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

Vol. 146 WASHINGTON, TUESDAY, SEPTEMBER 12, 2000 No. 106 House of Representatives The House met at 12:30 p.m. and was LIVABLE COMMUNITIES questions about both his judgment and called to order by the Speaker pro tem- The SPEAKER pro tempore. Under his commitment to the environment. Indeed, sad as his performance has pore (Mr. ISAKSON). the Speaker’s announced policy of Jan- f been, it is the lack of perception and uary 19, 1999, the gentleman from Or- passion that I find most disturbing. He DESIGNATION OF SPEAKER PRO egon (Mr. BLUMENAUER) is recognized seems unaware of the Texas environ- TEMPORE during morning hour debates for 5 min- mental problems. Where is his outrage The SPEAKER pro tempore laid be- utes. and his concern that, under his leader- fore the House the following commu- Mr. BLUMENAUER. Mr. Speaker, as ship, Houston has become the city in nication from the Speaker: the American public weighs the person- the country with the worst air quality? alities, the politics, the policies, and WASHINGTON, DC, This environmental indifference, if September 12, 2000. the passions of this election year, there combined with that of the Republican I hereby appoint the Honorable JOHNNY is one area where their differences leadership in this Congress, could be ISAKSON to act as Speaker pro tempore on could not be more clear, the commit- disastrous. this day. ment to livable communities and a The Clinton/Gore administration has J. DENNIS HASTERT, cleaner environment. In the long run, been perhaps the most environmentally Speaker of the House of Representatives. there may be no area where the deci- sensitive in history, but progress has f sions are more significant. been slowed not just by the complexity MESSAGE FROM THE SENATE The forces of environmental degrada- of today’s environmental problems but tion will not be easy to reverse. Clean- by highly organized special interests A message from the Senate by Mr. ing up our waterways and dealing with and, sadly, by a Republican-controlled Lundregan, one of its clerks, an- the consequences of unplanned growth Congress that has been one of the least nounced that the Senate agreed to the and sprawl may take decades. Revers- sensitive in history. following resolution: ing global warming may take thou- For example, since the Gingrich revo- S. RES. 352 sands of years. We have no time to lution, the EPA has been under contin- Resolved, That the Senate has heard with waste. uous assault and a series of destructive profound sorrow and deep regret the an- riders have made the budget process an Luckily for the American public, AL nouncement of the death of the Honorable ordeal every single year for the envi- GORE and JOE LIEBERMAN have the very Herbert H. Bateman, late a Representative ronment. highest rating from the people whose from the Commonwealth of Virginia. Bipartisan alliances to protect the job it is to advocate for and monitor Resolved, That the Secretary communicate environment should be the rule, and we these resolutions to the House of Represent- congressional performance on the envi- have seen them on this floor. I salute atives and transmit an enrolled copy thereof ronment. to the family of the deceased. the work of the gentleman from Penn- One does not have to be merely con- sylvania (Mr. SHUSTER) and the gen- Resolved, That when the Senate adjourns cerned about the stated environmental today, it stand adjourned as a further mark tleman from Minnesota (Mr. OBERSTAR) of respect to the memory of the deceased policies and positions of a Bush/Cheney with TEA–21, keeping the framework in Representative. administration, like drilling in the place, of the gentleman from Alaska] f Arctic Wilderness Reserve or reversing (Mr. YOUNG) and the gentleman from monument status protections for some California (Mr. GEORGE MILLER) on MORNING HOUR DEBATES of our national treasures. CARA, with the gentleman from Ne- The SPEAKER pro tempore. Pursu- The Republican ticket also has an en- braska (Mr. BEREUTER) working with ant to the order of the House of Janu- vironmental record. Dick Cheney, in me on flood insurance reform. But ary 19, 1999, the Chair will now recog- his 12 years in this Chamber, compiled these, sadly, have been the rare excep- nize Members from lists submitted by one of the worst environmental voting tion. the majority and minority leaders for records. Governor Bush, after two The leader of the other body not only morning hour debates. The Chair will terms leading the State of Texas, has proclaims brownfields reform to be off- alternate recognition between the par- failed to lead his State from the bot- limits but actually puts this incredible ties, with each party limited to not to tom ranks in air and water quality. His pledge in writing. In the House, the exceed 30 minutes, and each Member, voluntary approach for polluting indus- majority leader and the majority whip except the majority leader, the minor- tries out of compliance with air quality have an environmental voting record of ity leader, or the minority whip, lim- standards has resulted in only 30 of 461 zero from the League of Conservation ited to not to exceed 5 minutes. companies stepping forward, raising Voters.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate 12-SEP-2000 02:59 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.000 pfrm02 PsN: H12PT1 H7376 CONGRESSIONAL RECORD — HOUSE September 12, 2000 We should also consider the hidden Veterans Affairs’ was in a crisis. VA VA veterans come in to talk to physi- environmental issue of this election, was losing critical, even irreplaceable, cians about their health care history. that of judicial appointments. The assets from its clinical base. The Na- This will aid any veteran who subse- third branch of government, the judici- tion’s hospitals in general were suf- quently files a claim of disability, espe- ary, has at times played a key role in fering acute shortages of trained cially given our newfound acquisition protecting the environment by requir- nurses, and indeed the VA itself was of knowledge with the Gulf War Syn- ing the enforcement of environmental viewed as a major recruitment source drome, and that military combat laws, preventing overreaching by pub- by these hospitals. Because of the na- causes stress, exposures may be associ- lic and private parties. Governor Bush ture of the payroll system for Federal ated with pesticides and other things, has voiced enthusiasm for judges in the employees, it is sort of a ponderous and all this might lead to disease later mold of Scalia and Thomas. Judicial civil service system. VA was powerless in life. appointments along these lines could to react in a highly competitive, vola- So I want to commend the Vietnam not only hamstring an administration tile arena. The quality of care was in Veterans of America for bringing this for years but could cripple environ- danger. proposal to me. It is a valuable con- mental enforcement for a generation. In the 101st Congress, we went ahead tribution to this bill. There are some who suggest there is and tried to correct that, but we did Finally, I want to talk about another no difference between the Republicans not quite complete the job. So we had very innovative idea that is crafted in this bill with the help of the gentleman and the Democrats in this election. a hearing in the subcommittee earlier from Florida (Mr. WELDON). His pro- When it comes to the environment, the this year on the status of VA’s work posal will set up a pilot program in- reality is stark. The Democrats have a with special focus on the pay situation volving not more than four VA clinic positive record of support and accom- of VA nurses. Mr. Speaker, what we found was very service areas. Within these areas, en- plishment, of sympathy and passion for rolled veterans in need of uncompli- disappointing. In fact, we learned that the environment. The Republican tick- cated hospital admissions would be re- many VA nurses had not received any et offers indifferent voting record, cur- ferred to community hospitals rather increases in pay since our 1990 legisla- sory performance in office, and advo- than being sent to VA Hospitals. cacy of dangerous, even reckless, envi- tion 10 years ago. While those initial So if there are far distances from ronmental policies. pay increases were in many cases sub- these hospitals, they will be able to go Our air, the water, the landscape, our stantial, in the course of time, other to a local hospital. We found out that precious natural resources do not have VA employee groups had caught up be- this saves 15 percent in cost savings. the time to survive benign neglect, ma- cause of the annual comparability So, Mr. Speaker, I urge all of my col- licious indifference, let alone active as- raises available to every Federal em- leagues to support my bill, and I look sault. ployee. So the nurses of the VA found forward to its passage on the House There is a huge difference, perhaps themselves in a situation that they floor. more than any other issue, that of the were not competitive, they were at a Our bill is bipartisan and major provisions of environment. The stakes for the envi- disadvantage, and some were leaving to it are already endorsed by several organiza- ronment could not be higher, and the go to the private sector. And this is tions, including Vietnam Veterans of America, public should give it the attention that again creating a crisis. the Nursing Organization of Veterans Affairs it deserves. We in the Veterans’ Affairs cannot and the American Dental Association, and the f afford to lose these specialized individ- largest federal union, the American Federation uals. Therefore, in addition to the of Government Employees (AFGE), among DEPARTMENT OF VETERANS AF- guaranteed national pay raises for others. FAIRS HEALTH CARE PER- nurses that was put in our bill, the sub- f SONNEL ACT OF 2000 committee has crafted necessary ad- IN RECOGNITION OF DR. DIANA S. The SPEAKER pro tempore. Under justments to the locality survey mech- NATALICIO, PRESIDENT OF UNI- the Speaker’s announced policy of Jan- anism, which is a special formula that VERSITY OF TEXAS AT EL PASO uary 19, 1999, the gentleman from Flor- is set up to take care of nurses and ida (Mr. STEARNS) is recognized during their pay increases to ensure that data The SPEAKER pro tempore. Under morning hour debates for 5 minutes. are available when needed and to speci- the Speaker’s announced policy of Jan- Mr. STEARNS. Mr. Speaker, in all fy that certain steps be taken when uary 19, 1999, the gentleman from deference to my colleague from Or- they were necessary that lead to these Texas (Mr. REYES) is recognized during egon, the zero rating that he cited for appropriate salary increases for their morning hour debates for 5 minutes. Secretary Cheney in his voting while in nurses. Mr. REYES. Mr. Speaker, I rise Congress was from a group that is real- Mr. Speaker, this bill also addresses today to recognize Dr. Diana S. ly very socialistic and makes its deci- recommendations of the VA’s Quadren- Natalicio, an outstanding individual sions based upon emotion and not upon nial Pay Report concerning VA den- and role model in both the Hispanic science. Governor Bush is dedicated to tists. Now, this is another area where and academic community. Dr. Natalicio is currently president making decisions on the basis of we are losing specialized people. We of the University of Texas at El Paso, science and economics and not just want to bring their pay up to contem- otherwise known as UTEP, a position emotions when it comes to our envi- porary balance with compensation of that she has held since 1988. She re- ronment. hospital-based dentists in the private ceived her bachelor’s degree in Spanish So I ask my colleague to review the sector, or we are going to lose all the from St. Louis University; her master’s record of Governor Bush and look care- dentists in the VA system. This is the degree in Portuguese; and a doctorate fully at the votes of Secretary Cheney first change in 10 years in VA dentists in linguistics was awarded by the Uni- with that in mind. special pay. versity of Texas at Austin. Mr. Speaker, I came down here this Our bill also addresses a very impor- In 1961, she was a Fulbright Scholar afternoon to speak about a bill, H.R. tant area dealing with Vietnam vet- in Rio de Janeiro, Brazil; and in 1964, 5109, which is a bipartisan bill. It is erans. At the instigation of the gen- she was a visiting scholar in Lisbon, called the Veterans’ Affairs Health tleman from Illinois (Mr. EVANS), who Portugal. After serving as a research Care Personnel Act of 2000. is the ranking minority member of the associate at the Center for Commu- I chair the Subcommittee on Health full committee, he brought up the idea nication Research at the University of and Veterans’ Affairs, and we passed of reauthorizing the landmark 1988 Texas at Austin, Dr. Natalicio joined this bill. Tomorrow we are going to study of posttraumatic stress disorder the faculty of UTEP in 1971 as a part- have a full markup. I want to bring in Vietnam veterans. Our bill would re- time assistant professor. She quickly this bill to the attention of my col- authorize this study. I look forward to rose to the rank of associate professor leagues because I think all of them will working with the gentleman from Illi- and then professor. want to cosponsor this. nois (Mr. EVANS) on passage of this bill. In addition to her teaching respon- About 10 years ago, the professional The bill also requires the VA to sibilities in the Department of Linguis- nursing corps at the Department of record military service history when tics and Modern Languages, she has

VerDate 12-SEP-2000 02:59 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.002 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7377 served UTEP in numerous administra- acy Campaign has raised $45 million, 95 quacks like a subsidy and it gives tive capacities, including chairman of percent of its goal. This generous fi- money back to companies out of the Modern Languages, associate dean and nancial commitment has resulted in taxpayers’ pocket to subsidize sales dean of Liberal Arts, vice president for the creation of more than 200 new en- overseas. Academic Affairs, interim president, dowments, including 80 newly endowed What is perhaps most egregious at and finally as president in today’s ca- scholarships; 26 new professorships and this time is that we are now cutting pacity. chairs; and 48 new departmental excel- taxes to and for U.S. pharmaceutical Dr. Natalicio has served on numerous lence funds. companies to get the U.S. pharma- boards and commissions, appointed to Dr. Natalicio’s efforts to expand ceutical companies to sell cheaper those boards and commissions by UTEP’s Development and Alumni Af- drugs to foreigners while at the same President Clinton, former President fairs office has resulted in a steady in- time selling them at higher prices here Bush, and Governor Bush as well. Some crease in annual giving to the univer- at home to our seniors. That is what of them are the National Science sity. Dr. Natalicio further is proud of will be done if my colleagues vote for Board, NASA Advisory Council, the the accomplishments and can be traced 4986, and they should vote no. Fund for the Improvement of Postsec- to the courageous decisions and an ap- The pharmaceutical industry does ondary Education, the ‘‘America Reads preciation for the contributions of oth- not need another corporate subsidy at Challenge’’ Steering Committee, the ers. She has been an instrumental force the expense of the American taxpayer. Advisory Commission on Educational in transforming UTEP from a regional Why give an incentive for the pharma- Excellence and many, many others institution to an international univer- ceutical companies when they sell that are important in her role as presi- sity whose vision is outward and whose their products to other developed na- dent of a dynamic university. growth and phenomenal success in gar- tions for less than we can buy them Dr. Natalicio has received countless nering additional funds for new pro- here? I offered an amendment to say awards and honors, which include the grams are the envy of other univer- that pharmaceutical companies could Harold W. McGraw, Jr. Prize in Edu- sities. She is responsible for devel- not have this subsidy if they were sell- cation, the Outstanding Contribution oping, during radically changing times, ing their drugs for 5 percent more in to Education Award by the Hispanic an atmosphere in which students, fac- this country than they sell in Canada and Business Alliance for Education, ulty, and staff are stimulated, inspired, and Mexico. That, unfortunately, was the Humanitarian Award from the and challenged. defeated. League of United Latin American Citi- f We have shown, or studies have zens, and the distinguished Profes- shown, that the American seniors are VOTE AGAINST WELFARE FOR sional Women’s Award. without drug coverage, pay almost LARGE MULTINATIONAL COR- twice as much for their pharmaceutical b 1245 PORATIONS drugs as do our neighbors in Canada In 1999, Mr. Speaker, Dr. Natalicio The SPEAKER pro tempore (Mr. and Mexico. Why on Earth we should was inducted into the Texas Women’s ISAKSON). Under the Speaker’s an- be giving companies like Merck, al- Hall of Fame. She has also written nu- nounced policy of January 19, 1999, the ready one of the most profitable drug merous books, articles and reviews in gentleman from California (Mr. STARK) companies in the world, with more the field of applied linguistics. is recognized during morning hour de- than twice the profits of, say, engineer- Under Dr. Natalicio’s leadership, bates for 5 minutes. ing and the construction industry, why UTEP has become the largest Hispanic Mr. STARK. Mr. Speaker, later today we should give them an additional sub- majority university in the Nation. Its we will have an opportunity to vote on sidy to continue to sell drugs for less budget has increased from $64 million H.R. 4986, the FSC replacement bill. money in Canada and Mexico and Ger- in 1988 to over $146 million today, and That is a foreign sales tax credit that many and Japan than they do to the its doctoral programs have grown from was inaugurated by President Nixon in seniors in my district in Fremont, Cali- 1 to 8 programs and it is still growing. which the Washington Times recently, fornia, escapes me. In the last decade, Dr. Natalicio has in an editorial, referred to it as one of I hope that my colleagues will see been an effective and increasingly in- the largest bipartisan and unanimous the nonsense in this bill. It is being run fluential individual in raising the visi- blunders passed by the House of Rep- through. We will not even see a report. bility and the funding of the University resentatives. They have held the report up so nobody of Texas at El Paso. In the early seventies, I opposed the can read that. There were a few of us Dr. Natalicio began visiting Wash- FSC bill, or the foreign sales tax cred- on the committee who signed dis- ington, D.C. some 10 years ago in an at- it, and was successful at least in deny- senting views. It is a bad bill. It does tempt to solicit Federal research dol- ing that tax credit to weapons manu- nothing but take money from the aver- lars. At the time, Dr. Natalicio today facturers, on the theory that all weap- age senior, the average purchaser of reflects, they did not even know who ons sold to foreign countries had to be pharmaceutical drugs, and give it to UTEP was. I had to go and create an approved by the Defense Department the richest companies in this country. identity for the institution in Wash- and the Secretary of State and basi- Mr. DOGGETT. Mr. Speaker, will the ington, D.C. cally were sold by our government to gentleman yield? UTEP’s Federal research grants have other governments, and there was no Mr. STARK. I yield to the gentleman increased to $53 million last year from reason to give a subsidy, which is what from Texas. $3.5 million in 1987. The university this FSC thing is, to weapons manufac- Mr. DOGGETT. Mr. Speaker, if I un- spent some $27.8 million in 1999 moving turers in the United States. derstand what the gentleman is saying, up to fifth place among the State’s 35 The Senate saw fit to reduce that to we, of course, are well aware that public academic universities in actual a 50 percent limitation and that has America’s seniors, indeed uninsured expenditures for Federal money. been the law for some 20 years. Re- people in America of all ages, a young Dr. Natalicio has constantly pushed cently, without any hearings and with- family that has a sick child that does UTEP towards becoming a Tier 1 re- out any discussion, almost in the dead not have insurance, these individuals search university. In May of 1997, under of night, the 50 percent limitation to across America, millions of them, are the leadership of Dr. Natalicio, UTEP defense contractors was removed. The paying the highest price for drugs of embarked on an unprecedented fund- World Trade Organization has filed a anyplace in the entire world, and an raising effort called the Legacy Cam- lawsuit against the United States say- American pharmaceutical company paign, an initiative which, to date, has ing that this foreign sales tax credit is under this bill can continue to do that, raised some $50 million in new endow- a hidden subsidy, and they are right. It to charge them the highest prices in ments, tripling the university’s total is a subsidy. It is being changed now in the world and export the same drug to endowment from $25 million to over $75 language in this bill that will come up another country, whether it is Canada, million today. under suspension, but the old saying, it Europe, wherever. Within one year, Dr. Natalicio has is a duck if it quacks like a duck and Mr. STARK. Precisely. My Zucor, announced that the university’s Leg- it waddles like a duck. In this case, it which got my cholesterol down from

VerDate 12-SEP-2000 01:52 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.003 pfrm02 PsN: H12PT1 H7378 CONGRESSIONAL RECORD — HOUSE September 12, 2000 220 to 160, great stuff, 1,200 bucks a unusual that an administration official cut? That is what the members of this year for Zucor. Fortunately, Blue Cross would be unwilling to publicly answer Congress will have to answer this after- pays some of that for me. I could buy questions about a bill that will cost noon when this bill comes up. the same drug in Canada for $600. And American taxpayers $4 billion to $6 bil- f I am giving this company a subsidy so lion each year. Apparently the entire they can sell it for less in Canada and process for putting this bill together RECESS I have to pay more for it here? I cannot was to gather in a room outside of pub- The SPEAKER pro tempore. Pursu- figure that out. lic purview those people who would ant to clause 12 of rule I, the Chair de- Mr. DOGGETT. That is the vote we benefit, like the pharmaceutical indus- clares the House in recess until 2 p.m. will be taking today, whether to re- try, from the tax break and work with Accordingly (at 12 o’clock and 59 ward these companies that charge them to figure out how they could get minutes p.m.), the House stood in re- Americans more money than anywhere the most tax break without any input cess until 2 p.m. else in the world, reward them by giv- from anyone other than those who f ing them a tax subsidy? stood to gain from the tax subsidy. Mr. STARK. That is what it seems to It is particularly ironic that we b 1400 me, and that seems like a dumb idea, would be taking this bill up today, be- and I hope the gentleman and my col- cause we have just had released this AFTER RECESS leagues will vote no. morning a new study concerning the The recess having expired, the House f very highly addictive quality of nico- was called to order by the Speaker pro tine; that it takes a child a very short tempore (Mr. QUINN) at 2 p.m. WE SHOULD NOT SUBSIDIZE AN period of time of being exposed to a INDUSTRY THAT OVERCHARGES cigarette before they become addicted f AMERICAN CONSUMERS to nicotine. Yet one of the principal PRAYER The SPEAKER pro tempore. Under beneficiaries of this piece of legislation Sister Catherine Moran, O.P., New the Speaker’s announced policy of Jan- are the giant tobacco companies. They Community Corporation, Newark, New uary 19, 1999, the gentleman from are involved in a worldwide effort to Jersey, offered the following prayer: Texas (Mr. DOGGETT) is recognized dur- spread the plague of death and disease Lord God, ing morning hour debates for 5 min- associated with tobacco use. We have As Members of the House of Rep- utes. learned today that tobacco is even resentatives meet today, give this Na- Mr. DOGGETT. Mr. Speaker, because more addictive than previously known tion the strength and wisdom to follow of my commitment to expanding inter- for children. Your way. national trade, I voted in favor of H.R. Phillip Morris, for example, runs By Your gentle prodding, Lord, help 4986 in committee. I must say that I these ads all the time, they are spend- those elected to public office to act on was forced to cast that vote under very ing millions of dollars to tell us how the promises made to those who rely strange circumstances, with very lim- they do not put their logos on clothing; on them. ited information about the full content they do not sponsor youth-oriented ac- By loosening the bonds that have of this bill because of the way it was tivities; they do not try to attract chil- held Your people in the past, may this brought up. Because of the secrecy sur- dren to smoke in the United States. body give service to all. rounding this bill and the deceit sur- While such claims are very question- In deliberating and making decisions, rounding it, I am reconsidering that able even here at home, none of them may the poor and the oppressed never vote and will expand on the concerns apply abroad. Phillip Morris is directly be forgotten. that I just expressed in the discussion targeting the world’s children, as are With Your guidance, Lord, may Your with my colleague, the gentleman from other tobacco companies. Under this piece of legislation, the servants be instrumental in fashioning California (Mr. STARK). On pharma- American taxpayer will be an unwilling a better tomorrow for all. ceuticals, I question why it could pos- accomplice of this attempt to addict We ask Your blessing on the work of sibly be right to subsidize an industry children around the world. The tobacco this Congress and we thank You for that overcharges American customers industry, if this bill is passed, will get Your presence among us. and sells the very same product made at least $100 million every year in spe- Amen. in America in other parts of the world cial tax breaks for the purpose of al- f for less. Why should there be a subsidy lowing it to go around and do the same designed to encourage lower prices for thing to children in other parts of the THE JOURNAL seniors in other parts of the world for world, particularly in the developing American pharmaceuticals than right The SPEAKER pro tempore. The countries, that it has done to our chil- Chair has examined the Journal of the here at home? The high cost of pre- dren. Nor does the American tobacco scription drugs represents an injury to last day’s proceedings and announces industry need a special tax break in to the House his approval thereof. American consumers, but it really does order to enjoy a competitive advan- add insult to injury to reward pharma- Pursuant to clause 1, rule I, the Jour- tage. Big tobacco companies have al- nal stands approved. ceutical companies with a tax break ready gained extensive experience as with reference to those foreign sales in they abused American children, as they f addition to the gouging of the Amer- successfully addicted millions of Amer- PLEDGE OF ALLEGIANCE ican consumer. ican children who grew up to die of em- It is very important for our col- physema and lung cancer and heart The SPEAKER pro tempore. Will the leagues to understand that H.R. 4986, problems as a result of their exposure gentleman from New Jersey (Mr. which will be coming up for a vote to tobacco. PAYNE) come forward and lead the later today, was considered under the Big tobacco has the tremendous mar- House in the Pledge of Allegiance. most extraordinary and unusual cir- keting expertise, paid for with millions Mr. PAYNE led the Pledge of Alle- cumstances before the Committee on of lives in this country, to apply to giance as follows: Ways and Means. There was no public Eastern Europe, to Asia, to Africa, to I pledge allegiance to the Flag of the hearing. There was no report that has South America, to addict the children United States of America, and to the Repub- yet been published. There was even an in that part of the world. And, as I in- lic for which it stands, one nation under God, attempt to limit the ability of the dicated, they have specifically refused indivisible, with liberty and justice for all. members of the committee to ask ques- to apply any of the very modest limita- f tions to any resource witnesses about tions on marketing to children that WELCOME AND CONGRATULATIONS the nature of this bill. The lead official they now apply in this country to their for the administration on this, Sec- efforts to addict children around the TO SISTER CATHERINE MORAN retary Eizenstat, was rushed out of the world. (Mr. PAYNE asked and was given committee before he could answer a Why should we reward this malicious permission to address the House for 1 single question about the bill. Highly industry with $100 million a year tax minute.)

VerDate 12-SEP-2000 03:35 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.006 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7379 Mr. PAYNE. Mr. Speaker, on this olution,’’ now considered one of the President, administrative law judges’ historic occasion it is with great pride rarest books in the world, and I saw decisions are not ‘‘controlling legal au- that I welcome the guest chaplain to one recently. thority’’ either. Their decisions are the United States House of Representa- That endorsement declares: ‘‘The often overturned by agencies and by tives, the first Roman Catholic nun, United States in Congress assembled the Federal courts. In fact, a court re- and the first nonordained woman to recommend this edition of the Bible to cently overruled an ALJ and the board offer the opening prayer, Sister Cath- the inhabitants of the United States.’’ held that a company could lawfully fire erine Moran. Sister Catherine Moran is One historian observed that ‘‘this Con- a worker who sabotaged a company’s well known and widely admired in my gress of the States assumed all the repair work. hometown of Newark, New Jersey, rights and performed all the duties of a If Mr. GORE is going to try to punish where she lives and has made a great Bible Society long before such an insti- honest companies and their hard-work- difference in our community with her tution existed.’’ ing employees, let him at least do it over-15 years of service to the New This act by Congress on this day in upon ‘‘controlling legal authority.’’ Community Corporation and earlier as 1782 shows that our Founding Fathers f an assistant superintendent for sec- believed that it was appropriate for TAX BREAK FOR MULTINATIONAL ondary schools in the Newark Arch- Congress to encourage religion and CORPORATIONS diocese. even the use of a Bible, a lesson many A dynamic and forward-thinking today would like us to forget. (Mr. DeFAZIO asked and was given leader with a passion for social justice, f permission to address the House for 1 Sister Catherine works diligently to minute.) INVESTIGATE THE CHINESE improve the quality of life in our com- Mr. DEFAZIO. Mr. Speaker, finally, FIASCO munity for all people. The New Com- today, Congress is going to push munity Corporation, which was found- (Mr. TRAFICANT asked and was through a tax break that the President ed by my good friend, Monsignor Wil- given permission to address the House will rush to sign, not veto. Is it edu- liam Linder, has a tremendous record for 1 minute.) cation credits, child care credits? No. A of success in restoring vibrancy to the Mr. TRAFICANT. Mr. Speaker, compromise on the marriage penalty or city of Newark through a number of in- Charles LaBella, Louis Freeh, David estate tax relief? No. How about how novative economic development Shippers, even Justice Department of- the other side loves to talk about tax projects and community-based pro- ficials who wish to remain anonymous breaks for small business. Will it go to grams. I am pleased to have the oppor- all recommended an independent coun- small business? No. It is a tax break tunity to offer our heart-felt thanks to sel investigation into this Chinese fi- designed only for the largest multi- Sister Catherine for bringing such en- asco: the buying and spying of our se- national corporations operating in the ergy, creativity, and resourcefulness to crets and literally making illegal cam- United States. It will not produce a our community. paign contributions to the Democrat single American job, but it will cost Mr. Speaker, as a graduate of Seton National Committee, possibly threat- American taxpayers $5 billion to $6 bil- Hall University in South Orange, New ening our national security. lion. Jersey, I think it should be noted that Poll after poll shows that Americans Over the next decade, $750 million to Sister Catherine Moran is carrying on overwhelmingly want an investigation; GE, $686 million to Boeing. It will dou- a legacy of another strong woman of and on every occasion, Janet Reno said ble the tax break for arms exporters. It faith whom my alma mater is named no. Janet Reno said no five times. In will give a generous tax break to to- after, Mother Elizabeth Ann Seton, the fact, Janet Reno said no every single bacco exporters, and it will give a tax first saint who was born in the United time. break to the pharmaceutical compa- States of America. I know my col- Mr. Speaker, Janet Reno has be- nies to sell even more of their drugs at leagues here in the United States trayed America and Congress has al- prices lower than that that they offer House of Representatives join me in lowed it. Beam me up. I yield back the to U.S. citizens subsidized by the U.S. honoring Sister Catherine and con- fact that Congress should demand taxpayers. gratulating her on this very special through legislation an independent in- Mr. Speaker, this is outrageous. It day. vestigation of this Attorney General will also go to foreign companies oper- The SPEAKER pro tempore. The and this Chinese fiasco. ating in the U.S.: BP, BASF, Daimler- Chair and the House joins the gen- f Benz. Why are we rushing a $5 billion tax break to these companies when tleman from New Jersey (Mr. PAYNE) NO CONTROLLING LEGAL Americans are still waiting? in welcoming Sister Catherine to this AUTHORITY historic event today. Sister, thank f you. (Mr. BALLENGER asked and was RIGHTING A WRONG AND HELPING f given permission to address the House for 1 minute.) OUR FAMILIES BIBLE OF THE REVOLUTION Mr. BALLENGER. Mr. Speaker, Vice (Mr. GIBBONS asked and was given (Mr. PITTS asked and was given per- President GORE made a promise to the permission to address the House for 1 mission to address the House for 1 AFL–CIO that he would keep Federal minute and to revise and extend his re- minute and to revise and extend his re- contracts from companies the unions marks.) marks.) did not like. This ‘‘blacklist’’ would be Mr. GIBBONS. Mr. Speaker, this Mr. PITTS. Mr. Speaker, on this day created under the proposed rules the week Congress will have a unique op- in history, September 12, 1782, 218 years administration released late last portunity of righting a wrong and help- ago, Congress made a significant deci- month and would allow unions to pun- ing American families, all with just sion reported in the records of Con- ish companies by holding hostage the one vote. This week, we will vote to gress. The American Revolution had yearly pool of $200 billion in Federal override President Clinton’s veto of the just concluded, and America was no contracts. Marriage Penalty Relief Act. longer bound by the British law mak- Mr. GORE’s ‘‘blacklisting’’ regula- In an era of unprecedented tax sur- ing it illegal to print a Bible in the tions kick in far too easily. Under the pluses, our Federal Government con- English language. proposed rule, all it takes for a con- tinues to force married couples to pay, A plan was therefore presented for tractor to be denied a contract is one on average, $1,400 more in taxes than Congress to approve the printing of a adverse decision by an administrative two single people earning the same sal- Bible that would be ‘‘a neat edition of law judge. aries. It seems obvious to me and to the Holy Scriptures for the use of Mr. Speaker, when the Vice Presi- the people of the State of Nevada that schools.’’ Congress approved the plan dent got caught making questionable this tax discrimination is simply wrong and on this day in 1782 our Founding phone calls for campaign cash, his de- and must be corrected, and now we will Fathers issued the endorsement print- fense was that there was not any con- have the opportunity to correct this ed in the front of the ‘‘Bible of the Rev- trolling legal authority. Well, Mr. Vice wrong.

VerDate 12-SEP-2000 03:35 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.010 pfrm02 PsN: H12PT1 H7380 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Eliminating the marriage penalty (7) school safety hotlines allow students, when a student intentionally or unin- will also help lessen the biggest con- parents, and school personnel the oppor- tentionally reveals clues to feelings, cern facing American families today, tunity to report threats of school violence to thoughts, fantasies, attitudes, or inten- and that is financial security. I want to law enforcement authorities, thus reducing tions that may signal an impending incidents of youth violence. give the working families of Nevada violent act. SEC. 2. NOTIFICATION. the opportunity to save more of their Not later than 1 year after the date of the Not too long ago we had the oppor- hard-earned money for their retire- enactment of this Act, the Secretary of Edu- tunity to hear from members of the Se- ment, their children’s education, and cation shall provide written notification to cret Service who came into our office their families’ future. I urge my col- the States and State educational agencies of and made us aware of the fact that leagues to join me in supporting the the ability of States or State educational they had been working on a profile hard-working American family and agencies, as appropriate, to use State admin- similar to this, or a document similar eliminate the unfair marriage penalty. istrative funds provided under title IV and to this, and looking at the number of It is time to give our families a break. title VI of the Elementary and Secondary Education Act of 1965 to implement pro- people who have been involved with ei- f grams related to the establishment and oper- ther threats against personnel or threats against elected officials or peo- ANNOUNCEMENT BY THE SPEAKER ation of a toll-free telephone hotline that ple who have carried out those threats, PRO TEMPORE students, parents, and school personnel use to report suspicious, violent, or threatening and then looking at what they found The SPEAKER pro tempore. Pursu- behavior related to schools or school func- were similar characteristics among the ant to clause 8 of rule XX, the Chair tions to law enforcement authorities. people who had been involved with announces that he will postpone fur- The SPEAKER pro tempore. Pursu- school shootings and school violence. ther proceedings today on each motion ant to the rule, the gentleman from One of the things they told us, there to suspend the rules on which a re- Colorado (Mr. TANCREDO) and the gen- were several common elements, but the corded vote or the yeas and nays are tlewoman from New York (Mrs. one that struck my attention at the ordered, or on which the vote is ob- MCCARTHY) each will control 20 min- time was the fact that all of these peo- jected to under clause 6 of rule XX. utes. ple tell somebody; that none of them Any record votes on postponed ques- The Chair recognizes the gentleman have acted alone, in a vacuum, without tions will be taken after debate is con- from Colorado (Mr. TANCREDO). ever letting anyone know of their in- cluded on all motions to suspend the GENERAL LEAVE tentions. rules, but not before 6 p.m. today. Mr. TANCREDO. Mr. Speaker, I ask If that is the case, if in fact that hap- f unanimous consent that all Members pens and these people are inclined to- SCHOOL SAFETY HOTLINE ACT OF may have 5 legislative days within ward that and do in fact tell others, 2000 which to revise and extend their re- then something like the school safety marks on H.R. 5123. Mr. TANCREDO. Mr. Speaker, I move hotline, the need for it is quite evident. The SPEAKER pro tempore. Is there to suspend the rules and pass the bill In the aftermath of the tragedies objection to the request of the gen- (H.R. 5123) to require the Secretary of around the country, I worked in co- tleman from Colorado? operation with the Colorado Bureau of Education to provide notification to There was no objection. States and State educational agencies Investigation, the Colorado Depart- Mr. TANCREDO. Mr. Speaker, I yield ment of Education, U.S. West, now regarding the availability of certain myself such time as I may consume. administrative funds to establish Qwest, AT&T, and local sheriffs depart- Mr. Speaker, I rise in support of H.R. ments throughout the State to estab- school safety hotlines. 5123, the School Safety Hotline Act of The Clerk read as follows: lish the Colorado school safety hotline. 2000, which would require the Secretary We were able to pool the resources of H.R. 5123 of Education to notify State education Be it enacted by the Senate and House of Rep- State agencies and private companies agencies so that they can use funding to provide this needed resource for the resentatives of the United States of America in under the Elementary and Secondary Congress assembled, State which provides parents, students, Education Act to establish school safe- SECTION 1. FINDINGS. and teachers with a valuable tool in The Congress finds that— ty hotlines. our efforts to make schools safe. One of the effects of the recent rash (1) an estimated 255,000 violent incidents We were able to come together as of violence in our Nation’s schools is occurred in 1999 on school property, at an of- elected leaders, administrators, neigh- that many of our students no longer ficial school function, or while traveling to bors, friends, and families to search for and from school; feel safe. Recent studies and polls have ways to restore that sense of safety and (2) for the complete school year July 1, confirmed this, showing that the num- security to our schools. Now if some- 1997, through June 30, 1998, there were 58 ber of students who fear violence in one learns of a potential threat to a school-associated violent deaths that re- their school is at a record level. We fellow student, a teacher, or a school sulted from 46 incidents; 46 of these violent cannot expect the educational process deaths were homicides, 11 were suicides, and facility, they have an opportunity to to continue unencumbered when teach- 1 teenager was killed by a law enforcement provide this information to law en- ers and students are as concerned with officer in the course of duty; forcement and school authorities who their safety as they are with teaching (3) although fewer school-associated vio- will follow up on their tip, and they lent deaths have occurred in recent years, and learning. can do so anonymously. the total number of multiple victim homi- School safety hotlines allow stu- cide events has increased; dents, teachers, parents, and school All reports to the hotline are kept (4) in 1997, 5 percent of all 12th graders re- personnel the opportunity to report strictly confidential. Here is how it ported that they had been purposefully in- threats or acts of violence to authori- works, and here is how it has worked in jured, while they were at school, with a ties. They give everyone back some of Colorado. The Colorado Bureau of In- weapon such as a knife, gun, or club during vestigation answers the school safety the prior 12 months, and 14 percent reported the security that they deserve, allow- ing them to concentrate on teaching hotline 24 hours a day, 7 days a week. that they had been injured on purpose with- This is enormously important. We have out a weapon; and learning, the very reasons for (5) on average, each year from 1993 to 1997, which they are in school. talked to other people and other school districts that have implemented these, there were 131,400 violent crimes against b teachers at schools, as reported by teachers 1415 but they are not really always avail- from both public and private schools, which According to the report ‘‘The School able and accessible to a live person on translates into a rate of 31 violent crimes for Shooter: A Threat Assessment Perspec- the other end. Sometimes they go into every 1,000 teachers; tive’’ released by the Federal Bureau of a recording. That leaves a great deal of (6) tools should be created for, and pro- Investigation last week, one of the liability for the agency involved. vided to, students, teachers, parents, and ad- ministrators across the country so that they most important aspects of identifying This hotline, the one we have in Col- have the ability to provide the information potential violent adolescents is detect- orado, operates, as I say, 24 hours a necessary to law enforcement authorities to ing that point at which they begin to day, 7 days a week. It goes to a live take action before other tragedies occur; and talk about the event they are planning, person. Then the sheriff’s department

VerDate 12-SEP-2000 01:52 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.012 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7381 in the county where the school is lo- Many States already know these One fact remains glaringly clear, Mr. cated is identified and is provided with funds are available for school hotlines. Speaker: They were able to obtain the the information, if that is necessary. Some House Members may question firearms they needed without any ques- The local sheriff’s department then whether or not this legislation is really tions asked. A friend of the two pur- works with local law enforcement necessary. chased the guns from a gun show the agencies to take appropriate action As a member of the Committee on previous autumn. Days after the kill- and follow up on tips phoned into the Education and the Workforce with my ing she said, ‘‘I wish it had been more hotline. colleague, the gentleman from Colo- difficult. I wouldn’t have helped them Of course, one of the most important rado, I am committed to reducing buy the guns if I had faced a back- aspects of the hotline is getting the classroom sizes, ensuring after-school ground check.’’ word out to everyone in our schools programs, and increasing student In the days, months, and now a year and communities. To this end, the Col- achievement and test scores. We can following Columbine, I have joined my orado Department of Education pro- accomplish none of these things unless colleagues in the Congress from both vides each school with posters and we have safe schools first. sides of the aisle to put an end to the makes sure all students and parents Had the 106th Congress really ad- gun show loophole. While successful to are aware of the hotline. AT&T-Qwest dressed school violence, then this legis- that end, the majority leadership still provides the public service announce- lation would be an appropriate amend- refuses to address other proposed legis- ments to highlight the school safety ment in major gun safety legislation. I lation dealing with gun safety issues, hotline to students, and they do so regret that Congress has accomplished so I am pleased and I am honored to through the cooperation of TCI cable. next to nothing to enact commonsense stand with the gentleman from Colo- On the hardware side, Qwest has pro- gun safety legislation. rado (Mr. TANCREDO) and his legisla- vided the telephone service for the hot- Have we closed the gun show loop- tion. It is on the suspension calendar line, including the telephones, the hole that permits criminals to get guns today, and I salute the gentleman from phone service, and installation, and easily? No. Have we required gun man- Colorado. It is timely, in fact, because provides the maintenance. As of Sep- ufacturers to install safety locks on all millions of children and teenagers are tember 5, the Colorado school safety new guns? No. Have we banned high-ca- returning to classrooms across the Na- hotline has taken over 600 calls, includ- pacity ammunition clips on assault tion to go back to school this month. ing 80 that were in the nature of a weapons? No. Do we even allow the De- As stated in H.R. 5123, an estimated 225,000 violent incidents occurred in threat. partment of Education to collect spe- Establishing hotlines will hopefully cific information on gun violence in 1999 on school property, at an official help prevent future tragedy, and are our schools? No. school function, or while traveling to In my home State of New York, I just one of the many actions we can and from school. That is not acceptable have worked closely with Governor and it should not be to anybody, re- take to help make our schools safer. George Pataki and our State law- gardless of which side of the aisle they This will not be a cure, but it is an- makers so we were able to enact sit on. Students and teachers ought not other tool for all of us to use. We all strong, commonsense gun safety legis- to leave their houses in the morning know that the roots of school violence lation this summer. I am proud our worried about whether or not they will lie much deeper, but we should do ev- State now has a law that closes the gun make it home that evening. erything at our disposal to prevent in- show loophole and requires child safety H.R. 5123 adds one more safety meas- dividual acts from happening. locks on guns. ure to ensuring that school violence is The Colorado school safety hotline We need national commonsense gun stopped. To those who say there are has been a success, and we need to legislation. This way we know all our enough laws on the books already, I make sure that every school district in schools will certainly be as safe as they say, they are misinformed. It requires America knows they already have some can be. the Secretary of Education to notify of the resources they need to start The House leadership and the gun States that administrative funds may their own hotline. lobby have maintained their ironclad be used to establish the tollfree hotline H.R. 5123, the School Safety Hotline alliance to block the consideration of in schools, as the good gentleman from Act of 2000, was devised to help States this commonsense gun legislation. I Colorado pointed out. Parents, stu- throughout the nation do just that. urge the American people to send a dents, and school personnel wanting to While I wholeheartedly advocate the message to the House leadership to re- report suspicious or violent acts could public-private partnerships in devel- ject the gun lobby and enact real gun use this hotline. oping the hotline, which has been ex- safety legislation before we adjourn for I applaud the author of this common- tremely successful in my district, with the year. sense legislation. It does not take one the passage of this legislation, funding Mr. Speaker, the new school year has gun away from one person in the will not be an issue whether to take just begun. We need to give parents United States of America. It is com- steps to help protect our schools and greater assurance that their children mon sense, and I applaud the gen- communities. will be safe while they are attending tleman for that. This is a step in the It is my hope that tools like the school. I will support H.R. 5123, but the right direction. school safety hotline will help restore a truth is, the Congress must do more. I am encouraged that we are debating sense of security to students, teachers, We can close the gun show loophole. this today, because it gives me hope. and their families who undertake this We can require child safety locks. We Remember the song, Core Ingrata. Give learning mission each day. Once again, can ban high-capacity ammunition me the slightest sign of hope. That is I thank the Speaker and the gentleman clips. We can collect information on what they are doing today. This meas- from Pennsylvania (Mr. GOODLING) for gun violence in our schools. ure requires, as a measure that I had moving this bill. I urge my colleagues Mr. Speaker, I yield 3 minutes to the introduced not too long ago concerning to support H.R. 5123. gentleman from New Jersey (Mr. smart guns, that every handgun manu- Mr. Speaker, I reserve the balance of PASCRELL). factured and sold in America must in- my time. Mr. PASCRELL. Mr. Speaker, I corporate technology to allow oper- Mrs. MCCARTHY of New York. Mr. thank the gentlewoman for yielding ation only by its owner. What in God’s Speaker, I yield myself such time as I time to me on this important issue, name is so demonic about that? may consume. and I commend her for her continued I urge the majority leadership to con- Mr. Speaker, today the House con- fight on this most critical problem. sider bringing up reasonable gun legis- siders legislation that will direct the We all remember with horror the lation: a 3-day waiting period for gun Secretary of Education to notify the tragedy that occurred in April of 1999 show purchases, the elimination of States that Federal money is available at Littleton, Colorado. It left a country high-capacity ammunition clips, and to set up school safety hotlines so speechless, parents childless, and Con- requiring child safety locks on every teachers, students, and parents will be gress clueless. We will likely never handgun. We have Federal law on aspi- able to report threats of school vio- know the motivations behind these two rins, child seats, cigarette lighters. We lence to law enforcement. young killers. are afraid to do it with weapons.

VerDate 12-SEP-2000 01:52 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.014 pfrm02 PsN: H12PT1 H7382 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Mr. TANCREDO. Mr. Speaker, I yield Committee on Education and the although it is a good one, of outlines myself such time as I may consume. Workforce for his common sense, his for our parents, for safe schools. Mr. Speaker, I recognized when I bipartisanship, and his responsiveness Mr. TANCREDO. Mr. Speaker, I yield brought this measure forward that to a need in America, which is impor- myself 1 minute. would provide an opportunity for our tant to establish a safety hotline for Mr. Speaker, if we are going to get friends on the other side to discuss a our parents and our schools. into all of the things that have not variety of other issues not really at- But just as we need this safety hot- been on the floor that are not on the tendant to this particular problem, not line because of violence programs in floor, it is, I guess, important for us to attendant to this particular bill. our schools, we also need more. We talk about what has happened so far. We can spend all of our time, and I need a lifeline to many of our students April 29, 1999, the Educational Flexi- know that, in debate on the myriad of in our schools across this great coun- bility Act, H.R. 800, was signed into issues that have been hashed and re- try who do not have a chance to get a law; May 4, 1999, IDEA Full Funding hashed on this floor, debated, dis- good education. resolution passed the House; July 10, cussed, or raked over, but in fact we Just as we have brought this bipar- the Teacher Empowerment Act. Octo- are talking about something here that tisan and responsive and common sense ber 12, Dollars to the Classroom resolu- is a very practical step that can be legislation to the floor tonight, it is a tion passed the House; October 21, Stu- taken tomorrow. very small step, a drop in the bucket dent’s Results Act. October 21, the Aca- It does not need the overwhelming towards solving some of the education demic Achievement Act (Straight A’s) support of the Congress from a finan- problems in America, we need to do passed the House. February 29, Lit- cial standpoint, it just simply needs to more. eracy Involves Families Together Act be passed into law and allowed to be The gentleman from Florida (Mr. passed the committee. April 13, the implemented by the Secretary of Edu- DAVIS) and I have a bill to try innova- committee completed consideration of cation, and we will have done some- tive and bold and new ways to respond Education Options Act. May 3, IDEA thing significant. It is meaningful. to the need in this country to bring Full Funding bill passed the House. There have been actions taken. These are not just whimsical attempts more teachers into the teaching profes- sion. Where is that bill today? This Again, speaking about these things in a to try to deal with this problem. Over would bring people into the teaching vacuum makes it appear as though this 600 calls have come in in 1 year, a little profession at 40 or 50 years old in tech- is the only thing that we are doing. It over 1 year. Eighty of those calls were nology and math and science areas is certainly not the case with edu- of a threatening nature. when too many of our teachers are cation. b 1430 overwhelmed with problems in the Mrs. MCCARTHY of New York. Mr. We do not know, because the system schools; and they are teaching, with a Speaker, I yield 2 minutes to the gen- does not require a feedback, as to what physical education degree, physics. tleman from Indiana (Mr. ROEMER). Mr. ROEMER. Mr. Speaker, I thank kind of action was finally taken after They are not certified in the area. So the gentlewoman from New York once the CBA sends the information to the we need to do more. again for her kindness and generosity. local agency. But, anecdotally, we have We need to do more in Head Start, I just respond to the gentleman from heard that there have been three to making our Head Start programs more Colorado (Mr. TANCREDO) by saying four arrests that have been made as a responsive to the needs of learning this: The first bill that he mentioned, result of the hotline; and, therefore, we children earlier and at earlier ages. We the Education Flexibility Act, was a can only speculate as to the possibility need more resources for those children. bill that I authored with the gentleman as to the number of people whose lives Where is that bill today? We need to do more to help some of from Delaware (Mr. CASTLE), a Repub- have either been saved or at least kept our working families in the middle lican; and we worked across the aisle out of harm’s way as a result of this. class and low income to afford the cost to pass that bill. It was signed into law So we can do this. We should think of college or community school. But we by the President. It was one of the few positively about the steps we can take do not have that bill today. that the gentleman from Colorado in this regard. We do not have the Elementary and mentioned that has been signed into I urge us to focus our attention on Secondary Education Act on the floor law. this issue and not on the many other today, although that will probably ex- It is one thing to be able to say we things that I know are deep and deeply pire soon. We need more charter passed this in this body, it is another felt. I totally understand my col- schools and public choice in America thing to be able to say we mustered the leagues who do get emotional about today. Where is that bill today? bipartisanship in the Senate or we were this issue. It is definitely an emotional Now, I am all for establishing a hot- able to persuade or convince the Presi- issue. Perhaps the gentleman from New line to help our parents and our chil- dent to be with us on the issue; and Jersey (Mr. PASCRELL) and I share dren and help establish safer schools, generally he is with us on many of more than just an inclination of that but what about the lifeline? In America these education issues. because, being both Italians here, one today, across the country, from Colo- The gentleman from Colorado men- can understand how we can both get rado to Indiana to New York, edu- tioned a host of resolutions that do not emotional about this. cation is the most important and press- have the force of law. The gentleman Mr. Speaker, I reserve the balance of ing concern on the minds of our par- mentioned the TEA act, the Teacher my time. ents. Yet, oftentimes we cannot muster Empowerment Act, that tries to pro- Mrs. McCARTHY of New York. Mr. the needed, the required bipartisanship vide more opportunities for our teach- Speaker, I yield 4 minutes to the gen- and common sense and responsiveness ers to get into the teaching profession tleman from Indiana (Mr. ROEMER), my to bring some of these other bills to in new ways. I supported that piece of colleague on the Committee on Edu- the floor. legislation. That is not law. ESCA, no cation and the Workforce. I hope we do it before this session where to be found today. Elementary (Mr. ROEMER asked and was given ends. I hope we can work on charter and Secondary Education Act that is permission to revise and extend his re- schools and public choice. I hope we so vital where, we worked very well to- marks.) can work on new ideas to bring new gether for about a third of that act in Mr. ROEMER. Mr. Speaker, I would, teachers into the profession. I hope we a bipartisan way, and then bipartisan- first of all, like to thank the gentle- can work on better quality ideas for ship somehow mysteriously fell apart. woman from New York for the time our parents to be involved in our So we have a long way to go. My that she has given me to speak on such schools and for local control. I hope point to the gentleman from Colorado an important topic and commend her that we can work on the ideas of, some- (Mr. TANCREDO) is, one, to congratulate for her strong leadership on the com- times in our cities, schools that are lit- him for a bipartisan piece of legislation mittee that we serve on together. erally falling down on the heads of our today, and, secondly, and I think he I would like to extend a bipartisan children. would admit, we need to do more. hand to my colleague on the other side Let us work together in this Congress The challenges in America today of the aisle who also serves on the on these ideas and not just on the idea, were succinctly put forward by Thomas

VerDate 12-SEP-2000 01:52 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.016 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7383 Jefferson a long time ago when he said to see me recently. Last week they children who might go on a shooting ‘‘I like the dreams of the future better went to the press in desperation. The spree. than the history of the past.’’ The mothers who appeared with pictures of dreams for the future for our children their dead children. Yes, we are angry, b 1445 are a great education and not leaving Mr. Speaker. They were angry, many of I want to know how to detect the children behind. Too many of these them, to the point of tears. School was guns and get the guns out of the hands children are being left behind. opening throughout the region and of children who might be inclined to go We need local control of our schools. throughout the country. They could on a shooting spree. We need more public school choice and not believe that the 106th Congress had Congress better watch out, we are more charter schools. We need more made no progress on gun safety since way behind the moms. We are still at new and innovative ways to bring the Columbine youth massacre more the level of high-capacity ammunition, teachers into the profession and give than a year ago. They were incred- safety locks on guns, and the gun show them the resources to have great ulous, and they mean for us to be in- loophole. They have sailed ahead to li- schools. credulous. Mr. TANCREDO. Mr. Speaker, I yield They were dismayed that the leader- censing and registration one gun a myself such time as I may consume. ship could be sitting on gun safety leg- month. But if we were to do just what Mr. Speaker, I thank the gentleman islation as their children were about to is before us now, I think they would from Indiana (Mr. ROEMER) for his com- go back to school. They could not be- feel that they and we had accomplished ments, his very, I think, observant lieve that we would consider going much. comments. I believe that much of what home without taking this bill out of I know this much: they have got long he brings to our attention is worthy of conference and passing it now. That is memories and their memories are not our attention. There is so much that what they wanted me to come to the sustained by the statistics that show we can do here and so much for which floor to say this afternoon. I would be about 80,000 children killed in gun vio- we have responsibility. here in a 5-minute speech if not for this lence since 1979. They are not sustained There is this other body, the other legislation. by the statistics from the District of body we all know, we all have concerns My colleagues are going to hear, not Columbia that show that there were 700 and complaints about how it operates, only from me and the gentlewoman children killed by gun violence in my or sometimes it apparently does not, from New York (Mrs. MCCARTHY), they district. but the fact is that is where most of are going to hear from many of us until Do my colleagues know why I am this legislation resides. We can take, I this bill is passed and especially during emotional? Seven hundred children in think, pride in what we have done here. this session. this city of half a million. There is only so much we can do until The moms cannot believe that, after I know some of my colleagues will the other body makes their decisions families pulled off the largest gun safe- say, Yeah, you have got legislation and moves along. ty demonstration in American history, that bans guns, Eleanor, so what good Mr. Speaker, I reserve the balance of is it? I will tell them what good it is. my time. this House, this Senate has not yet heard them. I can tell my colleagues Not one of those guns came from the Mrs. MCCARTHY of New York. Mr. District of Columbia. Every one of 1 this, they have not gone away. They Speaker, I yield 7 ⁄2 minutes to the gen- them was brought in from jurisdictions tlewoman from the District of Colum- have not only not gone away, look in that allow guns to be sold with loop- bia (Ms. NORTON). the districts of my colleagues. They holes and without safety locks. Ms. NORTON. Mr. Speaker, I thank are in their district now organizing. the gentlewoman from New York (Mrs. They are making gun safety a potent This is one country. This is all of our country. Guns travel across borders the MCCARTHY) for yielding me this time. I election issue, which it did not have to especially want to thank her for her be, because there is bipartisan support same way that children do. And until consistent and dedicated leadership on for the minimum gun safety legislation there is a national gun law, there is no gun safety; leadership that has not fal- that is locked up in a self-imposed gun law and there is no safety for any tered, as I am sad to say this Congress moratorium in conference committee child anywhere in America. has. as I speak. We do not measure them by statis- I want to congratulate the gentleman I can tell my colleagues one thing. It tics. We measure them by the way I do, from Colorado (Mr. TANCREDO), who is dangerous to treat moms like chil- by Harris ‘‘Pappy’’ Bates, who went on knows firsthand what gun violence can dren with short attention spans. They Easter Monday to the National Zoo, set mean to a State and to a jurisdiction, are in for the long haul. They are not up by this body, and got shot in the for the bipartisan leadership he has going to forget. They did not forget head. I am pleased to report that some- given on the bill that is before us when they came, and they are not how he has survived. today. going to forget in November. We measure it by Andre Watts and It is a useful bill. It is useful if noth- As Congress came back, the families Natasha Marsh of Wilson High School, ing more as an advertisement for dis- felt no safer, even though it was re- who were buried in their graduation tricts to know that this money exists. ported during that very week that gowns. It is useful as a reminder to the De- crime was down 10 percent in the coun- Many of us stand with Mothers partment of Education, if the Sec- try over last year. We hear one hand Across America. I say to my col- retary has not already done it, to send clapping. I do not hear the moms clap- leagues, I come to my colleagues with out notices that these funds are avail- ping. We are down 34 percent since 1993. their message: we go home without gun able. It is useful to help prevent fur- Do my colleagues know why they do safety legislation at our peril. ther gun violence. not hear them clapping is because they Mr. TANCREDO. Mr. Speaker, I yield But if I may say so, if we are truly do not feel any safer. myself such time as I may consume. serious about preventing gun violence, Now, I do not know if passing the gun Mr. Speaker, it was inevitable, I am we will look at more than threats for legislation locked up by the majority sure, regardless of how many attempts gun violence. There would be fewer will make them be any safer, I know to try and focus on this particular threats if there were fewer guns. they will feel safer. It is the shadow of piece of legislation, a positive step that The gentleman from Colorado (Mr. Columbine, I will say to the gentleman we are taking, it was inevitable that TANCREDO) mentioned the kind of emo- from Colorado (Mr. TANCREDO), that is we would begin to once again hear the tion that he knew his bill would call hanging over the heads of parents and kind of rhetoric just propounded on the forth on the floor. Well, particularly children in every State of the Union, in floor of the House. It is inevitable but for those of us from high gun violence the District of Columbia, and the insu- disconcerting. jurisdictions, what kind of Members lar areas. Certainly those of us from my State, would we be this late in the session if Imagine waking up just before Con- certainly I need no one to remind me we had no passion for this issue? gress reconvenes and reading in the what happened, where it happened, and I can tell my colleagues this, the rep- Washington Post that the FBI was pre- how it happened. And I will tell my col- resentatives of the Million Moms came paring a guidebook on how to detect leagues this also: we can talk forever

VerDate 12-SEP-2000 01:52 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.018 pfrm02 PsN: H12PT1 H7384 CONGRESSIONAL RECORD — HOUSE September 12, 2000 about gun violence, and there are abso- The question was taken; and (two- which to revise and extend their re- lutely legitimate issues for us to de- thirds having voted in favor thereof) marks and to include extraneous mate- bate on this floor and through legisla- the rules were suspended and the bill rial on H.R. 4840. tive bodies throughout the United was passed. The SPEAKER pro tempore. Is there States, but to tie every single issue A motion to reconsider was laid on objection to the request of the gen- every single time they have an oppor- the table. tleman from New Jersey? tunity to tie Columbine to it, to use f There was no objection. that name over and over again, they do Mr. SAXTON. Mr. Speaker, I yield ATLANTIC COASTAL FISHERIES so and they do so, I believe, in a way myself such time as I may consume. ACT OF 2000 that is not respectful of the event and Mr. Speaker, H.R. 4840 reauthorizes of the feelings and emotions of the peo- Mr. SAXTON. Mr. Speaker, I move to the Atlantic Coastal Fisheries Manage- ple in my community because it is ex- suspend the rules and pass the bill ment Act through fiscal year 2005. This ploiting that horrific event. (H.R. 4840) to reauthorize the Atlantic bill will extend the successful Federal- The gun show, let us talk about ex- Coastal Fisheries Cooperative Manage- State fishery management partnership actly what did happen. And I do hope ment Act, as amended. with the Atlantic States Marine Fish- that, in fact, the people of this Nation The Clerk read as follows: eries Commission. do have long memories. I will be more H.R. 4840 The commission, Mr. Speaker, is than willing to help them remember Be it enacted by the Senate and House of Rep- made up of representatives from each exactly what happened on this floor resentatives of the United States of America in of the Atlantic coastal States. Under when we debated the part of the bill Congress assembled, the Act, the Federal Government can dealing with gun safety that we call SECTION 1. SHORT TITLE. implement a moratorium on fishing in the juvenile justice bill and we, in fact, This Act may be cited as the ‘‘Atlantic Coastal State waters if States do not comply included a provision to close the gun Fisheries Act of 2000’’. with the plans written by the commis- show loophole; and we included a ban SEC. 2. REAUTHORIZATION OF ATLANTIC COAST- sion. AL FISHERIES COOPERATIVE MAN- The commission’s greatest success is on importation of high-capacity clips, AGEMENT ACT. and we included a juvenile Brady bill (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- notable in the recovery of the Atlantic saying that if any juvenile gets con- tion 811 of the Atlantic Coastal Fisheries Coop- striped bass, Mr. Speaker. The striped victed of a violent crime that they can erative Management Act (16 U.S.C. 5108) is bass suffered a population crash in the never own a gun, and we included a amended to read as follows: late 1970s for a number of reasons, in- mandatory sale of gun locks; and we ‘‘SEC. 811. AUTHORIZATION OF APPROPRIATIONS. cluding over-fishing. Today, for fisher- included making it illegal for a juve- ‘‘(a) IN GENERAL.—To carry out this title, men in the mid-Atlantic region, includ- nile to possess an assault weapon. there are authorized to be appropriated ing those in Ocean County, New Jersey, Those were there. The bill went $10,000,000 for each of fiscal years 2001 through which is part of the district I am privi- down, and it went down with 191 Demo- 2005. leged to represent and all along Long ‘‘(b) COOPERATIVE STATISTICS PROGRAM.— crat noes and about 81 or 82 Republican Amounts authorized under subsection (a) may Beach Island, this comeback has re- noes, and it went down because there be used by the Secretary to support the Commis- sulted in the greatest fishing on the was a desire to have rhetoric for the sion’s cooperative statistics program. East Coast. rest of this session about guns as op- ‘‘(c) REPORTS.— Mr. Speaker, as a matter of fact, just posed to a solution. ‘‘(1) ANNUAL REPORT TO THE SECRETARY.—The a short time ago, last week, I had a This that I propose today is part of a Secretary shall require, as a condition of pro- nice group of folks join me on a 10-mile solution. It is not the cure. It is not the viding financial assistance under this title, that beach walk; and as we walked up the silver lining that we can look for in the Commission and each State receiving such beach on Long Beach Island, there were assistance submit to the Secretary an annual re- this ominous picture. But it does give port that provides a detailed accounting of the surf fishermen after surf fishermen in us hope, and it is designed to give chil- use of the assistance. quest of the Atlantic striped bass and, dren and parents hope. ‘‘(2) BIENNIAL REPORTS TO THE CONGRESS.— I might add, with some success. There is nothing more discouraging The Secretary shall submit biennial reports to This legislation simply authorizes $10 in the last several months than having the Committee on Resources of the House of million a year to carry out the Atlan- to recognize the fact that there were Representatives and the Committee on Com- tic coastal fisheries program to enable kids all over this country actually merce, Science, and Transportation of the Sen- this striped bass program and others to afraid to go to school. Even if nothing ate on the use of Federal assistance provided to move forward. the Commission and the States under this title. had happened in their particular Each biennial report shall evaluate the success The bill also allows appropriated school, nothing of a violent nature, of such assistance in implementing this title.’’. funds to be used to carry out a fisheries they were still afraid because of every- (b) TECHNICAL CORRECTIONS.— statistics program which supports At- thing they had seen on the television, (1) IN GENERAL.—Such Act is amended— lantic coastal States fishery manage- everything they had heard from the (A) in section 802(3) (16 U.S.C. 5101(3)) by ment plans. media about the potential for violence. striking ‘‘such resources in’’ and inserting I believe this legislation is non- I kept thinking to myself, what can I ‘‘such resources is’’; and controversial, and I would urge every- do, what is one thing I can do about (B) by striking section 812 and the second sec- one to vote aye. tion 811. this; and it was this hotline, the school (2) AMENDMENTS TO REPEAL NOT AFFECTED.— Mr. Speaker, I reserve the balance of safety hotline. It is not everything we The amendments made by paragraph (1)(B) my time. should do. I agree with my colleagues, shall not affect any amendment or repeal made Mr. FALEOMAVAEGA. Mr. Speaker, there is more. But, please, let us at by the sections struck by that paragraph. I yield myself such time as I may con- least be positive enough to move in the (3) SHORT TITLE REFERENCES.—Such Act is sume. direction that we know we all want to further amended by striking ‘‘Magnuson Fish- (Mr. FALEOMAVAEGA asked and move here; and that is to provide a safe ery’’ each place it appears and inserting ‘‘Mag- was given permission to revise and ex- nuson-Stevens Fishery’’. learning environment for every single tend his remarks.) child in America and to do so without The SPEAKER pro tempore. Pursu- Mr. FALEOMAVAEGA. Mr. Speaker, the sort of incredibly divisive and, I ant to the rule, the gentleman from I certainly want to compliment my think, inappropriate rhetoric, espe- New Jersey (Mr. SAXTON) and the gen- good friend, the gentleman from New cially in reference to Columbine. tleman from American Samoa (Mr. Jersey (Mr. SAXTON), the chairman of Mr. Speaker, I yield back the balance FALEOMAVAEGA) each will control 20 the Subcommittee on Fisheries, for his of my time. minutes. authorship of this legislation. I also The SPEAKER pro tempore (Mr. The Chair recognizes the gentleman want to thank the full committee QUINN). The question is on the motion from New Jersey (Mr. SAXTON). chairman and the gentleman from Cali- offered by the gentleman from Colo- GENERAL LEAVE fornia (Mr. MILLER) for their support of rado (Mr. TANCREDO) that the House Mr. SAXTON. Mr. Speaker, I ask this important legislation. suspend the rules and pass the bill, unanimous consent that all Members Mr. Speaker, Atlantic coastal fishery H.R. 5123. may have 5 legislative days within resources that migrate or are widely

