other Appropriates $5,201,000 for the Office of overflow improvements. things, assist the States in meeting the long- Science and Technology Policy as proposed H10122 CONGRESSIONAL RECORD — HOUSE October 18, 2000 by the Senate instead of $5,150,000 as pro- used for flood map modernization activities eral with additional funds and anticipate posed by the House. in areas which receive Presidential disaster that the duties will require an increase of 8 Public Law 105–261 transferred responsi- declarations, as proposed by the Senate. The FTE. To ensure the independence of the Of- bility for satellite technology export licens- House had proposed that $30,000,000 be trans- fice of Inspector General, funds are provided ing from the Department of Commerce to the ferred from this account to the Flood Map to enable the OIG to support its own admin- Department of State as part of the Inter- Modernization Fund for non-disaster and dis- istrative functions rather than relying on national Traffic in Arms Regulations aster-related flood map modernization. FEMA for support services such as budget (ITAR). An unfortunate and unintended con- The conferees do not agree with the House and accounting, procurement and personnel. sequence of that move has been that univer- proposal to allow up to $50,000,000 of the dis- EMERGENCY MANAGEMENT PLANNING AND sity-based fundamental science and engi- aster relief funds to be obligated for ASSISTANCE neering research, widely disseminated and predisaster mitigation and repetitive loss Appropriates $269,652,000 for emergency unclassified, has become subject to overly property buyouts. The conferees have taken management planning and assistance as pro- restrictive and inconsistent ITAR direction. this action because additional funding was posed by the Senate instead of $267,000,000 as The result has been critical delays in NASA- provided for buyouts and elevation of flood proposed by the House. The conferees agree funded research projects and has forced some damaged properties as part of the fiscal year to include bill language earmarking universities to forgo participation in such 2000 supplemental and these funds are not re- $25,000,000 of the funds provided in this ac- projects. Such research traditionally has quired at this time. count for pre-disaster mitigation activities been excluded from export controls under the The conferees have agreed to include lan- as proposed by the Senate. The House had in- fundamental research exemption. The con- guage in the bill making $3,000,000 from sec- cluded authority to use disaster relief funds ferees find the current situation to be unac- tion 404 hazard mitigation grant funding for this purpose, to be administered through ceptable and direct the Office of Science and available to the State of Florida hurricane the EMPA account. Technology Policy to work jointly with the mitigation initiative in Miami-Dade County, EMERGENCY FOOD AND SHELTER PROGRAM Florida. The conferees recognize that, in National Security Council, in consultation Appropriates $140,000,000 for emergency light of the devastation of Hurricanes Floyd, with the NASA Administrator and the Sec- food and shelter instead of $110,000,000 as pro- Irene, and Dennis to the Southeast United retary of State, to expeditiously issue clari- posed by both the House and Senate. fication of ITAR that ensures that univer- States, resources must be focused on mitiga- sity collaborations and personnel exchanges, tion activities because many communities FLOOD MAP MODERNIZATION FUND which are vital to the continued success of are not adequately prepared to provide local Appropriates no funding for this activity federally-funded research, are allowed to emergency shelter for category 3 or higher in this account. The conferees have included continue as they had under the long-stand- hurricanes. To demonstrate the effectiveness authority within the disaster relief account ing fundamental research exception in the of certain mitigation technologies, the con- to use up to $15,000,000 for post-disaster flood Export Administration Regulations, which ferees direct that a portion of the section 404 map activities in areas which receive Presi- had governed export controls over this tech- hazard mitigation grant funding available to dential disaster declarations. nology when the Department of Commerce the State of Florida be used for a pre-dis- NATIONAL FLOOD INSURANCE FUND had jurisdiction over it. The conferees expect aster hurricane mitigation program initia- (INCLUDING TRANSFER OF FUNDS) this review to be completed within 120 days tive in Miami-Dade County, Florida utilizing The conferees agree to include bill lan- of enactment of this Act. Upon the issuance perforated metal technology employed in guage which authorizes the National Flood of guidance, NASA shall ensure that univer- fixed, passive protection window applica- Insurance Program through December 31, sity principal investigators are fully aware tions as demonstrated through the Miami 2001 instead of September 30, 2001 as proposed of their responsibilities. Wind Shutter Program. by the House and Senate. Without this au- COUNCIL ON ENVIRONMENTAL QUALITY AND The conferees are not in agreement with thorization, new flood insurance policies OFFICE OF ENVIRONMENTAL QUALITY regard to the issue of insurance require- could not be written throughout the fiscal ments for public and non-profit buildings. Appropriates $2,900,000 for the Council on year. In addition, the conferees direct FEMA While the goal of reducing Federal costs as- Environmental Quality and the Office of En- to make $2,000,000 available to the New York sociated with natural disasters is shared by vironmental Quality as proposed by the Department of Environmental Conservation the conferees, there is not agreement on the House and the Senate. The conferees have for initiating the Statewide Flood Plain best way to achieve that goal. The House once again included bill language which pro- Mapping Program. continues to believe that FEMA must ensure hibits CEQ from using funds other than those NATIONAL FLOOD MITIGATION FUND that the concerns of all interested parties appropriated directly under this heading. (INCLUDING TRANSFER OF FUNDS) are taken into consideration and that a de- The Council is expected to implement this tailed cost-benefit analysis must be com- Provides for the transfer of $20,000,000 from provision in a manner consistent with its im- pleted prior to finalizing any rule in this re- the National Flood Insurance Fund to the plementation during fiscal years 1998 and gard. The Senate continues to believe that National Flood Mitigation Fund as proposed 1999. Language has also been included again all relevant information is in hand and that by both the House and Senate. this year which, notwithstanding law, au- a final rule should be promulgated expedi- GENERAL SERVICES ADMINISTRATION thorizes the Council to operate with one tiously. The conferees acknowledge their in- FEDERAL CONSUMER INFORMATION CENTER member, that member acting as chairman of ability to resolve this issue and urge the FUND the Council. Congress to address this issue as part of a Appropriates $7,122,000 for the Federal Con- FEDERAL DEPOSIT INSURANCE CORPORATION comprehensive legislative package. sumer Information Fund as proposed by both OFFICE OF INSPECTOR GENERAL DISASTER ASSISTANCE DIRECT LOAN PROGRAM the House and the Senate. (TRANSFER OF FUNDS) ACCOUNT NATIONAL AERONAUTICS AND SPACE Appropriates $33,660,000 for the Office of In- The conferees agree to provide a limitation ADMINISTRATION spector General as proposed by the Senate of $25,000,000 on direct loans, a cost of The conferees agree with the requirement instead of $33,661,000 as proposed by the $1,678,000 for direct loans, and a limitation of the Senate that NASA must articulate a House. Funds for this account are derived on administrative expenses of $427,000 for the comprehensive agenda and strategy through from the Bank Insurance Fund, the Savings disaster assistance direct loan program ac- a strategic plan for each of NASA’s primary and Loan Association Insurance Fund, and count. The foregoing amounts are the same centers that links staffing, funding re- the FSLIC Resolution Fund, and are there- as proposed by the Senate. The House had sources, mission activities and core com- fore not reflected in either the budget au- proposed a limitation of $19,000,000 on direct petencies in a manner that will ensure each thority or budget outlay totals. loans, a cost of $1,295,000 for direct loans, and primary center will be vested with specific FEDERAL EMERGENCY MANAGEMENT AGENCY a limitation on administrative expenses of responsibilities and activities. Within each $420,000. plan, NASA should identify where a center DISASTER RELIEF SALARIES AND EXPENSES has or is expected to develop the same or (INCLUDING TRANSFER OF FUNDS) similar expertise and capacity as another Appropriates $215,000,000 for salaries and Appropriates $300,000,000 for disaster relief center, including the justification for this expenses as proposed by the Senate instead as proposed by both the House and the Sen- need. The plan should also include a specific of $190,000,000 as proposed by the House. ate. In addition, appropriates $1,300,000,000 in 10–year profile of flight mission elements. emergency funding for disaster relief instead OFFICE OF INSPECTOR GENERAL This profile should identify the primary of $2,609,220,000 as proposed by the Senate. Appropriates $10,000,000 for the Office of In- NASA center responsible for each flight’s The House had proposed no emergency fund- spector General as proposed by the Senate mission management. The profile also should ing. Retains language proposed by the Sen- instead of $8,015,000 as proposed by the articulate clearly the criteria that is used ate authorizing the transfer of $2,900,000 to House. The conferees are in agreement that and/or will be used to permit missions to be EMPA for the consolidated emergency man- the FEMA Inspector General shall also serve built intramurally, as well as the strategy agement performance grant, in lieu of as the Inspector General for the Chemical for using industry and leading academic lab- $5,500,000 as proposed by the House. Safety and Hazard Investigation Board. In oratories for mission development and exe- The conferees agree that up to $15,000,000 of order to fulfill these additional duties, the cution. These plans are to be updated annu- the funds provided in this account may be conferees agree to provide the Inspector Gen- ally, with the first plan to be submitted to October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10123 the Committees on Appropriations of the remain concerned about the impact of full related to the International Space Station, House and Senate by July 31, 2001. For pur- cost accounting on program and financial in- including operational needs as proposed by poses of the foregoing reporting requirement, formation that will be made available to the the Senate. NASA is directed to submit this primary NASA centers shall include the nine Congress through full cost accounting. If the report to the Committees on Appropriations centers and the Jet Propulsion Laboratory program and financial information is deter- of the House and Senate no later than April listed on page AS–21 of the fiscal year 2001 mined to be inadequate, the conferees expect 15, 2001. budget submission. NASA to be able to address the concerns of The conferees do not agree with the Senate The conferees agree that information on the Congress. In addition, the conferees di- requirement for a blueprint plan that identi- the long-term consequences of reprogram- rect NASA to report to the Committees on fies lead and complimentary universities ming and operating plan actions should be Appropriations of the House and Senate on that will coordinate with NASA for science made available to the Committees on Appro- the status of any program or activity that disciplines that will be the focus of research priations of the House and Senate when re- has exceeded its budget plan by 15 percent. after assembly of the ISS is complete. The quested. While the Senate had proposed mak- The report should be provided to the Com- conferees direct NASA to submit a plan to ing the information a requirement to be sub- mittees within 15 days of the date on which the Committees on Appropriations of the mitted with all reprogrammings and oper- NASA has determined that the budget over- House and Senate which includes various ISS ating plans, the conferees recognize that this run has occurred. This report shall include management options. The conferees agree would be a burden on the agency when most the reasons for the budget overrun including that such a plan will give the Congress the of the changes are relatively minor in na- any proposals for the termination or restruc- information it needs in order to determine ture. The conferees expect NASA to be re- turing of the program or activity and the re- what management structure is best and most sponsive whenever such an information re- lated impact on the funding of other pro- able to deliver the benefits of the ISS. The quest is made. grams or activities. Committees on Appropriations will require The conferees agree that NASA should re- HUMAN SPACE FLIGHT this information prior to approving funding port annually on the issue of safeguarding Appropriates $5,462,900,000 for Human for any final agreement. Therefore, the con- sensitive technology as proposed by the Sen- Space Flight instead of $5,472,000,000 as pro- ferees have included an administrative provi- ate. posed by the House and $5,400,000,000 as pro- sion which prohibits the expenditure of any The conferees agree that NASA should not posed by the Senate. The funding level ar- funds prior to December 1, 2001 for finalizing be required to include an accounting of pro- rived at for this account includes a reduction an agreement between NASA and a non gov- gram reserves when addressing a program in of $40,000,000 as proposed by NASA to provide ernment organization to conduct research the initial operating plan or subsequent op- additional funding for the Mars 2003 Lander utilization and commercialization manage- erating plans. The conferees expect NASA to program. This reduction includes $30,000,000 ment activities of the ISS. be able to provide this information when re- from shuttle reserves and $10,000,000 from the For the past several years, the conferees quested by the Committees on Appropria- commercialization and technology program. have expressed dismay at the lack of dedi- tions. Other adjustments follow. cated life and microgravity research mis- The conferees have agreed to delete the The conferees recognize that NASA is obli- sions being flown on shuttle during station general provision, proposed by the House gated to ensure the well-being of astronauts, assembly. This problem is made worse by which would have terminated all NASA-Air who will build the International Space Sta- continuing delay in station assembly, lead- Force joint aeronautics and space-related re- tion (ISS), and live and work there for in- ing to a significant backlog of critical re- search. creasingly longer periods of time. On-orbit search waiting to be flown. The conferees be- The conferees do not agree that NASA stay times beyond 90 days will require imple- lieve it is prudent to plan regular life and should conduct a joint study with the Na- mentation of countermeasures against the microgravity shuttle research missions dur- tional Research Council and the National negative effects of space flight. The basic re- ing station assembly to protect the shuttle Academy of Public Administration on the re- search and countermeasure development will flight rate and to prepare experiments for search and analysis portions of NASA’s pro- be done using the ISS crew members as re- the space station. The conferees therefore di- grams. The conferees urge NASA to take ac- search subjects. This requires establishment rect NASA, within 30 days of enactment of tions to ensure that research and analysis of medical baselines prior to flight, close this Act, to submit a plan to the Committees funding is sufficient to support the goals of monitoring of in-flight changes to the base- on Appropriations of the House and Senate the various programs. line, including the beneficial impacts of the which details a schedule for shuttle research Of the amounts approved in the following countermeasures, and post-flight monitoring missions, beginning after the flight of STS– appropriations accounts, NASA must limit throughout the rehabilitation process. A key 107 and continuing until the space station transfers of funds between programs and ac- objective of NASA’s Bioastronautics Initia- reaches its full research capability. tivities to not more than $500,000 without tive is to re-focus existing NASA biomedical SCIENCE, AERONAUTICS AND TECHNOLOGY prior approval of the Committees on Appro- assets to accomplish this aim more effec- priations of the House and Senate. Further, tively. Appropriates $6,190,700,000 for science, aer- no changes may be made to any account or The conferees understand that NASA has onautics and technology instead of program element if it is construed to be pol- determined that the most effective approach $5,579,600,000 as proposed by the House and icy or a change in policy. Any activity or to ensuring synergy between a strong re- $5,837,000,000 as proposed by the Senate. The program cited in this report shall be con- search program and necessary astronaut amount provided is $261,300,000 above the strued as the position of the conferees and clinical care is to construct a Bioastronau- budget request. The amount provided con- should not be subject to reductions or re- tics Facility at the Johnson Space Center. sists of: programming without prior approval of the The facility will be sited at NASA’s Johnson $2,508,300,000 for space science. Committees on Appropriations of the House Space Center because that is the living and $316,900,000 for life and microgravity and Senate. Finally, it is the intent of the working area of the astronaut corps and the sciences. conferees that all carryover funds in the var- medical support personnel. The facility will $1,498,050,000 for earth sciences. ious appropriations accounts are subject to provide a necessary focal point for human $1,253,150,000 for aero-sapce technology. the normal reprogramming requirements health care delivery, research, and education $529,400,000 for space operations. outlined above. for Space Medicine and Research. The re- $134,000,000 for academic programs. The conferees recognize that personnel search capabilities provided in this facility $49,100,000 as a general reduction. management at an agency such as NASA is will be consistent with the NASA analysis of In reaching the amount of $6,190,700,000 ap- difficult and note that the Congress has pro- research requirements. This facility will en- propriated for science, aeronautics and tech- vided authority in the past for NASA to offer able access to all peer reviewed researchers, nology, the conferees have included only incentives to employees as a way to reduce including universities across the country, $8,000,000 for space solar power, $20,000,000 for the agency’s overall workforce. The chal- NASA, NIH, and NSBRI, to carry out their commercial remote sensing data buys, lenge NASA now faces is to ensure that the science in a symbiotic laboratory setting and $20,000,000 for quiet aircraft technology, proper skill mix is in place at the various accomplish their goals. $10,000,000 for the EPSCoR program, and NASA Centers. To accomplish this task, The conferees agree to provide $3,000,000 to $19,100,000 for space grant colleges designated NASA has proposed a continuation of its cur- complete the facility design effort, and that under section 208 of the National Space rent buyout authority with modifications a design/build approach is being baselined to Grant College and Fellowship Act. which allow the agency to retain the same ensure timely completion of the facility. The The conferees recognize the efforts of number of full-time equivalent personnel, conferees further understand that initial NASA, particularly Goddard Space Flight while offering incentives to achieve a work- construction funding could be required in fis- Center, in developing comprehensive pro- force reduction in skill areas where an excess cal year 2001 if the design is completed as grammatic and operations plans for the Inde- exists. The conferees agree to provide NASA planned by mid–2001, and direct NASA to pendent Verification and Validation Facility with this authority for two years and have submit an Operating Plan notification to the and in confirming the Facility’s agency-wide included the necessary statutory authority Committees on Appropriations of the House role in software reliability. The conferees as a general provision of the bill. and Senate at that time to identify construc- further recognize NASA’s increased commit- The conferees agree to include the House tion funds within ISS resources. ment to IV&V as a mission critical activity, provision on NASA full cost accounting in- The conferees agree that NASA should de- as evidenced by the increase in funding (to stead of the Senate provision. The conferees velop a 10–year plan for all research efforts $40,000,000 for fiscal year 2001) dedicated to H10124 CONGRESSIONAL RECORD — HOUSE October 18, 2000 IV&V activities. The conferees expect NASA the procurement strategy and the conferees The conferees take seriously their respon- to report to the Committees on Appropria- are confident that NASA will take into con- sibility to oversee the activities of the var- tions of the House and Senate by May 1, 2001 sideration the recommendations of the In- ious Departments and Agencies and feel the regarding progress on development of the Fa- spector General with regard to this program, direction provided by the Congress in the cility, its role within NASA and the degree as well as the recommendations of the Ap- Statement of Managers accompanying the to which new and related software initiatives plied Physics Laboratory and NASA. The Conference Report for prior fiscal years have been implemented. conferees agree with the direction of the should be implemented without fail. It has SPACE SCIENCE Senate that NASA should submit a long- come to the attention of the conferees that this has not been the case with the imple- The conferees have agreed to provide term plan to create a resilient Sun-Earth mentation of direction contained in the fis- $2,508,300,000 for space science programs. In- Connection program and that the report cal year 2000 Appropriations Act and accom- cluded in this amount is $75,000,000 for the should be submitted by February 15, 2001. panying Statement of Managers. For this Mars 2003 Lander program as proposed by The conferees agree that the cost of the reason, the conferees agree with the Senate NASA in communications with the conferees Hubble Wide Field Camera 3 should have a cost cap of $75,500,000 as proposed by the Sen- proposal to suspend the authority of the Of- subsequent to submission of the budget. Of fice of Earth Science to reprogram any funds this amount, $2,000,000 is to be financed with- ate. The conferees do not agree that cost in- creases associated with the Hubble Servicing in fiscal year 2001 unless specifically author- in the space science account; $7,000,000 is to ized by the Committees on Appropriations of be derived from the life and microgravity ac- Mission should be allocated to the Human Space Flight account. Instead, the conferees the House and Senate. count; $20,000,000 is to be derived from the The conferees direct NASA to report to the aeronautics and space technology account; direct NASA to provide a report to the Com- mittees on Appropriations of the House and Committees on Appropriations of the House $6,000,000 is to be derived from the mission and Senate, by March 15, 2001 with a ten-year support account; and $40,000,000 is to be de- Senate on the policy for allocating cost in- creases which are associated with launch or strategy and funding profile to extend the rived from the human space flight account. benefits of Earth science, technology and Prior conference agreements have directed payload delays and the rationale for the pol- icy. The report should be provided no later data results beyond the traditional science NASA to establish a goal of competitively community and address practical, near-term selecting 75 percent of space science ad- that March 31, 2001. The conferees agree to the following problems. This strategy should incorporate vanced technology funding. Based upon this fully the unique data, data products and direction, NASA recently released an open changes to the budget request: 1. An increase of $1,500,000 for Ohio Wes- services available from U.S. companies. research announcement in the Cross-Enter- leyan University for infrastructure needs. NASA is also directed to develop, with uni- prise Technology Development Program 2. An increase of $1,500,000 for the Center versities, existing Applications Centers, such (CETDP) that resulted in an impressive re- for Space Sciences at Texas Tech University, as ARCs and RESACs, NASA Field Centers, sponse of over 1200 proposals competing for Lubbock, Texas. and other cognizant Federal agencies, mech- $40,000,000 in funding. The conferees are 3. An increase of $8,000,000 for space solar anisms through which current public and aware that NASA was only able to award power. private remote sensing and related tech- funding for 8 percent of the proposals and 4. An increase of $5,000,000 for the STEP- nologies will be made readily available to that a 92 percent disapproval rate is frus- AirSEDS tether propulsion program. state and local governments, public agencies trating to the university community and in- 5. An increase of $2,500,000 for the Hubble and private organizations for applications in dustry partners. In addition, the conferees telescope project to initiate a Composites agriculture, flood mapping, forestry, envi- note that NASA has expressed concern that Technology Institute in Bridgeport, West ronmental protection, urban planning and the diversion of a high percentage of funds to Virginia. other land-use issues. open solicitations is contributing to a loss of 6. An increase of $3,500,000 for a center on The Vegetation Canopy LIDAR Project needed ‘‘core competencies’’ in technology at life in extreme thermal environments at (VCL), the first NASA Earth Systems Path- the NASA field centers. NASA, on the Montana State University, Bozeman. finder Mission, is designed to provide a glob- CETDP, is directed to allocate at least 75% 7. An increase of $2,500,000 for the Bishop al database of forest structure and tree of all new procurement awards through full Museum/Mauna Kea Astronomy Education height. The conferees believe that this data and open competition. If NASA feels that ad- Center. will be invaluable as the scientific commu- ditional funding is needed in fiscal year 2001 8. An increase of $1,000,000 for the Chabot nity continues research into global climate to address transitional core competency Observatory and Science Center, Oakland, change and related areas. At the same time, issues, then the agency may propose for the California. the conferees recognize the valuable com- consideration by the Committees on Appro- 9. An increase of $4,000,000 for the Green mercial potential of the data and the associ- priations, a reprogramming of funds from Bank Radio Astronomy Observatory visitor ated interest within the commercial sector. other sources. center. The conferees are concerned that if the VCL The conferees understand that the respon- 10. An increase of $2,000,000 for equipment mission is not launched by 2002, the baseline sibility and funding for the CETDP is being for the South Carolina State Museum’s Ob- data needed by the United States scientific transferred from the Office of Space Science servatory, Planetarium and Theater. and commercial community may be delayed to the Office of Aerospace Technology. 11. An increase of $8,000,000 for the Univer- or lost. Therefore, the conferees direct NASA Therefore, the conferees direct that NASA’s sity of Hawaii for infrastructure needs of the to report by October 2001 on the progress of Office of Aerospace Technology submit a re- Mauna Kea Education Center. developing the VCL mission, with the expec- port to the Committees on Appropriations of tation of a Spring 2002 launch date. LIFE AND MICROGRAVITY SCIENCES the House and Senate by April 30, 2001 which The conferees agree to the following addresses how NASA plans to increase com- The conferees agree to provide $316,900,000 changes to the budget request: petitive selection of advanced technology for life and microgravity sciences. This 1. An increase of $500,000 for the Temporal funding while maintaining NASA Center amount includes a reduction of $7,000,000 Landscape Change Research Program to es- core competencies. The report should iden- from the biomedical research and counter- tablish a regional baseline monitoring pro- tify the core competencies by NASA Center measures program which has been trans- gram. 2. An increase of $500,000 for the operations that are critical to the long-term future of ferred to the space sciences account for the of the applications center for remote sensing the Nation’s space program and the level of Mars 2003 Lander program. The conferees at Fulton-Montgomery Community College, resources required to ensure their support. agree to the following changes to the budget Johnston, New York. The NASA core competency strategy should request: 1. An increase of $5,000,000 for the Space 3. An increase of $1,000,000 for the Center include long-term strategic alliances with for Earth Observing and Space Research at universities and industry partners. Radiation program at Loma Linda Univer- sity Hospital. George Mason University. The conferees note that applying the rec- 4. An increase of $5,000,000 for NASA’s Re- ommendations of the Mars Program Inde- 2. An increase of $1,000,000 to EARTH Uni- versity and the University of Alabama in gional Applications Center for the North- pendent Assessment Team to all space east. science programs may lead to cost increases Birmingham to research Chagas disease. 3. An increase of $500,000 for ongoing re- 5. An increase of $2,500,000 for the U.S. por- for those programs. The conferees agree that search in the area of disease monitoring and tion of the joint U.S./Italian satellite devel- NASA should provide a five-year profile of diagnosis through the use of medical intel- opment program to remotely observe forest the costs associated with implementing ligence for the manned spaceflight effort. fires. these recommendations as part of the budget 4. An increase of $3,000,000 for the Donald 6. An increase of $450,000 for continuation submission for fiscal year 2002, as proposed Danforth Plant Science Center’s Modern Ge- of application remote sensing to forestry at by the Senate. the State University of New York, College of The conferees have provided the budget re- netics project. 5. An increase of $15,000,000 for infrastruc- Environmental Sciences and Forestry. quest of $20,000,000 for the Living with a Star 7. An increase of $4,000,000 for the continu- ture needs for the Life Sciences building at program, as proposed by the Senate. The ation of programs at the American Museum the University of Missouri-Columbia. House had deleted the funding for this pro- of Natural History. gram because of concern about the con- EARTH SCIENCES 8. An increase of $1,000,000 for the Advanced tracting strategy being used by the program. The conferees agree to provide $1,498,050,000 Tropical Remote Sensing Center of the Na- The NASA Inspector General has reviewed for the earth sciences account. tional Center for Tropical Remote Sensing October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10125 Applications and Resources at the Rosenstiel ment for the NPOESS preparatory project of by FAA to be adequate to establish that School of Marine and Atmospheric Science. which $4,000,000 shall be allocated for the de- these criteria are met. 9. An increase of $8,800,000 to the Institute velopment of high speed data processing and 3. The objective of SATS is that the output for Software Research, for the following ac- algorithm validation processes that maxi- of the operational evaluation as defined in tivities: $5,000,000 for development and con- mize prior year investments in this area; and the plan will be sufficient for the FAA to struction of research facilities; $2,300,000 for $2,000,000 to initiate a global wind profile give full credit to the test data when an ap- the development of a Goddard Institute for commercial data purchase consistent with plicant subsequently proposes the certifi- Systems, Software and Technology Research the science objectives identified in the Na- cation and operational approvals for a sys- (GISSTR) in cooperation with the Goddard tional Academy of Sciences study. tem that would implement these SATS capa- bilities. Space Flight Center’s Systems, Technology AERO-SPACE TECHNOLOGY and Advanced Concepts (STAAC) organiza- NASA and FAA SATS program managers The conferees agree to provide $1,253,150,000 tion; and $1,500,000 for a microcomputer clus- will keep the SATS Subcommittee, a joint for the aero-space technology account. In- tering and data throughput/visualization al- subcommittee of NASA’s Aero Space Tech- cluded in this amount is a reduction of gorithm research initiative. nology Advisory Committee and FAA’s Re- $20,000,000 to the research and technology 10. An increase of $20,000,000 to continue search Engineering and Development Advi- base with the funds transferred to the space commercial data purchases. sory Committee, fully informed of all plan- 11. An increase of $3,000,000 for the Univer- sciences account for the Mars 2003 Lander ning activities. SATS program managers sity of South Mississippi for research into re- program. will seek specific advice on their plan from motely sensed data for coastal zone manage- The conferees agree to provide the budget the Subcommittee and respond in writing to ment. request of $9,000,000 for the small aircraft such advice. The Advisory Committees will 12. An increase of $1,000,000 for carbon transportation system (SATS) as proposed request status reports from the SATS Sub- cycle remote sensing technology at the by the Senate. The House had deleted fund- committee on the planning activities and their conformance to the above directions of KARS Regional Earth Sciences Applications ing for this effort. The House action was the conferees and these reports shall also be Center at the University of Kansas. based upon limited funding available to 13. An increase of $1,500,000 for the Univer- NASA and an underlying concern that the provided to the Committees on Appropria- tions of the House and Senate. sity of North Dakota to support the Upper Federal Aviation Administration (FAA) was less than enthusiastic about the program NASA is directed to provide a report the Midwest Aerospace Consortium. Committees on Appropriations of the House 14. An increase of $1,500,000 for topographic which was not very well defined in the budg- et submission. Based upon new information and Senate on the status of implementing sensor measurement efforts in Alaska. this program with the first report to be sub- 15. An increase of $2,000,000 for remote provided to the conferees, funding for SATS mitted by July 31, 2001 and subsequent re- ocean sensing research and measurements in has been restored to be used for operational ports to be submitted on each March 31 the areas of the Bering Sea and the north- evaluations, or proofs of concept where oper- ational evaluations are not possible, of four thereafter. ernmost Pacific Ocean. The conferees agree to provide the budget new capabilities that promise to increase the 16. An increase of $500,000 for continued de- request for the Space Launch Initiative (SLI) safe and efficient capacity of the National velopment of nickel metal hydride battery as proposed by the Senate. The conferees are technology. Airspace System for all NAS users, and to in general agreement with the direction in 17. An increase of $3,000,000 for the NASA extend reliable air service to smaller com- the Senate report with regard to the key International Earth Observing System Nat- munities. These capabilities are: principles NASA should maintain through- ural Resource Training Center at the Univer- High-volume operations at airports with- out the life of the program, namely: (1) any sity of Montana, Missoula. out control towers or terminal radar facili- launch vehicles developed fully will be owned 18. An increase of $1,000,000 for the Pipe- ties. and operated by private industry and be ca- lines Project at Iowa State University/ Lower adverse weather landing minimums pable of competing effectively in the com- Southern University—Baton Rouge. at minimally equipped landing facilities. mercial marketplace; and (2) the program 19. An increase of $35,000,000 for the Earth Integration of SATS aircraft into a higher will rely on competition from existing and Observing System Data Information System, en route capacity air traffic control system emerging launch service providers to ensure for a total fiscal year 2001 program level of with complex flows and slower aircraft. innovations, openness, and resiliency. Fur- $277,000,000. These additional funds are for Improved single-pilot ability to function ther, the conferees are in agreement that at the EOSDIS Core System only so that its competently in complex airspace in an evolv- least 75% of SLI funding should be subject to total program level in fiscal year 2001 shall ing NAS. full and open competition and that all NASA be $115,000,000 allocated as follows: First, an The conferees recognize that the expansion Centers should be eligible to participate in additional $22,500,000 should be added to the of the SATS is a technically high-risk pro- the SLI program. core ECS program to provide optimized sys- gram, and that the expansion of the SATS The conferees continue to support the tem functionality, planning for future program to perform operational evaluations Software Optimization and Reuse Tech- growth and adaptations due to instrument on all four capabilities will require addi- nology (SORT) program, which will help team changes, provision for additional proc- tional resources. Therefore, the conferees di- NASA address the growing cost and schedule essing, and archival capabilities needed at rect the Administration to include such re- complexities associated with traditional one- the DAAC’s. Second, the remaining sources in the fiscal year 2002 budget request at-a-time software development strategies. $12,500,000 is to continue and expand the Syn- for NASA. The conferees are aware of a recent inde- ergy program that was begun in fiscal year It is the expectation of the conferees that pendent assessment of SORT program efforts 2000. In fiscal year 2001, the conferees believe SATS will develop and operationally evalu- at the Goddard Space Flight Center (GSFC) the Synergy program should focus on the fol- ate these four capabilities in a five-year pro- Information Systems Center (ISC), which lowing: continued development of the cur- gram which will produce sufficient data to confirmed the compatibility of GSFC/ISC rent applications to make them accessible to support FAA decisions to approve oper- goals with those of the SORT program. The the general public; expansion of the number ational use of the capabilities, and FAA and report confirmed that the technologies pro- of info marts/data store fronts to broaden industry decisions to invest in the necessary posed under the SORT program would pro- the application base and implementation of technologies. The conferees direct that not mote improvements in productivity, quality, a unified access data server for local, State, less than 75% of the funding provided for de- cost and schedule, but identified communica- and Federal agencies and the commercial velopment of technologies shall be awarded tion and management problems between the marketplace. As part of this effort, NASA is subject to full and open competition. Col- SORT program and NASA. The conferees directed to integrate the regional earth laborative industry/university teams are en- fully support the transfer of SORT’s manage- science applications centers into the Syn- couraged to compete for these awards. In ad- ment to the GSFC/ISC, and expect the con- ergy program by the end of fiscal year 2001. dition, NASA is directed to transfer funds as tents of the independent assessment to be in- 20. The conferees provided the full amount required to the FAA for personnel with au- tegrated into a detailed plan for future SORT activities. The conferees direct GSFC/ requested for the EOS follow-on. Within the thority to set criteria and approve test ISC to submit this plan to Congress no later amount provided, the conferees recommend: plans. than April 1, 2001. $1,500,000 for studies initiating a Landsat-7 The usefulness of the data for this purpose The conferees agree to the following follow-on commercial data purchase; will be ensured through the following proc- changes to the budget request: $2,000,000 for the Global Precipitation Mis- ess: 1. An increase of $13,000,000 for the Ultra sion for phase A/B studies and preliminary 1. In fiscal year 2001, NASA will plan SATS Efficient Engine Technology program. advanced technology development work; activities with, and secure the agreement of, 2. An increase of $2,000,000 for the develop- $2,000,000 for the Global Earthquake Satellite FAA staff from aircraft certification, flight ment of eyetracking technology and applica- for phase A/B studies and preliminary ad- standards, air traffic, and airports before un- tions research. vanced technology development work; dertaking the proof of concept or operational 3. An increase of $500,000 for evaluation and $1,500,000 for studies related to the ‘‘New evaluations. This will also be done with ap- design of Lithium-Ion batteries for use on DIS’’ which the conferees believe should em- propriate industry involvement. space shuttles. phasize the re-use of the existing system in 2. The SATS plan will identify the oper- 4. An increase of $3,000,000 for the NASA-Il- order to minimize future costs; $35,600,000 for ational safety criteria required by FAA for linois Technology Commercialization Center studies and advanced technology develop- each capability, and test plans determined at DuPage County Research Park. H10126 CONGRESSIONAL RECORD — HOUSE October 18, 2000 5. An increase of $3,000,000 for the Univer- ferees agree to the following changes to the NASA and have therefore included $2,200,000 sity of New Orleans Composites Research budget request: to be used for a two-year test of the concept. Center for Excellence at Michoud, Louisiana. 1. An increase of $3,000,000 for continued NASA is directed to enter into a fractional 6. An increase of $5,000,000 for Rotocraft academic and infrastructure needs related to ownership contract, to be fully competed, by Research and Technology base programs. the computer sciences, mathematics and June 15, 2001. 7. An increase of $6,000,000 to expand the physics building at the University of Red- The conferees agree to provide $18,000,000 Space Alliance Technology Outreach Pro- lands, Redlands, California. for the E-Complex upgrades at Stennis Space gram in the states of Florida, New Mexico, 2. An increase of $1,000,000 for equipment Center and $10,500,000 for a propulsion test New York, and Texas. needs at the University of San Diego Science operations building and for upgrades to the 8. An increase of $4,000,000 for deployment and Education Outreach Center. East/West access road at Stennis. In addi- of multilateration and Mode-S based Auto- 3. An increase of $500,000 for Science, Engi- tion, the funds used for upgrades to the East/ matic Dependent Surveillance-Broadcast neering, Math and Aerospace Academy pro- West access road may be used to match title sensors for the Helicopter In-Flight Tracking grams at Central Arizona College. 23 highway funds. System. 4. An increase of $1,000,000 for the Science OFFICE OF INSPECTOR GENERAL 9. An increase of $1,800,000 to augment de- Facilities Initiative at Heidelberg College in ployment of an ATIDS multilateration sen- The conferees agree to provide $23,000,000 Ohio. for the Office of Inspector General, the same sor and surveillance server for the Airport 5. An increase of $1,000,000 for the NASA as proposed by both the House and Senate. Surface Management System. Glenn ‘‘Gateway to the Future: Ohio Pilot’’ 10. An increase of $1,600,000 for the contin- project. ADMINISTRATIVE PROVISIONS ued development of the Dynamic Runway 6. An increase of $1,500,000 for the Santa The conferees agree to include four admin- Occupancy Measurement System integration Ana College Space Education Center in Cali- istrative provisions which were included in with the Multistatic Dependent Surveillance fornia. the bill in fiscal year 2000. The fifth adminis- System and SensorBahn server. 7. An increase of $5,400,000 for the EPSCoR trative provision is addressed at the begin- 11. An increase of $1,000,000 for the remote program for a total funding level of ning of the NASA section of this statement. sensing SAID research program at Syracuse $10,000,000 in fiscal year 2001. The conferees have not included an adminis- University. 8. An increase of $9,100,000 for the Minority trative provision proposed by the Senate 12. An increase of $1,000,000 for Agile Col- University Research and Education program which would have incorporated the Senate laboration Environments for Systems Syn- for a total funding level of $55,000,000 in fis- report into the bill by reference. thesis in Engineering Education. cal year 2001. 13. An increase of $1,000,000 for Enhanced NATIONAL CREDIT UNION ADMINISTRATION 9. An increase of $500,000 for a hands-on Vision Systems development and testing. CENTRAL LIQUIDITY FACILITY interactive science education facility at the 14. An increase of $2,000,000 to continue (INCLUDING TRANSFER OF FUNDS) work on SOCRATES. University of North Carolina at Chapel Hill. 10. An increase of $1,000,000 for the Science Limits direct loans from the Central Li- 15. An increase of $1,000,000 for the Center quidity Facility (CLF) to credit unions from for Emerging Technologies at Stony Brook, Learning Center in Hammond, Indiana. 11. An increase of $1,000,000 for the Envi- borrowed funds to $1,500,000,000 instead of State University of New York. $3,000,000,000 as proposed by the House and 16. An increase of $1,000,000 for the Garrett ronmental Sciences Learning Center (part of $600,000,000 as proposed by the Senate. Morgan Commercialization Initiative in the California Science Center) in Los Ange- les, California. Appropriates $1,000,000 to the National Ohio. Credit Union Administration for the Commu- 17. An increase of $6,500,000 to the Institute 12. An increase of $2,000,000 for the Univer- nity Development Revolving Loan Program for Software Research, for the following ac- sity of Wisconsin-Milwaukee to implement for low-income credit unions of which tivities: $2,000,000 to perform fundamental re- the Wisconsin Initiative for Math, Science, $350,000 is provided specifically for technical search of propellantless space propulsion and Technology. assistance, as proposed by the House instead with NASA’s Center of Excellence for Space 13. An increase of $2,500,000 for the JASON of no funding as proposed by the Senate. Propulsion, including the analysis of proto- Foundation. The conferees are very supportive of the type radio frequency momentum sources and 14. An increase of $1,000,000 for the NASA credit union industry and the service it pro- the use of automated tensor algorithms to Center of Excellence in Mathematics, vides to its members. Increasing the lending simulate and evaluate prototype drive mech- Science and Technology at Texas College in cap for the Central Liquidity Facility (CLF) anisms; $3,500,000 to continue the Self-Adapt- Tyler, Texas. for new direct loans gives greater financial ive Vehicular Equipment (SAVE) initiative; 15. An increase of $2,000,000 for the Lewis security to the industry and ensures the and $1,000,000 to continue the Breakthrough and Clark Rediscovery Web Technology statutory role of the CLF to provide liquid- Propulsion Physics (BPP) program. Project. ity to credit unions experiencing unusual or 18. An increase of $7,500,000 for completion 16. An increase of $500,000 for the Aerospace unexpected shortfalls. of the National Space Science and Tech- Education Center in Cleveland, Ohio as a na- The conferees consider loans administered nology Center for infrastructure needs. tional hub for the SEMAA program. 19. An increase of $2,000,000 for the Earth 17. An increase of $1,000,000 for the Carl through the CLF necessary in situations Alert project at the Goddard Space Flight Sagan Discovery Science Center at the Chil- when private sources are not available and Center. dren’s Hospital at Montefiore Medical Center when unanticipated events are the cause of 20. An increase of $10,000,000 for a Propul- to implement the educational programming liquidity drains. The conferees do not expect sion Research Laboratory to be located at for this science learning project. that loan sales or other business decisions NASA’s Center of Excellence for Space Pro- 18. An increase of $1,000,000 for the Chal- that result in excessive demand for liquidity pulsion at the Marshall Space Flight Center. lenger Learning Center in Kenai, Alaska. should be considered emergency events that warrant the use of CLF funds. To this end, 21. An increase of $2,000,000 for Montana MISSION SUPPORT State University, Bozeman for research in the conferees direct the NCUA to develop Appropriates $2,608,700,000 for mission sup- written policies and procedures to clarify the advanced optoelectronic materials. port instead of $2,584,000,000 as proposed by 22. An increase of $1,000,000 for the Univer- role of the CLF and the circumstances when the House and Senate. The funding level ar- the CLF will approve a Regular or Agent sity of Akron, for nanotechnology research. rived at for this account includes a reduction 23. An increase of $1,000,000 for aerospace Member’s request for a CLF advance. This of $6,000,000 to research operations support projects at MSE Technology Applications in information is to be included in the budget from IFMP rescheduling as proposed by Butte, Montana. request for fiscal year 2002. The conferees NASA to provide additional funding for the 24. An increase of $250,000 for the Oklahoma also direct the NCUA to report on the loans Mars 2003 Lander program. Aeronautics and Space Commission for made by the CLF for short-term adjustment, The conferees are aware that NASA owns sounding rockets. seasonal, and protracted adjustment liquid- 25. An increase of $1,000,000 for Montana and operates a small fleet of administrative ity needs for each month from 1996 through State University for the techlink program. aircraft that are vital for the oversight and December 2000. This report is to be sub- 26. An increase of $500,000 for the National implementation of its mission. The conferees mitted to the Committees by February 15, Aviation Hall of Fame for development of ex- understand that the majority of the aircraft 2001. The conferees request that NCUA con- hibits. in this fleet are aging, presenting a burden tinue to provide this information on CLF 27. An increase of $1.500,000 for the Na- upon NASA management in terms of mainte- loans on a monthly basis through September tional Technology Transfer Center, for a nance requirements and resultant costs. The 2001. conferees, therefore, direct that NASA de- total of $7,300,000. NATIONAL SCIENCE FOUNDATION velop a plan to replace these aging adminis- SPACE OPERATIONS trative aircraft and consider fractional own- RESEARCH AND RELATED ACTIVITIES The conferees have provided $529,400,000 for ership as an alternative. NASA should sub- Appropriates $3,350,000,000 for research and space operations, the same amount as pro- mit this plan for administrative aircraft re- related activities instead of $3,117,690,000 as vided by both the House and Senate. placement to the Committees on Appropria- proposed by the House and $3,245,562,000 as ACADEMIC PROGRAMS tions of the House and Senate by April 15, proposed by the Senate. Bill language pro- The conferees have agreed to provide 2001. The conferees continue to believe that vides up to $275,592,000 of this amount for $134,000,000 for academic programs. The con- fractional ownership may be of value to Polar research and operations support. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10127 The conferees have included bill language plied policy-related research on children, Research (EPSCoR) to allow for renewed em- which specifies that $65,000,000 of appro- learning, and the influence of families and phasis on research infrastructure develop- priated funds are to be for a comprehensive communities on child development. ment in the EPSCoR states, as well as to research initiative on plant genomes for eco- The conferees expect the Foundation to permit full implementation awards to states nomically significant crops. work with the human sciences community in which have research proposals in the plan- Finally, the conferees have agreed to bill the development of the proposed program ning process. In addition, the conferees have language which: (1) prohibits funds spent in guidelines for the CRI and to have awards provided $10,000,000 to fund the Office of In- this or any other Act to acquire or lease a re- made by June 2001. Finally, the conferees ex- novation Partnerships. This new office was search vessel with ice-breaking capability pect a detailed plan in the fiscal year 2002 created last year to, among other things, built or retrofitted outside of the United budget submission on how the NSF intends house the EPSCoR program, and should con- States if such a vessel of United States ori- to expand the CRI as a multi-year strategic tinue to examine means of helping those gin can be obtained at a cost of not more initiative. non-EPSCoR institutions receiving among than 50 per centum above the cost of the The Opportunity Fund has again, without the least federal research funding expand least expensive, technically acceptable, non- prejudice, not been funded for fiscal year their research capacity and competitiveness United States vessel; (2) requires that the 2001. so as to develop a truly national scientific amount of subsidy or financing provided by a Except as previously noted, the conferees research community with appropriate re- foreign government, or instrumentality expect that the remaining funds will be dis- search centers located throughout the na- thereof, to a vessel’s construction shall be tributed proportionately and equitably, con- tion. included as part of the total cost of such ves- sistent with the ratio of the budget request The conference agreement provides sel; and (3) provides that should a U.S. vessel level above the fiscal year 2000 funding level, $15,000,000 for the HBCU-UP program, includ- as set forth in the foregoing language not be among all of the remaining directorates. In ing $14,000,000 from the EHR account and available for leasing for the austral summer the distribution of funds within each direc- $1,000,000 from the RRA account. The con- Antarctic season of 2002–2003, and thereafter, torate, the NSF is directed to provide each ferees have provided an increase of $10,000,000 a vessel of any origin can be leased for a pe- program, project, and activity the same per- above the budget request level for the Infor- riod not to exceed 120 days of that season and centage of the overall budget as that pro- mal Science Education (ISE) program. This every season thereafter until delivery of vided in the budget request. The conferees increase is intended to provide additional re- such a United States vessel occurs. request that such distribution be specifically sources to expand the pool of ISE grantees to The conference agreement provides an in- noted in the fiscal year 2001 Operating Plan providers in smaller communities, thus en- crease of $384,000,000 above the fiscal year submission. suring that the impact of the ISE program 2000 appropriated level for research and re- MAJOR RESEARCH EQUIPMENT reaches an even more diverse audience. lated activities. Within the appropriated The conference agreement further provides level is $215,000,000 for the information tech- Appropriates $121,600,000 for major research equipment instead of $76,600,000 as proposed $34,250,000 for Advanced Technological Edu- nology initiative, $75,000,000 for the biocom- cation; $13,000,000 for the SMETE Digital Li- plexity initiative, $65,000,000 for plant ge- by the House and $109,100,000 as proposed by the Senate. brary; $19,750,000 for Graduate Teaching Fel- nome research for economically significant lowships in K–12 Education; $16,500,000 for crops, $150,000,000 for the new The conference agreement provides the budget request level for all ongoing projects programs designed for women and persons nanotechnology initiative, $75,000,000 for with disabilities; $55,200,000 for the Graduate major research instrumentation, $94,910,000 within the MRE account, including $45,000,000 for the development and construc- Research Fellowships program; and the fiscal for facilities within the astronomical year 2001 budget requests for the Louis sciences activity, and $1,000,000 to begin de- tion of a second, single site, five-plus teraflop computing facility. The conferees Stokes Alliance for Minority Participation sign and model testing of a vessel to replace program, the new Tribal Colleges program, the R/V Alpha Helix. are encouraged by the recent progress made in the development of the first terascale fa- the Minority Graduate Education program, The increase of $15,000,000 provided for as- the Centers of Research Excellence in tronomical sciences facilities is intended to cility and urge the Foundation to move as quickly as possible in soliciting proposals for Science and Technology program, and the upgrade specifically facilities and oper- Model Institutions for Excellence program. ations, including new construction and in- the second facility. The conferees urge the Foundation to pay special attention to quali- Finally, the conferees have agreed to pro- strumentation as appropriate, for the Are- vide $11,200,000 for the new Scholarships for cibo Observatory, the Green Bank Telescope, fied proposals that will utilize newer genera- tion processors and other equipment as well Service program. the Very Large Array, the Very Long Base- Except as previously noted, the conferees as exhibit appropriate cost-share benefits as line Array, and other facilities in need of expect that the remaining funds will be dis- such attention on a priority basis. The Foun- part of a proposal. The conferees expect the Foundation to tributed proportionately and equitably, con- dation is directed to provide the Committees sistent with the ratio of the budget request on Appropriations of the House and Senate provide regular, informal reports as to the progress of the entire terascale program, in- level above the fiscal year 2000 funding level, with a list of facilities and the specific needs among all of the remaining directorates. In of each, on a priority basis, within the Oper- cluding updates on construction, acquisition, funding requirements, and other appropriate the distribution of funds within each direc- ating Plan submission and on a semi-yearly torate, the NSF is directed to provide each basis after that. information associated with this important program. program, project, and activity the same per- The conferees have provided $5,000,000 centage of the overall budget as that pro- within the total for social and behavioral The conference agreement also provides $12,500,000 to continue production of the vided in the budget request. The conferees sciences to initiate a separately competed request that such distribution be specifically Children’s Research Initiative (CRI). While High-Performance Instrumented Airborne Platform for Environmental Research noted in the fiscal year 2001 Operating Plan the NSF does fund some research that pro- submission. vides a better understanding of children, a (HIAPER). This new high-altitude research SALARIES AND EXPENSES distinct program is needed if the rec- aircraft will, upon its completion, be avail- ommendations of the 1997 National Science able to support critical and outstanding at- Appropriates $160,890,000 for salaries and and Technology Council report are to be mospheric science research opportunities expenses instead of $152,000,000 as proposed achieved. In fact, as the NSF anticipates po- over the next 25 to 30 years. by the House and $170,890,000 as proposed by tential budget growth in future years, the Budget constraints have forced the con- the Senate. The conferees note that the increase of conferees expect the CRI to be a vital part of ferees to not approve funding for two new $3,000,000 above the budget request is for any planned program expansion. The NSF starts for fiscal year 2001 under major re- travel expenses that the budget submission should employ its normal peer review proc- search equipment, the U.S. Array and San proposed to fund from within the RRA and ess for determining grants for the CRI, and Andreas Fault Observatory at Depth, and the EHR accounts instead of from within sala- should award both principal investigator and National Ecological Observatory Network. ries and expenses. Accordingly, the conferees no less than three center awards with this This decision was made without prejudice direct the NSF to fund employee travel from first-year funding. and does not reflect on the quality of re- Highest funding priority should be given to search proposed to be developed through within salaries and expenses, consistent with proposals from distinct human sciences units these two programs. existing practice. in institutions of higher education that have EDUCATION AND HUMAN RESOURCES OFFICE OF INSPECTOR GENERAL an interdisciplinary academic program in Appropriates $787,352,000 for education and Appropriates $6,280,000 for the Office of In- human and family development, nutrition, human resources instead of $694,310,000 as spector General as proposed by the Senate and related areas. Proposals should also be proposed by the House and $765,352,000 as pro- instead of $5,700,000 as proposed by the evaluated for their effectiveness in utilizing posed by the Senate. Bill language is in- House. The conferees continue to expect the existing delivery systems for program out- cluded which requires that from within OIG to increase efforts in the areas of cost- reach and evaluation to assess how the im- available funds, $10,000,000 is for the Office of sharing, indirect costs, and misconduct in plementation of research findings can ben- Innovation Partnerships. scientific research. The conferees further di- efit the majority of all children in a given Within this appropriated level, the con- rect the OIG to evaluate the Foundation’s state or region. A strong emphasis should ferees have provided $75,000,000 for the Exper- management of its growing program respon- also be placed on pursuing theory-driven, ap- imental Program to Stimulate Competitive sibilities. H10128 CONGRESSIONAL RECORD — HOUSE October 18, 2000

NEIGHBORHOOD REINVESTMENT CORPORATION the GSA has already taken action on this that paid to American veterans, except to PAYMENT TO THE NEIGHBORHOOD issue. the Old Philippine Scouts, who to date re- REINVESTMENT CORPORATION Deletes language proposed by the House ceive compensation and medical benefits and stricken by the Senate restricting the Appropriates $90,000,000 for the Neighbor- equal to U.S. veterans. The language added use of funds for joint NASA—Air Force re- hood Reinvestment Corporation as proposed by this title restores a portion of these bene- search programs. by the House instead of $80,000,000 as pro- fits to the small number of these veterans Modifies language proposed by the House posed by the Senate. who live in the U.S. The changes include: Includes language proposed by the House and stricken by the Senate prohibiting the Increasing the disability benefits com- allowing $5,000,000 of the total appropriation use of funds for the designation of any area pensation paid to such veterans who live le- to be used for a section 8 homeownership as an ozone nonattainment area. The con- gally and permanently in the United States program. The Senate did not include a simi- ferees agree to limit the prohibition until to full parity with benefits paid to other en- lar provision. the Supreme Court rules on this issue or titled veterans. Currently these benefits are Includes new language making $2,500,000 June 15, 2001, whichever comes first. paid at a 50 percent level. This affects only available for the purpose of endowing a Deletes language proposed by the House the level of benefits paid. No new eligibility ‘‘George Knight Scholarship Fund.’’ The con- and stricken by the Senate prohibiting the is established under this section. ferees would like to recognize the retirement use of funds for administration of the Com- Filipino veterans who already receive med- of George Knight, executive director of munities for Safer Guns Coalition. ical care at VA facilities for service-con- Inserts language proposed by the Senate Neighborhood Reinvestment Corporation nected conditions are made eligible for full prohibiting the use of funds for the purpose since 1990. Mr. Knight has dedicated more medical and related care at medical care fa- of lobbying or litigating against any Federal than 24 years of service to the Corporation cilities on the same basis as other U.S. vet- entity or official, with certain exceptions. and its predecessor organization, the Urban erans. Currently these veterans are only eli- Inserts language proposed by the Senate Reinvestment Task Force. To acknowledge gible for care for treatment of service-con- prohibiting the use of funds for any activity Mr. Knight’s dedication to America’s com- nected problems. or publication or distribution of literature munities, the conferees are designating a Veterans living in the Philippines who al- that is designed to promote public support or set-aside of $2,500,000 to establish a scholar- ready receive medical care at a VA facility opposition to any legislative proposal on ship fund in his honor for the Neighborhood for service-connected conditions are made el- which Congressional action is not complete. Reinvestment Training Institute. This fund igible for full medical care at the VA out- Inserts language encouraging the use of E- will allow hundreds of local leaders, commu- patient facility in the Philippines. Commerce as a cost effective and efficient nity developers and residents to have access The conferees believe that recognizing the method of purchasing needed products in a to high-quality training, which will help service of these loyal veterans through en- timely, paperless manner from qualified ven- them acquire the expertise to improve their actment of a more equitable benefit struc- dors. In addition, the conferees encourage communities. ture is long overdue. Because of the ad- open, non-proprietary, Internet access to vanced age of this small population, enact- SELECTIVE SERVICE SYSTEM conduct E-Commerce as the use of propri- ing legislation has been given special consid- SALARIES AND EXPENSES etary software in services can diminish the eration in this conference agreement. Appropriates $24,480,000 for salaries and ex- net value of E-Commerce and limit choices CONFERENCE TOTAL—WITH COMPARISONS penses as proposed by the Senate instead of by the customer. The conferees note that the use of E-Commerce is in harmony with the The total new budget (obligational) au- $23,000,000 as proposed by the House. thority for the fiscal year 2001 recommended Retains language proposed by the Senate goals of the Federal Acquisition and Stream- by the Committee of Conference, with com- providing a one-year exemption from 31 lining Act of 1994 and will enhance govern- parisons to the fiscal year 2000 amount, the U.S.C. 1341 if the President deems the exemp- ment purchasing efficiency. 2001 budget estimates, and the House and tion necessary in the interest of national de- Retains language proposed by the House Senate bills for 2001 follow: fense. and stricken by the Senate requiring HUD to [In thousands of dollars] TITLE IV—GENERAL PROVISIONS provide detailed descriptions of how funds identified for technical assistance, training, New budget (obligational) Inserts language proposed by the Senate or management in the budget justifications authority, fiscal year permitting EPA appropriations to be used will be utilized. 2000 ...... $99,736,845 for comprehensive conservation and manage- Inserts language amending the National Budget estimates of new ment plans. Aeronautics and Space Act of 1958 to allow (obligational) authority Retains language proposed by the House for insurance, indemnification, and liability fiscal year 2001 ...... 109,783,099 amending the National Aeronautics and protection for experimental aerospace vehi- House bill, fiscal year 2001 103,101,836 Space Act of 1958 to implement full cost ac- cle developers through December 31, 2001. Senate bill, fiscal year 2001 107,507,953 counting, allow the transfer of administra- Inserts language extending for two years Conference agreement, fis- tive funds and allow the transfer of balances and modifying NASA employee buyout au- cal year 2001 ...... 107,341,317 from old accounts to new accounts. The Sen- thority. Conference agreement ate deleted the House language, but included compared with: language implementing full cost accounting TITLE V—FILIPINO VETERANS’ New budget in a new account structure and limiting the BENEFITS IMPROVEMENTS (obligational) author- transfer of funds. The Senate had also pro- The conference agreement bill includes a ity, fiscal year 2000 ... +7,604,472 new title that provides more equitable vet- posed a requirement for notification if pro- Budget estimates of erans benefits for certain Filipino Army vet- gram costs increase by 15 percent. new (obligational) Inserts language proposed by the Senate erans who served with the U.S. Armed Forces authority, fiscal year defining a qualified student loan. and under the U.S. Command during World 2001 ...... ¥2,441,782 Retains language proposed by the House War II. Under current law these veterans are House bill, fiscal year prohibiting HUD from using funds for any entitled to compensation from the VA but at 2001 ...... +4,239,481 activity in excess of amounts set forth in the a lower level than other veterans and med- Senate bill, fiscal year budget estimates to the Congress. The Sen- ical care only for service-connected condi- 2001 ...... ¥166,636 ate included similar language referencing tions. The changes covered by this amend- the budget estimates submitted for appro- ment include equal disability payments and DEPARTMENTS OF VETERANS AFFAIRS priations, not the Congress. health care services for those covered vet- AND HOUSING AND URBAN DEVELOP- Deletes language proposed by the Senate erans who live permanently and legally in MENT, AND INDEPENDENT AGENCIES prohibiting the use of funds to carry out Ex- the United States, and expanded outpatient APPROPRIATIONS ecutive Order 13083. healthcare at the Manila VA Outpatient Following is explanatory language on H.R. Inserts language proposed by the House Clinic for these covered veterans who live in 5482, as introduced on October 18, 2000. and stricken by the Senate prohibiting the the Philippines. The conferees on H.R. 4635 agree with the EPA’s expenditure of funds to promulgate a During WW II the Philippines was a Com- matter included in H.R. 5482 and enacted in final regulation to implement changes in the monwealth of the United States and mem- this conference report by reference and the payment of pesticide tolerance fees for fiscal bers of the Commonwealth Army and the following description of it. This bill was de- year 2001. This issue is addressed under the New Philippine Scouts were called into serv- veloped through negotiations by the con- Environmental Protection Agency elsewhere ice with the U.S. Armed Forces at the order ferees on the differences in the House and in this joint explanatory statement of the of President Roosevelt. The bravery, sac- Senate versions of H.R. 4635. References in managers. rifice and commitment of these soldiers to the following description to the ‘‘conference Deletes language proposed by the House the cause of winning the war are legendary. agreement’’ mean the matter included in the and stricken by the Senate directing the In 1946, Congress provided $200,000,000 to the introduced bill enacted by this conference General Services Administration (GSA) to Philippines to create their own veterans ben- report. References to the House bill mean allocate one of its Senior Executive Service efit system and passed the Rescissions Act of the House passed version of H.R. 4635. Ref- positions for Director, Federal Consumer In- 1946 which authorized disability pay at a rate erences to the Senate bill or Senate reported formation Center. The conferees recognize for Filipino veterans significantly below bill mean the Senate reported version of H.R. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10129 4635, not the Senate passed version of H.R. and Dam 3, Mississippi River, Minnesota; and curred for the flood control project constructed 4635, unless otherwise stated. London Locks and Dam, and Kanawha River, pursuant to 33 U.S.C. 701s at Cedar River, City ENERGY AND WATER DEVELOPMENT West Virginia, projects; and of which funds are of Renton, Washington, as a result of over- APPROPRIATIONS provided for the following projects in the dredging by the Army Corps of Engineers: Pro- amounts specified: vided further, That $2,000,000 of the funds ap- The conference agreement would enact the Elba, Alabama, $8,400,000; propriated herein shall be available for sta- provisions of H.R. 5483 as introduced on Octo- Geneva, Alabama, $10,800,000; bilization and renovation of Lock and Dam 10, ber 18, 2000. The text of that bill follows: San Gabriel Basin Groundwater Restoration, Kentucky River, Kentucky, subject to enactment A BILL Making appropriations for energy California, $25,000,000; of authorization by law: Provided further, That and water development for the fiscal year San Timoteo Creek (Santa Ana River the Secretary of the Army, acting through the ending September 30, 2001, and for other Mainstem), California, $5,000,000; Chief of Engineers, is directed to use $3,000,000 purposes Indianapolis Central Waterfront, Indiana, of the funds appropriated herein to initiate con- Be it enacted by the Senate and House of Rep- $10,000,000; struction of a navigation project at resentatives of the United States of America in Southern and Eastern Kentucky, Kentucky, Kaumalapau Harbor, Hawaii: Provided further, Congress assembled, That the following sums $4,000,000; That the Secretary of the Army is directed to are appropriated, out of any money in the Clover Fork, Middlesboro, City of Cum- use $2,000,000 of the funds provided herein for Treasury not otherwise appropriated, for energy berland, Town of Martin, Pike County (includ- Dam Safety and Seepage/Stability Correction and water development for the fiscal year end- ing Levisa Fork and Tug Fork Tributaries), Bell Program to design and construct seepage control ing September 30, 2001, and for other purposes, County, Martin County, and Harlan County, features at Waterbury Dam, Winooski River, namely: Kentucky, elements of the Levisa and Tug Forks Vermont: Provided further, That the Secretary of the Army, acting through the Chief of Engi- TITLE I of the Big Sandy River and Upper Cumberland River, Kentucky, $20,000,000: Provided, That the neers, is directed to design and construct barge DEPARTMENT OF DEFENSE—CIVIL Secretary of the Army, acting through the Chief lanes at the Houston-Galveston Navigation DEPARTMENT OF THE ARMY of Engineers, is directed to proceed with plan- Channels, Texas, project, immediately adjacent CORPS OF ENGINEERS—CIVIL ning, engineering, design and construction of to either side of the Houston Ship Channel, from Bolivar Roads to Morgan Point, to a depth of 12 The following appropriations shall be ex- the Town of Martin, Kentucky, element, in ac- cordance with Plan A as set forth in the prelimi- feet with prior years’ Construction, General pended under the direction of the Secretary of carry-over funds: Provided further, That the the Army and the supervision of the Chief of nary draft Detailed Project Report, Appendix T of the General Plan of the Huntington District Secretary of the Army, acting through the Chief Engineers for authorized civil functions of the of Engineers, may use Construction, General Department of the Army pertaining to rivers Commander; Jackson County, Mississippi, $2,000,000; funding as directed in Public Law 105–62 and and harbors, flood control, beach erosion, and Public Law 105–245 to initiate construction of related purposes. Bosque and Leon Rivers, Texas, $4,000,000; and an emergency outlet from Devils Lake, North GENERAL INVESTIGATIONS Upper Mingo County (including Mingo Coun- Dakota, to the Sheyenne River, except that the For expenses necessary for the collection and ty Tributaries), Lower Mingo County (Kermit), funds shall not become available unless the Sec- study of basic information pertaining to river Wayne County, and McDowell County, elements retary of the Army determines that an emer- gency (as defined in section 102 of the Robert T. and harbor, flood control, shore protection, and of the Levisa and Tug Forks of the Big Sandy Stafford Disaster Relief and Emergency Assist- related projects, restudy of authorized projects, River and Upper Cumberland River project in ance Act (42 U.S.C. 5122)) exists with respect to miscellaneous investigations, and, when author- West Virginia, $4,100,000: ized by laws, surveys and detailed studies and the emergency need for the outlet and reports to Provided further, That using $900,000 of the plans and specifications of projects prior to con- Congress that the construction is technically funds appropriated herein, the Secretary of the struction, $160,038,000, to remain available until sound, economically justified, and environ- Army, acting through the Chief of Engineers, is expended: Provided, That in conducting the mentally acceptable, and in compliance with the directed to undertake the Bowie County Levee Southwest Valley Flood Damage Reduction National Environmental Policy Act of 1969 (42 project, which is defined as Alternative B Local Study, Albuquerque, New Mexico, the Secretary U.S.C. 4321 et seq.): Provided further, That the Sponsor Option, in the Corps of Engineers docu- of the Army, acting through the Chief of Engi- economic justification for the emergency outlet ment entitled Bowie County Local Flood Protec- neers, shall include an evaluation of flood dam- shall be prepared in accordance with the prin- tion, Red River, Texas, Project Design Memo- age reduction measures that would otherwise be ciples and guidelines for economic evaluation as randum No. 1, Bowie County Levee, dated April excluded from the feasibility analysis based on required by regulations and procedures of the 1997: Provided further, That no part of any ap- policies regarding the frequency of flooding, the Army Corps of Engineers for all flood control propriation contained in this Act shall be ex- drainage areas, and the amount of runoff: Pro- projects, and that the economic justification be pended or obligated to begin Phase II of the vided further, That the Secretary of the Army is fully described, including the analysis of the John Day Drawdown study or to initiate a directed to use $750,000 of the funds appro- benefits and costs, in the project plan docu- study of the drawdown of McNary Dam unless priated herein to continue preconstruction engi- ments: Provided further, That the plans for the authorized by law: Provided further, That the neering and design for the Murrieta Creek, Cali- emergency outlet shall be reviewed and, to be ef- Secretary of the Army, acting through the Chief fornia flood protection and environmental res- fective, shall contain assurances provided by the of Engineers, is directed hereafter to use avail- Secretary of State, after consultation with the toration project in accordance with Alternative able Construction, General funds in addition to International Joint Commission, that the project 6, based on the Murrieta Creek feasibility report funding provided in Public Law 104–206 to com- will not violate the requirements or intent of the and environmental impact statement dated June plete design and construction of the Red River Treaty Between the United States and Great 2000 at a total cost of $90,866,000, with an esti- Regional Visitors Center in the vicinity of Britain Relating to Boundary Waters Between mated Federal cost of $59,063,900 and an esti- Shreveport, Louisiana at an estimated cost of the United States and Canada, signed at Wash- mated non-Federal cost of $31,803,100. $6,000,000: Provided further, That section ington, January 11, 1909 (36 Stat. 2448; TS 548) CONSTRUCTION, GENERAL 101(b)(4) of the Water Resources Development (commonly known as the ‘‘Boundary Waters For the prosecution of river and harbor, flood Act of 1996, is amended by striking ‘‘total cost of Treaty of 1909’’): Provided further, That the control, shore protection, and related projects $8,600,000’’ and inserting in lieu thereof ‘‘total Secretary of the Army shall submit the final authorized by laws; and detailed studies, and cost of $15,000,000’’: Provided further, That the plans and other documents for the emergency plans and specifications, of projects (including Secretary of the Army, acting through the Chief outlet to Congress: Provided further, That no those for development with participation or of Engineers, is directed to use $3,000,000 of the funds made available under this Act or any under consideration for participation by States, funds appropriated herein for additional emer- other Act for any fiscal year may be used by the local governments, or private groups) authorized gency bank stabilization measures at Galena, Secretary of the Army to carry out the portion or made eligible for selection by law (but such Alaska under the same terms and conditions as of the feasibility study of the Devils Lake Basin, studies shall not constitute a commitment of the previous emergency bank stabilization work un- North Dakota, authorized under the Energy and Government to construction), $1,717,199,000, to dertaken at Galena, Alaska pursuant to Section Water Development Appropriations Act, 1993 remain available until expended, of which such 116 of Public Law 99–190: Provided further, (Public Law 102–377), that addresses the needs sums as are necessary for the Federal share of That with $4,200,000 of the funds appropriated of the area for stabilized lake levels through construction costs for facilities under the herein, the Secretary of the Army, acting inlet controls, or to otherwise study any facility Dredged Material Disposal Facilities program through the Chief of Engineers, is directed to or carry out any activity that would permit the shall be derived from the Harbor Maintenance continue construction of the Brunswick County transfer of water from the Missouri River Basin Trust Fund, as authorized by Public Law 104– Beaches, North Carolina-Ocean Isle Beach por- into Devils Lake: Provided further, That within 303; and of which such sums as are necessary tion in accordance with the General Reevalua- available funds, the Secretary of the Army, act- pursuant to Public Law 99–662 shall be derived tion Report approved by the Chief of Engineers ing through the Chief of Engineers, is directed from the Inland Waterways Trust Fund, for on May 15, 1998: Provided further, That the Sec- to continue construction of the Rio Grand de one-half of the costs of construction and reha- retary of the Army, acting through the Chief of Manati flood control project at Barceloneta, bilitation of inland waterways projects, includ- Engineers, is directed to use not to exceed Puerto Rico, which was initiated under the au- ing rehabilitation costs for the Lock and Dam $300,000 of funds appropriated herein to reim- thority of the Section 205 program prior to being 12, Mississippi River, Iowa; Lock and Dam 24, burse the City of Renton, Washington, at full specifically authorized in the Water Resources Mississippi River, Illinois and Missouri; Lock Federal expense, for mitigation expenses in- Development Act of 1999. H10130 CONGRESSIONAL RECORD — HOUSE October 18, 2000

FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- agement Plan shall include specific objective sume all of the responsibilities of the Trinity TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- goals and criteria by which the Corps of Engi- River Authority of Texas under Contract No. ISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE neers’ progress towards reducing any permit DACW63–76–C–0166, other than financial re- For expenses necessary for prosecuting work backlog can be measured; (3) beginning on De- sponsibilities, except as provided for in sub- of flood control, and rescue work, repair, res- cember 31, 2001, and on a biannual basis there- section (c) of this section. The Trinity River Au- toration, or maintenance of flood control after, report to Congress and publish in the Fed- thority shall be relieved of all of its financial re- projects threatened or destroyed by flood, as au- eral Register, an analysis of the performance of sponsibilities under the Contract as of the date thorized by law (33 U.S.C. 702a and 702g–1), its program as measured against the criteria set the Secretary of the Army enters into the agree- $347,731,000, to remain available until expended: out in the Permit Processing Management Plan; ment with the City. Provided, That the Secretary of the Army is di- (4) implement a 1-year pilot program to publish (b) In consideration of the agreement referred rected to complete his analysis and determina- quarterly on the U.S. Army Corps of Engineer’s to in subsection (a), the City shall pay the Fed- tion of Federal maintenance of the Greenville Regulatory Program website all Regulatory eral Government a total of $4,290,000 in two in- Inner Harbor, Mississippi navigation project in Analysis and Management Systems (RAMS) stallments, one in the amount of $2,150,000, accordance with section 509 of the Water Re- data for the South Pacific Division and North which shall be due and payable no later than sources Development Act of 1996. Atlantic Division beginning within 30 days of December 1, 2000, and one in the amount of OPERATION AND MAINTENANCE, GENERAL the enactment of this Act; and (5) publish in Di- $2,140,000, which shall be due and payable no later than December 1, 2003. For expenses necessary for the preservation, vision Office websites all findings, rulings, and (c) The agreement executed pursuant to sub- operation, maintenance, and care of existing decisions rendered under the administrative ap- section (a) shall include a provision requiring river and harbor, flood control, and related peals process for the Corps of Engineers Regu- the City to assume all costs associated with op- works, including such sums as may be necessary latory Program as established in Public Law eration and maintenance of the recreation fa- for the maintenance of harbor channels pro- 106–60: Provided further, That, through the pe- cilities included in the Contract referred to in vided by a State, municipality or other public riod ending on September 30, 2003, the Corps of that subsection. Engineers shall allow any appellant to keep a agency, outside of harbor lines, and serving es- SEC. 102. Agreements proposed for execution verbatim record of the proceedings of the ap- sential needs of general commerce and naviga- by the Assistant Secretary of the Army for Civil tion; surveys and charting of northern and peals conference under the aforementioned ad- Works or the United States Army Corps of Engi- northwestern lakes and connecting waters; ministrative appeals process: Provided further, neers after the date of the enactment of this Act clearing and straightening channels; and re- That within 30 days of the enactment of this pursuant to section 4 of the Rivers and Harbor moval of obstructions to navigation, Act, the Secretary of the Army, acting through Act of 1915, Public Law 64–291; section 11 of the $1,901,959,000, to remain available until ex- the Chief of Engineers, shall require all U.S. River and Harbor Act of 1925, Public Law 68– pended, of which such sums as become available Army Corps of Engineers Divisions and Districts 585; the Civil Functions Appropriations Act, in the Harbor Maintenance Trust Fund, pursu- to record the date on which a section 404 indi- 1936, Public Law 75–208; section 215 of the Flood ant to Public Law 99–662, may be derived from vidual permit application or nationwide permit Control Act of 1968, as amended, Public Law 90– that Fund, and of which such sums as become notification is filed with the Corps of Engineers: 483; sections 104, 203, and 204 of the Water Re- available from the special account established Provided further, That the Corps of Engineers, sources Development Act of 1986, as amended by the Land and Water Conservation Act of when reporting permit processing times, shall (Public Law 99–662); section 206 of the Water 1965, as amended (16 U.S.C. 460l), may be de- track both the date a permit application is first Resources Development Act of 1992, as amended, rived from that account for construction, oper- received and the date the application is consid- Public Law 102–580; section 211 of the Water Re- ation, and maintenance of outdoor recreation ered complete, as well as the reason that the ap- sources Development Act of 1996, Public Law facilities: Provided, That the Secretary of the plication is not considered complete upon first 104–303, and any other specific project author- Army, acting through the Chief of Engineers, submission. ity, shall be limited to credits and reimburse- from the funds provided herein for the operation FORMERLY UTILIZED SITES REMEDIAL ACTION ments per project not to exceed $10,000,000 in and maintenance of New York Harbor, New PROGRAM each fiscal year, and total credits and reim- York, is directed to prepare the necessary docu- For expenses necessary to clean up contami- bursements for all applicable projects not to ex- mentation and initiate removal of submerged ob- nation from sites throughout the United States ceed $50,000,000 in each fiscal year. structions and debris in the area previously resulting from work performed as part of the SEC. 103. The Secretary of the Army, acting marked by the Ambrose Light Tower in the in- Nation’s early atomic energy program, through the Chief of Engineers, is authorized to terest of safe navigation: Provided further, That $140,000,000, to remain available until expended. construct the locally preferred plan for flood the Secretary of the Army is directed to use control, environmental restoration and recre- ENERAL EXPENSES $500,000 of funds appropriated herein to remove G ation, Murrieta Creek, California, described as and reinstall the docks and causeway, in kind, For expenses necessary for general adminis- Alternative 6, based on the Murrieta Creek Fea- at Astoria East Boat Basin, Oregon: Provided tration and related functions in the Office of sibility Report and Environmental Impact State- further, That $500,000 of the funds appropriated the Chief of Engineers and offices of the Divi- ment dated October 2000, at a total cost of herein for the Ohio River Open Channel, Illi- sion Engineers; activities of the Coastal Engi- $89,850,000, with an estimated Federal cost of nois, Kentucky, Indiana, Ohio, West Virginia, neering Research Board, the Humphreys Engi- $57,735,000 and an estimated non-Federal cost of and Pennsylvania, project, are provided for the neer Center Support Activity, the Water Re- $32,115,000. Secretary of the Army, acting through the Chief sources Support Center, and headquarters sup- SEC. 104. ST. GEORGES BRIDGE, DELAWARE.— of Engineers, to dredge a channel from the port functions at the USACE Finance Center, None of the funds made available by this Act mouth of Wheeling Creek to Tunnel Green Park $152,000,000, to remain available until expended: may be used to carry out any activity relating in Wheeling, West Virginia. Provided, That no part of any other appropria- to closure or removal of the St. Georges Bridge REGULATORY PROGRAM tion provided in title I of this Act shall be avail- across the Chesapeake and Delaware Canal, able to fund the activities of the Office of the Delaware, including a hearing or any other ac- For expenses necessary for administration of Chief of Engineers or the executive direction tivity relating to preparation of an environ- laws pertaining to regulation of navigable wa- and management activities of the division of- mental impact statement concerning the closure ters and wetlands, $125,000,000, to remain avail- fices: Provided further, That none of these or removal. able until expended: Provided, That the Sec- funds shall be available to support an office of SEC. 105. Within available funds under title I, retary of the Army, acting through the Chief of congressional affairs within the executive office the Secretary of the Army, acting through the Engineers, is directed to use funds appropriated of the Chief of Engineers. Chief of Engineers, shall provide up to $7,000,000 herein to: (1) by March 1, 2001, supplement the REVOLVING FUND to replace and upgrade the dam in Kake, Alaska report, Cost Analysis For the 1999 Proposal to which collapsed July 2000, to provide drinking Issue and Modify Nationwide Permits, to reflect Amounts in the Revolving Fund are available water and hydroelectricity. the Nationwide Permits actually issued on for the costs of relocating the U.S. Army Corps TITLE II March 9, 2000, including changes in the acreage of Engineers headquarters to office space in the limits, preconstruction notification requirements General Accounting Office headquarters build- DEPARTMENT OF THE INTERIOR and general conditions between the rule pro- ing in Washington, D.C. CENTRAL UTAH PROJECT posed on July 21, 1999, and the rule promulgated ADMINISTRATIVE PROVISIONS CENTRAL UTAH PROJECT COMPLETION ACCOUNT and published in the Federal Register; (2) after Appropriations in this title shall be available For carrying out activities authorized by the consideration of the cost analysis for the 1999 for official reception and representation ex- Central Utah Project Completion Act, proposal to issue and modify nationwide permits penses (not to exceed $5,000); and during the $38,724,000, to remain available until expended, and the supplement prepared pursuant to this current fiscal year the Revolving Fund, Corps of of which $19,158,000 shall be deposited into the Act and by September 30, 2001, prepare, submit Engineers, shall be available for purchase (not Utah Reclamation Mitigation and Conservation to Congress and publish in the Federal Register to exceed 100 for replacement only) and hire of Account: Provided, That of the amounts depos- a Permit Processing Management Plan by which passenger motor vehicles. ited into that account, $5,000,000 shall be con- the Corps of Engineers will handle the addi- sidered the Federal contribution authorized by tional work associated with all projected in- GENERAL PROVISIONS paragraph 402(b)(2) of the Central Utah Project creases in the number of individual permit ap- CORPS OF ENGINEERS—CIVIL Completion Act and $14,158,000 shall be avail- plications and preconstruction notifications re- SEC. 101. (a) The Secretary of the Army shall able to the Utah Reclamation Mitigation and lated to the new and replacement permits and enter into an agreement with the City of Grand Conservation Commission to carry out activities general conditions. The Permit Processing Man- Prairie, Texas, wherein the City agrees to as- authorized under that Act. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10131

In addition, for necessary expenses incurred BUREAU OF RECLAMATION LOAN PROGRAM tion (Reclamation) Operation and Maintenance in carrying out related responsibilities of the ACCOUNT ratesetting practices. The CVP Power Con- Secretary of the Interior, $1,216,000, to remain For the cost of direct loans and/or grants, tractor share of this assessment shall be assessed available until expended. $8,944,000, to remain available until expended, by Reclamation to the Western Area Power Ad- as authorized by the Small Reclamation Projects ministration, Sierra Nevada Region (Western), BUREAU OF RECLAMATION Act of August 6, 1956, as amended (43 U.S.C. and collected by Western through established The following appropriations shall be ex- 422a–422l): Provided, That such costs, including power ratesetting practices. pended to execute authorized functions of the the cost of modifying such loans, shall be as de- SEC. 204. (a) IN GENERAL.—For fiscal year 2001 Bureau of Reclamation: fined in section 502 of the Congressional Budget and each fiscal year thereafter, the Secretary of WATER AND RELATED RESOURCES Act of 1974, as amended: Provided further, That the Interior shall continue funding, from power these funds are available to subsidize gross obli- revenues, the activities of the Glen Canyon Dam (INCLUDING TRANSFER OF FUNDS) gations for the principal amount of direct loans Adaptive Management Program as authorized For management, development, and restora- not to exceed $27,000,000. by section 1807 of the Grand Canyon Protection tion of water and related natural resources and In addition, for administrative expenses nec- Act of 1992 (106 Stat. 4672), at not more than for related activities, including the operation, essary to carry out the program for direct loans $7,850,000 (October 2000 price level), adjusted in maintenance and rehabilitation of reclamation and/or grants, $425,000, to remain available subsequent years to reflect changes in the Con- and other facilities, participation in fulfilling until expended: Provided, That of the total sums sumer Price Index for All Urban Consumers related Federal responsibilities to Native Ameri- appropriated, the amount of program activities published by the Bureau of Labor Statistics of cans, and related grants to, and cooperative and that can be financed by the Reclamation Fund the Department of Labor. other agreements with, State and local govern- shall be derived from that Fund. (b) VOLUNTARY CONTRIBUTIONS.—Nothing in ments, Indian tribes, and others, $678,450,000, to CENTRAL VALLEY PROJECT RESTORATION FUND this section precludes the use of voluntary fi- remain available until expended, of which For carrying out the programs, projects, nancial contributions (except power revenues) to $1,916,000 shall be available for transfer to the plans, and habitat restoration, improvement, the Adaptive Management Program that may be Upper Colorado River Basin Fund and and acquisition provisions of the Central Valley authorized by law. $39,467,000 shall be available for transfer to the Project Improvement Act, $38,382,000, to be de- (c) ACTIVITIES TO BE FUNDED.—The activities Lower Colorado River Basin Development Fund; rived from such sums as may be collected in the to be funded as provided under subsection (a) of which such amounts as may be necessary Central Valley Project Restoration Fund pursu- include activities required to meet the require- may be advanced to the Colorado River Dam ant to sections 3407(d), 3404(c)(3), 3405(f ), and ments of section 1802(a) and subsections (a) and Fund; of which $16,000,000 shall be for on-res- 3406(c)(1) of Public Law 102–575, to remain (b) of section 1805 of the Grand Canyon Protec- ervation water development, feasibility studies, available until expended: Provided, That the tion Act of 1992 (106 Stat. 4672), including the and related administrative costs under Public Bureau of Reclamation is directed to assess and requirements of the Biological Opinion on the Law 106–163; of which not more than 25 percent collect the full amount of the additional mitiga- Operation of Glen Canyon Dam and activities of the amount provided for drought emergency tion and restoration payments authorized by required by the Programmatic Agreement on assistance may be used for financial assistance section 3407(d) of Public Law 102–575. Cultural and Historic Properties, to the extent for the preparation of cooperative drought con- POLICY AND ADMINISTRATION that the requirements and activities are con- tingency plans under title II of Public Law 102– For necessary expenses of policy, administra- sistent with the Grand Canyon Protection Act of 250; and of which not more than $500,000 is for tion, and related functions in the office of the 1992 (106 Stat. 4672). high priority projects which shall be carried out Commissioner, the Denver office, and offices in (d) ADDITIONAL FUNDING.—To the extent that by the Youth Conservation Corps, as authorized the five regions of the Bureau of Reclamation, funding under subsection (a) is insufficient to by 16 U.S.C. 1706: Provided, That such transfers to remain available until expended, $50,224,000, pay the costs of the monitoring and research may be increased or decreased within the overall to be derived from the Reclamation Fund and be and other activities of the Glen Canyon Dam appropriation under this heading: Provided fur- nonreimbursable as provided in 43 U.S.C. 377: Adaptive Management Program, the Secretary ther, That of the total appropriated, the amount Provided, That no part of any other appropria- of the Interior may use funding from other for program activities that can be financed by tion in this Act shall be available for activities sources, including funds appropriated for that the Reclamation Fund or the Bureau of Rec- or functions budgeted as policy and administra- purpose. All such appropriated funds shall be lamation special fee account established by 16 tion expenses. nonreimbursable and nonreturnable. SEC. 205. The Secretary of the Interior is au- U.S.C. 460l–6a(i) shall be derived from that ADMINISTRATIVE PROVISION thorized and directed to use not to exceed Fund or account: Provided further, That funds Appropriations for the Bureau of Reclamation $1,000,000 of the funds appropriated under title contributed under 43 U.S.C. 395 are available shall be available for purchase of not to exceed II to refund amounts received by the United until expended for the purposes for which con- four passenger motor vehicles for replacement States as payments for charges assessed by the tributed: Provided further, That funds advanced only. under 43 U.S.C. 397a shall be credited to this ac- Secretary prior to January 1, 1994 for failure to count and are available until expended for the GENERAL PROVISIONS file certain certification or reporting forms prior same purposes as the sums appropriated under DEPARTMENT OF THE INTERIOR to the receipt of irrigation water, pursuant to this heading: Provided further, That funds SEC. 201. None of the funds appropriated or sections 206 and 224(c) of the Reclamation Re- available for expenditure for the Departmental otherwise made available by this or any other form Act of 1982 (96 Stat. 1226, 1272; 43 U.S.C. Irrigation Drainage Program may be expended Act may be used to pay the salaries and ex- 390ff, 390ww(c)), including the amount of asso- by the Bureau of Reclamation for site remedi- penses of personnel to purchase or lease water ciated interest assessed by the Secretary and ation on a non-reimbursable basis: Provided fur- in the Middle Rio Grande or the Carlsbad paid to the United States pursuant to section ther, That section 301 of Public Law 102–250, Projects in New Mexico unless said purchase or 224(i) of the Reclamation Reform Act of 1982 (101 Reclamation States Emergency Drought Relief lease is in compliance with the purchase re- Stat. 1330–268; 43 U.S.C. 390ww(i)). Act of 1991, as amended, is amended further by quirements of section 202 of Public Law 106–60. SEC. 206. CANYON FERRY RESERVOIR, MON- inserting ‘‘2000, and 2001’’ in lieu of ‘‘and 2000’’: SEC. 202. Funds under this title for Drought TANA. (a) APPRAISALS.—Section 1004(c)(2)(B) of Provided further, That the amount authorized Emergency Assistance shall be made available title X of division C of the Omnibus Consoli- for Indian municipal, rural, and industrial primarily for leasing of water for specified dated and Emergency Supplemental Appropria- water features by section 10 of Public Law 89– drought related purposes from willing lessors, in tions Act, 1999 (112 Stat. 2681–713; 113 Stat. 108, as amended by section 8 of Public Law 99– compliance with existing State laws and admin- 1501A–307) is amended— 294, section 1701(b) of Public Law 102–575, Pub- istered under State water priority allocation. (1) in clause (i), by striking ‘‘be based on’’ lic Law 105–245, and Public Law 106–60 is in- Such leases may be entered into with an option and inserting ‘‘use’’; creased by $2,000,000 (October 1998 prices): Pro- to purchase: Provided, That such purchase is (2) in clause (vi), by striking ‘‘Notwith- vided further, That the amount authorized for approved by the State in which the purchase standing any other provision of law,’’ and in- Minidoka Project North Side Pumping Division, takes place and the purchase does not cause serting ‘‘To the extent consistent with the Uni- Idaho, by Section 5 of Public Law 81–864, is in- economic harm within the State in which the form Appraisal Standards for Federal Land Ac- creased by $2,805,000: Provided further, That the purchase is made. quisition,’’; and Reclamation Safety of Dams Act of 1978 (43 SEC. 203. Beginning in fiscal year 2001 and (3) by adding at the end the following: U.S.C. 509) is amended as follows: (1) by insert- thereafter, the Secretary of the Interior shall as- ‘‘(vii) APPLICABILITY.—This subparagraph ing in Section 4(c) after ‘‘1984,’’ and before sess and collect annually from Central Valley shall apply to the extent that its application is ‘‘costs’’ the following: ‘‘and the additional Project (CVP) water and power contractors the practicable and consistent with the Uniform Ap- $95,000,000 further authorized to be appro- sum of $540,000 (June 2000 price levels) and praisal Standards for Federal Land Acquisi- priated by amendments to that Act in 2000,’’; (2) remit, without further appropriation, the tion.’’. by inserting in section 5 after ‘‘levels),’’ and be- amount collected annually to the Trinity Public (b) TIMING.—Section 1004(f )(2) of title X of di- fore ‘‘plus’’ the following: ‘‘and, effective Octo- Utilities District (TPUD). This assessment shall vision C of the Omnibus Consolidated and Emer- ber 1, 2000, not to exceed an additional be payable 70 percent by CVP Preference Power gency Supplemental Appropriations Act, 1999 $95,000,000 (October 1, 2000, price levels),’’; and Customers and 30 percent by CVP Water Con- (112 Stat. 2681–714; 113 Stat. 1501A–308) is (3) by striking ‘‘sixty days (which’’ and all that tractors. The CVP Water Contractor share of amended by inserting after ‘‘Act,’’ the fol- follows through ‘‘day certain)’’ and inserting this assessment shall be collected by the Sec- lowing: ‘‘in accordance with all applicable ‘‘30 calendar days’’. retary through established Bureau of Reclama- law,’’. H10132 CONGRESSIONAL RECORD — HOUSE October 18, 2000

(c) INTEREST.—Section 1008(b) of title X of di- cordance with the settlement agreement. The (e) FUTURE BENEFITS.—Upon payment, the vision C of the Omnibus Consolidated and Emer- Secretary, through a coterminous exhibit to Bu- Sly Park Unit shall no longer be a Federal rec- gency Supplemental Appropriations Act, 1999 reau of Reclamation Contract No. 6–CU–30– lamation project or a unit of the Central Valley (112 Stat. 2681–717; 113 Stat. 1501A–310) is P1136, shall enter into an agreement with the Project, and the District shall not be entitled to amended by striking paragraph (4). Yuma Area Contractors which shall provide for receive any further reclamation benefits. SEC. 207. Beginning in fiscal year 2000 and furnishing annually and permanently said (f) LIABILITY.—Except as otherwise provided thereafter, any amounts provided for the power capacity and energy by said Yuma Area by law, effective on the date of conveyance of Newlands Water Rights Fund for purchasing Contractors at no cost and at no further expense the Sly Park Unit under this Act, the United and retiring water rights in the Newlands Rec- to the United States, the Indian Water Author- States shall not be liable for damages of any lamation Project shall be non-reimbursable. ity, the Bands, and the local entities. The Sec- kind arising out of any act, omission, or occur- SEC. 208. USE OF COLORADO-BIG THOMPSON retary shall authorize the Yuma Area Contrac- rence based on its prior ownership or operation PROJECT FACILITIES FOR NONPROJECT WATER.— tors to utilize Federal project use power pro- of the conveyed property. The Secretary of the Interior may enter into vided in Bureau of Reclamation Contracts num- (g) COSTS.—All costs, including interest contracts with the city of Loveland, Colorado, bered 6–CU–30–P1136, 6–CU–30–P1137, and 6– charges, associated with the Project that have or its Water and Power Department or any CU–30–P1138 for the full range of purposes been included as a reimbursable cost of the Cen- other agency, public utility, or enterprise of the served by the Yuma Area Contractors, including tral Valley Project are declared to be non- city, providing for the use of facilities of the the purpose of supplying the power capacity reimbursable and nonreturnable. Colorado-Big Thompson Project, Colorado, and energy to convey the conserved water re- TITLE III under the Act of February 21, 1911 (43 U.S.C. ferred to in paragraph (1), for so long as the DEPARTMENT OF ENERGY 523), for— Yuma Area Contractors meet their obligation to (1) the impounding, storage, and carriage of provide sufficient power capacity and energy for ENERGY PROGRAMS nonproject water originating on the eastern the conveyance of said conserved water. If for ENERGY SUPPLY slope of the Rocky Mountains for domestic, mu- any reason the Yuma Area Contractors do not For Department of Energy expenses including nicipal, industrial, and other beneficial pur- provide said power capacity and energy for the the purchase, construction and acquisition of poses; and conveyance of said conserved water, then the plant and capital equipment, and other ex- (2) the exchange of water originating on the Secretary shall furnish said power capacity and penses necessary for energy supply, and ura- eastern slope of the Rocky Mountains for the energy annually and permanently at the lowest nium supply and enrichment activities in car- purposes specified in paragraph (1), using facili- rate assigned to project use power within the ju- rying out the purposes of the Department of En- ties associated with the Colorado-Big Thompson risdiction of the Bureau of Reclamation in ac- ergy Organization Act (42 U.S.C. 7101 et seq.), Project, Colorado. cordance with Exhibit E ‘Project Use Power’ of including the acquisition or condemnation of SEC. 209. AMENDMENT TO IRRIGATION PROJECT the Agreement between Water and Power Re- any real property or any facility or for plant or CONTRACT EXTENSION ACT OF 1998.—(a) Section sources Service, Department of the Interior, and facility acquisition, construction, or expansion; 2(a) of the Irrigation Project Contract Extension Western Area Power Administration, Depart- and the purchase of not to exceed 17 passenger Act of 1998, Public Law 105–293, is amended by ment of Energy (March 26, 1980).’’. motor vehicles for replacement only, $660,574,000 striking the date ‘‘December 31, 2000’’, and in- (b) Title II of the San Luis Rey Indian Water to remain available until expended: Provided, serting in lieu thereof the date ‘‘December 31, Rights Settlement Act (Public Law 100–675; 102 That, in addition, royalties received to com- 2003’’; and Stat. 4000 et seq.) is amended by adding at the pensate the Department of Energy for its par- (b) Subsection 2(b) of the Irrigation Project end the following new section: ticipation in the First-Of-A-Kind-Engineering Contract Extension Act of 1998, Public Law 105– ‘‘SEC. 210. ANNUAL REPAYMENT INSTALLMENTS. program shall be credited to this account to be 293, is amended by— (1) striking the phrase ‘‘not to go beyond De- ‘‘During the period of planning, design, and available until September 30, 2002, for the pur- cember 31, 2001’’, and inserting in lieu thereof construction of the works and during the period poses of Nuclear Energy, Science and Tech- the phrase ‘‘not to go beyond December 31, that the Indian Water Authority and the local nology activities. 2003’’; and entities receive up to 16,000 acre-feet of the NON-DEFENSE ENVIRONMENTAL MANAGEMENT (2) striking the phrase ‘‘terminates prior to water conserved by the works, the annual re- For Department of Energy expenses, including December 31, 2000’’, and inserting in lieu thereof payment installments provided in section 102(b) the purchase, construction and acquisition of ‘‘terminates prior to December 31, 2003’’. of the Colorado River Basin Salinity Control Act plant and capital equipment and other expenses SEC. 210. Section 202 of division B, title I, (Public Law 93–320; 88 Stat. 268) shall continue necessary for non-defense environmental man- chapter 2 of Public Law 106–246 is amended by to be non-reimbursable. Nothing in this section agement activities in carrying out the purposes adding at the end the following: ‘‘This section shall affect the national obligation set forth in of the Department of Energy Organization Act shall be effective through September 30, 2001.’’. section 101(c) of such Act.’’. (42 U.S.C. 7101 et seq.), including the acquisition SEC. 211. (a) Section 106 of the San Luis Rey SEC. 212. (a) DEFINITIONS.—For the purpose of or condemnation of any real property or any fa- Indian Water Rights Settlement Act (Public Law this section, the term— cility or for plant or facility acquisition, con- 100–675; 102 Stat. 4000 et seq.) is amended by (1) ‘‘Secretary’’ means the Secretary of the In- struction or expansion, $277,812,000, to remain adding at the end the following new subsection: terior; available until expended. ‘‘(f) REQUIREMENTS TO FURNISH WATER, (2) ‘‘Sly Park Unit’’ means the Sly Park Dam URANIUM FACILITIES MAINTENANCE AND POWER CAPACITY, AND ENERGY.—Notwith- and Reservoir, Camp Creek Diversion Dam and REMEDIATION standing any other provision of law, in order to Tunnel, and conduits and canals as authorized fulfill the trust responsibility to the Bands, the under the American River Act of October 14, (INCLUDING TRANSFER OF FUNDS) Secretary, acting through the Commissioner of 1949 (63 Stat. 853), including those used to con- For necessary expenses to maintain, decon- Reclamation, shall permanently furnish annu- vey, treat, and store water delivered from Sly taminate, decommission, and otherwise reme- ally the following: Park, as well as all recreation facilities thereto; diate uranium processing facilities, $393,367,000, ‘‘(1) WATER.—16,000 acre-feet of the water and of which $345,038,000 shall be derived from the conserved by the works authorized by title II, (3) ‘‘District’’ means the El Dorado Irrigation Uranium Enrichment Decontamination and De- for the benefit of the Bands and the local enti- District. commissioning Fund, all of which shall remain ties in accordance with the settlement agree- (b) IN GENERAL.—The Secretary shall, as soon available until expended: Provided, That ment: Provided, That during construction of as practicable after date of the enactment of this $72,000,000 of amounts derived from the Fund said works, the Indian Water Authority and the Act and in accordance with all applicable law, for such expenses shall be available in accord- local entities shall receive 17 percent of any transfer all right, title, and interest in and to ance with title X, subtitle A, of the Energy Pol- water conserved by said works up to a maximum the Sly Park Unit to the District. icy Act of 1992. of 16,000 acre-feet per year. The Indian Water (c) SALE PRICE.—The Secretary is authorized SCIENCE Authority and the local entities shall pay their to receive from the District $2,000,000 to relieve For Department of Energy expenses including proportionate share of such costs as are pro- payment obligations and extinguish the debt the purchase, construction and acquisition of vided by section 203(b) of title II or are agreed under contract number 14–06–200–949IR3, and plant and capital equipment, and other ex- to by them. $9,500,000 to relieve payment obligations and ex- penses necessary for science activities in car- ‘‘(2) POWER CAPACITY AND ENERGY.—Begin- tinguish all debts associated with contracts rying out the purposes of the Department of En- ning on the date when conserved water from the numbered 14–06–200–7734, as amended by con- ergy Organization Act (42 U.S.C. 7101 et seq.), works authorized by title II first becomes avail- tracts numbered 14–06–200–4282A and 14–06–200– including the acquisition or condemnation of able, power capacity and energy through the 8536A. Notwithstanding the preceding sentence, any real property or facility or for plant or fa- Yuma Arizona Area Aggregate Power Managers the District shall continue to make payments re- cility acquisition, construction, or expansion, (Yuma Area Contractors), at no cost and at no quired by section 3407(c) of Public Law 102–575 and purchase of not to exceed 58 passenger further expense to the United States, the Indian through year 2029. motor vehicles for replacement only, Water Authority, the Bands, and the local enti- (d) CREDIT REVENUE TO PROJECT REPAY- $3,186,352,000, to remain available until ex- ties, in amounts sufficient to convey the water MENT.—Upon payment authorized under sub- pended. conserved pursuant to paragraph (1) from Lake section (b), the amount paid shall be credited to- Havasu through the Colorado River Aqueduct ward repayment of capital costs of the Central NUCLEAR WASTE DISPOSAL and to the places of use on the Bands’ reserva- Valley Project in an amount equal to the associ- For nuclear waste disposal activities to carry tions or in the local entities’ service areas in ac- ated undiscounted obligation. out the purposes of Public Law 97–425, as October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10133 amended, including the acquisition of real prop- ATOMIC ENERGY DEFENSE ACTIVITIES DEFENSE FACILITIES CLOSURE PROJECTS erty or facility construction or expansion, NATIONAL NUCLEAR SECURITY ADMINISTRATION For expenses of the Department of Energy to $191,074,000, to remain available until expended WEAPONS ACTIVITIES accelerate the closure of defense environmental and to be derived from the Nuclear Waste Fund: For Department of Energy expenses, including management sites, including the purchase, con- Provided, That not to exceed $2,500,000 may be the purchase, construction and acquisition of struction and acquisition of plant and capital provided to the State of Nevada solely for ex- plant and capital equipment and other inci- equipment and other necessary expenses, penditures, other than salaries and expenses of dental expenses necessary for atomic energy de- $1,082,714,000, to remain available until ex- State employees, to conduct scientific oversight fense weapons activities in carrying out the pur- pended. responsibilities pursuant to the Nuclear Waste poses of the Department of Energy Organization DEFENSE ENVIRONMENTAL MANAGEMENT Policy Act of 1982, Public Law 97–425, as amend- Act (42 U.S.C. 7101 et seq.), including the acqui- PRIVATIZATION ed: Provided further, That $6,000,000 shall be sition or condemnation of any real property or For Department of Energy expenses for privat- provided to affected units of local governments, any facility or for plant or facility acquisition, ization projects necessary for atomic energy de- construction, or expansion; and the purchase of as defined in Public Law 97–425, to conduct ap- fense environmental management activities au- passenger motor vehicles (not to exceed 12 for re- propriate activities pursuant to the Act: Pro- thorized by the Department of Energy Organiza- placement only), $5,015,186,000, to remain avail- vided further, That the distribution of the funds tion Act (42 U.S.C. 7101 et seq.), $65,000,000, to able until expended: Provided, That, as determined by the units of local government remain available until expended. shall be approved by the Department of Energy: $130,000,000 shall be immediately available for OTHER DEFENSE ACTIVITIES Provided further, That the funds for the State Project 96–D–111, the National Ignition Facility of Nevada shall be made available solely to the at Lawrence Livermore National Laboratory: For Department of Energy expenses, including Nevada Division of Emergency Management by Provided further, That $69,100,000 shall be the purchase, construction and acquisition of direct payment and units of local government by available only upon a certification by the Ad- plant and capital equipment and other expenses direct payment: Provided further, That within ministrator of the National Nuclear Security Ad- necessary for atomic energy defense, other de- ministration to the Congress after March 31, 90 days of the completion of each Federal fiscal fense activities, in carrying out the purposes of 2001, that: (a) includes a recommendation on an year, the Nevada Division of Emergency Man- the Department of Energy Organization Act (42 appropriate path forward for the project; (b) agement and the Governor of the State of Ne- U.S.C. 7101 et seq.), including the acquisition or certifies all established project and scientific vada and each local entity shall provide certifi- condemnation of any real property or any facil- milestones have been met on schedule and on ity or for plant or facility acquisition, construc- cation to the Department of Energy that all cost; (c) certifies the first and second quarter tion, or expansion, $585,755,000, to remain avail- funds expended from such payments have been project reviews in fiscal year 2001 determined able until expended, of which $17,000,000 shall expended for activities authorized by Public the project to be on schedule and cost; (d) in- be for the Department of Energy Employees Law 97–425 and this Act. Failure to provide cludes a study of requirements for and alter- Compensation Initiative upon enactment of au- such certification shall cause such entity to be natives to a 192 beam ignition facility for main- thorization legislation into law. prohibited from any further funding provided taining the safety and reliability of the current DEFENSE NUCLEAR WASTE DISPOSAL for similar activities: Provided further, That nuclear weapons stockpile; (e) certifies an inte- none of the funds herein appropriated may be: grated cost-schedule earned-value project con- For nuclear waste disposal activities to carry (1) used directly or indirectly to influence legis- trol system has been fully implemented; and (f ) out the purposes of Public Law 97–425, as lative action on any matter pending before Con- includes a 5-year budget plan for the stockpile amended, including the acquisition of real prop- gress or a State legislature or for lobbying activ- stewardship program. erty or facility construction or expansion, ity as provided in 18 U.S.C. 1913; (2) used for DEFENSE NUCLEAR NONPROLIFERATION $200,000,000, to remain available until expended. litigation expenses; or (3) used to support multi- For Department of Energy expenses, including POWER MARKETING ADMINISTRATIONS State efforts or other coalition building activi- the purchase, construction and acquisition of BONNEVILLE POWER ADMINISTRATION FUND ties inconsistent with the restrictions contained plant and capital equipment and other inci- Expenditures from the Bonneville Power Ad- in this Act: Provided further, That all proceeds dental expenses necessary for atomic energy de- ministration Fund, established pursuant to Pub- and recoveries by the Secretary in carrying out fense, Defense Nuclear Nonproliferation activi- lic Law 93–454, are approved for the Nez Perce activities authorized by the Nuclear Waste Pol- ties, in carrying out the purposes of the Depart- Tribe Resident Fish Substitution Program, the icy Act of 1982 in Public Law 97–425, as amend- ment of Energy Organization Act (42 U.S.C. 7101 Cour D’Alene Tribe Trout Production facility, ed, including but not limited to, any proceeds et seq.), including the acquisition or condemna- and for official reception and representation ex- from the sale of assets, shall be available with- tion of any real property or any facility or for penses in an amount not to exceed $1,500. out further appropriation and shall remain plant or facility acquisition, construction, or ex- During fiscal year 2001, no new direct loan ob- available until expended. pansion, $874,196,000, to remain available until ligations may be made. Section 511 of the En- expended: Provided, That not to exceed $7,000 ergy and Water Development Appropriations may be used for official reception and represen- DEPARTMENTAL ADMINISTRATION Act, 1997 (Public Law 104–206), is amended by tation expenses for national security and non- striking the last sentence and inserting ‘‘This For salaries and expenses of the Department proliferation (including transparency) activities authority shall expire January 1, 2003.’’. of Energy necessary for departmental adminis- in fiscal year 2001. tration in carrying out the purposes of the De- NAVAL REACTORS OPERATION AND MAINTENANCE, SOUTHEASTERN partment of Energy Organization Act (42 U.S.C. For Department of Energy expenses necessary POWER ADMINISTRATION 7101 et seq.), including the hire of passenger for naval reactors activities to carry out the De- For necessary expenses of operation and motor vehicles and official reception and rep- partment of Energy Organization Act (42 U.S.C. maintenance of power transmission facilities resentation expenses (not to exceed $35,000), 7101 et seq.), including the acquisition (by pur- and of marketing electric power and energy, in- $226,107,000, to remain available until expended, chase, condemnation, construction, or other- cluding transmission wheeling and ancillary plus such additional amounts as necessary to wise) of real property, plant, and capital equip- services, pursuant to the provisions of section 5 cover increases in the estimated amount of cost ment, facilities, and facility expansion, of the Flood Control Act of 1944 (16 U.S.C. 825s), of work for others notwithstanding the provi- $690,163,000, to remain available until expended. as applied to the southeastern power area, sions of the Anti-Deficiency Act (31 U.S.C. 1511 OFFICE OF THE ADMINISTRATOR $3,900,000, to remain available until expended; et seq.): Provided, That such increases in cost of For necessary expenses of the Office of the in addition, notwithstanding the provisions of work are offset by revenue increases of the same Administrator of the National Nuclear Security 31 U.S.C. 3302, amounts collected by the South- or greater amount, to remain available until ex- Administration, including official reception and eastern Power Administration pursuant to the pended: Provided further, That moneys received representation expenses (not to exceed $5,000), Flood Control Act to recover purchase power by the Department for miscellaneous revenues $10,000,000, to remain available until expended. and wheeling expenses shall be credited to this estimated to total $151,000,000 in fiscal year 2001 OTHER DEFENSE RELATED ACTIVITIES account as offsetting collections, to remain may be retained and used for operating expenses DEFENSE ENVIRONMENTAL RESTORATION AND available until expended for the sole purpose of within this account, and may remain available WASTE MANAGEMENT making purchase power and wheeling expendi- tures as follows: for fiscal year 2001, up to until expended, as authorized by section 201 of For Department of Energy expenses, including $34,463,000; for fiscal year 2002, up to Public Law 95–238, notwithstanding the provi- the purchase, construction and acquisition of $26,463,000; for fiscal year 2003, up to sions of 31 U.S.C. 3302: Provided further, That plant and capital equipment and other expenses $20,000,000; and for fiscal year 2004, up to the sum herein appropriated shall be reduced by necessary for atomic energy defense environ- $15,000,000. the amount of miscellaneous revenues received mental restoration and waste management ac- during fiscal year 2001 so as to result in a final tivities in carrying out the purposes of the De- OPERATION AND MAINTENANCE, SOUTHWESTERN fiscal year 2001 appropriation from the General partment of Energy Organization Act (42 U.S.C. POWER ADMINISTRATION Fund estimated at not more than $75,107,000. 7101 et seq.), including the acquisition or con- For necessary expenses of operation and OFFICE OF THE INSPECTOR GENERAL demnation of any real property or any facility maintenance of power transmission facilities or for plant or facility acquisition, construction, and of marketing electric power and energy, and For necessary expenses of the Office of the In- or expansion; and the purchase of 30 passenger for construction and acquisition of transmission spector General in carrying out the provisions of motor vehicles for replacement only, lines, substations and appurtenant facilities, the Inspector General Act of 1978, as amended, $4,974,476,000, to remain available until ex- and for administrative expenses, including offi- $31,500,000, to remain available until expended. pended. cial reception and representation expenses in an H10134 CONGRESSIONAL RECORD — HOUSE October 18, 2000 amount not to exceed $1,500 in carrying out the $75,000,000 are transferred to this heading and eral employees under subchapter I of chapter 57 provisions of section 5 of the Flood Control Act are hereby rescinded. of title 5, United States Code, or rates and of 1944 (16 U.S.C. 825s), as applied to the south- DEFENSE ENVIRONMENTAL MANAGEMENT amounts established by the Secretary of Energy. western power area, $28,100,000, to remain avail- PRIVATIZATION The Secretary of Energy may provide exceptions able until expended; in addition, notwith- to the reimbursement requirements of this sec- (RESCISSION) standing the provisions of 31 U.S.C. 3302, not to tion as the Secretary considers appropriate. Of the funds appropriated in Public Law 106– exceed $4,200,000 in reimbursements, to remain (c) The limitation in subsection (a) shall not 60 and prior Energy and Water Development available until expended: Provided, That apply to reimbursement of management and op- Acts for the Tank Waste Remediation System at amounts collected by the Southwestern Power erating contractor travel expenses within the Richland, Washington, $97,000,000 of unex- Administration pursuant to the Flood Control Laboratory Directed Research and Development pended balances of prior appropriations are re- Act to recover purchase power and wheeling ex- program. scinded. penses shall be credited to this account as off- SEC. 308. No funds are provided in this Act or setting collections, to remain available until ex- GENERAL PROVISIONS any other Act for the Administrator of the Bon- pended for the sole purpose of making purchase DEPARTMENT OF ENERGY neville Power Administration to enter into any power and wheeling expenditures as follows: for SEC. 301. (a) None of the funds appropriated agreement to perform energy efficiency services fiscal year 2001, up to $288,000; for fiscal year by this Act may be used to award a management outside the legally defined Bonneville service 2002, up to $288,000; for fiscal year 2003, up to and operating contract unless such contract is territory, with the exception of services provided $288,000; and for fiscal year 2004, up to $288,000. awarded using competitive procedures or the internationally, including services provided on a CONSTRUCTION, REHABILITATION, OPERATION AND Secretary of Energy grants, on a case-by-case reimbursable basis, unless the Administrator cer- MAINTENANCE, WESTERN AREA POWER ADMINIS- basis, a waiver to allow for such a deviation. tifies that such services are not available from TRATION The Secretary may not delegate the authority to private sector businesses. For carrying out the functions authorized by grant such a waiver. SEC. 309. None of the funds in this Act may be title III, section 302(a)(1)(E) of the Act of Au- (b) At least 60 days before a contract award, used to dispose of transuranic waste in the gust 4, 1977 (42 U.S.C. 7152), and other related amendment, or modification for which the Sec- Waste Isolation Pilot Plant which contains con- activities including conservation and renewable retary intends to grant such a waiver, the Sec- centrations of plutonium in excess of 20 percent resources programs as authorized, including of- retary shall submit to the Subcommittees on En- by weight for the aggregate of any material cat- ficial reception and representation expenses in ergy and Water Development of the Committees egory on the date of enactment of this Act, or is an amount not to exceed $1,500, $165,830,000, to on Appropriations of the House of Representa- generated after such date. For the purposes of remain available until expended, of which tives and the Senate a report notifying the sub- this section, the material categories of trans- $154,616,000 shall be derived from the Depart- committees of the waiver and setting forth the uranic waste at the Rocky Flats Environmental ment of the Interior Reclamation Fund: Pro- reasons for the waiver. Technology Site include: (1) ash residues; (2) vided, That of the amount herein appropriated, SEC. 302. None of the funds appropriated by salt residues; (3) wet residues; (4) direct repack- $5,950,000 is for deposit into the Utah Reclama- this Act may be used to— age residues; and (5) scrub alloy as referenced in tion Mitigation and Conservation Account pur- (1) develop or implement a workforce restruc- the ‘‘Final Environmental Impact Statement on suant to title IV of the Reclamation Projects Au- turing plan that covers employees of the Depart- Management of Certain Plutonium Residues thorization and Adjustment Act of 1992: Pro- ment of Energy; or and Scrub Alloy Stored at the Rocky Flats Envi- vided further, That amounts collected by the (2) provide enhanced severance payments or ronmental Technology Site’’. Western Area Power Administration pursuant to other benefits for employees of the Department SEC. 310. The Administrator of the National the Flood Control Act of 1944 and the Reclama- of Energy, Nuclear Security Administration may authorize tion Project Act of 1939 to recover purchase the plant manager of a covered nuclear weapons power and wheeling expenses shall be credited under section 3161 of the National Defense Au- production plant to engage in research, develop- to this account as offsetting collections, to re- thorization Act for Fiscal Year 1993 (Public Law ment, and demonstration activities with respect main available until expended for the sole pur- 102–484; 106 Stat. 2644; 42 U.S.C. 7274h). to the engineering and manufacturing capabili- pose of making purchase power and wheeling SEC. 303. None of the funds appropriated by expenditures as follows: for fiscal year 2001, up this Act may be used to augment the $24,500,000 ties at such plant in order to maintain and en- to $65,224,000; for fiscal year 2002, up to made available for obligation by this Act for sev- hance such capabilities at such plant: Provided, $33,500,000; for fiscal year 2003, up to erance payments and other benefits and commu- That of the amount allocated to a covered nu- $30,000,000; and for fiscal year 2004, up to nity assistance grants under section 3161 of the clear weapons production plant each fiscal year $20,000,000. National Defense Authorization Act for Fiscal from amounts available to the Department of Year 1993 (Public Law 102–484; 106 Stat. 2644; 42 Energy for such fiscal year for national security FALCON AND AMISTAD OPERATING AND U.S.C. 7274h) unless the Department of Energy programs, not more than an amount equal to 2 MAINTENANCE FUND submits a reprogramming request subject to ap- percent of such amount may be used for these For operation, maintenance, and emergency proval by the appropriate Congressional com- activities: Provided further, That for purposes costs for the hydroelectric facilities at the Fal- mittees. of this section, the term ‘‘covered nuclear weap- con and Amistad Dams, $2,670,000, to remain SEC. 304. None of the funds appropriated by ons production plant’’ means the following: available until expended, and to be derived from this Act may be used to prepare or initiate Re- (1) The Kansas City Plant, Kansas City, Mis- the Falcon and Amistad Operating and Mainte- quests For Proposals (RFPs) for a program if souri. nance Fund of the Western Area Power Admin- the program has not been funded by Congress. (2) The Y–12 Plant, Oak Ridge, Tennessee. istration, as provided in section 423 of the For- (3) The Pantex Plant, Amarillo, Texas. eign Relations Authorization Act, Fiscal Years (TRANSFERS OF UNEXPENDED BALANCES) (4) The Savannah River Plant, South Caro- 1994 and 1995. SEC. 305. The unexpended balances of prior appropriations provided for activities in this Act lina. FEDERAL ENERGY REGULATORY COMMISSION may be transferred to appropriation accounts SEC. 311. Notwithstanding any other law, and SALARIES AND EXPENSES for such activities established pursuant to this without fiscal year limitation, each Federal For necessary expenses of the Federal Energy title. Balances so transferred may be merged Power Marketing Administration is authorized Regulatory Commission to carry out the provi- with funds in the applicable established ac- to engage in activities and solicit, undertake sions of the Department of Energy Organization counts and thereafter may be accounted for as and review studies and proposals relating to the Act (42 U.S.C. 7101 et seq.), including services as one fund for the same time period as originally formation and operation of a regional trans- authorized by 5 U.S.C. 3109, the hire of pas- enacted. mission organization. senger motor vehicles, and official reception and SEC. 306. Of the funds in this Act provided to SEC. 312. Not more than $10,000,000 of funds representation expenses (not to exceed $3,000), government-owned, contractor-operated labora- previously appropriated for interim waste stor- $175,200,000, to remain available until expended: tories, not to exceed 6 percent shall be available age activities for Defense Nuclear Waste Dis- Provided, That notwithstanding any other pro- to be used for Laboratory Directed Research and posal in Public Law 104–46, the Energy and vision of law, not to exceed $175,200,000 of reve- Development. Water Development Appropriations Act, 1996, nues from fees and annual charges, and other SEC. 307. (a) Of the funds appropriated by this may be made available to the Department of En- services and collections in fiscal year 2001 shall title to the Department of Energy, not more ergy upon written certification by the Secretary be retained and used for necessary expenses in than $185,000,000 shall be available for reim- of Energy to the House and Senate Committees this account, and shall remain available until bursement of management and operating con- on Appropriations that the Site Recommenda- expended: Provided further, That the sum here- tractor travel expenses, of which $10,000,000 is tion Report cannot be completed on time with- in appropriated from the General Fund shall be available for use by the Chief Financial Officer out additional funding. reduced as revenues are received during fiscal of the Department of Energy for emergency SEC. 313. TERM OF OFFICE OF PERSON FIRST year 2001 so as to result in a final fiscal year travel expenses. APPOINTED AS UNDER SECRETARY FOR NUCLEAR 2001 appropriation from the General Fund esti- (b) Funds appropriated by this title to the De- SECURITY OF THE DEPARTMENT OF ENERGY. (a) mated at not more than $0. partment of Energy may be used to reimburse a LENGTH OF TERM.—The term of office as Under RESCISSIONS Department of Energy management and oper- Secretary for Nuclear Security of the Depart- DEFENSE NUCLEAR WASTE DISPOSAL ating contractor for travel costs of its employees ment of Energy of the first person appointed to (RESCISSION) under the contract only to the extent that the that position shall be 3 years. Of the funds appropriated in Public Law 104– contractor applies to its employees the same (b) EXCLUSIVE REASONS FOR REMOVAL.—The 46 for interim storage of nuclear waste, rates and amounts as those that apply to Fed- exclusive reasons for removal from office as October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10135

Under Secretary for Nuclear Security of the per- DEFENSE NUCLEAR FACILITIES SAFETY BOARD lines, trails, and bridges in Pueblo and Los Ala- son described in subsection (a) shall be ineffi- SALARIES AND EXPENSES mos Canyons downstream of Diamond Drive in ciency, neglect of duty, or malfeasance in office. For necessary expenses of the Defense Nuclear New Mexico: Provided, That the entire amount (c) POSITION DESCRIBED.—The position of Facilities Safety Board in carrying out activities shall be available only to the extent an official Under Secretary for Nuclear Security of the De- authorized by the Atomic Energy Act of 1954, as budget request for $203,460,000, that includes partment of Energy referred to in this section is amended by Public Law 100–456, section 1441, designation of the entire amount of the request the position established by subsection (c) of sec- $18,500,000, to remain available until expended. as an emergency requirement as defined in the tion 202 of the Department of Energy Organiza- Balanced Budget and Emergency Deficit Con- tion Act (42 U.S.C. 7132), as added by section DELTA REGIONAL AUTHORITY trol Act of 1985, as amended, is transmitted by 3202 of the National Nuclear Security Adminis- SALARIES AND EXPENSES the President to the Congress: Provided further, tration Act (title XXXII of Public Law 106–65; For necessary expenses to establish the Delta That the entire amount is designated by the 113 Stat. 954). Regional Authority and to carry out its activi- Congress as an emergency requirement pursuant SEC. 314. SCOPE OF AUTHORITY OF SECRETARY ties, $20,000,000, to remain available until ex- to section 251(b)(2)(A) of the Balanced Budget OF ENERGY TO MODIFY ORGANIZATION OF NA- pended. and Emergency Deficit Control Act of 1985, as TIONAL NUCLEAR SECURITY ADMINISTRATION. (a) DENALI COMMISSION amended. SCOPE OF AUTHORITY.—Subtitle A of the Na- For expenses of the Denali Commission in- INDEPENDENT AGENCIES tional Nuclear Security Administration Act (title cluding the purchase, construction and acquisi- APPALACHIAN REGIONAL COMMISSION XXXII of Public Law 106–65; 113 Stat. 957; 50 tion of plant and capital equipment as nec- For necessary expenses to carry out the pro- U.S.C. 2401 et seq.) is amended by adding at the essary and other expenses, $30,000,000, to remain grams authorized by the Appalachian Regional end the following new section: available until expended. Development Act of 1965, as amended, ‘‘SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY NUCLEAR REGULATORY COMMISSION $11,000,000, to remain available until expended, OF ENERGY TO MODIFY ORGANIZA- which shall be available only to the extent an TION OF ADMINISTRATION. SALARIES AND EXPENSES official budget request for $11,000,000, that in- ‘‘Notwithstanding the authority granted by For necessary expenses of the Commission in cludes designation of the entire amount of the section 643 of the Department of Energy Organi- carrying out the purposes of the Energy Reorga- request as an emergency requirement as defined zation Act (42 U.S.C. 7253) or any other provi- nization Act of 1974, as amended, and the Atom- in the Balanced Budget and Emergency Deficit sion of law, the Secretary of Energy may not es- ic Energy Act of 1954, as amended, including of- Control Act of 1985, as amended, is transmitted tablish, abolish, alter, consolidate, or dis- ficial representation expenses (not to exceed by the President to the Congress: Provided, That continue any organizational unit or component, $15,000), $481,900,000, to remain available until the entire amount is designated by the Congress or transfer any function, of the Administration, expended: Provided, That of the amount appro- as an emergency requirement pursuant to sec- except as authorized by subsection (b) or (c) of priated herein, $21,600,000 shall be derived from tion 251(b)(2)(A) of the Balanced Budget and section 3291.’’. the Nuclear Waste Fund: Provided further, That Emergency Deficit Control Act of 1985, as (b) CONFORMING AMENDMENTS.—Section 643 of revenues from licensing fees, inspection services, amended. the Department of Energy Organization Act (42 and other services and collections estimated at U.S.C. 7253) is amended— $447,958,000 in fiscal year 2001 shall be retained TITLE VI (1) by striking ‘‘The Secretary’’ and inserting and used for necessary salaries and expenses in GENERAL PROVISIONS ‘‘(a) Subject to subsection (b), the Secretary’’; this account, notwithstanding 31 U.S.C. 3302, SEC. 601. None of the funds appropriated by and and shall remain available until expended: Pro- this Act may be used in any way, directly or in- (2) by adding at the end the following new vided further, That $3,200,000 of the funds here- directly, to influence congressional action on subsection: in appropriated for regulatory reviews and as- any legislation or appropriation matters pend- ‘‘(b) The authority of the Secretary to estab- sistance to other Federal agencies and States ing before Congress, other than to communicate lish, abolish, alter, consolidate, or discontinue shall be excluded from license fee revenues, not- to Members of Congress as described in section any organizational unit or component of the withstanding 42 U.S.C. 2214: Provided further, 1913 of title 18, United States Code. National Nuclear Security Administration is That the sum herein appropriated shall be re- SEC. 602. (a) PURCHASE OF AMERICAN-MADE governed by the provisions of section 3219 of the duced by the amount of revenues received dur- EQUIPMENT AND PRODUCTS.—It is the sense of National Nuclear Security Administration Act ing fiscal year 2001 so as to result in a final fis- the Congress that, to the greatest extent prac- (title XXXII of Public Law 106–65).’’. cal year 2001 appropriation estimated at not ticable, all equipment and products purchased SEC. 315. PROHIBITION ON PAY OF PERSONNEL more than $33,942,000. with funds made available in this Act should be ENGAGED IN CONCURRENT SERVICE OR DUTIES IN- American-made. OFFICE OF INSPECTOR GENERAL SIDE AND OUTSIDE NATIONAL NUCLEAR SECURITY (b) NOTICE REQUIREMENT.—In providing fi- ADMINISTRATION.—Subtitle C of the National For necessary expenses of the Office of In- nancial assistance to, or entering into any con- Nuclear Security Administration Act (title spector General in carrying out the provisions of tract with, any entity using funds made avail- XXXII of Public Law 106–65; 50 U.S.C. 2441 et the Inspector General Act of 1978, as amended, able in this Act, the head of each Federal agen- seq.) is amended by adding at the end the fol- $5,500,000, to remain available until expended: cy, to the greatest extent practicable, shall pro- lowing new section: Provided, That revenues from licensing fees, in- vide to such entity a notice describing the state- spection services, and other services and collec- ‘‘SEC. 3245. PROHIBITION ON PAY OF PERSONNEL ment made in subsection (a) by the Congress. ENGAGED IN CONCURRENT SERVICE tions estimated at $5,390,000 in fiscal year 2001 (c) PROHIBITION OF CONTRACTS WITH PERSONS OR DUTIES INSIDE AND OUTSIDE AD- shall be retained and be available until ex- FALSELY LABELING PRODUCTS AS MADE IN MINISTRATION. pended, for necessary salaries and expenses in AMERICA.—If it has been finally determined by ‘‘(a) Except as otherwise expressly provided by this account notwithstanding 31 U.S.C. 3302: a court or Federal agency that any person in- statute, no funds authorized to be appropriated Provided further, That the sum herein appro- tentionally affixed a label bearing a ‘‘Made in or otherwise made available for the Department priated shall be reduced by the amount of reve- America’’ inscription, or any inscription with of Energy may be obligated or utilized to pay nues received during fiscal year 2001 so as to re- the same meaning, to any product sold in or the basic pay of an officer or employee of the sult in a final fiscal year 2001 appropriation es- shipped to the United States that is not made in Department of Energy who— timated at not more than $110,000. the United States, the person shall be ineligible ‘‘(1) serves concurrently in a position in the NUCLEAR WASTE TECHNICAL REVIEW BOARD to receive any contract or subcontract made Administration and a position outside the Ad- with funds made available in this Act, pursuant SALARIES AND EXPENSES ministration; or to the debarment, suspension, and ineligibility For necessary expenses of the Nuclear Waste ‘‘(2) performs concurrently the duties of a po- procedures described in sections 9.400 through Technical Review Board, as authorized by Pub- sition in the Administration and the duties of a 9.409 of title 48, Code of Federal Regulations. lic Law 100–203, section 5051, $2,900,000, to be position outside the Administration. SEC. 603. (a) None of the funds appropriated ‘‘(b) The provision of this section shall take derived from the Nuclear Waste Fund, and to or otherwise made available by this Act may be effect 60 days after the date of enactment of this remain available until expended. used to determine the final point of discharge section.’’. TITLE V for the interceptor drain for the San Luis Unit TITLE IV FISCAL YEAR 2001 EMERGENCY until development by the Secretary of the Inte- rior and the State of California of a plan, which INDEPENDENT AGENCIES APPROPRIATIONS DEPARTMENT OF ENERGY shall conform to the water quality standards of APPALACHIAN REGIONAL COMMISSION the State of California as approved by the Ad- ATOMIC ENERGY DEFENSE ACTIVITIES For expenses necessary to carry out the pro- ministrator of the Environmental Protection grams authorized by the Appalachian Regional CERRO GRANDE FIRE ACTIVITIES Agency, to minimize any detrimental effect of Development Act of 1965, as amended, for nec- For necessary expenses to remediate damaged the San Luis drainage waters. essary expenses for the Federal Co-Chairman Department of Energy facilities and for other (b) The costs of the Kesterson Reservoir and the alternate on the Appalachian Regional expenses associated with the Cerro Grande fire, Cleanup Program and the costs of the San Joa- Commission, for payment of the Federal share of $203,460,000, to remain available until expended, quin Valley Drainage Program shall be classi- the administrative expenses of the Commission, of which $2,000,000 shall be made available to fied by the Secretary of the Interior as reimburs- including services as authorized by 5 U.S.C. the United States Army Corps of Engineers to able or nonreimbursable and collected until 3109, and hire of passenger motor vehicles, undertake immediate measures to provide ero- fully repaid pursuant to the ‘‘Cleanup Pro- $66,400,000, to remain available until expended. sion control and sediment protection to sewage gram—Alternative Repayment Plan’’ and the H10136 CONGRESSIONAL RECORD — HOUSE October 18, 2000 ‘‘SJVDP—Alternative Repayment Plan’’ de- (B) by striking paragraph (2) and inserting neers. Additional items of conference are dis- scribed in the report entitled ‘‘Repayment Re- the following: cussed below. port, Kesterson Reservoir Cleanup Program and ‘‘(2) AGGREGATE AMOUNT OF CHARGES.— GENERAL INVESTIGATIONS San Joaquin Valley Drainage Program, Feb- ‘‘(A) IN GENERAL.—The aggregate amount of The conference agreement appropriates ruary 1995’’, prepared by the Department of the the annual charges collected from all licensees $160,038,000 for General Investigations in- Interior, Bureau of Reclamation. Any future ob- and certificate holders in a fiscal year shall stead of $153,327,000 as proposed by the House ligations of funds by the United States relating equal an amount that approximates the percent- and $139,219,000 as proposed by the Senate. ages of the budget authority of the Commission to, or providing for, drainage service or drain- Within available funds, $50,000 is provided for the fiscal year stated in subparagraph (B), age studies for the San Luis Unit shall be fully for erosion control studies in the Harding less— reimbursable by San Luis Unit beneficiaries of Lake watershed in Alaska. The conference ‘‘(i) amounts collected under subsection (b) such service or studies pursuant to Federal Rec- agreement deletes the bill language proposed during the fiscal year; and lamation law. by the Senate for this project. ‘‘(ii) amounts appropriated to the Commission SEC. 604. None of the funds appropriated by The conference agreement does not include from the Nuclear Waste Fund for the fiscal this Act shall be used to propose or issue rules, funds proposed by the House in this account year. regulations, decrees, or orders for the purpose of for the Hamilton Airfield Wetlands Restora- ‘‘(B) PERCENTAGES.—The percentages referred implementation, or in preparation for implemen- tion project in California and the Ohio River to in subparagraph (A) are— tation, of the Kyoto Protocol which was adopted Greenway project in Indiana. Funding for ‘‘(i) 98 percent for fiscal year 2001; on December 11, 1997, in Kyoto, Japan at the these projects is included in the Construc- Third Conference of the Parties to the United ‘‘(ii) 96 percent for fiscal year 2002; ‘‘(iii) 94 percent for fiscal year 2003; tion, General account. The conference agree- Nations Framework Convention on Climate ment does not include funds in this account Change, which has not been submitted to the ‘‘(iv) 92 percent for fiscal year 2004; and ‘‘(v) 90 percent for fiscal year 2005.’’. for the White River, Muncie, Indiana, Senate for advice and consent to ratification project. Funding for this project has been in- pursuant to article II, section 2, clause 2, of the This Act may be cited as the ‘‘Energy and Water Development Appropriations Act, 2001’’. cluded within the amount provided for the United States Constitution, and which has not Section 1135 program. entered into force pursuant to article 25 of the ENERGY AND WATER DEVELOPMENT The conference agreement includes $150,000 Protocol. APPROPRIATIONS for the Corps of Engineers to undertake stud- SEC. 605. FUNDING OF THE COASTAL WETLANDS Following is explanatory language on H.R. ies of potential navigational improvements, PLANNING, PROTECTION AND RESTORATION ACT. 5483, as introduced on October 18, 2000. shoreline protection, and breakwater protec- Section 4(a) of the Act of August 9, 1950 (16 The conferees on H.R. 4635 agree with the tion at the ports of Rota and Tinian in the U.S.C. 777c(a)), is amended in the second sen- matter included in H.R. 5483 and enacted in Commonwealth of the Northern Mariana Is- tence by striking ‘‘2000’’ and inserting ‘‘2009’’. this conference report by reference and the lands. SEC. 606. REDESIGNATION OF INTERSTATE SANI- following description of it. This bill was de- The conferees have provided $200,000 for the TATION COMMISSION AND DISTRICT. (a) INTER- veloped through negotiations by sub- Corps of Engineers to initiate and complete STATE SANITATION COMMISSION.— committee members of the Energy and a comprehensive water management recon- (1) IN GENERAL.—The district known as the Water Development Subcommittees of the naissance study for ecosystem restoration ‘‘Interstate Sanitation Commission’’, established House and Senate on the differences in H.R. and related purposes in the St. Clair River by article III of the Tri-State Compact described 4733, a bill that was vetoed. That vetoed bill and Lake St. Clair watersheds in Michigan in the Resolution entitled, ‘‘A Joint Resolution has been modified and is included in this pursuant to section 426 of the Water Re- granting the consent of Congress to the States of conference report. References in the fol- sources Development Act of 1999. New York, New Jersey, and Connecticut to enter lowing description to the ‘‘conference agree- Within the amount provided for Research into a compact for the creation of the Interstate ment’’ mean the matter included in the in- and Development, $200,000 is provided for a Sanitation District and the establishment of the troduced bill enacted by this conference re- topographic/bathymetric mapping project for Interstate Sanitation Commission’’, approved port. References to the House bill mean the Coastal Louisiana in cooperation with the August 27, 1935 (49 Stat. 933), is redesignated as House passed version of H.R. 4733. References National Oceanic and Atmospheric Adminis- the ‘‘Interstate Environmental Commission’’. to the Senate bill mean the Senate passed tration at the interagency Federal labora- (2) REFERENCES.—Any reference in a law, reg- version of H.R. 4733, not the Senate passed tory in Lafayette, Louisiana. The conference ulation, map, document, paper, or other record version of H.R. 4635, unless otherwise stated. agreement does not include bill language of the United States to the Interstate Sanitation The language and allocations set forth in proposed by the Senate for this work. The Commission shall be deemed to be a reference to House Report 106–693 and Senate Report 106– conferees also urge the Corps of Engineers to the Interstate Environmental Commission. 395 should be complied with unless specifi- use available Research and Development (b) INTERSTATE SANITATION DISTRICT.— cally addressed to the contrary in the con- funds for a review of innovative dredging (1) IN GENERAL.—The district known as the ference report and statement of the man- technologies for potential implementation in ‘‘Interstate Sanitation District’’, established by agers. Report language included by the article II of the Tri-State Compact described in the Peoria Lakes, Illinois, area. House which is not contradicted by the re- The conference agreement includes lan- the Resolution entitled, ‘‘A Joint Resolution port of the Senate or the statement of the guage proposed by the House and the Senate granting the consent of Congress to the States of managers, and Senate report language which which provides that in conducting the New York, New Jersey, and Connecticut to enter is not contradicted by the report of the Southwest Valley Flood Damage Reduction, into a compact for the creation of the Interstate House or the statement of the managers is Albuquerque, New Mexico, study, the Corps Sanitation District and the establishment of the approved by the committee of conference. of Engineers shall include an evaluation of Interstate Sanitation Commission’’, approved The statement of the managers, while re- flood damage reduction measures that would August 27, 1935 (49 Stat. 932), is redesignated as peating some report language for emphasis, otherwise be excluded from the feasibility the ‘‘Interstate Environmental District’’. does not intend to negate the language re- analysis based on policies regarding the fre- (2) REFERENCES.—Any reference in a law, reg- ferred to above unless expressly provided quency of flooding, the drainage area, and ulation, map, document, paper, or other record herein. In cases where both the House report of the United States to the Interstate Sanitation the amount of runoff. and Senate report address a particular issue The conferees have agreed to include lan- District shall be deemed to be a reference to the not specifically addressed in the conference Interstate Environmental District. guage in the bill which directs the Corps of report or joint statement of managers, the Engineers to use $750,000 to continue TITLE VII conferees have determined that the House preconstruction engineering and design of DEPARTMENT OF THE TREASURY and Senate reports are not inconsistent and the Murrieta Creek, California, flood control BUREAU OF THE PUBLIC DEBT are to be interpreted accordingly. In cases in project in accordance with Alternative 6, as which the House or Senate have directed the GIFTS TO THE UNITED STATES FOR REDUCTION OF identified in the Murrieta Creek Feasibility submission of a report, such report is to be THE PUBLIC DEBT Report and Environmental Impact State- submitted to both House and Senate Com- For deposit of an additional amount for fiscal ment dated June 2000. mittees on Appropriations. year 2001 into the account established under The conference agreement deletes bill lan- Senate amendment: The Senate deleted section 3113(d) of title 31, United States Code, to guage proposed by the Senate providing the entire House bill after the enacting reduce the public debt, $5,000,000,000. funds for the John Glenn Great Lakes Basin clause and inserted the Senate bill. The con- Program, the Detroit River, Michigan, TITLE VIII ference agreement includes a revised bill. project, and the Niobrara River and Missouri NUCLEAR REGULATORY COMMISSION TITLE I River, South Dakota, project. Funds for Section 6101 of the Omnibus Budget Reconcili- DEPARTMENT OF DEFENSE—CIVIL these projects have been included in the ation Act of 1990 (42 U.S.C. 2214) is amended— overall amount provided for General Inves- DEPARTMENT OF THE ARMY (1) in subsection (a)(3), by striking ‘‘September tigations. 30, 1999’’ and inserting ‘‘September 20, 2005’’; CORPS OF ENGINEERS—CIVIL The conference agreement does not include and The summary tables at the end of this title language proposed by the Senate providing (2) in subsection (c)— set forth the conference agreement with re- funds for the selection of a permanent dis- (A) in paragraph (1), by inserting ‘‘or certifi- spect to the individual appropriations, pro- posal site for environmentally sound dredged cate holder’’ after ‘‘licensee’’; and grams, and activities of the Corps of Engi- material from navigation projects in the October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10137 State of Rhode Island. Funds for this work ment Act of 1999; and $300,000 for water re- thorized by section 595 of the Water Re- have been provided within the amount appro- lated infrastructure projects in Lake and sources Development Act of 1999. Of the priated for Operation and Maintenance, Gen- Porter Counties, Indiana, as authorized by amount provided, $1,500,000 is for the eral. section 502(f)(12) of the Water Resources De- Lawton-Verdi, Nevada, sewer inceptor Within the amount provided for Flood velopment Act of 1999. In addition, the con- project; $1,000,000 is for the Mesquite, Ne- Plain Management Services, the conference ference agreement includes $2,500,000 to vada, project; and $1,500,000 for the Silver agreement includes $250,000 for the Corps of carry out environmental infrastructure Springs, Nevada, sanitary sewer project. Engineers to undertake a study of drainage projects in northeastern Minnesota as au- The conferees direct the Corps of Engineers problems in the Winchester, Kentucky, area. thorized by section 569 of the Water Re- to undertake the projects listed in the House In addition, the conferees urge the Corps of sources Development Act of 1999. and Senate reports and the projects de- Engineers to complete a report on flood con- The conference agreement includes scribed below for the various continuing au- trol problems on Negro Creek at Sprague, $25,000,000 for the Corps of Engineers to de- thorities programs. The recommended fund- Washington. sign, construct, and operate water quality ing levels for those programs are as follows: Within the amount provided for Planning projects in the San Gabriel Basin of Cali- Section 206—$19,000,000; Section 204— Assistance to States, the conference agree- fornia; and $4,000,000 for the Corps of Engi- $4,000,000; Section 14—$9,000,000; Section 205— ment includes $100,000 for the Corps of Engi- neers, in coordination with other Federal $35,000,000; Section 111—$300,000; Section neers to update the daily flow model for the agencies and the Brazos River Authority, to 107—$11,000,000; Section 1135—$21,000,000; Sec- tion 103—$2,500,000; and Section 208—$600,000. Delaware River Basin. participate in investigations and projects in the Bosque and Leon Watersheds in Texas to The conferees are aware that there are fund- CONSTRUCTION, GENERAL assess the impact of the perchlorate associ- ing requirements for ongoing continuing au- The conference agreement appropriates ated with the former Naval Weapons Indus- thorities projects that may not be accommo- $1,717,199,000 for Construction, General in- trial Reserve Plant at McGregor, Texas. dated within the funds provided for each pro- stead of $1,378,430,000 as proposed by the The conference agreement includes $300,000 gram. It is not the conferees’ intent that on- House and $1,361,449,000 as proposed by the for the Corps of Engineers to continue the going projects be terminated. If additional Senate. The amount recommended by the environmental restoration pilot project at funds are needed during the year to keep on- conferees for the Corps of Engineers con- Dog River, Alabama. going work in any program on schedule, the struction program represents a significant The conference agreement includes conferees urge the Corps of Engineers to re- increase over the budget request and the $1,500,000 for a project to eliminate or con- program funds into the program within amount appropriated in fiscal year 2000. trol combined sewer overflows in the City of available funds. However, the conferees note that the budget Lebanon, New Hampshire, as authorized by Of the amount provided for the Section 14 request grossly underfunds many ongoing section 502(f)(37) of the Water Resources De- program, $580,000 is to initiate and complete construction projects, and its enactment velopment Act of 1999; $1,500,000 for environ- the planning and design analysis phase, exe- would result in increased project costs, mental infrastructure projects in Ohio au- cute a project cooperation agreement, and major delays in the completion of projects thorized in section 594 of the Water Re- initiate and complete construction for the and loss of project benefits. The conferees sources Development Act of 1999; and Rouge River, Southfield, Michigan, project. also note that the Corps of Engineers, $3,000,000 for environmental infrastructure Of the amount provided for the Section 111 through the use of unobligated balances, ex- projects in central New Mexico authorized in program, $300,000 is to prepare a shoreline pects its fiscal year 2000 construction ex- section 593 of the Water Resources Develop- stabilization study and plans and specifica- penditures to be approximately $1,600,000,000. ment Act of 1999. tions, and award a construction contract for The conferees note that the Lake Worth The conference agreement includes a total the Virginia Key, Florida, project. Inlet, Florida, sand transfer plant project is of $37,100,000 for the Levisa and Tug Forks of Of the amount provided for the Section 205 program, $100,000 is to undertake the Colum- behind schedule and expect the Corps of En- the Big Sandy River and Upper Cumberland bus, New Mexico, project; and $200,000 is to gineers to proceed with the project as expedi- River project. In addition to the amounts in- undertake the Battle Mountain, Nevada, tiously as possible. cluded in the budget request, the conference project. The conference agreement deletes Within the amount provided for the West agreement includes: $4,000,000 for the Clover the bill language proposed by the Senate for Virginia and Pennsylvania Flood Control Fork, Kentucky, element of the project; the Hay Creek project. In addition, for the Project, $1,000,000 is provided for the fol- $4,800,000 for the Middlesboro, Kentucky, ele- McKeel Brook, Dover and Rockaway Town- lowing projects within the State of Pennsyl- ment of the project; $1,000,000 for the City of ships, New Jersey, project, the funds pro- vania: Bloody Run/Everett Borough ($25,000); Cumberland, Kentucky, element of the vided are to be used to complete plans and Shoups Run/Carbon Township ($150,500); Six project; $700,000 for the Town of Martin, Ken- specifications and initiate construction of Mile Run/Coaldale ($125,000); Black Log tucky, element of the project; $4,200,000 for the Pike County, Kentucky, element of the the Morris County plan. Creek/Boroughs of Orbisonia and Rockhill Of the amount provided for the Section Furnace ($127,000); Newton Hamilton Bor- project, including $1,400,000 for additional studies along the tributaries of the Tug Fork 1135 program, $100,000 is to initiate the up- ough ($465,500); and Coal Bank Run/Coalmont land environmental restoration study for the Borough ($107,000). and the initiation of a Detailed Project Re- port for the Levisa Fork; $3,500,000 for the Virginia Key, Florida, project; $300,000 is to The conference agreement includes $150,000 prepare an environmental restoration report for the Southeastern Pennsylvania project Martin County, Kentucky, element of the project; $1,200,000 for additional studies along and prepare a project cooperation agreement for the Corps of Engineers to prepare a deci- for the White River, Muncie, Indiana, sion document to determine the Federal in- the tributaries of the Cumberland River in Bell County, Kentucky; $800,000 to continue project; $250,000 is to initiate and complete a terest in and the scope of the problems in the the detailed project report for the Buchanan preliminary restoration plan and a feasi- Logan and Feltonville sections of Philadel- County, Virginia, element of the project; bility report for the Sand Creek, Newton, phia, Pennsylvania. $700,000 to continue the detailed project re- Kansas, project; and $200,000 is to initiate the The conferees direct the Corps of Engineers port for the Dickenson County, Virginia, ele- ecosystem restoration report for the Lake to use $500,000 to initiate the Hillsboro Inlet, ment of the project; $1,500,000 for the Upper Champlain Watershed, Vermont, project. In Florida, project in accordance with the Mingo County, West Virginia, element of the addition, the Corps of Engineers is directed Jacksonville District’s General Reevaluation project; $1,600,000 for the Kermit, Lower to proceed with the most cost effective solu- Report for the project dated May 2000. Mingo County (Kermit), West Virginia, ele- tion to the water quality degradation and re- The conference agreement includes ment of the project; $400,000 for the Wayne lated environmental and public impacts as- $4,000,000 for the Corps of Engineers to under- County, West Virginia, element of the sociated with the western jetty at the mouth take water related infrastructure projects in project; and $600,000 for the McDowell Coun- of the Genessee River at Rochester, New northeastern Pennsylvania as authorized by ty, West Virginia, element of the project. York. section 502(f)(11) of the Water Resources De- The conference agreement includes Of the amount provided for the Section 107 velopment Act of 1999. $7,000,000 for the Dam Safety and Seepage program, $810,000 is for construction of the The conference agreement includes $500,000 Stability Correction Program. Of the Pemiscot Harbor, Missouri, project; $3,000,000 for the Corps of Engineers to undertake amount provided, $1,000,000 is for repairs to is for construction of the Ouzinkie Harbor, water related infrastructure projects in Avis the Mississinewa Lake, Indiana, project, and Alaska, project; and $500,000 is to initiate Borough and Renovo Borough, Clinton Coun- up to $2,000,000 is for the Waterbury Dam, construction of the South Basin Inner Har- ty, Pennsylvania. Vermont, project. bor, Buffalo, New York, project. The conference agreement includes Within the funds provided for the Missouri The amount provided for the Section 206 $1,000,000 for sanitary sewer and water and River Levee System project, $227,000 is pro- program does not include funds for the Upper wastewater infrastructure projects in vided for the Unit L15 levee, the same as the Truckee River project. Funds for this project Towanencin Township, Pennsylvania, as au- budget request. With these funds, the con- are included in the Bureau of Reclamation’s thorized by section 502(f)(8) of the Water Re- ferees expect the Corps of Engineers to com- Wetlands Development Program. The sources Development Act of 1999; $3,000,000 plete engineering and design, negotiate a amount provided for the Section 206 program for a project to eliminate or control com- Project Cooperation Agreement, and initiate includes $500,000 for the Hay Creek, Roseau bined sewer overflows in the city of St. construction of the project. County, Minnesota, project. The conference Louis, Missouri, as authorized by section The conference agreement includes agreement deletes the bill language proposed 502(f)(32) of the Water Resources Develop- $4,000,000 for the Rural Nevada project au- by the Senate for the Hay Creek project. H10138 CONGRESSIONAL RECORD — HOUSE October 18, 2000 The conference agreement includes evaluation Report approved by the Chief of General, instead of $1,854,000,000 as proposed $4,000,000 for the Aquatic Plant Control pro- Engineers on May 15, 1998. by the House and $1,862,471,000 as proposed by gram. Within the amount provided, $400,000 The conference agreement includes lan- the Senate. is for aquatic weed control in Lake Cham- guage proposed by the Senate which directs The conference agreement includes plain, Vermont, $250,000 is for aquatic plant the Corps of Engineers to use $300,000 of the $6,755,000 for the Apalachicola, Chattahoo- control within the State of South Carolina, funds appropriated in the Act to reimburse chee, and Flint Rivers project in Georgia, and $100,000 is for the control and tracking of the City of Renton, Washington, for mitiga- Alabama, and Florida. The additional funds aquatic plants in the Potomac River in Vir- tion expenses incurred for the flood control above the budget request shall be used to im- ginia and Maryland. project constructed on the Cedar River at plement environmental restoration require- The conferees have included language in Renton as a result of over-dredging by the ments as specified under the certification the bill earmarking funds for the following Corps of Engineers. issued by the State of Florida under section projects in the amount specified: Elba, Ala- The conference agreement includes lan- 401 of the Federal Water Pollution Control bama, $8,400,000; Geneva, Alabama, guage proposed by the Senate subjecting the Act and dated October 1999, including $10,800,000; San Timoteo Creek (Santa Ana expenditure of previously appropriated funds $1,200,000 for increased environmental dredg- River Mainstem), California, $5,000,000; San for the Devils Lake, North Dakota, project ing and $500,000 for related environmental Gabriel Basin Groundwater Restoration, to a number of conditions. studies required by the state water quality The conference agreement includes lan- California, $25,000,000; Indianapolis Central certification. The conference agreement does guage which provides that $2,000,000 shall be not include bill language proposed by the Waterfront, Indiana, $10,000,000; Southern available for stabilization and renovation of and Eastern Kentucky, Kentucky, $4,000,000; Senate regarding this project. Lock and Dam 10 on the Kentucky River, The conferees have provided $5,071,000 for Clover Fork, Middlesboro, City of Cum- subject to the enactment of authorization berland, Town of Martin, Pike County (in- the Red Rock Dam and Lake, Iowa, project. for the project. The funds provided above the budget request cluding Levisa Fork and Tug Fork tribu- The conference agreement includes lan- taries), Bell County, Martin County, and are for repair and replacement of various guage which directs the Corps of Engineers features of the project including repair of the Harlan County, Kentucky, elements of the to use $3,000,000 to initiate construction of a Levisa and Tug Forks of the Big Sandy River scouring of the South-East Des Moines levee. navigation project at Kaumalapau Harbor, The conference agreement includes and Upper Cumberland River project, Hawaii. The project will consist of a 350-foot $10,400,000 for operation and maintenance of $20,000,000; Jackson County, Mississippi, long breakwater and a channel depth of 19 the Pascagoula Harbor, Mississippi, project. $2,000,000; Bosque and Leon Rivers, Texas, feet. The conference agreement includes $4,000,000; Upper Mingo County (including The conference agreement includes lan- $1,500,000 over the budget request for the Mingo County Tributaries), Lower Mingo guage which directs the Corps of Engineers Corps of Engineers to address impacts of re- County (Kermit), Wayne County, and to design and construct seepage control fea- cent fires, undertake habitat restoration ac- McDowell County, West Virginia, elements tures at Waterbury Dam, Winooski River, tivities, and address other essential require- of the Levisa and Tug Forks of the Big Vermont. The Dam Safety and Seepage Cor- ments at Cochiti Lake in New Mexico. Sandy River and Upper Cumberland River rection Program includes up to $2,000,000 to The conference agreement includes an ad- project, $4,100,000. initiate this work. The proposed corrective ditional $3,000,000 for the Jemez Dam, New The conference agreement includes lan- actions will restore the structural integrity Mexico, project for the Corps of Engineers to guage proposed by the House which directs of the dam and reduce the chances of poten- address the impacts of increased water re- the Corps of Engineers to proceed with the tial failure. leases required to help sustain the endan- The conference agreement includes lan- Town of Martin element of the Levisa and gered silvery minnow. Tug Forks of the Big Sandy River and Upper guage which directs the Corps of Engineers The conferees have provided an additional Cumberland River project in accordance to design and construct barge lanes at the $600,000 for the Waco Lake, Texas, project for with a Plan A as set forth in the preliminary Houston-Galveston Navigation Channels, the Corps of Engineers to address the higher draft Detailed Project Report, Appendix T of Texas, project. lake levels associated with the raising of the The conference agreement includes lan- the General Plan of the Huntington District dam. Commander. guage which directs the Corps of Engineers The conferees have provided $12,570,000 for to continue construction of the Rio Grand de The conference agreement includes lan- the Grays Harbor, Washington, project, in- Manati flood control project at Barceloneta, guage proposed by the House which directs cluding $650,000 for repair of the south jetty, Puerto Rico. the Corps of Engineers to use $900,000 to un- $1,000,000 to complete the rehabilitation of dertake the Bowie County Levee project in FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- the north jetty at Ocean Shores, and Texas, which is defined as Alternative B TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- $1,100,000 for the north jetty operations and Local Sponsor Option in the Corps of Engi- ISIANA, MISSISSIPPI, MISSOURI, AND TEN- maintenance study. neers document entitled Bowie County Local NESSEE The conference agreement includes lan- Flood Protection, Red River, Texas, project The conference agreement appropriates guage proposed by the Senate which directs Design Memorandum No. 1, Bowie County $347,731,000 for Flood Control, Mississippi the Corps of Engineers to prepare the nec- Levee, dated April 1997. River and Tributaries instead of $323,350,000 essary documents and initiate removal of The conference agreement includes lan- as proposed by the House and $334,450,000 as submerged obstructions in the area pre- guage proposed by the Senate which provides proposed by the Senate. viously marked by the Ambrose Light Tower that none of the funds appropriated in the The conference agreement includes $900,000 in New York Harbor. Act may be used to begin Phase II of the for the Southeast Arkansas feasibility study. The conference agreement deletes lan- John Day Drawdown study or to initiate a The House had proposed to fund this study in guage proposed by the Senate providing study of the drawdown of McNary Dam un- the General Investigations account. $500,000 for maintenance and repair of the less authorized by law. The conference agreement includes lan- Sakonnet Harbor breakwater in Little Comp- The conference agreement includes lan- guage proposed by the Senate which directs ton, Rhode Island. Funds for this project are guage proposed by the Senate which directs the Secretary of the Army to complete the included in the amount appropriated for Op- the Corps of Engineers to use available Con- analysis and determination regarding Fed- eration and Maintenance, General. struction, General, funds to complete design eral maintenance of the Greenville Inner The conference agreement deletes lan- and construction of the Red River Regional Harbor, Mississippi, navigation project in ac- guage proposed by the Senate providing Visitors Center in the vicinity of Shreveport, cordance with section 509 of the Water Re- $50,000 for a study of crossings across the Louisiana, at an estimated cost of $6,000,000. sources Development Act of 1996. Chesapeake and Delaware Canal. The The conference agreement includes lan- The conference agreement includes $375,000 amount provided for operation and mainte- guage proposed by the Senate which in- for construction of the Yazoo Basin Tribu- nance of the Chesapeake and Delaware Canal creases the authorization for the Norco taries project and $47,000,000 for continuing project includes $50,000 for the Corps of Engi- Bluffs, California, project. construction of Mississippi River levees. The neers to conduct a study to determine the The conference agreement includes lan- conference agreement deletes bill language adequacy and timing for maintaining good guage proposed by the Senate which directs proposed by the Senate regarding these and sufficient crossings across the canal. the Corps of Engineers to use $3,000,000 of the projects. Although the conference agreement deletes funds appropriated in the Act for additional The conference agreement includes bill language proposed by the Senate regard- emergency bank stabilization measures at $7,242,000 for operation and maintenance of ing the marketing of dredged material from Galena, Alaska, under the same terms and Arkabutla Lake; $5,280,000 for operation and the Delaware River Deepening project, the conditions as previously undertaken emer- maintenance of Grenada Lake; $7,680,000 for conferees expect the Corps of Engineers to operation and maintenance of Sardis Lake; gency bank stabilization work. establish such a program. The conference agreement includes lan- and $4,376,000 for operation and maintenance The conference agreement includes lan- guage proposed by the Senate directing the of Enid Lake. The conference agreement de- guage which directs the Corps of Engineers Corps of Engineers to use $4,200,000 appro- letes bill language proposed by the Senate to use $500,000 to dredge a channel from the priated in the Act to continue construction regarding these projects. mouth of Wheeling Creek to Tunnel Green of the Ocean Isle Beach segment of the OPERATION AND MAINTENANCE, GENERAL Park in Wheeling, West Virginia. Brunswick County Beaches, North Carolina, The conference agreement appropriates The conference agreement includes lan- project in accordance with the General Re- $1,901,959,000 for Operation and Maintenance, guage which provides that $500,000 of the October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10139 funds provided for the Columbia and Lower Remedial Action Program as proposed by the Corps of Engineers projects. The conference Willamette River below Vancouver, Wash- House and the Senate. agreement does not include language pro- ington, and Portland, Oregon, project shall The conferees concur with the language in posed by the Senate earmarking funds for be used to remove and reinstall the docks the Senate report regarding the Parks Town- the Pascagoula Harbor, Mississippi, project and causeway, in kind, at the Astoria East ship Shallow Land Disposal Area in Arm- and the Gulfport Harbor, Mississippi, Boat Basin in Oregon. strong County, Pennsylvania. project. Funds for those projects are in- The Secretary of the Army, acting through GENERAL EXPENSES cluded in the amounts appropriated for Oper- the Chief of Engineers, is authorized and di- ation and Maintenance, General, and Con- The conference agreement appropriates rected to extend the sheet pile wall on the struction, General, respectively. west end of the entrance to the Dillingham, $152,000,000 for General Expenses as proposed Alaska, small boat harbor, and to replace the by the Senate instead of $149,500,000 as pro- The conference agreement does not include existing wooden bulkhead at the city dock posed by the House. language proposed by the Senate regarding the Kihei Area Erosion project in Hawaii. It under the provisions of Public Law 99–190. REVOLVING FUND The conferees are aware of costs associated is the intent of the conferees that the Kihei The conference agreement includes lan- Area Erosion study shall include an analysis with maintaining and operating the complex guage proposed by the House and the Senate computer system used to execute and pro- of the extent and causes of the shoreline ero- which provides that amounts in the Revolv- gram activities for the entire Operation and sion. Further, a regional economic develop- ing Fund are available for the costs of relo- Maintenance program. The conferees direct ment (RED) analysis shall be included. The cating the Corps of Engineers headquarters the Corps of Engineers to specifically budget results of the RED analysis shall be dis- to the General Accounting Office building. for this computer system in future years played in all study documents along with the and, within available fiscal year 2001 funds, GENERAL PROVISIONS traditional benefit-cost analysis including pay for this effort under Operation and Main- CORPS OF ENGINEERS—CIVIL recommendations of the Chief of Engineers. tenance, General. Section 101. The conference agreement in- The conference agreement does not include The conferees are aware of a plan to im- cludes language proposed by the House which language proposed by the Senate regarding prove the effectiveness of public information provides for the transfer of responsibility of the Waikiki Erosion Control project in Ha- exhibits located within visitor centers at local sponsorship of recreation development waii. It is the intent of the conferees that Corps of Engineers projects. The initial plan at Joe Pool Lake, Texas, from the Trinity the Waikiki Erosion Control study shall in- will be developed by a multidiscipline team River Authority to the City of Grand Prai- clude an analysis of environmental resources and is scheduled to be completed this year. rie, Texas. that have been, or may be, threatened by The conferees expect the plan to be devel- erosion of the shoreline. Further, a regional oped within available Operation and Mainte- Section 102. The conference agreement in- economic development (RED) analysis shall nance, General, funds and expect implemen- cludes language proposed by the Senate tation of any plans to be justified in future which places a limit on credits and reim- be included. The results of the RED analysis budget requests. bursements allowable per project and annu- shall be displayed in all study documents ally. along with the traditional benefit-cost anal- FLOOD CONTROL AND COASTAL EMERGENCIES Section 103. The conference agreement in- ysis including recommendations of the Chief The Secretary of the Army, acting through cludes language authorizing the Corps of En- of Engineers. the Chief of Engineers, is authorized and di- gineers to construct the Murrieta Creek, The conference agreement does not include rected to extend the existing Bethel Bank California, flood control project. Stabilization project in Alaska an additional language proposed by the Senate directing Section 104. The conference agreement in- the Secretary of the Army to conduct a 1200 linear feet upstream, and to remove cludes language proposed by the Senate sediments from Brown’s Slough that hamper study to determine the need for providing which provides that none of the funds pro- safe navigation. additional crossing capacity across the vided in this Act may be used for activities Chesapeake and Delaware Canal. The con- REGULATORY PROGRAM related to the closure or removal of the St. ference agreement includes $50,000 under Op- The conference agreement appropriates Georges Bridge across the Chesapeake and eration and Maintenance, General for the $125,000,000 for the Corps of Engineers Regu- Delaware Canal in Delaware. Corps of Engineers to conduct a study to de- latory Program as proposed by the House in- Section 105. The conference agreement in- termine the adequacy and timing for main- stead of $120,000,000 as proposed by the Sen- cludes language proposed by the Senate taining good and sufficient crossings across ate. which provides that the Secretary of the the Chesapeake and Delaware Canal. The conference agreement includes lan- Army shall provide up to $7,000,000 to replace guage proposed by the House and the Senate and upgrade the dam in Kake, Alaska. The conference agreement does not include which will improve the analysis and increase Provisions not included in the conference language proposed by the Senate expressing the information available to the public and agreement.—The conference agreement does the sense of the Senate concerning dredging the Congress regarding the costs of the na- not include language proposed by the House of the main channel of the Delaware River tionwide permit program and permit proc- extending the authorization for spending and language proposed by the Senate regard- essing times. Coastal Wetlands Restoration Trust Fund re- ing the Historic Area Remediation Site. FORMERLY UTILIZED SITES REMEDIAL ACTION ceipts. This matter has been addressed in The conference agreement deletes lan- PROGRAM Title VI. The conference agreement does not guage proposed by the Senate regarding the The conference agreement appropriates include language proposed by the Senate re- Missouri River Master Water Control Man- $140,000,000 for the Formerly Utilized Sites garding the use of continuing contracts for ual. H10140 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10141 H10142 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10143 H10144 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10145 H10146 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10147 H10148 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10149 H10150 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10151 H10152 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10153 H10154 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10155 H10156 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10157 H10158 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10159 H10160 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10161 H10162 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10163 H10164 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10165 H10166 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10167 H10168 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10169 H10170 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10171 H10172 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10173 H10174 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10175 H10176 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10177 H10178 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10179 H10180 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10181 H10182 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10183 H10184 CONGRESSIONAL RECORD — HOUSE October 18, 2000 TITLE II Program of the Bureau of Reclamation, of proved in the State in which the purchase DEPARTMENT OF THE INTERIOR which $200,000 is for the Bureau to undertake takes place and does not cause economic studies, in consultation and cooperation harm in the State in which the purchase is CENTRAL UTAH PROJECT with the Jicarilla Apache Tribe, of the most made. CENTRAL UTAH PROJECT COMPLETION ACCOUNT feasible method of developing a safe and ade- Section 203. The conference agreement in- The conference agreement appropriates quate municipal, rural and industrial water cludes language proposed by the House which $39,940,000 to carry out the provisions of the supply for the residents of the Jicarilla provides authority to the Secretary of the Central Utah Project Completion Act as pro- Apache Indian Reservation in New Mexico. Interior to make an annual assessment upon posed by the House and the Senate. Of the amount provided for the Wetlands Central Valley Project water and power con- BUREAU OF RECLAMATION Development Program, $1,500,000 is provided tractors for the purpose of making an annual The summary tables at the end of this title for design and construction of the restora- payment to the Trinity Public Utilities Dis- set forth the conference agreement with re- tion of the Upper Truckee River in the vicin- trict. The language has been amended to spect to the individual appropriations, pro- ity of the airport at South Lake Tahoe, Cali- clarify that the payments to the Trinity grams and activities of the Bureau of Rec- fornia, including channel realignment, and Public Utilities District will be made with- lamation. Additional items of the conference meadow and floodplain restoration. out the need for appropriations. agreement are discussed below. The conference agreement deletes lan- Section 204. The conference agreement in- guage proposed by the House which provides WATER AND RELATED RESOURCES cludes language proposed by the Senate re- that none of the funds appropriated in the garding the activities of the Glen Canyon The conference agreement appropriates Act may be used by the Bureau of Reclama- $678,450,000 for Water and Related Resources Dam Adaptive Management Program. The tion for closure of the Auburn Dam, Cali- language in the Senate bill has been amend- instead of $635,777,000 as proposed by the fornia, diversion tunnel or restoration of the House and $655,192,000 as proposed by the ed to increase the funding limit for the pro- American River channel through the Auburn gram to not more than $7,850,000, adjusted Senate. Dam construction site. The conference agreement includes for inflation, and to not preclude voluntary The conferees have included language in $39,467,000 for the Central Arizona Project as contributions to the Adaptive Management the bill proposed by the Senate which pro- proposed by the House. Program. vides that $16,000,000 shall be available for The additional funds provided by the House Section 205. The conference agreement in- the Rocky Boys Indian Water Rights Settle- under the California Investigations Program cludes language proposed by the Senate ment project in Montana; provides that not for studies of ways to increase the reliability which authorizes and directs the Secretary more than $500,000 shall be available for of water supplies in southern Orange County, of the Interior to use not to exceed $1,000,000 projects carried out by the Youth Conserva- California, have been included under the to refund amounts received by the United tion Corps; increases the amount authorized Southern California Investigations Program. States as payments for charges assessed by for Indian municipal, rural, and industrial The conference agreement includes an ad- the Secretary prior to January 1, 1994, for water features of the Garrison Diversion ditional $1,000,000 for the Columbia and failure to file certain certification or report- project in North Dakota by $2,000,000; and Snake Rivers Salmon Recovery project. The ing forms prior to the receipt of project amends the Reclamation Safety of Dams Act additional funds may be used for water ac- water pursuant to sections 206 and 224(c) of of 1978. quisition and other actions that may be re- the Reclamation Reform Act of 1982. The conference agreement deletes bill lan- quired by Endangered Species Act biological Section 206. The conference agreement in- guage proposed by the Senate providing opinions concerning the operation and main- cludes language proposed by the Senate $2,300,000 for the Albuquerque Metropolitan tenance of Bureau of Reclamation projects. which amends the Canyon Ferry Reservoir, Area Water Reclamation and Reuse project. The conference agreement includes an in- Montana, Act. Funding for this project is included in the crease of $4,758,000 over the budget request total amount appropriated for Water and Re- Section 207. The conference agreement in- for the Middle Rio Grande project in New lated Resources. cludes language proposed by the Senate Mexico for the Bureau of Reclamation to un- which provides that beginning in fiscal year dertake research, monitoring, and modeling BUREAU OF RECLAMATION LOAN PROGRAM 2000 and thereafter, any amounts provided of evapotranspiration, implement a program ACCOUNT for the Newlands Water Rights Fund for pur- for the transplant of silvery minnow larvae The conference agreement appropriates chasing and retiring water rights in the and young-of-year, and carry out habitat $9,369,000 for the Bureau of Reclamation Newlands Reclamation Project shall be non- conservation and restoration activities along Loan Program account as proposed by the reimbursable. the middle Rio Grande River valley as speci- House and the Senate. Section 208. The conference agreement in- fied in the Senate report. Additional funding CENTRAL VALLEY PROJECT RESTORATION FUND cludes language proposed by the Senate is also provided for Bureau of Reclamation The conference agreement appropriates which permits the use of Colorado-Big participation in the recent settlement re- $38,382,000 for the Central Valley Project Thompson Project facilities for nonproject garding the recovery of the Rio Grande sil- Restoration Fund as proposed by the House water. very minnow. and the Senate. Section 209. The conference agreement in- The conference agreement includes cludes language proposed by the Senate POLICY AND ADMINISTRATION $2,960,000 for the Title XVI Water Reclama- which amends the Irrigation Project Con- tion and Reuse Program. Of the funds pro- The conference agreement appropriates tract Extension Act of 1998. vided, $500,000 is provided for the Bureau of $50,224,000 for Policy and Administration as Section 210. The conference agreement in- Reclamation to participate with the City of proposed by the Senate instead of $47,000,000 cludes a provision proposed by the Senate Espanola, New Mexico, in a feasibility study as proposed by the House. which extends through fiscal year 2001 the to investigate opportunities to reclaim and GENERAL PROVISIONS prohibition on the use of funds to further re- reuse municipal wastewater and naturally allocate Central Arizona Project water until impaired surface and groundwater, and DEPARTMENT OF THE INTERIOR the enactment of legislation authorizing and $300,000 is provided to continue the Phoenix Section 201. The conference agreement in- directing the Secretary of the Interior to Metropolitan Water Reclamation and Reuse cludes language proposed by the House which make allocations and enter into contracts (Aqua Fria) project in Arizona. In addition, provides that none of the funds appropriated for the delivery of Central Arizona Project $1,000,000 is provided for the Bureau of Rec- by this or any other Act may be used to pur- water. lamation to support the WateReuse Founda- chase or lease water in the Middle Rio tion’s research program as described in the Grande or Carlsbad projects in New Mexico Section 211. The conference agreement in- House report. unless the purchase or lease is in compliance cludes language which amends the San Luis The conferees have provided $5,000,000 for with the requirements of section 202 of Pub- Rey Indian Water Rights Settlement Act, the Drought Emergency Assistance Program lic Law 106–60. Public Law 100–675. to address the severe drought conditions Section 202. The conference agreement in- Section 212. The conference agreement in- that currently exist in New Mexico and other cludes language proposed by the Senate cludes language providing for the convey- western states. The conferees direct the at- which provides that funds for Drought Emer- ance of the Sly Park Unit in California to tention of the Bureau of Reclamation to the gency Assistance are to be used primarily for the El Dorado Irrigation District. need for the acquisition of water for the San leasing of water for specified drought related Provision not included in the conference Carlos Reservoir on the Gila River in Ari- purposes from willing lessors in compliance agreement.—The conference agreement does zona. with State laws. The language also provides not include a provision proposed by the Sen- The conference agreement includes that leases may be entered into with an op- ate related to recreation development within $8,500,000 for the Native American Affairs tion to purchase provided the purchase is ap- the State of Montana. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10185 H10186 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10187 H10188 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10189 H10190 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10191 H10192 CONGRESSIONAL RECORD — HOUSE October 18, 2000 TITLE III rected to provide a list of any centers that conference agreement includes the House DEPARTMENT OF ENERGY are funded through overhead accounts with proposal to make funds available until ex- the fiscal year 2002 budget submission. pended rather than the Senate proposal to The summary tables at the end of this title limit availability to two years. The con- set forth the conference agreement with re- REPROGRAMMINGS ference agreement does not include the Sen- spect to the individual appropriations, pro- The conference agreement does not provide ate bill language transferring funds from the grams, and activities of the Department of the Department of Energy with any internal United States Enrichment Corporation or Energy. Additional items of conference reprogramming flexibility in fiscal year 2001 earmarking funds for a variety of projects to agreement are discussed below. unless specifically identified by the House, demonstrate alternative energy tech- Senate, or conference agreement. Any re- PROJECT MANAGEMENT nologies. allocation of new or prior year budget au- The conferees strongly support the thority or prior year deobligations must be RENEWABLE ENERGY RESOURCES progress being made by the Office of Engi- submitted to the House and Senate Commit- The conference agreement provides neering and Construction Management in tees on Appropriations in advance, in writ- $422,085,000 instead of $390,519,000 as proposed bringing standardization, discipline, over- ing, and may not be implemented prior to by the House and $444,117,000 as proposed by sight, and increased professionalism to the approval by the Committees. the Senate for renewable energy resources. Department’s project management efforts. Biomass/biofuels.—The conference agree- The project engineering and design (PED) LABORATORY DIRECTED RESEARCH AND ment includes $112,900,000 for biomass/ process developed by the Department rep- DEVELOPMENT biofuels. The conferees have provided resents significant progress toward cor- The conference agreement includes an al- $26,740,000 for research to be managed by the recting serious management deficiencies lowance of six percent for the laboratory di- Office of Science, the same as the budget re- that have historically plagued the Depart- rected research and development (LDRD) quest. The conference agreement includes ment’s construction projects. The conferees program and two percent for nuclear weap- $40,000,000 for power systems and $46,160,000 believe that implementation of the PED ons production plants. Travel costs for for the transportation program. The con- process for all construction and environ- LDRD are exempt from the contractor travel ference agreement does not include prescrip- mental projects throughout the Department ceiling. The conferees direct the Depart- tive language specifying funding allocations will provide the assurance necessary to ment’s Chief Financial Officer to develop and as contained in the House and Senate re- eliminate the current requirement for an ex- execute a financial accounting report of ports. ternal independent review of all projects LDRD expenditures by laboratory and weap- The conferees encourage the Department prior to releasing funds for construction. The ons production plant. This report, due to the to continue the integrated approach to bio- conferees expect the continuation of the ex- House and Senate Committees on Appropria- energy activities and recommend the use of ternal independent review process as dis- tions by December 31, 2000, and each year up to $18,000,000 within available funds for cussed in both the House and Senate reports. thereafter, should provide costs by personnel the bioenergy initiative. Funding for this PASSENGER MOTOR VEHICLES salaries, equipment, and travel. The Depart- initiative may be derived from both the ment should work with the Committees on The conferees have provided statutory lim- power and transportation programs. the specific information to be included in the In the power program, the conference itations on the number of passenger motor report. agreement provides $2,000,000 for the Iowa vehicles that can be purchased by the De- switch grass project which is a multi-year partment of Energy in fiscal year 2001. These SAFEGUARDS AND SECURITY BUDGET project; $4,000,000 for the McNeill biomass limitations are included each year, but the AMENDMENT plant in Burlington, Vermont; $395,000 for Department has been interpreting this limi- The conferees have chosen to reflect the the final Federal contribution to the tation to mean that sport utility vehicles amounts requested for safeguards and secu- Vermont agriculture methane project; are not considered passenger motor vehicles rity funding in the manner proposed in the $500,000 for the bioreactor landfill project to and do not count against the appropriation budget amendment submitted to Congress by be administered by the Environmental Edu- ceiling. The conferees consider this to be dis- the Department. Adjustments have been cation and Research Foundation and Michi- ingenuous at best and a violation of the ap- made in each account to reflect the consoli- gan State University; $1,000,000 for methane propriations language at worst. dation of safeguards and security costs into energy and agriculture development (MEAD) The conferees expect the Department to a few major accounts and the transfer of in Tillamook Bay, Oregon; and $1,000,000 for adhere strictly to the limits set for the pur- these costs from overhead accounts to spe- the Mount Wachusett College biomass con- chase of motor vehicles. It is the intention of cific program line items. However, the con- version project in Massachusetts. the conferees in prescribing these limita- ferees do not concur with the amendment to the extent its purpose is to reorganize all The Department is to accelerate the large- tions that sport utility vehicles are to be scale biomass demonstration at the Winona, considered passenger motor vehicles and, safeguards and security functions at the De- partment under the control and direction of Mississippi, site. therefore, subject to the limitation. Further, The conference agreement provides the Office of Security and Emergency Oper- the Department is to provide a full and com- $4,000,000 in power systems to support a ations, or any other entity not part of line plete accounting of the current motor vehi- project to demonstrate a commercial facility management. The conferees agree that the cle inventory at each location. The Depart- employing the thermo-depolymerization direct responsibility for safeguards and secu- ment should work with the Committees on technology at a site adjacent to the Nevada rity must be united and integrated with the Appropriations to ensure that the report pro- Test Site. The project shall proceed on a responsibility of line operations. vides the necessary information. cost-shared basis where Federal funding CONTRACTOR TRAVEL ADDITIONAL DEPARTMENT OF ENERGY shall be matched in at least an equal amount The conference agreement includes a stat- REQUIREMENTS with non-Federal funding. utory provision limiting reimbursement of The conferees agree with the House report In the transportation program, the con- Department of Energy management and op- language on augmenting Federal staff, over- ference agreement provides $1,000,000 for con- erating contractors for travel expenses to head costs reviews and reprogramming tinuation of biomass research at the Energy not more than $185,000,000. This limitation guidelines. and Environmental Research Center on the consists of $175,000,000 for contractor travel GENERAL REDUCTIONS NECESSARY TO integration of biomass with fossil fuels for and a reserve fund of $10,000,000 to be admin- ACCOMMODATE SPECIFIC PROGRAM DIRECTIONS advanced power systems transportation istered by the Department’s Chief Financial The Department is directed to provide a re- fuels; $600,000 for the University of Louisville Officer and released for emergency travel re- port to the House and Senate Committees on to work on the design of bioreactors for pro- quirements. Appropriations by January 15, 2001, on the duction of fuels and chemicals for ethanol The Department had requested $200,000,000 actual application of any general reductions production; and $2,000,000 for the design and for contractor travel. The reduction in fiscal of funding or use of prior year balances con- construction of a demonstration facility for year 2001 is not to be prorated, but should be tained in the conference agreement. In gen- regional biomass ethanol manufacturing in applied to those organizations that appear to eral, such reductions should not be applied southeast Alaska. have the most questionable travel practices. disproportionately against any program, The conference agreement also includes This is not meant to restrict trips between project, or activity. However, the conferees $2,000,000 for the Michigan Biotechnology In- laboratories to coordinate on program are aware there may be instances where pro- stitute to be derived equally from power and issues. portional reductions would adversely impact transportation systems. Funding allocated by the Department for critical programs and other allocations may INDEPENDENT CENTERS the regional biomass program and feedstock be necessary. The report should also include The Department is to identify all inde- production should be derived equally from the distribution of the safeguards and secu- pendent centers at each DOE laboratory and the power and transportation programs. facility in the fiscal year 2002 budget submis- rity funding adjustments. Geothermal.—The conference agreement in- sion. These centers are to be funded directly ENERGY SUPPLY cludes $27,000,000 for geothermal activities. in program accounts, rather than overhead, The conference agreement provides The conference agreement does not include with the exception of those centers which $660,574,000 for Energy Supply instead of language specifying funding allocations as clearly benefit more than one program at a $616,482,000 as proposed by the House and contained in the Senate report. The con- laboratory or facility. The Department is di- $691,520,000 as proposed by the Senate. The ferees have provided $2,000,000 to complete October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10193 the Lake County Basin 2000 Geothermal industry to be led by Los Alamos and Oak partners and that total non-Federal con- project in Lake County, California. Ridge National Laboratories. tributions are equal to or in excess of total Hydrogen.—The conference agreement in- The conference agreement includes $500,000 Department contributions to projects funded cludes $29,970,000 for hydrogen activities, in- for completion of the distributed power dem- in this program. cluding $350,000 for the Montana Trade Port onstration project begun last year at the Ne- The conferees have provided $35,000,000 for Authority in Billings, Montana; $250,000 for vada Test Site. the nuclear energy research initiative. the gasification of Iowa switch grass; and Renewable Support and Implementation.— The conference agreement includes $800,000 for the ITM Syngas project. The conference agreement includes $7,500,000 for nuclear energy technologies. The conferees have also provided $2,000,000 $21,600,000 for renewable support and imple- The Senate had included these activities in for the multi-year demonstration of an un- mentation programs. the nuclear energy research initiative pro- derground mining locomotive and an earth The Federal Energy Management Program gram. Funding of $4,500,000 is provided to de- loader powered by hydrogen at existing fa- should report to the Committees on Appro- velop a road map for the commercial deploy- cilities within the State of Nevada. The dem- priations by December 31, 2001, on the ac- ment of a next generation power reactor; onstration is subject to a private sector in- complishments of the Departmental energy $1,000,000 for the preparation of a detailed as- dustry cost-share of not less than an equal management program with the fiscal year sessment that analyzes and describes the amount, and a portion of these funds may 2001 appropriations including the number of changes needed to existing advanced light also be used to acquire a prototype hydrogen energy efficiency projects funded, the num- water reactor (ALWR) designs; $1,000,000 for fueling appliance to provide on-site hydrogen ber of energy savings performance contracts planning and implementation of initiatives in the demonstration. supported, and the total estimated savings. in support of an advanced gas reactor; and Hydropower.—The conference agreement From within available funds, the con- $1,000,000 to undertake a study to determine includes $5,000,000 for hydropower. The con- ference agreement provides $1,000,000 for the the feasibility of deployment of small mod- ferees are aware that the Department is Office of Arctic Energy as proposed by the ular reactors. funding research that is supposed to be appli- Senate. Infrastructure.—The conference agreement cable to the needs of the large dams in the The conference agreement includes includes the budget request of $39,150,000 for northwest United States. The Department is $5,000,000 for the international renewable en- ANL-West Operations, $9,000,000 for test re- concerned that the Federal power marketing ergy program. Of this amount, $1,000,000 is to actor landlord activities, and $44,010,000 for administrations are not involved in devel- be provided to International Utility Effi- the Fast Flux Test Facility. oping this research program. The Depart- ciency Partnerships, Inc. (IUEP). The IUEP Nuclear facilities management.—The con- ment is directed to provide a report coordi- shall competitively award all projects, con- ference agreement adopts the budget struc- nated with the power marketing administra- tinuing its leadership role in reducing carbon ture proposed by the House and provides tions that indicates how this hydropower re- dioxide emissions using voluntary market- $34,850,000 for nuclear facilities management search is applicable to the current and future based mechanisms. activities, the same as the budget request. needs of the power marketing administra- The conference agreement includes The conference agreement provides the full tions and the schedule by which this re- $4,000,000 for the renewable energy produc- amount of the budget request to complete search will provide useable products. tion incentive program. draining and processing EBR-II primary so- Solar Energy.—The conference agreement The conference agreement includes dium. The conferees direct the Department includes $110,632,000 for solar energy pro- $6,600,000 for renewable Indian energy re- to notify the House and Senate Committees grams. The conference agreement does not sources projects as proposed by the Senate. on Appropriations immediately if any issues include language specifying funding alloca- The conference agreement includes arise that would delay the Department’s tions as contained in the House and Senate $4,000,000 for renewable program support, of scheduled date to complete these activities. reports. which $1,000,000 is for an Indoor Air Quality Uranium programs.—The conference agree- The conference agreement provides and Energy Conservation Research Planning ment transfers the budget request of $13,800,000 for concentrating solar power, in- grant to study and develop technologies to $53,400,000 for uranium programs to a new ap- cluding $1,000,000 to initiate planning of a improve air quality within homes and build- propriation account, Uranium Facilities one MW dish engine field validation power ings. Maintenance and Remediation. project at the University of Nevada-Las Program direction.—The conference agree- Program direction.—The conference agree- Vegas. ment includes $18,700,000 for program direc- ment includes $22,000,000 for program direc- The conference agreement includes tion. The conferees have provided additional tion. This reduction reflects the transfer of $78,622,000 for photovoltaic energy systems, funding to support implementation of the 25 employees in the field and up to 5 employ- including up to $3,000,000 for the million management reforms identified in the recent ees at Headquarters who managed the ura- solar roofs initiative. The conferees have National Academy of Public Administration nium programs to the Office of Environ- provided $1,500,000 for the Southeast and review. mental Management. Southwest photovoltaic experiment stations. ENVIRONMENT, SAFETY AND HEALTH The conference agreement includes NUCLEAR ENERGY $3,950,000 for solar building technology re- The conference agreement provides The conference agreement includes search. $259,925,000 for nuclear energy activities in- $35,998,000 for non-defense environment, safe- Wind.—The conference agreement includes stead of $231,815,000 as proposed by the House ty and health activities. The conferees direct $40,283,000 for wind programs. The conference and $262,084,000 as proposed by the Senate. that the reduction from the budget request agreement does not include prescriptive lan- Advanced radioisotope power systems.—The be directed to eliminate lower-priority ac- guage specifying allocations as included in conference agreement includes $32,200,000, an tivities currently funded in this program. the Senate report. The conferees have pro- increase over the budget request of The conference agreement includes $1,000,000 vided $1,000,000 for the Kotzebue wind $30,864,000. The additional funds are to main- to be transferred to the Occupational Safety project. Of the funding for wind energy sys- tain the infrastructure to support future na- and Health Administration as proposed by tems, not less than $5,000,000 shall be made tional security needs and NASA missions. the House. The conferees expect the Depart- available for new and ongoing small wind Isotope support.—The conference agreement ment to budget for this activity in fiscal programs, including not less than $2,000,000 includes a total program level of $27,215,000 year 2002. for the small wind turbine development for the isotope program. This amount is re- TECHNICAL INFORMATION MANAGEMENT project. From within available funds, $100,000 duced by offsetting collections of $8,000,000 to PROGRAM has been provided for a wind turbine and for be received in fiscal year 2001, resulting in a The conference agreement includes educational purposes at the Turtle Mountain net appropriation of $19,215,000. The con- $8,600,000 as proposed by the Senate. Community College in North Dakota. ferees understand that the total estimated FUNDING ADJUSTMENTS Electric energy systems and storage.—The cost of Project 99–E–201, the isotope produc- The conference agreement also includes conference agreement includes $52,000,000 for tion facility at Los Alamos National Labora- $47,100,000, the same amount as the budget electric energy systems and storage. The tory, has increased significantly due to fac- request, for research performed by the Office conferees urge the Department to support tors outside the control of the Office of Nu- of Science related to renewable energy tech- the university, industry-based partnership at clear Energy and have included $2,500,000 to nologies, and $2,352,000 proposed as an offset the University of California-Irvine Advanced partially cover these additional costs. from nuclear energy royalties to be received Power and Energy Program to conduct en- University reactor fuel assistance and sup- in fiscal year 2001. A reduction of $16,582,000 ergy and information related technology port.—The conference agreement includes reflects the transfer of safeguards and secu- demonstrations to accelerate the develop- $12,000,000, the same as the budget request. rity costs in accordance with the Depart- ment and deployment of cost-efficient tech- Research and development.—The conference ment’s amended budget request. nologies benefiting all energy consumers af- agreement provides $47,500,000 for nuclear en- fected by a deregulated energy industry. ergy research and development activities. NON-DEFENSE ENVIRONMENTAL MANAGEMENT The conference agreement includes The conference agreement includes The conference agreement provides $6,000,000 to accelerate the development and $5,000,000, the same as the budget request, for $277,812,000 for Non-Defense Environmental application of high temperature super- nuclear energy plant optimization. The con- Management instead of $281,001,000 as pro- conductor technologies through joint efforts ferees direct the Department to ensure that posed by the House and $309,141,000 as pro- among DOE laboratories, universities, and projects are funded jointly with non-Federal posed by the Senate. Funding of $5,000,000 is H10194 CONGRESSIONAL RECORD — HOUSE October 18, 2000 provided to expedite environmental cleanup SCIENCE lumbia to expand the federal investment in at the Brookhaven National Laboratory. No The conference agreement provides the university’s nuclear medicine and cancer funding has been provided for the Atlas site $3,186,352,000 instead of $2,830,915,000 as pro- research capital program; and $2,000,000 for in Moab, Utah, which has not been author- posed by the House and $2,870,112,000 as pro- the Inland Northwest Natural Resources Re- ized. The recommendation transfers posed by the Senate. The conference agree- search Center at Gonzaga University. $1,900,000 from the post-2006 program to the ment does not include the Senate language Basic energy sciences.—The conference site/project completion program to maintain earmarking funds for various purposes and agreement includes $1,013,370,000 for basic en- the schedule for completing cleanup of three limiting funding for the small business inno- ergy sciences. The conferees have included Oakland geographic sites. vation research program. $8,000,000 for the Experimental Program to URANIUM FACILITIES MAINTENANCE AND High energy physics.—The conference agree- Stimulate Competitive Research (EPSCoR). Spallation Neutron Source.—The rec- REMEDIATION ment provides $726,130,000 for high energy ommendation includes $278,600,000, including The conference agreement provides physics and reflects the adjustments rec- $259,500,000 for construction and $19,100,000 $393,367,000 for uranium activities instead of ommended in the Science budget amendment for related research and development, the $301,400,000 as proposed by the House and submitted by the Department. Funding of same as the amended budget request, for the $297,778,000 as proposed by the Senate, and $230,931,000 has been provided for facility op- Spallation Neutron Source. adopts the budget structure proposed by the erations at the Fermi National Accelerator Advanced scientific computing research.—The House. Laboratory. conference agreement includes $170,000,000 Nuclear physics.—The conference agree- URANIUM ENRICHMENT DECONTAMINATION AND for advanced scientific computing research. DECOMMISSIONING FUND ment provides $369,890,000 for nuclear phys- Energy research analyses.—The conference The conference agreement includes ics, the same as the original budget request. agreement includes $1,000,000 for energy re- $345,038,000 for the uranium enrichment de- Biological and environmental research.—The search analyses, the same amount provided contamination and decommissioning fund. conference agreement includes $500,260,000 by the House and the Senate. This includes $273,038,000 for cleanup activi- for biological and environmental research. Multiprogram energy labs—facility support.— ties and $72,000,000 for uranium and thorium The conferees have included $20,135,000 for The conference agreement includes reimbursements. The conferees recognize the low-dose effects program, an increase of $33,930,000 for multi-program energy labs-fa- there are eligible uranium and thorium li- $8,453,000 over the budget request. The con- cility support. censee claims under Title X of the Energy ference agreement provides $9,000,000 for mo- Fusion energy sciences.—The conference Policy Act that have been approved for reim- lecular nuclear medicine. agreement includes $255,000,000, as proposed bursement, but not yet paid in full. Addi- The conferees have provided the budget re- by the House, for fusion energy sciences. tional funding of $42,000,000 over the budget quest of $2,500,000 for the Laboratory for Safeguards and security.—Consistent with request of $30,000,000 has been provided for Comparative and Functional Genomics at the Department’s amended budget request these payments. Oak Ridge National Laboratory. for safeguards and security, the conference URANIUM PROGRAMS The conference agreement includes agreement includes $49,818,000 for safeguards $2,000,000 for the Discovery Science Center in The conference agreement provides and security activities at laboratories and Orange County, California; $1,500,000 for the $62,400,000 for uranium activities, an increase facilities managed by the Office of Science. Children’s Hospital emergency power plant of $9,000,000 over the budget request of This is offset by a reduction of $38,244,000 in San Diego; $1,000,000 for the Center for $53,400,000. Additional funding of $9,000,000, as that is to be allocated among the various Science and Education at the University of proposed by the Senate, has been provided programs which budgeted for safeguards and San Diego; $500,000 for the bone marrow for activities associated with the depleted security costs in their overhead accounts. transplant program at Children’s Hospital Program Direction.—The conference agree- uranium hexafluoride (DUF6) management Medical Center Foundation in Oakland, Cali- ment includes $139,245,000 for program direc- and conversion project. fornia; $1,000,000 for the North Shore Long Is- tion. Funding of $4,500,000 has been provided DOMESTIC URANIUM INDUSTRY land Jewish Health System in New York; for science education. The conferees are very concerned about the $1,700,000 for the Museum of Science and In- Funding adjustments.—A reduction of front end of the U.S. nuclear fuel cycle. The dustry in Chicago; $2,000,000 for the Living- $38,244,000 reflects the allocation of safe- conferees direct the Secretary to work with ston Digital Millenium Center to be located guards and security costs in accordance with the President and other Federal agencies to at Tulane University; and $1,000,000 for the the Department’s amended budget request. A ensure that current laws with respect to the Center for Nuclear Magnetic Resonance at general reduction of $34, 047,000 has been ap- privatization of USEC and with respect to the University of Alabama-Birmingham. plied to this account. the implementation of the Russian HEU The conference agreement includes NUCLEAR WASTE DISPOSAL agreement and their impact on United $3,000,000 for the Nanotechnology Engineer- The conference agreement provides States domestic capabilities are carried out. ing Center at the University of Notre Dame $191,074,000 for Nuclear Waste Disposal in- In addition, the Secretary is instructed to in South Bend, Indiana; $2,000,000 for the stead of $213,000,000 as proposed by the House take timely measures to ensure that conver- School of Public Health at the University of and $59,175,000 as proposed by the Senate. sion capability is not lost in the United South Carolina for modernization upgrades; Combined with the appropriation of States. The conferees expect that any such $2,000,000 for the National Center for Mus- $200,000,000 to the Defense Nuclear Waste measures will not interfere with the imple- culoskeletal Research at the Hospital for Disposal account, a total of $391,074,000 will mentation of the Russian HEU agreement Special Surgery in New York; and $1,300,000 be available for program activities in fiscal and the important national security goals it for the Western States Visibility Assessment year 2001. The funding level reflects a reduc- is accomplishing. Program at New Mexico Tech to trace emis- tion of $39,500,000 from the budget request The conferees direct the Secretary to un- sions resulting from energy consumption. dertake an evaluation and make specific rec- and the transfer of $6,926,000 in safeguards The conference agreement includes and security costs in accordance with the ommendations on the various options to sus- $1,000,000 for high temperature super con- tain a domestic uranium enrichment indus- Department’s amended budget request. ducting research and development at Boston In addition, the conferees recommend that try in the short and long-term to be deliv- College; $2,500,000 for the positron emission $10,000,000 of funds previously appropriated ered to Congress no later than December 31, tomography facility at West Virginia Uni- for interim waste storage activities in Public 2000. The Secretary’s evaluation shall in- versity; $1,000,000 for the advanced medical Law 104–46 may be made available upon writ- clude recommendations for dealing with the imaging center at Hampton University; ten certification by the Secretary of Energy Portsmouth facility and its role in maintain- $500,000 for the Natural Energy Laboratory to the House and Senate Committees on Ap- ing a secure and sufficient domestic supply in Hawaii; $800,000 for the Child Health Insti- propriations that the site recommendation of enriched uranium. Further, this investiga- tute of New Brunswick, New Jersey; and report cannot be completed on time without tion should consider the technological via- $900,000 for the linear accelerator for Univer- additional funding. bility and commercial feasibility of all pro- sity Medical Center of Southern Nevada. Site recommendation report.—The conferees posed enrichment technologies including The conference agreement also includes reiterate the expectation by Congress that various centrifuge options, AVLIS and $200,000 for the study of biological effects of the Department submit its site recommenda- SILEX technologies, or other emerging tech- low level radioactive activity at University tion report in July 2001 according to the cur- nology. The evaluation should also consider of Nevada-Las Vegas; $1,000,000 for the Med- rent schedule. While the conference agree- the role of the Federal government in devel- ical University of South Carolina Oncology ment does not provide the full funding re- oping and supporting the implementation Center; $11,000,000 for development of tech- quested by the Department, the conferees ex- and regulation of these new technologies in nologies using advanced functional brain im- pect the Department to promptly submit a order to secure a reliable and competitive aging methodologies, including reprogramming request if it becomes appar- source of domestic nuclear fuel. magnetoencephalography, for conduct of ent that limited funding will delay the site FUNDING ADJUSTMENT basic research in mental illness and neuro- recommendation report beyond July 2001. A reduction of $14,071,000 reflects the trans- logical disorders, and for construction; The conferees further expect that, if the fer of safeguards and security costs in ac- $2,000,000 for a science and technology facil- site is approved, the Department will con- cordance with the Department’s amended ity at New Mexico Highlands University; tinue to analyze further design improve- budget request. $2,000,000 for the University of Missouri-Co- ments and enhancements between that time October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10195 and the submittal of a license application to study of the economic basis of recent gaso- An additional $15,000,000 has been provided the Nuclear Regulatory Commission. line price levels. to support research, development and pre- State oversight funding.—The conference ATOMIC ENERGY DEFENSE ACTIVITIES conceptual design studies for an advanced agreement includes $2,500,000 for the State of NATIONAL NUCLEAR SECURITY hydrodynamic test facility using protons. Nevada. This funding will be provided to the Additional funding of $17,000,000 has been ADMINISTRATION Department of Energy which will reimburse provided for enhanced surveillance activities The conferees support the Administrator’s the State for actual expenditures on appro- as follows: $3,000,000 for the Kansas City efforts to establish and fill critical positions priate scientific oversight responsibilities Plant; $7,000,000 for the Pantex Plant; within the National Nuclear Security Ad- conducted pursuant to the Nuclear Waste $4,000,000 for the Y–12 Plant; $1,000,000 for the ministration (NNSA). The conferees agree Policy Act of 1982. These funds are to be pro- Savannah River Plant; and $2,000,000 to sup- that the Administrator’s authority should vided to the Nevada Division of Emergency port accelerated deployment of test and di- not be impacted by any action that would Management for program management and agnostic equipment. otherwise limit or preclude hiring which execution and may not be used for payment Funding for pit manufacturing readiness is may occur as a result of a change of adminis- of salaries and expenses for State employees. increased by $17,000,000. An increase of Local oversight funding.—The conference trations, and that the Administrator should $2,000,000 is provided to initiate conceptual agreement includes $6,000,000 for affected to the maximum extent possible under appli- design work on a pit manufacturing facility. units of local government. The conferees ex- cable statutes proceed with effecting ap- Additional funding of $15,000,000 is provided pect the Department to provide the full pointments. to support the pit production program which amount of funding allocated to the State and WEAPONS ACTIVITIES is now behind schedule and over cost. The local counties for oversight activities. Any The conference agreement provides conferees strongly support the Senate lan- proposed reduction to the amounts identified $5,015,186,000 for Weapons Activities instead guage regarding the Department’s lack of at- by Congress for State and local oversight of $4,579,684,000 as proposed by the House and tention to this critical program and the re- will require prior approval of a reprogram- $4,883,289,000 as proposed by the Senate. Stat- quirement for a progress report by December ming request by the Committees on Appro- utory language proposed by the House lim- 1, 2000, and each quarter thereafter. priations. iting the funds availability to two years has An additional $5,000,000 has been provided Limitation on the use of funds to promote or not been included by the conferees. to the Y–12 Plant for secondary readiness. advertise public tours.—The conferees direct Reprogramming.—The conference agree- Inertial Fusion.—The conference agreement that none of the funds be used to promote or ment provides limited reprogramming au- includes $449,600,000 for the inertial fusion advertise any public tour of the Yucca Moun- thority of $5,000,000 or 5 percent, whichever is program in the budget structure proposed by tain facility, other than public notice that is less, within the Weapons Activities account the House. required by statute or regulation. without submission of a reprogramming to Additional funding of $25,000,000 as pro- DEPARTMENTAL ADMINISTRATION be approved in advance by the House and posed by the House has been provided to fur- ther development of high average power la- The conference agreement provides Senate Committees on Appropriations. No sers. The conference agreement includes the $226,107,000 for Departmental Administration individual program account may be in- budget request of $9,750,000 for the Naval Re- instead of $153,527,000 as proposed by the creased or decreased by more than this search Laboratory and the budget request of House and $210,128,000 as proposed by the amount during the fiscal year using this re- $32,150,000 for the University of Rochester. Senate. Additional funding adjustments in- programming authority. This should provide The conference agreement reflects the trans- clude a transfer of $25,000,000 from Other De- the needed flexibility to manage this ac- fer of $40,000,000 from National Ignition Fa- fense Activities; the use of $8,000,000 of prior count. Congressional notification within 30 days cility (NIF) operations funding to the NIF year balances; and a reduction of $18,000 for of the use of this reprogramming authority construction project. safeguards and security costs. Revenues of is required. Transfers which would result in The conference agreement provides $151,000,000 are estimated to be received in increases or decreases in excess of $5,000,000 $2,500,000 from within available funds to fiscal year 2001, resulting in a net appropria- or 5 percent to an individual program ac- transfer the Petawatt Laser from Lawrence tion of $75,107,000. Livermore National Laboratory to the Uni- The conference agreement provides count during the fiscal year require prior no- versity of Nevada-Reno, as proposed by the $5,000,000 for the Office of the Secretary as tification and approval from the House and Senate. proposed by the House. All funds for the Senate Committees on Appropriations. The Department is directed to submit a re- National Ignition Facility.—The conference newly established National Nuclear Security port to the Committees on Appropriations by agreement provides $199,100,000 for continued Administration have been provided in the de- January 15, 2001, that reflects the allocation construction of the National Ignition Facil- fense portion of this bill. of the safeguards and security reduction, the ity (NIF). The conferees have included a di- The conference agreement provides use of prior year balances and the applica- rected reduction of $25,000,000 in the Weapons $32,148,000 for the Chief Financial Officer, an tion of general reductions, and any proposed Activities account which is to be applied to increase of $1,400,000 over the budget request accounting adjustments. programs under the direction of the Law- of $30,748,000. These additional funds are to Directed stockpile work.—In stockpile re- rence Livermore National Laboratory. support the DOE project management career search and development, additional funding The conferees have included statutory lan- development program. of $19,000,000 has been provided for life exten- guage providing that only $130,000,000 shall Working capital fund.—The conference sion development activities and to support be made available for NIF at the beginning agreement does not include statutory lan- additional sub-critical experiments. Addi- of fiscal year 2001 and the remaining guage proposed by the House prohibiting tional funding of $10,000,000 has been pro- $69,100,000 shall be available only upon a cer- funding Federal employee salaries and ex- vided to support activities required to main- tification after March 31, 2001, by the Admin- penses in the working capital fund. However, tain the delivery date for a certified pit. No istrator of the National Nuclear Security any proposal by the Department to transfer additional funds are provided for cooperative Administration that several requirements salaries and expenses to the working capital research on hard and deeply buried targets. have been met. These requirements include: fund will require prior approval by the House Funding for stockpile maintenance has A. A recommendation on an appropriate and Senate Committees on Appropriations. been increased by $22,000,000 as follows: path forward for the project based on a de- Cost of work for others.—The conference $13,000,000 for life extension operations and tailed review of alternative construction op- agreement includes a one-time increase of development and engineering activities; tions that would (1) focus on first achieving $40,000,000 in the cost of work for others pro- $5,000,000 for the Kansas City Plant; and operation of a 48 or 96 beam laser; (2) allow gram to accommodate safeguards and secu- $4,000,000 for the Y–12 Plant. for the full demonstration of a such a system rity requirements. It is anticipated that this Funding for stockpile evaluation has been in support of the stockpile stewardship pro- amount will be offset by an estimated increased by $23,000,000 as follows: $6,000,000 gram before proceeding with construction $40,000,000 in revenues derived from non-De- for the elimination of the testing backlog and operation of a larger laser complex; and partment of Energy customers for the pur- and joint test equipment procurements; (3) include a program and funding plan for pose of funding safeguards and security ac- $8,000,000 for the Pantex Plant; $6,000,000 for the possible future upgrade to a full NIF con- tivities throughout the Department. In fiscal the Y–12 Plant; and $3,000,000 for the Savan- figuration. The recommendation should in- year 2002 and beyond, the conferees expect nah River Plant. clude identification of available ‘‘off-ramps’’ the Department to submit a safeguards and Campaigns.—The conference agreement and decision points where the project could security budget that includes amounts ob- provides $41,400,000 for pit certification, the be scaled to a smaller system. tained previously from other agencies or cus- same as the budget request. Additional fund- B. Certification that project and scientific tomers. ing of $10,000,000 has been provided for dy- milestones as established in the revised con- OFFICE OF THE INSPECTOR GENERAL namic materials properties to support the struction project data sheet for the fourth The conference agreement provides maintenance of core scientific capabilities, quarter of fiscal year 2000 and the first two $31,500,000 for the Inspector General as pro- Liner Demonstration Experiments, and other quarters of fiscal year 2001 have been met on posed by the House instead of $28,988,000 as various multi-campaign supporting physics schedule and on cost. proposed by the Senate. The conference demonstrations for the Atlas pulsed power C. Certification that the first and second agreement does not include statutory lan- facility at the Los Alamos National Labora- quarter project reviews in fiscal year 2001 de- guage proposed by the House requiring a tory and the Nevada Test Site. termined the project to be on schedule and H10196 CONGRESSIONAL RECORD — HOUSE October 18, 2000 cost and have provided further validation to facilities; $20,000,000 for microsystems and DEFENSE NUCLEAR NONPROLIFERATION the proposed path forward. microelectronics activities at the Sandia Na- The conference agreement provides D. Completion of a study that includes tional Laboratory; $7,000,000 for a replace- $874,196,000 for Defense Nuclear Nonprolifera- conclusions as to whether the full-scale NIF ment CMR facility at Los Alamos National tion instead of $861,477,000 as proposed by the is required in order to maintain the safety Laboratory; and $3,100,000 to fund the transi- House and $908,967,000 as proposed by the and reliability of the current nuclear weap- tion period for the new contractor at the Senate. Statutory language proposed by the ons stockpile, and whether alternatives to Pantex Plant in Texas. House limiting the funds availability to two the NIF could achieve the objective of main- For program readiness, the conference years has not been included by the conferees. taining the safety and reliability of the cur- agreement transfers $7,400,000 to the inertial Statutory language proposed by the Senate rent nuclear weapons stockpile. fusion program and adds $6,100,000 for the to earmark funding for the Incorporated Re- E. Certification that the NIF project has TA–18 relocation. search Institutions for Seismology has not implemented an integrated cost-schedule For nuclear weapons incident response, a been included. The conferees have provided a earned-value project control system by new program established in readiness tech- total of $53,000,000 for the long-term Russian March 1, 2001. nical base and facilities, the conference initiative within this account. F. A five-year budget plan for the stockpile agreement provides $56,289,000. Funding of Limitation on Russian and Newly Inde- stewardship program that fully describes $44,205,000 for the nuclear emergency search pendent States’ (NIS) program funds.—The con- how the NNSA intends to pay for NIF over team and $12,084,000 for the accident response ferees are concerned about the amount of the out years and what the potential for group was transferred from the emergency funding for Russian and NIS programs which other impacts on the stockpile stewardship management program in the Other Defense remains in the United States for Department program will be. Activities account. of Energy contractors and laboratories rath- The conferees remain concerned about the Special projects are supported at the budg- er than going to the facilities in Russia and Department’s proposed budget increase and et request of $48,297,000. Additional funds the NIS. The conferees direct that not more schedule delay for the NIF at the Lawrence have not been provided for AMTEX. From than the following percentages of funding Livermore National Laboratory (LLNL). The within available funds, $1,000,000 has been may be spent in the United States in fiscal conferees believe that previously the Depart- provided to support a program in partnership year 2001 for these programs: Materials Pro- ment of Energy, and most recently the Na- with university systems to meet the needs of tection, Control and Accounting, 43%; Inter- tional Nuclear Security Administration the NNSA. national Proliferation Prevention Program, (NNSA), may have failed to examine ade- For materials recycling, the conference 40%; Nuclear Cities Initiative, 49%; Russian quately options for NIF that have fewer than agreement provides an additional $8,000,000 Plutonium Disposition, 38%; and Inter- the full 192 beams. For example, a preferred to maintain restart schedules for hydrogen national Nuclear Safety, 78%. course for NIF may be to complete 48 or 96 fluoride and wet chemistry operations at the The conferees expect the Department to beams as soon as possible (although block Y–12 Plant. continue to increase the level of funding procurement of infrastructure and glass may For containers, the conference agreement which is provided to Russia versus the fund- be considered), bring the reduced NIF into provides an additional $4,000,000 to support ing which remains in the United States for operation, perform the necessary scientific the effort to repackage pits which is cur- Department of Energy contractors and lab- and technical tests to evaluate whether a rently behind schedule at the Pantex Plant oratories in each subsequent year. The De- full NIF will work and its impact on stock- due to operational problems. partment is to provide a report to the Com- pile stewardship, and then develop a path Funding for advanced simulation and com- mittees by January 31, 2001, and each subse- forward for NIF that balances its scientific puting has been transferred to the defense quent year on the amount of funding pro- importance within the overall needs of the computing and modeling campaign. vided to Russia and NIS in each program stockpile stewardship program. To move on The conference agreement does not provide area. The Department should work with the this path in fiscal year 2001, the conferees additional funding to process uranium-233 as Committees on the specific information to recommend that $199,100,000 be appropriated proposed by the Senate, but the conferees ex- be included in the report. for NIF as follows: $74,100,000 as originally pect the Department to act expeditiously to Nonproliferation and verification research proposed for Project 96–D–111, $40,000,000 process this material in a manner that would and development.—The conference agreement from NIF operations funding within the retain and make available isotopes for bene- provides $252,990,000 for nonproliferation and budget request for LLNL, $25,000,000 to be ficial use. The Department should provide to verification research and development. identified within the budget request at the House and Senate Committees a report Funding of $17,000,000 has been provided for LLNL, plus an additional $60,000,000 in new on the status of this project by March 1, 2001. the nonproliferation and international secu- appropriations. Construction projects.—The conference rity center (NISC) at Los Alamos National Furthermore, the conferees direct the Ad- agreement provides $35,500,000 for prelimi- Laboratory, and $1,000,000 for the Incor- ministration to prepare a budget request for nary project engineering and design. Fund- porated Research Institutions for Seis- fiscal year 2002 that fully reflects a balanced ing of $20,000,000 is provided for design and mology PASSCAL Instrument Center. set of programs and investments within the supporting infrastructure upgrades for the Concerns have been raised repeatedly that stockpile stewardship program, and that the Microsystems and Engineering Sciences Ap- there should be more opportunity for open overall budget profile over the next eight plications facility at Sandia National Lab- competition in certain areas of the non- years will accommodate a $3.4 billion NIF oratory; $5,000,000 for proof of concept and proliferation and verification research and along with the other critical aspects of the completion of facility operational capability development program. A recent report by an program. for the Atlas pulsed power machine at the outside group established by the Department Defense computing and modeling.—The con- Nevada Test Site; and $1,000,000 for initiation to review the Office of Nonproliferation Re- ference agreement provides $786,175,000 for of design activities for the relocation of the search and Engineering included a similar defense computing modeling and the Accel- TA–18 nuclear materials handling facility at recommendation. The report stated that, erated Strategic Computing Initiative in the Los Alamos National Laboratory. ‘‘There should be greater opportunity for the budget structure proposed by the House. The Safeguards and security.—Consistent with wider U.S. scientific and technical commu- recommendation is $10,000,000 less than the the Department’s amended budget request nity to contribute to the success of the NN– budget request, and the reduction should be for safeguards and security, the conference 20 portfolio. This can be done through open taken against lower priority activities. agreement includes $377,596,000 for safe- competition administered by DOE Head- Tritium.—A total of $167,000,000 is provided guards and security activities at laboratories quarters and through partnerships chosen for continued research and development on a and facilities managed by the Office of De- and managed by the DOE national labora- new source of tritium. Funding of $15,000,000 fense Programs. This is offset by a reduction tories.’’ . . . ‘‘Areas that come to mind as has been provided for design only activities of $310,796,000 to be allocated among the var- candidates for open competition include seis- in Project 98–D–126, Accelerator Production ious programs which budgeted for safeguards mic verification technologies for very low of Tritium. and security costs in their overhead ac- yield underground nuclear tests and chem- Readiness in technical base and facilities.— counts. ical and biological agent detection and iden- The conference agreement includes several Program direction.—The conference agree- tification technologies. Other possible areas funding adjustments transferring funds from ment provides $224,071,000 for program direc- might be specialized electronic chip develop- this program to individual campaigns. tion as proposed by the Senate. ment and certain radio-frequency tech- For operations of facilities, $137,300,000 has Funding adjustments.—The conference nologies.’’ been transferred to the inertial fusion pro- agreement includes the use of $13,647,000 in The conferees expect the Department to gram. An additional $36,000,000 has been pro- prior year balances and a reduction of act in good faith on the recommendations vided to the production plants for replace- $310,796,000 that reflects the allocation of provided by the external review group, and ment of critical infrastructure and equip- safeguards and security costs in accordance direct the Department to initiate a free and ment as follows: $12,000,000 for the Kansas with the Department’s amended budget re- open competitive process for 25 percent of its City Plant; $12,000,000 for the Pantex Plant; quest. In addition, the conference agreement research and development activities during $10,000,000 for the Y–12 Plant; and $2,000,000 includes a general reduction of $35,700,000 of fiscal year 2001 for ground-based systems for the Savannah River Plant. which $25,000,000 is to be taken against pro- treaty monitoring. The competitive process Additional funding of $10,000,000 has been grams at Lawrence Livermore National Lab- should be open to all Federal and non-Fed- provided for the operation of pulsed power oratory. eral entities. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10197 The conferees direct the Department to re- by the Senate. These funds are provided to From within available funds for the Waste port to the Committees on Appropriations on the Administrator of the National Nuclear Isolation Pilot Plant, $1,000,000 has been pro- the status of implementing the external re- Security Administration for the costs associ- vided for a transparency demonstration view panel’s recommendations and the re- ated with hiring new employees and estab- project. sults of the directed open competition by lishing the office. A total of $3,000,000 has been provided to March 30, 2001. OTHER DEFENSE RELATED ACTIVITIES support a program with the United States- Arms control.—The conference agreement Mexico Border Health Commission to dem- DEFENSE ENVIRONMENTAL RESTORATION AND provides $152,014,000 for arms control activi- onstrate technologies to reduce hazardous WASTE MANAGEMENT ties including $24,500,000 for the Initiatives waste streams and to support the Materials for Proliferation Prevention and $27,500,000 The conference agreement provides Corridor Partnership Initiative. for the Nuclear Cities Initiative. In addition $4,974,476,000 for Defense Environmental Res- Funding of $1,300,000 for Project 01–D–403, to the $10,000,000 added to the Nuclear Cities toration and Waste Management instead of immobilized high level waste interim storage Initiative, the conferees have provided an- $4,522,707,000 as proposed by the House and facility, at Richland, Washington, has been other $19,000,000 for the long-term Russian $4,635,763,000 as proposed by the Senate. Ad- transferred to the PE&D project in site/ initiative in the arms control program to be ditional funding of $1,082,714,000 is contained project completion account. distributed as follows: $15,000,000 for spent in the Defense Facilities Closure Projects ac- Office of River Protection.—The conference fuel dry storage; $500,000 for the plutonium count and $65,000,000 in the Defense Environ- agreement provides $757,839,000 for the Office registry at Mayak; $2,500,000 for geologic re- mental Management Privatization account of River Protection at the Hanford site in pository cooperation research and planning; for a total of $6,122,190,000 provided for all de- Washington. The conference agreement pro- and $1,000,000 for research reactor spent fuel fense environmental management activities. vides $377,000,000 for Project 01–D–416, Tank acceptance. The conference agreement does not include Waste Remediation System, at Richland, International materials protection, control statutory language proposed by the House Washington, to vitrify the high-level waste and accounting (MPC&A).—The conference pertaining to the use of funds for the Waste in underground tanks. Funding to vitrify agreement includes $173,856,000 for the Isolation Pilot Plant or language proposed waste at the Hanford site was requested in MPC&A program including $24,000,000 for the by the Senate earmarking funds for pro- the Defense Environmental Management long-term Russian initiative. The conferees grams to be managed by the Carlsbad office Privatization account in fiscal year 2001. have provided $5,000,000 for plutonium stor- of the Department of Energy. However, due to the failure of the contractor age at Mayak and $19,000,000 for expanded The conference agreement limits the num- to provide a viable cost estimate under the MPC&A activities at Russian naval sites. ber of motor vehicles that can be purchased concept of a ‘‘privatized’’ contract, the con- HEU transparency implementation.—The in fiscal year 2001 to not more than 30 for re- tract will now be structured as a cost plus conference agreement provides $15,190,000, placement only. The conferees have included incentive fee contract and will be funded in the same as the budget request. an additional reporting requirement on the the regular appropriation account. International nuclear safety.—The con- entire Department and have specified that Science and technology development.—The ference agreement provides $20,000,000, the sport utility vehicles are to be counted with- conference agreement provides $256,898,000 same as the budget request, for the inter- in this ceiling. for the science and technology development national nuclear safety program. This fund- National monument designation.—The con- program. Funding of $21,000,000 has been ing is to be used only for activities in sup- ferees agree that no funds spent by the De- transferred to this account for the Idaho val- port of completing the upgrades to Soviet- partment for the coordination, integration, idation and verification program. This trans- designed nuclear reactors. From within or implementation of a management plan re- fer is not intended to reduce the environ- available funds, the conference agreement lated to the Hanford Reach National Monu- mental management base program in Idaho. provides $1,000,000 for a cooperative effort be- ment shall result in the reduction or delay of The Department is directed to provide tween the United States and Russia to ad- cleanup at the Hanford site. $10,000,000 for the next round of new and in- dress intergranular stress corrosion cracking Site/Project Completion.—The conference novative research grants in the environ- and restore the structural integrity of Rus- agreement provides an additional $11,000,000 mental management science program in fis- sian nuclear plants until decommissioning. for F and H-area stabilization activities at cal year 2001, and $10,000,000 for technology Fissile materials disposition.—The conference the Savannah River Site in South Carolina agreement provides $249,449,000 for fissile ma- deployment activities. as proposed by the House, and $19,000,000 to The conference agreement provides terials disposition. Funding of $139,517,000, as address funding shortfalls at the Hanford $4,000,000 for the international agreement proposed by the House, has been provided for site in Richland, Washington, as proposed by the U.S. surplus materials disposition pro- with AEA Technology; $4,500,000 for the Di- the Senate. Funding of $12,308,000 has been agnostic Instrumentation and Analysis Lab- gram. The conference agreement provides transferred to other accounts as proposed by $26,000,000 for Project 99–D–143, the MOX fuel oratory; $4,350,000 for the university robotics the House. research program; an additional $1,000,000 for fabrication facility. The conference agreement supports the Program direction.—The conference agree- the D&D focus area; and up to $4,000,000 to budget request of $2,500,000 for the coopera- continue evaluation, development and dem- ment provides $51,468,000 for the program di- tive agreement with WERC and provides rection account as proposed by the House. onstration of the Advanced Vitrification $25,000 for an independent evaluation of the System upon successful completion of sup- The conferees are aware that the Depart- mixed-waste landfill at Sandia National Lab- ment does not have enough qualified Federal plemental testing. The conferees have pro- oratories in New Mexico. vided $2,000,000 to the National Energy Tech- employees available to manage the non- For construction, the conference agree- proliferation and national security pro- nology Laboratory to be used for the con- ment provides $17,300,000 for Project 01–D– tinuation of the Mid-Atlantic Recycling Cen- grams, particularly the Russian programs. 414, preliminary project engineering and de- The conferees will favorably consider a re- ter for End-of-Life Electronics initiative sign (PE&D). Project 01–D–415, 235–F pack- (MARCEE) in cooperation with the Polymer programming of funds from program areas to aging and stabilization, at the Savannah the program direction account as Federal Alliance Zone. River Site has been funded at $4,000,000. The conference agreement includes employees are hired to replace the con- Funding of $500,000 requested for Project 01– tractor employees who currently oversee $4,000,000 for the long-term stewardship pro- D–402, INTEC cathodic protection system ex- gram to be administered at Headquarters these programs. pansion project, at Idaho Falls has been Funding adjustment.—The conference agree- and $4,000,000 for the Idaho National Engi- transferred to the new PE&D project. Fund- ment includes a reduction of $40,245,000 that neering and Environmental Laboratory. No ing of $27,932,000 for the Highly Enriched reflects the transfer of safeguards and secu- funds are provided for the low dose radiation Blend Down Facility has been transferred to rity costs in accordance with the Depart- effects program, as the entire Senate rec- the fissile materials disposition program. ment’s amended budget request. ommended amount is provided within the Of- Post 2006 Completion.—The conference fice of Science. NAVAL REACTORS agreement includes an additional $10,000,000 Safeguards and security.—Consistent with The conference agreement provides to maintain schedules required by revised the Department’s amended budget request $690,163,000 for Naval Reactors instead of compliance agreements with the State of for safeguards and security, the conference $694,600,000 as proposed by the Senate and Washington as proposed by the Senate, and agreement includes $203,748,000 for safe- $677,600,000 as proposed by the House. Addi- $6,000,000 to support transuranic and low- guards and security activities at laboratories tional funding of $17,000,000 is provided to op- level waste activities at the Savannah River and facilities managed by the Office of De- timize the program to shutdown prototype Site in South Carolina as proposed by the fense Programs. This is offset by a reduction reactors and complete all major inactivation House. Funding of $10,000,000 for the Four of $193,217,000 to be allocated among the var- work by fiscal year 2002. Mile Branch project and $18,000,000 for the ious programs which budgeted for safeguards Funding adjustment.—The conference agree- Consolidated Incinerator Facility at the Sa- and security costs in their overhead ac- ment includes a reduction of $4,437,000 that vannah River Site has not been provided as counts. reflects the transfer of safeguards and secu- proposed by the House. Funding of $18,692,000 Program direction.—The conferees have pro- rity costs in accordance with the Depart- has been transferred to the Science and vided $363,988,000 for the program direction ment’s amended budget request. Technology program. account. This funding level reflects the OFFICE OF THE ADMINISTRATOR The conference agreement provides $400,000 transfer of the uranium programs from the The conference agreement provides to begin design activities for a subsurface office of nuclear energy to the office of $10,000,000 for this new account as proposed geosciences laboratory at Idaho. environmental management. Funding of H10198 CONGRESSIONAL RECORD — HOUSE October 18, 2000

