Senate (Legislative Day of Friday, September 22, 2000)

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

Vol. 146 WASHINGTON, THURSDAY, SEPTEMBER 28, 2000 No. 118 Senate (Legislative day of Friday, September 22, 2000)

The Senate met at 9:30 a.m. on the RECOGNITION OF THE ACTING everywhere. The church has expanded expiration of the recess, and was called MAJORITY LEADER and grown in so many different ways to to order by the President pro tempore The PRESIDING OFFICER (Mr. bless the community. He served as a (Mr. THURMOND). BROWNBACK). The acting majority lead- leader on the Board of Global Min- er is recognized. istries of the United Methodist Church PRAYER Mr. STEVENS. Mr. President, it is and always fought aggressively to en- The guest Chaplain, Dr. Karl Ken- my privilege to yield to the distin- sure that every dollar contributed, as I neth Stegall, First United Methodist guished Senator from Alabama, so he have heard him say, from the small, in- Church, Montgomery, AL, offered the might introduce for the RECORD, com- dividual church men and women, was following prayer: ments concerning our visiting Chap- spent wisely and effectively. He is loved by all, but he has courage Let us bow in prayer: lain. Almighty God, Judge of all nations, The PRESIDING OFFICER. The Sen- and is willing to speak forcefully. He we offer You today our heartfelt ator from Alabama. recently delivered a sermon when Ala- thanks for the good land which we have bama was considering whether or not f to adopt a lottery. He questioned the inherited. We praise You for all of the wisdom of having the State encourage noble souls who in their own day and THE GUEST CHAPLAIN, DR. KARL people to invest their money in random generation did give themselves to the KENNETH STEGALL chances to be rich. That sermon was call of liberty and freedom, counting Mr. SESSIONS. Mr. President, it has been an honor to be with Dr. Karl received very well, passed all over the their own lives not dear, but giving all State, and the State eventually re- devotion to establish a land in the fear Stegall this morning and to be blessed by his prayer. He is pastor of the First jected that choice. of the Lord. His wife, Brenda, and he have been United Methodist Church of Mont- More especially today, we thank You partners throughout their ministry, gomery, AL. First Methodist is one of for the Members of this United States and they have two daughters. He is a the great Methodist churches in Ala- Senate. Enlarge their vision, increase beloved minister by his congregation, their wisdom, purify their motives. We bama, and, in fact, of all of Methodism. by his fellow ministers, and respected would not ask You to bless what they It has had two of its pastors become by all in the community. do, but we would rather ask that they United Methodist bishops. Indeed, Karl He is a Christian clergyman of the shall do what You can bless. himself was endorsed by the 600 pastors finest kind. While he would have been May they see that in all they do they and 600 laity of the Alabama-West successful in any profession, he chose are acting in Your stead for the well- Florida Conference for the Episcopality to give his life to the greatest profes- being of all of the citizens of this great several years ago. sion. Nation. May they have a lively sense of Karl grew up in rural Alabama, not By his fine prayer today, we are serving under Your divine providence too far from where I did. It is consid- blessed. By his life and ministry, the and a holy remembrance that where ered to be a poor county, and a poor people of his church have been blessed. there is no vision, Your people perish. area, but not poor in things that mat- And by his presence today he serves as Let them always remember that they ter. He even came over to Camden once a recognition of the constant and su- serve a public trust far beyond personal and won the beef competition with the perb service delivered by tens of thou- gain or glory, and may they always ac- FFA. sands of ministers throughout this Na- knowledge their dependence upon You. But he has not forgotten his heritage. tion who daily enrich the lives of their Amen. He has served in his career at First parishioners; who serve them in times United Methodist Andalusia, First f of illness and sickness; who minister to Bonifay, Whitfield Memorial, and was them in times of emotional stress, di- PLEDGE OF ALLEGIANCE district superintendent. For the last 18 vorce, and all kinds of family chal- The Honorable SAM BROWNBACK, a years, he has been pastor of First lenges; who celebrate with them mar- Senator from the State of Kansas, led Methodist. riages and births. Those thousands and the Pledge of Allegiance, as follows: It has been a heavenly match. That thousands of ministers who do that I pledge allegiance to the Flag of the great gothic church, with its soaring daily are not run by the Federal Gov- United States of America, and to the Repub- ceiling and buttresses and superb choir, ernment. They are not paid by this lic for which it stands, one nation under God, has blossomed under his leadership. At- Government, but they are there, serv- indivisible, with liberty and justice for all. tendance has grown. Young people are ing their faith and their Lord.

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

S9405

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9406 CONGRESSIONAL RECORD — SENATE September 28, 2000 So we are, indeed, delighted to have on the fiscal year 2001 bills. The energy There has been no time charged with us today one of our finest Chris- and water bill was filed last night and against the Senator from West Vir- tian ministers in the State of Alabama, should be taken up in the House later ginia. Dr. Karl Stegall. today. Work is nearly completed on the Mr. BYRD. I thank the Chair. I thank the Chair. Interior appropriations bill, and the Mr. President, to begin with, I should say that I intend to support the short- f conference on the Transportation bill will meet later today. I want to assure term continuing resolution. I think it SCHEDULE all of our colleagues of our determina- is very important that we do so. But I have reserved this time for the purpose Mr. STEVENS. Mr. President, I wish tion to complete the work of the Ap- of expressing concerns about what is to make this statement for the leader. propriations Committee within the happening to the Senate and, in par- Today, the Senate will immediately next week, to meet the target adjourn- ticular, what is happening to the ap- begin consideration of H. J. Res 109, ment date of Friday, October 6. propriations process. Several of my the continuing resolution. Under the Hopefully, this will be the only CR colleagues will join me as we move previous agreement, there will be up to needed for the remainder of the consid- through the morning and the after- 7 hours for debate with a vote sched- eration of the appropriations bills for noon. I shall do so without, of course, uled to occur after the use of the time the fiscal year 2001. pointing my finger of criticism at any or after the yielding back of the time. A second continuing resolution may, however, be needed to ensure the Presi- Senator, naming any Senator. I merely After the adoption of the continuing want to talk about what is happening resolution, the Senate will proceed to a dent has the required period that the Constitution gives him to review the to our Senate, its rules, its processes. cloture vote in regard to the H–1B visa And I intend to abide by the rules con- bill. Therefore, Senators can expect at bills that are passed by the House and Senate as conference reports once they cerning debate. I say that at the start. least two votes during this afternoon’s Mr. President, section 7, article I, of are presented to the President. session of the Senate. the U.S. Constitution, states: ‘‘All bills Mr. President, we are in a difficult As a reminder, tomorrow evening is for raising revenue shall originate in situation this year because we are ad- the beginning of Rosh Hashanah. the House of Representatives; but the journing this evening and will not be Therefore, the Senate will complete its Senate may propose or concur with here through the full period of Sep- business today and will not reconvene amendments as on other bills.’’ until Monday, October 2, in observance tember. We will miss 2 days of the time Let me quote again the last portion of this religious holiday. we would otherwise have to complete of section 7, article I: ‘‘but the Senate our work. Therefore, it is necessary f may propose or concur with amend- that the Senate approve this con- ments as on other bills,’’ meaning the RESERVATION OF LEADER TIME tinuing resolution. Senate may propose or concur with The PRESIDING OFFICER. Under I urge the Senate to do so and we will amendments on any bill, whether it is the previous order, the leadership time strive to complete our work within the a revenue bill or otherwise. When I say is reserved. next week. ‘‘bills,’’ I include, of course, resolu- Mr. President, I reserve the remain- f tions. der of my time. Thus, Mr. President, the organic law MAKING CONTINUING APPROPRIA- Mr. President, I suggest the absence of our Republic assures Senators—all TIONS FOR THE FISCAL YEAR of a quorum. Senators; Republicans and Demo- 2001 The PRESIDING OFFICER. The crats—the right to offer amendments, clerk will call the roll. not only to bills for raising revenue, The PRESIDING OFFICER. Under The legislative clerk proceeded to the previous order the Senate now pro- but also ‘‘other bills.’’ call the roll. The requirement that revenue bills ceed to the consideration of H.J. Res. Mr. STEVENS. Mr. President, I ask shall originate in the House of Rep- 109, which the clerk will report. unanimous consent that the order for resentatives grew out of the Great The legislative clerk read as follows: the quorum call be rescinded. Compromise, which was entered into A joint resolution (H.J. Res. 109) making The PRESIDING OFFICER. Without on July 16, 1787. It was this Great Com- continuing appropriations for the fiscal year objection, it is so ordered. 2001, and for other purposes. promise that provided for equality of Mr. STEVENS. Mr. President, in the States in the Upper House, with The PRESIDING OFFICER. Under order that I do not lose the time allot- each State, large or small, having two the previous order, the joint resolution ted to me, 1 hour, I ask unanimous con- votes. And, but for which, the Constitu- is advanced to third reading. sent that the time of the quorum call tional Convention would have ended in The joint resolution (H. J. Res. 109) not be charged against either side. failure, and instead of a United States was ordered to a third reading and was The PRESIDING OFFICER. Without of America, which we have today, we read the third time. objection, it is so ordered. would have had, in all likelihood, a The PRESIDING OFFICER. There Mr. STEVENS. I suggest the absence ‘‘Balkanized States of America’’ from will now be up to 7 hours for final de- of a quorum. sea to shining sea—from the Atlantic bate, with 6 hours under the control of The PRESIDING OFFICER. The to the Pacific—from the Canadian bor- the Senator from West Virginia, Mr. clerk will call the roll. der to the Gulf of Mexico. The small BYRD, and 1 hour under the control of The legislative clerk proceeded to States at the Constitutional Conven- the Senator from Alaska, Mr. STEVENS. call the roll. tion were adamant in their demands The Senator from Alaska. Mr. BYRD. Mr. President, I ask unan- for equal status with the large States Mr. STEVENS. As an opening state- imous consent that the order for the in the Upper House, regardless of size ment on this continuing resolution quorum call be rescinded. or population, so that the small State that is now before the Senate, I want The PRESIDING OFFICER (Mr. BUN- of Rhode Island, for example, had an to state that this is a simple 6-day con- NING). Without objection, it is so or- equal vote in the Senate with the large tinuing resolution. This bill will fund dered. State of New York which was larger ongoing Federal programs at the same Mr. BYRD. Mr. President, what is the and with a greater population. All rate and under the same conditions as item before the Senate, the question? States are equal in this body. currently applied to each agency of our The PRESIDING OFFICER. H.J. Res. When the large States yielded to the Federal Government. 109. The Senator from West Virginia small States in this regard, the way The continuing resolution now pend- controls 6 hours and the Senator from was open and paved for eventual suc- ing before the Senate is in the same Alaska 1 hour. cess in the attainment of the Constitu- form as those passed in previous years Mr. BYRD. I thank the Chair. tion which was then sent to the States to bridge Federal spending until the Has any time been charged for ratification. As a part of that com- full year’s appropriations acts are com- against—— promise, the large States demanded pleted. This committee has made good The PRESIDING OFFICER. The Sen- that revenue bills originate in the progress this week in advancing work ator from Alaska has used 3 minutes. House of Representatives.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9407 Thus, the freedom to offer amend- the Lower House. Senators should un- Meaning the minority— ments in the Senate is assured by the derstand what a privilege it is to serve can only be protected from those irregular- Constitution of the United States. And in the U.S. Senate. The U.S. Senate is ities and abuses which these forms were in- what about the freedom to speak? the premiere Upper Chamber in the tended to check, and which the wantonness What about the freedom to debate? Is world, two of the main reasons being of power is but too often apt to suggest to that assured in the Senate? Yes. Sec- that in the U.S. Senate there exists the large and successful majorities. tion 6 of article I of the United States right of unlimited debate and the right Now there you have it from the Constitution states: to offer amendments. mother country, from the House of And for any speech or debate in either Another singular feature of the U.S. Commons. So when we speak of rules, House, they shall not be questioned in any Senate is in the fact that it is the Mr. Onslow laid it out very clearly as other place. forum of the States. It is not just a to the supreme importance of the rules So I cannot be questioned in any forum; it is the forum of the States. as protectors of a minority. other place. James Madison, who was a The Senate, therefore, represents the Jefferson went on to say: Member of the other body could not be ‘‘Federal’’ concept, while the House of And whether these forms be in all cases the questioned in any other place. No Sen- Representatives, being based on popu- most rational or not is really not of so great ator could be questioned in any other lation, represents the ‘‘national’’ con- importance. It is much more material that cept in our constitutional system. In there should be a rule to go by than what place. But what about the freedom to that rule is; that there may be a uniformity debate at length; in other words, what the very beginning, the Senate was of proceeding in business not subject to the about a filibuster? Is there any limita- seen as the bulwark of the State gov- caprice of the Speaker— tion on debate in the Senate today? No, ernments against despotic presidential Jefferson is talking about the Speak- except when cloture is invoked, or power; it was the special defender of er of the House of Commons, and he is when there are time limitations set by State sovereignty. It was meant to be also referring to the Speaker in the unanimous consent of all Senators. and exists today as the special defender House of Representatives. of State sovereignty. The Senate was Debate could be limited under rule 10 —or capriciousness of the members. of the 1778 rules of the Continental also seen as a check against the ‘‘rad- Once more, this is Jefferson talking: Congress, by the adoption of the pre- ical’’ tendencies which the House of vious question. Likewise, when the Representatives might display. It is much more material that there should I have been a Member of this body be a rule to go by than what that rule is; Senate adopted its 1789 rules under the that there may be a uniformity of proceeding new Constitution, debate could be lim- now for 42 years, and the longer I serve, in business not subject to the caprice of the ited by invoking the previous question. the more convinced I am of the efficacy Speaker or capriciousness of the members. It However, in its first revision of the of the Senate rules as protectors of the is very material that order, decency, and Senate rules in 1806, the Senate Senate’s right to unlimited debate and regularity be preserved in a dignified public dropped the motion for the previous the Senate’s right to amend. The Sen- body. question. As a matter of fact, Aaron ate is not a second House of Represent- Nothing could be more true than Jef- Burr, when he left the Vice Presidency atives, nor is it an adjunct to the ferson’s observations which I have read in 1805, recommended that the previous House of Representatives. It is a far in part. question be dropped. Until 1917, when different body from the House of Rep- Now, Mr. President, my own experi- the first cloture rule was adopted, resentatives. And it is a far different ence with the Senate rules compels me there was no limitation on debate in body by virtue of the Constitution and to appreciate the wisdom that Vice the Senate, unlike the House of Rep- by virtue of Senate rules and prece- President Adlai Stevenson expressed in resentatives, where the previous ques- dents. The Constitution and the Senate his farewell address to the Senate on tion can still be moved even today. rules have made the Senate a far dif- March 3, 1897. I believe his observation As we all know, of course, 60 votes ferent body from the House of Rep- is as fitting today as it was at the end are required in the Senate to invoke resentatives. of the 19th century. Let me say that cloture and thus limit debate. The pre- Thomas Jefferson, in his Manual of again. I believe his observation is as vious question not being included in Parliamentary Practice, emphasized fitting today, as we close the 20th cen- the Senate rules, just what is the ‘‘pre- the importance of adhering to the tury, as it was at the end of the 19th vious question’’? Thomas Jefferson in rules: century. Here is what he said: his ‘‘Manual’’ explains it as follows: Mr. Onslow, the ablest among the Speakers It must not be forgotten that the rules ‘‘When any question is before the of the House of Commons, used to say, ‘‘It governing this body— House, any member may move a pre- was a maxim he had often heard when he was The Senate— vious question, ‘Whether that question a young man, from old and experienced are founded deep in human experience; that Members, that nothing tended more to throw (called the main question) shall now be they are the result of centuries of tireless ef- power into the hands of the Administration, fort in legislative halls, to conserve, to put?’ If it pass in the affirmative, then and those who acted with a majority of the the main question is to be put imme- render stable and secure, the rights and lib- House of Commons, than a neglect of, or de- erties which have been achieved by conflict. diately, and no man may speak any- parture from, the rules of proceedings; that By its rules, the Senate wisely fixes the lim- thing further to it, either to add or these forms, as instituted by our ancestors, its to its own power. Of those who clamor alter . . . if the nays prevail, the main operated as a check and control on the ac- against the Senate, and its methods of proce- question shall not then be put.’’ tions of the majority, and that they were, in dure, it may be truly said: ‘‘They know not Hence, the use of the motion to put many instances, a shelter and protection to what they do.’’ In this Chamber alone are the minority, against the attempts of preserved without restraint— the previous question is an effective power.’’ So far, the maxim is certainly true— way to end debate and vote imme- This is Adlai Stevenson talking Continued Mr. Onslow, speaking of diately on the main question. here— the British House of Commons— As the distinguished Presiding Offi- two essentials of wise legislation and of good cer knows—the Chair being occupied at and is founded in good sense, as it is always government: the right of amendment and of in the power of the majority, by their num- debate. Great evils often result from hasty the moment by the distinguished Sen- ber, to stop any improper measure proposed ator from Kentucky, Mr. BUNNING—in legislation; rarely from the delay which fol- on the part of their opponents— lows full discussion and deliberation. In my the other body, the previous question The minority— can be used to end debate, if a majority humble judgment, the historic Senate—pre- the only weapons by which the minority can serving the unrestricted right of amendment of the Members there so desire. But defend themselves against similar attempts and of debate, maintaining intact the time- that is not so in the Senate. It was so from those in power are the forms and rules honored parliamentary methods and amen- until 1806, but no more in the Senate. of proceeding which have been adopted as ities which unfailingly secure action after Of the various legislative branches they were found necessary, from time to deliberation—possesses in our scheme of gov- throughout the world today, only 60 time, and become the law of the House— ernment a value which cannot be measured are bicameral in nature, and of these 60 He was talking about the law of the by words. bicameral legislatures around the House of Commons— How true. I hope that Senators will world, only the Upper Houses of the by a strict adherence to which the weaker read again these words that were spo- U.S. and Italy are not subordinated to party— ken by our ancestors concerning the

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9408 CONGRESSIONAL RECORD — SENATE September 28, 2000 importance of the rules and precedents, dom, we shall be cutting off the most and even the right to filibuster, is the the importance of amendments, the vital safeguard which minorities pos- system of checks and balances. The right to amend, and the importance of sess against the tyranny of momentary Senate operates as the balance wheel the freedom to debate at length. I hope majorities.’’ in that system, because it provides the Senators will read this. I served with Lyndon Johnson in this greatest check of all against an all- We all know that the Senate is Senate when he was the majority lead- powerful executive through the privi- unique in its sharing of power with the er. We had some real filibusters in lege that Senators have to discuss President in the making of treaties, those days. I sat in that chair up there without hindrance what they please for and in its confirmation powers with re- 22 hours on one occasion—22 hours in as long as they please. Senators ought spect to nominations, as well as in its one sitting—almost a day and a night. to reflect on these things. There is judicial function as the sole trier of So Lyndon Johnson was one who could nothing like history and the experience impeachments brought by the House of speak with authority based on experi- of history that can teach the lessons Representatives. The Senate is also ence in that regard. that we can learn from the past. A mi- unique in the quality that exists be- Arguments against filibusters have nority can often use publicity to focus tween and among states of unequal ter- largely centered around the principle popular opinion upon matters that can ritorial size and population. But we that the majority should rule in a embarrass the majority and the execu- must not forget that the right of ex- democratic society. The very existence tive. tended, and even unlimited debate, to- of the Senate, however, embodies an Mr. President, we have reviewed gether with the unfettered right to equally valid tenet in American democ- briefly these facts about the U.S. Sen- offer amendments, are the main cor- racy: the principle that minorities ate: (1) That it is a legislative body in nerstones of the Senate’s uniqueness. have rights. which the smaller states, like the The right of extended debate is also a I am not here today to advocate fili- State of West Virginia, like the State primary reason that the United States busters. I am talking about the free- of Kentucky, like the State of Rhode Senate is the most powerful Upper dom of debate—unlimited debate, if Island, the State of Wyoming, the Chamber in the world today. necessary. State of Montana, regardless of terri- The occasional abuse of this right Furthermore, a majority of Senators, tory or the size of population, are equal at a given time and on a particular has a painful side effect, but it never to the larger states in the union, with issue, may not truly represent major- has been—I am talking about the right each state having two votes; (2) that it ity sentiment in the country. Senators to debate at length; I am talking about is a forum of the states and, from the from a few of the more populous states filibusters, if you please —never will be beginning, was representative of the may, in fact, represent a majority in fatal to the overall public good in the sovereignty of the individual states the nation while numbering a minority long run. within the federal system; (3) that The word ‘‘filibuster’’ has an unfortu- of votes in the Senate, where all the aside from its uniqueness with respect states are equal. Additionally, a minor- nate connotation. But there have been to treaties, nominations, and impeach- ity opinion in the country may become many useful filibusters during the ex- ment trials, the Senate is unique the majority view, once the people are istence of this Republic. I have engaged among the Upper Chambers of the more fully informed about an issue in some of them. There has not been a world in that it is a forum in which through lengthy debate and scrutiny. A real, honest to goodness old-type fili- amendments can be offered to bills and minority today may become the major- buster in this Senate in years and resolutions passed by the Lower House, ity tomorrow. and in which its members have a right years. Take the Civil Rights Act of 1964, for Without the right of unlimited de- to unlimited debate. The Senate has, example. From the day that Senator bate, of course, there would be no fili- therefore, been referred to as the great- Mike Mansfield, then the majority est deliberative body in the world. Be- busters, but there would also be no leader, submitted the motion to pro- cause of its members’ rights to amend Senate, as we know it. The good out- ceed to the civil rights bill to the day and to debate without limitation as to weighs the bad. Filibusters have proved that the final vote was cast on that time, Woodrow Wilson referred to the to be a necessary evil, which must be bill, 103 calendar days had passed—103 tolerated lest the Senate lose its spe- days on one bill, the Civil Rights Act of Senate as the greatest Upper Chamber cial strength and become a mere ap- 1964. That is almost as many days on that exists. Because of its unique pow- pendage of the House of Representa- one bill in 1964 as the Senate has been ers, the record is replete throughout tives. If this should happen, which God in session this whole year to date. the history of this republic with in- avert, the American Senate would Mr. President, the Framers of the stances in which the Senate has dem- cease to be ‘‘that remarkable body’’ Constitution thought of the Senate as onstrated the wisdom of the Framers about which William Ewart Gladstone the safeguard against hasty and unwise in making it the main balance wheel in spoke—‘‘the most remarkable of all the action by the House of Representatives our Constitutional system of separa- inventions of modern politics.’’ in response to temporary whims and tion of powers and checks and bal- Without the potential for filibusters, storms of passion that may sweep over ances. It is a chamber in which bad leg- that power to check a Senate majority the land. Delay, deliberation, and de- islation has been relegated to the dust or an imperial presidency would be debate—though time consuming—may bin, good legislation has originated, stroyed. avoid mistakes that would be regretted and the people of the country have The right of unlimited debate is a in the long run. been informed of the facts concerning power too sacred to be trifled with. Our The Senate is the only forum in the the great issues of the day. Woodrow English forebears knew it. They had government where the perfection of Wilson, himself, stated that the in- been taught by sad experience the need laws may be unhurried and where conforming function of the legislative for freedom of debate in their House of troversial decisions may be hammered branch was as important if not more so Commons. So they provided for free- out on the anvil of lengthy debate. The than its legislative function. dom of debate in the English Bill of liberties of a free people will always be It has checked the impulsiveness, at Rights in 1689. And our Bill of Rights, safe where a forum exists in which times, of the other body, and it has in many ways, has its roots deep in open and unlimited debate is allowed. also been a check against an English parliamentary history. As It is not just for the convenience of overweening executive. In the course of Lyndon Baines Johnson said on March Senators that there be a forum in the 212 years since its beginning in 9, 1949: ‘‘. . . If I should have the oppor- which free and unlimited debate can be March 1789, the Senate has, by and tunity to send into the countries be- had. More importantly, the liberties of large, fulfilled the expectations of its hind the iron curtain one freedom and a free people will always be safe where Framers and proved itself to be the only one, I know what my choice would a forum exists in which open and un- brightest spark of genius that ema- be. . . . I would send to those nations limited debate is allowed. That forum nated from the anvil of debate and con- the right of unlimited debate in their is here in this Chamber. troversy at the Constitutional Conven- legislative chambers. . . . If we now, in The most important argument sup- tion in Philadelphia during that hot haste and irritation, shut off this free- porting extended debate in the Senate, summer of 1787. However, over the last

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9409 few years, however, I have viewed with hurry? What is the hurry? There is days, on Tuesdays, on Wednesdays, on increasing concern that the Senate is ample time for the offering of amend- Thursdays, on Fridays, on Saturdays, no longer fulfilling, as it once did, its ments and for debating them at length, and, I am sorry to say, on Sundays. I raison d’etre, or purpose for being. if the Senate will only put its shoulder say to my friend from West Virginia, More and more, the offering of to the wheel and work. don’t you think that is the biggest amendments in the Senate is being dis- We still have 7 days, just as there problem around here, the tremendous, couraged and debate is being stifled. I were in the beginning of creation. The overpowering demand for money be- can say that because I’ve been here. calendar doesn’t go that far back, but cause of television? Quite often, when bills or resolutions we still have 7 days a week. And we In the form of a dual question: Don’t are called up for debate, the cloture still have 24 hours a day, as was the you think, if we did nothing else but motion is immediately laid down in an case in Caesar’s time. And the edict of eliminate corporate money, which the effort to speed the action on the meas- God, as he drove Adam and Eve from Congress in the early part of last cen- ure and preclude non germane amend- the garden and laid down the law that tury, or by the Senator’s reasoning this ments. Mike Mansfield, when he was by the sweat of his brow man would eat century, early 19—— leader, seldom did that. During the bread—that edict is still the case. We Mr. BYRD. Not by the Senator’s rea- years that I was leader, I very seldom still have to eat bread and we still are soning, but because it is the 20th cen- did that. The Republican leaders Baker supposed to earn our living through the tury still, until midnight December 31 and Dole seldom did that. sweat of our brow. Nothing has this year. Regardless of what the media Following my tenure as majority changed. says, regardless of what the politicians leader, that has been done increas- We have plenty of time. And we get say, this year is still in the 20th cen- ingly. I am not attempting to say that paid. I am one who gets paid for my tury. Mike Mansfield or I were great leaders work in the Senate. I don’t like Sunday Mr. REID. I say to my friend in the at all; I am not attempting to do that. sessions, but we have had a few over form of a question: In the early part of But I am saying that through John- the years. I am against Sunday ses- this century, Congress had the good son’s tenure, for the most part, sions. But I am not against working on sense to outlaw, in Federal elections, through Mansfield’s tenure, through Saturdays. During that civil rights de- corporate money. Of course, the Su- my tenure as majority leader and bate, which I was talking about a while preme Court changed that a few years through the tenures of Howard Baker ago, there were six Saturdays in which ago. I ask the Senator, wouldn’t we be and Bob Dole, the Senate adhered to its the Senate was in session. It is not an well served if we eliminated, among rules and precedents; seldom did it do unheard of thing. other things, corporate money in cam- otherwise. It is far more important for the Sen- paigns on the Federal level in any form Moreover, the parliamentary amend- ate to engage in thorough debate and or fashion? ment tree is frequently filled as a way for Senators to have the opportunity to Mr. BYRD. There is no question of precluding the minority from calling call up amendments than it is for the about that, if one looks at the facts up amendments. I filled the parliamen- Senate to have many of the Mondays carefully. Having been majority leader tary tree on a very few occasions. I, and Fridays left unused insofar as real and having been minority leader, I can again, have to call attention to my floor action is concerned. testify as to the pressures that are own tenure as majority leader because Mr. REID. Will the Senator yield for brought on the majority and minority through the tenures of Johnson and a question? leaders by Senators who have to get leaders before Johnson on both sides of Mr. BYRD. Yes, I will very shortly. out and run across this country, hold- the aisle, the rules of the Senate were It is far more important for the Sen- ing out a tin cup as it were, saying: virtually considered sacred. ate to engage in thorough debate, and Give me, give me, give me money. The minority is also frequently pres- for Senators to have the opportunity to I have had to do that. In 1982, I had sured to keep the number of amend- call up amendments, than it is for the an incumbent in the other body from ments to a minimum or else the par- Senate to be out of session on Mondays West Virginia who ran against me. I ticular bill will not even be called up— and Fridays. It seems to me that we had to go all over this country. I had to or, if it is pending, the bill will be should be more busily engaged in doing go to California. I had to go to New taken down unless amendments are the people’s business. York. I had to go to Alabama. I had to kept to a minimum. That is happening Instead, it seems to me—and, of go to Texas. I was all over the country. in this Senate. course, I am not infallible in my judg- But I didn’t go during the Senate work- Unlike the House of Representatives, ments—it seems to me that the Senate days, and in those days, the Senate there is no Rules Committee in the is more concerned about relieving Sen- worked. I had to go on Sundays, for the Senate that serves as a traffic cop over ators who are up for reelection—and I most part. the legislation and that determines am one of them this year—relieving (Mr. ALLARD assumed the Chair.) whether or not there will be any Senators who are up for reelection Mr. REID. One last question? amendments and, if so, how many from the inconvenience of staying on Mr. BYRD. Yes. amendments will be allowed and who the job and working early and late, Mr. REID. Wouldn’t the Senator ac- will call up such amendments. On occa- than in fulfilling our responsibilities to knowledge things are much worse sion, the House Rules Committee will our constituents. Some might conclude today than they were in 1982? determine perhaps that one amend- that it is more important for Senators Mr. BYRD. They are much worse, and ment will be called up by Mr. So-and- to have Mondays and Fridays in which they are growing worse and worse and So. But not so with the Senate. We to raise money for a reelection cam- worse every day and every election. It don’t have a Rules Committee that paign than it is for us to give to our is a disgrace and it is demeaning. The serves as a traffic cop. constituents a full day’s work for a full most demeaning thing that I have had Could there be a desire on the part of day’s pay. to do in my political career is to ask the Senate majority leadership to Now I am glad to yield to my friend. people for money. make the Senate operate as a second Mr. REID. I say to my friend from When I was majority leader in the House of Representatives? Of the 100 West Virginia in the form of a ques- 100th Congress, former Senator David Senators who constitute this body tion—the segue is better now than Boren of Oklahoma and I introduced today, 45, at my last count, came from when I asked the first question because legislation to reform the campaign fi- the House of Representatives—45 out of what I want to say to the Senator from nancing system. 100. At no time in my almost 42 years West Virginia is, I haven’t been here I am not one of the ‘‘come lately in the Senate have I ever entertained nearly as long as you have been here, boys’’ in this regard. I, as majority the notion that the Senate ought to be but I have seen, in the 18 years I have leader then, and former Senator David run like the House of Representatives, been here, how things have changed. Boren introduced that legislation. The where amendments and unlimited de- Why have they changed? Because of the other side of the aisle—I do not like to bate are often looked upon as alien to unbelievable drive to raise money. Ev- point to the other side of the aisle as so the legislative process. What is the erybody has to raise money. On Mon- many Senators today, unfortunately,

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9410 CONGRESSIONAL RECORD — SENATE September 28, 2000 like to do—but the other side of the fully debate the issues that confront late to enactment of massive, mon- aisle—namely, the Republicans in the the Nation? Is it the individual Sen- strous, omnibus appropriations bills Senate in that instance—voted consist- ators themselves? Is it I? Do I suffer? are not reversed, Senators will be re- ently eight times against cloture mo- No. It is their constituents, it is my duced to nothing more than legislative tions that I offered to bring the debate constituents who are being denied automatons. Senators will have given to a close. There were four or five Re- these opportunities and these rights. It away their sole authority to debate publicans who did break from the oth- is not Senator so-and-so who, in the and amend spending bills and other leg- erwise solid bloc and voted with the final analysis, is being denied the full islation. Much of that authority will Democrats on that occasion to break freedom of speech on this Senate floor have been handed over, by invitation of the filibuster against the campaign fi- or who is being shut out from offering Congress itself, to the Chief Executive. nancing bill. an amendment—it is Senator so-and- The distinguished chairman of the Go back to the RECORD. Read it. Sen- so’s constituents, the people who sent Appropriations Committee, and I, and ators might do well to go back to the him or her to the Senate. other chairmen of appropriations sub- RECORD and see who those Senators If the Senate is intended to be a committees in this Senate are experi- were who broke from the Republican check against the impulsiveness and encing this right now. bloc. A handful broke from the Repub- passions of the other body, is not the Only yesterday, in a conference on lican bloc and voted to end the fili- ability of the Senate to be such a check the Interior Appropriation bill, I called buster against that campaign financing reduced in direct proportion to the de- attention to the fact that when I came bill. Eight times I offered cloture mo- nial to its Members of the opportunity to Congress 48 years ago, the Members tions. No other majority leader has to amend House measures? of the House and Senate in that day ever offered eight cloture motions on In accordance with the Constitution, would have stood in utter astonish- the same legislation in one Congress. revenue bills must originate in the ment, to see in that conference, on an And eight times I was defeated in my House of Representatives and, by cus- appropriations bill, the agents of the efforts to invoke cloture. tom, most appropriations bills likewise President of the United States sitting Chapter 22, Verse 28 of the Book of originate in the House, but under the there arguing with Senators and House Proverbs—we are talking about Solo- guarantees of the Constitution, as Members and advancing the wishes of a mon’s sayings now for the most part— those guarantees flowed from the Great President. admonishes us: ‘‘Remove not the an- Compromise of July 16, 1787, the Senate There they sat in the House-Senate cient landmark, which thy fathers have has the right to amend those revenue conference. And they tell the conferees set.’’ We seem to be doing just the op- and appropriations bills. what the President will or will not ac- posite. The Founding Fathers’ grant to But if the opportunity for Senators cept in the bill. If this is in the bill, he us of the right to amend and the right to amend is reduced, or even denied, as will veto it. If this is not in the bill, he to unlimited debate has been, I believe, is sometimes being done, the Senate as will veto it, they say. shifted off course, to the point that an equal body to that of the House of So, appropriators of the House and these two well-advised attributes of Representatives is being put to a dis- the Senate, get ready. You have com- power are being voided, and for what advantage. The House can open the pany. There are other appropriators in reason? Could it be that the Senate Re- door to legislation on an appropria- this Government other than the elect- publican leadership fails to appreciate tions bill, but if the Senate, if the 100 ed Members of the House and Senate. and fully understand the Senate, fails Senators are denied the opportunity to There are administration ex officio to understand American Constitu- offer amendments, or are limited in the members of the Appropriations con- tionalism, and fails to understand the number of amendments which Senators ference—believe it or not—who sit like purposes which the constitutional may offer, the Senate is thereby denied Banquo’s ghost at the table when the framers had in mind when they created the opportunity to go through that appropriations are being administered the Senate. Or might we suppose that door with amendments of its own, out. What a sad—what a sad—thing to the senatorial powers that be are sim- through the door that the other body behold. ply determined to be a Committee of has opened, and is denied the potential I said that in the meeting yesterday, Rules unto themselves and are deter- for the achievement of truly good leg- as I have said it before in meetings. mined to try to remold the Senate into islation in the final result, and that op- And I don’t mean it to insult or to der- a second House of Representatives? The portunity is accordingly lessened and ogate the agents of the President. They fact cannot be ignored that 45 of the the likelihood of legislative errors in are doing their job, and they are very 100 Members of today’s Senate came the final product is increased. capable people. I have to apologize to here from the House of Representa- If the Senate is a forum of the them when I say that. They are there tives. A political observer might also States, in which the small States are through no fault of their own. be surprised to find that 59 of today’s equal to the large States, and if this And why are they there? The fault 100 Senators came to the Senate subse- ability of the small States to acquire lies here. Because we dither and dither quent to my final stint as majority equilibrium with the large States almost a full year through. We put off leader. serves as an offset to the House of Rep- action on appropriations bills until the Noble are the words of Cicero when resentatives where the votes of the very last, when we are up against the he tells us that ‘‘It is the first and fun- States are in proportion to population prospect of adjournment sine die, when damental law of history that it neither sizes, then when the Senate is denied our backs are to the wall, and then the dare to say anything that is false or the opportunity to work its will by the President of the United States has the fear to say anything that is true, nor avoidance of votes on amendments, are upper hand. His threats of veto make give any just suspicion of favor or dis- the small States not the greater losers? us scatter and run. The result is that affection.’’ My State, for one. The Senator from all of these bills—or many of them—are I believe that no less a high standard Alaska’s State is one. crammed into one giant monstrous must be invoked when considering the If the framers saw the Senate as a measure, and that measure comes back Senate of today and comparing it with powerful check against an over- to this House without Senators having the Senate of the past. Having spent reaching executive at the other end of an opportunity to amend it because it more than half of my life in the Sen- Pennsylvania Avenue, when free and is a conference report. It is not amend- ate, I would consider myself derelict in unlimited debate is bridled and the able —not amendable. So it is our my duty toward the Senate if I did not right of Senators to offer amendments fault. It really is. And it has been hap- express my concerns over what I see is hindered or denied, is not the Sen- pening in these recent years. So much happening to the Senate. ate’s power to check an overreaching of that authority will have been hand- Who suffers, whose rights are denied, President accordingly whittled down, ed over, by invitation of Congress whose interests are untended when a especially in instances where such a itself, in essence, to the Executive. Senate minority is denied the right to check is most needed? For fiscal year 1999 an omnibus pack- amend and when a Senate minority is I am gravely concerned that, if the age was all wrapped together—Sen- denied the right and opportunity to practices of the recent past as they re- ators will remember this—an omnibus

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9411 package was all wrapped together and Senators had in mind when they ran procedure that has resulted in these run off on copy machines—it totaled for the United States Senate? If we omnibus packages in 3 of the last 4 some 3,980 pages—and was presented to continue this process, Senators will years, and which, I fear, is about to be the House and Senate in the form of an not be needed here at all. Oh, you can resorted to again this year. unamendable conference report. Mem- come to the Senate floor once in a I do see some rays of hope because we bers were told to take it or leave it. If while to make a speech or to introduce have awakened the leadership. I must you do not take this agreement, we a bill or to vote on some matter, but at say, after our squawking and scream- will have to stay here and start this the end of the session, when the rubber ing and kicking, the administration process over. We will have to call Mem- hits the road and we get down to what this year is insisting that Democrats bers back to Washington from the cam- is and what is not going to be enacted sit at the table when the crumbs are paign trail, back to Washington from in all areas—appropriations, legisla- being parceled out. They insisted be- town meetings, and back to Wash- tion, and tax measures—most Senators cause the minority leader has insisted ington from fundraisers. Senator, the won’t be needed. Most of us will not be on it and because other voices in the gun is at your head, and it is loaded. in the room with the President’s men. Senate have been complaining. You do not know what is in this pack- We won’t be in the room. Cicero said: ‘‘There is no fortress so age, Senator 3,980 pages put together I have seen times when the minority, strong that money cannot take it.’’ by running the pages—3,980 pages— Democrats in the House and Senate, The power of the purse is the most pre- through copy machines. were not in the room. Who was in the cious power that we have. It was given Not a single Senator, not one knew room? The Republican majority, the to the two Houses by the Constitution, what was in that conference report, the Speaker of the House and the majority the bedrock of our Government. It was details of it. No one Senator under leader of the Senate. They were in the put here—not down at the other end of God’s heaven knew, really, everything room. Who else? Who was there to rep- Pennsylvania Avenue. that he was voting on. You do not resent us Democrats? Who was there? I have tried to do my part to help know what is in this package, we are The executive branch was there, its Senators understand our constitutional essentially told, but you either vote for agents. We were left out. The Demo- role. We are the people’s elected rep- it or we will stay here and start all cratic Members of the House and Sen- over again. And in the final analysis, resentatives and they have entrusted ate, not one, not one sat in that con- us with their vote; those people out we will come up with about the same ference. I wasn’t in it. I was the rank- package. there who are watching through the ing member of the Senate Appropria- cameras have entrusted us with their We know that these legislative provi- tions Committee. sions made up more than half of the vote. That trust must not be treated So most of us will not be in the room lightly. This is especially true when it total 3,980 pages. So what we did there, when the decisions are made. The as we did in fiscal year 1997 and as we comes to matters that involve appro- President’s agents will be there. They priations. We are spending their did again in fiscal year 2000 was put to- will carry great weight on all matters gether several appropriations bills into money. because we have to get the President’s Each of you who is watching through an unamendable conference report, and signature. Having squandered the Members were forced to vote on what that electronic medium, we are spend- whole year in meaningless posturing ing your money. was essentially a pig in a poke without and bickering back and forth, we will We are stewards of the people’s hard- knowing the details. have no alternative, none, but to buck- Do the people of this country know earned tax dollars. They expect, and le under to a President’s every demand. that? Do they know this? Do they they ought to demand, that we spend And when that hideous process is mer- know what is happening? those dollars wisely, and that we scru- cifully finished, we will then call you, In 1932, in the midst of the Great De- tinize what we fund and why we fund Senator, and let you know that we are pression, a reporter from the Saturday it. Evening Post asked John Maynard now ready to vote on a massive conference report, up or down, without The Senate is the upper House of a Keynes, the great British economist, if separate branch of Government, with he knew of anything that had ever oc- any amendments in order. Take it or leave it, Senator. Take it or leave it, institutional safeguards that protect curred like that depression. Keynes an- the people’s liberties. Senator DASCHLE. You are the minor- swered: Yes, and it was called the Dark Which party commands the White Ages, and it lasted 400 years. ity leader. You will be left out. Take it or leave it; here is the conference re- House at a given time should make no Well, I can say, as one who lived difference as to how we conduct our du- through that depression in a coal min- port. We are in danger of becoming an oli- ties. We are here to work with, but also ing town in southern West Virginia and to act as a check on the occupant of was brought up in the home of a coal garchy disguised as a Republic. You may well spend all of your time cam- the White House, regardless of who miner, I can say that we are now enter- that occupant is. And we are here to ing the ‘‘Dark Ages’’ of the United paigning or speechmaking or doing constituent services back home, you reflect the people’s will. We are not States Senate. performing the watchdog function Now, when Keynes referred to the will have very little to say on legisla- when we invite the White House—lit- Dark Ages being equal to the depres- tion or appropriations or tax matters. erally invite the White House—behind sion or vice versa and I refer to the There is sufficient blame to go Dark Ages of the Senate, this is calam- around for this total collapse of the ap- closed doors and play five-card draw ity howling on a cosmic scale perhaps, propriations process. Our side feels with the people’s tax dollars. but on one point, the resemblence muzzled. The majority leader has a Mr. President, I fear for the future of seems valid, that being, the people very difficult job. I know. I have been this Senate. I think the people are very never fully understood and don’t fully in his shoes. He has to do the best he disenchanted with Congress and with understand today the forces that can to meet the demands of all Sen- politics in general. They are catching brought these things into being. ators. on to our partisan bickering and they If the people knew that we had a Part of the solution has to be a don’t like what they hear and see. 3,980-page conference report in which greater willingness to work together The people are hungry for leadership. we, their elected representatives, on both sides of the aisle to ensure that They ask us for solutions to their prob- didn’t know what was in it, they would ample opportunities are provided, early lems. They expect us to protect their rise up and say: What in the world is in the session, outside of the appropria- interests and to watch over their hard- going on here? It is our money that tions process to debate policy dif- earned tax dollars. They entrust us Senators are spending. You are blind- ferences. We simply must force our- with their franchise and they ask that folded and you have wax in your ears. selves to work harder, beginning ear- we ponder issues and debate issues and You don’t even know what is in that lier in the session, to ensure that we do use their proxy wisely. They ask that bill. not continue to abuse the Constitution, we protect their freedoms by holding Is this the way we want the House abuse the Senate, and ultimately abuse fast to our institutional and constitu- and the Senate to operate? Is this what the American people by following the tional responsibilities.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9412 CONGRESSIONAL RECORD — SENATE September 28, 2000 Too often, we lose sight of the fact rible fall and a terrible injury to her my friend that some of these issues are that partisan politics is not the pur- leg. I want to say to Senator FEIN- so important. Now that we are in the pose for which the people send us here. STEIN—if you are watching, because I middle of a Presidential election, they We square off like punch-drunk glad- know you are in the hospital—we are are being raised by both Governor Bush iators and preen and polish our media- thinking of you and we wish you well. and Vice President GORE, and we ought slick messages in search of the holy I will do everything I can to speak for to have another chance to vote on grail of power or a headline. I am a pol- both of us when it comes to the issues them. itician; I can say that. We fail to edu- that face our State. Mr. HARKIN. Mr. President, if I cate the people and ourselves on issues But, in particular because of her in- might ask the Senator to yield on that of paramount and far-reaching impor- jury, I think at the moment I am on point. tance for this generation and for the that list. The Senator could add us on Mrs. BOXER. I would be happy to next generation. It is a shame and it is that list of the 23 ‘‘have nots,’’ al- yield. a waste because there is much talent in though we are praying that Senator Mr. HARKIN. I agree with the Sen- this Chamber, and there is much FEINSTEIN will be back next week in ator. I want to say a few more things mischanneled energy. This Senate time to be there. But even if she is on my own time about Senator BYRD’s could be what the framers intended, back, the fact is, when that private ses- presentation this morning, but I also but it would take a new commitment sion is called to look at this big omni- want to respond to the point that my by each of us to our duties and to our bus bill—the Senator from West Vir- friend from California is making about oaths of office. And it would take a ginia has described it—very few will be being able to offer amendments to the massive turning away from the petty in that room. I compliment the admin- appropriations bills that come up. little power wars so diligently waged istration for insisting that the Demo- I ask the Senator from California: I each week and each month in these cratic leadership be in that room. do not know if we agree on this, but I Halls. I had the honor to serve in the House think if we had more of an opportunity Our extreme tunnel vision has been for 10 years of my life. It was a great to act as a Senate, to bring legislation duly noted by the American people, I experience for me. I know many others, out and to be able to consider bills that assure Senators. The American people including the Senator from West Vir- we might be interested in, that we are a tolerant lot, but their patience is ginia, had that privilege. But I ran for wouldn’t have to do them on appropria- beginning to fray. the Senate in a very risky political tions bills. But because we are pre- And when their disappointment turns move—no one thought I would ever vented from doing so, many times it is to dismay, and finally to disgust, we make it here—because I wanted the only the appropriations bills where we will have no one to blame but our- chance to do more. I wanted the chance can offer them. selves. to operate under the Senate rules and I ask the Senator from California if Mr. President, I have more to say, to offer any amendments that I wanted she would maybe—I see her nodding but I see other Senators. If they wish to at any time. her head—agree with that decision; if to speak on this subject, I will be glad Now I find with this particular lead- we had that opportunity to act as a to yield them time. Does the distin- ership that I am precluded from doing Senate and to bring authorizing bills guished Senator from California wish that. I am precluded from fighting for out here to be able to offer those to speak? my State. When I hear that bills were amendments, then we wouldn’t have to Mrs. BOXER. Mr. President, I would going straight to the conference and do that on appropriations bills. really appreciate the opportunity to bypassing the Senate and the ability of Mrs. BOXER. I agree with my friend. comment on some of the Senator’s the Senator from Iowa to offer an I sit on some authorizing committees, points and then make a couple other amendment—even though he serves on such as the Environment and Public points. As I understand it, the Senator that committee, there is still time Works Committee. There are so many controls the time; is that correct? even when you are on the committee. good bills that we could bring forward, Mr. BYRD. I control the time from You wait until you get to the floor to but the leadership does not want to do the beginning, 6 hours. offer the amendment. We all know that that. Frankly, I think it is because Mrs. BOXER. May I respectfully re- is the way it goes because sometimes they would rather not run this place quest about 20 minutes of that time? you can’t win in the committee but like the Senate. They want to run it Mr. BYRD. Mr. President, I gladly you have a chance to make your case like the House with strict controls yield 20 minutes to the very distin- on the floor with unlimited debate and where the Rules Committee decides guished Senator from California, Mrs. an opportunity to show your charts what can happen. BOXER. and make your point. Frankly, I have to think that there Mrs. BOXER. I thank the Senator I find myself here in a circumstance are some amendments on which they from West Virginia, who is, I have to where I, in behalf of the people of Cali- don’t want to vote. I think we are then say, the most respected Senator in this fornia, basically have no say on these forced in the circumstance that my Chamber. When he speaks, I do think bills. friend from West Virginia—my hero, if that both sides listen. I believe that his As Senator BYRD rightly points out, I I might say, in this Senate—believes is remarks today are not partisan at all. think anyone in this Senate Chamber inappropriate. But we are in a cir- I think that he has been critical of who says they know what is in a huge cumstance where we are committed, both sides and he has been critical of omnibus package with 3,000 pages, not for example, to vote on a prescription the administration. to mention report language and col- drug benefit for Medicare. We are so I want to pick up on some of Senator loquy, is simply dreaming because we committed to making sure that class BYRD’s remarks. I had the honor of know there is just so much we are ca- sizes could be reduced by putting serving on the Appropriations Com- pable of. When you do one appropria- 100,000 new teachers in, and we don’t mittee for a period of time. Senator tions bill at a time, you can con- get the education authorizing bill. We FEINSTEIN now holds that seat, and who centrate on that and read that bill. only get the appropriations bill. knows, maybe some day I will be able You can be briefed on that bill. If you It forces us—I agree with my friend— to reclaim it. California is such a large want to offer an amendment, you can to be in the situation that is not good State that I think there is a real undo so. You can make your case for your for the Senate. As my friend said, it is derstanding on my side of the aisle State. the ‘‘Dark Ages of the Senate.’’ Those that one of us should be sitting on that There is one issue on which the Sen- are powerful words. This is a man who committee. ator from West Virginia and I do not thinks about that. When he says we are In that situation you have a much agree. I respect his view so much. But in the ‘‘Dark Ages,’’ I think we have to greater chance to speak for your State, I come on a different side. I think it is listen. We are in the Dark Ages because and to talk about the priorities of your so important that we should be allowed we don’t want to debate authorizing State. to raise other important issues that we bills. We are forced to try to offer Right now my dear friend, Senator believe this Senate ought to vote on, amendments on appropriations bills, FEINSTEIN, is recuperating from a ter- even if it voted on it before. I say to which delays the situation, which

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9413 makes leadership say they are not tion but to turn to these priorities that Mrs. BOXER. I am happy to yield to going to bring the bill forward, and our people are asking Members to take the Senator. which makes them send them straight care of, and try to offer these amend- Mr. BYRD. I yield an additional 15 to conference to avoid the chance for ments. Then we have a majority that minutes overall to the Senator from amendments. The vicious circle con- doesn’t want them. California. tinues. I yield to my friend. Mr. President, the Senator from Iowa I think I am not being a Senator. We Mr. HARKIN. I thank the Senator for said something here which is a tru- never know how long we are going to yielding. ism—among other things—that there be in this Chamber. In many ways, it is I want to point out to the Senator are many who look upon the rules and up to our electorate. In many ways, it from West Virginia, regarding the Ele- the precedence of the Senate as gobble- is up to God to give us good health to mentary and Secondary Education Act dygook, as inside baseball. be here and do this. It is up to our fam- reauthorization, this is the first time Now I daresay those same narrow- ilies to see how long they can take it. since it was enacted in 1965 we have not minded, uninformed people, whoever So we want to have a chance to legis- reauthorized it. Why? There is no rea- they are, would say the very same late. son we cannot debate the Elementary about this Constitution of the United Mr. BYRD. Mr. President, if the dis- and Secondary Education Act before States or this Declaration of Independ- tinguished Senator from California will we adjourn. ence, both of which are in this little yield. I am certain reasonable minds on book which I hold in my hand. They Mrs. BOXER. I yield to my friend. both sides would agree to time limits. would say the same thing about the Mr. BYRD. I want to clarify one No one wants to filibuster the bill. Constitution of the United States, and thing. Offer the amendments. But the way those rules of the Senate are there by The distinguished Senator from Cali- things are today, if someone has ideas virtue of this Constitution. I urge them fornia earlier, I think, indicated that on what we want to do on education in to read the Constitution again. she and I were in disagreement on this. this country, they are precluded from I also urge them to read what Thom- We are not. In the Senate, there is no doing so. It is still stuck on the cal- as Jefferson said, what Vice President rule of germaneness except when clo- endar, for the first time since 1965. S. 2, Adlai Stevenson said, what Lyndon ture is invoked and except when rule the No. 2 bill of this Congress, and it is Johnson said, and what other great XVI is invoked. But a rule XVI invoca- still on the calendar. We haven’t had a leaders who are now in the past said tion can be waived only by a majority chance to act. about the right to amend and the right vote—not a two-thirds vote but by a I say to my friend from California, to debate. majority. We have done that many the Senator from West Virginia re- I will say what Adlai Stevenson said: times. ferred to returning back to the Dark They know not what they do. When a Senator has raised the ques- Ages. I was thinking about that when I thank the Senator. tion of germaneness, I have from time the Senator was speaking. Someone re- Mr. HARKIN. I thank the Senator to time voted with that question to marked to me that: All this talk about from West Virginia. make that germane. She and I really rules and procedure is gobbledygook. Sometimes—I am not mentioning are not in disagreement. She has well Who cares? That is inside ball game any names—sometimes we talk with stated, and so has the distinguished stuff around here, and it doesn’t really colleagues about the rules. There is Senator from Iowa, the reasons why so matter on the outside. kind of a smirk: Oh, yes, we have busi- many Senators are forced to offer leg- I know it sounds like inside ball ness to do around here. And there is islative amendments on appropriations game stuff when we talk about rules sort of—I detected it lately—there is bills. It is because the legislative meas- and procedures, rule XVI and things sort of: ‘‘Well, the rules are the rules, ures are not brought up in the Senate. such as this. The Senator mentioned but if we have the votes, we don’t So they have to resort to the only vehi- the Dark Ages; I got to thinking about care.’’ cle that is in front of them, that being the Dark Ages. That is an appropriate That is a terrible attitude. As the an appropriations bill. allegory because the reason they were Senator from West Virginia said, it Look at this calendar. This calendar the Dark Ages is that we didn’t have really returns us to the Dark Ages is filled with bills, many of them which rules, we didn’t have laws, it was un- when we were a lawless, ruleless soci- have never gone to the committee. civilized. In order for us to be civilized, ety. Many of them have been put directly we said there are certain rules by Mrs. BOXER. I ask my friend to stay on the calendar through rule XIV, and which we should live. on his feet because I want to continue they have never been before a com- We have these rules in the Senate so this discussion. mittee. They went before a committee that we don’t live in the Dark Ages. When I was a child, I learned how a in the House, come from the House, They have a lot to do with people’s bill becomes a law. We always had that and are put directly on the Senate cal- lives outside of the beltway of this book in school, how a bill becomes a endar, or bills are offered by Senators, city. I think the Senator’s mentioning law. A bill starts out; someone authors brought up, and through rule XIV are of the Dark Ages is very appropriate. it on one side, the Senate; someone au- placed on the calendar. That is what we are returning to. We thors it in the House. If it is a money I counted the number of items on are returning to a rule-less kind of bill, it has to go through the House this calendar the other day that have Senate where whoever is in charge first. And then each House, the House been placed directly on the calendar calls the shots. That is what the Dark and the Senate, will act on the bill. If for one reason or the other, one being Ages was about: Whoever had the there are differences, it will go to con- rule XIV. I counted the number. I don’t power ran everything. It was a lawless ference. Those differences are worked remember what it was. There are quite society. Through the years we devel- out. If they are worked out—either a wide number of amendments that are oped our rules. body will vote on them—it goes to the on the calendar that have never seen or There is a reason the Senate is the President; he says yea or nay. If he experienced any debate in a Senate way it is. Read the Senator’s ‘‘History issues a veto, two-thirds to override; if committee. We have 71 pages making of the Senate.’’ There is a reason the he signs it, it is a law. We learned this. up this calendar. Senators who want to Founding Fathers set up the Senate I say to my friend, it almost seems to offer amendments have to understand, the way it is. It is to allow some of the me that what is happening is unconsti- there is nothing but appropriations smaller States and others to have their tutional. I do not have a law degree. bills to which to offer amendments. say and to have their equal representa- But we don’t see these bills coming Mrs. BOXER. I am absolutely de- tion so they aren’t bound up by the through the Senate for Senators to lighted we are on the same side on this rules of the House of Representatives. comment on. Sometimes we get a bill point. The frustration level of Sen- Mr. BYRD. Would the distinguished through here and it is not controver- ators, as my friend Senator HARKIN Senator from California yield me time sial. We will agree to a 2-, 3-, 5-minute pointed out in his very to-the-point- to respond to the distinguished Senator time agreement. But at least we have a question, is that we have no other op- from Iowa? chance to look at it. That is our job. If

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9414 CONGRESSIONAL RECORD — SENATE September 28, 2000 we don’t look at it and it does some side, for the last several years, has a half. I have to meet with my wife of harm to our people, that is our fault. been pulling some bricks out of the 63 years, so I must leave the floor. But if bills never come here and if foundation. They pulled one out and no I ask unanimous consent that no they are sent directly into a conference one complained. They pulled another time be charged against my time, time committee and bypass the Senate, this one out and nothing happened. What that is under my control, unless that says something is very wrong, that we concerns me is that one feeds on an- time is being used on the subject that are not doing what we are supposed to other. So if we take back the majority, is before the Senate. In other words, if do according to the Constitution. I do we then say we will take out an- no Senator is on the floor to speak on honestly wonder whether there other brick? And then another brick? this subject, and he or she wishes to couldn’t be some kind of lawsuit by And then it bounces to the other side? speak on some other subject, that he some citizen out there who looks at Pretty soon the foundation crumbles can get time but that it not be charged this and says: The way the Senate is and nobody can point to that first against the time on this matter. operating, I have no voice in this be- brick and when it was pulled out. There are several Senators who wish cause my Senator is bypassed. As Sen- That is what I see, a kind of insidious to speak on this. But for the moment, ator BYRD shows in his chart, 23 States pulling out of the bricks of the founda- I am going to take the liberty of yield- are not on appropriations. They don’t tion of the Senate. Yet since things do ing control of time—oh, the minority even have a chance to utter a word in happen, at the end of the year there is whip is here; he will take care of that the committee. this big omnibus that is put together matter. He will be in control of time. I I was wondering, not being a lawyer, and people say: There you go, no big make that request. as the Senator is a lawyer, whether deal. But I predict pretty soon the The PRESIDING OFFICER. As a there isn’t some kind of lawsuit wait- foundation is going to start crumbling Member of the Senate from the State ing to happen. This isn’t the way a bill if we don’t stop pulling out the bricks. of Colorado, I must object until I fully is to become a law. Mrs. BOXER. I agree with my friend. understand the implications of that re- I think this could be considered tax- It is pretty distressing to see this hap- quest and have had a chance to check ation without representation. For some pen to the Senate. with leadership. of these cases, some colleagues could Senator BYRD said the other day that Objection is heard. say to their people: I didn’t know; I many of us in this Chamber don’t know Mr. BYRD. OK. That is a reasonable didn’t have a chance; I could only vote how the Senate is supposed to work be- request. no or aye at the end; I voted aye because when we got here, those bricks I hope in the meantime, the distin- cause there were so many good things had started to be pulled out of that guished Senator from Nevada, who is in the omnibus bill; but there were 23 foundation. I long for the days when I the distinguished minority whip, will bad things, but I had to keep the Gov- can tell my grandchildren or great be on the floor. I hope he will, and he ernment going. grandchildren that I had a chance to will see to it that Senators will be rec- I think we are treading on some dan- serve in the greatest deliberative body ognized on time that was in the order gerous ground. of the land, and that even on a matter for my control, if they are going to be I am happy to yield if my friend has that perhaps only one or two Senators recognized, and they not be recognized a comment. cared about, we had the unfettered on that time unless they are speaking Mr. BYRD. Is the Senator asking a right to express ourselves on behalf of on this subject. question? the people we represent. Mr. REID. If the Senator will yield? Mrs. BOXER. I would love to have As I stand here, I represent, with Mr. BYRD. Yes. my friend comment on this. Senator FEINSTEIN, almost 34 million The PRESIDING OFFICER. The Sen- Mr. BYRD. I agree, in large measure, people. Imagine that, 34 million people. ator from Nevada. with everything the distinguished Sen- They have so many concerns, whether Mr. REID. I spoke to the Senator ator is saying. I seriously doubt that a it is the cost of prescription drugs, that from West Virginia yesterday. We have lawsuit—I seriously doubt if that I know my friend from Iowa just made worked today to fill the time, talking would hold up. But anyhow, it is a good a brilliant speech on yesterday—and I about some of the things that would thought. hope he will continue that today— work better in this body about which Mrs. BOXER. Yes. When I go home to whether it is just the normal appro- the Senator has spoken already. Sen- meet my constituency, they, as tax- priations process under which they are ator HARKIN is going to speak, and Sen- payers, will say to me: Senator, what able to meet their needs, the highways, ator BOXER. We have Senator KENNEDY did you think about page 1030 in that the public buildings, all the things coming here at noon. We have Senator omnibus bill? Did you actually get a they need to keep going; making sure MOYNIHAN coming at 12:30. Senator chance to vote on it? I will say: In the we have the water and the power to CONRAD is coming. We have a list of big sense, I guess you could say I had keep this incredible State going. We speakers and we will work very hard to to vote. It was all in one package. But would be the eighth largest nation in fulfill the promise to the Senator from I had no choice. I wanted to keep the the world. We count on the Senate to West Virginia. Government going. be able to address our needs. The last thing I say to the Senator When I raised that issue, it was not I am so grateful to the Senator from from West Virginia, we were here ex- for the technical response, but I am West Virginia for making this point be- cept we were working on the Interior just suggesting to my friend that it is cause I think the people need to pay at- conference. in many ways taxation without rep- tention. As my friend from Iowa has Mrs. BOXER. Mr. President, do I resentation. In any event, if it does not said, it may sound as if it is about have some time remaining on my time? rise to that level, it is close to that rules and things that do not impact The PRESIDING OFFICER. The Sen- level. them. But it impacts them mightily ator has 5 minutes remaining. I wonder if my friend from Iowa has because when I am muzzled by virtue of Mrs. BOXER. What I would like to a comment, or my friend from West the fact we don’t get a chance to offer suggest to my assistant leader is, after Virginia. amendments—not that my voice is I finish my 5 minutes, during which I Mr. HARKIN. I was trying to say—I going to always carry the day, but at would like to continue engaging in a will yield in just a second more—I least their voice will be heard. little colloquy with my friend from think what is happening is that the Mr. BYRD. Mr. President, will the Iowa, that he be recognized for 30 min- foundation on which this Senate has distinguished Senator from California utes. Is that acceptable to my friend? been based is beginning to crumble. It yield briefly? Mr. REID. The problem is we have is not all gone yet. But I was thinking, Mrs. BOXER. I am happy to yield. gotten a little out of whack here this the Senate is like a foundation. If you Mr. BYRD. On what the distinguished morning. I appreciate the patience of pull one brick out, OK; it still holds. Senator is saying, the difference be- my friend from Iowa. You pull another brick out—the foun- tween a lynching and a fair trial is The PRESIDING OFFICER. Without dation is still strong. process. objection, it is so ordered. What is happening, I believe, and I Mr. President, I have to be away Mrs. BOXER. Could I have 5 minutes say this in all candor, the majority from the Senate for about an hour and then?

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9415 Mr. REID. What we will try to do is this Senate to work its will on the workers in here when we still have a 4- have Senator KENNEDY start a little issues that all of America cares about, percent unemployment rate—by the later. He may be a little late anyway. whatever side one is on. Does he not way, the best in generations, but we do Maybe you will not get your full half agree this is a stunning departure from have people who need jobs—we do not hour, but that will be known when the tradition and history since 1965? We sit have a shortage of workers, as Senator Senator from California gets finished. here and there is nobody on the other MIKULSKI says, we have a shortage of Then we go to Senator HARKIN, Senator side. We have the time to talk when we skills. KENNEDY, and Senator MOYNIHAN. could be acting on the ESEA. My friend is so right to point out Mrs. BOXER. I ask unanimous con- Mr. HARKIN. I thank the Senator for that when we do not authorize bills and sent, when I complete, Senator HARKIN pointing this out. It is true, it is the we cannot look at the new solutions have the floor up to 30 minutes, and if first time since 1965 we have not reau- and the new challenges, we might as he has to be interrupted by Senator thorized the Elementary and Sec- well be living in the last century. KENNEDY, he will end his remarks. ondary Education Act. What the Fed- I thank my friend for yielding me ad- Mr. REID. I think what we will do is eral Government has done since the ditional time. I look forward to his have the Senator recognized for 10 min- adoption of that bill, since 1965, as the presentation on Medicare. I will sit utes and if he needs more time he can Senator knows, is we have filled in the here and listen to his wisdom on that ask for it. gaps. and maybe he can answer a question or Mrs. BOXER. That will be my unani- Obviously, education still remains a two as he goes about his presentation. mous consent request. local and State obligation, as we want I thank my friend. The PRESIDING OFFICER. Without it to be, but we recognized there were Mr. HARKIN. Mr. President, I re- objection, it is so ordered. certain gaps. For example, disadvan- spond in kind by thanking the Senator Mrs. BOXER. In this remaining 5 taged students: We came up with the from California for pointing out again minutes, I wanted to ask my friend title I program to provide needed funds what is at stake because we are not al- from Iowa if he will stay on the floor to States to help educate disadvan- lowed to offer our amendments. The because Senator KENNEDY, who is our taged children in disadvantaged areas. Senator from California has done a leader on education issues, as we know, I do not think there is a Governor any- great service not only to the Senate, in terms of his position on ESEA, said where in this country who does not but to the country, in pointing out why it looks as though if we don’t reauthor- like title I, or educators. Since we set so many people are disenfranchised in ize the Elementary and Secondary Edu- up title I, it has done great things for this country because they do not have cation Act when the funding expires, our kids. That is at stake here. With- a voice with which to speak here if we which is this year—which is this year— out reauthorization, we cannot give are blocked from offering our amend- it will be the first time since the 1960s, guidance and funds to title I. ments. I thank the Senator from Cali- since 1965, that this bill will not have The Individuals with Disabilities fornia for pointing that out. been reauthorized. Education Act: for kids with disabil- I want to talk about another issue we What I want to ask my friend—I ities, is another example of what will are, again, blocked from addressing in know he is going to take his time to slip through the cracks in terms of the Senate, and that is the issue of pre- talk about prescription drugs, and I am bringing us into the new century and scription drugs for the elderly. Of all going to stay here for that. It seems to addressing the new problems in edu- the issues out there that cry out for some, with both Presidential candidates cation. lutions and intervention, this has to be out there talking about education, and Teacher training is a very vital com- No. 1 on our plate. Anyone who has with huge differences in the two posi- ponent of the Elementary and Sec- gone to their State and talked with the tions; where you have George Bush ondary Education Act to provide guid- elderly who are on Social Security, supporting a voucher system to pull ance and, yes, support for teacher who are on Medicare, has heard heart- money out of the public schools into training, for example, in new tech- rending story after heartrending story the private schools, and you have AL nologies, such as closing the digital di- about how much our seniors are paying GORE saying he wants to do twice as vide. This is all part of that. This will out of pocket for prescription drugs. much for education; in terms of budget all fall through the cracks. Vice President GORE was in my home authority, where you have Vice Presi- Because of the intransigence of the State of Iowa yesterday. There is a dent GORE supporting putting 100,000 Republican majority in the Senate—we story that was running on the news new teachers in the classroom and will fund it; I am sure we will get the programs and in the newspapers this George Bush opposing it; where you appropriations bill through; we will morning about a 79-year-old woman. I have our Vice President supporting fund it—we will not address the new do not know her. I have never met her, school construction, and these are all problems in education which we need to the best of my knowledge. Winifred initiatives that emanated from this to address. We will still be answering Skinner, 79 years old, from, I believe, side of the aisle with opposition on the the problems of 8 years ago and 10 the small town of Altoona—but I can- other side. A fair debate. Whether or years ago rather than addressing new not be certain about that—who showed not we want to continue in the tradi- problems. up at a meeting with Vice President tion of President Eisenhower, a Repub- The PRESIDING OFFICER. The time GORE and talked about how she goes lican President who said, yes, the Fed- of the Senator from California has ex- along the streets and the roadways eral Government should step in when pired. The Senator from Iowa now con- picking up aluminum cans because she there is a void, and that is why he trols the time. can get payment for them. I think it is signed the National Defense Education Mr. HARKIN. Mr. President, I will be a nickel a can, if I am not mistaken. Act saying way back in the fifties—the glad to continue the colloquy with the She collects these to make some happy days when I was growing up— Senator. I yield to the Senator from money to help pay for her prescription that if you do not have an educated California. drugs. workforce, you can have the most pow- Mrs. BOXER. I will be brief. My This is a real person. It is not a erful military in the world and it will friend makes such an important point. phony person. This is a real person not matter. AL GORE wants to follow in In this fast moving, global economy we with real problems, and she needs some that tradition, but we have the opposi- are in, everyone admits education is help. We have tried time and again to tion saying the Federal Government the key. If all we can do is fund old bring this legislation to the Senate should not have anything to do with it, programs—by the way, they are good; floor to openly debate it. If other peo- block grant it, and who knows what we are not going to walk away from ple have other ideas, let’s debate them, will happen. them—but if we cannot address the have the votes, and let’s see what the Does my friend agree with me—I new challenges—and my friend men- Senate’s position will be, but we are know he agrees with me; I would like tions specifically the digital divide. precluded from doing so. him to talk about this—why is it so Senator MIKULSKI and I have been Now we have an ad campaign put on crucial we bring this education bill to working on a very good bill. We let by the Republican candidate for Presi- the floor—and do it soon—and we allow thousands and thousands of foreign dent, Gov. George Bush. This TV ad

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9416 CONGRESSIONAL RECORD — SENATE September 28, 2000 campaign is being waged across the and are amplifying on today. Out of the shifts to universal coverage, but turns country to deceive and frighten seniors 34 million senior citizens in this coun- it over to the insurance companies. about the Medicare prescription drug try who are covered under Medicare— Obviously, the insurance companies benefit proposed by Senate Democrats not to mention the 5 million disabled; are going to do what we call cherry and Vice President AL GORE. I thought let’s throw that out for a moment be- pick. They are going to pick the I would take a few minutes today, as I cause they would qualify for the Gore healthiest seniors and give them a real- will do every day we are in session, to plan; let’s just focus on the 34 million— ly good deal to join their insurance set the record straight. how many seniors are you saying, if ev- program. Who does that leave in Medi- First, we have to examine Bush’s erything went right in their States and care? The oldest and the sickest. And ‘‘Immediate Helping Hand.’’ That is they were able to get the enabling leg- to cover the Medicare costs, under leg- what he calls it, ‘‘Immediate Helping islation—they went to the welfare of- islation we have that exists, their pre- Hand.’’ Quite simply, it is not imme- fice, they got the stamp of approval—if miums will go up 25 to 47 percent in the diate and, secondly, it does not help. it all went right, how many seniors are first year alone. That is shocking. Is it immediate? No. The Bush pro- you estimating would be covered under But we have to understand that what posal for prescription drugs for the el- the Bush plan? the Bush proposal is for Medicare is the derly requires all 50 States to pass Mr. HARKIN. According to a recent fulfillment of Newt Gingrich’s dream some enabling or modifying legisla- study, if the experience of state phar- to let Medicare ‘‘wither on the vine.’’ tion. Only 16 States right now have any macy assistance programs is any guide, Governor Bush supported that concept drug benefit for seniors. Many State of the 34 million, about 625,000—less when Mr. Gingrich was Speaker of the legislatures do not meet but every 2 than 5 percent of those eligible—would House. Governor Bush’s proposal ful- years, so we might have a 2-year lapse sign up for a low-income drug plan. fills Newt Gingrich’s dream because by or 3-year or 4-year lapse in the Bush Mrs. BOXER. Less than 700,000 peo- turning it over to the insurance compa- proposal. ple. nies, by privatizing Medicare, it would How do we know this? Our most re- Mr. HARKIN. That is right. ‘‘wither on the vine.’’ cent experience is with the CHIP pro- Mrs. BOXER. Under the first 4 years Governor Bush would leave seniors who need drug coverage at the mercy gram, the State Children’s Health In- of the Bush plan, out of the 34 million of HMOs. Listen. Under the Bush pro- surance Program. We passed it in 1997. seniors, this new benefit would go to posal, who would decide what the pre- It took Governor Bush’s home state of less than 700,000 people. And those peo- miums are going to be? HMOs. Who Texas over 2 years to implement the ple have to go through the welfare of- would decide copayments? HMOs. Who CHIP program. fices. If there is no other reason to op- would decide any deductibles? HMOs. In addition, the States have said they pose it, there it is. It is a sham. It does Who would even decide the drugs that do not want this block grant program. not do much for hardly anybody. you can get? It would be the HMOs— This is what the National Governors’ Mr. HARKIN. That is true. not your doctor, not your pharmacist. Association said, Republicans and I thank the Senator from California for amplifying on that. Because Gov- Lastly, as someone who represents a Democrats, by the way: rural State and who still lives in a If Congress decides to expand prescription ernor Bush’s program is not Medicare; town of 150 people, the Bush plan would drug coverage to seniors, it should not shift it is welfare. What seniors want is they leave rural Americans out in the cold. that responsibility or its costs to the states. want Medicare, they do not want wel- Thirty percent of our seniors live in . . .’’ fare. But that is exactly what the Bush 4- Look at the States. To sign up for areas with no HMOs. In Iowa, we have no Medicare HMOs. year program does. Medicare, seniors fill out long, complex Listen to this. Only eight Iowa seniors, Again, keep in mind, the Bush pro- applications in 26 States. They must who happen to live near Sioux Falls, posal on prescription drugs is a two- meet an extensive asset and income SD, belong to a Medicare HMO with a phased program. In the first 4 years, he test in 41 States. And they have to sign prescription drug benefit. Yet in Iowa, delegates it to the States. As I pointed up in the welfare office in 34 States. we have the highest proportion of the out, States do not even want to do it. Maybe that is why only 55 percent of elderly over the age of 80 anywhere in Secondly, many legislatures do not eligible seniors sign up for Medicaid the Nation. And only eight—count meet for 2 years. compared to 98 percent who sign up for them—elderly, who happen to live near Thirdly, talk about a ‘‘helping Medicare. Sioux Falls, SD, belong to a Medicare hand,’’ who gets helped under the Bush That is what the Bush proposal would HMO that has a prescription drug ben- program? If your income is more than do: Send seniors to the local welfare of- efit. $14,600 a year, you are out—$14,600 a fice. Take your income tax returns Also, HMOs are dropping like flies year, and you are out. down, take down other paperwork, fill out of rural areas. Almost a million What does that mean? It means many it out, show them what your income Medicare beneficiaries lost their HMO of the seniors will not qualify. The and assets are, and then maybe— coverage this year alone, mostly in Bush plan will only cover 625,000 sen- maybe—you will qualify. rural areas. iors, less than 5 percent of those who As I have said repeatedly, the seniors So, again, our seniors want Medicare. need help. of this country want Medicare, they do They do not want welfare. The Bush Again, under the Vice President’s not want welfare. The Bush plan would plan turns it over to the States for the proposal—and what we are sup- put them on welfare. Then, after the 4 first 4 years. Take your income tax reporting—all you need is a Medicare years—the first 4 years of the Bush turns down, show how poor you are, card. If you have a Medicare card, you block grant—then what does his pro- maybe you will get help. can voluntarily sign up for a drug ben- posal do? His proposal turns it over to The Bush plan for prescription drugs efit, your doctor prescribes the drugs. the HMOs. So it gets even worse. says, if you are rich, you are fine. If You go to the pharmacy and you get The long-term plan under Governor you are real poor, you are OK. But if your drugs. That is the end of it. That Bush is tied to privatizing Medicare, a you are in the middle class, you are is all you have to show. move that would raise premiums and going to pay for it both ways. If you are under the Bush program, force seniors to join HMOs. Under the Lastly, we have to talk about prior- you are going to have to take your in- Bush drug plan, there would be radical ities. The Bush priority is $1.6 trillion come tax return down, plus probably changes in Medicare—radical changes. in tax breaks, almost 50 percent of other paperwork to show your assets, You would not recognize it today. which goes to the top 1 percent of the to show that you have income of less Premiums for regular Medicare wealthiest people in this country. For than $14,600. would increase 25 to 47 percent in the prescription drugs for the elderly, he is Mrs. BOXER. Would my friend yield first year alone. Why is that? Why do proposing $158 billion over the next 10 on this point for a question? we say that? Because once you turn it years. There you go. Those are the pri- Mr. HARKIN. Yes. over to the HMOs and the insurance orities right there. Mrs. BOXER. Because I think this is companies—which is what the Bush So every day we are in session, I will a stunning point that you have made plan does—after the first 4 years, it take the floor to point out the fallacies

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9417 in Governor Bush’s proposal for pre- to the middle class. We will do it for Mr. President, our senior Senator scription drugs for the elderly, how it people who need to send their kids to from West Virginia has made a very will put elderly first on the welfare college by helping them with their tui- important point. He has urged all of us rolls—they will have to be eligible for tion. We will do it for people who need in this Chamber to pay attention to a welfare—and then take their income health care by making that deductible. very important concept in our Con- tax returns down; and how, secondly, it We will do it for the people who are stitution that is in the process of being will turn it over to the private insur- working hard every day, struggling and violated. This affects Louisiana and ance companies, and it will destroy fighting to make ends meet. States such as ours. Twenty-three are Medicare as we know it. The last point I will make to my listed on this chart, as the Senator Mrs. BOXER. Will my friend yield? friend is a comment by the president of pointed out. Mr. HARKIN. I will say one more the Health Insurance Association of No one brings a deeper understanding time, what the seniors of this country America, who said: of the constitutional prerogatives and want is they want Medicare; they do Private drug-insurance policies are doomed responsibilities of this body than does not want welfare. from the start. Senator BYRD, our esteemed colleague Mrs. BOXER. Will my friend yield for That is the Bush plan. from West Virginia. I also know that a question? The idea sounds good but it cannot succeed he is intimately familiar with the I think the chart that you have be- in the real world. I don’t know of an insur- writings of John Jay in one of the most hind you is crucial for people to look ance company that would offer a drug-only cherished pieces of prose regarding our policy like that or even consider it. at. democracy, the Federalist Papers. In The PRESIDING OFFICER. The Sen- This isn’t TOM HARKIN talking or Federalist No. 64, he writes: HARRY REID talking or MARY LANDRIEU ator from Iowa has used 15 minutes. As all the States are equally represented in Mr. HARKIN. May I have 5 more min- or BARBARA BOXER or ZELL MILLER. the Senate, and by men the most able and utes? This is the head of the Insurance Asso- most willing to promote the interests of Mr. REID. I say to my friend from ciation of America. their constituents, they will all have an Iowa, of course you can have 5 more I say to my friend, in closing the equal degree of influence in that body, espe- minutes. We have Senator LANDRIEU extra time he has, the chart behind cially while they continue to be careful in here to speak. And I would say, before him tells the story, and this quote tells appointing proper persons, and to insist on yielding that time to my friend from the story. It is truly, unfortunately, a their punctual attendance. Iowa, you have painted the picture so sham prescription drug plan. Although I agree with this, I don’t Mr. HARKIN. I thank the Senator well that Senator BYRD started today. know if our Founding Fathers ever Because if we had the proper process from California. She is absolutely thought there would be a day where around here, we would have been debat- right. Forty-three percent of these tax there were women in the Senate, but breaks go to the top 1 percent, who ing these issues a long time ago. obviously this quote would apply so Mr. HARKIN. Exactly. have an average income of over $915,000 that men and women in the Senate Mr. REID. So I yield 5 minutes to the a year. This is where Governor Bush’s would have equal opportunity to rep- Senator from Iowa. Following that, I tax breaks go. Yet Winifred Skinner— resent their States. yield 5 minutes to the Senator from age 69, in my home State of Iowa—has When we follow these rules, as we can to go around the streets and the roads Louisiana, Ms. LANDRIEU. see, our Founding Fathers intended and pick up aluminum cans so she can The PRESIDING OFFICER (Mr. FITZ- this body to represent the great States pay for her prescription drugs. I think GERALD). Without objection, it is so or- of our Union equally. Sadly, after years dered. that says it all. of hearing of the importance of fed- I thank the Senator from California. Mr. HARKIN. I yield to the Senator eralism, the Senate is proceeding down I thank the Senator for yielding me the from California. a course that makes a mockery of this time and yield the floor. ideal. Mrs. BOXER. I thank my friends, and The PRESIDING OFFICER. The Sen- I represent one of the 20 States with- I thank the Senator from Louisiana for ator from Louisiana is recognized. her patience. This is an important Ms. LANDRIEU. Mr. President, I join out a member on the Appropriations point that she made to me yesterday my colleague from California and my Committee in either Chamber. Cur- and to a number of my colleagues. colleague from Iowa in their remarks rently there is no one from Louisiana I think the chart that is behind the and thank our colleague from Iowa for on the Appropriations Committee in Senator from Iowa tells a story all spending the time to point out the im- the House or in the Senate. The only America has to see. This tax cut is so portant differences in the approaches protection a State such as mine—one enormous, with such enormous tax as we get closer to this election. It is of the earliest additions to the Union, breaks for those at the top—for exam- something the American people in our I might add—has is the power and proc- ple, those over $350,000 will get back democracy will ultimately decide. I ess of this Chamber. That power and $50,000 a year compared to those at thank him. that process is being jeopardized. $30,000 who will get back a few hundred I also point out to my colleague from When the Senate leadership attempts dollars—that it is impossible for Gov- California that not only would we not to short-circuit that process, they ernor Bush to do anything real for the be able to afford the right kind of pre- trample on the rights of States and un- American people that the American scription drug plan for America be- dermine our very constitutional struc- people want. cause of the huge tax cut proposal that ture. I asked myself, why would it be that the Governor of Texas has proposed, we This Senator will be asked to vote, I his prescription drug policy would only would not be able to give the military am certain, on an enormous bill that I cover 5 percent of the seniors who need the added investments that it may or could not possibly have read, that has it. The easy answer: Even if he wanted may not need. We may be debating never passed out of this body, and to do more—and let’s say he does; I will that, but the generals appeared yester- which I will have no opportunity to give him that break—he can’t do more, day to describe how they needed some amend. because when you look at what he increase in investments in the military Let me say it again. The people in wants to do for the military and what in certain ways and we need to mod- Louisiana, and these 23 States on this he says he wants to do for education, ernize and streamline and save money chart, will have no opportunity to and it goes on, it does not add up. So where we can. But there are clearly amend this final bill that is going to be what happens to Governor Bush is that some areas where we will not even be before us shortly. Our rules were writ- he has to take tiny little baby steps for able to do that, if the proposed tax cut ten to give life to the intentions of our things he thinks are important because plan is in effect. We won’t be able to Founding Fathers that we have the op- he doesn’t have the resources because provide the kind of Medicare coverage portunity to deliberate and amend any he is committed to this enormous tax we need, and we will not be able to measure offered in this body. When we break, instead of doing what AL GORE strengthen our military in the ways follow those rules, all States are truly has done, which is to say: Yes, we will that we perhaps need to as we restruc- equal—the most populous and pros- give tax breaks, but we will give them ture and reshape. perous, as well as the smallest and

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9418 CONGRESSIONAL RECORD — SENATE September 28, 2000 most in need. That is what our Con- chance to hear them, will read it in the the cloture votes in history—over 25 stitution contemplated, but that is not RECORD tomorrow. It was really an ex- percent—have been cast since 1995. what we are living out today. traordinary contribution. I am grateful Twenty-five percent of all the cloture A measure very important to my to them. votes in history have been cast in the State, as many of you know, is the Also, I am grateful to the distin- last four years. That is one figure I Conservation and Reinvestment Act. I guished senior Senator from West Vir- hope people will remember. am concerned by virtue of the process ginia for allocating this time. I think The other one which I think is crit- we are following that this critical leg- it is very important that we have an ical is that we have had more cloture islation, despite the support of 63 Sen- opportunity to talk about how it is votes in 1999 than any other year in ators, will not be debated on the Sen- that we got here. I want to devote my history. We broke a record there as ate floor. That potential reality is un- comments to the question of how we well. fair to Louisiana; it is unjust to the 4.5 got here, and I will talk about two Under the majority leader’s ap- million people who live in my State. It things. proach, we have also had the most is certainly not what John Jay, one of First, I want to talk about how we first-day cloture filings ever. We have our founders, had in mind 200 years got here in the larger context of Senate never had this many cloture filings on ago. rules and Senate procedure and the the first day. I think it is important to warn my practice of the majority under the This is a motion to invoke cloture. colleagues now that this Senator in- rules and Senate procedure. And then I This is what it says. They are all the tends to defend her State’s place in want to talk a little bit about the same. It is a stock statement. this body. I thank my friend from West schedule itself and how it is we got We the undersigned Senators, in accordance with the provisions of rule XXII of the Virginia. I salute him for his ongoing here, with only two days remaining in the fiscal year, and so much work still Standing Rules of the Senate, do hereby leadership in this cause, and I look for- move to bring to a close debate on the pend- ward to helping him return this body incomplete. I think it is very important for us to ing amendment—in this case the marriage to its appropriate place in the constitu- tax penalty bill. understand that, procedurally, we have tional order. So whether we are debat- seen the disintegration of this institu- The key phrase is the one we have ing Medicare or our military or the en- tion in so many ways. I have come to outlined in yellow: ‘‘To bring to a close vironment and the Conservation and the floor on other occasions to talk debate.’’ Reinvestment Act, I hope that the peo- about this disintegration. I think this I ask anybody who is even a casual ple of my State can truly be rep- is important for newer Senators to un- observer of debate: How can you close resented in that process. That is why derstand. I see the extraordinarily able debate before it has even started? But they elected me and I plan to defend new Member from Georgia, a Senator that is what we are doing. A bill is that right. filed. Amendments are filed to the bill who has just joined us, Mr. MILLER. I Mr. REID. Mr. President, Senator worry about the Senator ‘‘Millers’’ and in order to close the parliamentary BYRD has asked that I allocate the about the Senator ‘‘Fitzgeralds,’’ our tree. That denies us the opportunity to time that is remaining under the origi- current Presiding Officer. I worry offer amendments. Then cloture is filed nal time given him under the unani- about those who may not have under- so we can bring to a closure debate mous consent agreement. stood what the Senate institution that hasn’t even begun. The Democratic leader will be out in looked like as an institution years ago. We have done that more in 1999—of a few minutes to take half an hour. The controversy that we are facing is course we don’t know about 2000 yet— When he completes his statement, Sen- not about procedural niceties. The than in any other year in our history. ator KENNEDY will follow for half an right to debate and the right to amend Of all the cloture votes together, over hour. When he completes his statement are fundamental rights to every Sen- all of these years, 25 percent of them at about 1:30, Senator CONRAD will be ator as he or she joins us in this Cham- were in just the last 4. here to speak for half an hour. Fol- ber. Without those features, those Under previous leaders, we filed clo- lowing that, Senator DORGAN will be abilities, we diminish substantially the ture, of course. There were some great here for half an hour. Following that, nature of the office of Senator, the in- debates about many issues in the past Senator JOHNSON will be here to speak stitution of the Senate, and indeed the that went on for days and weeks and for 10 minutes. Senator DURBIN will reason why Senators come here in the even months. People would be here 24 come at approximately 2:40 to speak first place. hours a day. The debates would go on, for about a half hour. Senator KOHL Obviously, we are here to debate the and a majority leader would be com- will speak around 3 or 3:10. At that great issues of the day. But how does pelled to file cloture to bring the de- time, most of the time will be gone. one do it if we are relegated to press bate to a close. Why? Because they had Senator BYRD will have the remaining conferences or other forums that force been debating it. That is what they time. us to talk about those matters off the were supposed to do. That is why clo- I suggest the absence of a quorum. floor? This Chamber has been called ture is supposed to be filed. Yet now we The PRESIDING OFFICER. The the most deliberative body in the find ourselves voting on cloture before clerk will call the roll. world. Yet I worry about how little we we have had even the first hour or the The assistant legislative clerk pro- have actually deliberated this year. first 5 minutes of debate. ceeded to call the roll. And because we have not deliberated, We are also rewriting the rules on Mr. DASCHLE. Mr. President, I ask the Senate as an institution has suf- amendments themselves. Recently, we unanimous consent that the order for fered. outlawed nongermane sense-of-the- the quorum call be rescinded. Unfortunately, over the last few Senate amendments to appropriations The PRESIDING OFFICER. Without years, I believe the Senate has changed bills. We can’t do that anymore. objection, it is so ordered. dramatically. We have been denied the The number of amendments have also The Democratic Leader is recognized. opportunity to offer amendments, as been grossly restricted. I have never Mr. DASCHLE. Mr. President, I com- we are right now on the pending legis- seen, as I have this year, the overly re- pliment the Senator from California lation, the so-called H–1B bill. In the strictive way with which we have ap- and the Senator from Iowa for their ex- entire 106th Congress, we have had only proached virtually every single bill. traordinary colloquy this afternoon on a handful of opportunities where Sen- Take the Elementary and Secondary prescription drugs. There is so much ators were given their prerogative, Education Act, the bill we took up ear- confusion, unfortunately, on the issue, given their fundamental right as a Sen- lier this year. An average of 39 amend- largely generated intentionally by the ator, to do what they came here to do: ments have been offered to ESEA reau- other side, hoping to confuse people, to represent their constituents through thorization bill over the last 25 years— obfuscate the question, and confuse the active participant in the legislative 39 amendments. Yet this year, only issue. The Senators from California process here on the floor of the United four Democratic amendments to the and Iowa have, with great clarity, rede- States Senate. ESEA bill were permitted before the fined it and redescribed it. I hope my There has been an extraordinary bill was pulled. That’s right: histori- colleagues, if they did not have the abuse of cloture. Over one-fourth of all cally, there were an average of 39

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9419 amendments to ESEA bills. This year, repealed that, we opened up, as our Every crime statistic is down in Democrats offered four amendments, Senator from New Mexico likes to call America today, every single one. Do and the bill was gone. We are told we it, a ‘‘box of Pandoras’’—a real box of you know why that is? That is in part don’t have time to complete the bill. Pandoras. because we passed the COPS Program, We are told the Democrats shouldn’t We now have sham conferences. It is the community police program. That is even think about offering all of these almost like a huge U-Haul truck is because we have provided resources to amendments. We are told that bills pulled right up to the front door. We police officers in ways they didn’t have should be passed with no amendments just lob everything in there and drive earlier in the decade. Another reason is at all, or if we must offer amendments, it on down to the White House. Nobody that we passed an awfully good crime they must meet the strict definition of knows what is in that big box of Pan- bill in 1994, the last year Democrats ‘‘relevant″ used by the parliamen- doras. It is put into that truck, hauled were in the majority. tarian. down to the White House, the Presi- Do you know how long it took? We The interesting thing is, nonrelevant dent signs it, and it becomes law. spent 2 weeks on that crime bill. We amendments have been considered OK It is getting worse and worse. Now we had 92 amendments which were pro- for the Republican Party in the past. I find our Republican colleagues want to posed, 86 amendments adopted, over 20 have a chart that shows some of the ex- take what happened in a sub- rollcall votes. That is the way the Sen- amples of non-relevant amendments of- committee, where maybe a handful of ate is supposed to work—a good, rig- fered when the Republicans were in the people know anything about it, bypass orous debate, and ultimately a product minority, and even in some cases when this Chamber entirely, go into a con- that enjoyed, in this case, broad bipar- they were in the majority. ference, load up that truck, and take it tisan support. Why? Because it was a We had a juvenile justice bill that down to the White House. That is why good piece of legislation. Why? Because came up in 1999. The majority leader we said no last week. That is why we everybody had their say. Why? Because saw fit to offer a ‘‘prayer at school me- said you can’t marry these bills that it was probably an improved product morial services’’ amendment to a juve- have had no consideration on the Sen- over what it was when it was first in- nile justice bill. That was OK. ate floor—sham conferences. troduced. We had a Commerce-Justice appro- I know why we are doing this. In fact, That ought to be the model. I don’t priations bill 2 years ago. It was OK to our colleagues on the other side have think there was a cloture motion filed offer a sense-of-the-Senate resolution been very candid about it, both pri- in that entire debate. We didn’t fill any on Social Security at that time. vately and publicly. They have said: trees. We didn’t say, we have to get We had a supplemental appropria- We don’t want to have to vote on these this done in 2 days. We didn’t say, we tions bill. This was when the Repub- tough issues. We have a lot of vulner- don’t have time. We said, we are going licans were in the minority, and the able incumbents. We are not going to to do it and we are going to do it right. Senator from Delaware, now chairman allow these amendments if they are And we did it right. And 6 years later, going to be problematic. of the Finance Committee, Senator we still benefit. I am sorry if someone is inconven- ROTH, certainly didn’t see anything We are prepared to work with our ienced. We have had to do that for wrong with offering a tax cut amend- colleagues on the other side. We only years. Casting votes is what being a ment to that bill. Evidently, that was hope they share the deeply held view Senator is all about. If you oppose a about commitment to the institution, OK, too. measure, then table an amendment, Yet now Republicans are saying: about commitment to the rights of offer a second degree, offer an alter- Democrats don’t have a right to offer each Senator, about an understanding native. nonrelevant amendments, nongermane There has to be a way of doing it of the responsibility for the legacy of amendments. We can, but you can’t. other than gagging this institution. this institution for future Senators and I don’t understand that logic. I don’t Forcing cloture votes against imagined for all of this country as we consider understand how in 1993 when they were filibusters in order to cast blame just the fragile nature of democracy itself. in the minority the senior Senator doesn’t work. I said there were two items. The first from North Carolina saw fit to offer a There are those on the other side who was procedural; the second is schedule. patent for the Daughters of the Confed- have said we shouldn’t have to spend The majority later said last year: eracy amendment to the community more than a couple of days on any one We were out of town two months and our service bill. of these bills. We should be able to get approval rating went up 11 points. I think I don’t see how we could have a Lith- these things done within 24 to 48 hours. I’ve got this thing figured out. uanian independence amendment to Why should they take so long? My an- They are sure acting as if they have the Clean Air Act. I want clean air in swer is because this is the Senate. I it figured out. If they were motivated Lithuania, but I have to tell you this will get into days in just a minute. We to be out, so their points went up, they had nothing to do with clean air in have the days. have shown it by the schedule. Lithuania. This wasn’t relevant. This We have ways with which to ensure This is the schedule for the year. All wasn’t germane. we can have a good debate. We can those red days are days we are not in There is a double standard here. I work Mondays and Fridays. We can session. All the blue days are the days hope people understand our frustration work after 6. We could do a lot of we are in session. Look at all those red as they watch the action and hear the things to ensure that the days are days. Yet we are told: We don’t have words. there. Some of the very finest pieces of time. We don’t have time to take up We have also trivialized Senate- legislation ever to pass the Congress appropriations bills. We don’t have House conferences over the last several took more than a couple of days. Bills time to take up amendments. We don’t years. The scope of the conference rule sometimes take longer. They are com- have time to take up a legislative was repealed. Now conference reports plicated. agenda. can include anything and everything— The majority keeps asking for co- We don’t have time? Maybe it is be- even measures that were never in- operation. But I think what they truly cause there is a little more red than cluded in either House. mean is capitulation. there ought to be. The number of days That is all part of what got us to the All Senators should be free to debate we are scheduled to be in session in the problem we are in now with appropria- an amendment. We shouldn’t have to year 2000 is shown: 115. That is the tions. All of this, I might say, goes face these artificial relevancy require- number of days in session in the year back to the concern the senior Senator ments. Important bills should have 2000. Keep in mind, there are 365 days from West Virginia shared as he talked their time on the floor. We ought to in the year, yet all we could find time about the procedures and the break- have good, rigorous debates. We ought for were 115 out of that 365. As it hap- down of the institution. When we re- to be able to offer amendments. Let’s pens, this is the shortest session of the peal the scope of conference rule that agree to disagree and let’s vote and Senate in half a century—since 1956. In said things had to be in either the move on. We did that in 1994 with a fact, this year’s schedule is only two House or Senate bill before they could piece of legislation from which we still days longer that the infamous do-noth- be considered in conference, when we benefit today. ing Congress of 1948.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9420 CONGRESSIONAL RECORD — SENATE September 28, 2000 The number of days with no votes in field sat at this desk, Joe Robinson sat the list did we pass the Elementary and the year 2000, out of that 115: 34. We at this desk, ROBERT C. BYRD sat at Secondary Education Act to strength- will be in session for 115 days in session this desk. George Mitchell sat at this en the nation’s public schools. Nowhere out of 365 days, but we have lopped off desk. I don’t know how I would explain on this list is the Patients’ Bill of a third of those days. On 34 of the 115 to my predecessors what has happened Rights. Nowhere do we find a Medicare days, we have had no votes at all. to the Senate this year. That is why prescription drug benefit for senior But there is no time. the same ROBERT C. BYRD came to the citizens. Nowhere is a long-overdue in- The number of days on Mondays with floor this morning. Listen to ROBERT C. crease in the minimum wage. Nowhere votes in the year is shown. Out of all BYRD. Listen to George Mitchell. Go does Congress strengthen our laws the Mondays in this year, we have only back in the RECORD and listen to Lyn- against hate crimes. Nowhere on the had three where we have had votes— don Baines Johnson, listen to Joe Rob- list are new gun laws to keep our three Mondays. inson, and remember what Mike Mans- schools and communities safe. On how many Fridays of this year field said. If ever a ‘‘Do-Nothing’’ label fit a 2000 did we have votes? Six. We did a Let’s call back the glory of this insti- Congress, it fits this ‘‘Do-Nothing’’ Re- little bit better on Fridays than Mon- tution. Let’s remember why we are publican Congress. days. Three Mondays with votes; six here, and we can then all be proud. Our country as a whole is enjoying an Fridays with votes. I yield the floor. unprecedented period of prosperity— Mondays with votes in September? The PRESIDING OFFICER. The Sen- the longest period of economic growth There it is: One. ator from Massachusetts. in our nation’s history. But for mil- No time for appropriations bills. No Mr. KENNEDY. Mr. President, I ex- lions of Americans, it is someone else’s time for all of the issues Democrats press my appreciation for the Demo- prosperity. Working 40 hours a week, 52 wanted to take up. Yet on only 1 Mon- cratic leader’s excellent statement and weeks a year, a person earning the day in the month of September did we comment. minimum wage earns only $10,700 a have votes. I was listening particularly to the year—$3,400 below the poverty line for On Fridays in September, we didn’t wrap-up and recalling a number of the a family of three. do quite as well. I don’t know how we majority leaders with whom I had the Over the past three decades, the ex- explain no votes on Fridays in Sep- good opportunity to serve bringing into traordinary benefits of our record pros- tember when we have all this work, real relief how at that time we did have perity have been flagrantly skewed in knowing we will bump up against the the engagement of the issues and the favor of the wealthiest members of so- end of the fiscal year at the end of this resolution of questions of public policy. month. Imagine not having votes on That was the time-honored tradition ciety. We are pleased with the Census Mondays or Fridays, knowing we have of this body. It hails back to the time Bureau Report this week showing that 11 appropriations bills that are yet to of the Constitutional Convention and the poverty rate dropped to its lowest be completed. our Founding Fathers and what they level since 1979. Yet, poverty has al- Appropriations bills completed to believed we ought to be about. most doubled among full-time, year- date? Only two. We are dealing here I hope his words will be taken to round workers since the late 1970s— with numbers most people understand: heart by our colleagues as welcoming from about 1.5 million to almost 3 mil- 1’s and 2’s. into these final days of this session. lion by 1998, according to a June 2000 We have done a little calculating be- We are now in the final days of this Conference Board report. cause now we are getting into more ad- session. This afternoon, we will mark Today, the top one percent of house- vanced arithmetic. I said we have been the end of the current fiscal year by holds have more wealth than the entire using 1’s and 2’s and 0’s. We used our passing a bill—a continuing resolu- bottom 95 percent combined. calculator to decide how long it would tion—that acknowledges that Congress Yet, despite this historic period of take at this rate to complete the work was unable to complete its work. So economic growth, minimum wage on the remaining 11 appropriations now we’re going to put government workers are not able to afford adequate bills, and now we are into triple digits: funding on auto-pilot while our Repub- housing. The National Low Income 572 days to complete work on the 11 ap- lican friends figure out what to do. Housing Coalition recently found that propriations bills on this schedule. We started this year—the first of the the current minimum wage fails to pro- Finally, there is one more calcula- new millennium—with great hope. We vide the income necessary to afford a tion. I am sure people are trying to fig- were going to pass new laws to meet two bedroom apartment in any area of ure that out. If you take the 572 and the urgent needs of families across this country. project it out, I promise we will be fin- America—to improve health care and Often, workers are putting in longer ished by April 16 of the year 2002. That education, and provide jobs for working hours on the job, and more family is when we finish our work on the ap- families. The question is, did American members are working. A study released propriations bills using the schedule we taxpayers get their money’s worth? by the Economic Policy Institute this have adopted in the year 2000: 4/16/02— So far in this first year of the new month shows that in 1998, lower income April 16, 2002. So mark that in your cal- millennium, we have enacted: 27 laws families are working 379 more hours a endars, folks. That is likely to be the naming new federal buildings; 7 laws year than they were in 1979. year, the month, and the day that we granting awards to individuals; 3 tech- The increase in working hours for Af- finish our bills using the schedule we nical corrections to existing laws; 4 rican American and Hispanic families have employed this year. laws establishing small foreign assist- is even more dramatic. Middle-class Af- Someone once said, 90 percent of suc- ance projects; 4 commemoratives, and 2 rican American families work an aver- cess is just showing up. Maybe that is laws establishing new commissions. age of 9.4 hours more per week than our problem. We aren’t showing up. We found time in our busy schedules their white counterparts. Hispanic Maybe we ought to show up a little bit to pass a sense of Congress resolution families work five hours a week more more. Maybe we ought to work on calling for democracy in a Latin Amer- than whites at every income level. Mondays and Fridays. Maybe we ought ican country. We relocated people from Parents are spending less and less to work a little bit longer after 6 one South Pacific atoll to another. We time with their families—22 hours less o’clock. Ninety percent of success is encouraged the development of meth- a week than they did 30 years ago, ac- just showing up. Maybe we can be a lit- ane hydrate resources. We allowed the cording to a study last year by the tle more successful. When we show up, Interior Department to collect new fees Council of Economic Advisers. Serious maybe we ought to remember why we for films made in our parks. We elimi- health and safety problems result when are here. Maybe we ought to remember nated unfair practices in the boxing in- employees are forced to work long the prerogatives of every Senator. dustry. We renamed the Washington hours. A recent front page article in Maybe we ought to call back the gold- Opera as the National Opera. We passed the New York Times told the story of en days when Senators debated pro- a new law providing assistance to Brent Churchill, a power lineman, who foundly on the issues of the day. neotropical migratory birds. died in an on-the-job accident after Open this drawer: Lyndon Baines I have no doubt that each of these working two and a half days on a total Johnson sat at this desk, Mike Mans- laws was necessary. But nowhere on of 5 hours of sleep.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9421 There are signs that at least House full-time workers. What we are finding feel about it? Why don’t we just go Republicans are finally coming around out for Hispanics is it is 5 hours more ahead and take the vote? But, no, we to our way of thinking. They have of- a week than for white workers, and for are denied that opportunity. It is unac- fered the President a plan to raise the African Americans it is 9 hours more. ceptable that we are leaving here with- minimum wage. This positive develop- For white workers you have a 337 hour out doing so. That is one part of the ment gives us real hope that we can increase, and you almost double that unfinished business our leader, Senator raise the pay of the lowest paid work- for African American workers. DASCHLE, talked about. ers before we adjourn. But we cannot Let’s see what that has meant in The Glenn Commission Report on misuse an increase in the minimum terms of where they rate in America in Math and Science Teaching released wage as an excuse to cut workers’ over- terms of the distribution of income. yesterday is a clear call to action to do time pay, as the GOP proposes. The The bottom fifth of families have de- more to put qualified math and science overtime pay provisions of the Fair clined by 15 percent, even though they teachers in the Nation’s classrooms. Labor Standards Act have been in are working close to 400 hours a year As the commission emphasized, we place for over 60 years, and they pro- longer than they were working 20 years need greater investments in math and tect the rights of 73 million Americans. ago. They have fallen behind, about a science at every level. This commission Republicans also want to use any 15 percent decline in their living. For is made up of distinguished educators, minimum wage legislation as a vehicle the middle fifth it is about a 12 percent public officials, school administrators, to repeal protections from millions of advantage, and the top fifth, a 73 per- school boards, local personnel, State Americans who work hard as inside cent advantage. national directors, and chaired by our salespeople, funeral directors, embalm- If you took a chart—I will explain good friend and colleague, Senator ers, and computer technicians. These this on the next presentation—and di- John Glenn, who spent such a great changes would punish these workers vide the total workforce in fifths, from deal of time in service in the Senate fo- for advances in technology that have 1948 to 1975, you would find them vir- cusing on and giving life to the issues made businesses more efficient. They tually all identical. All of America of math and science training. He pro- would take away basic protections moved together during those years. In vided great leadership. We are very from precisely those occupations where the immediate period after World War much in his debt for that effort. Now long hours are most at issue. II, all America moved together. for the last 2 years, he has chaired a The Republican proposal also freezes As a result of hard work and inge- very outstanding commission, and they the guaranteed cash wage for waiters nuity, individuals who were successful made their recommendations yester- and waitresses, and other tip employ- experienced enhanced prosperity, day. ees. These men and women are usually which is fine. But all Americans who As the commission emphasized, we need greater investments in math and among the lowest paid workers and were prepared to work moved along to- science at every level—federal, state, often struggle to make ends meet. gether. Now we are seeing this extraor- Finally, the tax breaks in the Repub- dinary skewing at lower incomes of and local—to significantly increase the number of math and science teachers lican proposal are not reasonable. They people working harder and harder and and improve the quality of their prepa- total $76 billion over ten years, com- falling further and further behind. pared to the $21 billion tax cut that This is another chart which indicates ration. We have made some significant was included in the last minimum wage the purchasing value of the minimum progress in recent years, but we cannot law that was enacted in 1996. wage is gradually declining. The pov- afford to be complacent. In our increas- Congress is quick to find time to vote erty line is increasing which results in ingly high-tech economy, high school to increase their own salaries. The in- more and more American workers graduates need strong math and ana- crease now pending would mean a raise working harder and longer and falling lytical skills in order to be competitive of over $4,000 a year. Yet, we have not into poverty, with all the implications in the workplace. In addition, schools found the time to pass an increase in for themselves and their families. face record-high enrollments that will the minimum wage to benefit hard- This next chart is extraordinary. It continue to rise, and they also face se- shows the expansion of productivity. working, low-income Americans at the rious teacher shortages. bottom of the economic ladder. Each We have heard we cannot increase the Recruiting, training, and retaining day we fail to act, families across the minimum wage because we have lost high-quality teachers, particularly country fall farther behind. The dollar our edge in productivity. One can see math and science teachers, deserve increase we propose now should have from this chart the explosion in pro- higher priority on our education agen- gone into effect in January 1999. Since ductivity. The blue line is a decline in da in Congress. We should do all we can then, minimum wage workers have lost real wages. to see that schools have the Federal over $3,000 due to the inaction of Con- Historically, wages used to keep pace support they deserve. The need is espe- gress. with the increase in productivity be- cially urgent in schools that serve dis- The American people overwhelm- cause that affects the actual cost to advantaged students. ingly support raising the minimum the employer. If the employees are The commission’s timely report gives wage. They agree that work should going to be more productive, they us new bipartisan momentum to ad- pay, and that the men and women who ought to participate in the benefits of dress these fundamental issues more ef- work hard to earn the minimum wage increasing profits and increasing pro- fectively. should be able to afford clothing for ductivity. But that is not happening, The report calls for a $3.1 billion in- their children and food on their tables. and it is not happening among the low- vestment a year by the federal govern- Minimum wage workers should not income workers. ment for recruiting, mentoring, and be forced to wait any longer for the fair This next chart shows the purchasing training teachers—with most of it for increase they deserve. We have bipar- power again. In 1968, it was $7.66; it is professional development activities. tisan support for this increase and we now $5.15. Without an increase, it will The question is, how fast can Congress are not going to go away or back down. fall to $4.90, the lowest in the history respond? Can we act this year, or will No one who works for a living should of the purchasing power of the min- we lose another year? have to live in poverty. imum wage. At a time of the greatest I propose that in the fiscal year 2001 Mr. President, these charts depict economic prosperity of any country in appropriations, we make a down pay- parents working harder. This charts the world, the income of those individ- ment on the Glenn Commission rec- the hours worked by families with chil- uals who are working 40 hours a week, ommendation investing $1 billion in dren in the bottom 40 percent of in- 52 weeks of the year is the lowest it has teacher quality programs, including come. It is a comparison of the percent been in the history of the purchasing Title II of the Higher Education Act, of increase in hours worked from 1979 power of the minimum wage. That is and the Eisenhower Professional Devel- to 1998. This 13.8 percent represents an absolutely crazy. opment Program, which makes math average increase of 379 hours of work a We have been denied an opportunity and science a priority. year, compared to hours worked in to vote on this issue. Why don’t we Math and science appropriations is 1979. It is just slightly less for white vote on it and see how the Members about $335 million. It is in place. It has

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9422 CONGRESSIONAL RECORD — SENATE September 28, 2000 the confidence of educators. It is fo- tion from 1994 to 1997; an 18-percent re- prescription drug, the doctor prescribes cused on math and science. We can duction from 1997 to 1999; and now the what prescription drug that senior take the initiative to enhance that pro- prediction of another 30 percent who needs, and the rest is arranged through gram, following the Glenn rec- are going to lose it over the period of the Medicare system in terms of the ommendations. We can do that as our the next 3 years. payment. But the doctor decides. appropriators are meeting with the ad- We know what is happening. The As shown over here on the chart, ministration in these last 2 weeks. time to act is now. under the Bush proposal it is going to Title II of HEA is vastly underfunded According to a new study for the Kai- be the HMO. They are going to be the this year at $98 million and the Eisen- ser Family Foundation, a central rea- ones making the decision. We can’t hower Program is vastly underfunded son for this decline is the escalating even get the HMO reform here in the at $335 million. cost of prescription drugs and Medi- Senate. Now they are suggesting that By committing $1 billion now, for the care’s failure to provide coverage. As we have a whole new system of benefits coming year, we will be making a need- the study found: that are going to go through that sys- ed down payment toward meeting the Prescription drug costs are driving retiree tem, where the HMOs and bean Nation’s teaching needs. health costs to an unprecedented extent. . . . counters, who too often put profits No classroom is any better than the The drug benefit has represented 40–60 per- ahead of patients, are going to make teacher in it. The Glenn Commission cent of retiree’s health costs after account- that decision. report is our chance in Congress to ing for Medicare. Based on current cost Under the Gore plan, there will be trends, Hewitt projects drug benefits to rep- tackle this head on and do what is so good coverage. It is going to be com- resent as much as 80 percent of total 65+ re- prehensive coverage. But under the obviously needed to improve teacher tiree health costs in 2003. quality across the country. Bush plan, we don’t know what the The study estimates that President coverage is going to be because it will It cries out for action, and this is a Clinton’s plan could save employees as priority. We should respond to it, and be decided by the HMOs. This means it much as $15 billion annually when it is will be built out of the Medicare sys- we can do something now. We have to fully phased in. They conclude: provide the resources for investing in tem. And this will be some other pro- The financial savings could . . . slow the gram that may be built upon HMOs or this area, I believe. erosion of retiree health care by lowering the Finally, in the debate over prescrip- the private sector, which have been re- costs for prescription drug benefits, which markably unsuccessful in many parts tion drugs, one of the most important have been increasing for employers at dou- reasons for Congress to act and act ble-digit rates and are a major source of con- of this country. More than 930,000 people have lost promptly has often been overlooked. cern. Medicare HMO coverage this year The best source of comprehensive, af- A critical reason for this Congress to alone. Rather than be expanded, the fordable health insurance coverage for act to provide Medicare prescription drug program has been in decline. Sen- senior citizens is through employer re- drug coverage for the elderly is the ior citizens need help now. AL GORE’s tirement plans. In fact, the combina- worsening situation facing retirees. plan provides prescription drugs under tion of Medicare and so-called em- But the Republican majority won’t act. Medicare for every senior citizen in ployer wrap-around coverage is the They won’t allow a vote. Just 3 days 2002. Under the Bush proposal, there gold standard for health insurance cov- ago, they declared that Medicare pre- will be 25 million seniors who will be erage for the elderly. scription drug coverage is dead for this excluded because they are not eligible But private retirement coverage is in year. Their own proposals are not what under the parameters of the Bush pro- free fall, with ominous implications for senior citizens want and need. posal. This makes absolutely no sense. all retirees. In the three year period The differences between the two par- Experience shows that the Bush pro- from 1994 to 1997, the proportion of ties are clear on this issue. Vice Presi- posal would take years to put in oper- firms offering retiree health coverage dent GORE and Governor Bush have ation. Only 14 States have the kind of dropped by 25 percent. In 1998, and 1999, proposed two very different responses insurance plans for senior citizens in another 18 percent dropped coverage. to this problem. The Gore plan pro- operation today. This would be all We know one-third of the elderly vides a solid benefit under the existing under the Bush proposal. All 50 States have no prescription drug coverage. Medicare program. Under the leader- must pass new laws or modify legisla- None. Another third have employer- ship of Senator GRAHAM and Senator tion. Only 16 States currently have any based coverage. ROBB, the Senate has already voted on drug insurance program. The CHIP pro- From 1994 to 1997, it dropped 25 per- a bipartisan plan that would achieve gram—the Children’s Health Insurance cent. From 1997 to 1999, it dropped an- the objectives of the Gore proposal. Program—was passed in August of 1997, other 18 percent. All the indicators are With the support of only a few more was available in October of 1997; and going through the bottom. We are see- Republicans, a real prescription benefit under Texas law, it took them until ing dramatic reductions in coverage. can pass this year, so that all our sen- November 1999 to take advantage of it. We are seeing that prescription drugs ior citizens can get the prompt help It took 2 years to take advantage of it. are increasingly less relevant in terms they need. And the money was already there. The of HMOs because the HMOs have been Shown on this chart are the Gore and Governors have already indicated they putting in a cap of $1,000 and some- Bush plans. You have the comparisons. do not want the responsibility to de- times $500 in the last 3 years, capping The Gore plan would be implemented velop, even with the funding, a whole the amount they will actually provide in 1 year. The Bush plan is 4 years, new administration to be able to im- for the senior citizens. And many of with revenue-sharing with the States plement the program. So this is really them are moving out of parts of the or block grants to the States. We a nonstarter for seniors. country. would have to appropriate the money. It makes no sense to depend on HMOs The Medigap program is prohibi- Then, if there is, according to Governor to provide this crucial benefit. The tively expensive. The only people who Bush, a significant reform of the Medi- Bush plan does not provide the stable, are guaranteed prescription drugs with care system, within that significant re- reliable, guaranteed coverage that any degree of certainty and predict- form of the Medicare system—I don’t should be a part of Medicare’s promise ability are the poorest of Americans know whether he means just the pri- to the elderly. under the Medicaid program. vatization or not—a prescription drug But there is one guarantee under the We can do better. We must do better. program could be included. You have Bush plan. The benefits are guaranteed We can do better even as we are in the that versus starting in a year from to be inadequate. The Bush program al- last 2 weeks of this session. now. locates almost $100 billion less to pre- A 1999 survey of large employers by Secondly, with regard to the guaran- scription drug coverage than the Gore the consulting firm of Hewitt Associ- teed benefits—this is a crucial dif- plan. The reason for this lesser amount ates found that 30 percent of these ference—what does this ‘‘Yes’’ shown is obvious. The Bush approach wastes firms said they would consider drop- on the chart mean on guaranteed bene- most of the surplus on new tax breaks ping coverage over the next 3 to 5 fits? It means this: When a senior goes for the wealthy, and too little is left to years. So we have a 25-percent reduc- into a health delivery system needing a help senior citizens.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9423 The nonpartisan Congressional Budg- no control, and chaos at the end. That If we go back 20 years ago, 1981, et Office has estimated that under the is where we are today. This is chaos. President Reagan came in. He had the similar Republican plan passed by the Every Member of the Senate knows old trickle-down economics. It was a House of Representatives, benefits that is true. disaster in terms of deficits; the defi- would be so inadequate and costs so We have a circumstance now where cits skyrocketed. We went from a def- high that less than half of the senior bills are passed in committee, never icit of about $80 billion to over $200 bil- citizens who need the help the most— come to the floor of the Senate, go to lion and tripled the national debt dur- those who have no prescription drug a conference committee, the Demo- ing his years. Fiscally, it was a chaotic coverage at all—will ever participate. crats are locked out of the conference time. President Bush came in; the def- A prescription drug benefit that leaves committee, and Senators are denied icit was $153 billion. By the time he out half of the senior citizens who need their right to offer amendments to im- left, it was $290 billion—more than dou- protection the most is not a serious prove legislation. That is not the way ble. plan to help senior citizens. the process is supposed to work. To- That is the record. It is in the books. There is still time for Congress to gether we have to mend it. If we don’t, I know it makes tough reading for enact a genuine prescription drug ben- we are going to have a circumstance some of our friends on the other side, efit under Medicare. The administra- where someday, when the Democrats but that is their record on the fiscal tion has presented a strong proposal. are going to be back in control, we can health of this country. The fact is, Let’s work together to enact it this operate this way. And if you are in the they had a policy of deficits and debt, year. It is not too late. The American minority and you are locked out and and those deficits and debt threatened people are waiting for our answer. prevented from offering amendments, the fundamental economic security of These are some of the issues I would your ability to represent your con- the country. hope we could still address. We ought stituents is badly diminished. In 1993, we had a new administration. to be able to pass the minimum wage. This is not just a Democrat issue or This is their record—not a question; It is not complicated. It is not difficult. Republican issue. This is a question of these are the facts. I remember Presi- We know what is at play here. how we function in this body. It is in dent Reagan used to say facts are stub- We ought to be able to finally get all of our interests to have a process born things. He was absolutely right prescription drug legislation. We voted where Senators’ fundamental rights about that. Facts are stubborn things. on this in the Senate. A majority of are protected so they can carry out In 1993, the deficit was $255 billion. the Members of the Senate actually their fundamental responsibilities. We passed a 5-year plan to reduce the supported a prescription drug program When I say we are in chaos, the story budget deficit and to get it under con- that would be worked through Medi- in the Washington Post yesterday, trol. Our friends on the other side said care. We ought to be able to pass that front-page story, tells us that is true. that if we passed that plan, it would in the Senate. As I mentioned, a major- Here is the story: ‘‘Spending Flood- crater the economy. That is what they ity of the Members already do support gates Open on Hill.’’ Congress is mov- said at the time. They said it wouldn’t ing to approve the biggest spending in- it. We ought to be able to get a down- reduce the deficit. They said it would crease since Republicans took control increase it. They said it wouldn’t repayment on that legislation. We ought to be able to deal with in 1995. The binge is setting off alarms duce interest rates; that it would in- some of the education challenges. That among fiscal conservatives and threat- crease them. They said it wouldn’t re- is important. We ought to be able to ens to absorb a chunk of the future sur- duce inflation; that it would increase plus. get the Patients’ Bill of Rights passed, inflation. ‘‘It is just a free for all,’’ said Sen- We can go back now and check the as well as the hate crimes issues, and ator MCCAIN. ‘‘They are all equal op- record. They were wrong on each and try to do something on the gun show portunity pork-barrelers . . . This is every count—not just a little bit loophole, and some other matters. the worst ever.’’ wrong, completely wrong. Look at the These are public policy matters that I I agree with Senator MCCAIN. This is record. think the American people want us to the worst ever. We have a process that Every year of that 5-year plan, the address. They do not want us to be out is broken. The budget resolution is deficit went down and went down dra- here now, as we have spent the better being paid no attention. That was pre- matically, until we got to the fifth part of this week, in quorum calls. dictable because the budget resolution year of the plan and we were headed to- They want action, and they want ac- made no earthly sense. It wasn’t real. ward surplus. That is the record. We tion now. We, on this side of the aisle, It was a fiction. As a result, we have no can look back and see who is right and are prepared to provide it. control, no accountability for what fol- who is wrong. It is just as clear as it Mr. President, I yield the floor. lows. Everybody is on their own. Every can be. The PRESIDING OFFICER. The Sen- one of these committees is on their The question is, Are we going to put ator from North Dakota. own. They are out there dividing them all of this at risk? The President an- Mr. CONRAD. Mr. President, I rise up, throwing it in. We are going to nounced just the other day that we are today as a senior member of the Budg- have—I predict today—a stack of paper going to have a $230 billion budget sur- et Committee to talk about what I see on our desks, and we are going to be plus, a $230 billion budget surplus for as a breakdown in the budget process told: Take it or leave it; vote for it or fiscal year 2000. Just 8 years ago, we in the Senate. I think every member of the Government will shut down. had a $290 billion budget deficit. the Budget Committee and every Mem- That is where we are headed. It is The results from this fiscal policy ber of the Senate ought to be con- very clear to anybody who is watching. have been very clear. Before I get to cerned about what has happened the That should not be the way we conduct the results, let me show how it hap- last several years but even more dra- the people’s business. pened. How did we get into this posi- matically this year, in what can only What is especially troubling about all tion? We got into this position by, in be called a virtual meltdown of the this is that we have made enormous 1992, passing a plan that cut spending budget process. progress over the last several years, and, yes, raised taxes on the wealthiest Those who are watching may say, enormous progress in getting our fiscal 1 percent—raised income taxes on the well, what do we care what the budget house in order. We should not put at wealthiest 1 percent. The revenue line process is. We care about the budget risk that progress. We should not put went up; the spending line came down. outcome. And that is exactly right. at risk the prosperity that has followed We balanced the budget. We created The most important thing is the budg- getting our fiscal house in order. surpluses, and the economic results et outcome. But many times how you I want to look at the last three ad- have been dramatic and extraor- start has a lot to do with how you end ministrations and their record on defi- dinarily positive. up, and I am afraid we have now devel- cits. I think it is instructive as we go We now have the longest economic oped a disastrous operating procedure into this election season. I think it is expansion in our Nation’s history. This around here. instructive as we consider what is oc- was recorded on February 1, 2000, in the We start out with a fiction of a budg- curring in the Senate and the House of Washington Post, the headline, ‘‘Ex- et; we end up with no accountability, Representatives right now. pansion is Now Nation’s Longest,’’ 107

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9424 CONGRESSIONAL RECORD — SENATE September 28, 2000 months of economic growth, the long- This is the record and these are the non-Social Security, non-Medicare sur- est economic expansion in our Nation’s facts with respect to what has hap- plus of $1.8 trillion over the next 10 history. pened to the income tax burden. Be- years that has been projected. The It is not just a record of economic ex- cause we have gotten our fiscal house Bush tax cut is—his large main pro- pansion. It is the other positive results in order, we have seen a substantial re- posal costs $1.3 trillion. The other tax we obtained as well by getting our fis- duction in the publicly held debt. We cuts that he has endorsed in the cam- cal house in order: the lowest unem- are in a position, if we make no other paign are another $300 billion. The in- ployment rate in 42 years; and on infla- changes in law, to pay off the publicly terest cost of those tax cuts is another tion, the lowest sustained level since held debt of the United States by the $300 billion. So he has completely 1965. We have the lowest level of sus- year 2009. We all understand there are wiped out the non-Social Security, tained inflation in 35 years because we proposals for additional spending and non-Medicare surplus. It is gone, poof. got our fiscal house in order. The wel- for tax cuts that will move that back. Then he has an additional problem fare caseload has been cut in half; the The fact is, if we made no changes in that is very big. He has recommended percentage on welfare in the country is current law, we could pay off the pub- Social Security privatization. The the lowest since 1967. This is the licly held debt in the country by the transition cost of that proposal—or record. It is very clear. Those of us who year 2009. In fact, we are right here on proposals like that one—is about $1 supported welfare reform, those of us this scale. We have already started trillion. Where does that come from? who supported the budget plan to get paying down the debt. In the last 3 Where does that $1 trillion come from? our fiscal house in order, those deci- years, we have paid down, I think, over Is he going to take it out of the Social sions have paid off for the country, and $300 billion of publicly held debt. That Security surplus? If he does, he has vio- we should not put it all at risk. is a dramatic transformation, a huge lated the pledge everybody has made Federal spending as a percentage of improvement. here not to raid the Social Security our national income is the lowest it Let me just be clear. I give most of surplus because that money is needed has been since 1966. the credit to our side of the aisle to meet the promises that have been Federal spending is the lowest as a which, in 1993, passed a 5-year budget made to existing Social Security re- percentage of our national income plan that did most of the heavy lifting. cipients. If he takes that $1 trillion out since 1966. These are the kinds of posi- We didn’t have a single vote from the of there, that undermines Social Secu- tive results we have developed as a re- other side of the aisle. But it is also rity solvency because it is a transfer of money to allow people to set up private sult of a budget plan that added up, true that in 1997 we finished the job accounts. that made sense, that got our fiscal with a bipartisan effort. I say to my Now, in addition to that, he has used house in order. colleagues on the other side of the Some say, gee, income taxes are the every penny of the non-Social Secu- aisle, that was good that we were able rity, non-Medicare surplus for tax cuts. highest they have been in a generation. to come together in 1997 and do some- Not true. The reason we have expanded Where is the additional money for de- thing together to finish the job. fense? He made a big point in this cam- revenue—yes, we raised rates on the Now the question is: Do we stay on paign that we are not at the level of wealthiest 1 percent. That is undeni- this course or do we go off in some readiness we should have. Where is he able. That is correct. That was part of other direction and go back to what I the plan that got our fiscal house in going to get any money to deal with consider the bad old days of debt, defi- that when all of his money—non-Social order. But it is also true that we passed cits, and decline? I hope not. I hope we sweeping tax cuts, child care credit, ex- Security and non-Medicare surplus— avoid going back in the deficit ditch. goes for tax cuts? Where is he going to pansion of the earned-income tax that Let’s look ahead. Here is what we are get the additional money for education dramatically reduced the income taxes told now. Over the next 10 years, the of tens of millions of Americans. he has called for in this campaign? It projections are—remember, they are doesn’t add up. On March 26 of this year, the Wash- projections, and projections can ington Post, on page 1, ran a story What worries me very much is that change—telling us we can count on $4.6 we are going to go right back into the under this headline: ‘‘Federal Tax trillion of surplus. That is extraor- Level Falls For Most; Studies Show deficit ditch we just crawled out of. dinary, the turnaround that has been What a mistake that would be; what a Burden Now Less Than 10 percent’’ on accomplished. First of all, remember a significant part of the American pub- tragedy for this country it would be to that those are projections. They have go back to deficits and debt and ulti- lic. improved by a trillion dollars in the Most Americans, this year, will have mate economic decline. I hope very last 6 months. They could go the other much our colleagues will avoid that to fork over less than 10 percent of way in the next 6 months. Let’s re- their income to the Federal Govern- mistake. member, they are projections. Let me just say that it isn’t just the ment when they file Federal income Two, let’s remember the $2.4 tril- Bush plan that threatens that, in my taxes. The fact is, for many segments lion—more than half of it—is from So- judgment. I am also worried about of our society, income taxes, combined cial Security. I think both sides have those who have massive new spending with payroll taxes, have gone down. agreed that we are not going to raid ideas because this fiscal responsibility, That is because of the expansion of the Social Security—at least we agreed this course that we have embarked on earned-income tax, and that is because rhetorically we are not going to raid to get our fiscal house in order, can be of the child credit. In fact, if you com- Social Security. Another almost $400 threatened in several different ways. pare the tax burden for working fami- billion is Medicare. So you add those One way is this Bush plan which, to lies—according to the Tax Foundation, two together, and that is $2.8 trillion of me, is a financial disaster for the coun- this is for a family earning $68,000 in the $4.6 trillion, Medicare and Social try if we ever adopt it. I hope very 1999—from 1975—this is both income Security, and that leaves about $1.8 much that we do not. That would put taxes and payroll taxes—their tax bur- trillion of non-Social Security, non- us right back in the deficit ditch. But den declined from 10.4 percent to 8.9 Medicare surplus. another way to threaten it is out-of- percent. When I look at the budget plan of control spending. When you don’t have That is not KENT CONRAD’s numbers; Governor Bush, it doesn’t add up. It a budget process that has any dis- those are the numbers from the Tax just doesn’t add up. This is what con- cipline to it, doesn’t have any reality Foundation. cerns me about derailing the progress to it, you allow this kind of spending The Washington Post, in that same we have made and going back into the frenzy that is now going on in the com- story, pointed out: deficit ditch. Let me go through the mittees to emerge. There is no ac- For all but the wealthiest Americans, the math. I don’t think it can be chal- countability, no plan, and there is fun- Federal income tax burden has shrunk to the lowest level in 4 decades, according to a se- lenged. damentally no discipline. ries of studies by liberal and conservative We have the projected surplus of $4.6 I hope some colleagues are listening. tax experts, the Clinton administration, and trillion. The Social Security surplus is We did a little calculation about what two arms of the Republican controlled Con- $2.4 trillion. The Medicare surplus is is out there going through the commit- gress. $400 billion. That leaves a remaining tees.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9425 The $60 billion 1-year effect they are you look at his plan and the additional count for about $2.4 trillion of the projected talking about in the Washington Post tax cuts and the interest lost as a re- surplus. That leaves roughly $2.2 trillion. is dwarfed by the 10-year effect because sult of those tax cuts, you can see not Of course, they have not subtracted we are talking about a 10-year effect of only that he is using up the entire non- out the Medicare money. They go on to $450 billion by decisions that are being Social Security, non-Medicare surplus, say: ‘‘Mr. Bush has a larger problem. made in some closed room somewhere he is using up almost entirely the sur- His proposals most likely wouldn’t fit where one-half of Congress is being ex- plus not counting Social Security. even under CBO’s $2.2 trillion surplus’’ cluded. That is not the way to do busi- That is not a balanced plan. That is a of non-Social Security money. ness. plan that has enormous risk to it. They are right. It doesn’t fit within I hope very much that people on both On top of that, his tax cuts aren’t the funds. That leaves an enormous sides who do not want to see us return fair. He gives 53 percent of the benefit vulnerability. I hope before we leave to the bad old days of deficits and debt to the top 35 percent of the American that all of us will think very seriously will get together in these final hours people. That is the analysis by the Citi- about what the priorities are. and agree that there has to be a better zens for Tax Justice. The lowest 60 per- When I compare GORE and Bush on way of doing our business. I know it is cent of the income earners in America the question of budgets, GORE is pro- not going to change this year, but I get 11 percent of the benefits. posing a plan that pays off public debt hope very much that next year we get Again, that is not just KENT CONRAD by 2012. He has $3 trillion of the surplus back to a budget process that has some talking; that is not just Citizens for dedicated to dumping the debt; George integrity to it and some discipline to it Tax Justice talking. Bush about half as much. because if we fail, I fear very much Senator JOHN MCCAIN in his cam- These are pretty straightforward facts. The fundamental question is, that we are going to go right back to paign pointed out that 38 percent of what is our priority? I believe the top the bad old days of deficits and debt. Governor Bush’s tax cut goes to the priority ought to be to dump this debt, That would be a profound mistake for wealthiest 1 percent. That is Senator to pay off this debt. In fact, the plan I the country. JOHN MCCAIN’s analysis of Governor As one considers how far we have George Bush’s tax plan. have offered would devote even more of come and the dramatic improvements What is the fairness in that? Thirty- the projected surplus that Mr. GORE that we have made, they weren’t easy. eight percent of the benefit goes to the does to eliminating debt. Every economist who has come be- I know about the votes in 1993 to put in wealthiest 1 percent? The Governor is fond of saying that fore the Budget Committee and the Fi- place a 5-year budget plan to get our the surpluses are not the Government’s nance Committee has said the highest fiscal house back in order. People lost money; it is the people’s money. He has and best use of these projected sur- their political careers as a result. That that exactly right. This money is the pluses is to eliminate the national debt is not the biggest sacrifice to make. I people’s money. Absolutely. The ques- and do it now while we have a window know that. But the fact is, it was hard. tion is, what should be done with the of opportunity before the baby boomers It passed by a single vote in this Cham- people’s money? His idea is to give 38 start to retire. I believe that. I agree ber. It passed by a single vote over in percent of that to the wealthiest 1 per- with that. the House. cent. What kind of a plan is that? I hope we establish budget plans that We have had such incredible pros- Wouldn’t it be better to take the peo- have that fundamental principle and perity in part because of the result of ple’s money and pay off the people’s put that priority where it should be— those decisions that created the frame- debt? on eliminating this debt while we can, work so that the American people’s That is what I believe ought to be the because when the baby boomers start hard work, ingenuity, and creativity top priority. Let’s dump this debt. to retire, the numbers are going to could lead this economic resurgence. Let’s get rid of it once and for all, espe- turn against us in a very, very aggres- But we see other people who are hard- cially before the baby boomers start to sive way. This is our opportunity. I working and creative living in a failed retire. We have a window of oppor- hope we take it. system. We see it in Russia. We see it tunity that is going to last about an- I thank the Chair. I yield the floor. in other parts of the world. The fact is other 12 years. This is the time to The PRESIDING OFFICER (Mr. that we have a system that works be- dump the debt. VOINOVICH). The Senator from North cause the monetary and fiscal policy of I offered a budget plan to my col- Dakota. the United States over the last 8 years leagues that would use 72 percent of Mr. DORGAN. Mr. President, I have has been a good one, has been a sound these surpluses for debt elimination, 12 been listening to the discussion today one, and has been an effective one. But percent for tax relief, 12 percent for on the floor of the Senate about proc- it can all be lost. It can be jeopardized. high priority domestic needs such as ess and procedure and where we find We can go right back very easily to defense and education and health care. ourselves near the end of this session. I deficits and debt. All we have to do is That, to me, is a set of priorities for will speak to the comments made ear- pass massive tax cuts that do not add the American people. This plan of Gov- lier today by my colleague from West up and pass massive new spending ernor Bush does not add up. Virginia, Senator BYRD, and perhaps plans in concert with those tax cuts, JOHN MCCAIN said it well in his cam- speak a bit about the comments made and we will be right back to deficits, paign. He said: ‘‘More importantly, by my colleague, Senator CONRAD, es- debt, and ultimate economic decline. there is a fundamental difference pecially about fiscal policy. This is a matter of choices. It is a here,’’ talking about the difference be- First, let me talk about process. As I matter of choices for those of us who tween himself and George Bush. ‘‘I be- do so, let me acknowledge that it can- serve in Congress. It is a matter of lieve we must save Social Security. We not be an easy job to try to schedule choices for the American people as must pay down the debt. We have to and arrange and deal with the House they go to the polls. I trust the wisdom make an investment in Medicare. For and the Senate, and pass all the legis- of the American people. I trust the wis- us to put all of the surplus into tax lation, authorization and appropria- dom of my colleagues in Congress. I cuts I think is not a conservative ef- tions bills, that are necessary. A lot of think when people have both sides of fort. I think it is a mistake.’’ people over many years have had the the story, they make pretty good judg- That was JOHN MCCAIN. JOHN MCCAIN responsibility of doing that and many ments. Part of our responsibility is to had it right. There is nothing conserv- people aspire to that responsibility. make certain that people get both sides ative about this plan that has been put One of the circumstances of control is of the story. forward by Mr. Bush. It is a radical that those who win the most seats in I think I have made the point that plan. the Senate and the House then become Governor Bush has most of his priority On the notion that the Bush budget chairmen and leaders, majority lead- placed on tax cuts. That really jeopard- doesn’t add up, again, it is not just my ers, chairmen of committees; and the izes the fiscal discipline that we have analysis. This appeared in the Wall responsibility of having those jobs, of achieved. As I look at what he has pro- Street Journal. course, means bearing the burden of posed, and the $2.2 trillion, which is the Both candidates agree they could afford to having to schedule and trying to ar- surplus without Social Security, and set aside Social Security revenues which ac- range to make certain that Congress

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9426 CONGRESSIONAL RECORD — SENATE September 28, 2000 works the way it ought to work and have had no votes on Fridays in Sep- mocracy. That is the way democracy passes the legislation on time and in tember. It is difficult to get all of this works. regular order. work done, appropriations bills and An old friend of mine back home used It is not an easy job. My colleague, other measures that need to get passed, to love politics. He used to say: They Senator BYRD, who spoke earlier today, if we are not in session. don’t weigh votes; they count votes. served as a distinguished majority I mentioned before we have 2 appro- That is the way the Senate should leader in this Congress. He also served priations bills that are complete; 11 of work: Have the debate, have the vote, as chairman of the Appropriations them are, as of yet, incomplete. Octo- count it up, and the winner wins. That Committee. He has had the responsi- ber 1 is the date by which the President becomes the process of making public bility to try to find a way to get this is to have signed all of the appropria- policy. Senate to move and get it to move on tions bills. It is the first day of the new We have a long and distinguished his- time and discharge its duties on time. fiscal year. What we have is a cir- tory in this body. I have learned a lot Many others have done so, as well, in- cumstance where most of the work listening to Senator BYRD over the cluding the distinguished Senator, Mr. that needs to be done by that moment many years, talking about the history Mitchell, most recently, as well as Sen- is not completed. of the Senate. His history goes back to ator Dole, and so many others over I serve on the Appropriations Com- the Roman Senate and beyond. One many years, going back to Lyndon mittee. I serve with a very distin- cannot help but serve here and under- Johnson, and decades and decades be- guished chairman of that committee, stand there is a tradition, a tradition fore that. Senator STEVENS. I am not coming to that we must respect as we conduct our In this Congress, the 106th Congress, the floor to be critical of Senator STE- business on behalf of the American peo- things have changed some. What has VENS. I think he does an extraordinary ple. We are not here by ourselves. We changed, it seems to me, is we have job. I am serving on the agriculture ap- are not standing just in our shoes. We missed most of the deadlines. There propriations subcommittee. The chair- are here because our constituents have doesn’t seem to be a cogent plan by man of that subcommittee is Senator said: Represent us in this democracy; which we will meet the deadlines or COCHRAN from Mississippi. I am not go to the Senate and give it the best meet our responsibilities. I want to here to be critical of Senator COCHRAN. you have, adding your voice to the show some charts that describe what I think he is an extraordinary Senator. votes that come from the hills and val- has happened this year. The red on this I think it is a privilege to work with leys of this country, and participate in calendar shows the number of days the Senator STEVENS and Senator COCH- the making of public policy. Senate was not in session. As shown, a RAN. I think they do an extraordinary The process we are seeing now all too fair part of January, February, and job. They are Republicans; I am a Dem- often prevents that from happening. I March, a fair part of a number of ocrat. I think they are good Senators. am on a subcommittee of the Appro- I am not here to say they haven’t months of this year, were days in priations Committee that I am reading done their work. I am saying this proc- which we had no session in the Senate. about every day in the newspapers. I There is some reason for some of ess, the fashion in which the House and am a conferee, in fact. But there has that. We have work periods, when Sen- the Senate have worked this year, has been no conference. ators go back to their States and meet just not worked at all. It has become with their constituents. That is under- tangled in a morass of difficulty that Two days ago, I got a call from some- standable. That has always been the has prevented Members from doing body saying it is going to be brought to case. However, there needs to be some what we need to do. the floor of the House and the Senate balance with respect to the number of We have discovered someone put bills tomorrow. I said, ‘‘What is?’’ They days we are working here and the together that in some cases have not said, ‘‘A conference report.’’ I said, ‘‘I amount of time that is available to been considered by the Senate; in other am a conferee and there has not been a pass legislation that must be passed. cases they have not been the subject of conference. How can there be a con- This is the situation as we near the a conference, and marry up various ference report?’’ first of October: The Senate has been in pieces of legislation, bring them to the But that is what is happening around session only 115 days this year; only 115 floor and say: Well, let’s just have one here all too often. I think we need to days have we been in session. Of those vote on this omnibus bill that has two get back on track and decide there is a 115 days, 34 of those days included no or three different appropriations bills process we should respect, a process votes at all. In most cases, not much in it. that represents regular order and a was done, perhaps only morning busi- That might sound efficient if you process that protects the rights of all ness for most of the day. Of the 115 haven’t done your work and you reach Senators to participate in the making days in session, there were no votes on the end of the fiscal year, but effi- of public policy. 34 of those days. In fact, there were ciency is not what protecting the inter- What is the agenda here? Why are we only three Mondays during this entire ests of all Senators or the interests of so passionate about this, talking about year in which there were any votes. all Americans is about. The process by this process? Because the process al- For practical purposes, we don’t have a which we are able to debate public lows everyone in this Chamber to come Monday in the Senate. On the issue of issues in this Senate, and by which we here and witness for the public policy Fridays, there were only six Fridays in are able to get the best of what every- they want, to try to keep this country this year in which there were votes. one has to offer, the best of the ideas, ahead. What can be concluded from this is and the competition from debate, is a Let me go through a list of them we have a Senate that really isn’t in process in which we bring a piece of briefly. Some of my colleagues have session much on Mondays or Fridays. legislation to the floor, an appropria- done so. My colleague from North Da- Then the question is, what is left? tions bill to the floor, and say, all kota, Senator CONRAD, just talked Tuesdays, Wednesdays and Thursdays— right, you come from different areas of about fiscal policy. The process, if fol- except for weeks when the Senate isn’t the country; you come with different lowed the way tradition would have us in session at all. That is what results philosophies; you come representing follow it, would allow us, in a year in 115 days in session, 34 of which there different constituencies; now have at such as this, to grab ahold of this fiscal weren’t any votes. this. policy issue and evaluate what do we Now we come to the end of this fiscal This is what we have tried to do in do. This is a new time. We now have ex- year with a lot of legislation yet to be the committee. If Members have better pected surpluses in our future. What a completed. Only 2 of the 13 appropria- ideas, let’s hear them. If Members have remarkable change from the under- tions bills have been signed by Presi- the votes to convince the majority of standing that every year we were going dent Clinton. That means 11 of them the Senate to support their idea, let’s to have a deficit and it was going to are as of yet incomplete. In September, see. Just bring these ideas to the floor continue to grow, to mushroom out of we have only had votes on one Monday. of the Senate. Have votes on them. In control. All of a sudden that is gone. This is the period of time in which we that manner, we develop public policy. We have a new reality. We have fiscal are trying to finish everything. We Wide open debate is the essence of de- policy surpluses.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9427 I have told audiences from time to get to that and have the votes on it and itol, saying: Do you know what my time the two enduring truths about po- have an expression of what we want to business is on Thursday here in the litical existence in the last 40 years or do, what the American people want to U.S. Capitol? I am here on behalf of the so in our public lives, the two enduring do, is have all the ideas here and vote low-income folks. I am here on behalf truths that overshadowed or at least on them. That is awfully inconvenient of the voiceless, those not too involved represented a foundation for all of the for some because we have to cast all in politics because they are struggling decisions were: No. 1, we had a cold war these votes and some people want to just to work, to make the minimum with the Soviet Union, and, No. 2, we just vote on the things they want and wage, trying to get home and feed their had budget deficits that just kept prevent the things other people want. kids. The hallways are not flooded with growing. Those were the two enduring It is inconvenient. That is democracy. people representing those folks. These truths that had an impact on every- Sure, it is inconvenient to give the hallways are crowded with people rep- thing else we did. other person their opportunity to bring resenting the privileged, people rep- Think of this: Those two truths are their ideas to the floor of the Senate, resenting the largest corporations in now gone. There is no Soviet Union. but that is democracy. Democracy is America, people representing those The cold war is over. And there is no not always convenient. It is not always who have done very well in this coun- budget deficit. What a remarkable efficient. It is so far above any other try, at the upper income scales. They change in a short period. form of government known to mankind have great representation. So my colleague came to the floor a we can hardly describe the difference, Good for them. Everybody deserves few moments ago and talked about fis- but it may be inconvenient. that in a democracy. But my point is, cal policy given these new truths, the The issue that has been raised today when it comes time to debate public fact we may have budget surpluses in about process is to say that inconven- policy on a range of issues and it comes the years ahead. The question then is, ience is actually designed into this sys- time to discuss the minimum wage, What do we do with them? So we need tem, to make sure we do not move rap- who stands for those families? The peo- to have a debate about that. Some idly, we do not move with haste, to en- ple who work the night shift, the peo- come to the floor of the Senate and sure we do not move riding on a wave ple who work the night shift in the of passion that will require us or per- say: We know what to do with expected hospital for minimum wages, who are suade us to do things we will later re- surpluses. Even before the surpluses moving the bed pans around and chang- gret. That is the way the Senate was exist, let’s get rid of these surpluses by ing the beds and helping people up and developed. Nobody ever suggested the providing very large tax cuts and let’s out and walking around—who is here way the Senate was going to react to make sure the largest tax cuts go to speaking for them? The people who are things, or the way the Senate was working in the convenience stores at 2 those who have the largest incomes in going to discuss public policy, was a.m. for a minimum wage, who are try- this country. So they come to the floor going to be efficient. In fact, those ing to raise a family and do not have with $1 trillion, or $1.3 trillion, in tax framers, Madison, Mason, Franklin, the skills to get a better job and are cuts over the next 10 years. This is be- and so many others—Thomas Jeffer- trapped in one of these cycles of pov- fore we even have the surpluses. Econo- son, who contributed from abroad when erty—who is here speaking for them? mists who can’t remember their home he was serving this country—did not The hallways are not crowded, in this telephone numbers tell us they know want a system that created a Senate Capitol Building, with people paid to what is going to happen 3, 5, 7 and 10 that was efficient so, in an afternoon, represent those at the bottom of the years from now. you could grab a big public policy and economic ladder. I think from time to I come down on the side on which my decide you would each get 10 minutes, time it is important, even if rebuffed colleague comes down; that is, we have a little vote on a couple of amend- once, twice, or six times in a year, to ought to be mighty conservative and ments, and that was it because we say increasing the minimum wage for cautious about this. For the first step, needed it to be convenient for us. those who are struggling at the bottom maybe we ought to pay down some of No, they created a far different sys- of the economic ladder is important; if the Federal debt. If you run up the debt tem. This body has been known from we do not get it the first time, we have during tough times, what greater gift time to time as the body in which the a vote the second time; if we don’t get could you give to America’s children great debates of democracy take place. it the second time, we have a vote the than to reduce the Federal debt during But I fear that is changing because third time. good times? That is step No. 1. some, I think, do not understand the Yes, that is inconvenient, too, but it Step No. 2, sure, if there is room, value of debate. Debate is never a seems to me the rules of this system let’s provide some tax cuts in a way waste of time. Debate is always a con- also allow for those who are passion- that invests in opportunities for Amer- tributor to knowledge. Debate, from ately interested in pushing for those ica’s families, working families. Would the best to the least of those who come who do not have much voice in this po- it not be a nice thing for those people to public service, contributes in some litical system. who are reaching up and struggling to way to the whole of democracy. Patients’ Bill of Rights is another afford to be able to send their kids to I have been to the floor of the Senate issue that gets caught in this process. college to say: The cost of sending your many times talking about another Speaking of process, the Patients’ Bill kids to college you can deduct on your issue on the agenda. I just talked about of Rights is the most remarkable piece income tax; you can deduct the cost of fiscal policy. There are other things I of legislation. If I can for a moment de- tuition. What a good investment that want to get done. One area where my scribe the Patients’ Bill of Rights as an would be, and what a nice way to have colleague and I may disagree from time issue and describe it through the expe- a tax cut in a way that incentivizes to time—some say you should not be riences of people who have been families to send their child to school: repetitious in trying to push your gripped in the vice of a system that Reduce the debt, provide some tax cuts agenda. In some cases I think repeti- does not work for them, a woman who in ways that say to working families, tion is necessary. For example, min- is hiking in the Shenandoah Mountains we are going to try to help you. imum wage. We have a lot of families falls off a 40- or 50-foot cliff, breaks Then make some other investments. out there who are working at the bot- multiple bones, and falls into a coma. It is not a circumstance that every- tom of the economic ladder. In fact, a She is taken to a hospital in an ambu- thing that goes out of here is spent. report came out 2 days ago that said lance, lying on a gurney in a coma with Some of it is invested. Our future, 10 we have 3 million people working 40 very severe injuries. She miraculously years, 20, 40, 60 years from now, is hours a week who are living in poverty recovers, only to find that her HMO going to depend on what we invest in in this country. There are 3 million and managed care organization sends that future today. I mentioned edu- workers working 40 hours a week, full her a bill saying: We are not going to cation, but there are more issues than time, living in poverty. Do you know cover your emergency room treatment just education. why? Because they are working right because you did not get prior approval The question of fiscal policy—what at the bottom of the economic ladder. for emergency room treatment. do we do, and how do we do it—is a Who is out there in the hallways, This is a woman hauled into the very important question. The way we clogging the hallways of the U.S. Cap- emergency room in a coma suffering