VerDate 12-SEP-2000 03:37 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.019 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7385 distributed among the coast are of sub- the rules were suspended and the bill, microbial fermentation is limited, scientists have stantial commercial, recreational, en- as amended, was passed. only just begun to explore the sea’s vast molec- vironment importance and economic A motion to reconsider was laid on ular potential. benefit to the Atlantic States and our the table. (7) In spite of the development of new tech- nologies, comparatively little of the ocean has Nation. f been studied. The leadership role of the United Unfortunately, proper management EXPLORATION OF THE SEAS ACT States has been eroded by a gradual decrease in of these species is often hampered by funding support, even while public opinion sur- the fact that no single government en- Mr. SAXTON. Mr. Speaker, I move to veys indicate that ocean exploration is at least tity has exclusive authority over them. suspend the rules and pass the bill as important as space exploration. Because of this, harvest and manage- (H.R. 2090) to direct the Secretary of (8) The National Academy of Sciences has the ment of the Atlantic coastal resources Commerce to contract with the Na- means by which to study and make determina- has historically been subject to dis- tional Academy of Sciences to estab- tions regarding the adoption and establishment of a coordinated oceanography program for the parate, inconsistent, and intermittent lish the Coordinated Oceanographic exploration of the seas, in which the National State and Federal regulations. Program Advisory Panel to report to Oceanic and Atmospheric Administration could To help address this complication, the Congress on the feasibility and so- participate in a role similar to that of the Na- Congress passed the Atlantic Coastal cial value of a coordinated oceanog- tional Aeronautics and Space Administration Fisheries Cooperative Management Act raphy program, as amended. with regard to the International Space Station. since 1993. The Clerk read as follows: SEC. 3. COORDINATED OCEANOGRAPHIC PRO- GRAM ADVISORY PANEL. Since its inception, Mr. Speaker, this H.R. 2090 (a) IN GENERAL.—Not later than 60 days after law has been an effective mechanism Be it enacted by the Senate and House of Rep- for supporting and encouraging the de- the date of enactment of this Act and subject to resentatives of the United States of America in the availability of appropriations, the Secretary velopment, implementation, and en- Congress assembled, of Commerce shall contract with the National forcement of effective interstate con- SECTION 1. SHORT TITLE. Academy of Sciences to establish the Coordi- servation and management measures This Act may be cited as the ‘‘Exploration of nated Oceanography Program Advisory Panel for the Atlantic coastal fishery re- the Seas Act’’. (in this Act referred to as the ‘‘Panel’’), com- sources. SEC. 2. FINDINGS. prised of experts in ocean studies, including in- I fully support the reauthorization of Congress finds the following: dividuals with academic experience in oceanog- the Atlantic Coastal Fisheries Cooper- (1) During the past 100 years, scientists work- raphy, marine biology, marine geology, ich- ative Management Act. I urge my col- ing with marine fossils, both underwater and thyology, and ocean related economics. leagues to support this important leg- high in the mountains, have traced the origins (b) CHAIRPERSON AND VICE CHAIRPERSON.— The Panel shall elect a chairperson and a vice- islation. of life on Earth to the sea, beginning approxi- mately 3 billion years ago. Today, life on our chairperson. Mr. Speaker, I thank the gentleman planet remains dependent on the vitality of the (c) TERMINATION.—The Panel shall cease to for his authorship of this legislation. sea. exist 30 days after submitting its final report Mr. Speaker, I reserve the balance of (2) More than two-thirds of the Earth’s sur- and recommendations pursuant to section 4. my time. face is covered by water, with oceans and in- SEC. 4. REPORT AND RECOMMENDATIONS. Mr. SAXTON. Mr. Speaker, I yield land seas accounting for almost 140 million (a) IN GENERAL.—No later than 18 months myself such time as I may consume. square miles. after its establishment, the Panel shall report to Mr. Speaker, I have no further speak- (3) The United Nations forecasts a worldwide the Committee on Resources of the House of ers; but I would just like to say in con- population of 8.9 billion by the year 2050, a 50 Representatives and the Committee on Com- clusion, I would like to thank the gen- percent increase from 5.9 billion in 1999. As this merce, Science, and Transportation of the Sen- trend in population growth continues, increas- ate on the feasibility and social value of a co- tleman from American Samoa (Mr. ing demands will be placed on ocean and coastal ordinated oceanography program. In preparing FALEOMAVAEGA) for his cooperation. It resources, not only as a result of population its report, the Panel shall examine existing makes one feel very good to have the growth in coastal regions, but also from the oceanographic efforts and the level of coordina- kind of bipartisan cooperation that we need to harvest increasing amounts of marine tion or cooperation between and among partici- have had on this and many other bills life as a source of food to satisfy world protein pating countries and institutions. in our subcommittee. So I thank the requirements, and from the mining of energy- (b) INTERNATIONAL WORKSHOP.—To assist in gentleman for his cooperation. producing materials from offshore resource de- making its feasibility determination under sub- Mr. Speaker, I yield back the balance posits. section (a), the Panel shall convene an inter- of my time. (4) The ocean remains one of the Earth’s last national workshop with participation from in- unexplored frontiers. It has stirred our imagina- terested nations and a broad range of persons Mr. FALEOMAVAEGA. Mr. Speaker, tions over the millennia, led to the discovery of representing scientists, engineers, policy makers, I yield myself such time as I may con- new lands, immense mineral deposits, and res- regulators, industry, and other interested par- sume. ervoirs of other resources, and produced star- ties. Mr. Speaker, in my capacity as the tling scientific findings. Recognizing the impor- (c) FINAL REPORT.—The Panel shall include ranking Democrat of the Sub- tance of the marine environment, the need for in its final report recommendations for a na- committee on Fisheries and Oceans and scientific exploration to expand our knowledge tional oceans exploration strategy, which will— Wildlife and Refuge, I also want to cer- of the world’s oceans is crucial if we are to en- (1) define objectives and priorities, and note tainly compliment my good friend, the sure that the marine environment will be man- important scientific, historic, and cultural sites; aged sustainably. (2) promote collaboration among research or- chairman of our subcommittee, for his (5) The seas possess enormous economic and ganizations; leadership and for the cooperative way environmental importance. Some ocean re- (3) examine the potential for new ocean explo- that we have worked closely for the sources, such as fisheries and minerals, are well ration technologies; past 2 years since my membership in recognized. Oil use has increased dramatically (4) describe those areas of study in which na- that capacity in this subcommittee. in recent times, and the sea bed holds large de- tional or international oceanographic coopera- Again, I thank my good friend for posits of largely undiscovered reserves. Other tion is currently being undertaken; working together and cooperatively on ocean resources offer promise for the future. In (5) identify areas of study in which knowledge this legislation. addition to fossil fuels, the ocean floor contains of the oceans is inadequate; deposits of gravel, sand, manganese crusts and (6) ensure coordination with the National Mr. Speaker, I have no further speak- nodules, tin, gold, and diamonds. Marine min- Oceanic and Atmospheric Administration’s Ma- er, and I yield back the balance of my eral resources are extensive, yet poorly under- rine Protected Area Center; time. stood. (7) ensure that newly discovered organisms Mr. SAXTON. Mr. Speaker, I yield (6) The oceans also offer rich untapped poten- with medicinal or commercial potential are iden- back the balance of my time. tial for medications. Marine plants and animals tified for possible research and development; The SPEAKER pro tempore. The possess inestimable potential in the treatment of and question is on the motion offered by human illnesses. Coral reefs, sometimes de- (8) identify countries and organizations that the gentleman from New Jersey (Mr. scribed as the rain forests of the sea, contain would be likely to participate in a coordinated uncommon chemicals that may be used to fight oceanography program. SAXTON) that the House suspend the diseases for which scientists have not yet found (d) IMPLEMENTATION.—If the Panel determines rules and pass the bill, H.R. 4840, as a cure, such as cancer, acquired immuno- that a coordinated oceanography program is amended. deficiency syndrome (AIDS), and diabetes. feasible and has significant value for advancing The question was taken; and (two- While the number of new chemical compounds mankind’s knowledge of the ocean, the Panel thirds having voted in favor thereof) that can be derived from land based plants and shall include in its final report recommendations

VerDate 12-SEP-2000 03:37 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 6333 E:\CR\FM\K12SE7.033 pfrm02 PsN: H12PT1 H7386 CONGRESSIONAL RECORD — HOUSE September 12, 2000 for implementing such program, including rec- nology over the past 15 years, the ican Samoa (Mr. FALEOMAVAEGA). I ommendations regarding— United States does not have yet a com- would just like to comment, relative to (1) the institutional arrangements, treaties, or prehensive plan for determining what his concerns on duplication, obviously laws necessary to implement a coordinated data needs to be collected or for inte- oceanography program; the Oceans Act that we passed here a (2) the methods and incentives needed to se- grating that data into a usable system. short time ago is a very important act cure cooperation and commitments from partici- This bill, H.R. 2090, is a positive step because it essentially provides for an pating nations to ensure that the benefit that in moving this technology forward in opportunity to take a look at how each nation that is a party to any international an efficient way; and I urge support of United States ocean policy is developed agreement establishing a coordinated oceanog- the exploration. And I might say at and carried out. Obviously, the Strat- raphy program receives is contingent upon meet- this point, Mr. Speaker, that I con- ton Commission that was created in ing the nation’s obligations (financial and oth- gratulate the gentleman from Pennsyl- the late 1960s and reported to the Con- erwise) under such an agreement; vania (Mr. GREENWOOD) for leading us (3) the costs associated with establishing a co- gress in 1969 provided an opportunity ordinated oceanography program; to the floor with this very important for us to make some changes and estab- (4) the types of undersea vehicles, ships, ob- piece of legislation. lish a great organization known as the serving systems, or other equipment that would Mr. Speaker, I reserve the balance of National Oceanic and Atmospheric Ad- be necessary to operate a coordinated oceanog- my time. ministration. raphy program; and Mr. FALEOMAVAEGA. Mr. Speaker, This bill differs in two ways. Number (5) how utilization of aboriginal observational I yield myself such time as I may con- data and other historical information may be one, it is international in scope, which sume. gives us the opportunity to cooperate best incorporated into a coordinated oceanog- (Mr. FALEOMAVAEGA asked and with, exchange information with, ex- raphy program. was given permission to revise and ex- tract cooperative efforts from our SEC. 5. OBTAINING DATA. tend his remarks.) Subject to national security restrictions, the Mr. FALEOMAVAEGA. Mr. Speaker, friends around the world who are also Panel may obtain from any department or agen- I again compliment and thank my good engaged in various types of oceanog- cy of the United States information necessary to raphy studies and the development of enable it to carry out this Act. Upon request of friend, the chairman of the Sub- committee on Fisheries Conservation, technology. I think that many of our the chairperson of the Panel, the head of any friends around the world recognize, as department or agency shall furnish that infor- Wildlife and Oceans for his manage- mation at no cost to the Panel. ment of this legislation, and I do com- we do, that there is a need for better ocean stewardship, and to the extent SEC. 6. AUTHORIZATION OF APPROPRIATIONS. mend the gentleman from Pennsyl- There are authorized to be appropriated for vania (Mr. GREENWOOD) as the chief au- that we can cooperate with them the purposes of carrying out this Act, and to re- thor of this legislation, H.R. 2090. through programs like the one that we main available until expended, $1,500,000. Mr. Speaker, the world’s oceans are are creating or moving to create here The SPEAKER pro tempore. Pursu- critical to human health, as well as the today will be, I think, a great advan- ant to the rule, the gentleman from vitality of our entire planet. The estab- tage. New Jersey (Mr. SAXTON) and the gen- lishment of an advisory panel to exam- Secondly, the Oceans Act takes a tleman from American Samoa (Mr. ine the feasibility and value of a co- broad look at United States ocean pol- FALEOMAVAEGA) each will control 20 ordinated domestic and international icy, domestic policy. This act is a very minutes. oceanography program makes good narrow focus on technology, and so I The Chair recognizes the gentleman sense. think that is an important distinction from New Jersey (Mr. SAXTON). With this in mind, I do support the and one that mitigates for the impor- GENERAL LEAVE principles and the provisions behind tant passage of this bill. Mr. SAXTON. Mr. Speaker, I ask the passage of the Exploration of the Mr. Speaker, I yield such time as he unanimous consent that all Members Seas Act. I just have a little concern may consume to the gentleman from may have 5 legislative days within about the relevance and the need of the Pennsylvania (Mr. GREENWOOD). Mr. GREENWOOD. Mr. Speaker, I which to revise and extend their re- legislation, given the fact that earlier thank the gentleman from New Jersey marks and to include extraneous mate- this year we did pass the Oceans Act of (Mr. SAXTON) not only for yielding to rial on H.R. 2090. 2000 which was passed by the Congress The SPEAKER pro tempore. Is there and subsequently signed by the Presi- me but for all of his help in moving objection to the request of the gen- dent on August 7 of this year. this bill through the subcommittee, as tleman from New Jersey? This law already establishes a com- well as the minority ranking member. There was no objection. mission to evaluate and make rec- Mr. Speaker, today I rise in strong Mr. SAXTON. Mr. Speaker, I yield ommendations on oceans policy. And I support of the Exploration of the Seas myself such time as I may consume. just thought that maybe there may be Act, H.R. 2090, which is a necessary Mr. Speaker, H.R. 2090 requires the a little duplication here, but on the step if mankind is ever to realize the Secretary of Commerce to contract other hand I think on anything rel- untapped potential of the world’s with the National Academy of Sciences evant to the situation affecting the oceans. to establish a Coordinated Oceano- oceans policies, where over the years The Exploration of the Seas Act ac- graphic Program Advisory Panel. The we really have not given really any complishes this goal by directing the Panel will submit a report to Congress real substantive examination of this Secretary of Commerce to contract on the feasibility and social value of a very, very important issue, perhaps the with the National Academy of Sciences coordinated international oceanog- gentleman’s legislation will add on to to establish a coordinated oceano- raphy program. what we are sincerely trying to bring graphic program advisory panel com- Recent technical advances have about this real coordinated effort with prised of experts in ocean studies, given us the ability to fully explore the all the agencies involved between the which will create a blueprint of how to world’s oceans. White House and especially with the implement an international undersea exploration effort. b 1500 Congress so we can really look at a na- tional oceans policy having the partici- A visitor to our solar system asked As an example, in the district that I pation and coordination of all relevant to name the third planet from the sun am privileged to represent, a project in Federal agencies that should be a par- would most certainly not name it Tuckerton, New Jersey, called the ticipant in this effort. I just wanted to Earth as early land-bound humans did, Long-term Ecological Observatory, express that concern. but rather Oceania for the dominating better known to us at home as FEO–15, I urge my colleagues to pass this leg- character of its seas. Seventy-five per- measures ocean processes along the islation. cent of our planet’s surface and 95 per- New Jersey coast and in Little Egg Mr. Speaker, I reserve the balance of cent of its biosphere is ocean. Harbor and Barnegat Bay. This legisla- my time. Life began in the sea, which is now tion will enhance programs just like Mr. SAXTON. Mr. Speaker, I yield the home of somewhere between 10 and FEO–15 for their success. myself such time as I may consume. 100 million spectacularly diverse spe- While there have been many tremen- Mr. Speaker, I appreciate very much cies. Ninety-seven percent of the plan- dous advances in oceanography tech- the support of my friend from Amer- et’s water is in its oceans. The oceans

VerDate 12-SEP-2000 03:37 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.030 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7387 are the engines for our terrestrial so important to my district and the Stream, the areas relative to the Pa- weather patterns, the highway for beaches that I know the gentleman vis- cific area where ocean policy needs to international trade. Fifteen percent of its in the summertime. be really firmly established as far as the protein consumed by humans We have been successful in making our Nation is concerned. And I thank comes from the sea. sure that chemical dumping is taken the gentleman for bringing this legisla- Beneath the ocean floor lies unimagi- care of in ways outside the ocean. tion, hopefully, as a means of comple- nable quantities of oil, gas, coal, and There is one burning issue off the menting what we are trying to do with minerals. Marine plants and animals coast of New Jersey that the gen- other pieces of legislation. possess inestimable biotechnological tleman and I love very much, that is I recall I recently attended a Con- potential in the treatment of human the shore that we love very much, and ference on Marine Debris; the billions illness. Coral reefs, sometimes de- that is that this administration is cur- of dollars in costs for some of the scribed as the rain forest of the sea, rently issuing permits to dump con- things that I had listened to rep- contain uncommon chemicals that may taminated dredge spoils off Sandy resented from some 20 nations in the be used to fight diseases for which sci- Hook. And these are the kinds of non- Pacific region, and one of the things entists have not yet found a cure, such thinking, bad ideas that we need to that I noticed quite well was their re- as cancer, AIDS and diabetes. avoid. The dumping of dredge spoils sponse in looking up to the leaders of While the number of new chemical with contaminants such as mercury our Nation to take the leadership in compounds that can be derived from and lead and PCBs and other things this effort because of the fact that we land-based plants and microbial fer- that are poisonous to the human body do have the resources and, hopefully, mentation is limited, scientists have and to the creatures that live in the that we will commit such resources to only just begun to explore the sea’s ocean is something that we need to pay assist in this effort. vast molecular potential. a lot more of attention to. I do not know if our colleagues are The oceans are our source, our suste- So while we have had some successes, aware that every year we have to im- nance and the key to our future sur- we have a long way to go. And this bill port over $9 billion worth of fish from vival. But the capacity of the seas to creating an awareness and a study, a other countries. My question is: Why absorb our waste and fulfill our desires further study of technologies about are we not producing enough of our is not without limit. Twenty percent of what we can do and what we should not own domestic consumption demand of the world’s coral reefs have been de- do and what we cannot do to the ocean fish in the States and in our own do- stroyed, 20 percent and counting. environment, is extremely important. mestic consumption needs? Oceans are the dumping grounds for Mr. GREENWOOD. Mr. Speaker, will The situation of ornamental fish, it municipal trash, sewage and even nu- the gentleman yield? is about a $6 billion industry. The point clear waste. More than two-thirds of Mr. SAXTON. I yield to the gen- is that with the economics of all of this the world’s marine fish stocks have tleman from Pennsylvania. dealing with fisheries, I do think we do been fished beyond their maximum Mr. GREENWOOD. Mr. Speaker, once need to establish that policy. I thank productivity. again, I appreciate that. the gentleman from Pennsylvania (Mr. If our children’s children are to in- As the gentleman pointed out, the GREENWOOD) for this legislation and my herit the ocean’s bounty, we must United States Congress has done a good friend, the gentleman from New come to understand and manage it far great deal, particularly with the lead- Jersey (Mr. SAXTON). I do urge my col- better than we do today; and I am con- ership of the gentleman from New Jer- leagues to support this legislation. fident the Exploration of the Seas Act sey (Mr. SAXTON), in reducing the pol- Mr. Speaker, I yield back the balance will assist in achieving that goal. lution that the United States adds to of my time. I urge support of H.R. 2090. Mr. the oceans in reducing the over exploi- Mr. SAXTON. Mr. Speaker, I yield Speaker, we spend billions of dollars in tation in which we engage. But the rest myself such time as I may consume. outer space and NASA programs. I sup- of the world continues in many parts, Mr. Speaker, in closing, let me just port that. I think it is fascinating that whether it is in India, or in China, in say that the gentleman’s help is very the Russians and Americans have Asia. The Russians have a very long much appreciated. We need to under- achieved such amazing goals in our way to go, and that is why I think this stand issues like ocean dumping and space station, but by contrast we spend international cooperation is what is this bill provides the forum in which pennies on explorations of our oceans. really needed both to explore the we can look at the technology so that And yet our survival as a species de- oceans and to protect them for the fu- we can better understand. I thought we pends on our oceans. This legislation ture generations. And I thank the gen- understood because we stopped dump- will begin the process by which I hope tleman again for all of his support ing ocean sludge, sewage sludge in the the nations of the world, the great na- Mr. SAXTON. Mr. Speaker, I again ocean. We stopped dumping chemicals tions of the world, can combine our ef- commend the gentleman for bringing in the ocean, but we still have this forts and begin to devote the kind of this very good and important legisla- burning problem of dumping contami- attention that we need to devote to our tion to the floor. nated dredge spoils in the ocean. It is a oceans for our own survival and for the Mr. FALEOMAVAEGA. Mr. Speaker, practice which is unwarranted, and betterment of our species. I yield myself such time as I may con- this bill, hopefully, will provide an op- I again thank the chairman of the sume. portunity for the administration to un- subcommittee and the ranking member Mr. Speaker, again I want to com- derstand that this is bad policy. for all of their support. pliment and thank my good friend, the Mr. FARR of California. Mr. Speaker, I am Mr. SAXTON. Mr. Speaker, I yield gentleman from Pennsylvania (Mr. pleased to be a cosponsor of H.R. 2090, The myself such time as I may consume. GREENWOOD), for his comments, espe- Exploration of the Seas Act. This bill requires Mr. Speaker, while the gentleman cially as the author of this legislation, the Commerce Department to contract with was speaking, I thought back of all the and thank also the chairman of our the National Academy of Sciences (NAS) to efforts that we have been involved in subcommittee for managing the bill establish an advisory panel to study the feasi- together, Members of both parties, in now before the floor. bility and social value of creating a coordi- trying to address one of the issues that I want to note also so many things nated international oceanographic exploration the gentleman from Pennsylvania (Mr. relative to oceans policy of our Nation. and study program. GREENWOOD) just spoke of that namely I think our Nation is one of the few na- For too long crucial policy decisions regard- the ocean is not the kind of expanse tions, if we look at the geography ing the development and use of our oceans that can absorb our wastes for time un- alone, are from the Atlantic coastal and coastal regions have been made with too limited. And during the time that we States, the State of Florida in par- little information. Two years ago, at my initi- have been in the Congress, we have ticular, the Gulf States and then the ation, President Clinton convened the first stopped ocean sludge dumping. We have entire Pacific coast. Probably no other ever National Ocean Conference in Monterey, been successful in passing the act to nation, in my opinion, has had this di- California. The purpose of the White House make sure that people do not dump rect exposure to the problems, whether conference was to bring national attention on medical waste in the ocean, which was it be the Atlantic Ocean, the Gulf the need to protect and preserve our

VerDate 12-SEP-2000 04:23 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 9920 E:\CR\FM\K12SE7.026 pfrm02 PsN: H12PT1 H7388 CONGRESSIONAL RECORD — HOUSE September 12, 2000 oceansÐwhich cover 71 percent of the Earth's H.R. 4318 retary publishes, in the Federal Register and surface and are key to the life support system Be it enacted by the Senate and House of Rep- publications of local circulation in the vicin- for all creatures on our planet. resentatives of the United States of America in ity of the area within the boundaries re- ferred to in that paragraph, a notice that Following the National Ocean Conference, I Congress assembled, SECTION 1. SHORT TITLE. sufficient property has been acquired by the introduced the Oceans Act with several of my United States within those boundaries to colleagues. This bipartisan bill, which was This Act may be cited as the ‘‘Red River National Wildlife Refuge Act’’. constitute an area that can be efficiently signed into law by the President on August 8, SEC. 2. FINDINGS. managed as a National Wildlife Refuge. 2000, will create a national Oceans Commis- The Congress finds the following: SEC. 4. ADMINISTRATION OF REFUGE. sion to bring together ocean and coastal ex- (1) The area of Louisiana known as the Red (a) IN GENERAL.—The Secretary shall ad- perts, policy makers, environmental groups, River Valley, located along the Red River minister all lands, waters, and interests and industry representatives to take a com- Waterway in Caddo, Bossier, Red River, therein acquired under section 5 in accord- prehensive look at our nation's ocean and Natchitoches, and De Soto Parishes, is of ance with— coastal policies. In constant dollars, Federal critical importance to over 350 species of (1) the National Wildlife Refuge System expenditures for ocean activities are about birds (including migratory and resident wa- Administration Act of 1966 (16 U.S.C. 668dd et terfowl, shore birds, and neotropical migra- one-third of what they were thirty years ago, seq.) and the Act of September 28, 1962 (76 tory birds), aquatic life, and a wide array of Stat. 653; 16 U.S.C. 460k et seq.; commonly when Congress convened a similar commis- other species associated with river basin eco- sion that led to the creation of the National known as the Refuge Recreation Act); systems. (2) the purposes of the Refuge set forth in Oceanic and Atmospheric Administration. (2) The bottomland hardwood forests of the section 3(b); and This summer I co-chaired the Oceans Policy Red River Valley have been almost totally (3) the management plan issued under sub- Conference, to move beyond crisis manage- cleared. Reforestation and restoration of na- section (b). tive habitat will benefit a host of species. ment to a policy that balances conservation (b) MANAGEMENT PLAN.— and development, with the guiding principles (3) The Red River Valley is part of a major continental migration corridor for migra- (1) IN GENERAL.—Not later than 18 months of sustainability. It is vital that the United tory birds funneling through the mid con- after the date of the establishment of the States take the leadership in ensuring that the tinent from as far north as the Arctic Circle Refuge, the Secretary shall issue a manage- oceans are protected so that the ocean bene- and as far south as South America. ment plan for the Refuge. fits we enjoy today will be available for future (4) There are no significant public sanc- (2) CONTENTS.—The management plan shall generations. Sound science and careful explo- tuaries for over 300 river miles on this impor- include provisions that provide for the fol- lowing: ration will lay the groundwork for sustainable tant migration corridor, and no significant Federal, State, or private wildlife sanc- (A) Planning and design of trails and ac- use of existing ocean resources and future un- cess points. tapped reserves. tuaries along the Red River north of Alexan- dria, Louisiana. (B) Planning of wildlife and habitat res- The bill before us today, the Exploration of (5) Completion of the lock and dam system toration, including reforestation. the Seas Act, builds on the foundation laid by associated with the Red River Waterway (C) Permanent exhibits and facilities and my previous initiatives and those of other project up to Shreveport, Louisiana, has en- regular educational programs throughout Members to raise global awareness of the im- hanced opportunities for management of fish the Refuge. portance of our oceans. For example, gas hy- and wildlife. (D) Ensuring that compatible hunting, fishing, wildlife observation and photog- drates found in seabed floor deposits may be (6) The Red River Valley offers extraor- dinary recreational, research, and edu- raphy, and environmental education and in- the energy source of the future to replace tra- terpretation are the priority general public ditional fossil fuels. Half of the pharma- cational opportunities for students, sci- entists, bird watchers, wildlife observers, uses of the Refuge, in accordance with sec- ceuticals under development to treat cancer hunters, anglers, trappers, hikers, and na- tion 4(a)(3) and (4) of the National Wildlife are derived from marine species. These two ture photographers. Refuge System Administration Act of 1966 examples alone adequately illustrate that now (7) The Red River Valley is an internation- (16 U.S.C. 668ee(a)(3), (4)). is the time to explore the poorly understood ally significant environmental resource that (3) PUBLIC PARTICIPATION.— resources of the oceans, so we may be pre- has been neglected and requires active res- (A) IN GENERAL.—The Secretary shall pro- toration and management to protect and en- vide an opportunity for public participation pared to wisely manage them in the future. in developing the management plan. We know more about the surface of the hance the value of the region as a habitat for fish and wildlife. (B) LOCAL VIEWS.—The Secretary shall give moon than the bottom of the oceans. H.R. special consideration to views by local public 2090 remedies this situation by making an im- SEC. 3. ESTABLISHMENT AND PURPOSES OF REF- UGE. and private entities and individuals in devel- oping the management plan. portant step towards discovering the unknown (a) ESTABLISHMENT.— treasures hidden below the surface of the (1) IN GENERAL.—The Secretary shall estab- (c) WILDLIFE INTERPRETATION AND EDU- ocean. lish the Red River National Wildlife Refuge, CATION CENTER.— Mr. Speaker, I yield back the balance consisting of approximately 50,000 acres of (1) IN GENERAL.—The Secretary shall con- of my time. Federal lands, waters, and interests therein struct, administer, and maintain, at an ap- The SPEAKER pro tempore (Mr. within the boundaries depicted upon the map propriate site within the Refuge, a wildlife interpretation and education center. QUINN). The question is on the motion entitled ‘‘Red River National Wildlife Ref- (2) PURPOSES.—The center shall be de- offered by the gentleman from New uge—Selection Area’’, dated September 5, 2000. signed and operated— AXTON Jersey (Mr. S ) that the House (2) BOUNDARY REVISIONS.—The Secretary (A) to promote environmental education; suspend the rules and pass the bill, shall make such minor revisions of the and H.R. 2090, as amended. boundaries of the Refuge as may be appro- (B) to provide an opportunity for the study The question was taken. priate to carry out the purposes of the Ref- and enjoyment of wildlife in its natural habi- Mr. SAXTON. Mr. Speaker, on that I uge or to facilitate the acquisition of prop- tat. demand the yeas and nays. erty within the Refuge. (d) ASSISTANCE TO RED RIVER WATERWAY The yeas and nays were ordered. (3) AVAILABILITY OF MAP.—The Secretary COMMISSION.—The Secretary shall provide to The SPEAKER pro tempore. Pursu- shall keep the map referred to in paragraph the Red River Waterway Commission— (1) available for inspection in appropriate of- (1) technical assistance in monitoring ant to clause 8 of rule XX and the fices of the United States Fish and Wildlife water quality, noxious plants, and exotic or- Chair’s prior announcement, further Service. ganisms, and in preventing siltation of prime proceedings on this motion will be (b) PURPOSES.—The purposes of the Refuge fisheries habitat; and postponed. are the following: (2) where appropriate and available, fish f (1) To provide for the restoration and con- for stocking. servation of native plants and animal com- b munities on suitable sites in the Red River SEC. 5. ACQUISITION OF LANDS, WATERS, AND IN- 1515 TERESTS THEREIN. basin, including restoration of extirpated RED RIVER NATIONAL WILDLIFE species. (a) IN GENERAL.—The Secretary may ac- REFUGE ACT (2) To provide habitat for migratory birds. quire up to 50,000 acres of lands, waters, or interests therein within the boundaries of Mr. SAXTON. Mr. Speaker, I move to (3) To provide technical assistance to pri- vate land owners in the restoration of their the Refuge described in section 3(a)(1). suspend the rules and pass the bill lands for the benefit of fish and wildlife. (b) INCLUSION IN REFUGE.—Any lands, wa- (H.R. 4318) to establish the Red River (c) EFFECTIVE DATE.—The establishment of ters, or interests acquired by the Secretary National Wildlife Refuge, as amended. the Refuge under paragraph (1) of subsection under this section shall be part of the Ref- The Clerk read as follows: (a) shall take effect on the date the Sec- uge.

VerDate 12-SEP-2000 04:23 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.068 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7389 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. made to improve the provisions of H.R. share of a unique federal, state, local and pri- There are authorized to be appropriated to 4318 since it was ordered reported fa- vate partnership being proposed by local con- the Secretary such sums as may be nec- vorably by the Committee on Re- essary to carry out this Act. servationists, including Paul and Skipper sources in July of this year. SEC. 7. DEFINITIONS. Dickson and other members of the Friends of For purposes of this Act: It is my understanding, Mr. Speaker, the Red River Refuges, to restore and man- (1) REFUGE.—The term ‘‘Refuge’’ means the that the final maps depicting the pro- age approximately ten percent of the 800,000- Red River National Wildlife Refuge estab- posed acquisition boundaries for this acre Red River Alluvial Valley in Louisiana. lished under section 3. new refuge have been agreed to by the Funding for land acquisition would come from (2) SECRETARY.—The term ‘‘Secretary’’ bill’s sponsor, my good friend, the gen- the Migratory Bird Fund and the Land and means the Secretary of the Interior. tleman from Louisiana (Mr. MCCRERY), Water Conservation Fund. The SPEAKER pro tempore (Mr. and by the Fish and Wildlife Service. I H.R. 4318 calls for significant local public in- QUINN). Pursuant to the rule, the gen- support these boundaries; and with this volvement in the delineation of refuge bound- tleman from New Jersey (Mr. SAXTON) last remaining issue resolved, I am aries and the formulation of a refuge manage- and the gentleman from American comfortable with moving this bill for- ment plan. The bill also encourages public use Samoa (Mr. FALEOMAVAEGA) each will ward with passage today. of refuge lands and environmental outreach control 20 minutes. This legislation, Mr. Speaker, will programs and facilities, including the author- The Chair recognizes the gentleman help restore and protect in perpetuity, ization of wildlife interpretation and education from New Jersey (Mr. SAXTON). valuable wetlands and wildlife habitats center associated with the refuge. GENERAL LEAVE along the Red River in northern Lou- I would like to thank House Resources Mr. SAXTON. Mr. Speaker, I ask isiana. This bill is supported by the ad- Committee Chairman DON YOUNG, Fisheries unanimous consent that all Members ministration and has strong bipartisan Conservation, Wildlife and Oceans Sub- may have 5 legislative days within support on both sides of the aisle on committee Chairman JIM SAXTON, and the which to revise and extend their re- the Committee on Resources. other members of the Resources Committee Mr. Speaker, I urge my colleagues to marks and to exclude extraneous mate- for their support for this proposal. I urge mem- support this legislation. rial therein on H.R. 4318, as amended. bers of the House to vote in favor of this legis- Mr. MCCRERY. Mr. Speaker, I would like to The SPEAKER pro tempore. Is there lation so we may undertake this important express my strong support for H.R. 4318, the objection to the request of the gen- conservation and restoration project as soon Red River National Wildlife Refuge Act. This tleman from New Jersey? as possible. There was no objection. measure, which I introduced, establishes the Mr. SAXTON. Mr. Speaker I yield Red River National Wildlife Refuge in Caddo, Mr. SAXTON. Mr. Speaker, I yield back the balance of my time. myself such time as I may consume. Bossier, Red River, Natchitoches, and DeSoto Mr. FALEOMAVAEGA. Mr. Speaker, Mr. Speaker, H.R. 4318 was intro- Parishes in the Fourth Congressional District I yield back the balance of my time. duced by our colleague, the gentleman of Louisiana. The SPEAKER pro tempore. The At present, there are 20 national wildlife ref- from Louisiana (Mr. MCCRERY). It will question is on the motion offered by uges in the State of Louisiana which host over establish the Red River National Wild- the gentleman from New Jersey (Mr. 1.4 million visitors annually. However, not a life Refuge in Louisiana. SAXTON) that the House suspend the The Red River Valley is part of a his- single national wildlife refuge exists in North- rules and pass the bill, H.R. 4318, as toric migratory corridor that is used west Louisiana to meet a demonstrated envi- ronmental need in the Red River Alluvial Val- amended. by over 350 different species of birds. The question was taken; and (two- ley. These species include migratory water- thirds having voted in favor thereof) fowl, shorebirds, and neotropical mi- The Red River Alluvial Valley is an inter- nationally significant environmental resource the rules were suspended and the bill gratory songbirds. H.R. 4318, as amended, was passed. It is part of the Mid-Continent that has been neglected and requires active A motion to reconsider was laid on Flyway region that stretches as far restoration and management to protect and the table. north as the Arctic Circle and as far enhance the value of the region as habitat for f south as Tierra del Fuego, South fish and wildlife. America. The Red River Valley is part of a major con- CORINTH BATTLEFIELD Under the terms of the bill, the Sec- tinental migration corridor for migratory birds PRESERVATION ACT OF 1999 retary of Interior is provided with the funneling through North America from as far north as the Arctic Circle to as far south as Mr. HANSEN. Mr. Speaker, I move to authority to acquire up to 50,000 acres suspend the rules and pass the Senate of land, water and other interests for Tierra del Fuego in South America. This valley is of critical environmental importance to over bill (S. 1117) to establish the Corinth inclusion in the refuge. Unit of Shiloh National Military Park, I fully expect that all private land 350 species of birds (including migratory and in the vicinity of the city of Corinth, acquired by the Red River Refuge will resident waterfowl, shore birds, and Mississippi, and in the State of Ten- be purchased from willing sellers. neotropical migratory birds), aquatic life, and a Mr. Speaker, I compliment the gen- wide array of other species associated with nessee, and for other purposes. The Clerk read as follows: tleman from Louisiana (Mr. MCCRERY) river basin ecosystems. for his tireless leadership on behalf of However, since the 1820s, the Red River S. 1117 this legislation. The gentleman has Valley has been almost totally cleared of its Be it enacted by the Senate and House of Rep- worked extremely closely with local, forest cover, primarily due to agricultural pro- resentatives of the United States of America in Congress assembled, State, and Federal officials to make duction. The recent completion of the Red SECTION 1. SHORT TITLE. the Red River National Wildlife Refuge River Waterway project in Louisiana and the land-use changes away from agricultural pro- This Act may be cited as the ‘‘Corinth Bat- a reality. I obviously urge an aye vote tlefield Preservation Act of 1999’’. on 4318. duction in the area have enhanced opportuni- ties for environmental restoration and manage- SEC. 2. FINDINGS AND PURPOSES. Mr. Speaker, I reserve the balance of (a) FINDINGS.—Congress finds that— my time. ment of fish and wildlife in the Red River Val- (1) in 1996, Congress authorized the estab- Mr. FALEOMAVAEGA. Mr. Speaker, ley. lishment and construction of a center— I yield myself such time as I may con- H.R. 4318 authorizes the acquisition of up (A) to facilitate the interpretation of the sume. to 50,000 acres of land, waters, or interests Siege and Battle of Corinth and other Civil (Mr. FALEOMAVAEGA asked and therein in Caddo, Bossier, Red River, DeSoto, War actions in the area in and around the was given permission to revise and ex- and Natchitoches Parishes for inclusion in the city of Corinth, Mississippi; and tend his remarks.) Red River National Wildlife Refuge. The ref- (B) to enhance public understanding of the Mr. FALEOMAVAEGA. Mr. Speaker, uge is envisioned to take the form of several significance of the Corinth campaign and the I want to compliment and thank my large tracts of refuge lands comprising several Civil War relative to the western theater of operations, in cooperation with— good friend from New Jersey (Mr. thousand acres apiece, managed as a system (i) State or local governmental entities; SAXTON) for his management of this to restore and preserve fish and wildlife habi- (ii) private organizations; and legislation. tat. (iii) individuals; Mr. Speaker, I am pleased with the The Red River National Wildlife Refuge, au- (2) the Corinth Battlefield was ranked as a cooperation and progress that has been thorized in this Act, represents the federal priority 1 battlefield having critical need for

VerDate 12-SEP-2000 04:56 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.031 pfrm02 PsN: H12PT1 H7390 CONGRESSIONAL RECORD — HOUSE September 12, 2000 coordinated nationwide action by the year (1) the State of Mississippi (including a po- (2) are under the ownership of— 2000 by the Civil War Sites Advisory Com- litical subdivision of the State); (A) the State of Mississippi (including a mission in its report on Civil War Battle- (2) the State of Tennessee (including a po- political subdivision of the State); fields of the United States; litical subdivision of the State); or (B) the State of Tennessee (including a po- (3) there is a national interest in pro- (3) the organization known as ‘‘Friends of litical subdivision of the State); tecting and preserving sites of historic sig- the Siege and Battle of Corinth’’. (C) a nonprofit organization; or nificance associated with the Civil War; and SEC. 6. PARK MANAGEMENT AND ADMINISTRA- (D) a private person. (4) the States of Mississippi and Tennessee TION. (b) CONTENTS OF STUDY.—The study shall— and their respective local units of (a) IN GENERAL.—The Secretary shall ad- (1) identify the full range of resources and government— minister the Unit in accordance with this historic themes associated with the Civil (A) have the authority to prevent or mini- Act and the laws generally applicable to War Siege and Battle of Corinth in 1862, in- mize adverse uses of these historic resources; units of the National Park System, cluding the relationship of the campaign to and including— other operations in the western theater of (B) can play a significant role in the pro- (1) the Act entitled ‘‘An Act to establish a the Civil War that occurred in— tection of the historic resources related to National Park Service, and for other pur- (A) the area in and around the city of Cor- the Civil War battles fought in the area in poses’’, approved August 25, 1916 (16 U.S.C. 1 inth; and and around the city of Corinth. et seq.); and (B) the State of Tennessee; (b) PURPOSES.—The purposes of this Act (2) the Act entitled ‘‘An Act to provide for (2) identify alternatives for preserving fea- are— the preservation of historic American sites, tures from the Civil War era in the area in (1) to establish the Corinth Unit of the Shi- buildings, objects, and antiquities of na- and around the city of Corinth, including loh National Military Park— tional significance, and for other purposes’’, both military and civilian themes (A) in the city of Corinth, Mississippi; and approved August 21, 1935 (16 U.S.C. 461 et involving— (B) in the State of Tennessee; seq.). (A) the role of the railroad in the Civil (2) to direct the Secretary of the Interior (b) DUTIES.—In accordance with section 602 War; to manage, protect, and interpret the re- of the Omnibus Parks and Public Lands Man- (B) the story of the Corinth contraband sources associated with the Civil War Siege agement Act of 1996 (16 U.S.C. 430f–5), the camp; and and the Battle of Corinth that occurred in Secretary shall— (C) the development of field fortifications and around the city of Corinth, in coopera- (1) commemorate and interpret, for the as a tactic of war; tion with— benefit of visitors and the general public, the (3) identify potential partners that might (A) the State of Mississippi; Siege and Battle of Corinth and other Civil support efforts by the Secretary to carry out (B) the State of Tennessee; War actions in the area in and around the this Act, including— (C) the city of Corinth, Mississippi; city of Corinth within the larger context of (A) State entities and their political sub- (D) other public entities; and the Civil War and American history, includ- divisions; (E) the private sector; and ing the significance of the Civil War Siege (B) historical societies and commissions; (3) to authorize a special resource study to and Battle of Corinth in 1862 in relation to (C) civic groups; and identify other Civil War sites area in and other operations in the western theater of (D) nonprofit organizations; around the city of Corinth that— the Civil War; and (4) identify alternatives to avoid land use (A) are consistent with the themes of the (2) identify and preserve surviving features conflicts; and Siege and Battle of Corinth; from the Civil War era in the area in and (5) include cost estimates for any nec- (B) meet the criteria for designation as a around the city of Corinth, including both essary activity associated with the alter- unit of the National Park System; and military and civilian themes that include— natives identified under this subsection, (C) are considered appropriate for inclusion (A) the role of railroads in the Civil War; including— in the Unit. (B) the story of the Corinth contraband (A) acquisition; SEC. 3. DEFINITIONS. camp; and (B) development; In this Act: (C) the development of field fortifications (C) interpretation; (1) MAP.—The term ‘‘Map’’ means the map as a tactic of war. (D) operation; and entitled ‘‘Park Boundary-Corinth Unit’’, (c) COOPERATIVE AGREEMENTS.— (E) maintenance. numbered 304/80,007, and dated October 1998. (1) IN GENERAL.—To carry this Act, the (c) REPORT.—Not later than 1 year and 180 (2) PARK.—The term ‘‘Park’’ means the Secretary may enter into cooperative agree- days after the date on which funds are made Shiloh National Military Park. ments with entities in the public and private available to carry out this section, the Sec- (3) SECRETARY.—The term ‘‘Secretary’’ sectors, including— retary shall submit a report describing the means the Secretary of the Interior. (A) colleges and universities; findings of the study under subsection (a) (4) UNIT.—The term ‘‘Unit’’ means the Cor- (B) historical societies; to— inth Unit of Shiloh National Military Park (C) State and local agencies; and (1) the Committee on Energy and Natural established under section 4. (D) nonprofit organizations. Resources of the Senate; and SEC. 4. ESTABLISHMENT OF UNIT. (2) TECHNICAL ASSISTANCE.—To develop co- (2) the Committee on Resources of the (a) IN GENERAL.—There is established in operative land use strategies and conduct ac- House of Representatives. the States of Mississippi and Tennessee the tivities that facilitate the conservation of SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Corinth Unit of the Shiloh National Military the historic, cultural, natural, and scenic re- There are authorized to be appropriated Park. sources of the Unit, the Secretary may pro- such sums as are necessary to carry out this (b) COMPOSITION OF UNIT.—The Unit shall vide technical assistance, to the extent that Act, including $3,000,000 for the construction be comprised of— a recipient of technical assistance is engaged of an interpretive center under section 602(d) (1) the tract consisting of approximately 20 in the protection, interpretation, or com- of title VI of the Omnibus Parks and Public acres generally depicted as ‘‘Battery memoration of historically significant Civil Lands Management Act of 1996 (16 U.S.C. Robinett Boundary’’ on the Map; and War resources in the area in and around the 430f–5(d)). (2) any additional land that the Secretary city of Corinth, to— determines to be suitable for inclusion in the (A) the State of Mississippi (including a The SPEAKER pro tempore. Pursu- Unit that— political subdivision of the State); ant to the rule, the gentleman from (A) is under the ownership of a public enti- (B) the State of Tennessee (including a po- Utah (Mr. HANSEN and the gentleman ty or nonprofit organization; and litical subdivision of the State); from American Samoa (Mr. (B) has been identified by the Siege and (C) a governmental entity; FALEOMAVAEGA) each will control 20 Battle of Corinth National Historic Land- (D) a nonprofit organization; and minutes. mark Study, dated January 8, 1991. (E) a private property owner. The Chair recognizes the gentleman (c) AVAILABILITY OF MAP.—The Map shall (d) RESOURCES OUTSIDE THE UNIT.—Nothing from Utah (Mr. HANSEN). be on file and available for public inspection in subsection (c)(2) authorizes the Secretary Mr. HANSEN. Mr. Speaker, I yield in the office of the Director of the National to own or manage any resource outside the Park Service. Unit. myself such time as I may consume. SEC. 5. LAND ACQUISITION. SEC. 7. AUTHORIZATION OF SPECIAL RESOURCE Mr. Speaker, S. 1117 establishes the (a) IN GENERAL.—The Secretary may ac- STUDY. Corinth Unit of the Shiloh National quire land and interests in land within the (a) IN GENERAL.—To determine whether Military Park in the vicinity of Cor- boundary of the Park as depicted on the certain additional properties are appropriate inth, Mississippi, in the State of Ten- Map, by— for inclusion in the Unit, the Secretary shall nessee. Companion legislation, H.R. (1) donation; conduct a special resource study of land in 2249, was introduced by the gentleman (2) purchase with donated or appropriated and around the city of Corinth, Mississippi, from Mississippi (Mr. WICKER). The funds; or and nearby areas in the State of Tennessee (3) exchange. that— purpose of S. 1117 is to protect and (b) EXCEPTION.—Land may be acquired only (1) have a relationship to the Civil War commemorate areas associated with by donation from— Siege and Battle of Corinth in 1862; and the Civil War battle of Corinth. The

VerDate 12-SEP-2000 04:56 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.033 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7391 Corinth Unit consists of approximately Mr. Speaker, S. 1117 offered by the Risk'' by the Civil War Site Advisory Commis- 20 acres of land and is the future site of majority leader from the other body, sion. an interpretive center. the gentleman from Mississippi, would For over one hundred years, the United The Battle of Shiloh took place in build on that effort by establishing States Congress has advanced the idea that April of 1862 and is considered to be one Corinth as an official unit of the Shiloh our national interest is best served by pre- of the most important battles of the National Military Park. The new unit serving America's historic treasures, not only Civil War. Thousands of men died in would consist of the 21-acre site se- by ensuring the proper interpretation of impor- the 2-day battle with the Union forces; lected for that interpretive center, plus tant historic events, but also the places and and as a result of the Battle of Shiloh, any additional land, owned by a public properties where important military milestones Confederate troops were forced to with- or a nonprofit entity, which the Sec- occurred. draw southward. retary determines to be suitable. Mr. Speaker, this outstanding preservation The Union armies remained intact The legislation contains provisions effort would not be possible without the hard enough and to continue their south- for management of the new unit, future work and dedication of Mrs. Rosemary Wil- ward advancement, eventually taking land acquisition, a special resource liams and the Siege and Battle of Corinth Vicksburg and Port Hudson in 1863. The study of the area and authorizes an ad- Commission, along with the people of Corinth, Union advance essentially cut the ditional $3 million for the construction and Alcorn County, Mississippi. This bipartisan South in half and many knew at this of that interpretive center. bill is widely supported by local, state, re- point it was solely a matter of time be- This legislation has the support of gional, and national preservation organiza- fore the Union would prevail. the administration and bipartisan sup- tions. We must take this necessary step to The Battle of Corinth played a large port of both sides of the aisle in this protect our heritage so that generations to part in the overall battle of Shiloh. Be- committee. come can gain an understanding of the strug- cause of this, S. 1117 would direct the Mr. Speaker, I urge my colleagues to gles of our great nation. Events such as the Secretary of the Interior to manage support this bill. Siege and Battle of Corinth have helped and protect the resources associated Mr. WICKER. Mr. Speaker, I rise in support shape our American democracy and have with the Battle of Corinth by estab- of the Corinth Battlefield Preservation Act. transformed our diverse states and citizens lishing the Corinth Unit as part of the This legislation authorizes $3 million for the into a united and prosperous nation, better Shiloh National Military Park. construction of the Corinth-Civil War Preserva- prepared to meet the challenges and opportu- This bill also provides for a resource tion and Interpretive Center and its inclusion nities of the future. study to be conducted by the Secretary into the Shiloh National Military Park. The bill I urge my colleagues to support the Corinth to determine whether certain other ad- gives Corinth its proper status as one of Battlefield Preservation Act. ditional properties are appropriate for America's most pivotal and important Civil War Mr. HANSEN. Mr. Speaker, I yield inclusion in the newly established unit. sites. I would first like to thank my colleague back the balance of my time. Mr. Speaker, I urge my colleagues to from Utah, the distinguished Chairman of the Mr. FALEOMAVAEGA. Mr. Speaker, support S. 1117. Resources Subcommittee on National Parks I yield back the balance of my time. Mr. Speaker, I reserve the balance of and Public Lands, Mr. HANSEN, and the Rank- The SPEAKER pro tempore. The my time. ing Member, Mr. ROMERO-BARCELO, for hold- question is on the motion offered by Mr. FALEOMAVAEGA. Mr. Speaker, ing a hearing on this important legislation in the gentleman from Utah (MR. HANSEN) I yield myself such time as I may con- April. The bill before us today is the com- that the House suspend the rules and sume. panion to H.R. 2249, which I introduced. pass the Senate bill, S. 1117. (Mr. FALEOMAVAEGA asked and As legendary Civil War historian Ed Bearss The question was taken; and (two- was given permission to revise and ex- proclaimed, ``The Battle of Corinth was the thirds having voted in favor thereof) tend his remarks.) bloodiest battle in the State of Mississippi. the rules were suspended and the Sen- Mr. FALEOMAVAEGA. Mr. Speaker, Troops were brought from New Orleans, Mo- ate bill was passed. I thank my good friend, the gentleman bile, Texas, and Arkansas because Corinth A motion to reconsider was laid on from Utah (Mr. HANSEN), the chairman was such an important place. With the fall of the table. of the Subcommittee on National Corinth, Perryville, Kentucky, and Antietam, f Parks and Public Lands. I know the Maryland, the Confederacy was lost.'' We owe BLACK REVOLUTIONARY WAR gentleman from´ Puerto Rico (Mr. RO- it to our ancestors and to future generations to MERO-BARCELO), my colleague and good protect Corinth and the abundance of Civil PATRIOTS MEMORIAL friend, is on his way. War history in this small town. Mr. HANSEN. Mr. Speaker, I move to Mr. Speaker, as the ranking member Corinth, referred to as the ``Vertebrae of the suspend the rules and pass the bill of the Subcommittee on National South,'' was the intersection of the Memphis & (H.R. 4957) to amend the Omnibus Parks and Public Lands, I am just Charleston railroad and the Mobile & Ohio rail- Parks and Public Lands Management pinch-hitting for the gentleman from road which connected the Confederate States Act of 1996 to extend the legislative au- Puerto Rico. of America from the Mississippi River to the thority for the Black Patriots Founda- Mr. Speaker, the area in and around Atlantic Ocean and the Gulf of Mexico. Each tion to establish a commemorative the city of Corinth, Mississippi, near side recognized its significance. In a telegram work. the Mississippi-Tennessee border, to Secretary of War Edwin Stanton in May of The Clerk read as follows: played a significant role in several 1862, Union General W.H. Halleck expressed H.R. 4957 early chapters of the American Civil the importance of Corinth: ``Richmond and Be it enacted by the Senate and House of Rep- War. Corinth was the crossroads of two Corinth are now the great strategical points of resentatives of the United States of America in rail-lines vital to Confederate supply war, and our success at these points should Congress assembled, efforts, and the city served as the front be insured at all hazards,'' the telegram read. SECTION 1. BLACK REVOLUTIONARY WAR PATRI- line of the western theater of battle. Mr. Speaker, the Battle of Corinth also in- OTS MEMORIAL. The battle of Shiloh in April 1862 was volved one of the first uses of ``earthworks'' as Section 506 of the Omnibus Parks and Pub- launched after 44,000 Confederate part of modern warfare. These trenches, which lic Lands Management Act of 1996 (40 U.S.C. troops had withdrawn to Corinth to re- would later be used extensively in World Wars 1003 note; 110 Stat. 4155) is amended by strik- group and to resupply forces. I and II, are considered to be among the larg- ing ‘‘2000’’ and inserting ‘‘2005’’. Several weeks later, Union forces est and best-preserved fortification groups in The SPEAKER pro tempore. Pursu- briefly laid siege to the city, finally the nation but are in danger of being lost for- ant to the rule, the gentleman from overtaking Corinth and holding it for ever. Utah (Mr. HANSEN) and the gentleman the rest of the war. The site of the Bat- Sites such as the Corinth battlefield are far from American Samoa (Mr. tle of Shiloh is a national military too important to be known only through history FALEOMAVAEGA) each will control 20 park but does not include the city of books. We need places where Americans can minutes. Corinth. However, in 1996, Congress au- come and see history right before their eyes. The Chair recognizes the gentleman thorized the establishment of an inter- Although the Corinth Battlefield has been des- from Utah (Mr. HANSEN). pretive center for the Corinth cam- ignated as a National Historic Landmark, it is Mr. HANSEN. Mr. Speaker, I yield paign. still considered a ``Civil War Landmark At myself such time as I may consume.

VerDate 12-SEP-2000 06:17 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.038 pfrm02 PsN: H12PT1 H7392 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Mr. Speaker, H.R. 4957 extends the million needed for the construction of fore, it is important that H.R. 4957 be passed legislative authority for the Black Pa- the memorial have yet to reach their by the 106th Congress and signed into law by triots Foundation for another 5 years, goal, and without congressional action, the president because the original 1986 legis- to 2005, in order to establish a com- authorization for the project will ex- lation will expire in October 2000. memorative work on the Washington, pire this month. Most American school children learn of the D.C. mall. This commemorative work Mr. Speaker, H.R. 4957, as I said ear- bravery of, Crispus Attucks, the first African honors the black patriots who fought lier, which was sponsored by the gen- American man to die in the cause of this for American independence during the tleman from New York (Mr. RANGEL), country's independence. However, very few Revolutionary War. my good friend, will amend the exist- school age children or adults in this country In 1998, the Black Patriots Founda- ing law to extend an authorization for know any other names of stories of the thou- tion was granted an extension for the the foundation until the year 2005. sands of African Americans who fought for this authority to design and construct the While previous extensions have been nation's independence at a time when they memorial on the Washington D.C. Mall. for 2 years only, it is our hope that this themselves were slaves. It is reported that When granted, the Black Patriots 5-year extension will provide sufficient many African American soldiers in the Revolu- Foundation believed that the memorial time for this project to raise the funds tionary Army did not enlist, but were offered would be finalized in just 2 years. Un- necessary to move this project forward. for service by their masters so that they them- fortunately, the foundation has not Again, I urge my colleagues to ap- selves would not be required to serve in the been successful in raising enough funds prove this legislation; and I urge my cause for their nation's freedom. During the and has asked that it be granted an ex- friends to support this bill. War for Independence if a man was drafted, tension 5 more years until 2005. Mr. WATTS of Oklahoma. Mr. Speaker, I he was allowed to buy his way out of the army Mr. Speaker, the Black Patriots rise in support of H.R. 4957, legislation to ex- or to send someone in his place, a mercenary. Foundation has recently hired an ex- tend the authority of the Black Patriots Foun- For the wealthy property owner, the cheapest clusive director with extensive fund- dation to establish a commemorative work on mercenary available to them was a slave. raising experience and has recommit- the national Mall. By the time the first battles of the war oc- ted themselves to seeing this memorial I am delighted to be an original cosponsor curred at Lexington and Concord, there were to completion. Therefore, I believe it is of this legislation along with Mr. RANGEL, Mrs. ten African American soldiers. One of these the best course of action to reauthorize JOHNSON and Mr. PAYNE, all of whom have brave Americans was named Prince this foundation so that this very im- worked so long and hardÐand continue to do Easterbrooks, who was said to be ``the first to portant part of our history can be expe- soÐto make this memorial to the Black patri- get into the fight.'' Later at the battle of Bunker rienced by all of those who will visit ots of the Revolutionary War a reality. Hill, Salem Poor, another African American this deserving memorial. My colleagues, this House has noticed an soldier acted with such valor, fourteen officers Mr. Speaker, I urge my colleagues to absence and therefore a very real need for who observed his actions in battle wrote to the support this. commemoration in honor of people who legislature requesting special recognition of Mr. Speaker, I reserve the balance of helped to birth this Nation, people who actu- Poor for his heroism. my time. ally gave the supreme sacrifice during this Na- At first Washington was hesitant about en- Mr. FALEOMAVAEGA. Mr. Speaker, tion's defining moment. listing blacks. But when he heard they had I yield myself such time as I may con- As Harriett Beecher Stowe wrote about the fought well at Bunker Hill, he changed his sume. black men and women who served in the mind. This allowed the creation of the first all- (Mr. FALEOMAVAEGA asked and Revoluntioinary War, It was not for their own black First Rhode Island Regiment composed was given permission to revise and ex- land they fought, nor even for the land which of 33 freedmen and 92 slaves who were tend his remarks.) had adopted them, but for a land that had promised freedom if they served until the end Mr. FALEOMAVAEGA. Mr. Speaker, enslaved them and whose laws, even in free- of the warÐdistinguished itself in the Battle of I thank the gentleman from Utah (Mr. dom, more often oppressed than protected. Newport. Later, most were killed during a Brit- HANSEN), my good friend, the chairman Bravery under such circumstances has a pe- ish attack. of the Subcommittee on National culiar beauty and merit. The heroic actions of African American free Parks and Public Lands for his man- The fact is, Mr. Speaker, men and women citizens and slaves during the American Revo- agement of this legislation. I want to of all colors have been involved in every as- lutionary War extend beyond the battlefield. personally commend the chief author pect of this country from its founding days. We Such is the case of an unnamed African of the sponsor of this legislation, the are full partners in the history, bloodshed and American spy who was a servant to the leader gentleman from New York, (Mr. RAN- tears that have made this Nation great. of the British Army, General Cornwallis. This GEL), my good friend. Unfortunately, not all of us know our Na- patriot spy provided valuable information to Mr. Speaker, the 99th Congress ap- tion's history, where we came from and what General Marquis de Lafayette, who offered his proved legislation reauthorizing the makes us who we are today. H.R. 4957 and services to the American Revolutionary Con- Black Revolutionary War Patriots the work of the Black Revoluntionary War Pa- gress and fought with General George Wash- Foundation to establish a memorial on triots Foundation will move us closer to that ington at the Battle of Brandywine and at Val- Federal land in Washington, D.C. The goal and to a lasting historical recognition on ley Forge. specific purpose of the proposed memo- our national Mall of these brave men and In the name of this American Revolutionary rial is to honor the roughly 5,000 slaves women who fought for our freedoms. I am spy and the thousands of other unknown Afri- and free men who fought against Brit- pleased to support this effort and encourage can American free persons and slaves who ain during the American Revolution, my colleagues to give this bill their strong sup- fought during our nation's war for freedom I although its broader theme is to honor port. urge my colleagues to support the passage of all African Americans who have fought Ms. JACKSON-LEE of Texas. Mr. Speaker, this legislation. and died while serving in the U.S. mili- I rise in strong support of H.R. 4957, the Black Mr. HANSEN. Mr. Speaker, I yield tary. Patriots Foundation Extension, which would back the balance of my time. Mr. Speaker, the proposed site for extend by five years, until 2005, the authority Mr. FALEOMAVAEGA. Mr. Speaker, the memorial is north of the Reflecting of the Black Revolutionary War Patriots Foun- I yield back the balance of my time. Pool on the Mall, between the Wash- dation to complete a memorial to the black The SPEAKER pro tempore. The ington and Lincoln Memorials, an area men, women, and children who fought in the question is on the motion offered by where more than 100,000 people once Revolutionary War. the gentleman from Utah (Mr. HANSEN) gathered in that summer of 1963 to It is fitting that the Black Patriots Foundation that the House suspend the rules and hear Dr. Martin Luther King’s historic was created and charged with the responsi- pass the bill, H.R. 4957. speech, ‘‘I have a Dream.’’ bility of constructing a memorial on the Na- The question was taken. Mr. Speaker, from the outset, the tional Mall to honor the approximately 5,000 Mr. HANSEN. Mr. Speaker, on that I project has complied with all aspects of known African Americans who fought for demand the yeas and nays. Commemorative Works Act and has re- America's freedom during the Revolutionary The yeas and nays were ordered. ceived all the approvals necessary to War. Unfortunately, their important work will The SPEAKER pro tempore. Pursu- move forward. Unfortunately, the pri- not have been completed by the expiration of ant to clause 8 of rule XX and the vate efforts to raise an estimated $9 the authority of the initiating legislation. There- Chair’s prior announcement, further

VerDate 12-SEP-2000 05:43 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.041 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7393 ´ proceedings on this motion will be Mr. ROMERO-BARCELO. Mr. Speak- Park Service strongly support this leg- postponed. er, H.R. 3632 is a bill introduced by the islation. f gentleman from California (Mr. LAN- Mr. Speaker, I want to urge all of my TOS). As introduced, it would have ex- colleagues to vote for this and thank GOLDEN GATE NATIONAL RECRE- panded the boundaries of the Golden them for approving this legislation. ATION AREA BOUNDARY AD- Gate National Recreation Area in Cali- In the interest of time, I ask that the full text JUSTMENT ACT OF 2000 fornia by adding 20 parcels of land to- of my statement be included in the RECORD at Mr. HANSEN. Mr. Speaker, I move to talling approximately 1,216 acres. this point. suspend the rules and pass the bill The Golden Gate National Recreation Mr. Speaker, I want to thank my colleagues (H.R. 3632) to revise the boundaries of Area is one of the largest urban parks on the Resources Committee who have been the Golden Gate National Recreation in the world. The lands proposed for ad- supportive of my legislation, H.R. 3632 the Area, and for other purposes, as amend- dition to the park have been reviewed Golden Gate National Recreation Boundary ed. through various National Park Service Adjustment ActÐResources Committee Chair- The Clerk read as follows: planning processes and have been found man Mr. YOUNG of Alaska and the Ranking H.R. 3632 to be suitable and desirable additions Member of the Resources Committee, my fel- to the park. Be it enacted by the Senate and House of Rep- low Californian, Mr. MILLER. I also want to thank the Chairman of the National Parks resentatives of the United States of America in b 1530 Congress assembled, Subcommittee Mr. HANSEN of Utah who has SECTION 1. SHORT TITLE. We, along with the administration been particularly cooperative in working with This Act may be cited as the ‘‘Golden Gate and the gentleman from California (Mr. me on this legislation. The Ranking Member of LANTOS) have supported H.R. 3632 as in- National Recreation Area Boundary Adjustment the National ÂParks Subcommittee, Mr. RO- Act of 2000’’. troduced. MERO-BARCELO of Puerto Rico, has also been SEC. 2. ADDITIONS TO THE GOLDEN GATE NA- However, the Committee on Re- most supportive. TIONAL RECREATION AREA. sources adopted an amendment to in- I also want to express my thanks to my Section 2(a) of the Act entitled ‘‘An Act to es- sert a new boundary map that deletes neighbors and colleagues from California who tablish the Golden Gate National Recreation from the original proposal any parcel have a particular interest in this legislation and Area in the State of California, and for other where the landowner has not affirma- purposes’’ (16 U.S.C. 460bb–1(a)) is amended by who have worked closely with me for the pas- adding at the end the following: ‘‘The recre- tively agreed to be in the park bound- sage of this legislationÐCongresswoman ation area shall also include the lands generally ary. We believe this change weakens NANCY PELOSI of San Francisco and Con- depicted on the map entitled ‘Additions to Gold- the legislation. The change made by gresswoman LYNN WOOLSEY of Marin County. en Gate National Recreation Area’, numbered the committee will preclude the Na- H.R. 3632 includes areas that are in their NPS–80,076, and dated July 2000/PWR– tional Park Service from acquiring the Congressional Districts, and I appreciate work- PLRPC.’’. deleted parcels, all of which have been ing together with them on this bill. The SPEAKER pro tempore. Pursu- found suitable and desirable additions The entire bipartisan Bay Area congres- ant to the rule, the gentleman from to the park, from their owners if they sional delegation are cosponsors of this legis- Utah (Mr. HANSEN) and the gentleman wish to sell in future. Such a change lation, and I thank them all for their support. from Puerto´ Rico (Mr. ROMERO- will necessitate coming back and get- I also want to thank Chris Walker of my staff BARCELO) each will control 20 minutes. ting legislative authority in each in- for his excellent efforts on this legislation. The Chair recognizes the gentleman stance where an affected landowner Mr. Speaker, the Golden Gate National from Utah (Mr. HANSEN). wishes to sell to the National Park Recreation Area (GGNRA) was established in Mr. HANSEN. Mr. Speaker, I yield Service. However, we also recognize the 1972 to protect important natural and cultural myself such time as I may consume. lands that would still be added to the resources in the San Francisco Bay area. The Mr. Speaker, H.R. 3632 expands the park by the amended bill are extremely park is located in the city of San Francisco boundaries of the Golden Gate National important addition, and, thus, while we and in Marin and San Mateo Counties, and it Recreation Area to include 12 parcels would prefer passage of the bill as in- presently encompasses 76,000 acres of land of additional land. Most of the parcels troduced, we support H.R. 3632, as and water. are south of San Francisco near the amended. The legislation we are considering todayÐ City of Pacifica, California, and total Mr. Speaker, I yield such time as he H.R. 3632, the Golden Gate National Recre- approximately 1,200 acres. may consume to the gentleman from ation Area Boundary Adjustment ActÐrevises Mr. Speaker, although the introduced California (Mr. LANTOS). the authorized boundaries of the GGNRA to legislation included numerous other Mr. LANTOS. Mr. Speaker, I am here include approximately 1,000 acres of land in parcels of land to be included within briefly to rise and to thank my friend, San Mateo and Marin Counties and the City of the boundary expansion, I have worked the chairman of the Committee on Re- San Francisco. The approximately 900 acres with my friend, the gentleman from sources, the gentleman from Alaska of lands in San Mateo County which will be California (Mr. LANTOS) who intro- (Mr. YOUNG); the ranking member, the added to the park are adjacent to existing duced this measure and agreed that gentleman from California (Mr. MIL- GGNRA lands and will connect existing park those private property owners who LER); the chairman of the Sub- lands to nearby headlands, beaches and trails have expressed desire not to be in this committee on National Parks and Pub- along the Pacific Ocean. legislation are now excluded. lic Lands subcommittee, the gen- Inclusion of these lands will improve public This amended bill reflects this agree- tleman from Utah (Mr. HANSEN), who access to existing park areas, trails and ment, and we have only included those have been so enormously helpful and beaches. It also will improve access to the his- parcels which wish to be included with- supportive of my legislation; and the toric Portola Expedition Discovery Site, the in the expanded recreation area of the ranking member, the gentleman ´ from ``Plymouth Rock of the West,'' which is the site boundaries. Puerto Rico (Mr. ROMERO-BARCELO). from which San Francisco Bay was first seen Mr. Speaker, I compliment the gen- The legislation I am here to say a few by European explorers in the 18th century. tleman from California (Mr. LANTOS) words about is H.R. 3632, which expands H.R. 3632 also authorizes the inclusion of ap- for the good work he has done on this, GGNRA in three counties. It will add proximately 100 acres of land in Marin County and I urge all of my colleagues to sup- immeasurably to the value of this most known as ``Marincrest,'' and approximately 2 port H.R. 3632, as amended. important area, adding approximately acres of land in the City of San Francisco. Mr. Speaker, I reserve the balance of 900 acres in San Mateo, San Francisco Mr. Speaker, this legislation has the strong my time. ´ and Marin Counties to the existing and enthusiastic support of local government Mr. ROMERO-BARCELO. Mr. Speak- GGNRA park land. leaders in the Bay Area. The Pacifica City er, I yield myself such time as I may It is supported powerfully by local Council and the San Mateo County Board of consume. ´ government. A significant portion of Supervisors have adopted resolutions sup- (Mr. ROMERO-BARCELO asked and the lands are donated without any cost porting inclusion of these lands to the was given permission to revise and ex- to the Federal Government. The De- GGNRA. The Main County Open Space Dis- tend his remarks.) partment of Interior and the National trict adopted a resolution supporting inclusion