$4,100,000 has been provided to allow for the Senate to support the Department’s counter- DEFENSE NUCLEAR WASTE DISPOSAL transfer of up to 5 employees from Head- intelligence program. The conference agreement provides quarters and 25 employees at Oak Ridge who ADVANCED ACCELERATOR APPLICATIONS $200,000,000 as proposed by the House instead manage the uranium programs. The conference agreement provides of $292,000,000 as proposed by the Senate. Funding adjustments.—The conference $34,000,000 to establish a new program for ad- POWER MARKETING ADMINISTRATIONS agreement includes the use of $34,317,000 of vanced accelerator applications, including prior year balances and $50,000,000 in pension BONNEVILLE POWER ADMINISTRATION FUND $3,000,000 for research and development of refunds, the same as the budget request. The The conferees have included the statutory technologies for economic and environ- conference agreement includes a reduction of language extending Bonneville’s voluntary mentally sound refinement of spent nuclear $193,217,000 that reflects the allocation of separation incentive program until January fuel at the University of Nevada-Las Vegas. 1, 2003. safeguards and security costs in accordance The Department is directed to prepare a with the Department’s amended budget re- During fiscal year 2001, Bonneville plans to program plan for managing and executing pay the Treasury $620,000,000 of which quest. A general reduction of $10,700,000 has this program using the extensive expertise of also been included. $163,000,000 is to repay principal on the Fed- the Office of Science and the Office of De- eral investment in these facilities. DEFENSE FACILITIES CLOSURE PROJECTS fense Programs in accelerator research, de- The conference agreement appropriates sign, and applications, and the expertise of SOUTHEASTERN POWER ADMINISTRATION $1,082,714,000 the same as the amended budget the Office of Nuclear Energy in transmuta- The conference agreement includes request. The conferees expect the Depart- tion of nuclear waste. This program plan $3,900,000, the same as the budget request, for ment to request adequate funds to keep each should be submitted to the Committees by the Southeastern Power Administration. of these projects on a schedule for closure by March 1, 2001. SOUTHWESTERN POWER ADMINISTRATION 2006 or earlier. The conferees make no recommendation as The conference agreement includes Any savings resulting from safeguards and to how the Department should manage the $28,100,000, the same as the budget request, security costs are to be retained and used for advanced accelerator application program. for the Southwestern Power Administration. cleanup activities at the closure sites. INDEPENDENT OVERSIGHT AND PERFORMANCE WESTERN AREA POWER ADMINISTRATION DEFENSE ENVIRONMENTAL MANAGEMENT ASSURANCE PRIVATIZATION The conference agreement provides The conference agreement provides $165,830,000, instead of $164,916,000 as proposed The conference agreement provides $14,937,000, the same as the budget request by the Senate and $160,930,000 as proposed by $65,000,000 for the defense environmental for the office of independent oversight and the House. The conference agreement in- management privatization program instead performance assurance. creases the amount of purchase power and of $259,000,000 as proposed by the House and ENVIRONMENT, SAFETY AND HEALTH (DEFENSE) wheeling to $65,224,000 and increases offset- $324,000,000 as proposed by the Senate. The The conference agreement provides ting collections by the same amount. Fund- conference agreement provides no funds for $125,567,000 for defense-related environment, ing of $5,950,000 is provided for the Utah Rec- the Tank Waste Remediation System safety and health activities. The conferees lamation Mitigation and Conservation Ac- (TWRS) project at Hanford. Funding for this have provided $3,000,000 to establish a pro- count. project, which had previously been consid- gram at the University of Nevada-Las Vegas ered as a privatization contract, has been FALCON AND AMISTAD FUND for Department-wide management of elec- transferred to the Defense Environmental The conference agreement includes tronic records; $1,750,000 for the University of Restoration and Waste Management appro- $2,670,000, the same as the budget request, for Louisville and the University of Kentucky to priation account. the Falcon and Amistad Operating and Main- The conference agreement also includes a undertake epidemiological studies of work- tenance Fund. ers; $880,000 to provide medical screening for rescission of $97,000,000 of funds previously FEDERAL ENERGY REGULATORY COMMISSION appropriated for the TWRS project in the De- workers employed at the Amchitka nuclear weapons test site; and $500,000 for the State The conference agreement includes fense Environmental Management Privatiza- $175,200,000, the same as the budget request tion appropriation account. of Nevada to address deficiencies in the Can- cer Registry, Vital Statistics, and Birth De- for the Federal Energy Regulatory Commis- OTHER DEFENSE ACTIVITIES fects Registry activities. sion. The conference agreement appropriates The conference agreement includes RESCISSIONS $585,755,000 for Other Defense Activities in- $17,000,000 for the Department’s administra- DEFENSE NUCLEAR WASTE DISPOSAL stead of $592,235,000 as proposed by the House tive costs associated with the proposed En- The conference agreement includes lan- and $579,463,000 as proposed by the Senate. ergy Employees Compensation Initiative. guage rescinding $75,000,000 from funds pre- Details of the conference agreement are pro- These funds are not available until the pro- viously appropriated for interim waste stor- vided below. gram is authorized by law. age activities for Defense Nuclear Waste Dis- SECURITY AND EMERGENCY OPERATIONS WORKER AND COMMUNITY TRANSITION posal in Public Law 104–46, the fiscal year For nuclear safeguards and security, the The conference agreement provides 1996 Energy and Water Development Appro- conference agreement provides $116,409,000 as $24,500,000 for the worker and community priations Act. proposed by the House. The conferees have transition program, including $2,100,000 for provided $3,000,000 for the critical infrastruc- DEFENSE ENVIRONMENTAL MANAGEMENT infrastructure improvements at the former PRIVATIZATION ture protection program, an increase of Pinellas plant. The conferees expect that The conference agreement includes lan- $600,000 over fiscal year 2000. The conference communities denied funds in fiscal year 2000 guage rescinding $97,000,000 from the Defense agreement also provides $2,000,000 to procure will be granted priority status in fiscal year Environmental Management Privatization safety locks to meet Federal specifications. 2001. The conference agreement provides The conference agreement provides that no account. Funds were appropriated in this ac- $33,000,000 for security investigations, the funds may be used to augment the $24,500,000 count in prior years for the Hanford Tank same as the budget request. made available for obligation for severance Waste Remediation System Project. This The conference agreement includes payments and other benefits and community project is no longer being considered for a $33,711,000 for emergency management. Fund- assistance grants unless the Department of privatization contract. It has been trans- ing of $3,600,000 was transferred to the pro- Energy submits a reprogramming request ferred to the Defense Environmental Res- gram direction account to reflect the conver- subject to approval by the appropriate Con- toration and Waste Management appropria- sion of contractor employees to Federal em- gressional committees. tion account and will be funded there in fu- ployees at a substantial cost savings. Fund- ture appropriation acts. NATIONAL SECURITY PROGRAMS ing of $44,205,000 for the nuclear emergency GENERAL PROVISIONS search team and $12,084,000 for the accident ADMINISTRATIVE SUPPORT DEPARTMENT OF ENERGY response group was transferred to the Weap- The conference agreement provides ons Activities account. $25,000,000 for national security programs ad- SEC. 301. The conference agreement in- Program direction.—The conference agree- ministrative support instead of $51,000,000 as cludes a provision proposed by the House ment provides $92,967,000 for the program di- proposed by the House and no funding as pro- that none of the funds may be used to award rection account as proposed by the House. posed by the Senate. a management and operating contract unless such contract is awarded using competitive This reflects the transfer of $3,600,000 from OFFICE OF HEARINGS AND APPEALS the emergency management program. procedures, or the Secretary of Energy The conference agreement provides grants a waiver to allow for such a deviation. INTELLIGENCE $3,000,000 as proposed by the House and the Section 301 does not preclude extension of a The conference agreement includes Senate. contract awarded using competitive proce- $38,059,000 as proposed by the House and the FUNDING ADJUSTMENTS dures. Senate to support the Department’s intel- A reduction of $595,000 and the elimination Sec. 302. The conference agreement in- ligence program. of the $20,000,000 offset to user organizations cludes a provision proposed by the House and COUNTERINTELLIGENCE for security investigations reflects the allo- Senate that none of the funds may be used to The conference agreement includes cation of the safeguards and security amend- prepare or implement workforce restruc- $45,200,000 as proposed by the House and the ed budget request. turing plans or provide enhanced severance October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10199 payments and other benefits and community Sec. 311. The conference agreement in- Provisions not adopted by the conferees.—The assistance grants for Federal employees of cludes language allowing each Federal power conference agreement deletes language pro- the Department of Energy under section 3161 marketing administration to engage in ac- posed by the House and Senate prohibiting of the National Defense Authorization Act of tivities relating to the formation and oper- the use of funds for contracts modified in a Fiscal Year 1993, Public Law 102–484. ation of a regional transmission organiza- manner that deviates from the Federal Ac- Sec. 303. The conference agreement modi- tion. quisition Regulation. fies a provision proposed by the House that Sec. 312. The conference agreement in- The conference agreement deletes lan- none of the funds may be used to augment cludes language that would permit the Sec- guage proposed by the Senate allowing the the $24,500,000 made available for obligation retary of Energy to use $10,000,000 of funds Secretary of Energy to enter into multiyear for severance payments and other benefits previously appropriated for interim waste contracts without obligating the estimated and community assistance grants unless the storage activities for Defense Nuclear Waste costs. Department of Energy submits a reprogram- Disposal upon receipt of written certifi- ming request subject to approval by the ap- cation that the site recommendation report The conference agreement deletes lan- propriate Congressional committees. cannot be completed on time without addi- guage proposed by the Senate requiring the Sec. 304. The conference agreement in- tional funding. Department of Energy’s laboratories to pro- cludes a provision proposed by the House and Sec. 313. The conference agreement in- vide an annual funding plan to the Depart- Senate that none of the funds may be used to cludes language proposed by the Senate that ment. prepare or initiate Requests for Proposals for would provide a three year term of office for The conference agreement deletes lan- a program if the program has not been fund- the first person appointed to the position of guage proposed by the House prohibiting the ed by Congress in the current fiscal year. the Under Secretary of Nuclear Security of payment of Federal salaries in the working This provision precludes the Department the Department of Energy. capital fund. from initiating activities for new programs Sec. 314. The conference agreement in- The conference agreement deletes lan- which have been proposed in the budget re- cludes language proposed by the Senate lim- guage proposed by the Senate prohibiting quest, but which have not yet been funded by iting the authority of the Secretary of En- the expenditure of funds to establish or Congress. ergy to modify the organization of the Na- maintain independent centers at Department Sec. 305. The conference agreement in- tional Nuclear Security Administration. of Energy laboratories or facilities. The con- cludes a provision proposed by the House and Sec. 315. The conference agreement in- ference agreement includes report language Senate that permits the transfer and merger cludes language proposed by the Senate pro- requiring the Department to identify these of unexpended balances of prior appropria- hibiting the pay of personnel engaged in con- centers in the budget request. tions with appropriation accounts estab- current service or duties inside and outside The conference agreement deletes lan- lished in this bill. the National Nuclear Security Administra- guage proposed by the House requiring a re- Sec. 306. The conference agreement in- tion. port on activities of the executive branch to cludes language providing that not to exceed Report on impacts of limits on on-site stor- address high gasoline prices and develop an 6 percent of funds shall be available for Lab- age.—The conference agreement does not in- overall national energy strategy. oratory Directed Research and Development. clude statutory language proposed by the Sec. 307. The conference agreement in- Senate, but the conferees direct that not The conference agreement deletes lan- cludes language limiting to $185,000,000 the later than 90 days after enactment of the fis- guage proposed by the Senate prohibiting funds available for reimbursement of man- cal year 2001 Energy and Water Development the expenditure of funds to restart the High agement and operating contractor travel ex- Appropriations Act, the Secretary of Energy Flux Beam Reactor. penses. Of the $185,000,000, $175,000,000 is shall submit to Congress a report containing The conference agreement deletes lan- available for contractor travel and $10,000,000 a description of all alternatives that are guage proposed by the Senate limiting the is to be held in reserve by the Department’s available to the Northern States Power Com- inclusion of costs of protecting fish and wild- Chief Financial Officer for emergency travel pany and the Federal government to allow life within the rates charged by the Bonne- requirements. The language also requires the the company to continue to operate the ville Power Administration. Department of Energy to reimburse contrac- Prairie Island nuclear generating plant until tors for travel consistent with regulations The conference agreement deletes lan- the end of the term of the license issued to applicable to Federal employees and speci- guage proposed by the Senate limiting the fies that the travel ceiling does not apply to the company by the Nuclear Regulatory cost of construction of the National Ignition travel funded from Laboratory Directed Re- Commission, in view of a law of the State of Facility. search and Development funds. Minnesota that limits the quantity of spent The conference agreement deletes lan- Sec. 308. The conference agreement in- nuclear fuel that may be stored at the plant, guage proposed by the Senate requiring an cludes language prohibiting the Bonneville assuming that the existing Federal and evaluation of innovative technologies for de- Power Administration from performing en- State laws remain unchanged. militarization of weapons components and ergy efficiency services outside the legally Report on electricity prices.—The conferees treatment of hazardous waste. note that California is currently experi- defined Bonneville service territory. The conference agreement deletes lan- Sec. 309. The conference agreement in- encing an energy crisis. Wholesale elec- tricity prices have soared, resulting in elec- guage proposed by the Senate requiring a re- cludes language limiting the types of waste port on national energy policy. that can be disposed of in the Waste Isola- trical bills that have increased by as much tion Pilot Plant in New Mexico. None of the as 300 percent in the San Diego area. Con- The conference agreement deletes lan- funds may be used to dispose of transuranic ferees understand that the staff of the Fed- guage proposed by the Senate noting concern waste in excess of 20 percent plutonium by eral Energy Regulatory Commission is cur- with the House provision on limiting funds weight for the aggregate of any material cat- rently investigating the crisis. The Commis- for worker and community transition. The egory. At the Rocky Flats site, this provi- sion is directed to submit to Congress a re- conference agreement deletes language pro- sion includes ash residues; salt residues; wet port on the results of the investigation no posed by the Senate requiring a report on residues; direct repackage residues; and later than December 1, 2000. The report shall the impact of State-imposed limits on spent scrub alloy as referenced in the ‘‘Final Envi- include identification of the causes of the nuclear fuel storage. This requirement has ronmental Impact Statement on Manage- San Diego price increases, a determination been included in report language. ment of Certain Plutonium Residues and whether California wholesale electricity The conference agreement deletes lan- Scrub Alloy Stored at the Rocky Flats Envi- markets are competitive, a recommendation guage proposed by the Senate limiting the ronmental Technology Site’’. whether a regional price cap should be set in use of funds to promote or advertise public Sec. 310. The conference agreement in- the Western States, a determination whether tours at Yucca Mountain. This requirement cludes language allowing the Administrator manipulation of prices has occurred at the has been included in report language. of the National Nuclear Security Adminis- wholesale level, and a determination of rem- CONFERENCE RECOMMENDATIONS tration to authorize certain nuclear weapons edies, including legislation or regulations, production plants to use not more than 2 per- that are necessary to correct the problem The conference agreement’s detailed fund- cent of available funds for research, develop- and prevent similar incidents in California ing recommendations for programs in title ment and demonstration activities. and elsewhere in the United States. III are contained in the following table. H10200 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10201 H10202 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10203 H10204 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10205 H10206 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10207 H10208 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10209 H10210 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10211 H10212 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10213 H10214 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10215 H10216 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10217 H10218 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10219 H10220 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10221 H10222 CONGRESSIONAL RECORD — HOUSE October 18, 2000 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10223 TITLE IV INDEPENDENT AGENCIES TITLE VII INDEPENDENT AGENCIES APPALACHIAN REGIONAL COMMISSION DEPARTMENT OF THE TREASURY APPALACHIAN REGIONAL COMMISSION The conference agreement includes an BUREAU OF THE PUBLIC DEBT The conference agreement includes emergency appropriation of $11,000,000 for GIFTS TO THE UNITED STATES FOR REDUCTION $66,400,000 for the Appalachian Regional the Appalachian Regional Commission for OF THE PUBLIC DEBT Commission as proposed by the Senate in- the North Fork Hughes River Watershed The conference agreement includes lan- stead of $63,000,000 as proposed by the House. project in Ritchie County, West Virginia. guage providing funds to reduce the public DEFENSE NUCLEAR FACILITIES SAFETY BOARD TITLE VI debt. The conference agreement includes TITLE VIII GENERAL PROVISIONS $18,500,000 for the Defense Nuclear Facilities NUCLEAR REGULATORY COMMISSION Safety Board as proposed by the Senate in- Sec. 601. The conference agreement in- The conference agreement includes lan- stead of $17,000,000 as proposed by the House. cludes language directing that none of the guage extending the Nuclear Regulatory funds in this Act or any prior appropriations DELTA REGIONAL AUTHORITY Commission’s (NRC) authority to assess li- Act may be used in any way, directly or indi- The conference agreement includes cense and annual fees through fiscal year rectly, to influence congressional action on 2005. This extension is necessary to provide $20,000,000 for the Delta Regional Authority any legislation or appropriation matters as proposed by the Senate. the resources needed to fund the activities of pending before Congress, other than to com- the Commission. The conferees have also DENALI COMMISSION municate to Members of Congress as de- provided authority to reduce the fee recov- The conference agreement includes scribed in section 1913 of title 18, United ery requirement from 100 percent to 98 per- $30,000,000 for the Denali Commission as pro- States Code. cent in fiscal year 2001, and further decrease posed by the Senate. Sec. 602. The conference agreement in- the fee incrementally until the fee recovery NUCLEAR REGULATORY COMMISSION cludes language regarding the purchase of requirement is reduced to 90 percent in 2005. American-made equipment and products, and SALARIES AND EXPENSES This will address fairness and equity con- prohibiting contracts with persons falsely la- cerns relating to charging NRC licensees for The conference agreement includes beling products as made in America. agency expenses which do not provide a di- $481,900,000 as proposed by the House and the Sec. 603. The conference agreement in- rect benefit to them. Senate, to be offset by revenues of cludes language providing that no funds may CONFERENCE TOTAL—WITH COMPARISONS $447,958,000, for a net appropriation of be used to determine the final point of dis- The total new budget (obligational) au- $33,942,000. This reflects the statutory lan- charge for the interceptor drain for the San thority for the fiscal year 2001 recommended guage adopted by the conference to reduce Luis Unit of the Central Valley Project until by the Committee of Conference, with com- the revenues collected in fiscal year 2001 by certain conditions are met. The language parisons to the fiscal year 2000 amount, the 2 percent. also provides that the costs of the Kesterson 2001 budget estimates, and the House and OFFICE OF INSPECTOR GENERAL Reservoir Cleanup Program and the San Joa- Senate bills for 2001 follow: The conference agreement includes quin Valley Drainage Program shall be clas- $5,500,000 as proposed by the House and the sified as reimbursable or non-reimbursable [In thousands of dollars] Senate, to be offset by revenues of $5,390,000, by the Secretary of the Interior and that any New budget (obligational) for a net appropriation of $110,000. This re- future obligation of funds for drainage serv- authority, fiscal year flects the statutory language adopted by the ice or drainage studies for the San Luis Unit 2000 ...... $21,647,047 conference to reduce the revenues collected shall be fully reimbursable by San Luis Unit Budget estimates of new in fiscal year 2001 by 2 percent. beneficiaries pursuant to Reclamation law. (obligational) authority, fiscal year 2001 ...... 23,146,559 NUCLEAR WASTE TECHNICAL REVIEW BOARD Sec. 604. The conference agreement in- cludes language proposed by the Senate lim- House bill, fiscal year 2001 22,204,000 The conference agreement provides iting the use of funds to propose or issue Senate bill, fiscal year 2001 23,131,901 $2,900,000 instead of $2,700,000 as proposed by rules, regulations, decrees, or orders for the Conference agreement, fis- House and $3,000,000 as proposed by the Sen- purpose of implementing the Kyoto Protocol. cal year 2001 ...... 24,088,380 ate. The conferees do not concur with the report Conference agreement GENERAL PROVISIONS language proposed by the House. compared with: The conference agreement deletes lan- New budget Sec. 605. The conference agreement in- (obligational) author- guage proposed by the Senate establishing a cludes language extending the Coastal Wet- Presidential Energy Commission. ity, fiscal year 2000 ...... +2,441,333 lands Planning, Protection and Restoration Budget estimates of new TITLE V Act. (obligational) author- FISCAL YEAR 2001 EMERGENCY Sec. 606. The conference agreement in- ity, fiscal year 2001 ...... +941,821 APPROPRIATIONS cludes language redesignating the Interstate House bill, fiscal year DEPARTMENT OF ENERGY Sanitation Commission as the Interstate En- 2001 ...... +1,884,380 vironmental Commission. Senate bill, fiscal year ATOMIC ENERGY DEFENSE ACTIVITIES Provisions not adopted.—The conference 2001 ...... +956,479 CERRO GRANDE FIRE ACTIVITIES agreement deletes language proposed by the JAMES T. WALSH, The conference agreement includes an House amending the Energy Policy and Con- TOM DELAY, emergency appropriation of $203,460,000 as servation Act. DAVE HOBSON, proposed by the Senate for Cerro Grande The conference agreement deletes lan- JOE KNOLLENBERG, Fire Activities at the Los Alamos National guage proposed by the House limiting the RODNEY FRELINGHUYSEN, Laboratory in New Mexico. use of funds to pay salaries of employees of ANNE M. NORTHUP, The recommendation includes $46,860,000 the Department of Energy who refused to JOHN E. SUNUNU, for repair and risk mitigation associated take polygraph examinations. VIRGIL GOODE, Jr., with physical damage and destruction; The conference agreement deletes lan- BILL YOUNG, $25,400,000 for restoring services; $18,000,000 guage proposed by the Senate repealing sec- ALAN B. MOLLOHAN, for emergency response; and $15,000,000 for tions of Public Law 106–246. MARCY KAPTUR, resuming laboratory operations. CARRIE P. MEEK, In addition, funding is provided for the fol- The conference agreement deletes lan- DAVID E. PRICE, lowing construction projects: $6,100,000 for guage proposed by the Senate requiring the BUD CRAMER, Project 97–D–102, Dual-Axis Radiographic Tennessee Valley Authority to complete an DAVE OBEY, Hydrotest Facility (DAHRT); $25,000,000 for environmental impact statement before pro- Managers on the Part of the House. Project 01–D–701, Site-wide Fire Alarm Sys- ceeding with the sale of mineral rights. tem Replacement; $20,000,000 for Project 01– The conference agreement deletes lan- CHRISTOPHER S. BOND, D–702, Emergency Operations Center Re- guage proposed by the Senate requiring a re- CONRAD BURNS, placement and Relocation; $29,100,000 for port to Congress on electricity prices. This RICHARD C. SHELBY, Project 01–D–703, TA–54 Waste Management requirement has been included in report lan- LARRY E. CRAIG, Mitigation; $10,000,000 for Project 01–D–704, guage. KAY BAILEY HUTCHISON, Office Building Replacement Program for The conference agreement deletes lan- TED STEVENS, Vulnerable Facilities; and $8,000,000 for guage proposed by the House prohibiting the PETE V. DOMENICI, Project 01–D–705, Multi-channel Communica- use of funds to pay an individual who simul- BARBARA A. MIKULSKI, tions System. The Department is directed to taneously holds positions within the Na- PATRICK LEAHY, include construction project data sheets for tional Nuclear Security Administration and FRANK R. LAUTENBERG, these projects in the fiscal year 2002 budget the Department of Energy. This matter has TOM HARKIN, request. been addressed in section 315. ROBERT C. BYRD, H10224 CONGRESSIONAL RECORD — HOUSE October 18, 2000 HARRY REID, uary 6, 1999, and under a previous order projects for the House districts of pow- DANIEL K. INOUYE, of the House, the following Members erful Members of the Republican lead- Managers on the Part of the Senate. will be recognized for 5 minutes each. ership. Senator JOHN MCCAIN of the f f other body stood on that floor, and I LEADERSHIP LACKING ON HMO The SPEAKER pro tempore. Under a quote, said ‘‘there were over $700 mil- REFORM previous order of the House, the gen- lion in transit earmarks in the Chicago Metropolitan Transit Authority in the (Mr. GREEN of Texas asked and was tleman from Missouri (Mr. CLAY) is recognized for 5 minutes. home district of the Speaker of the given permission to address the House House, and yet the Republican leader- for 1 minute and to revise and extend (Mr. CLAY addressed the House. His remarks will appear hereafter in the ship refuses to allow an up and down his remarks). vote on our modest proposal to provide Mr. GREEN of Texas. Mr. Speaker, I Extensions of Remarks.) f tax credits to help finance just a few just wanted a one minute at an unusual neighborhood schools.’’ time of the day because this House has SCHOOL CONSTRUCTION The Transportation appropriations passed one of the strongest HMO re- The SPEAKER pro tempore. Under a bill also reported earmarks of $102 mil- form bills that I have seen. We passed previous order of the House, the gen- lion for something called the U.S. 82 it over a year ago, and yet this bill still tleman from North Carolina (Mr. Bridge across the Mississippi River in languishes in its House-Senate con- ETHERIDGE) is recognized for 5 minutes. Greenville, Mississippi, in the home ference committee. Obviously we need Mr. ETHERIDGE. Mr. Speaker, I ap- State of the majority leader of the more effort to make sure that we pass preciate this opportunity to speak this other body; and yet the Republican a national HMO reform bill. evening on an issue that is critically leadership of this Congress refuses to This issue is important to the voters, important for communities throughout have a vote for simple school construc- and it has been, and that is why when my district and across this country and tion for the children of this country. I listened to the presidential debates that is school construction. Mr. Speaker, as the former chairman last night, I heard it come up a number I am pleased to be joined this evening of my State’s House Committee on Ap- of times, how we needed a strong man- by several of my Democratic col- propriations, I know well the need for aged care reform or HMO reform bill. leagues in a series of special order government investment in certain Let me set the record straight: the speeches to call on the Republican projects to help give people a hand up, Texas legislature passed a bill in 1995 leadership to pass real school construc- but I also know that budgets and ap- that was a strong HMO reform bill. In tion legislation before this Congress propriations represent more than just 1995, the Texas legislature passed a adjourns. items on the balance sheet. They rep- strong HMO reform bill. It was vetoed Since the beginning of my service in resent our values. by Governor Bush. In 1997, they passed the United States House nearly 4 years What does it say about the values of another bill that became law without ago, I worked hard with members of this Congress that the leadership re- his signature. Last night, listening to both bodies across the partisan aisle to fuses to allow a vote on a bipartisan the debates, you would have thought craft a creative legislative response to school construction bill, while at the there had been a lot of exercise in lead- the urgent problem of overcrowded same time it loads up must-pass bills ership on HMO reform in the Gov- schools, run-down facilities and the with these special-interest pork ernor’s office in Texas. widespread use of trailers and closets projects? What we need is strong leadership in as classrooms. the White House for an HMO reform The Interior appropriations bill con- Mr. Speaker, across my district and tains many special items earmarked. bill, because it does not look like it is many places in this country, our going to happen this year. So next year For example, there is $500,000 for a Na- schools are bursting at the seams. Just tional First Ladies Library in Ohio for we will need it. Our bill, the Dingell- about every day I hear from teachers, Norwood bill, was actually patterned a senior ranking member. It contains parents, students and others that the $176,000 for the Reindeer Herders Asso- after the Texas law of 1997. need for better schools for our children So, just like you want to hear the ciation, and it contains $1.5 million to to learn and teachers to teach are des- refurbish the Vulcan Statue in Ala- rest of the story, the whole point is perately needed. that we need strong HMO reform legis- bama. lation, it needs to pass the House and b 1900 Mr. Speaker, these projects may have the Senate, and it needs to have the ag- Mr. Speaker, I am pleased that so their merit. I am not an expert on gressive activity from a chief executive many Members have come together to every line item in an appropriations in the President of the United States. I support a common sense bipartisan bill; but as the former superintendent would hope that the people would real- piece of legislation to address this of my State schools, I do know that our ize for the record who is embellishing problem. schools are bursting at the seams. Our their record now. H.R. 4094, the Rangel-Johnson- communities need our help to help build and modernize schools, reduce f Etheridge bill, has enjoyed the support of 228 cosponsors in the House, Repub- classroom sizes and relieve over- FURTHER MESSAGE FROM THE licans and Democrats alike. This im- crowding and enhance good order and SENATE portant bill would provide about $25 discipline in classrooms and improving A further message from the Senate billion in new school construction education for all of our children. by Mr. Lundregan, one of its clerks, an- bonds for communities throughout this H.R. 4094 will not solve all of our nounced that the Senate agrees to the country. problems, but it is a good step in the report of the committee of conference We now have a clear majority of the right direction; and I urge the Repub- on the disagreeing votes of the two Members in the U.S. House who will lican leadership of this House to bring Houses on the amendment of the Sen- vote for this bill if we can just get it to this common sense bill to the floor ate to the bill (H.R. 4461) ‘‘An Act mak- the floor for a vote; but, unfortunately, without further delay and let us pass ing appropriations for Agriculture, the Republican leadership continues to it. Rural Development, Food and Drug Ad- keep it tied up in committee. ministration, and Related Agencies Mr. Speaker, this refusal to act on f programs for the fiscal year ending this common sense bipartisan bill to The SPEAKER pro tempore (Mr. September 30, 2001, and for other pur- build and renovate schools stands in DICKEY). Under a previous order of the poses.’’ sharp contrast to the blatant manipu- House, the gentlewoman from Mary- f lation of the appropriations bills to land (Mrs. MORELLA) is recognized for 5 bring pork back to their home dis- minutes. SPECIAL ORDERS tricts. (Mrs. MORELLA addressed the The SPEAKER pro tempore. Under For example, the Transportation ap- House. Her remarks will appear here- the Speaker’s announced policy of Jan- propriations bill is full of earmarked after in the Extensions of Remarks.) October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10225 H.R. 4094, AMERICA’S BETTER children that are ready to go on to a 4- SEC Chairman Arthur Levitt and CLASSROOM ACT OF 2000 year institution or community colleges asked that the comment period on the The SPEAKER pro tempore. Under a where they are overcrowded, what is rule be extended past its September 25 previous order of the House, the gen- going to happen to them? Are they deadline and that the rule be modified tleman from California (Mr. BACA) is going to have access to our community to address the concerns raised by mem- recognized for 5 minutes. colleges or State colleges or univer- bers of the accounting industry. Mr. BACA. Mr. Speaker, the chal- sities? Under no circumstance was it my de- lenge confronting us today and the fu- The answer is no. That is why we also sire or intention to delay the ultimate ture of education in America is before have to provide a tax incentive and tax decision to next year and a new com- us. We, as a Nation, must put edu- break and a tax tuition to make sure mission. I particularly want to go on cation as the number one priority if we our children have that opportunity. We record as opposing any attempt to re- are to meet the needs of the 21st cen- all have to come together. This is not quire a delay through legislative tury, if we are to look at where our a partisan issue. This is a bipartisan means. I continue to believe all parties in- children are going to be. We need to in- issue. This is about America. This is volved, including the accounting indus- vest in education. We need to make about our children. This is about in- try, should strive to reach a workable sure that class size reduction is in our vestment. Let me tell my colleagues, when I and mutually agreeable compromise classroom. before a final determination is made. It We need to make sure that we do hear teachers telling me that they are is my hope as the SEC moves forward modernization in our classroom. If we out buying supplies because we are not providing the funding. My son is a with this rule they will remain open to look at today’s society, if we look at the comments and concerns raised by where we were, many years ago many teacher at a junior high school and he is going out and spending money. He the accounting industry and the chal- of us were very fortunate, that when lenges it faces. we went to school, class sizes were just became a teacher this year, and let f small, we were able to have the rela- me tell my colleagues he is going out tionship between 25 and one ratio. In and buying supplies. They should not The SPEAKER pro tempore. Under a today’s classroom, we have 45 to one have to buy supplies. We should fund previous order of the House, the gen- education. We are not investing enough AUL ratio. It is ridiculous. tleman from Texas (Mr. P ) is recog- How can we have our children learn? in education. nized for 5 minutes. The Republican Party plan right now (Mr. PAUL addressed the House. His How can we get them to progress and does not invest enough money in edu- remarks will appear hereafter in the how can we hold accountability when cation. We have to put more money in Extensions of Remarks.) we have so many students in our class- education. It is an investment in the room? We have to put a high priority, f future and at the same time we have to that is why we have to look at mod- The SPEAKER pro tempore. Under a deal with Head Start programs, pre- ernization. We have to look at class- previous order of the House, the gen- school programs, after-school pro- room reduction. If not, what is going to tleman from Massachusetts (Mr. grams, provide the incentives so our happen to our children? And if we look TIERNEY) is recognized for 5 minutes. children have that opportunity to learn (Mr. TIERNEY addressed the House. at modernization, we also have to look in an environment that is conducive. to create an atmosphere that is good His remarks will appear hereafter in How can someone go to a school in our the Extensions of Remarks.) for our children as well. ghettos and some of our other areas When they go into the classroom, we f where they are not even fixed and they want to make sure that the faucets are not compared to other institutions, OUTRAGE AT STATE DEPART- work well, that there is no broken win- and they look at TV and they see a MENT’S DISMISSAL OF SAILORS dow, there are no leaking roofs. If we modern school in that area and they WHO DIED ON THE U.S.S. COLE look at technology, we want to make say the environment is great? The SPEAKER pro tempore. Under a sure that everybody is competitive, Well, teachers have to also be moti- previous order of the House, the gen- that our children and others have the vated. They are motivated when they tleman from Washington (Mr. same opportunity that other individ- know they have good schools, they METCALF) is recognized for 5 minutes. uals have. It can only happen if we have the equipment, they have the Mr. METCALF. Mr. Speaker, I rise fund education at the highest level. tools and the instruments to teach our today to share my outrage at our State What we also have to make sure that children. It can only happen if we pro- Department’s callous and thoughtless we do is, if we have 100-some teachers vide those funds. dismissal of the young men and women that we have the accountability. If it is Mr. Speaker, we have a lot of work who died on the U.S.S. Cole. not there, what is going to happen to ahead of us. We have got a big agenda I will quote from an October 16 State us? What is going to happen to our ahead of us right now, but we have to Department memorandum telling children? Our children are at stake. come together; and if we do not come Voice of America to quash an editorial Our future is at stake. They are our fu- together, America will lose. on terrorism, and I quote from that: ture. They are our future taxpayers. f ‘‘The 17 or so dead sailors does not They are the ones that are going to compare to the 100-plus Palestinians guide our Nation, but it is our respon- SECURITIES AND EXCHANGE COM- who have died in recent weeks.’’ sibility to provide for them; and if not, MISSION PROPOSED RULE FOR Since when are American lives less we fail America, we fail our children. AUDITING FIRMS valuable to our State Department than Let me tell say, Mr. Speaker, we The SPEAKER pro tempore. Under a Palestinian lives? Yes, my colleagues have to invest more, and the agenda by previous order of the House, the gen- heard me right: our State Department the Democratic Party right now and tleman from Connecticut (Mr. SHAYS) dismissed the lives of our young sailors the bipartisan H.R. 4094 deals with a lot is recognized for 5 minutes. who died on the U.S.S. Cole. Something of these problems right now, deals with Mr. SHAYS. Mr. Speaker, I rise to is really wrong when the Federal bu- the classroom size, deals with mod- speak about the rule proposed by the reaucracy is writing off our servicemen ernization, deals with teacher training, Securities and Exchange Commission, while the rest of the Nation is mourn- deals with incentives, deals with tax SEC, that would affect the consulting ing. breaks; and at the same time we also affiliates of auditing firms. Mr. Speaker, I do sincerely grieve for have to provide incentives for students The proposed rule was brought to my the Palestinians and Israelis who have to go on to our community colleges attention over a month ago by con- lost their lives in the tragic conflict and our State colleges. stituents concerned about its effect on over the recent weeks; however, when In California alone, we have over 6 large accounting firms who also per- our own State Department dismisses million students in K through 12. If we form consulting services for their cli- the lives of our young men and women do not begin to take steps to build ad- ents. protecting our national interests over- ditional schools, what is going to hap- In response to the concerns raised by seas, something is truly wrong and pen to our children there? And these some of my constituents, I wrote to heads should roll. H10226 CONGRESSIONAL RECORD — HOUSE October 18, 2000 Mr. Speaker, I will submit the State dition to regular foreign aid, many bil- tionalist. Moser writes of Taft: ‘‘. . .he Department’s memorandum for the lions more through the military, the was remarkably prescient on many of CONGRESSIONAL RECORD and would like Agriculture and Commerce Depart- the problems inherent in a highly to thank C-N-S-News.com and its exec- ments, the State Department, the interventionist foreign policy: unprece- utive editor Scott Hogenson for break- United Nations, the International Mon- dented accumulation of power in the ing this important story and shedding etary Fund, the World Bank and on and hands of the executive branch of the light on this contemptible behavior by on and on. government, curtailment of civil lib- our State Department. This administration has deployed our erties at home, the charge of ‘impe- f troops around the world more times rialism’ arising from American influ- The SPEAKER pro tempore. Under a than the six previous administrations ence abroad, and most importantly, the previous order of the House, the gentle- put together, mostly just turning our danger of what Paul Kennedy referred military in international social work- to as ‘imperial overreach,’ the exten- woman from Illinois (Ms. SCHAKOWSKY) is recognized for 5 minutes. ers. Billions and billions and billions in sion of overseas commitments beyond (Ms. SCHAKOWSKY addressed the Haiti, Rwanda, Somalia, Bosnia and the ability of a nation to meet them.’’ House. Her remarks will appear here- Kosovo. Right now we are spending $2 Senator Taft once said, ‘‘Nothing can after in the Extensions of Remarks.) billion a year on what the Associated destroy this country except the over- Press has described as a forgotten war extension of our resources.’’ We should f against Iraq. heed these words today. END-OF-THE-YEAR SPENDING b 1915 f ORGY IN CONGRESS RIGHT NOW Most of our people do not even real- STUDENT LOAN DEFAULT RATES The SPEAKER pro tempore. Under a ize we are still bombing there against a The SPEAKER pro tempore (Mr. previous order of the House, the gen- nation now so weak that it is abso- DICKEY). Under a previous order of the tleman from Tennessee (Mr. DUNCAN) is lutely no threat to us at all unless our House, the gentleman from Texas (Mr. recognized for 5 minutes. continued bombing forces them into HINOJOSA) is recognized for 5 minutes. Mr. DUNCAN. Mr. Speaker, we seem some type of desperate terrorist ac- Mr. HINOJOSA. Mr. Speaker, there is much to have an end-of-the-year spending tions. good news in higher education this year and orgy going on in Congress right now. Many large companies benefit great- we should take a few moments in the House David Broder mentions in his column ly from these trade deals and from our of Representatives to take note of it. This is in The Washington Post today that sending billions to other countries in news for which we can all take some creditÐ spending for fiscal year 2001 will be $100 military or non-military missions. the Congress, the Administration, borrowers, billion more than allowed under the They and their allies in the national colleges and universities, lenders, loan guar- last major budget deal, according to media and elsewhere have made it po- anty agenciesÐso it is in that spirit that I offer the ‘‘Congressional Quarterly.’’ litically incorrect to oppose these these observations. Apparently most of the congressional trade deals or oppose sending mega bil- Twenty to 25 years ago, few people left col- leadership feels that we have to give lions overseas. lege with student loan debt. But today, student into the excessive spending demanded Those who do oppose all this foreign loans are a fact of life for millions of students by the President, because the alter- spending or these trade deals that ben- and graduates. They have opened the door of native is to shut down the government. efit big international corporations are opportunity to individuals who otherwise would Unfortunately, there simply are not very falsely accused of being isolation- have no options to improve their earning po- enough fiscal conservatives to override ists. However, if Members hear anyone tential. presidential vetoes. However, we are make this charge, they should realize President Clinton recently announced that spending away a surplus that we do not immediately that this name-calling the student loan cohort default rate is the low- yet have. simply means that the person calling est on record, falling from a high of 22.4 to 6.9 We are jeopardizing the economy and someone an isolationist is trying to percent. our children’s future in the process. We avoid an argument on the merits. This represents a savings to taxpayers of now have a foreign trade deficit of al- This Nation should be friends with approximately $7 billion over the period from most a billion dollars a day. This every nation. We should have all sorts fiscal year 1993 to fiscal year 2000. But more means we are buying roughly $350 bil- of foreign exchange programs and dip- importantly, it speaks volumes about the De- lion a year from other countries more lomatic relations, and send our experts partment of Education's program flexibility and than we are selling to them. This is in every field when requested, and lead willingness to work with borrowers. primarily because we have entered into international fundraising in times of Secretary of Education Riley noted that this bad trade deals, deals good for some big human catastrophe. But this does not record has been achieved by ``a robust econ- multinational companies, but very bad mean that we should keep sending bil- omy, strong department management, tougher for small American businesses and lions and billions overseas, or contin- enforcement tools authorized by Congress, American workers. ually bombing people who have not and stepped up efforts by colleges, lenders, Most economists agree that we lose threatened us, or be the world’s police- guaranty agencies, and others.'' roughly 20,000 jobs per billion, and no man through our military. What makes this even more noteworthy is country can sustain a $350 billion-a- President Kennedy said in 1961 that that the decline in defaults came at a time year trade deficit for very long. Do we with just 6 percent of the world’s popu- when student loan volume was tripling and ever wonder why so many young people lation, we must realize that we are nei- educational opportunity was expanding to are working as waiters or waitresses or ther omnipotent nor omniscient, and more low-income students, entailing higher why so many young people are going to that there is not an American solution risks. It is a great achievement. graduate school because the good jobs to every world problem. Now we are The President also recently announced a re- are not there for even college grad- less than 4 percent of the world’s popu- duction in interest rates for students in the Di- uates like they used to be? lation. rect Loan Program who make their first 12 Along with this foreign trade deficit George Washington warned against payments on time. Students have especially is all the spending our government entangling alliances with foreign coun- welcomed this reduction in college costs. Stu- does in and for other countries. The tries, and Dwight Eisenhower warned dent organization leaders have noted that all liberals found out many years ago that against a military-industrial complex students benefit when the Direct Loan Pro- foreign aid was very unpopular, so they that would commit us all over the gram can offer the same kinds of repayment just started spending foreign aid world simply so that it and its compa- incentives as the bank-based Federal Family money through numerous other foreign nies could get more money. Education Loan Program. programs. Professor John Moser, writing in the This encourages healthy competition be- They will very misleadingly say that Autumn 1999 issue of Ohio History, tween the programs, which makes students our foreign aid money is less than 1 noted that Senator Robert Taft was the ultimate beneficiaries. percent of our Federal budget. What often falsely called an isolationist This reduction is possible because of the they do not say is that we spend in ad- when he was really a conservative na- change Congress made in the 1998 Higher October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10227 Education Amendments. These changes gave cause America’s public schools are at- not guarantee one Federal dollar for the Secretary the authority to offer the same tended by 90 percent of American chil- class size reduction. kind of repayment incentives to Direct Loan dren, we need to ensure that every We would provide a new $1 billion borrowers as exist in the bank-based program. class is led by a highly-qualified teach- teacher quality initiative, whereas the Mr. Speaker, I would also like to note that er; we also aim to establish new incen- opposition has rejected this proposal there is a third piece of good news in which tives to recruit highly-qualified teach- and has proposed funding lower than Congress has played an important role. In fis- ers. this for two combined programs. cal year 2000 alone, $4 billion has been re- Secondly, we will reduce class size. We would provide $1.3 billion to le- covered on defaulted loans through vigorous We will recruit 100,000 highly-qualified verage about $6.7 billion in grants and collection efforts by the Department of Edu- teachers and reduce class sizes for loans to fund school renovation. The cation and the loan guaranty agencies. Con- grades one through three to a national opposition rejects this approach. All of our proposals, including fund- gress authorized the use of offsetting Federal average of 18 children; ing for after-school programs, safe-and- income tax refunds, wage garnishment, and Thirdly, we will build accountability drug-free schools, accountability and other methods to aid in the collection of these measures to ensure that school dis- the Head Start and Gear-Up programs loans. tricts and States set high standards have either been rejected or cut dra- What is important, however, is that default- and help every student achieve by matically by the House leadership. ers also have the opportunity to get out of de- building on proven reforms; Fourthly, we will build new schools This is unacceptable. fault through loan consolidation and the oppor- Mr. Speaker, I ask my colleagues to tunity to repay their loans based on their in- and repair existing ones. The Federal help to renovate 6,000 local public stand up for education and for our come. We must never burden students with schools, and work towards a better loans they cannot repay, and much of our cur- schools and repair an additional 8,300 schools to improve learning conditions America for all of our children. If we do rent as well as future savings will be due to is vital to our children’s future. not stand up for education and our the appropriate use of the carrot as well as We will aim to expand educational schools, we will fall for anything. the stick. technology. We will continue to pro- f Declining default rates, increased collec- vide schools with Internet capacity, CONGRATULATIONS TO PRO- tions, savings produced by the direct student and bring new technology into the loan programÐwhen we combine the fruits of FESSOR DANIEL J. MCFADDEN classrooms. ON WINNING NOBEL PRIZE FOR all these labors, the end result is that we are Finally, we will promote lifelong ECONOMICS saving American taxpayers $18 billion. learning in all of our public schools. Too often we overlook the good news in Our agenda wants to put America on The SPEAKER pro tempore. Under a education and fail to note the successes of the path to have preschool universally previous order of the House, the gentle- our legislation and its implementation. available to every child, and to bring woman from California (Ms. LEE) is Let us take a moment here to offer con- the dream of a college education closer recognized for 5 minutes. gratulations to all for the excellent news com- to reality for everyone by making tui- Ms. LEE. Mr. Speaker, I rise this ing out of higher education this year. tion more affordable through tax relief, evening to recognize and to congratu- late a distinguished member of the f and by increasing funds for college University of California at Berkeley, DEMOCRATIC EDUCATION AGENDA grants and loans. These simple six steps will ensure Professor Daniel J. McFadden. The SPEAKER pro tempore. Under a Last week, Professor McFadden, that our children are guaranteed the previous order of the House, the gentle- along with Professor James Heckman education they deserve. of the University of Chicago, received woman from Indiana (Ms. CARSON) is Since coming to the House of Rep- recognized for 5 minutes. the Nobel Prize for Economics. resentatives, I have worked to bring Together, through their research and Ms. CARSON. Mr. Speaker, I rise Congress to the classroom. Two years today in support of the Democratic observations, they have contributed ago, I visited Crispus Attucks Junior significantly to the understanding of education agenda for the 107th Con- High School, which was my alma gress. individual and societal behavior. Their mater. Crispus Attucks is a good exam- vital work cuts across disciplinary bar- We live in a changed world: a new ple of what can be achieved when peo- economy, new technology, and new riers and greatly enhances our under- ple in government are committed to standing of economics and public pol- family realities. More than ever, we all public education and public schools. need our children to achieve their full icy. The school created a good learning Prior to joining the world of the aca- potential. But our children are not get- environment and provides training on ting the support they need. demic and social sciences community computers and the Internet. at the University of California at Our friends in the majority promised I worked to have Crispus Attucks radical improvements for public edu- Berkeley in 1963, Professor McFadden, High School connected with a school in like many of us, attended public cation when they gained control of the Darby, United Kingdom, and they are school. House 6 years ago. They said they doing a tremendous job because they As a young man during his college would get the government out of our have similar characteristics, and are years, he was always attracted to the schools, and they followed through on getting acquainted in a very vital way studies of human behavior. His passion that pledge by trying to abolish the with each other. for the field of behavioral sciences and Department of Education. However, more help is needed. With the drive to learn and analyze human They continually turned their backs information technology now a key ele- behavior helped launch an ambitious on their responsibility to focus on the ment of the global economy, we must career and a lifelong commitment to priorities of the American people. Say- make sure that our children are pre- the study of behavioral and social ing the Federal government has no pared to use this technology when they sciences. place in our public schools did nothing enter the world of work. Subsequently, Dr. McFadden devel- to lift up a child or to help a parent, The Democratic agenda aims to se- oped and linked these behavioral theo- and the American people rightly re- cure computers for all schools. The fu- ries to mathematics, statistics, and ec- jected their plan. ture of our children is vital, and Fed- onomics. I quote the distinguished majority eral help must not be seen as negative Mr. Speaker, I am proud and honored leader, the gentleman from Missouri big government intervention. to congratulate and recognize Pro- (Mr. GEPHARDT), when I say, ‘‘It is time The educator and author Derek Bok fessor McFadden for this lifetime of for a new vision.’’ once wrote, ‘‘If you think education is achievements. His dedication and his While looking forward to the 107th expensive, try ignorance.’’ Bad House outstanding work in economics have Congress, Democrats will make six new majority policies have cost America contributed significantly to our soci- commitments to modernize our public dearly. Children are being neglected, ety. schools and lift up every child: and they cannot raise themselves. The implications of his research ex- First, we will recruit and train high We would provide $1.7 billion for re- tend far beyond the ivory tower. Be- quality teachers and principals. Be- ducing class size. The opposition did cause of his efforts, governmental H10228 CONGRESSIONAL RECORD — HOUSE October 18, 2000 agencies and city planners in the that bill in the final agreement, as the gentleman from Missouri (Mr. United States are able to make better well. CLAY). As he leaves the House after his decisions about health care services, But school modernization and recon- years of distinguished service, he social services, employment programs, struction is only a beginning. Mr. leaves us in this country an out- transportation, and other critical areas Speaker, in the district of the Virgin standing legacy which includes enact- of modern life. Islands, which I represent, just under ing legislation to strengthen Head The cities of the San Francisco-Oak- 3,000 members of the American Federa- Start, elementary and secondary edu- land Bay area, for example, owe a great tion of Teachers are in the fifth day of cation programs, and college financial deal of the work to Professor McFad- a strike for retroactive wages and bet- aid programs, as well as many other den in terms of his research in helping ter working conditions. mainstays of American education. to shape the design of our Bay Area When our teachers strike, our stu- I can think of no more fitting tribute Rapid Transit commuter train system, dents suffer. We need the Federal gov- to his service than passing landmark which is very crucial to tens of thou- ernment to help us in many areas so we funding for this Nation’s public schools sands of people for their daily commute can better address our teachers’ very and creating the Congressional Black to work. valid concerns and their long overdue Caucus’ public school emergency recov- Professor Daniel McFadden joins 16 salary increases. ery program. other Berkeley colleagues as Nobel We in the Congressional Black Cau- Mr. Speaker, the outcome of our end- Prize winners. This impressive roster cus have an important education agen- of-the-term negotiations this year of intellectuals also demonstrates the da. We are calling for a public school must begin with an education budget commitment of this university to the emergency recovery program, which that ensures a 21st century education larger social and economic world. As comprehensively addresses the needs of for each and every one of our Nation’s an alumna of the University of Cali- our poorest and most needy schools. It children, truly leaving not one of them fornia at Berkeley, I am especially will cost $10 billion of the surplus. behind. proud of these accomplishments. The schools in my and other districts f Mr. Speaker, once again, I congratu- need this help. It is more important GOVERNMENT MUST DO MORE TO late Professor McFadden for his Nobel than a tax break for the richest 1 per- IMPROVE EDUCATION Prize award. I appreciate having this cent in our country, and it is a much opportunity to express my appreciation better and more effective way to ad- The SPEAKER pro tempore (Mr. for the hard work and commitment of dress the needs of education than our DICKEY). Under a previous order of the our most recent Nobel Prize winner in vouchers, which at best is a risky de- House, the gentleman from New York economics, Professor Daniel J. McFad- flection of funding from public schools, (Mr. OWENS) is recognized for 5 min- den. where most of our Nation’s children utes. f are educated. Mr. OWENS. Mr. Speaker, for the Mr. Speaker, my daughter Rabiah is past few years, the American people EDUCATION a second grade teacher at Barnard have, through numerous focus groups The SPEAKER pro tempore. Under a School here in the District, a school and polls, sent a strong message to all previous order of the House, the gentle- that would benefit from the CBC’s pro- elected officials. Government must do woman from the Virgin Islands (Mrs. posed initiative. This week, she and more to improve education. Govern- CHRISTENSEN) is recognized for 5 min- other teachers are being sent home. ment at every level, the local level, the utes. She had 22 students in her class. Bar- State level, and at the Federal level Mrs. CHRISTENSEN. Mr. Speaker, I nard School and many others need must do more to improve education. rise today to speak on the Congress more teachers, not less, to meet the Now we are finally approaching the education agenda, or lack of one. needs of their children. closing days of the 106th Congress, the Two months ago, the Nation’s The time has come for us to send a scandal of this session of Congress is schools opened their doors to the larg- message across the Nation that our that, despite the existence of a $230 bil- est number of students in history. Yet, children are a priority and that we lion Federal surplus, to date, the Re- the Nation began the 2000–2001 aca- value and will invest in the education publican majority has refused to re- demic year facing a national education that they receive. We need to pass a spond to the clear demand of the Amer- crisis. budget that reflects investment in ican voters. Our teachers and students are strug- school modernization, that addresses The Republicans have chosen to gling to teach and learn in under- the needs of our teachers by creating move in the opposite direction. Repub- funded, inadequate, substandard, and smaller classes, by increasing opportu- lican inaction is sabotaging the Fed- crowded conditions. The average Amer- nities for training, by giving them eral effort to improve our schools. ican school building is now more than more support staffing and programs, Even long-standing programs, such as 40 years old, and the estimated price and by providing incentives to keep ESEA Title I have not been reauthor- tag to bring our schools into good con- good teachers in our classrooms. ized by this Republican-controlled Con- dition is $127 billion. I urge our leadership to follow the gress. Only destructive proposals are Many of our Nation’s communities, will of the majority of the Members of being placed on the negotiations table like my own, are working to build and this House by bringing to the floor and by the Republicans. modernize schools, but they lack or passing an education budget that fully Publicly funded school vouchers and have very limited funding. responds to the real education needs of block grants are two of the most dan- Our President has proposed a school all segments of our Nation. gerous Republican proposals on the construction tax credit to help commu- table. Both of these radical programs b nities build and modernize 6,000 1930 will hasten the demise of the public schools, and grants and loans for emer- I echo the President’s call for contin- school systems in our Nation. gency repairs to nearly 5,000 schools a ued work to strengthen accountability We call on President Clinton to rule year for 5 years. This school construc- and raise test scores; to turn around that block grants and vouchers are tion relief has bipartisan support in the failing schools or shut them down or nonnegotiable items in the end game House of Representatives, and needs to put them under new management; to negotiations that are now beginning to be voted on. expand after school programs and col- take place. Title I block grants are Mr. Speaker, there is also substantial lege opportunities for young people; nonnegotiable. We refuse to accept a support in the House of Representa- and to ensure a qualified teacher in situation where block grants would re- tives for H.R. 4094, the Rangel-Johnson every class. turn the power to the States using Fed- bill, which would amend the Tax Code Mr. Speaker, as we come to the end eral money to decide how Title I will to provide incentives for school con- of this session of Congress, we will be be spent. struction and modernization. It has saying good-bye to several of our col- It is the neglect, the savage neglect more than 225 cosponsors. I ask my col- leagues. One of them is a steadfast over the years of the States that have leagues to include the provisions of champion of education as well as labor, created conditions in our inner city October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10229 communities and poverty rural com- happy to report that the end is almost Again, according to the National munities that the Federal Government in sight, that the School Construction Center for Educational Statistics, ele- found necessary to address when the Authority in New York City has an mentary and secondary school enroll- Elementary and Secondary Education agenda where by the end of the year ment, already at a record-high 52.7 mil- System Act was established. 2001, there will be no more coal burning lion, will climb to 54.3 million by 2008. Why should we abandon the very furnaces in our schools. Again, in Texas, we see similar schools and communities that the Ele- It is imperative that we act now to trends. Our education system has mentary and Secondary Education Sys- construct more schools. The Demo- stretched past a breaking point when tem Act was meant to help? There is cratic initiative is necessary. one adds in the expected growth in the no honorable trade-off possible for f number of students. Over the next decade, the number of block grants and vouchers. We hope EDUCATION that, in the negotiations, there will be students in the elementary and sec- a flat refusal to trade off with the Re- The SPEAKER pro tempore. Under a ondary schools are expected to grow al- publicans on block grants and vouch- previous order of the House, the gen- most 8 percent in Texas alone, approxi- ers. tleman from Texas (Mr. GREEN) is rec- mately 316,000 students. It is estimated The bad news is that Republicans ognized for 5 minutes. almost 13,000 new classrooms will have have turned their backs on education Mr. GREEN of Texas. Mr. Speaker, I to be built to handle this influx of new as the number one priority of the rise today in support of the public students. American people. But the good news is schools in our country. I know that Voters in my own hometown in Hous- that Democrats have responded vigor- should not be a major statement, but ton are trying to address this problem. after hearing all of what people want ously. All year long, we have made pro- In a recent Houston ISD bond election, to do with vouchers and everything posals. they approved $678 million to repair else, maybe we need to have an affirm- Democrats have proposed two school over 70 schools and to build 10 new ative affirmation that says, yes, we construction initiatives. One that most ones. Fifty of the schools in HISD are support our public schools in our coun- people know about is the Rangel-John- over 50 years old. Twenty-five are over try. son initiative that proposes to pay the Some of the key priorities for our 70 years old. Much more is needed be- interest on money borrowed by States public schools are class size reduction, cause they downsized it. Also, voters in the Aldine school dis- and local governments. Up to $25 bil- school modernization, and technology lion would be covered by a Federal al- improvements of both our elementary trict where my wife teaches just ap- location of about $4 billion to cover the and our secondary schools. proved a $115.8 million bond package interest. The President has also pro- We need to fund the President’s plans that would fund six new schools, a posed a direct appropriations initiative for school modernization and class size transportation center, and would pro- of $1.3 billion. reduction, to ensure that our most val- vide upgrades for existing campuses. Democrats support funding for small- uable national resource, our children, Aldine Independent School District is er class sizes. Democrats support fund- will not continue to suffer from sub- already feeling the impact of increased ing for more teachers in the class- standard school facilities and over- enrollment with the number of stu- rooms, and therefore the ratio of stu- crowded classrooms. dents having grown over 1,200 each dents to teachers would be a more ac- Studies by the National Center for year for the last 7 years. ceptable ratio and encourage greater Education Statistics show that, on the $678 million and $115 million sound teaching. average, public schools in America are like a lot of money, but it is really a But one cannot have smaller class 42 years old. School buildings begin drop in the bucket. School populations sizes if one does not have the class- rapid deterioration after 40 years. Ad- continue to increase, newer schools are rooms. The construction initiative is ditionally, 30 percent of our schools beginning to show wear and tear; and vital to the implementation of the were built before 1970 and have never facilities must be upgraded to keep our Democratic initiative to get smaller been renovated. schools equipped with the cutting edge class sizes. Certainly in the poorest These schools are also lagging behind technology our children will need to be schools in the poorest communities, we in our efforts to connect every class- competitive in tomorrow’s job market. do not have the classes for the smaller room to the Internet. Only 42 percent These numbers show that it is abso- class sizes. of schools built before 1985 are con- lutely vital that Congress address the The 21st century learning centers nected to the Internet, compared to al- conditions of our Nation’s schools now proposed by the Democrats for after- most 60 percent of those built since. because the situation will obviously school programs, for summer school According to GAO’s estimate, it get worse. programs, those programs also need would cost $112 billion to bring all our Now, most of the school construction room to operate in. One cannot operate Nation’s schools into good overall con- comes from, first, local money but also effective summer schools unless one dition. State money. But we need to make has buildings that are air conditioned In my home State of Texas, where sure that we help what we can. Even if in most parts of the country. my wife teaches algebra, we have over it is only a few pennies on the dollar, The community technology centers 4 million students in almost 7,000 Mr. Speaker, we can help. That is the are an initiative of this Democratic ad- schools. Of those schools, 76 percent of reason I support the President’s plan to ministration. They want to expand the Texas schools need repairs or up- reduce the class size and build more that. We need space. We need buildings. grades just to reach the ‘‘good’’ condi- classrooms. An increase in Head Start and pre- tion; 46 percent need repairs to a build- Additionally, I join my colleagues school programs is another Democratic ing such as plumbing, electrical, heat- from around the country sponsoring initiative. We cannot increase Head ing or cooling systems; 60 percent have legislation that will make tax credit Starts in the poorest communities at least one environmental quality like bonds available to our schools, offer in- where they are most needed. We cannot air quality, ventilation, or lighting; centives for teachers who choose to increase preschool programs in the and the student-to-computer ratio teach at low-income or underserved poorest communities where they are stands 11 to 1, 11 to 1 student-computer areas and offer tax credits and student most needed unless we have new facili- ratio. So one just has to wait one’s loan forgiveness for college students ties. We have to have better buildings turn for the use of that computer. who choose to make teaching their pro- and more buildings in order to accom- The cost for this alone in Texas is es- fession. modate these programs. timated to be $10 billion to modernize I hope my colleagues will join me in In our inner-city communities, school infrastructure and over $4 bil- supporting these important initiatives, school construction comes first. In lion to address the technology needs. and that we can work together and pro- Brooklyn, in my 11th Congressional Aging schools, however, are not the vide funding for our schools to educate District, we worked vigorously to get only problem we have before us. We our children. Our most important nat- rid of coal burning schools, schools have to address the growing student ural resource is the brains in our chil- that have furnaces that burn coal. I am population. dren that are being educated today. H10230 CONGRESSIONAL RECORD — HOUSE October 18, 2000 GOVERNOR BUSH MISSES MARK tax the conclusion is clear: he provides identifies teaching as the most power- ON COUNTRY PROSPERITY more tax relief for the wealthiest 1 per- ful instrument for reform; and thus The SPEAKER pro tempore. Under a cent than everything he proposes to do teaching is the place to begin. previous order of the House, the gen- to help our health care system, to The commission calls for major changes throughout the teaching pro- tleman from California (Mr. SHERMAN) strengthen Medicare, to strengthen the fession, the scientific professions, and is recognized for 5 minutes. military and to provide for our schools Mr. SHERMAN. Mr. Speaker, we are combined. the institutions that produce our engaged in a great fiscal debate in It is time that we focus on the fiscal teachers. Our country must devote at- tention to the quality, quantity and which the Governor of Texas tells us details of the plans of those who are professional work environment of that, under his plan, every American running for President. This is not a teachers in science and mathematics. who pays taxes will get tax relief. He is popularity contest. In the next 10 years, we will have to re- completely wrong. He should know f cruit and hire 2.2 million teachers just that there are 15 million Americans THE NATIONAL IMPROVEMENT IN to stay even with attrition in the who pay Federal taxes, who pay FICA MATHEMATICS AND SCIENCE teaching force. Most of these teachers, taxes out of their wages that will not TEACHING ACT including all elementary school- get a penny out of his tax plan, because The SPEAKER pro tempore (Mr. teachers, will be called on to teach he ignores the working poor. Those DICKEY). Under a previous order of the science, and many will feel inadequate who care for people in nursing homes, House, the gentleman from New Jersey to teach it. those who clean our buildings and wash (Mr. HOLT) is recognized for 5 minutes. Along with my colleague, the gentle- our cars are left behind. What is worse, Mr. HOLT. Mr. Speaker, we are fortu- woman from Maryland (Mrs. MORELLA), of course, is that he provides almost nate to live in an exciting and pros- who also served on the commission, I half the benefits to the richest 1 per- perous time. The Internet has bridged am introducing legislation that seeks cent of Americans. gaps between generations and nations. to make these changes. The National Now, what concerns me most about Biotechnology has produced medical Improvement in Mathematics and the Governor’s statements is that he miracles. Our cars have more com- Science Teaching Act, as it is called, mocks the importance of fiscal respon- puting power than the Apollo space- establishes a new title in the Elemen- sibility when he tells the country that craft. Success in this information age tary and Secondary Education Act to the prosperity of the last 8 years has depends not just on how well we edu- improve the quality of math and nothing to do with governmental deci- cate our children generally but how science education. sions made in Washington. well we educate them in science and Specifically, this Glenn Commission He is correct that the lion’s share of bill establishes a State assistance the credit for our national prosperity mathematics specifically. Following the launch of Sputnik in grant program to recruit quality teach- goes to American workers whose inge- 1957, major steps were taken in the ers into the field. Under this program, nuity, hard work and inventiveness is United States to improve resources every State will receive funding that building a new economy. But for polit- going into science. The goal was to they can use for a variety of purposes ical gain, he denies that there is an- pursue a superior technical workforce. that are designed to attract new and other essential element, and that is fis- This produced generations of scientists qualified math and science teachers. cal responsibility here in Washington. and engineers who have contributed States can establish a loan forgiveness By denying that what we do here in program, signing bonuses, or even cre- Washington has anything to do with greatly to our economic and technical accomplishments. I am a product of the ate a career ladder for math and how the economy performs, he grants science teachers. The bill also estab- Sputnik revolution. I have spent sev- to us a fiscal license, a statement that lishes a similar grant program to im- eral decades in the world of teaching government has nothing to do with prove professional development of and physics research. But now, as a prosperity, hence government can do these teachers. Like the previous grant policymaker, I see the shortcomings of whatever it wants. program, States would have the flexi- our earlier revolution in science and The fact is otherwise. The facts are bility to use these funds on a variety of mathematics education, and I see the that, during the mid-1980s and the late activities, including master teacher need to increase our effort for science 1980s and the early 1990s, Americans initiatives, summer fellowships in rel- and mathematics education today. were hard working and inventive and evant industries, or summer work- The push for improving public com- ingenious, and yet we did not have shops, among other things. prosperity in this country. petence in science and mathematics is The Glenn Commission bill estab- justified by economics, national secu- b 1945 lishes 15 John Glenn academies to re- rity, and arguments about democracy. cruit recent college graduates and mid- Why? Because we had a budget deficit It is also important for personal fulfill- career professionals to compete for that was growing every year and ment. Mathematics and science bring 3,000 prestigious 1-year paid academy threatened to swallow up private sav- order and harmony and balance to our fellowships. The fellows will be nation- ings in our economy. We cannot afford lives. They teach us that our world is ally recruited for a 1-year intensive the license the political rhetoric from intelligible and not capricious. They course on effective teaching methods the Governor of Texas would grant. give us the skill for lifelong learning; in mathematics and science. In return, Now, we are told by the Governor really for creating progress itself. these Glenn fellows will agree to teach that he does not want to provide so From the evidence we currently have for 5 years in districts with science and much benefit to the upper 1 percent. He at hand, it is clear we are not providing math teacher shortages. I am pleased tells us that his plan will provide only this quality education in math and that this bill establishes a grant pro- $223 billion of tax relief to that richest science to our children. gram to address the achievement gap 1 percent over the next 10 years. He I am proud to have been one of four in math and science education. does this by ignoring the second larg- Members of the House and Senate to Lastly, this bill establishes industry est piece of his proposal, and that is his serve on the National Commission on tax credits and deductions designed to repeal of the estate tax. He tries to the Teaching of Mathematics and encourage partnerships between minimize the fiscal effect of that by Science, chaired by former Senator and schools and business and industry. Spe- using fuzzy phase-in figures. astronaut, John Glenn, and including cifically, industries can receive tax But the fact is the estate tax will be leaders from industry, academia and credits for creating summer fellow- producing $50 billion a year, $500 billion professional and educational organiza- ships for math and science teachers. over 10 years, which means the tions. The Glenn Commission, as it has Likewise, businesses can receive deduc- wealthiest 1 percent, over a 10-year pe- come to be known, was established to tions for donating new math and riod, will be getting $700 billion of tax improve math and science education science equipment and materials to our relief, not just the $223 billion the Gov- throughout the United States, and in public schools. ernor admits to. That is why when we its report, released 3 weeks ago, ‘‘Be- We are just days away from the end look at the estate tax and the income fore It’s Too Late,’’ the commission of the 106th Congress, so some may October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10231 wonder why I am introducing a bill so to be wired properly for today’s edu- The SPEAKER pro tempore. Under a late in this congressional session. In cation. Yet we continue to talk about previous order of the House, the gentle- fact, I could have waited to introduce how much we can give for a tax break. woman from the District of Columbia this bill at the start of the next ses- I do not know why it is so difficult to (Ms. NORTON) is recognized for 5 min- sion, but I see this as a critical prob- understand that kids simply cannot utes. lem that needs to be addressed starting grasp what they are being taught if (Ms. NORTON address the House. Her now. The Glenn Commission only re- they are in a class with too many other remarks will appear hereafter in the leased its report a few weeks ago, and children and only one teacher. In my Extensions of Remarks.) I believe it is important to get to work State of Texas, the ratio is one teacher f for 22 children. That is really above the as quickly as possible to address the The SPEAKER pro tempore. Under a national average, but every one of recommendations of this commission. previous order of the House, the gen- We should not wait until next year to those asks for a waiver each year so tleman from New York (Mr. ENGEL) is that they can have even more students address an issue that will have such a recognized for 5 minutes. in a class. Just imagine young children huge impact on the future of our chil- (Mr. ENGEL addressed the House. His coming to school for the first time and dren and our country. If we are going remarks will appear hereafter in the finding themselves in a class of 25, 30, to make a difference in the education Extensions of Remarks.) and the lives of our citizens, it is im- and 40 children with one teacher. We perative that we start making changes wonder why they do not do well on f right away. tests and wonder why they drop out or CONGRATULATIONS TO CHRISTINE The gentlewoman from Maryland start being absent from school. No MARTIN, NEW J-SCHOOL DEAN (Mrs. MORELLA) and I are trying to do child wants to feel that they are being this, and I urge my colleagues to sup- left out, and yet that is what we are The SPEAKER pro tempore (Mr. port this important legislation. getting when we have our classes that SHIMKUS). Under a previous order of the f are too large because we do not have House, the gentleman from West Vir- enough teachers. ginia (Mr. MOLLOHAN) is recognized for EDUCATION One of the reasons we do not have 5 minutes. The SPEAKER pro tempore. Under a enough teachers is because we do not Mr. MOLLOHAN. Mr. Speaker, I previous order of the House, the gentle- pay them adequately. If we graduate would like to offer my congratulations woman from Texas (Ms. EDDIE BERNICE young teachers now from college that to Christine Martin, who was recently JOHNSON) is recognized for 5 minutes. are well prepared for today’s class- named dean of the Perley Isaac Reed Ms. EDDIE BERNICE JOHNSON of rooms, they can get a job making twice School of Journalism at West Virginia Texas. Mr. Speaker, as I stand here and as much almost anywhere else. We University. think about how the economy is boom- have got to address the issue of edu- Dean Martin lead the school of jour- ing, we talk about how many jobs that cating our young people, and we have nalism in an interim capacity for 1 have been created; yet we have record to acknowledge that we have a long year before receiving a permanent ap- unemployment, and we are passing ways to go in many of these commu- pointment. In that short term, she has bills to bring people over under the H– nities. greatly contributed to a first-class fac- 1B visas to take the better jobs. Now, I The answer is not vouchers for a pri- ulty with the addition of award-win- do not have a problem with that, Mr. vate school. I do not have a thing ning journalists George Esper and Speaker; but we have got to educate against private schools. I think who- Terry Wimmer. the people here so that we do not con- ever wants to send their children to Mr. Speaker, in tribute to this tal- tinue to do this forever. private schools should be able to do ented, well-respected educator and It has been said that a school is four that. But I do not think it should be journalist, and in recognition of her walls and a roof with a future inside. If with taxpayers’ money while we are ne- many achievements, I provide for the that is true, then we need to start to glecting the public schools, which is RECORD a recent newspaper article look at the investments that we make where 90 percent of the children have written on the occasion of her appoint- in education. I have heard far too much to go. Imagine kids still going to ment as dean and extend my congratu- about the trillion dollar tax break and school in areas that are not safe, where lations. far too little on the investment in our half the teachers are eligible for retire- MARTIN SELECTED AS NEW J-SCHOOL DEAN future, which is with our young people. ment, but they simply cannot retire (By Chandra Broadwater) It is very simple. It is so easy. And this because they do not have anyone to re- Christine Martin, a West Virginia Univer- administration has taken a lead in place them. They go into schools that sity journalism professor and interim dean of standing firm and holding the line, are not equipped with our technology the Perley Isaac Reed School of Journalism, hopefully until we can get some of and computer hardware that we all say was selected as the permanent dean of the these issues addressed. we have to have. school last week. All of us know we need additional In spite of all this, Mr. Speaker, the The selection of Martin formally concluded teachers and after-school programs. We Republican leadership stands in the a nationwide search for the position. Martin was named to the post of dean after all know that we need to do something way of bringing a bill to the floor to the search was narrowed down to three total about our buildings. In my State of just spend a portion of what we call the finalists. Texas there are buildings that have surplus to address these basic needs. I ‘‘I think that the school of journalism will more portables than the main building, am hoping that we can remember our be very well served with Chris as dean,’’ and some of the portables are a block ABC’s. A, for additional teachers and Dean Bill Deaton of the College of Human from the first restroom that kids can additional after-school programs. Resources and Education and chair of the go to. I do not believe that we think Without additional teachers, my own Journalism Dean Search Committee said. that all of this ought to be left to the State will lose something like $146.8 ‘‘She’s demonstrated through her progress as interim dean her ability to effectively work local districts because they simply million to reduce overcrowded class- with different media in the school.’’ cannot afford it when the districts are room sizes. Martin will be the first woman to lead the poor. And B is for building improvements. school and the sixth dean in its history. Mr. Speaker, this is a wealthy Na- Current estimates indicate that my ‘‘I’ve worked with Chris since I came to tion. This is a Nation that can do about State faces $13.7 billion in costs for WVU in 1996 and I had also known her from whatever it wants to, and I do not be- school modernization; 76 percent of the a Pennsylvania paper that we both worked lieve that we are thinking soundly schools in Texas report a need to up- at,’’ journalism professor and search com- when we are willing to leave here with- grade or repair buildings. mittee member Leslie Rubinkowski said. ‘‘I out addressing the real needs of our fu- And C, of course, Mr. Speaker, is re- know her as being an excellent journalist and good editor. She brings a lot of these ture, which is our students. We have to ducing classroom size. Hopefully, that qualities to her job.’’ get rid of these leaky inadequate build- is simple enough that all of us can re- Rubinkowski also acknowledges that Mar- ings that have no heat, no running member that and not go home this ses- tin did a great job in getting projects within water, and are not even in a condition sion without addressing this. the journalism school started. H10232 CONGRESSIONAL RECORD — HOUSE October 18, 2000 ‘‘Chris has spearheaded many projects in families. But it is our children who are We must also make quality education the last year,’’ she said. ‘‘Under her guid- paying the price because their parents accessible to all of our children. That ance, we are redesigning the journalism cur- need to earn a living. That is not right. means building new, modern schools riculum. The way that scholarships are Parents should not have to choose be- that are welcoming to those with dis- awarded has been changed and Journalism Week, which faded away in the last five tween financial stability and their abilities as well as to those without. years, was revived.’’ children’s emotional stability. We need That means making sure that no one is In addition to noting Martin’s work in cre- to help parents bridge the gap between left behind. ating the Vietnam war correspondent wom- work and family so their children are In the high-tech global economy, en’s panel, Rubinkowski ultimately felt that ready to learn when they enter the however, those without a high-tech Martin was chosen as dean of the journalism classroom. education, those without high-tech school because of the respectable and like- Mr. Speaker, we know that learning skills will be left behind. That is why able persona that she reflects. does not start on the first day of kin- we must make sure that minorities and ‘‘People like and respect her because she’s dergarten. Children are growing and women are encouraged to study math, a good journalist and leader.’’ changing from the very day they are After coming to WVU in 1990 as an asso- science, technology, and engineering. ciate professor, Martin directed the school’s born. Study after study has shown that Females make up slightly more than 50 writing program, chaired the news editorial the first 3 years are critical to a child’s percent of this country’s population, sequence and coordinated its honors pro- development. Provisions need to be but less than 30 percent of America’s gram. made for families so that they can be scientists are women. Before coming to WVU, she taught writing, together at these critical times so par- My ‘‘Go Girl’’ bill will create a bold literature and journalism at Washington and ents can be with new babies and newly new workforce of energized young Jefferson College in Washington, Pa. Martin adopted children. also worked as a reporter, education writer women in science, math and tech- Paid family leave is a key tool we nology careers. and news editor for the Pittsburgh Tribune can use to make sure that children get Review and the Uniontown Herald-Standard. f Martin is also a 1999 Freedom Forum off to a positive start and that their Teacher of the Year, a 1998 Carnegie Founda- parents can be with them at these crit- GENERAL LEAVE tion Professor of the Year (the only one in ical times. And by providing parents Ms. JACKSON-LEE of Texas. Mr. West Virginia), a 1997–98 WVU Foundation with voluntary universal prekinder- Speaker, I ask unanimous consent that Outstanding Teacher and the 1996–97 Jour- garten programs, we will give them the all Members may have 5 legislative nalism Teacher of the Year. chance to get their children on the days within which to revise and extend Martin also began a program that brings right track. Programs like Head Start together WVU and state newsrooms called, their remarks on the subject of my spe- and Early Head Start show us that pre- cial order tonight. ‘‘Bridging the Gap: A Personnel and Re- K programs work. All parents should source Exchange.’’ In addition to her work The SPEAKER pro tempore (Mr. with WVU, she conducts writing workshops have the option of enrolling their chil- SHIMKUS). Is there objection to the re- for newspapers across the state. dren in a structured, quality, vol- quest of the gentlewoman from Texas? Martin also co-directs the reporting and untary pre-K program. There was no objection. With parents working hard, children writing fellowship program for college grad- f uates at the Poynter Institute in St. Peters- are spending more and more time in burg, Fla. every summer. child care. Ensuring that quality child EDUCATION IS KEY TO OPPOR- Martin earned her undergraduate degree in care is available to all children will go TUNITY, EQUALITY, AND SUC- English from California University (Pa.). She a long way to making sure that our CESS also holds a master’s degree from the Univer- children are ready to learn when they sity of Maryland, where she is currently The SPEAKER pro tempore. Under a go to school. previous order of the House, the gentle- completing a Ph.D. in American studies. We need more good child care, in- Martin currently is in Vietnam, pursuing woman from Texas (Ms. JACKSON-LEE) her interests in female war correspondents cluding care for children under the age is recognized for 5 minutes. who covered the Vietnam War. She was un- of 3 and for night and weekend work- Ms. JACKSON-LEE of Texas. Mr. available for comment. ers. But it is not just young children Speaker, I could not help but listen to f who are coming to school unprepared. the Members who have preceded me in Older children face challenges also. discussing what I think is a universal b 2000 Title XI of the Elementary and Sec- issue, and that is to help our children ondary Education Act, which I wrote EDUCATION in this Nation learn. and saw signed into law in my first The SPEAKER pro tempore. Under a Education is the key to opportunity, term, needs to be expanded. It needs to previous order of the House, the gentle- be expanded to allow schools to use the key to equality, the key to success. woman from California (Ms. WOOLSEY) more Federal funds for in-school sup- Unfortunately, we have failed in cre- is recognized for 5 minutes. port services for students and for their ating opportunities for excellence. Ms. WOOLSEY. Mr. Speaker, when I families. It is difficult for a country as power- first came to Washington, I was deter- Services such as after-school pro- ful as America and Members of the mined to make education our Nation’s grams, mentoring programs, tutoring United States Congress to be able to number one priority. That commit- and counseling help young people ad- come to the floor of the House and ment has not changed. dress their angers and their frustra- admit, in some part, failure. That is What has changed is my under- tions and their fears before they have why it is so very important for us to standing of what it takes so that our tragic consequences, and these pro- emphasize what needs to be done and children are ready to learn when they grams ensure that young people are to also emphasize that all cannot be enter the classroom. We can have the ready to learn when they enter the done at the local level. best schools and the best teachers in classroom. Education is national. It should be a the world; but if our children do not Also, Mr. Speaker, students cannot national priority. And so, Mr. Speaker, enter the classroom ready to succeed, learn when they are hungry. It is prov- I think it is vital that, before we leave those schools and those teachers and en that those students who eat break- this session, we focus on issues such as those students will fail. fast do better on tests, they are more reducing class size so that our children Let us face it, if today’s children are well-behaved in school, and they miss can get individual tutoring and teach- lucky enough to have two parents liv- less time from school than those who ing and nurturing so that education is ing with them, chances are both par- do not eat breakfast. We need to make fun and education for them is a posi- ents work outside the home, they work sure every child starts the day off with tive experience. long hours, they commute long dis- a good meal. To do that, we must admit that our tances, and it is our children who are My pilot Federal breakfast program, schools in America are crumbling and being left behind. which is underway in five school dis- local jurisdictions cannot build all of It is certainly not their parents’ tricts across the Nation, is the first the schools that are needed. Every one fault. They are working and com- step toward a universal school break- of us have schools in our community muting long hours to support their fast program. that have portable buildings, limited October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10233 heat, limited air conditioning. They We do not have a real hate crimes quent Social Security bills, all scored were only supposed to be there on a legislation or bill in the State of Texas. by the Social Security Administration temporary basis. Yet first-graders and And when the family of James Byrd, to keep Social Security solvent for the kindergartners and second-graders are Jr. went to the Governor’s office and next 75 years. all in these portable buildings maybe begged for his support for that very I have been serving as chairman of high school students and middle school strong legislative initiative, he did not the Bipartisan Task Force on Social students. And for some, in inclement give it. Plain and simple, the signals Security in the Committee on the weather, those individuals have to went out to the Senate that it was not Budget. With testimony we received, leave those portables to go to the rest- a legislative initiative that the Gov- we came up with 18 unanimous rec- room facilities, gym facilities. ernor’s office was supporting. ommendations of what should be in a What kind of life is that for our chil- It passed the House, with Speaker Social Security bill. I incorporated dren? Laney, the Democratic speaker in the those and introduced a bipartisan bill We need increased teacher salaries. House of Representatives in the State that is now before the House. We need to respect teachers for the of the Texas. But in a Republican Sen- I would suggest to everybody, cur- learning and the knowledge that they ate in the State of Texas, it could not rent retirees, near retirees and young bring to the classroom. And, yes, we pass. workers and young people in general to need the training of more math and The Governor of my State, Governor start looking at Social Security be- science teachers. Bush, did not help it pass and did not cause it has the potential of developing I have seen the actual results of that. support its passage. And now we do not a generational warfare if we continue The ranking member on the Com- have, in light of the heinous act, mur- to make promises of increased Social mittee on Immigration Claims, we sup- derous act against James Byrd, Jr., not Security benefits and then we simply ported H–1B non-immigrant visas to even as a tribute to him could we pass satisfy that challenge by increasing help in our high-technology industry. a real hate crimes bill in the State of taxes on future generations. But, Mr. Speaker, the real issue is are Texas. Let me just say that if we do noth- we preparing Americans for those jobs, I hope this Congress will take up the ing, if we add no more benefits to So- are we training incumbent workers, are challenge and stop the opposing of a cial Security or Medicare or Medicaid we training college students? There has real hate crimes legislation that could but continue under the existing pro- to be a greater opportunity and there be passed in this session and do what is grams to keep those programs solvent, must be a greater access and oppor- right. We could not do what was right we will have to have a payroll tax to tunity for education. for Texas. Let us do what is right for I visited with some of my elementary keep Social Security and Medicaid and all of America and make it a Federal school students this past week from Medicare solvent that will take 47 per- law, and let us not stand in the way of Henderson Elementary School, hard- cent of our wages. acknowledging that that country ab- working students. But yet, Mr. Speak- b 2015 hors hateful acts because they are sim- er, they had maybe three computers to Right now the FICA tax is 15 percent a classroom, maybe not that many. I ply different. As the Voters’ Rights Act was passed and the Civil Rights Act of wages. asked the 10-year-old and 9-year-old The Social Security Benefit Guar- how often they got to the computer, was passed, we can pass a real civil rights bill, the Hate Crimes Prevention antee Act. When Franklin Delano Roo- and they said maybe once or twice or sevelt created the Social Security pro- three times a week. Even if there is Act, and tell America and the world that we stand not for hate but for in- gram over 6 decades ago, he wanted it slightly more than that, that is not to feature a private sector component enough to prepare a technologically clusion and empowerment. f to build retirement income. Social Se- educated society. curity was supposed to be one leg of a Mr. Speaker, it is important that we SOCIAL SECURITY SOLVENCY three-legged stool to support retirees. do more for education. It was supposed to go hand in hand Let me just simply close on another The SPEAKER pro tempore. Under and different note, but I think it is ex- the Speaker’s announced policy of Jan- with personal savings and private pen- tremely important to clarify some- uary 6, 1999, the gentleman from Michi- sion plans, and it is interesting, search- thing very close to my heart as a mem- gan (Mr. SMITH) is recognized for 60 ing in the archives for some of the tes- ber of the House Committee on the Ju- minutes as the designee of the major- timony back in 1935 when we started diciary, a cosponsor of the Hate Crimes ity leader. Social Security, to see that the Senate Prevention Act of 1999 and 2000. There Mr. SMITH of Michigan. Mr. Speak- on two different occasions voted that it seems to be a lot of debate about this, er, I rise tonight to discuss Social Se- should allow private investment sav- Mr. Speaker. But let me clarify the curity. It is going to be almost like a ings as an alternative to the govern- record. professor lecturing a class. So every- ment doing it; but when the House and Coming from Texas, all of the world’s body that is interested in Social Secu- the Senate went to conference, the de- eyes were on Jasper, Texas, in 1998 rity should listen up. Those that are cision was made that year to simply when the heinous act of James Byrd, not interested in Social Security have it a totally government program, Jr. was discovered, the dismemberment should be because it is America’s big- and that is what it is, a pay-as-you-go of a man because of his color. Out of gest program, probably the United program where existing workers pay in that terrible tragedy, legislators such States Government’s most important their taxes to support existing retirees. as Representatives Senfronia Thomp- program. The demographics, the problem of de- son of Texas, Senator Rodney Ellis of When I came to Congress in 1993, I mographics, fewer workers and more Texas, Joe Deshotel, a cosponsor, and left the Michigan Senate as chairman retirees, which we will get into in a many others put forward the Hate of the Taxation Committee. At that moment. The system is really Crimes Act of Texas in order to ensure time, we were looking at the con- stretched to its limits. Seventy-eight that this terrible act would be an ille- sequences of low investment and sav- million baby boomers begin retiring in gal act not only in Texas but to show ings. I discovered that, in the United 2008. These are the high-income people the world what Texas was made of. States, we have the lowest savings of in general. That means they go out of That act was dealing with race, eth- any industrialized country in the the paying-in mode, paying in their nicity, gender, disability, religion or world. And then I started looking at taxes, directly related to their higher sexual orientation. It was inclusive. It Social Security and the problems that incomes, and start taking out benefits was constitutionally secure. It would Social Security was having in terms of again directly related to what their in- pass constitutional muster, unlike the the demographics in terms of financing comes have been. That is when the legislation of 1991, which was simply a the current promises in future years. problem starts. Social Security spend- Hate Crimes Reporting Act that I be- When I came to Congress, what I did ing exceeds tax revenues starting in lieve the Governor of the State of in 1993, I introduced my first Social Se- 2015. We increased the Social Security Texas was referring to in all of his de- curity bill. And then 2 years later, in taxes substantially in 1983 so cur- bates. 1995, 1997, and 1999, I introduced subse- rently, temporarily, there are huge H10234 CONGRESSIONAL RECORD — HOUSE October 18, 2000 surpluses coming in, and we have been trillion that we are going to be short; The expanding economy over the last spending that surplus for other govern- that that much more is needed over 3 years has grown enough, a lot of it ment programs. and above the Social Security taxes to coming in from capital gains taxes, by Social Security trust funds go broke accommodate the promises that we the way, has grown enough that short- in 2037, although the crisis could arrive have made in Social Security. Because term, as far as the extra money coming much sooner. The crisis is going to ar- we have been raising taxes a great deal in, means that we will have enough rive when we need to start coming up on the fewer and fewer workers, we money to cover benefits another extra with the money that we borrowed and have ended up with a short-term sur- 3 years until 2015. Growth makes the spent for other programs in the past, plus, and Republicans came in as a ma- numbers look better now but leaves a and that is the real problem. That is jority in 1995 and for the first time we larger hole to fill later. the real challenge. started not using all of the Social Se- The administration has used these Insolvency is not some guess or esti- curity surplus for other government short-term advantages as an excuse to mate. Insolvency is certain. We know program spending. For the first time in do nothing; and I just want to empha- how many people there are, and we 40 years we started saying, look, we size that this growing economy, though know when they are going to retire. We have to stop spending the Social Secu- they can say, look, the Social Security know that people will live longer in re- rity surplus, and last year we called it trust fund is going to be there to pay tirement, and our estimates on how a lockbox. Whatever it is called, what benefits until 2035, it used to be 2032, or long they live have been fairly accu- we did was made a decision, and we en- we are not going to have enough money rate over the past. We know how much forced it by saying we are not going to coming in from the Social Security tax they will pay into Social Security and spend any of the Social Security sur- by 2012, now we are extended to 2015, taxes, and we know how much they are plus on any other programs. does not solve the long-term financial going to take out under the benefit We talk about all of these huge sur- fiscal problems for Social Security be- structure we have. Payroll taxes will pluses. Most of the surplus coming in is cause the paychecks going out later on not cover benefits starting in 2015, and from the Social Security tax. are going to be that much greater. the shortfalls will add up to $120 tril- Let me just give three numbers in I think this is important that most lion of extra money needed over and terms of what is going to happen this Americans do not realize. Somehow above what is coming in in taxes, $120 current fiscal year that started the they feel that somehow they earn trillion between 2015 and 2075. first of this month. This year we are something with a Social Security ac- To put that in perspective, I am not estimating that we are going to take in count, a Social Security fund. Not sure any of us really know how much a $533 billion of Social Security taxes, true. There is no Social Security ac- trillion dollars is, but our spending $533 billion coming in. What is needed count with their name on it. These that we are going to end up for this to pay benefits this year is $367 billion. trust fund balances, and I am quoting current fiscal year that we have just That means we have a surplus in Social from the Office of Management and started is going to be approximately Security of $166 billion. So the $166 bil- Budget of this administration, these $1.9 trillion. Just for Social Security lion that is coming in from the Social trust fund balances are available to fi- over the next 75 years, we are going to Security tax, where we are really at nance future benefit payments and need to come up with an additional $120 this time at least overtaxing American other trust fund expenditures but only trillion. It is a huge problem, and it is workers to come up with the extra in a bookkeeping sense. They are so frustrating that we have not paid at- money and we are using that extra claims on the Treasury that when re- tention to it. money to pay down the debt held by deemed will have to be financed by We have let the last 8 years go be- the public. So what we will do is we raising taxes, borrowing from the pub- cause politicians have been afraid that will write an IOU to the Social Secu- lic, or reducing benefits or somehow re- they would be demagogued in the elec- rity trust fund. There is a box down in ducing other government expenditures. tion. We have missed an opportunity Maryland full of IOUs where we have Again, the source is the Office of over the last 8 years by not having the spent the money in the past, where we Management and Budget. I think it is leadership in the White House to move have borrowed it and spent it for other interesting to note that the Supreme ahead with saving Social Security. In- things; and this current year we expect Court now in two decisions has ruled stead, we have had words saying Social to take $166 billion for the Social Secu- that there is no entitlement for Social Security should come first but no legis- rity surplus, write an IOU for it, and Security. Regardless of how many lation proposed that could be scored to use that money to pay down the public years one paid into Social Security, keep Social Security solvent over the debt. Social Security is a tax. The benefits next 75 years. This is Barry Pump. I do not know if are whatever Congress and the Presi- Here is part of the demographic prob- the cameras see him; but Barry Pump dent decide those benefits are going to lems. The coming Social Security cri- is from Iowa, one of our star pages. So be. So what we have seen in the past, sis, pay-as-you-go retirement system, I thank Barry very much. when there was a financial problem in will not meet the challenge of demo- Economic growth will not fix Social 1977, 1983, when they were coming short graphic change. Security. So some have said the econ- of money, they reduced benefits and in- Workers per Social Security bene- omy is great, it is going to mean that creased taxes. I just stress as vigor- ficiary. Back in 1940, here are 38 work- we are not going to have the Social Se- ously as I can that it is going to be un- ers paying in their taxes for every one curity problems; let us keep this econ- conscionable to yet again raise taxes retiree. Today there are three workers omy rolling and we can quit worrying on the American worker. paying in their taxes for every one re- about Social Security. Untrue. We will see a chart later I have, but tiree, and the estimate is by 2025 there Social Security benefits are indexed right now 75 percent of American work- are only going to be two workers pay- to wage growth. So the higher one’s ers pay more in the Social Security tax ing in their benefits that is going to wages, when they retire the higher than they do in the income tax. cover the Social Security check for their benefits. This represents the public debt every one retiree. So if that person’s So an increased economy means that versus the Social Security shortfall. Social Security benefits end up being more taxes are paid in earlier; but later Our total debt in this country, what we whatever, $15,000, or $1,200, $1,500 a on when one eventually retires, they owe the trust funds and what we owe in month, those two workers are going to are going to take more benefits out. So Treasury bills, is $3.4 trillion. The have to pay in that $600 or $750 a month the growing expanding economy, the shortfall of Social Security between each to cover those benefits of that one way we have Social Security struc- now and 2057 is $46.6 trillion. retiree. So we would let taxes go that tured right now, is not going to solve Vice President GORE is suggesting high. the problem. I mean, that is why 4 that if we pay off this debt by using This depicts sort of graphically the years ago when I introduced my bill extra Social Security money coming in short-term surplus and the long-term Social Security was estimated to go in- and any other surplus that can be future deficits. Remember, I mentioned solvent, to not have enough money found, that if we pay off this debt it is this red represents $120 trillion, $120 coming in in 2012. going to solve this problem and keep October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10235 Social Security solvent until 2057. It is dollars for Social Security. It keeps the mechanic that knows the operation like adding another giant IOU to the Washington’s big spenders from using of the internal combustion engine, so trust fund. So technically if this Cham- trust fund dollars for other government they are very careful about taking care ber passed a bill saying we are going to spending. of their automobile, and they change write an IOU for $9 trillion to the So- I have heard the Vice President say, the oil and they do the lubrication on cial Security trust fund, the actuaries look, we need that lockbox for Social a regular basis. would say well, this will keep Social Security. The House, this Chamber, has Well, I have been studying Social Se- Security solvent for the next 75 years. passed the lockbox language. We have curity now for 7 years. I know the in- The fact is that the challenge, the sent it to the Senate. Now the Demo- ternal workings of Social Security, and problem, is coming up with those dol- crats in the Senate are filibustering it is running out of lubrication. The lars once we have fewer dollars coming that so it is not passed into a bill and friction currently on Social Security in on the taxes than are required for sent to the President. means that there are going to be tre- the benefits. If Vice President GORE really wants mendous problems in the future, and I am going to portray this in another to implement that lockbox provision to that huge liability is going to fall on way. The blue at the bottom, the light make sure that we do not spend the So- our kids and our grandkids. blue, represents the $260 billion that we cial Security surplus, then I think I am a farmer from Michigan, and are now using to pay on financing the probably all he has to do is tell that traditionally we have always tried to debt, the interest on that particular particular Chamber that they should pay down the farm mortgage in an ef- debt approaching $300 billion. Vice go ahead and pass the legislation. fort to leave our kids a little better off. President GORE is suggesting that if we ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE This government, this Congress, this dedicate somehow this savings every The SPEAKER pro tempore (Mr. White House, is now taking a course year for the next 75 years to Social Se- SHIMKUS). The Chair would remind the where we are jeopardizing the potential curity, it will keep Social Security sol- gentleman not to cast reflections on happiness and success of our kids and vent. the other Chamber, such as character- our grandkids by leaving them this So what the difference between the izing Senate action or their activities. great huge obligation. We have got to $46.6 trillion that is needed and what Mr. SMITH of Michigan. Thank you, deal with it, we have got to change it. this interest savings will be is $35 tril- Mr. Speaker, and I would apologize if I It has to be more than rhetoric. It has lion. So the red part of this graph rep- did that. got to be real action for written bills resents the shortfall that still is going Mr. Speaker, this Chamber passed that can keep Social Security solvent. to be there even if this Chamber and the bill. It has languished over in the This chart, very briefly, is the num- the Senate and the President has the Senate. With the Vice President’s help, ber of years it takes to get back your guts, has the intestinal fortitude, to I am sure we could get it through the Social Security tax. If you were lucky dedicate this kind of interest rate sav- Senate Chamber. enough to retire in 1940, because of the The diminishing return of your So- ings to Social Security. It is a problem low taxes, you could get back every- cial Security investment. The average that cannot be solved by adding IOUs. thing you and your employer paid in in Social Security taxpayer will receive a b 2 months. By 1980, you have to live 4 2030 1.9 percent interest rate, real interest years after retirement. The biggest risk is doing nothing at rate return, on what that worker and all. Social Security has a total un- their employer, or, if they are self-em- If you retire in 2005, you have got to funded liability of over $9 trillion. I ployed, what they pay into Social Se- live 23 years after retirement to break mentioned that over the next 75 years curity. So the average worker is not even, to get back just what you and you need $120 trillion of future dollars, going to live long enough, even though your employer put in into the tax. In that inflated future dollar. To raise our life spans are substantially increas- 1983, they increased the age limit that that $120 trillion over the next 75 years, ing, to get back what they have paid in starts this next year, and that is why you need $9 trillion today. So Alan in Social Security tax. So that is part this sort of levels off up here. But by Greenspan, the Chairman of the Fed- of the problem, is getting a better re- 2015 and 2025, you are going to have to eral Reserve, suggests that we need $9 turn on that investment. live 26 years after you retire in order to trillion today, so put it in a real inter- The real return on Social Security is get back what you and your employer est bearing account that will bring in 6 1.9 percent for most workers, and it paid in. I am not sure our medical tech- to 7 percent real return in order to ac- shows a negative return, as you see nology is going to be that good by that commodate the $120 trillion shortfall over here, for some, compared to over 7 time. It may be, but a better way to do over the next 75 years. percent for the marketplace. So the it is to make some changes now that Nine trillion dollars we have got to marketplace for the last 120 years has will mean that our kids and our come up with today if we are going to averaged a return of 7 percent, a real grandkids are not put under this huge solve the problem and not make any return. This is what this graph depicts. burden and that they can appreciate changes in this program, and not get You have a negative return if you the benefits of Social Security, as their any better return on the investment happen to be a minority. The reason is grandparents and their parents hope- than we are getting on Social Security that a young black worker today, their fully have. now, which is less than 2 percent for life expectancy is about 62.5 years. This is a picture of my grandkids get- the average taxpayer. That means they can work all their ting ready for Halloween. Whether it is The Social Security trust fund con- life, paying into Social Security, but, Selena or James or Henry or George, tains nothing but IOUs. To keep paying on average, they die before they start he is a real tiger, or Emily or Clair or promised Social Security benefits, the taking any benefits out, and they are Francis or Nicholas. Nicholas is now 13. payroll tax will have to be increased by substantially shortchanged. But even When he retires, he is going to have nearly 50 percent, or benefits will have the average, even the best, even the this challenge, not to mention his to be cut by 30 percent. person that lives to be 105, on average younger brothers and sisters and cous- Everyone should start out with a pre- they are only going to get a return ins, that they are going to have if we requisite that we are not going to in- that is 1.9 percent real return on the do not do something on Social Secu- crease taxes once again, and we are not money, tax money, that has been sent rity. going to cut benefits for existing retir- in. And this is over and above that I put the picture of my grandkids on ees or near term retirees. Somehow we amount of the Social Security tax that my office wall. As I walk out to vote, have got to do a better job on getting is used for insurance, for disability in- I try to make my voting decisions on a better return on that investment. surance. This only counts that amount how it will affect this country and the The Social Security lockbox. A little that is put into the OSDI fund. Again, future generations of this country 15, bit of a gimmick, but it has served us on the average, the market return is 7 20, 30, 40 years from now. well in trying to make sure that we do percent. We have got to start looking longer not spend the Social Security surplus. Another way of depicting the prob- range. We have got to start dealing It saves the Social Security trust fund lem, because it is sort of like maybe with the two important programs that H10236 CONGRESSIONAL RECORD — HOUSE October 18, 2000 we have for seniors, Medicare and So- But Nick painted the fence for us this counts. They do not come out of Social cial Security; and Medicaid with nurs- past year. He made $180, and I said, Security. They stay in Social Security, ing home care is another issue that we Nick, you really need to put some of and they are part of your retirement. have got to start dealing with. that into a Roth IRA. Then I went They can only be used for retirement We cannot keep putting it off simply through the tables year by year on the purposes, and the way Governor Bush because it is hard, because it is a dif- magic of compound interest. So we has proposed, the way I have proposed, ficult problem, simply because some- went year by year and found out that the way the gentleman from Texas (Mr. body might criticize us for things or by age 66, he would have almost $70,000; STENHOLM) and the gentleman from Ar- portions that we do in it. Somehow Re- and if he waited until he was 72 to take izona (Mr. KOLBE) have all proposed is publicans and Democrats have got to that money out at the rate invest- that we have limited safe investments, get together and seriously move ahead. ments have been earning money over that we can only invest in certain safe This chart represents what we have the last 100 years on average, it would investments, such as an IRA or a 401(k) done in the past. I do not know if the end up $140,000. or the Thrift Savings Plan that we cameras still show my grandkids, but He said, well, grandpa, can I still put have for Federal employees, where you imagine them up there, because what some money, maybe, in your Roth IRA, get your choice of four or five safe in- we are going to do with their taxes but I want to save most of it to buy a vestments to invest in, and then you down here can be very significant. Here car. can only use it for retirement purposes. is what we have done in 1940, 1960, 1980 That is part of the problem we are They become part of your Social Se- and 2000. In 1940 the rate was 2 percent facing today. Our savings and invest- curity retirement benefits. A worker and the base was $3,000. So the total ment in this country is still low, and will own his or her retirement account; amount of tax for the employee and the that means two things. It means we do and if you die before you reach retire- employer was $60, combined; combined. not have the money to do the research, ment age, it is not a case where you In 1960, it got to 6 percent, and the to put into the companies, to expand to get zero, zip, nothing; but it will go base was $4,800. So you, the employee, the best possible state-of-the-art ma- into your estate for your heirs and, paid 3 percent on the first $4,800, and chinery to compete in this world, but it again, limited to safe investments that the employer paid the same; a max- also means that the retirement for will earn more than the 1.9 percent imum tax combined for the employee these individuals is not going to be as paid by Social Security. That is dra- matic maybe, but no new taxes, no cut and the employer of $288. good as it really could be. It got up to 1980, and they raised the With good investments, let me say, in benefits for existing or near-term re- tirees. tax again; got into a little problem, so and I am going to show you some ex- Mr. Speaker, I borrowed a lot of this Chamber decided, well, an easy amples from Texas and California, with way to do it is load more taxes on the these charts from Senator ROD GRAMS. good investments, a modest-income He has also introduced a Social Secu- American worker. So, again we in- worker today can retire as a rich re- rity bill that keeps Social Security sol- creased the tax up to 10.16 on the first tiree. This is one of the problems why vent that allows choice within safe sav- $25,900, total possible tax for employee it is so important, I think, that we do ings accounts. Personal retirement ac- and employer combined, $2,631. not again raise taxes on the working counts offer more retirement security. In 2000, we got up to 12.4 percent on poor in this country, on the average If John Doe makes an average of $36,000 the first $76,200, a total tax now of working family. a year, he can expect monthly pays of $9,448. This pie chart represents that 78 per- $6,514 from his personal retirement ac- Mr. DREIER. Mr. Speaker, if the gen- cent of families now pay more in the count compared to Social Security, tleman would yield, I would like to payroll tax than they do the income which is $1,280. And that is because of congratulate my friend. I just walked tax. the magic of compound interest. in, and I see the picture and I see the b 2045 Mr. Speaker, choosing personal ac- headline saying ‘‘increasing payroll Mr. Speaker, 78 percent of our fami- counts, in our law in 1935, we gave taxes again is not the answer.’’ State and local governments the option lies pay more in the FICA tax than the I would like to say that I could not of whether or not to go into Social Se- payroll deduction. Actually, it drops agree with the gentleman more. Obvi- curity or set up their own retirement down to 74; 74 percent pay more in the ously increasing the payroll taxes pension system, where they could do Social Security tax than they do in the would be a horrible thing on those their own investments for their own income tax. struggling workers, certainly the mid- pension. The Galveston County, Texas, Let us not raise taxes again. The dle-income wage earners. employees reap the benefits. Employ- longer we put off this decision, the Mr. Speaker, I would simply like to ees of Galveston County, Texas, opted longer we put off this decision, the compliment my colleague on this very out of Social Security. interesting special order. more drastic the changes are going to This is how they faired: death bene- Mr. SMITH of Michigan. Mr. Speak- have to be. So the bills that I intro- fits under Social Security $253. You get er, reclaiming my time, I would cer- duced in 1995 and 1997 were less drastic, a burial benefit. Under the Galveston tainly thank the gentleman from Cali- it did not have to make the kind of plan, you get $75,000 death benefit. Dis- fornia (Mr. DREIER), the chairman of changes, but the bill I introduced this ability benefits per month, Social Se- our Committee on Rules. year actually had to borrow some curity $1,280, and Galveston plan, they Mr. Speaker, just finishing the taxes, money from the onbudget surplus to are ending up with $2,749. and maybe really what we have not fin- accommodate the transition to make This is disability. This is retirement. ished is the bottom line. If we do not the system work, to make the system The retirement benefits per month, re- get a better return on the investment, solvent, without reducing any benefits tirement is the same as disability we are in for real problems. Governor for existing or near-term retirees and under Social Security $1,280; but under Bush has suggested that we have some without increasing taxes. The longer the Galveston plan for retirement ben- real investment that stays within So- we wait, the more drastic the solution. efits, it is $4,790 a month compared to cial Security; that is not going outside So let us do it. Social Security of $1,280 a month for of the Social Security system, but sim- Mr. Speaker, the six principles of that same person if they had paid into ply allows a better return on some of saving Social Security that Governor Social Security and let government use the money. Bush has proposed, that are consistent the money the way the government ad- We can do better. As we know, you with the bills many of us have intro- ministers and uses this program. can get a CD and do better than a 1.9 duced: protect current and future bene- Spouses and survivors benefit under percent return. Any return that we can ficiaries; allow freedom of choice; pre- the Galveston County plan. expand over and above 1.9 percent on serve the safety net; make Americans I use these plans to try to argue to average is going to mean that retirees better off, not worse off; create a fully my grandson Nick Smith why the live a better life. funded system; no tax increases. magic of compound interest is so im- My oldest grandson’s name is Nick Mr. Speaker, let us talk just for a portant and why savings and invest- Smith. Maybe that is my immorality. second about personal retirement ac- ment now can make a huge difference. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10237 This is a quote from a young lady where it is in your account; but if you The magic of compound interest is whose husband died, and she said, want to stay in the existing system, important. Somehow we have to allow ‘‘Thank God that some wise men you can. and provide ways for more Americans privatized Social Security here. If I The United States certainly trails to save and invest more. had regular Social Security, I’d be other countries in saving its retire- Mr. Speaker, I saved out the chart of broke.’’ After her husband died, Wendy ment system. In the 18 years since my grandkids just to stress with every Colehill used her death-benefit check Chile offered PRAs, 95 percent of Chil- grandparent, with every parent that of $126,000 to pay for his funeral ex- ean workers have created accounts. might be listening tonight, with every penses and she entered college. Under Their average rate of return has been young student who is really the kids Social Security, she would have re- 11.3 percent per year. Among others, that are at risk for the kind of future ceived a mere $255. Fairly young, so he Australia, Britain, Switzerland offer that we might give them, if we do died at an early age, she was not eligi- workers PRAs. nothing, because the potential is that ble for all of those benefits. I represented this country in an they are going to have to pay huge tax How do we save Social Security? international conclave, if you will, dis- obligations, Vice President Gore by That is the question. Right now, as cussing public pension retirement ben- suggesting that we add another IOU chairman of the Joint Task Force on efits and listening to those other coun- and take the interest savings and apply Social Security, some of the witnesses tries what they are doing to very it to other Social Security and, there- came in making predictions with the quickly move ahead with getting a bet- fore, the trust fund gets big enough to new RD&A technology, the new gene ter return on some of that investment. pay it simply demands that sometime sequencing, where the new gene cata- It made me feel somewhat embarrassed in the future, somebody is going to log and the nanotechnology that is de- as we lag behind, as we have been have to come up with that money to veloping very rapidly, they were esti- unwillingly to step up to the plate, if pay off the trust fund. mating that within 25 years a person you will, and make some solid deci- To do that, what we have done in the would have the option of whether or sions that are going to save Social Se- past is increase taxes; that is the easi- not they wanted to live to be 100 years curity, one of our most important pro- est thing for this Chamber to do. It is old; and within 35 years, our tech- grams. the worst thing for our economy. There nology would be such that they could British workers chose PRAs with 10 are only three ways to come up with have the option of whether or not to percent returns. And who could blame the money. Let me point that out; I live to be 120 years old. Tremendous them compared to our 1.9 percent re- will put my pointer down so I can use policy implications, let alone the in- turn we are getting? Two out of three my hands as I conclude this last state- creased argument that young people British workers enrolled in the second ment. more than ever before should be as dili- tier Social Security, they have half of Some people have said, do not worry, gent as possible to save and invest it they allow to go into the second tier. there is a trust fund out there. If we today. They chose to enroll in PRAs. The use the payback, the money from the You should take that money out, get British workers have enjoyed a 10 per- trust fund, Social Security will last it out, have it directly taken out of cent on their pension investment. until 2035; and for the most of us, that your paycheck, maybe, something to Over the past few years, the pool of is long enough. add to those retirement benefits, be- PRAs in Britain exceeds nearly $1.4 I would suggest to you that there is cause you need that personal savings trillion larger than their entire econ- no difference between having a trust on top of Social Security even at its omy and larger than the private pen- fund and not having a trust fund, if we best, even if we can solve it. sions of all other European countries are going to keep our commitment Again, San Diego enjoys the personal combined. So what we have now is that we are going to provide the bene- retirement accounts because they other European countries that are fol- fits that we promised, because if we do opted out of Social Security. A 30-year- lowing the lead of Australia, Chile, not have a trust fund, the way to come old employee who earns a salary of Great Britain in terms of looking at up with the money to continue paying $30,000 for 35 years and contributes 6 ways to get a better return on the in- benefits is threefold. You either borrow percent to his personal retirement ac- vestment that is coming in. the money from the public, and all the count would receive $3,000 per month in Based on a family income of $58,475, leading economists say if we were to retirement. Under the current system, the return on a PRA is even better. If borrow $120 trillion over the next 75 he would contribute twice as much, but you invest 2 percent of what you earn years, it would so disrupt our economy receive only $1,077 in Social Security. versus 6 percent for pink or if you are that it would be disastrous for the The difference between the San Diego investing 10 percent, which is the dark United States of America. system and the PRAs and the Social purple, and if you were to invest that b Security is more than the difference in kind of money over 20 years and 30 2100 a check. It is also the difference be- years and 40 years, even at the 2 per- So if we cannot borrow it, then how tween ownership and depending on cent, you see you have $55,000 at the about the option of increasing taxes? politicians in Washington on what they end of 20 years. That is the magic of That is the other option, increasing do with your Social Security. Even compound interest. In 30 years, it taxes. those who oppose PRAs agree they keeps going up, and by 40 years, it is Of course, the third option is cutting offer more retirement security. worth $278,000. benefits. What they did in 1973 and This is interesting. It is a letter from Look at what happens if you were to again in 1983, before I got here, was Senator BARBARA BOXER, Senator invest 10 percent and the Social Secu- they did both, increased taxes and cut DIANE FEINSTEIN, and Senator TED rity tax is now 12.4 percent. It takes benefits. Let us not do that again. KENNEDY to President Clinton allow about 2 percent for the disability insur- Those are the same alternatives we the PRAs in San Diego to continue and ance program. Nobody is touching would have if we have a trust fund. So not go into Social Security. They said that. That insurance has to stay in to pay back the money that is in the in the letter to the President, quote, place for the disability portion; but trust fund, we still have to raise taxes ‘‘Millions of our constituents will re- eventually, if you were allowed to in- or cut other spending, or increase pub- ceive higher retirement benefits from vest 10 percent or you dig into your lic borrowing. So, in effect, it is the their current public pensions than they pocket and come up with other invest- same having or not having a trust fund. would under Social Security. So let ments to account for 10 percent, in 40 It is important to pay down the pub- them keep Social Security. At least years that would be worth $1,389,000; lic debt. It is a good start. It means we that has to be an option.’’ and if you have a 10 percent return on do not start spending the money for Nobody is proposing, Governor Bush that, you would not have to go into the other government programs, and that is not proposing that it be a mandate. base, but just the interest would be is the danger. Everybody is saying it is still an option $138,000 a year. A 5 percent return The argument between the Repub- whether you want the potential to earn would be half of that, or about 70,000 a licans and the Democrats is, the Re- more money where it belongs to you, year. publicans say, let us get the money out H10238 CONGRESSIONAL RECORD — HOUSE October 18, 2000 of town. Otherwise, we will spend it. sions, corporations, and offices for the with uninsured. There sure is. And we The Democrats say, we will pay down fiscal year ending September 30, 2001, have got uninsured in my State. Ours the debt but we have a lot of increased and for other purposes, which was re- is a big State, a fast-growing State. We spending we want to do. ferred to the House Calendar and or- share a common border with another The challenge is not whether we cut dered to be printed. nation, but we are providing health spending or pay down the debt, the f care for our people.’’ challenge is, are we going to hold down Continuing, the Governor added, spending in this country? Can we get REPORT ON RESOLUTION PRO- ‘‘One thing about insurance, that’s a this money out of town in some way? VIDING FOR CONSIDERATION OF Washington term.’’ The first choice would be to continue S. 2796, WATER RESOURCES DE- Mr. Speaker, I was very offended by to pay down the debt held by the public VELOPMENT ACT OF 2000 Governor Bush’s referring to insurance, with all of these surpluses that we Mr. DREIER, from the Committee on in this context health insurance, as a bring in. We have decided 2 weeks ago, Rules (during the special order of Mr. Washington term. In fact, I consider our Republican majority, that we were SMITH of Michigan), submitted a privi- that remark very elitist and really ab- going to draw a line in the sand. Like leged report (Rept. No. 106–991) on the surd. All American parents who are out last year, we drew a line in the sand resolution (H. Res. 639) providing for in the real world struggle to find a way saying, here is the social security consideration of the Senate bill (S. to provide insurance for their children. lockbox. We are not going to spend any 2796) to provide for the conservation I think they should be very alarmed of the social security surplus for any and development of water and related when the Governor views health insur- government programs. resources, to authorize the Secretary ance as a Washington thing. We held to it, we did it. That was of the Army to construct various Really, all Americans should be good. This year we went further. We projects for improvements to rivers alarmed because of his statement that said, of all of the social security sur- and harbors of the United States, and somehow this is a Washington thing. plus, of all of the surplus coming into for other purposes, which was referred Does that mean that Governor Bush all of the other 120 trust funds, where to the House Calendar and ordered to thinks it is okay, for example, that my most of the money is coming from, of be printed. colleagues here, I will use the opposi- all of the surplus, on-budget and off- f tion, the Republican Members of Con- budget, we are going to take 90 percent gress, the fact that they have health of that and use that money to pay REPORT ON RESOLUTION PRO- insurance and 42.6 million Americans down the debt held by the public. VIDING FOR CONSIDERATION OF do not? Good. Good policy. That leaves 10 MOTIONS TO SUSPEND THE And really, I would like to look at percent that we are arguing about, and RULES Governor Bush’s record on the issue of that we hope to conclude this budget Mr. DREIER, from the Committee on health insurance, because I think that and this spending this year as we argue Rules (during the special order of Mr. by referring to it as a Washington about that remaining 10 percent. But I SMITH of Michigan) submitted a privi- thing, he belittles it and shows that he think we have the edge now in the sup- leged report (Rept. No. 106–992) on the really does not have much concern port of public opinion that we at least resolution (H. Res. 640) providing for about the 42 million Americans that do take 90 percent of all that surplus and the consideration of motions to sus- not have health insurance. use it to pay down the public debt. pend the rules, which was referred to If we look at the Governor’s record in f the House Calendar and ordered to be Texas, it shows that Texas has the REPORT ON RESOLUTION PRO- printed. highest number of uninsured children VIDING FOR CONSIDERATION OF f in the country. When setting up the HOUSE JOINT RESOLUTION 114, State’s Child Health Insurance Pro- FURTHER CONTINUING APPRO- ACCESS TO HEALTH INSURANCE gram, which we adopted as a Federal PRIATIONS, FISCAL YEAR 2001 The SPEAKER pro tempore (Mr. program in this House and was signed Mr. DREIER, from the Committee on SHIMKUS). Under the Speaker’s an- into law by President Clinton, but Rules (during the special order of Mr. nounced policy of January 6, 1999, the when setting up the State’s Child SMITH of Michigan), submitted a privi- gentleman from Pennsylvania (Mr. Health Insurance Program pursuant to leged report (Rept. No. 106–989) on the PALLONE) is recognized for 60 minutes and with Federal money, Governor resolution (H. Res. 637) providing for as the designee of the minority leader. Bush wanted to set the eligibility consideration of the joint resolution Mr. PALLONE. Mr. Speaker, I want- threshold at only 150 percent of the (H.J. Res. 114) making further con- ed to make reference initially to last Federal poverty level. tinuing appropriations for the fiscal night’s debate between Vice President I say that by way of contrast to my year 2001, and for other purposes, which AL GORE and Texas Governor Bush, but own State of New Jersey, which also was referred to the House Calendar and my focus this evening is on health in- has a Republican Governor, but set 350 ordered to be printed. surance and the various health care percent of the Federal poverty level for f issues that have come into play in this that CHIP Federal kids’ health insur- Congress, as well as in the presidential ance program, or more than twice the REPORT ON RESOLUTION WAIVING debate last evening. level that Governor Bush proposed in POINTS OF ORDER AGAINST CON- I have always felt that one of the Texas. FERENCE REPORT ON H.R. 4635, most important issues that we face and Now, what happened eventually is DEPARTMENTS OF VETERANS one of the biggest concerns that I have the Texas legislature came forward and AFFAIRS AND HOUSING AND is the inability of many Americans to said they wanted to push this eligi- URBAN DEVELOPMENT, AND find health insurance, to be covered by bility threshold up to 200 percent, INDEPENDENT AGENCIES APPRO- health insurance. The candidates last which Governor Bush eventually PRIATIONS ACT, 2001 night presented starkly different views signed. But the point of the matter, the Mr. DREIER, from the Committee on on how to extend coverage to the 42.6 fact of the matter is that it was pos- Rules (during the special order of Mr. million Americans who currently lack sible under the Federal law to push SMITH of Michigan), submitted a privi- health insurance. That is a large seg- this eligibility higher and to include leged report (Rept. No. 106–990) on the ment of our population, 42.6 million more children under the Texas child resolution (H. Res. 638) waiving points Americans, and it continues to grow. health care program, and Governor of order against the conference report During their exchange on this issue Bush did not do it. to accompany the bill (H.R. 4635) mak- last night, the Governor said some- So when he says that insurance is a ing appropriations for the Departments thing which I found to be very telling Washington thing, does that mean that of Veterans Affairs and Housing and and very disturbing. I wanted to read he does not really care that much Urban Development, and for sundry back what Governor Bush said during about the kids in Texas, that they independent agencies, boards, commis- the debate. He said, ‘‘There is an issue should not be able to take advantage of October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10239 the Federal program and Federal dol- surance, and as a result, do not get prescription drug benefit under Medi- lars that are allowing them to be cov- adequate or timely care. I can assure care or it is HMO reform with the Pa- ered by health insurance? the Members, Mr. Speaker, that to tients’ Bill of Rights, or it is the idea When it comes to insuring adults, them, insurance is far more than just a that whatever surplus is available Governor Bush’s record is really no Washington term to their families. should be primarily used to shore up better than it is with the kids. Texas The Federal government and State social security and Medicare, or it is has the highest percentage of unin- governments across the country have the idea of trying to cover more kids or sured low-income adults, 51 percent, in spent the last 10 years trying to stem more parents. the Nation. Its Medicaid eligibility the tide of people turning to the emer- We have been out there putting forth, level is just a paltry $4,728 in annual gency room for their medical care. with President Clinton and Vice Presi- income for parents of three-person I know Governor Bush throughout dent GORE’s support, many proposals families. the debates has talked about the fact that would address some of the prob- A little later I am going to get into that, you know, you can go to an emer- lems that Americans face with health the proposals that Vice President GORE gency room in Texas, you can go to a insurance, whether they are uninsured and President Clinton and the Demo- hospital emergency room. The problem or they have some type of insurance crats in the House have put forward to with that is that that is not really that is inadequate. try to get more adults insured. We care good health care because there is no It really galls me to think that we deeply to try to end the problem of the prevention. If we have preventative are here at the 11th hour and most of uninsured in this country. If that is a care and take measures before we have these problems have not been addressed Washington thing, so be it. But I would to go to an emergency room, our likeli- by the Republican leadership on the maintain it is an American thing, that hood of doing well and living longer other side of the aisle, and will not be kids are suffering because they do not and not being disabled are much great- have health insurance, parents are suf- addressed if Governor Bush is elected er. president. fering because they do not have health Preventative care does not just save insurance. So I think it is important to contrast lives and stop tragedies before they the candidates and the parties on When it comes to overall spending on occur, it is also more efficient and less health in the State of Texas, the Gov- health care. I am just going to take a expensive for everybody, including the little time tonight if I could to give my ernor has distorted his own record. He Federal government. Those facts are made it look like health care is a much own view, and then give the view of an understood by health experts, but not a independent group that has analyzed bigger priority for him than it really lot of times by politicians. is. the proposals that have been put forth I would say the same thing to the by both sides. In last week’s debate, the previous Governor: Rather than talk about the debate prior to last night, Governor I want to start with the issue of pre- fact that people in Texas have access Bush said Texas had spent $4.7 billion scription drugs, because I think right to an emergency room, put programs in on health care under his administra- now the fact that so many seniors and effect so people can get health insur- tion when in fact that is simply not disabled people who have Medicare are ance and can take the preventative true. Something like $3.5 billion of that not able to access prescription drugs is measures so they do not have to wait money came from private and local a major problem, almost a crisis in the until they get so sick that they have to sources and not the State expenditure. country. go to an emergency room. I am trying to make the point, Mr. If we listen to what George Bush has Speaker, that access to health insur- Governor Bush’s view that insurance is a Washington term may be a view been saying, what Governor Bush has ance is simply not a priority for the been saying, he is saying that he wants Governor, not a priority in terms of that is held by wealthy people who have insurance and can foot the bill to provide some sort of prescription spending, not a priority in terms of drug program that would provide cov- trying to get the State of Texas to easily for any medical emergency that may arise, but it is definitely a view erage initially through State-based cover more kids and more adults. low-income-only programs, and then The lack of health insurance in the that is clearly out of touch with the American mainstream. through HMOs and insurance compa- United States is not a problem that nies. should be cavalierly dismissed as a It is a view every American, particu- larly those without insurance, should I say that because what the Governor Washington thing by any policymaker has proposed is not to bring prescrip- or any politician, let alone a candidate be aware of in this political season. It tion drugs under the rubric of Medi- for the President of the United States. is a view that, if followed, will throw a care, but rather, to give a subsidy or a It is a very real problem that affects monkey wrench in both private sector voucher, if you will, to low-income peo- real Americans with real consequences. and public efforts to bring down the Let me just give some statistics cost of health care, and it is a view ple so they can go out and try to buy about why I say that, and why it is that nobody who is interested in ad- prescription drug policies in the open true that health insurance is not just a dressing the problems of the uninsured market, in the private market. Washington thing, but something that in this country should for a single sec- That is very different from what Vice everyone in the country has to be wor- ond take seriously. President Gore and the Democrats ried about. I know it sounds very critical of me have been saying. I think it was clearly There are millions of American par- to talk about the Governor in this defined in last night’s debate. What ents who are unable to take sick and light, but it really annoyed me to hear Vice President Al Gore has been saying suffering children to the doctor be- the term ‘‘insurance’’ somehow re- is that Medicare is a successful pro- cause they simply cannot afford it. ferred to as a Washington term, as if gram that provides coverage for one’s There are 27,000 uninsured women who the rest of the country or the average hospital care and for one’s doctor’s are diagnosed with breast cancer every person was not concerned about it. I care, and it would not be that difficult year, and are 50 percent more likely to know that they are. and would not cost that much money, die from it because they are uninsured. I want to spend some time also this particularly if we have a surplus, for There are older couples whose hopes for evening contrasting, if you will, not the Federal government to provide pre- a dignified retirement after a lifetime only the presidential candidates but scription drug benefits under Medicare, of work are swept away in an instant the parties on the issue of health care. as well. by an unexpected avalanche of medical I know it sounds very political, but the So that is the major difference be- debt. There are young families whose bottom line is that this Congress only tween the Democrat and the Repub- hopes for the future are destroyed has another week or so before it ad- lican proposals. The Democrats are when a breadwinner dies or is disabled journs. saying they want to expand Medicare because an illness was not diagnosed The Democrats, including myself, to include prescription drugs. The Re- and treated in a timely fashion. over the last 2 years that this Congress publicans are saying they do not want Eighty-three thousand Americans die has been in session have put forth a to use Medicare as the vehicle, they each year because they do not have in- number of proposals, whether it is a want to give a subsidy or they want to H10240 CONGRESSIONAL RECORD — HOUSE October 18, 2000 give a voucher, or in the case of Gov- he relies on State-run pharmaceutical boomers that become 65, that become ernor Bush’s proposal, a voucher essen- programs and subsequently on insur- seniors, that there is not enough tially just for low-income people. ance companies, HMOs, to offer pre- money to pay for it. There are a lot of other differences, scription drug coverage. Now, what President Clinton and but I just want to say, Members do not To date, however, State pharma- Vice President GORE have been saying have to take my word for it. There is ceutical programs reach only a tiny is that they want to use most of the an organization called Families USA portion of seniors who need drug cov- surplus to shore up the Social Security which just put out a report on health erage, and such assistance is usually program and the Medicare program. care and the 2000 election. confined to seniors with very low in- But what we see is that, instead, by I just want to describe Families USA. comes. contrast, Governor Bush talks about Families USA is a nonprofit, non- The point is that the Republican plan restructuring the Medicare program in partisan consumer health organization is only going to help seniors with low ways that I believe that will increas- established under section 501(c)(4) of incomes. It is not going to help the ingly privatize and encourage people to the Internal Revenue Code that has vast majority of seniors with middle opt out of Medicare or go to private in- never endorsed, supported, nor opposed incomes, which basically are the people surance. any political candidate, and they are that are crying out for some sort of I do not want to dwell on that too not doing it now. help. much because I want to get to the next In addition, Families USA has spent In addition, in analyzing the Bush issue, which is I think so important two decades working on various as- plan, Families USA’s assessment says and, again, became an issue in last pects of our health care system, and that private health plans and insurance night’s debate, right at the beginning has amassed considerable expertise on companies have very limited success in of the debate. That is HMO reform. HMO reform is health issues. The Democrats and my- providing drug coverage for seniors. clearly something that so many Ameri- self have cited them many times, and I mention that because what they are cans are concerned about because more the Republicans as well. basically saying here is that, if one and more people are in HMOs, and they On the issue of prescription drugs, gives the senior or the disabled person find that they are victims of various and I just want to run through this, if the voucher, the way Governor Bush abuses, primarily because what they I could, in their report that just came has proposed, to go out and try to buy find is that decisions about what kind out they say, ‘‘There is a marked con- prescription drug coverage in the open of Medicare they get, whether they get trast between the two candidates on market, not under Medicare, they are a particular operation, whether they not going to be able to find it. They are this issue.’’ get to stay in the hospital a particular not going to find an insurance com- b 2115 length of time is determined, not by pany that will offer that for the price their physician and themselves as a pa- Vice President GORE intends to es- of the subsidy that the Bush plan pro- tient, but by the insurance companies. tablish a voluntary prescription drug poses. Naturally they do not like it because it benefit in the Medicare program, and I Now, additionally, what Families lends itself to all kinds of abuse. stress in the Medicare program. This USA says about the GORE plan, the would ensure that all seniors and peo- Well, it was interesting last night be- Democratic Medicare prescription drug cause, during the debate, Governor ple with disabilities gain access to pre- plan, is that it is very specific in de- scription drug coverage. It would also Bush said that he was in support of tailing the drug coverage that is guar- HMO reform and that he mentioned enable Medicare to bring its consider- anteed to every Medicare beneficiary able market clout on behalf of program that, in the State of Texas, his home as well as the cost sharing that seniors State, that they actually had passed beneficiaries to the bargaining table. would have to pay. legislation that would provide for cer- Now, that sounds a little bureau- So what we are saying in the Demo- tain patient protections if one was in cratic, but let me explain what that cratic plan is that we are going to be an HMO. means. One of the biggest problems able to guarantee one to have any drug But the interesting thing about it is with prescription drugs right now is that is medically necessary. We are Governor Bush used the example of the cost for seniors. If they do not have going to tell one exactly what the pre- HMO reform to say he would be suc- some kind of coverage through their mium is, exactly what one is going to cessful if he were to be elected Presi- employer or through some sort of cov- get. dent because, in Texas, he was able to erage that they are able to purchase, Under the Bush proposal, on the bring both parties together and every- which many do not, then they have to other hand, decision making about the one together to pass patient protec- go buy it on the open market at the specifics of the drug benefit as well as tions. local pharmacy, and the cost is prohib- out-of-pocket costs are left to the pri- Well, I have to point out that, when itive. vate insurance companies and the the issue of patients’ rights in the con- There is a price discrimination be- HMOs. So, again, one does not really text of HMO reform first came up in tween seniors who have to just go buy know what one is getting. the tax legislature and the bill was the prescription at the local pharmacy But I want to stress again the dif- passed in 1995, Governor Bush actually out-of-pocket versus seniors who hap- ference here, the difference is the Bush vetoed the legislation. pen to be fortunate to be in some sort Republican plan is a voucher plan. It So he talked about playing a role and of plan, either through their employer does not come under the rubric of bringing people together, the Texas or in some other way. Medicare. The Democratic plan, the legislature decided they wanted HMO But what Vice President GORE does Gore plan, is an expansion of Medicare reform, he vetoes the bill. Well, a cou- and what the Democrats do with their that covers prescription drugs just in ple years later, in 1997, there was again Medicare prescription drug proposal is the same way that hospital care and passed in the Texas legislature legisla- they give the seniors who are now part physician care is provided under Medi- tion to protect patients in the context of this plan clout with regard to prices, care right now. of HMOs. This was a very comprehen- because they establish a benefit pro- Now, let me go to a second category sive HMO reform that Governor Bush vider in each region of the country here because I want to cover each of referred to in last night’s debate. Well, that will bargain for the best price, these health care issues because I this time, even though he opposed the just like an HMO does, for example, for think they are so important in terms legislation and refused to sign it, he let the prescription drugs, and that brings of contrasting the difference between it become law. the price down. So that is what they the parties. That is hardly an advocate for pa- are talking about here when Families The second one is the future of Medi- tients’ rights. That is hardly someone USA says that the Democratic plan is care itself. Medicare, as we know, in who, as he says, is trying to bring peo- better. the next, maybe, 10, 20 years, not right ple together to pass legislation. You Then they say in the Families USA away, but at some point in the future veto it once and then you say, okay, I report, they contrast Governor Bush’s will start to run out of money because do not like it, but I will let it become approach by way of contrast. Initially there are going to be so many baby law without my signature. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10241 What it means is this was happening So, again, marked contrast here be- icaid for children with family incomes despite what Governor Bush wanted. tween the views of the two candidates, above 250 percent of the Federal pov- He did not want it to happen, but he the Presidential candidates as well as erty level. did not want to stop it probably be- the parties on this issue. Now of course Vice President GORE cause he was afraid of the political con- I do not mean to suggest that all the successfully pushed for enactment of sequences if he vetoed it again. Republicans are bad on this, because the existing CHIP program which Gov- By contrast, Vice President GORE some of them are good. But the Repub- ernor Bush tried to cut back in the last night and throughout the 7 years lican leadership in the House as well as State of Texas. But beyond that, what now that he has been the Vice Presi- in the Senate, as well as Governor the Democrats and what Vice Presi- dent, with the support of Democrats Bush, refuse to support the Patients’ dent Gore are now proposing is that the and some Republicans as well in Con- Bill of Rights, the Norwood-Dingell CHIP program be even expanded to gress, has been an advocate on a Fed- bill. cover the parents of the kids who are eral level for a comprehensive HMO re- Let me go to an issue that I men- eligible for CHIP. Basically, this is a form bill which Vice President GORE tioned earlier, and that is the whole way of now expanding health insurance mentioned last night, the Norwood- issue of increased access and for people for people who were working but whose Dingell bill. to be covered with insurance who do incomes are too high to be eligible for He was very specific about bringing not have it. I am not going to keep re- Medicaid. up that legislation in the debate last peating over an over again what Gov- What I would stress again, Mr. evening and asking Governor Bush re- ernor Bush said about insurance being Speaker, is that, when we talk about peatedly whether he supported the Nor- a Washington thing. I think he prob- Vice President Gore’s program and the Democratic initiative here with chil- wood-Dingell bill and, of course, Gov- ably regrets that he made the state- dren, the CHIP program, and expanding ernor Bush would not say whether he ment, hopefully. But the bottom line is it to adults, we are not talking about supported it or not. If he would not we still have over 40 million Americans people who are on welfare. They are admit he supported it, I would say we who are uninsured. What are we going have to assume he does not support it. usually eligible for Medicaid. We are to do about it. talking about working people who on It is a much stronger bill than even Again, I would like to contrast the the job, because of their low income or what the Texas legislature passed with- records between the two candidates out Governor Bush’s signature. It is a because the employer does not offer it, and again between the two parties. are not able to get health insurance. bill that is vehemently opposed by the Fortunately, here in the House of Rep- HMOs and the health insurance indus- These are working people. These are resentatives, the effort to expand cov- people oftentimes who have two or try and all of the special interests and erage for children was successfully very much supported by the majority even three jobs, and they are not able passed on a bipartisan basis, the CHIP to offer health insurance for their kids of the American people. program. Initially, the Republican We passed the Patients’ Bill of or for themselves. leadership opposed it, but eventually Rights, the Norwood-Dingell bill here So what Vice President GORE is say- they came around to passing it, and it in the House of Representatives. Al- ing is let us take this CHIP program, was passed on a bipartisan basis. most every Democrat voted for it, and which is working, and let us expand it But what happened is that when this some Republicans voted for it too, oth- to the parents. If we enroll the parents, program then was given back to the erwise it wouldn’t have passed. In fact, we also find that that means that they States to handle it and to try to handle the gentleman from Georgia (Mr. NOR- are more likely to get into the program it in a way that would provide for cov- WOOD), one of the sponsors, is a Repub- and enroll their kids. erage for the 5 million kids that it was lican, the lead sponsor. Some parents, unfortunately, self- But the bottom line is that the Re- meant to try to deal with and to give ishly, will not enroll their kids if they publicans both here, the Republican health insurance, as I mentioned al- are not eligible for the program. leadership, both here in this House as ready, Governor Bush, in his capacity b 2130 as Governor of Texas, tried to make well as in the other body, have tried to Vice President GORE has also been kill this bill ever since it passed. It the eligibility for the program very minimal, only 150 percent of the pov- saying that with regard to the other went to conference. I was part of the large group of people that are unin- conference committee. It has never erty level. In terms of the outreach to try to get kids signed up for the pro- sured, which are the people between 55 come out of conference. and 65, we call them near elderly, who I would almost guarantee that, in the gram, he was very ineffective. In fact, the situation in Texas got so are not yet eligible for Medicare, that week or two we have left here, it will they would be able to buy into the not appear on the floor of this House or bad that a Federal judge just ruled a few weeks ago that Texas had to, under Medicare program and pay so much a this Senate. It will not go to the Presi- month, $300 or $400 a month, to buy pain of the court’s action or penalty, dent. It will not become law. Why? Be- into the Medicare program. It is an- do a better job about enrolling kids in cause basically what it does is it does other way of expanding access to Medicaid as well as the CHIP program. two major things. It says that deci- health insurance for people who are So they were not even doing a good job sions about what is medically nec- currently uninsured. essary, what kind of care one gets, getting kids enrolled in Medicaid at Now, I have made reference once so what kind of operation one gets, how the very low end of poverty, let alone far this evening to the Families USA long one stays in the hospital, deci- the ones that are eligible for the Fed- report in the context of prescription sions about what is medically nec- eral CHIP program. drug coverage, but I wanted to make essary are going to be made by the Now, by contrast, what Vice Presi- reference to it again, if I could, in the physician and the patient, not by the dent GORE has been saying, and he context of health coverage for children insurance companies; and the insur- mentioned it in the debate last night, and expanding the CHIP program to in- ance companies oppose that tooth and is that he wants to expand the eligi- clude more kids at higher incomes and nail because they want to make the de- bility at the Federal level, and that also for their parents. If we look at this cisions to save money. money then goes back to the States so Families USA report, and I will not re- Secondly, it has very good enforce- kids whose parents are even at a higher peat what Bush and GORE are pro- ment so that if, in fact, one is denied income can join up in the Federal- posing, but I wanted to just give a lit- care by one’s insurance company, one State health insurance program called tle bit of the analysis that the Fami- has a way of redressing one’s griev- CHIP. lies USA report provides. ances by going to an independent panel He suggests raising the CHIP pro- The report says, under the section that will review the decision and have gram, the Children’s Health Insurance that deals with expanding insurance the power to overturn it or ultimately Program, eligibility to 250 percent of for adults, that at the centerpiece of going to a court of law and having the the Federal poverty level. He also says his proposal to expand coverage Gov- decision overturned so that one can get that, if you are parents and your in- ernor Bush proposes to establish a re- the medical care that one’s doctor and come is even higher than, that he will fundable tax credit for people and fami- that one feels is necessary. allow you to buy into CHIP or Med- lies who purchase health coverage on H10242 CONGRESSIONAL RECORD — HOUSE October 18, 2000 their own if they do not receive insur- from the point of view of ideology. I having addressed these major problems ance through their employers and do know that generally most Republicans that face so many Americans. not qualify for Medicaid or any other tend to be more conservative than f government assistance. For individuals most Democrats, and more Democrats TRIBUTE TO THE HONORABLE with incomes below $15,000 per year, are liberal, even though not all of them JOHN E. PORTER, MEMBER OF the tax credit would equal $1,000 and are. But the bottom line is, I do not THE HOUSE OF REPRESENTA- would taper off as an individual’s in- look at the ideology. I look at what TIVES come increases above $15,000. For fami- works. And the difference between lies with incomes below $30,000 per what Vice President GORE and Gov- The SPEAKER pro tempore (Mr. year, the tax credit would equal $2,000 ernor Bush are proposing and between SIMPSON). Under the Speaker’s an- and would taper off as the family’s in- what most of the Democrats and most nounced policy of January 6, 1999, the come increases above $30,000. of the Republicans are proposing, I gentlewoman from Illinois (Mrs. Now, Governor Bush has made ref- think really does not come down so BIGGERT) is recognized for 60 minutes. erence to these tax credits, $1,000 or much to ideology but what works prac- GENERAL LEAVE $2,000 depending on where one is below tically. Mrs. BIGGERT. Mr. Speaker, I ask a certain income, and he suggests that Practically speaking, if we want to unanimous consent that all Members that is one way of expanding coverage. provide a prescription drug coverage may have 5 legislative days in which to This contrasts of course to what Vice program for seniors, we should put it revise and extend their remarks and to President GORE has been saying about under Medicare, because Medicare include extraneous material on the expanding the CHIP program for chil- works. And we should not look at the subject of the Porter special order. dren and expanding it to include Republican proposals to provide some The SPEAKER pro tempore. Is there adults, the parents of those kids, as voucher that assume that people are objection to the request of the gentle- well as GORE’s proposal to let the near going to go out and buy coverage that woman from Illinois? elderly buy into Medicare. does not exist. There was no objection. Well, this is how Families USA as- And the same thing is true for the Mrs. BIGGERT. Mr. Speaker, it gives sesses the two proposals. It says Gov- CHIP program and the efforts to try to me great pleasure to host this special ernor Bush’s proposals to expand expand health coverage for the unin- order tonight for the gentleman from health coverage for adults are likely to sured. Basically what Vice President Illinois (Mr. PORTER), and I want to be ineffectual and in some respects GORE and the Democrats have been thank the gentleman from Colorado may even be harmful. Because of its doing here for the last 6 years is advo- (Mr. MCINNIS) for giving up his time to limited size, the tax credit proposal for cating and, in some cases passing, leg- allow us to honor this very special gen- low- and moderate-income individuals islation that would provide for the gov- tleman tonight. and families who purchase their own ernment to set up a program like CHIP The gentleman from Illinois (Mr. health coverage is unlikely to make a through the States that people can PORTER) is retiring, after serving in significant dent in the number of peo- pretty much be guaranteed that they Congress for 21 years. It is difficult for ple who are uninsured. are going to have health insurance. It those of us who are gathered to honor Today, the average cost of a family is health insurance that is provided by JOHN tonight to sum up in the short health plan purchased by an employer the government. time everything that he has done for is $6,351 per year, and coverage pur- Now, I am not saying that we want the 10th Congressional District of Illi- chased by families in the individual national health insurance, but where nois and for his country since joining market typically cost considerably we have gaps and people who are work- this body in 1980. It is my hope, based more. As a result, a family would need ing and still having the inability to get on the words that my colleagues and I to spend more than $4,300 over and health insurance on the open market, will offer tonight, that all who are above the $2,000 family tax credit sim- the government needs to step in. That within the sound of our voices will un- ply to pay for premiums. This amount is what Vice President GORE proposed derstand the tremendous character of would constitute over 14 percent of in- with CHIP. It is working. That is what this man and all that he has accom- come for a family earning $30,000 a year he proposes for expanding coverage for plished, most notably in the areas of and over one-fifth of the income of a the near elderly and for the parents human rights, health research, and family with $20,000 in annual income. whose kids are in CHIP. What Governor protecting the environment. Either way, the tax credit would still Bush is proposing as an alternative is It is also my hope that based on our leave most of these families with an in- simply to give a tax credit, which once comments JOHN PORTER will know how ability to purchase health coverage. again will not provide the money or well-respected he is, not only by his Now, to his credit, Governor Bush is the ability for those families to buy congressional colleagues but by the at least proposing something, and I health insurance. elected officials of his home State and will grant him that. But it is not any- So all I am saying is that there are district, his staff, former staff, his con- thing that is going to be effective in huge contrasts here between the two stituents, and the many groups who expanding health coverage for those presidential candidates. There are huge have had the pleasure of working with who are uninsured. contrasts between the parties on these him throughout the years. Vice President GORE’s proposal, by various health care issues. And I think Tonight, Mr. Speaker, we will hear of contrast, and this is what Families the major difference is that the Demo- the legacy JOHN has created during his USA says, to expand health coverage crats are proposing plans that will ac- years of service in this body. We will for adults builds on public programs, tually work and make a difference for hear a small part of the large impact such as Medicaid, CHIP, and Medicare people who do not have health insur- he has made on his district, his State, that work well. His proposal to estab- ance, or who do not have prescription his country, and the world. lish CHIP-type health coverage for low- drugs, and who suffer from the abuses I have a confession to make. I am an wage working parents will not only of HMOs. That is why what we are pro- unabashed JOHN PORTER fan. It is not provide increased coverage for those posing should be passed. because I have lived for many years in parents but is likely to spur children’s My greatest regret in this Congress is his district and know how well his enrollment in CHIP as families are en- that on many occasions when the leadership and his views suit those of abled to enroll together. The Medicare Democrats have tried to put forward his constituents there, nor is it because buy-in proposal is projected to increase these programs they have not been suc- of the small kindnesses he has always health coverage for approximately cessful because the Republican leader- personally shown to me. Those are rea- 300,000 near-elderly persons. ship has opposed them. We have had a sons enough to sing the praises of this Now, Mr. Speaker, I do not want to few occasions where the Republicans wonderful man. Like hundreds of thou- spend too much more time, and I think have joined us, but in most cases they sands of men and women in Illinois, my time is probably running out; but I have not. And it is a very sad com- throughout the United States and just wanted to say this in conclusion. I mentary that this Congress is going to around the four corners of this globe, I do not look at these health care issues end within the next week or two not know and love this man for his great October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10243 humanity, his concern for the under- Committee on Appropriations, the I know that all of us wish JOHN POR- dog, and his unquestioned commitment Labor-HHS subcommittee, which is the TER good luck and Godspeed in what- to making this world a better place in subcommittee that really looks very ever he does. We will surely miss him. which to live. carefully at dollars that are provided Mrs. BIGGERT. Mr. Speaker, I thank When I was elected in 1998, to serve for medical care and dollars that are the gentleman for his comments. Is it the people of the 13th District of Illi- provided for research. And JOHN has not curious that it is always the thin- nois here in Congress, I knew that it really set a legacy for himself in terms nest people that can eat two pieces of would be helpful for me to look at the of his commitment to cancer research, pie while the rest of us try to avoid other members of the Illinois delega- to Alzheimer’s research, to AIDS re- them so we can pass them on to him? tion for guidance. Knowing his excel- search, and to so many of the real, real Mr. LAHOOD. I would agree. lent reputation, JOHN PORTER was the serious kinds of diseases that face our Mrs. BIGGERT. Mr. Speaker, the first person I sought out. Asking him country. other area that the gentleman from Il- for input was easy, given our similar JOHN PORTER has been at the fore- linois (Mr. LAHOOD) and I see a lot of political ideologies. However, I doubt front of making a commitment of dol- the gentleman from Illinois (Mr. POR- JOHN, and the ease with which he pro- lars to really find cures for these TER) is at the ‘‘Tuesday Lunch Bunch vided advice, fully understood how dreaded diseases; as I said, whether it That Meets on Wednesday But Does much guidance he truly gave. be cancer or Alzheimer’s or AIDS, or Not Have Lunch Group.’’ We spent With that, Mr. Speaker, I am going any other number of diseases. So he meetings once a week to discuss issues to turn to some of my colleagues so has been a leader in this area. And I that are important to those of us that that they too can share their thoughts really think it will be his legacy that belong in that group what we call the on our dear friend. And I will first yield he will be remembered for the enor- ‘‘Republican Moderates.’’ to the gentleman from Illinois (Mr. mous commitment that he made to re- Mr. Speaker, I am pleased to recog- LAHOOD). As my colleagues know, be- search and particularly research to the nize my friend and colleague, the gen- fore his election, the gentleman from National Institutes of Health, the Na- tleman from Illinois (Mr. SHIMKUS). Illinois (Mr. LAHOOD) served as the tional Cancer Institute, and so many of I should note that the gentleman chief of staff to then House minority these programs here in Washington from Illinois (Mr. SHIMKUS) will hold a leader, Bob Michel of Illinois. In this that try to reach out and find the very similar special order next week for an- capacity he had the opportunity to best people in America to help us find other Member from Illinois who is re- work on a number of issues with JOHN cures for these dreaded diseases. tiring from the 106th Congress, the gen- PORTER and, as a result, probably JOHN has been a wonderful public tleman from Illinois (Mr. EWING), who knows him as well or better than any servant not only for the 10th district we will hear from in just a few min- other Member in this body. but also for the State of Illinois and for utes. But, unfortunately, we are losing I yield to the gentleman from Illinois the country. He has been a strong, two great members of the Illinois dele- (Mr. LAHOOD). strong leader in human rights and has gation due to retirement this year, and Mr. LAHOOD. Mr. Speaker, I appre- lead the cause of human rights in many it is our pleasure to honor both of ciate the time that has been set aside different parts of the world that go un- them. here by the gentlewoman from Illinois recognized in so many ways because Mr. Speaker, I yield to the gentleman (Mrs. BIGGERT) to honor our colleague, they do not always get the headlines. from Illinois (Mr. SHIMKUS). JOHN PORTER. But I think those people that have Mr. SHIMKUS. Mr. Speaker, I would Mr. Speaker, JOHN deserves to be worked with JOHN on human rights like to thank the gentlewoman from Il- honored. JOHN has been an outstanding issues recognize the leadership that he linois (Mrs. BIGGERT) for arranging this Member of this body. Prior to coming has provided in that area. special order. I wish we did not have to to the House of Representatives, he have our next one next week. I wish we served with great distinction in the Il- were finished with our business. But I b 2145 linois House of Representatives. look forward to taking up that cause JOHN has known political turmoil in So an outstanding career, an out- next week. his life because he has been through standing career of leadership, an out- Of course we are here to pay tribute some very, very tough elections. I standing career of commitment to the to who has become a good friend of think people who have not really fol- people of Illinois, to the people of the mine, the gentleman from Illinois (Mr. lowed his career should know that 10th district, and to the people of this PORTER), who is retiring. It has really JOHN is probably as good a politician as country. been an honor and a privilege to serve there is. In order to get to this body, JOHN has also been a regular attender with him in the House of Representa- one has to be a politician, and JOHN has of our delegation lunches. And those of tives. been, particularly in the early days of us that attend those very regularly, as I have always been impressed by his his election to the House of Represent- I know the gentlewoman from Illinois commitment to his ideas and his be- atives, come through some very, very (Mrs. BIGGERT) and the gentleman from liefs. He has always been a gentleman close elections in the district that he Illinois (Mr. EWING) and the gentleman and treated even newbies like myself as represents. from Illinois (Mr. SHIMKUS), do enjoy a colleague and as an equal. I have JOHN represents a district north of sharing our apple pie with JOHN. Be- learned much about the process in this Chicago, primarily Lake and McHenry cause of all I guess the funny things I House of Representatives by observing County, Lake County primarily, and it will remember about JOHN is that he how JOHN PORTER has gone about doing is an area that is not really considered loves apple pie, and he cannot sit his business, and I appreciated his tute- a suburban area of Chicago but kind of through a lunch with just one piece of lage and his friendship. an entity unto its own. His district apple pie. And so the gentleman from Most important, however, is that I runs right up against the Wisconsin Illinois (Mr. EWING) or myself or some- have a newfound respect for our Na- border. JOHN has done so well in rep- body is always passing him an addi- tion’s efforts and ongoing need for resenting his district that the last sev- tional piece of apple pie. That is some- medical research. As we all know here, eral years, he has had elections that thing that I think I will always remem- and it is nice to be able to publicly ac- were less contentious and the people of ber about JOHN in terms of sort of the claim the ongoing efforts of the gen- his district have recognized the many funny things, the humorous things, the tleman from Illinois (Mr. PORTER) to good things that he has been able to human things that happen in this busi- increase Federal funding for medical do. ness. research as our colleague and friend, Serving on the Committee on Appro- So we will miss JOHN for his leader- the gentleman from Illinois (Mr. priations, JOHN is known as a cardinal. ship and his commitment. I am de- LAHOOD), just mentioned. What that means is that he is a chair- lighted to have had a chance to say a Prior to coming to Congress, I had man of a subcommittee. If not the word or two about his leadership, and I little knowledge of how much our Gov- most important, certainly one of the thank the gentlewoman from Illinois ernment played in the fight against most important subcommittees of the for setting aside this time to do that. diseases and how much it emphasized H10244 CONGRESSIONAL RECORD — HOUSE October 18, 2000 medical research. Thanks to JOHN, I Mr. Speaker, I yield to the gentleman But he has done many other things in now not only understand that role, but from Illinois (Mr. EWING). his career here. He has been a great I am now an advocate for expanding it. Mr. EWING. Mr. Speaker, I thank the supporter of the Pottawattamie Air- Far too many of us do not think of gentlewoman very much for putting port and the Waukegan Regional Air- sickness or diseases until we have a this special order together for our port. And through those efforts, those loved one who is faced with it. We are friend, the gentleman from Illinois institutions in his area, his district, lucky and the Nation is lucky to have (Mr. PORTER), and for allowing me to have grown and they brought air serv- a person like JOHN PORTER who has take a few minutes to talk about JOHN ice to northern Illinois and he has worked hard to ensure that quality and some of the experiences that we helped secure the funding for very im- health care will be available when we have experienced over the years. portant improvements there. need it. I must say that the gentlewoman is a The gentleman from Illinois (Mr. There are many people involved in wonderful addition to our delegation PORTER) also worked to help local providing health care, whether it is the and she is such a good participant in school districts particularly address hospitals, big inner-city hospitals or all that we do here and I appreciate the shortfall in impact in Federal aid. rural hospitals, community health cen- that and I will miss working with her. This may seem like kind of a strange ters, home health, visiting nurses, you The gentleman from Illinois (Mr. thing to talk about, but that is very name it, there are many people work- PORTER) though has spent 11 terms important to school districts. Because ing diligently in the fields. Most of here in this body. That is hard to be- when they do not get that Federal aid, them are working long hours for little lieve, but that is 22 years. they have got to reach into their pock- Prior to that, as the gentlewoman to no pay. They have an advocate here et and take it out of the money that said, he was in the Illinois Assembly. I in Washington, D.C., who has also they normally would have to spend for was kind of looking back at my figures worked numerous long hours, some- education that they get out of their here and I realized that JOHN came 2 times without recognition, a champion local tax dollars. And that Federal aid years before I did. He will have had a in health care and health care delivery comes because of the military people career of 28 years in public office. And and medical research. And that is Mr. who were in those school districts, and at the end of my term, I will have put JOHN PORTER. that is very important. in 26 years. We have benefited from his time here He has been an advocate for strength- in this body. We have benefited as a Besides that, JOHN and I had offices next to each other in Springfield in, I ening ethics in Government and re- people. We have benefited as col- forming the way this institution, the leagues. We have benefited as a Nation. think it is, the Illinois State Office Building behind the Capitol. So we U.S. Congress, operates. I have benefited personally from ob- The gentleman from Illinois (Mr. serving his leadership and his thought- shared a great many things. I do not PORTER) has advanced legislation to ful, deliberate process to help in the think we had to share a secretary, as many members do share a secretary, make urgently needed improvements benefit of all. in Congress’s internal standards, and I I would really like to thank the gen- but we did not have the same one. But think that we should thank him for tlewoman from Illinois (Mrs. BIGGERT) we would be in there late at night, that. That is a thankless job but one for arranging this special order and which is the way the legislature oper- paying tribute to our colleague, the ated back then, and we would have a that we have to continue to work on always. gentleman from Illinois (Mr. PORTER). lot of time to visit about family and He has been a fighter against drunk It is an important thing to do before our children and those things. So JOHN driving and instrumental in the pas- we adjourn in this Congress, and her and I reached a deep friendship early sage of legislation mandating a 21- thoughtfulness in remembering him on in our political career. goes a long way and adds to her creden- JOHN then ran for Congress. I do not year-old drinking age in this country. He has worked to prevent the spread tials as being a great new Member who know exactly how that was, but he ran of chemical weapons. He authored the we are glad to have here. three times to get to Congress for one Mrs. BIGGERT. Mr. Speaker, I thank term. And there was, I think, an elec- Chemical and Biological Weapons Non- the gentleman for his comments. tion he lost and than a special election. proliferation Act and directed the Sec- Mr. Speaker, it really is a pleasure to And then by the time he had done retary of Commerce to develop effec- be on the Illinois delegation. I think those two elections, it was time for the tive export controls to prevent the that we have had such a unique oppor- next election to get him a full term spread of deadly chemical and biologi- tunity for both sides of the aisle to here. So he worked very hard to be- cal weapons to other nations. work so carefully together. So I think come a Member of Congress. He has been a leading voice in sup- that we are going to miss the gen- After he got here, he went on the port of human rights and democratic tleman from Illinois (Mr. PORTER) so Committee on Appropriations. And as reforms in China and Hong Kong. He much because of his contribution to he leaves, he leaves as one of the 13 led the successful effort to defend the that Illinois delegation. cardinals of that committee, which is Great Lakes Naval Training Center We have another Member, as I men- an attainment that many here would against the threat of closure during the tioned before, from Illinois. So I am like to emulate. Few get the oppor- most recent round of cutbacks consid- pleased to recognize the gentleman tunity to be one of the cardinals in the ered by the Base Realignment and Clo- from Illinois (Mr. EWING), my friend appropriations process. sure Commission. The decision to keep and colleague. Unfortunately, like the I have heard my other colleagues, the this center open is expected to bring gentleman from Illinois (Mr. PORTER), gentleman from Illinois (Mr. LAHOOD) 8,000 jobs to his area. the gentleman from Illinois (Mr. and the gentleman from Illinois (Mr. Did my colleagues know that that is EWING) is stepping down at the end of SHIMKUS), talk about some of his prior- the only base we have in Illinois? Many this Congress. That is not the only ities there. And I know that JOHN has States have a number of military in- thing that these two men have in com- had a very kind heart. He is certainly stallations. Sometimes we talk about mon, however. a compassionate conservative in the how much comes back to our State in Much, like they have been in this best sense of the word. tax dollars. Well, one reason we are a body for 9 years together. The gen- JOHN is a very quiet man. His area little behind some of our sister States tleman from Illinois (Mr. EWING) and now is Labor HHS, one of the hardest is that we only have one major mili- the gentleman from Illinois (Mr. POR- of the appropriation bills to pass. And tary installation left in our State, TER) served together in the Illinois while I know that that sometimes wor- where we used to have a number of General Assembly in the mid-1970s. So ries JOHN greatly at the end of the ses- them. The gentleman from Illinois (Mr. they have been traveling on the same sions, I have seen him go through that, PORTER) is to receive the thanks for circuit for a long time. I am happy to he is always so mild mannered about protecting that important installation. have the gentleman from Illinois (Mr. it. I do not know if I could keep my re- I would just say in closing that I con- EWING) here to say something about straint as much as JOHN does in han- sider JOHN PORTER a true friend, a real the gentleman from Illinois (Mr. POR- dling that bill and all the rhetoric that gentleman, a fine legislator, and I TER). goes on on this floor about that bill. know that he will go on to do many, October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10245 many other fine things in service of his As that chairman, he has shown a you want to stay after school, if you country and his State. great gift in bipartisanship, and that is want to stay on the weekends, if you I thank the gentlewoman very much one of the reasons why he can come to want to come back and have extra for allowing me the time to talk about this floor and pass these bills. We work in the summer, we will match my friend. sometimes have to pass them with just your ambition with assistance. Money Mrs. BIGGERT. Mr. Speaker, it is my Republican votes, sometimes with Re- has been added for the TRIO program pleasure to hear what the gentleman publican and Democrat votes, but year after year after year. had to say about him. I know that he is mainly it is because of the controversy AHEC, which is a program providing both of our friends, and we will miss in the legislation, it is generally con- for health care to rural areas, has seen him. It is nice that the gentleman has sidered liberal. The appropriations are a dramatic increase. Head Start has expressed that so eloquently. considered liberal. He goes and he tells seen a dramatic increase in our com- b 2200 the story and he does not do it in a mittee. All of this shows what JOHN We will now move to Arkansas. I am bragging sort of way or in an emo- EDWARD PORTER was doing as a leader. There are some problems that I have pleased to yield the gentleman from tional sort of way, and maybe he is not had with him, of course. In the early Arkansas (Mr. DICKEY). The gentleman even charismatic in his approach but days, a chairman just kind of controls from Arkansas (Mr. DICKEY) serves on he just methodically explains each part the Committee on Appropriations Sub- of the bill and he answers questions things. He is kind of upset about it so committee on Labor, Health and and he gets the rhetoric from the other I was always badgering him and keep- Human Services, and Education of side, the loyal opposition as we call it, ing him with amendments and he was which John Porter is the chairman. So and I think it is a great thing to watch having to deal with my activist type of given the attention and controversy him go about it. approach. He is completely different in that our appropriation bill always He led me quite a bit in health care, that respect, and he is always well pre- seems to attract, I know that John in that I could not quite understand pared, always thinks out his product Porter and the gentleman from Arkan- what our commitment was and the and it is kind of hard for him to see sas (Mr. DICKEY) have gone through number of dollars that we were spend- some of us who were just firing off in some interesting battles together. So I ing, let us say on the National Insti- several different directions at once. am happy that the gentleman from Ar- tutes of Health. He kept saying, no, One time in particular it was late at kansas (Mr. Dickey) could join us to- this is the thing we ought to do and night, I can remember, like 11:00 or night to honor our friend John Porter. this will be something that you will 12:00 at night and everybody was talk- Mr. DICKEY. Mr. Speaker, I thank look back over the years as being the ing in the committee and I just stood the gentlewoman from Illinois (Mrs. best thing that you have done on any up kind of kiddingly and said, Mr. BIGGERT) for her thoughtfulness in re- of these committees; and he is probably Chairman, I think you have lost con- membering this fine gentleman. right. trol of this meeting, and he said one I would like to state a little bit for Dr. Francis Collins came to Hot reason I have lost control is you are the listeners and the viewers just ex- Springs, Arkansas, in my district not standing up. Why do you not sit down? actly what type of a committee he has long ago and explained the human ge- He had that way of doing it. So I sat been the chairman of. The Committee nome project. That would not have down and we got on with the business, on Appropriations has 13 subcommit- been done, in my opinion, without but he got a kick out of that. tees. One subcommittee is called the JOHN EDWARD PORTER being there try- I think one of the reasons, and he Subcommittee on Labor, Health and ing to in a five-year period of time dou- will not admit it, but one of the rea- Human Services, and Education. It has ble the budget of the National Insti- sons he is leaving is because we have over maybe 820 agencies or programs tutes of Health. He had a vision for term limits in the chairmanships. We that it administers. JOHN PORTER is the what that institute, the National Insti- have imposed that on ourselves in the chairman, and I have been a committee tutes of Health, could do and then he House rules. He has a term limit. He member now for 6 years. This will be stayed with it. knows that he could not go to another my sixth year. He was constantly going over there. committee that would be as satisfying A chairman and the subcommittee He was taking us over there. He was in his heart and his soul as this one. He members get to know each other quite having their staff come and explain knows if he went to another committee well. They first of all have to jockey things to us, but without his leadership he could be chairman, but that he for positions to see who is doing what and understanding I do not think it might want to stay here and not being and what positions we have and what would have ever worked. chairman is a factor. I think this favors and corresponding votes that I have also had an opportunity to go might be laid at the feet of term lim- you give and take, and then you set with him on a human rights and health its, the term limits program; but he about trying to find out exactly what mission to China and Cambodia and probably would not say it. He is too the purpose of the committee is. Hong Kong and other places, and I not much of a gentleman to say something JOHN PORTER took this chairmanship only watched how he was able to speak like that. as if he was made for it. It is the most to the people of those countries and in I am going to miss him. It might sur- amazing match I have ever seen. Of a knowing way he had been there be- prise him for me to say that because course, he had been on it as a minority fore or he had talked to them or they we have really fought hard on several member for some time but as chairman had been to America and he had visited different issues and compromised and I have sat and watched him and lis- with them there and he was an out- worked out our differences as we have tened to story after story after story of standing spokesman. The chairman of had them, but he is such a fine gen- pain, suffering and human misery. He the CODEL, as we call it, always leads tleman. It is a pleasure for me to par- has done it always with attention and the introduction and always gives the ticipate in this special order for JOHN he has asked questions. We sometimes acceptance to the welcome in each EDWARD PORTER. We will miss you, in this committee get what is called country and he was an outstanding am- JOHN. compassion fatigue. We hear these sad bassador for our country. I mean, he Mrs. BIGGERT. I thank the gen- stories and all of these circumstances was so well spoken and calm and did tleman from Arkansas (Mr. DICKEY) for where people are just left out alone and such a good job representing what we his comments. It is nice to hear from this committee is the one with the consider the best of our country, and somebody who has worked so closely heart, as I call it, of the Committee on that is our concern for people who are with Mr. PORTER and had such a won- Appropriations and we are the ones suffering and who need care. derful experience from it. that go out and try to help others. Some of the things that we worked I would like to enter into the record, JOHN EDWARD, as I call him, has been on besides the NIH was TRIO, where we as I said before I had some statements, just a wonderful, patient listener and rescued the program from a cut. TRIO and this is from Governor George Ryan been an active participant in trying to is a program that encourages kids who the governor of the State of Illinois. I help use the Federal resources to help are not from a family whose parents am going to read some of it. I will not the people who are suffering. are college graduates and which says if read the whole thing but that will be H10246 CONGRESSIONAL RECORD — HOUSE October 18, 2000 submitted for the record. This letter STATE OF ILLINOIS, North Branch of the Chicago River. The en- says, WASHINGTON OFFICE, hancement of safety and operational capa- Washington, DC, October 11, 2000. bilities at Waukegan Airport, including new Dear John, on behalf of the State of Illi- Hon. JOHN EDWARD PORTER, instrument landing equipment and runway nois please accept our heartfelt gratitude for Chairman, Labor, Health & Human Services improvements. Waukegan Harbor has been your extraordinary contributions during a and Education Appropriations Sub- cleaned up with federal resources and pay- lifetime of public service. On the occasion of committee, House of Representatives, Wash- ments you helped secure from the firm who your retirement from the U.S. Congress, it is ington, DC. did the polluting. fair to recognize and applaud what you have DEAR JOHN: On behalf of the State of Illi- On behalf of my family and our shared con- accomplished for your constituents, for peo- nois, please accept our heartfelt gratitude stituents from all walks of life within Illi- ple within Illinois and throughout the for your extraordinary contributions during nois, thank you for all that you have accom- United States. It is also not an exaggeration a lifetime of public service. plished. Your ideas, experience and voice in to highlight the fact that your leadership in On the occasion of your retirement from Congress will be sorely missed. We wish you human rights and on environmental issues the US Congress, it’s fair to recognize and the very best in your next endeavor and hope that it brings you all the joy and happiness has benefited people around the world. You applaud what you have accomplished for that you deserve. Please extend our very are a strong advocate for a thoughtful Fed- your constituents, for people within Illinois best regards to your entire family and espe- eral appropriations process, a clean environ- and throughout the United States. It’s also cially your children—John, Ann, David, ment and adequate funding for the arts. not an exaggeration to highlight the fact that your leadership in human rights and on Robin, and Donna. You have earned an influential role among environmental issues has benefited people Sincerely, the green Republicans to fight for the Na- around the world. GEORGE H. RYAN, tion’s environmental interests in Congress. You are a strong advocate for a thoughtful Governor. And you are only one of five House members federal appropriations process, a clean envi- I think it is amazing all of the cor- ever to be appointed to the board of directors ronment and adequate funding for the arts. respondence that we have had. The of the Kennedy Center for the Performing You have earned an influential role among praise from several fellow Illinoians for Arts. Your service in Illinois began in the Il- the ‘‘Green Republicans’’ to fight for the na- JOHN PORTER’s service in Illinois in- linois House of Representatives during 1972 tion’s environmental interests in Congress. clude a couple of members from the Il- and I am proud that we served together in And you are one of only five House members linois delegation that I would like to the State House before you were elected to ever to be appointed to the Board of Direc- Congress in 1980. Those of us who were fortu- tors of the Kennedy Center for the Per- summarize what they have submitted. nate to work with you then have not been forming Arts. The gentleman from Illinois (Mr. LI- surprised by what you have accomplished Your service in Illinois began in the Illi- PINSKI) points out that not only has since. As a champion and supporter of the nois House of Representatives during 1972 JOHN’s work resulted in millions of dol- National Institutes of Health, your efforts and I’m proud that we served together in the lars going to fund biomedical research have helped the Institute bring about numer- State House before you were elected to Con- but his legacy will be saving lives. ous medical and health advances. You have gress in 1980. Those of us who were fortunate While they have not always agreed on successfully advocated Federal funding to to work with you then haven’t been sur- every issue, he commends John for his expand the Metro commuter rails into the prised by what you have accomplished since. The National Institutes of Health and bio- conservative stance on fiscal issues and northern suburbs of Illinois, including many his unwavering commitment to elimi- towns in your district. The 290 acres of open medical research have been huge bene- space at Fort Sheridan is an outgrowth of ficiaries of your legislative skills and your nating deficits and balancing the Fed- your creative determination and ability to leadership as Chairman of the Labor/HHS eral budgets. The gentleman from Illi- persuade the Federal Government to transfer Appropriation Subcommittee. As a champion nois (Mr. COSTELLO) touts JOHN’s ef- the land to the Lake County Forest Preserve and supporter of the NIH, your efforts have forts to ensure funding for the National District when Fort Sheridan was closed. helped the Institute bring about numerous Institutes of Health, and his dedication That this land transfer occurred without medical and health advances. to human rights issues. He expresses cost to the district and continues to exist as You have successfully advocated federal funding to expand the METRA Commuter his admiration for JOHN’s work in the an open space for all to enjoy is among your rails into the northern suburbs of Illinois, in- Illinois delegation and on the Com- most special contributions. The Great Lakes cluding many towns in your district. The mittee on Appropriations. He states Naval Station remains open, viable and an METRA extension into these areas via the that his friendship will be missed. economic anchor in Illinois because of your Wisconsin Central tracks has stimulated A couple of comments from former efforts. Among the critical military missions wide ranging economic expansion. The pas- conducted here is Navy and Coast Guard chiefs of staff to JOHN PORTER. Mark senger rail service this expansion made pos- training. Your commitment and effective- Kirk states that America is not great sible connected the northern suburbs to ness as an advocate of free trade continues because we are rich or field the most O’Hare International Airport and Chicago’s to produce immeasurable economic benefits powerful military. We are great be- Union Station. for the people of Illinois. Our farmers have The 290 acres of open space at Fort Sheri- cause our Nation has been the largest more markets in which to sell their crops dan is an outgrowth of your creativity, de- force for good on this earth. JOHN POR- and livestock. Our business community has termining and your ability to persuade the TER and the Human Rights Caucus additional opportunities to positively impact federal government to transfer the land to made our values and respect for human their bottom line. Our workers enjoy a more the Lake County Forest Preserve District rights an essential part of our coun- stable work environment with better com- when Fort Sheridan was closed. That this try’s mission to the world. We here in pensation. land transfer occurred without cost to the Illinois will miss JOHN PORTER’s calm, District and continues to exist as open space Additional contributions that will not be intellectual and dignified service to the forgotten include your efforts for com- for all to enjoy is among your most special Nation. prehensive flood control measures for the contributions. north branch of the Chicago River; the en- The Great Lakes Naval Station remains At this point, I would like to submit hancement of safety and operational capac- open, viable and an economic anchor in Illi- his letter. ities at Waukegan Airport, including new in- nois because of your efforts. Among the crit- MARK STEVEN KIRK strument landing equipment and runway im- ical military missions conducted here is Glenview, Illinois, October 18, 2000. provements. Waukegan Harbor has been Navy and Coast Guard training. Congresswoman JUDY BIGGERT, cleaned up with Federal resources and pay- Illinois is among the first tier of states U.S. House of Representatives, Washington, DC. ments you helped secure from the firm who benefiting from new opportunities to market DEAR CONGRESSWOMAN BIGGERT: I want to did the polluting. our products, produce and ideas internation- applaud you for leading today’s Special ally. Your commitment and effectiveness as Order for John Porter. On behalf of my family and our shared con- an advocate of free trade continues to Our country and future generations owe a stituents within all walks of life in Illinois, produce immeasurable economic benefits for real debt to Congressman Porter. he led our thank you for all you have accomplished. the people of Illinois. Our farmers have more nation’s commitment to double funding for Your ideas and experience and voice in Con- markets in which to sell their crops and live- medical research. It was his decision that gress will be sorely missed. We wish you the stock. Our business community has addi- laid the foundation for the mapping of the very best in your next endeavor and hope tional opportunities to positively impact human genome, finding the cause of Alz- that it brings you all the joy and happiness their bottom line. Our workers enjoy a more heimer’s disease and a cure for some types of that you deserve. Please extend our very stable work environment with better com- diabetes. John Porter’s legacy is one of best regards to your entire family and espe- pensation. longer, healthier lives, not just for our na- cially your children, John, Ann, David, Additional contributions that will not be tion but the world. Robin and Donna. Sincerely George H. Ryan, forgotten include your efforts for com- John Porter also embodies the values we Governor. prehensive flood control measures for the hold most dear. America is not great because October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10247

we are rich or field the most powerful mili- of both his intelligence and his political OCTOBER 18, 2000. tary. We are great because our nation has courage. Fifteen years ago, John began Hon. JUDY BIGGERT, been the largest force for good on this Earth. pointing out the dangerous growth of un- U.S. Representative, We enshrined our values in the Bill of Rights funded liabilities in the Social Security sys- Washington, DC. tem and, soon thereafter, he began intro- and exported them through the Universal DEAR CONGRESSWOMAN BIGGERT: I under- Declaration of Human Rights. John Porter ducing legislation to provide for individual stand that you have organized a ‘‘Special and the Human Rights Caucus made our val- social security retirement accounts. At the Order’’ to celebrate the career of Congress- ues and respect for human rights an essen- time, such behavior was considered an act of man John E. Porter, and that you have in- political suicide. But John had the courage tial part of our country’s mission to the vited former staff to Congressman Porter to to take on the issue, and a constituency that world. contribute sstatements. After 21 years of John Porter’s service to trusted and valued sound judgment over the nation, human freedom has spread demagoguery. He was well ahead of his time I was fortunate to have been introduced to throughout Eastern Europe and the former in seeing this problem for what it was. Congressman Porter in 1983, during his sec- Soviet Union, turning enemies into allies. Today, the popular wisdom has finally ond term in Congress. I was subsequently of- The new leaders in many of these countries caught up with where John was well over a fered a position as Legislative Assistant in were once prisoners of conscience whose best decade ago: recognizing this as a serious his office beginning in January, 1984. I was friend and advocate was John Edward Por- problem and beginning to come to grips with promoted to the position of Administrative ter. The bond they formed in prison cells solutions. Indeed, a very closely related pro- Assistant in 1995, and served on his staff with their voice and friend in Congress will posal to John’s original legislation is playing until early 1997. Since leaving his office I reap a permanent reward to the United a very prominent role in the current Presi- have had the opportunity to continue a pro- States. dential election. fessional and a personal relationship with We here in Illinois will miss John Porter’s Later in his career, John had the oppor- Congressman Porter. calm, intellectual and dignified service to tunity to accede to the Chairmanship of the John Porter is an individual of high integ- the nation. He served us all in the highest Labor, Health & Human Services and Edu- rity and deep intellect. He has an unwaver- tradition of public service and commitment cation Subcommittee. This was no easy as- ing commitment to our open system of rep- to the greater good. signment. In recent years, the Labor–HHS resentative democracy. I believe that he is Sincerely, bill has been a place where some of the most one of the finest Members of Congress to MARK KIRK. passionately held beliefs of conservatives serve during the last quarter of the 20th Cen- Another chief of staff, Robert and liberals about the shape and size of gov- tury. ernment and a myriad of emotional social Bradner, who worked for JOHN for 13 issues collide headlong. And it is the place During the first eighteen years of his ca- years, cites a specific example of where, on an annual basis, those disagree- reer, Congressman Porter devoted the major- JOHN’s foresight. Fifteen years ago, be- ments must somehow be resolved. I would ity of his time to efforts to reduce federal fore anyone saw it as a problem, JOHN argue that John Porter was almost uniquely budget deficits. In my view, his motivation began pointing out the potential prob- qualified for this most difficult assignment. was not simple or myopic fiscal conserv- lems with Social Security. While many This capability stemmed not from his views atism, his motivation was based on his con- on any particular issue but rather from the viction of public services as a responsibility thought it to be an act of political sui- for perpetuating our free and democratic so- cide, he had the courage to take on the innate decency that he has always shown to his co-workers and his strong belief that the ciety. Congressman Porter remained focused issue of Social Security reform. Pop- process by which issues are resolved in a de- for the majority of his tenure in Congress on ular wisdom has finally caught up with mocracy is of equal, if not greater, impor- adopting fiscal policies to enable future gen- him. tance than the particular outcome achieved erations to avoid being burdened with federal debt. Coming generations of Americans will b 2215 on a particular issue on a particular day. John’s belief in a fair process and his ability benefit from his steady and deliberate effort Robert further states, ‘‘JOHN’S belief to work on the basis of mutual respect with to help balance the federal budget. I am in a fair process and his ability to work colleagues of widely divergent views allowed pleased for Congressman Porter that he has on the basis of mutual respect with col- him to shepherd this most difficult legisla- been able to stay in the House long enough leagues of widely divergent views al- tion through the House over the past six to see a balanced federal budget. lowed him to shepherd difficult legisla- years in a manner that confirmed to all the With federal fiscal policy coming into bal- tion through the House over the past 6 true measure of his policy making talent. ance during the past two years, Congressman Ultimately, I regard John Porter as a years that he has been the chairman of Porter has refocused his efforts on federal teacher. He taught me, and a number of oth- programs of significance to future genera- the Labor-HHS Committee, in a man- ers who passed through his offices, about the tions of Americans. He has led an effort in ner that confirmed to all the true honor of public service and the importance of the House to increase funding for medical re- measure of his policy making talent.’’ ideas. He encouraged intellectual discourse search, an investment which will improve I continue with Robert Bradner. ‘‘Ul- and vigorous policy discussion within the of- the quality of life for future generations of timately, I regard JOHN PORTER as a fice toward the goal of developing a better all mankind. Also during this period he has teacher. He taught me and a number of understanding of the issues and a sounder conscientiously worked to forward proposals others who passed through his offices approach to policy. And he showed me that, to stabilize a Social Security system which, about the honor of public service and on the most trying and emotional issues fac- without changes, will not last to serve our ing the Congress—such as the resolution to children. the importance of ideas.’’ authorize hostilities against Iraq—there is John Porter has been a champion of the OCTOBER 18, 2000. no substitute for a member of Congress that ideals upon which our system of governing Hon. JUDY BIGGERT, exercises, to the best of their ability, inde- was originally based. He is a unique indi- Member of Congress, pendent judgment to ascertain the best vidual, and his character and demeanor will Washington, DC. course of action and the courage to support be missed in future Congresses. Today’s DEAR JUDY: I am delighted that you have that course. young Americans and their children will be organized a special order on the eve of John I thank you again for your efforts in orga- better off for Congressman Porter’s twenty Porter’s retirement from the House of Rep- nizing this fine tribute to John Porter, and years of devoted service in Congress. I wish resentatives to commemorate his many join with you and so many others in wishing him well. years of public service. John all the best in his future endeavors. Sincerely, I had the great honor to work for John Sincerely, GORDON P. MACDOUGALL Porter for a total of thirteen years, both dur- ROBERT H. BRADNER. ing the time that he served as a member of Another Chief of Staff, Gordon We also heard from former Illinois of- the minority party in the House, and later when he rose to an important chairmanship MacDougall, cites JOHN’S motivation ficials, Mr. Speaker. Former Illinois in the majority. A litany of all that he ac- for reducing Federal budget deficits as State Representative David Bark- complished in that time would run many being ‘‘based on his conviction of pub- hausen from JOHN PORTER’S district pages. However, I would like to share a few lic service as a responsibility for per- states that ‘‘one has only to look at observations. petuating our free and democratic soci- the example of JOHN PORTER to recog- During the 1980s, John Porter distin- ety.’’ He also praises JOHN as being a nize that in him we have truly had an guished himself as a tireless advocate for champion of the ideals upon which our exemplary leader and representative in human rights and the environment, as a de- system of governing was originally the mold that our Founding Fathers fender of the rights of women and an advo- cate for a common sense approach to family based. He states that ‘‘today’s young envisioned. The impact of his many planning, and as a fierce opponent of federal Americans and their children will be contributions will endure, as will the budget deficits. One accomplishment de- better off for Congressman PORTER’S 20 high standards of public service that he serves particular note, for it is emblematic years of devoted service in Congress.’’ has held high for others to follow.’’ H10248 CONGRESSIONAL RECORD — HOUSE October 18, 2000