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9428 CONGRESSIONAL RECORD — SENATE September 28, 2000 serious injuries from a massive fall and ber of Congress, Dr. GANSKE—do not walk into. It is a public school. Part of told: You did not get prior approval for take it from me; take it from them— it is 90 years old; part of it is con- emergency room treatment. said the Senate took a pass on this demned. It has one water fountain and Or little Ethan Bedrick; Ethan issue. They passed an empty vessel. two toilets in this little school. They Bedrick is a young boy. This is a pic- What the Senate did is a step back- cannot connect to the Internet. They ture of young Ethan. He was told he ward, not forwards. do not have good recreational facili- had a 50-percent chance of walking by Should we have the opportunity in ties, and little Rosy Two Bears looks age 5. He was born with pretty severe this process in the Senate to have an- up at me and says: Mr. Senator, will disabilities from cerebral palsy. He had other vote on this? Things have you build us a new school? a 50-percent chance of walking by age changed. The last time we voted on I cannot do that because I do not 5. He needed rehabilitative therapy, this, we came up one vote short. This have the money, but this Senate can. and his managed care organization said time, it will be a tie vote, based on This Senate can say to Rosy and all the having a 50-percent chance of walking what we know to have happened in the others who are walking through a by age 5 is ‘‘insignificant’’ and, there- interim. With a tie vote, the Vice classroom door in this country: We fore, we deny coverage for the therapy. President will cast a vote to break the want you to walk through a door of Think of that. It is insignificant for a tie, and this Senate will send to con- which you are proud. It does not mat- young boy to have a 50-percent chance ference a Patients’ Bill of Rights that ter where you are, who you are, if you of being able to walk and, therefore, is a real Patients’ Bill of Rights. are a first grader, a third grader, or a the managed care organization says: It says you have a right to know all twelfth grader. We want that school- We deny coverage. of your medical treatment options, not room to be a schoolroom of which you Is there a Patients’ Bill of Rights just the cheapest. You have a right to are proud; we want you to be the best that ought to provide rights to Ethan emergency room care. You have a you can be. We want every young child Bedrick, provide rights to the woman right, if you are being treated for to rise to the level of their God-given who falls off a cliff and is hauled into breast cancer, to take your oncologist talents in every corner of America. a hospital unconscious? Or, if I may with you. If your spouse’s employer That ought to persuade us that the take one more moment to describe the changes health care providers, you can process by which we consider legisla- woman who testified at a hearing Sen- continue with that same cancer spe- tion in this Congress gives us full op- ator HARRY REID and I had in the State cialist who has been working with you portunity to take a look at that fiscal of Nevada, a mother who stood up and 5 or 7 years. You have that right. policy and say: If we are collecting told us that her son was dead, 16 years Should we be able to have another more than we need, we can give a little old; he had leukemia. vote on that in the next day or 2 days back, pay down the debt, and let’s also, At the moment when he needed the or 2 weeks? The answer is yes, abso- in addition to giving a little back and treatment that would give him a lutely yes, because it is important to paying down the debt, invest in better chance to survive this leukemia, the young Ethan, it is important to the schools for our kids. Let’s take the HMO said no. Only later—much later— memory of Chris, and it is important best ideas everybody has in this Cham- did they finally say yes, and it was too to all the others out there who are ber and have a good debate about that. late; he was too weak. She held up his being told: You fight your disease and, That is part of the passion with colored picture at this hearing and, by the way, fight your insurance com- which most of us came to this body. We through tears, she told us about her pany as well because some of these came here to get things done, and we son. Her son, Chris Roe, died October managed care organizations are much are so frustrated by a process that 12, 1999, on his 16th birthday. I will more interested in profit than in your seems to say: If it is our idea, we are never forget the moment when his health. going to vote on it. If it is your idea, mother, Susan, held up a picture and I hasten to say, not all. There are somehow we are going to put it in a said: My son looked up at me from his some terrific insurance companies and box someplace. bed and said: Mom, how can they do some terrific HMOs, and they do a The PRESIDING OFFICER. The Sen- this to a kid like me? great job, but there are some around ator has spoken for 30 minutes. He was denied the treatment that this country that are doing to patients Mr. DORGAN. Mr. President, I ask would have given him the oppor- what I just described, saying to people for 30 additional seconds. tunity—not a guarantee, but the oppor- like young Ethan that the potential to Mr. BYRD. Mr. President, I have 38 tunity—to deal with his cancer, and he walk is insignificant at 50 percent. We minutes, do I not, remaining? died. should change that. The PRESIDING OFFICER. The Sen- This young boy was told to fight his Do I have passion for these issues? ator has that much time and more. cancer and then fight his insurance You are darn right. I was elected to the Mr. BYRD. I thank the Chair. company at the same time; take on Senate and I came here because I want- I yield—how many minutes does the both folks: You go ahead wage this ed to do good things for this country. I Senator wish? cancer fight, but then you are going to want this country to be a better place Mr. DORGAN. Just 2 is fine. have to fight us to get coverage for the in which to live, whether it is health Mr. BYRD. The Senator asked for 2 things you need that might give you a care, a Patients’ Bill of Rights, adding minutes. I will give him 4. chance at life. a prescription drug benefit to the Medi- Mr. President, let me say to the Sen- The question is: Mom, how can they care program, eliminating the barriers ator, the Patients’ Bill of Rights, abso- do this to a 16-year-old kid like me? that prohibit the reimportation of pre- lutely, if there is an opportunity to And his mother, through tears, held up scription drugs from other countries so pass that, if it takes twice, if it takes this colored picture of this young, 16- our people can access less expensive three times, if it takes six times, fine, year-old boy and asked: How could prescription drugs, or gripping the edu- I am for it. they have done this? cation issues in this country the way Minimum wage: I am one who used to Should Congress pass a Patients’ Bill we know we should—reducing class work at less—less—than the minimum of Rights? What about the process size, renovating and repairing crum- wage by far. If we pass it, yes. So we there? The House of Representatives bling schools. are not in disagreement on that. passed a bipartisan Patients’ Bill of I came here because I wanted to do I think the Senator referenced, a lit- Rights, a real one, and sent it to con- these things. I do not want people to tle earlier, two times when I have felt ference. This Senate has a right to do prevent us from having the votes on that we are calling up an amendment this. They passed what I call a ‘‘pa- them. I have spoken so often about just as a political amendment and tients’ bill of goods,’’ an empty vessel, going into the school with Rosy Two doing it over and over and over again. and sent it to conference so the Senate Bears, a little third grader, that I know That is different from what he is could say: We passed a Patients’ Bill of people are just flat tired of it, but I speaking of. I am not for that. I am not Rights. But we did not. could care less. for taking the time on an amendment A Republican Member of Congress, She walks into a school classroom which has no opportunity, no future, Dr. NORWOOD, and a Republican Mem- that none of us would want our kids to no possibility of passing.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9429 But in these cases, it is obvious. And colleagues do, an agenda of passion to ‘‘do-nothing’’ Congress that President the way he has described these has pro- make changes that I think will im- Truman campaigned against. As my duced such a vivid picture of need that prove this country. I might be wrong in colleague from North Dakota alluded I am very supportive of trying again. some of it. Maybe so. But I want my to, during the entire course of this There are reasons why one might try day. If I can persuade enough Members year, we have been in session and have again and win. And the Senator has of this Senate to vote on the things I had votes in all of 3 weeks out of the just stated it with reference to the Pa- care about, then if I win, I win. If I year. How many of our constituents tients’ Bill of Rights. don’t, maybe I learned something from can imagine employment or service of So I congratulate this Senator, who the debate. I am willing to lose. But I any kind that would involve 3 full does so much for the Senate, who has am not willing to lose the opportunity weeks out of the year? Of those 115 so much to offer, who has such great to have a full debate and a vote on the days we have been in session, roughly talents, and who does not hide those things that I and the constituents I 30 percent of them have involved no talents in a napkin but produces five- represent in North Dakota care deeply votes whatever. No progress has been fold or tenfold. I congratulate him and about. That is the point. I am not will- made relative to the completion of the salute him. I thank him for what he ing to lose that opportunity. The proc- people’s agenda. has said on the Senate floor today. ess in this Senate increasingly begins Now we find, I think most profoundly So I have yielded him 4 minutes. And to shut those opportunities down. objectionable of all, an appropriations I have taken how much? The Senator from West Virginia process where appropriations bills The PRESIDING OFFICER. Two and came the Senate to say, let’s not do which deal with the Federal budget a half minutes. that. Let’s not do it for Republicans or Mr. BYRD. I yield the Senator 4 min- but, more importantly, deal with where Democrats. Let’s not do it out of con- utes still. That still leaves me, I under- our priorities are as a people—whether cern for this Senate, its proud history stand, 30 minutes or more. we are going to invest more money in The PRESIDING OFFICER. The Sen- and its future. Let’s not do that. Let’s education, in health care, in Medicare, ator is correct. get back to the way we are supposed to in the environment, in our national de- Mr. BYRD. I thank the Chair. debate public policy in this Chamber. fense, towards debt reduction—these Mr. DORGAN. Mr. President, the I commend the Senator from West are all the issues that need to be re- Senator from West Virginia is very Virginia and my colleague, the Senator solved in the context of the appropria- generous. Let me conclude by saying from Nevada, and others, who have spo- tions debate. Yet we find now that something I think is important. I came ken today. I hope we can all work to- these bills move in an unprecedented to the floor because the Senator from gether and get the best of what each fashion from an appropriations com- West Virginia is someone for whom I can bring to this Chamber in the de- mittee directly to conference, with no have great respect. He was talking bate about public policy. consideration on the Senate floor about the process, the method by Mr. President, I yield the floor. whatever. which the Senate is supposed to work. Mr. REID addressed the Chair. It has never been done this way, this He has been here much longer than I The PRESIDING OFFICER. The Sen- kind of legislative bypass of the legis- have. He knows the history of the Sen- ator from Nevada. lative process, in the Senate. ate far better than I do. I have great Mr. REID. Mr. President, in the unanimous consent agreement that is Fully half of the Senators in this respect for that. body, 25 States, have no representation He did not come to the floor—I lis- now before the body, Senator JOHNSON is to be recognized for 10 minutes, then on the Appropriations Committee. Cer- tened carefully to his discussion this tainly that is the case for my home morning—and I did not come to the Senator DURBIN for 30 minutes. I ask unanimous consent that following State of South Dakota. Those States floor to be critical of others. It is a have no input, no opportunity to speak tough job running this Senate. I cer- that, Senator CLELAND be recognized for up to 15 minutes. for their constituents about the nature tainly did not come to the floor to say of these appropriations bills and the that the distinguished chairman of the The PRESIDING OFFICER. Without kind of priority they apply to our Na- Appropriations Committee has not objection, it is so ordered. tion’s needs. These bills then go to con- done his job. I happen to think Senator The Senator from South Dakota. ference. What is worse, all too often STEVENS is an outstanding Senator, Mr. JOHNSON. Mr. President, I then the conference committees in Senator COCHRAN, and so many others thank the Senator from Nevada. I must turn have not met, but only the major- with whom I have served. So I do not say, I commend my colleague from ity party members agree then to send come here with the purpose of casting West Virginia, Senator BYRD, for his the bill back to the floor in a con- aspersions. suggestion that some of us come to the But I just come to the floor because floor today to talk a little bit about ference report, which is unamendable. I fear that what is preventing us from the process. So we have not even the distilling of getting to where I want the Senate to Some people would say it is a proce- thought through the conference com- get to, and that is to have a full de- dural issue. It is far more profound mittee process. bate, and good, strong open votes on than simply a procedural issue in the This is a terrible process, one that the issues I care passionately about. context of the way we have handled brings a significantly demeaning qual- We are thwarted from doing that. In legislation on the Senate floor this ity to the thoughtfulness that ought to fact, we have had bills brought to the year. The process that has been applied be going into these fundamental ques- floor of the Senate and had cloture mo- not only does, I believe, great damage tions. tions to shut off debate before the de- to this institution, but, in the end, it Eight years after President Clinton bate began, cloture motions to shut off has great consequence to the substance was elected to office, having inherited amendments before the first amend- of our legislative priorities and cer- $300 billion a year in red ink, we find ment was offered. That thwarts this tainly of the budget for our Nation. ourselves now running budget sur- process. Back home they would say Two out of the 13 appropriations bills pluses. In fact, the White House and that is throwing a wrench in the crank that are required to run the Federal the congressional budget experts case. That just shuts it all down. It is Government have been passed. Eleven project budget surpluses in excess of $4 not the way it ought to work. remain incomplete. October 1 is the be- trillion over the coming 10 years. We I think it is a privilege every day to ginning of the Federal fiscal year, and ought to be cautious about those pro- come to work here. I grew up in a town yet we have made little progress on the jections. They are only projections. of 300 people, had a high school class of Federal budget. We have a CR, con- Most of the money would materialize 9, and never in my life thought I would tinuing resolution, that will take us to only in the outer years. Even so, that meet another Senator, I suppose, let October 6. But, clearly, we are in a is a remarkable turnaround. It creates alone serve in the Senate. I think it is state of chaos right now relative to the for us a once-in-a-lifetime, a once-in- a privilege every day to come here. completion of our work in the Senate. multiple-generations opportunity to But the reason I think it is a privi- This year has been the shortest legis- focus on what kind of society America lege is because I bring, as most of my lative session in the Senate since the will be for years to come.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9430 CONGRESSIONAL RECORD — SENATE September 28, 2000 If we take the surplus and then set having this year. The issues before us portantly, responsibilities to the Amer- aside the trust fund dollars—Social Se- are too profound. They are too signifi- ican people. curity and the other trust funds as cant relative to whether we will at last Today Senator BYRD is causing us to well—it is projected that we will have use some resources to pay down the step back and reflect on what we are a budget surplus of around $1.2 trillion debt, keep the cost of money down, and now doing with respect to the appro- over the coming 10 years. Unfortu- sustain a strong economy, while at the priations process. It brings back a com- nately, our colleagues in the House and same time reserving some financial re- ment I like from Winston Churchill: the Senate, over my objections and sources to rebuild schools, to do what How do you know where you are going over the objections of Senator DASCHLE we need to do to live up to our commit- unless you know where you have been? and most Members on our side, have ments to veterans, to have a strong na- Senator BYRD reminds us where we passed tax cuts that would cost $1.7 tional security, to improve our envi- have been in the appropriations proc- trillion over 10 years, when we have ronment, to strengthen Medicare, and ess, our history, our tradition, and the only $1.2 trillion to spend before we to do something about prescription rules of the Senate. He is very fearful even get to issues about whether we drugs. These are the issues we are of where we are going in that process, are going to do anything to improve being denied an opportunity to debate, and so am I. the quality of education, Medicare, to vote on, and to arrive at the kind of As a Senator now for 31⁄2 years, I am health care, debt reduction, veterans political compromises necessary for all certainly not nearly as well versed as programs, agriculture, the environ- of our needs and all of our priorities Senator BYRD in the history or the ment, and whatever other needs our and all of our points of view to be truly precedents of the Senate. I would like Nation might have. represented in this country. Hopefully, to add that I believe all other Senators, Wisely, the President has vetoed the these are lessons that are painfully of whatever level of experience and of two most expensive tax bills. We can learned, lessons that will never have to both parties, acknowledge his leader- bring them up again in a bipartisan ship in this respect. Nonetheless, from fashion and in a more thoughtful man- be repeated in future years. This is a sad day to look back at the what I have read and heard in this de- ner. We can address those issues as well bate, in the first budget and appropria- as questions of paying down the debt, lack of progress that has been made in tions cycle of the 21st century, the questions of education and health care, this 2nd session of the 106th Congress. Senate has moved in a new and deeply rebuilding our schools, technology that This Senate has been denied its ability troubling direction. we need, and the strength of our na- to truly do its work. The people of America, not the Senators, are the I am certainly aware that on occa- tional defense. sion the Senate has been compelled by We cannot bring these issues up and great losers by the process that has necessity to resort to bypassing the consider them in a thoughtful, delib- been applied to the appropriations regular process of committee action for erative fashion if these issues bypass process and the legislative process in the Senate floor. That is what the general this year. consideration and amendment, con- process now entails. This a perversion I will do all I can to work in a bipar- ference action, and then final approval, of our democracy. This is not what the tisan fashion to never allow this kind final passage, of individual authoriza- founders of our Republic designed. It of process to occur again. The people of tion and appropriations measures. Indeed, I voted for the massive omni- does grave injustice not only to this in- our Nation deserve far better. If we are stitution but to the needs of every cit- going to play the leading role in the bus measure with which we concluded izen of this Nation. world, both economically and in terms the 1998 session. That single bill to- I applaud the work of Senator BYRD, of security, we need an institution that taled a whopping $487 billion and fund- who is an extraordinary scholar, who works better than that. ed 8 out of the 13 regular appropria- has a great understanding of the tradi- I yield the floor. tions bills. I think Senator BYRD him- tions of this body, and who understands Mr. REID. Mr. President, I have spo- self said on that occasion, ‘‘God only our democracy as well as anyone who ken to the Senator from Illinois and knows what’s in it.’’ Most of us didn’t. has served in this body. I appreciate his the Senator from Georgia. They both However, even on that occasion, the suggestion that we come to the floor agreed to limit their time by 5 min- Senate actually took up separately and and talk about how our democracy is utes. Senator CLELAND will take 10 passed 10 of the 13 bills and considered being demeaned by this process, that, minutes and Senator DURBIN 25 min- 1 other bill—namely, Interior appro- in fact, the kinds of thoughtful, delib- utes. I ask unanimous consent that the priations—while only 2 appropriations erative priority-making decisions all of present order be amended to that ef- measures, the Labor-HHS-Education our people ought to be engaged in are fect. bill and the relatively small District of being denied as these bills go directly The PRESIDING OFFICER. Without Columbia bill, were acted on in con- from the Budget and Appropriations objection, it is so ordered. ference without any previous Senate Committees, with no opportunity for The Senator from Illinois. floor action. amendment, no opportunity for discus- Mr. DURBIN. Mr. President, it is my By contrast, this year the number of sion, into conference committees, understanding that my friend and col- appropriations measures which are ap- which are then unamendable. We wind league from Georgia, Senator CLELAND, parently headed for conference action up with the chaos that we have today, has permission to speak for 10 minutes without affording the full Senate an with only 2 of the 13 appropriations under our agreement and that I have 25 opportunity to work its will has grown bills having been passed, as we near Oc- minutes. Since Senator CLELAND is now to three: Commerce-Justice-State, tober 1, the beginning of the Federal on the floor, I ask unanimous consent Treasury-Postal, and VA–HUD. Not fiscal year, and we find ourselves in a he be allowed to speak before me and only is this trend disturbing, but ap- state of legislative chaos as we end this that I follow him with my 25 minutes. parently a determination was made month of September. The PRESIDING OFFICER. Without fairly early on that these measures The people of this country deserve objection, it is so ordered. The Senator would somehow not require regular better. We need to work in a bipartisan from Georgia. floor consideration. fashion to bring these bills up in an or- Mr. CLELAND. Mr. President, I I have heard many theories as to why derly way and to allow amendments thank the distinguished Senator from this will be so, including fears of hard and debate, as was designed for this in- Illinois for yielding to me for the pur- votes, difficult votes, or of obstruc- stitution. To see that lost is something pose of discussing the ambiguous situa- tionist tactics. But I have yet to learn in which we can take no pride. It is a tion in which we find ourselves in of any real justification or defense of shameful circumstance in which we terms of the budget process and the ap- the notion that the Senate has discre- find ourselves in this body, that this propriations process. tion as to whether or not it will con- would ever have occurred in our democ- I thank the distinguished senior Sen- sider appropriations bills—the means racy. It has never happened before to ator from West Virginia, Mr. BYRD, for through which we are supposed to dis- this scope. his continuing efforts to remind Mem- charge perhaps the ultimate congres- It is my hope we learn some painful bers of this Chamber of our responsibil- sional authority under the Constitu- lessons from the experiences we are ities to this institution but, more im- tion, the power of the purse.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9431 If we in the Senate are not author- But when ‘‘business as usual’’ starts line, they don’t, in fact, do their busi- ized or able to have an impact on ap- becoming a process where the Senate ness and bring a bill out of the com- propriations bills, we have what the routinely doesn’t get to work its will, mittee to the floor for consideration. American Revolution ostensibly was something fundamental has been lost. When we are studying civics and po- all about: taxation without representa- Then, we had better worry not just litical science, one of the first books tion. about the interests and constituents of we run across is a pamphlet entitled I have the great privilege of rep- today, but the precedents and legacies ‘‘How Laws Are Made.’’ We teach our resenting the 7.5 million people in the we are leaving for future Senates and children and students across America, State of Georgia, the 10th most popu- future generations of Americans. and around the world, for that matter, lous State in America. Georgia hasn’t I yield the floor. that there is a process in the Congress. had a representative on the Senate Ap- The PRESIDING OFFICER. The Sen- The process involves committee con- propriations Committee since 1992. And ator from Illinois is recognized. sideration, floor consideration on both while the 28 members of that com- Mr. DURBIN. Mr. President, it is my sides of the Rotunda, and if there are mittee, representing 27 States, with understanding that under the agree- differences, a conference committee, Washington being fortunate to have 2 ment I have 25 minutes. which results in a compromise which is seats, do a good job of considering na- The PRESIDING OFFICER. That is sent to the President for signature. It tional needs and local interests, they correct. is very simple and American. cannot be expected to know the prior- Mr. DURBIN. Mr. President, I thank Unfortunately, it is also very unusual around this Congress, and now we ities and interests of the people of my colleague from Georgia, MAX are seeing more and more bills coming Georgia. CLELAND, my usual seatmate. I moved As the Senate was envisioned by the over here since he was speaking. I out of the committee, bypassing the founders and as it has operated thank him for his presentation. He is Senate Chamber, and heading straight throughout our history, the absence of one of the hardest working Members of to a conference committee, which State representation on the Appropria- the Senate. I echo his words. We both means that billions of dollars’ worth of tions Committee was not an insur- find ourselves, as do all Members of the spending is never subject to debate or amendment. That means that Senators mountable burden. Nonappropriators Senate, in a real predicament. We have who don’t serve on an appropriations could expect to have the opportunity only passed three of the appropria- subcommittee or the full Committee of to represent their constituents’ inter- tions. Two of the bills have been signed Appropriations never get a chance to ests when the 13 appropriations bills into law, and now we are going to send even speak on a bill, let alone change came to the Senate floor were open to three of the appropriation bills, as I understand it, into a conference com- it. debate and amendment. Indeed, in my The beauty of this institution, the mittee without any consideration on first 3 years in the Senate, I often had most important deliberative body in the floor of the Senate. recourse to offering floor amendments our Nation, is that we are supposed to This is not unprecedented. It has or entering into colloquies on behalf of represent the people and speak to the happened, but very rarely. What trou- Georgia—Georgia priorities and Geor- issues involved in the bills and then bles me is it is becoming a rather com- gia people. But with the apparent move come to some conclusion on their be- mon practice. When the President gives to routinely bypassing the floor, what half. That is what representative gov- a State of the Union Address at the be- am I or, more importantly, my con- ernment is about. It is what democracy ginning of the year, he spells out to stituents to do? is about. Yet we have been thwarted Congress his hopes for what we can In looking at the fiscal year 2001 time and time again. bills, which apparently will not come achieve. Many of these hopes are never This time around, we find that only to the Senate floor in amendable form, achieved. That is the plight of a Presi- 10 of the bills have seen floor action. the potential adverse impact on my dent—relying on a Congress which has The Commerce-Justice-State bill, the State is clear. For example, the Com- its own will and agenda. But the one Treasury bill, general government bill, merce bill funds key Georgia law en- thing the President is certain will be and the VA–HUD bill are all moving di- forcement efforts, including the Geor- achieved is that, at the end of the con- rectly from committee to conference. gia Crime Lab and technology enhance- gressional process, the spending bills If this process continues, we will see ment for local law enforcement agen- necessary to keep the Government in this year what we have seen in pre- cies, such as the Macon Police Depart- business will be passed—13 bills. vious years: a bill that comes at the ment. The Treasury bill contains the If Congress did nothing else, it would end of the session, called an omnibus budget for the Federal Law Enforce- have to pass the spending bills. Other- bill, that tries to capture all of the un- ment Training Center in Glynn Coun- wise, agencies of Government would finished business and a lot of other ty, GA. And the Veterans’ Administra- close down and important functions of items that are extraneous and put tion appropriations measure covers the Government would not be served. So them in one package. And then, as my national veterans cemetery for north the President, after giving all of his friend Senator BYRD from West Vir- Georgia that I got authorized last year. ideas in the State of the Union, steps ginia can attest, we are handed a bill For all of these and more, the Georgia back and watches Congress, which literally thousands of pages long and Senators will now apparently have no starts by the passage of a budget reso- told to read it, vote, and go home. A direct role. lution and considers 13 different bills, lot of us wonder if we are meeting our This is not the way it should be, funding all of the agencies of the Fed- constitutional responsibility in so under the Constitution, or the way we eral Government. doing. ought to act under the traditions of the Sadly, over the last several years we I asked the staff if they kept one of Senate. More and more of the most im- have seen this whole process disinte- those bills from previous years so I portant decisions affecting our con- grate to the point where, at the end of could show it during the course of this stituents and their communities are the session—and we are nearly there debate, but one wasn’t readily avail- being moved off the floor of the Senate now as we come to the floor today on able. These bills, as Senator BYRD can and into closed-door deliberations in- September 28; our new fiscal year be- tell you, are sometimes 2,000 pages volving a small number of negotiators gins October 1. Sadly, each and every long, and we are asked to look at them where the people of my State are left year we end the session without doing and evaluate them. That is hard to do out and where my only choice as their our work. We end up with all of these under the best of circumstances and representative is a single take-it-or- spending bills which involve literally impossible to achieve when we have leave-it vote on a massive and billions of dollars and many different very little time to do it. The best I unfathomable package. This is tax- functions of the Federal Government could find was the Yellow Pages of the ation without representation. that have never been worked through District of Columbia. It is not a good Mr. President, I understand that in the system. There are authorizing com- rendition because it is only 1,400 pages an election year—especially this one— mittees and appropriating committees, long. There is about another 600 pages it is always a challenge to have the and they have the right names on the we can expect to receive in the omni- Senate get its business done on time. door. But when it comes to the bottom bus bill handed to us at the end of the

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9432 CONGRESSIONAL RECORD — SENATE September 28, 2000 session. We will be told: ‘‘Take it or ing knowing that if they stayed home grams. They rely on us to come up with leave it. Don’t you want to go home and didn’t do their job they wouldn’t the appropriations for that purpose and and campaign?’’ get paid. If they didn’t get paid, they then find there is nothing in the appro- I think that is an abrogation of our couldn’t feed their families. We have to priations bill to meet those needs. constitutional responsibility. do our job. We have no less of a respon- Housing and urban development, an I believe that most of us—even those sibility as Senators to stay here and important appropriations bill that proof us on the Appropriations Com- work as long as it takes to accomplish vides housing for literally millions of mittee—believe we are duty bound to these things. families across America, is similarly come before this Senate to address the The interesting thing, as you reflect situated. We have ravaged the VA–HUD issues contained in these appropria- on this session of Congress, is how lit- bill this year in an effort to try to tions bills, to debate them, as we are tle time we have spent in Washington make up for all of the other spending elected to do, to reach an agreement, on the Senate floor doing the people’s shortfalls in the other bills. hopefully on a bipartisan basis, and business. This will be the shortest ses- Everything stacks up as we come pass the bill on to the House for its sion of Congress we have had since 1956. near the end of the year. Unlike many consideration and to a conference com- Out of 108 days of session so far, we previous years, we haven’t routed these mittee. have had 34 days without a vote. If we bills through the Senate floor. So we There was a mayor of New York City continue at the current pace, it will have never been able to debate what named Fiorello La Guardia—a famous take us nearly 2 full years to complete the level of spending on the Senate mayor—who, when there was a news- the remaining appropriations bills. floor should be for the Veterans’ Ad- paper strike in his town, went on the That is a sad commentary. ministration, for the Treasury Depart- radio and read the cartoons and the Most of us who are elected to serve ment, and for a lot of agencies such as comics to the kids so they wouldn’t come to work and try to do our best. the Department of Justice and the miss them. But he said what I think is But if you look at this past year, you State Department. That puts us at a appropriate here: There is no Demo- will find that we are only going to be disadvantage and creates the blockade cratic or Republican way of cleaning in session 2 days longer than a Con- that we find ourselves in today. the streets. gress which was dubbed the ‘‘Do-Noth- There are amendments as well in What he was saying, I believe, is that ing Congress’’ back in the late 1940s. I some of these bills that are extremely in many of the functions of govern- controversial because most of the au- think that is a sad commentary on our ment, we really do not need partisan- thorizing committees do not come up inability to face our responsibility. ship. In fact, there shouldn’t be par- Why do we find ourselves in this posi- with their authorizing bills. Many tisanship. tion? I think there are two major rea- Members of the Senate have said: I In this situation, Senator BYRD spoke sons. One is we are dealing with spend- have good legislation. I have a good eloquently today about the traditions ing caps. These are limitations on idea. I will put it on the spending bill. of the Senate—the idea of federalism, spending which have been enacted into I know they have to pass the spending and the respect for small States and bill ultimately, so we will do that. law which are there to make certain we large States alike. That introduces controversy in some don’t fall back into red ink and into The fact is that this Chamber, unlike of these spending bills, and as a result, deficits. These spending caps are the one across the Rotunda, in which I we find ourselves bypassing the Senate strings on the Federal Government’s was proud to serve for 14 years, gives floor in an effort to avoid a controver- spending in appropriations bills. Some every State an equal voice. But that is sial vote. a fiction if in fact the legislation never of them are reasonable and some of I am forever reminded of a quote comes to the floor so that Senators them are easy to live with. Some of from the late Congressman from Okla- from every State can use their voice them are very difficult to live with. homa, Mike Synar, who was chiding his and express their point of view. Those of us on appropriations commit- fellow Members of the House of Rep- That, sadly, is what has been hap- tees know that. As a member of the resentatives because they did not want pening time and time again. Their ap- Budget Committee, I can attest to it as to cast controversial votes. The late propriations work may be the most im- well. Congressman Mike Synar used to say, portant part of our responsibility in The budget resolution, the architec- ‘‘If you do not want to fight fires, do Congress. ture for all of our spending at the Fed- not be a firefighter.’’ If you do not A few years go when Congress eral level, was enacted by Congress— want to cast controversial votes, don’t reached a terrible impasse, we actually not by the President. He has no voice run for Congress. That is what this job closed down several agencies of Gov- in that process. It was enacted by Con- is all about. You cast your votes for ernment for an extended period of gress. We try to live within the spend- the people you represent with your time. There were some critics, radio ing caps. Then we start to try to put conscience, and you go home and ex- commentators and the like, who said: together appropriations bills and plain it. That is what democracies are Well, if they close down the Govern- quickly learn that in some areas there all about. ment, no one will ever notice. is just not enough money. Neither Many of these appropriations bills They were wrong because, frankly, party wants to be blamed for breaking have been kept away from the floor of our phones were ringing off the hook. I the spending caps early in the process. the Senate so Members of the Senate can recall people calling my offices We created unconscionable situations who are up for reelection don’t have to from Chicago and Springfield, IL, say- in previous years. One of the most im- cast controversial votes. That has a lot ing: How are we supposed to get our portant appropriations bills—the one to do with the mess we are in today. visas and passports to go overseas? for Labor, Health and Human Services Sadly, we have found that as to a lot How can we get these Federal agencies and Education—was literally ravaged of these amendments—some related to to respond? The Department of Agri- of its money. That money was taken gun safety, for example, and some re- culture was closed and the farmers and used in other appropriations bills. lated to the treatment of gunmakers needed to contact people about impor- It was saved for the very last thing to and how they can bid on contracts with tant decisions they had to make. In be done. Knowing of its popularity the Government—because they were in- fact, closing down the Government is across the country, many people on troduced in the appropriations bill, the noticed, and people should take notice Capitol Hill felt that if we were going bill was circumvented from the floor. not only because important respon- to bust the caps, we would do it for They never got to the floor for fear sibilities of government are not being education, health care, and labor. It Members would have to vote on them, met but because Congress has not met happened. and didn’t want to face the music with its responsibility to make certain that This year, as I understand, VA–HUD the people who don’t want gun control we pass the appropriations bills that is one of those bills. What is more im- and with the National Rifle Associa- lead to the continuation of government portant than our obligation to our vet- tion. They do not want to face reality. responsibilities. erans? Men and women who served this The reality is we have a responsibility The people across America who elect country with dignity and honor were to consider and vote on this important us get up and go to work every morn- promised health care and veterans’ pro- legislation.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9433 Some have said we don’t have time to across America, and certainly those I in America is held to; that is, if they do all of that. I have been here all represent in Illinois, talk to me about do something to hurt a person because week. I think we have been casting a their priorities and things they really of their negligence or intentional grand total of about one vote a day. I care about, it has little or nothing to wrongdoing, they should be held ac- think we are up to a little more than do with our agenda on the floor of the countable. That is part of our law, the that. Senate. They want to know what Con- ones that we support on this side of the There have been days in the House gress is going to do about health care. aisle. and Senate where we have cast dozens They have kids who don’t have health One can imagine that the health in- of votes. We can do that. We can limit insurance. They themselves may not surance companies hate that idea just debate, cast the votes, and get on with have health insurance. They wonder as the devil hates holy water. They our business. what we will do about a prescription don’t want to see that sort of thing This week we have been consumed drug benefit. We had a lot of speeches ever happen. So they have stopped us with the H–1B visa bill, a bill which on it. We just don’t seem to have from passing the bill. It is another would allow an increase in the number reached the point where we can pass a thing we have failed to do in this Con- of temporary visas so people with tech- bill into law. Sadly, that says this in- gress—a Patients’ Bill of Rights. nical skills can come into the United stitution is not producing as people ex- On prescription drug benefits, to States. We spent a whole week on it. pect Congress to produce. think that we would finally take Medi- We are going to go home in a few With a vote clock running on the care, created in 1965, and modernize it hours having achieved virtually noth- Senate floor and Members having to so that the elderly and disabled would ing this week, except for the passage of cast a vote at least once every 12 hours have access to affordable prescription this short-term spending bill that is while in session, maybe we will address drugs is not radical thinking. I daresay pending at the moment. We will delay these things. Maybe people won’t be so in every corner of my State, whether a for another week the business of the fearful of the prospect of actually cast- person is liberal, conservative, or inde- Senate. ing a vote on the floor of the Senate. pendent, they understand this one. One has to wonder what will happen Patients’ Bill of Rights is another ex- People, through no fault of their own, in the meantime. I think the President ample. People in my home State of Illi- find they need medications that they is right to insist that Congress stay nois and my hometown of Springfield cannot afford. So they make hard and do its job. Some people have said: come to me and tell me horror stories choices. Sometimes they don’t take the Why not leave the leaders of Congress about the insurance companies and the pill and sometimes they bust them in here in Washington and let the Mem- problems they are having with medical half, and sometimes they can afford bers go home and campaign? Let the care for their families; serious situa- them at a cost of the necessities of life. leaders haggle back and forth as to tions where doctors are prescribing cer- Shouldn’t we change that? Shouldn’t what the spending bills should contain. tain medications, surgeries, certain we come to an agreement to create a I oppose that. I oppose it because I be- hospitalizations, and there will be universal, voluntary, prescription drug lieve we all have a responsibility to some person working for an insurance plan under Medicare? But unless some- stay and meet our obligation to the company 100 miles away or more deny- thing revolutionary occurs in the next people of this country and to consider ing coverage, time and time again, say- few days, we are going to leave Wash- these spending bills. A few years ago, ing: You cannot expect to have that ington without even addressing the in major sports, there was a decision sort of treatment even if your doctor prescription drug issue under Medicare. made about the same time, in basket- wants it. Another question is a minimum wage ball. I can recall that in high school Many of us believe there should be a increase. It has been over 2 years now when your team would get ahead, you Patients’ Bill of Rights which defines we have held people at $5.15 an hour. would freeze the ball; you would try to the rights of all Americans and their Somewhere between 10 and 12 million run the clock. Players would dribble families when it comes to health insur- workers in America are stuck at $5.15 around and not get the ball in the ance. I believe and I bet most people an hour. In my home State of Illinois, hands of the opposition and hope the do, as well. Doctors and medical profes- over 400,000 people got up this morning clock ran out. That used to happen at sionals should make these judgments, and went to work for $5.15 an hour. all levels of basketball. Finally, people not people who are guided by some bot- Quickly calculate that in your mind, said, that is a waste of time. People tom line of profit and loss but people and ask yourself, could you survive on came to see folks playing basketball, who are guided by the bottom line of $11,000 or $12,000 a year? I know I not wasting time dribbling. So they helping people to maintain their couldn’t. I certainly couldn’t do it if I put shot clocks in and said after every health. were a single parent trying to raise a few seconds, if you don’t take a shot, We can’t pass a Patients’ Bill of child. And the substantial number of you lose the ball. Rights. The insurance companies, these minimum wage workers are in They did the same thing in football. which are making a lot of money today that predicament. They are women They said we will basically speed this off of these families, just don’t want who were once on welfare and now try- game up, too; we will make you play Congress to enact that law. So they ing to get back to work. They are the game rather than delay the game. have stopped us from passing meaning- stuck at $5.15 an hour. I think we ought to consider, I say to ful legislation. We used to increase that on a regular Senator BYRD, the possibility of a vote Another thing we want to do is if the basis. We said, of course, the cost of clock in the Senate that says maybe insurance company makes the wrong living went up; the minimum wage once every 12 hours while we are in ses- decision, and you are hurt by it, or ought to go up, too. Then it became sion the Senate is actually going to some member of your family dies as a partisan about 15 years ago, and ever cast a vote. I know that is radical result of it, you have a right to sue since we have had the fight, year in thinking, somewhat revolutionary. But them for their negligence. Every per- and year out. We may leave this year if we had a vote clock, we wouldn’t be son, every family, every business in without ever addressing an increase in dribbling away all of these opportuni- America is subject to a lawsuit, litiga- minimum wage for 12 million people ties to pass important spending bills. tion, being held accountable in court across America in these important We wouldn’t be running away from the for their negligence and wrongdoing— jobs—not just maintaining our res- agenda that most families think are except health insurance companies. We taurants and hotels but also maintain- important for them and the future of have decided health insurance compa- ing our day-care centers and our nurs- our country. nies, unlike any other business in ing homes. These important people who Look at all of the things we have America, will not be held accountable cannot afford the high-paid lobbyists failed to do this year. This is a Con- for their wrongdoing. that roam the Halls of Congress are gress of missed opportunities and un- With impunity, they make decisions going to find that this Congress was to- finished business. It is hard to believe denying coverage. I think that is tally unresponsive to their needs. we have been here for 115 days and have wrong. I think they should be held to Issues go on and on, things that this so little to show for it. When the people the same standard every other business Congress could have addressed and

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9434 CONGRESSIONAL RECORD — SENATE September 28, 2000 didn’t address. Sadly enough, we are ers to shoot from the floor. In the days who happen to live in those 23 States not only failing to address the impor- when I was in high school, players had will have no direct input regarding the tant issues, we are not doing our basic to shoot from the floor. They weren’t 7- decisions of the Senate committee that business. We are not passing the spend- feet tall. A 6 foot 2 center in my high directly controls the discretionary ing bills that we are supposed to pass. school was a tall boy. budget of the United States. The As Senator BYRD said earlier, we are But, anyhow, so much for basketball. countless decisions on funding and derelict in our responsibilities under The distinguished Senator has talked policies in those three bills will not the Constitution. We have failed to re- about how we have plenty of time to do have been presented on the Senate spond to the American people when our work. The first year I came to the floor in a form that allows the elected they have asked us to do our job and do House of Representatives, in 1953, we Senators from those 23 States to de- our duty. adjourned sine die on August 3; 2 years bate and amend those 3 appropriations I hope that before we leave in this later, we adjourned sine die on August bills; namely, the FY2001 Commerce/ session of Congress, we will resolve to 2; the next year, we adjourned sine die Justice/State, Treasury-Postal, and never find ourselves in this predica- on July 27. We did our work. We did not VA-HUD bills. ment again; that we are never going to have the breaks we have now. Easter? This is not the fault of the Appro- find ourselves having missed so many We might have been out Friday, Satur- priations Committee. I cannot and I opportunities that the people of this day, and Sunday. We didn’t have the will not blame Senator STEVENS, the country have to wonder why we have breaks then, but we passed the appro- very capable Chairman of the Appro- not accepted our responsibility in a priations bills. priations Committee, whom I know more forthcoming way. We didn’t do any short-circuiting, wants to shepherd each bill through his I don’t know if next year I will be and the Appropriations Committees of committee to the floor, and through making the proposal on the Senate both Houses acted on a much higher the conference committee process in floor. I have to talk to Senator BYRD. percentage of the total moneys that the appropriate manner. His efforts It is kind of a radical idea of installing were spent by the Federal Government. have been hamstrung because of a a vote clock that will run and force a I think there was a time when the Ap- budget process that sets an unrealisti- vote every 12 hours around here so we propriations Committees passed on 90 cally low level of funding, a level of can get something done. But it worked percent of the moneys that the Federal funding that could not possibly address for the National Football League. It Government spent. Today, we probably in any adequate way the demands worked for the National Basketball As- act on less than a third of the total placed upon it by the administration or sociation. moneys spent. So don’t tell me that we by the Senate, and because the Senate And Senator BYRD, I know you can’t can’t get this work done. We used to do has not taken up many important find it in that Constitution in your it. We can do it again. pieces of authorization and policy leg- Now while I am talking about the pocket, but maybe that is what it will islation this year. Senator from Illinois being a new take to finally get this Senate to get I have nothing but praise for Senator down to work on the business about Member—relatively new in this body— he comes well equipped to this body. I TED STEVENS. I have seen many chair- which people really care. men of the Appropriations Committee I yield the floor. have been calling attention to the fact of the Senate. I have been on that Sen- The PRESIDING OFFICER (Mr. L. that 59 percent—59 Senators—have ate Appropriations Committee 42 CHAFEE). Senator from West Virginia. come to the Senate since I walked years—longer, now, than any other Mr. BYRD. How much time remains? away from the majority leader’s job. I The PRESIDING OFFICER. The Sen- mentioned Lyndon Johnson as a major- Senator in history on that Appropria- ator has 39 minutes. ity leader; I mentioned Mike Mansfield tions Committee. I have seen many Mr. BYRD. Mr. President, let me as a majority leader; I mentioned ROB- chairmen. I have never seen one better comment on a couple of things that the ERT C. BYRD as a majority leader. I than Senator TED STEVENS. distinguished Senator from Illinois just should not overlook the stellar per- Additionally, cloture has been filed said. formances of Howard Baker, a Repub- too quickly on many bills, in order to The Senator from Illinois served in lican majority leader; or Robert Dole, a further limit amendment opportuni- the other body and he served on the Republican majority leader. We hewed ties. Appropriations bills have, as a re- Appropriations Committee. He comes the line when it came to the Senate sult, become an even stronger magnet to this body bringing great talent, one rules and precedents. They honored for controversial amendments than of the most talented Members that I those rules and precedents. We didn’t usual. That always complicates the have ever seen in this body. He brings have any shortcutting, any short- process. Further, the administration great talent to this chamber. He can circuiting of appropriations bills, like has not waited until the Senate has speak on any subject. He is similar to going direct to conference and avoiding finished its business before issuing Mr. DORGAN, and can speak on any sub- action on this floor. I want to mention veiled or blatant veto threats in an at- ject at the drop of a hat. He is very ar- those two Republican leaders because tempt to influence the appropriations ticulate, he is smart, and I am proud to they were also in my time. process. So, I am very sympathetic to have him as a fellow Member. Mr. President, 27 of the 50 States are the situation in which my good friend, Now, he mentioned a change that was especially fortunate this year. They Senator STEVENS, now finds himself. made in basketball. I wish that they have Senators on the Senate Appro- Whatever the reasons, however, these would make another change in basket- priations Committee. These lucky 27 23 have-not states will be deprived of ball. When I talk about ‘‘basketball’’ states, containing a total estimated their right to debate and amend these that is a subject concerning which I 147,644,636 individuals as of July 1999, bills through their elected Senators if know almost nothing. But I have account for over half of our population we wrap these remaining bills into watched a few basketball games. I can of 272,171,813. However, 23 of these House/Senate conference reports with- remember how they played them when United States—and I have them listed out first taking them up on the Senate I was in high school, which was a long on a chart here. I have them listed as floor. They will get only a yea or nay time ago. But it really irritates me to the 25 have-nots—23 of these States are vote on an entire appropriations con- see basketball players run down the in a different situation. They have no ference report. There will be no chance court with that ball and jump up and direct representation on the Senate to debate or amend the contents of hang on the hoop and just drop the ball Appropriations Committee. Due to the those bills. The 15 million people in through the basket. If I were 7 feet tall, rather unique situation in which we Florida—up or down votes, with no I could drop the ball through the bas- find ourselves this year, three appro- amendments. The 11 million people in ket, even at age 83. If I were that tall, priations bills—bills which fund rough- Ohio—up or down votes on conference and I did not have to shoot from the ly 100 agencies and departments of the reports, with no amendments. The floor to make that basket, I could do Federal Government—may never be 479,000 people in Wyoming—up or down it, too. I wonder why they don’t get considered on the Senate floor. If that votes is all they will get, with no back to the old way of requiring play- is the case, some 125 million Americans amendments. The same goes for the

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9435 residents of Virginia, Georgia, Lou- So that bill has been a sort of Wen Ho to provisions in the bill that might isiana, Michigan, Oklahoma, Min- Lee of the Appropriations Committee. hurt their States. They do not have a nesota, Nebraska, and Maine. It has been in isolation—incommuni- voice on the many policy decisions Those citizens should also be upset. cado, stowed away in limbo, out of contained in appropriations bills. So should the residents of Connecticut, sight, out of mind. But there it is on The Appropriations Committee staff Delaware, Indiana, Kansas, Massachu- the calendar. It has been there for is a good one. The Members and the setts, North Carolina, Oregon, Rhode weeks. Controversial? Yes. Some clerks are fair, and they try to do a Island, South Dakota, and Tennessee. amendments might be offered. But why good job. For the most part, they suc- Those folks will have no input into not? That is the process. We should call ceed and succeed admirably, and I am hundreds of thousands of spending deci- it up and have those amendments and very proud of them. But we are all sions. They will summarily be told to have a vote on them. Let’s vote on human. Sometimes we do not always take that conference report without them. see the unintended consequences of any amendments; take it; vote up or I have cast 15,876 votes in 42 years in this or that provision, or we simply down, take it or leave it. this Senate. That is an attendance make a drafting error that could hurt I heard a Member of this Senate yes- record of 98.7 percent. That may sound one or more States or groups of people. terday—I believe it was yesterday— like bragging, but Dizzy Dean said it The fresh eyes and different perspec- decry the President’s threat to veto an was all right to brag if you have done tives of our fellow Senators who are appropriations bill if something called it. So I have a 98.7 percent voting at- not on the Appropriations Committee, the Latino and Immigrant Fairness tendance. I have never dodged a con- however, have caught such errors in Act was not passed. That Senator said troversial vote, and I am still here and the past and will, I am sure, do so yesterday that a President who would running again. And if it is the Good again. But when those Members only make such threats was acting like a Lord’s will and the will of the people of get to vote on a conference report that king. I agree. That threat was out- West Virginia, I will be around here is unamendable, their judgment is rageous. If that threat was made, it when the new Congress begins. eliminated. That is not a sensible way was outrageous. It should not have I have cast controversial votes. What to legislate. I think it is a sloppy way been made. Further, I agree with that is wrong with that? That is why we to legislate. I know that my distin- Senator’s feeling about the piece of come here. guished chairman, Senator STEVENS, legislation which caused the White Two other appropriations bills—DC does not want to legislate in this man- House threat. I voted against sus- and VA-HUD—were not even marked ner. He is not afraid of any debate or pending the rule that would have made up by the committee until the second any controversial amendments. TED it possible to consider it. But when it full week of September. There was not STEVENS is not afraid of anything on comes to this President, or any Presi- enough money to make the VA-HUD God’s green Earth that I know of. He dent, Democrat or Republican acting bill even minimally acceptable. But has done a yeoman’s job in trying to like a king, let me say that we in this having been marked up and reported find sufficient funding within the budg- body are the ultimate check on that from the committee, was it called up et system to move his bills, and I com- assumption of the scepter and crown on the Senate floor for consideration? mend him for it. that all Presidents would like to make. No, it was not. It was just wrapped in I sincerely hope that we can all come When we in the Congress invite the dark glasses and a low-slung hat, sur- together to find a way to help my President’s men to sit at the table—es- rounded with security and rushed chairman. The full Senate must do its sentially that is what we do when we straight into conference as if it con- duty on appropriations bills this year. delay these appropriations bills until tained secrets for the eyes of the Ap- We owe that to the Nation. We owe it the very last and have to act upon propriations Committee only. The plan to this institution in which we all them with our backs to the wall and apparently is to insert the entire VA- serve. facing an almost immediate sine die HUD bill into the conference agree- Mr. President, the Senate is pre- adjournment, we in effect invite the ment on another appropriations bill paring to act on a short-term con- administration’s people to sit at the without bringing it before the Senate. I tinuing resolution, which will give the table and be part of the decisions in- still am hopeful that a way can be Senate an additional week to take up volving the power over the purse; yes, found to bring up that bill, as well as and debate appropriations bills, if we that power which is constitutionally the Treasury Postal and Commerce so choose. We can get a lot done in 7 reserved for the House and the Senate. Justice bills to the Senate floor. days if we all put our shoulders to the When we do that and then deny the full I know that some of my colleagues wheel to heave this bulky omnibus, or Senate the right to debate and amend may argue that every Senator has a these bulky minibuses, out of the mud. those spending bills, we are aiding and chance to make his or her requests The Senate is surely not on a par with abetting that kingly demeanor. known to the chairman and ranking the Creator. We cannot pull Heaven When we hand over a seat at the member of each appropriations sub- and Earth, and all the creatures under table to the White House and lock out committee, and in that way get their the Sun out of the void before we rest. the full Senate, not just these 23 issues addressed in the bill even if it But with His help and His blessings, we States, but lock out the full Senate on does not see action on the Senate floor. surely can complete work on the re- spending bills, we are, in truth, giving I certainly know that is true. I receive maining appropriations bills before we a President much more power than the thousands of requests each year to adjourn. framers ever intended. each subcommittee, as well as the re- The Legislative Branch and Treas- We are charged in this body with quests made while those bills are in ury/General Government appropria- staying the hand of an overreaching conference. However, if a Member’s re- tions conference report was defeated by Executive. Instead, it sometimes seems quest is not addressed in a bill and that the Senate on September 20. Some may as if we are polishing the chrome on bill does not see debate on the floor, have seen this as a defeat. But, in fact, the royal chariot and stacking it full of that Member has no opportunity to that was no defeat. It was a victory for congressional prerogatives for a fast take his or her amendment to the full the institution of the Senate, for the trip to the other end of Pennsylvania Senate and get a vote on it. He has no Constitution and its framers, and for Avenue. way to test the decisions of the com- the Nation. I think the defeat of that This year, one appropriations bill mittee to see if a majority of the full conference report in large measure can providing funding for the Departments Senate will support his amendment. be laid at the door of this strategy, of Commerce, Justice, and State has Additionally, when an appropriations which emanates from somewhere here, been in limbo—limbo. I believe that bill is not debated by the full Senate, of avoiding floor debate on appropria- Dante referred to limbo as the first cir- Senators who are not on the committee tions bills. I am glad that many of my cle of hell. Anyhow, this bill has been do not have the opportunity to strip colleagues objected to being asked to in limbo for more than 2 months in objectionable items out of the bill. vote on a nondebatable conference re- order to avoid controversial subjects They do not have the ability to seek port containing a bill—now, get this— coming up for debate and amendment. changes, perhaps very useful changes, containing a bill, in this instance the

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9436 CONGRESSIONAL RECORD — SENATE September 28, 2000 appropriations bill for the Department The PRESIDING OFFICER. Twelve ferees, each party. They each would of the Treasury and for general Gov- minutes. have a say. We would sit at a table— ernment purposes, that they have not Mr. BYRD. Twelve minutes? sometimes very long times, but in had a chance to understand, to debate, The PRESIDING OFFICER. Yes. time—and we would bring back a con- to amend, or to influence. The Senate Mr. BYRD. I thank the Chair. ference report and say: Here it is. And was designed to be a check on the I yield the floor. if anyone would like to know more House of Representatives. Moreover, Mr. MOYNIHAN. Mr. President, will about it, there are seven of us in this the Senate was designed to even out the revered Senator, who I like to room who did the final negotiations the advantages that more populous think of as the President pro tempore, with the House. It is all there. It is States enjoy in the House, and to give yield 5 minutes to this Senator? comprehensible. And it is following the small or rural States an even playing Mr. BYRD. I yield 5 minutes—I yield procedures of the body. field in all matters, including appro- all my remaining time to the Senator. I stayed on the committee, sir. This priations. Mr. MOYNIHAN. Sir, I would like to went on under Senator Dole as chair- This vote on the legislative branch, speak to the matter that the Senator man; Senator Bentsen as chairman. I Treasury, and general government from West Virginia has addressed from would like to think it went on during minibus—minibus—appropriations bill the perspective of the Finance Com- the brief 2 years that I was chairman. is a setback, as far as time goes, but, I mittee. I think the Senator will agree In the 6 years since that time, I have still believe that we can rally, and that most of the budget of the Federal seen that procedure collapse. In our complete our work in a manner that Government goes through the Finance committee, we have a very fine chair- will allow us to leave with our heads Committee in terms of tax provisions, man. No one holds Senator ROTH in held high, rather than with our tail be- Social Security, Medicare, Medicaid, higher regard than I do. I think my tween our legs. We can finish our work. the interest on the public debt, which friend recognized this when he saw the The people expect it. We ought to do it. is a very large sum, which we do not two of us stand here for 3 weeks on the In fact, in keeping with the rather debate much because we have to pay it. floor to pass the legislation which he screwball approach that we have been The two committees—Finance and did not approve. Senator BYRD did not taking on appropriations matters this Appropriations—were formed at about approve of permanent normal trade re- year, much of the conferencing on the same time in our history and have lations, but when it was all over, he these bills has been taking place, even had the preeminent quality that comes had the graciousness as ever to say he before the bills have been debated on with the power of the purse, that pri- did approve of the way we went about the floor. mal understanding of the founders that it. Every amendment was offered. Clo- Surely we can build on this base, and this is where the responsibilities of ture was never invoked. And in the still allow the Senate to work its will government lie—to lay and collect end, we had a vote, and the Senate on the more contentious elements of taxes; to do so through tariffs, to do so these bills. It is our job to resolve these worked its will. through direct taxation. Now, in the last several days in the problems. We get paid to do it. We get We had an income tax briefly in the Finance Committee, we have been paid well to do it. It may be true that Civil War, but there was the judgment working on major legislation, legisla- we could get higher pay somewhere that we ought to amend the Constitu- tion for rebuilding American commu- else—as a basketball player or as a TV tion to provide for it directly. nities, which is based on an agreement anchor person or in some other job— Sir, I came to this body 24 years ago. reached between the President and the but we get paid well for the job we do. I have learned that, as I shall retire in We are all familiar with these issues. Speaker of the House that this is legis- January—and, God willing, I will live We know the needs of our individual lation we ought to have, which is fine. States. We need to have that debate until then—there will only have been The President should have every oppor- about these issues, and we need to en- 120 Senators in our history who served tunity to reach some agreement with gage the brains of 100 members of this more terms. So they claim a certain the leadership over here and say: Let body to get the very best results. I experience. us have this legislation. You send it to would far rather—far rather—see this I obtained a seat on the Finance me; I will sign it. But you send it to process take place, and send good bills Committee with that wondrous Sen- me; I won’t write it. I might send you to the President to sign or veto, than ator from Rhode Island. We were in the a draft. to see Senators simply abdicating our same class, Senator Chafee and Sen- We were not even contemplating constitutional role in formulating the ator Danforth and I. I obtained a seat bringing the bill to the floor, passing funding priorities for our Nation. The as a first-time Senator, through the in- it, going to conference. It is just as- bad taste of recent years’ goulash of strumentality of the new majority sumed that can’t happen. And indeed, appropriations, tax, and legislative ve- leader. I avow that. I acknowledge it. I in the end, we could not even get it out hicles all sloshed together in a single am proud of it. I will take that with me of committee. So the chairman and I omnibus pot has not yet left my from the Senate as few others. will introduce a bill and a rule XIV will mouth. That is the easy way, but it is I underwent an apprenticeship at the have it held here at the desk so it is the wrong way. I didn’t want a second feet, if you will, of Russell Long, the around when those mysterious powers or third helping, much less a fourth. It then-chairman, who, for all his capac- sit down to decide what our national is loaded with empty calories, and full ity for merriment, was a very strict ob- budget will be. of carcinogens. Moreover, we are poi- server of the procedures of this body You spoke of something difficult to soning the institutional role of the and the prerogatives of the Finance speak to but necessary in this body, U.S. Senate, rendering it weaker and Committee. which is our relations with the Execu- weaker in influence and in usefulness. We brought bills to the floor. They tive, which increasingly have found We are slowly eroding the Senate’s were debated. They were debated at themselves not just with a place at the ability to inform and to represent the times until 4 in the morning. I can re- table, as you have so gentlemanly put people, and sacrificing its wisdom—the member then-Majority Leader BYRD it, but a commanding, decisive role in wisdom of the Senate—and its unique waking me up on a couch out in the the legislative process. place in our Republic on the cold altar Cloakroom to say, ‘‘Your amendment Sir, I can report—and I don’t have to of ambition and expediency. All it is up, PAT,’’ and my coming in, finding face constituents any longer, so I takes is our will to see what we are a benumbed body. The vote was aye, might just as well—I can recall around doing and turn away from the course nay. It wasn’t clear. It was the first 11 o’clock one evening on the House that we are on. I urge Senators to come time and the last in my life I asked for side in the Speaker’s conference together and do our work for our coun- a division. And we stood up, and you room—that particular Speaker had a try. could count bodies, but you could not glass case with the head of an enor- I thank all Senators who have spoken hear voices. mous Tyrannosaurus rex in it, a great on this subject today. Then we would go to conference with dinosaur—and tax matters were being Mr. President, how many minutes do the House side. The conferees would be taken up. There were representatives I have? appointed. Each side would have con- of the White House, representatives of

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9437 the majority leadership in the House, Mr. MOYNIHAN. I thank the Senator committee. The administration was the leadership in the Senate. I didn’t from Alaska, my friend of all these there complaining about report lan- really recognize any committee mem- years. Just to conclude my thought, guage as to what the intent of the Con- bers, just leadership. And I arrived in which is that the separation of powers gress was. It is hard for me to fathom the innocent judgment of something in is what distinguishes American govern- they could do that. I don’t want to em- which I wouldn’t have a large part, but ment. We brought it into being. It did barrass anybody from the administra- I would be expected to sign the papers, not exist in any previous democratic tion, but I spoke to two people from the conference papers the conferees regimes, the various Grecian cities, the the administration. I said: What in the sign, a ritual we all take great pleasure Roman era had a legislature period. world are you trying to do? Are you in because it means it is over. There was no executive authority. trying to tell this subcommittee, this Sir, I was asked to leave the room. I What Madison once referred to as the legislative entity, what our intent is? was asked to leave the room. There as fugitive existence of the ancient repub- That is our responsibility as legisla- a Member of the Senate minority, the lics was largely because they had no tors, not this administration’s respon- ranking member of the committee, executive authority to carry out the sibility. We have report language in that decision was not going to have decisions of the legislature. The legis- bills so that people can look and find anything to do with the Finance Com- lature was left to be the executive as out what our intent is. mittee or much less the Democrats. It well. It didn’t work. Mr. BYRD. So that the courts can would be a White House and a congres- We have worked. There are two coun- also. sional leadership meeting. tries on Earth, sir, that both existed in Mr. REID. The courts, or anybody In 24 years, nothing like that had 1800 and have not had their form of else. If the administration doesn’t like ever happened. I don’t believe, sir, it government changed by violence since what we do, they can take it to court, ever happened. I can’t imagine how we 1800: the United States and the United and that report language will give that came to this. I do know how, from the Kingdom. There are seven, sir, that court an idea as to what we meant. I point of view of our party—the calami- both existed in 1900 and have not had say to Senator BYRD and Senator MOY- tous elections of 1994, when we lost our their form of government changed by NIHAN, words cannot express how I feel. As people have heard me say on the majorities in both bodies. violence since. Many of the British do- So I would say, I do not believe in the minions were not technically inde- floor before, I am from Searchlight, two centuries we have been here—and pendent nations. NV. My father never graduated from eighth grade and my mother never we are the oldest constitutional gov- The separation of powers is the very graduated from high school. To be in ernment in history, but we have seen essence of our system. We have seen it the Senate of the United States and to our constitutional procedures degrade. evanescing before us. I say evanescing work with Senator MOYNIHAN and Sen- We have seen practices not ever before because—the misty clouds over San ator BYRD is an honor. It is beyond my having taken place, nor contemplated. Clemente, noise rising from the sea— ability to express enough my apprecia- They are not the way this Republic was because I was not in that room after I tion for this discussion that has taken intended. They are subversive of the was asked to leave, nor was there any journalist, nor were there any of our place today. I hope it will create some principles of our Constitution, the sep- fine stenographers. No one was there sense in this body—maybe not for this aration of power. The separation of powers is the first save a group of self-selected people. Congress but hopefully for the next They weren’t selected for that role. principle of American constitutional one—that we will be able to legislate as They should not have been playing it. government. We would not have a King we are supposed to do it. I express my This has gone on too long, and it ought or a King in Parliament. We would appreciation to both Senators. to stop. Mr. BYRD. I thank the distinguished have an elected President, an elected With that, sir, I thank my friend Senator. Congress and an independent judiciary. from Alaska and I yield the floor. Mr. MOYNIHAN. I thank my friend. When the White House is in the room Mr. BYRD. Mr. President, I revere Mr. STEVENS. Mr. President, how drafting the bill that becomes the law, the Senator from New York. He came much time remains? the separation of power has been vio- to the Senate in 1977. He went on the The PRESIDING OFFICER. The Sen- lated in a way we should not accept. committee. What he has just said as- ator from Alaska has 8 minutes re- Mr. STEVENS. Will the Senator tonishes me—that he was asked to maining. yield for one moment? leave the room in this Republic—‘‘a re- Mr. STEVENS. Mr. President, I ask Mr. MOYNIHAN. I yield the floor. public, Madam, if you can keep it.’’ unanimous consent that Senator MUR- Mr. STEVENS. Mr. President, I Mr. MOYNIHAN. Said Benjamin KOWSKI be recognized for up to 20 min- apologize. Franklin, yes. utes and that Senator SESSIONS be rec- Mr. MOYNIHAN. I yield the floor to The PRESIDING OFFICER. The Sen- ognized for up to 15 minutes following my distinguished friend, the chairman ator from Nevada. the two rollcalls that will soon take of the Appropriations Committee. Mr. REID. Mr. President, I consider place. Mr. STEVENS. Mr. President, I wish myself very fortunate today. Except Mr. REID. Mr. President, I didn’t to state that if there is no objection, for going to a conference here and hear that request. the vote on the continuing resolution there, and a few other things that had Mr. STEVENS. I am going to yield would occur at 4:15. I ask unanimous me go off the floor, I have had the op- back the time I had so we can vote ear- consent that that be the order. portunity to listen to almost every- lier. I agreed to yield time to two col- The PRESIDING OFFICER. And that thing that went on today, either from leagues, to be used after the votes take rule XII be waived. my seat in the Senate Chamber or in place. Mr. STEVENS. Yes. the Cloakroom. How fortunate I am. The PRESIDING OFFICER. Is there Mr. REID. Reserving the right to ob- The Senator from West Virginia is to objection? ject, I ask permission for up to 5 min- be commended for initiating this de- Without objection, it is so ordered. utes during that period of time. bate on what American Government is Mr. STEVENS. Mr. President, having Mr. STEVENS. I am pleased to yield all about. When the history books are been a Senator who served in the mi- to my friend 5 minutes of the time I written, people will review what took nority, in the majority, and then in the have between now and 4:15. place during this debate, the high level minority, and again in the majority, I The PRESIDING OFFICER. Without of debate and the exchange between the understand the discussion that has objection, it is so ordered. Senator from New York and the Sen- taken place here today full well. I have Mr. BYRD. Mr. President, might the ator from West Virginia, both with been a member of the Appropriations very distinguished and able Senator years of wisdom, years of knowledge, Committee for many years—not nearly from New York have just 2 or 3 min- and years of experience. People will as long as the Senator from West Vir- utes to finish his statement? look back at this consideration in the ginia but for a long enough time to Mr. STEVENS. I am pleased to yield textbooks. know that the appropriations process to the Senator from New York 3 min- I stepped out to go over to the Sen- has to fit into the calendar as adjusted utes. ator’s Interior Appropriations Sub- by the leadership.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9438 CONGRESSIONAL RECORD — SENATE September 28, 2000 We have done our best to do that this us to do our job. Our job is to finish Mr. REID. If the Senator will yield, I year. It does inconvenience many Sen- these 13 bills that finance the standing ask unanimous consent that following ators whenever the appropriations agencies of the Federal Government the two Republican Senators there be process is shortened. I believe in full and to do so as quickly as possible. Be- allowed to speak in morning business: and long deliberation on appropriations cause of the holiday that starts in a Senator FEINGOLD for 30 minutes and bills. Mainly, I believe in bringing to few minutes for some of our colleagues, Senator MIKULSKI for 35 minutes. the floor bills that have such uniform we will not meet tomorrow, and we The PRESIDING OFFICER. Is there support on both sides of the aisle that cannot meet Saturday. So we will come objection? there really isn’t much to debate. back in Monday, and that will give us Mr. STEVENS. I am compelled to ob- I think if the Members of the Senate another 7 days to work on our bills. ject because I want to state to the Sen- will go back and look at the Defense The House has now passed the energy ator that I took our time and allotted Appropriations Committee bills since I and water bill. We will file the Trans- it after—— became chairman, or when Senator portation and Interior bills—I under- Mr. REID. I said after the Republican INOUYE became chairman, we have fol- stand those conferences are just about speakers. lowed that principle. Unfortunately, finished now—on Monday. We are Mr. STEVENS. I don’t know what the issues develop that are not bipartisan working toward completion by the end leader intends to do after that time. I on many bills and they lead to long of this continuing resolution. But let’s have no indication that he wishes to object, but I don’t know. In a very delays. In addition, the closer we get to not fool ourselves. If we got all these short time our Jewish friends must be an election period, the longer people bills passed by next Friday, there home before sundown. I don’t think want to talk or offer amendments that would still have to be a continuing res- there is going to be objection, but I am have been voted on again and again and olution because the President has a not at liberty to say. again. constitutional period within which to Mr. REID. Senator FEINGOLD, of We have had a process here of trying review the bills. He has 10 days to recourse, is Jewish and he would handle to accommodate the time that has view them, not counting Sunday; so we that on his own. Anyway, fine. I think been consumed on major issues, such as are going to be in session yet for a con- it is sundown tomorrow, anyway. the Patients’ Bill of Rights and the siderable period of time—those of us involved in appropriations. Mr. STEVENS. I thought it was sun- PNTR resolution dealing with China, down tonight. which took a considerable time out of I urge the Senate to remember that circumstances can change. We could be Mr. REID. No. Some people just want our legislative process. We find our- to leave to get ready for sundown to- selves sometimes on Thursday with in the minority next year, God forbid, and the leadership on the other side morrow. cloture motions that have to be voted Mr. STEVENS. I don’t see any reason on the following Monday, and then we could be trying to move bills. And if the minority taught us some lessons to object. make it Tuesday and we lose a week- Mr. REID. If the leader has some- about how to delay, I think we are fast end. We have adjusted to the demands learners. We have to remember that thing else he wants to do, of course of many Senators. that will take precedence. But before I believe the Senator from West Vir- what comes around will go around. It is comity that keeps this place moving we leave tonight, they would like to ginia would agree that we have tried have the opportunity to speak. very hard in the Appropriations Com- and doing its job. I think all of us have studied under Mr. STEVENS. I am compelled to say mittee to get our work done. Most of and learned from the distinguished this: Under the practice we have been our bills were out of committee before Senator from West Virginia. He has in so far, the Senator’s side of the aisle we left for the recess in July. As a mat- certainly been a mentor to people on has consumed 6 hours today, and we ter of fact, we had our two major bills, both sides of the aisle. He has taught have consumed about 40 minutes, at from the point of view of Defense— us everything there is to know about the most. There is a process of sort of military construction and the Depart- the rules and how to use them. He has equalizing this time. I would be pleased ment of Defense appropriations bill— never abused them. I don’t take the to take into account anyone who has to approved in really record time. criticism that he has made other than leave town, but can we do that after Mr. REID. Will my friend yield for a to be of a process that we now find our- this time? I promise the Senator I will brief comment? selves involved in. Our job is to work help work this out. Mr. STEVENS. Yes. our way out of this dilemma. I hope we Mr. REID. We will talk after the first Mr. REID. I want to make sure that can. I hope we can do it in good grace vote. I will renew the request after the any comments I have made do not re- and satisfy the needs of our President first vote. flect on the Senator from Alaska. I as he finishes his term. We have been Mrs. MURRAY. Mr. President, I’ve can’t imagine anyone being more in- working very hard at that since we come to the floor to join my colleagues volved in trying to move the legisla- came back from the August recess. in discussing where our annual budg- tion forward than the Senator from In my judgment, from the conversa- eting process stands. Alaska. So none of the blame that is to tions I have had with Jack Lew, the Di- We are just three days away from the go around here goes to the Senator rector of the Office of Management and start of the new fiscal year, and the from Alaska, as far as I am concerned. Budget, there is a recognition of the Senate is far behind in its work. The Mr. STEVENS. I thank the Senator. I tensions of the time and a willingness resulting rush is leading some to short- wasn’t inferring that I received any to try to accommodate the conflicting circuit our usual appropriations proc- comments or concern on my activity or needs of the two major parties in an ess. Like so many of my colleagues, I the committee’s, per se. I believe the election year. That is what we are try- am dismayed that Senators are being process of the Senate, however, is one ing to do. denied the opportunity to fully con- that involves the leadership adjusting I hope we will vote to adopt this consider and debate these appropriations to the demands of the Senate and to tinuing resolution and that Members bills. the demands of the times. A political will enjoy the holiday that is given to I want to commend Senator BYRD for year is an extremely difficult time for us by our Jewish colleagues. We will his comments today. Senator BYRD is the leadership. Senator BYRD had lead- come back Monday ready to work. once again speaking for the United ership in several elections, and I had I fully intend to do everything I can States Senate. His comments are nei- the same role as the Senator from Ne- to get every bill we have to the Presi- ther Republican nor Democrat. With vada—the whip—during one critical dent by a week from tomorrow. That his usual elegance and candor, Senator election period during which the leader may not be possible, but that is our BYRD is championing this institution, decided to be a candidate and was gone. goal, and I expect to have the help of and we should all commend him for So I was acting leader during those every Senator who wants to see us do that. The Senate that he defends so days. I know the strains that exist. our constitutional duty, and that is to passionately is one that works for both I want to say this. I believe that good pass these bills. parties; works for all Senators; and will in the Senate now is needed to fin- Does the Senator wish any further most importantly, works for the Amer- ish our job. The American people want time? ican people.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9439 Time and again during my eight the House or Senate. The conference the government operating through Oc- years of service in this body, I have report was approved on June 30, and be- tober 6. I believe that if we could put made the walk from my office to this came the first of the FY 2001 appropria- aside political posturing, partisan floor. And each time, I bring with me a tions bill signed into law. With the ex- bickering, and retaliatory tactics for certain excitement and anticipation ception of the swift and relatively just one week, just one week, we could for the great opportunity the people of smooth passage of the Defense Appro- complete work on the appropriations Washington state have given me to rep- priations Bill a month later, the FY bills, in an orderly and responsible resent them as we debate issues from 2001 appropriations process has gone fashion, and close out this Congress. education to foreign policy to health from bad to worse. We now find our- We may not have accomplished all that care. selves in the intolerable position of we would have wished to accomplish. Unfortunately, there have been very having 11 of the 13 appropriations bills But I am confident that continued few opportunities to come to this floor still pending—with two days to go be- bickering over the appropriations proc- and engage in meaningful debate. Too fore the end of the fiscal year, and no ess in the waning days of the 106th Con- often, the majority has sought to ei- clear game plan in sight. The House gress will not improve the climate for ther stifle or deny debate on the issues has passed all of the regular appropria- any other legislation to move forward. Americans care about. On the rare oc- tions bills. And the Senate Appropria- Mr. President, the American people casions when we have had debates, tions Committee—on which I serve— deserve more than this mess from their they have not resulted in meaningful has reported all 13 regular appropria- elected leaders. I know the Senate can legislation that has a chance of being tions bills. But only 10 of these 13 bills do better. In the days ahead, I urge my signed into law. have been passed by the Senate. Once colleagues to work with our leaders For example, the Senate spent sev- again, desperation is setting in. The and with the leadership of the Appro- eral weeks debating the Elementary focus is shifting from the flow of open priations Committee, to tackle the re- and Secondary Education act. We de- debate on the Senate floor to the maining appropriations bills and con- closed doors of the conference commit- bated the issues, and we cast tough ference reports, to debate, to vote, and tees. votes on the ESEA bill. But, for some to complete the work that we have reason, the bill was shelved by the ma- Just last week, the Senate leadership attempted to attach the Treasury and been charged to do. jority. Now it looks certain to die as Though time is running out, it is not the Congress tries to adjourn quickly General Government Appropriations bill—which the Senate has never con- too late to make these spending deci- in this election year. sions in the most responsible way, and As we watch the clock tick toward sidered—to the Legislative Branch conference report, and pass them as a that is what I am calling on my col- the end of the fiscal year this weekend, leagues to do. only two of the 13 appropriations bills package deal. The Senate was wise to reject that approach. The Senate Mr. STEVENS. I think the time has have been signed into law. We now find come for us to ask that this resolution ourselves in an unnecessary impasse. should have an opportunity to fully consider these three significant appro- be presented to the Senate for a vote. I The breakdown in this year’s appro- ask for the yeas and nays. priations process did not happen over- priations bills. To abandon the rea- soned debate this chamber is known for The PRESIDING OFFICER. Is there a night. It is not merely the result of sufficient second? election eve politicking, or jockeying would represent a full surrender by this body of our responsibilities to the There is a sufficient second. for position between the Executive and The question is on agreeing to the Legislative branches, although there American people. Mr. President, there are many press- joint resolution. are plenty of both going on. ing issues from programs for veterans The clerk will call the roll. No, the breakdown of the fiscal year healthcare and the courts to the Na- The legislative clerk called the roll. 2001 appropriations process can be tional Weather Service. We should be Mr. NICKLES. I announce that the traced back to the opening days of this able to debate these funding plans and Senator from Arizona (Mr. MCCAIN) session of Congress in January. Back then vote for or against them. Mr. and the Senator from Wyoming (Mr. then, the House and Senate leadership President, it doesn’t have to be this THOMAS) are necessarily absent. promptly fell into disarray over the way. The Senate still has time to take Mr. REID. I announce that the Sen- handling of the President’s request for up the remaining appropriations bills, ator from California (Mrs. FEINSTEIN) a supplemental spending bill. You may debate them, amend them, and send and the Senator from Connecticut (Mr. recall that the President requested $5 them to the President. They may be LIEBERMAN) are necessarily absent. billion in supplemental fiscal year 2000 contentious. But that is precisely why The PRESIDING OFFICER. Are there funding. The House subsequently they must be aired in the light of day any other Senators in the Chamber passed a $12.8 billion supplemental before the entire Senate and not swept who desire to vote? funding bill—more than twice what the into law under the cover of an unre- The result was announced—yeas 96, President had requested. The Senate lated appropriations conference report. nays 0, as follows: Appropriations Committee, at the be- If the Senate acts promptly, the con- [Rollcall Vote No. 259 Leg.] hest of the Senate Majority Leader, ferees will have ample time to com- YEAS—96 shelved plans to draw up a separate plete their work, and report back to supplemental funding bill. Instead, the Abraham Daschle Inouye the full House and Senate. As a mem- Akaka DeWine Jeffords Senate attached a total of $8.6 billion ber of the Senate Appropriations Com- Allard Dodd Johnson in supplemental funding onto three mittee, I am acutely aware of our re- Ashcroft Domenici Kennedy regular appropriations bills—Military Baucus Dorgan Kerrey sponsibilities to the people of this na- Bayh Durbin Kerry Construction, Foreign Operations, and tion when it comes to appropriating Bennett Edwards Kohl Agriculture appropriations. The Major- taxpayers’ dollars. I take that respon- Biden Enzi Kyl ity Leader’s plan was to have all three sibility very seriously. The people have Bingaman Feingold Landrieu bills enacted into law by the Fourth of Bond Fitzgerald Lautenberg a right to know what Congress is doing Boxer Frist Leahy July holiday. Needless to say, things with their money. And members of Breaux Gorton Levin did not quite go as planned. Congress have a responsibility to ap- Brownback Graham Lincoln Despite weeks of congressional wran- propriate money wisely. Bryan Gramm Lott gling, the three bills in the Senate Bunning Grams Lugar We cannot do our jobs or meet our re- Burns Grassley Mack could not be reconciled with the one sponsibilities, if we delegate our work Byrd Gregg McConnell bill in the House. Finally—in despera- to a handful of appropriators ham- Campbell Hagel Mikulski tion—the House and Senate ended up mering out a conference agreement, or Chafee, L. Harkin Miller Cleland Hatch Moynihan jamming $11.2 billion in supplemental to a closed circle of congressional lead- Cochran Helms Murkowski funding into the conference on the FY ers and White House officials huddling Collins Hollings Murray 2001 Military Construction Appropria- over a conference table. Conrad Hutchinson Nickles tions Bill. Much of that funding had Mr. President, we are poised to pass a Craig Hutchison Reed Crapo Inhofe Reid never seen the light of day in either Continuing Resolution that will keep

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9440 CONGRESSIONAL RECORD — SENATE September 28, 2000 Robb Sessions Thompson [Rollcall Vote No. 260 Leg.] barrels of heating oil a day during the Roberts Shelby Thurmond Rockefeller Smith (NH) Torricelli YEAS—92 winter. That has to be taken out of the Roth Smith (OR) Voinovich Abraham Edwards Lott Strategic Petroleum Reserve in crude Santorum Snowe Warner Akaka Enzi Lugar form—30 million barrels—and trans- Sarbanes Specter Wellstone Allard Feingold Mack ferred to the refineries which are al- Schumer Stevens Wyden Ashcroft Fitzgerald McConnell Baucus Frist ready operating at capacity because we NOT VOTING—4 Mikulski Bayh Gorton Miller haven’t had any new refineries built in Feinstein McCain Bennett Graham Moynihan this country in the last 15 to 20 years. Lieberman Thomas Biden Gramm Murkowski This is not the answer. Bingaman Grams The joint resolution (H.J. Res. 109) Nickles I am going to talk a little bit about Bond Grassley Reid Boxer Gregg one of the answers that should be con- was passed. Robb Breaux Hagel Mr. LOTT. I suggest the absence of a Roberts sidered by this body and has been con- Brownback Harkin Rockefeller sidered before. In fact, in 1995, the issue quorum. Bryan Hatch Roth The PRESIDING OFFICER. The Bunning Helms of opening up that small area of the Santorum clerk will call the roll. Burns Hutchinson Coastal Plain, known as ANWR, came Byrd Hutchison Sarbanes before this body. We supported it. The The assistant legislative clerk pro- Schumer Campbell Inhofe President vetoed it. If we had taken ceeded to call the roll. Chafee, L. Inouye Sessions Mr. LOTT. Mr. President, I ask unan- Cleland Jeffords Shelby the action to override that veto of the Smith (NH) imous consent that the order for the Cochran Johnson President, or if the President had sup- Collins Kennedy Smith (OR) ported us, we would know what is in quorum call be rescinded. Snowe Conrad Kerrey this small area of the Coastal Plain. The PRESIDING OFFICER. Without Craig Kerry Specter objection, it is so ordered. Crapo Kohl Stevens When I say ‘‘small area,’’ I implore my Daschle Kyl Thompson colleagues to reflect on the realities. f DeWine Landrieu Thurmond Here is Alaska—one-fifth the size of Dodd Lautenberg Torricelli the United States. If you overlay Alas- Domenici Leahy Voinovich AMERICAN COMPETITIVENESS IN Dorgan Levin Warner ka on the map of the United States, it THE TWENTY-FIRST CENTURY Durbin Lincoln Wyden runs from Canada to Mexico, and Flor- ACT OF 2000 NAYS—3 ida to California. The Aleutian Islands go thousands of miles further. There is CLOTURE MOTION Hollings Reed Wellstone The PRESIDING OFFICER. Under a very small area near the Canadian NOT VOTING—5 the previous order, pursuant to rule border. When I say ‘‘small,’’ I mean Feinstein McCain Thomas small in relationship to Alaska with XXII, the Chair lays before the Senate Lieberman Murray the pending cloture motion, which the 365 million acres. But here we have ANWR in a little clerk will report. The PRESIDING OFFICER. On this different proportion. This is where I The assistant legislative clerk read vote the yeas are 92, the nays are 3. would implore Members to understand as follows: Three-fifths of the Senators duly chosen and sworn having voted in the af- realities. This is 19 million acres. This CLOTURE MOTION firmative, the motion is agreed to. is the size of the State of South Caro- We, the undersigned Senators, in accord- Mr. MURKOWSKI. Mr. President, lina. ance with the provisions of rule XXII of the may I ask about the order and the A few of the experts around here have Standing Rules of the Senate, do hereby never been there and are never going to move to bring to a close debate on the pend- unanimous consent that is pending? ing first-degree amendment (No. 4177) to Cal- The PRESIDING OFFICER. The Sen- go there in spite of our efforts to get endar No. 490, S. 2045, a bill to amend the Im- ator now has 20 minutes. them to go up and take a look. migration and Nationality Act with respect Mr. MURKOWSKI. I thank the Chair. Congress took responsible action. In to H–1B non-immigrant aliens: this area, they created a refuge of 9 Trent Lott, Gordon Smith of Oregon, f million acres in permanent status. Judd Gregg, Wayne Allard, Conrad OIL CRISIS They made another withdrawal—only Burns, Craig Thomas, Rick Santorum, they put it in a wilderness in perma- Mr. MURKOWSKI. Mr. President, I Thad Cochran, Bob Smith of New nent status with 78.5 million acres, have had a series of discussions with Hampshire, Spencer Abraham, Kay leaving what three called the 1002 area, Bailey Hutchison, Connie Mack, my colleagues on the energy crisis in which is 11⁄2 million acres. George Voinovich, Larry Craig, James this country. Inhofe, and Jeff Sessions. That is this Coastal Plain. That is I think it is fair to make a broad what we are talking about. The PRESIDING OFFICER. The statement relative to the crisis. The This general area up here— question is, Is it the sense of the Sen- crisis is real. We have seen it in our Kaktovik—is a little Eskimo village in ate that debate on amendment No. 4177 gasoline prices. We saw it last week the middle of ANWR. to S. 2045, a bill to amend the Immigra- when oil hit an all-time high of $37 a They say this is the ‘‘Serengeti.’’ tion and Nationality Act with respect barrel—the highest in 10 years. And There is a village in it. There are radar to H–1B non-immigrant aliens, shall be now we are busy blaming each other sites in it. To suggest it has never been brought to a close? The yeas and nays for the crisis. touched is misleading. are required under the rule. The clerk I think it is fair to say that our Think for a moment. Much has been will call the roll. friends across the aisle have taken made of the crude oil prices dropping $2 The legislative clerk called the roll. credit for the economy because it oc- a barrel when the President tapped the Mr. NICKLES. I announce that the curred during the last 7 years. I also Strategic Petroleum Reserve and re- Senator from Arizona (Mr. MCCAIN) think it is fair that our colleagues take leased 30 million barrels of oil. and the Senator from Wyoming (Mr. credit for the energy crisis that has oc- While I believe the price drop will THOMAS) are necessarily absent. curred because they have been here for only be temporary, I ask my fellow Mr. REID. I announce that the Sen- the last 7 years. Senators what the price of crude oil ator from California (Mrs. FEINSTEIN), I have talked about the Strategic Pe- would be today if the President had not the Senator from Connecticut (Mr. LIE- troleum Reserve, what I consider the vetoed opening up ANWR 6 years ago. BERMAN), and the Senator from Wash- insignificance of the drawdown, and It would have been at least $10 less be- ington (Mrs. MURRAY) are necessarily the signal that it sends to OPEC that, cause we would have had another mil- absent. indeed, we are vulnerable at 58-percent lion-barrel-a-day supply on hand. I further announce that, if present dependence on imported oil. That sends What would prices be if OPEC and and voting, the Senator from Wash- a message that we are willing to go the world knew that potentially 1 to 2 ington (Mrs. MURRAY) would vote into our savings account. million barrels a day of new oil was ‘‘aye.’’ What did we get out of that? We got coming out of the ANWR Coastal The yeas and nays resulted—yeas 92, about a 3- to 4-day supply of heating Plain, and not only for 3 or 4 or 15 days, nays 3, as follows: oil. That is all. We use about a million but for decades?

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9441 Let me try to belie the myth of what If the Arctic Coastal Plain could wanted to go in and bid Federal leases, is in ANWR in relationship to Prudhoe produce just 600,000 barrels a day, the the Department of Interior wouldn’t Bay. This area of Prudhoe Bay has most conservative estimate—more make available. They made a few, it is been supplying this Nation with nearly likely it would produce 2 million bar- a promising start, but let’s open up a 25 percent of its crude oil for almost rels a day—the area would be among petroleum reserve and find out whether two decades—21⁄2 decades. the top 13 countries in the world; just we have the petroleum there. They We built an 800-mile pipeline with the this area in terms of crude oil produc- won’t do that. They won’t support us in capacity of over 2 million barrels. tion. opening up ANWR. Today, that pipeline is flowing at 1 At 2 million barrels a day, the Coast- Only 14 percent of Alaska’s coastal million barrels with the decline of al Plain of ANWR itself would be lands are open to oil and gas explo- Prudhoe Bay. among the top eight oil-producing na- ration. Those are facts. I defy the envi- You might not like oil fields but tions in the world. I am sick and tired ronmental community, the Sierra Prudhoe Bay is the finest oil field in of hearing irresponsible statements Club, or the Wilderness Society to the world, bar none. I defy anybody to from the environmental groups that counter those statements. The break- go up there and compare it with other are lying to the American people. down: Prudhoe region, 14 percent; oil fields. The environmental sensi- We had a little discussion the other ANWR coastal plain, 11 percent; ANWR tivity is unique because we have to live day on the floor. One of my colleagues wilderness, 5 percent; naval petroleum, by rules and regulations. from Illinois said he ran into a CEO of 52 percent; and Western North Slope, The point I want to make is when a major oil company of Chicago—he State, native private land, 18 percent. Prudhoe Bay was developed and this didn’t identify who he was—and asked Ninety-five percent is not open. pipeline was built at a cost of roughly him how important ANWR was to the I am looking at ‘‘The Scoop on Oil,’’ $6.5 billion to nearly $7 billion, the es- future of the petroleum industry. The Community News Line, Scripps News timate of what we would get out of the man from the company said from his Service, written obviously by the envi- oil field was 9 billion barrels. point of view it was nonsense, there are ronmental community. It says ‘‘And Here we are 23 or 24 years later, and plenty of sources of oil in the United yet oil spills in Prudhoe Bay average we have gotten over 12 billion barrels. States that are not environmentally 500 a year.’’ It is still pumping at better than 1 mil- dangerous. They don’t amount to 500 spills a lion barrels a day. Where? Where? We can’t drill off the year. They amount to 17,000 spills a The estimates up here range from a Pacific coast. We can’t drill off the At- year—I see that has the attention of low of 5.7 billion to a high of 16 billion lantic coast. We can’t drill offshore. We the Presiding Officer—because in barrels—16 billion barrels. What does can only drill down in the gulf, and Prudhoe Bay they don’t mention they that equate to? It is kind of in the eye now the Vice President wants to cancel have to report all spills of any non- of the beholder. Some say it would be a leases down there. naturally occurring substance, whether 200-day supply—a 200-day supply of He further said he believes, and the a spill of fresh water, a half cup of lu- America’s oil needs. They are basing man from Illinois agreed, we don’t have bricating oil, or a more significant their estimates on old data of 3.2 bil- to turn to a wildlife refuge to start spill. The vast majority of spills at lion barrels in ANWR, ignoring the drilling oil in the Arctic nor do we Prudhoe Bay have been fresh and salt most recent estimates by the U.S. Geo- have to drill offshore. water use in conditioning on the ice logical Survey that there is a 5 percent If we are not going to drill offshore, roads and pads—not of chemicals or oil. chance of 16 billion barrels—that is at where are we going to drill? They won’t In 1993, the worst year in the past the high end with a mean estimate of let drilling occur in the Overthrust decade for spills at Prudhoe Bay, there 10.3 billion barrels. That is the average. Belt. Mr. President, 64 percent has been were 160 reported spills involving near- For the sake of conversation, we might ruled out—Wyoming, Colorado, Mon- ly 60,000 gallons of material but only 2 as well say a 10.3 billion barrel average. tana—to any exploration. spills involving oil. Those are the facts. Under this argument, Prudhoe Bay, The idea that these people don’t iden- And all 10 gallons went into secondary the largest oil field in the United tify where we are going to drill, but are containment structures and were eas- States, has only a 600-day supply. That just opposed to it, is absolutely irre- ily cleaned. is assuming all oil stops flowing from sponsible. As a consequence of not Prudhoe Bay is the cleanest indus- all other places, and we have no other knowing whether we have this oil or trial zone in America. America should source of oil other than Alaska. So not, we are not doing a responsible understand this. What the environ- those arguments don’t hold water. thing in addressing whether we can mental community has done is found a But the Wilderness Society and the count on this as another Strategic Pe- cause, a cause for membership dollars. Sierra Club say it is only a 200-day sup- troleum Reserve. Our energy policy today in this coun- ply. It is only this, or it is only that; I have a presentation that I hope will try is directed not by our energy needs and using that logic, the SPR is only a catch some of the attention of Mem- but by the direction of the environ- 15-day supply, in theory. bers because there is an old saying mental community. They accept no re- Let’s make sure we keep this discus- from some of the environmental sponsibility for the pickle we are in sion where it belongs. groups: For Heaven’s sake, there is 95 with this energy crisis. This adminis- To give you some idea, in this 1002 percent of the coastal plain that is al- tration has not fostered any domestic area, in comparison to an eastern sea- ready open for oil and gas development. exploration program of any magnitude board State, let’s take the State of Here is a picture of the coastal plain. in this country, as I have indicated, Vermont, and say that there are abso- It is important that the public under- whether it be the Overthrust Belt or lutely no other sources for oil in the stand this: 95 percent is not open. Here elsewhere. They have limited excess entire Coastal Plain. If this 1002 area is Canada. Here is the ANWR area, 19 activity to the Gulf of Mexico. They was designated to fulfill Vermont’s million acres, the coastal plain. This have prohibited exploration in the high needs, that 200-day supply is enough to area is not open. It is open in this gen- Arctic, as I have indicated. heat homes and run equipment all over eral area. Then we have the National They have moved off oil and said: No Vermont for the next 197 years. So Petroleum Reserve. This area is closed more nuclear; we won’t address nuclear don’t tell me that is insignificant. For —this little bit of white area. From waste. My good friend from Nevada and New Hampshire, for example, it would Barrow to Point Hope is closed. I re- I have had spirited debate, but we are be 107 years. peat, 95 percent isn’t open. not expanding nuclear energy because The U.S. Geological Survey says that The Administration prides itself on we cannot address what to do with the it would replace all of our imports from saying we have been responsible in waste. Twenty percent of our power Saudi Arabia for 11 years. opening up areas of the National Petro- comes from nuclear. We have not built If it contains the maximum estimate leum Reserve, which is an old naval pe- a new coal-fired plant since the mid- of recoverable oil, it would replace all troleum reserve. A reserve is there for 1990s. You cannot get a permit. We are of our imports from Saudi Arabia for 30 an emergency. We don’t know what is talking of taking down hydro dams be- years. there. The areas that the oil company cause of the environmentalists, but

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9442 CONGRESSIONAL RECORD — SENATE September 28, 2000 there is a tradeoff, as the occupant of about the environment? They just United States. They have gone up. Let the Chair from Oregon knows—putting want the oil and to get it at any price, me show some more charts because pic- the traffic off the barges on to the lay a pipeline anywhere. tures are worth a thousand words. Peo- highways. There is a tradeoff. Do you want to do it right here at ple say we have to concern ourselves If we take no hydro, no coal, no nu- home? I think it is time to come to with the issue of the porcupine caribou clear, no more imports of oil, where grips with these folks and ask them to herd. This is ANWR, Canada. This is does it go? It goes to natural gas. What stand behind their assertions. They the Demster Highway. These are oil about natural gas, the cleanest fuel? talk about millions of piles of gravel. wells drilled in Canada. These in the Ten months ago, it was $2.16 per 1,000 We don’t have to do that anymore. light color were drilled. They didn’t cubic feet; deliveries in November of They are talking about the living quar- find any oil, but this is the route of the $5.42—more than double. Where are we ters of thousands of workers and air caribou. They have gone through this going for energy? We are going to nat- pollution and death for the stunning area. They cross the Demster Highway ural gas. That is the next train wreck animals. They talk about the polar with no problem at all. The caribou coming in this country. It will be se- bear. The polar bear don’t den on land, calve—where do they calve? Sometimes vere. Fifty percent of the homes in this they den on the ice. they calve in ANWR, sometimes they country heat by natural gas—56 mil- I could go right down the list and do not. We are not going to have any lion homes. Heating bills are going to state what is wrong with this thing. It oil development in the summertime in be 40-percent higher in the Midwest is irresponsible. They finish by saying the calving area. this winter. We have a different prob- it is a 90-day supply of oil. That is just This is what it is like over in Iraq. lem on the east coast where we don’t not accurate. It is not factual. The re- This is what it was like during the Per- have natural gas. The train wreck is ality is, if given the opportunity, we sian Gulf war. There we are trying to coming. can turn this country around, keep clean up the mess caused by Saddam When I hear these ludicrous state- these jobs home. Hussein. That is the guy we are helping ments, this thing is garbage, it is to- I am going to tell you, one of the to support today, now with biological tally inaccurate. It says: problems, of course, is with our refin- capabilities. There are a couple of more points I The oil industry’s definition of ‘‘environ- ing capacity because we are going to mentally sensitive’’ also differs quite radi- have to increase that. The assertion is wish to make. Talk about compat- cally from yours and mine. How can thou- that some of these refineries were ibility, here is something I think is sands of caribou, polar grizzly bear, eagles, closed prior to the Clinton-Gore admin- fairly compatible. This shows a couple birds and other species who survive in what istration. That is fine. But what have of guys out for a walk—3 bears. Why has been dubbed ‘‘America’s Serengeti’’.... we done to increase the refining capac- are they walking on the pipeline? The If you haven’t been up there, this ity? Refining capacity has increased by pipeline is warm. This is in the coastal plain is pretty much the same less than 1 percent while demand has Prudhoe Bay oil field. Nobody is shoot- all over. It is beautiful, it is unique. increased 14 percent in this country. ing those guys. They are happy. They But it has some activity with the vil- What are the causes of price hikes? walk over. I can remember 15 years ago when lages and the radar sites, and you Let’s go to EPA. We have nine geo- they said: You build that pipeline and wouldn’t know where you were along graphical regions in this country that you are going to cut the State in half. this coastal plain because it is all the require reformulated gas. I am not The caribou, the moose will never go same. going to question the merits of that, over from the other side. It just did not They talk about dozens of oil fields. but I can tell you the same gas in They say the road and pipelines would happen. It will not happen because Springfield, IL, can’t be used in Chi- these guys are compatible with the en- stop the movement of wildlife from one cago. It costs more. Is it necessary? I part of the habitat to another, toxic vironment, as long as you don’t harm don’t know, but it costs more because them, chase them, run them down and waste would leak. Let me show some- you have to batch it. thing about the wildlife up here: This so forth. We have talked about President Clin- We have a lot of things going here, is Prudhoe Bay, and this is the wildlife. ton’s veto of ANWR 6 years ago, and given the opportunity. If these Mem- These are not stuffed dummies, these what it would do. We are addressing bers would go back, if you will, to your are live caribou. They are wandering the national security of this country as environmental critics and say: What do around because nobody is shooting we look at depleting our Strategic Pe- you suggest? Can American technology them. Nobody is running them down troleum Reserve. It amazes me that no- overcome, if you will, our environ- with snow machines. This is Prudhoe body is upset about our increased de- mental obligation? Can we open up this Bay. We can do this in other areas of pendence on oil from Iraq, 750,000 bar- area safely? Do we have the science and Alaska. rels a day. Saddam Hussein finishes technology? There is nothing to sug- According to the Wilderness Society, every speech: ‘‘Death to Israel.’’ If gest that we do not have that capa- rivers, streambeds, key habitat for there was ever a threat to Israel’s na- bility. wildlife, will be stripped by millions of tional security, it is Saddam Hussein. This is where we are getting our oil tons of gravel roads. Let me show a lit- He is developing a missile capability, from now, with no environmental con- tle bit about the technology today be- biological capability—what is it for? science about how they are getting it cause it is different. America should Well, it is not for good things. out of the ground. That is irresponsible wake up and recognize this. This is a As a consequence of that, we are see- on their part. drill pad in the Arctic today. There are ing our Nation’s increased reliance on I am going to leave you with one no gravel roads. We have ice and snow crude oil and refined product, increased thought. Here are the people with 9 months of the year. This is an ice vulnerability to supply interruptions, whom I am concerned. Those are the road. That is the well. and we are pulling down our reserves, people who live in my State. This is in Let me show the same place in the and the administration says it is doing a small village. These are the kids summertime, during the short summer, something about it. But I would like to walking down the street. It is snowing, which is 21⁄2 months or thereabouts. know what. It vetoed ANWR, the open- it is cold, it is tough. It is a tough envi- This is after moving the rig. There is ing of ANWR. It says we will get a lit- ronment. the Christmas tree; there is the tundra. tle bit out of SPR. It says we have a One of my friends, Oliver Leavitt, Do you see any marks? Do you see any problem here, we have a problem there. spoke about life in Barrow. That is at gravel roads? Do you see pipelines? No, The PRESIDING OFFICER. The time the top of the world, right up here. You we have the technology, we can do it of the Senator has expired. can’t go any further north or you fall right. We could if the environmental Mr. MURKOWSKI. I ask unanimous off the top. He said I could come to the community would meet its responsibil- consent for another 5 minutes. DIA school to keep warm because the ities. As we look for sources of energy, The PRESIDING OFFICER. Without first thing I did every morning was go particularly oil, do we want to get it objection, it is so ordered. out on the beach and pick up the drift- from the rain forests of Colombia Mr. MURKOWSKI. Mr. President, wood. Of course, there are no trees. The where nobody gives a rat’s concern here are the Iraqi oil exports into the driftwood has to come down the river.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9443 Jacob Adams said: ments. And I oppose the majority lead- Immigration and Naturalization Serv- I love life in the Arctic but it’s harsh, ex- er’s effort to stifle debate by repeat- ice. pensive, and for many, short. My people edly filing cloture on the bill. These figures are through at least want decent homes, electricity and edu- Through his extreme use of cloture the first 15 months of the election cation. We do not want to be undisturbed. and of filling the amendment tree, I’m cycle, and in some cases include con- Undisturbed means abandoned. It means sod afraid the majority leader has reduced tributions given more recently in the huts and deprivation. the Senate to a shadow of its proper cycle: The native people of the Coastal self. And the result has been a Senate Price Waterhouse Coopers, the ac- Plain are asking for the same right of whose legislative accomplishments are counting and consulting firm, has the Audubon Society of Louisiana, the as insubstantial as a shadow. This body given more than $297,000 in soft money same right this administration itself is cannot long exist as merely a shadow to the parties and more than $606,000 in supporting in the Russian Arctic Cir- Senate. PAC money candidates so far in this cle, and the same right the Gwich’ins Yesterday, as he brushed aside calls election cycle. had in 1984 when they offered to lease that the Senate vote on minimum wage Telecommunications giant Motorola their lands. or a patient’s bill of rights, the major- and its executives have given more The oil companies should have ity leader complained that the Senate than $70,000 in soft money and more bought it. There just wasn’t any oil had already voted on those matters. than $177,000 in PAC money during the there. But the Senate has, as yet, failed to period. I recognize the public policy debate enact those matters, and the people And of course ABLI is comprised of about this issue is complex and will in- who sent us here have a right to hold giants in the software industry, who volve issues at the heart of the extreme Senators accountable. have also joined in the political money environmental agenda which is driving And what’s more, by blocking amend- game. our energy policy. It certainly is not ments, the majority leader has also The software company Oracle and its relieving it. blocked Senate consideration and votes executives have given more than At the same time, I think the issue on a number of issues that have been $536,000 in soft money during the pe- can be framed simply as: Is it better to the subject of no votes in the Senate riod, and its PAC has given $45,000 to give the Inupiat people, the people of this year. Let me take a few moments federal candidates. the Arctic, this right? to address two of them, the reform of Executives of Cisco Systems have These people live up here. This is an soft money in political campaigns, and given more than $372,000 in soft money Eskimo village. There is the village. the indefensible practice of racial since the beginning of this election Do you want to give them the right, profiling. cycle. while promoting a strong domestic en- Let me begin my discussion of these And Microsoft gave very generously ergy policy that safeguards our envi- two items that the Senate was not al- during the period, with more than $1.7 ronment and our national security, lowed to take up—campaign finance million in soft money and more than rather than rely on the likes of Sad- and racial profiling—by discussing how half a million in PAC money. dam Hussein to supply the energy? those matters relate to what the Sen- But I should also point out, Mr. The answer in my mind is clear, as ate did take up—the H–1B visa bill. President, that the lobbying on this well as in the minds of the Alaskans. The proponents of the H–1B bill char- issue is hardly one sided. f acterize it as a necessity for our high Many unions are lobbying against it, tech future. It is both more and less including the Communication Workers ORDER OF PROCEDURE than that. of America, which gave $1.9 million in Mr. MURKOWSKI. Mr. President, if I But in a sense, the high-tech indus- soft money during the period, including may, I have been asked to announce try is certainly a large part of the rea- two donations of a quarter of a million speeches and I have just concluded one. son why the Senate considered H–1B dollars last year. And CWA’s PAC gave On behalf of the leader, I ask unani- legislation these past two weeks. I more than $960,000 to candidates during mous consent, following the remarks of would assert, that there is a high de- the period. the majority leader, Senator FEINGOLD gree of correlation between the items The lobbying group Federation for be recognized for up to 25 minutes as in that come up on the floor of the United American Immigration Reform, or morning business, to be followed by States Senate and the items advocated ‘‘FAIR,’’ has lobbied furiously against Senator SESSIONS, under the previous by the moneyed interests that make this bill with a print, radio and tele- order, to be followed by Senator GRA- large contributions to political cam- vision campaign, which has cost some- HAM for up to 20 minutes in morning paigns. where between $500,000 and $1 million, business. American Business for Legal Immi- according to an estimate in Roll Call. The PRESIDING OFFICER. Without gration, a coalition which formed to This is standard procedure these days objection, it is so ordered. fight for an increase in H–1B visas, of- for wealthy interests—you have to pay Mr. REID. Mr. President, I ask unan- fers a glimpse of the financial might to play on the field of politics. You imous consent Senator FEINGOLD be al- behind proponents of H–1Bs. As I’ve have got to pony up for quarter-million lowed to continue until the Senator ar- said, I am not opposed to raising the dollar soft money contributions and rives on the floor. level of H–1B visas. But I do think it’s half-million dollar issue ad campaigns, The PRESIDING OFFICER. Without appropriate, from time to time, when and anyone who cannot afford the price objection, it is so ordered. the weight of campaign contributions of admission is going to be left out in f appears to warp the legislative process, the cold. to Call the Bankroll to highlight what Thus, I believe that campaign finance H–1B VISAS wealthy interests seeking to influence is very much tied up in why the Senate Mr. FEINGOLD. Mr. President, the this debate have given to parties and considered the H–1B bill these past two Senate has just concluded its fourth candidates. weeks. I believe that campaign finance vote in favor of the bill expanding H–1B ABLI is chock full of big political do- is very much tied up in why the Senate visas that America grants each year to nors, Mr. President, and not just from considered the H–1B bill under the tor- people from other countries to work in one industry, but from several different tured circumstances that it did. This is certain specialty occupations. I sup- industries that have an interest in just another reason why I believe that ported the bill on each of these votes. bringing more high-tech workers into this Senate must consider and vote on But I rise today to express how the U.S. I’ll just give my colleagues a amendments that deal with campaign strongly I oppose the manner in which quick sampling of ABLI’s membership finance reform. the majority leader has sought to con- and what they have given so far in this The momentum is building on cam- strain this debate. I oppose the way in election cycle. All the donors I’m about paign finance reform. In recent days, which the majority leader sought, on to mention are companies that rank more and more candidates have offered that bill, as with so many others, to among the top employers of H–1B to swear off soft money and have called prevent Senators from offering amend- workers in the U.S., according to the for commitments from their opponents

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9444 CONGRESSIONAL RECORD — SENATE September 28, 2000 to do without soft money in their cam- In America, all should have the right from a nationwide sampling of jurisdic- paigns. More and more candidates are to travel from place to place free of tions. coming to the realization that taking this unjustified government harass- This is a straightforward bill that re- soft money is a political liability. The ment. None should have to endure this quires only that the Attorney General days of soft money are numbered, and incredibly humiliating experience—and conduct a study. It doesn’t tell police this shadow Senate cannot long hide sometimes even a physically threat- officers how to do their jobs. And it from the political reality. ening one—on the roadsides or in the doesn’t mandate data collection by po- Beyond that subject, there are other backseat of police cruisers. lice departments. The Attorney Gen- important subjects that the majority This practice also damages the trust eral’s sampling study would be based leader is blocking with his heavy-hand- between law enforcement and the com- on data collected from police depart- ed tactics. The Senate may just have munity. Where can people of color turn ments that voluntarily agree to par- considered a bill dealing with immi- for help when they believe that the ticipate in the Justice Department grants, but the Senate has thus far men and women in uniform cannot be study. failed to consider a discussion of a par- trusted? As one Hispanic-American tes- I cannot emphasize enough that this ticular injustice that could well affect tified earlier this year in Glencoe, IL, traffic stops study bill is a truly mod- their lives, as well. after his family experienced racial est proposal. Some would even say it’s The INS’s May report showed that profiling, ‘‘Who is there left to protect a conservative proposal. The American most of those for whom they approved us? The police just violated us.’’ people have become so much more H–1B visas during the period for which Racial profiling chips away at the aware of the issue over the last year, data were available came here from important trust that law enforcement and so many law enforcement agencies countries of the developing world. As a agencies take great pains to develop and State governments have expressed interest in addressing the issue, that large number of those receiving H–1B with the community. When that trust many people are now saying that a visas are people of color, many could is broken, it can lead to an escalation study bill does not go far enough. They become subject to the indefensible of tensions between the police and the argue that we have enough data; we practice of racial profiling. community. It can lead to detrimental know racial profiling exists; we do not If this Senate can find the time to effects on our criminal justice sys- need to study it more; let’s just end it. consider H–1B legislation, I believe tem—like jury nullification and the I understand this sentiment. This is a that it should also find the time to failure to convict criminals at all—be- modest, reasonable proposal that, I consider an amendment that addresses cause some in the communities no hope, will lay the groundwork for de- the issue of racial profiling. longer believes the police officer on the veloping ways to end racial profiling Let me begin my discussion of racial witness stand. Racial profiling is bad profiling by acknowledging the leader- once and for all. policing, and it has a ripple effect Only last month, the son of the great ship of Congressman JOHN CONYERS and whose consequences are only beginning civil rights leader Martin Luther King our friend in this body, Senator FRANK to be felt. Jr. led a march on the Lincoln Memo- LAUTENBERG, the principal authors of In just the last year and a half, since rial to commemorate his father’s leg- the legislation to address this very real we introduced the traffic stops statis- acy. His father inspired a nation 37 problem. tics study bill, we have already seen in- years ago when he said, in words that The problem is this: Millions of Afri- creased awareness of this problem in echoed throughout the world and have can Americans, Hispanic Americans, the law enforcement community, and been etched in history, that he had a immigrants, and other Americans of an increased willingness to address it. dream that one day racial justice racial or ethnic minority backgrounds A growing number of police depart- would flow like a mighty river. Sadly, who drive on our Nation’s streets and ments are beginning to collect traffic our Nation has not fulfilled that highways are subject to being stopped stops data voluntarily. Over 100 law en- dream. As Martin Luther King III for no apparent reason other than the forcement agencies nationwide—in- noted, racial profiling continues to color of their skin. cluding State police agencies like the harm Americans and erodes the impor- This practice, known as racial Michigan State Police—have now de- tant trust that should exist between profiling, targets drivers for height- cided to collect data voluntarily. Elev- law enforcement and the people they ened scrutiny or harassment because of en State legislatures have passed data serve and protect. the color of their skin. Some call it collection bills in the last year or so. President Clinton has endorsed S. ‘‘DWB,’’ ‘‘Driving While Black,’’ or This is tremendous progress from 821, and last June he directed federal ‘‘Driving While Brown.’’ Of course, not where we were when the bill was intro- law enforcement agencies to begin col- all or even most law enforcement offi- duced. I applaud those states and I ap- lecting and reporting data on the race, cers engage in this terrible practice. plaud law enforcement agencies that ethnicity and gender of the people they The vast majority of our men and are collecting data on their own. stop and search at our Nation’s borders women in blue are honorable people But these State and local efforts un- and airports. A coalition of civil rights who fulfill their duties without engag- derscore the need for a Federal role in and law enforcement organizations—in- ing in racial profiling, but the experi- collecting and analyzing traffic stops cluding the ACLU, the NAACP, the Na- ence of many Americans of color has data to give Congress and the public a tional Council of La Raza, and the Na- demonstrated that the practice is very national picture of the extent of the rational Organization of Black Law En- real. cial profiling problem and lay the forcement Executives—also support There are some law enforcement groundwork for national solutions to this legislation. I am pleased that 20 agencies or officers in our country who end this horrendous practice. While we Senators have joined to cosponsor the have decided that if you are a person of can applaud individual states and law bill, and I am hopeful that if allowed to color, you are more likely to be traf- enforcement agencies for taking ac- come to a vote, my amendment would ficking drugs or engaged in other ille- tion, combating racial discrimination enjoy broad support. The House of Rep- gal activities than a white person, de- is one area where a Federal role is es- resentatives passed a similar bill by spite statistical evidence to the con- sential. Our citizens have a right to ex- voice vote in the 105th Congress, and trary. In a May 1999 report, the Amer- pect us to act. this March, the House Judiciary Com- ican Civil Liberties Union reported I am pleased to have joined my dis- mittee passed the bill again. It’s time that along I–95 in Maryland, while only tinguished colleague from New Jersey, we passed it in the Senate, too. roughly 17 percent of the total drivers Senator LAUTENBERG, in introducing S. Racial profiling and soft money cam- and traffic violators were African 821, a companion bill to the bill intro- paign finance reform are issues that de- American, an astonishing 73 percent of duced in the House by Representatives serve consideration in the Senate. Re- the drivers searched were African JOHN CONYERS and ROBERT MENENDEZ. grettably, the procedures that the ma- American. The legislation that Senator The bill would require the Attorney jority leader employed to consider the LAUTENBERG and I have sponsored General to conduct an initial analysis H–1B bill and too many other bills have would allow us to get an even better of existing data on racial profiling and so far blocked their consideration. Be- picture. then design a study to gather data fore this Senate adjourns sine die, I

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9445 hope that we will have an opportunity substitute, as amended, be agreed to, Mr. LOTT. All right. We still have 10 to address these, and many other issues the bill be advanced to third reading, minutes under the control of Senator that demand attention. If it fails to, and final passage occur at 10 a.m. on MCCAIN. We will call and see if he this Senate’s mark in history will be Tuesday, without any intervening ac- wants to take advantage of that. no more permanent than a shadow. tion or motion or debate, and that The PRESIDING OFFICER. Without Mr. President, I yield the floor. paragraph 4 of rule XII be waived. I fur- objection, it is so ordered. Mr. REID. Mr. President, I suggest ther ask consent that the time between Mr. LOTT. We will come back to that the absence of a quorum. 9:30 and 10 a.m. on Tuesday be equally later. The PRESIDING OFFICER. The divided between the two managers for clerk will call the roll. closing remarks. f The assistant legislative clerk pro- The PRESIDING OFFICER. Is there ceeded to call the roll. objection? UNANIMOUS-CONSENT REQUEST— Mr. REID. Mr. President, I ask unan- Without objection, it is so ordered. H.R. 4986 imous consent that the order for the Mr. LOTT. Let my just say, Mr. quorum call be rescinded. President, we have one additional part Mr. LOTT. Mr. President, with regard to H.R. 4986, I ask unanimous con- The PRESIDING OFFICER (Mr. BEN- of this H–1B request we hope to be able sent that notwithstanding rule XXII, NETT). Without objection, it is so or- to clear momentarily. But the inter- dered. ested parties are reviewing the lan- the Senate now turn to the consider- Mr. REID. Mr. President, the junior guage of the substitute. When we get ation of Calendar No. 817, which is H.R. Senator from Alabama is on the floor. that reviewed, then we will ask consent 4986, relating to foreign sales corpora- I want to express publicly my apprecia- that the bill be laid aside until 9:30 tions, and following the reporting of tion. We had a Senator over here who a.m. on Tuesday and that the Senate the bill by the clerk, the committee had some time problems. He graciously proceed to the visa waiver bill. But we amendments be agreed to, with no allowed him to go first, for which I am will clarify that in just one moment. other amendments or motions in order, and the bill be immediately advanced very grateful, something he did not f have to do. He did it because he is a to third reading and passage occur, all UNANIMOUS CONSENT AGREE- without any intervening action or de- southern gentleman. I appreciate it MENT—ENERGY/WATER APPRO- very much. bate. PRIATIONS CONFERENCE RE- I further ask consent that the Senate The PRESIDING OFFICER. The Sen- PORT ator from Nevada. then insist on its amendment, request Mr. LOTT. Now, with regard to the a conference with the House, and the f energy and water appropriations con- Chair be authorized to appoint con- MEASURE READ THE FIRST ference report, I ask unanimous conferees on the part of the Senate, which TIME—S.J. RES. 54 sent that notwithstanding rule XXII, will be Senators ROTH, LOTT, and MOY- following H–1B consideration, the Sen- NIHAN. Mr. REID. Mr. President, I under- ate proceed to the energy and water ap- The PRESIDING OFFICER. Is there stand that S.J. Res. 54, introduced ear- propriations conference report and that objection? lier today by Senator KENNEDY and the report be considered as having been Mr. REID. Mr. President, reserving others, is at the desk. I ask for its first read and considered under the fol- the right to object. reading. lowing agreement: 1 hour equally di- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The vided between the chairman and the ator from Nevada. clerk will report the bill for the first ranking member of the Appropriations Mr. REID. I know everyone has time. subcommittee, 20 minutes equally di- worked hard on this. We do have a The assistant legislative clerk read vided between the chairman and rank- number of Senators who want to offer as follows: ing member of the full committee, and amendments. Until we get that worked A joint resolution (S.J. Res. 54) expressing 10 minutes under the control of Sen- out, I object. the sense of Congress with respect to the ator MCCAIN. The PRESIDING OFFICER. Is there peace process in Northern Ireland. I further ask consent that following objection? Mr. REID. I now ask for its second the use or yielding back of time, the Without objection—— reading and object to my own request. vote occur on adoption of the con- Mr. LOTT. No. He did object. The PRESIDING OFFICER. Objec- ference report immediately, without The PRESIDING OFFICER. Objec- tion is heard. any intervening action or debate. tion is heard. Mr. LOTT addressed the Chair. The PRESIDING OFFICER. Without Mr. LOTT. Let me just say, Mr. The PRESIDING OFFICER. The ma- objection, it is so ordered. President, that I did ask for consent on jority leader. Mr. REID addressed the Chair. this bill out of the Finance Committee The PRESIDING OFFICER. The Sen- f dealing with foreign sales corporations. ator from Nevada. And, of course, this is the result of Mr. REID. Because of the lateness of UNANIMOUS CONSENT WTO decisions, trying to get the U.S. the day, I ask unanimous consent that AGREEMENT—S. 2045 laws to comply with that decision. any time I have be returned to the Mr. LOTT. Mr. President, with re- We did clear it on this side. I under- Chair. I will submit a written state- gard to the H–1B legislation, I now ask stand there are some Senators on the ment setting forth my views on the unanimous consent that notwith- Democratic side who wish to offer bill. standing rule XXII, following the pre- The PRESIDING OFFICER. Without amendments. A lot of the amendments viously ordered morning business objection, it is so ordered. on the list I saw were the usual sus- speeches, the Senate resume consider- Mr. DOMENICI addressed the Chair. pects that have now been offered that ation of S. 2045, the H–1B bill, and the The PRESIDING OFFICER. The Sen- do not relate to the bill. I understand following pending amendment Nos. ator from New Mexico. that has to be worked out. Senator 4214, 4216, and 4217, be withdrawn and Mr. DOMENICI. Mr. Majority Leader, REID and others will be trying to clear the motion to recommit be withdrawn might I ask a question? Did you get up those objections based on those in order to offer a managers’ amend- some time for the Senator from New amendments. ment containing cleared amendments Mexico? But I do want to say, if there is any limited to 5 minutes equally divided in Mr. LOTT. We do have time equally germane or relevant amendment to the usual form. divided between the chairman, the Sen- this bill, certainly we will work to I further ask consent that following ator from New Mexico, and the ranking make sure that will be included in the the adoption of the managers’ amend- member. agreement. ment, no further amendments be in Mr. DOMENICI. I will yield back my Failing that, this is something we order, and amendment No. 4177, as time to the Chair. I have a statement I need to do, and I hope we can get it amended, be agreed to, the committee will submit shortly. cleared up in the next few days.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9446 CONGRESSIONAL RECORD — SENATE September 28, 2000 UNANIMOUS-CONSENT REQUEST— sary of the birth of James Madison, ment might dominate all States. In S. 2015 who clearly earned the title: Father of month after month of untiring argu- Mr. LOTT. Mr. President, with re- our Constitution. ment, careful persuasion, and creative gard to the Stem Cell Research Act of This great American devoted his life compromise, Madison reached answers 2000, Senator SPECTER has been very to the service of his country and his upon which the delegates could agree. energetic in pursuing the opportunity fellow man, and that service played an There would be a Federal Government to offer this legislation. essential role in creating and proof separated and enumerated powers. As I had agreed earlier, I now ask tecting the constitutional liberty that Large States would have their votes unanimous consent that notwith- we enjoy today. based on population in the House of standing rule XXII, the HELP Com- Accordingly, I intend to offer the bi- Representatives. Small States would mittee be discharged from further con- partisan James Madison Commemora- have equal, two-vote, representation in sideration of S. 2015, and the Senate tion Commission Act to celebrate the this body, the Senate. proceed to its immediate consideration life and contributions of this small Further, the powers of the Federal under the following terms: 3 hours on man who was a giant of liberty. Government would be limited to enu- the bill to be equally divided in the James Madison was born on March merated objects in order to protect all usual form; that there be up to one rel- 16, 1751 in Port Conway, VA. He was the States from Federal overreaching. evant amendment in order for each raised at Montpelier, his family’s es- Madison described the Federal Repub- leader, that they be offered in the first tate in Orange County, VA. He at- lic, states and federal governments, degree, limited to 1 hour equally di- tended the College of New Jersey, now that the Constitution envisioned as fol- vided and not subject to any second-de- known as Princeton University, where lows: gree amendments; that no motions to he excelled academically and grad- In the compound republic of America, the commit or recommit be in order. uated in 1771. Shortly after his gradua- power surrendered by the people is first di- I further ask unanimous consent that tion, Madison embarked on a legal ca- vided between two distinct governments, and following the conclusion or use of the reer. In 1774, at the age of 23, Madison then the portion allotted to each subdivided debate time and the disposition of the entered political life. He was first among distinct and separate departments. above-described amendments, the bill elected to the Orange County Com- Hence a double security arises to the rights be advanced to third reading and a vote mittee of Safety. Following that, he of the people. The different governments will occur on passage of the bill, as amend- control each other, at the same time that was elected as delegate to the Con- each will be controlled by itself. ed, if amended, all without any inter- stitutional Convention of Virginia in He was writing that in Federalist No. vening action or debate. 1776. He next served as a member of the 51. The PRESIDING OFFICER. Is there Continental Congress from 1780 to 1783. objection? In addition to playing a leading role This provided him marvelous insight in framing this new government, Madi- Mr. REID. Reserving the right to ob- into the nature of our early American ject, Mr. President, I have a number of son also made detailed notes on the government and ideals. proceedings of the Constitutional Con- questions under my reservation. First After America won its freedom at vention. Madison’s notes on the Con- of all, we were of the understanding Yorktown, the country looked to stitutional Convention have proven the that this unanimous consent that was strengthen the government that had most extensive and accurate account of proposed had not been cleared on the proven too helpless under the Articles how our Founding Fathers framed the majority leader’s side earlier today. of Confederation. A Constitutional Mr. LOTT. There very well could be greatest form of government in the his- Convention was called in Philadelphia. objections on this side, too. tory of mankind. Mr. BROWNBACK. I will object to It was here that Madison was to play Once the Constitutional Convention this proposal. the most important role of his life, reached an agreement, the States had Mr. LOTT. I think there are objec- dwarfing, in my view, his subsequent to ratify the Constitution and make it tions on both sides to this, but I made excellent service to his country. binding fundamental law. Madison con- From 1784 to 1786, Madison was a a commitment to do everything I could tributed to that fight for ratification member of the Constitutional Conven- to try to get this issue to be considered in three ways. It was a critical, tough tion. He served as a primary draftsman by the full Senate. Senator SPECTER fight. feels very strongly about it, is com- of the Constitution. Thomas Jefferson, First, he joined with Alexander Ham- mitted to it, and has been reasonable who was in France at the time, and ilton and John Jay in drafting the Fed- in waiting for an opportunity to offer who did not participate in the Con- eralist Papers which were circulated it. I know there are objections to it on stitutional Convention, did suggest a among New York newspapers under the both sides, and there is no question number of books that would aid the pseudonym Publius. that there is objection on this side. I young draftsman in preparing for his These papers contained perhaps the felt constrained to make this effort. It historic task. With these books and most vivid and profound pages of prac- is a serious effort. others, Madison engaged in an exten- tical political philosophy ever pro- Mr. REID. If I may say to the leader, sive study of the ancient governments duced. They answered with force and Senator SPECTER has spoken to me. I of Greece and Rome and of the more eloquence the arguments of the anti- know how intensely he feels about the modern governments of Italy and Eng- federalists and helped sway public issue. I said the same thing to him that land, among others. No one came to opinion toward ratification. the leader has said, that I would do ev- Philadelphia so intentionally, prac- Second, Madison fought in the Vir- erything I could to get this worked tically, and historically prepared to ginia ratification convention for the out. Whoever is not allowing it to be create a new government. adoption of the Constitution. cleared, it is not being cleared now. Madison posed his task as follows: It was critical that Virginia ratify The PRESIDING OFFICER. Is there If men were angels, no government would the Constitution. Joining with John objection? be necessary. If angels were to govern men, Marshall, the future great Chief Jus- Mr. BROWNBACK. I object. neither external nor internal controls on tice of the Supreme Court, Madison ar- The PRESIDING OFFICER. Objec- government would be necessary. In framing a tion is heard. government which is to be administered by gued against the fiery orator, Patrick Mr. LOTT. I yield the floor, Mr. men over men, the great difficulty lies in Henry. Henry, who argued so forcefully President. this: you must first enable the government for declaring independence from Great The PRESIDING OFFICER. Under to control the governed; and in the next Britain, charged that the new Con- the previous order, the Senator from place, oblige it to control itself. stitution would vest too much power in Alabama is recognized. This he wrote in Federalist No. 51. the Federal Government. Madison At the convention, delegates made f countered that the powers of the Fed- impassioned arguments regarding the eral Government would be limited to JAMES MADISON COMMEMORA- relative powers of big States, small enumerated objects and subject to the TION COMMISSION ACT States, Northern States, Southern control of people. Mr. SESSIONS. Mr. President, March States, and there were those who Third, Madison helped to develop the 16, 2001, will mark the 250th anniver- feared that a strong national govern- Bill of Rights which limited the power

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9447 of the Federal Government further and What is government itself but the greatest expenses of publishing the book and ensured the power of the states and the of all reflections on human nature? hosting a symposium. liberty of the people. He was a critical And a constitution that protects lib- The Commission will expire after its drafter in the development of the Bill erty is suited to a people who love lib- work is done in 2001. of Rights. erty to the extent that they are willing Mr. President, I believe this work is Madison’s herculean efforts, along to fight and die for it. truly important to our country. I ask with the efforts of others, resulted in So, Mr. President, it is with great all my colleagues—and we have had a the ratification of the Constitution pride that I join with other Senators growing number of individuals who with a Bill of Rights. This constitu- on both sides of the aisle, including have joined as co-sponsors of this bill— tional government enabled a fledgling Senators BYRD, THURMOND, MOYNIHAN, to join in this effort to commemorate democracy to grow into the most pow- WARNER, and ROBB, to offer at the ap- the Father of our Constitution and per- erful force for liberty the world has propriate time, this bill establishing haps the greatest practical political ever known. He was the right man at the James Madison Commemoration scientist who ever lived, James Madi- the right time. Commission. The Commission will cel- son. Notwithstanding Madison’s intellec- ebrate the 250th anniversary of James I yield the floor. tual prowess and the thoughtful, reflec- Madison’s birth on March 16, 2001. Mr. KENNEDY. Mr. President, I am tive approach he brought to problem- The commission will consist of 19 pleased to gain Senator SESSIONS as a solving, humility was the hallmark of members: The Chief Justice of the Su- cosponsor of the James Madison Com- this man. In later years, when he was preme Court, the Majority and Minor- memoration Commission Act. It is ap- referred to as the Father of the Con- ity Leaders of the Senate, the Speaker propriate that we honor James Madi- stitution, Madison modestly protested and Minority Leader of the House, the son for his exemplary contributions to that the document was not ‘‘the off- Chairmen and Ranking Members of the our country. spring of a single brain’’ but ‘‘the work Senate and House Judiciary Commit- The Commission will build on the of many heads and many hands.’’ It tees, two Members of the Senate se- success of the James Madison Fellow- was true, but it was done under his lected by the Majority Leader, two ship Foundation, which Senator HATCH nurturing care. Members of the Senate selected by the and I cochair. We are very proud of the After Madison’s service at the Con- Minority Leader, two Members of the work of the Madison Fellows. They are stitutional Convention, he served in House of Representatives selected by among the most accomplished, tal- the U.S. House of Representatives for the Speaker, two Members of the House ented, and dedicated educators in the four terms. When Thomas Jefferson of Representatives selected by the Mi- Nation. They are committed to edu- was elected President in 1801, he se- nority Leader of the House, and two cating children across the country lected Madison to serve as his Sec- members of the Executive Branch se- about the value of learning, the impor- retary of State. lected by the President. A person not tance of the Constitution, and the sig- At the conclusion of Jefferson’s ad- able to serve may designate a sub- nificance of public service. ministration, the American people stitute. Members will be chosen based I hope that this new Commission twice elected James Madison President on their position at the end of the 106th honoring James Madison will breathe of the United States. As President, he Congress and will continue to serve new life into the Constitution for peo- watched over the very government he until the expiration of the Commission. ple across the country. played such a crucial role in creating. The bill will also create an Advisory The PRESIDING OFFICER. The Sen- And his steady leadership in the War of Committee with 14 members, includ- ator from Pennsylvania is recognized. 1812 against Great Britain helped guide ing: the Archivist of the United States, f America to victory. the Secretary of the Smithsonian Insti- STEM CELL LEGISLATION While these accomplishments are re- tute, the Executive Director of Mont- markable indeed, the really remark- pelier, the President of James Madison Mr. SPECTER. Mr. President, I was able thing is the enduring nature of University, the Director of the James not on the floor a few moments ago Madison’s imprint on American his- Madison Center, the President of the when the distinguished majority leader tory. Amended only 17 times after its James Madison Memorial Fellowship and the assistant leader for the Demo- ratification with the Bill of Rights, the Foundation, 2 persons who are not crats had a colloquy when the majority Constitution that Madison drafted still Members of Congress selected by the leader propounded a unanimous con- provides the same basic structure upon majority leader of the Senate, with ex- sent request concerning legislation on which our government operates today pertise on the legal and historical sig- stem cells. I think it useful to make a and that we comply with every day in nificance of James Madison, 2 persons brief comment or two and then to have, this body. who are not Members of Congress, se- if I might, a brief discussion with the The Supreme Court still quotes the lected by the minority leader of the majority leader about what will happen Federalist Papers that Madison draft- Senate, 2 persons who are not Members on the future of the bill. ed. And Madison’s concept of fed- of Congress, selected by the Speaker of The stem cell legislation in question eralism is the subject of renewed de- the House, and 2 persons who are not would eliminate the prohibition now in bate in the Supreme Court and Con- Members of Congress, selected by the effect which limits the use of Federal gress at this time. minority leader of the House. funds, principally from the National The Constitution that Madison draft- With the aid of the Advisory Com- Institutes of Health, from paying for ed, and his writings that have guided mittee, the Commission will: extracting stem cells from embryos. generations of Americans in inter- 1. Publish a collection of Madison’s Once the stem cells have been ex- preting that Constitution, are still the most important writings and tributes tracted from embryos, then Federal envy of the world. Madison’s wisdom to Madison; funds may be used on their research, and foresight have been proven by the 2. Coordinate and plan a symposium and private funds—if I might have the indisputable success of the American to provide a better understanding of attention of the majority leader for a constitutional experiment. Indeed, Madison’s contributions to American moment while we discuss the stem cell while we are a young country, this na- political culture; issue, as to what is going to happen tion has the oldest continuous written 3. Recognize other events celebrating next. Without describing the legisla- Constitution in the world. It is a bea- Madison’s life and contributions; tion—which I can in a minute—I ask con and example for others. Many try 4. Accept essay papers from students the distinguished majority leader what and are not able to make it work, but on Madison’s life and contributions and he anticipates in the future. they have modeled their constitutions award certificates as appropriate; and When this issue to eliminate the lim- so often after ours. 5. Bestow honorary memberships on itation on funding was stricken from Why has it worked? Because Madison the Commission and the Advisory Com- the appropriations bill last year, it was understood that the law must be suited mittee. done so after I consulted with the ma- to the people it is intended to govern. The bill authorizes $250,000 for the jority leader because concluding it In Federalist No. 51, Madison stated: Commission. This will be used for the would have resulted in a filibuster and

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9448 CONGRESSIONAL RECORD — SENATE September 28, 2000 tied up that appropriations bill. The disagree with me. I am not looking for purposes of extracting stem cells. When majority leader made a commitment, a response at this time. Senator LOTT we have the fetal tissue discussion, which he has fulfilled today, to bring is well known to have an open mind on many people are concerned that they the bill to the floor. controversial issues and on matters not will produce more abortions to have It had been my hope that we would debated. I agree with him when he says fetal tissue available. In fact, that was have had the bill on the floor at an ear- it is subject to passionate feelings on not the case—fetal tissue was used lier time, but I fully understand the both sides. from abortions which would have oc- complexities of the schedule; and once We had debates and witnesses. We curred in any event. we had reached September, the only had seven hearings on this issue. We It is not a controversial pro-life way to deal with the matter was on a had Senator BROWNBACK, the principal versus pro-choice issue as we have had limited time agreement to be obtained opponent of the legislation, to testify, many Senators who are strongly pro- through unanimous consent. and Congressman JAY DICKEY, the prin- life support stem cell research in this So it is my hope that the intent and cipal opponent of the legislation in the legislation. Senator STROM THURMOND, the thrust of what was proposed—I House, to testify. who is very strongly pro-life and an ac- think intended—was that that the bill The hearings have always been bal- knowledged very conservative Senator, would be on the calendar and consid- anced, and we have had people who testified before the subcommittee in ered when we reconvened, when it have opposed the legislation at every favor of this legislation to have Fed- would not have to be subjected to a one of the hearings. eral funding for extraction of stem unanimous consent request, but it It is a matter which is appropriate cells from embryos. might have to pass a filibuster vote on for the Senate to consider. I appreciate Senator CONNIE MACK of Florida has a motion to proceed. what the majority leader has said spoken about this bill, another pro-life Mr. LOTT. Mr. President, if the Sen- about giving consideration to an early Senator speaking in favor of it. Very ator from Pennsylvania will yield, let listing next year, and not making a strong statements have come from me acknowledge the fact that the Sen- commitment on pressing a cloture mo- Senator GORDON SMITH, who is pro-life ator from Pennsylvania did agree at a tion. I think a cloture motion could be and very concerned about these under- critical moment last year to remove filed by any 17 Senators. But we are lying issues, as to why he feels the bal- this issue from the Labor-HHS-Edu- not going to get involved in that at ance is in favor of this sort of legisla- cation appropriations bill so we could this time. tion. complete it. It was clearly one of the But I did want to say for the RECORD Since the issue was mentioned and difficulties we were having in wrapping why I believe it is important that the there is not another Senator on the matter be considered. And it is because up the session. floor seeking recognition, I thought I I committed at that time that we stem cells have such a remarkable op- would explain in abbreviated form would make an effort to get it up this portunity to cure many of the most dif- where this legislation is pending, and year and that I would do that. We prob- ficult maladies and diseases which con- why I have been pressing. It comes nat- ably should have made this effort ear- front America and the world today. urally within the subcommittee of ap- lier. I owe him an apology for not doing These stem cells have the potential to propriations which I chair. be placed in the human body to replace that. Let me say, in recent days we The prohibition against use of Fed- other cells. have tried to clear it. There is objec- eral funds to extract stem cells from We had testimony, for example, from tion to it. I believed it was important embryos was placed in a bill which Michael J. Fox, who suffers from Par- came out of this subcommittee. When that I go ahead and make that request kinson’s. We had the experts testify publicly because we made that com- the prohibition was imposed, there was that these stem cells could be enor- no one who really knew the miraculous mitment to the Senator. mously effective in curing Parkinson’s. I know how strongly the Senator potential of stem cells, it being a That is an obtainable goal perhaps in from Pennsylvania feels about this veritable fountain of youth. This only as early as 5 years. issue, and a lot of other people feel came into existence with the research The stem cells may also be useful on disclosed in November of 1998. Since very strongly about it. I know we had Alzheimer’s disease, on strokes, on spi- some testimony on it within the last that time, our subcommittee has had nal cord injuries, perhaps on cancer, seven hearings to explore the issue couple of weeks in the Senate. There and perhaps on heart ailments. are strong and passionate feelings very fully. There is virtually no limit to what It is my hope that the matter will about it on both sides in terms of what these stem cells can do. They are a come before the Senate early next it can do for some health problems, and veritable fountain of youth. year. I appreciate what the majority there are others who obviously think I have said publicly that I understand leader has had to say. We will let the this is an improper use. I am sure it those on the other side of the issue. It Senate work its will. Let us consider will be a good debate whenever it is de- involves taking an embryo which has it. Let us debate it. Let us analyze it bated and wherever it is debated. I will been created for purposes of in vitro and come to judgment on it, which is work with the Senator next year to try fertilization but not used. These em- our role as legislators, in a way which to get it up earlier in the session. Be- bryos are discarded. There are some considers all of the claims and con- fore I make a commitment at this time 100,000 embryos in existence today siders all of the positions but resolves that I will file cloture, I have to make which will not be used. So the issue is the matter so that public policy will be sure it will not fall through and I can whether you simply discard these em- determined in accordance with our con- keep that commitment. bryos which will have no further effect, stitutional standards and our legisla- But I will work with him to see that or whether you use these embryos to he gets a shot at it. He always has the tive procedures. produce stem cells which can cure I thank the Chair. I yield the floor. opportunity to offer amendments on many very serious maladies. In the absence of any other Senator bills that come along. There is not just There are other alternatives such as seeking recognition, I suggest the ab- one way to get it done. I do believe I adult stem cells. But the scientific evi- sence of a quorum. owe him a commitment to keep work- dence has been very compelling, in my The PRESIDING OFFICER. The ing with him. Even though I don’t nec- judgment, that adult stem cells cannot clerk will call the roll. essarily agree with him on the sub- do the job, but stem cells can from em- The legislative clerk proceeded to stance, I think on the procedure I have bryos. call the roll. an obligation to keep a commitment to There are also stem cells from fetal THE PRESIDING OFFICER. The help him. tissue. Those stem cells are limited, Senator from Minnesota is recognized. Mr. SPECTER. Mr. President, I and we really need the stem cells from MR. GRAMS. I thank the Chair. thank the distinguished majority lead- these embryos to provide the research (The remarks of Mr. GRAMS and Mr. er for his statement. I appreciate his opportunities to cure so many of these SESSIONS pertaining to the introduc- last statement that he doesn’t nec- ailments. tion of S. 3138 are located in today’s essarily agree with me, which leaves This is not an issue which is going to RECORD under ‘‘Statements on Intro- some room that he doesn’t necessarily lead to the creation of embryos for the duced Bills and Joint Resolutions.’’)