VerDate 12-SEP-2000 06:17 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 9920 E:\CR\FM\K12SE7.043 pfrm02 PsN: H12PT1 H7394 CONGRESSIONAL RECORD — HOUSE September 12, 2000 of Marincrest into the GGNRA. The San Fran- ice and has the support of the entire Bay Area islative authority for the commemora- cisco Board of Supervisors has also adopted Congressional delegation. tive work will expire at the end of the a resolution supporting passage of the bill. I urge my colleagues to vote yes on H.R. 7-year period beginning on the date of The U.S. Department of the Interior and the 3632. ´ the enactment of such authority, un- National Park Service have also expressed Mr. ROMERO-BARCELO. Mr. Speak- less a construction permit has been their strong support of H.R. 3632. In 1988, a er, I have no further requests for time, issued. To date, no construction permit congressionally-authorized boundary study by and I yield back the balance of my has been issued. the National Park Service identified 15 tracts time. Furthermore, due to unforeseen and of land totaling 1,057 acres of lands in San Mr. HANSEN. Mr. Speaker, I yield lengthy lawsuits, all work, including Maeto County that would be logical additions back the balance of my time. the fund-raising for the memorial, was to the park. The Park Service study concluded The SPEAKER pro tempore (Mr. put on hold for approximately 3 years. that these additional lands would preserve sig- QUINN). The question is on the motion The lawsuits have been settled and nificant natural, scenic and recreational re- offered by the gentleman from Utah work is ready to recommence regarding sources and would establish a park boundary (Mr. HANSEN) that the House suspend the memorial. However, due to the that is more logical, recognizable and easier to the rules and pass the bill, H.R. 3632, as delay in the 7-year requirement of the manage. The Department of the Interior and amended. Commemorative Works Act, the au- the National Park Service officially expressed The question was taken. thorization for the foundation is about support for this legislation in a hearing before Mr. HANSEN. Mr. Speaker, on that I to expire. In fact, the authority will ex- the National Parks Subcommittee of the Re- demand the yeas and nays. pire on December 2 of this year unless sources Committee. The yeas and nays were ordered. Congress passes a time extension. Mr. Speaker, one element of this legislation The SPEAKER pro tempore. Pursu- With considerable work already ac- that is particularly important is that a substan- ant to clause 8 of rule XX and the complished and the lawsuit settled, the tial portion of the lands to be included in the Chair’s prior announcement, further memorial needs now to be completed. GGNRA will be donated without cost to the proceedings on this motion will be Thus, the bill would extend authority Federal Government by the local community postponed. to the Air Force Memorial Foundation and private land trusts and conservation f to complete the well-deserved memo- groups. Major donated parcels in San Mateo rial. The authority would extend until AIR FORCE MEMORIAL County include Cattle Hill (261 acres), San 2005, giving the foundation the time to FOUNDATION AUTHORIZATION Pedro Point (246 acres) and Milagra Ridge fulfill the final construction and dedi- (30 acres). In Marin County, the Trust for Pub- Mr. HANSEN. Mr. Speaker, I move to cation of the Air Force memorial. lic Lands has agreed to donate half the value suspend the rules and pass the bill Mr. Speaker, I urge my colleagues to of the 96-acre Marincrest property. The two (H.R. 4583) to extend the authorization support this very worthy piece of legis- parcels in San Francisco will also be donated. for the Air Force Memorial Foundation lation. Mr. Speaker, this legislation will provide per- to establish a memorial in the District Mr. Speaker, I reserve the balance of manent protection for these stunning and crit- of Columbia or its environs. my time. ´ ical natural areas. Adding this land to the The Clerk read as follows: Mr. ROMERO-BARCELO. Mr. Speak- GGNRA will preserve it for future generations H.R. 4583 er, I yield myself such time as I may and make existing areas of the park more ac- Be it enacted by the Senate and House of Rep- consume. ´ cessible for all. I strongly urge my colleagues resentatives of the United States of America in (Mr. ROMERO-BARCELO asked and to join me in supporting the adoption of H.R. Congress assembled, was given permission to revise and ex- 3632. SECTION 1. AUTHORITY TO ESTABLISH MEMO- tend his remarks.) ´ Ms. PELOSI. Mr. Speaker, I rise in support RIAL EXTENDED. Mr. ROMERO-BARCELO. Mr. Speak- of H.R. 3632 to expand the boundaries of the The Act entitled ‘‘An Act to authorize the er, H.R. 4583 introduced by the gen- Air Force Memorial Foundation to establish Golden Gate National Recreation Area. I tleman from Utah (Mr. HANSEN) would a memorial in the District of Columbia or its would like to thank my colleagues, Chairman environs’’, approved December 2, 1993 (Public extend the authorization of the Air DON YOUNG, Subcommittee Chairman JIM Law 103–163), is amended by adding at the Force Memorial Foundation to estab- HANSEN, and Ranking Member GEORGE MIL- end the following new section: lish an Air Force memorial. LER, for their support of this bill and for ensur- ‘‘SEC. 4. LEGISLATIVE AUTHORITY. Public Law 103–163 authorized the Air ing its consideration on the floor today. ‘‘Notwithstanding section 10(b) of the Com- Force Memorial Foundation to estab- As a cosponsor with Representatives LAN- memorative Works Act (40 U.S.C. 1010(b)), lish the Air Force memorial in the Dis- TOS and WOOLSEY, I would like my colleagues the legislative authority for the Air Force trict of Columbia or its environs. The to know that the Golden Gate National Recre- Memorial Foundation to establish a memo- foundation has identified a site just ation Area is a vital part of the community and rial under this Act shall expire on December across the Potomac River in Arlington, culture in the Bay Area. Not only is it the 2, 2005.’’. Virginia. home of the Presidio, Muir Woods, the Marin The SPEAKER pro tempore. Pursu- We understand that the Air Force Headlands and Alcatraz Island, the GGNRA is ant to the rule, the gentleman from Memorial Foundation has made great the largest urban national park in the world Utah (Mr. HANSEN) and the gentleman strides toward construction of a memo- hosting over 19 million visitors a year, the from Puerto´ Rico (Mr. ROMERO- rial but has not proceeded to the point largest visitation of any national park. The BARCELO) each will control 20 minutes. of getting a construction permit. With- park offers visitors a variety of activities from The Chair recognizes the gentleman out such a permit, the authority to hiking, camping, biking to educational and cul- from Utah (Mr. HANSEN). construct a memorial will expire on tural programs. Mr. HANSEN. Mr. Speaker, I yield December 2, 2000. H.R. 3632 is modeled after recommenda- myself such time as I may consume. Except for its length of 5 years, the tions from a study by the National Park Serv- Mr. Speaker, H.R. 4583 extends the extension authorized by H.R. 4583 is ice to evaluate the desirability of adding lands authorization for the Air Force Memo- consistent with that authorized for in Pacifica to the GGNRA. In addition, H.R. rial Foundation to establish a memo- other memorials. We hope 5 years is 3632 would expand the Golden Gate National rial in the District of Columbia or its not necessary. Recreation Area to include 1,300 acres adja- environs. We support passage of H.R. 4583 and cent to the existing, including three areas in In December of 1993, authorization look forward to the completion of the Marin County, one area in San Mateo County, was given for the Air Force Memorial memorial. and a coastline area in San Francisco. The Foundation to establish an Air Force Mr. Speaker, I reserve the balance of boundary expansion will allow visitors better memorial to honor the men and women my time. access to the existing areas of the park and who have served in the United States Mr. HANSEN. Mr. Speaker, it is a will insure more efficient management of the Air Force. The memorial was to com- privilege for me to yield such time as natural resources in the park. ply with the provisions of the Com- he may consume to the gentleman This legislation has gained large support memorative Works Act. from Texas (Mr. SAM JOHNSON), a from the local communities in the Bay Area, Among other things, the Commemo- former Air Force officer and a distin- the State of California, the National Park Serv- rate Works Acts provides that the leg- guished man with a tremendous and

VerDate 12-SEP-2000 05:40 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.036 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7395 enviable record in the United States have been made by the Air Force, Like some of my colleagues, I have worked Air Force. which has made it the most formidable to ensure that our veterans are recognized (Mr. SAM JOHNSON of Texas asked air power in the world. This has had a and commended for their contributions. Our and was given permission to revise and profound impact on the transformation veterans deserve our strong support because extend his remarks.) of this entire world over the last cen- they have shown honor, humility, and human Mr. SAM JOHNSON of Texas. Mr. tury. decency that is unparalleled. That is why I Speaker, I appreciate the comments of From biplanes to the B–2 Stealth was so honored and excited to sponsor legis- the gentleman from Utah. Bomber, the Air Force has evolved lation recognizing the efforts and sacrifices of Mr. Speaker, this bill does extend the from a fledgling aeronautical division those veterans who either served or fought authorization for the establishment of of the United States Signal Corps to a during World War II. an Air Force memorial. It is the only powerful 21st century expeditionary The joint resolution (H.J. Resolution 98) service that does not have one, and I aerospace force. designates May 25, 2000, as a national Day of think it is long overdue. So we are beholden to honor the avia- Honor to honor minority veterans from World The Air Force Memorial Foundation tion pioneers of yesterday, the techno- War II. An identical resolutionÐS.J. Resolution has worked tirelessly for over 7 years logical achievements of today, and the 44Ðas introduced by my colleague U.S. Sen- toward that goal, and historically all distinguished service of those men and ator EDWARD KENNEDY. It was wonderful to memorials authorized by Congress have women in blue. see the excitement shared by veterans around required extensions to their legisla- Mr. Speaker, Americans deserve to the nation when President Clinton signed the tion. In fact, this only authorizes 5 ad- learn about Captain Eddie Ricken- legislation into law in the Oval Office in May. ditional years for the Air Force memo- backer. I do not know if a lot of people The resolution calls upon communities across rial, which is going to be built without know about him today, but he would be the nation to participate in celebrations to taxpayer dollars. recognized, the first U.S. trained ace honor minority veterans on May 25, 2000, and It does not reference a specific site, pilot; Colonel Billy Mitchell, who was throughout the year 2000. and construction is subject to final ap- posthumously awarded the Medal of I have learned that these celebrations have continued all over the country in several cities proval from the National Capital Plan- Honor for his foresight in aviation; since the legislation became law. Over one ning Commission and the Commission General Hap Arnold, the architect of hundred and twenty cities across America on Fine Arts. I think it is time to prop- U.S. air power; Captain Chuck Yeager, have held or are planning to hold a Day of erly honor our Air Force Members who the first man to break the sound bar- Honor observance. The number increases fought to keep America free. rier; the Tuskegee Airmen, African weekly. Do you remember World War II vet- American pilots and personnel of the Because this recognition is long overdue, it erans? I do. Those guys were called 332nd Fighter Group, which earned a is appropriate that we honor and celebrate the America’s greatest society, its greatest Distinguished Unit Citation for an es- memories of the veterans who served or generation. It is the guys who flew cort mission to Berlin in 1945; the fought throughout the year. The Day of Honor those early airplanes, those P–40s in Women’s Auxiliary Corps in World War celebrations are a part of a number of initia- China, the P–51s in Europe, the B–17s, II, which included women pilots; and tives to honor our veterans. Today, we have the B–24s, the B–25s, the B–26s, the Air the Air Force’s first graduated female an opportunity to extend our continued appre- Force that got us on track after World pilot class of 1977. These are the things ciation to a large segment of veterans from War II; and it is your Air Force today that Americans should know about and the Air Force that make us all so proud to be that did the things in the Middle East that this memorial would point out. Americans. and in Kosovo that made America As with other armed service memo- Establishing an Air Force Memorial in the great and has kept it there throughout rials, the Air Force Memorial would District of Columbia is entirely beneficial to the the years. not only honor those who have served entire nation and needs our strong continued Mr. Speaker, I think it is only proper and those who continue to serve, but I support to make sure that the job is well done. that we honor our Air Force members think in the end it would inspire future For these reasons, I urge my colleagues to who fought and have fought and will generations to serve this country with vote for HR 4583. This is the very least we continue to fight to keep America free. pride. must do for our veterans. ´ Please vote to give America’s pilots I urge the adoption of this legisla- Mr. ROMERO-BARCELO. Mr. Speak- the honor they so deserve. tion. er, I have no further requests for time, Mr. HANSEN. Mr. Speaker, I yield 4 Ms. JACKSON-LEE of Texas. Mr. Speaker, and I yield back the balance of my minutes to the gentleman from Florida I rise today to announce my enthusiastic sup- time. (Mr. STEARNS). port for HR 4583, a measure that should have Mr. HANSEN. Mr. Speaker, I yield Mr. STEARNS. Mr. Speaker, I rise in broad bipartisan support. This is one of many back the balance of my time. support of this legislation, and I com- legislative initiatives that should be supported The SPEAKER pro tempore. The mend the gentleman from Utah (Chair- by those who honor those who sacrificed so question is on the motion offered by man HANSEN) for his leadership on this much for their nation. the gentleman from Utah (Mr. HANSEN) issue. In December 1993, President Clinton signed that the House suspend the rules and The bill, of course, as mentioned ear- legislation (PL 103±165) authorizing the Air pass the bill, H.R. 4583. lier, authorizes the Air Force Memorial Force Memorial to establish an Air Force Me- The question was taken. Mr. HANSEN. Mr. Speaker, on that I Foundation for an additional 5 years to morial in the District of Columbia or its envi- demand the yeas and nays. accomplish its mission. Frankly, it is a rons. However, under the Commemorative The yeas and nays were ordered. mission that is long overdue. I think it Works Act, legislative authority for a com- The SPEAKER pro tempore. Pursu- has been pointed out, the Air Force is memorative work expires after seven years if ant to clause 8 of rule XX and the the only branch of America’s Armed no construction permits have been issued. Chair’s prior announcement, further Forces without a memorial in the Na- Due to legal delays, no such permits have proceedings on this motion will be tion’s Capital. Could this be? The time been issued, although all pending lawsuits postponed. has come for this city to dedicate a me- have been resolved and work is ready to com- f morial in honor of the commitment mence. We cannot allow this work to be left and sacrifice of the men and women of unfinished. GENERAL LEAVE the United States Air Force, and I Mr. Speaker, this bill has a simple purpose. Mr. HANSEN. Mr. Speaker, I ask think it is long overdue. It extends to December 2, 2005, the authoriza- unanimous consent that all Members It will not only honor the millions of tion for the Air Force Memorial Foundation to may have 5 legislative days within patriotic men and women who have dis- establish a memorial in the District of Colum- which to revise and extend their re- tinguished themselves in the United bia. It simply authorizes the necessary funds marks and include extraneous material States Air Force, but its predecessors, to make the memorial a realityÐa goal we all on S. 1117, H.R. 4957, H.R. 3632, as such as the Army Air Corps, which we share. This is something that all Americans amended, and H.R. 4583. should also remember. would benefit from as tourists or residents of The SPEAKER pro tempore. Is there The memorial will also salute the the remarkable location known as the District objection to the request of the gen- vast technological achievements that of Columbia. tleman from Utah?

VerDate 12-SEP-2000 04:56 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.049 pfrm02 PsN: H12PT1 H7396 CONGRESSIONAL RECORD — HOUSE September 12, 2000 There was no objection. (A) associated with building improvements tion in exchange for the land described in f to Federal standards and guidelines; and 5(a)(1). (B) open to a competitive bidding process (b) OFFER TO CONVEY STATE PARCEL.— JACKSON MULTI-AGENCY CAMPUS approved by the Secretary. (1) IN GENERAL.—The Commission may ACT OF 1999 (3) FEDERAL PARCEL.—The term ‘‘Federal offer to convey a portion of the State parcel, parcel’’ means— depicted on the Map as ‘‘Parcel Three’’, to Mr. WALDEN of Oregon. Mr. Speak- (A) the parcel of land, and all appur- the United States to be used for construction er, I move to suspend the rules and tenances to the land, comprising approxi- of an administrative facility for the Bridger- pass the Senate bill (S. 1374) to author- mately 15.3 acres, depicted as ‘‘Bridger-Teton Teton National Forest. ize the development and maintenance National Forest’’ on the Map; and (2) CONVEYANCE.—If the offer described in of a multi-agency campus project in (B) the parcel comprising approximately 80 paragraph (1) is made not later than 5 years the town of Jackson, Wyoming. acres, known as the ‘‘Cache Creek Adminis- after the date of enactment of this Act, the The Clerk read as follows: trative Site’’, located adjacent to the town. Secretary shall convey the Federal land de- (4) MAP.—The term ‘‘Map’’ means the map scribed in section 5(a)(2) to the Commission, S. 1374 entitled ‘‘Multi-Agency Campus Project in exchange for the portion of the State par- Be it enacted by the Senate and House of Rep- Site’’, dated March 31, 1999, and on file in the cel described in paragraph (1), in accordance resentatives of the United States of America in offices of— with this Act. Congress assembled, (A) the Bridger-Teton National Forest, in SEC. 5. CONVEYANCE OF FEDERAL LAND. SECTION 1. SHORT TITLE. the State of Wyoming; and (a) IN GENERAL.—In exchange for the con- This Act may be cited as the ‘‘Jackson (B) the Chief of the Forest Service. sideration described in section 3, the Sec- Multi-Agency Campus Act of 1999’’. (5) MASTER PLAN.—The term ‘‘master plan’’ retary shall convey— means the document entitled ‘‘Conceptual SEC. 2. FINDINGS AND PURPOSES. (1) to the town, in a manner that equalizes Master Plan’’, dated July 14, 1998, and on file (a) FINDINGS.—Congress finds that— values— at the offices of— (1) the management of public land and nat- (A) the portion of the Federal parcel, com- (A) the Bridger-Teton National Forest, in ural resources and the service of the public prising approximately 9.3 acres, depicted on the State of Wyoming; and in the area of Jackson, Wyoming, are respon- the Map as ‘‘Parcel Two’’; and (B) the Chief of the Forest Service. sibilities shared by— (B) if an additional conveyance of land is (6) PROJECT.—The term ‘‘Project’’ means (A) the Department of Agriculture; necessary to equalize the values of land ex- the proposed project for construction of a (B) the Forest Service; changed after the conveyance of Parcel Two, multi-agency campus, to be carried out by (C) the Department of the Interior, the town of Jackson in cooperation with the an appropriate portion of the portion of the including— other agencies and entities described in sec- Federal parcel comprising approximately 80 (i) the National Park Service; and tion 2(a)(1), to provide, in accordance with acres, known as the ‘‘Cache Creek Adminis- (ii) the United States Fish and Wildlife the master plan— trative Site’’ and located adjacent to the Service; (A) administrative facilities for various town; and (D) the Game and Fish Commission of the agencies and entities; and (2) to the Commission, the portion of the State of Wyoming; (B) interpretive, educational, and other fa- Federal parcel, comprising approximately 3.2 (E) Teton County, Wyoming; cilities for visitors to the greater Yellow- acres, depicted on the Map as ‘‘Parcel One’’. (F) the town of Jackson, Wyoming; stone area. (b) REVERSIONARY INTERESTS.—As addi- (G) the Jackson Chamber of Commerce; (7) SECRETARY.—The term ‘‘Secretary’’ tional consideration for acceptance by the and means the Secretary of Agriculture (includ- United States of any offer described in sec- (H) the Jackson Hole Historical Society; ing a designee of the Secretary). tion 4, the United States shall relinquish all and (8) STATE PARCEL.—The term ‘‘State par- reversionary interests in the State parcel, as (2) it is desirable to locate the administra- cel’’ means the parcel of land comprising ap- set forth in the deed between the United tive offices of several of the agencies and en- proximately 3 acres, depicted as ‘‘Wyoming States and the State of Wyoming, dated Feb- tities specified in paragraph (1) on 1 site to— Game and Fish’’ on the Map. ruary 19, 1957, and recorded on October 2, (A) facilitate communication between the (9) TOWN.—The term ‘‘town’’ means the 1967, in Book 14 of Deeds, Page 382, in the agencies and entities; town of Jackson, Wyoming. records of Teton County, Wyoming. (B) reduce costs to the Federal, State, and SEC. 4. MULTI-AGENCY CAMPUS PROJECT, JACK- SEC. 6. EQUAL VALUE OF INTERESTS EX- local governments; and SON, WYOMING. CHANGED. (C) better serve the public. (a) CONSTRUCTION FOR EXCHANGE OF PROP- (a) VALUATION OF LAND TO BE CONVEYED.— (b) PURPOSES.—The purposes of this Act ERTY.— (1) IN GENERAL.—The fair market and im- are— (1) IN GENERAL.—Not later than 5 years provement values of the land to be ex- (1) to authorize the Federal agencies speci- after the date of enactment of this Act, the changed under this Act shall be determined— fied in subsection (a)— town may construct, as part of the Project, (A) by appraisals acceptable to the Sec- (A) to develop and maintain the Project in an administrative facility to be owned and retary, using nationally recognized appraisal Jackson, Wyoming, in cooperation with the operated by the Bridger-Teton National For- standards; and other agencies and entities specified in sub- est, if— (B) in accordance with section 206 of the section (a); and (A) an offer by the town to construct the Federal Land Policy and Management Act of (B) to provide resources and enter into administrative facility is accepted by the 1976 (43 U.S.C. 1716). such agreements as are necessary for the Secretary under paragraph (2); (2) APPRAISAL REPORT.—Each appraisal re- planning, design, construction, operation, (B) a memorandum of understanding be- port shall be written to Federal standards, as maintenance, and fixture modifications of tween the town and the Secretary outlining defined in the Uniform Appraisal Standards all elements of the Project; the roles and responsibilities of each party for Federal Land Acquisitions developed by (2) to direct the Secretary to convey to the involved in the land exchange and construc- the Interagency Land Acquisition Con- town of Jackson, Wyoming, certain parcels tion is executed; ference. of federally owned land located in Teton (C) a final building design and construction (3) NO EFFECT ON VALUE OF REVERSIONARY County, Wyoming, in exchange for construc- cost estimate is approved by the Secretary; INTERESTS.—An appraisal of the State parcel tion of facilities for the Bridger-Teton Na- and shall not take into consideration any rever- tional Forest by the town of Jackson; (D) the exchange described in subsection sionary interest held by the United States in (3) to direct the Secretary to convey to the (b)(2) is completed in accordance with that the State parcel as of the date on which the Game and Fish Commission of the State of subsection. appraisal is conducted. Wyoming certain parcels of federally owned (2) ACCEPTANCE AND AUTHORIZATION TO CON- (b) VALUE OF FEDERAL LAND GREATER THAN land in the town of Jackson, Wyoming, in ex- STRUCT.—The Secretary, on receipt of an ac- CONSTRUCTION COSTS.—If the value of the change for approximately 1.35 acres of land, ceptable offer from the town under para- Federal land to be conveyed to the town also located in the town of Jackson, to be graph (1), shall authorize the town to con- under section 5(a)(1) is greater than the con- used in the construction of the Project; and struct the administrative facility described struction costs to be paid by the town for the (4) to relinquish certain reversionary inter- in paragraph (1) in accordance with this Act. administrative facility described in section ests of the United States in order to facili- (3) CONVEYANCE.— 4(a), the Secretary shall reduce the acreage tate the transactions described in para- (A) SECRETARY.—The Secretary shall con- of the Federal land conveyed so that the graphs (1) through (3). vey all right, title, and interest in and to the value of the Federal land conveyed to the SEC. 3. DEFINITIONS. Federal land described in section 5(a)(1) to town closely approximates the construction In this Act: the town in simultaneous exchange for, and costs. (1) COMMISSION.—The term ‘‘Commission’’ on satisfactory completion of, the adminis- (c) VALUE OF FEDERAL LAND EQUAL TO means the Game and Fish Commission of the trative facility. VALUE OF STATE PARCEL.— State of Wyoming. (B) TOWN.—The town shall convey all (1) IN GENERAL.—The value of any Federal (2) CONSTRUCTION COST.—The term ‘‘con- right, title, and interest in and to the admin- land conveyed to the Commission under sec- struction cost’’ means any cost that is— istrative facility constructed under this sec- tion 5(a)(2) shall be equal to the value of the

VerDate 12-SEP-2000 05:40 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.051 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7397 State parcel conveyed to the United States S. 1374 provides for a fair market ex- sume to the gentlewoman from Wyo- under section 4(b). change among willing sellers. The ming (Mrs. CUBIN). (2) BOUNDARIES.—The boundaries of the agencies gain a modern office location Mrs. CUBIN. Mr. Speaker, S. 1374, the Federal land and the State parcel may be ad- where employees from different organi- Senate companion bill to H.R. 2577 justed to equalize values. which I introduced to establish a (d) PAYMENT OF CASH EQUALIZATION.—Not- zations will be able to work closely to- withstanding subsections (b) and (c), the val- gether in partnership, which should multiagency campus in Jackson, Wyo- ues of Federal land and the State parcel may lead to better decisions being made on ming, is widely supported by the Clin- be equalized by payment of cash to the Sec- the ground. The public gains a conven- ton administration and by the people retary, the Commission, or the town, as ap- ient facility for one-stop shopping of Jackson Hole, Wyoming. propriate, in accordance with section 206(b) when doing business with natural re- The bill provides for a newly estab- of the Federal Land Policy and Management source agencies. lished campus which will afford much- Act of 1976 (43 U.S.C. 1716(b)), if the values All parties to the agreement, Federal needed office space for the town of cannot be equalized by adjusting the size of Jackson, the Bridger-Teton National parcels to be conveyed or by conveying addi- and local officials, as well as the pub- tional land, without compromising the de- lic, are in favor of the bill, and I urge Forest employees, the National Elk sign of the Project. my colleagues to vote in favor of S. Refuge employees, the Wyoming Game SEC. 7. ADDITIONAL PROVISIONS. 1374. and Fish Commission, the Jackson (a) CONSTRUCTION OF FEDERAL FACILITIES.— Mr. Speaker, I reserve the balance of Chamber of Commerce, and other State The construction of facilities on Federal my time. and local entities. land within the boundaries of the Project Mr. FALEOMAVAEGA. Mr. Speaker, The multiagency campus will provide shall be— I yield myself such time as I may con- one-stop shopping, if you will, for those (1) supervised and managed by the town in sume. who want to visit Federal, State, and accordance with the memorandum of agree- (Mr. FALEOMAVAEGA asked and local land and wildlife management ment referred to in section 4(a)(1)(A); and was given permission to revise and ex- (2) carried out to standards and specifica- agencies, as well as to allow visitors to tions approved by the Secretary. tend his remarks.) utilize a number of resources in one (b) ACCESS.—The town (including contrac- Mr. FALEOMAVAEGA. Mr. Speaker, central location. tors and subcontractors of the town) shall I thank my good friend, the gentleman Specifically, the legislation before us have access to the Federal land until com- from Oregon (Mr. WALDEN), for man- today provides a land-for-land ex- pletion of construction for all purposes re- agement of this legislation, and cer- change between the Wyoming Game lated to construction of facilities under this tainly want to commend the gentle- and Fish Department and the U.S. For- Act. woman from Wyoming (Mrs. CUBIN), a (c) ADMINISTRATION OF LAND ACQUIRED BY est Service, a land-for-building ex- UNITED STATES.—Land acquired by the member of the Committee on Re- change between the United States For- United States under this Act shall be gov- sources, for her strong support of this est Service and the town of Jackson, erned by all laws applicable to the adminis- legislation as introduced by the other which will provide the land for the tration of national forest sites. body. Chamber of Commerce and historical (d) WETLAND.— Mr. Speaker, Senate bill 1374 author- society museum, as well as for addi- (1) IN GENERAL.—There shall be no con- izes the Secretary of Agriculture to tional parking spaces for the entire struction of any facility after the date of convey up to 90 acres of land in the conveyance of Federal land under this Act campus. within any portion of the Federal parcel de- Bridger-Teton National Forest in Due to the fact that there are a num- lineated on the map as ‘‘wetlands’’. Teton County, Wyoming, to the town ber of Federal, State, and local govern- (2) DEEDS AND CONVEYANCE DOCUMENTS.—A of Jackson. In exchange for the land, ment agencies involved, straight land deed or other conveyance document executed the town will construct an administra- exchanges cannot take place inter- by the Secretary in carrying out this Act tive facility for the Forest Service and agency. shall contain such reservations as are nec- other Federal, State and local agencies What that means is that Federal leg- essary to preclude development of wetland and organizations within 5 years of the islation must be introduced to make on any portion of the Federal parcel. exchange. The value of the facility is this project a reality. Additionally, in The SPEAKER pro tempore. Pursu- estimated to be around $7 million. the interest of time, I have agreed to ant to the rule, the gentleman from Or- The bill also provides for the Game move the Senate bill instead of the bill egon (Mr. WALDEN) and the gentleman and Fish Commission of Wyoming to which I introduced so that construc- from American Samoa (Mr. convey nearly 1.5 acres of land for the tion could take place sooner rather FALEOMAVAEGA) each will control 20 future site of the facility in exchange than later. minutes. for 3.2 acres of a parcel of Federal land. The hard work and the diligence of The Chair recognizes the gentleman The bill contains several other contin- the people in Jackson who have made from Oregon (Mr. WALDEN). gencies. this project possible should be com- GENERAL LEAVE b 1545 mended. A project like this is not easy. Mr. WALDEN of Oregon. Mr. Speak- It is a private-public partnership. But I er, I ask unanimous consent that all While this bill represents a creative am pleased that I have been able to Members may have 5 legislative days public-private partnership, I have some give some assistance in making it a re- within which to revise and extend their concerns about the precedential and ality. remarks and include extraneous mate- public interest value of relinquishing Again, Mr. Speaker, I thank my col- rial on S. 1374. Federal land in exchange for the con- leagues for the this opportunity. The SPEAKER pro tempore. Is there struction of an administrative facility. Mr. WALDEN of Oregon. Mr. Speak- objection to the request of the gen- The need for such a facility has not er, I have no other speakers on this tleman from Oregon? been thoroughly examined in the con- matter, and I yield back the balance of There was no objection. text of existing maintenance costs. my time. Mr. WALDEN of Oregon. Mr. Speak- Nevertheless, despite these concerns, The SPEAKER pro tempore (Mr. er, I yield myself such time as I may the administration does support this QUINN). The question is on the motion consume. legislation, it has bipartisan support, offered by the gentleman from Oregon Mr. Speaker, S. 1374, the Jackson and I thank the chairman of our com- (Mr. WALDEN) that the House suspend Multi-Agency Campus Act of 1999, pro- mittee, the gentleman from Alaska the rules and pass the Senate bill, S. vides for an exchange of land for a (Mr. YOUNG) and the gentleman from 1374. building. The Forest Service will trans- California (Mr. MILLER), the ranking The question was taken. fer approximately 12 acres of the member, for their support of this legis- Mr. WALDEN of Oregon. Mr. Speak- Bridger-Teton National Forest to the lation. er, on that I demand the yeas and nays. State of Wyoming and to the town of Mr. Speaker, I urge my colleagues to The yeas and nays were ordered. Jackson, Wyoming in exchange for a support the bill. The SPEAKER pro tempore. Pursu- building site and construction of a Mr. Speaker, I yield back the balance ant to clause 8 of rule XX and the multi-agency office to house Forest of my time. Chair’s prior announcement, further Service and other Federal, State and Mr. WALDEN of Oregon. Mr. Speak- proceedings on this motion will be local resource organizations. er, I yield such time as she may con- postponed.

VerDate 12-SEP-2000 06:17 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.037 pfrm02 PsN: H12PT1 H7398 CONGRESSIONAL RECORD — HOUSE September 12, 2000 DIRECTING SECRETARY OF SEN- ‘‘(C) NO RESALE.—A public body or coopera- jurisdiction over S. 1937 or any other similar ATE TO MAKE TECHNICAL COR- tive to which a joint operating entity sells matter. Although I have no reason to believe RECTIONS IN ENROLLMENT OF S. electric power under subparagraph (B) shall that the bill would not be passed without 1374, JACKSON MULTI-AGENCY not resell that power except to retail cus- amendment and signed into law by the Presi- tomers of the public body or cooperative or dent, if a conference on the bill became nec- CAMPUS ACT OF 1999 to another regional member or participant of essary, I would support the Committee on Mr. WALDEN of Oregon. Mr. Speak- the same joint operating entity, or except as Commerce’s request to be named to the con- er, I offer a concurrent resolution (H. otherwise permitted by law.’’. ference. Finally, this action should not be Con. Res. 394) directing the Secretary The SPEAKER pro tempore. Pursu- seen as precedent for any other Senate bill of the Senate to make technical cor- ant to the rule, the gentleman from Or- which affects the Committee on Commerce’s rections in the enrollment of the Sen- jurisdiction. I would be pleased to place this egon (Mr. WALDEN) and the gentleman letter and your response in the Committee ate bill (S. 1327), and I ask unanimous from American Samoa (Mr. on Resources’ report on the bill to document consent for its immediate consider- FALEOMAVAEGA) each will control 20 this agreement. ation. minutes. As always, I appreciate your cooperation The Clerk read the title of the con- The Chair recognizes the gentleman and that of your staff in moving this bill. current resolution. from Oregon (Mr. WALDEN). Sincerely, DON YOUNG, The SPEAKER pro tempore. Is there GENERAL LEAVE Chairman. any objection to the request of the gen- Mr. WALDEN of Oregon. Mr. Speak- tleman from Oregon? er, I ask unanimous consent that all HOUSE OF REPRESENTATIVES, There was no objection. Members may have 5 legislative days The Clerk read the concurrent reso- COMMITTEE ON COMMERCE, within which to revise and extend their Washington, DC, July 24, 2000. lution, as follows: remarks on S. 1937. Hon. DON YOUNG, H. CON. RES. 394 The SPEAKER pro tempore. Is there Chairman, Committee on Resources, Wash- Resolved by the House of Representatives (the objection to the request of the gen- ington, DC. Senate concurring), That in the enrollment of tleman from Oregon? DEAR DON: Thank you for your recent let- the bill (S. 1374) to authorize the develop- ter regarding your committee’s action on S. ment and maintenance of a multiagency There was no objection. 1937, a bill to amend the Pacific Northwest campus project in the town of Jackson, Wyo- Mr. WALDEN of Oregon. Mr. Speak- Electric Power Planning and Conservation ming, the Secretary of the Senate shall er, I yield myself such time as I may Act to provide for sales of electricity by the make the following corrections: consume. Bonneville Power Administration to joint (1) In section 1, strike ‘‘1999’’ and insert Mr. Speaker, S. 1937 was introduced operating entities. As you know, Rule X of ‘‘2000’’. by Senator CRAIG from Idaho. A com- the Rules of the House of Representatives (2) In section 5(a), strike ‘‘section 3’’ and panion bill, H.R. 4437, was introduced grants the Committee on Commerce jurisdic- insert ‘‘section 4’’. by the gentleman from Washington tion over the generation and marketing of (3) In section 7(a)(1), strike ‘‘memorandum power and the legislation was additionally of agreement referred to in section (Mr. HASTINGS). referred to the Committee on Commerce. As 4(a)(1)(A)’’ and insert ‘‘memorandum of un- This legislation allows consumer- you also noted, the Subcommittee on Energy derstanding referred to in section 4(a)(1)(B)’’. owned utility systems in the Pacific and Power approved the bill for consider- The concurrent resolution was agreed Northwest to aggregate their power ation by the Full Committee on May 16, 2000. to. contracts from the Bonneville Power Because of the importance of this legisla- A motion to reconsider was laid on Administration into a single contract. tion, I recognize your desire to bring it be- The purpose is to provide administra- fore the House in an expeditious manner, and the table. I will not exercise the Committee’s right to f tive and operational efficiencies for the power purchasers and for Bonneville. further consideration of this legislation. By agreeing to waive its consideration of the PROVIDING FOR SALES OF ELEC- The bill does not expand any such TRICITY BY THE BONNEVILLE bill, however, the Committee on Commerce customers’ rights to purchase require- does not waive its jurisdiction over S. 1937. POWER ADMINISTRATION ments for power from Bonneville and In addition, the Commerce Committee re- Mr. WALDEN of Oregon. Mr. Speak- does not allow resale by the joint oper- serves its authority to seek conferees on any er, I move to suspend the rules and ating entity of such power to cus- provisions of the bill that are within its ju- pass the Senate bill (S. 1937) to amend tomers that are not its members or risdiction during any House-Senate con- the Pacific Northwest Electric Power participants. ference that may be convened on this legisla- Mr. Speaker, I include the following tion. I appreciate your commitment to sup- Planning and Conservation Act to pro- port any request by the Commerce Com- vide for sales of electricity by the Bon- letters for the RECORD: mittee for conferees on S. 1937 or similar leg- neville Power Administration to joint HOUSE OF REPRESENTATIVES, islation. operating entities. I request that you include this letter and COMMITTEE ON RESOURCES, The Clerk read as follows: Washington, DC, 24 July 2000. your response in your committee report on the bill and as part of the Record during con- S. 1937 Hon. TOM BLILEY, Be it enacted by the Senate and House of Rep- Chairman, Committee on Commerce, Wash- sideration of the legislation on the House resentatives of the United States of America in ington, DC. floor. Thank you for your attention to these Congress assembled, DEAR MR. CHAIRMAN: On July 19, 2000, the SECTION 1. Section 5(b) of the Pacific Committee on Resources ordered favorably matters. Northwest Electric Power Planning and Con- reported without amendment S. 1937, to Sincerely, servation Act (16 U.S.C. 839c(b)) is amended amend the Pacific Northwest Electric Power TOM BLILEY, by adding at the end the following: Planning and Conservation Act to provide Chairman. ‘‘(7) REQUIRED SALE.— for sales of electricity by the Bonneville Mr. Speaker, I urge passage of the ‘‘(A) DEFINITION OF A JOINT OPERATING ENTI- Power Administration to joint operating en- bill, and I reserve the balance of my TY.—In this section, the term ‘joint oper- tities. This bill was referred to the Com- time. ating entity’ means an entity that is law- mittee on Resources and additionally to the Mr. FALEOMAVAEGA. Mr. Speaker, fully organized under State law as a public Committee on Commerce, where the Sub- I yield myself such time as I may con- body or cooperative prior to the date of en- committee on Energy and Power has marked actment of this paragraph, and is formed by up and forwarded the bill to the Full Com- sume. and whose members or participants are two merce Committee. (Mr. FALEOMAVAEGA asked and or more public bodies or cooperatives, each Given the rapidly approaching adjourn- was given permission to revise and ex- of which was a customer of the Bonneville ment date for the 106th Congress, and several tend his remarks.) Power Administration on or before January of our Pacific Northwest Congressional Mr. FALEOMAVAEGA. Mr. Speaker, 1, 1999. Members’ wish to move this bill as quickly I thank the gentleman from Oregon for ‘‘(B) SALE.—Pursuant to paragraph (1), the as possible, I ask that you allow the Com- his management of this legislation. Administrator shall sell, at wholesale to a mittee on Commerce to be discharged from Mr. Speaker, I wish that every bill joint operating entity, electric power solely further consideration of the bill. We can then for the purpose of meeting the regional firm schedule it for Floor consideration as soon as could be passed in such a fashion and power consumer loads of regional public bod- possible and send it onto the President. with such strong bipartisan support ies and cooperatives that are members of or Of course, by allowing this to occur, the and the spirit of cooperation on both participants in the joint operating entity. Committee on Commerce does not waive its sides of the aisle.

VerDate 12-SEP-2000 04:56 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.056 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7399 This bill amends the Pacific North- (2) in subsection (h), by inserting before year pilot project designed to achieve west Power Planning and Conservation the period at the end the following: ‘‘and local consensus for projects to improve Act to allow the administrator of Bon- $2,000,000 for each of fiscal years 2002 through ecosystem health in the Deschutes neville Power Administration to sell 2006’’. River Basin. Mr. Speaker, S. 1027 will electricity at wholesale to Joint Oper- The SPEAKER pro tempore. Pursu- reauthorize funding of these activities ating Entities, the acronym JOEs. ant to the rule, the gentleman from Or- for another 5 years and increase the au- JOEs are comprised of public power egon (Mr. WALDEN) and the gentleman thorization ceiling to $2 million annu- bodies or cooperatives that aggregate from American Samoa (Mr. ally. their power contracts into a single con- FALEOMAVAEGA) each will control 20 This is a highly successful, inexpen- tract for administrative and oper- minutes. sive, and popular program involving ational efficiencies. Under the bill, the The Chair recognizes the gentleman the cooperation of irrigators, ranchers, power is sold solely for the purpose of from Oregon (Mr. WALDEN). environmentalists and State, local and meeting regional firm power consumer GENERAL LEAVE Federal Government agencies. I urge loads of regional public bodies and co- Mr. WALDEN of Oregon. Mr. Speak- my colleagues to support the bill. operatives that are members of the er, I ask unanimous consent that all Mr. Speaker, I have no additional JOE. Other Federal power marketing Members may have 5 legislative days speakers, and I yield back the balance agencies currently make similar aggre- within which to revise and extend their of my time. gate sales. The Bonneville Power Ad- remarks on S. 1027. Mr. WALDEN of Oregon. Mr. Speak- The SPEAKER pro tempore. Is there ministration, for example, also makes er, I yield back the balance of my time. objection to the request of the gen- aggregated sales for transmission con- The SPEAKER pro tempore. The tleman from Oregon? tracts and nonfirm and surplus power question is on the motion offered by There was no objection. the gentleman from Oregon (Mr. WAL- sales. Mr. WALDEN of Oregon. Mr. Speak- DEN) that the House suspend the rules Mr. Speaker, the bill is narrowly er, I yield myself such time as I may and pass the Senate bill, S. 1027. drawn to allow only JOEs that were in consume. The question was taken; and (two- existence as of the date of enactment The Deschutes Resources Conser- thirds having voted in favor thereof) to participate. It does not expand pur- vancy was authorized in 1996 as a 5- the rules were suspended and the Sen- chasers’ rights or ability to resell year pilot project designed to achieve ate bill was passed. power other than to their own retail local consensus for projects to improve A motion to reconsider was laid on customers or other JOE members, or as the ecosystem health in the Deschutes the table. otherwise permitted by law. River Basin. Mr. Speaker, I urge my colleagues to The existing authorization provides f support this legislation. up to $1 million through the Bureau of SAN BERNARDINO NATIONAL Mr. Speaker, I yield back the balance Reclamation each year for projects. FOREST LAND CONVEYANCE of my time. Projects funded through the Conser- Mr. WALDEN of Oregon. Mr. Speak- Mr. WALDEN of Oregon. Mr. Speak- vancy demonstration include: piping er, I yield back the balance of my time. er, I move to suspend the rules and for irrigation district delivery systems pass the bill (H.R. 3657) to provide for The SPEAKER pro tempore. The to prevent water loss; securing water question is on the motion offered by the conveyance of a small parcel of rights for instream flows to secure public domain land in the San the gentleman from Oregon (Mr. WAL- Squaw Creek habitat; providing fencing DEN) that the House suspend the rules Bernardino National Forest in the of riparian areas to project riverbanks; State of California, and for other pur- and pass the Senate bill, S. 1937. working with private timberland own- The question was taken; and (two- poses, as amended. ers to restore riparian and wetland The Clerk read as follows: thirds having voted in favor thereof) areas; and seeking donated water H.R. 3657 the rules were suspended and the Sen- rights to enhance instream flows in the ate bill was passed. Deschutes River Basin. Be it enacted by the Senate and House of Rep- A motion to reconsider was laid on Mr. Speaker, the bill would reauthor- resentatives of the United States of America in Congress assembled, the table. ize the 5-year pilot project from 2002 to SECTION 1. LAND CONVEYANCE AND SETTLE- f 2006 and increase the authorization MENT, SAN BERNARDINO NATIONAL ceiling to $2 million annually. FOREST, CALIFORNIA. DESCHUTES RESOURCES CONSER- Mr. Speaker, this is an excellent (a) CONVEYANCE REQUIRED.—Subject to VANCY REAUTHORIZATION ACT piece of legislation. It is a great group valid existing rights and settlement of OF 1999 that puts a lot of hard work into these claims as provided in this section, the Sec- Mr. WALDEN of Oregon. Mr. Speak- projects, and I would encourage my retary of Agriculture shall convey to KATY colleagues to support its reauthoriza- 101.3 FM (in this section referred to as er, I move to suspend the rules and ‘‘KATY’’) all right, title and interest of the pass the Senate bill (S. 1027) to reau- tion. United States in and to a parcel of real prop- thorize the participation of the Bureau Mr. Speaker, I reserve the balance of erty consisting of approximately 1.06 acres of Reclamation in the Deschutes Re- my time. within the San Bernardino National Forest sources Conservancy, and for other Mr. FALEOMAVAEGA. Mr. Speaker, in Riverside County, California, generally lo- purposes. I yield myself such time as I may con- cated in the north 1⁄2 of section 23, township The Clerk read as follows: sume. 5 south, range 2 east, San Bernardino merid- (Mr. FALEOMAVAEGA asked and ian. S. 1027 was given permission to revise and ex- (b) LEGAL DESCRIPTION.—The Secretary Be it enacted by the Senate and House of Rep- tend his remarks.) and KATY shall, by mutual agreement, pre- resentatives of the United States of America in pare the legal description of the parcel of Congress assembled, Mr. FALEOMAVAEGA. Mr. Speaker, I thank my good friend, the gentleman real property to be conveyed under sub- SECTION 1. SHORT TITLE. section (a), which is generally depicted as This Act may be cited as the ‘‘Deschutes from Oregon, for the management of Exhibit A–2 in an appraisal report of the sub- Resources Conservancy Reauthorization Act this legislation. I thank the good Sen- ject property dated August 26, 1999, by Paul of 1999’’. ator from Oregon, Senator GORDON H. Meiling. SEC. 2. EXTENSION OF PARTICIPATION OF BU- SMITH, for his chief sponsorship of this (c) CONSIDERATION.—Consideration for the REAU OF RECLAMATION IN bill. I thank also my good friend, the conveyance under subsection (a) shall be DESCHUTES RESOURCES CONSER- gentleman from Oregon, for his passage equal to the appraised fair market value of VANCY. previously of similar legislation. the parcel to be conveyed. Any appraisal to Section 301 of the Oregon Resource Con- Mr. Speaker, Senate bill 1027 is to ex- determine the fair market value of the par- servation Act of 1996 (division B of Public cel shall be prepared in conformity with the Law 104–208; 110 Stat. 3009–534) is amended— tend participation of the Bureau of Uniform Appraisal Standards for Federal (1) in subsection (b)(3), by inserting before Reclamation in the Deschutes Re- Land Acquisitions and approved by the Sec- the period at the end the following: ‘‘, and up sources Conservancy. retary. to a total amount of $2,000,000 during each of The Deschutes Resources Conser- (d) SETTLEMENT.—In addition to the con- fiscal years 2002 through 2006’’; and vancy was authorized in 1996 as a 5- sideration referred to in subsection (c), upon

VerDate 12-SEP-2000 04:56 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.060 pfrm02 PsN: H12PT1 H7400 CONGRESSIONAL RECORD — HOUSE September 12, 2000 the receipt of $16,600 paid by KATY to the Mr. FALEOMAVAEGA. Mr. Speaker, Unfortunately, they were soon informed by Secretary, the Secretary shall release KATY I yield myself such time as I may con- the District Ranger that they must strip their from any and all claims of the United States sume. antenna from the GTE tower and vacate the arising from the occupancy and use of the (Mr. FALEOMAVAEGA asked and site. Petitions signed by almost half the resi- San Bernardino National Forest by KATY was given permission to revise and ex- for communication site purposes. dents of Idyllwild, its Chamber of Commerce, (e) ACCESS REQUIREMENTS.—Notwith- tend his remarks.) and others did not budge the agency. The standing section 1323(a) of the Alaska Na- Mr. FALEOMAVAEGA. Mr. Speaker, Forest Service maintained that subleasing of tional Interest Lands Conservation Act (16 I thank my good friend, the gentleman tower space could only occur on sites that had U.S.C. 3210(a)) or any other law, the Sec- from Oregon, for management of this been formally designated as communications retary is not required to provide access over legislation. I thank our Chairman of sites in the forest plans and that this site had National Forest System lands to the parcel the Committee on Resources, the gen- not received such a designation in the San of real property conveyed under subsection tleman from Alaska (Mr. YOUNG), and (a). Bernardino plan. The agency argued that, (f) ADMINISTRATIVE COSTS.—Any costs asso- our ranking member, the gentleman even though it had allowed this site to be used ciated with the creation of a subdivided par- from California (Mr. MILLER), for their as a communications site for three decades cel, recordation of a survey, zoning, and sponsorship and support of this bill as and was continuing to permit such use by planning approval, and similar expenses with well. GTE, KATY was in trespass and GTE had vio- respect to the conveyance under this section, Mr. Speaker, this bill resolves an ongoing lated its special use authorization. The Forest shall be borne by KATY. dispute between the Forest Service and a Service continued to insist that KATY leave (g) ASSUMPTION OF LIABILITY.—By accept- radio station, KATY, regarding the station's ance of the conveyance of the parcel referred even as the station was proving how critically to in subsection (a), KATY, and its succes- unauthorized use of a Forest Service site. important it is to the communities it serves. sors and assigns, will indemnify and hold H.R. 3657 would require the Secretary of Agri- Because of their location in rugged country, harmless the United States for any and all culture to convey for fair market value 1.06 Idyllwild and neighboring mountain commu- liability to General Telephone and Elec- acres within the San Bernardino National For- nities are vulnerable to extreme weather and tronics Corporation (also known as ‘‘GTE’’), est in Riverside County, California to KATY. other adverse natural events. In recognition of KATY, and any third party that is associated The bill requires KATY to pay $16,600 (rep- this and in its effort to provide the best pos- with the parcel, including liability for any resenting rent for 1996±99 without interest) to sible public service, KATY signed an agree- buildings or personal property on the parcel the Secretary. It also provides that the Forest ment with the local 10-watt emergency broad- belonging to GTE and any other third par- ties. Service is not required to provide access to cast station, WNKI, which has very limited (h) TREATMENT OF RECEIPTS.—All funds re- the site as it would for an official communica- coverage, to broadcast WNKI's emergency ceived pursuant to this section shall be de- tions site. I urge my colleagues to support it. bulletins. Shortly thereafter, the Federal Com- posited in the fund established under Public Mrs. BONO. Mr. Speaker, H.R. 3657 would munications Commission and the California Law 90–171 (16 U.S.C. 484a; commonly known provide for the conveyance at fair market State Office of Emergency Services selected as the Sisk Act), and the funds shall remain value of a small tract of Forest Service land in KATY as the Local Primary Station to broad- available to the Secretary, until expended, the San Bernardino National Forest to a lo- cast information in the event of disaster. for the acquisition of lands, waters, and in- cally-owned radio station that serves mountain KATY's dedication to providing emergency terests in land for the inclusion in the San Bernardino National Forest. communities in my district. I would like to service paid off for the mountain communities thank Chairman YOUNG and Chairman The SPEAKER pro tempore. Pursu- in 1996 when the Bee Canyon fire raged CHENOWETH-HAGE for their assistance in bring- ant to the rule, the gentleman from Or- through 9000 acres in their vicinity. KATY ing this bill to the floor. broadcast the mandatory evacuation orders egon (Mr. WALDEN and the gentleman In 1988, Cliff and Katy Gill began a search from American Samoa (Mr. and the announcement that it was safe to re- for an antenna site that would allow them to turn home. In all, KATY aired nearly 200 an- FALEOMAVAEGA) each will control 20 obtain an FCC construction permit for a radio minutes. nouncements that were closely monitored not station to serve Idyllwild, California, a commu- The Chair recognizes the gentleman only by the residents but also by the fire- nity of about 3000 residents located at 5200 from Oregon (Mr. WALDEN). fighters and other emergency service per- feet elevation in the San Jacinto Mountains. sonnel. Again, in 1998 KATY broadcast the GENERAL LEAVE The community is nestled in mountainous ter- Mr. WALDEN of Oregon. Mr. Speak- mandatory order to evacuate the community of rain and surrounded by the San Bernardino er, I ask unanimous consent that all Juniper Flats also threatened by fire during se- National Forest and other State and local park Members may have 5 legislative days vere thunderstorms. land. The Gills discovered that the rugged ter- My late husband took up the cause of within which to revise and extend their rain sharply limited the sites that could host an KATY. In August 1996, he and Chairman remarks on H.R. 3657. The SPEAKER pro tempore. Is there antenna capable of reaching the residents of YOUNG wrote a letter to the Secretary of Agri- objection to the request of the gen- Idyllwild, the neighboring mountain commu- culture requesting his assistance in permitting tleman from Oregon? nities, and the highway that connects them to KATY to retain its antenna site. This was fol- There was no objection. the valley below. Wanting to start up their sta- lowed by letters from the chairman and rank- Mr. WALDEN of Oregon. Mr. Speak- tion, the Gills ultimately went on the air in De- ing minority member of the Senate Energy er, I yield myself such time as I may cember 1989 from a temporary antenna on a and Natural Resources Committee and the consume. time-share private campground. Mr. Gill chairman of the Interior subcommittee of the Mr. Speaker, H.R. 3657 was intro- named this new radio station, KATY±FM, for Senate Appropriations Committee. Finally, a duced by the gentlewoman from Cali- his wife Katy. House-Senate conference committee added to fornia (Mrs. BONO). This legislation However, because the original site for the the Omnibus Parks and Public Lands Manage- would convey a little over an acre of antenna drastically limited KATY's coverage, ment Act of 1996 a provision requiring the Forest Service land to a radio station the Gills kept looking. The Gills first searched Secretary of Agriculture to consider whether located in the San Bernardino National for sites on private land. But with the private maintaining the KATY antenna site was in the Forest in California for fair market land constituting only a small islandÐonly a public interest and to report his conclusions to value. few hundred acresÐwithin the sea of public Congress. During the subcommittee hearing on land, it soon became apparent that the only That report was never delivered to Con- this bill, the administration requested workable sites would be found on public land. gress. A draft of the report would have offered that the bill be amended to include lan- Six years later, they thought they had found a new site for KATY's antenna on a neigh- guage that would require the radio sta- the perfect site. GTE had operated a small boring mountain in the San Bernardino Na- tion to prove that it had clear title to wooden communications tower in the San tional Forest. When the Forest Service learned all existing structures on the site. Dur- Bernardino National Forest for 30 years under from KATY that placing the antenna on that ing the markup, the legislation was a Forest Service special use permit. GTE of- site would be prohibited by three FCC regula- amended to include that language. The fered to sublease to KATY space on their tions, the agency approached Cliff and Katy bill is supported by the administration. tower and in their small equipment shed. In Gill and asked if they would entertain pur- I would urge Members to suspend the 1995, after seven years of searching for an chasing the antenna site. I am happy to say rules and pass H.R. 3657, as amended. antenna site, the Gills moved onto the GTE that H.R. 3657 is the product of subsequent Mr. Speaker, I reserve the balance of tower and gained the coverage they had long amicable negotiations between the Gills and my time. sought for their station. the agency.

VerDate 12-SEP-2000 04:56 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 9920 E:\CR\FM\A12SE7.043 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7401 I want to assure my colleagues that this pur- (1) ASSINIBOINE AND SIOUX RURAL WATER SYS- (ii) engineering and design; chase will have no discernible impact on the TEM.—The term ‘‘Assiniboine and Sioux Rural (iii) construction; National Forest or the environment. The tract Water System’’ means the rural water system (iv) water conservation measures; and within the Fort Peck Indian Reservation au- (v) administration of contracts relating to per- to be purchased is only approximately 1.06 thorized by section 4. formance of the activities described in clauses (i) acres in size. It is on the very edge of the Na- (2) DRY PRAIRIE RURAL WATER SYSTEM.—The through (iv); tional Forest, directly adjacent to a residential term ‘‘Dry Prairie Rural Water System’’ means (B) the procedures and requirements for ap- development. The station has purchased the the rural water system authorized by section 5 proval and acceptance of the design and con- neighboring residential lot to assure access to in the Roosevelt, Sheridan, Daniels, and Valley struction and for carrying out other activities the antenna site. The tower and equipment Counties of the State. described in subparagraph (A); and shed are shielded by tall evergreen trees and (3) FORT PECK RESERVATION RURAL WATER (C) the rights, responsibilities, and liabilities of each party to the agreement. large rocks and are not visible above Inspira- SYSTEM.—The term ‘‘Fort Peck Reservation Rural Water System’’ means the Assiniboine (3) OPTIONAL PROVISIONS.—The cooperative tion Point where the site is located. and Sioux Rural Water System and the Dry agreement under paragraph (1) may include The bill would require that KATY pay fair Prairie Rural Water System. provisions relating to the purchase, improve- market value for the tract and an additional (4) FORT PECK TRIBES.—The term ‘‘Fort Peck ment, and repair of water systems in existence sum of $16,600 to settle any claims the gov- Tribes’’ means the Assiniboine and Sioux Indian on the date of enactment of this Act, including ernment might have for the unauthorized oc- Tribes within the Fort Peck Indian Reservation. systems owned by individual tribal members and cupation of national forest land. That sum rep- (5) PICK-SLOAN.—The term ‘‘Pick-Sloan’’ other residents of the Fort Peck Indian Reserva- resents the rent that the Gills should have means the Pick-Sloan Missouri River Basin Pro- tion. gram (authorized by section 9 of the Act entitled (4) TERMINATION.—The Secretary may termi- paid to the Forest Service for use of the site. ‘‘An Act authorizing the construction of certain nate a cooperative agreement under paragraph Although the Gills paid more than twice that public works on rivers and harbors for flood (1) if the Secretary determines that— amount in rent to GTE under the sublease, control, and for other purposes’’, approved De- (A) the quality of construction does not meet they believe this is a fair resolution. I appre- cember 22, 1944 (commonly known as the ‘‘Flood all standards established for similar facilities ciate the efforts of the Forest Service to de- Control Act of 1944’’) (58 Stat. 891)). constructed by the Secretary; or sign a good solution to a difficult problem. (6) SECRETARY.—The term ‘‘Secretary’’ means (B) the operation and maintenance of the As- Cliff Gill passed away last year before he the Secretary of the Interior. siniboine and Sioux Rural Water System does not meet conditions acceptable to the Secretary saw enactment of this bill and fulfillment of his (7) STATE.—The term ‘‘State’’ means the State of Montana. that are adequate to fulfill the obligations of the dream. We can ensure that his widow, Katy, SEC. 4. ASSINIBOINE AND SIOUX RURAL WATER United States to the Fort Peck Tribes. will be able to continue KATY's service to the SYSTEM. (5) TRANSFER.—On execution of a cooperative community by enacting H.R. 3657. I urge pas- (a) AUTHORIZATION.—The Secretary shall agreement under paragraph (1), in accordance sage of this bill. plan, design, construct, operate, maintain, and with the cooperative agreement, the Secretary Mr. FALEOMAVAEGA. Mr. Speaker, replace a municipal, rural, and industrial water may transfer to the Fort Peck Tribes, on a non- I yield back the balance of my time. system, to be known as the ‘‘Assiniboine and reimbursable basis, funds made available for the Mr. WALDEN of Oregon. Mr. Speak- Sioux Rural Water System’’, as generally de- Assiniboine and Sioux Rural Water System er, I yield back the balance of my time. scribed in the report required by subsection under section 9. (g)(2). (d) SERVICE AREA.—The service area of the The SPEAKER pro tempore. The Assiniboine and Sioux Rural Water System shall question is on the motion offered by (b) COMPONENTS.—The Assiniboine and Sioux Rural Water System shall consist of— be the area within the boundaries of the Fort the gentleman from Oregon (Mr. WAL- (1) pumping and treatment facilities located Peck Indian Reservation. DEN) that the House suspend the rules along the Missouri River within the boundaries (e) CONSTRUCTION REQUIREMENTS.—The com- and pass the bill, H.R. 3657, as amend- of the Fort Peck Indian Reservation; ponents of the Assiniboine and Sioux Rural ed. (2) pipelines extending from the water treat- Water System shall be planned and constructed The question was taken; and (two- ment plant throughout the Fort Peck Indian to a size that is sufficient to meet the municipal, thirds having voted in favor thereof) Reservation; rural, and industrial water supply requirements of the service area of the Fort Peck Reservation the rules were suspended and the bill, (3) distribution and treatment facilities to serve the needs of the Fort Peck Indian Reserva- Rural Water System. as amended, was passed. tion, including— (f) TITLE TO ASSINIBOINE AND SIOUX RURAL A motion to reconsider was laid on (A) public water systems in existence on the WATER SYSTEM.—Title to the Assiniboine and the table. date of enactment of this Act that may be pur- Sioux Rural Water System shall be held in trust f chased, improved, and repaired in accordance by the United States for the Fort Peck Tribes with the cooperative agreement entered into and shall not be transferred unless a transfer is b 1600 under subsection (c); and authorized by an Act of Congress enacted after FORT PECK RESERVATION RURAL (B) water systems owned by individual tribal the date of enactment of this Act. (g) LIMITATION ON AVAILABILITY OF CON- WATER SYSTEM ACT OF 2000 members and other residents of the Fort Peck Indian Reservation; STRUCTION FUNDS.—The Secretary shall not ob- Mr. WALDEN of Oregon. Mr. Speak- (4) appurtenant buildings and access roads; ligate funds for construction of the Assiniboine er, I move to suspend the rules and (5) all property and property rights necessary and Sioux Rural Water System until— pass the Senate bill (S. 624) to author- for the facilities described in this subsection; (1) the requirements of the National Environ- ize construction of the Fort Peck Res- (6) electrical power transmission and distribu- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the Assiniboine and ervation Rural Water System in the tion facilities necessary for services to Fort Peck Reservation Rural Water System facilities; and Sioux Rural Water System; State of Montana, and for other pur- (7) such other pipelines, pumping plants, and (2) on or after the date that is 90 days after poses, as amended. facilities as the Secretary determines to be ap- the date of submission to Congress of a final en- The Clerk read as follows: propriate to meet the water supply, economic, gineering report approved by the Secretary; and S. 624 public health, and environmental needs of the (3) the Secretary publishes a written finding Be it enacted by the Senate and House of Rep- Fort Peck Indian Reservation, including water that the water conservation plan developed resentatives of the United States of America in storage tanks, water lines, and other facilities under section 7 includes prudent and reasonable Congress assembled, for the Fort Peck Tribes and the villages, towns, water conservation measures for the operation and municipalities in the Fort Peck Indian Res- of the Assiniboine and Sioux Rural Water Sys- SECTION 1. SHORT TITLE. ervation. tem that have been shown to be economically This Act may be cited as the ‘‘Fort Peck Res- (c) COOPERATIVE AGREEMENT.— and financially feasible. ervation Rural Water System Act of 2000’’. (1) IN GENERAL.—The Secretary shall enter (h) TECHNICAL ASSISTANCE.—The Secretary SEC. 2. PURPOSES. into a cooperative agreement with the Fort Peck shall provide such technical assistance as is nec- The purposes of this Act are— Tribal Executive Board for planning, designing, essary to enable the Fort Peck Tribes to plan, (1) to ensure a safe and adequate municipal, constructing, operating, maintaining, and re- design, construct, operate, maintain, and re- rural, and industrial water supply for the resi- placing the Assiniboine and Sioux Rural Water place the Assiniboine and Sioux Rural Water dents of the Fort Peck Indian Reservation in the System. System, including operation and management State of Montana; and (2) MANDATORY PROVISIONS.—The cooperative training. (2) to assist the citizens of Roosevelt, Sheri- agreement under paragraph (1) shall specify, in (i) APPLICATION OF INDIAN SELF-DETERMINA- dan, Daniels, and Valley Counties in the State, a manner that is acceptable to the Secretary TION ACT.—Planning, design, construction, op- outside the Fort Peck Indian Reservation, in de- and the Fort Peck Tribal Executive Board— eration, maintenance, and replacement of the veloping safe and adequate municipal, rural, (A) the responsibilities of each party to the Assiniboine and Sioux Rural Water System and industrial water supplies. agreement for— within the Fort Peck Indian Reservation shall SEC. 3. DEFINITIONS. (i) needs assessment, feasibility, and environ- be subject to the Indian Self-Determination and In this Act: mental studies; Education Assistance Act (25 U.S.C. 450 et seq.).