LAKE BLUFF, IL, work hard, are always responsive and are a ILLINOIS STATE SENATE, October 18, 2000. pleasure to work with. They work closely Springfield, IL, October 18, 2000. Re ‘‘Special Orders’’ tribute for John Porter. with John enabling him to take personal in- Congresswoman JUDY BIGGERT, Hon. JUDY BIGGERT, terest in helping his constituents. In one 13th Congressional District. U.S. Representative, case that I know of Congressman Porter even DEAR JUDY: I worked with John Porter in Washington, DC. went as far as to track down a cabinet mem- the Illinois House, and he became my Con- DEAR JUDY: It is my pleasure and privilege ber in an airport to resolve a problem for an gressman. He was always very responsive to to participate in this special tribute to Con- individual in his district. my District and to my people, and he did a gressman John Porter from his colleagues Out of the four ways to leave office John is great job for the 10th District. and friends. leaving the only good way! He has served the I wish him the best that life has to offer I am fortunate that my service in the Illi- Northshore area of Illinois well. He leaves us and I shall miss him. nois General Assembly from 1981–1997 (2 with the memory of a true statesman and Sincerely, years in the House and 14 in the Senate) co- Congressman that we can always admire and ADELINE J. GEO-KARIS, incided with most of John’s years of service be proud of. A man of integrity and above all Senator—31st District, in Washington. He was both a great leader a true friend. Assistant Majority Leader. and team player. He also recruited and main- We will miss John as our Congressman. Illinois State Representative Eliza- tained a staff that was second to none and However, we are hopeful that there is a fu- beth Coulson states that she will al- that was always extremely courteous, coop- ture ahead in some capacity he may serve ways remember the lessons she learned erative, and effective. our country again. We will all be better off if John Porter has been an extraordinarily from JOHN, and that his work on envi- that occurs. ronmental issues was second to none. thoughtful and conscientious Congressman Sincerely, and a model servant. He has combined the KATHLEEN K. PARKER, ELIZABETH COULSON, characteristics that everyone could hope for State Senator, 29th District. STATE REPRESENTATIVE, in a Congressman from our kind of district. Springfield, IL, October 17, 2000. He is a deep and original thinker who has Illinois State Representative Jeff Hon. JOHN EDWARD PORTER, greatly influenced important policies in such Schoenberg recounts the first time he Congressman, 10th District, areas as health care research. He has re- met JOHN PORTER was when he was Deerfield, IL. flected and continuously sought the views of working in his first paid political job DEAR CONGRESSMAN PORTER: Congratula- his constituents while maintaining an admi- for JOHN’s election opponent, then Con- tions on eleven terms in the United States rable independence of judgment. And he has gressman Abner Mikva. Despite these House. We will miss your compassion and been extremely attentive to problems and good judgment in our 10th District. projects of local interest and influential in beginnings, Jeff has had an extremely As a State Representative, I have often offering solutions. good working relationship with JOHN, looked to your leadership as an example. I In the final Presidential debate last night, and states their offices have main- watch with great interest your lead on the the candidates were asked at the end what tained a ‘‘seamless cooperation’’ in Labor, Health and Human Services and Edu- might help to overcome the cynical and neg- serving the residents of Chicago’s cation Subcommittees. Your work on envi- ative views that so many citizens have of North Shore. He agrees that JOHN will ronmental issues is second to none. Again, their government and its leaders. Cloning best be remembered for his commit- we will miss you. John Porter might be one effective solution. You will always be remembered for your One has only to look at the example of John ment and diligence in bettering the independent thinking. As I continue my ca- Porter to recognize that, in him, we have lives of millions of Americans. reer in Government I will remember the les- truly had an exemplary leader and represent- His words commending Congressman sons that I learned from you. I wish you the ative in the mold that our Founding Fathers PORTER follow: best of luck in your future endeavors! envisioned. We owe him our deep thanks for Sincerely, the many good years of service he has given Please allow me to join the many others in offering my best wishes to my colleague and ELIZABETH COULSON, us. The impact of his many contributions State Representative, 57th District. will endure, as will the high standards of constituent, Congressman John Porter, in public service that he has held high for oth- his future endeavors. I would like to take a moment to ers to follow. I must concede that I first became ac- highlight one of JOHN’s most notable I am confident that we can look forward to quainted with John when I was hired in 1978 achievements, and that is his commit- additional, important contributions from for my first paid position in politics, as a ment to biomedical research. He is Congressman Porter in the service of his young field organizer for his election oppo- truly a champion in this field, as has country. For now, I want to join all of you in nent, then Congressman Abner Mikva. None- been noted by so many who I have theless, despite that less than auspicious be- this heartfelt, if inadequate, praise for his quoted. His work on the National Insti- job extraordinarily well done as a member of ginning to our working relationship, it has the United States Congress for the past 21 been an extraordinary pleasure to work with tutes of Health deserves particular years. Congressman Porter to address our mutual mention. Sincerely, constituent concerns and district needs. When he became chairman of the DAVID N. BARKHAUSEN. For the past ten years, our offices have Labor-HHS appropriations sub- Illinois State Senator Kathleen maintained a seamless cooperation in serv- committee in 1995, NIH had been appro- Parker worked on JOHN’S campaign for ing the residents of Chicago’s North Shore. priated $11.3 billion for the previous fis- state representative, how many years And on the issues that matter most to those cal year. While that is hardly small who we serve—whether it has been funding ago was that, and remembers that he chump change, JOHN recognized that for health care and medical research, deficit NIH is responsible for so many of our once tracked down a cabinet member reduction and greater fiscal accountability in an airport to resolve a problem for a in government, or most recently, when we country’s scientific advances and could constituent. She further states that he worked shoulder-to-shoulder with the United be responsible for so much more with was a man of integrity and, above all, Power for Action and Justice coalition to in- additional funding. a true friend. crease the availability of funding for afford- As a Congress we set out a few years able housing and health insurance for lower- ILLINOIS STATE SENATE, ago, with the guidance of JOHN, to dou- Springfield, IL, October 18, 2000. income women and children—John Porter ble the funding for the NIH, and JOHN will always be remembered for his commit- Hon. JUDY BIGGERT, has done this almost all by himself Cannon House Office Building, Washington, ment and diligence in bettering the lives of during his tenure. In the long-awaited millions of Americans. DC. conference report for Labor-HHS bill, DEAR REPRESENTATIVE BIGGERT: Thank I wish Congressman Porter the best of luck and hope his tenure in the Illinois legislature he has set aside $20.5 billion for NIH. you for the opportunity to be included in a That is a 15 percent increase over last Congressional tribute to John Porter. and the United States Congress will continue It’s hard to believe that John will have to inspire young people to public service. year, and an astounding 81 percent in- served for 22 years in Congress. It seems like May you continue to go from strength to crease during his chairmanship. yesterday when I worked on his campaign for strength, John, in your pursuit of just These increases in funding for NIH State Representative! causes. mean good things for so many people. I can tell you that through the years Con- Sincerely, It will, we hope, lead to cures for can- gressman Porter has been loved by his dis- JEFF SCHOENBERG. cer, AIDS, heart disease, diabetes, de- trict. He has never forgotten his constitu- Illinois State Senator Adeline Geo- pression, Alzheimer’s and so many oth- ents. While in Washington John has been ever mindful of local views and issues. Karis appreciates how responsive JOHN ers. In fact, earlier this year in the Congressman Porter’s staff is, if not the always was to her constituents, and Wall Street Journal, Al Hunt wrote best, tied with the best in the country. They states how much he will be missed. that this funding increase ‘‘may be the October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10249 most significant achievement of this jointly introduced Radio Free Asia to tect human health and the environ- GOP Congress.’’ serve China, North Korea, Burma, Viet- ment at home. The chairman of Research America, a nam, Cambodia and Laos. Congress au- He orchestrated an agreement be- former representative, Paul Rogers, thorized the program and JOHN quickly tween the government and the pol- said in the same article that achieving secured funding for the new service. luters of Waukegan Harbor on Lake the consensus necessary for this in- A Member of Congress who has Michigan to clean it up. He led an ef- crease ‘‘would have been very difficult served more than 20 years can amass a fort to preserve the 290 acres of open without JOHN PORTER. He has been the great deal of influence. JOHN PORTER as space on the northern part of Fort main purpose in this effort.’’ With that chairman of an influential appropria- Sheridan and make it available for praise, Mr. Rogers perhaps understated tions subcommittee is certainly no ex- recreation by transferring it from the JOHN PORTER’s role: He was the single ception. However, JOHN has bucked the army to the Lake County Forest Pre- motivating force. trend and has not used his power and serve District at no cost. This, of course, is not the only praise influence for his own personal gain or He sought and found effective solu- that JOHN has received, and I could use enrichment. He has used his influence tions to help area residents and busi- up the entire hour reciting the organi- to help those less fortunate than him- nesses along the North Branch of the zations that have honored JOHN for his self, those less fortunate than most Chicago River who suffered from flood support for biomedical research. Suf- Americans. damage. Thanks to his efforts, flood fice it to say, it is a long and note- Gerald LeMelle, Deputy Executive waters are now diverted from people’s worthy list, from the American Med- Director for Amnesty International basements to a number of large res- ical Association, to the American Soci- USA, eloquently summed this up when ervoirs. ety of Microbiology. So, on behalf of he said of Representative PORTER at a JOHN also has been a leading sup- the American public who benefits from recent farewell reception, ‘‘Whether porter of environmental projects that this critical research done at the NIH, from your keynote speech at the Latin benefit all the residents of north- I know we thank JOHN PORTER. American Ambassadors Colloquium in eastern Illinois. He obtained funding to I would also like to take a moment 1991, or your steadfast support on issue study Lake Michigan’s shoreline ero- to pay tribute to John Porter’s out- after issue, you have always been there sion and to stabilize it. He introduced standing human rights record. In 1983, for us and for human rights, with in- legislation to alleviate high water lev- after witnessing the severity of human tegrity and principle.’’ els in Lake Michigan by increasing right violations in the former Soviet I agree. JOHN PORTER has always water diversion down the Illinois River Union, JOHN helped to form the Con- been beside those who could not fight and secured additional funding for wet- gressional Human Rights Caucus. He for themselves. For this I admire him. land preservation. knew that applying Congressional pres- JOHN PORTER has been a leader in so So whether you are a resident of sure on foreign governments could be a many areas, and in the middle of our JOHN PORTER’s district, the City of Chi- significant step towards ending human testimonies to him on health care, cago and any of its suburbs, or the rights abuses around the world. human rights and health research, it is tropical rain forests of any developing I doubt that even JOHN PORTER an- also important to emphasize his active ticipated how successful the caucus interest and leadership on issues in- nation, your environment has been would ultimately turn out to be, with a volving the environment. His record is positively impacted by the efforts of a bipartisan membership now totaling clear enough on this point and long great environmental advocate, our friend, JOHN PORTER. 257 Members. Under JOHN’s solid lead- enough to document his strong and ership, the Human Rights Caucus thor- consistent support for major environ- Mr. Speaker, I would like to add that oughly reviewed the actions of and sub- mental legislation, including the Clean I also have received a statement from sequently condemned Chinese authori- Water Act, the Clean Air Act, the Wil- the gentleman from New Jersey (Mr. ties for the 1989 Tiananmen Square in- derness Protection Act, the National FRELINGHUYSEN), and I would like to cident. Under JOHN’s leadership the Park Protection Act and the Land and just say that he also applauds his work caucus has held regular briefings on Water Conservation Fund. to increase funding for the National In- important human rights issues, includ- But the fine print of his record also stitutes of Health and biomedical re- ing religious freedom in China, the op- reflects his love of animals and his love search, and says that believing that pressive regime of the late Nigerian of the outdoors. For instance, he voted more funds would lead to more cures dictator Sani Abacha, the plight of for the Endangered Species Act and for disease and other medical advances. North Korean refugees living in China, against the inhumane use of animals in Chairman PORTER embarked on an am- and the abhorrent use of children sol- product testing and the use of cruel bitious program to double the NIH diers, just to name a few. leghold traps. Ten years ago JOHN suc- budget. In addition to his work with the cau- cessfully stopped the radical destruc- I would like to also say that he par- cus, JOHN has been heavily involved tion of tropical rain forests in devel- ticularly remembers his work with personally in human rights work. He oping nations by tying future lending JOHN PORTER as a Member of the Sub- has provided a clear and loud voice for to conservation efforts to protect the committee on Foreign Operations. In the oppressed, and has strongly sup- forests and the wetlands. particular, he recalls one battle that ported human rights and democratic Today he is fighting for the protec- was waged with Mr. PORTER. They reform all over the world. tion of the American bear with legisla- worked together, in 1997, when they op- JOHN also cosponsored a Congres- tion to stop the illegal poaching of posed certain provisions of the fiscal sional fast and prayer vigil in which bears for their paws and gallbladders, year 1998 foreign operations appropria- numerous Members of Congress fasted which has garnered the support of 142 tion bill that they thought should not on behalf of specific oppressed individ- other Members of Congress. For these have been included. He says the one uals. Because of his leadership in this and many other efforts, he has received thing that he could say about JOHN area, Representative PORTER received awards, honors and accolades from na- PORTER is that he always he always the Anatoly Shcharansky Freedom tional and international environment stands up for his principles, and, in this Award from the Chicago Action for So- groups like the Sierra Club, the Audu- particular case, like so many others, he viet Jewry, who described him aptly as bon Society, the United Nations Envi- prevailed in the end because he knew ‘‘a champion of human rights and a ronmental Program and Conservation the facts and he knew the cause was powerful ally in the struggle against International. just. oppression and the fight for basic JOHN is even the recipient of the The gentlewoman from New York human freedoms.’’ prestigious Lorax Award from the (Mrs. MALONEY) says that she had had JOHN introduced legislation to create Global Tomorrow Coalition, a group the privilege of working with Mr. POR- a Radio Free China, a broadcasting representing over 100 environmental TER on such a wide variety of issues; service to bring uncensored news re- organizations. But, most important to women’s rights, health care, human ports directly to the Chinese people the people of the Tenth District of Illi- rights, family planning, the environ- without government intrusion. He then nois, have been JOHN’s efforts to pro- ment and many, many more. H10250 CONGRESSIONAL RECORD — HOUSE October 18, 2000 b 2230 Porter for setting the standard that others next stage of JOHN’s career. We will all follow. Thank you for giving us the joy of He was always a tremendous advo- watch with great pride and interest the working in this exciting environment that new challenges that JOHN will decide to cate for bipartisan cooperation. Over allows us to learn something new each day the years, they often worked together and be of service to others. tackle in the months and years to to forge common sense solutions to im- Thank you for standing by us during the come. We all will know that whatever portant issues facing our Nation. She ups and downs we have experienced in our cause or causes he chooses to take on says that she knows that there are personal lives over the past 21 years. Most of in his next career will be benefited and all, thank you for letting us be members of blessed by his fine touch. many Members of Congress who would the Porter family, to work for you and be join her in this sentiment, and she be- They say there is no limit to the with you. We have loved every minute. amount of good that a man can do in lieves that that alone is an outstanding Signed Linda Maneck, Dee Jay Kweder, Ed tribute to any Member of the U.S. Kelly, Ginny Hotaling, Carol Joy this world if he does not care who gets House of Representatives. In the case Cunningham, Mary Jane Partridge, Nancy the credit. Well, JOHN never cares and never has cared who has gotten the of Congressman PORTER, it is an excep- Johnson, Linda Mae Carlson, Jerri Lohman, tionally fitting tribute. Katharine Fisher, Spencer Perlman, credit, and JOHN can never be credited Jeannette Windon, Michael Liles, Erik Ras- sufficiently for the great good he has She had the distinct pleasure of mussen, Jori Frahler and David Fabrycky.’’ working with Mr. PORTER on inter- done in this world. Is that not a nice tribute to have national family planning issues and We will all miss JOHN PORTER a great from the members of your staff? deal, but we are all honored to have stood together in opposition to any Mr. Speaker, much has been written antidemocratic gag rules which would been able to serve with a leader of such during this presidential election year integrity, dedication, and commitment interfere with the availability of fam- of legacy of what a public servant be- ily planning around the world. to principle. quests to his succeeding generations, Tonight we celebrate his legacy, we On this issue, as with so many oth- not just on his last days in office, but delight in his friendship, and we wish ers, Congressman PORTER has touched over the entirety of his career. JOHN EDWARD PORTER the very best so many lives; it is hard to measure the Let me close tonight’s special order that life has to offer. full impact of his efforts. by summing up the sentiments ex- Mr. Speaker, I include for the I would like to then turn to some re- pressed by my colleagues regarding the RECORD the following speech: marks which I think are very fitting, legacy of our esteemed colleague, JOHN SPEECH DELIVERED BY GERALD LEMELLE, and that is a thank you to Mr. PORTER EDWARD PORTER. from his staff. And they have said that DEPUTY EXECUTIVE DIRECTOR FOR AMNESTY What we have heard tonight is that INTERNATIONAL USA, ON THE OCCASION OF A the House of Representatives and the JOHN PORTER has not sought out glory FAREWELL RECEPTION FOR REPRESENTATIVE 10th District of Illinois will not be the or tried to advance his name at any JOHN PORTER, CO-CHAIRMAN OF THE CON- same next year as Congressman JOHN cost. JOHN is the kind of Congressman GRESSIONAL HUMAN RIGHTS CAUCUS, OCTO- PORTER sets off on a new career path. that will leave a long record of accom- BER 3, 2000 Members of his staff would like to take plishments when he walks out of this Distinguished members of Congress, distin- this opportunity to express their grati- Chamber as we adjourn sine die. guished staff, dear friends and colleagues, it tude for the journey that they have First, JOHN leaves a great legacy to is my bittersweet pleasure to be here to bid traveled with him over the past 21 the 10th District in the State of Illi- farewell to our dear friend and Co-Chairman years. nois. As our governor, State senators of the Congressional Human Rights Caucus, Congressman John Porter. Mr. Speaker, I will quote: and representatives mentioned in their Chairman Porter has been a key leader in Some of us have worked for the Congress- letters and as my colleagues from Illi- ensuring that the Congressional Human man almost his entire time in office. Our nois attested tonight, JOHN’s contribu- Rights Caucus did not just survive the aboli- longevity is a testament to the respect and tions are without equal. Among the tion of caucuses, but has managed to appreciation we have for his honesty, integ- many projects for which he will be re- thrive—even ‘‘thrive’’ might be an under- rity, and leadership. The Boss, as we affec- membered, his funding for the METRA statement! Today, the Human Rights Caucus tionately called him, has been the one con- Commuter rails that link the northern has an almost frantic pace of briefings—Gua- stant amidst the hectic pace of a congres- suburbs of Illinois with downtown Chi- temala, Burma, Sudan, Algeria, East Timor, sional office caught in a whirlwind of issues, Turkey—it matters not the range of coun- including a government shutdown and im- cago and O’Hare Airport. tries or even issues, all these countries are peachment hearings. Second, JOHN leaves a great legacy to covered in a week, with recognized experts or He has vigorously pursued those issues of this country. His crusade to increase with the activists who are on the front line greatest interest to him, including bio- NIH funding will no doubt lead one day of these issues! But the Caucus does not medical research, human rights, and envi- to the cures for the diseases that will cover only countries in the headlines but ronmental conservation. He has never save millions of lives. His work on be- countries and peoples forgotten by the glare wavered from his duty to fairly represent the half of women’s and children’s health of CNN. The Caucus is here to ensure that people of Illinois’ 10th Congressional Dis- issues, it is unparalleled. human rights around the world remain a trict. JOHN leaves a great legacy for our focal point for congressional activity—even Congressman Porter rarely lets an occa- world community. He has represented when Congress gets caught up in other busi- sion go by without acknowledging his appre- ness. And for that, sir, we salute you. ciation for what he calls ‘‘the best congres- those around the world who are not But Chairman Porter has gone beyond the sional staff in America.’’ However, leader- able to represent themselves. JOHN Caucus in his pursuit of human rights. When ship and success come from the top. fights not only for the most popular Native American leaders converged on Wash- Congressman Porter has set service to his crusades, but also for the countries and ington earlier this year to call for the re- constituents as the highest priority. From people forgotten by the glare of CNN. lease of Leonard Peltier, they found a recep- his impeccable manners, to his insistence This is a proud legacy. tive ear in Chairman Porter who hosted an that no constituent request goes without re- Perhaps most importantly, JOHN important briefing in which we in Amnesty sponse, he has taught us that everyone is to leaves a great legacy for the people International were honored to participate. be treated equally. whose lives he has personally and di- When the Turkish government has gone on a The honor of working for Congressman public relations offensive, or when the Ad- John Porter has enriched our lives in more rectly touched. The thoughtful and lov- ministration despite its wiser counsel has de- ways than we can ever express. ing testimony shared here tonight by cided to pursue arms transfers to that NATO In the communities of Illinois’ wonderful his staff and former staff members ally, it is Congressman Porter who has been 10th Congressional District, it is a name that speak out volumes on the quality and publicly on the side of human rights. commands respect. We know this because we decency of this fine man. In 1995, at a briefing organized by the Con- hear his praises sung daily. Even constitu- Tonight we heard of the legacy that gressional Human Rights Caucus, when Nige- ents who disagree with his vote respect his JOHN has created during his years of ria was suffering under the oppression of the judgment and his courage to vote his con- service in this body. We heard but a late dictator Sani Abacha, Chairman Porter science. small part of the large impact he has was one of the few voices calling Abacha So as you move on, Boss, we wish you the what he was—a dictator—and one of the lone great success in your next endeavor. We made on his district, his State, his voices blasting the Administration’s policy. know that you will continue to contribute country, and the world. And of course we cannot talk about the your many talents to helping the people of But tonight is not a leave-taking. It Chairman without talking about Kathryn this great Nation. Thank you, Congressman is the exciting commencement of the Porter, a human rights activist in her own October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10251 right. While her work on behalf of the Kurd- diseases and other medical advances, Chair- en's Issues. And every year, the Women's ish people and Afghani women is widely rec- man PORTER embarked on an ambitious pro- Caucus testified before his subcommittee. ognized and celebrated, we also remember gram to double the NIH budget over five Congresswomen would line up to testify the singular courage she exhibited when she years. Against all odds, and under tight budget about a whole host of issuesÐfamily planning, spent some time with Jennifer Harbury in women's health, title IX, biomedical research, Guatemala, on a lonely stretch of rural road constraints, he has managed to increase NIH outside an Army base. funding by 15 percent a year for the past three education funding, diabetes, cancer, heart dis- While a politician might boast of the state years. At this rate, Congress would meet his ease, obesity, long-term health care, breast dinners he or she has attended, Chairman goal of doubling that budget in five years. I cancer, teen pregnancy, mental health, AIDS, Porter attended a ‘‘stateless’’ dinner on be- hope that my colleagues would continue to- osteoporosis, STD's, child care, homeless- half of Chinese dissidents. While politics is ward that objective and that his leadership ness, Head Start, pediatric asthma, violence well tuned to the powerful and the popular, with the NIH will be remembered as one of his against women, and many more subjects. Chairman Porter has stood by the underdogs, Chairman PORTER often said it was his fa- supporting the rights of religious and ethnic greatest legacies. On a more personal note, I particularly re- vorite day in the subcommittee. Mr. PORTER minorities throughout the world, including was always interested, attentive, informed, the Armenians and the Ba’hais. While many member our work as members of the Foreign in Congress have shunned the challenge of Operations Subcommittee. In particular, I re- and compassionate. We always knew we had confronting the violations by powerful allies call one battle we waged together in 1997 a real advocate and friend on so many of such as Saudi Arabia, Chairman Porter when we opposed certain provisions of the these important issues in Chairman PORTER. seems to embrace such opportunities. While Fiscal Year 1998 Foreign Operations Appro- He will be sorely missed by the Women's governments and their representatives tend priations bill that we thought should not have Caucus, he will be missed by the entire Con- to have relationships with other govern- been included. One thing you can say about gress, and his leadership will be missed by ments, we can safely say that Chairman Por- JOHN PORTER, he always stands up for his countless Americans whose lives have been ter has built relationships with peoples. touched by his work. We in Amnesty International USA with its principles. In this particular case, like so many Mr. REGULA. Mr. Speaker, I know JOHN 300,000 members in the United states and others, he prevailed in the end because he PORTER as a friend and as a member of the more than a million members worldwide can knew the facts and the cause was just. Appropriations Committee. We have served say that we are a grateful people for your My work with Mr. PORTER was not just con- leadership and your support. I should also fined to the Appropriations Committee, as both together on the committee during his entire add, if I want my staff not to kill me, that of us have been members of the Tuesday twenty year tenure in Congress. JOHN PORTER will be remembered as one of your staff has also been fabulous, including Lunch Bunch. Here we consumed a lot of Rachel Helfand, Karen Davis, Heidi Gasch, the most consistent fiscal conservatives on the pizza and discussed issues facing us in Con- Katharine Fisher, Kelly Currie, and Appropriations Committee during his service in gress that deserved extra attention and delib- Jeannette Windon. We have grown to respect office. During his first fourteen years as a mi- eration. and rely on them as well. nority member of the Labor-Health-and-Human Whether from your keynote speech at the While we are saddened to see Mr. PORTER Resources Subcommittee, JOHN worked tire- Latin American Ambassadors Colloquium in retire, we join in wishing him well in the future lessly to assure strict oversight of the agen- 1991 or your steadfast support in issue after and thanking him for the high standard he has cies under his jurisdiction. During that period, issue, you have always been there for us and set for all of us. we looked to his leadership to hold the line on for human rights, with integrity and prin- Mrs. MALONEY of New York. Mr. Speaker, excessive spending by that subcommittee. ciple that is second to none. Dear Chairman I want to thank the Illinois delegation for orga- Porter, it’s not just staffers who voted you Also during our period together in the minor- nizing this Special Order tonight, and I want to number one Congressperson who will be ity, JOHN worked hard to reform a budget missed most—we also read Washingtonian thank my friend JUDY BIGGERT for coordinating process which he thought contributed to ex- magazine—we too will miss you deeply. this particular effort honoring Congressman cessive Federal spending. As a member of the Thank you sir for your wonderful example OHN DWARD ORTER J E P . majority, JOHN has continued fighting to reform and contribution to human rights. You are a I am here to honor my friend, Chairman the budget process during the past six years. real hero to us. JOHN PORTER, who is retiring at the end of this He has argued throughout his career that Mr. FRELINGHUYSEN. Mr. Speaker, today session of Congress. Mr. PORTER has been a adopting a bipartisan budget resolution in we salute the very distinguished gentleman good friend, he has been a terrific legislative March of each year would help restrain do- from Illinois, Mr. JOHN EDWARD PORTER, as he partner, and he has been a superior legislator. mestic spending at the end of each year. We prepares to retire after 20 years of dedicated I have had the privilege of working with Mr. will remember his thoughtful and wise counsel service in the House of Representatives, to PORTER on such a wide variety of issuesÐ on how to use the budget process to control the people of Illinois, and to our Nation. I rise women's rights, health care, human rights, Federal spending. to join my colleagues in paying tribute to him family planning, the environment, and many, As Chairman of the Labor-HHS Sub- and the legacy he leaves behind. many more. He has always been a tremen- committee JOHN has worked closely with the Mr. PORTER embodies a unique blend of fis- dous advocate for bipartisan cooperation. minority. He is respected equally by both Re- cal conservatism and social moderation. He is Over the years, we have often worked to- publicans and Democrats on the committee for known as a most thoughtful, articulate, and re- gether to forge commonsense solutions to im- his bipartisan approach. JOHN has worked ef- sponsible member of the Appropriations Com- portant issues facing our Nation. And I know fectively with the minority to manage and con- mittee, a consistent advocate for human rights that there are many Members of Congress trol Federal appropriations, and to establish for all people, a protector of volunteers to en- who would join me in this sentiment. I believe and impose performance measures on Fed- courage their greater participation in their that alone is an outstanding tribute to any eral agencies. He has gained the respect of all communities, and a supporter of programs Member of this House. In the case of Con- of those who have worked closely with him. that help men, women, and children in need to gressman PORTER, it is an exceptionally fitting Some of our colleagues will remember JOHN have full and productive lives. tribute. for his strong commitment to medical re- It has been my honor to serve with Mr. POR- I had the distinct pleasure of working with search. JOHN has championed medical re- TER as a member of the House Appropriations Mr. PORTER on international family planning search because of his belief in a better society Committee for the past six years. As Chair- issues. We stood together in opposition to any for our children. His leadership on funding for man of its Labor, Health and Human Services, anti-democratic gag rules, which interfere with medical research reflects his concern for the Education Subcommittee, he has had the Her- the availability of family planning around the well being of all people. culean task of shepherding the largest domes- world. On this issue, as with so many others, He has used his position on the Appropria- tic spending bill through our committee and Congressman JOHN PORTER has touched so tions Committee to make the Federal Govern- this Chamber. Not only does this bill contain a many lives, it is hard to measure the full im- ment more accountable to taxpayers. JOHN substantial amount of money, it also contains pact of his efforts. has insisted, like his subcommittee prede- a substantial amount of controversial policy He is a leader on protecting the environ- cessor Bill Natcher, on attending every over- issues. Mr. PORTER has done an excellent job ment. As co-chair of the Human Rights Cau- sight and public hearing. In order to ensure of balancing all the competing interests as he cus, he has been a leader on human rights. that all of his colleagues have a chance to worked to craft his annual bill. As Chairman of the Labor-HHS Sub- amend the Labor-HHS bill, he has insisted on In this regard, I applaud especially his work committee, he has been a leader on bio- bringing the bill to the House floor every year. to increase funding for the National Institutes medical research. JOHN has managed the Labor-HHS in a man- of Health and biomedical research. Believing This year, I am proud to serve as the co- ner which reflects the principles of our rep- that more funds would lead to more cures for chair of the Congressional Caucus for Wom- resentative democracy. H10252 CONGRESSIONAL RECORD — HOUSE October 18, 2000

We will miss JOHN's integrity and his inde- saving lives and conquering diseases such as sion for his votes against higher spending and pendence. JOHN's work in Congress during the cancer, diabetes, Parkinson's disease, heart taxes. past twenty years will contribute to a stronger disease, and many others. In addition, he In 1997, JOHN had the best score of any democracy for future generations. We will worked tirelessly to provide more funding for House member in the bipartisan Concord Coa- miss him as a leading member of the Appro- community health centers that serve the indi- lition's analysis of spending votes, earning him priations Committee, and we hope that he will gent poor. a place on the Coalition's ``Honor Roll'' of stay in close contact with all of his former col- I can speak endlessly on Representative members with the strongest commitment to leagues on both sides of the aisle. PORTER's accomplishments, but I would be re- eliminating deficits and balancing the budget. Mr. HOBSON. Mr. Speaker, I rise today to miss if I did not point out that beyond his stel- The Concord Coalition placed him on its pay tribute to an outstanding Member of Con- lar accomplishments, he is a man of honor ``Honor Roll'' again for his 1998 voting record. gress and an individual who has helped make and integrity. And as Congressman PORTER JOHN is regarded as one of the leaders of this Nation a better place for families, our vet- enters into retirement, I am grateful to have the ``Green Republicans'' in the House. A sup- erans, and our armed forces. served with a Member of such high esteem. porter of the Clean Air and Clean Water Act, Mr. PORTER first came to Congress in 1980. Mr. COSTELLO. Mr. Speaker, it is an honor he has enacted landmark legislation to stop Since that time he has become a recognized for me to rise today to join my colleagues in destruction of tropical rainforests, fought to leader in health care issues. He has always paying special tribute to my good friend and prevent unregulated export of waste, and has done a commendable job in working in a bi- colleague from Illinois, Mr. JOHN PORTER. Mr. advocated new standards for recycling and partisan manner to fund valuable programs PORTER and I have worked on many bipar- energy efficiency. through the most difficult of situations. His tisan issues to improve our nation and home A strong supporter of the arts and human- keen interest in supporting health care, edu- state of Illinois including many health care ini- ities, JOHN was appointed to the Board of Di- cation and labor issues, has helped set Fed- tiatives. Since coming to Congress, I have ap- rectors of the Kennedy Center for the Per- eral priorities in those critical areas which fur- preciated his friendship and admired his work forming Arts in 1999, one of only five House ther the best interests of our country. within the Illinois delegation and on the House members to receive this honor. We all know JOHN loves golf almost as Mr. PORTER and I share an interest in health Appropriations Committee. much as politics. JOHN will now have more care issues, which I developed in my days in Mr. PORTER began his distinguished career time to spending working on his swing on the the Ohio State Senate. I have always appre- as an attorney, having graduated from the golf course. It is indeed an honor for me to sa- ciated Chairman PORTER's leadership in sup- University of Michigan in 1961. JOHN PORTER lute Congressman JOHN PORTER. porting needed programs in the Labor/Health has represented the 10th District and the Mr. LANTOS. Mr. Speaker, I rise today with and Human Services bill to benefit pediatric State of Illinois well. He has dedicated himself a heavy heart to say good-bye to one of my care, physician training, mental health serv- to representing the citizens of the Great State dearest friends in this Chamber. I know that ices, and other important health programs. of Illinois and has been tireless in his efforts the entire House shares my sense of loss in As a former Army Reservist, Mr. PORTER to ensure medical research at NIH will con- the departure of one of the truly great legisla- has approved a valued member of the Military tinue and is adequately funded. In addition, he tors who has served this body for now over 20 Construction Appropriations Subcommittee, has helped countless people in the United years, the gentleman from Illinois, my friend where I serve as Chairman. Mr. PORTER has States and around the world in an effort to re- JOHN EDWARD PORTER, I know that not only always been a strong advocate for improving solve human rights issues. the 10th District of Illinois will miss him sorely. the living and working conditions for our mili- Mr. Speaker, JOHN PORTER has served this Mr. Speaker, when I was a very junior Mem- tary personnel and their families and he will be institution well and he will be greatly missed. ber of this House, I one day received a re- missed on our subcommittee. I wish Mr. PORTER and his family well in the quest from a young but already distinguished Today, as we honor Mr. PORTER, I am years to come. Republican, who wanted to meet with me. As pleased to join with his friends and colleagues, Mr. CRANE. Mr. Speaker, it is a pleasure you can imagine, I was impressed and hon- his wife, Kathryn, and his children, in wishing for me to give this tribute to my good friend ored to receive such a request, and I happily him all the best in the years to come and to and colleague JOHN PORTER. John has served agreed to this meeting. I still remember vividly thank him for his years of dedicated service to with distinction and honor with me for nearly that day in my office with JOHN, his wife Kath- our Nation. 22 years in the United States House of Rep- arine Cameron Porter, and my wife Annette. As Ohio's Seventh District Representative to resentatives. What resulted from this meeting was not only the Congress of the United States, I take this JOHN is retiring this year as a senior mem- the start of our long friendship with JOHN and opportunity to join with members of the Ohio ber of the House Appropriations Committee, Katharine Porter, but also that JOHN and Kath- delegation and other members of the Appro- Vice-Chairman of the Foreign Operations Sub- arine suggested the creation of what I con- priations Committee to honor the efforts and committee, and Chairman of the Labor, Health sider one of the most important entities in this the many outstanding achievements of Rep- & Human Services and Education Sub- bodyÐthe Congressional Human Rights Cau- resentative JOHN PORTER. His many contribu- committee. He also serves on the Military cus. JOHN and Katharine both experienced tions as a member of the House of Represent- Construction Subcommittee. government harassment first hand, when the atives and leadership as a valued Committee Like all Congressmen, he on occasion has female members of their congressional dele- Chairman will be remembered. had things happen to bring him back down to gation to the former Soviet Union were strip earth. Several years ago when flying into searched. Mr. RUSH. Mr. Speaker, I rise today to pay O'Hare he stopped to freshen up before leav- Mr. Speaker, JOHN and I have proudly co- tribute to a great Illinoisan and a dedicated ing the airport. After washing his hands he chaired the Congressional Human Rights Cau- Congressman. My colleague, Congressman went to dry them. The hand dryer had a note cus since its inception in 1983, and have seen JOHN EDWARD PORTER, dedicated 20 years of attached to it that read: ``Press here for a it grow into easily the most active working his life to serve as the Representative from Illi- message from your Congressman.'' group on any issue on the Hill with currently nois' Tenth Congressional District. At the helm On a more serious note, JOHN is founder over 257 Members from both sides of the of the Labor, Health and Human Services, and and co-chairman of the Congressional Human aisle. No one can ever measure how many Education Appropriations Subcommittee, Con- Rights Caucus, a voluntary bipartisan associa- countless people JOHN PORTER has helped, gressman PORTER worked diligently to forge tion of members of Congress working to iden- how many people he has given hope, how bipartisanship in the appropriations process. tify, monitor and end human rights violations many times he has spoken out in the defense Over the course of Congressman PORTER's worldwide. of human rights, how often he has fought tenure in the House of Representatives, he JOHN also has nearly as large a kennel of human rights violations wherever they oc- has taken a leadership role on health care bulldogs called Watchdogs of the Treasury curred. The Caucus Mandate states, that the issues. As Chairman of the Labor, HHS and from the National Taxpayers Union as I have purpose of our organization is to ``focus bipar- Education appropriations since 1995, he was in my office. tisan attention on the most fundamental Amer- successful in making biomedical research one But JOHN has a record we should all be en- ican values: the sanctity of the individual and of our Nation's highest priorities. This is evi- vious ofÐin 1992, he was one of only six out the inalienable rights on which the Founders denced in the fact that during his tenure as of 435 House members named a ``Taxpayer created our country,'' In doing that, and in Chairman, Congressman PORTER doubled Superhero'' by the Grace Commission's Citi- continuing to do that, JOHN PORTER is a true funding for the National Institutes of Health zens Against Government Waste. American hero. (NIH). Congressman PORTER understands the In 1994, he was one of only 35 members of I am grateful that JOHN PORTER invited me great promise that NIH's research holds for the House to be cited by the Grace Commis- to serve with him as co-chairman of the October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10253 Human Rights Caucus. Annette and I are principle that the cause of liberty is always ments, we can safely say that Chairman Por- proud and honored to be his friends, and I worth the effort. ter has built relationships with peoples. We in Amnesty International USA with its know that he and I will continue to work on John Porter has been the conscience of the Congress on human rights. Although he now 30,000 members in the United States and human rights issues. Farewell and Godspeed, changes venue, whatever path he now choos- more than a million members worldwide can and good luck in all your future endeavors. es, he will surely remain a powerful ally in say that we are greatful people for your lead- Mr. Speaker, a few days ago the Congres- the struggle for human rights. As the Assist- ership and your support. I should also add, if sional Human Rights Caucus formerly said ant Secretary for Democracy, however, I I want my staff not to kill me, that your good-bye to our outstanding Co-Chairman in a have half a mind to move to his district and staff has also been fabulous, including Ra- moving reception. Let there be no mistake, exercise my vote, repeatedly, to force him to chel Helfand, Karen Davis, Heidi Gasch, Katharine Fisher, Kelly Currie, and Jeanette JOHN PORTER is still needed, and I know that stay in office! Congressman Porter, Kath- arine: Good Luck and Godspeed. Windon. We have grown to respect and rely he will always be closely involved with the on them as well. human rights community in whatever capacity. SPEECH DELIVERED BY GERALD LEMELLE, Whether from your keynote speech at the For those Members of the Caucus who unfor- DEPUTY EXECUTIVE DIRECTOR FOR AMNESTY Latin American Ambassadors Colloquium in INTERNATIONAL USA tunately could not attend our farewell to JOHN, 1991 or your steadfast support in issue after let me just say that it was one of the most Distinguished member of Congress, distin- issue, you have always been there for us and guished staff, dear friends and colleagues, it for human rights, with integrity and prin- moving events the Caucus has held. Leaders is my bittersweet pleasure to be here to bid ciple that is second to none. Dear Chairman of the human rights community representing farewell to our dear friend and Co-Chairman Porter, it’s not just staffers who voted you organizations from around the world came to of the Congressional Human Rights Caucus, number one Congressperson who will be pay tribute to his outstanding leadership. Mr. Congressman John Porter. missed most—we also read Washingtonian Speaker, I submit for the RECORD two of the Chairman Porter has been a key leader in magazine—we too will miss you deeply. most moving tributes. ensuring that the Congressional Human Thank you sir for your wonderful example The first one is by our outstanding Assistant Rights Caucus did not just survive the aboli- and contribution to human rights. You are a tion of caucuses, but has managed to real hero to us. Secretary for Democracy, Human Rights and Mr. GILMAN. Mr. Speaker, I consider it a Labor, Harold Hongju Koh, and the second by thrive—even ‘‘thrive’’ might be an under- statement! Today, the Human Rights Caucus privilege to rise to honor the retirement of a Gerald LeMelle, Deputy Executive Director for has an almost frantic pace of briefings—Gua- colleague who has been an outstanding leader Amnesty International USA. temala, Burma, Algeria, East Timor, Tur- of this body. STATEMENT FOR THE RECORD BY ASSISTANT key—it matters not the range of countries or I have had the opportunity to work with SECRETARY HAROLD HONGJU KOH even issues, all these countries are covered JOHN PORTER since he first came to this I am honored to join Members of Congress in a week, with recognized experts or with Chamber back in 1980. He brought with him in this special tribute to the remarkable the activists who are on the front line of honor to this job, and has shown great com- Rep. John Porter. A friend and ally to these issues! But the Caucus does not cover human rights activists and survivors, John only countries in the headlines but countries mitment and dedication to his country. has used his extraordinary talents and his and peoples forgotten by the glare of CNN. Prior to his election to Congress, JOHN prac- time in Congress for decades to bring human The Caucus is here to ensure that human ticed law and served in the Illinois House of rights issues and concerns to their rightful rights around the world remain a focal point Representatives for eight years. He brought place on the national agenda. The work of for congressional activity—even when Con- with him a great deal of legislative experience John and the brilliant Tom Lantos in form- gress gets caught up in other business. And and has shown a rich understanding of the ing the Congressional Human Rights Caucus for that, we salute you. legislative process. The leadership skills that captures everything we seek in an American But Chairman Porter has gone beyond the have allowed him to accomplish so much are human rights policy: bipartisan, principled, Caucus in his pursuit of human rights. When inspiring. global, executed by a genuine partnership be- Native American leaders converged on Wash- JOHN has accomplished a great deal while tween the executive and legislative ington earlier this year to call for the re- serving as Chairman of the Appropriations lease of Leonard Peltier, they found a recep- branches, and deeply committed not just to Subcommittee on Labor, Health and Human addressing broad policy questions, but to im- tive ear in Chairman Porter who posted an proving the plight of individual people. important briefing in which we in Amnesty Services, and Education. He has diligently Those of us in the Department of State, in International were honored to participate. worked to allocate funds for family planning particular at the Bureau for Democracy, When the Turkish government has gone on a and for Medicaid. Human Rights and Labor, are blessed be- public relations offensive, or when the Ad- JOHN has worked to revitalize involvement in cause our work receives such strong bipar- ministration despite its wiser counsel had the political process, trying to draw voters in, tisan support on Capitol Hill. There are decided to pursue arms transfers to that to take part in the legislative process. He has many Members, on both sides of the aisle, NATO ally, it is Chairman Porter who has been an advocate for education. He has also who care deeply and passionately about been publicly on the side of human rights. worked tirelessly to increase spending on human rights and fundamental freedoms. In 1995, at a briefing organized by the Con- medical research, recognizing the need to find But passion needs a leader. And John, along gressional Human Rights Caucus, when Nige- cures for many life-threatening diseases. ria was suffering under the oppression of the with Tom Lantos, has been more than their As Chairman of the International Relations leader—he has been their inspiration. Let me late dictator Sani Abacha, Chairman Porter also take this occasion to pay tribute to was one of few voices calling Abacha what he Committee, I am pleased to note that JOHN John’s own inspiration—Katharine Porter— was—a dictator—and one of the lone voices PORTER co-founded the Congressional Human who by her own witness, has given so much blasting the Administration’s policy. Rights Caucus, and has in that capacity of herself for so many years to improving And of course we cannot talk about the worked to raise awareness of the injustices human rights for so many. Chairman without talking about Kathryn that have been occurring in other countries. To highlight John’s many accomplish- Porter, a human rights activist in her own JOHN PORTER has been a reformer who has ments would take the rest of the evening. right. While her work on behalf of the Kurd- crossed party lines on many issues. He has Let me say only that Congressional leader- ish people and Afghani women is widely rec- earned the respect of his colleagues on both ship on human rights issues has largely been ognized and celebrated, we also remember sides of the aisle. His courage, and his dedi- the result of John’s and Tom’s joint vision, the singular courage she exhibited when she cation to his constituents is to be commended. activism, and hard work. John not only es- spent time with Jennifer Harbury in Guate- To JOHN's wife, Kathryn, and their five chil- tablished himself as a leader in the struggle mala, on a lonely stretch of rural road out- for human dignity, by calling upon Col- side an Army base. dren, we wish you all the best. I am sure you leagues to join the Caucus, he has focused While a politician might boast of the state are as proud as we are of the many great their combined energies on a range of human dinners he or she has attended, Chairman years of service JOHN has given to his office, rights issues that others said were losing Porter attended a ‘‘stateless’’ dinner on be- to his constituents, and to our nation. propositions. From East Berlin to East half of Chinese dissidents. While politics is JOHN PORTER has been a great asset to this Timor, the positive developments of the past well tuned to the powerful and the popular, body, having fought hard for the people of his seventeen years demonstrated again and Chairman Porter has stood by the underdogs, Congressional district and our nation. We all again just how wrong John’s critics were. supporting the rights of religious and ethnic wish JOHN good health and happiness in his Together with Katherine and their partners minorities throughout the world, including retirement. in this endeavor, Tom and Annette Lantos, the Armenians and the Ba’hais. While many Mr. LIPINSKI. Mr. Speaker, I rise this John has challenged all of us to season after in Congress have shunned the challenge of season of work on behalf of human rights confronting the violations by powerful allies evening to pay tribute to my friend and col- victims. He initiated briefings, speeches, let- such as Saudi Arabia, Chairman Porter league, Chairman JOHN PORTER. JOHN POR- ters, phone calls, prayer vigils, and even seems to embrace such opportunities. While TER is retiring from the U.S. House of Rep- fasts so that cause after cause was heard. He governments and their representatives tend resentatives after eleven impressive terms. Al- challenged us to remain dedicated to the to have relationships with other govern- though I am sure that JOHN will continue to be H10254 CONGRESSIONAL RECORD — HOUSE October 18, 2000 active on issues such as health care, the envi- (The following Members (at the re- Federal Employees Health Benefits (FEHB) ronment, and human rights, his presence will quest of Mr. MCNULTY) to revise and Program, to enable the Federal Government be missed by the House of Representatives extend their remarks and include ex- to enroll an employee and his or her family in the FEHB Program when a State court or- as a whole and by the Illinois delegation in traneous material:) ders the employee to provide health insur- particular. Mr. CLAY, for 5 minutes, today. ance coverage for a child of the employee but As Chairman of the Labor, Health and Mr. ETHERIDGE, for 5 minutes, today. the employee fails to provide the coverage, Human Services and Education Appropriations Mr. BACA, for 5 minutes, today. and for other purposes. Subcommittee, JOHN has been a tireless advo- Mr. TIERNEY, for 5 minutes, today. H.R. 2879. An act to provide for the place- cate of the Centers for Disease Control and Ms. SCHAKOWSKY, for 5 minutes, ment at the Lincoln Memorial of a plague the National Institutes of Health. In fact, JOHN today. commemorating the speech of Martin Luther King, Jr., known as the ‘‘I Have a Dream’’ has worked to increase funding for the Na- Mr. HINOJOSA, for 5 minutes, today. speech. tional Institutes of Health, with a goal of dou- Ms. CARSON, for 5 minutes, today. H.R. 2883. An act to amend the Immigra- bling spending from fiscal year 1997 to 2002. Ms. LEE, for 5 minutes, today. tion and Nationality Act to modify the pro- Because of JOHN's efforts, Congress is on Mrs. CHRISTENSEN, for 5 minutes, visions governing acquisition of citizenship track to meet this important goal. By increas- today. by children born outside of the United ing funding for biomedical research into effec- Mr. OWENS, for 5 minutes, today. States, and for other purposes. tive treatments and possible cures for diabe- Mr. GREEN of Texas, for 5 minutes, H.R. 2984. An act to direct the Secretary of tes, cancer, AIDS, and other life-threatening today. the Interior, through the Bureau of Reclama- tion, to convey to the Loup Basin Reclama- diseases, JOHN is helping to save lives. He is Mr. SHERMAN, for 5 minutes, today. tion District, the Sargant River Irrigation also helping to save our nation billions of dol- Mr. HOLT, for 5 minutes, today. District, and the Farwell Irrigation District, lars in health care costs. This is a proud leg- Ms. EDDIE BERNICE JOHNSON of Texas, Nebraska, property comprising the assets of acy to leave behind. for 5 minutes, today. the Middle Loup Division of the Missouri In addition, JOHN can be proud of his active Ms. NORTON, for 5 minutes, today. River Basin Project, Nebraska. involvement in protecting and promoting Mr. ENGEL, for 5 minutes, today. H.R. 3235. An act to improve academic and human rights around the world. JOHN is the (The following Members (at the re- social outcomes for youth and reduce both juvenile crime and the risk that youth will founder and co-chairman of the Congressional quest of Mr. DUNCAN) to revise and ex- become victims of crime by providing pro- Human Rights Caucus, a voluntary bipartisan tend their remarks and include extra- ductive activities conducted by law enforce- association of Members of Congress working neous material:) ment personnel during nonschool hours. to identify, monitor and end human rights vio- Mr. PAUL, for 5 minutes, today. H.R. 3236. An act to authorize the Sec- lations worldwide. I am proud to be one of the Mr. METCALF, for 5 minutes, today. retary of the Interior to enter into contracts 250 Members of Congress who participate in Mr. DUNCAN, for 5 minutes, today. with the Weber Basin Water Conservancy this important caucus. JOHN cares deeply (The following Members (at their own District, Utah, to use Weber Basin Project about the plight of the persecuted around the request) to revise and extend their re- facilities for the impounding, storage, and world and has regularly engaged in fasts and marks and include extraneous mate- carriage of nonproject water for domestic, municipal, industrial, and other beneficial prayer vigils to bring needed national attention rial:) purposes. to the issue of human rights. Although JOHN's Mr. MOLLOHAN, for 5 minutes, today. H.R. 3292. An act to provide for the estab- leadership and active participation will be Ms. WOOLSEY, for 5 minutes, today. lishment of the Cat Island National Wildlife sorely missed, the Congressional Human Ms. JACKSON-LEE of Texas, for 5 min- Refuge in West Feliciana Parish, Louisiana. Rights Caucus will continue JOHN's crusade to utes, today. H.R. 3468. An act to direct the Secretary of protect and promote human rights around the f the Interior to convey to certain water globe. Again, this a proud legacy to leave be- rights to Duchesne City, Utah. ENROLLED BILLS SIGNED H.R. 3577. An act to increase the amount hind. authorized to be appropriated for the north Finally, although JOHN and I do not always Mr. THOMAS, from the Committee side pumping division of the Minidoka rec- agree on all issues, I have always admired his on House Administration, reported lamation project, Idaho. conservative stance on fiscal issues. I also that that committee had examined and H.R. 3767. An act to amend the Immigra- consider myself a fiscal conservative and ad- found truly enrolled bills of the House tion and Nationality Act to make improve- mire JOHN's unwavering commitment to elimi- of the following titles, which were ments to, and permanently authorize, the nating deficits and balancing the federal budg- thereupon signed by the Speaker: visa waiver pilot program under section 217 of such Act. et. He should be proud that he is leaving Con- H.R. 34. An act to direct the Secretary of H.R. 3986. An act to provide for a study of gress in an era of balanced budgets and the Interior to make technical corrections to the engineering feasibility of a water ex- record budget surpluses. a map relating to the Coastal Barrier Re- change in lieu of electrification of the Chan- Again, although I am sure that JOHN will re- sources System. dler Pumping Plant at Prosser Diversion main active on issues like health care, the en- H.R. 208. An act to amend title 5, United Dam, Washington. States Code, to allow for the contributions of H.R. 3995. An act to establish procedures vironment, and human rights, he will be certain rollover distributions to accounts in missed here in the House of Representatives. governing the responsibilities of court-ap- the Thrift Savings Plan, to eliminate certain pointed receivers who administer depart- He has served his constituents and the nation waiting-period requirements for partici- ments, offices, and agencies of the District of well. I wish JOHN the best of luck in all of his pating in the Thrift Savings Plan, and for Columbia government. future endeavors. other purposes. H.R. 4002. An act to amend the Foreign As- f H.R. 707. An act to amend the Robert T. sistance Act of 1961 to revise and improve Stafford Disaster Relief and Emergency As- provisions relating to famine prevention and LEAVE OF ABSENCE sistance Act to authorize a program for freedom from hunger. By unanimous consent, leave of ab- predisaster mitigation, to streamline the ad- H.R. 4259. An act to require the Secretary sence was granted to: ministration of disaster relief, to control the of the Treasury to mint coins in commemo- Federal costs of disaster assistance, and for Mr. PASCRELL (at the request of Mr. ration of the National Museum of the Amer- other purposes. ican Indian of the Smithsonian Institution, GEPHARDT) for today on account of offi- H.R. 1654. An act to authorize appropria- and for other purposes. cial business. tions for the National Aeronautics and Space H.R. 4386. An act to amend title XIX of the Mr. STUPAK (at the request of Mr. Administration for fiscal years 2000, 2001, and Social Security Act to provide medical as- GEPHARDT) for today on account of per- 2002, and for other purposes. sistance for certain women screened and sonal reasons. H.R. 1715. An act to extend and reauthorize found to have breast or cervical cancer under Mr. HANSEN (at the request of Mr. the Defense Production Act of 1950. a federally funded screening program, to ARMEY) for today and the balance of H.R. 2389. An act to restore stability and amend the Public Health Service Act and the the week on account of wife’s surgery. predictability to the annual payments made Federal Food, Drug, and Cosmetic Act with to States and counties containing National respect to surveillance and information con- f Forest System lands and public domain cerning the relationship between cervical SPECIAL ORDERS GRANTED lands managed by the Bureau of Land Man- cancer and the human papillomavirus (HPV), agement for use by the counties for the ben- and for other purposes. By unanimous consent, permission to efit of pubic schools, roads, and other pur- H.R. 4389. An act to direct the Secretary of address the House, following the legis- poses. the Interior to convey certain water dis- lative program and any special orders H.R. 2842. An act to amend chapter 89 of tribution facilities to the Northern Colorado heretofore entered, was granted to: title 5, United States Code, concerning the Water Conservancy District. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10255 H.R. 4681. An act to provide for the adjust- Department on the Interior, transmitting Area; Modification of the Dimensions of the ment of status of certain Syrian nationals. the Department’s final rule—Amendments to Grand Canyon National Park Flight Rules H.R. 4828. An act to designate the Steens Gas Valuation Regulations for Indian Leases Area and Flight Free Zones—received Octo- Mountain Wilderness Area and the Steens (RIN: 1010–AC72) received October 16, 2000, ber 16, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); Mountain Cooperative Management and Pro- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to the Committee on Transportation and In- tection Area in Harney County, Oregon, and mittee on Resources. frastructure. for other purposes. 10616. A letter from the Deputy Assistant 10625. A letter from the Program Analyst, H.R. 5107. An act to make certain correc- Administrator for Fisheries, NMFS, National FAA, Department of Transportation, trans- tions in copyright law. Oceanic and Atmospheric Administration, mitting the Department’s final rule—Stand- H.R. 5417. An act to rename the Stewart B. transmitting the Administration’s final ard Instrument Approach Procedures; Mis- McKinney Homeless Assistance Act as the rule—Fisheries of the Northeastern United cellaneous Amendments [Docket No. 30205; ‘‘McKinney-Vento Homeless Assistance States; Dealer and Vessel Reporting Require- Amdt. No. 2013] received October, 16, 2000, Act’’. ments [Docket No. 991104295–0259–02; I.D. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Transportation and Infrastruc- f 100599D] (RIN: 0648–AM74) received October 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to ture. SENATE ENROLLED BILLS SIGNED the Committee on Resources. 10626. A letter from the Program Analyst, 10617. A letter from the Acting Director, FAA, Department of Transportation, trans- The SPEAKER announced his signa- Office of Sustainable Fisheries, NMFS, Na- mitting the Department’s final rule—Stand- ture to enrolled bills of the Senate of tional Oceanic and Atmospheric Administra- ard Instrument Approach Procedures; Mis- the following titles: tion, transmitting the Administration’s final cellaneous Amendments [Docket No. 30204; S. 624. An act to authorize construction of rule—Fisheries of the Northeastern United Amdt. No. 2012] received October 16, 2000, the Fort Peck Reservation Rural Water Sys- States; Atlantic Surf Clam and Ocean Qua- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tem in the State of Montana, and for other hog Fishery; Suspension of Minimum Surf mittee on Transportation and Infrastruc- purposes. Clam Size for 2001 [I.D. 100400C) received Oc- ture. 10627. A letter from the Program Analyst, S. 1809. An act to improve service systems tober 17, 2000, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- for individuals with developmental disabil- 801(a)(1)(A); to the Committee on Resources. mitting the Department’s final rule—Air- ities, and for other purposes. 10618. A letter from the Acting Director, worthiness Directives; General Electric Com- S. 2686. An act to amend chapter 36 of title Office of Sustainable Fisheries, NMFS, Na- tional Oceanic and Atmospheric Administra- pany CF6–50 Series Turbofan Engines [Dock- 39, United States Code, to modify rates relat- et No. 2000–NE–38–AD; Amendment 39–11913; ing to reduced rate mail matter, and for tion, transmitting the Administration’s final rule—Fisheries of the Northeastern United AD 2000–20–02] (RIN: 2120–AA64) received Oc- other purposes. tober 16, 2000, pursuant to 5 U.S.C. f States; Scup Fishery; Commercial Quota Harvested for Winter II Period [Docket No. 801(a)(1)(A); to the Committee on Transpor- 000119014–0137–02; I.D. 100400D] received Octo- tation and Infrastructure. ADJOURNMENT 10628. A letter from the Chief, Office of ber 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); Regulations and Administrative Law, USCG, Mrs. BIGGERT. Mr. Speaker, I move to the Committee on Resources. Department of Transportation, transmitting that the House do now adjourn. 10619. A letter from the Deputy Assistant the Department’s final rule—Drawbridge Op- The motion was agreed to; accord- Administrator for Fisheries, NMFS, National eration Regulations; CSX Railroad Bridge Oceanic Atmospheric Administration, trans- ingly (at 10 o’clock and 38 minutes (South Fork of the New River), Ft. Lauder- mitting the Administration’s final rule— p.m.), the House adjourned until to- dale, Broward County, FL [CGD07–00–092] re- Fisheries of the Caribbean, Gulf of Mexico, morrow, Thursday, October 19, 2000, at ceived October 16, 2000, pursuant to 5 U.S.C. and South Atlantic; Snapper-Grouper Fish- 10 a.m. 801(a)(1)(A); to the Committee on Transpor- ery of the South Atlantic; Special Manage- f tation and Infrastructure. ment Zones [Docket No. 000616183–0278–02; 10629. A letter from the Chief, Office of EXECUTIVE COMMUNICATIONS, I.D. 053000E] (RIN: 0648–AN35) received Octo- Regulations and Administrative Law, USCG, ber 17, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); ETC. Department of Transportation, transmitting to the Committee on Resources. the Department’s final rule—Drawbridge Op- Under clause 8 of rule XII, executive 10620. A letter from the Chief, Office of eration Regulations; Florida East Coast communications were taken from the Regulations and Administrative Law, USCG, Railway Bridge, across the Okeechobee Wa- Speaker’s table and referred as follows: Department of Transporation, transmitting terway, mile 7.4, at Stuart, Martin County, the Department’s final rule—Traffic Separa- 10611. A letter from the Multimedia Sys- FL [CGD07–00–097] October 16, 2000, pursuant tion Scheme: In the Approaches to Los Ange- to 5 U.S.C. 801(a)(1)(A); to the Committee on tems Manager, Communications and Infor- les—Long Beach, California [USCG–2000–7695] mation, Department of the Air Force, De- Transportation and Infrastructure. (RIN: 2115–AF99) received October 16, 2000, 10630. A letter from the Chief, Office of partment of Defense, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Regulations and Administrative Law, USCG, partment’s final rule—Visual Information mittee on Transportation and Infrastruc- Department of Transportation, transmitting Documentation Program (RIN: 0701–AA–63) ture. the Department’s final rule—Technical received October 17, 2000, pursuant to 5 10621. A letter from the Chief, Office of Amendments; Organizational Changes; Mis- U.S.C. 801(a)(1)(A); to the Committee on Regulations and Administrative Law, USCG, cellaneous Editorial Changes and Con- Armed Services. Department of Transporation, transmitting forming Amendments [USCG–2000–7790] re- 10612. A letter from the Secretary of De- the Department’s final rule—Safety Zone; ceived October 16, 2000, pursuant to 5 U.S.C. fense, transmitting a Technology Control Strategic Booming Exercise in the Cape May 801(a)(1)(A); to the Committee on Transpor- Assessment Plan pursuant to the National Harbor, Cape May, NJ [CGD05–00–047] (RIN: tation and Infrastructure. Defense Authorization Act for Fiscal Year 2115–AA97) received October 16, 2000, pursu- 10631. A letter from the Chief, Office of 2001; to the Committee on Armed Services. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Regulations and Administrative Law, USCG, 10613. A letter from the Director, Regula- on Transportation and Infrastructure. Department of Transportation, transmitting tions Policy and Management Staff, FDA, 10622. A letter from the Program Analyst, the Department’s final rule—Allowing Alter- Department of Health and Human Services, FAA, Department of Transportation, trans- natives to Incandescent Light in Private transmitting the Department’s final rule— mitting the Department’s final rule—Fees Aids to Navigation [USCG 2000–7466] (RIN: Regulations Requiring Manufacturers to As- for FAA Services for Certain Flights; Exten- 2115–AF98) received October 16, 2000, pursu- sess the Safety and Effectiveness of New sion of Comment Period [Docket No. FAA– ant to 5 U.S.C. 801(a)(1)(A); to the Committee Drugs and Biological Products in Pediatric 00–7018; Admt. No. 187–11] (RIN: 2120–AG17) on Transportation and Infrastructure. Patients; Technical Amendment [Docket No. received October 16, 2000, pursuant to 5 10632. A letter from the Chief, Office of 97N–0165] received October 17, 2000, pursuant U.S.C. 801(a)(1)(A); to the Committee on Regulations and Administrative Law, USCG, to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. Department of Transportation, transmitting Commerce. 10623. A letter from the Program Analyst, the Department’s final rule—Drawbridge Op- 10614. A letter from the Acting Director, FAA, Department of Transportation, trans- eration Regulations; Milford Haven, Virginia Fish and Wildlife Service, Department of the mitting the Department’s final rule—Service [CGD05–00–042] received October 16, 20000, Interior, transmitting the Department’s Difficulty Reports [Docket No. 28293; Amend- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- final rule—Endangered and Threatened Wild- ment No. 135–78] (RIN: 2120–AF71) received mittee on Transportation and Infrastruc- life and Plants; Final Determination of Crit- October 16, 2000, pursuant to 5 U.S.C. ture. ical Habitat for the San Diego Fairy Shrimp 801(a)(1)(A); to the Committee on Transpor- 10633. A letter from the Chief, Office of (Branchinecta sandiegoensis) (RIN: 1018– tation and Infrastructure. Regulations and Administrative Law, USCG, AF97) received October 17, 2000, pursuant to 5 10624. A letter from the Program Analyst, Department of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on Re- FAA, Department of Transportation, trans- the Department’s final rule—Safety Zone sources. mitting the Department’s final rule—Com- and Anchorage Regulations; Delaware Bay 10615. A letter from the Assistant Sec- mercial Air Tour Limitations in the Grand and River [CGD05–00–048] (RIN: 2115–AA98) re- retary for Land and Minerals Management, Canyon National Park Special Flight Rules ceived October 16, 2000, pursuant to 5 U.S.C. H10256 CONGRESSIONAL RECORD — HOUSE October 18, 2000 801(a)(1)(A); to the Committee on Transpor- poses (Rept. 106–991). Referred to the House ment officers; to the Committee on the Judi- tation and Infrastructure. Calendar. ciary. 10634. A letter from the Chief, Office of Mrs. MYRICK: Committee on Rules. House By Mr. HALL of Ohio (for himself, Mr. Regulations and Administrative Law, USCG, Resolution 640. Resolution providing for the BOEHLERT, Mr. RODRIGUEZ, Mr. HOB- Department of Transportation, transmitting consideration of motions to suspend the SON, Mr. BOYD, Mr. FRELINGHUYSEN, the Department’s final rule—Safety Zone: rules (Rept. 106–992). Referred to the House Ms. KAPTUR, Mr. GILMAN, Mrs. MEEK Thunderbird Air Show, Long Island Sound, Calendar. of Florida, Mr. TOWNS, and Mr. Governor Alfred E. SMITH/Sunken Meadow f MCGOVERN): State Park, Kings Park, NY [CGD01–00–224] H.R. 5490. A bill to amend title 10, United (RIN: 2115–AA97) received October 16, 2000, TIME LIMITATION OF REFERRED States Code, to provide for an Office of Air pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- BILL Force Research and enhance research func- mittee on Transportation and Infrastruc- tions of the Air Force, and for other pur- Pursuant to clause 5 of rule X the fol- poses; to the Committee on Armed Services. ture. lowing action was taken by the Speak- 10635. A letter from the Chief, Regulations By Mr. MARKEY (for himself, Mr. Unit, Internal Revenue Service, transmitting er: SPENCE, and Mr. NEAL of Massachu- the Service’s final rule—Low-Income Hous- H.R. 1552. Referral to the Committee on setts): ing Credit—received October 16, 2000, pursu- Resources extended for a period ending not H.R. 5491. A bill to suspend until June 30, ant to 5 U.S.C. 801(a)(1)(A); to the Committee later than October 20, 2000. 2003, the duty on certain R-core trans- on Ways and Means. f formers; to the Committee on Ways and 10636. A letter from the Chief, Regulations Means. Unit, Internal Revenue Service, transmitting PUBLIC BILLS AND RESOLUTIONS By Ms. MCKINNEY: H.R. 5492. A bill to require nationals of the the Service’s final rule—Preparer Due Dili- Under clause 2 of rule XII, public United States that employ individuals in a gence Requirements for Determining Earned bills and resolutions of the following foreign country to provide full transparency Income Credit Eligibility (RIN: 1545–AW74) titles were introduced and severally re- and disclosure in all their operations; to the received October 16, 2000, pursuant to 5 ferred, as follows: Committee on International Relations. U.S.C. 801(a)(1)(A); to the Committee on By Mr. RADANOVICH: Ways and Means. By Mr. WALSH: H.R. 5482. A bill making appropriations for H.R. 5493. A bill to improve the ability of f the Departments of Veterans Affairs and local communities to participate in Federal Housing and Urban Development, and for land management planning conducted by the REPORTS OF COMMITTEES ON Forest Service and agencies of the Depart- PUBLIC BILLS AND RESOLUTIONS sundry independent agencies, boards, com- missions, corporations, and offices for the ment of the Interior and to respond to the Under clause 2 of rule XIII, reports of fiscal year ending September 30, 2001, and for local impacts of the heavy public use of the committees were delivered to the Clerk other purposes; to the Committee on Appro- Federal lands administered by these agen- priations. cies; to the Committee on Resources, and in for printing and reference to the proper addition to the Committee on Agriculture, calendar, as follows: By Mr. PACKARD: H.R. 5483. A bill making appropriations en- for a period to be subsequently determined Mr. BLILEY: Committee on Commerce. ergy and water development for the fiscal by the Speaker, in each case for consider- H.R. 3250. A bill to amend the Public Health year ending September 30, 2001, and for other ation of such provisions as fall within the ju- Service Act to improve the health of minor- purposes; to the Committee on Appropria- risdiction of the committee concerned. ity individuals; with an amendment (Rept. tions. By Mr. RILEY (for himself and Mr. 106–986). Referred to the Committee of the By Mr. BILBRAY: EVERETT): Whole House on the State of the Union. H.R. 5484. A bill to amend the Internal Rev- H.R. 5494. A bill to ensure that certain property which was taken into trust by the Mr. SENSENBRENNER: Committee on enue Code of 1986 to impose a windfall profits United States for the benefit of the Poarch Science. H.R. 1552. A bill to authorize appro- tax on electricity sold in Orange and San Band of Creek Indians of Alabama to protect priations for fiscal year 2000 and fiscal year Diego Counties in California during the sum- such land from development shall not be 2001 for the Marine Research and related en- mer of 2000; to the Committee on Ways and used for gaming; to the Committee on Re- vironmental research and development pro- Means. sources. gram activities of the National Oceanic and By Mr. BARTON of Texas: By Mr. SIMPSON (for himself, Mr. Atmospheric Administration and the Na- H.R. 5485. A bill to temporarily exempt KIND, Mr. SHERWOOD, and Mr. PETER- tional Science Foundation, and for other from restrictions on carriage in coastwise SON of Minnesota): purposes; with an amendment (Rept. 106–987 trade the transport of petroleum and petro- H.R. 5495. A bill to amend the Agricultural Pt. 1). Ordered to be printed. leum products between ports designated by Mr. WALSH: Committee of Conference. Marketing Act of 1946 to enhance dairy mar- the President; to the Committee on Armed kets through dairy product mandatory re- Conference report on H.R. 4635. A bill mak- Services, and in addition to the Committee ing appropriations for the Departments of porting, and for other purposes; to the Com- on Transportation and Infrastructure, for a mittee on Agriculture. Veterans Affairs and Housing and Urban De- period to be subsequently determined by the velopment, and for sundry independent agen- By Mr. SOUDER: Speaker, in each case for consideration of H.R. 5496. A bill to amend the National cies, boards, commissions, corporations, and such provisions as fall within the jurisdic- Wildlife Refuge System Administration Act offices for the fiscal year ending September tion of the committee concerned. of 1966 to authorize the Secretary of the In- 30, 2001, and for other purposes (Rept. 106– By Mr. CRANE (for himself, Mr. NEAL terior to provide for maintenace and repair 988). Ordered to be printed. of Massachusetts, Mrs. JOHNSON of of buildings and properties located on lands Mr. LINDER: Committee on Rules. House Connecticut, Mr. MATSUI, Ms. DUNN, in the National Wildlife Refuge System by Resolution 637. Resolution providing for con- Mr. CARDIN, Mr. RAMSTAD, and Mr. lessees of such facilities, and for other pur- sideration of the joint resolution (H.J. Res. SAM JOHNSON of Texas): poses; to the Committee on Resources. 114) making further continuing appropria- H.R. 5486. A bill to amend the Internal Rev- By Mr. WELLER (for himself, Mr. tions for the fiscal year 2001, and for other enue Code of 1986 to include wireless tele- FOLEY, Mr. BECERRA, Mr. MATSUI, purposes (Rept. 106–989). Referred to the communications equipment in the definition Mr. RAMSTAD, Mr. ENGLISH, Mr. House Calendar. of qualified technological equipment for pur- ROGAN, Mr. SESSIONS, Mr. SENSEN- Ms. PRYCE of Ohio: Committee on Rules. poses of determining the depreciation treat- BRENNER, Mr. LEWIS of Georgia, Mr. House Resolution 638. Resolution waiving ment of such equipment; to the Committee COYNE, Mrs. MALONEY of New York, points of order against the conference report on Ways and Means. Mrs. JONES of Ohio, Mr. WAXMAN, Mr. to accompany the bill (H.R. 4635) making ap- By Mr. EHRLICH: CONDIT, and Mr. BERMAN): propriations for the Department of Veterans H.R. 5487. A bill to establish the W. John H.R. 5497. A bill to amend the Internal Rev- Affairs and Housing and Urban Development, Child Memorial Foreign Language Award to enue Code of 1986 to allow a credit against and for sundry independent agencies, boards, recognize foreign language proficiency by income tax for certain audio or video commissions, corporations, and offices for members of the Foreign Service who are em- postproduction equipment; to the Committee the fiscal year ending September 30, 2001, and ployees of the Department of Agriculture; to on Ways and Means. for other purposes (Rept. 106–990). Referred the Committee on International Relations. By Mr. EWING: to the House Calendar. By Mr. FRELINGHUYSEN (for himself H.R. 5498. A bill to permit landowners to Mr. GOSS: Committee on Rules. House and Mr. WELDON of Pennsylvania): assert otherwise available State law defenses Resolution 639. Resolution providing for con- H.R. 5488. A bill to strengthen the National against real property claims by Indian sideration of the bill (S. 2796) to provide for Defense Features program, and for other pur- tribes; to the Committee on Resources. the conservation and development of water poses; to the Committee on Transportation By Mr. YOUNG of Florida: and related resources, to authorize the Sec- and Infrastructure. H.J. Res. 114. A joint resolution making retary of the Army to construct various By Mr. GREEN of Texas: further continuing appropriations for the fis- projects for improvements to rivers and har- H.R. 5489. A bill to provide Capitol-flown cal year 2001, and for other purposes; to the bors of the United States, and for other pur- flags to the families of deceased law enforce- Committee on Appropriations. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10257

By Mr. HOEKSTRA (for himself, Mr. H.R. 5361: Mr. KENNEDY of Rhode Island. Sec. 108. Small project for snagging and FRANK of Massachusetts, Mr. COL- H.R. 5401: Mr. GREEN of Texas. sediment removal. LINS, and Mrs. MALONEY of New H.R. 5423: Mr. HINOJOSA, Mr. VITTER, and Sec. 109. Petaluma River, Petaluma, Cali- York): Mr. WALDEN of Oregon. fornia. H. Res. 641. A resolution expressing the H.R. 5475: Mr. NADLER. TITLE II—GENERAL PROVISIONS sense of the House of Representatives that H.R. 5479: Mr. STARK and Ms. WOOLSEY. Sec. 201. Cost sharing of certain flood dam- Federal Prison Industries, Inc., should imme- H. Con. Res. 321: Mr. RODRIGUEZ. age reduction projects. diately cease taking excess Federal com- H. Con. Res. 337: Mr. PASCRELL, Ms. CAR- Sec. 202. Harbor cost sharing. SON, Mr. GEORGE MILLER of California, Mr. puter equipment and selling such computer Sec. 203. Nonprofit entities. GEJDENSON, Ms. RIVERS, and Mr. equipment and other excess Federal property Sec. 204. Rehabilitation of Federal flood LATOURETTE. in the commercial market; to the Committee control levees. H. Con. Res. 421: Mr. TANNER, Mr. JENKINS, on the Judiciary. Sec. 205. Flood mitigation and riverine res- Mr. DUNCAN, Mr. GORDON, and Mr. FORD. By Ms. EDDIE BERNICE JOHNSON of toration program. H. Con. Res. 426: Mr. SIMPSON, Mr. OWENS, Texas (for herself, Mr. RANGEL, and Sec. 206. Tribal partnership program. Mr. FOLEY, Ms. DEGETTE, Mr. UDALL of Colo- Mrs. MALONEY of New York): Sec. 207. Native American reburial and rado, Mr. SCARBOROUGH, Mr. CAMP, Mr. H. Res. 642. A resolution to honor Drs. Eric transfer authority. YOUNG of Alaska, Mr. HALL of Texas, Mr. R. Kandel and Paul Greengard for being Sec. 208. Ability to pay. LAMPSON, Mr. CHAMBLISS, Mr. WAMP, Mr. awarded the Nobel Prize in Physiology or Sec. 209. Interagency and international sup- ADERHOLT, Mrs. MEEK of Florida, Mr. BOYD, Medicine for 2000, and for other purposes; to port authority. Mr. SCHAFFER, Mr. FILNER, Mr. BARCIA, Ms. the Committee on Commerce. Sec. 210. Property protection program. BROWN of Florida, Mr. TOWNS, Mr. PALLONE, f Sec. 211. Engineering consulting services. Mr. REYNOLDS, Mrs. MYRICK, Mr. MCGOVERN, Sec. 212. Beach recreation. ADDITIONAL SPONSORS Mr. DICKS, Mr. WELDON of Florida, Mrs. Sec. 213. Performance of specialized or tech- NORTHUP, Ms. PRYCE of Ohio, Mr. SOUDER, Under clause 7 of rule XII, sponsors nical services. Mr. BROWN of Ohio, Mr. BAKER, Mr. KLECZKA, Sec. 214. Design-build contracting. were added to public bills and resolu- Mr. TIERNEY, Mr. PORTER, Mr. LARGENT, and Sec. 215. Independent review pilot program. tions as follows: Mr. KASICH. Sec. 216. Enhanced public participation. H.R. 995: Mr. COX. H. Res. 146: Ms. BALDWIN. Sec. 217. Monitoring. H.R. 1020: Mr. MURTHA and Mr. H. Res. 203: Mr. PICKERING. Sec. 218. Reconnaissance studies. LATOURETTE. H. Res. 631: Mr. GREENWOOD, Mr. KENNEDY Sec. 219. Fish and wildlife mitigation. H.R. 1396: Mr. BLAGOJEVICH and Mr. of Rhode Island, and Mrs. MCCARTHY of New Sec. 220. Wetlands mitigation. York. MCNULTY. Sec. 221. Credit toward non-Federal share of H.R. 1515: Mr. COYNE. H. Res. 635: Mrs. CAPPS, Mr. PETERSON of navigation projects. H.R. 1890: Mr. ANDREWS. Minnesota, Mr. MINGE, Mr. GEORGE MILLER Sec. 222. Maximum program expenditures H.R. 2635: Mr. PALLONE. of California, Mrs. TAUSCHER, Mr. ORTIZ, Mr. for small flood control projects. H.R. 2720: Mr. STRICKLAND. SISISKY, Ms. WATERS, Ms. PELOSI, Mr. ENGEL, Sec. 223. Feasibility studies and planning, H.R. 3003: Mr. MCINTYRE. Mr. WEINER, Mr. BURTON of Indiana, Mr. engineering, and design. H.R. 3052: Mr. COX. DUNCAN, Mr. FRANKS of New Jersey, Mr. Sec. 224. Administrative costs of land con- H.R. 3202: Mr. ANDREWS. HOUGHTON, Mr. LEWIS of Kentucky, Mr. HALL veyances. H.R. 3218: Mr. EHLERS. of Ohio, Mr. PAYNE, Mr. SCOTT, Mr. SKELTON, Sec. 225. Dam safety. H.R. 3463: Mr. ANDREWS. Mr. ANDREWS, Mr. STARK, Mr. LEWIS of Geor- H.R. 3590: Mr. HEFLEY. gia, Mr. FRANK of Massachusetts, Mr. TITLE III—PROJECT-RELATED H.R. 3766: Mr. GUTKNECHT. BALLENGER, Mr. EWING, Mr. WAMP, Mr. CON- PROVISIONS H.R. 4042: Mr. PALLONE. YERS, Mr. OWENS, Mr. BACA, Mr. PICKETT, Mr. Sec. 301. Nogales Wash and Tributaries, H.R. 4127: Mr. COX. LUTHER, Mrs. MALONEY of New York, Ms. Nogales, Arizona. H.R. 4272: Mr. KNOLLENBERG, Ms. BALDWIN, LEE, Mr. SHUSTER, Mr. MARTINEZ, Mr. WATT Sec. 302. John Paul Hammerschmidt Visitor and Mrs. THURMAN. of North Carolina, Mr. BACHUS, Mr. THOMP- Center, Fort Smith, Arkansas. H.R. 4273: Mr. KNOLLENBERG, Ms. BALDWIN, SON of Mississippi, Mr. GILLMOR, Mrs. Sec. 303. Greers Ferry Lake, Arkansas. and Mrs. THURMAN. NAPOLITANO, Mr. NEAL of Massachusetts, Mr. Sec. 304. Ten- and Fifteen-Mile Bayous, Ar- H.R. 4277: Mrs. CAPPS and Mr. GEKAS. DICKEY, Ms. BALDWIN, Mr. BALDACCI, Mr. kansas. H.R. 4412: Ms. CARSON and Ms. WATERS. CONDIT, Ms. EDDIE BERNICE JOHNSON of Sec. 305. Cache Creek basin, California. H.R. 4467: Mr. GOODLATTE. Texas, Mr. TOOMEY, Mr. CLEMENT, Ms. JACK- Sec. 306. Larkspur Ferry Channel, Larkspur, H.R. 4471: Mr. PASTOR. SON-LEE of Texas, and Mr. TAYLOR of Mis- California. H.R. 4543: Mr. DINGELL, Mr. DEMINT, and sissippi. Sec. 307. Norco Bluffs, Riverside County, Mrs. TAUSCHER. f California. H.R. 4547: Mr. GOODLATTE. Sec. 308. Sacramento deep water ship chan- H.R. 4698: Mr. COX. AMENDMENTS nel, California. H.R. 4723: Mr. DEMINT. Under clause 8 of rule XVIII, pro- Sec. 309. Sacramento River, Glenn-Colusa, H.R. 4728: Mr. EVANS and Mr. HALL of California. Texas. posed amendments were submitted as Sec. 310. Upper Guadalupe River, California. H.R. 4740: Mr. BOEHLERT, Mr. WU, and Mr. follows: Sec. 311. Brevard County, Florida. HOEFFEL. S. 2796 Sec. 312. Fernandina Harbor, Florida. H.R. 4773: Mr. KENNEDY of Rhode Island. OFFERED BY: MR. SHUSTER Sec. 313. Tampa Harbor, Florida. H.R. 4825: Mr. SANDERS, Mr. ACKERMAN, Mr. Sec. 314. East Saint Louis and vicinity, Illi- (Amendment in the Nature of a Substitute) ANDREWS, and Mr. BOUCHER. nois. H.R. 4887: Ms. VELAZQUEZ, Ms. CARSON and AMENDMENT NO. 2: Strike all after the en- Sec. 315. Kaskaskia River, Kaskaskia, Illi- Mr. PAYNE. acting clause and insert the following: nois. H.R. 4971: Mr. WOLF, Mr. WEXLER, and Mrs. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 316. Waukegan Harbor, Illinois. FOWLER. (a) SHORT TITLE.—This Act may be cited as Sec. 317. Cumberland, Kentucky. H.R. 4976: Mr. NUSSLE, Ms. BROWN of Flor- the ‘‘Water Resources Development Act of Sec. 318. Lock and Dam 10, Kentucky River, ida, Mrs. MCCARTHY of New York, Mr. FOLEY, 2000’’. Kentucky. Mr. TALENT, Mr. BRYANT, Mr. KINGSTON, and (b) TABLE OF CONTENTS.— Sec. 319. Saint Joseph River, South Bend, Mr. PASTOR. Indiana. Sec. 1. Short title; table of contents. H.R. 5079: Mr. MINGE. Sec. 320. Mayfield Creek and tributaries, Sec. 2. Definition of Secretary. H.R. 5080: Mrs. LOWEY. Kentucky. H.R. 5090: Mr. COX. TITLE I—WATER RESOURCES PROJECTS Sec. 321. Amite River and tributaries, East H.R. 5091: Mr. NORWOOD. Sec. 101. Project authorization. Baton Rouge Parish, Louisiana. H.R. 5095: Mr. BLUMENAUER. Sec. 102. Small projects for flood damage re- Sec. 322. Atchafalaya Basin Floodway Sys- H.R. 5137: Mr. KUCINICH, Ms. CARSON, and duction. tem, Louisiana. Mr. BLUMENAUER. Sec. 103. Small project for bank stabiliza- Sec. 323. Atchafalaya River, Bayous Chene, H.R. 5247: Mr. WEYGAND. tion. Boeuf, and Black Louisiana. H.R. 5265: Mr. MCCRERY and Mr. SCAR- Sec. 104. Small projects for navigation. Sec. 324. Red River Waterway, Louisiana. BOROUGH. Sec. 105. Small project for improvement of Sec. 325. Thomaston Harbor, Georges River, H.R. 5344: Mr. COX. the quality of the environment. Maine. H.R. 5349: Mr. BURR of North Carolina, Mr. Sec. 106. Small projects for aquatic eco- Sec. 326. Breckenridge, Minnesota. FRELINGHUYSEN, Mr. GOODE, Mr. LOBIONDO, system restoration. Sec. 327. Duluth Harbor, Minnesota. Mr. MCINNIS, Mr. MCKEON, Mr. MILLER of Sec. 107. Small project for shoreline protec- Sec. 328. Little Falls, Minnesota. Florida, Mr. STEARNS, and Mr. TIAHRT. tion. Sec. 329. Poplar Island, Maryland. H10258 CONGRESSIONAL RECORD — HOUSE October 18, 2000 Sec. 330. Green Brook Sub-Basin, Raritan Sec. 431. Steubenviille, Ohio. Sec. 549. Skinner Butte Park, Eugene, Or- River basin, New Jersey. Sec. 432. Grand Lake, Oklahoma. egon. Sec. 331. New York Harbor and adjacent Sec. 433. Columbia Slough, Oregon. Sec. 550. Willamette River basin, Oregon. channels, Port Jersey, New Jer- Sec. 434. Reedy River, Greenville, South Sec. 551. Lackawanna River, Pennsylvania. sey. Carolina. Sec. 552. Philadelphia, Pennsylvania. Sec. 332. Passaic River basin flood manage- Sec. 435. Germantown, Tennessee. Sec. 553. Access improvements, Raystown ment, New Jersey. Sec. 436. Houston ship channel, Galveston, Lake, Pennsylvania. Sec. 333. Times Beach nature preserve, Buf- Texas. Sec. 554. Upper Susquehanna River basin, falo, New York. Sec. 437. Park City, Utah. Pennsylvania and New York. Sec. 334. Garrison Dam, North Dakota. Sec. 438. Milwaukee, Wisconsin. Sec. 555. Chickamauga Lock, Chattanooga, Sec. 335. Duck Creek, Ohio. Sec. 439. Upper Des Plaines River and tribu- Tennessee. Sec. 336. Astoria, Columbia River, Oregon. taries, Illinois and Wisconsin. Sec. 556. Joe Pool Lake, Texas. Sec. 337. Nonconnah Creek, Tennessee and Sec. 440. Delaware River watershed. Sec. 557. Benson Beach, Fort Canby State Mississippi. TITLE V—MISCELLANEOUS PROVISIONS Park, Washington. Sec. 338. Bowie County levee, Texas. Sec. 501. Bridgeport, Alabama. Sec. 558. Puget Sound and adjacent waters Sec. 339. San Antonio Channel, San Antonio, Sec. 502. Duck River, Cullman, Alabama. restoration, Washington. Texas. Sec. 503. Seward, Alaska. Sec. 559. Shoalwater Bay Indian Tribe, Sec. 340. Buchanan and Dickenson Counties, Sec. 504. Augusta and Devalls Bluff, Arkan- Willapa Bay, Washington. Virginia. sas. Sec. 560. Wynoochee Lake, Wynoochee Sec. 341. Buchanan, Dickenson, and Russell Sec. 505. Beaver Lake, Arkansas. River, Washington. Counties, Virginia. Sec. 506. McClellan-Kerr Arkansas River Sec. 561. Snohomish River, Washington. Sec. 342. Sandbridge Beach, Virginia Beach, navigation system, Arkansas Sec. 562. Bluestone, West Virginia. Virginia. and Oklahoma. Sec. 563. Lesage/Greenbottom Swamp, West Sec. 343. Wallops Island, Virginia. Sec. 507. Calfed Bay Delta program assist- Virginia. Sec. 344. Columbia River, Washington. ance, California. Sec. 564. Tug Fork River, West Virginia. Sec. 345. Mount St. Helens sediment control, Sec. 508. Clear Lake basin, California. Sec. 565. Virginia Point Riverfront Park, Washington. Sec. 509. Contra Costa Canal, Oakley and West Virginia. Sec. 346. Renton, Washington. Knightsen, California. Sec. 566. Southern West Virginia. Sec. 567. Fox River system, Wisconsin. Sec. 347. Greenbrier Basin, West Virginia. Sec. 510. Huntington Beach, California. Sec. 568. Surfside/Sunset and Newport Sec. 348. Lower Mud River, Milton, West Sec. 511. Mallard Slough, Pittsburg, Cali- Beach, California. Virginia. fornia. Sec. 569. Illinois River basin restoration. Sec. 349. Water quality projects. Sec. 512. Penn Mine, Calaveras County, Cali- Sec. 570. Great Lakes. Sec. 350. Project reauthorizations. fornia. Sec. 513. Port of San Francisco, California. Sec. 571. Great Lakes remedial action plans Sec. 351. Continuation of project authoriza- and sediment remediation. tions. Sec. 514. San Gabriel basin, California. Sec. 515. Stockton, California. Sec. 572. Great Lakes dredging levels adjust- Sec. 352. Declaration of nonnavigability for ment. Lake Erie, New York. Sec. 516. Port Everglades, Florida. Sec. 517. Florida Keys water quality im- Sec. 573. Dredged material recyling. Sec. 353. Project deauthorizations. Sec. 574. Watershed management, restora- Sec. 354. Wyoming Valley, Pennsylvania. provements. Sec. 518. Ballard’s Island, La Salle County, tion, and development. Sec. 355. Rehoboth Beach and Dewey Beach, Sec. 575. Maintenance of navigation chan- Delaware. Illinois. Sec. 519. Lake Michigan Diversion, Illinois. nels. TITLE IV—STUDIES Sec. 520. Koontz Lake, Indiana. Sec. 576. Support of Army civil works pro- Sec. 401. Studies of completed projects. Sec. 521. Campbellsville Lake, Kentucky. gram. Sec. 402. Watershed and river basin assess- Sec. 522. West View Shores, Cecil County, Sec. 577. National recreation reservation ments. Maryland. service. Sec. 403. Lower Mississippi River resource Sec. 523. Conservation of fish and wildlife, Sec. 578. Hydrographic survey. assessment. Chesapeake Bay, Maryland and Sec. 579. Lakes program. Sec. 404. Upper Mississippi River basin sedi- Virginia. Sec. 580. Perchlorate. ment and nutrient study. Sec. 524. Muddy River, Brookline and Bos- Sec. 581. Abandoned and inactive noncoal Sec. 405. Upper Mississippi River com- ton, Massachusetts. mine restoration. prehensive plan. Sec. 525. Soo Locks, Sault Ste. Marie, Sec. 582. Release of use restriction. Sec. 406. Ohio River System. Michigan. Sec. 583. Comprehensive environmental re- Sec. 407. Eastern Arkansas. Sec. 526. Duluth, Minnesota, alternative sources protection. Sec. 408. Russell, Arkansas. technology project. Sec. 584. Modification of authorizations for Sec. 409. Estudillo Canal, San Leandro, Cali- Sec. 527. Minneapolis, Minnesota. environmental projects. fornia. Sec. 528. St. Louis County, Minnesota. Sec. 585. Land transfers. Sec. 586. Bruce F. Vento Unit of the Bound- Sec. 410. Laguna Creek, Fremont, Cali- Sec. 529. Wild Rice River, Minnesota. ary Waters Canoe Area Wilder- fornia. Sec. 530. Coastal Mississippi wetlands res- ness, Minnesota. Sec. 411. Lake Merritt, Oakland, California. toration projects. Sec. 587. Waurika Lake, Oklahoma. Sec. 412. Lancaster, California. Sec. 531. Missouri River Valley improve- Sec. 588. Columbia River Treaty fishing ac- Sec. 413. Napa County, California. ments. cess. Sec. 414. Oceanside, California. Sec. 532. New Madrid County, Missouri. Sec. 589. Devils Lake, North Dakota. Sec. 415. Suisun Marsh, California. Sec. 533. Pemiscot County, Missouri. Sec. 534. Las Vegas, Nevada. Sec. 416. Lake Allatoona Watershed, Geor- TITLE VI—COMPREHENSIVE Sec. 535. Newark, New Jersey. gia. EVERGLADES RESTORATION Sec. 536. Urbanized peak flood management Sec. 417. Chicago River, Chicago, Illinois. Sec. 601. Comprehensive Everglades restora- research, New Jersey. tion plan. Sec. 418. Chicago sanitary and ship canal Sec. 537. Black Rock Canal, Buffalo, New Sec. 602. Sense of Congress concerning system, Chicago, Illinois. York. Homestead Air Force Base. Sec. 419. Long Lake, Indiana. Sec. 538. Hamburg, New York. Sec. 420. Brush and Rock Creeks, Mission Sec. 539. Nepperhan River, Yonkers, New TITLE VIII—MISSOURI RIVER Hills and Fairway, Kansas. York. RESTORATION Sec. 421. Coastal areas of Louisiana. Sec. 540. Rochester, New York. Sec. 701. Definitions. Sec. 422. Iberia Port, Louisiana. Sec. 541. Upper Mohawk River basin, New Sec. 702. Missouri River Trust. Sec. 423. Lake Pontchartrain seawall, Lou- York. Sec. 703. Missouri River Task Force. isiana. Sec. 542. Eastern North Carolina flood pro- Sec. 704. Administration. Sec. 424. Lower Atchafalaya basin, Lou- tection. Sec. 705. Authorization of appropriations. isiana. Sec. 543. Cuyahoga River, Ohio. SEC. 2. DEFINITION OF SECRETARY. Sec. 425. St. John the Baptist Parish, Lou- Sec. 544. Crowder Point, Crowder, Okla- In this Act, the term ‘‘Secretary’’ means isiana. homa. the Secretary of the Army. Sec. 426. Las Vegas Valley, Nevada. Sec. 545. Oklahoma-tribal commission. Sec. 427. Southwest Valley, Albuquerque, Sec. 546. Columbia River, Oregon and Wash- TITLE I—WATER RESOURCES PROJECTS New Mexico. ington. SEC. 101. PROJECT AUTHORIZATION. Sec. 428. Buffalo Harbor, Buffalo, New York. Sec. 547. John Day Pool, Oregon and Wash- (a) PROJECTS WITH CHIEF’S REPORTS.—The Sec. 429. Hudson River, Manhattan, New ington. following projects for water resources devel- York. Sec. 548. Lower Columbia River and opment and conservation and other purposes Sec. 430. Jamesville Reservoir, Onondaga Tillamook Bay estuary pro- are authorized to be carried out by the Sec- County, New York. gram, Oregon and Washington. retary substantially in accordance with the October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10259 plans, and subject to the conditions, de- Federal cost of $9,200,000 and an estimated $3,392,000 and an estimated non-Federal cost scribed in the respective reports designated non-Federal cost of $9,100,000. of $1,827,000. in this subsection: (8) UPPER NEWPORT BAY, CALIFORNIA.—The (21) RARITAN BAY AND SANDY HOOK BAY, (1) BARNEGAT INLET TO LITTLE EGG INLET, project for ecosystem restoration, Upper PORT MONMOUTH, NEW JERSEY.—The project NEW JERSEY.—The project for hurricane and Newport Bay, California, at a total cost of for hurricane and storm damage reduction, storm damage reduction, Barnegat Inlet to $32,475,000, with an estimated Federal cost of Raritan Bay and Sandy Hook Bay, Port Mon- Little Egg Inlet, New Jersey: Report of the $21,109,000 and an estimated non-Federal cost mouth, New Jersey, at a total cost of Chief of Engineers dated July 26, 2000, at a of $11,366,000. $32,064,000, with an estimated Federal cost of total cost of $51,203,000, with an estimated (9) WHITEWATER RIVER BASIN, CALIFORNIA.— $20,842,000 and an estimated non-Federal cost Federal cost of $33,282,000 and an estimated The project for flood damage reduction, of $11,222,000. non-Federal cost of $17,921,000. Whitewater River basin, California, at a (22) DARE COUNTY BEACHES, NORTH CARO- (2) PORT OF NEW YORK AND NEW JERSEY, NEW total cost of $27,570,000, with an estimated LINA.—The project for hurricane and storm YORK AND NEW JERSEY.— Federal cost of $17,920,000 and an estimated damage reduction, Dare County beaches, (A) IN GENERAL.—The project for naviga- non-Federal cost of $9,650,000. North Carolina, at a total cost of $69,518,000, tion, Port of New York and New Jersey, New (10) DELAWARE COAST FROM CAPE HENLOPEN with an estimated Federal cost of $49,846,000 York and New Jersey: Report of the Chief of TO FENWICK ISLAND.—The project for hurri- and an estimated non-Federal cost of Engineers dated May 2, 2000, at a total cost cane and storm damage reduction, Delaware $19,672,000. of $1,781,235,000, with an estimated Federal Coast from Cape Henlopen to Fenwick Is- (23) WOLF RIVER, TENNESSEE.—The project cost of $738,631,000 and an estimated non-Fed- land, at a total cost of $5,633,000, with an es- for ecosystem restoration, Wolf River, Ten- eral cost of $1,042,604,000. timated Federal cost of $3,661,000 and an esti- nessee, at a total cost of $10,933,000, with an (B) CREDIT.—The Secretary may provide mated non-Federal cost of $1,972,000. estimated Federal cost of $7,106,000 and an the non-Federal interests credit toward cash (11) PORT SUTTON, FLORIDA.—The project estimated non-Federal cost of $3,827,000. contributions required— for navigation, Port Sutton, Florida, at a (24) DUWAMISH/GREEN, WASHINGTON.—The (i) before, during, and after construction total cost of $6,000,000, with an estimated project for ecosystem restoration, for planning, engineering and design, and Federal cost of $4,000,000 and an estimated Duwamish/Green, Washington, at a total construction management work that is per- non-Federal cost of $2,000,000. cost of $115,879,000, with an estimated Fed- formed by the non-Federal interests and that (12) BARBERS POINT HARBOR, HAWAII.—The eral cost of $75,322,000 and an estimated non- the Secretary determines is necessary to im- project for navigation, Barbers Point Harbor, Federal cost of $40,557,000. plement the project; and Hawaii, at a total cost of $30,003,000, with an (25) STILLAGUMAISH RIVER BASIN, WASH- (ii) during and after construction for the estimated Federal cost of $18,524,000 and an INGTON.—The project for ecosystem restora- costs of the construction that the non-Fed- estimated non-Federal cost of $11,479,000. tion, Stillagumaish River basin, Washington, eral interests carry out on behalf of the Sec- (13) JOHN MYERS LOCK AND DAM, INDIANA at a total cost of $24,223,000, with an esti- retary and that the Secretary determines is AND KENTUCKY.—The project for navigation, mated Federal cost of $16,097,000 and an esti- necessary to implement the project. John Myers Lock and Dam, Indiana and Ken- mated non-Federal cost of $8,126,000. tucky, at a total cost of $182,000,000. The (26) JACKSON HOLE, WYOMING.—The project (b) PROJECTS SUBJECT TO FINAL REPORT.— costs of construction of the project shall be The following projects for water resources for ecosystem restoration, Jackson Hole, paid 1⁄2 from amounts appropriated from the Wyoming, at a total cost of $52,242,000, with development and conservation and other pur- general fund of the Treasury and 1⁄2 from an estimated Federal cost of $33,957,000 and poses are authorized to be carried out by the amounts appropriated from the Inland Wa- an estimated non-Federal cost of $18,285,000. Secretary substantially in accordance with terways Trust Fund. the plans, and subject the conditions, rec- (14) GREENUP LOCK AND DAM, KENTUCKY AND SEC. 102. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION. ommended in a final report of the Chief of OHIO.—The project for navigation, Greenup Engineers if a favorable report of the Chief is Lock and Dam, Kentucky and Ohio, at a (a) IN GENERAL.—The Secretary shall con- completed not later than December 31, 2000: total cost of $175,000,000. The costs of con- duct a study for each of the following (1) FALSE PASS HARBOR, ALASKA.—The struction of the project shall be paid 1⁄2 from projects and, if the Secretary determines project for navigation, False Pass Harbor, amounts appropriated from the general fund that a project is feasible, may carry out the Alaska, at a total cost of $15,164,000, with an of the Treasury and 1⁄2 from amounts appro- project under section 205 of the Flood Con- estimated Federal cost of $8,238,000 and an priated from the Inland Waterways Trust trol Act of 1948 (33 U.S.C. 701s): estimated non-Federal cost of $6,926,000. Fund. (1) BUFFALO ISLAND, ARKANSAS.—Project (2) UNALASKA HARBOR, ALASKA.—The (15) OHIO RIVER MAINSTEM, KENTUCKY, ILLI- for flood damage reduction, Buffalo Island, project for navigation, Unalska Harbor, NOIS, INDIANA, OHIO, PENNSYLVANIA, AND WEST Arkansas. Alaska, at a total cost of $20,000,000, with an VIRGINIA.—Projects for ecosystem restora- (2) ANAVERDE CREEK, PALMDALE, CALI- estimated Federal cost of $12,000,000 and an tion, Ohio River Mainstem, Kentucky, Illi- FORNIA.—Project for flood damage reduction, estimated non-Federal cost of $8,000,000. nois, Indiana, Ohio, Pennsylvania, and West Anaverde Creek, Palmdale, California. (3) RIO DE FLAG, FLAGSTAFF, ARIZONA.—The Virginia, at a total cost of $307,700,000, with (3) CASTAIC CREEK, OLD ROAD BRIDGE, SANTA project for flood damage reduction, Rio de an estimated Federal cost of $200,000,000 and CLARITA, CALIFORNIA.—Project for flood dam- Flag, Flagstaff, Arizona, at a total cost of an estimated non-Federal cost of $107,700,000. age reduction, Castaic Creek, Old Road $24,072,000, with an estimated Federal cost of (16) MONARCH-CHESTERFIELD, MISSOURI.— bridge, Santa Clarita, California. $15,576,000 and an estimated non-Federal cost The project for flood damage reduction, (4) SANTA CLARA RIVER, OLD ROAD BRIDGE, of $8,496,000. Monarch-Chesterfield, Missouri, at a total SANTA CLARITA, CALIFORNIA.—Project for (4) TRES RIOS, ARIZONA.—The project eco- cost of $67,700,000, with an estimated Federal flood damage reduction, Santa Clara River, system restoration, Tres Rios, Arizona, at a cost of $44,000,000 and an estimated non-Fed- Old Road bridge, Santa Clarita, California. total cost of $99,320,000, with an estimated eral cost of $23,700,000. (5) COLUMBIA LEVEE, COLUMBIA, ILLINOIS.— Federal cost of $62,755,000 and an estimated (17) ANTELOPE CREEK, LINCOLN, NEBRASKA.— Project for flood damage reduction, Colum- non-Federal cost of $36,565,000. The project for flood damage reduction, An- bia Levee, Columbia, Illinois. (5) LOS ANGELES HARBOR, CALIFORNIA.—The telope Creek, Lincoln, Nebraska, at a total (6) EAST-WEST CREEK, RIVERTON, ILLINOIS.— project for navigation, Los Angeles Harbor, cost of $49,788,000, with an estimated Federal Project for flood damage reduction, East- California, at a total cost of $153,313,000, with cost of $24,894,000 and an estimated non-Fed- West Creek, Riverton, Illinois. an estimated Federal cost of $43,735,000 and eral cost of $24,894,000. (7) PRAIRIE DU PONT, ILLINOIS.—Project for an estimated non-Federal cost of $109,578,000. (18) SAND CREEK WATERSHED, WAHOO, NE- flood damage reduction, Prairie Du Pont, Il- (6) MURRIETTA CREEK, CALIFORNIA.—The BRASKA.—The project for ecosystem restora- linois. project for flood damage reduction and eco- tion and flood damage reduction, Sand Creek (8) MONROE COUNTY, ILLINOIS.—Project for system restoration, Murrietta Creek, Cali- watershed, Wahoo, Nebraska, at a total cost flood damage reduction, Monroe County, Illi- fornia, described as alternative 6, based on of $29,212,000, with an estimated Federal cost nois. the District Engineer’s Murrietta Creek fea- of $17,586,000 and an estimated non-Federal (9) WILLOW CREEK, MEREDOSIA, ILLINOIS.— sibility report and environmental impact cost of $11,626,000. Project for flood damage reduction, Willow statement dated October 2000, at a total cost (19) WESTERN SARPY AND CLEAR CREEK, NE- Creek, Meredosia, Illinois. of $89,850,000, with an estimated Federal cost BRASKA.—The project for flood damage re- (10) DYKES BRANCH CHANNEL, LEAWOOD, KAN- of $57,735,000 and an estimated non-Federal duction, Western Sarpy and Clear Creek, Ne- SAS.—Project for flood damage reduction, cost of $32,115,000. The locally preferred plan braska, at a total cost of $20,600,000, with an Dykes Branch channel improvements, described as alternative 6 shall be treated as estimated Federal cost of $13,390,000 and an Leawood, Kansas. a final favorable report of the Chief Engi- estimated non-Federal cost of $7,210,000. (11) DYKES BRANCH TRIBUTARIES, LEAWOOD, neer’s for purposes of this subsection. (20) RARITAN BAY AND SANDY HOOK BAY, KANSAS.—Project for flood damage reduction, (7) SANTA BARBARA STREAMS, LOWER MIS- CLIFFWOOD BEACH, NEW JERSEY.—The project Dykes Branch tributary improvements, SION CREEK, CALIFORNIA.—The project for for hurricane and storm damage reduction, Leawood, Kansas. flood damage reduction, Santa Barbara Raritan Bay and Sandy Hook Bay, Cliffwood (12) KENTUCKY RIVER, FRANKFORT, KEN- streams, Lower Mission Creek, California, at Beach, New Jersey, at a total cost of TUCKY.—Project for flood damage reduction, a total cost of $18,300,000, with an estimated $5,219,000, with an estimated Federal cost of Kentucky River, Frankfort, Kentucky. H10260 CONGRESSIONAL RECORD — HOUSE October 18, 2000

(13) LAKES MAUREPAS AND PONTCHARTRAIN SEC. 105. SMALL PROJECT FOR IMPROVEMENT SEC. 107. SMALL PROJECT FOR SHORELINE PRO- CANALS, ST. JOHN THE BAPTIST PARISH, LOU- OF THE QUALITY OF THE ENVIRON- TECTION. ISIANA.—Project for flood damage reduction, MENT. The Secretary shall conduct a study for a Lakes Maurepas and Pontchartrain Canals, The Secretary shall conduct a study for a project for shoreline protection, Hudson St. John the Baptist Parish, Louisiana. project for improvement of the quality of the River, Dutchess County, New York, and, if the Secretary determines that the project is (14) PENNSVILLE TOWNSHIP, SALEM COUNTY, environment, Nahant Marsh, Davenport, feasible, may carry out the project under NEW JERSEY.—The project for flood damage Iowa, and, if the Secretary determines that section 3 of the Act entitled ‘‘An Act author- reduction, Pennsville Township, Salem the project is appropriate, may carry out the izing Federal participation in the cost of pro- County, New Jersey. project under section 1135(a) of the Water Re- (15) HEMPSTEAD, NEW YORK.—Project for tecting the shores of publicly owned prop- sources Development Act of 1986 (33 U.S.C. erty’’, approved August 13, 1946 (33 U.S.C. flood damage reduction, Hempstead, New 2309a(a)). York. 426g; 60 Stat. 1056). (16) HIGHLAND BROOK, HIGHLAND FALLS, NEW SEC. 106. SMALL PROJECTS FOR AQUATIC ECO- SEC. 108. SMALL PROJECT FOR SNAGGING AND SEDIMENT REMOVAL. YORK.—Project for flood damage reduction, SYSTEM RESTORATION. Highland Brook, Highland Falls, New York. The Secretary shall conduct a study for a The Secretary shall conduct a study for project for clearing, snagging, and sediment (17) LAFAYETTE TOWNSHIP, OHIO.—Project each of the following projects and, if the Sec- for flood damage reduction, Lafayette Town- removal, Sangamon River and tributaries, retary determines that a project is appro- Riverton, Illinois. If the Secretary deter- ship, Ohio. priate, may carry out the project under sec- mines that the project is feasible, the Sec- (18) WEST LAFAYETTE, OHIO.—Project for tion 206 of the Water Resources Development retary may carry out the project under sec- flood damage reduction, West LaFayette, Act of 1996 (33 U.S.C. 2330): tion 2 of the Flood Control Act of August 28, Ohio. (1) ARKANSAS RIVER, PUEBLO, COLORADO.— 1937 (50 Stat. 177). (19) BEAR CREEK AND TRIBUTARIES, MED- Project for aquatic ecosystem restoration, SEC. 109. PETALUMA RIVER, PETALUMA, CALI- FORD, OREGON.—Project for flood damage re- Arkansas River, Pueblo, Colorado. FORNIA. duction, Bear Creek and tributaries, Med- (2) HAYDEN DIVERSION PROJECT, YAMPA (a) IN GENERAL.—The Secretary shall carry ford, Oregon. RIVER, COLORADO.—Project for aquatic eco- out the Petaluma River project, at the city (20) DELAWARE CANAL AND BROCK CREEK, system restoration, Hayden Diversion of Petaluma, Sonoma County, California, to YARDLEY BOROUGH, PENNSYLVANIA.—Project Project, Yampa River, Colorado. provide a 100-year level of flood protection to for flood damage reduction, Delaware Canal (3) LITTLE ECONLOCKHATCHEE RIVER BASIN, the city in accordance with the detailed and Brock Creek, Yardley Borough, Pennsyl- FLORIDA.—Project for aquatic ecosystem res- project report of the San Francisco District vania. toration, Little Econlockhatchee River Engineer, dated March 1995, at a total cost of (21) FIRST CREEK, FOUNTAIN CITY, KNOX- basin, Florida. $32,227,000. VILLE, TENNESSEE.—Project for flood damage (4) LOXAHATCHEE SLOUGH, PALM BEACH (b) COST SHARING.—Cost sharing for the reduction, First Creek, Fountain City, Knox- COUNTY, FLORIDA.—Project for aquatic eco- project shall be determined in accordance ville, Tennessee. system restoration, Loxahatchee Slough, with section 103(a) of the Water Resources (22) MISSISSIPPI RIVER, RIDGELY, TEN- Palm Beach County, Florida. Development Act of 1986 (33 U.S.C. 2213(a)), NESSEE.—Project for flood damage reduction, (5) STEVENSON CREEK ESTUARY, FLORIDA.— as in effect on October 11, 1996. Mississippi River, Ridgely, Tennessee. Project for aquatic ecosystem restoration, (c) REIMBURSEMENT.—The Secretary shall (b) MAGPIE CREEK, SACRAMENTO COUNTY, Stevenson Creek estuary, Florida. reimburse the non-Federal sponsor for any CALIFORNIA.—In formulating the project for (6) CHOUTEAU ISLAND, MADISON COUNTY, ILLI- project costs that the non-Federal sponsor Magpie Creek, California, authorized by sec- NOIS.—Project for aquatic ecosystem restora- has incurred in excess of the non-Federal tion 102(a)(4) of the Water Resources Devel- tion, Chouteau Island, Madison County, Illi- share of project costs, regardless of the date opment Act of 1999 (113 Stat. 281) to be car- nois. such costs were incurred. ried out under section 205 of the Flood Con- (7) SAGINAW BAY, BAY CITY, MICHIGAN.— TITLE II—GENERAL PROVISIONS trol Act of 1948 (33 U.S.C. 701s), the Secretary Project for aquatic ecosystem restoration, SEC. 201. COST SHARING OF CERTAIN FLOOD shall consider benefits from the full utiliza- Saginaw Bay, Bay City, Michigan. DAMAGE REDUCTION PROJECTS. tion of existing improvements at McClellan (8) RAINWATER BASIN, NEBRASKA.—Project Section 103 of the Water Resources Devel- Air Force Base that would result from the for aquatic ecosystem restoration, Rain- opment Act of 1986 (33 U.S.C. 2213) is amend- project after conversion of the base to civil- water Basin, Nebraska. ed by adding at the end the following: ian use. (9) CAZENOVIA LAKE, MADISON COUNTY, NEW ‘‘(n) LEVEL OF FLOOD PROTECTION.—If the SEC. 103. SMALL PROJECTS FOR BANK STA- YORK.—Project for aquatic ecosystem res- Secretary determines that it is technically BILIZATION. toration, Cazenovia Lake, Madison County, sound, environmentally acceptable, and eco- The Secretary shall conduct a study for New York, including efforts to address nomically justified, to construct a flood con- each of the following projects and, if the Sec- aquatic invasive plant species. trol project for an area using an alternative retary determines that a project is feasible, (10) CHENANGO LAKE, CHENANGO COUNTY, that will afford a level of flood protection may carry out the project under section 14 of NEW YORK.—Project for aquatic ecosystem sufficient for the area not to qualify as an the Flood Control Act of 1946 (33 U.S.C. 701r): restoration, Chenango Lake, Chenango Coun- area having special flood hazards for the pur- ty, New York, including efforts to address (1) MAUMEE RIVER, FORT WAYNE, INDIANA.— poses of the national flood insurance pro- Project for bank stabilization, Maumee aquatic invasive plant species. gram under the National Flood Insurance River, Fort Wayne, Indiana. (11) EAGLE LAKE, NEW YORK.—Project for Act of 1968 (42 U.S.C. 4001 et seq.), the Sec- aquatic ecosystem restoration, Eagle Lake, (2) BAYOU SORRELL, IBERVILLE PARISH, LOU- retary, at the request of the non-Federal in- New York. ISIANA.—Project for bank stabilization, terest, shall recommend the project using Bayou Sorrell, Iberville Parish, Louisiana. (12) OSSINING, NEW YORK.—Project for the alternative. The non-Federal share of the aquatic ecosystem restoration, Ossining, cost of the project assigned to providing the SEC. 104. SMALL PROJECTS FOR NAVIGATION. New York. minimum amount of flood protection re- The Secretary shall conduct a study for (13) SARATOGA LAKE, NEW YORK.—Project quired for the area not to qualify as an area each of the following projects and, if the Sec- for aquatic ecosystem restoration, Saratoga having special flood hazards shall be deter- retary determines that a project is feasible, Lake, New York. mined under subsections (a) and (b).’’. may carry out the project under section 107 (14) SCHROON LAKE, NEW YORK.—Project for SEC. 202. HARBOR COST SHARING. of the River and Harbor Act of 1960 (33 U.S.C. aquatic ecosystem restoration, Schroon (a) IN GENERAL.—Sections 101 and 214 of 577): Lake, New York. the Water Resources Development Act of (1) WHITTIER, ALASKA.—Project for naviga- (15) MIDDLE CUYAHOGA RIVER.—Project for 1986 (33 U.S.C. 2211 and 2241; 100 Stat. 4082– tion, Whittier, Alaska. aquatic ecosystem restoration, Middle Cuya- 4084 and 4108–4109) are each amended by (2) CAPE CORAL, FLORIDA.—Project for navi- hoga River, Kent, Ohio. striking ‘‘45 feet’’ each place it appears and gation, Cape Coral, Florida. (16) CENTRAL AMAZON CREEK, EUGENE, OR- inserting ‘‘53 feet’’. (3) EAST TWO LAKES, TOWER, MINNESOTA.— EGON.—Project for aquatic ecosystem res- (b) APPLICABILITY.—The amendments made Project for navigation, East Two Lakes, toration, Central Amazon Creek, Eugene, Or- by subsection (a) shall apply only to a Tower, Minnesota. egon. project, or separable element of a project, on (4) ERIE BASIN MARINA, BUFFALO, NEW (17) EUGENE MILLRACE, EUGENE, OREGON.— which a contract for physical construction YORK.—Project for navigation, Erie Basin Project for aquatic ecosystem restoration, has not been awarded before the date of en- marina, Buffalo, New York. Eugene Millrace, Eugene, Oregon. actment of this Act. (5) LAKE MICHIGAN, LAKESHORE STATE PARK, (18) LONE PINE AND LAZY CREEKS, MEDFORD, SEC. 203. NONPROFIT ENTITIES. MILWAUKEE, WISCONSIN.—Project for naviga- OREGON.—Project for aquatic ecosystem res- (a) ENVIRONMENTAL DREDGING.—Section 312 tion, Lake Michigan, Lakeshore State Park, toration, Lone Pine and Lazy Creeks, Med- of the Water Resources Development Act of Milwaukee, Wisconsin. ford, Oregon. 1990 (33 U.S.C. 1272) is amended by adding at (6) SAXON HARBOR, FRANCIS, WISCONSIN.— (19) TULLYTOWN BOROUGH, PENNSYLVANIA.— the end the following: Project for navigation, Saxon Harbor, Project for aquatic ecosystem restoration, ‘‘(g) NONPROFIT ENTITIES.—Notwith- Francis, Wisconsin. Tullytown Borough, Pennsylvania. standing section 221 of the Flood Control Act October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10261 of 1970 (42 U.S.C. 1962d–5b), a non-Federal tion for a fiscal year may be used to substan- vide information or evidence leading to the sponsor for any project carried out under tially benefit any one Indian tribe. arrest and prosecution of individuals causing this section may include a nonprofit entity, (e) INDIAN TRIBE DEFINED.—In this section, damage to Federal property, including the with the consent of the affected local govern- the term ‘‘Indian tribe’’ means any tribe, payment of cash rewards. ment.’’. band, nation, or other organized group or (b) REPORT.—Not later than 4 years after (b) PROJECT MODIFICATIONS FOR IMPROVE- community of Indians, including any Alaska the date of enactment of this Act, the Sec- MENT OF ENVIRONMENT.—Section 1135 of the Native village, which is recognized as eligi- retary shall transmit to Congress a report on Water Resources Development Act of 1986 (33 ble for the special programs and services pro- the results of the program. U.S.C. 2309a) is amended by redesignating vided by the United States to Indians be- (c) AUTHORIZATION OF APPROPRIATIONS.— subsection (e) as subsection (f) and by insert- cause of their status as Indians. There is authorized to be appropriated to carry out this section $500,000 per fiscal year ing after subsection (d) the following: SEC. 207. NATIVE AMERICAN REBURIAL AND for fiscal years beginning after September 30, ‘‘(e) NONPROFIT ENTITIES.—Notwith- TRANSFER AUTHORITY. 2000. standing section 221 of the Flood Control Act (a) IN GENERAL.—The Secretary, in con- of 1970 (42 U.S.C. 1962d–5b), a non-Federal sultation with appropriate Indian tribes, SEC. 211. ENGINEERING CONSULTING SERVICES. sponsor for any project carried out under may identify and set aside land at civil In conducting a feasibility study for a this section may include a nonprofit entity, works projects managed by the Secretary for water resources project, the Secretary, to with the consent of the affected local govern- use as a cemetery for the remains of Native the maximum extent practicable, should not employ a person for engineering and con- ment.’’. Americans that have been discovered on sulting services if the same person is also (c) LAKES PROGRAM.—Section 602 of the project lands and that have been rightfully employed by the non-Federal interest for Water Resources Development Act of 1986 claimed by a lineal descendant or Indian such services unless there is only 1 qualified (100 Stat. 4148–4149) is amended by redesig- tribe in accordance with applicable Federal and responsive bidder for such services. nating subsection (d) as subsection (e) and by law. The Secretary, in consultation with and SEC. 212. BEACH RECREATION. inserting after subsection (c) the following: with the consent of the lineal descendant or (a) IN GENERAL.—In studying the feasi- ‘‘(d) NONPROFIT ENTITIES.—Notwith- Indian tribe, may recover and rebury the re- bility of and making recommendations con- standing section 221 of the Flood Control Act mains at such cemetery at Federal expense. cerning potential beach restoration projects, of 1970 (42 U.S.C. 1962d–5b), a non-Federal (b) TRANSFER AUTHORITY.—Notwith- the Secretary may not implement any policy sponsor for any project carried out under standing any other provision of law, the Sec- that has the effect of disadvantaging any this section may include a nonprofit entity, retary may transfer to an Indian tribe land such project solely because 50 percent or with the consent of the affected local govern- identified and set aside by the Secretary more of its benefits are recreational in na- ment.’’. under subsection (a) for use as a cemetery. ture. SEC. 204. REHABILITATION OF FEDERAL FLOOD The Secretary shall retain any necessary (b) PROCEDURES FOR CONSIDERATION AND CONTROL LEVEES. rights-of-way, easements, or other property REPORTING OF BENEFITS.—Not later than 1 Section 110(e) of the Water Resources De- interests that the Secretary determines nec- year after the date of enactment of this Act, velopment Act of 1990 (104 Stat. 4622) is essary to carry out the purpose of the the Secretary shall develop and implement amended by striking ‘‘1992,’’ and all that fol- project. procedures to ensure that all of the benefits lows through ‘‘1996’’ and inserting ‘‘2001 (c) DEFINITIONS.—In this section, the terms of a beach restoration project, including through 2005’’. ‘‘Indian tribe’’ and ‘‘Native American’’ have those benefits attributable to recreation, SEC. 205. FLOOD MITIGATION AND RIVERINE the meaning such terms have under section 2 hurricane and storm damage reduction, and RESTORATION PROGRAM. of the Native American Graves Protection environmental protection and restoration, Section 212(e) of the Water Resources De- and Repatriation Act (25 U.S.C. 3001). are adequately considered and displayed in velopment Act of 1999 (33 U.S.C. 2332(e)) is SEC. 208. ABILITY TO PAY. reports for such projects. amended— Section 103(m) of the Water Resources De- SEC. 213. PERFORMANCE OF SPECIALIZED OR (1) by striking ‘‘and’’ at the end of para- velopment Act of 1986 (33 U.S.C. 2213(m)) is TECHNICAL SERVICES. graph (22); amended— (a) IN GENERAL.—Before entering into an (2) by striking the period at end of para- (1) by striking paragraphs (1) and (2) and agreement to perform specialized or tech- graph (23) and inserting a semicolon; inserting the following: nical services for a State (including the Dis- (3) by adding at the end the following: ‘‘(1) IN GENERAL.—Any cost-sharing agree- trict of Columbia), a territory, or a local ‘‘(24) Lester, St. Louis, East Savanna, and ment under this section for construction of government of a State or territory under Floodwood Rivers, Duluth, Minnesota; an environmental protection and restora- section 6505 of title 31, United States Code, ‘‘(25) Lower Hudson River and tributaries, tion, flood control, or agricultural water the Secretary shall certify that— New York; supply project shall be subject to the ability (1) the services requested are not reason- ‘‘(26) Susquehanna River watershed, Brad- of a non-Federal interest to pay. ably and expeditiously available through or- ford County, Pennsylvania; and ‘‘(2) CRITERIA AND PROCEDURES.—The abil- dinary business channels; and ‘‘(27) Clear Creek, Harris, Galveston, and ity of a non-Federal interest to pay shall be (2) the Corps of Engineers is especially Brazoria Counties, Texas.’’. determined by the Secretary in accordance equipped to perform such services. (b) SUPPORTING MATERIALS.—The Sec- with criteria and procedures in effect under SEC. 206. TRIBAL PARTNERSHIP PROGRAM. retary shall develop materials supporting paragraph (3) on the day before the date of (a) IN GENERAL.—The Secretary is author- such certification under subsection (a). enactment of the Water Resources Develop- ized, in cooperation with Indian tribes and (c) ANNUAL REPORT TO CONGRESS.— other Federal agencies, to study and deter- ment Act of 2000; except that such criteria (1) IN GENERAL.—Not later than December mine the feasibility of implementing water and procedures shall be revised, and new cri- 31 of each calendar year, the Secretary shall resources development projects that will teria and procedures shall be developed, transmit to the Committee on Transpor- substantially benefit Indian tribes, and are within 180 days after such date of enactment tation and Infrastructure of the House of located primarily within Indian country (as to reflect the requirements of such para- Representatives and the Committee on Envi- defined in section 1151 of title 18, United graph (3).’’; and ronment and Public Works of the Senate a States Code), or in proximity to an Alaska (2) in paragraph (3)— report on the requests described in sub- Native village (as defined in, or established (A) by inserting ‘‘and’’ after the semicolon section (a) that the Secretary received dur- pursuant to, the Alaska Native Claims Set- at the end of subparagraph (A)(ii); ing such calendar year. tlement Act (43 U.S.C. 1601 et seq.)). (B) by striking subparagraph (B); and (2) CONTENTS.—With respect to each re- (b) CONSULTATION AND COORDINATION.—The (C) by redesignating subparagraph (C) as quest, the report transmitted under para- Secretary shall consult with the Secretary of subparagraph (B). graph (1) shall include a copy of the certifi- the Interior on studies conducted under this SEC. 209. INTERAGENCY AND INTERNATIONAL cation and supporting materials developed section. SUPPORT AUTHORITY. under this section and information on each (c) CREDITS.—For any study conducted The first sentence of section 234(d) of the of the following: under this section, the Secretary may pro- Water Resources Development Act of 1996 (33 (A) The scope of services requested. vide credit to the Indian tribe for services, U.S.C. 2323a(d)) is amended to read as fol- (B) The status of the request. studies, supplies, and other in-kind consider- lows: ‘‘There is authorized to be appropriated (C) The estimated and final cost of the re- ation where the Secretary determines that to carry out this section $250,000 per fiscal quested services. such services, studies, supplies, and other in- year for fiscal years beginning after Sep- (D) Each district and division office of the kind consideration will facilitate completion tember 30, 2000.’’. Corps of Engineers that has supplied or will of the study. In no event shall such credit ex- SEC. 210. PROPERTY PROTECTION PROGRAM. supply the requested services. ceed the Indian tribe’s required share of the (a) IN GENERAL.—The Secretary is author- (E) The number of personnel of the Corps cost of the study. ized to implement a program to reduce van- of Engineers that have performed or will per- (d) AUTHORIZATION OF APPROPRIATIONS.— dalism and destruction of property at water form any of the requested services. There is authorized to be appropriated to resources development projects under the ju- (F) The status of any reimbursement. carry out this section $5,000,000 for each of risdiction of the Department of the Army. In SEC. 214. DESIGN-BUILD CONTRACTING. fiscal years 2002 through 2006. Not more than carrying out the program, the Secretary (a) PILOT PROGRAM.—The Secretary may $1,000,000 appropriated to carry out this sec- may provide rewards to individuals who pro- conduct a pilot program consisting of not H10262 CONGRESSIONAL RECORD — HOUSE October 18, 2000

more than 5 projects to test the design-build ‘‘(e) RECOMMENDATIONS OF PANEL.—After (3)(A) that has as a benefit-to-cost ratio of method of project delivery on various civil receiving a timely report on a project from a less than 1.5 to 1; or engineering projects of the Corps of Engi- panel of experts under this section, the Sec- (B) that has significant environmental ben- neers, including levees, pumping plants, re- retary shall— efits or significant environmental mitigation vetments, dikes, dredging, weirs, dams, re- ‘‘(1) consider any recommendations con- components. taining walls, generation facilities, mattress tained in the evaluation; (e) COSTS.—The cost of conducting moni- laying, recreation facilities, and other water ‘‘(2) make the evaluation available for pub- toring under this section shall be a Federal resources facilities. lic review; and expense. (b) DESIGN-BUILD DEFINED.—In this section, ‘‘(3) include a copy of the evaluation in any SEC. 218. RECONNAISSANCE STUDIES. the term ‘‘design-build’’ means an agreement report transmitted to Congress concerning Section 905(b) of the Water Resources De- between the Federal Government and a con- the project. velopment Act of 1986 (33 U.S.C. 2282(b)) is tractor that provides for both the design and ‘‘(f) COSTS.—The cost of conducting a re- amended— construction of a project by a single con- view of a project under this section shall not (1) in the second sentence by inserting tract. exceed $250,000 and shall be a Federal ex- after ‘‘environmental impacts’’ the fol- (c) REPORT.—Not later than 2 years after pense. lowing: ‘‘(including whether a proposed the date of enactment of this section, the ‘‘(g) REPORT.—Not later than December 31, project is likely to have environmental im- Secretary shall report on the results of the 2003, the Secretary shall transmit to Con- pacts that cannot be successfully or cost-ef- pilot program. gress a report on the results of the pilot pro- fectively mitigated)’’; and SEC. 215. INDEPENDENT REVIEW PILOT PRO- gram together with the recommendations of (2) by inserting after the second sentence GRAM. the Secretary regarding continuation, expan- the following: ‘‘The Secretary shall not rec- Title IX of the Water Resources Develop- sion, and modification of the pilot program, ommend that a feasibility study be con- ment Act of 1986 (100 Stat. 4183 et seq.) is including an assessment of the impact that a ducted for a project based on a reconnais- amended by adding at the end the following: peer review program would have on the over- sance study if the Secretary determines that ‘‘SEC. 952. INDEPENDENT REVIEW PILOT PRO- all cost and length of project analyses and the project is likely to have environmental GRAM. reviews associated with feasibility reports impacts that cannot be successfully or cost- ‘‘(a) PROJECTS SUBJECT TO INDEPENDENT and an assessment of the benefits of peer re- effectively mitigated.’’. REVIEW.—The Secretary shall undertake a view. pilot program in fiscal years 2001 through SEC. 219. FISH AND WILDLIFE MITIGATION. ‘‘(h) ELIGIBLE PROJECT DEFINED.—In this (a) DESIGN OF MITIGATION PROJECTS.—Sec- 2003 to determine the practicality and effi- section, the term ‘eligible project’ means— cacy of having feasibility reports of the tion 906(d) of the Water Resources Develop- ‘‘(1) a water resources project that has an ment Act of 1986 (33 U.S.C. 2283(a)) is amend- Corps of Engineers for eligible projects re- estimated total cost of more than $25,000,000, viewed by an independent panel of experts. ed— including mitigation costs; and (1) by striking ‘‘(1)’’ and inserting ‘‘(A)’’; The pilot program shall be limited to the es- ‘‘(2) a water resources project— tablishment of panels for not to exceed 5 eli- and ‘‘(A) that has an estimated total cost of (2) by striking ‘‘(2)’’ and inserting ‘‘(B)’’; gible projects. $25,000,000 or less, including mitigation costs; ‘‘(b) ESTABLISHMENT OF PANELS.— (3) by striking ‘‘(d) After the date’’ and in- and ‘‘(1) IN GENERAL.—The Secretary shall es- serting the following: ‘‘(B)(i) that the Secretary determines is tablish a panel of experts for an eligible ‘‘(d) MITIGATION PLANS AS PART OF PROJECT subject to a substantial degree of public con- project under this section upon identifica- PROPOSALS.— troversy; or tion of a preferred alternative in the devel- ‘‘(1) IN GENERAL.—After the date’’; ‘‘(ii) to which an affected State objects.’’. opment of the feasibility report. (4) by adding at the end the following: SEC. 216. ENHANCED PUBLIC PARTICIPATION. ‘‘(2) MEMBERSHIP.—A panel established ‘‘(2) DESIGN OF MITIGATION PROJECTS.—The under this section shall be composed of not (a) IN GENERAL.—Section 905 of the Water Secretary shall design mitigation projects to less than 5 and not more than 9 independent Resources Development Act of 1986 (33 U.S.C. reflect contemporary understanding of the experts who represent a balance of areas of 2282) is amended by adding at the end the fol- science of mitigating the adverse environ- expertise, including biologists, engineers, lowing: mental impacts of water resources projects. and economists. ‘‘(e) ENHANCED PUBLIC PARTICIPATION.— ‘‘(3) RECOMMENDATION OF PROJECTS.—The ‘‘(3) LIMITATION ON APPOINTMENTS.—The ‘‘(1) IN GENERAL.—The Secretary shall es- Secretary shall not recommend a water re- Secretary shall not appoint an individual to tablish procedures to enhance public partici- sources project unless the Secretary deter- serve on a panel of experts for a project pation in the development of each feasibility mines that the adverse impacts of the under this section if the individual has a fi- study under subsection (a), including, if ap- project on aquatic resources and fish and nancial interest in the project or has with propriate, establishment of a stakeholder ad- wildlife can be cost-effectively and success- any organization a professional relationship visory group to assist the Secretary with the fully mitigated.’’; and that the Secretary determines may con- development of the study. (5) by aligning the remainder of the text of stitute a conflict of interest or the appear- ‘‘(2) MEMBERSHIP.—If the Secretary pro- paragraph (1) (as designated by paragraph (3) ance of impropriety. vides for the establishment of a stakeholder of this subsection) with paragraph (2) (as ‘‘(4) CONSULTATION.—The Secretary shall advisory group under this subsection, the added by paragraph (4) of this subsection). consult the National Academy of Sciences in membership of the advisory group shall in- (b) CONCURRENT MITIGATION.— developing lists of individuals to serve on clude balanced representation of social, eco- (1) INVESTIGATION.—The Comptroller Gen- panels of experts under this section. nomic, and environmental interest groups, eral shall conduct an investigation of the ef- ‘‘(5) COMPENSATION.—An individual serving and such members shall serve on a vol- fectiveness of the concurrent mitigation re- on a panel of experts under this section may untary, uncompensated basis. quirements of section 906 of the Water Re- not be compensated but may receive travel ‘‘(3) LIMITATION.—Procedures established sources Development Act of 1986 (33 U.S.C. expenses, including per diem in lieu of sub- under this subsection shall not delay devel- 2283). In conducting the investigation, the sistence, in accordance with sections 5702 opment of any feasibility study under sub- Comptroller General shall determine wheth- and 5703 of title 5, United States Code. section (a).’’. er or not there are instances in which less ‘‘(c) DUTIES OF PANELS.—A panel of experts SEC. 217. MONITORING. than 50 percent of required mitigation is established for a project under this section (a) IN GENERAL.—The Secretary shall con- completed before initiation of project con- shall— duct a monitoring program of the economic struction and the number of such instances. ‘‘(1) review feasibility reports prepared for and environmental results of up to 5 eligible (2) REPORT.—Not later than 1 year after the project after the identification of a pre- projects selected by the Secretary. the date of enactment of this Act, the Comp- ferred alternative; (b) DURATION.—The monitoring of a project troller General shall transmit to Congress a ‘‘(2) receive written and oral comments of selected by the Secretary under this section report on the results of the investigation. a technical nature concerning the project shall be for a period of not less than 12 years SEC. 220. WETLANDS MITIGATION. from the public; and beginning on the date of its selection. In carrying out a water resources project ‘‘(3) transmit to the Secretary an evalua- (c) REPORTS.—The Secretary shall trans- that involves wetlands mitigation and that tion containing the panel’s economic, engi- mit to Congress every 3 years a report on the has an impact that occurs within the service neering, and environmental analyses of the performance of each project selected under area of a mitigation bank, the Secretary, to project, including the panel’s conclusions on this section. the maximum extent practicable and where the feasibility report, with particular em- (d) ELIGIBLE WATER RESOURCES PROJECT appropriate, shall give preference to the use phasis on areas of public controversy. DEFINED.—In this section, the term ‘‘eligible of the mitigation bank if the bank contains ‘‘(d) DURATION OF PROJECT REVIEWS.—A project’’ means a water resources project, or sufficient available credits to offset the im- panel of experts shall complete its review of separable element thereof— pact and the bank is approved in accordance a feasibility report for an eligible project (1) for which a contract for physical con- with the Federal Guidance for the Establish- and transmit a report containing its evalua- struction has not been awarded before the ment, Use and Operation of Mitigation tion of the project to the Secretary not later date of enactment of this Act; Banks (60 Fed. Reg. 58605 (November 28, 1995)) than 180 days after the date of establishment (2) that has a total cost of more than or other applicable Federal law (including of the panel. $25,000,000; and regulations). October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10263

SEC. 221. CREDIT TOWARD NON-FEDERAL SHARE (d) COORDINATION.—In carrying out this technically sound, environmentally accept- OF NAVIGATION PROJECTS. section, the Secretary shall coordinate with able, and economically justified, the Sec- The second sentence of section 101(a)(2) of the appropriate State dam safety officials retary shall carry out the maintenance. the Water Resources Development Act of and the Director of the Federal Emergency SEC. 307. NORCO BLUFFS, RIVERSIDE COUNTY, 1986 (33 U.S.C. 2211(a)(2)) is amended— Management Agency. CALIFORNIA. (1) by striking ‘‘paragraph (3) and’’ and in- (e) AUTHORIZATION OF APPROPRIATIONS.— Section 101(b)(4) of the Water Resources serting ‘‘paragraph (3),’’; and There is authorized to be appropriated to Development Act of 1996 (110 Stat. 3667) is (2) by striking ‘‘paragraph (4)’’ and insert- carry out this section a total of $25,000,000 amended by striking ‘‘$8,600,000’’ and all that ing ‘‘paragraph (4), and the costs borne by for fiscal years beginning after September 30, follows through ‘‘$2,150,000’’ and inserting the non-Federal interests in providing addi- 1999, of which not more than $5,000,000 may ‘‘$15,000,000, with an estimated Federal cost tional capacity at dredged material disposal be expended on any one dam. of $11,250,000 and an estimated non-Federal areas, providing community access to the TITLE III—PROJECT-RELATED cost of $3,750,000’’. project (including such disposal areas), and PROVISIONS SEC. 308. SACRAMENTO DEEP WATER SHIP CHAN- meeting applicable beautification require- NEL, CALIFORNIA. ments’’. SEC. 301. NOGALES WASH AND TRIBUTARIES, NOGALES, ARIZONA. The project for navigation, Sacramento SEC. 222. MAXIMUM PROGRAM EXPENDITURES The project for flood control, Nogales Wash Deep Water Ship Channel, California, au- FOR SMALL FLOOD CONTROL and Tributaries, Nogales, Arizona, author- thorized by section 202(a) of the Water Re- PROJECTS. sources Development Act of 1986 (100 Stat. Section 205 of the Flood Control Act of 1948 ized by section 101(a)(4) of the Water Re- sources Development Act of 1990 (104 Stat. 4092), is modified to authorize the Secretary (33 U.S.C. 701s) is amended by striking to provide credit to the non-Federal interest ‘‘$40,000,000’’ and inserting ‘‘$50,000,000’’. 4606), and modified by section 303 of the Water Resources Development Act of 1996 toward the non-Federal share of the cost of SEC. 223. FEASIBILITY STUDIES AND PLANNING, (110 Stat. 3711), is further modified to provide the project for the value of dredged material ENGINEERING, AND DESIGN. that the Federal share of the costs associ- from the project that is purchased by public Section 105(a)(1)(E) of the Water Resources ated with addressing flood control problems agencies or nonprofit entities for environ- Development Act of 1986 (33 U.S.C. in Nogales, Arizona, arising from floodwater mental restoration or other beneficial uses. 2215(a)(1)(E)) is amended by striking ‘‘Not flows originating in Mexico shall be 100 per- SEC. 309. SACRAMENTO RIVER, GLENN-COLUSA, more than 1⁄2 of the’’ and inserting ‘‘The’’. cent. CALIFORNIA. SEC. 224. ADMINISTRATIVE COSTS OF LAND CON- The project for flood control, Sacramento VEYANCES. SEC. 302. JOHN PAUL HAMMERSCHMIDT VISITOR River, California, authorized by section 2 of CENTER, FORT SMITH, ARKANSAS. (a) IN GENERAL.—Notwithstanding any the Act entitled ‘‘An Act to provide for the Section 103(e) of the Water Resources De- other provision of law, the administrative control of the floods of the Mississippi River velopment Act of 1992 (106 Stat. 4813) is costs associated with the conveyance of and of the Sacramento River, California, and amended— property to a non-Federal governmental or for other purposes’’, approved March 1, 1917 (1) in the subsection heading by striking nonprofit entity shall be limited to not more (39 Stat. 949), and modified by section 102 of ‘‘LAKE’’ and inserting ‘‘VISITOR CENTER’’; and than 5 percent of the value of the property to the Energy and Water Development Appro- (2) in paragraph (1) by striking ‘‘at the be conveyed to such entity if the Secretary priations Act, 1990 (103 Stat. 649), section John Paul Hammerschmidt Lake, Arkansas determines, based on the entity’s ability to 301(b)(3) of the Water Resources Develop- River, Arkansas’’ and inserting ‘‘on property pay, that such limitation is necessary to ment Act of 1996 (110 Stat. 3110), title I of the provided by the city of Fort Smith, Arkan- complete the conveyance. The Federal cost Energy and Water Development Appropria- sas, in such city’’. associated with such limitation shall not ex- tions Act, 1999 (112 Stat. 1841), and section ceed $70,000 for any one conveyance. SEC. 303. GREERS FERRY LAKE, ARKANSAS. 305 of the Water Resources Development Act (b) SPECIFIC CONVEYANCE.—In carrying out The project for flood control, Greers Ferry of 1999 (113 Stat. 299), is further modified to subsection (a), the Secretary shall give pri- Lake, Arkansas, authorized by the Act enti- direct the Secretary to provide the non-Fed- ority consideration to the conveyance of 10 tled ‘‘An Act authorizing the construction of eral interest a credit of up to $4,000,000 to- acres of Wister Lake project land to the certain public works on rivers and harbors ward the non-Federal share of the cost of the Summerfield Cemetery Association, Wister, for flood control, and other purposes’’, ap- project for direct and indirect costs incurred Oklahoma, authorized by section 563(f) of the proved June 28, 1938 (52 Stat. 1218), is modi- by the non-Federal interest in carrying out Water Resources Development Act of 1999 fied to authorize the Secretary to construct activities (including the provision of lands, (113 Stat. 359–360). water intake facilities for the benefit of easements, rights-of-way, relocations, and (c) AUTHORIZATION OF APPROPRIATIONS.— Lonoke and White Counties, Arkansas. dredged material disposal areas) associated There is authorized to be appropriated to SEC. 304. TEN- AND FIFTEEN-MILE BAYOUS, AR- with environmental compliance for the carry out this section $150,000 for fiscal years KANSAS. project if the Secretary determines that the 2001 through 2003. The project for flood control, Saint Francis activities are integral to the project. If any SEC. 225. DAM SAFETY. River Basin, Missouri and Arkansas, author- of such costs were incurred by the non-Fed- ized by section 204 of the Flood Control Act (a) INVENTORY AND ASSESSMENT OF OTHER eral interests before execution of the project of 1950 (64 Stat. 172), is modified to expand DAMS.— cooperation agreement, the Secretary may the boundaries of the project to include Ten- (1) INVENTORY.—The Secretary shall estab- reimburse the non-Federal interest for such lish an inventory of dams constructed by and and Fifteen-Mile Bayous near West Mem- pre-agreement costs instead of providing a using funds made available through the phis, Arkansas. Notwithstanding section credit for such pre-agreement costs to the Works Progress Administration, the Works 103(f) of the Water Resources Development extent that the amount of the credit exceeds Projects Administration, and the Civilian Act of 1986 (100 Stat. 4086), the flood control the remaining non-Federal share of the cost Conservation Corps. work at Ten- and Fifteen-Mile Bayous shall of the project. not be considered separable elements of the (2) ASSESSMENT OF REHABILITATION SEC. 310. UPPER GUADALUPE RIVER, CALI- project. NEEDS.—In establishing the inventory re- FORNIA. quired under paragraph (1), the Secretary SEC. 305. CACHE CREEK BASIN, CALIFORNIA. The project for flood damage reduction and shall also assess the condition of the dams The project for flood control, Cache Creek recreation, Upper Guadalupe River, Cali- on such inventory and the need for rehabili- Basin, California, authorized by section fornia, authorized by section 101(a)(9) of the tation or modification of the dams. 401(a) of the Water Resources Development Water Resources Development Act of 1999 (b) REPORT TO CONGRESS.—Not later than 2 Act of 1986 (100 Stat. 4112), is modified to di- (113 Stat. 275), is modified to provide that the years after the date of enactment of this rect the Secretary to evaluate the impacts of non-Federal share of the cost of the project Act, the Secretary shall transmit to Con- the new south levee of the Cache Creek set- shall be 50 percent, with an estimated Fed- gress a report containing the inventory and tling basin on the city of Woodland’s storm eral cost and non-Federal cost of $70,164,000 assessment required by this section. drainage system and to mitigate such im- each. (c) INTERIM ACTIONS.— pacts at Federal expense and a total cost of SEC. 311. BREVARD COUNTY, FLORIDA. (1) IN GENERAL.—If the Secretary deter- $2,800,000. (a) INCLUSION OF REACH.—The project for mines that a dam referred to in subsection SEC. 306. LARKSPUR FERRY CHANNEL, LARK- shoreline protection, Brevard County, Flor- (a) presents an imminent and substantial SPUR, CALIFORNIA. ida, authorized by section 101(b)(7) of the risk to public safety, the Secretary is au- The project for navigation, Larkspur Ferry Water Resources Development Act of 1996 thorized to carry out measures to prevent or Channel, Larkspur, California, authorized by (110 Stat. 3667), is modified to provide that, mitigate against such risk. section 601(d) of the Water Resources Devel- notwithstanding section 902 of the Water Re- (2) EXCLUSION.—The assistance authorized opment Act of 1986 (100 Stat. 4148), is modi- sources Development Act of 1986, the Sec- under paragraph (1) shall not be available to fied to direct the Secretary to prepare a lim- retary may incorporate in the project any or dams under the jurisdiction of the Depart- ited reevaluation report to determine wheth- all of the 7.1-mile reach of the project that ment of the Interior. er maintenance of the project is technically was deleted from the south reach of the (3) FEDERAL SHARE.—The Federal share of sound, environmentally acceptable, and eco- project, as described in paragraph (5) of the the cost of assistance provided under this nomically justified. If the Secretary deter- Report of the Chief of Engineers, dated De- subsection shall be 65 percent of such cost. mines that maintenance of the project is cember 23, 1996, if the Secretary determines, H10264 CONGRESSIONAL RECORD — HOUSE October 18, 2000 in coordination with appropriate local, by an additional 50 years, at a total cost of the first section of the Act entitled ‘‘An Act State, and Federal agencies, that the project $24,000,000, with an estimated Federal cost of making appropriations for the construction, as modified is technically sound, environ- $12,000,000 and an estimated non-Federal cost repair, and preservation of certain public mentally acceptable, and economically justi- of $12,000,000. works on rivers and harbors, and for other fied. (b) DEFINITIONS.—For purposes of this sec- purposes’’, approved June 3, 1896 (29 Stat. (b) CLARIFICATION.—Section 310(a) of the tion, the term ‘‘stabilize and renovate’’ in- 215), is modified to redesignate the following Water Resources Development Act of 1999 cludes the following activities: stabilization portion of the project as an anchorage area: (113 Stat. 301) is amended by inserting of the main dam, auxiliary dam and lock; The portion lying northwesterly of a line ‘‘shoreline associated with the’’ after ‘‘dam- renovation of all operational aspects of the commencing at point N86,946.770, E321,303.830 age to the’’. lock; and elevation of the main and auxiliary thence running northeasterly about 203.67 SEC. 312. FERNANDINA HARBOR, FLORIDA. dams. feet to a point N86,994.750, E321,501.770. The project for navigation, Fernandina SEC. 319. SAINT JOSEPH RIVER, SOUTH BEND, IN- SEC. 326. BRECKENRIDGE, MINNESOTA. DIANA. Harbor, Florida, authorized by the first sec- Section 321(a) of the Water Resources De- (a) MAXIMUM FEDERAL EXPENDITURE.—The tion of the Act entitled ‘‘An Act making ap- velopment Act of 1999 (113 Stat. 303) is maximum amount of Federal funds that may propriations for the construction, repair, amended— be expended for the project for flood control, completion, and preservation of certain (1) in the subsection heading by striking Breckenridge, Minnesota, carried out under works on rivers and harbors, and for other section 205 of the Flood Control Act of 1948 ‘‘TOTAL’’ and inserting ‘‘FEDERAL’’; and purposes’’, approved June 14, 1880 (21 Stat. (2) by striking ‘‘total’’ and inserting ‘‘Fed- (33 U.S.C. 701s), shall be $10,500,000. 186), is modified to authorize the Secretary eral’’. (b) REVISION OF PROJECT COOPERATION to realign the access channel in the vicinity AGREEMENT.—The Secretary shall revise the of the Fernandina Beach Municipal Marina SEC. 320. MAYFIELD CREEK AND TRIBUTARIES, KENTUCKY. project cooperation agreement for the 100 feet to the west. The cost of the realign- The project for flood control, Mayfield project described in subsection (a) to take ment, including acquisition of lands, ease- Creek and tributaries, Kentucky, carried out into account the change in the Federal par- ments, rights-of-way, and dredged material under section 205 of the Flood Control Act of ticipation in the project in accordance with disposal areas and relocations, shall be a 1948 (33 U.S.C. 701s), is modified to provide this section. non-Federal expense. that the non-Federal interest shall not be re- SEC. 327. DULUTH HARBOR, MINNESOTA. SEC. 313. TAMPA HARBOR, FLORIDA. quired to pay the unpaid balance, including The project for navigation, Duluth Harbor, The project for navigation, Tampa Harbor, interest, of the non-Federal share of the cost Minnesota, carried out under section 107 of Florida, authorized by section 4 of the Rivers of the project. the River and Harbor Act of 1960 (33 U.S.C. and Harbors Act of September 22, 1922 (42 SEC. 321. AMITE RIVER AND TRIBUTARIES, EAST 577), is modified to include the relocation of Stat. 1042), is modified to authorize the Sec- BATON ROUGE PARISH, LOUISIANA. Scenic Highway 61, including any required retary to deepen and widen the Alafia Chan- The project for flood damage reduction and bridge construction. nel in accordance with the plans described in recreation, Amite River and Tributaries, SEC. 328. LITTLE FALLS, MINNESOTA. the Draft Feasibility Report, Alafia River, East Baton Rouge Parish, Louisiana, author- The project for clearing, snagging, and Tampa Harbor, Florida, dated May 2000, at a ized by section 101(a)(21) of the Water Re- sediment removal, East Bank of the Mis- total cost of $61,592,000, with an estimated sources Development Act of 1999 (113 Stat. sissippi River, Little Falls, Minnesota, au- Federal cost of $39,621,000 and an estimated 277), is modified to provide that cost sharing thorized under section 3 of the Act entitled non-Federal cost of $21,971,000. for the project shall be determined in accord- ‘‘An Act authorizing the construction, re- SEC. 314. EAST SAINT LOUIS AND VICINITY, ILLI- ance with section 103(a) of the Water Re- pair, and preservation of certain public NOIS. sources Development Act of 1986 (33 U.S.C. works on rivers and harbors, and for other The project for flood protection, East 2213), as in effect on October 11, 1996. purposes’’, approved March 2, 1945 (33 U.S.C. Saint Louis and vicinity, Illinois (East Side SEC. 322. ATCHAFALAYA BASIN FLOODWAY SYS- 603a), is modified to direct the Secretary to levee and sanitary district), authorized by TEM, LOUISIANA. construct the project substantially in ac- The Atchafalaya Basin Floodway System section 204 of the Flood Control Act of 1965 cordance with the plans contained in the fea- project, authorized by section 601 of the (79 Stat. 1082), is modified to include eco- sibility report of the District Engineer, Water Resources Development Act of 1986 system restoration as a project purpose. dated June 2000. (100 Stat. 4142), is modified to authorize the SEC. 315. KASKASKIA RIVER, KASKASKIA, ILLI- SEC. 329. POPLAR ISLAND, MARYLAND. NOIS. Secretary to construct the visitor center and (a) IN GENERAL.—The project for beneficial The project for navigation, Kaskaskia other recreational features identified in the use of dredged material at Poplar Island, River, Kaskaskia, Illinois, authorized by sec- 1982 project feasibility report of the Corps of Maryland, authorized by section 537 of the tion 101 of the River and Harbor Act of 1962 Engineers at or near the Lake End Park in Water Resources Development Act of 1996 (76 Stat. 1175), is modified to include recre- Morgan City, Louisiana. (110 Stat. 3776), is modified to authorize the ation as a project purpose. SEC. 323. ATCHAFALAYA RIVER, BAYOUS CHENE, BOEUF, AND BLACK, LOUISIANA. Secretary to provide the non-Federal inter- SEC. 316. WAUKEGAN HARBOR, ILLINOIS. The project for navigation Atchafalaya est credit toward cash contributions re- The project for navigation, Waukegan Har- River and Bayous Chene, Boeuf, and Black, quired— bor, Illinois, authorized by the first section Louisiana, authorized by section 101 of the (1) before and during construction of the of the Act entitled ‘‘An Act making appro- River and Harbor Act of 1968 (82 Stat. 731), is project, for the costs of planning, engineer- priations for the construction, repair, com- modified to direct the Secretary to inves- ing, and design and for construction manage- pletion, and preservation of certain works on tigate the problems associated with the mix- ment work that is performed by the non-Fed- rivers and harbors, and for other purposes’’, ture of freshwater, saltwater, and fine river eral interest and that the Secretary deter- approved June 14, 1880 (21 Stat. 192), is modi- silt in the channel and to develop and carry mines is necessary to implement the project; fied to authorize the Secretary to extend the out a solution to the problem if the Sec- and upstream limit of the project 275 feet to the retary determines that the work is tech- (2) during construction of the project, for north at a width of 375 feet if the Secretary nically sound, environmentally acceptable, the costs of the construction that the non- determines that the extension is feasible. and economically justified. Federal interest carries out on behalf of the SEC. 317. CUMBERLAND, KENTUCKY. SEC. 324. RED RIVER WATERWAY, LOUISIANA. Secretary and that the Secretary determines Using continuing contracts, the Secretary The project for mitigation of fish and wild- is necessary to carry out the project. shall initiate construction of the flood con- life loses, Red River Waterway, Louisiana, (b) REDUCTION.—The private sector per- trol project, Cumberland, Kentucky, author- authorized by section 601(a) of the Water Re- formance goals for engineering work of the ized by section 202(a) of the Energy and sources Development Act of 1986 (100 Stat. Baltimore District of the Corps of Engineers Water Development Appropriations Act, 1981 4142) and modified by section 4(h) of the shall be reduced by the amount of the credit (94 Stat. 1339), in accordance with option 4 Water Resources Development Act of 1988 under paragraph (1). contained in the draft detailed project report (102 Stat. 4016), section 102(p) of the Water SEC. 330. GREEN BROOK SUB-BASIN, RARITAN of the Nashville District, dated September Resources Development Act of 1990 (104 Stat. RIVER BASIN, NEW JERSEY. 1998, to provide flood protection from the 100- 4613), and section 301(b)(7) of the Water Re- The project for flood control, Green Brook year frequency flood event and to share all sources Development Act of 1996 (110 Stat. Sub-Basin, Raritan River Basin, New Jersey, costs in accordance with section 103 of the 3710), is further modified to authorize the authorized by section 401(a) of the Water Re- Water Resources Development Act of 1986 (33 Secretary to purchase mitigation lands in sources Development Act of 1986 (100 Stat. U.S.C. 2213). any of the 7 parishes that make up the Red 4119), is modified to direct the Secretary to SEC. 318. LOCK AND DAM 10, KENTUCKY RIVER, River Waterway District, including the par- prepare a limited reevaluation report to de- KENTUCKY. ishes of Caddo, Bossier, Red River, termine the feasibility of carrying out a non- (a) IN GENERAL.—The Secretary may take Natchitoches, Grant, Rapides, and Avoyelles. structural flood damage reduction project at all necessary measures to further stabilize SEC. 325. THOMASTON HARBOR, GEORGES RIVER, the Green Brook Sub-Basin. If the Secretary and renovate Lock and Dam 10 at MAINE. determines that the nonstructural project is Boonesborough, Kentucky, with the purpose The project for navigation, Georges River, feasible, the Secretary may carry out the of extending the design life of the structure Maine (Thomaston Harbor), authorized by nonstructural project. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10265