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9449 The PRESIDING OFFICER. The Sen- With such rapid change, the economy ceived 26 messages in one day. A ator from New Mexico. is stretched thin to support these new human resource executive at a trade Mr. DOMENICI. Mr. President, I have businesses and the growth opportuni- association confirms that this problem two unanimous consents that have ties they present. The constraint cited is a constant issue. Employers often been agreed to on the other side. I will most often on future growth of the ask the age of an applicant and reject make them as expeditiously as I can. high-technology industry is the short- older applicants without ever inter- f age of men and women with the skills viewing them. and technical background needed for John Miano, head of the American AMERICAN COMPETITIVENESS IN jobs in the industry. Several factors Programmer’s Guild, argues that once THE TWENTY-FIRST CENTURY are contributing to this shortage, in- a worker is laid off, it is very difficult ACT OF 2000—Resumed cluding an inaccurate, negative image to find a new job, in contrast to young- Mr. DOMENICI. Mr. President, on H– of IT occupations as overly demanding, er workers. Companies often unfairly 1B, I ask unanimous consent the Sen- the under-representation of women and view older workers as ‘‘dirty linen.’’ ate now resume S. 2045, the H–1B bill, minorities in the IT workforce, and These and countless other experiences and the managers’ amendment be outdated academic curricula that often support the need for a more responsible agreed to, which is at the desk, and all do not keep pace with industry needs. approach to H–1B legislation. And simi- other provisions of the consent be in All of us want to be responsive to the lar problems face women and minori- order. nation’s need for high-tech workers. ties who are under-represented in the The PRESIDING OFFICER. Without We know that unless we take steps now IT workforce. objection, it is so ordered. to address this growing workforce gap, Although many new jobs are created The amendments (Nos. 4214, 4216 and America’s technological and economic in the IT industry each year, we also 4217) were withdrawn. leadership will be jeopardized. The H– know that thousands of IT workers The motion to recommit was with- 1B visa cap should be increased, but in were laid off in 1999. For example 5,180 drawn. a way that better addresses the funda- workers lost their jobs at Electronic The amendment (No. 4275) was agreed mental needs of the economy. Raising Data Systems, 2,150 at Compaq, and to. the cap without seriously addressing 3,000 at NEC-Packard Bell. (The text of the amendment is print- our long-term labor needs would be a We also know that some IT compa- ed in today’s RECORD under ‘‘Amend- serious mistake. nies classify their workers as inde- ments Submitted.’’) The legislation before us today in- pendent contractors or temporary The amendment (No. 4177), as amend- cludes provisions that respond to what workers, rather than as employees, to ed, was agreed to. American workers, students and em- avoid paying them benefits. In fact, it The committee substitute, as amend- ployers have been telling Congress: has been said that ‘‘if all categories of ed, was agreed to. that any credible legislative proposal contingent workers are included—tem- The bill (S. 2045), as amended, was or- must begin with a significant expan- porary, part-time, self-employed, and dered to a third reading and was read sion of career training and educational contract workers—almost 40% of all the third time. opportunities for our workers and stu- employment in Silicon Valley are con- Mr. HATCH. Mr. President, let me dents. Expanding the number of H–1B tingent workers.’’ This mis-classifica- highlight our intent about how the Im- visas to meet short-term needs is no tion scheme also contributes to numer- migration and Naturalization Service substitute for long-term solutions to ous positions being seemingly ‘‘un- (INS) should implement this legisla- fully develop the potential of our do- filled,’’ because official ‘‘employees’’ tion with respect to physicians who mestic workforce. It makes sense to are not performing those functions. seek H–1B visas. The INS currently re- ask that more of our workers be re- This practice perpetuates an artifi- quires that each applicant for an H–1B cruited and trained for these jobs. cially higher number of ‘‘open’’ posi- visa who wishes to work as a physician I commend Senator LIEBERMAN, Sen- tions than actually exist. must have passed the three parts of the ator CONRAD, and other colleagues for Although it makes sense to provide United States Medical Licensing Ex- their valuable contributions to the pro- an increase in the H–1B cap through FY amination (USMLE) and, if required by posed training provisions. The training 2002, the unprecedented cap exemptions the state in which he or she will be provided will ensure that the H–1B pro- in the Hatch bill are unwarranted. practicing, be licensed. Due to the in- gram will provide our workers with the Those exemptions would permit 40,000 creased number of physicians who may skills needed to benefit from this grow- workers above the 195,000 cap to receive work in the U.S. under H–1B visas with ing economy and to help our companies an H–1B visa. The resulting figure is the passage of this legislation, it is continue to grow. well above the number of visas that even more important that the INS con- A REASONABLE INCREASE IN THE H–1B VISA CAP even the most ardent IT lobbyists firm successful completion of all parts IS JUSTIFIED, BUT IT MUST BE TEMPORARY claim are needed. Exempting all those of the USMLE each time an individual AND SUFFICIENTLY TAILORED TO MEET EXIST- with advanced credentials will result in physician applies for, or seeks renewal ING SHORT-TERM NEEDS a significant increase in the number of of, an H–1B visa. A temporary influx of foreign work- persons within the cap who have less Mr. KENNEDY. Mr. President, our ers and students is needed in the short- specialized skills, and who are in occu- Nation’s economy is experiencing a term to help meet the demands by U.S. pations ranging from therapists to time of unprecedented growth and firms for high skilled workers. But we super models. This is not the direction prosperity. This strong economic shouldn’t count on foreign sources of in which the H–1B visa program should growth can, in large measure, be traced labor as a long-term solution. It is un- be moving. The bill should not focus to the vitality of the fast-growing high fair to U.S. workers, and the supply of solely on the number of visas available technology industry. Information tech- foreign workers is limited. for foreign skilled workers. It should nology, biotechnology and associated It makes sense to insist that more of also emphasize employers’ needs for as manufacturers have created more new our domestic workers must be re- many workers with the highest profes- jobs than any other part of the econ- cruited into and placed in these jobs. sional credentials as possible, who pos- omy. Countless reports cite age and race dis- sess specialized skills that cannot be The rapid growth of the high-tech in- crimination as a major problem in the easily and quickly reproduced domesti- dustry has made it the nation’s third IT industry, along with the hiring of cally. largest employer, with 4.8 million foreign workers and lay-off of domestic I am strongly in favor of supporting workers in high-tech related fields, workers. our institutions of higher education working in jobs that pay 70 percent A Dallas Morning News article de- and research groups. But the two types above average income. The Bureau of scribes how Ken Schiffman of Texas re- of exemptions in the bill overlap and Labor Statistics projects that the num- ceived only one or two responses to his are unnecessarily complex. The first ber of core IT workers will grow to a resume over a long period of time, exemption addresses a genuine need of remarkable 2.6 million by 2006—an in- until he deleted all direct and indirect universities who face difficulty com- crease of 1.1 million from 1996. references to his age. After that, he re- peting with the high tech industry for

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9450 CONGRESSIONAL RECORD — SENATE September 28, 2000 visas. But universities and research or- ers with computer-related skills are for nues can be reasonably and fairly ob- ganizations would be just as easily technical support staff, such as cus- tained by charging $1,000 per new visa, served by reserving for them 12,000 a tomer service and help desks, database or visa extension, or request to change year within the cap. administrators, web designers, and employers. As in current law, employ- The second exemption is for students technical writers. According to the sur- ers from educational institutions and graduating in the U.S. with any ad- vey’s own description of these occupa- non-profit and governmental research vanced degree, as long as they apply tional fields, these positions simply re- organizations should remain exempt within a certain time frame. But it quire entry-level and moderate-level from all fees. should not matter when they grad- skills. We clearly need to greatly accel- This fee is fair. Immigrant families uated or where they graduated. The ex- erate training for all skill levels, not with very modest incomes were able to emptions will cause administrative just the most advanced level. pay a $1,000 fee to allow family mem- problems that we should not impose on Recent studies have also dem- bers to obtain green cards. Certainly, INS. onstrated the strong correlation be- high tech companies can afford to pay Instead, we should ensure that work- tween educational attainment and in- at least that amount during this pros- ers with an advanced degree have pri- creases in worker productivity. A year perous economy. ority for H–1B visas within the cap, and of structured employer-directed train- PROVIDING STATE-OF-THE ART TRAINING FOR are subject to the same requirements ing can also produce a substantial in- 46,000 U.S. WORKERS as all other applications. No evidence crease in productivity. With such a reasonable and fair fee exists that proves or even implies that Congress must help fund such efforts. structure, the training plan in this there is a shortage of American ad- We cannot turn our backs on American amendment will receive roughly $154 vanced degree holders in all subject workers and employers who need our million to substantially expand the ex- areas. Yet the bill ignores this point help. isting program to provide state-of-the- art high tech training for 46,000 work- and specifically permits all foreign Many high-tech companies are in- ers a year, primarily in high tech, in- graduates to receive a visa. vesting significant resources in edu- The unprecedented exemptions con- cation, and to a limited extent, in formation technology, and biotechnology skills. tained in this bill will only add to the training programs. In reviewing these It requires the Department of Labor, examples, however, it is clear that the already troublesome task faced by INS in consultation with the Department of focus of their contributions is on edu- to process visas. We should not make a Commerce; to provide grants to local cation, not worker training. bad situation for U.S. students and the workforce investment boards in areas Thie effort does not come close to INS even worse by passing this bill with substantial shortages of high tech meeting the nation-wide need for in- with the current exemptions. workers. Grants would be awarded on a The exemptions in the bill and the vestment in training. Only when busi- competitive basis for innovative high abundance of IT workers they would nesses address the shortage of highly tech training proposals developed by create are an irresponsible approach to skilled workers as a national problem the workforce boards collaboratively increasing the cap, especially given the with a national solution—rather than a with area employers, unions, and high- very real existing questions about the company-by-company approach to er education institutions. true extent of the IT skill shortage. worker training—will our workforce be The training proposal builds on the As we address the needs of the IT in- able to meet the growing demand for priorities specified in current H–1B dustry, in addition to raising the H–1B high skills, so that our economy will law. It will serve those who are cur- visa cap, we must place laid off work- continue to prosper. The federal gov- rently employed and are seeking to en- ers in new jobs, enforce our labor laws, ernment has an obligation to bridge hance their skills, as well as those who and recruit and train more women, mi- the high tech skill gap which today are currently unemployed. norities, and people with disabilities, separates millions of workers from the EDUCATIONAL OPPORTUNITIES FOR U.S. so that the current IT workforce gets 21st century jobs they desire. STUDENTS MUST BE INCREASED the pay, benefits, working conditions RAISING NECESSARY FUNDS FOR EDUCATION AND As we enter the 21st century, careers and job opportunities to which they are TRAINING increasingly require advanced degrees, entitled. At a time when the IT industry is ex- especially in math, science, engineer- EXPANDING JOB TRAINING FOR U.S. WORKERS IS periencing major growth and record ing, and computer sciences. Eight of CRITICAL AND PROVIDES THE ONLY LONG- profits, it is clear that even the small- the ten fastest growing jobs of the next TERM SOLUTION TO THIS LABOR SHORTAGE est of businesses can afford to pay a decade will require college education When we expanded the number of H– higher fee in order to support needed or moderate to long-term training. 1B visas in 1998, we created a modest investments in technology skills and We must encourage students, includ- training initiative funded by a modest education. The only effective way for ing minority students, to pursue de- visa fee in recognition of the need to Congress and industry to provide suffi- grees in math, science, computers, and train and update the skills of U.S. cient long-term solutions to the high- engineering. Scholarship opportunities workers. Today, as we seek to nearly tech skills shortage is by increasing H– must be expanded for talented minor- double the number of high tech work- 1B visa user fees. We should ensure ity and low-income students whose ers available to American businesses, that 55% of all revenues go to worker families cannot afford today’s high col- we must also ensure a significant ex- training and increased educational op- lege tuition costs. According to the Na- pansion of career training and edu- portunities for U.S. students. tional Action Council for Minorities in cational opportunities for American We must train at least 45,000 workers Engineering, minority retention rates workers and students. a year if we are to responsibly address tend to be higher at institutions with Now more than ever, the strong em- the need for technological skills. Un- high average financial aid awards, and ployer demand for high tech foreign fortunately, due to blue slip issues that the financial aid is a significant pre- workers shows that there is an even would arise if the Senate were to pro- dictor in retaining minority students. greater need to train American work- pose an increase in H–1B fees, I will not With increased opportunities for ers and prepare U.S. students for ca- be offering an amendment with such a scholarships, students completing two- reers in information technology. Ex- provision. year degrees will be provided with in- panding the number of H–1B visas to However, the Senate should send to centives to continue their education meet short-term needs is no substitute the House a request for a modest in- and obtain four-year degrees, and re- for long-term solutions to fully develop crease in the H–1B visa fees. An in- tention rates among four-year degree the potential of our domestic work- crease in H–1B funds collected is nec- students will be higher. force. essary to expand training and edu- CONCLUSION The magnitude of this need for train- cation programs. A modest increase in In sum, it would be irresponsible of ing is increasing year after year. Ac- the user fee will generate approxi- Congress to address the shortage of cording to the Information Technology mately $280 million each year com- high tech workers solely by expanding Association of America, roughly two- pared to current law, which raises less the number of visas for foreign work- thirds of unfilled jobs requiring work- than one-third of this amount. Reve- ers. Immigration is only a short-term

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9451 solution to the long range, national year. I urge my colleagues to give 3767, the visa waiver bill, and that the skill shortage problem. equal priority to these basic immigra- substitute amendment, on behalf of The U.S. is currently not providing tion issues that affect so many immi- Senators ABRAHAM and KENNEDY, domestic workers with enough oppor- grant families in our workforce. The which is at the desk, be agreed to, no tunities to upgrade their skills so that time to act is now, and there is still further amendments or motions be in they can fully participate in the new ample time to act before Congress ad- order, the bill be advanced to third economy. They deserve these opportu- journs. reading, and passage occur imme- nities, and American business needs TRAINING AND EDUCATION PROGRAMS diately following the passage vote on their talents. Mr. KENNEDY. Mr. President, we in S. 2045. I commend Senators HATCH and the Senate cannot originate a revenue The PRESIDING OFFICER. Without ABRAHAM for agreeing to include these measure to fund the new training and objection, it is so ordered. training provisions in the bill before us education program. But it would be a The Senate proceeded to consider the today, and for committing to help serious mistake to enact a final bill bill. bridge the high tech skills gap. that does not call on employers to pay Mr. ABRAHAM. Mr. President, I rise CONGRESS MUST REJECT THE VIEW THAT THE $1,000 per visa for the training and edu- to support the passage of H.R. 3767, the ONLY PRO-IMMIGRANT AGENDA THIS SESSION cation necessary to improve the skills Visa Waiver Permanent Program Act. IS AN H–1B AGENDA of U.S. workers and students. This legislation, as amended, is impor- Finally, Congress cannot continue to Mr. ABRAHAM. I, too, am com- tant not only because it facilitates ignore other equally important immi- mitted to seeing to it that there is travel and tourism in the United gration issues which are as critical to funding for these programs and a $1,000 States, thereby creating many Amer- immigrants in our workforce as H–1B fee is appropriate and would accom- ican jobs, but also because it benefits visas are to the information tech- plish this goal. As the Ranking Mem- American tourists who wish to travel nology industry. Unfortunately, unlike ber knows, I believe that as far as the abroad, since visa requirements are the H–1B issue, these other equally im- shortage of highly skilled workers is generally waived on a reciprocal basis. portant issues have been ignored by too concerned, we have both a short term The Visa Waiver Pilot Program au- many members of Congress. and long term problem, and I believe thorizes the Attorney General to waive Last year, a broad coalition of immi- these programs are an integral part of visa requirements for foreign nationals grant and faith-based groups launched addressing our long term problem. I traveling from certain designated the ‘‘Fix ’96’’ campaign to repeal the very much appreciation your ongoing countries as temporary visitors for harsh and excessive provisions in the willingness to work on these important business or pleasure. Aliens from the 1996 immigration and welfare laws, to programs for training and educating participating countries complete an restore balance and fairness to current Americans so that they will be ready admission form prior to arrival and are law, and to correct government errors to take these jobs, and the leadership admitted to stay for up to 90 days. which prevent certain immigrants from you have shown on these matters. I The criteria for being designated as a receiving the services Congress in- pledge to work with you, the other Visa Waiver country are as follows: tended. Members of this body, the business First, the country must extend recip- All of the issues raised in the ‘‘Fix community, and other affected outside rocal visa-free travel for U.S. citizens. ’96’’ campaign are still outstanding. A interests to seek ways to help fund Second, they must have a non- number of bills, including the Latino these programs consistent with the immigrant refusal rate for B–1/B–2 vis- and Immigrant Fairness Act, have been principle you articulated. itor visas at U.S. consulates that is introduced proposing solutions to these Mr. KENNEDY. In addition, I believe low, averaging less than 2 percent the problems. However, the Republican it is important to exclude from that fee previous two full fiscal years, with the leadership continues to block action on any employer that is a primary or sec- refusal rate less than 2.5 percent in ei- these important proposals. These ondary education institution, an insti- ther year, or less than 3 percent the issues include parity legislation for tution of higher education, as defined previous full fiscal year. Third, the Central Americans and Haitians, rein the Higher Education Act of 1965, a countries must have or be in the proc- storing protections to asylum seekers, nonprofit entity which engages in es- ess of developing a machine-readable restoring due process in detention and tablished curriculum-related clinical passport program. Finally, the Attor- deportation policy, restoring public training of students registered at any ney General must conclude that entry benefits to legal immigrants, and re- such institution, a nonprofit research into the Visa Waiver Pilot Program storing protections to battered immi- organization, or a governmental re- will not compromise U.S. law enforce- grant women and children. search organization. ment interests. The Latino and Immigrant Fairness Mr. ABRAHAM. I agree with the Countries are designated by the At- Ranking Member, and I support his ob- Act provides us with an opportunity to torney General in consultation with jectives. I will work with Senator KEN- end a series of unjust provisions in our the Secretary of State. Nations cur- NEDY to ensure that these institutions current immigration laws, and build on rently designated as Visa Waiver par- are excluded from the imposition of the most noble aspects of our American ticipants are Andorra, Argentina, Aus- fees. tralia, Austria, Belgium, Brunei, Den- immigrant tradition. Mr. KENNEDY. In conclusion, I mark, Finland, France, Germany, Ice- It restores fairness to the immigrant would simply like to thank Senator community and fairness in the nation’s land, Ireland, Italy, Japan, Liech- ABRAHAM for his ongoing willingness to tenstein, Luxembourg, Monaco, Neth- immigration laws. It is good for fami- work on these important programs for lies and it is good for American busi- training and educating Americans so erlands, New Zealand, Norway, Por- ness. that they will be ready to take these tugal, San Marino, Singapore, Slo- The immigrant community—particu- jobs, and the leadership he has consist- venia, Spain, Sweden, Switzerland, larly the Latino community—has wait- ently shown on these issues. United Kingdom, and Uruguay. Greece ed far too long for the fundamental jus- Mr. DOMENICI. Mr. President, I fur- has been proposed for participation in tice that this legislation will provide. ther ask unanimous consent the Senate the program. These issues are not new to Congress. now lay aside S. 2045 until 9:30 a.m. on The Visa Waiver Pilot Program was The immigrants who will benefit from Tuesday. established by law in 1986 and became this legislation should have received The PRESIDING OFFICER (Mr. SES- effective in 1988, with 8 countries par- permanent status from the INS long SIONS). Without objection, it is so or- ticipating for a period of three years. ago. dered. The program has been considered suc- Few days remain in this Congress, cessful and as such has been expanded f but my Democratic colleagues and I to include 29 participating countries. are committed to doing all we can to VISA WAIVER PERMANENT Since 1986, Visa Waiver has been reau- see that both the Latino and Immi- PROGRAM ACT thorized on 6 different occasions for pe- grant Fairness Act and the H–1B high Mr. DOMENICI. I ask unanimous riods of one, two, or three years at a tech visa legislation become law this consent the Senate proceed to H.R. time.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9452 CONGRESSIONAL RECORD — SENATE September 28, 2000 The time has come to make the Visa military activity on the territory of programs by October 2003 and nationals Waiver Pilot Program permanent and, the program country; a severe break- from these countries to possess read- in the process, to strengthen further down in law and order affecting a sig- able passports by 2008. In addition, the current requirements. That is the pur- nificant portion of the program coun- Attorney General, in consultation with pose of this bill, which has been amend- try’s territory; a severe economic col- the Secretary of State, must continue ed and worked out jointly with our lapse in the program country; or any to evaluate the effect of a new coun- House counterparts, in particular other extraordinary even in the pro- try’s inclusion in the visa waiver pro- House Immigration Subcommittee gram country that threatens the law gram on law enforcement and national Chair LAMAR SMITH, who I thank for enforcement or security interests of security. Continuing countries in the his work on this bill. This legislation is the United States (including the inter- program are evaluated every five years. very close to S. 2376, the Travel, Tour- est in enforcement of the immigration I am especially pleased that Portugal ism, and Jobs Preservation Act, which laws of the United States.)’’ Consid- was recently added to the visa waiver I introduced earlier this year with Sen- ering the impact of such a termination program. Travel between our two coun- ators KENNEDY, LEAHY, DEWINE, JEF- on U.S. foreign policy interests and the tries is significantly easier because FORDS, AKAKA, GRAHAM, GRAMS, MUR- conduct of the State Department itself, cumbersome paperwork and delays KOWSKI, and INOUYE, all of whom I it is my belief that the Secretary of have been eliminated—obstacles that thank for their support. State would exert considerable author- needlessly prevented Portugese fami- The legislation we are about to pass ity in determining whether such an lies from visiting their loved ones here would accomplish a number of things. ‘‘emergency termination’’ was war- in the United States. Portugal’s inclu- First, it would make the Visa Waiver ranted. sion in the Program will benefit thou- Pilot Program permanent. This is im- Mr. President, I urge passage of this sands of Portugese families in Massa- portant since no serious disagreement legislation. chusetts and around the nation. exists that the program should con- Mr. KENNEDY. Mr. President, I am Although I strongly support this im- tinue in place for the foreseeable fu- proud to join Senator ABRAHAM, Sen- portant bill, I have very serious concern about the amendment that Sen- ture, and no significant problems have ator LEAHY, and others in cosponsoring been raised with the fundamentals of the Travel, Tourism and Jobs Presen- ator HELMS has offered amending the how it has been operating for the past tation Act. This measure will reauthor- Conyers provision of the visa waiver 14 years. To the contrary, failure to ize the Visa Waiver Program and make bill. Representative CONYER’S provision continue the program would cause it permanent. simply states that visas that are enormous staffing problems at U.S. This visa waiver program allows indi- wrongfully denied based on race, sex, consulates, which would have to be viduals from designated low risk, high disability or other unlawful grounds suddenly increased substantially to re- volume countries to enter the United cannot be included in computations de- sume issuance of visitor visas. It would States as temporary visitors for busi- termining a country’s admission into also be extremely detrimental to ness or pleasure without first obtaining the visa waiver program. The amend- American travelers, who would most a visa. Individuals visiting the United ment Senator HELMS offers pertaining certainly find that, given reciprocity, States under the visa waiver program only to the Conyers provision. It seeks they now would be compelled to obtain must complete an admission form prior to preclude judicial review of any visa denying visas, denial of admission to visas to travel to Europe and else- to arrival. Their visit may last only the United States, the computation of where. Finally, there are costs to con- ninety days, with thirty days exten- visa refusal rates, or the designation or tinuing to reauthorize the program on sions allowed only in the case of emer- non-designation of any country. a short-term rather than a permanent gency. Countries participating in the I have reluctantly agreed to it be- basis, as it periodically creates consid- visa waiver program must meet certain cause it is surely symbolic and will erable uncertainty in the United States requirements, such as possessing a low have no practical legal effect. Under and around the world about what docu- non-immigrant refusal rate for B–1/B–2 current law, consular visa determina- ments travelers planning their foreign visas and utilizing, or currently devel- tions, the denial of admission under travel have to obtain. oping, a machine readable passport the visa waiver program, or determina- Second, the current requirement that program. Finally, the Attorney Gen- tions regarding designation of a coun- countries be in the process of devel- eral must determine that each country into the visa waiver program are oping a program for issuing machine- try’s participation in the program will not subject to court review. readable passports will be replaced not compromise United States law. Nonetheless, court stripping provi- with a stricter requirement that all By eliminating the visa requirement, sions, whether symbolic or not, are countries in the program as of My 1, the visa waiver program facilities anathema to our judicial system. I 2000 certify by October 1, 2001 that they international travel and increases the thought that Republicans had learned will have an operational machine-read- number of visitors for business and the importance of judicial review in able passport program by 2003 and that tourism. These effects generate eco- the Elian Gonzalez case. Such provi- new countries have a machine-readable nomic growth and stimulate inter- sions allow life-shattering determina- passport program in place before be- national trade and commerce. Accord- tions to be made at the unreviewable coming eligible for designation as a ing to the INS, over 17 million visitors discretion of an administrative func- Visa Waiver country. The bill also es- to the United States arrived under the tionary. The most fundamental deci- tablishes a deadline of October 1, 2007 visa waiver program in FY 1998. The sions are being made on the basis of a by which time all travelers must have program is strongly supported by the cursory review of a few pages in a file, machine-readable passports to come to State Department because it reduces or a perfunctory interview, without the the United States under Visa Waiver. consular workloads, allowing the offi- possibility of any appeal or judicial re- The judgment of everyone involved in cers to shift staff and scarce resources view. This is a recipe for disastrous these issues is that the technology is to other pressing matters, as well as mistakes and abuse. now sufficient that it is time for every- reducing costs. This excellent program has been a one to move from the concept and plan- Despite operating efficiently and pro- pilot program for too long. Its enor- ning stages to the prompt implementa- viding enormous benefit to the United mous benefits to the United States tion of these requirements. States economy and the State Depart- economy and the efficiency it creates Finally, the legislation, altered from ment for the past eleven years, the visa for the federal government are obvious. the House-passed version, would allow waiver program remains a pilot pro- It is time we make this light of this for an ‘‘emergency termination’’ by the gram. This bill reauthorizes this im- fact and make this important program Attorney General, in consultation with portant program and makes it perma- permanent. I urge all of my colleague the Secretary of State, of a country’s nent. to support this important bill. Visa Waiver designation in an extreme This legislation also strengthens se- Mr. LEAHY. Mr. President, this bill and unusual circumstances. These cir- curity precautions under this program addresses a critically important issue: cumstances are a ‘‘war (including by requiring participating countries to the preservation of our visa waiver pro- undeclared war, civil war, or other incorporate machine readable passport gram. I am a cosponsor of the Senate

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9453 version of this bill, and I strongly rec- The visa waiver program provides 4733) making appropriations for energy and ommend the passage of H.R. 3767. substantial benefits to both the Amer- water development for the fiscal year 2001, This legislation will achieve the im- ican tourism industry and to Ameri- and for other purposes, having met, after full portant goal of making our visa waiver and free conference, have agreed to rec- cans traveling abroad. I urge the Sen- ommend and do recommend to their respec- program permanent. We have had a ate to make it permanent. tive Houses this report, signed by a majority visa waiver pilot project for more than Although I am a strong supporter of of the conferees. a decade, and it has been a tremendous the bill, I must speak out against the The PRESIDING OFFICER. Without success in allowing residents of some of amendment that has been inserted into objection, the Senate will proceed to our most important allies to travel to the bill by Senator HELMS. This amend- the consideration of the conference re- the United States for up to 90 days ment states that under a certain para- port. without obtaining a visa, and in allow- graph of this bill, no court will have ju- (The report was printed in the House ing American citizens to travel to risdiction to review any visa refusal proceedings of the RECORD of Sep- those countries without visas. Coun- based on race, sex, or disability. It is tember 27, 2000.) tries must meet a number of require- my understanding that this provision Mr. DOMENICI. Mr. President, I ask ments to participate in the program, has no practical effect, since affected that the Senate now turn to consider- including having extraordinarily low foreign nationals would not be able to ation of the conference report accom- rates of visa refusals. Of course, the bring such a claim in an American panying the fiscal year 2001 Energy and visa waiver does not affect the need for court in the first place. Because it is Water Development Act. Earlier today, international travelers to carry valid effectively a dead letter, and because of the House passed the conference report passports. the importance of the visa waiver pro- by a vote of 301 to 118, and I hope the The pilot project expired on April 30, gram and other amendments to this Senate will also overwhelmingly sup- and I had sought passage of S. 2367, bill, I have chosen not to assert rights port the conference report. I am very which is incorporated into the bill we and deny unanimous consent. But this pleased that we are able to get this consider today, before that expiration provision is offensive to our legal tra- very important conference report to date. Indeed, I encouraged the dis- ditions. I have consistently opposed at- the floor, given the difficulties affect- charge of this bill from the Judiciary tempts to strip courts of authority to ing more appropriations bills this time Committee in April so that the Senate resolve immigration matters, and I am of year. Senator REID and I, along with could act upon this highly time-sen- particularly opposed to such attempts Chairman STEVENS and Senator BYRD, sitive matter. Unfortunately, this bill where the stripping is directed specifi- have worked hard to prepare an out- was instead held hostage to other cally toward claims asserting discrimi- standing bill that meets the needs of issues. Fortunately, the Administra- nation. Judicial review is a critical the country and addresses many of the tion extended the program administra- part of American law, and we should Senators’ top priorities. tively until the end of May, but despite not be impinging upon it—symbolically The Senate and House full committee my best efforts we failed to meet that or otherwise. chairman were very supportive and deadline as well. As a result, the pro- Finally, passage of this bill should have provided the additional resources gram was extended until the end of not be misinterpreted as a signal that at conference that were necessary to June, but once again the Senate did this Congress has dealt fairly or ade- address many priority issues for Mem- not meet the deadline. The Administra- quately with immigration issues. There bers. They have allowed the House to tion then extended the program is still so much to do in the little time come up $630 million to the Senate through July, sparing thousands of we have left, from passing the Latino number on the defense allocation American tourists and international and Immigrant Fairness Act—to deal- $13.484 billion, and the Senate non-defense allocation has increased by $1.1 business travelers tremendous incon- ing with the aftereffects of the immi- billion. venience and cost during the busy sum- gration legislation this Congress mer traveling season. Before the Au- I would now like to highlight some of passed in 1996. In particular, I would the great things we have been able to gust recess, we once again failed to act call again for hearings on S. 1940, the on this legislation, forcing the Admin- do in this bill. Refugee Protection Act. This is a bill I The conference report provides $4.5 istration to extend it again. It is now introduced with Senator BROWNBACK well past time to end this charade, pass for Army Corps of Engineers water and a number of other Senators that projects, an increase of $400 million this bill, and send it back to the House would undo the damage that has been for its final approval. over the Senate and $383 over the done to our asylum process by the im- President’s Request. Rather than simply pass another ex- plementation of expedited removal. I tension of the pilot program, it is time The increased resources have allowed believe it, like so many immigration us to get started on the very highest to make this program permanent—it issues that have been ignored for the has stood the test of time for well over priority new starts in 2001—something last 21 months, deserves the attention we were not able to do under our origi- a decade. In order to address any secu- of this Congress. rity concerns about making the pro- nal allocation. The amendment (No. 4276) was agreed The conference report provides $3.20 gram permanent, the requirements to. billion for DOE Science, an increase of placed upon participating countries (The text of the amendment is print- $330 million over the Senate and $420 have been tightened. Indeed, countries ed in today’s RECORD under ‘‘Amend- million over last year. We heard from wishing to participate in the visa waiv- ments Submitted.’’) many members over the last few er program must meet each of the fol- The bill (H.R. 3767) was ordered to a months about providing more money lowing four criteria: the participating third reading and was read the third for science and I am pleased we were country must allow U.S. citizens to time. able to heed their concerns and make travel without a visa; the country must f significant investments in our future. have a nonimmigrant refusal rate for On the defense side, the conference B–1/B–2 visitor visas at U.S. consulates ENERGY AND WATER DEVELOP- report provides $5 billion for nuclear that is low, averaging less than 2 per- MENT APPROPRIATIONS ACT, weapons activities, an increase of $150 cent the previous two full fiscal years, 2001—CONFERENCE REPORT million over Senate and $600 million with the refusal rate less than 2.5 per- Mr. DOMENICI. Mr. President, I sub- over last year. cent in either year, or less than 3 permit a report of the committee of con- On clean-up, we have been able to cent the previous full fiscal year; the ference on H.R. 4733 and ask for its im- continue to provide the environmental country must already possess or be in mediate consideration. clean-up money that is so important to the process of developing a machine- The PRESIDING OFFICER. The re- many of our members across the coun- readable passport program; and, the port will be stated. try. The conference report provides $6.1 Attorney General must conclude that The legislative clerk read as follows: billion, and increase of $390 million entry into the Visa Waiver Pilot Pro- The committee of conference on the dis- over last year. gram will not compromise U.S. law en- agreeing votes of the two Houses on the We do have a few controversial provi- forcement interests. amendment of the Senate to the bill (H.R. sions in this bill. The conference report

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9454 CONGRESSIONAL RECORD — SENATE September 28, 2000 includes a provision that we have car- from EM sources should be granted to safety issues important to the national ried for several years that would pro- all National laboratories under the new security? hibit the use of funds to revise the Mis- authority established in this bill? Mr. DOMENICI. The Senator from souri River Master Manual if such Mr. DOMENICI. Yes, that is my view Idaho is correct in his understanding. I would result in increased springtime and the view of the Committee. would add that committee saw fit to flood risk on the lower Missouri River. Mr. CRAIG. Does the Chairman see support the International Nuclear I know the administration has threat- any circumstances to justify granting Safety Program at the President’s re- ened a veto on this issue, and I take this authority to some of the labora- quested level of funding. This includes that seriously. But, we have been un- tories but not to others? funding for the Russian and U.S. cen- able to forge an acceptable compromise Mr. DOMENICI. I see no conditions ters. and have insisted that the provision re- under which I or the Committee would Mr. CRAPO. I thank the Senator main in the conference report just as it support any effort by the Administra- from New Mexico. tion to withhhold this authority from passed the Senate floor. Although HOPI-WESTERN NAVAJO WATER DEVELOPMENT there are other issues the administra- any laboratory, including the EM lead STUDY tion has raised, we have made a good laboratory in Idaho. Mr. KYL. Mr. President, the con- faith effort to address their concerns Mr. CRAIG. I thank the gentleman ference report to H.R. 4733 provides $1 were possible. I believe we have a good from New Mexico. million for the Bureau of Reclamation bill that the President will sign. YELLOWSTONE ENERGY AND TRANSPORTATION to initiate a comprehensive Hopi-West- STUDY LABORATORY DIRECTED RESEARCH AND ern Navajo water development study. DEVELOPMENT Mr. CRAPO. I would like to engage This funding was added to the bill at Mr. CRAIG. Mr. President, would the the distinguished Senator from New my request, and I would like to take distinguished chairman of the Senate Mexico, Mr. Domenici, in a colloquy re- this opportunity to detail the reason Energy and Water Development Appro- garding the Greater Yellowstone-Teton why I consider this to be a very impor- priations Subcommittee indulge me in energy and transportation systems tant undertaking. a colloquy for clarification purposes on study and the International Centers for Efforts have been ongoing for several use of Laboratory Directed Research Environmental Safety, ICES. years to settle the various water rights Mr. DOMENICI. I am delighted to ac- and Development by Department of En- claims of the Navajo and Hopi Indian commodate my friend from Idaho. ergy national laboratories? tribes and other water users in the Lit- Mr. CRAPO. As the chairman of the Mr. DOMENICI. I am happy to oblige tle Colorado River watershed of North- energy and water appropriations sub- my friend from Idaho, a valuable mem- ern Arizona. Numerous proposals have committee knows, the pending con- ber of the Energy and Water appropria- been advanced in an effort to settle ference report does not provide funds tions subcommittee. these water-rights claims, including for the Yellowstone energy and trans- Mr. CRAIG. When DOE’s Environ- identifying alternative sources of portation study. It is my under- mental Management budget request for water, means of delivery and points of standing the Department of Energy FY 2001 was submitted to Congress ear- usage to help provide a reliable source supports this study and the Depart- lier this year it continued a restriction of good-quality water to satisfy the ment may provide funds to support the on the use of DOE environmental man- present and future demands of Indian Idaho National Engineering and Envi- agement funds for LDRD purposes car- communities on these reservations. ronmental Laboratory’s participation ried over from FY 2000. The EM restric- Cost estimates for the various existing in this effort. If DOE makes a decision tion of LDRD was subsequently re- proposals run into the hundreds of mil- to provide funds for this study, would scinded by OMB later in the year at lions of dollars, the majority of which strong urging by numerous Senators the chairman support that decision? Mr. DOMENICI. I would agree that would likely be borne by the Federal including myself. Subsequently, the Government. This study is needed to Senate Defense Authorization and the funding for this important study would be appropriate. identify the most cost-effective Senate Energy and Water Development projects that will serve to meet these Appropriations bills directed that DOE Mr. CRAPO. As the senior Senator from New Mexico knows, the ICES pro- objectives. return LDRD to full scope, to include I have asked the Bureau to hire an use of EM funds. The Senate Defense gram was formed last year through a joint statement signed by Secretary outside contractor to complete this Authorization bill permits use of study to ensure that a fresh and objec- LDRD up to 6%; and this conference re- Richardson and the Minister for Atom- ic Energy of the Russian Federation, tive analysis of existing studies and port also permits use of LDRD funds at data is conducted. In addition, using a 6%. Is this the Chairman’s under- Yevgeny Adamov. The centers were created to provide a mechanism for private contractor will enable the Bu- standing? reau to complete the study in a timely Mr. DOMENICI. The gentleman from technical exchange and effective collaboration between the DOE and manner without requiring the Bureau Idaho is correct. to divert personnel needed to accom- Mr. CRAIG. As the distinguished Minatom on matters of environmental plish other vital priorities. The study chairman of the subcommittee knows safety in both countries. The U.S. Cen- should be complete and submitted to from the Department’s testimony inter is managed by the Idaho National the Senate Appropriations Committee cluding Secretary Richardson and Dr. Engineering and Environmental Lab- as soon as possible but no later than Carolyn Huntoon, EM Assistant Sec- oratory and Argonne National Labora- April 1, 2002. retary, the Administration, with sig- tory. In Russia, the Ministry for Atom- I also want to assure the parties that nificant encouragement from the Con- ic Energy operates the Center in Mos- this study is intended to be used to fa- gress, is now on record in support of re- cow. Both work collaboratively to en- cilitate this settlement, and cannot be storing EM programs as a funding sure overall ICES success in reducing used for any other purpose in any ad- source for LDRD in 2001. environmental threats and costs. Mr. DOMENICI. That is correct. That Mr. DOMENICI. That is my under- ministrative or judicial proceeding. has been a factor in the Conference standing. NIF STUDIES Committee’s considerations. Mr. CRAPO. Report language in the Mr. HARKIN. Mr. President, I ask Mr. CRAIG. Would it be fair then to FY2001 Senate Energy and Water De- the distinguished chairman and rank- assume that all 2001 laboratory plan- velopment bill supports DOE’s efforts ing member to engage in a brief col- ning budgets prepared while the EM re- to use the experience and expertise of loquy on the National Ignition Facil- striction was in place would be im- scientists of the former Soviet Union ity. The bill as it passed the Senate re- pacted by removal of the LDRD restric- to address waste management and en- quested a study by the National Acad- tion? vironmental remediation challenges emy of Sciences of a number of issues Mr. DOMENICI. That would be an ac- within the DOE complex. Isn’t it also regarding the National Ignition Facil- curate assumption. true that the centers are intended to ity. The current bill and conference re- Mr. CRAIG. Is it the Chairman’s view facilitate international collaboration port language require reviews of sev- that permission to derive LDRD funds to address environmental and nuclear eral issues, including the need for the

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9455 facility, alternatives to NIF, consider- The PRESIDING OFFICER. Without The following summarizes the discussion at ation of starting with a smaller facil- objection, it is so ordered. each of these meetings. ity, and planning for the Broader f MINISTRY OF FOREIGN TRADE stockpile stewardship program. All The delegation met with Maria de la Luz these elements are important, but the MORNING BUSINESS B’Hamel, Director of the North American Di- bill does not specify how these reviews Mr. GRAMS. Mr. President, I ask vision of the Foreign Trade Ministry, and are to be conducted. unanimous consent that the Senate with Mr. Igor Montero Brito, Vice President Previous supposedly independent proceed to a period for morning busi- of ALIMPORT. Ms. B’Hamel’s division is re- DOE reviews of NIF have been strongly ness, with Senators permitted to speak sponsible for international trade issues relat- criticized in the recent GAO report and ing to the United States and Canada, and the for up to 10 minutes each. Foreign Trade Ministry in general has juris- in a recent article in the journal Na- The PRESIDING OFFICER. Without diction over all foreign trade issues, includ- ture, and have even been subject to objection, it is so ordered. ing issues arising in the World Trade Organi- lawsuits for violating the Federal Advi- f zation and other international and regional sory Committee Act. I believe it is trade agreements. Ms. B’Hamel noted that critical for the credibility of these re- U.S.-CUBA RELATIONS Cuba is a founding member of the General views that they be conducted by an Mr. ROBERTS. Mr. President, I Agreement on Tariffs and Trade (‘‘GATT’’) independent body, such as the National would like to bring to the attention of and the World Trade Organization (‘‘WTO’’). Academy of Sciences, and that they be the Senate a relatively new organiza- The Foreign Trade Ministry has a practical organized as independent studies under role in foreign trade through its authority to tion designed to enhance U.S.-Cuba re- grant licenses to Cuban enterprises engaging FACA rules. This is a troubled pro- lations. The Alliance for Responsible in international trade. Ms. B’Hamel de- gram, and we need the very best Cuba Policy was created in early 1998 scribed two important trends that have thought of independent experts to help to foster better political, economic and emerged since the dissolution of the Soviet us get it back on track or to scale it cultural relationships between our Union and the resulting rupture of Cuba’s back as needed. country and Cuba. Its board is com- traditional trading relationships: Mr. REID. Mr. President, I agree promised of distinguished Americans, (1) Diversification of Cuba’s foreign trade. with my colleague and want to empha- including some of our former col- Currently, Cuba’s two largest trading partners are Spain and Canada, and no more than size how important it is to Congress leagues in the Congress. that these be outside, independent re- 10–12 percent of Cuba’s trade is with any one Clearly the time has come to bring country. As part of this diversification proc- views. DOE has unfortunately lost ‘‘responsibleness’’ to the debate regard- credibility on this issue and needs to ess, Cuba has been negotiating trade agreeing U.S.-Cuba relations. ments with its regional trading partners in bring in outside experts to regain it. I The Alliance has briefed me and my order to promote Cuba as a strategic bridge have already conveyed my expecta- staff regarding their first-hand experi- to the Caribbean region. tions on this point to Madelyn Creedon ence in Cuba. I encourage them to con- (2) Decentralization of foreign trade issues. and am happy to join my colleagues in tinue their fact finding and informa- Ms. B’Hamel stated the Foreign Trade Min- clarifying this today. istry is deemphasizing its direct involvement Mr. DOMENICI. Mr. President, our tion gathering missions to Cuba. in international trade transactions, and is country has very important needs that I ask unanimous consent to have assuming more of a trade regulation role. many hope NIF can solve. The credi- printed in the RECORD an Activities Re- Companies engaged in foreign trade today in bility of outside experts will be crucial port of the Alliance. Cuba include state enterprises, private enas we consider the future of this pro- There being no objection, the mate- terprises, and international joint ventures or branch offices of foreign companies. More gram. rial was ordered to be printed in the RECORD, as follows: than 250 private and state enterprises are ac- The PRESIDING OFFICER. Without tively engaged in foreign trade, and there are objection, all time is yielded back. ALLIANCE FOR RESPONSIBLE CUBA POLICY AC- approximately 600 Cuban branch offices of Mr. DOMENICI. I now ask unanimous TIVITIES REPORT—FACT-FINDING MISSION; foreign companies engaged in trade in Cuba. consent the vote occur on the adoption REPUBLIC OF CUBA, JULY 10–12, 2000 Ms. B’Hamel explained that, since 1994, of the conference report at 5:30 p.m. on This report summarizes the activities of a Cuba has experienced steady improvement in Monday. fact-finding mission to the Republic of Cuba foreign trade and GDP growth. Her Ministry Mr. REID. Reserving the right to ob- conducted on July 10–12, 2000. The fact-find- forecasts continued GDP growth, even as- ject, I say to my friend from New Mex- ing mission was organized by the Alliance suming no relaxation of U.S.-imposed trade ico, I am disappointed that we are not for Responsible Cuba Policy (the ‘‘Alli- restrictions. She stated that the U.S. trade voting on this tonight. I think it would ance’’), a non-partisan, non-profit organiza- restrictions (which she called the ‘‘block- be an opportunity to get a bill to the tion incorporated in the District of Colum- ade’’) have affected Cuba, but that other bia. The delegation included former Con- trends in business and world trade were cre- President’s desk and speed up things gressman Beryl Anthony, partner, Winston & ating new opportunities for the Cuban econ- around here. I think it is a shame we Strawn; Mr. Albert A. Fox, Jr., President of omy. are waiting until 5:30 Monday night. It the Alliance, Mr. Paul D. Fox, Vice-Presi- One particularly dynamic sector of the is going to consume too much time in dent Atlantic Region, Tysons Food, Inc. and Cuban economy is tourism, which is growing the process. Managing Director, Tyson de Mexico; Ms. by 16–20 percent per year. These statistics do I hope whoever has caused this, who- Nanette Kelly, President and Mr. John not include U.S. tourists, which Ms. B’Hamel ever that might be who is responsible, Spain, Managing Director, The Powell Group estimates to have numbered approximately recognizes that they are responsible for of Baton Rouge, Louisiana; Mr. Edward 180,000 last year. She noted that this increase slowing up what goes on around here. Rabel, former news correspondent with CBS in tourism will have a ripple effect on the We have to move these appropriations and NBC, and currently Senior Vice Presi- Cuban economy and will increase the de- dent of Weber McGinn; and Gregory J. Spak, mand for food goods, and other services. bills. Senator DOMENICI and I and espe- partner, White & Case LLP. Mr. Igor Montero explained that cially our staffs have worked night and This fact-finding mission was the second ALIMPORT is the principal Cuban state en- day all this past week, and I literally such trip organized by the Alliance. The first terprise dedicated to importing foodstuffs mean night and day. We were looking mission occurred on September 26–29, 1999. into Cuba and distributing imports to the forward to completing this bill tonight. An Activities Report related to that mission public. ALIMPORT is dedicated almost ex- Having said that, I have no objection. is available from the Alliance’s web site at clusively to the primary foodstuffs which are The PRESIDING OFFICER. Without www.responsiblecubapolicy.com. considered to be staples of the Cuban diet objection, it is so ordered. During the July 10–12, 2000 mission, the (e.g., rice, beans, etc.). Cuba currently im- Mr. DOMENICI. Mr. President, I delegation met with the following persons ports approximately $1 billion in foodstuffs yield the floor. Mr. President, I suggest and entities in Cuba: annually, $650 million of which is imported the absence of a quorum. Ministry of Foreign Trade through ALIMPORT. Principal food imports The PRESIDING OFFICER. The Ministry of Science, Technology, and Envi- are wheat, soybeans, and rice. ronment Cuba currently is importing approximately clerk will call the roll. Ministry of Agriculture 400,000 metric tons of rice per year, prin- The legislative clerk proceeded to Ministry of Foreign Investment and Eco- cipally from China, Thailand, and Vietnam. call the roll. nomic Cooperation Delivery time for rice imported from these Mr. GRAMS. Mr. President, I ask Mr. Ricardo Alarcon de Quesada, President countries is approximately 60 days, and the unanimous consent that the order for of the National Assembly quality is considered only fair. Mr. Montero the quorum call be rescinded. Ministry of Justice acknowledged that transportation costs to

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acquire this rice represent a significant ex- from both the disruption in the traditional MINISTRY OF FOREIGN INVESTMENT AND penditure. trading relationship with the Soviet Union, ECONOMIC COOPERATION Mr. Spain, whose Louisiana-based com- and changes in the economic restrictions im- The delegation met with Mr. Ernesto Senti pany, the Powell Group, is involved in the posed by the United States. During the 1980s, Endarias, First Vice Minister of the Ministry rice milling business, pointed out that his Cuba imported approximately 2 million tons of Foreign Investment and Economic Co- company used to supply rice to Cuba before of feed, and reported much of this was pur- operation, and various members of his staff. the U.S. trade restrictions. While clarifying chased from foreign subsidiaries of U.S. com- According to Vice Minister Senti, the Cuban he was not in Cuba to develop business. Mr. panies. After the enactment of the Toricelli economy is in its fifth year of a gradual eco- Spain noted that his company could supply Act, the value of this trade dropped from $400 nomic recovery, and foreign investment has high-quality rice to Cuba with a turnaround million per year to approximately $1 million. played an important role in this recovery. time (from order to delivery) of approxi- Also, the provisions of U.S. law restricting Sales from enterprises resulting from direct mately one week and insignificant freight access to U.S. ports for those vessels which foreign investment account for approxi- costs. have engaged in commercial activity in Cuba mately 3–4 percent of the Cuban GDP, nearly * * * * * to obtain feed at a reasonable price. twelve percent of all exports, and such enter- MINISTRY OF SCIENCE, TECHNOLOGY, AND With respect to milk, Dr. Gutierrez re- prises employ approximately one percent of ENVIRONMENT ported that for all practical purposes, the the labor force. dairy herds ceased to produce when grain Direct foreign investment is affecting var- The delegation met with a number of rep- was no longer available for feeding. Many ious sectors of the Cuban economy, including resentatives from this Ministry (‘‘CITMA’’), cows died of starvation and others were (1) tourism, (2) heavy industry (petroleum including the Minister, Dr. Rosa Elena slaughtered while still at a productive age. (especially deep-water drilling)), (3) mining, Simeo´ n Negrin. Dr. Simeo´ n described the The Cuban Government has since developed (4) light industry, (5) telecommunications, Ministry’s creation in 1994 as a result of the a breed of dairy cow that is 5⁄8 Holstein and (6) energy (especially alternative sources), reorganization and consolidation of other 3⁄8 Zebu in order to facilitate milk produc- (7) sugar (especially derivatives from sugar Cuban ministries. Dr. Simeo´ n distributed to tion without excessive grain consumption, production), and (8) agriculture. Only three the delegation the following publications re- but current productivity per head has de- sectors are not open to direct foreign invest- garding the Ministry’s activities (1) ‘‘Law of clined with these genetic changes. The Gov- ment health, education, and national secu- the Environment’’; (2) ‘‘Cuba Foreign Invest- ernment is importing powdered milk, but not rity. Fifty-two percent of direct foreign in- ment Act of 1995’’; and (3) ‘‘National Envi- in sufficient quantities. One of the delega- vestment is from countries in Europe, par- ronmental Strategy.’’ These documents are tion members touring a neighborhood away ticularly Spain and France. available from the Alliance upon request. Vice Minister Senti believes that direct Much of the discussion focused on environ- from the tourist areas was told that the milk foreign investment in Cuba will continue to mental issues. Dr. Simeo´ n noted the impor- formula sold in state stores is supposed to be grow. He observed the companies investing tance of environmental education to the consumed exclusively by children from 3 to 7 in Cuba typically are large companies, and Ministry’s mission. She described the results years old. these companies exhibit a high level of proof a recent survey revealing that although 73 Dr. Gutierrez also mentioned difficulties in fessionalism in their business ventures, percent of the Cuban population recognize the rice sector, in that Cuba has been forced which is beneficial for Cuba. In return, Cuba the threat to the environment, only 30 per- to import most of its rice from distant offers foreign investors highly-trained work- cent believe they can improve environmental sources, thereby increasing costs and low- ers, political stability, and a government in- conditions through their own actions. The ering quality of the rice. The Ministry would terested in helping companies that are will- Ministry is attempting to increase awareness like to see an increase in local rice producing to help Cuba. among the Cuban population of the role the tion, and a corresponding reduction in im- individual plays in improving the environ- ports to approximately 200,000 tons per year. * * * * * Dr. Gutierrez feels that this would permit a ment. PRESIDENT RICARDO ALARCO´ N DE QUESADA Dr. Simeo´ n also portrayed alternative per-capita rice consumption of approximately 50 kilograms. The delegation met with Mr. Ricardo fuels as an important focus of the Ministry’s Alarco´ n de Quesada, President of the Na- efforts. Approximately 5,000 facilities in the Dr. Gurtierrez cited pork and cirrus pro- tional Assembly, former foreign minister mountain areas of the country operate with duction as two examples of a successful re- and former ambassador to the United Na- solar energy, but the solar energy panels covery. Cirrus production has recovered and tions. The discussion with President Alarco´ n necessary to continue the development of could increase if new markets were opened was wide-ranging, and he was forthcoming this energy source are prohibitively expen- for Cuban citrus goods. Israel is providing as- on all issues raised by the delegation. He sive. Notwithstanding the cost, the Ministry sistance to the Cuban Government on citrus showed particular interest in the status of is committed to solar energy. production, and an Italian firm is helping the various legislative proposals in the U.S. * * * * * with production of citrus derivation prod- Congress that might permit the sale of U.S. ucts. MINISTRY OF AGRICULTURE food and medicine to Cuba. When asked The delegation met with Dr. Alfredo * * * * * whether Cuba would commit to purchasing U.S. food and medicine after the legislation Gutierrez Yanis, Vice Minister of Agri- Dr. Gutierrez described developments he passed, he stated Cuba would like to do so, culture, and several other officials from the believes will help the Cuban agricultural sec- but ultimately it would depend on the text of Ministry. Dr. Gutierrez explained that tor continue its post-crisis recovery. First, the legislation and on timing. He explained Cuba’s traditional relationship with the So- state farms play a less significant role in the they were monitoring the various versions of viet Union had allowed for a stable agri- agricultural sector, with the percentage of the legislation and that certain provisions culture policy. Cuba exported sugar and cit- farm land cultivated by state farms reduced (especially the increased restriction on trav- rus to the Soviet Union and Soviet bloc from 67 percent to approximately 33 percent. el and the limited duration of the export li- countries, and imported machinery, fer- Thus, according to Dr. Gutierrez, approxi- censes) might make purchasing U.S. food and tilizer, and pesticides from those countries. mately two-thirds of the land is being cul- medicine difficult. Ten years after the dissolution of the Soviet tivated today by small private companies The Alliance then briefed President Union, Cuban agriculture is in the midst of a and cooperatives. When asked how the small Alarco´ n on the upcoming visit by Senators recovery program (known as the ‘‘processo companies and cooperatives sell their crops, Pat Roberts and Max Baucus. The Alliance de Recuperacion en Agricultura’’ or the ‘‘Ag- he replied that it would be typical for such explained the importance of these senators riculture Recovery Process’’). Recovery has companies and cooperatives to contract with to any passage of legislation regarding the been uneven, however, with some sectors ad- a Cuban state enterprise for a specific supply sale of food and medicine to Cuba. President vancing beyond pre-crisis performance levels quantity, and that the companies and co- Alarco´ n expressed his pleasure in visiting (notably vegetable production) and others operatives would then be free to sell any ad- with the Alliance again. continuing to experience difficulties (poul- ditional production privately. MINISTRY OF JUSTICE try, livestock, and rice production). Secondly, individual farmers now operate Dr. Gutierrez offered poultry products as in a relatively free market, and are per- The delegation met with Lic Robert Dıáz an example of a sector that has not recov- mitted to farm areas of 75 hectares (approxi- Sotolongo and other members of the Min- ered. Prior to 1991, the Cuban per-capita an- mately 200 acres). Nearly 800,000 hectares istry. Mr. Dıáz began the meeting by stating nual egg consumption was 230, nearly double (approximately 2 million acres) are now in his satisfaction with the manner in which the current per-capita rate. Similarly, Cuban the hands of individual farmers. The farmers the United States and Cuba were able to re- agriculture once produced approximately do not own the land (land ownership is resolve the recent controversy regarding Elia´ n 117,000 tons of chicken meat annually, but served to the state), but they are allowed to Gonzalez. He noted that this is a visible and now can only produce approximately 30,000 cultivate the land and are entitled to sell the helpful example of how the two governments tons. Cuba has been forced to import chicken production as they wish. Many of these farm- and their societies can interact successfully meat, with Canada emerging as the principal ers have formed privately-operated coopera- despite differences of opinion. supplier. Dr. Gutierrez attributed the de- tives. Mr. Dıáz then directed the discussion to- crease in chicken and egg production to lack ward drug interdiction, another area in of available feed. This lack of feed results * * * * * which he believes Cuba and the United

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9457 States can increase cooperation. He noted on this issue. He has been a champion to the success of the programs of the that in the last meeting with the Alliance, for victims of domestic violence for Violence Against Women Act. We the Cuban Department of Justice had asked many years. He was pivotal in the en- should be working to lower that num- for assistance in facilitating the placement actment of the Violence Against ber even further by reauthorizing and of a U.S. Coast Guard representative to the U.S. Interest Section in Havana to help in- Women Act almost a decade ago. He expanding the programs of VAWA. The crease cooperation on drug interdiction. He has been tireless in his efforts this country has come too far in fighting thanked the Alliance for its assistance, not- year. It is time for the Senate to take this battle against domestic violence ing with satisfaction that the U.S. Coast up S. 2787, review and accept the con- to risk losing it because the Senate Guard representative had arrived in Havana. sensus substitute and move to final does not pass VAWA II or someone Mr. Dı´az went on to describe the celebrated passage. It could be done this week— wanting to score clever, political case of the ‘‘Limerick,’’ a Belize-flagged ves- today. Senator BIDEN has offered to points for short term partisan gain. sel that began to sink in Cuban waters in proceed on a clean bill within 10 min- There is no reason to make this a po- 1996. The cooperation of British, American, utes and he is right. litical battle. We must act now. and Cuban officials led to the discovery on I ask unanimous consent to print in the vessel of six tons of cocaine believed des- I regret to have to remind the Senate the RECORD the President’s letter and tined for the United States. The Cuban offi- that the authorization for the original cials turned over the drugs and the persons Violence Against Women Act, VAWA, the September 28 letter from the NOW involved to the U.S. authorities and actively expires at the end of this week on Sat- Legal Defense and Education Fund and assisted in the successful prosecution of the urday, September 30, 2000. This is out- a September 17, 1999 letter from the individuals traveling to the United States to rageous. This should be consensus leg- National Partnership for Women & testify in the criminal trial. islation, bipartisan legislation. With a Families, National Women’s Law Cen- * * * * * straight up or down vote I have no ter and other women’s advocacy organizations. OBSERVATION doubt that our bill will pass overwhelmingly. Playing partisan or polit- There being no objection, the mate- All the Cuban Government officials and rial was ordered to be printed in the the Cuban people with whom we visited were ical games with this important legisla- friendly and answered our questions in a tion is the wrong thing to do and this RECORD, as follows: forthright manner. They made it clear they is the wrong time to be playing such THE WHITE HOUSE, have no ill feeling toward the American peo- games. Washington, DC, September 27, 2000. ple or the U.S. form of government. They ex- ‘‘Gotcha’’ games have no place in Hon. TRENT LOTT, Majority Leader, U.S. Senate, pressed bewilderment that the U.S. main- this debate or with this important tains its economic sanctions against Cuba Washington, DC. despite other developments, including the matter. The Violence Against Women DEAR MR. LEADER: I am writing to urge normalization of U.S. trade relations with Act II is not leverage or fodder but im- you to bring the reauthorization of the Vio- China, Vietnam, and North Korea, the in- portant legislation with 71 Senate co- lence Against Women Act (VAWA) to the creasing foreign investment in Cuba by the sponsors. Senate floor this week. rest of the world (especially Europe and Can- There is and has been no objection on An estimated 900,000 women suffer violence ada), and the overwhelming U.S. public opin- the Democratic side of the aisle to at the hands of an intimate partner each year, demonstrating the urgent need for this ion in favor of removing the sanctions. passing VAWA II. Unfortunately, there The Alliance is grateful for the oppor- legislation. Since VAWA was enacted, the have been efforts by the majority party Department of Justice and Health and tunity to have concluded a second successful to attach this uncontroversial legisla- fact-finding mission to Cuba, and intends to Human Services have awarded approxi- continue this process. The Alliance is con- tion to the ‘‘poison pill’’ represented by mately $1.6 billion in Federal grants to sup- vinced that the U.S. trade restrictions must the version of bankruptcy legislation port the work of prosecutors, law enforce- end and that we must deal with the Cuban currently being advanced by Repub- ment officials, the courts, victim advocates, Government as it is, not as we wish it to be. licans and to other matters. health care and social service professionals, I received today a letter from the Pat and intervention and prevention programs in f order to combat violence against women. We Ruess of the NOW Legal Defense and must reauthorize these critical programs im- THE NEED TO PASS THE Education Fund that emphatically VIOLENCE AGAINST WOMEN ACT mediately. makes the point the VAWA is not As you know, yesterday, the House over- Mr. LEAHY. Mr. President, I want to ‘‘cover’’ for other legislation that hurts whelmingly passed VAWA reauthorization take a moment to once again ask the women. She is right. The bankruptcy by a vote of 415–3. In the Senate, VAWA has majority to immediately bring S. 2787, bill as the Republicans have designed it similar bipartisan support with over 70 co- the Violence Against Women Act of is opposed by the National Partnership sponsors. If Congress does not act this week, 2000, VAWA II, to the floor for a vote. for Women and Families, the National however, VAWA’s authorization will expire Yesterday the President wrote to the on September 30, 2000. The Senate should not Women’s Law Center, the American delay, and I urge you to pass a freestanding Majority Leader urging passage of Association of University Women and version of the Biden-Hatch VAWA reauthor- VAWA II this week. This is a top pri- dozens of women’s organization across ization bill this week. The women and fami- ority not only for the Administration the country. I hope that the rumors of lies whose lives have been scarred by domes- but for the Nation. The President such an effort by the Republican lead- tic violence deserve nothing less than imme- wrote: ‘‘The Senate should not delay, ership will prove unfounded and that diate action by the Congress. and I urge you to pass a freestanding no such cynical pairing will be at- Sincerely, version of the Biden-Hatch VAWA re- tempted. It is destined to fail and only BILL CLINTON. authorization bill this week. The delays and distracts the Senate from NOW LEGAL DEFENSE women and families whose lives have what we should be doing—passing AND EDUCATION FUND, been scarred by domestic violence de- VAWA II. Washington, DC, September 28, 2000. serve nothing less than immediate ac- I believe the Senate can and should DEAR SENATOR: The Violence Against tion by the Congress.’’ The President is pass VAWA II as a clean, stand-alone Women Act runs out in two days. The Senate right. bill, without further delay. That is must act immediately! Do not let VAWA die—pass S. 2787, the reauthorization of the This Tuesday the House of Rep- what Senator BIDEN urged Tuesday. resentatives overwhelmingly passed According to the Bureau of Justice Violence Against Women Act. The bipartisan VAWA renewal bill, sponsored by Senators the reauthorization of the Violence Statistics, almost one-third of women Biden and Hatch, has 71 co-sponsors and vir- Against Women Act by a vote of 415 to murdered each year are killed by a hus- tually no opposition. The House passed a 3. I commend the House for finally act- band or boyfriend. In 1998, women expe- similar bill on Tuesday, 415–3. You must de- ing on this important legislation. rience about 900,000 violent offenses at mand that this bill comes to the Senate floor Many of us have been urging Senate ac- the hands of an intimate partner. The today, freestanding and without harmful rid- tion on legislation to reauthorize and only good news about this staggering ers. improve the Violence Against Women number is that it is lower than that of It is unacceptable for the Senate to attach VAWA to or partner it with any bill that the Act for months. We have been stymied previous years when the number of vio- President has threatened to veto. One such by the Republican leadership. lent offenses was well past 1 million. I bill is the Bankruptcy Reform Act, a bill I also would like to thank my friend have no doubt this drop in the numbers that threatens women’s economic security Senator JOE BIDEN, for his leadership of victims of domestic violence is due by:

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9458 CONGRESSIONAL RECORD — SENATE September 28, 2000 Making it more difficult to file bankruptcy This Bankruptcy Reform Act will reduce disappearance of a leading member of and regain economic stability afterwards. the ability of parents to pay their most im- the democratic opposition Viktor Pitting women and children who are trying portant debt—their debt to their children. It Gonchar and his associate, Anatoly to collect child support against powerful is for these reasons that we strongly oppose Krasovsky. And just a few days ago, we commercial companies trying to collect S. 625 and urge you to oppose it as well. credit card and other debts. Very truly yours, were informed that Belarusian Popular Punishing honest low income bankruptcy National Women’s Law Center. Front leader Vintsuk Viachorka’s re- filers while providing cover for individuals National Partnership for Women & Fami- quest for air time on Belarusian tele- convicted of violating FACE (clinic violence lies. vision to explain why the opposition is protections). ACES, Association for Children for En- boycotting the parliamentary elections We cannot support a bill that uses VAWA forcement of Support, Inc. to provide cover for legislation that also was met with a hateful, disparaging American Association of University diatribe on the main newscast ‘‘Pano- hurts women. S. 2787 can be passed under Women. Unanimous Consent today. Please just do it. American Medical Women’s Association. rama.’’ Sincerely, Business and Professional Women/USA. This is only the tip of the iceberg—in PATRICIA BLAU REUSS, Center for Law and Social Policy. addition, the Helsinki Commission is Vice President, Government Relations. Center for the Advancement of Public Pol- receiving reports of detentions, fines icy. and instances of beatings of opposition NATIONAL WOMEN’S LAW CENTER, Center for the Child Care Workforce. activists who are promoting a boycott NATIONAL PARTNERSHIP FOR Church Women United. of the elections by distributing leaflets WOMEN & FAMILIES, Coalition of Labor Union Women (CLUW). September 17, 1999. Equal Rights Advocates. or other literature or holding meetings Re: S. 625, The ‘‘Bankruptcy Reform Act of Feminist Majority. with voters. In recent weeks, we have 1999’’ Hadassah. also been informed of the refusal to DEAR SENATOR: The undersigned women’s International Women’s Insolvency & Re- register many opposition candidates on and children’s organizations write to urge structuring Confederation (‘‘IWIRC’’). dubious grounds; the seizure of over you to oppose S. 625, the ‘‘Bankruptcy Re- National Association of Commissions for 100,000 copies of the independent trade form Act of 1999.’’ Women (NACW). union newspaper ‘‘Rabochy’’; forceful Hundreds of thousands of women and their National Black Women’s Health Project. children are affected by the bankruptcy sys- National Center for Youth Law. disruptions of public meetings with tem each year as debtors and creditors. In- National Council of Jewish Women. representatives of the opposition; an deed, women are the fastest growing group in National Council of Negro Women. apparent burglary of the headquarters bankruptcy. In 1999, over half a million National Organization for Women. of the Social Democratic Party; a ban women are expected to file for bankruptcy National Women’s Conference. of the First Festival of Independent by themselves—more than men filing by Northwest Women’s Law Center. Press in Vitebsk, and recent ‘‘reminder themselves or married couples. About 200,000 NOW Legal Defense and Education Fund. letters’’ by the State Committee on of these women filers will be trying to col- Wider Opportunities for Women. lect child support or alimony. Another The Women Activist Fund. Press for independent newspapers to re- 200,000 women owed child support or alimony Women Employed. register. by men who file for bankruptcy will become Women Work! Mr. President, Belarusian opposition bankruptcy creditors. Women’s Institute for Freedom of Press. parties supporting the boycott have re- S. 625 puts both groups of economically Women’s Law Center of Maryland, Inc. ceived permission to stage ‘‘Freedom vulnerable women and children at greater YWCA of the U.S.A. March III’’ this Sunday, October 1. At a risk. By increasing the rights of many credi- f number of past demonstrations, police tors, including credit card companies, finance companies, auto lenders and others, CONTINUING CLIMATE OF FEAR IN have detained, harassed and beaten the bill would set up a competition for scarce BELARUS participants. Those in Congress who resources between parents and children owed are following developments in Belarus Mr. CAMPBELL. Mr. President, as child support and commercial creditors both are hopeful that this demonstration during and after bankruptcy. And single par- co-chairman of the Helsinki Commis- will take place peacefully, that au- ents facing financial crises—often caused by sion, I take this opportunity to update thorities do not limit the rights of divorce, nonpayment of support, loss of a my colleagues on the situation in Belarusian citizens to freedom of asso- job, uninsured medical expenses, or domestic Belarus, as I have done on previous oc- ciation and assembly, and that the violence—would find it harder to regain their casions. Government of Belarus will refrain economic stability through the bankruptcy The Belarusian parliamentary elec- process. The bill would make it harder for from acts of repression against the options are scheduled for October 15, and position and others who openly advo- these parents to meet the filing require- unfortunately, they do not meet the ments; harder, if they got there, to save cate for a boycott of these elections. their homes, cars, and essential household basic commitments outlined by the Or- Mr. President, the Helsinki Commis- items; and harder to meet their children’s ganization for Security and Coopera- sion continue to monitor closely the needs after bankruptcy because many more tion in Europe (OSCE) concerning free events surrounding these elections and debts would survive. and democratic elections. Moreover, we will keep the full Senate apprized of Contrary to the claims of some, the domes- many observers have concluded that tic support provisions included in the bill developments in the ongoing struggle the Belarusian government has not for democracy in Belarus. would not solve these problems. The provi- made real progress in fulfilling four sions only relate to the collection of support criteria for international observation during bankruptcy from a bankruptcy filer; f they do nothing to alleviate the additional of the elections: respect for human hardships the bill would create for the hun- rights and an end to the climate of dreds of thousands of women forced into fear; opposition access to the state SCHOOL SHOOTINGS bankruptcy themselves. And even for women media; a democratic electoral code; Mr. LEVIN. Mr. President, it is not who are owed support by men who file for and the granting of real power to the even one month into the school year bankruptcy, the provisions fail to ensure parliament that will be chosen in these and yet school is canceled for the week that support payments will come first, ahead elections. at Carter C. Woodson Middle School in of the increased claims of the commercial creditors. Some improvement were made in Instead, the Helsinki Commission has New Orleans, Louisiana. On Tuesday the domestic support provisions in the Judi- observed that the Lukashenka regime afternoon, a 13-year-old boy, who had ciary Committee. However, even the revised launched a campaign of intensified har- been expelled from school for fighting, provisions fail to solve the problems created assment in recent days directed allegedly slipped another 13-year-old a by the rest of the bill, which gives many against members of the opposition. We .38-caliber revolver. The expelled teen other creditors greater claims—both during have received reports that just last was seen passing the handgun through and after bankruptcy—than they have under week, Anatoly Lebedka, leader of the the school fence to the other 13-year- current law. The bill does not ensure that, in United Civic Party, whom many of my old, who allegedly used the gun to this intensified competition for the debtor’s limited resources, parents and children owed colleagues met when he visited the shoot a 15-year-old schoolmate. Ac- support will prevail over the sophisticated Senate last year, was roughed up by cording to witnesses, the 15-year-old collection departments of these powerful in- police after attending an observance then managed to get the gun from his terests. marking the first anniversary of the attacker and return gunfire.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9459 As a result of this school day skir- There being no objection, the eulogy MAUREEN MANSFIELD mish, two teenagers have been hos- was ordered to be printed in the She sat in the shadow—I stood in the lime- pitalized in critical condition and an- RECORD, as follows: light. She gave all of herself to me. other teen-ager has been booked on EULOGY FOR MAUREEN MANSFIELD DELIVERED I failed in recognition of that fact until too charges of illegally carrying a gun and BY SENATOR MIKE MANSFIELD, SEPTEMBER being a principal to attempted first-de- 26, 2000 late—because of my obstinacy, self centeredness and the like. gree murder. In addition, the 600 stu- 1929 She sacrificed much almost always in my dent middle school is in a ‘‘cooling off We met—She was 24 and I was 26. favor—I sacrificed nothing. period,’’ meaning classes are canceled She was a high school teacher; I was a She literally remade me in her own mold, for the rest of the week. miner in the Copper mines of Butte. her own outlook, her own honest beliefs. It is deeply disturbing that teen- She was a college graduate; I had not fin- What she was, I became. Without her—I agers have such easy access to hand- ished the 8th grade. would have been little or nothing. With her— guns. The laws in this country make it She urged me to achieve a better edu- she gave everything of herself. No sacrifice cation. I followed her advice and with her was too little to ignore nor too big to over- illegal for a juvenile to possess a hand- help, in every way, we succeeded. gun or a person to sell, deliver, or oth- come. She took me out of the mines and brought She was responsible for my life, my edu- erwise transfer a handgun to a juve- me to the surface. cation, my teaching career, our elections to nile. Yet, with so many loopholes in 1932 the House and Senate and our selection to our firearm distribution laws, it is easy We were married in Missoula during the the Embassy to Japan. for prohibited users, such as young peo- great depression. She gave of herself that I could thrive, I ple, to find illegal access to thousands She gave up her teaching job. could learn, I could love, I could be secure, I of guns. She cashed in on her insurance. could be understanding. Congress can close those loopholes She brought what little savings she had She gave of her time to my time so that and act to prevent tragedies like the and, she did it all for me. together we could achieve our goals. one in New Orleans. With only one 1940 I will not say goodby to Maureen, my love, but only ‘‘so long’’ because I hope the Good Maureen was very politically oriented—I week left until the Senate’s target ad- Lord will make it possible that we will meet was not. journment, the time is now. We must at another place in another time and we will She urged me to run for Congress. pass sensible gun laws and reduce the then be together again forever. threat of gun violence in our schools We campaigned together. We finished next to last. f and communities. The day after the election she put us on SENATE QUARTERLY MAIL COSTS f the campaign trail for the next election and Mr. MCCONNELL. Mr. President, in VICTIMS OF GUN VIOLENCE we won. 1942 accordance with section 318 of Public Mr. DURBIN. Mr. President, it has Maureen was largely responsible for our Law 101–520 as amended by Public Law been more than a year since the Col- election to the House of Representatives. 103–283, I am submitting the frank mail umbine tragedy, but still this Repub- Almost every summer she drove herself allocations made to each Senator from lican Congress refuses to act on sen- and our daughter, Anne, to Missoula—5 days the appropriation for official mail ex- sible gun legislation. and 3,000 miles. penses and a summary tabulation of Since Columbine, thousands of Amer- Why? To campaign for us and in Senate mass mail costs for the third icans have been killed by gunfire. Until 1952 quarter of FY2000 to be printed in the we act, Democrats in the Senate will She got us elected to the U.S. Senate. RECORD. The official mail allocations read the names of some of those who 1977 are for franked mail expenses only, and have lost their lives to gun violence in We decided—after talking it over, to retire. therefore are unrelated to the mass the past year, and we will continue to We did not owe anything to anybody—ex- mail expenditure totals. The third do so every day that the Senate is in cept the people of Montana—nor did anyone quarter of FY2000 covers the period of session. owe anything to us. April 1, 2000 through June 30, 2000. The In the name of those who died, we 1977 official mail allocations are available will continue this fight. Following are President Carter asked me if we would be for franked mail costs, as stipulated in the names of some of the people who interested in becoming the U.S. Ambassador Public Law 106–57, the Legislative were killed by gunfire one year ago to Japan. Maureen thought we should accept Branch Appropriations Act of 2000. today. and we did and when President Reagan called September 28, 1999: and asked us to stay, we did for almost 12 Mr. President, I ask unanimous con- Stephanie Borjon, 25, Fort Worth, years. sent to print the frank mail allocations TX; Fransisco Cabera, 17, Oklahoma 1988 in the RECORD. City, OK; Everett Lee, 27, Detroit, MI; Around Xmas Maureen almost literally There being no objection, the mate- Dennis Mattei, 19, Bridgeport, CT; Ron- forced me to go to the Naval Hospital at rial was ordered to be printed in the ald L. Pearson, 29, Memphis, TN; Sohan Yokosuka, which sent me to the Army Hos- RECORD, as follows: S. Rahil, 65, Bedford Heights, OH; Jus- pital at Honolulu, which sent me directly to Walter Reed Army Hospital where I had Senate quarterly mass mail volumes and tin Thomas, 27, Baltimore, MD; Chris- costs for the quarter ending 06/30/00 heart bypass and prostate operations. Again FY2000 of- topher M. Williams, 26, Memphis, TN; it was Maureen. Senators ficial mail Pieces allocation Total per cap- Total cost Cost per Douglas Younger, 43, Houston, TX; and 1989 pieces capita Unidentified Male, Detroit, MI. ita We came home. We cannot sit back and allow such Abraham ...... $114,766 0 0 $0.00 0 senseless gun violence to continue. The 1998 Akaka ...... 35,277 0 0 0.00 0 Allard ...... 65,146 0 0 0.00 0 deaths of these people are a reminder Illness began to take its toll on Maureen. Ashcroft ...... 79,102 0 0 0.00 0 to all of us that we need to enact sen- On September 13, 2000, less than 2 weeks Baucus ...... 34,375 0 0 0.00 0 ago, we observed—silently—our 68th Wedding Bayh ...... 80,377 0 0 0.00 0 sible gun legislation now. Anniversary. Bennett ...... 42,413 0 0 0.00 0 Biden ...... 32,277 0 0 0.00 0 f Maureen and I owe so much to so many Bingaman ...... 42,547 0 0 0.00 0 EULOGY TO MAUREEN MANSFIELD that I cannot name them all but my family Bond ...... 79,102 0 0 0.00 0 owes special thanks to Dr. William Gilliland, Boxer ...... 305,476 0 0 0.00 0 Breaux ...... 66,941 0 0 0.00 0 Mr. HOLLINGS. Mr. President, Mike and his associates, who down through the Brownback ...... 50,118 0 0 0.00 0 Mansfield’s eulogy to his wife, last decade did so much to alleviate Bryan ...... 43,209 0 0 0.00 0 Maureen’s pain and suffering at Walter Reed Bunning ...... 63,969 0 0 0.00 0 Maureen, this past Tuesday at her fu- Burns ...... 34,375 0 0 0.00 0 neral was simply beauty. It was vin- Army Medical Hospital—one of the truly Byrd ...... 43,239 0 0 0.00 0 tage Mansfield—and any other com- great medical centers in our country. Campbell ...... 65,146 0 0 0.00 0 We also owe special thanks to Gloria Za- Chafee, Lincoln 34,703 0 0 0.00 0 ment would mar its eloquence. On be- Cleland ...... 97,682 0 0 0.00 0 pata, Ana Zorilla and Mathilde Kelly Boyes Cochran ...... 51,320 0 0 0.00 0 half of the distinguished Senator from and Ramona the ‘‘round the clockers’’ who Collins ...... 38,329 0 0 0.00 0 Alaska, Mr. STEVENS, and myself, I ask took such loving care of Maureen for the last Conrad ...... 31,320 0 0 0.00 0 Coverdell ...... 97,682 0 0 0.00 0 unanimous consent that it be included two years on a 24 hour day, seven day week Craig ...... 36,491 3,100 0.00308 612.63 $0.00061 in the RECORD. basis. Crapo ...... 36,491 4,270 0.00424 3,351.95 0.00333

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9460 CONGRESSIONAL RECORD — SENATE September 28, 2000

Senate quarterly mass mail volumes and capital investments and to develop THE VERY BAD DEBT BOXSCORE costs for the quarter ending 06/30/00 FY2000 of- cost-effective fiscal strategies. Mr. HELMS. Mr. President, at the Senators ficial mail Pieces I ask unanimous consent to print the close of business yesterday, Wednes- allocation Total per cap- Total cost Cost per pieces ita capita letter in the RECORD. day, September 27, 2000, the Federal There being no objection, the letter debt stood at $5,650,215,693,123.45, five Daschle ...... 32,185 0 0 0.00 0 DeWine ...... 131,970 0 0 0.00 0 was ordered to be printed in the trillion, six hundred fifty billion, two Dodd ...... 56,424 0 0 0.00 0 RECORD, as follows: hundred fifteen million, six hundred Domenici ...... 42,547 0 0 0.00 0 Dorgan ...... 31,320 0 0 0.00 0 NATIONAL GOVERNORS’ ASSOCIATION, ninety-three thousand, one hundred Durbin ...... 130,125 0 0 0.00 0 Washington, DC, September 27, 2000. twenty-three dollars and forty-five Edwards ...... 103,736 0 0 0.00 0 Enzi ...... 30,044 0 0 0.00 0 Hon. TRENT LOTT, cents. Feingold ...... 74,483 0 0 0.00 0 Senate Majority Leader, U.S. Senate, Wash- One year ago, September 27, 1999, the Feinstein ...... 305,476 0 0 0.00 0 ington, DC. Fitzgerald ...... 130,125 0 0 0.00 0 Federal debt stood at $5,641,248,000,000, Frist ...... 78,239 0 0 0.00 0 DEAR SENATOR LOTT: The nation’s Gov- five trillion, six hundred forty-one bil- Gorton ...... 81,115 320,000 0.06575 59,397.50 0.01220 ernors support legislation that both wisely Graham ...... 185,464 0 0 0.00 0 lion, two hundred forty-eight million. Gramm ...... 205,051 1,215 0.00007 955.70 0.00006 reinvests Outer Continental Shelf (OCS) Five years ago, September 27, 1995, Grams ...... 69,241 156,322 0.03573 31,676.86 0.00724 mineral revenues into assets of lasting value the Federal debt stood at Grassley ...... 52,904 0 0 0.00 0 and shares a meaningful portion of these rev- Gregg ...... 36,828 0 0 0.00 0 $4,955,603,000,000, four trillion, nine Hagel ...... 40,964 0 0 0.00 0 enues with states and territories. We have Harkin ...... 52,904 0 0 0.00 0 previously endorsed H.R. 701, the Conserva- hundred fifty-five billion, six hundred Hatch ...... 42,413 0 0 0.00 0 three million. Helms ...... 103,736 0 0 0.00 0 tion and Reinvestment Act (CARA), but rec- Hollings ...... 62,273 0 0 0.00 0 ognize that alternatives are being consid- Ten years ago, September 27, 1990, Hutchinson ...... 51,203 0 0 0.00 0 ered. We urge that any final legislation allo- the Federal debt stood at Hutchison ...... 205,051 0 0 0.00 0 Ihhofe ...... 58,884 0 0 0.00 0 cating OCS revenues include stable funding $3,217,914,000,000, three trillion, two Inouye ...... 35,277 0 0 0.00 0 and a strong commitment to the states. hundred seventeen billion, nine hun- Jeffords ...... 31,251 0 0 0.00 0 As new proposals are floated, we hope that Johnson ...... 32,185 0 0 0.00 0 dred fourteen million. Kennedy ...... 82,915 0 0 0.00 0 you will remember the essential strengths of Fifteen years ago, September 27, 1985, Kerrey ...... 40,964 0 0 0.00 0 CARA. CARA assures a dependable stream of the Federal debt stood at Kerry ...... 82,915 1,135 0.00019 1,003.91 0.00017 Kohl ...... 74,483 0 0 0.00 0 funding. This enables states to implement $1,823,103,000,000, one trillion, eight Kyl ...... 71,855 0 0 0.00 0 long-term capital investments and to de- hundred twenty-three billion, one hun- Landrieu ...... 66,941 0 0 0.00 0 velop cost-effective fiscal strategies. Being dred three million, which reflects a Lautenberg ...... 97,508 0 0 0.00 0 subjected to the annual appropriations proc- Leahy ...... 31,251 16,630 0.02955 4,088.94 0.00727 debt increase of close to $4 trillion— Levin ...... 114,766 0 0 0.00 0 ess will not provide the stability necessary Lieberman ...... 56,424 0 0 0.00 0 for states to take advantage of low-interest $3,827,112,693,123.45, three trillion, eight Lincoln ...... 51,203 1,530 0.00065 390.05 0.00017 hundred twenty-seven billion, one hun- Lott ...... 51,320 1,515 0.00059 1,411.99 0.00055 bonds, enter into voluntary conservation Lugar ...... 80,377 0 0 0.00 0 agreements with private landowners, and in- dred twelve million, six hundred nine- Mack ...... 185,464 0 0 0.00 0 vest in long-term programs to recover de- ty-three thousand, one hundred twen- McCain ...... 71,855 0 0 0.00 0 McConnell ...... 63,969 0 0 0.00 0 clining species. A one-year appropriation to ty-three dollars and forty-five cents, Mikulski ...... 73,160 0 0 0.00 0 state programs simply will not address con- during the past 15 years. Moynihan ...... 184,012 0 0 0.00 0 cerns. Murkowski ...... 31,184 0 0 0.00 0 f Murray ...... 81,115 0 0 0.00 0 CARA also focuses on conserving and pre- Nickles ...... 58,884 0 0 0.00 0 serving both federal and state assets. Parks, ADDITIONAL STATEMENTS Reed ...... 34,703 0 0 0.00 0 estuaries, wildlife, and historical properties Reid ...... 43,209 0 0 0.00 0 Robb ...... 89,627 0 0 0.00 0 are not limited to federal lands. A meaning- Roberts ...... 50,118 6,042 0.00244 4,754.74 0.00192 ful share of the Outer Continental Shelf rev- 300TH ANNIVERSARY OF ST. DA- Rockefeller ...... 43,239 0 0 0.00 0 enues should be shared with the states and Roth ...... 32,277 0 0 0.00 0 VID’S CHURCH AND ST. PETER’S Santorum ...... 139,016 0 0 0.00 0 territories so that investments in the con- CHURCH Sarbanes ...... 73,160 0 0 0.00 0 servation of America can occur in a com- ∑ Schumer ...... 184,012 0 0 0.00 0 prehensive manner. This hallmark of CARA Mr. SANTORUM. Mr. President, I Sessions ...... 68,176 0 0 0.00 0 Shelby ...... 68,176 0 0 0.00 0 is the investment of resources and the em- rise today to recognize the 300th anni- Smith, Gordon 58,557 0 0 0.00 0 powerment of states to set their own prior- versary of St. David’s Church in Ber- Smith, Robert .. 36,828 0 0 0.00 0 ities, particularly as they respond to federal Snowe ...... 38,329 0 0 0.00 0 wyn, Pennsylvania and St. Peter’s Specter ...... 139,016 0 0 0.00 0 mandates and fulfill state environmental Church in the Great Valley, near Paoli, Stevens ...... 31,184 0 0 0.00 0 goals. These fundamental elements must be Pennsylvania. The two parishes were Thomas ...... 30,044 0 0 0.00 0 incorporated into any final legislation. Thompson ...... 78,239 0 0 0.00 0 established in 1700 as mission churches Thurmond ...... 62,273 0 0 0.00 0 As you know, Representative Norman D. of the historic Christ Church, Philadel- Torricelli ...... 97,508 0 0 0.00 0 Dicks (D-Wash.) recently proposed a ‘‘Lands Voinovich ...... 131,970 0 0 0.00 0 phia to serve those that settled Chester Warner ...... 89,627 0 0 0.00 0 Legacy Trust’’ fund amendment to the fiscal County. Wellstone ...... 69,241 0 0 0.00 0 2001 Interior appropriations conference re- Wyden ...... 58,557 0 0 0.00 0 port. Many Governors perceive the Dicks Philadelphia is where so many of our Founders came together to deliberate, Totals ...... 7,594,942 511,759 0.14229 107,644.26 0.03350 amendment as a departure from the principles of CARA. The Dicks amendment does sign the Declaration of Independence f not guarantee an increase in net funding or and fight in battles during the Revolu- guarantee full funding for conservation pro- tionary War. Both churches, now na- CONSERVATION AND grams. tionally registered landmarks, were in- REINVESTMENT ACT The reported CARA compromise reached volved in the war. St. David’s parish Ms. LANDRIEU. Mr. President, a let- by congressional leaders on September 26th sent forth General Anthony Wayne to ter from the National Governors’ Asso- is an approach that more closely resembles fight with General Washington, and St. ciation on September 27th to the ma- the principles of CARA. This proposal has Peter’s served as a field hospital for the support of the National Governors’ Asso- jority leader of the Senate expresses soldiers that were wounded. the National Governors’ Association’s ciation (NGA) and should be strongly considered as a viable option as negotiations pro- For 300 years—longer than we have views that any final version of the Con- ceed. been a nation—these two churches servation and Reinvestment Act On behalf of NGA, we urge that any final have been vital elements of the com- (CARA) legislation include stable fund- legislation allocating OCS revenues address munities in which they reside and ing and a strong commitment to the the concerns we have raised. We appreciate serve. Governor Tom Ridge recently se- states by reinvesting Outer Conti- your efforts to conserve the nation’s most lected St. Peter’s Church, a registered nental Shelf (OCS) mineral revenues valuable resources by creating a lasting and historical landmark, as the site for the into assets of lasting value and sharing comprehensive legacy for the American peo- signing of Pennsylvania’s ‘‘Growing a meaningful portion of these revenues ple and future generations. Greener’’ bill. with states and territories. In addition, Sincerely, On October 21, 2000 these two church- GOVERNOR THOMAS J. the letter points out that the essential WILSACK, es will hold a combined anniversary strengths of CARA are that it assures a Chair, Committee on Natural Resources. celebration at St. Peter’s Church in the dependable stream of funding which en- GOVERNOR FRANK KEATING, Great Valley. The celebration will fea- ables states to implement long-term Vice Chair, Committee on Natural Resources. ture historic symposia, period food and

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9461 costume, and the burial of a time cap- CONGRATULATING MOUNT SAINT nal wooden building and the work that sule. This event will enable people to CHARLES ACADEMY went into its creation continue to em- gain insight into the lives of our his- ∑ Mr. L. CHAFEE. Mr. President, this body the values of all those associated toric forebears. I commend area leaders past weekend, Mount Saint Charles with the church. Despite the absence of for initiating such a celebration and Academy of Woonsocket, Rhode Island, Turner Hill’s original sixteen members look forward to the upcoming festivi- was honored at a ceremony recognizing at today’s centennial celebration, ties. it as a Blue Ribbon School. I would like many of their descendants are de- I am therefore pleased to celebrate to commend them on this outstanding lighted to take part. By the same the 300th anniversary of St. David’s achievement. token, some of the original nine fami- Church and St. Peter’s Church. To ‘‘Mount,’’ as it is called in Rhode Is- lies, including my own, who were honor this event, I put forward the fol- land has long been recognized nation- present as the church opened in 1901 lowing proclamation: ally for its elite hockey program. In continue to attend regular services: Whereas, 300 years ago, St. David’s Church fact, the Mounties hockey team is so Turner Hill has both fifth and sixth and St. Peter’s Church in the Great Valley good that they have won the last 23 generation members. I am also proud were founded as missions of the historic Rhode Island State Championships—a to be related to both the church’s cur- Christ Church, Philadelphia; rent youngest and oldest members. Whereas, the congregations of St. David’s record—and during that stretch they skated their way to ten straight High While my father, Mr. Joseph Hugh Church and St. Peter’s Church in the Great Cleland, and Aunt, Mrs. Georgia Mae Valley played a vital role in the early School National Championships. growth of historic Chester County, Pennsyl- But in Rhode Island, Mount Saint Cleland Johnston, are Turner Hill’s vania; Charles is best known for its excellent most senior members, my cousin, Miss Whereas, St. David’s Church was the home academic reputation. It is great to see Jessica Wages is the newest addition to parish and eventual burial site for General ‘‘Mount’’ recognized nationally for its the 151 member congregation. Anthony Wayne, a hero of the American academic excellence, not just its hock- Over the years, the church itself and Revolution; the faces in the pews have changed, but Whereas, St. David’s Church and its grave- ey. The Blue Ribbon School program re- one thing has remained a constant— yard are registered as a National Historic community. My friends and family at Landmark; wards schools that excel in all areas of Whereas, St. Peter’s Church in the Great academic leadership, teaching and Turner Hill have pulled together in Valley is a registered National Historic teacher development, and school cur- times of crisis and joined each other in Landmark which served recently as the site riculum. Schools are chosen through a celebration throughout the years. Be- selected by the Governor of Pennsylvania for competitive application process that hind the leadership of Reverend Farrell the signing of the ‘‘Growing Greener’’ land rates each school on two areas. The Wilkins and with God and family at the conservation bill; center of their lives, the members of Whereas, St. David’s Church and St. first category, ‘‘Conditions of Effective Schooling,’’ includes teaching environ- my church today commemorate an his- Peter’s Church in the Great Valley have sent toric anniversary. May their next hun- their parishioners out into the larger comment, curriculum and instruction, par- munity as public servants throughout their ent and community support, and stu- dred years be as prosperous as their ∑ history; dent environment. The second cat- first. Whereas, St. David’s Church and St. egory, ‘‘Indicators of Success,’’ in- f Peter’s Church in the Great Valley continue cludes student test performance, high to serve their communities, their State and IN RECOGNITION OF FATHER the Nation as strong civic partners in nu- attendance and graduation rates, as ALBERT R. CUTIE merous programs to provide food, shelter, well as postgraduate pursuits. ∑ Mr. TORRICELLI. Mr. President, I clothing, education, health care, and other I am proud to see a Rhode Island rise today to recognize Father Albert forms of nurture to those in need; school recognized nationally for set- R. Cutie, to whom the 25th Hispanic- Now therefore be it resolved by the United ting the bar high, and I applaud the American Parade of New Jersey An- States Senate That St. David’s Church and St. teachers, principles, and students who Peter’s Church in the Great Valley be offi- nual Banquet is being dedicated. This have worked so hard to make Mount tremendous honor is being bestowed cially recognized and commended on the oc- Saint Charles a Blue Ribbon School.∑ casion of their 300th anniversary of worship, upon an individual who is a true exam- September 2, 2000.∑ f ple of the possibilities that are avail- f able to all in our great nation. TRIBUTE TO THE TURNER HILL Father Albert’s parents were forced, IN RECOGNITION OF WILLIAM BAPTIST CHURCH like many others, to flee from Cuba to HERNANDEZ ∑ Mr. CLELAND. Mr. President, it is Spain due to the atheist-communist ∑ Mr. TORRICELLI. Mr. President, I with great personal joy and pride that dictatorship that took over their rise to recognize William Hernandez for I come before you today to commemo- homeland. Fortunately, his family was his efforts as president of the Hispanic rate an anniversary that is of par- reunited a few years later in San Juan, State Parade of New Jersey. His work ticular importance to my family and Puerto Rico, and was able to emigrate has done a great deal for Hispanic- me. One hundred years ago, on October to the United States when he was seven Americans, and it is an honor to ac- 13, 1900, in a borrowed school building years old. Here he has been able to pur- knowledge him today. at the intersection of McDaniel and sue a life that would not have been pos- As president of the Hispanic State Rockland Roads, sixteen original mem- sible in communist Cuba. Parade of New Jersey, Mr. Hernandez bers of the Turner Hill Baptist Church Father Albert has always been a tal- has been able to honor the accomplish- convened for the first time. ented and industrious soul. From a ments of many prominent Hispanic- The group enjoyed being together young age, he showed vibrant entrepre- Americans. For the last three years he and quickly became a strong extended neurial skills by turning his love for has also served as the president of family. In fact, within months of their music into his own business. During his DesFile Hispanoacericano of New Jer- first meeting at the Old County Line High School years his experience in sey. During that time, he has worked School, the members decided to cement parish youth groups and spiritual re- to arrange the first international cul- their closeness by constructing a per- treats began to foster his great love for tural and health fair, and create unity manent church building of their own. the Church and its mission. Hearing his and cultural pride among Hispanic- On land donated by E.L. Turner and as calling, Father Albert entered the Americans. a result of its members’ ingenuity and Seminary in 1987 and was ordained on Mr. Hernandez is an extremely tal- hard work, the beginning of 1901 May 13, 1995. ented and energetic individual. His marked the opening of Turner Hill Bap- Since his ordination, countless indi- work on behalf of Hispanic-Americans tist Church, a wooden structure heated viduals have benefitted from Father has been truly beneficial, and I am con- by one wood stove and lit by kerosene Albert’s love and guidance. Not only fident he will continue to work tire- lamps. does he continue to reach out to indi- lessly for all Americans of Hispanic de- Although the congregation moved to viduals, families, the sick, and those in cent as well as all of society.∑ a new brick structure in 1954, the origi- need, but he works diligently to give

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9462 CONGRESSIONAL RECORD — SENATE September 28, 2000 the youth of our society a better fu- half years for the Secretary of the Sen- today to laud a group that has dedi- ture. ate in the Office of National Security cated its time and resources to Geor- We are truly fortunate to have an in- Information, which later became what gia’s youth in attempts to secure a dividual such as Father Albert as a is now the Office of Senate Security. brighter future for us all. Throughout member of our society. I am confident Countless numbers of my colleagues its existence, The Georgia Early Learn- that our future is much brighter and staff who attended classified brief- ing Initiative, a collaboration of busi- thanks to the efforts of Father Albert ings or conferences up in S–407 of the ness and labor leaders, health and and other young Americans like him.∑ Capitol during that period have first human service providers, educators, f hand knowledge of Jan Gordon’s supe- and legislators, has sought to increase rior administrative abilities and orga- access to, and funding for, early edu- RECOGNITION OF OUR LADY OF nizational skills. cation throughout our state. PROVIDENCE JUNIOR/SENIOR In 1987, Chairman Sam Nunn of the As a reflection of today’s fast-paced HIGH SCHOOL IN CLARKSVILLE, Armed Service Committee appointed society, households increasingly boast INDIANA, WINNER OF THE PRES- Jan Gordon as a staff assistant, and she two working parents who can neither TIGIOUS BLUE RIBBON SCHOOLS was charged with the very demanding afford to miss work nor pay the often AWARD task supporting the staff and work of exorbitant cost of childcare in our ∑ Mr. BAYH. Mr. President, I rise the Strategic Subcommittee. Not sur- country. In fact, while only forty per- proudly today to congratulate Our prisingly, Jan rose to the occasion. She cent of children are cared for by a par- Lady of Providence Junior/Senior High met all of the needs of the Sub- ent all day, sixty-seven percent of School in Clarksville, Indiana for its committee, while at the same time she Georgia mothers with children under selection by the U.S. Secretary of Edu- had sole responsibility for the proc- age six are in the workforce. Increas- cation as one of the Nation’s out- essing and printing of typically 20–25 ingly, many parents want to stay standing Blue Ribbon Schools. Our hearing transcripts per year, many of home, yet have no choice but to work. Lady of Providence is one of only two which were classified. Because her However, it takes a dedicated and self- Indiana schools, and of only 198 schools work was so excellent, Jan Gordon was less group of people to bring about re- across the country, to be awarded this the person Committee’s Chief Clerk sults; there is no greater champion of prestigious recognition. turned to when new staff assistants Georgia’s children and investment in In order to be recognized as a Blue needed to be taught ‘‘how to do things the future than The Georgia Early Ribbon School, Our Lady of Providence the right way.’’ Learning Initiative. met rigorous criteria for overall excel- When I became Ranking Minority A child’s pre-school years are more lence. The teachers and administration Member of the Committee in 1997 fol- important than we have previously ac- officials demonstrated to the Secretary lowing Senator San Nunn’s retirement knowledged. With 554,430 Georgia chil- of Education the qualities necessary to from the Senate, one of the quickest dren currently enrolled in preschool, prepare successfully our young people and easiest decisions I made was to ask and the knowledge that ninety percent for the challenges of the new century, Jan to continue working for me and of human brain functions develop dur- and proved that the students here ef- the rest of the Committee’s Minority ing the first three years of life, early fectively met local, state and national Members and staff. I was delighted that learning and improved childcare are goals. she accepted my offer, because Jan is a perhaps more important than ever be- Hoosiers can be very proud of our valuable and key member of the Minor- fore. It is our responsibility as a nation Blue Ribbon schools. The students and ity Staff of the Armed Services Com- and leaders to support activists who faculty of Our Lady of Providence have mittee. are willing to fight for worthy causes, shown a consistent commitment to Jan Gordon’s service on the staff of especially when those causes will ben- academic excellence and community the Armed Services Committee has efit generations to come. We owe it to leadership. Our Lady of Providence has been remarkable. She has an uncom- our children to provide equal access to raised the bar for educating our chil- promising work ethic and a strong early learning options which will place dren and for nurturing strong values. dedication to duty. Of the over 5,000 them on a secure footing and will allow This Hoosier school provides a clear ex- days she will have worked for the them to excel in life. It is the mission ample as we work to improve the qual- Armed Services Committee when she of the dedicated men and women who ity of education in Indiana and across retires, she has only had seven sick comprise the Georgia Early Learning the Nation.∑ days. Being late to work, cutting any Initiative to increase childcare choices f corner for the sake of moving a project for parents and to extend the oppor- forward, or not being totally coopera- TRIBUTE TO JAN GORDON tunity to succeed to all of America’s tive and responsive are foreign and un- children, no matter what their family’s ∑ Mr. LEVIN. Mr. President, as the acceptable concepts to Jan. Her stead- station in life. In the future, we will Senate nears adjournment I want to fast attention to detail is legendary only be as strong as our children. As pay a special tribute to a special mem- around the Committee, as is her com- Pearl Buck said, ‘‘If our American way ber of the Armed Services Committee’s mitment to meeting the highest stand- of life fails the child, it fails us all.’’ Minority staff. After a long and suc- ards in everything she does. As I think back to where we have cessful career in both the Executive Jan Gordon has always given com- been and once again focus on the glo- and Legislative Branch, but mostly pletely of herself each and every day of rious horizon, I cannot help but feel op- here in the United States Senate, Jan the nearly fourteen years she has timistic about our future knowing that Gordon will be leaving our staff on No- served on the staff of the Senate Armed men and women like those working vember 30. Speaking not only for my- Services Committee. When she departs with the Georgia Early Learning Ini- self, but on behalf of the entire Com- the Committee staff, all of us will re- tiative continue to fight for a better mittee and our staff, I can tell you that member her for her professionalism, tomorrow for all of our children.∑ Jan will be sorely missed. her enthusiasm, and the consistently f A native North Carolinian, in 1972 high standard she set for herself. We Jan Gordon was recruited by the Fed- are grateful for her service to the Sen- IN RECOGNITION OF THE HONOR- eral Bureau of Investigation to come to ate and the Nation, and we wish her ABLE JUDGE JULIO FUENTES Washington, D.C. to work as an execu- many years of health and happiness in ∑ Mr. TORRICELLI. Mr. President, I tive secretary in their Intelligence Di- the future.∑ rise today to recognize one of New Jer- vision. While her heart always re- f sey’s extremely talented and humble mained in North Carolina, her feet be- public servants, the Honorable Judge came firmly planted in Washington. GEORGIA EARLY LEARNING Julio Fuentes. This distinguished After four years at the FBI, Jan INITIATIVE member of my State is being honored began her Senate career, working first ∑ Mr. CLELAND. Mr. President, with a with the dedication of the 25th His- on the staff of the Joint Atomic En- focus on the horizon and a knowledge panic-American Parade of New Jersey ergy Committee, and then nine and a of where we’ve been, I come before you Annual Banquet in his name, and it

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9463 gives me great pleasure to recognize marketers from interfering with the caller had presented to the President of the his accomplishments. identification service of any person to whom United States the following enrolled Judge Fuentes is a man of great in- a telephone solicitation is made, and for bill: other purposes. tellect and a distinguished record of H.R. 5272. an act to provide for a United S. 1324. An act to expand the boundaries of public service. He is constantly seeking States response in the event of a unilateral the Gettysburg National Military Park to in- to improve himself, as can be attested declaration of a Palestinian state. clude the Wills House, and for other pur- to by his pursuit of master’s degrees in The message further announced that poses. Latin American affairs and liberal arts the House has agreed to the amend- f during his time as a sitting judge. ment of the Senate to the bill (H.R. EXECUTIVE AND OTHER Those who have had the opportunity to 4365) to amend the Public Health Serv- COMMUNICATIONS work with Judge Fuentes universally ice Act with respect to children’s praise his integrity as well as the depth health. The following communications were and breadth of his knowledge of the ENROLLED BILLS SIGNED laid before the Senate, together with law. The message also further announced accompanying papers, reports, and doc- Through a great internal drive and that the Speaker has signed the fol- uments, which were referred as indi- determination, Judge Fuentes has lowing enrolled bills and joint resolu- cated: risen from Newark Municipal Court tions: EC–10949. A communication from the Judge to his current post of judge for S. 1324. An act to expand the boundaries of Under Secretary of Defense, transmitting, the 3rd U.S. Circuit Court of Appeals. the Gettysburg National Military Park to in- pursuant to law, the notice of delay relative Judge Fuentes also has the distinction clude the Will House, and for other purposes. to the report on secondary inventory and of being the first Hispanic-American to H.R. 999. An act to amend the Federal parts shortages; to the Committee on Armed sit on this prestigious court, an honor Water Pollution Control Act to improve the Services. EC–10950. A communication from the As- he has truly earned. quality of coastal recreation waters, and for other purposes. sistant Attorney General, Office of Legisla- Judge Fuentes is a good, honest, de- H.R. 4700. An act to grant the consent of tive Affairs, Department of Justice, trans- cent man. He is an exemplar of the cov- the Congress to the Kansas and Missouri mitting, a draft of proposed legislation enti- eted American ideal of public service. Metropolitan Culture District Compact. tled ‘‘Human Rights Abusers Act of 2000’’; to It was truly an honor to be able to rec- H.J. Res. 72. An act granting the consent of the Committee on the Judiciary. ommend his nomination to President the Congress to the Red River Boundary EC–10951. A communication from the Di- Clinton. We are truly fortunate to have Compact. rector of the Federal Emergency Manage- someone of his immense capabilities The enrolled bills were signed subse- ment Agency, transmitting, a draft of pro- quently by the President pro tempore posed legislation entitled ‘‘National Flood and desire for public service sitting as Insurance Act Amendments of 2000’’; to the (Mr. THURMOND). a judge on the U.S. Circuit Court of Ap- Committee on Banking, Housing, and Urban ∑ peals. At 12:57 p.m., a message from the Affairs. f House of Representatives, delivered by EC–10952. A communication from the Dis- trict of Columbia Auditor, transmitting, pur- Ms. Niland, one of its reading clerks, MESSAGES FROM THE PRESIDENT suant to law, a copy of a report entitled announced that the House has agreed ‘‘Audit of the Accounts And Operations of Messages from the President of the to the report of committee of con- the Washington Convention Center Author- United States were communicated to ference on the disagreeing votes of the ity for Fiscal Years 1997 Through 1999’’; to the Senate by Ms. Evans, one of his two Houses on the amendment of the the Committee on Governmental Affairs. secretaries. Senate to the bill (H.R. 4733) making EC–10953. A communication from the EXECUTIVE MESSAGES REFERRED appropriations for energy and water de- Chairman of the Federal Communications As in executive session the Presiding velopment for the fiscal year ending Commission, transmitting, pursuant to law, the report under the Government in the Sun- Officer laid before the Senate messages September 30, 2001, and for other pur- shine Act for calendar year 1999; to the Com- from the President of the United poses. mittee on Governmental Affairs. States submitting sundry nominations ENROLLED BILLS SIGNED EC–10954. A communication from the Asso- which were referred to the appropriate At 5:18 p.m. a message from the ciate Administrator, Agricultural Marketing committees. House of Representatives, delivered by Service, Fruit and Vegetable Programs, De- (The nominations received today are Mr. Hays, one of its reading clerks, an- partment of Agriculture, transmitting, pur- printed at the end of the Senate pro- nounced that the Speaker has signed suant to law, the report of a rule entitled ceedings.) following enrolled bills and joint reso- ‘‘Oranges, Grapefruit, Tangerines, and Tan- gelos Grown in Florida; Increase in the Min- f lutions: imum Size Requirements for Dancy, Robin- S. 1295. An Act to designate the United son, and Sunburst Tangerines’’ (Docket MESSAGE FROM THE HOUSE States Post Office located at 3813 Main Number: FV00–905–3 FR) received on Sep- At 12:10 p.m., a message from the Street in East Chicago, Indiana, as the tember 26, 2000; to the Committee on Agri- ‘‘Lance Corporal Harold Gomez Post Office.’’ culture, Nutrition, and Forestry. House of Representatives, delivered by H.R. 2647. An Act to amend the Act enti- Ms. Niland, one of its reading clerks, EC–10955. A communication from the Dep- tled ‘‘An Act relating to the water rights of uty Associate Administrator of the Environ- announced that the House has passed the Ak-Chin Indian Community’’ to clarify mental Protection Agency, transmitting, the following bill, without amendment: certain provisions concerning the leasing of pursuant to law, the report of five rules enti- S. 1295. An act to designate the United such water rights, and for other purposes. tled ‘‘Triallate, (S–2, 3, 3–trichloroally States Post Office located at 3813 Main H.J. Res. 109. A joint resolution making diisopropylthiocarbamate); Pesticide Toler- Street in East Chicago, Indiana, as the continuing appropriations for the fiscal year ance’’ (FRL #674408), ‘‘Indoxacarb; Pesticide ‘‘Lance Corporal Harold Gomez Post Office’’. 2001, and for other purposes. Tolerance’’ (FRL #6747–8), ‘‘Propamacarb hy- The enrolled bills were signed subse- The message also announced that the drochloride; Pesticide Tolerance’’ (FRL quently by the President pro tempore House has passed the following bills, in #6745–8), ‘‘Dimethomorph, (E,Z) 4–[3–(4– (Mr. THURMOND). Cholophenyl)-3-(3, 4-dimethoxyphenyl)-1-oxo- which it requests the concurrence of f 2-propenyl]morpholine; Pesticide Tolerance’’ the Senate: (FRL #6747–9), and ‘‘Flucarbazone-sodium; H.R. 1795. An act to require that before MEASURE READ THE FIRST TIME Time-Limited Pesticide Tolerances’’ (FRL issuing an order, the President shall cite the The following bill was read the first #6745–9) received on September 26, 2000; to authority for the order, conduct a cost ben- time: the Committee on Agriculture, Nutrition, efit analysis, provide for public comment, and Forestry. and for other purposes. H.R. 5272. An act to provide for a United EC–10956. A communication from the Chief, H.R. 2346. An act to authorize the enforce- States response in the event of a unilateral Regulations Unit, Internal Revenue Service, ment by State and local governments of cer- declaration of a Palestinian state. Department of the Treasury, transmitting, tain Federal Communications Commission f pursuant to law, the report of a rule entitled regulations regarding use of citizens band ENROLLED BILL PRESENTED ‘‘Rev. Rul. 2000–46–BLS–LIFO Department radio equipment. Store Indexes—August 2000’’ (Rev. Rul. 2000– H.R. 3100. An act to amend the Commu- The Secretary of the Senate reported 46) received on September 27, 2000; to the nications Act of 1934 to prohibit tele- that on today, September 28, 2000, he Committee on Finance.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9464 CONGRESSIONAL RECORD — SENATE September 28, 2000 EC–10957. A communication from the Dep- REPORTS OF COMMITTEES H.R. 3577: A bill to increase the amount au- uty Associate Administrator, Environmental The following reports of committees thorized to be appropriated for the north side Protection Agency, transmitting, pursuant pumping division of the Minidoka reclama- to law, the report of three rules entitled were submitted: tion project, Idaho (Rept. No. 106–435). ‘‘Acquisition Regulation; Administrative By Mr. HELMS, from the Committee on H.R. 4115: A bill to authorize appropria- Amendments’’ (FRL #6878–9), ‘‘Consolidated Foreign Relations, without amendment: tions for the United States Holocaust Memo- Federal Air Rule (CAR): Synthetic Organic S. 3129: An original bill to provide for rial Museum, and for other purposes (Rept. Chemical Manufacturing Industry’’ (FRL international debt forgiveness and the No. 106–436). #6576–9), and ‘‘Grant Conditions for Indian strengthening of anticorruption measures By Mr. SMITH, of New Hampshire, from Tribes and Insular Area Recipients’’ received and accountability at international financial the Committee on Environment and Public on September 26, 2000; to the Committee on institutions (Rept. No. 106–425). Works, without amendment: Environment and Public Works. By Mr. SMITH, of New Hampshire, from H.R. 1162: A bill to designate the bridge on EC–10958. A communication from the Di- the Committee on Environment and Public United States Route 231 that crosses the rector of the Office of Small Business and Works, with an amendment in the nature of Ohio River between Maceo, Kentucky, and Civil Rights, Nuclear Regulatory Commis- a substitute: Rockport, Indiana, as the ‘‘William H. sion, transmitting, pursuant to law, the re- S. 2962: A bill to amend the Clean Air Act Natcher Bridge’’. port of a rule entitled ‘‘Nondiscrimination to address problems concerning methyl ter- H.R. 1605: To designate the Federal build- on the Basis of Sex in Education Programs tiary butyl ether, and for other purposes ing and United States courthouse located at or Activities Receiving Federal Financial (Rept. No. 106–426). 402 North Walnut Street in Harrison, Arkan- By Mr. MURKOWSKI, from the Committee Assistance’’ (RIN3150–AG43) received on Sep- sas, as the ‘‘J. Smith Henley Federal Build- on Energy and Natural Resources, with an tember 27, 2000; to the Committee on Envi- ing and United States Courthouse’’. amendment: By Mr. HATCH, from the Committee on ronment and Public Works. S. 2594: A bill to authorize the Secretary of EC–10959. A communication from the Act- the Judiciary, with amendments: the Interior to contract with the Mancos ing Assistant Secretary for Fish and Wildlife H.R. 2442: A bill to provide for the prepara- Water Conservancy District to use the and Parks, Department of the Interior, tion of a Government report detailing injus- Mancos Project facilities for impounding, transmitting, pursuant to law, the report of tices suffered by Italian Americans during storage, diverting, and carriage of non- a rule entitled ‘‘Migratory Bird Hunting: Mi- World War II, and a formal acknowledge- project water for the purpose of irrigation, gratory Bird Hunting Regulations on Certain ment of such injustices by the President. domestic, municipal, industrial, and any Federal Indian Reservations and Ceded By Mr. SMITH, of New Hampshire, from other beneficial purposes (Rept. No. 106–427). Lands for the 2000–01 Late Season’’ (RIN1018– the Committee on Environment and Public AG08) received on September 27, 2000; to the Works, without amendment: S. 2691: A bill to provide further protec- H.R. 4806: A bill to designate the Federal Committee on Indian Affairs. tions for the watershed of the Little Sandy EC–10960. A communication from the As- building located at 1710 Alabama Avenue in River as part of the Bull Run Watershed sistant Secretary for Employment and Jasper, Alabama, as the ‘‘Carl Elliott Fed- Management Unit, Oregon, and for other Training, Department of Labor, transmit- eral Building’’. purposes (Rept. No. 106–428). ting, pursuant to law, the report of a rule en- By Mr. HELMS, from the Committee on By Mr. MURKOWSKI, from the Committee Foreign Relations, without amendment and titled ‘‘Workforce Investment Act’’ on Energy and Natural Resources, with an (RIN1205–AB20) received on September 26, with a preamble: amendment in the nature of a substitute: S. RES. 343: A resolution expressing the 2000; to the Committee on Health, Education, S. 2848: A bill to provide for a land ex- sense of the Senate that the International Labor, and Pensions. change to benefit the Pecos National Histor- Red Cross and Red Crescent Movement EC–10961. A communication from the Di- ical Park in New Mexico (Rept. No. 106–429). rector of the Corporate Policy and Research should recognize and admit to full membership Israel’s Magen David Adom Society Department, Pension Benefit Guaranty Cor- By Mr. MURKOWSKI, from the Committee poration, transmitting, pursuant to law, the with its emblem, the Red Shield of David. on Energy and Natural Resources, without By Mr. HATCH, from the Committee on report of a rule entitled ‘‘Benefits Payable in amendment: the Judiciary, with an amendment in the na- Terminated Single-Employer Plans; Alloca- S. 2942: A bill to extend the deadline for ture of a substitute: tion of Assets in Single-Employer Plans; In- commencement of construction of certain S. 1898: A bill to provide protection against terest Assumptions for Valuing and Paying hydroelectric projects in the State of West the risks to the public that are inherent in Benefits’’ received on September 27, 2000; to Virginia (Rept. No. 106–430). the interstate transportation of violent pris- the Committee on Health, Education, Labor, By Mr. MURKOWSKI, from the Committee oners. and Pensions. on Energy and Natural Resources, with By Mr. HELMS, from the Committee on EC–10962. A communication from the At- amendments and an amendment to the title: Foreign Relations, with an amendment in torney General, transmitting, pursuant to the nature of a substitute: law, a notice relative to the mailing of S. 2951: A bill to authorize the Commis- S. 2621: A bill to continue the current pro- truthful information or advertisements con- sioner of Reclamation to conduct a study to hibition of military cooperation with the cerning certain lawful gambling operations; investigate opportunities to better manage armed forces of the Republic of Indonesia to the Committee on the Judiciary. the water resources in the Salmon Creek wa- until the President determines and certifies EC–10963. A communication from the Di- tershed of the upper Columbia River. (Rept. to the Congress that certain conditions are rector of Policy Directives and Instructions No. 106–431). being met. Branch, Immigration and Naturalization By Mr. MURKOWSKI, from the Committee By Mr. HATCH, from the Committee on Service, Department of Justice, transmit- on Energy and Natural Resources, with an the Judiciary, with an amendment in the nating, pursuant to law, the report of a rule en- amendment in the nature of a substitute and ture of a substitute: titled ‘‘Fingerprinting certain applicants for an amendment to the title: S. 2915: A bill to make improvements in a replacement permanent resident card S. 3000: A bill to authorize the exchange of the operation and administration of the Fed- (Form I–551)’’ (RIN1115–AF74) received on land between the Secretary of the Interior eral courts, and for other purposes. September 26, 2000; to the Committee on the and the Director of the Central Intelligence S. 2924: A bill to strengthen the enforce- Judiciary. Agency at the George Washington Memorial ment of Federal statutes relating to false EC–10964. A communication from the As- Parkway in McLean, Virginia, and for other identification, and for other purposes. sistant Secretary of State (Legislative Af- purposes. (Rept. No. 106–432). By Mr. HELMS, from the Committee on fairs), transmitting, pursuant to law, the re- By Mr. MURKOWSKI, from the Committee Foreign Relations, without amendment: port of the transmittal of the certification of on Energy and Natural Resources, without S. 3072: A bill to assist in the enhancement the proposed issuance of an export license amendment: of the development of expansion of inter- relative to Belgium, Greece, Japan, The H.R. 1235: A bill to authorize the Secretary national economic assistance programs that Netherlands, and The United Kingdom; to of the Interior to enter into contracts with utilize cooperatives and credit unions, and the Committee on Foreign Relations. the Solano County Water Agency, California, for other purposes. f to use Solano Project facilities for impounding, storage, and carriage of nonproject f PETITIONS AND MEMORIALS water for domestic, municipal, industrial, EXECUTIVE REPORTS OF The following petitions and memo- and other beneficial purposes (Rept. No. 106– COMMITTEES 433). rials were laid before the Senate and H.R. 3236: A bill to authorize the Secretary The following executive reports of were referred or ordered to lie on the of the Interior to enter into contracts with committees were submitted: table as indicated: the Weber Basin Water Conservancy District, By Mr. HELMS for the Committee on For- POM–625. a resolution adopted by the Utah, to use Weber Basin Project facilities eign Relations. Ocean County Board of Chosen Freeholders, for the impounding, storage, and carriage of Barry Edward Carter, of the District of Co- County of Ocean (New Jersey) relative to nonproject water for domestic, municipal, lumbia, to be an Assistant Administrator of mud dumping; to the Committee on Environ- industrial, and other beneficial purposes the United States Agency for International ment and Public Works. (Rept. No. 106–434). Development.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9465 Robert Mays Lyford, of Arkansas, to be a 3. Children and Spouses, none. 4. Parents: Don and Ruth Rossin, none. Member of the Board of Directors of the 4. Parents, none. 5. Grandparents: (all deceased). Overseas Private Investment Corporation for 5. Grandparents, none. 6. Brothers and Spouses, none. a term expiring December 17, 2002. 6. Brothers and Spouses, none. 7. Sisters and Spouses: Virginia and John Margrethe Lundsager, of Virginia, to be 7. Sisters and Spouses, none. Hargrave, none. United States Alternate Executive Director Michael J. Senko, of the District of Colum- of the International Monetary Fund for a bia, a Career Member of the Senior Foreign Brian Dean Curran, of Florida, a Career term of two years. Service, Class of Counselor, to be Ambas- Member of the Senior Foreign Service, Class Rust Macpherson Deming, of Maryland, a sador Extraordinary and Plenipotentiary of of Minister-Counselor, to be Ambassador Ex- Career member of the Senior Foreign Serv- the United States of America to the Republic traordinary and Plenipotentiary of the ice, Class of Minister-Counselor, to be Am- of the Marshall Islands, and to serve concur- United States of America to the Republic of bassador Extraordinary and Plenipotentiary rently and without additional compensation Haiti. of the United States of America to be Repub- as Ambassador Extraordinary and Pleni- (The following is a list of all members of lic of Tunsia. potentiary of the United States of America my immediate family and their spouses. I (The following is a list of all members of to the Republic of Kiribati. have asked each of these persons to inform my immediate family and their spouses. I (The following is a list of all members of me of the pertinent contributions made by have asked each of these persons to inform my immediate family and their spouses. I them. To the best of my knowledge, the in- me of the pertinent contributions made by have asked each of these persons to inform formation contained in this report is com- them. To the best of my knowledge, the in- me of the pertinent contributions made by plete and accurate.) formation contained in this report is com- them. To the best of my knowledge, the in- Nominee: Brian Dean Curran. plete and accurate.) formation contained in this report is com- Post: Ambassador to Haiti. Nominee: Rust Macpherson Deming. plete and accurate.) Contributions, Amount, Date and Donee: Post: Tunis. Nominee: Senko, Michael James. 1. Self, none. Post: Marshall Islands and Kiribati. Contributions, Amount, Date, and Donee: 2. Spouse, N/A. Contributions, Amount, Date, and Donee: 3. Children and Spouses, N/A. 1. Self, none. 1. Self: $30, 9/5/95, DNC; $30, 1/6/96, DNC. 2. Spouse, none. 2. Spouse: Editha Senko, none. 4. Parents: Dorothy Curran, none; Timothy 3. Children and Spouses: Justine Deming 3. Children and Spouses: Fe (Stepdaughter) Curran (deceased). Rodriguez and Mike Rodriguez, none. Kath- and husband Jonathan Dalida, none; Sharon 5. Grandparents: Wadsworth Harris Wil- erine Deming Brodie, and John Brodie, none. (age 12), none. liams and Leila Williams (deceased). 4. Parents: Olcott H. Deming: $20.00, 2/9/98, 4. Parents: Michael and Lucille Senko: $20, 6. Brothers and Spouses: M/M David Mosely Brown; $30.00, 2/16/98, Barbara Boxer; 1995, DNC; $20, 1996, DNC; $40, 1997, DNC. Curran, none. $20.00, 2/16/98, Barbara Milkulski; $20, 3/15/98, 5. Grandparents: Michael and Mary Senko 7. Sisters and Spouses: M/M Scott Smith, Patty Murray. Louise M. Deming (deceased). (deceased). none. 5. Grandparents (deceased). 6. Brothers and Spouses: John and Alice (The above nominations were re- 6. Brothers and Spouses: John H. Deming, Senko, none. ported with the recommendation that none. 7. Sisters and Spouses: Sharon and Alan they be confirmed subject to the nomi- 7. Sisters and Spouses: Rosamond Deming, Levin, none. none. nees’ commitment to respond to re- Douglas Alan Hartwick, of Washington, a Howard Franklin Jeter, of South Carolina, quests to appear and testify before any Career Member of the Senior Foreign Serv- a Career Member of the Senior Foreign Serv- duly constituted committee of the Sen- ice, Class of Counselor, to be Ambassador Ex- ice, Class of Minister-Counselor, to be Am- ate.) traordinary and Plenipotentiary of the bassador Extraordinary and Plenipotentiary Mr. HELMS. Mr. President, for the United States of America to the Lao People’s of the United States of America to the Fed- Committee on Foreign Relations, I re- Democratic Republic. eral Republic of Nigeria. port favorably nomination lists which (The following is a list of all members of (The following is a list of all members of were printed in the RECORDS of the my immediate family and their spouses. I my immediate family and their spouses. I have asked each of these persons to inform have asked each of these persons to inform dates indicated, and ask unanimous me of the pertinent contributions made by me of the pertinent contributions made by consent, to save the expense of reprint- them. To the best of my knowledge, the in- them. To the best of my knowledge, the in- ing on the Executive Calendar that formation contained in this report is com- formation contained in this report is com- these nominations lie at the Sec- plete and accurate.) plete and accurate.) retary’s desk for the information of Nominee: Douglas Alan Hartwick. Nominee: Howard Franklin Jeter. Senators. Post: Ambassador to Laos. Post: Ambassador to Nigeria. Nominated The PRESIDING OFFICER. Without Contributions, Amount, Date, and Donee: February 22, 2000. 1. Self, none. Contributions, Amount, Date, and Donee: objection, it is so ordered. 2. Spouse: Regina Z. Hartwick, none. 1. Self, none. Foreign Service nominations beginning 3. Children and Spouses: Kirsten and An- 2. Spouse: Donice M. Jeter, none. John F. Aloia and ending Paul G. Churchill, drea, none. 3. Children and Spouses: Malaika M. Jeter which nominations were received by the Sen- 4. Parents: Tobias Hartwick and Mary and Jason C. Jeter, none. ate and appeared in the Congressional Kathleen Hartwick, none. 4. Parents: James W. Jeter, Jr. and Emma Record on 7/26/00. 5. Grandparents: Elmer Golden Thomas Maddox Jeter (deceased). Foreign Service nominations beginning and Mary Hutchins Thomas; Tolley 5. Grandparents: James W. Jeter, Sr. and Guy Edgar Olson and ending Deborah Anne Hartwick and Emma Bensen Hartwick (all Clara E. Jeter (deceased). Bolton, which nominations were received by 6. Brothers and Spouses: James R. Jeter deceased). the Senate and appeared in the Congres- and Jacqueline Jeter, none. 6. Brothers and Spouses: Philip and Rachel sional Record on 9/7/00. 7. Sisters and spouses: Jacqueline P. Tay- Hartwick, none. Foreign Service nominations beginning lor and Fred D. Taylor, Jr., none. 7. Sisters and Spouses: Marcia and Peter James A. Hradsky and ending Michael J. Williams, which nominations were received Mahoney, none. Lawrence George Rossin, of California, a by the Senate and appeared in the Congres- Ronald D. Godard, of Texas, a Career Mem- Career Member of the Senior Foreign Serv- sional Record on 9/7/00. ber of the Senior Foreign Serevice, Class of ice, Class of Counselor, to be Ambassador Ex- Minister-Counselor, to be Ambassador Ex- traordinary and Plenipotentiary of the By Mr. THOMPSON for the Com- traordinary and Plenipotentiary of the United States of America to the Republic of mittee on Governmental Affairs: United States of America to the Co-operative Croatia. Republic of Guyana. George A. Omas, of Mississippi, to be a (The following is a list of all members of Commissioner of the Postal Rate Commis- (The following is a list of all members of my immediate family and their spouses. I my immediate family and their spouses. I sion for a term expiring October 14, 2006. (Re- have asked each of these persons to inform appointment) have asked each of these persons to inform me of the pertinent contributions made by me of the pertinent contributions made by them. To the best of my knowledge, the in- (The above nomination was reported them. To the best of my knowledge, the information contained in this report is com- with the recommendation that it be formation contained in this report is complete and accurate.) confirmed subject to the nominee’s plete and accurate.) Nominee: Lawrence George Rossin. commitment to respond to requests to Nominee: Ronald D. Godard. Post: Ambassador to Croatia. appear and testify before any duly con- Post: Ambassador to Guyana. Contributions, Amount, Date, and Donee: Contributions, Amount, Date, and Donee: 1. Self, none. stituted committee of the Senate.) 1. Self: Ronald D. Godard, none. 2. Spouse: Debra Jane McGowan, none. John Ramsey Johnson, of the District of 2. Spouse: Wesley Ann Godard: $100, 5/30/98, 3. Children and Spouses: Claire Veronica Columbia, to be an Associate Judge of the Dottie Lamm (Senatorial candidate, Colo- Rossin and Alec William Donald Rossin, Superior Court of the District of Columbia rado). none. for the term of fifteen years.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9466 CONGRESSIONAL RECORD — SENATE September 28, 2000

Gerald Fisher, of the District of Columbia, S. 3135. A bill to direct the American HUTCHISON, Mr. SMITH of New Hamp- to be an Associate Judge of the Superior Folklife Center at the Library of Congress to shire, Mr. BENNETT, and Mr. Court of the District of Columbia for the establish a program to collect video and HUTCHINSON): term of fifteen years. audio recordings of personal histories and S. Con. Res. 140. A concurrent resolution (The above nominations were re- testimonials of American war veterans, and expressing the sense of Congress regarding ported with the recommendation that for other purposes; to the Committee on high-level visits by Taiwanese officials to the United States; to the Committee on For- they be confirmed.) Rules and Administration. By Mr. DURBIN: eign Relations. By Mr. HATCH for the Committee on S. 3136. A bill for the relief of Edwardo f the Judiciary: Reyes, Dianelita Reyes, and their children, Loretta E. Lynch, of New York, to be Susy Damaris Reyes, Danny Daniel Reyes, STATEMENTS ON INTRODUCED United States Attorney for the Eastern Dis- and Brandon Neil Reyes; to the Committee BILLS AND JOINT RESOLUTIONS trict of New York for the term of four years. on the Judiciary. Mr. HATCH (for himself, Mr. By Mr. SESSIONS (for himself, Mr. f LOTT, Mr. NICKLES, Mr. MACK, BYRD, Mr. THURMOND, Mr. MOYNIHAN, INTRODUCTION OF BILLS AND Mr. WARNER, Mr. ROBB, Mr. HATCH, Mr. MCCAIN, Mr. GRASSLEY, Mr. JOINT RESOLUTIONS Mr. LEAHY, Mr. LOTT, Mr. KENNEDY, THURMOND, Mr. KYL, Mr. ABRA- The following bills and joint resolu- Mr. MURKOWSKI, Mr. BIDEN, Mr. HAM, Mr. DEWINE, Mr. SES- tions were introduced, read the first HELMS, Mr. DODD, Mr. SMITH of New SIONS, Mr. SMITH of New Hamp- Hampshire, Mr. GRAHAM, Mr. INHOFE, and second times by unanimous con- shire, Mr. SMITH of Oregon, Ms. Mr. EDWARDS, Mr. VOINOVICH, Mr. COLLINS, Mr. FITZGERALD, Mr. sent, and referred as indicated: BAYH, Mr. HAGEL, Mr. MILLER, Mr. HELMS, Mr. SANTORUM, Mr. By Mr. FEINGOLD (for himself, Mr. ASHCROFT, Mr. DORGAN, Mr. ALLARD, HAGEL, Mr. SHELBY, Mr. WAR- JEFFORDS, Mr. LEAHY, Mr. KOHL, and Mr. CLELAND, Mr. COCHRAN, Mr. Mr. WELLSTONE): SHELBY, Mr. MACK, Mr. BUNNING, Mr. NER, Mr. INHOFE, Ms. SNOWE, S. 3128. A bill to establish the Dairy Farm- KYL, Mr. FEINGOLD, Mr. GREGG, Mr. Mr. ALLARD, Mr. BROWNBACK, er Viability Commission; to the Committee REID, and Mr. DOMENICI): Mr. GRAMS, Mr. BENNETT, Mr. on Agriculture, Nutrition, and Forestry. S. 3137. A bill to establish a commission to COCHRAN, Mr. HUTCHINSON, and By Mr. HELMS: commemorate the 250th anniversary of the Mr. FRIST): S. 3129. An original bill to provide for birth of James Madison; read the first time. S. 3130. A bill to provide for post-con- international debt forgiveness and the By Mr. GRAMS: viction DNA testing, to facilitate the strengthening of anticorruption measures S. 3138. A bill to amend the Internal Rev- and accountability at international financial enue Code of 1986 to increase the amount and exchange by law enforcement agencies institutions; from the Committee on Foreign availability of the child tax credit and make of DNA identification information re- Relations; placed on the calendar. the credit refundable; to the Committee on lating to felony offenders, and for other By Mr. HATCH (for himself, Mr. LOTT, Finance. purposes; to the Committee on the Ju- Mr. NICKLES, Mr. MACK, Mr. MCCAIN, By Mr. ABRAHAM (for himself, Mr. diciary. RASSLEY HURMOND Mr. G , Mr. T , Mr. FEINGOLD, and Mr. KENNEDY): CRIMINAL JUSTICE INTEGRITY AND LAW YL BRAHAM E INE K , Mr. A , Mr. D W , Mr. S. 3139. A bill to ensure that no alien is re- ENFORCEMENT ASSISTANCE ACT SESSIONS, Mr. SMITH of New Hamp- moved, denied a benefit under the Immigra- Mr. HATCH. Mr. President, in the shire, Mr. SMITH of Oregon, Ms. tion and Nationality Act, or otherwise de- COLLINS, Mr. FITZGERALD, Mr. prived of liberty, based on evidence that is last decade, DNA testing has become HELMS, Mr. SANTORUM, Mr. HAGEL, kept secret from the alien; to the Committee the most reliable forensic technique for Mr. SHELBY, Mr. WARNER, Mr. on the Judiciary. identifying criminals when biological INHOFE, Ms. SNOWE, Mr. ALLARD, Mr. By Mr. MCCONNELL (for himself and evidence of the crime is recovered. BROWNBACK, Mr. GRAMS, Mr. Mr. BUNNING): While DNA testing is standard in pre- BENNETT, Mr. COCHRAN, Mr. S. 3140. A bill to transfer administrative trial investigations today, the issue of HUTCHINSON, and Mr. FRIST): jurisdiction over land of the Tennessee Val- post-conviction DNA testing has S. 3130. A bill to provide for post-convic- ley Authority within the Daniel Boone Na- tion DNA testing, to facilitate the exchange tional Forest to the Secretary of Agriculture emerged in recent years as the tech- by law enforcement agencies of DNA identi- and compensate the Authority for the trans- nology for testing has improved. Be- fication information relating to felony offer; to the Committee on Environment and cause biological evidence, such as fenders, and for other purposes; to the Com- Public Works. semen or hair from a rape, is often pre- mittee on the Judiciary. By Mr. KENNEDY (for himself, Mr. served by authorities years after trial, By Mr. MURKOWSKI (for himself and DODD, Mr. LEAHY, and Ms. MIKULSKI): it is possible to submit preserved bio- Mr. ABRAHAM): S.J. Res. 54. A joint resolution expressing logical evidence for DNA testing. In S. 3131. A bill to amend title XVIII of the the sense of the Congress with respect to the cases that were tried before DNA tech- Social Security Act to ensure that the Sec- peace process in Northern Ireland; read the retary of Health and Human Services pro- first time. nology existed, and in which biological evidence was preserved after convic- vides appropriate guidance to physicians and f other health care providers that are at- tion, post-conviction testing is fea- tempting to properly submit claims under SUBMISSION OF CONCURRENT AND sible. the medicare program and to ensure that the SENATE RESOLUTIONS While the exact number is subject to Secretary targets truly fraudulent activity The following concurrent resolutions dispute, post-conviction DNA testing for enforcement of medicare billing regula- and Senate resolutions were read, and has exonerated prisoners who were con- tions, rather than inadvertent billing errors; victed of crimes committed before DNA to the Committee on Finance. referred (or acted upon), as indicated: By Mr. WARNER: By Mr. SANTORUM (for himself and technology existed. In some of these S. 3132. A bill to expand the boundary of Mr. SPECTER): cases, the post-conviction DNA testing the George Washington Birthplace National S. Res. 362. A resolution recognizing and that exonerated a wrongly convicted Monument, and for other purposes; to the honoring Roberto Clemente as a great hu- person led to the apprehension of the Committee on Energy and Natural Re- manitarian and an athlete of unfathomable actual criminal. In response to these sources. skill; to the Committee on the Judiciary. cases, the Senate Judiciary Committee By Mr. BAUCUS (for himself and Mr. By Mr. KERREY: has examined various state post-con- BURNS): S. Res. 363. A resolution commending the S. 3133. A bill to provide compensation to late Ernest Burgess, M.D., for his service to viction DNA statutes, held a hearing producers for underestimation of wheat pro- the Nation and the international commu- on post-conviction DNA testing, and tein content; to the Committee on Agri- nity, and expressing the condolences of the sought the expertise of federal and culture, Nutrition, and Forestry. Senate to his family on his death; considered state prosecutors and criminal defense By Mr. BAUCUS: and agreed to. lawyers. S. 3134. A bill to amend the Internal Rev- By Mr. INOUYE: To ensure that post-conviction DNA enue Code of 1986 to provide an income tax S. Con. Res. 139. A concurrent resolution testing is available in appropriate credit for certain charitable conservation authorizing the use of the Capitol grounds cases, I, along with Senators LOTT, contributions of land by small farmers and for the dedication of the Japanese-American ranchers, and for other purposes; to the Com- Memorial to Patriotism; considered and NICKLES, MACK, MCCAIN, THURMOND, mittee on Finance. agreed to. GRASSLEY, KYL, ABRAHAM, DEWINE, By Mr. CLELAND (for himself and Mr. By Mr. LOTT (for himself, Mr. HELMS, SESSIONS, R. SMITH, G. SMITH, COLLINS, HAGEL): Mr. MURKOWSKI, Mr. KYL, Mrs. FITZGERALD, HELMS, SANTORUM, HAGEL,

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9467 SHELBY, WARNER, INHOFE, SNOWE, manded the motion to determine exculpatory results, establish actual ALLARD, BROWNBACK, GRAMS, BENNETT, whether post-conviction testing was innocence. A ‘‘prima facie showing’’ is COCHRAN, T. HUTCHINSON, and FRIST are appropriate under the Illinois statute. a lenient requirement that is defined as introducing the Criminal Justice Integ- In remanding the motion, the court ‘‘simply a sufficient showing of pos- rity and Law Enforcement Assistance distinguished the facts in Dunn from sible merit to warrant a fuller explo- Act today. This Act authorizes post- Gholston, noting that post-conviction ration by the district court.’’ See Ben- conviction DNA testing in federal cases testing was denied in Gholston because nett v. U.S., 119 F.3d 468 (7th Cir. 1997). and encourages the States, through a ‘‘the test results could not have been Thus, under the Criminal Justice In- grant program, to authorize post-con- conclusive of defendant’s guilt or inno- tegrity Act, post-conviction testing is viction DNA testing in a consistent cence.’’ Id. at 571. Under the facts in ordered if the prisoner makes a ‘‘suffi- manner in state cases. In addition, the Dunn, the court held that the decision cient showing of possible merit’’ that Act provides $60 million in grants to in Gholston would not prevent post- identity was at issue at trial and DNA help States reduce the backlog of DNA conviction testing ‘‘where DNA testing testing would, assuming exculpatory evidence to be analyzed and to conduct would be determinative’’ of guilt or in- results, establish actual innocence. In post-conviction DNA testing. nocence. Id. The court remanded the other words, the Act requires a show- The Criminal Justice Integrity Act motion to the trial court to determine ing that post-conviction testing has was based in large part on the success- ‘‘whether any conclusive result is ob- the potential to prove innocence. This ful post-conviction DNA testing stat- tainable from DNA testing.’’ Id. is consistent with—and no more dif- ute in Illinois. The Illinois statute has The most extensive discussion of the ficult than—the legal standard in the worked particularly well, as Illinois standard for obtaining post-conviction Illinois statute. If post-conviction DNA has the most post-conviction DNA ex- testing under the Illinois statute oc- testing can establish a prisoner’s inno- onerations in the Nation. Like the Illi- curred in People v. Savory. In Savory, cence, such a prisoner can obtain test- nois statute, the Criminal Justice In- the defendant was convicted of stab- ing under the Criminal Justice Integ- tegrity Act authorizes post-conviction bing two people to death in 1977. In rity Act. If post-conviction DNA testing is per- DNA testing only in cases in which 1998, the defendant sought DNA testing of bloodstained pants that were recov- formed and produces exculpatory evi- testing has the potential to prove the dence, the Criminal Justice Integrity prisoner’s innocence. This standard ered from his home. The trial court denied the motion for DNA testing, and Act allows the prisoner to move for a will allow testing in potentially meri- new trial based on newly discovered torious cases without wasting scarce the appeals court affirmed. The court held that DNA testing on evidence, notwithstanding the time prosecutorial and judicial resources on limits on such motions applicable to frivolous cases. It is significant that the bloodstained pants could not exonerate the defendant because a negative other forms of newly discovered evi- the Illinois statute has worked well dence. In so doing, the Act relies on es- DNA match could merely indicate that without overburdening the State’s law tablished judicial procedures. In addi- the defendant did not wear those pants enforcement or judicial systems. tion, the Criminal Justice Integrity during the murders. At trial, Savory’s Mr. President, given that post-con- Act prohibits authorities from destroy- father testified that the pants were his viction DNA testing is a complex legal ing biological evidence which was pre- and that he, not the defendant, was re- issue, I would like to discuss the legal served in cases in which identity was sponsible for the bloodstains. In addi- standard to obtain testing in the Illi- at issue for the duration of the Act, tion, there was other, overwhelming nois statute and in the Criminal Jus- and it authorizes the court to appoint evidence of the defendant’s guilt. tice Integrity Act. While the Illinois counsel for an indigent prisoner who The court in Savory noted that in statute is somewhat vague, several Illi- seeks post-conviction testing. Gholston, post-conviction testing was nois Court of Appeals decisions have Mr. President, the Criminal Justice interpreted the standard for obtaining denied because ‘‘DNA testing could not Integrity and Law Enforcement Assist- post-conviction testing under the stat- conclusively establish defendant’s guilt ance Act is the only federal post-con- ute. See People v. Gholston, 697 N.E.2d or innocence.’’ In discussing the Illi- viction DNA legislation that is sup- 375 (1998); People v. Dunn, 713 N.E.2d 568 nois statute, the court stated: ported by the law enforcement commu- (1999); People v. Savory, 722 N.E.2d 220 Based on the plain language of [the Illinois nity. The Criminal Justice Integrity (1999). As these decisions make clear, statute] and on the interpretation of [the Act was unanimously endorsed by the post-conviction testing is allowed statute] in Gholston and Dunn, we believe that the legislature intended to provide a bipartisan board of the National Dis- under the Illinois statute only if the process of total vindication . . . [I]n using trict Attorneys Association. In addi- testing has ‘‘the potential to establish the term ‘‘actual innocence,’’ the legislature tion, the International Association of the defendant’s innocence.’’ intended to limit the scope of the [Illinois Chiefs of Police, the Fraternal Order of For example, in People v. Gholston, statute], allowing for scientific testing only Police, and the National Sheriffs’ Asso- the defendant and five companions where it has the potential to exonerate a de- ciation have endorsed the bill. I am were convicted of raping a woman and fendant. Id. at 224. proud to have the support of the law assaulting and robbing her two male Under the facts in Savory, the court enforcement community for this im- companions in 1981. In 1995, the defend- denied post-conviction testing because portant legislation. ant filed a motion to compel DNA test- ‘‘although DNA testing carries the pos- In closing, I would like to note that ing of the victim’s rape kit to prove sibility of weakening the State’s origi- advanced DNA testing improves the that he did not participate in the gang nal case against the defendant, it does just and fair implementation of the rape. The trial court dismissed the mo- not have the potential to prove him in- death penalty. While the Criminal Jus- tion for testing, and the appellate nocent.’’ Id. at 225. tice Integrity Act applies both to non- court affirmed. In short, post-conviction testing is capital and capital cases, I think the In affirming the denial of testing, the allowed under the Illinois statute only Act is especially important in death court ruled that a ‘‘negative DNA where testing ‘‘could be conclusive of penalty cases. While reasonable people match would not exculpate defendant the defendant’s guilt or innocence’’; can differ about capital punishment, it Gholston due to the multiple defend- only where ‘‘DNA testing would be de- is indisputable that advanced DNA ants involved, the lack of evidence re- terminative’’; only if ‘‘any conclusive testing lends support and credibility to garding ejaculation by the defendant result is obtainable from DNA test- the accuracy and integrity of capital Gholston and defendant’s own admis- ing’’; and only where post-conviction cases. For example, earlier this year, sion of guilt under a theory of account- testing ‘‘has the potential to exonerate Texas Governor George W. Bush, grant- ability.’’ Id. at 379. a defendant.’’ ed a temporary reprieve to a death row In People v. Dunn, the defendant was The Criminal Justice Integrity Act inmate, Ricky McGinn, to allow post- convicted in 1979 of a rape in which has a similar legal standard to obtain conviction DNA testing on evidence re- there was only one attacker. The de- testing. The Act authorizes testing if covered from the victim. In 1995, fendant petitioned for post-conviction the prisoner makes a ‘‘prima facie McGinn was convicted of raping and relief, and the trial court dismissed the showing’’ that identity was at issue at murdering his 12-year-old step- petition. On appeal, the court re- trial and DNA testing would, assuming daughter. McGinn’s lawyers had argued

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9468 CONGRESSIONAL RECORD — SENATE September 28, 2000 that additional DNA testing could testing in a manner consistent with the pro- able results, the issue should be addressed, prove that McGinn did not rape the cedures established by this bill. under state criminal procedures, as a timely victim, and therefore, was not eligible The FOP has confidence in our nation’s claim of newly discovered evidence and be for the death penalty. justice system and yet recognizes that no accorded review under normal state stand- system is ever perfect. For this reason, we ards. The DNA testing was recently com- support a time-limited window for post-con- The legitimate role of the federal govern- pleted, and the test results confirmed viction DNA testing in those few cases where ment in this effort is to encourage and assist that McGinn raped the victim, in addi- innocence might be proved. the states in developing the means to con- tion to murdering her. In short, as the I want to thank you for sharing this draft duct post conviction testing of scientific evi- McGinn case demonstrates, we are in a with us and we look forward to working with dence. Given the serious, and continuing, better position than ever before to en- you and your staff to get this legislation en- backlog of DNA cases in particular, federal acted. help can, and must be directed towards exposure that only the guilty are executed. nential increases in the capabilities of the All Americans—supporters and oppo- Sincerely, GILBERT G. CALLEGOS, state laboratory systems. nents of the death penalty alike— National President. Withholding critical funding or mandating should recognize that DNA testing pro- how states must use federal programs is vides a powerful safeguard in capital NATIONAL DISTRICT counterproductive to the effort to obtain viable post conviction relief. Federal assist- cases. We should be thankful for this ATTORNEYS ASSOCIATION, amazing technological development. Alexandria, VA, August 16, 2000. ance must be devoted to permitting each state to apply resources to support and rein- Hon. ORRIN G. HATCH, I ask unanimous consent that the enforce their respective systems. Moreover fed- dorsements of this legislation be print- Chairman, Committee on the Judiciary, Dirksen Senate Office Building, Washington, DC. eral assistance must be incorporated, by the ed in the RECORD. individual states, into efforts to upgrade lab- There being no objection, the mate- DEAR CHAIRMAN HATCH: The National Dis- trict Attorneys Association, with over 7,000 oratory capabilities across the board. To be meaningful, DNA testing, and post rial was ordered to be printed in the members, represents the local prosecutors of conviction relief measures, must be truly RECORD, as follows: this nation. Our members try, by far, the dispositive of a defendant’s guilt or inno- GRAND LODGE, majority of criminal cases in this country cence and not merely a pretext to stymie FRATERNAL ORDER OF POLICE, and our expertise in prosecuting violent justice—for himself or others. The ‘‘Criminal Albuquerque, NM, July 5, 2000. criminals is second to none—as is our dedica- Justice Integrity and Law Enforcement As- Hon. ORRIN G. HATCH, tion to protecting the innocent. In keeping sistance Act’’ provides for this balance of re- Chairman, Senate Committee on the Judiciary, with this charge, the Board of Directors of sources and we most strongly urge that it be U.S. Senate, Washington, DC. the National District Attorneys Association passed by the Congress. DEAR MR. CHAIRMAN: I am writing on be- has voted, unanimously, to support the Sincerely, half of the more than 290,000 members of the ‘‘Criminal Justice Integrity and Law En- ROBERT M.A. JOHNSON, Fraternal Order of Police to advise you of forcement Assistance Act,’’ for which you County Attorney, Ano- our strong support of legislation you intend serve as the primary sponsor. ka County, Min- to introduce entitled the ‘‘Criminal Justice New technologies, such as DNA testing, nesota, President, integrity and Law Enforcement Assistance can assist in establishing guilt or innocence National District At- Act.’’ in cases when used appropriately. In the ap- torneys Association. Political opponents of the death penalty plication of any new technology, post convic- have renewed their assault wrongly citing tion testing must be reserved for those de- INTERNATIONAL ASSOCIATION ‘‘mistakes’’ in the justice system which fendants who can actually benefit from the OF CHIEFS OF POLICE, leads to the execution of innocent persons. application of the advance of science and not Alexandria, VA, June 21, 2000. One of their ploys in their effort to suspend merely raise spurious claims. Hon. ORRIN HATCH, the practice indefinitely calls for post-con- Testing DNA, or any other scientific evi- Chairman, Committee on the Judiciary, U.S. viction DNA testing, a relative new tech- dence, is costly and requires trained techni- Senate, Washington, DC. nology. We find it very sad that political cians to collect the evidence, conduct anal- DEAR MR. CHAIRMAN: On behalf of the considerations are intruding in such a way yses of the samples and provide the requisite International Association of Chiefs of Police that real justice is thwarted, not furthered. records and testimony to the court. Advanc- (IACP), I am writing to express our strong The FOP vehemently opposes the thinly ing unfounded demands for post conviction support for the Criminal Justice Integrity veiled political attempts to end capital pun- tests would not only delay on going inves- and Law Enforcement Assistance Act of 2000. ishment, like S. 2073, offered by Ranking tigations and trials but also deny those truly As you know, the IACP is world’s oldest and Member Patrick J. Leahy (D–VT). This legis- deserving of a reassessment of the evidence largest association of law enforcement ex- lation would require expensive, post convic- in their case a timely review. ecutives with more than 18,000 members in tion testing in thousands of unnecessary Adhering to these principles we believe 100 countries. cases such as those in which no exculpatory that post conviction testing must be re- The use of DNA evidence represents the evidence is likely to be found. The bill places served for: logical next step in technological advance- vital law enforcement funds like the Com- defendants who have consistently main- ment of criminal investigations and is in munity Oriented Policing Services (COPS), tained their innocence—if the defendant has keeping with law enforcement’s obligation the Edward J. Byrne and DNA Identification voluntarily confessed to the offense or has to use the most advanced and accurate meth- grant programs in jeopardy by requiring all pled guilty then they should not have the ods of investigating crime and proving crimi- states to adopt this standard. His bill would requisite standing to challenge their guilt; nal activity in a court of law. The IACP prohibit the death penalty for Federal and strongly supports the collection and use of crimes committed in certain states and pro- have contested the issue of identification DNA evidence and has consistently called for vide Federal grants to nonprofit organiza- at tiral—DNA testing goes to the issue of legislation that would promote greater use tions subsidizing the American Civil Lib- identification, nothing else; and of DNA technology and include funding to erties Union’s (ACLU) representation of de- who can make a prima facie showing that analyze both convicted offender and crime fendants in capital cases. In essence, Senator a favorable test would demonstrate their in- scene DNA samples. The provisions of the Leahy’s bill is an effort to kill the death pen- nocence. Criminal Justice Integrity and Law Enforce- alty. The latter point is most crucial. In many ment Assistance Act advance these goals. The legislation which you shared with us cases an individual can be guilty of a crime, Currently, more than 700,000 DNA samples would authorize post-conviction DNA testing in which DNA evidence may be available, yet taken from convicted felons and recovered for a thirty (30) month period and only in a not have been the individual who left the from crime scenes remain unanalyzed due to narrow class of cases where the identity of evidence. For instance an individual can be the limited resources of state and local law the perpetrator was at issue during trial and, convicted of rape by holding down a victim enforcement agencies. This backlog severely assuming exculpatory results, would estab- even though he never actually has inter- threatens the timeliness of quality forensic lish the innocence of the defendant. The FOP course or they may never have ejaculated; in examinations that are critical to solving strongly approves of the time limitation be- a like fashion the driver of a ‘‘get away’’ car crimes. By authorizing $60 million to assist cause the issue of post-conviction testing in- can be convicted of murder even though she states in reducing the current backlog of volves only past cases where the technology never enters the convenience store. DNA samples the Criminal Justice Integrity was not available. DNA testing is now stand- The federal government does have a vital and Law Enforcement Assistance Act will ard in pretrial investigations. role to play in this effort to hasten appro- greatly increase the ability of state and local Your proposed legislation would also propriate post conviction relief in fostering the law enforcement agencies to make efficient vide $60 million to the states in an effort to use of DNA testing but cannot, and must and effective use of DNA evidence. reduce the nationwide backlog of unanalyzed not, usurp state prerogatives in preserving In addition, by limiting post conviction DNA samples from convicted offenders and the sanctity of their respective systems of DNA tests to only those cases where the re- crime scenes. In order to qualify for these criminal justice. If post conviction testing sults have the potential to conclusively es- grants, states must allow post-conviction DNA evidence indicates potentially favor- tablish an individual’s innocence of the

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9469 crime for which they were convicted, this act DNA testing legislation is considered lied health professionals who deliver properly ensures that justice is served within the Senate. I commend Senator quality care to our needy Medicare out burdening the court system and forensic HATCH for his interest in this matter, population. They are the backbone of laboratories with thousands of cases. Thank you for your continued support of and for his willingness to work with me our complex health care network. the nation’s law enforcement agencies. We to produce a bill that will truly make When our nation’s seniors need care, it look forward to working with you on this a good system even better. is the provider who heals, not the issue of vital importance. Mr. HATCH. I promise the distin- health insurer—and certainly not the Sincerely, guished Senator from Oregon that I federal government. MICHAEL D. ROBINSON, will take up this issue in the months But more, and more often, seniors President. ahead. The issue of competency of are being told by providers that they Mr. SMITH of Oregon. I am very counsel for indigents in state capital don’t accept Medicare. This is becom- pleased that the distinguished Senator cases is a difficult issue for several rea- ing even more common in rural areas, from Utah has recognized the need to sons. First, it is not clear that this is where the number of physicians and ac- address the important issue of post- a nationwide problem. For example, in cess to quality care is already severely conviction DNA testing at the federal Utah and Oregon, there does not appear limited. Quite simply, beneficiaries are level and am proud to join his efforts. to be a problem concerning the rep- being told that their insurance is sim- Senator HATCH’s Criminal Justice In- resentation of indigents in capital ply not wanted. Why? Well it’s not as tegrity and Law Enforcement Assist- cases. Second, the anecdotal examples simple as low reimbursement rates. In ant Act is an excellent bill that has the cited in the media of poor capital rep- fact it’s much more complex. strong support from law enforcement resentation occurred many years ago. The infrastructure that manages the officials. It will provide much-needed For example, the death penalty trial of Medicare program, the Health Care Fi- funds for law enforcement authorities Gary Graham, which has been repeat- nancing Administration and its net- to analyze convicted offender DNA edly mentioned in the press, occurred work of contractors, have built up a samples and DNA evidence gathered in 1981. Third, the States that seem to system designed to block care and from crime scenes. have a problem in this area recently micro-manage independent practices. However, it has become abundantly made improvements. In 1995, Texas Providers simply can’t afford to keep clear over recent years that funding is Governor George W. Bush signed legis- up with the seemingly endless number not the only problem in the post-con- lation that provided indigent capital of complex, redundant, and unneces- viction DNA testing debate. In deter- defendants the right to have two attor- sary regulations. And if providers do mining guilt and innocence, our crimi- neys represent them at trial. Just this participate? Well, a simple administra- nal justice system occasionally makes year, Alabama passed a law that com- tive error in submitting a claim could mistakes. It is our responsibility to pensates lawyers who represent subject them to heavy-handed audits take every reasonable measure to pre- indigents in capital trials at $100 per and the financial devastation of their vent miscarriages of justice. Perhaps hour. practice. Should we force providers to the gravest injustice that could occur In short, I would like to know more choose between protecting their prac- is wrongful imprisonment of an inno- about the extent of this problem before tice and caring for seniors? cent person. Ensuring that all defend- I introduce legislation. Thankfully, the I believe the answer is no. For this ants have access to competent counsel Bureau of Justice Statistics is releas- reason, I am introducing the ‘‘Medicare would go a long way to minimize the ing a comprehensive study of state in- Billing and Education Act of 2000.’’ Co- risk of unjust incarceration. digent legal defense services in Decem- sponsored by Senator ABRAHAM, this Some will say that there is no prob- ber. I am hopeful that this study will legislation will restore fairness to the lem, or that it is so rare as to be neg- provide the information necessary to Medicare system. It will allow pro- ligible, or that we do not yet know the evaluate the extent of this problem. I viders to practice medicine without true extent of the problem and should look forward to working with Senator fearing the threats, intimidation, and not introduce legislation until we do. I SMITH in the months ahead. aggressive tactics of a faceless bureau- strongly disagree. Although officers of cratic machine. America’s courts and law enforcement Mr. MURKOWSKI (for himself Most importantly, this bill will re- work extremely hard to ensure that and Mr. ABRAHAM): form the flawed appeals process within the true perpetrators of heinous crimes S. 3131. A bill to amend title XVIII of HCFA. Currently, a provider charged are caught and convicted, there have the Social Security Act to ensure that with receiving an overpayment is been errors that have sent innocent the Secretary of Health and Human forced to choose between three options: men to death row—innocent people like Services provides appropriate guidance admit the overpayment, submit addi- you and me who did not deserve to be to physicians and other health care tional information to mitigate the there. While some states, like my home providers that are attempting to prop- charge, or appeal the decision. How- State of Oregon, work hard to ensure erly submit claims under the Medicare ever, a provider who chooses to submit that defendants are represented by Program and to ensure that the Sec- additional evidence must subject their competent counsel, other states clearly retary targets truly fraudulent activ- entire practice to review and waive do not. Without a federal standard, ity for enforcement of medicare billing their appeal rights. That’s right—to there is a real risk that innocent peo- regulations, rather than inadvertent submit additional evidence you must ple tried in states without adequate billing errors; to the Committee on Fi- waive your right to an appeal! standards for defense counsel could be nance. And what is the result of this mad- unjustly incarcerated, or in rate cases, MEDICARE BILLING AND EDUCATION ACT dening system that runs contrary to even sentenced to death. Setting fed- Mr. MURKOWSKI. Mr. President, our nation’s history of fair and just ad- eral standards for competent counsel right now, all across America, Medi- ministrative decisions? Often, pro- for all defendants is a very reasonable care beneficiaries are seeking medical viders are intimidated into accepting step to make sure that our system of care from a flawed health care system. the arbitrary decision of an auditor criminal justice operates fairly regard- Reduced benefit packages, ever esca- employed by a HCFA contractor. less of where you live. lating costs, and limited access in rural Sometimes, they are even forced to Senator LEAHY and I have introduced areas are just a few of the problems our pull out of the Medicare program. In the Innocence Protection Act, which system faces on a daily basis. For this the end, our senior population suffers. would address the vital issue of com- reason, Congress must continue to Under my bill, providers will be al- petency of counsel, among other move towards the modernization of lowed to retain their appeal rights things. Although the Criminal Justice Medicare. But as we address the needs should they choose to first submit ad- Integrity Act, as introduced, does not of beneficiaries, we must not turn our ditional evidence to mitigate the address the issue of competency of back upon the very providers that sen- charge. Many providers receive an counsel, Senator HATCH has promised iors rely upon for their care. overpayment as the result of a simple to work with me and others to consider These providers are the physicians, administrative mistake. For cases not this issue when any post-conviction the therapists, the nurses, and the al- involving fraud, a provider will be able

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9470 CONGRESSIONAL RECORD — SENATE September 28, 2000 to return that overpayment within TITLE II—APPEALS PROCESS REFORMS (4) FISCAL INTERMEDIARY.—The term ‘‘fis- twelve months without fear of prosecu- Sec. 201. Reform of post-payment audit proc- cal intermediary’’ means a fiscal inter- tion. This is a common sense approach, ess. mediary (as defined in section 1816(a) of the and will not lead to any additional Sec. 202. Definitions relating to protections Social Security Act (42 U.S.C. 1395h(a))) with for physicians, suppliers, and an agreement under section 1816 of such Act costs to the Medicare system. to administer benefits under part A or B of To bring additional fairness to the providers of services. Sec. 203. Right to appeal on behalf of de- such title. system, my bill will prohibit the retro- ceased beneficiaries. (5) HEALTH CARE PROVIDER.—The term active application of regulations, and ‘‘health care provider’’ has the meaning TITLE III—EDUCATION COMPONENTS allow providers to challenge the con- given the term ‘‘eligible provider’’ in section stitutionality of HCFA regulations. Sec. 301. Designated funding levels for pro- 1897(a)(2) of the Social Security Act (as vider education. Further, it will prohibit the crippling added by section 301). Sec. 302. Advisory opinions. (6) MEDICARE PROGRAM.—The term ‘‘medi- recovery of overpayments during an TITLE IV—SUSTAINABLE GROWTH RATE care program’’ means the health benefits appeal, and bar the unfair method of REFORMS program under title XVIII of the Social Se- withholding valid future payments to curity Act (42 U.S.C. 1395 et seq.). Sec. 401. Inclusion of regulatory costs in the (7) PREPAYMENT REVIEW.—The term ‘‘pre- recover past overpayments. These com- calculation of the sustainable payment review’’ has the meaning given mon sense measures maintain the fi- growth rate. such term in section 1861(uu)(3) of the Social nancial viability of medical practices TITLE V—STUDIES AND REPORTS during the resolution of payment con- Security Act (as added by section 202). Sec. 501. GAO audit and report on compli- (8) SECRETARY.—The term ‘‘Secretary’’ troversies, and restore fundamental ance with certain statutory ad- means the Secretary of Health and Human fairness to the dispute resolution pro- ministrative procedure require- Services. cedures existing within HCFA. ments. TITLE I—REGULATORY REFORM Like many of our nation’s problems, Sec. 502. GAO study and report on provider SEC. 101. PROSPECTIVE APPLICATION OF CER- the key to improvement is found in participation. TAIN REGULATIONS. education. For this reason, I have in- Sec. 503. GAO audit of random sample au- Section 1871(a) of the Social Security Act cluded language that stipulates that at dits. (42 U.S.C. 1395hh(a)) is amended by adding at least ten percent of the Medicare In- SEC. 2. FINDINGS. the end the following new paragraph: tegrity Program funds, and two per- Congress finds the following: ‘‘(3) Any regulation described under paragraph (2) may not take effect earlier than cent of carrier funds, must be devoted (1) Physicians, providers of services, and suppliers of medical equipment and supplies the date on which such regulation becomes a to provider education programs. that participate in the medicare program final regulation. Any regulation described providers cannot be expected to com- under title XVIII of the Social Security Act under such paragraph that applies to an ply with the endless number of Medi- must contend with over 100,000 pages of com- agency action, including any agency deter- care regulations if they are not shown plex medicare regulations, most of which are mination, shall only apply as that regulation how to submit clean claims. We must unknowable to the average health care pro- is in effect at the time that agency action is ensure that providers are given the in- vider. taken.’’. (2) Many physicians are choosing to dis- SEC. 102. REQUIREMENTS FOR JUDICIAL AND formation needed to eliminate future REGULATORY CHALLENGES OF REG- billing errors, and improve the respon- continue participation in the medicare program to avoid becoming the target of an ULATIONS. (a) RIGHT TO CHALLENGE CONSTITU- siveness of HCFA. overzealous Government investigation re- TIONALITY AND STATUTORY AUTHORITY OF It is with the goal of protecting our garding compliance with the extensive regu- HCFA REGULATIONS.—Section 1872 of the So- Medicare population, and the providers lations governing the submission and pay- cial Security Act (42 U.S.C. 1395ii) is amendment of medicare claims. who tend care, that leads me to intro- ed to read as follows: duce the ‘‘Medicare Billing and Edu- (3) Health Care Financing Administration ‘‘APPLICATION OF CERTAIN PROVISIONS OF cation act of 2000.’’ This bill will ensure contractors send post-payment review letters to physicians that require the physician TITLE II that providers are treated with the re- ‘‘SEC. 1872. The provisions of sections 206 spect that they deserve, and that Medi- to submit to additional substantial Govern- ment interference with the practice of the and 216(j), and of subsections (a), (d), (e), (h), care beneficiaries aren’t told that their physician in order to preserve the physi- (i), (j), (k), and (l) of section 205, shall also health insurance isn’t wanted. We owe cian’s right to due process. apply with respect to this title to the same it to our nation’s seniors. I urge imme- (4) When a Health Care Financing Adminis- extent as they are applicable with respect to diate action on this worthy bill. tration contractor sends a post-payment re- title II, except that— I ask unanimous consent that the view letter to a physician, that contractor ‘‘(1) in applying such provisions with respect to this title, any reference therein to text of my bill be printed in the often has no telephone or face-to-face communication with the physician, provider of the Commissioner of Social Security or the RECORD. Social Security Administration shall be con- There being no objection, the bill was services, or supplier. (5) The Health Care Financing Administra- sidered a reference to the Secretary or the ordered to be printed in the RECORD, as tion targets billing errors as though health Department of Health and Human Services, follows: care providers have committed fraudulent respectively; and S. 3131 acts, but has not adequately educated physi- ‘‘(2) section 205(h) shall not apply with respect to any action brought against the Sec- Be it enacted by the Senate and House of cians, providers of services, and suppliers regarding medicare billing requirements. retary under section 1331 or 1346 of title 28, Representatives of the United States of America United States Code, regardless of whether in Congress assembled, (6) The Office of the Inspector General of the Department of Health and Human Serv- such action is unrelated to a specific deter- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ices found that 75 percent of surveyed physi- mination of the Secretary, that challenges— (a) SHORT TITLE.—This Act may be cited as cians had never received any educational ‘‘(A) the constitutionality of substantive the ‘‘Medicare Billing and Education Act of materials from a Health Care Financing Ad- or interpretive rules of general applicability 2000’’. ministration contractor concerning the issued by the Secretary; (b) TABLE OF CONTENTS.—The table of con- equipment and supply ordering process. ‘‘(B) the Secretary’s statutory authority to tents of this Act is as follows: promulgate such substantive or interpretive SEC. 3. DEFINITIONS. Sec. 1. Short title; table of contents. rules of general applicability; or In this Act: Sec. 2. Findings. ‘‘(C) a finding of good cause under subpara- (1) APPLICABLE AUTHORITY.—The term ‘‘ap- Sec. 3. Definitions. graph (B) of the sentence following section plicable authority’’ has the meaning given TITLE I—REGULATORY REFORM 553(b)(3) of title 5, United States Code, if used such term in section 1861(uu)(1) of the Social in the promulgation of substantive or inter- Sec. 101. Prospective application of certain Security Act (as added by section 202). pretive rules of general applicability issued regulations. (2) CARRIER.—The term ‘‘carrier’’ means a by the Secretary.’’. Sec. 102. Requirements for judicial and regu- carrier (as defined in section 1842(f) of the (b) CONSTRUCTION OF HEARING RIGHTS RE- latory challenges of regula- Social Security Act (42 U.S.C. 1395u(f))) with LATING TO DETERMINATIONS BY THE SEC- tions. a contract under title XVIII of such Act to RETARY REGARDING AGREEMENTS WITH PRO- Sec. 103. Prohibition of recovering past administer benefits under part B of such VIDERS OF SERVICES.—Section 1866(h) of the overpayments by certain title. Social Security Act (42 U.S.C. 1395cc(h)) is means. (3) EXTRAPOLATION.—The term ‘‘extrapo- amended by adding at the end the following Sec. 104. Prohibition of recovering past lation’’ has the meaning given such term in new paragraph: overpayments if appeal pend- section 1861(uu)(2) of the Social Security Act ‘‘(3) For purposes of applying paragraph (1), ing. (as added by section 202). an institution or agency dissatisfied with a

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9471 determination by the Secretary described in in section 1861(uu)(2)) if the physician has SEC. 203. RIGHT TO APPEAL ON BEHALF OF DE- such paragraph shall be entitled to a hearing not been the subject of a post-payment CEASED BENEFICIARIES. thereon regardless of whether— audit. Notwithstanding section 1870 of the Social ‘‘(A) such determination has been made by ‘‘(D) As part of any written consent settle- Security Act (42 U.S.C. 1395gg) or any other the Secretary or by a State pursuant to an ment communication, the carrier or a con- provision of law, the Secretary shall permit agreement entered into with the Secretary tractor under section 1893 shall clearly state any health care provider to appeal any deter- under section 1864; or that the physician may submit additional in- mination of the Secretary under the medicare program on behalf of a deceased bene- ‘‘(B) the Secretary has imposed or may im- formation (including evidence other than ficiary where no substitute party is avail- pose a remedy, penalty, or other sanction on medical records) to dispute the overpayment able. the institution or agency in connection with amount without waiving any administrative such determination.’’. remedy or right to appeal the amount of the TITLE III—EDUCATION COMPONENTS SEC. 103. PROHIBITION OF RECOVERING PAST overpayment. SEC. 301. DESIGNATED FUNDING LEVELS FOR OVERPAYMENTS BY CERTAIN ‘‘(E) As part of the administrative appeals PROVIDER EDUCATION. MEANS. process for any amount in controversy, a (a) EDUCATION PROGRAMS FOR PHYSICIANS, (a) IN GENERAL.—Except as provided in physician may directly appeal any adverse PROVIDERS OF SERVICES, AND SUPPLIERS.— subsection (b) and notwithstanding sections determination of the carrier or a contractor Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at 1815(a), 1842(b), and 1861(v)(1)(A)(ii) of the So- under section 1893 to an administrative law the end the following new section: cial Security Act (42 U.S.C. 1395g(a), 1395u(a), judge. and 1395x(v)(1)(A)(ii)), or any other provision ‘‘(F)(i) Each consent settlement commu- ‘‘EDUCATION PROGRAMS FOR PHYSICIANS, of law, for purposes of applying sections nication from the carrier or a contractor PROVIDERS OF SERVICES, AND SUPPLIERS 1842(b)(3)(B)(ii), 1866(a)(1)(B)(ii), 1870, and 1893 under section 1893 shall clearly state that ‘‘SEC. 1897. (a) DEFINITIONS.—In this sec- of such Act (42 U.S.C. 1395u(b)(3)(B)(ii), prepayment review (as defined in section tion: 1395cc(a)(1)(B)(ii), 1395gg, and 1395ddd), the 1861(uu)(3)) may be imposed where the physi- ‘‘(1) EDUCATION PROGRAMS.—The term ‘edu- Secretary may not offset any future pay- cian submits an actual or projected repay- cation programs’ means programs under- ment to a health care provider to recoup a ment to the carrier or a contractor under taken in conjunction with Federal, State, previously made overpayment, but instead section 1893. Any prepayment review shall and local medical societies, specialty soci- shall establish a repayment plan to recoup cease if the physician demonstrates to the eties, other providers, and the Federal, such an overpayment. carrier that the physician has properly sub- State, and local associations of such pro- (b) EXCEPTION.—This section shall not mitted clean claims (as defined in section viders that— apply to cases in which the Secretary finds 1816(c)(2)(B)(i)). ‘‘(A) focus on current billing, coding, cost reporting, and documentation laws, regula- evidence of fraud or similar fault on the part ‘‘(ii) Prepayment review may not be ap- tions, fiscal intermediary and carrier man- of such provider. plied as a result of an action under section ual instructions; SEC. 104. PROHIBITION OF RECOVERING PAST 201(a), 301(b), or 302. ‘‘(B) place special emphasis on billing, cod- OVERPAYMENTS IF APPEAL PEND- ‘‘(2) If a carrier or a contractor under sec- ING. ing, cost reporting, and documentation er- tion 1893 identifies (before or during post- (a) Notwithstanding any provision of law, rors that the Secretary has found occur with payment review activities) that a physician for purposes of applying sections the highest frequency; and has submitted a claim with a coding, docu- 1842(b)(3)(B)(ii), 1866(a)(1)(B)(ii), 1870, and 1893 ‘‘(C) emphasize remedies for these im- mentation, or billing inconsistency, before of the Social Security Act (42 U.S.C. proper billing, coding, cost reporting, and sending any written communication to such 1395u(b)(3)(B)(ii), 1395cc(a)(1)(B)(ii), 1395gg, documentation practices. physician, the carrier or a contractor under and 1395ddd), the Secretary may not take ‘‘(2) ELIGIBLE PROVIDERS.—The term ‘eligi- section 1893 shall contact the physician by any action (or authorize any other person, ble provider’ means a physician (as defined telephone or in person at the physician’s including any fiscal intermediary, carrier, in section 1861(r)), a provider of services (as place of business during regular business and contractor under section 1893 of such Act defined in section 1861(u)), or a supplier of hours and shall— (42 U.S.C. 1395ddd)) to recoup an overpay- medical equipment and supplies (as defined ‘‘(i) identify the billing anomaly; ment during the period in which a health in section 1834(j)(5)). ‘‘(ii) inform the physician of how to ad- care provider is appealing a determination ‘‘(b) CONDUCT OF EDUCATION PROGRAMS.— dress the anomaly; and that such an overpayment has been made or ‘‘(1) IN GENERAL.—Carriers and fiscal inter- ‘‘(iii) describe the type of coding or docu- the amount of the overpayment. mediaries shall conduct education programs mentation that is required for the claim.’’. (b) Exception to this section shall not for any eligible provider that submits a apply to cases in which the Secretary finds (b) EFFECTIVE DATE.—The amendments claim under paragraph (2)(A). evidence of fraud or similar fault on the part made by this section shall take effect 60 days ‘‘(2) ELIGIBLE PROVIDER EDUCATION.— of such provider. after the date of enactment of this Act. ‘‘(A) SUBMISSION OF CLAIMS AND RECORDS.— Any eligible provider may voluntarily sub- TITLE II—APPEALS PROCESS REFORMS SEC. 202. DEFINITIONS RELATING TO PROTEC- TIONS FOR PHYSICIANS, SUPPLIERS, mit any present or prior claim or medical SEC. 201. REFORM OF POST-PAYMENT AUDIT AND PROVIDERS OF SERVICES. record to the applicable authority (as de- PROCESS. (a) IN GENERAL.—Section 1861 of the Social fined in section 1861(uu)(1)) to determine (a) COMMUNICATIONS TO PHYSICIANS.—Sec- Security Act (42 U.S.C. 1395 et seq.) is whether the billing, coding, and documentation 1842 of the Social Security Act (42 amended by adding at the end the following tion associated with the claim is appro- U.S.C. 1395u) is amended by adding at the new subsection: priate. end the following new subsection: ‘‘Definitions Relating to Protections for ‘‘(B) PROHIBITION OF EXTRAPOLATION.—No ‘‘(u)(1)(A) Except as provided in paragraph claim submitted under subparagraph (A) is (2), in carrying out its contract under sub- Physicians, Suppliers, and Providers of Services subject to any type of extrapolation (as de- section (b)(3), with respect to physicians’ fined in section 1861(uu)(2)). services, the carrier shall provide for the ‘‘(uu) For purposes of provisions of this ‘‘(c) SAFE HARBOR.—No submission of a recoupment of overpayments in the manner title relating to protections for physicians, claim or record under this section shall redescribed in the succeeding subparagraphs suppliers of medical equipment and supplies, sult in the carrier or a contractor under sec- if— and providers of services: tion 1893 beginning an investigation or tar- ‘‘(i) the carrier or a contractor under sec- ‘‘(1) APPLICABLE AUTHORITY.—The term ‘ap- geting an individual or entity based on any tion 1893 has not requested any relevant plicable authority’ means the carrier, con- claim or record submitted under such sub- record or file; and tractor under section 1893, or fiscal inter- paragraph. ‘‘(ii) the case has not been referred to the mediary that is responsible for making any ‘‘(3) TREATMENT OF IMPROPER CLAIMS.—If Department of Justice or the Office of In- determination regarding a payment for any the carrier or fiscal intermediary finds a spector General. item or service under the medicare program claim to be improper, the eligible provider ‘‘(B)(i) During the 1-year period beginning under this title. shall have the following options: on the date on which a physician receives an ‘‘(2) EXTRAPOLATION.—The term ‘extrapo- ‘‘(A) CORRECTION OF PROBLEMS.—To correct overpayment, the physician may return the lation’ means the application of an overpay- the documentation, coding, or billing prob- overpayment to the carrier making such ment dollar amount to a larger grouping of lem to appropriately substantiate the claim overpayment without any penalty. physician claims than those in the audited and either— ‘‘(ii) If a physician returns an overpayment sample to calculate a projected overpayment ‘‘(i) remit the actual overpayment; or under clause (i), neither the carrier nor the figure. ‘‘(ii) receive the appropriate additional contractor under section 1893 may begin an ‘‘(3) PREPAYMENT REVIEW.—The term ‘prepayment from the carrier or fiscal inter- investigation or target such physician based payment review’ means the carriers’ and fis- mediary. on any claim associated with the amount the cal intermediaries’ practice of withholding ‘‘(B) REPAYMENT.—To repay the actual physician has repaid. claim reimbursements from eligible pro- overpayment amount if the service was not ‘‘(C) The carrier or a contractor under sec- viders even if the claims have been properly covered under the medicare program under tion 1893 may not recoup or offset payment submitted and reflect medical services pro- this title or if adequate documentation does amounts based on extrapolation (as defined vided.’’. not exist.