VerDate 12-SEP-2000 04:56 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 6333 E:\CR\FM\A12SE7.072 pfrm02 PsN: H12PT1 H7402 CONGRESSIONAL RECORD — HOUSE September 12, 2000

(j) COST SHARING.— (A) north of the Missouri River; charge shall be paid fully by the Dry Prairie (1) CONSTRUCTION.—The Federal share of the (B) south of the border between the United Rural Water System. cost of construction of the Assiniboine and States and Canada; (d) ADDITIONAL POWER.—If power in addition Sioux Rural Water System shall be 100 percent, (C) west of the border between the States of to that made available under subsection (a) is and shall be funded through annual appropria- North Dakota and Montana; and required to meet the pumping requirements of tions to the Bureau of Reclamation. (D) east of the western line of range 39 east. the Fort Peck Reservation Rural Water System, (2) OPERATION AND MAINTENANCE.—The Fed- (2) FORT PECK INDIAN RESERVATION.—The the Administrator of the Western Area Power eral share of the cost of operation and mainte- service area shall not include the area inside the Administration may purchase the necessary ad- nance of the Assiniboine and Sioux Rural Water Fort Peck Indian Reservation. ditional power at the best available rate. The System shall be 100 percent, and shall be funded (e) LIMITATION ON AVAILABILITY OF CON- costs of such purchases shall be reimbursed to through annual appropriations to the Bureau of STRUCTION FUNDS.—The Secretary shall not ob- the Administrator according to the terms identi- Indian Affairs. ligate funds for construction of the Dry Prairie fied in subsection (c). SEC. 5. DRY PRAIRIE RURAL WATER SYSTEM. Rural Water System until— SEC. 7. WATER CONSERVATION PLAN. (a) IN GENERAL.—The Fort Peck Tribes and (a) PLANNING AND CONSTRUCTION.— (1) the requirements of the National Environ- Dry Prairie Rural Water Association Incor- (1) AUTHORIZATION.—The Secretary shall mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) porated shall develop a water conservation plan enter into a cooperative agreement with Dry are met with respect to the Dry Prairie Rural containing— Prairie Rural Water Association Incorporated Water System; (2) on or after the date that is 90 days after (1) a description of water conservation objec- (or any successor non-Federal entity) to provide tives; Federal funds for the planning, design, and the date of submission to Congress of a final en- gineering report approved by the Secretary; and (2) a description of appropriate water con- construction of the Dry Prairie Rural Water servation measures; and (3) the Secretary publishes a written finding System in Roosevelt, Sheridan, Daniels, and (3) a time schedule for implementing the meas- that the water conservation plan developed Valley Counties, Montana, outside the Fort ures and this Act to meet the water conservation Peck Indian Reservation. under section 7 includes prudent and reasonable objectives. (2) USE OF FEDERAL FUNDS.— water conservation measures for the operation (b) PURPOSE.—The water conservation plan (A) FEDERAL SHARE.—The Federal share of of the Dry Prairie Rural Water System that under subsection (a) shall be designed to ensure the cost of planning, design, and construction of have been shown to be economically and finan- that users of water from the Assiniboine and the Dry Prairie Rural Water System shall be not cially feasible. Sioux Rural Water System and the Dry Prairie more than 76 percent, and shall be funded with (f) INTERCONNECTION OF FACILITIES.—The Sec- Rural Water System will use the best practicable amounts appropriated from the reclamation retary shall— technology and management techniques to con- fund. Such amounts shall not be returnable or (1) interconnect the Dry Prairie Rural Water serve water. reimbursable under the Federal reclamation System with the Assiniboine and Sioux Rural (c) PUBLIC PARTICIPATION.—Section 210(c) of laws. Water System; and the Reclamation Reform Act of 1982 (43 U.S.C. (B) COOPERATIVE AGREEMENTS.—Federal (2) provide for the delivery of water to the Dry 390jj(c)) shall apply to an activity authorized funds made available to carry out this section Prairie Rural Water System from the Missouri under this Act. may be obligated and expended only through a River through the Assiniboine and Sioux Rural SEC. 8. WATER RIGHTS. cooperative agreement entered into under sub- Water System. (a) IN GENERAL.—This Act does not— section (c). (g) LIMITATION ON USE OF FEDERAL FUNDS.— (1) impair the validity of or preempt any pro- (b) COMPONENTS.—The components of the Dry (1) IN GENERAL.—The operation, maintenance, vision of State water law or any interstate com- Prairie Rural Water System facilities on which and replacement expenses associated with water pact governing water; Federal funds may be obligated and expended deliveries from the Assiniboine and Sioux Rural (2) alter the right of any State to any appro- under this section shall include— Water System to the Dry Prairie Rural Water priated share of the water of any body of sur- (1) storage, pumping, interconnection, and System shall not be a Federal responsibility and face or ground water, whether determined by pipeline facilities; shall be borne by the Dry Prairie Rural Water any past or future interstate compact or by any (2) appurtenant buildings and access roads; System. past or future legislative or final judicial alloca- (3) all property and property rights necessary (2) FEDERAL FUNDS.—The Secretary may not tion; (3) preempt or modify any Federal or State for the facilities described in this subsection; obligate or expend any Federal funds for the op- law or interstate compact concerning water (4) electrical power transmission and distribu- eration, maintenance, or replacement of the Dry quality or disposal; tion facilities necessary for service to Dry Prai- Prairie Rural Water System. (4) confer on any non-Federal entity the au- rie Rural Water System facilities; and (h) TITLE TO DRY PRAIRIE RURAL WATER SYS- thority to exercise any Federal right to the (5) other facilities customary to the develop- TEM.—Title to the Dry Prairie Rural Water Sys- water of any stream or to any ground water re- ment of rural water distribution systems in the tem shall be held by Dry Prairie Rural Water Association, Incorporated. source; State, including supplemental water intake, (5) affect any right of the Fort Peck Tribes to pumping, and treatment facilities. SEC. 6. USE OF PICK-SLOAN POWER. water, located within or outside the external (c) COOPERATIVE AGREEMENT.— (a) IN GENERAL.—From power designated for boundaries of the Fort Peck Indian Reservation, (1) IN GENERAL.—The Secretary, with the con- future irrigation and drainage pumping for the based on a treaty, compact, executive order, currence of the Assiniboine and Sioux Rural Pick-Sloan Missouri Basin program, the West- agreement, Act of Congress, aboriginal title, the Water System Board, shall enter into a coopera- ern Area Power Administration shall make decision in Winters v. United States, 207 U.S. tive agreement with Dry Prairie Rural Water available, at the firm power rate, the capacity 564 (1908) (commonly known as the ‘‘Winters Association Incorporated to provide Federal as- and energy required to meet the pumping and Doctrine’’), or other law; or sistance for the planning, design, and construc- incidental operational requirements of the Fort (6) validate or invalidate any assertion of the tion of the Dry Prairie Rural Water System. Peck Reservation Rural Water System. existence, nonexistence, or extinguishment of (2) MANDATORY PROVISIONS.—The cooperative (b) QUALIFICATION TO USE PICK-SLOAN any water right held or Indian water compact agreement under paragraph (1) shall specify, in POWER.—For as long as the Fort Peck Reserva- entered into by the Fort Peck Tribes or by any a manner that is acceptable to the Secretary tion rural water supply system operates on a other Indian tribe or individual Indian under and Dry Prairie Rural Water Association not-for-profit basis, the portions of the water Federal or State law. Incorporated— supply project constructed with assistance (b) OFFSET AGAINST CLAIMS.—Any funds re- (A) the responsibilities of each party to the under this Act shall be eligible to receive firm ceived by the Fort Peck Tribes pursuant to this agreement for— power from the Pick-Sloan Missouri Basin pro- Act shall be used to offset any claims for money (i) needs assessment, feasibility, and environ- gram established by section 9 of the Act of De- damages against the United States by the Fort mental studies; cember 22, 1944 (chapter 665; 58 Stat. 887), popu- Peck Tribes, existing on the date of the enact- (ii) engineering and design; larly known as the Flood Control Act of 1944. ment of this Act, for water rights based on a (iii) construction; (c) RECOVERY OF EXPENSES.— treaty, compact, executive order, agreement, Act (iv) water conservation measures; and (1) ASSINIBOINE AND SIOUX RURAL WATER SYS- of Congress, aboriginal title, the decision in (v) administration of contracts relating to per- TEM.—In the case of the Assiniboine and Sioux Winters v. United States, 207 U.S. 564 (1908), or formance of the activities described in clauses (i) Rural Water System, the Western Area Power other law. through (iv); Administration shall recover expenses associated SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (B) the procedures and requirements for ap- with power purchases under subsection (a) (a) ASSINIBOINE AND SIOUX RURAL WATER proval and acceptance of the design and con- through a separate power charge sufficient to SYSTEM.—There are authorized to be struction and for carrying out other activities cover such expenses. Such charge shall be paid appropriated— described in subparagraph (A); and fully through the annual appropriations to the (1) to the Bureau of Reclamation over a period (C) the rights, responsibilities, and liabilities Bureau of Indian Affairs. of 10 fiscal years, $124,000,000 for the planning, of each party to the agreement. (2) DRY PRAIRIE RURAL WATER SYSTEM.—In design, and construction of the Assiniboine and (d) SERVICE AREA.— the case of the Dry Prairie Rural Water System, Sioux Rural Water System; and (1) IN GENERAL.—Except as provided in para- the Western Area Power Administration shall (2) to the Bureau of Indian Affairs such sums graph (2), the service area of the Dry Prairie recover expenses associated with power pur- as are necessary for the operation and mainte- Rural Water System shall be the area in the chases under subsection (a) through a separate nance of the Assiniboine and Sioux Rural Water State— power charge sufficient to cover expenses. Such System.

VerDate 12-SEP-2000 04:56 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 6333 E:\CR\FM\A12SE7.045 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7403 (b) DRY PRAIRIE RURAL WATER SYSTEM.— erate, maintain, and replace the As- into improving the lives and health of the peo- There is authorized to be appropriated, over a siniboine and Sioux rural water sys- ple in the Fort Peck area, and the residents period of 10 fiscal years, $51,000,000 for the plan- tems within the Fort Peck Indian Res- there owe him a debt of gratitude for moving ning, design, and construction of the Dry Prai- ervation in Montana, and directs the rie Rural Water System. this dream to the brink of reality. (c) COST INDEXING.—The funds authorized to Secretary to enter into a cooperative Mr. Speaker, I have no further re- be appropriated may be increased or decreased agreement with the tribe. All costs of quests for time, and I yield back the by such amounts as are justified by reason of the Indian system would be non- balance of my time. ordinary fluctuations in development costs in- reimbursable. Mr. WALDEN of Oregon. Mr. Speak- curred after October 1, 1998, as indicated by en- The bill also authorizes the Dry Prairie Rural er, I have no further requests for time, gineering cost indices applicable for the type of Water System, a project to serve non-Indian and I yield back the balance of my construction involved. residents in the area, with the Federal Govern- time. The SPEAKER pro tempore (Mr. ment paying 76 percent of those project costs. The SPEAKER pro tempore. The QUINN). Pursuant to the rule, the gen- The Dry Prairie system would be inter- question is on the motion offered by tleman from Oregon (Mr. WALDEN) and connected with the Fort Peck Reservation sys- the gentleman from Oregon (Mr. WAL- the gentleman from American Samoa tem. DEN) that the House suspend the rules (Mr. FALEOMAVAEGA) each will control I note that S. 624 is opposed by the admin- and pass the Senate bill, S. 624, as 20 minutes. istration, primarily because the administration amended. The Chair recognizes the gentleman believes the costs of non-Indian water supply The question was taken; and (two- from Oregon (Mr. WALDEN). projects should be fully reimbursed by the thirds having voted in favor thereof) GENERAL LEAVE project beneficiaries. While I agree we should the rules were suspended and the Sen- Mr. WALDEN of Oregon. Mr. Speak- make every attempt to comply with this policy ate bill, as amended, was passed. er, I ask unanimous consent that all goal, I believe that in this case some Federal A motion to reconsider was laid on Members may have 5 legislative days cost-sharing is appropriate. the table. within which to revise and extend their I urge my colleagues to support this legisla- f remarks on S. 624, as amended. tion. The SPEAKER pro tempore. Is there Mr. HILL of Montana. Mr. Speaker, I support DETERMINING SIZE AND QUORUM objection to the request of the gen- and urge the passage of S. 624, The Fort OF LEGISLATURE BY LAWS OF tleman from Oregon? Peck Rural Reservation Rural Water System THE VIRGIN ISLANDS There was no objection. Act. This bill authorizes the construction of a Mr. WALDEN of Oregon. Mr. Speak- Mr. WALDEN of Oregon. Mr. Speak- fresh water system for residents on and near er, I yield myself such time as I may er, I move to suspend the rules and the Fort Peck Indian Reservation in northeast consume. pass the bill (H.R. 2296) to amend the Mr. Speaker, S. 624 was introduced by Montana. I introduced companion legislation Revised Organic Act of the Virgin Is- along with Senator BURNS, and a version of Senator BURNS and a companion bill, lands to provide that the number of H.R. 1124, was introduced by the gen- his bill has already passed the Senate. members on the legislature of the Vir- The need for a safe and reliable water tleman from Montana (Mr. HILL). gin Islands and the number of such The Fort Peck Reservation is located source is particularly acute on the Fort Peck members constituting a quorum shall in northeastern Montana, and suffers Indian Reservation. In one community, sulfate be determined by the laws of the Virgin from the same problem of inadequate levels in the water are four times the standard Islands, and for other purposes. quantity and quality of water supplies for safe drinking water, and in four commu- The Clerk read as follows: nities, iron levels are five times the standard. as do most areas in the High Plains. H.R. 2296 The adjacent communities have the The unemployment rate on the Fort Peck Res- ervation is near 75 percent, and the reserva- Be it enacted by the Senate and House of Rep- same problems, and this legislation resentatives of the United States of America in contemplates that the reservation tion has been plagued by health alerts for Congress assembled, drinking water, despite the fact that the area is water system would be sized to connect SECTION 1. SIZE AND QUORUM OF LEGISLATURE to a distribution system for the sur- located near one of the largest manmade res- DETERMINED BY LAWS OF THE VIR- rounding communities. ervoirs in the United States. Health problems GIN ISLANDS. All costs of the reservation system, such as heart disease, high blood pressure (a) SIZE OF LEGISLATURE.—Section 5(b) of and diabetes run rampant. the Revised Organic Act of the Virgin Is- including operations and maintenance, lands (48 U.S.C. 1571(b)) is amended— would be a Federal responsibility. The A safe and reliable source of water is nec- essary to both improve health and stimulate (1) by striking ‘‘fifteen’’; and costs associated with the operation and (2) by inserting after the first sentence the maintenance of the system for the economic development on the reservation and following: ‘‘The number of such senators tribe shall be funded through annual in an area of Montana far remote from any shall be determined by the laws of the Virgin appropriations to the Bureau of Indian major population centers. Those who live on Islands.’’. Affairs. the Fort Peck Reservation and in nearby com- (b) NUMBER CONSTITUTING QUORUM.—The Federal costs for the Dry Prairie sys- munities deserve the peace of mind that first sentence of section 9(a) of the Revised tem shall not exceed 76 percent, and comes with a safe supply of water. S. 624 will Organic Act of the Virgin Islands (48 U.S.C. 1575(a)) is amended to read as follows: ‘‘The the Federal government may not ex- improve the water systems for at least 24,000 Montanans in this area, and will provide water number of members of the legislature needed pend any Federal funds for operations, to constitute a quorum shall be determined maintenance, or replacement costs for not only for drinking, but also for agriculture. by the laws of the Virgin Islands.’’. the Dry Prairie system. I would like to take this opportunity to thank a few of the people without whom this bill The SPEAKER pro tempore. Pursu- Mr. Speaker, I urge passage of the ant to the rule, the gentleman from Or- Senate bill, S. 624, and I reserve the would not have been possible. Former Mon- tana Lieutenant Governor Dennis Rehberg egon (Mr. WALDEN) and the gentleman balance of my time. from American Samoa (Mr. Mr. FALEOMAVAEGA. Mr. Speaker, brought this issue to the attention of House FALEOMAVAEGA) each will control 20 I yield myself such time as I may con- Leadership while Speaker HASTERT was vis- minutes. sume. iting Montana. Without the renewed momen- (Mr. FALEOMAVAEGA asked and tum due to Mr. Rehberg's efforts and the in- The Chair recognizes the gentleman was given permission to revise and ex- tegrity of the House Leadership, the water from Oregon (Mr. WALDEN). tend his remarks.) safety issues at Fort Peck may have gone GENERAL LEAVE Mr. FALEOMAVAEGA. Mr. Speaker, unaddressed. I would especially like to thank Mr. WALDEN of Oregon. Mr. Speak- I thank my good friend, the gentleman Chairman DOOLITTLE for his willingness not er, I ask unanimous consent that all from Oregon, for the management of only to work with all those involved in the bill, Members may have 5 legislative days this legislation. I do want to com- but to spearhead efforts to find a solution to within which to revise and extend their pliment and commend the gentleman this problem. remarks on H.R. 2296. from Montana, Senator CONRAD BURNS, And certainly not least of all, I would like to The SPEAKER pro tempore. Is there for his sponsorship of Senate bill 624. thank Senator CONRAD BURNS for being the objection to the request of the gen- The bill directs the Secretary of the champion of this project in the Senate. He has tleman from Oregon? Interior to plan, design, construct, op- put an extraordinary amount of work and effort There was no objection.

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.045 pfrm02 PsN: H12PT1 H7404 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Mr. WALDEN of Oregon. Mr. Speak- Mr. FALEOMAVAEGO. Mr. Speaker, DEN) that the House suspend the rules er, I yield myself such time as I may I yield 2 minutes to the gentlewoman and pass the bill, H.R. 2296. consume. from the Virgin Islands (Mrs. The question was taken; and (two- Mr. Speaker, I rise today in support CHRISTENSEN). thirds having voted in favor thereof) of H.R. 2296, legislation which would Mrs. CHRISTENSEN. Mr. Speaker, I the rules were suspended and the bill amend the Revised Organic Act of the rise in support of H.R. 2296, a bill I in- was passed. Virgin Islands to provide that the num- troduced earlier this year to give my A motion to reconsider was laid on ber of members of the legislature of the constituents, the people of the U.S. the table. Virgin Islands and the number of such Virgin Islands, a greater degree of self- f members constituting a quorum shall government by allowing us and not CONFERENCE REPORT ON H.R. 1654, be determined by the laws of the Virgin Congress, to determine the size of our NATIONAL AERONAUTICS AND Islands. local legislature. SPACE ADMINISTRATION AU- Mr. Speaker, I would ask support for I must begin my remarks by also THORIZATION ACT OF 2000 passage of H.R. 2296, and I reserve the thanking the gentleman from Alaska balance of my time. (Mr. YOUNG), chairman of the Com- Mr. SENSENBRENNER submitted Mr. FALEOMAVAEGA. Mr. Speaker, mittee on Resources and the gentleman the following conference and statement I yield myself such time as I may con- from California (Mr. GEORGE MILLER), on the bill (H.R. 1654) to authorize ap- sume. ranking member, for their support and propriations for the National Aero- (Mr. FALEOMAVAEGA asked and hard work in getting this bill to the nautics and Space Administration for was given permission to revise and ex- floor today. the fiscal years 2000, 2001, and 2002. tend his remarks.) The gentleman from Alaska (Chair- CONFERENCE REPORT (H. REPT. 106–843) Mr. FALEOMAVAEGA. Mr. Speaker, man YOUNG), the gentleman from Cali- again I want to highly commend and The committee of conference on the dis- fornia (Mr. GEORGE MILLER), Ranking agreeing votes of the two Houses on the compliment the gentlewoman from the Democrat, and I all recognize and ac- amendment of the Senate to the bill (H.R. Virgin Islands (Mrs. CHRISTENSEN) for knowledge that H.R. 2296 is only nec- 1654), to authorize appropriations for the Na- her sponsorship and authorship of this essary because the Virgin Islands have tional Aeronautics and Space Administra- legislation. It certainly has the bipar- not yet adopted a local constitution tion for fiscal years 2000, 2001, and 2002, and tisan support of both sides of the aisle after four attempts. for other purposes, having met, after full and on this committee. Although I believe our adopting a free conference, have agreed to recommend Mr. Speaker, I find it interesting that the constitution would be the preferred and do recommend to their respective Houses as follows: people of the U.S. Virgin Islands still have to process, a constitution convention and That the House recede from its disagree- come to Congress to reduce the size of their adoption of a Virgin Islands constitu- ment to the amendment of the Senate and legislature. But that they must do so provides tion may still be a long way off. There- agree to the same with an amendment as fol- some insight into the structure of the relation- fore, H.R. 2296 was introduced on June lows: ships between the United States and its insu- 22 of last year in response to a resolu- In lieu of the matter proposed to be in- lar areas. For better or worse, each relation- tion that was passed by the 22nd Legis- serted by the Senate amendment, insert the ship is unique. lature of the Virgin Islands to petition following: In the case of the Virgin Islands, Congress Congress to reduce the size of the local SECTION 1. SHORT TITLE; TABLE OF CONTENTS. has given the authority to the Government of legislature from its current 15 members (a) SHORT TITLE.—This Act may be cited as the ‘‘National Aeronautics and Space Adminis- the Virgin Islands to establish a constitutional to 9 as a means of saving our cash- tration Authorization Act of 2000’’. form of government under which the people of starved government badly needed (b) TABLE OF CONTENTS.— the Virgin Islands could control such things as funds. A similar bill to H.R. 2296 was Sec. 1. Short title; table of contents. the size of their government. This more local- introduced in the 105th Congress and Sec. 2. Findings. ized form of government has not been estab- was reported out by the Committee on Sec. 3. Definitions. lished yet, and in an effort to make the gov- Resources in August 5 by a voice vote. TITLE I—AUTHORIZATION OF ernment more efficient, the people of the Vir- The Virgin Islands continues to APPROPRIATIONS gin Islands wish to reduce the size of their uni- struggle, Mr. Speaker, with a severe Subtitle A—Authorizations cameral legislature from 15 members to 9. fiscal crisis, and H.R. 2296 is looked at Sec. 101. Human space flight. This is a request being made by the people by some Virgin Islanders as a means of Sec. 102. Science, aeronautics, and technology. of the Virgin Islands, and it comes to Con- saving scarce funds by reducing the Sec. 103. Mission support. gress from a duly enacted resolution of the size of our legislature. I drafted this Sec. 104. Inspector general. Sec. 105. Total authorization. local legislature. As it is in keeping with the bill to cede the authority to restruc- wishes of the people and their elected local ture the legislature to the Virgin Is- Subtitle B—Limitations and Special Authority representatives, and is consistent with sound lands rather than have Congress pre- Sec. 121. Use of funds for construction. Sec. 122. Availability of appropriated amounts. management practices, I support this bill and scribe a specific number of local sen- Sec. 123. Reprogramming for construction of fa- ask my colleagues to do the same. ators because, in my estimation, all al- cilities. Mr. GEORGE MILLER of California. Mr. ternatives that can produce more ac- Sec. 124. Use of funds for scientific consulta- Speaker, the passage of H.R. 2296 is long countability and reduce budgets ought tions or extraordinary expenses. overdue. This noncontroversial legislation al- to be considered, not just the reduction Sec. 125. Earth science limitation. lows the Virgin Islands Government to free up in numbers. Sec. 126. Competitiveness and international co- operation. government revenue by reducing the size of In closing, I want to thank Virgin Is- Sec. 127. Trans-Hab. their legislature and thereby redirecting the lands Senator Adlah Foncie Donastorg Sec. 128. Consolidated space operations con- savings towards education, law enforcement, for his authorship of the resolution tract. and other issues confronting their community. which led to the introduction of the TITLE II—INTERNATIONAL SPACE H.R. 2296 was first introduced by our col- bill before us today. I also want to STATION league, Ms. CHRISTIAN-CHRISTENSEN, during thank the staff of the Committee on Sec. 201. International Space Station contin- the 105th Congress and though it passed the Resources for their work on the bill. I gency plan. Resources Committee unanimously, we were thank my colleagues for supporting it. Sec. 202. Cost limitation for the International unable to get it scheduled for floor consider- Mr. FALEOMAVAEGA. Mr. Speaker, Space Station. ation. I am pleased that we are finally taking I have no further requests for time, and Sec. 203. Research on International Space Sta- tion. action on this legislation today and hope that I yield back the balance of my time. Sec. 204. Space station commercial development it provides some relief of our fellow Americans Mr. WALDEN of Oregon. Mr. Speak- demonstration program. in the Virgin Islands who have not experi- er, I have no further requests for time, Sec. 205. Space station. enced the same level of economic prosperity and I yield back the balance of my TITLE III—MISCELLANEOUS we have enjoyed on the mainland. time. Sec. 301. Requirement for independent cost I commend the gentlewoman from the Virgin The SPEAKER pro tempore. The analysis. Islands for her work on this matter and urge question is on the motion offered by Sec. 302. National Aeronautics and Space Act full support of its passage. the gentleman from Oregon (Mr. WAL- of 1958 amendments.

VerDate 12-SEP-2000 06:03 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 6343 E:\CR\FM\K12SE7.071 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7405 Sec. 303. Commercial space goods and services. (ii) is consistent with the need for Federal (i) such subsidiary has in the past evidenced Sec. 304. Cost effectiveness calculations. agencies to use space to complete their missions; a substantial commitment to the United States Sec. 305. Foreign contract limitation. and market through— Sec. 306. Authority to reduce or suspend con- (iii) is carried out in a manner consistent with (I) investments in the United States in long- tract payments based on substan- United States export control laws. term research, development, and manufacturing tial evidence of fraud. (7) The National Aeronautics and Space Ad- (including the manufacture of major compo- Sec. 307. Space shuttle upgrade study. ministration and the Department of Defense nents and subassemblies); and Sec. 308. Aero-space transportation technology should cooperate more effectively in leveraging (II) significant contributions to employment in integration. the mutual capabilities of these agencies to con- the United States; and Sec. 309. Definitions of commercial space policy duct joint aeronautics and space missions that (ii) the country or countries in which such terms. not only improve United States aeronautics and foreign company is incorporated or organized, Sec. 310. External tank opportunities study. space capabilities, but also reduce the cost of and, if appropriate, in which it principally con- Sec. 311. Notice. conducting those missions. ducts its business, affords reciprocal treatment Sec. 312. Unitary Wind Tunnel Plan Act of 1949 (8) The space shuttle will remain for the fore- to companies described in subparagraph (A) amendments. seeable future the Nation’s only means of safe comparable to that afforded to such foreign Sec. 313. Innovative technologies for human and reliable crewed access to space. As a result, company’s subsidiary in the United States, as space flight. the Congress is committed to funding upgrades Sec. 314. Life in the universe. evidenced by— Sec. 315. Carbon cycle remote sensing applica- designed to improve the shuttle’s safety and reli- (I) providing comparable opportunities for tions research. ability. The National Aeronautics and Space companies described in subparagraph (A) to Sec. 316. Remote sensing for agricultural and Administration should continue to provide ap- participate in Government sponsored research resource management. propriate levels of funding in its annual budget and development similar to that authorized Sec. 317. 100th Anniversary of Flight edu- requests to meet the schedule for completing the under this Act; cational initiative. high-priority upgrades in a timely manner. (II) providing no barriers to companies de- Sec. 318. Internet availability of information. (9) The Deep Space Network will continue to scribed in subparagraph (A) with respect to Sec. 319. Sense of the Congress; requirement re- be a critically important part of the Nation’s sci- local investment opportunities that are not pro- garding notice. entific and exploration infrastructure in the vided to foreign companies in the United States; Sec. 320. Anti-drug message on Internet sites. coming decades, and the National Aeronautics and Sec. 321. Enhancement of science and mathe- and Space Administration should ensure that (III) providing adequate and effective protec- matics programs. the Network is adequately maintained and that tion for the intellectual property rights of com- Sec. 322. Space advertising. upgrades required to support future missions are panies described in subparagraph (A). Sec. 323. Aeronautical research. undertaken in a timely manner. TITLE I—AUTHORIZATION OF Sec. 324. Insurance, indemnification and cross- (10) The Hubble Space Telescope has proven APPROPRIATIONS waivers. to be an important national astronomical re- Sec. 325. Use of abandoned, underutilized, and search facility that is revolutionizing our under- Subtitle A—Authorizations excess buildings, grounds, and fa- standing of the universe and should be kept pro- SEC. 101. HUMAN SPACE FLIGHT. cilities. ductive, and its capabilities should be main- (a) FISCAL YEAR 2000.—There are authorized SEC. 2. FINDINGS. tained and enhanced as appropriate to serve as to be appropriated to the National Aeronautics The Congress makes the following findings: a scientific bridge to the next generation of and Space Administration for Human Space (1) The National Aeronautics and Space Ad- space-based observatories. Flight for fiscal year 2000, $5,487,900,000. ministration should continue to pursue actions (11) The National Aeronautics and Space Ad- (b) FISCAL YEARS 2001 AND 2002.—There are and reforms directed at reducing institutional ministration is to be commended for its success- authorized to be appropriated to the National costs, including management restructuring, fa- ful efforts to transfer mobile robotics tech- Aeronautics and Space Administration for cility consolidation, procurement reform, and nologies to the United States industry through Human Space Flight for fiscal years 2001 and convergence with defense and commercial sector its existing 5-year commitment to the National 2002 the following amounts: systems, while sustaining safety standards for Robotics Engineering Consortium (NREC). One (1) For International Space Station— personnel and hardware. of the attractive features of this activity has (A) for fiscal year 2001, $2,114,500,000 of which (2) The United States is on the verge of cre- been NREC’s ability to attract private sector $455,400,000, notwithstanding section 121(a)— ating and using new technologies in microsat- matching funds for its government-sponsored (i) shall only be for Space Station research or ellites, information processing, and space trans- projects. The National Aeronautics and Space for the purposes described in section 102(b)(2); portation that could radically alter the manner Administration should give strong consideration and in which the Federal Government approaches its to a continuation of its commitment to NREC (ii) shall be administered by the Office of Life space mission. after the current agreement expires. and Microgravity Sciences and Applications; (3) The overwhelming preponderance of the SEC. 3. DEFINITIONS. and Federal Government’s requirements for routine, For purposes of this Act— (B) for fiscal year 2002, $1,858,500,000, of unmanned space transportation can be met most (1) the term ‘‘Administrator’’ means the Ad- which $451,600,000, notwithstanding section effectively, efficiently, and economically by a ministrator of the National Aeronautics and 121(a)— free and competitive market in privately devel- Space Administration; (i) shall only be for Space Station research or oped and operated space transportation services. (2) the term ‘‘commercial provider’’ means any for the purposes described in section 102(b)(2); (4) In formulating a national space transpor- person providing space transportation services and tation service policy, the National Aeronautics or other space-related activities, the primary (ii) shall be administered by the Office of Life and Space Administration should aggressively control of which is held by persons other than and Microgravity Sciences and Applications. promote the pursuit by commercial providers of a Federal, State, local, or foreign government; (2) For Space Shuttle— development of advanced space transportation (3) the term ‘‘critical path’’ means the se- (A) for fiscal year 2001, $3,165,700,000, of technologies including reusable space vehicles quence of events of a schedule of events under which $492,900,000 shall be for Safety and Per- and human space systems. which a delay in any event causes a delay in formance Upgrades; and (5) The Federal Government should invest in the overall schedule; (B) for fiscal year 2002, $3,307,800,000. the types of research and innovative technology (4) the term ‘‘grant agreement’’ has the mean- (3) For Payload and ELV Support— in which United States commercial providers do ing given that term in section 6302(2) of title 31, (A) for fiscal year 2001, $90,200,000; and not invest, while avoiding competition with the United States Code; (B) for fiscal year 2002, $90,300,000. activities in which United States commercial (5) the term ‘‘institution of higher education’’ (4) For Investments and Support— providers do invest. has the meaning given such term in section 101 (A) for fiscal year 2001, $129,500,000, of which (6) International cooperation in space explo- of the Higher Education Act of 1965 (20 U.S.C. $20,000,000 shall be for Technology and Commer- ration and science activities most effectively 1001); cialization; and serves the United States national interest— (6) the term ‘‘State’’ means each of the several (B) for fiscal year 2002, $131,000,000, of which (A) when it— States of the United States, the District of Co- $20,000,000 shall be for Technology and Commer- (i) reduces the cost of undertaking missions lumbia, the Commonwealth of Puerto Rico, the cialization. the United States Government would pursue Virgin Islands, Guam, American Samoa, the SEC. 102. SCIENCE, AERONAUTICS, AND TECH- unilaterally; Commonwealth of the Northern Mariana Is- NOLOGY. (ii) enables the United States to pursue mis- lands, and any other commonwealth, territory, (a) FISCAL YEAR 2000.—There are authorized sions that it could not otherwise afford to pur- or possession of the United States; and to be appropriated to the National Aeronautics sue unilaterally; or (7) the term ‘‘United States commercial pro- and Space Administration for Science, Aero- (iii) enhances United States capabilities to use vider’’ means a commercial provider, organized nautics, and Technology $5,580,900,000 for fiscal and develop space for the benefit of United under the laws of the United States or of a year 2000. States citizens; and State, which is— (b) FISCAL YEARS 2001 AND 2002.—There are (B) when it— (A) more than 50 percent owned by United authorized to be appropriated to the National (i) is undertaken in a manner that is sensitive States nationals; or Aeronautics and Space Administration for to the desire of United States commercial pro- (B) a subsidiary of a foreign company and the Science, Aeronautics, and Technology for fiscal viders to develop or explore space commercially; Secretary of Commerce finds that— years 2001 and 2002 the following amounts:

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 6333 E:\CR\FM\A12SE7.004 pfrm02 PsN: H12PT1 H7406 CONGRESSIONAL RECORD — HOUSE September 12, 2000 (1) For Space Science— (B) for fiscal year 2002, $141,300,000, of construction of additional research facilities to (A) for fiscal year 2001, $2,417,800,000, of which— institutions of higher education, or to nonprofit which— (i) $12,500,000 shall be for the Teacher/Faculty organizations whose primary purpose is the con- (i) $10,500,000 shall be for the Near Earth Ob- Preparation and Enhancement Programs; duct of scientific research, title to these facilities ject Survey; (ii) $12,500,000 shall be for the program known shall be vested in the United States. (ii) $523,601,000 shall be for the Research Pro- as the Experimental Program to Stimulate Com- (2) EXCEPTION.—If the Administrator deter- gram; and petitive Research; mines that the national program of aeronautical (iii) $12,000,000 shall be for Space Solar Power (iii) $54,000,000 shall be for minority university and space activities will best be served by vest- technology; and research and education (at institutions such as ing title to a facility referred to in paragraph (1) (B) for fiscal year 2002, $2,630,400,000, of Hispanic-serving institutions, Alaska Native in an institution or organization referred to in which— serving institutions, Native Hawaiian serving that paragraph, the title to that facility shall (i) $10,500,000 shall be for the Near Earth Ob- institutions, and tribally controlled colleges and vest in that institution or organization. ject Survey; universities), including $35,900,000 for Histori- (ii) $566,700,000 shall be for the Research Pro- (3) CONDITION.—Each grant referred to in cally Black Colleges and Universities; and paragraph (1) shall be made under such condi- gram; (iv) $28,000,000 shall be for space grant col- (iii) $12,000,000 shall be for Space Solar Power tions as the Administrator determines to be nec- leges designated under section 208 of the Na- essary to ensure that the United States will re- technology; and tional Space Grant College and Fellowship Act. (iv) $5,000,000 shall be for Space Science Data ceive benefits from the grant that are adequate SEC. 103. MISSION SUPPORT. Buy. to justify the making of the grant. (a) FISCAL YEAR 2000.—There are authorized (2) For Life and Microgravity Sciences and SEC. 122. AVAILABILITY OF APPROPRIATED to be appropriated to the National Aeronautics Applications— AMOUNTS. and Space Administration for Mission Support (A) for fiscal year 2001, $335,200,000, of which To the extent provided in appropriations Acts, $2,000,000 shall be for research and early detec- for fiscal year 2000 $2,512,000,000. (b) FISCAL YEARS 2001 AND 2002.—There are appropriations authorized under subtitle A may tion systems for breast and ovarian cancer and authorized to be appropriated to the National remain available without fiscal year limitation. other women’s health issues, $5,000,000 shall be Aeronautics and Space Administration for Mis- SEC. 123. REPROGRAMMING FOR CONSTRUCTION for sounding rocket vouchers, $2,000,000 shall be sion Support for fiscal years 2001 and 2002 the OF FACILITIES. made available for immediate clinical trials of following amounts: (a) IN GENERAL.—Appropriations authorized islet transplantation in patients with Type I di- (1) For Safety, Mission Assurance, Engineer- for construction of facilities under section abetes utilizing immunoisolation technologies ing, and Advanced Concepts— 103(b)(2)— derived from NASA space flights, and $70,000,000 (A) for fiscal year 2001, $47,500,000; and may be used for activities associated with Inter- (1) may be varied upward by 10 percent in the (B) for fiscal year 2002, $51,500,000. discretion of the Administrator; or national Space Station research; and (2) For Construction of Facilities, including (B) for fiscal year 2002, $344,000,000, of which (2) may be varied upward by 25 percent, to land acquisition— meet unusual cost variations, after the expira- $2,000,000 shall be for research and early detec- (A) for fiscal year 2001, $245,900,000; and tion of 15 days following a report on the cir- tion systems for breast and ovarian cancer and (B) for fiscal year 2002, $231,000,000. cumstances of such action by the Administrator other women’s health issues, appropriate fund- (3) For Research and Program Management, to the Committee on Science of the House of ing shall be made available for continuing clin- including personnel and related costs, travel, Representatives and the Committee on Com- ical trials of islet transplantation in patients and research operations support— with Type I diabetes utilizing immunoisolation (A) for fiscal year 2001, $2,290,600,000; and merce, Science, and Transportation of the Sen- technologies derived from NASA space flights, (B) for fiscal year 2002, $2,383,700,000. ate. The aggregate amount authorized to be appro- and $80,800,000 may be used for activities associ- SEC. 104. INSPECTOR GENERAL. priated for construction of facilities under sec- ated with International Space Station research. There are authorized to be appropriated to the (3) For Earth Science, subject to the limita- tion 103(b)(2) shall not be increased as a result National Aeronautics and Space Administration tions set forth in section 125— of actions authorized under paragraphs (1) and for Inspector General— (A) for fiscal year 2001, $1,430,800,000; and (1) for fiscal year 2000, $20,000,000; (2) of this subsection. (B) for fiscal year 2002, $1,357,500,000. (2) for fiscal year 2001, $22,000,000; and (b) SPECIAL RULE.—Where the Administrator (4) For Aero-Space Technology— determines that new developments in the na- (A) for fiscal year 2001, $1,224,000,000, of (3) for fiscal year 2002, $22,700,000. SEC. 105. TOTAL AUTHORIZATION. tional program of aeronautical and space activi- which— ties have occurred; and that such developments (i) at least $36,000,000 shall be for Quiet Air- Notwithstanding any other provision of this title, the total amount authorized to be appro- require the use of additional funds for the pur- craft Technology; poses of construction, expansion, or (ii) at least $70,000,000 shall be for the Avia- priated to the National Aeronautics and Space modification of facilities at any location; and tion Safety program; and Administration under this Act shall not that deferral of such action until the enactment (iii) $50,000,000 shall be for ultra-efficient en- exceed— of the next National Aeronautics and Space Ad- gine technology; and (1) for fiscal year 2001, $14,184,400,000; and ministration authorization Act would be incon- (iv) $290,000,000 shall be for Second Genera- (2) for fiscal year 2002, $14,625,400,000. sistent with the interest of the Nation in aero- tion RLV Program; and Subtitle B—Limitations and Special Authority (B) for fiscal year 2002, $1,574,900,000, of nautical and space activities, the Administrator SEC. 121. USE OF FUNDS FOR CONSTRUCTION. which— may use up to $10,000,000 of the amounts au- (i) at least $36,000,000 shall be for Quiet Air- (a) AUTHORIZED USES.—Funds appropriated thorized under section 103(b)(2) for each fiscal craft Technology; under sections 101, 102, and 103(b)(1) and funds year for such purposes. No such funds may be (ii) at least $70,000,000 shall be for the Avia- appropriated for research operations support obligated until a period of 30 days has passed tion Safety program; and under section 103(b)(3) may, at any location in after the Administrator has transmitted to the (iii) $50,000,000 shall be for ultra-efficient en- support of the purposes for which such funds Committee on Commerce, Science, and Transpor- gine technology; and are appropriated, be used for— tation of the Senate and the Committee on (iv) $610,000,000 shall be for Second Genera- (1) the construction of new facilities; and Science of the House of Representatives a writ- tion RLV Program. (2) additions to, repair of, rehabilitation of, or ten report describing the nature of the construc- (5) For Space Operations— modification of existing facilities (in existence tion, its costs, and the reasons therefor. on the date on which such funds are made (A) for fiscal year 2001, $529,400,000; and SEC. 124. USE OF FUNDS FOR SCIENTIFIC CON- (B) for fiscal year 2002, $500,800,000. available by appropriation). SULTATIONS OR EXTRAORDINARY (6) For Academic Programs— (b) LIMITATION.— EXPENSES. (A) for fiscal year 2001, $141,300,000, of (1) IN GENERAL.—Until the date specified in Not more than $32,500 of the funds appro- which— paragraph (2), no funds may be expended pur- priated under section 102 may be used for sci- (i) $11,800,000 shall be for the Teacher/Faculty suant to subsection (a) for a project, with re- entific consultations or extraordinary expenses, Preparation and Enhancement Programs; spect to which the estimated cost to the National upon the authority of the Administrator. (ii) $11,800,000 shall be for the program known Aeronautics and Space Administration, includ- as the Experimental Program to Stimulate Com- ing collateral equipment, exceeds $1,000,000. SEC. 125. EARTH SCIENCE LIMITATION. petitive Research; (2) DATE.—The date specified in this para- Of the funds authorized to be appropriated for (iii) $54,000,000 shall be for minority university graph is the date that is 30 days after the Ad- Earth Science under section 102(b)(3) for each of research and education (at institutions such as ministrator notifies the Committee on Commerce, fiscal years 2001 and 2002, $25,000,000 shall be Hispanic-serving institutions, Alaska Native Science, and Transportation of the Senate and for the Commercial Remote Sensing Program for serving institutions, Native Hawaiian serving the Committee on Science of the House of Rep- commercial data purchases, unless the National institutions, and tribally controlled colleges and resentatives of the nature, location, and esti- Aeronautics and Space Administration has inte- universities), including $35,900,000 for Histori- mated cost to the National Aeronautics and grated data purchases into the procurement cally Black Colleges and Universities; and Space Administration of the project referred to process for Earth science research by obligating (iv) $28,000,000 shall be for space grant col- in paragraph (1). at least 5 percent of the aggregate amount ap- leges designated under section 208 of the Na- (c) TITLE TO FACILITIES.— propriated for that fiscal year for Earth Observ- tional Space Grant College and Fellowship Act; (1) IN GENERAL.—If funds are used pursuant ing System and Earth Probes for the purchase of and to subsection (a) for grants for the purchase or Earth science data from the private sector.

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 6333 E:\CR\FM\A12SE7.007 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7407

SEC. 126. COMPETITIVENESS AND INTER- month beginning more than 60 days after the (b) COSTS TO WHICH LIMITATION APPLIES.— NATIONAL COOPERATION. date of the enactment of this Act, and not later (1) DEVELOPMENT COSTS.—The limitation im- (a) LIMITATION.—(1) As part of the evaluation than the first day of every second month there- posed by subsection (a)(1)(A) does not apply to of the costs and benefits of entering into an obli- after until October 1, 2006, the Administrator funding for operations, research, or crew return gation to conduct a space mission in which a shall report to Congress whether or not the Rus- activities subsequent to substantial completion foreign entity will participate as a supplier of sians have performed work expected of them and of the International Space Station. the spacecraft, spacecraft system, or launch sys- necessary to complete the International Space (2) LAUNCH COSTS.—The limitation imposed by tem, the Administrator shall solicit comment on Station. Each such report shall also include a subsection (a)(1)(B) does not apply— the potential impact of such participation statement of the Administrator’s judgment con- (A) to space shuttle launch costs in connec- through notice published in Commerce Business cerning Russia’s ability to perform work antici- tion with operations, research, or crew return Daily at least 45 days before entering into such pated and required to complete the Inter- activities subsequent to substantial completion an obligation. national Space Station before the next report of the International Space Station; (2) The Administrator shall certify to the Con- under this subsection. (B) to space shuttle launch costs in connec- gress at least 15 days in advance of any cooper- (b) DECISION ON RUSSIAN CRITICAL PATH tion with a launch for a mission on which at ative agreement with the People’s Republic of ITEMS.—The President shall notify Congress least 75 percent of the shuttle payload by mass China, or any company owned by the People’s within 90 days after the date of the enactment is devoted to research; nor Republic of China or incorporated under the of this Act of the decision on whether or not to (C) to any additional costs incurred in ensur- laws of the People’s Republic of China, involv- proceed with permanent replacement of any ing or enhancing the safety and reliability of ing spacecraft, spacecraft systems, launch sys- Russian elements in the critical path of the the space shuttle. tems, or scientific or technical information International Space Station or any Russian (3) SUBSTANTIAL COMPLETION.—For purposes that— launch services. Such notification shall include of this subsection, the International Space Sta- (A) the agreement is not detrimental to the the reasons and justifications for the decision tion is considered to be substantially completed United States space launch industry; and and the costs associated with the decision. Such when the development costs comprise 5 percent (B) the agreement, including any indirect decision shall include a judgment of when all or less of the total International Space Station technical benefit that could be derived from the elements identified in Revision E assembly se- costs for the fiscal year. agreement, will not improve the missile or space quence as of June 1999 will be in orbit and oper- (c) NOTICE OF CHANGES TO SPACE STATION launch capabilities of the People’s Republic of ational. If the President decides to proceed with COSTS.—The Administrator shall provide with China. a permanent replacement for any Russian ele- each annual budget request a written notice (3) The Inspector General of the National Aer- ment in the critical path or any Russian launch and analysis of any changes under subsection onautics and Space Administration, in consulta- services, the President shall notify Congress of (d) to the amounts set forth in subsection (a) to tion with appropriate agencies, shall conduct an the reasons and the justification for the decision the Senate Committees on Appropriations and annual audit of the policies and procedures of to proceed with the permanent replacement and on Commerce, Science, and Transportation and the National Aeronautics and Space Adminis- the costs associated with the decision. to the House of Representatives Committees on tration with respect to the export of technologies (c) ASSURANCES.—The United States shall seek Appropriations and on Science. In addition, and the transfer of scientific and technical in- assurances from the Russian Government that it such notice may be provided at other times, as formation, to assess the extent to which the Na- places a higher priority on fulfilling its commit- deemed necessary by the Administrator. The tional Aeronautics and Space Administration is ments to the International Space Station than it written notice shall include— carrying out its activities in compliance with places on extending the life of the Mir Space (1) an explanation of the basis for the change, Federal export control laws and with paragraph Station, including assurances that Russia will including the costs associated with the change (2). not utilize assets allocated by Russia to the and the expected benefit to the program to be (b) NATIONAL INTERESTS.—Before entering International Space Station for other purposes, derived from the change; into an obligation described in subsection (a), including extending the life of Mir. (2) an analysis of the impact on the assembly the Administrator shall consider the national (d) EQUITABLE UTILIZATION.—In the event schedule and annual funding estimates of not interests of the United States described in sec- that any International Partner in the Inter- receiving the requested increases; and tion 2(6). national Space Station Program willfully vio- (3) an explanation of the reasons that such a SEC. 127. TRANS-HAB. lates any of its commitments or agreements for change was not anticipated in previous program (a) REPLACEMENT STRUCTURE.—No funds au- the provision of agreed-upon Space Station-re- budgets. thorized by this Act shall be obligated for the lated hardware or related goods or services, the (d) FUNDING FOR CONTINGENCIES.— definition, design, procurement, or development Administrator should, in a manner consistent (1) NOTICE REQUIRED.—If funding in excess of of an inflatable space structure to replace any with relevant international agreements, seek a the limitation provided for in subsection (a) is International Space Station components sched- commensurate reduction in the utilization rights required to address the contingencies described uled for launch in the Assembly Sequence of that Partner until such time as the violated in paragraph (2), then the Administrator shall adopted by the National Aeronautics and Space commitments or agreements have been fulfilled. provide the written notice required by sub- PERATION COSTS.—The Administrator Administration in June 1999. (e) O section (c). In the case of funding described in (b) EXCEPTION.—Notwithstanding subsection shall, in a manner consistent with relevant paragraph (3)(A), such notice shall be required (a), nothing in this Act shall preclude the Na- international agreements, seek to reduce the Na- prior to obligating any of the funding. In the tional Aeronautics and Space Administration tional Aeronautics and Space Administration’s case of funding described in paragraph (3)(B), from leasing or otherwise using a commercially share of International Space Station common such notice shall be required within 15 days provided inflatable habitation module, if such operating costs, based upon any additional ca- after making a decision to implement a change module would— pabilities provided to the International Space that increases the space shuttle launch costs in (1) cost the same or less, including any nec- Station through the National Aeronautics and connection with the assembly of the Inter- essary modifications to other hardware or oper- Space Administration’s Russian Program Assur- national Space Station. ating expenses, than the remaining cost of com- ance activities. (2) CONTINGENCIES.—The contingencies re- pleting and attaching the baseline habitation SEC. 202. COST LIMITATION FOR THE INTER- ferred to in paragraph (1) are the following: module; NATIONAL SPACE STATION. (A) The lack of performance or the termi- (2) impose no delays to the Space Station As- (a) LIMITATION OF COSTS.— nation of participation of any of the Inter- sembly Sequence; and (1) IN GENERAL.—Except as provided in sub- national countries party to the Intergovern- (3) result in no increased safety risk. sections (c) and (d), the total amount obligated mental Agreement. (c) REPORT.—Notwithstanding subsection (a), by the National Aeronautics and Space Admin- (B) The loss or failure of a United States-pro- the National Aeronautics and Space Adminis- istration for— vided element during launch or on-orbit. tration shall report to the Congress by April 1, (A) costs of the International Space Station (C) On-orbit assembly problems. 2001, on its findings and recommendations on may not exceed $25,000,000,000; and (D) New technologies or training to improve (B) space shuttle launch costs in connection substituting any inflatable habitation module, safety on the International Space Station. with the assembly of the International Space or other inflatable structures, for one of the ele- (E) The need to launch a space shuttle to en- Station may not exceed $17,700,000,000. ments included in the Space Station Assembly sure the safety of the crew or to maintain the (2) CALCULATION OF LAUNCH COSTS.—For pur- Sequence adopted in June 1999. integrity of the station. poses of paragraph (1)(B)— (3) AMOUNTS.—The total amount obligated by SEC. 128. CONSOLIDATED SPACE OPERATIONS (A) not more than $380,000,000 in costs for any CONTRACT. National Aeronautics and Space Administration single space shuttle launch shall be taken into to address the contingencies described in para- No funds authorized by this Act shall be used account; and to create a Government-owned corporation to graph (2) is limited to— (B) if the space shuttle launch costs taken (A) $5,000,000,000 for the International Space perform the functions that are the subject of the into account for any single space shuttle launch Station; and Consolidated Space Operations Contract. are less than $380,000,000, then the Adminis- (B) $3,540,000,000 for the space shuttle launch TITLE II—INTERNATIONAL SPACE trator shall arrange for a verification, by the costs in connection with the assembly of the STATION General Accounting Office, of the accounting International Space Station. SEC. 201. INTERNATIONAL SPACE STATION CON- used to determine those costs and shall submit (e) REPORTING AND REVIEW.— TINGENCY PLAN. that verification to the Congress within 60 days (1) IDENTIFICATION OF COSTS.— (a) BIMONTHLY REPORTING ON RUSSIAN STA- after the date on which the next budget request (A) SPACE SHUTTLE.—As part of the overall TUS.—Not later than the first day of the first is transmitted to the Congress. space shuttle program budget request for each

VerDate 12-SEP-2000 06:03 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 6333 E:\CR\FM\A12SE7.011 pfrm02 PsN: H12PT1 H7408 CONGRESSIONAL RECORD — HOUSE September 12, 2000 fiscal year, the Administrator shall identify conduct research utilization and commercializa- SEC. 304. COST EFFECTIVENESS CALCULATIONS. separately— tion management activities of the International Except as otherwise required by law, in calcu- (i) the amounts of the requested funding that Space Station subsequent to substantial comple- lating the cost effectiveness of the cost of the are to be used for completion of the assembly of tion as defined in section 202(b)(3). The agree- National Aeronautics and Space Administration the International Space Station; and ment may not take effect less than 120 days engaging in an activity as compared to a com- (ii) any shuttle research mission described in after the implementation plan for the agreement mercial provider, the Administrator shall com- subsection (b)(2). is submitted to the Congress under subsection pare the cost of the National Aeronautics and (B) INTERNATIONAL SPACE STATION.—As part (b). Space Administration engaging in the activity of the overall International Space Station budg- (b) IMPLEMENTATION PLAN.—Not later than using full cost accounting principles with the et request for each fiscal year, the Administrator September 30, 2001, the Administrator shall sub- price the commercial provider will charge for shall identify the amount to be used for develop- mit to the Committee on Commerce, Science, and such activity. ment of the International Space Station. Transportation of the Senate and the Committee SEC. 305. FOREIGN CONTRACT LIMITATION. (2) ACCOUNTING FOR COST LIMITATIONS.—As on Science of the House of Representatives an The National Aeronautics and Space Adminis- part of the annual budget request to the Con- implementation plan to incorporate the use of a tration shall not enter into any agreement or gress, the Administrator shall account for the non-government organization for the Inter- contract with a foreign government that grants cost limitations imposed by subsection (a). national Space Station. The implementation the foreign government the right to recover prof- (3) VERIFICATION OF ACCOUNTING.—The Ad- plan shall include— it in the event that the agreement or contract is ministrator shall arrange for a verification, by (1) a description of the respective roles and re- terminated. the General Accounting Office, of the account- sponsibilities of the Administration and the non- ing submitted to the Congress within 60 days SEC. 306. AUTHORITY TO REDUCE OR SUSPEND government organization; CONTRACT PAYMENTS BASED ON after the date on which the budget request is (2) a proposed structure for the non-govern- SUBSTANTIAL EVIDENCE OF FRAUD. transmitted to the Congress. ment organization; Section 2307(i)(8) of title 10, United States (4) INSPECTOR GENERAL.—Within 60 days after (3) a statement of the resources required; Code, is amended by striking ‘‘and (4)’’ and in- the Administrator provides a notice and anal- (4) a schedule for the transition of responsibil- serting in lieu thereof ‘‘(4), and (6)’’. ysis to the Congress under subsection (c), the ities; and SEC. 307. SPACE SHUTTLE UPGRADE STUDY. Inspector General of the National Aeronautics (5) a statement of the duration of the agree- (a) STUDY.—The Administrator shall enter and Space Administration shall review the no- ment. into appropriate arrangements for the conduct tice and analysis and report the results of the TITLE III—MISCELLANEOUS review to the committees to which the notice and of an independent study to reassess the priority analysis were provided. SEC. 301. REQUIREMENT FOR INDEPENDENT of all Space Shuttle upgrades which are under COST ANALYSIS. consideration by the National Aeronautics and SEC. 203. RESEARCH ON INTERNATIONAL SPACE (a) REQUIREMENT.—Before any funds may be STATION. Space Administration but for which substantial obligated for Phase B of a project that is pro- development costs have not been incurred. (a) STUDY.—The Administrator shall enter jected to cost more than $150,000,000 in total (b) PRIORITIES.—The study described in sub- into a contract with the National Research project costs, the Chief Financial Officer for the section (a) shall establish relative priorities of Council and the National Academy of Public National Aeronautics and Space Administration the upgrades within each of the following cat- Administration to jointly conduct a study of the shall conduct an independent life-cycle cost egories: status of life and microgravity research as it re- analysis of such project and shall report the re- (1) Upgrades that are safety related. lates to the International Space Station. The sults to Congress. In developing cost accounting (2) Upgrades that may have functional or study shall include— technological applicability to reusable launch (1) an assessment of the United States sci- and reporting standards for carrying out this vehicles. entific community’s readiness to use the Inter- section, the Chief Financial Officer shall, to the (3) Upgrades that have a payback period national Space Station for life and microgravity extent practicable and consistent with other within the next 12 years. research; laws, solicit the advice of expertise outside of (c) COMPLETION DATE.—The results of the (2) an assessment of the current and projected the National Aeronautics and Space Adminis- study described in subsection (a) shall be trans- factors limiting the United States scientific com- tration. mitted to the Congress not later than 180 days munity’s ability to maximize the research poten- (b) DEFINITION.—For purposes of this section, after the date of the enactment of this Act. tial of the International Space Station, includ- the term ‘‘Phase B’’ means the latter stages of ing, but not limited to, the past and present project formulation, during which the final defi- SEC. 308. AERO-SPACE TRANSPORTATION TECH- availability of resources in the life and micro- nition of a project is carried out and before NOLOGY INTEGRATION. gravity research accounts within the Office of project implementation (which includes the De- (a) INTEGRATION PLAN.—The Administrator Human Spaceflight and the Office of Life and sign, Development, and Operations Phases) be- shall develop a plan for the integration of re- Microgravity Sciences and Applications and the gins. search, development, and experimental dem- past, present, and projected access to space of SEC. 302. NATIONAL AERONAUTICS AND SPACE onstration activities in the aeronautics trans- the scientific community; and ACT OF 1958 AMENDMENTS. portation technology and space transportation (3) recommendations for improving the United (a) DECLARATION OF POLICY AND PURPOSE.— technology areas where appropriate. The plan States scientific community’s ability to maximize Section 102 of the National Aeronautics and shall ensure that integration is accomplished the research potential of the International Space Act of 1958 (42 U.S.C. 2451) is amended— without losing unique capabilities which sup- Space Station, including an assessment of the (1) by striking subsection (f) and redesig- port the National Aeronautics and Space Ad- relative costs and benefits of— nating subsections (g) and (h) as subsections (f) ministration’s defined missions. The plan shall (A) dedicating an annual mission of the Space and (g), respectively; and also include appropriate strategies for using aer- Shuttle to life and microgravity research during (2) in subsection (g), as so redesignated by onautics centers in integration efforts. assembly of the International Space Station; paragraph (1) of this subsection, by striking (b) REPORTS TO CONGRESS.—Not later than 90 and ‘‘(f), and (g)’’ and inserting in lieu thereof ‘‘and days after the date of the enactment of this Act, (B) maintaining the schedule for assembly in (f)’’. the Administrator shall transmit to the Congress place at the time of the enactment. (b) REPORTS TO THE CONGRESS.—Section a report containing the plan developed under (b) REPORT.—Not later than 1 year after the 206(a) of the National Aeronautics and Space subsection (a). The Administrator shall transmit date of the enactment of this Act, the Adminis- Act of 1958 (42 U.S.C. 2476(a)) is amended— to the Congress annually thereafter for 5 years trator shall transmit to the Committee on (1) by striking ‘‘January’’ and inserting in a report on progress in achieving such plan, to Science of the House of Representatives and the lieu thereof ‘‘May’’; and be transmitted with the annual budget request. Committee on Commerce, Science, and Transpor- (2) by striking ‘‘calendar’’ and inserting in SEC. 309. DEFINITIONS OF COMMERCIAL SPACE tation of the Senate a report on the results of lieu thereof ‘‘fiscal’’. POLICY TERMS. the study conducted under this section. SEC. 303. COMMERCIAL SPACE GOODS AND SERV- It is the sense of the Congress that the Admin- SEC. 204. SPACE STATION COMMERCIAL DEVEL- ICES. istrator should ensure, to the extent practicable, OPMENT DEMONSTRATION PRO- It is the sense of Congress that the National that the usage of terminology in National Aero- GRAM. Aeronautics and Space Administration shall nautics and Space Administration policies and Section 434 of the Departments of Veterans purchase commercially available space goods programs with respect to space activities is con- Affairs and Housing and Urban Development, and services to the fullest extent feasible and sistent with the following definitions: and Independent Agencies Appropriations Act, shall not conduct activities with commercial ap- (1) The term ‘‘commercialization’’ means ac- 2000 is amended by striking ‘‘2004,’’ each place plications that preclude or deter commercial tions or policies which promote or facilitate the it appears and inserting ‘‘2002,’’. space activities except for reasons of national private creation or expansion of commercial SEC. 205. SPACE STATION RESEARCH UTILIZA- security or public safety. A space good or service markets for privately developed and privately TION AND COMMERCIALIZATION shall be deemed commercially available if it is provided space goods and services, including MANAGEMENT. offered by a commercial provider, or if it could privatized space activities. (a) RESEARCH UTILIZATION AND COMMER- be supplied by a commercial provider in re- (2) The term ‘‘commercial purchase’’ means a CIALIZATION MANAGEMENT ACTIVITIES.—The Ad- sponse to a Government procurement request. purchase by the Federal Government of space ministrator of the National Aeronautics and For purposes of this section, a purchase is fea- goods and services at a market price from a pri- Space Administration shall enter into an agree- sible if it meets mission requirements in a cost- vate entity which has invested private resources ment with a non-government organization to effective manner. to meet commercial requirements.