SEC. 331. NEW YORK HARBOR AND ADJACENT (B) APPOINTMENTS BY GOVERNOR OF NEW Stat. 891), is modified to direct the Secretary CHANNELS, PORT JERSEY, NEW JER- JERSEY.—The Governor of New Jersey shall to mitigate damage to the water trans- SEY. appoint 20 members to the task force, as fol- mission line for Williston, North Dakota, at The project for navigation, New York Har- lows: Federal expense and a total cost of $3,900,000. bor and adjacent channels, Port Jersey, New (i) 2 representatives of the New Jersey leg- SEC. 335. DUCK CREEK, OHIO. Jersey, authorized by section 202(b) of the islature who are members of different polit- The project for flood control, Duck Creek, Water Resources Development Act of 1986 ical parties. Ohio, authorized by section 101(a)(24) of the (100 Stat. 4098) and modified by section 337 of (ii) 3 representatives of the State of New the Water Resources Development Act of Water Resources Development Act of 1996 Jersey. 1999 (113 Stat. 306–307), is further modified to (110 Stat. 3665), is modified to authorize the (iii) 1 representative of each of Bergen, authorize the Secretary to provide the non- Secretary carry out the project at a total Essex, Morris, and Passaic Counties, New Federal interests credit toward cash con- cost of $36,323,000, with an estimated Federal tributions required— Jersey. cost of $27,242,000 and an estimated non-Fed- (1) before, during, and after construction (iv) 6 representatives of governments of eral cost of $9,081,000. for planning, engineering and design, and municipalities affected by flooding within SEC. 336. ASTORIA, OREGON. construction management work that is per- the Passaic River Basin. The project for navigation, Columbia formed by the non-Federal interests and that (v) 1 representative of the Palisades Inter- River, Astoria, Oregon, authorized by the the Secretary determines is necessary to im- state Park Commission. first section of the Act entitled ‘‘An Act au- plement the project; and (vi) 1 representative of the North Jersey thorizing the construction, repair, and pres- (2) during and after construction for the District Water Supply Commission. ervation of certain public works on rivers costs of construction that the non-Federal (vii) 1 representative of each of— and harbors, and for other purposes’’, ap- interests carry out on behalf of the Sec- (I) the Association of New Jersey Environ- proved July 24, 1946 (60 Stat. 637), is modified retary and that the Secretary determines is mental Commissions; to provide that the Federal share of the cost necessary to implement the project. (II) the Passaic River Coalition; and of relocating causeway and mooring facili- (III) the Sierra Club. SEC. 332. PASSAIC RIVER BASIN FLOOD MANAGE- ties located at the Astoria East Boat Basin MENT, NEW JERSEY. (C) APPOINTMENT BY GOVERNOR OF NEW shall be 100 percent but shall not exceed (a) REEVALUATION OF FLOODWAY STUDY.— YORK.—The Governor of New York shall ap- $500,000. The Secretary shall review the Passaic River point 1 representative of the State of New SEC. 337. NONCONNAH CREEK, TENNESSEE AND Floodway Buyout Study, dated October 1995, York to the task force. MISSISSIPPI. conducted as part of the project for flood (3) MEETINGS.— The project for flood control, Nonconnah control, Passaic River Main Stem, New Jer- (A) REGULAR MEETINGS.—The task force Creek, Tennessee and Mississippi, authorized sey and New York, authorized by section shall hold regular meetings. by section 401(a) of the Water Resources De- 101(a)(18) of the Water Resources Develop- (B) OPEN MEETINGS.—The meetings of the velopment Act of 1986 (100 Stat. 4124), is ment Act of 1990 (104 Stat. 4607–4610), to cal- task force shall be open to the public. modified to authorize the Secretary, if the culate the benefits of a buyout and environ- (4) ANNUAL REPORT.—The task force shall Secretary determines that it is feasible— mental restoration using the method used to submit annually to the Secretary and to the (1) to extend the area protected by the calculate the benefits of structural projects non-Federal interest a report describing the flood control element of the project up- under section 308(b) of the Water Resources achievements of the Passaic River flood stream approximately 5 miles to Reynolds Development Act of 1990 (33 U.S.C. 2318(b)). management project in preventing flooding Road; and (b) REEVALUATION OF 10-YEAR FLOODPLAIN and any impediments to completion of the (2) to extend the hiking and biking trails of STUDY.—The Secretary shall review the Pas- project. the recreational element of the project from saic River Buyout Study of the 10-year flood- (5) EXPENDITURE OF FUNDS.—The Secretary 8.8 to 27 miles. plain beyond the floodway of the Central may use funds made available to carry out SEC. 338. BOWIE COUNTY LEVEE, TEXAS. Passaic River Basin, dated September 1995, the Passaic River Basin flood management The project for flood control, Red River conducted as part of the Passaic River Main project to pay the administrative expenses of below Denison Dam, Texas and Oklahoma, Stem project to calculate the benefits of a the task force. authorized by section 10 of the Flood Control buyout and environmental restoration using (6) TERMINATION.—The task force shall ter- Act of 1946 (60 Stat. 647), is modified to direct the method used to calculate the benefits of minate on the date on which the Passaic the Secretary to implement the Bowie Coun- structural projects under section 308(b) of River flood management project is com- the Water Resources Development Act of ty levee feature of the project in accordance pleted. with the plan described as Alternative B in 1990 (33 U.S.C. 2318(b)). (f) ACQUISITION OF LANDS IN THE (c) PRESERVATION OF NATURAL STORAGE the draft document entitled ‘‘Bowie County FLOODWAY.—Section 1148 of the Water Re- Local Flood Protection, Red River, Texas AREAS.— sources Development Act of 1986 (100 Stat. (1) IN GENERAL.—The Secretary shall re- Project Design Memorandum No. 1, Bowie 4254; 110 Stat. 3718–3719), is amended by add- County Levee’’, dated April 1997. In evalu- evaluate the acquisition of wetlands in the ing at the end the following: Central Passaic River Basin for flood protec- ating and implementing the modification, ‘‘(e) CONSISTENCY WITH NEW JERSEY BLUE tion purposes to supplement the wetland ac- the Secretary shall allow the non-Federal in- ACRES PROGRAM.—The Secretary shall carry terest to participate in the financing of the quisition authorized by section out this section in a manner that is con- 101(a)(18)(C)(vi) of the Water Resources De- project in accordance with section 903(c) of sistent with the Blue Acres Program of the the Water Resources Development Act of velopment Act of 1990 (104 Stat. 4609). State of New Jersey.’’. (2) PURCHASE.—If the Secretary determines 1986 (100 Stat. 4184) to the extent that the (g) STUDY OF HIGHLANDS LAND CONSERVA- that the acquisition of wetlands evaluated Secretary’s evaluation of the modification TION.—The Secretary, in cooperation with under paragraph (1) is cost-effective, the Sec- indicates that applying such section is nec- the Secretary of Agriculture and the State of essary to implement the modification. retary shall purchase the wetlands, with the New Jersey, may study the feasibility of con- SEC. 339. SAN ANTONIO CHANNEL, SAN ANTONIO, goal of purchasing not more than 8,200 acres. serving land in the Highlands region of New (d) STREAMBANK EROSION CONTROL TEXAS. Jersey and New York to provide additional STUDY.—The Secretary shall review relevant The project for flood control, San Antonio flood protection for residents of the Passaic reports and conduct a study to determine the channel, Texas, authorized by section 203 of River Basin in accordance with section 212 of feasibility of carrying out a project for envi- the Flood Control Act of 1954 (68 Stat. 1259) the Water Resources Development Act of ronmental restoration, erosion control, and as part of the comprehensive plan for flood 1999 (33 U.S.C. 2332). streambank restoration along the Passaic protection on the Guadalupe and San Anto- (h) RESTRICTION ON USE OF FUNDS.—The River, from Dundee Dam to Kearny Point, nio Rivers in Texas, and modified by section Secretary shall not obligate any funds to New Jersey. 103 of the Water Resources Development Act (e) PASSAIC RIVER FLOOD MANAGEMENT carry out design or construction of the tun- of 1976 (90 Stat. 2921), is further modified to TASK FORCE.— nel element of the Passaic River Main Stem include environmental restoration and recre- (1) ESTABLISHMENT.—The Secretary, in co- project. ation as project purposes. operation with the non-Federal interest, SEC. 333. TIMES BEACH NATURE PRESERVE, BUF- SEC. 340. BUCHANAN AND DICKENSON COUNTIES, shall establish a task force, to be known as FALO, NEW YORK. VIRGINIA. the ‘‘Passaic River Flood Management Task The project for improving the quality of The project for flood control, Levisa and Force’’, to provide advice to the Secretary the environment, Times Beach Nature Pre- Tug Forks of the Big Sandy River and Upper concerning reevaluation of the Passaic River serve, Buffalo, New York, carried out under Cumberland River, authorized by section 202 Main Stem project. section 1135 of the Water Resources Develop- of the Energy and Water Development Ap- (2) MEMBERSHIP.—The task force shall be ment Act of 1986 (33 U.S.C. 2309a), is modified propriations Act, 1981 (94 Stat. 1339), and composed of 22 members, appointed as fol- to include recreation as a project purpose. modified by section 352 of the Water Re- lows: SEC. 334. GARRISON DAM, NORTH DAKOTA. sources Development Act of 1996 (110 Stat. (A) APPOINTMENT BY SECRETARY.—The Sec- The Garrison Dam, North Dakota, feature 3724–3725), is further modified to direct the retary shall appoint 1 member to represent of the project for flood control, Missouri Secretary to determine the ability of Bu- the Corps of Engineers and to provide tech- River Basin, authorized by section 9(a) of the chanan and Dickenson Counties, Virginia, to nical advice to the task force. Flood Control Act of December 22, 1944 (58 pay the non-Federal share of the cost of the H10266 CONGRESSIONAL RECORD — HOUSE October 18, 2000 project based solely on the criteria specified SEC. 347. GREENBRIER BASIN, WEST VIRGINIA. lic works on rivers and harbors, and for other in section 103(m)(3)(A)(i) of the Water Re- Section 579(c) of the Water Resources De- purposes’’, approved September 19, 1890 (26 sources Development Act of 1986 (33 U.S.C. velopment Act of 1996 (110 Stat. 3790) is Stat. 444), and modified by the first section 2213(m)(3)(A)(i)). amended by striking ‘‘$12,000,000’’ and insert- of the Act entitled ‘‘An Act authorizing the SEC. 341. BUCHANAN, DICKENSON, AND RUSSELL ing ‘‘$73,000,000’’. construction, repair, and preservation of cer- COUNTIES, VIRGINIA. SEC. 348. LOWER MUD RIVER, MILTON, WEST VIR- tain public works on rivers and harbors, and At the request of the John Flannagan GINIA. for other purposes’’, approved July 3, 1930 (46 Water Authority, Dickenson County, Vir- The project for flood damage reduction, Stat. 926), and deauthorized by section 1002 of ginia, the Secretary may reallocate, under Lower Mud River, Milton, West Virginia, au- the Water Resources Development Act of section 322 of the Water Resources Develop- thorized by section 580 of the Water Re- 1986 (100 Stat. 4219), except that the project is ment Act of 1990 (104 Stat. 4643–4644), water sources Development Act of 1996 (110 Stat. authorized only for construction of a naviga- supply storage space in the John Flannagan 3790), is modified to direct the Secretary to tion channel 12 feet deep by 125 feet wide Reservoir, Dickenson County, Virginia, suffi- carry out the project substantially in ac- from mile ¥2.5 (at the junction with the cient to yield water withdrawals in amounts cordance with the plans, and subject to the Houston Ship Channel) to mile 11.0 on Cedar not to exceed 3,000,000 gallons per day in conditions, described in the watershed plan Bayou. order to provide water for the communities prepared by the Natural Resources Conserva- (b) REDESIGNATION.—The following portion in Buchanan, Dickenson, and Russell Coun- tion Service for the project, dated 1992. of the 11-foot channel of the project for navi- ties, Virginia, notwithstanding the limita- SEC. 349. WATER QUALITY PROJECTS. gation, Narraguagus River, Milbridge, tion in section 322(b) of such Act. Section 307(a) of the Water Resources De- Maine, referred to in subsection (a)(1) is re- SEC. 342. SANDBRIDGE BEACH, VIRGINIA BEACH, velopment Act of 1992 (106 Stat. 4841) is designated as anchorage: starting at a point VIRGINIA. amended by striking ‘‘Jefferson and Orleans with coordinates N248,413.92, E668,000.24, The project for beach erosion control and Parishes’’ and inserting ‘‘Jefferson, Orleans, thence running south 20 degrees 09 minutes hurricane protection, Sandbridge Beach, Vir- and St. Tammany Parishes’’. 57.8 seconds east 1325.205 feet to a point ginia Beach, Virginia, authorized by section SEC. 350. PROJECT REAUTHORIZATIONS. N247,169.95, E668,457.09, thence running north 101(22) of the Water Resources Development (a) IN GENERAL.—Each of the following 51 degrees 30 minutes 05.7 seconds west 562.33 Act of 1992 (106 Stat. 4804), is modified to di- projects may be carried out by the Sec- feet to a point N247,520.00, E668,017.00, thence rect the Secretary to provide 50 years of retary, and no construction on any such running north 01 degrees 04 minutes 26.8 sec- periodic beach nourishment beginning on the project may be initiated until the Secretary onds west 894.077 feet to the point of origin. date on which construction of the project determines that the project is technically SEC. 351. CONTINUATION OF PROJECT AUTHOR- was initiated in 1998. sound, environmentally acceptable, and eco- IZATIONS. SEC. 343. WALLOPS ISLAND, VIRGINIA. nomically justified, as appropriate: (a) IN GENERAL.—Notwithstanding section Section 567(c) of the Water Resources De- (1) NARRAGUAGUS RIVER, MILBRIDGE, 1001(b)(2) of the Water Resources Develop- velopment Act of 1999 (113 Stat. 367) is MAINE.—Only for the purpose of maintenance ment Act of 1986 (33 U.S.C. 579a(b)(2)), the amended by striking ‘‘$8,000,000’’ and insert- as anchorage, those portions of the project following projects shall remain authorized to ing ‘‘$20,000,000’’. for navigation, Narraguagus River, be carried out by the Secretary: Milbridge, Maine, authorized by section 2 of (1) The projects for flood control, Sac- SEC. 344. COLUMBIA RIVER, WASHINGTON. the Act entitled ‘‘An Act making appropria- ramento River, California, modified by sec- (a) IN GENERAL.—The project for naviga- tions for the construction, repair, comple- tion 10 of the Flood Control Act of December tion, Columbia River, Washington, author- tion, and preservation of certain works on 22, 1944 (58 Stat. 900–901). ized by the first section of the Act entitled rivers and harbors, and for other purposes’’, (2) The project for flood protection, Sac- ‘‘An Act making appropriations for the con- approved June 14, 1880 (21 Stat. 195), and de- ramento River from Chico Landing to Red struction, repair, and preservation of certain authorized under section 101 of the River and Bluff, California, authorized by section 203 of public works on rivers and harbors, and for Harbor Act of 1962 (75 Stat. 1173), lying adja- the Flood Control Act of 1958 (72 Stat. 314). other purposes’’, approved June 13, 1902 (32 cent to and outside the limits of the 11-foot (b) LIMITATION.—A project described in Stat. 369), is modified to direct the Sec- and 9-foot channel authorized as part of the subsection (a) shall not be authorized for retary, in the operation and maintenance of project for navigation, authorized by such construction after the last day of the 7-year the project, to mitigate damages to the section 101, as follows: period beginning on the date of enactment of shoreline of Puget Island, at a total cost of (A) An area located east of the 11-foot this Act, unless, during such period, funds $1,000,000. channel starting at a point with coordinates have been obligated for the construction (in- (b) ALLOCATION.—The cost of the mitiga- N248,060.52, E668,236.56, thence running south cluding planning and design) of the project. tion shall be allocated as an operation and 36 degrees 20 minutes 52.3 seconds east maintenance cost of the Federal navigation SEC. 352. DECLARATION OF NONNAVIGABILITY 1567.242 feet to a point N246,798.21, E669,165.44, FOR LAKE ERIE, NEW YORK. project. thence running north 51 degrees 30 minutes (a) AREA TO BE DECLARED NONNAVIGABLE; SEC. 345. MOUNT ST. HELENS, WASHINGTON. 06.2 seconds west 839.855 feet to a point PUBLIC INTEREST.—Unless the Secretary The project for sediment control, Mount N247,321.01, E668,508.15, thence running north finds, after consultation with local and re- St. Helens, Washington, authorized by chap- 20 degrees 09 minutes 58.1 seconds west gional public officials (including local and ter IV of title I of the Supplemental Appro- 787.801 feet to the point of origin. regional public planning organizations), that priations Act, 1985 (99 Stat. 318–319), is modi- (B) An area located west of the 9-foot chan- the proposed projects to be undertaken with- fied to authorize the Secretary to provide nel starting at a point with coordinates in the boundaries in the portions of Erie such cost-effective, environmentally accept- N249,673.29, E667,537.73, thence running south County, New York, described in subsection able measures as are necessary to maintain 20 degrees 09 minutes 57.8 seconds east (b), are not in the public interest then, sub- the flood protection levels for Longview, 1341.616 feet to a point N248,413.92, E668,000.24, ject to subsection (c), those portions of such Kelso, Lexington, and Castle Rock on the thence running south 01 degrees 04 minutes county that were once part of Lake Erie and Cowlitz River, Washington, identified in the 26.8 seconds east 371.688 feet to a point are now filled are declared to be nonnav- October 1985 report of the Chief of Engineers N248,042.30, E668,007.21, thence running north igable waters of the United States. entitled ‘‘Mount St. Helens, Washington, De- 22 degrees 21 minutes 20.8 seconds west (b) BOUNDARIES.—The portion of Erie Coun- cision Document (Toutle, Cowlitz, and Co- 474.096 feet to a point N248,480.76, E667,826.88, ty, New York, referred to in subsection (a) lumbia Rivers)’’, printed as House Document thence running north 79 degrees 09 minutes are all that tract or parcel of land, situate in number 99–135. 31.6 seconds east 100.872 feet to a point the Town of Hamburg and the City of Lacka- SEC. 346. RENTON, WASHINGTON. N248,499.73, E667,925.95, thence running north wanna, County of Erie, State of New York, (a) MAXIMUM FEDERAL EXPENDITURE.—The 13 degrees 47 minutes 27.6 seconds west 95.126 being part of Lots 12, 13, 14, 15, 16, 17, 18, 19, maximum amount of Federal funds that may feet to a point N248,592.12, E667,903.28, thence 20, 21, 22, 23, 24, and 25 of the Ogden Gore be expended for the project for flood control, running south 79 degrees 09 minutes 31.6 sec- Tract and part of Lots 23, 24, and 36 of the Renton, Washington, carried out under sec- onds west 115.330 feet to a point N248,570.42, Buffalo Creek Reservation, Township 10, tion 205 of the Flood Control Act of 1948, E667,790.01, thence running north 22 degrees Range 8 of the Holland Land Company’s Sur- shall be $5,300,000. 21 minutes 20.8 seconds west 816.885 feet to a vey and more particularly bounded and de- (b) REVISION OF PROJECT COOPERATION point N249,325.91, E667,479.30, thence running scribed as follows: AGREEMENT.—The Secretary shall revise the north 07 degrees 03 minutes 00.3 seconds west Beginning at a point on the westerly high- project cooperation agreement for the 305.680 feet to a point N249,629.28, E667,441.78, way boundary of Hamburg Turnpike (66.0 project described in subsection (a) to take thence running north 65 degrees 21 minutes feet wide), said point being 547.89 feet South into account the change in the Federal par- 33.8 seconds east 105.561 feet to the point of 19°36′46′′ East from the intersection of the ticipation in the project in accordance with origin. westerly highway boundary of Hamburg this section. (2) CEDAR BAYOU, TEXAS.—The project for Turnpike (66.0 feet wide) and the northerly (c) REIMBURSEMENT.—The Secretary may navigation, Cedar Bayou, Texas, authorized line of the City of Lackawanna (also being reimburse the non-Federal interest for the by the first section of the Act entitled ‘‘An the southerly line of the City of Buffalo); project described in subsection (a) for costs Act making appropriations for the construc- thence South 19°36′46′′ East along the west- incurred to mitigate overdredging. tion, repair, and preservation of certain pub- erly highway boundary of Hamburg Turnpike October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10267 (66.0 feet wide) a distance of 628.41 feet; (8) South 4°50′37′′ West a distance of 220.00 (10) North 22°35′00′′ West a distance of 150.00 thence along the westerly highway boundary feet; feet; of Hamburg Turnpike as appropriated by the (9) South 4°50′37′′ West a distance of 365.00 (11) North 16°35′00′′ West a distance of 420.00 New York State Department of Public Works feet; feet; as shown on Map No. 40–R2, Parcel No. 44 the (10) South 85°24′25′′ East a distance of 5.00 (12) North 21°l0′00′′ West a distance of 440.00 following 20 courses and distances: feet; feet; (1) South 10°00′07′′ East a distance of 164.30 (11) South 4°06′20′′ West a distance of 67.00 (13) North 17°55′00′′ West a distance of 340.00 feet; feet; feet; (2) South 18°40′45′′ East a distance of 355.00 (12) South 6°04′35′′ West a distance of 248.08 (14) North 28°05′00′′ West a distance of 375.00 feet; feet; feet; (3) South 71°23′35′′ West a distance of 2.00 (13) South 3°18′27′′ West a distance of 52.01 (15) North 16°25′00′′ West a distance of 585.00 feet; feet; feet; (4) South 18°40′45′′ East a distance of 223.00 (14) South 4°55′58′′ West a distance of 133.00 (16) North 22°10′00′′ West a distance of 160.00 feet; feet; feet; ° ′ ′′ (5) South 22°29′36′′ East a distance of 150.35 (15) North 85 24 25 West a distance of 1.00 (17) North 2°46′36′′ West a distance of 65.54 feet; feet; feet; ° ′ ′′ (6) South 18°40′45′′ East a distance of 512.00 (16) South 4 55 58 West a distance of 45.00 (18) North 16°01′08′′ West a distance of 70.04 feet; feet; feet; (17) North 85°24′25′′ West a distance of 7.00 (7) South 16°49′53′′ East a distance of 260.12 (19) North 49°07′00′′ West a distance of 79.00 feet; feet; feet; (18) South 4°56′12′′ West a distance of 90.00 (8) South 18°34′20′′ East a distance of 793.00 (20) North 19°16′00′′ West a distance of 425.00 feet. feet; feet; (9) South 71°23′35′′ West a distance of 4.00 Thence continuing along the westerly high- (21) North 16°37′00′′ West a distance of 285.00 feet; way boundary of Lake Shore Road as appro- feet; (10) South 18°13′24′′ East a distance of 132.00 priated by the New York State Department (22) North 25°20′00′′ West a distance of 360.00 feet; of Public Works as shown on Map No. 7, Par- feet; (11) North 71°23′35′′ East a distance of 4.67 cel No. 7 the following 2 courses and dis- (23) North 33°00′00′′ West a distance of 230.00 feet; tances: feet; (1) South 4°55′58′′ West a distance of 127.00 (12) South 18°30′00′′ East a distance of 38.00 (24) North 32°40′00′′ West a distance of 310.00 feet; feet; feet; (2) South 2°29′25′′ East a distance of 151.15 (13) South 71°23′35′′ West a distance of 4.86 (25) North 27°10′00′′ West a distance of 130.00 feet to a point on the westerly former high- feet; feet; way boundary of Lake Shore Road. (14) South 18°13′24′′ East a distance of 160.00 ° ′ ′′ Thence southerly along the westerly for- (26) North 23 20 00 West a distance of 315.00 feet; merly highway boundary of Lake Shore feet; ° ′ ′′ ° ′ ′′ (15) South 71 23 35 East a distance of 9.80 Road, South 4°35′35′′ West a distance of 148.90 (27) North 18 20 04 West a distance of 302.92 feet; feet; thence along the westerly highway feet; ° ′ ′′ ° ′ ′′ (16) South 18 36 25 East a distance of 159.00 boundary of Lake Shore Road as appro- (28) North 20 15 48 West a distance of 387.18 feet; priated by the New York State Department feet; (17) South 71°23′35′′ West a distance of 3.89 of Public Works as shown on Map No. 7, Par- (29) North 14°20′00′′ West a distance of 530.00 feet; cel No. 8 the following 3 courses and dis- feet; (18) South 18°34′20′′ East a distance of 180.00 tances: (30) North 16°40′00′′ West a distance of 260.00 feet; (1) South 55°34′35′′ West a distance of 12.55 feet; (19) South 20°56′05′′ East a distance of 138.11 feet; (31) North 28°35′00′′ West a distance of 195.00 feet; (2) South 4°35′35′′ West a distance of 118.50 feet; (20) South 22°53′55′′ East a distance of 272.45 feet; (32) North 18°30′00′′ West a distance of 170.00 feet to a point on the westerly highway (3) South 3°04′00′′ West a distance of 62.95 feet; boundary of Hamburg Turnpike. feet to a point on the south line of the lands (33) North 26°30′00′′ West a distance of 340.00 Thence southerly along the westerly high- of South Buffalo Railway Company. feet; ° ′ ′′ way boundary of Hamburg Turnpike, South Thence southerly and easterly along the (34) North 32 07 52 West a distance of 232.38 18°36′25′′ East, a distance of 2228.31 feet; lands of South Buffalo Railway Company the feet; ° ′ ′′ thence along the westerly highway boundary following 5 courses and distances: (35) North 30 04 26 West a distance of 17.96 of Hamburg Turnpike as appropriated by the (1) North 89°25′14′′ West a distance of 697.64 feet; ° ′ ′′ New York State Department of Public Works feet; (36) North 23 19 13 West a distance of 111.23 as shown on Map No. 27 Parcel No. 31 the fol- (2) along a curve to the left having a radius feet; ° ′ ′′ lowing 2 courses and distances: of 645.0 feet; a chord distance of 214.38 feet (37) North 7 07 58 West a distance of 63.90 (1) South 16°17′25′′ East a distance of 74.93 along a chord bearing of South 40°16′48′′ West, feet; feet; a distance of 215.38 feet; (38) North 8°11′02′′ West a distance of 378.90 (2) along a curve to the right having a ra- (3) South 30°42′49′′ West a distance of 76.96 feet; dius of 1004.74 feet; a chord distance of 228.48 feet; (39) North 15°01′02′′ West a distance of 190.64 feet along a chord bearing of South 08°12′16′′ (4) South 22°06′03′′ West a distance of 689.43 feet; East, a distance of 228.97 feet to a point on feet; (40) North 2°55′00′′ West a distance of 170.00 the westerly highway boundary of Hamburg (5) South 36°09′23′′ West a distance of 30.93 feet; Turnpike. feet to the northerly line of the lands of Buf- (41) North 6°45′00′′ West a distance of 240.00 feet; Thence southerly along the westerly high- falo Crushed Stone, Inc. (42) North 0°10′00′′ East a distance of 465.00 way boundary of Hamburg Turnpike, South Thence North 87°13′38′′ West a distance of feet; 4°35′35′′ West a distance of 940.87 feet; thence 2452.08 feet to the shore line of Lake Erie; ° ′ ′′ along the westerly highway boundary of thence northerly along the shore of Lake (43) North 2 00 38 West a distance of 378.58 Hamburg Turnpike as appropriated by the Erie the following 43 courses and distances: feet to the northerly line of Letters Patent New York State Department of Public Works (1) North 16°29′53′′ West a distance of 267.84 dated February 21, 1968 and recorded in the as shown on Map No. 1 Parcel No. 1 and Map feet; Erie County Clerk’s Office under Liber 7453 No. 5 Parcel No. 7 the following 18 courses (2) North 24°25′00′′ West a distance of 195.01 of Deeds at Page 45. and distances: feet; Thence North 71°23′35′′ East along the north (1) North 85°24′25′′ West a distance of 1.00 (3) North 26°45′00′′ West a distance of 250.00 line of the aforementioned Letters Patent a feet; feet; distance of 154.95 feet to the shore line; (2) South 7°01′17′′ West a distance of 170.15 (4) North 31°15′00′′ West a distance of 205.00 thence along the shore line the following 6 feet; feet; courses and distances: (3) South 5°02′54′′ West a distance of 180.00 (5) North 21°35′00′′ West a distance of 110.00 (1) South 80°14′01′′ East a distance of 119.30 feet; feet; feet; (4) North 85°24′25′′ West a distance of 3.00 (6) North 44°00′53′′ West a distance of 26.38 (2) North 46°15′13′′ East a distance of 47.83 feet; feet; feet; (5) South 5°02′54′′ West a distance of 260.00 (7) North 33°49′18′′ West a distance of 74.86 (3) North 59°53′02′′ East a distance of 53.32 feet; feet; feet; (6) South 5°09′11′′ West a distance of 110.00 (8) North 34°26′26′′ West a distance of 12.00 (4) North 38°20′43′′ East a distance of 27.31 feet; feet; feet; (7) South 0°34′35′′ West a distance of 110.27 (9) North 31°06′16′′ West a distance of 72.06 (5) North 68°12′46′′ East a distance of 48.67 feet; feet; feet; H10268 CONGRESSIONAL RECORD — HOUSE October 18, 2000 (6) North 26°11′47′′ East a distance of 11.48 this section is not occupied by permanent E838,001.348, thence running north 37 degrees feet to the northerly line of the aforemen- structures in accordance with the require- 49 minutes 04.5 seconds west feet to a point tioned Letters Patent. ments set out in subsection (c) of this sec- N605,480.960, E837,955.287, thence running Thence along the northerly line of said Let- tion, or if work in connection with any ac- south 64 degrees 52 minutes 33.9 seconds east ters Patent, North 71°23′35′′ East a distance tivity permitted in subsection (c) is not com- 33.823 feet to a point N605,466.600, E837,985.910, of 1755.19 feet; thence South 35°27′25′′ East a menced within 5 years after issuance of such thence running north 52 degrees 10 minutes distance of 35.83 feet to a point on the U.S. permits, then the declaration of nonnaviga- 55.5 seconds east 158.476 feet to the point of Harbor Line; thence, North 54°02′35′′ East bility for such area or part thereof shall ex- origin. along the U.S. Harbor Line a distance of pire. (6) SCITUATE HARBOR, MASSACHUSETTS.—The 200.00 feet; thence continuing along the U.S. SEC. 353. PROJECT DEAUTHORIZATIONS. portion of the project for navigation, Harbor Line, North 50°01′45′′ East a distance (a) IN GENERAL.—The following projects or Scituate Harbor, Massachusetts, authorized of 379.54 feet to the westerly line of the lands portions of projects are not authorized after by section 101 of the River and Harbor Act of of Gateway Trade Center, Inc.; thence along the date of enactment of this Act: 1954 (68 Stat. 1249), consisting of an 8-foot an- the lands of Gateway Trade Center, Inc. the (1) BLACK WARRIOR AND TOMBIGBEE RIVERS, chorage basin and described as follows: Be- following 27 courses and distances: JACKSON, ALABAMA.—The project for naviga- ginning at a point with coordinates (1) South 18°44′53′′ East a distance of 623.56 tion, Black Warrior and Tombigbee Rivers, N438,739.53, E810,354.75, thence running north- feet; vicinity of Jackson, Alabama, authorized by westerly about 200.00 feet to coordinates (2) South 34°33′00′′ East a distance of 200.00 section 106 of the Energy and Water Develop- N438,874.02, E810,206.72, thence running north- feet; ment Appropriations Act, 1987 (100 Stat. 3341– easterly about 400.00 feet to coordinates (3) South 26°18′55′′ East a distance of 500.00 199). N439,170.07, E810,475,70, thence running south- feet; (2) SACRAMENTO DEEP WATER SHIP CHANNEL, westerly about 447.21 feet to the point of ori- (4) South 19°06′40′′ East a distance of 1074.29 CALIFORNIA.—The portion of the project for gin. feet; navigation, Sacramento Deep Water Ship (7) DULUTH-SUPERIOR HARBOR, MINNESOTA (5) South 28°03′18′′ East a distance of 242.44 Channel, California, authorized by section AND WISCONSIN.—The portion of the project feet; 202(a) of the Water Resources Development for navigation, Duluth-Superior Harbor, (6) South 18°38′50′′ East a distance of 1010.95 Act of 1986 (100 Stat. 4092), beginning from Minnesota and Wisconsin, authorized by the feet; the confluence of the Sacramento River and first section of the Act entitled ‘‘An Act (7) North 71°20′51′′ East a distance of 90.42 the Barge Canal to a point 3,300 feet west of making appropriations for the construction, feet; the William G. Stone Lock western gate (in- repair, and preservation of certain public (8) South 18°49′20′′ East a distance of 158.61 cluding the William G. Stone Lock and the works on rivers and harbors, and for other feet; Bascule Bridge and Barge Canal). All waters purposes’’, approved June 3, 1896 (29 Stat. (9) South 80°55′10′′ East a distance of 45.14 within such portion of the project are de- 212), known as the 21st Avenue West Channel, feet; clared to be nonnavigable waters of the beginning at the most southeasterly point of (10) South 18°04′45′′ East a distance of 52.13 United States solely for purposes of the Gen- the channel N423074.09, E2871635.43 thence feet; eral Bridge Act of 1946 (33 U.S.C. 525 et seq.) running north-northwest about 1854.83 feet (11) North 71°07′23′′ East a distance of 102.59 and section 9 of the Act of March 3, 1899 (33 along the easterly limit of the project to a feet; U.S.C. 401), commonly known as the Rivers point N424706.69, E2870755.48, thence running (12) South 18°41′40′′ East a distance of 63.00 and Harbors Appropriation Act of 1899. northwesterly about 111.07 feet to a point on feet; (3) BAY ISLAND CHANNEL, QUINCY, ILLINOIS.— the northerly limit of the project N424777.27, (13) South 71°07′23′′ West a distance of 240.62 The access channel across Bay Island into E2870669.46, thence west-southwest 157.88 feet feet; Quincy Bay at Quincy, Illinois, constructed along the north limit of the project to a (14) South 18°38′50′′ East a distance of 668.13 under section 107 of the River and Harbor point N424703.04, E2870530.38, thence south- feet; Act of 1960 (33 U.S.C. 577). southeast 1978.27 feet to the most southwest- (15) North 71°28′46′′ East a distance of 958.68 (4) WARSAW BOAT HARBOR, ILLINOIS.—The erly point N422961.45, E2871469.07, thence feet; portion of the project for navigation, Illinois northeasterly 201.00 feet along the southern (16) North 18°42′31′′ West a distance of Waterway, Illinois and Indiana, authorized limit of the project to the point of origin. 1001.28 feet; by section 101 of the River and Harbor Act of (8) TREMLEY POINT, NEW JERSEY.—The por- (17) South 71°17′29′′ West a distance of 168.48 1962 (76 Stat. 1175), known as the Warsaw tion of the Federal navigation channel, New feet; Boat Harbor, Illinois. York and New Jersey Channels, New York (18) North 18°42′31′′ West a distance of 642.00 (5) ROCKPORT HARBOR, ROCKPORT, MASSA- and New Jersey, authorized by the first sec- feet; CHUSETTS.—The following portions of the tion of the Act entitled ‘‘An Act authorizing (19) North 71°17′37′′ East a distance of 17.30 project for navigation, Rockport Harbor, the construction, repair, and preservation of feet; Massachusetts, carried out under section 107 certain public works on rivers and harbors, (20) North 18°42′31′′ West a distance of 574.67 of the River and Harbor Act of 1960 (33 U.S.C. and for other purposes’’, approved August 30, feet; 577): 1935 (49 Stat. 1028), and modified by section (21) North 71°17′29′′ East a distance of 151.18 (A) The portion of the 10-foot harbor chan- 101 of the River and Harbor Act of 1950 (64 feet; nel the boundaries of which begin at a point Stat. 164), that consists of a 35-foot deep (22) North 18°42′31′′West a distance of 1156.43 with coordinates N605,741.948, E838,031.378, channel beginning at a point along the west- feet; thence running north 36 degrees 04 minutes ern limit of the authorized project, (23) North 71°29′21′′ East a distance of 569.24 40.9 seconds east 123.386 feet to a point N644100.411, E129256.91, thence running south- feet; N605,642.226, E838,104.039, thence running easterly about 38.25 feet to a point (24) North 18°30′39′′ West a distance of 314.71 south 05 degrees 08 minutes 35.1 seconds east N644068.885, E129278.565, thence running feet; 24.223 feet to a point N605,618.100, E838,106.210, southerly about 1,163.86 feet to a point (25) North 70°59′36′′ East a distance of 386.47 thence running north 41 degrees 05 minutes N642912.127, E129150.209, thence running feet; 10.9 seconds west 141.830 feet to a point southwesterly about 56.89 feet to a point (26) North 18°30′39′′ West a distance of 70.00 N605,725.000, E838,013.000, thence running N642864.09, E2129119.725, thence running feet; north 47 degrees 19 minutes 04.1 seconds east northerly along the existing western limit of (27) North 70°59′36′′ East a distance of 400.00 25.000 feet to the point of origin. the existing project to the point of origin. feet to the place or point of beginning. (B) The portion of the 8-foot north basin (9) ANGOLA, NEW YORK.—The project for Containing 1,142.958 acres. entrance channel the boundaries of which erosion protection, Angola Water Treatment (c) LIMITS ON APPLICABILITY; REGULATORY begin at a point with coordinates Plant, Angola, New York, constructed under REQUIREMENTS.—The declaration under sub- N605,742.699, E837,977.129, thence running section 14 of the Flood Control Act of 1946 (33 section (a) shall apply to those parts of the south 89 degrees 12 minutes 27.1 seconds east U.S.C. 701r). areas described in subsection (b) which are 54.255 feet to a point N605,741.948, E838,031.378, (10) WALLABOUT CHANNEL, BROOKLYN, NEW filled portions of Lake Erie. Any work on thence running south 47 degrees 19 minutes YORK.—The portion of the project for naviga- these filled portions is subject to all applica- 04.1 seconds west 25.000 feet to a point tion, Wallabout Channel, Brooklyn, New ble Federal statutes and regulations, includ- N605,725.000, E838,013.000, thence running York, authorized by the first section of the ing sections 9 and 10 of the Act of March 3, north 63 degrees 44 minutes 19.0 seconds west Act entitled ‘‘An Act making appropriations 1899 (30 Stat. 1151; 33 U.S.C. 401 and 403), com- 40.000 feet to the point of origin. for the construction, repair, and preserva- monly known as the River and Harbors Ap- (C) The portion of the 8-foot south basin tion of certain public works on rivers and propriation Act of 1899, section 404 of the anchorage the boundaries of which begin at a harbors, and for other purposes’’, approved Federal Water Pollution Control Act (33 point with coordinates N605,563.770, March 3, 1899 (30 Stat. 1124), that is located U.S.C. 1344), and the National Environmental E838,111.100, thence running south 05 degrees at the northeast corner of the project and is Policy Act of 1969. 08 minutes 35.1 seconds east 53.460 feet to a described as follows: (d) EXPIRATION DATE.—If, 20 years from the point N605,510.525, E838,115.892, thence run- Beginning at a point forming the northeast date of enactment of this Act, any area or ning south 52 degrees 10 minutes 55.5 seconds corner of the project and designated with the part thereof described in subsection (a) of west 145.000 feet to a point N605,421.618, coordinate of North N 682,307.40; East October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10269 638,918.10; thence along the following 6 Creek, Abrahams Creek, and various relief Agency, and other appropriate agencies, and courses and distances: culverts and penetrations through the levee. may include an evaluation of ecosystem pro- (A) South 85 degrees, 44 minutes, 13 sec- (c) CREDIT.—The Secretary shall credit the tection and restoration, flood damage reduc- onds East 87.94 feet (coordinate: N 682,300.86 Luzerne County Flood Protection Authority tion, navigation and port needs, watershed E 639,005.80). toward the non-Federal share of the cost of protection, water supply, and drought pre- (B) North 74 degrees, 41 minutes, 30 seconds the project for the value of the Forty-Fort paredness. East 271.54 feet (coordinate: N 682,372.55 E ponding basin area purchased after June 1, ‘‘(b) CONSULTATION.—The Secretary shall 639,267.71). 1972, by Luzerne County, Pennsylvania, for consult with Federal, tribal, State, inter- (C) South 4 degrees, 46 minutes, 02 seconds an estimated cost of $500,000 under section state, and local governmental entities in West 170.95 feet (coordinate: N 682,202.20 E 102(w) of the Water Resources Development carrying out the assessments authorized by 639,253.50). Act of 1992 (102 Stat. 508) to the extent that this section. In conducting the assessments, (D) South 4 degrees, 46 minutes, 02 seconds the Secretary determines that the area pur- the Secretary may accept contributions of West 239.97 feet (coordinate: N 681,963.06 E chased is integral to the project. services, materials, supplies and cash from 639,233.56). (d) MODIFICATION OF MITIGATION PLAN AND Federal, tribal, State, interstate, and local (E) North 50 degrees, 48 minutes, 26 seconds PROJECT COOPERATION AGREEMENT.— governmental entities where the Secretary West 305.48 feet (coordinate: N 682,156.10 E (1) MODIFICATION OF MITIGATION PLAN.—The determines that such contributions will fa- 638,996.80). Secretary shall provide for the deletion, cilitate completion of the assessments. (F) North 3 degrees, 33 minutes, 25 seconds from the Mitigation Plan for the Wyoming ‘‘(c) PRIORITY CONSIDERATION.—The Sec- East 145.04 feet (coordinate: N 682,300.86 E Valley Levees, approved by the Secretary on retary shall give priority consideration to 639,005.80). February 15, 1996, the proposal to remove the the following interstate river basins and wa- (b) ROCKPORT HARBOR, MASSACHUSETTS.— abandoned Bloomsburg Railroad Bridge. tersheds: The project for navigation, Rockport Harbor, (2) MODIFICATION OF PROJECT COOPERATION ‘‘(1) Delaware River. Massachusetts, carried out under section 107 AGREEMENT.—The Secretary shall modify the ‘‘(2) Potomac River. of the River and Harbor Act of 1960 (33 U.S.C. project cooperation agreement, executed in ‘‘(3) Susquehanna River. 577), is modified— October 1996, to reflect removal of the rail- ‘‘(4) Kentucky River. (1) to redesignate a portion of the 8-foot road bridge and its $1,800,000 total cost from ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— north outer anchorage as part of the 8-foot the mitigation plan under paragraph (1). There is authorized to be appropriated to approach channel to the north inner basin (e) MAXIMUM PROJECT COST.—The total carry out this section $15,000,000.’’. described as follows: the perimeter of the cost of the project, as modified by this sec- SEC. 403. LOWER MISSISSIPPI RIVER RESOURCE area starts at a point with coordinates tion, shall not exceed the amount authorized ASSESSMENT. N605,792.110, E838,020.009, thence running in section 401(a) of the Water Resources De- (a) ASSESSMENTS.—The Secretary, in co- south 89 degrees 12 minutes 27.1 seconds east velopment Act of 1986 (100 Stat. 4124), with operation with the Secretary of the Interior 64.794 feet to a point N605,791.214, E838,084.797, increases authorized by section 902 of the and the States of Arkansas, Illinois, Ken- thence running south 47 degrees 18 minutes Water Resources Development Act of 1986 tucky, Louisiana, Mississippi, Missouri, and 54.0 seconds west 40.495 feet to a point (100 Stat. 4183). Tennessee, shall undertake, at Federal ex- N605,763.760, E838,055.030, thence running SEC. 355. REHOBOTH BEACH AND DEWEY BEACH, pense, for the Lower Mississippi River sys- north 68 degrees 26 minutes 49.0 seconds west DELAWARE. tem— 43.533 feet to a point N605,779.750, E838,014.540, The project for storm damage reduction (1) an assessment of information needed for thence running north 23 degrees 52 minutes and shoreline protection, Rehoboth Beach river-related management; 08.4 seconds east 13.514 feet to the point of or- and Dewey Beach, Delaware, authorized by (2) an assessment of natural resource habi- igin; and section 101(b)(6) of the Water Resources de- tat needs; and (2) to realign a portion of the 8-foot north velopment Act of 1996, is modified to author- (3) an assessment of the need for river-re- inner basin approach channel by adding an ize the project at a total cost of $13,997,000, lated recreation and access. area described as follows: the perimeter of with an estimated Federal cost of $9,098,000 (b) PERIOD.—Each assessment referred to the area starts at a point with coordinates and an estimated non-Federal cost of in subsection (a) shall be carried out for 2 N605,792.637, E837,981.920, thence running $4,899,000, and an estimated average annual years. (c) REPORTS.—Before the last day of the south 89 degrees 12 minutes 27.1 seconds east cost of $1,320,000 for periodic nourishment second year of an assessment under sub- 38.093 feet to a point N605,792.110, E838,020.009, over the 50-year life of the project, with an section (a), the Secretary, in cooperation thence running south 23 degrees 52 minutes estimated annual Federal cost of $858,000 and with the Secretary of the Interior and the 08.4 seconds west 13.514 feet to a point an estimated annual non-Federal cost of States of Arkansas, Illinois, Kentucky, Lou- N605,779.752, E838,014.541, thence running $462,000. isiana, Mississippi, Missouri, and Tennessee, north 68 degrees 26 minutes 49.0 seconds west TITLE IV—STUDIES shall transmit to Congress a report on the 35.074 feet to the point of origin. SEC. 401. STUDIES OF COMPLETED PROJECTS. results of the assessment to Congress. The SEC. 354. WYOMING VALLEY, PENNSYLVANIA. The Secretary shall conduct a study under report shall contain recommendations for— (a) IN GENERAL.—The project for flood con- section 216 of the Flood Control Act of 1970 (1) the collection, availability, and use of trol, Wyoming Valley, Pennsylvania, author- (84 Stat. 1830) of each of the following com- information needed for river-related manage- ized by section 401(a) of the Water Resources pleted projects: ment; Development Act of 1986 (100 Stat. 4124) is (1) ESCAMBIA BAY AND RIVER, FLORIDA.— (2) the planning, construction, and evalua- modified as provided in this section. Project for navigation, Escambia Bay and tion of potential restoration, protection, and (b) ADDITIONAL PROJECT ELEMENTS.—The River, Florida. enhancement measures to meet identified Secretary shall construct each of the fol- (2) ILLINOIS RIVER, HAVANA, ILLINOIS.— habitat needs; and lowing additional elements of the project to Project for flood control, Illinois River, Ha- (3) potential projects to meet identified the extent that the Secretary determines vana, Illinois, authorized by section 5 of the river access and recreation needs. that the element is technically feasible, en- Flood Control Act of June 22, 1936 (49 Stat. (d) LOWER MISSISSIPPI RIVER SYSTEM DE- vironmentally acceptable, and economically 1583). FINED.—In this section, the term ‘‘Lower justified: (3) SPRING LAKE, ILLINOIS.—Project for Mississippi River system’’ means those river (1) The River Commons plan developed by flood control, Spring Lake, Illinois, author- reaches and adjacent floodplains within the the non-Federal sponsor for both sides of the ized by section 5 of the Flood Control Act of Lower Mississippi River alluvial valley hav- Susquehanna River beside historic downtown June 22, 1936 (49 Stat. 1584). ing commercial navigation channels on the Wilkes-Barre. (4) PORT ORFORD, OREGON.—Project for Mississippi mainstem and tributaries south (2) Necessary portal modifications to the flood control, Port Orford, Oregon, author- of Cairo, Illinois, and the Atchafalaya basin project to allow at grade access from Wilkes- ized by section 301 of River and Harbor Act of floodway system. Barre to the Susquehanna River to facilitate 1965 (79 Stat. 1092). (e) AUTHORIZATION OF APPROPRIATIONS.— operation, maintenance, replacement, repair, SEC. 402. WATERSHED AND RIVER BASIN ASSESS- There is authorized to be appropriated and rehabilitation of the project and to re- MENTS. $1,750,000 to carry out this section. store access to the Susquehanna River for Section 729 of the Water Resources Devel- SEC. 404. UPPER MISSISSIPPI RIVER BASIN SEDI- the public. opment Act of 1986 (100 Stat. 4164) is amended MENT AND NUTRIENT STUDY. (3) A concrete capped sheet pile wall in lieu to read as follows: (a) IN GENERAL.—The Secretary shall con- of raising an earthen embankment to reduce ‘‘SEC. 729. WATERSHED AND RIVER BASIN AS- duct, at Federal expense, a study— the disturbance to the Historic River Com- SESSMENTS. (1) to identify significant sources of sedi- mons area. ‘‘(a) IN GENERAL.—The Secretary may as- ment and nutrients in the Upper Mississippi (4) All necessary modifications to the sess the water resources needs of interstate River basin; and Stormwater Pump Stations in Wyoming Val- river basins and watersheds of the United (2) to describe and evaluate the processes ley. States. The assessments shall be undertaken by which the sediments and nutrients move, (5) All necessary evaluations and modifica- in cooperation and coordination with the De- on land and in water, from their sources to tions to all elements of the existing flood partments of the Interior, Agriculture, and the Upper Mississippi River and its tribu- control projects to include Coal Creek, Toby Commerce, the Environmental Protection taries. H10270 CONGRESSIONAL RECORD — HOUSE October 18, 2000

(b) CONSULTATION.—In conducting the SEC. 410. LAGUNA CREEK, FREMONT, CALI- SEC. 418. CHICAGO SANITARY AND SHIP CANAL study, the Secretary shall consult the De- FORNIA. SYSTEM, CHICAGO, ILLINOIS. partments of Agriculture and the Interior. The Secretary shall conduct a study to de- The Secretary shall conduct a study to de- (c) COMPONENTS OF THE STUDY.— termine the feasibility of carrying out a termine the advisability of reducing the use (1) COMPUTER MODELING.—As part of the project for flood damage reduction in the La- of the waters of Lake Michigan to support study, the Secretary shall develop computer guna Creek watershed, Fremont, California. navigation in the Chicago sanitary and ship models at the subwatershed and basin level SEC. 411. LAKE MERRITT, OAKLAND, CALIFORNIA. canal system, Chicago, Illinois. to identify and quantify the sources of sedi- The Secretary shall conduct a study to de- SEC. 419. LONG LAKE, INDIANA. ment and nutrients and to examine the effec- termine the feasibility of carrying out a The Secretary shall conduct a study to de- tiveness of alternative management meas- project for ecosystem restoration, flood dam- termine the feasibility of carrying out a ures. age reduction, and recreation at Lake Mer- project for environmental restoration and (2) RESEARCH.—As part of the study, the ritt, Oakland, California. protection, Long Lake, Indiana. Secretary shall conduct research to improve SEC. 412. LANCASTER, CALIFORNIA. SEC. 420. BRUSH AND ROCK CREEKS, MISSION understanding of— (a) IN GENERAL.—The Secretary shall HILLS AND FAIRWAY, KANSAS. (A) the processes affecting sediment and evaluate the report of the city of Lancaster, (a) IN GENERAL.—The Secretary shall nutrient (with emphasis on nitrogen and California, entitled ‘‘Master Plan of Drain- evaluate the preliminary engineering report phosphorus) movement; age’’, to determine whether the plans con- for the project for flood control, Mission (B) the influences of soil type, slope, cli- tained in the report are feasible and in the Hills and Fairway, Kansas, entitled ‘‘Pre- mate, vegetation cover, and modifications to Federal interest, including plans relating to liminary Engineering Report: Brush Creek/ the stream drainage network on sediment drainage corridors located at 52nd Street Rock Creek Drainage Improvements, 66th and nutrient losses; and West, 35th Street West, North Armargosa, Street to State Line Road’’, to determine (C) river hydrodynamics in relation to and 20th Street East. whether the plans contained in the report sediment and nutrient transformations, re- (b) REPORT.—Not later than September 30, are feasible and in the Federal interest. tention, and movement. 2001, the Secretary shall transmit to Con- (b) REPORT.—Not later than September 30, (d) USE OF INFORMATION.—Upon request of gress a report on the results of the evalua- 2001, the Secretary shall transmit to Con- a Federal agency, the Secretary may provide tion. gress a report on the results of the evalua- information to the agency for use in sedi- SEC. 413. NAPA COUNTY, CALIFORNIA. tion. ment and nutrient reduction programs asso- (a) STUDY.—The Secretary shall conduct a SEC. 421. COASTAL AREAS OF LOUISIANA. ciated with land use and land management study to determine the feasibility of car- The Secretary shall conduct a study to de- practices. rying out a project to address water supply, termine the feasibility of developing meas- (e) REPORT TO CONGRESS.—Not later than 3 water quality, and groundwater problems at ures to floodproof major hurricane evacu- years after the date of enactment of this Miliken, Sarco, and Tulocay Creeks in Napa ation routes in the coastal areas of Lou- Act, the Secretary shall transmit to Con- County, California. isiana. gress a report on the results of the study, in- (b) USE OF EXISTING DATA.—In conducting SEC. 422. IBERIA PORT, LOUISIANA. cluding findings and recommendations. the study, the Secretary shall use data and (f) AUTHORIZATION OF APPROPRIATIONS.— The Secretary shall conduct a study to de- information developed by the United States There is authorized to be appropriated to termine the feasibility of carrying out a Geological Survey in the report entitled carry out this section $10,000,000. project for navigation, Iberia Port, Lou- ‘‘Geohydrologic Framework and Hydrologic SEC. 405. UPPER MISSISSIPPI RIVER COM- isiana. PREHENSIVE PLAN. Budget of the Lower Miliken-Sarco-Tulocay SEC. 423. LAKE PONTCHARTRAIN SEAWALL, LOU- Section 459(e) of the Water Resources De- Creeks Area of Napa, California’’. ISIANA. velopment Act of 1999 (113 Stat. 333) is SEC. 414. OCEANSIDE, CALIFORNIA. Not later than 180 days after the date of amended by striking ‘‘date of enactment of The Secretary shall conduct a study, at enactment of this Act, the Secretary shall this Act’’ and inserting ‘‘first date on which Federal expense, to determine the feasibility complete a post-authorization change report funds are appropriated to carry out this sec- of carrying out a project for shoreline pro- on the project for hurricane-flood protection, tion.’’. tection at Oceanside, California. In con- Lake Pontchartrain, Louisiana, authorized SEC. 406. OHIO RIVER SYSTEM. ducting the study, the Secretary shall deter- by section 204 of the Flood Control Act of The Secretary may conduct a study of mine the portion of beach erosion that is the 1965 (79 Stat. 1077), to incorporate and ac- commodity flows on the Ohio River system result of a Navy navigation project at Camp complish structural modifications to the at Federal expense. The study shall include Pendleton Harbor, California. seawall providing protection along the south an analysis of the commodities transported SEC. 415. SUISUN MARSH, CALIFORNIA. shore of Lake Pontchartrain from the New on the Ohio River system, including informa- The investigation for Suisun Marsh, Cali- Basin Canal on the west to the Inner Harbor tion on the origins and destinations of these fornia, authorized under the Energy and Navigation Canal on the east. commodities and market trends, both na- Water Development Appropriations Act, 2000 SEC. 424. LOWER ATCHAFALAYA BASIN, LOU- tional and international. (Public Law 106–60), shall be limited to eval- ISIANA. SEC. 407. EASTERN ARKANSAS. uating the feasibility of the levee enhance- As part of the Lower Atchafalaya basin re- (a) IN GENERAL.—The Secretary shall re- ment and managed wetlands protection pro- evaluation study, the Secretary shall deter- evaluate the recommendations in the East- gram for Suisun Marsh, California. mine the feasibility of carrying out a project ern Arkansas Region Comprehensive Study SEC. 416. LAKE ALLATOONA WATERSHED, GEOR- for flood damage reduction, Stephensville, of the Memphis District Engineer, dated Au- GIA. Louisiana. gust 1990, to determine whether the plans Section 413 of the Water Resources Devel- SEC. 425. ST. JOHN THE BAPTIST PARISH, LOU- outlined in the study for agricultural water opment Act of 1999 (113 Stat. 324) is amended ISIANA. supply from the Little Red River, Arkansas, to read as follows: The Secretary shall conduct a study to de- are feasible and in the Federal interest. ‘‘SEC. 413. LAKE ALLATOONA WATERSHED, GEOR- termine the feasibility of carrying out a (b) REPORT.—Not later than September 30, GIA. project for flood damage reduction on the 2001, the Secretary shall transmit to Con- ‘‘(a) IN GENERAL.—The Secretary shall con- east bank of the Mississippi River in St. gress a report on the results of the reevalua- duct a comprehensive study of the Lake John the Baptist Parish, Louisiana. tion. Allatoona watershed, Georgia, to determine SEC. 426. LAS VEGAS VALLEY, NEVADA. SEC. 408. RUSSELL, ARKANSAS. the feasibility of undertaking ecosystem res- Section 432(b) of the Water Resources De- (a) IN GENERAL.—The Secretary shall toration and resource protection measures. velopment Act of 1999 (113 Stat. 327) is evaluate the preliminary investigation re- ‘‘(b) MATTERS TO BE ADDRESSED.—The amended by inserting ‘‘recreation,’’ after port for agricultural water supply, Russell, study shall address streambank and shore- ‘‘runoff),’’. Arkansas, entitled ‘‘Preliminary Investiga- line erosion, sedimentation, water quality, SEC. 427. SOUTHWEST VALLEY, ALBUQUERQUE, tion: Lone Star Management Project’’, pre- fish and wildlife habitat degradation and NEW MEXICO. pared for the Lone Star Water Irrigation Dis- other problems relating to ecosystem res- Section 433 of the Water Resources Devel- trict, to determine whether the plans con- toration and resource protection in the Lake opment Act of 1999 (113 Stat. 327) is amend- tained in the report are feasible and in the Allatoona watershed.’’. ed— Federal interest. SEC. 417. CHICAGO RIVER, CHICAGO, ILLINOIS. (1) by inserting ‘‘(a) IN GENERAL.—’’ before (b) REPORT.—Not later than September 30, (a) IN GENERAL.—The Secretary shall con- ‘‘The’’; and 2001, the Secretary shall transmit to Con- duct a study to determine the feasibility of (2) by adding at the end the following: gress a report on the results of the evalua- carrying out a project for shoreline protec- ‘‘(b) EVALUATION OF FLOOD DAMAGE REDUC- tion. tion along the Chicago River, Chicago, Illi- TION MEASURES.—In conducting the study, SEC. 409. ESTUDILLO CANAL, SAN LEANDRO, nois. the Secretary shall evaluate flood damage CALIFORNIA. (b) CONSULTATION.—In conducting the reduction measures that would otherwise be The Secretary shall conduct a study to de- study, the Secretary shall consult, and in- excluded from the feasibility analysis based termine the feasibility of carrying out a corporate information available from, appro- on policies of the Corps of Engineers con- project for flood damage reduction along the priate Federal, State, and local government cerning the frequency of flooding, the drain- Estudillo Canal, San Leandro, California. agencies. age area, and the amount of runoff.’’. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10271 SEC. 428. BUFFALO HARBOR, BUFFALO, NEW whether carried out before or after execution consistent with the Federal navigation inter- YORK. of the feasibility study cost-sharing agree- est, the Secretary shall reimburse the non- (a) IN GENERAL.—The Secretary shall con- ment if the Secretary determines the work is Federal interest an amount equal to the Fed- duct a study to determine the advisability necessary for completion of the study; and eral share of the cost of construction of the and potential impacts of declaring as non- (2) for the purposes of paragraph (1), shall channel. navigable a portion of the channel at Control consider the feasibility study to be con- SEC. 502. DUCK RIVER, CULLMAN, ALABAMA. Point Draw, Buffalo Harbor, Buffalo New ducted as part of the Memphis Metro Ten- The Secretary shall provide technical as- York. nessee and Mississippi study authorized by sistance to the city of Cullman, Alabama, in (b) CONTENTS.—The study conducted under resolution of the Committee on Transpor- the management of construction contracts this section shall include an examination of tation and Infrastructure, dated March 7, for the reservoir project on the Duck River. other options to meet intermodal transpor- 1996. SEC. 503. SEWARD, ALASKA. tation needs in the area. (c) LIMITATION.—The Secretary may not re- The Secretary shall carry out, on an emer- SEC. 429. HUDSON RIVER, MANHATTAN, NEW ject the project under the feasibility study gency one-time basis, necessary repairs of YORK. based solely on a minimum amount of the Lowell Creek Tunnel in Seward, Alaska, (a) IN GENERAL.—The Secretary shall con- stream runoff. at Federal expense and a total cost of duct a study to determine the feasibility of SEC. 436. HOUSTON SHIP CHANNEL, GALVESTON, $3,000,000. establishing a Hudson River Park in Manhat- TEXAS. SEC. 504. AUGUSTA AND DEVALLS BLUFF, ARKAN- tan, New York City, New York. The study The Secretary shall conduct a study to de- SAS. shall address the issues of shoreline protec- termine the feasibility of constructing barge (a) IN GENERAL.—The Secretary may oper- tion, environmental protection and restora- lanes adjacent to the Houston Ship Channel ate, maintain, and rehabilitate 37 miles of tion, recreation, waterfront access, and open from Redfish Reef to Morgan Point in Gal- levees in and around Augusta and Devalls space for the area between Battery Place and veston, Texas. Bluff, Arkansas. (b) REIMBURSEMENT.—After incurring any West 59th Street. SEC. 437. PARK CITY, UTAH. cost for operation, maintenance, or rehabili- (b) CONSULTATION.—In conducting the The Secretary shall conduct a study to de- tation under subsection (a), the Secretary study under subsection (a), the Secretary termine the feasibility of carrying out a may seek reimbursement from the Secretary shall consult the Hudson River Park Trust. project for water supply, Park City, Utah. EPORT of the Interior of an amount equal to the (c) R .—Not later than 1 year after SEC. 438. MILWAUKEE, WISCONSIN. the date of enactment of this section, the portion of such cost that the Secretary de- (a) IN GENERAL.—The Secretary shall Secretary shall transmit to Congress a re- termines is a benefit to a Federal wildlife evaluate the report for the project for flood port on the result of the study, including a refuge. damage reduction and environmental res- master plan for the park. SEC. 505. BEAVER LAKE, ARKANSAS. toration, Milwaukee, Wisconsin, entitled The contract price for additional storage SEC. 430. JAMESVILLE RESERVOIR, ONONDAGA ‘‘Interim Executive Summary: Menominee COUNTY, NEW YORK. for the Carroll-Boone Water District beyond River Flood Management Plan’’, dated Sep- that which is provided for in section 521 of The Secretary shall conduct a study to de- tember 1999, to determine whether the plans termine the feasibility of carrying out a the Water Resources Development Act of contained in the report are cost-effective, 1999 (113 Stat. 345) shall be based on the origi- project for aquatic ecosystem restoration, technically sound, environmentally accept- flood damage reduction, and water quality, nal construction cost of Beaver Lake and ad- able, and in the Federal interest. justed to the 2000 price level net of inflation Jamesville Reservoir, Onondaga County, (b) REPORT.—Not later than September 30, New York. between the date of initiation of construc- 2001, the Secretary shall transmit to Con- tion and the date of enactment of this Act. SEC. 431. STEUBENVIILLE, OHIO. gress a report on the results of the evalua- SEC. 506. MCCLELLAN-KERR ARKANSAS RIVER The Secretary shall conduct a study to de- tion. NAVIGATION SYSTEM, ARKANSAS termine the feasibility of developing a public SEC. 439. UPPER DES PLAINES RIVER AND TRIBU- AND OKLAHOMA. port along the Ohio River in the vicinity of TARIES, ILLINOIS AND WISCONSIN. Taking into account the need to realize the Steubenville, Ohio. Section 419 of the Water Resources Devel- total economic potential of the McClellan- SEC. 432. GRAND LAKE, OKLAHOMA. opment Act of 1999 (113 Stat. 324–325) is Kerr Arkansas River navigation system, the Section 560(a) of the Water Resources De- amended by adding at the end the following: Secretary shall expedite completion of the velopment Act of 1996 (110 Stat. 3783) is ‘‘(d) CREDIT.—The Secretary shall provide Arkansas River navigation study, including amended— the non-Federal interest credit toward the the feasibility of increasing the authorized (1) by striking ‘‘date of enactment of this non-Federal share of the cost of the study for channel from 9 feet to 12 feet and, if justi- Act’’ and inserting ‘‘date of enactment of the work performed by the non-Federal interest fied, proceed directly to project Water Resources Development Act of 2000’’; before the date of the study’s feasibility preconstruction engineering and design.± and cost-share agreement if the Secretary deter- SEC. 507. CALFED BAY DELTA PROGRAM ASSIST- (2) by inserting ‘‘and Miami’’ after ‘‘Pensa- mines that the work is integral to the ANCE, CALIFORNIA. cola Dam’’. study.’’. (a) IN GENERAL.—The Secretary may par- SEC. 433. COLUMBIA SLOUGH, OREGON. SEC. 440. DELAWARE RIVER WATERSHED. ticipate with appropriate Federal and State Not later than 180 days after the date of (a) STUDY.—The Secretary shall conduct agencies in planning and management ac- enactment of this Act, the Secretary shall studies and assessments to analyze the tivities associated with the CALFED Bay complete under section 1135 of the Water Re- sources and impacts of sediment contamina- Delta Program (in this section referred to as source Development Act of 1986 (33 U.S.C. tion in the Delaware River watershed. the ‘‘Program’’) and shall, to the maximum 2309a) a feasiblility study for the ecosystem (b) ACTIVITIES.—Activities authorized extent practicable and in accordance with all restoration project at Columbia Slough, Or- under this section shall be conducted by a applicable laws, integrate the activities of egon. If the Secretary determines that the university with expertise in research in con- the Corps of Engineers in the San Joaquin project is feasible, the Secretary may carry taminated sediment sciences. and Sacramento River basins with the long- out the project on an expedited basis under (c) AUTHORIZATION OF APPROPRIATIONS.— term goals of the Program. (b) COOPERATIVE ACTIVITIES.—In carrying such section. (1) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to the out this section, the Secretary— SEC. 434. REEDY RIVER, GREENVILLE, SOUTH (1) may accept and expend funds from CAROLINA. Secretary to carry out this section $5,000,000. Such sums shall remain available until ex- other Federal agencies and from public, pri- The Secretary shall conduct a study to de- vate, and non-profit entities to carry out termine the feasibility of carrying out a pended. (2) CORPS OF ENGINEERS EXPENSES.—10 per- ecosystem restoration projects and activities project for aquatic ecosystem restoration, associated with the Program; and flood damage reduction, and streambank sta- cent of the amounts appropriated to carry out this section may be used by the Corps of (2) may enter into contracts, cooperative bilization on the Reedy River, Cleveland research and development agreements, and Park West, Greenville, South Carolina. Engineers district offices to administer and implement studies and assessments under cooperative agreements, with Federal and SEC. 435. GERMANTOWN, TENNESSEE. this section. public, private, and non-profit entities to (a) IN GENERAL.—The Secretary shall con- carry out such projects and activities. duct a study to determine the feasibility of TITLE V—MISCELLANEOUS PROVISIONS (c) GEOGRAPHIC SCOPE.—For the purposes carrying out a project for flood control and SEC. 501. BRIDGEPORT, ALABAMA. of the participation of the Secretary under related purposes along Miller Farms Ditch, (a) DETERMINATION.—The Secretary shall this section, the geographic scope of the Pro- Howard Road Drainage, and Wolf River Lat- review the construction of a channel per- gram shall be the San Francisco Bay and the eral D, Germantown, Tennessee. formed by the non-Federal interest at the Sacramento-San Joaquin Delta Estuary and (b) COST SHARING.—The Secretary— project for navigation, Tennessee River, their watershed (also known as the ‘‘Bay- (1) shall credit toward the non-Federal Bridgeport, Alabama, to determine the Fed- Delta Estuary’’), as identified in the agree- share of the costs of the feasibility study the eral navigation interest in such work. ment entitled the ‘‘Framework Agreement value of the in-kind services provided by the (b) REIMBURSEMENT.—If the Secretary de- Between the Governor’s Water Policy Coun- non-Federal interests relating to the plan- termines under subsection (a) that the work cil of the State of California and the Federal ning, engineering, and design of the project, performed by the non-Federal interest is Ecosystem Directorate’’. H10272 CONGRESSIONAL RECORD — HOUSE October 18, 2000

(d) AUTHORIZATION OF APPROPRIATIONS.— retary, in cooperation with the San Gabriel of the Water Resources Development Act of There is authorized to be appropriated to Basin Water Quality Authority or its suc- 1996 (110 Stat. 3683), to determine the eligi- carry out this section $5,000,000 for fiscal cessor agency. bility of such elements for reimbursement years 2002 through 2005. (3) PURPOSES OF FUND.— under section 211 of such Act (33 U.S.C. 701b– SEC. 508. CLEAR LAKE BASIN, CALIFORNIA. (A) IN GENERAL.—Subject to subparagraph 13). If the Secretary determines that such Amounts made available to the Secretary (B), the amounts in the Restoration Fund, elements are technically sound, environ- by the Energy and Water Appropriations including interest accrued, shall be utilized mentally acceptable, and economically justi- Act, 2000 (113 Stat. 483 et seq.) for the project by the Secretary— fied, the Secretary shall reimburse under for aquatic ecosystem restoration, Clear (i) to design and construct water quality section 211 of such Act the non-Federal in- Lake basin, California, to be carried out projects to be administered by the San Ga- terest for the Federal share of the cost of under section 206 of the Water Resources De- briel Basin Water Quality Authority and the such elements. velopment Act of 1996 (33 U.S.C. 2330), may Central Basin Water Quality Project to be SEC. 516. PORT EVERGLADES, FLORIDA. only be used for the wetlands restoration and administered by the Central Basin Municipal Notwithstanding the absence of a project creation elements of the project. Water District; and cooperation agreement, the Secretary shall reimburse the non-Federal interest for the SEC. 509. CONTRA COSTA CANAL, OAKLEY AND (ii) to operate and maintain any project KNIGHTSEN, CALIFORNIA. constructed under this section for such pe- project for navigation, Port Everglades Har- bor, Florida, $15,003,000 for the Federal share The Secretary shall carry out a project for riod as the Secretary determines, but not to of costs incurred by the non-Federal interest flood damage reduction under section 205 of exceed 10 years, following the initial date of in carrying out the project and determined the Flood Control Act of 1948 (33 U.S.C. 701s) operation of the project. by the Secretary to be eligible for reimburse- at the Contra Costa Canal, Oakley and (B) COST-SHARING LIMITATION.—The Sec- ment under the limited reevaluation report Knightsen, California, if the Secretary deter- retary may not obligate any funds appro- of the Corps of Engineers, dated April 1998. mines that the project is technically sound, priated to the Restoration Fund in a fiscal environmentally acceptable, and economi- year until the Secretary has deposited in the SEC. 517. FLORIDA KEYS WATER QUALITY IM- PROVEMENTS. cally justified. Fund an amount provided by non-Federal in- terests sufficient to ensure that at least 35 (a) IN GENERAL.—In coordination with the SEC. 510. HUNTINGTON BEACH, CALIFORNIA. percent of any funds obligated by the Sec- Florida Keys Aqueduct Authority, appro- The Secretary shall carry out under sec- retary are from funds provided to the Sec- priate agencies of municipalities of Monroe tion 205 of the Flood Control Act of 1948 (33 retary by the non-Federal interests. The San County, Florida, and other appropriate pub- U.S.C. 701s) a project for flood damage reduc- Gabriel Basin Water Quality Authority shall lic agencies of the State of Florida or Mon- tion in Huntington Beach, California, if the be responsible for providing the non-Federal roe County, the Secretary may provide tech- Secretary determines that the project is amount required by the preceding sentence. nical and financial assistance to carry out technically sound, environmentally accept- The State of California, local government projects for the planning, design, and con- able, and economically justified. agencies, and private entities may provide struction of treatment works to improve SEC. 511. MALLARD SLOUGH, PITTSBURG, CALI- all or any portion of such amount. water quality in the Florida Keys National FORNIA. (b) COMPLIANCE WITH APPLICABLE LAW.—In Marine Sanctuary. (b) CRITERIA FOR PROJECTS.—Before enter- The Secretary shall carry out under sec- carrying out the activities described in this ing into a cooperation agreement to provide tion 205 of the Flood Control Act of 1948 (33 section, the Secretary shall comply with any assistance with respect to a project under U.S.C. 701s) a project for flood damage reduc- applicable Federal and State laws. this section, the Secretary shall ensure tion in Mallard Slough, Pittsburg, Cali- (c) RELATIONSHIP TO OTHER ACTIVITIES.— that— fornia, if the Secretary determines that the Nothing in this section shall be construed to (1) the non-Federal sponsor has completed project is technically sound, environ- affect other Federal or State authorities adequate planning and design activities, as mentally acceptable, and economically justi- that are being used or may be used to facili- applicable; fied. tate the cleanup and protection of the San (2) the non-Federal sponsor has completed SEC. 512. PENN MINE, CALAVERAS COUNTY, CALI- Gabriel and Central groundwater basins. In a financial plan identifying sources of non- FORNIA. carrying out the activities described in this Federal funding for the project; (a) IN GENERAL.—The Secretary shall reim- section, the Secretary shall integrate such (3) the project complies with— burse the non-Federal interest for the activities with ongoing Federal and State (A) applicable growth management ordi- project for aquatic ecosystem restoration, projects and activities. None of the funds nances of Monroe County, Florida; Penn Mine, Calaveras County, California, made available for such activities pursuant (B) applicable agreements between Monroe carried out under section 206 of the Water to this section shall be counted against any County, Florida, and the State of Florida to Resources Development Act of 1996 (33 U.S.C. Federal authorization ceiling established for manage growth in Monroe County, Florida; 2330), $4,100,000 for the Federal share of costs any previously authorized Federal projects and incurred by the non-Federal interest for or activities. (C) applicable water quality standards; and work carried out by the non-Federal interest (d) AUTHORIZATION OF APPROPRIATIONS.— (4) the project is consistent with the mas- for the project. (1) IN GENERAL.—There is authorized to be ter wastewater and stormwater plans for (b) SOURCE OF FUNDING.—Reimbursement appropriated to the Restoration Fund estab- Monroe County, Florida. under subsection (a) shall be from amounts lished under subsection (a) $85,000,000. Such (c) CONSIDERATION.—In selecting projects appropriated before the date of enactment of funds shall remain available until expended. under subsection (a), the Secretary shall this Act for the project described in sub- (2) SET-ASIDE.—Of the amounts appro- consider whether a project will have substan- section (a). priated under paragraph (1), no more than tial water quality benefits relative to other SEC. 513. PORT OF SAN FRANCISCO, CALIFORNIA. $10,000,000 shall be available to carry out the projects under consideration. (a) EMERGENCY MEASURES.—The Secretary Central Basin Water Quality Project. (d) CONSULTATION.—In carrying out this shall carry out, on an emergency basis, (e) ADJUSTMENT.—Of the $25,000,000 made section, the Secretary shall consult with— measures to address health, safety, and envi- available for San Gabriel Basin Groundwater (1) the Water Quality Steering Committee ronmental risks posed by floatables and Restoration, California, under the heading established under section 8(d)(2)(A) of the floating debris originating from Piers 24 and ‘‘Construction, General’’ in title I of the En- Florida Keys National Marine Sanctuary and 64 in the Port of San Francisco, California, ergy and Water Development Appropriations Protection Act (106 Stat. 5054); by removing such floatables and debris. Act, 2001— (2) the South Florida Ecosystem Restora- (b) STUDY.—The Secretary shall conduct a (1) $2,000,000 shall be available only for tion Task Force established by section 528(f) study to determine the risk to navigation studies and other investigative activities and of the Water Resources Development Act of posed by floatables and floating debris origi- planning and design of projects determined 1996 (110 Stat. 3771–3773); nating from Piers 24 and 64 in the Port of by the Secretary to offer a long-term solu- (3) the Commission on the Everglades es- San Francisco, California, and the cost of re- tion to the problem of groundwater contami- tablished by executive order of the Governor moving such floatables and debris. nation caused by perchlorates at sites lo- of the State of Florida; and (c) FUNDING.—There is authorized to be ap- cated in the city of Santa Clarita, California; (4) other appropriate State and local gov- propriated $3,000,000 to carry out this sec- and ernment officials. tion. (2) $23,000,000 shall be deposited in the Res- (e) NON-FEDERAL SHARE.— SEC. 514. SAN GABRIEL BASIN, CALIFORNIA. toration Fund, of which $4,000,000 shall be (1) IN GENERAL.—The non-Federal share of (a) SAN GABRIEL BASIN RESTORATION.— used for remediation in the Central Basin, the cost of a project carried out under this (1) ESTABLISHMENT OF FUND.—There shall California. section shall be 35 percent. be established within the Treasury of the SEC. 515. STOCKTON, CALIFORNIA. (2) CREDIT.— United States an interest bearing account to The Secretary shall evaluate the feasi- (A) IN GENERAL.—The Secretary may pro- be known as the San Gabriel Basin Restora- bility of the Lower Mosher Slough element vide the non-Federal interest credit toward tion Fund (in this section referred to as the and the levee extensions on the Upper cash contributions required— ‘‘Restoration Fund’’). Calaveras River element of the project for (i) before and during the construction of (2) ADMINISTRATION OF FUND.—The Restora- flood control, Stockton Metropolitan Area, the project, for the costs of planning, engi- tion Fund shall be administered by the Sec- California, carried out under section 211(f)(3) neering, and design, and for the construction October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10273 management work that is performed by the SEC. 525. SOO LOCKS, SAULT STE. MARIE, MICHI- Secretary shall include river dredging as a non-Federal interest and that the Secretary GAN. component of the study. determines is necessary to implement the The Secretary may not require a cargo ves- SEC. 530. COASTAL MISSISSIPPI WETLANDS RES- project; and sel equipped with bow thrusters and friction TORATION PROJECTS. (ii) during the construction of the project, winches that is transiting the Soo Locks in (a) IN GENERAL.—In order to further the for the construction that the non-Federal in- Sault Ste. Marie, Michigan, to provide more purposes of section 204 of the Water Re- terest carries out on behalf of the Secretary than 2 crew members to serve as line han- sources Development Act of 1992 (33 U.S.C. and that the Secretary determines is nec- dlers on the pier of a lock, except in adverse 2326) and section 206 of the Water Resources essary to carry out the project. weather conditions or if there is a mechan- Development Act of 1996 (33 U.S.C. 2330), the (B) TREATMENT OF CREDIT BETWEEN ical failure on the vessel. Secretary shall participate in restoration PROJECTS.—Any credit provided under this SEC. 526. DULUTH, MINNESOTA, ALTERNATIVE projects for critical coastal wetlands and paragraph may be carried over between au- TECHNOLOGY PROJECT. coastal barrier islands in the State of Mis- thorized projects. (a) PROJECT AUTHORIZATION.—Section sissippi that will produce, consistent with (f) AUTHORIZATION OF APPROPRIATIONS.— 541(a) of the Water Resources Development existing Federal programs, projects, and ac- There is authorized to be appropriated to Act of 1996 (110 Stat. 3777) is amended— tivities, immediate and substantial restora- carry out this section $100,000,000. Such sums (1) by striking ‘‘implement’’ and inserting tion, preservation, and ecosystem protection shall remain available until expended. ‘‘conduct full scale demonstrations of’’; and benefits, including the beneficial use of SEC. 518. BALLARD’S ISLAND, LASALLE COUNTY, (2) by inserting before the period the fol- dredged material if such use is a cost-effec- ILLINOIS. lowing: ‘‘, including technologies evaluated tive means of disposal of such material. The Secretary may provide the non-Fed- for the New York/New Jersey Harbor under (b) PROJECT SELECTION.—The Secretary, in eral interest for the project for the improve- section 405 of the Water Resources Develop- coordination with other Federal, tribal, ment of the quality of the environment, ment Act of 1992 (33 U.S.C. 2239 note; 106 State, and local agencies, may identify and Ballard’s Island, LaSalle County, Illinois, Stat. 4863)’’. implement projects described in subsection carried out under section 1135 of the Water (b) AUTHORIZATION OF APPROPRIATIONS.— (a) after entering into an agreement with an Resources Development Act of 1986 (33 U.S.C Section 541(b) of such Act is amended by appropriate non-Federal interest in accord- 2309a), credit toward the non-Federal share striking ‘‘$1,000,000’’ and inserting ance with this section. of the cost of the project for work performed ‘‘$3,000,000’’. (c) COST SHARING.—Before implementing by the non-Federal interest after July 1, 1999, SEC. 527. MINNEAPOLIS, MINNESOTA. any project under this section, the Secretary if the Secretary determines that the work is (a) IN GENERAL.—The Secretary, in co- shall enter into a binding agreement with integral to the project. operation with the State of Minnesota, shall the non-Federal interests. The agreement SEC. 519. LAKE MICHIGAN DIVERSION, ILLINOIS. design and construct the project for environ- shall provide that the non-Federal responsi- Section 1142(b) of the Water Resources De- mental restoration and recreation, Min- bility for the project shall be as follows: velopment Act of 1986 (110 Stat. 4253; 113 neapolis, Minnesota, substantially in accord- (1) To acquire any lands, easements, Stat. 339) is amended by inserting after ance with the plans described in the report rights-of-way, relocations, and dredged ma- ‘‘2003’’ the following: ‘‘and $800,000 for each entitled ‘‘Feasibility Study for Mississippi terial disposal areas necessary for implemen- fiscal year beginning after September 30, Whitewater Park, Minneapolis, Minnesota’’, tation of the project. 2003,’’. prepared for the Minnesota department of (2) To hold and save harmless the United SEC. 520. KOONTZ LAKE, INDIANA. natural resources, dated June 30, 1999. States free from claims or damages due to The Secretary shall provide the non-Fed- (b) COST SHARING.— implementation of the project, except for the eral interest for the project for aquatic eco- (1) IN GENERAL.—The non-Federal share of negligence of the Federal Government or its system restoration, Koontz Lake, Indiana, the cost of the project shall be determined in contractors. carried out under section 206 of the Water accordance with title I of the Water Re- (3) To pay 35 percent of project costs. Resources Development Act of 1996 (22 U.S.C. sources Development Act of 1986 (33 U.S.C. (d) NONPROFIT ENTITY.—For any project 2330), credit toward the non-Federal share of 2211 et seq.). undertaken under this section, a non-Federal the cost of the project for work performed by (2) LANDS, EASEMENTS, AND RIGHTS-OF- interest may include a nonprofit entity with the non-Federal interest before the date of WAY.—The non-Federal interest shall provide the consent of the affected local government. execution of the project cooperation agree- all lands, easements, rights-of-way, reloca- (e) AUTHORIZATION OF APPROPRIATIONS.— ment if the Secretary determines that the tions, and dredged material disposal areas There is authorized to be appropriated to work is integral to the project. necessary for construction of the project and carry out this section $10,000,000. SEC. 521. CAMPBELLSVILLE LAKE, KENTUCKY. shall receive credit for the cost of providing The Secretary shall repair the retaining SEC. 531. MISSOURI RIVER VALLEY IMPROVE- such lands, easements, rights-of-way, reloca- MENTS. wall and dam at Campbellsville Lake, Ken- tions, and dredged material disposal areas tucky, to protect the public road on top of (a) MISSOURI RIVER MITIGATION PROJECT.— toward the non-Federal share of the cost of The project for mitigation of fish and wild- the dam at Federal expense and a total cost the project. of $200,000. life losses, Missouri River Bank Stabiliza- (3) OPERATION, MAINTENANCE, REPAIR, REHA- tion and Navigation Project, Missouri, Kan- SEC. 522. WEST VIEW SHORES, CECIL COUNTY, BILITATION, AND REPLACEMENT.—The oper- sas, Iowa, and Nebraska authorized by sec- MARYLAND. ation, maintenance, repair, rehabilitation, Not later than 1 year after the date of en- tion 601(a) of the Water Resources Develop- and replacement of the project shall be a ment Act of 1986 (100 Stat. 4143) and modified actment of this Act, the Secretary shall non-Federal responsibility. carry out an investigation of the contamina- by section 334 of the Water Resources Devel- (4) CREDIT FOR NON-FEDERAL WORK.—The opment Act of 1999 (113 Stat. 306), is further tion of the well system in West View Shores, non-Federal interest shall receive credit to- Cecil County, Maryland. If the Secretary de- modified to authorize $200,000,000 for fiscal ward the non-Federal share of the cost of the years 2001 through 2010 to be appropriated to termines that a disposal site for a Federal project for work performed by the non-Fed- navigation project has contributed to the the Secretary for acquisition of 118,650 acres eral interest before the date of execution of of land and interests in land for the project. contamination of the well system, the Sec- the project cooperation agreement if the retary may provide alternative water sup- (b) UPPER MISSOURI RIVER AQUATIC AND RI- Secretary determines that the work is inte- PARIAN HABITAT MITIGATION PROGRAM.— plies, including replacement of wells, at Fed- gral to the project. eral expense. (1) IN GENERAL.— (c) AUTHORIZATION OF APPROPRIATIONS.— SEC. 523. CONSERVATION OF FISH AND WILD- (A) STUDY.—The Secretary shall complete There is authorized to be appropriated a study that analyzes the need for additional LIFE, CHESAPEAKE BAY, MARYLAND $10,000,000 to carry out this section. AND VIRGINIA. measures for mitigation of losses of aquatic Section 704(b) of the Water Resources De- SEC. 528. ST. LOUIS COUNTY, MINNESOTA. and terrestrial habitat from Fort Peck Dam velopment Act of 1986 (33 U.S.C. 2263(b)) is The Secretary shall carry out under sec- to Sioux City, Iowa, resulting from the oper- amended by adding at the end the following: tion 204 of the Water Resources Development ation of the Missouri River Mainstem Res- ‘‘In addition, there is authorized to be appro- Act of 1992 (33 U.S.C. 2326) a project in St. ervoir project in the States of Nebraska, priated $20,000,000 to carry out paragraph Louis County, Minnesota, by making bene- South Dakota, North Dakota, and Montana. (4).’’. ficial use of dredged material from a Federal (B) REPORT.—Not later than 2 years after SEC. 524. MUDDY RIVER, BROOKLINE AND BOS- navigation project. the date of enactment of this Act, the Sec- TON, MASSACHUSETTS. SEC. 529. WILD RICE RIVER, MINNESOTA. retary shall transmit to Congress a report The Secretary shall carry out the project The Secretary shall prepare a general re- describing the results of the study. for flood damage reduction and environ- evaluation report on the project for flood (2) PILOT PROGRAM.—The Secretary, in con- mental restoration, Muddy River, Brookline control, Wild Rice River, Minnesota, author- sultation with the Director of the United and Boston, Massachusetts, substantially in ized by section 201 of the Flood Control Act States Fish and Wildlife Service and the af- accordance with the plans, and subject to the of 1970 (84 Stat. 1825), and, if the Secretary fected State fish and wildlife agencies, shall conditions, described in the draft evaluation determines that the project is technically develop and administer a pilot mitigation report of the New England District Engineer sound, environmentally acceptable, and eco- program that— entitled ‘‘Phase I Muddy River Master nomically justified, shall carry out the (A) involves the experimental releases of Plan’’, dated June 2000. project. In carrying out the reevaluation, the warm water from the spillways at Fort Peck H10274 CONGRESSIONAL RECORD — HOUSE October 18, 2000 Dam during the appropriate spawning peri- of Agriculture, and the Secretary of the Inte- process for flood damage reduction projects ods for native fish; rior and in partnership with the Committee, based on the results of the research under (B) involves the monitoring of the response shall participate in the implementation of this section and transmit to Congress a re- of fish to, and the effectiveness toward the the Project to restore wetlands at Las Vegas port on such results not later than 3 years preservation of native fish and wildlife habi- Wash and to improve water quality in Lake after the date of enactment of this Act. tat as a result of, such releases; and Mead in accordance with the Plan. (e) AUTHORIZATION OF APPROPRIATIONS.— (C) requires the Secretary to provide com- (2) COST SHARING REQUIREMENTS.— There is authorized to be appropriated to pensation for any loss of hydropower at Fort (A) IN GENERAL.—The non-Federal interests carry out this section $11,000,000 for fiscal Peck Dam resulting from implementation of shall pay 35 percent of the cost of any years beginning after September 30, 2000. the pilot program; and project carried out under this section. SEC. 537. BLACK ROCK CANAL, BUFFALO, NEW (D) does not effect a change in the Missouri (B) OPERATION AND MAINTENANCE.—The YORK. River Master Water Control Manual. non-Federal interests shall be responsible for The Secretary shall provide technical as- (3) RESERVOIR FISH LOSS STUDY.— all costs associated with operating, main- sistance in support of activities of non-Fed- (A) IN GENERAL.—The Secretary, in con- taining, replacing, repairing, and rehabili- eral interests related to the dredging of sultation with the North Dakota Game and tating all projects carried out under this sec- Black Rock Canal in the area between the Fish Department and the South Dakota De- tion. Ferry Street Overpass and the Peace Bridge partment of Game, Fish and Parks, shall (C) FEDERAL LANDS.—Notwithstanding any Overpass in Buffalo, New York. complete a study to analyze and recommend other provision of this subsection, the Fed- SEC. 538. HAMBURG, NEW YORK. measures to avoid or reduce the loss of fish, eral share of the cost of a project carried out The Secretary shall complete the study of including rainbow smelt, through Garrison under this section on Federal lands shall be a project for shoreline erosion, Old Lake Dam in North Dakota and Oahe Dam in 100 percent, including the costs of operation Shore Road, Hamburg, New York, and, if the South Dakota. and maintenance. Secretary determines that the project is fea- (B) REPORT.—Not later than 2 years after (3) AUTHORIZATION OF APPROPRIATIONS.— sible, the Secretary shall carry out the the date of enactment of this Act, the Sec- There is authorized to be appropriated project. retary shall transmit to Congress a report $10,000,000 to carry out this section. SEC. 539. NEPPERHAN RIVER, YONKERS, NEW describing the results of the study. SEC. 535. NEWARK, NEW JERSEY. YORK. (4) AUTHORIZATION OF APPROPRIATIONS.— (a) IN GENERAL.—Using authorities under The Secretary shall provide technical as- There is authorized to be appropriated— law in effect on the date of enactment of this sistance to the city of Yonkers, New York, in (A) to complete the study under paragraph Act, the Secretary, the Director of the Fed- support of activities relating to the dredging (3) $200,000; and eral Emergency Management Agency, the of the Nepperhan River outlet, New York. (B) to carry out the other provisions of this Administrator of the Environmental Protec- SEC. 540. ROCHESTER, NEW YORK. subsection $1,000,000 for each of fiscal years tion Agency, and the heads of other appro- The Secretary shall complete the study of 2001 through 2010. priate Federal agencies shall assist the State a project for navigation, Rochester Harbor, (c) MISSOURI AND MIDDLE MISSISSIPPI RIV- of New Jersey in developing and imple- Rochester, New York, and, if the Secretary ERS ENHANCEMENT PROJECT.—Section 514(g) menting a comprehensive basinwide strategy determines that the project is feasible, the of the Water Resources Development Act of in the Passaic, Hackensack, Raritan, and At- Secretary shall carry out the project. 1999 (113 Stat. 342) is amended to read as fol- lantic Coast floodplain areas for coordinated lows: SEC. 541. UPPER MOHAWK RIVER BASIN, NEW and integrated management of land and YORK. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— water resources to improve water quality, (a) IN GENERAL.—The Secretary, in co- There is authorized to be appropriated to pay reduce flood hazards, and ensure sustainable operation with the Secretary of Agriculture the Federal share of the cost of carrying out economic activity. and the State of New York, shall conduct a activities under this section $5,000,000 for (b) TECHNICAL ASSISTANCE, STAFF, AND FI- study, develop a strategy, and implement a each of fiscal years 2001 through 2010.’’. NANCIAL SUPPORT.—The heads of the Federal project to reduce flood damages, improve SEC. 532. NEW MADRID COUNTY, MISSOURI. agencies referred to in subsection (a) may water quality, and create wildlife habitat For purposes of determining the non-Fed- provide technical assistance, staff, and fi- through wetlands restoration, soil and water eral share for the project for navigation, New nancial support for the development of the conservation practices, nonstructural meas- Madrid County Harbor, Missouri, carried out floodplain management strategy. ures, and other appropriate means in the under section 107 of the River and Harbor (c) FLEXIBILITY.—The heads of the Federal Upper Mohawk River Basin, at an estimated Act of 1960 (33 U.S.C. 577), the Secretary shall agencies referred to in subsection (a) shall Federal cost of $10,000,000. consider Phases 1 and 2 as described in the exercise flexibility to reduce barriers to effi- (b) IMPLEMENTATION OF STRATEGY.—The report of the District Engineer, dated Feb- cient and effective implementation of the Secretary shall implement the strategy ruary 2000, as one project and provide credit floodplain management strategy. under this section in cooperation with local to the non-Federal interest toward the non- (d) RESEARCH.—In coordination with aca- landowners and local government. Projects Federal share of the combined project for demic and research institutions for support, to implement the strategy shall be designed work performed by the non-Federal interest the Secretary may conduct a study to carry to take advantage of ongoing or planned ac- on Phase 1 of the project. out this section. tions by other agencies, local municipalities, SEC. 533. PEMISCOT COUNTY, MISSOURI. SEC. 536. URBANIZED PEAK FLOOD MANAGE- or nonprofit, nongovernmental organizations The Secretary shall provide the non-Fed- MENT RESEARCH, NEW JERSEY. with expertise in wetlands restoration that eral interest for the project for navigation, (a) IN GENERAL.—The Secretary shall de- would increase the effectiveness or decrease Caruthersville Harbor, Pemiscot County, velop and implement a research program to the overall cost of implementing rec- Missouri, carried out under section 107 of the evaluate opportunities to manage peak flood ommended projects and may include the ac- River and Harbor Act of 1960 (33 U.S.C. 577), flows in urbanized watersheds located in the quisition of wetlands, from willing sellers, credit toward the non-Federal share of the State of New Jersey. that contribute to the Upper Mohawk River cost of the project for in-kind work per- (b) SCOPE OF RESEARCH.—The research pro- basin ecosystem. formed by the non-Federal interest after De- gram authorized by subsection (a) shall be (c) COOPERATION AGREEMENTS.—In carrying cember 1, 1997, if the Secretary determines accomplished through the New York District out activities under this section, the Sec- that the work is integral to the project. of Corps of Engineers. The research shall in- retary shall enter into cooperation agree- SEC. 534. LAS VEGAS, NEVADA. clude the following: ments to provide financial assistance to ap- (a) DEFINITIONS.—In this section, the fol- (1) Identification of key factors in the de- propriate Federal, State, and local govern- lowing definitions apply: velopment of an urbanized watershed that af- ment agencies as well as appropriate non- (1) COMMITTEE.—The term ‘‘Committee’’ fect peak flows in the watershed and down- profit, nongovernmental organizations with means the Las Vegas Wash Coordinating stream. expertise in wetlands restoration, with the Committee. (2) Development of peak flow management consent of the affected local government. Fi- (2) PLAN.—The term ‘‘Plan’’ means the Las models for 4 to 6 watersheds in urbanized nancial assistance provided may include ac- Vegas Wash comprehensive adaptive man- areas with widely differing geology, shapes, tivities for the implementation of wetlands agement plan, developed by the Committee and soil types that can be used to determine restoration projects and soil and water con- and dated January 20, 2000. optimal flow reduction factors for individual servation measures. (3) PROJECT.—The term ‘‘Project’’ means watersheds. (d) NON-FEDERAL SHARE.—The non-Federal the Las Vegas Wash wetlands restoration (c) LOCATION.—The activities authorized by share of the cost of activities carried out and Lake Mead water quality improvement this section shall be carried out at the facil- under this section shall be 25 percent and project and includes the programs, features, ity authorized by section 103(d) of the Water may be provided through in-kind services components, projects, and activities identi- Resources Development Act of 1992 106 Stat. and materials. fied in the Plan. 4812–4813, which may be located on the cam- (e) UPPER MOHAWK RIVER BASIN DEFINED.— (b) PARTICIPATION IN PROJECT.— pus of the New Jersey Institute of Tech- In this section, the term ‘‘Upper Mohawk (1) IN GENERAL.—The Secretary, in con- nology. River basin’’ means the Mohawk River, its junction with the Administrator of the Envi- (d) REPORT TO CONGRESS.—The Secretary tributaries, and associated lands upstream of ronmental Protection Agency, the Secretary shall evaluate policy changes in the planning the confluence of the Mohawk River and October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10275 Canajoharie Creek, and including the local economy, help reverse these trends, thence north, parallel with the west line of Canajoharie Creek, New York. and improve the lives of local residents. said Section 7, to a point on the north line of SEC. 542. EASTERN NORTH CAROLINA FLOOD (b) SENSE OF HOUSE OF REPRESENTATIVES.— said Section 7; PROTECTION. In view of the findings described in sub- thence west along the north line thereof to (a) IN GENERAL.—In order to assist the section (a), and in order to assist commu- the northwest corner of said Section 7; State of North Carolina and local govern- nities in southeastern Oklahoma in bene- thence south along the west line of said ments in mitigating damages resulting from fiting from their local resources, it is the Section 7 to a point on the ordinary high a major disaster, the Secretary shall carry sense of the House of Representatives that— water line of the Columbia River; out flood damage reduction projects in east- (1) the State of Oklahoma and the Choctaw thence northeasterly along said high water ern North Carolina by protecting, clearing, Nation of Oklahoma and the Chickasaw Na- line to a point on the north and south coordi- and restoring channel dimensions (including tion, Oklahoma, should establish a State- nate line of the Oregon Coordinate System, removing accumulated snags and other de- tribal commission composed equally of rep- North Zone, said coordinate line being east bris) in the following rivers and tributaries: resentatives of such Nations and residents of 2,291,000 feet; (1) New River and tributaries. the water basins within the boundaries of thence north along said line to a point on (2) White Oak River and tributaries. such Nations for the purpose of admin- the south line of First Avenue of said Addi- (3) Neuse River and tributaries. istering and distributing from the sale of tion; (4) Pamlico River and tributaries. water any benefits and net revenues to the thence westerly along First Avenue to a (b) COST SHARE.—The non-Federal interest tribes and local entities within the respec- point on southerly extension of the west line for a project under this section shall— tive basins; of Tract 18; (1) pay 35 percent of the cost of the project; (2) any sale of water to entities outside the thence northerly along said west line of and basins should be consistent with the proce- Tract 18 to the point of beginning. (2) provide any lands, easements, rights-of- dures and requirements established by the (3) The deed recorded October 17, 1967, in way, relocations, and material disposal areas commission; and book 291, page 148, Deed of Records of necessary for implementation of the project. (3) if requested, the Secretary should pro- Umatilla County, Oregon, executed by the (c) CONDITIONS.—The Secretary may not re- vide technical assistance, as appropriate, to United States. ject a project based solely on a minimum facilitate the efforts of the commission. (c) NO EFFECT ON OTHER NEEDS.—Nothing amount of stream runoff. in this section affects the remaining rights SEC. 546. COLUMBIA RIVER, OREGON AND WASH- (d) MAJOR DISASTER DEFINED.—In this sec- INGTON. and interests of the Corps of Engineers for tion, the term ‘‘major disaster’’ means a authorized project purposes. (a) MODELING AND FORECASTING SYSTEM.— major disaster declared under title IV of the SEC. 548. LOWER COLUMBIA RIVER AND Robert T. Stafford Disaster Relief and Emer- The Secretary shall develop and implement a modeling and forecasting system for the Co- TILLAMOOK BAY ESTUARY PRO- gency Assistance Act (42 U.S.C. 5170 et seq.) GRAM, OREGON AND WASHINGTON. and includes any major disaster declared be- lumbia River estuary, Oregon and Wash- ington, to provide real-time information on (a) IN GENERAL.—The Secretary shall con- fore the date of enactment of this Act. duct studies and ecosystem restoration (e) AUTHORIZATION OF APPROPRIATIONS.— existing and future wave, current, tide, and wind conditions. projects for the lower Columbia River and There is authorized to be appropriated to Tillamook Bay estuaries, Oregon and Wash- SE OF CONTRACTS AND GRANTS.—In car- carry out this section $3,000,000 for fiscal (b) U ington. rying out this section, the Secretary is en- years 2001 through 2003. (b) USE OF MANAGEMENT PLANS.— couraged to use contracts, cooperative SEC. 543. CUYAHOGA RIVER, OHIO. (1) LOWER COLUMBIA RIVER ESTUARY.— agreements, and grants with colleges and (a) IN GENERAL.—The Secretary shall pro- (A) IN GENERAL.—In carrying out eco- universities and other non-Federal entities. vide technical assistance to non-Federal in- system restoration projects under this sec- terests for an evaluation of the structural in- SEC. 547. JOHN DAY POOL, OREGON AND WASH- tion, the Secretary shall use as a guide the tegrity of the bulkhead system located along INGTON. Lower Columbia River estuary program’s the Cuyahoga River in the vicinity of Cleve- (a) EXTINGUISHMENT OF REVERSIONARY IN- comprehensive conservation and manage- land, Ohio, at a total cost of $500,000. TERESTS AND USE RESTRICTIONS.—With re- ment plan developed under section 320 of the (b) EVALUATION.—The evaluation described spect to the lands described in each deed list- Federal Water Pollution Control Act (33 in subsection (a) shall include design anal- ed in subsection (b)— U.S.C. 1330). ysis, plans and specifications, and cost esti- (1) the reversionary interests and the use (B) CONSULTATION.—The Secretary shall mates for repair or replacement of the bulk- restrictions relating to port or industrial carry out ecosystem restoration projects head system. purposes are extinguished; under this section for the lower Columbia SEC. 544. CROWDER POINT, CROWDER, OKLA- (2) the human habitation or other building River estuary in consultation with the HOMA. structure use restriction is extinguished in States of Oregon and Washington, the Envi- At the request of the city of Crowder, each area where the elevation is above the ronmental Protection Agency, the United Oklahoma, the Secretary shall enter into a standard project flood elevation; and States Fish and Wildlife Service, the Na- long-term lease, not to exceed 99 years, with (3) the use of fill material to raise areas tional Marine Fisheries Service, and the For- the city under which the city may develop, above the standard project flood elevation, est Service. operate, and maintain as a public park all or without increasing the risk of flooding in or (2) TILLAMOOK BAY ESTUARY.— a portion of approximately 260 acres of land outside of the floodplain, is authorized, ex- (A) IN GENERAL.—In carrying out eco- known as Crowder Point on Lake Eufaula, cept in any area constituting wetland for system restoration projects under this sec- Oklahoma. The lease shall include such which a permit under section 404 of the Fed- tion, the Secretary shall use as a guide the terms and conditions as the Secretary deter- eral Water Pollution Control Act (33 U.S.C. Tillamook Bay national estuary project’s mines are necessary to protect the interest 1344) would be required. comprehensive conservation and manage- of the United States and project purposes (b) AFFECTED DEEDS.—The following deeds ment plan developed under section 320 of the and shall be made without consideration to are referred to in subsection (a): Federal Water Pollution Control Act (33 the United States. (1) The deeds executed by the United U.S.C. 1330). SEC. 545. OKLAHOMA-TRIBAL COMMISSION. States and bearing Morrow County, Oregon, (B) CONSULTATION.—The Secretary shall (a) FINDINGS.—The House of Representa- Auditor’s Microfilm Numbers 229 and 16226. carry out ecosystem restoration projects tives makes the following findings: (2) The deed executed by the United States under this section for the Tillamook Bay es- (1) The unemployment rate in southeastern and bearing Benton County, Washington, tuary in consultation with the State of Or- Oklahoma is 23 percent greater than the na- Auditor’s File Number 601766, but only as egon, the Environmental Protection Agency, tional average. that deed applies to the following portion of the United States Fish and Wildlife Service, (2) The per capita income in southeastern lands conveyed by that deed: the National Marine Fisheries Service, and Oklahoma is 62 percent of the national aver- A tract of land lying in Section 7, Town- the Forest Service. age. ship 5 north, Range 28 east of the Willamette (c) AUTHORIZED ACTIVITIES.— (3) Reflecting the inadequate job opportu- meridian, Benton County, Washington, said (1) IN GENERAL.—In carrying out ecosystem nities and dwindling resources in poor rural tract being more particularly described as restoration projects under this section, the communities, southeastern Oklahoma is ex- follows: Secretary shall undertake activities nec- periencing an out-migration of people. Commencing at the point of intersection of essary to protect, monitor, and restore fish (4) Water represents a vitally important re- the centerlines of Plymouth Street and and wildlife habitat. source in southeastern Oklahoma. Its abun- Third Avenue in the First Addition to the (2) LIMITATIONS.—The Secretary may not dance offers an opportunity for the residents Town of Plymouth (according to the duly re- carry out any activity under this section to benefit from their natural resources. corded Plat thereof); that adversely affects— (5) Trends as described in paragraphs (1), thence westerly along the said centerline (A) the water-related needs of the lower (2), and (3) are not conducive to local eco- of Third Avenue, a distance of 565 feet; Columbia River estuary or the Tillamook nomic development, and efforts to improve thence south 54° 10′ west, to a point on the Bay estuary, including navigation, recre- the management of water in the region west line of Tract 18 of said Addition and the ation, and water supply needs; or would have a positive outside influence on true point of beginning; (B) private property rights. H10276 CONGRESSIONAL RECORD — HOUSE October 18, 2000

(d) PRIORITY.—In determining the priority (2) by striking the period at the end of (1) the city agrees to assume all of the re- of projects to be carried out under this sec- paragraph (1)(B) and inserting ‘‘; and’’; and sponsibilities (other than financial respon- tion, the Secretary shall consult with the (3) by adding at the end the following: sibilities) of the Trinity River Authority of Implementation Committee of the Lower Co- ‘‘(C) the Lackawanna River, Pennsyl- Texas under Corps of Engineers contract lumbia River Estuary Program and the Per- vania.’’. #DACW63–76–C–0166, including operation and formance Partnership Council of the (b) AUTHORIZATION OF APPROPRIATIONS.— maintenance of the recreation facilities in- Tillamook Bay National Estuary Project, Section 539(d) of such Act (110 Stat. 3776–3777) cluded in the contract; and and shall consider the recommendations of is amended— (2) to pay the Federal Government a total such entities. (1) by striking ‘‘(a)(1)(A) and’’ and insert- of $4,290,000 in 2 installments, 1 in the (e) COST-SHARING REQUIREMENTS.— ing ‘‘(a)(1)(A),’’; and amount of $2,150,000, which shall be due and (1) STUDIES.—Studies conducted under this (2) by inserting ‘‘, and $5,000,000 for projects payable no later than December 1, 2000, and section shall be subject to cost sharing in ac- undertaken under subsection (a)(1)(C)’’ be- 1 in the amount of $2,140,000, which shall be cordance with section 105 of the Water Re- fore the period at the end. due and payable no later than December 1, sources Development Act of 1986 (33 U.S.C. SEC. 552. PHILADELPHIA, PENNSYLVANIA. 2003, 2215). (a) IN GENERAL.—The Secretary shall pro- the Trinity River Authority shall be relieved (2) ECOSYSTEM RESTORATION PROJECTS.— vide assistance to the Delaware River Port of all of its financial responsibilities under (A) IN GENERAL.—Non-Federal interests Authority to deepen the Delaware River at the contract as of the date the Secretary en- shall pay 35 percent of the cost of any eco- Pier 122 in Philadelphia, Pennsylvania. ters into the agreement with the city. system restoration project carried out under (b) AUTHORIZATION OF APPROPRIATIONS.— SEC. 557. BENSON BEACH, FORT CANBY STATE this section. There is authorized to be appropriated PARK, WASHINGTON. (B) ITEMS PROVIDED BY NON-FEDERAL INTER- $1,000,000 to carry out this section. The Secretary shall place dredged material ESTS.—Non-Federal interests shall provide SEC. 553. ACCESS IMPROVEMENTS, RAYSTOWN at Benson Beach, Fort Canby State Park, all land, easements, rights-of-way, dredged LAKE, PENNSYLVANIA. Washington, in accordance with section 204 material disposal areas, and relocations nec- The Commonwealth of Pennsylvania may of the Water Resources Development Act of essary for ecosystem restoration projects to transfer any unobligated funds made avail- 1992 (33 U.S.C. 2326). be carried out under this section. The value able to the Commonwealth for item number SEC. 558. PUGET SOUND AND ADJACENT WATERS of such land, easements, rights-of-way, 1278 of the table contained in section 1602 of RESTORATION, WASHINGTON. dredged material disposal areas, and reloca- Public Law 105–178, to the Secretary for ac- (a) IN GENERAL.—The Secretary may par- tions shall be credited toward the payment cess improvements at the Raystown Lake ticipate in critical restoration projects in required under this paragraph. project, Pennsylvania. the area of the Puget Sound and its adjacent (C) IN-KIND CONTRIBUTIONS.—Not more than SEC. 554. UPPER SUSQUEHANNA RIVER BASIN, waters, including the watersheds that drain 50 percent of the non-Federal share required PENNSYLVANIA AND NEW YORK. directly into Puget Sound, Admiralty Inlet, under this subsection may be satisfied by the Section 567 of the Water Resources Devel- Hood Canal, Rosario Strait, and the eastern provision of in-kind services. opment Act of 1996 (110 Stat. 3787–3788) is portion of the Strait of Juan de Fuca. (b) PROJECT SELECTION.—The Secretary, in (3) OPERATION AND MAINTENANCE.—Non- amended— Federal interests shall be responsible for all (1) by striking subsection (a)(2) and insert- consultation with appropriate Federal, trib- costs associated with operating, maintain- ing the following: al, State, and local agencies, (including the Salmon Recovery Funding Board, Northwest ing, replacing, repairing, and rehabilitating ‘‘(2) The Susquehanna River watershed up- Straits Commission, Hood Canal Coordi- all projects carried out under this section. stream of the Chemung River, New York, at nating Council, county watershed planning (4) FEDERAL LANDS.—Notwithstanding any an estimated Federal cost of $10,000,000.’’; councils, and salmon enhancement groups) other provision of this subsection, the Fed- and (2) by striking subsections (c) and (d) and may identify critical restoration projects eral share of the cost of a project carried out and may implement those projects after en- under this section on Federal lands shall be inserting the following: ‘‘(c) COOPERATION AGREEMENTS.—In con- tering into an agreement with an appro- 100 percent, including costs of operation and priate non-Federal interest in accordance maintenance. ducting the study and developing the strat- egy under this section, the Secretary shall with the requirements of section 221 of the (f) DEFINITIONS.—In this section, the fol- Flood Control Act of 1970 (42 U.S.C. 1962d–5b) lowing definitions apply: enter into cooperation agreements to provide financial assistance to appropriate Federal, and this section. (1) LOWER COLUMBIA RIVER ESTUARY.—The (c) PROJECT COST LIMITATION.—Of amounts State, and local government agencies as well term ‘‘lower Columbia River estuary’’ means appropriated to carry out this section, not those river reaches having navigation chan- as appropriate nonprofit, nongovernmental more than $2,500,000 may be allocated to nels on the mainstem of the Columbia River organizations with expertise in wetlands res- carry out any project. in Oregon and Washington west of Bonneville toration, with the consent of the affected (d) COST SHARING.— Dam, and the tributaries of such reaches to local government. Financial assistance pro- (1) IN GENERAL.—The non-Federal interest the extent such tributaries are tidally influ- vided may include activities for the imple- for a critical restoration project under this enced. mentation of wetlands restoration projects section shall— (2) TILLAMOOK BAY ESTUARY.—The term and soil and water conservation measures. (A) pay 35 percent of the cost of the ‘‘Tillamook Bay estuary’’ means those wa- ‘‘(d) IMPLEMENTATION OF STRATEGY.—The project; ters of Tillamook Bay in Oregon and its trib- Secretary shall undertake development and (B) provide any lands, easements, rights-of- utaries that are tidally influenced. implementation of the strategy under this way, relocations, and dredged material dis- (g) AUTHORIZATION OF APPROPRIATIONS.— section in cooperation with local landowners posal areas necessary for implementation of There is authorized to be appropriated to and local government officials. Projects to the project; carry out this section $40,000,000. implement the strategy shall be designed to (C) pay 100 percent of the operation, main- SEC. 549. SKINNER BUTTE PARK, EUGENE, OR- take advantage of ongoing or planned ac- tenance, repair, replacement, and rehabilita- EGON. tions by other agencies, local municipalities, tion costs associated with the project; and Section 546(b) of the Water Resources De- or nonprofit, nongovernmental organizations (D) hold the United States harmless from velopment Act of 1999 (113 Stat. 351) is with expertise in wetlands restoration that liability due to implementation of the amended by adding at the end the following: would increase the effectiveness or decrease project, except for the negligence of the Fed- ‘‘If the Secretary participates in the project, the overall cost of implementing rec- eral Government or its contractors. the Secretary shall carry out a monitoring ommended projects and may include the ac- (2) CREDIT.—The Secretary shall provide program for 3 years after construction to quisition of wetlands, from willing sellers, credit to the non-Federal interest for a crit- evaluate the ecological and engineering ef- that contribute to the Upper Susquehanna ical restoration project under this section fectiveness of the project and its applica- River basin ecosystem.’’. for the value of any lands, easements, rights- bility to other sites in the Willamette Val- SEC. 555. CHICKAMAUGA LOCK, CHATTANOOGA, of-way, relocations, and dredged material ley.’’ TENNESSEE. disposal areas provided by the non-Federal SEC. 550. WILLAMETTE RIVER BASIN, OREGON. (a) TRANSFER FROM TVA.—The Tennessee interest for the project. Section 547 of the Water Resources Devel- Valley Authority shall transfer $200,000 to (3) MEETING NON-FEDERAL COST SHARE.—The opment Act of 1999 (113 Stat. 351–352) is the Secretary for the preparation of a report non-Federal interest may provide up to 50 amended by adding at the end the following: of the Chief of Engineers for a replacement percent of the non-Federal share of the cost ‘‘(d) RESEARCH.—In coordination with aca- lock at Chickamauga Lock and Dam, Chat- of a project under this section through the demic and research institutions for support, tanooga, Tennessee. provision of services, materials, supplies, or the Secretary may conduct a study to carry (b) REPORT.—The Secretary shall accept other in-kind services. out this section.’’. and use the funds transferred under sub- (e) CRITICAL RESTORATION PROJECT DE- SEC. 551. LACKAWANNA RIVER, PENNSYLVANIA. section (a) to prepare the report referred to FINED.—In this section, the term ‘‘critical (a) IN GENERAL.—Section 539(a) of the in subsection (a). restoration project’’ means a water resource Water Resources Development Act of 1996 SEC. 556. JOE POOL LAKE, TEXAS. project that will produce, consistent with ex- (110 Stat. 3776) is amended— If the city of Grand Prairie, Texas, enters isting Federal programs, projects, and ac- (1) by striking ‘‘and’’ at the end of para- into a binding agreement with the Secretary tivities, immediate and substantial environ- graph (1)(A); under which— mental protection and restoration benefits. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10277

(f) AUTHORIZATION OF APPROPRIATIONS.— (A) To design and construct the generating retary and marketed by the Southeastern There is authorized to be appropriated to facilities referred to in subsection (a) within Power Administration— carry out this section $40,000,000. 4 years after the date of such agreement. (1) to the Tri-Cities Power Authority all SEC. 559. SHOALWATER BAY INDIAN TRIBE, (B) To reimburse the Secretary for— reasonable costs incurred by the Tri-Cities WILLAPA BAY, WASHINGTON. (i) the cost of approving such design and Power Authority in the design and construc- (a) PLACEMENT OF DREDGED MATERIAL ON inspecting such construction; tion of the facilities referred to in subsection SHORE.—For the purpose of addressing coast- (ii) the cost of providing any assistance au- (a), including the capital investment in such al erosion, the Secretary shall place, on an thorized under subsection (c)(2); and facilities and a reasonable rate of return on emergency one-time basis, dredged material (iii) the redistributed costs associated with such capital investment; and from a Federal navigation project on the the original construction of the dam and (2) to the Secretary, in accordance with shore of the tribal reservation of the dam safety if all parties agree with the the terms of the agreement entered into Shoalwater Bay Indian Tribe, Willapa Bay, method of the development of the chargeable under subsection (b) out of the revenues from Washington, at Federal expense. amounts associated with hydropower at the the sale of power produced by the generating (b) PLACEMENT OF DREDGED MATERIAL ON facility. facility of the interconnected systems of res- PROTECTIVE DUNES.—The Secretary shall (C) To release and indemnify the United ervoirs operated by the Secretary and mar- place dredged material from Willapa Bay on States from any claims, causes of action, or keted by the Southeastern Power Adminis- the remaining protective dunes on the tribal liabilities which may arise from such design tration, all reasonable costs incurred by the reservation of the Shoalwater Bay Indian and construction of the facilities referred to Secretary in the operation and maintenance Tribe, at Federal expense. in subsection (a), including any liability that of facilities referred to in subsection (a). (c) STUDY OF COASTAL EROSION.—The Sec- may arise out of the removal of the facility (g) AUTHORITY OF SECRETARY OF ENERGY.— retary shall conduct a study to develop long- if directed by the Secretary. Notwithstanding any other provision of law, term solutions to coastal erosion problems (2) ADDITIONAL TERMS.—The agreement the Secretary of Energy, acting through the at the tribal reservation of the Shoalwater shall also specify each of the following: Southeastern Power Administration, is au- Bay Indian Tribe at Federal expense. (A) The procedures and requirements for thorized— SEC. 560. WYNOOCHEE LAKE, WYNOOCHEE approval and acceptance of design, construc- (1) to construct such transmission facili- RIVER, WASHINGTON. tion, and operation and maintenance of the ties as necessary to market the power pro- (a) IN GENERAL.—The city of Aberdeen, facilities referred in subsection (a). duced at the facilities referred to in sub- Washington, may transfer its rights, inter- (B) The rights, responsibilities, and liabil- section (a) with funds contributed by the ests, and title in the land transferred to the ities of each party to the agreement. Tri-Cities Power Authority; and city under section 203 of the Water Resources (C) The amount of the payments under sub- (2) to repay those funds, including interest Development Act of 1990 (104 Stat. 4632) to section (f) of this section and the procedures and any administrative expenses, directly the city of Tacoma, Washington. under which such payments are to be made. from the revenues from the sale of power (b) CONDITIONS.—The transfer under this (c) OTHER REQUIREMENTS.— produced by such facilities of the inter- section shall be subject to the conditions set connected systems of reservoirs operated by forth in section 203(b) of the Water Resources (1) PROHIBITION.—No Federal funds may be expended for the design, construction, and the Secretary and marketed by the South- Development Act of 1990 (104 Stat. 4632); ex- eastern Power Administration. cept that the condition set forth in para- operation and maintenance of the facilities referred to in subsection (a) prior to the date (h) SAVINGS CLAUSE.—Nothing in this sec- graph (1) of such section shall apply to the tion affects any requirement under Federal city of Tacoma only for so long as the city on which such facilities are accepted by the Secretary under subsection (d). or State environmental law relating to the of Tacoma has a valid license with the Fed- licensing or operation of such facilities. eral Energy Regulatory Commission relating (2) REIMBURSEMENT.—Notwithstanding any other provision of law, if requested by the SEC. 563. LESAGE/GREENBOTTOM SWAMP, WEST to operation of the Wynoochee Dam, Wash- VIRGINIA. ington. Tri-Cities Power Authority, the Secretary may provide, on a reimbursable basis, assist- Section 30 of the Water Resources Develop- (c) LIMITATION.—The transfer under sub- ment Act of 1988 (102 Stat. 4030) is amended section (a) may be made only after the Sec- ance in connection with the design and con- struction of the generating facilities referred by adding at the end the following: retary determines that the city of Tacoma ‘‘(d) HISTORIC STRUCTURE.—The Secretary to in subsection (a). will be able to operate, maintain, repair, re- shall ensure the stabilization and preserva- (d) COMPLETION OF CONSTRUCTION.— place, and rehabilitate the project for tion of the structure known as the Jenkins (1) TRANSFER OF FACILITIES.—Notwith- Wynoochee Lake, Wynoochee River, Wash- House located within the Lesage/ standing any other provision of law, upon ington, authorized by section 203 of the Greenbottom Swamp in accordance with completion of the construction of the facili- Flood Control Act of 1962 (76 Stat. 1193), in standards for sites listed on the National ties referred to in subsection (a) and final ap- accordance with such regulations as the Sec- Register of Historic Places.’’. proval of such facility by the Secretary, the retary may issue to ensure that such oper- SEC. 564. TUG FORK RIVER, WEST VIRGINIA. Tri-Cities Power Authority shall transfer ation, maintenance, repair, replacement, and (a) IN GENERAL.—The Secretary may pro- without consideration title to such facilities rehabilitation is consistent with project pur- vide planning, design, and construction as- to the United States, and the Secretary poses. sistance to non-Federal interests for projects shall— (d) WATER SUPPLY CONTRACT.—The water located along the Tug Fork River in West (A) accept the transfer of title to such fa- supply contract designated as DACWD 67–68– Virginia and identified by the master plan cilities on behalf of the United States; and C–0024 shall be null and void if the Secretary developed pursuant to section 114(t) of the (B) operate and maintain the facilities re- exercises the reversionary right set forth in Water Resources Development Act of 1992 ferred to in subsection (a). section 203(b)(3) of the Water Resources De- (106 Stat. 4820). (2) CERTIFICATION.—The Secretary is au- velopment Act of 1990 (104 Stat. 4632). (b) PRIORITIES.—In providing assistance SEC. 561. SNOHOMISH RIVER, WASHINGTON. thorized to accept title to the facilities pur- under this section, the Secretary shall give In coordination with appropriate Federal, suant to paragraph (1) only after certifying priority to the primary development dem- tribal, and State agencies, the Secretary that the quality of the construction meets onstration sites in West Virginia identified may carry out a project to address data all standards established for similar facili- by the master plan referred to in subsection needs regarding the outmigration of juvenile ties constructed by the Secretary. (a). chinook salmon in the Snohomish River, (3) AUTHORIZED PROJECT PURPOSES.—The (c) AUTHORIZATION OF APPROPRIATIONS.— Washington. operation and maintenance of the facilities There is authorized to be appropriated to SEC. 562. BLUESTONE, WEST VIRGINIA. shall be conducted in a manner that is con- carry out this section $1,000,000. (a) IN GENERAL.—Notwithstanding any sistent with other authorized project pur- SEC. 565. VIRGINIA POINT RIVERFRONT PARK, other provision of law, the Tri-Cities Power poses of the Bluestone Lake facility. WEST VIRGINIA. Authority of West Virginia is authorized to (e) EXCESS POWER.—Pursuant to any agree- (a) IN GENERAL.—The Secretary may pro- design and construct hydroelectric gener- ment under subsection (b), the Southeastern vide planning, design, and construction as- ating facilities at the Bluestone Lake facil- Power Administration shall market the ex- sistance to non-Federal interests for the ity, West Virginia, under the terms and con- cess power produced by the facilities referred project at Virginia Point, located at the con- ditions of the agreement referred to in sub- to in subsection (a) in accordance with sec- fluence of the Ohio and Big Sandy Rivers in section (b). tion 5 of the Rivers and Harbors Act of De- West Virginia, identified by the preferred (b) AGREEMENT.— cember 22, 1944 (16 U.S.C. 825s; 58 Stat. 890). plan set forth in the feasibility study dated (1) AGREEMENT TERMS.—Conditioned upon (f) PAYMENTS.—Notwithstanding any other September 1999, and carried out under the the parties agreeing to mutually acceptable provision of law, the Secretary of Energy, West Virginia-Ohio River Comprehensive terms and conditions, the Secretary and the acting through the Southeastern Power Ad- Study authorized by a resolution dated Sep- Secretary of Energy, acting through the ministration, is authorized to pay in accord- tember 8, 1988, by the Committee on Public Southeastern Power Administration, may ance with the terms of the agreement en- Works and Transportation of the House of enter into a binding agreement with the Tri- tered into under subsection (b) out of the Representatives. Cities Power Authority under which the Tri- revenues from the sale of power produced by (b) AUTHORIZATION OF APPROPRIATIONS.— Cities Power Authority agrees to each of the the generating facility of the interconnected There is authorized to be appropriated to following: systems of reservoirs operated by the Sec- carry out this section $3,100,000. H10278 CONGRESSIONAL RECORD — HOUSE October 18, 2000 SEC. 566. SOUTHERN WEST VIRGINIA. restoration project for the Illinois River ment of projects carried out under this sec- Section 340(a) of the Water Resources De- basin will produce independent, immediate, tion shall be a non-Federal responsibility. velopment Act of 1992 (106 Stat. 4856) is and substantial restoration, preservation, (3) IN-KIND SERVICES.—The value of in-kind amended by inserting ‘‘environmental res- and protection benefits, the Secretary shall services provided by the non-Federal interest toration,’’ after ‘‘distribution facilities,’’. proceed expeditiously with the implementa- for a project or activity carried out under SEC. 567. FOX RIVER SYSTEM, WISCONSIN. tion of the project. this section may be credited toward not Section 332(a) of the Water Resources De- (2) AUTHORIZATION OF APPROPRIATIONS.— more than 80 percent of the non-Federal velopment Act of 1992 (106 Stat. 4852) is There is authorized to be appropriated to share of the cost of the project or activity. amended by adding at the end the following: carry out projects under this subsection In-kind services shall include all State funds ‘‘Such terms and conditions may include a $100,000,000 for fiscal years 2001 through 2004. expended on programs and projects which ac- payment or payments to the State of Wis- (3) FEDERAL SHARE.—The Federal share of complish the goals of this section, as deter- consin to be used toward the repair and reha- the cost of carrying out any project under mined by the Secretary. Such programs and bilitation of the locks and appurtenant fea- this subsection shall not exceed $5,000,000. projects may include the Illinois River Con- tures to be transferred.’’. (d) GENERAL PROVISIONS.— servation Reserve Program, the Illinois Con- (1) WATER QUALITY.—In carrying out servation 2000 Program, the Open Lands SEC. 568. SURFSIDE/SUNSET AND NEWPORT BEACH, CALIFORNIA. projects and activities under this section, Trust Fund, and other appropriate programs The Secretary shall treat the Surfside/Sun- the Secretary shall take into account the carried out in the Illinois River basin. protection of water quality by considering set Newport Beach element of the project for (4) CREDIT.— applicable State water quality standards. beach erosion, Orange County, California, (A) VALUE OF LANDS.—If the Secretary de- (2) PUBLIC PARTICIPATION.—In developing authorized by section 101 of the River and termines that lands or interests in land ac- the comprehensive plan under subsection (b) Harbor Act of 1962 (76 Stat. 1177), as con- quired by a non-Federal interest, regardless and carrying out projects under subsection tinuing construction. of the date of acquisition, are integral to a (c), the Secretary shall implement proce- project or activity carried out under this SEC. 569. ILLINOIS RIVER BASIN RESTORATION. dures to facilitate public participation, in- section, the Secretary may credit the value (a) ILLINOIS RIVER BASIN DEFINED.—In this cluding providing advance notice of meet- of the lands or interests in land toward the section, the term ‘‘Illinois River basin’’ ings, providing adequate opportunity for non-Federal share of the cost of the project means the Illinois River, Illinois, its back- public input and comment, maintaining ap- or activity. Such value shall be determined waters, side channels, and all tributaries, in- propriate records, and making a record of by the Secretary. cluding their watersheds, draining into the the proceedings of meetings available for (B) WORK.—If the Secretary determines Illinois River. public inspection. that any work completed by a non-Federal (b) COMPREHENSIVE PLAN.— (e) COORDINATION.—The Secretary shall in- interest, regardless of the date of comple- (1) DEVELOPMENT.—The Secretary shall de- tegrate and coordinate projects and activi- tion, is integral to a project or activity car- velop, as expeditiously as practicable, a pro- ties carried out under this section with ongo- ried out under this section, the Secretary posed comprehensive plan for the purpose of ing Federal and State programs, projects, may credit the value of the work toward the restoring, preserving, and protecting the Illi- and activities, including the following: non-Federal share of the cost of the project nois River basin. (1) Upper Mississippi River System-Envi- or activity. Such value shall be determined (2) TECHNOLOGIES AND INNOVATIVE AP- ronmental Management Program authorized by the Secretary. PROACHES.—The comprehensive plan shall under section 1103 of the Water Resources SEC. 570. GREAT LAKES. provide for the development of new tech- Development Act of 1986 (33 U.S.C. 652). (a) GREAT LAKES TRIBUTARY MODEL.—Sec- nologies and innovative approaches— (2) Upper Mississippi River Illinois Water- tion 516 of the Water Resources Development (A) to enhance the Illinois River as a vital way System Study. Act of 1996 (33 U.S.C. 2326b) is amended— transportation corridor; (3) Kankakee River Basin General Inves- (1) by adding at the end of subsection (e) (B) to improve water quality within the en- tigation. the following: tire Illinois River basin; (4) Peoria Riverfront Development General ‘‘(3) REPORT.—Not later than December 31, (C) to restore, enhance, and preserve habi- Investigation. 2003, the Secretary shall transmit to Con- tat for plants and wildlife; and (5) Illinois River Ecosystem Restoration gress a report on the Secretary’s activities (D) to increase economic opportunity for General Investigation. under this subsection.’’; and agriculture and business communities. (6) Conservation Reserve Program and (2) in subsection (g)— (3) SPECIFIC COMPONENTS.—The comprehen- other farm programs of the Department of (A) by striking ‘‘There is authorized’’ and sive plan shall include such features as are Agriculture. inserting the following: necessary to provide for— (7) Conservation Reserve Enhancement ‘‘(1) IN GENERAL.—There is authorized’’; (A) the development and implementation Program (State) and Conservation 2000, Eco- (B) by adding at the end the following: of a program for sediment removal tech- system Program of the Illinois Department ‘‘(2) GREAT LAKES TRIBUTARY MODEL.—In nology, sediment characterization, sediment of Natural Resources. addition to amounts made available under transport, and beneficial uses of sediment; (8) Conservation 2000 Conservation Prac- paragraph (1), there is authorized to be ap- (B) the development and implementation tices Program and the Livestock Manage- propriated to carry out subsection (e) of a program for the planning, conservation, ment Facilities Act administered by the Illi- $5,000,000 for each of fiscal years 2002 through evaluation, and construction of measures for nois Department of Agriculture. 2006.’’; and fish and wildlife habitat conservation and re- (9) National Buffer Initiative of the Nat- (C) by aligning the remainder of the text of habilitation, and stabilization and enhance- ural Resources Conservation Service. paragraph (1) (as designated by subparagraph ment of land and water resources in the (10) Nonpoint source grant program admin- (A) of this paragraph) with paragraph (2) (as basin; istered by the Illinois Environmental Pro- added by subparagraph (B) of this para- (C) the development and implementation tection Agency. graph). of a long-term resource monitoring program; (f) JUSTIFICATION.— (b) ALTERNATIVE ENGINEERING TECH- and (1) IN GENERAL.—Notwithstanding section NOLOGIES.— (D) the development and implementation 209 of the Flood Control Act of 1970 (42 U.S.C. (1) DEVELOPMENT OF PLAN.—The Secretary of a computerized inventory and analysis 1962–2) or any other provision of law, in car- shall develop and transmit to Congress a system. rying out activities to restore, preserve, and plan to enhance the application of ecological (4) CONSULTATION.—The comprehensive protect the Illinois River basin under this principles and practices to traditional engi- plan shall be developed by the Secretary in section, the Secretary may determine that neering problems at Great Lakes shores. consultation with appropriate Federal agen- the activities— (2) AUTHORIZATION OF APPROPRIATIONS.— cies, the State of Illinois, and the Illinois (A) are justified by the environmental ben- There is authorized to be appropriated to River Coordinating Council. efits derived by the Illinois River basin; and carry out this subsection $200,000. Activities (5) REPORT TO CONGRESS.—Not later than 2 (B) shall not need further economic jus- under this subsection shall be carried out at years after the date of enactment of this tification if the Secretary determines that Federal expense. Act, the Secretary shall transmit to Con- the activities are cost-effective. (c) FISHERIES AND ECOSYSTEM RESTORA- gress a report containing the comprehensive (2) APPLICABILITY.—Paragraph (1) shall not TION.— plan. apply to any separable element intended to (1) DEVELOPMENT OF PLAN.—The Secretary (6) ADDITIONAL STUDIES AND ANALYSES.— produce benefits that are predominantly un- shall develop and transmit to Congress a After transmission of a report under para- related to the restoration, preservation, and plan for implementing Corps of Engineers ac- graph (5), the Secretary shall continue to protection of the Illinois River basin. tivities, including ecosystem restoration, to conduct such studies and analyses related to (g) COST SHARING.— enhance the management of Great Lakes the comprehensive plan as are necessary, (1) IN GENERAL.—The non-Federal share of fisheries. consistent with this subsection. the cost of projects and activities carried out (2) AUTHORIZATION OF APPROPRIATIONS.— (c) CRITICAL RESTORATION PROJECTS.— under this section shall be 35 percent. There is authorized to be appropriated to (1) IN GENERAL.—If the Secretary, in co- (2) OPERATION, MAINTENANCE, REHABILITA- carry out this subsection $300,000. Activities operation with appropriate Federal agencies TION, AND REPLACEMENT.—The operation, under this subsection shall be carried out at and the State of Illinois, determines that a maintenance, rehabilitation, and replace- Federal expense. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10279

SEC. 571. GREAT LAKES REMEDIAL ACTION (110 Stat. 3703) between the Secretary and ‘‘(f) NON-FEDERAL INTERESTS.—In this sec- PLANS AND SEDIMENT REMEDI- Marshall University or entered into under tion, the term ‘non-Federal interests’ in- ATION. section 350 of the Water Resources Develop- cludes, with the consent of the affected local Section 401 of the Water Resources Devel- ment Act of 1999 (113 Stat. 310) between the government, nonprofit entities, notwith- opment Act of 1990 (33 U.S.C. 1268 note; 110 Secretary and Juniata College. standing section 221 of the Flood Control Act Stat. 3763; 113 Stat. 338) is amended— SEC. 577. NATIONAL RECREATION RESERVATION of 1970 (42 U.S.C. 1962d-5b). (1) in subsection (a)(2)(A) by striking ‘‘50 SERVICE. ‘‘(g) OPERATION AND MAINTENANCE.—The percent’’ and inserting ‘‘35 percent’’; Notwithstanding section 611 of the Treas- non-Federal share of the costs of operation (2) in subsection (b)— ury and General Government Appropriations and maintenance for a project carried out (A) by striking paragraph (3); Act, 1999 (112 Stat. 2861–515), the Secretary under this section shall be 100 percent. (B) in the first sentence of paragraph (4) by may participate in the National Recreation ‘‘(h) CREDIT.—A non-Federal interest shall striking ‘‘50 percent’’ and inserting ‘‘35 per- Reservation Service on an interagency basis receive credit toward the non-Federal share cent’’; and and fund the Department of the Army’s of the cost of a project under this section for (C) by redesignating paragraph (4) as para- share of the cost of activities required for design and construction services and other graph (3); and implementing, operating, and maintaining in-kind consideration provided by the non- (3) in subsection (c) by striking ‘‘$5,000,000 the Service. Federal interest if the Secretary determines for each of fiscal years 1998 through 2000.’’ SEC. 578. HYDROGRAPHIC SURVEY. that such design and construction services and inserting ‘‘$10,000,000 for each of fiscal The Secretary shall enter into an agree- and other in-kind consideration are integral years 2001 through 2005.’’. ment with the Administrator of the National to the project. SEC. 572. GREAT LAKES DREDGING LEVELS AD- Oceanographic and Atmospheric Administra- ‘‘(i) COST LIMITATION.—Not more than JUSTMENT. tion to require the Secretary, not later than $10,000,000 of the amounts appropriated to (a) DEFINITION OF GREAT LAKE.—In this 60 days after the Corps of Engineers com- carry out this section may be allotted for section, the term ‘‘Great Lake’’ means Lake pletes a project involving dredging of a chan- projects in a single locality, but the Sec- Superior, Lake Michigan, Lake Huron (in- nel, to provide data to the Administration in retary may accept funds voluntarily contrib- cluding Lake St. Clair), Lake Erie, and Lake a standard digital format on the results of a uted by a non-Federal or Federal entity for Ontario (including the St. Lawrence River to hydrographic survey of the channel con- the purpose of expanding the scope of the the 45th parallel of latitude). ducted by the Corps of Engineers. services requested by the non-Federal or (b) DREDGING LEVELS.—In operating and SEC. 579. PERCHLORATE. Federal entity. maintaining Federal channels and harbors (a) IN GENERAL.—The Secretary, in co- ‘‘(j) NO EFFECT ON LIABILITY.—The provi- of, and the connecting channels between, the operation with Federal, State, and local gov- sion of assistance under this section shall Great Lakes, the Secretary shall conduct ernment agencies, may participate in studies not relieve from liability any person that such dredging as is necessary to ensure mini- and other investigative activities and in the would otherwise be liable under Federal or mal operation depths consistent with the planning and design of projects determined State law for damages, response costs, nat- original authorized depths of the channels by the Secretary to offer a long-term solu- ural resource damages, restitution, equitable and harbors when water levels in the Great tion to the problem of groundwater contami- relief, or any other relief. Lakes are, or are forecast to be, below the nation caused by perchlorates. ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— (b) INVESTIGATIONS AND PROJECTS.— International Great Lakes Datum of 1985. There is authorized to be appropriated to (1) BOSQUE AND LEON RIVERS.—The Sec- SEC. 573. DREDGED MATERIAL RECYCLING. carry out this section $45,000,000. Such sums retary, in coordination with other Federal (a) PILOT PROGRAM.—The Secretary shall shall remain available until expended.’’. conduct a pilot program to provide incen- agencies and the Brazos River Authority, shall participate under subsection (a) in in- SEC. 581. LAKES PROGRAM. tives for the removal of dredged material Section 602 of the Water Resources Devel- from a confined disposal facility associated vestigations and projects in the Bosque and Leon River watersheds in Texas to assess the opment Act of 1986 (100 Stat. 4148–4149) is fur- with a harbor on the Great Lakes or the ther amended— Saint Lawrence River and a harbor on the impact of the perchlorate associated with the former Naval ‘‘Weapons Industrial Re- (1) in subsection (b) by inserting ‘‘and ac- Delaware River in Pennsylvania for the pur- tivity’’ after ‘‘project’’; pose of recycling the dredged material and serve Plant’’ at McGregor, Texas. (2) CADDO LAKE.—The Secretary, in coordi- (2) in subsection (c) by inserting ‘‘and ac- extending the life of the confined disposal fa- tivities under subsection (f)’’ before the cility. nation with other Federal agencies and the Northeast Texas Municipal Water District, comma; and (b) REPORT.—Not later than 90 days after (3) by adding at the end the following: the date of completion of the pilot program, shall participate under subsection (a) in in- vestigations and projects relating to per- ‘‘(f) CENTER FOR LAKE EDUCATION AND RE- the Secretary shall transmit to Congress a SEARCH, OTSEGO LAKE, NEW YORK.— report on the results of the program. chlorate contamination in Caddo Lake, Texas. ‘‘(1) IN GENERAL.—The Secretary shall con- (c) AUTHORIZATION OF APPROPRIATIONS.— (3) EASTERN SANTA CLARA BASIN.—The Sec- struct an environmental education and re- There is authorized to be appropriated to search facility at Otsego Lake, New York. carry out this section $2,000,000. retary, in coordination with other Federal, State, and local government agencies, shall The purpose of the Center shall be to— SEC. 574. WATERSHED MANAGEMENT, RESTORA- participate under subsection (a) in investiga- ‘‘(A) conduct nationwide research on the TION, AND DEVELOPMENT. tions and projects related to sites that are impacts of water quality and water quantity Section 503(d) of the Water Resources De- sources of perchlorates and that are located on lake hydrology and the hydrologic cycle; velopment Act of 1996 (110 Stat. 3756–3757; 113 in the city of Santa Clarita, California. ‘‘(B) develop technologies and strategies Stat. 288) is amended by adding at the end (c) AUTHORIZATION OF APPROPRIATIONS.— for monitoring and improving water quality the following: For the purposes of carrying out this sec- in the Nation’s lakes; and ‘‘(28) Tomales Bay watershed, California. tion, there is authorized to be appropriated ‘‘(C) provide public education regarding ‘‘(29) Kaskaskia River watershed, Illinois. to the Secretary $25,000,000, of which not to the biological, economic, recreational, and ‘‘(30) Sangamon River watershed, Illinois. exceed $8,000,000 shall be available to carry aesthetic value of the Nation’s lakes. ‘‘(31) Lackawanna River watershed, Penn- out subsection (b)(1), not to exceed $3,000,000 ‘‘(2) USE OF RESEARCH.—The results of re- sylvania. shall be available to carry out subsection search and education activities carried out ‘‘(32) Upper Charles River watershed, Mas- (b)(2), and not to exceed $7,000,000 shall be at the Center shall be applied to the program sachusetts. available to carry out subsection (b)(3). under subsection (a) and to other Federal ‘‘(33) Brazos River watershed, Texas.’’. SEC. 580. ABANDONED AND INACTIVE NONCOAL programs, projects, and activities that are SEC. 575. MAINTENANCE OF NAVIGATION CHAN- MINE RESTORATION. intended to improve or otherwise affect NELS. Section 560 of the Water Resources Devel- lakes. Section 509(a) of the Water Resources De- opment Act of 1999 (33 USC 2336; 113 Stat. ‘‘(3) BIOLOGICAL MONITORING STATION.—A velopment Act of 1996 (110 Stat. 3759; 113 354–355) is amended— central function of the Center shall be to re- Stat. 339) is amended by adding at the end (1) in subsection (a) by striking ‘‘and de- search, develop, test, and evaluate biological the following: sign’’ and inserting ‘‘design, and construc- monitoring technologies and techniques for ‘‘(16) Cameron Loop, Louisiana, as part of tion’’; potential use at lakes listed in subsection (a) the Calcasieu River and Pass Ship Channel. (2) in subsection (c) by striking ‘‘50’’ and and throughout the Nation. ‘‘(17) Morehead City Harbor, North Caro- inserting ‘‘35’’; ‘‘(4) CREDIT.—The non-Federal sponsor lina.’’. (3) in subsection (e) by inserting ‘‘and col- shall receive credit for lands, easements, SEC. 576. SUPPORT OF ARMY CIVIL WORKS PRO- leges and universities, including the mem- rights-of-way, and relocations toward its GRAM. bers of the Western Universities Mine-Land share of project costs. The requirements of section 2361 of title 10, Reclamation and Restoration Consortium, ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—In United States Code, shall not apply to any for the purposes of assisting in the reclama- addition to sums authorized by subsection contract, cooperative research and develop- tion of abandoned noncoal mines and’’ after (d), there is authorized to be appropriated to ment agreement, cooperative agreement, or ‘‘entities’’; and carry out this subsection $6,000,000. Such grant entered into under section 229 of the (4) by striking subsection (f) and inserting sums shall remain available until ex- Water Resources Development Act of 1996 the following: pended.’’. H10280 CONGRESSIONAL RECORD — HOUSE October 18, 2000

SEC. 582. RELEASE OF USE RESTRICTION. and wastewater infrastructure, St. Charles, (17) YUKON, OKLAHOMA.—$5,500,000 for (a) RELEASE.—Notwithstanding any other St. Bernard, and Plaquemines Parishes, Lou- water-related infrastructure, including provision of law, the Tennessee Valley Au- isiana. wells, booster stations, storage tanks, and thority shall grant a release or releases, (16) ST. JOHN THE BAPTIST AND ST. JAMES transmission lines, Yukon, Oklahoma. without monetary consideration, from the PARISHES, LOUISIANA.—Water and sewer im- (18) ALLEGHENY COUNTY, PENNSYLVANIA.— restriction covenant which requires that provements, St. John the Baptist and St. $20,000,000 for water-related environmental property described in subsection (b) shall at James Parishes, Louisiana. infrastructure, Allegheny County, Pennsyl- all times be used solely for the purpose of (17) UNION COUNTY, NORTH CAROLINA.— vania. erecting docks and buildings for shipbuilding Water infrastructure, Union County, North (19) MOUNT JOY TOWNSHIP AND CONEWAGO purposes or for the manufacture or storage Carolina. TOWNSHIP, PENNSYLVANIA.—$8,300,000 for of products for the purpose of trading or (18) HOOD RIVER, OREGON.—Water trans- water and wastewater infrastructure, Mount shipping in transportation. mission infrastructure, Hood River, Oregon. Joy Township and Conewago Township, (b) DESCRIPTION OF PROPERTY.—This sec- (19) MEDFORD, OREGON.—Sewer collection Pennsylvania. tion shall apply only to those lands situated infrastructure, Medford, Oregon. (20) PHOENIXVILLE BOROUGH, CHESTER COUN- in the city of Decatur, Morgan County, Ala- (20) PORTLAND, OREGON.—Water infrastruc- TY, PENNSYLVANIA.—$2,400,000 for water and bama, and running along the easterly bound- ture and resource protection, Portland, Or- sewer infrastructure, Phoenixville Borough, ary of a tract of land described in an inden- egon. Chester County, Pennsylvania. ture conveying such lands to the Ingalls (21) COUDERSPORT, PENNSYLVANIA.—Sewer (21) TITUSVILLE, PENNSYLVANIA.—$7,300,000 Shipbuilding Corporation dated July 29, 1954, system extensions and improvements, for storm water separation and treatment and recorded in deed book 535 at page 6 in Coudersport, Pennsylvania. plant upgrades, Titusville, Pennsylvania. the office of the Probate Judge of Morgan (22) PARK CITY, UTAH.—Water supply infra- (22) WASHINGTON, GREENE, WESTMORELAND, County, Alabama, which are owned or may structure, Park City, Utah. AND FAYETTE COUNTIES, PENNSYLVANIA.— hereafter be acquired by the Alabama Farm- (d) AUTHORIZATION OF APPROPRIATIONS.— $8,000,000 for water and wastewater infra- ers Cooperative, Inc. (1) IN GENERAL.—There is authorized to be structure, Washington, Greene, Westmore- SEC. 583. COMPREHENSIVE ENVIRONMENTAL RE- appropriated $25,000,000 for providing assist- land, and Fayette Counties, Pennsylvania. SOURCES PROTECTION. ance in accordance with subsection (a) to the SEC. 584. MODIFICATION OF AUTHORIZATIONS (a) IN GENERAL.—Under section 219(a) of projects described in subsection (c). FOR ENVIRONMENTAL PROJECTS. the Water Resources Development Act of (2) AVAILABILITY.—Sums authorized to be Section 219 of the Water Resources Devel- 1992 (106 Stat. 4835), the Secretary may pro- appropriated under this subsection shall re- opment Act of 1992 (106 Stat. 4835, 4836) is vide technical, planning, and design assist- main available until expended. amended— ance to non-Federal interests to carry out (e) ADDITIONAL ASSISTANCE FOR CRITICAL (1) in subsection (e)(6) by striking water-related projects described in this sec- RESOURCE PROJECTS.—The Secretary may ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’; tion. provide assistance in accordance with sub- (2) in subsection (f)(4) by striking (b) NON-FEDERAL SHARE.—Notwithstanding section (a) and assistance for construction ‘‘$15,000,000’’ and inserting ‘‘$35,000,000’’; section 219(b) of the Water Resources Devel- for each the following projects: (3) in subsection (f)(21) by striking opment Act of 1992 (106 Stat. 4835), the non- (1) DUCK RIVER, CULLMAN, ALABAMA.— ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; Federal share of the cost of each project as- $5,000,000 for water supply infrastructure, (4) in subsection (f)(25) by striking sisted in accordance with this section shall Duck River, Cullman, Alabama. ‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’; be 25 percent. (2) UNION COUNTY, ARKANSAS.—$52,000,000 (5) in subsection (f)(30) by striking (c) PROJECT DESCRIPTIONS.—The Secretary for water supply infrastructure, including fa- ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; may provide assistance in accordance with cilities for withdrawal, treatment, and dis- (6) in subsection (f)(43) by striking subsection (a) to each of the following tribution, Union County, Arkansas. ‘‘$15,000,000’’ and inserting ‘‘$35,000,000’’; and projects: (3) CAMBRIA, CALIFORNIA.—$10,300,000 for de- (7) in subsection (f) by adding at the end (1) MARANA, ARIZONA.—Wastewater treat- salination infrastructure, Cambria, Cali- the following new paragraph: ment and distribution infrastructure, fornia. ‘‘(44) WASHINGTON, D.C., AND MARYLAND.— Marana, Arizona. (4) LOS ANGELES HARBOR/TERMINAL ISLAND, $15,000,000 for the project described in sub- (2) EASTERN ARKANSAS ENTERPRISE COMMU- CALIFORNIA.—$6,500,000 for wastewater recy- section (c)(1), modified to include measures NITY, ARKANSAS.—Water-related infrastruc- cling infrastructure, Los Angeles Harbor/ to eliminate or control combined sewer over- ture, Eastern Arkansas Enterprise Commu- Terminal Island, California. flows in the Anacostia River watershed.’’. nity, Cross, Lee, Monroe, and St. Francis (5) NORTH VALLEY REGION, LANCASTER, CALI- SEC. 585. LAND CONVEYANCES. Counties, Arkansas. FORNIA.—$14,500,000 for water infrastructure, (a) THOMPSON, CONNECTICUT.— (3) CHINO HILLS, CALIFORNIA.—Storm water North Valley Region, Lancaster, California. (1) IN GENERAL.—The Secretary shall con- and sewage collection infrastructure, Chino (6) SAN DIEGO COUNTY, CALIFORNIA.— vey by quitclaim deed without consideration Hills, California. $10,000,000 for water-related infrastructure, to the town of Thompson, Connecticut, all (4) CLEAR LAKE BASIN, CALIFORNIA.—Water- San Diego County, California. right, title, and interest of the United States related infrastructure and resource protec- (7) SOUTH PERRIS, CALIFORNIA.—$25,000,000 in and to the approximately 1.36-acre parcel tion, Clear Lake Basin, California. for water supply desalination infrastructure, of land described in paragraph (2) for public (5) DESERT HOT SPRINGS, CALIFORNIA.—Re- South Perris, California. ownership and use by the town for fire fight- source protection and wastewater infrastruc- (8) AURORA, ILLINOIS.—$8,000,000 for waste- ing and related emergency services purposes. ture, Desert Hot Springs, California. water infrastructure to reduce or eliminate (2) LAND DESCRIPTION.—The parcel of land (6) EASTERN MUNICIPAL WATER DISTRICT, combined sewer overflows, Aurora, Illinois. referred to in paragraph (1) is in the town of CALIFORNIA.—Regional water-related infra- (9) COOK COUNTY, ILLINOIS.—$35,000,000 for Thompson, county of Windham, State of structure, Eastern Municipal Water District, water-related infrastructure and resource Connecticut, on the northerly side of West California. protection and development, Cook County, Thompson Road owned by the United States (7) HUNTINGTON BEACH, CALIFORNIA.—Water Illinois. and shown as Parcel A on a plan by Provost, supply and wastewater infrastructure, Hun- (10) MADISON AND ST. CLAIR COUNTIES, ILLI- Rovero, Fitzback entitled ‘‘Property Survey tington Beach, California. NOIS.—$10,000,000 for water and wastewater Prepared for West Thompson Independent (8) INGLEWOOD, CALIFORNIA.—Water infra- assistance, Madison and St. Clair Counties, Firemen Association #1’’ dated August 24, structure, Inglewood, California. Illinois. 1998, bounded and described as follows: (9) LOS OSOS COMMUNITY SERVICE DISTRICT, (11) IBERIA PARISH, LOUISIANA.—$5,000,000 Beginning at a bound labeled WT–276 on CALIFORNIA.—Wastewater infrastructure, Los for water and wastewater infrastructure, Ibe- the northerly side line of West Thompson Osos Community Service District, Cali- ria Parish, Louisiana. Road, so called, at the most south corner of fornia. (12) KENNER, LOUISIANA.—$5,000,000 for the Parcel herein described and at land now (10) NORWALK, CALIFORNIA.—Water-related wastewater infrastructure, Kenner, Lou- or formerly of West Thompson Independent infrastructure, Norwalk, California. isiana. Firemen Association No. 1; (11) KEY BISCAYNE, FLORIDA.—Sanitary (13) GARRISON AND KATHIO TOWNSHIP, MIN- Thence in a generally westerly direction sewer infrastructure, Key Biscayne, Florida. NESOTA.—$11,000,000 for a wastewater infra- by said northerly side line of West Thompson (12) SOUTH TAMPA, FLORIDA.—Water supply structure project for the city of Garrison and Road, by a curve to the left, having a radius and aquifer storage and recovery infrastruc- Kathio Township, Minnesota. of 640.00 feet a distance of 169.30 feet to a ture, South Tampa, Florida. (14) NEWTON, NEW JERSEY.—$7,000,000 for point; (13) FORT WAYNE, INDIANA.—Combined water filtration infrastructure, Newton, New Thence North 13 degrees, 08 minutes, 37 sewer overflow infrastructure and wetlands Jersey. seconds East by the side line of said West protection, Fort Wayne, Indiana. (15) LIVERPOOL, NEW YORK.—$2,000,000 for Thompson Road a distance of 10.00 feet to a (14) INDIANAPOLIS, INDIANA.—Combined water infrastructure, including a pump sta- point; sewer overflow infrastructure, Indianapolis, tion, Liverpool, New York. Thence in a generally westerly direction Indiana. (16) STANLY COUNTY, NORTH CAROLINA.— by the northerly side line of said West (15) ST. CHARLES, ST. BERNARD, AND $8,900,000 for wastewater infrastructure, Thompson Road, by a curve to the left hav- PLAQUEMINES PARISHES, LOUISIANA.—Water Stanly County, North Carolina. ing a radius of 650.00 feet a distance of 109.88 October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10281 feet to a bound labeled WT–123, at land now said easterly right-of-way line, as now de- (viii) North 88° 42′ 48′′ East—374.92 feet to a or formerly of the United States of America; scribed point, thence Thence North 44 degrees, 43 minutes, 07 (I) North 08° 41′ 30′′ East—30.62 feet to a (ix) North 56° 53′ 40′′ East—53.16 feet to a seconds East by said land now or formerly of point, thence crossing to include a portion of point, thence the United States of America a distance of aforesaid A&T Lot 801 and a portion of the (x) North 86° 00′ 15′′ East—26.17 feet to a 185.00 feet to a point; aforesaid Dalecarlia Reservoir Grounds, as point, thence Thence North 67 degrees, 34 minutes, 13 now described (xi) South 87° 24′ 50′′ East—464.01 feet to a seconds East by said land now or formerly of (J) North 87° 09′ 00′′ East—373.96 feet to a point, thence the United States of America a distance of point, thence (xii) North 83° 34′ 31′′ East—50.62 feet to a 200.19 feet to a point in a stonewall; (K) North 88° 42′ 48′′ East—374.92 feet to a point, thence Thence South 20 degrees, 49 minutes, 17 point, thence (xiii) South 02° 35′ 10′′ West—46.46 feet to a seconds East by a stonewall and by said land (L) North 56° 53′ 40′′ East—53.16 feet to a point, thence now or formerly of the United States of point, thence (xiv) South 13° 38′ 12′′ East—107.83 feet to a America a distance of 253.10 feet to a point at (M) North 86° 00′ 15′′ East—26.17 feet to a point, thence land now or formerly of West Thompson point, thence (xv) South 35° 05′ 40′′ East—347.97 feet to a Independent Firemen Association No. 1; (N) South 87° 24′ 50′′ East—464.01 feet to a point on the aforesaid northerly right-of-way Thence North 57 degrees, 45 minutes, 25 point, thence line of Dalecarlia Parkway, thence with said seconds West by land now or formerly of said (O) North 83° 34′ 31′′ East—212.62 feet to a right-of-way line, as now described West Thompson Independent Firemen Asso- point, thence (xvi) 44.12 feet along the arc of a curve to ciation No. 1 a distance of 89.04 feet to a (P) South 30° 16′ 12′′ East—108.97 feet to a the right having a radius of 855.00 feet, chord bound labeled WT–277; point, thence bearing and distance of South 58° 59′ 22′′ Thence South 32 degrees, 14 minutes, 35 (Q) South 38° 30′ 23′′ East—287.46 feet to a West—44.11 feet to the place of beginning seconds West by land now or formerly of said point, thence containing 1.7157 acres of land more or less West Thompson Independent Firemen Asso- (R) South 09° 03′ 38′′ West—92.74 feet to the as now described by Maddox Engineers and ciation No. 1 a distance of 123.06 feet to the Surveyors, Inc., June 2000, Job #00015. point of beginning. point on the aforesaid westerly right-of-way line of Dalecarlia Parkway, thence with said (4) APPRAISAL.—Before conveying any (3) REVERSION.—If the Secretary deter- right, title, or interest under this subsection, mines that the parcel described in paragraph westerly right-of-way line, as now described (S) 197.74 feet along the arc of a curve to the Secretary shall obtain an appraisal of (2) ceases to be held in public ownership or the fair market value of the parcel. used for fire fighting and related emergency the right having a radius of 916.00 feet, chord ° ′ ′′ (c) ONTONAGON, MICHIGAN.— services, all right, title, and interest in and bearing and distance of South 53 54 43 (1) IN GENERAL.—The Secretary shall con- to the parcel shall revert to the United West—197.35 feet to the place of beginning. vey by quitclaim deed without consideration States. (3) TERMS AND CONDITIONS.—The convey- to the Ontonagon County Historical Society (b) SIBLEY MEMORIAL HOSPITAL, WASH- ance under this subsection shall be subject INGTON, DISTRICT OF COLUMBIA.— to the following terms and conditions: all right, title, and interest of the United (1) IN GENERAL.—The Secretary shall con- (A) LIMITATION ON THE USE OF CERTAIN POR- States in and to the parcel of land under- vey to the Lucy Webb Hayes National Train- TIONS OF THE PARCEL.—The Secretary shall lying and immediately surrounding the ing School for Deaconesses and Missionaries include in any deed conveying the parcel lighthouse at Ontonagon, Michigan, con- Conducting Sibley Memorial Hospital (in under this section a restriction to prevent sisting of approximately 1.8 acres, together this subsection referred to as the ‘‘Hospital’’) the Hospital, and its successors and assigns, with any improvements thereon, for public by quitclaim deed under the terms of a nego- from constructing any structure, other than ownership and for public purposes. tiated sale, all right, title, and interest of a structure used exclusively for the parking (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.— the United States in and to the 8.864-acre of motor vehicles, on the portion of the par- The exact acreage and the legal description parcel of land described in paragraph (2) for cel that lies between the Washington Aque- of the real property described in paragraph medical care and parking purposes. The con- duct and Little Falls Road. (1) shall be determined by a survey that is sideration paid under such negotiated sale (B) LIMITATION ON CERTAIN LEGAL CHAL- satisfactory to the Secretary. shall reflect the value of the parcel, taking LENGES.—The Secretary shall require the (3) REVERSION.—If the Secretary deter- into consideration the terms and conditions Hospital, and its successors and assigns, to mines that the real property described in of the conveyance imposed under this sub- refrain from raising any legal challenge to paragraph (1) ceases to be held in public own- section. the operations of the Washington Aqueduct ership or used for public purposes, all right, (2) LAND DESCRIPTION.—The parcel of land arising from any impact such operations title, and interest in and to the property referred to in paragraph (1) is the parcel de- may have on the activities conducted by the shall revert to the United States. scribed as follows: Beginning at a point on Hospital on the parcel. (d) PIKE COUNTY, MISSOURI.— the westerly right-of-way line of Dalecarlia (C) EASEMENT.—The Secretary shall re- (1) LAND EXCHANGE.—Subject to paragraphs Parkway, said point also being on the south- quire that the conveyance be subject to the (3) and (4), at such time as S.S.S., Inc. con- erly division line of part of Square N1448, retention of an easement permitting the veys all right, title, and interest in and to A&T Lot 801 as recorded in A&T 2387 and United States, and its successors and as- the parcel of land described in paragraph part of the property of the United States signs, to use and maintain the portion of the (2)(A) to the United States, the Secretary Government, thence with said southerly di- parcel described as follows: Beginning at a shall convey by quitclaim deed all right, vision line now described: point on the easterly or South 35° 05′ 40′′ title, and interest in the parcel of land de- (A) North 35° 05′ 40′′ West—436.31 feet to a East—436.31 foot plat line of Lot 25 as shown scribed in paragraph (2)(B) to S.S.S., Inc. point, thence on a subdivision plat recorded in book 175 (2) LAND DESCRIPTION.—The parcels of land (B) South 89° 59′ 30′′ West—550 feet to a page 102 among the records of the Office of referred to in paragraph (1) are the following: point, thence the Surveyor of the District of Columbia, (A) NON-FEDERAL LAND.—8.99 acres with ex- (C) South 53° 48′ 00′′ West—361.08 feet to a said point also being on the northerly right- isting flowage easements situated in Pike point, thence of-way line of Dalecarlia Parkway, thence County, Missouri, adjacent to land being ac- (D) South 89° 59′ 30′′ West—466.76 feet to a running with said easterly line of Lot 25 and quired from Holnam, Inc. by the Corps of En- point at the southwesterly corner of the crossing to include a portion of the aforsaid gineers. aforesaid A&T Lot 801, said point also being Dalecarlia Reservoir Grounds as now de- (B) FEDERAL LAND.—8.99 acres situated in on the easterly right-of-way line of Mac- scribed: Pike County, Missouri, known as Govern- Arthur Boulevard, thence with a portion of (i) North 35° 05′ 40′′ West—495.13 feet to a ment Tract Numbers FM–46 and FM–47, ad- the westerly division line of said A&T Lot point, thence ministered by the Corps of Engineers. 801 and the easterly right-of-way line of Mac- (ii) North 87° 24′ 50′′ West—414.43 feet to a (3) CONDITIONS.—The exchange of land Arthur Boulevard, as now described. point, thence under paragraph (1) shall be subject to the (E) 78.62 feet along the arc of a curve to the (iii) South 81° 08′ 00′′ West—69.56 feet to a following conditions: right having a radius of 650.98 feet, chord point, thence (A) DEEDS.— bearing and distance of North 06° 17′ 20′′ (iv) South 88° 42′ 48′′ West—367.50 feet to a (i) NON-FEDERAL LAND.—The conveyance of West—78.57 feet to a point, thence crossing point, thence the land described in paragraph (2)(A) to the to include a portion of aforesaid A&T Lot 801 (v) South 87° 09′ 00′′ West—379.68 feet to a Secretary shall be by a quitclaim deed ac- and a portion of the aforesaid Dalecarlia point on the easterly right-of-way line of ceptable to the Secretary. Reservoir Grounds, as now described MacArthur Boulevard, thence with said eas- (ii) FEDERAL LAND.—The instrument of (F) North 87° 18′ 21′′ East—258.85 feet to a terly right-of-way line, as now described conveyance used to convey the land de- point, thence (vi) North 08° 41′ 30′′ East—30.62 feet to a scribed in paragraph (2)(B) to S.S.S., Inc. (G) North 02° 49′ 16′′ West—214.18 feet to a point, thence crossing to include a portion of shall contain such reservations, terms, and point, thence the aforesaid Dalecarlia Reservoir Grounds, conditions as the Secretary considers nec- (H) South 87° 09′ 00′′ West—238.95 feet to a as now described essary to allow the United States to operate point on the aforesaid easterly right-of-way (vii) North 87° 09′ 00′′ East—373.96 feet to a and maintain the Mississippi River 9-Foot line of MacArthur Boulevard, thence with point, thence Navigation Project. H10282 CONGRESSIONAL RECORD — HOUSE October 18, 2000

(B) REMOVAL OF IMPROVEMENTS.—S.S.S., (2) TREATMENT OF LOCK, DAM, APPURTENANT (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.— Inc. may remove any improvements on the FEATURES, AND PARK AND RECREATION AREA.— The exact acreage and the legal description land described in paragraph (2)(A). The Sec- The lock, dam, appurtenant features, adja- of the real property described in paragraph retary may require S.S.S., Inc. to remove cent park and recreation area, and other (1) shall be determined by a survey that is any improvements on the land described in project lands, to be conveyed under para- satisfactory to the Secretary. paragraph (2)(A). In either case, S.S.S., Inc. graph (1) shall not be treated as part of any (3) REVERSION.—If the Secretary deter- shall hold the United States harmless from Federal water resources project after the ef- mines that the property conveyed under liability, and the United States shall not fective date of the transfer. paragraph (1) ceases to be held in public own- incur costs associated with the removal or (3) OPERATION AND MAINTENANCE.—Oper- ership or to be used as headquarters of the relocation of any of the improvements. ation and maintenance of all features of the park district or for other purposes, all right, (C) TIME LIMIT FOR EXCHANGE.—The land navigation project, other than the lock, dam, title, and interest in and to such property exchange under paragraph (1) shall be com- appurtenant features, adjacent park and shall revert to the United States. pleted not later than 2 years after the date of recreation area, and other project lands to be (k) OTTAWA, ILLINOIS.— enactment of this Act. conveyed under paragraph (1), shall continue (1) CONVEYANCE OF PROPERTY.—Subject to (D) LEGAL DESCRIPTION.—The Secretary to be a Federal responsibility after the effec- the terms, conditions, and reservations of shall provide the legal description of the tive date of the transfer under paragraph (1). paragraph (2), the Secretary shall convey by lands described in paragraph (2). The legal (h) TRI-CITIES AREA, WASHINGTON.—Section quitclaim deed to the Young Men’s Christian description shall be used in the instruments 501(i) of the Water Resources Development Association of Ottawa, Illinois (in this sub- of conveyance of the lands. Act of 1996 (110 Stat. 3752–3753) is amended— section referred to as the ‘‘YMCA’’), all (1) by inserting before the period at the end (4) VALUE OF PROPERTIES.—If the appraised right, title, and interest of the United States of paragraph (1) the following: ‘‘; except that fair market value, as determined by the Sec- in and to a portion of the easements acquired any of such local governments, with the retary, of the land conveyed to S.S.S., Inc. for the improvement of the Illinois Water- agreement of the appropriate district engi- by the Secretary under paragraph (1) exceeds way project over a parcel of real property neer, may exempt from the conveyance to the appraised fair market value, as deter- owned by the YMCA, known as the ‘‘Ottawa, the local government all or any part of the mined by the Secretary, of the land conveyed Illinois YMCA Site’’, and located at 201 E. lands to be conveyed to the local govern- to the United States by S.S.S., Inc. under Jackson Street, Ottawa, La Salle County, Il- ment’’; and paragraph (1), S.S.S., Inc. shall make a pay- linois (portion of NE 1⁄4, S11, T33N, R3E 3PM), (2) by inserting before the period at the end ment equal to the excess in cash or a cash except that portion lying below the elevation of paragraph (2)(C) the following: ‘‘; except equivalent to the United States. of 461 feet National Geodetic Vertical that approximately 7.4 acres in Columbia (e) CANDY LAKE PROJECT, OSAGE COUNTY, Park, Kennewick, Washington, consisting of Datum. OKLAHOMA.—Section 563(c)(1)(B) of the Water the historic site located in the Park and (2) CONDITIONS.—The following conditions Resources Development Act of 1999 (113 Stat. known and referred to as the Kennewick Man apply to the conveyance under paragraph (1): 357) is amended by striking ‘‘a deceased indi- Site and such adjacent wooded areas as the (A) The exact acreage and the legal de- vidual’’ and inserting ‘‘an individual’’. Secretary determines are necessary to pro- scription of the real property described in (f) MANOR TOWNSHIP, PENNSYLVANIA.— tect the historic site, shall remain in Federal paragraph (1) shall be determined by a sur- (1) IN GENERAL.—In accordance with this ownership’’. vey that is satisfactory to the Secretary. subsection, the Secretary shall convey by (i) BAYOU TECHE, LOUISIANA.— (B) The YMCA shall agree to hold and save quitclaim deed to the township of Manor, (1) IN GENERAL.—After renovations of the the United States harmless from liability as- Pennsylvania, all right, title, and interest of Keystone Lock facility have been completed, sociated with the operation and maintenance the United States in and to the approxi- the Secretary may convey by quitclaim deed of the Illinois Waterway project on the prop- mately 113 acres of real property located at without consideration to St. Martin Parish, erty desscribed in paragraph (1). Crooked Creek Lake, together with any im- Louisiana, all rights, interests, and title of (C) If the Secretary determines that any provements on the land. the United States in the approximately 12.03 portion of the property that is the subject of (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.— acres of land under the administrative juris- the easement conveyed under paragraph (1) The exact acreage and the legal description diction of the Secretary in Bayou Teche, ceases to be used as the YMCA, all right, of the real property described in paragraph Louisiana, together with improvements title, and interest in and to such easement (1) shall be determined by a survey that is thereon. The dam and the authority to re- shall revert to the Secretary. satisfactory to the Secretary. tain upstream pool elevations shall remain (l) ST. CLAIR AND BENTON COUNTIES, MIS- (3) CONSIDERATION.—The Secretary may under the jurisdiction of the Secretary. The SOURI.— convey under this subsection without consid- Secretary shall relinquish all operations and (1) IN GENERAL.—The Secretary shall con- eration any portion of the real property de- maintenance of the lock to St. Martin Par- vey to the Iconium Fire Protection District, scribed in paragraph (1) if the portion is to ish. St. Clair and Benton counties, Missouri, by be retained in public ownership and be used (2) CONDITIONS.—The following conditions quitclaim deed and without consideration, for public park and recreation or other pub- apply to the transfer under paragraph (1): all right, title, and interest of the United lic purposes. (A) St. Martin Parish shall operate, main- States in and to the parcel of land described (4) REVERSION.—If the Secretary deter- tain, repair, replace, and rehabilitate the in paragraph (2). mines that any portion of the property con- lock in accordance with regulations pre- (2) LAND DESCRIPTION.—The parcel of land veyed under paragraph (3) ceases to be held scribed by the Secretary which are con- to be conveyed under paragraph (1) is the in public ownership or to be used for public sistent with the project’s authorized pur- tract of land located in the Southeast 1⁄4 of park and recreation or other public purposes, poses. Section 13, Township 39 North, Range 25 all right, title, and interest in and to such (B) The Parish shall provide the Secretary West, of the Fifth Principal Meridian, St. portion of property shall revert to the Sec- access to the dam whenever the Secretary Clair County, Missouri, more particularly retary. notifies the Parish of a need for access to the described as follows: Commencing at the (5) PAYMENT OF COSTS.—The township of dam. Southwest corner of Section 18, as des- Manor, Pennsylvania shall be responsible for (C) If the Parish fails to comply with sub- ignated by Corps survey marker AP 18–1, all costs associated with a conveyance under paragraph (A), the Secretary shall notify the thence northerly 11.22 feet to the southeast this subsection, including the cost of con- Parish of such failure. If the parish does not corner of Section 13, thence 657.22 feet north ducting the survey referred to in paragraph correct such failure during the 1-year period along the east line of Section 13 to Corps (2). beginning on the date of such notification, monument 18 1–C lying within the right-of- (g) NEW SAVANNAH BLUFF LOCK AND DAM, the Secretary shall have a right of reverter way of State Highway C, being the point of SAVANNAH RIVER, SOUTH CAROLINA, BELOW to reclaim possession and title to the land beginning of the tract of land herein de- AUGUSTA.— and improvements conveyed under this sec- scribed; thence westerly approximately 210 (1) IN GENERAL.—The Secretary shall con- tion or, in the case of a failure to make nec- feet, thence northerly 150 feet, thence eas- vey by quitclaim deed to the city of North essary repairs, the Secretary may effect the terly approximately 210 feet to the east line Augusta and Aiken County, South Carolina, repairs and require payment from the Parish of Section 13, thence southerly along said the lock, dam, and appurtenant features at for the repairs made by the Secretary. east line, 150 feet to the point of beginning, New Savannah Bluff, including the adjacent (j) JOLIET, ILLINOIS.— containing 0.723 acres, more or less. approximately 50-acre park and recreation (1) IN GENERAL.—The Secretary shall con- (3) REVERSION.—If the Secretary deter- area with improvements of the navigation vey by quitclaim deed without consideration mines that the property conveyed under project, Savannah River Below Augusta, to the Joliet Park District in Joliet, Illinois, paragraph (1) ceases to be held in public own- Georgia, authorized by the first section of all right, title, and interest of the United ership or to be used as a site for a fire sta- the River and Harbor Act of July 3, 1930 (46 States in and to the parcel of real property tion, all right, title, and interest in and to Stat. 924), subject to the execution of an located at 622 Railroad Street in the city of such property shall revert to the United agreement by the Secretary and the city of Joliet, consisting of approximately 2 acres, States. North Augusta and Aiken County, South together with any improvements thereon, for (m) GENERALLY APPLICABLE PROVISIONS.— Carolina, that specifies the terms and condi- public ownership and use as the site of the (1) APPLICABILITY OF PROPERTY SCREENING tions for such conveyance. headquarters of the park district. PROVISIONS.—Section 2696 of title 10, United October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10283 States Code, shall not apply to any convey- modification to the project authorized by (I) take into account the protection of ance under this section. this section or any other provision of law. water quality by considering applicable (2) ADDITIONAL TERMS AND CONDITIONS.— (2) GOVERNOR.—The term ‘‘Governor’’ State water quality standards; and The Secretary may require that any convey- means the Governor of the State of Florida. (II) include such features as the Secretary ance under this section be subject to such (3) NATURAL SYSTEM.— determines are necessary to ensure that all additional terms and conditions as the Sec- (A) IN GENERAL.—The term ‘‘natural sys- ground water and surface water discharges retary considers appropriate and necessary tem’’ means all land and water managed by from any project feature authorized by this to protect the interests of the United States. the Federal Government or the State within subsection will meet all applicable water (3) COSTS OF CONVEYANCE.—An entity to the South Florida ecosystem. quality standards and applicable water qual- which a conveyance is made under this sec- (B) INCLUSIONS.—The term ‘‘natural sys- ity permitting requirements. tion shall be responsible for all reasonable tem’’ includes— (iii) REVIEW AND COMMENT.—In developing and necessary costs, including real estate (i) water conservation areas; the projects authorized under subparagraph transaction and environmental compliance (ii) sovereign submerged land; (B), the Secretary shall provide for public re- costs, associated with the conveyance. (iii) Everglades National Park; view and comment in accordance with appli- (4) LIABILITY.—An entity to which a con- (iv) Biscayne National Park; cable Federal law. veyance is made under this section shall hold (v) Big Cypress National Preserve; (B) PILOT PROJECTS.—The following pilot the United States harmless from any liabil- (vi) other Federal or State (including a po- projects are authorized for implementation, ity with respect to activities carried out, on litical subdivision of a State) land that is after review and approval by the Secretary, at a total cost of $69,000,000, with an esti- or after the date of the conveyance, on the designated and managed for conservation mated Federal cost of $34,500,000 and an esti- real property conveyed. The United States purposes; and mated non-Federal cost of $34,500,000: shall remain responsible for any liability (vii) any tribal land that is designated and (i) Caloosahatchee River (C–43) Basin ASR, with respect to activities carried out, before managed for conservation purposes, as ap- at a total cost of $6,000,000, with an esti- such date, on the real property conveyed. proved by the tribe. SEC. 586. BRUCE F. VENTO UNIT OF THE BOUND- mated Federal cost of $3,000,000 and an esti- (4) PLAN.—The term ‘‘Plan’’ means the mated non-Federal cost of $3,000,000. ARY WATERS CANOE AREA WILDER- Comprehensive Everglades Restoration Plan NESS, MINNESOTA. (ii) Lake Belt In-Ground Reservoir Tech- contained in the ‘‘Final Integrated Feasi- (a) DESIGNATION.—The portion of the nology, at a total cost of $23,000,000, with an bility Report and Programmatic Environ- Boundary Waters Canoe Area Wilderness, estimated Federal cost of $11,500,000 and an Minnesota, situated north and cast of the mental Impact Statement’’, dated April 1, estimated non-Federal cost of $11,500,000. Gunflint Corridor and that is bounded by the 1999, as modified by this section. (iii) L–31N Seepage Management, at a total United States border with Canada to the (5) SOUTH FLORIDA ECOSYSTEM.— cost of $10,000,000, with an estimated Federal north shall be known and designated as the (A) IN GENERAL.—The term ‘‘South Florida cost of $5,000,000 and an estimated non-Fed- ‘‘Bruce F. Vento Unit of the Boundary Wa- ecosystem’’ means the area consisting of the eral cost of $5,000,000. ters Canoe Area Wilderness’’. land and water within the boundary of the (iv) Wastewater Reuse Technology, at a (b) LEGAL REFERENCE.—Any reference in a South Florida Water Management District in total cost of $30,000,000, with an estimated law, map, regulation, document, paper, or effect on July 1, 1999. Federal cost of $15,000,000 and an estimated other record of the United States to the area (B) INCLUSIONS.—The term ‘‘South Florida non-Federal cost of $15,000,000. referred to in paragraph (1) shall be deemed ecosystem’’ includes— (C) INITIAL PROJECTS.—The following to be a reference to the ‘‘Bruce F. Vento (i) the Everglades; projects are authorized for implementation, Unit of the Boundary Waters Canoe Area (ii) the Florida Keys; and after review and approval by the Secretary, Wilderness’’. (iii) the contiguous near-shore coastal subject to the conditions stated in subpara- SEC. 587. WAURIKA LAKE, OKLAHOMA. water of South Florida. graph (D), at a total cost of $1,100,918,000, The remaining obligation of the Waurika (6) STATE.—The term ‘‘State’’ means the with an estimated Federal cost of $550,459,000 Project Master Conservancy District payable State of Florida. and an estimated non-Federal cost of to the United States Government in the $550,459,000: (b) COMPREHENSIVE EVERGLADES RESTORA- amounts, rates of interest, and payment (i) C–44 Basin Storage Reservoir, at a total schedules is set at the amounts, rates of in- TION PLAN.— cost of $112,562,000, with an estimated Fed- terest, and payment schedules that existed, (1) APPROVAL.— eral cost of $56,281,000 and an estimated non- and that both parties agreed to, on June 3, (A) IN GENERAL.—Except as modified by Federal cost of $56,281,000. 1986, and may not be adjusted, altered, or this section, the Plan is approved as a frame- (ii) Everglades Agricultural Area Storage changed without a specific, separate, and work for modifications and operational Reservoirs—Phase I, at a total cost of written agreement between the District and changes to the Central and Southern Florida $233,408,000, with an estimated Federal cost the United States Government. Project that are needed to restore, preserve, of $116,704,000 and an estimated non-Federal SEC. 588. COLUMBIA RIVER TREATY FISHING AC- and protect the South Florida ecosystem cost of $116,704,000. CESS. while providing for other water-related needs (iii) Site 1 Impoundment, at a total cost of Section 401(d) of the Act entitled ‘‘An Act of the region, including water supply and $38,535,000, with an estimated Federal cost of to establish procedures for review of tribal flood protection. The Plan shall be imple- $19,267,500 and an estimated non-Federal cost constitutions and bylaws or amendments mented to ensure the protection of water of $19,267,500. thereto pursuant to the Act of June 18, 1934 quality in, the reduction of the loss of fresh (iv) Water Conservation Areas 3A/3B Levee (48 Stat. 987)’’, approved November 1, 1988 water from, and the improvement of the en- Seepage Management, at a total cost of (102 Stat. 2944), is amended by striking vironment of the South Florida ecosystem $100,335,000, with an estimated Federal cost ‘‘$2,000,000’’ and inserting ‘‘$4,000,000’’. and to achieve and maintain the benefits to of $50,167,500 and an estimated non-Federal SEC. 589. DEVILS LAKE, NORTH DAKOTA. the natural system and human environment cost of $50,167,500. No appropriation shall be made to con- described in the Plan, and required pursuant (v) C–11 Impoundment and Stormwater struct an emergency outlet from Devils to this section, for as long as the project is Treatment Area, at a total cost of Lake, North Dakota, to the Sheyenne River authorized. $124,837,000, with an estimated Federal cost if the final plans for the emergency outlet (B) INTEGRATION.—In carrying out the of $62,418,500 and an estimated non-Federal have not been approved by resolutions adopt- Plan, the Secretary shall integrate the ac- cost of $62,418,500. ed by the Committee on Transportation and tivities described in subparagraph (A) with (vi) C–9 Impoundment and Stormwater Infrastructure of the House of Representa- ongoing Federal and State projects and ac- Treatment Area, at a total cost of $89,146,000, tives and the Committee on Environment tivities in accordance with section 528(c) of with an estimated Federal cost of $44,573,000 and Public Works of the Senate. the Water Resources Development Act of and an estimated non-Federal cost of TITLE VI—COMPREHENSIVE EVERGLADES 1996 (110 Stat. 3769). Unless specifically pro- $44,573,000. RESTORATION vided herein, nothing in this section shall be (vii) Taylor Creek/Nubbin Slough Storage SEC. 601. COMPREHENSIVE EVERGLADES RES- construed to modify any existing cost share and Treatment Area, at a total cost of TORATION PLAN. or responsibility for projects as listed in sub- $104,027,000, with an estimated Federal cost (a) DEFINITIONS.—In this section, the fol- section (c) or (e) of section 528 of the Water of $52,013,500 and an estimated non-Federal lowing definitions apply: Resources Development Act of 1996 (110 Stat. cost of $52,013,500. (1) CENTRAL AND SOUTHERN FLORIDA 3769). (viii) Raise and Bridge East Portion of PROJECT.— (2) SPECIFIC AUTHORIZATIONS.— Tamiami Trail and Fill Miami Canal within (A) IN GENERAL.—The term ‘‘Central and (A) IN GENERAL.— Water Conservation Area 3, at a total cost of Southern Florida Project’’ means the project (i) PROJECTS.—The Secretary shall carry $26,946,000, with an estimated Federal cost of for Central and Southern Florida authorized out the projects included in the Plan in ac- $13,473,000 and an estimated non-Federal cost under the heading ‘‘CENTRAL AND SOUTHERN cordance with subparagraphs (B), (C), (D), of $13,473,000. FLORIDA’’ in section 203 of the Flood Control and (E). (ix) North New River Improvements, at a Act of 1948 (62 Stat. 1176). (ii) CONSIDERATIONS.—In carrying out ac- total cost of $77,087,000, with an estimated (B) INCLUSION.—The term ‘‘Central and tivities described in the Plan, the Secretary Federal cost of $38,543,500 and an estimated Southern Florida Project’’ includes any shall— non-Federal cost of $38,543,500. H10284 CONGRESSIONAL RECORD — HOUSE October 18, 2000

(x) C–111 Spreader Canal, at a total cost of (1) IN GENERAL.—Except for a project au- (II) the credit is provided for work com- $94,035,000, with an estimated Federal cost of thorized by subsection (b) or (c), any project pleted during the period of construction, as $47,017,500 and an estimated non-Federal cost included in the Plan shall require a specific defined in a project cooperation agreement of $47,017,500. authorization by Congress. for an authorized project between the Sec- (xi) Adaptive Assessment and Monitoring (2) SUBMISSION OF REPORT.—Before seeking retary and the non-Federal sponsor; Program, at a total cost of $100,000,000, with congressional authorization for a project (ii) the design agreement or the project co- an estimated Federal cost of $50,000,000 and under paragraph (1), the Secretary shall sub- operation agreement prescribes the terms an estimated non-Federal cost of $50,000,000. mit to Congress— and conditions of the credit; and (D) CONDITIONS.— (A) a description of the project; and (iii) the Secretary determines that the (i) PROJECT IMPLEMENTATION REPORTS.—Be- (B) a project implementation report for the work performed by the non-Federal sponsor fore implementation of a project described in project prepared in accordance with sub- is integral to the project. any of clauses (i) through (x) of subpara- sections (f) and (h). (C) TREATMENT OF CREDIT BETWEEN graph (C), the Secretary shall review and ap- PROJECTS.—Any credit provided under this (e) COST SHARING.— prove for the project a project implementa- paragraph may be carried over between au- (1) FEDERAL SHARE.—The Federal share of tion report prepared in accordance with sub- the cost of carrying out a project authorized thorized projects in accordance with sub- sections (f) and (h). by subsection (b), (c), or (d) shall be 50 per- paragraph (D). (ii) SUBMISSION OF REPORT.—The Secretary (D) PERIODIC MONITORING.— cent. shall submit to the Committee on Transpor- (i) IN GENERAL.—To ensure that the con- (2) NON-FEDERAL RESPONSIBILITIES.—The tation and Infrastructure of the House of tributions of the non-Federal sponsor equal non-Federal sponsor with respect to a Representatives and the Committee on Envi- 50 percent proportionate share for projects in project described in subsection (b), (c), or (d), ronment and Public Works of the Senate the the Plan, during each 5-year period, begin- shall be— project implementation report required by ning with commencement of design of the (A) responsible for all land, easements, subsections (f) and (h) for each project under Plan, the Secretary shall, for each project— rights-of-way, and relocations necessary to this paragraph (including all relevant data (I) monitor the non-Federal provision of implement the Plan; and and information on all costs). cash, in-kind services, and land; and (B) afforded credit toward the non-Federal (iii) FUNDING CONTINGENT ON APPROVAL.— (II) manage, to the maximum extent prac- No appropriation shall be made to construct share of the cost of carrying out the project ticable, the requirement of the non-Federal any project under this paragraph if the in accordance with paragraph (5)(A). sponsor to provide cash, in-kind services, and project implementation report for the (3) FEDERAL ASSISTANCE.— land. (A) IN GENERAL.—The non-Federal sponsor project has not been approved by resolutions (ii) OTHER MONITORING.—The Secretary adopted by the Committee on Transpor- with respect to a project authorized by sub- shall conduct monitoring under clause (i) tation and Infrastructure of the House of section (b), (c), or (d) may use Federal funds separately for the preconstruction engineer- Representatives and the Committee on Envi- for the purchase of any land, easement, ing and design phase and the construction ronment and Public Works of the Senate. rights-of-way, or relocation that is necessary phase. (iv) MODIFIED WATER DELIVERY.—No appro- to carry out the project if any funds so used (E) AUDITS.—Credit for land (including priation shall be made to construct the are credited toward the Federal share of the land value and incidental costs) or work pro- Water Conservation Area 3 cost of the project. vided under this subsection shall be subject Decompartmentalization and Sheetflow En- (B) AGRICULTURE FUNDS.—Funds provided to audit by the Secretary. hancement Project (including component to the non-Federal sponsor under the Con- (f) EVALUATION OF PROJECTS.— AA, Additional S–345 Structures; component servation Restoration and Enhancement (1) IN GENERAL.—Before implementation of QQ Phase 1, Raise and Bridge East Portion of Program (CREP) and the Wetlands Reserve a project authorized by subsection (c) or (d) Tamiami Trail and Fill Miami Canal within Program (WRP) for projects in the Plan shall or any of clauses (i) through (x) of subsection WCA 3; component QQ Phase 2, WCA 3 be credited toward the non-Federal share of (b)(2)(C), the Secretary, in cooperation with Decompartmentalization and Sheetflow En- the cost of the Plan if the Secretary of Agri- the non-Federal sponsor, shall complete, hancement; and component SS, North New culture certifies that the funds provided may after notice and opportunity for public com- River Improvements) or the Central be used for that purpose. Funds to be cred- ment and in accordance with subsection (h), Lakebelt Storage Project (including compo- ited do not include funds provided under sec- a project implementation report for the nents S and EEE, Central Lake Belt Storage tion 390 of the Federal Agriculture Improve- project. Area) until the completion of the project to ment and Reform Act of 1996 (110 Stat. 1022). (2) PROJECT JUSTIFICATION.— improve water deliveries to Everglades Na- (4) OPERATION AND MAINTENANCE.—Notwith- (A) IN GENERAL.—Notwithstanding section tional Park authorized by section 104 of the standing section 528(e)(3) of the Water Re- 209 of the Flood Control Act of 1970 (42 U.S.C. Everglades National Park Protection and sources Development Act of 1996 (110 Stat. 1962–2) or any other provision of law, in car- Expansion Act of 1989 (16 U.S.C. 410r–8). 3770), the non-Federal sponsor shall be re- rying out any activity authorized under this (E) MAXIMUM COST OF PROJECTS.—Section sponsible for 50 percent of the cost of oper- section or any other provision of law to re- 902 of the Water Resources Development Act ation, maintenance, repair, replacement, and store, preserve, or protect the South Florida of 1986 (33 U.S.C. 2280) shall apply to each rehabilitation activities authorized under ecosystem, the Secretary may determine project feature authorized under this sub- this section. Furthermore, the Seminole that— section. Tribe of Florida shall be responsible for 50 (i) the activity is justified by the environ- (c) ADDITIONAL PROGRAM AUTHORITY.— percent of the cost of operation, mainte- mental benefits derived by the South Florida (1) IN GENERAL.—To expedite implementa- nance, repair, replacement, and rehabilita- ecosystem; and tion of the Plan, the Secretary may imple- tion activities for the Big Cypress Seminole (ii) no further economic justification for ment modifications to the Central and Reservation Water Conservation Plan the activity is required, if the Secretary de- Southern Florida Project that— Project. termines that the activity is cost-effective. (A) are described in the Plan; and (5) CREDIT.— (B) APPLICABILITY.—Subparagraph (A) (B) will produce a substantial benefit to (A) IN GENERAL.—Notwithstanding section shall not apply to any separable element in- the restoration, preservation and protection 528(e)(4) of the Water Resources Development tended to produce benefits that are predomi- of the South Florida ecosystem. Act of 1996 (110 Stat. 3770) and regardless of nantly unrelated to the restoration, preser- (2) PROJECT IMPLEMENTATION REPORTS.—Be- the date of acquisition, the value of lands or vation, and protection of the natural system. fore implementation of any project feature interests in lands and incidental costs for (g) EXCLUSIONS AND LIMITATIONS.—The fol- authorized under this subsection, the Sec- land acquired by a non-Federal sponsor in lowing Plan components are not approved for retary shall review and approve for the accordance with a project implementation implementation: project feature a project implementation re- report for any project included in the Plan (1) WATER INCLUDED IN THE PLAN.— port prepared in accordance with subsections and authorized by Congress shall be— (A) IN GENERAL.—Any project that is de- (f) and (h). (i) included in the total cost of the project; signed to implement the capture and use of (3) FUNDING.— and the approximately 245,000 acre-feet of water (A) INDIVIDUAL PROJECT FUNDING.— (ii) credited toward the non-Federal share described in section 7.7.2 of the Plan shall (i) FEDERAL COST.—The total Federal cost of the cost of the project. not be implemented until such time as— of each project carried out under this sub- (B) WORK.—The Secretary may provide (i) the project-specific feasibility study de- section shall not exceed $12,500,000. credit, including in-kind credit, toward the scribed in subparagraph (B) on the need for (ii) OVERALL COST.—The total cost of each non-Federal share for the reasonable cost of and physical delivery of the approximately project carried out under this subsection any work performed in connection with a 245,000 acre-feet of water, conducted by the shall not exceed $25,000,000. study, preconstruction engineering and de- Secretary, in cooperation with the non-Fed- (B) AGGREGATE COST.—The total cost of all sign, or construction that is necessary for eral sponsor, is completed; projects carried out under this subsection the implementation of the Plan if— (ii) the project is favorably recommended shall not exceed $206,000,000, with an esti- (i)(I) the credit is provided for work com- in a final report of the Chief of Engineers; mated Federal cost of $103,000,000 and an es- pleted during the period of design, as defined and timated non-Federal cost of $103,000,000. in a design agreement between the Secretary (iii) the project is authorized by Act of (d) AUTHORIZATION OF FUTURE PROJECTS.— and the non-Federal sponsor; or Congress. October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10285

(B) PROJECT-SPECIFIC FEASIBILITY STUDY.— agreement entered into under subparagraph ment for concurrence by the Secretary of the The project-specific feasibility study re- (A) may bring a civil action in United States Interior or the Governor on project imple- ferred to in subparagraph (A) shall include— district court for an injunction directing the mentation reports, project cooperation (i) a comprehensive analysis of the struc- United States or any other Federal Govern- agreements, operating manuals for indi- tural facilities proposed to deliver the ap- ment instrumentality or agency or the Gov- vidual projects undertaken in the Plan, and proximately 245,000 acre-feet of water to the ernor or any other officer of a State instru- any other documents relating to the develop- natural system; mentality or agency, as the case may be, to ment, implementation, and management of (ii) an assessment of the requirements to comply with the agreement. individual features of the Plan, unless such divert and treat the water; (ii) LIMITATIONS ON COMMENCEMENT OF CIVIL concurrence is provided for in other Federal (iii) an assessment of delivery alternatives; ACTION.—No civil action may be commenced or State laws. (iv) an assessment of the feasibility of de- under clause (i)— (D) SCHEDULE AND TRANSITION RULE.— livering the water downstream while main- (I) before the date that is 60 days after the (i) IN GENERAL.—All project implementa- taining current levels of flood protection to Secretary and the Governor receive written tion reports approved before the date of pro- affected property; and notice of a failure to comply with the agree- mulgation of the programmatic regulations (v) any other assessments that are deter- ment; or shall be consistent with the Plan. mined by the Secretary to be necessary to (II) if the United States has commenced (ii) PREAMBLE.—The preamble of the pro- complete the study. and is diligently prosecuting an action in a grammatic regulations shall include a state- (2) WASTEWATER REUSE.— court of the United States or a State to re- ment concerning the consistency with the (A) IN GENERAL.—On completion and eval- dress a failure to comply with the agree- programmatic regulations of any project im- uation of the wastewater reuse pilot project ment. plementation reports that were approved be- described in subsection (b)(2)(B)(iv), the Sec- (C) TRUST RESPONSIBILITIES.—In carrying fore the date of promulgation of the regula- retary, in an appropriately timed 5-year re- out his responsibilities under this subsection tions. port, shall describe the results of the evalua- with respect to the restoration of the South (E) REVIEW OF PROGRAMMATIC REGULA- tion of advanced wastewater reuse in meet- Florida ecosystem, the Secretary of the Inte- TIONS.—Whenever necessary to attain Plan ing, in a cost-effective manner, the require- rior shall fulfill his obligations to the Indian goals and purposes, but not less often than ments of restoration of the natural system. tribes in South Florida under the Indian every 5 years, the Secretary, in accordance (B) SUBMISSION.—The Secretary shall sub- trust doctrine as well as other applicable mit to Congress the report described in sub- legal obligations. with subparagraph (A), shall review the pro- grammatic regulations promulgated under paragraph (A) before congressional author- (3) PROGRAMMATIC REGULATIONS.— this paragraph. ization for advanced wastewater reuse is (A) ISSUANCE.—Not later than 2 years after sought. the date of enactment of this Act, the Sec- (4) PROJECT-SPECIFIC ASSURANCES.— ROJECT IMPLEMENTATION REPORTS (3) PROJECTS APPROVED WITH LIMITATIONS.— retary shall, after notice and opportunity for (A) P .— The following projects in the Plan are ap- public comment, with the concurrence of the (i) IN GENERAL.—The Secretary and the proved for implementation with limitations: Governor and the Secretary of the Interior, non-Federal sponsor shall develop project (A) LOXAHATCHEE NATIONAL WILDLIFE REF- and in consultation with the Seminole Tribe implementation reports in accordance with UGE.—The Federal share for land acquisition of Florida, the Miccosukee Tribe of Indians section 10.3.1 of the Plan. in the project to enhance existing wetland of Florida, the Administrator of the Environ- (ii) COORDINATION.—In developing a project systems along the Loxahatchee National mental Protection Agency, the Secretary of implementation report, the Secretary and Wildlife Refuge, including the Stazzulla Commerce, and other Federal, State, and the non-Federal sponsor shall coordinate tract, should be funded through the budget local agencies, promulgate programmatic with appropriate Federal, State, tribal, and of the Department of the Interior. regulations to ensure that the goals and pur- local governments. (B) SOUTHERN CORKSCREW REGIONAL ECO- poses of the Plan are achieved. (iii) REQUIREMENTS.—A project implemen- SYSTEM.—The Southern Corkscrew regional (B) CONCURRENCY STATEMENT.—The Sec- tation report shall— ecosystem watershed addition should be ac- retary of the Interior and the Governor (I) be consistent with the Plan and the pro- complished outside the scope of the Plan. shall, not later than 180 days from the end of grammatic regulations promulgated under (h) ASSURANCE OF PROJECT BENEFITS.— the public comment period on proposed pro- paragraph (3); (1) IN GENERAL.—The overarching objective grammatic regulations, provide the Sec- (II) describe how each of the requirements of the Plan is the restoration, preservation, retary with a written statement of concur- stated in paragraph (3)(B) is satisfied; and protection of the South Florida Eco- rence or nonconcurrence. A failure to pro- (III) comply with the National Environ- system while providing for other water-re- vide a written statement of concurrence or mental Policy Act of 1969 (42 U.S.C. 4321 et lated needs of the region, including water nonconcurrence within such time frame will seq.); supply and flood protection. The Plan shall be deemed as meeting the concurrency re- (IV) identify the appropriate quantity, be implemented to ensure the protection of quirements of subparagraph (A)(i). A copy of timing, and distribution of water dedicated water quality in, the reduction of the loss of any concurrency or nonconcurrency state- and managed for the natural system; fresh water from, the improvement of the en- ments shall be made a part of the adminis- (V) identify the amount of water to be re- vironment of the South Florida Ecosystem trative record and referenced in the final served or allocated for the natural system and to achieve and maintain the benefits to programmatic regulations. Any noncon- necessary to implement, under State law, the natural system and human environment currency statement shall specifically detail subclauses (IV) and (VI); described in the Plan, and required pursuant the reason or reasons for the nonconcur- (VI) comply with applicable water quality to this section, for as long as the project is rence. standards and applicable water quality per- authorized. (C) CONTENT OF REGULATIONS.— mitting requirements under subsection (2) AGREEMENT.— (i) IN GENERAL.—Programmatic regulations (b)(2)(A)(ii); (A) IN GENERAL.—In order to ensure that promulgated under this paragraph shall es- (VII) be based on the best available water generated by the Plan will be made tablish a process— science; and available for the restoration of the natural (I) for the development of project imple- (VIII) include an analysis concerning the system, no appropriations, except for any mentation reports, project cooperation cost-effectiveness and engineering feasibility pilot project described in subsection agreements, and operating manuals that en- of the project. (b)(2)(B), shall be made for the construction sure that the goals and objectives of the (B) PROJECT COOPERATION AGREEMENTS.— of a project contained in the Plan until the Plan are achieved; (i) IN GENERAL.—The Secretary and the President and the Governor enter into a (II) to ensure that new information result- non-Federal sponsor shall execute project co- binding agreement under which the State ing from changed or unforeseen cir- operation agreements in accordance with shall ensure, by regulation or other appro- cumstances, new scientific or technical in- section 10 of the Plan. priate means, that water made available by formation or information that is developed (ii) CONDITION.—The Secretary shall not each project in the Plan shall not be per- through the principles of adaptive manage- execute a project cooperation agreement mitted for a consumptive use or otherwise ment contained in the Plan, or future au- until any reservation or allocation of water made unavailable by the State until such thorized changes to the Plan are integrated for the natural system identified in the time as sufficient reservations of water for into the implementation of the Plan; and project implementation report is executed the restoration of the natural system are (III) to ensure the protection of the natural under State law. made under State law in accordance with the system consistent with the goals and pur- (C) OPERATING MANUALS.— project implementation report for that poses of the Plan, including the establish- (i) IN GENERAL.—The Secretary and the project and consistent with the Plan. ment of interim goals to provide a means by non-Federal sponsor shall develop and issue, (B) ENFORCEMENT.— which the restoration success of the Plan for each project or group of projects, an oper- (i) IN GENERAL.—Any person or entity that may be evaluated throughout the implemen- ating manual that is consistent with the is aggrieved by a failure of the United States tation process. water reservation or allocation for the nat- or any other Federal Government instrumen- (ii) LIMITATION ON APPLICABILITY OF PRO- ural system described in the project imple- tality or agency, or the Governor or any GRAMMATIC REGULATIONS.—Programmatic mentation report and the project coopera- other officer of a State instrumentality or regulations promulgated under this para- tion agreement for the project or group of agency, to comply with any provision of the graph shall expressly prohibit the require- projects. H10286 CONGRESSIONAL RECORD — HOUSE October 18, 2000