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‘‘(4) PROHIBITION OF ELIGIBLE PROVIDER ther the fiscal intermediary, the carrier, nor provider participation in the medicare pro- TRACKING.—The applicable authorities may a contractor under section 1893 may begin an gram to determine whether policies or en- not use the record of attendance of any eligi- investigation or target such party based on forcement efforts against health care pro- ble provider at an education program con- any claim cited in the request.’’; and viders have reduced access to care for medi- ducted under this section or the inquiry re- (2) in paragraph (6), by striking, ‘‘ and be- care beneficiaries. Such study shall include a garding claims under paragraph (2)(A) to se- fore the date which is 4 years after such date determination of the total cost to physician, lect, identify, or track such eligible provider of enactment’’. supplier, and provider practices of compli- for the purpose of conducting any type of TITLE IV—SUSTAINABLE GROWTH RATE ance with medicare laws and regulations, the audit or prepayment review.’’. REFORMS number of physician, supplier, and provider (b) FUNDING OF EDUCATION PROGRAMS.— audits, the actual overpayments assessed in SEC. 401. INCLUSION OF REGULATORY COSTS IN (1) MEDICARE INTEGRITY PROGRAM.—Section consent settlements, and the attendant pro- 1893(b)(4) of the Social Security Act (42 THE CALCULATION OF THE SUS- TAINABLE GROWTH RATE. jected overpayments communicated to phy- U.S.C. 1395ddd(b)(4)) is amended by adding at (a) IN GENERAL.—Section 1848(f)(2) of the sicians, suppliers, and providers as part of the end the following new sentence: ‘‘No less Social Security Act (42 U.S.C. 1395w–4(f)(2)) the consent settlement process. than 10 percent of the program funds shall be is amended— (b) REPORT.—Not later than 18 months devoted to the education programs for eligi- (1) by redesignating subparagraphs (A) after the date of enactment of this Act, the ble providers under section 1897.’’. through (D) as clauses (i) through (iv), re- Comptroller General shall submit to Con- (2) CARRIERS.—Section 1842(b)(3)(H) of the spectively; gress a report on the study conducted under Social Security Act (42 U.S.C. 1395u(b)(3)(H)) (2) by striking ‘‘SPECIFICATION OF GROWTH subsection (a), together with such rec- is amended by adding at the end the fol- RATE.—The sustainable growth rate’’ and in- ommendations for legislative and adminis- lowing new clause: serting ‘‘SPECIFICATION OF GROWTH RATE.— trative action as the Comptroller General de- ‘‘(iii) No less than 2 percent of carrier termines appropriate. funds shall be devoted to the education pro- ‘‘(A) IN GENERAL.—The sustainable growth rate’’; and SEC. 503. GAO AUDIT OF RANDOM SAMPLE AU- grams for eligible providers under section DITS. 1897.’’. (3) by adding at the end the following new subparagraphs: (a) AUDIT.—The Comptroller General of the (3) FISCAL INTERMEDIARIES.—Section United States shall conduct an audit to de- 1816(b)(1) of the Social Security Act (42 ‘‘(B) INCLUSION OF SGR REGULATORY COSTS.—The Secretary shall include in the termine— U.S.C. 1395h(b)(1)) is amended— (1) the statistical validity of random sam- (A) in subparagraph (A), by striking ‘‘and’’ estimate established under clause (iv)— ‘‘(i) the costs for each physicians’ service ple audits conducted under the medicare pro- at the end; gram before the date of the enactment of (B) in subparagraph (B), by striking ‘‘; resulting from any regulation implemented by the Secretary during the year for which this Act; and’’ and inserting a comma; and (2) the necessity of such audits for pur- (C) by adding at the end the following new the sustainable growth rate is estimated, including those regulations that may be imple- poses of administering sections 1815(a), subparagraph: 1842(a), and 1861(v)(1)(A)(ii) of the Social Se- ‘‘(C) that such agency or organization is mented during such year; and ‘‘(ii) the costs described in subparagraph curity Act (42 U.S.C. 1395g(a), 1395u(a), and using no less than 1 percent of its funding for 1395x(v)(1)(A)(ii)); education programs for eligible providers (C). ‘‘(C) INCLUSION OF OTHER REGULATORY (3) the effects of the application of such au- under section 1897.’’. dits to health care providers under sections (c) EFFECTIVE DATE.—The amendments COSTS.—The costs described in this subpara- 1842(b), 1866(a)(1)(B)(ii), 1870, and 1893 of such made by this section shall take effect 60 days graph are any per procedure costs incurred after the date of enactment of this Act. by each physicians’ practice in complying Act (42 U.S.C. 1395u(a), 1395cc(a)(1)(B)(ii), 1395gg, and 1395ddd); and SEC. 302. ADVISORY OPINIONS. with each regulation promulgated by the (4) the percentage of claims found to be im- (a) STRAIGHT ANSWERS.— Secretary, regardless of whether such regula- proper from these audits, as well as the pro- (1) IN GENERAL.—Fiscal intermediaries and tion affects the fee schedule established portion of the extrapolated overpayment carriers shall do their utmost to provide under subsection (b)(1). amounts to the overpayment amounts found health care providers with one, straight and ‘‘(D) INCLUSION OF COSTS IN REGULATORY IM- from the analysis of the original sample. correct answer regarding billing and cost re- PACT ANALYSES.—With respect to any regula- (b) REPORT.—Not later than 18 months porting questions under the medicare pro- tion promulgated on or after January 1, 2001, after the date of the enactment of this Act, gram, and will, when requested, give their that may impose a regulatory cost described the Comptroller General shall submit to true first and last names to providers. in subparagraph (B)(i) or (C) on a physician, Congress a report on the audit conducted (2) WRITTEN REQUESTS.— the Secretary shall include in the regulatory under subsection (a), together with such rec- (A) IN GENERAL.—The Secretary shall es- impact analysis accompanying such regula- ommendations for legislative and adminis- tablish a process under which a health care tion an estimate of any such cost.’’. trative action as the Comptroller General de- provider may request, in writing from a fis- (b) EFFECTIVE DATE.—The amendments termines appropriate. cal intermediary or carrier, assistance in ad- made by subsection (a) shall apply with re- dressing questionable coverage, billing, doc- spect to any estimate made by the Secretary of Health and Human Services on or after By Mr. WARNER: umentation, coding and cost reporting proce- S. 3132. A bill to expand the boundary dures under the medicare program and then the date of enactment of this Act. the fiscal intermediary or carrier shall re- TITLE V—STUDIES AND REPORTS of the George Washington Birthplace National Monument, and for other pur- spond in writing within 30 business days with SEC. 501. GAO AUDIT AND REPORT ON COMPLI- the correct billing or procedural answer. ANCE WITH CERTAIN STATUTORY poses; to the Committee on Energy and (B) USE OF WRITTEN STATEMENT.— ADMINISTRATIVE PROCEDURE RE- Natural Resources.se QUIREMENTS. (i) IN GENERAL.—Subject to clause (ii), a GEORGE WASHINGTON BIRTHPLACE NATIONAL written statement under paragraph (1) may (a) AUDIT.—The Comptroller General of the MONUMENT BOUNDARY ADJUSTMENT ACT OF 2000 be used as proof against a future payment United States shall conduct an audit of the Mr. WARNER. Mr. President, the compliance of the Health Care Financing Ad- audit or overpayment determination under man who would later become America’s the medicare program. ministration and all regulations promul- (ii) EXTRAPOLATION PROHIBITION.—Subject gated by the Department of Health and first president, George Washington, to clause (iii), no claim submitted under this Human Resources under statutes adminis- was born at Popes Creek Plantation on section shall be subject to extrapolation. tered by the Health Care Financing Adminis- the banks of the Potomac River in 1732. (iii) LIMITATION ON APPLICATION.—Clauses tration with— Although most Americans are familiar (i) and (ii) shall not apply to cases of fraudu- (1) the provisions of such statutes; with his later residence at Mt. Vernon, lent billing. (2) subchapter II of chapter 5 of title 5, fewer people know that George Wash- (C) SAFE HARBOR.—If a physician requests United States Code (including section 553 of ington’s childhood was spent on this such title); and an advisory opinion under this subsection, sprawling 550 acre plantation in West- neither the fiscal intermediary, the carrier, (3) chapter 6 of title 5, United States Code. nor a contractor under section 1893 of the So- (b) REPORT.—Not later than 18 months moreland County, Virginia. cial Security Act (42 U.S.C. 1395ddd) may after the date of enactment of this Act, the The Washington family first settled begin an investigation or target such physi- Comptroller General shall submit to Con- at Popes Creek in 1656 when John cian based on any claim cited in the request. gress a report on the audit conducted under Washington, great-grandfather of (b) EXTENSION OF EXISTING ADVISORY OPIN- subsection (a), together with such rec- George Washington, acquired the prop- ION PROVISIONS OF LAW.—Section 1128D(b) of ommendations for legislative and adminis- erty. Although he later moved to Mt. the Social Security Act (42 U.S.C. 1320a– trative action as the Comptroller General de- Vernon, most historians agree George 7d(b)) is amended— termines appropriate. Washington returned on a regular basis (1) in paragraph (4), by adding at the end SEC. 502. GAO STUDY AND REPORT ON PROVIDER the following new subparagraph: PARTICIPATION. to his birthplace. Located on the prop- ‘‘(C) SAFE HARBOR.—If a party requests an (a) STUDY.—The Comptroller General of erty is the Washington family ceme- advisory opinion under this subsection, nei- the United States shall conduct a study on tery that is the final resting place for

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9473 George Washington’s father, grand- the calibrations provided by the Sec- forward, and I welcome a process that father, and great-grandfather. To this retary for the new protein measure- will make USDA sit down face to face day, Washington family descendants ment instruments were erroneous and with these producers and compensate continue to live in the area. resulted in protein determinations that those that were harmed by the In 1930, Congress recognized the his- were lower than those produced by the mismeasurements. toric importance of this site to the na- technology in use before use of the new tion and created the George Wash- technology was required. By Mr. BAUCUS: ington Birthplace National Monument. As a result of this miscalibration and S. 3134. A bill to amend the Internal The park is truly a national treasure the USDA’s failure to provide adequate Revenue Code of 1986 to provide an in- which tells of George Washington’s notice and opportunity for comment, come tax credit for certain charitable formative years. In addition to pro- hundreds of wheat producers in my conservation contributions of land by viding an excellent example of colonial state were forced to adjust their pro- small farmers and ranchers, and for life, the park contains acres of wood- tein measurement and pricing system other purposes; to the Committee on lands, wetlands, and agricultural fields. in order to protect themselves on re- Finance. I am told numerous bald-eagles now sale. The result was a significant loss RURAL HERITAGE CONSERVATION ACT call the park home. of revenue from the sale of high-pro- Mr. BAUCUS. Mr. President, our na- In this age of rapid development, it is tein wheat. tion’s agricultural heritage is a rich remarkable that despite the passage of Mr. President, I have worked on this tradition, which encompasses much of two hundred and sixty-eight years, the issue for several years—first as a case what we are about as a people; hard Popes Creek area is remarkably un- for my injured Montana producers. In a work, common sense, and a deep re- changed since the time of George perfect this world, this problem would spect for the land. Washington’s birth. The 131,099 annual have been resolved by the USDA at an In Montana, and in too many com- visitors to the park can still experience administrative level immediately after munities across America, our agricul- a rural, pastoral countryside that the miscalibration was identified and tural heritage is at risk. Productive George Washington would recognize. readjusted. Instead, it has lagged on farms and ranches that have been in Much of the credit for this bucolic at- and on and on. Unfortunately this mat- the same family for generations are mosphere is due to the efforts of the ter for technical sovereign immunity being forced to turn their back on the owners of the private property sur- reasons cannot be resolved in the land they love in order to make ends rounding the park. They have done courts. That is why we in Congress are meet. their best to avoid developing the prop- their last chance at getting this re- I applaud our current conservation erty adjacent to the park. But, as these solved once and for all. easement system and the many fine landowners gradually decide they wish It is clearly, however, that these non-profit organizations that have to sell their property, I believe the wheat producers by no fault of their worked with landowners across Amer- Park Service should acquire the sur- own were injured by the USDA’s imple- ica to protect millions of acres of land. rounding property to preserve this his- mentation of a flawed system. But for The successes have been great, but so toric setting for future generations. that error, they would have received a too have the lessons. The alternative is to risk development fair price for their wheat. At a time What we have learned is that the cur- that could forever scar this beautiful when the agricultural community con- rent system does not work particularly national landmark. tinues to suffer from record low prices well for working farmers and ranchers. Today, I am introducing legislation and disastrous weather conditions, this That’s why I’ve introduced the Rural to expand the boundary of the George continued injustice is simply unaccept- Heritage Conservation Act, a creative Washington Birthplace National Monu- able. We must do all in our power to approach that provides farmers and ment by allowing the U.S. Park Serv- correct this problem and justly com- ranchers with a real incentive to pre- ice to acquire portions of the sur- pensate our producers for their losses. serve their, and our, agricultural herit- rounding property from willing sellers. I urge my colleagues to assist us in age. As a nation, it is our duty to preserve the expeditious passage of this legisla- Over the past twenty-five years, over America’s heritage for future generation. 3 million acres of agricultural land tions. I urge my colleagues to support Mr. BURNS. Mr. President I rise have been lost to development in Mon- the preservation of George Washing- today to join my colleague from Mon- tana alone. Many of these acres were ton’s birthplace. tana in introducing the Wheat Protein lost when family farms, hit hard by Mismeasurement Compensation Act. In tough times, chose to give up their By Mr. BAUCUS (for himself and 1993 the Federal Grain Inspection Serv- generations of old farming operations Mr. BURNS): ice changed the technology used to de- and sell to developers in order to pay S. 3133. A bill to provide compensa- termine the protein content of wheat. their outstanding debts. tion to producers for underestimation As a result a number of producers were The measure proposed in this legisla- of wheat protein content; to the Com- harmed. tion will expand the current conserva- mittee on Agriculture, Nutrition, and The issue has had our attention for a tion easement tax incentive program Forestry. number of years, and has cumulated in with an eye toward making the system WHEAT PROTEIN MISMEASUREMENT a recent exercise over the past few work better for the bulk of real, work- COMPENSATION ACT months to find a resolution. The simple ing farmers and ranchers who would Mr. BAUCUS. Mr. President, I rise fact is that the USDA has failed to like to preserve their land for future today to introduce the bill which will work with the farmers harmed so we generations but for whom the current provide long-overdue compensation to can determine the actual financial im- system does not provide any meaning- agricultural producers in my state and pact to all producers. However, I am ful incentive. across the country. The ‘‘Wheat Pro- very confident we can address the Let me give you a real-life example tein Mismeasurement Compensation losses shouldered by Montana’s pro- that was presented by my good friend Act’’ provides a legislative remedy for ducers with the $465 million cap in this Jerry Townsend of Highwood Montana producers who suffered a loss due to legislation. before the Senate Finance Committee’s the U.S. Department of Agriculture’s My number one priority is to ensure subcommittee on Tax and IRS over- erroneous underestimation of their that those producers who were harmed sight. wheat protein content for wheat sold by the Federal Government’s mis- Mr. Townsend testified that when he between May 2, 1993 and January 24, calculation are fully reimbursed for gave a conservation easement to the 1994. their losses. As we work this bill Montana Land Reliance, the value of In May 1993, the Secretary of Agri- through the legislative process I be- his deduction was $524,000. However, culture, acting through the Federal lieve we may need to readdress the sec- under current law, over the last five Grain Inspection Service, required the tion on the amount of compensation years he has only been able to save use of new technology for determining for the attorneys, but only time will $1,858 in federal taxes. Not much of an the protein content of wheat. However, tell. I believe this bill is a good step incentive, particularly when you factor

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9474 CONGRESSIONAL RECORD — SENATE September 28, 2000 in the $2,500 he paid for the appraisal cussion of this important matter. We the brunt of the tax increases imposed required to complete the conservation must find the best way to solve this by this administration. Again, that is easement process. problem that threatens the conserva- according to the Nonpartisan Tax The Rural Heritage Conservation Act tion of our agricultural lands and rural Foundation. Total taxes nationwide will do three things. way of life. claim 39 percent of hard-earned in- First, it will create a targeted, lim- I hope that as we consider other land come, and that is more than the typ- ited tax credit for farm and ranch filers conservation initiatives and other ical family in this country pays for who donate a conservation easement to measures to make significant changes food, clothing, shelter, and transpor- a qualified land trust. Mr. Townsend’s to the estate tax system, that the tation combined. example is all too familiar a story to changes I’m proposing in the Rural In the past few years, over 20 million farmers and ranchers throughout Heritage Conservation Act will be a Americans earning between $30,000 and America. The relatively small deduc- key part of the discussion. $50,000 have been pushed from the 15- tion they can obtain under current law percent tax bracket into the 28-percent does not in any way equate to either By Mr. GRAMS: S. 3138. A bill to amend the Internal tax bracket due to our unfair tax sys- the potential income they have for- tem. They are paying almost twice as feited or the value the public has Revenue Code of 1986 to increase the amount and availability of the child much for those incomes, pushed from gained from the donation. As a result, the 15-percent to the 28-percent tax fewer and fewer farmers and ranchers tax credit and make the credit refundable; to the Committee on Finance. bracket. As low-income and minimum are donating conservation easements wage workers work harder and pay HELPING AMERICAN FAMILIES and protecting their land for future more, their payroll taxes also increase, Mr. GRAMS. Mr. President, I will generations. taking a huge bite out of their hard- talk for a couple of minutes about one To protect against abuse, the bill earned dollars—dollars that I believe of the issues about which I am most calls for a cap on the total tax credit are desperately needed to keep those passionate, and that is taxes, or the available under the program and re- families above the poverty line. quires that a majority of the income overtaxation of the American people in for the qualifying filer be from farm a time of surpluses, and the refusal of Taxes collected by the Federal Gov- and ranch operations. this Congress, this President, to even ernment have reached 20.6 percent of Second, this legislation will level the make an attempt to have meaningful all national income. That is the high- playing field for all types of agricul- tax cuts or meaningful tax relief before est level since World War II. The gov- tural filers. Current law allows C-Corps the end of this Congress. ernment takes one-fifth of every dollar to deduct up to 10 percent of their in- In 1997, the Congress passed and the produced in this country every year. In come compared to the 30% allowed for President signed into law my $500-per- the next 10 years, working Americans other business types including Limited child tax credit legislation. As a result, will pay taxes that will contribute to Liability Companies, Sole Proprietor- today about 40 million children in this an over $2.2 trillion non-Social Secu- ships and Limited Liability Partner- country receive this tax credit every rity surplus. This non-Social Security ships. year, and it returns a total of about $20 surplus will be $2.2 trillion and that is According to figures presented by the billion a year in tax savings to fami- even after assuming government spend- Montana Land Reliance, there are lies. That is money that families can ing is increasing along with the level some 40,000 acres of land in Montana use for savings for their children’s edu- and rate of inflation. This non-Social alone owned by C-Corporations, in cation, for day care, for tutors, for Security surplus comes from increased most cases family held, that have iden- braces, a new washer, dryer—any- personal taxes and the realization of tified the 10 percent limit as a barrier thing—a family vacation. But it is our capital gains taxes. to their contributing an easement. what the family decides to spend their I believe this money should be re- Third, the bill would eliminate the hard-earned money on, rather than turned to working Americans in the current provision that limits addi- waiting for a handout from Wash- form of some tax relief, debt reduction, tional estate tax relief to landowners ington. and also Social Security reform. Yes, only within a 25 mile radius of a metro- In fact, for the first time since the overtaxed American families still need politan area. 1980s, this tax credit and other Repub- tax relief today. I believe using some of As we have discussed at some length lican-initiated tax cuts have reduced the non-Social Security surplus to ex- in this very chamber, estate tax is a the tax burden for low- and middle-in- pand the $500-per-child tax credit is one significant issue for many Americans, come families. I have heard many of of the right things to do because Wash- including those who live in farm and my colleagues on the other side of the ington, again, is taking more taxes ranch households. The current radius aisle bragging about how some people from American families at a time when restriction works to the financial dis- in the United States are paying less it doesn’t need the money as bad as advantage of people who live in states taxes today—and that is true—but it is families do. with sparse populations. mainly true because of the $500-per- I have repeatedly argued in this Elimination of the radius will be a child tax credit, nothing else that this Chamber that the family has been and significant improvement to current law administration or this Congress has will continue to be the bedrock of our and will enable many rural families to done. society. Strong families make strong pass along to future generations family Despite this tax credit, the total tax communities, strong communities farms and ranches that are so much a burden is still way too high for work- make for a strong America, and our tax part of the very heart of America. ing Americans. Today, let’s look at an policies should strengthen families and Protecting our agricultural heritage average two-income family. The me- should be there to reestablish the value and the land that makes it possible is dian two-income family pays $26,759 in of families. good public policy. I believe that the Federal, State, and local taxes. Let’s Agricultural Heritage Preservation Act compare this with back in 1992. Those Between 1960 and 1985, Federal taxes is a creative, common sense approach taxes were $21,320 a year—a 26-percent on American families increased signifi- to improving the current conservation increase in the tax burden for average cantly. For families with 4 children, easement program and making it work families in just the last 8 years of the the Federal income tax rate increased better to meet this important goal. I’m Clinton administration. That is accord- 223 percent; for families with two chil- not claiming that this approach is the ing to the Nonpartisan Tax Founda- dren the rate increased 43 percent. The ‘‘perfect’’ approach, or the only way to tion. To date, $26,759; 8 years ago, inflation-adjusted median income for accomplish our goals. But it’s clear $21,320. families with children also decreased that the current system does not work That shows the increase in taxes to between 1973 and 1994. So its income effectively for small farmers and the median-income family—not the was going down and taxes were still ranchers and we must do more. I hope rich of this country. They are paying going up. that the introduction of this bill will more in taxes, as well. But it is the av- While the 1997 Taxpayer Relief Act, initiate an informed, intelligent dis- erage working family that is paying which included my $500-per-child tax

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9475 credit, has helped to change this situa- people are going to be able to keep this purchased coal mineral rights on land tion, there is still room for improve- money or are we going to allow more that was later designated as the Daniel ment, a lot of room for a lot of im- and more to come to Washington as it Boone National Forest. Today, TVA provement. For example, combined grows more and more powerful and the owns 40,000 acres of mineral rights with the dependent exemption, the tax power and wealth and independence of under the forest. benefits for families raising children American citizens grows weaker and This past July, TVA announced that still falls well below both the inflation- weaker. it no longer had a need for these exten- adjusted value of the original depend- Mr. GRAMS. The Senator from Ala- sive mineral rights, and announced ent exemption, and also the actual cost bama is right. If we look at it, at a that after a 15-day comment period, it of raising children according to Min- time of overtaxation, when American intended to auction the rights to a coal nesota’s Children Defense Fund. workers are getting up every morning, operator to mine the land. In TVA’s In addition, this child tax credit and working hard, and sending this money view, this was a way to get much need- the income threshold for families to Washington, and then it is over- ed funds to pay down the $26 billion qualifying for credit are not indexed taxed—we are not talking about cut- debt which they have amassed over the for inflation. As a result, the value of ting taxes at all. We are talking right years. Since TVA originally had pur- this child tax credit would also shrink now about returning some of the sur- chased the land with ratepayer funds, in the future and fewer families would plus to make sure those people who they were unwilling simply to donate qualify for the credit. worked hard and produced this windfall the land, and consequently defended That is why I am introducing tonight get it back. their proposal to auction off their legislation aimed at expanding the tax We tell our children: If you find a rights to a coal operator by arguing credit. My legislation would increase wallet on the street with $1,000 dollars that they currently have the ability to the tax credit from $500 per child to in it, the first thing you should do is mine the land since they owned the $1,000, and it would be adjusted for in- try to return it to the owner. Make mineral rights before the forest was flation every year. It would also index sure you give the money back. Wash- created. the income threshold for families ington has found a wallet with $2.2 tril- As you can imagine, Mr. President, qualifying for this tax credit. lion in it, and they won’t give it back. this proposal hit a nerve with Kentuck- While I strongly support this in- They are trying to find a way to spend ians, who were quick to express their crease as well as the marriage penalty it. I think our hard-working families outrage at the proposition that TVA repeal and getting rid of the death tax, deserve some tax credit along with could allow mining in the Daniel Boone the only way we will achieve meaning- debt reduction and securing Social Se- National Forest. The Courier-Journal, ful tax relief is to reform our entire tax curity, rather than leaving it for the in an editorial published on August 7, system completely. Even my legisla- big spenders in Washington to decide 2000, wrote that TVA’s proposal was a tion today, I look at as just an interim how they want to divvy up and dole out ‘‘rush to judgment’’ that failed to take step toward this very essential goal of their money. the public interest into consideration. having a tax system that is simple, Mr. SESSIONS. I think my colleague The editorial went on to say that ‘‘the fair, and easy to understand. also makes an excellent point about best outcome, obviously, would be for With these proposed improvements this percentage of the total gross do- the U.S. Forest Service to control the we would allow overtaxed working fam- mestic product. People say we cannot mineral rights under the acreage that ilies with children to keep a little bit afford a tax cut, but we have reached it manages. And if there are legal prob- more of their own money—give them record levels of a total gross domestic lems to overcome in arranging that, the opportunity to spend it on their product that is being taken by the Gov- the auction should be held up until own priorities, not looking for a hand- ernment. These suggestions the Sen- Congress can remove them.’’ Mr. Presi- out from Washington, not saying they ator makes are worthwhile. We need to dent, that is essentially what my legis- need another program from Wash- be working on that and the marriage lation will achieve. I would like to sub- ington, not that they want another big penalty and the estate tax and a lot of mit the editorial for the RECORD. government approach—but allowing other things around here which we can Well, Mr. President, both Congress them to keep some of their dollars so afford. I thank my colleague. and TVA responded to the public out- they can make the determination on Mr. GRAMS. I thank the Senator cry. First, Senator BUNNING offered an how they want to spend their money, a from Alabama for his support. amendment to the Energy and Water little bit more of their own money, to Appropriations bill requiring TVA to spend on their own priorities. I urge Mr. MCCONNELL (for himself and conduct an Environmental Impact my colleagues to support this legisla- Mr. BUNNING): Study (EIS) before it could move for- tion. S. 3140. A bill to transfer administra- ward on its proposal to auction off Mr. SESSIONS. Mr. President, I say tive jurisdiction over land of the Ten- mineral rights. In response to that, a to Senator GRAMS, I think this is an- nessee Valley Authority within the week later, TVA withdrew its auction other insightful bit of tax relief policy Daniel Boone National Forest to the plan, citing its concern that the pro- you are promoting. I look forward to Secretary of Agriculture and com- posal had sent the wrong signals. De- studying it. People think sometimes pensate the Authority for the transfer; spite these developments, the inter- this is not possible. I don’t think we to the Committee on Environment and ested parties continued to press their stop to celebrate enough the wonderful Public Works. case for transferring the mineral rights thing that happened when, under your KENTUCKY NATIONAL FOREST LAND TRANSFER to the Forest Service, and again, I say, leadership and that of a lot of others ACT OF 2000 Mr. President, that is exactly what my who worked on it, we were able to pro- Mr. MCCONNELL. Mr. President, I bill will do. vide a $500-per-child tax credit to work- rise today to introduce the Kentucky My bill is a compromise solution that ing families in America. A mother with National Forest Land Transfer Act of will protect the forest and protect two children will now have, today, 2000. The purpose of this legislation is TVA’s ratepayers, by compensating $1,000 more a year—nearly $80 a month to provide an equitable solution to a TVA. This legislation is narrowly with which they can buy shoes or fix problem that exists in Kentucky—spe- crafted to require TVA to donate the the muffler on the car, take the kids on cifically, to allow the Tennessee Valley mineral rights under the Daniel Boone a trip or to a movie or out for a meal. Authority (TVA) to donate mineral to the Forest Service in exchange for It is the kind of thing that was really rights, which it owns, to the Forest the right to sell other mineral rights great. People said it could not be done Service in exchange for compensation owned by the Interior Department. and it was done. through the sale of other mineral Under this agreement, TVA will re- I think these other proposals the rights in the Federal land inventory. ceive fair market value from the sale, Senator makes are realistic and also Mr. President, I would like to take a which it can then use to reduce its bur- can be done. moment to give my colleagues some geoning debt. We need to continue to work at this. background on this issue and why this My bill has the support of TVA and The question is whether the American is necessary. During the 1960’s, TVA the Forest Service, and is necessary in

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9476 CONGRESSIONAL RECORD — SENATE September 28, 2000 order to implement the compromise SEC. 4. TRANSFER OF ADMINISTRATIVE JURIS- (A) be established with the Minerals Man- which we have worked to achieve. This DICTION OVER COVERED LAND. agement Service of the Department of the (a) IN GENERAL.—All covered land is trans- solution is based on the Mt. St. Helens Interior; and ferred to the administrative jurisdiction of (B) have an initial balance of credits equal National Volcanic Monument Comple- the Secretary to be managed in accordance to $4,000,000. tion Act (P.L. 105–279), which allowed with the laws (including regulations) per- (3) USE OF CREDITS.— for the acquisition of private mineral taining to the National Forest System. (A) IN GENERAL.—The credits shall be avail- rights within the Monument through a (b) AUTHORITY OF SECRETARY OF INTERIOR able to the Tennessee Valley Authority for swap. That legislation passed the Sen- OVER MINERAL RESOURCES.—The transfer of the purposes described in subsection (a). ate by unanimous consent. It is my the covered land shall be subject to the au- (B) ADJUSTMENT OF BALANCE.—The Sec- thority of the Secretary of the Interior with retary of the Interior shall adjust the bal- hope that my colleagues will recognize respect to mineral resources underlying Na- the merits of my legislation and pass it ance of credits in the account to reflect cred- tional Forest System land, including laws its accepted by the Secretary of the Interior with similar support. pertaining to mineral leasing and the Sur- under subsection (c). Mr. President, we are in the waning face Mining Control and Reclamation Act of (f) TRANSFER OR SALE OF CREDITS.— days of the 106th Congress and time is 1977 (30 U.S.C. 1201 et seq.). (1) IN GENERAL.—The Tennessee Valley Au- running out to implement this care- (c) SURFACE MINING.—No surface mining thority may transfer or sell any credits in fully crafted solution, which is in the shall be permitted with respect to any cov- the account of the Authority to another per- best interest of Kentucky’s citizens ered land except as provided under section son or entity. 522(e)(2) of the Surface Mining Control and and TVA’s ratepayers. This is a win- (2) USE OF TRANSFERRED CREDITS.—Credits Reclamation Act of 1977 (30 U.S.C. 1272(e)(2)). transferred or sold under paragraph (1) may win proposition and I urge the Senate SEC. 5. MONETARY CREDITS. be used in accordance with this subsection to expeditiously consider and pass this (a) IN GENERAL.—In consideration for the only by a person or entity that is qualified important legislation. Mr. President, I transfer provided under section 4, the Sec- to bid on, or that holds, a mineral, oil, or gas yield the floor. retary of the Interior shall provide to the lease under— I ask unanimous consent that a copy Tennessee Valley Authority monetary cred- (A) the Mineral Leasing Act (30 U.S.C. 181 of the bill and an editorial be printed its with a value of $4,000,000 that may be used et seq.); (B) the Outer Continental Shelf Lands Act in the RECORD. for the payment of— There being no objection, the mate- (1) not more than 50 percent of the bonus (43 U.S.C. 1331 et seq.); or or other payments made by successful bid- (C) the Geothermal Steam Act of 1970 (30 rial was ordered to be printed in the ders in any sales of mineral, oil, gas, or geo- U.S.C. 1001 et seq.). RECORD, as follows: thermal leases in the contiguous 48 States (3) NOTIFICATION.— S. 3140 under— (A) IN GENERAL.—Not later than 30 days Be it enacted by the Senate and House of Rep- (A) the Mineral Leasing Act (30 U.S.C. 181 after the transfer or sale of any credits, the resentatives of the United States of America in et seq.); Tennessee Valley Authority shall notify the Congress assembled, (B) the Outer Continental Shelf Lands Act Secretary of the Interior of the transfer or SECTION 1. SHORT TITLE. (43 U.S.C. 1331 et seq.); or sale. This Act may be cited as the ‘‘Kentucky (C) the Geothermal Steam Act of 1970 (30 (B) VALIDITY OF TRANSFER OR SALE.—The National Forest Land Transfer Act of 2000’’. U.S.C. 1001 et seq.); transfer or sale of any credit shall not be (2) not more than 10 percent of the bonus valid until the Secretary of the Interior has SEC. 2. FINDINGS AND PURPOSE. or other payments made by successful bid- received the notification required under sub- (a) FINDINGS.—Congress finds that— ders in any sales of mineral, oil, gas, or geo- paragraph (A). (1) the United States owns over 40,000 acres thermal leases in the State of Alaska under (4) TIME LIMIT ON USE OF CREDITS.— of land and mineral rights administered by the laws referred to in paragraph (1); (A) IN GENERAL.—On the date that is 5 the Tennessee Valley Authority within the (3) not more than 50 percent of any roy- years after the date on which an account is Daniel Boone National Forest in the State of alty, rental, or advance royalty payment established for the Tennessee Valley Author- Kentucky; made to the United States to maintain any ity under subsection (e), the Secretary of the (2) the land and mineral rights were ac- mineral, oil, gas, or geothermal lease in the Interior shall terminate the account. quired by the Tennessee Valley Authority contiguous 48 States issued under the laws (B) UNUSED CREDITS.—Any credits that for purposes of power production using funds referred to in paragraph (1); or originated in the terminated account and derived from ratepayers; (4) not more than 10 percent of any roy- have not been used as of the termination (3) the management of the land and min- alty, rental, or advance royalty payment date, including any credits transferred or eral rights should be carried out in accord- made to the United States to maintain any sold under this subsection, shall expire. ance with the laws governing the manage- mineral, oil, gas, or geothermal lease in the ment of national forests; and SEC. 6. EXISTING AUTHORIZATIONS. State of Alaska issued under the laws re- (a) IN GENERAL.—Nothing in this Act af- (4) the Tennessee Valley Authority, on be- ferred to in paragraph (1). fects any valid existing rights under any half of the ratepayers of the Authority, (b) VALUE OF CREDITS.—The total amount lease, permit, or other authorization by the should be reasonably compensated for the of credits provided under subsection (a) shall Tennessee Valley Authority on covered land land and mineral rights of the Authority be considered equal to the fair market value in effect before the date of enactment of this transferred within the Daniel Boone Na- of the covered land. Act. tional Forest. (c) ACCEPTANCE OF CREDITS.— (b) RENEWAL.—Renewal of any existing (b) PURPOSES.—The purposes of this Act (1) IN GENERAL.—The Secretary of the Inte- lease, permit, or other authorization on cov- are— rior shall accept credits provided under sub- ered land shall be at the discretion of the (1) to transfer administrative jurisdiction section (a) in the same manner as cash for Secretary on terms and conditions deter- over land of the Tennessee Valley Authority the payments described under subsection (a). mined by the Secretary. within the Daniel Boone National Forest to (2) USE OF CREDITS.—The use of the credits SEC. 7. COMPLIANCE WITH ENVIRONMENTAL the Secretary of Agriculture; and shall be subject to the laws (including regu- LAWS. (2) to compensate the Tennessee Valley lations) governing such payments, to the ex- (a) DEFINITIONS.—In this section: Authority for the reasonable value of the tent the laws are consistent with this sec- (1) ENVIRONMENTAL LAW.— transfer of jurisdiction. tion. (A) IN GENERAL.—The term ‘‘environmental SEC. 3. DEFINITIONS. (d) TREATMENT OF CREDITS FOR DISTRIBU- law’’ means all applicable Federal, State, In this Act: TION TO STATES.—All credits accepted by the and local laws (including regulations) and re- (1) COVERED LAND.— Secretary of the Interior under subsection quirements related to protection of human (A) IN GENERAL.—The term ‘‘covered land’’ (c) for the payments described in subsection health, natural or cultural resources, or the means all land and interests in land owned (a) shall be considered to be money received environment. or managed by the Tennessee Valley Author- for the purpose of section 35 of the Mineral (B) INCLUSIONS.—The term ‘‘environmental ity within the boundaries of the Daniel Leasing Act (30 U.S.C. 191) and section 20 of law’’ includes— Boone National Forest in the State of Ken- the Geothermal Steam Act of 1970 (30 U.S.C. (i) the Comprehensive Environmental Re- tucky that are transferred under this Act, 1019). sponse, Compensation, and Liability Act of including surface and subsurface estates. (e) EXCHANGE ACCOUNT.— 1980 (42 U.S.C. 9601 et seq.); (B) EXCLUSIONS.—The term ‘‘covered land’’ (1) ESTABLISHMENT.—Notwithstanding any (ii) the Solid Waste Disposal Act (42 U.S.C. does not include any land or interest in land other provision of law, not later than 60 days 6901 et seq.); owned or managed by the Tennessee Valley after the date of enactment of this Act, the (iii) the Federal Water Pollution Control Authority for the transmission of water, gas, Secretary of the Interior shall establish an Act (33 U.S.C. 1251 et seq.); or power, including power line easements exchange account for the Tennessee Valley (iv) the Clean Air Act (42 U.S.C. 7401 et and associated facilities. Authority for the monetary credits provided seq.); (2) SECRETARY.—The term ‘‘Secretary’’ under subsection (a). (v) the Federal Insecticide, Fungicide, and means the Secretary of Agriculture. (2) ADMINISTRATION.—The account shall— Rodenticide Act (7 U.S.C. 136 et seq.);

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9477 (vi) the Toxic Substances Control Act (15 rectly or indirectly, the responsibilities or that, if all else fails, only those with exem- U.S.C. 2601 et seq.); liabilities under any environmental law of plary mining and reclamation records be al- (vii) the Safe Drinking Water Act (42 any person with respect to the Secretary. lowed to bid. U.S.C. 300f et seq.); (f) OTHER FEDERAL AGENCIES.—Subject to f (viii) the National Environmental Policy the other provisions of this section, a Fed- Act of 1969 (42 U.S.C. 4321 et seq.); and eral agency that carried or carries out oper- ADDITIONAL COSPONSORS (ix) the Endangered Species Act of 1973 (16 ations on covered land resulting in the re- U.S.C. 1531 et seq.). lease or threatened release of a hazardous S. 26 (2) HAZARDOUS SUBSTANCE, POLLUTANT OR substance, pollutant or contaminant, haz- At the request of Mr. FEINGOLD, the CONTAMINANT, RELEASE, AND RESPONSE AC- ardous waste, hazardous material, or petro- name of the Senator from Georgia (Mr. TION.—The terms ‘‘hazardous substance’’, leum product or derivative of a petroleum MILLER) was added as a cosponsor of S. ‘‘pollutant or contaminant’’, ‘‘release’’, and product for which that agency would be lia- 26, a bill entitled the ‘‘Bipartisan Cam- ‘‘response action’’ have the meanings given ble under any environmental law shall pay— paign Reform Act of 1999’’. the terms in section 101 and other provisions (1) the costs of related response actions; of the Comprehensive Environmental Re- and S. 61 sponse, Compensation, and Liability Act of (2) the costs of related actions to reme- At the request of Mr. DEWINE, the 1980 (42 U.S.C. 9601 et seq.). diate petroleum products or their deriva- name of the Senator from West Vir- (b) DOCUMENTATION OF EXISTING CONDI- tives. ginia (Mr. ROCKEFELLER) was added as TIONS.— a cosponsor of S. 61, a bill to amend the (1) IN GENERAL.—Not later than 60 days [From the Courier-Journal, Aug. 7, 2000] after the date of enactment of this Act, the Tariff Act of 1930 to eliminate disincen- TVA’S PROPOSAL TO AUCTION BOONE FOREST tives to fair trade conditions. Tennessee Valley Authority shall provide MINERAL RIGHTS STINKS the Secretary all documentation and infor- S. 190 mation that exists on the environmental The period for comment on the Tennessee Valley Authority’s auction of more than At the request of Mr. INOUYE, the condition of the land and waters comprising name of the Senator from Maine (Ms. the covered land. 40,000 acres in mineral rights under Eastern Kentucky’s Daniel Boone National Forest COLLINS) was added as a cosponsor of S. (2) ADDITIONAL DOCUMENTATION.—The Ten- nessee Valley Authority shall provide the has just closed. But for what it’s worth, we’ll 190, a bill to amend title 10, United Secretary with any additional documenta- comment anyway: It stinks. States Code, to permit former members Talk about a rush to judgment. Comment tion and information regarding the environ- of the Armed Forces who have a serv- was shut off just 15 days after TVA revealed mental condition of the covered land as such ice-connected disability rated as total its plan to sell. documentation and information becomes Given that it’s at least a quasi-public enti- to travel on military aircraft in the available. ty, TVA certainly ought to keep the broad same manner and to the same extent as (c) ACTION REQUIRED.— public interest in mind when it makes major retired members of the Armed Forces (1) ASSESSMENT.—Not later than 120 days after the date of enactment of this Act, the business decisions. TVA should be able to are entitled to travel on such aircraft. Tennessee Valley Authority shall provide to say what public good will result from selling S. 693 these mineral rights to the highest bidder, as the Secretary an assessment indicating what At the request of Mr. HELMS, the if they were some tax evader’s living room action, if any, is required under any environ- name of the Senator from Georgia (Mr. mental law on covered land. furniture being auctioned on the courthouse steps. MILLER) was added as a cosponsor of S. (2) MEMORANDUM OF UNDERSTANDING.—If 693, a bill to assist in the enhancement the assessment concludes that action is re- TVA environmental engineer Steve quired under any environmental law with re- Hillenbrand defends the sellout (and we do of the security of Taiwan, and for other spect to any portion of the covered land, the mean to invoke the word ‘‘sellout’’ in both purposes. its meanings, the ordinary and the pejo- Secretary and the Tennessee Valley Author- S. 695 ity shall enter into a memorandum of under- rative) by saying the agency needs money. But on that basis just about any outrage At the request of Mr. CLELAND, the standing that— name of the Senator from Georgia (Mr. (A) provides for the performance by the could be rationalized. Obviously there needs MILLER) was added as a cosponsor of S. Tennessee Valley Authority of the required to be some better justification. actions identified in the assessment; and Hillenbrand also said TVA wants out be- 695, a bill to direct the Secretary of (B) includes a schedule providing for the cause these mineral deposits are not in the Veterans Affairs to establish a national prompt completion of the required actions to Tennessee Valley. cemetery for veterans in the Atlanta, the satisfaction of the Secretary. Odd. The distance between Eastern Ken- Georgia, metropolitan area. tucky’s coalfields and the utility’s service (d) DOCUMENTATION DEMONSTRATING AC- S. 1128 TION.—The Tennessee Valley Authority shall area never discouraged TVA’s interest, or its provide the Secretary with documentation coal buyers, before. Indeed, for decades the At the request of Mr. KYL, the name demonstrating that all actions required Kentucky River coalfield was stripped and of the Senator from Georgia (Mr. under any environmental law have been augered, its watersheds compromised, its re- MILLER) was added as a cosponsor of S. taken, including all response actions that sources depleted, its people victimized, for 1128, a bill to amend the Internal Rev- are necessary to protect human health and coal to feed the power plants of TVA. enue Code of 1986 to repeal the Federal The story of coal barons and their work in the environment with respect to any haz- estate and gift taxes and the tax on ardous substance, pollutant or contaminant, Appalachia, on behalf of TVA, would make a hazardous waste, hazardous material, or pe- great book, if Upton Sinclair or Ida Tarbell generation-skipping transfers, to pro- troleum product or derivative of a petroleum were still around to write it. vide for a carryover basis at death, and product on covered land. How can TVA simply turn its back on that to establish a partial capital gains ex- (e) CONTINUATION OF RESPONSIBILITIES AND history and depart, with the proceeds of its clusion for inherited assets. LIABILITIES.— auction? S. 1277 (1) IN GENERAL.—The transfer of covered One newspaper story about the auction land under this Act, and the requirements of said TVA wants at least $3.5 million, and will At the request of Mr. GRASSLEY, the this section, shall not affect the responsibil- sell only to those who agree not to strip name of the Senator from Maine (Ms. ities and liabilities of the Tennessee Valley mine. But the legalities are unclear, and pro- COLLINS) was added as a cosponsor of S. Authority under any environmental law. tection for all the national forest land 1277, a bill to amend title XIX of the (2) ACCESS.—The Tennessee Valley Author- against stripping is not a sure thing. Nor Social Security Act to establish a new ity shall have access to the property that would such a restriction address the poten- prospective payment system for Feder- may be reasonably required to carry out a tial impact of deep mining or oil-and-gas ex- ally-qualified health centers and rural responsibility or satisfy a liability referred ploration, which could be devastating. health clinics. to in paragraph (1). The best outcome, obviously, would be for (3) ADDITIONAL TERMS AND CONDITIONS.— the U.S. Forest Service to control the min- S. 1536 The Secretary may require such additional eral rights under the acreage that it man- At the request of Mr. DEWINE, the terms and conditions in connection with the ages. And if there are legal problems to over- names of the Senator from Louisiana transfer of covered land under this Act as come in arranging that, the auction should (Mr. BREAUX), the Senator from Rhode the Secretary considers to be appropriate to be held up until Congress can remove them. Island (Mr. L. CHAFEE), and the Sen- protect the interest of the United States Selling mineral rights to the highest bid- ator from Missouri (Mr. ASHCROFT) concerning the continuation of any respon- der is not a responsible policy. The National sibilities and liabilities under any environ- Citizens’ Coal Law Project is right to oppose were added as cosponsors of S. 1536, a mental law. it, right to call for a full Environmental Im- bill to amend the Older Americans Act (4) NO EFFECT ON RESPONSIBILITIES OR LI- pact Statement on the plan instead of some of 1965 to extend authorizations of ap- ABILITIES.—Nothing in this Act affects, di- half-baked assessment, and right to urge propriations for programs under the

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9478 CONGRESSIONAL RECORD — SENATE September 28, 2000 Act, to modernize programs and serv- (Mr. COCHRAN) and the Senator from ments that an agricultural producer ices for older individuals, and for other Idaho (Mr. CRAPO) were added as co- may receive during the 2000 crop year. purposes. sponsors of S. 2787, a bill to reauthorize S. 3101 S. 1562 the Federal programs to prevent vio- At the request of Mr. ASHCROFT, the At the request of Mr. NICKLES, the lence against women, and for other names of the Senator from North Caro- name of the Senator from Mississippi purposes. lina (Mr. HELMS) and the Senator from (Mr. COCHRAN) was added as a cospon- S. 2858 Georgia (Mr. MILLER) were added as co- sor of S. 1562, a bill to amend the Inter- At the request of Mr. GRAMS, the sponsors of S. 3101, a bill to amend the nal Revenue Code of 1986 to classify name of the Senator from Texas (Mrs. Internal Revenue Code of 1986 to allow certain franchise operation property as HUTCHISON) was added as a cosponsor of as a deduction in determining adjusted 15-year depreciable property. S. 2858, a bill to amend title XVIII of gross income the deduction for ex- S. 2029 the Social Security Act to ensure ade- penses in connection with services as a At the request of Mr. FRIST, the quate payment rates for ambulance member of a reserve component of the name of the Senator from Iowa (Mr. services, to apply a prudent layperson Armed Forces of the United States. HARKIN) was added as a cosponsor of S. standard to the determination of med- S. 3116 2029, a bill to amend the Communica- ical necessity for emergency ambu- At the request of Mr. BREAUX, the tions Act of 1934 to prohibit tele- lance services, and to recognize the ad- name of the Senator from Colorado marketers from interfering with the ditional costs of providing ambulance (Mr. ALLARD) was added as a cosponsor caller identification service of any per- services in rural areas. of S. 3116, a bill to amend the Har- son to whom a telephone solicitation is monized Tariff Schedule of the United made, and for other purposes. S. 2937 At the request of Mr. WYDEN, the States to prevent circumvention of the S. 2265 sugar tariff-rate quotas. At the request of Mrs. HUTCHISON, name of the Senator from Minnesota S. CON. RES. 60 the name of the Senator from Michigan (Mr. WELLSTONE) was added as a co- At the request of Mr. FEINGOLD, the (Mr. ABRAHAM) was added as a cospon- sponsor of S. 2937, a bill to amend title sor of S. 2265, a bill to amend the Inter- XVIII of the Social Security Act to im- name of the Senator from Louisiana nal Revenue Code of 1986 to preserve prove access to Medicare+Choice plans (Mr. BREAUX) was added as a cosponsor marginal domestic oil and natural gas through an increase in the annual of S. Con. Res. 60, a concurrent resolu- well production, and for other pur- Medicare+Choice capitation rates and tion expressing the sense of Congress poses. for other purposes. that a commemorative postage stamp should be issued in honor of the U.S.S. S. 2287 S. 2938 Wisconsin and all those who served At the request of Mr. L. CHAFEE, the At the request of Mr. BROWNBACK, name of the Senator from Connecticut the names of the Senator from Arkan- aboard her. (Mr. LIEBERMAN) was added as a co- sas (Mrs. LINCOLN), the Senator from S. RES. 343 sponsor of S. 2287, a bill to amend the Iowa (Mr. GRASSLEY), and the Senator At the request of Mr. FITZGERALD, Public Health Service Act to authorize from New Jersey (Mr. TORRICELLI) were the name of the Senator from New the Director of the National Institute added as cosponsors of S. 2938, a bill to Hampshire (Mr. SMITH) was added as a of Environmental Health Sciences to prohibit United States assistance to cosponsor of S. Res. 343, a resolution make grants for the development and the Palestinian Authority if a Pales- expressing the sense of the Senate that operation of research centers regarding tinian state is declared unilaterally, the International Red Cross and Red environmental factors that may be re- and for other purposes. Crescent Movement should recognize lated to the etiology of breast cancer. At the request of Mr. JOHNSON, his and admit to full membership Israel’s S. 2394 name was added as a cosponsor of S. Magen David Adom Society with its At the request of Mr. MOYNIHAN, the 2938, supra. emblem, the Red Shield of David. name of the Senator from Indiana (Mr. S. 3007 S. RES. 359 CHUMER LUGAR) was added as a cosponsor of S. At the request of Mrs. FEINSTEIN, the At the request of Mr. S , the 2394, a bill to amend title XVIII of the name of the Senator from Arkansas names of the Senator from Montana AUCUS Social Security Act to stabilize indi- (Mrs. LINCOLN) was added as a cospon- (Mr. B ), the Senator from Rhode rect graduate medical education pay- sor of S. 3007, a bill to provide for Island (Mr. L. CHAFEE), the Senator ments. measures in response to a unilateral from North Dakota (Mr. CONRAD), the S. 2434 declaration of the existence of a Pales- Senator from Maryland (Mr. At the request of Mr. L. CHAFEE, the tinian state. SARBANES), and the Senator from Lou- name of the Senator from Montana isiana (Ms. LANDRIEU) were added as S. 3009 (Mr. BAUCUS) was added as a cosponsor cosponsors of S. Res. 359, a resolution At the request of Mr. HUTCHINSON, of S. 2434, a bill to provide that designating October 16, 2000, to October the name of the Senator from New amounts allotted to a State under sec- 20, 2000 as ‘‘National Teach For Amer- Mexico (Mr. BINGAMAN) was added as a tion 2401 of the Social Security Act for ica Week.’’ cosponsor of S. 3009, a bill to provide each of fiscal years 1998 and 1999 shall funds to the National Center for Rural f remain available through fiscal year SENATE CONCURRENT RESOLU- 2002. Law Enforcement. S. 3020 TION 139—AUTHORIZING THE USE S. 2450 OF THE CAPITOL GROUNDS FOR At the request of Mr. HUTCHINSON, At the request of Mr. GRAMS, the THE DEDICATION OF THE JAPA- the name of the Senator from Michigan names of the Senator from Washington NESE-AMERICAN MEMORIAL TO (Mr. ABRAHAM) was added as a cospon- (Mr. GORTON) and the Senator from PATRIOTISM sor of S. 2450, a bill to terminate the Vermont (Mr. LEAHY) were added as co- Internal Revenue Code of 1986. sponsors of S. 3020, a bill to require the Mr. INOUYE submitted the following S. 2601 Federal Communications Commission concurrent resolution; which was con- At the request of Mr. ASHCROFT, the to revise its regulations authorizing sidered and agreed to: name of the Senator from Georgia (Mr. the operation of new, low-power FM S. CON. RES. 139 MILLER) was added as a cosponsor of S. radio stations. Resolved by the Senate (the House of Rep- 2601, a bill to amend the Internal Rev- S. 3049 resentatives concurring), enue Code of 1986 to exclude from the At the request of Mr. FITZGERALD, SECTION 1. DEFINITIONS. gross income of an employee any em- the names of the Senator from Georgia In this Resolution: (1) EVENT.—The term ‘‘event’’ means the ployer provided home computer and (Mr. MILLER) and the Senator from Ar- dedication of the National Japanese-Amer- Internet access. kansas (Mr. HUTCHINSON) were added as ican Memorial to Patriotism. S. 2787 cosponsors of S. 3049, a bill to increase (2) SPONSOR.—The term ‘‘sponsor’’ means At the request of Mr. BIDEN, the the maximum amount of marketing the National Japanese-American Memorial names of the Senator from Mississippi loan gains and loan deficiency pay- Foundation.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9479 SEC. 2. AUTHORIZATION OF EVENT TO CELE- Los Angeles, California, en route to Latin four National League batting crowns, the BRATE THE DEDICATION OF THE NA- America and Africa on August 13, 2000; 1966 National League Most Valuable Player TIONAL JAPANESE-AMERICAN ME- Whereas the meeting with President Chen award, and ended his career with a .317 life- MORIAL. did not take place because of pressure from time average, 240 homers, and 1,305 runs bat- The National Japanese-American Memo- Washington and Beijing; ted in; rial Foundation may sponsor the dedication Whereas Congress thereby lost the oppor- Whereas on September 30, 1972, Roberto of the National Japanese-American Memo- tunity to communicate directly with Presi- Clemente became the 11th Major League rial to Patriotism on the Capitol grounds on dent Chen about developments in the Asia- Baseball player to record 3,000 hits with a 4th November 9, 2000, or on such other date as Pacific region and key elements of the rela- inning double off of New York Mets left the Speaker of the House of Representatives tionship between the United States and Tai- hander Jon Matlack; and the Committee on Rules and Adminis- wan when he visited Los Angeles; Whereas Roberto Clemente was one of the tration of the Senate may jointly designate. Whereas there could not be a more impor- first Latin American baseball players in the SEC. 3. TERMS AND CONDITIONS. tant time to find opportunities to talk to Major Leagues, and as such he faced lan- (a) IN GENERAL.—The event shall be open Taiwan’s new leaders given the enormous guage barriers and racial segregation to the public, free of admission charge, and economic, security, and political interests throughout his career; arranged so as not to interfere with the we share with both Taiwan and the People’s Whereas Roberto Clemente worked tire- needs of Congress, under conditions to be Republic of China, as well as the results of lessly to improve professional baseball’s un- prescribed by the Architect of the Capitol the recent election in Taiwan which provided derstanding of the unique challenges faced and the Capitol Police Board. for the first party leadership change in Tai- by young Latin American baseball players (b) EXPENSES AND LIABILITIES.—The spon- wan’s history; thrust into a new culture and language; sor shall assume full responsibility for all Whereas Congress must continue to play Whereas in August of 1973, Roberto expenses and liabilities incident to all activi- an independent oversight role on United Clemente became just the second player to ties associated with the event. States policy toward Taiwan, and try to find have the mandatory five-year waiting period waived as he was inducted posthumously SEC. 4. STRUCTURES AND EQUIPMENT. ways to reduce the threat of war between Taiwan and the People’s Republic of China, into the National Baseball Hall of Fame; (a) STRUCTURES AND EQUIPMENT.— Whereas in 1984, Roberto Clemente became and in particular, to counteract China’s (1) IN GENERAL.—Subject to the approval of the second baseball player to be honored for the Architect of the Capitol, beginning on buildup of missiles pointed at Taiwan; Whereas the United States continues to his athletic and philanthropic achievements November 8, 2000, the sponsor may erect or with an appearance on a United States post- place and keep on the Capitol grounds, until cling to its policy of more than 20 years, which prohibits high-ranking Taiwan leaders age stamp; not later than 8:00 p.m. on Saturday, Novem- Whereas Roberto Clemente devoted himself from making official visits to the United ber 11, 2000, such stage, sound amplification to improving the lives of inner city youth in States, forcing Members of Congress to devices, and other related structures and Puerto Rico and throughout the United choose whether to rely solely upon indirect equipment as are required for the event. States, putting into action his belief that assessments provided by the administration (b) ADDITIONAL ARRANGEMENTS.—The Ar- sport could be a stepping stone to a better or to travel to Taiwan to obtain this infor- chitect of the Capitol and the Capitol Police life for underprivileged youth; Board may make any such additional ar- mation firsthand, and denying Taiwan’s Whereas Roberto Clemente tragically died rangements as are appropriate to carry out democratically elected officials the respect in an airplane crash on December 31, 1972 as the event. they deserve; he accompanied relief supplies to Nicaragua SEC. 5. ENFORCEMENT OF RESTRICTIONS. Whereas by bestowing upon President Chen to aid the victims of the devastating 1972 The Capitol Police Board shall provide for the respect his office deserves, the United Managua earthquake; enforcement of the restrictions contained in States would have demonstrated to the peo- Whereas Roberto Clement’s humanitarian section 4 of the Act of July 31, 1946 (40 U.S.C. ple of both Taiwan and the People’s Republic legacy continues to this day, embodied by 193d; 60 Stat. 718), concerning sales, adver- of China United States support for democ- the Roberto Clemente Sports City in Puerto tisements, displays, and solicitations on the racy; and Rico, which creates an environment for the Capitol grounds, as well as other restrictions Whereas the Immigration and Nationality development of the human spirit though applicable to the Capitol grounds, with re- Technical Corrections Act of 1994 (Public sport, and promotes community, education, spect to the event. Law 103–416) provides that the President of and awareness of human rights: Now, there- Taiwan shall be welcome in the United f fore, be it States at any time to discuss a host of im- Resolved, That it is the sense of the Senate SENATE CONCURRENT RESOLU- portant issues: Now, therefore, be it that— TION 140—EXPRESSING THE Resolved by the Senate (the House of Rep- (1) Roberto Clemente was a great humani- SENSE OF CONGRESS REGARD- resentatives concurring), That it is the sense tarian and an athlete of unfathomable skill; of Congress that— (2) Roberto Clemente should be honored for ING HIGH-LEVEL VISITS BY TAI- (1) it is in the interest of Congress and the WANESE OFFICIALS TO THE his contributions to the betterment of soci- executive branch of the United States to ety; and, UNITED STATES communicate directly with elected and ap- (3) all Americans should honor Roberto Mr. LOTT (for himself, Mr. HELMS, pointed top officials of Taiwan, including its Clemente’s legacy every day through human- democratically elected president; and Mr. MURKOWSKI, Mr. KYL, Mrs. itarian and philanthropic efforts toward (2) the United States should end restric- their fellow man. HUTCHISON, Mr. SMITH of New Hamp- tions on high-level visits by officials of Tai- shire, Mr. BENNETT, and Mr. HUTCH- wan to the United States. Mr. SANTORUM. Mr. President, as the last baseball games are about to be INSON); submitted the following concur- f rent resolution; which was referred to played in Pittsburgh’s Three Rivers the Committee on Foreign Affairs: SENATE RESOLUTION 362—RECOG- Stadium, a stadium referred to as the S. CON. RES. 140 NIZING AND HONORING ROBERTO ‘‘House that Clemente Build,’’ I am re- CLEMENTE AS A GREAT HUMAN- Whereas Taiwan is the seventh largest minded of Roberto Clemente, one of trading partner of the United States and ITARIAN AND AN ATHLETE OF the greatest athletes and humani- plays an important role in the economy of UNFANTHOMABLE SKILL tarians of all time. Every baseball fan the Asia-Pacific region; Mr. SANTORUM (for himself and Mr. can recite Roberto’s achievements dur- Whereas Taiwan routinely holds free and SPECTER) submitted the following reso- ing his professional career as a Pitts- fair elections in a multiparty system, as evi- lution; which was referred to the Com- burgh Pirate—from hitting a remark- denced most recently by Taiwan’s second able .317 over 18 seasons and collecting democratic presidential election of March 18, mittee on the Judiciary: 2000, in which Mr. Chen Shui-bian was elect- S. RES. 362 3,000 hits, to his 12 Gold Glove awards ed as president of the 23,000,000 people of Tai- Whereas Roberto Clemente’s athletic leg- and 12 National League All Star Game wan; acy has been honored by the City of Pitts- appearances. However, it was his phil- Whereas Members of Congress, unlike exec- burgh with a 14 foot bronze statue and the anthropic gestures which truly rep- utive branch officials, have long had the naming of a bridge over the Allegheny River resent Roberto Clemente’s invaluable freedom to meet with leaders of governments located just outside the centerfield gate of legacy. with which the United States does not have the new baseball stadium in Pittsburgh; As many people know, Roberto formal relations—meetings which provide a Whereas Roberto Clemente led the Pitts- Clemente died tragically on December vital opportunity to discuss issues of mutual burgh Pirates to World Championship titles 31, 1972, after he and four others concern that directly affect United States in 1960 and 1971, winning the Series Most Val- national interests; uable Player Award in 1971 when he batted boarded a small DC–7 to deliver food, Whereas several Members of Congress ex- .414 with two home runs against Baltimore; clothing and medicine to Nicaragua, to pressed interest in meeting with President Whereas during his 18 year career with the aid victims of a devastating earth- Chen Shui-bian during his 16-hour layover in Pittsburgh Pirates, Roberto Clemente won quake. The four-engine plane, with a

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9480 CONGRESSIONAL RECORD — SENATE September 28, 2000 questionable past and an overload of As eloquently stated by Bowie Kuhn AMENDMENTS SUBMITTED— cargo, crashed into the Atlantic Ocean, in his 1973 eulogy to Clemente, ‘‘he SEPTEMBER 27, 2000 killing all aboard. What is not well made the world ‘superstar’ seem inad- known is that, upon hearing rumors equate. He had about him the touch of that Nicaraguan government officials royalty.’’ With all of this in mind, Mr. PROFESSIONAL STANDARDS FOR were delaying the delivery of relief President, I ask my colleagues to sup- GOVERNMENT ATTORNEYS ACT supplies, Roberto Clemente left his port the resolution I am offering with OF 1999 New Year’s celebration with family and Senator SPECTER which urges our fel- friends to travel to Nicaragua in order low Americans to honor Roberto to personally oversee the delivery of Clemente’s legacy every day through LEAHY AMENDMENT NO. 4218 the Puerto Rican relief supplies to the humanitarian and philanthropic efforts (Ordered referred to the Committee individuals devastated by the Managua towards their fellow man. on the Judiciary) earthquake. On that fateful New Year’s Mr. President, I ask unanimous con- Mr. LEAHY submitted an amend- Eve night in 1972, the world lost not sent that the resolution be printed in ment intended to be proposed by him just a great athlete, arguably the the RECORD, immediately following my to the bill (S. 855) to clarify the appli- greatest in the history of the Pitts- statement. cable standards of professional conduct burgh Pirates, but a humanitarian, a f for attorneys for the Government, and cultural icon, and a hero. other purposes; as follows: Mr. President, over the years, Ro- SENATE RESOLUTION 363—COM- MENDING THE LATE ERNEST Strike all after the enacting clause and in- berto Clemente’s dedication to his fel- sert the following: BURGESS, M.D., FOR HIS SERV- low man became legendary. As one of SECTION. 1. SHORT TITLE. the first Latin America baseball play- ICE TO THE NATION AND THE This Act may be cited as the ‘‘Professional ers in the Major Leagues, Roberto INTERNATIONAL COMMUNITY, Standards for Government Attorneys Act of Clemente faced language barriers and AND EXPRESSING THE CONDO- 2000’’. racial segregation throughout his ca- LENCES OF THE SENATE TO HIS SEC. 2. PROFESSIONAL STANDARDS FOR GOV- reer. He worked tirelessly to improve FAMILY ON HIS DEATH ERNMENT ATTORNEYS. professional baseball’s understanding Mr. KERREY submitted the fol- Section 530B of title 28, United States Code, is amended to read as follows: of the unique challenges faced by lowing resolution; which was consid- ‘‘SEC. 530B. PROFESSIONAL STANDARDS FOR young Latin American ballplayers ered and agreed to: GOVERNMENT ATTORNEYS. thrust into a new culture and language S. RES. 363 ‘‘(a) DEFINITION.—In this section, the term as they start their baseball careers. Whereas Dr. Ernest Burgess practiced med- ‘Government attorney’— However, his concern for is fellow icine for over 50 years; (1) means the Attorney General; the Dep- man did not stop at the foul lines. Whereas Dr. Burgess was a pioneer in the uty Attorney General; the Solicitor General; throughout his career, Roberto field of prosthetic medicine, spearheading the Assistant Attorneys General for, and any Clemente expressed his concern for the groundbreaking advances in hip replacement attorney employed in, the Antitrust Divi- troubled lives faced by urban youth surgery and new techniques in amputation sion, Civil Division, Civil Rights Division, both in the United States and Puerto surgery; Criminal Division, Environment and Natural Rico. In a 1966 interview with Myron Whereas in 1964, recognizing his work in Resources Division, and Tax Division; the Chief Counsel for the Drug Enforcement Ad- Cope for ‘‘Sports Illustrated,’’ Roberto prosthetic medicine, the United States Vet- erans’ Administration chose Dr. Burgess to ministration and any attorney employed in Clemente discussed his desire to help establish the Prosthetic Research Study, a the DEA Office of Chief Counsel; the General youth by stoking their interest in leading center for postoperative amputee Counsel of the Federal Bureau of Investiga- sports. Roberto Clemente believed that treatment; tion and any attorney employed in the FBI sports could bring families together in Whereas Dr. Burgess was the recipient of Office of General Counsel; any attorney eman athletic setting while providing a the 1985 United States Veterans’ Administra- ployed in, or head of, any other legal office stage for youngsters to excel. In what tion Olin E. League Award and honored as in a Department of Justice agency; any would be the final months of his life, the United States Veterans’ Administration United States Attorney; any Assistant Roberto Clemente conducted a series of Distinguished Physician; United States Attorney; any Special Assist- ant to the Attorney General or Special At- baseball clinics for Puerto Rican youth Whereas Dr. Burgess’ work on behalf of disabled veterans has allowed thousands of vet- torney appointed under section 515; any Spe- in addition to fundraising efforts for a erans to lead full and healthy lives; cial Assistant United States Attorney ap- large sports facility dedicated to the Whereas Dr. Burgess was internationally pointed under section 543 who is authorized youth of the world. recognized for his humanitarian work; to conduct criminal or civil law enforcement Mr. President, Robert Clemente’s hu- Whereas Dr. Burgess established the Pros- investigations or proceedings on behalf of manitarian legacy continues to this thetics Outreach Foundation, which since the United States; any other attorney em- day with the Roberto Clemente Sports 1988, has enabled over 10,000 children and ployed by the Department of Justice who is City in Puerto Rico. Established March adults in the developing world to receive authorized to conduct criminal or civil law 18, 1973, when the Commonwealth of quality prostheses; enforcement proceedings on behalf of the Puerto Rico’s government granted 304 Whereas Dr. Burgess’ lifelong commitment United States; any independent counsel, or employee of such counsel, appointed under acres of land for development, the Ro- to humanitarian causes led him to establish a demonstration clinic in Vietnam to pro- chapter 40; and any outside special counsel, berto Clemente Sports City commemo- vide free limbs to thousands of amputees; or employee of such counsel, as may be duly rates Roberto Clemente’s commitment Whereas Dr. Burgess received numerous appointed by the Attorney General; and of a better life for children through professional and educational distinctions (2) does not include any attorney employed sports, education and community serv- recognizing his efforts on behalf of those in as an investigator or other law enforcement ice by creating an environment for the need of care; agent by the Department of Justice who is development of the human spirit Whereas Dr. Burgess’ exceptional service not authorized to represent the United through sports, involving community, and his unfailing dedication to improving States in criminal or civil law enforcement education and human rights. This the lives of thousands of individuals merit litigation or to supervise such proceedings. high esteem and admiration; and ‘‘(b) CHOICE OF LAW.—Subject to any uni- sports facility provides high quality Whereas the Senate learned with sorrow of form national rule prescribed by the Su- recreational and sports facilities for the death of Dr. Burgess on September 26, preme Court under chapter 131, the standards children, youth and the general public 2000: Now, therefore, be it of professional responsibility that apply to a such as: baseball, volleyball, basket- Resolved, That the Senate— Government attorney with respect to the at- ball, tennis, swimming, track and field, (1) extends its deepest condolences to the torney’s work for the Government shall be— batting cages, a golf range, tae kwon- family of Ernest Burgess, M.D.; ‘‘(1) for conduct in connection with a pro- do, camping and social and cultural ac- (2) commends and expresses its gratitude ceeding in or before a court, the standards of tivities. The Roberto Clemente Sports to Ernest Burgess, M.D. and his family for a professional responsibility established by the life devoted to providing care and service to rules and decisions of that court; City provides Puerto Rico with learn- his fellow man; and ‘‘(2) for conduct in connection with a grand ing and training facilities, to include (3) directs the Secretary of the Senate to jury proceeding, the standards of profes- tutoring, mentoring and professional communicate this resolution to the House of sional responsibility established by the rules development programs in sports and Representatives and transmit an enrolled and decisions of the court under whose au- life. copy thereof to the family of the deceased. thority the grand jury was impanelled; and

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9481 ‘‘(3) for all other conduct, the standards of by existing standards of professional respon- shall use an independently developed random professional responsibility established by the sibility; and sample of employers that have petitioned rules and decisions of the Federal district (B) recommendations with respect to the INS for H–1B visas. The Secretary is au- court for the judicial district in which the amending the Federal Rules of Practice and thorized to pursue appropriate penalties attorney principally performs his official du- Procedure to provide for additional rules where appropriate. ties. governing attorney conduct to address any (2) REPORT.—Beginning 2 years after the ‘‘(c) DISCIPLINARY AUTHORITY.— areas of actual or potential conflict identi- date of enactment of this Act, and biennially ‘‘(1) IN GENERAL.—With respect to conduct fied pursuant to the review under subpara- thereafter, the Secretary of Labor shall sub- that is governed by the standards of profes- graph (A). mit a report to Congress containing the find- sional responsibility of a Federal court pur- (3) REPORT CONSIDERATIONS.—In carrying ings of the survey conducted during the pre- suant to subsection (b)— out paragraphs (1) and (2), the Judicial Con- ceding 2-year period. ‘‘(A) a Government attorney is not subject ference of the United States shall take into to the disciplinary authority of any discipli- consideration— AMENDMENT NO. 4221 nary body other than a Federal court or the (A) the needs and circumstances of At the appropriate place, add the fol- Department of Justice’s Office of Profes- multiforum and multijurisdictional litiga- lowing: sional Responsibility unless the attorney is tion; USE OF FEES FOR DUTIES RELATING TO PETI- referred by a Federal court; (B) the special needs and interests of the TIONS. ‘‘(B) a Federal court shall not refer a Gov- United States in investigating and pros- Section 286(s)(5) of the Immigration and ernment attorney to any disciplinary body ecuting violations of Federal criminal and Nationality Act (8 U.S.C. (s)(5) is amended to except upon finding reasonable grounds to civil law; and read as follows:—4 percent of the amounts believe that the attorney may have violated (C) practices that are approved under Fed- deposited into the H–1B Nonimmigrant Peti- the applicable standards of professional re- eral statutory or case law or that are other- tioner Account shall remain available to the sponsibility; and wise consistent with traditional Federal law Attorney General until expended to carry ‘‘(C) in any exercise of disciplinary author- enforcement techniques. out duties under paragraphs (1) and (9) of section 214(c) related to petitions made for ity by any disciplinary body under this sub- nonimmigrants describes in section section— AMERICAN COMPETITIVENESS IN 101(a)(15)(H)(i)(b), under paragraph (1)(c) or ‘‘(i) the standards of professional responsi- THE TWENTY-FIRST CENTURY (D) of section 204 related to petitions for im- bility to be applied shall be the standards ap- ACT OF 2000 migrants described in section 203(b), and plicable pursuant to subsection (b); and under section 212(n)(5). ‘‘(ii) the disciplinary body shall, whenever Notwithstanding any other provision of possible, seek to promote Federal uniformity this Act, the figure on page 11, line 2 is in the application of such standards. KENNEDY AMENDMENTS NOS. 4219– 4223 deemed to be ‘‘22 percent’’; the figure on ‘‘(2) RULE OF CONSTRUCTION.—Nothing in page 12, line 25 deemed to be ‘‘4 percent’’; and this subsection shall be construed to abridge, (Ordered to lie on the table.) the figure on page 13 line 2 is deemed to be enlarge, or modify the disciplinary authority Mr. KENNEDY submitted five ‘‘2 percent’’. of the Federal courts or the Office of Profes- amendments intended to be proposed sional Responsibility of the Department of by him to the bill (S. 2045) amending AMENDMENT NO. 4222 Justice. At the appropriate place, add the fol- ‘‘(d) LICENSURE.—A Government attorney the Immigration and Nationality Act with respect to H–1B nonimmigrant lowing: (except foreign counsel employed in special PARTNERSHIP CONSIDERATIONS. cases)— aliens. Consideration in the awarding of grants (1) shall be duly licensed and authorized to AMENDMENT NO. 4219 shall be given to any partnership that in- practice as an attorney under the laws of a At the appropriate place, add the fol- volves a labor-management partnership, vol- State; and lowing: untarily agreed to by labor and manage- (2) shall not be required to be a member of ment, with the ability to devise and imple- the bar of any particular State. RECRUITMENT FROM UNDERREPRESENTED MI- NORITY GROUPS. ment a strategy for assessing the employ- ULEMAKING AUTHORITY.—The Attor- ‘‘(e) R Section 212(n)(1) of the Immigration and ment and training needs of United States ney General shall make and amend rules of Nationality Act (8 U.S.C. 1182(n)(1)), as workers and obtaining services to meet such the Department of Justice to assure compli- amended by section 202, is further amended needs. ance with this section.’’. by inserting after subparagraph (H) the fol- (b) TECHNICAL AND CONFORMING AMEND- lowing: AMENDMENT NO. 4223 MENT.—The analysis for chapter 31 of title 28, ‘‘(I) The employer certifies that the em- At the appropriate place, add the fol- United States Code, is amended, in the item ployer— lowing: relating to section 530B, by striking ‘‘Ethical ‘‘(i) is taking steps to recruit qualified IMPOSITION OF FEES. standards for attorneys for the Government’’ United States workers who are members of Section 214(c)(9)(A) of the Immigration and and inserting ‘‘Professional standards for underrepresented minority groups, includ- Nationality Act (8 U.S.C. 1184(c)(9)(A) is Government attorneys’’. ing— amended by striking ‘‘(excluding’’ and all (c) REPORTS.— ‘‘(I) recruiting at a wide geographical dis- that follows through ‘‘2001)’’ and inserting (1) UNIFORM RULE.—In order to encourage tribution of institutions of higher education, ‘‘(excluding any employer any that is a pri- the Supreme Court to prescribe, under chap- including historically black colleges and uni- mary or secondary education institution, an ter 131 of title 28, United States Code, a universities, other minority institutions, com- institution of the higher education, as de- form national rule for Government attorneys munity colleges, and vocational and tech- fined in section 101(a) of the Higher Edu- with respect to communications with rep- nical colleges; and cation Act Of 1965 (20 U.S.C. 1001(a)), a non- resented persons and parties, not later than ‘‘(II) advertising of jobs to publications profit entity which engages in established 1 year after the date of enactment of this reaching underrepresented groups of United curriculum-related clinical training of stu- Act, the Judicial Conference of the United States workers, including workers older than dents registered at any such institution, a States shall submit to the Chief Justice of 35, minority groups, non-English speakers, nonprofit research organization, or a govern- the United States a report, which shall in- and disabled veterans, and mental research organization) filing’’. clude recommendations with respect to ‘‘(ii) will submit to the Secretary of Labor amending the Federal Rules of Practice and at the end of each fiscal year in which the KENNEDY (AND OTHERS) Procedure to provide for such a uniform na- employer employs an H–1B worker a report AMENDMENT NO. 4224 tional rule. that describes the steps so taken. (2) ACTUAL OR POTENTIAL CONFLICTS.—Not (Ordered to lie on the table.) For purposes of this subparagraph, the term later than 2 years after the date of enact- Mr. KENNEDY (for himself, Mr. ‘minority’ includes individuals who are Afri- ment of this Act, the Judicial Conference of REID, Mr. DURBIN, Mr. REED, Mr. GRA- can-American, Hispanic, Asian, and the United States shall submit to the Chair- women.’’. HAM, Mr. LEAHY, Mr. WELLSTONE, and men and Ranking Members of the Commit- Mr. DASCHLE) submitted an amendment tees on the Judiciary of the House of Rep- AMENDMENT NO. 4220 intended to be proposed by them to the resentatives and the Senate a report, which bill, S. 2045, supra; as follows: shall include— At the appropriate place, add the fol- (A) a review of any areas of actual or po- lowing: At the appropriate place, insert the fol- tential conflict between specific Federal du- DEPARTMENT OF LABOR SURVEY; REPORT. lowing: ties related to the investigation and prosecu- (1) SURVEY.—The Secretary of Labor shall TITLE ll—LATINO AND IMMIGRANT tion of violations of Federal law and the reg- conduct an ongoing survey of the level of FAIRNESS ACT OF 2000 ulation of Government attorneys (as that compliance by employers with the provisions SEC. ll01. SHORT TITLE. term is defined in section 530B of title 28, and requirements of the H–1B visa program. This title may be cited as the ‘‘Latino and United States Code, as amended by this Act) In conducting this survey, the Secretary Immigrant Fairness Act of 2000’’.

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Subtitle A—Central American and Haitian (C) by inserting after paragraph (1) the fol- ‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND Parity lowing: CHILDREN FOR ISSUANCE OF IMMIGRANT SEC. ll11. SHORT TITLE. ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI- VISAS.— This subtitle may be cited as the ‘‘Central SIONS.—In determining the eligibility of an ‘‘(A) IN GENERAL.—In accordance with reg- American and Haitian Parity Act of 2000’’. alien described in subsection (b) or (d) for ei- ulations to be promulgated by the Attorney SEC. ll12. ADJUSTMENT OF STATUS FOR CER- ther adjustment of status under this section General and the Secretary of State, upon ap- TAIN NATIONALS FROM EL SAL- or other relief necessary to establish eligi- proval of an application for adjustment of VADOR, GUATEMALA, HONDURAS, bility for such adjustment, the provisions of status to that of an alien lawfully admitted AND HAITI. section 241(a)(5) of the Immigration and Na- for permanent residence under subsection Section 202 of the Nicaraguan Adjustment tionality Act shall not apply. In addition, an (a), an alien who is the spouse or child of the and Central American Relief Act is amend- alien who would otherwise be inadmissible alien being granted such status may be ed— pursuant to section 212(a)(9) (A) or (C) of issued a visa for admission to the United (1) in the section heading, by striking such Act may apply for the Attorney Gen- States as an immigrant following to join the ‘‘NICARAGUANS AND CUBANS’’ and inserting eral’s consent to reapply for admission with- principal applicant, if the spouse or child— ‘‘NICARAGUANS, CUBANS, SALVADORANS, GUA- out regard to the requirement that the con- ‘‘(i) meets the requirements in paragraphs TEMALANS, HONDURANS, AND HAITIANS’’; sent be granted prior to the date of the (1)(B) and (1)(D); and (2) in subsection (a)(1)(A), by striking alien’s reembarkation at a place outside the ‘‘(ii) applies for such a visa within a time ‘‘2000’’ and inserting ‘‘2003’’; United States or attempt to be admitted period to be established by such regulations. (3) in subsection (b)(1), by striking ‘‘Nica- from foreign contiguous territory, in order ‘‘(B) RETENTION OF FEES FOR PROCESSING ragua or Cuba’’ and inserting ‘‘Nicaragua, to qualify for the exception to those grounds APPLICATIONS.—The Secretary of State may Cuba, El Salvador, Guatemala, Honduras, or of inadmissibility set forth in section retain fees to recover the cost of immigrant Haiti’’; and 212(a)(9) (A)(iii) and (C)(ii) of such Act.’’; and visa application processing and issuance for (4) in subsection (d)— (D) by amending paragraph (3) (as redesig- certain spouses and children of aliens whose (A) in subparagraph (A), by striking ‘‘Nica- nated by subparagraph (B)) to read as fol- applications for adjustment of status under ragua or Cuba’’ and inserting ‘‘Nicaragua, lows: subsection (a) have been approved. Such Cuba, El Salvador, Guatamala, Honduras, or ‘‘(3) RELATIONSHIP OF APPLICATION TO CER- fees— Haiti; and TAIN ORDERS.—An alien present in the United ‘‘(i) shall be deposited as an offsetting col- (B) in subparagraph (E), by striking ‘‘2000’’ States who has been ordered excluded, de- lection to any Department of State appro- and inserting ‘‘2003’’. ported, or removed, or ordered to depart vol- priation to recover the cost of such proc- SEC. ll13. APPLICATIONS PENDING UNDER untarily from the United States under any essing and issuance; and AMENDMENTS MADE BY SECTION provision of the Immigration and Nation- ‘‘(ii) shall be available until expended for 203 OF THE NICARAGUAN ADJUST- ality Act may, notwithstanding such order, the same purposes of such appropriation to MENT AND CENTRAL AMERICAN RE- apply for adjustment of status under para- support consular activities.’’; LIEF ACT. (5) in subsection (g), by inserting ‘‘, or an An application for relief properly filed by a graph (1). Such an alien may not be required, immigrant classification,’’ after ‘‘for perma- national of Guatemala or El Salvador under as a condition of submitting or granting nent residence’’; and the amendments made by section 203 of the such application, to file a separate motion to (6) by adding at the end the following new Nicaraguan Adjustment and Central Amer- reopen, reconsider, or vacate such order. Such an alien may be required to seek a stay subsection: ican Relief Act which was filed on or before ‘‘(i) STATUTORY CONSTRUCTION.—Nothing in the date of enactment of this Act, and on of such an order in accordance with subsection (c) to prevent the execution of that this section authorizes any alien to apply for which a final administrative determination admission to, be admitted to, be paroled has not been made, shall, at the election of order pending the adjudication of the application for adjustment of status. If the Attor- into, or otherwise lawfully return to the the applicant, be considered to be an applica- United States, to apply for, or to pursue an ney General denies a stay of a final order of tion for adjustment of status under the pro- application for adjustment of status under exclusion, deportation, or removal, or if the visions of section 202 of the Nicaraguan Ad- this section without the express authoriza- Attorney General renders a final administra- justment and Central American Relief Act, tion of the Attorney General.’’. tive determination to deny the application as amended by sections ll12 and ll15 of (b) EFFECTIVE DATE.—The amendments this Act, upon the payment of any fees, and for adjustment of status, the order shall be made by paragraphs (1)(D), (2), and (6) shall in accordance with procedures, that the At- effective and enforceable to the same extent be effective as if included in the enactment torney General shall prescribe by regulation. as if the application had not been made. If of the Nicaraguan and Central American Re- The Attorney General may not refund any the Attorney General grants the application lief Act. The amendments made by para- fees paid in connection with an application for adjustment of status, the Attorney Gen- graphs (1) (A)–(C), (3), (4), and (5) shall take filed by a national of Guatemala or El Sal- eral shall cancel the order.’’; effect on the date of enactment of this Act. vador under the amendments made by sec- (2) in subsection (b)(1), by adding at the SEC. ll16. TECHNICAL AMENDMENTS TO THE tion 203 of that Act. end the following: ‘‘Subsection (a) shall not HAITIAN REFUGEE IMMIGRATION SEC. ll14. APPLICATIONS PENDING UNDER THE apply to an alien lawfully admitted for per- FAIRNESS ACT OF 1998. HAITIAN REFUGEE IMMIGRATION manent residence, unless the alien is apply- (a) IN GENERAL.—Section 902 of the Haitian FAIRNESS ACT OF 1998. ing for relief under that subsection in depor- Refugee Immigration Fairness Act of 1998 is An application for adjustment of status tation or removal proceedings.’’; amended— properly filed by a national of Haiti under (3) in subsection (c)(1), by adding at the (1) in subsection (a)— the Haitian Refugee Immigration Fairness end the following: ‘‘Nothing in this Act re- (A) by inserting before the period at the Act of 1998 which was filed on or before the quires the Attorney General to stay the re- end of paragraph (1)(B) the following: ‘‘, and date of enactment of this Act, and on which moval of an alien who is ineligible for ad- the Attorney General may waive the grounds a final administrative determination has not justment of status under this Act.’’; of inadmissibility specified in section 212(a) been made, may be considered by the Attor- (4) in subsection (d)— (1)(A)(i) and (6)(C) of such Act for humani- ney General to also constitute an application (A) by amending the subsection heading to tarian purposes, to assure family unity, or for adjustment of status under the provisions read as follows: ‘‘SPOUSES, CHILDREN, AND when it is otherwise in the public interest’’; of section 202 of the Nicaraguan Adjustment UNMARRIED SONS AND DAUGHTERS.—’’; (B) by redesignating paragraph (2) as para- and Central American Relief Act, as amend- (B) by amending the heading of paragraph graph (3); ed by sections ll12 and ll15 of this Act. (1) to read as follows: ‘‘ADJUSTMENT OF STA- (C) by inserting after paragraph (1) the fol- SEC. ll15. TECHNICAL AMENDMENTS TO THE TUS.—’’; lowing: NICARAGUAN ADJUSTMENT AND (C) by amending paragraph (1)(A) to read ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI- CENTRAL AMERICAN RELIEF ACT. as follows: SIONS.—In determining the eligibility of an (a) IN GENERAL.—Section 202 of the Nica- ‘‘(A) the alien entered the United States on alien described in subsection (b) or (d) for ei- raguan Adjustment and Central American or before the date of enactment of the Cen- ther adjustment of status under this section Relief Act is amended— tral American and Haitian Parity Act of or other relief necessary to establish eligi- (1) in subsection (a)— 2000;’’; bility for such adjustment, or for permission (A) by inserting before the period at the (D) in paragraph (1)(B), by striking ‘‘except to reapply for admission to the United end of paragraph (1)(B) the following: ‘‘, and that in the case of’’ and inserting the fol- States for the purpose of adjustment of sta- the Attorney General may, in the lowing: ‘‘except that— tus under this section, the provisions of sec- unreviewable discretion of the Attorney Gen- ‘‘(i) in the case of such a spouse, stepchild, tion 241(a)(5) of the Immigration and Nation- eral, waive the grounds of inadmissibility or unmarried stepson or stepdaughter, the ality Act shall not apply. In addition, an specified in section 212(a)(1) (A)(i) and (6)(C) qualifying marriage was entered into before alien who would otherwise be inadmissible of such Act for humanitarian purposes, to as- the date of enactment of the Central Amer- pursuant to section 212(a)(9) (A) or (C) of sure family unity, or when it is otherwise in ican and Haitian Parity Act of 2000; and such Act may apply for the Attorney Gen- the public interest’’; ‘‘(ii) in the case of ’’; and eral’s consent to reapply for admission with- (B) by redesignating paragraph (2) as para- (E) by adding at the end the following new out regard to the requirement that the con- graph (3); paragraph: sent be granted prior to the date of the

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9483 alien’s reembarkation at a place outside the States as an immigrant following to join the Subtitle B—Adjustment of Status of Other United States or attempt to be admitted principal applicant, if the spouse or child— Aliens ‘‘(i) meets the requirements in paragraphs from foreign contiguous territory, in order SEC. ll21. ADJUSTMENT OF STATUS. to qualify for the exception to those grounds (1)(B) and (1)(D); and (a) GENERAL AUTHORITY.—Notwithstanding of inadmissibility set forth in section ‘‘(ii) applies for such a visa within a time any other provision of law, an alien de- 212(a)(9) (A)(iii) and (C)(ii) of such Act.’’; and period to be established by such regulations. scribed in paragraph (1) or (2) of subsection (D) by amending paragraph (3) (as redesig- ‘‘(B) RETENTION OF FEES FOR PROCESSING (b) shall be eligible for adjustment of status nated by subparagraph (B)) to read as fol- APPLICATIONS.—The Secretary of State may by the Attorney General under the same pro- lows: retain fees to recover the cost of immigrant cedures and under the same grounds of eligi- ‘‘(3) RELATIONSHIP OF APPLICATION TO CER- visa application processing and issuance for bility as are applicable to the adjustment of TAIN ORDERS.—An alien present in the United certain spouses and children of aliens whose status of aliens under section 202 of the Nica- States who has been ordered excluded, de- applications for adjustment of status under raguan Adjustment and Central American ported, removed, or ordered to depart volun- subsection (a) have been approved. Such Relief Act. tarily from the United States under any pro- fees— (b) COVERED ALIENS.—An alien referred to vision of the Immigration and Nationality ‘‘(i) shall be deposited as an offsetting col- in subsection (a) is— Act may, notwithstanding such order, apply lection to any Department of State appro- (1) any alien who was a national of the So- for adjustment of status under paragraph (1). priation to recover the cost of such proc- viet Union, Russia, any republic of the Such an alien may not be required, as a con- essing and issuance; and former Soviet Union, Latvia, Estonia, Lith- dition of submitting or granting such appli- ‘‘(ii) shall be available until expended for uania, Poland, Czechoslovakia, Romania, cation, to file a separate motion to reopen, the same purposes of such appropriation to Hungary, Bulgaria, Albania, East Germany, reconsider, or vacate such order. Such an support consular activities.’’; Yugoslavia, any or state of the former Yugo- alien may be required to seek a stay of such (5) in subsection (g), by inserting ‘‘, or an slavia and who has been physically present an order in accordance with subsection (c) to immigrant classification,’’ after ‘‘for perma- in the United States for a continuous period, prevent the execution of that order pending nent residence’’; beginning not later than December 1, 1995, the adjudication of the application for ad- (6) by redesignating subsections (i), (j), and and ending not earlier than the date the ap- justment of status. If the Attorney General (k) as subsections (j), (k), and (l), respec- plication for adjustment under subsection (a) denies a stay of a final order of exclusion, de- tively; and is filed, except an alien shall not be consid- portation, or removal, or if the Attorney (7) by inserting after subsection (h) the fol- ered to have failed to maintain continuous General renders a final administrative deter- lowing new subsection: physical presence by reason of an absence, or mination to deny the application for adjust- ‘‘(i) STATUTORY CONSTRUCTION.—Nothing in absences, from the United States for any pe- ment of status, the order shall be effective this section authorizes any alien to apply for riods in the aggregate not exceeding 180 and enforceable to the same extent as if the admission to, be admitted to, be paroled days; and application had not been made. If the Attor- into, or otherwise lawfully return to the (2) any alien who is a national of Liberia ney General grants the application for ad- United States, to apply for, or to pursue an and who has been physically present in the justment of status, the Attorney General application for adjustment of status under United States for a continuous period, begin- shall cancel the order.’’; this section without the express authoriza- ning not later than December 31, 1996, and (2) in subsection (b)(1), by adding at the tion of the Attorney General.’’. ending not earlier than the date the applica- end the following: ‘‘Subsection (a) shall not tion for adjustment under subsection (a) is apply to an alien lawfully admitted for per- (b) EFFECTIVE DATE.—The amendments filed, except an alien shall not be considered manent residence, unless the alien is apply- made by paragraphs (1)(D), (2), and (6) shall to have failed to maintain continuous phys- ing for such relief under that subsection in be effective as if included in the enactment ical presence by reason of an absence, or ab- deportation or removal proceedings.’’; of the Haitian Refugee Immigration Fairness sences, from the United States for any peri- (3) in subsection (c)(1), by adding at the Act of 1998. The amendments made by para- ods in the aggregate not exceeding 180 days. end the following: ‘‘Nothing in this Act shall graphs (1) (A)–(C), (3), (4), and (5) shall take require the Attorney General to stay the re- effect on the date of enactment of this Act. Subtitle C—Restoration of Section 245(i) moval of an alien who is ineligible for ad- Adjustment of Status Benefits SEC. ll17. MOTIONS TO REOPEN. justment of status under this Act.’’; SEC. ll31. REMOVAL OF CERTAIN LIMITATIONS (4) in subsection (d)— (a) NATIONALS OF HAITI.—Notwithstanding ON ELIGIBILITY FOR ADJUSTMENT (A) by amending the subsection heading to any time and number limitations imposed by OF STATUS UNDER SECTION 245(i). read as follows: ‘‘SPOUSES, CHILDREN, AND law on motions to reopen, a national of Haiti (a) IN GENERAL.—Section 245(i)(1) of the UNMARRIED SONS AND DAUGHTERS.—’’; who, on the date of enactment of this Act, Immigration and Nationality Act (8 U.S.C. (B) by amending the heading of paragraph has a final administrative denial of an appli- 1255(i)(1)) is amended by striking ‘‘(i)(1)’’ (1) to read as follows: ‘‘ADJUSTMENT OF STA- cation for adjustment of status under the through ‘‘The Attorney General’’ and insert- TUS.—’’; Haitian Refugee Immigration Fairness Act ing the following: (C) by amending paragraph (1)(A), to read of 1998, and is made eligible for adjustment ‘‘(i)(1) Notwithstanding the provisions of as follows: of status under that Act by the amendments subsections (a) and (c) of this section, an ‘‘(A) the alien entered the United States on made by this title, may file one motion to alien physically present in the United States or before the date of enactment of the Cen- reopen an exclusion, deportation, or removal who— tral American and Haitian Parity Act of proceeding to have the application reconsid- ‘‘(A) entered the United States without in- 2000;’’; ered. Any such motion shall be filed within spection; or (D) in paragraph (1)(B), by striking ‘‘except 180 days of the date of enactment of this Act. ‘‘(B) is within one of the classes enumer- that in the case of’’ and inserting the fol- The scope of any proceeding reopened on this ated in subsection (c) of this section; lowing: ‘‘except that— basis shall be limited to a determination of may apply to the Attorney General for the ‘‘(i) in the case of such a spouse, stepchild, the alien’s eligibility for adjustment of sta- adjustment of his or her status to that of an or unmarried stepson or stepdaughter, the tus under the Haitian Refugee Immigration alien lawfully admitted for permanent resi- qualifying marriage was entered into before Fairness Act of 1998. dence. The Attorney General’’. the date of enactment of the Central Amer- (b) EFFECTIVE DATE.—The amendment ican and Haitian Parity Act of 2000; and (b) NATIONALS OF CUBA.—Notwithstanding made by subsection (a) shall be effective as if ‘‘(ii) in the case of’’; any time and number limitations imposed by included in the enactment of the Depart- (E) by adding at the end of paragraph (1) law on motions to reopen, a national of Cuba ments of Commerce, Justice, and State, the the following new subparagraph: or Nicaragua who, on the date of enactment Judiciary, and Related Agencies Appropria- ‘‘(E) the alien applies for such adjustment of the Act, has a final administrative denial tions Act, 1998 (Public Law 105–119; 111 Stat. before April 3, 2003.’’; and of an application for adjustment of status 2440). (F) by adding at the end the following new under the Nicaraguan Adjustment and Cen- paragraph: tral American Relief Act, and who is made SEC. ll32. USE OF SECTION 245(i) FEES. ‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND eligible for adjustment of status under that Section 245(i)(3)(B) of the Immigration and CHILDREN FOR ISSUANCE OF IMMIGRANT Act by the amendments made by this title, Nationality Act (8 U.S.C. 1255(i)(3)(B)) is VISAS.— may file one motion to reopen an exclusion, amended to read as follows: ‘‘(A) IN GENERAL.—In accordance with reg- deportation, or removal proceeding to have ‘‘(B) One-half of any remaining portion of ulations to be promulgated by the Attorney the application reconsidered. Any such mo- such fees remitted under such paragraphs General and the Secretary of State, upon ap- tion shall be filed within 180 days of the date shall be deposited by the Attorney General proval of an application for adjustment of of enactment of this Act. The scope of any into the Immigration Examinations Fee Ac- status to that of an alien lawfully admitted proceeding reopened on this basis shall be count established under section 286(m), and for permanent residence under subsection limited to a determination of the alien’s eli- one-half of any remaining portion of such (a), an alien who is the spouse or child of the gibility for adjustment of status under the fees shall be deposited by the Attorney Gen- alien being granted such status may be Nicaraguan Adjustment and Central Amer- eral into the Breached Bond/Detention Fund issued a visa for admission to the United ican Relief Act. established under section 286(r).’’.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9484 CONGRESSIONAL RECORD — SENATE September 28, 2000 Subtitle D—Extension of Registry Benefits KERRY AMENDMENT NO. 4226 Sec. 402. Additional Deduction for Cost of In- SEC. ll41. SHORT TITLE. stallation of Alternative Fuel- (Ordered to lie on the table.) ing Stations. This subtitle may be cited as the ‘‘Date of Mr. KERRY submitted an amend- Registry Act of 2000’’. Sec. 403. Credit for Retail Sale of Clean ment intended to be proposed by him Burning Fuels as Motor Vehicle SEC. ll42. RECORD OF ADMISSION FOR PERMA- to the bill, S. 2045, supra; as follows: NENT RESIDENCE IN THE CASE OF Fuel. CERTAIN ALIENS. At the appropriate place, insert the fol- Sec. 404. Exception to HOV Passenger Re- (a) IN GENERAL.—Section 249 of the Immi- lowing: quirements for Alternative gration and Nationality Act (8 U.S.C. 1259) is SEC. 9. STUDY AND REPORT ON THE ‘‘DIGITAL DI- Fuel Vehicles. amended— VIDE’’. TITLE V—CLEAN COAL TECHNOLOGIES (1) in subsection (a), by striking ‘‘January (a) STUDY.—The Secretary of Commerce Sec. 501. Credit for investment in qualifying 1, 1972’’ and inserting ‘‘January 1, 1986’’; and shall conduct a review of existing public and clean coal technology. (2) by striking ‘‘JANUARY 1, 1972’’ in the private high-tech workforce training pro- Sec. 502. Credit for production from quali- heading and inserting ‘‘JANUARY 1, 1986’’. grams in the United States. fying clean coal technology. (b) EFFECTIVE DATES.— (b) REPORT.—Not later than 18 months Sec. 503. Risk pool for qualifying clean coal (1) GENERAL RULE.—The amendments made after the date of enactment of this Act, the technology. by subsection (a) shall take effect on the Secretary of Commerce shall submit a report TITLE VI—METHANE RECOVERY date of enactment of this Act. to Congress setting forth the findings of the (c) EXTENSION OF DATE OF REGISTRY.— study conducted under subsection (a). Sec. 601. Credit for capture of coalmine (A) PERIOD BEGINNING JANUARY 1, 2002.—Be- methane gas. ginning on January 1, 2002, section 249 of the NATIONAL ENERGY SECURITY ACT TITLE VII—OIL AND GAS PRODUCTION Immigration and Nationality Act (8 U.S.C. OF 2000 Sec. 701. Credit for production of re-refined 1259) is amended by striking ‘‘January 1, lubricating oil. 1986’’ each place it appears and inserting Sec. 702. Oil and gas from marginal wells. ‘‘January 1, 1987’’. BINGAMAN (AND OTHERS) Sec. 703. Deduction for delay rental pay- (B) PERIOD BEGINNING JANUARY 2003.—Begin- AMENDMENT NO. 4227 ments. ning on January 1, 2003, section 249 of such Sec. 704. Election to expense geological and Act is amended by striking ‘‘January 1, 1987’’ (Ordered to lie on the table.) geophysical expenditures. each place it appears and inserting ‘‘January Mr. BINGAMAN (for himself, Mr. TITLE VIII—RENEWABLE POWER GENERATION 1, 1988’’. DASCHLE, Mr. BYRD, Mr. BAUCUS, Mr. Sec. 801. Modifications to credit for elec- (C) PERIOD BEGINNING JANUARY 1, 2004.—Be- LEVIN, Mr. JOHNSON, Mr. ROCKEFELLER, ginning on January 1, 2004, section 249 of tricity produced from renew- Mr. BAYH, and Mr. AKAKA) submitted able resources. such Act is amended by striking ‘‘January 1, an amendment intended to be proposed 1988’’ each place it appears and inserting Sec. 802. Credit for capital costs of qualified ‘‘January 1, 1989’’. by them to the bill (S. 2045) protecting biomass-based generating sys- (D) PERIOD BEGINNING JANUARY 1, 2005.—Be- the energy security of the United tem. ginning on January 1, 2005, section 249 of States and decrease America’s depend- Sec. 803. Treatment of facilities using ba- such Act is amended by striking ‘‘January 1, ency on foreign oil sources to 50 per- gasse to produce energy as solid 1989’’ each place it appears and inserting cent by the year 2010 by enhancing the waste disposal facilities eligible ‘‘January 1, 1990’’. for tax-exempt financing. use of renewable energy resources, con- Sec. 804. Federal renewable portfolio stand- (E) PERIOD BEGINNING JANUARY 1, 2006.—Be- serving energy resources, improving ginning on January 1, 2006, section 249 of ard. such Act is amended by striking ‘‘January 1, energy efficiencies, and increasing do- TITLE IX—STEELMAKING 1990’’ each place it appears and inserting mestic energy supplies, mitigating the Sec. 901. Extension of credit for electricity to ‘‘January 1, 1991.’’ effect of increases in energy prices on production from steel ‘‘RECORD OF ADMISSION FOR PERMANENT RESI- the American consumer, including the congeneration. DENCE IN THE CASE OF CERTAIN ALIENS WHO poor and the elderly, and for other pur- TITLE X—ENERGY EMERGENCIES ENTERED THE UNITED STATES PRIOR TO JULY poses. Sec. 1001. Energy Policy and Conservation 1, 1924 OR JANUARY 1, 1986’’. Strike all after the enacting clause and in- Act Amendments. (3) TABLE OF CONTENTS.—The table of con- sert in lieu thereof the following: Sec. 1002. Energy Conservation Programs for tents of the Immigration and Nationality SECTION 1. SHORT TITLE; AMENDMENT OF 1986 Schools and Hospitals. Act is amended by amending the item relat- CODE; TABLE OF CONTENTS. Sec. 1003. State Energy Programs. ing to section 249 to read as follows: (a) SHORT TITLE.—This Act may be cited as Sec. 1004. Annual Home Heating Readiness. ‘‘Sec. 249. Record of admission for permanent the ‘Energy Security Tax and Policy Act of Sec. 1005. Summer Fill and Fuel Budgeting residence in the case of certain 2000’. Programs. aliens who entered the United (b) AMENDMENT OF 1986 CODE—Except as Sec. 1006. Use of Energy Futures for Fuel States prior to July 1, 1924 or otherwise expressly provided, whenever in Purchases. January 1, 1986.’’. this Act an amendment or repeal is ex- Sec. 1007. Increased Use of Alternative Fuels (c) EFFECTIVE DATE.—THE AMENDMENTS pressed in terms of an amendment to, or re- by Federal Fleets. MADE BY THIS SECTION SHALL TAKE EFFECT ON peal of, a section or other provision, the ref- Sec. 1008. Full Expensing of Home Heating JANUARY 1, 2001, AND THE AMENDMENT MADE BY erence shall be considered to be made to a Oil and Propane Storage Facili- SUBSECTION (A) SHALL APPLY TO APPLICATIONS section or other provision of the Internal ties. Revenue Code of 1986. TO RECORD LAWFUL ADMISSIN FOR PERMANENT TITLE XI—ENERGY EFFICIENCY (c) TABLE OF CONTENTS.—The table of con- RESIDENCE THAT ARE FILED ON OR AFTER JANU- tents for this Act is as follows: Sec. 1101. Energy Savings Performance Con- ARY 1, 2001. Sec. 1. Short title; amendment of 1986 Code; tracts. table of contents. Sec. 1102. Weatherization. CONRAD AMENDMENT NO. 4225 Sec. 1103. Public Benefits System. TITLE I—ENERGY-EFFICIENT PROPERTY USED (Ordered to lie on the table.) Sec. 1104. National Oil Heat Research Alli- IN BUSINESS ance Act. Mr. CONRAD (for himself and Mr. Sec. 101. Incentive for Distributed Genera- TITLE XII—ELECTRICITY BROWNBACK) submitted an amendment tion. intended to be proposed by them to the Sec. 102. Credit for energy-efficient property Sec. 1201. Comprehensive Indian Energy Pro- bill, S. 2045, supra; as follows: used in business, including hy- gram. Sec. 1202. Interconnection. At the appropriate place, add the fol- brid vehicles. lowing: Sec. 103. Energy Efficient Commercial Build- TITLE I—ENERGY-EFFICIENT PROPERTY USED ing Property Deduction. IN BUSINESS SEC. . EXCLUSION OF CERTAIN ‘‘J’’ NON- IMMIGRANTS FROM NUMERICAL TITLE II—NONBUSINESS ENERGY SYSTEMS SEC. 101. INCENTIVE FOR DISTRIBUTED GENERA- LIMITATIONS APPLICABLE TO ‘‘H– Sec. 201. Credit for certain nonbusiness en- TION. 1B’’ NONIMMIGRANTS. ergy systems. (a) IN GENERAL.—Section 168(e)(3)(E) of the The numerical limitations contained in TITLE III—ALTERNATIVE FUELS Internal Revenue Code (classifying certain section 2 of this Act shall not apply to any property as 15-year property) is amended by nonimmigrant alien granted a waiver that is Sec. 301. Allocation of alcohol fuels credit to striking ‘‘and’’ at the end of clause (ii), subject to the limitation contained in para- patrons of a cooperative. striking the period at the end of clause (iii) graph (1)(B) of the first section 214(l) of the TITLE IV—AUTOMOBILES and inserting ‘‘, and’’ and by adding the fol- Immigration and Nationality Act (relating Sec. 401. Extension of credit for qualified lowing new clauses: to restrictions on waivers). electric vehicles. ‘‘(iv) any distributed power property.’’.

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(b) CONFORMING AMENDMENTS.—(1) Section ‘‘(c) ENERGY PROPERTY DEFINED.— ‘‘(3) ENERGY-EFFICIENT BUILDING PROP- 168(i) is amended by adding at the end fol- ‘‘(1) IN GENERAL.—For purposes of this sub- ERTY.— lowing new paragraph: part, the term ‘energy property’ means any ‘‘(A) IN GENERAL.—The term ‘energy-effi- ‘‘(15) DISTRIBUTED POWER PROPERTY.—The property— cient building property’ means— term ‘distributed power property’ means ‘‘(A) which is— ‘‘(i) a fuel cell that— property— ‘‘(i) solar energy property, ‘‘(I) generates electricity and heat using an ‘‘(A) which is used in the generation of ‘‘(ii) geothermal energy property, electrochemical process, electricity for primary use— ‘‘(iii) energy-efficient building property, ‘‘(II) has an electricity-only generation ef- ‘‘(i) in nonresidential real or residential ‘‘(iv) combined heat and power system ficiency greater than 35 percent, and rental property used in the taxpayer’s trade property, ‘‘(III) has a minimum generating capacity ‘‘(v) low core loss distribution transformer or business, or of 5 kilowatts, property, ‘‘(ii) in the taxpayer’s industrial manufac- ‘‘(ii) an electric heat pump hot water heat- ‘‘(vi) qualified anaerobic digester property, turing process of plant activity, with a rated er that yields an energy factor of 1.7 or or greater under standards prescribed by the total capacity in excess of 500 kilowatts, ‘‘(vii) qualified wind energy systems equip- ‘‘(B) which also may produce usable ther- Secretary of Energy, ment property, ‘‘(iii) an electric heat pump that has a mal energy or mechanical power for use in a ‘‘(B)(i) the construction, reconstruction, or heating system performance factor (HSPF) hearing or cooling application, as long as at erection of which is completed by the tax- of 9 or greater and a cooling seasonal energy least 40 percent of the total useful energy payer, or efficiency ratio (SEER) of 13.5 or greater, produced consists of— ‘‘(ii) which is acquired by the taxpayer if ‘‘(iv) a natural gas heat pump that has a ‘‘(i) with respect to assets described in sub- the original use of such property commences coefficient of performance of not less than paragraph (a)(i), electrical power (whether with the taxpayer, 1.25 for heating and not less than 0.60 for sold or used by the taxpayer), or ‘‘(C) which can reasonably be expected to cooling, ‘‘(ii) with respect to assets described in remain in operation for at least 5 years, subparagraph (A)(ii), electrical power ‘‘(D) with respect to which depreciation (or ‘‘(v) a central air conditioner that has a (whether sold or used by the taxpayer) and amortization in lieu of depreciation) is al- cooling seasonal energy efficiency ratio thermal or mechanical energy used in the lowable, and (SEER) of 13.5 or greater, taxpayer’s industrial manufacturing process ‘‘(E) which meets the performance and ‘‘(vi) an advanced natural gas water heater or plant activity, quality standards (if any) which— that— ‘‘(C) which is not used to transport pri- ‘‘(i) have been prescribed by the Secretary ‘‘(I) increases steady state efficiency and mary fuel to the generating facility or to by regulations (after consultation with the reduces standby and vent losses, and distribute energy within or outside of the fa- Secretary of Energy), and ‘‘(II) has an energy factor of at least 0.65, cility, and ‘‘(ii) are in effect at the time of the acqui- ‘‘(vii) an advanced natural gas furnace that ‘‘(D) where it is reasonably expected that sition of the property. achieves a 95 percent AFUE, and not more than 50 percent of the produced ‘‘(2) EXCEPTIONS.— ‘‘(viii) natural gas cooling equipment— electricity will be sold to, or used by, unre- ‘‘(A) PUBLIC UTILITY PROPERTY.—Such term ‘‘(I) that has a coefficient of performance lated persons. shall not include any property which is pub- of not less than .60, or lic utility property (as defined in section ‘‘(II) that uses desiccant technology and For purposes of subparagraph (B), energy has an efficiency rating of 40 percent. output is determined on the basis of expected 46(f)(5) as in effect on the day before the date of the enactment of the Revenue Reconcili- ‘‘(B) LIMITATIONS.—The credit under sub- annual output levels, measured in British section (a)(1) for the taxable year may not thermal units (Btu), using standard conver- ation Act of 1990), except for property described in paragraph (1)(A)(iv). exceed— sion factors established by the Secretary.’’. ‘‘(i) $500 in the case of property described (2) Subparagraph (B) of section 168(g)(3) is ‘‘(B) CERTAIN WIND EQUIPMENT.—Such term shall not include equipment described in in subparagraph (A) other than clauses (i) amended by inserting after the item relating and (iv) thereof, to subparagraph (E)(iii) in the table con- paragraph (1)(A)(vii) which is taken into account for purposes of section 45 for the tax- ‘‘(ii) $500 for each kilowatt of capacity in tained therein the following new line: the case of a fuel cell described in subpara- ‘‘(E)(iv) 22’’. able year. ‘(d) DEFINITIONS RELATING TO TYPES OF EN- graph (A)(i), and (c) EFFECTIVE DATE.—The amendments ERGY PROPERTY.—For purposes of this sec- ‘‘(iii) $1,000 in the case of a natural gas made by this section are effective for prop- heat pump described in subparagraph (A)(iv). erty placed in service on or after December tion— ‘‘(1) SOLAR ENERGY PROPERTY.— ‘‘(4) COMBINED HEAT AND POWER SYSTEM 31, 2000. ‘‘(A) IN GENERAL.—The term ‘solar energy PROPERTY.— SEC. 102. CREDIT FOR CERTAIN ENERGY-EFFI- property’ means equipment which uses solar ‘‘(A) IN GENERAL.—The term ‘combined CIENT PROPERTY USED IN BUSI- energy to generate electricity, to heat or heat and power system property’ means NESS. cool (or provide hot water for use in) a struc- property— (a) IN GENERAL.—Subpart E of part IV of ture, or to provide solar process heat. ‘‘(i) comprising a system for using the subchapter A of chapter 1 (relating to rules ‘‘(B) SWIMMING POOLS, ETC., USED AS STOR- same energy source for the simultaneous or for computing investment credit) is amended AGE MEDIUM.—The term ‘solar energy prop- sequential generation of electrical power, by inserting after section 48 the following: erty’ shall not include property with respect mechanical shaft power, or both, in combina- ‘‘SEC. 48A. ENERGY CREDIT. to which expenditures are properly allocable tion with steam, heat, or other forms of use- ‘‘(a) IN GENERAL.—For purposes of section to a swimming pool, hot tub, or any other ful energy, 46, the energy credit for any taxable year is energy storage medium which has a function ‘‘(ii) that has an electrical capacity of the sum of— other than the function of such storage. more than 50 kilowatts or a mechanical en- ‘‘(1) the amount equal to the energy per- ‘‘(C) SOLAR PANELS.—No solar panel or ergy capacity of more than 67 horsepower or centage of the basis of each energy property other property installed as a roof (or portion an equivalent combination of electrical and placed in service during such taxable year, thereof) shall fail to be treated as solar en- mechanical energy capacities, and and ergy property solely because it constitutes a ‘‘(iii) that produces at least 20 percent of ‘‘(2) the credit amount for each qualified structural component of the structure on its total useful energy in the form of both hybrid vehicle placed in service during the which it is installed. thermal energy and electrical or mechanical taxable year. ‘‘(2) GEOTHERMAL ENERGY PROPERTY.— power. ‘‘(b) ENERGY PERCENTAGE.— ‘‘(A) IN GENERAL.—The term ‘geothermal ‘‘(B) ACCOUNTING RULE FOR PUBLIC UTILITY ‘‘(1) IN GENERAL.—The energy percentage energy property’ means equipment used to PROPERTY.—In the case that combined heat is— produce, distribute, or use energy derived and power system property is public utility ‘‘(A) except as otherwise provided in this from a geothermal deposit (within the mean- property (as defined in section 46(f)(5) as in subparagraph, 10 percent, ing of section 613(e)(2)), but only, in the case effect on the day before the date of the en- ‘‘(B) in the case of energy property de- of electricity generated by geothermal actment of the Revenue Reconciliation Act scribed in clauses (i), (iii), (vi), and (vii) of power, up to (but not including) the elec- of 1990), the taxpayer may only claim the subsection (c)(1)(A), 20 percent, trical transmission stage. credit under subsection (a)(1) if, with respect ‘‘(C) in the case of energy property de- ‘‘(B) HIGH RISK GEOTHERMAL WELL.—The to such property, the taxpayer uses a nor- scribed in subsection (c)(1)(A)(v), 15 percent, term ‘high risk geothermal well’ means a malization method of accounting. and geothermal deposit (within the meaning of ‘‘(5) LOW CORE LOSS DISTRIBUTION TRANS- ‘‘(D) in the case of energy property de- section 613(e)(2)) which requires high risk FORMER PROPERTY.—The term ‘low core loss scribed in subsection (c)(1)(A)(ii) relating to drilling techniques. Such deposit may not be distribution transformer property’ means a a high risk geothermal well, 20 percent. located in a State or national park or in an distribution transformer which has energy ‘‘(2) COORDINATION WITH REHABILITATION.— area in which the relevant State park au- savings from a highly efficient core of at The energy percentage shall not apply to thority or the National Park Service deter- least 20 percent more than the average for that portion of the basis of any property mines the development of such a deposit will power ratings reported by studies required which is attributable to qualified rehabilita- negatively impact on a State or national under section 124 of the Energy Policy Act of tion expenditures. park. 1992.

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‘‘(6) QUALIFIED ANAEROBIC DIGESTER PROP- ‘‘(A) TREASURY.—The Secretary shall pre- ‘qualified timber property’ have the respec- ERTY.—The term ‘qualified anaerobic di- scribe such regulations as may be necessary tive meanings given to such terms by section gester property’ means an anaerobic digester or appropriate to carry out the purposes of 194.’’ for manure or crop waste that achieves at this subsection. (2) Section 39(d) is amended by adding at least 65 percent efficiency measured in terms ‘‘(B) ENVIRONMENTAL PROTECTION AGENCY.— the end the following: of the fraction of energy input converted to The Administrator of the Environmental ‘‘(9) NO CARRYBACK OF ENERGY CREDIT BE- electricity and useful thermal energy. Protection Agency shall prescribe such regu- FORE EFFECTIVE DATE.—No portion of the un- ‘‘(7) QUALIFIED WIND ENERGY SYSTEMS lations as may be necessary or appropriate used business credit for any taxable year EQUIPMENT PROPERTY.—The term ‘qualified to specify the testing and calculation proce- which is attributable to the energy credit de- wind energy systems equipment property’ dures that would be used to determine termined under section 48A may be carried means wind energy systems equipment with whether a vehicle meets the qualifications back to a taxable year ending before the date a turbine size of not more than 50 kilowatts for a credit under this subsection. of the enactment of section 48A.’’ rated capacity. ‘‘(7) TERMINATION.—Paragraph (2) shall not (3) Section 280C is amended by adding at ‘‘(e) QUALIFIED HYBRID VEHICLES.—For pur- apply with respect to any vehicle placed in the end the following: poses of subsection (a)(2).— service during a calendar year ending before ‘‘(d) CREDIT FOR ENERGY PROPERTY EX- ‘‘(1) CREDIT AMOUNT.— January 1, 2003, or after December 31, 2006. PENSES.— ‘‘(A) IN GENERAL.—The credit amount for ‘‘(f) SPECIAL RULES.—For purposes of this ‘‘(1) IN GENERAL.—No deduction shall be al- each qualified hybrid vehicle with a re- section— lowed for that portion of the expenses for en- chargeable energy storage system that pro- ‘‘(1) SPECIAL RULE FOR PROPERTY FINANCED ergy property (as defined in section 48A(c)) vides the applicable percentage of the max- BY SUBSIDIZED ENERGY FINANCING OR INDUS- otherwise allowable as a deduction for the imum available power shall be the amount TRIAL DEVELOPMENT BONDS.— taxable year which is equal to the amount of specified in the following table: ‘‘(A) REDUCTION OF BASIS.—For purposes of the credit determined for such taxable year applying the energy percentage to any prop- under section 48A(a). ‘‘Applicable percentage greater than or equal Less Credit erty, if such property is financed in whole or ‘‘(2) SIMILAR RULE WHERE TAXPAYER CAP- than—(per- in part by— to—(percent) cent) amount is: ITALIZES RATHER THAN DEDUCTS EXPENSES.— ‘‘(i) subsidized energy financing, or ‘‘(A) the amount of the credit allowable for 5 ...... 10 $500 ‘‘(ii) the proceeds of a private activity bond the taxable year under section 48A (deter- 10 ...... 20 1,000 (within the meaning of section 141) the inter- mined without regard to section 38(c)), ex- 20 ...... 30 1,500 30 ...... 2,000 est on which is exempt from tax under sec- ceeds tion 103, the amount taken into account as ‘‘(B) the amount allowable as a deduction ‘‘(B) INCREASE IN CREDIT AMOUNT FOR RE- the basis of such property shall not exceed for the taxable year for expenses for energy GENERATIVE BRAKING SYSTEM.—In the case of the amount which (but for this subpara- property (determined without regard to a qualified hybrid vehicle that actively em- graph) would be so taken into account multi- paragraph (1)), the amount chargeable to ploys a regenerative braking system which plied by the fraction determined under sub- capital account for the taxable year for such supplies to the rechargeable energy storage paragraph (B). expenses shall be reduced by the amount of system the applicable percentage of the en- ‘‘(B) DETERMINATION OF FRACTION.—For such excess. ergy available from braking in atypical 60 purposes of subparagraph (A), the fraction ‘‘(3) CONTROLLED GROUPS.—Paragraph (3) of miles per hour to 0 miles per hour braking determined under this subparagraph is 1 re- subsection (b) shall apply for purposes of this event, the credit amount determined under duced by a fraction— subsection.’’ subparagraph (A) shall be increased by the ‘‘(i) the numerator of which is that portion (4) Section 29(b)(3)(A)(i)(III) is amended by amount specified in the following table: of the basis of the property which is allo- striking ‘‘section 48(a)(4)(C)’’ and inserting cable to such financing or proceeds, and ‘‘section 48A(f)(1)(C)’’. ‘‘(ii) the denominator of which is the basis ‘‘Applicable percentage Greater than or equal Less Credit (5) Section 50(a)(2)(E) is amended by strik- than—(per- amount in- of the property. ing ‘‘section 48(a)(5)’’ and inserting ‘‘section to—(percent) cent) crease is: ‘‘(C) SUBSIDIZED ENERGY FINANCING.—For 48A(f)(2)’’. 20 ...... 40 $250 purposes of subparagraph (A), the term ‘sub- (6) Section 168(e)(3)(B) is amended— 40 ...... 60 500 sidized energy financing’ means financing (A) by striking clause (vi)(I) and inserting 60 ...... 1,000 provided under a Federal, State, or local pro- the following: gram a principal purpose of which is to pro- ‘‘(I) is described in paragraph (1) or (2) of ‘‘(2) QUALIFIED HYBRID VEHICLE.—The term vide subsidized financing for projects de- section 48A(d) (or would be so described if ‘qualified hybrid vehicle means an auto- signed to conserve or produce energy. ‘‘solar and wind’’ were submitted for ‘‘solar’’ mobile that meets all regulatory require- ‘‘(2) CERTAIN PROGRESS EXPENDITURE RULES in paragraph (1)(B)),’’, and ments applicable to gasoline-powered auto- MADE APPLICABLE.—Rules similar to the rules (B) in the last sentence by striking ‘‘sec- mobiles and that can draw propulsion energy of subsections (c)(4) and (d) of section 46 (as tion 48(a)(3)’’ and inserting ‘‘section from both of the following on-board sources in effect on the day before the date of the en- 48A(c)(2)(A)’’. of stored energy: actment of the Revenue Reconciliation Act (c) CLERICAL AMENDMENT.—The table of ‘‘(A) A consumable fuel. of 1990) shall apply for purposes of this sec- sections for subpart E of part IV of sub- ‘‘(B) A rechargeable energy storage sys- tion. chapter A of chapter 1 is amended by strik- tem, provided that the automobile is at least ‘‘(g) APPLICATION OF SECTION.— ing the item relating to section 48 and in- 33% more efficient than the average vehicle ‘‘(1) IN GENERAL.—Except as provided by serting the following: in its vehicle characterization as defined by paragraph (2) and subsection (e), this section EPA. shall apply to property placed in service ‘‘Sec. 48. Reforestation credit. ‘‘(3) MAXIMUM AVAILABLE POWER.—The after December 31, 2000, and before January ‘‘Sec. 48A. Energy credit.’’ term ‘maximum available power’ means the 1, 2004. (f) EFFECTIVE DATE.—The amendments maximum value of the sum of the heat en- ‘‘(2) EXCEPTIONS.— made by this section shall apply to property gine and electric drive system power or other ‘‘(A) SOLAR ENERGY AND GEOTHERMAL EN- placed in service after December 31, 2000, non-heat energy conversion devices available ERGY PROPERTY.—Paragraph (1) shall not under rules similar to the rules of section for a driver’s command for maximum accel- apply to solar energy property or geothermal 48(m) of the Internal Revenue Code of 1986 eration at vehicle speeds under 75 miles per energy property. (as in effect on the day before the date of the hour. ‘‘(B) FUEL CELL PROPERTY.—In the case of enactment of the Revenue Reconciliation ‘‘(4) AUTOMOBILE.—The term ‘automobile’ property that is a fuel cell described in sub- Act of 1990). has the meaning given such term by section section (d)(3)(A)(i), this section shall apply SEC. 103. ENERGY EFFICIENT COMMERCIAL 4064(b)(1) (without regard to subparagraphs to property placed in service after December BUILDING PROPERTY DEDUCTION. (B) and (C) thereof). A vehicle shall not fail 31, 2000, and before January 1, 2005.’’ ‘‘(a) IN GENERAL.—There shall be allowed to be treated as an automobile solely by rea- (e) CONFORMING AMENDMENTS.— as a deduction for the taxable year an son of weight if such vehicle is rated at 8,500 (1) Section 48 is amended to read as fol- amount equal to the sum of the energy effi- pounds gross vehicle weight rating or less. lows: cient commercial building amount deter- ‘‘(5) DOUBLE BENEFIT; PROPERTY USED OUT- ‘‘SEC. 48. REFORESTATION CREDIT. mined under subsection (b). SIDE UNITED STATES, ETC., NOT QUALIFIED.—No ‘‘(a) IN GENERAL.—For purposes of section ‘‘(b)(1) DEDUCTION ALLOWED.—For purposes credit shall be allowed under subsection 46, the reforestation credit for any taxable of subsection (a)— (a)(2) with respect to— year is 20 percent of the portion of the amor- ‘‘(A) IN GENERAL.—The energy efficient ‘‘(A) any property for which a credit is al- tizable basis of any qualified timber property commercial building property deduction de- lowed under section 25B or 30, which was acquired during such taxable year termined under this subsection is an amount ‘‘(B) any property referred to in section and which is taken into account under sec- equal to energy efficient commercial build- 50(b), and tion 194 (after the application of section ing property expenditures made by a tax- ‘‘(C) the portion of the cost of any property 194(b)(1)). payer for the taxable year. taken into account under section 179 or 179A. ‘‘(b) DEFINITIONS.—For purposes of this ‘‘(B) MAXIMUM AMOUNT OF DEDUCTION.—The ‘‘(6) REGULATIONS.— subpart, the terms ‘amortizable basis’ and amount of energy efficient commercial

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building property expenditures taken into ‘‘(II) the energy performance of all systems ‘‘(4) ALLOCATION OF DEDUCTION FOR PUBLIC account under subparagraph (A) shall not ex- and components not yet designed shall be as- PROPERTY.—In the case of energy efficiency ceed an amount equal to the product of— sumed to comply minimally with the re- commercial building property installed on or ‘‘(i) $2.25, and quirements of such Standard 90.1–1999, or in public property, the Secretary shall pro- ‘‘(ii) the square footage of the building ‘‘(III) the expenses taken into account mulgate a regulation to allow the allocation with respect to which the expenditures are under paragraph (1) shall be a fraction of of the deduction to the person primarily remade. such expenses based on the performance of sponsible for designing the property in lieu ‘‘(C) YEAR DEDUCTION ALLOWED.—The de- less than all energy-using systems in accord- of the public entity which is the owner of duction under subparagraph (A) shall be al- ance with clause (iii) such property. Such person shall be treated lowed in the taxable year in which the con- ‘‘(iii) The expenditures in connection with as the tax payer for purposes of this sub- struction of the building is completed. the design of subsystems in the building, section. ‘‘(2) ENERGY EFFICIENT COMMERCIAL BUILD- such as the envelope, the heating, ventila- ‘‘(5) NOTICE TO OWNER.—The qualified indi- ING PROPERTY EXPENDITURES.—For purposes tion, air conditioning and water heating sys- vidual shall provide an explanation to the of this subsection, the term ‘energy efficient tem, and the lighting system shall be allo- owner of the building regarding the energy commercial building property expenditures’ cated to the appropriate building subsystem efficiency features of the building and its means an amount paid or incurred for energy based on system-specific energy cost savings projected annual energy costs as provided in efficient commercial building property in- targets in regulations promulgated by the the notice under paragraph (3)(C)(ii)(III). stalled on or in connection with new con- Secretary of Energy which are equivalent, ‘‘(6) CERTIFICATION.— struction or reconstruction of property— using the calculation methodology, to the ‘‘(A) IN GENERAL.—Except as provided in ‘‘(A) for which depreciation is allowable whole building requirement of 50 percent this paragraph, the Secretary, in consulta- under section 167, savings. tion with the Secretary of Energy, shall es- ‘‘(B) which is located in the United States, ‘‘(iv) The calculational methods under this tablish requirements for certification and and subparagraph need not comply fully with compliance procedures similar to the proce- ‘‘(C) the construction or erection of which section 11 of such Standard 90.1–1999. dures under section 25B(c)(7). is completed by the taxpayer. ‘‘(v) The calculational methods shall be ‘‘(B) QUALIFIED INDIVIDUALS.—Individuals Such property includes all residential rental fuel neutral, such that the same energy effi- qualified to determine compliance shall be property, including low-rise multifamily ciency features shall qualify a building for only those individuals who are recognized by structures and single family housing prop- the deduction under this subsection regard- an organization certified by the Secretary erty which is not within the scope of Stand- less of whether the hearing source is a gas or for such purposes. ard 90.1–1999 (described in paragraph (3)). oil furnace or an electric heat pump. ‘‘(C) PROFICIENCY OF QUALIFIED INDIVID- ‘‘(vi) The calculational methods shall pro- Such term includes expenditures for labor UALS.—The Secretary shall consult with non- costs properly allocable to the onsite prepa- vide appropriate calculated energy savings profit organizations and State agencies with ration, assembly, or original installation of for design methods and technologies not oth- expertise in energy efficiency calculations the property. erwise credited in either such Standard 90.1– and inspections to develop proficiency tests ‘‘(3) ENERGY EFFICIENT COMMERCIAL BUILD- 1999 or in the 1998 California Nonresidential and training programs to qualify individuals ING PROPERTY.—For purposes of paragraph ACM Manual, including the following: to determine compliance. (2)— ‘‘(I) Natural ventilation. ‘‘(g) TERMINATION.—This section shall not ‘‘(A) IN GENERAL.—The term ‘energy effi- ‘‘(II) Evaporative cooling. apply with respect to— cient commercial building property’ means ‘‘(III) Automatic lighting controls such as ‘‘(1) any energy property placed in service any property which reduces total annual en- occupancy sensors, photocells, and time- before December 31, 2000 and after December ergy and power costs with respect to the clocks. 31, 2006, and lighting, heating, cooling, ventilation, and ‘‘(IV) Daylighting. hot water supply systems of the building by ‘‘(V) Designs utilizing semi-conditioned ‘‘(2) any energy efficient commercial build- 50 percent or more in comparison to a ref- spaces that maintain adequate comfort con- ing property expenditures in connection with erence building which meets the require- ditions without air conditioning or without property— ments of Standard 90.1–1999 of the American heating. ‘‘(A) the plans for which are not certified Society of Heating, Refrigerating, and Air ‘‘(VI) Improved fan system efficiency, in- under subsection (f)(6) on or before December Conditioning Engineers and the Illuminating cluding reductions in static pressure. 31, 2006, and Engineering Society of North America using ‘‘(VII) Advanced unloading mechanisms for ‘‘(B) the construction of which is not com- methods of calculation under subparagraph mechanical cooling, such as multiple or vari- pleted on or before December 31, 2008.’’. (B) and certified by qualified professionals as able speed compressors. TITLE II—NONBUSINESS ENERGY provided under paragraph (6). ‘‘(VIII) The calculational methods may SYSTEMS take into account the extent of commis- ‘‘(B) METHODS OF CALCULATION.—The Sec- SEC. 201. CREDIT FOR CERTAIN NONBUSINESS retary, in consultation with the Secretary of sioning in the building, and allow the tax- ENERGY SYSTEMS. Energy, shall promulgate regulations which payer to take into account measured per- (a) IN GENERAL.—Subpart A of part IV of describe in detail methods for calculating formance that exceeds typical performance. subchapter A of chapter 1 (relating to non- and verifying energy and power consumption ‘‘(C) COMPUTER SOFTWARE.— refundable personal credits) is amended by ‘‘(i) IN GENERAL.—Any calculation under and cost, taking into consideration the pro- inserting after section 25A the following: visions of the 1998 California Nonresidential this paragraph shall be prepared by qualified ACM Manual. These procedures shall meet computer software. ‘‘SEC. 25B. NONBUSINESS ENERGY PROPERTY. the following requirements: ‘‘(ii) QUALIFIED COMPUTER SOFTWARE.—For ‘‘(a) ALLOWANCE OF CREDIT.— ‘‘(i) In calculating tradeoffs and energy purposes of this subparagraph, the term ‘‘(1) IN GENERAL.—In the case of an indi- performance, the regulations shall prescribe ‘qualified computer software’ means soft- vidual, there shall be allowed as a credit the costs per unit of energy and power, such ware— against the tax imposed by this chapter for as kilowatt hour, kilowatt, gallon of fuel oil, ‘‘(I) for which the software designer has the taxable year an amount equal to the sum and cubic foot or Btu of natural gas, which certified that the software meets all proce- of— may be dependent on time of usage. dures and detailed methods for calculating ‘‘(A) the applicable percentage of residen- ‘‘(ii) The calculational methodology shall energy and power consumption and costs as tial energy property expenditures made by require that compliance be demonstrated for required by the Secretary, the taxpayer during such year, a whole building. If some systems of the ‘‘(II) which provides such forms as required ‘‘(B) the credit amount (determined under building, such as lighting, are designed later to be filed by the Secretary in connection section 48A(e)) for each vehicle purchased than other systems of the building, the with energy efficiency of property and the during the taxable year which is a qualified method shall provide that either— deduction allowed under this subsection, and hybrid vehicle (as defined in section ‘‘(I) the expenses taken into account under ‘‘(III) which provides a notice form which 48A(e)(2)), and paragraph (1) shall not occur until the date summarizes the energy efficiency features of ‘‘(C) the credit amount specified in the fol- designs for all energy-using systems of the the building and its projected annual energy lowing table for a new, highly energy-effi- building are completed, costs. cient principal residence:

Column B— Column C—Period ‘‘Column A—Description Credit Amount For the period: In the case of: The credit amount is: Beginning on: Ending on:

30 percent property ...... $1,000 1/1/2001 12/31/2002 50 percent property ...... 2,000 1/1/2001 12/31/2004’’

In the case of any new, highly energy-efficient principal residence, the credit amount shall be zero for any period for which a credit amount is not specified for such property in the table under subparagraph (C). ‘‘(2) APPLICABLE PERCENTAGE.—

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‘‘(A) IN GENERAL.—The applicable percentage shall be determined in accordance with the following table:

Column C—Period Column A—Description Column B— For the period: In the case of: Applicable Percentage is: Beginning on: Ending on:

20% energy-eff. bldg. prop ...... 20 1/1/2001 12/31/2004 10% energy-eff. bldg. prop ...... 10 1/1/2001 12/31/2002 Solar water heating property ...... 15 1/1/2001 12/31/2007 Photovoltaic property ...... 15 1/1/2001 12/31/2007

‘‘(B) PERIODS FOR WHICH PERCENTAGE NOT plicable percentage is not specified for such of the credit allowed under subsection SPECIFIED.—In the case of any residential en- property under subparagraph (A). (a)(1)(A) for the taxable year for each item of ergy property, the applicable percentage ‘‘(b) MAXIMUM CREDIT.— such property with respect to a dwelling unit shall be zero for any period for which an ap- ‘‘(1) IN GENERAL.—In the case of property shall not exceed the amount specified for described in the following table, the amount such property in such table:

Description of property item: Maximum allowable credit amount is:

20 percent energy-efficient building property (other than a fuel cell or natural gas heat pump) ...... $500. 20 percent energy-efficient building property: fuel cell described in section 48A(d)(3)(A)(i) ...... $500 per each kw/hr of capacity. Natural gas heat pump described in section 48A(d)(3)(D)(iv) ...... $1,000. 10 percent energy-efficient building property ...... $250. Solar water heating property ...... $1,000. Photovoltaic property ...... $2,000.

‘‘(2) COORDINATION OF LIMITATION.—If a 30 percent property if the projected energy after examining the requirements for energy credit is allowed to the taxpayer for any tax- usage of such property is reduced by 50 per- consultants and home energy ratings pro- able year by reason of an acquisition of a cent or 30 percent, respectively, compared to viders specified by the Mortgage Industry new, highly energy-efficient principal resi- the energy usage of a reference house that National Accreditation Procedures for Home dence, no other credit shall be allowed under complies with minimum standard practice, Energy Rating Systems. subsection (a)(1)(A) with respect to such resi- such as the 1998 International Energy Con- ‘‘(ii) INDIVIDUALS QUALIFIED TO DETERMINE dence during the 1-taxable year period begin- servation Code of the International Code COMPLIANCE.—Individuals qualified to deter- ning with such taxable year. Council, as determined according to the re- mine compliance shall be only those individ- ‘‘(c) DEFINITIONS.—For purposes of this sec- quirements specified in clause (ii). uals who are recognized by an organization tion— ‘‘(ii) PROCEDURES.— certified by the Secretary of Energy for such ‘‘(1) RESIDENTIAL ENERGY PROPERTY EX- ‘‘(I) IN GENERAL.—For purposes of clause purposes. PENDITURES.—The term ‘residential energy (i), energy usage shall be demonstrated ei- ‘‘(E) PRINCIPAL RESIDENCE.—The term property expenditures’ means expenditures ther by a component-based approach or a ‘principal’ has the same meaning as when made by the taxpayer for qualified energy performance-based approach. used in section 121, except that the period for property installed on or in connection with a ‘‘(II) COMPONENT APPROACH.—Compliance which a building is treated as the principal dwelling unit which— by the component approach is achieved when residence of the taxpayer shall also include ‘‘(A) is located in the United States, and all of the components of the house comply the 60-day period ending on the 1st day on ‘‘(B) is used by the taxpayer as a residence. with the requirements of prescriptive pack- which it would (but for this subparagraph) Such term includes expenditures for labor ages established by the Secretary of Energy, first be treated as the taxpayer’s principal costs properly allocable to the on site prepa- in consultation with the Administrator of residence. ration, assembly, or original installation of the Environmental Protection Agency, such ‘‘(d) SPECIAL RULES.—For purposes of this the property. that they are equivalent to the results of section— ‘‘(1) DOLLAR AMOUNTS IN CASE OF JOINT OC- ‘‘(2) QUALIFIED ENERGY PROPERTY.— using the performance-based approach of CUPANCY.—In the case of any dwelling unit ‘‘(A) IN GENERAL.—The term ‘qualified en- subclause (III) to achieve the required reduc- which if jointly occupied and use during any ergy property’ means— tion in energy usage. calendar year as a residence by 2 or more in- ‘‘(i) energy-efficient building property, ‘‘(III) PERFORMANCE-BASED APPROACH.— ‘‘(ii) solar water heating property, and Performance-based compliance shall be dem- dividuals the following shall apply: ‘‘(A) The amounts of the credit allowable ‘‘(iii) photovoltaic property. onstrated in terms of the required percent- ‘‘(B) SWIMMING POOL, ETC., USED AS STORAGE under subsection (a) by reason of expendi- age reductions in projected energy use. Com- MEDIUM; SOLAR PANELS.—For purposes of this tures made during such calendar year by any puter software used in support of perform- paragraph, the provisions of subparagraphs of such individuals with respect to such ance-based compliance must meet all of the (B) and (C) of section 48A(d)(1) shall apply. dwelling unit shall be determined by treat- procedures and methods for calculating en- ‘‘(3) ENERGY-EFFICIENT BUILDING PROP- ing all of such individuals as 1 taxpayer ergy savings reductions that are promul- ERTY.—The term ‘energy-efficient building whose taxable year is such calendar year. gated by the Secretary of Energy. Such regu- property’ has the meaning given to such ‘‘(B) There shall be allowable with respect lations on the specifications for software term by section 48A(e)(3). to such expenditures to each of such individ- shall be based in the 1998 California Residen- ‘‘(4) SOLAR WATER HEATING PROPERTY.—The uals, a credit under subsection (a) for the term ‘solar water heating property’ means tial Alternative Calculation Method Ap- taxable year in which such calendar year property which, when installed in connection proval Manual, except that the calculation ends in an amount which bears the same with a structure, uses solar energy for the procedures shall be developed such that the ratio to the amount determined under sub- purpose of providing hot water for use within same energy efficiency measures qualify a paragraph (A) as the amount of such expend- such structure. home for tax credits regardless of whether itures made by such individual during such ‘‘(5) PHOTOVOLTAIC PROPERTY.—The term the home uses a gas or oil furnace or boiler, calendar year bears to the aggregate of such ‘photovoltaic property’ means property or an electric heat pump. expenditures made by all of such individuals which, when installed in connection with a ‘‘(IV) APPROVAL OF SOFTWARE SUBMIS- during such calendar year. structure, uses a solar photovoltaic process SION.—The Secretary of Energy shall approve ‘‘(2) TENANT-STOCKHOLDER IN COOPERATIVE to generate electricity for use in such struc- software submissions that comply with the HOUSING CORPORATION.—In the case of an in- ture. calculation requirements of subclause (III). dividual who is a tenant-stockholder (as de- ‘‘(6) NEW, HIGHLY ENERGY-EFFICIENT PRIN- ‘‘(C) DETERMINATIONS OF COMPLIANCE.—A fined in section 216) in a cooperative housing CIPAL RESIDENCE.— determination of compliance made for the corporation (as defined in such section), such ‘‘(A) IN GENERAL.—Property is a new, high- purposes of this paragraph shall be filed with individual shall be treated as having made ly energy-efficient principal residence if— the Secretary of Energy within 1 year of the his tenant-stockholder’s proportionate share ‘‘(i) such property is located in the United date of such determination and shall include (as defined in section 216(b)(3)) of any ex- States, the TIN of the certifier, the address of the penditures of such corporation. ‘‘(ii) the original use of such property com- building in compliance, and the identify of ‘‘(3) CONDOMINIUMS.— mences with the taxpayer and is, at the time the person for whom which determination ‘‘(A) IN GENERAL.—In the case of an indi- of such use, the principal residence of the was performed. Determinations of compli- vidual who is a member of a condominium taxpayer, and ance filed with the Secretary of Energy shall management association with respect to a ‘‘(iii) such property is certified before such be available for inspection by the Secretary. condominium which the individual owns, use commences as being 50 percent property ‘‘(D) COMPLIANCE.— such individual shall be treated as having or 30 percent property. ‘‘(i) IN GENERAL.—The Secretary of Energy made his proportionate share of any expendi- ‘‘(B) 50 OR 30 PERCENT PROPERTY.— in consultation with the Secretary of the tures of such association. ‘‘(i) IN GENERAL.—For purposes of subpara- Treasury shall establish requirements for ‘‘(B) CONDOMINIUM MANAGEMENT ASSOCIA- graph (A), property is 50 percent property or certification and compliance procedures TION.—For purposes of this paragraph, the

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9489 term ‘condominium management associa- respect to the dwelling unit and is not increase shall not be treated as tax imposed by tion’ means an organization which meets the cluded in the gross income of such taxpayer. this chapter for purposes of determining the requirements of paragraph (1) of section ‘‘(9) SAFETY CERTIFICATIONS.—No credit amount of any credit under this subpart or 528(c) (other than subparagraph (E) thereof) shall be allowed under this section for an subpart A, B, E, or G of this part.’’ with respect to a condominium project sub- item of property unless— (b) TECHNICAL AMENDMENT.—Section 1388 stantially all of the units of which are used ‘‘(A) in the case of solar water heating (relating to definitions and special rules for as residences. property, such property is certified for per- cooperative organizations) is amended by ‘‘(4) JOINT OWNERSHIP OF ENERGY ITEMS.— formance and safety by the non-profit Solar adding at the end the following: ‘‘(A) IN GENERAL.—Any expenditure other- Rating Certification Corporation or a com- ‘‘(k) CROSS REFERENCE.— wise qualifying as a residential energy prop- parable entity endorsed by the government ‘‘For provisions relating to the apportion- erty expenditure shall not be treated as fail- of the State in which such property is in- ment of the alcohol fuels credit between co- ing to so qualify merely because such ex- stalled, and operative organizations and their patrons, penditure was made with respect to 2 or ‘‘(B) in the case of photovoltaic property, see section 40(d)(6).’’ more dwelling units. such property meets appropriate fire and (c) EFFECTIVE DATE.—The amendments ‘‘(B) LIMITS APPLIED SEPARATELY.—In the electric code requirements. made by this section shall apply to taxable case of any expenditure described in subpara- ‘‘(e) BASIS ADJUSTMENTS.—For purposes of years beginning after December 31, 2000. graph (A), the amount of the credit allowable this subtitle, if a credit is allowed under this TITLE IV—AUTOMOBILES under subsection (a) shall (subject to para- section for any expenditure with respect to SEC. 401. EXTENSION OF CREDIT FOR QUALIFIED graph (1)) be computed separately with re- any property, the increase in the basis of ELECTRIC VEHICLES. spect to the amount of the expenditure made such property which would (but for this sub- (a) EXTENSION OF CREDIT FOR QUALIFIED for each dwelling unit. section) result from such expenditure shall ELECTRIC VEHICLES.—Subsection (f) of sec- ‘‘(5) ALLOCATION IN CERTAIN CASES.— be reduced by the amount of the credit so al- tion 30 (relating to termination) is amended ‘‘(A) IN GENERAL.—Except as provided in lowed.’’ by striking ‘December 31, 2004’ and inserting subparagraph (B), if less than 80 percent of (b) CONFORMING AMENDMENTS.— ‘‘December 31, 2006’’. the use of an item is for nonbusiness pur- (1) Section 1016(a) is amended by striking (b) REPEAL OF PHASEOUT.—Subsection (b) poses, only that portion of the expenditures ‘‘and’’ at the end of paragraph (26), by strik- of section 30 (relating to limitations) is for such item which is properly allocable to ing the period at the end of paragraph (27) amended by striking paragraph (2) and redes- use for nonbusiness purposes shall be taken and inserting ‘‘; and’’, and by adding at the ignating paragraph (3) as paragraph (2). into account. For purposes of this paragraph, end the following: (c) NO DOUBLE BENEFIT.— use for a swimming pool shall be treated as ‘‘(28) to the extent provided in section (1) Subsection (d) of section 30 (relating to use which is not for nonbusiness purposes. 25B(e), in the case of amounts with respect special rules) is amended by adding at the ‘‘(B) SPECIAL RULE FOR VEHICLES.—For pur- to which a credit has been allowed under sec- end the following: poses of this section and section 48A, a vehi- tion 25B.’’ ‘‘(5) NO DOUBLE BENEFIT.—No credit shall cle shall be treated as used entirely for busi- (2) The table of sections for subpart A of be allowed under subsection (a) with respect ness or nonbusiness purposes if the majority part IV of subchapter A of chapter 1 is to any vehicle if the taxpayer claims a credit of the use of such vehicle is for business or amended by inserting after the item relating for such vehicle under section 25B(a)(1)(B) or nonbusiness purposes, as the case may be. to section 25A the following: 48A(a)(2).’’ ‘‘(6) DOUBLE BENEFIT; PROPERTY USED OUT- ‘‘SEC. 25B. Nonbusiness energy property.’’ (2) Paragraph (3) of section 30(d) (relating SIDE UNITED STATES, ETC., NOT QUALIFIED.—No (c) EFFECTIVE DATE.—The amendments to property used outside United States, etc., credit shall be allowed under subsection made by this section shall apply to expendi- not qualified) is amended by striking ‘‘sec- (a)(1)(B) with respect to— tures after December 31, 2000. tion 50(b)’’ and inserting ‘‘section 25B, 48A, ‘‘(A) any property for which a credit is al- TITLE III—ALTERNATIVE FUELS or 50(b)’’. lowed under section 30 or 48A, (3) Paragraph (5) of section 179A(e) (relat- ‘‘(B) any property referred to in section SEC. 301. ALLOCATION OF ALCOHOL FUELS ing to property used outside United States, 50(b), and CREDIT TO PATRONS OF A COOPER- ATIVE. etc., not qualified) is amended by striking ‘‘(C) the portion of the cost of any property ‘‘section 50(b)’’ and inserting ‘‘section 25B, taken into account under section 179 or 179A. (a) IN GENERAL.—Section 40(d) (relating to alcohol used as fuel) is amended by adding at 48A, or 50(b)’’. ‘‘(7) WHEN EXPENDITURE MADE; AMOUNT OF (d) EFFECTIVE DATE.—The amendments the end the following: EXPENDITURE.— made by this section shall apply to property ‘‘(6) ALLOCATION OF SMALL ETHANOL PRO- ‘‘(A) IN GENERAL.—Except as provided in placed in service after December 31, 2000. subparagraph (B), an expenditure with re- DUCER CREDIT TO PATRONS OF COOPERATIVE.— SEC. 402. ADDITIONAL DEDUCTION FOR COST OF spect to an item shall be treated as made ‘‘(A) IN GENERAL.—In the case of a cooperative organization described in section 1381(a), INSTALLATION OF ALTERNATIVE when the original installation of the item is FUELING STATIONS. any portion of the credit determined under completed. (a) IN GENERAL.—Subparagraph (A) of sec- subsection (a)(3) for the taxable year may, at ‘‘(B) EXPENDITURES PART OF BUILDING CON- tion 179A(b)(2) of the Internal Revenue Code the election of the organization made on a STRUCTION.—In the case of an expenditure in of 1986 (relating to qualified clean-fuel vehi- timely filed return (including extensions) for connection with the construction of a struc- cle refueling property) is amended to read as such year, be apportioned pro rata among pa- ture, such expenditure shall be treated as follows: trons of the organization on the basis of the made when the original use of the con- ‘‘(A) IN GENERAL.—The aggregate cost structed structure by the taxpayer begins. quantity or value of business done with or which may be taken into account under sub- ‘‘(C) AMOUNT.—The amount of any expendi- for such patrons for the taxable year. Such section (a)(1)(B) with respect to qualified ture shall be the cost thereof. an election, once made, shall be irrevocable clean-fuel vehicle refueling property placed ‘‘(8) PROPERTY FINANCED BY SUBSIDIZED EN- for such taxable year. in service during the taxable year at a loca- ERGY FINANCING.— ‘‘(B) TREATMENT OF ORGANIZATIONS AND PA- tion shall not exceed the sum of— ‘‘(A) REDUCTION OF EXPENDITURES.—For TRONS.—The amount of the credit appor- ‘‘(i) with respect to costs not described in purposes of determining the amount of resi- tioned to patrons pursuant to subparagraph clause (ii); the excess (if any) of— dential energy property expenditures made (A)— ‘‘(I) $100,000, over by any individual with respect to any dwell- ‘‘(i) shall not be included in the amount de- ‘‘(II) the aggregate amount of such costs ing unit, there shall not be taken into ac- termined under subsection (a) for the taxable taken into account under subsection (a)(1)(B) count expenditures which are made from year of the organization, and by the taxpayer (or any related person or subsidized energy financing (as defined in ‘‘(ii) shall be included in the amount deter- predecessor) with respect to property placed section 48A(f)(1)(C)). mined under subsection (a) for the taxable in service at such location for all preceding ‘‘(B) DOLLAR LIMITS REDUCED.—The dollar year of each patron in which the patronage taxable years, plus amounts in the table contained in subsection divided for the taxable year referred to in ‘‘(ii) the lesser of— (b)(1) with respect to each property pur- subparagraph (A) is includable in gross in- ‘‘(I) the cost of the installation of such chased for such dwelling unit for any taxable come. property, or year of such taxpayer shall be reduced pro- ‘‘(C) SPECIAL RULE FOR DECREASING CREDIT ‘‘(II) $30,000.’’. portionately by an amount equal to the sum FOR TAXABLE YEAR.—If the amount of the (b) EFFECTIVE DATE.—The amendment of— credit of a cooperative organization deter- made by this section shall apply to property ‘‘(i) the amount of the expenditures made mined under subsection (a)(3) for a taxable placed in service after December 31, 2000. by the taxpayer during such taxable year year is less than the amount of such credit SEC. 403. CREDIT FOR RETAIL SALE OF CLEAN with respect to such dwelling unit and not shown on the cooperative organization’s re- BURNING FUELS AS MOTOR VEHI- taken into account by reason of subpara- turn for such year, an amount equal to the CLE FUEL. graph (A), and excess of such reduction over the amount not (a) IN GENERAL.—Subpart D of part IV of ‘‘(ii) the amount of any Federal, State, or apportioned to the patrons under subpara- subchapter A of chapter 1 of the Internal local grant received by the taxpayer during graph (A) for the taxable year shall be treat- Revenue Code of 1986 (relating to business re- such taxable year which is used to make res- ed as an increase in tax imposed by this lated credits) is amended by inserting after idential energy property expenditures with chapter on the organization. Any such in- section 40 the following:

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9490 CONGRESSIONAL RECORD — SENATE September 28, 2000 ‘‘SEC. 40A. CREDIT FOR RETAIL SALE OF CLEAN the discretion of the State highway depart- that has a design average net heat rate of BURNING FUELS AS MOTOR VEHI- ment, the vehicle operates on, or is fueled not more than 8,750 Btu’s per kilowatt hour, CLE FUEL. by, and alternative fuel (as defined) in sec- ‘‘(ii) applications totaling 1,500 megawatts ‘‘(a) GENERAL RULE.—For purposes of section 301 of Public Law 102–486 (42 U.S.C. of pressurized fluidized bed combustion tech- tion 38, the clean burning fuel retail sales 1321(2)))’’ after ‘‘required’’. nology installed as a new, retrofit, or credit of any taxpayer for any taxable year TITLE V—CLEAN COAL TECHNOLOGIES repowering application and operated between is 50 cents for each gasoline gallon equiva- 2000 and 2014 that has a design average net lent of clean burning fuel sold at retail by SEC. 501. CREDIT FOR INVESTMENT IN QUALI- heat rate of not more than 8,400 Btu’s per the taxpayer during such year as a fuel to FYING CLEAN COAL TECHNOLOGY. kilowatt hour, properl any qualified motor vehicle. (a) ALLOWANCE OF QUALIFYING CLEAN COAL ‘‘(iii) applications totaling 1,500 megawatts ‘‘(b) DEFINITIONS.—For purposes of this sec- TECHNOLOGY FACILITY CREDIT.—Section 46 of integrated gasification combined cycle tion— (relating to amount of credit) is amended by technology installed as a new, retrofit, or ‘‘(1) CLEAN BURNING FUEL.—The term striking ‘‘and’’ at the end of paragraph (2), repowering application and operated between ‘‘clean burning fuel’’ means natural gas, by striking the period at the end of para- 2000 and 2014 that has a design average net compressed natural gas, liquefied natural graph (3) and inserting ‘‘, and’’, and by add- heat rate of not more than 8,550 Btu’s per gas, liquefied petroleum gas, hydrogen, and ing at the end the following: kilowatt hour, and any liquid at least 85 percent of which con- ‘‘(4) the qualifying clean coal technology ‘‘(iv) applications totaling 2,000 megawatts sists of methanol. facility credit.’’ or equivalent of technology for the produc- ‘‘(2) GASOLINE GALLON EQUIVALENT.—The (b) AMOUNT OF QUALIFYING CLEAN COAL tion of electricity installed as a new, ret- term ‘‘gasoline gallon equivalent’’ means, TECHNOLOGY FACILITY CREDIT.—Subpart E of rofit, or repowering application and operated with respect to any clean burning fuel, the part IV of subchapter A of chapter 1 (relating between 2000 and 2014 that has a carbon emis- amount (determined by the Secretary) of to rules for computing investment credit), as sion rate that is not more than 85 percent of such fuel having a Btu content of 114,000. amended by section 101(a), is amended by in- conventional technology. ‘‘(3) QUALIFIED MOTOR VEHICLE.—The term serting after section 48A the following: ‘‘(B) EXCEPTIONS.—Such term shall not in- ‘‘qualified motor vehicle’’ means any motor clude clean coal technology projects receiv- SEC. 48B. QUALIFYING CLEAN COAL TECH- vehicle (as defined in section 179A(e)) which NOLOGY FACILITY CREDIT. ing or scheduled to receive funding under the meets any applicable Federal or State emis- ‘‘(a) IN GENERAL.—For purposes of section Clean Coal Technology Program of the De- sions standards with respect to each fuel by 46, the qualifying clean coal technology fa- partment of Energy. which such vehicle is designed to be pro- ‘‘(C) CLEAN COAL TECHNOLOGY.—The term cility credit for any taxable year is an pelled. ‘clean coal technology’ means advanced amount equal to 10 percent of the qualified ‘‘(4) SOLD AT RETAIL.— technology that utilizes coal to produce 50 investment in a qualifying clean coal tech- ‘‘(A) IN GENERAL.—The term ‘‘sold at re- percent or more of its thermal output as nology facility for such taxable year. tail’’ means the sale, for a purpose other electricity including advanced pulverzied ‘‘(b) QUALIFYING CLEAN COAL TECHNOLOGY than resale, after manufacture, production, coal or atmospheric fludized bed combustion, FACILITY.— or importation. pressurized fludized bed combustion, inte- ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(B) USE TREATED AS SALE.—If any person grated gasification combined cycle, and any section (a), the term ‘qualifying clean coal uses clean burning fuel as a fuel to propel other technology for the production of elec- technology facility’ means a facility of the any qualified motor vehicle (including any tricity that exceeds the performance of con- use after importation) before such fuel is taxpayer— ventional technology. sold at retail, then such use shall be treated ‘‘(A)(i)(I) which replaces a conventional ‘‘(D) CONVENTIONAL COAL TECHNOLOGY.— in the same manner as if such fuel were sold technology facility of the taxpayer and the The term ‘conventional technology’ means— at retail as a fuel to propel such a vehicle by original use of which commences with the ‘‘(i) coal-fired combustion technology with such person. taxpayer, or a design average net heat rate of not less ‘‘(c) NO DOUBLE BENEFIT.—The amount of ‘‘(II) which is a retrofitted or repowered than 9,300 Btu’s per kilowatt hour (HHV) and the credit determined under subsection (a) conventional technology facility, the retro- a carbon equivalents emission rate of not shall be reduced by the amount of any deduc- fitting or repowering of which is completed more than 0.53 pounds of carbon per kilowatt tion or credit allowable under this chapter by the taxpayer (but only with respect to hour; or for fuel taken into account in computing the that portion of the basis which is properly ‘‘(ii) natural gas-fired combustion tech- amount of such credit. attributable to such retrofitting or nology with a design average net heat rate of ‘‘(d) TERMINATION.—This section shall not repowering), or not less than 7,500 Btu’s per kilowatt hour apply to any fuel sold at retail after Decem- ‘‘(ii) that is acquired through purchase (as (HHV) and a carbon equivalents emission ber 31, 2007.’’. defined by section 179(d)(2)), rate of not more than 0.24 pound of carbon ‘‘(b) CREDIT TREATED AS BUSINESS CRED- ‘‘(B) that is depreciable under section 167, per kilowatt hour. IT.—Section 38(b) of the Internal Revenue ‘‘(C) that has a useful life of not less than ‘‘(E) DESIGN AVERAGE NET HEAT RATE.—The Code of 1986 (relating to current year busi- 4 years, term ‘design average net heat rate’ shall be ness credit) is amended by striking ‘‘plus’’ at ‘‘(D) that is located in the United States, based on the design average annual heat the end of paragraph (11), by striking the pe- and input to and the design average annual net riod at the end of paragraph (12) and insert- ‘‘(E) that uses qualifying clean coal tech- electrical output from the qualifying clean ing ‘‘, plus’’, and by adding at the end the nology. coal technology (determined without regard following: ‘‘(2) SPECIAL RULE FOR SALE-LEASEBACKS.— to such technology’s co-generation of ‘‘(13) the clean burning fuel retail sales For purposes of subparagraph (A) of para- steam). credit determined under section 404A(a).’’. graph (1), in the case of a facility that— ‘‘(F) SELECTION CRITERIA.—Selection cri- (c) TRANSITIONAL RULE.—Section 39(d) of ‘‘(A) is originally placed in service by a teria for clean coal technology facilities— the Internal Revenue Code of 1986 (relating person, and ‘‘(i) shall be established by the Secretary to transitional rules) is amended by adding ‘‘(B) is sold and leased back by such per- of Energy as part of a competitive solicita- at the end the following: son, or is leased to such person, within 3 tion, ‘‘(9) NO CARRYBACK OF SECTION 40A CREDIT months after the date such facility was ‘‘(ii) shall include primary criteria of min- BEFORE EFFECTIVE DATE.—No portion of the originally placed in service, for a period of imum design average net heat rate, max- unused business credit for any taxable year imum design average thermal efficiency, and not less than 12 years, which is attributable to the Clean burning lowest cost to the government, and such facility shall be treated as originally fuel retail sales credit determined under sec- ‘‘(iii) shall include supplemental criteria as placed in service not earlier than the date on tion 40A(a) may be carried back to a taxable determined appropriate by the Secretary of which such property is used under the lease- year ending before January 1, 2000.’’ Energy. (d) CLERICAL AMENDMENT.—The table of back (or lease) referred to in subparagraph ‘‘(c) QUALIFIED INVESTMENT.—For purposes sections for subpart D or part IV of sub- (B). The preceding sentence shall not apply of subsection (a), the term ‘qualified invest- chapter A of chapter 1 of the Internal Rev- to any property if the lessee and lessor of ment’ means, with respect to any taxable enue Code of 1986 is amended by inserting such property make an election under this year, the basis of a qualifying clean coal after the item relating to section 40 the fol- sentence. Such an election, once made, may technology facility placed in service by the lowing: be revoked only with the consent of the Sec- taxpayer during such taxable year. ‘‘SEC. 40A. Credit for retail sale of cleaning retary. ‘‘(d) QUALIFIED PROGRESS EXPENDITURES.— burning fuels as motor vehicle fuel.’’ ‘‘(3) QUALIFYING CLEAN COAL TECHNOLOGY— ‘‘(1) INCREASE IN QUALIFIED INVESTMENT.— (e) EFFECTIVE DATE.—The amendments FOR PURPOSES OF PARAGRAPH (1)(A)— In the case of a taxpayer who has made an made by this section shall apply to fuel sold ‘‘(A) IN GENERAL.—The term ‘qualifying election under paragraph (5), the amount of at retail after December 31, 2000, in taxable clean coal technology’ means, with respect the qualified investment of such taxpayer for years ending after such date. to clean coal technology— the taxable year (determined under sub- SEC. 404. EXCEPTION TO HOV PASSENGER RE- ‘‘(i) applications totaling 1,000 megawatts section (c) without regard to this section) QUIREMENTS FOR ALTERNATIVE of advanced pulverized coal or atmospheric shall be increased by an amount equal to the FUEL VEHICLES. fluidized bed combustion technology in- aggregate of each qualified progress expendi- Section 102(a) of title 23, United States stalled as a new, retrofit, or repowering ap- ture for the taxable year with respect to Code, is amended by inserting ‘‘(unless, at plication and operated between 2000 and 2014 progress expenditure property.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9491

‘‘(2) PROGRESS EXPENDITURE PROPERTY DE- of disposition of the qualifying clean coal The applicable FINED.—For purposes of this subsection, the technology facility property shall be treated amount is: term ‘progress expenditure property’ means as a year of remaining depreciation. ‘‘The facility design average net heat rate, Btu/kWh For 1st 5 For 2d 5 any property being constructed by or for the ‘‘(B) PROPERTY CEASES TO QUALIFY FOR (HHV) is equal to: yrs of yrs of taxpayer and which it is reasonable to be- PROGRESS EXPENDITURES.—Rules similar to such such lieve will qualify as a qualifying clean coal the rules of paragraph (2) shall apply in the service service technology facility which is being con- case of qualified progress expenditures for a Not more than 8400 ...... $.0130 $.0110 structed by or for the taxpayer when it is qualifying clean coal technology facility More than 8400 but not more than 8550 ...... 0100 .0085 placed in service. under section 48B, except that the amount of More than 8550 but not more than 8750 ...... 0090 .0070 ‘‘(3) QUALIFIED PROGRESS EXPENDITURES DE- the increase in tax under subparagraph (A) of FINED.—For purposes of this subsection— this paragraph shall be substituted in lieu of ‘‘(2) In the case of a facility originally ‘‘(A) SELF-CONSTRUCTED PROPERTY.—In the the amount described in such paragraph (2). placed in service after 2006 and before 2011, if— case of any self-constructed property, the ‘‘(C) APPLICATION OF PARAGRAPH.—This term ‘qualified progress expenditures’ means paragraph shall be applied separately with The applicable the amount which, for purposes of this sub- respect to the credit allowed under section 38 amount is: part, is properly chargeable (during such tax- regarding a qualifying clean coal technology ‘‘The facility design average net heat rate, Btu/kWh able year) to capital account with respect to facility.’’ (HHV) is equal to: For 1st 5 For 2d 5 such property. yrs of yrs of (d) TRANSITIONAL RULE.—Section 39(d) of such such ‘‘(B) NON-SELF-CONSTRUCTED PROPERTY.—In the Internal Revenue Code of 1986 (relating service service the case of non-self-constructed property, to transitional rules), as amended by section the term ‘qualified progress expenditures’ Not more than 7770 ...... $.0100 $.0080 101(b)(2), is amended by adding at the end the More than 7770 but not more than 8125 ...... 0080 .0065 means the amount paid during the taxable following: More than 8125 but not more than 8350 ...... 0070 .0055 year to another person for construction of ‘‘(10) NO CARRYBACK OF SECTION 48B CREDIT such property. ‘‘(3) In the case of a facility originally ‘‘(4) OTHER DEFINITIONS.—For purposes of BEFORE EFFECTIVE DATE.—No portion of the unused business credit for any taxable year placed in service after 2010 and before 2015, this subsection— if— ‘‘(A) SELF-CONSTRUCTED PROPERTY.—The which is attributable to the qualifying clean coal technology facility credit determined term ‘self-constructed property’ means prop- The applicable erty for which it is reasonable to believe under section 48B may be carried back to a amount is: that more than half of the construction ex- taxable year ending before the date of the ‘‘The facility design average net heat rate, Btu/kWh enactment of section 48B.’’ For 1st 5 For 2d 5 penditures will be made directly by the tax- (HHV) is equal to: yrs of yrs of payer. (e) TECHNICAL AMENDMENTS.— such such ‘‘(B) NON-SELF-CONSTRUCTED PROPERTY.— (1) Section 49(a)(1)(C) is amended by strik- service service The term ‘non-self-constructed property’ ing ‘‘and’’ at the end of clause (ii), by strik- Not more than 7720 ...... $.0085 $.0070 means property which is not self-constructed ing the period at the end of clause (iii) and More than 7720 but not more than 7380 ...... 0070 .0045 property. inserting ‘‘, and’’, and by adding at the end ‘‘(C) CONSTRUCTION, ETC.—The term ‘con- the following: ‘‘(c) INFLATION ADJUSTMENT FACTOR.—Each struction’ includes reconstruction and erec- ‘‘(iv) the portion of the basis of any quali- amount in paragraphs (1), (2), and (3) shall tion, and the term ‘constructed’ includes re- fying clean coal technology facility attrib- each be adjusted by multiplying such constructed and erected. utable to any qualified investment (as de- amount by the inflation adjustment factor ‘‘(D) ONLY CONSTRUCTION OF QUALIFYING fined by section 48B(c)).’’ for the calendar year in which the amount is CLEAN COAL TECHNOLOGY FACILITY TO BE (2) Section 50(a)(4) is amended by striking applied. If any amount as increased under TAKEN INTO ACCOUNT.—Construction shall be ‘‘and (2)’’ and inserting ‘‘, (2), and (6)’’. the preceding sentence is not a multiple of taken into account only if, for purposes of (3) The table of sections for subpart E of 0.01 cent, such amount shall be rounded to this subpart, expenditures therefore are part IV of subchapter A of chapter 1, as the nearest multiple of 0.01 cent. properly chargeable to capital account with amended by section 101(d), is amended by in- ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For respect to the property. serting after the item relating to section 48A purposes of this section— ‘‘(5) ELECTION.—An election under this sub- the following: ‘‘(1) any term used in this section which is section may be made at such time and in also used in section 48B shall have the mean- such manner as the Secretary may by regu- ‘‘Sec. 48B. Qualifying clean coal technology ing given such term in section 48B, facility credit.’’ lations prescribe. Such an election shall ‘‘(2) the rules of paragraphs (3), (4), and (5) apply to the taxable year for which made and (f) EFFECTIVE DATE.—The amendments of section 45 shall apply, to all subsequent taxable years. Such an made by this section shall apply to periods ‘‘(3) the term ‘‘inflation adjustment fac- election, once made, may not be revoked ex- after December 31, 2000, under rules similar tor’’ means, with respect to a calendar year, cept with the consent of the Secretary. to the rules of section 48(m) of the Internal a fraction the numerator of which is the ‘‘(e) COORDINATION WITH OTHER CREDITS.— Revenue Code of 1986 (as in effect on the day GDP implicit price deflator for the preceding This section shall not apply to any property before the date of the enactment of the Rev- calendar year and the denominator of which with respect to which the rehabilitation enue Reconciliation Act of 1990). is the GDP implicit price deflator for the credit under section 47 or the energy credit SEC. 502. CREDIT FOR PRODUCTION FROM calendar year 1998, and under section 48A is allowed unless the tax- QUALIFYING CLEAN COAL TECH- ‘‘(4) the term ‘‘GDP implicit price payer elects to waive the application of such NOLOGY. deflator’’ means the most recent revision of credit to such property. (a) CREDIT FOR PRODUCTION FROM QUALI- the implicit price deflator for the gross do- ‘‘(f) TERMINATION.—This section shall not FYING CLEAN COAL TECHNOLOGY.—Subpart D mestic product as computed by the Depart- apply with respect to any qualified invest- of part IV of subchapter A of chapter 1 (re- ment of Commerce before March 15 of the ment after December 31, 2014.’’ lating to business related credits) is amend- calendar year.’’ (c) RECAPTURE.—Section 50(a) (relating to ed by adding at the end the following: other special rules) is amended by adding at ‘‘(b) CREDIT TREATED AS BUSINESS CRED- the end the following: ‘‘SEC. 45D. CREDIT FOR PRODUCTION FROM IT.—Section 38(b) is amended by striking QUALIFYING CLEAN COAL TECH- ‘‘plus’’ at the end of paragraph (11), by strik- ‘‘(6) SPECIAL RULES RELATING TO QUALI- NOLOGY. FYING CLEAN COAL TECHNOLOGY FACILITY.— ing the period at the end of paragraph (12) ‘‘(a) GENERAL RULE.—For purposes of sec- For purposes of applying this subsection in and inserting ‘‘, plus’’, and by adding at the tion 38, the qualifying clean coal technology the case of any credit allowable by reason of end the following: production credit of any taxpayer for any section 48B, the following shall apply: ‘‘(13) the qualifying clean coal technology taxable year is equal to the applicable ‘(A) GENERAL RULE.—In lieu of the amount production credit determined under section of the increase in tax under paragraph (1), amount for each kilowatt hour— 45D(a).’’ the increase in tax shall be an amount equal ‘‘(1) produced by the taxpayer at a quali- (c) TRANSITIONAL RULE.—Section 39(d) (re- to the investment tax credit allowed under fying clean coal technology facility during lating to transitional rules), as amended by section 38 for all prior taxable years with re- the 10-year period beginning on the date the section 501(d), is amended by adding at the spect to a qualifying clean coal technology facility was originally placed in service, and end the following: facility (as defined by section 48B(b)(1)) mul- ‘‘(2) sold by the taxpayer to an unrelated ‘‘(11) NO CARRYBACK OF CERTAIN CREDITS BE- tiplied by a fraction whose numerator is the person during such taxable year. FORE EFFECTIVE DATE.—No portion of the un- number of years remaining to fully depre- ‘‘(b) APPLICABLE AMOUNT.—For purposes of used business credit for any taxable year ciate under this title the qualifying clean this section, the applicable amount with re- which is attributable to the credits allowable coal technology facility disposed of, and spect to production from a qualifying clean under any section added to this subpart by whose denominator is the total number of coal technology facility shall be determined the amendments made by the Energy Secu- years over which such facility would other- as follows: rity Tax and Policy Act of 2000 may be car- wise have been subject to depreciation. For ‘‘(1) In the case of a facility originally ried back to a taxable year ending before the purposes of the preceding sentence, the year placed in service before 2007, if— date of the enactment of such Act.’’