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 6333 E:\CR\FM\A12SE7.014 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7409

(3) The term ‘‘commercial use of Federal as- (b) NOTICE OF REORGANIZATION.—The Admin- Space Administration initiatives with initiatives sets’’ means the use of Federal assets by a pri- istrator shall provide notice to the Committees of other entities described in paragraph (2). vate entity to deliver services to commercial cus- on Science and Appropriations of the House of (c) REPORT TO CONGRESS.—Not later than 20 tomers, with or without putting private capital Representatives, and the Committees on Com- months after the date of the enactment of this at risk. merce, Science, and Transportation and Appro- Act, the Administrator shall transmit to the (4) The term ‘‘contract consolidation’’ means priations of the Senate, not later than 30 days Congress a report on the results of the review the combining of two or more Government serv- before any major reorganization of any pro- carried out under this section. ice contracts for related space activities into one gram, project, or activity of the National Aero- SEC. 315. CARBON CYCLE REMOTE SENSING AP- larger Government service contract. nautics and Space Administration. PLICATIONS RESEARCH. (5) The term ‘‘privatization’’ means the proc- SEC. 312. UNITARY WIND TUNNEL PLAN ACT OF (a) CARBON CYCLE REMOTE SENSING APPLICA- ess of transferring— 1949 AMENDMENTS. TIONS RESEARCH PROGRAM.— (A) control and ownership of Federal space- The Unitary Wind Tunnel Plan Act of 1949 is (1) IN GENERAL.—The Administrator shall de- related assets, along with the responsibility for amended— velop a carbon cycle remote sensing applications operating, maintaining, and upgrading those (1) in section 101 (50 U.S.C. 511) by striking research program— assets, to the private sector; or ‘‘transsonic and supersonic’’ and inserting (A) to provide a comprehensive view of vegeta- (B) control and responsibility for space-re- ‘‘transsonic, supersonic, and hypersonic’’; and tion conditions; lated functions from the Federal Government to (2) in section 103 (50 U.S.C. 513)— (B) to assess and model agricultural carbon the private sector. (A) by striking ‘‘laboratories’’ in subsection sequestration; and SEC. 310. EXTERNAL TANK OPPORTUNITIES (a) and inserting ‘‘laboratories and centers’’; (C) to encourage the development of commer- STUDY. (B) by striking ‘‘supersonic’’ in subsection (a) cial products, as appropriate. (a) APPLICATIONS.—The Administrator shall and inserting ‘‘transsonic, supersonic, and (2) USE OF CENTERS.—The Administrator of enter into appropriate arrangements for an hypersonic’’; and the National Aeronautics and Space Adminis- independent study to identify, and evaluate the (C) by striking ‘‘laboratory’’ in subsection (c) tration shall use regional earth science applica- potential benefits and costs of, the broadest pos- and inserting ‘‘facility’’. tion centers to conduct applications research sible range of commercial and scientific applica- SEC. 313. INNOVATIVE TECHNOLOGIES FOR under this section. tions which are enabled by the launch of Space HUMAN SPACE FLIGHT. (3) RESEARCHED AREAS.—The areas that shall Shuttle external tanks into Earth orbit and re- (a) ESTABLISHMENT OF PROGRAM.—In order to be the subjects of research conducted under this tention in space, including— promote a ‘‘faster, cheaper, better’’ approach to section include— (1) the use of privately owned external tanks the human exploration and development of (A) the mapping of carbon-sequestering land as a venue for commercial advertising on the space, the Administrator shall establish a use and land cover; ground, during ascent, and in Earth orbit, ex- Human Space Flight Innovative Technologies (B) the monitoring of changes in land cover cept that such study shall not consider adver- program of ground-based and space-based re- and management; tising that while in orbit is observable from the search and development in innovative tech- (C) new approaches for the remote sensing of ground with the unaided human eye; soil carbon; and (2) the use of external tanks to achieve sci- nologies. The program shall be part of the Tech- (D) region-scale carbon sequestration esti- entific or technology demonstration missions in nology and Commercialization program. mation. Earth orbit, on the Moon, or elsewhere in space; (b) AWARDS.—At least 75 percent of the (b) AUTHORIZATION OF APPROPRIATIONS.— and amount appropriated for Technology and Com- There is authorized to be appropriated to carry (3) the use of external tanks as low-cost infra- mercialization under section 101(b)(4) for any out this section $5,000,000 of funds authorized structure in Earth orbit or on the Moon, includ- fiscal year shall be awarded through broadly by section 102 for fiscal years 2001 through 2002. ing as an augmentation to the International distributed announcements of opportunity that Space Station. solicit proposals from educational institutions, SEC. 316. REMOTE SENSING FOR AGRICULTURAL A final report on the results of such study shall industry, nonprofit institutions, National Aero- AND RESOURCE MANAGEMENT. be delivered to the Congress not later than 90 nautics and Space Administration Centers, the (a) INFORMATION DEVELOPMENT.—The Admin- days after the date of the enactment of this Act. Jet Propulsion Laboratory, other Federal agen- istrator shall— Such report shall include recommendations as to cies, and other interested organizations, and (1) consult with the Secretary of Agriculture Government and industry-funded improvements that allow partnerships among any combination to determine data product types that are of use to the external tank which would maximize its of those entities, with evaluation, prioritization, to farmers which can be remotely sensed from cost-effectiveness for the scientific and commer- and recommendations made by external peer re- air or space; cial applications identified. view panels. (2) consider useful commercial data products (b) REQUIRED IMPROVEMENTS.—The Adminis- (c) PLAN.—The Administrator shall provide to related to agriculture as identified by the fo- trator shall conduct an internal agency study, the Committee on Science of the House of Rep- cused research program between the National based on the conclusions of the study required resentatives and to the Committee on Commerce, Aeronautics and Space Administration’s Stennis by subsection (a), of what— Science, and Transportation of the Senate, not Space Center and the Department of Agri- (1) improvements to the current Space Shuttle later than December 1, 2000, a plan to implement culture; and external tank; and the program established under subsection (a). (3) examine other data sources, including com- (2) other in-space transportation or infra- SEC. 314. LIFE IN THE UNIVERSE. mercial sources, LightSAR, RADARSAT I, and structure capability developments, (a) REVIEW.—The Administrator shall enter RADARSAT II, which can provide domestic and would be required for the safe and economical into appropriate arrangements with the Na- international agricultural information relating use of the Space Shuttle external tank for any tional Academy of Sciences for the conduct of a to crop conditions, fertilization and irrigation or all of the applications identified by the study review of— needs, pest infiltration, soil conditions, pro- required by subsection (a), a report on which (1) international efforts to determine the ex- jected food, feed, and fiber production, and shall be delivered to Congress not later than 45 tent of life in the universe; and other related subjects. days after receipt of the final report required by (2) enhancements that can be made to the Na- (b) PLAN.—After performing the activities de- subsection (a). tional Aeronautics and Space Administration’s scribed in subsection (a) the Administrator (c) CHANGES IN LAW OR POLICY.—Upon receipt efforts to determine the extent of life in the uni- shall, in consultation with the Secretary of Ag- of the final report required by subsection (a), verse. riculture, develop a plan to inform farmers and the Administrator shall solicit comment from in- (b) ELEMENTS.—The review required by sub- other prospective users about the use and avail- dustry on what, if any, changes in law or policy section (a) shall include— ability of remote sensing products that may as- would be required to achieve the applications (1) an assessment of the direction of the Na- sist with agricultural and forestry applications identified in that final report. Not later than 90 tional Aeronautics and Space Administration’s identified in subsection (a). The Administrator days after receipt of such final report, the Ad- astrobiology initiatives within the Origins pro- shall transmit such plan to the Congress not ministrator shall transmit to the Congress the gram; later than 180 days after the date of the enact- comments received along with the recommenda- (2) an assessment of the direction of other ini- ment of this Act. tions of the Administrator as to changes in law tiatives carried out by entities other than the (c) IMPLEMENTATION.—Not later than 90 days or policy that may be required for those pur- National Aeronautics and Space Administration after the plan has been transmitted under sub- poses. to determine the extent of life in the universe, section (b), the Administrator shall implement SEC. 311. NOTICE. including other Federal agencies, foreign space the plan. (a) NOTICE OF REPROGRAMMING.—If any agencies, and private groups such as the Search SEC. 317. 100TH ANNIVERSARY OF FLIGHT EDU- funds authorized by this Act are subject to a re- for Extraterrestrial Intelligence Institute; CATIONAL INITIATIVE. programming action that requires notice to be (3) recommendations about scientific and tech- (a) EDUCATIONAL INITIATIVE.—In recognition provided to the Appropriations Committees of nological enhancements that could be made to of the 100th anniversary of the first powered the House of Representatives and the Senate, the National Aeronautics and Space Adminis- flight, the Administrator, in coordination with notice of such action shall concurrently be pro- tration’s astrobiology initiatives to effectively the Secretary of Education, shall develop and vided to the Committee on Science of the House utilize the initiatives of the scientific and tech- provide for the distribution, for use in the 2001– of Representatives and the Committee on Com- nical communities; and 2002 academic year and thereafter, of age-ap- merce, Science, and Transportation of the Sen- (4) recommendations for possible coordination propriate educational materials, for use at the ate. or integration of National Aeronautics and kindergarten, elementary, and secondary levels,

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 6333 E:\CR\FM\A12SE7.017 pfrm02 PsN: H12PT1 H7410 CONGRESSIONAL RECORD — HOUSE September 12, 2000 on the history of flight, the contribution of recognized by a human being on the surface of trator under paragraph (1) shall include at least flight to global development in the 20th century, the Earth without the aid of a telescope or other the following items: the practical benefits of aeronautics and space technological device.’’. (A) Research goals and objectives. flight to society, the scientific and mathematical (b) PROHIBITION.—Chapter 701 of title 49, (B) Funding levels for each of the 5 fiscal principles used in flight, and any other related United States Code, is amended by inserting years. topics the Administrator considers appropriate. after section 70109 the following new section: (C) Anticipated extent and nature of involve- The Administrator shall integrate into the edu- ‘‘§ 70109a. Space advertising ment in the research program by agencies, orga- cational materials plans for the development nizations, and companies, both domestic and ‘‘(a) LICENSING.—Notwithstanding the provi- foreign, other than the National Aeronautics and flight of the Mars plane. sions of this chapter or any other provision of (b) REPORT TO CONGRESS.—Not later than De- and Space Administration. law, the Secretary may not, for the launch of a cember 1, 2000, the Administrator shall transmit (D) Anticipated resource requirements and lo- payload containing any material to be used for a report to the Congress on activities under- cations of aircraft icing tunnel research and the purposes of obtrusive space advertising— taken pursuant to this section. flight research for each of the 5 fiscal years. ‘‘(1) issue or transfer a license under this SEC. 318. INTERNET AVAILABILITY OF INFORMA- chapter; or SEC. 324. INSURANCE, INDEMNIFICATION, AND TION. CROSS-WAIVERS. ‘‘(2) waive the license requirements of this Upon the conclusion of the research under a (a) TECHNICAL AMENDMENT.—Title III of the chapter. research grant or award of $50,000 or more made National Aeronautics and Space Act of 1958 is ‘‘(b) LAUNCHING.—No holder of a license with funds authorized by this Act, the Adminis- amended— under this chapter may launch a payload con- trator shall make available through the Internet (1) by redesignating sections 309 through 311 taining any material to be used for purposes of home page of the National Aeronautics and as sections 310 through 312, respectively; and obtrusive space advertising. Space Administration a brief summary of the re- (2) by inserting ‘‘SEC. 309.’’ before ‘‘(a) IN ‘‘(c) COMMERCIAL SPACE ADVERTISING.—Noth- GENERAL.—’’ in the undesignated section added sults and importance of such research grant or ing in this section shall apply to nonobtrusive by section 435 of the Departments of Veterans award. Nothing in this section shall be con- commercial space advertising, including adver- Affairs and Housing and Urban Development, strued to require or permit the release of any in- tising on— and Independent Agencies Appropriations Act, formation prohibited by law or regulation from ‘‘(1) commercial space transportation vehicles; 2000. being released to the public. ‘‘(2) space infrastructure payloads; (b) AMENDMENTS.—Section 309 of the National SEC. 319. SENSE OF THE CONGRESS; REQUIRE- ‘‘(3) space launch facilities; and Aeronautics and Space Act of 1958 (as so des- MENT REGARDING NOTICE. ‘‘(4) launch support facilities.’’. ignated by subsection (a)(2) of this section) is (a) PURCHASE OF AMERICAN-MADE EQUIPMENT (c) NEGOTIATION WITH FOREIGN LAUNCHING amended— AND PRODUCTS.—In the case of any equipment NATIONS.—(1) The President is requested to ne- (1) in subsection (c)(1), by striking ‘‘depart- or products that may be authorized to be pur- gotiate with foreign launching nations for the ments, agencies, and related entities’’ and in- chased with financial assistance provided under purpose of reaching 1 or more agreements that serting ‘‘departments, agencies, and instrumen- this Act, it is the sense of the Congress that en- prohibit the use of outer space for obtrusive talities’’; tities receiving such assistance should, in ex- space advertising purposes. (2) in subsection (c)(2), by adding at the end pending the assistance, purchase only Amer- (2) It is the sense of Congress that the Presi- the following new subparagraph: ican-made equipment and products. dent should take such action as is appropriate ‘‘(D) WILLFUL MISCONDUCT.—A reciprocal (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In and feasible to enforce the terms of any agree- waiver under paragraph (1) may not relieve the providing financial assistance under this Act, ment to prohibit the use of outer space for ob- United States, the developer, the cooperating the Administrator shall provide to each recipient trusive space advertising purposes. party, or the related entities of the developer or of the assistance a notice describing the state- (3) As used in this subsection, the term ‘‘for- cooperating party, of liability for damage or loss ment made in subsection (a) by the Congress. eign launching nation’’ means a nation— resulting from willful misconduct.’’; and SEC. 320. ANTI-DRUG MESSAGE ON INTERNET (A) that launches, or procures the launching (3) by adding at the end the following new SITES. of, a payload into outer space; or subsection: Not later than 90 days after the date of the (B) from the territory or facility of which a ‘‘(f) TERMINATION.— enactment of this Act, the Administrator, in payload is launched into outer space. ‘‘(1) IN GENERAL.—The provisions of this sec- consultation with the Director of the Office of (d) CLERICAL AMENDMENT.—The table of sec- tion shall terminate on December 31, 2002, except National Drug Control Policy, shall place anti- tions for chapter 701 is amended by inserting that the Administrator may extend the termi- drug messages on Internet sites controlled by the after the item relating to section 70109 the fol- nation date to a date not later than September National Aeronautics and Space Administra- lowing: tion. 30, 2005, if the Administrator determines that ‘‘70109a. Space advertising.’’. SEC. 321. ENHANCEMENT OF SCIENCE AND MATH- such extension is in the interests of the United EMATICS PROGRAMS. SEC. 323. AERONAUTICAL RESEARCH. States. (a) DEFINITIONS.—In this section: (a) FLIGHT RESEARCH STUDY.— ‘‘(2) EFFECT OF TERMINATION ON AGREE- (1) EDUCATIONALLY USEFUL FEDERAL EQUIP- (1) IN GENERAL.—Within 6 months after the MENT.—The termination of this section shall not MENT.—The term ‘‘educationally useful Federal date of the enactment of this Act, the Adminis- terminate or otherwise affect any cross-waiver equipment’’ means computers and related pe- trator shall provide to the Committee on Com- agreement, insurance agreement, indemnifica- ripheral tools and research equipment that is merce, Science, and Transportation of the Sen- tion agreement, or other agreement entered into appropriate for use in schools. ate and the Committee on Science of the House under this section, except as may be provided in (2) SCHOOL.—The term ‘‘school’’ means a pub- of Representatives the results of an engineering that agreement.’’. lic or private educational institution that serves study of the modifications necessary for the SEC. 325. USE OF ABANDONED, UNDERUTILIZED, any of the grades of kindergarten through grade more effective use of the WB–57 flight research AND EXCESS BUILDINGS, GROUNDS, 12. plan. AND FACILITIES. (b) SENSE OF CONGRESS.— (2) CONTENTS OF STUDY.—The engineering (a) IN GENERAL.—In any case in which the (1) IN GENERAL.—It is the sense of Congress study provided by the Administrator under Administrator considers the purchase, lease, or that the Administrator should, to the greatest paragraph (1) shall address at least the fol- expansion of a facility to meet requirements of extent practicable and in a manner consistent lowing issues: the National Aeronautics and Space Adminis- with applicable Federal law (including Execu- (A) Replacement of autopilot. tration, the Administrator shall consider wheth- tive Order No. 12999), donate educationally use- (B) Replacement of landing gear or improved er those requirements could be met by the use of ful Federal equipment to schools in order to en- brake system. one of the following: hance the science and mathematics programs of (C) Upgrade of avionics. (1) Abandoned or underutilized buildings, those schools. (D) Upgrade of engines for higher flight re- grounds, and facilities in depressed communities (2) REPORTS.—Not later than 1 year after the gimes. that can be converted to National Aeronautics date of enactment of this Act, and annually (E) Installation of winglets on aircraft wings. and Space Administration usage at a reasonable thereafter, the Administrator shall prepare and (F) Research benefits to be derived from modi- cost, as determined by the Administrator. submit to Congress a report describing any do- fications of plane. (2) Any military installation that is closed or nations of educationally useful Federal equip- (G) Associated costs of each of the modifica- being closed, or any facility at such an installa- ment to schools made during the period covered tions. tion. by the report. (b) AIRCRAFT ICING RESEARCH PLAN.— (3) Any other facility or part of a facility that SEC. 322. SPACE ADVERTISING. (1) IN GENERAL.—Within 90 days after the date the Administrator determines to be— (a) DEFINITION.—Section 70102 of title 49, of the enactment of this Act, the Administrator (A) owned or leased by the United States for United States Code, is amended— shall submit a plan to the Committee on Com- the use of another agency of the Federal Gov- (1) by redesignating paragraphs (8) through merce, Science, and Transportation of the Sen- ernment; and (16) as paragraphs (9) through (17), respectively; ate and the Committee on Science of the House (B) considered by the head of the agency and of Representatives for aircraft icing research to involved— (2) by inserting after paragraph (7) the fol- be conducted over the 5-year period commencing (i) to be excess to the needs of that agency; or lowing: on October 1, 2000. (ii) to be underutilized by that agency. ‘‘(8) ‘obtrusive space advertising’ means ad- (2) CONTENTS OF THE PLAN.—The aircraft (b) DEFINITION.—For the purposes of this sec- vertising in outer space that is capable of being icing research plan submitted by the Adminis- tion, the term ‘‘depressed communities’’ means

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 6333 E:\CR\FM\A12SE7.021 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7411 rural and urban communities that are relatively The Senate-passed authorization bill ex- for FY 2001 and FY 2002 for clinical trials of depressed, in terms of age of housing, extent of cluded $200 million in funding in the Space islet transplantation technology for Type I poverty, growth of per capita income, extent of Station funding account for the Propulsion diabetes patients developed as a result of unemployment, job lag, or surplus labor. Module due to lack of specific plans. Con- past space flight activities. Finally, con- And the Senate agree to the same. ferees continue to be concerned given the re- ferees adopted House language signaling that F. JAMES SENSENBRENNER, cent significant cost increase of at least $150 $70,000,000 of funds authorized for FY 2001 and Jr., million and schedule slippages of 18 months $80,800,000 of funds authorized for FY 2002 DANA ROHRABACHER, for the module. These cost increases and may be used for research associated with the DAVE WELDON, delays are even more alarming given the ISS. These amounts signify continuing Con- RALPH M. HALL, project is still in its early developmental gressional commitment to restoring past BART GORDON, stages. The conferees are also concerned cuts to the Life and Microgravity research Managers on the Part of the House. about the lack of specific future plans for the budget and a desire to improve the role of Propulsion Module at this point. the Life and Microgravity research commu- JOHN MCCAIN, The President requested $5,387,600,000 for nity in planning Space Station research ac- TED STEVENS, Human Spaceflight in FY 2002. Conferees tivities. BILL FRIST, agreed to authorize $5,387,600,000 for Human For Earth Science, the President requested FRITZ HOLLINGS, Spaceflight in FY 2002. The conferees pro- $1,405,800,000 in FY 2001 and $1,332,500,000 in JOHN BREAUX, vided funding for International Space Sta- FY 2002. The House authorized $1,413,300,000 Managers on the Part of the Senate. tion, the Space Shuttle, Payload/ELV Sup- and the Senate authorized $1,502,873,000 for JOINT EXPLANATORY STATEMENT OF port and Investments and Support at the Earth Science in FY 2001. The House author- THE COMMITTEE OF CONFERENCE level of the President’s request. Concerned ized $1,365,300,000 and the Senate authorized The managers on the part of the House and about past Administration cuts to the Inter- $1,547,959,000 for Earth Science in FY 2002. the Senate at the conference on the dis- national Space Station research activities, Conferees agreed to authorize $1,430,800,000 agreeing votes of the two Houses on the the conferees adopted a House provision set- and $1,357,500,000 for earth science in FY 2001 amendment of the Senate to the bill (H.R. ting aside $451,600,000 of the amount author- and FY 2002 respectively. The House-passed 1654), to authorize appropriations for the Na- ized for Space Station research and assigning bill terminated the Triana spacecraft. The tional Aeronautics and Space Administra- the Office of Life and Microgravity Sciences Senate did not eliminate the program; the tion for fiscal years 2000, 2001, and 2002, and and Applications responsibility for admin- House receded to the Senate. for other purposes, submit the following istering those funds. The conferees also In Aerospace Technology, the President re- joint statement to the House and the Senate agreed to authorize $20,000,000 for Tech- quested $1,193,000,000 in FY 2001 and in explanation of the effect of the action nology and Commercialization in FY 2001 $1,548,900,000 in FY 2002. Conferees agreed to agreed upon by the managers and rec- and FY 2002. authorize $1,224,000,000 in FY 2001, $31,000,000 ommended in the accompanying conference Science, Aeronautics, and Technology. The more than the President requested, and report: President requested $2,398,800,000 for space $1,574,900,000 in FY 2002, $26,000,000 more than The Senate amendment struck all of the science in FY 2001. Conferees agreed to au- the President requested. In aeronautics, the House bill after the enacting clause and in- thorize $2,417,800,000 for Space Science in FY conferees are concerned about the con- serted a substitute text. 2001, $19,000,000 more than the President re- tinuing decline in funding for aeronautics re- The House recedes from its disagreement quested and $225,015,000 more than the FY search over the last several years and agreed to the amendment of the Senate with an 2000 appropriated level. The President re- to authorize funding of $36,000,000 in FY 2001 amendment that is a substitute for the quested $2,606,400,000 for space science in FY and FY 2002 for NASA’s Quiet Aircraft Tech- House bill and the Senate amendment. The 2002. Conferees agreed to authorize nology programs, $70,000,000 in FY 2001 and differences between the House bill, the Sen- $2,630,400,000 in FY 2002, $24,000,000 more than FY 2002 for its Aviation Safety programs, ate amendment, and the substitute agreed to the Presidential request. Conferees also and $50,000,000 in FY 2001 and FY 2002 for its in conference are noted below, except for agreed to: House language stating that of the ultra-efficient engine technology program. clerical corrections, conforming changes total authorized for Space Science $10,500,000 The conferees reaffirm Congress’ commit- made necessary by agreements reached by shall be for the Near Earth Object Survey in ment to a strong NASA aeronautical R&D the conferees, and minor drafting and cler- FY 2001 and FY 2002; $523,601,000 shall be for program, and believe that it will be nec- ical changes. the Research Program in FY 2001 and essary to make appropriate investments in The House and Senate authorization bills $566,700,000 shall be for the Research Pro- the modernization of NASA’a aeronautical were passed in 1999 and based on the fiscal gram in FY 2002; $12,000,000 shall be for Space research facilities to keep pace with the full year (FY) 2000 budget request. Both bills au- Solar Power technology in FY 2001 and FY range of current and emerging aeronautical thorized funding for FY 2000 through FY 2002 2002; and $5,000,000 shall be for Space Science R&D challenges. Conferees provided full based on the budget runouts provided with Data Buys in FY 2002. Despite the loss of funding for the Space Launch Initiative, sin- the President’s FY 2000 request for NASA both Mars 1998 missions, the conferees re- gling out the Second Generation RLV Pro- funding. However, conference discussions main committed to exploring Mars and sup- gram for funding. Moreover, the conferees were still underway when the President un- port the President’s decision to increase the endorse the general approach and plan to veiled his FY 2001 budget request. The FY Mars program’s baseline funding by preserve competition among technological 2001 budget request differed significantly $347,400,000 over the period FY 2001 through concepts within the SLI as laid out by NASA from that projected in FY 2000. The FY 2001 FY 2005 in his FY 2001 budget request. More- in briefings and presentations to the respec- budget contained significant increases in over, the conferees continue to endorse tive authorizing committees. The investiga- Space Science and Aerospace Technology NASA’s faster, better, cheaper concept and tion of multiple technological concepts could and minor reductions in Human Spaceflight believe that a greater number of small mis- include examination of such concepts as and Earth Science, reflecting that the Inter- sions will do more to advance certain sci- Two-Stage-to-Orbit, Single-Stage-to-Orbit, national Space Station (ISS) and the first entific goals than large missions launched Vertical-Takeoff-Vertical-Landing (for phase of the EOS program had passed the just once every decade. Nevertheless, better which potential military applications are en- peak of their development costs. Con- definition of the concept is needed for proper visioned by some observers), and air- sequently, the conferees adjusted the con- and effective implementation. launched systems, among others. The con- ference text to reflect the new information The President requested $302,400,000 for ferees further note that NASA’s plan for ‘‘Al- contained in the FY 2001 request. Life and Microgravity Science in FY 2001 and ternative Access’’ to the International Space $300,300,000 for FY 2002. The conferees are Station is contained within the Space TITLE I. AUTHORIZATION OF APPROPRIATIONS concerned that past cuts to Life and Micro- Launch Initiative budget profile and com- (Subtitle A) gravity research are impeding scientific mend NASA for seeking means of reducing Human Spaceflight. The President requested progress and undermining the future readi- our dependence on the Space Shuttle and $5,499,900,000 for Human Spaceflight in FY ness of the scientific community to fully uti- Russian Soyuz and Progress vehicles for ac- 2001. Conferees agreed to $5,499,900,000 for lize the ISS. The conferees agreed to author- cess to ISS. The conferees believe it will be Human Spaceflight in FY 2001. The conferees ize $335,200,000 and $344,000,000 for Life and necessary to make appropriate investments provided funding for International Space Microgravity research in FY 2001 and FY in the modernization of NASA’s rocket en- Station, the Space Shuttle, Payload/ELV 2002, respectively. Together, these represent gine testing facilities to keep pace with the Support and Investments and Support at the an increase of $76,500,000, nearly 13% over the development of the Second Generation RLV level of the President’s request. Concerned President’s request for both years. Given program, particularly given NASA’s plan to about past Administration cuts to the Inter- NASA’s development of non-invasive diag- develop some air-breathing engine tech- national Space Station research activities, nostic capabilities in the life sciences, con- nologies. the conferees adopted a House provision set- ferees adopted House language setting aside The President requested $100,000,000 for ting aside $455,400,000 of the amount author- $2,000,000 of the amount authorized for FY Academic Programs in FY 2001 and FY 2002, ized for Space Station research and assigning 2001 and FY 2002 for research and early detec- a $41,300,000 reduction from the FY 2000 fund- the Office of Life and Microgravity Sciences tion systems for breast and ovarian cancer. ing appropriated by Congress. The House and Applications responsibility for admin- Conferees also adopted Senate language set- passed bill provided $128,600,000 in FY 2001 istering those funds. ting aside $2,000,000 of the amount authorized and $130,600,000 in FY 2002. The Senate bill

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.023 pfrm02 PsN: H12PT1 H7412 CONGRESSIONAL RECORD — HOUSE September 12, 2000 provided $133,900,000 and $137,917,000 in FY mented the funding for Earth Science by an Section 201. International Space Station contin- 2001 and FY 2002 respectively. Conferees rec- equivalent amount in both FY 2001 and FY gency plan ommended authorizing $141,300,000 for FY 2002. The conferees expect the Administrator Section 201 seeks to address concerns over 2001 and $141,300,000 for FY 2002. Within those to report to the Congress by April 1, 2001 on the International Space Station created by authorizations, $11,800,000 in FY 2001 shall be NASA’s long-term plan to promote scientific Russia’s difficulties in meeting its commit- for Teacher/Faculty Preparation and En- applications of U.S. commercial remote sens- ments to the International Space Station hancement Programs and $11,800,000 in FY ing capabilities through the purchase of (ISS) partnership. The section requires a bi- 2001 shall be for the Experimental Program data, development of applications, and col- monthly status report on Russia’s progress to Stimulate Competitive Research. Con- laboration with industry, research univer- in meeting its obligations and a notification ferees authorized both programs at the level sities, and other government agencies. requirement in the event of a decision to re- of $12,500,000 in FY 2002. The conferees also Section 126 was modified during House con- place any Russian elements in the critical agreed that $28,000,000 of the funds author- sideration of H.R. 1654. The amendment, pat- path of the International Space Station or ized shall be for Space Grant Colleges in both terned after language adopted in the FY 2000 Russian launch services. FY 2001 and FY 2002. Finally, the Conferees defense authorization bill, is intended to en- Conferees also adopted language directing agreed that $54,000,000 in both FY 2001 and sure that cooperative agreements between the United States government to seek assur- FY 2002 shall be for minority university re- NASA and the People’s Republic of China ances from the Russian government that the search and education, including $35,900,000 will not benefit, directly or indirectly, the latter places a higher priority on ISS than for Historically Black Colleges and Univer- People’s Republic of China in its efforts to on its aging Mir space station and that ISS- sities. develop new space launch and ballistic mis- dedicated resources will not be used to ex- Mission Support, NASA Inspector General, & sile capabilities. Subparagraph (a)(3) re- tend further Mir’s orbital life. The conferees Total Authorization. In Mission Support, the quires the NASA Inspector General to review are especially concerned that earlier this NASA’s compliance with existing export con- conferees recommended funding the Presi- year Russia diverted a Soyuz vehicle and two trol obligations in consultation with the ap- dent’s request of $2,584,000,000 in FY 2001 and Progress vehicles that were originally in- propriate agencies of the federal govern- $2,666,200,000 in FY 2002. Conferees also tended to support ISS to instead service the ment. For the purposes of this section, ‘‘ap- agreed to authorize $20,000,000 for the NASA Mir. Although the conferees applaud the suc- propriate agencies’’ refers generally to the Inspector General in FY 2000, $22,000,000 in cessful launching of the Russian Service U.S. national security, intelligence, export FY 2001 and $22,700,000 in FY 2002 as re- Module and note Russia’s assurances that control, and counter-intelligence/law en- quested by the President. the diverted vehicles will be replaced, they forcement communities, including the Cen- The conferees authorized $13,600,800,000 for want to stress the importance that Congress tral Intelligence Agency, the Defense Intel- NASA in FY 2000, reflecting the FY 2000 ap- attaches to the need for Russia to fulfill all propriations and including $5,487,900,000 for ligence Agency, and the Departments of State, Defense, Justice, and Commerce. The of its remaining commitments to the ISS. Human Spaceflight, $5,580,900,000 for Science, The Intergovernmental Agreement (IGA), Senate bill contained no such provision. Aeronautics and Technology, $2,512,000,000 voluntarily signed by each participating After adopting some clarifying language, the for Mission Support, and $20,000,000 for the country, delineates the roles and responsibil- NASA Inspector General. The total amount Senate receded to the House position. Section 127 was contained in the House bill ities of all ISS partners. The conferees main- of funding authorized for NASA is as introduced. The measure prohibits NASA tain that in the event that any International $14,184,400,000 in FY 2001, which is $149,100,000 from obligating funds to define, design, pro- Partner willfully violates any of its commit- more than the President requested. The total cure, or develop an inflatable space structure ments or agreements for the provision of amount authorized for FY 2002 is to replace any baseline ISS module. House agreed-upon Space Station hardware or re- $14,625,400,000, which is $160,000,000 more than conferees are particularly concerned about lated goods or services, the NASA Adminis- the President’s outyear budget projections. the potential for further perturbations to the trator should, in a manner consistent with The conferees have been concerned about baseline ISS design, which are likely to in- relevant international agreements, seek a the need to ensure that NASA’s personnel crease cost, technical risk, and schedule commensurate reduction in the utilization and facilities will be able to support a robust slips. Indeed, NASA was pursuing Transhab rights of that partner until such time as the and safe space and aeronautics program over as an inflatable replacement for the already- violated commitments or agreements have the next decade and beyond. In particular, built habitation module’s pressure vessel at been fulfilled. It is important to the con- the conferees note the high portion of NASA a time when early cost projections indicated ferees that the IGA remain equitable. personnel that are at, or near, the age for re- Transhab would cost several tens of millions Finally, the conferees adopted language di- tirement eligibility. In addition, the con- more to complete. The Senate bill contained recting the Administrator to seek, in a man- ferees note the importance of ensuring the no such provision. After some discussion, the ner consistent with relevant international continued safety of workers and property at conferees agreed to modify the language to agreements, to reduce NASA’s share of ISS NASA’s facilities. Therefore, the conferees enable NASA to lease a privately defined, de- common operating costs as a result of any expect the Administrator to report to Con- signed, and developed Transhab, provided additional capabilities added to the ISS gress by April 1, 2001 on NASA’s plans and that such a structure would not expose the through NASA’s Russian Program Assurance anticipated resource requirements for (1) en- U.S. government or the International Space activities. suring that critical technical and manage- Station to greater cost or schedule risks. It Section 202. Cost limitations for the Inter- rial skills are maintained throughout the should be noted that the leasing option still national Space Station space agency, including plans for hiring new precludes NASA from obligating funds for Conferees have adopted language that personnel as appropriate; and (2) plans for in- NASA to design, define (beyond the speci- would place a cost limitation on the Inter- vesting in the maintenance and upgrading of fication of requirements to be met by the national Space Station. The limitation facilities and equipment to ensure the safety commercially provided structure), or develop would establish a limit of $25 billion for the of both workers and property. an inflatable structure to replace any development of ISS and $17.7 billion for the Policy provisions (Subtitle B) baselined ISS module and that any lease use of the Space Shuttle for the assembly of The House bill contained Section 125, au- payments may not total more than the re- the Station until the point of substantial thorizing $50,000,000 in FY 2001 and FY 2002 maining cost of the habitation module. Con- completion. Substantial completion has been for Earth Science data purchases. The House ferees gave NASA until April 1, 2001 to assess defined as the point when development costs sought to create a mechanism by which sci- its options and report its recommendations comprise 5 percent or less of the total ISS entists could exploit for scientific purposes on Transhab to the Congress. Such a report costs for the fiscal year. Conferees feel that the hundreds of millions of dollars in private should include a cost-benefit analysis of the at this point in the program, the majority of investment in remote sensing capabilities. fiscal, programmatic, schedule, and tech- the activities are truly beyond the develop- Believing that a market is the most efficient nical risks of three options: (1) sticking with ment phase of the project. The charge way of allocating limited resources, the the baseline ISS design; (2) replacing the against the limitation of using the Shuttle House sought to create competition among baselined habitation module with a commer- shall not exceed $380 million per launch. If data providers to meet scientist’s needs, cially-developed and owned inflatable struc- the actual costs are less, verification and re- thereby creating pressures that would result ture; or (3) looking to inflatable structures porting requirements have been established. in falling prices and increased quality in the as potential enhancements to the ISS after The Administrator of NASA is required to long term. Moreover, by directly authorizing assembly complete. The April 1 report should provide written notice and analysis of any scientists to procure data, the House in- contain NASA’s recommendation on whether changes to the limitations set forth on the tended to place greater decision-making au- or not to pursue a Transhab option. Station and the Shuttle program. thority directly in the hands of principal in- TITLE II. INTERNATIONAL SPACE STATION Furthermore, an additional 20 percent ($5 vestigators studying the Earth system. The The Senate-passed bill contained a Title billion for ISS and $3.54 billion for the Shut- Senate bill contained no data purchase pro- regarding the ISS which included sections tle program) has been authorized to address gram, so the conferees agreed to split the dif- for dealing with Russian contingencies and a contingencies identified within the cost limi- ference by authorizing a $25 million program. total program funding cap. The House re- tation. Within the contingencies, the con- In order to fund that activity in a manner ceded to the Senate position. The Senate- ferees have given NASA additional flexi- that does not disrupt the ongoing Earth passed language was modified where appro- bility to address, through additional shuttle Science programs, the conferees have aug- priate and adopted. launches, urgent threats to crew safety or

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.025 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7413 the integrity of the ISS. It is expected that function when performing cost-effectiveness era or some other viewing mechanism once these contingencies would provide NASA the calculations. The measure will help discour- the vehicles or facilities are in orbit. necessary resources to address any urgent age the current practice of disguising a pro- The Senate-passed bill included two provi- situation on the Station. The conferees want gram’s true cost to the American taxpayer sions related to indemnification, insurance, to emphasize the importance they attach to by discounting the overhead and personnel and cross-waivers of liability. Senate Sec- the safety of the Space Shuttle and ISS pro- costs associated with the program or mission tion 203 provided for cross-waivers of liabil- grams. Annual reporting and review require- and enable NASA to make rational decisions ity for U.S. ISS contractors, and Senate Sec- ments have also been identified and are to be about out-sourcing certain activities. The tion 313 expanded the experimental aero- included as part of the budget request for conferees note that cost-effectiveness is not space vehicle indemnification regime to in- each fiscal year. the only appropriate measure or factor to be clude vehicles under development on or be- Section 203. Research on International Space considered when deciding whether to out- fore July 31, 1999. Subsequent to Senate pas- Station source certain activities. NASA’s need to sage of H.R. 1654, the Congress combined The conferees note with growing concern maintain a skilled workforce and its experi- these regimes under Section 431 of Public that the gaps between space-based life and ence with certain kinds of technologies often Law 106–74, which establishes broad author- microgravity research opportunities are will make it better-suited to perform a pro- ity for NASA to enter into cross-waivers of growing. Consequently, the scientific dis- gram or mission than a lower-cost con- liability as part of a cooperative agreement ciplines associated with this research risk tractor. In addition, the need to meet mis- and to indemnify the developers of experi- stagnating, creating the possibility that the sion requirements and to avoid the assump- mental aerospace vehicles for catastrophic scientific community will not be prepared to tion of unacceptable program risk also need losses. This regime is similar to the liability fully exploit the scientific potential of the to be weighed as part of the decision to out- regime established for operational commer- space stations. To address these concerns, source or not. Section 304 merely directs cial launch vehicles under Title 49. However, Congress has, for several years, provided NASA to perform cost-effectiveness calcula- the authority for operational vehicles peri- funding for a dedicated research flight tions in a certain way; it does not mandate odically expires. The conferees agreed to a aboard the Space Shuttle. As adopted in the that any decision be made based on that cal- provision (Section 324) which sunsets NASA’s House, H.R. 1654 contained language calling culation. broad authority on December 31, 2002. The Section 308 directs the Administrator to for a joint study by the National Research Administration is permitted to extend the develop a plan for the integration of NASA’s Council and the National Academy of Public termination date to September 30, 2005 if the aeronautics and space transportation re- Administration to review the readiness of Administrator determines that such an ex- search and development activities. NASA the U.S. scientific community to use the tension is in the national interest. has already administratively moved the two space station, identify obstacles, and make activities under one roof in reorganizing F. JAMES SENSENBRENNER, recommendations to ensure that the U.S. Code R. The conferees remain concerned that Jr., scientific community is able to fully exploit NASA’s aeronautics activities have suffered DANA ROHRABACHER, the space station. from a lack of strategic direction and ade- DAVE WELDON, Section 205. Space Station Research utilization quate funding in recent years. They note, RALPH M. HALL, and commercialization management however, that NASA’s traditional aero- BART GORDON, The conferees further note that as the nautics research activities have much to Managers on the Part of the House. International Space Station approaches full offer its space transportation activities and JOHN MCCAIN, assembly, NASA must begin to focus on es- vice versa. NASA’s Hyper-X vehicle, for ex- TED STEVENS, tablishing an organization infrastructure ca- ample, has the potential to develop consider- BILL FRIST, pable of ensuring that the International able information on high-speed flight FRITZ HOLLINGS, Space Station is fully and effectively uti- through the atmosphere, while NASA’s ad- JOHN BREAUX, lized for scientific and engineering research. vanced cockpit development activities will Managers on the Part of the Senate. have applications in the development of The conferees commend NASA for initiating f a review of management structures by the crewed space launch vehicles. It is hoped National Research Council’s Space Studies that the technology integration plan will DECREASING REQUISITE BLOOD Board and Aeronautics and Space Engineer- lead NASA to determine the best means of QUANTUM REQUIRED FOR MEM- ing Board. The National Research Council fully exploiting the Space Launch Initiative BERSHIP IN THE YSLETA DEL funding wedge against those areas of re- recommended that ‘‘a consortium led by a SUR PUEBLO TRIBE research institution or group of institutions, search and development that will benefit governed by an independent board of direc- both aeronautics and space transportation. Mr. WALDEN of Oregon. Mr. Speak- tors, managed by a strong scientific director, Certainly, bringing the skills and knowledge er, I move to suspend the rules and and guided by an advisory process that is resident in NASA’s centers focused on aero- pass the bill (H.R. 1460) to amend the broadly representative of the research com- nautics (Glenn Research Center, Langley Re- Ysleta del Sur Pueblo and Alabama and munity’’ be charged with managing sci- search Center, and the Dryden Flight Re- search Center) to bear on space transpor- Coushatta Indian Tribes of Texas Res- entific activities aboard ISS. The conferees toration Act to decrease the requisite further note that NASA has had success with tation problems will benefit the Space utilizing non-government organizations for Launch Initiative. As important, NASA will blood quantum required for member- the operation of major scientific research be better positioned to bring the lessons ship in the Ysleta del Sur Pueblo tribe. programs, such as the Hubble Space Tele- learned from the SLI investment into its The Clerk read as follows: scope. Conferees are also concerned about aeronautics research programs. The con- H.R. 1460 ferees expect an integration plan to lay the commercialization opportunities aboard the Be it enacted by the Senate and House of Rep- Space Station. The non-government organi- groundwork for strengthening aeronautics research in the United States over the com- resentatives of the United States of America in zation should ensure that equitable opportu- Congress assembled, nities exist for industry to participate in ac- ing decade. The Senate bill contained a section prohib- SECTION 1. BLOOD QUANTUM REQUIRED FOR tivities. NASA should work with the Depart- iting obtrusive space advertising. The House TRIBAL MEMBERSHIP DECREASED. ment of Commerce’s Office of Space Com- bill contained no such provision and the Section 108(a)(2)(i) of the Ysleta del Sur mercialization to ensure that the selected House recedes to the Senate. In adopting this Pueblo and Alabama and Coushatta Indian non-government organization has adequate measure, which is section 322 in the con- Tribes of Texas Restoration Act (25 U.S.C. expertise in this area. The conferees there- 1 ference report, the conferees are seeking to 1300g–7) is amended by striking ‘‘ ⁄8’’ and in- fore direct NASA to enter into an agreement 1 preserve a view of the sky that humanity has serting ‘‘ ⁄16’’. with a non-government organization that enjoyed since the beginning of human exist- will manage the research utilization and The SPEAKER pro tempore. Pursu- ence. Moreover, this section will help pre- ant to the rule, the gentleman from Or- commercialization aspects of the Inter- vent new sources of interference with astron- egon (Mr. WALDEN) and the gentleman national Space Station. The non-government omy. The conferees note that obtrusive space organization should be selected competi- advertising is defined as ‘‘advertising in from American Samoa (Mr. tively. outer space that is capable of being recog- FALEOMAVAEGA) each will control 20 TITLE III. MISCELLANEOUS nized by a human being on the surface of the minutes. The House-passed bill contained language Earth without the aid of a telescope or other The Chair recognizes the gentleman that conferees adopted as Section 304, Cost technological device,’’ i.e., that which is rec- from Oregon (Mr. WALDEN). Effectiveness Calculations. The provision is ognizable to the human eye. The provision GENERAL LEAVE intended to improve the information avail- does not apply to commercial space adver- Mr. WALDEN of Oregon. Mr. Speak- able to policymakers by directing NASA to tising practices that are common today, compare the price a private company would such as the placement of logos on commer- er, I ask unanimous consent that all charge to provide a good or service with the cial space launch vehicles and payloads, Members may have 5 legislative days total cost (using full-cost accounting prin- since these symbols are not visible to a ter- within which to revise and extend their ciples) to NASA of performing the same restrial human eye without the aid of a cam- remarks on H.R. 1460.

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.027 pfrm02 PsN: H12PT1 H7414 CONGRESSIONAL RECORD — HOUSE September 12, 2000 The SPEAKER pro tempore. Is there (Mr. REYES asked and was given per- GUAM WAR RESTITUTION ACT objection to the request of the gen- mission to revise and extend his re- Mr. WALDEN of Oregon. Mr. Speak- tleman from Oregon? marks.) er, I move to suspend the rules and There was no objection. Mr. REYES. Mr. Speaker, I want to pass the bill (H.R. 755) to amend the Mr. WALDEN of Oregon. Mr. Speak- thank both gentlemen for helping with Organic Act of Guam to provide res- er, I yield myself such time as I may this very important bill for the Tiqua titution to the people of Guam who suf- consume. Tribe in El Paso. It is an issue of fair- fered atrocities such as personal in- Mr. Speaker, H.R. 1460 would amend ness. It is one that I would urge all my jury, forced labor, forced marches, in- the Ysleta del Sur Pueblo and the Ala- colleagues to support. It is vitally im- ternment, and death during the occu- bama and Coushatta Indian Tribes of portant to be able to sustain the tribe pation of Guam in World War II, and Texas Restoration Act to decrease the in the coming years. for other purposes, as amended. requisite blood quantum required for Mr. Speaker, I rise in strong support of H.R. The Clerk read as follows: the membership in the Ysleta del Sur 1460. As I walked over from my office a few H.R. 755 Pueblo tribe. minutes ago, I thought of a number of things Be it enacted by the Senate and House of Rep- The 1987 Act, which restored recogni- that I wanted to tell you about how important resentatives of the United States of America in tion to the Ysleta del Sur Pueblo tribe, this bill is to the members of the Tiqua tribe. Congress assembled, requires that this tribe’s members have I thought that I might tell you about the proud SECTION 1. SHORT TITLE. a blood quantum of at least one-eighth tradition and the remarkable history of the This Act may be cited as the ‘‘Guam War in order to qualify for tribal member- Claims Review Commission Act’’. Ysleta del Sur tribe that dates back to pre- SEC. 2. ESTABLISHMENT OF COMMISSION. ship. historic times. I thought that I might tell you H.R. 1460 would amend the Ysleta (a) ESTABLISHMENT.—There is hereby es- about a unique group of individuals that will be tablished a commission to be known as the Tribe’s blood quantum requirement reduced to a mere handful of members within ‘‘Guam War Claims Review Commission’’ from one-eighth to one-sixteenth at the a few generations if we fail to pass this bill, (hereinafter referred to as the ‘‘Commis- request of the tribe. There are cur- and I thought I might tell you about the dis- sion’’). rently 1,252 members of the Ysleta del appointment and sorrow that the parents and (b) MEMBERS.—The Commission shall be composed of 5 members who by virtue of Sur Pueblo Tribe. members of the tribe have when a child is This is an important bill to the their background and experience are particu- born, and because of the current blood quan- larly suited to contribute to the achieve- Ysleta Tribe and I ask Members for tum requirements, that child is excluded from ment of the purposes of the Commission. The their support. tribal membership. I thought about talking members shall be appointed by the Secretary Mr. Speaker, I reserve the balance of about all of these things to you but decided of the Interior not later than 60 days after my time. that I would instead talk about fairness, about funds are made available for this Act. Two of Mr. FALEOMAVAEGA. Mr. Speaker, doing what is right and doing what is honor- the members shall be selected as follows: (1) One member appointed from a list of I yield myself such time as I may con- able. sume. three names submitted by the Governor of This bill is not about money or power or pol- (Mr. FALEOMAVAEGA asked and Guam. itics. Its about the long-term existence of the was given permission to revise and ex- (2) One member appointed from a list of Ysleta del Sur Pueblo, commonly known as three names submitted by the Guam Dele- tend his remarks.) the Tiqua Indian Tribe. The current statute re- gate to the United States House of Rep- Mr. FALEOMAVAEGA. Mr. Speaker, quires that a person have a blood quantum of resentatives. I thank the gentleman from Oregon. I HAIRPERSON at least 1/8th in order to qualify for tribal mem- (c) C .—The Commission shall want to compliment the chief sup- select a Chairman from among its members. bership. This bill would reduce the blood porter of this legislation, the gen- The term of office shall be for the life of the quantum requirement to at least 1/16th. There tleman from Texas (Mr. REYES). Commission. are currently only 1,252 members with the (d) COMPENSATION.—Members of the Com- Mr. Speaker, H.R. 1460 is important requisite blood quantum of 1/8th or more. mission shall not be paid for their service as legislation in that it provides assist- When we pass this bill, another 500 members members, but in the performance of their du- ance to the Ysleta del Sur Pueblo Tribe will be included in the tribal membership. This ties, shall receive travel expenses, including in Texas. per diem in lieu of subsistence, in accordance increase in numbers under the lowered blood Mr. Speaker, I rise in support of H.R. 1460, with sections 5702 and 5703 of title 5, United quantum requirements would help to ensure which will reduce the blood quantum required States Code. that the offspring of tribal members who fall ACANCY for membership in the Ysleta del Sur Pueblo (e) V .—Any vacancy in the Commis- within those requirements would also qualify sion shall be filled in the same manner as the tribe from one-eight to one-sixteenth. for tribal membership. original appointment. Congress has long recognized that inherent SEC. 3. STAFF. in the power of any tribal government is the This is not rocket science. I don't have any charts and pictures to show you. All I have to The Commission may appoint and fix the power to set membership criteria and thereby pay of an executive director and other staff determine who its members are. Absent some offer is a profound sense of how important it as it may require. The executive director and gross abuse of this power, I see no reason to is for individuals born to this tribe to belong to other staff of the Commission may be ap- interfere in this important area. a family a culture and a people with a distinct pointed without regard to the provisions of With regard to the Ysleta del Sur Pueblo place and tradition in America. title 5, United States Code, governing ap- pointments in the competitive service, and tribe, as I understand it, the tribe has asked I urge you to support this bill and vote to re- duce the blood quantum requirement for the may be paid without regard to the provisions that the blood quantum requirement be set in of chapter 51 and subchapter II of chapter 53 public law. And while I personally am opposed Tiqua Indian tribe. of such title, relating to the classification to blood quantum requirements, and believe Mr. FALEOMAVAEGA. Mr. Speaker, and General Schedule pay rates, except that better criteria exist, this change is well within I have no further requests for time, and the compensation of any employees of the the tribe's authority, and I support their re- I yield back the balance of my time. Commission may not exceed a rate equiva- quest. Mr. WALDEN of Oregon. Mr. Speak- lent to the minimum rate of basic pay pay- er, I have no further requests for time, able for GS–15 of the General Schedule under It is my understanding that the tribe has section 5332(a) of such title. about 1,200 members. Presumably with tribal and I yield back the balance of my time. SEC. 4. ADMINISTRATIVE. members marrying non-tribal members, and The Secretary of the Interior shall provide the older tribal members passing away, the The SPEAKER pro tempore. The the Commission, on a reimbursable basis, tribal council believes it won't be long before question is on the motion offered by such administrative support services as the there won't be much of a tribe left. I am the gentleman from Oregon (Mr. WAL- Commission may request. pleased to see that the tribal council is ad- DEN) that the House suspend the rules SEC. 5. DUTIES OF COMMISSION. dressing this issue now rather than wait until and pass the bill, H.R. 1460. The Commission shall— there is a crisis, or run the risk of losing their The question was taken; and (two- (1) review the facts and circumstances sur- thirds having voted in favor thereof) rounding the implementation and adminis- identity as a tribe. tration of the Guam Meritorious Claims Act I support this bill and urge my colleagues to the rules were suspended and the bill and the effectiveness of such Act in address- vote aye. was passed. ing the war claims of American nationals re- Mr. Speaker, I yield 1 minute to the A motion to reconsider was laid on siding on Guam between December 8, 1941, gentleman from Texas (Mr. REYES). the table. and July 21, 1944;

VerDate 12-SEP-2000 06:09 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.075 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7415 (2) review all relevant Federal and Guam Guam for loss of life and property due tion. Claims in excess of $5,000 or for territorial laws, records of oral testimony to the war, post-war restitution acts by personal injury or death were to be for- previously taken, and documents in Guam Congress inadvertently excluded the warded to Congress for settlement. and the Archives of the Federal Government U.S. nationals of Guam. Several years later, there was a civil- regarding Federal payments of war claims in ian commission appointed by the Sec- Guam; H.R. 755 would create a temporary (3) receive oral testimony of persons who Federal commission lasting no more retary of the Navy, referred to as the personally experienced the taking and occu- than 10 months and costing no more Hopkins Commission, to study and pation of Guam by Japanese military forces, than half a million dollars. The com- make recommendations on the naval noting especially the effects of infliction of mission would estimate the amount ap- administration of Guam. The Commis- death, personal injury, forced labor, forced propriate to compensate the people of sion reported that the settlements and march, and internment; Guam for their deaths, permanent in- payments for war damage claims on (4) determine whether there was parity of jury, forward labor, forced marches, property, personal injury, and death war claims paid to the residents of Guam and internment during World War II. had proceeded slowly, and that imme- under the Guam Meritorious Claims Act diate steps should be taken to hasten with war claims paid to United States citi- The administration supports H.R. 755, zens or nationals who lived in or had hold- and I ask my colleagues to vote in sup- this process and to resolve unfair and ings in foreign countries and other posses- port of this very important piece of unsound distinctions in the allowance sions of the United States occupied by the legislation. for claims. Japanese during World War II; Mr. Speaker, I reserve the balance of It was clear at this time that the (5) estimate the total amount necessary to my time. Guam Meritorious Claims Act, as ac- compensate the people of Guam for death, Mr. UNDERWOOD. Mr. Speaker, I knowledged even in 1947, was falling personal injury, forced labor, forced march, yield myself such time as I may con- short of what the original intent was. and internment; and The Commission went on to report (6) not later than 9 months after the Com- sume. (Mr. UNDERWOOD asked and was that because claims exceeding $5,000 mission is established submit a report, in- needed to be forwarded to Congress, cluding any comments or recommendations given permission to revise and extend for action, to the Secretary of the Interior, his remarks.) locals were more inclined to reduce the Committee on Resources and the Com- Mr. UNDERWOOD. Mr. Speaker, their claim in order to receive finan- mittee on the Judiciary of the House of Rep- today is a momentous occasion for the cial help immediately. resentatives and the Committee on Energy people of Guam. With the passage of Their final recommendation was that and Natural Resources and the Committee this legislation, the Guam War Claims review in Washington of claims be- on the Judiciary of the Senate. Review Commission, the people of tween $5,000 and $10,000 did not seem to SEC. 6. POWERS OF THE COMMISSION. Guam will move one step closer to serve any useful purpose, and that suf- Subject to general policies that the Com- being healed from the brutalities of ficient reliance and trust should be mission may adopt, the Chairman of the placed with naval authorities in Guam Commission— enemy occupation during World War II. For nearly 3 years the people of to safeguard the national interests. (1) shall exercise the executive and admin- Congress failed to act on the Com- Guam were subjected to horrendous istrative powers of the Commission; and mission’s recommendation, and that is acts inflicted by an enemy occupier. (2) may delegate such powers to the staff of why we are here today. H.R. 755 estab- the Commission. Many were executed by firing squads or lishes a Federal Commission to review SEC. 7. TERMINATION OF COMMISSION. beheadings. The entire island was in the historical records of claims made The Commission shall terminate 30 days fact an internment camp, and families by the people of Guam in the wake of after submission of its report. whose lives were once consumed with World War II. The Commission will SEC. 8. AUTHORIZATION OF APPROPRIATIONS. farming and subsistence living were make its recommendation to Congress There is authorized to be appropriated now forced to labor to the needs of its as to how we can finally resolve the $500,000 to carry out this Act. occupiers. issue of war claims for Guam. The SPEAKER pro tempore. Pursu- But the will of the people of Guam For more than two decades, this ant to the rule, the gentleman from Or- was much stronger than the infliction issue has been aggressively pursued by egon (Mr. WALDEN) and the gentleman cast upon them by the Japanese. They the leaders of Guam. Locally, a Com- from Guam (Mr. UNDERWOOD) each will concealed the presence of U.S. military mission had been established to estab- control 20 minutes. men who remained on the island by lish a record of claims that merited The Chair recognizes the gentleman moving them from house to house. awards. from Oregon (Mr. WALDEN). They composed songs, such as ‘‘Uncle On the Federal level, each one of my GENERAL LEAVE Sam, please come back to Guam,’’ and predecessors has introduced legislation Mr. WALDEN of Oregon. Mr. Speak- made makeshift American flags from to address this issue. Their combind ef- er, I ask unanimous consent that all tattered rags as a reminder that Amer- forts have helped bring us to the point Members may have 5 legislative days ica would soon return. we are at today, the closest we have within which to revise and extend their Some even organized small militia been. I am hopeful that once the work remarks on H.R. 755, as amended. units, often only teenaged boys, to be- of the Commission is completed, we The SPEAKER pro tempore. Is there devil Japan soldiers, hoping to ease the can finally heal this very painful mem- objection to the request of the gen- matter for the return of U.S. military ory and bring justice to the World War tleman from Oregon? forces, and America did. In July of 1944, II generation in Guam. There was no objection. U.S. naval forces began the liberation I want to especially thank the chair- Mr. WALDEN of Oregon. Mr. Speak- of Guam. For days they bombarded the man of the Committee on Resources, er, I yield myself such time as I may island to draw out the enemy, and the gentleman from Alaska (Mr. consume. paved the way for America’s invasion. YOUNG), for his assistance in bringing Mr. Speaker, I rise today in support Marines stormed the beaches of Guam’s this matter to the floor, and our senior of H.R. 755, the Guam War Restitution capital, Hagatna, and the southern vil- Democrat, the gentleman from Cali- Act. lages of Asan, Sumay, and Agat. The fornia (Mr. GEORGE MILLER), for his H.R. 755 will establish a temporary liberation of Guam was achieved on steadfast support and cosponsorship of commission to review an important July 21, 1944. this measure, as well as the chairman, matter for the people of Guam that has Soon after, the acting Secretary of the gentleman from Illinois (Mr. the Navy, H. Strive Hensel, rec- been unresolved since World War II. An HYDE), who has been very supportive of American territory, Guam, was in- ommended to Congress that legislation this endeavor. vaded and occupied by Japan during be enacted to provide relief to the peo- the Second World War, and the U.S. na- ple of Guam through the settlement of b 1615 tionals of Guam suffered immensely meritorious claims. Congress re- It has been with their help that we because of their loyalty to the United sponded by enacting the 1945 Guam have been able to address past concerns States. Meritorious Claims Act, and authorized on this issue and move forward legisla- Although there was an intention to the Navy to adjudicate claims for prop- tion that brings us a step closer to jus- provide restitution to the people of erty resulting from Japanese occupa- tice.

VerDate 12-SEP-2000 06:09 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.052 pfrm02 PsN: H12PT1 H7416 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Mr. Speaker, I yield 4 minutes to the legislation for the people of Guam in FSC REPEAL AND EXTRA-TERRI- gentleman from American Samoa (Mr. terms of my own family. My parents TORIAL INCOME EXCLUSION ACT FALEOMAVAEGA). endured the occupation. I am the only OF 2000 (Mr. FALEOMAVAEGA asked and member of my family that was born Mr. ARCHER. Mr. Speaker, I move to was given permission to revise and ex- after World War II. I think the imprint suspend the rules and pass the bill tend his remarks.) of the war experience on our lives as a (H.R. 4986) to amend the Internal Rev- Mr. FALEOMAVAEGA. Mr. Speaker, people and our lives as family members enue Code of 1986 to repeal the provi- I thank the gentleman from Guam (Mr. are very strong. sions relating to foreign sales corpora- UNDERWOOD), the chief sponsor and au- This will bring a justice and sense of tions (FSCs) and to exclude thor of this legislation for yielding me fairness to a long struggle for the peo- extraterritorial income from gross in- this time. ple of Guam and for all of the families come, as amended. Mr. Speaker, as has been so elo- of Guam. The Clerk read as follows: quently stated by the gentleman from H.R. 4986 Guam (Mr. UNDERWOOD) and others be- Mr. GEORGE MILLER of California. Mr. Be it enacted by the Senate and House of Rep- fore me, reparations to the people of Speaker, I rise in support of H.R. 755Ðthe resentatives of the United States of America in Guam, who were subjected to death, Guam War Claims Review Commission Act. I Congress assembled, personal injury, forced labor, forced thank Mr. UNDERWOOD for his work on this SECTION 1. SHORT TITLE. march and internment during World substitute version of H.R. 755 which address- (a) SHORT TITLE.—This Act may be cited as War II is long, long overdue. es concerns that have been raised in previous the ‘‘FSC Repeal and Extraterritorial In- Congresses. This legislation has been, in one come Exclusion Act of 2000’’. Mr. Speaker, before the military oc- (b) AMENDMENT OF 1986 CODE.—Except as cupation of Guam, for some reason, it form or another, offered by every delegate otherwise expressly provided, whenever in escapes me, at least this Member, the from Guam to Congress since the people of this Act an amendment or repeal is ex- United States Territory of Guam was Guam began electing delegates to Congress pressed in terms of an amendment to, or re- in existence. I have always asked the in the 1970's. peal of, a section or other provision, the ref- question why was it that these loyal erence shall be considered to be made to a In my years of service on the Resources section or other provision of the Internal Americans were not evacuated, prop- Committee, I have had the privilege of meet- Revenue Code of 1986. erly evacuated before the occupation ing many from Guam who traveled a great dis- SEC. 2. REPEAL OF FOREIGN SALES CORPORA- forces of Japan took over this island. tance to share their wartime memories of Jap- TION RULES. Why was it that only U.S. citizens were anese occupation. Their stories are compelling Subpart C of part III of subchapter N of evacuated? This bugs the heck out of and regrettable. Their experiences often chapter 1 (relating to taxation of foreign me, Mr. Speaker. sounded unbelievable but they were very real. sales corporations) is hereby repealed. As has been noted, Guam was the SEC. 3. TREATMENT OF EXTRATERRITORIAL IN- I recall an elder woman who came to testify COME. only land under the jurisdiction of the before our CommitteeÐMrs. Beatrice Elmsley. (a) IN GENERAL.—Part III of subchapter B United States to be occupied by Japa- She bore a scar along her neck. A permanent of chapter 1 (relating to items specifically nese military forces during World War reminder of her attempted beheading at the excluded from gross income) is amended by II. The people of Guam could have, I hands of Japanese soldiers. inserting before section 115 the following suppose, greeted this new force with new section: To the American public, Guam's story is not open arms, and perhaps spared them- ‘‘SEC. 114. EXTRATERRITORIAL INCOME. widely well-known. The island's loyalty to the selves some of the misery they suffered ‘‘(a) EXCLUSION.—Gross income does not in- United States before, during, and after World clude extraterritorial income. during 3 years of brutal occupation by War II has never been questioned. Our fellow ‘‘(b) EXCEPTION.—Subsection (a) shall not military forces of the Japanese govern- citizens are proud and patriotic Americans and apply to extraterritorial income which is not ment. But these loyal Americans did qualifying foreign trade income as deter- if they were not fully made whole from the not. They were proud Americans before mined under subpart E of part III of sub- atrocities they faced from Japanese occupa- the occupation, during the occupation, chapter N. tion, then we should make a good faith effort and after the occupation. ‘‘(c) DISALLOWANCE OF DEDUCTIONS.— to correct those errors. ‘‘(1) IN GENERAL.—Any deduction of a tax- In response to their loyalty, Mr. payer allocated under paragraph (2) to Speaker, 55 years later, we are still de- That we have been able to overcome con- extraterritorial income of the taxpayer ex- bating whether we should establish a cerns raised in the past over this legislation, cluded from gross income under subsection commission to study whether the peo- while still recognizing the validity of reexam- (a) shall not be allowed. ple of Guam who suffered from such ining war claim awards made to the people of ‘‘(2) ALLOCATION.—Any deduction of the atrocities during this occupation pe- Guam in the wake of World War II, is truly a taxpayer properly apportioned and allocated riod should receive proper reparations. milestone. We would not have reached this to the extraterritorial income derived by the point if it weren't for the patience, diligence, taxpayer from any transaction shall be allo- Mr. Speaker, it has been 55 years. cated on a proportionate basis between— and tenacity of Mr. UNDERWOOD. I congratulate Even the Navy supported reparations ‘‘(A) the extraterritorial income derived decades ago, and direct action on the him for his persistence and ask my colleagues from such transaction which is excluded part of this Congress is still long over- to give this measure their full support. from gross income under subsection (a), and due. Mr. UNDERWOOD. Mr. Speaker, I ‘‘(B) the extraterritorial income derived Mr. Speaker, it is my understanding yield back the balance of my time. from such transaction which is not so ex- that legislation has been introduced for cluded. Mr. WALDEN of Oregon. Mr. Speak- ‘‘(d) DENIAL OF CREDITS FOR CERTAIN FOR- how many years now. I support this er, I yield back the balance of my time. EIGN TAXES.—Notwithstanding any other legislation but still feel compelled to provision of this chapter, no credit shall be speak out that we should be doing The SPEAKER pro tempore (Mr. allowed under this chapter for any income, more. This bill was introduced 19 STEARNS). The question is on the mo- war profits, and excess profits taxes paid or months ago. Today, with 19 legislative tion offered by the gentleman from Or- accrued to any foreign country or possession days left in the Congress, we are finally egon (Mr. WALDEN) that the House sus- of the United States with respect to getting around to passing a bill which pend the rules and pass the bill, H.R. extraterritorial income which is excluded 755, as amended. from gross income under subsection (a). still has to go to the Senate. ‘‘(e) EXTRATERRITORIAL INCOME.—For pur- Mr. Speaker, we can and we should The question was taken; and (two- poses of this section, the term do better than this. I urge my col- thirds having voted in favor thereof) ‘extraterritorial income’ means the gross in- leagues to support this bill. the rules were suspended and the bill, come of the taxpayer attributable to foreign Mr. UNDERWOOD. Mr. Speaker, I as amended, was passed. trading gross receipts (as defined in section yield myself such time as I may con- 942) of the taxpayer.’’ The title of the bill was amended so (b) QUALIFYING FOREIGN TRADE INCOME.— sume. as to read: Part III of subchapter N of chapter 1 is Mr. Speaker, I thank the gentleman amended by inserting after subpart D the fol- from American Samoa (Mr. A bill to establish the Guam War Claims lowing new subpart: Review Commission. FALEOMAVAEGA) for those very kind ‘‘Subpart E—Qualifying Foreign Trade comments. Just on a personal note, I A motion to reconsider was laid on Income think this is a very emotional piece of the table. ‘‘Sec. 941. Qualifying foreign trade income.