(ii) MODIFICATIONS.—Any significant modi- convened by a body, such as the National United States Government, shall display fication by the Secretary and the non-Fed- Academy of Sciences, to review the Plan’s under the heading ‘‘Everglades Restoration’’ eral sponsor to an operating manual after progress toward achieving the natural sys- all proposed funding for the Plan for all the operating manual is issued shall only be tem restoration goals of the Plan. agency programs. carried out subject to notice and opportunity (2) REPORT.—The panel described in para- (2) FUNDING FROM CORPS OF ENGINEERS CIVIL for public comment. graph (1) shall produce a biennial report to WORKS PROGRAM.—The President, as part of (5) SAVINGS CLAUSE.— Congress, the Secretary, the Secretary of the the annual budget of the United States Gov- (A) NO ELIMINATION OR TRANSFER.—Until a Interior, and the Governor that includes an ernment, shall display under the accounts new source of water supply of comparable assessment of ecological indicators and ‘‘Construction, General’’ and ‘‘Operation and quantity and quality as that available on the other measures of progress in restoring the Maintenance, General’’ of the title ‘‘Depart- date of enactment of this Act is available to ecology of the natural system, based on the ment of Defense—Civil, Department of the replace the water to be lost as a result of im- Plan. Army, Corps of Engineers—Civil’’, the total plementation of the Plan, the Secretary and (k) OUTREACH AND ASSISTANCE.— proposed funding level for each account for the non-Federal sponsor shall not eliminate (1) SMALL BUSINESS CONCERNS OWNED AND the Plan and the percentage such level rep- or transfer existing legal sources of water, OPERATED BY SOCIALLY AND ECONOMICALLY resents of the overall levels in such ac- including those for— DISADVANTAGED INDIVIDUALS.—In executing counts. The President shall also include an (i) an agricultural or urban water supply; the Plan, the Secretary shall ensure that assessment of the impact such funding levels (ii) allocation or entitlement to the Semi- small business concerns owned and con- for the Plan would have on the budget year nole Indian Tribe of Florida under section 7 trolled by socially and economically dis- and long-term funding levels for the overall of the Seminole Indian Land Claims Settle- advantaged individuals are provided opportu- Corps of Engineers civil works program. ment Act of 1987 (25 U.S.C. 1772e); nities to participate under section 15(g) of (o) SURPLUS FEDERAL LANDS.—Section (iii) the Miccosukee Tribe of Indians of the Small Business Act (15 U.S.C. 644(g)). 390(f)(2)(A)(i) of the Federal Agriculture Im- Florida; (2) COMMUNITY OUTREACH AND EDUCATION.— provement and Reform Act of 1996 (110 Stat. (iv) water supply for Everglades National (A) IN GENERAL.—The Secretary shall en- 1023) is amended by inserting after ‘‘on or Park; or sure that impacts on socially and economi- after the date of enactment of this Act’’ the (v) water supply for fish and wildlife. cally disadvantaged individuals, including following: ‘‘and before the date of enactment individuals with limited English proficiency, (B) MAINTENANCE OF FLOOD PROTECTION.— of the Water Resource Development Act of and communities are considered during im- Implementation of the Plan shall not reduce 2000’’. levels of service for flood protection that plementation of the Plan, and that such indi- (p) SEVERABILITY.—If any provision or rem- viduals have opportunities to review and are— edy provided by this section is found to be comment on its implementation. (i) in existence on the date of enactment of unconstitutional or unenforceable by any (B) PROVISION OF OPPORTUNITIES.—The Sec- this Act; and court of competent jurisdiction, any remain- (ii) in accordance with applicable law. retary shall ensure, to the maximum extent ing provisions in this section shall remain (C) NO EFFECT ON TRIBAL COMPACT.—Noth- practicable, that public outreach and edu- valid and enforceable. ing in this section amends, alters, prevents, cational opportunities are provided, during or otherwise abrogates rights of the Semi- implementation of the Plan, to the individ- SEC. 602. SENSE OF CONGRESS CONCERNING nole Indian Tribe of Florida under the com- uals of South Florida, including individuals HOMESTEAD AIR FORCE BASE. pact among the Seminole Tribe of Florida, with limited English proficiency, and in par- (a) FINDINGS.—Congress finds that— the State, and the South Florida Water Man- ticular for socially and economically dis- (1) the Everglades is an American treasure agement District, defining the scope and use advantaged communities. and includes uniquely-important and diverse of water rights of the Seminole Tribe of (l) REPORT TO CONGRESS.—Beginning on Oc- wildlife resources and recreational opportu- Florida, as codified by section 7 of the Semi- tober 1, 2005, and periodically thereafter nities; nole Indian Land Claims Settlement Act of until October 1, 2036, the Secretary and the (2) the preservation of the pristine and nat- 1987 (25 U.S.C. 1772e). Secretary of the Interior, in consultation ural character of the South Florida eco- (i) DISPUTE RESOLUTION.— with the Environmental Protection Agency, system is critical to the regional economy; (1) IN GENERAL.—The Secretary and the the Department of Commerce, and the State (3) as this legislation demonstrates, Con- Governor shall within 180 days from the date of Florida, shall jointly submit to Congress a gress believes it to be a vital national mis- of enactment of this Act develop an agree- report on the implementation of the Plan. sion to restore and preserve this ecosystem ment for resolving disputes between the Such reports shall be completed not less and accordingly is authorizing a significant Corps of Engineers and the State associated often than every 5 years. Such reports shall Federal investment to do so; with the implementation of the Plan. Such include a description of planning, design, and (4) Congress seeks to have the remaining agreement shall establish a mechanism for construction work completed, the amount of property at the former Homestead Air Base the timely and efficient resolution of dis- funds expended during the period covered by conveyed and reused as expeditiously as pos- putes, including— the report (including a detailed analysis of sible, and several options for base reuse are (A) a preference for the resolution of dis- the funds expended for adaptive assessment being considered, including as a commercial putes between the Jacksonville District of under subsection (b)(2)(C)(xi)), and the work airport; and the Corps of Engineers and the South Florida anticipated over the next 5-year period. In (5) Congress is aware that the Homestead addition, each report shall include— Water Management District; site is located in a sensitive environmental (1) the determination of each Secretary, (B) a mechanism for the Jacksonville Dis- location, and that Biscayne National Park is and the Administrator of the Environmental trict of the Corps of Engineers or the South only approximately 1.5 miles to the east, Ev- Protection Agency, concerning the benefits Florida Water Management District to ini- erglades National Park approximately 8 to the natural system and the human envi- tiate the dispute resolution process for unre- miles to the west, and the Florida Keys Na- ronment achieved as of the date of the report solved issues; tional Marine Sanctuary approximately 10 and whether the completed projects of the (C) the establishment of appropriate time- miles to the south. Plan are being operated in a manner that is frames and intermediate steps for the ele- (b) SENSE OF CONGRESS.—It is the sense of consistent with the requirements of sub- Congress that— vation of disputes to the Governor and the section (h); (1) development at the Homestead site Secretary; and (2) progress toward interim goals estab- could potentially cause significant air, (D) a mechanism for the final resolution of lished in accordance with subsection water, and noise pollution and result in the disputes, within 180 days from the date that (h)(3)(B); and degradation of adjacent national parks and the dispute resolution process is initiated (3) a review of the activities performed by other protected Federal resources; under subparagraph (B). the Secretary under subsection (k) as they (2) in their decisionmaking, the Federal (2) CONDITION FOR REPORT APPROVAL.—The relate to socially and economically dis- agencies charged with determining the reuse Secretary shall not approve a project imple- advantaged individuals and individuals with of the remaining property at the Homestead mentation report under this section until limited English proficiency. the agreement established under this sub- (m) REPORT ON AQUIFER STORAGE AND RE- base should carefully consider and weigh all section has been executed. COVERY PROJECT.—Not later than 180 after available information concerning potential (3) NO EFFECT ON LAW.—Nothing in the the date of enactment of this Act, the Sec- environmental impacts of various reuse op- agreement established under this subsection retary shall transmit to Congress a report tions; shall alter or amend any existing Federal or containing a determination as to whether (3) the redevelopment of the former base State law, or the responsibility of any party the ongoing Biscayne Aquifer Storage and should be consistent with restoration goals, to the agreement to comply with any Fed- Recovery Program located in Miami-Dade provide desirable numbers of jobs and eco- eral or State law. County has a substantial benefit to the res- nomic redevelopment for the community, (j) INDEPENDENT SCIENTIFIC REVIEW.— toration, preservation, and protection of the and be consistent with other applicable laws; (1) IN GENERAL.—The Secretary, the Sec- South Florida ecosystem. (4) consistent with applicable laws, the retary of the Interior, and the Governor, in (n) FULL DISCLOSURE OF PROPOSED FUND- Secretary of the Air Force should proceed as consultation with the South Florida Eco- ING.— quickly as practicable to issue a final SEIS system Restoration Task Force, shall estab- (1) FUNDING FROM ALL SOURCES.—The Presi- and Record of Decision so that reuse of the lish an independent scientific review panel dent, as part of the annual budget of the former air base can proceed expeditiously; October 18, 2000 CONGRESSIONAL RECORD — HOUSE H10287

(5) following conveyance of the remaining (d) ASSESSMENT.— (A) FEDERAL SHARE.—The Federal share of surplus property, the Secretary, as part of (1) IN GENERAL.—Not later than 1 year after the cost of carrying out the assessment his oversight for Everglades restoration, the date on which funding authorized under under subsection (d) shall be 50 percent. should cooperate with the entities to which this title becomes available, the Secretary (B) NON-FEDERAL SHARE.—The non-Federal the various parcels of surplus property were shall submit to the other members of the share of the cost of carrying out the assess- conveyed so that the planned use of those Task Force a report on— ment under subsection (d) may be provided properties is implemented in such a manner (A) the impact of the siltation of the Mis- in the form of services, materials, or other as to remain consistent with the goals of the souri River in the State, including the im- in-kind contributions. Everglades restoration plan; and pact on the Federal, State, and regional (2) PLAN.— (6) by August 1, 2002, the Secretary should economies, recreation, hydropower genera- (A) FEDERAL SHARE.—The Federal share of submit a report to the appropriate commit- tion, fish and wildlife, and flood control; the cost of preparing the plan under sub- tees of Congress on actions taken and make (B) the status of Indian and non-Indian his- section (e) shall be 50 percent. any recommendations for consideration by torical and cultural sites along the Missouri (B) NON-FEDERAL SHARE.—Not more than 50 Congress. River; percent of the non-Federal share of the cost TITLE VII—MISSOURI RIVER (C) the extent of erosion along the Mis- of preparing the plan under subsection (e) RESTORATION souri River (including tributaries of the Mis- may be provided in the form of services, ma- SEC. 701. DEFINITIONS. souri River) in the State; and terials, or other in-kind contributions. In this title, the following definitions (D) other issues, as requested by the Task (3) CRITICAL RESTORATION PROJECTS.— apply: Force. (A) IN GENERAL.—A non-Federal cost share ONSULTATION (1) PICK-SLOAN PROGRAM.—The term ‘‘Pick- (2) C .—In preparing the report shall be required to carry out any critical Sloan program’’ means the Pick-Sloan Mis- under paragraph (1), the Secretary shall con- restoration project under subsection (f) that souri River Basin Program authorized by sult with the Secretary of Energy, the Sec- does not primarily benefit the Federal Gov- section 9 of the Act of December 22, 1944 (58 retary of the Interior, the Secretary of Agri- ernment, as determined by the Task Force. Stat. 891). culture, the State, and Indian tribes in the (B) FEDERAL SHARE.—The Federal share of (2) PLAN.—The term ‘‘plan’’ means the plan State. the cost of carrying out a critical restora- tion project under subsection (f) for which for the use of funds made available by this (e) PLAN FOR USE OF FUNDS MADE AVAIL- the Task Force requires a non-Federal cost title that is required to be prepared under ABLE BY THIS TITLE.— share under subparagraph (A) shall be 65 per- section 705(e). (1) IN GENERAL.—Not later than 2 years cent, not to exceed $5,000,000 for any critical (3) STATE.—The term ‘‘State’’ means the after the date on which funding authorized restoration project. State of South Dakota. under this title becomes available, the Task (C) NON-FEDERAL SHARE.— (4) TASK FORCE.—The term ‘‘Task Force’’ Force shall prepare a plan for the use of (i) IN GENERAL.—Not more than 50 percent means the Missouri River Task Force estab- funds made available under this title. of the non-Federal share of the cost of car- lished by section 705(a). (2) CONTENTS OF PLAN.—The plan shall pro- rying out a critical restoration project de- (6) TRUST.—The term ‘‘Trust’’ means the vide for the manner in which the Task Force scribed in subparagraph (B) may be provided Missouri River Trust established by section shall develop and recommend critical res- in the form of services, materials, or other 704(a). toration projects to promote— in-kind contributions. SEC. 702. MISSOURI RIVER TRUST. (A) conservation practices in the Missouri (ii) REQUIRED NON-FEDERAL CONTRIBU- (a) ESTABLISHMENT.—There is established a River watershed; TIONS.—For any critical restoration project committee to be known as the Missouri (B) the general control and removal of described in subparagraph (B), the non-Fed- River Trust. sediment from the Missouri River; eral interest shall— (b) MEMBERSHIP.—The Trust shall be com- (C) the protection of recreation on the Mis- (I) provide all land, easements, rights-of- posed of 25 members to be appointed by the souri River from sedimentation; way, dredged material disposal areas, and re- Secretary, including— (D) the protection of Indian and non-Indian locations; (1) 15 members recommended by the Gov- historical and cultural sites along the Mis- (II) pay all operation, maintenance, re- ernor of South Dakota that— souri River from erosion; placement, repair, and rehabilitation costs; (A) represent equally the various interests (E) erosion control along the Missouri and of the public; and River; or (III) hold the United States harmless from (B) include representatives of— (F) any combination of the activities de- all claims arising from the construction, op- (i) the South Dakota Department of Envi- scribed in subparagraphs (A) through (E). eration, and maintenance of the project. ronment and Natural Resources; (3) PLAN REVIEW AND REVISION.— (iii) CREDIT.—The non-Federal interest (ii) the South Dakota Department of (A) IN GENERAL.—The Task Force shall shall receive credit for all contributions pro- Game, Fish, and Parks; make a copy of the plan available for public vided under clause (ii)(I). (iii) environmental groups; review and comment before the plan becomes (iv) the hydroelectric power industry; final, in accordance with procedures estab- SEC. 704. ADMINISTRATION. (v) local governments; lished by the Task Force. (a) IN GENERAL.—Nothing in this title di- (vi) recreation user groups; (B) REVISION OF PLAN.— minishes or affects— (vii) agricultural groups; and (i) IN GENERAL.—The Task Force may, on (1) any water right of an Indian tribe; (viii) other appropriate interests; an annual basis, revise the plan. (2) any other right of an Indian tribe, ex- (2) 9 members, 1 of each of whom shall be (ii) PUBLIC REVIEW AND COMMENT.—In revis- cept as specifically provided in another pro- recommended by each of the 9 Indian tribes ing the plan, the Task Force shall provide vision of this title; in the State of South Dakota; and the public the opportunity to review and (3) any treaty right that is in effect on the (3) 1 member recommended by the organi- comment on any proposed revision to the date of enactment of this Act; zation known as the ‘‘Three Affiliated Tribes plan. (4) any external boundary of an Indian res- of North Dakota’’ (composed of the Mandan, ervation of an Indian tribe; (f) CRITICAL RESTORATION PROJECTS.— Hidatsa, and Arikara tribes). (5) any authority of the State that relates (1) IN GENERAL.—After the plan is approved to the protection, regulation, or manage- SEC. 703. MISSOURI RIVER TASK FORCE. by the Task Force under subsection (c)(2), (a) ESTABLISHMENT.—There is established ment of fish, terrestrial wildlife, and cul- the Secretary, in coordination with the Task tural and archaeological resources, except as the Missouri River Task Force. Force, shall identify critical restoration (b) MEMBERSHIP.—The Task Force shall be specifically provided in this title; or projects to carry out the plan. composed of— (6) any authority of the Secretary, the Sec- (2) AGREEMENT.—The Secretary may carry (1) the Secretary (or a designee), who shall retary of the Interior, or the head of any out a critical restoration project after enter- serve as Chairperson; other Federal agency under a law in effect on ing into an agreement with an appropriate (2) the Secretary of Agriculture (or a des- the date of enactment of this Act, includ- non-Federal interest in accordance with sec- ignee); ing— tion 221 of the Flood Control Act of 1970 (42 (3) the Secretary of Energy (or a designee); (A) the National Historic Preservation Act U.S.C. 1962d–5b). (4) the Secretary of the Interior (or a des- (16 U.S.C. 470 et seq.); (3) INDIAN PROJECTS.—To the maximum ex- ignee); and (B) the Archaeological Resources Protec- tent practicable, the Secretary shall ensure (5) the Trust. tion Act of 1979 (16 U.S.C. 470aa et seq.); that not less than 30 percent of the funds (c) DUTIES.—The Task Force shall— (C) the Fish and Wildlife Coordination Act (1) meet at least twice each year; made available for critical restoration (16 U.S.C. 661 et seq.); (2) vote on approval of the plan, with ap- projects under this title shall be used exclu- (D) the Act entitled ‘‘An Act for the pro- proval requiring votes in favor of the plan by sively for projects that are— tection of the bald eagle’’, approved June 8, a majority of the members; (A) within the boundary of an Indian res- 1940 (16 U.S.C. 668 et seq.); (3) review projects to meet the goals of the ervation; or (E) the Migratory Bird Treaty Act (16 plan; and (B) administered by an Indian tribe. U.S.C. 703 et seq.); (4) recommend to the Secretary critical (g) COST SHARING.— (F) the Endangered Species Act of 1973 (16 projects for implementation. (1) ASSESSMENT.— U.S.C. 1531 et seq.); H10288 CONGRESSIONAL RECORD — HOUSE October 18, 2000 (G) the Native American Graves Protection ment of liability for damage to private prop- SEC. 705. AUTHORIZATION OF APPROPRIATIONS. and Repatriation Act (25 U.S.C. 3001 et seq.); erty caused by the operation of the Pick- There is authorized to be appropriated to (H) the Federal Water Pollution Control Sloan program. the Secretary to carry out this title Act (33 U.S.C. 1251 et seq.); (c) FLOOD CONTROL.—Notwithstanding any (I) the Safe Drinking Water Act (42 U.S.C. other provision of this title, the Secretary $4,000,000 for each of fiscal years 2001 through 300f et seq.); and shall retain the authority to operate the 2005, $5,000,000 for each of fiscal years 2006 (J) the National Environmental Policy Act Pick-Sloan program for the purposes of through 2009, and $10,000,000 in fiscal year of 1969 (42 U.S.C. 4321 et seq.). meeting the requirements of the Act of De- 2010. Such funds shall remain available until (b) FEDERAL LIABILITY FOR DAMAGE.—Noth- cember 22, 1944 (58 Stat. 887, 33 U.S.C. 701–1 et expended. ing in this title relieves the Federal Govern- seq.). E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 106th CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, WEDNESDAY, OCTOBER 18, 2000 No. 131 Senate (Legislative day of Friday, September 22, 2000)

The Senate met at 10:01 a.m., on the help, and then leaving the results to SCHEDULE expiration of the recess, and was called You. Mr. HUTCHINSON. Mr. President, for to order by the President pro tempore Now in this moment of honest con- the information of all Senators, the [Mr. THURMOND]. frontation with You, we ask for Your Senate will resume debate on the con- help to do things Your way. We commit PRAYER ference report to accompany the Agri- ourselves to excellence in our work and culture appropriations bill. Debate on The Chaplain, Dr. Lloyd John we trust the results to You. We truly Ogilvie, offered the following prayer: the conference report will be limited to believe that You desire to work out today’s session, with final remarks to Almighty God, Your omniscience Your purposes for America through confronts and then comforts us. We begin at approximately 3:30 p.m. Those this Senate. You are our Lord and Sav- Senators who have statements are en- know that if we acknowledge Your in- iour. Amen. volvement in the work of this Senate, couraged to come to the floor as early that You are actually present in the as possible today due to the break for Chamber, we will be accountable to PLEDGE OF ALLEGIANCE the weekly party conference meetings. The vote on the Agriculture appropria- You for what we say and how we say it The Honorable TIM HUTCHINSON, a tions conference report will occur at and the methods we use to both block Senator from the State of Arkansas, 5:30 p.m. or boost progress. Your x-ray vision led the Pledge of Allegiance, as follows: penetrates to reveal the human dynam- I thank my colleagues for their at- I pledge allegiance to the Flag of the tention. ics as we near the conclusion of this United States of America, and to the Repub- 106th Congress. You see our efforts to lic for which it stands, one nation under God, The PRESIDING OFFICER (Mr. complete our work, while at the same indivisible, with liberty and justice for all. HUTCHINSON). The distinguished Sen- time You also see the tensions over ator from Nevada is recognized. control, how we will look to the Amer- Mr. REID. Mr. President, I ask unan- ican people, and our desire to win argu- RECOGNITION OF THE ACTING imous consent that following my brief ments as well as votes. We harbor MAJORITY LEADER remarks, the Senator from North Da- vague ideas about Your omniscience, The PRESIDENT pro tempore. The kota, Mr. DORGAN, be recognized for 20 but seldom think about the fact that Senator from Arkansas is recognized. minutes as in morning business. You are as concerned about legislation The PRESIDING OFFICER. Is there and political process as You are about ORDER OF PROCEDURE objection? running the universe. Without objection, it is so ordered. Lord, it is difficult to trust You to Mr. HUTCHINSON. Mr. President, I work out Your best for America in the ask unanimous consent that at the midst of our divided ideologies. We hour of 12:30 p.m. the Senate stand in need a fresh supply of faith to serve recess until the hour of 2:15 p.m. in You by doing our work cooperatively, order for the weekly party caucuses to CANONIZATION OF MOTHER speaking the truth as we have come to meet. KATHARINE DREXEL understand it, blending the finest The PRESIDENT pro tempore. With- Mr. REID. Mr. President, I am here thinking we can produce with Your out objection, it is so ordered. today to pay tribute to the legacy of

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VerDate 02-OCT-2000 01:01 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\CR\FM\A18OC6.000 pfrm02 PsN: S18PT1 S10646 CONGRESSIONAL RECORD — SENATE October 18, 2000 Mother Katharine Drexel, who on Octo- THE TWO PRESIDENTIAL those who don’t know, and those who ber 1, just a few weeks ago, became the CANDIDATES don’t know they don’t know. We might fourth American ever to be canonized Mr. DORGAN. Mr. President, last want to add a third class of economist: by the Vatican. evening I watched the Presidential de- those who don’t know but don’t care Katharine Drexel was born in 1859 bate, as I am sure many other Ameri- because they have an agenda to justify into a very well-to-do family in Bucks cans did as well. I was thinking, after in the political arena with their fore- County, PA. Early in life, though, she the debate, that those who claim there casts. dedicated herself and her inheritance is not a difference between these can- The problem with economic fore- to work for social justice for African didates, and not a choice in this elec- casting is not just uncertainty around Americans and Native Americans. the edges. The problem goes to the Mother Drexel’s legacy reflects more tion, just have not been listening. There is clearly a choice and a dif- very core of the endeavor. Most fore- than simply her commitment to the casting is simply linear; that is, it as- Catholic faith, though her faith was ference between the two Presidential candidates. sumes that tomorrow will be pretty the inspiration for her life’s work. Her much like yesterday with just a little activism expanded into the area of I happen to believe both are pretty good people. You don’t get to the point something added on. Of course, life is civil rights due to her understanding of not linear. There are sudden lurches the lingering effects of racism towards where you achieve the nomination from your party for the Presidency of and jolts which none of us can antici- African American and Native Ameri- pate. Yet forecasters always have a cans. the United States without having some significant experience and talent. But model they use that anticipates tomor- Due to her commitment to eradi- row will reflect the experience of yes- cating the vestiges of racism, she there are vast differences in public pol- icy. I want to talk just a little about terday. founded the Blessed Sacrament for the If we start writing tax refund checks this, and especially about one of the Christian education of Native Ameri- with money we don’t yet have and re- significant issues in this campaign: the cans and African Americans. turn to the staggering deficits of re- proposals for tax cuts. In addition, throughout her life, she cent times—a $290 billion deficit the Governor Bush has proposed tax cuts founded over 100 educational institu- year this administration took office 8 that are somewhere in the vicinity of tions for African Americans and Native years ago—we will have a much less $1.5 trillion over the coming 10 years. Americans. certain economic future. All of us The most famous school she founded We have had a wonderful economy in should understand that. is Xavier University in New Orleans. recent years. This country has been The reason I want to talk about this At the time, no Catholic university in blessed with economic opportunity and is that it is at the core of the debate in the South accepted black students and growth that is unprecedented. We have the Presidential contest. The question Mother Drexel established Xavier Uni- the strongest economy in the world. for me is, Are we going to move for- versity to fill this void. Virtually everything in our economy ward and build on our economic suc- Along with her sisters, Mother has been headed in the right direction. cess, or are we going to risk slipping Drexel inherited close to $14 million. Unemployment has been down; infla- back into big deficits? Mr. President, $14 million in 1860 was a tion has been down; home ownership How much budget surplus is there? lot of money. Through her support of up. Virtually all of the indicators of We hear candidates talk about tril- civil rights organizations such as the economic health have been good. This lions, $3 trillion, $4 trillion, $4.5 tril- NAACP, and her numerous foundation economy has been heading in the right lion. I went to a high school with 40 schools, Mother Drexel donated more direction. kids in all four grades. My class was than $20 million through her charitable One factor in that health is that Con- ninth. We didn’t have a lot of advanced work, a figure that in today’s value ex- gress made some choices early on; dif- math. We never studied trillions, I con- ceeds a quarter of a billion dollars. ficult choices, to be sure, but ones that fess. I am not sure I understand what a The excellent management of her in- helped put this economy back on track. trillion is. I know how many zeros herited estate also earned her the rep- I worry very much that, as some econo- exist in a trillion, but I am not sure I, utation as an accomplished business- mists tell us there will be surpluses for nor anyone else in this Chamber, woman. Thus her social justice work in the next 10 years, this rush to enact knows exactly what a trillion is. the late 1800s and early 1900s also made $1.5 trillion in tax cuts even before the So we hear the Congressional Budget her a woman’s rights activist. surpluses exist could lead us to a much Office say, you have an estimated $4.6 Although Mother Drexel passed away different economic place. If we take trillion surplus in the coming 10 years. in 1955, her legacy continues today that path, and if we don’t get the sur- Then we hear candidates say, if we through the work of the Catholic order pluses we expect, then we will begin to have all this surplus, let’s propose a that she founded in 1891, an order that experience, once again, Federal budget $1.5 trillion tax cut, most of which will continues to carry out her vision of deficits. We will be right back in the go to the upper income folks, which I ending racial injustice. same dark hole of budget deficits and will talk about in a moment. The prob- It is my hope that we will all join in lower economic growth and more eco- acknowledging the work of those who lem here is this: We may never have nomic trouble. this surplus. have dedicated themselves to working I will read a couple of quotes. for the needs and concerns of all Amer- First of all, $2.4 trillion belongs to There is no cause for worry. The high tide the Social Security trust fund. It has icans. Nevada is home to both Native of prosperity is going to continue. Americans and African Americans. I to go there and should not be touched find it, therefore, especially appro- September 1928, by Treasury Sec- by anyone for any other purpose. An- priate that I speak today in spreading retary Andrew Mellon. other $360 billion goes to the Medicare trust fund. It ought to be put away and across the RECORD of this Senate the No Congress of the United States ever as- tremendous contribution and legacy of sembled on surveying the state of the Union not touched for any other purpose. Re- has met a more pleasing prospect than that alistic spending adjustments will be this great American, Mother Katharine which appears at the present time. Drexel. about $600 billion; we are making these Mr. DORGAN. Mr. President, I sug- December 4, 1928, President Calvin right now to exceed the budget caps be- gest the absence of a quorum. Coolidge. cause the budget that was passed ear- The PRESIDING OFFICER. The Economic forecasting is a tricky lier this year was wildly unrealistic in clerk will call the roll. business under the very best of cir- terms of what is needed for education The assistant legislative clerk pro- cumstances. But it is particularly sus- and health care and a range of other ceeded to call the roll. pect in the political arena, when par- issues, just to keep pace with increased Mr. DORGAN. Mr. President, I ask tisan agendas are at stake and when population needs. These figures, inci- unanimous consent that the order for the forecasts purport to show whether dentally, are from the Center on Budg- the quorum call be rescinded. someone’s agenda can work or not et and Policy Priorities. This organiza- The PRESIDING OFFICER. Without work. We have two classes of fore- tion says that, if you also include objection, it is so ordered. casters, according to one economist: amounts necessary for Social Security

VerDate 02-OCT-2000 01:01 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.001 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10647 and Medicare solvency, which you are taxes. Those folks work hard every easy to vote for. In fact, let me read a going to have to do, you have probably day. They get a check that is less than couple of statements that were made at a $700 billion estimated surplus. That is their salary because money is taken the time on the floor of the Senate. I if everything goes right—$700 billion, out. Why is money taken out? For will not read the authors, but we had not $4.6 trillion. taxes. Which taxes? Payroll taxes as people stand up on the floor of the Sen- Now, with this prospect, if you add a well as income taxes. Then they are ate, and they had their own predictions $1.5 trillion tax cut, what do you have told that when it comes to tax cuts, regarding what this economic plan left? Almost a $1 trillion deficit. they don’t count because we are going would be for our country. Should we be a bit cautious? Should to give tax cuts based solely on who On August 6, 1993, one of my col- we be concerned about talk of giving pays income taxes. leagues stood up and said: back taxes on a permanent basis based So the wealthiest get the biggest tax So we are still going to pile up some more on surpluses that don’t yet exist? The cuts. Is that fair to the people at the debt, but most of all, we are going to cost answer is yes. We would be, in my judg- bottom of the economic ladder who jobs in this country [with this plan]. ment, far better off if we decided to es- work hard every day and who pay heav- Another Senator, another colleague, tablish some basic principles for the ier payroll taxes than they do income said: use of any estimated surplus. taxes? The answer is absolutely not. Make no mistake, these higher rates will The priorities I think are these: That is another difference in philos- cost jobs [in this plan of yours]. First, we ought to pay down the Fed- ophy. Another one said: eral debt. Second, we ought to ensure There are people in this Chamber and the long-term solvency of Social Secu- When all is said and done, people will pay people who are advisers to Governor more taxes, the economy will create fewer rity and Medicare. Then we ought to Bush and others who believe that the jobs, government will spend more money, address the urgent needs of this Na- proper approach to taxation is to tax and the American people will be worse off. tion, such as repairing our schools and work and exempt investment. That is Another said: making sure our kids are walking their philosophy. Why? It is a typical It will flatten the economy. through classroom doors in the best political debate that has gone on for schools in the world; and dealing with decades. Do you believe this economy That was at a time when we had an the prescription drug prices that are works best by pouring something in at anemic economy, with slow growth, too high for many of our senior citizens the top—that is called trickle down—or huge deficits, and moving in the wrong to afford. Then we should provide tar- by nurturing something at the bottom, direction. And where are we in the year geted tax relief for working families. called percolate up? Do you believe 1999 and the year 2000, after 8 years of There is a very big difference in the America’s economic engine works best that experience? We have an economy agenda of the candidates for President. if you just get some cans and pour it in that is the envy of the world, growing Governor Bush says his priority is to the top? Or do you believe that if you faster than any other industrial econ- provide a very large tax cut. The risk give everybody at the bottom a little omy in the world. Unemployment is is that we won’t have the money for a something to work with, that this eco- down. More people are working. Wel- $1.5 trillion tax cut. The risk is that we nomic engine works because things fare rolls are down. Inflation is down. may well go into a $1 trillion deficit percolate up? It is a difference in phi- Home ownership is up. Almost every because of that proposed tax cut. I losophy. indicator of economic health describes hope that will not be the case, but it is Governor Bush believes, as do those a country that is doing better. What certainly possible. who control the Congress, in the trick- should we do at this point? Some say The problem with the tax cut itself le-down approach. give huge tax cuts, right now. Let’s put is, even if you decided we should cut I received a note from a North Dako- them in law right now, lock them some taxes, the question is for whom tan one day, a farmer. He said: I have down. and which taxes. Here is the proposed been living under this trickle-down If during good economic times you tax cut by Governor Bush. You can see stuff for 15 years, and I ain’t even got don’t use the opportunity to pay down the lowest 20 percent get $42 apiece a damp yet. the Federal debt, you are never going year, and the top 1 percent get $46,000 Of course, Hubert Humphrey used to to be able to pay down the debt. When each. describe the trickle-down approach in you run up debt during tougher times, In the debate last night, Governor his famous quote: That is where you you ought to pay it down during better Bush said: Well, of course, the wealthy, give the horse some hay to eat, hoping times. That is as conservative an ethic the upper income people get most of that later the birds will have some- as you can have, it seems to me. the tax cuts; they pay most of the thing to nibble on. Why this Congress would not em- taxes. So we have this debate in the coun- brace that is beyond me. Why we would You can say that only if you are try. Who is right? It seems to me that not agree together that it is our re- using a magnifying glass to suggest if we are going to do this in a conserv- sponsibility to pay down the debt dur- that the only taxes people pay are in- ative, thoughtful way, we ought to de- ing better times—what greater gift come taxes. I have a chart that shows cide the following: We don’t know what could there be to America’s children something interesting. People pay $612 the future holds. Let us hope the future than to unsaddle them from the debt, billion in payroll taxes in this country. is as wonderful as the last 6 or 8 years the $4.7 trillion that was added between Go to a convenience store somewhere. have been in terms of economic per- 1980 and the late 1990s? What better gift Maybe you will run into a person work- formance. Things are better in the could we give to them than to say our ing in that convenience store for the country; everyone understands things first job is to pay down this Federal minimum wage, working 40 hours a are better. debt? But, no, there is some political week, trying to raise two or three kids. You can stand on this floor and say, attractiveness, I guess, to say we want They pay more in payroll taxes than like the rooster taking credit for the to give tax cuts. Gee, that is an easy they pay in income taxes. Yet that sunup, that this person or that person thing to say, but it is not at this point doesn’t count, according to Governor should get the credit for the success of a very responsible fiscal policy—espe- Bush. All that counts is this: Let’s give the economy. The fact is, we were cially when the largest portion of those money back based on income taxes. headed in the wrong direction. This cuts would go to the wealthiest Ameri- How about proposing a tax cut to the economy was in deep trouble. We had cans who have done the best in this American people based on their real run up a $5.7 trillion in debt, and we economy. tax burden? Let me show you that bur- had a $290 billion annual deficit in 1992. It seems to me that tax cuts ought to den. The fact is, 99 percent of the peo- We were moving in the wrong direction come after the paydown of the debt and ple in the bottom fifth income bracket very rapidly. a number of other obligations. But sec- in this country pay more in payroll We in this Chamber, and over in the ond, when we do them—and we should taxes than they do in income taxes. As House—by one vote in each Chamber— if we have surpluses—we ought to do to the second fifth, 92 percent pay more passed a new economic plan. It was them based upon the burden the Amer- in payroll taxes than they do in income controversial as the dickens. It was not ican families have in the workplace,

VerDate 02-OCT-2000 01:01 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.005 pfrm02 PsN: S18PT1 S10648 CONGRESSIONAL RECORD — SENATE October 18, 2000 which includes not just the income tax Minimum wage: We have people they look at the record. There is a big but also the payroll tax. Those are the every day who are working their hearts difference. I hope they make a choice things I think we ought to consider. out trying to take care of their fami- that says that difference matters in Now, the other issue in the debate lies at the bottom of the economic lad- their lives, as well. last night was, whose side are you on? der. Somehow, while this Congress is in I yield the floor. I know there is a difference between a rush to help those at the top of the the two candidates. Let me say I am income ladder with tax cuts, these RESERVATION OF LEADER TIME not here to say one candidate is bad folks who are working at the bottom of and the other is good. That is not my the economic ladder, trying to get The PRESIDING OFFICER. Under role. My role is to say there is a very ahead, are left behind. They deserve an the previous order, the leadership time significant difference in what they be- increase in the minimum wage. They is reserved. lieve and how they approach public pol- deserve to keep pace. It ought to be a icy. I think on the key issues the priority in this Congress to say work AGRICULTURE, RURAL DEVELOP- American people ought to evaluate matters and we value you. If you are MENT, FOOD AND DRUG ADMIN- these matters that were before this struggling to work and take care of ISTRATION, AND RELATED Congress. your families—good for you. We want AGENCY PROGRAMS APPROPRIA- A Patients’ Bill of Rights: Who is on to do something to make sure you keep TIONS ACT, 2001—CONFERENCE whose side on the Patients’ Bill of pace with that minimum wage. REPORT Rights? Does anybody really believe Other issues include prescription that with the growth of the HMOs and drugs and Medicare. Of course we ought The PRESIDING OFFICER. Under managed care organizations that pa- to add a prescription drug benefit to the previous order, the Senate will now tients are just fine; let them fend for Medicare, but this Congress does not resume consideration of the conference themselves? Or do people really under- seem to want to get there. report accompanying H.R. 4461, which stand it is time to do something to Helping family farmers: You can’t the clerk will report. pass a Patients’ Bill of Rights? And if say you are pro family and not stand The assistant legislative clerk read they believe we ought to, why has this for family farmers. as follows: Congress not been willing to do it? I Education: We have not even passed A conference report to accompany H.R. will tell you why: because too many in the Elementary and Secondary Edu- 4461, an act making appropriations for Agri- this Congress stand with the insurance cation Act. culture, Rural Development, the Food and companies and the managed care orga- We have a lot to do. There are big dif- Drug Administration, and related agency ferences between the political parties. programs for fiscal year ending September nizations, and too few have been will- 30th, 2001, and for other purposes. ing to stand on the side of patients. That doesn’t mean one is good and one We have heard story after story of is bad. It simply means there are sig- The PRESIDING OFFICER. The Sen- people who have had to fight cancer nificant policy choices the American ator from New Jersey. and fight their HMOs at the same time. people have an opportunity to make. CAPITAL PUNISHMENT These stories have been told on the We have been struggling mightily on Mr. TORRICELLI. Mr. President, for floor of this Senate. I will state again these issues. We are a minority on my nearly 200 years from the founding of that at one hearing I held on this issue side of the aisle. The debate last night our Republic, capital punishment has with my colleague from Nevada, a highlighted some of the differences. loomed as the ultimate punishment for woman stood up and held a picture of And America needs to make a choice. the violation of our laws. This reflected her son. She began crying as she de- Which path do they want to choose? a belief that such a severe penalty scribed her son’s death on his 16th One with more risk that might upset would serve as a deterrent to those who birthday. Her son suffered from leu- this economy of ours and throw us might think they can take an innocent kemia and desperately needed a special back into the same deficit ditch we life or bring injury to our people. kind of treatment in order to have a were in before, or one that is more cau- While this Nation has always be- chance to live. But he had to fight his tious, that says one of our priorities is lieved that capital punishment is an cancer and fight his managed care or- to pay down the debt? Or will we appropriate penalty for those who com- ganization at the same time because choose a course that says we want to mit the most heinous of crimes, our the managed care organization with- stand with the American people criminal justice system has also been held that treatment. She said her son against the larger economic interests? based on the premise that it is better— looked up at him from his bedside and It is not a myth that the economic and it has been part of American lore said: Mom, how can they do this to a interests are getting bigger and bigger. to suggest that it is better that ten kid like me? Open the paper today and see who guilty men go free than an innocent It is not fair to have a child or have merged today. Yesterday it was two big man ever be put behind bars or lose his parents fight cancer and the insurance oil companies. Tomorrow it will be two life. company at the same time. That is not big banks. Every day the economic en- This is all the more true when what a fair fight. Should we pass a Patients’ terprises are getting bigger. And what is at stake is not just putting a person Bill of Rights? Yes, we should. It is is happening is every day the American in prison—an act that could be rec- what Vice President GORE said last people are finding they have less power tified or proven wrong—but the irre- evening. It is what we said in this Con- in dealing with them, they have less trievable taking of a human life. As gress. Why don’t we do it? Because too power in confronting the prescription long as there has been the American many stand on the side of the bigger drug prices because the pharmaceutical Republic, this has been a founding be- economic interests and are unwilling manufacturers decide what the prices lief: Taking of a life, if it can deter a to stand on the side of patients. are, and they tell the American people: crime, but protecting a mistake of jus- They say the Senate passed a Pa- Pay up. If you don’t like it, don’t buy tice. tients’ Bill of Rights. No, the Senate it. And they will charge ten times more Throughout our history, concerns passed a ‘‘patients’ bill of goods.’’ It for a cancer drug in the United States have been raised about the fair applica- was like playing charades, pulling on than the same drug they sell in Can- tion of the death penalty for exactly your ear and saying: It sounds like. ada. this concern. Those who wrote it knew what they The American people need some help Almost 30 years ago, the Supreme were doing. Republicans in the House in confronting these concentrations of Court, in Furham v. Georgia, effec- of Representatives say it not only is economic power. That is what we have tively abolished the death penalty not worth anything, it is a giant step been fighting for. My hope is that the when it decided that death penalty backwards. The Republicans in the next time someone says there is no dif- statutes at the time did too little to House who support the bipartisan Din- ference in these campaigns, there is no ensure the equal application of the law. gell-Norwood bill know what we ought difference between the two candidates In doing so, the Court held that the to do, and this Senate has been unwill- for President, no difference between death penalty, while itself not nec- ing to do it. the Republican and Democrats, I hope essarily unconstitutional, was often

VerDate 02-OCT-2000 01:01 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.008 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10649 being applied in a manner that was Despite my own support of the death Because of the frequency of execu- both arbitrary and too severe for the penalty and our society’s general belief tions in Texas, that State offers us the crime committed. As such, it con- in it, we must face the reality that best window through which to examine stituted, as the death penalty was then those 3,600 people some may be inno- some of these concerns because in applied, that it was a ‘‘cruel and un- cent. The events of recent months give doing so, it quickly becomes clear that usual’’ punishment under the Constitu- little comfort to any of us who support if the death penalty in Texas is rep- tion. the death penalty. resentative of the rest of the Nation, Just 4 years later, in 1976, the Court, Two weeks ago, the Governor of Vir- we have a real problem. in its Gregg decision, reinstated the ginia was forced to pardon a mentally In a massive study of 131 executions death penalty when it ruled that the retarded man who spent 91⁄2 years on in the State of Texas, it is documented newly enacted statutes in Florida, death row for rape and murder after that there were widespread and sys- Texas, and Georgia were constitu- DNA tests proved he was innocent—91⁄2 tematic flaws in trials and in the ap- tional. By providing guidelines to as- years awaiting death. peals process. sist the judge and the jury in deciding An inmate in Texas served 12 years In a third of the Texas death penalty whether to impose death, those stat- on death row for the killing of a police cases, the defendant was represented utes addressed the arbitrariness that officer before a film maker stumbled by an attorney who had already been had previously colored capital sen- across his case and discovered evidence disbarred. How in God’s name is it possible in a tencing. that established his innocence. An Illi- just and fair society to take a man’s It was at this point in my life that I nois inmate was released just 50 hours life or a woman’s life in an American reached my own decision. I agreed with before his scheduled execution because court of justice if that poor person, the Court in what had become the te- a student’s journalism class at North- who is probably inevitably indigent, is nets of American history that the western University accepted his case as represented by an attorney who has death penalty was fair and appropriate a class project and established with been proven to be incapable and is dis- as a deterrent to crime; it was just certainty his innocence—50 hours be- barred before the courts of the United when the application of the American fore his death. States? Constitution, as the Court had held, The evidence, both academic and an- My God, what kind of people have we where it was arbitrary, where there ecdotal, shows that the death penalty become? Are we so interested in re- were not guidelines, where there was is not functioning as it must to ensure venge, execution, and punishment of a not a safety to protect the innocent or that innocent people not be put to man or woman that we would not give arbitrariness of penalty, it was uncon- death. them a competent attorney? Several of stitutional. What has happened to the conviction these attorneys have themselves been As the Court had found by 1976, I be- of the Founding Fathers and Jeffer- convicted of felonies. Others have been lieved that with the right guidelines, a son’s admonition that it is better 10 jailed on contempt charges for sheer second jury, oversight, appeal, fair rep- guilty men go free than an innocent incompetence in the performance of resentation, the death penalty was man go to jail? It has not been ‘‘an in- their duties. right and it was appropriate. nocent man go to jail,’’ but the evi- The Supreme Court has held—and the In the nearly 25 years since I reached dence is overwhelming that some inno- Founding Fathers must have believed— my own judgment, and indeed as our cent men are going to death. that any man or woman who shares our country reached its decision, 666 people It is not an easy issue. I am not here citizenship has a right to counsel be- have been executed across the Nation. to ascribe the responsibility to others. fore the courts and a defense before the I rise today to bring attention to the I bear it, too. Through all my public Government with their own attorney. point that in those 25 years, more than life I have supported the death penalty, Is this the standard they held? Is this 80 people on death row have been found and I do not abandon it today. I believe the standard that every American to be innocent and released. Some were it can be fair; I believe it can be just; would have for themselves—the right hours, minutes, weeks away from their and I believe it deters crime. I believe to an attorney who was disbarred, own execution. it is appropriate that society take the jailed, held in contempt, or found in- These were not reversals on technical lives of those who would take the lives competent? Is this the barrier between grounds. For the people whose convic- of others. But something is wrong. an accusation against an American cit- tions were overturned, after years of The fact is that sometimes these peo- izen and their execution? confinement, years on death row, it ple committed other crimes, and most In one-third of the death penalty was discovered they simply were not of the people who commit these crimes cases in the State of Texas, defense guilty of a crime for which they had who are put to death are guilty. None counsel presented no evidence or pre- been convicted. of those things matter. It doesn’t mat- sented only one witness during the sen- The Death Penalty Information Cen- ter if it is only 1 in 100. It doesn’t mat- tencing phase. ter reports that between 1973 and Octo- ter if it is 1 in 1,000. As a just and fair When I made my decision in my life as our country made its judgment to ber 1993 there were an average of 2.5 society, no one can feel right about the support the death penalty, it was based convicted persons released per year. fact that obviously without question on the Supreme Court requirement Since the advent of DNA testing, the some innocent people may be put to that there be a sentencing phase in the number has increased to 4.8 people per death or, if not put to death, are spend- death penalty and a separate jury deal- year. For any American, particularly ing years of their lives on death row for ing just with the penalty of death. someone such as myself who supports crimes they did not commit. I think that is right. I think that is the death penalty, believes in the fair- Nowhere is this problem more evi- fair. That is why I support the death ness of the death penalty, one can only dent than the State of Texas. I do not penalty. imagine the responsibility individually say that because its Governor is a But now we find in the State of Texas and collectively we must feel. Presidential candidate or because of that when that separate jury heard the The question is begged; If this has the other party. I don’t care. It has no case, these attorneys for these indigent happened since DNA testing, 4.8 people relevance to me. I ascribe nothing to men and women facing death presented released from jail on death row, my George W. Bush. I am simply dis- no witnesses—or just one. God, what has happened in recent dec- cussing the facts in the State for which This cannot possibly be what the Su- ades? How many people were strapped this problem appears to be most preva- preme Court envisioned for the protec- to gurneys, had their wrists attached lent. tion of our citizens from execution. to leather strips in electric chairs, Since 1982, Texas has executed 231 At least 23 cases featured notoriously knowing in their own minds that they people—and, in fairness, under both Re- unreliable ‘‘hair comparisons’’—visual were innocent but executed? My God, publican and Democrat Governors, to matching of the defendant’s hair to what must they have thought of our so- take away any partisan motive. that found at the crime scene. ciety, justice, and our people? This year alone, 33 people have been This is unbelievable, but I am giving There are now 3,600 people on State put to death in Texas. Another 446 are you the facts about this study of Texas and Federal death rows. on death row. cases.

VerDate 02-OCT-2000 01:01 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.010 pfrm02 PsN: S18PT1 S10650 CONGRESSIONAL RECORD — SENATE October 18, 2000 One hair ‘‘expert’’ in a capital case trariness, against discrimination, en- guilty, I want that evidence known be- with a man facing death was tempo- suring guilt, fairness, and uniformity. fore a person is executed, no matter rarily released from a psychiatric ward These cases in Texas—and while what stage, no matter how many trials, to testify. Another ‘‘expert’’ in a hair Texas may be the most egregious, it no matter how many appeals. I want to identification case pleaded no contest does not stand alone—simply do not know before execution whether that to multiple charges of falsifying and make that standard. DNA evidence has been made available. manufacturing evidence. There is the Supporters of the death penalty, like States are doing it, and this Govern- lone witness in a case that decides myself and a majority of Americans, ment should do it, too. whether or not a man would be exe- are concerned that innocent people I am a cosponsor of the Innocence cuted. have been, are, or will be executed. And Protection Act that was introduced by Since 1995, the highest criminal ap- it is not a theoretical problem, it is my distinguished colleague, Senator peals court of the State of Texas has real. In fact, in a recent survey by LEAHY of Vermont, to ensure that DNA affirmed 270 capital convictions, in- CNN/USA Today, 80 percent of Ameri- evidence is provided, and I urge the cluding some where the defendants’ cans surveyed now believe innocent Senate to consider it. lawyers were asleep during trial. But in people in the United States have been I recognize that all of my colleagues those 270 cases, new trials were granted executed in the last 5 years. That is may not support the death penalty as I on only 8 occasions. quite a statement for us to make about have supported it and continue to sup- I do not think that I am suggesting our own country, our own system of port it, but as a matter of conscience, to the Senate today an unreasonably justice. It is imperative that we take in fidelity with our founding principles, high standard. But is it not appropriate the necessary steps to ensure that it in a belief in all of our sense of fairness at a minimum that in any case where never happens again. and equal protection before the law, for a man or a woman is facing execution Already we are seeing several States the reputation of our country, for con- and the State is taking their lives, re- take the lead against just such a fidence in our system of justice no gardless of the evidence, that defense threat. The Governor of Illinois, a Re- matter how we may divide on the ques- counsel should be awake during the publican, to whom I give great credit, tion of the death penalty, surely on trial? Where the evidence clearly es- troubled by the fact that a number of this we can be of one voice and clearly tablishes that the trial attorney is people on the State’s death row had we can demand no less. I thank the Chair, and I yield the asleep, as a matter of simple justice, been found innocent, announced earlier floor. without contradiction, a new trial this year that he would block all exe- The PRESIDING OFFICER. The Sen- cutions until it had been determined should be granted—at least on the pen- ator from Texas. alty of death, if not of guilt or inno- that the death penalty was being ad- ENDING THE 106TH CONGRESS cence. ministered fairly and justly, and I ap- Mr. GRAMM. Mr. President, today I This same court of appeals upheld plaud him. want to talk about a series of issues the conviction and sentencing of a His- Maryland’s Governor recently or- that are related to the final things panic man who was sentenced to death dered a 2-year study of racial bias and with which we have to deal in ending after a psychiatrist testified that he death penalty procedures in his State, this Congress. It is not a long list, but was more likely to commit future acts and I applaud him. it is a list of things that are important. of violence because of his ethnicity. A The Governor of California recently I hope my colleagues will indulge me psychiatrist argues before a court in signed into law a bill that would guar- antee every convicted felon the right while I talk about these issues. the United States of America that a I read this morning in the New York to have DNA evidence tested if it was man is more likely to commit a crime Times, under the headline ‘‘Leaders in related to the charges that led to his because of his ethnic origin, and a Congress Agree to Debt Relief for Poor court in the United States of America conviction. Good for California. But it Nations,’’ that an agreement has been hears this evidence without reversal. It should be good for every State in the worked out on debt relief. I want to is unimaginable. Nation and for the United States of make it clear that I am not part of any The U.S. Supreme Court recently or- America. such agreement. I hope an agreement dered a new sentencing hearing in that Although the Federal Government is will be worked out, and I would like to case because of the evidence. not the arbiter of most death row be part of an agreement. But I am not How many cases get to the U.S. Su- cases, as with most issues, it has a re- part of any agreement today. preme Court? How many others would sponsibility to set an example. While It is important, since so much has have filed? How many others are si- the Federal Government has not exe- been said and written on this issue, lent? How many others never got attor- cuted someone since 1963, it cannot be that someone on the other side stand neys? said that the Federal system is the up and explain what this issue is about, As a result of such injustices, it is best it can be. why it is important, and why people all not unreasonable to conclude, as Bob This Government has an obligation over America ought to be concerned Herbert did in a recent New York to reform the death penalty to ensure about it and be concerned that it be Times op-ed piece, that the death pen- that innocent people are protected and done right. alty in the State of Texas is nothing to ask the States to do the same. This, I remind my colleagues and those more than ‘‘legal lynching.’’ in my judgment, requires, at a min- who might be listening to this discus- This is not the death penalty that I imum: sion that routinely in America people have supported most of my life. This is First, ensure that defendants in cap- borrow money and are required to not what the Supreme Court had in ital cases have competent legal rep- repay it. Where I am from, College Sta- mind when it issued its standards. My resentation at every stage of the case. tion, TX, it is a pretty hard sell to talk God, this is not what the Founding Fa- At every stage, there should be a law- about forgiving billions of dollars of thers had in mind when they talked yer who is trained, experienced, and debt to countries that borrowed money about equal justice before the law. has the ability to ensure, not just for from us and, in too many cases, simply There is a place in the American ju- the protection of the defendant but of squandered or stole it, and now they do dicial system for capital punishment. I the society, that we are not taking the not want to repay it. They riot, they have not changed my mind. Certain life of an innocent person. I do not protest, they demand, but those things crimes are so offensive, so outrageous, want just that defense for the defend- do not work in College Station, TX. In they so violate the public conscious- ant; I want that defense for me as an College Station, TX, when you borrow ness that capital punishment is the American, to know I am not respon- money from the bank or finance com- only appropriate response. It is, how- sible for the taking of the life of an in- pany or from your brother-in-law, you ever, a remedy so severe that it must nocent person. are expected to pay it back. be administered with the greatest care, Second, provide defendants with ac- Let me make it clear that I am not the greatest reserve, with the highest cess to DNA testing. If science has here to make the most negative case possible standards of justice, in rep- given us the ability to know with cer- that can be made about debt forgive- resentation and review, against arbi- tainty whether a person is innocent or ness. The flip side of the coin is that

VerDate 02-OCT-2000 01:01 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.013 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10651 many of these countries are des- dubious policies could create pressure to get retary of State, who was appointed by perately poor, and much of this debt them changed and prevent poor countries President Clinton, not by me. This is can never be repaid. So the debate I from squandering debt relief. what she says about Chad, a country on want to engage in today is not against This article is from August 2, and on the list of countries that would receive debt relief, as hard a sell as that is July 23 we learned that the Ugandan debt forgiveness if we provide this $450 back home—and I am willing to make President has bought a new $47 million million. I quote: that sale or try to—but I am not will- plane for his use. And we are naming The security forces—- ing to support debt relief unless we are and shaming, along with the British in This is in Chad—- going to have some reforms to assure the Financial Times. continue to commit serious human rights that the money is not wasted. And now on September 13, 2000, in Af- abuses. State security forces continue to I remind my colleagues, while we rica News, Kampala: commit extrajudicial killings. They torture, talk about debt relief, we are actually The Paris Club of creditor countries yes- beat, abuse and rape. appropriating over $450 million because terday cancelled $145 million of Uganda’s Now, I ask my colleagues—and I ask we are paying off this debt. Our money debt under the Highly Indebted Poor Coun- public opinion—does it make sense for tries (HIPC) initiative. was lent and was largely squandered, Tuesday’s Paris Club announcement brings us to appropriate $450 million to for- and now it is going to be used to pay Uganda’s total debt relief from the lending give debt to a country when our own off this debt. countries so far to $656 million. Uganda has State Department, headed by the Sec- So, I am concerned because of the also received $1.3 billion debt relief pledges retary appointed by the same President lack of accountability in how the from the IMF and World Bank in debt relief who champions this debt forgiveness, money is being spent. Any Member of over the next 25 years. tells us, ‘‘State security forces con- Congress knows this is an issue in So on July 23, which turns out to be tinue to commit extrajudicial killings; which a great deal of interest has been the day that debt forgiveness was an- they torture, beat, abuse, and rape’’? taken. nounced for Uganda, the President of Maybe you can go to College Station I had a group of holy people come to Uganda buys himself a new $47 million or Little Rock or Jackson Hole, WY, my office the other day to lobby for luxury jet. And on August 2 we are and sell that. I cannot. this debt forgiveness. I do not think naming and shaming people who are What we are facing is this: Based on since Constantine the Great called his abusing debt forgiveness dollars that good intentions, we want to forgive ecumenical council in Nicaea has there come from American taxpayers. And this debt, but what happens when there been a larger gathering of holy people then on September 13 it is announced is clear and convincing evidence that in one place than the people who came that we have forgiven this debt, raising the proceeds of the debt forgiveness are to see me about supporting debt for- the total to $656 million for Uganda, going to buy luxury jets for Govern- giveness. the same country whose President on ment officials? And in Chad, remember And let me quickly add that every- the day the debt forgiveness package that the ordinary citizens there did not body who came was well intentioned. was announced ordered a $47 million borrow this money, this was a loan to Their hearts were in the right place. jet. the Government. So are we going to But the problem is not with our hearts; Now, the final quote on this point is forgive debts to a government that, ac- the problem is with our heads. Obvi- from the Wall Street Journal, dated cording to our very own State Depart- ously, in this 2000th year of Christi- October 12, 2000: ment, continues to murder, brutalize, anity—this 2000th year of the birth of On the day that Uganda qualified for debt and rape its own people? I don’t think Christ—there is a movement all over forgiveness under the Clinton initiative, the so. the world to try to help the poor. But president of that struggling African nation Having said all of that, what is the the question is, In forgiving this debt, signed a $32 million lease-purchase agree- solution to this problem? It seems to are we really assuring that the money ment for a brand-new Gulf Stream jet. me that if this administration is seri- that we are giving is getting through It goes on to say that we have been ous about doing something other than to the people we are trying to help? assured by the administration that he what it believes will be good politics in And I think that is basically where the got a pretty good buy on the jet. this election, or something that will problem lies. Now, I ask my colleagues, when we make us all feel good—forgiving all of Let me now talk about a couple of are talking about this debt forgiveness, this debt—what we have to do is try to examples that illustrates this problem. should we be forgiving debt with the replicate what happens in every Amer- I want to read from four newspaper ar- idea that it is going to help poor people ican family when people have financial ticles that outline a story, in my opin- in Uganda when the President of Ugan- problems. ion, of how this debt forgiveness is da, on the day the debt relief is an- So, what happens in Arkansas, Texas abused and how our taxpayer ends up nounced, buys a $47 million jet? Maybe or anywhere in America, when the bill holding the bag. you can go to College Station and sell collector comes knocking at the door? The first story is from Africa News, that, but I cannot. And I am not going What happens is that families get to- July 23, 2000, and is from Kampala, to. gether around the kitchen table, they Uganda—one of the initial countries Let me go to the next point. All of get out a pencil and try to figure out targeted for debt relief. the people who have written or called on the back of an envelope how much me, launched letters and sent calls and In March Parliament there approved the they are making and how much they direct procurement of a new 12-seat presi- prayers and e-mails on this issue, say: are spending. They get out their credit dential Gulf Stream GIV Special Perform- We are trying to help people in these cards, they get out the butcher knife, ance SP jet at a cost of $31.5 million. Avia- poor countries; don’t stand in the way; and they cut up their credit cards, and tion experts said that the final cost of the forgive this debt, which I remind my they try to reorganize. They change plane could well be $47 million. colleagues means appropriating money their habits and their behavior. The current presidential jet is a 9-seater to pay off the debt on their behalf. It seems to me, when we are talking Gulf Stream III acquired just a few years The next country I want to talk about forgiving billions of dollars of ago. about is Chad. This is a country that is debt to governments—these loans were Now, from the August 2, 2000, issue of next on the list to receive debt forgive- made to governments, not to people— the Financial Times in London, I ness. The argument is that by forgiving when we are forgiving that debt, we quote: Chad’s debt, we are going to help poor have a right—in fact, I would say an The Group of Seven leading industrialized people who live there. But let me read obligation—to see that that debt for- countries is pressing the Organization for from this year’s U.S. State Department giveness benefits the people who live in Economic Cooperation and Development to ‘‘Report on Human Rights Violations’’ that country. These countries are not stop export credits being used to help poor in Chad, a country that the adminis- poor because of this debt. They are countries buy arms and other ‘‘nonproduc- tive’’ items. tration is pressuring us to appropriate poor because they have oppressive gov- Although the OECD cannot impose binding tax money for so he can forgive their ernments, because they have economic rules, the U.S. and Britain, leaders of the G7 debt. This is from the State Depart- policies that do not work, because they initiative, believe ‘‘naming and shaming’’ ment issued under the name of the Sec- are denied freedom. The sad story is

VerDate 02-OCT-2000 01:01 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.015 pfrm02 PsN: S18PT1 S10652 CONGRESSIONAL RECORD — SENATE October 18, 2000 that if we forgive this debt, and we do the requirements of the World Trade than citizens here are treated if I know not demand real reforms, nothing will Organization so that we have an oppor- the money is not going to be squan- change. This great opportunity to do tunity to sell American goods in their dered or stolen or used to abuse the something good for poor people in the economy, and so that their workers very people we are trying to help. But world will be lost. have a right to buy goods competi- I intend to fight—and fight hard—to In trying to work with the adminis- tively, instead of being forced to buy see that we do not take billions of dol- tration—and I would have to say that, expensive, inferior goods from a gov- lars from American taxpayers to give in theory, there is a lot of agreement ernment-run monopoly. to buy fancy airplanes for government with the administration—but when it We have one of the most open econo- officials, and that we do not use it to comes time to put the requirements mies in the world. We are the richest, basically subsidize corruption and the into place, that is where we cannot freest, happiest people in this world. abuse of the very people we are trying seem to work this issue out. The ad- Asking those who are getting debt re- to help. ministration does not contradict its lief to do something that will help AMNESTY own State Department report on ramp- them is, I think, something that is re- Mr. GRAMM. Mr. President, a second ant human rights abuses. But when quired. It is something that must be topic I rise to talk briefly about is the we’re trying to set requirements for done. issue of amnesty. The White House getting this debt forgiveness, that is Secondly, they would be required to sent a letter dated October 12, 2000 to where the administration says no. set up a series of benchmarks, not just Congress which in many ways is one of I have tried to reduce the require- on opening up their economy, but also the most extraordinary letters I have ments that I think the conscience of in those countries where government ever seen a President send to Congress. the Senate should require to some very dominates the market, where huge This letter, basically says the Presi- simple things. And I just ask people numbers of people work for the govern- dent will veto the Commerce-Justice- who might be listening to what I am ment, and, in essence, the government State appropriations bill unless we saying to ask yourself: Are these un- runs everything, we would require, in grant amnesty to people who have vio- reasonable requirements in return for return for the loan forgiveness, that lated our laws by coming to this coun- billions of dollars of taxpayer money? they set up benchmarks for phasing try illegally. In other words, the Presi- Let me remind my colleagues, I know out subsidies to these government-run dent is threatening that he will veto a there is a drunkenness that has come enterprises. bill that funds DEA—the Drug Enforce- from this big surplus. Never in my po- The third requirement is simply that ment Administration—the FBI, the litical career have I seen money squan- in printing their financial and govern- Federal prison system, our system of dered as it is in our Government this ment records on how much money they criminal and civil justice, he will veto very minute, even as I am speaking are spending, how much they are tak- that bill unless we in Congress grant right now. It is frightening to me. But ing in in taxes, how much they are bor- amnesty to people who have broken the even in this moment of a huge surplus, rowing, that we have transparency so law by coming to the United States of surely everybody realizes and remem- that we and investors can know what is America illegally. bers that, for every dollar we get, every going on in the country and so that we It is one thing for the President, dollar we spend, somebody worked hard can see whether they are taking ac- functioning under the Constitution, to to earn that money. tions that will actually improve the say: You have your idea about how I believe that money ought to be re- life of their people. And that would in- much money should be spent. I have spected. So in return for billions of dol- clude transparency in their financial my idea. I don’t think you are spending lars of the American taxpayers’ money, institutions and their banks. enough. That is what the President is here are the conditions to which I have What this would say is, we do not for- saying every day. The President is asked the administration to agree. give money until these conditions are threatening to veto appropriation after No. 1, we cannot forgive debt for a in place. And if at any point along the appropriation because he doesn’t think country that we find in our most re- way countries do not live up to these we are spending enough. We are spend- cent human rights evaluation engages commitments, then we stop the debt ing faster than we have ever spent in a gross violation of human rights forgiveness. since Lyndon Johnson was President of against its own people. In other words, Some people think these are out- the United States, yet we are not what we would say to the government rageous conditions. But I just simply spending enough money to suit Presi- of Chad is: If you want this debt for- go back to College Station. When you dent Clinton. given, then you have to quit killing, have a line of credit with a bank, and You can argue that he is wrong, that abusing, and raping your people. And if you have told them you are using this it is dangerous, that one of the reasons you do not do that, we are not going to line of credit to invest in your res- the stock market is in shock today is forgive the debt. That is condition No. taurant, and it turns out you bought a this runaway Federal spending that en- 1. car for private use, they cut off your dangers our economy and our pros- I do not view that as unreasonable. line of credit. When you do not tell the perity, but it is a legitimate issue to be Quite frankly, I would be ashamed to truth, you end up losing your line of debating on an appropriations bill, how have my name affixed on a voting list credit. much money we spend. to the forgiveness of this debt if we So I just want to urge, publicly, the The President just happens to be gave it to murderers, thugs, and rap- administration to help Congress put to- wrong—dangerously wrong, in my opin- ists. gether a program that will take this ion—and I am not going to support The second condition has to do with debt forgiveness and put it to work to him. But that is one thing. the fact that these countries are poor help ordinary working people. If we do But to say that unless we pass a law because they are basically practicing not do something like this, we are that has nothing to do with spending socialism. They deny property rights going to end up seeing this money money, that forgives lawbreakers who and economic freedom, and, as a result, spent on jet planes for government came into this country illegally, he is they are poor. leaders; we are going to see the bene- going to veto a bill that funds the FBI, We sometimes get the idea that be- fits of debt forgiveness go to the lead- the DEA, and the criminal justice sys- cause socialism does not work eco- ership elite; and 10 or 15 years from tem is an outrageous assertion of Pres- nomically, that it is dying. But social- now, when these same countries have idential power. Our President has been ism works politically, which is why it the same debt crisis, we will have so successful in manipulating the Con- is alive all over the world and why it is someone like President Clinton who gress, he has forgotten that we have a debated in Washington, DC. will be arguing that we could just fix separation of powers in America. He is Now, here are three economic condi- all this if we just forgive this debt. going to get reminded in this debate. tions that, at a minimum, I believe we I am willing to go along with the I don’t want to get too deeply into need. First of all, if countries are going debt forgiveness. I am willing to go the amnesty issue, but I will say a cou- to take our money, they should be re- home and try to explain to people why ple things about it. First of all, as the quired to open their markets to meet these governments are treated better Presiding Officer knows, as anyone in

VerDate 02-OCT-2000 01:01 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.018 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10653 the Senate knows, if there has been one ify. These are the facts: Most didn’t backs. About half the package is to- Member who has been a champion of qualify for amnesty because the origi- tally deserved and desperately needed. legal immigration, it is I. I have stood nal law, which was going to be the first About half the package in my opin- on the floor many times arguing for and last amnesty ever granted to ion—I am speaking just for myself— letting people with a desire to work lawbreakers in American history—that represents things that are bad public hard, with talent, genius, creativity, was the commitment made here on the policy, and it is being done for one sim- and big dreams into America and to let floor of the Senate—was for people who ple reason: We have the money. Why them come legally. I am proud of the could document that they resided here not spend it? fact that my wife’s grandfather came prior to 1982. Now the Clinton adminis- I am not going to go down a long list. to America as an indentured laborer to tration is saying there were people But let me give you one example—bad work in the sugarcane fields in Hawaii. here when we passed amnesty, who did debt forgiveness. I have spoken previously on this not get amnesty, and that is unfair, Believe it or not, this bill has a pro- issue at great length. One of the most and let’s do it for everyone here prior vision that says to hospitals, if you successful employees I ever had was a to 1986. I suppose then we can do it up don’t collect your bad debt—remember, young man named Rohit Kumar. The to 1996. We can do this rolling amnesty Medicaid pays for health care for poor Senate was debating an increase in the which, again, simply puts a neon sign people. We have two provisions of quota for legal immigration, if I re- along our border which says: Violate Medicare that provide taxpayer assist- member correctly. I talked about the America’s law; come here illegally. ance above Medicaid for very marginal Kumars. His daddy is a research doc- I don’t know what the President is income people who are not poor but tor. His mama is a physician. His uncle going to do. Maybe he is going to veto they have difficulty paying their bills. is an engineer, an architect. The point Commerce-Justice-State. Maybe he is When we are talking about bad debt, I made was, America needs more going to try to shut down the DEA and we are talking about bad-debt incurred Kumars. the FBI, and maybe he is going to try by people who didn’t qualify for Med- I am sure when you are talking about to find somebody to blame. Let me give icaid. amnesty, there are going to be those him a name: PHIL GRAMM. We have a provision in this bill where who will say this has something to do It may well be that the President can the taxpayer will simply come in and with being against foreigners. Well, I pass this amnesty provision. It may pick up 70 percent-plus of bad debt don’t believe America is full. I was the very well be that he has the political costs for hospitals. Collecting debt is cosponsor of the H–1B program that power to force us to grant amnesty to difficult. Ask any retail merchant, or will let 200,000 highly skilled technical lawbreakers in return for funding Com- ask anybody who is in business in people—most of them in graduate merce-State-Justice. I want to go on America. They will tell you it is hard school in America right now, being record here and say, I will not make it to collect debt. funded by our taxpayers—stay tempo- easy. Any conference report that comes What do you think is going to happen rarily to help us keep the economy up that has amnesty in it, I am going when the taxpayer pays 70 percent of strong. But I draw the line on illegal to offer motions to postpone, to delay, the debt that hospitals don’t want to immigration. I draw the line when it and attempt to force cloture. That is collect and that people do not want to comes to breaking the laws of this going to take 3 days. Then we are going pay? They are going to stop collecting. country. to have 30 hours of debate, which is People are going to stop paying, and I believe if we keep granting amnesty going to take another day and a half. the taxpayer is going to pay. to people who came to the country ille- Then you are going to do cloture on To get to the bottom line on this gally, we are in essence putting up a the conference report itself, and that is issue, the President says: Look, you neon sign on all of our borders saying: going to take another 3 days. Then we didn’t spend enough money on the Violate our law; come into the country are going to have 30 hours of debate on things I wanted it spent on, and I am illegally. Then we will later pass laws that conference report which is going going to veto this $27 billion give-back. making it all right and you will be able to take another day. I hope the President does veto it. I to stay. Bill Clinton is the one moving to New think about half of it is justified. I I am not for that. I am adamantly York or Arkansas—I guess the location think we could have done it for $15 bil- opposed to it. Millions of people today to be determined by the outcome of the lion, and could have done a reasonably are on waiting lists to come to Amer- election. I am not going anywhere. I good job. ica legally. They are often the wives or am going to be here next year. Am- But my own view is that if the Presi- husbands of people who have come here nesty may pass. We may basically say: dent vetoes it—we are just moments and become permanent resident aliens. Forget about American laws. You come now from an election. We are going to I am in favor of family unification here, violate them; we will just forget have a new President. My suggestion where someone has come here, they are it. But it is not going to pass without is, if the President vetoes this bill, that self-sustaining, they haven’t received determined resistance. we simply wait until January for a new public assistance within a year, and I want my colleagues to know that President—hopefully, someone who they show the financial ability to take when we are sitting here on election will be more responsible than this care of their spouse and children. I say day and there is an effort to pass am- President—and we will take a very se- let them come to America. But I draw nesty, it is not as if people hadn’t been rious look at Medicare. the line on illegal immigration. told that this was going to be resisted. In this bill, with spending of $27 bil- We have somewhere between 5 and 7 This is profoundly wrong. This is dan- lion, we could not find one penny of million people who have come to Amer- gerous for the future of our country. It savings to put in the bill. There is not ica illegally. When we passed the immi- needs to be stopped. one thing currently being done in gration bill in 1986, we granted am- MEDICARE GIVE-BACK America in health care, including a nesty to people who were here illegally. Mr. GRAMM. Mr. President, I had new scam by States where they simply That was supposed to be it. Yet now the responsibility in working with the overcharge the Federal Government the Clinton administration says they distinguished chairman of the Finance and pocket part of the difference—we are going to shut down the DEA and Committee to try to work out our dif- could not find one thing on which we FBI and the criminal justice system ferences with the House on the Medi- could save money. I find that difficult unless we grant amnesty to more peo- care give-back. to sell. ple. We are getting this sort of bait and We passed a bill in 1997 that was Finally, there was an article in to- switch, for which the administration is aimed at trying to balance the budget day’s Washington Post by David famous. and trying to save Medicare. We suc- Broder. I don’t always agree with I am sure you have heard the argu- ceeded in balancing the budget. We David Broder, but I always think about ment. There is a claim that there were have been in the process since that day what he has to say. I guess if you want some aliens here in 1986 who claim they of trying to undo everything we did. to define a serious commentator and were unfairly denied amnesty and we We have put together a package that set it out in a column, you would have should now go back and let them qual- costs over $27 billion in Medicare give- to put David Broder’s name at the top

VerDate 02-OCT-2000 01:01 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.020 pfrm02 PsN: S18PT1 S10654 CONGRESSIONAL RECORD — SENATE October 18, 2000 of that list. You may not like what he to decide what they need to spend the the differences between the parties, be- says about you. You may not like what money on. tween the Presidential candidates. Cer- he says about your view. But he doesn’t My answer to that is, let him veto it, tainly there are differences. They talk say anything that he doesn’t think and then we can pass a continuing res- about them being the same; they are about. I admire that. olution. Let’s have an election. If peo- not the same. I think there are some He points out today in an article that ple want to spend this surplus, if they very clear philosophical choices to says ‘‘So Long, Surplus’’ that we are want to spend it on program after pro- make. currently—this year—on the verge of gram after program, if they want more Of course, that is why we are here. spending $100 billion more than we said government and less freedom, they There is nothing unusual about having we would spend this year when we know how to vote in this election. If different points of view. Those points adopted the much touted Balanced you want the Government to spend of view are very clear. Often we get in- Budget Act in 1997, which Bill Clinton more, and if you want this surplus to volved in details and get bogged down signed. This wasn’t just Congress, this be spent on government programs, you in the choices in terms of direction and was Congress and the President. We are know how to vote. where we want to go, in terms of where on the verge of spending $100 billion But we ought not to let Bill Clinton we want the country to be in 10, 20, 50 this year more than we said we were spend the money before the American years. That gets lost. They are the going to spend. people vote for more spending. First, I most important issues that we have. I just want to say that someday peo- don’t think they are going to do it; but, One of them, in general terms is, ple are going to ask: What happened to second, that is what elections are what is the role of the Federal Govern- this surplus? They are going to ask: about. ment? How extensively does the Fed- Why didn’t we rebuild Medicare? Why I think we have to quit kowtowing to eral Government get involved in all the didn’t we rebuild Social Security by the President. If he wants to force us activities in our lives? What is the role putting real assets into Social Secu- to stay here and pass these bills day of local government? Of course, most rity—not taking anything out of Social after day after day, if I were running important is the role you and I, as indi- Security but putting real assets into for reelection and were in a close race, viduals, have experienced over the past Social Security—by taking this money I would go home and campaign. But for decade. and investing it in stocks, bonds, and the 60-some-plus of us who are not up For nearly a decade, the idea was real assets so we have something to for reelection, let’s just stay here in that whatever the problem was, it was pay benefits with in the future? town. And if the President suddenly be- up to the Federal Government to re- Someday someone is going to ask: comes reasonable, we will reach an solve it. Of course, much of that comes What happened to that surplus? Why agreement. But if he is going to play from politics. That is a great way to couldn’t we, when tax rates were at the Budhha, to quote him, and sit there get votes. There is a saying: You can highest level in American history, have and see if it will work one more time— teach a person to fish and they always some tax relief for working families? that is, if by threatening to hold us in have a fish; give them a fish and you Why did we have to keep forcing people session he can get us to spend more will always have his vote. That is the to sell the farm or business in order to money than our budget and more political aspect. pay the Government a death tax? Why money than his budget—he wants to There are some great differences: did we have to tax marriage and love in see if it will work one more time, I whether we have higher taxes; whether the marriage tax penalty? want to say no. I think the American we have less taxes; what we do with the Someday somebody is going to ask people would rejoice in it. surplus that exists now. I think one of those questions. I just want to be on I am hopeful my fellow colleagues the real key issues is the division of record saying I think it is outrageous will come to the conclusion that the authority, the division of responsi- that we are doing this. I think we need President is asking too high a price to bility between local governments and to stop doing this. see this session of Congress end. Too the Federal Government, State govern- I read in the paper where the Presi- much money. Too much change in per- ments, county governments. These are dent said he is like the Buddha. He is manent law that does not represent the the issues I believe are extremely im- like Buddha. He just sits and waits and will of the American people. I think we portant. This is, after all, a ‘‘United’’ waits, and Congress wants to go home, need to say no. The sooner we say no, States, a union of States, that each and the only way they are going to go the sooner the President will come to constitutionally has some very clear home is to spend all of this money. his senses. And he will for a simple rea- responsibilities. I repeat that I am not going any- son: He is not holding a strong hand One of the issues that has been most where. President Clinton’s number of here. He is the one moving off. We are interesting, and as the Senator from days as President is now short. not moving anywhere. Texas pointed out, has caused us to My point is that we have a right to I think we can come to a compromise have a slower resolve in this Congress say no. We have a right to say in edu- with the President, but I think we than usual, is the idea that there will cation when we have spent every penny ought to be tired of being run over. I be a surplus, a $5 trillion surplus over the President said he wanted but we say we should not spend more money the next 10 years, $1.8 of that being want to let States decide how to spend simply to get out of town. To do that non-Social Security. the money—we want to give them the would basically betray everything we There are several plans. One is to same money, but we want them to de- claim to believe in and betrays the peo- clearly put the Social Security money cide how to spend it, and President ple who are going to pay our salary, in the Social Security lockbox so it is Clinton says: No. I am going to veto whether we are in town or not. used for Social Security, so that people your bill because I want to tell States I thank my colleagues for their in- who look forward to benefits, particu- how to spend it. dulgence, and I yield the floor. larly young people, will have some feel- I think we have an obligation to say The PRESIDING OFFICER. The Sen- ing that there will be benefits; they are no. If people need schools, they can ator from Wyoming. entitled to those benefits. Of course, as take the money and build schools. If Mr. THOMAS. I ask unanimous con- the demographics change—and they do they need more teachers, they can take sent to speak in morning business. change very much. I think originally the money and hire more teachers. But The PRESIDING OFFICER. Without there were 20 people working for every if they need other things, they can objection, it is so ordered. one drawing benefits, and now it is take the money and do that, because CLEAR CHOICES three working for every one drawing they know their needs better than Bill Mr. THOMAS. Mr. President, I cer- benefits—there will have to be changes Clinton. tainly join my friend from Texas. He in Social Security. But that is not what the President spells out some things that are quite There are proposals for raising taxes. wants. We spent every penny he asked clear but obviously are not talked That is unpopular and not a good idea, for—too much money, in my opinion. about very much. in my view. There is some talk about But he said he is going to veto that bill I was listening earlier to my friend reducing benefits. Again, I don’t think because we give the States the ability from North Dakota, who talked about that is the solution. One view is to give

VerDate 02-OCT-2000 01:40 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.022 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10655 an opportunity, a choice, particularly the Presidential election, whether it be are important for us, our children, and for young people, to have an oppor- the congressional election. And I hope our future. tunity to put a portion of the money each of us, as we exercise our responsi- The nuclear arsenal in this world to- they pay into their own account, to bility as citizens in a government of tals about 32,000 nuclear weapons— have it invested for the private sector the people and for the people and by 32,000 nuclear weapons. The Russians and increase their return. Over a period the people, will take a look at those have about 20,000 of them, many of of time, an increase in return from 21⁄2 choices. Often it is difficult when we them tactical nuclear weapons, some percent to 51⁄2 percent is very signifi- get off on a very specific issue and strategic. The United States has about cant. That is one view. overlook the general direction and phi- 10,500 nuclear weapons. France, China, The opposite view is, no, we don’t losophy we want to take. That, it Israel, the United Kingdom, India, want to touch that. We are not going seems to me, is one of the most impor- Pakistan also have nuclear weapons. to touch Social Security. We don’t tant things we have before the Senate. We know India and Pakistan have a want to change it. At the same time, I hope we can move forward and do few nuclear weapons because they have we have had seven votes here about a our work. We have an obligation to do exploded those nuclear weapons right lockbox and we have had resistance that and do it as quickly as we can. under each other’s chin by their bor- each time. There is a great deal of dis- Certainly we want to stay here until ders. These are countries that do not cussion and debate about philosophical we have completed the work in the like each other, and they have tested differences in the approach. manner in which we think it should be nuclear weapons recently, much to the We heard the candidates talk last completed. The idea that we continue consternation of the rest of the world. night for the third time. Clearly, one to stall, will continue to hold up appro- We have a nuclear arsenal in this point of view is to have a government priations bills so they can be joined world that is frightening. What does health care program for everyone. I with things that are unrelated, seems this mean, 32,000 nuclear weapons? Let don’t happen to agree with that. I wrong to me. me put it in some perspective. The think we talked about that. We tried to I hope we move forward. More than bomb that was dropped on Hiroshima do that early on. We have seen the dif- anything as we move through this very killed 100,000 people. The bomb was ficulties. So we ought to find an alter- important election cycle, I hope each named ‘‘Little Boy.’’ It was 15 kilotons. native solution. The alternative is to of us takes a look at the direction we It was 6,500 times more effective and give people two choices to ensure believe we should move toward. Should more efficient, as they say—only peo- health care, those particularly who we have more Federal Government, ple who are involved in this could use cannot afford it. Those who want to more spending, more taxes? Should we that word, I suppose—than ordinary have some choices are going to pay for have a Federal Government that deals high-explosive bombs. The amount of nuclear weapons that them. with those essential items and funds exist today in this world is equivalent Similarly, with pharmaceuticals, an them properly, reduces taxes so we to 1 million Hiroshima bombs. Think of issue is to put it on every Medicare don’t have excess amounts of money that. The bomb that was dropped on program, whether people really want here, returns to local and State govern- Hiroshima killed 100,000 people. We it, whether people can afford it, as op- ments the kinds of responsibilities have the equivalent of 1 million of posed to choices. There are real dif- they have and, more importantly than those bombs among the countries that ferences. that, returns to individuals the choices Taxes: Of course, we talked a great possess nuclear weapons. they can make in their lives and avoid It is hard for anyone to understand deal and will continue to talk about having the Federal Government be- fully what this means. The world’s nu- the idea of tax reduction, whether come the decisionmaker for each of clear arsenal today has a total yield of spending ought to be what we do with them. about 15 billion tons of TNT. That is the surplus, which is basically the Mr. President, I yield the floor. equivalent to the power of 1 million point of view of AL GORE—the largest Mr. DORGAN. Mr. President, I sug- Hiroshima-type bombs. spending since Lyndon Johnson and his gest the absence of a quorum. This Congress has done very little on proposals—or, on the other hand, we The PRESIDING OFFICER (Mr. AL- the issue of arms control and arms re- ought to take a look at being sure we LARD). The clerk will call the roll. duction. It took a giant step backward, fund and finance those things that are The legislative clerk proceeded to in my judgment, in the debate over the there. We do education; we do Medi- call the roll. Comprehensive Nuclear Test-Ban Trea- care; we do pharmaceuticals. When we Mr. DORGAN. Mr. President, I ask ty. A little over one year ago, on Octo- are through with that, there will still unanimous consent that the order for ber 13, 1999, this Senate rejected ratifi- be substantial amounts of money. It the quorum call be rescinded. cation of the Comprehensive Nuclear ought to go back to the people; it be- The PRESIDING OFFICER. Without Test-Ban Treaty. The Senate did not longs to them; they paid in the money. objection, it is so ordered. hold hearings for 2 years on that issue. We hear talk about it going to 1 per- Mr. DORGAN. Mr. President, I ask Then there were 2 days of hearings cob- cent of the population. The fact is, the unanimous consent to speak in morn- bled together quickly, and then the 1 percent would be paying a higher per- ing business for 20 minutes. Comprehensive Nuclear Test-Ban Trea- The PRESIDING OFFICER. Without centage of the total taxes than they ty was brought before the Senate. objection, it is so ordered. are now. I don’t think there is much of There were 21⁄2 days of floor debate, and an argument that people are entitled NUCLEAR ARMS REDUCTION then it was defeated. to some return. Mr. DORGAN. Mr. President, as we I guess it was defeated by those who The marriage penalty tax: Why near the end of this Congress, one of say they do not want us involved in the should two married people pay more the profound disappointments for me Comprehensive Nuclear Test-Ban Trea- taxes, earning the same amount of and for a number of others serving in ty. However, 160 other countries have money as when they were single, col- the Senate is the inattention paid to already signed the treaty. It was inter- lectively? That is wrong. It was vetoed. the issue of arms control, especially esting. Just before the vote a year ago, Estate tax: People spend their lives the issue of nuclear arms reduction. Mr. Blair, Mr. Chirac, and Mr. Schroe- putting together estates, farms, As we debate a range of public policy der from England, France, and Ger- ranches, businesses. It is not a question issues in this country during the cam- many, wrote the following in an op-ed of not paying taxes. Capital gains taxes paigns for the House and the Senate piece that was rather unprecedented, are paid on the increased value of those and the Presidency, we will hear a lot published in the Washington Post: estates. But the idea that death should about health care, education, taxes, Failure to ratify the CTBT will be a failure trigger a 52-percent tax on an estate and economic growth, but we hear al- in our struggle against proliferation. The that is already being taxed is a choice. most nothing about the issue of nu- stabilizing effect of the Non-Proliferation Those are different directions we clear arms reduction. Treaty . . . would be undermined. Disar- take. I certainly agree with the idea It is important to understand what mament negotiations would suffer. that there are choices and there will be kind of nuclear weapons exist in our This is from three of our closest al- choices in this election, whether it be world and why nuclear arms reductions lies. Their point was we have this

VerDate 02-OCT-2000 01:40 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.025 pfrm02 PsN: S18PT1 S10656 CONGRESSIONAL RECORD — SENATE October 18, 2000 struggle to stop the proliferation of nu- clear warheads aimed at the United fore, I send my thoughts and prayers to clear weapons. Who else will gain pos- States of America. How is it that I hold all of those families who are now griev- session of nuclear weapons? Many want in my hand copper wire from a Ty- ing the loss of their loved ones. They them. Can we stop the spread of nu- phoon-class Russian submarine? Did we should know the service and dedication clear weapons and stop the spread of sink that submarine? Did we attack it of their loved ones in serving this coun- delivery vehicles for those nuclear and sink it and destroy it? No. What try is something a grateful nation will weapons? It is a question this Congress happened to the Typhoon submarine never forget. needs to answer. Regrettably, when it was it was brought to a shipyard, under But it is a dangerous world. The at- voted on the Comprehensive Nuclear the arms control agreement, and it was tack on the Cole reminds us again that Test-Ban Treaty, it answered no; that chopped up. I do not have a picture of there are those who want to commit is not the priority. what was left of it when this was acts of terrorism. It is a dangerous I wonder how many of our colleagues brought to drydock and destroyed, but world. What if that small boat had con- are aware of an incident that occurred the fact is we cut these weapons sys- tained a nuclear weapon? Don’t you December 3, 1997, in the dark hours of tems up as part of our arms control think those terrorists would love to get the early morning in the Barents Sea agreements. their hands on a nuclear weapon? Of off the coast of Norway. That morning This is what the submarine looks course they would. of December 3, 1997, several Russian like in drydock as it is being destroyed. There are many countries that do not ballistic missile submarines surfaced in In the Ukraine, there is a little spot yet have the capability of building nu- the cold water and prepared to fire SS– where you can travel and see some sun- clear weapons that desperately want it. 20 missiles. SS–20 missiles have the ca- flowers growing. Do you know what They are struggling, even now, to try pability of carrying 10 nuclear war- used to be where the sunflowers now to get their hands on the arsenal, and heads. They travel 5,000 miles—far exist? A Russian missile with multiple on the mechanics and capabilities of enough to reach the United States nuclear warheads aimed at the United making a nuclear weapon. We must un- from the Barents Sea. States of America. The missile is now derstand how dangerous it will be for On that morning, those Russian sub- gone. Under arms control agreements, our future and for our children if we do marines surfaced and launched 20 bal- it was pulled out and destroyed because not make arms reduction, and the de- listic missiles. Roaring skyward, they our agreements with the Russians re- velopment of new agreements and new rose to 30,000 feet. They were tracked quire that to happen. Where there was treaties to stop the proliferation of nu- by our space command in NORAD, and once a missile aimed at the United clear weapons job No. 1; we must un- at 30,000 feet, all of those Russian mis- States of America, there is now a field derstand how dangerous that is for our siles exploded. of sunflowers. What a wonderful meta- future. Why did those Russian missiles ex- phor for progress. This Congress, as I indicated, decided plode? Those missiles did not have nu- I raise all these issues simply to say it would not support the Comprehen- clear warheads on them. Those missiles we have made significant progress in sive Nuclear Test-Ban Treaty. Lord were not part of a Russian missile at- arms control and arms reduction, but only knows why they would make that tack on the United States. In fact, not nearly as much as we must. Here is decision. It is beyond me. The test ban seven American weapons inspectors a chart of some of the examples of treaty has formally been ratified by 66 were there, watching from a ship a few what we have done: 5,314 nuclear war- states, signed by 160 states. The major miles away as the Russian missiles heads have been removed, 507 ICBMs, 65 holdouts, incidentally, are the U.S., were launched. These self-destruct silos, 15 ballistic missile submarines, China, India, Pakistan, and North launches were a quick and a cheap way and 62 heavy long range bombers are Korea. Six countries have signed the for the Russians to destroy submarine- gone—because we, through what is Comprehensive Nuclear Test-Ban Trea- launched missiles that they were re- called the Nunn-Lugar program, have ty and 14 have ratified it since our vote quired to destroy under the START I provided taxpayer funding to destroy to turn it down last October. All of the arms control treaty they have with the the weapons that existed in the old So- NATO states, all of our NATO allies, United States. viet Union, and now in Russia, to say, have ratified the Comprehensive Nu- What an interesting thing to see, the in concert with our agreements, we clear Test-Ban Treaty except the firing of missiles to destroy them—no, will reduce nuclear weapons. We have United States. not to terrorize or attack an enemy, reduced nuclear weapons and they have We are told by the critics that we not but to destroy the missiles because reduced nuclear weapons. It makes a only should threaten our arms reduc- arms control agreements require that lot more sense to destroy these air- tion agreements, including START I the missiles be destroyed. planes, missiles and warheads before and START II, and the prospect of a With consent, I hold up a piece of they are used in hostile actions. It Start III, we should also threaten all metal that comes from a Backfire makes a lot more sense to destroy our arms control agreements—includ- bomber. This is from a wing strut on an them by arms control agreements and ing the anti-ballistic missile agree- old Soviet Union—now Russian—bomb- arms reduction agreements. That is ex- ment, which is so important, the cen- er called the Backfire bomber. This actly what has been happening. ter pole of the tent on arms reduc- bomber would fly in this world car- Going back to the chart I put up, de- tion—we should threaten all of those rying nuclear weapons from the cold spite all the progress and all the reduc- for the sake of building a national mis- war with the United States, threat- tions in nuclear arms, here is what is sile defense program. We should threat- ening our country. How would I have left. It is troublesome because there en all of those for the sake of defeating the piece of a wing strut of a Russian are a lot of countries that want to get the Comprehensive Nuclear Test-Ban Backfire bomber? Did we shoot it into these arsenals, especially this one. Treaty. down? No, we did not shoot this bomber There are a lot of countries, a lot of It is interesting that this country has down. I would like to show a picture of people, a lot of terrorist groups that already decided of its own volition we what we did with this bomber. This is want to grab hold of a nuclear weapon will not test nuclear weapons. We de- the Backfire bomber. As you can see, here or there, and have nuclear capa- cided 7 years ago we would not test nu- we cut it in half. Why are we cutting bility for themselves. That is very dan- clear weapons. So we have unilaterally up Russian bombers? Because our arms gerous. That makes for a very dan- said we will not test nuclear weapons, control agreements require a reduction gerous world and a very dangerous fu- but we are then the country that says in nuclear arms and vehicles to deliver ture. we will refuse to ratify the Comprehen- nuclear weapons. Some days ago we witnessed a cow- sive Nuclear Test-Ban Treaty. That is I have here ground up copper wire ardly terrorist act of a couple of people not a step forward; that is a huge step from a Typhoon Russian submarine. in a boat, pulling up by the side of an backwards. This used to be wiring on a Russian American Navy ship, the U.S.S. Cole, I cannot describe my disappointment submarine that would stealthily move creating an explosion that took the life at a Congress that turns down the under the waters of this world with of many of our young sailors who were Comprehensive Nuclear Test-Ban Trea- missiles and multiple warheads, nu- serving their country. I indicated be- ty and the responsibility that should

VerDate 02-OCT-2000 01:40 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.037 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10657 come with this country considering the teach us that the more likely threat to marine. We did not sink it, we disman- nuclear weapons it has. I cannot de- this country is a terrorist threat by tled it. One day, on the floor of the scribe how profound my disappoint- two people on a boat or by someone Senate, I held a hinge from an ICBM ment is. We have a responsibility to driving a rental truck that is filled silo that was located in the Ukraine. I provide leadership. It is our responsi- with a fertilizer bomb, as happened in had that metal hinge not because we bility. We are the world’s leader in this Oklahoma City, or dozens of other ap- destroyed that silo with a nuclear area. We must say that we and our al- proaches in which terrorists, or others, weapon but because we sent bulldozers lies and all other countries must work use their skill to try to wreak havoc and heavy equipment over there and every day, all day, to make sure the through terrorist acts. took the silo out. What a remarkable spread of nuclear weapons stops; to My hope is that while this Congress success. Nunn-Lugar, that is what the make sure those who want to achieve seems oblivious to the value of arms program is called; Republican-Demo- the capability of making nuclear weap- control and arms reductions, we will at crat; LUGAR a Republican, Nunn a ons will not be able to achieve that ca- least have some kind of a discussion in Democrat. Nunn-Lugar: These two peo- pability. We must do that. That is our this campaign going on in this country ple provided leadership in the Senate responsibility. It is on our watch. about how we feel, as Members of Con- saying, this is the program we ought to We have a Senate that turns down a gress and as Presidential candidates, have to try to steer an area of arms re- Comprehensive Nuclear Test-Ban Trea- about our responsibility to provide ductions compliance with treaties that ty but says: Let us build a national leadership to reduce the stockpile of actually reduce the nuclear threat. missile defense no matter what it nuclear arms and reduce the threat of But it is just a step. It is just a step costs; let’s build a national missile de- nuclear war, and especially to stop the in what ought to be a journey for us, a fense system no matter what its con- spread of nuclear weapons to those who long journey, but one we must stick to sequences to our relationship with oth- want them but do not yet have them. and must reflect as a priority for our ers in the nuclear club; let’s build a na- What is our leadership responsi- country. tional missile defense system no mat- bility? Some say: It is not our job. Not So I just wanted to come, as we fin- ter what it does to our arms control now. Not us. It is not time. I do not ish this session of Congress, to say I agreements. Build it, just build it; all agree with that. We are kind of waltz- have been profoundly disappointed that the other things are irrelevant, they ing along as a country. Everything in this Congress we have made no say. seems pretty good. The economy is progress on the issue of stopping the I disagree with that. We have a lot of doing pretty well. spread of nuclear weapons. We have a threats to which this country must re- We have a great deal of uncertainty requirement to provide the leadership spond. Some of them are nuclear in the world. We have a country such in this world on that issue. We have threats. Some of them are nuclear as Russia with 20,000 nuclear weapons. made no progress on the two major threats that result from a rogue state We have a lot of others that aspire to issues: The Comprehensive Nuclear acquiring a ballistic missile, and at- get access to the delivery vehicles and Test-Ban Treaty, we took a huge step taching to that missile a nuclear war- to nuclear weapons. We have terrorist backward in terms of our world leader- head, and aiming it at the United groups who are in terrorist training ship responsibilities; and, second, on States. That truly is a threat. How- camps, as I speak, who would love to the issue of national missile defense, ever, it is one of the least likely acquire small, low-yield nuclear weap- we have sent a signal to others that threats, I might suggest, and all ex- ons. We have command and control our arms control agreements really do perts have suggested that as well. issues in Russia on both strategic and not matter very much. That is, in my The most likely threat, by far, is not tactical nuclear weapons. Yet there is judgment, exactly the wrong signal to to have a rogue nation acquire an almost no discussion here in this be sending. intercontinental ballistic missile and Chamber—almost no discussion in the I heard the Senator from Texas, my fire it at the United States with a nu- Senate—about these issues. colleague, Mr. GRAMM, talk about an- clear warhead; the most likely threat, To the extent there is discussion, it other issue. I can’t do his Texas twang, by far, is for a rogue nation or a ter- is discussion with a set of very special but he said: I am going to be here next rorist group to achieve some sort of blinders, saying: Let’s do the following. year. Well, he is. I am going to be here suitcase nuclear bomb and plant it in Let’s build a national missile defense next year as well. We have terms in the the trunk of a rusty Yugo car, set that system. And let’s build it now. And Senate. I was elected by my State to car on a dock in New York City, and notwithstanding the consequences, we come and serve my State’s interests hold the city hostage. That has noth- don’t care what it costs, and we don’t here in the Senate and serve the inter- ing to do with an intercontinental bal- care what its consequences might be ests of this country. I am going to be listic missile. with respect to arms control agree- here. Far more likely is a small glass vial ments that now exist. It is my intention, with whatever of deadly biological or chemical agents That is not, in my judgment, the best strength I have, to try to provide some that can kill 100 million people. Or far of what we ought to be doing for future constructive leadership, with my col- more likely, in my judgment—if the generations. It is our responsibility to leagues, to say: This country has a sig- threat is a missile threat—is from a lead on the issue of arms reduction and nificant responsibility to address the cruise missile, not an intercontinental arms control. It is our responsibility to issue of stopping the spread of nuclear ballistic missile. A cruise missile, say to the world that 20,000 nuclear weapons. To the extent that we don’t which would be more readily available, weapons in the Russian stockpile is too care much about it, don’t do much is a missile which travels at 500 feet much, and 10,500 nuclear weapons in about it, don’t discuss it, don’t talk above the ground at 500 miles an hour, our stockpile is too much, and we need about it, don’t debate it, in my judg- roughly, and is not detectable or defen- to begin systematic reduction. ment, our country’s future is severely sible from a national missile defense We know what does not work, and we injured. system once it is built. know what does work. What does work I hope that as we turn the corner and So we have our colleagues who turn is the Nunn-Lugar program, in which come to January and swear in the 107th down the Comprehensive Nuclear Test- this country engages in treaties and, Congress, the issue of arms control and Ban Treaty and then say, by the way, with the verification of those treaties, arms reductions—dealing with the we want to build a national missile de- helps pay for the systematic destruc- stopping of the spread of nuclear weap- fense system, and it will protect tion of nuclear weapons and delivery ons and the proliferation of both nu- against one small sliver of the threat, systems for those nuclear weapons. We clear weapons and delivery vehicles for and almost all the rest of the threat know that works. We have been doing them—can become part of a significant will be unresolved because we have it now for several years. debate in Congress because all Mem- spent all the money on this one small I held in my hand, as I said earlier, a bers of Congress will understand our sliver, which is the least likely threat. part of a Russian bomber wing. We did responsibility and its importance. If the attack on the U.S.S. Cole not shoot it down, we sawed it up. I Mr. President, I yield the floor and teaches us—and it should —it ought to held something from a nuclear sub- suggest the absence of a quorum.

VerDate 02-OCT-2000 01:40 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.039 pfrm02 PsN: S18PT1 S10658 CONGRESSIONAL RECORD — SENATE October 18, 2000 The PRESIDING OFFICER. The TREATY WITH MEXICO ON DELIMI- SUPREMACY OF THE CONSTITUTION.—Nothing clerk will call the roll. TATION OF CONTINENTAL SHELF in this Treaty requires or authorizes legisla- tion or other action by the United States of The assistant legislative clerk pro- The resolution of ratification was ceeded to call the roll. America that is prohibited by the Constitu- read as follows: tion of the United States as interpreted by Mr. GRASSLEY. Mr. President, I ask Resolved, (two-thirds of the Senators present the United States. unanimous consent that the order for concurring therein), That the Senate advise The PRESIDING OFFICER. A divi- the quorum call be rescinded. and consent to the ratification of the Treaty The PRESIDING OFFICER. Without sion has been requested. Between the Government of the United Senators in favor of the ratification objection, it is so ordered. States of America and the Government of of this treaty, please rise. (After a the United Mexican States on the Delimita- tion of the Continental Shelf in the Western pause.) Those opposed will rise and RECESS Gulf of Mexico Beyond 200 Nautical Miles, stand until counted. With two-thirds of the Senators The PRESIDING OFFICER. Under signed at Washington on June 9, 2000 (Treaty present having voted in the affirma- the previous order, the Senate stands Doc. 106–39), subject to the declaration of tive, the resolution of ratification is in recess until the hour of 2:15 p.m. subsection (a) and the proviso of subsection (b). agreed to. Thereupon, the Senate, at 12:29 p.m., (a) DECLARATION.—The Senate’s advice and recessed until 2:17 p.m., whereupon, the consent is subject to the following declara- INTER-AMERICAN CONVENTION ON Senate reassembled when called to tion, which shall be binding upon the Presi- SERVING CRIMINAL SENTENCES order by the Presiding Officer (Mr. dent: ABROAD GREGG). TREATY INTERPRETATION.—The Senate af- The resolution of ratification was The PRESIDING OFFICER. The Sen- firms the applicability to all treaties of the read as follows: constitutionally based principles of treaty ator from Wyoming is recognized. Resolved, (two thirds of the Senators present Mr. THOMAS. I suggest the absence interpretation set forth in Condition (1) of the resolution of ratification of the INF concurring therein), That the Senate advise of a quorum. Treaty, approved by the Senate on May 27, and consent to the ratification of the Inter- The PRESIDING OFFICER. The 1988, and Condition (8) of the resolution of American Convention on Serving Criminal clerk will call the roll. ratification of the Document Agreed Among Sentences Abroad, done in Managua, Nica- The assistant legislative clerk pro- the States Parties to the Treaty on Conven- ragua, on June 9, 1993, signed on behalf of the ceeded to call the roll. tional Armed Forces in Europe, approved by United States at the Organization of Amer- Mr. THOMAS. Mr. President, I ask the Senate on May 14, 1997. ican States Headquarters in Washington on January 10, 1995 (Treaty Doc. 104–35), subject unanimous consent that the order for (b) PROVISO.—The resolution of ratification is subject to the following proviso, which to the conditions of subsections (a) and (b). the quorum call be rescinded. (a) The advice and consent of the Senate is shall not be included in the instrument of The PRESIDING OFFICER. Without subject to the following conditions, which ratification to be signed by the President: shall be included in the instrument of ratifi- objection, it is so ordered. SUPREMACY OF THE CONSTITUTION.—Nothing in this Treaty requires or authorizes legisla- cation of the Convention: (1) RESERVATION.—With respect to Article tion or other action by the United States of EXECUTIVE SESSION V, paragraph 7, the United States of America America that is prohibited by the Constitu- will require that whenever one of its nation- tion of the United States as interpreted by als is to be returned to the United States, EXECUTIVE CALENDAR—UNANI- the United States. the sentencing state provide the United MOUS CONSENT AGREEMENT The PRESIDING OFFICER. A divi- States with the documents specified in that sion has been requested. paragraph in the English language, as well as Mr. THOMAS. Mr. President, I ask Senators in favor of the ratification the language of the sentencing state. The unanimous consent that the Senate of this treaty, please rise. (After a United States undertakes to furnish a trans- proceed to executive session to con- pause.) Those opposed will rise and lation of those documents into the language sider the following treaties on today’s stand until counted. of the requesting state in like cir- Executive Calendar. They will consist cumstances. With two-thirds of the Senators (2) UNDERSTANDING.—The United States of of Nos. 20 through 53. present having voted in the affirma- I further ask unanimous consent that America understands that the consent re- tive, the resolution of ratification is quirements in Articles III, IV, V and VI are the treaties be considered as having agreed to. cumulative; that is, that each transfer of a passed through their various par- sentenced person under this Convention shall liamentary stages up to and including PROTOCOL AMENDING THE 1950 require the concurrence of the sentencing the presentation of the resolutions of CONSULAR CONVENTION WITH state, the receiving state, and the prisoner, ratification; all committee provisos, IRELAND and that in the circumstances specified in reservations, understandings, declara- The resolution of ratification was Article V, paragraph 3, the approval of the tions be considered and agreed to; that read as follows: state or province concerned shall also be re- quired. any statements be printed in the CON- Resolved, (two-thirds of the Senators present (b) The advice and consent of the Senate is GRESSIONAL RECORD as if read; further, concurring therein), That the Senate advise subject to the following conditions, which that when the resolutions of ratifica- and consent to the ratification of the Pro- are binding upon the President but not re- tion are voted upon, the motion to re- tocol Amending the 1950 Consular Conven- quired to be included in the instrument of consider be laid upon the table, the tion Between the United States of America ratification of the Convention: and Ireland, signed at Washington on June President be notified of the Senate’s (1) DECLARATION.—The Senate affirms the 16, 1998 (Treaty Doc. 106–43), subject to the applicability to all treaties of the constitu- action, and that following the disposi- declaration of subsection (a) and the proviso tionally based principles of treaty interpre- tion of the treaties, the Senate return of subsection (b). tation set forth in Condition (1) of the reso- to legislative session. (a) DECLARATION.—The Senate’s advice and lution of ratification of the INF Treaty, ap- The PRESIDING OFFICER. Without consent is subject to the following declara- proved by the Senate on May 27, 1988, and objection, it is so ordered. tion, which shall be binding upon the Presi- Condition (8) of the resolution of ratification Mr. THOMAS. Mr. President, I ask dent: of the Document Agreed Among the States unanimous consent that the clerk re- TREATY INTERPRETATION.—The Senate af- Parties to the Treaty on Conventional firms the applicability to all treaties of the Armed Forces in Europe, approved by the port each treaty by title prior to the constitutionally based principles of treaty vote on each treaty, and further I ask Senate on May 14, 1997. interpretation set forth in Condition (1) of (2) PROVISO.—Nothing in this Treaty re- for a division vote on each resolution the resolution of ratification of the INF quires or authorizes legislation or other ac- of ratification. Treaty, approved by the Senate on May 27, tion by the United States of America that is The PRESIDING OFFICER. Is there 1988, and Condition (8) of the resolution of prohibited by the Constitution of the United objection? Without objection, it is so ratification of the Document Agreed Among States as interpreted by the United States. ordered. The treaties will be considered the States Parties to the Treaty on Conven- The PRESIDING OFFICER. A divi- to have passed through their various tional Armed Forces in Europe, approved by sion has been requested. the Senate on May 14, 1997. parliamentary stages up to and includ- (b) PROVISO.—The resolution of ratification Senators in favor of the ratification ing the presentation of the resolutions is subject to the following proviso, which of the treaty, please rise. (After a of ratification, which the clerk will re- shall not be included in the instrument of pause.) Those opposed will rise and port. ratification to be signed by the President: stand until counted.

VerDate 02-OCT-2000 01:40 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.041 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10659 With two-thirds of the Senators constitutionally based principles of treaty TREATY WITH GUATEMALA FOR present having voted in the affirma- interpretation set forth in Condition (1) of RETURN OF STOLEN, ROBBED, tive, the resolution of ratification is the resolution of ratification of the INF EMBEZZLED OR APPROPRIATED agreed to. Treaty, approved by the Senate on May 27, VEHICLES AND AIRCRAFT 1988, and Condition (8) of the resolution of TREATY WITH BELIZE FOR ratification of the Document Agreed Among The resolution of ratification was RETURN OF STOLEN VEHICLES the States Parties to the Treaty on Conven- read as follows: tional Armed Forces in Europe, approved by Resolved, (two thirds of the Senators present The resolution of ratification was the Senate on May 14, 1997. concurring therein), That the Senate advise read as follows: (b) PROVISO.—The resolution of ratification and consent to the ratification of the Treaty Resolved, (two thirds of the Senators present is subject to the following proviso, which Between the Government of the United concurring therein), That the Senate advise shall not be included in the instrument of States of America and the Government of and consent to the ratification of the Treaty ratification to be signed by the President: the Republic of Guatemala for the Return of Stolen, Robbed, Embezzled or Appropriated Between the Government of the United SUPREMACY OF THE CONSTITUTION.—Nothing States of America and the Government of in this Treaty requires or authorizes legisla- Vehicles and Aircraft, with Annexes and a Belize for the Return of Stolen Vehicles, tion or other action by the United States of Related Exchange of Notes, signed at Guate- mala City on October 6, 1997 (Treaty Doc. with Annexes and Protocol, signed at America that is prohibited by the Constitu- 105–58), subject to the declaration of sub- Belmopan on October 3, 1996 (Treaty Doc. tion of the United States as interpreted by section (a) and the proviso of subsection (b). 105–54), subject to the declaration of sub- the United States. (a) DECLARATION.—The Senate’s advice and section (a) and the proviso of subsection (b). consent is subject to the following declara- (a) DECLARATION.—The Senate’s advice and The PRESIDING OFFICER. A divi- tion, which shall be binding upon the Presi- consent is subject to the following declara- sion has been requested. dent: tion, which shall be binding upon the Presi- Senators in favor of the ratification TREATY INTERPRETATION.—The Senate af- dent: of the treaty will please raise their firms the applicability to all treaties of the TREATY INTERPRETATION.—The Senate af- hand. (After a pause.) Those opposed constitutionally based principles of treaty firms the applicability to all treaties of the will raise their hands and be counted. interpretation set forth in Condition (1) of constitutionally based principles of treaty With two-thirds of the Senators the resolution of ratification of the INF interpretation set forth in Condition (1) of Treaty, approved by the Senate on May 27, the resolution of ratification of the INF present having voted in the affirma- 1988, and Condition (8) of the resolution of Treaty, approved by the Senate on May 27, tive, the resolution of ratification is ratification of the Document Agreed Among 1988, and Condition (8) of the resolution of agreed to. the States Parties to the Treaty on Conven- ratification of the Document Agreed Among tional Armed Forces in Europe, approved by the States Parties to the Treaty on Conven- the Senate on May 14, 1997. tional Armed Forces in Europe, approved by TREATY WITH DOMINICAN REPUB- (b) PROVISO.—The resolution of ratification the Senate on May 14, 1997. LIC FOR THE RETURN OF STO- is subject to the following proviso, which (b) PROVISO.—The resolution of ratification LEN OR EMBEZZLED VEHICLES shall not be included in the instrument of is subject to the following proviso, which ratification to be signed by the President: shall not be included in the instrument of The resolution of ratification was SUPREMACY OF THE CONSTITUTION.—Nothing ratification to be signed by the President: read as follows: in this Treaty requires or authorizes legisla- SUPREMACY OF THE CONSTITUTION.—Nothing Resolved, (two thirds of the Senators present tion or other action by the United States of in this Treaty requires or authorizes legisla- concurring therein), That the Senate advise America that is prohibited by the Constitu- tion or other action by the United States of and consent to the ratification of the Treaty tion of the United States as interpreted by America that is prohibited by the Constitu- Between the Government of the United the United States. tion of the United States as interpreted by states of America and the Government of the The PRESIDING OFFICER. A divi- the United States. Dominican Republic for the Return of Stolen sion has been requested. Mr. BYRD. Mr. President, I ask unan- or Embezzled Vehicles, with Annexes, signed Senators in favor of the ratification imous consent that the division be at Santo Domingo on April 30, 1996 (Treaty of the treaty will please raise their shown by raising of hands rather than Doc. 106–7), subject to the declaration of sub- hand. (After a pause.) Those opposed standing. section (a) and the proviso of subsection (b). will raise their hands and be counted. The PRESIDING OFFICER. Without (a) DECLARATION.—The Senate’s advice and With two-thirds of the Senators consent is subject to the following declara- objection, it is so ordered. present having voted in the affirma- tion, which shall be binding upon the Presi- tive, the resolution of ratification is A division has been requested. dent: agreed to. Senators in favor of the ratification TREATY INTERPRETATION.—The Senate af- of the treaty will please raise their firms the applicability to all treaties of the TREATY WITH PANAMA ON RE- hand. (After a pause.) Those opposed constitutionally based principles of treaty TURN OF VEHICLES AND AIR- will raise their hands and be counted. interpretation set forth in Condition (1) of CRAFT With two-thirds of the Senators the resolution of ratification of the INF Treaty, approved by the Senate on May 27, The resolution of ratification was present having voted in the affirma- read as follows: tive, the resolution of ratification is 1988, and Condition (8) of the resolution of Resolved, (two thirds of the Senators present agreed to. ratification of the Document Agreed Among the States Parties to the Treaty on Conven- concurring therein), That the Senate advise TREATY WITH COSTA RICA ON RE- tional Armed Forces in Europe, approved by and consent to the ratification of the Treaty the Senate on May 14, 1997. Between the Government of the United TURN OF VEHICLES AND AIR- States of America and the Government of CRAFT (b) PROVISO.—The resolution of ratification is subject to the following proviso, which the Republic of Panama for the Return of The resolution of ratification was shall not be included in the instrument of Stolen, Robbed, or Converted Vehicles and read as follows: ratification to be signed by the President: Aircraft, with Annexes, signed at Panama on June 6, 2000, and a related exchange of notes Resolved, (two-thirds of the Senators present SUPREMACY OF THE CONSTITUTION.—Nothing of July 25, 2000 (Treaty Doc. 106–44), subject concurring therein), That the Senate advise in this Treaty requires or authorizes legisla- to the declaration of subsection (a) and the and consent to the ratification of the Treaty tion or other action by the United States of proviso of subsection (b). Between the Government of the United America that is prohibited by the Constitu- (a) DECLARATION.—The Senate’s advice and States of America and the Government of tion of the United States as interpreted by consent is subject to the following declara- the Republic of Costa Rica for the Return of the United States. tion, which shall be binding upon the Presi- Stolen, Robbed, Embezzled or Appropriated The PRESIDING OFFICER. A divi- dent: Vehicles and Aircraft, with Annexes and a sion has been requested. TREATY INTERPRETATION.—The Senate af- related exchange of notes, signed at San Jose firms the applicability to all treaties of the on July 2, 1999 (Treaty Doc. 106–40), subject Senators in favor of the ratification constitutionally based principles of treaty to the declaration of subsection (a) and the of the treaty will please raise their interpretation set forth in Condition (1) of proviso of subsection (b). hand. (After a pause.) Those opposed the resolution of ratification of the INF (a) DECLARATION.—The Senate’s advice and will raise their hands and be counted. Treaty, approved by the Senate on May 27, consent is subject to the following declara- 1988, and Condition (8) of the resolution of tion, which shall be binding upon the Presi- With two-thirds of the Senators ratification of the Document Agreed Among dent: present having voted in the affirma- the States Parties to the Treaty on Conven- TREATY INTERPRETATION.—The Senate af- tive, the resolution of ratification is tional Armed Forces in Europe, approved by firms the applicability to all treaties of the agreed to. the Senate on May 14, 1997.

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(b) PROVISO.—The resolution of ratification States of America and the Government of tion or other action by the United States of is subject to the following proviso, which the State of Bahrain Concerning the Encour- America that is prohibited by the Constitu- shall not be included in the instrument of agement and Reciprocal Protection of In- tion of the United States as interpreted by ratification to be signed by the President: vestment, with Annex, signed at Washington the United States. SUPREMACY OF THE CONSTITUTION.—Nothing on September 29, 1999 (Treaty Doc. 106–25), The PRESIDING OFFICER. A divi- in this Treaty requires or authorizes legisla- subject to the declaration of subsection (a) sion has been requested. tion or other action by the United States of and the proviso of subsection (b). Senators in favor of the ratification America that is prohibited by the Constitu- (a) DECLARATION.—The Senate’s advice and of the treaty will please raise their consent is subject to the following declara- tion of the United States as interpreted by hand. (After a pause.) Those opposed the United States. tion, which shall be binding upon the Presi- will raise their hands and be counted. The PRESIDING OFFICER. A divi- dent: TREATY INTERPRETATION.—The Senate af- With two-thirds of the Senators sion has been requested. firms the applicability to all treaties of the present having voted in the affirma- Senators in favor of the ratification constitutionally based principles of treaty tive, the resolution of ratification is of the treaty will please raise their interpretation set forth in Condition (1) of agreed to. hand. (After a pause.) Those opposed the resolution of ratification of the INF will raise their hands and be counted. Treaty, approved by the Senate on May 27, INVESTMENT TREATY WITH With two-thirds of the Senators 1988, and Condition (8) of the resolution of CROATIA present having voted in the affirma- ratification of the Document Agreed Among The resolution of ratification was the States Parties to the Treaty on Conven- read as follows: tive, the resolution of ratification is tional Armed Forces in Europe, approved by Resolved, (two thirds of the Senators present agreed to. the Senate on May 14, 1997. concurring therein), That the Senate advise (b) PROVISO.—The resolution of ratification INVESTMENT TREATY WITH and consent to the ratification of the Treaty is subject to the following proviso, which Between the Government of the United AZERBAIJAN shall not be included in the instrument of States of America and the Government of ratification to be signed by the President: The resolution of ratification was the Republic of Croatic Concerning the En- SUPREMACY OF THE CONSTITUTION.—Nothing read as follows: couragement and Reciprocal Protection of in this Treaty requires or authorizes legisla- Resolved, (two thirds of the Senators present Investment, with Annex and Protocol, signed tion or other action by the United States of concurring therein), That the Senate advise at Zagreb on July 13, 1996 (Treaty Doc. 106– America that is prohibited by the Constitu- and consent to the ratification of the Treaty 29), subject to the declaration of subsection tion of the United States as interpreted by Between the Government of the United (a) and the proviso of subsection (b). the United States. States of America and the Government of (a) DECLARATION.—The Senate’s advice and the Republic of Azerbaijan Concerning the The PRESIDING OFFICER. A divi- consent is subject to the following declara- Encouragement and Reciprocal Protection of sion has been requested. tion, which shall be binding upon the Presi- Investment, with Annex, signed at Wash- Senators in favor of the ratification dent: ington on August 1, 1997, together with an of the treaty will please raise their TREATY INTERPRETATION.—The Senate af- firms the applicability to all treaties of the Amendment to the Treaty set Forth in an hand. (After a pause.) Those opposed Exchange of Diplomatic Notes Dated August constitutionally based principles of treaty will raise their hands and be counted. interpretation set forth in Condition (1) of 8, 2000, and August 25, 2000, (Treaty Doc. 106– With two-thirds of the Senators the resolution of ratification of the INF 47), subject to the declaration of subsection present having voted in the affirma- Treaty, approved by the Senate on May 27, (a) and the proviso of subsection (b). tive, the resolution of ratification is 1988, and Condition (8) of the resolution of (a) DECLARATION.—The Senate’s advice and agreed to. ratification of the Document Agreed Among consent is subject to the following declara- the States Parties to the Treaty on Conven- tion, which shall be binding upon the Presi- Mr. THOMAS. Mr. President, may I ask the Senator if it would be agree- tional Armed Forces in Europe, approved by dent: the Senate on May 14, 1997. TREATY INTERPRETATION.—The Senate af- able to having them read and voted on (b) Proviso.—The resolution of ratification firms the applicability to all treaties of the en bloc. is subject to the following proviso, which constitutionally based principles of treaty Mr. BYRD. I would object. shall not be included in the instrument of interpretation set forth in Condition (1) of Mr. THOMAS. Very well. ratification to be signed by the President: the resolution of ratification of the INF SUPREMACY OF THE CONSTITUTION.—Nothing Treaty, approved by the Senate on May 27, INVESTMENT TREATY WITH in this Treaty requires or authorizes legisla- 1988, and Condition (8) of the resolution of BOLIVIA tion or other action by the United States of ratification of the Document Agreed Among The resolution of ratification was America that is prohibited by the Constitu- the States Parties to the Treaty on Conven- read as follows: tion of the United States as interpreted by tional Armed Forces in Europe, approved by the United States. Resolved, (two thirds of the Senators present the Senate on May 14, 1997. concurring therein), That the Senate advise The PRESIDING OFFICER. A divi- (b) PROVISO.—The resolution of ratification and consent to the ratification of the Treaty sion has been requested. is subject to the following proviso, which Between the Government of the United Senators in favor of the ratification shall not be included in the instrument of States of America and the Government of of the treaty will please raise their ratification to be signed by the President: the Republic of Bolivia Concerning the En- hand. (After a pause.) Those opposed SUPREMACY OF THE CONSTITUTION.—Nothing couragement and Reciprocal Protection of in this Treaty requires or authorizes legisla- will raise their hands and be counted. Investment, with Annex and Protocol, signed tion or other action by the United States of With two-thirds of the Senators at Santiago, Chile, on April 17, 1998 (Treaty America that is prohibited by the Constitu- present having voted in the affirma- Doc. 106–26), subject to the declaration of tion of the United States as interpreted by tive, the resolution of ratification is subsection (a) and the proviso of subsection the United States. (b). agreed to. The PRESIDING OFFICER. A divi- (a) DECLARATION.—The Senate’s advice and INVESTMENT TREATY WITH EL sion has been requested. consent is subject to the following declara- SALVADOR Senators in favor of the ratification tion, which shall be binding upon the Presi- The resolution of ratification was of the treaty will please raise their dent: TREATY INTERPRETAITON.—The Senate af- read as follows: hand. (After a pause.) Those opposed firms the applicability to all treaties of the Resolved, (two thirds of the Senators present will raise their hands and be counted. constitutionally based principles of treaty concurring therein), That the Senate advise With two-thirds of the Senators interpretation set forth in Condition (1) of and consent to the ratification of the Treaty present having voted in the affirma- the resolution of ratification of the INF Between the Government of the United tive, the resolution of ratification is Treaty, approved by the Senate on May 27, States of America and the Government of agreed to. 1988, and Condition (8) of the resolution of the Republic of El Salvador Concerning the ratification of the Document Agreed Among Encouragement and Reciprocal Protection of INVESTMENT TREATY WITH the States Parties to the Treaty on Conven- Investment, with Annex and Protocol, signed BAHRAIN tional Armed Forces in Europe, approved by at San Salvador on March 10, 1999 (Treaty The resolution of ratification was the Senate on May 14, 1997. Doc. 106–28), subject to the declaration of (b) PROVISO.—The resolution of ratification subsection (a) and the proviso of subsection read as follows: is subject to the following provisos, which (b). Resolved, (two thirds of the Senators present shall not be included in the instrument of (a) DECLARATION.—The Senate’s advice and concurring therein, That the Senate advise ratification to be signed by the President: consent is subject to the following declara- and consent to the ratification of the Treaty SUPREMACY OF THE CONSTITUTION.—Nothing tion, which shall be binding upon the Presi- Between the Government of the United in this Treaty requires or authorizes legisla- dent:

VerDate 02-OCT-2000 01:40 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.012 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10661 TREATY INTERPRETATION.—The Senate af- INVESTMENT TREATY WITH shall not be included in the instrument of firms the applicability to all treaties of the JORDAN ratification: constitutionally based principles of treaty SUPREMACY OF THE CONSTITUTION.—Nothing interpretation set forth in Condition (1) of The resolution of ratification was in this Treaty requires or authorizes legisla- the resolution of ratification of the INF read as follows: tion or other action by the United States of Treaty, approved by the Senate on May 27, Resolved, (two thirds of the Senators present America that is prohibited by the Constitu- 1988, and Condition (8) of the resolution of concurring therein), That the Senate advise tion of the United States as interpreted by ratification of the Document Agreed Among and consent to the ratification of the Treaty the United States. the States Parties to the Treaty on Conven- Between the Government of the United The PRESIDING OFFICER. A divi- tional Armed Forces in Europe, approved by States of America and the Government of sion has been requested. the Senate on May 14, 1997. the Hashemite Kingdom of Jordan Con- Senators in favor of the ratification (b) PROVISO.—The resolution of ratification cerning the Encouragement and Reciprocal of the treaty will please raise their is subject to the following proviso, which Protection of Investment, with Annex and shall not be included in the instrument of Protocol, signed at Amman on July 2, 1997 hand. (After a pause.) Those opposed ratification to be signed by the President: (Treaty Doc. 106–30), subject to the declara- will raise their hands and be counted. SUPREMACY OF THE CONSTITUTION.—Nothing tion of subsection (a) and the proviso of sub- With two-thirds of the Senators in this Treaty requires or authorizes legisla- section (b). present having voted in the affirma- tion or other action by the United States of (a) DECLARATION.—The Senate’s advice and tive, the resolution of ratification is America that is prohibited by the Constitu- consent is subject to the following declara- agreed to. tion of the United States as interpreted by tion, which shall be binding upon the Presi- the United States. dent: INVESTMENT TREATY WITH MOZAMBIQUE The PRESIDING OFFICER. A divi- TREATY INTERPRETATION.—The Senate af- sion has been requested. firms the applicability to all treaties of the The resolution of ratification was constitutionally based principles of treaty read as follows: Senators in favor of the ratification interpretation set forth in Condition (1) of Resolved, (two thirds of the Senators present of the treaty will please raise their the resolution of ratification of the INF concurring therein), That the Senate advise hand. (After a pause.) Those opposed Treaty, approved by the Senate on May 27, and consent to the ratification of the Treaty will raise their hands and be counted. 1988, and Condition (8) of the resolution of Between the Government of the United ratification of the Document Agreed Among With two-thirds of the Senators States of America and the Government of the States Parties to the Treaty on Conven- present having voted in the affirma- Mozambique Concerning the Encouragement tional Armed Forces in Europe, approved by tive, the resolution of ratification is and Reciprocal Protection of Investment, the Senate on May 14, 1997. with Annex and Protocol, and a related ex- agreed to. (b) PROVISO.—The resolution of ratification change of letters, signed at Washington on is subject to the following proviso, which December 1, 1998 (Treaty Doc. 106–31) subject shall not be included in the instrument of INVESTMENT TREATY WITH to the declaration of subsection (a) and the ratification to be signed by the President: HONDURAS proviso of subsection (b). SUPREMACY OF THE CONSTITUTION.—Nothing (a) DECLARATION.—The Senate’s advice and The resolution of ratification was in this Treaty requires or authorizes legisla- consent is subject to the following declara- read as follows: tion or other action by the United States of tion, which shall be binding upon the Presi- America that is prohibited by the Constitu- Resolved, (two thirds of the Senators present dent: tion of the United States as interpreted by concurring therein), That the Senate advise TREATY INTERPRETATION.—The Senate af- and consent to the ratification of the Treaty the United States. firms the applicability to all treaties of the Between the Government of the United The PRESIDING OFFICER. A divi- constitutionally based principles of treaty States of America and the Government of sion has been requested. interpretation set forth in Condition (1) of the Republic of Honduras Concerning the En- Senators in favor of the ratification the resolution of ratification of the INF couragement and Reciprocal Protection of of the treaty will please raise their Treaty, approved by the Senate on May 27, Investment, with Annex and Protocol, signed hand. (After a pause.) Those opposed 1988, and Condition (8) of the resolution of at Denver on July 1, 1995 (Treaty Doc. 106– ratification of the Document Agreed Among 27), subject to the declaration of subsection will raise their hands and be counted. the States Parties to the Treaty on Conven- (a) and the proviso of subsection (b). With two-thirds of the Senators tional Armed Forces in Europe, approved by (a) DECLARATION.—The Senate’s advice and present having voted in the affirma- the Senate on May 14, 1997. consent is subject to the following declara- tive, the resolution of ratification is (b) PROVISO.—The resolution of ratification tion, which shall be binding upon the Presi- agreed to. is subject to the following proviso, which dent: shall not be included in the instrument of TREATY INTERPRETATION.—The Senate af- INVESTMENT TREATY WITH ratification to be signed by the President: firms the applicability to all treaties of the LITHUANIA SUPREMACY OF THE CONSTITUTION.—Nothing constitutionally based principles of treaty The resolution of ratification was in this Treaty requires or authorizes legisla- tion or other action by the United States of interpretation set forth in Condition (1) of read as follows: the resolution of ratification of the INF America that is prohibited by the Constitu- Treaty, approved by the Senate on May 27, Resolved, (two thirds of the Senators present tion of the United States as interpreted by 1988, and Condition (8) of the resolution of concurring therein), That the Senate advise the United States. ratification of the Document Agreed Among and consent to the ratification of the Treaty The PRESIDING OFFICER. A divi- the States parties to the Treaty on Conven- Between the Government of the United States of America and the Government of sion has been requested. tional Armed Forces in Europe, approved by Senators in favor of the ratification the Senate on May 14, 1997. the Republic of Lithuania for the Encourage- of this treaty will please raise their (b) PROVISO.—The resolution of ratification ment and Reciprocal Protection of Invest- is subject to the following proviso, which ment, with Annex and protocol, signed at hand. (After a pause.) Those opposed shall not be included in the instrument of Washington on January 14, 1998 (Treaty Doc. will raise their hands. ratification to be signed by the President: 106–42), subject to the declaration of sub- With two-thirds of the Senators SUPREMACY OF THE CONSTITUTION.—Nothing section (a) and the proviso of subsection (b). present having voted in the affirma- in this Treaty requires or authorizes legisla- (a) DECLARATION.—The Senate’s advice and tive, the resolution of ratification is consent is subject to the following declara- tion or other action by the United States of agreed to. America that is prohibited by the Constitu- tion, which shall be binding upon the Presi- tion of the United States as interpreted by dent: INVESTMENT TREATY WITH the United States. TREATY INTERPRETATION.—The Senate af- UZBEKISTAN firms the applicability to all treaties of the The PRESIDING OFFICER. A divi- constitutionally based principles of treaty The resolution of ratification was sion has been requested. interpretation set forth in Condition (1) of read as follows: Senators in favor of the ratification the resolution of ratification of the INF Resolved, (two thirds of the Senators present of the treaty will please raise their Treaty, approved by the Senate on May 27, concurring therein), That the Senate advise hand. (After a pause.) Those opposed 1988, and Condition (8) of the resolution of and consent to the ratification of the Treaty will raise their hands and be counted. ratification of the Document Agreed Among Between the Government of the United the States Parties to the Treaty on Conven- States of America and the Government of With two-thirds of the Senators tional Armed Forces in Europe, approved by the Republic of Uzbekistan Concerning the present having voted in the affirma- the Senate on May 14, 1997. Encouragement and Reciprocal Protection of tive, the resolution of ratification is (b) PROVISO.—The resolution of ratification Investment, with Annex, signed at Wash- agreed to. is subject to the following proviso, which ington on December 16, 1994 (Treaty Doc. 104–

VerDate 02-OCT-2000 01:40 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.025 pfrm02 PsN: S18PT1 S10662 CONGRESSIONAL RECORD — SENATE October 18, 2000

25), subject to the declaration of subsection PROHIBITION ON ASSISTANCE TO THE INTER- PROHIBITION ON ASSISTANCE TO THE INTER- (a) and the proviso of subsection (b). NATIONAL CRIMINAL COURT.—The United NATIONAL CRIMINAL COURT.—The United (a) DECLARATION.—The Senate’s advice and States shall exercise its rights to limit the States shall exercise its rights to limit the consent is subject to the following declara- use of assistance it provides under the Trea- use of assistance it provides under the Trea- tion, which shall be binding upon the Presi- ty so that any assistance provided by the ty so that any assistance provided by the dent: Government of the United States shall not Government of the United States shall not TREATY INTERPRETATION.—The Senate af- be transferred to or otherwise used to assist be transferred to or otherwise used to assist firms the applicability to all treaties of the the International Criminal Court con- the International Criminal Court con- constitutionally based principles of treaty templated in the Statute adopted in Rome, templated in the Statute adopted in Rome, interpretation set forth in Condition (1) of Italy, on July 17, 1998, unless the Statute es- Italy, on July 17, 1998, unless the Statute es- the resolution of ratification of the INF tablishing the Court has entered into force tablishing that Court has entered into force Treaty, approved by the Senate on May 27, for the United States by and with the advice for the United States by and with the advice 1988, and Condition (8) of the resolution of and consent of the Senate, as required by Ar- and consent of the Senate, as required by Ar- ratification of the Document Agreed Among ticle II, section 2 of the United States Con- ticle II, section 2 of the United States Con- the States Parties to the Treaty on Conven- stitution. stitution. tional Armed Forces in Europe, approved by (b) DECLARATION.—The Senate’s advice and (b) DECLARATION.—The Senate’s advice and the Senate on May 14, 1997. consent is subject to the following declara- consent is subject to the following declara- (b) PROVISO.—The resolution of ratification tion, which shall be binding on the Presi- tion, which shall be binding on the Presi- is subject to the following proviso, which dent: dent: shall not be included in the instrument of TREATY INTERPRETATION.—The Senate af- TREATY INTERPRETATION.—The Senate af- ratification to be signed by the President: firms the applicability to all treaties of the firms the applicability of all treaties of the SUPREMACY OF THE CONSTITUTION.—Nothing constitutionally based principles of treaty constitutionally based principles of treaty in this Treaty requires or authorizes legisla- interpretation set forth in Condition (1) of interpretation set forth in Condition (1) of tion or other action by the United States of the resolution of ratification of the INF the resolution of ratification of the INF America that is prohibited by the Constitu- Treaty, approved by the Senate on May 27, Treaty, approved by the Senate on May 27, tion of the United States as interpreted by 1988, and Condition (8) of the resolution of 1988, and Condition (8) of the resolution of the United States. ratification of the Document Agreed Among ratification of the Document Agreed Among the States Parties to the Treaty on Conven- the States Parties to the Treaty on Conven- The PRESIDING OFFICER. A divi- tional Armed Forces in Europe, approved by tional Armed Forces in Europe, approved by sion has been requested. the Senate on May 14, 1997. the Senate on May 14, 1997. Senators in favor of the ratification (c) PROVISOS.—The resolution of ratifica- (c) PROVISOS.—The resolution of ratifica- of this treaty will please raise their tion is subject to the following provisos, tion is subject to the following provisos, hand. (After a pause.) Those opposed which shall not be included in the instru- which shall not be included in the instru- will raise their hands. ment of ratification to be signed by the ment of ratification to be signed by the With two-thirds of the Senators President: President: (1) LIMITATION ON ASSISTANCE.—Pursuant (1) LIMITATION ON ASSISTANCE.—Pursuant present having voted in the affirma- to the rights of the United States under this to the rights of the United States under this tive, the resolution of ratification is Treaty to deny requests which prejudice its Treaty to deny requests which prejudice its agreed to. essential public policy or interests, the essential public policy or interests, the PROTOCOL AMENDING INVEST- United States shall deny a request for assist- United States shall deny a request for assist- ance when the Central Authority, after con- MENT TREATY WITH PANAMA ance when the Central Authority, after con- sultation with all appropriate intelligence, sultation with all appropriate intelligence, The resolution of ratification was anti-narcotic, and foreign policy agencies, anti-narcotic, and foreign policy agencies, read as follows: has specific information that a senior gov- has specific information that a senior gov- ernment official who will have access to in- Resolved, (two thirds of the Senators present ernment official who will have access to in- formation to be provided under this Treaty concurring therein, That the Senate advise formation to be provided under this Treaty is engaged in a felony, including the facilita- and consent to the ratification of the Pro- is engaged in a felony, including the facilita- tion of the production of distribution of ille- tocol Between the Government of the United tion of the production or distribution of ille- gal drugs. States of America and the Government of gal drugs. (2) SUPREMACY OF THE CONSTITUTION.— (2) SUPREMACY OF THE CONSTITUTION.— the Republic of Panama Amending the Trea- Nothing in this Treaty requires or authorizes Nothing in this Treaty requires or authorizes ty Concerning the Treatment and Protection legislation or other action by the United legislation or other action by the United of Investments of October 27, 1982, signed at States of America that is prohibited by the States of America that is prohibited by the Panama City on June 1, 2000, (Treaty Doc. Constitution of the United States as inter- Constitution of the United States as inter- 106–46). preted by the United States. preted by the United States. The PRESIDING OFFICER. A divi- The PRESIDING OFFICER. A divi- The PRESIDING OFFICER. A divi- sion has been requested. sion has been requested. sion has been requested. Senators in favor of the ratification Senators in favor of the ratification Senators in favor of the ratification of this treaty will please raise their of this treaty will please raise their of this treaty will please raise their hand. (After a pause.) Those opposed hand. (After a pause.) Those opposed hand. (After a pause.) Those opposed will raise their hands. will raise their hands. will raise their hands. With two-thirds of the Senators With two-thirds of the Senators With two-thirds of the Senators present having voted in the affirma- present having voted in the affirma- present having voted in the affirma- tive, the resolution of ratification is tive, the resolution of ratification is tive, the resolution of ratification is agreed to. agreed to. agreed to. TREATY WITH CYPRUS ON MU- TREATY WITH EGYPT ON MUTUAL TREATY WITH FRANCE ON MU- TUAL LEGAL ASSISTANCE IN LEGAL ASSISTANCE IN CRIMI- TUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS NAL MATTERS CRIMINAL MATTERS The resolution of ratification was The resolution of ratification was The resolution of ratification was read as follows: read as follows: read as follows: Resolved, (two thirds of the Senators present Resolved, (two thirds of the Senators present Resolved, (two thirds of the Senators present concurring therein), That the Senate advise concurring therein), That the Senate advise concurring therein), That the Senate advise and consent to the ratification of the Treaty and consider to the ratification of the Treaty and consent to the ratification of the Treaty Between the Government of the United Between the Government of the United Between the Government of the United States of America and the Government of States of America and the Government of States of America and the Government of the Republic of Cyprus on Mutual Legal As- the Arab Republic of Egypt on Mutual Legal France on Mutual Legal Assistance in Crimi- sistance in Criminal Matters, signed at Assistance in Criminal Matters, signed at nal Matters, with an Explanatory Note, Nicosia on December 20, 1999 (Treaty Doc. Cairo on May 3, 1998 (Treaty Doc. 106–19), signed at Paris on December 10, 1998 (Treaty 106–35), subject to the understanding of sub- subject to the understanding of subsection Doc. 106–17), subject to the understanding of section (a), the declaration of subsection (b) (a), the declaration of subsection (b) and the subsection (a), the declaration of subsection and the provisos of subsection (c). provisos of subsection (c). (b) and the provisos of subsection (c). (a) UNDERSTANDING.—The Senate’s advice (a) UNDERSTANDING.—The Senate’s advice (a) UNDERSTANDING.—The Senate’s advice and consent is subject to the following un- and consent is subject to the following un- and consent is subject to the following un- derstanding, which shall be included in the derstanding, which shall be included in the derstanding, which shall be included in the instrument of ratification: instrument of ratification: instrument of ratification:

VerDate 02-OCT-2000 01:40 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.016 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10663

PROHIBITION ON ASSISTANCE TO THE INTER- PROHIBITION ON ASSISTANCE TO THE INTER- PROHIBITION ON ASSISTANCE TO THE INTER- NATIONAL CRIMINAL COURT.—The United NATIONAL CRIMINAL COURT.—The United NATIONAL CRIMINAL COURT.—The United States shall exercise its rights to limit the States shall exercise its rights to limit the States shall exercise its rights to limit the use of assistance it provides under the Trea- use of assistance it provides under the Trea- use of assistance it provides under the Trea- ty so that any assistance provided by the ty so that any assistance provided by the ty so that any assistance provided by the Government of the United States shall not Government of the United States shall not Government of the United States shall not be transferred to or otherwise used to assist be transferred to or otherwise used to assist be transferred to or otherwise used to assist the International Criminal Court con- the International Criminal Court con- the International Criminal Court con- templated in the Statute adopted in Rome, templated in the Statute adopted in Rome, templated in the Statute adopted in Rome, Italy, on July 17, 1998, unless the Statute es- Italy, on July 17, 1998, unless the Statute es- Italy, on July 17, 1998, unless the Statute es- tablishing that Court has entered into force tablishing that Court has entered into force tablishing that Court has entered into force for the United States by and with the advice for the United States by and with the advice for the United States by and with the advice and consent of the Senate, as required by Ar- and consent of the Senate, as required by Ar- and consent of the Senate, as required by Ar- ticle II, section 2 of the United States Con- ticle II, section 2 of the United States Con- ticle II, section 2 of the United States Con- stitution. stitution. stitution. (b) DECLARATION.—The Senate’s advice and (b) DECLARATION.—The Senate’s advice and (b) DECLARATION.—The Senate’s advice and consent is subject to the following declara- consent is subject to the following declara- consent is subject to the following declara- tion, which shall be binding on the Presi- tion, which shall be binding on the Presi- tion, which shall be binding on the Presi- dent: dent: dent: TREATY INTERPRETATION.—The Senate af- TREATY INTERPRETATION.—The Senate af- TREATY INTERPRETATION.—The Senate af- firms the applicability to all treaties of the firms the applicability to all treaties of the firms the applicability to all treaties of the constitutionally based principles of treaty constitutionally based principles of treaty constitutionally based principles of treaty interpretation set forth in Condition (1) of interpretation set forth in Condition (1) of interpretation set forth in Condition (1) of the resolution of ratification of the INF the resolution of ratification of the INF the resolution of ratification of the INF Treaty, approved by the Senate on May 27, Treaty, approved by the Senate on May 27, Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of 1988, and Condition (8) of the resolution of 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among ratification of the Document Agreed Among ratification of the Document Agreed Among the States Parties to the Treaty on Conven- the States Parties to the Treaty on Conven- the States Parties to the Treaty on Conven- tional Armed Forces in Europe, approved by tional Armed Forces in Europe, approved by tional Armed Forces in Europe, approved by the Senate on May 14, 1997. the Senate on may 14, 1997. the Senate on May 14, 1997. (c) PROVISOS.—The resolution of ratifica- (c) PROVISOS.—The resolution of ratifica- (c) PROVISOS.—The resolution of ratifica- tion is subject to the following provisos, tion is subject to the following provisos, tion is subject to the following provisos, which shall not be included in the instru- which shall not be included in the instru- which shall not be included in the instru- ment of ratification to be signed by the ment of ratification to be signed by the ment of ratification to be signed by the President: President: President: (1) LIMITATION ON ASSISTANCE.—Pursuant (1) LIMITATION ON ASSISTANCE.—Pursuant (1) LIMITATION ON ASSISTANCE.—Pursuant to the rights of the United States under this to the rights of the United States under this to the rights of the United States under this Treaty to deny requests which prejudice its Treaty to deny requests which prejudice its Treaty to deny requests which prejudice its essential public policy or interests, the essential public policy or interests, the essential public policy or interests, the United States shall deny a request for assist- United States shall deny a request for assist- United States shall deny a request for assist- ance when the Central Authority, after con- ance when the Central Authority, after con- ance when the Central Authority, after con- sultation with all appropriate intelligence, sultation with all appropriate intelligence, sultation with all appropriate intelligence, anti-narcotic, and foreign policy agencies, anti-narcotic, and foreign policy agencies, anti-narcotic, and foreign policy agencies, has specific information that a senior gov- has specific information that a senior gov- has specific information that a senior gov- ernment official who will have access to in- ernment official who will have access to in- ernment official who will have access to in- formation to be provided under this Treaty formation to be provided under this Treaty formation to be provided under this Treaty is engaged in a felony, including the facilita- is engaged in a felony, including the facilita- is engaged in a felony, including the facilita- tion of the production or distribution of ille- tion of the production or distribution of ille- tion of the production or distribution of ille- gal drugs. gal drugs. gal drugs. (2) SUPREMACY OF THE CONSTITUTION.— (2) SUPREMACY OF THE CONSTITUTION.— (2) SUPREMACY OF THE CONSTITUTION.— Nothing in this Treaty requires or authorizes Nothing in this Treaty requires or authorizes Nothing in this Treaty requires or authorizes legislation or other action by the United legislation or other action by the United legislation or other action by the United States of America that is prohibited by the Stated of America that is prohibited by the States of America that is prohibited by the Constitution of the United States as inter- Constitution of the United States as inter- Constitution of the United States as inter- preted by the United States. preted by the United States. preted by the United States. The PRESIDING OFFICER. A divi- The PRESIDING OFFICER. A divi- The PRESIDING OFFICER. A divi- sion has been requested. sion has been requested. sion has been requested. Senators in favor of the ratification Senators in favor of the ratification Senators in favor of the ratification of this treaty will please raise their of this treaty will please raise their of this treaty will please raise their hand. (After a pause.) Those opposed hand. (After a pause.) Those opposed hand. (After a pause.) Those opposed will raise their hands. will raise their hands. will raise their hands. With two-thirds of the Senators With two-thirds of the Senators With two-thirds of the Senators present having voted in the affirma- present having voted in the affirma- present having voted in the affirma- tive, the resolution of ratification is tive, the resolution of ratification is tive, the resolution of ratification is agreed to. agreed to. agreed to. TREATY WITH GREECE ON MU- TREATY WITH NIGERIA ON MU- TREATY WITH ROMANIA ON MU- TUAL LEGAL ASSISTANCE IN TUAL LEGAL ASSISTANCE IN TUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS CRIMINAL MATTERS CRIMINAL MATTERS The resolution of ratification was The resolution of ratification was The resolution of ratification was read as follows: read as follows: read as follows: Resolved, (two thirds of the Senators present Resolved, (two thirds of the Senators present Resolved, (two-thirds of the Senators present concurring therein), That the Senate advise concurring therein), That the Senate advise concurring therein), That the Senate advise and consent to the ratification of the Treaty and consent to the ratification of the Treaty and consent to the ratification of the Treaty Between the Government of the United Between the Government of the United Between the Government of the United States of America and the Government of States of America and the Federal Republic States of America and the Government of the Hellenic Republic on Mutual Legal As- of Nigeria on Mutual Legal Assistance in Romania on Mutual Legal Assistance in sistance in Criminal Matters, signed at Criminal Matters, signed at Washington on Criminal Matters, signed at Washington on Washington on May 25, 1999 (Treaty Doc. 106– September 13, 1989 (Treaty Doc. 102–26), sub- May 26, 1999 (Treaty Doc. 106–20), subject to 18), subject to the understanding of sub- ject to the understanding of subsection (a), the understanding of subsection (a), the dec- section (a), the declaration of subsection (b) the declaration of subsection (b) and the pro- laration of subsection (b) and the provisos of and the provisos of subsection (c). visos of subsection (c). subsection (c). (a) UNDERSTANDING.—The Senate’s advice (a) UNDERSTANDING.—The Senator’s advice (a) UNDERSTANDING.—The Senate’s advice and consent is subject to the following un- and consent is subject to the following un- and consent is subject to the following un- derstanding, which shall be included in the derstanding, which shall be included in the derstanding, which shall be included in the instrument of ratification: instrument of ratification: instrument of ratification:

VerDate 02-OCT-2000 01:40 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.020 pfrm02 PsN: S18PT1 S10664 CONGRESSIONAL RECORD — SENATE October 18, 2000

PROHIBITION ON ASSISTANCE TO THE INTER- PROHIBITION ON ASSISTANCE TO THE INTER- PROHIBITION ON ASSISTANCE TO THE INTER- NATIONAL CRIMINAL COURT.—The United NATIONAL CRIMINAL COURT.—The United NATIONAL CRIMINAL COURT.—The United States shall exercise its rights to limit the States shall exercise its rights to limit the States shall exercise its rights to limit the use of assistance it provides under the Trea- use of assistance it provides under the Trea- use of assistance it provides under the Trea- ty so that any assistance provided by the ty so that any assistance provided by the ty so that any assistance provided by the Government of the United States shall not Government of the United States shall not Government of the United States shall not be transferred to or otherwise used to assist be transferred to or otherwise used to assist be transferred to or otherwise used to assist the International Criminal Court con- the International Criminal Court con- the International Criminal Court con- templated in the Statute adopted in Rome, templated in the Statute adopted in Rome, templated in the Statute adopted in Rome, Italy, on July 17, 1998, unless the Statute es- Italy, on July 17, 1998, unless the Statute es- Italy, on July 17, 1998, unless the Statute es- tablishing that Court has entered into force tablishing that Court has entered into force tablishing that Court has entered into force for the United States by and with the advice for the United States by and with the advice for the United States by and with the advice and consent of the Senate, as required by Ar- and consent of the Senate, as required by Ar- and consent of the Senate, as required by Ar- ticle II, section 2 of the United States Con- ticle II, section 2 of the United States Con- ticle II, section 2 of the United States Con- stitution. stitution. stitution. (b) DECLARATION.—The Senate’s advice and (b) DECLARATION.—The Senate’s advice and (b) DECLARATION.—The Senate’s advice and consent is subject to the following declara- consent is subject to the following declara- consent is subject to the following declara- tion, which shall be binding on the Presi- tion, which shall be binding on the Presi- tion, which shall be binding on the Presi- dent: dent: dent: TREATY INTERPRETATION.—The Senate af- TREATY INTERPRETATION.—The Senate af- TREATY INTERPRETATION.—The Senate af- firms the applicability to all treaties of the firms the applicability to all treaties of the firms the applicability to all treaties of the constitutionally based principles of treaty constitutionally based principles of treaty constitutionally based principles of treaty interpretation set forth in Condition (1) of interpretation set forth in Condition (1) of interpretation set forth in Condition (1) of the resolution of ratification of the INF the resolution of ratification of the INF the resolution of ratification of the INF Treaty, approved by the Senate on May 27, Treaty, approved by the Senate on May 27, Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of 1988, and Condition (8) of the resolution of 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among ratification of the Document Agreed Among ratification of the Document Agreed Among the States Parties to the Treaty on Conven- the States Parties to the Treaty on Conven- the States Parties to the Treaty on Conven- tional Armed Forces in Europe, approved by tional Armed Forces in Europe, approved by tional Armed Forces in Europe, approved by the Senate on May 14, 1997. the Senate on May 14, 1997. the Senate on May 14, 1997. (c) PROVISOS.—The resolution of ratifica- (c) PROVISOS.—The resolution of ratifica- (c) PROVISOS.—The resolution of ratifica- tion is subject to the following provisos, tion is subject to the following provisos, tion is subject to the following provisos, which shall not be included in the instru- which shall not be included in the instru- which shall not be included in the instru- ment of ratification to be signed by the ment of ratification to be signed by the ment of ratification to be signed by the President: President: President: (1) LIMITATION ON ASSISTANCE.—Pursuant (1) LIMITATION ON ASSISTANCE.—Pursuant (1) LIMITATION ON ASSISTANCE.—Pursuant to the rights of the United States under this to the rights of the United States under this to the rights of the United States under this Treaty to deny requests which prejudice its Treaty to deny requests which prejudice its Treaty to deny requests which prejudice its essential public policy or interests, the essential public policy or interests, the essential public policy or interests, the United States shall deny a request for assist- United States shall deny a request for assist- United States shall deny a request for assist- ance when the Central Authorities, after ance when the Central Authority, after con- ance when the Central Authority, after con- consultation with all appropriate intel- sultation with all appropriate intelligence, sultation with all appropriate intelligence, ligence, anti-narcotic, and foreign policy anti-narcotic, and foreign policy agencies, anti-narcotic, and foreign policy agencies, agencies, has specific information that a sen- has specific information that a senior gov- has specific information that a senior gov- ior government official who will have access ernment official who will have access to in- ernment official who will have access to in- to information to be provided under this formation to be provided under this Treaty formation to be provided under this Treaty Treaty is engaged in a felony, including the is engaged in a felony, including the facilita- is engaged in a felony, including the facilita- facilitation of the production or distribution tion of the production or distribution of ille- tion of the production or distribution of ille- of illegal drugs. gal drugs. gal drugs. (2) SUPREMACY OF THE CONSTITUTION.— (2) SUPREMACY OF THE CONSTITUTION.— (2) SUPREMACY OF THE CONSTITUTION.— Nothing in this Treaty requires or authorizes Nothing in this Treaty requires or authorizes Nothing in this Treaty requires or authorizes legislation or other action by the United legislation or other action by the United legislation or other action by the United States of America that is prohibited by the States of America that is prohibited by the States of America that is prohibited by the Constitution of the United States as inter- Constitution of the United States as inter- Constitution of the United States as inter- preted by the United States. preted by the United States. preted by the United States. The PRESIDING OFFICER. A divi- The PRESIDING OFFICER. A divi- The PRESIDING OFFICER. A divi- sion has been requested. sion has been requested. sion has been requested. Senators in favor of the ratification Senators in favor of the ratification Senators in favor of the ratification of this treaty will please raise their of this treaty, please raise their hand. of this treaty, please raise their hand. hand. (After a pause.) Those opposed (After a pause.) Those opposed will (After a pause.) Those opposed will will raise their hands. raise their hands. With two-thirds of the Senators raise their hands. With two-thirds of the Senators present having voted in the affirma- With two-thirds of the Senators present having voted in the affirma- tive, the resolution of ratification is present having voted in the affirma- tive, the resolution of ratification is agreed to. tive, the resolution of ratification is agreed to. agreed to. TREATY WITH SOUTH AFRICA ON INTER-AMERICAN CONVENTION ON MUTUAL LEGAL ASSISTANCE IN TREATY WITH UKRAINE ON MU- MUTUAL ASSISTANCE IN CRIMI- CRIMINAL MATTERS TUAL LEGAL ASSISTANCE IN NAL MATTERS WITH RELATED CRIMINAL MATTERS The resolution of ratification was OPTIONAL PROTOCOL read as follows: The resolution of ratification was The resolution of ratification was Resolved, (two thirds of the Senators present read as follows: read as follows: concurring therein), That the Senate advise Resolved, (two thirds of the Senators present Resolved, (two thirds of the Senators present and consent to the ratification of the Treaty concurring therein), That the Senate advise concurring therein), That the Senate advise Between the Government of the United and consent to the ratification of the Treaty and consent to the ratification of the Inter- States of America and the Government of Between the Government of the United American Convention on Mutual Assistance the Republic of South Africa on Mutual States of America and Ukraine on Mutual in Criminal Matters (‘‘the Convention’’), Legal Assistance in Criminal Matters, signed Legal Assistance in Criminal Matters, signed adopted at the Twenty-Second Regular Ses- at Washington on September 16, 1999 (Treaty at Kiev on July 22, 1998 (Treaty Doc. 106–16), sion of the Organization of American States Doc. 106–36), subject to the understanding of subject to the understanding of subsection (‘‘OAS’’) General Assembly meeting in Nas- subsection (a), the declaration of subsection (a), the declaration of subsection (b) and the sau, The Bahamas, on May 23, 1992, and the (b) and the provisos of subsection (c). provisos of subsection (c). Optional Protocol Related to the Inter- (a) UNDERSTANDING.—The Senate’s advice (a) UNDERSTANDING.—The Senate’s advice American Convention on Mutual Assistance and consent is subject to the following un- and consent is subject to the following un- in Criminal Matters (‘‘the Optional Pro- derstanding, which shall be included in the derstanding, which shall be included in the tocol’’), adopted at the Twenty-Third Reg- instrument of ratification: instrument of ratification: ular Session of the OAS General Assembly

VerDate 02-OCT-2000 01:40 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.004 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10665 meeting in Managua, Nicaragua, on June 11, Resolved, (two thirds of the Senators present 1988, and Condition (8) of the resolution of 1993, both instruments signed on behalf of concurring therein), That the Senate advise ratification of the Document Agreed Among the United States at OAS Headquarters in and consent to the ratification of the United the State Parties to the Treaty on Conven- Washington on January 10, 1995 (Treaty Doc. States Convention to Combat Desertification tional Armed Forces in Europe, approved by 105–25), subject to the understandings of sub- in Those Countries Experiencing Serious the Senate on May 14, 1997. section (a), the declaration of subsection (b) Drought and/or Desertification, Particularly (3) ADOPTION OF NO RESERVATION PROVI- and the proviso of subsection (c). in Africa, With Annexes, adopted at Paris, SION.—It is the sense of the Senate that the (a) UNDERSTANDINGS.—The Senate’s advice June 17, 1994, and signed by the United ‘‘no reservations’’ provision contained in Ar- and consent is subject to the following un- States on October 14, 1994, (Treaty Doc. 104– ticle 37 of the Convention has the effect of derstanding, which shall be included in the 29) (hereinafter, ‘‘The Convention’’), subject inhibiting the Senate in its exercise of its instrument of ratification: to the understandings of subsection (a), the constitutional duty to give advice and con- (1) IN GENERAL.—The United States under- declarations of subsection (b) and the pro- sent to ratification of a treaty, and that the stands that the Convention and Optional visos of subsection (c). Senate’s approval of the Convention should Protocol are not intended to replace, super- (a) UNDERSTANDINGS.—The advice and con- not be construed as a precedent for acquies- sede, obviate or otherwise interfere with any sent of the Senate is subject to the following cence to future treaties containing such pro- other existing bilateral or multilateral trea- understandings, which shall be included in visions. ties or conventions, including those that re- the instrument of ratification of the Conven- (c) PROVISOS.—The advice and consent of late to mutual assistance in criminal mat- tion and shall be binding on the President: the Senate is subject to the following pro- ters. (1) FOREIGN ASSISTANCE.—The United visos: (2) ARTICLE 25.—The United States under- States understands that, as a ‘‘developed (1) REPORT TO CONGRESS.—Two years after stands that Article 25 of the Convention, country,’’ pursuant to Article 6 of the Con- the date the Convention enters into force for which limits disclosure or use of information vention and its Annexes, it is not obligated the United States, and biennially thereafter, or evidence obtained under the Convention, to satisfy specific funding requirements or the Secretary of State shall provide a report shall no longer apply if such information or other specific requirements regarding the to the Committee on Foreign Relations of evidence is made public, in a manner con- provision of any resource, including tech- the Senate setting forth the following: sistent with Article 25, in the course of pro- nology, to any ‘‘affected country,’’ as defined (i) a description of the programs in each af- ceedings in the Requesting State. in Article 1 of the Convention. The United fected country party designed to implement (3) PROHIBITION ON ASSISTANCE TO THE States understands that ratification of the the Convention, including a list of commu- INTERNATIONAL CRIMINAL COURT.—The United Convention does not alter its domestic legal nity-based non-governmental organizations States shall exercise its rights to limit the processes to determine foreign assistance involved, a list of amounts of funding pro- use of assistance it may provide under the funding or programs. vided by the national government and each Convention and/or Optional Protocol so that (2) FINANCIAL RESOURCES AND MECHANISM.— international donor country, and the pro- any assistance provided by the Government The United States understands that neither jected date for full implementation of the of the United States shall not be transferred Article 20 nor Article 21 of the Convention national action program; to or otherwise used to assist the Inter- impose obligations to provide specific levels (ii) an assessment of the adequacy of each national Criminal Court contemplated in the of funding for the Global Environmental Fa- national action program (including the time- Statute adopted in Rome, Italy, on July 17, cility, or the Global Mechanism, to carry out liness of program submittal), the degree to 1998, unless the Statute establishing that the objectives of the Convention, or for any which the plan attempts to fully implement Court has entered into force for the United other purpose. the Convention, the degree of involvements States by and with the advice and consent of (3) UNITED STATES LAND MANAGEMENT.—The by all levels of government in implementa- the Senate, as required by Article II, section United States understands that it is a ‘‘de- tion of the Convention, and the percentage of 2 of the United States Constitution. veloped country party’’ as defined in Article government revenues expended on implemen- (b) DECLARATION.—The Senate’s advice and 1 of the Convention, and that it is not re- tation of the Convention; consent is subject to the following declara- quired to prepare a national action program (iii) a list of United States persons des- tion, which shall be binding upon the Presi- pursuant to Part III, Section 1, of the Con- ignated as independent experts pursuant to dent: vention. The United States also understands Article 24 of the Convention, and a descrip- TREATY INTERPRETATION.—The Senate af- that no changes to its existing land manage- tion of the process for mailing such designa- firms the applicability to all treaties of the ment practices and programs will be re- tions; constitutionally based principles of treaty quired to meet its obligations under Articles (iv) an identification of the specific bene- interpretation set forth in Condition (1) of 4 or 5 of the Convention. fits to the United States, as well as United the resolution of ratification of the INF (4) LEGAL PROCESS FOR AMENDING THE CON- States persons, (including United States ex- Treaty, approved by the Senate on May 27, VENTION.—In accordance with Article 34(4), porters and other commercial enterprises), 1988, and Condition (8) of the resolution of any additional regional implementation resulting from United States participation in ratification of the Document Agreed Among annex to the Convention or any amendment the Convention; the States Parties to the Treaty on Conven- to any regional implementation annex to the (v) a detailed description of the staffing tional Armed Forces in Europe, approved by Convention shall enter into force for the levels and budget of the Permanent Secre- the Senate on May 14, 1997. United States only upon the deposit of a cor- tariat established pursuant to Article 23; (c) PROVISO.—The resolution of ratification responding instrument of ratification, ac- (vi) a breakdown of all direct and indirect is subject to the following proviso, which ceptance, approval or accession. United States contributions to the Perma- shall not be included in the instrument of (5) DISPUTE SETTLEMENT.—The United nent Secretariat, and a statement of the ratification to be signed by the President: States declines to accept as compulsory ei- number of United States citizens who are SUPREMACY OF THE CONSTITUTION.—Nothing ther of the dispute settlement means set out staff members or contract employees of the in this Convention or the Optional Protocol in Article 28(2), and understands that it will Permanent Secretariat; requires or authorizes legislation or other not be bound by the outcome, findings, con- (vii) a list of affected party countries that action by the United States of America that clusions or recommendations of a concilia- have become developed countries, within the is prohibited by the Constitution of the tion process initiated under Article 28(6). For meaning of the Convention; and United States as interpreted by the United any dispute arising from this Convention, (viii) for each affected party country, a dis- States. the United States does not recognize or ac- cussion of results (including discussion of specific successes and failures) flowing from The PRESIDING OFFICER. A divi- cept the jurisdiction of the International Court of Justice. national action plans generated under the sion has been requested. Convention. Senators in favor of the ratification (b) DECLARATIONS.—The Senate’s advice and consent is subject to the following dec- (2) SUPREMACY OF THE CONSTITUTION.— of this treaty, please raise their hand. larations, which shall be binding on the Nothing in the Convention requires or au- (After a pause.) Those opposed will President: thorizes legislation or other action by the raise their hands. (1) CONSULTATIONS.—It is the sense of the United States of America that is prohibited With two-thirds of the Senators Senate that the Executive Branch should by the Constitution of the United States as present having voted in the affirma- consult with the Committee on Foreign Re- interpreted by the United States. tive, the resolution of ratification is lations of the Senate about the possibility of The PRESIDING OFFICER. A divi- agreed to. United States participation in future nego- sion has been requested. tiations concerning this Convention, and in Senators in favor of the ratification UNITED NATIONS CONVENTION TO particular, negotiation of any Protocols to of this treaty, please raise their hand. COMBAT DESERTIFICATION IN this Convention. (After a pause.) Those opposed will COUNTRIES EXPERIENCING (2) TREATY INTERPRETATION.—The Senate affirms the applicability to all treaties of raise their hands. DROUGHT, PARTICULARLY IN With two-thirds of the Senators AFRICA, WITH ANNEXES the constitutionally based principles of trea- ty interpretation set forth in Condition (1) of present having voted in the affirma- The resolution of ratification was the resolution of ratification of the INF tive, the resolution of ratification is read as follows: Treaty, approved by the Senate on May 27, agreed to.

VerDate 02-OCT-2000 02:03 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.032 pfrm02 PsN: S18PT1 S10666 CONGRESSIONAL RECORD — SENATE October 18, 2000 EXTRADITION TREATY WITH Doc. 106–4), subject to the understanding of tained in Article 18 concerning the Rule of BELIZE subsection (a), the declaration of subsection Specialty would preclude the resurrender of (b) and the proviso of subsection (c). any person extradited to the Republic of The resolution of ratification was (a) UNDERSTANDING.—The Senate’s advice South Africa from the United States to the read as follows: and consent is subject to the following un- International Criminal Court contemplated Resolved, (two thirds of the Senators present derstanding, which shall be included in the in the Statute adopted in Rome, Italy, on concurring therein), That the Senate advise instrument of ratification: July 17, 1998, unless the United States con- and consent to the ratification of the Extra- PROHIBITION OF EXTRADITION TO THE INTER- sents to such resurrender; and the United dition Treaty between the Government of NATIONAL CRIMINAL COURT.—The United States shall not consent to the transfer of the United States of America and the Gov- States understands that the protections con- any person extradited to the Republic of ernment of Belize, signed at Belize on March tained in Article XV concerning the Rule of South Africa by the United States to said 30, 2000 (Treaty Doc. 106–38), subject to the Specialty would preclude the resurrender of International Criminal Court unless the understanding of subsection (a), the declara- any person extradited to the Republic of Statute establishing that Court has entered tion of subsection (b) and the proviso of sub- Paraguay from the United States to the into force for the United States by and with section (c). International Criminal Court contemplated the advice and consent of the Senate, as re- (a) UNDERSTANDING.—The Senate’s advice in the Statute adopted in Rome, Italy, on quired by Article II, section 2 of the United and consent is subject to the following un- July 17, 1998, unless the United States con- States Constitution. derstanding, which shall be included in the sents to such surrender; and the United (b) DECLARATION.—The Senate’s advice and instrument of ratification: States shall not consent to the transfer of consent is subject to the following declara- PROHIBITION OF EXTRADITION TO THE INTER- any person extradited to the Republic of tion, which shall be binding on the Presi- NATIONAL CRIMINAL COURT.—The United Paraguay by the United States to said Inter- dent: States understands that the protections con- national Criminal Court unless the Statute TREATY INTERPRETATION.—The Senate af- tained in Article 14 concerning the Rule of establishing that Court has entered into firms the applicability to all treaties of the Specialty would preclude the resurrender of force for the United States by and with the constitutionally based principles of treaty any person extradited to Belize from the advice and consent of the Senate, as required interpretation set forth in Condition (1) of United States to the International Criminal by Article II, section 2 of the United States the resolution of ratification of the INF Court contemplated in the Statute adopted Constitution. Treaty, approved by the Senate on May 27, in Rome, Italy, on July 17, 1998, unless the (b) DECLARATION.—The Senate’s advice and 1988, and Condition (8) of the resolution of United States consents to such resurrender; consent is subject to the following declara- ratification of the Document Agreed Among and the United States shall not consent to tion, which shall be binding on the Presi- the States Parties to the Treaty on Conven- the transfer of any person extradited to dent: tional Armed Forces in Europe, approved by Belize by the United States to said Inter- TREATY INTERPRETATION.—The Senate af- the Senate on May 14, 1997. national Criminal Court unless the Statute firms the applicability to all treaties of the (c) PROVISO.—The resolution of ratification establishing that Court has entered into constitutionally based principles of treaty is subject to the following proviso, which force for the United States by and with the interpretation set forth in Condition (1) of shall not be included in the instrument of advice and consent of the Senate, as required the resolution of ratification of the INF ratification to be signed by the President: Treaty, approved by the Senate on May 27, by Article II, section 2 of the United States SUPREMACY OF THE CONSTITUTION.—Nothing 1988, and Condition (8) of the resolution of Constitution. in this Treaty requires or authorizes legisla- ratification of the Document Agreed Among (b) DECLARATION.—The Senate’s advice and tion or other action by the United States of the States Parties to the Treaty on Conven- consent is subject to the following declara- America that is prohibited by the Constitu- tional Armed Forces in Europe, approved by tion, which shall be binding on the Presi- tion of the United States as interpreted by the Senate on May 14, 1997. dent: the United States. TREATY INTERPRETATION.—The Senate af- (c) PROVISO.—The resolution of ratification firms the applicability to all treaties of the is subject to the following proviso, which The PRESIDING OFFICER. A divi- constitutionally based principles of treaty shall not be included in the instrument of sion has been requested. interpretation set forth in Condition (1) of ratification to be signed by the President: Senators in favor of the ratification the resolution of ratification of the INF SUPREMACY OF THE CONSTITUTION.—Nothing of this treaty, please raise their hand. in this Treaty requires or authorizes legisla- Treaty, approved by the Senate on May 27, (After a pause.) Those opposed will 1988, and Condition (8) of the resolution of tion or other action by the United States of ratification of the Document Agreed Among America that is prohibited by the Constitu- raise their hands. the States Parties to the Treaty on Conven- tion of the United States as interpreted by With two-thirds of the Senators tional Armed Forces in Europe, approved by the United States. present having voted in the affirma- the Senate on May 14, 1997. The PRESIDING OFFICER. A divi- tive, the resolution of ratification is (c) PROVISO.—The resolution of ratification sion has been requested. agreed to. is subject to the following proviso, which Senators in favor of the ratification shall not be included in the instrument of ratification to be signed by the President: of this treaty, please raise their hand. EXTRADITION TREATY WITH SRI SUPREMACY OF THE CONSTITUTION.—Nothing (After a pause.) Those opposed will LANKA raise their hands. in this Treaty requires or authorizes legisla- The resolution of ratification was tion or other action by the United States of With two-thirds of the Senators read as follows: America that is prohibited by the Constitu- present having voted in the affirma- tion of the United States as interpreted by tive, the resolution of ratification is Resolved, (two thirds of the Senators present the United States. agreed to. concurring therein), That the Senate advise The PRESIDING OFFICER. A divi- and consent to the ratification of the Extra- dition Treaty between the Government of sion has been requested. EXTRADITION TREATY WITH SOUTH AFRICA the United States of America and the Gov- Senators in favor of the ratification ernment of the Democratic Socialist Repub- of this treaty, please raise their hand. The resolution of ratification was lic of Sri Lanka, signed at Washington on (After a pause.) Those opposed will read as follows: September 30, 1999 (Treaty Doc. 106–34), sub- raise their hands. Resolved, (two thirds of the Senators present ject to the understanding of subsection (a), With two-thirds of the Senators concurring therein), That the Senate advise the declaration of subsection (b) and the pro- present having voted in the affirma- and consent to the ratification of the Extra- viso of subsection (c). tive, the resolution of ratification is dition Treaty between the Government of (a) UNDERSTANDING.—The Senate’s advice agreed to. the United States of America and the Gov- and consent is subject to the following un- ernment of the Republic of South Africa, derstanding, which shall be included in the EXTRADITION TREATY WITH signed at Washington on September 16, 1999 instrument of ratification: PARAGUAY (Treaty Doc. 106–24), subject to the under- PROHIBITION OF EXTRADITION TO THE INTER- standing of subsection (a), the declaration of NATIONAL CRIMINAL COURT.—The United The resolution of ratification was subsection (b) and the proviso of subsection States understands that the protections con- read as follows: (c). tained in Article 16 concerning the Rule of Resolved, (two thirds of the Senators present (a) UNDERSTANDING.—The Senate’s advice Specialty would preclude the resurrender of concurring therein), That the Senate advise and consent is subject to the following un- any person extradited to the Democratic So- and consent to the ratification of the Extra- derstanding, which shall be included in the cialist Republic of Sri Lanka from the dition Treaty between the Government of instrument of ratification: United States to the International Criminal the United States of America and the Gov- PROHIBITION OF EXTRADITION TO THE INTER- Court contemplated in the Statute adopted ernment of the Republic of Paraguay, signed NATIONAL CRIMINAL COURT.—The United in Rome, Italy, on July 17, 1998, unless the at Washington on November 9, 1998 (Treaty States understands that the protections con- United States consents to such resurrender;

VerDate 02-OCT-2000 02:03 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.068 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10667 and the United States shall not consent to (3) ARTICLE XX (‘‘TECHNICAL ASSISTANCE’’).— Mr. ALLARD. Mr. President, I ask the transfer of any person extradited to the The United States understands that the pro- unanimous consent to speak in morn- Democratic Socialist Republic of Sri Lanka visions of Article XX entail no binding obli- ing business for 15 minutes for the pur- by the United States to said International gation to appropriate funds for technical as- pose of introducing legislation. Criminal Court unless the Statute estab- sistance. The PRESIDING OFFICER. Without lishing that Court has entered into force for (b) DECLARATION.—The advice and consent the United States by and with the advice and of the Senate is subject to the following dec- objection, it is so ordered. consent of the Senate, as required by Article laration: Mr. ALLARD. I thank the Chair. II, section 2 of the United States Constitu- TREATY INTERPRETATION.—The Senate af- (The remarks of Mr. ALLARD per- tion. firms the applicability to all treaties of the taining to the introduction of S. 3213 (b) DECLARATION.—The Senate’s advice and constitutionally based principles of treaty are located in today’s RECORD under consent is subject to the following declara- interpretation set forth in Condition (1) of ‘‘Statements on Introduced Bills and tion, which shall be binding on the Presi- the resolution of ratification of the INF Joint Resolutions.’’) Treaty, approved by the Senate on May 27, dent: Mr. ALLARD. Mr. President, I yield TREATY INTERPRETATION.—The Senate af- 1988, and Condition (8) of the resolution of firms the applicability to all treaties of the ratification of the Document Agreed Among back the remainder of my time and constitutionally based principles of treaty the State Parties to the Treaty on Conven- suggest the absence of a quorum. interpretation set forth in Condition (1) of tional Armed Forces in Europe, approved by The PRESIDING OFFICER (Mr. the resolution of ratification of the INF the Senate on May 14, 1997. CRAPO). The clerk will call the roll. Treaty, approved by the Senate on May 27, (c) PROVISOS.—The advice and consent of The assistant legislative clerk pro- 1988, and Condition (8) of the resolution of the Senate is subject to the following pro- ceeded to call the roll. ratification of the Document Agreed Among visos: Mr. BRYAN. Mr. President, I ask the States Parties to the Treaty on Conven- (1) REPORT TO CONGRESS.—One year after unanimous consent that the order for tional Armed Forces in Europe, approved by the date the amended Convention enters into the Senate on May 14, 1997. force for the United States, and annually the quorum call be rescinded. (c) PROVISO.—The resolution of ratification thereafter for five years, the Secretary of The PRESIDING OFFICER. Without is subject to the following proviso, which Agriculture, in consultation with the Sec- objection, it is so ordered. shall not be included in the instrument of retary of State, shall provide a report on Mr. BRYAN. Mr. President, may I in- ratification to be signed by the President: Convention implementation to the Com- quire as to whether it would be appro- SUPREMACY OF THE CONSTITUTION.—Nothing mittee on Foreign Relations of the Senate priate at this point to request to speak in this Treaty requires or authorizes legisla- setting forth at least the following: as in morning business for a period of tion or other action by the United States of (A) a discussion of the sanitary or time not to exceed 8 minutes. phytosanitary standard-setting activities of America that is prohibited by the Constitu- The PRESIDING OFFICER. That tion of the United States as interpreted by the IPPC during the previous year; the United States. (B) a discussion of the sanitary or would be appropriate. Mr. BRYAN. I make that request. The PRESIDING OFFICER. A divi- phytosanitary standards under consideration or planned for consideration by the IPPC in The PRESIDING OFFICER. Without sion has been requested. the coming year; objection, it is so ordered. Senators in favor of the ratification (C) information about the budget of the of this treaty, please raise their hand. IPPC in the previous fiscal year; and (After a pause.) Those opposed will (D) a list of countries which have ratified REFORM OF MEDICARE raise their hands. or accepted the amended Convention, includ- Mr. BRYAN. Mr. President, I am now With two-thirds of the Senators ing dates and related particulars. in my last days of serving the people of (2) SUPREMACY OF THE CONSTITUTION.— present having voted in the affirma- the State of Nevada as a U.S. Senator. tive, the resolution of ratification is Nothing in the amended Convention requires or authorizes legislation or other action by It is a role in which I am proud and agreed to. the United States of America that is prohib- privileged to have had an opportunity INTERNATIONAL PLANT ited by the Constitution of the United States to serve. I am also very proud of the PROTECTION CONVENTION as interpreted by the United States. opportunity I have had to serve as a The PRESIDING OFFICER. A divi- member of the Finance Committee, the The resolution of ratification was sion has been requested. committee with jurisdiction over the read as follows: Senators in favor of the ratification Medicare program. Resolved, (two thirds of the Senators present of this treaty, please raise their hand. Having said that, I am greatly trou- concurring therein), That the Senate advise (After a pause.) Those opposed will bled by this body’s failure to take ac- and consent to the ratification of the Inter- tion on several fronts as it relates to national Plant Protection Convention raise their hands. (IPPC), Adopted at the Conference of the With two-thirds of the Senators Medicare. I am disappointed that we Food and Agriculture Organization (FAO) of present having voted in the affirma- failed to act on Medicare coverage for the United Nations at Rome on November 17, tive, the resolution of ratification is prescription drugs as well as the pro- 1997 (Treaty Doc. 106–23), referred to in this agreed to. posed payment changes in the so-called resolution of ratification as ‘‘the amended Mr. THOMAS. I thank the Presiding BBA relief bill, a piece of legislation Convention,’’ subject to the understandings Officer, the Senator from West Vir- that deals with provider payment en- of subsection (a), the declaration of sub- ginia, and the clerk. hancements to those services and com- section (b) and the provisos of subsection (c). panies that provide service to Medicare (a) UNDERSTANDINGS.—The advice and con- By the way, just for information, sent of the Senate is subject to the following these treaties were all approved by the patients. understandings, which shall be included in Foreign Relations Committee on Octo- The impact of Medicare over the past the instrument of ratification of the amend- ber 4 and 5. 35 years cannot be overemphasized. ed Convention and shall be binding on the Prior to enactment of Medicare in 1965, President: fewer than half the seniors in America (1) RELATIONSHIP TO OTHER INTERNATIONAL LEGISLATIVE SESSION had any kind of health care coverage at AGREEMENTS.—The United States under- The PRESIDING OFFICER. Under all. Today, as a result of Medicare’s en- stands that nothing in the amended Conven- the previous order, the Senate will re- actment, 99 percent do. As a result, tion is to be interpreted in a manner incon- sistent with, or alters the terms or effect of, sume legislative session. health care for the Nation’s seniors has the World Trade Organization Agreement on Mr. THOMAS. I suggest the absence been improved and the burden of health the Application of Sanitary or of a quorum. care costs for them has been greatly Phytosanitary Measures (SPS Agreement) or The PRESIDING OFFICER. The ameliorated. But a Medicare program other relevant international agreements. clerk will call the roll. without prescription drug coverage (2) AUTHORITY TO TAKE MEASURES AGAINST The assistant legislative clerk pro- does not meet the promise we made to PESTS.—The United States understands that ceeded to call the roll. seniors in 1965. nothing in the amended Convention limits Mr. ALLARD. Mr. President, I ask In 1965, the Medicare program rough- the authority of the United States, con- sistent with the SPS Agreement, to take unanimous consent that the order for ly paralleled what was available in the sanitary or phytosanitary measures against the quorum call be rescinded. private sector. Today, as all of us any pest to protect the environment or The PRESIDING OFFICER. Without know, prescription drugs play such a human, animal, or plant life or health. objection, it is so ordered. vital role, a greatly enhanced role in

VerDate 02-OCT-2000 02:03 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.038 pfrm02 PsN: S18PT1 S10668 CONGRESSIONAL RECORD — SENATE October 18, 2000 terms of our own Medicare treatment. meet the goal Senators DORGAN and able to the public the market-based in- We had a historic opportunity this year JEFFORDS and others desired—that of formation on drug prices that she cur- to fulfill the promise of Medicare and lowered prices. rently collects: the average manufac- to guarantee access to comprehensive One very basic problem with the pro- turer price for each drug, and the best prescription drug coverage for Medi- vision is that a ‘‘sunset’’ date was price available in the market. These care beneficiaries. Yet we have squan- added so that the importation system prices are already collected to imple- dered it. would end 5 years after it goes into ef- ment the Medicaid prescription drug There is no legitimate reason for the fect. In order to assure the safety of rebate system—so no new bureaucracy Republican leadership to have pushed the drugs being imported, laboratory or administrative structures would be meaningful prescription drug reform testing facilities would be required. necessary. Legislation is necessary, off for another year. The Finance Com- Distribution systems would also clear- however, because the Secretary is mittee has spent the last 2 years con- ly be needed. I have serious doubts that statutorily prohibited from disclosing sidering prescription drugs. We have the private sector investment to carry this information. heard from experts on all sides of the out this program will materialize if it Our legislation would simply lift that issue. We have talked to our constitu- is known that the program will only be prohibition and make that information ents. Many of us have worked dili- in operation for 5 years. Why spend the available. gently to put together legislation to money to develop the infrastructure A reimportation provision without provide a meaningful, comprehensive, for such a short-lived program? There the loopholes and the sunset provision affordable benefit for all Medicare is also a serious labeling problem that could help to lower prices. There are beneficiaries. Yet the Finance Com- gives manufacturers the ability to shut also other ways to lower prices—by re- mittee did not even hold a markup of a down the program. quiring manufacturers to treat Amer- prescription drug benefit bill. By that I It is unquestionably and undeniably ican patients fairly if they want to re- mean, for those who are not familiar wrong that American citizens pay the ceive generous tax benefits, and by dis- with legislative language, we did not highest prices for prescription drugs— closing prices—but we also must add an have the opportunity to vote on a particularly when many of these drugs affordable, voluntary prescription drug Medicare bill in the Finance Com- are developed on American soil, by benefit to the Medicare program. Any- mittee, move it from the committee, American companies who are receiving thing less is an empty promise to our and debate it on the floor. enormous tax breaks, patent protec- seniors who often go without much- I consider it a great tragedy that tions and the benefit of billions of NIH needed drugs, or pay astronomical could have made a difference in the research dollars. prices for them. lives of our seniors. Our inaction will I have been hoping to offer a germane Earlier this year, I introduced the consign some 227,000 Medicare bene- amendment to the Foreign Sales Cor- Medicare Outpatient Drug Act. Like ficiaries in my own State of Nevada poration (FSC) legislation that would the Vice President’s proposal, this bill and 39 million beneficiaries nationally deny the export tax benefit to pharma- would provide prescription drugs as a to yet another year of spending an ceutical manufacturers charging Amer- defined, comprehensive and integral ever-increasing share of their fixed in- icans at least 100 percent more than component of the Medicare program to comes on medically necessary drugs or they charge foreign consumers for the ensure it is available and affordable for trying to stretch their prescriptions by same drug. This amendment, if I get all beneficiaries. taking them every other day instead of the chance to offer it, and if approved, The drug benefit must be a part of every day or sharing them with spouses would have one of two positive effects the Medicare program—if it is not, and friends or, worse, even going with- for the American consumer and tax- there is no guarantee to our seniors out. payer: either, the price of prescription and those Medicare beneficiaries with We will be voting on the conference drugs would decrease, or if the manu- disabilities that it will be available, no report to accompany the Agriculture facturer chooses to continue to exploit guarantee that is will be affordable, no appropriations bill this afternoon. The American consumers, at least the tax- guarantee that it will provide cata- prescription drug importation provi- payer would not be providing a tax ben- strophic protection, and no guarantee sion is included in the conference re- efit for doing so. that it will be around the following port. I was pleased to join Senators The prices of prescription drugs could year. DORGAN and JEFFORDS in their amend- also be lowered through the simple Only Medicare can ensure that it is ment in July. I believe this amendment measure of providing more information guaranteed to be there, that it is af- is an important measure that can be to purchasers of prescription drugs. I fordable, that there is catastrophic helpful. There is no credible reason, no introduced the Consumer Awareness of protection, and that it will be there defensible basis that only drug manu- Market-Based Drug Prices Act of 2000 year after year. facturers should be allowed to reimport because purchasers today do not have The Democrats offer Medicare bene- prescription drugs. any meaningful price information—and ficiaries choices: the Medicare benefit A well defined reimportation pro- there is no way competition can work is a voluntary one. If a person has drug gram could help to make drugs more without information on prices. I be- coverage through an employer or some affordable for American consumers. lieve in the free market, but we have to other source, he or she can keep that The majority of our seniors are often let it work. The availability of real coverage. The beneficiary can choose faced with the difficult choice of pay- market-based price information is crit- to receive the drug benefit as a part of ing extremely high prices at retail out- ical to the ability of employers and in- the traditional fee-for-service program, lets or forgoing medically necessary surers to negotiate lower prices for or through a managed care plan. prescription drugs because they simply their employees and enrollees. So there are three choices that are do not have the financial resources to Under the current law, that informa- available here: either not to accept it, pay for them. However, the best de- tion is denied to those who purchase or to have either a fee-for-service pro- signed reimportation provision is not a prescription drugs on behalf of either gram, or a managed care program. sufficient answer to the millions of their insureds or those who are part of The GOP proposal, in Congress, and Medicare beneficiaries who lack pre- their employee group. as promoted by Governor Bush, gives scription drug coverage. Not only does the lack of price infor- the choices to the insurers. The insurer I hope my colleagues will not hide be- mation keep prices artificially high, can choose whether or not to offer pre- hind this provision when they are but it affects the Federal budget. Drug scription drug coverage—there is no re- asked by their constituents why the manufacturers have been able to ma- quirement. The insurer can choose the Senate didn’t approve a Medicare pre- nipulate the average wholesale price, level of the deductible, and the amount scription drug benefit this year. which is a meaningless statistic, but it of the coinsurance the beneficiary Moreover, the important provision results in billions of dollars of Medi- must pay for each prescription. The in- has been altered by the Republican care overpayments. surer can choose whether or not to leadership such that it is extremely My legislation would simply require offer catastrophic coverage. The in- questionable whether it will actually the Secretary of HHS to make avail- surer can choose to limit those drugs

VerDate 02-OCT-2000 01:40 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.077 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10669 that are covered to a select few—either funds to Medicare+Choice HMOs rather than intended audience. I would support by limiting the diseases that qualify using these dollars to help Medicare bene- that veto. for treatment, or by limiting the num- ficiaries in the proposed Medicare Balanced I thank the Presiding Officer. I yield ber of prescriptions that may be filled Budget Act (BBA). The pending leadership the floor. proposal reportedly spends about $10 billion each month. The insurer can choose to on HMOs and only a small fraction on Amer- keep the benefit the same from year to ica’s seniors. AGRICULTURE, RURAL DEVELOP- year, or the insurer can choose to The proposed restoration of funds to HMOs MENT, FOOD AND DRUG ADMIN- change the benefit each year or to dis- is out of balance with the rest of the bill. ISTRATION, AND RELATED continue coverage. Currently less than 16 percent of bene- The Democrats have tried to pass a ficiaries are enrolled in HMOs, yet one-third AGENCY PROGRAMS APPROPRIA- bill this year that would provide of the funds go to these entities. The in- TIONS ACT, 2001—CONFERENCE choices for beneficiaries, while our col- crease in funds is of particular concern since REPORT—Continued HMOs are not being held accountable for The PRESIDING OFFICER. The Sen- leagues on the other side of the aisle their participation in Medicare. The plans have advocated a bill that would pro- have not committed to maintaining their ator from Washington. vide choices for insurers. benefits or to staying in the program for any Mr. GORTON. Mr. President, I ask Given the cost of a prescription drug length of time. Additionally, the proposed the Senator from Mississippi for 10 benefit, it is critical that we spend increase flies in the face of the fact that minutes or less on the bill. those federal dollars in a way that will independent experts, such as the General Ac- Mr. COCHRAN. Mr. President, I am ensure that the benefit and the choices counting Office, have found that these plans happy to yield to the distinguished are going to the Medicare bene- currently are paid too much. Senator the time he requested. ficiaries—not to the insurers. Earlier in the year, Congress’s budget reso- Mr. LEAHY. Mr. President, I ask lution committed to spending $40 billion on a unanimous consent that following the I am also deeply troubled by the way new Medicare prescription drug benefit. This the majority leadership is allocating has not been done. And now rather than comments of the distinguished Senator federal dollars in the ‘‘BBA-relief’’ bill. spend this $40 billion on direct beneficiary from Washington, I might be recog- While members of the Finance Com- improvements, Republican leaders are pro- nized under the normal division of time mittee have not been allowed to par- posing only a small fraction of the original for about 6 minutes. ticipate in the development of this amount promised for beneficiaries. The PRESIDING OFFICER. Without package, I understand that about $10 There are many other senior concerns that objection, it is so ordered. billion out of a total of $28 billion is to are being shortchanged by this legislation The Senator from Washington is rec- including those that relate to quality of ognized. go to Medicare HMOs over the first 5 care. The bill would not provide sufficient years. That is over one-third of the funding to address a number of serious prob- Mr. GORTON. Mr. President, it has money in this package, when only 16 lems Medicare beneficiaries and their fami- taken a considerable period of time to percent of Medicare beneficiaries are lies currently face. The priorities related to reach the happy conclusion of the de- enrolled in Medicare HMOs. the balance of payments in this bill must be bate over the appropriations bill for The HMOs tell us that they need this changed to assure that the group that Medi- the Department of Agriculture. None of level of funding to ‘‘stabilize’’ the mar- care is supposed to serve—America’s sen- that delay is due to the distinguished ket, and that without it they will have iors—receive their fair share of the funds. chairman or to his ranking member, Sincerely, the Senator from Wisconsin, who have to withdraw from the program, or re- AFSCME Retirees. duce benefits. But we know from the American Association for International worked with extraordinary diligence General Accounting Office that we are Aging. and I think immense success in bring- already overpaying the HMOs—by American Federation of Teachers Program ing this bill before us. nearly $1,000 per enrollee. on Retirement and Retirees. I can’t even begin the major portion And yet, our colleagues on the other Association for Gerontology and Human of my remarks without thanking him side of the aisle are not requiring any Development in Historically Black Colleges for his thoughtfulness to the particular accountability on the part of the man- and Universities. concerns of my own State—first, of Association of Jewish Aging Services. aged care plans in exchange for this Eldercare America. course, the field of agricultural re- huge influx of funding. They don’t re- Families USA. search. There is research money in this quire them to stay in the market, and Meals on Wheels Association of America. bill for wheat, apples, asparagus, ani- they don’t require them to commit to a National Academy of Elder Law Attorneys. mal diseases, small fruit, barley, and benefit package. National Association of Area Agencies on potatoes, to name a few. In each and Managed care plans should be pro- Aging. every case, that money will help our vided a reasonable portion of the funds National Association of Foster Grand- parent Program Directors. farmers meet the demands of the mar- in this package. But the majority has National Association of Nutrition and ket in the future—both here in the provided funds for HMOs at the expense Aging Services Programs. United States and overseas. of reducing beneficiary cost-sharing for National Association of Retired and Senior In addition, without precedent, there preventive benefits and outpatient vis- Volunteer Program Directors. is a considerable and most indispen- its, at the expense of expanding health National Association of Retired Federal sable relief for the tree fruit industry options for legal immigrants, at the ex- Employees. in my State and others—formerly a National Association of Senior Companion pense of patients with Lou Gehrig’s Project Directors. highly profitable occupation that has disease, at the expense of uninsured National Association of State Units on fallen on bad times. A bridge is pro- children, and at the expense of persons Aging. vided in this bill until more successful with Alzheimer’s disease. National Caucus and Center on Black times in the future. The cranberry in- This is too great an expense. Aged. dustry falls into exactly the same situ- I have a letter signed by 23 senior National Committee to Preserve Social Se- ation. And, of course, with respect to groups opposing this large payment of curity and Medicare. low farm prices in many other com- funds to Medicare+Choice HMOs. National Council of Senior Citizens. National Council on the Aging. modities nationwide in scope, relief is I ask unanimous consent that this National Senior Citizens Law Center. included in this bill, again with the letter be printed in the RECORD. National Senior Service Corps Directors hope that we will soon have better There being no objection, the letter Associations. times in the future for our agricultural was ordered to be printed in the OWL. products. RECORD, as follows: Mr. BRYAN. Mr. President, finally, There are, however, two subject mat- LEADERSHIP COUNCIL let me conclude by saying that the ad- ter areas of this bill that are of par- OF AGING ORGANIZATIONS, ministration has indicated the Presi- ticular importance. The first has to do Washington, DC, October 18, 2000. dent may veto this legislation because with sanctions—the unilateral sanc- Hon. RICHARD H. BRYAN, U.S. Senate, of the heavy tilt toward managed care tions that the United States has im- Washington, DC. plans, the lack of accountability, and posed on itself barring the export of DEAR SENATOR BRYAN: The undersigned or- the lack of provisions that would di- our agricultural commodities and for ganizations oppose the large payment of rectly help Medicare beneficiaries—our that matter medicines to a number of

VerDate 02-OCT-2000 01:40 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.030 pfrm02 PsN: S18PT1 S10670 CONGRESSIONAL RECORD — SENATE October 18, 2000 countries around the world for some other commodity in the United States Cuba. After we had those votes, the form of foreign policy reasons. in interstate commerce for some 65 House Republican leadership included a Those sanctions by and large are can- years. provision which prohibits any kind of celed by this bill, and the President is A Congressman from New York, Con- public financing. What they have said deprived of the power in the future to gressman HINCHEY, made a similar pro- is: Sure, you can have these sales. But impose them unilaterally without deal- posal in the conference committee. we are going to make sure there is no ing with us in Congress. This may be Personally, I would prefer a more di- way to pay for them. very important in the immediate fu- rect approach. We go back home and say how gen- ture with the threat that sanctions Once again, the perfect was the erous we are and how we are helping will be taken against even our good enemy of the good. We have the ability our farmers, at the same time chuck- friend Japan with our agricultural not only for individuals to go into Can- ling all the way out, saying it will products by reason of its whaling prac- ada or Mexico and buy drugs that are never happen. tices. I disagree vehemently with its manufactured in the United States, but That is bad for America’s farmers. It whaling practices. But I don’t think we under the same circumstances they are is very bad for the Cuban people. It is should deal with them by punishing manufactured in the United States, certainly bad foreign policy. our farmers, ranchers, and agricultural and then they are reimported to the In fact, they even went so far as to producers. Personally, I would have United States for individuals to use. It codify the restrictions on travel to preferred the more sweeping language is something that I think is very im- Cuba. This strikes at the fundamental of the original Senate bill in this re- portant for people who need to use right of every American to travel free- spect. There was vehement opposition drugs and find them far too expensive ly. Some of the same people who to some of its provisions in the House here; but also for our pharmacists to do jingoistically say we are Americans; we of Representatives. the same thing to the extent that their can go wherever we want, will say, but My colleague from the State of Wash- wholesale prices are the result of dis- not to Cuba. Senator DODD and I introduced legis- ington, Congressman NETHERCUTT, crimination against them and in favor lation to lift this ban. He spoke elo- worked diligently, and often in opposi- of Canadians and Europeans and oth- quently about this. It is ironic, actu- tion to his own party’s leadership, in ers. ally outrageous, that Americans can crafting this compromise. This com- Some of those costs will be passed travel to North Korea or Syria or Viet- promise, I guess, I would describe as back to the purchasers of prescription nam but not to Cuba. What a hypo- being 80 percent of what we need. It in- drugs here in the United States who critical, self-defeating, and anachro- cludes what I think are some unwise can’t travel to Canada or to Mexico or nistic policy. What a policy so beneath provisions related to travel to Cuba. to someplace else to make their own a great, good nation as ours, a nation But, in my view, we should take this purchases. of a quarter billion people, the most three-quarters, or 80 percent, of what Is this a perfect solution? No. It is powerful, wealthiest nation on Earth. we need, and we should begin to restore not. First, it is indirect rather than di- How small-minded. How petty. How be- the opportunity to secure these mar- rect. neath this great Nation. kets to our farmers. And we should Second, there are opportunities, I am It is a terrible decision, a blatantly take care of the rest of the controversy convinced, in the way their bill was partisan decision, a decision driven by next year. written, in spite of all of the efforts of politics, and one of the many reasons Will we immediately begin to see its proponents, through which the why the elections on November 7 are so huge sales of our wheat, for example, pharmaceutical manufacturers may important. It is time we inject intel- to Iran and to other former major cus- find loopholes and may be able to frus- ligence and bipartisanship into our for- tomers? I am not at all sure we will. It trate the proper desire of Americans to eign policy. Congress has had its may take years to repair the damage lower drug prices. chance, but it has fallen short in too we have created by these unilateral If that happens, we will certainly be many ways to count. The decision on sanctions. But this is a start. This back next year at the same time and at Cuba is another example of the failure gives our farm community, at a time of the same place to see to it that a dis- of the 106th Congress to do what is very low prices, once again the ability crimination which is entirely unjustifi- right for America, what is right for to compete in the world markets, and able is ended. American companies America’s farmers, what is right for not just in some of those markets. benefiting from American society, the majority of the American people. Finally, and most importantly, are from American tax credits from Amer- As one who opposes the dictatorial the provisions of this bill dealing with ican research should not discriminate policies of Fidel Castro, I also oppose the price of prescription drugs. My col- against Americans. We have taken a anybody telling me as an American, or league from Nevada, who just con- major step forward in this bill to at my family, or the people of my State, cluded his remarks, had a number of least reducing and I hope eliminating that we cannot travel anywhere in the points, with which I don’t entirely that kind of discrimination. world where we might be accepted. It is agree, but I certainly do agree with I want to express my enthusiastic so beneath a great and good nation. I him on that one. He was one of the co- support for the passage of this bill. hope this is something we will correct sponsors of the Jeffords-Dorgan pro- The PRESIDING OFFICER. The Sen- next year. The majority of Senators posal on the reimportation of drugs. ator from Vermont. and House Members, Republicans and Simply stated, we face a situation in Mr. LEAHY. Mr. President, I will Democrats, have already voted. A which American pharmaceutical manu- vote for the Agriculture appropriations small band of the Republican leader- facturers that are benefiting from huge conference report. I want to support ship should not be able to thwart that. tax subsidies through research and de- our farmers. They deserve our support. I yield the floor. velopment tax cuts, and benefiting But I will do so with a great deal of re- The PRESIDING OFFICER. The Sen- from the immense research that we do luctance because of what the House of ator from Mississippi. in the National Institutes of Health, Representatives did. They inserted a Mr. COCHRAN. Mr. President, I am nevertheless, sell their products out- provision which goes directly counter pleased to yield 15 minutes to the dis- side of the United States in Canada, in to the views that were expressed in tinguished Senator from Arizona, Mr. Europe, and in Latin America for rollcall votes of a bipartisan majority MCCAIN. prices half or less the price they charge of both the House and the Senate. The PRESIDING OFFICER. The Sen- for those drugs in the United States. I probably shouldn’t be that sur- ator from Arizona is recognized. That is outrageous. It is a form of dis- prised that the House of Representa- Mr. MCCAIN. Mr. President, I regret crimination without any justification tives, under the Republican leadership, that I have to come forward once again whatsoever. has, once again, abused the legislative to oppose another of the annual appro- Six months or so ago, I introduced a process. It has occurred too often. We priations bills, particularly one that is bill to directly ban price discrimina- had very strong votes in both the vitally important to our nation’s farm- tion in prescription drugs in the same House and the Senate to lift sanctions ers and to support social service pro- way it has been banned in almost every on the sale of food and medicine to grams for women and children.