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9492 CONGRESSIONAL RECORD — SENATE September 28, 2000

(d) CLERICAL AMENDMENT.—The table of TITLE VII—OIL AND GAS PRODUCTION ‘‘(2) REDUCTION AS OIL AND GAS PRICES IN- sections for subpart D of part IV of sub- SEC. 701. CREDIT FOR PRODUCTION OF RE-RE- CREASE.— chapter A of chapter 1 is amended by adding FINED LUBRICATING OIL. ‘‘(A) IN GENERAL.—The $3 and 50 cents at the end the following: (a) IN GENERAL.—Subpart D of part IV of amounts under paragraph (1) shall each be ‘‘Sec. 45D. Credit for production from quali- subchapter A of chapter 1 (relating to busi- reduced (but not below zero) by an amount fying clean coal technology.’’ ness related credits), as amended by section which bears the same ratio to such amount 601(a), is amended by adding at the end the (determined without regard to this para- (e) EFFECTIVE DATE.—The amendments following: graph) as— made by this section shall apply to produc- ‘‘(i) the excess (if any) of the applicable tion after December 31, 2000. SEC. 45F. CREDIT FOR PRODUCING RE-REFINED LUBRICATING OIL. reference price over $14 ($1.56 for qualified SEC. 503. RISK POOL FOR QUALIFYING CLEAN ‘‘(a) GENERAL RULE.—For purposes of sec- natural gas production), bears to COAL TECHNOLOGY. tion 38, the re-refined lubricating oil produc- ‘‘(ii) $3 ($0.33 for qualified natural gas pro- (a) ESTABLISHMENT.—The Secretary of the tion credit of any taxpayer for any taxable duction). Treasury shall establish a financial risk pool year is equal to $4.05 per barrel of qualified The applicable reference price for a taxable which shall be available to any United re-refined lubricating oil production which is year is the reference price for the calendar States owner of qualifying clean coal tech- attributable to the taxpayer (within the year preceding the calendar year in which nology (as defined in section 48B(b)(3) of the meaning of section 29(d)(3)). the taxable year begins. ‘‘(B) INFLATION ADJUSTMENT.—In the case Internal Revenue Code of 1986) to offset for ‘‘(b) QUALIFIED RE-REFINED LUBRICATING of any taxable year beginning in a calendar the first 3 three years of the operation of OIL PRODUCTION.—For purposes of this sec- such technology the costs (not to exceed 5 tion— year after 2000, each of the dollar amounts contained in subparagraph (A) shall be in- percent of the total cost of installation) for ‘‘(1) IN GENERAL.—The term ‘qualified re- modifications resulting from the tech- refined lubricating oil production’ means a creased to an amount equal to such dollar nology’s failure to achieve its design per- base oil manufactured from at least 95 per- amount multiplied by the inflation adjust- formance. cent used oil and not more than 2 percent of ment factor for such calendar year (deter- (b) AUTHORIZATION OF APPROPRIATIONS.— previously unused oil by a re-refining process mined under section 43(b)(3)(B) by sub- There is authorized to be appropriated such which effectively removes physical and stituting ‘2000’ for ‘1990’). ‘‘(C) REFERENCE PRICE.—For purposes of sums as are necessary to carry out the pur- chemical impurities and spent and unspent this paragraph, the term ‘reference price’ poses of this section. additives to the extent that such base oil means, with respect to any calendar year— meets industry standards for engine oil as TITLE VI—METHANE RECOVERY ‘‘(i) in the case of qualified crude oil pro- defined by the American Petroleum Institute SEC. 601. CREDIT FOR CAPTURE OF COALMINE duction, the reference price determined document API 1509 as in effect on the date of METHANE GAS. under section 29(d)(2)(C), and the enactment of this section. (a) CREDIT FOR CAPTURE OF COALMINE ‘‘(ii) in the case of qualified natural gas ‘‘(2) LIMITATION ON AMOUNT OF PRODUCTION METHANE GAS.—Subpart D of part IV of sub- production, the Secretary’s estimate of the WHICH MAY QUALIFY.—Re-refined lubricating annual average wellhead price per 1,000 cubic chapter A of chapter 1 (relating to business oil produced oil produced during any taxable feet for all domestic natural gas. related credits), as amended by section year shall not be treated as qualified re-re- ‘‘(c) QUALIFIED CRUDE OIL AND NATURAL 502(a), is amended by adding at the end the fined lubricating oil production but only to following: GAS PRODUCTION.—For purposes of this sec- the extent average daily production during tion— SEC. 45E. CREDIT FOR CAPTURE OF COALMINE the taxable year exceeds 7,000 barrels. METHANE GAS. ‘‘(1) IN GENERAL.—The terms ‘qualified ‘‘(3) BARREL.—The term ‘barrel’ has the crude oil production’ and ‘qualified natural ‘‘(b) DEFINITION OF COALMINE METHANE meaning given such term by section gas production’ mean domestic crude oil or GAS. The term ‘Coalmine Methane Gas’ as 613A(e)(4). natural gas which is produced from a mar- used in this section means any methane gas ‘‘(c) INFLATION ADJUSTMENT.—In the case ginal well. which is being liberated, or would be liber- of any taxable year beginning in a calendar ‘‘(2) LIMITATION ON AMOUNT OF PRODUCTION ated, during coal mine operations or as a re- year after 2000, the dollar amount contained WHICH MAY QUALIFY.— sult of past coal mining operations, or which in subsection (a) shall be increased to an ‘‘(A) IN GENERAL.—Crude oil or natural gas is extracted up to ten years in advance of amount equal to such dollar amount multi- produced during any taxable year from any coal mining operations as part of specific plied by the inflation adjustment factor for well shall not be treated as qualified crude plan to mine a coal deposit.’’ such calendar year (determined under sec- oil production or qualified natural gas pro- For the purpose of section 38, the coalmine tion 29(d)(2)(B) by substituting ‘2000’ for duction to the extent production from the methane gas capture credit of any taxpayer ‘1979’).’’ well during the taxable year exceeds 1,095 for any taxable year is $1.21 for each one mil- (b) CREDIT TREATED AS BUSINESS CREDIT.— barrels or barrel equivalents. lion British thermal units of coalmine meth- Section 38(b) (relating to current year busi- ‘‘(B) PROPORTIONATE REDUCTIONS.— ane gas captured by the taxpayer and uti- ness credit), as amended by section 601(b), is ‘‘(i) SHORT TAXABLE YEARS.—In the case of lized as a fuel source or sold by or on behalf amended by striking ‘plus’ at the end of a short taxable year, the limitations under of the taxpayer to an unrelated person dur- paragraph (13), by striking the period at the this paragraph shall be proportionately re- ing such taxable year (within the meaning of end of paragraph (14) and inserting ‘, plus’, duced to reflect the ratio which the number section 45).’’ and by adding at the end the following: of days in such taxable year bears to 365. Credits for the capture of coalmine meth- ‘‘(15) the re-refined lubricating oil produc- ‘‘(ii) WELLS NOT IN PRODUCTION ENTIRE ane gas shall be earned upon the utilization tion credit determined under section 45F(a).’’ YEAR.—In the case of a well which is not ca- as a fuel source or sale and delivery of the (c) CLERICAL AMENDMENT.—The table of pable of production during each day of a tax- coalmine methane gas to an unrelated party, sections for subpart D of part IV of sub- able year, the limitations under this para- except that credit for coalmine methane gas chapter A of chapter 1, as amended by sec- graph applicable to the well shall be propor- which is captured in advance of mining oper- tion 601(c), is amended by adding at the end tionately reduced to reflect the ratio which ations shall be claimed only after coal ex- the following: the number of days of production bears to traction occurs in the immediate area where ‘‘Sec. 45F. Credit for producing re-refined lu- the total number of days in the taxable year. the coalmine methane gas was removed. bricating oil.’’ ‘‘(3) DEFINITIONS.— (c) CREDIT TREATED AS BUSINESS CREDIT.— (d) EFFECTIVE DATE.—The amendments ‘‘(A) MARGINAL WELL.—The term ‘marginal Section 38(b), as amended by section 502(b), made by this section shall apply to produc- well’ means a domestic well— is amended by striking ‘‘plus’’ at the end of tion after December 31, 2000. ‘‘(i) the production from which during the paragraph (12), by striking the period at the SEC. 702. OIL AND GAS FROM MARGINAL WELLS. taxable year is treated as marginal produc- end of paragraph (13) and inserting ‘‘,plus’’, ‘‘SEC. 45D. CREDIT FOR PRODUCING OIL AND GAS tion under section 613A(c)(6), or and by adding at the end the following: FROM MARGINAL WELLS ‘‘(ii) which, during the taxable year— ‘‘(14) the coalmine methane gas capture (a) GENERAL RULE.—For purposes of sec- ‘‘(I) has average daily production of not credit determined under section 45E(a).’’ tion 38, the marginal well production credit more than 25 barrel equivalents, and ‘‘(II) produces water at a rate not less than (d) CLERICAL AMENDMENT.—The table of for any taxable year is an amount equal to sections for subpart D of part IV of sub- the product of— 95 percent of total well effluent. ‘‘(B) CRUDE OIL, ETC.—The terms ‘crude chapter A of chapter 1, as amended by sec- ‘‘(1) the credit amount, and ‘‘(2) the qualified crude oil production and oil’, ‘natural gas’, ‘domestic’, and ‘barrel’ tion 502(d), is amended by adding at the end the qualified natural gas production which is have the meanings given such terms by sec- the following: attributable to the taxpayer. tion 613A(e). ‘‘Sec. 45E. Credit for the capture of coalmine ‘‘(b) CREDIT AMOUNT.—For purposes of this ‘‘(C) BARREL EQUIVALENT.—The term ‘bar- methane gas.;; section— rel equivalent’ means, with respect to nat- (c) EFFECTIVE DATE.—The amendments ‘‘(1) IN GENERAL.—The credit amount is— ural gas, a conversion ratio of 6,000 cubic feet made by this section shall apply to the cap- ‘‘(A) $3 per barrel of qualified crude oil proof natural gas to 1 barrel of crude oil. ture of coalmine methane gas after Decem- duction, and ‘‘(d) OTHER RULES.— ber 31, 2000 and on or before December 31, ‘‘(B) 50 cents per 1,000 cubic feet of quali- ‘‘(1) PRODUCTION ATTRIBUTABLE TO THE TAX- 2006. fied natural gas production. PAYER.—In the case of a marginal well in

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9493 which there is more than one owner of oper- and inserting ‘‘At the election of the tax- ‘‘(i) closed-loop biomass, and ating interests in the well and the crude oil payer, there’’. ‘‘(ii) any solid, nonhazardous, cellulosic or natural gas production exceeds the limita- (g) CLERICAL AMENDMENT.—The table of waste material, which is segregated from tion under subsection (c)(2), qualifying crude sections for subpart D of part IV of sub- other waste materials, and which is derived oil production or qualifying natural gas pro- chapter A of chapter 1 is amended by adding from— duction attributable to the taxpayer shall be at the end the following item: ‘‘(I) any of the following forest-related re- determined on the basis of the ratio which ‘‘Sec. 45D. Credit for producing oil and gas sources: mill residues, precommercial taxpayer’s revenue interest in the produc- from marginal wells.’’ thinnings, slash, and brush, but not includ- tion bears to the aggregate of the revenue in- (h) EFFECTIVE DATE.—The amendments ing old-growth timber, terests of all operating interest owners in made by this section shall apply to produc- ‘‘(II) waste pellets, crates, and dunnage, the production. tion in taxable years beginning after Decem- manufacturing and construction wood ‘‘(2) OPERATING INTEREST REQUIRED.—Any ber 31, 2000. wastes, landscape or right-of-way tree trim- credit under this section may be claimed mings, and municipal solid waste but not in- SEC. 703. DEDUCTION FOR DELAY RENTAL PAY- cluding paper that is destined for recycling, only on production which is attributable to MENTS. or the holder of an operating interest. (a) IN GENERAL.—Section 263 (relating to ‘‘(III) agriculture sources, including or- ‘‘(3) PRODUCTION FROM NONCONVENTIONAL capital expenditures) is amended by adding chard tree crops, vineyard, grain, legumes, SOURCES EXCLUDED.—In the case of produc- after subsection (i) the following new sub- tion from a marginal well which is eligible sugar, and other crop by-products or resi- section: dues. for the credit allowed under section 29 for ‘‘(j) DELAY RENTAL PAYMENTS FOR DOMES- ‘‘(B) CLOSED-LOOP BIOMASS.—The term the taxable year, no credit shall be allowable TIC OIL AND GAS WELLS.— ‘closed-loop biomass’ means any organic ma- under this section unless the taxpayer elects ‘‘(1) IN GENERAL.—Notwithstanding sub- terial from a plant which is planted exclu- not to claim the credit under section 29 with section (a), a taxpayer may elect to treat sively for purposes of being used at a quali- respect to the well.’ delay rental payments incurred in connec- fied facility to produce electricity. ‘‘(c) CREDIT TREATED AS BUSINESS CRED- tion with the development of oil or gas with- ‘‘(3) POULTRY WASTE.—The term ‘poultry IT.—Section 38(b) is amended by striking in the United States (as defined in section waste’ means poultry manure and litter, in- ‘plus’ at the end of paragraph (11), by strik- 638) as payments which are not chargeable to cluding wood shavings, straw, rice hulls, and ing the period at the end of paragraph (12) capital account. Any payments so treated other bedding material for the disposition of and inserting ‘, plus’, and by adding at the shall be allowed as a deduction in the tax- manure.’’ end the following new paragraph: able year in which paid or incurred. (b) EXTENSION AND MODIFICATION OF ‘‘(13) the marginal oil and gas well produc- ‘‘(2) DELAY RENTAL PAYMENTS.—For pur- PLACED-IN-SERVICE RULES.—Paragraph (4) of tion credit determined under section 45D(a).’’ poses of paragraph (1), the term ‘delay rental section 45(c), as redesignated by subsection (d) CREDIT ALLOWED AGAINST REGULAR AND payment’ means an amount paid for the (a), is amended to read as follows: MINIMUM TAX.— privilege of deferring development of an oil ‘‘(4) QUALIFIED FACILITY.— (1) IN GENERAL.—Subsection (c) of section or gas well.’’ ‘‘(A) WIND FACILITY.—In the case of a facil- 38 (relating to limitation based on amount of (b) CONFORMING AMENDMENT.—Section ity using wind to produce electricity, the tax) is amended by redesignating paragraph 263A(c)(3) is amended by inserting ‘‘263(j),’’ term ‘qualified facility’ means any facility (3) as paragraph (4) and by inserting after after ‘‘263(i),’’. owned by the taxpayer which is originally paragraph (2) the following new paragraph: (c) EFFECTIVE DATE.—The amendments placed in service after December 31, 1993. ‘‘(3) SPECIAL RULES FOR MARGINAL OIL AND made by this section shall apply to amounts ‘‘(B) CLOSED-LOOP BIOMASS FACILITY.—In GAS WELL PRODUCTION CREDIT.— paid or incurred in taxable years beginning the case of a facility using closed-loop bio- ‘‘(A) IN GENERAL.—In the case of the mar- after December 31, 2000. mass to produce electricity, the term ‘quali- ginal oil and gas well production credit— SEC. 704. ELECTION TO EXPENSE GEOLOGICAL fied facility’ means any facility owned by ‘‘(i) this section and section 39 shall be ap- AND GEOPHYSICAL EXPENDITURES. the taxpayer which: plied separately with respect to the credit, (a) IN GENERAL.—Section 263 (relating to ‘‘(i) is originally placed in service after De- and capital expenditures) is amended by adding cember 31, 1992 and before January 1, 2005, or ‘‘(ii) in applying paragraph (1) to the cred- after subsection (j) the following new sub- ‘‘(ii) is originally placed in service after it— section: December 31, 2000, and modified to use closed ‘‘(I) subparagraphs (A) and (B) thereof shall ‘‘(k) GEOLOGICAL AND GEOPHYSICAL EX- loop biomass to co-fire with coal after such not apply, and PENDITURES FOR DOMESTIC OIL AND GAS date and before January 1, 2005. ‘‘(II) the limitation under paragraph (1) (as WELLS.—Notwithstanding subsection (a), a ‘‘(C) BIOMASS FACILITY.—In the case of a fa- modified by subclause (II)) shall be reduced taxpayer may elect to treat geological and cility using biomass (other than closed-loop by the credit allowed under subsection (a) for geophysical expenses incurred in connection biomass) to produce electricity, the term the taxable year (other than the marginal oil with the exploration for, or development of, ‘qualified facility’ means: and gas well production credit). ‘‘(i) any facility owned by the taxpayer ‘‘(B) MARGINAL OIL AND GAS WELL PRODUC- oil or gas within the United States (as defined in section 638) as expenses which are which is originally placed in service after TION CREDIT.—For purposes of this sub- December 31, 2000 and before January 1, 2005, section, the term ‘marginal oil and gas well not chargeable to capital account. Any expenses so treated shall be allowed as a deduc- or production credit’ means the credit allow- ‘‘(ii) is originally placed in service before tion in the taxable year in which paid or in- able under subsection (a) by reason of sec- December 31, 2000 and modified to co-fire bio- curred.’’ tion 45D(a).’’ mass with coal after such date and before (b) CONFORMING AMENDMENT.—Section (2) CONFORMING AMENDMENT.—Subclause January 1, 2005. 263A(c)(3) is amended by inserting ‘‘263(k),’’ (II) of section 38(c)(2)(A)(ii) is amended by in- ‘‘(D) POULSTRY WASTE FACILITY.—In the after ‘‘263(j),’’. serting ‘‘or the marginal oil and gas well case of a facility using poultry waste to (c) EFFECTIVE DATE.—The amendments production credit’’ after ‘‘employment cred- produce electricity, the term ‘qualified facil- made by this section shall apply to costs it’’. ity’ means: paid or incurred in taxable years beginning (e) CARRYBACK.—Subsection (a) of section ‘‘(i) any facility of the taxpayer which is 39 (relating to carryback and carryforward of after December 31, 2000. originally placed in service after December unused credits generally) is amended by add- TITLE VIII—RENEWABLE POWER 31, 1999 and before January 1, 2005, or ing at the end the following new paragraph: GENERATION ‘‘(ii) is originally placed in service before ‘‘(3) 10-YEAR CARRYBACK FOR MARGINAL OIL SEC. 801. MODIFICATIONS TO CREDIT FOR ELEC- December 31, 2000 and modified to co-fire AND GAS WELL PRODUCTION CREDIT.—In the TRICITY PRODUCED FROM RENEW- poultry waste with coal after such date and case of the marginal oil and gas well produc- ABLE RESOURCES. before January 1, 2005. tion credit— (a) EXPANSION OF QUALIFIED ENERGY RE- ‘‘(E) SPECIAL RULES.— ‘‘(A) this section shall be applied sepa- SOURCES.— ‘‘(i) COMBINED PRODUCTION FACILITIES IN- rately from the business credit (other than (1) IN GENERAL.—Section 45(c)(1) (defining CLUDED.—For purposes of this paragraph, the the marginal oil and gas well production qualified energy resources) is amended by term ‘qualified facility’ shall include a facil- credit), striking ‘‘and’’ at the end of subparagraph ity using biomass to produce electricity and ‘‘(B) paragraph (1) shall be applied by sub- (B), by striking subparagraph (C), and by other biobased products such as renewable stituting ‘10 taxable years’ for ‘1 taxable adding at the end the following: based chemicals and fuels. years’ in subparagraph (A) thereof, and ‘‘(C) biomass (other than closed-loop bio- ‘‘(ii) SPECIAL RULES.—In the case of a ‘‘(C) paragraph (2) shall be applied— mass), or qualified facility described in subparagraph ‘‘(i) by substituting ‘31 taxable years’ for ‘‘(D) poultry waste.’’ (B), (C) or (D)— ‘21 taxable years’ in subparagraph (A) there- (2) DEFINITIONS.—Section 45(c) is amended ‘‘(I) the 10-year period referred to in sub- of, and by redesignating paragraph (3) as paragraph section (a) shall be treated as beginning upon ‘‘(ii) by substituting ‘30 taxable years’ for (4) and by striking paragraphs (2) and (4) and the date the taxpayer first applies for the ‘20 taxable years’ in subparagraph (B) there- inserting the following: credit, and of.’’ ‘‘(2) BIOMASS.— ‘‘(II) subsection (b)(3) shall not apply to (f) COORDINATION WITH SECTION 29.—Sec- ‘‘(A) IN GENERAL.—The term ‘biomass’ any such facility originally placed in service tion 29(a) is amended by striking ‘‘There’’ means— before January 1, 1997.’

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(c) ELECTRICITY PRODUCED FROM BIOMASS the item ‘qualified biomass-based generating 501(c), is amended by adding at the end the CO-FIRED IN COAL PLANTS.—Paragraph (1) of system’ means a biomass-based integrated following: section 45(a) (relating to general rule) is gasification combined cycle (IGCC) gener- ‘‘(7) SPECIAL RULES RELATING TO QUALIFIED amended to inserting (1.0 cents in the case of ating system which has an electricity-only BIOMASS-BASED GENERATING SYSTEM FACIL- electricity produced from biomass, other generation efficiency greater than 40 per- ITY.—For purposes of applying this sub- than closed loop biomass, co-fired in a facil- cent. section in the case of any credit allowable by ity which produces electricity from coal) ‘‘(c) QUALIFIED INVESTMENT.—For purposes reason of section 48C, the following shall after ‘‘1.5 cents’’. of subsection (a), the term ‘qualified invest- apply: (d) COORDINATION WITH OTHER CREDITS.— ment’ means, with respect to any taxable ‘‘(A) GENERAL RULE.—In lieu of the amount Section 45(d) (relating to definitions and spe- year, the basis of a qualified biomass-based of the increase in tax under paragraph (1), cial rules) is amended by adding at the end generating system facility placed in service the increase in tax shall be an amount equal the following: by the taxpayer during such taxable year. to the investment tax credit allowed under ‘‘(8) COORDINATION WITH OTHER CREDITS.— ‘‘(d) QUALIFIED PROGRESS EXPENDITURES.— section 38 for all prior taxable years with re- This section shall not apply to any produc- ‘‘(1) INCREASE IN QUALIFIED INVESTMENT.— spect to a qualified biomass-based gener- tion with respect to which the clean coal In the case of a taxpayer who has made an ating system facility (as defined by section technology production credit under section election under paragraph (5), the amount of 48C(b)) multiplied by a fraction whose nu- 45(b) is allowed unless the taxpayer elects to the qualified investment of such taxpayer for merator is the number of years remaining to waive the application of such credit to such the taxable year (determined under sub- fully depreciate under this title the qualified production.’’ section (c) without regard to this section) biomass-based generating system facility (e) EFFECTIVE DATE.—The amendments shall be increased by an amount equal to the disposed of, and whose denominator is the made by this section shall apply to elec- aggregate of each qualified progress expendi- total number of years over which such facil- tricity produced after December 31, 2000. ture for the taxable year with respect to ity would otherwise have been subject to depreciation. For purposes of the preceding SEC. 802. CREDIT FROM CAPITAL COSTS OF progress expenditure property. QUALIFIED BIOMASS-BASED GENER- ‘‘(2) PROGRESS EXPENDITURE PROPERTY DE- sentence, the year of disposition of the quali- ATING SYSTEM. FINED.—For purposes of this subsection, the fied biomass-based generating system facil- (a) ALLOWANCE OF QUALIFIED BIOMASS- term ‘progress expenditure property’ means ity shall be treated as a year of remaining BASED GENERATING SYSTEM FACILITY CRED- any property being constructed by or for the depreciation. ‘‘(B) PROPERTY CEASES TO QUALIFY FOR IT.—Section 46 (relating to amount of cred- taxpayer and which— it), as amended by section 501(a), is amended ‘‘(A) cannot reasonably be expected to be PROGRESS EXPENDITURES.—Rules similar to the rules of paragraph (2) shall apply in the by striking ‘‘and’’ at the end of paragraph completed in less than 18 months, and case of qualified progress expenditures for a (3), by striking the period at the end of para- ‘‘(B) it is reasonable to believe will qualify qualified biomass-based generating system graph (4) and inserting ‘‘, and’’, and by add- as a qualified biomass-based generating sys- facility under section 48C, except that the ing at the end the following: tem facility which is being constructed by or amount of the increase in tax under subpara- ‘‘(5) the qualified biomass-based generating for the taxpayer when it is placed in service. graph (A) of this paragraph shall be subsystem facility credit.’’ ‘‘(3) QUALIFIED PROGRESS EXPENDITURES DE- stituted in lieu of the amount described in (b) AMOUNT OF CREDIT.—Subpart E of part FINED.—For purposes of this subsection— IV of subchapter A of chapter 1 (relating to ‘‘(A) SELF-CONSTRUCTED PROPERTY.—In the such paragraph (2). ‘‘(C) APPLICATION OF PARAGRAPH.—This rules for computing investment credit), as case of any self-constructed property, the paragraph shall be applied separately with amended by section 501(b), is amended by in- term ‘qualified progress expenditures’ means the amount which, for purposes of this sub- respect to the credit allowed under section 38 serting after section 48C the following: regarding a qualified biomass-based gener- part, is properly chargeable (during such tax- SEC. 48C. QUALIFIED BIOMASS-BASED GENER- ating system facility.’’ able year) to capital account with respect to ATING SYSTEM FACILITY CREDIT. (d) TRANSITIONAL RULE.—Section 39(d) of ‘‘(a) IN GENERAL.—For purposes of section such property. the Internal Revenue Code of 1986 (relating ‘‘(B) NON-SELF-CONSTRUCTED PROPERTY.—In 46, the qualified biomass-based generating to transitional rules) as amended by section the case of non-self-constructed property, system facility credit for any taxable year is 501(d), is amended by adding at the end the the term ‘qualified progress expenditures’ an amount equal to 20 percent of the quali- following: means the amount paid during the taxable fied investment in a qualified biomass-based ‘‘(11) NO CARRYBACK OF SECTION 48C CREDIT generating system facility for such taxable year to another person for the construction BEFORE EFFECTIVE DATE.—No portion of the year. of such property. unused business credit for any taxable year ‘‘(4) OTHER DEFINITIONS.—For purposes of ‘‘(b) QUALIFIED BIOMASS-BASED GENERATING which is attributable to the qualified bio- this subsection— SYSTEM FACILITY.— mass-based generating system facility credit ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(A) SELF-CONSTRUCTED PROPERTY.—The term ‘self-constructed property’ means prop- determined under section 48C may be carried section (a), the term ‘qualified biomass- back to a taxable year ending before the date based generating system facility’ means a fa- erty for which it is reasonable to believe that more than half of the construction ex- of the enactment of section 48C.’’ cility of the taxpayer— (e) TECHNICAL AMENDMENTS.— ‘‘(A)(i) the original use of which com- penditures will be made directly by the tax- (1) Section 49(a)(1)(C), as amended by sec- mences with the taxpayer or the reconstruc- payer. tion 501(e), is amended by striking ‘‘and’’ at ON-SELF-CONSTRUCTED PROPERTY.— tion of which is completed by the taxpayer ‘‘(B) N the end of clause (iii), by striking the period (but only with respect to that portion of the The term ‘non-self-constructed property’ at the end of clause (iv) and inserting ‘‘, basis which is properly attributable to such means property which is not self-constructed and’’, and by adding at the end the following: reconstruction), or property. ‘‘(v) the portion of the basis of any quali- ‘‘(ii) that is acquired through purchase (as ‘‘(C) CONSTRUCTION, ETC.—The term ‘con- fied biomass-based generating system facil- defined by section 179(d)(2)), struction’ includes reconstruction and erec- ity attributable to any qualified investment ‘‘(B) that is depreciable under section 167, tion, and the term ‘constructed’ includes re- (as defined by section 48C(c)).’’ ‘‘(C) that has a useful life of not less than constructed and erected. (2) Section 50(a)(4), as amended by section 4 years, and ‘‘(D) ONLY CONSTRUCTION OF QUALIFIED BIO- 501(e), is amended by striking ‘‘and (6)’’ and ‘‘(D) that uses a qualified biomass-based MASS-BASED GENERATING SYSTEM FACILITY TO inserting ‘‘, (6) and (7)’’. generating system. BE TAKEN INTO ACCOUNT.—Construction shall (3) The table of sections for subpart E of ‘‘(2) SPECIAL RULE FOR SALE-LEASEBACKS.— be taken into account only if, for purposes of part IV of subchapter A of chapter 1, as For purposes of subparagraph (A) of para- this subpart, expenditures therefor are prop- amended by section 501(e), is amended by in- graph (1), in the case of a facility that— erly chargeable to capital account with re- serting after the item relating to section 48B ‘‘(A) is originally placed in service by a spect to the property. the following: person, and ‘‘(5) ELECTION.—An election under this sub- ‘‘Sec. 48C. Qualified biomass-based gener- ‘‘(B) is sold and leased back by such per- section may be made at such time and in son, or is leased to such person, within 3 ating system facility credit.’’ such manner as the Secretary may by regu- (f) EFFECTIVE DATE.—The amendments months after the date such facility was lations prescribe. Such an election shall made by this section shall apply to periods originally placed in service, for a period of apply to the taxabale year for which made after December 31, 1999, under rules similar not less than 12 years, such facility shall be and to all subsequent taxable years. Such an to the rules of section 48(m) of the Internal treated as originally placed in service not election, once made, may not be revoked ex- Revenue Code of 1986 (as in effect on the day earlier than the date on which such property cept with the consent of the Secretary. before the date of the enactment of the Rev- is used under the leaseback (or lease) re- ‘‘(e) COORDINATION WITH OTHER CREDITS.— enue Reconciliation Act of 1990). ferred to in subparagraph (B). The preceding This section shall not apply to any property SEC. 803. TREATMENT OF FACILITIES USING BA- sentence shall not apply to any property if with respect to which the rehabilitation GASSE TO PRODUCE ENERGY AS the lessee and lessor of such property make credit under section 47 or the energy credit SOLID WASTE DISPOSAL FACILITIES an election under this sentence. Such an under section 48A is allowed unless the tax- ELIGIBLE FOR TAX-EXEMPT FINANC- election, once made, may be revoked only payer elects to waive the application of such ING. with the consent of the Secretary. credits to such property.’’ (a) IN GENERAL.—Section 142 (relating to ‘‘(3) QUALIFIED BIOMASS-BASED GENERATING (c) RECAPTURE.—Section 50(a) (relating to exempt facility bond) is amended by adding SYSTEM.—For purposes of paragraph (1)(D), other special rules), as amended by section at the end the following:

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‘‘(k) SOLID WASTE DISPOSAL FACILITIES.— hydropower shall not be based on any oper- ty applying for renewable energy credits For purposes of subsection (a)(6), the term ational changes at the hydroproject not di- under this section, ‘solid waste disposal facilities’ includes prop- rectly associated with the efficiency im- ‘‘(2) the validity of renewable energy cred- erty located in Hawaii and used for the col- provements or capacity additions. its submitted by a retail electric supplier to lection, storage, treatment, utilization, ‘‘(C) The Secretary shall issue two renew- the Secretary, and processing, or final disposal of bagasse in the able energy credits for each kilowatt-hour of ‘‘(3) the quantity of electricity sales of all manufacture of ethanol.’’ electric energy generated through the use of retail electric suppliers. (b) EFFECTIVE DATE.—The amendment a renewable energy resource in any State in ‘‘(i) ENVIRONMENTAL SAVINGS CLAUSE.—In- made by this section shall apply to bonds 2001 and any succeeding year, if the gener- cremental hydropower shall be subject to all issued after the date of the enactment of this ating facility is located on Indian land. For applicable environmental laws and licensing Act. purposes of this paragraph, renewable energy and regulatory requirements. SEC. 804. FEDERAL RENEWABLE PORTFOLIO generated by biomass cofired with other ‘‘(j) EXEMPTION FOR ALASKA AND HAWAII.— STANDARD. fuels is eligible for two credits only if the This section shall not apply to any retail Title VI of the Public Utility Regulatory biomass was grown on the land eligible under electric supplier in Alaska or Hawaii. Policies Act of 1978 is further amended by this paragraph. ‘‘(k) STATE SAVINGS CLAUSE.—This section adding at the end the following: ‘‘(D) To be eligible for a renewable energy does not preclude a State from requiring ad- credit, the unit of electricity generated ‘‘SEC. 610. FEDERAL RENEWABLE PORTFOLIO ditional renewable energy generation in that STANDARD. through the use of a renewable energy re- State. source may be sold or may be used by the ‘‘(a) MINIMUM RENEWABLE GENERATION RE- ‘‘(l) DEFINITIONS.—For purposes of this sec- generator. If both a renewable energy re- QUIREMENT.—(1) For each calendar year be- tion— ginning with 2003, a retail electric supplier source and a non-renewable energy resource ‘‘(1) The term ‘incremental hydropower’ shall submit to the Secretary renewable en- are used to generate the electric energy, the means additional generation capacity ergy credits in an amount equal to the re- Secretary shall issue credits based on the achieved from increased efficiency or addi- quired annual percentage, specified in sub- proportion of the renewable energy resource tions of new capacity at an existing hydro- section (b), of the total electric energy sold used. The Secretary shall identify renewable electric dam. by the retail electric supplier to electric con- energy credits by type of generation and by ‘‘(2) The term ‘Indian land’ means— sumers in the calendar year. The retail elec- the State in which the generating facility is ‘‘(A) any land within the limits of any In- tric supplier shall make this submission be- located. dian reservation, pueblo or rancheria, ‘‘(4) In order to receive a renewable energy fore April 1 of the following calendar year. ‘‘(B) any land not within the limits of any credit, the recipient of a renewable energy Indian reservation, pueblo or rancheria title ‘‘(b) REQUIRED ANNUAL PERCENTAGE.— credit shall pay a fee, calculated by the Sec- ‘‘(1) For calendar years 2003 and 2004, the to which was on the date of enactment of retary, in an amount that is equal to the ad- required annual percentage shall be deter- this paragraph either held by the United ministrative costs of issuing, recording, mined by the Secretary in an amount less States for the benefit of any Indian tribe or monitoring the sale or exchange of, and than the amount in paragraph (2); individual or held by any Indian tribe or in- tracking the credit or does not exceed five ‘‘(2) For calendar years 2005 through 2015, dividual subject to restriction by the United percent of the dollar value of the credit, the required annual percentage shall be de- States against alienation, whichever is lower. The Secretary shall re- termined by the Secretary, but no less than ‘‘(C) any dependent Indian community, and tain the fee and use it to pay these adminis- 2.5 percent of the retail electric supplier’s ‘‘(D) any land conveyed to any Alaska Na- trative costs. base amount by the year 2007 increasing to tive corporation under the Alaska Native ‘‘(5) When a generator sells electric energy 5.0 percent by the year 2012 continuing Claims Settlement Act. generated through the use of a renewable en- through 2015. ‘‘(3) The term ‘Indian tribe’ means any In- ergy resource to a retail electric supplier dian tribe, band, nation, or other organized ‘‘(c) SUBMISSION OF CREDITS.—(1) A retail under a contract subject to section 210 of electric supplier may satisfy the require- group or community, including any Alaska this Act, the retail electric supplier is treat- ments of subsection (a) through the submis- Native village or regional or village corpora- ed as the generator of the electric energy for sion of— tion as defined in or established pursuant to the purposes of this section for the duration ‘‘(A) renewable energy credits issued under the Alaska Native Claims Settlement Act (43 of the contract. subsection (d) for renewable energy gen- U.S.C. 1601 et seq.), which is recognized as el- ‘‘(e) CREDIT TRADING.—A renewable energy erated by the retail electric supplier in the igible for the special programs and services credit may be sold or exchanged by the enti- provided by the United States to Indians be- calendar year for which credits are being ty to whom issued or by any other entity submitted or any previous calendar year; cause of their status as Indians. who acquires the credit. A renewable energy ‘‘(4) The term ‘renewable energy’ means ‘‘(B) renewable energy credits obtained by credit for any year that is not used to satisfy purchase or exchange under subsection (e); electric energy generated by a renewable en- the minimum renewable generation require- ergy resource. ‘‘(C) renewable energy credits borrowed ment of subsection (a) for that year may be against future years under subsection (f); or ‘‘(5) The term ‘renewable energy resource’ carried forward for use in another year. means solar thermal, photovoltaic, wind, ‘‘(D) any combination of credits under sub- ‘‘(f) CREDIT BORROWING.—At any time be- paragraphs (A), (B), and (C). geothermal, biomass (including organic fore the end of the calendar year, a retail waste, but not unsegregated municipal solid ‘‘(2) A credit may be counted toward com- electric supplier that has reason to believe pliance with subsection (a) only once. waste), or incremental hydropower facility that it will not have sufficient renewable en- or modification to an existing facility to co- ‘‘(d) ISSUANCE OF CREDITS.—(1) The Sec- ergy credits to comply with subsection (a) fire biomass or to expand electricity produc- retary shall establish, not later than one may— year after the date of enactment of this section from an existing renewable facility that ‘‘(1) submit a plan to the Secretary dem- is placed in service on or after January 1, tion, a program to issue, monitor the sale or onstrating that the retail electric supplier exchange of, and track renewable energy 2001. will earn sufficient credits within the next 3 ‘‘(6) The term ‘retail electric supplier’ credits. calendar years which, when taken into ac- ‘‘(2) Under the program, an entity that means a person, State agency, or Federal count, will enable to retail electric supplier agency that sells electric energy to an elec- generates electric energy through the use of to meet the requirements of subsection (a) a renewable energy resource may apply to tric consumer. for the calendar year involved; and ‘‘(7) The term ‘retail electric supplier’s the Secretary for the issuance of renewable (2) upon the approval of the plan by the base amount’ means the total amount of energy credits. The application shall indi- Secretary, apply credits that the plan dem- electric energy sold by the retail electric cate— onstrates will be earned within the next 3 supplier to electric customers during the ‘‘(A) the type of renewable energy resource calendar years to meet the requirements of most recent calendar year for which infor- used to produce the electricity, subsection (a) for the calendar year involved. mation is available, excluding electric en- ‘‘(B) the State in which the electric energy ‘‘(g) ENFORCEMENT.—The Secretary may ergy generated by solar energy, wind, geo- was produced, and bring an action in the appropriate United thermal, biomass, or hydroelectric facility ‘‘(C) any other information the Secretary States district court to impose a civil pen- placed in service prior to January 1, 2001. determines appropriate. alty on a retail electric supplier that does ‘‘(m) SUNSET.—Subsection (a) of this sec- ‘‘(3)(A) Except as provided in paragraphs not comply with subsection (a). A retail election expires December 31, 2015.’’. (B) and (C), the Secretary shall issue to an tric supplier who does not submit the re- entity one renewable energy credit for each quired number of renewable energy credits TITLE IX—STEELMAKING kilowatt-hour of electric energy the entity under subsection (a) is subject to a civil pen- SEC. 901. EXTENSION OF CREDIT FOR ELEC- generates through the use of a renewable en- alty of not more than 3 cents each for the re- TRICITY TO PRODUCTION FROM ergy resource in any State in 2001 and any newable energy credits not submitted. STEEL COGENERATION. succeeding year through 2015. ‘‘(h) INFORMATION COLLECTION.—The Sec- (a) EXTENSION OF CREDIT FOR COKE PRODUC- ‘‘(B) For incremental hydropower the cred- retary may collect the information nec- TION AND STEEL MANUFACTURING FACILI- its shall be calculated based on normalized essary to verify and audit— TIES.—Section 45(c)(1) (defining qualified en- water flows, and not actual generation. The ‘‘(1) the annual electric energy generation ergy resources), as amended by section 507 of calculation of the credits for incremental and renewable energy generation of any enti- P.L. 106–170, is amended by striking ‘‘and’’ at

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the end of subparagraph (B), by striking the PART D—NORTHEAST HOME HEATING OIL ‘‘(c) The Secretary shall conduct a con- period at the end of subparagraph (C) and in- RESERVE. tinuing evaluation of the residential price serting ‘‘, and’’, and by adding at the end the (a) Title I of the Energy Policy and Con- data supplied by the Energy Information Ad- following: servation Act is amended by— ministration for the Northeast and data on ‘‘(E) steel cogeneration.’’ (1) redesignating part D as part E; crude oil prices from published sources. (b) STEEL COGENERATION.—Section 45(c), is (2) redesignating section 181 as section 191; ‘‘(d) After consultation with the heating amended by adding at the end the following: and oil industry, the Secretary shall determine ‘‘(5) STEEL COGENERATION.—The term ‘steel (3) inserting after part C the following new procedures governing the release of petro- cogeneration’ means the production of elec- part D: leum distillate from the Reserve. The proce- tricity and steam (or other form of thermal ‘‘PART D—NORTHEAST HOME HEATING OIL dures shall provide that: energy) from any or all waste sources in sub- RESERVE ‘‘(1) The Secretary may— paragraphs (A), (B), and (C) within an oper- ‘‘ESTABLISHMENT ‘‘(A) sell petroleum distillate from the Re- ating facility that produces or integrates the ‘‘SEC. 181. (a) Notwithstanding any other serve through a competitive process, or production of coke, direct reduced iron ore, provision of this Act, the Secretary may es- ‘‘(B) enter into exchange agreements for iron, or steel provided that the cogeneration tablish, maintain, and operate in the North- the petroleum distillate that results in the meets any regulatory energy-efficiency east a Northeast Home Heating Oil Reserve. Secretary receiving a greater volume of pe- standards established by the Secretary, and A Reserve established under this part is not troleum distillate as repayment than the only to the extent that such energy is pro- a component of the Strategic Petroleum Re- volume provided to the acquirer; duced from— serve established under part B of this title. A ‘‘(2) In all such sales or exchanges, the Sec- ‘‘(A) gases or heat generated from the pro- Reserve established under this part shall retary shall receive revenue or its equivalent duction of metallurgical coke, contain no more than 2 million barrels of pe- in petroleum distillate that provides the De- ‘‘(B) gases or heat generated from the pro- troleum distillate. partment with fair market value. At no time duction of direct reduced iron ore or iron, ‘‘(b) for the purposes of this part— may the oil be sold or exchanged resulting in from blast furnace or direct ironmaking ‘‘(1) the term ‘Northeast’ means the States a loss of revenue or value to the United processes, or of Maine, New Hampshire, Vermont, Massa- States; and ‘‘(C) gases or heat generated from the man- chusetts, Connecticut, Rhode Island, New ‘‘(3) The Secretary shall only sell or dis- ufacture of steel.’’ York, Pennsylvania, and New Jersey. pose of the oil in the Reserve to entities cus- (c) MODIFICATION OF PLACED IN SERVICE ‘‘(2) the term ‘petroleum distillate’ in- tomarily engaged in the sale and distribu- RULES FOR STEEL COGENERATION FACILI- cludes heating oil and diesel fuel; and tion of petroleum distillate. TIES.—Section 45(c)(4) (defining qualified fa- ‘‘(3) the term ‘Reserve’ means the North- ‘‘(e) Within 45 days of the date of the en- cility), as amended by Section 507 of P.L. east Home Heating Oil Reserve established actment of this section, the Secretary shall 106–170, is amended by adding at the end the under this part. transmit to the President and, if the Presi- following: ‘‘AUTHORITY dent approves, to the Congress a plan de- ‘‘(F) STEEL COGENERATION FACILITIES.—In ‘‘SEC. 182. to the extent necessary or appro- scribing— the case of a facility using steel cogenera- priate to carry out this part, the Secretary ‘‘(1) the acquisition of storage and related tion to produce electricity, the term quali- may— facilities or storage services for the Reserve, fied facility’ means any facility permitted to ‘‘(1) purchase, contract for, lease, or other- including the potential use of storage facili- operate under the environmental require- wise acquire, in whole or in part, storage and ties not currently in use; ments of the Clean Air Act Amendments of related facilities, and storage services’ ‘‘(2) the acquisition of petroleum distillate 1990 which is owned by the taxpayer and ‘‘(2) use, lease, maintain, sell, or otherwise for storage in the Reserve; originally placed in service after December dispose of storage and related facilities ac- ‘‘(3) the anticipated methods of disposition 31, 2000, and before January 1, 2006. Such a fa- quired under this part; of petroleum distillate from the Reserve; cility may be treated as originally placed in ‘‘(3) acquire by purchase, exchange (includ- ‘‘(4) the estimated costs of establishment, service when such facility was last upgraded ing exchange of petroleum product from the maintenance, and operation of the Reserve; to increase efficiency or generation capa- Strategic Petroleum Reserve or received as ‘‘(5) efforts the Department will take to bility. However, no facility shall be allowed royalty from Federal lands), lease, or other- minimize any potential need for future a credit under this section for more than 10 wise, petroleum distillate for storage in the drawdowns and ensure that distributors and years of production.’’ Northeast Home Heating Oil Reserve; importers are not discouraged from main- (d) CONFORMING AMENDMENTS.— ‘‘(4) store petroleum distillate in facilities taining and increasing supplies to the North- (1) The heading for section 45 is amended not owned by the United States; and east; and by inserting ‘‘and waste energy’’ after ‘‘re- ‘‘(5) sell, exchange, or otherwise dispose of ‘‘(6) actions to ensure quality of the petro- newable’’. petroleum distillate from the Reserve estab- leum distillate in the Reserve. (2) The item relating to section 45 in the lished under this part, including to maintain the quality or quantity of the petroleum dis- ‘‘NORTHEAST HOME HEATING OIL RESERVE table of sections subpart D of part IV of sub- ACCOUNT chapter A of chapter 1 is amended by insert- tillate in the Reserve or to maintain the ‘‘SEC. 184. (a) Upon a decision of the Sec- ing ‘‘and waste energy’’ after ‘‘renewable.’’ operational capability of the Reserve. retary of Energy to establish a Reserve (e) EFFECTIVE DATE.—The amendments ‘‘CONDITIONS FOR RELEASE; PLAN under this part, the Secretary of the Treas- made by this section shall apply to taxable ‘‘SEC. 183. (a) FINDING.—The Secretary may ury shall establish in the Treasury of the years beginning after December 31, 2001. sell product from the Reserve only upon a United States an account known as the TITLE X—ENERGY EMERGENCIES finding by the President that there is a severe energy supply interruption. Such a find- ‘Northeast Home Heating Oil Reserve Ac- SEC. 1001. ENERGY POLICY AND CONSERVATION ing may be made only if he determines count’ (referred to in this section as the ‘Ac- ACT AMENDMENTS. that— count’). Title I of the Energy Policy and Conserva- ‘‘(1) a dislocation in the heating oil market ‘‘(b) The Secretary of the Treasury shall tion Act (42 U.S.C. 6211–6251) is amended— has resulted from such interruption; or deposit in the Account any amounts appro- (a) In section 166 (42 U.S.C. 6246), by insert- ‘‘(2) a circumstance, other than that de- priated to the Account and any receipts from ing ‘‘through 2003’’ after ‘‘2000.’’ scribed in paragraph (1), exists that con- the sale, exchange, or other disposition of pe- (b) In section 181 (42 U.S.C. 6251), by strik- stitutes a regional supply shortage of signifi- troleum distillate from the Reserve. ing ‘‘March 31, 2000’’ each place it appears cant scope and duration and that action ‘‘(c) The Secretary of Energy may obligate and inserting ‘‘September 30, 2003.’’ taken under this section would assist di- amounts in the Account to carry out activi- Title II of the Energy Policy and Conserva- rectly and significantly in reducing the ad- ties under this part without the need for fur- tion Act (42 U.S.C. 6261–6285) is amended— verse impact of such shortage. ther appropriation, and amounts available to (a) In section 256(h) (42 U.S.C. 6276(h)), by ‘‘(b) DEFINITION.—For purposes of this sec- the Secretary of Energy for obligation under striking the last sentence and inserting the tion a ‘dislocation in the heating oil market’ this section shall remain available without following, ‘‘For the purpose of carrying out shall be deemed to occur only when— fiscal year limitation. this subsection, there are authorized to be ‘‘(1) The price differential between crude ‘‘EXEMPTIONS appropriated such sums as may be nec- oil, as reflected in an industry daily publica- ‘‘SEC. 185. An action taken under this part essary.’’ tion such as ‘Platt’s Oilgram Price Report’ is not subject to the rulemaking require- (b) In section 281 (42 U.S.C. 6285), by strik- or ‘Oil Daily’ and No. 2 heating oil, as re- ments of section 523 of this Act, section 501 ing ‘‘March 31, 2000’’ each place it appears ported in the Energy Information Adminis- of the Department of Energy Organization and inserting ‘‘September 30, 2003’’. tration’s retail price data for the Northeast, Act, or section 553 of title 5, United States (a) AMENDMENT.—Title I of the Energy Pol- increases by more than 60% over its five year Code.’’. icy and Conservation Act is amended by— rolling average for the months of mid-Octo- (1) redesignating part D as part E; ber through March, and continues for 7 con- ‘‘AUTHORIZATION OF APPROPRIATIONS (2) redesignating section 181 as section 191; secutive days; and ‘‘SEC. 186. There are authorized to be ap- and ‘‘(2) The price differential continues to in- propriated for fiscal year 2001, 2002, and 2003 (3) inserting after part C the following new crease during the most recent week for such sums as may be necessary to implement part D: which price information is available. this part.’’.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9497 SEC. 1002. ENERGY CONSERVATION PROGRAMS the item relating to section 106 the fol- ganizations that purchase heating oil in bulk FOR SCHOOLS AND HOSPITALS. lowing: to market to end use consumers in the Title III of the Energy Policy and Con- ‘‘Sec. 107. Major fuel burning stationary Northeast (Maine, New Hampshire, Vermont, servation Act (42 U.S.C. 6325) is amended as source. Massachusetts, Rhode Island, Connecticut, follows: ‘‘Sec. 108. Annual home heating readiness re- New York, Pennsylvania, and New Jersey); Sec. 365 (f) For the purpose of carrying out port.’’; and this part there are authorized to be appro- and (2) to ascertain how these entities may be priated such sums as may be necessary. (2) in section 107 (42 U.S.C. 6215), by strik- most effectively educated in the prudent use SEC. 1003. STATE ENERGY PROGRAMS. ing ‘SEC. 107. (a) No Governor’ and inserting of energy futures and options contracts to Title III of the Energy Policy and Con- the following: maximize their purchasing effectiveness, servation Act (42 U.S.C. 6371f) is amended as protect themselves against sudden or unan- ‘‘SEC. 107. MAJOR FUEL BURNING STATIONARY follows: ticipated surges in the price of heating oil, Sec. 397. For the purpose of carrying out SOURCE. ‘‘(a) No Governor’’. and minimize long-term heating oil costs. this part, there are authorized to be appro- (b) REPORT.—The Secretary, no later than priated such sums as may be necessary. ‘‘SEC. 1005. SUMMER FILL AND FUEL BUDGETING 180 days after appropriations are enacted to PROGRAMS. ‘‘SEC. 1004. ANNUAL HOME HEATING READINESS carry out this Act, shall transmit the study ‘‘(a) IN GENERAL.—Part C of title II of the PROGRAM required in this section to the Committee on Energy Policy and Conservation Act (42 Energy and Commerce of the House of Rep- ‘‘(a) IN GENERAL.—Part A of title I of the U.S.C. 6211 et seq.) is amended by adding at resentatives and the Committee on Energy Energy Policy and Conservation Act (42 the end the following: U.S.C. 6211 et seq.) is amended by adding at and Natural Resources of the Senate. The re- the end the following: ‘‘SEC. 273. SUMMER FILL AND FUEL BUDGETING port shall contain a review of prior studies PROGRAMS. ANNUAL HOME HEATING READINESS. conducted on the subjects described in sub- ‘‘(a) DEFINITIONS.—In this section: section (a). ‘‘(a) IN GENERAL.—The Secretary, in con- ‘‘(1) BUDGET CONTRACT.—The term ‘budget (c) PILOT PROGRAM.—If the study required junction with the Administrator of the En- contract’ means a contract between a rein subsection (a) indicates that futures and ergy Information Agency, shall coordinate tailer and a consumer under which the heat- options contracts can provide cost-effective with all interested states on an annual basis ing expenses of the consumer are spread protection from sudden surges in heating oil a program to assess the adequacy of supplies evenly over a period of months. prices, the Secretary shall conduct a pilot for natural gas, heating oil and propane and ‘‘(2) FIXED-PRICE CONTRACT.—The term program, commencing not later than 30 days develop joint recommendations for respond- ‘fixed-price contract’ means a contract be- after the transmission of the study required ing to regional shortages or price spikes. tween a retailer and a consumer under which in subsection (b), to educate such govern- ‘‘(b) On or before September 1 of each year, the retailer charges the consumer a set price mental entities, consumer cooperatives, and the Secretary, acting through the Adminis- for propane, kerosene, or heating oil without other organizations on the prudent and cost- trator of the Energy Information Agency, regard to market price fluctuations. effective use of energy futures and options shall submit to Congress a Home Heating ‘‘(3) PRICE CAP CONTRACT.—The term ‘price contracts to increase their protection Readiness Report on the readiness of the cap contract’ means a contract between a re- against sudden or unanticipated surges in natural gas, heating oil and propane indus- tailer and a consumer under which the re- the price of heating oil and increase the effi- tries to supply fuel under various weather tailer charges the consumer the market ciency of their heating oil purchase pro- conditions, including rapid decreases in tem- price for propane, kerosene, or heating oil, grams. perature. but the cost of the propane, kerosene, or (d) AUTHORIZATION.—There is authorized to ‘‘(c) CONTENTS.—The Home Heating Readi- heating oil may not exceed a maximum be appropriated $3 million in fiscal year 2001 ness Report shall include— amount stated in the contract. ‘‘(1) estimates of the consumption, expend- to carry out this section. ‘‘(b) ASSISTANCE.—At the request of the itures, and average price per MMBtu or gal- SEC. 1007. INCREASED USE OF ALTERNATIVE chief executive officer of a State, the Sec- FUELS BY FEDERAL FLEETS lon of natural gas, heating oil and propane retary shall provide information, technical for the upcoming period of October through Title IV of the Energy Policy and Con- assistance, and funding— servation Act (42 U.S.C. 6374) is amended as March for various weather conditions, with ‘‘(1) to develop education and outreach pro- special attention to extreme weather, and follows: In SEC. 400AA(a)(3)(E), insert the grams to encourage consumers to fill their following sentence at the end, various regions of the country; storage facilities for propane, kerosene, and ‘‘(2) an evaluation of— ‘‘Except that, no later than fiscal year 2003 heating oil during the summer months; and ‘‘(A) global and regional crude oil and re- at least 50 percent of the total annual vol- ‘‘(2) to promote the use of budget confined product supplies; ume of fuel used must be from alternative ‘‘(B) the adequacy and utilization of refin- tracts, price cap contracts, fixed-price con- fuels.’’, and ery capacity; tracts, and other advantageous financial ar- In SEC. 400AA(g)(4)(B), after the words, ‘‘(C) the adequacy, utilization, and dis- rangements; ‘‘solely on alternative fuel’’, insert the words tribution of regional refined product storage to avoid severe seasonal price increases for ‘‘, including a three wheeled enclosed elec- capacity; and supply shortages of those products. tric vehicle having a VIN number’’. ‘‘(D) weather conditions; ‘‘(c) PREFERENCE.—In implementing this SEC. 1008. FULL EXPENSING OF HOME HEATING ‘‘(E) the refined product transportation section, the Secretary shall give preference OIL AND PROPANE STORAGE FACILI- system; to States that contribute public funds or le- TIES ‘‘(F) market inefficiencies; and verage private funds to develop State sum- (a) IN GENERAL.—Section 179(b) of the In- ‘‘(G) any other factor affecting the func- mer fill and fuel budgeting programs. ternal Revenue Code of 1986 (relating to limi- tional capability of the natural gas, heating ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— tations) is amended by adding at the end the oil industry and propane industry that has There are authorized to be appropriated to following— the potential to affect national or regional carry out this section— ‘‘(5) FULL EXPENSING OF HOME HEATING OIL supplies and prices; AND PROPANE STORAGE FACILITIES.—Para- ‘‘(3) recommendations on steps that the ‘‘(1) $25,000,000 for fiscal year 2001; and ‘‘(2) such sums as are necessary for each graphs (1) and (2) shall not apply to section Federal, State, and local governments can 179 property which is any storage facility take to prevent or alleviate the impact of fiscal year thereafter. ‘‘(e) INAPPLICABILITY OF EXPIRATION PROVI- (not including a building or its structural sharp and sustained increases in the price of components) used in connection with the dis- natural gas, heating oil and propane; and SION.—Section 281 does not apply to this section.’’. tribution of home heating oil or liquefied pe- ‘‘(4) recommendations on steps that com- troleum gas.’’ panies engaged in the production, refining, (b) CONFORMING AMENDMENT.—The table of storage, transportation of heating oil or pro- contents in the first section of the Energy TITLE XI—ENERGY EFFICIENCY pane, or any other activity related to the Policy and Conservation Act (42 U.S.C. prec. SEC. 1101. ENERGY SAVINGS PERFORMANCE CON- heating oil industry or propane industry, can 6201) is amended by inserting after the item TRACTS. take to prevent or alleviate the impact of relating to section 272 the following: (a) Section 801(a)(1) of the National Energy sharp and sustained increases in the price of ‘‘Sec. 273. Summer fill and fuel budgeting Conservation Policy Act (42 U.S.C. 8287(a)(1)) heating oil and propane. programs.’’. is amended by— ‘‘(d) INFORMATION REQUESTS.—The Sec- SEC. 1006. USE OF ENERGY FUTURES FOR FUEL (1) inserting ‘‘and water’’ after ‘‘energy’’ retary may request information necessary to PURCHASES. the first place it appears; prepare the Home Heating Readiness Report (a) HEATING OIL STUDY.—The Secretary (2) striking ‘‘that purpose’’ and inserting from companies described in subsection shall conduct a study— ‘‘these purposes’’; (b)(4).’’. (1) to ascertain if the use of energy futures (3) inserting ‘‘or water’’ after ‘‘energy’’ the (b) CONFORMING AND TECHNICAL AMEND- and options contracts could provide cost-ef- second place it appears; MENTS.—The Energy Policy and Conserva- fective protection from sudden surges in the (4) inserting ‘‘or water conservation’’ after tion Act is amended— price of heating oil (including number two ‘‘energy’’ the third place it appears; and (1) in the table of contents in the first sec- fuel oil, propane, and kerosene) for govern- (5) inserting ‘‘or water’’ after ‘‘energy’’ the tion (42 U.S.C. prec. 6201), by inserting after ments, consumer cooperatives, and other or- fourth place it appears.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9498 CONGRESSIONAL RECORD — SENATE September 28, 2000 (b) Section 801(a)(2) (A) of the National En- (1) inserting ‘‘and water conservation’’ igible for the special programs and services ergy Conservation Policy Act (42 U.S.C. after ‘‘efficiency’’ in the title. provided by the United States to Indians be- 8287(a)(2)(A)) is amended by— (2) inserting ‘‘and water’’ after ‘‘energy’’ cause of their status as Indians; and (1) inserting ‘‘or water’’ after ‘‘energy’’ the each place it appears. (5) the term ‘‘State’’ means each of the first place it appears; and SEC. 1102. WEATHERIZATION. States and the District of Columbia. (2) inserting ‘‘or water conservation’’ after (a) Section 414 of the Energy and Conserva- (b) PUBLIC BENEFITS FUND.—There is estab- ‘‘energy’’ the next two places it appears. tion and Production Act (42 U.S.C. 6865) is lished in the Treasury of the United States a (c) Section 801(a)(2)(B) of the National En- amended by inserting the following sentence separate fund, to be known as the Public ergy Conservation Policy Act (42 U.S.C. in subsection (a) the following sentence. Benefits Fund. The Fund shall consist of 8287(a)(2)(B)) is amended by— ‘‘The application shall contain the state’s amounts collected by the fiscal agent under (1) inserting ‘‘or water’’ after ‘‘energy’’ best estimate of matching funding available subsection (e). The fiscal agent may disburse each place it appears; and from state and local governments and from amounts in the Fund, without further appro- (2) inserting ‘‘energy or’’ before ‘‘utilities’’ private sources,’’ after the words ‘‘assistance priation, in accordance with this section. the second place it appears. to such persons’’. And, by inserting the (c) FISCAL AGENT.—The Secretary shall ap- (d) Section 801(a)(2)(D)(iii) of the National words, ‘‘without regard to availability of point a fiscal agent shall collect and disburse Energy Conservation Policy Act (42 U.S.C. matching funding’’, after the words ‘‘low-in- the amounts in the Fund in accordance with 8287(a)(2)(D)) is amended by striking come persons throughout the States,’’ this section. ‘‘$750,000’’ and inserting ‘‘$10,000,000’’. (b) Section 415 of the Energy and Conserva- (d) SECRETARY.—The Secretary shall pre- (e) Section 801(b)(1)(A) of the National En- tion and Production Act (42 U.S.C. 6865) is scribe rules for: ergy Conservation Policy Act (42 U.S.C. amended— (1) the determination of charges under sub- 8287(b)(1)(B)) is amended by inserting ‘‘and (1) in subsection (a)(1) by striking the first section (e); water’’ after ‘‘energy’’. sentence; (2) the collection of amounts for the Fund, (f) Section 801(b)(1)(B) of the National En- (2) in subsection (a)(2) by— including provisions for overcollection or ergy Conservation Policy Act (42 U.S.C. (A) striking ‘‘(A)’’, undercollection; 8287(b)(1)(B)) is amended by— (B) striking ‘‘approve a State’s application (3) the equitable allocation of the Fund (1) inserting ‘‘or water’’ after ‘‘energy’’ the to waive the 40 percent requirement estab- among States and Indian tribes based upon— first place it appears; and lished in paragraph (1) if the State includes (A) the number of low-income households (2) inserting ‘‘or water’’ after ‘‘energy’’ the in its plan’’ and inserting ‘‘establish’’, and in such State or tribal jurisdiction; and second place it appears. (B) the average annual cost of electricity (g) Section 801(b)(2)(A) of the National En- (C) striking subparagraph (B); (3) in subsection (c)(1) by— used by households in such State or tribal ergy Conservation Policy Act (42 U.S.C. (A) striking ‘‘paragraphs (3) and (4)’’ and jurisdiction; and 8287(b)(2)(A)) is amended by inserting ‘‘or inserting ‘‘paragraph (3)’’, (4) the criteria by which the fiscal agent water’’ after ‘‘energy’’ each place it appears. (h) Section 801(b)(2)(C) of the National En- (B) striking ‘‘$1600’’ and inserting ‘‘$2500’’, determines whether a State or tribal govern- (C) striking ‘‘and’’ at the end of subpara- ergy Conservation Policy Act (42 U.S.C. ment’s program is an eligible public purpose graph (C), 8287(b)(2)(C)) is amended by inserting ‘‘or program. (D) striking the period and inserting ‘‘; water’’ after ‘‘energy’’ each place it appears. (e) PUBLIC BENEFITS CHANGE.—(1) As a con- (i) Section 801(b)(3) of the National Energy and’’ in subparagraph (D), and dition of existing or future interconnection Conservation Policy Act (42 U.S.C. 8287(b)(3)) (E) inserting after subparagraph (D) the with facilities of any transmitting utility, is amended by inserting ‘‘or water’’ after following new subparagraph: ‘‘(E) the cost of each owner of an electric generating facility ‘‘energy’’. making heating and cooling modifications, whose nameplate capacity exceeds five (j) Section 801(c)(1) of the National Energy including replacement.’’; megawatts shall pay the transmitting utility Conservation Policy Act (42 U.S.C. 8287(c)(1)) (4) in subsection (c)(3) by— a public benefits charge determined under is repealed. (A) striking ‘‘1991, the $1600 per dwelling paragraph (2), even if the generation facility (k) Section 801(c)(2) of the National Energy unit limitation’’ and inserting ‘‘2000, the and the transmitting facility are under com- Conservation Policy Act (42 U.S.C. 8287(c)) is $2500 per dwelling unit average’’, mon ownership or are otherwise affiliated. amended by inserting ‘‘or water’’ after ‘‘en- (B) striking ‘‘limitation’’ and inserting Each importer of electric energy from Can- ergy’’ each place it appears. ‘‘average’’ each time it appears, and ada or Mexico, as a condition of existing or (l) Section 802 of the National Energy Con- (C) inserting ‘‘the’’ after ‘‘beginning of’’ in future interconnection with facilities of any servation Policy Act (42 U.S.C. 8287a.) is subparagraph (B); and transmitting utility in the United States, amended by inserting ‘‘and water’’ after ‘‘en- (5) by striking subsection (c)(4). shall pay this same charge for imported elec- ergy’’. SEC. 1103. PUBLIC BENEFITS FUND. tric energy. The transmitting utility shall (m) Section 803 of the National Energy (a) DEFINITIONS.—For purposes of this sec- pay the amounts collected to the fiscal agent Conservation Policy Act (42 U.S.C. 8287b.) is tion— at the close of each month, and the fiscal amended by inserting ‘‘‘and water’’ after (1) the term ‘‘eligible public purpose pro- agent shall deposit the amounts into the ‘‘energy’’. gram’’ means a State or tribal program Fund as offsetting collections. (n) Section 804(2) of the National Energy that— (2)(A) The Commission shall calculate the Conservation Policy Act (42 U.S.C. 8287c.(2)) (A) assists low-income households in meet- rate for the public benefits charge for each is amended in paragraph (a)(2) by inserting ing their home energy needs; calendar year at an amount— ‘‘or water’’ after ‘‘energy’’ each place it ap- (B) provides for the planning, construction, (i) equal to $3 billion per year, divided by pears. or improvement of facilities to generate, the estimated kilowatt hours of electric en- (o) Section 804(3) of the National Energy transmit, or distribute electricity to Indian ergy to be generated by generators subject to Conservation Policy Act (42 U.S.C. 8287c.(3)) tribes or rural and remote communities; the charge, but is amended in paragraph (a)(3) by inserting (C) provides for the development and im- (ii) not to exceed 1 mill per kilowatt-hour. ‘‘or water’’ after ‘‘energy’’. plementation of measures to reduce the de- (B) Amounts collected in excess of $3 bil- (p) Section 804(4) of the National Energy mand for electricity; or lion in a fiscal year shall be retained in the Conservation Policy Act (42 U.S.C. 8287c.(3)) (D) provides for— fund and the assessment in the following is amended to read as follows: (i) new or additional capacity, or improves year shall be reduced by that amount. ‘‘(4) The term ‘‘energy or water conserva- the efficiency of existing capacity, from a (f) DISBURSAL FROM THE FUND.— tion measure’’ includes an ‘‘energy conserva- wind, biomass, geothermal, solar thermal, (1) The fiscal agent shall disburse amounts tion measure’’ as defined in section 551(4), or photovoltaic, combined heat and power en- in the Fund to participating States and trib- a ‘‘water conservation measure,’’ which is a ergy source, or al governments as a block grant to carry out measure applied to a Federal building that (ii) additional generating capacity eligible public purpose programs in accord- improves water efficiency, is life cycle cost achieved from increased efficiency at exist- ance with this subsection and rules pre- effective, and involves water conservation, ing hydroelectric dams or additions of new scribed under subsection (d). water recycling or reuse, improvements in capacity at existing hydroelectric dams; (2)(A) The fiscal agent shall disburse operation or maintenance efficiencies, ret- (2) the term ‘‘fiscal agent’’ means the enti- amounts for a calendar year from the Fund rofit activities or other related activities.’’. ty designated under subsection (b)(2)(B); to a State or tribal government in twelve (q) The seventh paragraph under the head- (3) the term ‘‘Fund’’ means the Public Ben- equal monthly payments beginning two ing ‘‘Administrative Provisions, Department efits Fund established under subsection months after the beginning of the calendar of Energy,’’ in title II of the Act Making Ap- (b)(2)(A); year. propriation for the Department of the Inte- (4) the term ‘‘Indian tribe’’ means any In- (B) The fiscal agent shall make distribu- rior and Related Agencies for the Fiscal Year dian tribe, band, nation, or other organized tions to the State or tribal government or to Ending September 30, 1999 is amended by in- group or community, including any Alaska an entity designated by the State or tribal serting ‘‘and water’’ after ‘‘energy’’ each Native village or regional or village corpora- government to receive payments. The State place it appears. tion as defined in or established pursuant to or tribal government may designate a non- (r) Section 101(e) of Public Law 105–277 is the Alaska Native Claims Settlement Act (43 regulated utility as an entity to receive pay- amended by— U.S.C. 1601 et seq.), which is recognized as el- ments under this section.

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(C) A State or tribal government may use ‘‘(13) SECRETARY.—The term ‘Secretary’ participated initially in the Alliance may amounts received only for the eligible public means the Secretary of Energy. subsequently elect to participate by con- purpose programs the State or tribal govern- ‘‘(14) WHOLESALE DISTRIBUTOR.—The term ducting a referendum under subsection (a). ment designated in its submission to the fis- ‘wholesale distributor’ means a person that— ‘‘(c) TERMINATION OR SUSPENSION.— cal agent and the fiscal agent determined el- ‘‘(A)(i) produces No. 1 distillate or No. 2 ‘‘(1) IN GENERAL.—On the initiative of the igible. dyed distillate; Alliance or on petition to the Alliance by re- (g) REPORT.—One year before the date of ‘‘(ii) imports No. 1 distillate or No. 2 dyed tail marketers and wholesale distributors expiration of this section, the Secretary distillate; or representing 35 percent of the volume of shall report to Congress whether a public ‘‘(iii) transports No. 1 distillate or No. 2 oilheat or weighted No. 1 distillate and No. 2 benefits fund should continue to exist. dyed distillate across State boundaries or dyed distillate in each class, the Alliance (h) SUNSET.—This section expires at mid- among local marketing areas; and shall, at its own expense, hold a referendum, night on December 31, 2015.’’. ‘‘(B) sells the distillate to another person to be conducted by an independent auditing SEC. 1104. NATIONAL OIL HEAT RESEARCH ALLI- that does not produce, import, or transport firm selected by the Alliance, to determine ANCE ACT No. 1 distillate or No. 2 dyed distillate across whether the oilheat industry favors termi- SEC. 101. DEFINITIONS. State boundaries or among local marketing nation or suspension of the Alliance. In this section: areas. ‘‘(2) VOLUME PERCENTAGES REQUIRED TO (1) ALLIANCE.—The term ‘‘Alliance’’ means ‘‘(15) STATE.—The term ‘State’ means the TERMINATE OR SUSPEND.—Termination or sus- a national oil heat research alliance estab- several States, except the State of Alaska. pension shall not take effect unless termi- lished under section 104. ‘‘SEC. 102. REFERENDA. nation or suspension is approved by— (2) CONSUMER EDUCATION.—The term ‘‘con- ‘‘(a) CREATION OF PROGRAM.— ‘‘(A) persons representing more than one- sumer education’’ means the provision of in- ‘‘(1) IN GENERAL.—The oilheat industry, half of the total volume of oilheat voted in formation to assist consumers and other per- through the qualified industry organization, the retail marketer class and more than one- sons in making evaluations and decisions re- may conduct, at its own expense, a ref- half of the total volume of weighted No. 1 garding oilheat and other nonindustrial com- erendum among retail marketers and whole- distillate and No. 2 dyed distillate voted in mercial or residential space or hot water sale distributors for the establishment of a the wholesale distributor class; or heating fuels. national oilheat research alliance. ‘‘(B) persons representing more than two- (3) EXCHANGE.—The term ‘‘exchange’’ ‘‘(2) REIMBURSEMENT OF COST.—The Alli- thirds of the total volume of fuel voted in ei- means an agreement that— ance, if established, shall reimburse the ther such class. (A) entitles each party or its customers to ‘‘(d) CALCULATION OF OILHEAT SALES.—For receive oilheat from the other party; and qualified industry organization for the cost of accounting and documentation for the ref- the purposes of this section and section 105, (B) requires only an insubstantial portion the volume of oilheat sold annually in a of the volumes involved in the exchange to erendum. ‘‘(3) CONDUCT.—A referendum under para- State shall be determined on the basis of in- be settled in cash or property other than the formation provided by the Energy Informa- oilheat. graph (1) shall be conducted by an independent auditing firm. tion Administration with respect to a cal- (4) INDUSTRY TRADE ASSOCIATION.—The endar year or other representative period. term ‘‘industry trade association’’ means an ‘‘(4) VOTING RIGHTS.— organization described in paragraph (3) or (6) ‘‘(A) RETAIL MARKETERS.—Voting rights of ‘‘SEC. 103. MEMBERSHIP. of section 501(c) of the Internal Revenue retail marketers in a referendum under para- ‘‘(a) SELECTION.— Code of 1986 that is exempt from taxation graph (1) shall be based on the volume of ‘‘(1) IN GENERAL.—Except as provided in under section 501(a) of that Code and is orga- oilheat sold in a State by each retail mar- subsection (c)(1)(C), the qualified industry nized for the purpose of representing the keter in the calendar year previous to the organization shall select members of the Al- oilheat industry. year in which the referendum is conducted or liance representing the oilheat industry in a (5) NO. 1 DISTILLATE.—The term ‘‘No. 1 dis- in another representative period. State form a list of nominees submitted by tillate’’ means fuel oil classified as No. 1 dis- ‘‘(B) WHOLESALE DISTRIBUTORS.—Voting the qualified State association in the State. tillate by the American Society for Testing rights of wholesale distributors in a ref- ‘‘(2) VACANCIES.—A vacancy in the Alliance and Materials. erendum under paragraph (1) shall be based shall be filled in the same manner as the (6) NO. 2 DYED DISTILLATE.—The term ‘‘No. on the volume of No. 1 distillate and No. 2 original selection. 2 dyed distillate’’ means fuel oil classified as dyed distillate sold in a State by each whole- ‘‘(b) REPRESENTATION.—In selecting mem- No. 2 distillate by the American Society for sale distributor in the calendar year previous bers of the Alliance, the qualified industry Testing and Materials that is indelibly dyed to the year in which the referendum is con- organization shall make best efforts to select in accordance with regulations prescribed by ducted or in another representative period, members that are representative of the the Secretary of the Treasury under section weighted by the ratio of the total volume of oilheat industry, including representation 4082(a)(2) of the Internal Revenue Code of No. 1 distillate and No. 2 dyed distillate sold of— 1986. for nonindustrial commercial and residential ‘‘(1) interstate and intrastate operators ‘‘(7) OILHEAT.—The term ‘oilheat’ means— space and hot water heating in the State to among retail marketers; ‘‘(A) No. 1 distillate; and the total volume of No. 1 distillate and No. ‘‘(2) wholesale distributors of No. 1 dis- ‘‘(B) No. 2 dyed distillate; 2 dyed distillate sold in that State. tillate and No. 2 dyed distillate; that is used as a fuel for nonindustrial com- ‘‘(5) ESTABLISHMENT BY APPROVAL OF TWO- ‘‘(3) large and small companies among mercial or residential space or hot water THIRDS.— wholesale distributors and retail marketers; heating. ‘‘(A) IN GENERAL.—Subject to subparagraph and ‘‘(8) OILHEAT INDUSTRY.— (B), on approval of persons representing two- ‘‘(4) diverse geographic regions of the coun- ‘‘(A) IN GENERAL.—The term ‘oilheat indus- thirds of the total volume of oilheat voted in try. try’ means— the retail marketer class and two-thirds of ‘‘(c) NUMBER OF MEMBERS.— ‘‘(i) persons in the production, transpor- the total weighted volume of No. 1 distillate ‘‘(1) IN GENERAL.—The membership of the tation, or sale of oilheat; and and No. 2 dyed distillate voted in the whole- Alliance shall be as follows: ‘‘(ii) persons engaged in the manufacture sale distributor class, the Alliance shall be ‘‘(A) One member representing each State or distribution of oilheat utilization equip- established and shall be authorized to levy with oilheat sales in excess of 32,000,000 gal- ment. assessments under section 107. lons per year. ‘‘(B) EXCLUSION.—The term ‘oilheat indus- ‘‘(B) REQUIREMENT OF MAJORITY OF RETAIL ‘‘(B) If fewer than 24 States are represented try’ does not include ultimate consumers of MARKETERS.—Except as provided in sub- under subparagraph (A), 1 member rep- oilheat. section (b), the oilheat industry in a State resenting each of the States with the highest ‘‘(9) PUBLIC MEMBER.—The term ‘public shall not participate in the Alliance if less volume of annual oilheat sales, as necessary member’ means a member of the Alliance de- than 50 percent of the retail marketer vote to cause the total number of States rep- scribed in section 105(c)(1)(F). in the State approves establishment of the resented under subparagraph (A) and this ‘‘(10) QUALIFIED INDUSTRY ORGANIZATION.— Alliance. subparagraph to equal 24. The term ‘qualified industry organization’ ‘‘(6) CERTIFICATION OF VOLUMES.—Each per- ‘‘(C) 5 representatives of retail marketers, means the National Association for Oilheat son voting in the referendum shall certify to 1 each to be selected by the qualified State Research and Education or a successor orga- the independent auditing firm the volume of associations of the 5 States with the highest nization. oilheat, No. 1 distillate, or No. 2 dyed dis- volume of annual oilheat sales. ‘‘(11) QUALIFIED STATE ASSOCIATION.—The tillate represented by the vote of the person. ‘‘(D) 5 additional representatives of retail term ‘qualified State association’ means the ‘‘(7) NOTIFICATION.—Not later than 90 days marketers. industry trade association or other organiza- after the date of enactment of this title, a ‘‘(E) 21 representatives of wholesale dis- tion that the qualified industry organization qualified State association may notify the tributors. or the Alliance determines best represents qualified industry organization in writing ‘‘(F) 6 public members, who shall be rep- retail marketers in a State. that a referendum under paragraph (1) will resentatives of significant users of oilheat, ‘‘(12) RETAIL MARKETER.—The term ‘retail not be conducted in the State. the oilheat research community, State en- marketer’ means a person engaged primarily ‘‘(b) SUBSEQUENT STATE PARTICIPATION.— ergy officials, or other groups knowledgeable in the sale of oilheat to ultimate consumers. The oilheat industry in a State that has not about oilheat.

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‘‘(2) FULL-TIME OWNERS OR EMPLOYEES.— ‘‘(1) research, development, and dem- lic accountant at least once each year and at Other than the public members, Alliance onstration; such other times as the Alliance may des- members shall be full-time owners or em- ‘‘(2) safety; ignate. ployees of members of the oilheat industry, ‘‘(3) consumer education; and ‘‘(B) AVAILABILITY OF AUDIT REPORTS.—Cop- except that members described in subpara- ‘‘(4) training. ies of each audit report shall be provided to graphs (C), (D), and (E) of paragraph (1) may ‘‘(c) ADMINISTRATION.— the Secretary, the members of the Alliance, be employees of the qualified industry orga- ‘‘(1) OFFICERS, COMMITTEES; BYLAWS.—The and the qualified industry organization, and, nization or an industry trade association. Alliance— on request, to other members of the oilheat ‘‘(d) COMPENSATION.—Alliance members ‘‘(A) shall select from among its members industry. shall receive no compensation for their serv- a chairperson and other officers as nec- ‘‘(C) POLICIES AND PROCEDURES— ice, nor shall Alliance members be reim- essary; ‘‘(i) IN GENERAL.—The Alliance shall estab- bursed for expenses relating to their service, ‘‘(B) may establish and authorize commit- lish policies and procedures for auditing except that public members, on request, may tees and subcommittees of the Alliance to compliance with this title. be reimbursed for reasonable expenses di- take specific actions that the Alliance is au- ‘‘(ii) CONFORMITY WITH GAAP.—The policies rectly related to participation in meetings of thorized to take; and and procedures established under clause (i) the Alliance. ‘‘(C) shall adopt bylaws for the conduct of shall conform with generally accepted ac- ‘‘(e) TERMS.— business and the implementation of this counting principles. ‘‘(1) IN GENERAL.—Subject to paragraph (4), title. ‘‘(g) PUBLIC ACCESS TO ALLIANCE PRO- a member of the Alliance shall serve a term ‘‘(2) SOLICITATION OF OILHEAT INDUSTRY CEEDINGS— of 3 years, except that a member filling an COMMENT AND RECOMMENDATIONS.—The Alli- ‘‘(1) PUBLIC NOTICE.—The Alliance shall unexpired term may serve a total of 7 con- ance shall establish procedures for the solici- give at least 30 days’ public notice of each secutive years. tation of oilheat industry comment and rec- meeting of the Alliance. ‘‘(2) TERM LIMIT.—A member may serve not ommendations on any significant contracts ‘‘(2) MEETINGS OPEN TO THE PUBLIC.—Each more than 2 full consecutive terms. and other agreements, programs, and meeting of the Alliance shall be open to the ‘‘(3) FORMER MEMBERS.—A former member projects to be funded by the Alliance. public. of the Alliance may be returned to the Alli- ‘‘(3) ADVISORY COMMITTEES.—The Alliance ‘‘(3) MINUTES.—The minutes of each meet- ance if the member has not been a member may establish advisory committees con- ing of the Alliance shall be made available to for a period of 2 years. sisting of persons other than Alliance mem- and readily accessible by the public. ‘‘(4) INITIAL APPOINTMENTS.—Initial ap- bers. ‘‘(h) ANNUAL REPORT.—Each year the Alli- pointments to the Alliance shall be for terms ‘‘(4) VOTING.—Each member of the Alliance ance shall prepare and make publicly avail- of 1, 2, and 3 years, as determined by the shall have 1 vote in matters before the Alli- able a report that— qualified industry organization, staggered to ance. ‘‘(1) includes a description of all programs, provide for the subsequent selection of one- ‘‘(d) ADMINISTRATIVE EXPENSES.— projects, and contracts and other agreements third of the members each year. ‘‘(1) IN GENERAL.—The administrative ex- undertaken by the Alliance during the pre- SEC. 104. FUNCTIONS. penses of operating the Alliance (not includ- vious year and those planned for the current ‘‘(a) IN GENERAL.— ing costs incurred in the collection of assess- year; and ‘‘(1) PROGRAMS, PROJECTS, CONTRACTS AND ments under section 107) plus amounts paid ‘‘(2) details the allocation of Alliance re- OTHER AGREEMENTS.—The Alliance— under paragraph (2) shall not exceed 7 per- sources for each such program and project. ‘‘(A) shall develop programs and projects cent of the amount of assessments collected and enter into contracts or other agreements in any calendar year, except that during the SEC. 105. ASSESSMENTS. with other persons and entities for imple- first year of operation of the Alliance such ‘‘(a) RATE.—The assessment rate shall be menting this title, including programs— expenses and amounts shall not exceed 10 equal to two-tenths-cent per gallon of No. 1 ‘‘(i) to enhance consumer and employee percent of the amount of assessments. distillate and No. 2 dyed distillate. safety and training; ‘‘(2) REIMBURSEMENT OF THE SECRETARY.— ‘‘(b) COLLECTION RULES— ‘‘(ii) to provide for research, development, ‘‘(A) IN GENERAL.—The Alliance shall annu- ‘‘(1) COLLECTION AT POINT OF SALE.—The as- and demonstration of clean and efficient ally reimburse the Secretary for costs in- sessment shall be collected at the point of oilheat utilization equipment; and curred by the Federal Government relating sale of No. 1 distillate and No. 2 dyed dis- ‘‘(iii) for consumer education; and to the Alliance. tillate by a wholesale distributor to a person ‘‘(B) may provide for the payment of the ‘‘(B) LIMITATION.—Reimbursement under other than a wholesale distributor, including costs of carrying out subparagraph (A) with subparagraph (A) for any calendar year shall a sale made pursuant to an exchange. assessments collected under section 107. not exceed the amount that the Secretary ‘‘(2) RESPONSIBILITY FOR PAYMENT.—A ‘‘(2) COORDINATION.—The Alliance shall co- wholesale distributor— ordinate its activities with industry trade determines is twice the average annual salary of 1 employee of the Department of En- ‘‘(A) shall be responsible for payment of an associations and other persons as appro- assessment to the Alliance on a quarterly priate to provide delivery of services and to ergy. UDGET.— basis; and avoid unnecessary duplication of activities. ‘‘(e) B ‘‘(1) PUBLICATION OF PROPOSED BUDGET.— ‘‘(B) shall provide to the Alliance certifi- ‘‘(3) ACTIVITIES.— cation of the volume of fuel sold. ‘‘(A) EXCLUSIONS.—Activities under clause Before August 1 of each year, the Alliance ‘‘(3) NO OWNERSHIP INTEREST.—A person (i) or (ii) of paragraph (1)(A) shall not in- shall publish for public review and comment that has no ownership interest in No. 1 dis- clude advertising, promotions, or consumer a proposed budget for the next calendar year, tillate or No. 2 dyed distillate shall not be surveys in support of advertising or pro- including the probable costs of all programs, responsible for payment of an assessment motions. projects, and contracts and other agree- under this section. ‘‘(B) RESEARCH, DEVELOPMENT, AND DEM- ments. ‘‘(4) FAILURE TO RECEIVE PAYMENT— ONSTRATION ACTIVITIES.— ‘‘(2) SUBMISSION TO THE SECRETARY AND ‘‘(i) IN GENERAL.—Research, development, CONGRESS.—After review and comment under ‘‘(A) REFUND.—A wholesale distributor and demonstration activities under para- paragraph (1), the Alliance shall submit the that does not receive payments from a pur- graph (1)(A)(ii) shall include— proposed budget to the Secretary and Con- chaser for No. 1 distillate or No. 2 dyed dis- ‘‘(I) all activities incidental to research, gress. tillate within 1 year of the date of sale may development, and demonstration of clean ‘‘(3) RECOMMENDATIONS BY THE SEC- apply for a refund from the Alliance of the and efficient oilheat utilization equipment; RETARY.—The Secretary may recommend for assessment paid. and inclusion in the budget programs and activi- ‘‘(B) AMOUNT.—The amount of a refund ‘‘(II) the obtaining of patents, including ties that the Secretary considers appro- shall not exceed the amount of the assess- payment of attorney’s fees for making and priate. ment levied on the No. 1 distillate or No. 2 perfecting a patent application. ‘‘(4) IMPLEMENTATION.—The Alliance shall dyed distillate for which payment was not ‘‘(ii) EXCLUDED ACTIVITIES.—Research, de- not implement a proposed budget until the received. velopment, and demonstration activities expiration of 60 days after submitting the ‘‘(5) IMPORTATION AFTER POINT OF SALE.— under paragraph (1)(A)(ii) shall not include proposed budget to the Secretary. The owner of No. 1 distillate or No. 2 dyed research, development, and demonstration of ‘‘(f) RECORDS; AUDITS— distillate imported after the point of sale— oilheat utilization equipment with respect to ‘‘(1) RECORDS.—The Alliance shall— ‘‘(A) shall be responsible for payment of which technically feasible and commercially ‘‘(A) keep records that clearly reflect all of the assessment to the Alliance at the point feasible operations have been verified, except the acts and transactions of the Alliance; at which the product enters the United that funds may be provided for improve- and States; and ments to existing equipment until the tech- ‘‘(B) make the records available to the pub- ‘‘(B) shall provide to the Alliance certifi- nical feasibility and commercial feasibility lic. cation of the volume of fuel imported. of the operation of those improvements have ‘‘(2) AUDITS— ‘‘(6) LATE PAYMENT CHARGE.—The Alliance been verified. ‘‘(A) IN GENERAL.—The records of the Alli- may establish a late payment charge and ‘‘(b) PRIORITIES.—In the development of ance (including fee assessment reports and rate of interest to be imposed on any person programs and projects, the Alliance shall applications for refunds under section who fails to remit or pay to the Alliance any give priority to issues relating to— 107(b)(4)) shall be audited by a certified pub- amount due under this title.

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‘‘(7) ALTERNATIVE COLLECTION RULES.—The basis. For purposes of indexing changes in under subsection (b), the complaining party, Alliance may establish, or approve a request oilheat, residential electricity, residential the Alliance, and any qualified State asso- of the oilheat industry in a State for, an al- natural gas, and propane prices, the Sec- ciation undertaking the consumer education ternative means of collecting the assessment retary of Commerce shall use a 5-year rolling activity with respect to which the complaint if another means is determined to be more average price beginning with the year 4 is made shall meet to attempt to resolve the efficient or more effective. years prior to the establishment of the Alli- complaint. ‘‘(c) SALE FOR USE OTHER THAN AS ance. ‘‘(2) WITHDRAWAL OF COMPLAINT.—If the OILHEAT.—No. 1 distillate and No. 2 dyed dis- ‘‘(b) AUTHORITY TO RESTRICT ACTIVITIES.— issues in dispute are resolved in those discus- tillate sold for uses other than as oilheat are If in any year the 5-year average price com- sions, the complaining party shall withdraw excluded from the assessment. posite index of consumer grade oilheat ex- its complaint. ‘‘(d) INVESTMENT OF FUNDS.—Pending dis- ceeds the 5-year rolling average price com- ‘‘(d) JUDICIAL REVIEW— bursement under a program, project, or con- posite index of residential electricity, resi- ‘‘(1) IN GENERAL.—A public utility filing a tract or other agreement the Alliance may dential natural gas, and propane in an complaint under this section, the Alliance, a invest funds collected through assessments, amount greater than 10.1 percent, the activi- qualified State association undertaking the and any other funds received by the Alliance, ties of the Alliance shall be restricted to re- consumer education activity with respect to only— search and development, training, and safety which a complaint under this section is ‘‘(1) in obligations of the United States or matters. The Alliance shall inform the Sec- made, or any person aggrieved by a violation any agency of the United States; retary of Energy and the Congress of any re- of subsection (a) may seek appropriate relief ‘‘(2) in general obligations of any State or striction of activities under this subsection. in United States district court. any political subdivision of a State; Upon expiration of 180 days after the begin- ‘‘(2) RELIEF.—A public utility filing a com- ‘‘(3) in any interest-bearing account or cerning of any such restriction of activities, the plaint under this section shall be entitled to tificate of deposit of a bank that is a member Secretary of Commerce shall again conduct temporary and injunctive relief enjoining of the Federal Reserve System; or the oilheat price analysis described in sub- the consumer education activity with re- ‘‘(4) in obligations fully guaranteed as to section (a). Activities of the Alliance shall spect to which a complaint under this sec- principal and interest by the United States. continue to be restricted under this sub- tion is made until— ‘‘(e) STATE, LOCAL, AND REGIONAL PRO- section until the price index excess is 10.1 ‘‘(A) the complaint is withdrawn; or ‘‘(B) the court has determined that the GRAMS— percent or less. consumer education activity complained of ‘‘(1) COORDINATION.—The Alliance shall es- ‘‘SEC. 107. COMPLIANCE. tablish a program coordinating the operation does not constitute a violation of subsection ‘‘(a) IN GENERAL.—The Alliance may bring (a). of the Alliance with the operator of any a civil action in United States district court similar State, local, or regional program cre- ‘‘(e) ATTORNEY’S FEES— to compel payment of an assessment under ‘‘(a) MERITORIOUS CASE.—In a case in Fed- ated under State law (including a regula- section 107. eral court in which the court grants a public tion), or similar entity. ‘‘(b) COSTS.—A successful action for com- utility injunctive relief under subsection (d), ‘‘(2) FUNDS MADE AVAILABLE TO QUALIFIED pliance under this section may also require the public utility shall be entitled to recover STATE ASSOCIATIONS— payment by the defendant of the costs in- an attorney’s fee from the Alliance and any ‘‘(A) IN GENERAL— curred by the Alliance in bringing the ac- qualified State association undertaking the ‘‘(i) BASE AMOUNT.—The Alliance shall tion. make available to the qualified State asso- consumer education activity with respect to ‘‘SEC. 108. LOBBYING RESTRICTIONS. which a complaint under this section is ciation of each State an amount equal to 15 ‘‘No funds derived from assessments under percent of the amount of assessments col- made. section 107 collected by the Alliance shall be ‘‘(2) NONMERITORIOUS CASE.—In any case lected in the State. used to influence legislation or elections, ex- under subsection (d) in which the court de- ‘‘(ii) ADDITIONAL AMOUNT.— cept that the Alliance may use such funds to termines a complaint under subsection (b) to ‘‘(I) IN GENERAL.—A qualified State asso- formulate and submit to the Secretary rec- ciation may request that the Alliance pro- be frivolous and without merit, the pre- ommendations for amendments to this title vide to the association any portion of the re- vailing party shall be entitled to recover an or other laws that would further the pur- maining 85 percent of the amount of assess- attorney’s fee. poses of this title. ‘‘(f) SAVINGS CLAUSE.—Nothing in this sec- ments collected in the State. ‘‘SEC. 109. DISCLOSURE. tion shall limit causes of action brought ‘‘(II) REQUEST REQUIREMENTS.—A request under any other law. under this clause shall— ‘‘Any consumer education activity under- ‘‘(aa) specify the amount of funds re- taken with funds provided by the Alliance ‘‘SEC. 111. SUNSET. quested; shall include a statement that the activities ‘‘This title shall cease to be effective as of ‘‘(bb) describe in detail the specific uses for were supported, in whole or in part, by the the date that is 4 years after the date on which the requested funds are sought; Alliance. which the Alliance is established.’’ ‘‘(cc) include a commitment to comply ‘‘SEC. 110. VIOLATIONS. TITLE XII—ELECTRICITY with this title in using the requested funds; ‘‘(a) PROHIBITION.—It shall be unlawful for SEC. 1201. COMPREHENSIVE INDIAN ENERGY and any person to conduct a consumer education PROGRAM. ‘‘(dd) be made publicly available. activity, undertaken with funds derived from (a) Title XXVI of the Energy Policy Act of ‘‘(III) DIRECT BENEFIT.—The Alliance shall assessments collected by the Alliance under 1992 (25 U.S.C. 3501–3506) is amended by add- not provide any funds in response to a re- section 107, that includes— ing after section 2606 the following new sec- quest under this clause unless the Alliance ‘‘(1) a reference to a private brand name; tion— determines that the funds will be used to di- ‘‘(2) a false or unwarranted claim on behalf ‘‘SEC. 2607. COMPREHENSIVE INDIAN ENERGY rectly benefit the oilheat industry. of oil heat or related products; or PROGRAM. ‘‘(3) a reference with respect to the at- ‘‘(IV) MONITORING; TERMS, CONDITIONS, AND ‘‘(a) Definitions.—For purposes of this sec- tributes or use of any competing product. REPORTING REQUIREMENTS.—The Alliance tion— ‘‘(b) COMPLAINTS— shall— ‘‘(1) ‘‘Director’’ means the Director of the ‘‘(1) IN GENERAL.—A public utility that is ‘‘(aa) monitor the use of funds provided Office of Indian Energy Policy and Programs aggrieved by a violation described in sub- under this clause; and established by section 217 of the Department section (a) may file a complaint with the Al- ‘‘(bb) impose whatever terms, conditions, of Energy Organization Act, and liance. and reporting requirements that the Alliance ‘‘(2) ‘‘Indian land’’ means— ‘‘(2) TRANSMITTAL TO QUALIFIED STATE AS- considers necessary to ensure compliance ‘‘(A) any land within the limits of an In- SOCIATION.—A complaint shall be trans- with this title. dian reservation, pueblo, or ranchera; mitted concurrently to any qualified State ‘‘(B) any land not within the limits of an ‘‘SEC. 106. MARKET SURVEY AND CONSUMER association undertaking the consumer edu- Indian reservation, pueblo, or ranchera PROTECTION. cation activity with respect to which the whose title on the date of enactment of this ‘‘(a) PRICE ANALYSIS.—Beginning 2 years complaint is made. section was held— after establishment of the Alliance and an- ‘‘(3) CESSATION OF ACTIVITIES.—On receipt ‘‘(i) in trust by the United States for the nually thereafter, the Secretary of Com- of a complaint under this subsection, the Al- benefit of an Indian tribe, merce, using only data provided by the En- liance, and any qualified State allocation ‘‘(ii) by an Indian tribe subject to restric- ergy Information Administration and other undertaking the consumer education activ- tion by the United States against alienation, public sources, shall prepare and make avail- ity with respect to which the complaint is or able to the Congress, the Alliance, the Sec- made, shall cease that consumer education ‘‘(iii) by a dependent Indian community; retary of Energy, and the public, an analysis activity until— and of changes in the price of oilheat relative to ‘‘(A) the complaint is withdrawn; or ‘‘(C) land conveyed to an Alaska Native other energy sources. The oilheat price anal- ‘‘(B) a court determines that the conduct Corporation under the Alaska Native Claims ysis shall compare indexed changes in the of the activity complained of does not con- Settlement Act. price of consumer grade oilheat to a com- stitute a violation of subsection (a). ‘‘(b) Indian Energy Education, Planning posite of indexed changes in the price of resi- ‘‘(c) RESOLUTION BY PARTIES— and Management Assistance.—(1) The Direc- dential electricity, residential natural gas, ‘‘(1) IN GENERAL.—Not later than 10 days tor shall establish programs within the Of- and propane on an annual national average after a complaint is filed and transmitted fice of Indian Energy Policy and Programs to

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9502 CONGRESSIONAL RECORD — SENATE September 28, 2000 assist Indian tribes to meet their energy edu- ‘‘(b) The Director shall provide, direct, fos- 6811 et seq.) is amended by adding at the end cation, research and development, planning, ter, coordinate, and implement energy plan- the following: and management needs. ning, education, management, conservation, ‘‘Subpart 5—Community Technology Centers ‘‘(2) The Director may make grants, on a and delivery programs of the Department competitive basis, to an Indian tribe for— that— ‘‘SEC. 3161. PURPOSE; PROGRAM AUTHORITY. ‘‘(A) renewable, energy efficiency, and con- ‘‘(1) promote tribal energy efficiency and ‘‘(a) PURPOSE.—It is the purpose of this servation programs; utilization; subpart to assist eligible applicants to— ‘‘(B) studies and other activities sup- ‘‘(2) modernized and develop, for the ben- ‘‘(1) create or expand community tech- porting tribal acquisition of energy supplies, efit of Indian tribes, tribal energy and eco- nology centers that will provide disadvan- services, and facilities; and nomic infrastructure related to natural re- taged residents of economically distressed ‘‘(C) planning, constructing, developing, source development and electrification; urban and rural communities with access to operating, maintaining, and improving tribal ‘‘(3) preserve and promote tribal sov- information technology and related training; electrical generation, transmission, and dis- ereignty and self determination related to and tribution facilities. energy matters and energy deregulation; ‘‘(2) provide technical assistance and sup- ‘‘(3) The Director may develop, in consulta- ‘‘(4) lower or stabilize energy costs; and port to community technology centers. tion with Indian tribes, a formula for mak- ‘‘(5) electrify tribal members’ homes and ‘‘(b) PROGRAM AUTHORITY.— ing grants under this section. The formula tribal lands. ‘‘(1) IN GENERAL.—The Secretary is author- may take into account the following— ‘‘(c) The Director shall carry out the duties ized, through the Office of Educational Tech- ‘‘(A) total number of acres of Indian land assigned the Secretary under title XXVI of nology, to award grants, contracts, or coop- owned by an Indian tribe; the Energy Policy Act of 1992 (25 U.S.C. 3501 erative agreements on a competitive basis to ‘‘(B) total number of households on the et seq.).’’. eligible applicants in order to assist such ap- tribe’s Indian land; (c) Conforming Amendment. Section plicants in— ‘‘(C) total number of households on the In- 2603(c) of the Energy Policy Act of 1992 (25 ‘‘(A) creating or expanding community dian tribe’s Indian land that have no elec- U.S.C. 3503(c)) is amended to read as follows: technology centers; or tricity service or are underserved; and ‘‘(c) There are authorized to be appro- ‘‘(B) providing technical assistance and ‘‘(D) financial or other assets available to priated such sums as may be necessary to support to community technology centers. the tribe from any source. carry out the purposes of this section.’’ ‘‘(2) PERIOD OF AWARD.—The Secretary may ‘‘(4) In making a grant under paragraph (b) The table of contents of the Depart- award grants, contracts, or cooperative (2)(E), the Director shall give priority to an ment of Energy Act is amended by inserting agreements under this subpart for a period of application received from an Indian tribe after the item relating to section 216 the fol- not more than 3 years. that is not served or served inadequately by lowing new item: ‘‘(3) SERVICE OF AMERICORPS PARTICI- an electric utility, as that term is defined in ‘‘217. Office of Indian Energy Policy and Pro- PANTS.—The Secretary may collaborate with section 3(4) of the Public Utility Regulatory grams.’’. the Chief Executive Officer of the Corpora- Policies Act of 1978 (16 U.S.C. 2602(4)), or by (c) Section 5315 of title 5, United States tion for National and Community Service on a person, State agency, or any other non-fed- Code, is amended by inserting ‘‘Director, Of- the use of participants in National Service eral entity that owns or operates a local dis- fice of Indian Energy Policy and Programs, programs carried out under subtitle C of tribution facility used for the sale of electric Department of Energy.’’ after ‘‘Director, Of- title I of the National and Community Serv- energy to an electric consumer. fice of Science, Department of Energy.’’. ice Act of 1990 in community technology cen- ‘‘(5) There are authorized to be appro- SEC. 1202. INTERCONNECTION. ters. priated to the Department of Energy such Title II of the Federal Power Act is further ‘‘SEC. 3162. ELIGIBILITY AND APPLICATION RE- sums as may be necessary to carry out the amended by adding after section 210 (16 QUIREMENTS. purposes of this section. U.S.C. 824i) the following: ‘‘(a) ELIGIBLE APPLICANTS.—In order to be ‘‘(c) Application of Buy Indian Act.—(1) An eligible to receive an award under this sub- agency or department of the United States ‘‘SEC. 210A. INTERCONNECTION OF DISTRIBUTED GENERATION FACILITIES. part, an applicant shall— Government may give, in the purchase and ‘‘(a) RULEMAKING AUTHORITY.—Not later ‘‘(1) have the capacity to expand signifi- sale of electricity, oil, gas, coal, or other en- than one year after the date of enactment of cantly access to computers and related serv- ergy product or by-product produced, con- this section, the Commission shall adopt ices for disadvantaged residents of economi- verted, or transferred on Indian lands, pref- rules to ensure the interconnection of dis- cally distressed urban and rural commu- erence, under section 23 of the Act of June tributed generation facilities to local dis- nities (who would otherwise be denied such 25, 1910 (25 U.S.C. 47) (commonly known as tribution facilities of an electric utility. access); and the ‘‘Buy Indian Act’’), to an energy and re- ‘‘(b) INTERCONNECTION AUTHORITY.—Upon ‘‘(2) be— source production enterprise, partnership, the application of the owner or operator of a ‘‘(A) an entity such as a foundation, mu- corporation, or other type of business orga- distributed generation facility, the Commis- seum, library, for-profit business, public or nization majority or wholly owned and con- sion may issue an order requiring the phys- private nonprofit organization, or commu- trolled by an Indian, a tribal government, or ical connection of the local distribution fa- nity-based organization; a business, enterprise, or operation of the cilities of an electric utility with the distrib- ‘‘(B) an institution of higher education; American Indian Tribal Governments. uted generation facility of the applicant. ‘‘(C) a State educational agency; ‘‘(2) In implementing this subsection, an ‘‘(c) STATE AUTHORITY.—Any interconnec- ‘‘(D) a local educational agency; or agency or department shall pay no more for tion ordered under this section shall be sub- ‘‘(E) a consortium of entities described in energy production than the prevailing mar- ject to regulation by the appropriate State subparagraphs (A), (B), (C), or (D). ket price and shall obtain no less than exist- commission. ‘‘(b) APPLICATION REQUIREMENTS.—In order ing market terms and conditions. ‘‘(d) DEFINITION.—As used in this section, to receive an award under this subpart, an ‘‘(d) This section does not— the term ‘‘distributed generation facility’’ eligible applicant shall submit an applica- ‘‘(1) limit the discretion vested in an Ad- means— tion to the Secretary at such time, and con- ministrator of a Federal Power Administra- ‘‘(1) a small-scale electric power genera- taining such information, as the Secretary tion to market and allocate Federal power, tion facility that is designed to serve cus- may require. Such application shall in- or tomers at or near the facility, or clude— ‘‘(2) alter Federal laws under which a Fed- ‘‘(2) a facility using a single fuel source to ‘‘(1) a description of the proposed project, eral Power Administration markets, allo- produce at the point of use either electric or including a description of the magnitude of cates, or purchases power.’’. mechanical power and thermal energy.’’. the need for the services and how the project (b) Office of Indian Policy and Programs. would expand access to information tech- Title II of the Department of Energy Organi- nology and related services to disadvantaged zation Act is amended by inserting the fol- MIKULSKI (AND OTHERS) residents of an economically distressed lowing after section 216: AMENDMENTS NOS. 4228–4229 urban or rural community; ‘‘OFFICE OF INDIAN ENERGY POLICY AND (Ordered to lie on the table.) ‘‘(2) a demonstration of— PROGRAMS. Ms. MIKULSKI (for herself, Mr. KEN- ‘‘(A) the commitment, including the finan- ‘‘SEC. 217. (a) There is established within NEDY, and Mr. BINGAMAN) submitted an cial commitment, of entities such as institu- the Department an Office of Indian Energy amendment intended to be proposed by tions, organizations, business and other Policy and Programs. This Office shall be them to the bill, S. 2045, supra; as fol- groups in the community that will provide headed by a Director, who shall be appointed lows: support for the creation, expansion, and con- by the Secretary and compensated at the tinuation of the proposed project; and rate equal to that of level IV of the Execu- AMENDMENT NO. 4228 ‘‘(B) the extent to which the proposed tive Schedule under section 5315 of Title 5, At the appropriate place, insert the fol- project establishes linkages with other ap- United States Code. The Director shall per- lowing: propriate agencies, efforts, and organizations form the duties assigned the Director under SEC. ll. COMMUNITY TECHNOLOGY CENTERS. providing services to disadvantaged resi- the Comprehensive Indian Energy Act and Part A of title III of the Elementary and dents of an economically distressed urban or this section. Secondary Education Act of 1965 (20 U.S.C. rural community;

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9503 ‘‘(3) a description of how the proposed SEC. ll. SCHOOL TECHNOLOGY RESOURCE ‘‘(2) be— project would be sustained once the Federal GRANTS. ‘‘(A) an entity such as a foundation, mu- funds awarded under this subpart end; and Section 3114(a) of the Elementary and Sec- seum, library, for-profit business, public or ‘‘(4) a plan for the evaluation of the pro- ondary Education Act of 1965 (20 U.S.C. private nonprofit organization, or commu- gram, which shall include benchmarks to 6814(a)) is amended by adding at the end the nity-based organization; monitor progress toward specific project ob- following: ‘‘(B) an institution of higher education; jectives. ‘‘(3) TEACHER TRAINING IN TECHNOLOGY.—In ‘‘(C) a State educational agency; ‘‘(c) MATCHING REQUIREMENTS.—The Fed- addition to any other funds appropriated to ‘‘(D) a local educational agency; or eral share of the cost of any project funded carry out subpart 2, there are authorized to ‘‘(E) a consortium of entities described in under this subpart shall not exceed 50 per- be appropriated $127,000,000 to carry out sub- subparagraphs (A), (B), (C), or (D). cent. The non-Federal share of such project part 2 (other than section 3136) for fiscal year ‘‘(b) APPLICATION REQUIREMENTS.—In order may be in cash or in kind, fairly evaluated, 2001 and such sums as may be necessary for to receive an award under this subpart, an including services. each of the 4 succeeding fiscal years. Funds eligible applicant shall submit an applica- appropriated under this paragraph shall be tion to the Secretary at such time, and con- ‘‘SEC. 3163. USES OF FUNDS. used to carry out teacher training in tech- taining such information, as the Secretary ‘‘(a) REQUIRED USES.—A recipient shall use nology in accordance with subpart 2 (other may require. Such application shall in- funds under this subpart for— than section 3136).’’. clude— ‘‘(1) creating or expanding community SEC. ll. NEW TEACHER TRAINING. ‘‘(1) a description of the proposed project, technology centers that expand access to in- (a) GRANTS AUTHORIZED.—The Secretary of including a description of the magnitude of formation technology and related training Education is authorized to award grants, on the need for the services and how the project for disadvantaged residents of distressed a competitive basis, to institutions of higher would expand access to information tech- urban or rural communities; and education to enable the institutions to train nology and related services to disadvantaged ‘‘(2) evaluating the effectiveness of the students entering the teaching workforce to residents of an economically distressed project. use technology effectively in the classroom. urban or rural community; ‘‘(b) PERMISSIBLE USES.—A recipient may (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) a demonstration of— use funds under this subpart for activities, There are authorized to be appropriated to ‘‘(A) the commitment, including the finan- described in its application, that carry out carry out this subsection $150,000,000 for fis- cial commitment, of entities such as institu- the purposes of this subpart, such as— cal year 2001 and such sums as may be nec- tions, organizations, business and other ‘‘(1) supporting a center coordinator, and essary for each of the 4 succeeding fiscal groups in the community that will provide staff, to supervise instruction and build com- years. support for the creation, expansion, and con- munity partnerships; tinuation of the proposed project; and ‘‘(2) acquiring equipment, networking ca- AMENDMENT NO. 4229 ‘‘(B) the extent to which the proposed pabilities, and infrastructure to carry out At the appropriate place, insert the fol- project establishes linkages with other ap- the project; and lowing: propriate agencies, efforts, and organizations ‘‘(3) developing and providing services and providing services to disadvantaged resi- SEC. ll. COMMUNITY TECHNOLOGY CENTERS. activities for community residents that pro- dents of an economically distressed urban or Part A of title III of the Elementary and vide access to computers, information tech- rural community; Secondary Education Act of 1965 (20 U.S.C. nology, and the use of such technology in ‘‘(3) a description of how the proposed 6811 et seq.) is amended by adding at the end support of pre-school preparation, academic project would be sustained once the Federal the following: achievement, lifelong learning, and work- funds awarded under this subpart end; and force development, such as the following: ‘‘Subpart 5—Community Technology Centers ‘‘(4) a plan for the evaluation of the pro- ‘‘(A) After-school activities in which chil- ‘‘SEC. 3161. PURPOSE; PROGRAM AUTHORITY. gram, which shall include benchmarks to dren and youths use software that provides ‘‘(a) PURPOSE.—It is the purpose of this monitor progress toward specific project ob- academic enrichment and assistance with subpart to assist eligible applicants to— jectives. homework, develop their technical skills, ex- ‘‘(1) create or expand community tech- ‘‘(c) MATCHING REQUIREMENTS.—The Fed- plore the Internet, and participate in multi- nology centers that will provide disadvan- eral share of the cost of any project funded media activities, including web page design taged residents of economically distressed under this subpart shall not exceed 50 per- and creation. urban and rural communities with access to cent. The non-Federal share of such project ‘‘(B) Adult education and family literacy information technology and related training; may be in cash or in kind, fairly evaluated, activities through technology and the Inter- and including services. net, including— ‘‘(2) provide technical assistance and sup- ‘‘SEC. 3163. USES OF FUNDS. ‘‘(i) General Education Development, port to community technology centers. ‘‘(a) REQUIRED USES.—A recipient shall use English as a Second Language, and adult ‘‘(b) PROGRAM AUTHORITY.— funds under this subpart for— basic education classes or programs; ‘‘(1) IN GENERAL.—The Secretary is author- ‘‘(1) creating or expanding community ‘‘(ii) introduction to computers; ized, through the Office of Educational Tech- technology centers that expand access to in- ‘‘(iii) intergenerational activities; and nology, to award grants, contracts, or coop- formation technology and related training ‘‘(iv) lifelong learning opportunities. erative agreements on a competitive basis to for disadvantaged residents of distressed ‘‘(C) Career development and job prepara- eligible applicants in order to assist such ap- urban or rural communities; and tion activities, such as— plicants in— ‘‘(2) evaluating the effectiveness of the ‘‘(i) training in basic and advanced com- ‘‘(A) creating or expanding community project. puter skills; technology centers; or ‘‘(b) PERMISSIBLE USES.—A recipient may ‘‘(ii) resume writing workshops; and ‘‘(B) providing technical assistance and use funds under this subpart for activities, ‘‘(iii) access to databases of employment support to community technology centers. described in its application, that carry out opportunities, career information, and other ‘‘(2) PERIOD OF AWARD.—The Secretary may the purposes of this subpart, such as— online materials. award grants, contracts, or cooperative ‘‘(1) supporting a center coordinator, and ‘‘(D) Small business activities, such as— agreements under this subpart for a period of staff, to supervise instruction and build com- ‘‘(i) computer-based training for basic en- not more than 3 years. munity partnerships; trepreneurial skills and electronic com- ‘‘(3) SERVICE OF AMERICORPS PARTICI- ‘‘(2) acquiring equipment, networking ca- merce; and PANTS.—The Secretary may collaborate with pabilities, and infrastructure to carry out ‘‘(ii) access to information on business the Chief Executive Officer of the Corpora- the project; and start-up programs that is available online, or tion for National and Community Service on ‘‘(3) developing and providing services and from other sources. the use of participants in National Service activities for community residents that pro- ‘‘(E) Activities that provide home access to programs carried out under subtitle C of vide access to computers, information tech- computers and technology, such as assist- title I of the National and Community Serv- nology, and the use of such technology in ance and services to promote the acquisition, ice Act of 1990 in community technology cen- support of pre-school preparation, academic installation, and use of information tech- ters. achievement, lifelong learning, and work- nology in the home through low-cost solu- ‘‘SEC. 3162. ELIGIBILITY AND APPLICATION RE- force development, such as the following: tions such as networked computers, web- QUIREMENTS. ‘‘(A) After-school activities in which chil- based television devices, and other tech- ‘‘(a) ELIGIBLE APPLICANTS.—In order to be dren and youths use software that provides nology. eligible to receive an award under this sub- academic enrichment and assistance with ‘‘SEC. 3164. AUTHORIZATION OF APPROPRIA- part, an applicant shall— homework, develop their technical skills, ex- TIONS. ‘‘(1) have the capacity to expand signifi- plore the Internet, and participate in multi- ‘‘For purposes of carrying out this subpart, cantly access to computers and related serv- media activities, including web page design there is authorized to be appropriated ices for disadvantaged residents of economi- and creation. $100,000,000 for fiscal year 2001 and such sums cally distressed urban and rural commu- ‘‘(B) Adult education and family literacy as may be necessary for each of the 4 suc- nities (who would otherwise be denied such activities through technology and the Inter- ceeding fiscal years.’’. access); and net, including—

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9504 CONGRESSIONAL RECORD — SENATE September 28, 2000 ‘‘(i) General Education Development, KENNEDY AMENDMENTS NOS. 4231– USE OF FEES FOR DUTIES RELATING TO PETI- English as a Second Language, and adult 4237 TIONS. basic education classes or programs; Section 286(s)(5) of the Immigration and ‘‘(ii) introduction to computers; (Ordered to lie on the table.) Nationality Act (8 U.S.C. (s)(5) is amended to ‘‘(iii) intergenerational activities; and Mr. KENNEDY submitted seven read as follows:—4 percent of the amounts ‘‘(iv) lifelong learning opportunities. amendments intended to be proposed deposited into the H–1B Nonimmigrant Peti- ‘‘(C) Career development and job prepara- by him to the bill, S. 2045, supra; as fol- tioner Account shall remain available to the tion activities, such as— lows: Attorney General until expended to carry out duties under paragraphs (1) and (9) of ‘‘(i) training in basic and advanced com- AMENDMENT NO. 4231 puter skills; section 214(c) related to petitions made for At the appropriate place, add the fol- nonimmigrants describes in section ‘‘(ii) resume writing workshops; and lowing: ‘‘(iii) access to databases of employment 101(a)(15)(H)(i)(b), under paragraph (1)(c) or IMPOSITION OF FEES. opportunities, career information, and other (D) of section 204 related to petitions for im- Section 214(c)(9)(A) of the Immigration and online materials. migrants described in section 203(b), and Nationality Act (8 U.S.C. 1184(c)(9)(A) is ‘‘(D) Small business activities, such as— under section 212(n)(5). amended by striking ‘‘(excluding’’ and all Notwithstanding any other provision of ‘‘(i) computer-based training for basic en- that follows through ‘‘2001)’’ and inserting this Act, the figure on page 11, line 2 is trepreneurial skills and electronic com- ‘‘(excluding any employer any that is a pri- deemed to be ‘‘22 percent’’; the figure on merce; and mary or secondary education installation, an page 12, line 25 deemed to be ‘‘4 percent’’; and ‘‘(ii) access to information on business institution of the higher education, as de- the figure on page 13 line 2 is deemed to be start-up programs that is available online, or fined in section 101(a) of the Higher Edu- ‘‘2 percent’’. from other sources. cation Act of 1965 (20 U.S.C. 1001(a)), a non- ‘‘(E) Activities that provide home access to profit entity which engages in established AMENDMENT NO. 4235 computers and technology, such as assist- curriculum-related clinical training of stu- At the appropriate place, add the fol- ance and services to promote the acquisition, dents registered at any such institution, a lowing: installation, and use of information tech- nonprofit research organization, or a govern- PARTNERSHIP CONSIDERATIONS. nology in the home through low-cost solu- mental research organization) filing’’. Consideration in the awarding of grants tions such as networked computers, web- shall be given to any partnership that in- based television devices, and other tech- AMENDMENT NO. 4232 volves a labor-management partnership, vol- nology. At the appropriate place, add the fol- untarily agreed to by labor and manage- ‘‘SEC. 3164. AUTHORIZATION OF APPROPRIA- lowing: ment, with the ability to devise and imple- TIONS. ment a strategy for assessing the employ- ‘‘For purposes of carrying out this subpart, RECRUITMENT FROM UNDERREPRESENTED MI- NORITY GROUPS. ment and training needs of United States there is authorized to be appropriated Section 212(n)(1) of the Immigration and workers and obtaining services to meet such $100,000,000 for fiscal year 2001 and such sums Nationality Act (8 U.S.C. 1182(n)(1)), as needs. as may be necessary for each of the 4 suc- amended by section 202, is further amended ceeding fiscal years.’’. by inserting after subparagraph (H) the fol- AMENDMENT NO. 4236 SEC. ll. SCHOOL TECHNOLOGY RESOURCE lowing: Notwithstanding any other provisions, sec- GRANTS. ‘‘(I) The employer certifies that the em- tion (g)(5) is null and void and the following Section 3114(a) of the Elementary and Sec- ployer— section shall apply in lieu thereof: ondary Education Act of 1965 (20 U.S.C. ‘‘(i) is taking steps to recruit qualified Section 214(g) of the Immigration and na- 6814(a)) is amended by adding at the end the United States workers who are members of tionality Act (8 U.S.C. 1184(g)), as amended following: underrepresented minority groups, includ- by section 2, is further amended by adding at ‘‘(3) TEACHER TRAINING IN TECHNOLOGY.—In ing— the end of the following new paragraphs: addition to any other funds appropriated to ‘‘(I) recruiting at a wide geographical dis- ‘‘(5)(A) Of the total number of aliens au- carry out subpart 2, there are authorized to tribution of institutions of higher education, thorized to be granted nonimmigrant status be appropriated $127,000,000 to carry out sub- including historically black colleges and uni- under section 101(a)(15)(H)(i)(b) in a fiscal part 2 (other than section 3136) for fiscal year versities, other minority institutions, com- year, not less than 12,000 shall be non- 2001 and such sums as may be necessary for munity colleges, and vocational and tech- immigrant aliens issued visas or otherwise each of the 4 succeeding fiscal years. Funds nical colleges; and provided status under section appropriated under this paragraph shall be ‘‘(II) advertising of jobs to publications 101(a)(15)(H)(i)(b) who are employed (or have used to carry out teacher training in tech- reaching underrepresented groups of United received an offer of employment) at— nology in accordance with subpart 2 (other States workers, including workers older than ‘‘(i) an institution of higher education (as than section 3136).’’. 35, minority groups, non-English speakers, defined in section 101(a) of the Higher Edu- SEC. ll. NEW TEACHER TRAINING. and disabled veterans, and cation Act of 1965 (20 U.S.C. 1001(a))), or a re- (a) GRANTS AUTHORIZED.—The Secretary of ‘‘(ii) will submit to the Secretary of Labor lated or affiliated nonprofit entity; Education is authorized to award grants, on at the end of each fiscal year in which the ‘‘(ii) a nonprofit entity that engages in es- a competitive basis, to institutions of higher employer employs an H–1B worker a report tablished curriculum-related clinical train- education to enable the institutions to train that describes the steps so taken. ing of students registered at any such insti- students entering the teaching workforce to For purposes of this subparagraph, the tution; or (iii) a nonprofit research organization or a use technology effectively in the classroom. term ‘minority’ includes individuals who are government research organization. (b) AUTHORIZATION OF APPROPRIATIONS.— African-American, Hispanic, Asian, and ‘‘(B) To the extent the 12,000 visas or There are authorized to be appropriated to women.’’. grants of status specified in subparagraph carry out this subsection $150,000,000 for fis- (A) are not issued or provided by the end of cal year 2001 and such sums as may be nec- AMENDMENT NO. 4233 the third quarter of each fiscal year, avail- essary for each of the 4 succeeding fiscal At the appropriate place, add the fol- able for aliens described in paragraph (6) as years. lowing: well as aliens described in subparagraph (A). DEPARTMENT OF LABOR SURVEY; REPORT. ‘‘(6) Of the total number of aliens author- CONRAD AMENDMENT NO. 4230 (1) SURVEY.—The Secretary of Labor shall ized to be granted nonimmigrant status conduct an ongoing survey of the level of (Ordered to lie on the table.) under section 101(a)(15)(H)(i)(b), not less than compliance by employers with the provisions 40 percent for fiscal year 2000, not less than Mr. CONRAD (for himself and Mr. and requirements of the H–1B visa program. 45 percent for fiscal year 2001, and not less BROWNBACK) submitted an amendment In conducting this survey, the Secretary than 50 percent for fiscal year 2002, are au- intended to be proposed by them to the shall use an independently developed random thorized for such status only if the aliens bill, S. 2045, supra; as follows: sample of employers that have petitioned have attained at least a master’s degree from At the appropriate place, add the fol- the INS for H–1B visas. The Secretary is au- an institution of higher education (as defined lowing: thorized to pursue appropriate penalties in section 101(a) of the Higher Education Act SEC. . EXCLUSION OF CERTAIN ‘‘J’’ NON- where appropriate. of 1965 (20 U.S.C. 1001(a))) in the United IMMIGRANTS FROM NUMERICAL (2) REPORT.—Beginning 2 years after the States or an equivalent degree (as deter- LIMITATIONS APPLICABLE TO ‘‘H– date of enactment of this Act, and biennially mined in a credential evaluation performed 1B’’ NONIMMIGRANTS. thereafter, the Secretary of Labor shall sub- by a private entity prior to filing a petition) The numerical limitations contained in mit a report to Congress containing the find- from such an institution abroad.’’. section 2 of this Act shall not apply to any ings of the survey conducted during the pre- Notwithstanding any other provision of nonimmigrant alien granted a waiver that is ceding 2-year period. this Act, the figure on page 2, line 3 is subject to the limitation contained in para- deemed to be ‘‘200,000’’; the figure on page 2, graph (1)(B) of the first section 214(l) of the AMENDMENT NO. 4234 line 4 is deemed to be ‘‘200,000’’; and the fig- Immigration and Nationality Act (relating At the appropriate place, add the fol- ure on page 2, line 5 is deemed to be to restrictions on waivers). lowing: ‘‘200,000’’.

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AMENDMENT NO. 4237 ‘‘NICARAGUANS, CUBANS, SALVADORANS, GUA- out regard to the requirement that the con- Notwithstanding any other provisions, sec- TEMALANS, HONDURANS, AND HAITIANS’’; sent be granted prior to the date of the tion (g)(5) is null and void and the following (2) in subsection (a)(1)(A), by striking alien’s reembarkation at a place outside the section shall apply in lieu thereof: ‘‘2000’’ and inserting ‘‘2003’’; United States or attempt to be admitted Section 214(g) of the Immigration and Na- (3) in subsection (b)(1), by striking ‘‘Nica- from foreign contiguous territory, in order tionality Act (8 U.S.C. 1184(g)), as amended ragua or Cuba’’ and inserting ‘‘Nicaragua, to qualify for the exception to those grounds by section 2, is further amended by adding at Cuba, El Salvador, Guatemala, Honduras, or of inadmissibility set forth in section the end the following new paragraphs: Haiti’’; and 212(a)(9) (A)(iii) and (C)(ii) of such Act.’’; and ‘‘(5)(A) Of the total number of aliens au- (4) in subsection (d)— (D) by amending paragraph (3) (as redesig- thorized to granted nonimmigrant status (A) in subparagraph (A), by striking ‘‘Nica- nated by subparagraph (B)) to read as fol- under section 101(a)(15)(H)(i)(b) in a fiscal ragua or Cuba’’ and inserting ‘‘Nicaragua, lows: year, not less than 12,000 shall be non- Cuba, El Salvador, Guatamala, Honduras, or ‘‘(3) RELATIONSHIP OF APPLICATION TO CER- immigrant aliens issued visas or otherwise Haiti; and TAIN ORDERS.—An alien present in the United provided status under section (B) in subparagraph (E), by striking ‘‘2000’’ States who has been ordered excluded, de- 101(a)(15)(H)(i)(b) who are employed (or have and inserting ‘‘2003’’. ported, or removed, or ordered to depart vol- received an offer of employment) at— SEC. ll13. APPLICATIONS PENDING UNDER untarily from the United States under any ‘‘(i) an institution of higher education (as AMENDMENTS MADE BY SECTION provision of the Immigration and Nation- defined in section 101(a) of the Higher Edu- 203 OF THE NICARAGUAN ADJUST- ality Act may, notwithstanding such order, MENT AND CENTRAL AMERICAN RE- cation Act of 1965 (20 U.S.C. 1001(a))), or a re- LIEF ACT. apply for adjustment of status under para- lated or affiliated nonprofit entity; An application for relief properly filed by a graph (1). Such an alien may not be required, ‘‘(ii) a nonprofit entity that engages in es- national of Guatemala or El Salvador under as a condition of submitting or granting tablished curriculum-related clinical train- the amendments made by section 203 of the such application, to file a separate motion to ing of students registered at any such insti- Nicaraguan Adjustment and Central Amer- reopen, reconsider, or vacate such order. tution; or ican Relief Act which was filed on or before Such an alien may be required to seek a stay ‘‘(iii) a nonprofit research organization or the date of enactment of this Act, and on of such an order in accordance with sub- a governmental research organization. which a final administrative determination section (c) to prevent the execution of that ‘‘(B) To the extent the 12,000 visas or has not been made, shall, at the election of order pending the adjudication of the appli- grants of status specified in subparagraph the applicant, be considered to be an applica- cation for adjustment of status. If the Attor- (A) are not issued or provided by the end of tion for adjustment of status under the pro- ney General denies a stay of a final order of the third quarter of each fiscal year, avail- visions of section 202 of the Nicaraguan Ad- exclusion, deportation, or removal, or if the able for aliens described in paragraph (6) as justment and Central American Relief Act, Attorney General renders a final administra- well as aliens described in subparagraph (A). as amended by sections ll12 and ll15 of tive determination to deny the application ‘‘(6) Of the total number of aliens author- this Act, upon the payment of any fees, and for adjustment of status, the order shall be ized to be granted nonimmigrant status in accordance with procedures, that the At- effective and enforceable to the same extent under section 101(a)(15)(H)(i)(b), not less than torney General shall prescribe by regulation. as if the application had not been made. If 40 percent for fiscal year 2000, not less than The Attorney General may not refund any the Attorney General grants the application 45 percent for fiscal year 2001, and not less fees paid in connection with an application for adjustment of status, the Attorney Gen- than 50 percent for fiscal year 2002, are au- filed by a national of Guatemala or El Sal- eral shall cancel the order.’’; thorized for such status only if the aliens vador under the amendments made by sec- (2) in subsection (b)(1), by adding at the have attained at least a master’s degree from tion 203 of that Act. end the following: ‘‘Subsection (a) shall not an institution of higher education (as defined apply to an alien lawfully admitted for per- SEC. ll14. APPLICATIONS PENDING UNDER THE in section 101(a) of the Higher Education Act HAITIAN REFUGEE IMMIGRATION manent residence, unless the alien is apply- of 1965 (20 U.S.C. 1001(a))) in the United FAIRNESS ACT OF 1998. ing for relief under that subsection in depor- States or an equivalent degree (as deter- An application for adjustment of status tation or removal proceedings.’’; mined in a credential evaluation performed properly filed by a national of Haiti under (3) in subsection (c)(1), by adding at the by a private entity prior to filing a petition) the Haitian Refugee Immigration Fairness end the following: ‘‘Nothing in this Act re- from such an institution abroad.’’. Act of 1998 which was filed on or before the quires the Attorney General to stay the re- Notwithstanding any other provision of date of enactment of this Act, and on which moval of an alien who is ineligible for ad- this Act, the figure on page 2, line 3 is a final administrative determination has not justment of status under this Act.’’; deemed to be ‘‘200,000’’; the figure on page 2, been made, may be considered by the Attor- (4) in subsection (d)— line 4 is deemed to be ‘‘200,000’’; and the fig- ney General to also constitute an application (A) by amending the subsection heading to ure on page 2, line 5 is deemed to be for adjustment of status under the provisions read as follows: ‘‘SPOUSES, CHILDREN, AND ‘‘200,000’’. of section 202 of the Nicaraguan Adjustment UNMARRIED SONS AND DAUGHTERS.—’’; and Central American Relief Act, as amend- (B) by amending the heading of paragraph KENNEDY (AND OTHERS) ed by sections ll12 and ll15 of this Act. (1) to read as follows: ‘‘ADJUSTMENT OF STA- AMENDMENT NO. 4238 SEC. ll15. TECHNICAL AMENDMENTS TO THE TUS.—’’; NICARAGUAN ADJUSTMENT AND (C) by amending paragraph (1)(A) to read (Ordered to lie on the table.) CENTRAL AMERICAN RELIEF ACT. as follows: Mr. KENNEDY (for himself, Mr. (a) IN GENERAL.—Section 202 of the Nica- ‘‘(A) the alien entered the United States on REID, Mr. DURBIN, Mr. REED, Mr. GRA- raguan Adjustment and Central American or before the date of enactment of the Cen- HAM, Mr. LEAHY, Mr. WELLSTONE, and Relief Act is amended— tral American and Haitian Parity Act of Mr. DASCHLE) submitted an amendment (1) in subsection (a)— 2000;’’; intended to be proposed by them to the (A) by inserting before the period at the (D) in paragraph (1)(B), by striking ‘‘except end of paragraph (1)(B) the following: ‘‘, and that in the case of’’ and inserting the fol- bill, S. 2045, supra; as follows: the Attorney General may, in the lowing: ‘‘except that— At the appropriate place, insert the fol- unreviewable discretion of the Attorney Gen- ‘‘(i) in the case of such a spouse, stepchild, lowing: eral, waive the grounds of inadmissibility or unmarried stepson or stepdaughter, the TITLE ll—LATINO AND IMMIGRANT specified in section 212(a)(1) (A)(i) and (6)(C) qualifying marriage was entered into before FAIRNESS ACT OF 2000 of such Act for humanitarian purposes, to as- the date of enactment of the Central Amer- sure family unity, or when it is otherwise in ican and Haitian Parity Act of 2000; and SEC. ll01. SHORT TITLE. the public interest’’; ‘‘(ii) in the case of’’; and This title may be cited as the ‘‘Latino and (B) by redesignating paragraph (2) as para- (E) by adding at the end the following new Immigrant Fairness Act of 2000’’. graph (3); paragraph: Subtitle A—Central American and Haitian (C) by inserting after paragraph (1) the fol- ‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND Parity lowing: CHILDREN FOR ISSUANCE OF IMMIGRANT SEC. ll11. SHORT TITLE. ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI- VISAS.— This subtitle may be cited as the ‘‘Central SIONS.—In determining the eligibility of an ‘‘(A) IN GENERAL.—In accordance with reg- American and Haitian Parity Act of 2000’’. alien described in subsection (b) or (d) for ei- ulations to be promulgated by the Attorney SEC. ll12. ADJUSTMENT OF STATUS FOR CER- ther adjustment of status under this section General and the Secretary of State, upon ap- TAIN NATIONALS FROM EL SAL- or other relief necessary to establish eligi- proval of an application for adjustment of VADOR, GUATEMALA, HONDURAS, bility for such adjustment, the provisions of status to that of an alien lawfully admitted AND HAITI. section 241(a)(5) of the Immigration and Na- for permanent residence under subsection Section 202 of the Nicaraguan Adjustment tionality Act shall not apply. In addition, an (a), an alien who is the spouse or child of the and Central American Relief Act is amend- alien who would otherwise be inadmissible alien being granted such status may be ed— pursuant to section 212(a)(9) (A) or (C) of issued a visa for admission to the United (1) in the section heading, by striking such Act may apply for the Attorney Gen- States as an immigrant following to join the ‘‘NICARAGUANS AND CUBANS’’ and inserting eral’s consent to reapply for admission with- principal applicant, if the spouse or child—

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9506 CONGRESSIONAL RECORD — SENATE September 28, 2000 ‘‘(i) meets the requirements in paragraphs vision of the Immigration and Nationality ‘‘(i) shall be deposited as an offsetting col- (1)(B) and (1)(D); and Act may, notwithstanding such order, apply lection to any Department of State appro- ‘‘(ii) applies for such a visa within a time for adjustment of status under paragraph (1). priation to recover the cost of such proc- period to be established by such regulations. Such an alien may not be required, as a con- essing and issuance; and ‘‘(B) RETENTION OF FEES FOR PROCESSING dition of submitting or granting such appli- ‘‘(ii) shall be available until expended for APPLICATIONS.—The Secretary of State may cation, to file a separate motion to reopen, the same purposes of such appropriation to retain fees to recover the cost of immigrant reconsider, or vacate such order. Such an support consular activities.’’; visa application processing and issuance for alien may be required to seek a stay of such (5) in subsection (g), by inserting ‘‘, or an certain spouses and children of aliens whose an order in accordance with subsection (c) to immigrant classification,’’ after ‘‘for perma- applications for adjustment of status under prevent the execution of that order pending nent residence’’; subsection (a) have been approved. Such the adjudication of the application for ad- (6) by redesignating subsections (i), (j), and fees— justment of status. If the Attorney General (k) as subsections (j), (k), and (l), respec- ‘‘(i) shall be deposited as an offsetting col- denies a stay of a final order of exclusion, de- tively; and lection to any Department of State appro- portation, or removal, or if the Attorney (7) by inserting after subsection (h) the fol- priation to recover the cost of such proc- General renders a final administrative deter- lowing new subsection: essing and issuance; and mination to deny the application for adjust- ‘‘(i) STATUTORY CONSTRUCTION.—Nothing in ‘‘(ii) shall be available until expended for ment of status, the order shall be effective this section authorizes any alien to apply for the same purposes of such appropriation to and enforceable to the same extent as if the admission to, be admitted to, be paroled support consular activities.’’; application had not been made. If the Attor- into, or otherwise lawfully return to the (5) in subsection (g), by inserting ‘‘, or an ney General grants the application for ad- United States, to apply for, or to pursue an immigrant classification,’’ after ‘‘for perma- justment of status, the Attorney General application for adjustment of status under nent residence’’; and shall cancel the order.’’; this section without the express authoriza- (6) by adding at the end the following new (2) in subsection (b)(1), by adding at the tion of the Attorney General.’’. subsection: end the following: ‘‘Subsection (a) shall not (b) EFFECTIVE DATE.—The amendments ‘‘(i) STATUTORY CONSTRUCTION.—Nothing in apply to an alien lawfully admitted for per- made by paragraphs (1)(D), (2), and (6) shall this section authorizes any alien to apply for manent residence, unless the alien is apply- be effective as if included in the enactment admission to, be admitted to, be paroled ing for such relief under that subsection in of the Haitian Refugee Immigration Fairness into, or otherwise lawfully return to the deportation or removal proceedings.’’; Act of 1998. The amendments made by para- United States, to apply for, or to pursue an (3) in subsection (c)(1), by adding at the graphs (1) (A)–(C), (3), (4), and (5) shall take application for adjustment of status under end the following: ‘‘Nothing in this Act shall effect on the date of enactment of this Act. this section without the express authoriza- require the Attorney General to stay the re- SEC. ll17. MOTIONS TO REOPEN. tion of the Attorney General.’’. moval of an alien who is ineligible for ad- (a) NATIONALS OF HAITI.—Notwithstanding (b) EFFECTIVE DATE.—The amendments any time and number limitations imposed by made by paragraphs (1)(D), (2), and (6) shall justment of status under this Act.’’; (4) in subsection (d)— law on motions to reopen, a national of Haiti be effective as if included in the enactment who, on the date of enactment of this Act, of the Nicaraguan and Central American Re- (A) by amending the subsection heading to read as follows: ‘‘SPOUSES, CHILDREN, AND has a final administrative denial of an appli- lief Act. The amendments made by para- cation for adjustment of status under the graphs (1) (A)–(C), (3), (4), and (5) shall take UNMARRIED SONS AND DAUGHTERS.—’’; Haitian Refugee Immigration Fairness Act effect on the date of enactment of this Act. (B) by amending the heading of paragraph (1) to read as follows: ‘‘ADJUSTMENT OF STA- of 1998, and is made eligible for adjustment SEC. ll16. TECHNICAL AMENDMENTS TO THE of status under that Act by the amendments HAITIAN REFUGEE IMMIGRATION TUS.—’’; FAIRNESS ACT OF 1998. (C) by amending paragraph (1)(A), to read made by this title, may file one motion to (a) IN GENERAL.—Section 902 of the Haitian as follows: reopen an exclusion, deportation, or removal Refugee Immigration Fairness Act of 1998 is ‘‘(A) the alien entered the United States on proceeding to have the application reconsid- amended— or before the date of enactment of the Cen- ered. Any such motion shall be filed within (1) in subsection (a)— tral American and Haitian Parity Act of 180 days of the date of enactment of this Act. (A) by inserting before the period at the 2000;’’; The scope of any proceeding reopened on this end of paragraph (1)(B) the following: ‘‘, and (D) in paragraph (1)(B), by striking ‘‘except basis shall be limited to a determination of the Attorney General may waive the grounds that in the case of’’ and inserting the fol- the alien’s eligibility for adjustment of sta- of inadmissibility specified in section 212(a) lowing: ‘‘except that— tus under the Haitian Refugee Immigration (1)(A)(i) and (6)(C) of such Act for humani- ‘‘(i) in the case of such a spouse, stepchild, Fairness Act of 1998. tarian purposes, to assure family unity, or or unmarried stepson or stepdaughter, the (b) NATIONALS OF CUBA.—Notwithstanding when it is otherwise in the public interest’’; qualifying marriage was entered into before any time and number limitations imposed by (B) by redesignating paragraph (2) as para- the date of enactment of the Central Amer- law on motions to reopen, a national of Cuba graph (3); ican and Haitian Parity Act of 2000; and or Nicaragua who, on the date of enactment (C) by inserting after paragraph (1) the fol- ‘‘(ii) in the case of’’; of the Act, has a final administrative denial lowing: (E) by adding at the end of paragraph (1) of an application for adjustment of status under the Nicaraguan Adjustment and Cen- ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI- the following new subparagraph: tral American Relief Act, and who is made SIONS.—In determining the eligibility of an ‘‘(E) the alien applies for such adjustment alien described in subsection (b) or (d) for ei- before April 3, 2003.’’; and eligible for adjustment of status under that ther adjustment of status under this section (F) by adding at the end the following new Act by the amendments made by this title, or other relief necessary to establish eligi- paragraph: may file one motion to reopen an exclusion, deportation, or removal proceeding to have bility for such adjustment, or for permission ‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND the application reconsidered. Any such mo- to reapply for admission to the United CHILDREN FOR ISSUANCE OF IMMIGRANT tion shall be filed within 180 days of the date States for the purpose of adjustment of sta- VISAS.— of enactment of this Act. The scope of any tus under this section, the provisions of sec- ‘‘(A) IN GENERAL.—In accordance with reg- tion 241(a)(5) of the Immigration and Nation- ulations to be promulgated by the Attorney proceeding reopened on this basis shall be ality Act shall not apply. In addition, an General and the Secretary of State, upon ap- limited to a determination of the alien’s eli- alien who would otherwise be inadmissible proval of an application for adjustment of gibility for adjustment of status under the pursuant to section 212(a)(9) (A) or (C) of status to that of an alien lawfully admitted Nicaraguan Adjustment and Central Amer- such Act may apply for the Attorney Gen- for permanent residence under subsection ican Relief Act. eral’s consent to reapply for admission with- (a), an alien who is the spouse or child of the Subtitle B—Adjustment of Status of Other out regard to the requirement that the con- alien being granted such status may be Aliens sent be granted prior to the date of the issued a visa for admission to the United SEC. ll21. ADJUSTMENT OF STATUS. alien’s reembarkation at a place outside the States as an immigrant following to join the (a) GENERAL AUTHORITY.— Notwith- United States or attempt to be admitted principal applicant, if the spouse or child— standing any other provision of law, an alien from foreign contiguous territory, in order ‘‘(i) meets the requirements in paragraphs described in paragraph (1) or (2) of subsection to qualify for the exception to those grounds (1)(B) and (1)(D); and (b) shall be eligible for adjustment of status of inadmissibility set forth in section ‘‘(ii) applies for such a visa within a time by the Attorney General under the same pro- 212(a)(9) (A)(iii) and (C)(ii) of such Act.’’; and period to be established by such regulations. cedures and under the same grounds of eligi- (D) by amending paragraph (3) (as redesig- ‘‘(B) RETENTION OF FEES FOR PROCESSING bility as are applicable to the adjustment of nated by subparagraph (B)) to read as fol- APPLICATIONS.—The Secretary of State may status of aliens under section 202 of the Nica- lows: retain fees to recover the cost of immigrant raguan Adjustment and Central American ‘‘(3) RELATIONSHIP OF APPLICATION TO CER- visa application processing and issuance for Relief Act. TAIN ORDERS.—An alien present in the United certain spouses and children of aliens whose (b) COVERED ALIENS.—An alien referred to States who has been ordered excluded, de- applications for adjustment of status under in subsection (a) is— ported, removed, or ordered to depart volun- subsection (a) have been approved. Such (1) any alien who was a national of the So- tarily from the United States under any pro- fees— viet Union, Russia, any republic of the

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former Soviet Union, Latvia, Estonia, Lith- (2) EXTENSION OF DATE OF REGISTRY.— immigrant status who filed a petition during uania, Poland, Czechoslovakia, Romania, (A) PERIOD BEGINNING JANUARY 1, 2002.—Be- the period beginning on the date on which Hungary, Bulgaria, Albania, East Germany, ginning on January 1, 2002, section 249 of the the limitation in such section 214(g)(1)(A)(iii) Yugoslavia, any or state of the former Yugo- Immigration and Nationality Act (8 U.S.C. is reached and ending on August 31, 2000. slavia and who has been physically present 1259) is amended by striking ‘‘January 1, On page 6 of the amendment, strike lines 16 in the United States for a continuous period, 1986’’ each place it appears and inserting through 18 and insert the following: beginning not later than December 1, 1995, ‘‘January 1, 1987’’. (2) is eligible to be granted that status but and ending not earlier than the date the ap- (B) PERIOD BEGINNING JANUARY 1, 2003.—Be- for application of the per country limita- plication for adjustment under subsection (a) ginning on January 1, 2003, section 249 of tions applicable to immigrants under those is filed, except an alien shall not be consid- such Act is amended by striking ‘‘January 1, paragraphs, ered to have failed to maintain continuous 1987’’ each place it appears and inserting On page 7 of the amendment, strike lines 22 physical presence by reason of an absence, or ‘‘January 1, 1988’’. through 24 and insert the following: absences, from the United States for any pe- (C) PERIOD BEGINNING JANUARY 1, 2004.—Be- ‘‘(C) who, subsequent to such lawful admis- riods in the aggregate not exceeding 180 ginning January 1, 2004, section 249 of such sion, has not been employed without author- days; and Act is amended by striking ‘‘January 1, 1988’’ ization in the United States before the filing (2) any alien who is a national of Liberia each place it appears and inserting ‘‘January of such petition.’’. On page 9 of the amendment, between lines and who has been physically present in the 1, 1989’’. 3 and 4, insert the following: United States for a continuous period, begin- (D) PERIOD BEGINNING JANUARY 1, 2005.—Be- (c) INCREASED JOB FLEXIBILITY FOR LONG ning not later than December 31, 1996, and ginning on January 1, 2005, section 249 of DELAYED APPLICANTS FOR ADJUSTMENT OF ending not earlier than the date the applica- such Act is amended by striking ‘‘January 1, STATUS.— tion for adjustment under subsection (a) is 1989’’ each place it appears and inserting (1) Section 204 of the Immigration and Na- filed, except an alien shall not be considered ‘‘January 1, 1990’’. tionality Act (8 U.S.C. 1154) is amended by to have failed to maintain continuous phys- (E) PERIOD BEGINNING JANUARY 1, 2006.—Be- adding at the end the following new sub- ical presence by reason of an absence, or ab- ginning on January 1, 2006, section 249 of section: sences, from the United States for any peri- such Act is amended by striking ‘‘January 1, ‘‘(j) JOB FLEXIBILITY FOR LONG DELAYED ods in the aggregate not exceeding 180 days. 1990’’ each place it appears and inserting APPLICANTS FOR ADJUSTMENT OF STATUS TO Subtitle C—Restoration of Section 245(i) ‘‘January 1, 1991’’. PERMANENT RESIDENCE.—A petition under Adjustment of Status Benefits ‘‘RECORD OF ADMISSION FOR PERMANENT RESI- subsection (a)(1)(D) for an individual whose application for adjustment of status pursu- SEC. ll31. REMOVAL OF CERTAIN LIMITATIONS DENCE IN THE CASE OF CERTAIN ALIENS WHO ON ELIGIBILITY FOR ADJUSTMENT ENTERED THE UNITED STATES PRIOR TO JULY ant to section 245 has been filed and re- OF STATUS UNDER SECTION 245(i). 1, 1924 OR JANUARY 1, 1986’’. mained unadjudicated for 180 days or more shall remain valid with respect to a new job (a) IN GENERAL.—Section 245(i)(1) of the (3) TABLE OF CONTENTS.—The table of con- if the individual changes jobs or employers if Immigration and Nationality Act (8 U.S.C. tents of the Immigration and Nationality the new job is in the same or a similar occu- 1255(i)(1)) is amended by striking ‘‘(i)(1)’’ Act is amended by amending the item relat- pational classification as the job for which through ‘‘The Attorney General’’ and inserting to section 249 to read as follows: the petition was filed.’’. ing the following: ‘‘Sec. 249. Record of admission for permanent (2) Section 212(a)(5)(A) of the Immigration ‘‘(i)(1) Notwithstanding the provisions of residence in the case of certain and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is subsections (a) and (c) of this section, an aliens who entered the United amended by adding at the end the following alien physically present in the United States States prior to July 1, 1924 or new clause: who— January 1, 1986.’’. ‘‘(iv) LONG DELAYED ADJUSTMENT APPLI- ‘‘(A) entered the United States without in- (c) EFFECTIVE DATE.—The amendments CANTS.—A certification made under clause (i) spection; or made by this section shall take effect on with respect to an individual whose petition ‘‘(B) is within one of the classes enumer- January 1, 2001, and the amendment made by is covered by section 204(j) shall remain valid ated in subsection (c) of this section; subsection (a) shall apply to applications to with respect to a new job accepted by the in- may apply to the Attorney General for the record lawful admission for permanent resi- dividual after the individual changes jobs or adjustment of his or her status to that of an dence that are filed on or after January 1, employers if the new job is in the same or a alien lawfully admitted for permanent resi- 2001. similar occupational classification as the job dence. The Attorney General’’. for which the certification was issued.’’. (b) EFFECTIVE DATE.—The amendment HATCH AMENDMENT NO. 4239 (d) RECAPTURE OF UNUSED EMPLOYMENT- made by subsection (a) shall be effective as if BASED IMMIGRANT VISAS.— included in the enactment of the Depart- (Ordered to lie on the table.) (1) IN GENERAL.—Notwithstanding any ments of Commerce, Justice, and State, the Mr. HATCH submitted an amend- other provision of law, the number of em- Judiciary, and Related Agencies Appropria- ment intended to be proposed by him ployment-based visas (as defined in para- tions Act, 1998 (Public Law 105–119; 111 Stat. to the bill, S. 2045, supra; as follows: graph (3)) made available for a fiscal year 2440). (beginning with fiscal year 2001) shall be in- SEC. ll32. USE OF SECTION 245(i) FEES. On page 1 of the amendment, line 10, strike creased by the number described in para- Section 245(i)(3)(B) of the Immigration and ‘‘(vi)’’ and insert ‘‘(vii)’’. graph (2). Visas made available under this Nationality Act (8 U.S.C. 1255(i)(3)(B)) is On page 2 of the amendment, strike lines 1 subsection shall only be available in a fiscal amended to read as follows: through 5 and insert the following: year to employment-based immigrants under ‘‘(B) One-half of any remaining portion of (2) by striking clause (iv) and inserting the paragraph (1), (2), or (3) of section 203(b) of such fees remitted under such paragraphs following: the Immigration and Nationality Act. shall be deposited by the Attorney General ‘‘(iv) 195,000 in fiscal year 2001; (2) NUMBER AVAILABLE.— into the Immigration Examinations Fee Ac- ‘‘(v) 195,000 in fiscal year 2002; (A) IN GENERAL.—Subject to subparagraph count established under section 286(m), and ‘‘(vi) 195,000 in fiscal year 2003; and’’. (B), the number described in this paragraph one-half of any remaining portion of such On page 2 of the amendment, line 6, strike is the difference between the number of em- fees shall be deposited by the Attorney Gen- ‘‘FISCAL YEAR 1999.—’’ and insert ‘‘FISCAL ployment-based visas that were made avail- eral into the Breached Bond/Detention Fund YEARS 1999 AND 2000.—’’. able in fiscal year 1999 and 2000 and the num- established under section 286(r).’’. On page 2 of the amendment, line 7, strike ber of such visas that were actually used in ‘‘Notwithstanding’’ and insert ‘‘(A) Notwith- such fiscal years. Subtitle D—Extension of Registry Benefits standing’’. (B) REDUCTION.—The number described in SEC. ll41. SHORT TITLE. On page 2 of the amendment, between lines subparagraph (A) shall be reduced, for each This subtitle may be cited as the ‘‘Date of 17 and 18, insert the following: fiscal year after fiscal year 2001, by the cu- Registry Act of 2000’’. (B) In the case of any alien on behalf of mulative number of immigrant visas actu- SEC. ll42. RECORD OF ADMISSION FOR PERMA- whom a petition for status under section ally used under paragraph (1) for previous NENT RESIDENCE IN THE CASE OF 101(a)(15)(H)(I)(b) is filed before September 1, fiscal years. CERTAIN ALIENS. 2000, and is subsequently approved, that (C) CONSTRUCTION.—Nothing in this para- (a) IN GENERAL.—Section 249 of the Immi- alien shall be counted toward the numerical graph shall be construed as affecting the ap- gration and Nationality Act (8 U.S.C. 1259) is ceiling for fiscal year 2000 notwithstanding plication of section 201(c)(3)(C) of the Immi- amended— the date of the approval of the petition. Not- gration and Nationality Act (8 U.S.C. (1) in subsection (a), by striking ‘‘January withstanding section 214(g)(1)(A)(iii) of the 1151(c)(3)(C)). 1, 1972’’ and inserting ‘‘January 1, 1986’’; and Immigration and Nationality Act, the total (3) EMPLOYMENT-BASED VISAS DEFINED.—For (2) by striking ‘‘JANUARY 1, 1972’’ in the number of aliens who may be issued visas or purposes of this subsection, the term ‘‘em- heading and inserting ‘‘JANUARY 1, 1986’’. otherwise provided nonimmigrant status ployment-based visa’’ means an immigrant (b) EFFECTIVE DATES.— under section 101(a)(15)(H)(i)(b) of such Act visa which is issued pursuant to the numer- (1) GENERAL RULE.—The amendments made in fiscal year 2000 is increased by a number ical limitation under section 203(b) of the by subsection (a) shall take effect on the equal to the number of aliens who may be Immigration and Nationality Act (8 U.S.C. date of enactment of this Act. issued visas or otherwise provided non- 1153(b)).