VerDate 12-SEP-2000 06:09 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0655 E:\CR\FM\K12SE7.080 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7417 ‘‘Sec. 942. Foreign trading gross receipts. ‘‘(ii) are performed by the taxpayer (or any ‘‘(i) are for ultimate use in the United ‘‘Sec. 943. Other definitions and special rules. person acting under a contract with such States, or ‘‘SEC. 941. QUALIFYING FOREIGN TRADE INCOME. taxpayer) outside the United States, or ‘‘(ii) are for use by the United States or ‘‘(a) QUALIFYING FOREIGN TRADE INCOME.— ‘‘(B) foreign trade income derived by the any instrumentality thereof and such use of For purposes of this subpart and section taxpayer in connection with the lease or qualifying foreign trade property or services 114— rental of qualifying foreign trade property is required by law or regulation, or ‘‘(1) IN GENERAL.—The term ‘qualifying for- for use by the lessee outside the United ‘‘(B) such transaction is accomplished by a eign trade income’ means, with respect to States. subsidy granted by the government (or any any transaction, the amount of gross income ‘‘(2) SPECIAL RULES FOR LEASED PROP- instrumentality thereof) of the country or which, if excluded, will result in a reduction ERTY.— possession in which the property is manufac- of the taxable income of the taxpayer from ‘‘(A) SALES INCOME.—The term ‘foreign sale tured, produced, grown, or extracted. such transaction equal to the greatest of— and leasing income’ includes any foreign ‘‘(3) ELECTION TO EXCLUDE CERTAIN RE- ‘‘(A) 30 percent of the foreign sale and leas- trade income derived by the taxpayer from CEIPTS.—The term ‘foreign trading gross re- ing income derived by the taxpayer from the sale of property described in paragraph ceipts’ shall not include gross receipts of a such transaction, (1)(B). taxpayer from a transaction if the taxpayer ‘‘(B) 1.2 percent of the foreign trading gross ‘‘(B) LIMITATION IN CERTAIN CASES.—Except elects not to have such receipts taken into receipts derived by the taxpayer from the as provided in regulations, in the case of account for purposes of this subpart. transaction, or property which— ‘‘(b) FOREIGN ECONOMIC PROCESS REQUIRE- ‘‘(C) 15 percent of the foreign trade income ‘‘(i) was manufactured, produced, grown, or MENTS.— derived by the taxpayer from the trans- extracted by the taxpayer, or ‘‘(1) IN GENERAL.—Except as provided in action. ‘‘(ii) was acquired by the taxpayer from a subsection (c), a taxpayer shall be treated as In no event shall the amount determined related person for a price which was not de- having foreign trading gross receipts from under subparagraph (B) exceed 200 percent of termined in accordance with the rules of sec- any transaction only if economic processes the amount determined under subparagraph tion 482, with respect to such transaction take place (C). the amount of foreign trade income which outside the United States as required by ‘‘(2) ALTERNATIVE COMPUTATION.—A tax- may be treated as foreign sale and leasing in- paragraph (2). payer may compute its qualifying foreign come under paragraph (1)(B) or subparagraph ‘‘(2) REQUIREMENT.— trade income under a subparagraph of para- (A) of this paragraph with respect to any ‘‘(A) IN GENERAL.—The requirements of graph (1) other than the subparagraph which transaction involving such property shall this paragraph are met with respect to the results in the greatest amount of such in- not exceed the amount which would have gross receipts of a taxpayer derived from any come. been determined if the taxpayer had ac- transaction if— ‘‘(3) LIMITATION ON USE OF FOREIGN TRADING quired such property for the price deter- ‘‘(i) such taxpayer (or any person acting GROSS RECEIPTS METHOD.—If any person com- mined in accordance with the rules of sec- under a contract with such taxpayer) has putes its qualifying foreign trade income tion 482. participated outside the United States in the from any transaction with respect to any ‘‘(3) SPECIAL RULES.— solicitation (other than advertising), the ne- property under paragraph (1)(B), the quali- ‘‘(A) EXCLUDED PROPERTY.—Foreign sale gotiation, or the making of the contract re- fying foreign trade income of such person (or and leasing income shall not include any in- lating to such transaction, and any related person) with respect to any other come properly allocable to excluded property ‘‘(ii) the foreign direct costs incurred by transaction involving such property shall be described in subparagraph (B) of section the taxpayer attributable to the transaction zero. 943(a)(3) (relating to intangibles). equal or exceed 50 percent of the total direct ‘‘(4) RULES FOR MARGINAL COSTING.—The ‘‘(B) ONLY DIRECT EXPENSES TAKEN INTO AC- costs attributable to the transaction. Secretary shall prescribe regulations setting COUNT.—For purposes of this subsection, any ‘‘(B) ALTERNATIVE 85-PERCENT TEST.—A tax- forth rules for the allocation of expenditures expense other than a directly allocable ex- payer shall be treated as satisfying the re- in computing foreign trade income under pense shall not be taken into account in quirements of subparagraph (A)(ii) with re- paragraph (1)(C) in those cases where a tax- computing foreign trade income. spect to any transaction if, with respect to payer is seeking to establish or maintain a ‘‘SEC. 942. FOREIGN TRADING GROSS RECEIPTS. each of at least 2 subparagraphs of paragraph market for qualifying foreign trade property. ‘‘(a) FOREIGN TRADING GROSS RECEIPTS.— (3), the foreign direct costs incurred by such ‘‘(5) PARTICIPATION IN INTERNATIONAL BOY- ‘‘(1) IN GENERAL.—Except as otherwise pro- taxpayer attributable to activities described COTTS, ETC.—Under regulations prescribed by vided in this section, for purposes of this in such subparagraph equal or exceed 85 per- the Secretary, the qualifying foreign trade subpart, the term ‘foreign trading gross re- cent of the total direct costs attributable to income of a taxpayer for any taxable year ceipts’ means the gross receipts of the tax- activities described in such subparagraph. shall be reduced (but not below zero) by the payer which are— ‘‘(C) DEFINITIONS.—For purposes of this sum of— ‘‘(A) from the sale, exchange, or other dis- paragraph— ‘‘(A) an amount equal to such income mul- position of qualifying foreign trade property, ‘‘(i) TOTAL DIRECT COSTS.—The term ‘total tiplied by the international boycott factor ‘‘(B) from the lease or rental of qualifying direct costs’ means, with respect to any determined under section 999, and foreign trade property for use by the lessee transaction, the total direct costs incurred ‘‘(B) any illegal bribe, kickback, or other outside the United States, by the taxpayer attributable to activities de- payment (within the meaning of section ‘‘(C) for services which are related and sub- scribed in paragraph (3) performed at any lo- 162(c)) paid by or on behalf of the taxpayer sidiary to— cation by the taxpayer or any person acting directly or indirectly to an official, em- ‘‘(i) any sale, exchange, or other disposi- under a contract with such taxpayer. ployee, or agent in fact of a government. tion of qualifying foreign trade property by ‘‘(ii) FOREIGN DIRECT COSTS.—The term ‘for- ‘‘(b) FOREIGN TRADE INCOME.—For purposes such taxpayer, or eign direct costs’ means, with respect to any of this subpart— ‘‘(ii) any lease or rental of qualifying for- transaction, the portion of the total direct ‘‘(1) IN GENERAL.—The term ‘foreign trade eign trade property described in subpara- costs which are attributable to activities income’ means the taxable income of the graph (B) by such taxpayer, performed outside the United States. taxpayer attributable to foreign trading ‘‘(D) for engineering or architectural serv- ‘‘(3) ACTIVITIES RELATING TO QUALIFYING gross receipts of the taxpayer. ices for construction projects located (or FOREIGN TRADE PROPERTY.—The activities de- ‘‘(2) SPECIAL RULE FOR COOPERATIVES.—In proposed for location) outside the United scribed in this paragraph are any of the fol- any case in which an organization to which States, or lowing with respect to qualifying foreign part I of subchapter T applies which is en- ‘‘(E) for the performance of managerial trade property— gaged in the marketing of agricultural or services for a person other than a related ‘‘(A) advertising and sales promotion, horticultural products sells qualifying for- person in furtherance of the production of ‘‘(B) the processing of customer orders and eign trade property, in computing the tax- foreign trading gross receipts described in the arranging for delivery, able income of such cooperative, there shall subparagraph (A), (B), or (C). ‘‘(C) transportation outside the United not be taken into account any deduction al- Subparagraph (E) shall not apply to a tax- States in connection with delivery to the lowable under subsection (b) or (c) of section payer for any taxable year unless at least 50 customer, 1382 (relating to patronage dividends, per- percent of its foreign trading gross receipts ‘‘(D) the determination and transmittal of unit retain allocations, and nonpatronage (determined without regard to this sentence) a final invoice or statement of account or distributions). for such taxable year is derived from activi- the receipt of payment, and ‘‘(c) FOREIGN SALE AND LEASING INCOME.— ties described in subparagraph (A), (B), or ‘‘(E) the assumption of credit risk. For purposes of this section— (C). ‘‘(4) ECONOMIC PROCESSES PERFORMED BY ‘‘(1) IN GENERAL.—The term ‘foreign sale ‘‘(2) CERTAIN RECEIPTS EXCLUDED ON BASIS RELATED PERSONS.—A taxpayer shall be and leasing income’ means, with respect to OF USE; SUBSIDIZED RECEIPTS EXCLUDED.—The treated as meeting the requirements of this any transaction— term ‘foreign trading gross receipts’ shall subsection with respect to any sales trans- ‘‘(A) foreign trade income properly allo- not include receipts of a taxpayer from a action involving any property if any related cable to activities which— transaction if— person has met such requirements in such ‘‘(i) are described in paragraph (2)(A)(i) or ‘‘(A) the qualifying foreign trade property transaction or any other sales transaction (3) of section 942(b), and or services— involving such property.

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.053 pfrm02 PsN: H12PT1 H7418 CONGRESSIONAL RECORD — HOUSE September 12, 2000

‘‘(c) EXCEPTION FROM FOREIGN ECONOMIC ented), for commercial or home use), good- ‘‘(1) IN GENERAL.—For purposes of section PROCESS REQUIREMENT.— will, trademarks, trade brands, franchises, or 114(d), any withholding tax shall not be ‘‘(1) IN GENERAL.—The requirements of sub- other like property, treated as paid or accrued with respect to section (b) shall be treated as met for any ‘‘(C) oil or gas (or any primary product extraterritorial income which is excluded taxable year if the foreign trading gross re- thereof), from gross income under section 114(a). For ceipts of the taxpayer for such year do not ‘‘(D) products the transfer of which is pro- purposes of this paragraph, the term ‘with- exceed $5,000,000. hibited or curtailed to effectuate the policy holding tax’ means any tax which is imposed ‘‘(2) RECEIPTS OF RELATED PERSONS AGGRE- set forth in paragraph (2)(C) of section 3 of on a basis other than residence and for which GATED.—All related persons shall be treated Public Law 96–72, or credit is allowable under section 901 or 903. as one person for purposes of paragraph (1), ‘‘(E) any unprocessed timber which is a ‘‘(2) EXCEPTION.—Paragraph (1) shall not and the limitation under paragraph (1) shall softwood. apply to any taxpayer with respect to be allocated among such persons in a manner For purposes of subparagraph (E), the term extraterritorial income from any trans- provided in regulations prescribed by the ‘unprocessed timber’ means any log, cant, or action if the taxpayer computes its quali- Secretary. similar form of timber. fying foreign trade income with respect to ‘‘(3) SPECIAL RULE FOR PASS-THRU ENTI- ‘‘(4) PROPERTY IN SHORT SUPPLY.—If the the transaction under section 941(a)(1)(A). TIES.—In the case of a partnership, S cor- President determines that the supply of any ‘‘(e) ELECTION TO BE TREATED AS DOMESTIC poration, or other pass-thru entity, the limi- property described in paragraph (1) is insuffi- CORPORATION.— tation under paragraph (1) shall apply with cient to meet the requirements of the domes- ‘‘(1) IN GENERAL.—An applicable foreign respect to the partnership, S corporation, or tic economy, the President may by Execu- corporation may elect to be treated as a do- entity and with respect to each partner, tive order designate the property as in short mestic corporation for all purposes of this shareholder, or other owner. supply. Any property so designated shall not title if such corporation waives all benefits ‘‘SEC. 943. OTHER DEFINITIONS AND SPECIAL be treated as qualifying foreign trade prop- to such corporation granted by the United RULES. erty during the period beginning with the States under any treaty. No election under ‘‘(a) QUALIFYING FOREIGN TRADE PROP- date specified in the Executive order and section 1362(a) may be made with respect to ERTY.—For purposes of this subpart— ending with the date specified in an Execu- such corporation. ‘‘(1) IN GENERAL.—The term ‘qualifying for- tive order setting forth the President’s de- ‘‘(2) APPLICABLE FOREIGN CORPORATION.— eign trade property’ means property— termination that the property is no longer in For purposes of paragraph (1), the term ‘ap- ‘‘(A) manufactured, produced, grown, or ex- short supply. plicable foreign corporation’ means any for- tracted within or outside the United States, ‘‘(b) OTHER DEFINITIONS AND RULES.—For eign corporation if— ‘‘(B) held primarily for sale, lease, or rent- purposes of this subpart— ‘‘(A) such corporation manufactures, pro- al, in the ordinary course of trade or busi- ‘‘(1) TRANSACTION.— duces, grows, or extracts property in the or- ness for direct use, consumption, or disposi- ‘‘(A) IN GENERAL.—The term ‘transaction’ dinary course of such corporation’s trade or tion outside the United States, and means— business, or ‘‘(C) not more than 50 percent of the fair ‘‘(i) any sale, exchange, or other disposi- ‘‘(B) substantially all of the gross receipts market value of which is attributable to— tion, of such corporation may reasonably be ex- ‘‘(i) articles manufactured, produced, ‘‘(ii) any lease or rental, and pected to be foreign trading gross receipts. grown, or extracted outside the United ‘‘(iii) any furnishing of services. ‘‘(3) PERIOD OF ELECTION.— States, and ‘‘(B) GROUPING OF TRANSACTIONS.—To the ‘‘(A) IN GENERAL.—Except as otherwise pro- ‘‘(ii) direct costs for labor (determined extent provided in regulations, any provision vided in this paragraph, an election under under the principles of section 263A) per- of this subpart which, but for this subpara- paragraph (1) shall apply to the taxable year formed outside the United States. graph, would be applied on a transaction-by- for which made and all subsequent taxable For purposes of subparagraph (C), the fair transaction basis may be applied by the tax- years unless revoked by the taxpayer. Any market value of any article imported into payer on the basis of groups of transactions revocation of such election shall apply to the United States shall be its appraised based on product lines or recognized industry taxable years beginning after such revoca- value, as determined by the Secretary under or trade usage. Such regulations may permit tion. section 402 of the Tariff Act of 1930 (19 U.S.C. different groupings for different purposes. ‘‘(B) TERMINATION.—If a corporation which 1401a) in connection with its importation, ‘‘(2) UNITED STATES DEFINED.—The term made an election under paragraph (1) for any and the direct costs for labor under clause ‘United States’ includes the Commonwealth taxable year fails to meet the requirements (ii) do not include costs that would be treat- of Puerto Rico. The preceding sentence shall of subparagraph (A) or (B) of paragraph (2) ed under the principles of section 263A as di- not apply for purposes of determining wheth- for any subsequent taxable year, such elec- rect labor costs attributable to articles de- er a corporation is a domestic corporation. tion shall not apply to any taxable year be- scribed in clause (i). ‘‘(3) RELATED PERSON.—A person shall be ginning after such subsequent taxable year. ‘‘(2) U.S. TAXATION TO ENSURE CONSISTENT related to another person if such persons are ‘‘(C) EFFECT OF REVOCATION OR TERMI- TREATMENT.—Property which (without re- treated as a single employer under sub- NATION.—If a corporation which made an gard to this paragraph) is qualifying foreign section (a) or (b) of section 52 or subsection election under paragraph (1) revokes such trade property and which is manufactured, (m) or (o) of section 414, except that deter- election or such election is terminated under produced, grown, or extracted outside the minations under subsections (a) and (b) of subparagraph (B), such corporation (and any United States shall be treated as qualifying section 52 shall be made without regard to successor corporation) may not make such foreign trade property only if it is manufac- section 1563(b). election for any of the 5 taxable years begin- tured, produced, grown, or extracted by— ning with the first taxable year for which ‘‘(4) GROSS AND TAXABLE INCOME.—Section ‘‘(A) a domestic corporation, 114 shall not be taken into account in deter- such election is not in effect as a result of ‘‘(B) an individual who is a citizen or resi- mining the amount of gross income or for- such revocation or termination. dent of the United States, eign trade income from any transaction. ‘‘(4) SPECIAL RULES.— ‘‘(C) a foreign corporation with respect to ‘‘(c) SOURCE RULE.—Under regulations, in ‘‘(A) REQUIREMENTS.—This subsection shall which an election under subsection (e) (relat- the case of qualifying foreign trade property not apply to an applicable foreign corpora- ing to foreign corporations electing to be manufactured, produced, grown, or extracted tion if such corporation fails to meet the re- subject to United States taxation) is in ef- within the United States, the amount of in- quirements (if any) which the Secretary may fect, or come of a taxpayer from any sales trans- prescribe to ensure that the taxes imposed ‘‘(D) a partnership or other pass-thru enti- action with respect to such property which is by this chapter on such corporation are paid. ty all of the partners or owners of which are treated as from sources without the United ‘‘(B) EFFECT OF ELECTION, REVOCATION, AND described in subparagraph (A), (B), or (C). States shall not exceed— TERMINATION.— Except as otherwise provided by the Sec- ‘‘(1) in the case of a taxpayer computing its ‘‘(i) ELECTION.—For purposes of section 367, retary, tiered partnerships or pass-thru enti- qualifying foreign trade income under sec- a foreign corporation making an election ties shall be treated as described in subpara- tion 941(a)(1)(B), the amount of the tax- under this subsection shall be treated as graph (D) if each of the partnerships or enti- payer’s foreign trade income which would transferring (as of the first day of the first ties is directly or indirectly wholly owned by (but for this subsection) be treated as from taxable year to which the election applies) persons described in subparagraph (A), (B), sources without the United States if the for- all of its assets to a domestic corporation in or (C). eign trade income were reduced by an connection with an exchange to which sec- ‘‘(3) EXCLUDED PROPERTY.—The term ‘quali- amount equal to 4 percent of the foreign tion 354 applies. fying foreign trade property’ shall not trading gross receipts with respect to the ‘‘(ii) REVOCATION AND TERMINATION.—For include— transaction, and purposes of section 367, if— ‘‘(A) property leased or rented by the tax- ‘‘(2) in the case of a taxpayer computing its ‘‘(I) an election is made by a corporation payer for use by any related person, qualifying foreign trade income under sec- under paragraph (1) for any taxable year, and ‘‘(B) patents, inventions, models, designs, tion 941(a)(1)(C), 50 percent of the amount of ‘‘(II) such election ceases to apply for any formulas, or processes whether or not pat- the taxpayer’s foreign trade income which subsequent taxable year, ented, copyrights (other than films, tapes, would (but for this subsection) be treated as such corporation shall be treated as a domes- records, or similar reproductions, and other from sources without the United States. tic corporation transferring (as of the 1st than computer software (whether or not pat- ‘‘(d) TREATMENT OF WITHHOLDING TAXES.— day of the first such subsequent taxable year

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.053 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7419 to which such election ceases to apply) all of (B) by adding at the end the following the year for which made and all subsequent tax- its property to a foreign corporation in con- following new sentence: ‘‘A rule similar to able years, and, once made, may be revoked nection with an exchange to which section the rule of section 943(d) shall apply for pur- only with the consent of the Secretary of the 354 applies. poses of paragraph (4)(C).’’ Treasury. ‘‘(C) ELIGIBILITY FOR ELECTION.—The Sec- (4) Paragraph (3) of section 864(e) is (3) RELATED PERSON.—For purposes of this retary may by regulation designate one or amended— subsection, the term ‘‘related person’’ has more classes of corporations which may not (A) by striking ‘‘For purposes of’’ and in- the meaning given to such term by section make the election under this subsection. serting: 943(b)(3) of such Code, as added by this Act. ‘‘(f) RULES RELATING TO ALLOCATIONS OF ‘‘(A) IN GENERAL.—For purposes of’’, and (d) SPECIAL RULES RELATING TO LEASING QUALIFYING FOREIGN TRADE INCOME FROM (B) by adding at the end the following new TRANSACTIONS.— SHARED PARTNERSHIPS.— subparagraph: (1) SALES INCOME.—If foreign trade income ‘‘(1) IN GENERAL.—If— ‘‘(B) ASSETS PRODUCING EXEMPT in connection with the lease or rental of ‘‘(A) a partnership maintains a separate EXTRATERRITORIAL INCOME.—For purposes of property described in section 927(a)(1)(B) of account for transactions (to which this sub- allocating and apportioning any interest ex- such Code (as in effect before the amend- part applies) with each partner, pense, there shall not be taken into account ments made by this Act) is treated as ex- ‘‘(B) distributions to each partner with re- any qualifying foreign trade property (as de- empt foreign trade income for purposes of spect to such transactions are based on the fined in section 943(a)) which is held by the section 921(a) of such Code (as so in effect), amounts in the separate account maintained taxpayer for lease or rental in the ordinary such property shall be treated as property with respect to such partner, and course of trade or business for use by the les- described in section 941(c)(1)(B) of such Code ‘‘(C) such partnership meets such other re- see outside the United States (as defined in (as added by this Act) for purposes of apply- quirements as the Secretary may by regula- section 943(b)(2)).’’ ing section 941(c)(2) of such Code (as so tions prescribe, (5) Section 903 is amended by striking added) to any subsequent transaction involv- then such partnership shall allocate to each ‘‘164(a)’’ and inserting ‘‘114, 164(a),’’. ing such property to which the amendments partner items of income, gain, loss, and de- (6) Section 999(c)(1) is amended by insert- made by this Act apply. duction (including qualifying foreign trade ing ‘‘941(a)(5),’’ after ‘‘908(a),’’. (2) LIMITATION ON USE OF GROSS RECEIPTS income) from any transaction to which this (7) The table of sections for part III of sub- METHOD.—If any person computed its foreign subpart applies on the basis of such separate chapter B of chapter 1 is amended by insert- trade income from any transaction with re- account. ing before the item relating to section 115 spect to any property on the basis of a trans- ‘‘(2) SPECIAL RULES.—For purposes of this the following new item: fer price determined under the method de- subpart, in the case of a partnership to scribed in section 925(a)(1) of such Code (as in which paragraph (1) applies— ‘‘Sec. 114. Extraterritorial income.’’ effect before the amendments made by this ‘‘(A) any partner’s interest in the partner- (8) The table of subparts for part III of sub- Act), then the qualifying foreign trade in- ship shall not be taken into account in deter- chapter N of chapter 1 is amended by strik- come (as defined in section 941(a) of such mining whether such partner is a related ing the item relating to subpart E and in- Code, as in effect after such amendments) of person with respect to any other partner, serting the following new item: such person (or any related person) with re- and ‘‘Subpart E. Qualifying foreign trade in- spect to any other transaction involving ‘‘(B) the election under section 942(a)(3) come.’’ such property (and to which the amendments shall be made separately by each partner (9) The table of subparts for part III of sub- made by this Act apply) shall be zero. with respect to any transaction for which chapter N of chapter 1 is amended by strik- The SPEAKER pro tempore. Pursu- the partnership maintains separate accounts ing the item relating to subpart C. ant to the rule, the gentleman from for each partner. SEC. 5. EFFECTIVE DATE. Texas (Mr. ARCHER) and the gentleman ‘‘(g) EXCLUSION FOR PATRONS OF AGRICUL- (a) IN GENERAL.—The amendments made by TURAL AND HORTICULTURAL COOPERATIVES.— from New York (Mr. RANGEL) each will Any amount described in paragraph (1) or (3) this Act shall apply to transactions after control 20 minutes. of section 1385(a)— September 30, 2000. Mr. STARK. Mr. Speaker, I oppose ‘‘(1) which is received by a person from an (b) NO NEW FSCS; TERMINATION OF INACTIVE the bill, and I would like to claim the organization to which part I of subchapter T FSCS.— time in opposition. applies which is engaged in the marketing of (1) NO NEW FSCS.—No corporation may The SPEAKER pro tempore. Is the elect after September 30, 2000, to be a FSC agricultural or horticultural products, and gentleman from New York (Mr. RAN- ‘‘(2) which is designated by the organiza- (as defined in section 922 of the Internal Rev- enue Code of 1986, as in effect before the GEL) opposed to the motion? tion as allocable to qualifying foreign trade Mr. RANGEL. No, I am not, Mr. income in a written notice mailed to its pa- amendments made by this Act). (2) TERMINATION OF INACTIVE FSCS.—If a Speaker. I support the bill. trons during the payment period described in The SPEAKER pro tempore. The gen- section 1382(d), FSC has no foreign trade income (as defined shall be treated as qualifying foreign trade in section 923(b) of such Code, as so in effect) tleman from New York (Mr. RANGEL) is income of such person for purposes of section for any period of 5 consecutive taxable years not opposed to the motion. Therefore, 114. The taxable income of the organization beginning after December 31, 2001, such FSC the gentleman from California (Mr. shall not be reduced under section 1382 by shall cease to be treated as a FSC for pur- STARK) may claim the 20 minutes of de- reason of any amount to which the preceding poses of such Code for any taxable year be- bate reserved for opposition to the mo- sentence applies.’’ ginning after such period. tion under clause 1(c) of Rule XV. (c) TRANSITION PERIOD FOR EXISTING FOR- SEC. 4. TECHNICAL AND CONFORMING AMEND- Mr. RANGEL. Mr. Speaker, I ask EIGN SALES CORPORATIONS.— MENTS. whether the gentleman from California (1) The second sentence of section (1) IN GENERAL.—In the case of a FSC (as so 56(g)(4)(B)(i) is amended by inserting before defined) in existence on September 30, 2000, (Mr. STARK) would yield 10 minutes of the period ‘‘or under section 114’’. and at all times thereafter, the amendments his time for those of us on the com- (2) Section 245 is amended by adding at the made by this Act shall not apply to any mittee that support the motion. end the following new subsection: transaction in the ordinary course of trade Mr. STARK. I am not prepared at ‘‘(d) CERTAIN DIVIDENDS ALLOCABLE TO or business involving a FSC which occurs— this point, Mr. Speaker, to yield any QUALIFYING FOREIGN TRADE INCOME.—In the (A) before January 1, 2002, or time. case of a domestic corporation which is a (B) after December 31, 2001, pursuant to a The SPEAKER pro tempore. Under United States shareholder (as defined in sec- binding contract— the rule, the gentleman from Texas tion 951(b)) of a controlled foreign corpora- (i) which is between the FSC (or any re- (Mr. ARCHER) and the gentleman from tion (as defined in section 957), there shall be lated person) and any person which is not a allowed as a deduction an amount equal to related person, and California (Mr. STARK) each will con- 100 percent of any dividend received from (ii) which is in effect on September 30, 2000, trol 20 minutes. such controlled foreign corporation which is and at all times thereafter. The Chair recognizes the gentleman distributed out of earnings and profits at- For purposes of this paragraph, a binding from Texas (Mr. ARCHER). tributable to qualifying foreign trade income contract shall include a purchase option, re- GENERAL LEAVE (as defined in section 941(a)).’’ newal option, or replacement option which is Mr. ARCHER. Mr. Speaker, I ask (3) Section 275(a) is amended— included in such contract and which is en- unanimous consent that all Members (A) by striking ‘‘or’’ at the end of para- forceable against the seller or lessor. may have 5 legislative days within graph (4)(A), by striking the period at the (2) ELECTION TO HAVE AMENDMENTS APPLY which to revise and extend their re- end of paragraph (4)(B) and inserting ‘‘, or’’, EARLIER.—A taxpayer may elect to have the and by adding at the end of paragraph (4) the amendments made by this Act apply to any marks and include extraneous material following new subparagraph: transaction by a FSC or any related person on H.R. 4986. ‘‘(C) such taxes are paid or accrued with re- to which such amendments would apply but The SPEAKER pro tempore. Is there spect to qualifying foreign trade income (as for the application of paragraph (1). Such objection to the request of the gen- defined in section 941).’’, and election shall be effective for the taxable tleman from Texas?

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.053 pfrm02 PsN: H12PT1 H7420 CONGRESSIONAL RECORD — HOUSE September 12, 2000 There was no objection. The new FSC has a new name and a I urge my colleagues to vote to help Mr. ARCHER. Mr. Speaker, I yield new face, but it is the same old sub- the seniors obtain affordable prescrip- such time as he may consume to the sidy. If it quacks like a subsidy and tion drugs and to do away with this gentleman from New York (Mr. RAN- walks like a subsidy, it still is a sub- egregious corporate welfare. GEL). sidy. The new scheme essentially Without an option to offer or an Mr. RANGEL. Mr. Speaker, I thank leaves the export benefit in place, but amendment, no amendments are al- the gentleman from Texas (Chairman now the Treasury will forego an addi- lowed under today’s rules, the Amer- ARCHER) for yielding me this time and tional $300 million a year to subsidy ican public will be forced to help a for this opportunity in working with our exporters. The Treasury will give pharmaceutical industry that cares him on this very important issue that more than $5 billion a year to help Boe- nothing about the well-being of Amer- has affected our Foreign Sale Corpora- ing, R.J. Reynolds and Monsato peddle ican citizens. The tobacco industry in- tion legislation. their products overseas. The exporters deed will get subsidized exporting their As most everyone knows, the World will receive lower tax rate on income poison to help kill and addict millions Trade Organization has required the from export sales than they do from of children around the world. administration and, indeed, this Con- domestic sales. Clearly this is prohib- The weapons industry, who does nothing to encourage the sale of their gress to work together to replace a tax ited under the WTO Agreement on Sub- weapons of destruction because those treatment consistent with our trade sidies and Countervailing Measures. sales are made for them by the Depart- agreements. Proponents of the FSC claim that it I would like to commend the Repub- ment of Defense and by the U.S. State is needed to compete with Europe’s licans and Democrats on this com- Department, why should they get a value-added tax. That is simply non- mittee, the leadership, as well as the subsidy to sell nuclear materials or sense. administration, to commend Treasury tanks or weapons of destruction when International trade allows rebates on Undersecretary Stuart Eizenstat and that is arranged for them? Why should consumption taxes such as the VAP Assistant Secretary John Talisman in we subsidize this arms race? and U.S. excise and State sales tax. the way they approached this very sen- The answer is we should not. We That is a level playing field. sitive situation, which, of course, the should not go through this, and when Europe’s corporate income tax is World Trade Organization has made we want to promote world law, we comparable to ours and in fact inves- such an issue. should not be here with a second-rate We in Congress could have ignored tors often criticize Europe for imposing subterfuge trying to call a subsidy the WTO ruling down in April much as too high a corporate income tax. something it is not. We should give up. the European Union has ignored many The FSC replacement is an export We should recognize that the World of the issues and beef hormones and subsidy that will help industry such as Trade Organization is correct. We other disputes. But we have sought to the pharmaceutical, tobacco, and mili- should allow our American industry to work it out diplomatically. When that tary weapons industries capitalize on compete as they can on quality and on has failed, we have now come with a the generosity of the Congress and on ingenuity and not have to subsidize legislative resolution. taxpayers. these large manufacturers as a mere It is a very sensitive situation, and I Let us start, for example, with the give-away just before election. thank the gentleman from Texas pharmaceutical industry. Is there any- Mr. Speaker, as the only member of (Chairman ARCHER) so much for giving one who says that we should encourage the Ways and Means to vote against me the opportunity to support the the U.S. pharmaceutical companies to H.R. 4986, the FSC Repeal and overwhelming majority of the people sell cheaper drugs to foreigners while Extraterritorial Income Exclusion Act on the committee as well as this lead- selling them at higher prices here at of 2000, I must explain the reasons for ership on this issue. home to our uninsured and our seniors? my vote. Mr. STARK. Mr. Speaker, I yield my- That is exactly what we will be doing if I believe that this bill will not suffice self such time as I may consume. we vote for H.R. 4986. under the scrutiny of the World Trade Mr. Speaker, whether or not one b 1630 Organization. H.R. 4986 is as much of a agrees that tobacco, pharmaceutical, subsidy as the current FSC. The entire and military industries should be ex- The pharmaceutical company does process was undemocratic, constituting empt from receiving this subsidy, not need another corporate subsidy at backroom consultations with private which is referred to as the foreign sales the expense of the American taxpayer. industry and select members of Con- credit, everyone should be opposed to This offers incentives for the pharma- gress. Finally, the bill is expanded and the bill before us today. ceutical companies to sell their prod- additional taxpayer dollars will be lost Whether or not one agrees that the ucts in other developed countries for under the new scheme. It is not right new tax scheme is, in fact, an export less than they sell them here at home. that we ask U.S. taxpayers to pay for subsidy, which most of us feel it is, as Drug companies already reap huge tax an export subsidy for large pharma- does the World Trade Organization, in benefits that lower their average effec- ceutical corporations when the U.S. a form of egregious corporate welfare, tive rate 40 percent below other U.S. pharmaceutical industry is charging one should be opposed to the bill. industries in America. less in wealthy foreign markets for the This bill spends $5 billion of tax- The richest drug company had great- same prescription drugs that our sen- payers’ money every year in per- er profits than the entire airline indus- iors are unable to afford here. petuity, and our leadership is allowing try and more than twice the profits of PROCESS a mere 40 minutes of debate and not al- the entire engineering and construc- Select members of the House Ways lowing amendments. tion industry. Yet, studies show that and Means Committee and Senate Fi- I can understand why the administra- American seniors without drug cov- nance Committee were consulted on re- tion and my colleagues want to rush erage often pay twice as much as peo- vising the Foreign Sales Corporation this legislation through, and I under- ple in Canada and Mexico. (FSC) prior to the World Trade Organi- stand they want as little debate as pos- Last week, the Committee on Ways zation’s October 2000 deadline. In addi- sible to avoid public disclosure that and Means rejected my amendment, tion, those who will benefit from the will aid the European Union in their which would have prohibited pharma- new subsidy were also consulted—pri- case before the World Trade Organiza- ceutical companies from receiving this vate industry. However, there were tion. FSC subsidy if they charged American many members of the Ways and Means However, our commitment first and consumers 5 percent more than what Committee who were not consulted on foremost should be to our constituents. they charge foreign consumers. That the details of the new proposal. This Our first commitment should be to the amendment made sense. Why should hardly reflects the democratic process health and welfare of our seniors and our seniors who go without their pre- under which this legislative body is children. Does not every taxpayer have scription drugs further have to sub- supposed to operate. a right to know how their hard-earned sidize the pharmaceutical companies I was one of the members who was taxpayer dollars are being spent? Of who sell them abroad? It is an insult to not consulted on repealing and replac- course they do. American seniors and all taxpayers. ing the current FSC for a new plan, yet

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.084 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7421 I was one of the members who was here EXPORT SUBSIDY So while this is a complex issue, we to vote in 1984 to repeal the Domestic Finally, H.R. 4986 does not address must succeed for the most basic rea- International Sales Corporation and re- the concerns of the WTO dispute panel. sons. place it with the Foreign Sales Cor- The new scheme attempts to allay the This bill enables the U.S. to comply poration. European Unions’ concerns by allowing with a decision of the World Trade Or- BENEFITS TO MILITARY WEAPONS EXPORTERS some foreign operations to also receive ganization, which last year held that In 1976, I led Congress in voting to de- the subsidy. The new scheme elimi- our FSC provisions of the Internal Rev- crease the benefit to weapons dealers. nates the requirement on a firm to sell enue Code violated certain provisions Therefore, I was dismayed to see that its exports through a separately char- of the WTO rules which prohibit export the new FSC benefit will actually be tered foreign corporation in order to subsidies. The Clinton administration expanded to increase the benefit of the receive the benefit. The only portion and the Congress strongly disagreed subsidy to military weapons exporters. that is eliminated is the paper sub- with this decision and the case was ap- The U.S. already spends about $8 bil- sidiary. Instead of creating a tax pealed. Unfortunately, the appeal was lion annually to subsidize U.S. weapons haven, U.S. exporters will be able to re- not granted. manufacturers. These subsidies include ceive the benefit outright. The new Unless Congress changes the law to taxpayer-backed loans, grants, and scheme doesn’t prevent arms exporters comply with the decision, U.S. con- government promotional activities or any other industry from receiving sumers and businesses face the possi- that assist U.S. weapons makers to sell the entire benefit of the subsidy. bility of retaliation by the European their products to foreign customers. The new scheme essentially leaves Union on or after October 1. This would Under the current Foreign Sales Cor- the export benefit in place but now the negate the ability of our domestically poration scheme, weapons exporters U.S. Treasury will forego an additional produced goods to enter the European may qualify for up to 50 percent of the $300 million per year to subsidize U.S. market in an amount of anywhere from FSC benefit. Under the new scheme, exporters. The U.S. Treasury will fore- 4 to $40 billion a year with devastation arms dealers will be able to reap the go more than $3 billion per year to help on the workers in those industries in full benefit of the subsidy. It is incom- companies like Boeing and R.J. Rey- this country. prehensible that we would allow an in- nolds peddle their products. Exporters I believe the approach in this legisla- dustry that already receives more than will continue to receive a lower tax tion is the best way to comply with the its fair share of pork barrel spending to rate on income from export sales than decision, continue to honor our trade receive increased subsidies through the from domestic sales. This is clearly agreements consistent with the obliga- new FSC plan. prohibited under the WTO Agreement tions they impart, and maintain our on Subsidies and Countervailing Meas- global competitiveness. BENEFITS TO PHARMACEUTICAL INDUSTRY ures. This legislation enjoys strong bipar- The pharmaceutical industry is an- It is a sad commentary on the Ways tisan support in both Houses of Con- other branch of corporate America that and Means Committee that is willing gress and is strongly supported by the clearly does not need an export subsidy to fight a WTO ruling all in the name administration. at the expense of the American tax- of corporate profits but ignores envi- Deputy Treasury Secretary Eizenstat payer. H.R. 4986 offers export incen- ronmental, human rights and labor in- has been involved in the construction tives to pharmaceutical companies who terests. of this legislation from the very begin- sell their products to other developed Mr. Speaker, I reserve the balance of ning, as well as Members and staff from countries for less than the U.S. con- my time. both the majority and the minority. sumer can purchase the exact same Mr. ARCHER. Mr. Speaker, I yield I also mention the extraordinary drugs. myself such time as I may consume. work of the Joint Committee on Tax- Drug companies already reap huge Mr. Speaker, the one thing this bill is ation to develop this product in a short benefits that lowered their average ef- not is corporate welfare. The one thing period of time. This bill is the product fective tax rates nearly 40 percent rel- this bill is not is a subsidy to corpora- of extensive deliberations of a bipar- ative to the other major U.S. indus- tions. tisan, bicameral, and administration tries from 1990 to 1996. Fortune maga- Almost every one of our foreign com- working group which consulted with zine again rated the pharmaceutical in- petitors singly taxes the earnings of both tax and trade experts on how best dustry the most profitable industry in their corporations overseas. We double to fashion a measure to allow the U.S. 1999. Merck, the richest drug company, tax in an ill-advised, antiquated sys- to comply with the WTO decision. had greater profits than the entire air- tem the earnings of our corporations This bill is also supported by U.S. line industry and more than twice the overseas and place them at a gigantic companies and their workers who profits of the engineering-construction disadvantage against their foreign would be most negatively impacted by industry. Drug spending increased competitors. the WTO ruling. more than 15 percent in 1998, 18 percent The FSC program simply mollifies to I also hope that this legislation ends in 1999 and is expected to continue to a small degree this giant disadvantage the longstanding challenge by the EU increase at phenomenal rates in the fu- to our corporations, a disadvantage to our tax system. It is an important ture. Yet, studies have shown that which is so great that it is causing one step in making our tax system not only American seniors without drug cov- by one major corporations to move compliant with our obligations under erage often pay about twice as much as overseas instead of having their head- the WTO rules but in also making our people in Canada and Mexico. quarters in the U.S., signified recently system relevant to the global market- The Ways and Means Committee re- by Chrysler having to become a Ger- place in which our citizens and busi- jected my amendment which would man corporation. nesses must compete. have prohibited pharmaceutical com- The gentleman from California (Mr. I look forward to continuing to work panies from receiving the full FSC ben- STARK) can speak his rhetoric, but he in a bipartisan fashion to see this bill efit if they discounted more than 5 per- is ill-advised when he calls this a sub- signed into law to help preserve Amer- cent to foreign consumers relative to sidy or corporate welfare. ican jobs, businesses, and our economy U.S. consumers. This amendment sim- This bill is critical for continued U.S. in the next century. ply makes sense. It is only fair to the competitiveness in the global market- Starting this week, America’s Olym- millions of U.S. seniors who go without place. It is critical for our economy. pic athletes will compete against the their much needed prescription drugs. And most important, it is critical to world’s best in Sydney, Australia, and Why subsidize an industry already re- preserve as many as five million jobs all competitors will play by the rules. ceiving huge corporate tax credits? We for American workers and their fami- In the far fiercer global economic should have exempted pharmaceutical lies. That is right, approximately 4.8 competition of the 21st century, we companies. The members of the Ways million American jobs are directly re- must work hard to give U.S. workers and Means Committee chose otherwise. lated to the manufacture of products and companies that same opportunity. This is an insult not only to American benefiting from the Foreign Sales Cor- That is exactly what this bill is de- seniors, but to all U.S. taxpayers. poration provisions in the Tax Code. signed to do.

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.054 pfrm02 PsN: H12PT1 H7422 CONGRESSIONAL RECORD — HOUSE September 12, 2000 I urge all Members to support this Very often adults are prone in deal- The House Ways and Means Committee vital legislation. ing with children to in essence say, Do voted 34-to-1 yesterday to support this legis- Mr. Speaker, I reserve the balance of as I say, not as I do. And today we are lation that meets our WTO obligations. Our my time. seeing an example of this country tell- key Congressional tax and trade committees understand that we have left the door open Mr. STARK. Mr. Speaker, I yield 2 ing the rest of the world, Do as we do, minutes to the gentleman from Cali- to further consultation with the EU as this not as we say. legislation moves forward. We remain pre- fornia (Mr. WAXMAN). In stark contrast, for example, to the pared to negotiate a solution on the basis of Mr. WAXMAN. Mr. Speaker, I rise in Europeans and their abject failure to this proposal. opposition to H.R. 4986. respond to adverse decisions in the I hope that we can work together to avoid While I believe that we must promote World Trade Organization, continuing an escalation of this conflict. It would not be U.S. competitiveness in global mar- to drag their feet when the inter- in the interest of either the U.S. or Europe kets, I strongly object to forcing Amer- national community says they are to engage in a major trade war over this ican taxpayers to support the export of wrong, what we have here is an exam- issue. Both U.S. and European businesses would needlessly suffer the consequences. tobacco and tobacco addiction. ple of the United States moving with The most recent IRS statistics reveal The legislation I am attaching herewith clear rapidity to make fundamental that tobacco companies have used the represents a serious effort on the part of the changes to bring us into compliance. FSC for a tax break of more than $100 U.S. to comply with the Appellate Body’s de- Do not just take my word for it. cision before its October 1st deadline. As we million a year. Under the new system Mr. Speaker, I include for the move to pass this legislation before that unveiled in this bill, they will benefit RECORD the following text of a letter deadline, I hope that we can have a dialogue even more. This is wrong. to resolve this conflict on the basis of this The dangers of nicotine are well from Deputy Secretary Eizenstat to the European Union Commissioner for new proposal. known, and these dangers do not stop For your review I’m attaching three docu- Trade: at our borders. Smoking causes more ments: (1) A copy of the statement I deliv- than 3.5 million deaths each year DEP SEC. EIZENSTAT FSC LETTER, ered at the Committee mark up, (2) the joint throughout the world. That number is DATE: AUGUST 11, 2000-INSIDE US Tax Committee’s description of the bill, and TRADE, (3) the text of the legislation as reported by expected to rise to 10 million people July 28, 2000. within 20 years, with 70 percent of all the Ways and Means Committee; please note Mr. PASCAL LAMY, that the formal bill is not yet available. smoking-related deaths projected to Commissioner for Trade, Rue du la Loi 200, B– I look forward to talking with you again occur in developing countries that are 1049, Brussels, Belgium. about these matters. the newest targets of the tobacco in- DEAR PASCAL: Following passage yesterday Yours Very Truly, dustry. by the House Ways and Means Committee of STEVE E. EIZENSTAT. legislation to repeal the FSC, I am writing This Congress has done nothing to Mr. Speaker, a portion of that letter address the tobacco epidemic that to you to enclose a copy of the proposal and briefly explain the details of this new pro- states: ‘‘The Chairman’s mark is the rages both here and abroad. Tragically, posal. product of an unprecedented bipartisan this bill only helps big tobacco pro- The new proposal embodied in the Chair- effort in which Congress and the ad- mote it. We could easily address this man’s mark represents a major departure ministration worked together both to problem by allowing for consideration from the FSC and, furthermore, a significant develop a proposal that is WTO compli- of the Doggett amendment to exempt evolution from the proposal I discussed with ant and to act quickly in an effort to manufacture of tobacco from the bill. you in May. This proposal directly addresses the issues raised by the WTO Appellate comply with the October 1 deadline set Instead, the bill was added to the sus- by the WTO.’’ pension calendar, which allows no Body. Further, it addresses additional con- cerns raised by the EU, as expressed in our He goes on to quote, ‘‘The House amendments and very limited debate. meeting on May 2, in your letter to me of Ways and Means Committee voted 34–1 Mr. Speaker, we have FSC exemption May 26, and in our telephone call of July 14. to support this legislation.’’ for national security. We have exemp- In compliance with the Appellate Body de- I believe what we are seeing worked tions to protect certain domestic in- cision, the FSC provisions are to be repealed out on the floor is the result of that 34– from the Internal Revenue Code. The new dustries. It is long overdue to have an 1 vote. exemption for public health. tax provisions embodied in the Chairman’s Let me say also to everyone in this The American taxpayers should not mark have the following key elements. country that when we are dealing on an be a partner in the export of death and The Chairman’s work provides an exclu- sion of tax on certain extraterritorial in- international basis, one of the things disease. We should not be enabling big come. Because this would be our general we need to do is to show bipartisan- tobacco to escape public health restric- rule, there is no foregone revenue that is ship. tions in our market by peddling ciga- otherwise due and thus no subsidy. I want to compliment the ranking rettes to children around the globe. Further, because it treats foreign sales I urge my colleagues to oppose this alike, whether the goods were manufactured member from New York who has done bill because the procedure does not in the U.S. or abroad, it is not export-contin- that. I want to compliment the chair- allow us to engage in a meaningful de- gent. Thus, a company would receive the man. bate on this issue or to vote on the same tax treatment on foreign sales regard- For those friends of ours who are lis- less of whether it exports. tening and not part of our system, I do Doggett amendment. The Chairman’s mark excludes qualifying Mr. ARCHER. Mr. Speaker, I yield 3 want to refer to a section of the Con- foreign trade income directly at the level of stitution. It is in Article I, section VI. minutes to the gentleman from Cali- the entity that produces the relevant good or fornia (Mr. THOMAS), a respected mem- produces the qualifying service. It does not To a degree, what is occurring here ber of the Committee on Ways and require foreign sales transactions to be rout- today is going to be covered, thank- Means. ed through separate offshore companies. fully, for some of the participants by (Mr. THOMAS asked and was given Thus it eliminates the Administrative Pric- that portion of section VI, which says: permission to revise and extend his re- ing Rules for transfer pricing between affili- ‘‘And for any speech or debate in either marks.) ated companies, which the EU alleged vio- House, they shall not be questioned in Mr. THOMAS. Mr. Speaker, I thank lated the arms length provision of the Sub- any other place.’’ sidies Agreement, Further, it eliminates the That is, on the floor of the House, we the chairman very much for yielding dividends received deduction. me the time. Likewise, this approach address EU con- are allowed to say certain things for Mr. Speaker, first of all, I want to cerns about alleged incentives to use low or which we can never be questioned any- compliment the chairman and the no-tax jurisdictions since a separated affil- where else. ranking member. There has been an iate would not be necessary for this exclu- As we discuss this bill and state- unprecedented degree of cooperation sion. ments are made, keep in mind the not only between the Democrats and The Chairman’s mark is the product of an speech-and-debate clause, which allows the Republicans in the House, but be- unprecedented bipartisan effort in which some folks to say what they are say- Congress and the Administration worked to- tween the House and the Senate and gether both to develop a proposal that is ing. the administration in responding to WTO compliant and to act quickly in an ef- Mr. STARK. Mr. Speaker, I yield 4 what is clearly a crisis in our inter- fort to comply with the October 1 deadline minutes to the gentleman from Oregon national responsibilities. set by the WTO. (Mr. DEFAZIO).

VerDate 12-SEP-2000 06:18 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.089 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7423 b 1645 ber; virtually half the Members are Mr. ARCHER. Mr. Speaker, they Mr. DEFAZIO. Mr. Speaker, this is an probably not even in town yet. They come forward now, claim secret clan- extraordinary debate, a $5 billion per are still enjoying the hospitality of destine negotiations, when we had a year perpetual tax break to the largest, some of our airlines. full, open markup in the Committee on most profitable corporations in the If it is an Endangered Species Act Ways and Means, as a matter of public world; forty minutes of debate and that provision, by God, we have to comply. record. As my colleague from Cali- is it. No amendments are allowed. If it is a Clean Air Act provision, by fornia said, the Constitution protects This bill was secretly negotiated, God, the U.S. has to comply. If we can whatever one wants to say on the floor this bipartisan group, very secret and make the Europeans eat beef that has of the House. small group, revealed to members of been treated with bovine growth hor- Mr. Speaker, I yield 2 minutes to the the committee on the same day that mone, which they have protested gentleman from Texas (Mr. SAM JOHN- the secret negotiations were concluded; against because of health concerns, by SON), a respected colleague and member perfunctory markup was held and now God, they have to comply. But when it of the Committee on Ways and Means. it is being rushed through. comes to corporate tax breaks, we will (Mr. SAM JOHNSON of Texas asked We cannot agree on marriage penalty not comply. and was given permission to revise and relief. We cannot agree on small busi- This is the highest and best use of extend his remarks.) ness relief. We cannot agree on inherit- trade policy. That is what it is all Mr. SAM JOHNSON of Texas. Mr. ance tax relief but, by God, the admin- about. Trade policy was written for, Speaker, listen, it is wrong, wrong, istration, the Republican leadership, by, and about the largest corporations wrong to say secret or totally Repub- they can put this one together behind in this country; and we will do any- lican. This was a measured response to thing behind closed doors or even here closed doors because it benefits the an injustice by the WTO and it was a on the floor of the House under very re- largest, most profitable corporations in measured response from the President, strictive conditions to defend those tax this country. from the Trade Commission, from the Over the last decade, almost $2 bil- breaks in the name of free trade. Democrats and from the Republicans. If you have a problem with the Euro- lion of these proceeds went to two com- This thing was not done in secret, pean tax system, file a complaint. An- panies, Boeing and General Electric, and it is for all businesses in this coun- swer that one. Why not file a com- mostly for arms manufacturers. Now, try that are legal. We should not ques- plaint against OPEC? They are vio- we need to help our arms manufactur- tion that. It is for America. lating the WTO. It is awfully strange ers. They already dominate the world Know what? This bill replaces the that we will not use this rules-based market, but we need to give them an- FSC in its entirety. It changes it. In its organization. Well, we are told we had place, it adopts key features of the cer- other leg up because not 100 percent of a gentleman’s agreement on taxes, gen- the arms being bought out there by our tain European tax systems moving the tleman’s agreement. United States closer to a territorial enemies and our allies are U.S. made I voted against entering into the system. It eliminates administrative yet. We have to give them a leg up. WTO. I never heard any discussion on pricing rules which the European The pharmaceutical manufacturers, the floor about gentleman’s agree- Union objected to. Most importantly, well, they need an incentive to export ments that were binding as part of this this legislation is not export contin- because overseas they sell drugs cheap- that went to the Tax Code. Pretty gent. er than they sell them to the Ameri- strange way to have an enforceable I sincerely hope that this legislation cans who subsidize their manufacture rules-based trade agreement with gen- will end our dispute with the European here. So we have to give them a little tlemen’s agreements that no one Union. They must understand they tax break to export those cheap drugs knows about. to foreigners but not provide affordable If you have a problem with the Euro- cannot use the WTO to impose a per- drugs here at home. peans, file a complaint. Do not use the manent tax advantage over United The tobacco companies, of course we tax dollars of American taxpayers to States companies. We are doing this for want to export tobacco. Maybe that continue this outrageous subsidy, dou- America, for the people of America, for will hurt the productivity of our com- ble the subsidy to arms manufacturers, the businesses in America. God bless petitors around the world as they be- extend it to pharmaceuticals and to- America. Mr. STARK. Mr. Speaker, I yield 5 come sick and die from this product bacco. It is outrageous. that is being promoted through this Mr. ARCHER. Mr. Speaker, I yield minutes to the gentleman from Texas tax break. myself such time as I may consume to (Mr. DOGGETT) to discuss a bill which is This is outrageous. We are taking $5 briefly respond to the gentleman from not yet complete and which nobody in billion of hard-earned taxpayers’ this room has read. Oregon (Mr. DEFAZIO). money and shifting it to some of the The gentleman speaks passionately Mr. DOGGETT. Mr. Speaker, God largest, most profitable corporations in but he does not speak the facts, and bless America and God bless the de- this country under the dubious as- passion is no substitute for the facts. mocracy that involves public participa- sumption that somehow this is coun- The facts are that the current law al- tion—a concept at the core of what our tering unfair things the Europeans are ready gives incentives to overcome the American government is all about. doing. If they are doing unfair and ille- double taxation that our corporations Such public participation was not very gal things, you people wanted this face competing overseas, and this re- evident in the process that produced rules-based trade agreement, you want- places that in the code. It does not cost this bill. ed a WTO with a secret, deliberative $5 billion. He knows that. This bill was conceived behind closed body that would adjudicate these com- If there is such opposition to the ex- doors with no public participation, no plaints. I did not. I voted against it. isting incentives that are in the code public hearings, no public involvement. Well then file a complaint against or the reduction of the barriers that It was designed to continue what is, in the Europeans. Do not extend an unfair are in the code, why were they not out essence, a legal scheme of tax avoid- subsidy that does not even meet the front a long time ago? Why are there ance for the world’s largest corpora- laugh test. This does not comply with not amendments offered over and over tions by channeling some of their prof- the last ruling. The Europeans will again in committee? And they were its through foreign tax havens. still get to penalize U.S. industries if not. This bill is basically a product of this goes into effect, and they may well Mr. DEFAZIO. Mr. Speaker, will the meetings between the Treasury Depart- not penalize with tariffs the industries gentleman yield? ment and those who benefit from the that are getting the tax break. Other Mr. ARCHER. I do not have the time, tax subsidy. The lobbyists have met U.S. manufacturers might be hurt. as the gentleman knows. with the Treasury Department, but the You are doing this country a double Mr. DEFAZIO. I did introduce legisla- Treasury Department official respon- disservice today with this legislation. tion to repeal these provisions of law. sible for the bill was unwilling to an- It is extraordinary that this would be The SPEAKER pro tempore (Mr. swer questions in public from even the rushed through in this manner while STEARNS). The gentleman is not recog- members of the Committee on Ways there is virtually nobody in this Cham- nized. and Means.

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.091 pfrm02 PsN: H12PT1 H7424 CONGRESSIONAL RECORD — HOUSE September 12, 2000 I voted for this bill in committee. I unable to say that this foreign manufactured Mr. ARCHER. Mr. Speaker, I yield 30 am committed to promoting inter- product will not qualify for special tax relief. seconds to the gentleman from Michi- national trade, but it was a very con- If one has a Marlboro cigarette that does gan. trived circumstance that produced this not have one percentage point of tobacco (Mr. LEVIN asked and was given per- bill, and the arrogance and the decep- from American tobacco farmers in it but one mission to revise and extend his re- tion associated with this bill as well as slaps ``Marlboro'' on it, and that gives it more marks.) the additional information that I now than 50 percent value, it qualifies for a tax Mr. LEVIN. Mr. Speaker, let me try have about this bill cause me today to break. If one has a zocor tablet that is manu- quickly to put this in perspective. The reconsider my position and to oppose factured outside the United States but one U.S. has a worldwide taxation system; strongly H.R. 4986. puts ``zocor'' on it and adds 50 percent of the we tax income on earnings wherever This bill is not actually the bill that value, it qualifies for a tax break. earned. The Europeans have a terri- our committee considered. Rather this Every one of those under this bill is going to torial system, and I will not go into a is a bill that the lobby has massaged receive a special tax subsidy, and that is not lot of detail. In essence, what that does for another few weeks after the initial going to help American workers, and it cer- is to favor exports over other trans- bill was approved in the Committee on tainly is unfair to American consumers who actions, especially domestic trans- Ways and Means. This particular have to pay the highest pharmaceutical costs actions, so they have a system that version has never had a hearing or a in the entire world; to pay a higher cost here nurtures exports. vote. There are not three Members on and then to add insult to injury by being forced We responded by creating a system, a this floor today that can say they have to provide a tax subsidy on top of that for the DISC system that was an effort to put even read the particular bill that is be- pharmaceutical company to sell it to someone our producers of goods, manufacturing fore us today. else at a lesser price in another country. goods and agricultural goods, on a level The cost of this bill, however, is $4 It is particularly outrageous that this bill playing field with Europe. It went into million to $6 million, according to the would be taken up on the floor of the Con- effect, and it lasted for a couple of dec- best estimates we can get: every year gress on the very day that a new study is an- ades; and then it was decided by the that has to be made up by other Amer- nounced showing that tobacco is even more European community, I think, partly ican taxpayers. With this bill, the Con- addictive for children than we ever knew pre- tactically to challenge it, and the WTO gress would be saying basically that viously. Only a couple of weeks of contact said it was an illegal subsidy. So what local stores that sell groceries or with cigarettes can addict children to a life of we are faced with is an October 1 dead- clothes to people on any Main Street or nicotine, posing the resulting threat of death line; and it is being faced by producers at any mall in America, those busi- and disease, very painful disease. of goods, manufacturing goods and ag- nesses would have to pay higher taxes This bill allows Phillip Morris to continue ricultural goods. so that multinational corporations marketing to children around the world and We have been striving to find a re- that sell tobacco and cigarettes and addicting them as a part of what is becoming placement, and now we have one here machine guns abroad can pay lower a pandemic that will kill 10 million people facing the October 1 deadline. I want to taxes. every year in this world as a result of our pro- make it clear this bill does not provide Even then, an independent analysis motion of tobacco. Today the American people an incentive for U.S. producers to move of this bill by the Congressional Re- are asked to be an unwilling accomplice, to their operations overseas. No more, search Service says that it has ‘‘a neg- give $100 million a year to Phillip Morris and under this provision, than 50 percent of ligible effect on the trade balance.’’ the other big tobacco companies that are in the fair market value of such property That its overall impact in creating the addiction business to go around the world can consist of a non-U.S. component trade is practically nil. promoting their tobacco to other people's kids. plus non-U.S. direct labor. Now, it was suggested that only some Well, those other children of the world have This provision has been carefully re- ill-informed people here on the floor value, too, and we ought to be concerned viewed by Democrats, by Republicans, were condemning this bill as corporate about their health and their lives. We certainly by the Treasury Department, and by welfare. Well, perhaps the gentleman is ought not to encourage these tobacco compa- outside groups. Let me be clear, if we unfamiliar with the recommendation nies with $100 million per year in tax subsidy fail to enact this bill by October 1, and of his own Republican Congressional to cause death and disease for children that is the constraint we are under, Budget Office, I think for about 3 years around this world. there is a serious risk that the EU will in a row, suggesting that the Foreign Mr. ARCHER. Mr. Speaker, I yield 5 go back to the WTO and seek authority Sales Corporation Act be repealed just minutes to the gentleman from New to retaliate by raising tariffs on poten- as the gentleman from Oregon (Mr. York (Mr. RANGEL), the minority lead- tially billions of dollars of goods made DEFAZIO) has proposed in his own sepa- er of the Committee on Ways and in the U.S. and exported from the U.S., rate legislation. Perhaps he did not lis- Means, and I ask unanimous consent causing great harm to the U.S., both ten to Senator JOHN MCCAIN on ABC’s that he be able to yield the time as he businesses, workers and farmers. This Week when in February he said he sees fit. Look, there are other issues, tobacco was opposed to the Foreign Sales Cor- The SPEAKER pro tempore. Is there issues, pharmaceutical issues. They poration Act. objection to the request of the gen- cannot be considered within this con- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tleman from Texas? text. If we need to amend U.S. laws, we The SPEAKER pro tempore. The gen- There was no objection. can do so later on. We have a con- tleman from Texas (Mr. DOGGETT) will straint, October 1; and if we fail to act b 1700 refrain from characterizing positions of by that date, we are going to hurt individual Senators. Mr. RANGEL. Mr. Speaker, I yield American businesses and the workers The gentleman may proceed. such time as she may consume to the who work for them; and we are simply Mr. DOGGETT. A distinguished Ari- gentlewoman from the Virgin Islands going to help European competitors, zona citizen commenting on ABC’s (Mrs. CHRISTENSEN). nothing to do with tobacco, nothing to This Week program made very clear (Mrs. CHRISTENSEN asked and was do with pharmaceuticals, nothing at his opposition to foreign sales corpora- given permission to revise and extend all. tions, as did the Washington Times her remarks.) If we want to help European pro- which referred to the bipartisan in- Mrs. CHRISTENSEN. Mr. Speaker, I ducers, vote against this. If we want to volvement, called it ‘‘an almost unani- rise to express my views on the adverse help American workers, businesses, mous blunder.’’ Let us be very clear effect that the loss of FSC will have to manufacturing goods, we are not talk- about what this bill does. my district, but I am in support of H.R. ing about services, vote in favor of this An eligible product need have little or no 4986. bill; and then we will go on to these U.S. manufactured content in order to qualify Mr. RANGEL. Mr. Speaker, I yield other issues at some other point. for this special new tax treatment. If one has 21⁄2 minutes to the gentleman from Mr. RANGEL. Mr. Speaker, I yield a pair of Levis and it is made entirely outside Michigan (Mr. LEVIN), the ranking myself the balance of my time. the United States but one slaps on a label that Democrat on the Subcommittee on Mr. Speaker, I think it is great that says ``Levis,'' under this bill's supporters are Trade. we in the Congress can take issue with

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.139 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7425 our domestic policy, our foreign policy, ing by the WTO in an effort to expedite Wide ranging agreement exists that FSCs our trade policy. That is what makes this action is actually an effort that have long been a tax windfall to companies America such a great country, and we purports to repeal the corporate tax like Boeing, GM, Big Tobacco, many in the should always be able to challenge the subsidy called the Foreign Sales Cor- pharmaceutical industry, and other corporate procedure in which legislation is poration. giants, as exporting companies need only set brought to the House, but I know that Unfortunately, what happens when up an offshore paper subsidiary to receive the sometimes when I have series problems we turn around we are going to actu- tax benefit. And what a benefit it is: in the with my country’s foreign policy, one ally increase this subsidy. There has 1990's alone, this single loophole cost tax- place I do not have a problem with it, been little dispute and far-ranging payers more than $10 billion, with $8 billion of and that is in foreign countries. This is agreement that existing FSCs have that flowing to the very largest corporations, all not a question of liberals against con- long been a tax windfall to companies for simply funneling sales through an offshore servatives, Republicans against Demo- like Boeing, General Motors, Big To- office. crats, or the Congress against the ad- bacco, many in the pharmaceutical in- In an effort to comply with the WTO ruling ministration. It is the European Union dustry and other corporate giants. As last February deeming FSCs to be an illegal that has challenged us, and we can bet they export, those companies need only export subsidy, H.R. 4986 would replace our life, they are not concerned with set up offshore paper companies and FSCs with an even worse tax boondoggle, this our economic health. subsidiaries, and they receive the ben- time without the paper subsidiary. They are not concerned with pharma- efit. And that has been a pretty sub- Adding insult to injury, the publication ``In- ceuticals. They are not concerned with stantial benefit, the single loophole side U.S. Trade'' recently reported that sup- arms. They are concerned in having a that cost taxpayers more than $10 bil- porters of the bill have admitted that compa- better-than-an-equal chance to com- lion, with $8 billion of that flowing to nies could qualify for the tax preference even pete against the United States of the very largest corporations all for if little or no physical production actually oc- America. simply funneling it through an offshore curs in the U.S. For example, a blue-jean We had plenty of opportunity to office. company could relocate its operationsÐand work out our differences. We had ap- Adding insult to injury, the publica- American jobsÐabroad, produce a entirely for- proaches that we have taken to them, tion Inside U.S. Trade recently re- eign-manufactured product, and still receive and this is one time that we came be- ported that supporters of this bill have this subsidy financed by American taxpayers, hind the administration and said try to admitted that companies could qualify simply by slapping its American brand-name work this out and avoid an economic for the tax preference now even if little on the tag. Since this tax break was originally crisis. And it has been rejected. or no physical production actually oc- written with the express purpose of keeping What the administration has asked curs outside the United States. For ex- jobs here in the United States, such an expan- those of us on the Committee on Ways ample, a bluejean company could relo- sion of the provision would appear to be the and Means to do is to come together cate its operations and American jobs product of corporate pandering at its very with a piece of legislation, to say that abroad, produce an entirely foreign- worst. we stand behind the United States of manufactured product and still receive Now Congress is proposing to expand it by America in trying to resolve the dif- this subsidy financed by American another $1.5 billion over the next five years, ferences we have with the European taxes simply by slapping its American on top of $15.6 billion the loophole already will Union and the World Trade Organiza- brand name on the tag. cost taxpayers. tion. Since this tax break was originally As my colleague from Texas, Mr. DOGGETT If we do nothing, if we debate among written with the expressed purpose of has argued, this bill also amounts to a $100 ourselves, if we say let us see what is keeping jobs here in the United States, million subsidy to the Tobacco Industry to going to happen, then sanctions come such an expansion of the provision market their products to children around the against us; and there is no other body would appear to be the product of cor- world, a practice they are rightfully forbidden for us to take this to. I think it is a poration pandering at its very worst. to do here in the U.S. And, as my colleague great country. We have internal dif- Congress is proposing to expand it by from California, Mr. STARK correctly argues, ferences, political differences, and they another $1.5 billion over the next 5 this bill actually subsidizes pharmaceutical should be worked out; but it just seems years, on top of the $15.6 billion the companies to charge less for prescription to me that when other countries are loophole has already cost taxpayers. As drugs overseas than they do here in the U.S., challenging our country, whether they the gentleman from Texas (Mr. where such drugs prices have skyrocketed out are challenging our foreign policy or DOGGETT), my colleague, pointed out, of the range of what many Americans seniors whether they are challenging our trade this bill amounts to a $100 million sub- can afford. policy, when that flag goes up with the sidy to the tobacco industry to market As the EU rejected the terms of H.R. 4986 United States of America, that the their products to children around the last month (with the WTO likely soon to fol- President should be supported by the world, a practice that they are right- low), it sends the wrong message to WTO, im- administration, and this Congress fully forbidden from doing here in the plying that we do not wish to seriously nego- should support the administration. United States. tiate terms of compliance. It subsidizes cor- We are a long way from resolving And as the gentleman from Cali- porations that do not need subsidizing. It sub- this issue; but if we do nothing and find fornia (Mr. STARK), my colleague, ar- sidizes corporations that should not be sub- that our corporations are unable to ef- gues correctly, this bill actually sub- sidized. And perhaps more importantly, were fectively compete, we will not have the sidizes pharmaceutical companies to Congress to approve this bill, it would rep- opportunity to say but we had concerns charge less for prescription drugs. resent exactly the sort of behavior which so about the policy. I hope nobody in this With all due respect, this is not an often leaves voters cynical with regard to polit- Chamber ever is completely satisfied argument about us against them, it is ical process, further giving evidence to the ar- with any policy of any administration, an argument about the workers in this gument that it is corporations, not the people, but there has to come a time when we country and setting things straight and whose interests Congress represents. do come together to say America first, not pandering to corporate interests. Second, while exports are, indeed, in- America first with exports for the jobs Mr. STARK. Mr. Speaker, I yield my- creased, such a subsidy actually triggers inter- that are provided and America when self such time as I may consume. national exchange-rate adjustments, which that flag goes up. Mr. Speaker, I include for the has the effect of increasing U.S. imports as Mr. STARK. Mr. Speaker, I yield 2 RECORD my dissenting views on the well, leaving the impact on the trade deficit minutes to the gentleman from Massa- bill. negligible at best, as witnessed by the recent chusetts (Mr. TIERNEY). Mr. Speaker, today, in an effort to complyÐ news that the trade deficit had hit an all-time Mr. TIERNEY. Mr. Speaker, I thank unsuccessfully, it appearsÐwith a February high. the gentleman from California (Mr. ruling by the WTO, the majority is suspending Lastly, the entire legislative process regard- STARK) for yielding time to me, and I its usual rules to expedite a vote on H.R. ing H.R. 4986 has been the worst sort of want to say that today this is sup- 4986, a bill that purports to repeal a corporate backroom dealing with industry virtually writing posedly an effort on the part of the tax subsidy called the ``Foreign Sales Corpora- the bill and many House Members of the com- United States to comply with the rul- tion'' (FSC). mittee of jurisdiction, Ways and Means, shut