VerDate 02-OCT-2000 01:40 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.087 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10671 However, this bill once again fails to No. 3, a $250,000 earmark is included hind closed doors, powerful sugar inter- responsibly appropriate funding to the for potato research in Prosser, WA, to ests have been able to chip away at the highest agricultural and resource man- develop improved varieties of potatoes. few reforms required by them by the agement priorities, and instead doles Only in Prosser, WA, do we need to do 1996 Freedom to Farm bill. out $300 million in pork-barrel spend- this kind of research. First, through last year’s omnibus ing. This amount is close to $70 million No. 2, the popular National Center appropriations bill, a provision was more than was included in the Senate- for Peanut Competitiveness in Georgia tacked on in conference to remove the passed bill, and the total overall spend- will receive a healthy endowment of responsibility of sugar producers to ing for this bill exceeds the Senate and $400,000. That ever popular National pay small marketing assessments on House passed bills by close to $2.8 bil- Center for Peanut Competitiveness, in sugar to help pay down the federal lion. Georgia, will receive this $400,000. debt. Mr. President, there are several prob- And No. 1, an earmark of $100,000 is By the way, a large family of sugar lems with this final conference agree- provided for the Trees Forever Pro- growers is one of the major reasons ment. gram in Illinois, the vitally important why we are having to pay billions of First, the inclusion of $300 million in purpose of which is to encourage and dollars to clean up the Everglades. special interest earmarks that either provide information on the use of trees. Earlier this year, sugar interests have not been properly reviewed or au- Trees Forever in Illinois is to encour- pressured the Agriculture Secretary to thorized through the legislative proc- age and provide information on the use spend more than $60 million to pur- ess. Much of this spending is ear- of trees. chase more than 150,000 tons of surplus marked for towns, universities, re- In my State of Arizona, except in the sugar to prevent mass forfeitures, paid search institutes and a myriad of other northern part of my State, we don’t for by the taxpayers once again. An ad- entities that appear only vaguely re- have a lot of trees, but we certainly ditional 934,000 short tons of sugar was lated, at best, to addressing the dire have a lot of cactus. Perhaps we could forfeited once again this month, there- situation of farmers, women and chil- have next year an earmark for the by eliminating the responsibility for dren. ‘‘Cactus Forever Program.’’ That sugar growers to pay back $352 million A number of policy riders are also might be an enjoyable exercise. I urge in loans. Many of these sugar growers tacked on, without any consideration my pork barreling friends to consider, are capable of making enormous polit- by either body, that reverse a number next time they have Trees Forever, ical contributions in soft money to of 1996 farm bill reforms and violate perhaps ‘‘Cactus Forever.’’ both parties. And, now, sugar interests have adept- trade policies. Mr. President, this is just a small ly worked behind the scenes to add an- Let’s first take a look at the ‘‘Top sample from the 32-page list of ear- other never-before-seen provision, not Ten Porkbusters’’ in this year’s agri- marks I compiled from this agriculture previously included in the Senate or culture bill: appropriations conference report. Many House bill, to overturn federal sugar No. 10, An add-on of $300,000 is pro- are recurring earmarks, year after policy. This change will reverse the re- vided to a laboratory in East Lansing, year, for projects that appear to be ei- course loan provision in the 1996 farm Michigan to map and identify genes in ther duplicative or, as GAO had found bill that obligates full repayment of chickens; when reviewing agricultural spending, the loan in cash. Despite loopholes al- No. 9, An amount of $680,000 will be pay for projects not related to basic re- ready existing in current law to allow provided to test the ‘‘competitiveness’’ search or high-priority areas, or which sugar producers to sidestep loan repay- of agricultural products solely from already receive substantial private sec- ments, this new conference provision the state of Washington; tor investments. directs that all federal price support No. 8, Despite millions provided for Mr. President, I am sure that many loans be made permanently ‘‘non-re- salmon restoration through other ap- of these objects may be meritorious course’’ loans, which is a fancy way of propriations bills this year, $645,000 is and helpful to the designated commu- saying the loans will not have to be re- earmarked for research on alternative nities. What I object to is the way paid. salmon products in guess where—Alas- these projects have been selectively Another provision added in con- ka; you will find Alaska pops up quite identified and prioritized for earmarks, ference allows burley tobacco pro- frequently in these pork barrel bills. mostly for purely political interest, ducers to forfeit their crops, much in No. 7, An add-on of $1.05 million will rather than for the national interest. the same manner that sugar producers pay for sunflower research in Fargo, This agriculture appropriations are allowed to do. Not only are we let- North Dakota. measure is intended to provide assist- ting sugar and tobacco growers off the Sunflower research, obviously, is un- ance to farmers, women, children and hook for repayment of Federal loans, able to be carried out in any other part rural communities with the greatest the Federal Government will be respon- of America, so we have to add $1 mil- need. Yet, by diverting millions for pa- sible for selling off tobacco crops that lion to pay for sunflower research in rochial spending, we fail in this respon- are forfeited to the Federal Govern- Fargo, ND. sibility, forcing Congress to once again ment. Such a movement may encour- No. 6, $300,000 is earmarked for the attach ad-hoc emergency spending, age the overproduction of tobacco, at a Pineapple Growers Association in Ha- adding up so far to $23 billion over the time when, thank God, the tobacco de- waii, whose three members of the Pine- past three years, for farm relief and mand is lessening and the American apple Growers Association are the im- other disaster assistance. This time people are urging more responsible fed- poverished organizations, Dole Food, around, about $3.6 billion is designated eral policies toward tobacco because of Del Monte Fresh Produce, and Maui as emergency spending for farmers and its impacts on our children and public Pineapple Company. These impover- communities who have suffered critical health. However, once again, special in- ished three corporations are badly in losses due to severe drought and dif- terests win, and the taxpayers will foot need of $300,000 of the taxpayers’ ficult market conditions. the bill, at a cost of $50 million. money so they can deliberate as the I realize that many of America’s fam- Other egregious last-minute provi- Pineapple Growers Association of Ha- ily farms are in crisis, and some form sions added in conference include: waii. of assistance is needed to responsibly A new provision that reinstates the A whopping $5 million is earmarked address real economic hardship faced federal subsidy for honey producers, for an insect rearing facility in Stone- by many of our nation’s farmers and previously repealed by the 1996 farm ville, MS. That must be an interesting their families. However, it is quite in- bill. The cost? $20 million. place. teresting to note that among those The controversial dairy price support No. 4, an add-on of $300,000 will pay that the budget negotiators consider program will be extended, while also for manure management systems in the most in need are the tobacco, sugar delaying implementation of the dairy Florence, SC. I have spent a lot of time and honey industries. recourse loan program that requires in South Carolina. I hope this $300,000 For example, a last minute provision full repayment of federal loans. will pay for the manure management was added to reverse the limited re- $500,000 is earmarked solely for the systems in Florence, SC. forms to the federal sugar program. Be- State of California for crop insurance,

VerDate 02-OCT-2000 02:03 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.041 pfrm02 PsN: S18PT1 S10672 CONGRESSIONAL RECORD — SENATE October 18, 2000 despite the $8 billion crop insurance re- again. Yet, no one pays attention to paying attention to the final gasps of the form bill passed earlier this year. these violations because Congress ap- 106th Congress—a lucky break for the law- $2.5 million is directed to capitalize pears to favor spending that benefits makers, who are busy spending away the the South Carolina Grain Dealers promised budget surplus. the special interests of a few, rather President Clinton is wielding his veto pen Guaranty Fund, under the guise of than spend the taxpayers’ dollars re- to force the funding of some of his favorite emergency spending; and, sponsibly and enact laws and policies projects, and the response from legislators of $7.2 million in emergency funds will that reflect the best interests of all both parties is that if he’s going to get his, pay for sugar transportation costs for Americans. we’re damn sure going to get ours. the State of Hawaii. It is all taxpayers who have to shoul- As a result, said Congressional Quarterly, Other provisions are tacked onto this der the burden to pay for the pork-bar- the nonpartisan, private news service, spend- ing for fiscal 2001, which began on Oct. 1, is report that clearly do not belong in rel spending in this appropriations con- this particular bill and, therefore, likely to be $100 billion more than allowed by ference report and the others that will the supposedly ironclad budget agreement of could be subject to budget points-of- follow, and I will not vote to place that 1997. order. burden on American families. More important, the accelerated pace of A provision, which the Wall Street Mr. President, in conclusion I want spending is such that the Concord Coalition, Journal called a ‘‘unique steel-friendly to refer to a column by David Broder in a bipartisan budget-watchdog group, esti- provision,’’ was inserted into this con- this morning’s Washington Post. The mates that the $2.2 trillion non-social Secu- ference report that diverts anti- rity surplus projected for the next decade is title of it is, ‘‘So Long, Surplus.’’ That likely to shrink by two-thirds to about $712 dumping and countervailing duties is what I have to say this morning and from the Treasury to affected domestic billion. what I have been saying for several As those of you who have been listening to industries. This provision is an almost weeks now: So long, surplus. Vice President Al Gore and Texas Gov. one-half billion dollar giveaway to U.S. I notice a lot of the Presidential de- George W. Bush know, they have all kinds of corporations that had not been consid- bate is devoted to what we will do with plans on how to use that theoretical $2.2 tril- ered previously by the Senate. As our the surplus, whether we cut taxes; lion to finance better schools, improved nation begins to pay down our $5 tril- health care benefits and generous tax breaks. whether we pay down the debt; whether lion debt, we should consider the effect They haven’t acknowledged that, even if we save Social Security; whether we of this provision very carefully. In- good times continue to roll, the money they save Medicare. It is not going to be stead, we will not consider it at all. No are counting on may already be gone. there. We are spending it at an incred- To grasp what is happening—those now in member, except those among the nego- ibly huge rate. office grabbing the goodies before those tiators, will have any say about the ef- seeking office have a chance—you have to As a result, said Congressional Quarterly, fects of this policy. examine the last-minute rush of bills moving the nonpartisan, private news service, spend- Another equally troubling provision through Congress as it tries to wrap up its ing for fiscal 2001, which began on Oct. 1, is in this report once again concerns leg- work and get out of town. likely to be $100 billion more than allowed by A few conscientious people are trying to islation that has not been considered the supposedly ironclad budget agreement of by the House or Senate. This provision blow the whistle, but they are being over- 1997. whelmed by the combination of Clinton’s de- sets up a Hass Avocado Board for avo- More important, the accelerated pace of sire to secure his own legacy in his final 100 cado research and promotion. While on spending is such that the Concord Coalition, days, the artful lobbying of various interest its face, it may not sound objection- a bipartisan budget-watchdog group, esti- groups and the skill of individual incum- able, such a provision may unfairly mates that the $2.2 trillion non-Social Secu- bents in taking what they want. give domestic producers more represen- rity surplus projected for the next decade is Here’s one example. The defense bill in- likely to shrink by two-thirds to about $712 cluded a provision allowing military retirees tation than U.S. importers, thereby billion. violating our WTO obligations by not to remain in the Pentagon’s own health care Let me repeat. The Concord Coali- program past the age of 65, instead of being granting national treatment to avo- transferred to the same Medicare program in cado imports and acting as an export tion, which is a bipartisan organiza- tion, predicts that the surplus is not which most other older Americans are en- subsidy. rolled. The military program is a great one; In addition, this provision currently going to be $2.2 trillion in the next dec- it has no deductibles or copayments and it forces an assessment of avocados at a ade; it is going to be about $712 billion. includes a prescription drug benefit. rate of $.025 per pound. This rate must And that is with the rosiest of sce- Retiring Democratic Sen. Bob Kerrey of be paid by exporters at the time of narios. Nebraska, himself a wounded Congressional entry into the United States. However, What are we doing here? What are we Medal of Honor winner, wondered why—in the midst of a raging national debate on pre- U.S. domestic producers will not have doing here? We are spending the sur- plus; we are earmarking, pork barrel scription drugs and Medicare reform—these to pay these taxes until 60 days after particular Americans should be given pref- the last day of the month that the sale spending; we are calling things emer- erential treatment. Especially when the is made. In addition, no tax is collected gencies that are not. We are frivolously measure will bust the supposed budget ceil- on Hass avocados that are exported. and irresponsibly spending this surplus ing by $60 billion over the next 10 years. Again, these two provisions clearly which is so vital to our ability to meet ‘‘We are going to commit ourselves to dra- violate our WTO obligations, and I be- our entitlement obligations in this cen- matic increases in discretionary and manda- lieve we should study this issue more tury, obligations to Social Security tory spending without any unifying motiva- and to Medicare and other entitlement tion beyond the desire to satisfy short-term before passing it into law. I am con- political considerations,’’ Kerrey declared on cerned that this provision will give 85 programs. the Senate floor. ‘‘I do not believe most of percent of the fees collected from a I quote from David Broder again, these considerations are bad or unseemly. state back to the state avocado board. from this morning. Most can be justified. But we need a larger This seems like unnecessary pork for To grasp what is happening—those now in purpose than just trying to get out of town.’’ state avocado boards. However, once office grabbing the goodies before those The Republican chairman of the Senate again, we will not be able to vote up or seeking office have a chance—you have to Budget Committee, Pete Domenici of New down on this provision. examine the last-minute rush of bills moving Mexico, joined Kerrey in objecting to the The Congress has certain rules that through Congress as it tries to wrap up its folly of deciding, late in the session, without ‘‘any detailed hearings . . . [on] a little item apply to its budget process. One of work and get out of town. I ask unanimous consent the article that over a decade will cost $60 billion.’’ those rules states that, once a Senate- Guess how many of the 100 senators heeded House conference convenes, negotia- by David Broder of this morning be these arguments? Nine. tions are limited to only the funding printed in the RECORD. Sen. Phil Gramm, a Texas Republican, and provisions that exist in either bill. There being no objection, the mate- may have been right in calling this the worst Adding funding that is outside the rial was ordered to be printed in the example of fiscal irresponsibility, but there scope of the conference is not in order, RECORD, as follows: were many others. Sen. John McCain of Ari- [From the Washington Post, Oct. 18, 2000] zona, who made his condemnation of pork- nor is the inclusion of legislative provi- barrel projects part of his campaign for the sions that were not in the preexisting SO LONG, SURPLUS Republican presidential nomination, com- bills. (By David S. Broder) plained that spending bill after spending bill The final agreement clearly violates Between the turbulent world scene and the is being railroaded through Congress by our established rules over and over close presidential contest, few people are questionable procedures.

VerDate 02-OCT-2000 01:40 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.043 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10673 ‘‘The budget process,’’ McCain said, ‘‘can Mr. HARKIN. Mr. President, I ask amounts of Federal subsidies that our be summed up simply: no debate, no delib- unanimous consent that the order for Government provides for water and for eration and very few votes.’’ When the trans- the quorum call be rescinded. irrigation for cotton in Arizona. I lis- portation money bill came to the Senate, he The PRESIDING OFFICER (Mr. SES- tened in vain to hear my colleague said, ‘‘the appropriators did not even provide a copy of the [conference] report for others SIONS). Without objection, it is so or- from Arizona decry the use of sub- to read and examine before voting on the dered. sidized water in his State of Arizona. nearly $60 billion bill. The transportation Mr. HARKIN. Mr. President, is it cor- Well, I’m not here today going after it. bill itself was only two pages long, with the rect that I am allotted 45 minutes? It is probably necessary for the people barest of detail, with actual text of the re- The PRESIDING OFFICER. The Sen- of Arizona, probably necessary for port to come later.’’ ator is correct. western cotton production, and could Hidden in these unexamined measures are Mr. HARKIN. Mr. President, before be important for western animal pro- dozens of local-interest projects that cannot getting into my main comments on the duction. stand the light of day. Among the hundreds So I think my friend from Arizona, in of projects uncovered by McCain and others Agriculture Appropriations conference are subsidies for a money-losing waterfront report, I want to make a few comments taking after a lot of the items in the exposition in Alaska, a failing college in New in response to the Senator from Ari- Agriculture appropriations bill, is just Mexico and a park in West Virginia that has zona, who spoke about various items simply off the mark. Oh, I know it never been authorized by Congress. And that are in this bill and criticized probably makes good press. You can going out the window is the ‘‘surplus’’ that is them. probably get a good column written supposed to pay for all the promises Gore I am very proud of my service on the once in a while about pork barrel and Bush are making. agriculture appropriations sub- spending and all that kind of stuff, but Mr. MCCAIN. Mr. President, the Con- committee, and I am very proud of our when you go down these items, these gress has not always acted this way. As chairman and ranking member for the are items that are important to the a matter of fact, in fiscal years 1997 bill they put together. It is a good bill. people of those constituencies in those and 1998, when we still had deficits, the I am going to vote for it because it pro- States, important to agriculture in Congress spent less money than the ac- vides needed funding for a range of pro- those States and, as such, it is impor- tual budget caps allowed. But since the grams and activities important not tant to agriculture for the entire coun- era of surpluses began in 1999, the Con- only to farm families and rural com- try. gress and the president have taken this So that is why I commend the chair- munities but to consumers and our Na- to mean they now have a license to man and the ranking member for put- tion generally. spend freely and irresponsibly without ting this bill together. It is a good bill. I thank our agriculture appropria- any adherence to limits. We have In fact, if you want to talk about tions chairman, Senator COCHRAN, and gradually spent in excess of the discre- items that are in the bill that pertain the ranking Democratic member, Sen- tionary spending limits. to States, let me talk about one in my But now, for the fiscal year 2001, the ator KOHL, for their hard work on this own State. One of my highest priorities spending has exploded to at least $33 bill. I appreciate the opportunity to was to obtain funding for the planning billion above the spending cap, con- have worked with them, and I thank and design of new facilities at the De- suming nearly one-third of fiscal year them for their cooperation in respond- partment of Agriculture’s National 2001’s projected on-budget surplus, and ing to my views on various items in Animal Disease Laboratory in Ames, we still have several appropriations this legislation. I commend them for IA. I am pleased that the bill has the bills yet to go. Our continuing fiscal ir- their work in putting this bill to- full $9 million that was requested for responsibility in threatening to con- gether. Overall, it is a good bill. this purpose in the President’s budget. The Senator from Arizona cited a sume a substantial portion of the pro- These new facilities are absolutely number of items in the bill. I did not jected on-budget surpluses before they critical for biocontainment and work hear him mention some research are actually realized—and, according with animals with highly contagious grants for the fruit and vegetable mar- to a recently released CBO report, even diseases. The National Animal Disease ket analysis for Arizona. There was a if we are to save all of today’s pro- Laboratory is one of—of course, in my produce pricing item in there for Ari- jected surpluses, we still face the possi- opinion, it is the preeminent animal zona. There was a Federal administra- bility of an uncertain long-term fiscal disease research facility in the United tion research grant for shrimp aqua- future as adverse demographics and States. But the conditions of this facil- culture for several States, including lengthening lifespans lead to surging ity are very poor. The main facility Arizona. Also in the conference report, entitlement costs. there was constructed beginning in the CBO projects that the three main en- there is a $5 million item for Water 1950s. Now we face threats from new titlement programs—Social Security, Conservation and Western Cotton Lab- animal diseases; some that are highly Medicare, and Medicaid—will rise from oratory in Maricopa, AZ. contagious, some that can be used by roughly 7.5 percent of GDP today to 17 I do not know a lot about those fa- terrorists for bioterrorism. Yet the fa- percent by 2040 absent programmatic cilities. I know our colleague, Senator cilities, some that were built some 40 reforms. The CBO also warns that KYL, is on the committee. I am sure he years ago, are not built to contain ‘‘Projections of future economic has looked at these items and may them adequately, safely, and securely. growth and fiscal imbalances are quite have had something to do with them We need to move forward to improve sensitive to assumptions about what being in there. I do not know. But I be- the National Animal Disease Labora- policymakers will do with the budget lieve the Senator from Arizona, who tory facilities as quickly as possible, to surpluses that are projected to arise just spoke, is off the mark because protect against emerging, highly con- over the next decade.’’ most of the items in this bill are there tagious, highly infectious animal dis- Therefore, it is imperative that not because Senators pay attention to the eases, many of which, if not contained, only do we avoid squandering the pro- needs of their constituents and they if let loose in the environment, could jected surpluses, but the meaningful pay attention to the needs of our coun- cause tremendous numbers of illnesses reforms of entitlement programs be un- try. and deaths. So the NADL funding is dertaken not to avoid budget deficits I am not cognizant of this Water Con- not just about protecting animal life and unsustainable levels of debt in the servation and Western Cotton Labora- and health; it is also for protecting future. tory in Maricopa for $5 million, but it human life and health as well. Sure, I yield the floor. probably has something to do with cot- this facility is located in Iowa—I am The PRESIDING OFFICER. Who ton production, which is important to very proud of it; it predates my service yields time? our country. It probably has something in Congress—but it is a national lab- Mr. COCHRAN. Mr. President, I sug- to do with cotton production in Ari- oratory. This is another example where gest the absence of a quorum. zona, which is obviously important to money has gone to a State, but it has The PRESIDING OFFICER. The the people of Arizona and Western gone for a national purpose. It is just clerk will call the roll. States. like any of the other national labora- The assistant legislative clerk pro- I don’t know. Maybe this has some- tories that we have. This is the pre- ceeded to call the roll. thing also to do with the large eminent one for animal disease.

VerDate 02-OCT-2000 01:45 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.045 pfrm02 PsN: S18PT1 S10674 CONGRESSIONAL RECORD — SENATE October 18, 2000 I also want to point out some other had to inspect over 66,000 establish- billion. For the most part, that assist- priority items of particular interest in ments. ance was clearly needed—in fact, criti- Iowa that are in the bill. They are par- Here is the twist. About 85 percent of cally needed. It helped keep many farm ticular to Iowa, but they are broader the instances of foodborne illness are families on the land who otherwise than the State, including funding for linked to foods that fall under FDA’s would have been forced out of business. research that will help block the use of jurisdiction, and only 15 percent of Keep in mind, these emergency pay- anhydrous ammonia to make meth- them fall under USDA’s jurisdiction. ments were on top of the spending amphetamine. That is one that is in So clearly, we have our work cut out under provisions of the existing farm this bill. It helps us in Iowa, but it for us in the area of food safety. bill. helps us in many other States. We need more resources for the Food For fiscal year 2000, USDA made There is an item in the bill for ad- and Drug Administration. But, in re- some $28 billion in direct payments of dressing serious erosion problems in ality, we really need a more unified one kind or another to U.S. farmers. Iowa’s Loess Hills. The Loess Hills in and coordinated structure for federal That is a record. And the overall cost Iowa make up the only geologic forma- food safety. Next year, this Congress of farm programs was $32.3 billion, an- tion of its kind anywhere in the world should work to that end. I know my other record. Looking at it another outside the nation of China. These are colleague, Senator DURBIN from Illi- way, in calendar year 2000, U.S. farm- a national treasure. There is some nois, has a bill on that. Obviously, all ers will receive $23.3 billion in direct money in here to address some of the the bills will die at the end of this ses- payments from the Federal Govern- serious erosion problems in this very sion of this Congress, but we need to ment, but they will have a net farm in- unique geologic formation. join forces in a bipartisan fashion next come of only $45.6 billion. Over 50 per- There is money in here for research year. I believe there will be broad sup- cent—over half—of U.S. net farm in- into industrial lubricants made from port among food producers and con- come this year will come from direct soybeans and other commodities, for sumers to have a unified coordinated Government payments. In fact, last farm safety education, and for dairy re- structure for food safety here at the year in Iowa, USDA payments exceeded search and education. Federal level. our net farm income. I see my friend from Minnesota is I was also pleased to be able to work I can’t help but ask, whatever hap- here. I just joined him in Minnesota with Congressman WALSH of New York pened to the promises made by the yesterday. We traveled around the to include in this conference report im- backers of the so-called Freedom to State. I was reading an article—I think portant hunger relief measures. The Farm bill? They were going to ‘‘get the it happened in Minnesota, but if it provisions in this bill will significantly Government out of agriculture and let didn’t happen in Minnesota, it hap- help in making sure Americans who the free market work.’’ What do we pened in Iowa—where a little 3-year-old have high rent and utility costs, or who have? Commodity prices have crashed. boy got one arm and his other hand just happen to have a modest, reliable Farm program spending by the Govern- caught in a farm auger. I was reading automobile, can still receive food ment is at record levels, and farmers the tragic story of how the doctors stamp benefits they need to feed their are still being driven off the land by tried to reattach his arm and were un- families. The vehicle provision is espe- the thousands. Get the Government successful in doing so. So this young 3- cially important in rural areas where out? Farmers today are every bit, if year-old boy has lost his right arm and, people need to have a decent car to get not more, reliant on the Government I believe, his left hand because of an to town or to get to work. They should than they have ever been before. Free- accident on a farm. not be disqualified from food stamps dom to Farm did not get the Govern- Do we need funds for better research just because they own a modest, de- ment out of agriculture, but it sure has and education so that farmers and pendable vehicle. been successful in getting family farm- their families can be more safe in their I am also pleased that there were sig- ers out of agriculture. occupations? You bet we do. And that nificant increases in rural housing, Today our farmers plant for the Gov- is very worthwhile funding. sewer, and water assistance, and eco- ernment program. They market for the This bill also includes major in- nomic development support important Government program. They rely on the creases in funding for food safety ac- for rural America. I am, however, con- Government program for over half tivities at USDA and FDA. This has cerned about an increase in the fee for their net farm income. Already, Free- been a priority of mine for a number of rural housing. For the rural housing dom to Farm has cost $29 billion more years. For USDA, food safety funding loan assistance program, the fee was than its backers promised when it was will increase by $28.3 million; and for increased from 1 percent to 2 percent. passed in 1996. The emergency assist- FDA, the funding will increase by $30 That was included in the final measure. ance we have passed went to help a lot million. That means that for USDA I believe this hurts the ability of mod- of farmers. But it is a serious indict- and FDA we are fully funding the est-income families to become home- ment of the current Freedom to Farm President’s food safety initiative. That owners in rural areas. I will be working bill that Congress has had to provide is good, but there is a lot more we have to reverse that. emergency farm income assistance 4 to do in the way of food safety. This legislation also includes a sub- years in a row. And the way things are Last month, we had a hearing in the stantial amount of additional emer- going, we are going to have to add Agriculture Committee on food safety. gency spending to respond to the needs more in this fiscal year beyond what is Chairman LUGAR and I worked to- arising from various types of economic in this bill. gether to help set it up. In that hearing and natural disaster losses. Overall, We cannot any longer tolerate a farm we gathered some very telling informa- there is approximately $3.6 billion in policy that lurches from one emer- tion about the resources that we are emergency assistance, including com- gency spending measure to the next. It putting into food safety. The General pensation for crop production and crop is time for Congress to recognize that Accounting Office testified that in fis- quality losses, livestock and dairy as- Freedom to Farm has become ‘‘freedom cal year 1999, about $1 billion was spent sistance, and funding for the important to fail.’’ It has failed. We need to write on USDA and FDA food safety activi- emergency conservation and emer- a new farm bill, one that maintains the ties combined. Of that amount, USDA gency watershed programs. This emer- planning flexibility and the environ- received $712 million to inspect some gency assistance will be very impor- mental programs we all support—but 6,000 meat, poultry, and egg establish- tant to farmers who have suffered from that restores the income protection, ments. drought and severe weather in Iowa the farm safety net, the counter- FDA, however, received only $260 and many other States. cyclical programs that farmers need. million with which it had to inspect Over the past several years, Congress I listened to the debate last night. over 57,000 food establishments and has provided a good deal of emergency What I heard was Vice President GORE 9,000 animal drug and feed establish- assistance to farmers. In the past 3 say we need to change our farm pro- ments. So USDA gets $712 million. years, the emergency assistance has gram, we need a better safety net, we They have 6,000 establishments to in- amounted to over $22 billion. As I said, need better conservation programs spect. FDA got only $260 million. They in this bill there is an additional $3.6 that are voluntary, that we can put

VerDate 02-OCT-2000 01:45 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.098 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10675 more money into conservation, but to Minnesota. These are not huge farms, and wholesalers to import FDA-ap- provide a better income protection and these are family farms, yet they are proved prescription drugs, was well in- a countercyclical program for farmers. the ones being squeezed. The big ones tentioned and began as a creative way To the best of my knowledge and infor- that are perhaps farming thousands of to try to get lower cost drugs to sen- mation, Governor Bush has said he acres of land are getting huge pay- iors with important safety precautions. wants to stick with Freedom to Farm. ments of up to $300,000. That doesn’t If done correctly, this proposal would I think those who live in rural Amer- make sense. These large farms can pro- have been a real help to seniors, many ica and on our farms should know that, tect themselves, take care of them- of whom already travel to Canada and should know the data, the facts I have selves. If we are going to put the Mexico to buy medications at a frac- just laid out. Farm program spending money in for farmers, let’s help the tion of their U.S. price. But not every is at an all-time high, yet thousands of struggling family farms first. senior in Iowa or in other States is able farmer are still going out of business. I also want to talk about the Cuba to travel to Canada or to Mexico to get We need a new direction and a new provisions. I believe what is in this those drugs. farm bill. We need it soon. conference report on Cuba was really a Unfortunately, the provision in the Here is another aspect of the failure step backward. There is a superficial bill now is the product of a closed-door of the Freedom to Farm bill. Because sham opening of the embargo on agri- discussion. We were kept out. At the farmers are so heavily reliant on direct cultural shipments to Cuba from the last minute, we got some paper handed payments, Congress has stepped in this United States, but the restrictions are to us and we voted on it. I believe the year and last year to raise the payment so great that I do not believe it will authors have rendered it unworkable limitation for loan deficiency pay- amount to anything. Keep in mind that with language that will prevent any ments, what are known as LDPs, and no direct financing can be provided by importation of affordable FDA-ap- marketing loan gains. We have raised any U.S. financial institution to any- proved drugs. In spite of months of bipartisan work the payment limitation for loan defi- one who wants to sell products to to craft this language, the Republican ciency payments and marketing loan Cuba. Well, financing is a critical part leadership decided abruptly to take a gains to $150,000 instead of $75,000 of agricultural exports. Anyone knows partisan approach that is riddled with which was in the farm bill. It was done that. Yet no direct financing can be loopholes to minimize the impact of last year, and it is done again this year provided. You have to go to some third the new system. In fact, I think it may in this bill. country to get it. Also, the bill locks be completely unworkable. But there is a wrinkle that deserves into statute the travel restrictions The language includes a provision more attention. If an individual sets up that have been in place regarding Cuba, that reads as follows: partnerships or corporations, that indi- which are administrative. This locks The provisions of this section only become vidual can actually double the effective them into law. It will make it just that effective if the Secretary demonstrates to payment limitation. That means that, much harder to bring down the barriers the Congress that the implementation of this in reality, the payment limitation for to change in Cuba. section will: (1) pose no additional risk to the largest farms is now $300,000 for an We have had a failed policy on Cuba the public health and safety; and (2) result in individual. for 40 years now—a failed policy. This a significant reduction in the cost of covered I have to ask: How can we justify bill keeps us on the same path. Actu- products to the American consumers. paying out such large amounts of ally, what we are doing in this bill is What does all that language mean? I money to the largest farms while fam- the best thing we could ever do to keep asked in the conference: What does this ily farms are struggling to survive and Fidel Castro in power. If you want to mean? How is this to be done? I could going out of business? We are told that change things in Cuba, open it up and get no answer. Unfortunately, the way this payment limitation relief was ab- let people travel there. Open it up for the language was finally crafted, it solutely necessary, even to help fam- exports. Let our farmers travel there may not be possible to ‘‘demonstrate’’ ily-size farms. But in reality, only a and sell our goods and products in Cuba that the public will be adequately pro- very small share of farms actually re- without the restrictions this bill writes tected or to ‘‘demonstrate’’ that prices ceive any benefit from this increase in into law. That would be the single best will be substantially reduced. The language has other weaknesses the payment limit. thing we could do. But, no, we are in labeling and marketing that I be- The Environmental Working Group doing the same thing we have done for analyzed the USDA data and deter- lieve undermine its ability both to pro- 40 years. Someone once described in- tect the public from unsafe drugs and mined that fewer than five-tenths of 1 sanity as doing the same thing over percent of farms and farm businesses to lower costs. and over again and expecting a dif- In addition, the language crafted by that are receiving USDA payments ac- ferent result. We keep doing the same the Republican leadership requires the tually benefited from the payment lim- thing year after year after year with program to be terminated after 5 years. itation increase Congress approved in Cuba, and we expect some different re- This is going to have a chilling effect 1999. These 3,400 individuals and farm sults. It is time we change our Cuba on any private investment necessary to businesses received an average of policy. set up the distribution systems and the $148,000 under this program last year, Lastly, I want to talk about the issue lab testing facilities necessary to carry 14 times higher than the $7,200 received of drug reimportation. There was a pro- out the program and to make sure they by the average farmer. vision in this bill that would have al- are safe. We have similar numbers from the lowed pharmacists and wholesalers to In short, the drug reimportation sys- Office of the Chief Economist at USDA. reimport prescription drugs. tem in this bill is a charade. I hope the Based on data collected in the 1997 cen- The cost of prescription drugs is a American public will see right through sus of agriculture, they found that the critical issue. I have had meetings with this and recognize it for what it is: a number of farmers who might benefit seniors across Iowa to talk about the figleaf for the Republican leadership, for that year with the change included rising prices of medicines and their desperate to disguise the fact that they in this conference report is about prescription drugs. First of all, I must have done nothing this year to enact a 13,000, which is perhaps about 1.5 per- add that the most urgent and impor- meaningful Medicare prescription drug cent of the total participants in the tant thing I believe we can do here is benefit, which really is the only way Federal commodity programs. to enact a meaningful Medicare drug we can effectively provide access to af- So again, this doubling of farm pay- benefit for all seniors. We have it pend- fordable prescription drugs for our sen- ment limitations went to help just a ing, but the Republican leadership will ior citizens. very small percentage of farms of the not bring it up and let us vote on it. I Mr. President, how much time do I largest size. It seems to me, if we are think it is a disgrace that we have not have remaining? going to provide these amounts of acted on this issue before leaving this The PRESIDING OFFICER. The Sen- money, we should put it in to help the year. ator has 10 minutes 45 seconds. family size farms that are struggling, The drug reimportation amendment, Mr. HARKIN. I yield whatever time the kind of farms Senator WELLSTONE offered by Senators DORGAN and JEF- he needs of that remaining to the Sen- and I visited yesterday in southern FORDS, which would allow pharmacies ator from Minnesota.

VerDate 02-OCT-2000 01:45 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.101 pfrm02 PsN: S18PT1 S10676 CONGRESSIONAL RECORD — SENATE October 18, 2000 Mr. WELLSTONE. I say to my col- posed to be spend through the seven will be used to catalogue each type of league, I will only take 5 minutes if year life of the law. contract offered by packers to pro- that is all right with him. Again this year, Congress has failed ducers. Mr. HARKIN. How much time is the to address the impact of plummeting This appropriations bill also contains Senator going to use? farm incomes and the ripple effect it is vital emergency assistance for small Mr. WELLSTONE. I would rather the having throughout rural communities independent dairy producers. H.R. 4461 Senator keep some time, so 5 minutes and their economic base. I can assure will provide $473 million in direct in- will be fine. my colleagues that if we do not write a come relief payments to family dairy Mr. HARKIN. I have a couple of other new farm bill early next year, if the farmers throughout the nation. The things I need to say. only help family farmers get from money is targeted to small- and me- Mr. WELLSTONE. Mr. President, I Washington is unreliable, long delayed dium-scale farms who are in the midst rise to speak in support of this agri- emergency aid bills that are distrib- of a price crisis as a result of the wild culture appropriations bill. While it is uted unfairly, family farmers are not price fluctuations we have been seeing clear there are some significant short- going to survive. for the past few years. falls with regard to the prescription Family farmers deserve a targeted, Mr. President, in my state of Min- drug re-importation issue, which I will counter-cyclical loan rate that pro- nesota, dairy production is truly one of speak about later, on balance this leg- vides a meaningful level of income sup- the cornerstones of our economy. We islation will provide much needed help port when the market price falls below have 8,700 dairy farms in Minnesota, to family farmers, rural communities, the loan rate. Lifting the loan rate ranking us fifth in the nation in dairy and low income families. would provide relief to farmers who production. The average herd size of a I am pleased this legislation includes need it and increase stability over the Minnesota dairy farm is about 60 cows. substantial emergency assistance, $3.6 long term. We also need to institute Family agriculture is not just an im- billion, directed to family farmers in farmer-owned reserve systems to give portant element of our states heritage, Minnesota, and across the nation, who farmers the leverage they need in the it is vital to our future. But right now, are suffering from natural disasters, marketplace, and conservation incen- dairy farmers in Minnesota and historically low prices and increasingly tives to reward farmers who carry out throughout the country need relief. concentrated markets which have conservation measures on their land. Therefore, I am pleased this legislation largely been brought on by the failed We need a new farm bill. includes a provision, which I joined the 1996 Freedom to Farm Bill, or as I call In addition to the failed farm bill, I Senators from Wisconsin in proposing, it the Freedom to Fail Act. have found that family farmers rank to provide $473 million in targeted Specifically this legislation will pro- the lack of competitive markets as a emergency payments to dairy farmers vide $1.6 billion to producers who have major factor to explain the price crisis nationwide. been devastated by lost crops due to that is devastating rural America. I continue to see the urgency of this natural or weather related disasters. In While there can be no argument that is aid, especially as we in Minnesota my state of Minnesota, 7 to 10 inches of the majority in Congress has failed to lose dairy farms at a rate of three per rain fell in early June in the Red River pass, or even consider, legislation, such day. This will put money in the pock- Valley, which destroyed what promised a I and others have proposed, to deal ets of dairy farmers soon, when they to be a bumper crop, and has forced with the rash of agribusiness mega- need it, not a year from now when hundreds of family farmers to clean up mergers, this appropriations bill has many of them will have already sold flood damages for the eighth consecu- taken some positive steps. their cows. However, it is, like last tive year. The Minnesota Farm Service Included in this legislation is an in- year’s funding, merely a bandage to agency tell us that almost 400,000 acres crease in the Grain Inspection, Packers stop the bleeding. Dairy farmers every- of crops have been destroyed in Min- and Stockyard Administration’s, where need meaningful policy reform. nesota. While crop insurance will cover GIPSA, budget to fund essential pro- In order to achieve a fair, sustainable some of the losses, this additional grams that ensure competitive mar- and stable long term price, we need a emergency assistance will be necessary kets and fair prices for our independent dairy price support program that is set for many family farmers in the region. livestock producers. I am pleased to at a level sufficient to curb the current This part of Minnesota, largely de- say that this increase, which I had pro- market volatility. pendent on a poor farm economy, has posed during Senate consideration of In addition, H.R. 4461 contains sig- been devastated by successive years of the Agriculture appropriations bill, nificant increases in rural development floods that have forced many off the will result in an increase of $4.151 mil- programs to help rural communities farm. And this rain storm affected lion over the Senate approved bill. make it through these difficult eco- other areas of my state including local- As many of my colleagues know, this nomic times. Furthermore, I am ized portions of Southeast Minnesota. is essential funding that will help bol- pleased the bill contains a provision I Overall twelve counties in Minnesota ster GIPSA’s market concentration ac- added to provide $3 million in grants to have been affected by major disasters tivities. For several years, livestock promote employment of rural residents and experienced major crop losses. producers have expressed their concern through teleworking. Telework is a It is vitally important that this dis- over evermore concentrated markets, new method of doing work that will aster aid get out to producers quickly. as well as extreme frustration over allow information technology jobs to However, it is also vitally important what they perceive as inadequate gov- be a part of diverse, sustainable rural that we take some action to deal with ernmental action to ensure fair and economies while helping IT employers the root problems in agriculture pol- competitive markets. Consequently, find skilled workers. Specifically, icy. GIPSA has been asked to assume a telework is the use of telecommuni- As many of my colleagues know, the more prominent role in ensuring com- cations technology, like the Internet, 1996 farm bill has proven to be a total petitiveness and fairness in the live- to perform work functions over a dis- failure. By destroying any safety net stock industry. GIPSA is conducting a tance instead of at the traditional for family farmers and capping loan growing number of investigations on workplace of the employer. This provi- rates at artificially low levels, the 1996 market concentration in agriculture, sion will allow rural communities to bill has left farmers vulnerable to the within shorter time frames, using in- access federal resources to implement sever economic and weather related creasingly sophisticated economic and locally designed proposals to use events of the past three years, result- legal analysis. telework as a tool for rural develop- ing in devastating income losses. And Examples of what this money will be ment. This represents a critical oppor- while the premise of the Freedom to used for include: anti-competitive be- tunity for diversification and revital- Farm bill was to ‘‘get the government havior investigations; rapid response ization of rural economies. out of agriculture’’ the Federal govern- teams that are utilized for time sen- This bill also takes some important ment has been forced to spend more on sitive issues that require expeditious first steps to ensure that all low-in- disaster packages—over $25 billion— investigations to protect small family come families receive the food stamps over the last four years than was sup- producers; and a contract library that they need to prevent hunger and ensure

VerDate 02-OCT-2000 01:45 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.103 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10677 adequate nutrition. The bill incor- the price in Canada or Mexico or Eu- Either of these loopholes could pre- porates an amendment I offered to re- rope. These are the exact same drugs, vent the reimportation of prescription quire a study in the next 180 days so we manufactured in the exact same facili- drugs, which is why they should never can learn what obstacles families face ties with the exact same safety pre- have been allowed to remain in the when they try to get food stamps, as cautions. Minnesotans know this be- final bill. The Secretary of Health and well as why the rolls have declines so cause they can drive to Canada and see Human Services is given broad author- dramatically in recent years. There is the price differentials for themselves. ity to draft regulations to facilitate a growing sense that the Food Stamp Driving to Canada every few months importation of FDA-approved prescrip- Program is not functioning adequately to buy prescription drugs at affordable tion drugs, which gives me some hope. in assisting working poor families and prices isn’t the solution, nor is it an But the Secretary’s authority does not helping to ‘‘make work pay.’’ Although option for most Americans. lessen my outrage or that of my Demo- eligibility for food stamps is no longer That is why I introduced with Sen- cratic colleagues about the process tied to welfare receipt, the dramatic ator DORGAN the International Pre- which resulted in those major loop- declines in the cash assistance rolls ap- scription Drug Parity Act, and with holes going unaddressed. It is unfortu- pear to have resulted in large numbers Senator JEFFORDS the Medicine Equity nate that the productive bipartisanship and Drug Safety Act, two bills designed of eligible low-income families failing which had prevailed during the past to amend the Food, Drug, and Cosmetic to receive the food stamp assistance for year to pass this bill was discarded in Act to allow American pharmacists which they qualify, including many the last, critical hours. and distributors to import prescription families who have moved from welfare This needn’t have happened. There drugs into the United States as long as to work. This study will help us under- was an effort when the conference met the drugs meet the Food and Drug Ad- stand the kinds of policy and program to close the loopholes, ensuring that ministration’s (FDA) strict safety implementation decisions we need to the pharmaceutical industry could not standards. Under these proposals, phar- make in order to better ensure that make en end run around the effective macists and distributors would be able working poor families in this country implementation of this bill. But, given to purchase these drugs—often manu- are not going hungry. the choice of standing with American factured right here in the U.S.—at The bill also includes two provisions consumers, especially America’s senior lower prices overseas and then pass the from the Hunger Relief Act—one which huge savings along to American con- citizens, or the most profitable indus- will raise the vehicle allowance, and sumers. try in America, Republicans chose the one which will raise the shelter cap de- This legislation has evolved quite a industry that has sought to undermine duction, for families receiving food bit through the legislative process. this bill from the start. stamps. This provision means that Early in that process there had been While I am saddened about the working parents who are dependent on two constants: bipartisanship in seek- missed opportunity to produce a a car to get to and from work will still ing lower prices for American con- stronger, water-tight legislative prod- be able to get the food stamps that sumers and opposition every step of the uct, I do believe the present bill is an they need, and parents who spend more way by a pharmaceutical industry bent improvement over the status quo, and than 50 percent of their income on rent on preserving profits. continues to have the potential for because they live in communities that We were on the verge of producing a lowering prescription drug prices here lack available affordable housing will strong bipartisan final result until the in the United States. If however, the also now be better able to get the food process was hijacked by the Republican pharmaceutical industry takes advan- stamps that provide critical nutri- leadership. Rather than a bipartisan tage of the Republican-tolerated loop- tional supports for themselves and bill that would guarantee Americans holes, then I will be back next year their children. This is a very important the opportunity to share in lower drug with legislation to close those loop- first step, and I now hope that we will prices which are available everywhere holes and make this law work. see the remaining provisions in the else in the world, Republicans fell in Mr. President, again, I intend to sup- Hunger Relief Act enacted before the line with the pharmaceutical industry port this agriculture appropriations end of this session. In particular, it is and shut the door on closing loopholes bill. I thank my colleagues on the critical that we restore food stamp which would protect the rights of floor, Senator COCHRAN, Senator KOHL, benefits to post-96 legal immigrants as American consumers to affordable, safe Senator HARKIN, and others for their soon as possible. prescription drugs. very good work. Mr. President, now let me turn to the Following after their leadership, Re- I speak as a Senator from an agricul- prescription drug import provision publican members of the Agriculture tural State. I want mention the emer- which is included in this conference re- appropriations conference committee gency assistance. It is much appre- port. This is legislation designed to ditched the bipartisan process, jetti- ciated. We have gone through some dif- correct the injustice that finds Amer- soned legislative language that would ficult times. We have had flooding and ican consumers the least likely of any have assured American consumers ac- we have had scab disease, and that on in the industrialized world to be able to cess to affordable drugs, and left open top of record-low prices and record-low afford drugs manufactured by the for the pharmaceutical industry loop- farm income, which has led to a lot of American pharmaceutical industry be- holes that could defeat the purpose of economic pain. I thank my colleagues cause of the unconscionable prices the this legislation. for their very good work. industry charges only here in the What language was unilaterally re- Second of all, let me especially thank United States. jected by the Republicans? First, was a Senator KOHL and Senator HARKIN for Mr. President, I meet with many con- provision that would have required their work. I had an amendment on the stituents, but none with more compel- manufacturers to provide access to floor to get some additional money for ling stories than senior citizens strug- their FDA-approved U.S. labels. Cur- GIPSA. They helped me in conference gling to make ends meet because of the rently, when drugs are reimported to committee. I thank Senator COCHRAN high cost of prescription drugs—life- the United States by drug companies, as well. I really want GIPSA to be saving drugs that are not covered they must be relabeled with the FDA about the work of looking at the prob- under the Medicare program. Indeed, it approved label. This new provision lem of concentration of power. So is shameful that this Congress has would have assured other importers ac- many of our livestock producers are failed to enact a prescription drug ben- cess to those required labels. Without not getting a fair shake. The IBPs and efit under Medicare available to all that requirement, manufacturers could ConAgras of this world are muscling beneficiaries. stonewall importation by not providing their way to the dinner table and mus- But the issue is not just Medicare’s the labels. Second, was a provision that cling family farmers off the farm. I lack of coverage. The unfairness which prevents manufacturers from entering think it is important that GIPSA be Minnesotans feel is exacerbated by the into agreements with their foreign dis- able to look at this whole problem of high cost of prescription drugs here in tributors that interfere with the resale an increasing concentration of eco- the United States—the same drugs that of prescription drugs back into the nomic and, I argue as well, political can be purchased for frequently half United States. power.

VerDate 02-OCT-2000 01:45 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.052 pfrm02 PsN: S18PT1 S10678 CONGRESSIONAL RECORD — SENATE October 18, 2000 Third of all, let me thank Senator I am disappointed the way this con- told no; Bonnie Campbell’s nomination KOHL, in particular, for his fine work ference was done. I think this is a step came too late. It is too late when we on some direct income relief payments forward. But I would like to have seen have a Democratic President and a Re- for dairy farmers. I think we have much more. publican Senate. But it wasn’t too late about 473 million nationwide. We have I certainly think you have to have when we had a Republican President 8,700 dairy farmers in the State of Min- prescription drug benefits added onto and a Democratic Senate. nesota. Again, record-low prices have Medicare if you are going to really pro- Nine hearings; nine referred; nine been a nightmare for these farmers. I vide the help people need. I think we confirmed in 1992. Here we are in the thank Senator KOHL for his good work. should have done more. year 2000: Seven nominated; two had I am proud to be a part of this. I thank Senator JEFFORDS for the hearings; one referred; and one con- There is also in this bill a provision work he has done on this amendment. firmed. that I think is historically significant. I was proud to be a part of it. Who is the one who had the hearing It only starts out with $3 million, and We have to write a new farm bill. We that has not been referred? Bonnie this is going to be done within USDA, have to focus on getting farmers a de- Campbell. What a disgrace. What a obviously. This is going to be a cent price in the marketplace. shame. What a slap in the face to an telework program where we will try to I yield the floor. outstanding individual who has done set up some models, centers of distance The PRESIDING OFFICER. The Sen- well in the field of law. I haven’t heard learning, whereby farmers and other ator from Iowa. anyone—Republican or Democrat—say rural people with strong ethics and Mr. HARKIN. Mr. President, I thank that she hasn’t performed superbly in who want to work are going to be able my colleague from Minnesota. We al- running the Office of Violence Against to get training and be connected with ways run out of time around here when Women. Her performance is reflected in information technology companies and we get into a good debate. the House’s 415 to 3 vote to reauthorize find employment at good wages but do THE BONNIE CAMPBELL NOMINATION the act and the Senate’s 95 to 0 vote on it out of farm, out of home, or satellite Mr. HARKIN. Mr. President, as I that legislation. office—do the telework. have done repeatedly every day we I will, as I do every day, ask unani- I think this is one of the most impor- have been here for the past few weeks, mous consent to discharge the Judici- tant things we have in this bill. I am I want to talk about the stalled nomi- ary Committee on further consider- very excited about it. Many people in nation of Bonnie Campbell for the ation of the nomination of Bonnie Minnesota who transcend all political Eighth Circuit Court of Appeals. Campbell, the nominee for the Eighth boundaries helped on this. I understand the Judiciary Com- Circuit Court, that her nomination be Let me also thank in particular Sen- mittee of the Senate has again sched- considered by the Senate immediately ator HARKIN. He fought it out in con- uled an executive meeting for tomor- following the conclusion of action on ference committee, getting us back to row morning at 9:30 a.m.—I guess to the pending matter, that the debate on the Food and Nutrition Service—going talk about subpoenas for the Depart- the nomination be limited to 2 hours out there and after 180 days in the field ment of Energy, and something else. equally divided, and that a vote on her came back with a report telling us why I had my staff do an inquiry, and I nomination occur immediately fol- there has been such a steep decline in found out that Bonnie Campbell’s name lowing the use or yielding back of that food stamp participation. The Food is not on the agenda. time. Stamp Program is a major safety net We are in session. We are in session Mr. COCHRAN. Mr. President, I ob- program to make sure children do not tomorrow. We are going to be in Fri- ject. go hungry. We want to know why there day. We are going to be here next week, The PRESIDING OFFICER. Objec- has been such a severe decline in par- yet the Judiciary Committee again re- tion is heard. ticipation. I wish there had been a 30- fuses to allow Bonnie Campbell’s name Mr. HARKIN. Mr. President, I knew percent decline in poverty in this coun- to come out for a vote. It is bottled up. it would be objected to. But I am going try. There has been no such decline. All we want is a vote. to do it every day to make the point There has been a dramatic rise in food Bonnie Campbell has strong bipar- that her name is unfairly being bottled shelters and pantries. We know a lot of tisan support. Both Senators from Iowa up in the Judiciary Committee. No one people are not getting the help they support her. Senator GRASSLEY, a Re- has said she is unqualified, or anything need. publican; I, a Democrat. such as that. I thank my colleagues for supporting She has great support from law en- I can only assume it’s that the Re- this issue. I thank Senator KENNEDY forcement and service groups. We just publicans figure maybe their nominee for his fine work on the Hunger Relief had a big debate and an overwhelming will win the Presidency, and all of Act. vote last week to reauthorize the Vio- these will fall by the wayside, and, Senator COCHRAN has a longstanding lence Against Women Act. Senator rather than Bonnie Campbell, we will commitment to these issues as well. after senator got up to speak about have somebody else. Maybe that is the I think it is important that we do how great it was. It has been a good way they feel. But that is not the way some revisions when it comes to shel- law. It has done a lot of good. The one to run this place. ters, as well as dependency on car and person who has been primarily respon- Once you go far down that road, it transportation in allowing more people sible for the implementation of that may be pretty hard to turn back. to be eligible for food stamp assistance. act since its inception has been the Times change. There will be a time Finally, on the International Pre- head of the Office of Violence Against when there will be a Republican in the scription Drug Parity Act, I don’t Women in the Justice Department. White House and the Senate will be know that I am in complete agreement Who has that been? Bonnie Campbell. Democratic. Do we want to repeat the with Senator HARKIN, but I know what She has done a great job. She is the same thing this year? Do we want to go he is saying. former attorney general of the State of down that road? Is that what this place I did this amendment with Senator Iowa, now standing in glory in her own has become? If you start it on that JEFFORDS and Senator DORGAN, origi- right. Yet her nomination is bottled up side, that is what is going to happen, nally. I think when it went to the con- in the Judiciary Committee. because when the Democrats take ference committee there was some ef- I ask again: Why is she being bottled charge, they’ll look back at what hap- fort to make sure we would tighten it up? pened in the year 2000. We shouldn’t go up. In particular, I think there is a Look. In 1992, when we had a Repub- down that road. concern that the pharmaceutical com- lican President and a Democratic Sen- ALTERNATIVE DISPUTE RESOLUTION panies will make it difficult, for exam- ate, we had 14 nominations for circuit Mr. LEVIN. Mr. President, we have ple, for the Canadians to be involved in court judges in 1992 during an election before the Senate the fiscal year 2001 a reimportation of those drugs back to year. Nine of them had hearings. Nine Agriculture Appropriations conference this country. I think we could have of them were referred, and nine were report (H.R. 4461). Included in this bill done better on the language. I think confirmed, including one in October is funding which will, among other there are too many loopholes. right before the election. Yet we are things, assist our Nation’s farmers, aid

VerDate 02-OCT-2000 02:23 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.104 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10679 rural development, preserve delicate would ask my colleague if it is his un- Service Agency office in Indianapolis ecosystems and provide food assistance derstanding that the Senate’s intent estimated that the disease may be re- to our Nation’s most needy individuals. can be carried out by USDA Rural De- sponsible for Indiana watermelon However, I am concerned about several velopment under existing authority. losses of up to $4.7 million. recent reports conducted by the Mr. KOHL. I am happy to clarify this Despite ongoing study, scientists at USDA’s Office of Inspector General, for my colleague. He is correct. The Purdue University have not yet deter- and a report by the General Account- Distance Learning and Telemedicine mined what causes the disease, includ- ing Office (GAO) that criticizes the Loan and Grant Program was designed ing whether or not adverse weather is a ability of USDA’s Office of Civil Rights by Congress to enable rural commu- contributing factor. As a result, it ap- to process and resolve civil rights cases nities to improve the quality of edu- pears unlikely that Hoosier water- in a timely fashion. I recognize that cational opportunities and medical melon growers affected by this problem Secretary Glickman has done much to service. I believe strongly that edu- will be eligible for assistance under remedy the civil rights problems he in- cational opportunities include worker USDA’s existing disaster programs or herited when he became Secretary, and retraining and transitional education. for assistance provided by other sec- I encourage him to continue these ef- Applicants can partner with local busi- tions of the agriculture appropriations forts. nesses or businesses considering mov- conference report. Assistance in these Mr. TORRICELLI. I share the con- ing into a rural area. Schools, commu- cases is generally limited to weather- cerns held by the Senator from Michi- nity colleges, and other teaching insti- related crop losses. As a result, full im- gan about USDA’s ability to address tutions partner with the private sector plementation by the Secretary of Agri- civil right cases in a timely fashion. today. Within that mandate, this is a culture of the emergency compensation Failure to resolve civil rights cases in- program that is truly limited only by authority provided by section 804 is im- volving access to USDA farm programs the innovation of the rural commu- portant. delays justice and threatens the af- nities it serves. I must note, however, that section fected farmer’s well-being. The Sec- Mr. WELLSTONE. I appreciate this 804 permits, but does not require, the retary of Agriculture needs to use his clarification, and I ask my colleagues’ Secretary of Agriculture to provide authority to provide independent and indulgence for one further question. compensation to growers due to water- neutral alternative dispute resolution Would it also be correct that USDA melon sudden wilt disease and other (ADR). Rural Development should promote new and emergent pests and diseases. Mr. KOHL. Both Senators make im- employment of rural residents through Is it the intent of the bill’s managers portant points. The Senate has ac- teleworking not only through the use that the Secretary of Agriculture fully knowledged the important role that al- of the DLT Program, but also through implement the authority provided by ternative dispute resolution plays in other programs such as the rural busi- section 804? addressing civil rights matters. ness and the Community Facilities Mr. COCHRAN. Yes, the managers in- Mr. LEVIN. Both the distinguished Program? These programs might allow tend that the Secretary of Agriculture Senator from New Jersey and myself funds to be used to provide employ- fully implement section 804 which pro- have constituents who have encoun- ment-related services or high speed vides authority to compensate growers tered significant delays from USDA in communications services which may be for crop losses due to new and emer- addressing their civil rights cases. We necessary to make telework a reality gent pests and diseases: including want to do all we can to be certain in rural communities. Mexican fruit flies, plum pox virus, that, when applicable, the Secretary of Mr. KOHL. My colleague is correct. Pierce’s disease, grasshoppers and Mor- Agriculture will ensure the Depart- Again, USDA Rural Development mon crickets, and watermelon sudden ment’s participation in an independent should be encouraged to be innovative, wilt disease. Senator LUGAR, as you and neutral ADR process as expedi- within their statutory authority, in noted, section 804 is designed to pro- tiously as possible. making grants for the purpose of pro- vide compensation to growers for crop Mr. TORRICELLI. I agree with my moting telework. In addition, USDA losses due to several new and emergent good friend from Michigan that the should use rural development programs pests and diseases, none of which may Secretary of Agriculture has the au- in a manner that will allow rural com- necessarily be a weather-related prob- thority to resolve these matters. munities to best take advantage of the lem. Full implementation of section Mr. KOHL. I appreciate these com- potential of new technology and new 804 is necessary for growers to receive ments and agree that this is a serious methods of doing work, such as compensation for these various prob- matter that ought to be addressed by telework, in building sustainable, di- lems. USDA. verse rural economies. FRUIT FLY EXCLUSION AND DETECTION TELEWORK WATERMELON SUDDEN WILT DISEASE PROGRAM Mr. WELLSTONE. Mr. President, Mr. LUGAR. Mr. President, section ∑ Mrs. FEINSTEIN. Mr. President, I will my friend form Wisconsin yield for 804 of H.R. 4461, the conference report rise today with the chairman and rank- the purpose of a colloquy regarding the on the fiscal year 2001 agriculture ap- ing member of the Agriculture Appro- telework provision of the conference propriations bill, provides the Sec- priations Subcommittee to discuss one report. retary of Agriculture with emergency of the greatest threats facing Cali- Mr. KOHL. I yield to my colleague authority to compensate growers for fornia growers and farmers across the from Minnesota for that purpose. crop losses due to new and emergent nation—infestations of disease-car- Mr. WELLSTONE. The Senate adopt- pests and diseases, including water- rying pests which can potentially de- ed an amendment to the Agriculture melon sudden wilt disease. stroy entire crops. Just this past year, appropriations bill that directed $3 Senator COCHRAN, I want to thank California has been victimized by a million to be spent for employer out- you for including watermelon sudden number of pest infestations that have reach, education, and job placement wilt disease in the list of problems ad- resulted in significant quarantine and under the USDA/Rural Utilities Service dressed by section 804. This disease, eradication programs. California’s $1 Distance Learning and Telemedicine which is characterized by wilting billion nursery industry is being Program (DLT). The conferees have leaves and collapsing vines, often re- threatened by red imported fire ants. changed this provision to report lan- sults in the death of mature water- The $2.8 billion grape industry faces guage. melon plants. The disease became a complete destruction due to an infesta- We have a tremendous need in our problem in southwestern Indiana last tion of the glassy winged sharpshooter rural communities to take advantage year and has become a much more seri- which spreads Pierce’s disease, and of today’s technology and information ous problem in the region this year. there is no known cure. revolution. I believe, because it essen- Last year, Indiana farmers grew $11 Mr. KOHL. I am aware of concerns tially allows distance to be erased, million worth of watermelons, ranking expressed by the senior Senator from telework is a promising tool for rural sixth in the nation. This year produc- California that several months ago a 72 development and for making rural and tion will likely be significantly less. square mile quarantine affecting 1,470 reservation economies sustainable. I On September 19, 2000 USDA’s Farm growers of at least 20 specialty crops

VerDate 02-OCT-2000 02:38 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.058 pfrm02 PsN: S18PT1 S10680 CONGRESSIONAL RECORD — SENATE October 18, 2000 was finally removed. I am told that no Initiative, which is coordinated by an estry, Conservation, and Rural Revital- pre or post harvest treatment for many interagency committee to assist com- ization, which I chair, held an over- of these crops was provided by the munities seeking technical assistance sight hearing on the operations and ac- USDA and that two fruit flies caused and opportunities for Federal grants. I complishments of the NRDP and almost 150 growers to loss virtually would like to point out that this initia- SRDCs. The Subcommittee heard from their entire harvest, costing almost $3 tive has proven to work well for par- a number of witnesses, including offi- million. The Fiscal Year 2001 Agri- ticipating communities in my state cials of the U.S. Departments of Agri- culture Appropriations Bill contains and others. culture, Transportation, and Health & language directing the Secretary of Mr. L. CHAFEE. While the language Human Services, state agencies, and Agriculture to use funds from the Com- in this conference report places a limi- private sector representatives. The modity Credit Corporation to com- tation on assistance by NRCS for ac- hearing established the need for some pensate these growers. I expected that tivities related to the American Herit- legislative foundation and consistent this assistance will be provided in a age Rivers, it should not be intended to funding. I was recently joined by 27 timely and efficient manner. penalize or disadvantage communities Senators in introducing legislation to Mrs. FEINSTEIN. I appreciate both that seek or apply for grants and tech- accomplish this. the chairman and ranking member’s nical assistance. There is no specific The legislation formally recognizes willingness to work with me on this limitation in this conference report the existence and operations of the issue. Due to this loss of income, a that would preclude the NRCS from un- Partnership, the National Rural Devel- number of growers are currently un- dertaking other authorized activities opment Council (NRDP) and SRDCs. In able to pay their bills or prepare for that are similar to those provided addition, the legislation gives specific next year’s crop. under the American Heritage Rivers responsibilities to each component of Initiative. Would the Chairman and the This assistance is desperately needed, the Partnership and authorizes it to re- Ranking Member agree with this inter- but I believe that more emphasis must ceive Federal appropriations. be placed on preventing future infesta- pretation? This legislation was not passed in tions. I am heartened to see that in Mr. COCHRAN. Yes. Mr. KOHL. Yes, that is correct. time for the FY2001 appropriations Fiscal Year 2001, the USDA will hire 17 process, so funding is necessary to keep AMERICAN HERITAGE RIVERS new agriculture inspectors for the San the program viable until the legisla- Diego ports of entry. This is a badly Mr. COCHRAN. Mr. President, the conference report includes funding for tion can be passed. Mr. Chairman, it is needed first step. We also need to in- my understanding that there is no crease the federal investment in Cali- American Heritage Rivers program under the Conservation Operations and funding earmarked or specified within fornia’s Medfly Preventive Release the Agriculture Appropriations con- Program. If California’s fruits were Watershed Surveys and Planning ac- counts of the Natural Resources Con- ference report for this program. How- quarantined from all foreign markets servation Service, NRCS. Funding for ever, the Secretary has made discre- because of Medfly infestations, the this program is limited to that re- tionary funds available for this pro- State estimates that 35,000 jobs would quested in the President’s budget. It is gram in the past and it is my hope he be lost and economic output would be my understanding that there are com- would continue to do so, and that we reduced by $3.6 billion. can encourage him in this regard, until Mr. COCHRAN. I understand the munities which are in the final stages of being included in the American Her- freestanding legislation can be passed. challenges facing California’s growers. Mr. BURNS. I would like to join Sen- The Administration’s budget request of itage Rivers program, including Vicks- burg and Natchez, Mississippi. ator CRAIG in support of the National $31.91 million for the Program ear- It is not our intention to limit these Rural Development Partnership. This marks only $300,000 for equipment and funds to those communities that were program is extremely important to maintenance of the State’s Preventive included in the program when the states like Montana, where we have a Release Program. The fiscal year 2001 budget was submitted. Further, if addi- large rural population and long dis- Agriculture appropriations bill pro- tional communities are added during tances between our towns. I would hope vides $32.61 million for the Fruit Fly fiscal year 2001, they should be eligible that the Secretary of Agriculture will Exclusion and Detection Program. The for all funds available for the American continue to fund the NRDP and provide $700,000 above the Administration’s re- Heritage Rivers program. Also, tech- additional funds for the future expan- quest is to be used to enhance the re- nical assistance can be provided, with- sion of this very important program. lease program and detection trapping out limitation, by the NRCS to farmers Mr. GORTON. Washington state’s in California. or communities in an American Herit- rural communities have also benefited Mrs. FEINSTEIN. Again, I thank the age River designated area. by the National Rural Development chairman and ranking member for NATIONAL RURAL DEVELOPMENT PARTNERSHIP Partnership, particularly those regions their courtesy and understanding. On Mr. CRAIG. Mr. President, first I that have been forced from their nat- behalf of California’s growers, I want would like to thank Chairman COCHRAN ural resource-based economies. For the to express my appreciation for your ef- and Senator KOHL for the hard work sake of those who have come to rely on forts to help shield the State from fu- the NRDP, I would sincerely hope the ∑ they have put into the Fiscal Year 2001 ture fruit fly infestations. Agriculture, Rural Development, Food Secretary of Agriculture would take AMERICAN HERITAGE RIVERS and Drug Administration, and Related into consideration the few remaining Mr. KERRY. Mr. President, I would Agencies Appropriations bill. It is a resources available to these commu- like to clarify for the record the intent challenging process, and they have nities when allocating discretionary of language included under funding for done an excellent job balancing com- funds in the future. the National Resources Conservation peting interests within the confines of Mr. JEFFORDS. I would like to echo Service (NRCS) of the Agriculture Ap- a balanced budget. my colleagues’ support of the National propriation fiscal year 2001 bill. I want I wish to engage in a colloquy with Rural Development Partnership and its to point out that interagency coordina- the distinguished Chairman of the Sub- affiliates, state rural development tion of federal resources is desirable committee regarding the funding for councils. These councils, in Vermont and certainly something many of us the National Rural Development Part- and over 35 other states, are playing an have been supporting as a way to elimi- nership (NRDP) and state rural devel- important role bringing together the nate unnecessary activities and spend- opment councils (SRDCs). As you may many governmental and non-govern- ing. We don’t want to spend money in be aware, NRDP and SRDCs have al- mental entities that work to improve Washington duplicating positions and ways depended on allocations of discre- conditions in rural areas. I sincerely processes. We want money in the field tionary funds from USDA and four hope that Secretary of Agriculture will helping local communities. The NRCS other federal agencies. They have continue to support this program while ‘‘Conservation Operations’’ and ‘‘Wa- never had a stable and predictable authorization legislation is finalized by tershed Surveys and Planning’’ funding source of funds. the Congress. sections contain specific language that Earlier this year, the Committee on Mr. COCHRAN. I commend the Sen- refers to the American Heritage Rivers Agriculture’s Subcommittee on For- ators for their interest in this program.

VerDate 02-OCT-2000 01:45 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.061 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10681 I want to assure the gentlemen that it nesota communities for the develop- the Korean Peninsula. But I think it is is the Committee’s belief that the Sec- ment of small transfer stations, to im- fair to say that North Korea, with its retary of Agriculture should continue prove recycling and better manage missile programs and hostile govern- to provide funding from discretionary solid waste. ment, represents a much greater threat amounts for this program. Mr. KOHL. Mr. President, I appre- to the United States than Cuba. Cuba THE INITIATIVE FOR FUTURE AGRICULTURE AND ciate the Senator’s attention to this no longer seeks to export revolution to FOOD SYSTEMS issue. He is correct to point out the its neighbors and is no longer financed Mr. HARKIN. Mr. Chairman, I note positive role of the Rural Community by the Soviet Union. Yet there have the language in the bill specifying cer- Assistance Programs in helping carry been no high level meetings of Cuban tain institutions that may receive out this and other important activities and American officials held to explore grants under the Initiative for Future in rural areas. The Senator is aware the possibility of improving relations Agriculture and Food Systems. I would that the President requested $5 million between two close neighbors. In fact, it ask the distinguished chairman if it is for these solid waste grants for fiscal has been quite the opposite—no one his understanding that the program year 2001. But whereas there is a gen- above the rank of Deputy Assistant may continue to be carried out in the eral acknowledgment of the effective- Secretary in our government can visit same manner as during fiscal year 2000 ness of the program, we are abe to fund Havana or conduct discussions with as authorized by law. the program only to a level of $2.7 mil- Cuban officials about such matters. To Mr. COCHRAN. This language does lion in this bill, due to broader fiscal say that our policy is incredibly not intend to create any additional re- constraints. In view of that limitation, skewed when it comes to matters re- strictions beyond the restriction on I think the Senator is correct to urge lated to Cuba is an understatement. which institutions are eligible to re- the Department to give special consid- Emotions and raw domestic politics ceive grants. eration to those very small, often poor, prevent us from having normal dis- SOLID WASTE MANAGEMENT GRANT PROGRAM rural communities which can be the course with a small island 90 miles off Mr. WELLSTONE. Mr. President, I hardest to serve. For that reason, I our coast while, at the same time, we ask consent to engage in a colloquy agree, and I believe the subcommittee are trying to normalize relations with with my colleague, Senator KOHL, the would agree, that the Department communist North Korea. A contradic- ranking member of the Appropriations should be urged to consider directing tion? I think so. Subcommittee on Agriculture, Rural up to $1 million of the solid waste We cannot have our cake and eat it Development and Related Agencies. In grants to the regional Rural Commu- too. By singling out Cuba for highly re- particular, I would like to discuss the nity Assistance Programs, which have strictive treatment, while throwing the Department of Agriculture’s solid an excellent record of serving such door wide open for countries like Iran waste management grant program, communities. and Sudan, we are casting ourselves as funded as a line item within the utili- Mr. DODD. Mr. President, I rise hypocrites in the realm of foreign pol- ties section of the Rural Community today to speak once again about the icy, and we are arbitrarily rewarding Advancement Program. Authorized in Agriculture appropriations conference one oppressive regime while casti- section 310B(b) of the Consolidated report, and specifically to comment on gating another. Farm and Rural Development Act, two major provisions that cause me American farmers will not be de- these grants allow public agencies and grave concern. One relates to several ceived for very long by supporters of nonprofit organizations to provide aspects of U.S.-Cuba policy, and the this language who are assuring them technical assistance to local commu- other to the reimportation of prescrip- that they will indeed be able to sell nities for reducing water pollution and tion drugs from abroad. I spoke on Oc- their crops in Cuban markets. It will improving solid waste management. tober 6, when the language first be- quickly become apparent the first time I ask the Senator, whose State is a came public, at some length about my they try to put together a deal that the neighbor of mine, whether he agrees opposition to the Cuba provisions in complexity of the law makes it vir- with, and whether it is his under- the conference report. At that time, I tually impossible to complete a sale to standing that the subcommittee would also expressed support for other provi- that country. support, my urging USDA to direct up sions of this legislation that dramati- Furthermore, the codification of ex- to $1 million of the solid waste man- cally loosen the licensing and financ- isting travel restrictions on Americans agement grants to the regional, non- ing restrictions on sales of food and wishing to travel to Cuba is shameful profit, technical assistance organiza- medicine to other countries that have and irresponsible. By passing this bill, tions known as Rural Community As- been designated as terrorist states— we take away the administration’s dis- sistance Programs. These organiza- North Korea, Iran, Sudan, and Libya. cretion to grant licenses on a case-by- tions have done an outstanding job I continue to find it appalling that case basis in circumstances that do not serving the smallest, poorest and hard- Cuba has been singled out for more re- fall into the now codified categories of est to serve rural communities in the strictive treatment than the other permissible travel, significantly harm- Midwest and across the country. The countries I have just mentioned, who ing our ability to work to change Rural Community Assistance Pro- are far more of a potential threat to Cuban society. These restrictions are grams are key partners within USDA’s U.S. foreign policy and national secu- unfair, hypocritical, and inexplicable Rural Community Advancement Pro- rity interests than Cuba has ever been. to average Americans who believe that gram. Their nationwide network of I would call my colleagues’ attention their right to travel is a fundamental technical assistance providers—serving to a remarkable photo that appeared freedom enshrined in the Constitution. water and wastewater system needs for on the cover of the the New York I also take issue with another major thousands of rural communities—is Times on October 11. This photo provision that was jammed into this highly qualified and well placed to im- showed President Clinton meeting with legislation by the Republican leader- prove the effectiveness of rural solid high ranking North Korean General Jo ship—I am speaking of a provision waste management. Myong-Nok—the first official meeting which will allow the reimportation of For example, the regional Rural of its kind in more than 50 years. The pharmaceuticals from foreign coun- Community Assistance Program which purpose of the general’s visit to Wash- tries back into the United States. This serves my State of Minnesota is the ington was to begin a dialogue on ways provision is of concern for several rea- Midwest Assistance Program (MAP). to enhance relations between our two sons, not the least of which is that it Based in New Prague, MN, MAP serves countries. Secretary Albright has an- ignores the larger question of whether nine midwestern States. The organiza- nounced she will visit North Korea in Congress is going to give all seniors an tion has carried out solid waste the next several weeks. And I won’t be affordable, reliable drug benefit projects in collaboration with USDA, surprised if President Clinton also de- through Medicare. This provision is far the Indian Health Service, and with in- cided to go there before leaving office. from a comprehensive solution to the dividual tribes in communities How the world has changed. very real problem millions of seniors throughout the region. MAP is now be- Let me be clear. I am not opposed to face all over the country in affording ginning to target assistance to Min- diplomatic efforts to ease tensions on their medicines. It is my hope that the

VerDate 02-OCT-2000 02:10 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.063 pfrm02 PsN: S18PT1 S10682 CONGRESSIONAL RECORD — SENATE October 18, 2000 enactment of this legislation does not stroyed. This conference report helps TANF-funded programs. This is par- distract us from working toward the them by providing livestock feed as- ticularly true of the first car that a goal of providing all seniors with real sistance, as well as Emergency Con- household has. Under this provision, Medicare drug coverage. servation, Watershed and Flood Pre- states would be free to apply a more re- Having laid out my objections, I vention Operations and Pasture Recov- alistic TANF policy to a household’s must state that I am prepared to vote ery Program funding to help defray the primary vehicle even if its policy is to for this bill because it contains funding costs of rehabilitating the pasture exclude that vehicle completely from for many programs that are beneficial lands. I also support this. evaluations of the family’s resources. If to American families and American However, I do not believe that all of the household had an additional car or farmers. These provisions include fi- the spending called emergency in the truck and its TANF policy was stricter nancial relief for hard hit farmers who conference report is really emergency. than food stamp rules for second vehi- have suffered economic and natural I am disappointed to see the size of the cles, that additional car or truck disasters, funding for the Women, In- emergency spending as well as some of should then be evaluated under the fants, and Children Program for school the authorizing contained in this con- usual food stamp procedures. lunches, and food stamps for our less ference report. This and some of the This change in the law gives a state fortunate. These are all vital programs other bills represent a bad omen for the the broadest flexibility to adopt a pol- and deserve the support of this body. future. We need to have a realistic icy that effects vehicles from any as- The situation we find ourselves in budget resolution every year and we sistance program it operates under the today speaks volumes about those who need to enforce it. We need fiscal dis- TANF statute. The Secretary has ap- would slip objectionable language into cipline to maintain an adequate sur- propriately interpreted similar lan- a bill as important as this one and put plus. We will need that surplus to pro- guage already contained within the in jeopardy its passage. Fortunately, tect and modernize Social Security, to Food Stamp Act as applying to any the legislative process does not end save and reform Medicare, to meet program that receives support either with the passage of a single bill. Next high priorities we know will be there in from federal TANF block grant funds year I will be back in this Chamber defense and other areas, and to provide or from the funds that the TANF stat- seeking to put our relations with the some relief to the most heavily taxed ute requires states to spend as ‘‘main- Cuban people on the same footing as generation in American history. tenance of effort’’ in order to draw those of other peoples around the The bills we are considering at the down the TANF block grant. A similar world, and to restore every American’s end of session do not represent a dis- construction is appropriate here. All right to travel freely—even to Cuba if aster but they are a bad start in terms that would be required is that the pro- they so choose. I will also be working of planning for our future. I am not gram get TANF block grant or mainte- to enact truly meaningful legislation pointing fingers. I think our current nance of effort funds that it provide a that will ensure that prescription process is not responding well to the benefit that can meet the definition of drugs are available and affordable for new idea of surpluses. But we need to assistance, not necessarily cash assist- every American family. These issues start now to do a better job. ance. For example, a state could apply are not going to go away with the ad- I am also concerned with some of the the policy it uses in a child care pro- journment of this Congress and in legislative provisions contained in this gram because HHS’s regulations define time, reason will prevail on these mat- bill. I do not support a rollback of wel- child care as assistance when provided ters. The American people will demand fare reform, and I am concerned that to non-working families. it. some of the provisions contained in Once a state decided to apply the Mr. CRAIG. Mr. President, I rise in this conference report are a start at policies from a state program to evalu- support of the FY2001 Agriculture Ap- doing just that. While I am strongly ating cars for food stamp purposes, propriations bill. First I would like to opposed to these provisions, this bill those policies would apply to all food thank Chairman COCHRAN and Senator contains many things that benefit my stamp households in the state, whether KOHL for the hard work they have put state as well as help that is sorely or not they receive or even are eligible into the Fiscal Year 2001 Agriculture, needed. On balance, I have been forced to receive TANF benefits of any kind. Rural Development, Food and Drug Ad- to conclude that I cannot, in good con- The other Hunger Relief Act provi- ministration, and Related Agencies Ap- scious vote against this bill even sion would raise the cap on the food propriations bill. It is a challenging though I do not agree with each and stamp excess shelter cost this March process, and they have done an excel- every item included in this conference and then adjust it for inflation begin- lent job balancing competing interests. report. ning October 1, 2001. The shelter deduc- While I don’t agree with everything in I hope the Senate passes this bill tion reflects the commons sense prin- this bill, I believe this bill provides today and the President signs it into ciple that the same money cannot be vital funding for several programs in law. However, I hope that we will re- spent on both housing costs and food. my state and across the nation. form the process so next year we are It provides that when a household is This conference report includes much not in the same situation we find our- spending more than half of its income needed emergency spending to deal selves in today. on food or mortgage, utilities, and with the fires and drought in the West. Mr. HARKIN. Mr. President, I would similar costs, the amount of those As you all know, the West was hit hard like to make a few more points on the costs that exceed half of its income this year by wild fires. In Idaho alone hunger relief provisions. will be deducted when calculating how over 1.2 million acres were burned. I The centerpiece of this package much the household can be expected to visited a ranch where, within a couple would allow states to reform their be able to spend on food. The shelter of hours time period, a fire had de- treatment of cars and trucks when de- deduction is also important in rural stroyed the rancher’s business. Of this termining whether a household meets America, in part because fewer people rancher’s 800 head of cattle, close to 600 the food stamp resource eligibility lim- in rural communities receive housing were killed or had to be destroyed be- its. Rural families need to look for and subsidies and in part because housing cause they were so badly burned. I travel to employment, to get groceries, costs can easily exceed half of the rel- think this is an emergency, and it is and for a host of other purposes. Rural atively modest wages that some low-in- only right that Congress provide fund- roads and seasonal driving hazards come families receive in rural areas. ing to assist producers who have been make a dependable vehicle a real ne- Unfortunately, the shelter deduction impacted by such a natural disaster. cessity. Particularly in an era of wel- is arbitrarily capped at $300 for house- That is why I support the livestock in- fare reform, we should not be forcing holds that do not contain an elderly or demnity payments included in this households to choose between reliable disabled member. This means that low- conference report. Ranchers that were transportation and needed food assist- income families that are not getting lucky enough to get their cattle out of ance, as current rules effectively do. housing subsidies and that are strug- the fires path are now searching for States have recognized this, and a gling under the burden of extremely feed for their cattle and are working to great many of them have greatly re- high shelter costs are getting unreal- rehabilitate the pastures that were de- formed their treatment of cars in their istically low food stamp allotments.

VerDate 02-OCT-2000 02:10 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.170 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10683 This provision should help, in par- prices and pass along the savings to brought to our attention that would ticular by making sure that the cap their customers? Good question. help to ensure that our amendment does not lose ground to inflation. I The answer is that, under current meets the goal of achieving lower hope that in reauthorization, we can Federal law, only the pharmaceutical prices for American consumers. There- revisit this issue and fully provide fair manufacturers can reimport prescrip- fore, during the conference, I tried to and equitable treatment to these hard- tion drugs into the United States from strengthen the final language in a few pressed households the vast majority of another country—even though these key areas. which have children. drugs were originally made in America The changes I proposed would have Mr. DORGAN. Mr. President, I want and approved by the Food and Drug Ad- provided greater certainty that this ap- to take a few moments to share my ministration. The lack of competition proach would meet my goal of lowering thoughts on the prescription drug re- in the U.S. marketplace has created a drug prices for American consumers, importation provision included in the situation in which the big drug compa- but unfortunately they were rejected. Agriculture appropriations conference nies can charge American consumers First, the FDA suggested, and I agreed, report before the Senate. As my col- the maximum the market can bear. that we should require the drug compa- leagues know, I have been concerned And if their 18 percent profit margins nies to provide importers with the for a long while that American con- are any indication, that is exactly FDA-approved labeling. I think it is sumers are charged two to three times what the drugmakers are doing. pretty indisputable that I, as well as more for prescription drugs than con- During the Senate’s debate on the the other authors of the various pre- sumers in other countries pay. In fact, Agriculture appropriations bill, Sen- scription drug importation bills, in- in June of 1999, I introduced bipartisan ator JEFFORDS and I, along with Sen- tended all along for imported products legislation, the International Prescrip- ators WELLSTONE, GORTON, and others, to be FDA-approved, including having tion Drug Parity Act, to address this offered an amendment to allow U.S. the appropriate labeling. I would prefer unfair pricing situation by allowing pharmacists and wholesalers to re- that the final provision make this ex- U.S. pharmacists and drug wholesalers import FDA-approved prescription plicit. However, I believe the final lan- to reimport FDA-approved prescription drugs from Canada, Mexico, and other guage, which gives the Secretary of drugs from other countries at a frac- countries where these medications are Health and Human Services new au- tion of the cost. sold at a fraction of the price. Our thority to do whatever she believes is Ten months ago on a cold, snowy amendment included appropriate safe- necessary to facilitate importation, day, I accompanied a group of North guards to ensure that only safe and ef- provides the needed authorization to Dakota senior citizens and pharmacists fective FDA-approved medications, accomplish this end through the regu- on a trip to Emerson in Manitoba, Can- made in FDA-approved manufacturing lations implementing importation. It ada. Emerson, Canada, is a tiny one- facilities and for which safe handling is my hope that the Secretary who im- horse town just 5 miles from the North could be assured, would be imported. plements this provision will write Dakota-Canadian border. In Emerson, I This amendment was passed over- strong rules to ensure that reimporta- watched as my North Dakota constitu- whelmingly by the Senate by a 74–21 tion will succeed in giving Americans ents saved hundreds of dollars each on vote. access to safe, cost-effective medicines. the exact same prescription drugs The House also overwhelmingly Second, Congressman WAXMAN and available to them in the United States. passed amendments to the Agriculture others pointed out that drug companies One of the folks who went with me bill back in July that would have al- could prevent reimportation from oc- was a 70-year-old Medicare beneficiary lowed for prescription drug importa- curring by requiring their foreign dis- from Fargo, ND, named Sylvia Miller. tion, although without the safety tributors to sign contracts promising Sylvia has diabetes, heart problems, measures adopted in the Senate. Nor- not to re-sell their products to U.S. im- and emphysema, and she takes at least mally at this point, a House-Senate porters. To address this concern, the seven different medications each day conference committee would have final provision includes language not in for her various ailments. Sylvia told begun meeting to iron out the dif- the original Jeffords-Dorgan amend- me that last year she received $4,700 in ferences between the House and Senate ment to prevent the drugmakers from Social Security benefits and paid $4,900 bills. This year, however, most of the entering into agreements with their for her prescription drugs. ‘‘Things details were worked out behind closed distributors that would have the effect don’t add up, do they?’’ she asked. doors and without the involvement of of preventing reimportation. Here, too, By making the short trip across the most of the members of the conference I wish that this language were stronger border to Canada, Sylvia was able to committee. As a result, many of us and broader, and I unsuccessfully pro- cut her monthly prescription drug bill who have been working on prescription posed strengthening it. in half. As Sylvia said in a Fargo drug importation legislation for nearly I have no doubt that the drug compa- Forum article about this trip, ‘‘It sure 2 years were shut out of the negotia- nies are already searching for ways to would be nice if I could just go over to tions. thwart this legislation. If the drug my own drug store and get those I am very disappointed with the manufacturers do take steps to clearly prices.’’ route that the House and Senate lead- and purposefully circumvent this legis- Sylvia couldn’t be more right. No ership took to develop the final re- lation, I personally am committed to American should be forced to travel to importation language. When the Agri- closing any loopholes or taking an- Canada or Mexico just to get more af- culture Appropriations Conference other tact altogether to achieve fairer fordable prices for his or her prescrip- Committee, on which I served, met, the drug prices for American consumers. tion drugs. Yet a prescription drug conferees were presented with final Let me make one final point. I think that costs $1 in the United States costs language that had been negotiated this legislation sends an important only 64 cents in Canada, 65 cents in largely among only the House and Sen- message to the big drug companies Great Britain, 57 cents in France, and ate majority leadership. While this lan- that Congress will no longer tolerate 51 cents in Italy. Those price dif- guage is similar to the Jeffords-Dorgan unfair prescription drug prices. But ferences compel many senior citizens amendment passed in July, there are this legislation is just one step, and it who are struggling to pay for their some changes in the language. Some of is no substitute for adding a prescrip- medications and make ends meet to these changes represent improvement, tion drug benefit to the Medicare pro- leave the United States to get lower but some changes were not made that gram. prices elsewhere. should have been. I have been saying all along that we Time and again over the last several I share in my colleagues’ disappoint- have a two-prong problem with pre- years I have been asked by North Da- ment that some of the changes that I scription drugs in this country. First, kota consumers why the global econ- and others proposed, which would have prescription drugs cost too much, and I omy doesn’t work when it comes to improved this provision, were not in- have been fighting for a strong re- prescription drugs. Why can’t local cluded in the final language. After the importation provision so that we can pharmacists travel to Canada to buy Senate passed the Jeffords-Dorgan put pressure on the drug companies to these same medications at the lower amendment, a few changes were lower their prices. Second, there are

VerDate 02-OCT-2000 03:26 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.065 pfrm02 PsN: S18PT1 S10684 CONGRESSIONAL RECORD — SENATE October 18, 2000 too many Medicare beneficiaries who will be guaranteed for the next two It is truly a disappointment that the have no prescription drug coverage, years. This clears the way for addi- conference report to such an important and they need it. When the Medicare tional payments to sugar producers on bill contains the very means to under- program was created in 1965, prescrip- top of an already complex quota sys- mine the market reforms this Congress tion drugs weren’t the significant part tem which allows them to control the has pushed for, because of the interests of the practice of medicine that they amount of imported competition. We of a few. are today. Congress must modernize don’t do this for wheat, corn or soy- This bill is a very important one— the Medicare program by creating a beans—we should not do it for sugar. and just as the conference predicted, it prescription drug benefit in Medicare, One of the most egregious parts of is too important for me to vote and we should do it this year. this bill is language which will pro- against—but I fell compelled to express Mr. BROWNBACK. Mr. President, I mote increased tobacco production my frustration, and my disappoint- rise today to put on the record my con- from the same government which is ment in this process—and the hypoc- cerns about numerous provisions con- trying to decrease domestic demand for risy it creates. tained in this year’s conference report tobacco products. Mr. MCCONNELL. Mr. President, I of the Ag appropriations bill. Specifi- Currently, co-ops can and do pur- want to express my support for the FY cally, I am greatly concerned that this chase low quality or remaining tobacco 2001 Agriculture Appropriations bill year’s bill single-handedly turns back a not bid on by cigarette companies in and offer my support for the prescrip- number of reforms made by the 1996 order to artificially keep the price tion drug reimportation provisions in- farm bill and moves us further away high. This bill will now allow the co- cluded in this conference report. While from an agriculture policy that looks ops to then sell, this inferior tobacco I do not believe the provisions are per- to the markets rather than govern- to the government (through Com- fect and I continue to have grave con- ment for survival. The danger of fol- modity Credit Corporation funds). This cerns about the so-called ‘‘non-dis- lowing such a philosophy is that gov- measure is estimated to cost the gov- crimination’’ language, I believe this ernment is not likely to have the will ernment $510 million and cuts out final product represents a good faith to sustain the ag industry indefinitely, flute-cured tobacco grown in North compromise which will meet the needs so that when the political will to sup- Carolina—which means there will like- of the American people. port agriculture dries up, there will be ly be a similar fix that doubles the cost However, I would like to emphasize massive calamity. to the taxpayer. that my support for reimportation was There are legitimate ag emergencies After obtaining this left-over to- and remains contingent upon the legis- occurring in the country right now. My bacco, the U.S. is not allowed to mar- lation specifically ensuring that any family is still on the farm, Kansas is ket this tobacco domestically for fear prescription drug reimported from an- the 4th largest agricultural-producing of displacing the controlled market other country meets all of the United state in the Nation—and I myself and we will not be able to unload it on States’ safety standards. In other served as Secretary of Agriculture for the world market due to restrictions words, our citizens must remain con- the State of Kansas before coming to about exporting tobacco and the al- fident that their prescriptions will be the U.S. Senate. I am not here to find ready high amounts of world produc- filled with products that are safe and fault with providing additional aid to tion that are much cheaper than this effective. In particular, I am pleased farmers. Indeed, it is in our national U.S. price-inflated tobacco—especially that under these provisions, FDA must interest to do so. My problem is not since this is the inferior ‘‘left-over’’ to- issue regulations requiring that re- with the concept of government assist- bacco. imported products be FDA-approved ance to farmers—but rather in the To make matters worse, this lan- drugs that meet all of the conditions of shape this assistance is beginning to guage prevents this government action the New Drug Application, or NDA. It take—especially this year. from affecting the quota limits for to- is especially important to maintain our Specifically, I am referring to the bacco growing. This means that once gold standard of drug quality, that all treatment of pet commodities like the oversupply is wiped out by selling such products comply fully with what sugar and tobacco—which have been excess tobacco to the government, to- FDA calls the ‘‘chemistry, manufac- exempt from the market-oriented re- bacco quotas will increase and allow turing, and controls’’ portions of the forms faced by most other commod- for the growing of more tobacco— NDA. Compliance with these require- ities—including the wheat growers of which will lead to the need for another ments assures that the drugs not only my state, for example. These reforms bailout next year. have the necessary ingredients but also were set forth in 1996 to move farmers For no other commodity do we have have been manufactured according to closer to the market. Some of my a situation like this: the U.S. govern- the same specifications as the domestic Democratic colleagues have accused us ment actively encourages a reduction drug product, and the same high-qual- of abandoning a financial safety net for in the use of tobacco, particularly by ity process. farmers—I don’t see how they can hon- children—and now the same govern- I respectfully ask unanimous consent estly make that claim since farm ment is going to subsidize and encour- that several letters outlining concerns spending has gone up dramatically age expanded tobacco production. This similar to mine be printed in the since the ’96 law was enacted. The Con- is one of the worst market-distorting RECORD. gressional Research Service notes that abuses I’ve ever seen—at a time when There being no objection, the letters program payments combined with we have repeatedly told farmers of were ordered to be printed in the emergency spending for calendar year most other commodities to turn to- RECORD, as follows: 1999 reached $22.7 billion—the highest ward the market and adjust to the new HOUSE OF REPRESENTATIVES, ever and we have continued to provide world economy. COMMITTEE ON COMMERCE, substantial support to our farmers in Unfortunately, the Senate does not Washington, DC, September 28, 2000. 2000—well above that which would have have the opportunity to vote on these Dr. DAVID A. KESSLER, been allowed under previous farm bills. measures—we are forced to vote for Dean, Yale University School of Medicine, these offensive programs because they New Haven, CT. If this conference report merely con- DEAR DR. KESSLER: On June 29, 1999, you tinued this tradition of backing up the are tied to an agriculture appropria- were kind enough to write me regarding the market-reforms of the 1996 farm bill, I tions bill which is so important to our dangers of weakening provisions of the Pre- would have no problem—but this con- Nation—which provides a measure of scription Drug Marketing Act (PDMA). I am ference report takes serious steps to unilateral sanctions reform many of us now in receipt of your recent letter to Sen- undermine those reforms—and that is in this body have fought for—for years. ator Dorgan, which is supportive of signifi- wrong. This is no mistake—the numerous cant changes to PDMA. I continue to see real This conference report contains a faulty measures contained in this bill risk in making those changes, so I would ap- provision to change the 1996 farm bill were added at the last minute in con- preciate your insight as to how safety can be assured. language on marketing loans for ference—precisely because they would Your June letter cited my multi-year sub- sugar—now, instead of having to meet never pass on their own, nor should committee investigation of re-imported pre- a certain threshold, non-recourse loans they. scription drugs which demonstrated that

VerDate 02-OCT-2000 03:10 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.172 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10685 adulterated, misbranded, and counterfeit (2) On a recent trip to China to investigate to be shipped through multiple foreign loca- drugs were entering the U.S. market, posing issues relating to both FDA foreign inspec- tions, but also for a drug to be transferred as American-made. You noted that the prob- tions and pharmaceutical counterfeiting, among any number of intermediaries. Be- lems found in our investigation were ad- committee staff were told by several secu- cause of the likelihood of repackaging, it is dressed by PDMA provisions designed to pre- rity officials that counterfeit material is not even certain that the product will be la- vent the ‘‘introduction into U.S. Commerce often mixed into shipments of legitimate beled with the original manufacturers lot of prescription drugs that were improperly products, as an additional tactic to elude number. How can a manufacturer’s recall be stored, handled, and shipped’’ and to reduce regulators. Thus, rather than entire ship- administered efficiently and effectively ‘‘opportunities for importation of counter- ments being counterfeit, in some cases, only under these new conditions? feit and unapproved prescription drugs.’’ a part of a total shipment may be illegit- I appreciate your attention to this matter. Your letter went on to state, ‘‘In my view, imate. Would batch testing which is what In light of the major public health implica- the dangers of allowing re-importation of the proposed legislation envisions as the pri- tions associated with loosening reimporta- prescription drugs may be even greater mary test to determine authenticity, be a re- tion restrictions, I daresay that we will be today than they were in 1986. . . . I know of liable method for protecting the U.S. con- corresponding well into the future on these no changed circumstances that require ei- sumers from potentially rogue and dan- issues. ther a shift in FDA policy or the passage of gerous counterfeit drugs? If a batch test Sincerely, legislation to repeal PDMA’s prohibition on were only to test the legitimate product, JOHN D. DINGELL, re-importing drugs. Furthermore, I believe how, under this legislation, will a portion of Ranking Member. that such a repeal of change in policy would counterfeit material be detected? Is there a re-create the substantial public health risks methodology for doing this? Finally, FDA SEPTEMBER 20, 2000. PDMA was designed to eliminate.’’ has long argued that quality assurance can- Your September letter now says, ‘‘if FDA Hon. JOE SKEEN, not be ‘‘tested’’ into a system (hence, the is given the resources necessary to ensure Chairman, Subcommittee on Agriculture, Rural purpose behind the current foreign inspec- that imported, FDA-approved prescription Development, Food and Drug Administra- tion program), which is why they have re- drugs are the authentic product, made in an tion, and Related Agencies, Committee on jected batch testing as a final test for fin- FDA-approved manufacturing facility, [you] Appropriations, Washington, DC. ished product and bulk materials sent to the believe the importation of these products DEAR JOE: As you know, the House adopted U.S. Do you believe that batch testing will could be done without causing a greater two amendments to the Agriculture Appro- suitably meet the same stringent safety re- health risk to American consumers that cur- priations bill relating to the reimportation quirements long relied upon by the agency? rently [exists].’’ Unfortunately, much of and importation of pharmaceutical products (3) As you are aware, the PDMA, and the your confidence seems to not only be depend- from abroad. I voted against both these implementing regulations established stand- ent on whether FDA will in fact receive amendments and remain concerned about ards for storage and handling of medicines as those additional resources, but also whether the potential impact of these proposals on they move from a manufacturer to a retail the health and safety of American consumers FDA can in reality undertake the very tasks pharmacy. These provisions were enacted be- that were not being done before the PDMA and the future integrity of the U.S. drug sup- cause pharmaceuticals are very sensitive to ply. was signed into law. various environmental factors, and drugs are While FDA has indeed argued that it will While the House amendments were charac- thus packaged under controlled conditions. need substantial additional resources to un- terized as simply providing for the personal Storage of pharmaceuticals under extreme dertake this monumental new task, I am not importation of pharmaceuticals for personal environments, as you know, can lead to pre- convinced it has done a thorough analysis of use, they actually go beyond this to reverse mature deterioration of the drug. As the what this undertaking will actually cost. longstanding policy in this regard. In my testing requirements for product degradation For example, while FDA has provided the view, such an important change with impli- called for in the Jeffords amendment will Committee with a cursory three-page docu- cations for American consumers should not provide information on drug potency at the ment on expected budgetary needs (approxi- be implemented through the appropriations point a test is conducted (and not across the mately $23 million for the initial ramp-up process. Such changes warrant careful shelf life of the drug), there is no guarantee years, and approximately $90 million for suc- thought and deliberation through the reg- that a product imported from another coun- ceeding years), I remain concerned at the ular legislative process. try will arrive with roughly the same shelf lack of specificity in FDA’s effort. When I recall the congressional investigation in life as envisioned by the manufacturer. If asked by Committee staff for the actual the mid-1980’s that led to the enactment of drug products have been subjected to tem- work papers supporting the assumptions the Prescription Drug Marketing Act and perature extremes while being shipped or made in this document, staff was told that current ban on pharmaceutical reimporta- stored, or are improperly repackaged, the no such supporting documents even exist. tion. At the time, there was considerable evi- Moreover, certain FDA assumptions reveal medicines could not be guaranteed to meet dence of both the counterfeiting and diver- other concerns. For example, on page two of its specifications up to the expiration date. sion of pharmaceutical products outside the its document, FDA mentions that, ‘‘[g]iven On the recent trip to China, committee staff United States. I do not believe that the situ- the expectation that criminal activity will was told by a security official that he has ation has changed. In fact, it may have be- seen one batch of drug product literally cir- increase with implementation [of the pro- come worse with the advent of Internet pur- cle the globe several times, over the course posed plan], it is expected that investiga- chases. I agree that seniors need help paying of more than a year, including being stored tions and other supporting laboratory work for their prescription drugs, and voted for in temperatures in excess of 40 degrees centi- would increase.’’ FDA clearly recognizes our plan to do that. But now is not the time grade, before ultimately being bought by an that additional criminal elements will at- to weaken the rules that have protected importer. Imported drugs will require re- tempt to undermine the very ‘‘medical arma- American patients for more than a decade. packaging and relabeling (so that the im- mentarium’’ you refer to in your letter. I urge you to address these concerns by ported product conforms with an FDA-ap- In short, Dr. Kessler, the caveats in your dropping these provisions from the Agri- proved and required dosage form, packaging, letter raise several questions on which I culture Appropriations bill in conference. and product labeling for the American mar- would appreciate your help: With best personal regards, ket), so there is a very real chance that an (1) A June 8, 2000, hearing by the Sub- Sincerely, American patient will unknowingly receive committee on Oversight and Investigations BILL ARCHER. of the Committee on Commerce revealed pharmaceuticals that are not fully effica- that FDA is now substantially behind in cious because of premature loss of potency. Mr. HATCH. Mr. President, I appre- their inspections of foreign firms that ship Do you agree with this assessment? Specifi- ciate the many long hours of work by drug products into the U.S., and that much cally, how can these very real and poten- my colleagues on the Agriculture Ap- of this lag can be attributed to the same re- tially dangerous possibilities be dealt with propriations Subcommittee to develop source constraints that plagued your tenure in this legislation or its implementation, so this legislation. I admire the efforts of that we can ensure that the health and well- at FDA. You point out that the success of my friend and colleague, Senator COCH- the proposed legislation hinges directly on being of American patients is not com- RAN. I believe we all owe him our grati- whether FDA is properly funded. Did the promised? FDA adequately fund foreign inspections (4) As you know, in the United States, tude for his leadership on behalf of our during your tenure as Commissioner? Do you pharmaceutical recalls are initiated by man- nation’s agriculture industry, includ- believe FDA will actually receive the full ufacturers because a manufacturer can ing its small family farmers and ranch- amount necessary to competently address quickly and efficiently, through its whole- ers. I am well aware that putting these the burdensome new tasks imposed by this sale distribution system, located products. bills together is never easy and seems legislation, particularly given that FDA is In the case of imported drug products under recently to be an almost thankless already not afforded enough resources to the proposed amendments, a manufacturer task. presently oversee the production, movement, may not have a systematic way of knowing and final delivery of drug products now sent where a drug originated, or even if a product There is much in this bill worthy of to the U.S. from foreign sources? What has been transshipped to multiple countries enthusiastic support. I am particularly might happen if sufficient resources are not before entering the United States. The Jef- pleased that the conferees have in- available? fords amendment allows not only for a drug cluded a number of provisions that will

VerDate 02-OCT-2000 03:04 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.067 pfrm02 PsN: S18PT1 S10686 CONGRESSIONAL RECORD — SENATE October 18, 2000 benefit farmers and ranchers in the nate that it is being made a vehicle for may turn out to be prophetic. As my West. an unrelated proposal that is poor pol- Democratic friend, Representative DIN- For example, the entire West will icy and that would undoubtedly have GELL, succinctly summarized the situa- benefit from pasture and forage re- been the subject of considerable debate tion: ‘‘Make no mistake. This reckless search that is funded by this bill. The should it have come to the floor as a legislation never went through the information we obtain from this Utah free-standing bill. committees with expertise or experi- State University program not only Mr. President, I must register my se- ence in these matters. It is going to makes our livestock producers more ef- vere reservations about the drug im- lead to needless injuries and death.’’ ficient, but also contributes signifi- portation provisions that have been in- As chairman of the Judiciary Com- cantly to the health of our pasture serted in the Agriculture appropria- mittee which has jurisdiction over lands in the West. tions conference report. counterfeiting, I am concerned that Another important contribution to I commend Senator COCHRAN for his our members have not had an oppor- research in the conference report is the attempts to improve some of the more tunity to make a careful study, in col- funding for Utah State’s Poisonous egregious features of the controversial laboration with the Drug Enforcement Plant Laboratory. The effort to fight pharmaceutical importation provisions Administration, of the potential for noxious weeds in the U.S. will receive a that have been slipped into this appro- this language to increase the flow of significant boost as this important fa- priations bill. But, these mitigation counterfeit drugs. The World Health cility is finally upgraded. Some people measures do not go far enough to cor- Organization has issued several reports chuckle when they see a program to rect what I consider the proposal’s that have detailed the international fight noxious weeds. But, I can assure principal flaw. scope of the counterfeit pharma- my colleagues that this is no joke. If My first and foremost concern about ceuticals problem. you have ever seen a crop overrun with this proposal is patient safety. Some might question how Congress these weeds, you would know that we I have been around here long enough could enact legislation that could en- need to continue our research efforts to to gauge momentum and count the danger the health and safety of the come up with safe and effective means votes. I know that the reimportation American people. As I have argued pre- to fight them. provisions have been wedged in a must- viously on the floor of the Senate, even The environment also benefits by pass, year-end appropriations bill—one the best of intentions in trying to this bill’s continued funding for the that forces me to choose between sup- lower drug prices surely can’t be ade- Colorado River Basin Salinity Control porting a bill that does much to help quate justification for sacrificing pa- Program. This is particularly impor- Utahans and opposing a bill that con- tient safety. tant to farmers within the vast Colo- tains one bad, albeit popular, idea. I recommend a critical reading of the rado River Basin, who must shoulder But before we adopt this reimporta- transcript the October 3, 2000, House much of the burden for minimizing ag- tion measure, which has not been the Commerce Committee Oversight and ricultural runoff into the Colorado subject of a committee mark-up in ei- Investigations Subcommittee hearing River. The Salinity Control program is ther the Senate or House, let’s at least on the important issue. I think a fair good for farmers, good for the environ- stop for a moment and think about the appraisal of this transcript warrants a ment, and good for the fish species in type of risk we are placing upon the conclusion that FDA already has its the river. American people. hands full in the policing the relatively Also important to Utah agriculture, Although I do not see eye-to-eye with limited area of PDMA-permissible im- Mr. President, is the funding this bill Congressman JOHN DINGELL on every, provides to compensate farmers for ports. maybe even most, issues, I always re- Based on what we learned at the Oc- losses due to the infestation of grass- spect his views. And, I recognize his tober 3 hearing, if Congress adopts, and hoppers and Mormon crickets. For the many impressive efforts when he the President signs into law, these last couple of years, farmers in Utah chaired the Oversight and Investiga- new, greatly liberalized reimportation and other Western states have faced tions Subcommittee of the House Com- rules, it is difficult to see how the Sec- one of the largest infestations on merce Committee. In fact, it was the record. I am very pleased that Congress retary of Health and Human Services Dingell Oversight and Investigation or the Commissioner of Food and Drugs has seen fit to provide these farmers Subcommittee’s investigation into the with relief. You wouldn’t think that will be able to handle the tremendous foreign drug market that led to the en- responsibilities imposed upon them in these little insects could do so much actment of the 1988 Prescription Drug damage, but they do. This funding is this provision. Marketing Act. I was proud to help One of the points that came out of important to those in my state who shepherd this legislation through the the hearing during the testimony of have suffered terrible losses. Senate. Finally, Mr. President, I have often the Commissioner of Food and Drugs, The good news is that the PDMA law Dr. Jane Henney, is that there are at reminded my colleagues that Utah is helps prevent pharmaceuticals that are the second driest state in the Union. least 242 manufacturers spread across mislabeled, misbranded, improperly some 36 countries that appeared to Utah’s farmers understand better than stored or shipped, beyond their shelf most that water equals life. For that have exported drug products to the life, or even bald counterfeits from en- reason, I am pleased that this bill will United States but that did not have a tering the United States from abroad. help to protect the Long Park Res- current FDA inspection. This is like The bad news is that the legislation playing Russian roulette with the pub- ervoir by providing technical and fi- we are being asked to adopt today will nancial assistance to shoring up this lic health. unravel essential elements of the At this same hearing, the Commis- important source of water. PDMA, which currently controls im- Mr. President, these are just a few of sioner of Customs, Mr. Raymond Kelly, portation of pharmaceutical products the programs funded by the conference testified that there are some 301 ports into the United States. report that will benefit Utah’s farmers. of entry that must be watched by the As the committee report accom- I am also proud to say that I worked Customs Service. And keep in mind panying the PDMA stated: with Senator COCHRAN and Senator that this is the situation under the cur- (R)imported pharmaceuticals threaten the DURBIN to increase the amount of funds rent statutory framework where it is public health in two ways. First, foreign difficult to import drugs into the U.S. available in FDA’s Office of Generic counterfeits, falsely described as reimported Drugs. When generic drug applications U.S. produced drugs, have entered the dis- Imagine the catastrophic possibilities languish at FDA, it is the public that tribution system. Second, proper storage and if we adopt a law that loosens the loses, and these additional resources handling of legitimate pharmaceuticals can- reigns on importation of drug products will be a needed shot in the arm. They not be guaranteed by the U.S. law once the into the United States. will enable the FDA to process these drugs have left the boundaries of the United The House hearing brought out the applications more quickly and get ge- States. fact that it is not only manufacturing neric drugs to consumers faster. Congressman DINGELL has also com- plants we need to worry about, but also This is a momentous piece of legisla- mented on the pending legislation. I repackaging facilities and bulk drug fa- tion, which is why I think it is unfortu- am sad to say that this assessment cilities as well as the various

VerDate 02-OCT-2000 03:04 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.071 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10687 warehousers and transporters of drug men get their piece of the action for (See Exhibit 1.) products. We must be concerned about bringing these drugs into the United Mr. HATCH. As this correspondence how we can guarantee strict adherence States. I am not convinced that con- indicates, I am particularly concerned with the general good manufacturing sumers will get much in the way of by the so-called non-discrimination practices in overseas facilities that we savings. And, what little benefit they clause that suddenly materialized, al- have come to expect in the United get will come at what cost? most out of the vapors, and was added States. These guidelines provide assur- I believe that the industry must give to the conference report at the last mo- ance as to the purity of pharmaceutical the American public and the Congress ment. products. a better explanation to account for the Basically the bill says, in effect, discrepancies in some drug prices in I would also note for the record that, don’t worry, the FDA will issue regula- the United States and in other coun- prior to learning that such language tions that will solve all these problems. tries. And, I call upon the industry to was under development, I contacted Maybe so. But if it was so easy for ensure that Americans are paying fair Chairman COCHRAN and the majority FDA to regulate these problems right prices for pharmaceuticals and that leadership with a request that a rule of out of existence then why are 10 former citizens in other nations are also pay- construction be added to these ill-ad- FDA Commissioners against this bill? I ing their fair share and not merely free vised importation provisions to the ef- fear that in practice the drafting of riding on the substantial U.S. invest- fect that the language be neutral with these regulations will prove to be an ment in biomedical research. respect to intellectual property rights. extremely time-consuming and com- We must be especially wary of price Imagine my surprise and disappoint- plex endeavor. control regimes in other countries that ment to find that not only was my And even if the regulations are may set prices at levels inadequate to modest proposal, which was consistent promptly drafted, what assurance and reflect their citizens’ fair share of the with every version of the bill that expectation do we have that all of R&D costs. We must recognize, how- passed both the House and the Senate these foreign establishments will be re- ever, that what is a fair and affordable up to that point, not adopted, but, in- spectful of the regulations of the price in the United States may not be stead, all too discriminatory ‘‘non-dis- United States Food and Drug Adminis- affordable in many developing nations. crimination clause’’ incorporated in its tration? The differences in GDP of the devel- place. If you don’t believe me, get a copy of oped and developing world have many This provision states: ‘‘No manufac- the transcript of the October 3 hearing dimensions, mostly negative. turer of covered products may enter and read about what House Commerce We must be mindful of the important into a contract or agreement that in- Committee and FDA staff found in a fact that virtually every nation in the cludes a provision to prevent the sale recent trip to Chinese and Indian drug world has made a commitment, helped or distribution of covered products im- manufacturing facilities. Not only did along by the leadership of the U.S., to ported pursuant to subsection (a).’’ this investigation help uncover that attempt to create that rising tide that Make no mistake that this clause ap- some 46 Chinese firms and 11 Indian lifts all boats by adopting the GATT pears to take direct aim on some of the firms were exporting apparently mis- Treaty, which specifies the rules of most traditional of American commer- branded drugs to the United States, international trade. The GATT TRIPS cial rights such as freedom to contract there also appeared to be wholesale provisions consist of critical new legal and the freedom to license patent theft of U.S. intellectual property re- protections for the intellectual prop- rights. lated to drug products. erty. It is intellectual property that Yet instead of tightening the con- undergirds the creation of so many new In the United States, manufacturers trols we have in place, we are unwisely, products, including pharmaceuticals. have great leeway in selling their in the name of attempting to cut high In our understandable short-term de- goods. For example, in its 1919 decision, drug costs, loosening them. Let me say sire to help the developing world fight United States v. Colgate & Co., the Su- it once again, it is no wonder why ten back against such infectious disease preme Court noted it is a ‘‘long recog- former FDA Commissioners have come menaces as HIV, TB, and malaria, we nized right of [a] trader or manufac- out against these drug importation must avoid acting, however uninten- turer to exercise his own independent measures. In enacting this reimporta- tionally, to undermine the long-term discretion as to parties with whom he tion measure, we will have put in place interest in protecting the intellectual will deal.’’ Moreover, this right is par- a ticking time bomb on the public property rights of American inventors. ticularly strong when the seller holds health front as well as creating a regu- That goes for our goals to develop patent rights which are derived di- latory climate that can only encourage new drug therapies benefiting Ameri- rectly from Article I of the Constitu- an assault on American intellectual cans as well. For our own national in- tion. property. terest, as well as the interests of our As the language is scrutinized, I hear While the public health shortcomings trading partners, particularly devel- more and more questions being raised of the bill are chief among my con- oping nations, we must use our influ- about the potential conflict of these cerns, as chairman of the Senate Judi- ence to build respect for and protect provisions with current law. ciary Committee, I do want to raise the inventive energies citizens world- Mr. President, in some respects, this some troubling aspects of the re- wide. non-discrimination clause is a major importation provisions as they relate I do not believe the reimportation assault on intellectual property rights. to intellectual property. provisions in this conference report ad- In my view, it would have been pref- vance the cause of intellectual prop- It hardly sends a strong signal to our erable for the Judiciary Committees of erty protection and, in fact, may have knowledge-based industries that form both the House and Senate to have had an unintended but unmistakable effect the backbone of the new high-tech- an opportunity to carefully study the of retarding future drug development. nology economy. rapidly evolving language that was in- Mr. President, I ask unanimous con- I serve on the Finance Committee serted into this appropriations bill. sent to include in the RECORD at this where we had jurisdiction over trade I share the legitimate concerns of all point two letters that I wrote, one to matters. While at the point I have Members of Congress about the dif- Senator LOTT and Speaker HASTERT reached no final answers or conclusions ficulties the many Americans, particu- and one to Senators COCHRAN and about how the non-discrimination larly our senior citizens, have in gain- KOHL, to object to both the process and clause comports with the TRIPS provi- ing access to affordable drugs. substance of these provisions. In addi- sions, I can tell you that I have a lot of In fact, one of my chief concerns tion, House Judiciary Chairman HENRY questions. And I can tell you that we about the reimportation measure—pub- HYDE expressed similar concerns. I ask would be better off if, before we adopt lic safety, intellectual property, and consent that his letter also be printed this language, we took the time to trade policy concerns aside—is whether in the RECORD. work through some of the tough ques- consumers will get any substantial The PRESIDING OFFICER. Without tions that this highly controversial benefit when a new phalanx of middle- objection, it is so ordered, clause raises with, for example, Article

VerDate 02-OCT-2000 03:34 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.074 pfrm02 PsN: S18PT1 S10688 CONGRESSIONAL RECORD — SENATE October 18, 2000 28 of TRIPS. Neither the Finance Com- the United States that conflicts with long- not get into the business of rewriting con- mittee nor the Ways and Means Com- standing U.S. policy, would set a dangerous tracts. mittee will have a meaningful oppor- precedent for all U.S. businesses, and would In my view this new ‘‘compromise’’ provi- undermine bipartisan U.S. trade and intel- sion does not escape the fundamental prob- tunity to examine the trade implica- lectual property negotiating objectives lems presented by the earlier House language tion of this language. abroad. Proponents of this language would because a flat prohibition on the ability of a I can only hope that this language deny pharmaceutical manufacturers their manufacturer to limit the future sale or dis- does not result in the importation of freedom in private contracting, and appears tribution of pharmaceutical products flies in sub-standard and unsafe drugs along to compel them to sell unlimited quantities the face of current law and policy. I must re- with a back door system of price con- of their prescription medicines to foreign port to you that as this language circulates trols. Wisely, this body has always re- buyers, including unknown foreign entities among the bar, reputable attorneys are con- cluding that it presents serious constitu- sisted direct government price controls lacking any interest in the safety and health of American patients who rely on the safety tional issues. As Chairman of the Judiciary on high-technology products like phar- and effectiveness of prescription medicines. Committee, I believe it wise for our com- maceuticals. We stand today as the This proposal has not been the subject of a mittee to consider this issue before such lan- world’s leader in pharmaceutical inno- single hearing, let alone a committee mark- guage is enacted. Given the fact that the im- vation. Let’s hope that this bill does up, and is unquestionably within the juris- port provisions will not go into effect until not undermine this achievement. diction of the House or Senate Judiciary the FDA issues a complex set of safety test- Let me emphasize, Mr. President, Committees, neither of which has been con- ing regulations, I see no need why the Con- that we need to work together to make sulted on this controversial measure. I urge gress must rush in the last few days of the you to reject it. session to include this new provision. I know drugs more affordable for the American My responsibilities as Chairman of the that my House counterpart, Chairman Henry public—all of those in Congress with Senate Judiciary Committee require me to Hyde, has raised similar objections with expertise in the policy areas that con- oppose this sneak attack on intellectual Speaker Hastert. tribute to addressing this issue should property protection and U.S. leadership in So I must once again add to my concerns be collaborating on a solution to high innovation benefiting consumers. My respon- about the potential negative public health drug prices. This is not a simple mat- sibilities to my Utah constituents and the aspects of the pharmaceutical import ter, and a solution that looks simple American people generally impel me further amendments, a separate objection con- to object to the adoption of the prescription and obvious could easily prove disas- cerning the erosion of intellectual property drug import proposal on safety grounds. I am and contract rights. I urge you to oppose trous to both consumers and the re- greatly disturbed to learn that Conferees are these measures until these issues can be search enterprise. apparently considering lowering the tradi- carefully reviewed and debated. We must tackle this issue in a man- tional gold-standard of ‘‘safety and efficacy’’ Sincerely, ner that doesn’t threaten public safety, to a new, untested, and disturbingly ambig- ORRIN G. HATCH, undermine the incentives for devel- uous standard of ‘‘reasonable assurance’’ of Chairman. oping new intellectual property, and safety and efficacy. The Senate passed the otherwise adversely affects U.S. trade Cochran-Kohl amendment 96-0 precisely to HOUSE OF REPRESENTATIVES, seek to ensure that risks to American pa- COMMITTEE ON THE JUDICIARY, interests. Frankly, I am concerned tients are not increased through re-importa- Washington, DC, October 4, 2000. that these reimportation provisions, tion of prescription medicines. Hon. J. DENNIS HASTERT, however well-intentioned, will not be In direct contradiction to these efforts, the Speaker, House of Representatives, able to met these tests. ‘‘non-discrimination’’ measure clearly and Washington, DC. I will support this conference report, unacceptably increases such risks. This DEAR MR. SPEAKER: As Chairman of the even though I have very serious con- measure would place domestic medicine sup- House Judiciary Committee, I urge you to cerns about the provisions on pharma- plies in jeopardy by forcing our manufactur- reject intellectual property provisions, dis- ers to sell unlimited quantities abroad. It guised as a ‘‘non-discrimination’’ require- ceutical reimportation. I hope to work also would prevent them from exercising ment, advocated by Mr. Waxman for inclu- with my colleagues on all the relevant sound business judgment about to whom to sion in the drug re-importation measures in committees in the House and Senate on sell, forcing them to sell drug products to the Agriculture appropriations bill or in these many issues concerning pharma- anyone—even unscrupulous shady dealers. In other legislation. The Waxman gambit is an ceuticals and their importation into conjunction with a price control system of a anti-business, anti-intellectual property ef- our country. foreign nation, this ‘‘non-discrimination’’ re- fort to force pharmaceutical patent owners gime is tantamount to a compulsory licens- to give up their patent rights with respect to EXHIBIT 1 ing system that can only undermine the in- re-importation into the U.S. of their pat- U.S. SENATE, centives required for the private sector to ented product, by denying their freedom in COMMITTEE ON THE JUDICIARY, make the necessary substantial investment contracting. Mr. Waxman further wants to Washington, DC, October 4, 2000. to invent new medicines. In order to protect compel drug manufacturers to sell unlimited Hon. TRENT LOTT, the safety and health of American patients, quantities of their prescription medicines to Majority Leader of the Senate, advance our Nation’s trade policy, and pro- foreign buyers, including unknown, fly-by- Washington, DC. mote the development of the next generation night operations that are unlikely to be held Hon. THAD COCHRAN, of medicines, this proposal must be rejected. accountable for patient health and safety. Chairman, Subcommittee on Agriculture, Sincerely, This proposal has not been the subject of a Committee on Appropriations, Washington, DC. ORRIN G. HATCH, single hearing and falls squarely within the Hon. DENNIS HASTERT, Chairman. jurisdiction of the House Judiciary Com- Speaker of the House of Representatives, mittee, whose members have not been con- Washington, DC. U.S. SENATE, sulted on this. Hon. JOE SKEEN, COMMITTEE ON THE JUDICIARY, Beyond the serious jurisdictional issue and Chairman, Subcommittee on Agriculture, Washington, DC, October 4, 2000. erosion of intellectual property rights, I fur- Committee on Appropriations, Washington, DC. Hon. TRENT LOTT, ther object to the Waxman proposal because DEAR TRENT, DENNY, THAD, and JOE: This Majority Leader of the Senate, it clearly increases risks to the health and is to register my strong objection to the so- Washington, DC. safety of American patients. This measure called ‘‘non-discrimination’’ amendment DEAR MR. LEADER: I understand that the would place domestic medicine supplies in that Representative Henry Waxman and oth- situation on the drug import provisions in jeopardy by forcing manufacturers to sell ers are trying to insert into the pharma- the Agriculture Appropriations bill is fluid unlimited quantities abroad. It also would ceutical importation provisions in the Agri- and that now there is language being pro- prevent them from exercising sound business culture Appropriations Conference Report. posed that modifies the House proposed text judgment about to whom to sell, forcing This language would affect both intellectual that I have previously criticized. Unfortu- them to sell to unscrupulous shady dealers property and contract rights and raises con- nately, I must register my objection to this and fast-buck artists abroad. For these rea- stitutional questions. As Chairman of the new language as well. sons, I urge you to reject these measures. Senate Judiciary Committee, I believe it is It is my understanding that the new lan- Sincerely, imperative that you reject these ill-advised, guage states: ‘‘No manufacturer of a covered HENRY J. HYDE, eleventh hour provisions that relate to crit- product may enter into a contract or agree- Chairman. ical intellectual property rights that have ment that includes a provision to prevent Mr. ASHCROFT. Mr. President, I rise not been considered by either the House or the sale or distribution of covered products.’’ the Senate Judiciary Committees. How can this restrictive provision square to express my strong support for the Although styled as a ‘‘non-discrimination’’ with such basic American concepts of private Agriculture Appropriations Conference provision, this language is a thinly disguised property and freedom to contract? It seems Report, which we will vote on today. attack on intellectual property protection in to me that Congress, like the courts, should This bill contains over $78 billion in

VerDate 02-OCT-2000 03:04 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.077 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10689 funding (and more than $3.5 billion in Current embargos against agri- Mr. President, I would like to insert emergency assistance for farmers). And culture and medicine will be lifted, and in the RECORD a letter addressed to me it contains important initiatives I have there will be no embargoes in the fu- from Charlie Kruse, the President of been pushing—doubling the payment ture unless the President first receives the Missouri Farm Bureau. Also, I limit for LDPs (from $75,000 to $150,000) Congressional approval. This proposal would like to insert a statement from and lifting embargoes on food and med- of mine has remained in place through- the Missouri Pork Producers. Finally, I icine. out the Senate and House negotiations. would like to insert a letter signed by I extend my sincere gratitude to the It is the underlying basis for real sanc- 15 agriculture organizations supporting Chairman of the Agriculture Appro- tions reform because it does not focus this sanctions reform proposal and the priations Committee, my friend from on any one country. Instead, it is a new Conference Report. Let me just say Mississippi, who has crafted a bill that framework for U.S. policy in general. that this effort—reforming our nation’s gives America’s farmers the assistance The differences between my original policy on food embargoes—has been a they need in the short term—and keeps proposal and this final agreement are cooperative effort. The farm organiza- a promise we made to open more mar- merely details on HOW the exports of tions that have signed these letters kets in which to sell their products food and medicine will be facilitated. have shown tremendous leadership in overseas. We made progress in some areas, and in getting us where we are today. I extend This bill culminates an almost 2-year others, we must monitor the effective- my sincere appreciation for their sup- effort on my part to open overseas ness toward reaching our goal. port throughout this entire process. markets to American farmers by end- Let me explain briefly those dif- I would like to address one final ing U.S. food and medicine embargoes. ferences. On the issue of how the ex- point, Mr. President, with regard to We talk a lot about foreign trade bar- ports will be allowed, there are two the intent of those that have drafted riers, and rightly so. We must continue things I would like to cover—licensing this sanctions reform proposal. Senator to be vigilant to remove those barriers, and financing. HAGEL and I, as the drafters of the un- such as the EU ban on U.S. beef. How- On licensing—we have gone much derlying sanctions reform bill, are sub- ever, it is hypocritical of the U.S. gov- further than the Administration plan mitting a statement of intent on how ernment to target foreign barriers put in place last year, which has two this proposal should be implemented by without removing our own barriers. substantial limitations. First, the Ad- the Administration. I ask for unani- That’s exactly what food embargoes ministration plan requires case-by-case mous consent that it be printed in the are—U.S. barriers against U.S. farmers. licensing, whereas, the language before RECORD following my statement. A policy shift in this area is long over- us in the Conference Report ensures There being no objection, the mate- due, and I am pleased that this Con- that a least restrictive licensing sys- rial was ordered to be printed in the ference Report reflects that shift. tem is set up—to cover a 2 year span RECORD, as follows: While the final product before us is not instead of being case-by-case. Second, perfect, it does change substantially current U.S. policy requires tight re- TRADE SANCTIONS REFORM AND EXPORT EN- HANCEMENT ACT—INTENT OF SENATE SPON- U.S. policy on embargoes of agriculture strictions on the end recipient of the SORS and medicine. food (those to whom we could sell our BRIEF PROCEDURAL HISTORY We know that sanctions hurt farm- farm products). However, the bill we ers. The currently-embargoed market are voting on today allows exporters to A reduction in the amount of agricultural exports and a decline in commodity prices for our food products is estimated by sell to countries broadly, whoever have led to renewed efforts by farm groups some at about $6 billion. Cuba alone wants to buy their products. and agribusiness firms to win a change in could purchase about $1.6 billion worth On financing—all sales to these coun- U.S. sanctions policy. While there has been of food and medicine each year. Jim tries can be freely financed by U.S. some easing of these sanctions through exec- Guest, the President of the Missouri banks, but the House added a restric- utive order, agricultural exporters have Pork Producers said: ‘‘With 11 million tion that will prohibit U.S. banks from sought legislation to exempt their products people who enjoy pork, Cuba will be- being the primary financial institution from embargoes to ensure that any positive come an important U.S. pork export in any sales to Cuba. U.S. banks will be changes in policies are not reversed based on market. In 1998, the last year for which able to facilitate transactions, but changing events or a change of Administra- tion. statistics are available, Cuba imported they won’t be allowed to assume the Title IX of the Fiscal Year 2001 Agriculture about 10,000 metric tons of pork from risk of the Cuban buyers. While this Appropriations Conference Report, the Canada, Mexico and the European policy is not my preference, I will point ‘‘Trade Sanctions Reform and Export En- Union.’’ out that it is not a step backward. It hancement Act,’’ contains sanctions reform This sanctions reform proposal cov- simply keeps in place the current re- for agricultural products, medicine, and ers more countries than just Cuba. strictions that exist in U.S. law. medical devices. There are four other countries affected One final note on financing, particu- The language in this act can be traced by this legislation that could present larly U.S. government financing— back to the ‘‘Food and Medicine for the substantial opportunities for U.S. pro- under the bill before us, U.S. govern- World Act,’’ (originally, S. 425 and S. 1771, both introduced in 1999). The text of the ducers of wheat, soybeans, beef, corn, ment credits will be available to help ‘‘Food and Medicine for the World Act’’ was etc. finance exports of agricultural prod- offered as an amendment to the FY2000 Agri- Furthermore, this provision reforms ucts if the President determines that it culture Appropriations Bill (S. 1233), on Au- sanctions policy for the future. The is in the humanitarian or national se- gust 4, 1999, by Senator Ashcroft and Sen- President will not be able to impose curity interest to extend the credits. ators Hagel, Baucus, Kerrey, Dodd, new sanctions without Congressional All along, I have been committed to Brownback and 15 other cosponsors. The involvement. real sanctions reform in a final bill— Senate defeated a motion to table, 70 to 28, Food embargo reform can be summed and that is what we have accomplished. and the amendment, after modifications, was up as a big ‘‘win’’: a win to the U.S. As with any major reform of U.S. pol- accepted by voice vote. There was not a com- economy, a win for U.S. jobs, a win in icy, our proposal may not be perfect, parable provision in the House appropria- foreign policy, and a win for those hun- tions bill, and ultimately the embargo provi- but we can address any roadblocks that sions were deleted from the conference gry and hurting in foreign countries. arise when they are brought to our at- agreement, at the request of House leader- My goal that I set out to reach years tention by the farming community and ship. ago—giving the U.S. the opportunity to humanitarian organizations. In March 2000, the Senate Foreign Rela- export more food and medicine—has I welcome the recognition by a siz- tions Committee held a marked up of S. 1771, been achieved in the bill we are voting able majority of Congress that the the ‘‘Food and Medicine for the World Act.’’ on today. The Food and Medicine for time has come to reform this nation’s During the mark up, the title was changed to the World Act, which I introduced in obsolete and hurtful policy that allows the current title, ‘‘Trade Sanctions Reform 1999, and which is the basis for the and Export Enhancement Act.’’ using food and medicine in embargoes. The provision, as marked up by the Senate agreement in this Ag. Approps. Con- And I look forward to sending this em- Foreign Relations Committee, was then of- ference Report, separates out food and bargo reform bill to the President’s fered as an amendment to the FY2001 Agri- medicine from all other products when desk so America’s farmers are given in- culture Appropriations Bills (H.R. 4461; S. it comes to sanctions policy. creased freedom to market. 2536) in both the Senate and House during

VerDate 02-OCT-2000 03:04 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.119 pfrm02 PsN: S18PT1 S10690 CONGRESSIONAL RECORD — SENATE October 18, 2000 Appropriations Committee markups. When the Federal Food, Drug and Cosmetic Act, that are state sponsors of international ter- the Senate passed S. 2536, the FY01 Agri- and including supplies, such as but not lim- rorism. culture Appropriations bill on July 20, 2000, ited to, crutches, bandages, wheelchairs, etc. These licenses shall be provided for a pe- it contained the sanctions exemption lan- SECTION 903—RESTRICTION riod of not less that 12 months. However, the guage that had been inserted during com- This section requires the President to ter- sales of products under the license can span mittee consideration. The House language minate all unilateral agricultural and med- 24 months so that the exporter is able to ship was accepted in the House Agriculture Ap- ical sanctions that are in effect as of the propriations Subcommittee, but later de- products for 12 months after the license has date of enactment (though Section 911 pro- expired as long as the contract was entered leted on the House floor on July 11, 2000, as vides a 120 day waiting period to allow the a result of a point of order that the amend- into during the initial 12 month period. This implementation of appropriate regulations). provision gives exporters flexibility to ship ment was an instance of legislating on a Therefore, 120 days after the enactment of spending bill. for 24 months as long as the contracts are en- the bill, U.S. exporters should be allowed to tered into during the first 12 months. A compromise reached between amend- sell any agricultural commodity, medicine, ment supporters and opponents regarding or medical device without restrictions to all The intent of the bill is for the Adminis- the application of the exemption to Cuba countries, as well as to participate in any ac- tration to develop a licensing system that is, served as the House leadership’s position in tivities related to the sale of those products to the extent possible, the least restrictive, conference, and was eventually accepted by (subject only to the exceptions in Sec. 904, least burdensome for the exporter. This sec- House and Senate Republicans. The language the licensing requirements of Sec. 906, and tion does not give the Administration the of S. 1771 that lifts sanctions and restricts the applicable credit limitations of Sec. 908). authority to put in place a case-by-case li- the future use of sanctions was maintained. This section also prohibits the President censing system. The Administration must However, the language on licensing and cred- from imposing any new unilateral agricul- put in place a system for agricultural com- its was altered (see explanation below). Fur- tural or medical sanctions without the con- modities, medicine, and medical devices that thermore, the House leadership added lan- currence of Congress in the form of a joint is no more restrictive than license excep- guage regarding travel to Cuba that has the resolution. If the President imposes broad tions administered by the Department of effect of codifying the current regulations unilateral sanctions in the future that may that restrict travel. Commerce or general licenses administered or may not be a complete embargo, the by the Department of Treasury. It is the ex- PURPOSE President must exempt agriculture and med- pectation of the sponsors that a presumption The overall purpose of this title is clear: to icine from the broad sanctions and treat in favor of sales will to exporters, consistent these products differently. While his powers eliminate unilateral food and medicine sanc- with the purpose of the act—to support en- to declare national emergencies and impose tions and to establish new procedures for the hanced exports. future consideration of such sanctions. In sanctions are maintained as they relate to drafting this provision, the intent of the au- other U.S. products, that power will no Consistent with this expectation, it is the thors is to expand export opportunities for longer apply in relation to the export of agri- understanding of the authors that the De- United States agricultural and medical prod- culture and medical products. The correct partment of Commerce would be the lead ucts beyond that currently provided for in procedure under this Act will require Con- agency for all exports under this title. law and regulations. As the original sponsors gressional approval unless Sec. 904 is appli- Furthermore, any licensing of activities cable. of this provision, we would like to outline related to the sale or export of products cov- briefly what we believe the intent of this SECTION 904—EXCEPTIONS ered by this Act should be under a licensing provision to be, in order to ensure that agen- This section provides a number of excep- system that is the least restrictive possible. cies that will implement this legislation tions to Section 903 to ensure that the Ad- In the case of exports to Cuba, it is the un- fully appreciate the expectations of the ministration, in certain limited instances, derstanding of the drafters that current re- sponsors. We expect that regulations to im- has the ability to impose sanctions in cer- strictions on shipping to Cuba will continue plement this provision will promptly liber- tain instances. While seven particular excep- to be waived for licensed exports. alize the current administrative procedures tions are provided, they are narrowly drawn for the export of agriculture and medicine. A in recognition of the conferees’ expectation Exports to the Government of Syria and section by section explanation follows: that food and medicine sanctions should only the Government of North Korea are excepted SECTION 901—TITLE be used in extraordinary circumstances. Fur- from the licensing requirements of this sec- tion. While the provision mentions an excep- This section contains the title of the Act, ther, these exceptions should not be used to tion only for sales to the ‘‘governments’’ of the ‘‘Trade Sanctions Reform and Export En- impose sanctions permanently as Section 905 these countries, the Senate recognizes this hancement Act.’’ makes clear. It is the intent of the drafters that these exceptions be narrow. Therefore, as a drafting error and would encourage the SECTION 902—DEFINITIONS if a question exists as to whether the pro- Administration to except sales to the private Definitions in the section are broadly posed sanctions might fall under one of the sector in those countries as well. It would be drawn to allow maximum benefit to export- exceptions (for instance whether there are inconsistent policy to lift licensing require- ers of agricultural commodities and medi- ‘‘hostilities’’), it is the desire of the drafters ments to the governments while not lifting cine and medical products. that the President comply with Sec. 903 and them for the private sector buyers in these Agriculture Commodities: The drafters seek Congressional approval. It is the intent countries. used the definition of ‘‘agricultural commod- of the drafters that the President not to use ities’’ in the Agricultural Trade Act (7 U.S.C. This section also requires that procedures these exceptions liberally for to do so would be in place to deny exports to any entity §5602) because of its inclusiveness. It includes frustrate the purpose of the bill—to ensure all food commodities, feed, fish, and live- within such country that engages in the pro- that sanctions on agriculture and medicine motion of international terrorism. This lan- stock, as well as fiber. Also, for all of these are used only when it is in the national secu- guage is intended to give the Administration items, the definition includes ‘‘the products rity interest of the Untied States to do so. very narrow discretion in the granting of li- thereof.’’ Therefore, it is the drafters intent Specifically with regard to paragraph (2), to cover all value-added products and proc- it is the intent of the drafters that this pro- censes for exports to specific sub-entities essed products that include food, feed, fish, vision cover only dual-use items. This provi- that are directly involved in the promotion livestock, and fiber. In addition, value added sion should be narrowly interpreted so as to of terrorism. products and processed products are covered allow as many exports as possible—keeping Finally, this section requires quarterly and even if they contain some inputs that are in mind that the products being considered biennial reports on these licensing activities not of U.S. origin. Note: The drafters specifi- for export are humanitarian products that to determine the effectiveness of licensing cally chose not to use another definition in can feed, clothe, and heal people. arrangements. The drafters encourage the U.S. law that requires all of the inputs to SECTION 905—TERMINATION OF SANCTIONS Administration to work closely with the these processed foods be of U.S. origin, 7 This section provides for a sunset of any U.S. private sector to establish licensing pro- U.S.C. §1732. For purposes of administering cedures and to determine the effectiveness of Title IX of this Act, Section 775 of the Con- food or medicine sanctions imposed under the procedures. ference Report clarifies that the term ‘‘agri- Section 903, not later than 2 years after the date the sanction becomes effective. Sanc- cultural commodity’’ shall also include fer- SECTION 907—CONGRESSIONAL PROCEDURES tilizer and organic fertilizer. tions may be maintained only if the Presi- Agricultural Program: The intent of the dent recommends to Congress a continuation This section requires that a report sub- bill is to lift sanctions on commercial sales, for not more than 2 years, and a joint resolu- mitted by the President under Section 903 or as well as sanctions on the use of federal pro- tion is enacted in support of this rec- Section 905 shall be submitted to the appro- grams that are used to facilitate the export ommendation. priate committee or committees of the of agricultural products. SECTION 906—STATE SPONSORS OF House of Representatives and the Senate. A Medical Device and Medicine: These terms INTERNATIONAL TERRORISM joint resolution in support of this report should be interpreted broadly to mean all This section requires licenses for the ex- may not be reported before the eighth ses- products commonly understood to be within port of agricultural commodities, medicine sion day of Congress after the introduction these categories, as explicitly recognized by or medical devices to Cuba and to countries of the joint resolution.

VerDate 02-OCT-2000 03:04 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.121 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10691

SECTION 908—PROHIBITION ON UNITED STATES title of Sec. 909, the actual language of Sec. said. Senator Ashcroft’s determination has ASSISTANCE AND FINANCING 909 does not codify the currently regulatory helped create an environment where Mis- Section 908(a)(1) prohibits the use of restrictions. Instead, the language simply souri pork producers will have the oppor- United States government assistance and fi- states that Sec. 909 does not affect regula- tunity to compete for business in Cuba for nancing for exports to Cuba. However, con- tions found at 31 C.F.R. § 515.204. the first time in 40 years.’’ sistent with the overall intent of the meas- SECTION 910—REQUIREMENTS RELATING TO CER- Senator Ashcroft authored a sanctions re- ure, this prohibition is not intended to mod- TAIN TRAVEL-RELATED TRANSACTIONS WITH form provision that was far reaching in its ify any provision of law allowing assistance CUBA scope and which passed the Senate. The Ag- riculture Appropriations Conference Agree- to Cuba. This section requires the Secretary of ment includes compromise language to allow The provision also restricts the use of gov- Treasury to promulgate regulations to au- the sale of food and medicine to Cuba and ernment assistance for commercial exports thorize travel to, from, or within Cuba for four other previously sanctioned nations. On to Iran, Libya, North Korea, and Sudan, un- the ‘‘authorized’’ commercial sale of agricul- October 11, the bill was overwhelmingly ap- less the President waives the restrictions for tural commodities. The sponsors of this proved in the House and the bill is pending in national security or humanitarian reasons. measure believe that this section should be the Senate. President Clinton has said he In recent months, the Administration has interpreted in a manner that expands travel will sign the bill. taken several steps to liberalize these and currently allowed under the regulations in ‘‘Senator Ashcroft’s vision has brought us other restrictions on agricultural trade with keeping with the overall Act’s purpose of ex- to the point where we can begin to think of Iran, Libya, North Korea, and Sudan. As panding ‘‘authorized’’ exports. such, we believe it will be in the best inter- Cuba as a potential customer and that is a est of U.S. agricultural producers, as well as SECTION 911—EFFECTIVE DATE tremendous achievement,’’ Guest said. ‘‘With for the United States’ balance of trade, for This title shall take effect on the date of 11 million people who enjoy pork, Cuba will the President to use the waiver authority in enactment and apply thereafter in any fiscal become an important U.S. pork export mar- subsection (a)(3) to promptly waive these re- year. The bill does not expire with the expi- ket.’’ strictions before the current sanctions are ration of the FY01 Appropriations bill. Uni- The Missouri Pork Producers has sup- lifted (120 days after enactment of this bill). lateral agricultural or medical sanctions in ported easing the trade embargo with Cuba, If the President’s waiver authority is not effect as of the date of enactment shall be and ending the practice of using food and promptly exercised, the restrictions in sub- lifted 120 days after enactment. medicine as foreign policy tools. In 1998, the section (a)(1) could act to restrict exports of last year for which statistics are available, agricultural commodities, medicines, and MISSOURI FARM BUREAU FEDERATION, Cuba imported about 10,000 metric tons of medical devices to these countries to a Jefferson City, MO, October 18, 2000. pork from Canada, Mexico and the European greater extent than current law. This is cer- Hon. JOHN ASHCROFT, Union. tainly not the intent of this legislation. U.S. Senate, Specifically with regard to Cuba, sub- Washington, DC. OCTOBER 10, 2000. section (b) of section 908 prohibits any DEAR SENATOR ASHCROFT: We are very Hon. JOHN ASHCROFT, United States person from financing U.S. ag- pleased the U.S. Senate will soon vote on the U.S. Senate, ricultural exports to Cuba. However, in order Conference Report for the fiscal year 2001 Washington, DC. to accommodate sales of agricultural com- Agriculture Appropriations Bill. Missouri DEAR SENATOR ASHCROFT: The undersigned modities to Cuba, subsection (b) specifically Farm Bureau, the state’s largest general organizations urge you to support passage of authorizes Cuban buyers to pay U.S. sellers farm organization, strongly support this leg- H.R. 4461, the FY01 agriculture spending bill. with cash in advance, or to utilize financing islation. In fact, we have been hoping for this In addition to funding important USDA through third country financial institutions. day ever since you introduced the Food and food safety, agricultural research and trade While they cannot extend financing to Medicine for the World Act in 1999. enhancing programs, the legislation is criti- Cuban buyers, U.S. financial institutions are We are grateful for the leadership shown cally important to farmers and ranchers be- specifically authorized to confirm or advise by you and your staff regarding the lifting of cause it includes: letters of credit related to the sale that are unilateral trade sanctions for food and medi- $3.5 billion of critically needed emergency issued by third country financial institu- cine. This measure will result in access to assistance for agricultural producers hurt by tions. Under this procedure, third country fi- markets that have long been closed to our this year’s poor weather conditions; nancial institutions can manage the Cuban nation’s farmers and ranchers. Frankly, it Sanctions reform to lift the embargo on risk associated with these transactions. In couldn’t come at a better time; the combina- food and medicine to Cuba, Iran, Libya, turn, the third country financial institution tion of continued low commodity prices and North Korea and Sudan. In addition, the lan- issues a letter of credit free to be confirmed increased fuel and interest expenses are hav- guage makes it much more difficult for fu- by a U.S. bank, which assumes no Cuban ing a devastating effect on both producers ture presidents to impose unilateral sanc- risk. This provision, which creates a ‘‘fire- and rural communities. tions; wall’’ against ‘‘sanctioned-country risk,’’ is As you know, we recently hosted Fernando Doubling of the Loan Deficiency Payment/ consistent with the role played by third Remirez De Estenoz, the First Deputy Min- Marketing Loan Gain payment cap from country banks in transactions with some ister and Chief of the Cuban Interests Sec- $75,000 to $150,000 for one year; and other countries subject to U.S. sanctions. tion in Washington, DC, on a series of farm This bill is critically important to the U.S. financial institutions may act as ex- visits in southeast Missouri. During the ability of our producers to prosper in the fu- porters’ collection and payment agents, con- visit, Ambassador Remirez made it clear ture. We urge your support. firm third country letters of credit, and that Cuba could provide a significant new Sincerely, guarantee payments to the U.S. exporters. market for U.S. agricultural products. The American Farm Bureau Federation The provision of such export-related finan- high quality of our production, coupled with American Soybean Association cial services by U.S. financial institutions favorable transportation rates, makes the National Association of Wheat Growers (commercial banks, cooperatives, and oth- U.S. extremely competitive in the Cuban National Barley Growers Association ers) will allow U.S. farmers, their coopera- market. National Cattlemen’s Beef Association tives, and exporters to be assured that they It has become clear that food must not be National Corn Growers Association will be paid for exported commodities. used as a weapon. Unilaterally denying U.S. National Cotton Council Subsection (b)(3) of section 908 requires the agricultural producers access to foreign mar- National Milk Producers Federation President to issue regulations that are nec- kets simply does not work in a global econ- National Sunflower Association essary to carry out this section. In addition omy. Rice Millers’ Association to waiving the restrictions on assistance as Again, we applaud your on-going leader- U.S. Canola Association appropriate under subsection (a)(3), these ship on this issue and believe it to be some- U.S. Durum Growers Association regulations need to facilitate the export of thing that will provide long-term benefits to U.S. Rice Producers Association agricultural commodities, medicine, and our nation’s agricultural producers. U.S. Rice Producers’ Group medical devices. In particular, the regula- Sincerely, Wheat Export Trade Education Committee tions need to accommodate these specifically CHARLES E. KRUSE, Mr. DURBIN. Mr. President, I rise authorized exports by waiving the restric- President. today to briefly discuss the Fiscal Year tions with respect to vessels engaged in 2001 Agriculture Appropriations con- trade with Cuba found at 31 C.F.R. § 515.207. PORK PRODUCERS THANK SENATOR ASHCROFT ference report, H.R. 4461. SECTION 909—PROHIBITION ON ADDITIONAL Missouri Pork Producers President Jim First, I would like to commend Sen- IMPORTS FROM CUBA Guest today commended Senator John ators COCHRAN and KOHL, the Senate Section 909 reiterates that this Act does Ashcroft for his work in drafting language Subcommittee chairman and ranking not change current regulations that prohibit that opens the door to potential U.S. pork entry into the United States of any mer- exports to Cuba. member. They have put together a very chandise that is of Cuban origin, has been ‘‘Senator Ashcroft has been a leader in the good underlying bill and have done so transported through Cuba, or is derived from effort to reform outdated sanctions policies with bipartisan support and coopera- any article produced in Cuba. Despite the that harm American farm families,’’ Guest tion. From the very first hearing of the

VerDate 02-OCT-2000 03:34 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.122 pfrm02 PsN: S18PT1 S10692 CONGRESSIONAL RECORD — SENATE October 18, 2000 year, through conference, Chairman this loophole. The language also omits tion medications. And there is no ques- COCHRAN has endeavored to deliver a provisions that would prevent the tion in anyone’s mind that we have the bill that is helpful to our farmers and pharmaceutical industry from forcing best—the very best—health care in the ranchers and fair to the Food and Drug foreign wholesalers to sell products at world. Administration. Again, I congratulate the inflated American price. Without But our health care system is not him on this important accomplish- such a provision, the drug industry will without its flaws. Prescription drugs ment. be able to prevent U.S. consumers from are revolutionizing health treatments, I was a conferee on this bill, as I am obtaining more affordable medicines. but their high cost is causing concern a member of the Senate Agriculture There is no effort to focus re-importa- throughout the country. Everywhere Appropriations Subcommittee. How- tion so as to benefit the most severely we turn—from ‘‘60 Minutes’’ to News- ever, I regret to say that I was unable disadvantaged Americans: the elderly week—we hear of the struggles that to sign the conference report because and the disabled. our nation’s patients, especially the el- of specific provisions on Cuba sanctions I am convinced that Congress needs derly, face, and the dramatic difference and prescription drug re-importation. to address prescription drug coverage in costs of prescription medication be- Specifically, I am distressed that the and the cost of pharmaceutical prod- tween the U.S. and our neighbors to conferees did not support the Senate ucts here at home. Tortuous transport the North. position on lifting food and medicine through other countries to re-import The high cost of prescription medica- sanctions against Cuba. The House lan- products that were originally manufac- tions in the United States is forcing guage limiting U.S. sales to a cash only tured here in the U.S. is not the most many of our nation’s seniors to make or third-country financing basis will effective remedy for the high prices unthinkable decisions that are harmful unnecessarily restrict the sales of food that American consumers pay today. to their health and well-being. It is and medicine to Cuba. Mr. President, I would like to note simply unacceptable that the elderly I am further troubled by the lan- with appreciation that this conference have to chose between filling a pre- guage restricting travel by Americans report includes important assistance scription or buying groceries. to Cuba. During the Cold War, Ameri- for our nation’s farmers who are facing A solution to the pressing problem of cans were able to travel to the Soviet another year of low prices. prescription drug coverage can’t come bloc countries, and if they were kept The assistance farmers received last soon enough. In 1998, drug costs grew out, it was by the Communists, not by year helped many Illinois farmers. An more than any other category of health our own government. I believe Castro October 1999 study by the University of care—skyrocketing by 15.4 percent in a has more to fear from an invasion force Illinois projected that average net single year. And that’s a special burden of American tourists than from our farm income for Illinois farmers would for seniors, who pay half the cost asso- sanctions policy. I cannot imagine how have been just $11,000 in 1999 without ciated with their prescriptions as op- restricting the ability of Americans to federal assistance. But with federal as- posed to those under 65 who pay just a go to Cuba could possibly advance our sistance, their income rose to $25,000. third. shared goal of peaceful change toward Although the U.S. economy con- Seniors are reeling from the burden democracy and a free market economy tinues to thrive, farmers and those who of their prescription drug expenses— in Cuba. live in rural America do not appear to one of the latest studies shows that the With regard to prescription drug re- be reaping the benefits. This measure average senior now spends $1,100 every importation, too many Americans provides $3.6 billion for weather-related year on medications. And with the lat- struggle to afford prescription drugs crop losses and livestock assistance, est HCFA estimates putting the num- that their doctors believe are necessary and it increases funding for the Farm ber of seniors without drug coverage at to alleviate or prevent illness. Unfortu- Service Agency to carry out vital farm around 31 percent of all Medicare bene- nately, those who can least afford programs and emergency measures. ficiaries—or about 12 out of nearly 40 these drugs because they do not have The conference report also doubles the million Americans—it’s not hard to see insurance coverage for prescription loan deficiency limits to ensure farm- why we can no longer wait to provide a drugs generally pay far more than the ers are able to receive the income sup- solution. In fact, nearly 86 percent of ‘‘most favored’’ purchasers such as port they need. Medicare beneficiaries must use at Health Maintenance Organizations, The conference report also contains least one prescription drug every day. HMOs, and other big insurers. $1 billion for P.L. 480—Food for Peace, Who are these seniors who don’t have Instead of dealing with the real issue $697 million for the Food Safety and In- prescription drug coverage? Who are of providing comprehensive, affordable spection Service, $2.5 billion for USDA the ones traveling by the busload to drug coverage to all America’s seniors Rural Development programs, $9.5 bil- Canada to buy their prescription and the disabled, this conference report lion for child nutrition programs—in- drugs? These are people caught in the takes a much more limited step. It is cluding a School Breakfast pilot pro- middle—most of whom are neither billed as a means to provide our con- gram, and $1.2 billion for the Food and wealthy enough to afford their own stituents with access to better priced Drug Administration. coverage, nor poor enough to qualify medicines by allowing for the re-impor- Mr. President, although I have some for Medicaid. We know that seniors be- tation of drugs sold at lower prices in serious reservations with regard to tween 100 percent and 200 percent of other countries. This provision in- Cuba sanctions and prescription drug the federal poverty level have the low- cludes measures to ensure the safety of re-importation, I am voting for this est levels of prescription drug cov- these re-imported products by requir- conference report because of its other erage. ing testing after re-importation. How- valuable provisions that are simply too In my eyes, it is absolutely uncon- ever, the language attached to this important to Illinois agriculture to scionable that any senior would be ar- conference report still includes several delay. rested after purchasing their otherwise pharmaceutical industry-backed loop- Ms. SNOWE. Mr. President, I rise legal prescription medication in Can- holes that will undermine consumer today in support of the prescription ada. That is why I teamed up with Sen- ability to access cheaper drugs. These drug reimportation provisions included ators JEFFORDS and DORGAN to intro- loopholes were added late in the proc- in the conference report for the FY 2001 duce the ‘‘Medicine Equity and Drug ess and have the potential to nullify agriculture appropriations bill. I also Safety Act’’ as an amendment to the the entire provision. want to thank my colleagues, espe- FY 2001 agriculture appropriations bill. Drug companies will be able to limit cially Senators JEFFORDS and DORGAN The amendment was accepted over- supplies in foreign countries to thwart for their hard work and dedication to whelmingly by a vote of 74 to 21. re-importation efforts. Nothing in the this important issue. I am pleased that the conference re- language of this conference report ad- The United States is in the midst of port includes a compromise on this dresses this issue. In fact, the limita- a time of amazing prosperity. Nearly amendment. The conference provision tion on the countries from which every week it seems that we hear of as- allows pharmacists and wholesalers to wholesalers and pharmacists may re- tounding new breakthroughs in bio- import prescription drugs for sale to import drugs will clearly aggravate medical research and in new prescrip- American customers that were made in

VerDate 02-OCT-2000 03:04 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.096 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10693 the U.S. or in FDA-approved facilities. care for Canadian consumers. The Ca- measure in conference. After all, this The provisions require stringent safety nadian health care system is a govern- amendment represents a dramatic and efficacy regulations. Drugs may ment-run monopoly, an approach change in the function and purpose of only be reimported from Europe, Can- soundly rejected by the American pub- our trade laws. ada, Japan, Australia, Israel, New Zea- lic in 1994. In the U.S., costs are con- Currently, our trade laws are de- land, and South Africa. Controlled sub- strained through the market—not by signed to address any dumping or sub- stances, such as morphine, cannot be the government—as health insurers, sidized sales into our market by impos- imported. pharmacy benefit managers, and pre- ing an offsetting duty on imports. With Drugs that are going to be re- ferred customers like the U.S. Depart- the enactment of this procedure, how- imported must meet U.S. labeling re- ment of Veterans Affairs negotiate ever, not only will the domestic pro- quirements and there will be stringent heavy discounts based on the size of ducer enjoy the benefit of having a sur- reporting requirements on any re- their insurance pool. charge applied to the sales of its for- importation. The new provisions pro- Seniors in the U.S. have limited bar- eign competitor, but they will also get hibit manufacturers from entering into gaining power to negotiate down drug a significant cash payment courtesy of a contract to prevent reimportation. costs because they are not part of a the U.S. treasury. This is not an insig- Drug reimportation will not be allowed single pool. Yet if seniors were united nificant amount. According to the U.S. unless the Secretary of HHS can cer- in a single group, they could exercise Customs Service, over $200 million of tify that the reimported drugs are safe substantial clout in the marketplace to dumping and countervailing duties and effective. The FDA will not be al- negotiate lower drug costs. were assessed on imports last year. lowed to send letters to individuals There are 39 million Medicare bene- What this will likely do is to encour- about their personal reimportation un- ficiaries—and these 39 million cus- age the filing of cases in circumstances less the FDA believes that the drugs tomers purchase a third of our nation’s that would not otherwise merit it. the person is bringing back are not prescription medications. This rep- After all, the cash payment will not be safe, not effective, or not labeled cor- resents a very large section of the mar- made to the whole domestic industry. rectly. Finally, the Secretary of HHS ket. Enacting prescription drug cov- Instead, only those who supported the must certify that reimported drugs will erage for Medicare beneficiaries will filing of the antidumping petition will save consumers money. make seniors a part of buyer groups be paid. Differentiating between dif- Opponents of the reimportation of with greater marketplace clout. This ferent parts of a domestic industry in prescription medications have well- market force will allow seniors as a this way is unprecedented in our trade founded concerns about the safety of group to negotiate discounted pharma- policy and completely unwarranted. Now I understand that the money these medications. There is no doubt ceutical costs that will not only be the under this proposal is supposed to be that the U.S. Food and Drug Adminis- most economically sound solution, but funneled to research and development, tration is the world’s premier agency will also guarantee seniors coverage of and other legitimate purposes. But in ensuring not only that drugs are safe their prescription drugs. money is fungible, and I fear that we and effective for their intended use, but When American seniors find they will only be encouraging litigiousness. have no market power, they often de- that the actual manufacture of these Who will benefit from this proposal? drugs is done cleanly and safely. termine that their only recourse is to It is certainly not our consumers, who So when Congress considers changing buy their much-needed drugs in a com- will pay significantly higher prices as a the law to allow the importation of ei- pletely different market. It is fun- result, and who will likely have to suf- ther retail or personal use prescription damentally unfair when seniors in fer from an even greater number of medication, we must also consider the Maine feel they must drive across the cases being filed. safety implications that are involved: Canadian border to obtain affordable Our farmers and our other export in- Are other countries insisting on the prescription medications. dustries will not benefit. After all, same standards we are? Are other Allowing the reimportation of pre- what will now happen with the enact- countries guaranteeing the effective- scription medications is, at best, an in- ment of this measure is that we will ness of the medication—medication terim approach. It can be implemented likely be obliged to pay in some future that is purportedly identical in while Congress debates the larger issue negotiation, such as market access on strength? Are other countries using the of Medicare reform, and enacting agriculture, to preserve what will un- same ingredients and ensuring that meaningful prescription drug coverage doubtedly be described as a private there are no impurities in these ingre- for Medicare beneficiaries. right of action to garner industry-spe- dients? Again, Mr. President, I rise in sup- cific government subsidies. The conference provision focuses on port of these provisions and I thank Ironically, the industries that tradi- these safety considerations and in- the conferees for their willingness to tionally rely on the dumping and coun- cludes substantial safeguards against address this vital issue and their dedi- tervailing duty laws will also likely get the reimportation of lesser-quality pre- cation to hammering out a workable little benefit from this proposal. While scription medication and stringent reg- compromise. I understand the frustration of some of ulation to ensure that Americans have Mr. ROTH. Mr. President, I rise those who have suffered from foreign access to only the safest of products. today to express my grave concerns re- dumping and subsidization, this meas- Clearly, seniors are traveling to Can- garding a provision relating to our ure, ironically, will do nothing to ada because the price of prescription trade remedy laws that is a part of the eliminate unfair trade practices or to medications is generally less expensive agriculture appropriations conference ameliorate the conditions that allow than in the United States. The dif- report that is before us today. My con- these unfair trade practices to persist. ference in the prices between the Cana- cerns regarding this measure relate We will only have undercut our own ef- dian and the American market for both to the way this provision found its forts to impose greater disciplines on pharmaceutical products does not way into this conference report, as well European agricultural subsidies, Japa- come because we are purchasing dif- as to its substance. nese support for its steel industry, or ferent drugs or different quantities of With regard to procedure, I am trou- Korean support for their automobile drugs. It is this point that I hear the bled, to say the least, that a significant industry. This is manifestly bad trade most about from my constituents: why modification of our trade laws is being policy wholly apart from the serious can a person buy the same exact drug, made with no consideration or delib- technical deficiencies of the proposal. in the same exact dosage, and the same eration by the committees of jurisdic- And what will we say once our trad- quantity, for so much less in Canada tion. I would have hoped that the Agri- ing partners decide to follow our lead than they can in Maine? culture Subcommittee of the Appro- and adopt this same scheme in their The disparity in costs between U.S. priations Committee would have con- trade remedy laws? Will we complain? and Canadian drug costs reflects our sidered the importance of allowing the Or will we sit quietly as our farmers different markets, but also the govern- committee of jurisdiction—the Com- and manufacturers begin to face yet ment-run health care system that lim- mittee on Finance—to review this pro- another hurdle in their efforts to sell its choices and proscribes doctors and vision before deciding to adopt this in foreign markets.