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9508 CONGRESSIONAL RECORD — SENATE September 28, 2000 On page 12 of the amendment, line 3, strike (B) In the case of any alien on behalf of is the difference between the number of em- ‘‘used’’ and insert ‘‘use’’. whom a petition for status under section ployment-based visas that were made avail- On page 12 of the amendment, line 21, 101(a)(15)(H)(I)(b) is filed before September 1, able in fiscal year 1999 and 2000 and the num- strike ‘‘this’’ and insert ‘‘the’’. 2000, and is subsequently approved, that ber of such visas that were actually used in On page 15 of the amendment, beginning on alien shall be counted toward the numerical such fiscal years. line 18, strike ‘‘All training’’ and all that fol- ceiling for fiscal year 2000 notwithstanding (B) REDUCTION.—The number described in lows through ‘‘demonstrated’’ on line 20 and the date of the approval of the petition. Not- subparagraph (A) shall be reduced, for each insert the following: ‘‘The need for the train- withstanding section 214(g)(1)(A)(iii) of the fiscal year after fiscal year 2001, by the cu- ing shall be justified’’. Immigration and Nationality Act, the total mulative number of immigrant visas actu- On page 18 of the amendment, line 10, number of aliens who may be issued visas or ally used under paragraph (1) for previous strike ‘‘that are in shortage’’. otherwise provided nonimmigrant status fiscal years. On page 18 of the amendment, line 23 and under section 101(a)(15)(H)(i)(b) of such Act (C) CONSTRUCTION.—Nothing in this para- 24, strike ‘‘H–1B skill shortage.’’ and insert in fiscal year 2000 is increased by a number graph shall be construed as affecting the ap- ‘‘single specialty occupation, as defined in equal to the number of aliens who may be plication of section 201(c)(3)(C) of the Immi- section 214(i) of the Immigration and Nation- issued visas or otherwise provided non- gration and Nationality Act (8 U.S.C. ality Act.’’. immigrant status who filed a petition during 1151(c)(3)(C)). On page 19 of the amendment, strike lines the period beginning on the date on which (3) EMPLOYMENT-BASED VISAS DEFINED.—For 1 through 6. the limitation in such section 214(g)(1)(A)(iii) purposes of this subsection, the term ‘‘em- On page 20 of the amendment, line 23, is reached and ending on August 31, 2000. ployment-based visa’’ means an immigrant strike ‘‘and’’. visa which is issued pursuant to the numer- On page 21 of the amendment, line 2, strike AMENDMENT NO. 4245 ical limitation under section 203(b) of the the period and insert ‘‘; and’’. On page 6 of the amendment, strike lines 16 Immigration and Nationality Act (8 U.S.C. On page 21 of the amendment, between through 18 and insert the following: 1153(b)). lines 2 and 3, insert the following: ‘‘(2) is eligible to be granted that status ‘‘(iii) in the case of an application for a but for application of the per country limita- AMENDMENT NO. 4248 grant under subsection (c)(2)(A)(ii), explain tions applicable to immigrants under those On page 12 of the amendment, line 3, strike what barriers prevent the strategy from paragraphs,’’. ‘‘used’’ and insert ‘‘use’’. being implemented through a grant made under subsection (c)(2)(A)(i).’’. AMENDMENT NO. 4246 AMENDMENT NO. 4249 On page 21 of the amendment, after line 25, insert the following new section: On page 7 of the amendment, strike lines 22 On page 12 of the amendment, line 21, through 24 and insert the following: strike ‘‘this’’ and insert ‘‘the’’. SEC. 12. IMPOSITION OF FEES. ‘‘(C) who, subsequent to such lawful admis- Section 214(c)(9)(A) of the Immigration and sion, has not been employed without author- AMENDMENT NO. 4250 Nationality Act (8 U.S.C. 1184(c)(9)(A)) is ization in the United States before the filing On page 15 of the amendment, beginning on amended by striking ‘‘(excluding’’ and all of such petition.’’. that follows through ‘‘2001)’’ and inserting line 18, strike ‘‘All training’’ and all that follows through ‘‘demonstrated’’ on line 20 and ‘‘(excluding any employer that is a primary AMENDMENT NO. 4247 or secondary education institution, an insti- insert the following: ‘‘The need for the train- On page 9 of the amendment, between lines tution of higher education, as defined in sec- ing shall be justified’’. 3 and 4, insert the following: tion 101(a) of the Higher Education Act of (c) INCREASED JOB FLEXIBILITY FOR LONG 1965 (20 U.S.C. 1001(a)), a nonprofit entity re- AMENDMENT NO. 4251 DELAYED APPLICANTS FOR ADJUSTMENT OF lated to or affiliated with any such institu- On page 16 of the amendment, line 6, insert STATUS.— tion, a nonprofit entity which engages in es- ‘‘section 116(b) or’’ before ‘‘section 117’’. (1) Section 204 of the Immigration and Na- tablished curriculum-related clinical train- tionality Act (8 U.S.C. 1154) is amended by ing of students registered at any such insti- AMENDMENT NO. 4252 adding at the end the following new sub- tution, a nonprofit research organization, or section: On page 16 of the amendment, line 20, a governmental research organization) fil- ‘‘(j) JOB FLEXIBILITY FOR LONG DELAYED strike ‘‘; and’’ and insert the following: ‘‘: ing’’. APPLICANTS FOR ADJUSTMENT OF STATUS TO Provided, That the activities of such local or On page 22 of the amendment, line 1, strike PERMANENT RESIDENCE.—A petition under regional public-private partnership described ‘‘SEC. 12.’’. and insert ‘‘SEC. 13.’’. subsection (a)(1)(D) for an individual whose in this subsection shall be conducted in co- On page 27 of the amendment, line 1, strike application for adjustment of status pursu- ordination with the activities of the relevant ‘‘SEC. 13.’’. and insert ‘‘SEC. 14.’’. ant to section 245 has been filed and re- local workforce investment board or boards mained unadjudicated for 180 days or more established under the Workforce Investment ABRAHAM AMENDMENTS NOS. shall remain valid with respect to a new job Act of 1998 (29 U.S.C. 2832)’’. 4240–4259 if the individual changes jobs or employers if AMENDMENT NO. 4253 (Ordered to lie on the table.) the new job is in the same or a similar occu- On page 18 of the amendment, line 10, Mr. ABRAHAM submitted 20 amend- pational classification as the job for which the petition was filed.’’. strike ‘‘that are in shortage’’. ments intended to be proposed by him (2) Section 212(a)(5)(A) of the Immigration to the bill, S. 2045, supra; as follows: and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is AMENDMENT NO. 4254 AMENDMENT NO. 4240 amended by adding at the end the following On page 18 of the amendment, line 23 and On page 1 of the amendment, line 10, strike new clause: 24, strike ‘‘H–1B skill shortage.’’ and insert ‘‘(vi)’’ and insert ‘‘(vii)’’. ‘‘(iv) LONG DELAYED ADJUSTMENT APPLI- ‘‘single specialty occupation, as defined in CANTS.—A certification made under clause (i) section 214(i) of the Immigration and Nation- AMENDMENT NO. 4241 with respect to an individual whose petition ality Act.’’. On page 2 of the amendment, strike lines 1 is covered by section 204(j) shall remain valid through 5 and insert the following: with respect to a new job accepted by the in- AMENDMENT NO. 4255 (2) by striking clause (iv) and inserting the dividual after the individual changes jobs or On page 19 of the amendment, strike lines following: employers if the new job is in the same or a 1 through 6. ‘‘(iv) 195,000 in fiscal year 2001; similar occupational classification as the job ‘‘(v) 195,000 in fiscal year 2002; for which the certification was issued.’’. AMENDMENT NO. 4256 (d) RECAPTURE OF UNUSED EMPLOYMENT- ‘‘(vi) 195,000 in fiscal year 2003; and’’. On page 20 of the amendment, line 23, BASED IMMIGRANT VISAS.— strike ‘‘and’’. AMENDMENT NO. 4242 (1) IN GENERAL.—Notwithstanding any other provision of law, the number of em- On page 2 of the amendment, line 6, strike AMENDMENT NO. 4257 ployment-based visas (as defined in para- ‘‘FISCAL YEAR 1999.—’’ and insert ‘‘FISCAL graph (3)) made available for a fiscal year On page 21 of the amendment, line 2, strike YEARS 1999 AND 2000.—’’. (beginning with fiscal year 2001) shall be in- the period and insert ‘‘; and’’. creased by the number described in para- AMENDMENT NO. 4243 graph (2). Visas made available under this AMENDMENT NO. 4258 On page 2 of the amendment, line 7, strike subsection shall only be available in a fiscal On page 21 of the amendment, between ‘‘Notwithstanding’’ and insert ‘‘(A) Notwith- year to employment-based immigrants under lines 2 and 3, insert the following: standing’’. paragraph (1), (2), or (3) of section 203(b) of ‘‘(iii) in the case of an application for a the Immigration and Nationality Act. grant under subsection (c)(2)(A)(ii), explain AMENDMENT NO. 4244 (2) NUMBER AVAILABLE.— what barriers prevent the strategy from On page 2 of the amendment, between lines (A) IN GENERAL.—Subject to subparagraph being implemented through a grant made 17 and 18, insert the following: (B), the number described in this paragraph under subsection (c)(2)(A)(i).’’.

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AMENDMENT NO. 4259 lies need to successfully participate in ele- entity, or another entity with expertise in On page 21 of the amendment, after line 25, mentary schools, secondary schools, and working with immigrants. insert the following new section: communities in the United States is inad- (3) REQUIRED DOCUMENTATION.—Each application submitted by a partnership under this SEC. 12. IMPOSITION OF FEES. equate. section for a proposed program shall include Section 214(c)(9)(A) of the Immigration and (5) The influx of immigrant families set- documentation that— Nationality Act (8 U.S.C. 1184(c)(9)(A)) is tling into many United States communities (A) the partnership has the qualified per- amended by striking ‘‘(excluding’’ and all is often the result of concerted efforts by sonnel required to develop, administer, and that follows through ‘‘2001)’’ and inserting local employers who value immigrant labor. implement the proposed program; and ‘‘(excluding any employer that is a primary Those employers realize that helping immi- (B) the leadership of each participating or secondary education institution, an insti- grants to become productive, prosperous school has been involved in the development tution of higher education, as defined in sec- members of a community is beneficial for and planning of the program in the school. tion 101(a) of the Higher Education Act of the local businesses involved, the immigrants, and the community. Further, local (4) OTHER APPLICATION CONTENTS.—Each ap- 1965 (20 U.S.C. 1001(a)), a nonprofit entity re- plication submitted by a partnership under lated to or affiliated with any such institu- businesses benefit from the presence of the immigrant families because the families this section for a proposed program shall in- tion, a nonprofit entity which engages in es- clude— tablished curriculum-related clinical train- present businesses with a committed and effective workforce and help to open up new (A) a list of the organizations entering into ing of students registered at any such insti- the partnership; tution, a nonprofit research organization, or market opportunities. However, many of the communities into which the immigrants (B) a description of the need for the pro- a governmental research organization) fil- posed program, including data on the num- ing’’. have settled need assistance in order to give immigrant students and their families the ber of immigrant students, and the number services the students and families need to of such students with limited English pro- CLELAND AMENDMENTS NOS. 4260– successfully participate in elementary ficiency, in the schools or school districts to 4261 schools, secondary schools, and commu- be served through the program and the char- nities, in the United States. acteristics of the students described in this (Ordered to lie on the table.) subparagraph, including— (c) PURPOSE.—The purpose of this section Mr. CLELAND submitted two amend- (i) the native languages of the students to ments intended to be proposed by him is to establish a grant program, within the Department of Education, that provides be served; to the bill, S. 2045, supra; as follows: funding to partnerships of local educational (ii) the proficiency of the students in AMENDMENT NO. 4260 agencies and community-based organizations English and the native languages; (iii) achievement data for the students in— At the end, add the following: for the development of model programs to (I) reading or language arts (in English and provide to immigrant students and their SEC. ll. IMMIGRANTS TO NEW AMERICANS in the native languages, if applicable); and families the services the students and fami- MODEL PROGRAMS. (II) mathematics; and lies need to successfully participate in ele- (a) SHORT TITLE.—This section may be (iv) the previous schooling experiences of mentary schools, secondary schools, and cited as the ‘‘Immigrants to New Americans the students; communities, in the United States. Act’’. (C) a description of the goals of the pro- (b) FINDINGS.—Congress finds the fol- (d) DEFINITIONS.— gram; lowing: (1) IMMIGRANT.—In this section, the term (D) a description of how the funds made (1) In 1997, there were an estimated ‘‘immigrant’’ has the meaning given the available through the grant will be used to 25,800,000 foreign-born individuals residing in term in section 101 of the Immigration and supplement the basic services provided to the United States. That number is the larg- Nationality Act. the immigrant students to be served; est number of such foreign-born individuals (2) OTHER TERMS.—The terms used in this (E) a description of activities that will be ever in United States history and represents section have the meanings given the terms pursued by the partnership through the pro- a 6,000,000, or 30 percent, increase over the in section 14101 of the Elementary and Sec- gram, including a description of— 1990 census figure of 19,800,000 of such for- ondary Education Act of 1965. (i) how parents, students, and other mem- eign-born individuals. The Bureau of the (e) PROGRAM AUTHORIZED.— bers of the community, including members Census estimates that the recently arrived (1) IN GENERAL.—The Secretary of Edu- of private organizations and nonprofit orga- immigrant population (including the refugee cation is authorized to award not more than nizations, will be involved in the design and population) currently residing in the Nation 10 grants in a fiscal year to eligible partner- implementation of the program; will account for 75 percent of the population ships for the design and implementation of (ii) how the activities will further the aca- growth in the United States over the next 50 model programs to— demic achievement of immigrant students years. (A) assist immigrant students to achieve in served through the program; (2) For millions of immigrants settling elementary schools and secondary schools in (iii) methods of teacher training and par- into the Nation’s hamlets, towns, and cities, the United States by offering such edu- ent education that will be used or developed the dream of ‘‘life, liberty, and the pursuit of cational services as English as a second lan- through the program, including the dissemi- happiness’’ has become a reality. The wave guage classes, literacy programs, programs nation of information to immigrant parents, of immigrants, from various nationalities, for introduction to the education system, that is easily understandable in the language who have chosen the United States as their and civics education; and of the parents, about educational programs home, has positively influenced the Nation’s (B) assist parents of immigrant students and the rights of the parents to participate image and relationship with other nations. by offering such services as parent education in educational decisions involving their chil- The diverse cultural heritage of the Nation’s and literacy development services and by co- dren; and immigrants has helped define the Nation’s ordinating activities with other entities to (iv) methods of coordinating comprehen- culture, customs, economy, and commu- provide comprehensive community social sive community social services to assist im- nities. By better understanding the people services such as health care, job training, migrant families; who have immigrated to the Nation, individ- child care, and transportation services. (F) a description of how the partnership uals in the United States better understand (2) DURATION.—Each grant awarded under will evaluate the progress of the partnership what it means to be an American. this section shall be awarded for a period of in achieving the goals of the program; (3) There is a critical shortage of teachers not more than 5 years. A partnership may (G) a description of how the local edu- with the skills needed to educate immigrant use funds made available through the grant cational agency will disseminate informa- students and their families in noncon- for not more than 1 year for planning and tion on model programs, materials, and centrated, nontraditional, immigrant com- program design. other information developed under this sec- munities as well as communities with large (f) APPLICATIONS FOR GRANTS.— tion that the local educational agency deter- immigrant populations. The large influx of (1) IN GENERAL.—Each eligible partnership mines to be appropriate for use by other immigrant families over the last decade pre- desiring a grant under this section shall sub- local educational agencies in establishing sents a national dilemma: The number of mit an application to the Secretary at such similar programs to facilitate the edu- such families with school-age children, re- time and in such manner as the Secretary cational achievement of immigrant students; quiring assistance to successfully participate may require. (H) an assurance that the partnership will in elementary schools, secondary schools, (2) ELIGIBLE PARTNERSHIPS.—To be eligible annually provide to the Secretary such infor- and communities in the United States, is in- to receive a grant under this section, a part- mation as may be required to determine the creasing without a corresponding increase in nership— effectiveness of the program; and the number of teachers with skills to accom- (A) shall include— (I) any other information that the Sec- modate their needs. (i) at least 1 local educational agency; and retary may require. (4) Immigrants arriving in communities (ii) at least 1 community-based organiza- (g) SELECTION OF GRANTEES.— across the Nation generally settle into high- tion; and (1) CRITERIA.—The Secretary, through a poverty areas, where funding for programs to (B) may include another entity such as an peer review process, shall select partnerships provide immigrant students and their fami- institution of higher education, a local or to receive grants under this section on the lies with the services the students and fami- State government agency, a private sector basis of the quality of the programs proposed

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(d) DEFINITIONS.— dresses differences in language, culture, and (b) FINDINGS.—Congress finds the fol- (1) IMMIGRANT.—In this section, the term customs; lowing: ‘‘immigrant’’ has the meaning given the (B) the quality of the activities proposed (1) In 1997, there were an estimated term in section 101 of the Immigration and 25,800,000 foreign-born individuals residing in by a partnership; Nationality Act. the United States. That number is the larg- (C) the extent of parental, student, and (2) OTHER TERMS.—The terms used in this est number of such foreign-born individuals community involvement; section have the meanings given the terms ever in United States history and represents (D) the extent to which the partnership in section 14101 of the Elementary and Sec- a 6,000,000, or 30 percent, increase over the will ensure the coordination of comprehen- ondary Education Act of 1965. 1990 census figure of 19,800,000 of such for- sive community social services with the pro- (e) PROGRAM AUTHORIZED.— eign-born individuals. The Bureau of the gram; (1) IN GENERAL.—The Secretary of Edu- Census estimates that the recently arrived (E) the quality of the plan for measuring cation is authorized to award not more than immigrant population (including the refugee and assessing success; and 10 grants in a fiscal year to eligible partner- population) currently residing in the Nation (F) the likelihood that the goals of the pro- ships for the design and implementation of will account for 75 percent of the population model programs to— gram will be achieved. growth in the United States over the next 50 (A) assist immigrant students to achieve in (2) GEOGRAPHIC DISTRIBUTION OF PRO- years. elementary schools and secondary schools in GRAMS.—The Secretary shall approve appli- (2) For millions of immigrants settling the United States by offering such edu- cations under this section in a manner that into the Nation’s hamlets, towns, and cities, cational services as English as a second lan- ensures, to the extent practicable, that pro- the dream of ‘‘life, liberty, and the pursuit of guage classes, literacy programs, programs grams assisted under this section serve dif- happiness’’ has become a reality. The wave for introduction to the education system, ferent areas of the Nation, including urban, of immigrants, from various nationalities, and civics education; and suburban, and rural areas, with special at- who have chosen the United States as their (B) assist parents of immigrant students tention to areas that are experiencing an in- home, has positively influenced the Nation’s by offering such services as parent education flux of immigrant groups (including refugee image and relationship with other nations. and literacy development services and by co- groups), and that have limited prior experi- The diverse cultural heritage of the Nation’s ordinating activities with other entities to ence in serving the immigrant community. immigrants has helped define the Nation’s provide comprehensive community social (h) EVALUATION AND PROGRAM DEVELOP- culture, customs, economy, and commu- services such as health care, job training, MENT.— nities. By better understanding the people child care, and transportation services. (1) REQUIREMENT.—Each partnership re- who have immigrated to the Nation, individ- (2) DURATION.—Each grant awarded under ceiving a grant under this section shall— uals in the United States better understand this section shall be awarded for a period of (A) conduct a comprehensive evaluation of what it means to be an American. not more than 5 years. A partnership may the program assisted under this section, in- (3) There is a critical shortage of teachers use funds made available through the grant cluding an evaluation of the impact of the with the skills needed to educate immigrant for not more than 1 year for planning and program on students, teachers, administra- students and their families in noncon- program design. tors, parents, and others; and centrated, nontraditional, immigrant com- (f) APPLICATIONS FOR GRANTS.— (B) prepare and submit to the Secretary a munities as well as communities with large (1) IN GENERAL.—Each eligible partnership report containing the results of the evalua- immigrant populations. The large influx of desiring a grant under this section shall sub- tion. immigrant families over the last decade pre- mit an application to the Secretary at such (2) EVALUATION REPORT COMPONENTS.—Each sents a national dilemma: The number of time and in such manner as the Secretary evaluation report submitted under this sec- such families with school-age children, re- may require. tion for a program shall include— quiring assistance to successfully participate (2) ELIGIBLE PARTNERSHIPS.—To be eligible (A) data on the partnership’s progress in in elementary schools, secondary schools, to receive a grant under this section, a part- achieving the goals of the program; and communities in the United States, is in- nership— (B) data showing the extent to which all creasing without a corresponding increase in (A) shall include— students served by the program are meeting the number of teachers with skills to accom- (i) at least 1 local educational agency; and the State’s student performance standards, modate their needs. (ii) at least 1 community-based organiza- including— (4) Immigrants arriving in communities tion; and (i) data comparing the students served to across the Nation generally settle into high- (B) may include another entity such as an other students, with regard to grade reten- poverty areas, where funding for programs to institution of higher education, a local or tion and academic achievement in reading provide immigrant students and their fami- State government agency, a private sector and language arts, in English and in the na- lies with the services the students and fami- entity, or another entity with expertise in tive languages of the students if the program lies need to successfully participate in ele- working with immigrants. develops native language proficiency, and in mentary schools, secondary schools, and (3) REQUIRED DOCUMENTATION.—Each appli- mathematics; and communities in the United States is inad- cation submitted by a partnership under this (ii) a description of how the activities car- equate. section for a proposed program shall include ried out through the program are coordi- (5) The influx of immigrant families set- documentation that— nated and integrated with the overall school tling into many United States communities (A) the partnership has the qualified per- program of the school in which the program is often the result of concerted efforts by sonnel required to develop, administer, and described in this section is carried out, and local employers who value immigrant labor. implement the proposed program; and with other Federal, State, or local programs Those employers realize that helping immi- (B) the leadership of each participating serving limited English proficient students; grants to become productive, prosperous school has been involved in the development (C) data showing the extent to which fami- members of a community is beneficial for and planning of the program in the school. lies served by the program have been af- the local businesses involved, the immi- (4) OTHER APPLICATION CONTENTS.—Each ap- forded access to comprehensive community grants, and the community. Further, local plication submitted by a partnership under social services; and businesses benefit from the presence of the this section for a proposed program shall in- (D) such other information as the Sec- immigrant families because the families clude— retary may require. present businesses with a committed and ef- (A) a list of the organizations entering into the partnership; (i) ADMINISTRATIVE FUNDS.—A partnership fective workforce and help to open up new that receives a grant under this section may market opportunities. However, many of the (B) a description of the need for the pro- use not more than 5 percent of the grant communities into which the immigrants posed program, including data on the num- funds received under this section for admin- have settled need assistance in order to give ber of immigrant students, and the number istrative purposes. immigrant students and their families the of such students with limited English pro- services the students and families need to ficiency, in the schools or school districts to (j) AUTHORIZATION OF APPROPRIATIONS.— successfully participate in elementary be served through the program and the char- For the purpose of carrying out this section, schools, secondary schools, and commu- acteristics of the students described in this there are authorized to be appropriated nities, in the United States. subparagraph, including— $10,000,000 for fiscal year 2001 and such sums (c) PURPOSE.—The purpose of this section (i) the native languages of the students to as may be necessary for each of the 4 suc- is to establish a grant program, within the be served; ceeding fiscal years. Department of Education, that provides (ii) the proficiency of the students in funding to partnerships of local educational English and the native languages; agencies and community-based organizations (iii) achievement data for the students in— AMENDMENT NO. 4261 for the development of model programs to (I) reading or language arts (in English and At the end, add the following: provide to immigrant students and their in the native languages, if applicable); and

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(II) mathematics; and (1) REQUIREMENT.—Each partnership re- migration and Naturalization Service with (iv) the previous schooling experiences of ceiving a grant under this section shall— regard to any person in the vehicle. the students; (A) conduct a comprehensive evaluation of (D) The number of individuals in the (C) a description of the goals of the pro- the program assisted under this section, in- stopped vehicle. gram; cluding an evaluation of the impact of the (E) Whether a search was instituted as a (D) a description of how the funds made program on students, teachers, administra- result of the stop and whether consent was available through the grant will be used to tors, parents, and others; and requested for the search. supplement the basic services provided to (B) prepare and submit to the Secretary a (F) Any alleged criminal behavior by the the immigrant students to be served; report containing the results of the evalua- driver that justified the search. (E) a description of activities that will be tion. (G) Any items seized, including contraband pursued by the partnership through the pro- (2) EVALUATION REPORT COMPONENTS.—Each or money. gram, including a description of— evaluation report submitted under this sec- (H) Whether any warning or citation was (i) how parents, students, and other mem- tion for a program shall include— issued as a result of the stop. bers of the community, including members (A) data on the partnership’s progress in (I) Whether an arrest was made as a result of private organizations and nonprofit orga- achieving the goals of the program; of either the stop or the search and the jus- nizations, will be involved in the design and (B) data showing the extent to which all tification for the arrest. implementation of the program; students served by the program are meeting (J) The duration of the stop. (ii) how the activities will further the aca- the State’s student performance standards, (c) REPORTING.—Not later than 120 days demic achievement of immigrant students including— after the date of enactment of this Act, the served through the program; (i) data comparing the students served to Attorney General shall report the results of (iii) methods of teacher training and par- other students, with regard to grade reten- its initial analysis to Congress, and make ent education that will be used or developed tion and academic achievement in reading such report available to the public, and iden- through the program, including the dissemi- and language arts, in English and in the na- tify the jurisdictions for which the study is nation of information to immigrant parents, tive languages of the students if the program to be conducted. Not later than 2 years after that is easily understandable in the language develops native language proficiency, and in the date of the enactment of this Act, the of the parents, about educational programs mathematics; and Attorney General shall report the results of and the rights of the parents to participate (ii) a description of how the activities car- the data collected under this Act to Con- in educational decisions involving their chil- ried out through the program are coordi- gress, a copy of which shall also be published dren; and nated and integrated with the overall school in the Federal Register. (iv) methods of coordinating comprehen- program of the school in which the program (d) GRANT PROGRAM.—In order to complete sive community social services to assist im- described in this section is carried out, and the study described in subsection (b), the At- migrant families; with other Federal, State, or local programs torney General may provide grants to law (F) a description of how the partnership serving limited English proficient students; enforcement agencies to collect and submit will evaluate the progress of the partnership (C) data showing the extent to which fami- the data described in subsection (b) to the in achieving the goals of the program; lies served by the program have been af- appropriate agency as designated by the At- (G) a description of how the local edu- forded access to comprehensive community torney General. cational agency will disseminate informa- social services; and (e) LIMITATION ON USE OF DATA.—Informa- tion on model programs, materials, and (D) such other information as the Sec- tion released pursuant to this section shall other information developed under this secretary may require. not reveal the identity of any individual who tion that the local educational agency deter- (i) ADMINISTRATIVE FUNDS.—A partnership is stopped or any law enforcement officer in- mines to be appropriate for use by other that receives a grant under this section may volved in a traffic stop. local educational agencies in establishing use not more than 5 percent of the grant (f) DEFINITIONS.—For purposes of this sec- similar programs to facilitate the edu- funds received under this section for admin- tion: cational achievement of immigrant students; istrative purposes. (1) LAW ENFORCEMENT AGENCY.—The term (H) an assurance that the partnership will (j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘law enforcement agency’’ means an agency annually provide to the Secretary such infor- For the purpose of carrying out this section, of a State or political subdivision of a State, mation as may be required to determine the there are authorized to be appropriated authorized by law or by a Federal, State, or effectiveness of the program; and $10,000,000 for fiscal year 2001 and such sums local government agency to engage in or su- (I) any other information that the Sec- as may be necessary for each of the 4 suc- pervise the prevention, detection, or inves- retary may require. ceeding fiscal years. tigation of violations of criminal laws, or a federally recognized Indian tribe. (g) SELECTION OF GRANTEES.— (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (1) CRITERIA.—The Secretary, through a FEINGOLD AMENDMENT NO. 4262 means any Indian or Alaska Native tribe, peer review process, shall select partnerships (Ordered to lie on the table.) to receive grants under this section on the band, nation, pueblo, village, or community basis of the quality of the programs proposed Mr. FEINGOLD submitted an amend- that the Secretary of the Interior acknowl- in the applications submitted under sub- ment intended to be proposed by him edges to exist as an Indian tribe. (g) AUTHORIZATION OF APPROPRIATIONS.— section (f), taking into consideration such to the bill, S. 2045, supra; as follows: There are authorized to be appropriated such factors as— At the end of the substitute, add the fol- sums as may be necessary to carry out this (A) the extent to which the program pro- lowing: section. posed in such an application effectively ad- SECTION 12. TRAFFIC STOPS STATISTICS STUDY. dresses differences in language, culture, and (a) SHORT TITLE.—This section may be customs; cited as the ‘‘Traffic Stops Statistics Study FEINGOLD AMENDMENT NO. 4263 (B) the quality of the activities proposed Act of 2000’’. (Ordered to lie on the table.) by a partnership; (b) STUDY.— Mr. FEINGOLD submitted an amend- (C) the extent of parental, student, and (1) IN GENERAL.—The Attorney General ment intended to be proposed by him community involvement; shall conduct a nationwide study of stops for to the amendment No. 4177 proposed by (D) the extent to which the partnership traffic violations by law enforcement offi- will ensure the coordination of comprehen- cers. Mr. LOTT to the bill, S. 2045, supra; as sive community social services with the pro- (2) INITIAL ANALYSIS.—The Attorney Gen- follows: gram; eral shall perform an initial analysis of ex- At the end of the matter proposed to be in- (E) the quality of the plan for measuring isting data, including complaints alleging serted, add the following: and assessing success; and and other information concerning traffic SECTION 12. TRAFFIC STOPS STATISTICS STUDY. (F) the likelihood that the goals of the pro- stops motivated by race and other bias. (a) SHORT TITLE.—This section may be gram will be achieved. (3) DATA COLLECTION.—After completion of cited as the ‘‘Traffic Stops Statistics Study (2) GEOGRAPHIC DISTRIBUTION OF PRO- the initial analysis under paragraph (2), the Act of 2000’’. GRAMS.—The Secretary shall approve appli- Attorney General shall then gather the fol- (b) STUDY.— cations under this section in a manner that lowing data on traffic stops from a nation- (1) IN GENERAL.—The Attorney General ensures, to the extent practicable, that pro- wide sample of jurisdictions, including juris- shall conduct a nationwide study of stops for grams assisted under this section serve dif- dictions identified in the initial analysis: traffic violations by law enforcement offi- ferent areas of the Nation, including urban, (A) The traffic infraction alleged to have cers. suburban, and rural areas, with special at- been committed that led to the stop. (2) INITIAL ANALYSIS.—The Attorney Gen- tention to areas that are experiencing an in- (B) Identifying characteristics of the driv- eral shall perform an initial analysis of ex- flux of immigrant groups (including refugee er stopped, including the race, gender, eth- isting data, including complaints alleging groups), and that have limited prior experi- nicity, and approximate age of the driver. and other information concerning traffic ence in serving the immigrant community. (C) Whether immigration status was ques- stops motivated by race and other bias. (h) EVALUATION AND PROGRAM DEVELOP- tioned, immigration documents were re- (3) DATA COLLECTION.—After completion of MENT.— quested, or an inquiry was made to the Im- the initial analysis under paragraph (2), the

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9512 CONGRESSIONAL RECORD — SENATE September 28, 2000 Attorney General shall then gather the fol- SEC. 2. THREE-YEAR PILOT PROGRAM TO EX- eral under subparagraph (B) shall be sus- lowing data on traffic stops from a nation- TEND VOLUNTARY DEPARTURE PE- pended during any period in which an annual wide sample of jurisdictions, including juris- RIOD FOR CERTAIN NONIMMIGRANT report under clause (i) is past due and has dictions identified in the initial analysis: ALIENS REQUIRING MEDICAL not been submitted.’’. TREATMENT WHO WERE ADMITTED (A) The traffic infraction alleged to have UNDER VISA WAIVER PILOT PRO- been committed that led to the stop. GRAM. FEINSTEIN AMENDMENTS NOS. (B) Identifying characteristics of the driv- Section 240B(a)(2) of the Immigration and 4265–4266 er stopped, including the race, gender, eth- Nationality Act (8 U.S.C. 1229c(a)(2)) is (Ordered to lie on the table.) nicity, and approximate age of the driver. amended to read as follows: Mr. DASCHLE (for Mrs. FEINSTEIN) (C) Whether immigration status was ques- ‘‘(2) PERIOD.— submitted two amendments intended tioned, immigration documents were re- ‘‘(A) IN GENERAL.—Subject to subparagraph quested, or an inquiry was made to the Im- (B), permission to depart voluntarily under to be proposed by her to the bill, S. migration and Naturalization Service with this subsection shall not be valid for a period 2045, supra; as follows: regard to any person in the vehicle. exceeding 120 days. AMENDMENT NO. 4265 (D) The number of individuals in the ‘‘(B) 3-YEAR PILOT PROGRAM WAIVER.—Dur- At the appropriate place, insert the fol- stopped vehicle. ing the period October 1, 2000, through Sep- lowing: (E) Whether a search was instituted as a tember 30, 2003, and subject to subparagraphs TITLE II—IMMIGRATION SERVICES AND result of the stop and whether consent was (C) and (D)(ii), the Attorney General may, in INFRASTRUCTURE IMPROVEMENTS requested for the search. the discretion of the Attorney General for (F) Any alleged criminal behavior by the SEC. 201. SHORT TITLE. humanitarian purposes, waive application of This title may be cited as the ‘‘Immigra- driver that justified the search. subparagraph (A) in the case of an alien— (G) Any items seized, including contraband tion Services and Infrastructure Improve- ‘‘(i) who was admitted to the United States ments Act of 2000’’. or money. as a nonimmigrant visitor (described in sec- (H) Whether any warning or citation was SEC. 202. CONGRESSIONAL FINDINGS AND PUR- tion 101(a)(15)(B)) under the provisions of the POSES. issued as a result of the stop. visa waiver pilot program established pursu- (a) FINDINGS.—Congress makes the fol- (I) Whether an arrest was made as a result ant to section 217, seeks the waiver for the lowing findings: of either the stop or the search and the jus- purpose of continuing to receive medical (1) Applications for naturalization have in- tification for the arrest. treatment in the United States from a physi- creased dramatically in recent years, out- (J) The duration of the stop. cian associated with a health care facility, pacing the Immigration and Naturalization (c) REPORTING.—Not later than 120 days and submits to the Attorney General— Service’s ability to process them. after the date of enactment of this Act, the ‘‘(I) a detailed diagnosis statement from (2) The dramatic increase in applications Attorney General shall report the results of the physician, which includes the treatment for naturalization and the inability of the its initial analysis to Congress, and make being sought and the expected time period Immigration and Naturalization Service to such report available to the public, and iden- the alien will be required to remain in the deal with them adequately has resulted in an tify the jurisdictions for which the study is United States; unacceptably large backlog in naturalization to be conducted. Not later than 2 years after ‘‘(II) a statement from the health care fa- adjudications. the date of the enactment of this Act, the cility containing an assurance that the (3) The processing times in the Immigra- Attorney General shall report the results of alien’s treatment is not being paid through tion and Naturalization Service’s other im- the data collected under this Act to Con- any Federal or State public health assist- migration benefits have been unacceptably gress, a copy of which shall also be published ance, that the alien’s account has no out- long. Applicants for family- and employ- in the Federal Register. standing balance, and that such facility will ment-based visas are waiting as long as 3 to (d) GRANT PROGRAM.—In order to complete notify the Service when the alien is released 4 years to obtain a visa or an adjustment to the study described in subsection (b), the At- or treatment is terminated; and lawful permanent resident status. torney General may provide grants to law ‘‘(III) evidence of financial ability to sup- (4) In California, the delays in processing enforcement agencies to collect and submit port the alien’s day-to-day expenses while in adjustment of status applications have aver- the data described in subsection (b) to the the United States (including the expenses of aged 52 months. In Texas, the delays have appropriate agency as designated by the At- any family member described in clause (ii)) averaged 69 months. Residents of New York torney General. and evidence that any such alien or family have had to wait up to 28 months; in Florida, (e) LIMITATION ON USE OF DATA.—Informa- member is not receiving any form of public 26 months; in Illinois, 37 months; in Oregon, tion released pursuant to this section shall assistance; or 31 months; and in Arizona, 49 months. Most not reveal the identity of any individual who ‘‘(ii) who— other States have experienced unacceptably is stopped or any law enforcement officer in- ‘‘(I) is a spouse, parent, brother, sister, son, long processing and adjudication delays. volved in a traffic stop. daughter, or other family member of a prin- (5) Applicants pay fees to have their appli- (f) DEFINITIONS.—For purposes of this sec- cipal alien described in clause (i); and cations adjudicated in a timely manner. tion: ‘‘(II) entered the United States accom- These fees have increased dramatically in re- (1) LAW ENFORCEMENT AGENCY.—The term panying, and with the same status as, such cent years without a commensurate increase ‘‘law enforcement agency’’ means an agency principal alien. in the capability of that Immigration and of a State or political subdivision of a State, ‘‘(C) WAIVER LIMITATIONS— Naturalization Service to process and adju- authorized by law or by a Federal, State, or ‘‘(i) Waivers under subparagraph (B) may dicate these cases in an efficient manner. local government agency to engage in or su- be granted only upon a request submitted by (6) Processing these applications in a time- pervise the prevention, detection, or inves- a Service district office to Service head- ly fashion is critical. Each 12-month delay in tigation of violations of criminal laws, or a quarters. adjudicating an adjustment of status appli- federally recognized Indian tribe. ‘‘(ii) Not more than 300 waivers may be cation requires the alien to file applications (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ granted for any fiscal year for a principal to extend employment authorization to work means any Indian or Alaska Native tribe, alien under subparagraph (B)(i). and advance parole documents to travel. band, nation, pueblo, village, or community ‘‘(iii)(I) Except as provided in subclause (7) The enormous delays in processing ap- that the Secretary of the Interior acknowl- (II), in the case of each principal alien de- plications for families and businesses have edges to exist as an Indian tribe. scribed in subparagraph (B)(i) not more than had a negative impact on the reunification of one audit may be granted a waiver under (g) AUTHORIZATION OF APPROPRIATIONS.— spouses and minor children and the ability of There are authorized to be appropriated such subparagraph (B)(ii). law-abiding and contributing members of our sums as may be necessary to carry out this ‘‘(II) Not more than two adults may be communities to participate fully in the civic section. granted a waiver under subparagraph (B)(ii) life of the United States. in a case in which— (8) United States employers have also ex- ‘‘(aa) the principal alien described in sub- perienced debilitating delays in hiring em- paragraph (B)(i) is a dependent under the age ployees who contribute to the economic HUTCHISON AMENDMENT NO. 4264 of 18; or growth of the United States. These delays (Ordered to lie on the table.) ‘‘(bb) one such adult is age 55 or older or is have forced employers to send highly skilled physically handicapped. and valued employees out of the United Mrs. HUTCHISON submitted an ‘‘(D) REPORT TO CONGRESS; SUSPEN- States because their immigrant petitions amendment intended to be proposed by SION OF WAIVER AUTHORITY— were not approved in a timely fashion. Such her to the bill, S. 2045, supra; as fol- ‘‘(i) Not later than March 30 of each year, disruptions seriously threaten the competi- lows: the Commissioner shall submit to the Con- tive edge of the United States in the global gress an annual report regarding all waivers At the appropriate place, insert: marketplace. granted under subparagraph (B) during the (b) PURPOSES.—The purposes of this title SECTION 1. SHORT TITLE. preceding fiscal year. are to— This Act may be cited as the ‘International ‘‘(ii) Notwithstanding any other provision (1) provide the Immigration and Natu- Patient Act of 2000’. of law, the authority of the Attorney Gen- ralization Service with the mechanisms it

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9513 needs to eliminate the current backlog in of immigration benefit applications, includ- (i) applications for adjustments of status the processing of immigration benefit appli- ing— to that of an alien lawfully admitted for per- cations within 1 year after enactment of this (i) a description of the adequacy of existing manent residence; Act and to maintain the elimination of the computer hardware, computer software, and (ii) petitions for nonimmigrant visas under backlog in future years; and other mechanisms to comply with the adju- section 214 of the Immigration and Nation- (2) provide for regular congressional over- dications and reporting requirements of this ality Act; sight of the performance of the Immigration title; and (iii) petitions filed under section 204 of and Naturalization Service in eliminating (ii) a plan for implementing improvements such Act to classify aliens as immediate rel- the backlog and processing delays in immi- to existing data systems to accomplish the atives or preference immigrants under sec- gration benefits adjudications. purpose of this title, as described in section tion 203 of such Act; (c) POLICY.—It is the sense of Congress that 202(b); (iv) applications for asylum under section the processing of an immigration benefit ap- (B) a description of the quality controls to 208 of such Act; plication should be completed not later than be put into force to ensure timely, fair, accu- (v) registrations for Temporary Protected 180 days after the initial filing of the appli- rate, and complete processing and adjudica- Status under section 244 of such Act; and cation, except that a petition for a non- tion of such applications; (vi) a description of the additional re- immigrant visa under section 214(c) of the (C) the elements specified in subsection sources and process changes needed to elimi- Immigration and Nationality Act should be (b)(2); nate the backlog for such processing and ad- processed not later than 30 days after the fil- (D) an estimate of the amount of appro- judications. ing of the petition. priated funds that would be necessary in (3) ABSENCE OF APPROPRIATED FUNDS.—In SEC. 203. DEFINITIONS. order to eliminate the backlogs in each cat- the event that no funds are appropriated sub- In this title: egory of immigration benefit applications ject to section 204(b) in the fiscal year in (1) BACKLOG.—The term ‘‘backlog’’ means, described in subsection (b)(2); and which this Act is enacted, the Attorney Gen- with respect to an immigration benefit ap- (E) a detailed plan on how the Attorney eral shall submit a report to Congress not plication, the period of time in excess of 180 General will use any funds in the Immigra- later than 90 days after the end of such fiscal days that such application has been pending tion Services and Infrastructure Improve- year, and each fiscal year thereafter, con- before the Immigration and Naturalization ments Account to comply with the purposes taining the elements described in paragraph Service. of this title. (2). (2) IMMIGRATION BENEFIT APPLICATION.—The (b) ANNUAL REPORTS.— AMENDMENT NO. 4266 term ‘‘immigration benefit application’’ (1) IN GENERAL.—Beginning 90 days after means any application or petition to confer, the end of the first fiscal year for which any At the appropriate place, insert the fol- certify, change, adjust, or extend any status appropriation authorized by section 204(b) is lowing: granted under the Immigration and Nation- made, and 90 days after the end of each fiscal TITLE II—IMMIGRATION SERVICES AND ality Act. year thereafter, the Attorney General shall INFRASTRUCTURE IMPROVEMENTS SEC. 204. IMMIGRATION SERVICES AND INFRA- submit a report to the Committees on the SEC. 201. SHORT TITLE. STRUCTURE IMPROVEMENT AC- Judiciary and Appropriations of the Senate This title may be cited as the ‘‘Immigra- COUNT. and the House of Representatives concerning tion Services and Infrastructure Improve- (a) AUTHORITY OF THE ATTORNEY GEN- the status of— ments Act of 2000’’. ERAL.—The Attorney General shall take such (A) the Immigration Services and Infra- SEC. 202. CONGRESSIONAL FINDINGS AND PUR- measures as may be necessary to— structure Improvements Account including POSES. (1) reduce the backlog in the processing of any unobligated balances of appropriations (a) FINDINGS.—Congress makes the fol- immigration benefit applications, with the in the Account; and lowing findings: objective of the total elimination of the (B) the Attorney General’s efforts to elimi- (1) Applications for naturalization have in- backlog not later than one year after the nate backlogs in any immigration benefit creased dramatically in recent years, out- date of enactment of this Act; application described in paragraph (2). pacing the Immigration and Naturalization (2) make such other improvements in the (2) REPORT ELEMENTS.—The report shall in- Service’s ability to process them. processing of immigration benefit applica- clude— (2) The dramatic increase in applications tions as may be necessary to ensure that a (A) State-by-State data on— for naturalization and the inability of the backlog does not develop after such date; and (i) the number of naturalization cases adju- Immigration and Naturalization Service to (3) make such improvements in infrastruc- dicated in each quarter of each fiscal year; deal with them adequately has resulted in an ture as may be necessary to effectively pro- (ii) the average processing time for natu- unacceptably large backlog in naturalization vide immigration services. ralization applications; adjudications. (b) AUTHORIZATION OF APPROPRIATIONS.— (iii) the number of naturalization applica- (3) The processing times in the Immigra- (1) IN GENERAL.—There is authorized to be tions pending for up to 6 months, 12 months, tion and Naturalization Service’s other im- appropriated to the Department of Justice 18 months, 24 months, 36 months, and 48 migration benefits have been unacceptably from time to time such sums as may be nec- months or more; long. Applicants for family- and employ- essary for the Attorney General to carry out (iv) estimated processing times adjudi- ment-based visas are waiting as long as 3 to subsection (a). cating newly submitted naturalization appli- 4 years to obtain a visa or an adjustment to (2) DESIGNATION OF ACCOUNT IN TREASURY.— cations; lawful permanent resident status. Amounts appropriated pursuant to para- (v) an analysis of the appropriate proc- (4) In California, the delays in processing graph (1) may be referred to as the ‘‘Immi- essing times for naturalization applications; adjustment of status applications have aver- gration Services and Infrastructure Improve- and aged 52 months. In Texas, the delays have ments Account’’. (vi) the additional resources and process averaged 69 months. Residents of New York (3) AVAILABILITY OF FUNDS.—Amounts ap- changes needed to eliminate the backlog for have had to wait up to 28 months; in Florida, propriated pursuant to paragraph (1) are au- naturalization adjudications; 26 months; in Illinois, 37 months; in Oregon, thorized to remain available until expended. (B) the status of applications or, where ap- 31 months; and in Arizona, 49 months. Most (4) LIMITATION ON EXPENDITURES.—None of plicable, petitions described in subparagraph other States have experienced unacceptably the funds appropriated pursuant to para- (C), by Immigration and Naturalization long processing and adjudication delays. graph (1) may be expended until the report Service district, including— (5) Applicants pay fees to have their appli- described in section 205(a) has been sub- (i) the number of cases adjudicated in each cations adjudicated in a timely manner. mitted to Congress. quarter of each fiscal year; These fees have increased dramatically in re- SEC. 205. REPORTS TO CONGRESS. (ii) the average processing time for such cent years without a commensurate increase (a) BACKLOG ELIMINATION PLAN.— applications or petitions; in the capability of that Immigration and (1) REPORT REQUIRED.—Not later than 90 (iii) the number of applications or peti- Naturalization Service to process and adju- days after the date of enactment of this Act, tions pending for up to 6 months, 12 months, dicate these cases in an efficient manner. the Attorney General shall submit a report 18 months, 24 months, 36 months, and 48 (6) Processing these applications in a time- to the Committees on the Judiciary and Ap- months or more; ly fashion is critical. Each 12-month delay in propriations of the Senate and the House of (iv) the estimated processing times adjudi- adjudicating an adjustment of status appli- Representatives concerning— cating newly submitted applications or peti- cation requires the alien to file applications (A) the backlogs in immigration benefit tions; to extend employment authorization to work applications in existence as of the date of en- (v) an analysis of the appropriate proc- and advance parole documents to travel. actment of this title; and essing times for applications or petitions; (7) The enormous delays in processing ap- (B) the Attorney General’s plan for elimi- and plications for families and businesses have nating such backlogs. (vi) a description of the additional re- had a negative impact on the reunification of (2) REPORT ELEMENTS.—The report shall in- sources and process changes needed to elimi- spouses and minor children and the ability of clude— nate the backlog for such processing and ad- law-abiding and contributing members of our (A) an assessment of the data systems used judications; and communities to participate fully in the civic in adjudicating and reporting on the status (C) a status report on— life of the United States.

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(8) United States employers have also ex- (1) REPORT REQUIRED.—Not later than 90 (iii) the number of applications or peti- perienced debilitating delays in hiring em- days after the date of enactment of this Act, tions pending for up to 6 months, 12 months, ployees who contribute to the economic the Attorney General shall submit a report 18 months, 24 months, 36 months, and 48 growth of the United States. These delays to the Committees on the Judiciary and Ap- months or more; have forced employers to send highly skilled propriations of the Senate and the House of (iv) the estimated processing times adjudi- and valued employees out of the United Representatives concerning— cating newly submitted applications or peti- States because their immigrant petitions (A) the backlogs in immigration benefit tions; were not approved in a timely fashion. Such applications in existence as of the date of en- (v) an analysis of the appropriate proc- disruptions seriously threaten the competi- actment of this title; and essing times for applications or petitions; tive edge of the United States in the global (B) the Attorney General’s plan for elimi- and marketplace. nating such backlogs. (vi) a description of the additional re- (b) PURPOSES.—The purposes of this title (2) REPORT ELEMENTS.—The report shall in- sources and process changes needed to elimi- are to— clude— nate the backlog for such processing and ad- (1) provide the Immigration and Natu- (A) an assessment of the data systems used judications; and ralization Service with the mechanisms it in adjudicating and reporting on the status (C) a status report on— needs to eliminate the current backlog in of immigration benefit applications, includ- (i) applications for adjustments of status the processing of immigration benefit appli- ing— to that of an alien lawfully admitted for per- cations within 1 year after enactment of this (i) a description of the adequacy of existing manent residence; Act and to maintain the elimination of the computer hardware, computer software, and (ii) petitions for nonimmigrant visas under backlog in future years; and other mechanisms to comply with the adju- section 214 of the Immigration and Nation- (2) provide for regular congressional over- dications and reporting requirements of this ality Act; sight of the performance of the Immigration title; and (iii) petitions filed under section 204 of and Naturalization Service in eliminating (ii) a plan for implementing improvements such Act to classify aliens as immediate rel- the backlog and processing delays in immi- to existing data systems to accomplish the atives or preference immigrants under sec- gration benefits adjudications. purpose of this title, as described in section tion 203 of such Act; (c) POLICY.—It is the sense of Congress that 202(b); (iv) applications for asylum under section the processing of an immigration benefit ap- (B) a description of the quality controls to 208 of such Act; plication should be completed not later than be put into force to ensure timely, fair, accu- (v) registrations for Temporary Protected 180 days after the initial filing of the appli- rate, and complete processing and adjudica- Status under section 244 of such Act; and cation, except that a petition for a non- tion of such applications; (vi) a description of the additional re- immigrant visa under section 214(c) of the (C) the elements specified in subsection sources and process changes needed to elimi- Immigration and Nationality Act should be (b)(2); nate the backlog for such processing and ad- processed not later than 30 days after the fil- (D) an estimate of the amount of appro- judications. ing of the petition. priated funds that would be necessary in (3) ABSENCE OF APPROPRIATED FUNDS.—In SEC. 203. DEFINITIONS. order to eliminate the backlogs in each cat- the event that no funds are appropriated sub- In this title: egory of immigration benefit applications ject to section 204(b) in the fiscal year in (1) BACKLOG.—The term ‘‘backlog’’ means, described in subsection (b)(2); and which this Act is enacted, the Attorney Gen- with respect to an immigration benefit ap- (E) a detailed plan on how the Attorney eral shall submit a report to Congress not plication, the period of time in excess of 180 General will use any funds in the Immigra- later than 90 days after the end of such fiscal days that such application has been pending tion Services and Infrastructure Improve- year, and each fiscal year thereafter, con- before the Immigration and Naturalization ments Account to comply with the purposes taining the elements described in paragraph Service. of this title. (2). (2) IMMIGRATION BENEFIT APPLICATION.—The (b) ANNUAL REPORTS.— term ‘‘immigration benefit application’’ (1) IN GENERAL.—Beginning 90 days after FEINSTEIN AMENDMENTS NOS. means any application or petition to confer, the end of the first fiscal year for which any 4267–4268 certify, change, adjust, or extend any status appropriation authorized by section 204(b) is granted under the Immigration and Nation- made, and 90 days after the end of each fiscal (Ordered to lie on the table.) ality Act. year thereafter, the Attorney General shall Mr. DASCHLE (for Mrs. FEINSTEIN) SEC. 204. IMMIGRATION SERVICES AND INFRA- submit a report to the Committees on the submitted two amendments to be pro- STRUCTURE IMPROVEMENT AC- Judiciary and Appropriations of the Senate posed by her to amendment No. 4183 COUNT. and the House of Representatives concerning proposed by Mr. LOTT (for Mr. CONRAD) (a) AUTHORITY OF THE ATTORNEY GEN- the status of— to the bill, S. 2045, supra; as follows: ERAL.—The Attorney General shall take such (A) the Immigration Services and Infra- AMENDMENT NO. 4267 measures as may be necessary to— structure Improvements Account including On line 9, strike ‘‘waivers).’’, and insert the (1) reduce the backlog in the processing of any unobligated balances of appropriations following: immigration benefit applications, with the in the Account; and waivers and authority to change status). objective of the total elimination of the (B) the Attorney General’s efforts to elimi- backlog not later than one year after the nate backlogs in any immigration benefit TITLE II—IMMIGRATION SERVICES AND date of enactment of this Act; application described in paragraph (2). INFRASTRUCTURE IMPROVEMENTS (2) make such other improvements in the (2) REPORT ELEMENTS.—The report shall in- SEC. 201. SHORT TITLE. processing of immigration benefit applica- clude— This title may be cited as the ‘‘Immigra- tions as may be necessary to ensure that a (A) State-by-State data on— tion Services and Infrastructure Improve- backlog does not develop after such date; and (i) the number of naturalization cases adju- ments Act of 2000’’. (3) make such improvements in infrastruc- dicated in each quarter of each fiscal year; SEC. 202. CONGRESSIONAL FINDINGS AND PUR- ture as may be necessary to effectively pro- (ii) the average processing time for natu- POSES. vide immigration services. ralization applications; (a) FINDINGS.—Congress makes the fol- (b) AUTHORIZATION OF APPROPRIATIONS.— (iii) the number of naturalization applica- lowing findings: (1) IN GENERAL.—There is authorized to be tions pending for up to 6 months, 12 months, (1) Applications for naturalization have in- appropriated to the Department of Justice 18 months, 24 months, 36 months, and 48 creased dramatically in recent years, out- from time to time such sums as may be nec- months or more; pacing the Immigration and Naturalization essary for the Attorney General to carry out (iv) estimated processing times adjudi- Service’s ability to process them. subsection (a). cating newly submitted naturalization appli- (2) The dramatic increase in applications (2) DESIGNATION OF ACCOUNT IN TREASURY.— cations; for naturalization and the inability of the Amounts appropriated pursuant to para- (v) an analysis of the appropriate proc- Immigration and Naturalization Service to graph (1) may be referred to as the ‘‘Immi- essing times for naturalization applications; deal with them adequately has resulted in an gration Services and Infrastructure Improve- and unacceptably large backlog in naturalization ments Account’’. (vi) the additional resources and process adjudications. (3) AVAILABILITY OF FUNDS.—Amounts ap- changes needed to eliminate the backlog for (3) The processing times in the Immigra- propriated pursuant to paragraph (1) are au- naturalization adjudications; tion and Naturalization Service’s other im- thorized to remain available until expended. (B) the status of applications or, where ap- migration benefits have been unacceptably (4) LIMITATION ON EXPENDITURES.—None of plicable, petitions described in subparagraph long. Applicants for family- and employ- the funds appropriated pursuant to para- (C), by Immigration and Naturalization ment-based visas are waiting as long as 3 to graph (1) may be expended until the report Service district, including— 4 years to obtain a visa or an adjustment to described in section 205(a) has been sub- (i) the number of cases adjudicated in each lawful permanent resident status. mitted to Congress. quarter of each fiscal year; (4) In California, the delays in processing SEC. 205. REPORTS TO CONGRESS. (ii) the average processing time for such adjustment of status applications have aver- (a) BACKLOG ELIMINATION PLAN.— applications or petitions; aged 52 months. In Texas, the delays have

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9515 averaged 69 months. Residents of New York tions as may be necessary to ensure that a (A) State-by-State data on— have had to wait up to 28 months; in Florida, backlog does not develop after such date; and (i) the number of naturalization cases adju- 26 months; in Illinois, 37 months; in Oregon, (3) make such improvements in infrastruc- dicated in each quarter of each fiscal year; 31 months; and in Arizona, 49 months. Most ture as may be necessary to effectively pro- (ii) the average processing time for natu- other States have experienced unacceptably vide immigration services. ralization applications; long processing and adjudication delays. (b) AUTHORIZATION OF APPROPRIATIONS.— (iii) the number of naturalization applica- (5) Applicants pay fees to have their appli- (1) IN GENERAL.—There is authorized to be tions pending for up to 6 months, 12 months, cations adjudicated in a timely manner. appropriated to the Department of Justice 18 months, 24 months, 36 months, and 48 These fees have increased dramatically in re- from time to time such sums as may be nec- months or more; cent years without a commensurate increase essary for the Attorney General to carry out (iv) estimated processing times adjudi- in the capability of that Immigration and subsection (a). cating newly submitted naturalization appli- Naturalization Service to process and adju- (2) DESIGNATION OF ACCOUNT IN TREASURY.— cations; dicate these cases in an efficient manner. Amounts appropriated pursuant to para- (v) an analysis of the appropriate proc- (6) Processing these applications in a time- graph (1) may be referred to as the ‘‘Immi- essing times for naturalization applications; ly fashion is critical. Each 12-month delay in gration Services and Infrastructure Improve- and adjudicating an adjustment of status appli- ments Account’’. (vi) the additional resources and process cation requires the alien to file applications (3) AVAILABILITY OF FUNDS.—Amounts ap- changes needed to eliminate the backlog for to extend employment authorization to work propriated pursuant to paragraph (1) are au- naturalization adjudications; and advance parole documents to travel. thorized to remain available until expended. (B) the status of applications or, where ap- (7) The enormous delays in processing ap- (4) LIMITATION ON EXPENDITURES.—None of plicable, petitions described in subparagraph plications for families and businesses have the funds appropriated pursuant to para- (C), by Immigration and Naturalization had a negative impact on the reunification of graph (1) may be expended until the report Service district, including— spouses and minor children and the ability of described in section 205(a) has been sub- (i) the number of cases adjudicated in each law-abiding and contributing members of our mitted to Congress. quarter of each fiscal year; communities to participate fully in the civic SEC. 205. REPORTS TO CONGRESS. (ii) the average processing time for such life of the United States. (a) BACKLOG ELIMINATION PLAN.— applications or petitions; (8) United States employers have also ex- (1) REPORT REQUIRED.—Not later than 90 (iii) the number of applications or peti- perienced debilitating delays in hiring em- days after the date of enactment of this Act, tions pending for up to 6 months, 12 months, ployees who contribute to the economic the Attorney General shall submit a report 18 months, 24 months, 36 months, and 48 growth of the United States. These delays to the Committees on the Judiciary and Ap- months or more; have forced employers to send highly skilled propriations of the Senate and the House of (iv) the estimated processing times adjudi- and valued employees out of the United Representatives concerning— cating newly submitted applications or peti- States because their immigrant petitions (A) the backlogs in immigration benefit tions; were not approved in a timely fashion. Such applications in existence as of the date of en- (v) an analysis of the appropriate proc- disruptions seriously threaten the competi- actment of this title; and essing times for applications or petitions; tive edge of the United States in the global (B) the Attorney General’s plan for elimi- and marketplace. nating such backlogs. (vi) a description of the additional re- (b) PURPOSES.—The purposes of this title (2) REPORT ELEMENTS.—The report shall in- sources and process changes needed to elimi- are to— clude— nate the backlog for such processing and ad- (1) provide the Immigration and Natu- (A) an assessment of the data systems used judications; and ralization Service with the mechanisms it in adjudicating and reporting on the status (C) a status report on— needs to eliminate the current backlog in of immigration benefit applications, includ- (i) applications for adjustments of status the processing of immigration benefit appli- ing— to that of an alien lawfully admitted for per- cations within 1 year after enactment of this (i) a description of the adequacy of existing manent residence; Act and to maintain the elimination of the computer hardware, computer software, and (ii) petitions for nonimmigrant visas under backlog in future years; and other mechanisms to comply with the adju- section 214 of the Immigration and Nation- (2) provide for regular congressional over- dications and reporting requirements of this ality Act; sight of the performance of the Immigration title; and (iii) petitions filed under section 204 of and Naturalization Service in eliminating (ii) a plan for implementing improvements such Act to classify aliens as immediate rel- the backlog and processing delays in immi- to existing data systems to accomplish the atives or preference immigrants under sec- gration benefits adjudications. purpose of this title, as described in section tion 203 of such Act; (c) POLICY.—It is the sense of Congress that 202(b); (iv) applications for asylum under section the processing of an immigration benefit ap- (B) a description of the quality controls to 208 of such Act; plication should be completed not later than be put into force to ensure timely, fair, accu- (v) registrations for Temporary Protected 180 days after the initial filing of the appli- rate, and complete processing and adjudica- Status under section 244 of such Act; and cation, except that a petition for a non- tion of such applications; (vi) a description of the additional re- immigrant visa under section 214(c) of the (C) the elements specified in subsection sources and process changes needed to elimi- Immigration and Nationality Act should be (b)(2); nate the backlog for such processing and ad- processed not later than 30 days after the fil- (D) an estimate of the amount of appro- judications. ing of the petition. priated funds that would be necessary in (3) ABSENCE OF APPROPRIATED FUNDS.—In SEC. 203. DEFINITIONS. order to eliminate the backlogs in each cat- the event that no funds are appropriated sub- In this title: egory of immigration benefit applications ject to section 204(b) in the fiscal year in (1) BACKLOG.—The term ‘‘backlog’’ means, described in subsection (b)(2); and which this Act is enacted, the Attorney Gen- with respect to an immigration benefit ap- (E) a detailed plan on how the Attorney eral shall submit a report to Congress not plication, the period of time in excess of 180 General will use any funds in the Immigra- later than 90 days after the end of such fiscal days that such application has been pending tion Services and Infrastructure Improve- year, and each fiscal year thereafter, con- before the Immigration and Naturalization ments Account to comply with the purposes taining the elements described in paragraph Service. of this title. (2). (2) IMMIGRATION BENEFIT APPLICATION.—The (b) ANNUAL REPORTS.— AMENDMENT NO. 4268 term ‘‘immigration benefit application’’ (1) IN GENERAL.—Beginning 90 days after means any application or petition to confer, the end of the first fiscal year for which any On line 9, strike ‘‘waivers).’’, and insert the certify, change, adjust, or extend any status appropriation authorized by section 204(b) is following: granted under the Immigration and Nation- made, and 90 days after the end of each fiscal waivers and authority to change status). ality Act. year thereafter, the Attorney General shall TITLE II—IMMIGRATION SERVICES AND SEC. 204. IMMIGRATION SERVICES AND INFRA- submit a report to the Committees on the INFRASTRUCTURE IMPROVEMENTS STRUCTURE IMPROVEMENT AC- Judiciary and Appropriations of the Senate SEC. 201. SHORT TITLE. COUNT. and the House of Representatives concerning This title may be cited as the ‘‘Immigra- (a) AUTHORITY OF THE ATTORNEY GEN- the status of— tion Services and Infrastructure Improve- ERAL.—The Attorney General shall take such (A) the Immigration Services and Infra- ments Act of 2000’’. measures as may be necessary to— structure Improvements Account including SEC. 202. CONGRESSIONAL FINDINGS AND PUR- (1) reduce the backlog in the processing of any unobligated balances of appropriations POSES. immigration benefit applications, with the in the Account; and (a) FINDINGS.—Congress makes the fol- objective of the total elimination of the (B) the Attorney General’s efforts to elimi- lowing findings: backlog not later than one year after the nate backlogs in any immigration benefit (1) Applications for naturalization have in- date of enactment of this Act; application described in paragraph (2). creased dramatically in recent years, out- (2) make such other improvements in the (2) REPORT ELEMENTS.—The report shall in- pacing the Immigration and Naturalization processing of immigration benefit applica- clude— Service’s ability to process them.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9516 CONGRESSIONAL RECORD — SENATE September 28, 2000 (2) The dramatic increase in applications certify, change, adjust, or extend any status appropriation authorized by section 204(b) is for naturalization and the inability of the granted under the Immigration and Nation- made, and 90 days after the end of each fiscal Immigration and Naturalization Service to ality Act. year thereafter, the Attorney General shall deal with them adequately has resulted in an SEC. 204. IMMIGRATION SERVICES AND INFRA- submit a report to the Committees on the unacceptably large backlog in naturalization STRUCTURE IMPROVEMENT AC- Judiciary and Appropriations of the Senate adjudications. COUNT. and the House of Representatives concerning (3) The processing times in the Immigra- (a) AUTHORITY OF THE ATTORNEY GEN- the status of— tion and Naturalization Service’s other im- ERAL.—The Attorney General shall take such (A) the Immigration Services and Infra- migration benefits have been unacceptably measures as may be necessary to— structure Improvements Account including long. Applicants for family- and employ- (1) reduce the backlog in the processing of any unobligated balances of appropriations ment-based visas are waiting as long as 3 to immigration benefit applications, with the in the Account; and 4 years to obtain a visa or an adjustment to objective of the total elimination of the (B) the Attorney General’s efforts to elimi- lawful permanent resident status. backlog not later than one year after the (4) In California, the delays in processing date of enactment of this Act; nate backlogs in any immigration benefit adjustment of status applications have aver- (2) make such other improvements in the application described in paragraph (2). aged 52 months. In Texas, the delays have processing of immigration benefit applica- (2) REPORT ELEMENTS.—The report shall in- averaged 69 months. Residents of New York tions as may be necessary to ensure that a clude— have had to wait up to 28 months; in Florida, backlog does not develop after such date; and (A) State-by-State data on— 26 months; in Illinois, 37 months; in Oregon, (3) make such improvements in infrastruc- (i) the number of naturalization cases adju- 31 months; and in Arizona, 49 months. Most ture as may be necessary to effectively pro- dicated in each quarter of each fiscal year; other States have experienced unacceptably vide immigration services. (ii) the average processing time for natu- long processing and adjudication delays. (b) AUTHORIZATION OF APPROPRIATIONS.— ralization applications; (5) Applicants pay fees to have their appli- (1) IN GENERAL.—There is authorized to be (iii) the number of naturalization applica- cations adjudicated in a timely manner. appropriated to the Department of Justice tions pending for up to 6 months, 12 months, These fees have increased dramatically in re- from time to time such sums as may be nec- 18 months, 24 months, 36 months, and 48 cent years without a commensurate increase essary for the Attorney General to carry out months or more; in the capability of that Immigration and subsection (a). (iv) estimated processing times adjudi- Naturalization Service to process and adju- (2) DESIGNATION OF ACCOUNT IN TREASURY.— cating newly submitted naturalization appli- dicate these cases in an efficient manner. Amounts appropriated pursuant to para- cations; (6) Processing these applications in a time- graph (1) may be referred to as the ‘‘Immi- (v) an analysis of the appropriate proc- ly fashion is critical. Each 12-month delay in gration Services and Infrastructure Improve- essing times for naturalization applications; adjudicating an adjustment of status appli- ments Account’’. and cation requires the alien to file applications (3) AVAILABILITY OF FUNDS.—Amounts ap- (vi) the additional resources and process to extend employment authorization to work propriated pursuant to paragraph (1) are au- changes needed to eliminate the backlog for and advance parole documents to travel. thorized to remain available until expended. naturalization adjudications; (7) The enormous delays in processing ap- (4) LIMITATION ON EXPENDITURES.—None of (B) the status of applications or, where applications for families and businesses have the funds appropriated pursuant to para- plicable, petitions described in subparagraph had a negative impact on the reunification of graph (1) may be expended until the report (C), by Immigration and Naturalization spouses and minor children and the ability of described in section 205(a) has been sub- Service district, including— law-abiding and contributing members of our mitted to Congress. (i) the number of cases adjudicated in each communities to participate fully in the civic SEC. 205. REPORTS TO CONGRESS. quarter of each fiscal year; life of the United States. (a) BACKLOG ELIMINATION PLAN.— (8) United States employers have also ex- (ii) the average processing time for such (1) REPORT REQUIRED.—Not later than 90 applications or petitions; perienced debilitating delays in hiring em- days after the date of enactment of this Act, (iii) the number of applications or peti- ployees who contribute to the economic the Attorney General shall submit a report tions pending for up to 6 months, 12 months, growth of the United States. These delays to the Committees on the Judiciary and Ap- 18 months, 24 months, 36 months, and 48 have forced employers to send highly skilled propriations of the Senate and the House of and valued employees out of the United Representatives concerning— months or more; States because their immigrant petitions (A) the backlogs in immigration benefit (iv) the estimated processing times adjudi- were not approved in a timely fashion. Such applications in existence as of the date of en- cating newly submitted applications or peti- disruptions seriously threaten the competi- actment of this title; and tions; tive edge of the United States in the global (B) the Attorney General’s plan for elimi- (v) an analysis of the appropriate proc- marketplace. nating such backlogs. essing times for applications or petitions; (b) PURPOSES.—The purposes of this title (2) REPORT ELEMENTS.—The report shall in- and are to— clude— (vi) a description of the additional re- (1) provide the Immigration and Natu- (A) an assessment of the data systems used sources and process changes needed to elimi- ralization Service with the mechanisms it in adjudicating and reporting on the status nate the backlog for such processing and ad- needs to eliminate the current backlog in of immigration benefit applications, includ- judications; and the processing of immigration benefit appli- ing— (C) a status report on— cations within 1 year after enactment of this (i) a description of the adequacy of existing (i) applications for adjustments of status Act and to maintain the elimination of the computer hardware, computer software, and to that of an alien lawfully admitted for per- backlog in future years; and other mechanisms to comply with the adju- manent residence; (2) provide for regular congressional over- dications and reporting requirements of this (ii) petitions for nonimmigrant visas under sight of the performance of the Immigration title; and section 214 of the Immigration and Nation- and Naturalization Service in eliminating (ii) a plan for implementing improvements ality Act; the backlog and processing delays in immi- to existing data systems to accomplish the (iii) petitions filed under section 204 of gration benefits adjudications. purpose of this title, as described in section such Act to classify aliens as immediate rel- (c) POLICY.—It is the sense of Congress that 202(b); the processing of an immigration benefit ap- atives or preference immigrants under sec- (B) a description of the quality controls to tion 203 of such Act; plication should be completed not later than be put into force to ensure timely, fair, accu- 180 days after the initial filing of the appli- (iv) applications for asylum under section rate, and complete processing and adjudica- 208 of such Act; cation, except that a petition for a non- tion of such applications; (v) registrations for Temporary Protected immigrant visa under section 214(c) of the (C) the elements specified in subsection Status under section 244 of such Act; and Immigration and Nationality Act should be (b)(2); (vi) a description of the additional re- processed not later than 30 days after the fil- (D) an estimate of the amount of appro- ing of the petition. priated funds that would be necessary in sources and process changes needed to elimi- SEC. 203. DEFINITIONS. order to eliminate the backlogs in each cat- nate the backlog for such processing and ad- In this title: egory of immigration benefit applications judications. (1) BACKLOG.—The term ‘‘backlog’’ means, described in subsection (b)(2); and (3) ABSENCE OF APPROPRIATED FUNDS.—In with respect to an immigration benefit ap- (E) a detailed plan on how the Attorney the event that no funds are appropriated sub- plication, the period of time in excess of 180 General will use any funds in the Immigra- ject to section 204(b) in the fiscal year in days that such application has been pending tion Services and Infrastructure Improve- which this Act is enacted, the Attorney Gen- before the Immigration and Naturalization ments Account to comply with the purposes eral shall submit a report to Congress not Service. of this title. later than 90 days after the end of such fiscal (2) IMMIGRATION BENEFIT APPLICATION.—The (b) ANNUAL REPORTS.— year, and each fiscal year thereafter, con- term ‘‘immigration benefit application’’ (1) IN GENERAL.—Beginning 90 days after taining the elements described in paragraph means any application or petition to confer, the end of the first fiscal year for which any (2).

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9517 LOTT AMENDMENT NO. 4269 of a petition described in subsection (c), to- ‘‘(2) A nonimmigrant alien described in ward the numerical limitations of paragraph this paragraph is a nonimmigrant alien— Mr. LOTT proposed an amendment to (1)(A) shall not again be counted toward ‘‘(A) who has been lawfully admitted into the instructions of the motion to re- those limitations unless the alien would be the United States; commit the bill, S. 2045, supra; as fol- eligible for a full 6 years of authorized ad- ‘‘(B) on whose behalf an employer has filed lows: mission at the time the petition is filed. a nonfrivolous petition for new employment Strike all after the first word and insert Where multiple petitions are approved for 1 before the date of expiration of the period of the following: alien, that alien shall be counted only stay authorized by the Attorney General; once.’’. SECTION 1. SHORT TITLE. and This Act may be cited as the ‘‘American SEC. 4. LIMITATION ON PER COUNTRY CEILING ‘‘(C) who has not been employed without WITH RESPECT TO EMPLOYMENT- authorization before or during the pendency Competitiveness in the Twenty-first Century BASED IMMIGRANTS. Act of 2000’’. of such petition for new employment in the (a) SPECIAL RULES.—Section 202(a) of the United States.’’. SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- Immigration and Nationality Act (8 U.S.C. MENTS. (b) EFFECTIVE DATE.—The amendment 1152(a)) is amended by adding at the end the made by subsection (a) shall apply to peti- (a) FISCAL YEARS 2000–2002.—Section following new paragraph: 214(g)(1)(A) of the Immigration and Nation- tions filed before, on, or after the date of en- ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- actment of this Act. ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— GRANTS.— SEC. 6. SPECIAL PROVISIONS IN CASES OF (1) by redesignating clause (v) as clause ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT LENGTHY ADJUDICATIONS. (vi); and SUBJECT TO PER COUNTRY LIMITATION IF ADDI- (2) by striking clauses (iii) and (iv) and in- TIONAL VISAS AVAILABLE.—If the total num- (a) EXEMPTION FROM LIMITATION.—The lim- serting the following: ber of visas available under paragraph (1), itation contained in section 214(g)(4) of the ‘‘(iii) 195,000 in fiscal year 2000; and (2), (3), (4), or (5) of section 203(b) for a cal- Immigration and Nationality Act (8 U.S.C. ‘‘(iv) 195,000 in fiscal year 2001; endar quarter exceeds the number of quali- 1184(g)(4)) with respect to the duration of au- ‘‘(v) 195,000 in fiscal year 2002; and’’. fied immigrants who may otherwise be thorized stay shall not apply to any non- (b) ADDITIONAL VISAS FOR FISCAL YEAR issued such visas, the visas made available immigrant alien previously issued a visa or 1999.— under that paragraph shall be issued without otherwise provided nonimmigrant status (1) IN GENERAL.—Notwithstanding section regard to the numerical limitation under under section 101(a)(15)(H)(i)(b) of that Act 214(g)(1)(A)(ii) of the Immigration and Na- paragraph (2) of this subsection during the on whose behalf a petition under section tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the remainder of the calendar quarter. 204(b) of that Act to accord the alien immi- total number of aliens who may be issued ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN grant status under section 203(b) of that Act, visas or otherwise provided nonimmigrant COUNTRIES SUBJECT TO SUBSECTION (E).—In the or an application for adjustment of status status under section 101(a)(15)(H)(i)(b) of case of a foreign state or dependent area to under section 245 of that Act to accord the such Act in fiscal year 1999 is increased by a which subsection (e) applies, if the total alien status under such section 203(b), has number equal to the number of aliens who number of visas issued under section 203(b) been filed, if 365 days or more have elapsed are issued such a visa or provided such status exceeds the maximum number of visas that since— during the period beginning on the date on may be made available to immigrants of the (1) the filing of a labor certification appli- which the limitation in such section state or area under section 203(b) consistent cation on the alien’s behalf (if such certifi- 214(g)(1)(A)(ii) is reached and ending on Sep- with subsection (e) (determined without re- cation is required for the alien to obtain sta- tember 30, 1999. gard to this paragraph), in applying sub- tus under such section 203(b)); or (2) EFFECTIVE DATE.—Paragraph (1) shall section (e) all visas shall be deemed to have (2) the filing of the petition under such sec- take effect as if included in the enactment of been required for the classes of aliens speci- tion 204(b). section 411 of the American Competitiveness fied in section 203(b).’’. (b) EXTENSION OF H1–B WORKER STATUS.— and Workforce Improvement Act of 1998 (as (b) CONFORMING AMENDMENTS.— The Attorney General shall extend the stay contained in title IV of division C of the Om- (1) Section 202(a)(2) of the Immigration and of an alien who qualifies for an exemption nibus Consolidated and Emergency Supple- Nationality Act (8 U.S.C. 1152(a)(2)) is under subsection (a) in one-year increments mental Appropriations Act, 1999; Public Law amended by striking ‘‘paragraphs (3) and (4)’’ until such time as a final decision is made on 105–277). and inserting ‘‘paragraphs (3), (4), and (5)’’. the alien’s lawful permanent residence. SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- (2) Section 202(e)(3) of the Immigration and SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS SEARCH FACILITIES, AND GRAD- Nationality Act (8 U.S.C. 1152(e)(3)) is AND AUTHORITIES THROUGH FIS- UATE DEGREE RECIPIENTS; COUNT- amended by striking ‘‘the proportion of the CAL YEAR 2002. ING RULES. visa numbers’’ and inserting ‘‘except as pro- (a) ATTESTATION REQUIREMENTS.—Section Section 214(g) of the Immigration and Na- vided in subsection (a)(5), the proportion of 212(n)(1)(E)(ii)) of the Immigration and Na- tionality Act (8 U.S.C. 1184(g)) is amended by the visa numbers’’. tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is adding at the end the following new para- (c) ONE-TIME PROTECTION UNDER PER COUN- amended by striking ‘‘October 1, 2001’’ and graphs: TRY CEILING.—Notwithstanding section inserting ‘‘October 1, 2002’’. ‘‘(5) The numerical limitations contained 214(g)(4) of the Immigration and Nationality (b) DEPARTMENT OF LABOR INVESTIGATIVE in paragraph (1)(A) shall not apply to any Act (8 U.S.C. 1184(g)(4)), any alien who— AUTHORITIES.—Section 413(e)(2) of the Amer- nonimmigrant alien issued a visa or other- (1) is the beneficiary of a petition filed ican Competitiveness and Workforce Im- wise provided status under section under section 204(a) of that Act for a pref- provement Act of 1998 (as contained in title 101(a)(15)(H)(i)(b)— erence status under paragraph (1), (2), or (3) IV of division C of Public Law 105–277) is ‘‘(A) who is employed (or has received an of section 203(b) of that Act; and amended by striking ‘‘September 30, 2001’’ offer of employment) at— (2) would be subject to the per country lim- and inserting ‘‘September 30, 2002’’. ‘‘(i) an institution of higher education (as itations applicable to immigrants but for defined in section 101(a) of the Higher Edu- this subsection, SEC. 8. RECOVERY OF VISAS USED FRAUDU- cation Act of 1965 (20 U.S.C. 1001(a))), or a re- may apply for, and the Attorney General LENTLY. lated or affiliated nonprofit entity; or may grant, an extension of such non- Section 214(g)(3) of the Immigration and ‘‘(ii) a nonprofit research organization or a immigrant status until the alien’s applica- Nationality Act (8 U.S.C. 1184 (g)(3)) is governmental research organization; or tion for adjustment of status has been proc- amended to read as follows: ‘‘(B) for whom a petition is filed not more essed and a decision made thereon. ‘‘(3) Aliens who are subject to the numer- than 90 days before or not more than 180 days SEC. 5. INCREASED PORTABILITY OF H–1B STA- ical limitations of paragraph (1) shall be after the nonimmigrant has attained a mas- TUS. issued visas (or otherwise provided non- ter’s degree or higher degree from an institu- (a) IN GENERAL.—Section 214 of the Immi- immigrant status) in the order in which petition of higher education (as defined in sec- gration and Nationality Act (8 U.S.C. 1184) is tions are filed for such visas or status. If an tion 101(a) of the Higher Education Act of amended by adding at the end the following alien who was issued a visa or otherwise pro- 1965 (20 U.S.C. 1001(a))). new subsection: vided nonimmigrant status and counted ‘‘(6) Any alien who ceases to be employed ‘‘(m)(1) A nonimmigrant alien described in against the numerical limitations of para- by an employer described in paragraph (5)(A) paragraph (2) who was previously issued a graph (1) is found to have been issued such shall, if employed as a nonimmigrant alien visa or otherwise provided nonimmigrant visa or otherwise provided such status by described in section 101(a)(15)(H)(i)(b), who status under section 101(a)(15)(H)(i)(b) is au- fraud or willfully misrepresenting a material has not previously been counted toward the thorized to accept new employment upon the fact and such visa or nonimmigrant status is numerical limitations contained in para- filing by the prospective employer of a new revoked, then one number shall be restored graph (1)(A), be counted toward those limita- petition on behalf of such nonimmigrant as to the total number of aliens who may be tions the first time the alien is employed by provided under subsection (a). Employment issued visas or otherwise provided such sta- an employer other than one described in authorization shall continue for such alien tus under the numerical limitations of para- paragraph (5)(A). until the new petition is adjudicated. If the graph (1) in the fiscal year in which the peti- ‘‘(7) Any alien who has already been count- new petition is denied, such authorization tion is revoked, regardless of the fiscal year ed, within the 6 years prior to the approval shall cease. in which the petition was approved.’’.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9518 CONGRESSIONAL RECORD — SENATE September 28, 2000 SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- 277) is amended by adding at the end the fol- under section 171 of the Workforce Invest- ITAL DIVIDE’’. lowing new subsection: ment Act (29 U.S.C. 2916) to partnerships (a) STUDY.—The National Science Founda- ‘‘(e) REPORTING REQUIREMENT.—The Sec- that shall consist of at least 2 businesses or tion shall conduct a study of the divergence retary of Labor and the Director of the Na- a business-related nonprofit organization in access to high technology (commonly re- tional Science Foundation shall— that represents more than one business, and ferred to as the ‘‘digital divide’’) in the ‘‘(1) track and monitor the performance of that may include any educational, labor, United States. programs receiving H–1B Nonimmigrant Fee community organization, or workforce in- (b) REPORT.—Not later than 18 months grant money; and vestment board, except that such grant after the date of enactment of this Act, the ‘‘(2) not later than one year after the date funds may be used only to carry out a strat- Director of the National Science Foundation of enactment of this subsection, submit a re- egy that would otherwise not be eligible for shall submit a report to Congress setting port to the Committees on the Judiciary of funds provided under clause (i), due to bar- forth the findings of the study conducted the House of Representatives and the Sen- riers in meeting those partnership eligibility under subsection (a). ate— criteria, on a national, multistate, regional, SEC. 10. MODIFICATION OF NONIMMIGRANT PE- ‘‘(A) the tracking system to monitor the or rural area (such as rural telework pro- TITIONER ACCOUNT PROVISIONS. performance of programs receiving H–1B grams) basis. (a) ALLOCATION OF FUNDS.—Section 286(s) grant funding; and ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL of the Immigration and Nationality Act (8 ‘‘(B) the number of individuals who have AGENTS.—Each partnership formed under U.S.C. 1356(s)) is amended— completed training and have entered the subparagraph (A) shall designate a respon- (1) in paragraph (2), by striking ‘‘56.3 per- high-skill workforce through these pro- sible fiscal agent to receive and disburse cent’’ and inserting ‘‘55 percent’’; grams.’’. grant funds under this subsection. (2) in paragraph (3), by striking ‘‘28.2 per- SEC. 11. DEMONSTRATION PROGRAMS AND ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- cent’’ and inserting ‘‘23.5 percent’’; PROJECTS TO PROVIDE TECHNICAL sideration in the awarding of grants shall be (3) by amending paragraph (4) to read as SKILLS TRAINING FOR WORKERS. given to any partnership that involves and follows: Section 414(c) of the American Competi- directly benefits more than one small busi- ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- tiveness and Workforce Improvement Act of ness (each consisting of 100 employees or PETITIVE GRANT PROGRAM FOR K–12 MATH, 1998 (as contained in title IV of division C of less). SCIENCE AND TECHNOLOGY EDUCATION.— Public Law 105–277; 112 Stat. 2681–653) is ‘‘(D) ALLOCATION OF GRANTS.—In making ‘‘(A) IN GENERAL.—15 percent of the amended to read as follows: grants under this paragraph, the Secretary amounts deposited into the H–1B Non- ‘‘(c) DEMONSTRATION PROGRAMS AND shall make every effort to fairly distribute immigrant Petitioner Account shall remain PROJECTS TO PROVIDE TECHNICAL SKILLS grants across rural and urban areas, and available to the Director of the National TRAINING FOR WORKERS.— across the different geographic regions of the Science Foundation until expended to carry ‘‘(1) IN GENERAL.— United States. The total amount of grants out a direct or matching grant program to ‘‘(A) FUNDING.—The Secretary of Labor awarded to carry out programs and projects support private-public partnerships in K–12 shall use funds available under section described in paragraph (1)(A) shall be allo- education. 286(s)(2) of the Immigration and Nationality cated as follows: ‘‘(B) TYPES OF PROGRAMS COVERED.—The Act (8 U.S.C. 1356(s)(2)) to establish dem- ‘‘(i) At least 80 percent of the grants shall Director shall award grants to such pro- onstration programs or projects to provide be awarded to programs and projects that grams, including those which support the de- technical skills training for workers, includ- train employed and unemployed workers in velopment and implementation of standards- ing both employed and unemployed workers. skills that are in shortage in high tech- based instructional materials models and re- ‘‘(B) TRAINING PROVIDED.—Training funded nology, information technology, and bio- lated student assessments that enable K–12 by a program or project described in sub- technology, including skills needed for soft- students to acquire an understanding of paragraph (A) shall be for persons who are ware and communications services, tele- science, mathematics, and technology, as currently employed and who wish to obtain communications, systems installation and well as to develop critical thinking skills; and upgrade skills as well as for persons who integration, computers and communications provide systemic improvement in training are unemployed. Such training is not limited hardware, advanced manufacturing, health K–12 teachers and education for students in to skill levels commensurate with a four- care technology, biotechnology and bio- science, mathematics, and technology; sup- year undergraduate degree, but should in- medical research and manufacturing, and in- port the professional development of K–12 clude the preparation of workers for a broad novation services. math and science teachers in the used of range of positions along a career ladder. Con- ‘‘(ii) No more than 20 percent of the grants technology in the classroom; stimulate sys- sideration shall be given to the use of grant shall be available to programs and projects tem-wide K–12 reform of science, mathe- funds to demonstrate a significant ability to that train employed and unemployed work- matics, and technology in rural, economi- expand a training program or project ers for skills related to any H–1B skill short- cally disadvantaged regions of the United through such means as training more work- age. States; provide externships and other oppor- ers or offering more courses, and training ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- tunities for students to increase their appre- programs or projects resulting from collabo- graph (D)(ii), the term ‘H–1B skill shortage’ ciation and understanding of science, mathe- rations, especially with more than one small means a shortage of skills necessary for em- matics, engineering, and technology (includ- business or with a labor-management train- ployment in a specialty occupation, as de- ing summer institutes sponsored by an insti- ing program or project. All training shall be fined in section 214(i) of the Immigration and tution of higher education for students in justified with evidence of skill shortages as Nationality Act. grades 7–12 that provide instruction in such demonstrated through reliable regional, ‘‘(3) START-UP FUNDS.— fields); involve partnerships of industry, edu- State, or local data. ‘‘(A) IN GENERAL.—Except as provided in cational institutions, and community orga- ‘‘(2) GRANTS.— subparagraph (B), not more than 5 percent of nizations to address the educational needs of ‘‘(A) ELIGIBILITY.—To carry out the pro- any single grant, or not to exceed $75,000, disadvantaged communities; provide college grams and projects described in paragraph whichever is less, may be used toward the preparatory support to expose and prepare (1)(A), the Secretary of Labor shall, in con- start-up costs of partnerships or new train- students for careers in science, mathematics, sultation with the Secretary of Commerce, ing programs and projects. engineering, and technology; and provide for subject to the availability of funds in the H– ‘‘(B) EXCEPTION.—In the case of partner- carrying out systemic reform activities 1B Nonimmigrant Petitioner Account, ships consisting primarily of small busi- under section 3(a)(1) of this National Science award— nesses, not more than 10 percent of any sin- Foundation Act of 1950 (42 U.S.C. ‘‘(i) 75 percent of the grants to a local gle grant, or $150,000, whichever is less, may 1862(a)(1)).’’; workforce investment board established be used toward the start-up costs of partner- (4) in paragraph (6), by striking ‘‘6 per- under section 117 of the Workforce Invest- ships or new training programs and projects. cent’’ and inserting ‘‘5 percent’’; and ment Act of 1998 (29 U.S.C. 2832) or consortia ‘‘(C) DURATION OF START-UP PERIOD.—For (5) in paragraph (6), by striking ‘‘3 per- of such boards in a region. Each workforce purposes of this subsection, a start-up period cent’’ each place it appears and inserting investment board or consortia of boards re- consists of a period of not more than 2 ‘‘2.5 percent’’. ceiving grant funds shall represent a local or months after the grant period begins, at (b) LOW-INCOME SCHOLARSHIP PROGRAM.— regional public-private partnership con- which time training shall immediately begin Section 414(d)(3) of the American Competi- sisting of at least— and no further Federal funds may be used for tiveness and Workforce Improvement Act of ‘‘(I) one workforce investment board; start-up purposes. 1998 (as contained in title IV of division C of ‘‘(II) one community-based organization or ‘‘(4) TRAINING OUTCOMES.— Public Law 105–277) is amended by striking higher education institution or labor union; ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per and AND PROJECTS.—Consideration in the award- year. The Director may renew scholarships ‘‘(III) one business or business-related non- ing of grants shall be given to applicants for up to 4 years.’’. profit organization such as a trade associa- that provide a specific, measurable commit- (c) REPORTING REQUIREMENT.—Section 414 tion; and ment upon successful completion of a train- of the American Competitiveness and Work- ‘‘(ii) 25 percent of the grants under the Sec- ing course, to— force Improvement Act of 1998 (as contained retary of Labor’s authority to award grants ‘‘(i) hire or effectuate the hiring of unem- in title IV of division C of Public Law 105– for demonstration projects or programs ployed trainees (where applicable);

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9519 ‘‘(ii) increase the wages or salary of incum- divide between young people who have access SEC. 13. SEVERABILITY. bent workers (where applicable); and to computer-based information and tech- If any provision of this Act (or any amend- ‘‘(iii) provide skill certifications to train- nology-related skills and those who do not. ment made by this Act) or the application ees or link the training to industry-accepted (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO thereof to any person or circumstance is held occupational skill standards, certificates, or THE BOYS AND GIRLS CLUBS OF AMERICA.— invalid, the remainder of the Act (and the licensing requirements. (1) PURPOSES.—The Attorney General shall amendments made by this Act) and the ap- ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- make grants to the Boys and Girls Clubs of plication of such provision to any other per- TIONS.—Applications for grants shall— America for the purpose of funding effective son or circumstance shall not be affected ‘‘(i) articulate the level of skills that work- after-school technology programs, such as thereby. This section shall be enacted one ers will be trained for and the manner by PowerUp, in order to provide— day after effective date. which attainment of those skills will be (A) constructive technology-focused activi- measured; and ties that are part of a comprehensive pro- LOTT AMENDMENT NO. 4270 ‘‘(ii) include an agreement that the program to provide access to technology and gram or project shall be subject to evalua- technology training to youth during after- Mr. LOTT proposed an amendment to tion by the Secretary of Labor to measure school hours, weekends, and school vaca- amendment No. 4269 proposed by him- its effectiveness. tions; self tothe bill S. 2045, supra; as follows: (B) supervised activities in safe environ- ‘‘(5) MATCHING FUNDS.—Each application In lieu of the matter proposed insert the for a grant to carry out a program or project ments for youth; and following: described in paragraph (1)(A) shall state the (C) full-time staffing with teachers, tutors, manner by which the partnership will pro- and other qualified personnel. SECTION 1. SHORT TITLE. vide non-Federal matching resources (cash, (2) SUBAWARDS.—The Boys and Girls Clubs This Act may be cited as the ‘‘American or in-kind contributions, or both) equal to at of America shall make subawards to local Competitiveness in the Twenty-first Century least 50 percent of the total grant amount boys and girls clubs authorizing expenditures Act of 2000’’. awarded under paragraph (2)(A)(i), and at associated with providing technology pro- SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- least 100 percent of the total grant amount grams such as PowerUp, including the hiring MENTS. awarded under paragraph (2)(A)(ii). At least of teachers and other personnel, procure- (a) FISCAL YEARS 2000–2002.—Section one-half of the non-Federal matching funds ment of goods and services, including com- 214(g)(1)(A) of the Immigration and Nation- shall be from the business or businesses or puter equipment, or such other purposes as ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— business-related nonprofit organizations in- are approved by the Attorney General. (1) by redesignating clause (v) as clause volved. Consideration in the award of grants (d) APPLICATIONS.— (vi); and shall be given to applicants that provide a (1) ELIGIBILITY.—In order to be eligible to (2) by striking clauses (iii) and (iv) and in- specific commitment or commitments of re- receive a grant under this section, an appli- serting the following: sources from other public or private sources, cant for a subaward (specified in subsection ‘‘(iii) 195,000 in fiscal year 2000; and or both, so as to demonstrate the long-term (c)(2)) shall submit an application to the ‘‘(iv) 195,000 in fiscal year 2001; sustainability of the training program or Boys and Girls Clubs of America, in such ‘‘(v) 195,000 in fiscal year 2002; and’’. project after the grant expires. form and containing such information as the (b) ADDITIONAL VISAS FOR FISCAL YEAR ‘‘(6) ADMINISTRATIVE COSTS.—An entity Attorney General may reasonably require. 1999.— that receives a grant to carry out a program (2) APPLICATION REQUIREMENTS.—Each ap- (1) IN GENERAL.—Notwithstanding section or project described in paragraph (1)(A) may plication submitted in accordance with para- 214(g)(1)(A)(ii) of the Immigration and Na- not use more than 10 percent of the amount graph (1) shall include— tionality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the of the grant to pay for administrative costs (A) a request for a subgrant to be used for total number of aliens who may be issued associated with the program or project.’’. the purposes of this section; visas or otherwise provided nonimmigrant SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- (B) a description of the communities to be status under section 101(a)(15)(H)(i)(b) of PUTER EDUCATION INITIATIVE. served by the grant, including the nature of such Act in fiscal year 1999 is increased by a (a) SHORT TITLE.—This section may be juvenile crime, violence, and drug use in the number equal to the number of aliens who cited as the ‘‘Kids 2000 Act’’. communities; are issued such a visa or provided such status (b) FINDINGS.—Congress makes the fol- (C) written assurances that Federal funds during the period beginning on the date on lowing findings: received under this section will be used to which the limitation in such section (1) There is an increasing epidemic of juve- supplement and not supplant, non-Federal 214(g)(1)(A)(ii) is reached and ending on Sep- nile crime throughout the United States. funds that would otherwise be available for tember 30, 1999. (2) It is well documented that the majority activities funded under this section; (2) EFFECTIVE DATE.—Paragraph (1) shall of juvenile crimes take place during after- (D) written assurances that all activities take effect as if included in the enactment of school hours. funded under this section will be supervised section 411 of the American Competitiveness (3) Knowledge of technology is becoming by qualified adults; and Workforce Improvement Act of 1998 (as increasingly necessary for children in school (E) a plan for assuring that program activi- contained in title IV of division C of the Om- and out of school. ties will take place in a secure environment nibus Consolidated and Emergency Supple- (4) The Boys and Girls Clubs of America that is free of crime and drugs; mental Appropriations Act, 1999; Public Law have 2,700 clubs throughout all 50 States, (F) a plan outlining the utilization of con- 105–277). serving over 3,000,000 boys and girls pri- tent-based programs such as PowerUp, and SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- marily from at-risk communities. the provision of trained adult personnel to SEARCH FACILITIES, AND GRAD- (5) The Boys and Girls Clubs of America supervise the after-school technology train- UATE DEGREE RECIPIENTS; COUNT- have the physical structures in place for im- ing; and ING RULES. mediate implementation of an after-school (G) any additional statistical or financial Section 214(g) of the Immigration and Na- technology program. information that the Boys and Girls Clubs of tionality Act (8 U.S.C. 1184(g)) is amended by (6) Building technology centers and pro- America may reasonably require. adding at the end the following new para- viding integrated content and full-time staff- (e) GRANT AWARDS.—In awarding subgrants graphs: ing at those centers in the Boys and Girls under this section, the Boys and Girls Clubs ‘‘(5) The numerical limitations contained Clubs of America nationwide will help foster of America shall consider— in paragraph (1)(A) shall not apply to any education, job training, and an alternative (1) the ability of the applicant to provide nonimmigrant alien issued a visa or other- to crime for at-risk youth. the intended services; wise provided status under section (7) Partnerships between the public sector (2) the history and establishment of the ap- 101(a)(15)(H)(i)(b)— and the private sector are an effective way of plicant in providing youth activities; and ‘‘(A) who is employed (or has received an providing after-school technology programs (3) the extent to which services will be pro- offer of employment) at— in the Boys and Girls Clubs of America. vided in crime-prone areas and techno- ‘‘(i) an institution of higher education (as (8) PowerUp: Bridging the Digital Divide is logically underserved populations, and ef- defined in section 101(a) of the Higher Edu- an entity comprised of more than a dozen forts to achieve an equitable geographic dis- cation Act of 1965 (20 U.S.C. 1001(a))), or a re- nonprofit organizations, major corporations, tribution of the grant awards. lated or affiliated nonprofit entity; or and Federal agencies that have joined to- (f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) a nonprofit research organization or a gether to launch a major new initiative to (1) IN GENERAL.—There is authorized to be governmental research organization; or help ensure that America’s underserved appropriated $20,000,000 for each of the fiscal ‘‘(B) for whom a petition is filed not more young people acquire the skills, experiences, years 2001 through 2006 to carry out this sec- than 90 days before or not more than 180 days and resources they need to succeed in the tion. after the nonimmigrant has attained a mas- digital age. (2) SOURCE OF FUNDS.—Funds to carry out ter’s degree or higher degree from an institu- (9) Bringing PowerUp into the Boys and this section may be derived from the Violent tion of higher education (as defined in sec- Girls Clubs of America will be an effective Crime Reduction Trust Fund. tion 101(a) of the Higher Education Act of way to ensure that our youth have a safe, (3) CONTINUED AVAILABILITY.—Amounts 1965 (20 U.S.C. 1001(a))). crime-free environment in which to learn the made available under this subsection shall ‘‘(6) Any alien who ceases to be employed technological skills they need to close the remain available until expended. by an employer described in paragraph (5)(A)

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9520 CONGRESSIONAL RECORD — SENATE September 28, 2000 shall, if employed as a nonimmigrant alien visa or otherwise provided nonimmigrant fraud or willfully misrepresenting a material described in section 101(a)(15)(H)(i)(b), who status under section 101(a)(15)(H)(i)(b) is au- fact and such visa or nonimmigrant status is has not previously been counted toward the thorized to accept new employment upon the revoked, then one number shall be restored numerical limitations contained in para- filing by the prospective employer of a new to the total number of aliens who may be graph (1)(A), be counted toward those limita- petition on behalf of such nonimmigrant as issued visas or otherwise provided such stations the first time the alien is employed by provided under subsection (a). Employment tus under the numerical limitations of para- an employer other than one described in authorization shall continue for such alien graph (1) in the fiscal year in which the peti- paragraph (5)(A). until the new petition is adjudicated. If the tion is revoked, regardless of the fiscal year ‘‘(7) Any alien who has already been count- new petition is denied, such authorization in which the petition was approved.’’. ed, within the 6 years prior to the approval shall cease. SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- of a petition described in subsection (c), to- ‘‘(2) A nonimmigrant alien described in ITAL DIVIDE’’. ward the numerical limitations of paragraph this paragraph is a nonimmigrant alien— (a) STUDY.—The National Science Founda- (1)(A) shall not again be counted toward ‘‘(A) who has been lawfully admitted into tion shall conduct a study of the divergence those limitations unless the alien would be the United States; in access to high technology (commonly re- eligible for a full 6 years of authorized ad- ‘‘(B) on whose behalf an employer has filed ferred to as the ‘‘digital divide’’) in the mission at the time the petition is filed. a nonfrivolous petition for new employment United States. (b) REPORT.—Not later than 18 months Where multiple petitions are approved for 1 before the date of expiration of the period of after the date of enactment of this Act, the alien, that alien shall be counted only stay authorized by the Attorney General; Director of the National Science Foundation once.’’. and shall submit a report to Congress setting SEC. 4. LIMITATION ON PER COUNTRY CEILING ‘‘(C) who has not been employed without forth the findings of the study conducted WITH RESPECT TO EMPLOYMENT- authorization before or during the pendency under subsection (a). BASED IMMIGRANTS. of such petition for new employment in the (a) SPECIAL RULES.—Section 202(a) of the United States.’’. SEC. 10. MODIFICATION OF NONIMMIGRANT PE- TITIONER ACCOUNT PROVISIONS. Immigration and Nationality Act (8 U.S.C. (b) EFFECTIVE DATE.—The amendment (a) ALLOCATION OF FUNDS.—Section 286(s) 1152(a)) is amended by adding at the end the made by subsection (a) shall apply to peti- following new paragraph: of the Immigration and Nationality Act (8 tions filed before, on, or after the date of en- U.S.C. 1356(s)) is amended— ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- actment of this Act. GRANTS.— (1) in paragraph (2), by striking ‘‘56.3 per- SEC. 6. SPECIAL PROVISIONS IN CASES OF cent’’ and inserting ‘‘55 percent’’; ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT LENGTHY ADJUDICATIONS. SUBJECT TO PER COUNTRY LIMITATION IF ADDI- (2) in paragraph (3), by striking ‘‘28.2 per- (a) EXEMPTION FROM LIMITATION.—The lim- cent’’ and inserting ‘‘23.5 percent’’; TIONAL VISAS AVAILABLE.—If the total num- itation contained in section 214(g)(4) of the ber of visas available under paragraph (1), (3) by amending paragraph (4) to read as Immigration and Nationality Act (8 U.S.C. follows: (2), (3), (4), or (5) of section 203(b) for a cal- 1184(g)(4)) with respect to the duration of au- endar quarter exceeds the number of quali- ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- thorized stay shall not apply to any non- PETITIVE GRANT PROGRAM FOR K–12 MATH, fied immigrants who may otherwise be immigrant alien previously issued a visa or issued such visas, the visas made available SCIENCE AND TECHNOLOGY EDUCATION.— otherwise provided nonimmigrant status ‘‘(A) IN GENERAL.—15 percent of the under that paragraph shall be issued without under section 101(a)(15)(H)(i)(b) of that Act regard to the numerical limitation under amounts deposited into the H–1B Non- on whose behalf a petition under section immigrant Petitioner Account shall remain paragraph (2) of this subsection during the 204(b) of that Act to accord the alien immi- remainder of the calendar quarter. available to the Director of the National grant status under section 203(b) of that Act, Science Foundation until expended to carry ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN or an application for adjustment of status COUNTRIES SUBJECT TO SUBSECTION (E).—In the out a direct or matching grant program to under section 245 of that Act to accord the support private-public partnerships in K–12 case of a foreign state or dependent area to alien status under such section 203(b), has which subsection (e) applies, if the total education. been filed, if 365 days or more have elapsed ‘‘(B) TYPES OF PROGRAMS COVERED.—The number of visas issued under section 203(b) since— exceeds the maximum number of visas that Director shall award grants to such pro- (1) the filing of a labor certification appli- grams, including those which support the de- may be made available to immigrants of the cation on the alien’s behalf (if such certifi- state or area under section 203(b) consistent velopment and implementation of standards- cation is required for the alien to obtain sta- based instructional materials models and re- with subsection (e) (determined without re- tus under such section 203(b)); or gard to this paragraph), in applying sub- lated student assessments that enable K–12 (2) the filing of the petition under such sec- students to acquire an understanding of section (e) all visas shall be deemed to have tion 204(b). been required for the classes of aliens speci- science, mathematics, and technology, as (b) EXTENSION OF H1–B WORKER STATUS.— well as to develop critical thinking skills; fied in section 203(b).’’. The Attorney General shall extend the stay (b) CONFORMING AMENDMENTS.— provide systemic improvement in training of an alien who qualifies for an exemption (1) Section 202(a)(2) of the Immigration and K–12 teachers and education for students in under subsection (a) in one-year increments Nationality Act (8 U.S.C. 1152(a)(2)) is science, mathematics, and technology; sup- until such time as a final decision is made on amended by striking ‘‘paragraphs (3) and (4)’’ port the professional development of K–12 the alien’s lawful permanent residence. and inserting ‘‘paragraphs (3), (4), and (5)’’. math and science teachers in the used of (2) Section 202(e)(3) of the Immigration and SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS technology in the classroom; stimulate sys- Nationality Act (8 U.S.C. 1152(e)(3)) is AND AUTHORITIES THROUGH FIS- tem-wide K–12 reform of science, mathe- CAL YEAR 2002. amended by striking ‘‘the proportion of the matics, and technology in rural, economi- (a) ATTESTATION REQUIREMENTS.—Section visa numbers’’ and inserting ‘‘except as pro- cally disadvantaged regions of the United 212(n)(1)(E)(ii)) of the Immigration and Na- vided in subsection (a)(5), the proportion of States; provide externships and other oppor- tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is the visa numbers’’. tunities for students to increase their appre- amended by striking ‘‘October 1, 2001’’ and (c) ONE-TIME PROTECTION UNDER PER COUN- ciation and understanding of science, mathe- inserting ‘‘October 1, 2002’’. TRY CEILING.—Notwithstanding section matics, engineering, and technology (includ- 214(g)(4) of the Immigration and Nationality (b) DEPARTMENT OF LABOR INVESTIGATIVE ing summer institutes sponsored by an insti- Act (8 U.S.C. 1184(g)(4)), any alien who— AUTHORITIES.—Section 413(e)(2) of the Amer- tution of higher education for students in (1) is the beneficiary of a petition filed ican Competitiveness and Workforce Im- grades 7–12 that provide instruction in such under section 204(a) of that Act for a pref- provement Act of 1998 (as contained in title fields); involve partnerships of industry, edu- erence status under paragraph (1), (2), or (3) IV of division C of Public Law 105–277) is cational institutions, and community orga- of section 203(b) of that Act; and amended by striking ‘‘September 30, 2001’’ nizations to address the educational needs of (2) would be subject to the per country lim- and inserting ‘‘September 30, 2002’’. disadvantaged communities; provide college itations applicable to immigrants but for SEC. 8. RECOVERY OF VISAS USED FRAUDU- preparatory support to expose and prepare this subsection, LENTLY. students for careers in science, mathematics, may apply for, and the Attorney General Section 214(g)(3) of the Immigration and engineering, and technology; and provide for may grant, an extension of such non- Nationality Act (8 U.S.C. 1184 (g)(3)) is carrying out systemic reform activities immigrant status until the alien’s applica- amended to read as follows: under section 3(a)(1) of this National Science tion for adjustment of status has been proc- ‘‘(3) Aliens who are subject to the numer- Foundation Act of 1950 (42 U.S.C. essed and a decision made thereon. ical limitations of paragraph (1) shall be 1862(a)(1)).’’; SEC. 5. INCREASED PORTABILITY OF H–1B STA- issued visas (or otherwise provided non- (4) in paragraph (6), by striking ‘‘6 per- TUS. immigrant status) in the order in which peti- cent’’ and inserting ‘‘5 percent’’; and (a) IN GENERAL.—Section 214 of the Immi- tions are filed for such visas or status. If an (5) in paragraph (6), by striking ‘‘3 per- gration and Nationality Act (8 U.S.C. 1184) is alien who was issued a visa or otherwise pro- cent’’ each place it appears and inserting amended by adding at the end the following vided nonimmigrant status and counted ‘‘2.5 percent’’. new subsection: against the numerical limitations of para- (b) LOW-INCOME SCHOLARSHIP PROGRAM.— ‘‘(m)(1) A nonimmigrant alien described in graph (1) is found to have been issued such Section 414(d)(3) of the American Competi- paragraph (2) who was previously issued a visa or otherwise provided such status by tiveness and Workforce Improvement Act of

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1998 (as contained in title IV of division C of ‘‘(II) one community-based organization or ‘‘(4) TRAINING OUTCOMES.— Public Law 105–277) is amended by striking higher education institution or labor union; ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per and AND PROJECTS.—Consideration in the award- year. The Director may renew scholarships ‘‘(III) one business or business-related non- ing of grants shall be given to applicants for up to 4 years.’’. profit organization such as a trade associa- that provide a specific, measurable commit- (c) REPORTING REQUIREMENT.—Section 414 tion; and ment upon successful completion of a train- of the American Competitiveness and Work- ‘‘(ii) 25 percent of the grants under the Sec- ing course, to— force Improvement Act of 1998 (as contained retary of Labor’s authority to award grants ‘‘(i) hire or effectuate the hiring of unem- in title IV of division C of Public Law 105– for demonstration projects or programs ployed trainees (where applicable); 277) is amended by adding at the end the fol- under section 171 of the Workforce Invest- ‘‘(ii) increase the wages or salary of incum- lowing new subsection: ment Act (29 U.S.C. 2916) to partnerships bent workers (where applicable); and ‘‘(e) REPORTING REQUIREMENT.—The Sec- that shall consist of at least 2 businesses or ‘‘(iii) provide skill certifications to train- retary of Labor and the Director of the Na- a business-related nonprofit organization ees or link the training to industry-accepted tional Science Foundation shall— that represents more than one business, and occupational skill standards, certificates, or ‘‘(1) track and monitor the performance of that may include any educational, labor, licensing requirements. programs receiving H–1B Nonimmigrant Fee community organization, or workforce in- ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- grant money; and vestment board, except that such grant TIONS.—Applications for grants shall— ‘‘(2) not later than one year after the date funds may be used only to carry out a strat- ‘‘(i) articulate the level of skills that work- of enactment of this subsection, submit a re- egy that would otherwise not be eligible for ers will be trained for and the manner by port to the Committees on the Judiciary of funds provided under clause (i), due to bar- which attainment of those skills will be the House of Representatives and the Sen- riers in meeting those partnership eligibility measured; and ate— criteria, on a national, multistate, regional, ‘‘(ii) include an agreement that the pro- ‘‘(A) the tracking system to monitor the or rural area (such as rural telework program or project shall be subject to evalua- performance of programs receiving H–1B grams) basis. tion by the Secretary of Labor to measure grant funding; and ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL its effectiveness. ‘‘(B) the number of individuals who have AGENTS.—Each partnership formed under ‘‘(5) MATCHING FUNDS.—Each application completed training and have entered the subparagraph (A) shall designate a respon- for a grant to carry out a program or project high-skill workforce through these pro- sible fiscal agent to receive and disburse described in paragraph (1)(A) shall state the grams.’’. grant funds under this subsection. manner by which the partnership will pro- SEC. 11. DEMONSTRATION PROGRAMS AND ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- vide non-Federal matching resources (cash, PROJECTS TO PROVIDE TECHNICAL sideration in the awarding of grants shall be or in-kind contributions, or both) equal to at SKILLS TRAINING FOR WORKERS. given to any partnership that involves and least 50 percent of the total grant amount Section 414(c) of the American Competi- directly benefits more than one small busi- awarded under paragraph (2)(A)(i), and at tiveness and Workforce Improvement Act of ness (each consisting of 100 employees or least 100 percent of the total grant amount 1998 (as contained in title IV of division C of less). awarded under paragraph (2)(A)(ii). At least Public Law 105–277; 112 Stat. 2681–653) is ‘‘(D) ALLOCATION OF GRANTS.—In making one-half of the non-Federal matching funds amended to read as follows: grants under this paragraph, the Secretary shall be from the business or businesses or ‘‘(c) DEMONSTRATION PROGRAMS AND shall make every effort to fairly distribute business-related nonprofit organizations in- PROJECTS TO PROVIDE TECHNICAL SKILLS grants across rural and urban areas, and volved. Consideration in the award of grants TRAINING FOR WORKERS.— across the different geographic regions of the shall be given to applicants that provide a ‘‘(1) IN GENERAL.— United States. The total amount of grants specific commitment or commitments of re- ‘‘(A) FUNDING.—The Secretary of Labor awarded to carry out programs and projects sources from other public or private sources, shall use funds available under section described in paragraph (1)(A) shall be allo- or both, so as to demonstrate the long-term 286(s)(2) of the Immigration and Nationality cated as follows: sustainability of the training program or Act (8 U.S.C. 1356(s)(2)) to establish dem- ‘‘(i) At least 80 percent of the grants shall project after the grant expires. onstration programs or projects to provide be awarded to programs and projects that ‘‘(6) ADMINISTRATIVE COSTS.—An entity technical skills training for workers, includ- train employed and unemployed workers in that receives a grant to carry out a program ing both employed and unemployed workers. skills that are in shortage in high tech- or project described in paragraph (1)(A) may ‘‘(B) TRAINING PROVIDED.—Training funded nology, information technology, and bio- not use more than 10 percent of the amount by a program or project described in sub- technology, including skills needed for soft- of the grant to pay for administrative costs paragraph (A) shall be for persons who are ware and communications services, tele- associated with the program or project.’’. currently employed and who wish to obtain communications, systems installation and SEC. 12. KIDS 2000 CRIME PREVENTION AND COM- and upgrade skills as well as for persons who integration, computers and communications PUTER EDUCATION INITIATIVE. are unemployed. Such training is not limited hardware, advanced manufacturing, health (a) SHORT TITLE.—This section may be to skill levels commensurate with a four- care technology, biotechnology and bio- cited as the ‘‘Kids 2000 Act’’. year undergraduate degree, but should in- medical research and manufacturing, and in- (b) FINDINGS.—Congress makes the fol- clude the preparation of workers for a broad novation services. lowing findings: range of positions along a career ladder. Con- ‘‘(ii) No more than 20 percent of the grants (1) There is an increasing epidemic of juve- sideration shall be given to the use of grant shall be available to programs and projects nile crime throughout the United States. funds to demonstrate a significant ability to that train employed and unemployed work- (2) It is well documented that the majority expand a training program or project ers for skills related to any H–1B skill short- of juvenile crimes take place during after- through such means as training more work- age. school hours. ers or offering more courses, and training ‘‘(E) H–1B SKILL SHORTAGE.—In subpara- (3) Knowledge of technology is becoming programs or projects resulting from collabo- graph (D)(ii), the term ‘H–1B skill shortage’ increasingly necessary for children in school rations, especially with more than one small means a shortage of skills necessary for em- and out of school. business or with a labor-management train- ployment in a specialty occupation, as de- (4) The Boys and Girls Clubs of America ing program or project. All training shall be fined in section 214(i) of the Immigration and have 2,700 clubs throughout all 50 States, justified with evidence of skill shortages as Nationality Act. serving over 3,000,000 boys and girls pri- demonstrated through reliable regional, ‘‘(3) START-UP FUNDS.— marily from at-risk communities. State, or local data. ‘‘(A) IN GENERAL.—Except as provided in (5) The Boys and Girls Clubs of America ‘‘(2) GRANTS.— subparagraph (B), not more than 5 percent of have the physical structures in place for im- ‘‘(A) ELIGIBILITY.—To carry out the pro- any single grant, or not to exceed $75,000, mediate implementation of an after-school grams and projects described in paragraph whichever is less, may be used toward the technology program. (1)(A), the Secretary of Labor shall, in con- start-up costs of partnerships or new train- (6) Building technology centers and pro- sultation with the Secretary of Commerce, ing programs and projects. viding integrated content and full-time staff- subject to the availability of funds in the H– ‘‘(B) EXCEPTION.—In the case of partner- ing at those centers in the Boys and Girls 1B Nonimmigrant Petitioner Account, ships consisting primarily of small busi- Clubs of America nationwide will help foster award— nesses, not more than 10 percent of any sin- education, job training, and an alternative ‘‘(i) 75 percent of the grants to a local gle grant, or $150,000, whichever is less, may to crime for at-risk youth. workforce investment board established be used toward the start-up costs of partner- (7) Partnerships between the public sector under section 117 of the Workforce Invest- ships or new training programs and projects. and the private sector are an effective way of ment Act of 1998 (29 U.S.C. 2832) or consortia ‘‘(C) DURATION OF START-UP PERIOD.—For providing after-school technology programs of such boards in a region. Each workforce purposes of this subsection, a start-up period in the Boys and Girls Clubs of America. investment board or consortia of boards re- consists of a period of not more than 2 (8) PowerUp: Bridging the Digital Divide is ceiving grant funds shall represent a local or months after the grant period begins, at an entity comprised of more than a dozen regional public-private partnership con- which time training shall immediately begin nonprofit organizations, major corporations, sisting of at least— and no further Federal funds may be used for and Federal agencies that have joined to- ‘‘(I) one workforce investment board; start-up purposes. gether to launch a major new initiative to

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help ensure that America’s underserved (1) IN GENERAL.—There is authorized to be purpose of restructuring the delivery of young people acquire the skills, experiences, appropriated $20,000,000 for each of the fiscal health services in the District of Columbia and resources they need to succeed in the years 2001 through 2006 to carry out this sec- pursuant to a restructuring plan approved by digital age. tion. the Mayor, Council of the District of Colum- (9) Bringing PowerUp into the Boys and (2) SOURCE OF FUNDS.—Funds to carry out bia, District of Columbia Financial responsi- Girls Clubs of America will be an effective this section may be derived from the Violent bility and Management Assistance Author- way to ensure that our youth have a safe, Crime Reduction Trust Fund. ity, and Chief Financial Officer’’. crime-free environment in which to learn the (3) CONTINUED AVAILABILITY.—Amounts Page 25, strike line 6 through line 17 of technological skills they need to close the made available under this subsection shall page 32 and insert the following: divide between young people who have access remain available until expended. RESERVE to computer-based information and tech- SEC. 13. SEVERABILITY. For a reserve to be established by the Chief nology-related skills and those who do not. If any provision of this Act (or any amend- Financial Officer of the District of Columbia (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO ment made by this Act) or the application and the District of Columbia Financial Re- THE BOYS AND GIRLS CLUBS OF AMERICA.— thereof to any person or circumstance is held sponsibility and Management Assistance Au- (1) PURPOSES.—The Attorney General shall invalid, the remainder of the Act (and the thority, $150,000,000 of local funds. make grants to the Boys and Girls Clubs of amendments made by this Act) and the ap- Insert at the appropriate place under the America for the purpose of funding effective plication of such provision to any other per- heading relating to ‘‘RESERVE FUNDS’’ in the after-school technology programs, such as son or circumstance shall not be affected Senate bill the following: PowerUp, in order to provide— thereby. This section shall be enacted one EMERGENCY RESERVE FUND (A) constructive technology-focused activi- day after the effective date. ties that are part of a comprehensive pro- For the emergency reserve fund estab- gram to provide access to technology and lished under section 450A(a) of the District of technology training to youth during after- DISTRICT OF COLUMBIA Columbia Home Rule Act, the amount pro- school hours, weekends, and school vaca- APPROPRIATIONS 2001 vided for fiscal year 2001 under such section, tions; to be derived from local funds. (B) supervised activities in safe environ- Strike all matter beginning on line 9 on ments for youth; and HUTCHISON (AND DURBIN) page 4 after ‘‘TO’’ to and including line 10 on (C) full-time staffing with teachers, tutors, AMENDMENT NO. 4271 page 4 and insert ‘‘COVENANT HOUSE and other qualified personnel. WASHINGTON’’. Mr. LOTT (for Mrs. HUTCHISON (for (2) SUBAWARDS.—The Boys and Girls Clubs Strike all matter beginning on line 11 on of America shall make subawards to local herself and Mr. DURBIN)) proposed an page 4 after ‘‘to’’ through ‘‘Services’’ on line boys and girls clubs authorizing expenditures amendment to the bill (S. 3041) making 12 on page 4 and insert ‘‘Covenant House associated with providing technology pro- appropriations for the government of Washington’’. grams such as PowerUp, including the hiring the District of Columbia and other ac- On page 43 at line 8, after ‘‘reprogram- of teachers and other personnel, procure- tivities chargeable in whole or in part ming’’ insert ‘‘or inter-appropriation trans- ment of goods and services, including com- against the revenues of said District fer’’. On page 43 at line 19, after ‘‘less;’’ strike puter equipment, or such other purposes as for the fiscal year ending September 30, are approved by the Attorney General. ‘‘or’’. 2001, and for other purposes; as follows: On page 43 at line 21, after ‘‘center;’’ insert (d) APPLICATIONS.— On page 8 at line 21, strike ‘‘acquisition,’’. ‘‘or (8) transfers an amount from one appro- (1) ELIGIBILITY.—In order to be eligible to receive a grant under this section, an appli- On page 8 line 22, strike ‘‘,lease, mainte- priation to another, provided that the cant for a subaward (specified in subsection nance,’’. amount transferred shall not exceed 2 per- (c)(2)) shall submit an application to the On page 8 at line 22, strike ‘‘operation’’ and cent of the local funds in the appropriation’’. Boys and Girls Clubs of America, in such insert ‘‘hire’’. On page 43 at line 24 after ‘‘reprogram- form and containing such information as the On page 9 at line 2, strike ‘‘108,527,000’’ and ming’’ insert ‘‘or inter-appropriation trans- Attorney General may reasonably require. insert ‘‘112,527,000’’ and strike ‘‘65,018,000’’ fer’’. and insert ‘‘67,521,000’’. (2) APPLICATION REQUIREMENTS.—Each ap- On page 51 at line 22, after ‘‘action’’ insert plication submitted in accordance with para- On page 9 at line 6, strike ‘‘18,487,000’’ and ‘‘or any attorney who defends any action’’. graph (1) shall include— insert ‘‘18,778,000’’. On page 52 at line 2, strike ‘‘120’’ and insert (A) a request for a subgrant to be used for On page 9 at line 8, strike ‘‘25,022,000’’ and ‘‘250’’. the purposes of this section; insert ‘‘26,228,000’’. On page 52 at line 6, strike ‘‘120’’ and insert (B) a description of the communities to be On page 10 following line 9 insert the fol- ‘‘250’’. served by the grant, including the nature of lowing: On page 52 at line 12, insert after ‘‘Code’’ juvenile crime, violence, and drug use in the ‘‘FEDERAL PAYMENT FOR BROWNFIELD the following: ‘‘; and, communities; REMEDIATION (3) in no case may the compensation limits (C) written assurances that Federal funds ‘‘For a Federal payment to the District of in paragraphs (1) and (2) exceed $2,500.’’ received under this section will be used to Columbia, $3,450,000 for environmental and On page 52 at line 14, strike ‘‘, District of Columbia Financial Responsibility and Man- supplement and not supplant, non-Federal infrastructure costs at Poplar Point: Pro- agement Assistance Authority’’. funds that would otherwise be available for vided, That of said amount, $2,150,000 shall be On page 52 at line 20, after ‘‘section’’ insert activities funded under this section; available for environmental assessment, site ‘‘to both the attorney who represents the (D) written assurances that all activities remediation and wetlands restoration of the prevailing party and the attorney who de- funded under this section will be supervised eleven acres of real property under the juris- fends the action.’’ by qualified adults; diction of the District of Columbia: Provided On page 81 at line 1, strike ‘‘or’’ and insert (E) a plan for assuring that program activi- further, That no more than $1,300,000 shall be ‘‘of’’. ties will take place in a secure environment used for infrastructure costs for an entrance Strike all matter beginning on line 4, page that is free of crime and drugs; to Anacostia Park: Provided further, That 73 over to and including line 16 on page 80, (F) a plan outlining the utilization of con- none of said funds shall be used by the Dis- and insert in lieu thereof the following: tent-based programs such as PowerUp, and trict of Columbia to purchase private prop- the provision of trained adult personnel to erty in the Poplar Point area.’’ APPOINTMENT AND DUTIES OF CHIEF FINANCIAL supervise the after-school technology train- On page 11, line 1, after ‘‘except’’ strike OFFICER ing; and ‘‘for’’ and insert the following: ‘‘as provided SEC. 143. (a) APPOINTMENT AND DISMISSAL.— (G) any additional statistical or financial in section 450A of the District of Columbia Section 424(b) of the District of Columbia information that the Boys and Girls Clubs of Home Rule Act and’’. Home Rule Act (sec. 47–317.2, D.C. Code) is America may reasonably require. Strike all matter beginning on line 7 on amended— (e) GRANT AWARDS.—In awarding subgrants page 13 after the colon to and including line (1) in paragraph (1)(B), by adding at the under this section, the Boys and Girls Clubs 16 on page 13. end the following: ‘‘Upon confirmation by of America shall consider— On page 20 at line 23, strike ‘‘WSF’’ and in- the Council, the name of the Chief Financial (1) the ability of the applicant to provide sert ‘‘Weighted Student Formula’’. Officer shall be submitted to the Committees the intended services; On page 23 at line 9, after ‘‘clinics’’ insert on Appropriations of the Senate and House (2) the history and establishment of the ap- ‘‘: Provided further, That notwithstanding of Representatives, the Committee on Gov- plicant in providing youth activities; and any other provision of law, the District of ernmental Affairs of the Senate, and the (3) the extent to which services will be pro- Columbia may increase the Human Support Committee on Government Reform of the vided in crime-prone areas and techno- Services appropriation under this Act by an House of Representatives for a 30-day period logically underserved populations, and ef- amount equal to not more than 15% of the of review and comment before the appoint- forts to achieve an equitable geographic dis- local funds in the appropriation in order to ment takes effect.’’; and tribution of the grant awards. augment the District of Columbia subsidy (2) in paragraph (2)(B), by striking the pe- (f) AUTHORIZATION OF APPROPRIATIONS.— for the Public Benefit Corporation for the riod at the end and inserting the following:

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‘‘upon dismissal by the Mayor and approval ‘‘RESERVE FUNDS ‘‘(6) NOTICE.—The Mayor, the Council, and of that dismissal by a 2⁄3 vote of the Council ‘‘SEC. 450A. (a) EMERGENCY RESERVE (in the case of a fiscal year which is a con- of the District of Columbia. Upon approval of FUND.— trol year, as defined in section 305(4) of the the dismissal by the Council, notice of the ‘‘(1) IN GENERAL.—There is established an District of Columbia Financial Responsi- dismissal shall be submitted to the Commit- emergency cash reserve fund (in this sub- bility and Management Assistance Act of tees on Appropriations of the Senate and section referred to as the ‘emergency reserve 1995) the District of Columbia Financial Re- House of Representatives, the Committee on fund’) as an interest-bearing account (sepa- sponsibility and Management Assistance Au- Governmental Affairs of the Senate, and the rate from other accounts in the General thority shall notify the Committees on Ap- Committee on Government Reform of the Fund) into which the Mayor shall deposit in propriations of the Senate and House of Rep- House of Representatives for a 30-day period cash not later than February 15 of each fiscal resentatives in writing not more than 30 of review and comment before the dismissal year (or not later than October 1, 2000, in the days after the expenditure of funds from the takes effect.’’. case of fiscal year 2001) such amount as may emergency reserve fund. (b) FUNCTIONS.— be required to maintain a balance in the fund ‘‘(7) REPLENISHMENT.—The District of Co- (1) IN GENERAL.—Section 424(c) of such Act of at least 4 percent of the total budget ap- lumbia shall appropriate sufficient funds (sec. 47–317.3, D.C. Code) is amended— propriated for operating expenditures for each fiscal year in the budget process to re- (A) in the heading, by striking ‘‘DURING A such fiscal year which is derived from local plenish any amounts allocated from the CONTROL YEAR’’; funds (or, in the case of fiscal years prior to emergency reserve fund during the preceding (B) in the matter preceding paragraph (1), fiscal year 2004, such amount as may be re- fiscal year by the following fiscal year. Once by striking ‘‘During a control year, the Chief quired to maintain a balance in the fund of the emergency reserve equals 4 percent of Financial Officer’’ and inserting ‘‘The Chief at least the minimum emergency reserve total budget appropriated for operating ex- Financial Officer’’; balance for such fiscal year, as determined penditures for the fiscal year, the District of (C) in paragraph (1), by striking ‘‘Pre- under paragraph (2)). Columbia shall appropriate sufficient funds paring’’ and inserting ‘‘During a control ‘‘(2) DETERMINATION OF MINIMUM EMER- each fiscal year in the budget process to re- year, preparing’’; GENCY RESERVE BALANCE.— plenish any amounts allocated from the ‘‘(A) IN GENERAL.—The ‘minimum emer- (D) in paragraph (3), by striking ‘‘Assur- emergency reserve fund during the preceding gency reserve balance’ with respect to a fis- ing’’ and inserting ‘‘During a control year, year to maintain a balance of at least 4 per- cal year is the amount equal to the applica- assuring’’; cent of total funds appropriated for oper- ble percentage of the total budget appro- (E) in paragraph (5), by striking ‘‘With the ating expenditures by the following fiscal priated for operating expenditures for such Approval’’ and all that follows through ‘‘the year. Council—’’ and inserting ‘‘Preparing and fiscal year which is derived from local funds. ‘‘(b) CONTINGENCY RESERVE FUND.— submitting to the Mayor and the Council, ‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In with the approval of the Authority during a subparagraph (A), the ‘applicable percentage’ ‘‘(1) IN GENERAL.—There is established a with respect to a fiscal year means the fol- control year—’’; contingency cash reserve fund (in this sub- lowing: (F) in paragraph (11), by striking ‘‘or the section referred to as the ‘contingency re- ‘‘(i) For fiscal year 2001, 1 percent. Authority’’ and inserting ‘‘(or by the Au- serve fund’) as an interest-bearing account ‘‘(i) For fiscal year 2002, 2 percent. thority during a control year)’’; and (separate from other accounts in the General ‘‘(i) For fiscal year 2003, 3 percent. (G) by adding at the end the following new Fund) into which the Mayor shall deposit in ‘‘(3) INTEREST.—Interest earned on the paragraphs: cash not later than October 1 of each fiscal emergency reserve fund shall remain in the ‘‘(18) Exercising responsibility for the ad- year (beginning with fiscal year 2005) such account and shall only be withdrawn in ac- ministration and supervision of the District amount as may be required to maintain a cordance with paragraph (4). of Columbia Treasurer (except that the Chief balance in the fund of at least 3 percent of ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN EMER- Financial Officer may delegate any portion the total budget appropriated for operating GENCY RESERVE FUND.—The Chief Financial expenditures for such fiscal year which is de- of such responsibility as the Chief Financial Officer, in consultation with the Mayor, Officer considers appropriate and consistent rived from local funds (or, in the case of fis- shall develop a policy to govern the emer- cal years prior to fiscal year 2007, such with efficiency). gency reserve fund which shall include (but ‘‘(19) Administering all borrowing pro- amount as may be required to maintain a which may not be limited to) the following balance in the fund of at least the minimum grams of the District government for the requirements: issuance of long-term and short-term indebt- contingency reserve balance for such fiscal ‘‘(A) The emergency reserve fund may be year, as determined under paragraph (2)). edness. used to provide for unanticipated and non- ‘‘(2) DETERMINATION OF MINIMUM CONTIN- ‘‘(20) Administering the cash management recurring extraordinary needs of an emer- GENCY RESERVE BALANCE.— program of the District government, includ- gency nature, including a natural disaster or ‘‘(A) IN GENERAL.—The ‘minimum contin- ing the investment of surplus funds in gov- calamity as defined by section 102 of the gency reserve balance’ with respect to a fis- ernmental and non-governmental interest- Robert T. Stafford Disaster Relief and Emer- cal year is the amount equal to the applica- bearing securities and accounts. gency Assistance Act (Public Law 100–707) or ‘‘(21) Administering the centralized Dis- unexpected obligations by Federal law. ble percentage of the total budget appro- trict government payroll and retirement sys- ‘‘(B) The emergency reserve fund may also priated for operating expenditures for such tems. be used in the event of a State of Emergency fiscal year which is derived from local funds. ‘‘(22) Governing the accounting policies as declared by the Mayor pursuant to section ‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In and systems applicable to the District gov- 5 of the District of Columbia Public Emer- subparagraph (A), the ‘applicable percentage’ ernment. gency Act of 1980 (sec. 6–1504, D.C. Code). with respect to a fiscal year means the fol- ‘‘(23) Preparing appropriate annual, quar- ‘‘(C) The emergency reserve fund may not lowing: terly, and monthly financial reports of the be used to fund— ‘‘(i) For fiscal year 2005, 1 percent. accounting and financial operations of the ‘‘(i) any department, agency, or office of ‘‘(ii) For fiscal year 2006, 2 percent. District government. the Government of the District of Columbia ‘‘(3) INTEREST.—Interest earned on the con- ‘‘(24) Not later than 120 days after the end which is administered by a receiver or other tingency reserve fund shall remain in the ac- of each fiscal year, preparing the complete official appointed by a court; count and may only be withdrawn in accord- financial statement and report on the activi- ‘‘(ii) shortfalls in any projected reductions ance with paragraph (4). ties of the District government for such fis- which are included in the budget proposed by ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN CON- cal year, for the use of the Mayor under sec- the District of Columbia for the fiscal year; TINGENCY RESERVE FUND.—The Chief Finan- tion 448(a)(4).’’. or cial Officer, in consultation with the Mayor, (2) CONFORMING AMENDMENTS.—Section 424 ‘‘(iii) settlements and judgments made by shall develop a policy governing the use of of such Act (sec. 47–317.1 et seq., D.C. Code) is or against the Government of the District of the contingency reserve fund which shall in- amended— Columbia. clude (but which may not be limited to) the (A) by striking subsection (d); ‘‘(5) ALLOCATION OF EMERGENCY CASH RE- following requirements: (B) in subsection (e)(2), by striking ‘‘or SERVE FUNDS.—Funds may be allocated from ‘‘(A) The contingency reserve fund may subsection (d)’’; and the emergency reserve fund only after— only be used to provide for nonrecurring or (C) by redesignating subsections (e) and (f) ‘‘(A) an analysis has been prepared by the unforeseen needs that arise during the fiscal as subsections (d) and (e), respectively. Chief Financial Officer of the availability of year, including expenses associated with un- Insert at the appropriate place the fol- other sources of funding to carry out the foreseen weather or other natural disasters, lowing new section: purposes of the allocation and the impact of unexpected obligations created by Federal such allocation on the balance and integrity law or new public safety or health needs or RESERVE FUNDS of the emergency reserve fund; and requirements that have been identified after SEC. ll. (a) ESTABLISHMENT OF RESERVE ‘‘(B) with respect to fiscal years beginning the budget process has occurred, or opportu- FUNDS.— with fiscal year 2005, the contingency reserve nities to achieve cost savings. (1) IN GENERAL.—The District of Columbia fund established by subsection (b) has been ‘‘(B) The contingency reserve fund may be Home Rule Act is amended by inserting after projected by the Chief Financial Officer to be used, if needed, to cover revenue shortfalls section 450 the following new section: exhausted at the time of the allocation. experienced by the District government for 3

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9524 CONGRESSIONAL RECORD — SENATE September 28, 2000 consecutive months (based on a 2 month roll- SEC. 2. GUIDELINES FOR CERTAIN REC- 3503) is further amended by inserting after ing average) that are 5 percent or more OMMENDATIONS AND DETERMINA- subsection (e) (as added by subsection (b)(1)) below the budget forecast. TIONS. the following: ‘‘(C) The contingency reserve fund may not Section 4 of the Coastal Barrier Resources ‘‘(f) MAPS.—The Secretary shall— be used to fund any shortfalls in any pro- Act (16 U.S.C. 3503), as otherwise amended by ‘‘(1) keep a map showing the location of jected reductions which are included in the this Act, is further amended by adding at the each boundary modification made under sub- budget proposed by the District of Columbia end the following: section (c) and of each parcel of real property for the fiscal year. ‘‘(g) GUIDELINES FOR CERTAIN RECOMMENDA- added to the System under subsection (d) or TIONS AND DETERMINATIONS.— ‘‘(5) ALLOCATION OF CONTINGENCY CASH RE- (e) on file and available for public inspection ‘‘(1) IN GENERAL.—In making any rec- SERVE.—Funds may be allocated from the in the Office of the Director of the United contingency reserve fund only after an anal- ommendation to the Congress regarding the States Fish and Wildlife Service and in such ysis has been prepared by the Chief Financial addition of any area to the System or in de- other offices of the Service as the Director Officer of the availability of other sources of termining whether, at the time of the inclu- considers appropriate; funding to carry out the purposes of the allo- sion of a System unit within the System, a ‘‘(2) provide a copy of the map to— cation and the impact of such allocation on coastal barrier is undeveloped, the Secretary ‘‘(A) the State and unit of local govern- the balance and integrity of the contingency shall consider whether within the area— ment in which the property is located; reserve fund. ‘‘(A) the density of development is less ‘‘(B) the Committees; and than 1 structure per 5 acres of land above ‘‘(6) REPLENISHMENT.—The District of Co- ‘‘(C) the Federal Emergency Management lumbia shall appropriate sufficient funds mean high tide; and Agency; and each fiscal year in the budget process to re- ‘‘(B) there is existing infrastructure con- ‘‘(3) revise the maps referred to in sub- plenish any amounts allocated from the consisting of— section (a) to reflect each boundary modi- tingency reserve fund during the preceding ‘‘(i) a road, with a reinforced road bed, to fication under subsection (c) and each addi- fiscal year by the following fiscal year. Once each lot or building site in the area; tion of real property to the System under the contingency reserve equals 3 percent of ‘‘(ii) a wastewater disposal system suffi- subsection (d) or (e), after publishing in the total funds appropriated for operating ex- cient to serve each lot or building site in the Federal Register a notice of any such pro- penditures, the District of Columbia shall area; posed revision.’’. appropriate sufficient funds each fiscal year ‘‘(iii) electric service for each lot or build- (d) CONFORMING AMENDMENT.—Section 4(a) in the budget process to replenish any ing site in the area; and of the Coastal Barrier Resources Act (16 amounts allocated from the contingency re- ‘‘(iv) a fresh water supply for each lot or U.S.C. 3503(a)) is amended by striking ‘‘which serve fund during the preceding year to building site in the area. shall consist of’’ and all that follows and in- maintain a balance of at least 3 percent of ‘‘(2) STRUCTURE DEFINED.—In paragraph (1), serting the following: ‘‘which shall consist of total funds appropriated for operating ex- the term ‘structure’ means a walled and those undeveloped coastal barriers and other areas located on the coasts of the United penditures by the following fiscal year. roofed building, other than a gas or liquid States that are identified and generally de- ‘‘(c) QUARTERLY REPORTS.—The Chief Fi- storage tank, that— nancial Officer shall submit a quarterly re- ‘‘(A) is principally above ground and af- picted on the maps on file with the Secretary port to the Mayor, the Council, the District fixed to a permanent site, including a manu- entitled ‘Coastal Barrier Resources System’, of Columbia Financial Responsibility and factured home on a permanent foundation; dated October 24, 1990, as those maps may be Management Assistance Authority (in the and modified, revised, or corrected under— case of a fiscal year which is a control year, ‘‘(B) covers an area of at least 200 square ‘‘(1) subsection (f)(3); as defined in section 305(4) of the District of feet. ‘‘(2) section 4 of the Coastal Barrier Im- Columbia Financial Responsibility and Man- ‘‘(3) SAVINGS CLAUSE.—Nothing in this sub- provement Act of 1990 (16 U.S.C. 3503 note; agement Assistance Act of 1995), and the section supersedes the official maps referred Public Law 101–591); or Committees on Appropriations of the Senate to in subsection (a).’’. ‘‘(3) any other provision of law enacted on and House of Representatives that includes a SEC. 3. VOLUNTARY ADDITIONS TO JOHN H. or after November 16, 1990, that specifically monthly statement on the balance and ac- CHAFEE COASTAL BARRIER RE- authorizes the modification, revision, or cor- tivities of the contingency and emergency SOURCES SYSTEM. rection.’’. reserve funds.’’. (a) IN GENERAL.—Section 4 of the Coastal SEC. 4. CLERICAL AMENDMENTS. (2) CLERICAL AMENDMENT.—The table of Barrier Resources Act (16 U.S.C. 3503) is (a) COASTAL BARRIER RESOURCES ACT.—The contents for the District of Columbia Home amended by inserting after subsection (c) the Coastal Barrier Resources Act (16 U.S.C. 3501 Rule Act is amended by inserting after the following: et seq.) is amended— item relating to section 450 the following ‘‘(d) ADDITIONS TO SYSTEM.—The Secretary (1) in section 3(2) (16 U.S.C. 3502(2)), by new item: may add a parcel of real property to the Sys- striking ‘‘refers to the Committee on Mer- ‘‘Sec. 450A. Reserve funds.’’. tem, if— chant Marine and Fisheries’’ and inserting ‘‘(1) the owner of the parcel requests, in ‘‘means the Committee on Resources’’; (b) CONFORMING AMENDMENTS.— writing, that the Secretary add the parcel to (2) in section 3(3) (16 U.S.C. 3502(3)), in the (1) CURRENT RESERVE FUND.—Section 202(j) the System; and matter following subparagraph (D), by strik- of the District of Columbia Financial Re- ‘‘(2) the parcel is an undeveloped coastal ing ‘‘Effective October 1, 1983, such’’ and in- sponsibility and Management Assistance Act barrier.’’. serting ‘‘Such’’; and of 1995 (sec. 47–392.2(j), D.C. Code) is amended (b) TECHNICAL AMENDMENTS RELATING TO (3) by repealing section 10 (16 U.S.C. 3509). by striking ‘‘Beginning with fiscal year 2000, ADDITIONS OF EXCESS PROPERTY.— (b) COASTAL BARRIER IMPROVEMENT ACT OF the plan or budget submitted pursuant to (1) IN GENERAL.—Section 4(d) of the Coastal 1990.—Section 8 of the Coastal Barrier Im- this Act’’ and inserting ‘‘For each of the fis- Barrier Improvement Act of 1990 (16 U.S.C. provement Act of 1990 (16 U.S.C. 3503 note; cal years 2000 through 2004, the budget of the 3503 note; Public Law 101–591)— Public Law 101–591) is repealed. District government for the fiscal year’’. (A) is redesignated and moved so as to ap- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. OSITIVE FUND BALANCE.—Section 202(k) (2) P pear as subsection (e) of section 4 of the Section 12 of the Coastal Barrier Resources of such Act (sec. 47–392.2(k), D.C. Code) is re- Coastal Barrier Resources Act (16 U.S.C. Act (16 U.S.C. 3510) is redesignated as section pealed. 3503); and 10, moved to appear after section 9, and (c) EFFECTIVE DATE.—This section and the amended to read as follows: amendments made by this section shall take (B) is amended— effect on October 1, 2000. (i) in paragraph (1)— ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (I) by striking ‘‘one hundred and eighty’’ ‘‘There is authorized to be appropriated to and inserting ‘‘180’’; and the Secretary to carry out this Act $2,000,000 COASTAL BARRIER RESOURCES (II) in subparagraph (B), by striking for each of fiscal years 2001, 2002, 2003, 2004, REAUTHORIZATION ACT OF 2000 ‘‘shall’’; and and 2005.’’. (ii) in paragraph (2), by striking ‘‘sub- SEC. 6. DIGITAL MAPPING PILOT PROJECT. section (d)(1)(B)’’ and inserting ‘‘paragraph (a) IN GENERAL.— SMITH OF NEW HAMPSHIRE (1)(B)’’; and (1) PROJECT.—The Secretary of the Interior AMENDMENT NO. 4272 (iii) by striking paragraph (3). (referred to in this section as the ‘‘Sec- Mr. LOTT (for Mr. SMITH of New (2) CONFORMING AMENDMENTS.—Section 4 of retary’’), in consultation with the Director Hampshire) proposed an amendment to the Coastal Barrier Improvement Act of 1990 of the Federal Emergency Management Agency, shall carry out a pilot project to de- the bill (S. 1752) to reauthorize and (16 U.S.C. 3503 note; Public Law 101–591) is amended— termine the feasibility and cost of creating amend the Coastal Barrier Resources (A) in subsection (b)(2), by striking ‘‘sub- digital versions of the John H. Chafee Coast- Act; as follows: section (d) of this section’’ and inserting al Barrier Resources System maps referred Strike all after the enacting clause and in- ‘‘section 4(e) of the Coastal Barrier Re- to in section 4(a) of the Coastal Barrier Re- sert the following: sources Act (16 U.S.C. 3503(e))’’; and sources Act (16 U.S.C. 3503(a)) (as amended SECTION 1. SHORT TITLE. (B) by striking subsection (f). by section 3(d)). This Act may be cited as the ‘‘Coastal Bar- (c) ADDITIONS TO SYSTEM.—Section 4 of the (2) NUMBER OF UNITS.—The pilot project rier Resources Reauthorization Act of 2000’’. Coastal Barrier Resources Act (16 U.S.C. shall consist of the creation of digital maps