VerDate 12-SEP-2000 06:18 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 9920 E:\CR\FM\K12SE7.097 pfrm02 PsN: H12PT1 H7426 CONGRESSIONAL RECORD — HOUSE September 12, 2000 out of the process. Additionally, leadership in FSC tax benefits go to companies with assets massive subsidies to weapon manufacturers, both parties, with the blessing of the Adminis- exceeding $1 billion. Another study based on granting additional tax breaks to an indus- tration, hoped to expedite the process by shut- a sample of corporate financial statements try that is being so pampered by the U.S. published in Tax Notes, August 14, 2000, indi- government makes no sense.’’ tling the bill through Congress with limited de- cates that, ‘‘the top 20% of FSC beneficiaries With no evidence to warrant its action, the bate and no amendments. (ranked by size of reported FSC benefit in Committee rejected fiscal responsibility in While the U.S. should conform to WTO 1998) obtained 87% of the FSC benefits.’’ favor of wholly unjustified preferential tax guidelines by the October 2000 date the orga- Moreover, there is substantial question as treatment that means millions in savings to nization has set, this corporate welfare bill is to the benefits that Americans truly will re- defense contractors. This costly decision is certainly not the right approach, substantively ceive from this legislation. The Congres- also bad for our country’s true security in- or tactically. sional Research Service summarized the terests. Instead of subsidizing arms pro- most recent Treasury analysis of the Foreign motion, our nation should be encouraging Not only is the argument that FSCs are not arms control. American armaments too a subsidy not credible, but the arguments that Sales Corporation tax benefit by concluding that ‘‘[r]epealing this provision would have a often contribute to one arms race after an- VATs are, verges on laughable. VATs are negligible effect on the trade balance.’’ other around the globe. equivalent to an added sales tax that Euro- Treasury determined that such a repeal Doubling this subsidy only encourages the pean countries rebate to companies when would reduce U.S. exports by 3⁄10 of one per- sales of more arms overseas and creates such goods are exported. Since the U.S. cent and U.S. imports by 2⁄10 of one percent. more challenges to the maintenance of our own ‘‘military superiority’’—and, of course, doesn't apply a sales tax to exports in the first ENCOURAGING FOREIGN ARMAMENTS SALES place, the argument is effectively moot. more pressure for additional costly increases Because the benefits to ordinary Ameri- in the defense budget. As Lawrence Korb, The rationale behind tax policy such as FSC cans of this costly tax advantage are at best President Reagan’s Assistant Secretary for is that it encourages other countries to buy our remote, every aspect of this law deserves the Defense for Manpower, Reserve Affairs, In- exports by bringing prices down (for for- type of scrutiny that was wholly lacking stallations and Logistics, has said: eigners) and thus reduces the trade deficit. during committee consideration. One glaring It has become a money game: an absurd But here, too, its defenders' argument is not example of both what is wrong with this leg- spiral in which we export arms only to have supported by the facts. In the first place, to the islation and what is wrong with the process to develop more sophisticated ones to that produced it is the generosity shown to extent that export prices actually fall, this is a counter those spread out all over the world arms manufacturers. Their tax savings are . . . It is very hard for us to tell other peo- transfer of benefits from U.S. taxpayers to for- doubled by this bill. The supposed justifica- ple—the Russians, the Chinese, the French— eign consumers. tion for such largesse to those who promote not to sell arms, when we are out there ped- Mr. Speaker, I yield such time as he arms sales abroad was previously rejected by dling and fighting to control the market. may consume to the gentleman from the Treasury Department in August 1999: Former Costa Rican President and 1987 Texas (Mr. DOGGETT). We have seen no evidence that granting Nobel Peace Prize winner, Oscar Arias offers (Mr. DOGGETT asked and was given full FSC benefits would significantly affect another reason for rejecting the Committee’s permission to revise and extend his re- the level of defense exports, and indeed, we decision to increase the arms subsidy: marks.) are given to understand that other factors, By selling advanced weaponry throughout such as the quality of the product and the the world, wealthy military contractors not Mr. DOGGETT. Mr. Speaker, I in- quality and level of support services, tend to only weaken national security and squeeze clude for the RECORD additional views dominate a buyer’s decision whether to buy taxpayers at home but also strengthen dic- that I offered individually to the Com- a U.S. defense product. tators and human misery abroad. mittee on Ways and Means report on Ironically, in 1997, the Congressional Budg- H.R. 4986 and the additional views that et Office, whose director was appointed by ADDITIONAL VIEWS BY MESSRS. DOGGETT, I offered on behalf of myself, the gen- Republican leaders had reached a similar LEWIS AND STARK tleman from Georgia (Mr. LEWIS), and conclusion: PROMOTING TOBACCO RELATED DISEASE AND U.S. defense industries have significant ad- the gentleman from California (Mr. DEATH vantages over their foreign competitors and The way in which this legislation was STARK) to the same report. thus should not need additional subsidies to rushed through the Committee avoided any Mr. Speaker, I also include for the attract sales. Because the U.S. defense pro- explanation as to why American taxpayers RECORD a copy of the story in today’s curement budget is nearly twice that of all should continue to subsidize the tobacco in- Washington Post entitled ‘‘Tobacco Ex- Western European countries combined, U.S. dustry, whose product actually kills one- ports Get Aid in Bill Set for House industries can realize economics of scale not third of the people who use it. The Com- Vote.’’ available to other competitors. The U.S. de- mittee ignored the pleas of the American fense research and development budget is Medical Association, the American Cancer ADDITIONAL VIEWS BY MR. DOGGETT five times that of all Western European Society, the American Heart Association, In what is hardly a model of the way the countries combined, which ensures that U.S. Campaign for Tobacco-Free Kids, and other democratic process should operate, this leg- weapon systems are and will remain techno- public health groups that tobacco should be islation has involved no public participation, logically superior to those of other suppliers. denied a tax benefit. It also rejected the no hearings, and no involvement of any but Even the Department of Defense conceded written request of 97 Members of Congress a handful of Committee members. This bill is the same in 1994: that tobacco be excluded. basically a product of meetings between the The forecasts support a continuing strong Nicotine addiction represents a public Treasury Department and groups that will defense trade performance for U.S. defense health crisis. Within 20 years, almost 10 mil- benefit from preferential tax treatment. The products through the end of the decade and lion people are expected to die annually from Chairman even went so far as to attempt to beyond. In a large number of cases, the U.S. tobacco-related illnesses. Seventy percent of preclude the Committee members from mak- is clearly the preferred provider, and there is these deaths will occur in the developing ing comments or offering amendments. The little meaningful competition with suppliers countries that are being targeted by big to- members were even denied the right to ques- from other countries. An increase in the bacco’s continued addiction to making tion Secretary Eizenstat, the principal Ad- level of support the U.S. government cur- money at the expense of human lives. In ministration official responsible for this bill. rently supplies is unlikely to shift the U.S. fact, tobacco will soon become the leading The cost of this legislation to the Treas- export market share outside a range of 53 to cause of disease and premature death world- ury, which must be paid for by American 59 percent of worldwide arms trade. wide—bypassing communicable diseases such taxpayers, is between $4 billion and $6 billion In 1999, without the bonanza provided by as AIDS, malaria and tuberculosis. per year, and growing. In response to the Eu- this bill, US defense contractors sold almost Instead of being accountable for its deadly ropean community’s criticism that tax ad- $11.8 billion in weapons overseas—more than products, the tobacco industry has responded vantages to American businesses are illegal, a third of the world’s total and more than all by conspiring to undermine the efforts of the this legislation seeks to generously increase European countries combined. World Health Organization to cope with this those advantages by $300 million a year. A paper prepared for the Cato Institute in global pandemic. During recent litigation, With this legislation, the Committee has August 1999 by William D. Hartung, Presi- Philip Morris was forced to produce docu- basically made a public policy statement dent’s Fellow at the World Policy Institute, ments, which can be found at the Minnesota that local stores, which sell groceries or highlights the bad judgment shown here: ‘‘If Tobacco Document Depository, stating that clothing to customers within our country, the government wanted to level the playing the company sought to ‘‘discredit key indi- should pay higher taxes than multinational field between the weapons industry and viduals’’ and ‘‘allocate the resources to stop corporations, which sell cigarettes or ma- other sectors, it would have to reduce weap- [WHO] in their tracks.’’ An August 2000 WHO chine guns abroad. Contrary to proponents’ ons subsidies, not increase them.’’ (These report entitled, Tobacco Company Strategies arguments that small and medium sized subsidies include thousands of federal em- to Undermine Tobacco Control Activities at businesses share significantly in this tax ployees at the Pentagon and other agencies the World Health Organization states: break, the Internal Revenue Service Statis- whose very purpose is to increase arms The [industry] documents also show that tics of Income Division reports that 78% of sales.) He continued, ‘‘Considering those tobacco company strategies to undermine

VerDate 12-SEP-2000 05:21 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.059 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7427 WHO relied heavily on international and sci- generally supported the amendment to re- the 1-hour anniversary since this bill entific experts with hidden financial ties to move tobacco from the export subsidy list. was printed, at 4:09 this afternoon, to the industry. Perhaps most disturbing, the But a House Democratic aide familiar with celebrate that momentous occasion to documents show that tobacco companies the matter said White House officials did not close debate on this in opposition. quietly influenced other U.N. agencies and attempt to dismantle the program’s tobacco representatives of developing countries to subsidy for fear of jeopardizing bipartisan ac- Mr. DOGGETT. Mr. Speaker, to those resist WHO’s tobacco control initiatives. cord on the legislation. ‘‘The administration who say it is not significant, nor Geoffrey C. Bible, Chairman of Philip Mor- is caught a little bit between a rock and a should it be debated today that the ris, a company that has often hidden its ma- hard place,’’ the aide said. American taxpayers will be asked to be licious tobacco influence through its hold- A senior administration official said yes- unwilling accomplices to the tobacco ings in Kraft Foods, even wrote in 1988 of the terday that Doggett’s amendment was ‘‘con- industry at a cost of $100 million per ‘‘need to think through how we can use our sistent with our tobacco policy’’ but said the year; that the pharmaceutical industry food companies [to help governments] with administration went along with House Ways will get about $123 million per year as their food problems and give us a more bal- and Means Committee Chairman Bill Archer anced profile with the government than we (R-Tex.) in the position ‘‘that no amend- a reward for selling pharmaceuticals at now have against WHO’s powerful influ- ments be added to the legislation to ensure lower prices abroad than they do here ence.’’ it be passed on a timely basis.’’ at home; that military contractors will The tobacco industry certainly cannot jus- Trent Duffy, spokesman for Archer, said get a doubling of their tax subsidy tify the public subsidy offered through this Democrats and Republicans alike agreed to under this bill as they sell machine proposed legislation. Philip Morris, R.J. Rey- preserve the general subsidy program to guns and land mines and other arma- nolds, and Brown and Williamson have ac- compensate for European countries’ favor- ments around the world to fuel the quired tremendous marketing expertise from able tax treatment of their companies’ ac- decades of success in targeting American tivities abroad. Duffy said the provisions in world’s arms races; that all of these children. This offers them tremendous ad- the bill ‘‘are the only way we can stay com- things should be ignored, because in vantage over foreign competitors in addict- petitive with our competitors overseas.... order to protect American jobs, we ing children around the world; they hardly Once you start changing who receives the have to beat the clock before October 1, need help from the American taxpayer in benefit of this regime, then you get into re- one wonders why it is that we do not order to spread death and disease to children writing United States tax law, and that’s not even have this bill presented until 4:09 in developing countries. what this is about.’’ in the afternoon on September 12, if Philip Morris spends millions in American The export bill deals with a long-standing we, indeed, face such a crisis. In fact, television advertising to contend that it no trade dispute with the European Union. The longer markets to youth. It finally claims to Europeans have complained that the cor- we do not face such a crisis. have abandoned tobacco company billboards, porate tax breaks now offered to American The United States has never asked transit ads, cartoon characters, cigarette- exporters constitute an illegal export sub- the Europeans for an extension of this branded apparel and merchandise, paid sidy, and the World Trade Organization deadline in order to explore other al- placement of its products in movies and tele- agreed with this position. The bill before the ternatives, and our country has every vision shows, and most brand sponsorship of House today would address those concerns, right to make that request. An opinion team sports and entertainment events. But, though EU officials say little has changed. article in an authority no more ex- it has steadfastly declined to apply these When the bill came before the Ways and treme than Business Week on Sep- modest safeguards in its international oper- Means Committee in July, the American ations; indeed, it relies heavily on these and Medical Association, the Campaign for To- tember 4 correctly said ‘‘it’s time to other tactics to target the world’s children. bacco-Free Kids and other public health or- call a halt to such waste by both sides Both petroleum and unprocessed timber ganizations lobbied to remove tobacco from . . . the administration should drop its are excluded from this legislation. Yet to- the subsidy list, but the bill passed un- plan to expand FSC, get back to the ne- bacco, the single largest public health men- changed with little public debate. gotiating table, and start proposing ace, will continue to be subsidized at a cost Democratic Ways and Means Committee some real solutions such as eliminating to American taxpayers of about $100 million members Doggett, John Lewis (Ga.) and export subsidies.’’ per year. This legislation constitutes just Fortney ‘‘Pete’’ Stark (Calif.) published a Mr. ARCHER. Mr. Speaker, I yield another way of forcing American taxpayers sharp critique of the bill’s handling as part to be partners in this export of death and of the committee report on the legislation. such time as he may consume to the disease. Little wonder that there was so They pointed out that both petroleum and gentleman from Pennsylvania (Mr. much eagerness to silence discussion of this unprocessed timber do not qualify for the ex- ENGLISH). disgrace. port tax incentives although tobacco does. Mr. ENGLISH. Mr. Speaker, I rise in ‘‘This legislation constitutes just another strong support of this legislation. [From the Washington Post, Sept. 12, 2000] way of forcing American taxpayers to be Mr. Speaker, the international playing field is TOBACCO EXPORTS GET AID IN BILL SET FOR partners in this export of death and disease,’’ titled against our employers and their workers. HOUSE VOTE they wrote. Critics of the subsidies said they Without the Foreign Sales Corporation rule (By Marc Kaufman) would try to remove them when the bill in our tax code, the situation will only be made comes up for consideration in the Senate. The Clinton administration has never been Sales of cigarettes have been stable or de- worseÐto the point of being intolerable. shy about trying to cut smoking in the clining in the U.S. market for some time, With the World Trade Organization's ruling United States. But in a move that has con- but rose dramatically abroad until last year. disallowing FSC, we face a double edge founded its usual allies, the administration Tobacco is now a $6 billion export industry. sword. is backing an export subsidy bill this year Today’s administration support of the ex- By refusing to repeal the FSC, the United that would give American tobacco compa- port bill with tobacco subsidies contrasts States will be inviting massive retaliation nies about $100 million in tax breaks yearly sharply with earlier efforts to reduce govern- for tobacco products they sell abroad. against U.S. export trade but if we repeal FSC ment support for tobacco sales abroad. The without adopting alternative legislation, our ex- The bill, which is scheduled for a full administration sent cables to all American House vote today, would continue subsidies embassies last year directing them not to porters and their employees will be left high for many American industries at a cost of promote cigarette sales because of public and dry. between $4 and $6 billion annually. While health concerns. I urge my colleagues to support the Foreign these tax incentives have generally sparked Doggett plans to denounce the tobacco Sales Corporations Extraterritorial Income Ex- little opposition in Congress, the willingness subsidy in today’s House debate, and said he clusion Act of 2000, which corrects the prob- to continue export subsidies for tobacco has may vote against the entire export subsidy lems that the WTO had with FSC while pro- sparked criticism from public health advo- bill because of its inclusion. His earlier cates and other industry critics. tecting American workers. amendment eliminating the tobacco subsidy This legislation grandfathers transactions ‘‘I think it’s a very difficult position for had won the support of 96 other representa- the administration to explain,’’ said Rep. tives, mostly Democrats. begun prior to Oct. 1 and allows for manufac- Lloyd Doggett (D-Tex.), who tried unsuccess- But Democrats are unlikely to have a turing and/or a binding contract to continue fully to deny the subsidy to tobacco compa- chance to change the bill once it reaches the under current FSC law until the end of next nies in the Ways and Means Committee. House floor. It is slated to be brought up year. ‘‘What we’re doing here is promoting and under suspension of the rules, which requires FSC was made necessary only because the subsidizing the sale of cigarettes to people a two-thirds vote for approval with no U.S. maintains an archaic worldwide tax sys- abroad, and I find it unacceptable for that to amendments allowed. be American policy.’’ tem which taxes foreign-source income and Doggett said that during the White House Mr. STARK. Mr. Speaker, I yield 1 because the U.S. taxes export income. lobbying for the China trade bill earlier this minute to the gentleman from Texas Allowing FSC to stand or abolishing it will year, President Clinton had told him that he (Mr. DOGGETT), noting that it is now make an already tough global market next to

VerDate 12-SEP-2000 06:18 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 9920 E:\CR\FM\A12SE7.061 pfrm02 PsN: H12PT1 H7428 CONGRESSIONAL RECORD — HOUSE September 12, 2000 impossible to compete in for U.S. employers. budget deficit, as of January of last year was The WTO then, in its administration of the We must act now to avoid putting American estimated to be in excess of $250 million and trade war, permitted the United States to put workers onto a playing field for which they are the Government's debt obligations has on punitive tariffs on over $300 million worth not equipped. reached an unimaginable $1.12 billion. of products coming in to the United States Mr. ARCHER. Mr. Speaker, I yield While Virgin Islands Governor Turnbull has from Europe. This only generated more Euro- myself the balance of the time. made strides in addressing this problem, the pean anger who then objected by filing against Mr. Speaker, there has been a great loss of revenues generated by FSC's to our the United States claiming the Foreign Sales deal of rhetoric today on the floor, but Territory will be a major blow. Corporation tax benefit of four billion dollars to let us try to cut through all of it. If I am therefore looking forward to working our corporations was ``a subsidy''. this bill does not pass, the FSC provi- with Chairman ARCHER and Ranking Member On this issue the WTO ruled against the sions that have been railed against by RANGEL to find a way to assist us in replacing United States both initially and on appeal. We the opponents will continue to be in the loss of revenue that this bill will mean to have been given till October 1st to accommo- the law. None of that will change. the Virgin Islands. I hope for the support of all date our laws to the demands of the WTO. What they call a subsidy, which is ac- my colleagues in this effort. That's the sole reason by this legislation is tually a reduction of the impediment Mr. PAUL. Mr. Speaker, H.R. 4986, brought on the floor today. of double taxation on our companies, up under suspension, deserves serious con- H.R. 4986 will only anger the European will still be in the law. Nothing will sideration by all Members. Union and accelerate the trade war. Most like- change. They act like suddenly every- There are three reasons to consider voting ly within two months the WTO will give per- thing will change, but what will hap- against this bill. First, it perpetuates an inter- mission for the Europeans to place punitive pen is this: American products will national trade war. Second, this bill is brought tariffs on hundreds of millions of dollars of have sanctions put against them be- to the floor as a consequence of a WTO ruling U.S. exports. These trade problems will only tween $4 billion and $40 billion a year against the United States. Number three, this worsen if the world slips into a recession when by the Europeans, all justified by the bill gives more authority to the President to protectionist sentiments are strongest. Also, WTO. And who will then be hit? issue Executive Orders. since currency fluctuations by their very nature Although this legislation deals with taxes Will it be the big corporations? The stimulate trade wars, this problem will continue and technically actually lower taxes, the rea- first sanction will be on agriculture. with the very significant weakness of the son the bill has been brought up has little to Our farmers will be hit. Then they will EURO. do with taxes per se. To the best of my knowl- put sanctions on man-made staple fi- The United States is now rotating the goods edge there has been no American citizen bers. Our textile industry will be hit. that are to receive the 100 to 200 percent tariff making any request that this legislation be Then they will put sanctions on cotton in order to spread the pain throughout the var- brought to the floor. It was requested by the and yarns and woven fabrics. Then they ious corporations in Europe in an effort to get President to keep us in good standing with the will put sanctions on fruits and vegeta- WTO. them to put pressure on their governments to bles and likely our wine, which com- We are now witnessing trade war protec- capitulate to allow American beef and ba- petes with the French wine. tionism being administered by the World (Gov- nanas to enter their markets. So far the prod- They will pick the sensitive spots to ernment) Trade OrganizationÐthe WTO. For ucts that we have placed high tariffs on have apply these sanctions, but the FSC pro- two years now we have been involved in an not caused Europeans to cave in. The threat visions that have been railed against ongoing trade war with Europe and this is just of putting high tariffs on cashmere wool is will still be in the code. This is our one more step in that fight. With this legisla- something that the British now are certainly only opportunity to protect American tion the U.S. Congress capitulates to the de- unhappy with. workers so that we can continue to ex- mands of the WTO. The actual reason for this The Europeans are already well on their port, even in those areas which do not legislation is to answer back to the retaliation way to getting their own list ready to ``scare'' currently get FSC treatment, the in- of the Europeans for having had a ruling the American exporters once they get their jury to the U.S. and the potential be- against them in favor of the United States on permission in November. ginning of the mother of all trade wars meat and banana products. The WTO obvi- In addition to the danger of a recession and is something to be avoided and avoided ously spends more time managing trade wars a continual problem with currency fluctuation, by this bill. It is the only option before than it does promoting free trade. This type of there are also other problems that will surely us, vote yes. legislation demonstrates clearly the WTO is in aggravate this growing trade war. The Euro- Mrs. CHRISTENSEN, Mr. Speaker, I rise to charge of our trade policy. peans have already complained and have speak on H.R. 4986, the Foreign Sales Cor- The Wall Street Journal reported on 9/5/00, threatened to file suit in the WTO against the poration Repeal and Extraterritorial Income ``After a breakdown of talks last week, a multi Americans for selling software products over Act of 2000 because of the effect it will have billion-dollar trade war is now about certain to the Internet. Europeans tax their Internet sales on my district, the U.S. Virgin Islands. erupt between the European union and the and are able to get their products much Mr. Speaker, almost from the inception of U.S. over export tax breaks for U.S. compa- cheaper when bought from the United States the Foreign Sales Corporation Act of 1984, the nies, and the first shot will likely be fired just thus penalizing European countries. Since the U.S. Virgin Islands positioned itself to act as weeks before the U.S. election.'' goal is to manage things in a so-called equi- the premiere location where U.S. companies Already, the European Trade Commissioner, table manner the WTO very likely could rule that were exporting U.S.-made goods could lo- Pascal Lamy, has rejected what we're at- against the United States and force a tax on cate to reduce their tax liability. Approximately tempting to do here today. What is expected our international Internet sales. 3,900 of a total 7,000 FSC's are located in the is that the Europeans will quickly file a new Congress has also been anxious to block U.S. Virgin Islands where they provide ap- suit with the WTO as soon as this legislation the Voice Stream Communications planned proximately 40 direct jobs to Virgin Islands is passed. They will seek to retaliate against purchase by Deutch Telekom, a German gov- residents and indirect employment in the thou- United States companies and they have al- ernment-owned phone monopoly. We have sands, through 12 law and management firms ready started to draw up a list of those prod- not yet heard the last of this international trade that serve them. They provide similar benefits ucts on which they plan to place punitive tar- fight. on our sister territory of GuamÐboth of us iffs. The British also have refused to allow any being a part of this country. The Europeans are expected to file suit additional American flights into London. In the FSC companies in the Virgin Islands gen- against the United States in the WTO within old days the British decided these problems, erate about $7 to $10 million dollars annually 30 days of this legislation going in to effect. under the WTO the United States will surely and they have contributed almost $70 million This legislation will perpetuate the trade war file suit and try to get a favorable ruling in this to the cash-strapped treasury of the Govern- and certainly support the policies that have area thus ratchening up the trade war. ment of the Virgin Islands since 1983. created the chaos of the international trade Americans are especially unhappy with the Through no fault of our own, and despite our negotiations as was witnessed in Seattle, French who have refused to eliminate their working with the relevant agencies to mitigate Washington. farm subsidiesÐlike we don't have any in this the adverse effects, with passage of this bill, The trade war started two years ago when country. we will lose an important tool of our economy the United States obtained a favorable WTO The one group of Americans that seem to at a time when we can least afford itÐwhen ruling and complained that the Europeans re- get little attention are those importers whose the government of the Virgin Islands is facing fused to import American beef and bananas businesses depend on imports and thus get a severe financial crisis. Our accumulated from American owned companies. hit by huge tariffs. When 100 to 200 percent

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 9920 E:\CR\FM\A12SE7.056 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7429 tariffs are placed on an imported product, this to rule on what, if any, retaliation can be Specifically, the WTO appeals panel wrote, virtually puts these corporations out of busi- taken. ``By entering into the WTO Agreement, each At the core of the dispute is a tax-law pro- ness. vision that allows U.S. companies to channel Member of the WTO has imposed on itself an The one thing for certain is this process is overseas sales of domestically produced obligation to comply with all terms of that not free trade; this is international managed goods through so-called foreign sales cor- Agreement. This is a ruling that the FSC trade by an international governmental body. porations—offshore subsidiaries, usually in measure does not comply with all those terms. The odds of coming up with fair trade or free tax havens, whose profits on those exports The FSC measure creates a `subsidy' be- trade under WTO are zero. Unfortunately, are subject to lower federal income taxes cause it creates a `benefit' by means of a `fi- even in the language most commonly used in than are other profits. The FSC shelter saved nancial contribution', in that government rev- U.S. companies about $4 billion last year. the Congress in promoting ``free trade'' it usu- Boeing Corp., which used the shelter to save enue is foregone that is `otherwise due.' This ally involves not only international government $230 million last year, included a warning `subsidy' is a `prohibited export subsidy' under managed trade but subsidies as well, such as about the trade dispute in its annual finan- the SCM Agreement [Agreement on Subsidies those obtained through the Import/Export Bank cial reports. and Countervailing Measures] because it is and the Overseas Private Investment Corpora- The U.S. says the congressional bill would contingent on export performance. It is also an tion and various other methods such as the replace the WTO-illegal tax breaks with a export subsidy that is inconsistent with the much broader exemption for all foreign- Foreign Aid and our military budget. source income, both from exports and from Agreement on Agriculture. Therefore, the FSC Free trade should be our goal. We should goods manufactured abroad. The U.S. official measure is not consistent with the WTO obli- trade with as many nations as possible. We says this is comparable with tax exemptions gations of the United States.'' should keep our tariffs as low as possible offered by EU countries, including the Neth- In other words, it is unfair and illegal under since tariffs are taxes and it is true that the erlands and France. global trade rules for the U.S. tax code to pro- people we trade with we are less likely to fight But EU officials and some U.S. analysts vide welfare for corporations by allowing them with. There are many good sound, economic say the analogy is inaccurate and that the proposed revision simply repackages the FSC to escape taxes that would otherwise be due. and moral reasons why we should be en- program, retaining its preference for exports At this point, one would expect that my col- gaged in free trade. But managed trade by the over domestic sales. ‘‘U.S. industries which leagues who, on most occasions eloquently WTO does not qualify for that definition. are benefiting from FSCs are being very defend the need for ``rules based trade'' and U.S., EU RISK TRADE WAR OVER EXPORT TAX stubborn,’’ says Peter Morici, a senior fellow ``free markets'', to adhere to the WTO directive SHELTERS—EUROPE IS LIKELY TO SEEK THE at the Economic Strategy Institute, a Wash- and repeal FSC. Because I assumed my col- WTO’S PERMISSION TO LEVY PUNITIVE TAR- ington, D.C. think tank. ‘‘They do not want leagues would want to be intellectually con- IFFS to make a real fundamental change in the sistent, I introduced legislation shortly after the law.’’ (By Geoff Winestock of the Wall Street WTO ruling to repeal FSC. Journal) Mr. DEFAZIO. Mr. Speaker, let's briefly re- After all, precedent proved the U.S. was BRUSSELS.—After a breakdown of talks last view why we find ourselves here today to de- more than willing to bend to the will of the week, a multibillion-dollar trade war is now bate replacing a rather arcane section of the WTO. When the WTO ruled against a provi- almost certain to erupt between the Euro- tax code that allows corporations to avoid a sion of the 1990 Clean Air Act, the Environ- pean Union and the U.S. over export tax portion of their tax bill by establishing largely breaks for U.S. companies, and the first shot mental Protection Agency gutted its clean air paper entities in a filing cabinet in a tax haven regulations in order to allow dirtier gasoline will likely be fired just weeks before the U.S. like Barbados with the equally arcane tax pro- elections. from Venezuela to be sold in the U.S. European Trade Commissioner Pascal visions of H.R. 4986, the FSC Repeal and Similarly, when Mexico threatened a WTO Lamy rejected on Thursday the latest U.S. Extraterritorial Income Exclusion Act of 2000. enforcement action on a 1991 GATT case it Creating this new, expanded loophole to as- proposal for resolving a dispute over a $4 bil- had won that eviscerated the Dolphin Protec- sist corporations in escaping their fair share of lion-a-year tax shelter for U.S. exporters tion Act, the U.S. went along to get along. In that the World Trade Organization ruled ille- the tax burden in the U.S. makes a mockery fact, the Clinton Administration sent a letter to gal in February. of pleas by my colleagues to simplify the tax Mexican President Ernesto Zedillo declaring With chances now slim for an agreement code and improve fairness. on how to bring the U.S. tax code into line For nearly two decades, beginning with the that weakening the standard by which tuna with WTO rules, the EU will likely file a new Revenue Act of 1971 (P.L. 92±178), the U.S. must be caught in ``dolphin-safe'' nets ``is a suit with the WTO in October. And this time, provided tax incentives for exports. However, top priority for my administration and me per- the EU will seek permission to retaliate sonally.'' against U.S. companies with trade sanctions. our trading partners complained that these in- centives violated our commitments under the The WTO also ruled against the Endan- At a minimum, EU officials say, they will gered Species Act provisions that required ask for punitive tariffs on $4 billion of U.S. General Agreement on Tariffs and Trade goods. (GATT). While not conceding the violation, in U.S. and foreign shrimpers to equip their nets The U.S. Congress is considering a bill de- 1984, Congress scrapped the Domestic Inter- with inexpensive turtle excluder devices if they signed to bring U.S. tax law into line with national Sales Corporation (DISC) provisions wanted to sell shrimp in the U.S. market. The WTO rules. But hopes that this would yield a and created the Foreign Sales Corporation goal was to protect endangered sea turtles. quick solution disappeared last week when (FSC) provisions. The differences are highly The Clinton Administration agreed to comply Mr. Lamy sent a letter criticizing the bill to with the ruling. Deputy Treasury Secretary Stuart technical and probably only understood by international tax bureaucrats. Given this record of acquiescing to the Eizenstat. Mr. Lamy said the proposal for WTO, one could be forgiven for assuming the amending the U.S. tax code ‘‘failed to render Under the FSC provision, corporations can it compatible with international trade exempt between 15 and 30 percent of their Clinton Administration and Congress would rules,’’ according to an EU briefing note. In- export income from taxation by routing a por- behave in a similar manner when losing a deed, EU officials say, the bill was margin- tion of their exports through a FSC. Our trad- case on tax breaks for corporations. ally worse than a White House proposal that ing partners, specifically the European Union Of course, sea turtles and dolphins don't the EU rejected in May. (EU), were not satisfied with the somewhat make massive campaign contributions, or any Describing the EU letter as ‘‘dis- cosmetic changes made to the U.S. tax code. campaign contributions for that matter. But, appointing’’ and ‘‘unconstructive,’’ a senior Going back on a verbal gentleman's agree- the large corporations who would be impacted U.S. official says the EU’s attitude could ment not to challenge our respective tax by the WTO decision against FSCs do. sour trans-Atlantic trade ties. ‘‘What we’re Apparently not bothered by the hypocrisy, trying to do is avert a trade war,’’ the offi- codes under global trading rules, the EU filed cial says. ‘‘We’re doing everything we can to a complaint with the World Trade Organization immediately after the ruling by the WTO ap- avoid it. If there’s to be one, it will be in (WTO), successor to GATT, essentially argu- peals panel, the Clinton Administration, a few their hands, not in ours.’’ ing the same thing that was argued about Members of Congress, and the business com- The official says that the White House DISCs. Namely that export subsidies were ille- munity openly declared the need to maintain would continue to support the bill, which he gal under global trading rules by conferring an the subsidy in some form and began meeting says would be fully WTO-compliant. Unless unfair advantage on recipient companies. in secret to work out the details on how to cir- the U.S. makes some change to the tax pro- A secretive WTO tribunal ruled against the cumvent the WTO ruling and maintain these gram by the WTO’s Oct. 1 deadline, the offi- cial says, the U.S. will have no chance of U.S. Dutifully, the U.S. appealed the decision. valuable, multi-billion dollar tax incentives. avoiding a confrontation with the EU or win- Earlier this year, the WTO appeals panel Now, it is well-known that I am not a big fan ning its case in the WTO. The EU will have upheld the earlier decision and ordered the of the WTO. It is an unaccountable, secretive, 30 days after Oct. 1 to lodge a complaint with U.S. to repeal the FSC provision or risk sub- undemocratic bureaucracy that looks out sole- the WTO, which will then take a few months stantial retaliatory measures. ly for the interests of multinational corporations

VerDate 12-SEP-2000 06:18 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 9920 E:\CR\FM\A12SE7.100 pfrm02 PsN: H12PT1 H7430 CONGRESSIONAL RECORD — HOUSE September 12, 2000 and investors at the expense of human rights, subsidized by U.S. taxpayers. The losers? vantages over their foreign competitors and labor standards, national sovereignty, and the Small businesses, U.S. taxpayers, and import- thus should not need additional subsidies to environment. competing industries. attract sales.'' But, by pointing out that export subsidies I find it interesting while Treasury has spent Even the Pentagon has acknowledged this like FSCs are corporate welfare, however, the a great deal of time figuring out how to com- fact by concluding in 1994, ``In a large number WTO has done U.S. taxpayers a favor. Unfor- bat corporate tax shelters that have no eco- of cases, the U.S. is clearly the preferred pro- tunately, this legislation before us today only nomic rationale, as discussed in a July 1999 vider, and there is little meaningful competition does wealthy corporations a favor. report, that they would push this corporate with suppliers from other countries. An in- I have several problems with H.R. 4986 be- welfare, which also has no economic rationale. crease in the level of support the U.S. govern- sides the intellectual inconsistency. I will touch So, who specifically benefits? The journal ment currently supplies is unlikely to shift the on each of these now. Tax Notes conducted a revealing study of U.S. export market share outside a range of First, and perhaps most importantly, there is FSCs in its August 14, 2000, edition. The arti- 53 to 59 percent of worldwide arms trade.'' little or no economic rationale for export sub- cle profiled the 250 companies that reported As Ways and Means Committee Member, sidies like FSCs or the provisions of H.R. $1.2 billion in FSC tax savings in 1998. The Representative DOGGETT, noted in his dis- 4986. In its April 1999 Maintaining Budgetary top 20 percent of the companies in the sample senting views on H.R. 4986, ``In 1999, without Discipline report, the Congressional Budget claimed 87 percent of the benefits. The two the bonanza provided by this bill, U.S. defense Office (CBO) noted ``Export subsidies, such as largest FSC beneficiaries were the General contractors sold almost $11.8 billion in weap- FSCs, reduce global economic welfare and Electric Company and Boeing, which saw their ons overseasÐmore than a third of the may even reduce the welfare of the country tax bills reduced by $750 million and $686 mil- world's total and more than all European granting the subsidy, even though domestic lion, respectively from 1991±1998. countries combined.'' export-producing industries may benefit.'' What are some of the other top FSC cor- The U.S. should stop the proliferation of Similarly, in August 1996, CBO wrote ``Ex- porate welfare queens? Motorola, Caterpillar, weapons and war, not expand it as this bill in- port subsidies do not increase the overall level Allied-Signal, Cisco Systems, Monsanto, Ar- tends. of domestic investment and domestic employ- cher Daniels Midland, Oracle, Raytheon, RJR The pharmaceutical industry is another in- ment . . . In the long run, export subsidies in- Nabisco, International Paper, and ConAgra. dustry that does not need or deserve addi- crease imports as much as exports. As a re- The list reads like a who's who of extraor- tional subsidies from U.S. taxpayers. The in- sult, investment and employment in import- dinarily profitable multinational corporations. dustry already receives substantial research competing industries in the United States Hardly companies that should need to feed and development tax credits as well as the would decline about as much as they in- from the taxpayer trough. benefits flowing from discoveries by govern- creased in the export industries.'' Furthermore, American subsidiaries of Euro- ment scientists. As Representative STARK Need further evidence? The Congressional pean firms take advantage of U.S. taxpayers noted in his dissenting views, drug companies Research Service (CRS) has written ``Eco- through export subsidies. British Petroleum, lowered their effective tax rate by nearly 40 nomic analysis suggests that FSC does in- Unilever, BASF, Daimler Benz, Hoescht, and percent relative to other industries from 1990 crease exports, but likely triggers exchange Rhone-Poulenc are all FSC beneficiaries. The to 1996 and were named the most profitable rate adjustments that also result in an in- fact that foreign companies can also claim ex- industry in 1999 by Fortune Magazine. crease in U.S. imports; the long run impact on port benefits pokes a large hole in the argu- The industry sells prescription drugs at far the trade balance is probably nil. Economic ment that these tax benefits are needed to en- cheaper prices abroad than here in the U.S. theory also suggests that FSC probably re- sure the competitiveness of U.S. businesses. For example, seniors in the U.S. pay twice as duces aggregate U.S. economic welfare.'' Simiarly, isn't it a bit odd that economist and much for prescriptions as those in Canada or Of course, protests will be heard from sup- U.S. policymakers like to lecture European na- Mexico. It is an affront to U.S. taxpayers to porters of H.R. 4986 that it gets rid of the ex- tion's about their high tax burdens, but now, force them to further subsidize an industry that port requirement. In testimony before the suddenly their tax burden is too low and, is already gouging them at the pharmacy as Ways and Means Committee, Deputy Sec- therefore, U.S. companies need subsidies in this bill would do. retary Eizenstat said the Chairman's mark is order to compete? In direct contradiction of various federal poli- ``not export-contingent.'' Of course, that claim Let's be clear, this legislation is not about cies to combat tobacco related disease and is absurd. If a company sells products solely the competitiveness of large, wealthy, multi- death in the U.S., this legislation would force in the U.S., they don't qualify for the tax sub- national corporations based in the United U.S. taxpayers to subsidize the spread of big sidy. That is, by definition, an export subsidy. States. It is about wealthy campaign contribu- tobacco's coffin nails to foreign countries. This Therefore, the criticisms of export subsidies tors wanting to keep and expand their $5 bil- violates the American taxpayers' sense of de- previously mentioned would apply to this new lion-plus tax subsidies and elected officials cency and respect. Their money should not be legislation as well. willing to do their bidding. used to push a product onto foreign countries President Nixon originally prosed export Not only does H.R. 4986 allow these com- that kills one-third of the people who use it as subsidies, which became the DISC and then panies to continue receiving billions in tax intended. FSC, because he was alarmed at the size of breaks, but it actually expands them. This leg- By placing H.R. 4986 on the suspension the U.S. trade deficit, which was $1.4 billion in islation will cost U.S. taxpayers another $300 calendar, debate is prematurely cut off and 1971, a number that seems almost quaint by million a year or more. amendments to reduce support for drug com- today's standards. As Paul Magnusson noted It is also unfortunate that this legislation panies, the defense industry or tobacco com- in the September 4, 2000, Business Week subsidizes a number of industriesÐsuch as panies can not be considered. But, I guess FSC ``produced some hefty tax savings for big defense contractors, tobacco companies, and that's just par for the course for a process that U.S. exporters, but it never did actually do pharmaceutical firmsÐthat have no business has taken place in relative secrecy between a much to narrow the trade deficit, which hit a receiving any more taxpayer hand-outs. few Members of Congress, the Administration, record $339 billion last year.'' And which, I Take the defense industry, for example. and the industries that stand to benefit from should add, has continued to set new records Under the current FSC regime, defense con- this legislation. virtually every month this year. tractors can only claim 50 percent of the tax You may not hear this in the debate much, I can't understand why it makes sense to available to other industries. The legislation but it is important to point out that the EU has subsidize U.S. exporters to the tune of $5 bil- before us today allows the defense industry to already put the U.S. on notice that H.R. 4986 lion or more when the economic impact is claim the full benefit available to others. does not satisfy its demands. According to the ``probably nil'' or worse. Leaving aside the fact that U.S. taxpayers EU, H.R. 4986 still provides an export subsidy, The economic rationale further deteriorates are already overly generous to defense con- maintains a requirement that a portion of a when one realizes, as the previous quotes tractors, which no doubt they are, expanding product contain U.S.-made components, and suggest, that export subsidies discriminate this corporate welfare will have no discernible does not repeal FSCs by the October 1st against mom-and-pop stores who don't have impact on overseas sales. The Treasury De- deadline. Therefore, it is likely the EU will ask the resources to export and against U.S. in- partment noted in August 1999, ``We have the WTO to rule on the legality of the U.S. re- dustries that must compete with imports. This seen no evidence that granting full FSC bene- forms. Most independent analysts agree with means that export subsidies distort markets by fits would significantly affect the level of de- the EU critique of H.R. 4986. pre-ordaining winners and losers. The win- fense exports.'' So, it is reasonable to assume the WTO will ners? Large exporters and foreign consumers In 1997, the CBO made a similar point, again rule against the U.S. and allow the EU who get to enjoy lower priced U.S. products ``U.S. defense industries have significant ad- to impose retaliatory sanctions against U.S.

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 9920 E:\CR\FM\A12SE7.087 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7431 products. According to some press accounts, In Guam, there are around 211 FSC licens- Section 3 of H.R. 2462, which I introduced the EU would be able to impose 100 percent ees, generating around $170,000 to the Gov- last year, and has bi-partisan support, passed tariffs on around $4 billion worth of U.S. ernment of Guam. However, license fees are the House on July 25, 2000. Senators AKAKA goods. These would be the largest sanctions only some of the direct benefits from FSCs. and INOUYE introduced a companion measure, ever imposed in a trade dispute. In other Other direct benefits include compensation for S. 2983, on July 27, 2000. words, this inadequate reform of export sub- Guam attorneys and other professionals, bank As we consider today's measure on the re- sidies will open up the U.S. to retaliatory ac- deposits, and funds generated through the peal of FSCs, I simply ask that my colleagues tion by the EU, which will harm exports as hotel and restaurant industries that host FSC support my legislation on equal tax treaty much or more than any perceived benefit that corporate meetings. Indirect benefits would be rates for Guam and I implore the Clinton Ad- would be provided by H.R. 4986. Of course, the cumulative effect that FSCs and other tax ministration to also support such economic re- the exporters that will be hurt by retaliatory incentives have on attracting U.S. businesses lief for the people of Guam. Please include eq- sanctions probably won't be the same busi- to Guam. uitable tax treatment for foreign investors in nesses that will enjoy the tax windfall provided Be it as it may, the writing is on the wall for Guam during any final omnibus budget or tax by this legislation. FSCs as we now know it. Therefore, I am ap- package. Mr. Speaker, ADM is not suffering. Cisco pealing to the Clinton Administration, particu- b 1715 Systems is not suffering. Raytheon is not suf- larly the Treasury Department, to offset the fering. Microsoft is not struggling mightily to economic impact of today's legislation with the The SPEAKER pro tempore (Mr. keep its head above water. But, the American means necessary to allow the U.S. territories STEARNS). All time has expired. people are. Schools are crumbling, 45 million to promote economic self-sufficiency during The question is on the motion offered Americans have no health insurance, individ- any negotiations with the Congress on any by the gentleman from Texas (Mr. AR- uals are working longer hours for less money final omnibus budget or tax package. CHER) that the House suspend the rules with the predictable stress on families, millions Apart from H.R. 3247, which would provide and pass the bill, H.R. 4986, as amend- of seniors do not have access to affordable empowerment zones for the U.S. territories, I ed. prescription drugs, and poverty remains stub- have worked closely with my colleagues to The question was taken. bornly high, particularly among children. enact legislation that I authored which would Mr. STARK. Mr. Speaker, on that I Rather than debating how to preserve bil- level the playing field for foreign investors in demand the yeas and nays. lions in tax subsidies for some of our largest Guam through the passage of the Guam For- The yeas and nays were ordered. corporations, we should be figuring out how to eign Direct Investment Equity Act (H.R. 2462/ The SPEAKER pro tempore. Pursu- address some of these issues. How many S. 2983). ant to clause 8 of rule XX and the times over are we going to spend projected, My legislation would provide Guam with the Chair’s prior announcement, further and I stress projected, surpluses, if we want to same tax rates as the fifty states under inter- proceedings on this motion will be pay down the national debt, provide prescrip- national tax treaties. Since the U.S. cannot postponed until tomorrow. tion drugs, shore up Social Security and Medi- unilaterally amend treaties to include Guam in f care, and increase funding for education, Con- its definition of united States, my bill amends gress cannot keep showering wealthy corpora- EXPRESSING SORROW OF THE Guam's Organic Act, which has an entire tax HOUSE AT THE DEATH OF THE tions with unjustifiable tax subsidies. section that ``mirrors'' the U.S. Internal Rev- I will end with a quote from a newspaper I'm HONORABLE HERBERT H. BATE- enue Code. MAN, MEMBER OF CONGRESS not normally inclined to agree with editorially, As background, under the U.S. Code, there the Washington Times. In an editorial on Sep- FROM THE COMMONWEALTH OF is a 30% withholding tax rate for foreign inves- VIRGINIA tember 5, 2000, the Washington Times wrote, tors in the United States. Since Guam's tax ``The Ways and Means Committee boasts that law ``mirrors'' the rate established under the Mr. BLILEY. Mr. Speaker, I offer a support for its revised FSC bill was bipartisan U.S. Code, the standard rate for foreign inves- privileged resolution (H. Res. 573) and and near unanimous. It remains a bipartisan tors in Guam is 30%. ask for its immediate consideration. and near unanimous blunder.'' The Guam Foreign Direct Investment Equity The Clerk read the resolution, as fol- I urge my colleagues to vote against H.R. Act provides the Government of Guam with lows: 4986. the authority to tax foreign investors at the H. RES. 573 Mr. UNDERWOOD. Mr. Speaker, I rise to same rates as states under U.S. tax treaties Resolved, That the House has heard with express my concern about the impact of H.R. with foreign countries since Guam cannot profound sorrow of the death of the Honor- 4986, The FSC Repeal and Extraterritorial In- change the withholding tax rate on its own able Herbert H. Bateman, a Representative come Exclusion Act of 2000, on the U.S. terri- from the Commonwealth of Virginia. tories, particularly the U.S. Virgin Islands and under current law. Under U.S. tax treaties, it is a common feature for countries to negotiate Resolved, That a committee of such Mem- Guam. bers of the House as the Speaker may des- Since the WTO decision last fall on Foreign lower withholding rates on investment returns. ignate, together with such Members of the Sales Corporations (FSCs), I know that the Unfortunately, while there are different defini- Senate as may be joined, be appointed to at- Administration has worked closely with House tions for the term ``United States'' under these tend the funeral. Ways and Means Committee Chairman AR- treaties, Guam is not included. Such an omis- Resolved, That the Sergeant at Arms of the House be authorized and directed to take CHER and Representative RANGEL, the ranking sion has adversely impacted Guam since 75% of Guam's commercial development is funded such steps as may be necessary for carrying member, to ensure that the United States out the provisions of these resolutions and passes legislation to meet the October 1, by foreign investors. As an example, with Japan, the U.S. rate for foreign investors is that the necessary expenses in connection 2000, deadline set by the WTO to comply with therewith be paid out of applicable accounts its ruling. 10%. That means while Japanese investors of the House. As many of you know, the WTO panel are taxed at a 10% withholding tax rate on Resolved, That the Clerk communicate issued a ruling last fall that subsidies for For- their investments in the fifty states, those these resolutions to the Senate and transmit eign Sales Corporations under U.S. tax laws same investors are taxed at a 30% with- a copy thereof to the family of the deceased. violated the WTO Subsidies Agreement. U.S. holding rate on Guam. Resolved, That when the House adjourns negotiators have since worked in good faith on While the long term solution is for U.S. ne- today, it adjourn as a further mark of re- a proposal to retain many of the tax benefits gotiators to include Guam in the definition of spect to the memory of the deceased. of the FSC structure, while establishing a new the term ``United States'' for all future tax trea- The SPEAKER pro tempore. The gen- structure which would be responsive to the ties, the immediate solution is to amend the tleman from Virginia (Mr. BLILEY) is European Union's challenge. Organic Act of Guam and authorize the Gov- recognized for 1 hour. However, I simply want to express my con- ernment of Guam to tax foreign investors at Mr. BLILEY. Mr. Speaker, I yield cern over the impact that H.R. 4986 would the same rates as the fifty states. Other terri- myself such time as I may consume. have on the U.S. territories. Under the current tories under U.S. jurisdiction have already Mr. Speaker, it is with great sadness FSC system, U.S. territories have been able to remedied this problem through delinkage, their we are here today to honor our late benefit through tax exemptions for U.S. ex- unique covenant agreements with the federal colleague, Representative Herb Bate- porting industries. With the repeal of the FSC government, or through federal statute. Guam, man of Newport News, Virginia. Herb system, we will no longer be able to offer this therefore, is the only state or territory in the represented the First District of Vir- incentive although I understand that current United States which is unable to take advan- ginia, better known, as he used to say, contracts will be honored. tage of this tax benefit. as ‘‘America’s First District,’’ because

VerDate 12-SEP-2000 06:41 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.089 pfrm02 PsN: H12PT1 H7432 CONGRESSIONAL RECORD — HOUSE September 12, 2000 of the important role it has played in We will miss his leadership on the He worked tirelessly for his district. our Nation’s history. House Committee on Armed Services. As Chairman of the Committee on Herb lived to serve his country and He was a staunch advocate for the Armed Services Subcommittee on Mili- fellow citizens. After receiving his readiness of our Armed Forces, and he tary Readiness, he was a diligent bachelor of arts from the College of was a strong supporter of the ship- champion for the defense interests, not William and Mary in 1949, he taught at building industry, not only in Virginia, only of the Tidewater area of Virginia, Hampton High School from 1949 to 1951. but throughout the United States. which he represented, but for a strong Herb answered the call of duty by en- One of the greatest reasons for his defense for our Nation. listing in the United States Air Force success and achievements was his bi- He was a protector of our national during the Korean War, eventually partisanship. Make no mistake, Herb defense, and he initiated the practice earning the rank of first lieutenant, was a man of his party, but, even more of listening to the field commanders of and was discharged in 1953. than that, he was a great patriot, who our Armed Forces, the captains, the Herb attended law school and earned first and foremost stood for this coun- colonels, the majors, and not solely re- a law degree from Georgetown Univer- try. lying on the Pentagon brass to get the sity Law Center in 1956. After a clerk- He believed in a strong military and real picture of the Nation’s defense. He ship with the United States Court of a strong Navy. He always understood worked to protect the welfare of the Appeals in Washington, Herb joined a the need for adequate training before men and women in uniform and their Newport News law firm, where he prac- sending our forces into harm’s way. He families, and those who have retired ticed for 25 years. was relentless in the pursuit of mili- from the service and their country. Prior to coming to Congress, Herb tary excellence, and he could work Herb was deeply concerned about the served 15 years in the Virginia Senate, with anybody on any side of an issue. deterioration of our military readiness; where he gained a solid reputation for He worked with the Depot Caucus and and if we can do anything to honor his leadership and committee work on was fair and evenhanded with private memory, it would be to heed the warn- such diverse subjects as agriculture, and public employees. Most impor- ings he gave about the need to invest energy, education, and the budget. tantly, when meeting the challenges in improving and maintaining our na- Herb will be remembered for the life- faced by this great country, party real- tion’s defense readiness. time of service he gave to his country ly made no difference. Herb worked for the commuters in and his constituents. Herb dedicated So we, personally, and this country the First District. Through a seat on his life in defense of our national secu- will miss Herb Bateman. He had such a the Committee on Transportation and rity, because he realized America was precise and logical way of thinking Infrastructure, he focused on improv- the only true world superpower. He rec- that sometimes listening to him was ing highways and bridges in Tidewater ognized America had global respon- like hearing someone dictate a legal and in protecting the Chesapeake Bay. sibilities, and he took America’s re- brief. But, most important, his sense of This Congress, the Commonwealth of sponsibilities seriously because he humor and the warmth of his friend- Virginia, and this Nation have lost a worked tirelessly to ensure the naval ship are things for which I will always faithful servant and wonderful man, superiority of the United States. be grateful. but our lives are forever enriched for He was a close friend of mine and, of Herb’s tireless efforts during his 18- having had Herb Bateman as our friend course, my wife; and we extend heart- year career in Congress helped preserve and colleague. felt condolences to Laura and their America’s greatness, in which we all In closing, our deepest sympathies family. saw communism defeated and America Mr. BLILEY. Mr. Speaker, I yield 2 are extended to Congressman Bate- stand as the last superpower. Herb’s ef- minutes to the gentleman from the man’s family: his wife, Laura Yacobi forts behind the scenes helped to sus- Tenth District of Northern Virginia, Bateman; his daughter, Laura Mar- tain his constituents working at New- garet Bateman; his son, Herbert H. (Mr. WOLF). port News Shipbuilding and the local Mr. WOLF. Mr. Speaker, I join the ‘‘Bert’’ Bateman, Jr., and his wife, military community. fellow members of the Virginia delega- Mary, and their three children, Emmy, Herb’s long Congressional record in- tion in remembering Herb Bateman, a Hank, and Sam; and also to his Con- cluded fighting for the authorization true gentleman and a dedicated public gressional family, his staff here on and construction of several aircraft servant. Capitol Hill and in his district offices. carriers and submarines, including the I had been planning to come to the We all share in your loss. U.S.S. Ronald Reagan, the U.S.S. John floor later this month to pay tribute to Mr. BLILEY. Mr. Speaker, I am C. Stennis, the U.S.S. Harry S. Truman, Herb, to talk about his long and distin- pleased to yield 2 minutes to the gen- and the Navy’s next generation of air- guished record of service to Virginia tleman from Newport News, Virginia craft carriers, 12 Los Angeles Class at- and the Nation, and to wish him God- (Mr. SCOTT), a member of the Virginia tack submarines and the new Virginia speed as he retired from the Congress delegation who has had a long associa- class submarines. at the end of the session. His untimely tion with Congressman Bateman, who Herb’s loss is truly a national loss. passing yesterday reminds us all of our succeeded Congressman Bateman in We mourn his loss as a House and as a own mortality and how important it is the Virginia State Senate, and who Nation. I mourn his loss as a friend. to live our lives with honor and integ- now is with us in the House. For Herb’s family, we feel the loss his rity and to make the most of every op- Mr. SCOTT. Mr. Speaker, I rise to wife, Laura, and his two children, Bert portunity we have to serve our fellow join my colleagues in the Virginia dele- and Laura, and his three grandchildren men. gation and the House in support of the are enduring today. Herb Bateman lived his life that way. resolution and to praise Herb Bateman A Nation is indebted to the unselfish It was a privilege to serve with him the for his hard work and dedication to the work of Herb Bateman. You are in our entire 18 years he was in Congress. constituents of the First Congressional prayers, and may God bless you and While we grieve today that Herb is no District of Virginia, which he always your family. longer with us, we can find comfort in referred to as ‘‘America’s First Dis- Mr. BLILEY. Mr. Speaker, I yield 2 knowing that at the end of his days, he trict.’’ minutes to the gentleman from the could hear the voice of God saying, Herb and I served neighboring dis- Fourth District of Virginia (Mr. SISI- ‘‘Well done, good and faithful servant.’’ tricts in the House, and during my SKY), a colleague of Herb’s on the Com- Herb loved being a Member of Con- service in the Virginia Legislature, he mittee on Armed Services. gress. He was a decent, hard-working, was either my State senator or my Mr. SISISKY. Mr. Speaker, I have and likeable man who reached across congressman, so we had many opportu- known Herb Bateman for many, many the aisle to work together for the best nities to work together to represent years. I served 9 years in the Virginia interests of America. He loved rep- the interests of the residents of the General Assembly with him, and, of resenting the people of Virginia’s First Hampton Roads, Virginia area. course, 18 years in Congress. He was a Congressional District, and beamed Having worked side-by-side, I can tell great friend and a great leader for Vir- with pride in calling his district you that Herb Bateman was a decent, ginia. ‘‘America’s First District.’’ hard-working, and effective legislator.

VerDate 12-SEP-2000 06:41 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.104 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7433 During his many years of public serv- always worked for fiscal restraint, midable and impressive. One of his ice, he conscientiously promoted the making the best use of money avail- most salient contributions was his needs of a district with a strong mili- able. steadfast advocacy for a strong na- tary and Federal presence. It was he who sponsored legislation in the tional defense. His district, after all, is As a Member of the Committee on Senate of Virginia to establish J±LARCÐthe home to one of the nerve centers of our Armed Services, he made military Joint, Legislative, Audit and Review Commis- defense community. I say to the gen- readiness and concerns of military sion. This commission has served over the tleman from Richmond, Virginia (Mr. families his highest priorities. Because years to eliminate waste and abuse in Virginia BLILEY), my friend, I fondly recall an of his total dedication, America enjoys government and to uncover overlapping in the occasion when I delivered the OCS a strong military, and school districts work of agencies. J±LARC is the model upon graduation address at the Coast Guard with a large military presence receive which other states have created their own Reserve Training Center in Yorktown, additional Federal funding through Im- similar commissions. which is in Herb’s district. After the pact Aid. Throughout his years of public service, Herb ceremony, Herb came to me and said, I In the Hampton Roads area, we have has been supported faithfully by his wife, so much enjoy coming to this place. It been particularly grateful for Herb’s Laura, and their union was blessed by two is beautifully located on the banks of leadership because we continue to build children, both of whom are grown and leading the York River, and Herb expressed aircraft carriers and submarines. successful lives. And, the children have given such pride in that Coast Guard instal- NASA budgets reflect a higher priority Herb and Laura three grandchildren, who were lation; but he was equally proud of all for the aeronautics research proudly the apples of Herb's eyes. of the military installations in his dis- done at NASA Langley Research Cen- Herb, we will miss you. I will miss you. Be trict; and as has been indicated by the ter, and the Thomas Jefferson National assured that the light of your legacy will con- other speakers, they are numerous. Accelerator Facility continues to tinue to shine through your family and the Herb was, indeed, proud of our de- excel. many people whose lives you touched and fense family. He was proud of his dis- The Virginia delegation is particu- guided. trict. He was proud of his State. I am larly saddened by Herb’s passing. He b 1730 not sure the gentleman from Virginia was well thought of and highly re- Mr. BLILEY. Mr. Speaker, I yield 2 (Mr. BLILEY) mentioned this, but he spected by all of us. The delegation has minutes to the gentleman from Mis- was, in fact, born in North Carolina. He always worked cooperatively and in a souri (Mr. SKELTON). may have said that early on. He was bipartisan fashion on issues affecting Mr. SKELTON. Mr. Speaker, I thank proud of this House, the people’s Virginia, and Herb steadfastly contrib- the gentleman for yielding me this House. Herb often referred to it in uted to that spirit. time. those words, the people’s House, the I want to extend my deepest sym- Mr. Speaker, this is a sad moment for Chamber closest to the people. pathies to his wife Laura; his children, me. I know it is a sad moment for Vir- Finally, he was proud of his family. I Laura and Bert; and his grandchildren, ginians, and it is a sad moment for know that my colleagues will join me as well as to his staff in the Wash- Americans who serve in the Armed in extending to Laura and Herb’s chil- ington, D.C. and Newport News offices. Forces of our country. Herb Bateman dren our expressions of sympathy dur- America’s First District and the was a friend. He was a colleague. We ing this time of their bereavement. I United States House of Representatives served on the Committee on Armed again thank the gentleman from Vir- have lost a friend. Services together, and I saw him ginia (Mr. BLILEY) for having taken Mr. BLILEY. Mr. Speaker, I yield 1 through the years apply his consider- this time out in honor of Herb. minute to the gentleman from Rocky able knowledge and his considerable ef- Mr. BLILEY. Mr. Speaker, I yield 2 Mount, Virginia (Mr. GOODE). forts in the pursuit of maintaining a minutes to the gentleman from Alexan- (Mr. GOODE asked and was given strong national security. He was the dria, Virginia (Mr. MORAN). permission to revise and extend his re- chairman of the Subcommittee on Mr. MORAN of Virginia. Mr. Speak- marks.) Military Readiness and took that posi- er, I want to thank the very distin- Mr. GOODE. Mr. Speaker, I rise to- tion quite seriously. We have, as a re- guished gentleman from Virginia (Mr. night to pay tribute to a valued friend, sult, considerably more readiness; and BLILEY) for bringing forth this resolu- a patriot, a veteran Member of this the men and women of our uniformed tion to pay tribute to our friend and body, a distinguished Virginian, and a services are all the better for his work. colleague, Herb Bateman. devoted husband, father, and grand- Herb was a man of integrity, a man Mr. Speaker, Herb was a quintessen- father. of knowledge, a man of ability who tial Virginia gentleman. He was When someone dies, floods of gave his country his best. We have en- unfailingly polite and gracious to the thoughts and recollections about that joyed serving with him here in the Con- people around him. He always had a individual come to mind. Such it was gress of the United States. We have en- kind word for Members and staff, and yesterday morning when I learned of joyed being his friend. My wife, Suzie, he was easy to approach on any issue Herb Bateman’s passing. I remember and I join with Members today in ex- that one needed to speak with him vividly how Herb helped me over the tending our sincere sympathy to his about. Herb embodied the spirit of ci- years. When I was elected to the State wife, Laura, and to his family, and to vility and bipartisanship that we strive Senate of Virginia, Herb gave me valu- that very, very fine staff that he has, for but too seldom achieve. These per- able insights into how the Senate especially those who are across the hall sonal qualities help to explain why worked and how I might work within from my office in the Rayburn Build- Herb Bateman was so well liked on the Senate to help my district. Four ing. Our sympathy and condolences go both sides of the aisle. years ago when I came to this body, out to them. Beyond his simple decency, Herb was Herb was one of the first to extend his Mr. BLILEY. Mr. Speaker, I yield 3 a very effective Member of Congress. knowledge and guidance to help me on minutes to the gentleman from North He was particularly a champion for the my way. Carolina (Mr. COBLE). Navy, for its shipbuilding program, for Herb Bateman loved this country. He Mr. COBLE. Mr. Speaker, I thank the the men and women who serve in all of enlisted in the Air Force during the gentleman from Virginia, my friend, our Armed Forces. As a ranking mem- Korean War and was discharged as a for yielding me this time. ber of the old House Merchant Marine lieutenant. In the Senate of Virginia Just last week, Mr. Speaker, back on and Fisheries Committee, Herb was a and the House of Representatives, Herb the back rail, I said to Herb, you will forceful advocate for a strong U.S. mer- represented areas that have significant be missed, in response to his announced chant fleet and its role in our national military installations. He worked tire- intention to retire from this body. He security and economic livelihood. Gen- lessly on behalf of a strong military said, oh, I will be back. This tells us, erations of Virginians will long appre- and the needs of America’s service men Mr. Speaker, how fragile, how indefi- ciate his work to promote economic de- and women. nite, how uncertain life can be. velopment throughout our State, both In the Senate of Virginia and in this As has been said by other speakers, as a Member of Congress and as a mem- the Congress of the United States, Herb Herb’s congressional legacy will be for- ber of the Virginia State Senate.