VerDate 02-OCT-2000 03:04 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.092 pfrm02 PsN: S18PT1 S10694 CONGRESSIONAL RECORD — SENATE October 18, 2000 Mr. President, this is an ill-consid- Drug and Cosmetic Act, FFDCA, in sec- want to make a few brief remarks to ered proposal that not only damages tion 745(c) can be implemented. The reiterate my support for the prescrip- our broader trade policy interests, but Secretary is required to demonstrate tion drug provision included in this it also up-ends the committee struc- to the Congress that implementation bill, and to address some of the unfor- ture. I am a strong supporter of our will: (1) pose no additional risk to the tunate rhetoric that I have heard dur- trade remedy laws, but this proposal public’s health and safety, and (2) re- ing this debate. distorts our laws in a way that serves sult in a significant reduction in the We all know why this provision is in no constructive purpose. This is unfor- cost of covered products to the Amer- this bill. The American people are fed tunate and unnecessary, and I regret ican consumer. up with the situation that exists today, that the Agriculture Subcommittee As contained in section 745(c), sec- where Americans pay far more for chose to take this action. tion 804(l) enlists the expertise and FDA-approved, American-made pre- Mr. COCHRAN. Mr. President, the conscience of the Secretary of Health scription drugs than patients in any conference report includes a provision and Human Services to make a specific other country in the world. I am not that is designed to eliminate an in- and clear demonstration to assure here to demonize the drug industry. equity that has arisen regarding a spe- these changes to the law will produce It’s true that these companies are cial grade designation of rice known as their intended result and do no unin- making some miraculous break- sweet rice. This rice had been ineligible tended harm. In a written report to the throughs and improving the lives of for price support for some time, but the Congress, the Secretary is to dem- many Americans. But why must Amer- Department of Agriculture changed the onstrate the factual basis for his or her icans have to shoulder seemingly the rules in December 1999 to make the 1999 decision. That report should include entire burden of paying for research, crop eligible for marketing loans and relevant analysis and information that development and a healthy return to loan deficiency payments for the first implementation of these changes in shareholders? I believe it is time we time. Unfortunately, producers of this law will pose no additional risks to the put an end to this unfair burden. I rice had not been notified by the coun- American public’s health and safety don’t think it is fair to expect Ameri- ty offices of the crop’s eligibility until and will significantly reduce retail cans, especially our senior citizens liv- after the period for obtaining loans and prices. ing on fixed incomes, to pay the high- loan deficiency payments had expired. After all, the motivation for these est costs in the world for prescription The provision in the conference re- changes in law is to let U.S. drugs be medicines, many of which are manufac- port is designed to correct this in- brought back from Canada and other tured within our borders. That’s why equity. The provision would extend the countries where they cost less, allow- more than a year ago I started working eligibility date for such loans and loan ing these drugs to be available to indi- with the Food and Drug Administra- deficiency payments and allow pro- vidual American consumers at lower tion, the agency responsible for over- ducers of such rice who lost beneficial prices. If reimportation results pri- seeing the safety of the drug supply in interest in the crop on or before May marily in profits for importers and this country to see if there were a way 31, 2000, the final date for obtaining does not result in a reduction in the we could safely reimport prescription loans or loan deficiency payment, to price of drugs to American consumers, medicines into our country. obtain a loan deficiency payment based then the intent of these provisions is In July, on an overwhelming vote of on the payment rate in effect on the not achieved. 74–21, the United States Senate agreed date they lost the beneficial interest. I believe that with the additional to an amendment I offered with Sen- Producers who lost the beneficial inter- safeguard provided by the original ators WELLSTONE, DORGAN, GORTON, est in their production after May 31, amendment adopted by the Senate, we SNOWE, and others to do just that. Just 2000 would be eligible to receive a loan can be more assured that this new drug three weeks ago, President Clinton en- deficiency payment based on the pay- reimportation system, if implemented, dorsed the Jeffords language, saying ‘‘I ment rate in effect on May 31. The con- will not have adverse unintended ef- support the Medicine Equity and Drug ferees had agreed that this provision fects on public health and safety and Safety Act of 2000 which the Senate was necessary to make whole those will achieve its intended result of mak- passed’’ and ‘‘I urge you to send me the producers of the crop who had lost the ing drugs more affordable for indi- Senate legislation.’’ The negotiators opportunity to obtain price support vidual American consumers. for the House and Senate on the agri- through no fault of their own. The PRESIDING OFFICER. The Sen- culture appropriations bill have now Mr. COCHRAN. Mr. President, with ator from Mississippi. completed their work. Unfortunately, sections 745 and 746 of this bill, the Mr. COCHRAN. Mr. President, I yield the process used in reaching this agree- Congress intends to facilitate access 5 minutes to the distinguished Senator ment was marred by partisanship. That for Americans to reimport U.S.-made from Vermont, Mr. JEFFORDS. is regrettable. But the product is as prescription medicines, as long as it The PRESIDING OFFICER. The Sen- strong as the one endorsed by the Clin- does not lower the safety standards ator from Vermont. ton administration, and even stronger that previous Congresses and Adminis- Mr. JEFFORDS. Mr. President, I in some respects. trations have carefully developed in have come to the floor to urge my col- Some of my Republican colleagues consumer, health and safety protection leagues to support this Agriculture ap- have criticized this proposal for going legislation over the years. Under these propriations conference report. I want too far. My Democratic friends have provisions, Americans are allowed ac- to thank Senator COCHRAN, the chair- criticized this for not going far enough. cess to U.S. products sold overseas at man of the Senate Agriculture Appro- The legions of lobbyists for pharma- lower prices provided that those medi- priations Committee, for his work on ceutical industry vigorously oppose cines, when reimported, are dem- this important legislation. In par- this proposal, and tried their best to onstrated to be safe and effective. ticular, I want to thank him on behalf get it stripped from this legislation. I At the time the Senate considered of the dairy farmers across the nation, continue to believe that the proposal this appropriations bill, the Senate New England and Vermont. Included in before the Senate today, while slightly adopted an additional safeguard to pro- this agriculture spending bill is badly different from my plan, is a strong and tect consumer health and safety. By a needed support for dairy farms. These workable proposal. Critics have argued vote of 96 to 0, the Senate agreed to an dairy assistance payments will bring that the proposal has been weakened amendment which Senator KOHL and I approximately six thousand, four hun- because it allows drug companies to offered to the amendment of Senator dred dollars for the average 80-cow frustrate the intent through manipula- JEFFORDS to include the Medicine Eq- dairy farm. At a time when the na- tions of sales contracts. The fact is, uity and Drug Safety Act of 2000 on tion’s dairy farmers are facing low this bill is stronger than either the this bill. That amendment is retained milk prices, these payments will help House-passed or Senate-passed versions in this conference report, and requires make ends meet. because it includes a clear prohibition the Secretary of Health and Human In Vermont, these payments will give of such agreements—something that Services to make two determinations our dairy farmers a much needed boost was missing in the House and Senate before the changes to the Federal Food, heading into the long winter. I also bills. In fact, let me quote from that

VerDate 02-OCT-2000 03:04 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.087 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10695 section of the bill: ‘‘No manufacturer that this is ‘‘the first defeat ever suf- Mr. President, as the principal au- of a covered product may enter into a fered by the pharmaceutical industry thor of the drug importation amend- contract or agreement that includes a in memory.’’ ment included in the Agriculture Ap- provision to prevent the sale or dis- Now I ask you, if this bill is unwork- propriations bill, I am taking this op- tribution of covered products imported able as the critics have charged, why is portunity to provide a detailed expla- pursuant to subsection (a).’’ the pharmaceutical industry so op- nation of the provisions of the drug im- I don’t know how to be more clear posed to the bill, and why are even our portation section. and simple than that. But just in case critics calling this a defeat for the in- The conference report to H.R. 4461 my colleagues think that stronger lan- dustry? That should tell you something amends the Federal Food, Drug, and guage is needed, the bill grants to the about what they really think the effect Cosmetic Act and expands the entities Secretary the ability to react to unan- will be of this provision. As I said be- permitted to import certain drugs into ticipated challenges through language fore, Mr. President, I am disappointed the U.S. under Section 801 of the Act, in another section which requires that with how partisan this issue has be- to include pharmacists and drug whole- the Secretary issue regulations con- come, but I am glad that the President salers. The Secretary of Health and taining any additional provisions nec- has said he will sign the bill. I am call- Human Services will promulgate regu- essary ‘‘as a means to facilitate the im- ing on Congress to put partisanship lations to carry out the importation portation of such products.’’ Such aside and pass this bill. And I am call- provisions after consultation with the broad authority will ensure that this ing on the Clinton administration to United States Trade Representative provision works. In fact, less than 10 quickly write these regulations so that and the Commissioner of Customs. days ago, at the very time that the ordinary Americans can realize savings Under the new section 804(b), the reg- Clinton administration was changing on prescription drugs as soon as pos- ulations promulgated by the Secretary its position on the Jeffords amend- sible. must ensure that each drug product ment, the New York Times reported Mr. President, I rise also today in that is imported under this section that it planned to implement the Pa- support of two important food stamp complies with section 501, 502, and 505, tient’s Bill of Rights by regulation. It provisions included in this conference and any other applicable provisions of is hard to understand why the adminis- report. These provisions are based upon the Federal Food, Drug, and Cosmetics tration so eagerly sees regulatory au- S. 1805, the Hunger Relief Act of which Act (FFD&C Act) and is safe and effec- thority where many do not, yet cannot I was proud to be an original cospon- tive for its intended use, as well as the see it when plainly written in the stat- sor. provisions of this section. This provi- ute. Critics have claimed that the lat- The language in the bill will allow sion also grants broad discretionary est version of the bill contains a loop- low-income people who spend more authority to the Secretary to include hole regarding the labeling require- than 50 percent of their income on any additional provisions in the regula- ments. The fact is, the bill requires housing to receive food stamp benefits tions that are necessary to protect the manufacturers to provide all necessary at a level that more accurately reflects public health and to facilitate the im- labeling information, and the provision their need. Additionally, it will allow portation of drug products under this that I just quoted gives the FDA very low-income people who need a car to section. broad power to write any other rules find or keep work to still receive food Subsections (c) and (d) outline exten- necessary to accomplish the intent of stamp benefits and continue to own a sive record keeping requirements that the provision. Moreover, this labeling reliable car. must be met in order to import under language is unchanged from the These provisions will provide impor- this law, including: version that adopted by the Senate and tant relief for needy families in (1) the name, amount and dosage de- endorsed by President Clinton. Vermont and all around the United scription of the active ingredient; Critics have claimed that the bill un- States. In Vermont alone, 42,000 people, (2) the shipping date, quantity fairly restricts the countries from the great majority families with chil- shipped, and points of origin and des- which these products may come. The dren or senior citizens, are on food tination for the product, price paid by fact is that the bill lists 23 countries to stamps. the importer, and price sold by the im- start the process, and lets the FDA ex- Both provisions in this conference re- porter; pand the list at any time. Critics have port are important to my state of (3) verification of the original source complained that this bill will expire Vermont. First, the increase in the and amount of the product received; after about 7 years. The fact is that maximum amount of excess shelter ex- (4) the manufacturer’s lot or control this is a vast improvement over the pense deduction to qualify for food number; House-passed version which would have stamps is important as we have lately (5) the name, address, and telephone expired after only one year. As we all seen housing prices increasing rapidly number of the importer, including the know, major legislation is frequently in Vermont. Without the increase con- professional license number of the im- required to be reauthorized on 5 year tained in the conference report, rapidly porter (if any); cycles in order to force Congress to rising housing prices are diluting the (6) lab records assuring that the prod- make improvements, and popular effec- effectiveness of the food stamp pro- uct is in compliance with established tive laws always survive this process. gram because the true need for food standards; Mr. President, this bill, like any stamps is not being adequately rep- (7) proof that testing was conducted other, may not be perfect, but the fact resented. The vehicle allowance provi- at a qualifying laboratory; and is that it is stronger than the original sions are vital in a rural state like (8) any other information the Sec- Jeffords amendment. That is why John Vermont where a reliable car is almost retary determines is necessary to en- Rector, senior vice president for the a necessity to get to or find work. Pro- sure the protection of the public National Community Pharmacists As- viding flexibility in the vehicle allow- health. sociation who has been a leader in the ance will allow low-income individuals For a product that is coming from effort to reimport lower cost drugs and to qualify for food stamps while being the first foreign recipient, the importer whose members would be importing able to continue to own a reliable car. must also demonstrate: (1) that the under this provision. Mr. Rector re- While I would have liked to have seen product was received from a U.S. man- cently indicated that this bill, ‘‘will re- the entire Hunger Relief Act included ufacturer, (2) the amount received and sult in the importation of far less ex- in this appropriations bill, the inclu- that the amount being imported into pensive drugs.’’ This is a workable bill, sion of these two provisions is an im- the U.S. is not more than the amount and that is why the pharmaceutical in- portant first step forward. I will con- received, (3) for the first shipment, doc- dustry is fighting this tooth and nail— tinue to push for Congressional passage umentation showing that each batch they know it will work. They would of the entire Hunger Relief Act, but was statistically sampled for authen- like nothing more than to see us to kill wanted to express my gratitude to the ticity and degradation, (4) for all subse- this bill. One of our colleagues in the conferees for the inclusion of these pro- quent shipments, documentation that a House, who has complained that this visions which are so important to my statistically valid sample of the ship- provision does not go far enough, noted constituents. ments was tested for authenticity and

VerDate 02-OCT-2000 03:04 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.047 pfrm02 PsN: S18PT1 S10696 CONGRESSIONAL RECORD — SENATE October 18, 2000 degradation, and (4) that the product will study the effect of this provision This bill includes provisions prohib- meets labeling requirements and is ap- on prices of covered products. iting the FDA from sending warning proved for marketing in the U.S. Subsection (k) provides definitions notices unless it includes a statement For a product not coming directly for a number of terms in this act, and of the underlying reasons for the no- from the first foreign recipient, the im- includes several changes and additions tice. porter must have documentation dem- from Senate-passed version. The defini- Finally, Mr. President, I would like onstrating: (1) that each batch is sta- tion of ‘‘covered product’’ clarifies that to thank my colleagues that worked so tistically sampled and tested for au- certain controlled substances are not closely with me on this issue. Specifi- thenticity and degradation, and (2) eligible for importation, and that bio- cally, I would like to thank Senators that the product meets labeling re- logical products are also ineligible. In GORTON, WELSTONE, and DORGAN, and quirements and is approved for mar- order that this act not create a dis- their staffs, Kristen Michal, John Gil- keting in the U.S. All testing must be incentive for charitable contributions man, and Stephanie Mohl for their performed at an FDA-approved U.S. of drugs to foreign countries or human- countless hours of work on this provi- laboratory. itarian organizations, this subsection sion. Without the bipartisan coopera- Subsection (e) requires that manufac- excludes such products from eligibility tion of my collegues, passage today of turers provide information to import- under this act. this provision would have been impos- ers sufficient to authenticate the prod- This provision also recognizes that sible. uct being imported and to meet the la- many parenteral drug products (drugs I urge my colleagues to support this beling requirements of the FFD&C Act. that are administered through IVs, in- provision and support this Agriculture This provision is understood and in- jections, or other means other than appropriations conference report. tended to require manufacturers to orally) are considered by the Secretary The PRESIDING OFFICER. Who provide such labeling information as is to be more sensitive to improper stor- yields time? necessary for importers to comply with age and handling, and may be at a Mr. KOHL. Mr. President, I yield 4 applicable labeling requirements suffi- higher risk of degradation or present minutes to Senator BYRD. cient for sale and marketing in the more difficulty in testing for authen- Mr. BYRD. Mr. President, now before U.S. It is also understood and intended tication or degradation. Therefore, the the Senate is the conference report on that the requirements and authority 801(d)(1) importation restriction shall H.R. 4461, the Fiscal Year 2001 Appro- granted in this provision are supple- continue to apply to parenteral drug priations bill for Agriculture, Rural mented, if necessary, by the broad dis- products, the importation of which, ac- Development, the Food and Drug Ad- cretionary authority contained in cording to the Secretary, may pose a ministration, and Related Agencies. 804(b)(3) to facilitate the importation threat to the public health. This conference report includes many of drug products under this section. The definition of pharmacist is simi- items important to West Virginia, and This information shall be kept in strict lar to that in the Senate-passed bill, to all states, relating to agricultural confidence. Pursuant to the ‘‘Enhanced and is presumed to include a licensed research and production, conservation, Penalties’’ subsection below, violation pharmacist, since such a pharmacy is rural development, food assistance, of this subsection is punishable by 10 required to have a licensed pharmacist human health, and many other priority years in prison or a fine of $250,000 or of record. areas. I congratulate Senator THAD both. Subsection (1) is similar to the COCHRAN, Chairman of the Agriculture Subsection (f) refers to an initial list amendment offered by Senator COCH- Subcommittee, and Senator HERB of countries with recognized regulatory RAN and adopted unanimously by the KOHL, Ranking Member, for their hard structures from which drugs may be Senate during the floor debate. The work in finalizing this very important imported under this section. The list provision, as included in this con- conference agreement. includes Canada, Australia, Israel, ference report, has been changed to re- This conference report provides a Japan, New Zealand, Switzerland, quire the Secretary to ‘‘demonstrate’’ total of $74.458 billion in new non-emer- South Africa, and the EU (Belgium, (instead of ‘‘certify’’ in Senate-passed gency budget authority. This total in- Denmark, Finland, France, Germany, version) that implementation will cludes $34.691 billion for agricultural Greece, Ireland, Italy, Luxembourg, ‘‘pose no additional risk’’ (instead of ‘‘ programs (including reimbursement to Netherlands, Portugal, Spain, Sweden, pose no risk’’ in the Senate-passed the Commodity Credit Corporation for England, Liechtenstein, and Norway). version). The provision is otherwise net realized losses); $873 million for The Secretary may expand the list at identical to the Senate-passed version. conservation programs; $2.487 billion anytime, taking into consideration This act is no longer effective after 5 for rural development programs; $34.117 protection of the public health. years from the effective date of the billion for domestic food programs; Subsection (g) requires the Secretary regulations promulgated hereunder. $1.091 billion for international trade as- to suspend imports of specific products The 5 year clock will begin to run after sistance programs; and $1.168 billion for or by specific importers upon discovery the regulations are finalized and any related agencies, including the Food of a pattern of importation of counter- litigation is completed. and Drug Administration. feit or violative products, until an in- The conference report includes a new It is important to note that this con- vestigation has been completed. subsection which clarifies that a viola- ference report includes more than the Subsection (h) prohibits contracts or tion of this section is a prohibited act annual Fiscal Year 2001 appropriations agreements that include any provision under the FFD&C Act. This new provi- for programs under the jurisdiction of preventing the sale or distribution of sion also provides for enhanced pen- the Agriculture Subcommittee. This imported drugs under this section. This alties (10 years in prison and/or $250,000 conference report also includes $3.642 provision is understood and intended to fine) for manufacturers who fail to pro- billion in emergency spending. This prevent manufacturers from ‘‘gaming’’ vide information necessary for testing funding is related, in large part, to ac- the system or interfering with impor- or labeling of imports, and importers tion taken by the Senate Appropria- tation under this section through con- who divulge such information for any tions Committee on May 9, 2000, when tractual arrangements that utilize re- purpose other than verifying authen- the Committee approved Fiscal Year strictions or disincentives for reselling tication or degradation tests. 2000 Supplemental Appropriations. The the drugs into the U.S. The conference report includes a pro- House of Representatives approved a Subsection (i) requires the Secretary vision that passed the House earlier similar FY–2000 Supplemental Appro- to conduct a study regarding the com- this year pertaining to the importation priations bill on March 30, 2000. pliance of importers with the require- of prescription drugs imported for per- Included in the $3.642 billion in emer- ments of this section, and the incidents sonal use. Current FDA practice has gency spending are provisions to pro- of importation of noncompliant ship- been to not confiscate certain drugs re- vide assistance to those who have suf- ments of prescription drugs under this imported for personal consumption, fered from natural disasters which section, as well as the effect of impor- but, in many cases, to send intimi- have occurred this year and to par- tations under this section on trade and dating warning letters that do not tially offset certain market losses suf- patent laws. The Comptroller General specify how the law is being violated. fered by the agriculture sector. When

VerDate 02-OCT-2000 03:42 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.048 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10697 the Appropriations Committee consid- I highlight, however, one thing that I This may give some of our colleagues ered supplemental spending more than think is very bad public policy; that is, a feeling we have done something to five months ago, I offered a number of the question of an amendment to this solve the prescription drug cost prob- amendments, which were adopted, to bill allowing for the importation of for- lem for our seniors. It does not. It does provide a timely response to predicted eign drugs manufactured in foreign not come close. This is not even a fig summer drought conditions. One of countries, under foreign standards, to leaf of coverage for those who reply to: those provisions would provide $450 be imported into the United States What have you done on the issue of million for livestock-related losses, under the guise of ‘‘this is the solu- prescription drugs? The answer is, we more than double the amount available tion’’ or even a partial solution to the probably made the system worse by last year. Another item provided an ad- high costs of prescription drugs and the bringing in drugs the quality of which ditional $50 million in loans and grants unavailability of prescription drugs we cannot guarantee. We cannot guar- to provide water supply in rural com- under our Medicare program for the 40 antee where they came from, how they munities, especially those suffering million senior citizens in this country were produced, or who has been pro- from drought conditions. I am happy to who need prescription drugs. tecting them since they left the fac- report that this conference report in- Many people said when the bill left tory and ultimately found their way cludes these two items and levels of the Senate that this provision that was into the United States. The answer is $490 million and $70 million, respec- added was a sham. I thought it was a not that complicated. What it takes is sham when it left and it has come back tively. a lot of political courage to do what is One other item included in this con- and it is a worse sham than when it right and to tell our seniors there are ference report is a provision which I left. This is ‘‘Son of Sham,’’ or a double no real easy answers to this problem. proposed on the subject of compensa- sham, in the sense that this makes ab- What we need to provide to Amer- tion to U.S. industries for losses sus- solutely no sense. ica’s seniors is the same thing that I Members of both sides of the aisle tained as a result of unfair foreign have as a Member of the Senate, that trade practices. The U.S. agriculture have said: We are against drug price every one of my colleagues has and and manufacturing sectors have been controls because that is un-American; every one of the Members of the other able to avail themselves of legal rem- that is not the way we encourage busi- body has and the other 9 million Fed- edies to challenge foreign actions, but nesses to operate; we want businesses eral employees have; that is, coverage have not had adequate means to re- to compete against each other and the under their health insurance plans that cover from the losses resulting from companies that can do the best job for cover prescription drugs. When I walk those actions. Now, such a mechanism the best price get the business. That is into a drugstore, I do not pay full re- will be in place and U.S. farmers and what the American system is all about. tail price, not one of us does. We get a workers of all trades affected by unfair Instead, we have in this bill a provi- discount because we do volume pur- trade practices will be able, in essence, sion that says, we might not like price to recover monetarily rather than sim- controls in this country, but we are chasing under our Federal insurance ply having the right to file a com- going to import not only the drugs plan. In addition to the volume pur- plaint. from other countries but their price chasing, we also have a very small This extra step is necessary. Current control systems—as if that somehow copay, which allows us, instead of hav- law has simply not been strong enough makes it all right. The concept is other ing to pay full price, to pay only a frac- to deter unfair trading practices, countries have price controls; there- tion of the price. That is the same type whether in the agriculture or manufac- fore, it is cheaper. The fact is, in Can- of system we should put into effect for turing industries. Continued foreign ada, to which so many of our people our Nation’s seniors. dumping and subsidy practices have re- point, there are some drugs that are The PRESIDING OFFICER (Mr. duced the ability of our injured domes- cheaper because of price controls, but VOINOVICH). The 5 minutes of the Sen- tic industries to reinvest in their work- there are many other drugs that, in ator has expired. ers, equipment, or technology. My pro- fact, cost more in Canada than they do Mr. COCHRAN. Mr. President, I yield vision simply provides a mechanism to here. In many cases, the drugs we have the distinguished Senator 2 additional help injured U.S. industries recover here are simply not available in Can- minutes. from the harmful effects of illegal for- ada at all, or maybe a year or two after Mr. BREAUX. I don’t want to belabor eign dumping and subsidies. And, most they are available in the United States, the point, but when I walk into a drug- importantly, if our foreign trading because of the adverse impact of a store, the retail price may be $100. But partners play by the rules, my provi- price control system we are now trying because of volume purchasing, it may sion will never have to be used. to import into this country. only cost me $70, and because I have Mr. President, this conference report In addition to that reason that this is coverage, I don’t pay $70. I pay a small includes many items important to all bad policy, there are about 10 former copayment of maybe $30. I walk out of Americans, and I am happy to support Food and Drug Administration agen- the drugstore with $100 worth of drugs it. Action on this measure is long over- cies that said: Wait a minute; hold on, paying only $30 because I am covered. due. Disaster assistance is badly need- Congress. What in the world are you A Medicare recipient who has no cov- ed to help people all across the nation doing? This is not a safe process you erage pays the full retail price of $100. who are suffering from drought, are legislating into law. We are not That is what is wrong with the system storms, floods, and crop loss due to in- going to be able to determine the safe- as it is currently constructed. festations of pests and disease. I urge ty of these drugs. Maybe in Canada it The answer clearly is not to say we all my colleagues to join me in support would be all right, but what about are going to allow people to import of this conference agreement. Pakistan or what about a Third World drugs from Bangladesh or Pakistan or Mr. COCHRAN. Mr. President, I yield country or what about a country we other countries around the world where 5 minutes to the distinguished Senator have very little to do with? Are we we cannot guarantee the quality. That from Louisiana, Mr. BREAUX. going to let the drugs come in from is not the way to do it. It was a sham Mr. BREAUX. Mr. President, con- those countries as well, which this bill when it left the Senate. It is a sham as gratulations to the chairman and Sen- allows? How are we going to be able to it is being presented to the Senate ator KOHL for the work they have done guarantee that the same safety or pre- today. We should have the political on this Agriculture appropriations bill. cautions that are in effect in a Third courage to address this in a very seri- It indeed has been a very difficult en- World nation are in effect here in the ous way. deavor. I plan to vote for final passage United States in order to protect the To those of our two colleagues who of this Agriculture appropriations bill consuming public? How are we going to have worked so hard on this, I thank because I think it is very important know that the little pill that is the them for their understanding and their and there are many very important same color and approximately the participation. I do not fault them for things in it dealing with agriculture, same size has in it the same material what has happened. It passed the House which is with what we would think an that it has in this country, that has by a huge margin. It passed the Senate Agriculture appropriations conference been approved by our Food and Drug by a huge margin. It is not the right report should deal. Administration? policy and doesn’t solve the problem. I

VerDate 02-OCT-2000 03:04 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.109 pfrm02 PsN: S18PT1 S10698 CONGRESSIONAL RECORD — SENATE October 18, 2000 wanted to bring it to the attention of culture has done some good work in were running advertisements encour- my colleagues. helping to respond to the crisis. aging people around the country to Having said that, I intend to vote for However, I continue to hear from come down and grow Satsuma oranges. the overall product because of the farmers at home that they question In fact, 18,000 acres of the sweet, easy- many good things it has in it for Amer- how long they can actually stay in to-peel fruit were farmed during the ican agriculture and American farmers. business if the situation doesn’t im- twenties and thirties along the upper I think our two leaders are to be con- prove. A combination of bad crop-years gulf coast. However, a period of severe gratulated for that product they bring and low prices can be devastating. winters around 1940 led to the decline before the Senate. Some livestock producers have liq- of Satsuma production. Mr. COCHRAN. Mr. President, I yield uidated their herds. Nearly all of them Today, fledgling Satsuma groves 5 minutes to the distinguished Senator had to sell their stock earlier and exist in Alabama, Louisiana, and from Alabama, Mr. SESSIONS. lighter than normal, costing them Texas. Research by Auburn University, The PRESIDING OFFICER. The Sen- money. Over 50 percent of this year’s one of the finest research institutions ator from Alabama. hay harvest has been lost, and this is in the world, is being conducted to de- Mr. SESSIONS. Mr. President, I just in Alabama. There have also been termine how to make this fruit more would like to share a few remarks droughts in other States such as Mis- frost resistant. There are some ideas about the Agriculture bill. I thank sissippi, Georgia and Texas. percolating that may actually do that. Senator COCHRAN and his committee The $3.6 billion in emergency disaster This funding will give us the oppor- for their work on a very difficult issue aid included in this conference report tunity to revitalize this industry. I am certainly pleased with the over- at a very difficult time for agriculture. is needed to assist these families and all agricultural spending. We have a lot There are no easy solutions to the others who have experienced losses of emergency assistance for farmers problems farmers are facing. We know from drought, fire and other natural this year because it has been a particu- farmers are in trouble. One experienced disasters. larly bad year in some areas of the farmer who heads the Alabama Farm- I am especially pleased that Senator country, including Alabama. er’s Federation told me that without COCHRAN and the conference committee Again, I thank Chairman COCHRAN Federal help, he believes in just the agreed to retain my amendment in the for his leadership. He understands this next 2 years, one-third of the farmers Senate version of the bill to assist Ala- issue; he understands this Senate. He in Alabama would have gone out of bama in its emergency hay and feed op- has wrestled with these issues for business. It has been costly, but I be- erations for livestock producers. The years, and his leadership will help this lieve what we are doing is the right Commissioner of Agriculture and In- bill pass with overwhelming support. thing to do. dustries, Mr. Charles Bishop; the Ala- I yield the floor. Also, before I make those remarks, I bama Cattlemen’s Association and Dr. The PRESIDING OFFICER. The Sen- would like to say I did return, with Billy Powell, its leader; the Alabama ator from Wisconsin. quite a number of Senators this after- Farmers Federation; and other organi- Mr. KOHL. Mr. President, I thank noon, from the memorial service at zations have worked together to pro- and congratulate the chairman of the Newport News to recognize the sailors vide assistance to struggling cattlemen subcommittee, Senator COCHRAN, for who lost their lives in this attack on throughout the summer. Unfortu- all of his work in crafting this con- the Cole. We have to remember the nately, the funding for this assistance ference report. I believe overall this Cole. We have to remember them. For a has run out. The State funding has col- measure does a very good job of pro- whole lot of reasons it was a very lapsed. The $5 million in this con- viding funds for ongoing work at meaningful experience for me and I be- ference agreement will go a long way USDA, FDA, and the other agencies lieve for their survivors. I was able to to help these cattlemen make it covered in this bill. It also provides meet a number of sailors who had been through the winter without having to much needed emergency relief for wounded. I think all of us in this coun- sell off their herds, which undermines farmers and ranchers suffering from try need to pause, periodically, to re- their ability to have a productive eco- both market loss and natural disasters. member how much we owe to the men nomic enterprise. However, I am disappointed that the and women in uniform. I am also pleased that the conference conference committee could not come This year, farmers in my home State report contains funding for a number of to a better conclusion on two highly have faced the worst drought in over a fine agricultural research projects in controversial issues involving trade century. In particular, farmers and Alabama and all over the country. sanctions and reimportation of pre- cattlemen in the southeast region of These projects keep us on the cutting scription drugs. With regard to the Cuba provision, I the state, have been devastated. This edge of agriculture, and it is the only would have preferred the Senate lan- drought has come after two previous way we will be able to compete success- guage. That language received broad years of drought. Scorching tempera- fully in the world market. It includes tures and virtually no rain have made support in this body. catfish disease research. Catfish is one With respect to the reimportation of it extremely difficult for these fine of the biggest cash crops for agri- prescription drugs, I am concerned the men and women to continue to farm. In culture in the State. Peanut allergy re- language in this report has too many Headland, AL, for example, only 18 search is a critical issue for us. I am restrictions and may not result in inches of rain has fallen this year. This particularly pleased the funding for lower drug prices for our seniors, as is a part of the State that normally Satsuma orange research was retained well as others. sees over 45 inches by this time. in the conference report. While some of us disagree on the lan- More rain has come lately but not The PRESIDING OFFICER. The Sen- guage of these two items, nevertheless nearly enough and not soon enough to ator’s 5 minutes have expired. this conference report does provide im- compensate for the earlier losses. Corn Mr. SESSIONS. I ask unanimous con- mediate and targeted economic relief yields are down 40 percent. The peanut sent for 2 additional minutes. to struggling producers. Some pro- crop has had a very bad year, and the Mr. COCHRAN. Mr. President, I yield ducers are receiving the lowest prices cotton crop has been very bad. the distinguished Senator what time he for their products in over 20 years. It has not been a good year at all for may consume. With respect to the dairy industry, Alabama farmers. This drought has The PRESIDING OFFICER. The Sen- the emergency provisions included in been one of the most severe on record. ator from Alabama. the conference report do not solve the At some point since March 1, all parts Mr. SESSIONS. Mr. President, the larger problems facing our industry. of Alabama have been classified ‘‘ex- funding for Satsuma orange frost re- However, it is an appropriate and vital ceptional drought’’ by the U.S. search will go a long way to nurturing step in protecting family dairy farm- Drought Monitor. This is the most se- this fledgling industry along the gulf ers. I encourage all Senators to support vere drought rating. coast. this conference report. The entire State has been declared a At the beginning of the 20th century, The conference report accompanying disaster by the Secretary of Agri- Satsuma orange groves flourished the fiscal year 2001 Agriculture appro- culture, and the Department of Agri- throughout the gulf coast. Indeed, they priations bill provides $78.5 billion in

VerDate 02-OCT-2000 03:04 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.112 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10699 funding for the operations and pro- gested that would improve the lan- an amount equal to 35% of the drop in grams of the U.S. Department of Agri- guage, they were ignored. This process the price this year from the previous culture, the Food and Drug Adminis- was a disgrace to the Senate and to our five year average. Let me restate that, tration and other agencies. This con- nation’s seniors who would benefit far ‘‘35%’’ of the ‘‘drop’’ in price. By con- ference report includes much needed more from a bipartisan process. trast, earlier this year the administra- emergency relief to assist farmers hurt American consumers are rightly con- tion proposed a farm emergency pack- by economic and weather-related cerned about the high costs of prescrip- age for program crops that would have losses. The conference report also in- tion drugs—especially when compared provided payments to guarantee farm- cludes legislative language regarding to prices in other countries. These high ers of certain commodities ‘‘95%’’ of food and medicine sanctions and lan- costs are forcing America’s seniors to the previous 5 year average ‘‘total guage regarding the reimportation of often choose between buying food or gross income’’. prescription drugs. I am pleased that paying for their medicine bills. Amer- I cannot overstate the devastation the conference committee also accept- ica’s seniors have footed the bill for the the current dairy price collapse is ed a provision that will make it easier pharmaceutical industry’s high profits bringing to family farms all across for citizens to participate in the fed- for far too long. America. Back home in Wisconsin, the eral food stamp program. I believe reimportation could help al- crises is overwhelming. Recently, I re- From the beginning of this year’s ap- leviate the high costs for many seniors, ceived a call from a dairy producer propriation cycle I have been honored but I am concerned that the language named Tom LaGesse of Bloomer, Wis- to work with the very distinguished in this conference report has several consin. Mr. LaGesse informed me that Chairman, Senator COCHRAN. The Sen- loopholes that will prevent it from in his small town, located in northwest ator from Mississippi has done an out- being fully effective. In particular, I Wisconsin, five producers within the standing job of steering this bill am concerned that the sunset provision span of one week went out of business. through the appropriation process and will have a chilling effect on phar- He also told me that if we do not pro- I believe that with his leadership we macists and wholesalers, who may not vide immediate, and direct emergency have achieved a very fair and balanced invest in reimportation because the payments within 60 days, he would be conference report. ability to do so will end in five years. the next producer to go out of business. There are two highly controversial And I am very concerned that drug All too often we hear a lot of talk issues relating to this conference re- companies can still keep American about saving the family farm but little port which prevented the House and prices high by demanding that foreign action. Mr. President, these dairy pay- Senate conferees from moving this bill sellers charge American pharmacists ments will hopefully save Mr. LaGesse prior to today. In fact, the FY 2001 Ag- and wholesalers the higher, American- and many, many others like him. ricultural Appropriations bill was re- set prices when they reimport drugs. I am aware that producers may have ported by the full Appropriations Com- All of these issues, of course, could questions regarding the implementa- mittee on May 20, 2000 and was ap- have been resolved in a bipartisan proc- tion of the dairy payments included in proved by the full Senate on July 20, ess. this conference report. That is why I 2000. With farmers and ranchers strug- That said, I am hopeful that the spir- would like to insert into the RECORD gling with significant market losses it of the reimportation provision—to the following questions and answers and natural disasters, it was my hope lower drug prices for American con- that may address the concerns of pro- that we would have moved this legisla- sumers—will become a reality as it is ducers across the country. tion to the President’s desk prior to implemented. Let me remind the drug QUESTIONS AND ANSWERS REGARDING the August recess period. companies in this country that re- EMERGENCY DAIRY PAYMENTS With regard to the Cuba language, I importation was overwhelmingly sup- Question: How soon after the President am disappointed that the conferees did ported in both Houses of Congress. We signs this bill into law can dairy producers not accept the language that was in- expect to receive payments? fully expect drug companies to comply Answer: For existing dairy farmers who re- cluded in the Senate version of this with the intent of the law, and not ceived Dairy Market Loss Assistance pay- bill. The language approved by the Sen- look for loopholes to continue to in- ments earlier this year, payments should go ate received broad support and would flate their profits. out fairly quickly. New producers who have have created expanded opportunities Most importantly, let me say that not previously applied for or received Dairy for Americans to sell food and medi- while reimportation is an important Market Loss Assistance payments from cine to Cuba. The provision included in first step toward helping seniors with USDA may wait a little longer. this conference report makes it more high drug prices, make no mistake: Question: How will payments be cal- culated? difficult for these sales to take place, this is not a substitute for a Medicare Answer: Each producer’s payment will be by preventing U.S. financial institu- prescription drug benefit. Anyone who calculated by multiplying their ‘‘eligible’’ tions from providing financing. The claims that reimportation is the an- production by the payment rate. The pay- provision also codifies travel restric- swer to the outrageous drug prices sen- ment rate equals 35 percent of the decline in tions on Americans going to Cuba, iors face is out of step with reality. the market value of milk in 2000 from the making it more difficult for farmers to Drug prices are a major problem—but previous five year average. During 1995–99, travel to Cuba to negotiate a sale. Al- so is coverage. With one-third of sen- the market value of all farm milk as re- though I do not believe we should be ported by USDA was $14.25 per hundred- iors lacking any drug coverage at all, weight. USDA currently projects the all lifting our broader embargo on Cuba it is critical that we pass a Medicare milk price will average $12.40 per hundred- until we see democratic reform in Cuba prescription drug benefit as soon as weight in 2000, so the projected payment rate and the end of the repressive Castro re- possible. would be .35 times $1.85 or about 65-cents per gime, in the meantime, I believe that While some of us may disagree with hundredweight. blocking the sale of food and medicine the outcome on the Cuba sanctions and Eligible production for existing producers has done little to bring us closer to re-imported drug issues, this con- who received payments under the earlier pro- that goal and has the unintended con- ference report does provide immediate gram will, in most instances, be their actual milk production marketed in either 1997 or sequence of harming the very people we and targeted economic relief to strug- 1998, whichever is higher, up to a limit of 3.9 want to help. gling farmers and ranchers. In my million pounds. Eligible production for exist- With regards to the reimportation of state of Wisconsin alone, we are losing ing producers who received payments under prescription drugs, I am extremely dis- three dairy farmers a day. While the the earlier program, but had no production appointed with the process by which dairy market loss payments included in 1997 or 1998, will be their actual milk pro- the conference provision was devel- in this conference report does not duction marketed in 1999 up to a limit of 3.9 oped. We started with a very bipartisan solved the larger problems facing our million pounds. process to develop workable language, Existing producers in either of the above industry, it is an appropriate and vital categories who had less than 12 months of but unfortunately, that process was hi- step necessary to protect our family production in the base year used to calculate jacked. Instead, decisions were made in farmers. their earlier payments will have the option backroom deals behind closed doors. Section 805 of the conference report of substituting their actual production mar- Even when improvements were sug- provides assistance to dairy farmers in keted during the 12 months from October 1,

VerDate 02-OCT-2000 03:42 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.055 pfrm02 PsN: S18PT1 S10700 CONGRESSIONAL RECORD — SENATE October 18, 2000 1999, through September 30, 2000, up to a also express my sincere appreciation to mies they were getting to the point limit of 3.9 million, if it is greater than their Senator COCHRAN for his leadership, his where they were no longer able to im- base period marketings used for the earlier fairness, and expertise in the many port from our country agricultural payments. Finally, eligible production for new pro- programs and accounts included in this commodities in the quantities that ducers who did not receive payments under bill. I thank Senator COCHRAN’s sub- they had in the past because of the eco- the earlier programs will be their actual pro- committee staff for all their work on nomic crisis. Particularly countries duction marketed during the 12 months from this conference report. I urge all Sen- such as Korea, Japan, and other Asian October 1, 1999, through September 30, 2000, ators to join me in support of this im- economies were suffering—the so- up to a limit of 3.9 million pounds. portant conference report. called ‘‘tiger economies’’ of Southeast Question: Does a producer have to fill out I thank the Chair, and I yield the Asia. And to hear today a statement forms or can they expect to automatically floor. that for several years in a row we have receive their payment? Answer: The Secretary of Agriculture will Mr. COCHRAN. Mr. President, what had to adopt agricultural disaster and decide exactly how to administer the pro- is the status of the time and the alloca- economic assistance programs because gram and what will be required of producers. tion between both sides? of the Freedom to Farm Act. Have Sen- However, I believe he can automatically pay The PRESIDING OFFICER. The Sen- ators forgotten some of the problems existing producers who participated in the ator from Mississippi has 10 1/2 min- that our agricultural producers and ex- earlier payment programs and that only utes, and the Senator from Wisconsin porters have had to overcome that had those new producers and those few who have has 2 minutes 50 seconds. absolutely nothing to do with the Free- the option of updating their base period pro- Mr. COCHRAN. Mr. President, I ap- dom to Farm Act but everything to do duction should need to fill out new applica- preciate very much the comments that tions. with a worldwide economic crisis? That Question: How much should producers ex- have been made by a number of Sen- is the main problem that agriculture pect to receive? ators about the development of this had in the first 2 years of this existing Answer: First, a producer’s payment does legislation and the efforts we have farm bill. not depend directly on the number of cows made to negotiate an agreement with To hear some Senators today indict- on the producer’s farm but on the producer’s the House and bring back this con- ing, again, the Freedom to Farm bill eligible production as described above. A ference report for final consideration for the results of this year’s drought is producer can estimate his own payment by by the Senate today. another new stretch of the imagination multiplying his eligible production by the There have been some statements estimated payment rate of 65-cents per hun- and credibility of this institution. Sen- dredweight. An average milk cow produces made on the floor today that I think ators know enough not to believe that. 17,200 pounds of milk per year. Using this av- require a response. There was some sin- The Senator from Alabama was erage, producers can expect about $112 per gling out of individual research pointing out how in his State the milk cow. A herd of 225 average milk cows projects by the distinguished Senator drought problems are the worst in will reach the 3.9 million pound limit and re- from Arizona as if these were pork bar- memory—and not just this year but ceive the maximum payment of about rel projects. One response has already add to the problems that occurred last $25,000. been made, and that was by the distin- year—and you understand how serious, Also included in the conference re- guished Senator from Alabama as he how desperate the situation is in agri- port is a cranberry relief package that talked about some of the specialty culture in Alabama this year, to cite provides assistance to cranberry grow- crops and specific agricultural and one example. It has nothing to do with ers who are suffering with record low aquacultural activities in his State. He the Freedom to Farm Act. prices. This year, my state of Wis- explained the importance of ongoing Many worked very hard to craft the consin will lead the nation in cran- research initiatives that will help im- farm bill of 1996, Democrats and Repub- berry production. The language in the prove the opportunities for agricul- licans in the Senate and in the House— conference report provides $20 million tural producers to grow those crops of course, it was not unanimous. But for direct cash payments to growers and engage in those agricultural and they worked hard to develop the best and language directing the USDA to aquacultural pursuits, and to do so possible legislation under which we purchase $30 million worth of cran- profitably, helping to guarantee safe could provide support and rules under berry products. and wholesome supplies of food and which the Federal Government could The cranberry direct payments provi- food products for people in that State make available incentives for produc- sion is similar to other market loss as- and throughout the country. tion agriculture, stabilize prices, and sistance provisions in the bill. In order We have had a very difficult time in have a predictable level of support to insure that the funds are equitably agriculture this year, and because of from the Federal Government. The bill distributed in the market place, the research, we are able to overcome some attempts to avoid the ups and downs, provision includes a cap on payments of those difficulties and provide hope the whims, of one administration or that would be limited to not more than that in these areas of particular stress the other, the vicissitudes of a Con- 1.6 million pounds per separate farm in agriculture and aquaculture, we will gress that is unpredictable at best on unit, regardless of farm ownership. be able to offer better days in the fu- these matters. The bill prescribed well In recent weeks, the cranberry indus- ture. in advance, over a period of years, the try has been working very closely with A considerable attempt and a deter- level of assistance for commodity pro- USDA and the recipients of federal food mined attempt is made in this legisla- ducers that were eligible for benefits— distribution programs to support pur- tion to identify ways to help improve that was the result of that negotiation chases of juice concentrate, frozen the opportunities for U.S. agricultural in the legislation that was produced. fruit, or other comparable high-con- producers to stay in business, to deal And now to lay it all off on that, as centration fruit products that will re- with the problems of drought, of infes- if that is the reason for these difficul- move the highest quantities of surplus tation of insects and pests, to deal with ties, to me, goes too far and deserves a fruit from current inventory. The in- the problems of weeds and other response. It ought to have a response. I dustry and USDA is working to ensure threats to efficient operation and pro- am pointing out at least two instances a nutritious and easy to use product duction of our agricultural lands. where that indictment and that criti- available for the recipients of federal There is nothing wrong with the Gov- cism is just not accurate, it is not sup- food distribution programs. I appre- ernment providing Federal funds to ported by the facts, and it has nothing ciate the close cooperation of the De- help identify better ways of dealing whatsoever to do with this legislation. partment on this and urge them to with these problems in agriculture. This legislation includes, however, move quickly to address this disastrous One other comment that particularly $3.6 billion in additional assistance of surplus situation through additional distresses me is the emphasis on criti- an emergency nature to try to assist purchases of products containing high cizing the existing farm bill as if it is those who have had difficulties this concentrations of cranberry products the reason farmers are having such a year over and above those that were provided for in the bill. difficult time. expected. Because of findings made by I close by reminding my colleagues I recall several years ago when we the Senate and the House and the ad- that I support the conference report. I first realized that in the Asian econo- ministration, this justifies emergency

VerDate 02-OCT-2000 03:04 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.056 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10701 funding, and it is included in this legis- There appears to be. riod for morning business with Sen- lation. The question is on agreeing to the ators permitted to speak therein for up So I am hopeful and I am confident conference report. The clerk will call to 10 minutes each. that the Senate is going to recognize the roll. The PRESIDING OFFICER. Without the legitimacy and the importance of The legislative clerk called the roll. objection, it is so ordered. adopting this conference report. It re- Mr. NICKLES. I announce that the flects a lot of hard work by members of Senator from North Carolina (Mr. MEMORIAL TRIBUTE TO FRED- our appropriations subcommittee that HELMS) and the Senator from Min- ERICK HART BY REVEREND STE- developed the legislation, working in a nesota (Mr. GRAMS) are necessarily ab- PHEN HAPPEL bipartisan fashion, and working with sent. our colleagues in the other body after Mr. REID. I announce that the Sen- Mr. THURMOND. Mr. President, it our bill was passed and we negotiated ator from Delaware (Mr. BIDEN), the was only a little over a year ago when this conference report with them, to Senator from California (Mrs. FEIN- this nation lost one of the most inspir- come up with the best possible work STEIN), the Senator from Massachu- ing, talented sculptors of the 20th cen- product under the circumstances that setts (Mr. KENNEDY), and the Senator tury. Frederick Hart’s passionate spir- we find ourselves today. from Connecticut (Mr. LIEBERMAN) are ituality and his extraordinary ability But no matter how much money we necessarily absent. to transform human emotions into appropriate for research, for disaster The PRESIDING OFFICER. Are there physical elements were reflected assistance, for export assistance, try- any other Senators in the Chamber de- throughout his works of art, and his ing to help stimulate our sales in over- siring to vote? tragic death has left a tremendous seas markets, we cannot solve all the The result was announced—yeas 86, void. I know that I convey the problems of agriculture by the passage nays 8, as follows: thoughts of all who had the privilege of of this one bill. Everybody knows that. [Rollcall Vote No. 277 Leg.] knowing Rick as I again extend my condolences to his wife, Lindy, and But it is a major and important step, YEAS—86 and it will benefit a lot of American their two sons, Lain and Alexander. Abraham Edwards McConnell agricultural producers. Akaka Enzi Mikulski On October 6, 2000, Reverend Doctor There is also more in this bill than Ashcroft Fitzgerald Miller Stephen Happel, Dean of the School of just production agriculture assistance, Baucus Frist Moynihan Religious Studies at Catholic Univer- Bayh Gorton Murkowski sity, paid tribute to Frederick Hart at but it is an important aspect of this Bennett Graham Murray legislation. This is a $78 billion bill. Bingaman Grassley Reed a memorial service held in his honor at Nearly $40 billion of the funds relates Bond Gregg Reid the Washington National Cathedral. to agriculture, landowner assistance, Boxer Hagel Robb Dr. Happel’s poignant remarks are a Breaux Harkin Roberts research to try to help do the things Brownback Hatch Rockefeller testimony to a man who embraced the you have to do to maintain efficiency, Bryan Hollings Roth complexity of God and art, and I ask understand the new technologies, Bunning Hutchinson Santorum unanimous consent that his remarks be Burns Hutchison Sarbanes printed in the RECORD. translate the research from the labora- Byrd Inhofe Schumer tory to the farm through extension Campbell Inouye Sessions There being no objection, the mate- programs so that we have the finest, Chafee, L. Jeffords Shelby rial was ordered to be printed in the the most efficient, the most dependable Cleland Johnson Smith (OR) RECORD, as follows: Cochran Kerrey Snowe agricultural sector in the world. This Collins Kerry Specter THE CATHEDRAL YEARS bill achieves those goals. Conrad Kohl Stevens (Remarks of Stephen Happel, Memorial for We also, at the same time, provide Craig Landrieu Thomas Frederick Hart, National Cathedral, 6 Oc- food safety programs, an inspection Crapo Lautenberg Thompson tober 2000) Daschle Leahy Thurmond service that is fully funded, a food safe- DeWine Levin Torricelli ‘‘We have seen that without the involution ty initiative that is fully funded at the Dodd Lincoln Warner of matter upon itself, that is to say, without request of the administration, to make Domenici Lott Wellstone the closed chemistry of molecules, cells and Dorgan Lugar Wyden phyletic branches, there would never have sure that we have a wholesome supply Durbin Mack of food, and it is fit for consumption by been either biosphere of noosphere. In their NAYS—8 advent and their development, life and Americans, and it is reasonably priced. thought are not only accidentally, but also We achieve that goal in this legisla- Allard Kyl Smith (NH) Feingold McCain Voinovich structurally, bound up with the contours and tion. There are many in our country Gramm Nickles destiny of the terrestrial mass,’’ (P. Teilhard who do not have the benefit of high in- de Chardin, The Phenomenon of Man [New comes. We have low-income people who NOT VOTING—6 York: Harper Torchbook, 1961], 273). ‘‘The live in poverty areas who need food as- Biden Grams Kennedy term of creation is not to be sought in the sistance. This legislation includes Feinstein Helms Lieberman temporal zones of our visible world, but . . . school lunch program and school The conference report was agreed to. the effort required of our fidelity must be Mr. COCHRAN. Mr. President, I move consummated beyond a total metamorphosis breakfast program funding. It includes of ourselves and of everything surrounding Women, Infants, and Children Program to reconsider the vote. us.’’ (P. Teilhard de Chardin, The Divine Mi- funding, Food Stamp Program funding, Mr. BYRD. I move to lay that motion lieu [New York: Harper & Row, 1960], 78). The assistance to soup kitchens, to those on the table. evolution of everything cannot fulfill itself who use surplus commodities to pro- The motion to lay on the table was on earth except through reaching for some- vide lunches and meals for people who agreed to. thing, someone outside itself. In doing so, cannot afford food, so that we do not Mr. COCHRAN. Mr. President, I sug- literally everything is transformed. have people who are out of work and gest the absence of a quorum. These quotations from the Teihard de The PRESIDING OFFICER. The Chardin’s Phenomenon of Man and The Di- out of food. This legislation provides vine Milieu were the human milieu that I that important benefit as well. clerk will call the roll. found when I walked into Frederick Hart’s So, on balance, this is a good bill. It The legislative clerk proceeded to life in 1973–74. He had joined an Inquiry Class deserves the support of the Senate. I call the roll. at St. Matthew’s Cathedral during a particu- hope all Senators will support it. Mr. COCHRAN. Mr. President, I ask larly difficult time in his life. Inquiry classes The PRESIDING OFFICER. The Sen- unanimous consent that the order for are traditional Catholic ways for people in- ator from Wisconsin. the quorum call be rescinded. vestigating new knowledge and spiritual Mr. KOHL. Mr. President, I yield our The PRESIDING OFFICER. Without meaning. Rick was living in his studio, a ga- time. objection, it is so ordered. rage on P St with a bedroom attached, his first plan for the facade of the Cathedral re- Mr. COCHRAN. Mr. President, I ask jected (along with all the other sculptors). for the yeas and nays on the conference MORNING BUSINESS He was looking for a comprehensive vision in report. which his own work could struggle to be The PRESIDING OFFICER. Is there a Mr. COCHRAN. Mr. President, I ask born. Or better, his artistic work struggled sufficient second? unanimous consent that there be a pe- to evolve and create a world, an environment

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.117 pfrm02 PsN: S18PT1 S10702 CONGRESSIONAL RECORD — SENATE October 18, 2000 that could grow like a green space in a he found the ‘‘in-between’’ a creative locus This Adam is both the old Adam—and on a desert, expanding to nourish the beautiful on in which he could explore the ways in which longitudinal axis with the new Adam sitting the planet. And he was looking for some the body could evoke mind and heart, in in glory over the high altar on the reredos. words to mirror the sculptural world he was which the material embodied the spiritual He is also an Adam for an American context, inventing. and eternal, in which the physical could both striving to enter the world and helped Frederick Hart arrived at the National struggle, emerge, and become other than it by One he cannot yet see. This is not a solo, Episcopal Cathedral in the 1960’s as a mail is. This was a man for whom ideas were a antagonistic, power-hungry figure in the clerk. He had decided, after trying his hand passion; and passions could become ideas. I style of Nietzsche; this sculpture has its hu- at painting, that sculpture was his vocation, had no trouble finding a life-long friend—or manity in and with an Other, a partner who but he needed a place to learn. The learning better, a friend for all of his life. cooperates to bring it into existence. took place here on this spot, under the guid- Later that evening I saw the gouache de- Perhaps it is this theme that is subversive ance of Roger Morigi, one of the last classic signs he had already completed for the in Hart’s sculptural theology; the sculpture master stonemasons, whose techniques went project of Creation, Adam and Sts. Peter and invites, seduces, even provokes the viewer back to Michelangelo and Leonardo da Vinci. Paul. But as in all cases with my experience into participation in the world it is announc- Rick graduated from mail clerk to appren- of Rick’s work as it evolved, the idea was ing. St. Paul, caught at the moment of tice, when Roger, an often difficult, some- somewhere within, grasping for life and open transformation, the mystic transported to times volcanic, professional father, found air, to live in the public world. Rick had to the seventh heaven, sinks below the emer- the fellow ‘‘promising.’’ After Rick com- produce a ‘‘statement,’’ as you know, for the gence of the night sky from the swirling pleted a bust of Philip Frohman, the archi- competition. That night he and I spoke chaos. St. Peter, the only facade sculpture tect of the Cathedral, as a gift for the Cathe- about how creation evolved, the role of with his eyes open, draws his net to build the dral (1969), the clerk of the works, Richard human beings in this evolution, and the pri- church under the creation of the day. Thus Feller, recognized that this young (now 26) mary, initiating power of God’s love. If you Hart presents time and space in a single sen- sculptor should be included in the competi- will, it was a course in Christian anthro- suous continuum in which the history of the tion for the facade sculpture. Rick continued pology, a human nature aiming beyond early Church unfolds from the call of Adam to produce bosses, gargoyles, and the classic itself, a human being unable to make sense and all humanity pulled out of the visible Erasmus, a Catholic reformer with an ironic of itself without reference to the Other—to chaotic ground. In this sense, Rick’s work here (and else- tone (not unlike Rick’s own) until April, 1975 God. I took the pieces he had produced, where) offends people. Not simply because it when his second set of motifs for the central added some theological jargon and sent them does not ‘fit into’ the current or recent art tympanum and the trumeau sculpture were back to him. He re-worked them again and establishment—though the 70’s were not a approved. sent them in along with the drawings. He I met Rick at that Inquiry Class at St. time for well-modeled, fine art. His work de- won. We are living in the results of his labor. mands of the viewer a participation that in- Matthew’s Cathedral on Rhode Island Ave- Medieval Cathedrals emerged from a vastly sists on re-making the world. Again I quote nue. I gave a talk on the sacraments in different anticipated future. They were Teilhard de Chardin: ‘‘To create, or organize which I spoke about how symbols are neither painted, very colorful places of worship, subjective nor secondary in our religious material energy, or truth, or beauty, brings filled with multiple altars, incense, and song. with it an inner torment which prevents lives. I paralleled the power and effective- An entry through the main doors at the Ca- ness of artwork and the Sacraments. Each of those who face its hazards from sinking into thedral at Autun shows an either/or world— the quiet and closed-in-life wherein grow the them transform us if we let them, they in- either heaven or hell. Christ the Judge seat- vite us into the world they project in front of vice of egoism and attachment. An honest ed on a throne presides in the midst of a workman not only surrenders his tranquility us. They announce a better world that has heavenly court. On Christ’s right, angels not quite arrived, but will if faith prevails. and peace once and for all, but must learn to push souls into the mansions of heaven Artistic and sacramental symbols are not abandon over and over again the form which where Mary and the apostles reside; on the substitutes for what is not there, but an in- his labor or art or thought first took, and go left, demons weigh souls and send them off cipient presence of the whole, pushing its in search of new forms.’’ (P. Teilhard de to torment. way into our sometimes dull and quotidian Chardin, The Devine Milieu, 41) Frederick Rick’s vision for the fac¸ade of the National Hart knew this intimately, even painfully. conscious life. Even though the routine of Cathedral coincided with the courageous work and domestic life can screen out what The facade sculptures reach out from the commitment of the building committee. The center to the edges of day and night and ex- is truly beautiful and holy, symbols can theme was creation, a new image for a Na- break through and insist on being seen, tend themselves into the city and our world. tional Cathedral in a new country. The vi- heard, and touched. They proselytize; they preach; they evan- sion was both/and—the material and the Rick, like the symbols themselves, had a gelize about how the world could be if values way of fidgeting into a conversation. Al- spiritual. How to imagine both a primordial of beauty and truth were embraced. For Rick though he was respectful of the fact that we past and a transformed future—at the same these were moral values. had never met, he could not quite resist ask- time? How to make the stone fly from earth Just as Enlightenment values of auton- ing lots of questions early on at the meeting. into the infinite horizon of the Universe? omy, individual history, and emotional inde- It did not take long for the two of us to dis- How to unite the individual and the com- pendence were moral imperatives, so Rick cover that we were cultural and religious munal in a contemporary world where the Hart’s work pushes beholders into their siblings, we were both committed to the radically autonomous, isolated subject is the inner lives, asking for cooperation to build a ways in which religious symbols could ideal? Can what is new be rooted in history world. Rick’s sculptures embody the very change public life. After the ‘‘official’’ con- and tradition? For Rick, it was both/and in boundaries he lived between; they provoke versation was over, Rick, Darrell Acree, Fa- his sculpture, not either/or. viewers into asking about the aura of the ther James Meyers and I went to the Dupont Creation in the stone embodiment of Fred- Other that envelops them in the material Village Pizza, regrettably no longer there, erick Hart is an ongoing event—what stuff of their day to day lives. But sensing ordered pizza and (I have to say) more than theologians call a creatio continuia—simulta- the material as a symbol of the immaterial one pitcher of beer while discussing art, the neously ‘‘conservation’’ and ‘‘preservation’’ is not a current ideal. Cooperation is not a sacraments, and his plans for the Cathedral’s by God. This is not an image of a distant current norm. Newspapers are sold on con- facade. Somehow I’m quite sure that the past event, astronomical or human, but the flict and disagreement; debates are struc- Lord would not have understood our dis- constantly emerging present life of the tured on differences; business is won or lost cussing the sacraments over the pizza and human community. Ex Nihilo symbolizes the on the basis of unique combative marketing; beer! choral dance, the human perichoresis in computer systems are structured on either- Rick was at the beginning of his new pro- which we are all even now part of one an- or options. posal. Basically, he just wanted to know other, linked body, soul, mind, and heart. The theology of cooperation Rick espoused whether his view of the world was theo- The figures emerge from the ground, but are in his art, despite his love of playing the an- logically crazy. It was not; it was genial. not yet completely defined. As Rick used to tagonist in conversation, was absolutely Through the help of his friends, he had not say, the Ground from which they come is as Trinitarian. The chorus of human activity only made his way from Childe Harold and primordial as the figures that emerge. With- was a symbol of the internal life of God. The the Benbow, local pubs, but he had also read out the involution of matter, sinew and bone God who creates us; the God whose Beloved Teilhard de Chardin and classic philosophies folding and revitalizing themselves (as Incarnate One we follow and worship; the of art. In between these books and his Teilhard said), the unique figures that are Spirit that animates human history—all are wanderings, he would take his meager pay- human beings would not appear. One terrifying and vivifying, swirling fire. checks from the National Cathedral to build Adam is the test case. The central trumeau We live in the midst of the divine milieu, as a garden with a fountain in the backyard of figure is at once grasping for the air and Teilhard says; we cannot escape our God. ‘‘Is the garage and draperies to remake his inte- being grasped. With closed eyes, he is the old the Kingdom of God a big family? Yes, in a rior world. The next winter the drapes were Adam yearning with his right arm to push sense it is. But in another sense it is a pro- useful; they kept him warm when he wasn’t from the ground from which he comes; with digious biological operation—that of the Re- sleeping with the two dogs that sufficed as a the left, he is being pulled, however ten- deeming Incarnation.’’ For Rick, God lives in heater in the unheated studio. tatively, from the swirling ooze, tugged by the heart of matter, calling us, prodding us Rick lived physically on the margins dur- an invisible hand. The torso leans ever so to share in the divine life of love, justice, ing those years. Deliberately, energetically; slightly upward. and truth.

VerDate 02-OCT-2000 04:41 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.081 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10703 Rick’s best work, his masterpiece on the wanted to come to Washington. This Governor, he called for a tax increase facade of this building, invites the city to ad- was his vision. to fund the State’s public schools. Al- mire the house of prayer, but more to enter Its very urgency makes it harder to lies and opponents alike said he was it. The sculptures set up the conditions accept the fact that he was taken from sealing his fate as a one-term Gov- under which a community, a city might transform itself. Enter the choric dance; es- us before he could help make it a re- ernor. The voters saw his decision for tablish a cooperative rhythm; be drawn like ality. His death is a loss for all of us in what it was: an act of political cour- Adam to what you cannot see; drop the Congress who would have had the age. They reelected him in a landslide. sword of contention and enter the mystical honor of working with him. It is a loss In addition to work on behalf of the night—and maybe, just maybe, you will be for the people of Missouri who would children of Missouri, he fought for bet- able to build the day. You might find God. have had the privilege of being rep- ter health and safety standards for sen- Rick Hart was a friend. But I make no resented by him. It is a loss for the iors in nursing homes. He championed apologies for my praise of his work; I believe people of this Nation who would have tough measures to fight crime. He I have been privileged to know a great, pas- sionate artist whose values emerged within had the good fortune of being served by brought about sensible welfare reform. his creative processes and embodied them- him. And he successfully streamlined his selves there. As a result, I know that long We cannot let our sorrow overwhelm State’s government, redirecting hun- after I am dead, the ideas and values he, I us. We cannot let our sadness become dreds of millions of dollars for job cre- and others shared in friendship will awaken bitterness, despair, or regret. That ation, education, and law enforcement. others. The symbols will remain—continuing would not be a fitting tribute to Mel The Democratic leader said earlier to make parts into wholes, building a com- Carnahan. Rather, we owe it to him, to this week that Governor Carnahan was munity of living stones from the stones he his country, and to his family to take a man of such talent and insight that shaped, drawing us beyond ourselves into up the torch of his life’s work and to God. he would have succeeded in any field carry it on. We owe it to ourselves to which he chose. Anyone who knew this let his memory be our solace, his man would, I believe, have to agree TRIBUTE TO GOV. MEL CARNAHAN record our guide, and his legacy our in- with that view; that he chose the field spiration, to let the life of this good of public service and brought credit Mr. HARKIN. Mr. President, it is and decent man continue to light our and esteem to a profession that is all with a heavy heart that I stand here way. That is the best and enduring me- too often criticized. It brought a better today to pay tribute to a good friend, morial for our friend Mel Carnahan. life for millions of Americans who Mel Carnahan, Governor of Missouri, Earlier this year, I was flying in that reaped the harvest of his tireless ef- and express my sorrow at the loss of very plane with Mel and his son Randy forts on their behalf. his son Randy and his longtime aide, at the controls. Being a pilot myself, I extend my deepest sympathies to Chris Sifford. we talked a lot about flying. It was a the Governor’s wife Jean, their family, I had known Mel for a long time. I night flight. We talked about the air- the family of Chris Sifford, and the have followed his career with pride and craft. I talked to Randy about the dif- people of the State of Missouri. admiration as his neighbor to the ferent instrumentation he had on his North. Mel’s service to the State of aircraft. Randy was a very qualified Missouri spans four decades and even pilot. He knew what he was doing. Mel VICTIMS OF GUN VIOLENCE more elected offices. He started out as was, too. Mel had been taking flying Mr. WELLSTONE. Mr. President, it a municipal judge in his hometown of lessons and had hoped to complete has been more than a year since the Rolla at the age of 26. He served in the them at some time but had to inter- Columbine tragedy, but still this Re- Missouri State Legislature. He was rupt them for his campaign. publican Congress refuses to act on State treasurer and Lieutenant Gov- For me, it makes the loss even so sensible gun legislation. ernor, and in 1992 became the 51st Gov- much more poignant and tragic since Since Columbine, thousands of Amer- ernor of Missouri. just a couple of months ago I was on icans have been killed by gunfire. Until Like many of my colleagues, I had that very plane with them. We do not we act, Democrats in the Senate will the privilege of campaigning with Mel know exactly what happened. Right read the names of some of those who this past year. As I watched Mel now what went wrong is really of no have lost their lives to gun violence in Carnahan on the trail and watched him consequence. What is of consequence is the past year, and we will continue to talk with the people of Missouri and that we have lost three good lives in do so every day that the Senate is in listen to their concerns and their hopes that tragic accident in Missouri. session. to gain their confidence and trust, I My heart and my prayers are with In the name of those who died, we was reminded of something Adlai Ste- Jean, his very lovely and very dedi- will continue this fight. Following are venson once said: cated wife, their children Russ, Robin, the names of some of the people who Every age needs men who will redeem the and Tom, and with the family and were killed by gunfire one year ago time by living with a vision of things that friends of Chris Sifford who also lost today. are to be. his life in that tragic accident. October 18, 1999: Michelle Alexander, Mel Carnahan was one of those men, Mr. DODD. Mr. President, I rise to 21, Charlotte, NC; Earl Baker, 22, St. and as Governor of Missouri, he had a add my voice to those who have come Louis, MO; Karlton Cannon, 30, Chi- vision for his State and for our coun- to the Senate floor to pay tribute to cago, IL; Michael Jones, 49, Knoxville, try. We saw it in his work on edu- Missouri Gov. Mel Carnahan. TN; Kenneth Pastuszak, 28, Detroit, cation. We saw it in his work on Mis- Those of us who knew and admired MI; Brian Webster, 26, Detroit, MI; and souri’s economy. He created thousands Governor Carnahan share a profound Unidentified Male, 45, Honolulu, HI. of jobs and moved some 100,000 people sense of loss at the news of his un- We cannot sit back and allow such from welfare to work. We saw it in his timely death and the deaths of his son senseless gun violence to continue. The work on crime and children’s health in- Randy and longtime aide Chris Sifford deaths of these people are a reminder surance and so many other issues, how in a plane crash on Monday night. to all of us that we need to enact sen- he stood up to the gun industry and I had the pleasure to meet Mel sible gun legislation now. stood strong for those who have the Carnahan on several occasions in re- deck stacked against them. cent years. I knew him as a good man, He had a vision for this Nation which as someone who spoke passionately and FEDERAL REGULATIONS he took into his Senate race. He be- cared deeply about the people of his Mr. INHOFE. Mr. President, in fiscal lieved, as Hubert Humphrey stated, State, especially its children. He was a year, FY, 2000, some 54 federal depart- that the measure of government is in dedicated and talented public servant ments and agencies and over 130,000 how it treats those who are in the dawn who never wavered in his belief that federal employees spent over $18.7 bil- of life, the children, those who are in public service is a noble calling. lion writing and enforcing federal regu- the twilight of life, the elderly, and Few if any would question that Mel lations. those who are in the shadows of life, Carnahan’s heart was with the working The number of full-time positions in the sick and the needy. That is why he people of his State. In his first year as regulatory agencies reached an all-

VerDate 02-OCT-2000 04:41 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.085 pfrm02 PsN: S18PT1 S10704 CONGRESSIONAL RECORD — SENATE October 18, 2000 time high during the Clinton/Gore Ad- lanta Journal, ‘‘when regulations are many extremist environmental groups ministration. The era of big govern- rushed into effect without adequate tried to portray it. ment is not over. In fact, it is in its thought, they are likely to do more The U.S. Congress sent a clear mes- hey day. In FY 2000, bureaucratic staff- harm than good.’’ sage to the White House and EPA. ing set a new record, exceeding the pre- Eighty-eight rulemakings are in the However, the Clinton/Gore Administra- vious all-time high of 130,039 in FY process at the EPA. tion allowed EPA to finalize its pro- 1995. On August 25, 2000, a Washington posed TMDL rule shortly before Presi- Rochester Institute of Technology’s Post article’s byline read, ‘‘[m]indful dent Clinton signed the FY 2001 Mili- Professor Thomas Hopkins estimates that Republicans could occupy the tary Construction Appropriations Act that the total cost of federal regulation White House in less than six months, into law. I have grave concerns about will be $721 billion in 2000, which is the Clinton administration is working any Administration which seeks to equal to about 40 percent of all federal feverishly to issue a host of new regu- make the will of Congress ‘‘meaning- spending—representing a hidden tax of lations supported by environmentalists less’’—which is what the White House more than $6,800 per year for each and other liberal leaning groups . . .’’ was quoted as saying. The very thought American family. This represents di- The article goes on to state that, ‘‘[a]t of such an action is a vulgar abuse of rect compliance costs, not indirect the EPA alone, officials have listed 67 power and blatant disregard for the costs such as the cost of lost produc- regulatory decisions looming before legislative branch of our government. tivity, increased cost of goods and serv- Clinton’s second term expires in Janu- The Clinton/Gore EPA’s poorly ices, as we are seeing with gas prices ary.’’ thought-out sulphur/diesel rule. right now, and lower wages—among In response to the Washington Post For some reason the EPA is shocked others. article, the National Manufacturers’ and surprised that fuel prices are spik- These figures are very important for Association requested this list of 67 ing because of the introduction of the us in Washington to keep in mind— pending ‘‘regulatory decisions.’’ How- new RFG phase 2 regulations. The trou- when we are developing laws and regu- ever, NMA’s request was denied. ble is the EPA continues to roll out lations. When considering the entire Thanks to the leadership of Represent- new restrictions and regulations on federal budget, $6,800 per year may ative DAVID MCINTOSH, the Clinton/ gasoline and gasoline formulas without seem like peanuts, but $6,800 is a great Gore Administration submitted the list any regard to what the consequences deal of money to millions of hard work- of regulations. Representative are to the consumer. I am concerned ing Americans. MCINTOSH discovered that it was not 67 that the Clinton/Gore sulfur diesel reg- To put Professor Hopkins’ estimates regulatory decisions—but rather 88! ulation is a perfect example. This is a in perspective, current regulatory costs This does not include the numerous in- regulation which will cause price are about 40 percent of the size of the terim final regulations, policy state- spikes for fuel over the next ten years, federal budget—which stands at an es- ments, and guidance documents, which and EPA has done a miserable job in timated $1.9 trillion in FY2000—and EPA is pushing through. predicting the consequences of this reg- represent about 8 percent of America’s In fact, the average pages of regula- ulation. I believe there will be severe gross domestic product. Moreover, Hop- tions in the Federal Register is cur- shortages of diesel fuel which will lead kins’ estimates of annual U.S. regu- rently sky-rocketing. Currently, the to higher prices for truckers, farmers, latory costs exceed the entire 1998 GDP Clinton/Gore Administration is aver- and the home heating market. It is of such countries as Canada, $604 bil- aging 210 pages of regulations per day highly likely that instead of installing lion; Spain, $553 billion; Australia, $364 in the Federal Register. The last time the expensive desulfurization equip- billion; and Russia, $275 billion. that the American people experienced ment many companies will choose to Beyond the cost of regulations and such a flood of regulations was at the export their diesel instead of selling in the size of the federal bureaucracy, a end of the Carter Administration— the U.S., creating greater shortages. very troublesome trend is occurring in when the Federal Register had an aver- While they are discussing finalizing the regulatory arena right now. In its age of 200 pages of regulations per day. this rule, they are also discussing the last few days in office, the Clinton/Gore Mr. President, there is a graph of the need for a technology review in three Administration is currently pushing average number of regulations in the years on the pollution devices for the through a number of new rules—par- Federal Register during election years trucks themselves. It seems the EPA is ticularly in the environmental arena. since the Ford Administration. not sure if the technology will be avail- This last-minute regulatory push, also Here are some examples: able which requires the low sulfur die- known as ‘‘midnight-regulation,’’ The Clinton/Gore administration’s sel fuel. But this review will take place serves two purposes for the Clinton/ ‘‘Total Maximum Daily Load’’ or after the refiners begin installing the Gore administration: (1) to pander to ‘‘TMDL’’ Rule. expensive low sulfur equipment. the special interest groups and (2) to The now final TMDL rule drew more The real shame in this is that it make regulatory decisions more dif- than 30,000 public comments and has could be avoided if the EPA were more ficult for the next administration. been the subject of 12 congressional reasonable in their expectations. In- This administration is playing a zero hearings. An overwhelming majority of stead of calling for a 97 percent reduc- sum loss game with the regulatory these citizens, including environ- tion in sulfur, they could have taken a process. While special interests and bu- mental, community, state, labor union, 90 percent reduction in sulfur which reaucrats are winning, the American and business organizations, expressed would have produced the same benefits people are losing. When well thought their opposition to the rule. Their con- for particulate matter at half the cost. out and reflecting consensus, regula- cerns have included such issues as the While it is true that NOx would only be tions can certainly provide benefits to rule’s effectiveness, costs, technical reduced by 75 percent instead of 95 per- the American people. However, what is and scientific feasibility, and basic cent. I think we need to stop and look most disturbing is the fact that this structure. at it, 75 percent reduction at half the administration will promulgate these On June 30, 2000, in response to the cost is a bargain. Once again the EPA regulations at any cost—at the finan- testimony and thousands of letters appears bent on chasing pennies of ben- cial cost of the American people—at that I and other Members of Congress efits for dollars of costs. the cost of making a mockery of rule- received in opposition to EPA’s pro- My subcommittee will be looking making due process—even at the cost posed TMDL rule, Congress included a even more closely at the cost of EPA’s of environmental protection. This isn’t provision in the FY 2001 Military Con- programs on our nation’s fuel supply. I just my opinion, other experts agree. struction Appropriations Act that really think the lasting legacy of Carol Wendy Gramm, former Administrator would prohibit EPA from imple- Browner might very well end up being of OMB’s Office of Information and menting this rule. This provision was a these gasoline price spikes over the Regulatory Affairs, and Susan Dud- bipartisan attempt to direct the EPA next ten years, unless something is ley—both of whom are with George to take a step back and address the done to restore some sanity to this Mason University’s Mercatus Center— concerns of the American people—not a process. recently wrote in an article in The At- sneak attack on the environment as EPA’s arsenic regulation.

VerDate 02-OCT-2000 04:51 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.131 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10705 The EPA is reconsidering its proposal issue an Environmental Justice Rule, President and a good many members of for lowering the federal standard for which would be subject to the APA’s Congress have been quite outspoken on arsenic in drinking water. The 5ppb opportunity for notice and comment as the subject. Moreover, the losses in- standard, for which EPA is seeking well as judicial review, the EPA re- curred in that conflict and our respon- comment, is scientifically unjustifi- fused to do so. Instead, the EPA again sibility to do what we can to help bring able. Many experts believe that ‘‘given created a binding regulation, albeit violence there to an end, does not pre- the available information EPA has pro- through a guidance document, which is clude the United States from strongly, vided, a final standard below 20 ppb can not subject to judicial review. unequivocally addressing the first re- not be justified.’’ This rule is antici- Additionally, in the case of many of sponsibility of any U.S. Government: pated to cost $1.5 billion annually and the 88 rules, EPA will argue that the the safety of American lives. require $14 billion in capital invest- regulation has been a work in progress I understand that the State Depart- ments—threatening to bankrupt small for years. EPA’s claim begs the ques- ment spokesman has issued a state- towns. EPA’s own analysis reveals will tion, ‘‘Then why cram through the ment calling the official’s extraor- impose net costs on users of drinking final product when EPA is juggling so dinarily offensive memorandum water systems. Unfortunately, this reg- many balls at once.’’ Though some of ‘‘wrong,’’ ‘‘not approved through appro- ulation is just another example of the the regulations may have been pro- priate channels’’ and assuring that it EPA putting the policy ahead of the posed before, it does not mean that the in ‘‘no way reflects the views of the science—at the cost of the American proposal is still relevant—which we see Secretary or the Department.’’ Fine, people. with EPA’s Proposed New Source Re- we can let the matter rest there. Mr. President, I could go on and on view Rule. In this and other cases, EPA Let me add a thought, though. It’s a about these midnight regulations. should re-propose the rule rather than free country, but the official in ques- The Clinton/Gore administration is going final with it’s obsolete, out-dated tion is not free to represent her own circumventing regulatory rulemaking proposed rule. controversial priorities as official U.S. due process. In conclusion, the Clinton/Gore Ad- policy. Should she be unable to meet A fundamental safeguard provided by ministration is in overdrive to make this basic professional and civic re- the Administrative Procedure Act (the policy by administrative edict where it sponsibility, perhaps she should seek a ‘‘APA’’) is to ensure that federal agen- has failed to do so by the legislative place of employment that is more com- cies provide an opportunity for in- process or by following the regular reg- patible with her views. formed and meaningful public partici- ulatory order. President Clinton and pation as part of the regulatory rule- Vice President GORE can’t really be- TREASURY-POSTAL/LEGISLATIVE making process. lieve that the less the public partici- BRANCH APPROPRIATIONS—CON- As if midnight regulations were not pates the better—but they’re acting FERENCE REPORT bad enough, the Clinton/Gore adminis- like they do. The fact that the EPA is Mr. JOHNSON. Mr. President, last tration attempts to short-cut APA cramming though scores of rules and week, the Senate passed a conference safeguards by the issuance of interim other regulatory decisions without report which contained the Treasury- final rules, guidance documents, and public discourse is irresponsible. I call Postal appropriations bill, the legisla- policy statements. These documents, on the Administration to exercise regu- tive branch appropriations bill, and a which do not go through the notice and latory restraint and stop exceeding its repeal of the century-old telephone ex- comment rulemaking process required legal authority without undergoing ap- cise tax. This package was the first of by the APA, are not subject to review propriate rulemaking procedures. the several ‘‘mini-omnibus’’ packages by the courts. Often, these documents Rushed and poor judgement and de- we will likely consider in the waning suggest that regulated entities must liberate acts that exceed an agency’s days of this Congress, and unfortu- comply with requirements beyond the authority can cause serious disruptions nately, it demonstrates the funda- requirements found in law or regula- in the course of American families’ mental problems associated with this tion. Though agencies deny the fact lives. Therefore, I, along with other type of legislating. these documents are legally biding, it Members of Congress, will explore the I voted against this mini-omnibus for is clearly an attempt to make law out- various options, which Congress could several reasons. The Senate never had side the rulemaking process—in a way use to address this Administration’s the opportunity to even consider the which tries to shield agencies from ju- numerous egregious political and anti- Treasury-Postal bill on the floor. Many dicial review. democratic actions. Environmental issues that are critical to Senators For example, on April 14, 2000, the protection is vitally important, but so could not receive deliberation because U.S. Court of Appeals, in Appalachian is the integrity of our government. of the unwillingness of the leaders to Power v. EPA, struck down EPA’s allow the Senate to fulfill its constitu- ‘‘Periodic Monitoring’’ Guidance. STATE DEPARTMENT tional directive of deliberating on the Among it’s findings, the Court found: crucial issues facing the nation. I will MEMORANDUM (1) EPA was creating broad new au- not review the entire list of neglected thority through the guidance docu- Mr. MCCAIN. Mr. President, yester- issues again. That recitation has oc- ment; (2) EPA did intend the guidance day, we learned that a memorandum curred elsewhere, and I am confident document to have binding effect; and from the Inter-Agency Coordinator for we will hear more about them in the (3) the guidance was illegally issued the State Department instructed the coming days. outside the APA rulemaking proce- Voice of America to refrain from Suffice it to say, I deplore the proce- dures. broadcasting an editorial denouncing dure that permits unpassed appropria- From 1992 to 1999, the Clinton/Gore the terrorist act that took the lives of tions bills to go right to conference. EPA published over sixty-five interim seventeen American sailors on the Other than the procedural irregularity, final rules, guidance, and policy state- U.S.S. Cole and expressing the United I opposed this conference report be- ments in the Federal Register. How- States’ resolute opposition to all ter- cause it did not contain language to ever, there are many more of these doc- rorism. Apparently she perceived in the strike the congressional pay raise. It is uments, which have never been pub- editorial an insensitivity to the fact unfathomable to me that at a time we lished in the Federal Register—in vio- that ‘‘the seventeen or so dead does not cannot raise the minimum wage to lation of the Federal Register Act. compare to the 100+ Palestinians who bring a full-time worker above the pov- And the cycle continues . . . on Au- have died in recent weeks where we erty line, we once again raise salaries gust 28, 2000, EPA has just issued a have remained silent.’’ for Members of Congress. I have op- guidance document on Environmental Mr. President, I was not aware that posed any effort to raise congressional Justice. While I will reserve the policy the United States had remained silent salaries in every year since 1994. I, and discussion on environmental justice for about the loss of life, both Israeli and similarly-minded colleagues, were de- another time, the process question Palestinian, in the current conflicts nied the opportunity to fully debate arises again. Even though the Congress threatening the prospects for peace in this issue. I cannot support this in- and many stakeholders urged EPA to the Middle East. Indeed, I believe the crease, especially under the current

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.133 pfrm02 PsN: S18PT1 S10706 CONGRESSIONAL RECORD — SENATE October 18, 2000 circumstances with so much unfinished Korea, which he called the ‘‘sunshine honor those who gave their lives in the business. policy.’’ This policy of building ties line of duty. We will not forget your Unfortunately, many initiatives I with the North is on a scale that has superb service and ultimate sacrifice. support were also included in this not been seen in the history of postwar As I extend my heartfelt sympathy package. Among them is the repeal of Korea. After winning the election, to the families of the Cole Sailors, let the telephone excise tax, a revenue President Kim, a forgiving and reli- me also say to the world that the used originally to help fund the Span- gious man above all, pardoned the United States will not rest until those ish-American war. This three percent former military rulers who tried to kill responsible for this attack are held ac- surcharge is among the most regressive him as his first act in office. He has countable for this atrocious destruc- taxes, and I was proud to be an early also been a positive force for South Ko- tion of innocent American life. Let cosponsor of the effort to repeal it. In rea’s economy which was at a low point there be no mistake. We will use every addition to cosponsoring the original when President Kim was elected. The tool in our arsenal to track down and legislation, I voted to repeal this tax South Korean economy grew by 10.2 charge our adversaries for this cow- when the repeal was offered as an percent in 1999 and is projected to grow ardly act. amendment to the estate tax repeal. by 6 percent in 2000. The British poet A.E. Housman In a time of unprecedented surpluses, President Kim’s ‘‘sunshine policy’’ wrote, ‘‘The troubles of our proud and we must fix some of the inequities in culminated in a June summit between angry dust are from eternity and shall the tax code. I am disappointed we the leaders of North Korea and South not fail. Bear them we can, and if we have not managed to accomplish more. Korea. The summit was a success, and can, we must.’’ Housman’s poem speaks Once again, this is indicative of the set a tremendous precedent for the re- to our strong tradition of persistence overly partisan nature of Senate activ- lationship between the two countries. and moral courage to stand up for our ity, and this partisanship has blocked Speaking of the meeting, President values. Let our resilience signal to the fair tax reform. Nonetheless, I am Kim said, ‘‘the Korean people are one; world that no terrorist attack can en- pleased we have at least resolved the we have a common fate. There is noth- croach our resolve. We will not shrink federal telephone excise tax, a reform ing we cannot do if we make steady ef- to defeat, but grow stronger in our which will save all Americans $51 bil- forts with good faith and patience.’’ commitment to securing peace and sta- lion over the next decade. I commend The possibility for continued conversa- bility throughout this nation’s areas of the major telephone providers for com- tion between North and South gives me interest. Seventeen U.S.S. Cole sailors mitting to pass fully these savings to great hope that the two sides have did not suffer tragic deaths in vain. consumers, and I once again regret taken the first steps to a true and last- They died protecting freedom, and de- that the unique and deplorable manner ing peace. fending the greatest nation on Earth. in which this Congress is fulfilling its The rebuilding process between the So now, I join my colleagues and the responsibilities forced me to vote Koreas has been enhanced by several families of the U.S.S. Cole crew in sol- against this package. small but meaningful achievements. emn prayer for these brave sailors, the North Korea and South Korea have protectors of America’s great democ- pledged to work on rebuilding roads racy. God bless you and God bless CONGRATULATIONS TO KIM DAE- and rail lines between the two coun- America. JUNG tries. Earlier this summer, a brief re- Mrs. BOXER. Mr. President, I would union occurred of families separated by FEDERAL PRISONER HEALTH like to congratulate Kim Dae-jung, the the Korean war 50 years ago. Just last CARE COPAYMENT ACT President of South Korea, on receiving month, the entire world was moved the Nobel Peace Prize for 2000. This when the North Korean and South Ko- Mr. JOHNSON. Mr. President, I am award is well-earned for a great leader rean teams marched together in the pleased the President recently signed whom many call the ‘‘Nelson Mandela opening ceremonies of the Sydney into law the Federal Prisoner Health of Asia.’’ President Kim’s life-long Olympics. Care Copayment Act. As you know, dedication to peace and reconciliation I had the opportunity to meet Presi- Senator JON KYL and I introduced last is evident in the fact that he had been dent Kim in 1986 when he was under year a bill to require Federal prisoners nominated for this award on 14 dif- house arrest. I was very moved by his to pay a nominal fee when they initiate ferent occasions. Last Friday’s an- courage and faith and thought that he certain visits for medical attention. nouncement made President Kim his would some day lead his beloved na- Fees collected from prisoners will ei- nation’s first Nobel laureate, a source tion. It is with great happiness that I ther be paid as restitution to victims of great pride for the people of South take this opportunity to congratulate or be deposited into the Federal Crime Korea. Kim Dae-jung and the people of South Victims’ Fund. My State of South Da- Kim Dae-jung has led an extraor- Korea on this historic occasion. kota is one of 38 States that have im- dinary life, highlighted by an unwaver- plemented State-wide prisoner health ing commitment to democracy. In fact, care copayment programs. The Depart- throughout his career, President Kim A SALUTE TO THE SAILORS OF ment of Justice supported extending has been willing to risk his own life in THE U.S.S. ‘‘COLE’’ this prisoner health care copayment standing up for the principles that Ms. LANDRIEU. Mr. President, I am program to Federal prisoners in an at- allow South Korea to be the great na- deeply saddened by the loss of the tempt to reduce unnecessary medical tion it is today. brave men and women of the U.S.S. procedures and ensure that adequate President Kim has indeed paid a Cole. October 12, 2000 will long be re- health care services are available for heavy price for speaking out against membered as a day of heavy emotions prisoners who need them. totalitarian rule. Shortly after his first for our armed forces and all American My interest in the prisoner health run for President in 1971, Kim was people. All of our hearts have been con- care copayment issue came from dis- nearly killed in a car accident that sumed with anger and sorrow at the cussions I had in South Dakota with a many believed to be an assassination senseless act of terrorism that, on that number of law enforcement officials attempt. Two years later, he was kid- day, left seventeen United States sail- and US Marshal Lyle Swenson about napped by South Korean agents, osten- ors dead, and thirty-nine injured. All the equitable treatment between pre- sibly because he was perceived as a young, all promising, all dedicated to sentencing Federal prisoners housed in threat to the status quo. He would have defending America’s values and way of county jails and the county prisoners been killed, had the United States not life. residing in those same facilities. Cur- intervened. In the years that followed, But my heart is also filled with pride rently, county prisoners in South Da- President Kim survived jailings, house in these men and women. Our sailors kota are subject to State and local arrest, exile and numerous beatings. served in the finest traditions of the laws allowing the collection of a health Three years ago, President Kim cam- Navy, selflessly dedicating themselves care copayment, while Marshals Serv- paigned on an innovative, open ap- to serving our country with bravery ice prisoners are not, thereby allowing proach to reconciliation with North and integrity. And I rise today to Federal prisoners to abuse health care

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.088 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10707 resources at great cost to state and Alfred Free, whose work developing the the citizens of Shreveport—Bossier and local law enforcement. ‘‘dip-and-read’’ urinalysis test greatly Northwest Louisiana. As our legislation moved through the eased the lives of those suffering from I have known Virginia Shehee and Senate Judiciary Committee and Sen- diabetes; J. Franklin Hyde, whose dis- come to treasure her example and her ate last year, we had the opportunity covery of fused silica made possible the friendship in my service as a State offi- to work on specific concerns raised by fiber optic cable so widely used today; cial in Louisiana and in my first term South Dakota law enforcement offi- William Kroll, who escaped Europe be- as a U.S. Senator. To those of us who cials and the US Marshals Service. I fore the onset of World War II, and believe that Louisiana must move ag- sincerely appreciate Senator KYL’s whose work in his home laboratory re- gressively to be part of the knowledge- willingness to incorporate my language sulted in a process that allows tita- based economy, the evolution of into the Federal Prisoner Health Care nium and zirconium to be produced; Biomed and the opportunities it has Copayment Act that allows state and and Steve Wozniak, co-founder of come to represent stand as a model of local facilities to collect health care Apple Computer and the inventor of civic leadership and foresight. It is the copayment fees when housing pre-sen- the modern personal computer. story of a community that dared to tencing federal prisoners. Build a better mousetrap, and the dream big dreams at a time in its his- I also worked with Senator KYL and world will beat a path to your door. In tory when those dreams seemed most members of the Senate Judiciary Com- modern parlance, one might say that remote. mittee to include sufficient flexibility technological advancement is the en- But those dreams are coming true, in the Kyl-Johnson bill for the Bureau gine that drives our economy. It is the and young people who once had to of Prisons and local facilities con- biggest contributor to increasing our leave home to participate in the new tracting with the Marshals Service to standard of living here in the United economy are now finding significant maintain preventive-health priorities. States, and the best way to improve career opportunities in Northwest Lou- The Kyl-Johnson bill prohibits the re- the lives of individuals the world over. isiana. Of all the community leaders fusal of treatment for financial reasons This progress is essentially made pos- who can share in the credit for this re- or for appropriate preventive care. I am sible through the protection of intel- markable achievement, none has pleased this provision was included to lectual property that is afforded by the played a larger role than Virginia pre-empt long term, and subsequently U.S. Patent and Trademark Office, the Shehee. Her grit and unyielding per- more costly, health problems among main force behind the founding of the sistence led to millions of dollars in prisoners. National Inventors Hall of Fame. In to- state and federal construction and pro- The goal of the Kyl-Johnson Federal day’s rapidly changing world, the Pat- gram dollars for a Biomedical Research Prisoner Health Care Copayment Act is ent and Trademark Office is the ‘‘safe Institute. And her salesmanship and not about generating revenue for the haven’’ that encourages men and gentle charm have opened doors to a Federal, State, and local prison sys- women to accept the challenge to build world of promising cooperative rela- tems. Instead, current prisoner health the better mousetrap through the pro- tionships and new corporate citizens care copayment programs in 38 States tection of creativity and what our for Shreveport. illustrate the success in reducing the minds can produce. Some years ago, not too long after number of frivolous health visits and Consider the accomplishments of the the Institute opened its doors, Virginia strain on valuable health care re- 158 inventors enshrined at the Hall. led a blue-ribbon group of sources. The Kyl-Johnson bill will en- Consider the contributions they have Shreveporters, some half her age, on an sure that adequate health care is avail- made to society: to prolonging our industry-hunting trip through the mid- able to those prisoners who need it, lives and making them more enjoyable; Atlantic and New England. Nothing without straining the budgets of tax- to reducing our workload; and to allow- could capture the indefatigable energy payers. ing us to explore new continents and of the leader of the trip more than the the heavens themselves. It is easy to words of a lapel button, which someone see the power of invention and the tre- distributed to participants after the ADDITIONAL STATEMENTS mendous impact inventors have on all trip: ‘‘I Survived Shehee’s March!’’ of us. As the CEO of one of Louisiana’s As an Ohioan, I am always struck by largest companies and as a leader in NATIONAL INVENTORS HALL OF the ingenuity and sheer determination the insurance industry, as one of the FAME INDUCTEES of two Dayton bicycle workers who earliest women members of the Lou- ∑ Mr. VOINOVICH. Mr. President, I dared to believe that they could defy isiana Legislature, as a caring steward rise today to pay tribute to the induct- gravity with their winged invention. of our great state university, as a de- ees into the National Inventors Hall of Little did the Wright Brothers realize voted wife and mother and as someone Fame for the year 2000. Located in that 66 years after their historic flight, who gives utterly selflessly and end- Akron, OH, the National Inventors Hall man’s inquisitive nature would im- lessly to her community, Virginia of Fame is America’s shrine to those prove upon their invention and put an- Shehee has earned the love and admira- who have made significant contribu- other Ohioan—Neil Armstrong—on the tion of all of us who are privileged to tions to our nation, and improvements moon. know her and work with her. It will be to the quality of life for all mankind. Invention is progress, and I salute a great moment for me on the evening As Governor of Ohio, I was proud to the work of America’s inventors, the of Friday, November 3, when I get to be speak at the dedication ceremony for U.S. Patent & Trademark Office and part of the evening in which the this magnificent facility in July of the National Inventors Hall of Fame in Shreveport community says, ‘‘Thanks, 1995, and I was pleased to have the Hall Akron, Ohio, for their continuing ef- Virginia. Let Shehee’s March con- also serve as the backdrop for the Edi- forts to improve and enrich our lives.∑ tinue.’’ ∑ son Innovator Awards my office pre- sented to companies throughout the State of Ohio. A TRIBUTE TO VIRGINIA SHEHEE A TRIBUTE TO SPECIAL AGENT Inductees into the National Inven- ∑ Ms. LANDRIEU. Mr. President, I TOM LAPISH tors Hall of Fame represent the epit- wish to join with my colleague, Sen- ∑ Mr. ABRAHAM. Mr. President, dur- ome of ingenuity and inspiration, and ator BREAUX, in recognizing the great ing the 106th Congress, the Detroit this year’s class is no exception. In- civic contributions of my dear friend, Field Office of the Federal Bureau of ductees for the year 2000 include: Walt Virginia Shehee. It is so appropriate Investigation lost two of its most dedi- Disney, whose name has become syn- that the Biomedical Research Founda- cated agents to battles with cancer. onymous with imagination and cre- tion of Northwest Louisiana should be Both were respected not only for their ativity; Reginald Fessenden, whose pio- gathering to honor this amazing professional accomplishments, but also neering work in the area of wireless woman, whose vision and energy led to for the manner in which they con- communication led to the modern the creation of the Foundation and the ducted themselves outside of their radio broadcasting industry; Helen and many benefits that it has produced for work, as each contributed considerably

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.074 pfrm02 PsN: S18PT1 S10708 CONGRESSIONAL RECORD — SENATE October 18, 2000 to the Detroit community. I rise today have been implemented to enhance the whatever was necessary to advance the in honor and in memory of Special lives of The New Hope members. work in which he so deeply believed. In Agent Tom Lapish, one of these two Pastor Thomas has also contributed the rough and tumble world of Social men. much to the Newark community. He Security politics, it is easy to become Special Agent Lapish entered on duty established the Minority Contractors discouraged or demoralized, but Dr. with the FBI in 1976. After a brief stay and Craftsmans Trade Association and Thayer was unfazed by any setback. in Kansas City, he was assigned to the the New Hope Skills Center to enable Regardless of the short-term fortunes, Detroit Field Office. In Detroit, he de- individuals to pursue careers in car- he always kept his eye on the long- veloped an expertise in white collar pentry, masonry, and machinery. In term horizon, and applied all of his crime investigations, and was regarded 1975, the New Hope Development Cor- considerable gifts and his hard work to as one of the Bureau’s top agents in poration was organized to build New achieving it. that arena. With a background in ac- Hope Village, a 170 family housing All of us who knew Dr. Thayer ad- counting, he thrived on the protracted, complex in Newark that provides af- mired him deeply for his willingness to intricate nature of investigating com- fordable housing for lower income fam- argue passionately for an unconven- plex fraud matters, and was formally ilies. tional position when he knew that he commended for his investigative ac- For over 20 years, Pastor Thomas has was right. What was striking about Dr. complishments on several occasions. dedicated himself to both his congrega- Thayer’s oratorical style was that he Not surprisingly, Special Agent tion and his community. His efforts always strove to appeal to the very Lapish was known for his attention to have benefitted the lives of countless best instincts in his listeners—never detail. He was also known for his high individuals, and he is richly deserving selfishness, never division, never de- ethical standards. He stood for the of our thanks and well wishes for his spair—always hope, opportunity, ad- ideals of the FBI motto—Fidelity, retirement.∑ vancement, responsibility, self-reli- Bravery and Integrity—at all times. ance, and giving all that one can. Even as his illness made him weak, he REVEREND DR. BENNIE THAYER There’s a poignant example of this in a would contemplate going to the office ∑ recent speech that he gave in Nash- to work on cases he had been assigned. Mr. GREGG. Mr. President, it is with ville, Tennessee, ‘‘The Power of Small In addition, he was very active within great sadness that I rise to note the re- Business for Wealth Creation in the Mi- his church, helping to promote the cent passing of the Reverend Dr. nority Community’’—when he talks Christian lifestyle which he believed so Bennie Thayer. Dr. Thayer was an ex- about why he felt that African Ameri- deeply in. traordinary and inspiring figure in the cans should support reform of the So- Special Agent Lapish was also an ex- eyes of all who knew him, and I would cial Security system. To quote from tremely gifted athlete, and his passion like to take this opportunity to de- his words: scribe for the record just a few of his for soccer became legendary within the ‘‘First, African Americans tend to Detroit community. He served as the achievements and his many attributes. I have found it striking that the peo- start working at a younger age than coach for nearly 30 soccer teams, and whites. So we pay taxes into the sys- in this capacity mentored hundreds of ple who are now mourning Dr. Thayer’s loss come from so many different back- tem for more years than whites. And young individuals. His impact on them second, African-Americans also have was seen at his memorial service, grounds and walks of life. Clearly this was a man who touched many people in shorter life expectancies than whites. which was crowded with soccer players The average African-American male paying final respects to their favorite many different ways. Dr. Thayer was an ordained minister, the Senior Pas- currently has a life expectancy of less coach. It can also physically be seen in than the retirement age of 65! So many the Detroit area, where a soccer field tor at the United Methodist Church of the Redeemer in Temple Hills, Mary- African-Americans will spend their en- was posthumously named in his honor. tire working lives paying taxes into Special Agent Lapish passed away on land. He also worked tirelessly to ex- Social Security. But then, they won’t May 18, 2000 at the age of 50. He is sur- pand the political activities and eco- draw out a dime in retirement benefits. vived by his wife, Mary, and two sons, nomic opportunities for African Ameri- Or accumulate any wealth to pass Matthew and Andrew. cans, both within his community and along to their children, or other heirs.’’ The Federal Bureau of Investigation across the nation. His funeral last Sat- This is typical of his approach; noting works hard to ensure that its agents urday literally produced an overflow not what was in it for him—but what set a strong moral example for the peo- crowd—testimony to the high esteem kind of legacy was being left behind. ple they are entrusted to protect. in which he was held in religious com- There is no question that Special munities, in political circles, and The sad irony here is that Bennie Agent Lapish was a leader in this re- among many others. himself died at the age of 61. When one gard. Dedicated to his Nation, his agen- Reverend Thayer was also the Presi- heard Bennie speak those words, one cy, his family and his faith, he was a dent and the CEO of the National Asso- didn’t think that he was talking about role model in the Detroit community, ciation for the Self-Employed, and it himself. I think that everyone close to and he will be deeply missed.∑ was in this capacity that I had come to him assumed that he had come so far know him. Along with Senator JOHN in life that he would beat the odds. BREAUX, Congressman JIM KOLBE and And indeed Reverend Thayer had IN RECOGNITION OF DR. CHARLES Congressman CHARLIE STENHOLM, I co- come very far from his birthplace in E. THOMAS chaired the CSIS National Commission Pickens County, South Carolina. He ∑ Mr. TORRICELLI. Mr. President, I on Retirement Policy. In the course of was fully 36 when he received his bach- rise today to recognize Dr. Charles E. our work we took testimony from all elor’s degree from the University of Thomas, pastor of New Hope Baptist sorts of groups—seniors’ groups, youth Maryland, 54 when he received his mas- Church upon the occasion of his retire- advocacy groups, employer groups, and ter’s in divinity, and 58 when he re- ment. During his time in the ministry, others—and it was through the gath- ceived his doctorate of divinity. His bi- Pastor Thomas has shown a great com- ering this testimony that my office ography shows the mark of a man who mitment to both church and commu- first established regular contact with was always striving, always working to nity. Reverend Thayer. create the next opportunity. But when Under Pastor Thomas’s leadership Among those who worked in the area you look carefully at the opportunities and guidance, The New Hope Baptist of Social Security reform, Dr. Thayer that he sought, they so frequently cen- Church has accomplished a great deal stood out for his passionate and un- tered on creating new hopes for oth- and continues to grow. The New Hope swerving dedication to his cause. He ers—promoting economic opportunities Day Care Center has been established also stood out in every other respect as with the National Association of the and the edifice of New Hope has been well. He was an impressive, imposing Self-Employed, spiritual guidance renovated and expanded, creating a figure of a man, with a deep and sono- through his ministry, bequeathing beautiful church with seating for over rous voice that he used to tremendous wealth to our children and our grand- 1,200. Further, numerous programs effect. And he was always there to do children through reform of the Social

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.029 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10709 Security system. This theme of striv- incomprehensible. My heart goes out to I salute Councilman Edreira’s leader- ing to create a constructive and uplift- the Harding Family for the loss of Mr. ship in Elizabeth, which during his ing legacy ran throughout his life and Joe Harding, and I hope that this dear service has enjoyed a remarkable eco- throughout his work. family can take some solace in the nomic renaissance as new jobs and eco- Dr. Thayer was an extraordinary man knowledge that it was because of Joe’s nomic development have brought new who led an extraordinary life. He is al- persistence that this story came to life to one of New Jersey’s historic cit- ready deeply missed.∑ light. Because of Joe’s willingness to ies. He is to be thanked for helping to speak in the face of high-powered oppo- sow these seeds of revitalization in the sition, at least 120 other workers who community. Councilman Edreira’s re- HONORING THE WORK OF suffer effects of contamination will tirement from the Elizabeth City Coun- ANTHONY ROMOLO now be treated and compensated by the cil is a true loss for both the City of ∑ Mr. DURBIN. Mr. President, I rise United States government. Joe paid Elizabeth and the entire State of New today to recognize Tony Romolo, in the ultimate price in his death, and for Jersey. After a career marked by many whose honor the Anthony C. Romolo that he deserves our sympathy, our re- accomplishments, I am pleased today Training Center in Mt. Sterling, Illi- spect, and our gratitude. to highlight his remarkable record of nois, is being dedicated this month. From that very first moment the service on the occasion of his retire- Tony Romolo was the Center’s found- story broke, I have been determined to ment. While we are losing one of our ing administrator and is now the long- make sure all current and former em- State’s finest and most valuable lead- est-serving training administrator ployees are tested for contamination ers, we can take pride in the countless within the Laborers’ International and that sick employees receive the contributions that Councilman Edreira Union of North America. treatment they need and deserve. Of has made to one of New Jersey’s most As administrator, Tony has been re- course, nothing can take the place of important communities.∑ sponsible for creating policies that good health or life, but every effort have guided the procedures and man- should be made to provide compensa- agement of the training center, includ- tion for DOE’s wrongs. A TRIBUTE TO SPECIAL AGENT ing the development of training goals I want the workers in Paducah, DAVID J. WILSON and priorities. His leadership has re- Portsmouth, and Oak Ridge to know ∑ Mr. ABRAHAM. Mr. President, dur- sulted in the training of thousands of that I am working here in the Senate ing the 106th Congress, the Detroit laborers throughout Illinois. to ensure that they are adequately Field Office of the Federal Bureau of The Laborers’ Training Program was tested and treated for any problems Investigation lost two of its most dedi- one of the first within the State of Illi- they experience as a result of contami- cated agents to battles with cancer. nois to receive accreditation from the nation at the plant. I have continually Both were respected not only for their Illinois Department of Public Health sought funding, as a member of the professional accomplishments, but also for teaching environmentally bene- Senate Appropriations Committee, and for the manner in which they con- ficial courses in asbestos abatement. am pleased to have played a role in ducted themselves outside of their Mr. Romolo also oversaw the creation providing the funding to make health work, as each contributed considerably of the Construction Craft Laborers’ Ap- testing equipment, such as the vital to the Detroit community. I rise today prenticeship Program that was ap- lung screening van for Paducah, avail- in honor and in memory of Special proved February 3, 1997. able to all of the dedicated workers Agent David J. Wilson, one of these Tony Romolo’s work has been diverse who have served at the each of the Gas- two men. but unwavering in its commitment to eous Diffusion Plants. Before joining the Federal Bureau of improving the skills of our nation’s The mobile lung screening unit Investigation in 1980, Special Agent workers. We are fortunate to have dedi- should serve as a symbol to each of the Wilson served the Nation as a military cated, hard-working men like Tony in workers and their families that we will police officer, earning the National De- our society today. Illinois is a better keep fighting for your health and safe- fense, Marksman and Sharpshooter place because of his commitment to ty, for your economic livelihood, and service medals. Upon joining the FBI, the working men and women of our for the cleanup of the plant sites and he quickly earned top honors in his state and country.∑ surrounding neighborhoods. Academy Class for academics, physical On behalf of my colleagues in the fitness and marksmanship. Senate, I want to say thank you to the Special Agent Wilson spent the ma- TRIBUTE TO WORKERS AT THE employees at the plants for their serv- jority of his FBI career working in De- PADUCAH GASEOUS DIFFUSION ice to the United States. Your sacrifice troit. He specialized in drug and white PLANT to help us win the Cold War will never collar crime matters, and was highly ∑ Mr. MCCONNELL. Mr. President, I be forgotten.∑ regarded for his investigative skills. rise today to pay tribute to the thou- Indeed, he was a pioneer in the inves- sands of workers, both past and tigation of health care fraud, and his present, at the Gaseous Diffusion HONORING DR. ORLANDO EDREIRA undercover work in the Detroit area Plants in Paducah, Portsmouth, and ∑ Mr. TORRICELLI. Mr. President, I yielded numerous successful prosecu- Oak Ridge for their patience and per- rise today to recognize the retirement tions which saved and recovered mil- sistence through what has been, and of Dr. Orlando Edreira. Dr. Edreira’s lions of dollars for the State of Michi- continues to be, a challenging time. hard work and dedication as a Council- gan in fraudulent medical billings. When the reports of contamination man in Elizabeth, New Jersey has had They also helped to prevent the illegal broke in the August 8, 1999 edition of a lasting impact on communities diversion of controlled substances by the Washington Post, my first throughout Union County and the health care professionals. thoughts were of the individuals and State of New Jersey. Special Agent Wilson received many families who had suffered because of For more than four decades, Council- commendations, including two na- DOE’s mistakes. I thought of the pain man Edreira has been contributing to tional awards, on account of his inves- those workers must have endured from the future of our children and the im- tigative prowess. In 1997, he was ap- the illnesses and continue to endure in provement of our communities as both pointed to the position of Polygrapher many cases, and the sense of loss fami- an educator and a civil servant. He has for the Detroit Field Office, a position lies must have felt for those whose contributed to hundreds of community he held with great pride. loved ones did not survive the harsh ef- projects and has been a member of nu- The City of Detroit was in many fects of contamination. merous professional and community- ways a perfect fit for Special Agent The story of the Harding Family, of based organizations in New Jersey. Wilson. He developed a unique interest Paducah, still haunts me. To think Councilman Edreira has also been a in its history and architecture. An ac- that a man suffered and died a painful well-recognized and respected advocate complished vocalist himself, he had a death because of the carelessness of of- for the Latino community of New Jer- passion for music, and particularly for ficials at the Department of Energy is sey throughout his career. the ‘‘Motown’’ sound. He also had an

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.027 pfrm02 PsN: S18PT1 S10710 CONGRESSIONAL RECORD — SENATE October 18, 2000 appreciation for fine arts and for the ity. During that campaign, it was re- derstands the entire issue well-enough theater, both of which were nurtured in ported that if Mike saw the lights on in to be able to explain it. Mike has al- Detroit. And, as an avid basketball the offices of our opponent when he ways been relentless in wanting to player and fan, he was able to cheer on was leaving the office, no matter what guarantee that the press gets the story the Detroit Pistons during the greatest time it was, Mike would turn around, right the first time. years that organization has known. go back inside and continue to work. Of course, the Ohio press corps could Special Agent Wilson passed away on Mike refused to allow them to get the write volumes of examples of Mike’s August 29, 1999 at the age of 47. He is upper hand by putting in more time or tenacity in wanting a story reported survived by his wife, Patricia, and two effort. correctly. If Mike felt he was right, he sons, Lerone and Paul. Once the election was over, and I was would argue his point until that re- The Federal Bureau of Investigation elected Governor, there was little porter understood what he was talking works hard to ensure that its agents doubt in my mind that one of the peo- about and where he was coming from. set a strong moral example for the peo- ple I had to have on my executive team If Mike knew he was right, he would be ple they are entrusted to protect. was Mike Dawson. Since then, Mike relentless in his effort to not only con- There is no question that Special has been with me through thick and vince the reporter to see his point of Agent Wilson was a leader in this re- thin and through good times and bad. view, but to agree with it as well. gard. Dedicated to his Nation, his agen- Whatever the situation, and no matter Mike’s style has earned him the re- cy and his family, he was a role model how rough things got, Mike was always spect of reporters from all across Ohio. in the Detroit community, and he will there providing me sound advice. In fact, when I left the Governor’s of- be deeply missed.∑ I will never forget Mike’s dedication fice to come to the Senate, Mike was and professionalism during the lauded in a column written by Joe Lucasville prison riots in April of Hallett in the Cleveland Plain Dealer HONORING SHERIFF JOHN T. 1993—a period I consider to be the dark- for how diligently he served as press PIERPONT est days of my administration. For secretary during my administration: ∑ Mr. ASHCROFT. Mr. President, I eleven days, Ohio held its breath as the probably the highest compliment any would like to honor John T. Pierpont Lucasville prison erupted in violence. press secretary can receive from his for his outstanding service as Sheriff of As I worked to find a peaceful solution peers. Greene County, Missouri. I want to ex- to the crisis, one of the people I de- That column put in print what I al- tend my personal appreciation and pended upon most for assistance was ready knew and what I told millions of heartfelt thanks to John for his dedica- Mike Dawson. Not only did Mike serve Ohioans on the night I was elected to tion and hard work. as press secretary at that time, but he the Senate—that Mike Dawson was the There are few careers more noble was also my executive assistant in best press secretary in America. It was true then, and it is true today. In all than those spent in public service. charge of emergency management op- the years I have known him, and in the Sheriff Pierpont’s twenty years of serv- erations. In that position, Mike had a hundreds, if not thousands, of stories ice with the Greene County Sheriff’s strong hand in working with the De- that Mike handled for my guber- Office have meant a great deal to the partment of Rehabilitation and Correc- natorial administration, as well as here people he has served. Prior to being tions, the Ohio Highway Patrol, and in the Senate, he has always kept the elected Sheriff of Greene County, Mr. several other agencies in helping to put best interests of Ohio at heart. I have Pierpont served as U.S. Marshal for the an end to the siege at the prison and been truly blessed to have had Mike Western District of Missouri for eight restoring order. Mike initiated a task provide me such tremendous profes- years. His service has extended well be- force to review what had gone wrong at sional service over the years. yond the Sheriff’s office and law en- Lucasville and to make recommenda- As I have been blessed with Mike’s forcement to community and chari- tions on how to avoid similar service, he has been blessed even more table organizations across Greene Lucasville situations in the future. A so with a wonderful and loving family. County and throughout our state. special emphasis of the task force fo- To witness the love that Mike has for Sheriff Pierpont has represented the cused on the proper role of the media his wife Laurel and his son Will makes state of Missouri and the Sheriff’s De- in covering prison situations. it evident that they are the most im- partment with dignity, integrity, and Mike’s service in emergency manage- portant priorities in his life, and to see professionalism. His commitment to ment operations was not limited just them all together makes it easy to re- the enforcement of Missouri law and to the Lucasville riots. He was instru- alize that God’s love truly shines upon the protection of our residents is to be mental in Ohio’s efforts to coordinate them. commended. I am delighted to honor assistance to flood-ravaged areas of Mike is an Ohioan to the core, and he my friend and fellow Greene County Ohio in 1997 and 1998, and was always has always considered it his distinct resident, John Pierpont. right in the middle of things whenever privilege to work on behalf of the peo- May God richly bless John and his Ohio was faced with an emergency situ- ple of his state of Ohio in an effort to family as they begin this next chapter ation during my two terms as Gov- improve government and make govern- in their lives.∑ ernor. ment work more efficiently, and for But no tribute to Mike would be com- the benefit of all Ohioans. When serv- plete without mentioning the work he TRIBUTE TO MICHAEL DAWSON ing the people of Ohio, Mike was the has done as my press secretary. Mike first to arrive in the morning and the ∑ Mr. VOINOVICH. Mr. President, I has a relationship with Ohio’s press last to leave at night, and it was a rise today to pay tribute to Michael corps and editorial writers that is leg- given that Mike was on-call 24 hours a Dawson, who, over the past 11 years, endary. All you would have to do, Mr. day, 7 days a week. has been my press secretary, one of my President, is ask any reporter who has Today, though, Mike’s responsibil- most trusted advisors, and a man covered my two terms as governor or ities are focused a little more closer to whose judgement has been a key com- my first two years in the Senate to home, and he and Laurel have decided ponent to my success, from the cam- find out what kind of a professional to go back to their roots and raise Will paign trail, to the Statehouse of Ohio Mike really is. in the Buckeye State. And while I am and to the Capitol of the United States. Throughout the entire time that he losing a valued member of my staff, I But most of all, Mike Dawson has been, has been my press secretary, Mike has take great comfort in the knowledge and will always be, my friend. always been accessible, always wiling that my friend Mike Dawson’s service I first got to know Michael in 1989, to go the extra mile to furnish the in- to the people of Ohio will continue. when I was pursuing the governorship formation that will make a reporter’s Mike has gone back to work for his of Ohio and he was working as a top job easier and he has made it a point to former boss and my very dear friend, aide to then-Congressman Mike be able to provide an answer to what- Senator MIKE DEWINE. I know that he DeWine during his campaign for Lieu- ever questions the press ask. If Mike will be successful in this new endeavor. tenant Governor. I was immediately does not know an answer, he will find I consider myself a better person and struck by his work ethic and his tenac- it, and he will make sure that he un- a better public servant for having the

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.030 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10711 opportunity to know Michael Dawson. engagements such as the Rhine cross- developing a state-of-the-art Career He has been a loyal friend and a sage ing are still unknown to many Ameri- Services Center and expanding intern- counselor whom I will truly miss.∑ cans. ship opportunities for students. Since the war, McConnell has worked He drew national attention for the tirelessly in support of veterans orga- Degree Partners Program, which is a TRIBUTE TO WILLIAM F.X. nizations. Shortly after returning from guaranteed four-year degree agreement McCONNELL the war he worked as a national service with students designed to save them ∑ Mr. HATCH. Mr. President, I rise officer with the Disabled American money as well as get skilled profes- today to honor a fellow Utahn, William Veterans. For 25 years, he served in the sionals into the job market quickly. He F.X. McConnell of Salt Lake City, a re- Veterans Administration Adjudication also initiated one of the first leader- markable man with a remarkable Division, in positions including senior ship scholar programs in the country, a story. I am not sure that in this retell- adjudicator, chairman of the rating four-year educational protocol de- ing I can do justice to his sacrifices or board, and adjudication officer. signed to help students develop ethical of those who fought along side of him For more than 40 years, he has been leadership skills they can apply in during World War II’s campaign for the the American Legion member in their professions. Rhine River. But, I think my col- charge of placing U.S. flags on graves Mr. Plachta oversaw significant up- leagues would be interested in this his- for Memorial Day. He has served as grading of classrooms and facilities tory and would like to join me in pay- past state commander in Utah of the during his tenure. This included new, ing tribute to the bravery of these Disabled American Veterans. He is the highly technological music and science men. founder of the Salt Lake City chapter buildings; new and renovated athletic In December 1944, Bill McConnell ar- and national service officer of the Mili- facilities; and a pending Library and rived in France and was assigned to the tary Order of the Purple Heart, where Information Services Center that will 168th Engineer Combat Battalion. he volunteers to help veterans with incorporate technology to link stu- Shortly thereafter, Bill McConnell and their disability claims. Clearly, he is dents with academic resources from his battalion fought in the terrible one who has helped many. around the world. Battle of the Bulge. His battalion There are thousands of World War II He also oversaw a complete reorga- paved the way for an allied victory by veterans just like Bill McConnell, who nization of CMU’s academic programs removing road blocks and tank traps, fought courageously for freedom. But, in order to increase interdepartmental building bridges under fire, and other William F.X. McConnell is one who cooperation and draw attention to the perilous assignments. But, these were happens to live in my home state. He University’s strengths. This reorga- not the most harrowing experiences to exemplifies the dedication of all Amer- nization included a new College of which McConnell was assigned. The ican soldiers, sailors, airmen, and ma- Communication and Fine Arts, a new worst was yet to come. rines—past, present, and future—who College of Health Professions, rede- McConnell and his battalion were have always been on watch to defend fined science programs through a new called to cross the Rhine River, an as- our country and its vital interests. College of Science and Technology, and sault as dangerous as it was important. Today, I want to thank Bill McCon- a revamped College of Business Admin- He was told that this would be a simple nell for his service in uniform and for istration, College of Education and assault, with plenty of support pro- his service to our nation’s veterans. Human Services, and College of Hu- vided. At 2:00 a.m. on March 26, 1945, he This stand as his own monument. I am manities and Social and Behavioral boarded a row boat to cross the Rhine pleased to call the Senate’s attention Sciences. River into Germany. During the cross- to his bravery in battle and to his One of the greatest accomplishments ing, a bank of lights on the German many contributions to veterans.∑ of his tenure, though, has been the side of the river were suddenly turned leadership role CMU has taken in on, spotlighting the American soldiers. terms of the chartering of public school German tracer bullets fell like deadly MR. LEONARD E. AND MRS. academies, charter schools. More than rain upon them. The promised support LOUISE A. PLACHTA DAY 17,000 K–12 students, approximately 50 from the American side never came. ∑ Mr. ABRAHAM. Mr. President, No- percent of whom are minorities or at While rowing, McConnell was hit in vember 11, 2000 is a very special day on risk children, are enrolled in 59 CMU- the wrist. Bleeding profusely, he con- the campus of Central Michigan Uni- licensed schools throughout the State tinued to row. Shortly thereafter, sev- versity in Mount Pleasant, MI. The day of Michigan, with families on waiting eral tracer bullets ripped through his has been proclaimed Mr. Leonard E. lists at nearly every school. In addi- thigh and knee. Continuing to row, he and Mrs. Louise A. Plachta Day, in tion, the national Charter Schools De- was hit a third time by an unidentified honor of the former President and velopment and Performance Institute, object on the side of his face and head. First Lady of the University. I rise housed at CMU, had its grand opening This blow knocked him into the water today to recognize this occasion and to earlier this year, on May 1, 2000. where he was miraculously saved by an pay tribute to the magnificent couple Mrs. Plachta has also greatly con- assault boat returning from the Ger- being honored. tributed to the CMU community. For man shore. Still without cover, the oc- The couple arrived in Mt. Pleasant in twelve years, she worked as a member cupants of the boat were forced to de- 1972 when Mr. Plachta took a job as of the clerical staff. She provided supe- bark and trudge through an active Professor of Accounting. He served as rior guidance and caring support to sewer line in order to escape the Ger- Assistant Dean of CMU’s College of nontraditional students as the non- man gunfire. Business Administration from 1977 to traditional student services liaison, For this act of bravery, Bill McCon- 1979, when he took over the position of which is a volunteer position. Her nell was awarded a well-deserved Pur- Dean. In January of 1992, he was ap- knowledge in this position came hon- ple Heart. In addition, he has been hon- pointed to serve as President of the estly, as she earned a master’s degree ored with the American Campaign University, and he served in this posi- herself as a nontraditional student. Medal, Good Conduct Medal, Distin- tion until his retirement in July of And, as First Lady, she has been a guished Unit Citation, European The- 2000. much-loved ambassador for CMU and ater of Operations with four battle Mr. Plachta’s 8-year tenure as Presi- an outstanding member of the Mount stars, and the Belgium Croix de Guerre dent stands as one of the most produc- Pleasant community, volunteering (War Cross). These medals stand as a tive stints in the history of the Univer- with numerous organizations and symbol of his dedication. sity. His financial restructuring of strongly supporting adult literacy pro- But, Bill McConnell’s battle since the CMU has allowed it to remain one of grams. war has been to keep this military his- the most affordable public universities Central Michigan University stands tory alive. While the battle at Rema- in the State of Michigan. He initiated a where it does today, poised for success gen and other locations during the war number of programs to give students in the 21st Century, in large part due to to defeat the Third Reich have been real-world experience to help prepare the efforts of Mr. and Mrs. Plachta. well-chronicled in books and on film, them for future employment, including They have worked together to bring

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.106 pfrm02 PsN: S18PT1 S10712 CONGRESSIONAL RECORD — SENATE October 18, 2000 about positive change not only for the tend the time period during which persons millimeter Array located on Mauna Kea at University, but also for the State of may file a complaint alleging the prepara- Hilo, Hawaii. Michigan, on many different fronts, tion of false inspection certificates at Hunts S. 2917. An act to settle the land claims of the Pueblo of Santo Domingo. and I thank them for their extraor- Point Terminal Market, Bronx, New York. H.R. 5016. An act to redesignate the facility S. 3201. An act to rename the National Mu- dinary efforts. On behalf of the entire of the United States Postal Service located seum American Art. United States Senate, I congratulate at 514 Express Center Drive in Chicago, Illi- The message further announced that Mr. Leonard E. and Louise A. Plachta nois, as the ‘‘J.T. Weeker Service Center.’’ the House has agreed to the following on having a day designated in their H.R. 5041. An act to establish the bound- concurrent resolution, without amend- honor, and I hope that they enjoy every aries and classification of a segment of the ment: Missouri River in Montana under the Wild minute of it.∑ S. Con. Res. 145. Concurrent resolution ex- and Scenic Rivers Act. pressing the sense of Congress on the pro- H.R. 5110. An act to designate the United priety and need for expeditious construction States courthouse located at 3470 12th Street MESSAGES FROM THE HOUSE of the National World War II Memorial at in Riverside, California, as the ‘‘George E. At 2:22 p.m., a message from the the Rainbow Pool on the National Mall in Brown, Jr. United States Courthouse.’’ the Nation’s Capital. House of Representatives, delivered by H.R. 5210. An act to designate the facility Mr. Hays, one of its reading clerks, an- of the United States Postal Service located The message also announced that the nounced that the House has passed the at 200 South George Street in York, Pennsyl- House has passed the bill (S. 1936) to following bills, in which it requests the vania, as the ‘‘George Atlee Goodling Post authorize the Secretary of Agriculture concurrence of the Senate: Office Building.’’ to sell or exchange all or part of cer- H.R. 5225. An act to revise the boundaries tain administrative sites and other Na- H.R. 460. An act to amend title 5, United of the Richmond National Battlefield Park States Code, to provide that the mandatory tional Forest System land in the State based on the findings of the Civil War Sites of Oregon and use the proceeds derived separation age for Federal firefighters be Advisory Committee and the National Park made the same as the age that applies with Service and to encourage cooperative man- from the sale or exchange for National respect to Federal law enforcement officers. agement, protection, and interpretation of Forest System purposes, with an H.R. 2570. An act to require the Secretary the resources associated with the Civil War amendment. of the Interior to undertake a study regard- and the Civil War battles in and around the The message also announced that the ing methods to commemorate the national city of Richmond, Virginia. House has agreed to the amendments of significance of the United States roadways H.R. 5302. An act to designate the United the Senate to the bill (H.R. 1444) to au- that comprise the Lincoln Highway, and for States courthouse located at 1010 Fifth Ave- thorize the Secretary of the Interior to other purposes. nue in Seattle, Washington, as the ‘‘William H.R. 3926. An act to amend the Illinois and establish a program to plan, design, Kenzo Nakamura United States Court- and construct fish screens, fish passage Michigan Canal National Heritage Corridor house.’’ Act of 1984 to increase the amount author- H.R. 5312. An act to amend the Controlled devices, and related features to miti- ized to be appropriated to the Illinois and Substances Act to protect children from gate adverse impacts associated with Michigan Canal National Heritage Corridor drug traffickers. irrigation system water diversions by Commission. H.R. 5398. An act to provide that land local governmental entities in the H.R. 4187. An act to assist the establish- which is owned by the Coushatta Tribe of States of Oregon, Washington, Mon- ment of an interpretive enter and museum in Louisiana but which is not held in trust by tana, Idaho, and California, with the vicinity of the Diamond Valley Lake in the United States for the Tribe may be amendments. southern California to ensure the protection leased or transferred by the Tribe without and interpretation of the paleontology dis- The message further announced that further approval by the United States. the House has agreed to the amend- coveries made at the lake and to develop a H.R. 5410. An act to establish revolving trail system for the lake for use by pedes- funding for the operation of certain pro- ment of the Senate to the bill (H.R. trians and nonmotorized vehicles. grams and activities of the Library of Con- 4788) to amend the United States Grain H.R. 4281. An act to establish, wherever gress, and for other purposes. Standards Act to extend the authority feasible, guidelines, recommendations, and of the Secretary of Agriculture to col- regulations that promote the regulatory ac- The message also announced that the House has passed the following bills, lect fees to cover the cost of services ceptance of new or revised scientifically performed under the Act, extend the valid toxicological tests that protect human without amendment: authorization of appropriations for and animal health and the environment S. 406. An act to amend the Indian Health while reducing, refining, or replacing animal Care Improvement Act to make permanent that Act, and improve the administra- tests and ensuring human safety and product the demonstration program that allows for tion of that Act, to reenact the United effectiveness. direct billing of medicare, medicaid, and States Warehouses used to store agri- H.R. 4312. An act to direct the Secretary of other third party payors, and to expand the cultural products and provide for the the Interior to conduct a study of the suit- eligibility under such program to other issuance of receipts, including elec- ability and feasibility of establishing an tribes and tribal organizations. tronic receipts, for agricultural prod- Upper Housatonic Valley National Heritage S. 1296. An act to designate portions of the ucts stored or handled in licensed ware- Area in the State of Connecticut and the lower Delaware River and associated tribu- houses, and for other purposes, with an Commonwealth of Massachusetts, and for taries as a component of the National Wild amendment. other purposes. and Scenic Rivers System. H.R. 4404. An act to permit the payment of S. 1705. An act to direct the Secretary of The message also announced that the medical expenses incurred by the United the Interior to enter into land exchanges to House has agreed to the amendment of States Park Police in the performance of acquire from the private owner and to con- the Senate to the bill (H.R. 209) to im- duty to be made directly by the National vey to the State of Idaho approximately 1,240 prove the ability of Federal agencies to Park Service, to allow for waiver and indem- acres of land near the City of Rocks National license federally owned inventions, nification in mutual law enforcement agree- Reserve, Idaho, and for other purposes. without amendment. ments between the National Park Service S. 1707. An act to amend the Inspector Gen- The message further announced that and a State or political subdivision when re- eral Act of 1978 (5 U.S.C. App.) to provide the House has agreed to the amend- quired by State law, and for other purposes. that certain designated Federal entities ments of the Senate to the amend- H.R. 4493. An act to establish grants for shall be establishments under such Act, and ments of the House to the bill (S. 1402) drug treatment alternative to prison pro- for other purposes. grams administered by State or local pros- S. 2102. An act to provide to the Timbisha to amend the United States Code, to ecutors. Shoshone Tribe a permanent land base with- enhance programs providing education H.R. 4521. An act to direct the Secretary of in its aboriginal homeland, and for other benefits for veterans, and for other pur- the Interior to authorize and provide funding purposes. poses, without amendment. for rehabilitation of the Going-to-the-Sun S. 2412. An act to amend title 49, United The message also announced that the Road in Glacier National Park, to authorize States Code, to authorize appropriations for House has agreed to the amendments of funds for maintenance of utilities related to the National Transportation Safety Board the Senate to the bill (H.R. 1695) to the Park, and for other purposes. for fiscal years 2000, 2001, 2002, and 2003, and provide for the conveyance of certain H.R. 4646. An act to designate certain Na- for other purposes. Federal public lands in the Ivanpah tional Forest System lands within the S. 2498. An act to authorize the Smithso- boundaries of the State of Virginia as wilder- nian Institute to plan, design, construct, and Valley, Nevada, to Clark County, Ne- ness areas. equip laboratory, administrative, and sup- vada, for the development of an airport H.R. 4965. An act to amend the Perishable port space to house base operations for the facility, and for other purposes, with- Agricultural Commodities Act, 1930, to ex- Smithsonian Astrophysical Observatory Sub- out amendment.

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.079 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10713 The message further announced that tem in the State of Montana, and for other H.R. 3292. An act to provide for the estab- the House has agreed to the amend- purposes. lishment of the Cat Island National Wildlife ment of the Senate to the bill (H.R. S. 2686. An act to improve service systems Refuge in West Feliciana Parish, Louisiana. for individuals with developmental disabil- H.R. 3468. An act to direct the Secretary of 2607) to promote the development of ities, and for other purposes. the Interior to convey certain water rights the commercial space transportation S. 1809. An act to amend chapter 36 of title to Duchesne City, Utah. industry, to authorize appropriations 39, United States Code, to modify rates relat- H.R. 3577. An act to increase the amount for the Office of the Associate Adminis- ing to reduced rate mail matter, and for authorized to be appropriated for the north trator for Commercial Space Transpor- other purposes. side pumping division of the Minidoka rec- tation, to authorize appropriations for H.R. 3986. An act to provide for a study of lamation project, Idaho. the engineering feasibility of a water ex- H.R. 3767. An act to amend the Immigra- the Office of Space Commercialization, tion and Nationality Act to make improve- and for other purposes, without amend- change in lieu of electrification of the Chan- dler Pumping Plant at Prosser Diversion ments to, and permanently authorize, the ment. Dam, Washington. visa waiver pilot program under section 217 The message also announced that the H.R. 34. An act to direct the Secretary of of such Act. House has agreed to the amendments of the Interior to make technical corrections to H.R. 3986. An act to provide for a study of the Senate to the bill (H.R. 3069) to au- a map relating to the Coastal Barrier Re- the engineering feasibility of a water ex- thorize the Administrator of General sources System. change in lieu of electrification of the Chan- H.R. 208. An act to amend title 5, United dler Pumping Plant at Prosser Diversion Services to provide for redevelopment Dam, Washingon. of the Southeast Federal Center in the States Code, to allow for the contribution of certain rollover distributions to accounts in H.R. 3995. An act to establish procedures governing the responsibilities of court-ap- District of Columbia, without amend- the Thrift Savings Plan, to eliminate certain pointed receivers who administer depart- ment. waiting-period requirements for partici- ments, offices, and agencies of the District of The message further announced that pating in the Thrift Savings Plan, and for the House has agreed to the amend- Columbia government. other purposes. H.R. 4002. An act to amend the Foreign As- H.R. 707. An act to amend the Robert T. ments of the Senate to the bill (H.R. sistance Act of 1961 to revise and improve Stafford Disaster Relief and Emergency As- 4850) to provide a cost-of-living adjust- provisions relating to famine prevention and ment in rates of compensation paid to sistance Act to authorize a program for freedom from hunger. veterans with service-connected dis- predisaster mitigation, to streamline the ad- H.R. 4259. An act to require the Secretary ministration of disaster relief, to control the of the Treasury to mint coins in commemo- abilities, to enhance programs pro- Federal costs of disaster assistance, and for viding compensation and life insurance ration of the National Museum of the Amer- other purposes. ican Indian of the Smithsonian Institution, benefits for veterans, and for other pur- H.R. 1654. An act to authorize appropria- and for other purposes. poses, without amendment. tions for the National Aeronautics and Space H.R. 4386. An act to amend title XIX of the The message also announced that the Administration for fiscal years 2000, 2001, and Social Security Act to provide medical as- House has agreed to the amendment of 2002, and for other purposes. sistance for certain women screened and the Senate to the bill (H.R. 4864) to H.R. 1715. An act to extend and reauthorize found to have breast or cervical cancer under the Defense Production Act of 1950. a federally funded screening program, to amend title 38, United States Code, to H.R. 2389. An act to restore stability and reaffirm and clarify the duty of the amend the Public Health Service Act and the predictability to the annual payments made Federal Food, Drug, and Cosmetic Act with Secretary of Veterans Affairs to assist to States and counties containing National respect to surveillance and information con- claimants for benefits under laws ad- Forest System lands and public domain cerning the relationship between cervical ministered by the Secretary, and for lands managed by the Bureau of Land Man- cancer and the human papillomavirus (HPV), other purposes, without amendment. agement for use by the counties for the ben- and for other purposes. The message further announced that efit of public schools, roads, and other pur- H.R. 4389. An act to direct the Secretary of the House disagreed to the amendment poses. the Interior to convey certain water dis- H.R. 2842. An act to amend chapter 89 of of the Senate to the bill (H.R. 4635) tribution facilities to the Northern Colorado title 5, United States Code, concerning the Water Conservancy District. making appropriations for the Depart- Federal Employees Health Benefits (FEHB) H.R. 4681. An act to provide for the adjust- ments of Veterans Affairs and Housing Program, to enable the Federal Government ment of status of certain Syrian nationals. and Urban Development, and for sun- to enroll an employee and his or her family H.R. 4828. An act to designate the Steens dry independent agencies, boards, com- in the FEHB Program when a State court or- Mountain Wilderness Area and the Steens missions, corporations, and offices for ders the employee to provide health insur- Mountain Cooperative Management and Pro- the fiscal year ending September 30, ance coverage for a child of the employee but tection Area in Harney County, Oregon, and for other purposes. 2001, and for other purposes, and agreed the employee fails to provide the coverage, and for other purposes. H.R. 5107. An act to make certain correc- to the conference asked by the Senate H.R. 2879. An act to provide for the place- tions in copyright law. on the disagreeing votes of the two ment at the Lincoln Memorial of a plaque H.R. 5417. An act to rename the Stewart B. Houses and appoints Mr. WALSH, Mr. commemorating the speech of Martin Luther McKinney Homeless Assistance Act as the DELAY, Mr. HOBSON, Mr. KNOLLENBERG, King, Jr., known as the ‘‘I Have A Dream’’ ‘‘McKinney-Vento Homeless Assistance Mr. FRELINGHUYSEN, Mrs. NORTHUP, Mr. speech. Act.’’ SUNUNU, Mr. GOODE, Mr. YOUNG of Flor- H.R. 2883. An act to amend the Immigra- The enrolled bills were signed subse- tion and Nationality Act to modify the pro- ida, Mr. MOLLOHAN, Ms. KAPTUR, Mrs. quently by the President pro tempore visions governing acquisition of citizenship (Mr. THURMOND). MEEK of Florida, Mr. PRICE of North by children born outside of the United Carolina, Mr. CRAMER, and Mr. OBEY, States, and other purposes. At 4:55 p.m., a message from the as the managers of the conference on H.R. 2984. An act to direct the Secretary of House of Representatives, delivered by the part of the House. the Interior, through the Bureau of Reclama- Ms. Niland, one of its reading clerks, The message also announced that tion, to convey to the Loup Basin Reclama- announced that the House has passed pursuant to provisions of section 206 of tion District, the Sargent River Irrigation the following bill, in which it requests the Juvenile Justice and Delinquency District, and the Farwell Irrigation District, the concurrence of the Senate: Prevention Act of 1974 (42 U.S.C. 5616), Nebraska, property comprising the assets of the Middle Loup Division of the Missouri H.R. 5308. An act to amend laws relating to the Speaker reappointed Mr. Gordon A. River Basin Project, Nebraska. the lands of the citizens of the Muscogee Martin of Roxbury, Massachusetts, on H.R. 3235. An act to improve academic and (Creek), Seminole, Cherokee, Chickasaw and the part of the House to the Coordi- social outcomes for youth and reduce both Choctaw Nations, historically referred to as nating Council on Juvenile Justice and juvenile crime and the risk that youth will the Five Civilized Tribes, and for other pur- Delinquency Prevention, to a 2-year become victims of crime by providing pro- poses. term. ductive activities conducted by law enforce- ment personnel during non-school hours. At 4:39 p.m., a message from the H.R. 3236. An act to authorize the Sec- EXECUTIVE AND OTHER House of Representatives, delivered by retary of the Interior to enter into contracts COMMUNICATIONS Ms. Niland, one of its reading clerks, with the Weber Basin Water Conservancy The following communications were District, Utah, to use Weber Basin Project announced that the Speaker has signed facilities for the impounding, storage, and laid before the Senate, together with the following enrolled bills: carriage of nonproject water for domestic, accompanying papers, reports, and doc- S. 624. An act to authorize construction of municipal, industrial, and other beneficial uments, which were referred as indi- the Fort Peck Reservation Rural Water Sys- purposes. cated:

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.096 pfrm02 PsN: S18PT1 S10714 CONGRESSIONAL RECORD — SENATE October 18, 2000 EC–11156. A communication from the Dep- Rate of Progress Plans’’ (FRL #6877–5) re- fice of Housing, Department of Housing and uty Associate Administrator of the Environ- ceived on October 13, 2000; to the Committee Urban Development, transmitting, pursuant mental Protection Agency, transmitting, on Environment and Public Works. to law, the report of a rule entitled ‘‘In- pursuant to law, the report of a rule entitled EC–11166. A communication from the Dep- creased Distributions to Owners of Certain ‘‘Tebuconazole; Extension of Tolerances for uty Associate Administrator, Environmental HUD-Assisted Multifamily Rental Projects’’ Emergency Exemptions’’ (FRL #6749–5) re- Protection Agency, transmitting, pursuant (RIN2502–AH46) (FR–4532–F–01) received on ceived on October 17, 2000; to the Committee to law, the report of a rule entitled ‘‘Ap- October 13, 2000; to the Committee on Bank- on Agriculture, Nutrition, and Forestry. proval and Promulgation of Implementation ing, Housing, and Urban Affairs. EC–11157. A communication from the Dep- Plans; State of Missouri; Designation of EC–11176. A communication from the Presi- uty Associate Administrator of the Environ- Areas for Air Quality Planning Purposes, dent and Chairman of the Export-Import mental Protection Agency, transmitting, Dent Township’’ (FRL #6885–6) received on Bank, transmitting, pursuant to law, a re- pursuant to law, the report of a rule entitled October 17, 2000; to the Committee on Envi- port relative to exports to Algeria; to the ‘‘Norflurazon; Extension of Tolerances for ronment and Public Works. Committee on Banking, Housing, and Urban Emergency Exemptions’’ (FRL #6748–2) re- EC–11167. A communication from the Dep- Affairs. ceived on October 17, 2000; to the Committee uty Associate Administrator, Environmental EC–11177. A communication from the Presi- on Agriculture, Nutrition, and Forestry. Protection Agency, transmitting, pursuant dent and Chairman of the Export-Import EC–11158. A communication from the Dep- to law, the report of a rule entitled ‘‘Ap- Bank, transmitting, pursuant to law, a re- uty Associate Administrator of the Environ- proval and Promulgation of Implementation port relative to exports to Uzbekistan; to the mental Protection Agency, transmitting, Plans; Virginia; Approval of Removal of tSP Committee on Banking, Housing, and Urban pursuant to law, the report of a rule entitled Ambient Air Quality Standards’’ (FRL #6887– Affairs. ‘‘Zinc Phosphide; Extension of Tolerances for 7) received on October 17, 2000; to the Com- EC–11178. A communication from the As- Emergency Exemptions’’ (FRL #6748–1) re- mittee on Environment and Public Works. sistant Secretary for Export Administration, ceived on October 17, 2000; to the Committee EC–11168. A communication from the Dep- Office of Strategic Industries and Economic on Agriculture, Nutrition, and Forestry. uty Associate Administrator, Environmental Security, Bureau of Export Administration, EC–11159. A communication from the Con- Protection Agency, transmitting, pursuant transmitting, pursuant to law, the report of gressional Review Coordinator, Animal and to law, the report of a rule entitled ‘‘Ap- a rule entitled ‘‘Effect of Imported Articles Plant Health Inspection Service, Department proval and Promulgation of Implementation on the National Security’’ (RIN0694–AC07) re- of Agriculture, transmitting, pursuant to Plans; Maryland; Nitrogen Oxides Budget ceived on October 13, 2000; to the Committee law, the report of rule entitled ‘‘Citrus Can- Program’’ (FRL #6878–4) received on October on Banking, Housing, and Urban Affairs. ker; payments for Commercial Citrus Tree 17, 2000; to the Committee on Environment EC–11179. A communication from the As- Replacement’’ (Docket No. 00–037–1) received and Public Works. sistant Secretary for Export Administration, EC–11169. A communication from the Dep- on October 17, 2000; to the Committee on Ag- Office of Strategic Industries and Economic uty Associate Administrator, Environmental riculture, Nutrition, and Forestry. Security, Bureau of Export Administration, Protection Agency, transmitting, pursuant EC–11160. A communication from the Dep- transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘Ap- uty General Counsel, Small Business Admin- a rule entitled ‘‘Revisions to Encryption proval and Promulgation of Implementation istration, transmitting, pursuant to law, the Items’’ (RIN0694–AC32) received on October Plans; Colorado and Utah; 1996 Periodic Car- report of a rule entitled ‘‘8(a) Business De- 13, 2000; to the Committee on Banking, Hous- bon Monoxide Emission Inventories’’ (FRL velopment/Small Disadvantaged Business ing, and Urban Affairs. #6889–2) received on October 17, 2000; to the Status Determination; Rule of Procedure EC–11180. A communication from the Com- Committee on Environment and Public Governing Cases Before the Office of Hear- missioner of Social Security, transmitting, Works. ings and Appeals’’ (RIN 3245–AE60) received EC–11170. A communication from the Dep- pursuant to law, a report relative to the on October 17, 2000; to the Committee on uty Associate Administrator, Environmental processing of continuing disability reviews Small Business. Protection Agency, transmitting, pursuant (CDR) for fiscal year 1999; to the Committee EC–11161. A communication from the Di- to law, the report of a rule entitled ‘‘Ap- on Finance. rector of the Regulations Policy and Man- proval and Promulgation of Implementation EC–11181. A communication from the Chief agement Staff, Department of Health and Plans; Texas; Water Heaters, Small Boilers, of the Regulations Unit, Internal Revenue Human Services, transmitting, pursuant to and Process Heaters; Agreed Orders; Major Service, Department of Treasury, transmit- law, the report of a rule entitled ‘‘Listing of Stationary Sources of Nitrogen Oxides in the ting, pursuant to law, the report of a rule en- Color Additives Exempt From Certification; Beaumont/Port Arthur Ozone Nonattain- titled ‘‘July-September 2000 Bond Factor Luminescent Zinc Sulfide; Confirmation of ment Area’’ (FRL #6886–1) received on Octo- Amounts’’ (Revenue Ruling 2000–48) received Effective Date’’ (Docket No. 97C–0415) re- ber 17, 2000; to the Committee on Environ- on October 16, 2000; to the Committee on Fi- ceived on October 17, 2000; to the Committee ment and Public Works. nance. on Health, Education, Labor, and Pensions. EC–11171. A communication from the Act- EC–11182. A communication from the Chief EC–11162. A communication from the Di- ing Director of the Fish and Wildlife Service, of the Regulations Unit, Internal Revenue rector of the Regulations Policy and Man- Department of the Interior, transmitting, Service, Department of Treasury, transmit- agement Staff, Department of Health and pursuant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- Human Services, transmitting, pursuant to ‘‘Endangered and Threatened Wildlife and titled ‘‘Preparer Due Diligence Require- law, the report of a rule entitled ‘‘Listing of Plants; Final Determination of Critical ments for Determining Earned Income Cred- Color Additives Exempt From Certification; Habitat for the San Diego Fairy Shrimp it Eligibility’’ (RIN1545–AW74, TD 8905) re- Phaffia Yeast; Confirmation of Effective (Branchinecta sandiegoensis)’’ (RIN1018– ceived on October 16, 2000; to the Committee Date’’ (Docket No. 97C–0466) received on Oc- AF97) received on October 17, 2000; to the on Finance. tober 17, 2000; to the Committee on Health, Committee on Environment and Public EC–11183. A communication from the Pro- Education, Labor, and Pensions. Works. gram Manager, Bureau of Alcohol, Tobacco EC–11163. A communication from the Di- EC–11172. A communication from the Di- and Firearms, Department of Treasury, rector of the Regulations Policy and Man- rector of the Fish and Wildlife Service, De- transmitting, pursuant to law, the report of agement Staff, Department of Health and partment of the Interior, transmitting, pur- a rule entitled ‘‘Labeling of Flavored Wine Human Services, transmitting, pursuant to suant to law, the report of a rule entitled Products’’ (RIN1512–AB86) received on Octo- law, the report of a rule entitled ‘‘Listing of ‘‘Endangered and Threatened Wildlife and ber 17, 2000; to the Committee on Finance. Color Additives Exempt From Certification; Plants; Final Determination of Critical EC–11184. A communication from the Dis- Haematococcus Algae Meal; Confirmation of Habitat for the Coastal California trict of Columbia Auditor, transmitting, pur- Effective Date’’ (Docket No. 98C–0212) re- Gnatcatcher’’ (RIN1018–AF32) received on Oc- suant to law, a report entitled ‘‘Audit of the ceived on October 17, 2000; to the Committee tober 17, 2000; to the Committee on Environ- Advisory Neighborhood Commission 3B for on Health, Education, Labor, and Pensions. ment and Public Works. the period October 1, 1997 through December EC–11164. A communication from the Dep- EC–11173. A communication from the As- 31, 1999’’; to the Committee on Governmental uty Associate Administrator, Environmental sistant Secretary of State (Legislative Af- Affairs. Protection Agency, transmitting, pursuant fairs), transmitting, pursuant to law, a re- EC–11185. A communication from the Dep- to law, the report of a rule entitled ‘‘Ap- port relative to Nonproliferation and Disar- uty Archivist, National Archives and proval and Promulgation of Air Quality Im- mament Fund (NDF) activities; to the Com- Records Administration, transmitting, pur- plementation Plans; Connecticut; Changes to mittee on Foreign Relations. suant to law, the report of a rule entitled Various VOC Regulations’’ (FRL #6886–5) re- EC–11174. A communication from the As- ‘‘NARA Reproduction Fee Schedule’’ ceived on October 13, 2000; to the Committee sistant Secretary of State (Legislative Af- (RIN3095–AA87) received on October 13, 2000; on Environment and Public Works. fairs), transmitting, pursuant to law, the re- to the Committee on Governmental Affairs. EC–11165. A communication from the Dep- port of the transmittal of the certification of EC–11186. A communication from the Exec- uty Associate Administrator, Environmental the proposed issuance of an export license to utive Director of the Federal Retirement Protection Agency, transmitting, pursuant Algeria and Israel; to the Committee on For- Thrift Investment Board, transmitting, pur- to law, the report of a rule entitled ‘‘Ap- eign Relations. suant to law, a report relative to the year proval and Promulgation of Air Quality Im- EC–11175. A communication from the As- 2000 commercial activities inventory; to the plementation Plans; Connecticut; Post-1996 sistant General Counsel for Regulations, Of- Committee on Governmental Affairs.

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.093 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10715 EC–11187. A communication from the Sec- tion, Department of Transportation, trans- ministrative Law, United States Coast retary of the Air Force, transmitting, pursu- mitting, pursuant to law, the report of a rule Guard, Department of Transportation, trans- ant to law, a report relative to the B–1B De- entitled ‘‘Advanced Qualification Program; mitting, pursuant to law, the report of a rule fensive System Upgrade Program (DSUP); to docket no. FAA–2000–7497 [10–10/10–16]’’ entitled ‘‘Allowing Alternative Source to In- the Committee on Armed Services. (RIN2120–AH01) (2000–0002) received on Octo- candescent Light in Private Aids to Naviga- EC–11188. A communication from the ber 16, 2000; to the Committee on Commerce, tion (USCG–2000–7466)’’ (RIN2115–AF98) (2000– Under Secretary of Defense, transmitting, Science, and Transportation. 0001) received on October 16, 2000; to the pursuant to law, a report relative to the fis- EC–11198. A communication from the Pro- Committee on Commerce, Science, and cal year 2000 commercial activities; to the gram Analyst, Federal Aviation Administra- Transportation. Committee on Armed Services. tion, Department of Transportation, trans- EC–11206. A communication from the Act- EC–11189. A communication from the As- mitting, pursuant to law, the report of a rule ing Chief of the Office of Regulations and Ad- sistant Secretary of Indian Affairs, Depart- entitled ‘‘Commercial Air Tour Limitations ministrative Law, United States Coast ment of the Interior, transmitting, pursuant in the GCNPSFRA; Modification of the Di- Guard, Department of Transportation, trans- to law, the report of a rule entitled ‘‘25 CFR mensions of the GCNPFRA and FFZone; Dis- mitting, pursuant to law, the report of a rule Part 20, Financial Assistance and Social position of a request for stay of compl. date; entitled ‘‘Traffic Separation Scheme; In the Services Programs’’ (RIN1076–AD95) received [10–11/10–16]’’ (RIN2120–ZZ30) received on Oc- Approaches to Los Angeles-Long Beach, Cali- on October 13, 2000; to the Committee on In- tober 16, 2000; to the Committee on Com- fornia (USCG–2000–7695)’’ (RIN2115–AF99) re- dian Affairs. merce, Science, and Transportation. ceived on October 16, 2000; to the Committee EC–11190. A communication from the As- EC–11199. A communication from the Act- on Commerce, Science, and Transportation. sistant Secretary for Land and Minerals ing Chief of the Office of Regulations and Ad- EC–11207. A communication from the Act- Management, Department of the Interior, ministrative Law, United States Coast ing Chief of the Office of Regulations and Ad- transmitting, pursuant to law, the report of Guard, Department of Transportation, trans- ministrative Law, United States Coast a rule entitled ‘‘Amendments to Gas Valu- mitting, pursuant to law, the report of a rule Guard, Department of Transportation, trans- ation Regulations for Indian Leases (MT and entitled ‘‘Safety/Security Zone Regulations; mitting, pursuant to law, the report of a rule ND time limits)’’ (RIN1010–AC72) received on Strategic Booming Exercise in the Cape May entitled ‘‘Technical Amendments; Organiza- October 16, 2000; to the Committee on Indian Harbor, Cape May, NJ’’ (CGD05–00–047)’’ tional Changes; Miscellaneous Editorial Affairs. (RIN2115–AA97) (2000–0086) received on Octo- Changes and Conforming Amendments EC–11191. A communication from the At- ber 16, 2000; to the Committee on Commerce, (USCG–2000–7790)’’ (RIN2115–ZZ02) (2000–0002) torney-Advisor, National Highway Traffic Science, and Transportation. received on October 16, 2000; to the Com- Safety Administration, Department of EC–11200. A communication from the Act- mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to ing Chief of the Office of Regulations and Ad- tation. law, the report of a rule entitled ‘‘Repeat In- ministrative Law, United States Coast EC–11208. A communication from the Act- toxicated Driver Laws’’ (RIN2127–AH47) re- Guard, Department of Transportation, trans- ing Secretary of the Bureau of Consumer ceived on October 13, 2000; to the Committee mitting, pursuant to law, the report of a rule Protection, Federal Trade Commission, on Commerce, Science, and Transportation. entitled ‘‘Safety/Security Zone Regulations; transmitting, pursuant to law, the report of EC–11192. A communication from the Pro- Thunderbird Air Show, Long Island Sound, a rule entitled ‘‘Appliance Labeling Rule, 16 gram Analyst, Federal Aviation Administra- Governor Alfred E. Smith/Sunken Meadow C.F.R. Part 305’’ (RIN3084–AA74) received on tion, Department of Transportation, trans- State Park, Kings Park, NY’’ (CGD01–00– October 17, 2000; to the Committee on Com- mitting, pursuant to law, the report of a rule 224)’’ (RIN2115–AA97) (2000–0087) received on merce, Science, and Transportation. entitled ‘‘Airworthiness Directives: General October 16, 2000; to the Committee on Com- EC–11209. A communication from the Ad- Electric Company CF6 Turbofan Engines; merce, Science, and Transportation. ministrator, Federal Aviation Administra- Docket no. 2000–NE–38 [10–2/10–16]’’ (RIN2120– EC–11201. A communication from the Act- tion, Department of Transportation, trans- AA64) (2000–0483) received on October 16, 2000; ing Chief of the Office of Regulations and Ad- mitting, pursuant to law, a report on the Ap- to the Committee on Commerce, Science, ministrative Law, United States Coast plication of New Standards or Technologies and Transportation. Guard, Department of Transportation, trans- to Reduce Aircraft Noise Levels; to the Com- EC–11193. A communication from the Pro- mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- entitled ‘‘Special Anchorage Areas/Anchor- tation. tion, Department of Transportation, trans- age Grounds Regulations; Delaware Bay and mitting, pursuant to law, the report of a rule River’’ (CGD05–00–048)’’ (RIN2115–AA98) (2000– entitled ‘‘Standard Instrument Approach 0007) received on October 16, 2000; to the Procedures; Miscellaneous Amendments (88); Committee on Commerce, Science, and amdt. no. 2013; [10–5/10–16]’’ (RIN2120–AA65) Transportation. REPORTS OF COMMITTEES (2000–0051) received on October 16, 2000; to the EC–11202. A communication from the Act- The following reports of committees Committee on Commerce, Science, and ing Chief of the Office of Regulations and Ad- were submitted: Transportation. ministrative Law, United States Coast By Mr. JEFFORDS, from the Committee EC–11194. A communication from the Pro- Guard, Department of Transportation, trans- on Health, Education, Labor, and Pensions, gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule with amendments: tion, Department of Transportation, trans- entitled ‘‘Drawbridge Regulations; Milford S. 2731: A bill to amend title III of the Pub- mitting, pursuant to law, the report of a rule Haven, Virginia’’ (CGD05–00–042)’’ (RIN2115– lic Health Service Act to enhance the Na- entitled ‘‘Standard Instrument Approach AE47) (2000–0049) received on October 16, 2000; tion’s capacity to address public health Procedures; Miscellaneous Amendments (38); to the Committee on Commerce, Science, threats and emergencies (Rept. No. 106–505). amdt. No. 2012; [10–5/10–16]’’ (RIN2120–AA65) and Transportation. (2000–0052) received on October 16, 2000; to the EC–11203. A communication from the Act- By Mr. CAMPBELL, from the Committee Committee on Commerce, Science, and ing Chief of the Office of Regulations and Ad- on Indian Affairs: Transportation. ministrative Law, United States Coast Report to accompany S. 2917, a bill to set- EC–11195. A communication from the Pro- Guard, Department of Transportation, trans- tle the land claims of the Pueblo of Santo gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Domingo (Rept. No. 106–506). tion, Department of Transportation, trans- entitled ‘‘Drawbridge Regulations; Florida mitting, pursuant to law, the report of a rule East Coast Railway Bridge, Across the Okee- entitled ‘‘Service Difficulty Reports; tech- chobee Waterway, Mile 7.4, at Stuart, Martin nical amendment; Docket No. 28293’’ County, FL (CGD07–00–097)’’ (RIN2115–AE47) EXECUTIVE REPORT OF (RIN2120–AF71) (2000–0002) received on Octo- (2000–0050) received on October 16, 2000; to the COMMITTEE ber 16, 2000; to the Committee on Commerce, Committee on Commerce, Science, and The following executive report of Science, and Transportation. Transportation. EC–11196. A communication from the Pro- EC–11204. A communication from the Act- committee was submitted: gram Analyst, Federal Aviation Administra- ing Chief of the Office of Regulations and Ad- By Mr. MCCAIN for the Committee on tion, Department of Transportation, trans- ministrative Law, United States Coast Banking, Housing, and Urban Affairs. mitting, pursuant to law, the report of a rule Guard, Department of Transportation, trans- Marjory E. Searing, of Maryland, to be As- entitled ‘‘Fees for Air Traffic Services for mitting, pursuant to law, the report of a rule sistant Secretary of Commerce and Director Certain Flights Through U.S.-Controlled Air- entitled ‘‘Drawbridge Regulations; CSX Rail- General of the United States and Foreign space and for Aeronautical Studies; exten- road Bridge (South Fork of the New River), Commercial Service. sion of comment period; interim final rule; Ft. Lauderdale, Broward County, FL’’ (The above nomination was reported docket no. FAA–00–7018; [10–6/10–16]’’ (CGD07–00–092)’’ (RIN2115–AE47) (2000–0051) with the recommendation that it be (RIN2120–AG17) (2000–0003) received on Octo- received on October 16, 2000; to the Com- confirmed subject to the nominee’s ber 16, 2000; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- Science, and Transportation. tation. commitment to respond to requests to EC–11197. A communication from the Pro- EC–11205. A communication from the Act- appear and testify before any duly con- gram Analyst, Federal Aviation Administra- ing Chief of the Office of Regulations and Ad- stituted committee of the Senate.)

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.093 pfrm02 PsN: S18PT1 S10716 CONGRESSIONAL RECORD — SENATE October 18, 2000 INTRODUCTION OF BILLS AND killed or wounded in the terrorist bombing municipalities. These advisory groups JOINT RESOLUTIONS attack on that vessel in Aden, Yemen, on Oc- developed a Connecticut River Corridor tober 12, 2000, expressing the sympathies of The following bills and joint resolu- Management Plan. A major portion of the Senate to the families of those crew the plan focuses on channeling federal tions were introduced, read the first members, commending the ship’s crew for and second times by unanimous con- their heroic damage control efforts, and con- funds to local communities to imple- sent, and referred as indicated: demning the bombing of that ship; consid- ment water quality programs, nonpoint source pollution controls and other en- By Mr. SMITH of New Hampshire (for ered and agreed to. himself, Mr. GREGG, Mr. LEAHY, and By Ms. SNOWE (for herself, Mr. vironmental projects. Over the last ten C AIN OBB NHOFE Mr. JEFFORDS): M C , Mr. R , Mr. I , Mr. years, the Connecticut River Joint S. 3212. A bill to authorize the Secretary of THURMOND, Mr. BOND, Ms. LANDRIEU, Commission has fostered widespread the Interior to provide assistance in imple- Mr. ROBERTS, Mr. SANTORUM, Mr. participation and laid a strong founda- menting cultural heritage, conservation, and HUTCHINSON, Mr. REED, Mr. tion of community and citizen involve- LIEBERMAN, Mr. LEVIN, Mr. KENNEDY, recreational activities in the Connecticut ment. River watershed of the States of New Hamp- and Mrs. FEINSTEIN): S. Res. 379. A resolution memorializing the As a Senator from New Hampshire shire and Vermont; to the Committee on En- and chairman of the Environment and ergy and Natural Resources. sailors of the Navy lost in the attack on the By Mr. ALLARD (for himself and Mr. U.S.S. Cole (DDG–67) in the port of Aden, Public Works Committee, as well as CRAPO): Yemen, on October 12, 2000; extending condo- someone who enjoys the beauty of the S. 3213. A bill to amend the Internal Rev- lences to their families and other loved ones; Connecticut river, I am proud to be the enue Code of 1986 to allow an individual to extending sympathy to the members of the principal author and cosponsor of this designate $3 or more on their income tax re- crew of that vessel who were injured in the locally led, voluntary effort that ac- attack and commending the entire crew for turn to be used to reduce the public debt; to complishes real environmental the Committee on Finance. its performance and professionalism in sav- ing the U.S.S. Cole; considered and agreed to. progress. Too often we depend on bu- By Mr. GREGG (for himself, Mr. HAR- reaucratic federal regulatory programs KIN, and Mr. KENNEDY): S. 3214. A bill to amend the Assets for Inde- to accomplish environmental success. pendence Act (Title IV of the Community STATEMENTS ON INTRODUCED This bill takes a different approach and Opportunities, Accountability, and Training BILLS AND JOINT RESOLUTIONS one that I bet will achieve greater re- and Educational Services Act of 1998) to en- sults on the ground. I hope that other By Mr. SMITH of New Hampshire hance program flexibility, and for other pur- communities and neighboring states (for himself, Mr. GREGG, Mr. poses; to the Committee on Health, Edu- will look at this model as an example LEAHY, and Mr. JEFFORDS): cation, Labor, and Pensions. of how to develop and implement true S. 3212. A bill to authorize the Sec- By Mr. HARKIN: voluntary, on the ground, locally-led S. 3215. A bill to amend the Public Health retary of the Interior to provide assist- Service Act to reauthorize women’s health environmental programs. ance in implementing cultural herit- I want to thank my colleague from research award programs conducted through age, conservation, and recreational ac- New Hampshire, Senator GREGG, and the National Institutes of Health; to the tivities in the Connecticut River wa- Committee on Health, Education, Labor, and the two distinguished Senators of tershed of the States of New Hampshire Pensions. Vermont, Senators LEAHY and JEF- and Vermont; to the Committee on En- By Mr. CRAIG (for himself and Mr. FORDS, for joining me as original co- BAUCUS): ergy and Natural Resources. sponsors to this legislation. I look for- S. 3216. A bill to provide for review in the UPPER CONNECTICUT RIVER PARTNERSHIP ACT ward to working with them as we move Court of International Trade of certain de- OF 2000 terminations of binational panels under the this important legislation through the Mr. SMITH of New Hampshire. Mr. Senate. North American Free Trade Agreement; to President, I am pleased to introduce the Committee on Finance. Mr. President, I ask unanimous con- By Mr. MACK (for himself and Mr. the Upper Connecticut River Partner- sent that the text of the bill be printed BROWNBACK): ship Act of 2000. This legislation is a in the RECORD. S. 3217. A bill to amend the Internal Rev- truly locally-led initiative. I believe it There being no objection, the bill was enue Code of 1986 to provide for individuals will result in great environmental ben- ordered to be printed in the RECORD, as who are residents of the District of Columbia efits for the Connecticut River. follows: a maximum rate of tax of 15 percent on in- The Connecticut River forms the bor- S. 3212 come from sources within the District of Co- der to New Hampshire and Vermont Be it enacted by the Senate and House of Rep- lumbia, and for other purposes; to the Com- and provides for a great deal of rec- mittee on Finance. resentatives of the United States of America in reational and tourism opportunities for By Mr. MCCONNELL: Congress assembled, S. 3218. A bill to amend the Clean Air Act residents of both States. This legisla- SECTION 1. SHORT TITLE. to exclude beverage alcohol compounds emit- tion takes a major step forward in This Act may be cited as the ‘‘Upper Con- ted from aging warehouses from the defini- making sure this River continues to necticut River Partnership Act’’. tion of volatile organic compounds; to the thrive as a treasured resource. SEC. 2. FINDINGS AND PURPOSE. Committee on Environment and Public To understand just how significant (a) FINDINGS.—Congress finds that— Works. this legislation is, I would like to share (1) the upper Connecticut River watershed with my colleagues some history about in the States of New Hampshire and Vermont is a scenic region of historic vil- SUBMISSION OF CONCURRENT AND the Connecticut River program. In lages located in a working landscape of SENATE RESOLUTIONS 1987–88, New Hampshire and Vermont farms, forests, and the mountainous head- each created a commission to address The following concurrent resolutions waters and broad fertile floodplains of New environmental issues facing the Con- England’s longest river, the Connecticut and Senate resolutions were read, and necticut river valley. The commissions River; referred (or acted upon), as indicated: were established to coordinate water (2) the River provides outstanding fish and By Mr. WARNER (for himself, Mr. quality and various other environ- wildlife habitat, recreation, and hydropower LEVIN, Mr. THURMOND, Mr. KENNEDY, mental efforts along the Connecticut generation for the New England region; Mr. MCCAIN, Mr. BYRD, Mr. SMITH of (3) the upper Connecticut River watershed New Hampshire, Mr. ROBB, Mr. river valley. The two commissions has been recognized by Congress as part of INHOFE, Mr. LIEBERMAN, Mr. came together in 1990 to form the Con- the Silvio 0. Conte National Fish and Wild- SANTORUM, Mr. CLELAND, Ms. SNOWE, necticut River Joint Commission. The life Refuge, established by the Silvio O. Ms. LANDRIEU, Mr. ROBERTS, Mr. Joint Commission has no regulatory Conte National Fish and Wildlife Refuge Act REED, Mr . ALLARD, Mr. HUTCHINSON, authority, but carries out cooperative (16 U.S.C. 668dd note; Public Law 102–212); Mr. SESSIONS, Mr. BOND, Mr. BINGA- education and advisory activities. (4) the demonstrated interest in steward- MAN, Mrs. HUTCHISON, Mr. SARBANES, To further the local influence of the ship of the River by the citizens living in the Ms. MIKULSKI, Mr. KERRY, Mr. MIL- Commission, the Connecticut River watershed led to the Presidential designa- LER, Mr. EDWARDS, Mr. VOINOVICH, tion of the River as 1 of 14 American Herit- Mr. WELLSTONE, and Mrs. FEINSTEIN): Joint Commission established five ad- age Rivers on July 30, 1998; S. Res. 378. A resolution honoring the visory bi-state local river subcommit- (5) the River is home to the bistate Con- members of the crew of the guided missile tees comprised of representatives nom- necticut River Scenic Byway, which will fos- destroyer U.S.S. Cole (DDG–67) who were inated by the governing body of their ter heritage tourism in the region;

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.101 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10717 (6) each of the legislatures of the States of (B) managing and treating stormwater wants and needs. I am concerned that Vermont and New Hampshire has established runoff; we are talking too much about spend a commission for the Connecticut River wa- (7) in cooperation with dam owners— today and not enough about the con- tershed, and the 2 commissions, known col- (A) evaluating the decommissioning of un- sequences of tomorrow. As we conclude lectively as the ‘‘Connecticut River Joint economic dams in the watershed; and Commissions’’— (B) restoring natural riverine habitat; the appropriations process, it is appar- (A) have worked together since 1989; and (8) protecting and restoring the habitat of ent that many Members of this body (B) serve as the focal point for cooperation native trout, anadromous fisheries, and are eager to transform the Federal between Federal agencies, States, commu- other outstanding fish and wildlife resources; budget surplus into new Federal spend- nities, and citizens; (9) encouraging new and improved markets ing, creating more Federal programs (7) in 1997, as directed by the legislatures, for local agricultural products; that will begat future obligations. the Connecticut River Joint Commissions, (10) encouraging the protection of farm I am primarily concerned that efforts with the substantial involvement of 5 bistate land and economically sustainable agri- to recklessly spend every nickel of the local river subcommittees appointed to rep- culture; taxpayers’ money will threaten the resent riverfront towns, produced the 6-vol- (11) developing and promoting locally long-term fiscal health of our Nation, ume Connecticut River Corridor Manage- planned, approved, and managed networks of ment Plan, to be used as a blueprint in edu- heritage trails and water trails in the River the Nation our children and grand- cating agencies, communities, and the public valley; children will inherit. The majority of in how to be good neighbors to a great river; (12) coordinating and fostering opportuni- my colleagues on this side of the aisle (8) this year, by Joint Legislative Resolu- ties for heritage tourism and agritourism are focusing on returning the surplus tion, the legislatures have requested that through the Connecticut River Scenic to its rightful owners—the American Congress provide for continuation of cooper- Byway; people. ative partnerships and support for the Con- (13) demonstrating economic development In recent months, the current admin- necticut River Joint Commissions from the based on heritage tourism; istration has taken a hardline against New England Federal Partners for Natural (14) supporting local stewardship; tax cuts, making it clear that the Resources, a consortium of Federal agencies, (15) strengthening nonregulatory protec- President believes the Federal budget in carrying out recommendations of the Con- tion of heritage resources; necticut River Corridor Management Plan; (16) encouraging the vitality of historically surplus belongs to Washington and not (9) this Act effectuates certain rec- compact village and town centers; the hard-working men and women who ommendations of the Connecticut River Cor- (17) establishing indicators of sustain- send far more money to the Internal ridor Management Plan that are most appro- ability; and Revenue Service than they often save priately directed by the States through the (18) monitoring the impact of increased for retirement, college, or for buying a Connecticut River Joint Commissions, with tourism and recreational use on natural and home. assistance from the National Park Service historic resources. I find it frustrating and the height of and United States Fish and Wildlife Service; SEC. 5. AUTHORIZATION OF APPROPRIATIONS. arrogance to assume that the Federal and There are authorized to be appropriated Government can do more with this (10) where implementation of those rec- such sums as are necessary to carry out this money than the taxpayers. So many of ommendations involves partnership with Act. local communities and organizations, sup- my Republican colleagues have such a port for the partnership should be provided By Mr. ALLARD (for himself and profound conviction regarding return- by the Secretary. Mr. CRAPO): ing the money to the working man and (b) PURPOSE.—The purpose of this Act is to S. 3213. A bill to amend the Internal woman that, in fact, they have been authorize the Secretary to provide to the Revenue Code of 1986 to allow an indi- hesitant to engage in development of a States of New Hampshire and Vermont (in- comprehensive long-term debt repay- cluding communities in those States), vidual to designate $3 or more on their income tax return to be used to reduce ment plan. through the Connecticut River Joint Com- I have come to the floor before, and I missions, technical and financial assistance the public debt; to the Committee on for management of the River. Finance. will come to the floor again, to make clear what is required to manage the SEC. 3. DEFINITIONS. TAXPAYERS CHOICE DEBT REDUCTION ACT national debt in a comprehensive re- In this Act: Mr. ALLARD. Mr. President, I have payment strategy. The sheer enormity (1) RIVER.—The term ‘‘River’’ means the introduced S. 3213. I want to take a few of the national debt demands such dili- Connecticut River. moments to talk about this important (2) SECRETARY.—The term ‘‘Secretary’’ gence. I admit that I have no desire to piece of legislation for paying down the means the Secretary of the Interior. increase the growth of the Federal national debt. (3) STATE.—The term ‘‘State’’ means— Government instead of paying down As the 106th Congress comes to an (A) the State of New Hampshire; or the debt. I am, as many of my col- end, I rise to make a few comments on (B) the State of Vermont. leagues, however, personally com- the evolution of an issue of great con- SEC. 4. ASSISTANCE FOR STATES. mitted to cutting taxes. The Secretary of the Interior may provide cern to myself and to many Americans. I have come to the floor today for no to the States, through the Connecticut River The issue is the $5,661,548,045,674 na- other reason than to make one thing Joint Commissions, technical and financial tional debt we had as of October 2, 2000. assistance in managing the River, including crystal clear: We can pay down the In August of 1993, while serving in debt and cut taxes. It is not an either/ assistance in— the House of Representatives, I intro- (1) developing a joint policy for water qual- or proposition. It takes planning, and ity, flow management, and recreational duced House Joint Resolution 251 with it takes commitment. It takes a plan boating for the portion of the River that is the support of a number of my col- to repay the debt and a commitment to common to the States; leagues. The intention of this resolu- cut taxes and the discipline to refrain (2) developing protection plans for water tion was to amend the Constitution of from pouring ever more money into quality in the tributaries that flow into the the United States to provide for budg- newer or larger programs. River; etary reform by requiring the reduc- At the end of fiscal year 1999, the (3) developing a coordinated, collaborative tion of the deficit, a balanced Federal gross Federal budget was approach on the part of the States for moni- budget, and the repayment of the na- toring the quality of the River for human $5,656,270,901,615 and at the end of fiscal use and ecological health; tional debt. During my years in the year 2000, the gross Federal budget was (4) restoring and protecting priority river- House, I had the good fortune to work $5,674,178,209,886. banks to improve water quality and aquatic with many Republican colleagues who Our past fiscal irresponsibilities have and riparian habitat; were committed to these fiscally sound created this overwhelming mess, and (5) encouraging and assisting communities, and enormously important issues. an unpleasant task lies before us. For farmers, and other riverfront landowners Today, a scant 7 years later, we are the health and well-being of our na- in— enjoying unsurpassed Federal budget tional economy and the future security (A) establishing and protecting riparian surpluses and the many difficulties of our young people, we must commit buffers; and that accompany such prosperity. I am (B) preventing nonpoint source pollution; to the elimination of this debt. 1 (6) encouraging and assisting communities concerned that the running dialog in The journey of 5 ⁄2 trillion miles be- in— Washington is far too focused on to- gins with a single step. Early in the (A) protecting shoreland, wetland, and day’s spending, today’s enormous Fed- 106th Congress, I introduced the Amer- flood plains; and eral programs, today’s immediate ican Debt Repayment Act. A year

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.104 pfrm02 PsN: S18PT1 S10718 CONGRESSIONAL RECORD — SENATE October 18, 2000 later, I followed that legislation with When the new Congress convenes in consumption. Owning assets gives peo- the American Social Security Protec- 2001, I intend to continue to work with ple a stake in the future—a reason to tion and Debt Repayment Act. I believe my colleagues on developing a sensible save, to dream, and to invest time, ef- each of these bills provided a sensible and concrete debt repayment plan. I fort and resources in creating a future first step toward debt repayment and am also interested in working with my for themselves and their children. As the 5 trillion steps to follow. colleagues on other innovative ways to Sherraden puts it, ‘‘income may feed Both pieces of legislation suggested reduce the national debt. Legislation people’s stomachs, but assets change we treat the Federal debt just as every was recently introduced in the House, their heads.’’ American treats the largest purchase and I am pleased to come to the floor I am pleased today to be joined by they will ever make. That is their today on behalf of myself and the Sen- Senator HARKIN in introducing legisla- home. In February of this year, I came ator from Idaho, Mr. CRAPO, to intro- tion designed to further promote inno- to the floor with my friends, GEORGE duce the Taxpayers Choice Debt Reduc- vative asset-building strategies for the VOINOVICH, ROD GRAMS and MIKE ENZI, tion Act. poor. with an amortization schedule for debt Every year, millions of taxpaying Over the past two years, asset-build- repayment to be offered to the budget Americans have the opportunity to ing strategies have gained widespread, resolution. Just as any American home designate on their tax form a $3 con- bi-partisan support at both the federal buyer would amortize the purchase of tribution to the Presidential Election and state levels. Legislation has been their home with a mortgage, we offered Campaign Fund. This checkoff on all introduced and laws have been enacted a dutiful and moderate restriction on 1040 forms would allow for the tax- to develop and promote Individual De- Federal spending combined with a spe- payers themselves to designate that $3, velopment Accounts (IDAs) among low cific debt repayment schedule. Our or $6 for joint filers, would be dedicated income Americans. IDAs reward the monthly savings of working poor fami- amendment was defeated. I believe the to a special Department of the Treas- lies who are trying to buy their first chief reason for the defeat of the ury account to pay down the national home, pay for post secondary edu- amendment was the fear of being debt. Checking the box on the tax docu- cation, or start a business. locked into a long-term repayment In some respects, IDAs are like Indi- ment would not increase the amount of plan that would prohibit future tax vidual Retirement Accounts for the taxes to be paid, nor would it decrease cuts. The July 2000 budget economic working poor. IDAs are dedicated sav- any refund. Checking ‘‘yes’’ in this box and outlook update by the Congres- ings accounts that can be used for pur- sional Budget Office disputes this un- would simply provide a directive from chasing a first home, paying for post- derstandable fear. the taxpayer that 3 of the dollars they secondary education, or capitalizing According to the CBO, assuming were paying in taxes be used solely to business. These investments are associ- spending is frozen at fiscal year 2000 pay down the Nation’s debt. Impor- ated with extremely high rates of re- levels, the next 10 years will yield an tantly, these funds would be beyond turn that have the potential to bring a on-budget surplus of $3.4 trillion. If any money set aside by Congress for new level of economic and personal se- this Congress had exercised some dis- debt reduction. curity to families and communities. cipline this year and appropriated In my annual town meetings around Participants also are able to make within a freeze, the on-budget surplus the State of Colorado, I often speak emergency withdrawals in limited cir- in fiscal year 2001, which we have just with my constituents over the enor- cumstances and must pay back such begun, is projected to be $116 billion. mous debt owed by this country. I can withdrawals within 12 months. One criticism of the long-term debt say with great confidence that this is The individual or family deposits amortization plan that I brought to the an issue where the public desires ac- whatever dollar amount they can save floor was that it would prevent tax tion. It is my hope that with this legis- (typically $5 to $20 a month) into the cuts and tie the hands of appropriators lation Congress will empower these account. The sponsoring organization by absorbing all of the surplus. My concerned taxpayers to act on their im- matches that deposit with funds pro- most recent plan simply dedicates $15 pulse to eliminate the debt. vided by local churches and service or- billion of on-budget surplus to debt re- Before I yield the floor, I extend my ganizations, corporations, foundations, payment and adds $15 billion each year thanks to all of my Senate colleagues and state or local governments. The thereafter. The sum total after 10 years who have expressed an interest in debt sponsoring organization determines the of structured debt repayment is $825 repayment during this Congress, par- ratio at which they will match an indi- billion from on-budget surplus. ticularly Senators VOINOVICH, ENZI, vidual’s contribution (not less than This repayment schedule would have GRAMS of Minnesota, CRAPO, REID of $0.50 and not more than $4 for every $1). left $2.6 trillion remaining for tax cuts Nevada, and FEINGOLD. I have enjoyed In 1998, Congress enacted legislation and new spending over the next 10 working with each of these Members entitled the ‘‘Assets for Independence years. over the course of the year as we have Act’’. This Act established a five year It is important to note that these brought debt repayment amendments demonstration program to determine numbers do not take into account the to the floor. I look forward to con- the social, civic, psychological and eco- off-budget surplus created by Social tinuing to work on this important nomic effects that individual develop- Security. I have said on the floor many issue with my colleagues. ment account, IDA, savings accounts times before that paying down the na- can have on low income individuals and tional debt is one of the best ways to Mr. GREGG (for himself and Mr. their families. The assets for independ- provide long-term fiscal stability to HARKIN): ence demonstration program is pres- Social Security. S. 3214. A bill to amend the Assets for ently the largest source of federal fund- In the past, I proposed restricted use Independence Act (Title IV of the Com- ing for individual development ac- of the Social Security surplus to help munity Opportunities, Accountability, counts. pay down the debt. This not only pro- and Training and Educational Services The intent of this demonstration pro- vides for the future stability of Social Act of 1998) to enhance program flexi- gram is to encourage participants to Security by paying down the debt but bility, and for other purposes; to the develop and reinforce strong habits for protects Social Security money from Committee on Health, Education, saving money. To assist this, sponsor Federal discretionary spending. Labor, and Pensions. organizations provide participating in- Social Security surplus money ASSETS FOR INDEPENDENCE ACT AMENDMENTS dividuals and families intensive finan- should be used for debt repayment only OF 2000 cial counseling and counseling to de- until such time as Congress can ini- Mr. GREGG. Mr. President, in his velop investment plans for education, tiate sensible reform to preserve the 1991 book ‘‘Assets and the Poor: a New home ownership, and entrepreneurship. long-term integrity of Social Security. American Welfare Policy,’’ Washington In addition, participating welfare and Social Security reform has been a pri- University Professor Michael low-income families build assets whose ority of this Congress, and we can act Sherraden argues that people move for- high return on investment has the ca- to reduce the debt and reform this im- ward economically through savings and pacity for propelling them into inde- portant program in one commitment. investment, not through spending and pendence and stability.

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.126 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10719 The community also benefits from There being no objection, the mate- tion to be delivered not later than 90 days the significant return on investment in rial was ordered to be printed in the after the end of the calendar year in which IDAs: we expect welfare rolls to be re- RECORD, as follows: the Secretary first authorizes a demonstra- duced, tax receipts to increase, em- tion project. This amendment would require ASSETS FOR INDEPENDENCE ACT AMENDMENTS the first interim evaluation to be delivered ployment to increase, and local enter- OF 2000—SECTION-BY-SECTION SUMMARY not later than 90 days after the end of the prises and builders can expect local NOTE: Except where otherwise specified, project year. businesses to benefit from increased references in this summary to provisions of SEC. 9. INCREASED APPROPRIATIONS FOR EVAL- activity. Neighborhoods will be rejuve- law are references to provisions of the Assets UATION EXPENSES. nated as new micro-enterprises and in- for Independence Act (the Act), title IV of The section amends section 414(e) (which creased home renovation and building the Community Opportunities, Account- sets forth the amount the Secretary may set ability, and Training and Educational Serv- aside to evaluate the IDA program) by drive increased employment and com- ices Act of 1998. munity development. changing from 2% to not more than $500,000 SEC. 2. MATCHING CONTRIBUTIONS UNAVAIL- the amount of IDA appropriations set aside In fact, it is estimated that an in- ABLE FOR EMERGENCY WITH- for such evaluation. DRAWALS. vestment of $125 million in assert SEC. 10. NO REDUCTION IN BENEFITS. This section amends section 404(5)(A) building through these individual ac- This section strikes section 415 which per- (which defines the term ‘‘Individual Develop- counts will generate 7,050 new busi- tains to the treatment of funds deposited in ment Account’’ (IDA) and specifies required nesses, 68,799 new jobs, $730 million in IDA accounts for purposes of determining IDA elements), in clause (v), to eliminate eligibility for Federal or federally assisted additional earnings, 12,000 new or reha- language which permits use of matching con- program based on need and replaces it with bilitated homes, $287 million in savings tributions by the qualified entity serving as similar language found in P.L. 104–193, the and matching contributions and earn- IDA trustee for emergency withdrawals. As TANF block grant. Currently, only funds ings on those accounts, $188 million in amended, clause (v) would permit use of contributed into an IDA by a sponsoring or- matching contributions only for qualified ex- increased assets for low-income fami- ganization are disregarded for purposes of de- penses (as defined in section 404(8)). The lies, 6,600 families removed from wel- termining eligibility for federal needs tested amendment would eliminate the inconsist- fare rolls, 12,000 youth graduates from programs. With this change, both an individ- ency between section 404(5)(A)(v) as cur- vocational education and college pro- ual’s own contributions and the contribu- rently drafted and section 404(3), which de- tions made on behalf of an individual by a grams, 20,000 adults obtaining high fines the term ‘‘emergency withdrawal’’ to sponsoring organization will be disregarded school, vocational, and college degrees. mean a withdrawal by the eligible individual for this purpose. IDA programs currently exist in of some or all of the funds deposited by that about 250–300 communities, with an- individual for specified emergency situa- tions. By Mr. HARKIN: other 100 in development. Overall, at S. 3215. A bill to amend the Public least 10,000 people are currently saving SEC. 3. ADDITIONAL QUALIFIED ENTITIES. This section amends section 404(7) (the def- Health Service Act to reauthorize in an IDA and another 30,000–40,000 are women’s health research award pro- expected to be reached by the year 2003. inition of ‘‘qualified entity’’) to expand the category of entities eligible to operate IDA grams conducted through the National All but three states have IDA programs programs under the Act to include low-in- Institutes of Health; to the Committee in their states or mechanisms in place come credit unions (as designated by the Na- on Health, Education, Labor, and Pen- to permit the start up of an IDA pro- tional Credit Union Administration) and or- sions. gram. ganizations designated as community devel- WOMEN’S HEALTH RESEARCH CAREER opment financial institutions by the Sec- The field of economic development ENHANCEMENT ACT retary of the Treasury (or the Community has rapidly changed over the course of Mr. HARKIN. Mr. President, I am the last few years, and as a result, Development Financial Institutions Fund) that can demonstrate a collaborative rela- pleased to introduce today the Wom- those administering IDAs on a national tionship with a community-based organiza- en’s Health Research Career Enhance- basis have sought to work within the tion. ment Act of 2000. This legislation ad- structure defined by Congress. Unfortu- SEC. 4. HOME PURCHASE COSTS. dresses a critical shortage of qualified nately, because of changes in the field Section 4(a) amends section 407(8)(B) clinician researchers available to in- and certain unforeseen difficulties with (which includes the purchase of a first home vestigate the diseases and conditions the implementation of the demonstra- in the definition of ‘‘qualified expenses’’ for that primarily affect women. tion in its current form, we have been which IDA funds can be withdrawn by the As the brother of two sisters lost to asked to consider making a handful of participant) to increase the purchase price limit to 120 percent of the average area pur- breast cancer and the father of two technical changes that will help with daughters, I know first-hand the im- program administration and make the chase price for such a residence. SEC. 5. INCREASED SET-ASIDE FOR ECONOMIC portance of making women’s health program run more consistently and ef- LITERACY TRAINING AND ADMINIS- initiatives a top priority. More can and fectively. TRATIVE COSTS. must be done to guarantee that women Those changes include: (1) changing Section 5 amends section 407(c)(3) by in- have the quality care they deserve. the legal accounting structure of IDAs; creasing from 9.5 percent of 15 percent the This includes making sure that quali- amount of funds that grantee organizations (2) expanding the potential field of fied researchers are out there leading grantees to include low-income credit may use to provide economic literacy train- ing and other administrative functions. Of the search for cures and treatments. unions and community development fi- this amount, not more than 7.5 percent may In 1985, the United States Public nancial institutions; (3) providing addi- be used for administrative functions. Health Task Force on Women’s Health tional flexibility for withdrawals from SEC. 6. ALTERNATIVE ELIGIBILITY CRITERIA. Issues concluded that women’s health IDA accounts for the purchase of a This section amends section 408(a) (which care was getting short shrift by the home; (4) expanding the availability of sets forth IDA participation criteria) by add- lack of research focus on women’s funds for economic literacy training; ing an additional criteria for eligibility as an health concerns. Since then we have and (5) adding a Federal poverty meas- IDA program participant. Under this amend- made good progress to expand women’s ure to the current eligibility criteria; ment, an individual with an income less than health research, but more needs to be 200% of the poverty line (as defined by OMB), and (6) making the AFIA and TANF In- done. dividual Development Account pro- would be eligible to participate. SEC. 7. REVISED ANNUAL PROGRESS REPORT In 1990, the U.S. General Accounting grams consistent with respect to the DEADLINE. Office (GAO) found that the National treatment of funds for purposes of de- Section 7 amends Section 412  which cur- Institutes of Health (NIH) had been termining eligibility for Federal pro- rently requires the first Annual Progress Re- slow and ineffective in implementing a grams based on need. port to be delivered not later than 60 days policy to include women in research These are modest but needed changes after the end of the calendar year. This study populations. At the urging of in the law that will help Federal IDA amendment would require the first report to myself and others, and in response to programs function more as originally be delivered not later than 60 days after the end of the project year. passage of the NIH Revitalization Act intended. I urge their adoption. of 1993, the NIH began to take more SEC. 8. REVISED INTERIM EVALUATION REPORT I ask unanimous consent that a sum- DEADLINE. comprehensive measures to increase mary of the bill be printed in the This section amends section 414(d) which research on health problems affecting RECORD. currently requires the first interim evalua- women.

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.110 pfrm02 PsN: S18PT1 S10720 CONGRESSIONAL RECORD — SENATE October 18, 2000 And more recently, at my request, Centers—will help build the next gen- (2) A growing body of evidence dem- along with Senators OLYMPIA SNOWE eration of investigators in obstetrics onstrates dramatic differences between wom- and BARBARA MIKULSKI, and Represent- and gynecology by giving clinicians the en’s and men’s biology, including symptoms of disease, mechanism of disease and re- ative HARRY WAXMAN (D–CA), the GAO experience they need to become wom- sponses to treatment. published a report last May assessing en’s health scientists. The NIH, (3) Women and men differ in disease pres- the NIH’s progress on conducting re- through the National Institute of Child entation and treatment outcomes of coro- search on women’s health in the past Health and Human Development and nary heart disease. Women comprise 80 per- decade. The GAO’s report found that the Office of Research on Women’s cent of the population suffering from while NIH has made significant Health, will provide grants to research osteoporosis. Women comprise 75 percent of progress in implementing a strength- institutions and hospitals for the train- those afflicted with autoimmune diseases. ened policy on including women in ing of new women’s health researchers. Women and men metablolize food, alcohol, clinical research, they have failed to The Women’s Reproductive Health medication, and atmospheric toxins dif- fully analyze clinical data on women’s Research Career Development Centers ferently. program and the Building Interdiscipli- (4) Scientific research will reap maximum health. returns when it involves teams of investiga- It is clear we can and must do more nary Research Careers in Women’s tors with expertise in various disciplines. A to advance a comprehensive women’s Health grant program have already comprehensive, targeted effort is necessary health agenda. stimulated women’s health research to develop a multi-disciplinary cadre of re- A growing body of evidence is emerg- across a variety of disciplines. Author- searchers with the interest and expertise to ing that demonstrates significant dif- izing and expanding these programs develop the field of gender based health re- ferences between men and women and will speed breakthroughs in women’s search so that it has the greatest impact on how they get sick and how they react health research by building and im- all women and men. to potential treatments. Women and proving the network of scientific inves- (5) Mentoring between junior and senior men metabolize food, alcohol, medica- tigators expert in the diseases and con- scientists is vitally important to promoting tion and environmental toxins dif- an inclusive and diverse research environ- ditions that affect women. ment, leading to the retention and advance- ferently. Mr. President, I have a long tradition ment of talented scientists from all seg- And certain diseases and conditions of supporting research and specifically ments of the population and enhancing the disproportionately affect women. For women’s health research both as Chair- nation’s investment in treatments and cures example, women comprise 80% of those man and now Ranking Member of the for the diseases and conditions that affect suffering from osteoporosis. Seventy- Senate Labor, Health and Human Serv- Americans. five percent of those afflicted with ices and Education Appropriations (6) The Women’s Reproductive Health Re- autoimmune diseases are women. And Subcommittee. This year we will pro- search Career Development Centers and the Building Interdisciplinary Research Careers although we have made significant vide an unprecedented, $2.7 billion in- progress, we are still fighting the ter- in Women’s Health grant programs have crease for the National Institutes of stimulated women’s health research across a rible epidemic of breast cancer in this Health, keeping us well on track to- variety of disciplines. country, a disease that strikes 1 out of wards our goal of doubling the NIH (7) Expanding the initiatives described in every 8 American women. budget over 5 years. paragraph (6) will speed breakthroughs in Women everywhere will benefit But all the funding in the world will women’s health research by building and im- through more and better scientific re- do us no good if we don’t have talented proving the network of scientific investiga- search on the diseases and conditions investigators ready and able to take on tors who are experts in the diseases and con- that affect them. And our scientific en- the challenge of finding the cures and ditions that affect women. terprise will reap maximum returns treatments for the diseases that afflict SEC. 3. BUILDING INTERDISCIPLINARY RE- when it involves teams of investigators SEARCH CAREERS IN WOMEN’S us. We must do more to make sure we HEALTH. with expertise in various disciplines. A grow and strengthen a diverse network comprehensive, targeted approach is Part A of title III of the Public Health of our best and brightest clinicians and Service Act (42 U.S.C. 241 et seq.) is amended necessary to develop a multi-discipli- scientists to keep pace with our in- by adding at the end the following: nary cadre of researchers with the in- creased investment in medical re- ‘‘SEC. 310A. BUILDING INTERDISCIPLINARY RE- terest and expertise to broaden the search. The bill I am introducing today SEARCH CAREERS IN WOMEN’S field of women’s health research. will help to do just that. It has the sup- HEALTH. In addition, mentoring between jun- port of the National Institutes of ‘‘(a) PURPOSE.—It is the purpose of the sec- ior and senior scientists is important Health, the Society for Women’s tion to provide funding to enable the Direc- to promoting an inclusive and diverse tor of the Office of Research on Women’s Health Research, the Women’s Health research environment. Mentoring rela- Health, in coordination with the Director of Research Coalition and the American tionships can lead to the retention and the National Institute of Child Health and College of Obstetricians and Gyne- advancement of talented scientists Human Development and other Institutes cologists. I urge my colleagues to sup- and centers of the National Institutes of from all segments of the population port this important legislation. I ask Health, to carry out the Building Inter- and enhance our investment in medical unanimous consent that the text of the disciplinary Research Careers in Women’s research. Health program (as authorized under section Mr. President, my legislation author- bill be printed in the RECORD. There being no objection, the bill was 301) to support the career development of sci- izes two important initiatives to ex- entists who are commencing basic, ordered to be printed in the RECORD, as pand the number of qualified investiga- translational, clinical, behavioral or health tors in women’s health research by pro- follows: services research relevant to women’s health viding improved career development S. 3215 in an interdisciplinary scientific setting. opportunities through the National In- Be it enacted by the Senate and House of Rep- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— stitutes of Health (NIH): resentatives of the United States of America in There are authorized to be appropriated such Congress assembled, First, the Building Interdisciplinary sums as may be necessary for each of fiscal SECTION 1. SHORT TITLE. years 2001 through 2006 to enable the Direc- Research Careers in Women’s Health This Act may be cited as the ‘‘Women’s tor of the Office of Research on Women’s Program—will support the career de- Health Research Career Enhancement Act of Health to carry out program described in velopment of junior women’s health 2000’’. subsection (a). scientists by providing new opportuni- SEC. 2. FINDINGS. ‘‘(c) REQUIREMENTS FOR GRANTS.— ties to improve their research skills in Congress makes the following findings: ‘‘(1) ELIGIBILITY.—In making awards under interdisciplinary settings. The NIH, (1) The Public Health Service’s Task Force the program described in subsection (a), the through the Office of Research on on Women’s Health Issues concluded in 1985 Director of the Office of Research on Wom- Women’s Health, will provide grants to that women’s health care was compromised en’s Health, acting through the Director of research institutions to pair junior in- by the lack of research focus on women’s the National Institute of Child Health and health concerns. Since then, progress has Human Development and other Institutes vestigators with seasoned senior inves- been made to expand women’s health re- and centers of the National Institutes of tigators, who will mentor them for 2–5 search, but more can be done to strengthen Health, shall, with respect to an institution, years. our nation’s capacity to aggressively inves- consider— Second, the Women’s Reproductive tigate the diseases and conditions primarily ‘‘(A) domestic profit and nonprofit, non- Health Research Career Development affecting women. Federal, public or private organizations;

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.112 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10721 ‘‘(B) the extent to which the institution Chapter 19 has revealed itself to be un- for the D.C. circuit, and one of the has the clinical specialities and subspeciali- acceptable in its current form. The In- United States’ most distinguished ju- ties, and the clinical and research facilities, tegrity of the U.S. Courts Act, that I rists. In his opinion, Judge Wilkey sufficient to meet the objective of the pro- introduce today with my colleague Mr. wrote that the lumber panel decision gram of bridging clinical or post-doctoral ‘‘may violate more principles of appel- training with a career in interdisciplinary BAUCUS, is necessary to make certain research relevant to women’s health; and bilateral dispute resolution decisions late review of agency action than any ‘‘(C) other factors determined appropriate from the NAFTA are made pursuant to opinion by a reviewing body which I by the Directors. U.S. trade laws. have ever read.’’ Judge Wilkey and ‘‘(2) RULE OF CONSTRUCTION.—With respect At present, antidumping and coun- former Judge Charles Renfrew (Also a to the program described in subsection (a), tervailing duty determinations made chapter 19 appeals committee member) nothing in this subsection shall be construed by NAFTA members are appealed to ad have since expressed serious constitu- to prohibit the application by the Director of hoc panels of private individuals, in- tional reservations about the system. the Office of Research on Women’s Health of stead of impartial courts created under While some have claimed that Chapter eligibility or other requirements, including national constitutions. These panels 19 decides many cases well, its inabil- requirements applied to applicants under ity to resolve appropriately large dis- such program in the fiscal year prior to the are supposed to apply the same stand- date of enactment of this section.’’. ard of review as a U.S. court in order to putes, and its constitutional infirmity, SEC. 3. WOMEN’S REPRODUCTIVE HEALTH RE- determine whether a decision is sup- demand a remedy. SEARCH CAREER DEVELOPMENT ported by substantial evidence on the It is clear that the time is long past CENTERS. agency record, and is otherwise in ac- due to remedy Chapter 19. From the Part A of title III of the Public Health cordance with the law. This standard outset, the NAFTA agreement con- Service Act (42 U.S.C. 241 et seq.), as amend- templated that given the sensitive and ed by section 3, is further amended by adding requires that the agency’s factual find- ings and legal interpretations be given unusual subject matter, signatories at the end the following: might have to alter their obligations significant deference. Unfortunately, ‘‘SEC. 310B. WOMEN’S REPRODUCTIVE HEALTH under Chapter 19. The Integrity of the RESEARCH CAREER DEVELOPMENT in spite of the panels’s mandate, they U.S. Courts Act is a reasonable solu- CENTERS. all too often depart from their direc- ‘‘(a) PURPOSE.—It is the purpose of this tion to a serious problem. section to provide for the funding of Wom- tive and fail to ensure that the correct I urge my colleagues to join Senator en’s Reproductive Health Research Career standard of review is applied. BAUCUS and me in our effort to fix this Development Centers to enable the Director The Integrity of the U.S. Courts Act problem that is unfairly harming of the National Institute of Child Health and would permit any party to a NAFTA American industry, and more impor- Human Development, in collaboration with dispute involving a U.S. agency deci- tant, the U.S. Constitution. I ask unan- the Director of the National Institutes of sion to remove appellate jurisdiction imous consent that the full text of the Health, to— from the Extraordinary Challenge ‘‘(1) assist in improving the health of bill be printed in the RECORD. Committees (ECC) to the U.S. Court of There being no objection, the bill was women and infants by training new research- International Trade. Doing so would ers in reproductive health science; ordered to be printed in the RECORD, as ‘‘(2) address concerns raised in a recent resolve some of the constitutional follows: study by the National Research Council issues raised by the Chapter 19 system, S. 3216 about the declining number of physician-in- expedite resolution of cases, and ensure Be it enacted by the Senate and House of Rep- vestigators; and conformity with U.S. law. resentatives of the United States of America in ‘‘(3) provide newly trained obstetric- The infirmities of Chapter 19 are real, Congress assembled, gynecologic clinicians with training and sup- and have been problematic from the be- SECTION 1. SHORT TITLE. port, through the Women’s Reproductive ginning. The Justice Department, the This Act may be cited as the ‘‘Integrity of Health Research Career Development Cen- Senate Finance Committee, and other the United States Courts Act of 2000’’. ters, to assist in such clinicians in their pur- authorities are on record of having ex- SEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL suit of research careers to address problems DECISIONS. pressed serious concern about giving in women’s obstetric and gynecologic health. (a) IN GENERAL.—Subtitle A of title IV of ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— private panelists—sometimes a major- the North American Free Trade Agreement There are authorized to be appropriated such ity of whom are foreign nationals—the Implementation Act (19 U.S.C. 3431 et seq.) is sums as may be necessary for each of fiscal authority to issue decisions about U.S. amended by inserting after section 404 the years 2001 through 2006 to enable the Direc- domestic law that have the binding following new section: tor of the National Institute of Child Health force of law. These appointed panelists, ‘‘SEC. 404A. REVIEW OF BINATIONAL PANEL DE- and Human Development to fund Women’s coming from different legal and cul- TERMINATIONS. Reproductive Health Research Career Devel- ‘‘(a) BASIS FOR REVIEW IN COURT OF INTER- opment Centers for the purposes described in tural disciplines and serving on an ad NATIONAL TRADE.— subsection (a). hoc basis, do not necessarily have the ‘‘(1) IN GENERAL.—If, within 30 days after ‘‘(c) RULE OF CONSTRUCTION.—With respect interest that unbiased U.S. courts have publication in the Federal Register of notice to the program described in subsection (a), in maintaining the efficacy of the laws, that a binational panel has issued a deter- nothing in this section shall be construed to as Congress wrote them. mination following a review under article prohibit the application by the Director of One of the most egregious examples 1904 of a decision of a competent inves- the National Institute of Child Health and of the flaws of Chapter 19 is reflected in tigating authority in the United States, a party or person within the meaning of para- Human Development of eligibility or other a case from early in this process, re- requirements, including requirements ap- graph 5 of article 1904 alleges that— plied to applicants under such program, in viewing a countervailing duty finding ‘‘(A)(i) the determination of the panel was the fiscal year prior to the date of enactment that Canadian lumber imports benefits based on a misinterpretation of United of this section.’’. from enormous subsidies. Three Cana- States law; dian panelists outvoted two leading ‘‘(ii) a member of a panel was guilty of a Mr. CRAIG (for himself and Mr. U.S. legal experts to eliminate the gross misconduct, bias, or a serious conflict BAUCUS): countervailing duty based on patently of interest, or otherwise materially violated S. 3216. A bill to provide for review in erroneous interpretations of U.S. law— the rules of conduct, the Court of International Trade of cer- ‘‘(iii) the panel seriously departed from a interpretations that Congress had ex- fundamental rule of procedure, or tain determinations of binational pan- pressly rejected only months before. ‘‘(iv) the panel manifestly exceeded its els under the North American Free Two of the Canadian panelists served powers, authority, or jurisdiction set out in Trade Agreement; to the Committee on despite undisclosed conflicts of inter- article 1904, as in failing to apply the appro- Finance. est. The matter was then argued before priate standard of review, and INTEGRITY OF THE U.S. COURTS ACT a Chapter 19 appeals committee, and ‘‘(B) any of the actions described in sub- Mr. CRAIG. Mr. President, I rise to the two committee members outvoted paragraph (A) has materially affected the introduce important legislation de- the one U.S. member to once again in- panel’s decision and threatens the integrity signed to correct a fundamental flaw of the binational panel review process, sulate the Canadian subsidies from then such party or person may file an appeal within the North American Free Trade U.S. law. with the United States Court of Inter- Agreement (NAFTA) dispute resolution The U.S. committee member was national Trade, seeking review of the bina- mechanism, known as Chapter 19. As Malcolm Wilkey, the former Chief tional panel determination, pursuant to sec- many of my colleagues are aware, Judge of the Federal Court of Appeals tion 516A of the Tariff Act of 1930.