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9525 for no more than 75 units and no fewer than itures of the Coastal Barrier Resources Act ‘‘SEC. 903. PROGRAM FOR PAIN MANAGEMENT 50 units of the John H. Chafee Coastal Bar- (16 U.S.C. 3501 et seq.), including impacts re- AND PALLIATIVE CARE RESEARCH rier Resources System (referred to in this sulting from the avoidance of Federal ex- AND QUALITY. section as the ‘‘System’’), 1/3 of which shall penditures for— ‘‘(a) IN GENERAL.—Subject to subsections be otherwise protected areas (as defined in (1) disaster relief under the Robert T. Staf- (e) and (f) of section 902, the Director shall section 12 of the Coastal Barrier Improve- ford Disaster Relief and Emergency Assist- carry out a program to accomplish the fol- ment Act of 1990 (16 U.S.C. 3503 note; Public ance Act (42 U.S.C. 5121 et seq.); lowing: Law 101–591)). (2) the national flood insurance program ‘‘(1) Promote and advance scientific under- (b) DATA.— established under chapter 1 of the National standing of pain management and palliative (1) USE OF EXISTING DATA.—To the max- Flood Insurance Act of 1968 (42 U.S.C. 4011 et care. imum extent practicable, in carrying out the seq.); and ‘‘(2) Collect and disseminate protocols and pilot project under this section, the Sec- (3) development assistance for roads, pota- evidence-based practices regarding pain retary shall use digital spatial data in the ble water supplies, and wastewater infra- management and palliative care, with pri- possession of State, local, and Federal agen- structure. ority given to pain management for termi- cies including digital orthophotos, and nally ill patients, and make such informa- shoreline, elevation, and bathymetric data. f tion available to public and private health (2) PROVISION OF DATA BY OTHER AGEN- care programs and providers, health profes- CIES.—The head of a Federal agency that pos- AMENDMENTS SUBMITTED— sions schools, and hospices, and to the gen- sesses data referred to in paragraph (1) shall, SEPTEMBER 28, 2000 eral public. upon request of the Secretary, promptly pro- ‘‘(b) DEFINITION.—In this section, the term vide the data to the Secretary at no cost. ‘pain management and palliative care’ (3) ADDITIONAL DATA.—If the Secretary de- means— termines that data necessary to carry out STEM CELL RESEARCH ACT OF ‘‘(1) the active, total care of patients whose the pilot project under this section do not 2000 disease or medical condition is not respon- exist, the Secretary shall enter into an sive to curative treatment or whose prog- agreement with the Director of the United nosis is limited due to progressive, far-ad- States Geological Survey under which the vanced disease; and Director shall obtain, in cooperation with BROWNBACK AMENDMENT NO. 4273 ‘‘(2) the evaluation, diagnosis, treatment, other Federal agencies, as appropriate, and (Ordered referred to the Committee and management of primary and secondary provide to the Secretary the data required to pain, whether acute, chronic, persistent, in- carry out this section. on Health, Education, Labor, and Pen- tractable, or associated with the end of life; (4) DATA STANDARDS.—All data used or cre- sions.) the purpose of which is to diagnose and al- ated to carry out this section shall comply Mr. BROWNBACK submitted an leviate pain and other distressing signs and with— amendment intended to be proposed by symptoms and to enhance the quality of life, (A) the National Spatial Data Infrastruc- him to the bill (S. 2015) to amend the not to hasten or postpone death.’’. ture established by Executive Order 12906 (59 Public Health Service Act to provide SEC. 102. ACTIVITIES OF HEALTH RESOURCES Fed. Reg. 17671 (April 13, 1994)); and for research with respect to human em- AND SERVICES ADMINISTRATION. (B) any other standards established by the (a) IN GENERAL.—Part D of title VII of the Federal Geographic Data Committee estab- bryonic stem cells; as follows: Public Health Service Act (42 U.S.C. 294 et lished by Office of Management and Budget Strike all after the enacting clause and in- seq.) is amended— Circular A–16. sert the following: (1) by redesignating sections 754 through (c) DIGITAL MAPS NOT CONTROLLING.—Any SECTION 1. SHORT TITLE. 757 as sections 755 through 758, respectively; determination as to whether a location is in- This Act may be cited as the ‘‘Pain Relief and side or outside the System shall be made Promotion Act of 2000’’. (2) by inserting after section 753 the fol- without regard to the digital maps created lowing: under this section. SEC. 2. FINDINGS. ‘‘SEC. 754. PROGRAM FOR EDUCATION AND (d) REPORT.— Congress finds that— TRAINING IN PAIN MANAGEMENT (1) IN GENERAL.—Not later than 3 years (1) in the first decade of the new millennium there should be a new emphasis on pain AND PALLIATIVE CARE. after the date of enactment of this Act, the ‘‘(a) IN GENERAL.—The Secretary, in con- management and palliative care; Secretary shall submit to the Committee on sultation with the Director of the Agency for (2) the use of certain narcotics and other Environment and Public Works of the Senate Healthcare Research and Quality, may award drugs or substances with a potential for and the Committee on Resources of the grants, cooperative agreements, and con- abuse is strictly regulated under the Con- House of Representatives a report that de- tracts to health professions schools, hos- trolled Substances Act; scribes the results of the pilot project and pices, and other public and private entities (3) the dispensing and distribution of cer- the feasibility, data needs, and costs of com- for the development and implementation of pleting digital maps for the entire System. tain controlled substances by properly reg- programs to provide education and training (2) CONTENTS.—The report shall include a istered practitioners for legitimate medical to health care professionals in pain manage- description of— purposes are permitted under the Controlled ment and palliative care. (A) the cooperative agreements that would Substances Act and implementing regula- ‘‘(b) PRIORITY.—In making awards under tions; be necessary to complete digital mapping of subsection (a), the Secretary shall give pri- (4) the dispensing or distribution of certain the entire System; ority to awards for the implementation of (B) the extent to which the data necessary controlled substances for the purpose of re- programs under such subsection. to complete digital mapping of the entire lieving pain and discomfort even if it in- ‘‘(c) CERTAIN TOPICS.—An award may be System are available; creases the risk of death is a legitimate med- made under subsection (a) only if the appli- (C) the need for additional data to com- ical purpose and is permissible under the cant for the award agrees that the program plete digital mapping of the entire System; Controlled Substances Act; to be carried out with the award will include (D) the extent to which the boundary lines (5) inadequate treatment of pain, espe- information and education on— on the digital maps differ from the boundary cially for chronic diseases and conditions, ir- ‘‘(1) means for diagnosing and alleviating lines on the original maps; and reversible diseases such as cancer, and end- pain and other distressing signs and symp- (E) the amount of funding necessary to of-life care, is a serious public health prob- toms of patients, especially terminally ill complete digital mapping of the entire Sys- lem affecting hundreds of thousands of pa- patients, including the medically appro- tem. tients every year; physicians should not priate use of controlled substances; (e) AUTHORIZATION OF APPROPRIATIONS.— hesitate to dispense or distribute controlled ‘‘(2) applicable laws on controlled sub- There is authorized to be appropriated to the substances when medically indicated for stances, including laws permitting health Secretary to carry out this section $500,000 these conditions; and for each of fiscal years 2002 through 2004. care professionals to dispense or administer (6) for the reasons set forth in section 101 controlled substances as needed to relieve SEC. 7. ECONOMIC ASSESSMENT OF JOHN H. of the Controlled Substances Act (21 U.S.C. pain even in cases where such efforts may CHAFEE COASTAL BARRIER RE- 801), the dispensing and distribution of con- SOURCES SYSTEM. unintentionally increase the risk of death; trolled substances for any purpose affect and (a) IN GENERAL.—Not later than 1 year interstate commerce. after the date of enactment of this Act, the ‘‘(3) recent findings, developments, and im- Secretary of the Interior shall submit to the TITLE I—PROMOTING PAIN MANAGEMENT provements in the provision of pain manage- Committee on Environment and Public AND PALLIATIVE CARE ment and palliative care. Works of the Senate and the Committee on SEC. 101. ACTIVITIES OF AGENCY FOR ‘‘(d) PROGRAM SITES.—Education and train- Resources of the House of Representatives an HEALTHCARE RESEARCH AND QUAL- ing under subsection (a) may be provided at economic assessment of the John H. Chafee ITY. or through health professions schools, resi- Coastal Barrier Resources System. Part A of title IX of the Public Health dency training programs and other graduate (b) REQUIRED ELEMENTS.—The assessment Service Act (42 U.S.C. 299 et seq.) is amended programs in the health professions, entities shall consider the impact on Federal expend- by adding at the end the following: that provide continuing medical education,

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9526 CONGRESSIONAL RECORD — SENATE September 28, 2000 hospices, and such other programs or sites as ‘‘(3) Nothing in this subsection shall be SEC. 204. EFFECTIVE DATE. the Secretary determines to be appropriate. construed to alter the roles of the Federal The amendments made by this title shall ‘‘(e) EVALUATION OF PROGRAMS.—The Sec- and State governments in regulating the take effect on the date of enactment of this retary shall (directly or through grants or practice of medicine. Regardless of whether Act. contracts) provide for the evaluation of pro- the Attorney General determines pursuant grams implemented under subsection (a) in to this section that the registration of a AMERICAN COMPETITIVENESS IN order to determine the effect of such pro- practitioner is inconsistent with the public THE TWENTY-FIRST CENTURY grams on knowledge and practice regarding interest, it remains solely within the discre- ACT OF 2000 pain management and palliative care. tion of State authorities to determine ‘‘(f) PEER REVIEW GROUPS.—In carrying out whether action should be taken with respect section 799(f) with respect to this section, to the State professional license of the prac- KYL AMENDMENT NO. 4274 the Secretary shall ensure that the member- titioner or State prescribing privileges. ship of each peer review group involved in- ‘‘(4) Nothing in the Pain Relief Promotion (Ordered to lie on the table.) cludes individuals with expertise and experi- Mr. KYL submitted an amendment ence in pain management and palliative care Act of 2000 (including the amendments made for the population of patients whose needs by such Act) shall be construed— intended to be proposed by him to the are to be served by the program. ‘‘(A) to modify the Federal requirements bill (S. 2045) amending the Immigration ‘‘(g) DEFINITION.—In this section, the term that a controlled substance be dispensed and Nationality Act with respect to H– ‘pain management and palliative care’ only for a legitimate medical purpose pursu- 1B nonimmigrant aliens; as follows: means— ant to paragraph (1); or At the end, add the following: ‘‘(B) to provide the Attorney General with ‘‘(1) the active, total care of patients whose SEC. . SCHOLARSHIP FOR SERVICE PROGRAM. the authority to issue national standards for disease or medical condition is not respon- Notwithstanding any other provision of pain management and palliative care clinical sive to curative treatment or whose prog- law, of the amount made available under sec- practice, research, or quality; nosis is limited due to progressive, far-ad- tion 286(s) of the Immigration and Nation- vanced disease; and except that the Attorney General may take ality Act (8 U.S.C. 1356(s)) for each fiscal ‘‘(2) the evaluation, diagnosis, treatment, such other actions as may be necessary to year; two percent shall be available to the and management of primary and secondary enforce this Act.’’. Director of the National Science Foundation pain, whether acute, chronic, persistent, in- (b) PAIN RELIEF.—Section 304(c) of the Con- to enable the Director to carry out the tractable, or associated with the end of life; trolled Substances Act (21 U.S.C. 824(c)) is Scholarship for Service program. the purpose of which is to diagnose and al- amended— leviate pain and other distressing signs and (1) by striking ‘‘(c) Before’’ and inserting HATCH (AND OTHERS) symptoms and to enhance the quality of life, the following: not to hasten or postpone death.’’. AMENDMENT NO. 4275 (b) AUTHORIZATION OF APPROPRIATIONS; AL- ‘‘(c) PROCEDURES.— Mr. HATCH (for himself, Mr. KEN- LOCATION.— ‘‘(1) ORDER TO SHOW CAUSE.—Before’’; and NEDY BRAHAM (1) IN GENERAL.—Section 758 of the Public (2) by adding at the end the following: , and Mr. A ) proposed an Health Service Act (as redesignated by sub- ‘‘(2) BURDEN OF PROOF.—At any proceeding amendment to the bill, S. 2045, supra; section (a)(1) of this section) is amended, in under paragraph (1), where the order to show as follows: subsection (b)(1)(C), by striking ‘‘sections cause is based on the alleged intentions of On page 1 of the amendment, line 10, strike 753, 754, and 755’’ and inserting ‘‘sections 753, the applicant or registrant to cause or assist ‘‘(vi)’’ and insert ‘‘(vii)’’. 754, 755, and 756’’. in causing death, and the practitioner claims On page 2 of the amendment, strike lines 1 (2) AMOUNT.—With respect to section 758 of a defense under paragraph (1) of section through 5 and insert the following: the Public Health Service Act (as redesig- 303(i), the Attorney General shall have the (2) by striking clause (iv) and inserting the nated by subsection (a)(1) of this section), burden of proving, by clear and convincing following: the dollar amount specified in subsection evidence, that the practitioner’s intent was ‘‘(iv) 195,000 in fiscal year 2001; (b)(1)(C) of such section is deemed to be in- to dispense, distribute, or administer a con- ‘‘(v) 195,000 in fiscal year 2002; creased by $5,000,000. trolled substance for the purpose of causing ‘‘(vi) 195,000 in fiscal year 2003; and’’. SEC. 103. DECADE OF PAIN CONTROL AND RE- death or assisting another person in causing On page 2 of the amendment, line 6, strike SEARCH. death. In meeting such burden, it shall not ‘‘FISCAL YEAR 1999.—’’ and insert ‘‘FISCAL The calendar decade beginning January 1, be sufficient to prove that the applicant or YEARS 1999 AND 2000.—’’. 2001, is designated as the ‘‘Decade of Pain registrant knew that the use of controlled On page 2 of the amendment, line 7, strike Control and Research’’. substance may increase the risk of death.’’. ‘‘Notwithstanding’’ and insert ‘‘(A) Notwith- SEC. 104. EFFECTIVE DATE. SEC. 202. EDUCATION AND TRAINING PROGRAMS. standing’’. The amendments made by this title shall On page 2 of the amendment, between lines Section 502(a) of the Controlled Substances take effect on the date of enactment of this 17 and 18, insert the following: Act (21 U.S.C. 872(a)) is amended— Act. (B) In the case of any alien on behalf of (1) by striking ‘‘and’’ at the end of para- TITLE II—USE OF CONTROLLED SUB- whom a petition for status under section graph (5); 101(a)(15)(H)(I)(b) is filed before September 1, STANCES CONSISTENT WITH THE CON- (2) by striking the period at the end of TROLLED SUBSTANCES ACT 2000, and is subsequently approved, that paragraph (6) and inserting ‘‘; and’’; and alien shall be counted toward the numerical SEC. 201. REINFORCING EXISTING STANDARD (3) by adding at the end the following: FOR LEGITIMATE USE OF CON- ceiling for fiscal year 2000 notwithstanding ‘‘(7) educational and training programs for the date of the approval of the petition. Not- TROLLED SUBSTANCES. Federal, State, and local personnel, incor- (a) IN GENERAL.—Section 303 of the Con- withstanding section 214(g)(1)(A)(iii) of the porating recommendations, subject to the trolled Substances Act (21 U.S.C. 823) is Immigration and Nationality Act, the total provisions of subsections (e) and (f) of sec- amended by adding at the end the following: number of aliens who may be issued visas or ‘‘(i)(1) For purposes of this Act and any tion 902 of the Public Health Service Act, by otherwise provided nonimmigrant status regulations to implement this Act, alle- the Secretary of Health and Human Services, under section 101(a)(15)(H)(i)(b) of such Act viating pain or discomfort in the usual on the means by which investigation and en- in fiscal year 2000 is increased by a number course of professional practice is a legiti- forcement actions by law enforcement per- equal to the number of aliens who may be mate medical purpose for the dispensing, dis- sonnel may better accommodate the nec- issued visas or otherwise provided non- tributing, or administering of a controlled essary and legitimate use of controlled sub- immigrant status who filed a petition during substance that is consistent with public stances in pain management and palliative the period beginning on the date on which health and safety, even if the use of such a care. the limitation in such section 214(g)(1)(A)(iii) substance may increase the risk of death. Nothing in this subsection shall be construed is reached and ending on August 31, 2000. Nothing in this section authorizes inten- to alter the roles of the Federal and State On page 3, line 11 strike ‘‘(A’’. tionally dispensing, distributing, or admin- governments in regulating the practice of On page 3, line 13 strike ‘‘(i)’’ and insert istering a controlled substance for the pur- medicine.’’. ‘‘(A)’’. pose of causing death or assisting another On page 3, line 17 strike ‘‘(ii)’’ and insert SEC. 203. FUNDING AUTHORITY. person in causing death. ‘‘(B)’’. ‘‘(2)(A) Notwithstanding any other provi- Notwithstanding any other provision of On page 3, line 18 strike ‘‘; or’’ and insert sion of this Act, in determining whether a law, the operation of the diversion control ‘‘.’’ registration is consistent with the public in- fee account program of the Drug Enforce- On page 3, strike lines 19–24. terest under this Act, the Attorney General ment Administration shall be construed to On page 4, line 6 strike ‘‘(A)’’. shall give no force and effect to State law include carrying out section 303(i) of the On page 6 of the amendment, strike lines 16 authorizing or permitting assisted suicide or Controlled Substances Act (21 U.S.C. 823(i)), through 18 and insert the following: euthanasia. as added by this Act, and subsections (a)(4) (2) is eligible to be granted that status but ‘‘(B) Paragraph (2) applies only to conduct and (c)(2) of section 304 of the Controlled for application of the per country limita- occurring after the date of enactment of this Substances Act (21 U.S.C. 824), as amended tions applicable to immigrants under those subsection. by this Act. paragraphs,

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9527 On page 7 of the amendment, strike lines 22 lows through ‘‘demonstrated’’ on line 20 and SEC. 202. PURPOSES. through 24 and insert the following: insert the following: ‘‘The need for the train- (a) PURPOSES.—The purposes of this title ‘‘(C) who, subsequent to such lawful admis- ing shall be justified’’. are to— sion, has not been employed without author- On page 16 of the amendment, line 6, insert (1) provide the Immigration and Natu- ization in the United States before the filing ‘‘section 116(b) or’’ before ‘‘section 117’’. ralization Service with the mechanisms it of such petition.’’. On page 16 of the amendment, line 20, needs to eliminate the current backlog in On page 9 of the amendment, between lines strike ‘‘; and’’ and insert the following: ‘‘: the processing of immigration benefit appli- 3 and 4, insert the following: Provided, That the activities of such local or cations within 1 year after enactment of this (c) INCREASED JOB FLEXIBILITY FOR LONG regional public-private partnership described Act and to maintain the elimination of the DELAYED APPLICANTS FOR ADJUSTMENT OF in this subsection shall be conducted in co- backlog in future years; and STATUS.— ordination with the activities of the relevant (2) provide for regular congressional over- (1) Section 204 of the Immigration and Na- local workforce investment board or boards sight of the performance of the Immigration tionality Act (8 U.S.C. 1154) is amended by established under the Workforce Investment and Naturalization Service in eliminating adding at the end the following new sub- Act of 1998 (29 U.S.C. 2832)’’. the backlog and processing delays in immi- section: On page 18 of the amendment, line 10, gration benefits adjudications. ‘‘(j) JOB FLEXIBILITY FOR LONG DELAYED strike ‘‘that are in shortage’’. (b) POLICY.—It is the sense of Congress APPLICANTS FOR ADJUSTMENT OF STATUS TO On page 18 of the amendment, line 23 and that the processing of an immigration ben- PERMANENT RESIDENCE.—A petition under 24, strike ‘‘H–1B skill shortage.’’ and insert efit application should be completed not subsection (a)(1)(D) for an individual whose ‘‘single specialty occupation, as defined in later than 180 days after the initial filing of application for adjustment of status pursu- section 214(i) of the Immigration and Nation- the application, except that a petition for a ant to section 245 has been filed and reality Act.’’. nonimmigrant visa under section 214(c) of On page 19 of the amendment, strike lines mained unadjudicated for 180 days or more the Immigration and Nationality Act should 1 through 6. shall remain valid with respect to a new job be processed not later than 30 days after the On page 20 of the amendment, line 23, if the individual changes jobs or employers if filing of the petition. the new job is in the same or a similar occu- strike ‘‘and’’. On page 21 of the amendment, line 2, strike SEC. 203. DEFINITIONS. pational classification as the job for which In this title: the petition was filed.’’. the period and insert ‘‘; and’’. On page 21 of the amendment, between (1) BACKLOG.—The term ‘‘backlog’’ means, (2) Section 212(a)(5)(A) of the Immigration lines 2 and 3, insert the following: with respect to an immigration benefit ap- and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is ‘‘(iii) in the case of an application for a plication, the period of time in excess of 180 amended by adding at the end the following grant under subsection (c)(2)(A)(ii), explain days that such application has been pending new clause: what barriers prevent the strategy from before the Immigration and Naturalization ‘‘(iv) LONG DELAYED ADJUSTMENT APPLI- being implemented through a grant made Service. CANTS.—A certification made under clause (i) (2) IMMIGRATION BENEFIT APPLICATION.—The with respect to an individual whose petition under subsection (c)(2)(A)(i).’’. At the appropriate place, add the fol- term ‘‘immigration benefit application’’ is covered by section 204(j) shall remain valid lowing: means any application or petition to confer, with respect to a new job accepted by the in- certify, change, adjust, or extend any status dividual after the individual changes jobs or USE OF FEES FOR DUTIES RELATING TO PETI- TIONS. granted under the Immigration and Nation- employers if the new job is in the same or a Section 286(s)(5) of the Immigration and ality Act. similar occupational classification as the job Nationality Act (8 U.S.C. (s)(5)) is amended for which the certification was issued.’’. SEC. 204. IMMIGRATION SERVICES AND INFRA- to read as follows:—4 percent of the amounts STRUCTURE IMPROVEMENT AC- (d) RECAPTURE OF UNUSED EMPLOYMENT- deposited into the H–1B Nonimmigrant Peti- COUNT. BASED IMMIGRANT VISAS.— tioner Account shall remain available to the (a) AUTHORITY OF THE ATTORNEY GEN- (1) IN GENERAL.—Notwithstanding any Attorney General until expended to carry ERAL.—The Attorney General shall take such other provision of law, the number of em- out duties under paragraphs (1) and (9) of measures as may be necessary to— ployment-based visas (as defined in para- section 214(c) related to petitions made for (1) reduce the backlog in the processing of graph (3)) made available for a fiscal year nonimmigrants describes in section immigration benefit applications, with the (beginning with fiscal year 2001) shall be in- 101(a)(15)(H)(i)(b), under paragraph (1)(c) or objective of the total elimination of the creased by the number described in para- (D) of section 204 related to petitions for im- backlog not later than one year after the graph (2). Visas made available under this migrants described in section 203(b). date of enactment of this Act; subsection shall only be available in a fiscal Notwithstanding any other provision of (2) make such other improvements in the year to employment-based immigrants under this Act, the figure on page 11, line 2 is processing of immigration benefit applica- paragraph (1), (2), or (3) of section 203(b) of deemed to be ‘‘22 percent’’; the figure on tions as may be necessary to ensure that a the Immigration and Nationality Act. page 12, line 25 deemed to be ‘‘4 percent’’; and backlog does not develop after such date; and (2) NUMBER AVAILABLE.— the figure on page 13 line 2 is deemed to be (3) make such improvements in infrastruc- (A) IN GENERAL.—Subject to subparagraph ‘‘2 percent’’. ture as may be necessary to effectively pro- (B), the number described in this paragraph At the appropriate place, add the fol- vide immigration services. is the difference between the number of em- lowing: (b) AUTHORIZATION OF APPROPRIATIONS.— ployment-based visas that were made avail- SEC. l. EXCLUSION OF CERTAIN ‘‘J’’ NON- (1) IN GENERAL.—There is authorized to be able in fiscal year 1999 and 2000 and the num- IMMIGRANTS FROM NUMERICAL appropriated to the Department of Justice LIMITATIONS APPLICABLE TO ‘‘H– ber of such visas that were actually used in from time to time such sums as may be nec- such fiscal years. 1B’’ NONIMMIGRANTS. The numerical limitations contained in essary for the Attorney General to carry out (B) REDUCTION.—The number described in subsection (a). subparagraph (A) shall be reduced, for each section 2 of this Act shall not apply to any nonimmigrant alien granted a waiver that is (2) DESIGNATION OF ACCOUNT IN TREASURY.— fiscal year after fiscal year 2001, by the cu- Amounts appropriated pursuant to para- mulative number of immigrant visas actu- subject to the limitation contained in paragraph (1)(B) of the first section 214(l) of the graph (1) may be referred to as the ‘‘Immi- ally used under paragraph (1) for previous gration Services and Infrastructure Improve- fiscal years. Immigration and Nationality Act (relating to restrictions on waivers). ments Account’’. (C) CONSTRUCTION.—Nothing in this para- At the appropriate place, insert the fol- (3) AVAILABILITY OF FUNDS.—Amounts ap- graph shall be construed as affecting the ap- lowing: propriated pursuant to paragraph (1) are au- plication of section 201(c)(3)(C) of the Immi- SEC. 9. STUDY AND REPORT ON THE ‘‘DIGITAL DI- thorized to remain available until expended. gration and Nationality Act (8 U.S.C. VIDE’’. (4) LIMITATION ON EXPENDITURES.—None of 1151(c)(3)(C)). (a) STUDY.—The Secretary of Commerce the funds appropriated pursuant to para- (3) EMPLOYMENT-BASED VISAS DEFINED.—For shall conduct a review of existing public and graph (1) may be expended until the report purposes of this subsection, the term ‘‘em- private high-tech workforce training pro- described in section 205(a) has been sub- ployment-based visa’’ means an immigrant grams in the United States. mitted to Congress. visa which is issued pursuant to the numer- (b) REPORT.—Not later than 18 months SEC. 205. REPORTS TO CONGRESS. ical limitation under section 203(b) of the after the date of enactment of this Act, the (a) BACKLOG ELIMINATION PLAN.— Immigration and Nationality Act (8 U.S.C. Secretary of Commerce shall submit a report (1) REPORT REQUIRED.—Not later than 90 1153(b)). to Congress setting forth the findings of the days after the date of enactment of this Act, On page 9, on line 9, strike ‘‘October 1, study conducted under subsection (a). the Attorney General shall submit a report 2002’’ and insert ‘‘October 1, 2003’’. At the appropriate place, insert the fol- to the Committees on the Judiciary and Ap- On page 9, line 15, strike ‘‘September 30, lowing: 2002’’ and insert ‘‘September 30, 2003.’’ propriations of the Senate and the House of On page 12 of the amendment, line 3, strike TITLE II—IMMIGRATION SERVICES AND Representatives concerning— ‘‘used’’ and insert ‘‘use’’. INFRASTRUCTURE IMPROVEMENTS (A) the backlogs in immigration benefit On page 12 of the amendment, line 21, SEC. 201. SHORT TITLE. applications in existence as of the date of en- strike ‘‘this’’ and insert ‘‘the’’. This title may be cited as the ‘‘Immigra- actment of this title; and On page 15 of the amendment, beginning on tion Services and Infrastructure Improve- (B) the Attorney General’s plan for elimi- line 18, strike ‘‘All training’’ and all that fol- ments Act of 2000’’. nating such backlogs.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9528 CONGRESSIONAL RECORD — SENATE September 28, 2000

(2) REPORT ELEMENTS.—The report shall in- nate the backlog for such processing and ad- On page 10, line 14, strike ‘‘of’’ and all that clude— judications; and follows through ‘‘and’’ on line 15 and insert (A) an assessment of the data systems used (C) a status report on— the following: ‘‘and the Committee on Inter- in adjudicating and reporting on the status (i) applications for adjustments of status national Relations of the House of Rep- of immigration benefit applications, includ- to that of an alien lawfully admitted for per- resentatives and the Committee on the Judi- ing— manent residence; ciary and the Committee on Foreign Rela- (i) a description of the adequacy of existing (ii) petitions for nonimmigrant visas under tions’’. computer hardware, computer software, and section 214 of the Immigration and Nation- Beginning on page 10, line 25, strike ‘‘but other mechanisms to comply with the adju- ality Act; may’’ and all that follows through ‘‘Reg- dications and reporting requirements of this (iii) petitions filed under section 204 of ister’’ on line 3 of page 11 and insert ‘‘in con- title; and such Act to classify aliens as immediate rel- sultation with the Secretary of State’’. (ii) a plan for implementing improvements atives or preference immigrants under sec- Beginning on page 11, strike line 13 and all to existing data systems to accomplish the tion 203 of such Act; that follows through line 9 on page 12. purpose of this title, as described in section (iv) applications for asylum under section On page 12, line 10, strike ‘‘(C)’’ and insert 202(b); 208 of such Act; ‘‘(B)’’. (B) a description of the quality controls to (v) registrations for Temporary Protected On page 13, line 3, insert ‘‘on the territory be put into force to ensure timely, fair, accu- Status under section 244 of such Act; and of the program country’’ after ‘‘ity)’’. rate, and complete processing and adjudica- (vi) a description of the additional re- On page 13, strike lines 4 through 6 and in- tion of such applications; sources and process changes needed to elimi- sert the following: (C) the elements specified in subsection nate the backlog for such processing and ad- ‘‘(III) a severe breakdown in law and order (b)(2); judications. affecting a significant portion of the pro- (D) an estimate of the amount of appro- (3) ABSENCE OF APPROPRIATED FUNDS.—In gram country’s territory; priated funds that would be necessary in the event that no funds are appropriated sub- ‘‘(IV) a severe economic collapse in the order to eliminate the backlogs in each cat- ject to section 204(b) in the fiscal year in program country; or’’. egory of immigration benefit applications which this Act is enacted, the Attorney Gen- On page 13, line 8, insert ‘‘in the program described in subsection (b)(2); and eral shall submit a report to Congress not country’’ after ‘‘event’’. (E) a detailed plan on how the Attorney later than 90 days after the end of such fiscal On page 13, line 12, before the period at the General will use any funds in the Immigra- year, and each fiscal year thereafter, con- end of the line insert ‘‘and where the coun- tion Services and Infrastructure Improve- taining the elements described in paragraph try’s participation in the program could con- ments Account to comply with the purposes (2). tribute to that threat’’. of this title. On page 13, line 17, insert ‘‘, in consulta- (b) ANNUAL REPORTS.— tion with the Secretary of State,’’ after ‘‘At- (1) IN GENERAL.—Beginning 90 days after VISA WAIVER PERMANENT torney General’’. the end of the first fiscal year for which any PROGRAM ACT On page 14, line 18, strike ‘‘a designation’’. appropriation authorized by section 204(b) is On page 15, line 11, insert ‘‘and departs’’ made, and 90 days after the end of each fiscal after ‘‘arrives’’. year thereafter, the Attorney General shall ABRAHAM (AND KENNEDY) Beginning on page 16, line 25, strike ‘‘Not submit a report to the Committees on the AMENDMENT NO. 4276 Judiciary and Appropriations of the Senate later’’ and all that follows through ‘‘Senate’’ Mr. DOMENICI (for Mr. ABRAHAM and and the House of Representatives concerning on line 6 of page 17 and insert the following: the status of— Mr. KENNEDY) proposed an amendment ‘‘As part of the annual report required to be (A) the Immigration Services and Infra- to the bill (H.R. 3767) to amend the Im- submitted under section 110(e)(1) of the Ille- structure Improvements Account including migration and Nationality Act to make gal Immigration Reform and Immigrant Re- any unobligated balances of appropriations improvements to, and permanently au- sponsibility Act of 1996, the Attorney Gen- in the Account; and thorize, the visa waiver pilot program eral shall include a section’’. (B) the Attorney General’s efforts to elimi- On page 17, line 8, before the period at the under section 217 of such Act, as fol- end of the line insert the following: ‘‘, to- nate backlogs in any immigration benefit lows: application described in paragraph (2). gether with an analysis of that informa- On page 5, line 12, strike ‘‘2006’’ and insert (2) REPORT ELEMENTS.—The report shall in- tion’’. clude— ‘‘2007’’. On page 17, line 10, strike ‘‘October 1’’ and On page 7, beginning on line 11, strike (A) State-by-State data on— insert ‘‘December 31’’. ‘‘VISA’’ and all that follows through ‘‘SYS- (i) the number of naturalization cases adju- On page 18, between lines 2 and 3, insert TEM’’ on line 13 and insert the following: dicated in each quarter of each fiscal year; the following: (ii) the average processing time for natu- ‘‘VISA APPLICATION SOLE METHOD TO DISPUTE The report required by this clause may be ralization applications; DENIAL OF WAIVER BASED ON A GROUND OF IN- combined with the annual report required to (iii) the number of naturalization applica- ADMISSIBILITY’’. be submitted on that date under section On page 7, beginning on line 13, strike ‘‘de- tions pending for up to 6 months, 12 months, 110(e)(1) of the Illegal Immigration Reform nial’’ and all that follows through ‘‘use’’ on 18 months, 24 months, 36 months, and 48 and Immigrant Responsibility Act of 1996. line 16 and insert the following: ‘‘denied a months or more; On page 19, line 21, insert ‘‘or Service iden- waiver under the program by reason of a (iv) estimated processing times adjudi- tification number’’ after ‘‘name’’. ground of inadmissibility described in sec- cating newly submitted naturalization appli- Beginning on page 20, strike line 22 and all tion 212(a) that is discovered at the time of cations; that follows through line 4 on page 21 and in- the alien’s application for the waiver or (v) an analysis of the appropriate proc- sert the following: through the use’’. ‘‘(6) COMPUTATION OF VISA REFUSAL essing times for naturalization applications; Beginning on page 7, strike line 23 and all and RATES.—For purposes of determining the eli- that follows through line 15 on page 8. gibility of a country to be designated as a (vi) the additional resources and process On page 9, line 6, strike ‘‘United States);’’ program country, the calculation of visa re- changes needed to eliminate the backlog for and insert ‘‘United States and the existence fusal rates shall not include any visa refusals naturalization adjudications; and effectiveness of its agreements and pro- which incorporate any procedures based on, (B) the status of applications or, where ap- cedures for extraditing to the United States or are otherwise based on, race, sex, or dis- plicable, petitions described in subparagraph individuals, including its own nationals, who ability, unless otherwise specifically author- (C), by Immigration and Naturalization commit crimes that violate United States ized by law or regulation.’’. Service district, including— law);’’. (i) the number of cases adjudicated in each On page 9, beginning on line 11, strike ‘‘of’’ On page 21, after line 4, add the following: quarter of each fiscal year; and all that follows through ‘‘and’’ on line 12 SEC. 207. VISA WAIVER INFORMATION. (ii) the average processing time for such and insert the following: ‘‘and the Com- Section 217(c) of the Immigration and Na- applications or petitions; mittee on International Relations of the tionality Act (8U.S.C. 1187(c)), as amended by (iii) the number of applications or peti- House of Representatives and the Committee sections 204(b) and 206 of this Act, is further tions pending for up to 6 months, 12 months, on the Judiciary and the Committee on For- amended by adding at the end the following: 18 months, 24 months, 36 months, and 48 eign Relations’’. ‘‘(7) VISA WAIVER INFORMATION.— months or more; On page 10, line 7, strike ‘‘United States’’ ‘‘(A) IN GENERAL.—In refusing the applica- (iv) the estimated processing times adjudi- and insert ‘‘United States and the existence tion of nationals of a program country for cating newly submitted applications or peti- and effectiveness of its agreements and pro- United States visas, or the applications of tions; cedures for extraditing to the United States nationals of a country seeking entry into the (v) an analysis of the appropriate proc- individuals, including its own nationals, who visa waiver program, a consular officer shall essing times for applications or petitions; commit crimes that violate United States not knowingly or intentionally classify the and law);’’. refusal of the visa under a category that is (vi) a description of the additional re- On page 10, line 8, insert ‘‘, based upon the not included in the calculation of the visa resources and process changes needed to elimi- evaluation in subclause (I),’’. fusal rate only so that the percentage of that

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9529 country’s visa refusals is less than the per- suant to such position continuously main- (2) who seeks adjustment of status after centage limitation applicable to qualifica- tained, during such period, the status of a the date of privatization to that of an alien tion for participation in the visa waiver pro- lawful nonimmigrant described in section lawfully admitted for permanent residence gram. 101(a)(15)(G)(iv) of the Immigration and Na- under section 245 of the Immigration and Na- ‘‘(B) REPORTING REQUIREMENT.—On May 1 tionality Act (8 U.S.C. 1101(a)(15)(G)(iv)), the tionality Act (8 U.S.C. 1255) based on section of each year, for each country under consid- alien shall be considered as maintaining such 203(b)(1)(C) of such Act (8 U.S.C. 1153(b)(1)(C)) eration for inclusion in the visa waiver pro- nonimmigrant status on and after such com- during the period in which the alien is— gram, the Secretary of State shall provide to mencement date, but only during the period (A) an officer or employee of INTELSAT or the appropriate congressional committees— in which the alien is an officer or employee any successor or separated entity of ‘‘(i) the total number of nationals of that of any successor or separated entity of INTELSAT; and country that applied for United States visas INTELSAT. (B) rendering services as such an officer or in that country during the previous calendar (b) IMMEDIATE FAMILY MEMBERS.— employee in a capacity that is managerial or year; (1) ALIENS MAINTAINING STATUS.— executive. ‘‘(ii) the total number of such nationals (A) AFTER PRIVATIZATION.—An alien who, SEC. 303. DEFINITIONS. who received United States visas during the on the day before the date of privatization, For purposes of this title— previous calendar year; was a member of the immediate family of an (1) the terms ‘‘INTELSAT’’, ‘‘separated en- ‘‘(iii) the total number of such nationals alien described in subsection (a)(1), and had tity’’, and ‘‘successor entity’’ shall have the who were refused United States visas during the status of a lawful nonimmigrant demeaning given such terms in the ORBIT Act the previous calendar year; scribed in section 101(a)(15)(G)(iv) of the Im- (Public Law 106–180; 114 Stat. 48); ‘‘(iv) the total number of such nationals migration and Nationality Act (8 U.S.C. (2) the term ‘‘date of privatization’’ means who were refused United States visas during 1101(a)(15)(G)(iv)) on such day, shall be con- the date on which all or substantially all of the previous calendar year under each provi- sidered as maintaining such nonimmigrant the then existing assets of INTELSAT are le- sion of this Act under which the visas were status on and after the date of privatization, gally transferred to one or more stock cor- refused; and but, only during the period in which the porations or other similar commercial enti- ‘‘(v) the number of such nationals that alien described in subsection (a)(1) is an offi- ties; and were refused under section 214(b) as a per- cer or employee of INTELSAT or any suc- (3) all other terms shall have the meaning centage of the visas that were issued to such cessor or separated entity of INTELSAT. given such terms in section 101(a) of the Im- nationals. (B) AFTER PRECURSORY EMPLOYMENT.—An migration and Nationality Act (8 U.S.C. ‘‘(C) CERTIFICATION.—Not later than May 1 alien who, on the day before a commence- 1101(a)). of each year, the United States chief of mis- ment date described in subsection (a)(2), was TITLE IV—MISCELLANEOUS sion, acting or permanent, to each country a member of the immediate family of the Section 214 of the Immigration and Nation- under consideration for inclusion in the visa commencing alien, and had the status of a ality Act is amended by adding the following waiver program shall certify to the appro- lawful nonimmigrant described in section new section. 101(a)(15)(G)(iv) of the Immigration and Na- priate congressional committees that the in- (10) An amended H-1B petition shall not be tionality Act (8 U.S.C. 1101(a)(15)(G)(iv)) on formation described in subparagraph (B) is required where the petitioning employer is such day, shall be considered as maintaining accurate and provide a copy of that certifi- involved in a corporate restructuring, in- such nonimmigrant status on and after such cation to those committees. cluding but not limited to a merger, acquisi- commencement date, but only during the pe- ‘‘(D) CONSIDERATION OF COUNTRIES IN THE tion, or consolidation, where a new corporate riod in which the commencing alien is an of- VISA WAIVER PROGRAM.—Upon notification to entity succeeds to the interests and obliga- ficer or employee of any successor or sepa- the Attorney General that a country is under tions of the original petitioning employer rated entity of INTELSAT. consideration for inclusion in the visa waiver and where the terms and conditions of em- (2) ALIENS CHANGING STATUS.—In the case program, the Secretary of State shall pro- ployment remain the same but for the iden- of an alien who is a member of the imme- vide all of the information described in sub- tity of the petitioner. paragraph (B) to the Attorney General. diate family of an alien described in para- On page 6, line 8, of the amendment, before ‘‘(E) DEFINITION.—In this paragraph, the graph (1) or (2) of subsection (a), the alien the quotation marks, insert the following: term ‘appropriate congressional committees’ may be granted and may maintain status as ‘‘No court shall have jurisdiction under this means the Committee on the Judiciary and a nonimmigrant described in section paragraph to review any visa refusal, the de- the Committee on Foreign Relations of the 101(a)(15)(G)(iv) of the Immigration and Na- nial of admission to the United States of any Senate and the Committee on the Judiciary tionality Act (8 U.S.C. 1101(a)(15)(G)(iv)) on alien by the Attorney General, the Sec- and the Committee on International Rela- the same terms as an alien described in sub- retary’s computation of the visa refusal rate, tions of the House of Representatives.’’. paragraph (A) or (B), respectively, of para- or the designation or non-designation of any TITLE III—IMMIGRATION STATUS OF graph (1). country.’’. (c) SPECIAL IMMIGRANTS.—For purposes of ALIEN EMPLOYEES OF INTELSAT AFTER At the appropriate place in the bill, insert section 101(a)(27)(I) (8 U.S.C. 1101(a)(27)(I)) of PRIVATIZATION the following: the Immigration and Nationality Act, the SEC. 301. MAINTENANCE OF NONIMMIGRANT AND term ‘‘international organization’’ includes SEC. ll. THE IMMIGRANT INVESTOR PILOT PRO- GRAM. SPECIAL IMMIGRANT STATUS NOT- INTELSAT or any successor or separated en- WITHSTANDING INTELSAT PRIVAT- (a) EXTENSION OF PROGRAM.—Section 610(b) tity of INTELSAT. IZATION. of the Departments of Commerce, Justice, SEC. 302. TREATMENT OF EMPLOYMENT FOR (a) OFFICERS AND EMPLOYEES.— and State, the Judiciary, and Related Agen- PURPOSES OF OBTAINING IMMI- (1) AFTER PRIVATIZATION.—In the case of an GRANT STATUS AS A MULTI- cies Appropriations Act, 1993 (8 U.S.C. 1153 alien who, during the 6-month period ending NATIONAL EXECUTIVE OR MAN- note) is amended by striking ‘‘seven years’’ on the day before the date of privatization, AGER. and inserting ‘‘ten years’’. was continuously an officer or employee of (a) IN GENERAL.—Notwithstanding section (b) DETERMINATIONS OF JOB CREATION.— INTELSAT, and pursuant to such position 212(e) of the Immigration and Nationality Section 610(c) of such Act is amended by in- continuously maintained, during such pe- Act (8 U.S.C. 1182(e)), in the case of an alien serting ‘‘, improved regional productivity, riod, the status of a lawful nonimmigrant de- described in subsection (b)— job creation, or increased domestic capital scribed in section 101(a)(15)(G)(iv) of the Im- (1) any services performed by the alien in investment’’ after ‘‘increased exports’’. migration and Nationality Act (8 U.S.C. the United States as an officer or employee At the end of the bill, add the fol- 1101(a)(15)(G)(iv)), the alien shall be consid- of INTELSAT or any successor or separated lowing: ered as maintaining such nonimmigrant sta- entity of INTELSAT, and in a capacity that SEC. ll. PARTICIPATION OF BUSINESS AIR- tus on and after the date of privatization, is managerial or executive, shall be consid- CRAFT IN THE VISA WAIVER PRO- but only during the period in which the alien ered employment outside the United States GRAM. is an officer or employee of INTELSAT or by an employer described in section (a) ENTRY OF BUSINESS AIRCRAFT.—Section any successor or separated entity of 203(b)(1)(C) of such Act (8 U.S.C. 217(a)(5) of the Immigration and Nationality INTELSAT. 1153(b)(1)(C)), if the alien has the status of a Act (as designated by this Act) is amended (2) PRECURSORY EMPLOYMENT WITH SUC- lawful nonimmigrant described in section by striking all after ‘‘carrier’’ and inserting CESSOR BEFORE PRIVATIZATION COMPLETION.— 101(a)(15)(G)(iv) of such Act (8 U.S.C. the following: ‘‘, including any carrier con- In the case of an alien who commences serv- 1101(a)(15)(G)(iv)) during such period of serv- ducting operations under part 135 of title 14, ice as an officer or employee of a successor ice; and Code of Federal Regulations, or a non- or separated entity of INTELSAT before the (2) the alien shall be considered as seeking commercial aircraft that is owned or oper- date of privatization, but after the date of to enter the United States in order to con- ated by a domestic corporation conducting the enactment of the ORBIT Act (Public Law tinue to render services to the same em- operations under part 91 of title 14, Code of 106–180; 114 Stat. 48) and in anticipation of ployer. Federal Regulations which has entered into privatization, if the alien, during the 6- (b) ALIENS DESCRIBED.—An alien described an agreement with the Attorney General month period ending on the day before such in this subsection is an alien— pursuant to subsection (e). The Attorney commencement date, was continuously an (1) whose nonimmigrant status is main- General is authorized to require a carrier officer or employee of INTELSAT, and pur- tained pursuant to section 301(a); and conducting operations under part 135 of title

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9530 CONGRESSIONAL RECORD — SENATE September 28, 2000 14, Code of Federal Regulations, or a domes- or operated by such domestic corporation SEC. 402. NEW TIME-FRAME FOR IMPLEMENTA- tic corporation conducting operations under equal to the total amount of fees assessed for TION OF DATA COLLECTION PRO- part 91 of that title, to give suitable and issuance of nonimmigration visa waiver ar- GRAM. proper bond, in such reasonable amount and rival/departure forms at land border ports of Section 641(g)(1) of the Illegal Immigration containing such conditions as the Attorney entry. All fees collected under this para- Reform and Immigrant Responsibility Act of General may deem sufficient to ensure com- graph shall be deposited into the Immigra- 1996 (division C of Public Law 104–208) is pliance with the indemnification require- tion User Fee Account established under sec- amended to read as follows: ments of this section, as a term of such an tion 286(h).’’. ‘‘(1) EXPANSION OF PROGRAM.—Not later agreement.’’. (e) REPORT REQUIRED.—Not later than two than 12 months after the submission of the (b) ROUND-TRIP TICKET.—Section 217(a)(8) years after the date of enactment of this report required by subsection (f), the Attor- of the Immigration and Nationality Act (as Act, the Attorney General shall submit a re- ney General, in consultation with the Sec- designated by this Act) is amended by insert- port to the Committees on the Judiciary of retary of State and the Secretary of Edu- ing ‘‘or the alien is arriving at the port of the House of Representatives and the Senate cation, shall commence expansion of the pro- entry on an aircraft operated under part 135 assessing the effectiveness of the program gram to cover the nationals of all coun- of title 14, Code of Federal Regulations, or a implemented under the amendments made tries.’’. noncommercial aircraft that is owned or op- by this section for simplifying the admission SEC. 403. TECHNICAL AMENDMENTS. erated by a domestic corporation conducting of business travelers from visa waiver pro- Section 641 of the Illegal Immigration Re- operations under part 91 of title 14, Code of gram countries and compliance with the Im- form and Immigrant Responsibility Act of Federal Regulations’’ after ‘‘regulations’’. migration and Nationality Act by such trav- 1996 (division C of Public Law 104–208) is (c) AUTOMATED SYSTEM CHECK.—Section elers under that program. amended— 217(a) (8 U.S.C. 1187(a)) of the Immigration SEC. 401. MORE EFFICIENT COLLECTION OF IN- (1) in subsection (h)(2)(A), by striking ‘‘Di- and Nationality Act is amended by adding at FORMATION FEE. rector of the United States Information the end the following: ‘‘Operators of aircraft Section 641(e) of the Illegal Immigration Agency’’ and inserting ‘‘Secretary of State’’; under part 135 of title 14, Code of Federal Reform and Immigrant Responsibility Act of and Regulations, or operators of noncommercial 1996 (division C of Public Law 104–208) is (2) in subsection (d)(1), by inserting ‘‘insti- aircraft that are owned or operated by a do- amended— tutions of higher education or exchange vis- mestic corporation conducting operations (1) in paragraph (1)— itor programs’’ after ‘‘by’’. under part 91 of title 14, Code of Federal Reg- (A) by striking ‘‘an approved institution of ulations, carrying any alien passenger who higher education and a designated exchange FEDERAL EMPLOYEES HEALTH IN- will apply for admission under this section visitor program’’ and inserting ‘‘the Attor- SURANCE PREMIUM CONVERSION shall furnish such information as the Attor- ney General’’; ACT ney General by regulation shall prescribe as (B) by striking ‘‘the time—’’ and inserting necessary for the identification of any alien the following: ‘‘a time prior to the alien passenger being transported and for the en- being classified under subparagraph (F), (J), ABRAHAM AMENDMENT NO. 4277 forcement of the immigration laws. Such in- or (M) of section 101(a)(15) of the Immigra- formation shall be electronically trans- tion and Nationality Act.’’; and Mr. GRAMS (for Mr. ABRAHAM) pro- mitted not less than one hour prior to ar- (C) by striking subparagraphs (A) and (B); posed an amendment to the bill (H.R. rival at the port of entry for purposes of (2) by amending paragraph (2) to read as 3646) to provide that the same health checking for inadmissibility using the auto- follows: mated electronic database.’’. insurance premium conversion ar- ‘‘(2) REMITTANCE.—The fees collected under (d) CARRIER AGREEMENT REQUIREMENTS TO rangements afforded to employees in paragraph (1) shall be remitted by the alien INCLUDE BUSINESS AIRCRAFT.— the executive and judicial branches of pursuant to a schedule established by the At- (1) IN GENERAL.—Section 217(e) (8 U.S.C. torney General for immediate deposit and the Government be made available to 1187(e)) of the Immigration and Nationality availability as described under section Federal annuitants, individuals serving Act is amended— in the legislative branch of the Govern- (A) by striking ‘‘carrier’’ each place it ap- 286(m) of the Immigration and Nationality pears and inserting ‘‘carrier (including any Act.’’; ment, and members and retired mem- carrier conducting operations under part 135 (3) in paragraph (3)— bers of the uniformed services; as fol- of title 14, Code of Federal Regulations) or a (A) by striking ‘‘has’’ the first place it ap- lows: domestic corporation conducting operations pears and inserting ‘‘seeks’’; and On page 8, strike line 8 and insert the fol- under part 91 of that title’’; and (B) by striking ‘‘has’’ the second place it lowing: (B) in paragraph (2), by striking ‘‘carrier’s appears and inserting ‘‘seeks to’’; (3) Jehad Mustafa, Amal Mustafa, and failure’’ and inserting ‘‘failure by a carrier (4) in paragraph (4)— Raed Mustafa. (including any carrier conducting operations (A) by inserting before the period at the On page 11, strike line 16 and insert the fol- under part 135 of title 14, Code of Federal end of the second sentence of subparagraph lowing: Regulations) or a domestic corporation (A) the following: ‘‘, except that, in the case (53) Hazem A. Al-Masri. conducing operations under part 91 of that of an alien admitted under section 101(a)(15)(J) of the Immigration and Nation- title’’. COASTAL ZONE MANAGEMENT ACT (2) BUSINESS AIRCRAFT REQUIREMENTS.— ality Act as an au pair, camp counselor, or Secion 217(e) (8 U.S.C. 1187(e)) of the Immi- participant in a summer work travel pro- OF 1999 gration and Nationality Act is amended by gram, the fee shall not exceed $40’’; and adding at the end the following new para- (B) by adding at the end of subparagraph graph: (B) the following new sentence: ‘‘Such ex- SNOWE AMENDMENT NO. 4278 ‘‘(3) BUSINESS AIRCRAFT REQUIREMENTS.— penses include, but are not necessarily lim- Mr. GRAMS (for Ms. SNOWE) proposed ‘‘(A) IN GENERAL.—For purposes of this sec- ited to, those incurred by the Secretary of an amendment to the bill (S. 1534) to State in connection with the program under tion, a domestic corporation conducting op- reauthorize the Coastal Zone Manage- erations under part 91 of title 14, Code of subsection (a).’’; and Federal Regulations that owns or operates a (5) by adding at the end the following new ment Act, and for other purposes; as non-commercial aircraft is a corporation paragraphs: follows: that is organized under the laws of any of the ‘‘(5) PROOF OF PAYMENT.—The alien shall On page 28, between lines 20 and 21, insert States of the United States or the District of present proof of payment of the fee before the following: Columbia and is accredited by or a member the granting of— (b) EQUITABLE ALLOCATION OF FUNDING.— of a national organization that sets business ‘‘(A) a visa under section 222 of the Immi- Section 306(c), (16 U.S.C. 1455(c)) is amended activity standards. The Attorney General gration and Nationality Act or, in the case by adding at the end thereof ‘‘In promoting shall prescribe by regulation the provision of of an alien who is exempt from the visa re- equity, the Secretary shall consider the such information as the Attorney General quirement described in section 212(d)(4) of overall change in grant funding under this deems necessary to identify the domestic the Immigration and Nationality Act, admis- section from the preceding fiscal year and corporation, its officers, employees, share- sion to the United States; or minimize the relative increases or decreases holders, its place of business, and its busi- ‘‘(B) change of nonimmigrant classifica- among all the eligible States. The Secretary ness activities. tion under section 248 of the Immigration shall ensure that each eligible State receives ‘‘(B) COLLECTIONS.—In addition to any and Nationality Act to a classification de- increased funding under this section in any other fee authorized by law, the Attorney scribed in paragraph (3). fiscal year for which the total amount appro- General is authorized to charge and collect, ‘‘(6) IMPLEMENTATION.—The provisions of priated to carry out this section is greater on a periodic basis, an amount from each do- section 553 of title 5, United States Code (re- than the total amount appropriated to carry mestic corporation conducting operations lating to rule-making) shall not apply to the out this section for the preceding fiscal under part 91 of title 14, Code of Federal Reg- extent the Attorney General determines nec- year.’’. ulations, for nonimmigrant visa waiver ad- essary to ensure the expeditious, initial im- On page 28, line 21, strike ‘‘(b)’’ and insert missions on non-commercial aircraft owned plementation of this section.’’. ‘‘(c)’’.

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On page 45, strike lines 7 through line 10 (3) DESIGN REQUIREMENTS.—The Museum COMMITTEE ON ENERGY AND NATURAL and insert the following: shall be designed so that— RESOURCES ‘‘(C) $13,000,000 for fiscal year 2002; (A) there is available for underground Mr. MURKOWSKI. Mr. President, I ‘‘(D) $14,000,000 for fiscal year 2003; and planned use by the courts of the District of ask unanimous consent that the Com- ‘‘(E) $15,000,000 for fiscal year 2004; Columbia for renovation and expansion of mittee on Energy and Natural Re- On page 45, line 16, strike ‘‘$5,500,000’’ and Old City Hall— insert ‘‘$6,500,000’’. (i) an area extending to a line that is at sources be authorized to meet during On page 46, after the last sentence, insert least 57 feet, 6 inches, north of the northern- the session of the Senate on Thursday, the following new section: most facade of Old City Hall and parallel to September 28, 2000 at 9:30 a.m., to con- SEC. 18. SENSE OF CONGRESS. that facade; plus duct an oversight hearing. The com- It is the Sense of Congress that the Under- (ii) an area extending beyond that line and mittee will examine the impacts of the secretary for Oceans and Atmosphere should comprising a part of a circle with a radius of recent United States Federal Circuit re-evaluate the calculation of shoreline mile- 40 feet measured from a point that is 59 feet, Court of Appeals decisions regarding age used in the distribution of funding under 9 inches, from the center of that facade; the Federal government’s breach of the Coastal Zone Management Program to (B) the underground portion of the Mu- seum has a footprint of not less than 23,665 contract for failure to accept high level ensure equitable treatment of all regions of nuclear waste by January 1998. the coastal zone, including the Southeastern square feet; States and the Great Lakes States. (C) above ground, there is a no-build zone The PRESIDING OFFICER. Without of 90 feet out from the northernmost face of objection, it is so ordered. the north portico of the existing Old City COMMITTEE ON ENERGY AND NATURAL NATIONAL LAW ENFORCEMENT Hall running east to west parallel to Old RESOURCES MUSEUM ACT City Hall; COMMITTEE ON FOREIGN RELATIONS (D) the aboveground portion of the Mu- seum consists of 2 entrance pavilions total- Mr. MURKOWSKI. Mr. President, I THOMPSON AMENDMENT NO. 4279 ing a maximum of 10,000 square feet, neither ask unanimous consent that the Com- of which shall exceed 6,000 square feet and mittee on Foreign Relations and the Mr. GRAMS (for Mr. THOMPSON) pro- the height of neither of which shall exceed 25 Committee on Energy and Natural Re- posed an amendment to the bill (S. feet, as measured from the curb of the west- sources be authorized to meet during 1438) to establish the National Law En- ernmost pavilion; and the session of the Senate on Thursday, forcement Museum on Federal land in (E) no portion of the aboveground portion September 28, 2000 at 3:00 p.m., to hold the District of Columbia; as follows: of the Museum is located within the 100-foot- a Joint Committee Hearing. Strike all after the enacting clause and in- wide area centered on the north-south axis of The PRESIDING OFFICER. Without sert the following: the Old City Hall. (4) PARKING.—The courts of the District of objection, it is so ordered. SECTION 1. SHORT TITLE. Columbia and the United States Court of Ap- COMMITTEE ON FINANCE This Act may be cited as the ‘‘National peals for the Armed Forces may construct an Law Enforcement Museum Act’’. Mr. MURKOWSKI. Mr. President, I underground parking structure in the south- ask unanimous consent that the Com- SEC. 2. FINDING. west quadrant of United States Reservation Congress finds that there should be estab- mittee on Finance be authorized to #7. meet during the session of the Senate lished a National Law Enforcement Museum (c) OPERATION AND USE.—The Memorial to honor and commemorate the service and Fund shall own, operate, and maintain the on Thursday, September 28, 2000 to sacrifice of law enforcement officers in the Museum after completion of construction. mark up H.R. 4844, the Railroad Retire- United States. (d) FEDERAL SHARE.—The United States ment and Survivors’ Improvement Act SEC. 3. DEFINITIONS. shall pay no expense incurred in the estab- of 2000 and the Community Renewal In this Act: lishment or construction of the Museum. and New Markets Act of 2000. (1) MEMORIAL FUND.—The term ‘‘Memorial (e) FUNDING VERIFICATION.—The Secretary The PRESIDING OFFICER. Without Fund’’ means the National Law Enforcement shall not permit construction of the Museum objection, it is so ordered. Officers Memorial Fund, Inc. to begin unless the Secretary determines COMMITTEE ON FOREIGN RELATIONS (2) MUSEUM.—The term ‘‘Museum’’ means that sufficient amounts are available to the National Law Enforcement Museum es- complete construction of the Museum in ac- Mr. MURKOWSKI. Mr. President, I tablished under section 4(a). cordance with the design and plans approved ask unanimous consent that the Com- (3) SECRETARY.—The term ‘‘Secretary’’ under subsection (b). mittee on Foreign Relations be author- means the Secretary of the Interior. (f) FAILURE TO CONSTRUCT.—If the Memo- ized to meet during the session of the SEC. 4. NATIONAL LAW ENFORCEMENT MUSEUM. rial Fund fails to begin construction of the Senate on Thursday, September 28, 2000 (a) CONSTRUCTION.— Museum by the date that is 10 years after the at 10:30 a.m. to hold a hearing. (1) IN GENERAL.—The Memorial Fund may date of enactment of this Act, the authority The PRESIDING OFFICER. Without to construct the Museum shall terminate on construct a National Law Enforcement Mu- objection, it is so ordered. seum on Federal land located on United that date. COMMITTEE ON THE JUDICIARY States Reservation #7, on the property bounded by— f Mr. MURKOWSKI. Mr. President, I (A) the National Law Enforcement Officers ask unanimous consent that the Com- Memorial on the north; AUTHORITY FOR COMMITTEES TO mittee on the Judiciary be authorized (B) the United States Court of Appeals for MEET to meet to conduct a markup on Thurs- the Armed Forces on the west; COMMITTEE ON ARMED SERVICES day, September 28, 2000, at 10:00 a.m. (C) Court Building C on the east; and Mr. MURKOWSKI. Mr. President, I The markup will take place in Dirksen (D) Old City Hall on the south. Room 226. (2) UNDERGROUND FACILITY.—The Memorial ask unanimous consent that the Com- Fund shall be permitted to construct part of mittee on Armed Services be author- The PRESIDING OFFICER. Without the Museum underground below E Street, ized to meet during the session of the objection, it is so ordered. NW. Senate on Thursday, September 28, 2000 SPECIAL COMMITTEE ON AGING (3) CONSULTATION.—The Museum Fund at 9:30 a.m., in open session to receive Mr. MURKOWSKI. Mr. President, I shall consult with and coordinate with the testimony on U.S. policy toward Iraq. ask unanimous consent that the Spe- Joint Committee on Administration of the The PRESIDING OFFICER. Without cial Committee on Aging be authorized District of Columbia courts in the planning, objection, it is so ordered. design, and construction of the Museum. to meet on Thursday, September 28, (b) DESIGN AND PLANS.— COMMITTEE ON COMMERCE, SCIENCE, AND 2000 from 8:00 a.m.–12:00 p.m. in Dirksen (1) IN GENERAL.—In carrying out subsection TRANSPORTATION 562 for the purpose of conducting a (a), the Memorial Fund shall be responsible Mr. MURKOWSKI. Mr. President, I hearing. for preparation of the design and plans for ask unanimous consent that the Com- The PRESIDING OFFICER. Without the Museum. mittee on Commerce, Science, and objection, it is so ordered. (2) APPROVAL.—The design and plans for Transportation be authorized to meet SUBCOMMITTEE ON ANTITRUST, BUSINESS the Museum shall be subject to the approval on Thursday, September 28, 2000 at 9:30 RIGHTS AND COMPETITION of— (A) the Secretary; a.m., on Department of Commerce Mr. MURKOWSKI. Mr. President, I (B) the Commission of Fine Arts; and trade missions/political activities. ask unanimous consent that the Com- (C) the National Capital Planning Commis- The PRESIDING OFFICER. Without mittee on the Judiciary Subcommittee sion. objection, it is so ordered. on Antitrust, Business Rights and

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Without the adoption of children in the District of Co- cated at 451 Indiana Avenue, Northwest, to re- lumbia foster care system, $5,000,000: Provided, main available until September 30, 2002, for cap- objection, it is so ordered. That such funds shall remain available until ital improvements for District of Columbia court- SUBCOMMITTEE ON SECURITIES September 30, 2002, and shall be used to carry house facilities: Provided, That notwithstanding Mr. MURKOWSKI. Mr. President, I out all of the provisions of title 38, except for any other provision of law, all amounts under ask unanimous consent that the Sub- section 3808, of the Fiscal Year 2001 Budget Sup- this heading shall be apportioned quarterly by committee on Securities of the Com- port Act of 2000, D.C. Bill 13–679, enrolled June the Office of Management and Budget and obli- mittee on Banking, Housing, and 12, 2000.’’. gated and expended in the same manner as Urban Affairs be authorized to meet FEDERAL PAYMENT FOR COMMERCIAL funds appropriated for salaries and expenses of during the session of the Senate on REVITALIZATION PROGRAM other Federal agencies, with payroll and financial services to be provided on a contractual For a Federal payment to the District of Co- Thursday, September 28, 2000, to con- basis with the General Services Administration lumbia, $1,500,000, to remain available until ex- duct a hearing on ‘‘the proposal by the (GSA), said services to include the preparation pended, for the Mayor, in consultation with the Securities and Exchange Commission of monthly financial reports, copies of which Council of the District of Columbia, to provide to promulgate agency regulations that shall be submitted directly by GSA to the Presi- offsets against local taxes for a commercial revi- dent and to the Committees on Appropriations would restrict the types of non-audit talization program, such program to provide fi- of the Senate and House of Representatives, the services that independent public ac- nancial inducements, including loans, grants, Committee on Governmental Affairs of the Sen- counts may provide to their audit cli- offsets to local taxes and other instruments that ate, and the Committee on Government Reform ents.’’ promote commercial revitalization in Enterprise of the House of Representatives. The PRESIDING OFFICER. Without Zones and low and moderate income areas in objection, it is so ordered. the District of Columbia: Provided, That in car- DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS SUBCOMMITTEE ON TRANSPORTATION AND rying out such a program, the Mayor shall use For payments authorized under section 11– INFRASTRUCTURE Federal commercial revitalization proposals introduced in Congress as a guideline: Provided 2604 and section 11–2605, D.C. Code (relating to Mr. MURKOWSKI. Mr. President, I representation provided under the District of ask unanimous consent that the Sub- further, That not later than 180 days after the date of the enactment of this Act, the Mayor Columbia Criminal Justice Act), payments for committee on Transportation and In- shall report to the Committees on Appropria- counsel appointed in proceedings in the Family frastructure be authorized to meet dur- tions of the Senate and House of Representa- Division of the Superior Court of the District of ing the session of the Senate Thursday, tives on the progress made in carrying out the Columbia under chapter 23 of title 16, D.C. September 28, at 9:30 a.m., Hearing commercial revitalization program. Code, and payments for counsel authorized under section 21–2060, D.C. Code (relating to Room (SD-406) to conduct a hearing to FEDERAL PAYMENT TO THE DISTRICT OF representation provided under the District of receive testimony on H.R. 809, the Fed- COLUMBIA PUBLIC SCHOOLS eral Protective Service Reform Act of Columbia Guardianship, Protective Proceedings, For a Federal payment to the District of Co- and Durable Power of Attorney Act of 1986), 2000. lumbia Public Schools, $500,000: Provided, That $38,387,000, to remain available until expended: The PRESIDING OFFICER. Without $250,000 of said amount shall be used for a pro- Provided, That the funds provided in this Act objection, it is so ordered. gram to reduce school violence: Provided fur- under the heading ‘‘Federal Payment to the f ther, That $250,000 of said amount shall be used District of Columbia Courts’’ (other than the for a program to enhance the reading skills of $5,825,000 provided under such heading for cap- DISTRICT OF COLUMBIA District public school students. ital improvements for District of Columbia court- APPROPRIATIONS ACT, 2001 FEDERAL PAYMENT TO COVENANT HOUSE house facilities) may also be used for payments On September 27, 2000, the Senate WASHINGTON under this heading: Provided further, That the amended and passed H.R. 4942, as fol- For a Federal payment to Covenant House Joint Committee on Judicial Administration in lows: Washington for a contribution to the construc- the District of Columbia shall use funds provided in this Act under the heading ‘‘Federal Resolved, That the bill from the House of tion in Southeast Washington of a new commu- Payment to the District of Columbia Courts’’ Representatives (H.R. 4942) entitled ‘‘An Act nity service center for homeless, runaway and (other than the $5,825,000 provided under such making appropriations for the government of at-risk youth, $500,000. heading for capital improvements for District of the District of Columbia and other activities FEDERAL PAYMENT TO THE DISTRICT OF Columbia courthouse facilities), to make pay- chargeable in whole or in part against the COLUMBIA CORRECTIONS TRUSTEE OPERATIONS ments described under this heading for obliga- revenues of said District for the fiscal year For salaries and expenses of the District of tions incurred during fiscal year 2000 if the ending September 30, 2001, and for other pur- Columbia Corrections Trustee, $134,200,000 for Comptroller General certifies that the amount of poses.’’, do pass with the following amend- the administration and operation of correctional obligations lawfully incurred for such payments ment: facilities and for the administrative operating during fiscal year 2000 exceeds the obligational Strike out all after the enacting clause and costs of the Office of the Corrections Trustee, as authority otherwise available for making such insert: authorized by section 11202 of the National Cap- payments: Provided further, That such funds That the following sums are appropriated, out ital Revitalization and Self-Government Im- shall be administered by the Joint Committee on of any money in the Treasury not otherwise ap- provement Act of 1997 (Public Law 105–33; 111 Judicial Administration in the District of Co- propriated, for the District of Columbia for the Stat. 712) of which $1,000,000 is to fund an ini- lumbia: Provided further, That notwithstanding fiscal year ending September 30, 2001, and for tiative to improve case processing in the District any other provision of law, this appropriation other purposes, namely: of Columbia criminal justice system: Provided, shall be apportioned quarterly by the Office of FEDERAL FUNDS That notwithstanding any other provision of Management and Budget and obligated and ex- FEDERAL PAYMENT FOR RESIDENT TUITION law, funds appropriated in this Act for the Dis- pended in the same manner as funds appro- SUPPORT trict of Columbia Corrections Trustee shall be priated for expenses of other Federal agencies, apportioned quarterly by the Office of Manage- For a Federal payment to the District of Co- with payroll and financial services to be pro- ment and Budget and obligated and expended in lumbia for a nationwide program to be adminis- vided on a contractual basis with the General the same manner as funds appropriated for sal- tered by the Mayor for District of Columbia resi- Services Administration (GSA), said services to aries and expenses of other Federal agencies: dent tuition support, $17,000,000, to remain include the preparation of monthly financial re- Provided further, That in addition to the funds available until expended: Provided, That such ports, copies of which shall be submitted directly provided under this heading, the District of Co- funds may be used on behalf of eligible District by GSA to the President and to the Committees lumbia Corrections Trustee may use any remain- of Columbia residents to pay an amount based on Appropriations of the Senate and House of ing interest earned on the Federal payment upon the difference between in-State and out- Representatives, the Committee on Govern- made to the Trustee under the District of Co- of-State tuition at public institutions of higher mental Affairs of the Senate, and the Committee lumbia Appropriations Act, 1998, to carry out education, usable at both public and private in- on Government Reform of the House of Rep- the activities funded under this heading. stitutions of higher education: Provided further, resentatives: Provided further, That the District That the awarding of such funds may be FEDERAL PAYMENT TO THE DISTRICT OF of Columbia Courts shall implement the rec- prioritized on the basis of a resident’s academic COLUMBIA COURTS ommendations in the General Accounting Office merit and such other factors as may be author- For salaries and expenses for the District of Report GAO/AIMD/OGC–99–226 regarding pay- ized. Columbia Courts, $109,080,000 to be allocated as ments to court-appointed attorneys and shall re- FEDERAL PAYMENT FOR INCENTIVES FOR follows: for the District of Columbia Court of port quarterly to the Office of Management and ADOPTION OF CHILDREN Appeals, $7,709,000; for the District of Columbia Budget and to the Senate and House of Rep- The paragraph under the heading ‘‘Federal Superior Court, $72,399,000; for the District of resentatives Appropriations Committees quar- Payment for Incentives for Adoption of Chil- Columbia Court System, $17,892,000; $5,255,000 to terly on the status of these reforms.

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FEDERAL PAYMENT TO THE COURT SERVICES AND Rule Act and section 124 of this Act, the total Districts shall be exempt from taxes levied by the OFFENDER SUPERVISION AGENCY FOR THE DIS- amount appropriated in this Act for operating District of Columbia: Provided further, That of TRICT OF COLUMBIA expenses for the District of Columbia for fiscal the $150,000,000 freed-up appropriations pro- For salaries and expenses, including the year 2001 under this heading shall not exceed vided for by this Act, $3,296,000 shall be avail- transfer and hire of motor vehicles, of the Court the lesser of the sum of the total revenues of the able to the Department of Housing and Commu- Services and Offender Supervision Agency for District of Columbia for such fiscal year or nity Development and $200,000 to the Depart- the District of Columbia, as authorized by the $5,546,536,000 (of which $192,804,000 shall be ment of Employment Services, prioritized pursu- National Capital Revitalization and Self-Gov- from intra-District funds and $3,096,383,000 shall ant to an act of the Council. ernment Improvement Act of 1997 (Public Law be from local funds): Provided further, That the PUBLIC SAFETY AND JUSTICE 105–33; 111 Stat. 712), $112,527,000, of which Chief Financial Officer of the District of Colum- Public safety and justice, including purchase $67,521,000 shall be for necessary expenses of bia and the District of Columbia Financial Re- or lease of 135 passenger-carrying vehicles for Community Supervision and Sex Offender Reg- sponsibility and Management Assistance Au- replacement only, including 130 for police-type istration, to include expenses relating to super- thority shall take such steps as are necessary to use and five for fire-type use, without regard to vision of adults subject to protection orders or assure that the District of Columbia meets these the general purchase price limitation for the provision of services for or related to such per- requirements, including the apportioning by the current fiscal year, and such sums as may be sons; $18,778,000 shall be transferred to the Pub- Chief Financial Officer of the appropriations necessary for making refunds and for the pay- lic Defender Service; and $26,228,000 shall be and funds made available to the District during ment of judgments that have been entered available to the Pretrial Services Agency: Pro- fiscal year 2001, except that the Chief Financial against the District of Columbia government: vided, That notwithstanding any other provi- Officer may not reprogram for operating ex- Provided, That of the $150,000,000 freed-up ap- sion of law, all amounts under this heading penses any funds derived from bonds, notes, or propriations provided for by this Act, $1,293,000 shall be apportioned quarterly by the Office of other obligations issued for capital projects. shall be available to the Department of Fire and Management and Budget and obligated and ex- DISTRICT OF COLUMBIA FINANCIAL RESPONSI- Emergency Medical Services, $100,000 to Citizen pended in the same manner as funds appro- BILITY AND MANAGEMENT ASSISTANCE AU- Complaint Review Board, $200,000 to Metropoli- priated for salaries and expenses of other Fed- THORITY tan Police Department, and $4,890,000 to the eral agencies: Provided further, That notwith- For the District of Columbia Financial Re- Settlement and Judgments Funds, prioritized standing section 446 of the District of Columbia sponsibility and Management Assistance Au- pursuant to an act of the Council: $762,346,000 Home Rule Act or any provision of subchapter thority (Authority), established by section 101(a) (including $591,365,000 from local funds, III of chapter 13 of title 31, United States Code, of the District of Columbia Financial Responsi- $24,950,000 from Federal funds, and $146,031,000 the use of interest earned on the Federal pay- bility and Management Assistance Act of 1995 from other funds): Provided further, That the ment made to the District of Columbia Offender (109 Stat. 97; Public Law 104–8), $6,500,000 from Metropolitan Police Department is authorized to Supervision, Defender, and Court Services other funds: Provided, That these funds be de- replace not to exceed 25 passenger-carrying ve- Agency under the District of Columbia Appro- rived from accounts held by the Authority on hicles and the Department of Fire and Emer- priations Act, 1998, by the Agency during fiscal behalf of the District of Columbia. gency Medical Services of the District of Colum- years 1998 and 1999 shall not constitute a viola- GOVERNMENTAL DIRECTION AND SUPPORT bia is authorized to replace not to exceed five tion of such Act or such subchapter. passenger-carrying vehicles annually whenever Governmental direction and support, METRORAIL CONSTRUCTION the cost of repair to any damaged vehicle ex- $194,271,000 (including $160,672,000 from local ceeds three-fourths of the cost of the replace- For the Washington Metropolitan Area Tran- funds, $20,424,000 from Federal funds, and sit Authority [WMATA], a contribution of ment: Provided further, That not to exceed $13,175,000 from other funds): Provided, That of $500,000 shall be available from this appropria- $25,000,000 to design and build a Metrorail sta- the $150,000,000 freed-up appropriations pro- tion located at New York and Florida Avenues, tion for the Chief of Police for the prevention vided for by this Act, $621,000 shall be available and detection of crime: Provided further, That Northeast: Provided, That, prior to the release to the Office of the Mayor, $2,500,000 to the Of- of said funds from the Treasury, the District of notwithstanding any other provision of law, or fice of Property Management, and $1,042,000 to Mayor’s Order 86–45, issued March 18, 1986, the Columbia shall set aside an additional be used for training, prioritized pursuant to an $25,000,000 for this project in its Fiscal Year 2001 Metropolitan Police Department’s delegated act of the Council: Provided further, That not to small purchase authority shall be $500,000: Pro- Budget and Financial Plan and, further, shall exceed $2,500 for the Mayor, $2,500 for the establish a special taxing district for the neigh- vided further, That the District of Columbia Chairman of the Council of the District of Co- government may not require the Metropolitan borhood of the proposed Metrorail station to lumbia, and $2,500 for the City Administrator provide $25,000,000: Provided further, That the Police Department to submit to any other pro- shall be available from this appropriation for of- curement review process, or to obtain the ap- requirements of 49 U.S.C. 5309(a)(2) shall apply ficial purposes: Provided further, That any pro- to this project. proval of or be restricted in any manner by any gram fees collected from the issuance of debt official or employee of the District of Columbia FEDERAL PAYMENT FOR BROWNFIELD shall be available for the payment of expenses of government, for purchases that do not exceed REMEDIATION the debt management program of the District of $500,000: Provided further, That the Mayor shall For a Federal payment to the District of Co- Columbia: Provided further, That no revenues reimburse the District of Columbia National lumbia, $3,450,000 for environmental and infra- from Federal sources shall be used to support Guard for expenses incurred in connection with structure costs at Poplar Point: Provided, That the operations or activities of the Statehood services that are performed in emergencies by of said amount, $2,150,000 shall be available for Commission and Statehood Compact Commis- the National Guard in a militia status and are environmental assessment, site remediation and sion: Provided further, That the District of Co- requested by the Mayor, in amounts that shall wetlands restoration of the 11 acres of real prop- lumbia shall identify the sources of funding for be jointly determined and certified as due and erty under the jurisdiction of the District of Co- Admission to Statehood from its own locally- payable for these services by the Mayor and the lumbia: Provided further, That no more than generated revenues: Provided further, That all Commanding General of the District of Colum- $1,300,000 shall be used for infrastructure costs employees permanently assigned to work in the bia National Guard: Provided further, That for an entrance to Anacostia Park: Provided Office of the Mayor shall be paid from funds al- such sums as may be necessary for reimburse- further, That none of said funds shall be used located to the Office of the Mayor: Provided ment to the District of Columbia National Guard by the District of Columbia to purchase private further, That $303,000 and no fewer than 5 FTEs under the preceding proviso shall be available property in the Poplar Point area. shall be available exclusively to support the from this appropriation, and the availability of Labor-Management Partnership Council: Pro- PRESIDENTIAL INAUGURATION the sums shall be deemed as constituting pay- vided further, That section 168(a) of the District For a payment to the District of Columbia to ment in advance for emergency services in- of Columbia Appropriations Act, 2000 (Public volved: Provided further, That the Metropolitan reimburse the District for expenses incurred in Law 106–113; 113 Stat. 1531) is amended by in- connection with Presidential inauguration ac- Police Department is authorized to maintain serting ‘‘, to remain available until expended,’’ 3,800 sworn officers, with leave for a 50 officer tivities, $6,211,000, as authorized by section after ‘‘$5,000,000’’. 737(b) of the District of Columbia Home Rule attrition: Provided further, That no more than Act, approved December 24, 1973 (87 Stat. 824; ECONOMIC DEVELOPMENT AND REGULATION 15 members of the Metropolitan Police Depart- D.C. Code, sec. 1–1132), which shall be appor- Economic development and regulation, ment shall be detailed or assigned to the Execu- tioned by the Chief Financial Officer within the $205,638,000 (including $53,562,000 from local tive Protection Unit, until the Chief of Police various appropriation headings in this Act. funds, $92,378,000 from Federal funds, and submits a recommendation to the Council for its DISTRICT OF COLUMBIA FUNDS $59,698,000 from other funds), of which review: Provided further, That $100,000 shall be $15,000,000 collected by the District of Columbia available for inmates released on medical and OPERATING EXPENSES in the form of BID tax revenue shall be paid to geriatric parole: Provided further, That com- DIVISION OF EXPENSES the respective BIDs pursuant to the Business mencing on December 31, 1999, the Metropolitan The following amounts are appropriated for Improvement Districts Act of 1996 (D.C. Law 11– Police Department shall provide to the Commit- the District of Columbia for the current fiscal 134; D.C. Code, sec. 1–2271 et seq.), and the tees on Appropriations of the Senate and House year out of the general fund of the District of Business Improvement Districts Amendment Act of Representatives, the Committee on Govern- Columbia, except as otherwise specifically proof 1997 (D.C. Law 12–26): Provided, That such mental Affairs of the Senate, and the Committee vided: Provided, That notwithstanding any funds are available for acquiring services pro- on Government Reform of the House of Rep- other provision of law, except as provided in vided by the General Services Administration: resentatives, quarterly reports on the status of section 450A of the District of Columbia Home Provided further, That Business Improvement crime reduction in each of the 83 police service

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00129 Fmt 4624 Sfmt 6333 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9534 CONGRESSIONAL RECORD — SENATE September 28, 2000 areas established throughout the District of Co- the education of any nonresident of the District Drug Treatment Act of 2000, signed by the lumbia: Provided further, That Chapter 23 of of Columbia at any District of Columbia public Mayor on April 20, 2000 (D.C. Act 13–329): Pro- Title 11 of the District of Columbia Code is re- elementary and secondary school during fiscal vided further, That the District of Columbia is pealed. year 2001 unless the nonresident pays tuition to authorized to enter into a long-term lease of PUBLIC EDUCATION SYSTEM the District of Columbia at a rate that covers 100 Hamilton Field with Gonzaga College High Public education system, including the devel- percent of the costs incurred by the District of School and that, in exchange for such a lease, opment of national defense education programs, Columbia which are attributable to the edu- Gonzaga will introduce and implement a youth $998,918,000 (including $824,867,000 from local cation of the nonresident (as established by the baseball program focused on 13 to 18 year old funds, $147,643,000 from Federal funds, and Superintendent of the District of Columbia Pub- residents, said program to include summer and $26,408,000 from other funds), to be allocated as lic Schools): Provided further, That this appro- fall baseball programs and baseball clinics: Pro- follows: $769,943,000 (including $629,309,000 from priation shall not be available to subsidize the vided further, That notwithstanding any other local funds, $133,490,000 from Federal funds, education of nonresidents of the District of Co- provision of law, the District of Columbia may and $7,144,000 from other funds), for the public lumbia at the University of the District of Co- increase the Human Support Services appropria- schools of the District of Columbia; $200,000 lumbia, unless the Board of Trustees of the Uni- tion under this Act by an amount equal to not from local funds for the District of Columbia versity of the District of Columbia adopts, for more than 15 percent of the local funds in the Teachers’ Retirement Fund; $1,679,000 from local the fiscal year ending September 30, 2001, a tui- appropriation in order to augment the District funds for the State Education Office; $17,000,000 tion rate schedule that will establish the tuition of Columbia subsidy for the Public Benefit Cor- from local funds, previously appropriated in this rate for nonresident students at a level no lower poration for the purpose of restructuring the de- Act as a Federal payment, for resident tuition than the nonresident tuition rate charged at livery of health services in the District of Co- support at public and private institutions of comparable public institutions of higher edu- lumbia pursuant to a restructuring plan ap- higher learning for eligible District of Columbia cation in the metropolitan area: Provided fur- proved by the Mayor, Council of the District of residents; $105,000,000 from local funds for pub- ther, That $2,200,000 is allocated to the Tem- Columbia, District of Columbia Financial Re- lic charter schools: Provided, That there shall be porary Weighted Student Formula to fund 344 sponsibility and Management Assistance Au- quarterly disbursement of funds to the D.C. additional slots for pre-K students: Provided thority, and Chief Financial Officer. further, That $50,000 is allocated to fund a con- public charter schools, with the first payment to PUBLIC WORKS occur within 15 days of the beginning of each ference on learning support for children ages 3– fiscal year: Provided further, That the D.C. 4 in September 2000 hosted jointly by the District Public works, including rental of one pas- public charter schools will report enrollment on of Columbia Public Schools and District of Co- senger-carrying vehicle for use by the Mayor a quarterly basis upon which a quarterly dis- lumbia public charter schools: Provided further, and three passenger-carrying vehicles for use by bursement will be calculated: Provided further, That no local funds in this Act shall be used to the Council of the District of Columbia and leas- That if the entirety of this allocation has not administer a system wide standardized test more ing of passenger-carrying vehicles, $278,242,000 been provided as payments to any public charter than once in fiscal year 2001: Provided further, (including $265,078,000 from local funds, schools currently in operation through the per That no less than $436,452,000 shall be expended $3,328,000 from Federal funds, and $9,836,000 pupil funding formula, the funds shall be avail- on local schools through the Weighted Student from other funds): Provided, That of the able for public education: Provided further, Formula: Provided further, That notwith- $150,000,000 freed-up appropriations provided That $480,000 of this amount shall be available standing any other provision of law, rule, or for by this Act, $1,500,000 shall be available to to the District of Columbia Public Charter regulation, the evaluation process and instru- Public Works, $1,000,000 to the Department of School Board for administrative costs: Provided ments for evaluating District of Columbia Public Motor Vehicles, and $1,550,000 to the Taxicab further, That $76,433,000 (including $44,691,000 School employees shall be a non-negotiable item Commission, prioritized pursuant to an act of from local funds, $13,199,000 from Federal funds, for collective bargaining purposes: Provided fur- the Council: Provided further, That this appro- and $18,543,000 from other funds) shall be avail- ther, That of the $150,000,000 freed-up appropriation shall not be available for collecting able for the University of the District of Colum- priations provided for by this Act, $12,079,000 ashes or miscellaneous refuse from hotels and bia: Provided further, That $200,000 is allocated shall be available to the District of Columbia places of business: Provided further, That for the East of the River Campus Assessment Public Schools, $120,000 to the Commission on $100,000 be available for a commercial sector re- Study, $1,000,000 for the Excel Institute Adult the Arts and Humanities, $400,000 to the District cycling initiative: Provided further, That Education Program, $500,000 for the Adult Edu- of Columbia Library, and $2,500,000 to the Uni- $250,000 be available to initiate a recycling education State Plan, $650,000 for The Saturday versity of the District of Columbia for adult cation campaign: Provided further, That $10,000 Academy Pre-College Program, and $481,000 for basic education, prioritized pursuant to an act be available for community clean-up kits: Pro- the Strengthening of Academic Programs; and of the Council. vided further, That $190,000 be available to re- $26,459,000 (including $25,208,000 from local HUMAN SUPPORT SERVICES store 3.5 percent vacancy rate in Parking Serv- funds, $550,000 from Federal funds and $701,000 Human support services, $1,532,704,000 (in- ices: Provided further, That $170,000 be avail- from other funds) for the Public Library: Pro- cluding $634,397,000 from local funds, able to plant 500 trees: Provided further, That vided further, That the $1,020,000 enhancement $881,589,000 from Federal funds, and $16,718,000 $118,000 be available for two water trucks: Pro- shall be allocated such that $500,000 is used for from other funds): Provided, That $25,836,000 of vided further, That $150,000 be available for facilities improvements for 8 of the 26 library this appropriation, to remain available until ex- contract monitors and parking analysts within branches, $235,000 for 13 FTEs for the continu- pended, shall be available solely for District of Parking Services: Provided further, That ation of the Homework Helpers Program, Columbia employees’ disability compensation: $1,409,000 be available for a neighborhood clean- $166,000 for 3 FTEs in the expansion of the Provided further, That of the $150,000,000 freed- up initiative: Provided further, That $1,000,000 Reach Out And Roar (ROAR) service to license up appropriations provided for by this Act, be available for tree maintenance: Provided fur- day care homes, and $119,000 for 3 FTEs to ex- $10,000,000 shall be available to the Children In- ther, That $600,000 be available for an anti-graf- pand literacy support into branch libraries: Pro- vestment Trust, $1,511,000 to the Department of fiti program: Provided further, That $226,000 be vided further, That $2,204,000 (including Parks and Recreation, $574,000 to the Office on available for a hazardous waste program: Pro- $1,780,000 from local funds, $404,000 from Fed- Aging, $4,245,000 to the Department of Health, vided further, That $1,260,000 be available for eral funds and $20,000 from other funds) shall be and $1,500,000 to the Commission on Latino Af- parking control aides: Provided further, That available for the Commission on the Arts and fairs, prioritized pursuant to an act of the $400,000 be available for the Department of Humanities: Provided further, That the public Council: Provided further, That the District of Motor Vehicles to hire additional ticket adju- schools of the District of Columbia are author- Columbia shall not provide free government dicators, conduct additional hearings, and re- ized to accept not to exceed 31 motor vehicles for services such as water, sewer, solid waste dis- duce the waiting time for hearings. exclusive use in the driver education program: posal or collection, utilities, maintenance, re- RECEIVERSHIP PROGRAMS Provided further, That not to exceed $2,500 for pairs, or similar services to any legally con- the Superintendent of Schools, $2,500 for the stituted private nonprofit organization, as de- For all agencies of the District of Columbia President of the University of the District of Co- fined in section 411(5) of the Stewart B. McKin- government under court ordered receivership, lumbia, and $2,000 for the Public Librarian shall ney Homeless Assistance Act (101 Stat. 485; Pub- $389,528,000 (including $234,913,000 from local be available from this appropriation for official lic Law 100–77; 42 U.S.C. 11371), providing emer- funds, $135,555,000 from Federal funds, and purposes: Provided further, That none of the gency shelter services in the District, if the Dis- $19,060,000 from other funds): Provided, That of funds contained in this Act may be made avail- trict would not be qualified to receive reimburse- the $150,000,000 freed-up appropriation provided able to pay the salaries of any District of Co- ment pursuant to such Act (101 Stat. 485; Public for by this Act, $6,300,000 shall be available to lumbia Public School teacher, principal, admin- Law 100–77; 42 U.S.C. 11301 et seq.): Provided the LaShawn Receivership and $13,000,000 to istrator, official, or employee who knowingly further, That $400,000 shall be available for the the Commission on Mental Health, prioritized provides false enrollment or attendance informa- administrative costs associated with implemen- pursuant to an act of the Council. tion under article II, section 5 of the Act entitled tation of the Drug Treatment Choice Program RESERVE ‘‘An Act to provide for compulsory school at- established pursuant to section 4 of the Choice tendance, for the taking of a school census in in Drug Treatment Act of 2000, signed by the For a reserve to be established by the Chief Fi- the District of Columbia, and for other pur- Mayor on April 20, 2000 (D.C. Act 13–329): Pro- nancial Officer of the District of Columbia and poses’’, approved February 4, 1925 (D.C. Code, vided further, That $7,000,000 shall be available the District of Columbia Financial Responsi- sec. 31–401 et seq.): Provided further, That this for deposit in the Addiction Recovery Fund es- bility and Management Assistance Authority, appropriation shall not be available to subsidize tablished pursuant to section 5 of the Choice in $150,000,000 of local funds.

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EMERGENCY RESERVE FUND D.C. Code, sec. 6–135), to be spent pursuant to $123,548,000 of which $45,313,000 shall be derived For the emergency reserve fund established local law. by transfer from the general fund, and under section 450A(a) of the District of Colum- OPERATIONAL IMPROVEMENTS SAVINGS $78,235,000 from other funds: Provided, That no bia Home Rule Act, the amount provided for fis- (INCLUDING MANAGED COMPETITION) amounts may be made available to the Corpora- cal year 2001 under such section, to be derived The Mayor and the Council in consultation of tion (through reprogramming, transfers, loans, from local funds. with the Chief Financial Officer and the Dis- or any other mechanism) which are not otherwise provided for under this heading. REPAYMENT OF LOANS AND INTEREST trict of Columbia Financial Responsibility and For payment of principal, interest and certain Management Assistance Authority, shall make DISTRICT OF COLUMBIA RETIREMENT BOARD fees directly resulting from borrowing by the reductions of $10,000,000 for operational im- For the District of Columbia Retirement District of Columbia to fund District of Colum- provements savings in local funds to one or more Board, established by section 121 of the District bia capital projects as authorized by sections of the appropriation headings in this Act. of Columbia Retirement Reform Act of 1979 (93 462, 475, and 490 of the District of Columbia MANAGEMENT REFORM SAVINGS Stat. 866; D.C. Code, sec. 1–711), $11,414,000 from Home Rule Act, approved December 24, 1973, The Mayor and the Council in consultation of the earnings of the applicable retirement funds $243,238,000 from local funds: Provided, That of with the Chief Financial Officer and the Dis- to pay legal, management, investment, and the $150,000,000 freed-up appropriations pro- trict of Columbia Financial Responsibility and other fees and administrative expenses of the vided for by this Act, the balance remaining Management Assistance Authority, shall make District of Columbia Retirement Board: Pro- after other expenditures shall be used for Pay- reductions of $37,000,000 for management reform vided, That the District of Columbia Retirement As-You-Go Capital Funds in lieu of capital fi- savings in local funds to one or more of the ap- Board shall provide the Mayor, for transmittal nancing, prioritized pursuant to an act of the propriation headings in this Act. to the Council of the District of Columbia, an Council: Provided further, That any funds set itemized accounting of the planned use of ap- CAFETERIA PLAN aside pursuant to section 148 of the District of propriated funds in time for each annual budget Columbia Appropriations Act (Public Law 106– For the implementation of a Cafeteria Plan submission and the actual use of such funds in 113; 113 Stat. 1531) that are not used in the re- pursuant to Federal law, a reduction of time for each annual audited financial report. serve funds established herein shall be used for $5,000,000: Provided, That of the $150,000,000 CORRECTIONAL INDUSTRIES FUND Pay-As-You-Go Capital Funds: Provided fur- freed-up appropriations provided for by this Act, $5,000,000 shall be available for the savings For the Correctional Industries Fund, estab- ther, That for equipment leases, the Mayor may lished by the District of Columbia Correctional finance $19,232,000 of equipment cost, plus cost associated with the implementation of the Cafe- teria Plan, prioritized pursuant to an act of the Industries Establishment Act (78 Stat. 1000; Pub- of issuance not to exceed 2 percent of the par lic Law 88–622), $1,808,000 from other funds. amount being financed on a lease purchase Council. WASHINGTON CONVENTION CENTER ENTERPRISE basis with a maturity not to exceed 5 years: Pro- ENTERPRISE AND OTHER FUNDS FUND vided further, That $2,000,000 is allocated to the WATER AND SEWER AUTHORITY AND THE For the Washington Convention Center Enter- Metropolitan Police Department, $4,300,000 for WASHINGTON AQUEDUCT prise Fund, $52,726,000 from other funds. the Fire and Emergency Medical Services De- For operation of the Water and Sewer Author- partment, $1,622,000 for the Public Library, ity and the Washington Aqueduct, $275,705,000 CAPITAL OUTLAY $2,010,000 for the Department of Parks and from other funds (including $230,614,000 for the (INCLUDING RESCISSIONS) Recreation, $7,500,000 for the Department of Water and Sewer Authority and $45,091,000 for For construction projects, an increase of Public Works and $1,800,000 for the Public Ben- the Washington Aqueduct) of which $41,503,000 $1,077,282,000 of which $806,787,000 is from local efit Corporation. shall be apportioned and payable to the Dis- funds, $66,446,000 is from highway trust funds, REPAYMENT OF GENERAL FUND RECOVERY DEBT trict’s debt service fund for repayment of loans and $204,049,000 is from Federal funds, and a re- For the purpose of eliminating the $331,589,000 and interest incurred for capital improvement scission of $55,208,000 from local funds appro- general fund accumulated deficit as of Sep- projects. priated under this heading in prior fiscal years, tember 30, 1990, $39,300,000 from local funds, as For construction projects, $140,725,000, as au- for a net amount of $1,022,074,000 to remain authorized by section 461(a) of the District of thorized by the Act entitled ‘‘An Act author- available until expended: Provided, That funds Columbia Home Rule Act (105 Stat. 540; D.C. izing the laying of watermains and service sew- for use of each capital project implementing Code, sec. 47–321(a)(1)). ers in the District of Columbia, the levying of agency shall be managed and controlled in ac- assessments therefor, and for other purposes’’ cordance with all procedures and limitations es- PAYMENT OF INTEREST ON SHORT-TERM (33 Stat. 244; Public Law 58–140; D.C. Code, sec. tablished under the Financial Management Sys- BORROWING 43–1512 et seq.): Provided, That the requirements tem: Provided further, That all funds provided For payment of interest on short-term bor- and restrictions that are applicable to general by this appropriation title shall be available rowing, $1,140,000 from local funds. fund capital improvements projects and set forth only for the specific projects and purposes in- PRESIDENTIAL INAUGURATION in this Act under the Capital Outlay appropria- tended: Provided further, That notwithstanding For reimbursement for necessary expenses in- tion title shall apply to projects approved under the foregoing, all authorizations for capital out- curred in connection with Presidential inau- this appropriation title. lay projects, except those projects covered by the guration activities as authorized by section LOTTERY AND CHARITABLE GAMES ENTERPRISE first sentence of section 23(a) of the Federal-Aid 737(b) of the District of Columbia Home Rule FUND Highway Act of 1968 (82 Stat. 827; Public Law 90–495; D.C. Code, sec. 7–134, note), for which Act, Public Law 93–198, as amended, approved For the Lottery and Charitable Games Enter- funds are provided by this appropriation title, December 24, 1973 (87 Stat. 824; D.C. Code, sec. prise Fund, established by the District of Colum- shall expire on September 30, 2002, except au- 1–1803), $6,211,000, which shall be apportioned bia Appropriation Act for the fiscal year ending thorizations for projects as to which funds have by the Chief Financial Officer within the var- September 30, 1982 (95 Stat. 1174 and 1175; Pub- been obligated in whole or in part prior to Sep- ious appropriation headings in this Act. lic Law 97–91), for the purpose of implementing tember 30, 2002: Provided further, That upon ex- CERTIFICATES OF PARTICIPATION the Law to Legalize Lotteries, Daily Numbers piration of any such project authorization, the Games, and Bingo and Raffles for Charitable For lease payments in accordance with the funds provided herein for the project shall Purposes in the District of Columbia (D.C. Law Certificates of Participation involving the land lapse. site underlying the building located at One Ju- 3–172; D.C. Code, sec. 2–2501 et seq. and sec. 22– diciary Square, $7,950,000 from local funds. 1516 et seq.), $223,200,000: Provided, That the GENERAL PROVISIONS EC WILSON BUILDING District of Columbia shall identify the source of S . 101. Whenever in this Act, an amount is funding for this appropriation title from the specified within an appropriation for particular For expenses associated with the John A. Wil- District’s own locally generated revenues: Pro- purposes or objects of expenditure, such son Building, $8,409,000. vided further, That no revenues from Federal amount, unless otherwise specified, shall be con- OPTICAL AND DENTAL INSURANCE PAYMENTS sources shall be used to support the operations sidered as the maximum amount that may be ex- For optical and dental insurance payments, or activities of the Lottery and Charitable pended for said purpose or object rather than an $2,675,000 from local funds. Games Control Board. amount set apart exclusively therefor. MANAGEMENT SUPERVISORY SERVICE SPORTS AND ENTERTAINMENT COMMISSION SEC. 102. Appropriations in this Act shall be available for expenses of travel and for the pay- For management supervisory service, For the Sports and Entertainment Commis- ment of dues of organizations concerned with $13,200,000 from local funds, to be transferred by sion, $10,968,000 from other funds: Provided, the work of the District of Columbia govern- the Mayor of the District of Columbia among That the Mayor shall submit a budget for the ment, when authorized by the Mayor: Provided, the various appropriation headings in this Act Armory Board for the forthcoming fiscal year as That in the case of the Council of the District of for which employees are properly payable. required by section 442(b) of the District of Co- Columbia, funds may be expended with the au- lumbia Home Rule Act (87 Stat. 824; Public Law TOBACCO SETTLEMENT TRUST FUND TRANSFER thorization of the chair of the Council. 93–198; D.C. Code, sec. 47–301(b)). PAYMENT SEC. 103. There are appropriated from the ap- There is transferred $61,406,000 to the Tobacco DISTRICT OF COLUMBIA HEALTH AND HOSPITALS plicable funds of the District of Columbia such Settlement Trust Fund established pursuant to PUBLIC BENEFIT CORPORATION sums as may be necessary for making refunds section 2302 of the Tobacco Settlement Trust For the District of Columbia Health and Hos- and for the payment of judgments that have Fund Establishment Act of 1999, effective Octo- pitals Public Benefit Corporation, established by been entered against the District of Columbia ber 20, 1999 (D.C. Law 13–38; to be codified at D.C. Law 11–212; D.C. Code, sec. 32–262.2, government: Provided, That nothing contained

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in this section shall be construed as modifying SEC. 111. Notwithstanding any other provi- includes an independent agency of the District or affecting the provisions of section 11(c)(3) of sions of law, the provisions of the District of Co- of Columbia. title XII of the District of Columbia Income and lumbia Government Comprehensive Merit Per- (d) This section shall not apply to the District Franchise Tax Act of 1947 (70 Stat. 78; Public sonnel Act of 1978 (D.C. Law 2–139; D.C. Code, of Columbia Board of Education, which may, Law 84–460; D.C. Code, sec. 47–1812.11(c)(3)). sec. 1–601.1 et seq.), enacted pursuant to section pursuant to the laws and regulations of the Dis- SEC. 104. No funds appropriated in this Act 422(3) of the District of Columbia Home Rule Act trict of Columbia, accept and use gifts to the for the District of Columbia government for the (87 Stat. 790; Public Law 93–198; D.C. Code, sec. public schools without prior approval by the operation of educational institutions, the com- 1–242(3)), shall apply with respect to the com- Mayor. pensation of personnel, or for other educational pensation of District of Columbia employees: SEC. 117. None of the Federal funds provided purposes may be used to permit, encourage, fa- Provided, That for pay purposes, employees of in this Act may be used by the District of Co- cilitate, or further partisan political activities. the District of Columbia government shall not be lumbia to provide for salaries, expenses, or other Nothing herein is intended to prohibit the avail- subject to the provisions of title 5, United States costs associated with the offices of United States ability of school buildings for the use of any Code. Senator or United States Representative under community or partisan political group during SEC. 112. No later than 30 days after the end section 4(d) of the District of Columbia State- non-school hours. of the first quarter of the fiscal year ending Sep- hood Constitutional Convention Initiatives of SEC. 105. None of the funds appropriated in tember 30, 2001, the Mayor of the District of Co- 1979 (D.C. Law 3–171; D.C. Code, sec. 1–113(d)). this Act shall be made available to pay the sal- lumbia shall submit to the Council of the Dis- SEC. 118. REPORTING REQUIREMENTS FOR THE ary of any employee of the District of Columbia trict of Columbia the new fiscal year 2001 rev- DISTRICT OF COLUMBIA PUBLIC SCHOOLS AND government whose name, title, grade, salary, enue estimates as of the end of the first quarter THE UNIVERSITY OF THE DISTRICT OF COLUMBIA. past work experience, and salary history are not of fiscal year 2001. These estimates shall be used (a) The Superintendent of the District of Colum- available for inspection by the House and Sen- in the budget request for the fiscal year ending bia Public Schools [DCPS] and the University of the District of Columbia [UDC] shall each sub- ate Committees on Appropriations, the Sub- September 30, 2002. The officially revised esti- mit to the Committees on Appropriations of the committee on the District of Columbia of the mates at midyear shall be used for the midyear House of Representatives and Senate, the Com- House Committee on Government Reform, the report. mittee on Government Reform of the House of Subcommittee on Oversight of Government Man- SEC. 113. No sole source contract with the Dis- agement, Restructuring and the District of Co- trict of Columbia government or any agency Representatives, and the Committee on Govern- lumbia of the Senate Committee on Govern- thereof may be renewed or extended without mental Affairs of the Senate no later than 15 mental Affairs, and the Council of the District opening that contract to the competitive bidding calendar days after the end of each quarter a of Columbia, or their duly authorized represent- process as set forth in section 303 of the District report that sets forth— (1) current quarter expenditures and obliga- ative. of Columbia Procurement Practices Act of 1985 tions, year-to-date expenditures and obligations, SEC. 106. There are appropriated from the ap- (D.C. Law 6–85; D.C. Code, sec. 1–1183.3), except plicable funds of the District of Columbia such and total fiscal year expenditure projections that the District of Columbia government or any versus budget broken out on the basis of control sums as may be necessary for making payments agency thereof may renew or extend sole source authorized by the District of Columbia Revenue center, responsibility center, and object class, contracts for which competition is not feasible and for all funds, non-appropriated funds, and Recovery Act of 1977 (D.C. Law 2–20; D.C. Code, or practical: Provided, That the determination sec. 47–421 et seq.). capital financing; as to whether to invoke the competitive bidding (2) a list of each account for which spending SEC. 107. No part of this appropriation shall process has been made in accordance with duly is frozen and the amount of funds frozen, bro- be used for publicity or propaganda purposes or promulgated rules and procedures and said de- ken out by control center, responsibility center, implementation of any policy including boycott termination has been reviewed and approved by detailed object, and for all funding sources; designed to support or defeat legislation pending the District of Columbia Financial Responsi- (3) a list of all active contracts in excess of before Congress or any State legislature. bility and Management Assistance Authority. $10,000 annually, which contains the name of SEC. 108. At the start of the fiscal year, the SEC. 114. For purposes of the Balanced Budget each contractor; the budget to which the con- Mayor shall develop an annual plan, by quarter and Emergency Deficit Control Act of 1985 (99 tract is charged, broken out on the basis of con- and by project, for capital outlay borrowings: Stat. 1037; Public Law 99–177), the term ‘‘pro- trol center, responsibility center, and agency re- Provided, That within a reasonable time after gram, project, and activity’’ shall be synony- porting code; and contract identifying codes the close of each quarter, the Mayor shall report mous with and refer specifically to each account used by DCPS and UDC; payments made in the to the Council of the District of Columbia and appropriating Federal funds in this Act, and last quarter and year-to-date, the total amount the Congress the actual borrowings and spend- any sequestration order shall be applied to each of the contract and total payments made for the ing progress compared with projections. of the accounts rather than to the aggregate contract and any modifications, extensions, re- SEC. 109. None of the funds provided under total of those accounts: Provided, That seques- newals; and specific modifications made to each this Act to the agencies funded by this Act, both tration orders shall not be applied to any ac- contract in the last month; Federal and District government agencies, that count that is specifically exempted from seques- (4) all reprogramming requests and reports remain available for obligation or expenditure in tration by the Balanced Budget and Emergency that are required to be, and have been, sub- fiscal year 2001, or provided from any accounts Deficit Control Act of 1985. mitted to the Board of Education; and in the Treasury of the United States derived by SEC. 115. In the event a sequestration order is (5) all reprogramming requests and reports the collection of fees available to the agencies issued pursuant to the Balanced Budget and that have been made by UDC within the last funded by this Act, shall be available for obliga- Emergency Deficit Control Act of 1985 (99 Stat. quarter in compliance with applicable law; and tion or expenditure for an agency through a re- 1037; Public Law 99–177), after the amounts ap- (6) changes made in the last quarter to the or- programming or inter-appropriation transfer of propriated to the District of Columbia for the ganizational structure of DCPS and UDC, dis- funds which: (1) creates new programs; (2) fiscal year involved have been paid to the Dis- playing for each entity previous and current eliminates a program, project, or responsibility trict of Columbia, the Mayor of the District of control centers and responsibility centers, the center; (3) establishes or changes allocations Columbia shall pay to the Secretary of the names of the organizational entities that have specifically denied, limited or increased by Con- Treasury, within 15 days after receipt of a re- been changed, the name of the staff member su- gress in this Act; (4) increases funds or per- quest therefor from the Secretary of the Treas- pervising each entity affected, and the reasons sonnel by any means for any program, project, ury, such amounts as are sequestered by the for the structural change. or responsibility center for which funds have order: Provided, That the sequestration percent- (b) The Superintendent of DCPS and UDC been denied or restricted; (5) reestablishes age specified in the order shall be applied pro- shall annually compile an accurate and through reprogramming any program or project portionately to each of the Federal appropria- verifiable report on the positions and employees previously deferred through reprogramming; (6) tion accounts in this Act that are not specifi- in the public school system and the university, augments existing programs, projects, or respon- cally exempted from sequestration by such Act. respectively. The annual report shall— sibility centers through a reprogramming of SEC. 116. (a) An entity of the District of Co- (1) set forth the number of validated schedule funds in excess of $1,000,000 or 10 percent, lumbia government may accept and use a gift or A positions in the District of Columbia public whichever is less; (7) increases by 20 percent or donation during fiscal year 2001 if— schools and UDC for fiscal year 2001, and there- more personnel assigned to a specific program, (1) the Mayor approves the acceptance and after on full-time equivalent basis, including a project, or responsibility center; or (8) transfers use of the gift or donation: Provided, That the compilation of all positions by control center, re- an amount from one appropriation to another as Council of the District of Columbia may accept sponsibility center, funding source, position long as the amount transferred shall not exceed and use gifts without prior approval by the type, position title, pay plan, grade, and annual 2 percent of the local funds in the appropria- Mayor; and salary; tion; unless the Appropriations Committees of (2) the entity uses the gift or donation to (2) set forth a compilation of all employees in both the Senate and House of Representatives carry out its authorized functions or duties. the District of Columbia public schools and UDC are notified in writing 30 days in advance of (b) Each entity of the District of Columbia as of the preceding December 31, verified as to any reprogramming or inter-appropriation government shall keep accurate and detailed its accuracy in accordance with the functions transfer as set forth in this section. records of the acceptance and use of any gift or that each employee actually performs, by con- SEC. 110. Consistent with the provisions of 31 donation under subsection (a) of this section, trol center, responsibility center, agency report- U.S.C. 1301(a), appropriations under this Act and shall make such records available for audit ing code, program (including funding source), shall be applied only to the objects for which and public inspection. activity, location for accounting purposes, job the appropriations were made except as other- (c) For the purposes of this section, the term title, grade and classification, annual salary, wise provided by law. ‘‘entity of the District of Columbia government’’ and position control number; and

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00132 Fmt 4624 Sfmt 6333 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9537 (3) be submitted to the Congress, the Mayor, governmental benefits to such couples on the or other court-appointed official during fiscal the District of Columbia Council, the Consensus same basis that such benefits are extended to le- year 2001 or any succeeding fiscal year, the re- Commission, and the Authority, not later than gally married couples. ceiver or official shall prepare and submit to the February 15 of each year. SEC. 123. The District of Columbia Financial Mayor, for inclusion in the annual budget of (c) No later than November 1, 2000, or within Responsibility and Management Assistance Au- the District of Columbia for the year, annual es- 30 calendar days after the date of the enactment thority, acting on behalf of the District of Co- timates of the expenditures and appropriations of this Act, whichever occurs later, and each lumbia Public Schools (DCPS) in formulating necessary for the maintenance and operation of succeeding year, the Superintendent of DCPS the DCPS budget, the Board of Trustees of the the department or agency. All such estimates and UDC shall submit to the appropriate con- University of the District of Columbia, the shall be forwarded by the Mayor to the Council, gressional committees, the Mayor, the District of Board of Library Trustees, and the Board of for its action pursuant to sections 446 and 603(c) Columbia Council, the Consensus Commission, Governors of the University of the District of of the District of Columbia Home Rule Act, and the District of Columbia Financial Respon- Columbia School of Law shall vote on and ap- without revision but subject to the Mayor’s rec- sibility and Management Assistance Authority, prove the respective annual or revised budgets ommendations. Notwithstanding any provision a revised appropriated funds operating budget for such entities before submission to the Mayor of the District of Columbia Home Rule Act (87 for the public school system and UDC for such of the District of Columbia for inclusion in the Stat. 774; Public Law 93–198), the Council may fiscal year: (1) that is in the total amount of the Mayor’s budget submission to the Council of the comment or make recommendations concerning approved appropriation and that realigns budg- District of Columbia in accordance with section such annual estimates but shall have no author- eted data for personal services and other-than- 442 of the District of Columbia Home Rule Act ity under such Act to revise such estimates. personal services, respectively, with anticipated (Public Law 93–198; D.C. Code, sec. 47–301), or SEC. 126. (a) RESTRICTIONS ON USE OF OFFI- actual expenditures; and (2) that is in the for- before submitting their respective budgets di- CIAL VEHICLES.—Except as otherwise provided mat of the budget that the Superintendent of rectly to the Council. in this section, none of the funds made available DCPS and UDC submit to the Mayor of the Dis- SEC. 124. (a) ACCEPTANCE AND USE OF GRANTS by this Act or by any other Act may be used to trict of Columbia for inclusion in the Mayor’s NOT INCLUDED IN CEILING.— provide any officer or employee of the District of budget submission to the Council of the District (1) IN GENERAL.—Notwithstanding any other Columbia with an official vehicle unless the of- of Columbia pursuant to section 442 of the Dis- provision of this Act, the Mayor, in consultation ficer or employee uses the vehicle only in the trict of Columbia Home Rule Act (Public Law with the Chief Financial Officer, during a con- performance of the officer’s or employee’s offi- 93–198; D.C. Code, sec. 47–301). trol year, as defined in section 305(4) of the Dis- cial duties. For purposes of this paragraph, the SEC. 119. Funds authorized or previously ap- trict of Columbia Financial Responsibility and term ‘‘official duties’’ does not include travel be- propriated to the government of the District of Management Assistance Act of 1995 (Public Law tween the officer’s or employee’s residence and Columbia by this or any other Act to procure 104–8; 109 Stat. 152), may accept, obligate, and workplace (except: (1) in the case of an officer the necessary hardware and installation of new expend Federal, private, and other grants re- or employee of the Metropolitan Police Depart- software, conversion, testing, and training to ceived by the District government that are not ment who resides in the District of Columbia or improve or replace its financial management reflected in the amounts appropriated in this is otherwise designated by the Chief of the De- system are also available for the acquisition of Act. partment; (2) at the discretion of the Fire Chief, accounting and financial management services (2) REQUIREMENT OF CHIEF FINANCIAL OFFICER an officer or employee of the District of Colum- and the leasing of necessary hardware, software REPORT AND AUTHORITY APPROVAL.—No such bia Fire and Emergency Medical Services De- or any other related goods or services, as deter- Federal, private, or other grant may be accept- partment who resides in the District of Columbia mined by the District of Columbia Financial Re- ed, obligated, or expended pursuant to para- and is on call 24 hours a day; (3) the Mayor of sponsibility and Management Assistance Au- graph (1) until— the District of Columbia; and (4) the Chairman thority. (A) the Chief Financial Officer of the District of the Council of the District of Columbia). SEC. 120. (a) None of the funds contained in of Columbia submits to the Authority a report (b) INVENTORY OF VEHICLES.—The Chief Fi- this Act may be made available to pay the fees setting forth detailed information regarding nancial Officer of the District of Columbia shall of an attorney who represents a party who pre- such grant; and submit, by November 15, 2000, an inventory, as vails in an action or any attorney who defends (B) the Authority has reviewed and approved of September 30, 2000, of all vehicles owned, any action, including an administrative pro- the acceptance, obligation, and expenditure of leased or operated by the District of Columbia ceeding, brought against the District of Colum- such grant in accordance with review and ap- government. The inventory shall include, but bia Public Schools under the Individuals with proval procedures consistent with the provisions not be limited to, the department to which the Disabilities Education Act (20 U.S.C. 1400 et of the District of Columbia Financial Responsi- vehicle is assigned; the year and make of the ve- seq.) if— bility and Management Assistance Act of 1995. hicle; the acquisition date and cost; the general (1) the hourly rate of compensation of the at- (3) PROHIBITION ON SPENDING IN ANTICIPATION condition of the vehicle; annual operating and torney exceeds 250 percent of the hourly rate of OF APPROVAL OR RECEIPT.—No amount may be maintenance costs; current mileage; and wheth- compensation under section 11–2604(a), District obligated or expended from the general fund or er the vehicle is allowed to be taken home by a of Columbia Code; or other funds of the District government in antici- District officer or employee and if so, the officer (2) the maximum amount of compensation of pation of the approval or receipt of a grant or employee’s title and resident location. the attorney exceeds 250 percent of the max- under paragraph (2)(B) of this subsection or in SEC. 127. (a) SOURCE OF PAYMENT FOR EM- imum amount of compensation under section 11– anticipation of the approval or receipt of a Fed- PLOYEES DETAILED WITHIN GOVERNMENT.—For 2604(b)(1), District of Columbia Code, except eral, private, or other grant not subject to such purposes of determining the amount of funds ex- that compensation and reimbursement in excess paragraph. pended by any entity within the District of Co- of such maximum may be approved for extended (4) QUARTERLY REPORTS.—The Chief Finan- lumbia government during fiscal year 2001 and or complex representation in accordance with cial Officer of the District of Columbia shall pre- each succeeding fiscal year, any expenditures of section 11–2604(c), District of Columbia Code; pare a quarterly report setting forth detailed in- the District government attributable to any offi- and formation regarding all Federal, private, and cer or employee of the District government who (3) in no case may the compensation limits in other grants subject to this subsection. Each provides services which are within the authority paragraphs (1) and (2) exceed $2,500. such report shall be submitted to the Council of and jurisdiction of the entity (including any (b) Notwithstanding the preceding subsection, the District of Columbia, and to the Committees portion of the compensation paid to the officer if the Mayor and the Superintendent of the Dis- on Appropriations of the House of Representa- or employee attributable to the time spent in trict of Columbia Public Schools concur in a tives and the Senate, not later than 15 days providing such services) shall be treated as ex- Memorandum of Understanding setting forth a after the end of the quarter covered by the re- penditures made from the entity’s budget, with- new rate and amount of compensation, then port. out regard to whether the officer or employee is such new rates shall apply in lieu of the rates (b) REPORT ON EXPENDITURES BY FINANCIAL assigned to the entity or otherwise treated as an set forth in the preceding subsection to both the RESPONSIBILITY AND MANAGEMENT ASSISTANCE officer or employee of the entity. attorney who represents the prevailing party AUTHORITY.—Not later than 20 calendar days (b) MODIFICATION OF REDUCTION IN FORCE and the attorney who defends the action. after the end of each fiscal quarter starting Oc- PROCEDURES.—Section 2408 of the District of Co- SEC. 121. None of the funds appropriated tober 1, 1999, the Authority shall submit a report lumbia Government Comprehensive Merit Per- under this Act shall be expended for any abor- to the Committees on Appropriations of the sonnel Act of 1978, effective March 3, 1979 (D.C. tion except where the life of the mother would House of Representatives and the Senate, the Law 2–139; D.C. Code, sec. 1–625.7), is amended be endangered if the fetus were carried to term Committee on Government Reform of the House, as follows: or where the pregnancy is the result of an act and the Committee on Governmental Affairs of (a) Subsection (a) is amended by striking the of rape or incest. the Senate providing an itemized accounting of date ‘‘September 30, 2000’’ and inserting the SEC. 122. None of the funds made available in all non-appropriated funds obligated or ex- phrase ‘‘September 30, 2000, and each subse- this Act may be used to implement or enforce the pended by the Authority for the quarter. The re- quent fiscal year’’ in its place. Health Care Benefits Expansion Act of 1992 port shall include information on the date, (b) Subsection (b) is amended by striking the (D.C. Law 9–114; D.C. Code, sec. 36–1401 et seq.) amount, purpose, and vendor name, and a de- phrase ‘‘Prior to February 1, 2000’’ and insert- or to otherwise implement or enforce any system scription of the services or goods provided with ing the phrase ‘‘Prior to February 1 of each of registration of unmarried, cohabiting couples respect to the expenditures of such funds. year’’ in its place. (whether homosexual, heterosexual, or lesbian), SEC. 125. If a department or agency of the (c) Subsection (i) is amended by striking the including but not limited to registration for the government of the District of Columbia is under phrase ‘‘March 1, 2000’’ and inserting the purpose of extending employment, health, or the administration of a court-appointed receiver phrase ‘‘March 1 of each year’’ in its place.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00133 Fmt 4624 Sfmt 6333 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9538 CONGRESSIONAL RECORD — SENATE September 28, 2000 (d) Subsection (k) is amended by striking the Congress, the Mayor, and the District of Colum- ration of the 60-day period that begins on the phrase ‘‘September 1, 2000’’ and inserting the bia Financial Responsibility and Management date of the enactment of this Act, none of the phrase ‘‘September 1 of each year’’ in its place. Assistance Authority a revised appropriated funds contained in this Act may be used to enter SEC. 128. Notwithstanding any other provision funds operating budget in the format of the into a lease (or to make rental payments under of law, not later than 120 days after the date budget that the District of Columbia government such a lease) for the use of real property by the that a District of Columbia Public Schools submitted pursuant to section 442 of the District District of Columbia government (including any (DCPS) student is referred for evaluation or as- of Columbia Home Rule Act (Public Law 93–198; independent agency of the District) or to pur- sessment— D.C. Code, sec. 47–301), for all agencies of the chase real property for the use of the District of (1) the District of Columbia Board of Edu- District of Columbia government for such fiscal Columbia government (including any inde- cation, or its successor, and DCPS shall assess year that is in the total amount of the approved pendent agency of the District) or to manage or evaluate a student who may have a disability appropriation and that realigns all budgeted real property for the use of the District of Co- and who may require special education services; data for personal services and other-than-per- lumbia (including any independent agency of and sonal-services, respectively, with anticipated ac- the District) unless the following conditions are (2) if a student is classified as having a dis- tual expenditures. met: ability, as defined in section 101(a)(1) of the In- SEC. 133. (a) None of the funds contained in (1) The Mayor and Council of the District of dividuals with Disabilities Education Act (84 this Act may be used for any program of distrib- Columbia certify to the Committees on Appro- Stat. 175; 20 U.S.C. 1401(a)(1)) or in section 7(8) uting sterile needles or syringes for the hypo- priations of the House of Representatives and of the Rehabilitation Act of 1973 (87 Stat. 359; 29 dermic injection of any illegal drug. Senate that existing real property available to U.S.C. 706(8)), the Board and DCPS shall place (b) Any individual or entity who receives any the District (whether leased or owned by the that student in an appropriate program of spe- funds contained in this Act and who carries out District government) is not suitable for the pur- cial education services. any program described in subsection (a) shall poses intended. SEC. 129. (a) COMPLIANCE WITH BUY AMER- account for all funds used for such program sep- (2) Notwithstanding any other provisions of ICAN ACT.—None of the funds made available in arately from any funds contained in this Act. law, there is made available for sale or lease all this Act may be expended by an entity unless SEC. 134. (a) RESTRICTIONS ON LEASES.—Upon real property of the District of Columbia that the entity agrees that in expending the funds the expiration of the 60-day period that begins the Mayor from time-to-time determines is sur- the entity will comply with the Buy American on the date of the enactment of this Act, none plus to the needs of the District of Columbia, Act (41 U.S.C. 10a–10c). of the funds contained in this Act may be used unless a majority of the members of the Council (b) SENSE OF THE CONGRESS; REQUIREMENT to make rental payments under a lease for the override the Mayor’s determination during the REGARDING NOTICE.— use of real property by the District of Columbia 30-day period which begins on the date the de- (1) PURCHASE OF AMERICAN-MADE EQUIPMENT government (including any independent agency termination is published. AND PRODUCTS.—In the case of any equipment of the District) unless the lease and an abstract (3) The Mayor and Council implement a pro- or product that may be authorized to be pur- of the lease have been filed (by the District of gram for the periodic survey of all District prop- chased with financial assistance provided using Columbia or any other party to the lease) with erty to determine if it is surplus to the needs of funds made available in this Act, it is the sense the central office of the Deputy Mayor for Eco- the District. of the Congress that entities receiving the assist- nomic Development, in an indexed registry (4) The Mayor and Council within 60 days of ance should, in expending the assistance, pur- available for public inspection. the date of the enactment of this Act have filed chase only American-made equipment and prod- (b) ADDITIONAL RESTRICTIONS ON CURRENT with the Committees on Appropriations of the ucts to the greatest extent practicable. LEASES.— House of Representatives and Senate, the Com- (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In (1) IN GENERAL.—Upon the expiration of the mittee on Government Reform of the House of providing financial assistance using funds made 60-day period that begins on the date of the en- Representatives, and the Committee on Govern- available in this Act, the head of each agency of actment of this Act, in the case of a lease de- mental Affairs of the Senate a report which pro- the Federal or District of Columbia government scribed in paragraph (3), none of the funds con- vides a comprehensive plan for the management shall provide to each recipient of the assistance tained in this Act may be used to make rental of District of Columbia real property assets, and a notice describing the statement made in para- payments under the lease unless the lease is in- are proceeding with the implementation of the graph (1) by the Congress. cluded in periodic reports submitted by the plan. (c) PROHIBITION OF CONTRACTS WITH PERSONS Mayor and Council of the District of Columbia (b) TERMINATION OF PROVISIONS.—If the Dis- FALSELY LABELING PRODUCTS AS MADE IN to the Committees on Appropriations of the trict of Columbia enacts legislation to reform the AMERICA.—If it has been finally determined by House of Representatives and Senate describing practices and procedures governing the entering a court or Federal agency that any person infor each such lease the following information: into of leases for the use of real property by the tentionally affixed a label bearing a ‘‘Made in (A) The location of the property involved, the District of Columbia government and the dis- America’’ inscription, or any inscription with name of the owners of record according to the position of surplus real property of the District the same meaning, to any product sold in or land records of the District of Columbia, the government, the provisions of subsection (a) shipped to the United States that is not made in name of the lessors according to the lease, the shall cease to be effective upon the effective date the United States, the person shall be ineligible rate of payment under the lease, the period of of the legislation. to receive any contract or subcontract made time covered by the lease, and the conditions SEC. 136. CERTIFICATION.—None of the funds with funds made available in this Act, pursuant under which the lease may be terminated. contained in this Act may be used after the ex- to the debarment, suspension, and ineligibility (B) The extent to which the property is or is piration of the 60-day period that begins on the procedures described in sections 9.400 through not occupied by the District of Columbia govern- date of the enactment of this Act to pay the sal- 9.409 of title 48, Code of Federal Regulations. ment as of the end of the reporting period in- ary of any chief financial officer of any office SEC. 130. None of the funds contained in this volved. of the District of Columbia government (includ- Act may be used for purposes of the annual (C) If the property is not occupied and uti- ing any independent agency of the District) who independent audit of the District of Columbia lized by the District government as of the end of has not filed a certification with the Mayor and government (including the District of Columbia the reporting period involved, a plan for occu- the Chief Financial Officer of the District of Co- Financial Responsibility and Management As- pying and utilizing the property (including con- lumbia that the officer understands the duties sistance Authority) for fiscal year 2001 unless— struction or renovation work) or a status state- and restrictions applicable to the officer and (1) the audit is conducted by the Inspector ment regarding any efforts by the District to ter- their agency as a result of this Act. General of the District of Columbia pursuant to minate or renegotiate the lease. SEC. 137. The proposed budget of the govern- section 208(a)(4) of the District of Columbia Pro- (2) TIMING OF REPORTS.—The reports de- ment of the District of Columbia for fiscal year curement Practices Act of 1985 (D.C. Code, sec. scribed in paragraph (1) shall be submitted for 2002 that is submitted by the District to Congress 1–1182.8(a)(4)); and each calendar quarter (beginning with the quar- shall specify potential adjustments that might (2) the audit includes a comparison of audited ter ending December 31, 2000) not later than 20 become necessary in the event that the oper- actual year-end results with the revenues sub- days after the end of the quarter involved, plus ational improvements savings and management mitted in the budget document for such year an initial report submitted not later than 60 reform savings achieved by the District during and the appropriations enacted into law for days after the date of the enactment of this Act, the year do not meet the level of management such year. which shall provide information as of the date savings projected by the District under the pro- SEC. 131. None of the funds contained in this of the enactment of this Act. posed budget. Act may be used by the District of Columbia (3) LEASES DESCRIBED.—A lease described in SEC. 138. In submitting any document showing Corporation Counsel or any other officer or en- this paragraph is a lease in effect as of the date the budget for an office of the District of Colum- tity of the District government to provide assist- of the enactment of this Act for the use of real bia government (including an independent ance for any petition drive or civil action which property by the District of Columbia government agency of the District) that contains a category seeks to require Congress to provide for voting (including any independent agency of the Dis- of activities labeled as ‘‘other’’, ‘‘miscella- representation in Congress for the District of trict) which is not being occupied by the District neous’’, or a similar general, nondescriptive Columbia. government (including any independent agency term, the document shall include a description SEC. 132. No later than November 1, 2000, or of the District) as of such date or during the 60- of the types of activities covered in the category within 30 calendar days after the date of the en- day period which begins on the date of the en- and a detailed breakdown of the amount allo- actment of this Act, whichever occurs later, the actment of this Act. cated for each such activity. Chief Financial Officer of the District of Colum- SEC. 135. (a) MANAGEMENT OF EXISTING DIS- SEC. 139. (a) None of the funds contained in bia shall submit to the appropriate committees of TRICT GOVERNMENT PROPERTY.—Upon the expi- this Act may be used to enact or carry out any

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00134 Fmt 4624 Sfmt 6333 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9539

law, rule, or regulation to legalize or otherwise ‘‘(3) AUTHORITY.—Upon adoption of the fi- and non-governmental interest-bearing securi- reduce penalties associated with the possession, nancial management policy under paragraph ties and accounts. use, or distribution of any schedule I substance (2), the Council shall immediately submit the ‘‘(21) Administering the centralized District under the Controlled Substances Act (21 U.S.C. policy to the District of Columbia Financial Re- government payroll and retirement systems. 802) or any tetrahydrocannabinols derivative. sponsibility and Management Assistance Au- ‘‘(22) Governing the accounting policies and (b) The Legalization of Marijuana for Medical thority for a review of not to exceed 30 days. systems applicable to the District government. Treatment Initiative of 1998, also known as Ini- ‘‘(4) CONGRESS.—Following review of the fi- ‘‘(23) Preparing appropriate annual, quar- tiative 59, approved by the electors of the Dis- nancial management policy by the Authority terly, and monthly financial reports of the ac- trict of Columbia on November 3, 1998, shall not under paragraph (3), the Authority shall submit counting and financial operations of the Dis- take effect. the policy to the Committees on Appropriations trict government. SEC. 140. Nothing in this Act bars the District of the Senate and House of Representatives, the ‘‘(24) Not later than 120 days after the end of of Columbia Corporation Counsel from review- Committee on Government Reform of the House each fiscal year, preparing the complete finan- ing or commenting on briefs in private lawsuits, of Representatives, and the Committee on Gov- cial statement and report on the activities of the or from consulting with officials of the District ernmental Affairs of the Senate for review and District government for such fiscal year, for the government regarding such lawsuits. the policy shall take effect 30 days after the use of the Mayor under section 448(a)(4).’’. SEC. 141. (a) Nothing in the Federal Grant date the policy is submitted under this para- (2) CONFORMING AMENDMENTS.—Section 424 of and Cooperative Agreements Act of 1977 (31 graph.’’. such Act (sec. 47–317.1 et seq., D.C. Code) is U.S.C. 6301 et seq.) may be construed to prohibit (b) EFFECTIVE DATE.—This section and the amended— the Administrator of the Environmental Protec- amendments made by this section shall take ef- (A) by striking subsection (d); tion Agency from negotiating and entering into fect on October 1, 2000. (B) in subsection (e)(2), by striking ‘‘or subsection (d)’’; and cooperative agreements and grants authorized APPOINTMENT AND DUTIES OF CHIEF FINANCIAL (C) by redesignating subsections (e) and (f) as by law which affect real property of the Federal OFFICER Government in the District of Columbia if the subsections (d) and (e), respectively. SEC. 143. (a) APPOINTMENT AND DISMISSAL.— SEC. 144. (a) Notwithstanding the provisions principal purpose of the cooperative agreement Section 424(b) of the District of Columbia Home of the District of Columbia Government Com- or grant is to provide comparable benefits for Rule Act (sec. 47–317.2, D.C. Code) is amended— prehensive Merit Personnel Act of 1978 (D.C. Federal and non-Federal properties in the Dis- (1) in paragraph (1)(B), by adding at the end Law 2–139; D.C. Code 1–601.1 et seq.), or any trict of Columbia. the following: ‘‘Upon confirmation by the Coun- other District of Columbia law, statute, regula- (b) Subsection (a) shall apply with respect to cil, the name of the Chief Financial Officer tion, the provisions of the District of Columbia fiscal year 2001 and each succeeding fiscal year. shall be submitted to the Committees on Appro- Personnel Manual, or the provisions of any col- SEC. 142. (a) IN GENERAL.—The District of Co- priations of the Senate and House of Represent- lective bargaining agreement, employees of the lumbia Home Rule Act is amended by inserting atives, the Committee on Governmental Affairs District of Columbia government will only re- after section 450 the following: of the Senate, and the Committee on Govern- ceive compensation for overtime work in excess ‘‘COMPREHENSIVE FINANCIAL MANAGEMENT ment Reform of the House of Representatives for of 40 hours per week (or other applicable tour of POLICY a 30-day period of review and comment before duty) of work actually performed, in accordance ‘‘SEC. 450B. (a) COMPREHENSIVE FINANCIAL the appointment takes effect.’’; and with the provisions of the Fair Labor Standards MANAGEMENT POLICY.—The District of Colum- (2) in paragraph (2)(B), by striking the period Act, 29 U.S.C. § 201 et seq. bia shall conduct its financial management in at the end and inserting the following: ‘‘upon (b) Subsection (a) of this section shall be effec- accordance with a comprehensive financial dismissal by the Mayor and approval of that tive December 27, 1996. The Resolution and management policy. dismissal by a 2⁄3 vote of the Council of the Dis- Order of the District of Columbia Financial Re- ‘‘(b) CONTENTS OF POLICY.—The comprehen- trict of Columbia. Upon approval of the dis- sponsibility and Management Assistance Au- sive financial management policy shall include, missal by the Council, notice of the dismissal thority, dated December 27, 1996, is hereby rati- but not be limited to, the following: shall be submitted to the Committees on Appro- fied and approved and shall be given full force ‘‘(1) A cash management policy. priations of the Senate and House of Represent- and effect. ‘‘(2) A debt management policy. atives, the Committee on Governmental Affairs SEC. 145. (a) IN GENERAL.—Notwithstanding ‘‘(3) A financial asset management policy. of the Senate, and the Committee on Govern- section 503 of Public Law 100–71 and as provided ‘‘(4) A contingency reserve management policy ment Reform of the House of Representatives for in subsection (b), the Court Services and Of- in accordance with section 450A(a)(3). a 30-day period of review and comment before fender Supervision Agency for the District of ‘‘(5) An emergency reserve management policy the dismissal takes effect.’’. Columbia (in this section referred to as the in accordance with section 450A(b)(3). (b) FUNCTIONS.— ‘‘agency’’) may implement and administer the ‘‘(6) A policy for determining real property tax (1) IN GENERAL.—Section 424(c) of such Act Drug Free Workplace Program of the agency, exemptions for the District of Columbia. (sec. 47–317.3, D.C. Code) is amended— dated July 28, 2000, for employment applicants ‘‘(c) ANNUAL REVIEW.—The comprehensive fi- (A) in the heading, by striking ‘‘DURING A of the agency. nancial management policy shall be reviewed at CONTROL YEAR’’; (b) EFFECTIVE PERIOD.—The waiver provided the end of each fiscal year by the Chief Finan- (B) in the matter preceding paragraph (1), by by subsection (a) shall— cial Officer who shall— striking ‘‘During a control year, the Chief Fi- (1) take effect on enactment; and ‘‘(1) not later than July 1 of each year, submit nancial Officer’’ and inserting ‘‘The Chief Fi- (2) terminate on the date the Department of any proposed changes in the policy to the nancial Officer’’; Health and Human Services approves the drug Mayor for review and the District of Columbia (C) in paragraph (1), by striking ‘‘Preparing’’ program of the agency pursuant to section 503 Financial Responsibility and Management As- and inserting ‘‘During a control year, pre- of Public Law 100–71 or 12 months after the date sistance Authority (in a control year); paring’’; referred to in paragraph (1), whichever is later. ‘‘(2) not later than August 1 of each year, (D) in paragraph (3), by striking ‘‘Assuring’’ SEC. 146. The Mayor of the District of Colum- after consideration of any comments received and inserting ‘‘During a control year, assur- bia shall submit quarterly reports to the Senate under paragraph (1), submit the changes to the ing’’; Committees on Appropriations and Govern- Council of the District of Columbia for approval; (E) in paragraph (5), by striking ‘‘With the mental Affairs, commencing October 1, 2000, ad- and Approval’’ and all that follows through ‘‘the dressing the following issues: (1) crime, includ- ‘‘(3) not later than September 1 of each year, Council—’’ and inserting ‘‘Preparing and sub- ing the homicide rate, implementation of com- notify the Committees on Appropriations of the mitting to the Mayor and the Council, with the munity policing, the number of police officers on Senate and House of Representatives, the Com- approval of the Authority during a control local beats, and the closing down of open-air mittee on Government Reform of the House of year—’’; drug markets; (2) access to drug abuse treat- Representatives, and the Committee on Govern- (F) in paragraph (11), by striking ‘‘or the Au- ment, including the number of treatment slots, mental Affairs of the Senate of any changes en- thority’’ and inserting ‘‘(or by the Authority the number of people served, the number of peo- acted by the Council of the District of Columbia. during a control year)’’; and ple on waiting lists, and the effectiveness of ‘‘(d) PROCEDURE FOR DEVELOPMENT OF FIRST (G) by adding at the end the following new treatment programs; (3) management of parolees COMPREHENSIVE FINANCIAL MANAGEMENT POL- paragraphs: and pre-trial violent offenders, including the ICY.— ‘‘(18) Exercising responsibility for the adminis- number of halfway house escapes and steps ‘‘(1) CFO.—Not later than April 1, 2001, the tration and supervision of the District of Colum- taken to improve monitoring and supervision of Chief Financial Officer shall submit to the bia Treasurer (except that the Chief Financial halfway house residents to reduce the number of Mayor an initial proposed comprehensive finan- Officer may delegate any portion of such re- escapes to be provided in consultation with the cial management policy for the District of Co- sponsibility as the Chief Financial Officer con- Court Services and Offender Supervision Agen- lumbia pursuant to section 450B of the District siders appropriate and consistent with effi- cy; (4) education, including access to special of Columbia Home Rule Act. ciency). education services and student achievement to ‘‘(2) COUNCIL.—Following review and com- ‘‘(19) Administering all borrowing programs of be provided in consultation with the District of ment by the Mayor, not later than May 1, 2001, the District government for the issuance of long- Columbia Public Schools; (5) improvement in the Chief Financial Officer shall submit the pro- term and short-term indebtedness. basic District services, including rat control and posed financial management policy to the Coun- ‘‘(20) Administering the cash management abatement; (6) application for and management cil of the District of Columbia for its prompt reprogram of the District government, including of Federal grants, including the number and view and adoption. the investment of surplus funds in governmental type of grants for which the District was eligible

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00135 Fmt 4624 Sfmt 6333 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9540 CONGRESSIONAL RECORD — SENATE September 28, 2000 but failed to apply and the number and type of allocation on the balance and integrity of the secutive months (based on a 2 month rolling av- grants awarded to the District but which the emergency reserve fund; and erage) that are 5 percent or more below the District failed to spend the amounts received; ‘‘(B) with respect to fiscal years beginning budget forecast. and (7) indicators of child well-being. with fiscal year 2005, the contingency reserve ‘‘(C) The contingency reserve fund may not be RESERVE FUNDS fund established by subsection (b) has been pro- used to fund any shortfalls in any projected re- SEC. 147. (a) ESTABLISHMENT OF RESERVE jected by the Chief Financial Officer to be ex- ductions which are included in the budget pro- FUNDS.— hausted at the time of the allocation. posed by the District of Columbia for the fiscal (1) IN GENERAL.—The District of Columbia ‘‘(6) NOTICE.—The Mayor, the Council, and year. Home Rule Act is amended by inserting after (in the case of a fiscal year which is a control ‘‘(5) ALLOCATION OF CONTINGENCY CASH RE- section 450 the following new section: year, as defined in section 305(4) of the District SERVE.—Funds may be allocated from the con- of Columbia Financial Responsibility and Man- tingency reserve fund only after an analysis has ‘‘RESERVE FUNDS agement Assistance Act of 1995) the District of been prepared by the Chief Financial Officer of ‘‘SEC. 450A. (a) EMERGENCY RESERVE FUND.— Columbia Financial Responsibility and Manage- the availability of other sources of funding to ‘‘(1) IN GENERAL.—There is established an ment Assistance Authority shall notify the Com- carry out the purposes of the allocation and the emergency cash reserve fund (in this subsection mittees on Appropriations of the Senate and impact of such allocation on the balance and in- referred to as the ‘emergency reserve fund’) as House of Representatives in writing not more tegrity of the contingency reserve fund. an interest-bearing account (separate from other than 30 days after the expenditure of funds from ‘‘(6) REPLENISHMENT.—The District of Colum- accounts in the General Fund) into which the the emergency reserve fund. bia shall appropriate sufficient funds each fiscal Mayor shall deposit in cash not later than Feb- ‘‘(7) REPLENISHMENT.—The District of Colum- year in the budget process to replenish any ruary 15 of each fiscal year (or not later than bia shall appropriate sufficient funds each fiscal amounts allocated from the contingency reserve October 1, 2000, in the case of fiscal year 2001) year in the budget process to replenish any fund during the preceding fiscal year by the fol- such amount as may be required to maintain a amounts allocated from the emergency reserve lowing fiscal year. Once the contingency reserve balance in the fund of at least 4 percent of the fund during the preceding fiscal year by the fol- equals 3 percent of total funds appropriated for total budget appropriated for operating expendi- lowing fiscal year. Once the emergency reserve operating expenditures, the District of Columbia tures for such fiscal year which is derived from equals 4 percent of total budget appropriated for shall appropriate sufficient funds each fiscal local funds (or, in the case of fiscal years prior operating expenditures for the fiscal year, the year in the budget process to replenish any to fiscal year 2004, such amount as may be re- District of Columbia shall appropriate sufficient amounts allocated from the contingency reserve quired to maintain a balance in the fund of at funds each fiscal year in the budget process to fund during the preceding year to maintain a least the minimum emergency reserve balance replenish any amounts allocated from the emer- balance of at least 3 percent of total funds ap- for such fiscal year, as determined under para- gency reserve fund during the preceding year to propriated for operating expenditures by the fol- graph (2)). maintain a balance of at least 4 percent of total lowing fiscal year. ‘‘(2) DETERMINATION OF MINIMUM EMERGENCY funds appropriated for operating expenditures ‘‘(c) QUARTERLY REPORTS.—The Chief Finan- RESERVE BALANCE.— by the following fiscal year. cial Officer shall submit a quarterly report to ‘‘(A) IN GENERAL.—The ‘minimum emergency ‘‘(b) CONTINGENCY RESERVE FUND.— the Mayor, the Council, the District of Columbia reserve balance’ with respect to a fiscal year is ‘‘(1) IN GENERAL.—There is established a con- Financial Responsibility and Management As- the amount equal to the applicable percentage tingency cash reserve fund (in this subsection sistance Authority (in the case of a fiscal year of the total budget appropriated for operating referred to as the ‘contingency reserve fund’) as which is a control year, as defined in section expenditures for such fiscal year which is dean interest-bearing account (separate from other 305(4) of the District of Columbia Financial Re- rived from local funds. accounts in the General Fund) into which the sponsibility and Management Assistance Act of ‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In Mayor shall deposit in cash not later than Octo- 1995), and the Committees on Appropriations of subparagraph (A), the ‘applicable percentage’ ber 1 of each fiscal year (beginning with fiscal the Senate and House of Representatives that with respect to a fiscal year means the fol- year 2005) such amount as may be required to includes a monthly statement on the balance lowing: maintain a balance in the fund of at least 3 per- and activities of the contingency and emergency ‘‘(i) For fiscal year 2001, 1 percent. cent of the total budget appropriated for oper- reserve funds.’’. ‘‘(ii) For fiscal year 2002, 2 percent. ating expenditures for such fiscal year which is ‘‘(iii) For fiscal year 2003, 3 percent. (2) CLERICAL AMENDMENT.—The table of con- derived from local funds (or, in the case of fiscal tents for the District of Columbia Home Rule Act ‘‘(3) INTEREST.—Interest earned on the emer- years prior to fiscal year 2007, such amount as gency reserve fund shall remain in the account is amended by inserting after the item relating may be required to maintain a balance in the to section 450 the following new item: and shall only be withdrawn in accordance with fund of at least the minimum contingency re- paragraph (4). serve balance for such fiscal year, as determined ‘‘Sec. 450A. Reserve funds.’’. ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN EMER- under paragraph (2)). (b) CONFORMING AMENDMENTS.— URRENT RESERVE FUND GENCY RESERVE FUND.—The Chief Financial Of- ‘‘(2) DETERMINATION OF MINIMUM CONTIN- (1) C .—Section 202(j) of ficer, in consultation with the Mayor, shall de- GENCY RESERVE BALANCE.— the District of Columbia Financial Responsi- velop a policy to govern the emergency reserve ‘‘(A) IN GENERAL.—The ‘minimum contingency bility and Management Assistance Act of 1995 fund which shall include (but which may not be reserve balance’ with respect to a fiscal year is (sec. 47–392.2(j), D.C. Code) is amended by strik- limited to) the following requirements: the amount equal to the applicable percentage ing ‘‘Beginning with fiscal year 2000, the plan ‘‘(A) The emergency reserve fund may be used of the total budget appropriated for operating or budget submitted pursuant to this Act’’ and to provide for unanticipated and nonrecurring expenditures for such fiscal year which is de- inserting ‘‘For each of the fiscal years 2000 extraordinary needs of an emergency nature, in- rived from local funds. through 2004, the budget of the District govern- cluding a natural disaster or calamity as de- ‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In ment for the fiscal year’’. fined by section 102 of the Robert T. Stafford subparagraph (A), the ‘applicable percentage’ (2) POSITIVE FUND BALANCE.—Section 202(k) of Disaster Relief and Emergency Assistance Act with respect to a fiscal year means the fol- such Act (sec. 47–392.2(k), D.C. Code) is re- (Public Law 100–707) or unexpected obligations lowing: pealed. by Federal law. ‘‘(i) For fiscal year 2005, 1 percent. (c) EFFECTIVE DATE.—This section and the ‘‘(B) The emergency reserve fund may also be ‘‘(ii) For fiscal year 2006, 2 percent. amendments made by this section shall take ef- used in the event of a State of Emergency as de- ‘‘(3) INTEREST.—Interest earned on the contin- fect on October 1, 2000. clared by the Mayor pursuant to section 5 of the gency reserve fund shall remain in the account This Act may be cited as the ‘‘District of Co- District of Columbia Public Emergency Act of and may only be withdrawn in accordance with lumbia Appropriations Act, 2001’’. 1980 (sec. 6–1504, D.C. Code). paragraph (4). f ‘‘(C) The emergency reserve fund may not be ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN CONTIN- used to fund— GENCY RESERVE FUND.—The Chief Financial Of- THE CALENDAR ‘‘(i) any department, agency, or office of the ficer, in consultation with the Mayor, shall de- Mr. GRAMS. Mr. President, I ask Government of the District of Columbia which is velop a policy governing the use of the contin- unanimous consent that the Senate administered by a receiver or other official ap- gency reserve fund which shall include (but proceed to the following bills en bloc: pointed by a court; which may not be limited to) the following re- ‘‘(ii) shortfalls in any projected reductions quirements: Calendar No. 599, S. 150; Calendar No. which are included in the budget proposed by ‘‘(A) The contingency reserve fund may only 600, S. 11; Calendar No. 601, S. 451; Cal- the District of Columbia for the fiscal year; or be used to provide for nonrecurring or unfore- endar No. 602, S. 1078; Calendar No. 603, ‘‘(iii) settlements and judgments made by or seen needs that arise during the fiscal year, in- S. 1513; Calendar No. 604, S. 2019; Cal- against the Government of the District of Co- cluding expenses associated with unforeseen endar No. 651, S. 869; Calendar No. 659, lumbia. weather or other natural disasters, unexpected H.R. 3646; Calendar No. 735, S. 2000; Cal- ‘‘(5) ALLOCATION OF EMERGENCY CASH RE- obligations created by Federal law or new public endar No. 736, S. 2002; Calendar No. 738, SERVE FUNDS.—Funds may be allocated from the safety or health needs or requirements that have S. 2289; and Calendar No. 824, S. 785. emergency reserve fund only after— been identified after the budget process has oc- ‘‘(A) an analysis has been prepared by the curred, or opportunities to achieve cost savings. I ask unanimous consent that amend- Chief Financial Officer of the availability of ‘‘(B) The contingency reserve fund may be ment No. 4277 to H.R. 3646 be agreed to, other sources of funding to carry out the pur- used, if needed, to cover revenue shortfalls expe- any committee amendments be agreed poses of the allocation and the impact of such rienced by the District government for 3 con- to, as amended, if amended, the bills be

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9541 read a third time and passed, the mo- grossed for a third reading, read the and Omar Salinas was considered, or- tions to reconsider be laid upon the third time, and passed, as follows: dered to be engrossed for a third read- table, any title amendments be agreed S. 451 ing, read the third time, and passed, as to, and any statements relating to any Be it enacted by the Senate and House of Rep- follows: of the bills be printed in the RECORD, resentatives of the United States of America in S. 1513 with the above occurring en bloc. Congress assembled, Be it enacted by the Senate and House of Rep- The PRESIDING OFFICER. Without SECTION 1. PERMANENT RESIDENCE. resentatives of the United States of America in objection, it is so ordered. Notwithstanding any other provision of Congress assembled, f law, for purposes of the Immigration and Na- SECTION 1. PERMANENT RESIDENCE. tionality Act (8 U.S.C. 1101 et seq.), Saeed Notwithstanding any other provision of RELIEF OF MARINA KHALINA AND Rezai shall be held and considered to have law, for purposes of the Immigration and Na- HER SON, ALBERT MIFTAKHOV been lawfully admitted to the United States tionality Act (8 U.S.C. 1101 et seq.), Jac- for permanent residence as of the date of the queline Salinas and her children Gabriela The bill (S. 150) for the relief of Ma- enactment of this Act upon payment of the rina Khalina and her son, Albert Salinas, Alejandro Salinas, and Omar Sali- required visa fee. nas, shall be held and considered to have Miftakhov was considered, ordered to SEC. 2. REDUCTION OF NUMBER OF AVAILABLE been lawfully admitted to the United States be engrossed for a third reading, read VISAS. for permanent residence as of the date of en- the third time, and passed as follows: Upon the granting of permanent residence actment of this Act upon payment of the re- S. 150 to Saeed Rezai as provided in this Act, the quired visa fees. Secretary of State shall instruct the proper Be it enacted by the Senate and House of Rep- SEC. 2. REDUCTION OF NUMBER OF VISAS. officer to reduce by one number during the resentatives of the United States of America in Upon the granting of permanent residence current fiscal year the total number of im- Congress assembled, to Jacqueline Salinas and her children migrant visas available to natives of the Gabriela Salinas, Alejandro Salinas, and SECTION 1. PERMANENT RESIDENCE. country of the alien’s birth under section Omar Salinas, as provided in this Act, the Notwithstanding any other provision of 203(a) of the Immigration and Nationality Secretary of State shall instruct the proper law, for purposes of the Immigration and Na- Act (8 U.S.C. 1153(a)). tionality Act (8 U.S.C. 1101 et seq.), Marina officer to reduce by the appropriate number f Khalina and her son, Albert Miftakhov, shall during the current fiscal year the total num- be held and considered to have been lawfully RELIEF OF ELIZABETH EKA ber of immigrant visas available to natives admitted to the United States for permanent BASSEY AND HER CHILDREN of the country of the aliens’ birth under sec- residence as of the date of the enactment of tion 203(a) of the Immigration and Nation- this Act upon payment of the required visa The Senate proceeded to consider the ality Act (8 U.S.C. 1153(a)). fees. bill (S. 1078) for the relief of M.S. Eliza- f SEC. 2. REDUCTION OF NUMBER OF AVAILABLE beth Eka Bassey and her children, Em- VISAS. manuel O. Paul Bassey, Jacob Paul Upon the granting of permanent residence Bassey, and Mary Idongesit Paul RELIEF OF MALIA MILLER to Marina Khalina and her son, Albert Bassey, which had been reported from The bill (S. 2019) for the relief of Miftakhov, as provided in this Act, the Sec- the Committee on the Judiciary with Malia Miller was considered, ordered to retary of State shall instruct the proper offi- an amendment to strike all after the cer to reduce by the appropriate number dur- be engrossed for a third reading, read ing the current fiscal year the total number enacting clause and insert the part the third time, and passed, as follows: of immigrant visas available to natives of printed in italic, as follows: S. 2019 the country of the aliens’ birth under section SECTION 1. PERMANENT RESIDENCE. Be it enacted by the Senate and House of Rep- 203(a) of the Immigration and Nationality Notwithstanding any other provision of law, resentatives of the United States of America in Act (8 U.S.C. 1153(a)). for purposes of the Immigration and Nationality Congress assembled, Act (8 U.S.C. 1101 et seq.), Mrs. Elizabeth Eka f SECTION 1. PERMANENT RESIDENT STATUS FOR Bassey, Emmanuel O. Paul Bassey, and Mary MALIA MILLER. RELIEF OF WEI JINGSHENG Idongesit Paul Bassey shall be held and consid- (a) IN GENERAL.—Notwithstanding sub- The bill (S. 11) for the relief of Wei ered to have been lawfully admitted to the sections (a) and (b) of section 201 of the Im- United States for permanent residence as of the Jingsheng was considered, ordered to migration and Nationality Act, Malia Miller date of the enactment of this Act upon payment shall be eligible for issuance of an immigrant be engrossed for a third reading, read of the required visa fees. the third time, and passed, as follows: visa or for adjustment of status to that of an SEC. 2. REDUCTION OF NUMBER OF AVAILABLE alien lawfully admitted for permanent resi- S. 11 VISAS. dence upon filing an application for issuance Be it enacted by the Senate and House of Rep- Upon the granting of permanent residence to of an immigrant visa under section 204 of resentatives of the United States of America in Mrs. Elizabeth Eka Bassey, Emmanuel O. Paul such Act or for adjustment of status to law- Congress assembled, Bassey, and Mary Idongesit Paul Bassey, as ful permanent resident. provided in this Act, the Secretary of State shall SECTION 1. PERMANENT RESIDENCE. (b) ADJUSTMENT OF STATUS.—If Malia Mil- instruct the proper officer to reduce by the ap- (a) SHORT TITLE.—This Act may be cited as ler enters the United States before the filing propriate number during the current fiscal year the ‘‘Wei Jingsheng Freedom of Conscience deadline specified in subsection (c), she shall the total number of immigrant visas available to Act’’. be considered to have entered and remained natives of the country of the aliens’ birth under (b) Notwithstanding any other provision of lawfully and shall, if otherwise eligible, be section 203(a) of the Immigration and Nation- law, for purposes of the Immigration and Na- eligible for adjustment of status under sec- ality Act (8 U.S.C. 1153(a)). tionality Act (8 U.S.C. 1101 et seq.), Wei tion 245 of the Immigration and Nationality Jingsheng shall be held and considered to Amend the title to read as follows: Act as of the date of enactment of this Act. have been lawfully admitted to the United ‘‘A bill for the relief of Mrs. Eliza- (c) DEADLINE FOR APPLICATION AND PAY- States for permanent residence as of the date beth Eka Bassey, Emmanuel O. MENT OF FEES.—Subsections (a) and (b) shall of the enactment of this Act upon payment Paul Bassey, and Mary Idongesit apply only if the application for issuance of of the required visa fee. Paul Bassey.’’. an immigrant visa or the application for adjustment of status are filed with appropriate SEC. 2. REDUCTION OF NUMBER OF AVAILABLE The committee amendment in the fees within 2 years after the date of enact- VISAS. nature of a substitute was agreed to. Upon the granting of permanent residence ment of this Act. The bill (S. 1078) was read the third (d) REDUCTION OF IMMIGRANT VISA NUM- to Wei Jingsheng as provided in this Act, the time and passed. Secretary of State shall instruct the proper BER.—Upon the granting of an immigrant officer to reduce by one during the current The title was amended so as to read: visa or permanent residence to Malia Miller, fiscal year the total number of immigrant A bill for the relief of Mrs. Elizabeth Eka the Secretary of State shall instruct the visas available to natives of the country of Bassey, Emmanuel O. Paul Bassey, and Mary proper officer to reduce by one, during the the alien’s birth under section 203(a) of the Idongesit Paul Bassey. current or next following fiscal year, the total number of immigrant visas that are Immigration and Nationality Act (8 U.S.C. f 1153(a)). made available to natives of the country of RELIEF OF JACQUELINE SALINAS the alien’s birth under section 203(a) of the f AND HER CHILDREN Immigration and Nationality Act or, if appli- RELIEF OF SAEED REZAI cable, the total number of immigrant visas The bill (S. 1513) for the relief of Jac- that are made available to natives of the The bill (S. 451) for the relief of Saeed queline Salinas and her children country of the alien’s birth under section Rezai was considered, ordered to be en- Gabriela Salinas, Alejandro Salinas, 202(e) of such Act.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9542 CONGRESSIONAL RECORD — SENATE September 28, 2000 RELIEF OF MINA VAHEDI NOTASH (2) Salah Mohamed Abu Eljibat, Ghada (51) Nabil A. Alyadak, Majeda Sheta, Iman Mohamed Abu Eljibat, and Tareq Salah Abu Alyadak, and Wafa Alyadak. The bill (S. 869) for the relief of Mina Eljibat. (52) Mohammed A. Ariqat, Hitaf M. Ariqat, Vahedi Notash was considered, ordered (3) Amal Mustafa and Raed Mustafa. Ruba Ariqat, Renia Ariqat, and Reham Ariqat. to be engrossed for a third reading, (4) Shaher M. Abed. (53) Maha A. Al-Masri. read the third time and passed, as fol- (5) Zaid H. Khan and Nadira P. Khan. (54) Tawfiq M. Al-Taher and Rola T. Al- lows: (6) Rawhi M. Abu Tabanja, Basima Fareed Taher. Abu Tabanja, and Mohammed Rawhi Abu (55) Nadeem Mirza. S. 869 Tabanja. (c) WAIVER OF CERTAIN GROUNDS FOR INAD- Be it enacted by the Senate and House of Rep- (7) Reuben P. D’Silva, Anne P. D’Silva, MISSIBILITY.—The provisions of paragraphs (4), resentatives of the United States of America in Natasha Andrew Collette D’Silva, and Agnes (5), and (7)(A) of section 212(a) of the Immigra- Congress assembled, D’Silva. tion and Nationality Act shall not apply to ad- SECTION 1. PERMANENT RESIDENT STATUS FOR (8) Abbas I. Bhikhapurawala, Nafisa justment of status under this Act. (d) OFFSET IN NUMBER OF VISAS AVAILABLE.— MINA VAHEDI NOTASH. Bhikhapurawala, and Tasnim Upon each granting to an alien of the status of (a) IN GENERAL.—Notwithstanding sub- Bhikhapurawala. sections (a) and (b) of section 201 of the Im- (9) Fayez Sharif Ezzir, Abeer Muharram having been lawfully admitted for permanent migration and Nationality Act, Mina Vahedi Ezzir, Sharif Fayez Ezzir, and Mohammed residence under this section, the Secretary of Notash shall be eligible for issuance of an Fayez Ezzir. State shall instruct the proper officer to reduce immigrant visa or for adjustment of status (10) Issam Musleh, Nadia Khader, and Duaa by one, during the current or next following fis- to that of an alien lawfully admitted for per- Musleh. cal year, the total number of immigrant visas manent residence upon filing an application (11) Ahmad Mohammad Khalil, Mona Khalil, that are made available to natives of the coun- for issuance of an immigrant visa under sec- and Sally Khalil. try of the alien’s birth under section 203(a) of tion 204 of such Act or for adjustment of sta- (12) Husam Al-Khadrah and Kathleen Al- the Immigration and Nationality Act or, if ap- tus to lawful permanent resident. Khadrah. plicable, the total number of immigrant visas (b) ADJUSTMENT OF STATUS.—If Mina (13) Nawal M. Hajjawi. that are made available to natives of the coun- Vahedi Notash enters the United States be- (14) Isam S. Naser and Samar I. Naser. try of the alien’s birth under section 202(e) of fore the filing deadline specified in sub- (15) Amalia Arsua. such Act. section (c), he or she shall be considered to (16) Feras Taha, Bernardina Lopez-Taha, and AMENDMENT NO. 4277 have entered and remained lawfully and Yousef Taha. (Purpose: To make technical amendments) shall, if otherwise eligible, be eligible for ad- (17) Mahmood M. Alessa and Nadia Helmi On page 8, strike line 8 and insert the fol- justment of status under section 245 of the Abusoud. lowing: Immigration and Nationality Act as of the (18) Emad R. Jawwad. (3) Jehad Mustafa, Amal Mustafa, and date of the enactment of this Act. (19) Mohammed Ata Alawamleh, Zainab Raed Mustafa. (c) DEADLINE FOR APPLICATION AND PAY- Abueljebain, and Nizar Alawamleh. On page 11, strike line 16 and insert the fol- MENT OF FEES.—Subsections (a) and (b) shall (20) Yacoub Ibrahim and Wisam Ibrahim. lowing: apply only if the application for issuance of (21) Tareq S. Shehadah and Inas S. (53) Hazem A. Al-Masri. an immigrant visa or the application for ad- Shehadah. The amendment (No. 4277) was agreed justment of status is filed with appropriate (22) Basim A. Al-Ali and Nawal B. Al-Ali. to. fees within 2 years after the date of the en- (23) Hael Basheer Atari and Hanaa Al The committee amendment in the actment of this Act. Moghrabi. nature of a substitute, as amended, was (d) REDUCTION OF IMMIGRANT VISA NUM- (24) Fahim N. Mahmoud, Firnal Mahmoud, agreed to. BER.—Upon the granting of an immigrant Alla Mahmoud, and Ahmad Mahmoud. The bill (H.R. 3646), as amended, was (25) Tareq A. Attari. visa or permanent residence to Mina Vahedi read the third time and passed. Notash, the Secretary of State shall instruct (26) Azmi A. Mukahal, Wafa Mukahal, the proper officer to reduce by 4, during the Yasmin A. Mukahal, and Ahmad A. Mukahal. f current or next following fiscal year, the (27) Nabil Ishaq El-Hawwash, Amal Nabil El RELIEF OF GUY TAYLOR total number of immigrant visas that are Hawwash, and Ishaq Nabil El-Hawwash. made available to natives of the country of (28) Samir Ghalayini, Ismat F. Abujaber, and The bill (S. 2000) for the relief of Guy the aliens’ birth under section 203(a) of the Wasef Ghalayini. Taylor was considered, ordered to be Immigration and Nationality Act or, if appli- (29) Iman Mallah, Rana Mallah, and engrossed for a third reading, read the cable, the total number of immigrant visas Mohanned Mallah. third time, and passed, as follows: (30) Mohsen Mahmoud and Alia Mahmoud. that are made available to natives of the S. 2000 (31) Nijad Abdelrahman, Najwa Yousef country of the aliens’ birth under section Be it enacted by the Senate and House of Rep- 202(e) of such Act. Abdelrahman, and Faisal Abdelrahman. (32) Nezam Mahdawi, Sohad Mahdawi, and resentatives of the United States of America in f Bassam Mahdawi. Congress assembled, SECTION 1. PERMANENT RESIDENT STATUS FOR RELIEF OF PERSIAN GULF (33) Khalid S. Mahmoud and Fawziah Mahmoud. GUY EVACUEES TAYLOR. (34) Wael I. Saymeh, Zatelhimma N. Al The Senate proceeded to consider the (a) IN GENERAL.—Notwithstanding sub- Sahafie, Duaa W. Saymeh, and Ahmad W. sections (a) and (b) of section 201 of the Im- bill (H.R. 3646) for the relief of certain Saymeh. migration and Nationality Act, Guy Taylor Persian Gulf evacuees, which had been (35) Ahmed Mohammed Jawdat Anis Naji. shall be eligible for issuance of an immigrant reported from the Committee on the (36) Sesinando P. Suaverdez, Maria Cristina visa or for adjustment of status to that of an Judiciary with an amendment to strike Sylvia P. Suaverdez, and Sesinando Paguio alien lawfully admitted for permanent resi- Suaverdez II. dence upon filing an application for issuance all after the enacting clause and insert (37) Hanan Said and Yasmin Said. the part printed in italic. of an immigrant visa under section 204 of (38) Hani Salem, Manal Salem, Tasnim Salem, such Act or for adjustment of status to law- SECTION 1. ADJUSTMENT OF STATUS FOR CER- and Suleiman Salem. ful permanent resident. TAIN PERSIAN GULF EVACUEES. (39) Ihsan Mohammed Adwan, Hanan Mo- (b) ADJUSTMENT OF STATUS.—If Guy Taylor (a) IN GENERAL.—The Attorney General shall hammed Adwan, Maha Adwan, Nada M. enters the United States before the filing adjust the status of each alien referred to in Adwan, Reem Adwan, and Lina A. Adwan. deadline specified in subsection (c), he shall subsection (b) to that of an alien lawfully ad- (40) Ziyad Al Ajjouri and Dima Al Ajjouri. be considered to have entered and remained mitted for permanent residence if the alien— (41) Essam K. Taha. lawfully and shall, if otherwise eligible, be (1) applies for such adjustment; (42) Salwa S. Beshay, Alexan L. Basta, Rehan eligible for adjustment of status under sec- (2) has been physically present in the United Basta, and Sherif Basta. tion 245 of the Immigration and Nationality States for at least 1 year and is physically (43) Latifa Hussin, Anas Hussin, Ahmed Act as of the date of enactment of this Act. present in the United States on the date the ap- Hussin, Ayman Hussin, and Assma Hussin. (c) DEADLINE FOR APPLICATION AND PAY- plication for such adjustment is filed; (44) Farah Bader Shaath and Rawan Bader MENT OF FEES.—Subsections (a) and (b) shall (3) is admissible to the United States as an im- Shaath. apply only if the application for issuance of migrant, except as provided in subsection (c); (45) Bassam Barqawi and Amal Barqawi. an immigrant visa or the application for ad- and (46) Nabil Abdel Raoof Maswadeh. justment of status are filed with appropriate (4) pays a fee (determined by the Attorney (47) Nizam I. Wattar and Mohamed Ihssan fees within 2 years after the date of enact- General) for the processing of such application. Wattar. ment of this Act. (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA- (48) Wail F. Shbib and Ektimal Shbib. (d) REDUCTION OF IMMIGRANT VISA NUM- TUS.—The benefits provided in subsection (a) (49) Reem Rushdi Salman and Rasha Talat BER.—Upon the granting of an immigrant shall apply to the following aliens: Salman. visa or permanent residence to Guy Taylor, (1) Waddah Al-Zireeni, Enas Al-Zireeni, and (50) Khalil A. Awadalla and Eman K. the Secretary of State shall instruct the Anwaar Al-Zireeni. Awadalla. proper officer to reduce by one, during the

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9543 current or next following fiscal year, the tionality Act (8 U.S.C. 1101 et seq.), Jose There being no objection, the Senate total number of immigrant visas that are Guadalupe Tellez Pinales shall be held and proceeded to consider the bill. made available to natives of the country of considered to have been lawfully admitted to Mr. GRAMS. Mr. President, I ask the alien’s birth under section 203(a) of the the United States for permanent residence as unanimous consent that the bill be Immigration and Nationality Act or, if appli- of the date of the enactment of this Act upon cable, the total number of immigrant visas payment of the required visa fee. read a third time and passed, the mo- that are made available to natives of the tion to reconsider be laid upon the f country of the alien’s birth under section table, and that any statements relating 202(e) of such Act. RELIEF OF FRANCES to the bill be printed in the RECORD. f SCHOCHENMAIER The PRESIDING OFFICER. Without objection, it is so ordered. RELIEF OF TONY LARA The Senate proceeded to consider the The bill (H.R. 4931) was read the third bill (S. 785) for the relief of Frances The Senate proceeded to consider the time and passed. bill (S. 2002) for the Relief of Tony Schochenmaier, which had been re- f Lara, which had been reported from the ported from the Committee on the Ju- Committee on the Judiciary, with an diciary with an amendment, as follows: RELIEF OF AKAL SECURITY, amendment, as follows: (Strike out all after the enacting INCORPORATED (Omit the part in black brackets and clause and insert the part printed in italic.) Mr. GRAMS. Mr. President, I ask insert the part printed in italic.) unanimous consent that the Judiciary S. 2002 SECTION 1. RELIEF OF FRANCES SCHOCHENMAIER. Committee be discharged and the Sen- Be it enacted by the Senate and House of Rep- The Secretary of the Treasury shall pay, out ate proceed to the immediate consider- resentatives of the United States of America in of any moneys in the Treasury not otherwise ation of H.R. 3363. Congress assembled, appropriated, to Frances Schochenmaier of The PRESIDING OFFICER. Without SECTION 1. PERMANENT RESIDENT STATUS FOR Bonesteel, South Dakota, the sum of $60,567.58 objection, it is so ordered. The clerk TONY LARA. in compensation for the erroneous under- (a) IN GENERAL.—Notwithstanding sub- will report the bill by title. payment to Herman Schochenmaier, husband of sections (a) and (b) of section 201 of the Im- The legislative clerk read as follows: Frances Schochenmaier, during the period from migration and Nationality Act, Tony Lara September 1945 to March 1995, of compensation A bill (H.R. 3363) for the relief of Akal Se- shall be eligible for issuance of an immigrant and other benefits relating to a service-con- curity, Incorporated. visa or for adjustment of status to that of an nected disability incurred by Herman alien lawfully admitted for permanent resi- The Senate proceeded to consider the Schochenmaier during military service in World dence upon filing an application for issuance bill. War II. of an immigrant visa under section 204 of Mr. GRAMS. Mr. President, I ask such Act or for adjustment of status to law- SEC. 2. RELIEF OF MARY HUDSON. unanimous consent that the bill be ful permanent resident. Notwithstanding section 5121(a) of title 38, considered read a third time and (b) ADJUSTMENT OF STATUS.—If Tony Lara United States Code, or any other provision of passed, the motion to reconsider be enters the United States before the filing law, the Secretary of Veterans Affairs shall not recover from the estate of Wallace Hudson, for- laid upon the table, and that any state- deadline specified in subsection (c), he shall ments relating to the bill be printed in be considered to have entered and remained merly of Russellville, Alabama, or from Mary lawfully and shall, if otherwise eligible, be Hudson, the surviving spouse of Wallace Hud- the RECORD. eligible for adjustment of status under sec- son, the sum of $97,253 paid to Wallace Hudson The PRESIDING OFFICER. Without tion 245 of the Immigration and Nationality for compensation and other benefits relating to objection, it is so ordered. Act as of the date of enactment of this Act. a service-connected disability incurred by Wal- The bill (H.R. 3363) was read the third (c) DEADLINE FOR APPLICATION AND PAY- lace Hudson during active military service in time and passed. MENT OF FEES.—Subsections (a) and (b) shall World War II, which payment was mailed by the apply only if the application for issuance of Secretary to Wallace Hudson in January 2000 f an immigrant visa or the application for ad- but was delivered after Wallace Hudson’s death. AMENDING THE NATIONAL justment of status are filed with appropriate SEC. 3. LIMITATION ON FEES. HOUSING ACT fees within 2 years after the date of enact- (a) IN GENERAL.—Not more than a total of 10 ment of this Act. percent of the payment required by section 1 or Mr. GRAMS. Mr. President, I ask (d) REDUCTION OF IMMIGRANT VISA NUM- retained under section 2 may be paid to or re- unanimous consent that the Banking BER.—Upon the granting of an immigrant ceived by agents or attorneys for services ren- Committee be discharged from further ø ¿ visa or permanent residence to Guy Taylor dered in connection with obtaining or retaining consideration of H.R. 5193 and the Sen- Tony Lara, the Secretary of State shall in- such payment, as the case may be, any contract ate then proceed to its immediate construct the proper officer to reduce by one, to the contrary notwithstanding. sideration. during the current or next following fiscal (b) VIOLATION.—Any person who violates sub- year, the total number of immigrant visas section (a) shall be fined not more than $1,000. The PRESIDING OFFICER. Without objection, it is so ordered. The clerk that are made available to natives of the The committee amendment in the country of the alien’s birth under section will report the bill by title. nature of a substitute was agreed to. 203(a) of the Immigration and Nationality The legislative clerk read as follows: Act or, if applicable, the total number of im- The bill (S. 785), as amended, was agreed to. A bill (H.R. 5193) to amend the National migrant visas that are made available to na- Housing Act to temporarily extend the appli- tives of the country of the alien’s birth The title was amended so as to read: cability of the downpayment simplification under section 202(e) of such Act. A Bill for the relief of Francis provisions for the FHA single family housing The committee amendment was Schochenmaier and Mary Hudson. mortgage insurance program. agreed to: f There being no objection, the Senate The bill (S. 2002), as amended, was proceeded to consider the bill. PRESIDENTIAL TRANSITION ACT read the third time and passed. Mr. GRAMS. I ask unanimous con- OF 2000 f sent that the bill be read a third time RELIEF OF JOSE GUADALUPE Mr. GRAMS. Mr. President, I ask and passed, the motion to reconsider be TELLEZ PINALES unanimous consent that the Senate laid upon the table, and that any state- now proceed to the consideration of The bill (S. 2289) for the relief of Jose ments relating to the bill be printed in Calendar No. 812, H.R. 4931. the RECORD. Guadalupe Tellez Pinales was consid- The PRESIDING OFFICER. The ered, ordered to be engrossed for a The PRESIDING OFFICER. Without clerk will report the bill by title. objection, it is so ordered. third reading, read the third time, and The legislative clerk read as follows: passed, as follows: The bill (H.R. 5193) was read the third A bill (H.R. 4931) to provide for the train- time and passed. S. 2289 ing or orientation of individuals, during a Be it enacted by the Senate and House of Rep- Presidential transition, who the President f resentatives of the United States of America in intends to appoint to certain key positions, AUTHORIZING THE USE OF THE Congress assembled, to provide for a study and report on improv- CAPITOL GROUNDS SECTION 1. PERMANENT RESIDENCE. ing the financial disclosure process for cer- Notwithstanding any other provision of tain Presidential nominees, and for other Mr. GRAMS. Mr. President, I ask law, for purposes of the Immigration and Na- purposes. unanimous consent that the Senate

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9544 CONGRESSIONAL RECORD — SENATE September 28, 2000 proceed to the consideration of S. Con. COASTAL ZONE MANAGEMENT ACT and community partnership to support and en- Res. 139, introduced earlier today by OF 1999 hance coastal management and stewardship; Senator INOUYE. and Mr. GRAMS. Mr. President, I now ‘‘(8) to encourage the development, applica- The PRESIDING OFFICER. The ask unanimous consent that the Sen- tion, and transfer of innovative coastal and es- clerk will report the bill by title. ate proceed to the consideration of Cal- tuarine environmental technologies and tech- The legislative clerk read as follows: endar No. 803, S. 1534. niques for the long-term conservation of coastal A concurrent resolution (S. Con. Res. 139) The PRESIDING OFFICER. The ecosystems.’’. authorizing the use of the Capitol grounds clerk will report the bill by title. SEC. 5. CHANGES IN DEFINITIONS. for the dedication of the Japanese-American The legislative clerk read as follows: Section 304 (16 U.S.C. 1453) is amended— Memorial to Patriotism. (1) by striking ‘‘and the Trust Territories of A bill (S. 1534) to reauthorize the Coastal the Pacific Islands,’’ in paragraph (4); There being no objection, the Senate Zone Management Act, and for other pur- (2) by striking paragraph (8) and inserting the proceeded to consider the concurrent poses. following: resolution. There being no objection, the Senate ‘‘(8) The term ‘estuarine reserve’ means a Mr. GRAMS. I ask unanimous con- proceeded to consider the bill which coastal protected area which may include any sent that the concurrent resolution be had been reported from the Committee part or all of an estuary and any island, transi- agreed to, the motion to reconsider be on Commerce, Science, and Transpor- tional area, and upland in, adjoining, or adja- laid upon the table, and any state- cent to the estuary, and which constitutes to the tation, with an amendment to strike extent feasible a natural unit, established to ments relating thereto be printed in out all after the enacting clause and provide long-term opportunities for conducting the RECORD, with no intervening action insert the part printed in italic. scientific studies and educational and training or debate. SECTION 1. SHORT TITLE. programs that improve the understanding, stew- The PRESIDING OFFICER. Without This Act may be cited as the ‘‘Coastal Zone ardship, and management of estuaries.’’; and objection, it is so ordered. Management Act of 2000’’. (3) by adding at the end thereof the following: ‘‘(19) The term ‘coastal nonpoint pollution The concurrent resolution (S. Con. SEC. 2. AMENDMENT OF COASTAL ZONE MANAGE- control strategies and measures’ means strate- Res. 139) was agreed to, as follows: MENT ACT. Except as otherwise expressly provided, when- gies and measures included as part of the coast- S. CON. RES. 139 ever in this Act an amendment or repeal is ex- al nonpoint pollution control program under Resolved by the Senate (the House of Rep- pressed in terms of an amendment to, or repeal section 6217 of the Coastal Zone Act Reauthor- resentatives concurring), of, a section or other provision, the reference ization Amendments of 1990 (16 U.S.C. 1455b). ‘‘(20) The term ‘qualified local entity’ means— SECTION 1. DEFINITIONS. shall be considered to be made to a section or other provision of the Coastal Zone Manage- ‘‘(A) any local government; In this Resolution: ‘‘(B) any areawide agency referred to in sec- ment Act of 1972 (16 U.S.C. 1451 et seq.). (1) EVENT.—The term ‘‘event’’ means the tion 204(a)(1) of the Demonstration Cities and dedication of the National Japanese-Amer- SEC. 3. FINDINGS. Metropolitan Development Act of 1966 (42 U.S.C. ican Memorial to Patriotism . Section 302 (16 U.S.C. 1451) is amended— 3334 (a)(1)); (2) SPONSOR.—The term ‘‘sponsor’’ means (1) by redesignating paragraphs (a) through ‘‘(C) any regional agency; the National Japanese-American Memorial (m) as paragraphs (1) through (13); ‘‘(D) any interstate agency; Foundation. (2) by inserting ‘‘ports,’’ in paragraph (3) (as ‘‘(E) any nonprofit organization; or SEC. 2. AUTHORIZATION OF EVENT TO CELE- so redesignated) after ‘‘fossil fuels,’’; ‘‘(F) any reserve established under section BRATE THE DEDICATION OF THE NA- (3) by inserting ‘‘including coastal waters and 315.’’. TIONAL JAPANESE-AMERICAN ME- wetlands,’’ in paragraph (4) (as so redesignated) SEC. 6. REAUTHORIZATION OF MANAGEMENT MORIAL. after ‘‘zone,’’; PROGRAM DEVELOPMENT GRANTS. The National Japanese-American Memo- (4) by striking ‘‘therein,’’ in paragraph (4) (as Section 305 (16 U.S.C. 1454) is amended to read rial Foundation may sponsor the dedication so redesignated) and inserting ‘‘dependent on as follows: of the National Japanese-American Memo- that habitat,’’; ‘‘SEC. 305. MANAGEMENT PROGRAM DEVELOP- rial to Patriotism on the Capitol grounds on (5) by striking ‘‘well-being’’ in paragraph (5) MENT GRANTS. November 9, 2000, or on such other date as (as so redesignated) and inserting ‘‘quality of ‘‘(a) STATES WITHOUT PROGRAMS.—In fiscal the Speaker of the House of Representatives life’’; years 2001, 2002, 2003, and 2004, the Secretary and the Committee on Rules and Adminis- (6) by striking paragraph (11) (as so redesig- may make a grant annually to any coastal state tration of the Senate may jointly designate. nated) and inserting the following: without an approved program if the coastal SEC. 3. TERMS AND CONDITIONS. ‘‘(11) Land and water uses in the coastal zone state demonstrates to the satisfaction of the Sec- and coastal watersheds may significantly affect (a) IN GENERAL.—The event shall be open retary that the grant will be used to develop a to the public, free of admission charge, and the quality of coastal waters and habitats, and management program consistent with the re- arranged so as not to interfere with the efforts to control coastal water pollution from quirements set forth in section 306. The amount needs of Congress, under conditions to be activities in these areas must be improved.’’; and of any such grant shall not exceed $200,000 in prescribed by the Architect of the Capitol (7) by adding at the end thereof the following: any fiscal year, and shall require State match- and the Capitol Police Board. ‘‘(14) There is a need to enhance cooperation ing funds according to a 4-to-1 ratio of Federal- and coordination among states and local com- (b) EXPENSES AND LIABILITIES.—The spon- to-State contributions. After an initial grant is sor shall assume full responsibility for all munities, to encourage local community-based made to a coastal state under this subsection, no expenses and liabilities incident to all activi- solutions that address the impacts and pressures subsequent grant may be made to that coastal ties associated with the event. on coastal resources and on public facilities and state under this subsection unless the Secretary public service caused by continued coastal de- finds that the coastal state is satisfactorily de- SEC. 4. STRUCTURES AND EQUIPMENT. mands, and to increase state and local capacity veloping its management program. No coastal (a) STRUCTURES AND EQUIPMENT.— to identify public infrastructure and open space state is eligible to receive more than 4 grants (1) IN GENERAL.—Subject to the approval of needs and develop and implement plans which under this subsection. the Architect of the Capitol, beginning on provide for sustainable growth, resource protec- ‘‘(b) SUBMITTAL OF PROGRAM FOR AP- November 8, 2000, the sponsor may erect or tion and community revitalization.’’. PROVAL.—A coastal state that has completed the place and keep on the Capitol grounds, until SEC. 4. POLICY. development of its management program shall not later than 8:00 p.m. on Saturday, Novem- Section 303 (16 U.S.C. 1452) is amended— submit the program to the Secretary for review ber 11, 2000, such stage, sound amplification (1) by striking ‘‘the states’’ in paragraph (2) and approval under section 306.’’. devices, and other related structures and and inserting ‘‘state and local governments’’; SEC. 7. ADMINISTRATIVE GRANTS. equipment as are required for the event. (2) by striking ‘‘waters,’’ each place it appears (a) PURPOSES.—Section 306(a) (16 U.S.C. (b) ADDITIONAL ARRANGEMENTS.—The Ar- in paragraph (2)(C) and inserting ‘‘waters and 1455(a)) is amended by inserting ‘‘including de- chitect of the Capitol and the Capitol Police habitats,’’; veloping and implementing coastal nonpoint Board may make any such additional ar- (3) by striking ‘‘agencies and state and wild- pollution control program components,’’ after rangements as are appropriate to carry out life agencies; and’’ in paragraph (2)(J) and in- ‘‘program,’’. the event. serting ‘‘and wildlife management; and’’; (b) ACQUISITION CRITERIA.—Section SEC. 5. ENFORCEMENT OF RESTRICTIONS. (4) by inserting ‘‘other countries,’’ after 306(d)(10)(B) (16 U.S.C. 1455(d)(10)(B)) is The Capitol Police Board shall provide for ‘‘agencies,’’ in paragraph (5); amended by striking ‘‘less than fee simple’’ and enforcement of the restrictions contained in (5) by striking ‘‘and’’ at the end of paragraph inserting ‘‘other’’. section 4 of the Act of July 31, 1946 (40 U.S.C. (5); SEC. 8. COASTAL RESOURCE IMPROVEMENT PRO- 193d; 60 Stat. 718), concerning sales, adver- (6) by striking ‘‘zone.’’ in paragraph (6) and GRAM. tisements, displays, and solicitations on the inserting ‘‘zone;’’; and Section 306A (16 U.S.C. 1455a) is amended— Capitol grounds, as well as other restrictions (7) by adding at the end thereof the following: (1) by inserting ‘‘or other important coastal applicable to the Capitol grounds, with re- ‘‘(7) to create and use a National Estuarine habitats’’ in subsection (b)(1)(A) after spect to the event. Research Reserve System as a Federal, state, ‘‘306(d)(9)’’;

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00140 Fmt 4624 Sfmt 6333 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9545 (2) by inserting ‘‘or historic’’ in subsection (3) by striking ‘‘on various individual uses or tribution of section 306, 306A, and this section so (b)(2) after ‘‘urban’’; activities on resources, such as coastal wetlands that, in aggregate, the match is 1:1. (3) by adding at the end of subsection (b) the and fishery resources.’’ in subsection (a)(5) and ‘‘(d) ALLOCATION OF GRANTS TO QUALIFIED following: inserting ‘‘of various individual uses or activi- LOCAL ENTITY.— ‘‘(5) The coordination and implementation of ties on coastal waters, habitats, and resources, ‘‘(1) IN GENERAL.—With the approval of the approved coastal nonpoint pollution control including sources of polluted runoff.’’; Secretary, the eligible coastal state may allocate plans. (4) by adding at the end of subsection (a) the to a qualified local entity amounts received by ‘‘(6) The preservation, restoration, enhance- following: the state under this section. ment or creation of coastal habitats.’’; ‘‘(10) Development and enhancement of coast- ‘‘(2) ASSURANCES.—A coastal state shall en- (4) by striking ‘‘and’’ after the semicolon in al nonpoint pollution control program compo- sure that amounts allocated by the state under subsection (c)(2)(D); nents, including the satisfaction of conditions paragraph (1) are used by the qualified local en- (5) by striking ‘‘section.’’ in subsection placed on such programs as part of the Sec- tity in furtherance of the state’s approved man- (c)(2)(E) and inserting ‘‘section;’’; retary’s approval of the programs. agement program, specifically furtherance of the (6) by adding at the end of subsection (c)(2) ‘‘(11) Significant emerging coastal issues as coastal management objectives specified in sec- the following: identified by coastal states, in consultation with tion 303(2). ‘‘(F) work, resources, or technical support the Secretary and qualified local entities.’’; ‘‘(e) ASSISTANCE.—The Secretary shall assist necessary to preserve, restore, enhance, or cre- (5) by striking ‘‘proposals, taking into account eligible coastal states and qualified local entities ate coastal habitats; and the criteria established by the Secretary under in identifying and obtaining from other Federal ‘‘(G) the coordination and implementation of subsection (d).’’ in subsection (c) and inserting agencies technical and financial assistance in approved coastal nonpoint pollution control ‘‘proposals.’’; achieving the objectives set forth in subsection plans.’’; and (6) by striking subsection (d) and redesig- (a).’’. (7) by striking subsections (d), (e), and (f) and nating subsection (e) as subsection (d); SEC. 12. TECHNICAL ASSISTANCE. inserting after subsection (c) the following: (7) by striking ‘‘section, up to a maximum of Section 310(b) (16 U.S.C. 1456c(b)) is amended ‘‘(d) SOURCE OF FEDERAL GRANTS; STATE $10,000,000 annually’’ in subsection (f) and in- by adding at the end thereof the following: MATCHING CONTRIBUTIONS.— serting ‘‘section.’’; and ‘‘(1) IN GENERAL.—If a coastal state chooses to ‘‘(4) The Secretary may conduct a program to (8) by redesignating subsections (f) and (g) as fund a project under this section, then— develop and apply innovative coastal and estua- subsections (e) and (f), respectively. ‘‘(A) it shall submit to the Secretary a com- rine environmental technology and methodology bined application for grants under this section SEC. 11. COASTAL COMMUNITY PROGRAM. through a cooperative program. The Secretary and section 306; The Act is amended by inserting after section may make extramural grants in carrying out the ‘‘(B) it shall match the combined amount of 309 the following: purpose of this subsection.’’. such grants in the ratio required by section ‘‘SEC. 309A. COASTAL COMMUNITY PROGRAM. SEC. 13. PERFORMANCE REVIEW. 306(a) for grants under that section; and ‘‘(a) COASTAL COMMUNITY GRANTS.—The Sec- Section 312(a) (16 U.S.C. 1458(a)) is amended ‘‘(C) the Federal funding for the project shall retary may make grants to any coastal state by inserting ‘‘coordinated with National Estua- be a portion of that state’s annual allocation that is eligible under subsection (b)— rine Research Reserves in the state’’ after under section 306(a). ‘‘(1) to assist coastal communities in assessing ‘‘303(2)(A) through (K),’’. ‘‘(2) USE OF FUNDS.—Grants provided under and managing growth, public infrastructure, SEC. 14. WALTER B. JONES AWARDS. this section may be used to pay a coastal state’s and open space needs in order to provide for Section 314 (16 U.S.C. 1460) is amended— share of costs required under any other Federal sustainable growth, resource protection and (1) by striking ‘‘shall, using sums in the program that is consistent with the purposes of community revitalization; Coastal Zone Management Fund established this section. ‘‘(2) to provide management-oriented research under section 308’’ in subsection (a) and insert- ‘‘(e) ALLOCATION OF GRANTS TO QUALIFIED and technical assistance in developing and im- ing ‘‘may, using sums available under this Act’’; LOCAL ENTITY.—With the approval of the Sec- plementing community-based growth manage- (2) by striking ‘‘field.’’ in subsection (a) and retary, the eligible coastal state may allocate to ment and resource protection strategies in quali- inserting the following: ‘‘field of coastal zone a qualified local entity a portion of any grant fied local entities; management. These awards, to be known as the made under this section for the purpose of car- ‘‘(3) to fund demonstration projects which ‘Walter B. Jones Awards’, may include— rying out this section; except that such an allo- have high potential for improving coastal zone ‘‘(1) cash awards in an amount not to exceed cation shall not relieve that state of the respon- management at the local level; $5,000 each; sibility for ensuring that any funds so allocated ‘‘(4) to assist in the adoption of plans, strate- ‘‘(2) research grants; and are applied in furtherance of the state’s ap- gies, policies, or procedures to support local ‘‘(3) public ceremonies to acknowledge such proved management program. community-based environmentally-protective so- awards.’’; ‘‘(f) ASSISTANCE.—The Secretary shall assist lutions to the impacts and pressures on coastal (3) by striking ‘‘shall elect annually—’’ in eligible coastal states in identifying and obtain- uses and resources caused by development and subsection (b) and inserting ‘‘may select annu- ing from other Federal agencies technical and sprawl that will— ally if funds are available under subsection financial assistance in achieving the objectives ‘‘(A) revitalize previously developed areas; (a)—’’; and set forth in subsection (b).’’. ‘‘(B) undertake conservation activities and (4) by striking subsection (e). SEC. 9. COASTAL ZONE MANAGEMENT FUND. projects in undeveloped and environmentally SEC. 15. NATIONAL ESTUARINE RESEARCH RE- (a) TREATMENT OF LOAN REPAYMENTS.—Sec- sensitive areas; SERVE SYSTEM. tion 308(a)(2) (16 U.S.C. 1456a(a)(2)) is amended ‘‘(C) emphasize water-dependent uses; and (a) Section 315(a) (16 U.S.C. 1461(a)) is amend- to read as follows: ‘‘(D) protect coastal waters and habitats; and ed by striking ‘‘consists of—’’ and inserting ‘‘is ‘‘(2) Loan repayments made under this sub- ‘‘(5) to assist coastal communities to coordi- a network of areas protected by Federal, state, section— nate and implement approved coastal nonpoint and community partnerships which promotes in- ‘‘(A) shall be retained by the Secretary and pollution control strategies and measures that formed management of the Nation’s estuarine deposited into the Coastal Zone Management reduce the causes and impacts of polluted run- and coastal areas through interconnected pro- Fund established under subsection (b); and off on coastal waters and habitats.’’. grams in resource stewardship, education and ‘‘(B) subject to amounts provided in Appro- ‘‘(b) ELIGIBILITY.—To be eligible for a grant training, and scientific understanding con- priations Acts, shall be available to the Sec- under this section for a fiscal year, a coastal sisting of—’’. retary for purposes of this title and transferred state shall— (b) Section 315(b)(2)(C) (16 U.S.C. to the Operations, Research, and Facilities ac- ‘‘(1) have a management program approved 1461(b)(2)(C)) is amended by striking ‘‘public count of the National Oceanic and Atmospheric under section 306; and education and interpretation; and’’; and insert- Administration to offset the costs of imple- ‘‘(2) in the judgment of the Secretary, be making ‘‘education, interpretation, training, and menting this title.’’. ing satisfactory progress in activities designed to demonstration projects; and’’. (b) USE OF AMOUNTS IN FUND.—Section 308(b) result in significant improvement in achieving (c) Section 315(c) (16 U.S.C. 1461(c)) is amend- (16 U.S.C. 1456a(b)) is amended by striking the coastal management objectives specified in ed— paragraphs (2) and (3) and inserting the fol- section 303(2)(A) through (K). (1) by striking ‘‘RESEARCH’’ in the subsection lowing: ‘‘(c) ALLOCATIONS; SOURCE OF FEDERAL caption and inserting ‘‘RESEARCH, EDUCATION, ‘‘(2) Subject to Appropriation Acts, amounts GRANTS; STATE MATCHING CONTRIBUTIONS.— AND RESOURCE STEWARDSHIP’’; in the Fund shall be available to the Secretary ‘‘(1) ALLOCATION.—Grants under this section (2) by striking ‘‘conduct of research’’ and in- to carry out the provisions of this Act.’’. shall be allocated to coastal states as provided serting ‘‘conduct of research, education, and re- SEC. 10. COASTAL ZONE ENHANCEMENT GRANTS. in section 306(c). source stewardship’’; Section 309 (16 U.S.C. 1456b) is amended— ‘‘(2) APPLICATION; MATCHING.—If a coastal (3) by striking ‘‘coordinated research’’ in (1) by striking subsection (a)(1) and inserting state chooses to fund a project under this sec- paragraph (1)) and inserting ‘‘coordinated re- the following: tion, then— search, education, and resource stewardship’’; ‘‘(1) Protection, restoration, enhancement, or ‘‘(A) it shall submit to the Secretary a com- (4) by striking ‘‘research’’ before ‘‘principles’’ creation of coastal habitats, including wetlands, bined application for grants under this section in paragraph (2); coral reefs, marshes, and barrier islands.’’; and section 306; and (5) by striking ‘‘research programs’’ in para- (2) by inserting ‘‘and removal’’ after ‘‘entry’’ ‘‘(B) it shall match the amount of the grant graph (2) and inserting ‘‘research, education, in subsection (a)(4); under this section on the basis of a total con- and resource stewardship programs’’;

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(6) by striking ‘‘research’’ before ‘‘methodolo- of this section, other than general administra- ‘‘(d) PURCHASE OF OTHERWISE UNAVAILABLE gies’’ in paragraph (3); tion of reserves or the System and which are FEDERAL PRODUCTS AND SERVICES.—Federal (7) by striking ‘‘data,’’ in paragraph (3) and consistent with the purposes and policies of this funds allocated under this title may be used by inserting ‘‘information,’’; section. grantees to purchase Federal products and serv- (8) by striking ‘‘research’’ before ‘‘results’’ in Donations accepted under this section shall be ices not otherwise available. paragraph (3); considered as a gift or bequest to or for the use ‘‘(e) RESTRICTION ON USE OF AMOUNTS FOR (9) by striking ‘‘research purposes;’’ in para- of the United States for the purpose of carrying PROGRAM, ADMINISTRATIVE, OR OVERHEAD graph (3) and inserting ‘‘research, education, out this section.’’. COSTS.—Except for funds appropriated under and resource stewardship purposes;’’; (f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is subsection (a)(5), amounts appropriated under (10) by striking ‘‘research efforts’’ in para- amended by inserting ‘‘coordination with other this section shall be available only for grants to graph (4) and inserting ‘‘research, education, state programs established under sections 306 states and shall not be available for other pro- and resource stewardship efforts’’; and 309A,’’ after ‘‘including’’. gram, administrative, or overhead costs of the (11) by striking ‘‘research’’ in paragraph (5) SEC. 16. COASTAL ZONE MANAGEMENT REPORTS. National Oceanic and Atmospheric Administra- and inserting ‘‘research, education, and re- Section 316 (16 U.S.C. 1462) is amended— tion or the Department of Commerce.’’. source stewardship’’; and (1) by striking ‘‘to the President for trans- Mr. MCCAIN. Mr. President, I rise in (12) by striking ‘‘research’’ in the last sen- mittal’’ in subsection (a); tence. support of S. 1534, the Coastal Zone (2) by striking ‘‘zone and an evaluation of the (d) Section 315(d) (16 U.S.C. 1461(d)) is amend- Management Act of 2000. Originally effectiveness of financial assistance under sec- ed— passed in 1972, the Coastal Zone Man- tion 308 in dealing with such consequences;’’ (1) by striking ‘‘ESTUARINE RESEARCH.—’’ in agement Act, CZMA, was intended to and inserting ‘‘zone;’’ in the provision des- the subsection caption and inserting ‘‘ESTUA- ignated as (10) in subsection (a); address increased population and devel- RINE RESEARCH, EDUCATION, AND RESOURCE (3) by inserting ‘‘education,’’ after the ‘‘stud- opment in coastal communities. The STEWARDSHIP.—’’; ies,’’ in the provision designated as (12) in sub- programs established under this law (2) by striking ‘‘research purposes’’ and in- section (a); serting ‘‘research, education, and resource stew- were designed to balance responsible (4) by striking ‘‘Secretary’’ in the first sen- ardship purposes’’; development with the preservation of tence of subsection (c)(1) and inserting ‘‘Sec- (3) by striking paragraph (1) and inserting the the coastal environment. With over retary, in consultation with coastal states, and following: half of the U.S. population living in ‘‘(1) giving reasonable priority to research, with the participation of affected Federal agen- coastal areas, such balance is more im- education, and stewardship activities that use cies,’’; (5) by striking the second sentence of sub- portant than ever. the System in conducting or supporting activi- section (c)(1) and inserting the following: ‘‘The This bill reauthorizes the law ties relating to estuaries; and’’; through fiscal year 2004 and improves (4) by striking ‘‘research.’’ in paragraph (2) Secretary, in conducting such a review, shall co- and inserting ‘‘research, education, and re- ordinate with, and obtain the views of, appro- the framework of the CZMA—vol- source stewardship activities.’’; and priate Federal agencies.’’; untary federal-state matching grant (5) by adding at the end thereof the following: (6) by striking ‘‘shall promptly’’ in subsection programs. S. 1534 also enhances the ‘‘(3) establishing partnerships with other Fed- (c)(2) and inserting ‘‘shall, within 4 years after ability of coastal zone managers to the date of enactment of the Coastal Zone Man- eral and state estuarine management programs meet the ever increasing demands of to coordinate and collaborate on estuarine re- agement Act of 2000,’’; and (7) by adding at the end of subsection (c)(2) tourism, commercial growth, pollution search.’’. and environmental protection. In fact, (e) Section 315(e) (16 U.S.C. 1461(e)) is amend- the following: ‘‘If sufficient funds and resources ed— are not available to conduct such a review, the one of the most serious problems facing (1) by striking ‘‘reserve,’’ in paragraph Secretary shall so notify the Congress.’’. our coastal environment is the damage (1)(A)(i) and inserting ‘‘reserve; and’’; SEC. 17. AUTHORIZATION OF APPROPRIATIONS. caused by polluted runoff, or nonpoint (2) by striking ‘‘and constructing appropriate Section 318 (16 U.S.C. 1464) is amended— source pollution. Polluted runoff has reserve facilities, or’’ in paragraph (1)(A)(ii) and (1) by striking paragraphs (1) and (2) of sub- contributed to human health problems, inserting ‘‘including resource stewardship ac- section (a) and inserting the following: permanent environmental damage, and tivities and constructing reserve facilities; and’’; ‘‘(1) for grants under sections 306, 306A, and 309— beach closures. (3) by striking paragraph (1)(A)(iii); The legislation before us today will (4) by striking paragraph (1)(B) and inserting ‘‘(A) $70,000,000 for fiscal year 2000; the following: ‘‘(B) $80,000,000 for fiscal year 2001; improve the ability of managers to ad- ‘‘(B) to any coastal state or public or private ‘‘(C) $83,500,000 for fiscal year 2002; dress polluted runoff in a manner spe- person for purposes of— ‘‘(D) $87,000,000 for fiscal year 2003; and cifically tailored to each state’s indi- ‘‘(i) supporting research and monitoring asso- ‘‘(E) $90,500,000 for fiscal year 2004; vidual needs. The bill clarifies and con- ciated with a national estuarine reserve that are ‘‘(2) for grants under section 309A,— firms that matching federal grants consistent with the research guidelines devel- ‘‘(A) $25,000,000 for fiscal year 2000; ‘‘(B) $26,000,000 for fiscal year 2001; may be used to address nonpoint source oped under subsection (c); or pollution under the CZMA. In addition, ‘‘(ii) conducting educational, interpretive, or ‘‘(C) $27,000,000 for fiscal year 2002; training activities for a national estuarine re- ‘‘(D) $28,000,000 for fiscal year 2003; and S. 1534 reauthorizes the coastal zone serve that are consistent with the education ‘‘(E) $29,000,000 for fiscal year 2004; enhancement grant program and pro- guidelines developed under subsection (c).’’; of which $10,000,000, or 35 percent, whichever is vides dedicated funding for the contin- (5) by striking ‘‘therein or $5,000,000, which- less, shall be for purposes set forth in section ued implementation of state coastal ever amount is less.’’ in paragraph (3)(A) and 309A(a)(5); nonpoint source pollution plans. Pre- inserting ‘‘therein. Non-Federal costs associated ‘‘(3) for grants under section 315,— vious provisions had limited the pro- with the purchase of any lands and waters, or ‘‘(A) $7,000,000 for fiscal year 2000; gram to projects such as wetlands pro- interests therein, which are incorporated into ‘‘(B) $12,000,000 for fiscal year 2001; tection and restoration, protection the boundaries of a reserve up to 5 years after ‘‘(C) $12,500,000 for fiscal year 2002; the costs are incurred, may be used to match the ‘‘(D) $13,000,000 for fiscal year 2003; and from coastal hazards, and reduction of Federal share.’’; ‘‘(E) $13,500,000 for fiscal year 2004; marine debris along the coast. (6) by striking ‘‘and (iii)’’ in paragraph (3)(B); ‘‘(4) for grants to fund construction projects I urge my colleagues to support S. (7) by striking ‘‘paragraph (1)(A)(iii)’’ in at estuarine reserves designated under section 1534. It is a strong, pro-environment paragraph (3)(B) and inserting ‘‘paragraph 315, $12,000,000 for each of fiscal years 2000, bill, which will provide a series of im- (1)(B)’’; 2001, 2002, 2003, and 2004; and provements to the Coastal Zone Man- (8) by striking ‘‘entire System.’’ in paragraph ‘‘(5) for costs associated with administering agement Act. Most importantly, the (3)(B) and inserting ‘‘System as a whole.’’; and this title, $5,500,000 for fiscal year 2000 and such (9) by adding at the end thereof the following: sums as are necessary for fiscal years 2001– bill allows local and state environ- ‘‘(4) The Secretary may— 2004.’’; mental problems to be addressed on a ‘‘(A) enter into cooperative agreements, finan- (2) by striking ‘‘306 or 309.’’ in subsection (b) community-by-community basis. This cial agreements, grants, contracts, or other and inserting ‘‘306.’’; bipartisan bill enjoys the strong sup- agreements with any nonprofit organization, (3) by striking ‘‘during the fiscal year, or dur- port of the Coastal States Organiza- authorizing the organization to solicit donations ing the second fiscal year after the fiscal year, tion, which represents the governors of to carry out the purposes and policies of this for which’’ in subsection (c) and inserting more than 30 states, and a coalition of section, other than general administration of re- ‘‘within 3 years from when’’; environmental organizations. serves or the System and which are consistent (4) by striking ‘‘under the section for such re- with the purposes and policies of this section; verted amount was originally made available.’’ I would like to thank Senator SNOWE, and in subsection (c) and inserting ‘‘to states under the sponsor of the legislation, and Sen- ‘‘(B) accept donations of funds and services this Act.’’; and ators KERRY and HOLLINGS for their bi- for use in carrying out the purposes and policies (5) by adding at the end thereof the following: partisan support of and hard work on

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9547 this bill. I would also like to express from state to state. This diversity was this year enacted the Oceans Act of my gratitude and that of the Com- intended by Congress. Some states, 2000, with the strong bipartisan sup- merce Committee to the staff who like North Carolina, passed comprehen- port, including that of Senators SNOWE, worked on this bill, including Sloan sive legislation as a framework for KERRY, STEVENS and BREAUX. Through Rappoport, Stephanie Bailenson, coastal management. Other states, like reauthorization and strengthening of Brooke Sikora, Rick Kenin and Mar- Oregon, used existing land use legisla- the CZMA and creation of a new Ocean garet Spring. In particular I would like tion as the foundation for their feder- Policy Commission called for in the to thank Emily Lindow, a Sea Grant ally-approved programs. Finally, states Oceans Act, we are on track in the year fellow, whose background and experi- like Florida and Massachusetts 2000 to continue and improve upon the ence in coastal management issues networked existing, single-purpose good work started by the Stratton helped produce a strong and reasonable laws into a comprehensive umbrella for Commission in 1969. CZMA bill. In addition, the Committee coastal management. The national pro- Ms. SNOWE. Mr. President, I rise in appreciates the efforts of Jena Carter, gram, therefore, is founded in the au- support of S. 1534, the Coastal Zone a former Sea Grant fellow, and Cath- thorities and powers of the coastal Management Act of 2000. This bill reau- erine Wannamaker, two former Com- states and local governments. Through thorizes and makes a number of impor- mittee staff who helped develop the the CZMA, these collective authorities tant improvements to the Coastal Zone legislation. are orchestrated to serve the ‘‘national Management Act. Under the authori- Again I urge the Senate to pass S. interest in effective management, ben- ties in this Act, coastal states can 1534, the Coastal Zone Management Act eficial use, protection, and develop- choose to participate in the voluntary of 2000. ment of the coastal zone.’’ This 28 year federal Coastal Zone Management Pro- Mr. HOLLINGS. Mr. President, I rise program is a success story of how the gram. States design individual coastal to voice my support in passing S. 1534, local, state and federal government can zone management programs, taking a bill to reauthorize the Coastal Zone work together for the benefit of all who their specific needs and problems into Management Act for fiscal years 2000 enjoy and rely on our coastal re- account, and then receive federal through 2004, which the Commerce sources. matching funds to help carry out their Committee reported out favorably this I am pleased to report that S. 1534 reprogram plans. State coastal zone pro- session. First, I would like to commend authorizes and strengthens a program grams manage issues ranging from pub- Senators SNOWE and KERRY for their that works well. It provides total au- lic access to beaches, protecting habi- leadership on this very important reau- thorizations of over $136 million, and tat, to coordinating permits for coastal thorization. adds a new Coastal Community Grant development. In 1969, the Commission on Marine Program under section 309A for states The Coastal Zone Management Act Science, Engineering and Resources that want to focus on coastal commu- was originally enacted by Congress in (the Stratton Commission) rec- nity-based initiatives. This provision is 1972, in response to concerns over the ommended that: ‘‘. . . a Coastal Zone aimed at addressing the need for Fed- increasing demands being placed on our Management Act be enacted which will eral and state support of community- nation’s coastal regions and resources. provide policy objectives for the coast- based planning, strategies, and solu- These pressures have increased greatly al zone and authorize federal grants-in- tions for local sprawl and development since the Act was originally author- aid to facilitate the establishment of issues in the coastal zone. In addition, ized. Although the coastal zone only State Coastal Zone Authorities empow- it strengthens and provides increased comprises 10 percent of the contiguous ered to manage the coastal waters and authorizations for the National Estua- U.S. land area, it is home to more than adjacent land.’’ rine Research Reserve System, natural 53 percent of the U.S. population, and In response to this recommendation, labs operated by the states that sup- more than 3,600 people are relocating Congress, in 1972, enacted coastal zone port management-oriented research there annually. It is also an extremely management legislation to balance needed by coastal resource managers, important region economically, sup- coastal development and preservation as well as educational and interpretive porting commercial and recreational needs. To encourage state participa- programs to improve public awareness fishing, a booming coastal tourism in- tion, the CZMA established a vol- and understanding of the coastal envi- dustry, major commercial shipping, untary, two-stage, state assistance pro- ronment. and a variety of other coastal indus- gram. The first stage, awarded ‘‘section While the CZMA has proven greatly tries. 305’’ grants to coastal states for devel- successful, the world has changed since The coastal zone is comprised of a opment of coastal management pro- 1972. Today, over half of the U.S. popu- number of delicate and extremely im- grams meeting certain federal require- lation lives within 50 miles of our portant ecosystems. Its health is of ments. State programs which were shores—and more than 3,000 people vital importance not only to the mul- judged by the Secretary of Commerce move to the coast every day. In addi- titude of plants and animals that in- to meet those requirements received tion, more than 30 percent of the Gross habit this area, but also the people and Federal approval and became eligible Domestic Product is generated in the communities that are dependent on it for the second stage of grants. This sec- coastal zone. In my state of South for their livelihood. For example, ond stage, under section 306, provides Carolina, our beaches now attract mil- coastal estuaries provide habitat for ongoing assistance for states to imple- lions of visitors every year, all year more than 75 percent of the U.S. comment their federally-approved coastal long, placing greater demands on our mercial and 85 percent of the U.S. rec- programs. All grants require equal coastal resources than every before. reational fisheries. In turn, the com- matching funds from the state. Since And more and more people are choos- mercial fishing industry, with value- passage of the CZMA, all 34 eligible ing to move to the coast—making the added services included, contributes $40 states and territories have participated coastal counties the fastest growing billion to the U.S. economy each year. in the program to some degree. Cur- ones in the state. With population Recreational fishing added another $25 rently, 34 of the 35 eligible coastal growth comes the demand for high- billion to the economy. Unfortunately, states and territories have Federally ways, shopping centers, schools, and these major economic contributions approved plans. The approved plans in- sewers that permanently alter the are being threatened by environmental clude more than 100,000 miles of coast- landscape. If people are to continue to problems such as non-point source pol- line, which represents nearly all of the live and work on the coast, we must lution. national total covered by the Act. The allow our states to do a better job of Non-point source pollution is degrad- Ohio, Georgia, and Texas, and Min- planning how we impact the very re- ing the condition of our coastal rivers, nesota state CZMA programs all regions in which we all want to live. wetlands, and marine environments. ceived federal approval within the past Strengthening the CZMA is one im- Although the states are currently tak- three years. Of the eligible states, only portant step in addressing these prob- ing action to address this problem Illinois is not participating. lems. These changes also call for an- under existing authority, the Coastal Let me note that the nature and other look at our overall ocean and Zone Management Act of 2000 encour- structure of CZM programs vary widely coastal policy, which is why Congress ages them to take additional steps to

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9548 CONGRESSIONAL RECORD — SENATE September 28, 2000 combat the problem through the Coast- takes into account both the length of The amendment is as follows: al Community Program. This initiative coastline and the population of each (Purpose: To increase authorization levels provides states with the funding and state. However, since 1992, the Appro- for the National Estuarine Research Re- flexibility needed to deal with their priations Committee has imposed a two serve System and for other purposes.) specific non-point source pollution million dollar cap per state on Admin- On page 28, between lines 20 and 21, insert problems. The states will have the abil- istrative Grants. This was an attempt the following: ity to implement local solutions to to ensure equitable allocation to all (b) EQUITABLE ALLOCATION OF FUNDING.— local problems. the participating states. However, over Section 306(c) (16 U.S.C. 1455(c)) is amended The Coastal Community Program in the past eight years, appropriations for by adding at the end thereof ‘‘In promoting equity, the Secretary shall consider the this bill also aides states in developing Administrative Grants have increased overall change in grant funding under this and implementing creative initiatives by $19 million, yet the $2 million cap section from the preceding fiscal year and to deal with problems other than non- has remained. The result has been an minimize the relative increases or decreases point solution. It increases federal and inequitable distribution of these new among all the eligible States. The Secretary state support of local community-based funds. In fiscal year 2000, 13 states had shall ensure that each eligible State receives programs that address coastal environ- reached this arbitrary $2 million cap. increased funding under this section in any mental issues, such as the impact of These 13 states account for 83 percent fiscal year for which the total amount appro- development and sprawl on coastal of our Nation’s coastline and 76 percent priated to carry out this section is greater than the total amount appropriated to carry uses and resources. This type of bot- of our coastal population. out this section for the preceding fiscal tom-up management approach is crit- It is not equitable to have the 13 year.’’. ical. It allows communities to design states with the largest coastlines and On page 28, line 21, strike ‘‘(b)’’ and insert their own solutions to their unique populations stuck at a two million dol- ‘‘(c)’’. coastal environmental problems. The lar cap, despite major overall funding On page 45, strike lines 7 through line 10 program also allows communities to be increases. While smaller states have and insert the following: proactive in protecting their coastal enjoyed additional programmatic suc- ‘‘(C) $13,000,000 for fiscal year 2002; resources, preventing them from reach- cess due to an influx of funding, some ‘‘(D) $14,000,000 for fiscal year 2003; and ‘‘(E) $15,000,000 for fiscal year 2004; ing a point where drastic action may of the larger states have stagnated. In On page 45, line 16, strike ‘‘$5,500,000’’ and become necessary. an attempt to reassure members of the insert ‘‘$6,500,000’’. The Coastal Zone Management Act of Appropriations Committee that a fair On page 46, after the last sentence, insert 2000 significantly increases authoriza- distribution of funds can occur without the following new section: tion levels for the Coastal Zone Man- this hard cap in place, I have worked SEC. 18. SENSE OF CONGRESS. agement Program, allowing states to with Senator HOLLINGS to develop lan- It is the Sense of Congress that the Under better address their coastal manage- guage that has been included in this Secretary for Oceans and Atmosphere should ment plan goals. The bill authorizes bill that directs the Secretary of Com- reevaluate the calculation of shoreline mile- $135.5 million for fiscal year 2001 and merce to ensure equitable increases or age used in the distribution of funding under increases the authorization levels by decreases between funding years for the Coastal Zone Management Program to ensure equitable treatment of all regions of $5.5 million each year through fiscal each state. It further requires that the coastal zone, including the Southeastern year 2004. states should not experience a decrease States and the Great Lakes States. To provide further flexibility, the bill in base program funds in any year Mr. GRAMS. I ask unanimous con- allows state matching funds to accrue when the overall appropriations in- sent that the amendment be agreed to. in aggregate, as opposed to requiring crease. I would like to thank Senator The amendment (No. 4278) was agreed the states to match each section indi- HOLLINGS for his assistance in resolv- to. vidually. In my own state of Maine, our ing this matter and his commitment Mr. GRAMS. I ask unanimous con- Coastal Zone Management Program over the years to ensuring that the sent the committee substitute be raises an average of seven dollars in states be treated fairly. agreed to, the bill be read a third time state matching funds for every single The Coastal Zone Management Act and passed, as amended, the motion to federal dollar appropriated. Unfortu- enjoys wide support among all of the reconsider be laid upon the table, and nately, not all states have been as suc- coastal states due to its history of suc- any statements relating to the bill be cessful. The new aggregate match process. This support has been clearly printed in the RECORD. vision will give coastal states more lee- demonstrated by the many members of The PRESIDING OFFICER. Without way to address important state and the Commerce Committee who have objection, it is so ordered. community projects. worked with me to strengthen this pro- The committee amendment in the Additionally, the Coastal Zone Man- gram. I would like to thank Senator nature of a substitute, as amended, was agement Act of 2000 increases author- KERRY, the ranking member of the agreed to. ization for the National Estuarine Re- Oceans and Fisheries Subcommittee The bill (S. 1534), as amended, was search Reserve System (NERRS) to $12 for his hard work and support of this read the third time and passed, as fol- million in fiscal year 2001 with an addi- bill. I would also like to express my ap- lows: tional $1 million increase each year preciation to Senator MCCAIN, a co- S. 1534 through fiscal year 2004. The NERRS is sponsor of the bill and the Chairman of Be it enacted by the Senate and House of Rep- a network of reserves across the coun- the Commerce Committee, and Senator try that are operated as a cooperative resentatives of the United States of America in HOLLINGS, the ranking member of the Congress assembled, federal-state partnership. Currently, Committee, for their bipartisan sup- there are 25 reserves in 22 states. They SECTION 1. SHORT TITLE. port of this measure. I urge the Senate This Act may be cited as the ‘‘Coastal provide an important opportunity for to pass S. 1534, as amended. Zone Management Act of 2000’’. long-term research and education in es- AMENDMENT NO. 4278 SEC. 2. AMENDMENT OF COASTAL ZONE MANAGE- tuarine ecosystems. Additional funds Mr. GRAMS. Mr. President, Senator MENT ACT. will help strengthen this nationwide SNOWE has an amendment at the desk, Except as otherwise expressly provided, program which has not received in- and I ask for its consideration. whenever in this Act an amendment or re- creased funding commensurate with The PRESIDING OFFICER. The peal is expressed in terms of an amendment the addition of new reserves. clerk will report. to, or repeal of, a section or other provision, I would like to address a very serious The legislative clerk read as follows: the reference shall be considered to be made to a section or other provision of the Coastal problem facing the Coastal Zone Man- The Senator from Minnesota [Mr. GRAMS], Zone Management Act of 1972 (16 U.S.C. 1451 agement Program that we have tried to for Ms. SNOWE, proposes an amendment num- et seq.). rectify in this bill. The Administrative bered 4278. Grant section, section 306, serves as the SEC. 3. FINDINGS. Mr. GRAMS. I ask unanimous con- Section 302 (16 U.S.C. 1451) is amended— base funding mechanism for the states’ sent reading of the amendment be dis- (1) by redesignating paragraphs (a) through coastal zone management programs. pensed with. (m) as paragraphs (1) through (13); The amount of funding each state re- The PRESIDING OFFICER. Without (2) by inserting ‘‘ports,’’ in paragraph (3) ceives is determined by a formula that objection, it is so ordered. (as so redesignated) after ‘‘fossil fuels,’’;

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9549 (3) by inserting ‘‘including coastal waters ‘‘(20) The term ‘qualified local entity’ ‘‘(F) work, resources, or technical support and wetlands,’’ in paragraph (4) (as so redes- means— necessary to preserve, restore, enhance, or ignated) after ‘‘zone,’’; ‘‘(A) any local government; create coastal habitats; and (4) by striking ‘‘therein,’’ in paragraph (4) ‘‘(B) any areawide agency referred to in ‘‘(G) the coordination and implementation (as so redesignated) and inserting ‘‘depend- section 204(a)(1) of the Demonstration Cities of approved coastal nonpoint pollution con- ent on that habitat,’’; and Metropolitan Development Act of 1966 trol plans.’’; and (5) by striking ‘‘well-being’’ in paragraph (42 U.S.C. 3334 (a)(1)); (7) by striking subsections (d), (e), and (f) (5) (as so redesignated) and inserting ‘‘qual- ‘‘(C) any regional agency; and inserting after subsection (c) the fol- ity of life’’; ‘‘(D) any interstate agency; lowing: (6) by striking paragraph (11) (as so redes- ‘‘(E) any nonprofit organization; or ‘‘(d) SOURCE OF FEDERAL GRANTS; STATE ignated) and inserting the following: ‘‘(F) any reserve established under section MATCHING CONTRIBUTIONS.— ‘‘(11) Land and water uses in the coastal 315.’’. ‘‘(1) IN GENERAL.—If a coastal state chooses zone and coastal watersheds may signifi- SEC. 6. REAUTHORIZATION OF MANAGEMENT to fund a project under this section, then— cantly affect the quality of coastal waters PROGRAM DEVELOPMENT GRANTS. ‘‘(A) it shall submit to the Secretary a and habitats, and efforts to control coastal Section 305 (16 U.S.C. 1454) is amended to combined application for grants under this water pollution from activities in these read as follows: section and section 306; areas must be improved.’’; and ‘‘SEC. 305. MANAGEMENT PROGRAM DEVELOP- ‘‘(B) it shall match the combined amount (7) by adding at the end thereof the fol- MENT GRANTS. of such grants in the ratio required by sec- lowing: ‘‘(a) STATES WITHOUT PROGRAMS.—In fiscal tion 306(a) for grants under that section; and ‘‘(14) There is a need to enhance coopera- years 2001, 2002, 2003, and 2004, the Secretary ‘‘(C) the Federal funding for the project tion and coordination among states and local may make a grant annually to any coastal shall be a portion of that state’s annual allo- communities, to encourage local commu- state without an approved program if the cation under section 306(a). nity-based solutions that address the im- coastal state demonstrates to the satisfac- ‘‘(2) USE OF FUNDS.—Grants provided under pacts and pressures on coastal resources and tion of the Secretary that the grant will be this section may be used to pay a coastal on public facilities and public service caused used to develop a management program con- state’s share of costs required under any by continued coastal demands, and to in- sistent with the requirements set forth in other Federal program that is consistent crease state and local capacity to identify section 306. The amount of any such grant with the purposes of this section. public infrastructure and open space needs shall not exceed $200,000 in any fiscal year, ‘‘(e) ALLOCATION OF GRANTS TO QUALIFIED and develop and implement plans which pro- and shall require State matching funds ac- LOCAL ENTITY.—With the approval of the vide for sustainable growth, resource protec- cording to a 4-to-1 ratio of Federal-to-State Secretary, the eligible coastal state may al- tion and community revitalization.’’. contributions. After an initial grant is made locate to a qualified local entity a portion of to a coastal state under this subsection, no any grant made under this section for the SEC. 4. POLICY. subsequent grant may be made to that coast- purpose of carrying out this section; except Section 303 (16 U.S.C. 1452) is amended— al state under this subsection unless the Sec- that such an allocation shall not relieve that (1) by striking ‘‘the states’’ in paragraph retary finds that the coastal state is satis- state of the responsibility for ensuring that (2) and inserting ‘‘state and local govern- factorily developing its management pro- any funds so allocated are applied in further- ments’’; gram. No coastal state is eligible to receive ance of the state’s approved management (2) by striking ‘‘waters,’’ each place it ap- more than 4 grants under this subsection. program. pears in paragraph (2)(C) and inserting ‘‘(b) SUBMITTAL OF PROGRAM FOR AP- ‘‘(f) ASSISTANCE.—The Secretary shall as- ‘‘waters and habitats,’’; PROVAL.—A coastal state that has completed sist eligible coastal states in identifying and (3) by striking ‘‘agencies and state and the development of its management program obtaining from other Federal agencies tech- wildlife agencies; and’’ in paragraph (2)(J) shall submit the program to the Secretary nical and financial assistance in achieving and inserting ‘‘and wildlife management; for review and approval under section 306.’’. the objectives set forth in subsection (b).’’. and’’; SEC. 7. ADMINISTRATIVE GRANTS. SEC. 9. COASTAL ZONE MANAGEMENT FUND. (4) by inserting ‘‘other countries,’’ after (a) PURPOSES.—Section 306(a) (16 U.S.C. (a) TREATMENT OF LOAN REPAYMENTS.— ‘‘agencies,’’ in paragraph (5); 1455(a)) is amended by inserting ‘‘including Section 308(a)(2) (16 U.S.C. 1456a(a)(2)) is (5) by striking ‘‘and’’ at the end of para- developing and implementing coastal amended to read as follows: graph (5); nonpoint pollution control program compo- ‘‘(2) Loan repayments made under this sub- (6) by striking ‘‘zone.’’ in paragraph (6) and nents,’’ after ‘‘program,’’. section— inserting ‘‘zone;’’; and (b) EQUITABLE ALLOCATION OF FUNDING.— ‘‘(A) shall be retained by the Secretary and (7) by adding at the end thereof the fol- Section 306(c) (16 U.S.C. 1455(c)) is amended deposited into the Coastal Zone Management lowing: by adding at the end thereof ‘‘In promoting Fund established under subsection (b); and ‘‘(7) to create and use a National Estuarine equity, the Secretary shall consider the ‘‘(B) subject to amounts provided in Appro- Research Reserve System as a Federal, state, overall change in grant funding under this priations Acts, shall be available to the Sec- and community partnership to support and section from the preceding fiscal year and retary for purposes of this title and trans- enhance coastal management and steward- minimize the relative increases or decreases ferred to the Operations, Research, and Fa- ship; and among all the eligible States. The Secretary cilities account of the National Oceanic and ‘‘(8) to encourage the development, appli- shall ensure that each eligible State receives Atmospheric Administration to offset the cation, and transfer of innovative coastal increased funding under this section in any costs of implementing this title.’’. and estuarine environmental technologies fiscal year for which the total amount appro- (b) USE OF AMOUNTS IN FUND.—Section and techniques for the long-term conserva- priated to carry out this section is greater 308(b) (16 U.S.C. 1456a(b)) is amended by tion of coastal ecosystems.’’. than the total amount appropriated to carry striking paragraphs (2) and (3) and inserting SEC. 5. CHANGES IN DEFINITIONS. out this section for the preceding fiscal year. the following: Section 304 (16 U.S.C. 1453) is amended— (c) ACQUISITION CRITERIA.—Section ‘‘(2) Subject to Appropriation Acts, (1) by striking ‘‘and the Trust Territories 306(d)(10)(B) (16 U.S.C. 1455(d)(10)(B)) is amounts in the Fund shall be available to of the Pacific Islands,’’ in paragraph (4); amended by striking ‘‘less than fee simple’’ the Secretary to carry out the provisions of (2) by striking paragraph (8) and inserting and inserting ‘‘other’’. this Act.’’. the following: SEC. 8. COASTAL RESOURCE IMPROVEMENT PRO- SEC. 10. COASTAL ZONE ENHANCEMENT GRANTS. ‘‘(8) The term ‘estuarine reserve’ means a GRAM. Section 309 (16 U.S.C. 1456b) is amended— coastal protected area which may include Section 306A (16 U.S.C. 1455a) is amended— (1) by striking subsection (a)(1) and insert- any part or all of an estuary and any island, (1) by inserting ‘‘or other important coast- ing the following: transitional area, and upland in, adjoining, al habitats’’ in subsection (b)(1)(A) after ‘‘(1) Protection, restoration, enhancement, or adjacent to the estuary, and which con- ‘‘306(d)(9)’’; or creation of coastal habitats, including stitutes to the extent feasible a natural unit, (2) by inserting ‘‘or historic’’ in subsection wetlands, coral reefs, marshes, and barrier established to provide long-term opportuni- (b)(2) after ‘‘urban’’; islands.’’; ties for conducting scientific studies and (3) by adding at the end of subsection (b) (2) by inserting ‘‘and removal’’ after educational and training programs that im- the following: ‘‘entry’’ in subsection (a)(4); prove the understanding, stewardship, and ‘‘(5) The coordination and implementation (3) by striking ‘‘on various individual uses management of estuaries.’’; and of approved coastal nonpoint pollution con- or activities on resources, such as coastal (3) by adding at the end thereof the fol- trol plans. wetlands and fishery resources.’’ in sub- lowing: ‘‘(6) The preservation, restoration, en- section (a)(5) and inserting ‘‘of various indi- ‘‘(19) The term ‘coastal nonpoint pollution hancement or creation of coastal habitats.’’; vidual uses or activities on coastal waters, control strategies and measures’ means (4) by striking ‘‘and’’ after the semicolon habitats, and resources, including sources of strategies and measures included as part of in subsection (c)(2)(D); polluted runoff.’’; the coastal nonpoint pollution control pro- (5) by striking ‘‘section.’’ in subsection (4) by adding at the end of subsection (a) gram under section 6217 of the Coastal Zone (c)(2)(E) and inserting ‘‘section;’’; the following: Act Reauthorization Amendments of 1990 (16 (6) by adding at the end of subsection (c)(2) ‘‘(10) Development and enhancement of U.S.C. 1455b). the following: coastal nonpoint pollution control program

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9550 CONGRESSIONAL RECORD — SENATE September 28, 2000 components, including the satisfaction of locate to a qualified local entity amounts re- (7) by striking ‘‘data,’’ in paragraph (3) and conditions placed on such programs as part ceived by the state under this section. inserting ‘‘information,’’; of the Secretary’s approval of the programs. ‘‘(2) ASSURANCES.—A coastal state shall en- (8) by striking ‘‘research’’ before ‘‘results’’ ‘‘(11) Significant emerging coastal issues sure that amounts allocated by the state in paragraph (3); as identified by coastal states, in consulta- under paragraph (1) are used by the qualified (9) by striking ‘‘research purposes;’’ in tion with the Secretary and qualified local local entity in furtherance of the state’s ap- paragraph (3) and inserting ‘‘research, edu- entities.’’; proved management program, specifically cation, and resource stewardship purposes;’’; (5) by striking ‘‘proposals, taking into ac- furtherance of the coastal management ob- (10) by striking ‘‘research efforts’’ in para- count the criteria established by the Sec- jectives specified in section 303(2). graph (4) and inserting ‘‘research, education, retary under subsection (d).’’ in subsection ‘‘(e) ASSISTANCE.—The Secretary shall as- and resource stewardship efforts’’; (c) and inserting ‘‘proposals.’’; sist eligible coastal states and qualified local (11) by striking ‘‘research’’ in paragraph (5) (6) by striking subsection (d) and redesig- entities in identifying and obtaining from and inserting ‘‘research, education, and re- nating subsection (e) as subsection (d); other Federal agencies technical and finan- source stewardship’’; and (7) by striking ‘‘section, up to a maximum cial assistance in achieving the objectives (12) by striking ‘‘research’’ in the last sen- of $10,000,000 annually’’ in subsection (f) and set forth in subsection (a).’’. tence. inserting ‘‘section.’’; and SEC. 12. TECHNICAL ASSISTANCE. (d) Section 315(d) (16 U.S.C. 1461(d)) is (8) by redesignating subsections (f) and (g) Section 310(b) (16 U.S.C. 1456c(b)) is amend- amended— as subsections (e) and (f), respectively. ed by adding at the end thereof the fol- (1) by striking ‘‘ESTUARINE RESEARCH.—’’ SEC. 11. COASTAL COMMUNITY PROGRAM. lowing: in the subsection caption and inserting ‘‘ES- The Act is amended by inserting after sec- ‘‘(4) The Secretary may conduct a program TUARINE RESEARCH, EDUCATION, AND RE- tion 309 the following: to develop and apply innovative coastal and SOURCE STEWARDSHIP.—’’; ‘‘SEC. 309A. COASTAL COMMUNITY PROGRAM. estuarine environmental technology and (2) by striking ‘‘research purposes’’ and in- ‘‘(a) COASTAL COMMUNITY GRANTS.—The methodology through a cooperative program. serting ‘‘research, education, and resource Secretary may make grants to any coastal The Secretary may make extramural grants stewardship purposes’’; state that is eligible under subsection (b)— in carrying out the purpose of this sub- (3) by striking paragraph (1) and inserting ‘‘(1) to assist coastal communities in as- section.’’. the following: sessing and managing growth, public infra- SEC. 13. PERFORMANCE REVIEW. ‘‘(1) giving reasonable priority to research, structure, and open space needs in order to Section 312(a) (16 U.S.C. 1458(a)) is amended education, and stewardship activities that provide for sustainable growth, resource pro- by inserting ‘‘coordinated with National Es- use the System in conducting or supporting tection and community revitalization; tuarine Research Reserves in the state’’ activities relating to estuaries; and’’; ‘‘(2) to provide management-oriented re- after ‘‘303(2)(A) through (K),’’. (4) by striking ‘‘research.’’ in paragraph (2) search and technical assistance in devel- SEC. 14. WALTER B. JONES AWARDS. and inserting ‘‘research, education, and re- oping and implementing community-based Section 314 (16 U.S.C. 1460) is amended— source stewardship activities.’’; and growth management and resource protection (1) by striking ‘‘shall, using sums in the (5) by adding at the end thereof the fol- strategies in qualified local entities; Coastal Zone Management Fund established lowing: ‘‘(3) to fund demonstration projects which under section 308’’ in subsection (a) and in- ‘‘(3) establishing partnerships with other have high potential for improving coastal serting ‘‘may, using sums available under Federal and state estuarine management zone management at the local level; this Act’’; programs to coordinate and collaborate on ‘‘(4) to assist in the adoption of plans, (2) by striking ‘‘field.’’ in subsection (a) estuarine research.’’. (e) Section 315(e) (16 U.S.C. 1461(e)) is strategies, policies, or procedures to support and inserting the following: ‘‘field of coastal amended— local community-based environmentally-pro- zone management. These awards, to be (1) by striking ‘‘reserve,’’ in paragraph tective solutions to the impacts and pres- known as the ‘Walter B. Jones Awards’, may (1)(A)(i) and inserting ‘‘reserve; and’’; sures on coastal uses and resources caused include— (2) by striking ‘‘and constructing appro- by development and sprawl that will— ‘‘(1) cash awards in an amount not to ex- priate reserve facilities, or’’ in paragraph ‘‘(A) revitalize previously developed areas; ceed $5,000 each; (1)(A)(ii) and inserting ‘‘including resource ‘‘(B) undertake conservation activities and ‘‘(2) research grants; and stewardship activities and constructing re- projects in undeveloped and environmentally ‘‘(3) public ceremonies to acknowledge serve facilities; and’’; sensitive areas; such awards.’’; (3) by striking paragraph (1)(A)(iii); ‘‘(C) emphasize water-dependent uses; and (3) by striking ‘‘shall elect annually—’’ in (4) by striking paragraph (1)(B) and insert- ‘‘(D) protect coastal waters and habitats; subsection (b) and inserting ‘‘may select an- ing the following: and nually if funds are available under sub- ‘‘(B) to any coastal state or public or pri- ‘‘(5) to assist coastal communities to co- section (a)—’’; and vate person for purposes of— ordinate and implement approved coastal (4) by striking subsection (e). nonpoint pollution control strategies and ‘‘(i) supporting research and monitoring SEC. 15. NATIONAL ESTUARINE RESEARCH RE- associated with a national estuarine reserve measures that reduce the causes and impacts SERVE SYSTEM. that are consistent with the research guide- of polluted runoff on coastal waters and (a) Section 315(a) (16 U.S.C. 1461(a)) is lines developed under subsection (c); or habitats.’’. amended by striking ‘‘consists of—’’ and in- ‘‘(b) ELIGIBILITY.—To be eligible for a grant serting ‘‘is a network of areas protected by ‘‘(ii) conducting educational, interpretive, under this section for a fiscal year, a coastal Federal, state, and community partnerships or training activities for a national estua- state shall— which promotes informed management of rine reserve that are consistent with the ‘‘(1) have a management program approved the Nation’s estuarine and coastal areas education guidelines developed under sub- under section 306; and through interconnected programs in resource section (c).’’; ‘‘(2) in the judgment of the Secretary, be stewardship, education and training, and sci- (5) by striking ‘‘therein or $5,000,000, which- making satisfactory progress in activities entific understanding consisting of—’’. ever amount is less.’’ in paragraph (3)(A) and designed to result in significant improve- (b) Section 315(b)(2)(C) (16 U.S.C. inserting ‘‘therein. Non-Federal costs associ- ment in achieving the coastal management 1461(b)(2)(C)) is amended by striking ‘‘public ated with the purchase of any lands and objectives specified in section 303(2)(A) education and interpretation; and’’; and in- waters, or interests therein, which are incor- through (K). serting ‘‘education, interpretation, training, porated into the boundaries of a reserve up ‘‘(c) ALLOCATIONS; SOURCE OF FEDERAL and demonstration projects; and’’. to 5 years after the costs are incurred, may GRANTS; STATE MATCHING CONTRIBUTIONS.— (c) Section 315(c) (16 U.S.C. 1461(c)) is be used to match the Federal share.’’; ‘‘(1) ALLOCATION.—Grants under this sec- amended— (6) by striking ‘‘and (iii)’’ in paragraph tion shall be allocated to coastal states as (1) by striking ‘‘RESEARCH’’ in the sub- (3)(B); provided in section 306(c). section caption and inserting ‘‘RESEARCH, (7) by striking ‘‘paragraph (1)(A)(iii)’’ in ‘‘(2) APPLICATION; MATCHING.—If a coastal EDUCATION, AND RESOURCE STEWARDSHIP’’; paragraph (3)(B) and inserting ‘‘paragraph state chooses to fund a project under this (2) by striking ‘‘conduct of research’’ and (1)(B)’’; section, then— inserting ‘‘conduct of research, education, (8) by striking ‘‘entire System.’’ in para- ‘‘(A) it shall submit to the Secretary a and resource stewardship’’; graph (3)(B) and inserting ‘‘System as a combined application for grants under this (3) by striking ‘‘coordinated research’’ in whole.’’; and section and section 306; and paragraph (1)) and inserting ‘‘coordinated re- (9) by adding at the end thereof the fol- ‘‘(B) it shall match the amount of the search, education, and resource steward- lowing: grant under this section on the basis of a ship’’; ‘‘(4) The Secretary may— total contribution of section 306, 306A, and (4) by striking ‘‘research’’ before ‘‘prin- ‘‘(A) enter into cooperative agreements, fi- this section so that, in aggregate, the match ciples’’ in paragraph (2); nancial agreements, grants, contracts, or is 1:1. (5) by striking ‘‘research programs’’ in other agreements with any nonprofit organi- ‘‘(d) ALLOCATION OF GRANTS TO QUALIFIED paragraph (2) and inserting ‘‘research, edu- zation, authorizing the organization to so- LOCAL ENTITY.— cation, and resource stewardship programs’’; licit donations to carry out the purposes and ‘‘(1) IN GENERAL.—With the approval of the (6) by striking ‘‘research’’ before ‘‘meth- policies of this section, other than general Secretary, the eligible coastal state may al- odologies’’ in paragraph (3); administration of reserves or the System and

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9551 which are consistent with the purposes and (4) by striking ‘‘under the section for such 7,500 deadweight tons that has been delivered policies of this section; and reverted amount was originally made avail- from a foreign shipyard or contracted for con- ‘‘(B) accept donations of funds and services able.’’ in subsection (c) and inserting ‘‘to struction in a foreign shipyard before the earlier for use in carrying out the purposes and poli- states under this Act.’’; and of— cies of this section, other than general ad- (5) by adding at the end thereof the fol- ‘‘(1) the date that is 1 year after the date of ministration of reserves or the System and lowing: enactment of the Maritime Administration Au- which are consistent with the purposes and ‘‘(d) PURCHASE OF OTHERWISE UNAVAILABLE thorization Act for Fiscal Year 2001; or policies of this section. FEDERAL PRODUCTS AND SERVICES.—Federal ‘‘(2) the effective date of the OECD Ship- Donations accepted under this section shall funds allocated under this title may be used building Trade Agreement Act. be considered as a gift or bequest to or for by grantees to purchase Federal products ‘‘(b) COMPLIANCE WITH CERTAIN U.S.-BUILD the use of the United States for the purpose and services not otherwise available. REQUIREMENTS.—A vessel timely contracted for of carrying out this section.’’. ‘‘(e) RESTRICTION ON USE OF AMOUNTS FOR or delivered pursuant to this section and docu- (f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is PROGRAM, ADMINISTRATIVE, OR OVERHEAD mented under the laws of the United States amended by inserting ‘‘coordination with COSTS.—Except for funds appropriated under shall be deemed to have been United-States built other state programs established under sec- subsection (a)(5), amounts appropriated for purposes of sections 901(b) and 901b of this tions 306 and 309A,’’ after ‘‘including’’. under this section shall be available only for Act if— SEC. 16. COASTAL ZONE MANAGEMENT REPORTS. grants to states and shall not be available ‘‘(1) following delivery by a foreign shipyard, Section 316 (16 U.S.C. 1462) is amended— for other program, administrative, or over- the vessel has any additional shipyard work (1) by striking ‘‘to the President for trans- head costs of the National Oceanic and At- necessary to receive its initial Coast Guard cer- mittal’’ in subsection (a); mospheric Administration or the Depart- tificate of inspection performed in a United (2) by striking ‘‘zone and an evaluation of ment of Commerce.’’. States shipyard; the effectiveness of financial assistance SEC. 18. SENSE OF CONGRESS. ‘‘(2) the vessel is not documented in another under section 308 in dealing with such con- It is the sense of Congress that the Under- country before being documented under the laws sequences;’’ and inserting ‘‘zone;’’ in the pro- secretary for Oceans and Atmosphere should of the United States; vision designated as (10) in subsection (a); re-evaluate the calculation of shoreline mile- ‘‘(3) the vessel complies with the same inspec- (3) by inserting ‘‘education,’’ after the age used in the distribution of funding under tion standards set forth for ocean common car- ‘‘studies,’’ in the provision designated as (12) the Coastal Zone Management Program to riers in section 1137 of the Coast Guard Author- in subsection (a); ensure equitable treatment of all regions of ization Act of 1996 (46 U.S.C. App. 1187 note); (4) by striking ‘‘Secretary’’ in the first sen- the coastal zone, including the Southeastern and tence of subsection (c)(1) and inserting ‘‘Sec- States and the Great Lakes States. ‘‘(4) actual delivery of a vessel contracted for construction takes place on or before the 3-year retary, in consultation with coastal states, f and with the participation of affected Fed- anniversary of the date of the contract to con- eral agencies,’’; MARITIME ADMINISTRATION AU- struct the vessel. (5) by striking the second sentence of sub- THORIZATION ACT FOR FISCAL ‘‘(c) SECTION 12106(e) OF TITLE 46.—Section section (c)(1) and inserting the following: YEAR 2001 12106(e) of title 46, United States Code, shall not apply to a vessel built pursuant to this sec- ‘‘The Secretary, in conducting such a review, Mr. GRAMS. Mr. President, I ask shall coordinate with, and obtain the views tion.’’. of, appropriate Federal agencies.’’; unanimous consent that the Senate (b) CONFORMING CALENDAR YEAR TO FEDERAL (6) by striking ‘‘shall promptly’’ in sub- now proceed to the consideration of FISCAL YEAR FOR SECTION 901b PURPOSES.—Sec- section (c)(2) and inserting ‘‘shall, within 4 Calendar No. 686, S. 2487. tion 901b(c)(2) of the Merchant Marine Act, 1936 years after the date of enactment of the The PRESIDING OFFICER. The (46 U.S.C App. 1241f(c)(2)) is amended by strik- Coastal Zone Management Act of 2000,’’; and clerk will report the bill by title. ing ‘‘1986.’’ and inserting ‘‘1986, the 18-month (7) by adding at the end of subsection (c)(2) The legislative clerk read as follows: period commencing April 1, 2000, and the 12- the following: ‘‘If sufficient funds and re- month period beginning on the first day of Octo- A bill (S. 2487) to authorize appropriations sources are not available to conduct such a ber in the year 2001 and each year thereafter.’’. for Fiscal Year 2001 for certain maritime pro- review, the Secretary shall so notify the SEC. 4. SCRAPPING OF CERTAIN VESSELS. grams of the Department of Transportation. Congress.’’. (a) INTERNATIONAL ENVIRONMENTAL SCRAP- SEC. 17. AUTHORIZATION OF APPROPRIATIONS. There being no objection, the Senate PING STANDARD.—The Secretary of State in co- Section 318 (16 U.S.C. 1464) is amended— proceeded to consider the bill which ordination with the Secretary of Transportation (1) by striking paragraphs (1) and (2) of had been reported from the Committee shall initiate discussions in all appropriate subsection (a) and inserting the following: on Commerce, Science, and Transpor- international forums in order to establish an ‘‘(1) for grants under sections 306, 306A, and tation with an amendment to strike all international standard for the scrapping of ves- 309— after the enacting clause and insert the sels in a safe and environmentally sound man- ‘‘(A) $70,000,000 for fiscal year 2000; part printed in italic. ner. ‘‘(B) $80,000,000 for fiscal year 2001; (b) SCRAPPING OF OBSOLETE NATIONAL DE- ‘‘(C) $83,500,000 for fiscal year 2002; SECTION 1. SHORT TITLE. FENSE RESERVE FLEET VESSELS.— ‘‘(D) $87,000,000 for fiscal year 2003; and This Act may be cited as the ‘‘Maritime Ad- (1) DEVELOPMENT OF A SHIP SCRAPPING PRO- ‘‘(E) $90,500,000 for fiscal year 2004; ministration Authorization Act for Fiscal Year GRAM.—The Secretary of Transportation, in ‘‘(2) for grants under section 309A— 2001’’. consultation with the Secretary of the Navy, the ‘‘(A) $25,000,000 for fiscal year 2000; SEC. 2. AUTHORIZATION OF APPROPRIATIONS Administrator of the Environmental Protection ‘‘(B) $26,000,000 for fiscal year 2001; FOR FISCAL YEAR 2001. Agency, the Assistant Secretary for Occupa- ‘‘(C) $27,000,000 for fiscal year 2002; Funds are hereby authorized to be appro- tional Safety and Health, and the Secretary of ‘‘(D) $28,000,000 for fiscal year 2003; and priated, as Appropriations Acts may provide, for State, shall develop a program within 9 months ‘‘(E) $29,000,000 for fiscal year 2004; the use of the Department of Transportation for after the date of enactment of this Act for the of which $10,000,000, or 35 percent, whichever the Maritime Administration as follows: scrapping of obsolete National Defense Reserve is less, shall be for purposes set forth in sec- (1) For expenses necessary for operations and Fleet Vessels and report to the Senate Committee tion 309A(a)(5); training activities, not to exceed $80,240,000 for on Commerce, Science, and Transportation and ‘‘(3) for grants under section 315— the fiscal year ending September 30, 2001. the House of Representatives Committee on ‘‘(A) $7,000,000 for fiscal year 2000; (2) For the costs, as defined in section 502 of Armed Services. ‘‘(B) $12,000,000 for fiscal year 2001; the Federal Credit Reform Act of 1990, of guar- (A) CONTENT.—The report shall include infor- ‘‘(C) $13,000,000 for fiscal year 2002; anteed loans authorized by title XI of the Mer- mation concerning the initial determination of ‘‘(D) $14,000,000 for fiscal year 2003; and chant Marine Act, 1936 (46 U.S.C. App. 1271 et scrapping capacity, both domestically and ‘‘(E) $15,000,000 for fiscal year 2004; seq.), $50,000,000, to be available until expended. abroad, development of appropriate regulations, ‘‘(4) for grants to fund construction In addition, for administrative expenses related funding and staffing requirements, milestone projects at estuarine reserves designated to loan guarantee commitments under title XI of dates for the disposal of each obsolete vessel, under section 315, $12,000,000 for each of fiscal that Act, $4,179,000. and long term cost estimates for the ship scrap- years 2000, 2001, 2002, 2003, and 2004; and SEC. 3. AMENDMENTS TO TITLE IX OF THE MER- ping program. ‘‘(5) for costs associated with admin- CHANT MARINE ACT, 1936. (B) ALTERNATIVES.—In developing the pro- istering this title, $6,500,000 for fiscal year (a) Title IX of the Merchant Marine Act, 1936 gram the Secretary of Transportation, in con- 2000 and such sums as are necessary for fiscal (46 U.S.C. App. 101 et seq.) is amended by add- sultation with the Secretary of the Navy, the years 2001–2004.’’; ing at the end thereof the following: Administrator of the Environmental Protection (2) by striking ‘‘306 or 309.’’ in subsection ‘‘SEC. 910. DOCUMENTATION OF CERTAIN DRY Agency, and the Secretary of State shall con- (b) and inserting ‘‘306.’’; CARGO VESSELS. sider all alternatives and available information (3) by striking ‘‘during the fiscal year, or ‘‘(a) IN GENERAL.—The restrictions of section including— during the second fiscal year after the fiscal 901(b)(1) of this Act concerning a vessel built in (i) alternative scrapping sites; year, for which’’ in subsection (c) and insert- a foreign country shall not apply to a newly (ii) vessel donations; ing ‘‘within 3 years from when’’; constructed drybulk or breakbulk vessel over (iii) sinking of vessels in deep water;

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00147 Fmt 4624 Sfmt 6333 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9552 CONGRESSIONAL RECORD — SENATE September 28, 2000 (iv) sinking vessels for development of artifi- retary of Transportation in coordination with may, subject to subsection (b), convey all right, cial reefs; the Secretary of the Navy shall report to Con- title, and interest of the United States Govern- (v) sales of vessels before they become obsolete; gress biannually on the progress of the ship ment in and to the vessel in the National De- (vi) results from the Navy Pilot Scrapping scrapping program developed under subsection fense Reserve Fleet that was formerly the U.S.S. Program under section 8124 of the Department (b)(1) and on the progress of any other scrap- GLACIER (United States official number AGB– of Defense Appropriations Act, 1999; and ping of obsolete government-owned vessels. 4) to the Glacier Society, Inc., a corporation es- (vii) the Report of the Department of De- SEC. 5. REPORTING OF ADMINISTERED AND tablished under the laws of the State of Con- fense’s Interagency Panel on Ship Scrapping OVERSIGHT FUNDS. necticut that is located in Bridgeport, Con- issued in April, 1998. The Maritime Administration, in its annual necticut. (2) SELECTION OF SCRAPPING FACILITIES.—Not- report to the Congress under section 208 of the (b) TERMS OF CONVEYANCE.— withstanding the provisions of the Toxic Sub- Merchant Marine Act, 1936 (46 U.S.C. App. (1) REQUIRED CONDITIONS.—The Secretary stances Control Act (15 U.S.C. 2605 et seq.), a 1118), and in its annual budget estimate sub- may not convey the vessel under this section un- ship scrapping program shall be accomplished mitted to the Congress, shall state separately the less the corporation— through qualified scrapping facilities whether amount, source, intended use, and nature of (A) agrees to use the vessel for the purpose of located in the United States or abroad. Scrap- any funds (other than funds appropriated to the a monument to the accomplishments of members ping facilities shall be selected on a best value Administration or to the Secretary of Transpor- of the Armed Forces of the United States, civil- basis taking into consideration, among other tation for use by the Administration) adminis- ians, scientists, and diplomats in exploration of things, the facilities’s ability to scrap vessels— tered, or subject to oversight, by the Administra- the Arctic and the Antarctic; (A) economically; tion. (B) agrees that the vessel will not be used for (B) in a safe and timely manner; SEC. 6. MARITIME INTERMODAL RESEARCH. commercial purposes; (C) with minimal impact on the environment; Section 8 of Public Law 101–115 (46 U.S.C. (C) agrees to make the vessel available to the (D) with proper respect for worker safety; and App. 1121–2) is amended by adding at the end Government if the Secretary requires use of the (E) by minimizing the geographic distance thereof the following: vessel by the Government for war or national that a vessel must be towed when such a vessel ‘‘(f) UNIVERSITY TRANSPORTATION RESEARCH emergency; poses a serious threat to the environment. FUNDS.— (D) agrees to hold the Government harmless (3) AMENDMENT OF NATIONAL MARITIME HERIT- ‘‘(1) IN GENERAL.—The Secretary may make a for any claims arising from exposure to asbestos, AGE ACT.—Section 6(c)(1) of the National Mari- grant under section 5505 of title 49, United polychlorinated biphenyls, or lead paint after time Heritage Act of 1994 (16 U.S.C. 5405(c)(1)) is States Code, to an institute designated under the conveyance of the vessel, except for claims amended— subsection (a) for maritime and maritime inter- arising from use of the vessel by the Government (A) by striking ‘‘2001’’ in subparagraph (A) modal research under that section as if the in- pursuant to the agreement under subparagraph and inserting ‘‘2006’’; and stitute were a university transportation center. (C); and (B) by striking subparagraph (B) and insert- ‘‘(2) ADVICE AND CONSULTATION OF MARAD.— (E) provides sufficient evidence to the Sec- ing the following: In making a grant under the authority of para- retary that it has available for use to restore the ‘‘(B) in the most cost effective manner to the graph (1), the Secretary, through the Research vessel, in the form of cash, liquid assets, or a United States taking into account the need for and Special Programs Administration, shall ad- written loan commitment, financial resources of disposal, the environment, and safety concerns; vise the Maritime Administration concerning the at least $100,000. and’’. availability of funds for the grants, and consult (2) DELIVERY OF VESSEL.—If the Secretary (4) FUNDING FOR SCRAPPING.—Section with the Administration on the making of the conveys the vessel under this section, the Sec- 2218(c)(1)(E) of title 10, United States Code, is grants.’’. retary shall deliver the vessel— amended by inserting ‘‘and scrapping the ves- SEC. 7. MARITIME RESEARCH AND TECHNOLOGY (A) at the place where the vessel is located on sels of’’ after ‘‘maintaining’’. DEVELOPMENT. the date of conveyance; (c) LIMITATION ON SCRAPPING BEFORE PRO- (a) IN GENERAL.—The Secretary of Transpor- (B) in its condition on that date; and GRAM.—Until the report required by subsection tation shall conduct a study of maritime re- (C) at no cost to the United States Govern- (b)(1) is transmitted to the Congress, the Sec- search and technology development, and report ment. retary may not proceed with the scrapping of its findings and conclusions, together with any (3) ADDITIONAL TERMS.—The Secretary may any vessels in the National Defense Reserve recommendations it finds appropriate, to the require such additional terms in connection with Fleet except the following: Congress within 9 months after the date of en- the conveyance authorized by this section as the (1) EXPORT CHALLENGER. actment of this Act. Secretary considers appropriate. (2) EXPORT COMMERCE. (b) REQUIRED AREAS OF STUDY.—The Sec- (c) OTHER UNNEEDED EQUIPMENT.—If the Sec- (3) BUILDER. retary shall include the following items in the retary conveys the vessel under this section, the (4) ALBERT E. WATTS. report required by subsection (a): Secretary may also convey to the corporation (5) WAYNE VICTORY. (1) The approximate dollar values appro- any unneeded equipment from other vessels in (6) MORMACDAWN. priated by the Congress for each of the 5 fiscal the National Defense Reserve Fleet or Govern- (7) MORMACMOON. years ending before the study is commenced for ment storage facilities for use to restore the ves- (8) SANTA ELENA. each of the following modes of transportation: sel to museum quality or to its original configu- (9) SANTA ISABEL. (A) Highway. ration (or both). (10) SANTA CRUZ. (B) Rail. (d) RETENTION OF VESSEL IN NDRF.—The Sec- (11) PROTECTOR. (C) Aviation. retary shall retain in the National Defense Re- (12) LAUDERDALE. (D) Public transit. serve Fleet the vessel authorized to be conveyed (13) PVT. FRED C. MURPHY. (E) Maritime. under this section until the earlier of— (14) BEAUJOLAIS. (2) A description of how Federal funds appro- (1) 2 years after the date of the enactment of (15) MEACHAM. priated for research in the different transpor- this Act; or (16) NEACO. tation modes are utilized. (2) the date of the conveyance of the vessel (17) WABASH. (3) A summary and description of current re- under this section. (18) NEMASKET. search and technology development funds ap- Mr. GRAMS. Mr. President, I ask (19) MIRFAK. propriated for each of those fiscal years for mar- unanimous consent that the committee (20) GEN. ALEX M. PATCH. itime research initiatives, with separate cat- (21) ARTHUR M. HUDDELL. egories for funds provided to the Coast Guard substitute be agreed to, the bill be read (22) WASHINGTON. for marine safety research purposes. the third time and passed, the motion (23) SUFFOLK COUNTY. (4) A description of cooperative mechanisms to reconsider be laid upon the table, (24) CRANDALL. that could be used to attract and leverage non- and that any statements relating to (25) CRILLEY. federal investments in United States maritime the bill be printed in the RECORD. (26) RIGEL. research and technology development and appli- The PRESIDING OFFICER. Without (27) VEGA. cation programs, including the potential for the objection, it is so ordered. (28) COMPASS ISLAND. creation of maritime transportation research (29) DONNER. centers and the benefits of cooperating with ex- The committee amendment in the (30) PRESERVER. isting surface transportation research centers. nature of a substitute was agreed to. (31) MARINE FIDDLER. (5) Proposals for research and technology de- The bill (S. 2487), as amended, was (32) WOOD COUNTY. velopment funding to facilitate the evolution of read the third time and passed. (33) CATAWBA VICTORY. Maritime Transportation System. f (34) GEN. NELSON M. WALKER. (c) AUTHORIZATION OF APPROPRIATIONS.— (35) LORAIN COUNTY. There are authorized to be appropriated $100,000 VESSEL WORKER TAX FAIRNESS (36) LYNCH. to carry out this section. ACT (37) MISSION SANTA YNEZ. SEC. 8. AUTHORITY TO CONVEY NATIONAL DE- Mr. GRAMS. Mr. President, I ask (38) CALOOSAHATCHEE. FENSE RESERVE FLEET VESSEL, (39) CANISTEO. GLACIER. unanimous consent that the Senate (d) BIANNUAL REPORT.—Beginning 1 year (a) AUTHORITY TO CONVEY.—Notwithstanding now proceed to the consideration of after the date of enactment of this Act, the Sec- any other law, the Secretary of Transportation Calendar No. 830, S. 893.

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9553 The PRESIDING OFFICER. The cluded in the original legislation. This zation of prison health care services and con- clerk will report the bill by title. treatment is patently unfair. The trol rising prisoner health care costs,’’ do The legislative clerk read as follows: Transportation Worker Tax Fairness pass with the following amendment: Act will rectify this situation by ex- Strike out all after the enacting clause and A bill (S. 893) to amend title 46, United insert: States Code, to provide equitable treatment tending the same tax treatment to per- with respect to State and local income taxes SECTION 1. SHORT TITLE. sonnel who work on the navigable This Act may be cited as the ‘‘Federal Pris- for certain individuals who perform duties on waters of more than one state. vessels. oner Health Care Copayment Act of 2000’’. Mr. President, this legislation will SEC. 2. HEALTH CARE FEES FOR PRISONERS IN There being no objection, the Senate have no impact on the federal treasury. FEDERAL INSTITUTIONS. proceeded to consider the bill. This measure simply allows those who (a) IN GENERAL.—Chapter 303 of title 18, Mr. MCCAIN. Mr. President, today work our navigable waterways protec- United States Code, is amended by adding at the the Senate is considering S. 893, the tion from double taxation. end the following: Vessel Worker Tax Fairness Act. The This matter came to my attention ‘‘§ 4048. Fees for health care services for pris- bill will provide men and women work- through a series of constituent letters oners ing our nation’s inland waterways the from Columbia River tug boat opera- ‘‘(a) DEFINITIONS.—In this section— same treatment with respect to State tors who are currently facing taxation ‘‘(1) the term ‘account’ means the trust fund and local income taxes as other men from Oregon as well as Washington account (or institutional equivalent) of a prisoner; and women employed in interstate state. I am committed to securing this transportation of commerce receive. ‘‘(2) the term ‘Director’ means the Director of relief for my constituents, as well as the Bureau of Prisons; This measure was passed unanimously hard working tug boat operators across ‘‘(3) the term ‘health care provider’ means any out of the Senate Commerce Com- the nation, before the end of the 106th person who is— mittee on June 15 of this year. Congress. ‘‘(A) authorized by the Director to provide S. 893 declares individuals engaged on Mr. GRAMS. Mr. President, I ask health care services; and a vessel to perform assigned duties in unanimous consent the bill be read the ‘‘(B) operating within the scope of such au- more than one State to be exempt from third time and passed, the motion to thorization; ‘‘(4) the term ‘health care visit’— income taxation laws of States or po- reconsider be laid upon the table, and litical subdivisions of which that indi- ‘‘(A) means a visit, as determined by the Di- that any statements relating to the rector, by a prisoner to an institutional or non- vidual is not a resident. bill be printed in the RECORD. institutional health care provider; and While the Interstate Commerce Act The PRESIDING OFFICER. Without ‘‘(B) does not include a visit initiated by a exempts truck drivers, airline pilots, objection, it is so ordered. prisoner— and railroad employees from being The bill (S. 893) was read the third ‘‘(i) pursuant to a staff referral; or taxed by state and local jurisdictions time and passed, as follows: ‘‘(ii) to obtain staff-approved follow-up treatment for a chronic condition; and in which they do not reside, it does not S. 893 recognize merchant mariners who oper- ‘‘(5) the term ‘prisoner’ means— Be it enacted by the Senate and House of Rep- ‘‘(A) any individual who is incarcerated in an ate vessels in more than one state. It is resentatives of the United States of America in institution under the jurisdiction of the Bureau time we correct this oversight and af- Congress assembled, of Prisons; or ford merchant mariners the same tax SECTION 1. AMENDMENT OF CHAPTER 111 OF ‘‘(B) any other individual, as designated by treatment similar transport operators TITLE 46, UNITED STATES CODE. the Director, who has been charged with or con- are provided due to the interstate na- Section 11108 of title 46, United States victed of an offense against the United States. ture of their business. Code, is amended— ‘‘(b) FEES FOR HEALTH CARE SERVICES.— By passing this measure today, we (1) by inserting ‘‘(a) WITHHOLDING.—’’ be- ‘‘(1) IN GENERAL.—The Director, in accord- will be providing much needed relief to fore ‘‘WAGES’’; and ance with this section and with such regulations as the Director shall promulgate to carry out merchant mariners. Under existing (2) by adding at the end the following: ‘‘(b) LIABILITY.— this section, may assess and collect a fee for law, water transportation workers, in- ‘‘(1) LIMITATION ON JURISDICTION TO TAX.— health care services provided in connection with cluding marine pilots, tow and tugboat An individual to whom this subsection ap- each health care visit requested by a prisoner. workers and others who work aboard plies is not subject to the income tax laws of ‘‘(2) EXCLUSION.—The Director may not assess vessels are often subjected to filing and a State or political subdivision of a State, or collect a fee under this section for preventa- tax requirements by states other than other than the State and political subdivi- tive health care services, emergency services, their state of residence leading to pos- sion in which the individual resides, with re- prenatal care, diagnosis or treatment of chronic sible double taxation. I do not believe spect to compensation for the performance infectious diseases, mental health care, or substance abuse treatment, as determined by the that double taxation is what Congress of duties described in paragraph (2). ‘‘(2) APPLICATION.—This subsection applies Director. intended for any transportation worker to an individual— ‘‘(c) PERSONS SUBJECT TO FEE.—Each fee as- when it crafted the Interstate Com- ‘‘(A) engaged on a vessel to perform assessed under this section shall be collected by merce Act. By passing S. 893 today, we signed duties in more than one State as a the Director from the account of— can make that intent reality. pilot licensed under section 7101 of this title ‘‘(1) the prisoner receiving health care services I thank Senator GORTON for his ef- or licensed or authorized under the laws of a in connection with a health care visit described forts in bringing this bill forward. I State; or in subsection (b)(1); or hope my colleagues will join us in sup- ‘‘(B) who performs regularly-assigned du- ‘‘(2) in the case of health care services provided in connection with a health care visit de- porting passage of this legislation so ties while engaged as a master, officer, or crewman on a vessel operating on the navi- scribed in subsection (b)(1) that results from an we can move it on to the President for gable waters of more than one State.’’. injury inflicted on a prisoner by another pris- his signature. oner, the prisoner who inflicted the injury, as f Mr. GORTON. Mr. President, I am determined by the Director. glad that the U.S. Senate is finally FEDERAL PRISONER HEALTH ‘‘(d) AMOUNT OF FEE.—Any fee assessed and passing the Transportation Worker Tax CARE COPAYMENT ACT OF 2000 collected under this section shall be in an amount of not less than $1. Fairness Act. This bi-partisan legisla- Mr. GRAMS. Mr. President, I ask tion, which I introduced with Senator ‘‘(e) NO CONSENT REQUIRED.—Notwith- that the Chair lay before the Senate a standing any other provision of law, the consent MURRAY, will ensure that transpor- message from the House of Representa- of a prisoner shall not be required for the collec- tation workers who toil away on our tives on the bill, S. 704, to amend title tion of a fee from the account of the prisoner nation’s waterways receive the same 18, United States Code, to combat the under this section. However, each such prisoner tax treatment afforded their peers who overutilization of prison health care shall be given a reasonable opportunity to dis- work on the nation’s highways, rail- services and control rising prisoner pute the amount of the fee or whether the pris- roads, or navigate the skies. oner qualifies under an exclusion under this sec- health care costs. tion. Truck drivers, railroad personnel, The Presiding Officer laid before the and airline personnel are currently ‘‘(f) NO REFUSAL OF TREATMENT FOR FINAN- Senate the following message from the CIAL REASONS.—Nothing in this section may be covered by the Interstate Commerce House of Representatives: construed to permit any refusal of treatment to Act, which exempts their income from Resolved, That the bill from the Senate (S. a prisoner on the basis that— double taxation. Water carriers, who 704) entitled ‘‘An Act to amend title 18, ‘‘(1) the account of the prisoner is insolvent; work on tugboats or ships, were not in- United States Code, to combat the overutili- or

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‘‘(2) the prisoner is otherwise unable to pay a (b) CLERICAL AMENDMENT.—The analysis for shall provide comprehensive coverage for serv- fee assessed under this section. chapter 303 of title 18, United States Code, is ices relating to human immunodeficiency virus ‘‘(g) USE OF AMOUNTS.— amended by adding at the end the following: (HIV) and acquired immune deficiency syn- ‘‘(1) RESTITUTION OF SPECIFIC VICTIMS.— ‘‘4048. Fees for health care services for pris- drome (AIDS) to each Federal prisoner in the Amounts collected by the Director under this oners.’’. custody of such State or local government when section from a prisoner subject to an order of medically appropriate. The State or local gov- SEC. 3. HEALTH CARE FEES FOR FEDERAL PRIS- restitution issued pursuant to section 3663 or ernment may not assess or collect a fee under 3663A shall be paid to victims in accordance ONERS IN NON-FEDERAL INSTITU- TIONS. this subsection for providing such coverage.’’. with the order of restitution. Section 4013 of title 18, United States Code, is ‘‘(2) ALLOCATION OF OTHER AMOUNTS.—Of Mr. GRAMS. Mr. President, I ask amounts collected by the Director under this amended by adding at the end the following: unanimous consent that the Senate section from prisoners not subject to an order of ‘‘(c) HEALTH CARE FEES FOR FEDERAL PRIS- agree to the amendment of the House. restitution issued pursuant to section 3663 or ONERS IN NON-FEDERAL INSTITUTIONS.— The PRESIDING OFFICER. Without 3663A— ‘‘(1) IN GENERAL.—Notwithstanding amounts objection, it is so ordered. paid under subsection (a)(3), a State or local ‘‘(A) 75 percent shall be deposited in the Crime f Victims Fund established under section 1402 of government may assess and collect a reasonable the Victims of Crime Act of 1984 (42 U.S.C. fee from the trust fund account (or institutional FEDERAL JUDICIARY PROTECTION 10601); and equivalent) of a Federal prisoner for health care ACT OF 1999 services, if— ‘‘(B) 25 percent shall be available to the Attor- Mr. GRAMS. Mr. President, I ask ney General for administrative expenses in- ‘‘(A) the prisoner is confined in a non-Federal curred in carrying out this section. institution pursuant to an agreement between unanimous consent that the Senate ‘‘(h) NOTICE TO PRISONERS OF LAW.—Each the Federal Government and the State or local now proceed to the consideration of person who is or becomes a prisoner shall be government; Calendar No. 731, S. 113. provided with written and oral notices of the ‘‘(B) the fee— The PRESIDING OFFICER. The provisions of this section and the applicability ‘‘(i) is authorized under State law; and clerk will report the bill by title. of this section to the prisoner. Notwithstanding ‘‘(ii) does not exceed the amount collected The legislative clerk read as follows: any other provision of this section, a fee under from State or local prisoners for the same serv- A bill (S. 113) to increase the criminal pen- this section may not be assessed against, or col- ices; and alties for assaulting or threatening Federal lected from, such person— ‘‘(C) the services— judges, their family members, and other pub- ‘‘(1) until the expiration of the 30-day period ‘‘(i) are provided within or outside of the in- lic servants, and for other purposes. beginning on the date on which each prisoner in stitution by a person who is licensed or certified the prison system is provided with such notices; under State law to provide health care services There being no objection, the Senate and and who is operating within the scope of such proceeded to consider the bill. ‘‘(2) for services provided before the expiration license; Mr. LEAHY. Mr. President, I am of such period. ‘‘(ii) constitute a health care visit within the pleased to see the Federal Judiciary ‘‘(i) NOTICE TO PRISONERS OF REGULATIONS.— meaning of section 4048(a)(4) of this title; and Protection Act finally being acted on The regulations promulgated by the Director ‘‘(iii) are not preventative health care serv- by the Senate today. In the last Con- under subsection (b)(1), and any amendments to ices, emergency services, prenatal care, diag- gress, I was pleased to cosponsor nearly those regulations, shall not take effect until the nosis or treatment of chronic infectious diseases, identical legislation introduced by expiration of the 30-day period beginning on the mental health care, or substance abuse treat- date on which each prisoner in the prison sys- Senator Gordon SMITH, which unani- ment. mously passed the Senate Judiciary tem is provided with written and oral notices of ‘‘(2) NO REFUSAL OF TREATMENT FOR FINAN- the provisions of those regulations (or amend- CIAL REASONS.—Nothing in this subsection may Committee and the Senate but was not ments, as the case may be). A fee under this sec- be construed to permit any refusal of treatment acted upon by the House of Representa- tion may not be assessed against, or collected to a prisoner on the basis that— tives. I commend the Senator from Or- from, a prisoner pursuant to such regulations ‘‘(A) the account of the prisoner is insolvent; egon for his continued leadership in (or amendments, as the case may be) for services or protecting our Federal judiciary. provided before the expiration of such period. ‘‘(B) the prisoner is otherwise unable to pay a Our bipartisan legislation would pro- ‘‘(j) NOTICE BEFORE PUBLIC COMMENT PE- fee assessed under this subsection. vide greater protection to Federal RIOD.—Before the beginning of any period a ‘‘(3) NOTICE TO PRISONERS OF LAW.—Each per- proposed regulation under this section is open to judges, law enforcement officers and son who is or becomes a prisoner shall be pro- their families. Specifically, our legisla- public comment, the Director shall provide writ- vided with written and oral notices of the provi- ten and oral notice of the provisions of that pro- sions of this subsection and the applicability of tion would: increase the maximum posed regulation to groups that advocate on be- this subsection to the prisoner. Notwithstanding prison term for forcible assaults, re- half of Federal prisoners and to each prisoner any other provision of this subsection, a fee sistance, opposition, intimidation or subject to such proposed regulation. under this section may not be assessed against, interference with a Federal judge or ‘‘(k) REPORTS TO CONGRESS.—Not later than 1 or collected from, such person— law enforcement officer from 3 years year after the date of the enactment of the Fed- ‘‘(A) until the expiration of the 30-day period imprisonment to 8 years; increase the eral Prisoner Health Care Copayment Act of beginning on the date on which each prisoner in maximum prison term for use of a 2000, and annually thereafter, the Director shall the prison system is provided with such notices; transmit to Congress a report, which shall in- deadly weapon or infliction of bodily and injury against a Federal judge or law clude— ‘‘(B) for services provided before the expira- ‘‘(1) a description of the amounts collected tion of such period. enforcement officer from 10 years im- under this section during the preceding 12- ‘‘(4) NOTICE TO PRISONERS OF STATE OR LOCAL prisonment to 20 years; and increase month period; IMPLEMENTATION.—The implementation of this the maximum prison term for threat- ‘‘(2) an analysis of the effects of the imple- ening murder or kidnaping of a mem- mentation of this section, if any, on the nature subsection by the State or local government, and and extent of heath care visits by prisoners; any amendment to that implementation, shall ber of the immediate family of a Fed- ‘‘(3) an itemization of the cost of implementing not take effect until the expiration of the 30-day eral judge or law enforcement officer and administering the program; period beginning on the date on which each from 5 years imprisonment to 10 years. ‘‘(4) a description of current inmate health prisoner in the prison system is provided with It has the support of the Department of status indicators as compared to the year prior written and oral notices of the provisions of that Justice, the United States Judicial implementation (or amendment, as the case may to enactment; and Conference, the United States Sen- ‘‘(5) a description of the quality of health care be). A fee under this subsection may not be as- services provided to inmates during the pre- sessed against, or collected from, a prisoner pur- tencing Commission and the United ceding 12-month period, as compared with the suant to such implementation (or amendments, States Marshal Service. quality of those services provided during the 12- as the case may be) for services provided before It is most troubling that the greatest month period ending on the date of the enact- the expiration of such period. democracy in the world needs this leg- ment of such Act. ‘‘(5) NOTICE BEFORE PUBLIC COMMENT PE- islation to protect the hard working ‘‘(l) COMPREHENSIVE HIV/AIDS SERVICES RE- RIOD.—Before the beginning of any period a men and women who serve in our Fed- QUIRED.—The Bureau of Prisons shall provide proposed implementation under this subsection eral judiciary and other law enforce- comprehensive coverage for services relating to is open to public comment, written and oral no- ment agencies. But, unfortunately, we human immunodeficiency virus (HIV) and ac- tice of the provisions of that proposed implemen- are seeing more violence and threats of quired immune deficiency syndrome (AIDS) to tation shall be provided to groups that advocate each Federal prisoner in the custody of the Bu- on behalf of Federal prisoners and to each pris- violence against officials of our Fed- reau of Prisons when medically appropriate. oner subject to such proposed implementation. eral government. The Bureau of Prisons may not assess or collect ‘‘(6) COMPREHENSIVE HIV/AIDS SERVICES RE- For example, a courtroom in Urbana, a fee under this section for providing such cov- QUIRED.—Any State or local government assess- Illinois was firebombed last year, ap- erage.’’. ing or collecting a fee under this subsection parently by a disgruntled litigant. This

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00150 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9555 follows the horrible tragedy of the ents and cousins and friends. They de- (1) any expression of congressional intent bombing of the federal office building serve our respect and our protection. regarding the appropriate penalties for the in Oklahoma City in 1995. In my home I urge the House of Representatives offense; state during the summer of 1997, a to pass the Federal Judiciary Protec- (2) the range of conduct covered by the offense; Vermont border patrol officer, John tion Act and look forward to its swift (3) the existing sentences for the offense; Pfeiffer, was seriously wounded by Carl enactment into law. (4) the extent to which sentencing en- Drega, during a shootout with Vermont Mr. GRAMS. Mr. President, I ask hancements within the Federal sentencing and New Hampshire law enforcement unanimous consent that the bill be guidelines and the court’s authority to im- officers in which Drega lost his life. read the third time, and passed, the pose a sentence in excess of the applicable Earlier that day, Drega shot and killed motion to reconsider be laid upon the guideline range are adequate to ensure pun- two state troopers and a local judge in table, and that any statements relating ishment at or near the maximum penalty for the most egregious conduct covered by the New Hampshire. Apparently, Drega was to the bill be printed in the RECORD. offense; bent on settling a grudge against the The PRESIDING OFFICER. Without (5) the extent to which Federal sentencing judge who had ruled against him in a objection, it is so ordered. guideline sentences for the offense have been land dispute. The bill (S. 113) was read the third constrained by statutory maximum pen- I had a chance to visit John Pfeiffer time and passed, as follows: alties; in the hospital and met his wife and S. 113 (6) the extent to which Federal sentencing young daughter. Thankfully, Agent Be it enacted by the Senate and House of Rep- guidelines for the offense adequately achieve Pfeiffer has returned to work along the resentatives of the United States of America in the purposes of sentencing as set forth in Vermont border. As a federal law en- Congress assembled, section 3553(a)(2) of title 18, United States Code; forcement officer, Agent Pfeiffer and SECTION 1. SHORT TITLE. (7) the relationship of Federal sentencing This Act may be cited as the ‘‘Federal Ju- his family will receive greater protec- guidelines for the offense to the Federal sen- diciary Protection Act of 1999’’. tion under our bill. tencing guidelines for other offenses of com- There is, of course, no excuse or jus- SEC. 2. ASSAULTING, RESISTING, OR IMPEDING parable seriousness; and tification for someone taking the law CERTAIN OFFICERS OR EMPLOYEES. (8) any other factors that the Commission into their own hands and attacking or Section 111 of title 18, United States Code, considers to be appropriate. is amended— threatening a judge or law enforcement (1) in subsection (a), by striking ‘‘three’’ f officer. Still, the U.S. Marshal Service and inserting ‘‘8’’; and COMMENDING THE LATE ERNEST is concerned with more and more (2) in subsection (b), by striking ‘‘ten’’ and BURGESS, MD, FOR HIS SERVICE threats of harm to our judges and law inserting ‘‘20’’. TO THE NATION enforcement officers. SEC. 3. INFLUENCING, IMPEDING, OR RETALI- The extreme rhetoric that some have ATING AGAINST A FEDERAL OFFI- Mr. GRAMS. Mr. President, I ask used in the past to attack the judiciary CIAL BY THREATENING OR INJUR- unanimous consent that the Senate ING A FAMILY MEMBER. only feeds into this hysteria. For ex- now proceed to the immediate consid- Section 115(b)(4) of title 18, United States eration of S. Res. 363, submitted earlier ample, one of the Republican leaders in Code, is amended— the House of Representatives has been (1) by striking ‘‘five’’ and inserting ‘‘10’’; today by Senator KERREY of Nebraska. quoted as saying: ‘‘The judges need to and The PRESIDING OFFICER. The be intimidated,’’ and if they do not be- (2) by striking ‘‘three’’ and inserting ‘‘6’’. clerk will report the resolution by have, ‘‘we’re going to go after them in SEC. 4. MAILING THREATENING COMMUNICA- title. a big way.’’ I know that this official TIONS. The legislative clerk read a follows: did not intend to encourage violence Section 876 of title 18, United States Code, A resolution (S. Res. 363) commending the against any Federal official, but this is amended— late Ernest Burgess, MD, for his service to (1) by designating the first 4 undesignated the Nation and the international commu- extreme rhetoric only serves to de- paragraphs as subsections (a) through (d), re- grade Federal judges in the eyes of the nity, and expressing the condolences of the spectively; Senate to his family on his death. public. (2) in subsection (c), as so designated, by There being no objection, the Senate Let none of us in the Congress con- adding at the end the following: ‘‘If such a tribute to the atmosphere of hate and communication is addressed to a United proceeded to consider the resolution. violence. Let us treat the judicial States judge, a Federal law enforcement offi- Mr. GRAMS. Mr. President, I ask branch and those who serve within it cer, or an official who is covered by section unanimous consent that the resolution with the respect that is essential to 1114, the individual shall be fined under this be agreed to, the preamble be agreed preserving its public standing. title, imprisoned not more than 10 years, or to, the motion to reconsider be laid We have the greatest judicial system both.’’; and upon the table, and finally that any (3) in subsection (d), as so designated, by statements relating to the resolution in the world, the envy of people around adding at the end the following: ‘‘If such a be printed in the RECORD. the globe who are struggling for free- communication is addressed to a United dom. It is the independence of our States judge, a Federal law enforcement offi- The PRESIDING OFFICER. Without third, co-equal branch of government cer, or an official who is covered by section objection, it is so ordered. that gives it the ability to act fairly 1114, the individual shall be fined under this The resolution (S. Res. 363) was and impartially. It is our judiciary title, imprisoned not more than 10 years, or agreed to. that has for so long protected our fun- both.’’. The preamble was agreed to. damental rights and freedoms and SEC. 5. AMENDMENT OF THE SENTENCING The resolution, with its preamble, GUIDELINES FOR ASSAULTS AND reads as follows: served as a necessary check on over- THREATS AGAINST FEDERAL reaching by the other two branches, JUDGES AND CERTAIN OTHER FED- S. RES. 363 those more susceptible to the gusts of ERAL OFFICIALS AND EMPLOYEES. Whereas Dr. Ernest Burgess practiced med- the political winds of the moment. (a) IN GENERAL.—Pursuant to its authority icine for over 50 years; We are fortunate to have dedicated under section 994 of title 28, United States Whereas Dr. Burgess was a pioneer in the women and men throughout the Fed- Code, the United States Sentencing Commis- field of prosthetic medicine, spearheading sion shall review and amend the Federal sen- groundbreaking advances in hip replacement eral Judiciary and law enforcement in tencing guidelines and the policy statements surgery and new techniques in amputation this country who do a tremendous job of the commission, if appropriate, to provide surgery; under difficult circumstances. They are an appropriate sentencing enhancement for Whereas in 1964, recognizing his work in examples of the hard-working public offenses involving influencing, assaulting, prosthetic medicine, the United States Vet- servants that make up the federal gov- resisting, impeding, retaliating against, or erans’ Administration chose Dr. Burgess to ernment, who are too often maligned threatening a Federal judge, magistrate establish the Prosthetic Research Study, a and unfairly disparaged. It is unfortu- judge, or any other official described in sec- leading center for postoperative amputee nate that it takes acts or threats of vi- tion 111 or 115 of title 18, United States Code. treatment; (b) FACTORS FOR CONSIDERATION.—In car- Whereas Dr. Burgess was the recipient of olence to put a human face on the Fed- rying out this section, the United States the 1985 United States Veterans’ Administra- eral Judiciary and other law enforce- Sentencing Commission shall consider, with tion Olin E. League Award and honored as ment officials, to remind everyone that respect to each offense described in sub- the United States Veterans’ Administration these are people with children and par- section (a)— Distinguished Physician;

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9556 CONGRESSIONAL RECORD — SENATE September 28, 2000 Whereas Dr. Burgess’ work on behalf of dis- (2) 5th Street, NW., on the west; National Law Enforcement Museum at abled veterans has allowed thousands of vet- (3) 4th Street, NW., on the east; and a site located about two blocks from erans to lead full and healthy lives; (4) Indiana Avenue, NW., on the south. the Memorial. The time has come to (b) DESIGN AND PLANS.— Whereas Dr. Burgess was internationally broaden the scope of this museum and recognized for his humanitarian work; (1) IN GENERAL.—In carrying out subsection Whereas Dr. Burgess established the Pros- (a), the Memorial Fund shall be responsible for move it in closer proximity to the Na- thetics Outreach Foundation, which since preparation of the design and plans for the Mu- tional Law Enforcement Officers Me- 1988, has enabled over 10,000 children and seum. morial. adults in the developing world to receive (2) APPROVAL.—The design and plans for the This museum would serve as a reposi- quality prostheses; Museum shall be subject to the approval of— tory of information for researchers, Whereas Dr. Burgess’ lifelong commitment (A) the Secretary; practitioners, and the general public. (B) the Commission of Fine Arts; and to humanitarian causes led him to establish The museum will become the premiere a demonstration clinic in Vietnam to pro- (C) the National Capital Planning Commis- sion. source of information on issues related vide free limbs to thousands of amputees; to law enforcement history and safety, Whereas Dr. Burgess received numerous (3) DESIGN REQUIREMENT.—The Museum shall professional and educational distinctions be designed so that not more than 35 percent of and obviously a popular tourist attrac- recognizing his efforts on behalf of those in the volume of the structure is above the floor tion in Washington, DC, as well. need of care; elevation at the north rear entry of Court Build- The ideal location for this museum is Whereas Dr. Burgess’ exceptional service ing D, also known as ‘‘Old City Hall’’. directly across from the National Law (c) OPERATION.—The Memorial Fund shall and his unfailing dedication to improving Enforcement Officers Memorial on a own, operate, and maintain the Museum after the lives of thousands of individuals merit completion of construction. parcel of federal-owned property that high esteem and admiration; and (d) FEDERAL SHARE.—The United States shall now functions as a parking lot. Whereas the Senate learned with sorrow of pay no expense incurred in the establishment or I introduced this legislation on July the death of Dr. Burgess on September 26, construction of the Museum. 27, 1999, and after committee hearings 2000: Now, therefore, be it (e) FUNDING VERIFICATION.—The Secretary Resolved, That the Senate— and extensive testimony, the Senate shall not permit construction of the Museum to (1) extends its deepest condolences to the Committee on Energy and Natural Re- begin unless the Secretary determines that suffi- family of Ernest Burgess, M.D.; sources reported the bill in July of this cient amounts are available to complete con- (2) commends and expresses its gratitude year. Although the bill was pending on struction of the Museum in accordance with the to Ernest Burgess, M.D. and his family for a design and plans approved under subsection (b). the Senate calendar awaiting final ac- life devoted to providing care and service to (f) FAILURE TO CONSTRUCT.—If the Memorial tion by the Senate, I was pleased to his fellow man; and Fund fails to begin construction on the Museum work with my colleagues, Senator (3) directs the Secretary of the Senate to by the date that is 10 years after the date of en- THOMPSON, Chairman of the Govern- communicate this resolution to the House of actment of this Act, the authority to construct Representatives and transmit an enrolled ment Affairs Committee, and Senator the Museum shall terminate on that date. copy thereof to the family of the deceased. DURBIN, the Ranking Member of the Mr. CAMPBELL. Mr. President, I am f Subcommittee on Oversight of Govern- pleased that the Senate is about to ment Management, Restructuring and NATIONAL LAW ENFORCEMENT consider and pass S. 1438, the National the District of Columbia, on a com- MUSEUM ACT Law Enforcement Museum Act of 1999. promise amendment. Mr. GRAMS. Mr. President, I ask This legislation will authorize the con- After over two months of negotia- unanimous consent that the Senate struction of a National Law Enforce- tions, the National Law Enforcement now proceed to the consideration of ment Museum to be built here in our Officers Memorial Fund and the Dis- Calendar No. 664, S. 1438. Nation’s Capital. trict of Columbia Courts reached an The PRESIDING OFFICER. The As a former deputy sheriff, I know agreement to clarify that the building clerk will report the bill by title. first-hand the risks peace officers face of this museum will in no way conflict The legislative clerk read as follows: in enforcing our laws. Throughout our with court expansion and renovation A bill (S. 1438) to establish the National nation’s history, nearly 15,000 federal, plans. As a result of this agreement, Law Enforcement Museum on Federal lands state, and local law enforcement offi- Senators THOMPSON and DURBIN have in the District of Columbia. cers have lost their lives in the line of offered an amendment with my support There being no objection, the Senate duty. Based on FBI statistics, nearly to reflect this agreement with the proceeded to consider the bill which 63,000 officers are assaulted each year courts. had been reported from the Committee in this country, resulting in more than Under my legislation, no federal dol- on Energy and Natural Resources, with 21,000 injuries. On average, one police lars are being proposed to build this an amendment to strike all after the officer is killed somewhere in America museum. Rather, the Fund would raise enacting clause and insert the part every 54 hours. Approximately 740,000 all of the money necessary to construct printed in italic. law enforcement professionals are con- the museum through private dona- SECTION 1. SHORT TITLE. tinuing to put their lives on the line tions. The legislation places the re- This Act may be cited as the ‘‘National Law for the safety and protection of others. sponsibility of operating the museum Enforcement Museum Act’’. We owe all of those officers a huge in the hands of the Fund. SEC. 2. FINDING. debt of gratitude, and it is only fitting Finally, let me add that this legisla- Congress finds that there should be estab- that we properly commemorate this tion is supported by 15 national law en- lished a National Law Enforcement Museum to outstanding record of service and sac- forcement organizations: the Concerns honor and commemorate the service and sacrifice. of Police Survivors; the Federal Law rifice of law enforcement officers in the United My legislation seeks to achieve this Enforcement Officers Association; the States. important goal by authorizing the Na- Fraternal Order of Police; the Fra- SEC. 3. DEFINITIONS. tional Law Enforcement Officers Me- ternal Order of Police Auxiliary; the In this Act: morial Fund, a nonprofit organization, International Association of Chiefs of (1) MEMORIAL FUND.—The term ‘‘Memorial Fund’’ means the National Law Enforcement to establish a comprehensive law en- Police; the International Brotherhood Officers Memorial Fund, Inc. forcement museum and research repos- of Police Officers; the International (2) MUSEUM.—The term ‘‘Museum’’ means the itory on federal land in the District of Union of Police Associations/AFL–CIO; National Law Enforcement Museum established Columbia. The Fund is the same group the National Association of Police Or- under section 4(a). that so ably carried out the congres- ganizations; the National Black Police (3) SECRETARY.—The term ‘‘Secretary’’ means sional mandate of 1984 to establish the Association; the National Organization the Secretary of the Interior. National Law Enforcement Officers of Black Law Enforcement Executives; SEC. 4. NATIONAL LAW ENFORCEMENT MUSEUM. Memorial, which was dedicated in 1991 the National Sheriffs Association; the (a) ESTABLISHMENT.—The Memorial Fund just a few blocks from the Capitol. National Troopers Coalition; the Police may construct a National Law Enforcement Mu- Clearly, their record of achievement Executive Research Forum; the Police seum on Federal land located on United States Reservation #7, on the property directly south speaks volumes about their ability to Foundation; the United Federation of of the National Law Enforcement Officers Me- meet this important challenge. Police; and the National Law Enforce- morial, bounded by— Since 1993, the Fund has efficiently ment Council. Together, these organi- (1) E Street, NW., on the north; operated a small-scale version of the zations represent virtually every law

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00152 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 28, 2000 CONGRESSIONAL RECORD — SENATE S9557 enforcement officer, family member (i) an area extending to a line that is at There being no objection, the Senate and police survivor in the United least 57 feet, 6 inches, north of the northern- proceeded to consider the bill. States. most facade of Old City Hall and parallel to Mr. GRAMS. Mr. President, I ask As we remember the sacrifices made that facade; plus unanimous consent that the bill be (ii) an area extending beyond that line and by our brave officers, I strongly urge comprising a part of a circle with a radius of read the third time and passed, the mo- my colleagues to support passage of 40 feet measured from a point that is 59 feet, tion to reconsider be laid upon the this legislation. I also call on our col- 9 inches, from the center of that facade; table, and that any statements relating leagues in the House to pass this im- (B) the underground portion of the Mu- to the bill be printed in the RECORD. portant bill before the Congress ad- seum has a footprint of not less than 23,665 The PRESIDING OFFICER. Without journs for the year. square feet; objection, it is so ordered. (C) above ground, there is a no-build zone AMENDMENT NO. 4279 The bill (H.R. 4115) was read the third of 90 feet out from the northernmost face of time and passed. (Purpose: To provide a complete substitute) the north portico of the existing Old City Mr. GRAMS. Mr. President, I send an Hall running east to west parallel to Old f amendment to the desk and ask for its City Hall; MEASURE READ THE FIRST immediate consideration. (D) the aboveground portion of the Mu- TIME—H.R. 5272 The PRESIDING OFFICER. The seum consists of 2 entrance pavilions total- clerk will report. ing a maximum of 10,000 square feet, neither Mr. GRAMS. Mr. President, I under- The legislative clerk read as follows: of which shall exceed 6,000 square feet and stand that H.R. 5272 is at the desk, and the height of neither of which shall exceed 25 I ask for its first reading. The Senator from Minnesota [Mr. GRAMS], feet, as measured from the curb of the west- for Mr. THOMPSON, proposes an amendment ernmost pavilion; and The PRESIDING OFFICER. The numbered 4279. (E) no portion of the aboveground portion clerk will report the bill by title. The amendment is as follows: of the Museum is located within the 100-foot- The legislative clerk read as follows: Strike all after the enacting clause and in- wide area centered on the north-south axis of A bill (H.R. 5272) to provide for a United sert the following: the Old City Hall. States response in the event of a unilateral (4) PARKING.—The courts of the District of declaration of a Palestinian state. SECTION 1. SHORT TITLE. Columbia and the United States Court of Ap- Mr. GRAMS. Mr. President, I ask for This Act may be cited as the ‘‘National peals for the Armed Forces may construct an Law Enforcement Museum Act’’. underground parking structure in the south- its second reading, and object to my SEC. 2. FINDING. west quadrant of United States Reservation own request. Congress finds that there should be estab- #7. The PRESIDING OFFICER. The bill lished a National Law Enforcement Museum (c) OPERATION AND USE.—The Memorial will receive its second reading on the to honor and commemorate the service and Fund shall own, operate, and maintain the next legislative day. sacrifice of law enforcement officers in the Museum after completion of construction. United States. (d) FEDERAL SHARE.—The United States f SEC. 3. DEFINITIONS. shall pay no expense incurred in the estab- MEASURE READ THE FIRST In this Act: lishment or construction of the Museum. TIME—S. 3137 (1) MEMORIAL FUND.—The term ‘‘Memorial (e) FUNDING VERIFICATION.—The Secretary Fund’’ means the National Law Enforcement shall not permit construction of the Museum Mr. GRAMS. Mr. President, I under- Officers Memorial Fund, Inc. to begin unless the Secretary determines stand that S. 3137 is at the desk, and I (2) MUSEUM.—The term ‘‘Museum’’ means that sufficient amounts are available to ask for its first reading. the National Law Enforcement Museum es- complete construction of the Museum in ac- The PRESIDING OFFICER. The tablished under section 4(a). cordance with the design and plans approved clerk will report the bill by title. under subsection (b). (3) SECRETARY.—The term ‘‘Secretary’’ The legislative clerk read as follows: means the Secretary of the Interior. (f) FAILURE TO CONSTRUCT.—If the Memo- rial Fund fails to begin construction of the A bill (S. 3137) to establish a commission to SEC. 4. NATIONAL LAW ENFORCEMENT MUSEUM. Museum by the date that is 10 years after the commemorate the 258th anniversary of the (a) CONSTRUCTION.— date of enactment of this Act, the authority birth of James Madison. (1) IN GENERAL.—The Memorial Fund may to construct the Museum shall terminate on construct a National Law Enforcement Mu- Mr. GRAMS. Mr. President, I ask for that date. seum on Federal land located on United its second reading and object to my States Reservation #7, on the property Mr. GRAMS. Mr. President, I ask own request. bounded by— unanimous consent that the amend- The PRESIDING OFFICER. The bill (A) the National Law Enforcement Officers ment be agreed to, the committee will receive its second reading on the Memorial on the north; amendment, as amended, be agreed to, next legislative day. (B) the United States Court of Appeals for the bill be read the third time and f the Armed Forces on the west; passed, the motion to reconsider be (C) Court Building C on the east; and AUTHORITY TO FILE LEGISLATIVE (D) Old City Hall on the south. laid upon the table, and that any state- (2) UNDERGROUND FACILITY.—The Memorial ments relating to the bill be printed in OR EXECUTIVE MATTERS Fund shall be permitted to construct part of the RECORD. Mr. GRAMS. Mr. President, I ask the Museum underground below E Street, The PRESIDING OFFICER. Without unanimous consent that notwith- NW. objection, it is so ordered. standing a recess or adjournment, Sen- (3) CONSULTATION.—The Museum Fund The amendment (No. 4279) was agreed ate committees have from 10 a.m. until shall consult with and coordinate with the to. 12 p.m. on Friday, September 29, in Joint Committee on Administration of the The committee amendment in the order to file legislative or executive District of Columbia courts in the planning, nature of a substitute, as amended, was matters. design, and construction of the Museum. agreed to. (b) DESIGN AND PLANS.— The PRESIDING OFFICER. Without The bill (S. 1438), as amended, was (1) IN GENERAL.—In carrying out subsection objection, it is so ordered. (a), the Memorial Fund shall be responsible read the third time, and passed. f for preparation of the design and plans for f the Museum. UNITED STATES HOLOCAUST ORDERS FOR MONDAY, OCTOBER 2, (2) APPROVAL.—The design and plans for 2000 the Museum shall be subject to the approval MEMORIAL MUSEUM of— Mr. GRAMS. Mr. President, I ask Mr. GRAMS. Mr. President, I ask (A) the Secretary; unanimous consent that the Senate unanimous consent that when the Sen- (B) the Commission of Fine Arts; and now proceed to the consideration of ate completes its business today, it re- (C) the National Capital Planning Commis- Calendar No. 858, H.R. 4115. cess until the hour of 12 noon on Mon- sion. The PRESIDING OFFICER. The day, October, 2. I further ask consent (3) DESIGN REQUIREMENTS.—The Museum that on Monday, immediately fol- shall be designed so that— clerk will report the bill by title. (A) there is available for underground The legislative clerk read as follows: lowing the prayer, the Journal of pro- planned use by the courts of the District of A bill (H.R. 4115) to authorize appropria- ceedings be approved to date, the time Columbia for renovation and expansion of tions for a United States Holocaust Memo- for the two leaders be reserved for their Old City Hall— rial Museum, and for other purposes. use later in the day, and the Senate

VerDate Mar 15 2010 23:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00153 Fmt 4624 Sfmt 0634 E:\2000SENATE\S28SE0.REC S28SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9558 CONGRESSIONAL RECORD — SENATE September 28, 2000 then begin a period of morning busi- HE WAS APPOINTED DURING THE LAST RECESS OF THE HOLLY J. BURKHALTER, OF THE DISTRICT OF COLUM- SENATE. BIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF ness until 2 p.m., with Senators speak- SUE BAILEY, OF MARYLAND, TO BE ADMINISTRATOR THE UNITED STATES INSTITUTE OF PEACE FOR A TERM OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS- EXPIRING JANUARY 19, 2005. (REAPPOINTMENT) ing for up to 5 minutes each, with the TRATION, VICE RICARDO MARTINEZ, RESIGNED, TO following exceptions: Senator BYRD, or WHICH POSITION SHE WAS APPOINTED DURING THE FEDERAL MINE SAFETY AND HEALTH his designee, 60 minutes; Senator LAST RECESS OF THE SENATE. ADMINISTRATION EXECUTIVE OFFICE OF THE PRESIDENT THOMAS, or his designee, 60 minutes. JAMES CHARLES RILEY, OF VIRGINIA, TO BE A MEM- The PRESIDING OFFICER. Without GEORGE T. FRAMPTON, JR., OF THE DISTRICT OF CO- BER OF THE FEDERAL MINE SAFETY AND HEALTH RE- LUMBIA, TO BE A MEMBER OF THE COUNCIL ON ENVIRON- VIEW COMMISSION FOR A TERM EXPIRING AUGUST 30, objection, it is so ordered. MENTAL QUALITY, VICE KATHLEEN A. MCGINTY, RE- 2006 (REAPPOINTMENT), TO WHICH POSITION HE WAS AP- SIGNED, TO WHICH POSITION HE WAS APPOINTED DUR- POINTED DURING THE LAST RECESS OF THE SENATE. f ING THE LAST RECESS OF THE SENATE. NATIONAL COMMISSION ON LIBRARIES AND PROGRAM ENVIRONMENTAL PROTECTION AGENCY INFORMATION SCIENCE W. MICHAEL MCCABE, OF PENNSYLVANIA, TO BE DEP- DONALD L. ROBINSON, OF THE DISTRICT OF COLUMBIA, Mr. GRAMS. For the information of UTY ADMINISTRATOR OF THE ENVIRONMENTAL PROTEC- TO BE A MEMBER OF THE NATIONAL COMMISSION ON LI- TION AGENCY, VICE FREDERIC JAMES HANSEN, RE- BRARIES AND INFORMATION SCIENCE FOR A TERM EX- all Senators, the Senate will be in a pe- SIGNED, TO WHICH POSITION HE WAS APPOINTED DUR- PIRING JULY 19, 2002, VICE GARY N. SUDDITH. riod of morning business until 2 p.m. ING THE LAST RECESS OF THE SENATE. on Monday. Following morning busi- DEPARTMENT OF COMMERCE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES ness, the Senate will resume consider- ARTHUR C. CAMPBELL, OF TENNESSEE, TO BE ASSIST- ation of the motion to proceed to S. ANT SECRETARY OF COMMERCE FOR ECONOMIC DEVEL- ISABEL CARTER STEWART, OF ILLINOIS, TO BE A MEM- OPMENT (NEW POSITION), TO WHICH POSITION HE WAS BER OF THE NATIONAL COUNCIL ON THE HUMANITIES 2557, the bill regarding America’s de- APPOINTED DURING THE LAST RECESS OF THE SENATE. FOR A TERM EXPIRING JANUARY 26, 2006, VICE DAVID pendency on foreign oil. No votes will APPALACHIAN REGIONAL COMMISSION FINN, TERM EXPIRED. occur prior to 5:30 p.m. on Monday. ELLA WONG-RUSINKO, OF VIRGINIA, TO BE ALTERNATE DEPARTMENT OF JUSTICE However, at 5:30 p.m., the Senate will FEDERAL COCHAIRMAN OF THE APPALACHIAN RE- BILL LANN LEE, OF CALIFORNIA, TO BE AN ASSISTANT proceed to a vote on the conference re- GIONAL COMMISSION, VICE HILDA GAY LEGG, RESIGNED, ATTORNEY GENERAL, VICE DEVAL L. PATRICK, RE- TO WHICH POSITION SHE WAS APPOINTED DURING THE SIGNED, TO WHICH POSITION HE WAS APPOINTED DUR- port to accompany the energy and LAST RECESS OF THE SENATE. ING THE LAST RECESS OF THE SENATE. DEPARTMENT OF STATE water appropriations bill. STATE JUSTICE INSTITUTE f JOHN DAVID HOLUM, OF MARYLAND, TO BE UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL ARTHUR A. MCGIVERIN, OF IOWA, TO BE A MEMBER OF SECURITY, DEPARTMENT OF STATE (NEW POSITION), TO THE BOARD OF DIRECTORS OF THE STATE JUSTICE IN- RECESS UNTIL MONDAY, OCTOBER WHICH POSITION HE WAS APPOINTED DURING THE LAST STITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2003. (RE- 2, 2000 RECESS OF THE SENATE. APPOINTMENT) ROBIN CHANDLER DUKE, OF NEW YORK, TO BE AMBAS- DEPARTMENT OF JUSTICE Mr. GRAMS. Mr. President, if there SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO NORWAY, TO STEVEN CLAYTON STAFFORD, OF CALIFORNIA, TO BE is no further business to come before WHICH POSITION SHE WAS APPOINTED DURING THE UNITED STATES MARSHAL FOR THE SOUTHERN DIS- the Senate, I now ask unanimous con- LAST RECESS OF THE SENATE. TRICT OF CALIFORNIA FOR THE TERM OF FOUR YEARS, CARL SPIELVOGEL, OF NEW YORK, TO BE AMBASSADOR VICE STEPHEN SIMPSON GREGG, RESIGNED. sent that the Senate stand in recess EXTRAORDINARY AND PLENIPOTENTIARY OF THE DAVID W. OGDEN, OF VIRGINIA, TO BE AN ASSISTANT under the previous order. UNITED STATES OF AMERICA TO THE SLOVAK REPUBLIC, ATTORNEY GENERAL, VICE FRANK HUNGER, RESIGNED, TO WHICH POSITION HE WAS APPOINTED DURING THE TO WHICH POSITION HE WAS APPOINTED DURING THE There being no objection, the Senate, LAST RECESS OF THE SENATE. LAST RECESS OF THE SENATE. at 7:18 p.m., recessed until Monday, Oc- JAMES M. DALEY, OF MASSACHUSETTS, TO BE AMBAS- RANDOLPH D. MOSS, OF MARYLAND, TO BE AN ASSIST- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF ANT ATTORNEY GENERAL, VICE WALTER DELLINGER, TO tober 2, 2000, at 12 noon. THE UNITED STATES OF AMERICA TO BARBADOS, AND TO WHICH POSITION HE WAS APPOINTED DURING THE LAST SERVE CONCURRENTLY AND WITHOUT ADDITIONAL COM- RECESS OF THE SENATE. f PENSATION AS AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA STATE JUSTICE INSTITUTE NOMINATIONS TO ST. KITTS AND NEVIS AND TO SAINT LUCIA, TO WHICH ROBERT A. MILLER, OF SOUTH DAKOTA, TO BE A MEM- POSITION HE WAS APPOINTED DURING THE LAST RE- BER OF THE BOARD OF DIRECTORS OF THE STATE JUS- Executive nominations received by CESS OF THE SENATE. TICE INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, the Senate September 28, 2000: EXECUTIVE OFFICE OF THE PRESIDENT 2003. (REAPPOINTMENT) DEPARTMENT OF COMMERCE SALLY KATZEN, OF THE DISTRICT OF COLUMBIA, TO BE IN THE AIR FORCE DEPUTY DIRECTOR FOR MANAGEMENT, OFFICE OF MAN- ROBERT S. LARUSSA, OF MARYLAND, TO BE UNDER AGEMENT AND BUDGET, VICE G. EDWARD DE SEVE, TO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SECRETARY COMMERCE FOR INTERNATIONAL TRADE, WHICH POSITION SHE WAS APPOINTED DURING THE AS PERMANENT PROFESSORS, UNITED STATES AIR VICE DAVID L. AARON, RESIGNED, TO WHICH POSITION LAST RECESS OF THE SENATE. FORCE ACADEMY, UNDER TITLE 10, U.S.C., SECTIONS HE WAS APPOINTED DURING THE LAST RECESS OF THE 9333(B) AND 9336(A): SENATE. UNITED STATES INSTITUTE OF PEACE To be colonel FEDERAL HOUSING FINANCE BOARD SHIBLEY TELHAMI, OF MARYLAND, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED STATES DOUGLAS N. BARLOW, 0000 FRANZ S. LEICHTER, OF NEW YORK, TO BE A DIRECTOR INSTITUTE OF PEACE FOR A TERM EXPIRING JANUARY GREGORY E. SEELY, 0000 OF THE FEDERAL HOUSING FINANCE BOARD FOR A TERM 19, 2001, VICE THOMAS E. HARVEY, TERM EXPIRED. EXPIRING FEBRUARY 27, 2006, VICE DANIEL F. EVANS, SHIBLEY TELHAMI, OF MARYLAND, TO BE A MEMBER IN THE ARMY TERM EXPIRED, TO WHICH POSITION HE WAS APPOINTED OF THE BOARD OF DIRECTORS OF THE UNITED STATES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DURING THE LAST RECESS OF THE SENATE. INSTITUTE OF PEACE FOR A TERM EXPIRING JANUARY IN THE RESERVE OF THE ARMY TO THE GRADE INDI- 19, 2005. (REAPPOINTMENT) DEPARTMENT OF TRANSPORTATION CATED UNDER TITLE 10, U.S.C., SECTION 12203: BARBARA W. SNELLING, OF VERMONT, TO BE A MEM- FRANCISCO J. SANCHEZ, OF FLORIDA, TO BE AN AS- BER OF THE BOARD OF DIRECTORS OF THE UNITED To Be Major General SISTANT SECRETARY OF TRANSPORTATION, VICE STATES INSTITUTE OF PEACE FOR A TERM EXPIRING CHARLES A. HUNNICUTT, RESIGNED, TO WHICH POSITION JANUARY 19, 2005. (REAPPOINTMENT) BRIG. GEN. BRUCE B. BINGHAM, 0000

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