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.118 pfrm02 PsN: S18PT1 S10722 CONGRESSIONAL RECORD — SENATE October 18, 2000 ‘‘(2) REVIEW IN COURT OF INTERNATIONAL ‘‘(ix) A final determination of a binational (Mr. GORTON) was added as a cosponsor TRADE WHERE BINATIONAL PANEL DOES NOT panel convened pursuant to article 1904 of of S. 1822, a bill to amend the Public ACT.—If a request for a panel review has been the NAFTA. Health Service Act, the Employee Re- made under article 1904 and a panel is not ‘‘(x) A final determination of an inves- tirement Income Security Act of 1974, convened within 315 days of the request, the tigating authority described in section Party requesting the panel review or person 404A(a)(2) of the North American Free Trade and the Internal Revenue Code of 1986 within the meaning of paragraph 5 of article Agreement Implementation Act.’’; to require that group and individual 1904 may file an appeal of the antidumping or (2) in subsection (a)(5), in the matter pre- health insurance coverage and group countervailing duty determination with re- ceding subparagraph (A), by inserting health plans provide coverage for treat- spect to which the request was filed with the ‘‘(other than a determination described in ment of a minor child’s congenital or United States Court of International Trade. subsection (g)(3)(A)(vii))’’ after ‘‘apply’’; and developmental deformity or disorder ‘‘(b) DECISIONS OF THE COURT.— (3) in subsection (g)(3)(A)— due to trauma, infection, tumor, or dis- ‘‘(1) IN GENERAL.—In any appeal filed under (A) in clause (v), by striking ‘‘or’’ at the ease. subsection (a)(1) for review of a binational end; panel determination, the Court of Inter- (B) in clause (vi), by striking the period S. 2068 national Trade shall, after examining the and inserting ‘‘, or’’; and At the request of Mr. GREGG, the legal and factual analysis underlying the (C) by adding at the end the following: name of the Senator from Wyoming findings and conclusions of the panel’s deci- ‘‘(vii) a determination of which either a (Mr. ENZI) was withdrawn as a cospon- sion, determine whether any of the actions party or person within the meaning of para- sor of S. 2068, a bill to prohibit the Fed- described in subsection (a)(1)(A) has been es- graph 5 of article 1904 of the NAFTA has re- eral Communications Commission from tablished. If the court finds that any of those quested review pursuant to section 404A of actions has been established, the court shall the North American Free Trade Agreement establishing rules authorizing the oper- vacate the original panel decision and enter Implementation Act.’’. ation of new, low power FM radio sta- judgment accordingly. If the actions are not SEC. 4. APPLICATION TO CANADA AND MEXICO. tions. established, the court shall affirm the origi- Pursuant to article 1902 of the North Amer- S. 2341 nal binational panel decision. Decisions of ican Free Trade Agreement and section 408 At the request of Mr. GREGG, the the Court of International Trade under this of the North American Free Trade Agree- names of the Senator from Wyoming section shall be binding on the parties with ment Implementation Act, the amendments respect to the matters between the parties made by this Act shall apply with respect to (Mr. ENZI) and the Senator from Massa- that were before the panel. goods from Canada and Mexico. chusetts (Mr. KERRY) were added as co- ‘‘(2) DECISIONS WHERE PANEL NOT CON- SEC. 5. EFFECTIVE DATE. sponsors of S. 2341, a bill to authorize VENED.—In the case of an appeal filed under The amendments made by this Act shall appropriations for part B of the Indi- subsection (a)(2) for review of a determina- apply to any final determination of a bina- viduals with Disabilities Education Act tion of a competent investigating authority, tional panel convened pursuant to article to achieve full funding for part B of the Court of International Trade shall, after 1904 of the North American Free Trade that Act by 2010. examining the legal and factual analysis un- Agreement or to a final determination of a derlying the findings and conclusions of the competent investigating authority with re- S. 2393 investigating authority’s determination, de- spect to which section 404A(a)(2) of the North At the request of Mr. DURBIN, the termine whether the determination was American Free Trade Agreement Implemen- names of the Senator from Nevada (Mr. made in accordance with article 1904. If the tation Act applies, notice of which is pub- REID) and the Senator from Oregon lished in the Federal Register on or after the court finds that the determination was not (Mr. WYDEN) were added as cosponsors date of enactment of this Act. in accordance with article 1904 or is not sup- of S. 2393, a bill to prohibit the use of ported by the legal and factual analysis, the court shall vacate the investigating racial and other discriminatory authority’s determination and enter judg- ADDITIONAL COSPONSORS profiling in connection with searches ment accordingly. If the court finds that the S. 61 and detentions of individuals by the determination was in accordance with arti- At the request of Mr. DEWINE, the United States Customs Service per- cle 1904 and is supported by the legal and fac- name of the Senator from Idaho (Mr. sonnel, and for other purposes. tual analysis, the court shall affirm the in- CRAPO) was added as a cosponsor of S. S. 2440 vestigating authority’s determination. Deci- 61, a bill to amend the Tariff Act of sions of the Court of International Trade At the request of Mr. DORGAN, his under this section shall be binding on the 1930 to eliminate disincentives to fair name was added as a cosponsor of S. parties with respect to the matters between trade conditions. 2440, a bill to amend title 49, United the parties that would have been before a S. 459 States Code, to improve airport secu- panel had the panel been convened. At the request of Mr. BREAUX, the rity. ‘‘(c) EXCLUSIVE JURISDICTION.—If a party or name of the Senator from Florida (Mr. S. 2698 person within the meaning of paragraph 5 of GRAHAM) was added as a cosponsor of S. At the request of Mr. MOYNIHAN, the article 1904 timely files a notice of appeal to 459, a bill to amend the Internal Rev- the Court of International Trade pursuant to name of the Senator from Georgia (Mr. enue Code of 1986 to increase the State this section, then jurisdiction exclusively re- MILLER) was added as a cosponsor of S. sides with the United States Court of Inter- ceiling on private activity bonds. 2698, a bill to amend the Internal Rev- national Trade, and such determinations are S. 922 enue Code of 1986 to provide an incen- not subject to review by an extraordinary At the request of Mr. ABRAHAM, the tive to ensure that all Americans gain challenge committee under paragraph 13 of names of the Senator from Delaware timely and equitable access to the article 1904. (Mr. BIDEN) and the Senator from New ‘‘(d) APPLICABILITY.—Subsections (a)(1), Internet over current and future gen- York (Mr. SCHUMER) were added as co- (b)(1), and (c) apply to all goods from NAFTA erations of broadband capability. sponsors of S. 922, a bill to prohibit the countries which were subject to an anti- S. 2699 dumping duty or countervailing duty deter- use of the ‘‘Made in the USA’’ label on mination of a competent investigating au- products of the Commonwealth of the At the request of Mr. BAUCUS, his thority in the United States.’’. Northern Mariana Islands and to deny name was added as a cosponsor of S. (b) CONFORMING AMENDMENT.—The table of such products duty-free and quota-free 2699, a bill to strengthen the authority contents of the North American Free Trade treatment. of the Federal Government to protect Implementation Act is amended by inserting S. 1536 individuals from certain acts and prac- after the item relating to section 404 the fol- tices in the sale and purchase of social lowing: At the request of Mr. DEWINE, the name of the Senator from Nevada (Mr. security numbers and social security ‘‘Sec. 404A. Review of binational panel deter- account numbers, and for other pur- minations.’’. REID) was added as a cosponsor of S. SEC. 3. JURISDICTION OF THE COURT OF INTER- 1536, a bill to amend the Older Ameri- poses. NATIONAL TRADE. cans Act of 1965 to extend authoriza- S. 2726 Section 516A of the Tariff Act of 1930 (19 tions of appropriations for programs At the request of Mr. HELMS, the U.S.C. 1516a) is amended— under the Act, to modernize programs name of the Senator from Alabama (1) in subsection (a)(2)— and services for older individuals, and (Mr. SESSIONS) was added as a cospon- (A) in subparagraph (A)(i)(I), by striking ‘‘or (viii)’’ and inserting ‘‘(viii), (ix), or (x)’’; for other purposes. sor of S. 2726, a bill to protect United and S. 1822 States military personnel and other (B) in subparagraph (B), by adding at the At the request of Mr. MCCAIN, the elected and appointed officials of the end the following: name of the Senator from Washington United States Government against

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.114 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10723 criminal prosecution by an inter- porary education center at the Viet- lution establishing a special task force national criminal court to which the nam Veterans Memorial to recommend an appropriate recogni- United States is not a party. S. 3127 tion for the slave laborers who worked S. 2773 At the request of Mr. SANTORUM, the on the construction of the United At the request of Mr. FEINGOLD, the name of the Senator from Washington States Capitol. names of the Senator from Minnesota (Mr. GORTON) was added as a cosponsor S. RES. 343 (Mr. GRAMS), the Senator from of S. 3127, a bill to protect infants who At the request of Mr. FITZGERALD, Vermont (Mr. LEAHY), and the Senator are born alive the name of the Senator from Wis- from Pennsylvania (Mr. SANTORUM) S. 3145 consin (Mr. KOHL) was added as a co- were added as cosponsors of S. 2773, a At the request of Mr. BREAUX, the sponsor of S. Res. 343, a resolution ex- bill to amend the Agricultural Mar- name of the Senator from Alabama pressing the sense of the Senate that keting Act of 1946 to enhance dairy (Mr. SHELBY) was added as a cosponsor the International Red Cross and Red markets through dairy product manda- of S. 3145, a bill to amend the Internal Crescent Movement should recognize tory reporting, and for other purposes. Revenue Code of 1986 to clarify the and admit to full membership Israel’s S. 2938 treatment under the tax-exempt bond Magen David Adom Society with its At the request of Mr. BROWNBACK, the rules of prepayments for certain com- emblem, the Red Shield of David. names of the Senator from Maine (Ms. modities S. RES. 353 SNOWE), the Senator from Louisiana S. 3152 At the request of Mr. BIDEN, the (Mr. BREAUX), the Senator from Nevada At the request of Mr. ROTH, the name name of the Senator from Connecticut (Mr. REID), the Senator from Missouri of the Senator from New Jersey (Mr. (Mr. DODD) was added as a cosponsor of (Mr. BOND), the Senator from Rhode Is- TORRICELLI) was added as a cosponsor S. Res. 353, a resolution designating land (Mr. REED), the Senator from of S. 3152, a bill to amend the Internal October 20, 2000, as ‘‘National Mam- North Carolina (Mr. EDWARDS), the Revenue Code of 1986 to provide tax in- mography Day.’’ Senator from Louisiana (Ms. centives for distressed areas, and for S. RES. 373 LANDRIEU), and the Senator from Okla- other purposes. At the request of Mrs. FEINSTEIN, her homa (Mr. INHOFE) were added as co- S. 3169 name was added as a cosponsor of S. sponsors of S. 2938, a bill to prohibit At the request of Mr. SESSIONS, the Res. 373, supra. United States assistance to the Pales- names of the Senator from Idaho (Mr. At the request of Mr. LUGAR, the tinian Authority if a Palestinian state CRAIG) and the Senator from Maine name of the Senator from Alaska (Mr. is declared unilaterally, and for other (Ms. COLLINS) were added as cosponsors STEVENS) was added as a cosponsor of purposes. of S. 3169, a bill to amend the Federal S. Res. 373, supra. S. 2964 Food, Drug, and Cosmetic Act and the At the request of Mr. LEVIN, his name At the request of Ms. COLLINS, the International Revenue Code of 1986 was added as a cosponsor of S. Res. 373, name of the Senator from Maine (Ms. with respect to drugs for minor animal supra. SNOWE) was added as a cosponsor of S. species, and for other purposes. At the request of Mr. KENNEDY, his 2964, a bill to amend the Internal Rev- S. 3175 name was added as a cosponsor of S. enue Code of 1986 to provide new tax in- At the request of Mr. CRAIG, the Res. 373, a resolution recognizing the centives to make health insurance names of the Senator from Maine (Ms. 225th birthday of the United States more affordable for small businesses, SNOWE) and the Senator from Utah Navy. and for other purposes. (Mr. BENNETT) were added as cospon- S. RES. 375 S. 3009 sors of S. 3175, a bill to amend the Con- At the request of Mr. LUGAR, the At the request of Mr. DEWINE, his solidated Farm and Rural Development names of the Senator from Rhode Is- name was added as a cosponsor of S. Act to authorize the National Rural land (Mr. L. CHAFEE) and the Senator 3009, a bill to provide funds to the Na- Development Partnership, and for from Indiana (Mr. BAYH) were added as tional Center for Rural Law Enforce- other purposes. cosponsors of S. Res. 375, a resolution ment. S. 3180 supporting the efforts of Bolivia’s S. 3020 At the request of Mr. EDWARDS, the democratically elected government. At the request of Mr. GRAMS, the name of the Senator from South Caro- name of the Senator from Wyoming lina (Mr. HOLLINGS) was added as a co- (Mr. ENZI) was added as a cosponsor of sponsor of S. 3180, a bill to provide for SENATE RESOLUTION 378—HON- S. 3020, a bill to require the Federal the disclosure of the collection of in- ORING THE MEMBERS OF THE Communications Commission to revise formation through computer software, CREW OF THE GUIDED MISSILE its regulations authorizing the oper- and for other purposes. DESTROYER U.S.S. ‘‘COLE’’ (DDG– ation of new, low-power FM radio sta- S. 3181 67) WHO WHERE KILLED OR tions. At the request of Mr. HAGEL, the WOUNDED IN THE TERRORIST S. 3072 names of the Senator from Arizona BOMBING ATTACK ON THAT VES- At the request of Mr. GRAMS, the (Mr. MCCAIN), the Senator from Vir- SEL IN ADEN, YEMEN, ON OCTO- name of the Senator from Illinois (Mr. ginia (Mr. WARNER), and the Senator BER 12, 2000, EXPRESSING THE DURBIN) was added as a cosponsor of S. from New York (Mr. MOYNIHAN) were SYMPATHIES OF THE SENATE TO 3072, a bill to assist in the enhance- added as cosponsors of S. 3181, a bill to THE FAMILIES OF THOSE CREW ment of the development of expansion establish the White House Commission MEMBERS, COMMENDING THE of international economic assistance on the National Moment of Remem- SHIP’S CREW FOR THEIR HEROIC programs that utilize cooperatives and brance, and for other purposes. DAMAGE CONTROL EFFORTS, credit unions, and for other purposes. S. 3198 AND CONDEMNING THE BOMBING S. 3089 At the request of Mr. JEFFORDS, the OF THAT SHIP At the request of Mr. HAGEL, the name of the Senator from Colorado Mr. WARNER (for himself, Mr. names of the Senator from Kentucky (Mr. CAMPBELL) was added as a cospon- LEVIN, Mr. THURMOND, Mr. KENNEDY, (Mr. MCCONNELL), the Senator from sor of S. 3198, a bill to provide a pool Mr. MCCAIN, Mr. BYRD, Mr. SMITH of Alaska (Mr. STEVENS), the Senator credit under Federal milk marketing New Hampshire, Mr. ROBB, Mr. INHOFE, from Connecticut (Mr. DODD), the Sen- orders for handlers of certified organic Mr. LIEBERMAN, Mr. SANTORUM, Mr. ator from Wisconsin (Mr. FEINGOLD), milk used for Class I purposes. CLELAND, Ms. SNOWE, Ms. LANDRIEU, the Senator from North Dakota (Mr. S. CON. RES. 130 Mr. ROBERTS, Mr. REED, Mr. ALLARD, DORGAN), and the Senator from Lou- At the request of Mrs. LINCOLN, the Mr. HUTCHINSON, Mr. SESSIONS, Mr. isiana (Mr. BREAUX) were added as co- name of the Senator from Maryland BOND, Mr. BINGAMAN, Mrs. HUTCHISON, sponsors of S. 3089, a bill to authorize (Ms. MIKULSKI) was added as a cospon- Mr. SARBANES, Ms. MIKULSKI, Mr. the design and construction of a tem- sor of S. Con. Res. 130, concurrent reso- KERRY, Mr. MILLER, Mr. EDWARDS, Mr.

VerDate 02-OCT-2000 05:00 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.116 pfrm02 PsN: S18PT1 S10724 CONGRESSIONAL RECORD — SENATE October 18, 2000 VOINOVICH, Mr. WELLSTONE, and Mrs. THURMOND, Mr. BOND, Ms. LANDRIEU, (c) It is the sense of the Senate that all of FEINSTEIN) submitted the following res- Mr. ROBERTS, Mr. SANTORUM, Mr. the people of the United States join the Chief olution; which was considered and HUTCHINSON, Mr. REED, Mr. LIEBERMAN, of Naval Operations and the other members of the Navy in mourning the grievous loss of agreed to: Mr. LEVIN, Mr. KENNEDY, and Mrs. life among the members of the crew of the S. RES. 378 FEINSTEIN) submitted the following res- U.S.S. Cole resulting from the attack on Whereas the guided missile destroyer olution; which was considered and that vessel. U.S.S. COLE (DDG–67) was severely damaged agreed to: SEC. 2. The Senate— on October 12, 2000, when a boat bomb ex- S. RES. 379 (1) recognizes the loss, sacrifice, valor, and ploded alongside that ship while on a refuel- Whereas the Arleigh Burke class destroyer determination of the surviving members of ing stop in Aden, Yemen; U.S.S. Cole (DDG–67) was attacked in the the crew of the U.S.S. Cole; Whereas the explosion resulted in a 40-by- port of Aden, Yemen, on October 12, 2000, ap- (2) extends sympathy to the 39 sailors of 45 foot hole in the port side of the ship at the parently by terrorists who, by insidious ruse, that crew who were injured in the attack on waterline and left seven of the ship’s crew drew along side the vessel in a small boat their vessel; and dead, ten who as of October 17, 2000, are miss- containing powerful explosives that deto- (3) commends the members of the crew for ing and presumed dead, and over three dozen nated next to the hull of the vessel; their remarkable performance, profes- wounded; Whereas the horrific explosion in that at- sionalism, skill, and success in fulfilling Whereas the U.S.S. COLE had stopped in tack resulted in the loss of 17 sailors and in- their duties to support and save the U.S.S. Aden for routine refueling while in transit jury to another 39 sailors, all of them being Cole following the attack. from the Red Sea to the Persian Gulf to con- members of the Navy serving in the crew of SEC. 3. The Secretary of the Senate shall duct forward maritime presence operations the U.S.S. Cole; transmit an enrolled copy of this resolution in the Persian Gulf region as part of the Whereas those sailors who lost their lives to the Chief of Naval Operations, the com- U.S.S. George Washington battle group; made the ultimate sacrifice in the service of manding officer of the U.S.S. Cole, and the Whereas the members of the United States the United States and the Navy; family of each member of the United States Navy killed and wounded in the bombing Whereas all of the remaining members of Navy who was lost in the attack on the were performing their duty in furtherance of the crew of the U.S.S. Cole responded val- U.S.S. Cole (DDG–67) in the port of Aden, the national security interests of the United iantly and courageously to save their ship Yemen, on October 12, 2000. States; from sinking from the explosion and, in so Whereas United States national security doing, proved themselves to be ‘‘Determined AMENDMENTS SUBMITTED interests continue to require the forward de- Warriors’’, the motto of their ship; and ployment of elements of the Armed Forces; Whereas the men and women of the crew of Whereas the members of the Armed Forces the U.S.S. Cole, like all of the men and are routinely called upon to perform duties women of the Armed Forces, are the current EARTH, WIND, AND FIRE that place their lives at risk; patriots who stand ever vigilant against the AUTHORIZATION ACT OF 2000 Whereas the crew members of the U.S.S. attacks of those who seek to undermine COLE who lost their lives as a result of the peace and stability in an uncertain world: bombing of their ship on October 12, 2000, Now, therefore, be it FRIST AMENDMENT NO. 4323 died in the honorable service to the Nation Resolved, That (a) the Senate memorializes and exemplified all that is best in the Amer- Mr. SESSIONS (for Mr. FRIST) pro- those sailors of the Navy who were lost in posed an amendment to the bill (S. ican people; and the despicable attack on the U.S.S. Cole Whereas the heroic efforts of the surviving (DDG–67) on October 12, 2000, in the port of 1639) to authorize appropriations for crew members of the U.S.S. Cole after the at- Aden, Yemen, as follows: carrying out the Earthquake Hazards tack to save their ship and rescue their (1) Richard Costelow, Electronics Techni- Reduction Act of 1977, for the National wounded shipmates are in the highest tradi- cian First Class, of Morrisville, Pennsyl- Weather Service and Related Agencies, tion of the United States Navy: Now, there- vania. and for the United States Fire Admin- fore, be it (2) Cherone Louis Gunn, Signalman Sea- Resolved, That the Senate, in response to istration for fiscal years 2000, 2001, and man Recruit, of Rex, Georgia. 2002; as follows: the terrorist bombing attack on the U.S.S. (3) James Rodrick McDaniels, Seaman, of Strike out all after the enacting clause and COLE (DDG–67) on October 12, 2000, while on Norfolk, Virginia. insert the following: a refueling stop in Aden, Yemen, hereby— (4) Craig Bryan Wibberley, Seaman Ap- (1) honors the members of the crew of the prentice, of Williamsport, Maryland. SECTION 1. SHORT TITLE. U.S.S. COLE who died as a result of that at- (5) Timothy Lamont Saunders, Operations This Act may be cited as the ‘‘Earthquake tack and sends heartfelt condolences to their Specialist Second Class, of Ringold, Virginia. Hazards Reduction Authorization Act of families, friends, and loved ones; (6) Lakiba Nicole Palmer, Seaman Recruit, 2000’’. (2) honors the members of the crew of the of San Diego, California. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. U.S.S. COLE who were wounded in the at- (7) Andrew Triplett, Ensign, of Macon, Mis- (a) FEDERAL EMERGENCY MANAGEMENT tack for their service and sacrifice, expresses sissippi. AGENCY.—Section 12(a)(7) of the Earthquake its hopes for their rapid and complete recov- (8) Lakeina Monique Francis, Mess Man- Hazards Reduction Act of 1977 (42 U.S.C. ery, and extends its sympathies to their fam- agement Specialist, of Woodleaf, North Caro- 7706(a)) is amended— ilies; lina. (1) by striking ‘‘and’’ after ‘‘1998’’, and (3) commends the crew of the U.S.S. COLE (9) Timothy Lee Gauna, Information Sys- (2) by striking ‘‘1999.’’ and inserting ‘‘1999; for their heroic damage control efforts; and tems Technician Seaman, of Rice, Texas. $19,861,000 for the fiscal year ending Sep- (4) condemns the attack against the U.S.S. (10) Ronald Scott Owens, Electronics War- tember 30, 2001, of which $450,000 is for Na- COLE as an unprovoked and cowardly act of fare Technician Third Class, of Vero Beach, tional Earthquake Hazard Reduction Pro- terrorism. Florida. gram-eligible efforts of an established multi- (11) Patrick Howard Roy, Fireman Appren- state consortium to reduce the unacceptable SENATE RESOLUTION 379— tice, of Cornwall on the Hudson, New York. threat of earthquake damages in the New (12) Kevin Shawn Rux, Electronics Warfare Madrid seismic region through efforts to en- MEMORALIZING THE SAILORS OF Technician Second Class, of Portland, North hance preparedness, response, recovery, and THE NAVY LOST IN THE ATTACK Dakota. mitigation; $20,705,000 for the fiscal year end- ON THE U.S.S. ‘‘COLE’’ (DDG–67) (13) Ronchester Manangan Santiago, Mess ing September 30, 2002; and $21,585,000 for the IN THE PORT OF ADEN, YEMEN, Management Specialist Third Class, of fiscal year ending September 30, 2003.’’. ON OCTOBER 12, 2000; EXTENDING Kingsville, Texas. (b) UNITED STATES GEOLOGICAL SURVEY.— CONDOLENCES TO THEIR FAMI- (14) Gary Graham Swenchonis, Jr., Fire- Section 12(b) of the Earthquake Hazards Re- LIES AND OTHER LOVED ONES; man, of Rockport, Texas. duction Act of 1977 (42 U.S.C. 7706(b)) is EXTENDING SYMPATHY TO THE (15) Kenneth Eugene Clodfelter, Hull Main- amended— tenance Technician Third Class, of Mechan- (1) by inserting after ‘‘operated by the MEMBERS OF THE CREW OF icsville, Virginia. Agency.’’ the following: ‘‘There are author- THAT VESSEL WHO WERE IN- (16) Mark Ian Neito, Engineman Second ized to be appropriated to the Secretary of JURED IN THE ATTACK AND Class, of Fond du Lac, Wisconsin. the Interior for purposes of carrying out, COMMENDING THE ENTIRE CREW (17) Joshua Langdon Parlett, Engineman through the Director of the United States FOR ITS PERFORMANCE AND Fireman, of Churchville, Maryland. Geological Survey, the responsibilities that PROFESSIONALISM IN SAVING (b) The Senate extends condolences to the may be assigned to the Director under this THE U.S.S. ‘‘COLE’’ members of the families, other loved ones, Act $48,360,000 for fiscal year 2001, of which and shipmates of those devoted sailors who $3,500,000 is for the Global Seismic Network By Ms. SNOWE (for herself, Mr. made the ultimate sacrifice in the service of and $100,000 is for the Scientific Earthquake MCCAIN, Mr. ROBB, Mr. INHOFE, Mr. the United States. Studies Advisory Committee established

VerDate 02-OCT-2000 05:13 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.120 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10725

under section 10 of the Earthquake Hazards tion Act of 2000, the Director of the United ‘‘(1) GUIDANCE.—The Agency shall each Reduction Act of 2000; $50,415,000 for fiscal States Geological Survey shall transmit to year provide guidance to the other Program year 2002, of which $3,600,000 is for the Global the Congress a 5-year management plan for agencies concerning the preparation of re- Seismic Network and $100,000 is for the Sci- establishing and operating the Advanced Na- quests for appropriations for activities re- entific Earthquake Studies Advisory Com- tional Seismic Research and Monitoring Sys- lated to the Program, and shall prepare, in mittee; and $52,558,000 for fiscal year 2003, of tem. The plan shall include annual cost esti- conjunction with the other Program agen- which $3,700,000 is for the Global Seismic mates for both modernization and operation, cies, an annual Program budget to be sub- Network and $100,000 is for the Scientific milestones, standards, and performance mitted to the Office of Management and Earthquake Studies Advisory Committee; goals, as well as plans for securing the par- Budget. (2) by striking ‘‘and’’ at the end of para- ticipation of all existing networks in the Ad- ‘‘(2) REPORTS.—Each Program agency shall graph (1); vanced National Seismic Research and Moni- include with its annual request for appro- (3) by striking ‘‘1999,’’ at the end of para- toring System and for establishing new, or priations submitted to the Office of Manage- graph (2) and inserting ‘‘1999;’’; and enhancing existing, partnerships to leverage ment and Budget a report that— (4) by inserting after paragraph (2) the fol- resources. ‘‘(A) identifies each element of the pro- lowing: ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— posed Program activities of the agency; ‘‘(3) $9,000,000 of the amount authorized to ‘‘(1) EXPANSION AND MODERNIZATION.—In ad- ‘‘(B) specifies how each of these activities be appropriated for fiscal year 2001; dition to amounts appropriated under sec- contributes to the Program; and ‘‘(4) $9,250,000 of the amount authorized to tion 12(b), there are authorized to be appro- ‘‘(C) states the portion of its request for be appropriated for fiscal year 2002; and priated to the Secretary of the Interior, to appropriations allocated to each element of ‘‘(5) $9,500,000 of the amount authorized to be used by the Director of the United States the Program.’’. be appropriated for fiscal year 2003,’’. Geological Survey to establish the Advanced SEC. 7. REPORT ON AT-RISK POPULATIONS. (c) REAL-TIME SEISMIC HAZARD WARNING National Seismic Research and Monitoring Not later than one year after the date of SYSTEM.—Section 2(a)(7) of the Act entitled System— the enactment of this Act, and after a period ‘‘An Act To authorization appropriations for ‘‘(A) $33,500,000 for fiscal year 2002; for public comment, the Director of the Fed- carrying out the Earthquake Hazards Reduc- ‘‘(B) $33,700,000 for fiscal year 2003; eral Emergency Management Agency shall tion Act of 1977 for fiscal years 1998 and 1999, ‘‘(C) $35,100,000 for fiscal year 2004; transmit to the Congress a report describing and for other purposes (111 Stat. 1159; 42 ‘‘(D) $35,000,000 for fiscal year 2005; and the elements of the Program that specifi- U.S.C. 7704 nt) is amended by striking ‘‘1999.’’ ‘‘(E) $33,500,000 for fiscal year 2006. cally address the needs of at-risk popu- and inserting ‘‘1999, $2,600,000 for fiscal year ‘‘(2) OPERATION.—In addition to amounts lations, including the elderly, persons with 2001, $2,710,000 for fiscal year 2002, and appropriated under section 12(b), there are disabilities, non-English-speaking families, $2,825,000 for fiscal year 2003.’’. authorized to be appropriated to the Sec- single-parent households, and the poor. Such (d) NATIONAL SCIENCE FOUNDATION.—Sec- retary of the Interior, to be used by the Di- report shall also identify additional actions tion 12(c) of the Earthquake Hazards Reduc- rector of the United States Geological Sur- that could be taken to address those needs tion Act of 1977 (42 U.S.C. 7706(c)) is amend- vey to operate the Advanced National Seis- and make recommendations for any addi- ed— mic Research and Monitoring System— tional legislative authority required to take (1) by striking ‘‘1998, and’’ and inserting ‘‘(A) $4,500,000 for fiscal year 2002; and such actions. ‘‘1998,’’; and ‘‘(B) $10,300,000 for fiscal year 2003.’’. SEC. 8. PUBLIC ACCESS TO EARTHQUAKE INFOR- (2) by striking ‘‘1999.’’ and inserting ‘‘1999, SEC. 5. NETWORK FOR EARTHQUAKE ENGINEER- MATION. and (5) $19,000,000 for engineering research ING SIMULATION. Section 5(b)(2)(A)(ii) of the Earthquake and $11,900,000 for geosciences research for The Earthquake Hazards Reduction Act of Hazards Reduction Act of 1977 (42 U.S.C. the fiscal year ending September 30, 2001. 1977 (42 U.S.C. 7701 et seq.) is amended by 7704(b)(2)(A)(ii)) is amended by inserting ‘‘, There are authorized to be appropriated to adding at the end the following new section: and development of means of increasing pub- the National Science Foundation $19,808,000 ‘‘SEC. 14. NETWORK FOR EARTHQUAKE ENGI- lic access to available locality-specific infor- for engineering research and $12,406,000 for NEERING SIMULATION. mation that may assist the public in pre- geosciences research for fiscal year 2002 and ‘‘(a) ESTABLISHMENT.—The Director of the paring for or responding to earthquakes’’ $20,650,000 for engineering research and National Science Foundation shall establish after ‘‘and the general public’’. $12,933,000 for geosciences research for fiscal the George E. Brown, Jr. Network for Earth- SEC. 9. LIFELINES. year 2003.’’. quake Engineering Simulation that will up- Section 4(6) of the Earthquake Hazards Re- (e) NATIONAL INSTITUTE OF STANDARDS AND grade, link, and integrate a system of geo- duction Act of 1977 (42 U.S.C. 7703(6)) is TECHNOLOGY.—Section 12(d) of the Earth- graphically distributed experimental facili- amended by inserting ‘‘and infrastructure’’ quake Hazards Reduction Act of 1977 (42 ties for earthquake engineering testing of after ‘‘communication facilities’’. U.S.C. 7706(d)) is amended— full-sized structures and their components (1) by striking ‘‘1998, and’’; and inserting SEC. 10. SCIENTIFIC EARTHQUAKE STUDIES AD- and partial-scale physical models. The sys- VISORY COMMITTEE. ‘‘1998,’’; and tem shall be integrated through networking (a) ESTABLISHMENT.—The Director of the (2) by striking ‘‘1999.’’ and inserting ‘‘1999, software so that integrated models and data- United States Geological Survey shall estab- $2,332,000 for fiscal year 2001, $2,431,000 for fis- bases can be used to create model-based sim- lish a Scientific Earthquake Studies Advi- cal year 2002, and $2,534,300 for fiscal year ulation, and the components of the system sory Committee. 2003.’’. shall be interconnected with a computer net- (b) ORGANIZATION.—The Director shall es- SEC. 3. REPEALS. work and allow for remote access, informa- tablish procedures for selection of individ- Section 10 and subsections (e) and (f) of tion sharing, and collaborative research. uals not employed by the Federal Govern- section 12 of the Earthquake Hazards Reduc- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ment who are qualified in the seismic tion Act of 1977 (42 U.S.C. 7705d and 7706 (e) In addition to amounts appropriated under sciences and other appropriate fields and and (f)) are repealed. section 12(c), there are authorized to be ap- may, pursuant to such procedures, select up SEC. 4. ADVANCED NATIONAL SEISMIC RE- propriated $28,200,000 for fiscal year 2001 for to ten individuals, one of whom shall be des- SEARCH AND MONITORING SYSTEM. the Network for Earthquake Engineering ignated Chairman, to serve on the Advisory The Earthquake Hazards Reduction Act of Simulation. In addition to amounts appro- Committee. Selection of individuals for the 1977 (42 U.S.C. 7701 et seq.) is amended by priated under section 12(c), there are author- Advisory Committee shall be based solely on adding at the end the following new section: ized to be appropriated to the National established records of distinguished service, ‘‘SEC. 13. ADVANCED NATIONAL SEISMIC RE- Science Foundation for the Network for and the Director shall ensure that a reason- SEARCH AND MONITORING SYSTEM. Earthquake Engineering Simulation— able cross-section of views and expertise is ‘‘(a) ESTABLISHMENT.—The Director of the ‘‘(1) $24,400,000 for fiscal year 2002; represented. In selecting individuals to serve United States Geological Survey shall estab- ‘‘(2) $4,500,000 for fiscal year 2003; and on the Advisory Committee, the Director lish and operate an Advanced National Seis- ‘‘(3) $17,000,000 for fiscal year 2004.’’. shall seek and give due consideration to rec- mic Research and Monitoring System. The SEC. 6. BUDGET COORDINATION. ommendations from the National Academy purpose of such system shall be to organize, Section 5 of the Earthquake Hazards Re- of Sciences, professional societies, and other modernize, standardize, and stabilize the na- duction Act of 1977 (42 U.S.C. 7704) is amend- appropriate organizations. tional, regional, and urban seismic moni- ed— (c) MEETINGS.—The Advisory Committee toring systems in the United States, includ- (1) by striking subparagraph (A) of sub- shall meet at such times and places as may ing sensors, recorders, and data analysis cen- section (b)(1) and redesignating subpara- be designated by the Chairman in consulta- ters, into a coordinated system that will graphs (B) through (F) of subsection (b)(1) as tion with the Director. measure and record the full range of fre- subparagraphs (A) through (E), respectively; (d) DUTIES.—The Advisory Committee shall quencies and amplitudes exhibited by seis- (2) by striking ‘‘in this paragraph’’ in the advise the Director on matters relating to mic waves, in order to enhance earthquake last sentence of paragraph (1) of subsection the United States Geological Survey’s par- research and warning capabilities. (b) and inserting ‘‘in subparagraph (E)’’; and ticipation in the National Earthquake Haz- ‘‘(b) MANAGEMENT PLAN.—Not later than 90 (3) by adding at the end the following new ards Reduction Program, including the days after the date of the enactment of the subsection: United States Geological Survey’s roles, Earthquake Hazards Reduction Authoriza- ‘‘(c) BUDGET COORDINATION.— goals, and objectives within that Program,

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.121 pfrm02 PsN: S18PT1 S10726 CONGRESSIONAL RECORD — SENATE October 18, 2000

its capabilities and research needs, guidance (b) CONTENTS OF PLAN.—The plan required the Administrator of the United States Fire on achieving major objectives, and estab- by subsection (a) shall include— Administration, in consultation with the Di- lishing and measuring performance goals. (1) a comprehensive mission statement rector of the Federal Emergency Manage- The Advisory Committee shall issue an an- covering the major functions and operations ment Agency, the Director of the National nual report to the Director for submission to of the United States Fire Administration in Institute of Standards and Technology, rep- Congress on or before September 30 of each the areas of training; research, development, resentatives of trade, professional, and non- year. The report shall describe the Advisory test and evaluation; new technology and profit associations, State and local fire- Committee’s activities and address policy non-developmental item implementation; fighting services, and other appropriate enti- issues or matters that affect the United safety; counterterrorism; data collection and ties, shall prepare and transmit to the Com- States Geological Survey’s participation in analysis; and public education; mittee on Science of the House of Represent- the National Earthquake Hazards Reduction (2) general goals and objectives, including atives and the Committee on Commerce, Program. those related to outcomes, for the major Science, and Transportation of the Senate a functions and operations of the United report describing the United States Fire Ad- FIRE ADMINISTRATION States Fire Administration; ministration’s research agenda and including (3) a description of how the goals and ob- AUTHORIZATION ACT OF 2000 a plan for implementing that agenda. jectives identified under paragraph (2) are to (b) CONTENTS OF REPORT.—The report re- be achieved, including operational processes, quired by subsection (a) shall— skills and technology, and the human, cap- (1) identify research priorities; FRIST AMENDMENT NO. 4324 ital, information, and other resources re- (2) describe how the proposed research Mr. SESSIONS (for Mr. FRIST) pro- quired to meet those goals and objectives; agenda will be coordinated and integrated posed an amendment to the bill (H.R. (4) an analysis of the strengths and weak- with the programs and capabilities of the 1550) to authorize appropriations for nesses of, opportunities for, and threats to National Institute of Standards and Tech- the United States Fire Administration; nology, the Department of Defense, and the United States Fire Administration (5) an identification of the fire-related ac- other Federal agencies; for fiscal years 2000 and 2001, and for tivities of the National Institute of Stand- (3) identify potential roles of academic, other purposes, as follows: ards and Technology, the Department of De- trade, professional, and non-profit associa- Strike out all after the enacting clause and fense, and other Federal agencies, and a dis- tions, and other research institutions in insert the following: cussion of how those activities can be coordi- achieving the research agenda; SECTION 1. SHORT TITLE. nated with and contribute to the achieve- (4) provide cost estimates, anticipated per- This Act may be cited as the ‘‘Fire Admin- ment of the goals and objectives identified sonnel needs, and a schedule for completing istration Authorization Act of 2000’’. under paragraph (2); the various elements of the research agenda; (6) a description of objective, quantifiable (5) describe ways to leverage resources SEC. 2. AUTHORIZATION OF APPROPRIATIONS. performance goals needed to define the level through partnerships, cooperative agree- Section 17(g)(1) of the Federal Fire Preven- of performance achieved by program activi- ments, and other means; and tion and Control Act of 1974 (15 U.S.C. ties in training, research, data collection and (6) discuss how the proposed research agen- 2216(g)(1)) is amended— analysis, and public education, and how da will enhance training, improve State and (1) by striking ‘‘and’’ at the end of subpara- these performance goals relate to the gen- local firefighting services, impact standards graph (G); eral goals and objectives in the strategic and codes, increase firefighter and public (2) by striking the period at the end of sub- plan; safety, and advance firefighting techniques. paragraph (H) and inserting a semicolon; and (7) an identification of key factors external (c) USE IN PREPARING STRATEGIC PLAN.— (3) by adding at the end the following: to the United States Fire Administration The research agenda prepared under this sec- ‘‘(I) $44,753,000 for fiscal year 2001, of which and beyond its control that could affect sig- tion shall be used in the preparation of the $3,000,000 is for research activities, and nificantly the achievement of the general strategic plan required by section 302. $250,000 may be used for contracts or grants goals and objectives; SEC. 5. SURPLUS AND EXCESS FEDERAL EQUIP- to non-Federal entities for data analysis, in- (8) a description of program evaluations MENT. cluding general fire profiles and special fire used in establishing or revising general goals The Federal Fire Prevention and Control analyses and report projects, and of which and objectives, with a schedule for future Act of 1974 is amended by adding at the end $6,000,000 is for anti-terrorism training, in- program evaluations; the following new section: cluding associated curriculum development, (9) a plan for the timely distribution of in- ‘‘SEC. 33. SURPLUS AND EXCESS FEDERAL EQUIP- for fire and emergency services personnel; formation and educational materials to MENT. ‘‘(J) $47,800,000 for fiscal year 2002, of which State and local firefighting services, includ- ‘‘The Administrator shall make publicly $3,250,000 is for research activities, and ing volunteer, career, and combination serv- available, including through the Internet, in- $250,000 may be used for contracts or grants ices throughout the United States; formation on procedures for acquiring sur- to non-Federal entities for data analysis, in- (10) a description of how the strategic plan plus and excess equipment or property that cluding general fire profiles and special fire prepared under this section will be incor- may be useful to State and local fire, emer- analyses and report projects, and of which porated into the strategic plan and the per- gency, and hazardous material handling $7,000,000 is for anti-terrorism training, in- formance plans and reports of the Federal service providers.’’. cluding associated curriculum development, Emergency Management Agency; SEC. 6. COOPERATIVE AGREEMENTS WITH FED- for fire and emergency services personnel; (11)(A) a description of the current and ERAL FACILITIES. and planned use of the Internet for the delivery The Federal Fire Prevention and Control ‘‘(K) $50,000,000 for fiscal year 2003, of which of training courses by the National Fire Act of 1974, as amended by section 304, is $3,500,000 is for research activities, and Academy, including a listing of the types of amended by adding at the end the following $250,000 may be used for contracts or grants courses and a description of each course’s new section: to non-Federal entities for data analysis, in- provisions for real time interaction between ‘‘SEC. 34. COOPERATIVE AGREEMENTS WITH FED- cluding general fire profiles and special fire instructor and students, the number of stu- ERAL FACILITIES. analyses and report projects, and of which dents enrolled, and the geographic distribu- ‘‘The Administrator shall make publicly $8,000,000 is for anti-terrorism training, in- tion of students, for the most recent fiscal available, including through the Internet, in- cluding associated curriculum development year; formation on procedures for establishing co- for fire and emergency services personnel.’’. (B) an assessment of the availability and operative agreements between State and None of the funds authorized for fiscal year actual use by the National Fire Academy of local fire and emergency services and Fed- 2002 may be obligated unless the Adminis- Federal facilities suitable for distance edu- eral facilities in their region relating to the trator has verified to the Committee on cation applications, including facilities with provision of fire and emergency services.’’. Science of the House of Representatives and teleconferencing capabilities; and SEC. 7. NEED FOR ADDITIONAL TRAINING IN the Committee on Commerce, Science, and (C) an assessment of the benefits and prob- COUNTERTERRORISM. Transportation of the Senate that the obli- lems associated with delivery of instruc- (a) IN GENERAL.—The Administrator of the gation of funds is consistent with the stra- tional courses using the Internet, including United States Fire Administration shall con- tegic plan transmitted under section 302 of limitations due to network bandwidth at duct an assessment of the need for additional this Act.’’. training sites, the availability of suitable capabilities for Federal counterterrorism SEC. 3. STRATEGIC PLAN. course materials, and the effectiveness of training of emergency response personnel. (a) REQUIREMENT.—Not later than April 30, such courses in terms of student perform- (b) CONTENTS OF ASSESSMENT.—The assess- 2001, the Administrator of the United States ance; ment conducted under this section shall in- Fire Administration shall prepare and trans- (12) timeline for implementing the plan; clude— mit to the Committee on Science of the and (1) a review of the counterterrorism train- House of Representatives and the Committee (13) the expected costs for implementing ing programs offered by the United States on Commerce, Science, and Transportation the plan. Fire Administration and other Federal agen- of the Senate a 5-year strategic plan of pro- SEC. 4. RESEARCH AGENDA. cies; gram activities for the United States Fire (a) REQUIREMENT.—Not later than 120 days (2) an estimate of the number and types of Administration. after the date of the enactment of this Act, emergency response personnel that have,

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.124 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10727 during the period between January 1, 1994, SEC. 11. NATIONAL FIRE ACADEMY CURRICULUM (2) by redesignating subsection (h) as sub- and October 1, 1999, sought training de- REVIEW. section (g). scribed in paragraph (1), but have been un- (a) IN GENERAL.—The Administrator of the (c) OFFICERS AND EMPLOYEES.—Section able to receive that training as a result of United States Fire Administration, in con- 151304 of title 36, United States Code, is the oversubscription of the training capabili- sultation with the Board of Visitors and rep- amended— ties; and resentatives of trade and professional asso- (1) by striking ‘‘not more than 2’’ in sub- (3) a recommendation on the need to pro- ciations, State and local firefighting serv- section (a); and vide additional Federal counterterrorism ices, and other appropriate entities, shall (2) by striking ‘‘are not’’ in subsection training centers, including— conduct a review of the courses of instruc- (b)(1) and inserting ‘‘shall not be consid- (A) An analysis of existing Federal facili- tion available at the National Fire Academy ered’’. ties that could be used as counterterrorism to ensure that they are up-to-date and com- (d) SUPPORT BY THE ADMINISTRATOR.—Sec- training facilities; and plement, not duplicate, courses of instruc- tion 151307(a)(1) of title 36, United States (B) a cost-benefit analysis of the establish- tion offered elsewhere. Not later than 180 Code, is amended— ment of such counterterrorism training fa- days after the date of enactment of this Act, (1) by striking ‘‘The Administrator’’ and cilities. the Administrator shall prepare and submit inserting ‘‘During the 10-year period begin- (c) REPORT.—Not later than 180 days after a report to the Committee on Science of the ning on the date of enactment of the Fire the date of the enactment of this Act, the House of Representatives and the Committee Administration Authorization Act of 2000, Administrator shall prepare and submit to on Commerce, Science, and Transportation the Administrator’’; and the Congress a report on the results of the of the Senate. (2) by striking ‘‘shall’’ in subparagraph (B) assessment conducted under this section. (b) CONTENTS OF REPORT.—The report re- and inserting ‘‘may’’. SEC. 8. WORCESTER POLYTECHNIC INSTITUTE quired by subsection (a) shall— FIRE SAFETY RESEARCH PROGRAM. (1) examine and assess the courses of in- From the funds authorized to be appro- struction offered by the National Fire Acad- PRIVILEGE OF THE FLOOR priated by section 2, $1,000,000 may be ex- emy; (2) identify redundant and out-of-date Mr. HARKIN. Mr. President, I ask pended for the Worcester Polytechnic Insti- unanimous consent that a staff mem- tute fire safety research program. courses of instruction; (3) examine the current and future impact ber, Sally Phillips, be granted the SEC. 9. INTERNET AVAILABILITY OF INFORMA- of information technology on National Fire TION. privilege of the floor for debate during Academy curricula, methods of instruction, Upon the conclusion of the research under consideration of the Agriculture appro- and delivery of services; and priations bill. a research grant or award of $50,000 made (4) make recommendations for updating with funds authorized by this Act (or any the curriculum, methods of instruction, and The PRESIDING OFFICER. Without Act amended by this Act), the Administrator delivery of services by the National Fire objection, it is so ordered. of the United States Fire Administration Academy considering current and future shall make available through the Internet needs, State-based curricula, advances in in- home page of the Administration a brief formation technologies, and other relevant DEATH OF GOVERNOR MEL summary of the results and importance of factors. CARNAHAN such research grant or award. Nothing in SEC. 12. REPEAL OF EXCEPTION TO FIRE SAFETY Mr. BOND. Mr. President, I rise this section shall be construed to require or REQUIREMENT. permit the release of any information pro- today to share with my colleagues the (a) REPEAL.—Section 4 of Public Law 103– sadness that all of us in Missouri feel hibited by law or regulation from being re- 195 (107 Stat. 2298) is hereby repealed. leased to the public. (b) EFFECTIVE DATE.—Subsection (a) shall this week. This has been a very, very SEC. 10. CONFORMING AMENDMENTS AND RE- take effect 1 year after the date of the enact- sad week for us. PEALS. ment of this Act. Late Monday evening, we lost our (a) 1974 ACT.— SEC. 13. NATIONAL FALLEN FIREFIGHTERS Governor, Mel Carnahan, along with (1) IN GENERAL.—The Federal Fire Preven- FOUNDATION TECHNICAL CORREC- his son, Randy, and a top aide, Chris tion and Control Act of 1974 (15 U.S.C. 2201 et TIONS. Sifford, who were killed tragically in a seq.) is amended— (a) PURPOSES.—Section 151302 of title 36, (A) by striking subsection (b) of section 10 United States Code, is amended— plane crash. (15 U.S.C. 2209) and redesignating subsection (1) by striking paragraph (1) and inserting Nearly having completed two terms (c) of that section as subsection (b); the following: as Governor, Mel Carnahan was in a (B) by striking sections 26 and 27 (15 U.S.C. ‘‘(1) primarily— heated race for the Senate with our 2222; 2223); ‘‘(A) to encourage, accept, and administer colleague, JOHN ASHCROFT. Mel (C) by striking ‘‘(a) The’’ in section 24 (15 private gifts of property for the benefit of Carnahan was a devoted husband, fa- U.S.C. 2214) and inserting ‘‘The’’; and the National Fallen Firefighters’ Memorial ther, and grandfather as well as a pub- and the annual memorial service associated (D) by striking subsection (b) of section 24. lic servant who had devoted much of (2) REFERENCES TO SECRETARY.—The Fed- with the memorial; and eral Fire Prevention and Control Act of 1974 ‘‘(B) to, in coordination with the Federal his career and much of his adult life to (15 U.S.C. 2201 et seq.) is amended— Government and fire services (as that term serving the people of our State. (A) in section 3 (15 U.S.C. 2203)— is defined in section 4 of the Federal Fire The news of Governor Carnahan’s (i) by inserting ‘‘and’’ after the semicolon Prevention and Control Act of 1974 (15 U.S.C. very untimely and tragic death serves in paragraph (7); 2203)), plan, direct, and manage the memorial as a reminder to all of us of the pre- (ii) by striking paragraph (8); and service referred to in subparagraph (A);’’; ciousness of life and its unpredict- (iii) by redesignating paragraph (9) as para- (2) by inserting ‘‘and Federal’’ in para- graph (2) after ‘‘non-Federal’’; ability. graph (8); Our thoughts, our prayers, and our (B) by striking paragraph (2) of section (3) paragraph (3)— 15(a) (15 U.S.C. 2214(a)) and inserting the fol- (A) by striking ‘‘State and local’’ and in- sympathy go out to his wife Jean, to lowing: serting ‘‘Federal, State, and local’’; and his daughter Robin, to his sons, Russ ‘‘(2) the Director’s Award For Distin- (B) by striking ‘‘and’’ after the semicolon; and Tom, and his grandchildren during (4) by striking ‘‘firefights.’’ in paragraph guished Public Safety Service (Director’s this difficult time. We also extend our (4) and inserting ‘‘firefighters;’’; and Award’)’’; (5) by adding at the end the following: deepest sympathies to all the people (C) by striking ‘‘Secretary’s Award’’ each ‘‘(5) to provide for a national program to who worked closely with him and con- place it appears in section 15 (15 U.S.C. 2214) assist families of fallen firefighters and fire sidered him their close friend. None of after subsection (a) and inserting ‘‘Director’s departments in dealing with line-of-duty us can pretend to understand the pain Award’’; and deaths of those firefighters; and (D) by striking ‘‘Secretary’’ each place it they must feel at this time. ‘‘(6) to promote national, State, and local But I hope they will find comfort in appears in section 15 (15 U.S.C. 2214) after initiatives to increase public awareness of subsection (a), in section 16(a) (15 U.S.C. fire and life safety.’’ knowing that their husband, father, 2215(a)), and in section 21(c) (15 U.S.C. 2218(c)) (b) BOARD OF DIRECTORS.—Section 151303 of grandfather, and friend will have a and inserting ‘‘Director’’. title 36, United States Code, is amended— lasting impact on many lives. The (b) DEPARTMENT OF COMMERCE.—Section 12 (1) by striking subsections (f) and (g) and fruits of Mel Carnahan’s efforts will be of the Act of February 14, 1903 (15 U.S.C. 1511) inserting the following: felt in our State for many years to is amended— ‘‘(f) STATUS AND COMPENSATION.— come. He presided over a period of eco- (1) by inserting ‘‘and’’ after ‘‘Census;’’ in ‘‘(1) Appointment to the board shall not paragraph (5); constitute employment by or the holding of nomic growth in our State. He worked (2) by striking paragraph (6); and an office of the United States. hard to reform Missouri’s welfare sys- (3) by redesignating paragraph (7) as para- ‘‘(2) Members of the board shall serve with- tem, crime laws, and educational sys- graph (6). out compensation.’’; and tem.

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.132 pfrm02 PsN: S18PT1 S10728 CONGRESSIONAL RECORD — SENATE October 18, 2000 Mel Carnahan and I were friends for a our lives are richer for it, and for his Mr. LAUTENBERG. Mr. President, I long time—probably 30 years. It is no friendship. understand we are in morning business; secret that we were often political op- Our thoughts and prayers are with is that correct? ponents. We disagreed on a lot of his family and his friends in Missouri. The PRESIDING OFFICER. The Sen- things, and he was a tough opponent; Mr. CONRAD. Mr. President, I too ator is correct. no question about that. want to speak about the former Gov- A couple of years ago when I was get- ernor of Missouri, Mel Carnahan. WORLD PEACE ting ready to run for reelection, there Over the last 3 weeks, I was engaged, was some thought that we might have along with my colleague, Senator DOR- Mr. LAUTENBERG. Mr. President, I to run against each other. But at that GAN, in intense negotiations with Gov- take a few minutes to discuss some- time, he chose to stay in Jefferson City ernor Carnahan and the two Senators thing that has been in front of our eyes and serve the people of Missouri for the from Missouri with respect to a major and in front of our minds these last remainder of his term as Governor. water project in our State, the Dakota couple of weeks; that is, the turmoil we When asked why he entered public Water Resources Act. are witnessing in the Middle East. service, Governor Carnahan said he was We had the opportunity to talk to Those horrible pictures of young people inspired by the words of Adlai Ste- Governor Carnahan directly, and we engaged in violence and paying a ter- venson, who said public service was a talked to his top staff repeatedly. I rible price for the consequence of that found him to be a fierce advocate for ‘‘high calling,’’ and he urged young violence. Not just the young people— the people of Missouri, just as I have people to get involved. women, children, young men. Mel Carnahan lived his belief that found Senator BOND and Senator I think it is fair to say that everyone public service was a ‘‘high calling.’’ He ASHCROFT to be fierce advocates for the who sees what is taking place wishes it weren’t happening. The question is brought the best of himself to the job. people of Missouri. We have had a difficult time reaching raised about our responsibility and He loved Missouri and Missourians. He conclusion on our water project be- what do we do about it. Is there an op- loved rural Missouri and his adopted cause of objections from the State of portunity for us to lend peace a hand, hometown of Rolla, MO. He always Missouri. But the representatives of to see whether or not we can encourage wanted the best for our State. While that State—Senator BOND, Senator the reduction of violence, the elimi- the two of us may only have agreed on ASHCROFT, and Governor Carnahan— nation of the confrontation with stones a handful of issues in 30 years, when it worked in good faith with us, all the and tanks and guns, to see if there isn’t came time to defend the interests of while protecting vigorously and aggres- something more that we could do than Missouri, we fought arm in arm to- sively the interests of their State. I re- to simply be a witness. gether. Some of you may recall a few spect that. That is what representa- Mr. President, I commend President battles we had on behalf of Missouri tives are supposed to do. Clinton’s efforts. He has been such a and the neighbors of the Missouri River I found Governor Carnahan to be ab- wonderful peacemaker in his term of in a battle against the Fish and Wild- solutely ferocious on the issues that he office. life Service. thought were important to the people I have been to the places he has ex- But in the end, a man’s position on of his State. When I heard the news erted some effort, i.e., Ireland. I was the issues of the day is only a small that he had been killed in a tragic there many years ago and met with measure of his life. plane accident, it saddened me. It sad- people in the north and met people In this age of multimillion-dollar dened our family because we are cer- from the Republic. I talked to Catho- campaign advertising budgets and tain that the Carnahans are suffering lics and Protestants and tried to help media consultants, Gov. Mel Carnahan greatly. And the people of Missouri make adjustments in our funding sup- still believed in keeping in touch with have had a terrible loss. port so it would be more balanced, bal- individual Missourians. He died while It reminded me of a similar incident anced towards those people who needed attempting to get to a campaign event with a Missouri Senate candidate more help while asking those who did not to in a small town in Missouri that maybe than 20 years ago, Congressman Litton, at least participate in a nonviolent few outside our State ever heard of. As who was also killed in a light plane manner to get the killing and the may- Governor, he crisscrossed our State crash in that State. It almost makes hem stopped. endlessly, visiting schools and farms, one wonder if Missouri is somehow star President Clinton took the initiative veterans, and highway dedications. He crossed with leaders of that caliber—so there. He sent Senator Mitchell, one of worked hard and Missourians loved widely respected by the people of their our very good friends from this place, a him for it. Twice they elected him by States—being lost in these tragic acci- distinguished Senator; a distinguished large margins to the highest office in dents. judge before he came to the Senate. He our State. I send my best wishes to the worked tirelessly. He would get the I particularly admired and appre- Carnahan family and to people all over two sides to at least stop shooting at ciated the friendship we had as polit- the country who are grieving at the one another and come to the negoti- ical opponents, as people committed to loss of the Governor of that great ating table. It has had a shaky peace public service in our State. State. We are thinking of the family arrangement, but at least people are I was with him on Saturday at the and thinking of the friends and staff of not dying. And if they are, it is an ex- homecoming for the University of Mis- Governor Carnahan. ceptional occasion and not the usual souri. We shared a common interest on As I say, I have had several weeks in thing. that day; our football team didn’t do which I talked frequently to the Gov- I was in Kosovo and Bosnia with well. But Mel Carnahan, with a ready ernor’s chief of staff and the head of his other Members of the Senate and saw smile and a lovely wife, was there. We department of natural resources. I the unacceptable behavior of the lead- enjoyed our time together as we appre- found them to be very good people, ership there, as they committed the ciated and looked back on the tremen- very decent people—very difficult to genocidal acts against innocent people. dous accomplishments he had and the negotiate with but very good people. We became engaged, and it was a tough contributions he made to the State of We share their loss. fight to become a part of the peace- Missouri. I yield the floor, and I suggest the ab- making structure. We didn’t always At a commencement speech in his sence of a quorum. agree with our friends in Europe about town of Rolla last year, Governor The PRESIDING OFFICER. The whether or not it was in their interests Carnahan told graduates, ‘‘Each of you clerk will call the roll. or our interests. I think we have seen was put on this Earth for a reason . . . The legislative clerk proceeded to that too many times. life is precious and fragile . . . and call the roll. I was a veteran during the war a long each of us has such a short time to Mr. LAUTENBERG. Mr. President, I time ago. I enlisted in the Army. Even make our mark on the world that we ask unanimous consent that the order in those early days in the last century must not waste it.’’ for the quorum call be rescinded. when Hitler started to invade neigh- Surely Mel Carnahan wasted no time. The PRESIDING OFFICER. Without boring countries, killing people, sepa- He made the most of every minute, and objection, it is so ordered. rating groups from one another so they

VerDate 02-OCT-2000 05:02 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.135 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10729 could be attacked in an organized fash- I wonder how many people are say- try and stop the violence and the ion, there were people, I understand, as ing, do we have an interest, a national Israelis were cooperating. They per- I read the history, who questioned interest in what is taking place there mitted the reopening of the Gaza air- whether it was something in which the when terrorism is allowed to flourish, port. I was there the week before that United States should become involved. and included in that activity are Amer- airport was opened. I was so positive Before we knew it, we had no choice. ican citizens, those who were there to about it bringing an opportunity to the When our ships were attacked in Pearl maintain the peace? Palestinian people in Gaza to have Harbor, we were in it 110 percent, with The other day we passed a piece of their economy lifted, to have their some 15 million people in uniform. We legislation which I had the privilege of hopes and spirits lifted at the same fought hard. Hearts were broken. Fam- authoring that compensated victims of time, that perhaps an improvement in ilies paid a price. Young people died— terrorist activity, families who lost their way of life and their economy among others, but those who were in- people I knew, who lost a daughter in might be possible because they live in volved in the military were young. Israel in an attack on a bus outside the desperate conditions. In the last half of the 20th century, Gaza Strip. She was 20 years old, there We have seen the violence, the riot- democracy flourished in some of those on business, innocent, studying, trying ing, the abuse, the stone throwing. places. We still have troops in Ger- to learn something about a heritage Stone throwing is not an acceptable many, in Japan, in South Korea—50 that she and her family were proud of way of resolving disputes. It does not years later. —killed by a terrorist’s bomb. matter what the weapon is; it is a Sometimes, I must tell you, I do not Iran was held in our courts to be the weapon; and it is designed to intimi- understand it when questions are country of responsibility. We took fur- date and punish a people with whom raised here about our role: Are we ther action based on legislation that there is a disagreement. The Israelis going to be the policeman of the world? had passed through this House that en- retaliated. They have a responsibility, Does it have our interest in it? abled people to bring suits against in my view, to protect their people and I remember the debate on Kosovo and those countries, to attach their assets protect their property, protect their in- Bosnia. There were many who said we that may have been in America. A res- tegrity as a democratic nation. have no business being there. I dis- olution was adopted and the President I did not see any Israeli gloating agreed. I disagreed strongly, and I en- is going to be signing a bill into law about the fact that a Palestinian life couraged us to do what we did. Presi- very shortly permitting the distribu- was taken. We saw some action by dent Clinton and Vice President GORE tion of funds to those families. They some of the so-called settlers in terri- led the charge, if I may say, by making didn’t want the money but they didn’t tories in the West Bank who took ac- certain we protected our pilots and our want other families to have to suffer tion against their Palestinian neigh- military servicepeople wherever they the same consequences they did. bors, and the Prime Minister rebuked were in the area as we took on the task Now we look at the President’s at- them and said: No Jewish Israelis, no of stopping a mad, genocidal attack on tempt to bring peace to Israel and the Israelis should be taking mob rule into people in Kosovo and at times before Palestinians. We do not know whether their own hands and harming people or that in Bosnia itself. It was a wonder- that effort is going to work. But we do killing them. ful conclusion that we lost no one in know that the President did the right He came out against it. combat, but we stopped the killing of thing to assert the presence of America Chairman Arafat in 1993, when he innocent people. Kosovo is being re- and to say we want to see peace in this stood on the lawn at the White House, built. Again, maybe it is a shaky peace area. signed a statement that violence was but a peace. That is the critical issue. We are friendly with both sides in the no way to resolve differences, and he The question was raised, as I said, was dispute there, perhaps friendlier, as I took an oath, practically speaking, that in our national interest? Are we think we should be, in many ways to that he would do whatever he could to going to be the policeman of the world? the democratic nation of Israel because abolish it. Now we are faced with another situa- it is a democracy and people have What we have seen in the last few tion. When terrorism rears its ugly choices about things. But we do not days is inconsistent with that position, head, and when those who want to vio- want to see Palestinians killed. It and we ought to notice it. When the late the safety and well-being of ordi- pained us all to see the picture of that U.N. took up a resolution that blamed nary citizens and take it into their young boy who was shot in a crossfire. Israel for all the problems, I was dis- hands to determine who is wrong and It pained us all to see a couple of sol- appointed that the United States did who is right commit atrocious acts, it diers, who were doing no harm, taken not veto that resolution. But I know in does almost always come home to to a jail and held there as prisoners this administration, this President, the roost. It is proven that at some point until a mob was able to get their hands Vice President, and the Secretary of in time it is in our national interest. on them and lynch them, mutilate State, all have peace in mind. I Our national interest is to protect our them—lynched them not with a rope thought perhaps that was the reason people. Maybe in the process we reach but lynched them in terms of taking we did not veto this resolution but, out to protect others so violence does their lives in a mob attack, parading rather, abstained. Therefore, I do not not spread and we are not looking at their bodies through the streets, muti- second-guess the decision, but I hope if wholesale attacks on innocent people. lating them even as they lay dead. there are more such lopsided resolu- The other day when the U.S.S. Cole It is time for us to ask those who can tions, the United States will veto it was struck by madmen who detonated stop this violence, who can at least and not permit it to continue. bombs that tore the U.S.S. Cole apart, slow it down, at least encourage peace, It is fair to say the Israelis are mak- left a hole in the hull of the U.S.S. to step up and do so and not hold out ing a genuine effort to stop the vio- Cole, in a ship that was designed to a friendly American hand to those who lence. And on the Palestinian side, withstand torpedoes and other pieces of will not. they want it stopped. We heard Prime military weaponry, and killed 17 peo- I welcomed Mr. Arafat here in 1993. I Minister Barak talking about it. They ple, if one read the biography of so was amazed to see Prime Minister do not want to kill Palestinians. They many of them who died, they were Rabin; the President of the United do not want to injure people on the young: 19, 20 years old. I enlisted when States; and the Chairman of the Pales- other side of the issue, but it is fair to I was 18. It is so very young. And 37 tinian Authority, Yasser Arafat; shak- say, Mr. Arafat, I was one in the Sen- more, I think the number is, were ing hands because I had only known ate who supported financial assistance wounded, many of them seriously about Yasser Arafat in an earlier time for the Palestinians when they signed wounded, and just brought home. when he wore a gun on his hip and went the agreement to establish a peaceful Today I know there was a memorial to the United Nations and held the gun relationship. I was one of those who en- service in Norfolk, VA, for those who up as a manifestation of his view of couraged it. I was one of those who said died. The President was there. He made how disputes are resolved. the Palestinians needed some hope and certain he got back from Egypt on Now we see what is happening, even some expectation that their lives time to be there. though there was a tacit agreement to would improve, that their standard of

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.148 pfrm02 PsN: S18PT1 S10730 CONGRESSIONAL RECORD — SENATE October 18, 2000 living would be better, that their chil- do, Mr. Arafat, when you came here in tember 2000, and the subsequent violence dren could get an education, that they 1993, when we sat around dinner tables there and at other Holy Places, as well as in could have the proper health services together, when I visited you in Jericho, other areas throughout the territories occu- they needed. and we talked in such friendly fashion pied by Israel since 1967, resulting in over 80 Palestinian deaths and many other casual- I was filled with hope. I wanted to that I walked away believing we were ties; make certain that we showed our good seeing the accomplishment of miracles, 2. Condemns acts of violence, especially faith by doing something positive for small though they may be. the excessive use of force against Palestin- the Palestinians. So I wish both sides the best wish I ians, resulting in injury and loss of human I know Israel very well. I have visited can, and that is for peace, to take care life; there many times, and I know a lot of of your families, save your children by 3. Calls upon Israel, the occupying Power, people there. Yitzhak Rabin was a per- not taking other people’s children, by to abide scrupulously by its legal obligations sonal friend of mine. When he was not taking other people’s lives. and its responsibilities under the Fourth Ge- neva Convention relative to the Protection killed by one of his own people, it was Mr. President, I yield the floor. of Civilian Persons in Time of War of 12 Au- a tragedy felt round the world. The PRESIDING OFFICER. The ma- gust 1949; The nation of Israel continued to try jority whip. 4. Calls for the immediate cessation of vio- to make peace. Prime Minister Barak, Mr. NICKLES. Mr. President, I heard lence, and for all necessary steps to be taken the most heavily decorated soldier in my colleague from New Jersey making to ensure that violence ceases, that new pro- the Israeli military, the most highly a very eloquent statement concerning vocative actions are avoided, and that the decorated soldier, is a prominent the violence in the Middle East. I cer- situation returns to normality in a way peacemaker. He wants to establish tainly share his concern and his wish which promotes the prospects for the Middle East peace process; peace. He has seen war at its worst. that peace will be restored amongst the 5. Stresses the importance of establishing a That is why he has the medals that re- Palestinians and the Israelis. mechanism for a speedy and objective in- flect heroism, bravery, and valor, but I also heard him compliment the quiry into the tragic events of the last few he did not like the killing. He did what President on his efforts. And I com- days with the aim of preventing their repeti- he had to do to protect his country, pliment the President on his efforts in tion, and welcomes any efforts in this re- and he is doing the same thing now, trying to contain the violence. But I gard; trying to protect his country and is am critical of the administration for a 6. Calls for the immediate resumption of trying to do it without violence, with- couple of things. I am critical of the negotiations within the Middle East peace administration for not vetoing Secu- process on its agreed basis with the aim of out responding violently to the attacks achieving an early final settlement between of his country. He is pleading for there rity Council Resolution 1322, which the Israeli and Palestinian sides; to be peace, some measure of tran- passed the Security Council on October 7. Invites the Secretary-General to con- quillity on both sides. 7. We could have vetoed this resolution. tinue to follow the situation and to keep the So as we mourn the loss of our young It was a biased resolution. It was an Council informed; people, the sailors from the U.S.S. Cole, unbalanced resolution, a resolution 8. Decides to follow closely the situation we wish those who are ill, who are that criticized Israel and did not criti- and to remain seized of the matter. wounded, who are injured, a full and cize the Palestinians. The Palestinians Mr. NICKLES. But it is interesting, speedy recovery. have been very involved in creating a the second statement says it: We also wish we can be witnesses to lot of the violence. This is a one-sided Condemns acts of violence, especially the a more peaceful discussion about where resolution. This administration did not excessive use of force against Palestinians, the relationship between Israel and the veto it, for whatever reason. resulting in injury and loss of human life. Palestinians will go. They can get Now the United Nations is consid- No. 3, it: along—they must get along—to try to ering another resolution, from what I Calls upon Israel, the occupying Power, to resolve every difference. Whether it is understand from press reports and so abide scrupulously by its legal obliga- with slingshots and stones or rifles or on, that very strongly condemns Israel tions. . . . artillery pieces, it is not an appro- and is somewhat silent on the Palestin- It does not say for the Palestinians priate way to resolve those problems. ians. and it does not say for Mr. Arafat to But I do respect Israel’s right to de- Mr. President, I ask unanimous con- abide by its obligations, and it does not fend itself, and I do respect the wishes sent this Security Council resolution talk about the Palestinians and their of many of the people in Palestine, the 1322 be printed in the RECORD. use of force. Palestinian community, to have their There being no objection, the mate- I heard my colleague from New Jer- freedoms enumerated very clearly— rial was ordered to be printed in the sey talk about the fact that Palestin- their capacity to raise their families, RECORD, as follows: ians had a couple of Israelis who were to have an opportunity for the appro- RESOLUTION 1322 (2000) murdered. priate education and standard of living (Adopted by the Security Council at its So my point is that the President of that all people want. 4205th meeting on 7 October 2000) the United States should have urged But I call on Mr. Arafat, Yasser The Security Council, our representative at the United Na- Arafat, with whom I have shaken hands Recalling its resolutions 476 (1980) of 30 tions to veto this, use our veto in the many times—and in the tradition of June 1980, 478 (1980) of 20 August 1980, 672 Security Council to veto this very un- the Middle East, we kissed each other (1990) of 12 October 1990, and 1073 (1996) of 28 balanced, very biased, very anti-Israel on the cheek in good will when I was September 1996, and all its other relevant resolution. And they did not do it. I resolutions, there at Gaza at the opening of the air- Deeply concerned by the tragic events that think that was a mistake. port, when I was there to see the eco- have taken place since 28 September 2000, Now we see more violence. This re- nomic development that was taking that have led to numerous deaths and inju- cent attack on the U.S.S. Cole on Octo- place; I had so much respect for the ries, mostly among Palestinians, ber 12 killed 17 and wounded dozens. I things he was trying to do for his peo- Reaffirming that a just and lasting solu- think many of us were shocked by ple—I send out a plea to him to gather tion to the Arab and Israeli conflict must be that. I heard some of the statements by whatever strength he has to take the based on its resolutions 242 (1967) of 22 No- the Secretary of State, by the Sec- vember 1967 and 338 (1973) of 22 October 1973, leadership of the Palestinian Authority through an active negotiating process, retary of Defense, by the President: and do what he is supposed to as the Expressing its support for the Middle East Boy, we’re going to hold those people, chairman; that is, call for reconcili- peace process and the efforts to reach a final those terrorists, those cowards who ation, call for the end of the violence. settlement between the Israeli and Pales- committed this cowardly deed and Get back to the negotiating table. Air tinian sides and urging the two sides to co- killed innocent U.S. soldiers, account- your differences. Ask the United States operate in these efforts, able. to help. Do not invite imbalance in res- Reaffirming the need for full respect by all Well, Mr. President, I have heard of the Holy Places of the City of Jerusalem, olutions and things such as that. Do and condemning any behaviour to the con- those words before. In many cases in not search for those who have a bias in trary, past history, those words have been a this case to present programs for 1. Deplores the provocation carried out at lot stronger than our deeds. That both- peace. But do what you said you would Al-Haram Al-Sharif in Jerusalem on 28 Sep- ers this Senator. I look back at some of

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.151 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10731 the terrorist activity that has hap- them accountable. What did we do? I am not sure about how the votes pened in the Middle East over the last Once again, we lobbed some cruise mis- went when we decided to go to Kosovo, few years directed at the U.S. citizens siles, and we hit, I guess, a terrorist in deference to my colleague and friend and soldiers, and I am thinking: Wait a camp in Afghanistan. I guess the prin- from Oklahoma. I think there was a minute, I have heard those exact same cipal terrorist we were aiming at was vote not to go to Kosovo by lots of peo- words: We are going to hold these peo- not there. Maybe some people were ple. I am not sure how the Senator ple accountable. And I look at what killed. Maybe those people were di- from Oklahoma voted, but I do know has happened. rectly involved in the bombing; maybe there was sharp resistance: It was not In 1993, we had President Bush—at they weren’t. That is not very tar- in our national interest to stop the that time he was former President geted, in my opinion. We also bombed a killing; it wasn’t in our national inter- Bush. He traveled to Kuwait in April of pharmaceutical plant that we may be est to be on the side of antigenocide, to 1993. He was there April 14 through 16. making significant payments on be- stop the mutilation of communities The Kuwaiti Government captured a cause people determined maybe it and families and people and the abuse van loaded with 180 pounds of explo- wasn’t directly involved. I don’t know. of women, the likes of which has rarely sives. This was an attempt to assas- My point is, this administration has been seen in history. sinate former President Bush. This ad- made very strong statements that we It is not fair to say we have done ministration launched 23 cruise mis- are going to hold people accountable nothing. We have tried. We have sent siles to show they were really upset for attacking U.S. facilities, U.S. sol- dozens of investigators to Yemen, and about that, most of which hit in the diers. We did it again with the U.S.S. we have already made some progress. It sand; some may have hit the targets, Cole. Frankly, we haven’t done it. Our is in the papers. I am not telling any- or at least they are saying that—but a country hasn’t done it. Maybe we thing from the Intelligence Committee. pretty mild response. lobbed some cruise missiles and maybe But we have already found explosives Again, was it directly targeted at we directly or indirectly hit some peo- in an apartment there. We are on the those people who were directly respon- ple who might have been responsible, trail. sible, or was it the United States kick- but it is a little questionable. When Pan Am 103 went down, ing up and showing, well, we are a lit- I think it almost sends a signal of brought down by terrorists, we found, tle peeved about this? Did we hold weakness, if we don’t hold people ac- from the tiniest fiber of thread from a those people directly responsible who countable. I think the rhetoric has jacket, people who were the likely per- tried to assassinate President Bush? been good. I think the language has petrators. The answer is no. Did we capture those been good. I don’t think the results This is not an idle administration. I people who were directly involved in have been good. I think if there is a would never say, because I am a Demo- that? I believe the answer is no. U.N. resolution that is biased and anti- crat and we have a Republican Presi- If the intelligence community knows Israel, it should be vetoed. I certainly dent, that there were times that I more about this than I do, I would be believe we should find out those people voted against going to war. There were happy for them to inform this Senator. who are responsible for the bombing of times that I voted going for it. Because But I do not believe the individuals the U.S.S. Cole, and we should hold whenever I have a vote such as that, I who were directly involved in that ter- them accountable. We should find the look to the eyes of my son, when he rorist activity were held accountable, people who are responsible for the was 22, and I say: This isn’t a war I bombing of the Khobar Towers, and we that they were tried, that they were would send you to and, therefore, I am should hold them accountable. They punished for that action. not sending other parents’ sons. I en- What about the bombing of Khobar should pay a penalty, a price, and, listed when I was 18. My father was on Towers? This happened June 25, 1996 as frankly, that has not happened. his deathbed. My mother was 36 years I see my colleague wanting to speak. a result of a car bomb. The destruction Mr. LAUTENBERG. If the Senator old. I felt it was my responsibility to looked very similar to the bombing in will allow me a few minutes, I appre- serve my country. I think one has to be careful when we Oklahoma City, another car bomb that ciate that. It is very nice of him to do start suggesting that nothing is hap- blew up the Federal building in Okla- so. homa City and killed 168 people. The I listened carefully. I have respect for pening. As to the Khobar Towers, the car bomb outside the Khobar Towers our friend from Oklahoma. He has been example the Senator cited, it is out- killed 19 Americans, and it wounded here, despite his youth, for a long time. rageous that we haven’t found the per- 364. He knows how this place works. petrators of those killings of our I remember the President, I remem- President Bill Clinton went imme- troops. But I want to point a finger at ber the Secretary of Defense, I remem- diately to the scene of the violence, to Saudi Arabia, the country that we sent ber the Secretary of State say: We will Egypt, to the region where so much is our troops to protect in 1990. We sent not stop until these cowards are taking place, to plead and beg and to them out there, 450,000 or maybe even brought to justice. force a peaceful resolution, to stop the over 500,000, to protect the Saudis, our How many people have been brought violence. That is what he said: Stop the good friends, who are holding us by the to justice from the Khobar Towers violence. He wasn’t drawing the terms. throat with their oil prices. That is bombing of 1996? The answer is, no one. It is not fair to say that we have done where they are. What have they done The answer is, one person has been ar- nothing. to help us find the perpetrators of the rested. He is now in a Saudi jail—one We went into Afghanistan with murder of our troops? Not very much, I person. A lot more than one person was bombs. We attacked what we thought can tell you that. responsible for the Khobar Towers was the appropriate target. Yes, we I have watched this very closely. So bombing, a lot more than one person. missed when we went to the Sudan, but I will point fingers where they belong. What has been the result? Have we is that a criticism of our troops, of our Those pointed fingers didn’t belong held people accountable? No. That was pilots? Are they saying that mistakes against the Bush administration who the most massive terrorist attack don’t happen in conflict or in a war- served until 1992 and they don’t belong against military personnel, certainly time exercise? I am not talking about at the Clinton administration. Those since the bombing in Lebanon. What practice. I am talking about the exer- examples are invalid. did we do? Well, basically nothing. Ba- cise of defense. Would we restrict the We have done what we have to do. We sically nothing. rights of our citizens to travel? Do we are fully committed, every one of us, to What about the bombings of the Em- say that our warships can’t circulate finding those who did that dastardly bassies in Kenya and Tanzania? That around the world? Do we say we have bombing against the U.S.S. Cole. I pre- was August 7, 1998. Bombs exploded at to stay home, come back here and just dict we will find them, and we are the U.S. Embassies in both Kenya and hide in our harbors so that we don’t going to get help from people we never Tanzania, killed 252 people, including have any problems? Our people who en- expected. When the trade towers went 12 Americans. Again, we heard this list always know there is some risk. down in New York City, I was commis- President, this Secretary of State, this They have been asked to do tough sioner of the port authority. We had of- Secretary of Defense say: We will hold duty. fices, before I came to the Senate, in

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.140 pfrm02 PsN: S18PT1 S10732 CONGRESSIONAL RECORD — SENATE October 18, 2000 that building. Unfortunately, a couple THE AGRICULTURE CONFERENCE wasn’t in any of the language adopted of the perpetrators came from my side REPORT on the Senate floor. This language of the Hudson River. But we searched Mr. NICKLES. Mr. President, I want states: until we found the people, just as we to comment on the Agriculture con- No manufacturer of covered prod- did in Oklahoma. We searched until we ference report that just passed over- ucts—[prescription drugs]—may enter found the people. We can’t push but- whelmingly today in the Senate. It al- into a contract or agreement that in- tons and instantly solve these crimes ready passed the House and it will be cludes a provision to prevent the sale that are planned by crazies, master- going to the President to be signed. In or distribution of covered products minded by people who have lots of my opinion, there are a couple of provi- under this subsection. What does that mean? Well, it means skills in the wrong areas. sions in this bill that really should not that this Congress could either abro- We do our share; we really do. I think have been included and are serious mis- gate or direct contracts which don’t it is unfair to cast a net. Yes, I dis- takes that may come back to haunt meet this new federal test. I think that agree with the decision on the vote of Congress or will require Congress to the U.N., but I trusted this administra- is a serious problem. This could make change their actions. it illegal for a patent holder to insert a tion, I trusted our Government to say, One of them deals with private con- clause into a private licensing agree- OK, the reason we don’t want to do it tracts. I happen to believe very strong- ment with a foreign distributor that is to create a further imbalance, to fur- ly in private contracts. I came from prevents a foreign distributor from re- ther enrage the Palestinian young peo- the business sector, the private sector. ple, to further the violence that is selling that product for any reason. When Congress interferes in private This proposal could prohibit any pri- going on there. We have hopes for contracts, it ought to have a good rea- peace. Our mission is peace, not to vate agreement that limits or restricts son. It ought to know what it is doing. the sale of drugs, including quantities, make more war. Frankly, it should hardly ever do so. In So while we disagree—in hindsight it territories, resale conditions, or other this case, we put some language in this normal terms of commerce. is always easy to disagree—the fact is, bill that I venture to say very few of President Clinton picked up bag and I think this Congress is inappropri- our colleagues—maybe only a couple— ately intruding into commerce in ways baggage, went there overnight to try to even know it exists or what its rami- bring the parties together. He is not that we don’t have any idea what we fications will be. are doing, what the ramifications may disengaged by a longshot. We are not There is language in the Agriculture taking the Palestinian side in any be and may in fact be unconsitutional. conference report that doesn’t deal But that’s not all. Additionally, the issue. We are friends of Israel, but we with Agriculture but deals with re- are also cognizant that the Palestin- language we have adopted would direct importation of drugs. Yes, we debated the U.S. Government to sanction com- ians are humans. We don’t want harm reimportation language on the Senate panies that structure their business re- brought to them, either. floor, but we didn’t debate this con- lationships with foreign distributors in I am sorry to get so passionate about tracting issue. this, but I have strong views and I just a manner inconsistent with the legisla- Senator JEFFORDS offered an amend- tion. A lot of these businesses have disagree with our colleague from Okla- ment dealing with reimportation of homa. been doing business with people to re- drugs. However, the amendment offered sell their drugs, and we are going to Mr. NICKLES. Mr. President, I didn’t by Senator JEFFORDS contained some hear total disagreement. I think I say they are not doing it right so we serious flaws, which led me to oppose can fine them. We may in fact require heard my colleague say he agreed with the amendment. For example, the me that the administration should them to sell to anybody. Can they re- original Senate language included a sell in any way they want to? Not ac- have vetoed the U.N. resolution that provision that would have established strongly condemned Israel and was si- cording to this language. So a manu- two separate standards for drugs that facturer can lose total control of its lent about Palestinian violence. We were sold in the United States. One agree. products and this may at some point standard, which is current law, with re- I think he also said he agreed with result in a number of counterfeit drugs gard to drugs that are manufactured me that we should be very assertive in and other safety problems. How is this trying to find those people responsible and sold in the U.S. And a separate, type of provision consistent with the for the Khobar Towers, for that bomb- and in my opinion, inferior standard basic concept of private property and ing that was so damaging, that killed for drugs that are imported or re- freedom to contract? It is not. It really 19 Americans, wounded a couple hun- imported into the U.S. Fortunately, makes no sense. Have we had any hear- dred others. We haven’t had success. He the conference agreement corrected ings on this? No. If you restrict this is critical of the Saudi Government. So the flaws of the original Jeffords lan- kind of contract for pharmaceutical am I. guage and will require that all drugs, companies, why in the world can’t you The point being, our language and including those imported by businesses do it for any other contract? So some- our rhetoric in some cases has exceeded other than the manufacturer, must body says, wait a minute; this just our results. When we had two Amer- fully comply with Section 505 of the deals with pharmaceutical products. ican embassies that were bombed, what Federal Food, Drug and Cosmetic Act. Frankly, if Congress can insert itself did we do? We lobbed a few cruise mis- This means that every importer must into contracting language, are we siles. We don’t know if those hit the ensure that all safety standards which going to do the same thing on con- people who were directly responsible or are included in a new drug approval ap- tracts between auto dealers or other not. plication (NDA) are fully met for every private business. The point is, if you are going to hold drug which is imported into the U.S. There is a little bill floating around people accountable, you want to hold Additionally, the conference agree- that would try to do that. We can do it the people who are directly account- ment retained Senator COCHRAN’s on other contracts where maybe we able for committing the crime against amendment that perfected and im- deem we have superior wisdom to all American citizens who killed American proved the Jeffords amendment to re- the business groups out there or any- citizens, and we haven’t done that in quire that the Secretary ensure that if body who has a contract, that we know the two latest cases of terrorism. drugs are imported, U.S. safety stand- better. What does this language mean? Frankly, if you don’t hold them ac- ards will be used to ensure that these What is its impact? We are going to go countable, I think that sends a bad sig- drugs pose no risk to the public health and give the authority to fine some- nal. and that consumers will benefit from body if they don’t comply. Wow. This is I would agree with my colleague from any potential savings prior to this law in an appropriations bill. It didn’t New Jersey, we should certainly hold going into effect. I supported the Coch- come through the Judiciary Committee people accountable for the U.S.S. Cole. ran amendment and I am pleased that or a committee composed of people Likewise we should hold people ac- this bill included that language. who work on contracts or work on judi- countable on Khobar Towers and on However, in conference, new lan- cial issues. We are setting up that kind American embassies, and that hasn’t guage was added that was not in either of a program, and I am embarrassed for happened yet. That was my point. the House bill or the Senate bill. It us to do that.

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.142 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10733 This type of legislating sets a hor- riculture appropriations bill, which has Director of the FBI, Louis Freeh; rible precedent for other businesses as grown substantially, that bother this former Director of the CIA under Presi- well. It is not appropriate for this Con- Senator. We would end up passing a bill dent Clinton, Mr. Woolsey; and Jean gress to force American manufacturers that increases budget authority over Kirkpatrick discussed that event. to sell their products to consumers the President by 22 percent in outlays Prior to that time, I had publicly that they do not want to sell to under and 24 percent in budget authority. stated that I did not believe President contract terms that the federal govern- That bothers me. It bothers me when Clinton had utilized these attacks to ment approves. This type of require- we see growth in the discretionary por- distract attention from the domestic ment is unfair and lacks common tion of this bill to that extent—to be problems he was having at home. Peo- sense. I predict it will raise serious growing at 24 percent I don’t think is ple were suggesting it was a ‘‘wag the constitutional questions as well and affordable or responsible. I could go on. dog’’ syndrome—an attack that may may interfere with the exercise of in- Also, there are expansions of entitle- not have been justified but helped dis- tellectual property rights. It is unfor- ments. I remember earlier this year tract public attention from his own tunate that this language was included when we passed emergency assistance, troubles. I said no about that. But I in this bill. I think this is a serious and we busted that. We busted it big must admit after having heard at that mistake. time. I understand there are a lot of hearing these distinguished Americans It is somewhat similar to another problems. We had a drought as bad as discuss how that attack was conducted mistake, in my opinion, included in anybody. Texas suffered from a that I was very troubled. I really did this bill, which is title X, the contin- drought and so did we. This is fiscally not believe it made a lot of sense to ued dumping and subsidies offset. It is irresponsible, in my opinion. And be- just lob missiles into a factory and a brand new provision. It is a provision cause of the provision dealing with hope that was justified factually; that inserted in the Agriculture conference. dumping and the abrogation of con- it was a factory that may have had It deals with subsidies and with dump- tracts, or the changing of contracts, something to do with it; and, who ing. Those are trade issues, trade sanc- and the total cost of this bill, regret- would be injured. That kind of thing tions, usually handled in the Ways and fully, this Senator had to vote against was very troubling, and certainly had Means Committee in the House and the the Agriculture conference report. no realistic impact or potential to hurt Finance Committee in the Senate. This I see my colleague from Alabama is Bin Laden who may have been involved didn’t go through either. I will tell my here. I am prepared to wrap up. How in that. In fact, he is under indictment colleagues this provision could not pass long does he wish to speak? now for terrorist acts. the Finance Committee. It could not Mr. SESSIONS. Fifteen minutes. Then in Afghanistan, we just shot off pass the Ways and Means Committee. Mr. NICKLES. I will give the Senator some missiles. We don’t know whether This runs directly contrary, frankly, from Alabama the pleasure of closing or not anybody was hurt. That is all it to free trade and the idea of trying to the Senate then. was. So we retaliated. We had done expand trade. This says if you have a I yield the floor. something. We didn’t really do any- dumping complaint, and if you happen The PRESIDING OFFICER (Mr. thing. That is the fact. We really did to win, the benefits go back directly to BROWNBACK). The Senator from Ala- not do anything. Nobody involved in that company, directly to the individ- bama is recognized. that terrorist act that we know of to uals involved. So there is a reward and this day has been held to account be- incentive that if you file a dumping cause of it. complaint and win, you will receive THANKING THE ASSISTANT We have to be prepared to work hard benefits. This encourages lawsuits on MAJORITY LEADER to identify who was involved in those dumping because you can win the ‘‘lot- Mr. SESSIONS. Mr. President, the activities, and to do everything we can tery.’’ Here they come. It doesn’t make assistant majority leader is becoming to arrest them and bring them into sense. It is probably not WTO con- the conscience of this Senate. It is a custody, and, if not and if they resist, sistent. This says ‘‘consistent with the thankless task to say no on bills as to be able to take them out wherever rights under the World Trade Organiza- popular as the Agriculture bill—some- they may be. tion.’’ I venture to say that it is not thing that was important for my State. consistent with WTO rights in any I voted for it and I respect it. I think it That is just the plain fact of it. Bin way, shape, or form. It will probably be is also important if we are going to Laden, for example, has openly de- thrown out by the courts. have any respect for our ultimate clared war on the United States. The Why are we doing this? I am on the budget requirements, the people in our attack on this vessel—the U.S.S. Cole— Finance Committee, and did we have a leadership need to stand up and speak was more than just a terrorist attack. hearing on this? No, we did not. Did the out, and I appreciate him doing so. He It was an act of war. We have every Ways and Means Committee have a provides great leadership for us. right, and we have a duty as any great hearing on this? I don’t believe so. But nation does to defend itself and its all of a sudden, it is inserted into a ability to send its ships on the open CONGRESS’ OVERSIGHT conference report which is not amend- seas, and to enter port in which it RESPONSIBILITIES able. Some colleagues say they don’t should be safe. We have every right, like this process. I don’t like this proc- Mr. SESSIONS. Mr. President, I am and we have a duty to respond to that. ess either. I think it is bad legislation. concerned that we as a Congress have If we don’t do so, who will be next? I think it can come back to haunt us, not been as effective in our oversight Who else will be hurt? I left the memo- and we could be talking about hun- responsibility as we should. I want to rial service at Norfolk just today. It dreds and hundreds of millions of dol- share some remarks on that subject in was a very moving ceremony with all lars from this provision alone. a minute. The distinguished assistant of those sailors standing on the Eisen- Again, how many colleagues are even majority leader made some remarks hower. When the Chief of Naval Oper- aware that this is in the bill? We have about our failure to identify, pros- ations for the Atlantic finished his committees of jurisdiction, such as the ecute, and hold to account individuals speech, he said, ‘‘Remember the Cole.’’ Judiciary Committee, that should be who have committed terrorist acts When the ceremony was over, one of dealing with contracts and they should against American service men and those sailors on that great aircraft car- have handled this contracting issue. women and citizens. That is an impor- rier yelled ‘‘Remember the Cole.’’ It is My guess is that they would have tant issue. In fact, we have not been ef- our responsibility to remember those scrubbed it and done a better job. The fective at it. 17 who are no longer with us and the Finance Committee, which deals with I remember when the attack was ones who are injured. We cannot allow trade, would totally reject this idea of made on the Sudan pharmacy, the pill this kind of activity time and time and rewarding people if they file successful factory there. I remember the attack time again, as Senator NICKLES said, to dumping lawsuits. made on the facility in Afghanistan be carried out and nothing happen. Mr. President, it is with regret that I not long after that. The committee on I am glad he talked about that. We say there are other aspects of this Ag- which I serve had a hearing where the need to do better.

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.144 pfrm02 PsN: S18PT1 S10734 CONGRESSIONAL RECORD — SENATE October 18, 2000 OVERSIGHT OF GOVERNMENT ating lease not to exceed 20 years for I am also disturbed by GSA’s clear BUILDINGS AND LEASES approximately 1.1 million net usable statement that price and cost to the Mr. SESSIONS. Mr. President, I be- square feet of space plus 145 official Government are significantly less im- lieve it is our responsibility as Mem- parking spaces at an estimated annual portant than the scoring on technical bers of Congress to do unglamorous cost of $55 million plus escalations. factors. work called oversight. It is our duty to Almost 2 years after GSA was given In Alabama, families who are build- make sure our governmental agencies the go-ahead to procure the lease, the ing a home first start with a budget. are, on a daily basis, spending money agency issued a 250-page solicitation Once they begin to design a home, if wisely and not ripping off the Amer- for offers asking people to make pro- they cannot afford a ‘‘premium quality ican taxpayer. I believe that is a con- posals to secure this space for DOT. natural stone or terrazzo’’ floor for the stitutional duty. I believe we are legiti- Buried in this SFO—Solicitation for dining room, they may be forced to set- Offers—are a number of alarming state- mately criticized in this body for not tle for a less expensive alternative. For ments used by GSA in making its deci- being more aggressive about that. I the majority of families in this coun- sion which may have a profound im- have tried to resolve it. I am going to try, price and cost are the determining pact on the cost and the quality of the do better. I am going to take some ac- factors in all their decisions when they building, and, more importantly, the tion with regard to what I consider to are building a new home. Why should expense that we as taxpayers will pay be poor expenditures of money. the Government think it should act I initiated a project in my office I over the next few decades. differently? It strikes me that GSA may well be call ‘‘Integrity Watch.’’ We examine It is my belief that among the final- deliberately ignoring their 1997 man- suspected cases of waste, fraud, and ists who can clearly and credibly show date, or at least violating the spirit abuse in the Federal Government. I that they meet the space and program and intent of the congressional author- requirements of the SFO, price and think that is healthy. ization. One only needs to review the I have exposed the enormous costs cost should clearly be the determining 250-page SFO to determine that GSA associated with the building of a new factor ultimately in making the lease has decided unilaterally to go far be- United Nations mission in New York. award. To select a building on any yond what they were authorized to That building came in at $88 million. It other basis than best value seems, to lease by Congress. me, quite unjustifiable. is nothing more than an office space Specifically, the requirement in the for governmental employees who work In the next few weeks, GSA will SFO that proposals are to provide a make their decision on the location of at the U.N., and for two-thirds of the level of quality consistent with ‘‘the year almost half as many people are the Department of Transportation highest quality commercial office headquarters building. I will be sending there. Only half the year will the space buildings over 250,000 square feet in be nearly utilized. a letter to Senator BOB SMITH, the out- Washington, DC.’’ standing chairman of the Senate Com- It came in on a per square foot basis I don’t believe a Federal office build- mittee on Environment and Public as the most expensive building that ing has to be equal to the highest qual- Works. I thank Chairman SMITH for this Government has ever built—more ity private office space in this city. taking a hard look at the U.N. build- expensive than our great Federal Federal dollars are paying for the ing, too, in his role as the committee courthouses, some of which have been building—taxpayer dollars—and that chairman. I will ask him and his com- criticized like the one in Boston. It is requirement cannot be justified. more expensive per square foot than Additionally, the congressional au- mittee to work with me to look into those great Federal courthouses. thorizing resolution said nothing about the procedures and standards that were Today I alert my colleagues to a GSA securing a lease equal to the high- passed by Congress in 1997 versus the problem I have noted. I hope we are not est quality commercial building. They solicitation for offer being used by GSA seeing a pattern of abuse of taxpayers. weren’t given that commission. today for the Department of Transpor- The General Services Administra- I am also concerned about what ap- tation building. tion, the Government’s landlord, is re- pears to be the lavish excesses included I am afraid that under the current sponsible for purchasing, leasing, and in the performance specifications. Just system, GSA is working with vague refurbishing the buildings that house for example, the SFO explains that the guidelines from Congress, very vague Federal agencies and Departments. My passenger elevators—this is not a cere- guidelines. In fact, their language, as I concern is that too often Congress is monial building; this is an office build- noted earlier, was ‘‘$55 million plus es- simply rubber stamping leasing re- ing—are to be made of ‘‘premium qual- calations.’’ That is not a crack in the quests of GSA without exercising care- ity natural stone or terrazzo,’’ and that door. That is a wide-open door, big ful oversight responsibilities. Specifi- the walls in each passenger elevator enough to drive a truck through. I cally, I am concerned about the pro- are to be ‘‘a combination of premium think they are using these vague guide- posed expenditure of Federal funds to quality architectural wood paneling, lines, and these guidelines allow them lease space for the Department of premium quality natural stone, and to be free to set their own standards, Transportation and the procedure finished metal.’’ potentially allowing them to commit being used in that process. I think this shows a real sense of dis- to a building of unjustifiable expense. In 1996, GSA came to Congress to re- connect from the American people, I believe this Congress has a respon- ceive authorization to secure a new even of arrogance. Most families in the sibility to our constituents to oversee lease for DOT. The current lease was to United States work hard to achieve the and ensure all Government leases and expire on March 31 of 2000. The pro- American dream of building and own- all Government expenditures across spectus GSA provided to Congress was ing a home but can’t afford to place the board, and that they are awarded very simple. It plainly stated that GSA ‘‘premium quality architectural wood to provide the Government the best ‘‘proposes a replacement lease of paneling’’ in their home. Why should quality. If we refuse to look at this, I 1,199,000 to 1,320,000 rentable square feet their hard-earned tax dollars that are believe we will have failed the tax- of space and 145 official inside parking extracted from them be spent so that payers who will be paying for this bill. spaces for the Department of Transpor- Government workers can ride up and We will be potentially burdening them tation.’’ down these elevators with ‘‘premium with an exorbitant price tag for simple That was basically it. quality natural stone’’ floors? office space beyond reason and jus- On November 6 of 1997, the Senate Additionally, I am concerned that tification. Committee on Environment and Public other Government agencies will come I believe if we allow GSA to proceed Works, of which I was a member at to expect this same ‘‘highest quality, with their current plans, we will not that time, approved a resolution au- best-in-class’’ office space in Wash- have followed through on our require- thorizing GSA to secure an operating ington, DC, whether in a leased or ren- ments of oversight to ensure that these lease for the headquarters. The resolu- ovated Government building. This moneys for lease space are properly ap- tion was just as simple as the pro- could have a snowballing effect and proved. We want good space for the em- spectus. It was a one-page resolution create a procurement and budgetary ployees at the Department of Transpor- authorizing GSA to enter into an oper- drain on the country. tation. I hear they are happy where

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.154 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10735 they are. They are not asking to go to The PRESIDING OFFICER. The The preamble was agreed to. a new building or have a new building. clerk will report the bill by title. The resolution, with its preamble, We need to be sure that we give them The legislative clerk read as follows: reads as follows: a new 15-year lease, wherever it is, and A bill (H.R. 4132) to reauthorize grants for S. RES. 343 that it is comparable in price. We water resources research and technology in- Whereas Israel’s Magen David Adom Soci- ought not to spend a whole bunch of stitutes established under the Water Re- sources Research Act of 1984. ety has since 1930 provided emergency relief money to get a fancy new building to people in many countries in times of need, somewhere at much greater expense There being no objection, the Senate pain, and suffering, regardless of nationality than what they have if they are happy proceeded to consider the bill. or religious affiliation; where they are. This is not a building Mr. SESSIONS. Mr. President, I ask Whereas in the past year alone, the Magen that is old; it is about 30 years old. We unanimous consent that the bill be David Adom Society has provided invaluable need to look at that. I will be writing read the third time and passed, the mo- humanitarian services in Kosovo, Indonesia, the chairman. I think we need to talk tion to reconsider be laid upon the Ethiopia, and Eritrea, as well as Greece and table, and any statements relating to Turkey in the wake of the earthquakes that more about that. devastated these countries; the bill be printed in the RECORD. Whereas the American Red Cross has rec- The PRESIDING OFFICER. Without ognized the superb and invaluable work done EXECUTIVE SESSION objection, it is so ordered. by the Magen David Adom Society and con- The bill (H.R. 4132) was read the third siders the exclusion of the Magen David time and passed. Adom Society from the International Red EXECUTIVE CALENDAR Cross and Red Crescent Movement ‘‘an injus- Mr. SESSIONS. Mr. President, I ask tice of the highest order’’; RELEASE OF MR. EDMOND POPE Whereas the American Red Cross has re- unanimous consent that the Senate im- Mr. SESSIONS. Mr. President, I ask peatedly urged that the International Red mediately proceed to executive session Cross and Red Crescent Movement recognize to consider the following nomination unanimous consent the Senate proceed to the immediate consideration of H. the Magen David Adom Society as a full on today’s Executive Calendar: No. 659, member, with its emblem; John E. McLaughlin, of Pennsylvania, Con. Res. 404, which is at the desk. Whereas the Magen David Adom Society The PRESIDING OFFICER. The to be Deputy Director of Central Intel- utilizes the Red Shield of David as its em- clerk will report the resolution by ligence. blem, in similar fashion to the utilization of title. I further ask unanimous consent the the Red Cross and Red Crescent by other na- The legislative clerk read as follows: tional societies; nomination be confirmed, the motion Whereas the Red Cross and the Red Cres- to consider be laid upon the table, the A concurrent resolution (H. Con. Res. 404) calling for the immediate release of Mr. Ed- cent have been recognized as protective em- President be immediately notified of mond Pope from prison in the Russian Fed- blems under the Statutes of the Inter- the Senate’s action, and the Senate eration for humanitarian reasons, and for national Red Cross and Red Crescent Move- then return to legislative session. other purposes. ment; The PRESIDING OFFICER. Without Whereas the International Committee of There being no objection, the Senate the Red Cross has ignored previous requests objection, it is so ordered. proceeded to consider the concurrent The nomination considered and con- from the United States Congress to recognize resolution. the Magen David Adom Society; firmed is as follows: Mr. SESSIONS. I ask unanimous con- Whereas the Statutes of the International CENTRAL INTELLIGENCE sent the resolution be agreed to, the Red Cross and Red Crescent Movement state John E. McLaughlin, of Pennsylvania, to preamble be agreed to, the motion to that it ‘‘makes no discrimination as to na- be Deputy Director of Central Intelligence. reconsider be laid upon the table, and tionality, race, religious beliefs, class or po- any statements relating to the resolu- litical opinions,’’ and it ‘‘may not take sides in hostilities or engage at any time in con- tion be printed in the RECORD. LEGISLATIVE SESSION troversies of a political, racial, religious or The PRESIDING OFFICER. Without ideological nature’’; The PRESIDING OFFICER. Under objection, it is so ordered. Whereas although similar national organi- the previous order, the Senate will re- The concurrent resolution (H. Con. zations of Iraq, North Korea, and Afghani- sume legislative session. Res. 404) was agreed to. stan are recognized as full members of the The preamble was agreed to. International Red Cross and Red Crescent Movement, the Magen David Adom Society ORDER FOR STAR PRINT has been denied membership since 1949; RECOGNIZING AND ADMITTING Whereas in the six fiscal years 1994 through Mr. SESSIONS. Mr. President, I ask ISRAEL’S MAGEN DAVID ADOM 1999, the United States Government provided unanimous consent that S. Res. 376, SOCIETY a total of $631,000,000 to the International previously agreed to, be modified and Committee of the Red Cross and $82,000,000 to star printed with the changes that are Mr. SESSIONS. I ask unanimous con- the International Federation of Red Cross at the desk. sent the Senate now proceed to the im- and Red Crescent Societies; and The PRESIDING OFFICER. Without mediate consideration of Calendar No. Whereas in fiscal year 1999 alone, the objection, it is so ordered. 863, S. Res. 343. United States Government provided The PRESIDING OFFICER. The $119,500,000 to the International Committee clerk will report the resolution by of the Red Cross and $7,300,000 to the Inter- ORDER FOR STAR PRINT title. national Federation of Red Cross and Red Crescent Societies: Now, therefore, be it Mr. SESSIONS. I further ask unani- A resolution (S. Res. 343) expressing the sense of the Senate that the International Resolved, That— mous consent that the report to ac- Red Cross and Red Crescent Movement (1) the International Committee of the Red company S. 2580 be star printed with should recognize and admit to full member- Cross should immediately recognize the the changes that are at the desk. ship Israel’s Magen David Adom Society, Magen David Adom Society and the Magen The PRESIDING OFFICER. Without with its emblem, the Red Shield of David. David Adom Society should be granted full objection, it is so ordered. membership in the International Red Cross There being no objection, the Senate and Red Crescent Movement; proceeded to consider the resolution. (2) the International Federation of Red Mr. SESSIONS. I ask unanimous con- Cross and Red Crescent Societies should REAUTHORIZING GRANTS UNDER sent the resolution be agreed to, the grant full membership to the Magen David THE WATER RESOURCES RE- preamble be agreed to, the motion to Adom Society immediately following rec- SEARCH ACT OF 1984 reconsider be laid upon the table, and ognition by the International Committee of Mr. SESSIONS. I ask unanimous con- any statements relating to this resolu- the Red Cross of the Magen David Adom So- sent that the Environment and Public ciety; tion be printed in the RECORD. (3) the Magen David Adom Society should Works Committee be discharged from The PRESIDING OFFICER. Without not be required to give up or diminish its use further consideration of H.R. 4132, and objection, it is so ordered. of its emblem as a condition for immediate the Senate then proceed to its imme- The resolution (S. Res. 343) was and full membership in the International diate consideration. agreed to. Red Cross and Red Crescent Movement; and

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.155 pfrm02 PsN: S18PT1 S10736 CONGRESSIONAL RECORD — SENATE October 18, 2000 (4) the Red Shield of David should be ac- fear that the progress achieved in Kenya dur- ment of personnel, and to draft rules corded the same recognition under inter- ing the last few years in the struggle for de- regulating the Navy’s administration. national law as the Red Cross and the Red mocracy, the rule of law, respect for human Although the Continental Navy of the Crescent. rights, and meeting the basic needs of all Revolutionary War was rather humble Kenyans is jeopardized by the current Ken- compared to today’s Navy—it was yan government; and CONDEMNING THE ASSASSINATION Whereas the 1999 Country Report on made up of only 40 vessels at its peak— OF FATHER JOHN KAISER Human Rights released by the Bureau of De- it played an important role in the mi- raculous success of the American Revo- Mr. SESSIONS. I ask unanimous con- mocracy, Human Rights, and Labor of the Department of State reports that the Ken- lution. The Navy was able to seize al- sent the Foreign Relations Committee yan Government’s ‘‘overall human rights most 200 British ships as prizes, includ- be discharged from further consider- record was generally poor, and serious prob- ing many off the British coast, and this ation of S. Con. Res. 146, and the Sen- lems remained in many areas; while there forced the British to divert valuable ate then proceed to its immediate con- were some signs of improvement in a few warships to the protection of transport sideration. areas, the situation worsened in others.’’: convoys. It was in one of these raids The PRESIDING OFFICER. Without Now, therefore, be it that the legendary John Paul Jones ut- objection, it is so ordered. The clerk Resolved by the Senate (the House of Rep- resentatives concurring), That Congress— tered his immortal words: ‘‘I have not will report the resolution by title. yet begun to fight!’’ And this spirit of The legislative clerk read as follows: (1) condemns the violent deaths of Father John Kaiser and others who have worked to unflagging courage and selfless dis- A resolution (S. Con. Res. 146) condemning promote human rights and justice in the Re- charge of duty has animated the hearts the assassination of Father John Kaiser and public of Kenya and expresses its outrage at of every sailor since. others in Kenya and calling for a thorough those deaths; Our Founding Fathers saw the role of investigation to be conducted in those cases, (2) calls for a thorough investigation of the Navy as important enough to merit a report on the progress made in such an in- those deaths that includes other persons in specific mention in Article I, Section 8 vestigation to be submitted to Congress by addition to the Kenyan authorities; December 15, 2000, and a final report on such of the Constitution, which empowers (3) calls on the Secretary of State, acting Congress to ‘‘provide and maintain a an investigation to be made public, and for through the Assistant Secretary of State for other purposes. Democracy, Human Rights, and Labor, to Navy.’’ As American history has un- There being no objection, the Senate prepare and submit to Congress, by Decem- folded since then, the U.S. Navy has proceeded to consider the resolution. ber 15, 2000, a report on the progress made on distinguished itself in every major Mr. SESSIONS. I ask unanimous con- investigating these killings, including, par- armed conflict in the history of our sents the resolution be agreed to, the ticularly, a discussion of the actions taken country, from the War of 1812 and the by the Kenyan government to conduct an in- preamble be agreed to, the motion to Civil War all the way to the Gulf War vestigation as described in paragraph (2); and the conflict in Kosovo. reconsider be laid upon the table, and (4) calls on the President to support inves- any statements be printed in the As we enter the 21st century, the U.S. tigation of these killings through all diplo- Navy is without question the pre- RECORD. matic means; and eminent sea power in the world. On Oc- The PRESIDING OFFICER. Without (5) calls for the final report of such an in- objection, it is so ordered. vestigation to be made public. tober 2, 2000, the active fleet contained The resolution (S. Con. Res. 146) was 318 ships and 4,108 aircraft, and over 373,000 active-duty personnel filled the agreed to. 225TH BIRTHDAY OF THE U.S. Navy’s ranks. The U.S. Naval Academy The preamble was agreed to. NAVY in Annapolis provides its midshipmen The resolution, with its preamble, with an academically rigorous cur- reads as follows: Mr. SESSIONS. Mr. President, I ask unanimous consent that the Armed riculum, and no less important, leader- S. CON. RES. 146 Services Committee be discharged from ship and character development. This Whereas Father John Kaiser, a Catholic of further consideration of S. Res. 373, rigorous preparation continues at a the Order of the Mill Hill Missionaries and a more advanced level at the Naval War native of Minnesota, who for 36 years served and the Senate then proceed to its im- as a missionary in the Kisii and Ngong Dio- mediate consideration. College, which teaches the latest naval ceses in the Republic of Kenya and advocated The PRESIDING OFFICER. Without doctrine and strategy to senior and the rights of all Kenyans, was shot dead on objection, it is so ordered. The clerk mid-level officers. Thanks to these Wednesday, August 23, 2000; will report the resolution by title. prestigious institutions, the U.S. Navy Whereas Father Kaiser was a frequently The legislative clerk read as follows: boasts the finest and best qualified outspoken advocate on issues of human A resolution (S. Res. 373) recognizing the naval officers in the world, and the rights and against the injustice of govern- 225th birthday of the United States Navy. ability to face with confidence any ment corruption in Kenya; challenge to American security. Whereas fellow priests report that Father There being no objection, the Senate According to the Navy, its mission is Kaiser spoke to them of his fear for his life proceeded to consider the resolution. to ‘‘maintain, train and equip combat- on the night before his assassination; ∑ Mr. GRAMS. Mr. President, today it ready naval forces capable of winning Whereas the murders of Father Stallone, is my pleasure to pay tribute to the Father Graife, and Father Luigi Andeni, all wars, deterring aggression and main- United States Navy as it celebrates the taining freedom of the seas.’’ No mat- of Marsabit Diocese in Kenya, the cir- 225th anniversary of its founding. The cumstances of the murder of Brother Larry ter where a sailor serves, whether on Timors of Nakaru Diocese in Kenya, the Navy can be proud of a distinguished an aircraft carrier, submarine, battle- murder of Father Martin Boyle of Eldoret heritage, a heritage longer than that of ship, cruiser, or naval base, his or her Diocese, and the murders of other local the United States itself. Because of the contribution is vital to fulfilling this human rights advocates in Kenya have not dedicated service of our nation’s sail- mission. The Navy’s worldwide reach yet been fully explained, nor have the per- ors, Americans can feel secure that our allows our country to maintain U.S. petrators of these murders been brought to shores are free from foreign aggression, justice; national security through dominance and the world’s oceans and seaways are of the seas, a dominance made possible Whereas the report of a Kenyan govern- open for peaceful commerce. The re- mental commission, known as the Akiwumi by a combination of highly trained Commission, on the government’s investiga- cent terrorist attack on the U.S.S. service members and highly sophisti- tion into tribal violence between 1992 and Cole, resulting in the death or pre- cated technology. 1997 in Kenya’s Great Rift Valley has not yet sumed death of 17 sailors, reminds us of I’d like to take this opportunity to been released in spite of several requests by the personal risk that the members of thank in particular those Minnesotans numerous church leaders and human rights our Navy bravely face every day, in who have served, or are currently serv- organizations to have the Commission’s find- peacetime as well as wartime. ing, in the Navy. I am proud of them, ings released to the public; On October 13, 1775, the Second Con- and they should know that their sac- Whereas, after Father Kaiser’s assassina- tinental Congress authorized the acqui- tion, documents were found on his body that rifices on behalf of the cause of free- he had intended to present to the Akiwumi sition of ships and establishment of a dom are not taken for granted by their Commission; navy. Within a few days, a Naval Com- friends and neighbors in Minnesota. Whereas the nongovernmental Kenyan mittee was established to coordinate I’m sure my colleagues will join me Human Rights Commission has expressed the purchase of ships and the recruit- in recognizing the rich heritage and

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.129 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10737 dedicated service of the United States Resolved, That the Senate— Reduction Act of 1977 (42 U.S.C. 7706(a)) is Navy on its anniversary.∑ (1) recognizes the historic significance of amended— Mr. SESSIONS. Mr. President, I ask the 225th birthday of the United States (1) by striking ‘‘and’’ after ‘‘1998’’; and unanimous consent that the resolution Navy; (2) by striking ‘‘1999.’’ and inserting ‘‘1999; (2) expresses the appreciation of the people $19,861,000 for the fiscal year ending September be agreed to, the preamble be agreed of the United States to the Navy, and the 30, 2001, of which $450,000 shall be used to sup- to, the motion to reconsider be laid men and women who have served in the port the National Earthquake Hazard Reduction upon the table, and any statements re- Navy, for 225 years of dedicated service; Program-eligible efforts of an established multi- lating to the resolution be printed in (3) honors the courage, commitment, and state consortium to reduce the unacceptable the RECORD. sacrifice that Americans have made through- threat of earthquake damages in the New ma- The PRESIDING OFFICER. Without out the history of the Navy; and drid seismic region through efforts to enhance objection, it is so ordered. (4) gives special thanks to the extended preparedness, response, recovery, and mitiga- The resolution (S. Res. 373) was Navy family of civilians, family members, tion; $20,953,000 for the fiscal year ending Sep- agreed to. and loved ones who have served and sup- tember 30, 2002; and $22,105,000 for the fiscal ported the Navy for the past 225 years. year ending September 30, 2003.’’. The preamble was agreed to. (b) UNITED STATES GEOLOGICAL SURVEY.—Sec- The resolution, with its preamble, tion 12(b) of the Earthquake Hazards Reduction reads as follows: UNANIMOUS CONSENT Act of 1977 (42 U.S.C. 7706(b)) is amended— S. RES. 373 AGREEMENT—S. 2508 (1) by inserting after ‘‘operated by the Agen- Whereas on Friday, October 13, 1775, the Mr. SESSIONS. Mr. President, I ask cy.’’ the following: ‘‘There are authorized to be appropriated to the Secretary of the Interior for Continental Congress, representing the citi- unanimous consent that at a time de- zens of 13 American colonies, passed a resolu- purposes of carrying out, through the Director termined by the majority leader, after of the United States Geological Survey, the re- tion which stated ‘‘That a swift sailing ves- consultation with the minority leader, sel, to carry ten carriage guns, and a propor- sponsibilities that may be assigned to the Direc- tionable number of swivels, with eighty men, the Senate proceed to the consider- tor under this Act $47,360,000 for fiscal year be fitted, with all possible dispatch, for a ation of Calendar No. 723, S. 2508 and it 2001; $49,965,000 for fiscal year 2002; and cruise of three months, and that the com- be considered under the following $52,713,000 for fiscal year 2003.’’; mander be instructed to cruise eastward, for terms: 30 minutes for debate on the bill (2) by striking ‘‘and’’ at the end of paragraph intercepting such transports as may be laden equally divided in the usual form; the (1); with warlike stores and other supplies for (3) by striking ‘‘1999,’’ at the end of para- only amendments in order be a sub- graph (2) and inserting ‘‘1999;’’; and our enemies, and for such other purposes as stitute amendment No. 4303, submitted the Congress shall direct.’’; (4) by inserting after paragraph (2) the fol- by Senator CAMPBELL. Further, I ask Whereas the founders recognized the essen- lowing: tial nature of a Navy to the strength and unanimous consent that a Feingold ‘‘(3) $9,000,000 of the amount authorized to be longevity of the Nation by providing author- amendment be in order to the sub- appropriated for fiscal year 2001; ity to Congress ‘‘To provide and maintain a stitute relative to non-Indian water ‘‘(4) $9,250,000 of the amount authorized to be Navy’’ in article I of the Constitution; users and limited to 30 minutes equally appropriated for fiscal year 2002; and Whereas a Naval Committee was estab- divided in the usual form. ‘‘(5) $9,500,000 of the amount authorized to be lished to build a fitting Navy for our fledg- I further ask unanimous consent that appropriated for fiscal year 2003,’’. (c) NATIONAL SCIENCE FOUNDATION.—Section ling country, acquire and fit out vessels for following the above debate time, the sea, and draw up regulations; 12(c) of the Earthquake Hazards Reduction Act Senate proceed to vote in relation to of 1977 (42 U.S.C. 7706(c)) is amended— Whereas the Continental Navy began a the Feingold amendment; further, the proud tradition, carried out for 225 years by (1) by striking ‘‘1998, and’’ and inserting our United States Navy, to protect our is- substitute amendment then be agreed ‘‘1998,’’; and land Nation and pursue the causes of free- to, as amended, if amended, the bill (2) by striking ‘‘1999.’’ and inserting ‘‘1999, dom we hold so dear; then be read the third time, and the and (5) $19,000,000 for engineering research and Whereas, for the past 225 years, the central Senate proceed to a vote on passage of $11,900,000 for geosciences research for the fiscal mission of the Navy has been to protect the year ending September 30, 2001. There are au- the bill, with no further intervening thorized to be appropriated to the National interests of our Nation around the world on action or debate. the high seas, to fight and win the wars of Science Foundation $20,045,000 for engineering The PRESIDING OFFICER. Without research and $12,555,000 for geosciences research our Nation, and to maintain control of the objection, it is so ordered. sea lines of communication enabling this Na- for fiscal year 2002 and $21,147,000 for engineer- tion and other free nations to grow and pros- ing research and $13,246,000 for geosciences re- per; search for fiscal year 2003.’’. EARTH, WIND, AND FIRE (d) NATIONAL INSTITUTE OF STANDARDS AND Whereas, whether in peace or at war, AUTHORIZATION ACT OF 2000 United States citizens around the world can TECHNOLOGY.—Section 12(d) of the Eearthquake rest assured that the United States Navy is Mr. SESSIONS. Mr. President, I ask Hazards Reduction Act of 1977 (42 U.S.C. on watch, ever vigilant, and ready to re- unanimous consent that the Senate 7706(d)) is amended— spond; now proceed to the consideration of (1) by striking ‘‘1998, and’’; and inserting Whereas, for the past 225 years, Navy men ‘‘1998,’’; and Calendar No. 760, S. 1639. (2) by striking ‘‘1999.’’ and inserting ‘‘1999, and women, as both ambassadors and war- The PRESIDING OFFICER. The $2,332,000 for fiscal year 2001, $2,460,000 for fis- riors, have won extraordinary distinction clerk will report the bill by title. cal year 2002, and $2,595,300 for fiscal year and respect for the Nation and its Navy on The legislative clerk read as follows: 2003.’’. the high seas, among the ocean depths, on A bill (S. 1639) to authorize appropriations distant shores, and in the skies above; SEC. 102. REPEALS. for carrying out the Earthquake Hazards Re- Whereas the core values of ‘‘Honor, Cour- Section 10 and subsections (e) and (f) of sec- duction Act of 1977, for the National Weather age, and Commitment’’ are the guides by tion 12 of the Earthquake Hazards Reduction Service and Related Agencies, and for the which United States sailors live and serve; Act of 1977 (42 U.S.C. 7705d and 7706 (e) and (f)) United States Fire Administration for fiscal Whereas the United States Navy today is are repealed. years 2000, 2001, and 2002. the most capable, most respected, and most SEC. 103. ADVANCED NATIONAL SEISMIC RE- effective sea service in the world; There being no objection, the Senate SEARCH AND MONITORING SYSTEM. Whereas 75 percent of the land masses in proceeded to consider the bill which The Earthquake Hazards Reduction Act of the world are bounded by water and 75 per- had been reported from the Committee 1977 (42 U.S.C. 7701 et seq.) is amended by add- cent of the population of the world lives on Commerce, Science, and Transpor- ing at the end the following new section: within 100 miles of the sea, assuring that our tation with an amendment, as follows: ‘‘SEC. 13. ADVANCED NATIONAL SEISMIC RE- Naval forces will continue to be called upon [Strike out all after the enacting SEARCH AND MONITORING SYSTEM. to respond to emerging crises, to maintain clause and insert the part printed in ‘‘(a) ESTABLISHMENT.—The Director of the freedom of the sea, to deter would-be aggres- United States Geological Survey shall establish sors, and to provide our allies with a visible italic.) and operate an Advanced National Seismic Re- reassurance of the support of the United SECTION 1. SHORT TITLE. search and Monitoring System. The purpose of States of America; and This Act may be cited as the ‘‘Earth, Wind, such system shall be to organize, modernize, Whereas, no matter what the cause, loca- and Fire Authorization Act of 2000’’. standardize, and stabilize the national, re- tion, or magnitude of future conflicts, the TITLE I—EARTHQUAKE HAZARDS gional, and urban seismic monitoring systems in Nation can rely on its Navy to produce well- REDUCTION ACT the United States, including sensors, recorders, trained, well-led, and highly motivated sail- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. and data analysis centers, into a coordinated ors to carry out the missions entrusted to (a) FEDERAL EMERGENCY MANAGEMENT AGEN- system that will measure and record the full them: Now, therefore, be it CY.—Section 12(a)(7) of the Earthquake Hazards range of frequencies and amplitudes exhibited

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00093 Fmt 4624 Sfmt 6333 E:\CR\FM\A18OC6.136 pfrm02 PsN: S18PT1 S10738 CONGRESSIONAL RECORD — SENATE October 18, 2000

by seismic waves, in order to enhance earth- ‘‘(c) BUDGET COORDINATION.— 2003 shall be for Weather Forecast Offices quake research and warning capabilities. ‘‘(1) GUIDANCE.—The Agency shall each year (WFO) Facilities Maintenance; ‘‘(b) MANAGEMENT PLAN.—Not later than 90 provide guidance to the other Program agencies (6) $38,001,000 for fiscal year 2001, $40,091,000 days after the date of the enactment of the concerning the preparation of requests for ap- for fiscal year 2002, and $42,296,000 for fiscal Earthquake Hazards Reduction Authorization propriations for activities related to the Pro- year 2003 shall be for Central Forecast Guid- Act of 2000, the Director of the United States gram, and shall prepare, in conjunction with ance; Geological Survey shall transmit to the Congress the other Program agencies, an annual Program (7) $3,068,000 for fiscal year 2001, $3,237,000 for a 5-year management plan for establishing and budget to be submitted to the Office of Manage- fiscal year 2002, and $3,415,000 for fiscal year operating the Advanced National Seismic Re- ment and Budget. 2003 shall be for Atmospheric and Hydrological search and Monitoring System. The plan shall ‘‘(2) REPORTS.—Each Program agency shall Research; include annual cost estimates for both mod- include with its annual request for appropria- (8) $38,802,000 for fiscal year 2001, $40,936,000 ernization and operation, milestones, standards, tions submitted to the Office of Management for fiscal year 2002, and $43,188,000 for fiscal and performance goals, as well as plans for se- and Budget a report that— year 2003 shall be for Next Generation Weather curing the participation of all existing networks ‘‘(A) identifies each element of the proposed Radar (NEXRAD); in the Advanced National Seismic Research and Program activities of the agency; (9) $7,423,000 for fiscal year 2001, $7,831,000 for Monitoring System and for establishing new, or ‘‘(B) specifies how each of these activities con- fiscal year 2002, and $8,262,000 for fiscal year enhancing existing, partnerships to leverage re- tributes to the Program; and 2003 shall be for Automated Surface Observing sources. ‘‘(C) states the portion of its request for ap- System (ASOS); and ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— propriations allocated to each element of the (10) $38,642,000 for fiscal year 2001, $40,767,000 ‘‘(1) EXPANSION AND MODERNIZATION.—In ad- Program.’’. for fiscal year 2002, and $43,010,000 for fiscal dition to amounts appropriated under section SEC. 106. REPORT ON AT-RISK POPULATIONS. year 2003 shall be for Advanced Weather Inter- 12(b), there are authorized to be appropriated to Not later than one year after the date of the active Processing System (AWIPS). the Secretary of the Interior, to be used by the enactment of this Act, and after a period for (b) PROCUREMENT, ACQUISITION, AND CON- Director of the United States Geological Survey public comment, the Director of the Federal STRUCTION.—There are authorized to be appro- to establish the Advanced National Seismic Re- Emergency Management Agency shall transmit priated to the Secretary to enable the National search and Monitoring System— to the Congress a report describing the elements Oceanic and Atmospheric Administration to ‘‘(A) $33,500,000 for fiscal year 2001; of the Program that specifically address the carry out the Procurement, Acquisition, and ‘‘(B) $33,700,000 for fiscal year 2002; needs of at-risk populations, including the el- Construction activities of the National Weather ‘‘(C) $35,100,000 for fiscal year 2003; derly, persons with disabilities, non-English- Service $75,360,000 for fiscal year 2001, ‘‘(D) $35,000,000 for fiscal year 2004; and speaking families, single-parent households, and $77,754,000 for fiscal year 2002, and $71,012,000 ‘‘(E) $33,500,000 for fiscal year 2005. the poor. Such report shall also identify addi- for fiscal year 2003 to remain available until ex- ‘‘(2) OPERATION.—In addition to amounts ap- tional actions that could be taken to address pended. Of such amounts— propriated under section 12(b), there are author- those needs and make recommendations for any (1) $9,580,000 for fiscal year 2001, $16,798,000 ized to be appropriated to the Secretary of the additional legislative authority required to take for fiscal year 2002, and $15,931,000 for fiscal Interior, to be used by the Director of the United such actions. year 2003 shall be for Next Generation Weather States Geological Survey to operate the Ad- SEC. 107. PUBLIC ACCESS TO EARTHQUAKE IN- Radar (NEXRAD). vanced National Seismic Research and Moni- FORMATION. (2) $5,125,000 for fiscal year 2001, $5,125,000 for toring System— Section 5(b)(2)(A)(ii) of the Earthquake Haz- fiscal year 2002, and $5,125,000 for fiscal year ‘‘(A) $4,500,000 for fiscal year 2001; and ards Reduction Act of 1977 (42 U.S.C. ‘‘(B) $10,300,000 for fiscal year 2002.’’. 2003 shall be for Automated Surface Observing 7704(b)(2)(A)(ii)) is amended by inserting ‘‘, and System (ASOS). SEC. 104. NETWORK FOR EARTHQUAKE ENGI- development of means of increasing public ac- (3) $17,300,000 for fiscal year 2001, $17,300,000 NEERING SIMULATION. cess to available locality-specific information The Earthquake Hazards Reduction Act of for fiscal year 2002, and $9,645,000 for fiscal year that may assist the public in preparing for or re- 2003 shall be for Advanced Weather Interactive 1977 (42 U.S.C. 7701 et seq.) is amended by add- sponding to earthquakes’’ after ‘‘and the gen- ing at the end the following new section: Processing System (AWIPS); eral public’’. (4) $13,085,000 for fiscal year 2001, $17,505,000 ‘‘SEC. 14. NETWORK FOR EARTHQUAKE ENGI- SEC. 108. LIFELINES. for fiscal year 2002, and $19,285,000 for fiscal NEERING SIMULATION. Section 4(6) of the Earthquake Hazards Re- year 2003 shall be for Center Computer Facilities ‘‘(a) ESTABLISHMENT.—The Director of the duction Act of 1977 (42 U.S.C. 7703(6)) is amend- Upgrades; National Science Foundation shall establish a ed by inserting ‘‘and infrastructure’’ after (5) $7,000,000 for fiscal year 2001, $7,000,000 for Network for Earthquake Engineering Simulation ‘‘communication facilities’’. fiscal year 2002, and $7,000,000 for fiscal year that will upgrade, link, and integrate a system 2003 shall be for Radiosonde Replacement; of geographically distributed experimental fa- TITLE II—NATIONAL WEATHER SERVICE (6) $9,526,000 for fiscal year 2001, $9,526,000 for cilities for earthquake engineering testing of AND RELATED AGENCIES AUTHORIZA- fiscal year 2002, and $9,526,000 for fiscal year full-sized structures and their components and TION ACT 2003 shall be for Weather Forecast Office (WFO) partial-scale physical models. The system shall SEC. 201. DEFINITIONS. Construction; be integrated through net-working software so For purposes of this title, the term— (7) $6,244,000 for fiscal year 2001, $4,500,000 for that integrated models and databases can be (1) ‘‘Administrator’’ means the Administrator fiscal year 2002, and $4,500,000 for fiscal year used to create model-based simulation, and the of the National Oceanic and Atmospheric Ad- 2003 shall be for NOAA Weather Radio Expan- components of the system shall be inter- ministration; and sion; and connected with a computer network and allow (2) ‘‘Secretary’’ means the Secretary of Com- (8) $5,500,000 for fiscal year 2001 shall be for for remote access, information sharing, and col- merce. the Evansville Infrastructure Protection. laborative research. SEC. 202. NATIONAL WEATHER SERVICE. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—In (a) OPERATIONS, RESEARCH, AND FACILITIES.— SEC. 203. ATMOSPHERIC RESEARCH. addition to amounts appropriated under section There are authorized to be appropriated to the (a) OPERATIONS, RESEARCH, AND FACILITIES.— 12(c), there are authorized to be appropriated, Secretary to enable the National Oceanic and (1) IN GENERAL.—There are authorized to be out of funds otherwise authorized to be appro- Atmospheric Administration to carry out the appropriated to the Secretary to enable the Na- priated to the National Science Foundation, Operations, Research, and Facilities activities of tional Oceanic and Atmospheric Administration $28,200,000 for fiscal year 2001 for the Network the National Weather Service $634,872,000 for to carry out the Atmospheric Research Oper- for Earthquake Engineering Simulation. In ad- fiscal year 2001, $669,790,000 for fiscal year 2002, ations, Research, and Facilities environmental dition to amounts appropriated under section and $706,628,000 for fiscal year 2003, to remain research and development activities of the Office 12(c), there are authorized to be appropriated to available until expended. Of such amounts— of Oceanic and Atmospheric Research the National Science Foundation for the Net- (1) $466,471,000 for fiscal year 2001, $201,963,000 for fiscal year 2001, $213,071,000 for work for Earthquake Engineering Simulation— $492,127,000 for fiscal year 2002, and $519,194,000 fiscal year 2002, and $224,790,000 for fiscal year ‘‘(1) $24,400,000 for fiscal year 2002; for fiscal year 2003 shall be for Local Warnings 2003 to remain available until expended. ‘‘(2) $4,500,000 for fiscal year 2003; and and Forecasts; (2) CLIMATE AND AIR QUALITY RESEARCH.—Of ‘‘(3) $17,000,000 for fiscal year 2004.’’. (2) $1,000,000 for fiscal year 2001, $1,055,000 for the amounts authorized under paragraph (1), SEC. 105. BUDGET COORDINATION. fiscal year 2002, and $1,113,000 for fiscal year $154,356,000 for fiscal year 2001, $162,846,000 for Section 5 of the Earthquake Hazards Reduc- 2003 shall be for Advanced Hydrological Pre- fiscal year 2002, and $171,802,000 for fiscal year tion Act of 1977 (42 U.S.C. 7704) is amended— diction System; 2003 shall be for Climate and Air Quality Re- (1) by striking subparagraph (A) of subsection (3) $619,000 for fiscal year 2001, $653,000 for search, of which— (b)(1) and redesignating subparagraphs (B) fiscal year 2002, and $689,000 for fiscal year 2003 (A) $14,986,000 for fiscal year 2001, $15,813,000 through (F) of subsection (b)(1) as subpara- shall be for Susquehanna River Basin Flood for fiscal year 2002, and $16,683,000 for fiscal graphs (A) through (E), respectively; Systems; year 2003 shall be for Interannual and Seasonal (2) by striking ‘‘in this paragraph’’ in the last (4) $35,596,000 for fiscal year 2001, $37,554,000 Climate Research; sentence of paragraph (1) of subsection (b) and for fiscal year 2002, and $39,619,000 for fiscal (B) $30,525,000 for fiscal year 2001, $32,204,000 inserting ‘‘in subparagraph (E)’’; and year 2003 shall be for Aviation Forecasts; for fiscal year 2002, and $33,975,000 for fiscal (3) by adding at the end the following new (5) $5,250,000 for fiscal year 2001, $5,539,000 for year 2003 shall be for Long-Term Climate and subsection; fiscal year 2002, and $5,843,000 for fiscal year Air Quality Research;

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00094 Fmt 4624 Sfmt 6333 E:\CR\FM\A18OC6.128 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10739 (C) $67,095,000 for fiscal year 2001, $70,785,000 (1) $136,965,000 for fiscal year 2001, (4) an analysis of the strengths and weak- for fiscal year 2002, and $74,678,000 for fiscal $136,965,000 for fiscal year 2002, and $103,010,000 nesses of, opportunities for, and threats to the year 2003 shall be for Climate and Global for fiscal year 2003 shall be for the procurement United States Fire Administration; Change; and launch of, and supporting ground systems (5) an identification of the fire-related activi- (D) $5,000,000 for fiscal year 2001, $5,275,000 for, Polar Orbiting Environmental Satellites ties of the National Institute of Standards and for fiscal year 2002, and $5,565,000 for fiscal year (POES), K, L, M, N, and N′. Technology, the Department of Defense, and 2003 shall be for Global Learning and Observa- (2) $76,654,000 for fiscal year 2001, $156,731,000 other Federal agencies, and a discussion of how tions to Benefit the Environment (GLOBE); and for fiscal year 2002, and $236,471,000 for fiscal those activities can be coordinated with and (E) $12,750,000 for fiscal year 2001, $13,451,000 year 2003 shall be for the procurement and contribute to the achievement of the goals and for fiscal year 2002, and $14,191,000 for fiscal launch of, and supporting ground systems for, objectives identified under paragraph (2); year 2003 for High Performance Computing and the National Polar-Orbiting Operational Envi- (6) a description of objective, quantifiable per- Communications. ronmental Satellite System (NPOESS). formance goals needed to define the level of per- (3) ATMOSPHERIC PROGRAMS.—Of the amounts (3) $323,209,000 for fiscal year 2001, formance achieved by program activities in authorized under paragraph (1), $47,607,000 for $221,575,000 for fiscal year 2002, and $215,464,000 training, research, data collection and analysis, fiscal year 2001, $50,225,000 for fiscal year 2002, for fiscal year 2003 shall be for the procurement and public education, and how these perform- and $52,988,000 for fiscal year 2003 shall be for and launch of, and supporting ground systems ance goals relate to the general goals and objec- Atmospheric Programs, of which— for, Geo-stationary Operational Environment tives in the strategic plan; (A) $37,075,000 for fiscal year 2001, $39,114,000 NEXT follow-on Satellites (GOES N–Q). (7) an identification of key factors external to for fiscal year 2002, and $41,265,000 for fiscal SEC. 205. MINORITY SERVING INSTITUTIONS. the United States Fire Administration and be- year 2003 shall be for Weather Research; There are authorized to be appropriated yond its control that could affect significantly (B) $4,350,000 for fiscal year 2001, $4,589,000 $17,000,000 for fiscal year 2001, $17,935,000 for the achievement of the general goals and objec- for fiscal year 2002, and $4,842,000 for fiscal year fiscal year 2002, and $18,921,000 for fiscal year tives; 2003 shall be for Wind Profiler; and 2003 for Minority Serving Institutions in the At- (8) a description of program evaluations used (C) $6,182,000 for fiscal year 2001, $6,522,000 mospheric, Environmental, and Oceanic in establishing or revising general goals and ob- for fiscal year 2002, and $6,881,000 for fiscal year Sciences. jectives, with a schedule for future program 2003 shall be for Solar-Terrestrial Services and SEC. 206. INTERNET AVAILABILITY OF INFORMA- evaluations; Research. TION. (9) a plan for the timely distribution of infor- (b) PROCUREMENT, ACQUISITION, AND CON- The Administrator shall make available mation and educational materials to State and STRUCTION.—There are authorized to be appro- through the Internet home page of the National local firefighting services, including volunteer, priated to the Secretary to enable the National Oceanic and Atmospheric Administration the career, and combination services throughout the Oceanic and Atmospheric Administration to abstracts relating to all research grants and United States; carry out the Atmospheric Research Procure- awards made with funds authorized by this Act. (10) a description of how the strategic plan ment, Acquisition, and Construction environ- Nothing in this section shall be construed to re- prepared under this section will be incorporated mental research and development activities of quire or permit the release of any information into the strategic plan and the performance the Office of Oceanic and Atmospheric Research prohibited by law or regulation from being re- plans and reports of the Federal Emergency $7,000,000 for fiscal year 2001, $7,000,000 for fis- leased to the public. Management Agency; cal year 2002, and $7,000,000 for fiscal year 2003, (11)(A) a description of the current and for the Geophysical Fluid Dynamics Laboratory TITLE III—FIRE ADMINISTRATION AUTHORIZATION ACT planned use of the Internet for the delivery of Supercomputer. training courses by the National Fire Academy, SEC. 301. AUTHORIZATION OF APPROPRIATIONS. SEC. 204. NATIONAL ENVIRONMENTAL SAT- including a listing of the types of courses and a Section 17(g)(1) of the Federal Fire Prevention ELLITE, DATA AND INFORMATION description of each course’s provisions for real SERVICE. and Control Act of 1974 (15 U.S.C. 2216(g)(1)) is time interaction between instructor and stu- (a) OPERATIONS, RESEARCH, AND FACILITIES.— amended— dents, the number of students enrolled, and the (1) IN GENERAL.—There are authorized to be (1) by striking ‘‘and’’ at the end of subpara- geographic distribution of students, for the most appropriated to the Secretary to enable the Na- graph (G); recent fiscal year; tional Oceanic and Atmospheric Administration (2) by striking the period at the end of sub- (B) an assessment of the availability and ac- to carry out the Operations, Research, and Fa- paragraph (H) and inserting a semicolon; and tual use by the National Fire Academy of Fed- cilities environmental research and development (3) by adding at the end the following: eral facilities suitable for distance education ap- and related activities of the National Environ- ‘‘(I) $69,753,000 for fiscal year 2001; plications, including facilities with teleconfer- mental Satellite, Data and Information Service ‘‘(J) $46,096,000 for fiscal year 2002; and encing capabilities; and $108,201,000 for fiscal year 2001, $114,152,000 for ‘‘(K) $47,479,000, for fiscal year 2003.’’. (C) an assessment of the benefits and problems fiscal year 2002, and $120,430,000 for fiscal year None of the funds authorized for fiscal years associated with delivery of instructional courses 2003 to remain available until expended. 2001 and 2002 may be obligated unless the Ad- using the Internet, including limitations due to (2) SATELLITE OBSERVING SYSTEMS.—Of the ministrator has verified to the Committee on network bandwidth at training sites, the avail- amounts authorized under paragraph (1), Science of the House of Representatives and the ability of suitable course materials, and the ef- $63,412,000 for fiscal year 2001, $66,900,000 for Committee on Commerce, Science, and Transpor- fectiveness of such courses in terms of student fiscal year 2002, and $70,579,000 for fiscal year tation of the Senate that the obligation of funds performance; 2003 shall be for Satellite Observing Systems, of is consistent with the strategic plan transmitted (12) timeline for implementing the plan; and which— under section 302 of this Act. (A) $5,500,000 for fiscal year 2001, $5,803,000 SEC. 302. STRATEGIC PLAN. (13) the expected costs for implementing the plan. for fiscal year 2002, and $6,122,000 for fiscal year (a) REQUIREMENT.—Not later than April 30, 2003 shall be for Global Disaster Information 2000, the Administrator of the United States Fire SEC. 303. RESEARCH AGENDA. Network (GDIN); Administration shall prepare and transmit to (a) REQUIREMENT.—Not later than 120 days (B) $4,000,000 for fiscal year 2001, $4,220,000 the Committee on Science of the House of Rep- after the date of the enactment of this Act, the for fiscal year 2002, and $4,452,000 for fiscal year resentatives and the Committee on Commerce, Administrator of the United States Fire Admin- 2003 shall be for Ocean Remote Sensing; and Science, and Transportation of the Senate a 5- istration, in consultation with the Director of (C) $53,912,000 for fiscal year 2001, $56,877,000 year strategic plan of program activities for the the Federal Emergency Management Agency, for fiscal year 2002, and $60,005,000 for fiscal United States Fire Administration. the Director of the National Institute of Stand- year 2003 shall be for Environmental Observing (b) CONTENTS OF PLAN.—The plan required by ards and Technology, representatives of trade, Services. subsection (a) shall include— professional, and nonprofit associations, State (3) ENVIRONMENTAL DATA MANAGEMENT SYS- (1) a comprehensive mission statement cov- and local firefighting services, and other appro- TEMS.—Of the amounts authorized under para- ering the major functions and operations of the priate entities, shall prepare and transmit to the graph (1), $44,879,000 for fiscal year 2001, United States Fire Administration in the areas Committee on Science of the House of Represent- $47,252,000 for fiscal year 2002, and $49,851,000 of training; research, development, test and atives and the Committee on Commerce, Science, for fiscal year 2003 shall be for Environmental evaluation; new technology and non-develop- and Transportation of the Senate a report de- Data Management Systems. mental item implementation; safety; scribing the United States Fire Administration’s (b) PROCUREMENT, ACQUISITION, AND CON- counterterrorism; data collection and analysis; research agenda and including a plan for imple- STRUCTION.—There are authorized to be appro- and public education; menting that agenda. priated to the Secretary to enable the National (2) general goals and objectives, including (b) CONTENTS OF REPORT.—The report re- Oceanic and Atmospheric Administration to those related to outcomes, for the major func- quired by subsection (a) shall— carry out the Procurement, Acquisition, and tions and operations of the United States Fire (1) identify research priorities; Construction environmental research and devel- Administration; (2) describe how the proposed research agenda opment and related activities of the National (3) a description of how the goals and objec- will be coordinated and integrated with the pro- Environmental Satellite, Data and Information tives identified under paragraph (2) are to be grams and capabilities of the National Institute Service $445,828,000 for fiscal year 2001, achieved, including operational processes, skills of Standards and Technology, the Department $515,271,000 for fiscal year 2002, and $554,945,000 and technology, and the human, capital, infor- of Defense, and other Federal agencies; for fiscal year 2003 to remain available until ex- mation, and other resources required to meet (3) identify potential roles of academic, trade, pended of such amounts— those goals and objectives; professional, and non-profit associations, and

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00095 Fmt 4624 Sfmt 6333 E:\CR\FM\A18OC6.128 pfrm02 PsN: S18PT1 S10740 CONGRESSIONAL RECORD — SENATE October 18, 2000 other research institutions in achieving the re- AMENDMENT NO. 4323 research for better safety equipment search agenda; (Purpose: To authorize appropriations for and clothing—to the more than 1.2 mil- (4) provide cost estimates, anticipated per- earthquake reduction activities, and for lion paid and volunteer firefighters sonnel needs, and a schedule for completing the other purposes) throughout the Nation. various elements of the research agenda; Mr. SESSIONS. Mr. President, Sen- The administration’s FY 2001 budget (5) describe ways to leverage resources ator FRIST has an amendment at the request for the Fire Administration through partnerships, cooperative agreements, desk, and I ask for its consideration. was $69 million, $25 million of which and other means; and The PRESIDING OFFICER. The was for grants to local fire depart- (6) discuss how the proposed research agenda clerk will report. ments. S. 1941, the Firefighter Invest- will enhance training, improve State and local The legislative clerk read as follows: firefighting services, impact standards and ment and Response Enhancement Act, codes, increase firefighter and public safety, The Senator from Alabama [Mr. SESSIONS], authorizes $100 million in FY 2001 and and advance firefighting techniques. for Mr. FRIST, proposes an amendment num- $300 million in FY 2002 for these grants. bered 4323. (c) USE IN PREPARING STRATEGIC PLAN.—The That bill was ordered to be reported by research agenda prepared under this section (The text of the amendment is print- the Commerce Committee on shall be used in the preparation of the strategic ed in today’s RECORD under ‘‘Amend- Spetember 20, 2000. Subsequently, the plan required by section 302. ments Submitted.’’) text of S. 1941, as reported, was in- SEC. 304. SURPLUS AND EXCESS FEDERAL EQUIP- Mr. SESSIONS. Mr. President, I ask cluded in the Department of Defense MENT. unanimous consent that the amend- Authorization Act. Therefore, the sub- The Federal Fire Prevention and Control Act ment be agreed to, the committee stitute amendment to H.R. 1550 now of 1974 is amended by adding at the end the fol- amendment, as amended, be agreed to, under consideration does not include lowing new section: the bill, as amended, be read the third funding for grants to local fire depart- ‘‘SEC. 33. SURPLUS AND EXCESS FEDERAL EQUIP- time and passed, the motion to recon- ments within the Fire Administra- MENT. sider be laid upon the table, and any tion’s FY 2001 authorization. ‘‘The Administrator shall make publicly avail- statements relating to the bill be The bill also provides additional able, including through the Internet, informa- printed in the RECORD. funding for counterterrorism training, tion on procedures for acquiring surplus and ex- The PRESIDING OFFICER. Without requires the Fire Administration to cess equipment or property that may be useful to submit a strategic plan and a plan for State and local fire, emergency, and hazardous objection, it is so ordered. material handling service providers.’’. The amendment (No. 4323) was agreed research, and makes technical correc- to. tions to the Fire Prevention and Con- SEC. 305. COOPERATIVE AGREEMENTS WITH FED- ERAL FACILITIES. The committee amendment in the trol Act of 1974 and the National Fallen Firefighters Foundation Act. I support The Federal Fire Prevention and Control Act nature of a substitute, as amended, was of 1974, as amended by section 304, is amended agreed to. H.R. 1550 and urge its immediate pas- by adding at the end the following new section: The bill (S. 1639), as amended, was sage. AMENDMENT NO 4324 ‘‘SEC. 34. COOPERATIVE AGREEMENTS WITH FED- read the third time and passed. . ERAL FACILITIES. (The bill will be printed in a future (Purpose: To authorize appropriations for ‘‘The Administrator shall make publicly avail- edition of the RECORD.) the Fire Administration, and for other pur- able, including through the Internet, informa- poses) tion on procedures for establishing cooperative Mr. SESSIONS. Mr. President, Sen- agreements between State and local fire and FIRE ADMINISTRATION ator FRIST has an amendment at the emergency services and Federal facilities in their AUTHORIZATION ACT OF 2000 desk, and I ask for its consideration. region relating to the provision of fire and emer- Mr. SESSIONS. Mr. President, I ask The PRESIDING OFFICER. The gency services.’’. unanimous consent that the Commerce clerk will report. SEC. 306. NEED FOR ADDITIONAL TRAINING IN Committee be discharged from further The legislative clerk read as follows: COUNTERTERRORISM. consideration of H.R. 1550 and the Sen- The Senator from Alabama [Mr. SESSIONS], (a) IN GENERAL.—The administrator of the ate then proceed to its immediate con- for Mr. FRIST, proposes an amendment num- United States Fire Administration shall conduct bered 4324. an assessment of the need for additional capa- sideration. The PRESIDING OFFICER. Without (The text of the amendment is print- bilities for Federal counterterrorism training of ed in today’s RECORD under ‘‘Amend- emergency response personnel. objection, it is so ordered. The clerk will report the bill by title. ments Submitted.’’) (b) CONTENTS OF ASSESSMENT.—The assess- Mr. SESSIONS. Mr. President, I ask The legislative clerk read as follows: ment conducted under this section shall in- unanimous consent that the amend- clude— A bill (H.R. 1550) to authorize appropria- ment be agreed to, the bill, as amend- (1) a review of the counterterrorism training tions for the United States Fire Administra- programs offered by the United States Fire Ad- tion for fiscal years 2000 and 2001, and for ed, be read the third time and passed, ministration and other Federal agencies; other purposes. the motion to reconsider be laid upon the table, and any statements relating (2) an estimate of the number and types of There being no objection, the Senate to the bill be printed in the RECORD emergency response personnel that have, during proceeded to consider the bill. . The PRESIDING OFFICER. Without the period between January 1, 1994, and October Mr. HOLLINGS. Mr. President, the objection, it is so ordered. 1, 1999, sought training described in paragraph United States has over 2 million fires (1), but have been unable to receive that train- The bill (H.R. 1550), as amended, was ing as a result of the oversubscription of the annually. Each one can devastate a read the third time and passed. training capabilities; and family or business. I should know. Last (3) a recommendation on the need to provide year, I lost my home in Charleston, SC additional Federal counterterrorism training to fire. The statistics—approximately HONORING THE MEMBERS OF THE centers, including— 4500 deaths, 30,000 civilian injuries, CREW OF THE GUIDED MISSILE (A) an analysis of existing Federal facilities more than $8 billion in direct property DESTROYER U.S.S. ‘‘COLE’’ WHO that could be used as counterterrorism training losses, and more than $50 billion in WERE KILLED OR WOUNDED IN facilities; and costs to taxpayers each year—do not THE TERRORIST BOMBING AT- (B) a cost-benefit analysis of the establish- tell the whole story. A fire can take TACK ON THAT VESSEL ment of such counterterrorism training facilities. away a lifetime of things that have Mr. SESSIONS. Mr. President, I ask (c) REPORT.—Not later than 180 days after the true value only to the person who has unanimous consent that the Senate date of the enactment of this Act, the Adminis- suffered the loss. The tragic thing is trator shall prepare and submit to the Congress now proceed to the immediate consid- a report on the results of the assessment con- that most of these fires are prevent- eration of S. Res. 378, submitted by ducted under this section. able. Senator WARNER for himself and oth- H.R. 1550 would authorize appropria- SEC. 307. WORCESTER POLYTECHNIC INSTITUTE ers. FIRE SAFETY RESEARCH PROGRAM. tions for the United States Fire Ad- The PRESIDING OFFICER. The From the funds authorized to be appropriated ministration for fiscal years 2001, 2002, clerk will report the resolution by by section 301, $1,000,000 may be expended for and 2003. The Fire Administration pro- title. the Worcester Polytechnic Institute fire safety vides invaluable services—such as The assistant legislative clerk read research program. training, data, arson assistance, and as follows:

VerDate 02-OCT-2000 03:59 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A18OC6.128 pfrm02 PsN: S18PT1 October 18, 2000 CONGRESSIONAL RECORD — SENATE S10741 A resolution (S. Res. 378) honoring the Mr. SESSIONS. Mr. President, I will who were lost and to extend our heart- members of the crew of the guided missile just add that I know how deeply Sen- felt condolences to their families, ship- destroyer U.S.S. Cole (DDG–67) who were ator WARNER feels about this. I am mates, and other loved ones, to express killed or wounded in the terrorist bombing attack on that vessel in Aden, Yemen, on Oc- very appreciative that he submitted our concern for the Sailors injured in tober 12, 2000, expressing the sympathies of this resolution. Senator WARNER served the attack and wish them a speedy and the Senate to the families of those crew in both the Marines and the Navy, full recovery, and to commend the en- members, commending the ship’s crew for serving as Secretary of the Navy, and tire crew for the performance and pro- their heroic damage control efforts, and con- now serves as chairman of the Armed fessionalism in saving their shipmates demning the bombing of that ship. Services Committee. He and a substan- and their ship. You all remain in our There being no objection, the Senate tial delegation of Senators and Con- prayers. proceeded to consider the resolution. gressmen attended the services today With this apparent terrorist attack, Mr. SESSIONS. Mr. President, I ask for those sailors we lost on the Cole. once again, we were brutally reminded unanimous consent that the resolution We need to remember the Cole, and of the dangers and risks that our young be agreed to, the preamble be agreed we need to remember the hundreds of men and women who serve in uniform to, the motion to reconsider be laid thousands of service men and women face each hour of the day as they safe- upon the table, and that any state- who are serving us around the globe guard our nation’s security interests ments relating to the resolution be who cannot be fully protected where around the world. In difficult times, printed in the RECORD. they are. I think this is an important one’s true colors are revealed—and so I The PRESIDING OFFICER. Without resolution today. It is appropriate that applaud the valiant and courageous ac- objection, it is so ordered. tions of the entire crew of the U.S.S. The resolution (S. Res. 378) was this Senate pauses to remember them. agreed to. Cole as they fought to save their ship- The preamble was agreed to. mates and their ship from this des- The resolution, with its preamble, MEMORIALIZING THE SAILORS OF picable act. reads as follows: THE NAVY LOST IN THE ATTACK The courageous crew of the Cole em- S. RES. 378 ON THE U.S.S. ‘‘COLE ’’ bodies the motto of their ship as ‘‘De- termined Warriors.’’ As we watched Whereas the guided missile destroyer Mr. SESSIONS. Mr. President, I ask U.S.S. COLE (DDG–67) was severely damaged unanimous consent that the Senate those first pictures unfold before our on October 12, 2000, when a boat bomb ex- now proceed to the immediate consid- eyes I was struck by their profes- ploded alongside that ship while on a refuel- eration of S. Res. 379, submitted earlier sionalism, skill, and pride in fulfilling ing stop in Aden, Yemen; their duties. In that photo which shows by Senator SNOWE. Whereas the explosion resulted in a 40-by- a close up of the gaping hole at the wa- 45 foot hole in the port side of the ship at the The PRESIDING OFFICER. The clerk will report the resolution by terline, I notice Sailors working on the waterline and left seven of the ship’s crew deck just above, at once no doubt dead, ten who as of October 17, 2000, are miss- title. ing and presumed dead, and over three dozen The assistant legislative clerk read shocked and saddened by the loss of wounded; as follows: their shipmates, yet doing their jobs Whereas the U.S.S. COLE had stopped in running pumps, securing lines, and car- A resolution (S. Res. 379) memorializing Aden for routine refueling while in transit the sailors of the Navy lost in the attack on rying out the myriad other duties in from the Red Sea to the Persian Gulf to con- the U.S.S. Cole (DDG–67) in the port of Aden, this emergency with courage and deter- duct forward maritime presence operations Yemen, on October 12, 2000; extending condo- mination. in the Persian Gulf region as part of the lences to their families and other loved ones; Although I will reserve my judge- U.S.S. George Washington battle group; extending sympathy to the members of the ment on the specific cause of this trag- Whereas the members of the United States crew of that vessel who were injured in the Navy killed and wounded in the bombing edy until the formal investigation has attack; and commending the entire crew for were performing their duty in furtherance of concluded and those responsible have its performance and professionalism in sav- the national security interests of the United been identified, there should be no mis- ing the U.S.S. Cole. States; take: those who want to disrupt peace Whereas United States national security There being no objection, the Senate and deter our nation from our global interests continue to require the forward de- proceeded to consider the resolution. responsibilities must know that we will ployment of elements of the Armed Forces; Ms. SNOWE. Mr. President, I rise leave no stone unturned in our search Whereas the members of the Armed Forces today to express how deeply saddened to determine who is culpable. They are routinely called upon to perform duties and angered I am by the apparent ter- must and will be held accountable. And that place their lives at risk; rorist attack on the U.S.S. Cole on Oc- Whereas the crew members of the U.S.S. I feel strongly that the US should keep COLE who lost their lives as a result of the tober 12th. Earlier today, along with all options open in determining the ap- bombing of their ship on October 12, 2000, many of my distinguished colleagues, I propriate actions for holding those re- died in the honorable service to the Nation attended a memorial service in Nor- sponsible accountable for this cowardly and exemplified all that is best in the Amer- folk, Virginia, the homeport of Cole. It action. ican people; and was an emotional event. The nation The courage and resoluteness in the Whereas the heroic efforts of the surviving lost 17 of its sons and daughters in the face of adversity shown by the gallant crew members of the U.S.S. Cole after the at- prime of their lives. crew of the U.S.S. Cole is a national tack to save their ship and rescue their And we ask why? Why did this hap- wounded shipmates are in the highest tradi- characteristic of Americans and when tion of the United States Navy: Now, there- pen? I am hopeful that the details of we are attacked under such cir- fore, be it the facts of this despicable act will be cumstances, we all become ‘‘deter- Resolved, That the Senate, in response to determined by the vigorous ongoing in- mined warriors.’’ the terrorist bombing attack on the U.S.S. vestigation. But I will tell my col- The men and women of our armed COLE (DDG–67) on October 12, 2000, while on leagues why—it is because we have na- forces are today’s patriots who remain a refueling stop in Aden, Yemen, hereby— tional interests throughout the world ever vigilant against those who seek to (1) honors the members of the crew of the and we have established a world wide U.S.S. COLE who died as a result of that at- undermine peace and stability in the tack and sends heartfelt condolences to their military presence to protect these in- uncertain world in which we live. I families, friends, and loved ones; terests. We rely on these courageous have said before and I continue to be- (2) honors the members of the crew of the young men and women who have volun- lieve that one of the United States’ U.S.S. COLE who were wounded in the at- teered to serve in our military to make greatest blessings is that so many of tack for their service and sacrifice, expresses the sacrifices necessary to protect her young men and women elect to its hopes for their rapid and complete recov- these national interests. Mr. President, stand vigil knowing full well the sac- ery, and extends its sympathies to their fam- these young men and women of the rifices they may be called upon to ilies; U.S.S. Cole who were lost have made (3) commends the crew of the U.S.S. COLE make. Certainly, America is stronger for their heroic damage control efforts; and the ultimate sacrifice. for their sacrifice and remains forever (4) condemns the attack against the U.S.S. As the chair of the Seapower Sub- indebted. COLE as an unprovoked and cowardly act of committee, I submitted a Senate reso- Mr. President, again it is with the terrorism. lution to memorialize those Sailors deepest sorrow that I rise today to

VerDate 02-OCT-2000 05:13 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\G18OC6.166 pfrm02 PsN: S18PT1 S10742 CONGRESSIONAL RECORD — SENATE October 18, 2000 mourn the loss of our brave Sailors— (7) Andrew Triplett, Ensign, of Macon, Mis- ORDERS FOR THURSDAY, OCTOBER my heart goes out to their families as sissippi. 19, 2000 (8) Lakeina Monique Francis, Mess Man- well as those who have suffered injuries Mr. SESSIONS. Mr. President, I ask and their loved ones. May God grant agement Specialist, of Woodleaf, North Caro- lina. unanimous consent that when the Sen- them comfort and solace in the days (9) Timothy Lee Gauna, Information Sys- ate completes its business today, it re- ahead. It is my hope that, with this en- tems Technician Seaman, of Rice, Texas. cess until the hour of 10:30 a.m. on rolled resolution, they will know that (10) Ronald Scott Owens, Electronics War- Thursday, October 19. I further ask the entire nation grieves with them. fare Technician Third Class, of Vero Beach, consent that on Thursday, imme- Mr. SESSIONS. Mr. President, I ask Florida. diately following the prayer, the Jour- unanimous consent that the resolution (11) Patrick Howard Roy, Fireman Appren- tice, of Cornwall on the Hudson, New York. nal of proceedings be approved to date, be agreed to, the preamble be agreed the time for the two leaders be re- to, the motion to reconsider be laid (12) Kevin Shawn Rux, Electronics Warfare Technician Second Class, of Portland, North served for their use later in the day, upon the table, and that any state- Dakota. and the Senate then proceed to a pe- ments relating to the resolution be (13) Ronchester Manangan Santiago, Mess riod of morning business until 12:30, printed in the RECORD. Management Specialist Third Class, of with the time equally divided between The PRESIDING OFFICER. Without Kingsville, Texas. the two leaders or their designees, with objection, it is so ordered. (14) Gary Graham Swenchonis, Jr., Fire- Senators speaking for up to 5 minutes, man, of Rockport, Texas. The resolution (S. Res. 379) was with the following exceptions: Senator agreed to. (15) Kenneth Eugene Clodfelter, Hull Main- ASHCROFT for the first 15 minutes; Sen- The preamble was agreed to. tenance Technician Third Class, of Mechan- ator DURBIN or his designee, 15 min- The resolution, with its preamble, icsville, Virginia. (16) Mark Ian Neito, Engineman Second utes. reads as follows: Class, of Fond du Lac, Wisconsin. The PRESIDING OFFICER. Without S. RES. 379 (17) Joshua Langdon Parlett, Engineman objection, it is so ordered. Whereas the Arleigh Burke class destroyer Fireman, of Churchville, Maryland. Mr. SESSIONS. Mr. President, I fur- U.S.S. Cole (DDG–67) was attacked in the (b) The Senate extends condolences to the ther ask unanimous consent that the port of Aden, Yemen, on October 12, 2000, ap- members of the families, other loved ones, parently by terrorists who, by insidious ruse, Senate recess from 12:30 until 2:15 to and shipmates of those devoted sailors who drew along side the vessel in a small boat accommodate a party caucus. containing powerful explosives that deto- made the ultimate sacrifice in the service of The PRESIDING OFFICER. Without nated next to the hull of the vessel; the United States. objection, it is so ordered. Whereas the horrific explosion in that at- (c) It is the sense of the Senate that all of tack resulted in the loss of 17 sailors and in- the people of the United States join the Chief jury to another 39 sailors, all of them being of Naval Operations and the other members PROGRAM members of the Navy serving in the crew of of the Navy in mourning the grievous loss of Mr. SESSIONS. For the information the U.S.S. Cole; life among the members of the crew of the Whereas those sailors who lost their lives of all Senators, I say on behalf of the U.S.S. Cole resulting from the attack on made the ultimate sacrifice in the service of majority leader, following the recess that vessel. the United States and the Navy; on Thursday, the Senate may consider Whereas all of the remaining members of SEC. 2. The Senate— the VA-HUD appropriations conference the crew of the U.S.S. Cole responded val- (1) recognizes the loss, sacrifice, valor, and report, if available; a continuing reso- iantly and courageously to save their ship determination of the surviving members of from sinking from the explosion and, in so the crew of the U.S.S. Cole; lution, if received from the House; or a doing, proved themselves to be ‘‘Determined (2) extends sympathy to the 39 sailors of procedural vote with respect to the Warriors’’, the motto of their ship; and that crew who were injured in the attack on bankruptcy reform issue. Therefore, Whereas the men and women of the crew of their vessel; and rollcall votes will occur during Thurs- the U.S.S. Cole, like all of the men and (3) commends the members of the crew for day’s session of the Senate. women of the Armed Forces, are the current their remarkable performance, profes- patriots who stand ever vigilant against the sionalism, skill, and success in fulfilling attacks of those who seek to undermine their duties to support and save the U.S.S. RECESS UNTIL 10:30 A.M. peace and stability in an uncertain world: Cole following the attack. TOMORROW Now, therefore, be it SEC. 3. The Secretary of the Senate shall Resolved, That (a) the Senate memorializes Mr. SESSIONS. Mr. President, if transmit an enrolled copy of this resolution those sailors of the Navy who were lost in there is no further business to come be- to the Chief of Naval Operations, the com- the despicable attack on the U.S.S. Cole fore the Senate, I now ask unanimous (DDG–67) on October 12, 2000, in the port of manding officer of the U.S.S. Cole, and the family of each member of the United States consent that the Senate stand in recess Aden, Yemen, as follows: under the previous order. (1) Richard Costelow, Electronics Techni- Navy who was lost in the attack on the cian First Class, of Morrisville, Pennsyl- U.S.S. Cole (DDG–67) in the port of Aden, There being no objection, the Senate, vania. Yemen, on October 12, 2000. at 7:29 p.m., recessed until Thursday, (2) Cherone Louis Gunn, Signalman Sea- October 19, 2000, at 10:30 a.m. man Recruit, of Rex, Georgia. Mr. SESSIONS. Mr. President, the (3) James Rodrick McDaniels, Seaman, of Senator from Maine, Ms. SNOWE, chairs Norfolk, Virginia. the Seapower Subcommittee in the CONFIRMATION (4) Craig Bryan Wibberley, Seaman Ap- Armed Services Committee, of which I Executive nomination confirmed by prentice, of Williamsport, Maryland. am honored to be a member. I likewise (5) Timothy Lamont Saunders, Operations the Senate October 18, 2000: Specialist Second Class, of Ringold, Virginia. appreciate very much her interest in CENTRAL INTELLIGENCE expressing our sympathy to the fami- (6) Lakiba Nicole Palmer, Seaman Recruit, JOHN E. MC LAUGHLIN, OF PENNSYLVANIA, TO BE DEP- of San Diego, California. lies of those sailors who were lost. UTY DIRECTOR OF CENTRAL INTELLIGENCE.

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TRIBUTE TO JASON HAYES OF of the United States Postal Service located at IN HONOR OF SALLY MORILLAS MADISON, ALABAMA 514 Express Center Drive in Chicago, Illinois, as the J.T. Weeker Service Center. It is with HON. ROBERT E. (BUD) CRAMER, JR. great pride that we in the Illinois Congres- HON. DENNIS J. KUCINICH sional Delegation honor a man for whom our OF ALABAMA OF OHIO IN THE HOUSE OF REPRESENTATIVES entire Nation is eternally grateful. IN THE HOUSE OF REPRESENTATIVES Wednesday, October 18, 2000 John Thomas (J.T.) Weeker was born in New York, New York in 1947. He graduated Wednesday, October 18, 2000 Mr. CRAMER. Mr. Speaker, I rise today to from Cornell University in 1969 and completed pay tribute to a very brave and fortunate Executive Management Programs at Harvard, Mr. KUCINICH. Mr. Speaker, I rise today to young man from Madison, Alabama, Mr. Pennsylvania State, and Duke Universities. pay tribute to one of Cleveland's finest citi- Jason Hayes. Last Thursday while in a Yemen Mr. Weeker began his career with the Post- zens. Mrs. Sally Morillas. At 86 years old, Mrs. port, the U.S.S. Cole was attacked with a al Service in 1972 in Akron, Ohio, as District Morillas continues to be an example of self- bomb that blew open a 40 by 40 ft. hole in the Director, Employee Relations and served in a lessness, volunteerism, and the spirit of com- midsection of the ship. The attack destroyed variety of management positions for the Postal munity. an engine room and nearby mess hall. Hayes Service throughout the United States. In 1988 was on the mess deck at the time and is cur- Sally Morillas was born in Missouri, but she he was appointed General Manager/Post- rently recovering from cuts, bruises, smoke in- spent most of her childhood in Youngstown, master of the Albany, NY Field Division, and halation and a chemical burn on his foot. Ohio. Mrs. Morillas became an active force in Hayes, a third class petty officer on the served in that capacity until 1993, when he her community at an early age. Following her Navy destroyer, is a hero. The word ``hero'' is was appointed District Manager for the Albany graduation from Oberlin College in 1934, Mrs. not a word to be flippantly utteredÐbut Hayes District. Morillas was instrumental in organizing the and the other surviving sailors aboard the When Mr. Weeker was appointed to direct Youngstown Steelworkers Union. She contin- U.S.S. Cole that day are heroes. Their quick operations of the U.S. Postal Service's Great ued her admirable fight on behalf of the Union and brave actions saved lives as well as the Lakes Area in 1995, mail service in the area until moving to Cleveland in 1942. had been lambasted by public and postal offi- ship. Since then, Sally Morillas has made im- cials the year before. Joining a rehabilitation Today, people from all across North Ala- measurable contributions to the city of Cleve- effort already in progress, Mr. Weeker, known bama and especially his friends in the Madi- land, particularly for women and the Hispanic for fostering optimism in his coworkers, son area are gathering at the Huntsville Inter- community. Her interminable commitment to stressed employee development and built a national Airport to welcome their hero and his peace has earned her prominent positions in professional relationship with the region's larg- family home. I cannot be there today but I the Women's International League for Peace est postal customers. He brought tremendous wish I could to join his friends in telling Jason and Freedom and Women Speak Out for energy to this effort, despite his own fragile how proud we are of him and how thrilled we Peace and Justice. Her unfailing dedication to health. In 1977, he received a kidney and pan- are that he is home safe. Hayes is a 1995 peace first became evident during the Vietnam creas transplant to replace organs damaged graduate of Bob Jones High School and his War when she participated in anti-war dem- by a lifelong struggle with diabetes. parents, Jean and Stephen, still live in the onstrations in Cleveland and in Washington, Madison community. Our community has As Vice President of Operations of the DC. However, Mrs. Morillas does not only ex- come together in this crisis after receiving Great Lakes Area, Mr. Weeker was respon- ercise her political activism during times of war word of Jason's injuries and it is right that we sible for mail processing and distribution, cus- and struggle. She worked diligently on the gather to celebrate his homecoming. Jason tomer service and sales operations in a terri- campaign to lift the embargo on Cuba and on and the Hayes family including Jason's wife, tory covering most of Illinois, Indiana, and the effort to return Elian Gonzales to his family Roxanne, in Norfolk have been in our prayers. Michigan, serving 25 million customers and in Cuba. What happened last Thursday was an intol- staffed by more than 80,000 employees in 32 erable act of terrorism. Across the country, 17 plants and 2,140 post offices. Beyond her extraordinary involvement with families are having much different and much Noted for his innovative leadership and international issues and world peace, Mrs. more solemn ceremonies than the Hayes team building activities, Mr. Weeker imple- Morillas also supports causes that hit closer to today as they bury their sons and daughters mented the first extensive Quality Process in home. As a full-time teacher at Glenville High who did not survive the attack. My thoughts the Postal Service and was a founding mem- School for 7 years and a substitute teacher for and prayers are with those families today. I ber of the first national Management by Par- 10 years, Mrs. Morillas aimed to advance the urge our federal agents to exhaust all conceiv- ticipation committee. During the four years he interests of teachers through her membership able avenues to capture those responsible directed operations, Mr. Weeker changed in the Cleveland Teacher's Union. In addition and bring them to justice for this horrific crime. operational structures in the office, as well as to the Teacher's Union, Mrs. Morillas honor- On behalf of the Congress of the United the way the region examined its performance. ably served on the first advisory committee of States, I want to express my gratitude for Ja- As a result, mail delivery times in the Great the Hispanic Senior Center, where she is still son's bravery and his service. I know today is Lakes Area, and especially in Chicago, im- a member. Finally, she donated considerable an emotional and special day for the Hayes proved considerably. In FY 1998, the over- time and effort as a senior companion for the family and the Madison community. I hope night committed first-class mail arrived on time Benjamin Rose Institute, a non-profit, health that this time is a time for them to relish being in the Great Lakes Area 93.4 percent, and and social services organization that seeks to together and celebrate the bonds of family. 93.5 percent in Chicago and further improve- help Cleveland's elderly population. ments were seen in FY 1999 and FY 2000. Despite her numerous other commitments, Sally Morillas always found time for her family. J.T. WEEKER SERVICE CENTER Mr. Weeker died on January 6, 2000 at the University of Wisconsin Hospital in Madison, She has one daughter, Lucha, with her hus- SPEECH OF Wisconsin. He is survived by his wife, Julia band Diego Morillas who passed away in HON. HENRY J. HYDE (from Wheaton, Illinois), his parents Samuel 1966. and Maxine, his sister Wendy Vaccaro, and Mr. Speaker, I ask my fellow colleagues in OF ILLINOIS his brothers, Brett and Scott. the House of Representatives to join me today IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I urge the adoption of H.R. in honoring this remarkable woman, Sally Tuesday, October 17, 2000 5016. I thank the gentleman from Illinois (Mr. Morillas. The tremendous impact that she has Mr. HYDE. Madam Speaker, I rise in sup- BLAGOJEVICH) for recognizing this great man made on her community and the city of Cleve- port of H.R. 5016, which designates the facility from Illinois. land will last for generations to come.

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

VerDate 112000 04:34 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A18OC8.000 pfrm04 PsN: E18PT1 E1822 CONGRESSIONAL RECORD — Extensions of Remarks October 18, 2000 SENATE COMMITTEE MEETINGS mittee—of the time, place, and purpose Meetings scheduled for Thursday, Oc- of the meetings, when scheduled, and tober 19, 2000 may be found in the Daily Title IV of Senate Resolution 4, any cancellations or changes in the Digest of today’s RECORD. agreed to by the Senate on February 4, meetings as they occur. 1977, calls for establishment of a sys- As an additional procedure along MEETINGS SCHEDULED tem for a computerized schedule of all with the computerization of this infor- meetings and hearings of Senate com- mation, the Office of the Senate Daily OCTOBER 20 mittees, subcommittees, joint commit- Digest will prepare this information for 9 a.m. tees, and committees of conference. printing in the Extensions of Remarks Armed Services This title requires all such committees section of the CONGRESSIONAL RECORD To hold closed hearings on issues related to notify the Office of the Senate Daily on Monday and Wednesday of each to the attack on the U.S.S. Cole. Digest—designated by the Rules com- week. SR–222

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HIGHLIGHTS Senate agreed to the Conference Report on Agriculture Appropriations. The House agreed to H. Res. 631, honoring the members of the crew of the guided missile destroyer U.S.S. COLE who were killed or wounded in the terrorist bombing attack in Aden, Yemen, on October 12, 2000, expressing the sympathies of the House of Representatives to the families of those crew members, commending the ship’s crew for their heroic damage control efforts, and condemning the bombing of the U.S.S. COLE. Senate full membership Israel’s Magen David Adom Society Chamber Action with its emblem, the Red Shield of David. Routine Proceedings, pages S10645–S10742 Pages S10735±36 Measures Introduced: Seven bills and two resolu- Condemning Assassination of Father John Kai- tions were introduced, as follows: S. 3212–3218, and ser: Committee on Foreign Relations was discharged S. Res. 378–379. Page S10716 from further consideration of S. Con. Res. 146, con- Measures Reported: demning the assassination of Father John Kaiser and S. 2731, to amend title III of the Public Health others in Kenya, and calling for a thorough inves- Service Act to enhance the Nation’s capacity to ad- tigation to be conducted in those cases, a report on dress public health threats and emergencies, with the progress made in such an investigation to be amendments. (S. Rept. No. 106–505) submitted to Congress by December 15, 2000, and Report to accompany S. 2917, to settle the land a final report on such an investigation to be made claims of the Pueblo of Santo Domingo. (S. Rept. public, and the resolution was then agreed to. Page S10736 No. 106–506) Page S10715 Measures Passed: U.S. Navy 225th Birthday: Committee on Armed Services was discharged from further consid- Water Resources Research Act: Committee on eration of S. Res. 373, recognizing the 225th birth- Environment and Public Works was discharged from day of the United States Navy, and the resolution further consideration of H.R. 4132, to reauthorize was then agreed to. Pages S10736±37 grants for water resources research and technology Earth, Wind, and Fire Authorization Act: institutes established under the Water Resources Re- Sen- ate passed S. 1639, to authorize appropriations for search Act of 1984, and the bill was then passed, carrying out the Earthquake Hazards Reduction Act clearing the measure for the President. Page S10735 of 1977, for the National Weather Service and Re- Release of Edmond Pope: Senate agreed to H. lated Agencies, and for the United States Fire Ad- Con. Res. 404, calling for the immediate release of ministration for fiscal years 2000, 2001, and 2002, Mr. Edmond Pope from prison in the Russian Fed- after agreeing to a committee amendment in the na- eration for Humanitarian reasons. Page S10735 ture of a substitute, and the following amendment Israel’s Magen David Adom Society Recognition: proposed thereto: Pages S10737±40 Senate agreed to S. Res. 343, expressing the sense of Sessions (for Frist) Amendment No. 4323, in the the Senate that the International Red Cross and Red nature of a substitute. Page S10740 Crescent Movement should recognize and admit to Fire Administration Authorization Act: Com- mittee on Commerce, Science, and Transportation D1095

VerDate 11-MAY-2000 07:06 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D18OC0.REC pfrm04 PsN: D18OC0 D1096 CONGRESSIONAL RECORD — DAILY DIGEST October 18, 2000 was discharged from further consideration of H.R. Protocol Amending the 1950 Consular Conven- 1550, to authorize appropriations for the United tion with Ireland (Treaty Doc. 106–43), with the States Fire Administration for fiscal years 2000 and declaration and proviso indicated in Section VI; 2001, and the bill was then passed, after agreeing to Inter-American Convention on Serving Criminal the following amendment proposed thereto: Sentences Abroad (Treaty Doc. 104–35), with condi- Page S10740 tions indicated in Section VI; Sessions (for Frist) Amendment No. 4324, in the Treaty with Belize for the Return of Stolen Vehi- nature of a substitute. Page S10740 cles (Treaty Doc. 105–54), with declarations and Honoring U.S.S. Cole Victims: Senate agreed to provisos indicated in Section VII; S. Res. 378, honoring the members of the crew of Treaty with Costa Rica on Return of Vehicles and the guided missile destroyer U.S.S. Cole (DDG–67) Aircraft (Treaty Doc. 106–40), with declarations and who were killed or wounded in the terrorist bomb- provisos indicated in Section VII; ing attack on that vessel in Aden, Yemen, on Octo- Treaty with Dominican Republic for the Return ber 12, 2000, expressing the sympathies of the Sen- of Stolen or Embezzled Vehicles (Treaty Doc. ate to the families of those crew members, com- 106–7), with declarations and provisos indicated in mending the ship’s crew for the heroic damage con- Section VII; trol efforts, and condemning the bombing of that Treaty with Guatemala for the Return of Stolen, ship. Pages S10740±41 Robbed, Embezzled or Appropriated Vehicles and Memorializing U.S.S. Cole Sailors: Senate agreed Aircraft (Treaty Doc. 105–58), with declarations and to S. Res. 379, memorializing the sailors of the provisos indicated in Section VII; Navy lost in the attack on the U.S.S. Cole Treaty with Panama on Return of Vehicles and (DDG–67) in the port of Aden, Yemen, on October Aircraft (Treaty Doc. 106–44), declarations and pro- 12, 2000; extending condolences to their families visos indicated in Section VII; and other loved ones; extending sympathy to the Investment Treaty with Azerbaijan (Treaty Doc. members of the crew of that vessel who were injured 106–47), with a declaration and proviso; in the attack; and commending the entire crew for Investment Treaty with Bahrain (Treaty Doc. its performance and professionalism in saving the 106–25), with a declaration and proviso; U.S.S. Cole. Pages S10741±42 Investment Treaty with Bolivia (Treaty Doc. 106–26), with a declaration and proviso; Colorado Ute Settlement Act Amendments: A Investment Treaty with Croatia (Treaty Doc. unanimous-consent-time agreement was reached pro- 106–29), with a declaration and proviso; viding for consideration of S. 2508, to amend the Investment Treaty with El Salvador (Treaty Doc. Colorado Ute Indian Water Rights Settlement Act 106–28), with a declaration and proviso; of 1988 to provide for a final settlement of the Investment Treaty with Honduras (Treaty Doc. claims of the Colorado Ute Indian Tribes, with cer- 106–27), with a declaration and proviso; tain amendments to be proposed thereto, at a time Investment Treaty with Jordan (Treaty Doc. to be determined. Page S10737 106–30), with a declaration and proviso; Agriculture Appropriations Conference Report: Investment Treaty with Lithuania (Treaty Doc. By 86 yeas to 8 nays (Vote No. 277), Senate agreed 106–42), with a declaration and proviso; to the conference report on H.R. 4461, making ap- Investment Treaty with Mozambique (Treaty Doc. propriations for Agriculture, Rural Development, 106–31), with a declaration and proviso; Food and Drug Administration and Related Agen- Investment Treaty with Uzbekistan (Treaty Doc. cies programs for the fiscal year ending September 104–25), with a declaration and proviso; 30, 2001, clearing the measure for the President. Protocol Amending Investment Treaty with Pan- Pages S10648±58, S10669±S10701 ama (Treaty Doc. 106–46); Treaties Approved: The following treaties having Treaty with Cyprus on Mutual Legal Assistance in passed through their various parliamentary stages, up Criminal Matters (Treaty Doc. 106–35), with an un- to and including the presentation of the resolution derstanding, a declaration, and two provisos; of ratification, upon division, two-thirds of the Sen- Treaty with Egypt on Mutual Legal Assistance in ators present and having voted in the affirmative, the Criminal Matters (Treaty Doc. 106–19), with an un- resolutions of ratification were agreed to: derstanding, a declaration, and two provisos; Treaty with Mexico on Delimitation of Conti- Treaty with France on Mutual Legal Assistance in nental Shelf (Treaty Doc. 106–39), with the declara- Criminal Matters (Treaty Doc. 106–17), with an un- tion and proviso indicated in Section VII; derstanding, a declaration, and two provisos;

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Treaty with Greece on Mutual Legal Assistance in Extradition Treaty with Sri Lanka (Treaty Doc. Criminal Matters (Treaty Doc. 106–18), with an un- 106–34), with an understanding, a declaration, and derstanding, a declaration, and two provisos; a proviso; and Treaty with Nigeria on Mutual Legal Assistance International Plant Protection Convention (IPPC) in Criminal Matters (Treaty Doc. 102–26), with an (Treaty Doc. 106–23), with three understandings, a understanding, a declaration, and two provisos; declaration, and two provisos. Pages S10658±67 Treaty with Romania on Mutual Legal Assistance Nominations Confirmed: Senate Confirmed the fol- in Criminal Matters (Treaty Doc. 106–20), with an lowing nominations: understanding, a declaration, and two provisos; John E. McLaughlin, of Pennsylvania, to be Dep- Treaty with South Africa on Mutual Legal Assist- uty Director of Central Intelligence. ance in Criminal Matters (Treaty Doc. 106–36), with an understanding, a declaration, and two pro- Pages S10735, S10742 visos; Messages From the House: Pages S10712±13 Treaty with Ukraine on Mutual Legal Assistance Communications: Pages S10713±15 in Criminal Matters (Treaty Doc. 106–16), with an Executive Reports of Committees: Page S10715 understanding, a declaration, and two provisos; Inter-American Convention on Mutual Assistance Statements on Introduced Bills: Pages S10716±22 in Criminal Matters with Related Optional Protocol Additional Cosponsors: Pages S10722±23 (Treaty Doc. 105–25), with an understanding, a dec- laration, and a proviso; Amendments Submitted: Pages S10724±27 United Nations Convention to Combat Additional Statements: Pages S10707±12 Desertification in Those Countries Experiencing Seri- Privileges of the Floor: Page S10727 ous Drought, Particularly in Africa, with Annexes (Treaty Doc. 104–29), with five understandings, Record Votes: One record vote was taken today. three declarations, and two provisos; (Total—277) Page S10701 Extradition Treaty with Belize (Treaty Doc. Recess: Senate convened at 10:01 a.m., and recessed 106–38), with an understanding, a declaration, and at 7:29 p.m., until 10:30 a.m., on Thursday, Octo- a proviso; ber 19, 2000. (For Senate’s program, see the remarks Extradition Treaty with Paraguay (Treaty Doc. of the Acting Majority Leader in today’s Record on 106–4), with an understanding, a declaration, and a page S10742.) proviso; Extradition Treaty with South Africa (Treaty Doc. 106–24), with an understanding, a declaration, and Committee Meetings a proviso; No committee meetings were held. h House of Representatives Conference report on H.R. 4635, making appro- Chamber Action priations for the Departments of Veterans Affairs and Bills Introduced: 17 public bills, H.R. 5482–5498; Housing and Urban Development, and for sundry 3 resolutions, H.J. Res. 114, and H. Res. 641–642 independent agencies, boards, commissions, corpora- were introduced. Pages H10256±57 tions, and offices for the fiscal year ending Sep- Reports Filed: Reports were filed today as follows. tember 30, 2001 (H. Rept. 106–988); H.R. 3250, to amend the Public Health Service H. Res. 637, providing for consideration of H.J. Act to improve the health of minority individuals, Res. 114, making further continuing appropriations amended (H. Rept. 106–986); for the fiscal year 2001 (H. Rept. 106–989); H.R. 1552, to authorize appropriations for fiscal H. Res. 638, waiving points of order against the year 2000 and fiscal year 2001 for the Marine Re- conference report to accompany H.R. 4635, making search and related environmental research and devel- appropriations for the Departments of Veterans Af- opment program activities of the National Oceanic fairs and Housing and Urban Development, and for and Atmospheric Administration and the National sundry independent agencies, boards, commissions, Science Foundation, amended (H. Rept. 106–987, corporations, and offices for the fiscal year ending Pt. 1); September 30, 2001 (H. Rept. 106–990);

VerDate 11-MAY-2000 07:06 Oct 19, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D18OC0.REC pfrm04 PsN: D18OC0 D1098 CONGRESSIONAL RECORD — DAILY DIGEST October 18, 2000 H. Res. 639, providing for consideration of S. Fish and Wildlife Programs Improvement and 2796, to provide for the conservation and develop- National Wildlife Refuge System Centennial: ment of water and related resources, to authorize the Agreed to the Senate amendments to H.R. 3671, to Secretary of the Army to construct various projects amend the Acts popularly known as the Pittman- for improvements to rivers and harbors of the United Robertson Wildlife Restoration Act and the Dingell- States (H. Rept. 106–991); and Johnson Sport Fish Restoration Act to enhance the H. Res. 640, providing for the consideration of funds available for grants to States for fish and wild- motions to suspend the rules (H. Rept. 106–992). life conservation projects and increase opportunities Pages H10083±H10224, H10256 for recreational hunting, bow hunting, trapping, Honoring the Crew of the U.S.S. Cole: The House archery, and fishing, by eliminating opportunities for agreed to H. Res 631, honoring the members of the waste, fraud, abuse, maladministration, and unau- crew of the guided missile destroyer U.S.S. Cole thorized expenditures for administration and execu- (DDG–67) who were killed or wounded in the ter- tion of those Acts—clearing the measure for the rorist bombing attack on that vessel in Aden, President; Page H10082 Yemen, on October 12, 2000, expressing the sym- Indian Self-Determination and Education As- pathies of the House of Representatives to the fami- sistance: H.R. 4148, amended, to make technical lies of those crew members, commending the ship’s amendments to the provisions of the Indian Self-De- crew for their heroic damage control efforts, and con- termination and Education Assistance Act relating to demning the bombing of that ship by a yea and nay contract support costs; and Page H10082 vote of 386 yeas with none voting ‘‘nay’’, Roll No. Compensation to Cheyenne River Sioux Tribe 531. Pages H10070±81 for Takings: S. 964, amended, to provide for equi- Endangered Fish Recovery Programs for Upper table compensation for the Cheyenne River Sioux Colorado and San Juan River Basins: The House Tribe. Earlier, agreed by unanimous consent that the agreed to S. Con. Res. 151, to make a correction in amendment to the bill be deemed to include the the enrollment of the bill H.R. 2348, endangered corrections placed at the desk by Representative fish recovery implementation programs for the Walden of Oregon. Pages H10069±70, H10082±83 Upper Colorado and San Juan River Basins. Advisory Committee on Student Financial As- Page H10069 sistance: The Chair announced the Speaker’s re- Five Nations Oklahoma Citizens Land Reform: appointment of Mr. Henry Givens of St. Louis, Mis- Agreed by unanimous consent that the Clerk be au- souri to the Advisory Committee on Student Finan- thorized in the engrossment of H.R. 5308, to amend cial Assistance for a three-year term. Page H10083 laws relating to the lands of the citizens of the Recess: The House recessed at 4:18 p.m. and recon- Muscogee (Creek), Seminole, Cherokee, Chickasaw vened at 5:00 p.m. Page H10070 and Choctaw Nations, historically referred to as the Senate Messages: Messages received from the Senate Five Civilized Tribes, to make the correction placed appear on pages H10067 and H10224. at the desk by Representative Walden of Oregon. The bill was passed under suspension of the rules on Quorum Calls—Votes: Three yea and nay votes de- Oct. 17, 2000. Page H10069 veloped during the proceedings of the House today and appear on pages H10080–81, H10081–82, and Suspensions: The House agreed to suspend the rules H10082. There were no quorum calls. and pass the following measures that were debated on Tuesday, Oct. 17. Adjournment: The House met at 4 p.m. and ad- journed at 10:38 p.m. National Children’s Memorial Day. H. Con. Res. 415, expressing the sense of the Congress that there should be established a National Children’s Committee Meetings Memorial Day (agreed to by a yea and nay vote of FREEDMEN’S BUREAU RECORDS 376 yeas with none voting ‘‘nay’’, Roll No. 532); PRESERVATION ACT Pages H10081±82 Committee on Government Reform: Subcommittee on Social Security Number Confidentiality: Government Management, Information, and Tech- H.R. nology held a hearing on the ‘‘Freedmen’s Bureau 3218, to amend title 31, United States Code, to pro- Records Preservation Act: Are These Reconstruction hibit the appearance of Social Security account num- Era Records Being Protected?’’ Testimony was heard bers on or through unopened mailings of checks or from Representative Millender-McDonald; the fol- other drafts issued on public money in the Treasury lowing officials of the National Archives and (passed by a yea and nay vote of 385 yeas with none Records Administration: Reginald Washington, Afri- voting ‘‘nay’’, Roll No. 533); Page H10082 can-American Genealogy Subject Area Specialist; and

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Michael J. Kurtz, Assistant Archivist, Record Serv- order at any time on the legislative day of Thursday, ices; and public witnesses. October 19, 2000. The rule lays House Resolutions WESTERN EUROPE DEVELOPMENTS 615 and 633 on the table. Committee on International Relations: Held a hearing on Developments in Western Europe. Testimony was VACATED PROCEEDINGS, WATER heard from Charles Ries, Principal Deputy Assistant RESOURCES DEVELOPMENT ACT OF 1999 Secretary, Bureau for European Affairs, Department CONFERENCE REPORT of State. Committee on Rules: By unanimous consent, vacated CONFERENCE REPORT VA, HUD, the proceedings of the Rules Committee on August APPROPRIATIONS, 2001 5, 1999 on ordering reported a rule providing for considering of the Conference Report to Accompany Committee on Rules: Granted, by voice vote, a rule S. 506, The Water Resources Development Act of waiving all points of order against the conference re- port on H.R. 4635, making appropriations for the 1999. Departments of Veterans Affairs and Housing and f Urban Development, and for sundry independent agencies, boards, commission, corporations, and of- COMMITTEE MEETINGS FOR THURSDAY, fices for the fiscal year ending September 30, 2001, OCTOBER 19, 2000 and against its consideration. The rule provides that (Committee meetings are open unless otherwise indicated) the conference report shall be considered as read. Testimony was heard from Representatives Walsh Senate and Mollohan. Committee on Armed Services: to hold hearings on issues MAKING FURTHER CONTINUING related to the attack on the U.S.S. Cole, 9:30 a.m., APPROPRIATIONS FOR FISCAL YEAR 2001 SR–253. Committee on Energy and Natural Resources: to hold over- Committee on Rules: Granted, by voice vote, a closed sight hearings on the Department of Energy’s decision to rule providing one hour of debate in the House on release 30 million barrels of crude oil from the strategic H.J. Res. 114, Making further Continuing Appro- petroleum reserve and the bid process used to award con- priations for Fiscal Year 2001, equally divided and tracts regarding the same, 9:30 a.m., SH–216. controlled by the chairman and ranking minority Full Committee, to hold oversight hearings on poten- member of the Committee on Appropriations. The tial timber sale contract liability incurred by the govern- rule waives all points of order against consideration ment as a result of timber sale contract cancellations, 3 of the joint resolution. Finally, the rule provides one p.m., SD–366. motion to recommit. Committee on the Judiciary: business meeting to mark up S. 1020, to amend chapter 1 of title 9, United States WATER RESOURCES DEVELOPMENT ACT Code, to provide for greater fairness in the arbitration OF 2000 process relating to motor vehicle franchise contracts; S. Committee on Rules: Granted, by voice vote, a closed Res. 231, referring S. 1456 entitled ‘‘A bill for the relief rule on S. 2796, to provide for the conservation and of Rocco A. Trecosta of Fort Lauterdale, Florida’’ to the development of water and related resources, to au- chief judge of the United States Court of Federal Claims thorize the Secretary of the Army to construct var- for a report thereon; S. Res. 340, designating December ious projects for improvements to rivers and harbors 10, 2000, as ‘‘National Children’s Memorial Day’’; S. of the United States, providing one hour of debate Res. 339, designating November 18, 2000, as ‘‘National in the House equally divided and controlled by the Survivors of Suicide Day’’; the nomination of Gregory A. chairman and ranking minority member of the Com- Vega, of California, to be United States Attorney for the mittee on Transportation and Infrastructure. The Southern District of California; and to consider a com- rule waives all points of order against consideration mittee resolution for personal appearance subpoena pursu- of the bill. The rule provides that the amendment ant to Rule 26 to the Department of Energy regarding in the nature of a substitute printed in the Congres- Secretary Richardson, 9:30 a.m., SD–226. sional Record and numbered 2 shall be considered as House adopted. The rule provides for one motion to recom- Committee on Commerce, Subcommittee on Energy and mit with or without instructions. Finally, the rule Power, hearing on Strategic Petroleum Reserve: A Closer provides that should the Senate bill, as amended, Look at the Drawdown, 9 a.m., 2123 Rayburn. pass the House, it then shall be in order to move Committee on Government Reform, to consider the fol- that the House insist on its amendment to S. 2796 lowing draft reports entitled: ‘‘The Tragedy at Waco: and request a conference with the Senate thereon. New Evidence Examined;’’ ‘‘Janet Reno’s Stewardship of PROVIDING FOR CONSIDERATION OF the Justice Department: A Failure to Serve the Ends of Justice;’’ and ‘‘Management Practices at the Office of MOTIONS TO SUSPEND THE RULES Workers’ Compensation Programs, U.S. Department of Committee on Rules: Granted, by voice vote, a resolu- Labor,’’ 1 p.m., 2154 Rayburn. tion providing that certain suspensions will be in

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Thursday, October 19 10 a.m., Thursday, October 19

Senate Chamber House Chamber Program for Thursday: After the recognition of two Program for Thursday: Consideration of S. 2796, Water Senators for speeches and the transaction of any morning Resources Development Act of 2000 (closed rule, one business (not to extend beyond 12:30 p.m.), Senate will hour of debate); recess from 12:30 p.m. until 2:15 p.m., for their respective Consideration of the conference report on H.R. 4635, party conferences; following which, Senate may begin con- VA, HUD Appropriations, 2001 (Rule waiving points of sideration of the Conference Report on H.R. 4635, order); VA–HUD Appropriations, if available. Consideration of H.J. Res. 114, Continuing Appropria- tions for FY 2001 (closed rule, one hour of debate); Consideration of H. Res. 640, Providing for Consider- ation of Motions to Suspend the Rules; and Consideration of Suspensions (subject to the rule being granted): (1) H.R. 4541, Commodity Futures Modernization; (2) H.R. 2780, Kristen’s Act; (3) H. Res. 605, Urging the Implementation of the Amber Plan to recover Abducted Children; (4) H. Con. Res. 271, Increasing Public Awareness of Multiple Sclerosis; (5) H.R. 2592, Establishing that low-speed electric bi- cycles are consumer products subject to the Consumer Products Safety Act; and Consideration of H. Res. 596, Affirmation of the United States Record on the Armenian Genocide Resolu- tion (closed rule, one hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE

Cramer, Robert E. (Bud), Jr., Ala., E1821 Hyde, Henry J., Ill., E1821 Kucinich, Dennis J., Ohio, E1821

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