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.106 pfrm02 PsN: H12PT1 H7434 CONGRESSIONAL RECORD — HOUSE September 12, 2000 I happened to host the congressional delegation for yielding me this time Herb was very well aware of history, luncheon we had for the congressional and for bringing forth this resolution as has been mentioned by my col- delegation last week, last Thursday. to pay tribute to my friend, Herb Bate- leagues. He was so proud that he rep- Herb was the first one there. Every man, who I have known for 20 years. resented the ‘‘First District of Amer- Member that came in, he greeted them I first met Herb when he was a mem- ica’’ where Washington and Monroe warmly; he was fully cognizant of all of ber of the Virginia Senate and cam- and others came from and who later be- the issues that each of us was con- paigned for the Office of Lieutenant came President of the United States. cerned about in our own districts. He Governor of our State, and I remember He was a man of integrity. He was a was just a warm and terrific guy. He meeting him in Roanoke 20 years ago man who, if he gave his word on any- will be sorely missed, and we extend and being impressed then with the con- thing, you could take it to the bank. our condolences to Herb’s wife, Laura, viction of his beliefs and his dedication Herb was not one of those guys that their children, and their many friends. to public service. Herb did not win that played both sides of the fence. He was Mr. BLILEY. Mr. Speaker, I yield nomination for lieutenant governor; a man of integrity, impeccable integ- such time as he may consume to the but shortly thereafter, with the elec- rity, and one that all of us respected. gentleman from South Carolina (Mr. tion of Paul Tribble to the U.S. Senate, He really had a grasp for the law; and SPENCE), the chairman of the Com- Herb ran for and won the election to when he came down here to speak in mittee on Armed Services, a com- the first congressional district seat. He the well, we knew that he knew what mittee on which Herb served so faith- was so honored to represent the people he was talking about because he re- fully. of that district, which he called not searched it very, very well and spoke Mr. SPENCE. Mr. Speaker, it saddens Virginia’s First Congressional District, from the heart. me deeply to speak of the passing of but because it included Jamestown and b 1745 our good friend and colleague, Herb Williamsburg and Yorktown, he called Bateman. I have known him for a long it America’s First Congressional Dis- He spoke from the heart. He was al- time, he and his wife, Laura. We have trict. ways patriotic and concerned about traveled to many places together, expe- He was a man of great courage and what was best for America first. rienced many things together. He convictions. I serve on the whip team One of the things about Herb that I meant a lot to me personally and to here in the House, and Herb was one of liked was he loved the game of golf. He this Nation. Our Nation has lost a re- the individuals that I would go to be- was not the best golfer in the world, spected legislator and a stalwart de- fore every major vote to find out how but he sure did like it. fender of the men and women of our he planned to vote and Herb always As a matter of fact, he and Laura and Armed Forces. had a well-founded reason why he was I were together the day before yester- During Herb’s time in the Congress, voting for whatever it was that he was day down at Leesburg playing golf, and he devoted his full time and energy to going to vote on, and an independent we had a great time together and had addressing the needs of the United spirit and streak that made him more dinner together. He was in good spirits. States military. Without exception, his than happy to stand up and disagree He went over to the hotel where we actions always reflected his sense of with the majority on an issue if he felt were going to stay for the night, and I duty to the United States and to our it was straying from the principle that can recall vividly as we checked in, I Armed Forces. he felt should be adhered to. He was said, ‘‘Herb, we have to be up early to- When I became Chairman of the Com- morrow morning because the gen- mittee on Armed Services, one of the one that I was proud to go to for advice tleman from California (Mr. PACKARD) first acts on my part was to ask Herb on many occasions, and he always took a deep interest in whatever it was that is having an event and we have to be to chair the Subcommittee on Military there at 8 o’clock.’’ He said, ‘‘I will see Readiness, and also a panel concerning I was doing or other Members of the House were doing, and always tried to you then. I will see you tomorrow.’’ our sea power. Under his leadership, But unfortunately, he was not with us the Subcommittee on Military Readi- be helpful. So I am going to miss my good the next morning. ness has addressed countless difficult So all I can say in closing is that we issues, including the declining state of friend, and I know everyone else here have lost not only a great friend but a the United States military readiness. will as well, someone who stood up for great American, a man who was above One of his most enduring efforts as our Nation’s defenses, was a strong reproach, a man we all respected. chairman of that subcommittee was a supporter of our space program, and a I would like to say to his wife and his series of field hearings he held through- good friend to all of us. family, to Laura and his family, we out the world on military readiness Mr. BLILEY. Mr. Speaker, I yield 2 send our deepest sympathy to her, and that he chaired in an effort to person- minutes to the gentleman from Indiana we are going to miss Herb. ally evaluate readiness problems (Mr. BURTON), the chairman of the Mr. BLILEY. Mr. Speaker, I yield 3 throughout the force. Committee on Government Reform. He went to the source of our prob- (Mr. BURTON of Indiana asked and minutes to the gentleman from New lems and got it firsthand and brought was given permission to revise and ex- York (Mr. GILMAN), the chairman of it back to us and to our military and tend his remarks.) the Committee on International Rela- the Pentagon. Thanks largely to his ef- Mr. BURTON of Indiana. Mr. Speak- tions. forts, the administration and the sen- er, I thank the gentleman from Vir- Mr. GILMAN. Mr. Speaker, I thank ior Pentagon leadership finally admit- ginia (Mr. BLILEY) for bringing forth the gentleman from Virginia (Chair- ted to significant readiness problems in this resolution for our good friend, man BLILEY) for arranging this oppor- 1998. We owe a lot to Herb for doing Herb Bateman. tunity for us to pay our respects to our that. As a Nation, we owe him thanks Herb and I were elected to the Con- good friend, Herb Bateman. for his role in exposing the truth about gress together back in 1982, and I can It is with a great deal of sadness that our Nation’s military. remember right down the hall the I join my colleagues this evening in As his friends and colleagues, we will night that we had dinner with the lead- mourning the passing of a dear friend miss him and mourn the passing of ership, the candlelight dinner with the and a dedicated Member of the Con- Herb Bateman. He touched the lives of Marine Violin Corps playing for us, and gress, the gentleman from Virginia, thousands in his quest to improve our all of us who were elected, 26 Repub- Herb Bateman. Herb was first elected Nation’s Armed Forces. Our country licans at that time, how touched we to Congress in 1982, but very quickly has lost a true patriot; our Congress were by being Members of the United became known to all of us for his ex- and our committee will miss his coun- States Congress for the first time in pertise in the field of military expendi- sel, and I have lost a good friend. our lives. I remember Herb and Laura tures, and often reminded many of us Mr. BLILEY. Mr. Speaker, I yield 2 were really touched by the way we of the need to do much more in that di- minutes to the gentleman from Roa- were received by the leadership and rection. noke, Virginia (Mr. GOODLATTE). what a thrill it was for all of us to be Representing the defense-dependent Mr. GOODLATTE. Mr. Speaker, I Members of the 98th Congress of the Tidewater region of Virginia, Herb’s thank the chairman of our Virginia United States. knowledge of the budgetary needs of

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.142 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7435 the Pentagon made significant invalu- Herb Bateman, and we endured and en- payer groups came out with a rating of able contributions as chairman of the joyed each other’s company through what Member of Congress, not just in Committee on Armed Services’ Sub- the legislative process. their votes but in the bills that they committee on Military Readiness. But Herb was also generous with cosponsored, what was the total cost, It was Herb Bateman who began the something else. This is what I will al- and Herb Bateman was the frugalest of practice of having field commanders ways remember him by. That is, his all of the Members. testify directly before House commit- smile and his greeting on the House Never one for fanfare, to put his tees, in addition to their Pentagon su- floor. When we came up to Herb, he name on a bill to get him votes here periors, which has had a direct and would smile, put his hand on our shoul- and there, he was always conscious this lasting impact on the manner in which der, and say good morning, and then was the people’s money, not his own this body conducts its business. use our name. Then we would say good money to spend. His record bore that Herb Bateman was also a senior morning back. out. It did in subtle ways, never with a member of the Committee on Trans- Herb was, and will always be, a quiet big press release, but the groups that portation and Infrastructure, where he statesman who has done great things came in and examined this could con- accomplished a great deal to make cer- for America. firm Herb’s commitment to the tax- tain that the future of our Nation’s Mr. BLILEY. Mr. Speaker, I yield 3 payer. commercial waterways was going to be minutes to the gentleman from Fairfax His unwavering support of a strong attended to. As an Air Force veteran of County, Virginia (Mr. DAVIS). military and the men and women who the Korean War, Herb was well posi- Mr. DAVIS of Virginia. Mr. Speaker, dedicate their lives to protecting our tioned to assume a leadership role in I rise today to pay tribute to a great Nation seemed to be a part of every- the field of military preparedness. friend, statesman, and colleague from thing he did here. He was very con- As a graduate of William and Mary Virginia, Herb Bateman, who served cerned about what has happened to our College in his own region in Virginia, this body with dignity, honor, and military over the last decade. Always and as a graduate of Georgetown Uni- dedication since his election in 1982. first and foremost in his mind is what versity Law School, Herb brought with I first met Herb Bateman in the 1970s can we do for defense. him an extensive, impressive back- when he was a Democratic State Sen- There was his dedication to cleaning ground with which to grapple the ator from Newport News and I was a up the Chesapeake Bay, his leadership issues facing the Congress and our Na- young legislative aide in Richmond. I on these issues, and so much more. I mourn his loss as a friend and col- tion. met him at a meeting where I was on Upon his discharge from the Air staff and we were revising the Juvenile league, but in truth, the loss of Herb Force at the conclusion of the Korean Code of Virginia. Bateman is a loss to the national land- War, Herb worked both as a practicing I will never forget the first meeting. scape. This body could use more legis- lators like Herb Bateman. More than attorney and as a teacher, instilling in He said, ‘‘I don’t know anything about just a Member of Congress, he will be him both a love for the legal traditions this subject. They put me on it.’’ Ev- remembered as a father, a husband, a and an appreciation of the importance erybody else was instant experts in the teacher, an attorney, an Air Force lieu- of a strong education for our young room. At the end of the study, Herb tenant, defender of freedom around the people. Bateman wrote most of the revisions of world. Herb brought with him to the Con- the Code. He was a doer. He was a de- I want to extend my deepest sym- tailed legislator. He wanted to under- gress 15 years of experience in the Vir- pathies to his wife, Laura, and their stand all the ramifications of what ginia State Senate. Legislative experi- children. One of his sons is a Newport happened. ence is an important aspect of congres- News city councilman today. I cannot Many times when we would have sional life today, as we all know. We tell the Members how very much I will tough votes here on the floor and we are fortunate that Herb Bateman miss this great man. brought with him that kind of an in- would go to Herb, he would talk about Mr. BLILEY. Mr. Speaker, I yield 2 sight into the legislative process. how things were being implemented, minutes to the gentleman from Ala- My spouse, Georgia, joins with me in how the bill would affect different peo- bama (Mr. RILEY). extending our heartfelt condolences to ple, how it would play out, how it Mr. RILEY. Mr. Speaker, I thank the Herb’s widow, Laura, with whom we would work. Never did I hear him say, gentleman for yielding time to me, and traveled, both Herb and Laura, on what are the politics of this? This was for organizing this. many trips; to their daughter, Laura; a man who rose above the politics of Mr. Speaker, when I first heard of to their son, Herb, Junior; to their the moment. This body could use a few Herb Bateman’s death, it reminded me daughter-in-law, Mary; and to the more people like him, who never en- again never to put off things that we grandchildren, Emmy, Hank, and Sam. gaged in the harsh partisanship that need to do today. The Bateman family can console itself sometimes characterizes this body, I have had the privilege of serving on with the knowledge that many of us particularly now that it is so closely Herb Bateman’s subcommittee for the here in the House share their sense of divided. last 4 years. The one thing that I want- loss, and that Herb Bateman was a true Herb was a gentleman always, a ed to do before his retirement was have gentleman, an outstanding public serv- great patriot. I will never forget his the opportunity to take Herb to lunch ant who is going to long be missed. kind and valuable tutelage when I first and thank him for all he has meant to Mr. BLILEY. Mr. Speaker, I yield 1 came here to the House, his leadership me personally over the last 4 years. minute to the gentleman from Mary- on the Committee on Transportation Herb is one of those really unique land (Mr. GILCHREST). and Infrastructure, and of course, his people that I have met in life that I Mr. GILCHREST. Mr. Speaker, we leadership on military affairs, some- really think made me a better person, rise here today to say good-bye to Con- thing many of my colleagues have spo- and I know made me a better Congress- gressman Herb Bateman, and to extend ken about here, and his undying sup- man. Herb had a way about him on our the depths of our condolences to Mrs. port for the Newport News shipyard, subcommittee. He had a way of work- Bateman and to his family. where he was just a staunch defender ing with new Members to make us feel Mr. Bateman was known around here in the House of Representatives, comfortable, but to also teach us about here, the House floor, simply as Herb. and the teamwork with Senator WAR- dedication, teach us about patriotism. He was a quiet statesman. I served on NER I think has saved that institution Herb has been a great influence on the Subcommittee on Water Resources and made it much of what it is today, my life and on the lives of so many and Environment with Herb, and also through some very trying times. other Congressmen here. I only wish on the Committee on Transportation On a political and ideological level that I had had the opportunity to take and Infrastructure, and I can tell the there was much to learn from Herb: his Herb and specifically tell him how Members that Herb was very generous fiscal conservatism, his commitment much he has meant to me in my 4 with his opinions. In fact, I can tell the to restraining big government and pro- years here. Members that there are few people who tecting the taxpayers’ interests. I will I will miss Herb Bateman. Virginia are more pleasantly opinionated than never forget, one year the national tax- has lost a great son. America has lost

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.113 pfrm02 PsN: H12PT1 H7436 CONGRESSIONAL RECORD — HOUSE September 12, 2000 a great patriot. I have lost a great Laura, to his children, Herbert Junior, about Virginia’s First District, he friend. I want to tell Laura and the and to Laura, and his beloved grand- liked to talk about America’s First children and all of his family that we children, whom I know he cherished District, as he really enjoyed the tre- will continue to remember them in our most of all. mendous heritage of Newport News and prayers, and we thank them for the op- Herb, we will truly miss you. Williamsburg and the great foundation portunity of knowing him. b 1800 building of our country. Mr. BLILEY. Mr. Speaker, I yield 3 I was able to work with Herb as we minutes to the gentlewoman from Mr. BLILEY. Mr. Speaker, I yield 2 worked hard to make some arrange- Jacksonville, Florida (Mrs. FOWLER). minutes to the gentleman from Vir- ments that helped preserve the origi- Mrs. FOWLER. Mr. Speaker, I thank ginia (Mr. PICKETT). nal, the boyhood home of George Wash- the gentleman for yielding time to me. Mr. PICKETT. Mr. Speaker, it is with ington, Ferry Farm, in his district. Mr. Speaker, I rise today with a sadness and grief that I rise in this Recently we were talking about what heavy heart to join my colleagues in Chamber today. Herb Bateman was a we could do to more appropriately paying tribute to an accomplished leg- long-time friend, and someone I en- honor the memory of James Monroe islator, a genuine patriot, a true gen- joyed working with. We began working whose law office was in Fredricksburg tleman, and a valued friend. Represent- together when he was in the State Sen- in his district. ative Herb Bateman of Virginia de- ate and I was in the House of Delegates I had a chance to be part of the dele- parted this world yesterday, but his in the General Assembly of Virginia. I gation to the NATO Parliament with legacy will endure for many years to also had the occasion to work with him Herb Bateman, a group that is headed come. in the practice of law. by the gentleman from Virginia (Chair- Herb’s life was one of distinguished Herb was a talented, thoughtful per- man BLILEY) as the president of that public service. Upon graduation from son who believed that the public’s busi- group. Herb’s support of our country the College of William and Mary, he ness should be conducted in an open was always so strong and so well pre- enlisted in the Air Force and served and an objective forum with dignity sented in those forums where people during the Korean War. He went on to and respect, both for the process and from other countries came together. He receive a law degree from Georgetown the individuals participating in it. was a man of gentle persuasion, but a University, and served as a clerk with He was a thoughtful and articulate man of strong feelings; and he was a the United States Court of Appeals. man who presented his views with elo- man who enjoyed life. After returning to his hometown of quence in a logical, persuasive, and As we talk at my house about our Newport News, Virginia, to practice convincing way. But he was not only a good friends, Herb Bateman and Laura law, he ran for and secured a seat in knowledgeable and effective advocate, Bateman, we always talk about the su- the Virginia Senate, where he served he loved his family and was generous perlatives he was able to use to de- scribe almost every event or every day for 15 years, and subsequently he ran and firm in his support. or every happening or every friendship. for this great U.S. House of Represent- He and his wife, Laura, were an en- I do not know that I was ever around atives, serving for 9 successive terms. tertaining and engaging couple. They During that time, Herb emerged as a were great companions and loved to anybody who would more frequently use words like magnificent and fan- leading supporter of our men and travel and played golf. They were both tastic and splendid to describe what we women in uniform, and a staunch de- genteel and understanding in their have as Americans or to describe his fender of America’s national security friendship and in their willingness to support and help others in times of ad- opportunities. interests. As chairman of the Sub- I am glad to be able to join with versity. committee on Military Readiness of those here today who remember him as Herb Bateman was a man of char- the Committee on Armed Services, on we will continue to work for civil avia- acter and stature who earned our re- which I served, his judicious approach, tion and research and the military in spect and left a record of hard work his gentlemanly demeanor, his careful his memory in the remainder of this and accomplishment. He will be missed attention to detail, and his strong hand Congress and the years ahead. helped that subcommittee navigate by his friends, but he will also be Mr. BLILEY. Mr. Speaker, I yield 1 often rocky shoals. missed by his community, his State, minute to the gentlewoman from and his Nation. His chairmanship of the sub- Maryland (Mrs. MORELLA). committee in the Committee on Trans- Herb was a man of ideas and vision. Mrs. MORELLA. Mr. Speaker, I portation and Infrastructure was For more than 25 years it was my thank the gentleman from Virginia marked by a similar focus and dedica- pleasure to work with him on legisla- (Mr. BLILEY) for yielding me the time tion. Herb’s unshakable commitment tive issues in the General Assembly of and for introducing a resolution on a to our Nation’s servicemen and women, Virginia and in the House of Represent- very special man. ensuring their readiness, enhancing atives of the United States. I will miss Herb Bateman represented the First their working conditions, and improv- his comfortable friendship, his wise District of Virginia. Well, he is first in ing their quality of life, was a lodestar counsel, and his dedicated leadership. the hearts of the people of this Con- for our committee. I extend my profound sympathies and gress and the people of his district and Much public discussion of late has fo- condolences to his family with the the people of his Nation. cused on the readiness challenges fac- knowledge that God’s grace will see Herb served for 30 years in elective ing our military personnel, and this them through this difficult period. office and then very reluctantly, be- Congress has been moved to augment Mr. BLILEY. Mr. Speaker, I yield 2 cause of his health, said this would be the resources available to our military minutes to the gentleman from Mis- his last term. Little did he realize it to address those woes. Much of the souri (Mr. BLUNT), the Chief Deputy would be his last opportunity to be credit for that belongs to Herb Bate- Whip. with his family, with his wonderful man. Mr. BLUNT. Mr. Speaker, I thank wife, Laura, and all of his family and As one who served with Herb on both the gentleman from Virginia for yield- friends, to just relax and not worry the Committee on Armed Services and ing to me and for taking time to recog- about schedules. the Committee on Transportation and nize the great service today of our He was, in the truest sense, a gen- Infrastructure, and who was fortunate friend, Herb Bateman. Herb, in so tleman who was a patriot. He served in to get to travel with Herb and his wife, many ways, served our country so well, the military. He, in Congress, paid at- Laura, on several occasions and get to as a Member of the General Assembly, tention to those issues. He was also a know them really well personally, I am as a Member of the Congress, as a serv- gentleman in terms of how he treated truly going to miss him deeply. iceman during the Korean War, and felt others. He was always very fair and Our Nation, the commonwealth of so strongly about our country and felt compassionate with a sense of humor, Virginia, and his constituents in the so strongly about his State and felt so the kind of thing that we need, as Lin- First District have lost a true states- strongly about our institutions. coln said, to bring out the better an- man and a strong champion. I extend When Herb Bateman talked about the gels of our nature; and Herb Bateman my most heartfelt sympathies to First District, he did not like to talk did that.

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.115 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7437 We will all miss him. I hope that we As a young veteran in Korea, in the When we were in the field, he was dogged will all look to him as a role model, war, he demonstrated the unselfish about seeing that the taxpayer's money was particularly when we deliberate issues commitment and sacrifice, like many well spent. and recognize that there are issues of our great forefathers that have come Tonight, I am thinking about my friend, Herb that really require us to all come to- before us. Bateman, but my sympathies are with his gether. As a colleague, he was a mentor and beautiful family, particularly his lovely wife So to Laura and to his family, he will confidant and a true inspiration as I Laura. live on in love. We will miss him. served with him, junior, on the Com- Laura always traveled with Herb and I got to Mr. BLILEY. Mr. Speaker, I yield 1 mittee on Armed Services. Most impor- know them as a couple, away from the rigors minute to the gentleman from Cali- tantly, though, he was a friend; and he of Capitol Hill and the legislative grind we face fornia (Mr. PACKARD). will be missed. each day. Mr. PACKARD. Mr. Speaker, I thank Many of us shared Herb’s values and There will be one legacy that should be for- the gentleman for yielding me this beliefs of duty, honor, and courage; ever associated with Herb BatemanÐhis pas- time. commitments to God, country, and sion and his commitment to keeping the Mr. Speaker, I did not come here to family and our fellow man. He will be troops who wear the uniform of the United the floor with the intention of speak- greatly missed but his legacy will live States ready for war. ing, but I could not help but partici- on. Together, we tackled a host of issues that pate in this discussion to honor Herb Mr. BLILEY. Mr. Speaker, I yield 1 affected the readiness of the U.S. military. Bateman and his wife and family. They minute to the gentleman from Texas I hope that in Herb's memory, this chamber came to Congress with me. We were (Mr. ORTIZ). can celebrate the non-partisan patriotism that classmates together. We quickly be- (Mr. ORTIZ asked and was given per- his example brought to us. came very close friends. My wife, Jean, mission to revise and extend his re- Mr. BLILEY. Mr. Speaker, I yield 2 and Laura Bateman became close marks.) minutes to the gentleman from Ne- friends quickly. I have been into his Mr. ORTIZ. Mr. Speaker, with a braska (Mr. BEREUTER) who leads our district many, many times, at least heavy heart, I rise and support this res- delegation to the North Atlantic As- once a year, and saw the love and the olution before the House today to com- sembly, with whom Herb traveled fre- appreciation that his constituency had memorate the life and service of our quently. for him and the work that he was colleague, Herb Bateman and, at this (Mr. BEREUTER asked and was doing. time, would like to offer my condo- given permission to revise and extend But he was one of those who I would lences to his lovely wife, Laura; his his remarks.) Mr. BEREUTER. Mr. Speaker, when consider one of the real gentleman of children; and his grandchildren. the Congress. He got along with both I will never forget the special memo- the gentleman from Virginia (Mr. BLI- sides of the aisle. He worked with all ries I made with Herb when we were in LEY) called my office yesterday to in- people. He was gentle in his approach. Europe just a few weeks ago. We were form me of the passing from this life of our colleague Herbert Bateman, my He was my kind of a gentleman in the of the legislative delegation visiting wife Louise and I were shocked and Congress. He was a statesman. I our troops in Scotland, Italy, and Ger- profoundly saddened by his departure learned to love him a great deal and many. As always, Herb was inves- from this life, and we want to convey appreciate the work he has done and tigating whether the people in the field to Laura Bateman and to the family of his commitment and loyalty to Amer- were getting the equipment which we the Batemans and their close friends ica and the principles that we stand had paid for. for. He will be sorely missed. In Herb’s service, one of the things our most sincere condolences. Herbert Bateman is one of those col- I was shocked yesterday to find that that always impressed me was the atti- leagues that I had great pleasure to he was scheduled to be involved in an tude towards the soldier in the field. serve with. He was, in the modern event that I was sponsoring only to This institution can be rightly proud sense of the word, a patriot. He took find that he was taken to the hospital that the Chairman of our Committee great pride in representing the people and later died. I want to pay tribute to on Armed Services Subcommittee on of the First Congressional District of him as a gentleman, a man of convic- Military Readiness, of which I was his Virginia. So much profound historical tion, as a great American, and one that ranking man, was led by a man so com- importance, so many important per- I love dearly. pletely immersed in the needs of the sonalities came from that part of Vir- Mr. BLILEY. Mr. Speaker, I yield 1 everyday soldier and sailor in the mili- ginia that our friend Herb never tired minute to the gentleman from Indiana tary. (Mr. BUYER). He was an effective advocate for the of citing the examples for us to live up Mr. BUYER. Mr. Speaker, while it interests of his district, to be sure, but to as a result of the heritage of the Dis- deeply saddens me to stand in the well that quiet advocacy was always applied trict that he represented. It is true, as mentioned by the gen- here to pay tribute to my dear friend to seeing to the basic needs of those tleman from Virginia (Mr. BLILEY and former colleague, Mr. Bateman, I who wear our military’s uniform. ) can do so with fond memories, as I pass Herb was a real gentleman. Again, to that, in fact, Herbert Bateman was a the love and thoughts and prayers from his friends and family, Laura, I offer very active, a very involved Member of Joni and my family to Laura and my condolences. the delegation that met with the North Herb’s family. Herb was a real gentleman, and he treated Atlantic Assembly, now called the It is individuals like Herb Bateman people with great respectÐfrom presidents to NATO Parliamentary Assembly. He that give the American system of gov- generals to Capitol Hill staffers to new recruits represented the House very well in that ernment, indeed this legislative body, in the field. capacity, as I am sure he did in all of honor, dignity and respect. His char- While he was a Republican and I am a his activities, especially the Com- acter embodied by faith, hard work, Democrat, our partisan affiliations never af- mittee on Armed Services, which was discipline and commitment serve as an fected how we went about our work. very important to Herb, very impor- example to us all. One of the things that I loved most about tant to his District. He distinguished himself with a sense Herb was the way he conducted his business I admired Herb Bateman for many, of justice and sound judgment. He was without partisan rife. many reasons, but among them is the known for his superior knowledge, eth- When the defense authorization bill was in fact that he would, after examining an ics, and both physical and moral cour- conference, he was always careful to tend to issue, be true to his commitments. age. Above else, he was a man of integ- the needs of individual members on the com- Herb could be the only person voting rity. mitteeÐwhich I appreciated very much. for an issue if he felt that was the right As a Member of Congress, he pos- We did business the same way that wayÐ way to vote. sessed the political prowess and the national defense of the United States is When one says integrity, when one saviness that is necessary in the legis- not a partisan endeavor. says conviction, with respect to Herb lative process. But he did it to help en- Neither of us are strident partisans, and Bateman, that is not an exaggeration. sure this Nation’s military readiness working toward a larger purpose on our na- He provided great service to his Dis- was the best in the world. tional defense was our common goal. trict. He provided an example for all of

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.117 pfrm02 PsN: H12PT1 H7438 CONGRESSIONAL RECORD — HOUSE September 12, 2000 us to live up to in the course of our the issues that were critical both to could spend more time with his family. service here in the U.S. House of Rep- Virginia and the State of Florida. He was planning the kinds of things resentatives. I join our colleagues in offering con- that he was going to do when he no We will miss greatly Herb Bateman. I dolences to his family. I got to know longer had the pressures that are obvi- wish he had had a chance to enjoy his him in the way that he is, a quietly ef- ous here in this body. retirement which was upcoming. I fective person who, obviously, is a tre- Unfortunately, today we have to ac- know he thought he spent his time well mendous patriot and statesman and knowledge Herb’s leadership and his here, and so did all of us. will be missed by all of us here in this passing and he never got to enjoy that Mr. BLILEY. Mr. Speaker, I yield 2 Congress. retirement with his wife and his fam- minutes to the gentleman from Ken- I am grateful that I had the pleasure ily. But what a legacy Herb left for all tucky (Mr. ROGERS). of getting to know such a distinguished of us. Mr. ROGERS. Mr. Speaker, when gentleman as Herbert Bateman. He was the ultimate in terms of what they write the book on the model con- Mr. BLILEY. Mr. Speaker, I yield 1 a Member of Congress should be. He gressman, I think Herb Bateman minute to the gentleman from Texas had integrity. He was hard working. should be chapter one. Here is a gen- (Mr. REYES). There was not a dishonest bone in his tleman who, although soft spoken most (Mr. REYES asked and was given per- body. He was dedicated both to his Vir- of the time, when he saw a wrong-head- mission to revise and extend his re- ginia district, but he also was dedi- ed position being taken or he saw the marks.) cated to the people of America who Nation’s interest being flaunted, there Mr. REYES. Mr. Speaker, I thank the serve in uniform. He was always look- could be no more forceful speaker than gentleman from Virginia for yielding ing for the right way to make sure that Herb Bateman. We have all seen him in me the time. our troops who were serving around the our caucus and on this very floor. He Mr. Speaker, during these difficult world were properly prepared and would take the floor infrequently, but times where we truly understand the trained and protected to represent this when he did, we knew something was relationship that we have with each great Nation. on his mind, and he spoke it very, very other, whether or not we agree politi- Herb was the consummate Member of well; and he was forceful. cally, whether or not we sit on the Congress. When he got into an issue, He was a man, a Representative who same side of the aisle, I had the oppor- you knew that Herb would stay with I think, in the truest sense of that tunity to learn from Herb Bateman, an that issue because he believed it to be word, represented his people extremely individual who served this country in the right issue and the right side of well here in this body. He paid atten- so many different ways. that position whether or not our party tion to the needs of his people back Earlier when I found out that he was was for it or against it. Herb had con- home. He knew their problems. He in fact going to be retiring at the end viction. worked their problems. He tended to of this term, I asked him, I said, Herb, Herb was someone you could always his people’s business here in a most ef- how do you know when it is time to re- count on to be presenting the right ficient way. He truly was a representa- tire? He said, ‘‘Every individual knows thing in terms of our military but for tive of his people. individually when it is time to go. For other groups. He was a strong sup- me, I want to go home and I want to porter of our fire and EMS community, b 1815 spend time with my family and with looking for ways to help support the Then on national issues, Herb was Laura.’’ volunteers and the paid firefighters one of the House’s experts on military This evening, as we pay tribute to down in Virginia and around the coun- matters, of course a very forceful advo- Herb, I want Laura and his two chil- try. He was someone who all of us cate for a strong national defense in dren and his grandchildren to know could use as a role model, as I did for the Committee on Armed Services and that Herb was a man that we all deeply the years that I have served in this on the floor of this body, and indeed, as respected, a man that we loved, and body, having first met Herb as a junior the gentleman from Nebraska (Mr. BE- that, although at times we might have member of both the Merchant Marine REUTER) has said, in places like the disagreed with him politically, we are Committee and the Committee on NATO Council and the international truly all in this together, and we feel Armed Services. bodies that he attended overseas, rep- your loss every bit as much as you do. He will be sadly missed. And to resenting this House and representing Mr. BLILEY. Mr. Speaker, I yield 2 Laura and his family, we say, Laura, our country in a most effective and minutes to the gentleman from Penn- our thoughts and our prayers are with heartfelt way. sylvania (Mr. WELDON), a member of you. Herb has done a great deed, and he There is no more reasonable person the Committee on Armed Services. truly is a statesman. than Herb Bateman. There can also be (Mr. WELDON of Pennsylvania asked Mr. BLILEY. Mr. Speaker, I yield 1 a Herb Bateman that could let you and was given permission to revise and minute to the gentleman from Ten- know exactly how he felt from the tip extend his remarks.) nessee (Mr. TANNER). of his toes all the way up. This body Mr. WELDON of Pennsylvania. Mr. Mr. TANNER. Mr. Speaker, when will miss this great statesman. We will Speaker, I thank my colleague for Betty Ann and I came to Congress in miss this personal friend. We wish for yielding me the time. 1989, Herb and Laura were some of the Laura and the family all the very best. Mr. Speaker, I rise in shock and dis- first people we met. I was on the Com- Mr. BLILEY. Mr. Speaker, I yield 1 belief. I never would have imagined mittee on Armed Services at the time. minute to the gentleman from Florida last Wednesday and Thursday as we sat And he was a good and decent man. (Mr. HASTINGS). on the conference committee between More than that, he was a gentleman (Mr. HASTINGS of Florida asked and the House and the Senate working out and a friend to me, he and Laura to was given permission to revise and ex- the differences between our two bills Betty Ann and I. tend his remarks.) on defense sitting next to Herb Bate- We traveled many times on CODELs Mr. HASTINGS of Florida. Mr. man, where Herb was aggressively to the NATO meetings with I see the Speaker, I thank the chairman for vocal on issues that were important to gentleman from Nebraska (Chairman yielding me the time. our military personnel, important to BEREUTER) over there and the gen- Mr. Speaker, when I came to Con- the readiness of our troops, that we tleman from Virginia (Chairman BLI- gress in 1992, among the first commit- would be eulogizing today Herb on the LEY). And I could just simply go on and tees that I had the pleasure of serving floor. on. on was the Merchant Marine Com- Just 6 short weeks ago, Herb and I am going to say this about Herb mittee; and at that time Herb Bateman Laura were guests of ours in Philadel- Bateman: he looked for the best in oth- was the ranking member. phia at the convention where we enter- ers, and he gave us the best he had. He I knew very little about the process, tained 100 Members of Congress for the always put his constituents and his and it may come as a surprise to some entire week at our former military country first. And if there were more that a person like Herb would take base. Herb was in great spirits and Members of Congress like Herb Bate- time to walk me through a number of looking forward to his retirement so he man, this place would be a better place

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.143 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7439 and our country would be the better for issues. He was instrumental in the clean-up of and it is now the Thomas Jefferson National it. the Chesapeake Bay, bringing more than $200 Laboratory. Mr. BLILEY. Mr. Speaker, I yield 2 million from the federal government to pre- For the last 16 years, he served on the minutes to the gentleman from Michi- serve the Bay. Finally, Herb always held Armed Services Committee. On that Com- gan (Mr. EHLERS). steadfast in his fiscal discipline and I have mittee, he served as the ranking member of (Mr. EHLERS asked and was given long admired his work on behalf of the na- the Military Personnel Subcommittee for three permission to revise and extend his re- tion's taxpayers. terms, and later as the Chairman of the Mili- marks.) America also lost one of its cherished vet- tary Readiness Subcommittee. He also Mr. EHLERS. Mr. Speaker, it is an erans yesterday. Herb enlisted in the Air Force chaired the Armed Services Committee panels honor to speak about Herb Bateman, during the Korean War and for his service, we on Morale, Welfare and Recreation and the although, there is little I can add to all owe him a debt of gratitude. Merchant Marine. In addition to working to as- that has been said already. My heart and my prayers go out today to sure that U.S. troops were treated fairly, and I am a junior Member of this body Herb's wife Laura, his two children and his ex- that the readiness of U.S. forces was main- and have not worked with him for long. tended family. My thoughts also go out to the tained, Herb fought to secure construction of But I have been with him on the Com- citizens of the First District of Virginia, to new nuclear aircraft carriers and new attack mittee on Transportation and the In- which Herb affectionately referred as ``Amer- submarines. The construction of these vessels frastructure and always appreciated ica's First District.'' They will sorely miss his not only meant jobs for the largest employer in his forthrightness, his capability, and outstanding leadership. his district, Newport News Shipbuilding and the attitude with which he attacked Mr. YOUNG of Alaska. Mr. Speaker, I was Drydock Company, but more importantly as- the work, particularly that work deal- saddened yesterday to hear of the death of sured our ability to project force throughout ing with the military. my longtime colleague, Herb Bateman. I had the world, when needed, and to protect our But, in addition to that, I do have to the pleasure of serving with Herb on the shores from attack. say that Herb was the consummate former Merchant Marine and Fisheries Com- While he served on the Committee, two at- Virginia gentleman. I always found mittee from the beginning of his first term in tack submarines were named for the two larg- him to be extremely gentlemanly, very Congress in 1983 until the Committee was est cities in his district, Hampton and Newport helpful, very thoughtful, very thor- dissolved in 1995, and since that time on the News. He was very proud that Laura served ough. Transportation and Infrastructure Committee. as the sponsor of the U.S.S. Hampton, which My best knowledge of him comes Having seen his work firsthand on these Com- was named for her hometown. In keeping with from the trips we have taken to Europe mittees, I can tell you that the United States maritime tradition, she conferred luck on the as part of the NATO parliamentary as- maritime and shipbuilding industries have had vessel by christening it on the first swing of sembly that has been ably led by the no greater friend. He not only received the the champagne bottle. The U.S.S. Newport gentleman from Nebraska (Mr. BEREU- Propeller Club of the United States Maritime News was named after Herb's hometown, TER). Herb was a regular on those trips, Industry Salute to Congress Award in 1995, where he had moved to as a child. along with his wife Laura; and he al- but after announcing his retirement earlier this Herb also worked to protect the numerous ways had a major contribution to year, he was awarded the first ever Herbert H. other military facilities in his district, and was make. Bateman Award by the American Shipbuilding proud that none were closed during the base He was much more diplomatic than I Association and the Helen Delich Bentley closing process. The facilities in his district in- am, because I tend to ask very direct Award by the Propeller Club of the Port of cluded the Army Training and Doctrine Com- questions and hope for direct answers; Washington. In his own district, he worked mand at Fort Monroe, the Army Transportation but Herb was at his best in dealing hard to see that the port of Hampton Roads Command at Fort Eustis, the Naval Weapons with individuals from foreign coun- remained competitive, and introduced legisla- Center at Dahlgren, the Aegis Training Center tries. He would ask those same ques- tion, which ultimately became law, to deepen at Wallops Island, on Army training facility at tions and, hidden underneath the way the channels there to 55 feet. Fort A.P. Hill, and Langley Air Force Base in he asked it, it was still a very direct During his tenure on the Merchant Marine Hampton. Not only did he support military fa- question; but asked in a very diplo- and Fisheries Committee, he served as the cilities when in Congress, but he also served matic and very statesman-like way. In Ranking Member of the Oceanography and in the Armed Forces as an Air Force intel- his behavior, in his actions, and par- Merchant Marine Subcommittees. On the ligence officer. ticularly in his interaction and ques- Oceanography Subcommittee, he successfully Herb was proud to represent Virginia's First tioning with leaders from foreign coun- shepherded through legislation that created Congressional District, which he liked to call tries. the National Oceanographic and Atmospheric ``America's First District''. The district included I will never forget the lessons that I Administration's (NOAA) Chesapeake Bay Of- not only Jamestown, where American rep- have learned from him. I deeply appre- fice, and authorized the Sea Grant oyster dis- resentative government was founded, but also ciated Herb in all aspects of his life ease research program. That research has led Williamsburg where America's democratic tra- that I dealt with him. It is with great to the first small steps that are now being dition was nurtured and matured, and York- sorrow that I learned about his demise taken to restore oyster populations in the town where our country's freedom was finally this past week. Chesapeake Bay. Much of that work is being won. During his first term, a resolution that he I certainly wish his family, and espe- done at the Virginia Institute of Marine sponsored was adopted to commemorate the cially Laura, God’s blessings and com- Science at Gloucester Point. On the Merchant signing of the Treaty of Paris that formally fort at this sad time; and I can only say Marine Subcommittee, he authored legislation ended the Revolutionary War. In fact, Herb that Herb was a wonderful man and that established the National Shipbuilding Ini- was honored to represent the U.S. Congress you can be proud of him as a husband, tiative. when he joined the Speaker of the British father, and grandfather. During his freshman term, he served on the House of Commons, the Honorable Betty Mr. TRAFICANT. Mr. Speaker, the House of Science Committee where he worked to sup- Boothroyd, in 1994 to celebrate the 375th An- Representatives suffered an enormous loss port the interests of the space and aero- niversary of the first meeting of an elected yesterday with the death of our colleague nautical programs at the National Aeronautics representative body in North America, the Vir- Herb Bateman. Herb was the consummate and Space Administration's Langley Research ginia House of Burgesses. The House of Bur- gentleman and a fine American. I had the Center in Hampton, Virginia. His wife of 46 gesses was the predecessor of the Virginia honor to serve with him for the past fifteen years, Laura Yacobi Bateman, worked at State Senate where Herb served from 1968 years and have never known a more caring Langley before their marriage. He also used until he came to Congress. and capable Member. those two years to assure that the Department At different times, his district also included Herb's list of accomplishments is seemingly of Energy's Continuous Electron Beam Accel- the James River plantations, the birthplaces of never ending. Here are just a few examples of erator Facility would be located in Newport both George Washington and Robert E. Lee, Herb's contribution to this body and this coun- News, Virginia. He was successful in that ef- and many Civil War battlefields. These include try. As a member of the Military Readiness fort, and the completed facility is now con- sites of the two Peninsula campaigns, Subcommittee and the House Merchant Ma- ducting cutting edge research that will help us Chancellorsville, the Wilderness, and the bat- rine Panel, Herb was a leader in helping understand the most basic structure of the tle of Fredricksburg. He was successful in America make the right decisions in regard to physical world. He also led the efforts to re- gaining Federal assistance for the privately- commercial and defense related maritime name the facility for his personal political hero, owned George Washington childhood home

VerDate 12-SEP-2000 06:41 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00065 Fmt 4634 Sfmt 9920 E:\CR\FM\K12SE7.125 pfrm02 PsN: H12PT1 H7440 CONGRESSIONAL RECORD — HOUSE September 12, 2000 site, and funds to acquire additional historic Newport College in 1992 and Mary Wash- XX, the Chair will now put the ques- property that was threatened by inappropriate ington College in 1999. tion on each motion to suspend the development at the Fredricksburg and Spotsyl- This is not a comprehensive list of Herb's rules on which further proceedings vania National Battlefield Parks, and adjacent work and achievements during his time in were postponed in the order in which to the Colonial National Parkway. Congress, but it shows you how his life and that motion was entertained. In addition to the founding of Jamestown, work were intertwined with the parts of tide- Votes will be taken in the following and the defeat of Cornwallis at Yorktown, an- water Virginia that he so ably represented for order: other major historic event occurred in the wa- 18 years. I know his constituents will miss H.R. 2090, by the yeas and nays; ters just off the Virginia Peninsula, the battle him, and it saddens me to think that he will H.R. 4957, by the yeas and nays; of the Monitor and Merrimac, or as the confed- not be able to enjoy the retirement that he H.R. 3632, by the yeas and nays; erates called it, the Virginia. This one-day bat- planned to begin in January. My sympathy H.R. 4583, by the yeas and nays; and tle changed the course of Naval warfare for- goes out to Laura, his children Bert and Laura, S. 1374, by the yeas and nays. ever. Unfortunately, the Monitor was lost soon Bert's wife Mary, and Herb's beloved grand- The Chair will reduce to 5 minutes afterward off the coast of North Carolina. The children, Emmy, Hank and Sam. the time for any electronic vote after Monitor was located in 1972, and became the Mr. SHUSTER. Mr. Speaker, Herb Bateman the first such vote in this series. first United States National Marine Sanctuary. was more than an outstanding Congressman. The Sanctuary headquarters is located at the He was an outstanding American and a fine f Mariners' Museum only a few blocks from gentleman. We contributed mightily to his Dis- Herb and Laura's Newport News home. At trict, his state and the nation. He served to- EXPLORATION OF THE SEAS ACT Herb's request, Congress required the Na- gether on the Transportation and Infrastructure The SPEAKER pro tempore. The tional Oceanic and Atmospheric Administration committee where his wise advice was sought pending business is the question of sus- (NOAA) to prepare a report on the long-term and followed. We travelled together on several pending the rules and passing the bill, conservation of the MONITOR. As a result of Delegation trips around the world, and he and H.R. 2090, as amended. his wife, Laura, were a delight to be with. that study, a multi-year project is underway to The Clerk read the title of the bill. America is less bright today because of the The SPEAKER pro tempore. The stabilize the wreck, and recover, conserve, passing of my friend and colleague, Herb question is on the motion offered by and display historically significant portions of Bateman. But America is better today because the gentleman from New Jersey (Mr. the vessel. I am sure Herb will be pleased to of his life. May he rest in peace. know that these important historic artifacts will Mr. JENKINS. Mr. Speaker, it is with great SAXTON) that the House suspend the be protected and displayed so near his home. sadness and a heavy heart that I come to the rules and pass the bill, H.R. 2090, as Also near his home is the Monitor-Merrimac floor to pay tribute to our colleague, Congress- amended, on which the yeas and nays Memorial Bridge Tunnel. He helped secure the man Herb Bateman of Virginia. are ordered. funds and permits for this important transpor- Herb was a great gentleman and an excel- The vote was taken by electronic de- tation project as well as the widening of the lent Congressman. Herb spent much of his life vice, and there were—yeas 390, nays 8, Coleman Bridge and I±95 improvements in the dedicated to the career of public service, serv- not voting 35, as follows: rapidly growing northern part of the district. ing his country in the United States Air Force [Roll No. 460] In addition to its military, historic and sci- during the Korean War, representing the peo- YEAS—390 entific research facilities, Herb's district in- ple of Virginia in the Virginia State Senate for Abercrombie Cardin Everett cludes important natural features. He rep- 15 years, and representing the First Congres- Aderholt Carson Ewing resented most of Virginia adjacent to the sional District of Virginia in the United States Allen Castle Farr Chesapeake Bay, including much of the Congress for 18 years. Andrews Chambliss Fattah Archer Clayton Fletcher James, York, Rappahannock and Potomac Herb was a man of honor and integrity who Armey Clement Foley Rivers. His district also includes the last sig- was respected by colleagues on both sides of Baca Clyburn Forbes nificant chain of underdeveloped barrier is- the aisle. He fought for the principles of the Bachus Coble Ford lands which run along the Atlantic Coast from people he represented, and he never wavered Baird Coburn Fossella Baker Collins Fowler Chincoteague to Cape Charles. These islands in those efforts. I am honored to have had the Baldacci Combest Frank (MA) lie off the Eastern Shore of Virginia, a rural opportunity to work with Herb Bateman over Baldwin Condit Frelinghuysen area of great natural beauty that Herb was the past four years. He was a good friend and Ballenger Cook Frost a great Congressman. The United States Barcia Cooksey Gallegly particularly proud to serve. In addition to sup- Barrett (NE) Costello Ganske porting funding for the federal Chesapeake House of Representatives was a better place Barrett (WI) Cox Gejdenson Bay Program, he also authored legislation that with the service of Herb Bateman. I know that Bartlett Coyne Gekas was adopted by Congress to create the East- I share the entire sentiment of the Congress in Barton Cramer Gephardt offering the condolences of the Congress to Bass Crane Gibbons ern Shore of Virginia National Wildlife Refuge, Bentsen Cubin Gilchrest supported the creation of the Rappahannock Herb's family and friends. He will be sorely Bereuter Cummings Gillmor National Wildlife Refuge, and successfully missed by all of us. Berkley Cunningham Gilman GENERAL LEAVE Berman Danner Gonzalez sought funds to expand the Chincoteague Na- Berry Davis (FL) Goode tional Wildlife Refuge. This year, Congress is Mr. BLILEY. Mr. Speaker, I ask Biggert Davis (IL) Goodlatte expected to approve funds he sought to begin unanimous consent that all Members Bilbray Davis (VA) Goodling construction of a new education and adminis- may have 5 legislative days within Bilirakis Deal Gordon which to revise and extend their re- Bishop DeFazio Goss trative center on Chincoteague, one of the Blagojevich DeGette Graham most frequently visited refuges in the country. marks and to include extraneous mate- Bliley Delahunt Granger Herb also authored legislation to ban the use rial on House Resolution 573. Blumenauer DeLauro Green (TX) of highly toxic tributyltin paints in shallow wa- The SPEAKER pro tempore (Mr. Blunt DeLay Green (WI) SHAW). Is there objection to the request Boehner DeMint Greenwood ters. That ban has now been in effect for over Bonior Deutsch Gutierrez a decade. of the gentleman from Virginia? Bono Diaz-Balart Gutknecht Herb was educated and worked in the his- There was no objection. Boswell Dickey Hall (OH) Mr. BLILEY. Mr. Speaker, I yield Boucher Dicks Hall (TX) toric areas he was so proud to represent. After back the balance of my time, and I Boyd Dingell Hansen attending Newport News High School, he, like move the previous question on the res- Brady (PA) Dixon Hastings (FL) Thomas Jefferson, graduated from the College Brady (TX) Doggett Hastings (WA) olution. of William and Mary. While in the Air Force, Brown (FL) Dooley Hayes The previous question was ordered. Brown (OH) Doolittle Hayworth he completed a law degree at Georgetown The resolution was agreed to. Bryant Doyle Hefley University Law School at night. After leaving A motion to recommit was laid on Burr Dreier Herger the Service, he joined the Newport News, Vir- Burton Duncan Hill (IN) the table. Buyer Dunn Hill (MT) ginia, law firm of Jones, Blechman, Woltz and f Callahan Edwards Hilleary Kelly. He retired from the firm as a partner Calvert Ehlers Hilliard when he was elected to Congress. After com- ANNOUNCEMENT BY THE SPEAKER Camp Ehrlich Hinchey ing to Congress, he received an honorary doc- PRO TEMPORE Canady Emerson Hinojosa Cannon English Hobson torate from his alma mater in 1997. He also The SPEAKER pro tempore. Pursu- Capps Etheridge Hoeffel received an honorary degree from Christopher ant to the provisions of clause 8, rule Capuano Evans Hoekstra

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.106 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7441 Holden Menendez Sawyer b 1848 Goodlatte Manzullo Royce Holt Metcalf Saxton Goodling Markey Rush Hooley Mica Scarborough Mr. RUSH changed his vote from Gordon Martinez Ryan (WI) Horn Millender- Schakowsky ‘‘nay’’ to ‘‘yea.’’ Goss Mascara Ryun (KS) Houghton McDonald Scott So (two-thirds having voted in favor Graham Matsui Sabo Hoyer Miller (FL) Sessions Granger McCarthy (MO) Salmon Hulshof Miller, Gary Shadegg thereof) the rules were suspended and Green (TX) McCarthy (NY) Sanchez Hunter Miller, George Shaw the bill, as amended, was passed. Green (WI) McCrery Sanders Hutchinson Minge Shays The result of the vote was announced Greenwood McDermott Sandlin Sherman Sanford Hyde Mink as above recorded. Gutierrez McGovern Inslee Moakley Sherwood Gutknecht McHugh Sawyer Isakson Mollohan Shimkus A motion to reconsider was laid on Hall (OH) McInnis Saxton Istook Moore Shows the table. Hall (TX) McIntyre Scarborough Shuster Hansen McKeon Schakowsky Jackson (IL) Moran (KS) f Jackson-Lee Moran (VA) Simpson Hastings (FL) McKinney Scott (TX) Morella Sisisky Hastings (WA) McNulty Sensenbrenner Skeen Jefferson Murtha ANNOUNCEMENT BY THE SPEAKER Hayes Meehan Sessions Skelton Shadegg Jenkins Myrick PRO TEMPORE Hayworth Meek (FL) Slaughter Shaw John Nadler Hefley Menendez Smith (MI) The SPEAKER pro tempore (Mr. Herger Metcalf Shays Johnson (CT) Napolitano Smith (NJ) Hill (IN) Mica Sherman Johnson, Sam Neal SHAW). Pursuant to clause 8 of rule XX, Smith (TX) Hill (MT) Millender- Sherwood Jones (NC) Nethercutt the Chair will reduce to 5 minutes the Smith (WA) Hilleary McDonald Shimkus Jones (OH) Ney Snyder minimum time for electronic voting on Hilliard Miller (FL) Shows Kanjorski Northup Spence the additional motions to suspend the Hinchey Miller, Gary Shuster Kaptur Norwood Spratt rules on which the Chair has postponed Hinojosa Miller, George Simpson Kasich Nussle Stabenow Hobson Minge Sisisky Kelly Oberstar Stark further proceedings. Hoeffel Mink Skeen Kennedy Obey Stearns f Hoekstra Moakley Skelton Kildee Olver Stenholm Holden Mollohan Slaughter Kilpatrick Ortiz Strickland BLACK REVOLUTIONARY WAR Holt Moore Smith (MI) Kind (WI) Ose Stump Hooley Moran (KS) Smith (NJ) King (NY) Oxley Stupak PATRIOTS MEMORIAL Horn Moran (VA) Smith (TX) Kingston Packard Sununu The SPEAKER pro tempore. The Hostettler Morella Smith (WA) Kleczka Pallone Talent Houghton Murtha Snyder Knollenberg Pascrell Tancredo pending business is the question of sus- Hoyer Myrick Spence Kolbe Pastor Tanner pending the rules and passing the bill, Hulshof Nadler Spratt Kucinich Payne Tauscher H.R. 4957. Hunter Napolitano Stabenow Kuykendall Pease Tauzin The Clerk read the title of the bill. Hutchinson Neal Stark LaFalce Pelosi Taylor (MS) Hyde Nethercutt Stearns LaHood Peterson (MN) Taylor (NC) The SPEAKER pro tempore. The Inslee Ney Stenholm Lampson Peterson (PA) Terry question is on the motion offered by Isakson Northup Strickland Lantos Petri Thomas the gentleman from Utah (Mr. HANSEN) Istook Norwood Stump Largent Phelps Thompson (CA) Jackson (IL) Nussle Stupak Larson Pickering Thompson (MS) that the House suspend the rules and Jackson-Lee Oberstar Sununu Latham Pickett Thornberry pass the bill, H.R. 4957, on which the (TX) Obey Talent LaTourette Pitts Thune yeas and nays are ordered. Jefferson Olver Tancredo Leach Pombo Thurman This is a 5-minute vote. Jenkins Ortiz Tanner Lee Pomeroy Tiahrt John Ose Tauscher Levin Porter Tierney The vote was taken by electronic de- Johnson (CT) Oxley Tauzin Lewis (CA) Portman Toomey vice, and there were—yeas 398, nays 0, Johnson, Sam Packard Taylor (MS) Lewis (GA) Price (NC) Traficant not voting 35, as follows: Jones (NC) Pallone Taylor (NC) Lewis (KY) Pryce (OH) Turner Jones (OH) Pascrell Terry Linder Quinn Udall (NM) [Roll No. 461] Kanjorski Pastor Thomas Lipinski Radanovich Upton YEAS—398 Kaptur Paul Thompson (CA) LoBiondo Rahall Visclosky Kasich Payne Thompson (MS) Lowey Ramstad Vitter Abercrombie Burr Deutsch Kelly Pease Thornberry Lucas (KY) Rangel Walden Aderholt Burton Diaz-Balart Kennedy Pelosi Thune Lucas (OK) Regula Walsh Allen Buyer Dickey Kildee Peterson (MN) Thurman Luther Reyes Wamp Andrews Callahan Dicks Kilpatrick Peterson (PA) Tiahrt Maloney (NY) Reynolds Waters Archer Calvert Dingell Kind (WI) Petri Tierney Armey Camp Dixon Manzullo Riley Watt (NC) King (NY) Phelps Toomey Baca Canady Doggett Markey Rivers Watts (OK) Kingston Pickering Traficant Bachus Cannon Dooley Martinez Rodriguez Waxman Kleczka Pickett Turner Baird Capps Doolittle Mascara Roemer Weldon (FL) Knollenberg Pitts Udall (NM) Baker Capuano Doyle Matsui Rogan Weldon (PA) Kolbe Pombo Upton Baldacci Cardin Dreier McCarthy (MO) Rogers Weller Kucinich Pomeroy Visclosky Baldwin Carson Duncan McCarthy (NY) Rohrabacher Wexler Kuykendall Porter Vitter Ballenger Castle Dunn McCrery Ros-Lehtinen Whitfield LaFalce Portman Walden Barcia Chabot Edwards McDermott Roukema Wicker LaHood Price (NC) Walsh Barr Chambliss Ehlers McGovern Roybal-Allard Wilson Lampson Pryce (OH) Wamp Wolf Barrett (NE) Clayton Ehrlich Lantos Quinn Waters McHugh Rush Barrett (WI) Clement Emerson McInnis Ryan (WI) Woolsey Largent Radanovich Watt (NC) Wu Bartlett Clyburn English Larson Rahall Watts (OK) McIntyre Ryun (KS) Barton Coble Etheridge McKeon Sabo Wynn Latham Ramstad Waxman Young (AK) Bass Coburn Evans LaTourette Rangel Weldon (FL) McKinney Salmon Bentsen Collins Everett McNulty Sanchez Young (FL) Leach Regula Weldon (PA) Bereuter Combest Ewing Lee Reyes Weller Meehan Sanders Berkley Condit Farr Meek (FL) Sandlin Levin Reynolds Wexler Berman Cook Fattah Lewis (CA) Riley Whitfield Berry Cooksey Fletcher Wicker NAYS—8 Lewis (GA) Rivers Biggert Costello Foley Lewis (KY) Rodriguez Wilson Barr Hostettler Sanford Bilbray Cox Forbes Linder Roemer Wolf Chabot Paul Sensenbrenner Bilirakis Coyne Ford Lipinski Rogan Woolsey Chenoweth-Hage Royce Bishop Cramer Fossella LoBiondo Rogers Wu Blagojevich Crane Fowler Lowey Rohrabacher Wynn NOT VOTING—35 Bliley Cubin Frank (MA) Lucas (KY) Ros-Lehtinen Young (AK) Blumenauer Cummings Frelinghuysen Lucas (OK) Rothman Young (FL) Ackerman Franks (NJ) Serrano Blunt Cunningham Frost Luther Roukema Becerra Johnson, E.B. Souder Boehner Danner Gallegly Maloney (NY) Roybal-Allard Boehlert Klink Sweeney Bonior Davis (FL) Ganske Bonilla Lazio Towns Bono Davis (IL) Gejdenson NOT VOTING—35 Borski Lofgren Udall (CO) Boswell Davis (VA) Gekas Campbell Maloney (CT) Velazquez Boucher Deal Gephardt Ackerman Clay Johnson, E. B. Clay McCollum Vento Boyd DeFazio Gibbons Becerra Conyers Klink Conyers McIntosh Watkins Brady (PA) DeGette Gilchrest Boehlert Crowley Lazio Crowley Meeks (NY) Weiner Brady (TX) Delahunt Gillmor Bonilla Engel Lofgren Engel Owens Weygand Brown (FL) DeLauro Gilman Borski Eshoo Maloney (CT) Eshoo Rothman Wise Brown (OH) DeLay Gonzalez Campbell Filner McCollum Filner Schaffer Bryant DeMint Goode Chenoweth-Hage Franks (NJ) McIntosh

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.091 pfrm02 PsN: H12PT1 H7442 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Meeks (NY) Sweeney Watkins Kilpatrick Myrick Shaw b 1906 Owens Towns Weiner Kind (WI) Nadler Shays Schaffer Udall (CO) Weygand King (NY) Napolitano Sherman Messrs. CAMP, SIMPSON and Serrano Velazquez Wise Kleczka Neal Sherwood GRAHAM changed their vote from Souder Vento Knollenberg Ney Shimkus ‘‘yea’’ to ‘‘nay.’’ Kolbe Northup Shows b 1857 Kucinich Oberstar Shuster So (two-thirds having voted in favor Sisisky So (two-thirds having voted in favor Kuykendall Obey thereof) the rules were suspended and LaFalce Olver Skeen the bill, as amended, was passed. thereof) the rules were suspended and Skelton LaHood Ortiz The result of the vote was announced the bill was passed. Lampson Oxley Slaughter Smith (NJ) as above recorded. Lantos Packard The result of the vote was announced Smith (TX) Larson Pallone A motion to reconsider was laid on as above recorded. Smith (WA) LaTourette Pascrell Snyder the table. A motion to reconsider was laid on Leach Pastor the table. Spence f Lee Payne Spratt Levin Pelosi f Stabenow PERSONAL EXPLANATION Lewis (CA) Peterson (MN) Stark GOLDEN GATE NATIONAL RECRE- Lewis (GA) Peterson (PA) Stenholm Mr. MALONEY of Connecticut. Mr. Speaker, ATION AREA BOUNDARY AD- Lewis (KY) Phelps Strickland I was unavoidably detained during rollcall vote Lipinski Pickering Stupak JUSTMENT ACT OF 2000 LoBiondo Pickett Talent No. 460. Had I been present I would have The SPEAKER pro tempore. The Lowey Pitts Tanner voted ``yes.'' Lucas (KY) Pomeroy Tauscher pending business is the question of sus- Mr. Speaker, I was unavoidably detained Lucas (OK) Porter Tauzin during rollcall vote No. 461. Had I been pending the rules and passing the bill, Luther Portman Taylor (MS) H.R. 3632, as amended. Maloney (NY) Price (NC) Terry present I would have voted ``yes.'' The Clerk read the title of the bill. Markey Pryce (OH) Thomas Mr. Speaker, I was unavoidably detained Martinez Quinn Thompson (CA) during rollcall vote No. 462. Had I been The SPEAKER pro tempore. The Thompson (MS) Mascara Radanovich present I would have voted ``yes.'' question is on the motion offered by Matsui Rahall Thune the gentleman from Utah (Mr. HANSEN) McCarthy (MO) Ramstad Thurman f Tierney that the House suspend the rules and McCarthy (NY) Rangel McCrery Regula Traficant AIR FORCE MEMORIAL Turner pass the bill, H.R. 3632, as amended, on McDermott Reyes Udall (NM) FOUNDATION AUTHORIZATION which the yeas and nays are ordered. McGovern Reynolds Upton McHugh Riley The SPEAKER pro tempore (Mr. This is a 5-minute vote. Visclosky The vote was taken by electronic de- McInnis Rivers Vitter SHAW). The pending business is the vice, and there were—yeas 333, nays 68, McIntyre Rodriguez Walden question of suspending the rules and McKeon Roemer not voting 32, as follows: Walsh passing the bill, H.R. 4583. McKinney Rogan Waters [Roll No. 462] McNulty Rogers Watt (NC) The Clerk read the title of the bill. YEAS—333 Meehan Ros-Lehtinen Waxman The SPEAKER pro tempore. The Meek (FL) Rothman Weldon (FL) question is on the motion offered by Abercrombie Collins Gillmor Menendez Roukema Weldon (PA) the gentleman from Utah (Mr. HANSEN) Aderholt Condit Gilman Mica Roybal-Allard Weller Allen Conyers Gonzalez Millender- Rush Wexler that the House suspend the rules and Andrews Cook Goodling McDonald Ryan (WI) Whitfield pass the bill, H.R. 4583, on which the Archer Cooksey Gordon Miller (FL) Sabo Wilson yeas and nays are ordered. Baca Costello Goss Miller, George Salmon Wolf Bachus Cox Granger This will be a 5 minute vote. Minge Sanchez Woolsey Baird Coyne Green (TX) Mink Sanders Wu The vote was taken by electronic de- Baker Cramer Green (WI) Moakley Sandlin Wynn vice, and there were—yeas 398, nays 0, Baldacci Crowley Greenwood Mollohan Sawyer Young (AK) Baldwin Cummings Gutierrez not voting 35, as follows: Moore Young (FL) Ballenger Cunningham Hall (OH) Saxton [Roll No. 463] Barcia Danner Hall (TX) Moran (VA) Scarborough Barrett (NE) Davis (FL) Hansen Morella Schakowsky YEAS—398 Barrett (WI) Davis (IL) Hastings (FL) Murtha Scott Abercrombie Brown (FL) Davis (FL) Barton Davis (VA) Hastings (WA) Aderholt Brown (OH) Davis (IL) Bass Deal Hayworth NAYS—68 Allen Bryant Davis (VA) Bentsen DeFazio Hefley Armey Goode Petri Andrews Burr Deal Bereuter DeGette Hill (IN) Barr Goodlatte Pombo Archer Burton DeFazio Berkley Delahunt Hill (MT) Bartlett Graham Rohrabacher Armey Buyer DeGette Berman DeLauro Hilliard Blunt Gutknecht Royce Baca Callahan Delahunt Berry Deutsch Hinchey Boehner Hayes Ryun (KS) Bachus Calvert DeLauro Biggert Diaz-Balart Hinojosa Bryant Herger Sanford Baird Camp DeLay Bilbray Dickey Hobson Camp Hilleary Sensenbrenner Baker Canady DeMint Bilirakis Dicks Hoeffel Chabot Hostettler Sessions Baldacci Cannon Deutsch Bishop Dingell Hoekstra Chenoweth-Hage Jenkins Shadegg Baldwin Capps Diaz-Balart Blagojevich Dixon Holden Coble Kingston Simpson Ballenger Capuano Dickey Bliley Doggett Holt Coburn Largent Smith (MI) Barcia Cardin Dicks Blumenauer Dooley Hooley Combest Latham Stearns Barr Carson Dingell Bonior Doyle Horn Crane Linder Stump Barrett (NE) Castle Dixon Bono Dreier Houghton Cubin Manzullo Sununu Barrett (WI) Chabot Doggett Boswell Edwards Hoyer DeLay Metcalf Tancredo Bartlett Chambliss Dooley Boucher Ehlers Hulshof DeMint Miller, Gary Taylor (NC) Barton Chenoweth-Hage Doolittle Boyd English Hunter Doolittle Moran (KS) Thornberry Bass Clayton Doyle Brady (PA) Etheridge Hutchinson Duncan Nethercutt Tiahrt Bentsen Clement Dreier Brady (TX) Evans Hyde Dunn Norwood Toomey Berkley Clyburn Duncan Brown (FL) Everett Inslee Ehrlich Nussle Wamp Berman Coble Dunn Brown (OH) Farr Isakson Emerson Ose Watts (OK) Berry Coburn Edwards Burr Fattah Istook Ewing Paul Wicker Biggert Collins Ehrlich Burton Fletcher Jackson (IL) Fowler Pease Bilbray Combest Emerson Buyer Foley Jackson-Lee Bilirakis Condit English Callahan Forbes (TX) NOT VOTING—32 Bishop Conyers Etheridge Calvert Ford Jefferson Blagojevich Cook Evans Canady Fossella John Ackerman Johnson, E. B. Souder Bliley Cooksey Everett Cannon Frank (MA) Johnson (CT) Becerra Klink Sweeney Blumenauer Costello Farr Capps Frelinghuysen Johnson, Sam Boehlert Lazio Towns Blunt Cox Fattah Capuano Frost Jones (NC) Bonilla Lofgren Udall (CO) Boehner Coyne Fletcher Cardin Gallegly Jones (OH) Borski Maloney (CT) Velazquez Bonior Cramer Foley Carson Ganske Kanjorski Campbell McCollum Vento Bono Crane Forbes Castle Gejdenson Kaptur Clay McIntosh Watkins Boswell Crowley Ford Chambliss Gekas Kasich Engel Meeks (NY) Weiner Boucher Cubin Fossella Clayton Gephardt Kelly Eshoo Owens Weygand Boyd Cummings Fowler Clement Gibbons Kennedy Filner Schaffer Wise Brady (PA) Cunningham Frank (MA) Clyburn Gilchrest Kildee Franks (NJ) Serrano Brady (TX) Danner Frelinghuysen

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.092 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7443 Frost Linder Rohrabacher Engel McCollum Towns Gekas Lowey Ros-Lehtinen Gallegly Lipinski Ros-Lehtinen Eshoo McIntosh Velazquez Gephardt Lucas (KY) Rothman Ganske LoBiondo Rothman Ewing Meeks (NY) Vento Gibbons Lucas (OK) Roybal-Allard Gejdenson Lowey Roybal-Allard Filner Owens Watkins Gilchrest Luther Royce Gekas Lucas (KY) Royce Franks (NJ) Roukema Weiner Gillmor Maloney (CT) Rush Gephardt Lucas (OK) Ryan (WI) Johnson, E. B. Rush Weygand Gilman Maloney (NY) Ryan (WI) Gibbons Luther Ryun (KS) Klink Serrano Wise Gonzalez Manzullo Ryun (KS) Gilchrest Maloney (CT) Sabo Lazio Souder Wynn Goode Markey Sabo Gillmor Maloney (NY) Salmon Lofgren Sweeney Goodlatte Martinez Salmon Gilman Manzullo Sanchez Goodling Mascara Sanchez Gonzalez Markey Sanders b 1914 Gordon Matsui Sanders Goode Martinez Sandlin Goss McCarthy (MO) Sandlin Goodlatte Mascara Sanford So (two-thirds having voted in favor Graham McCarthy (NY) Sanford Goodling Matsui Sawyer thereof) the rules were suspended and Granger McCrery Sawyer Gordon McCarthy (MO) Saxton the bill was passed. Green (TX) McDermott Saxton Goss McCarthy (NY) Scarborough Green (WI) McGovern Scarborough Graham McCrery Schaffer The result of the vote was announced Greenwood McHugh Schaffer Granger McDermott Schakowsky as above recorded. Gutknecht McInnis Schakowsky Green (TX) McGovern Scott A motion to reconsider was laid on Hall (OH) McIntyre Scott Green (WI) McHugh Sensenbrenner the table. Hall (TX) McKeon Sensenbrenner Greenwood McInnis Sessions Hansen McKinney Sessions Gutierrez McIntyre Shadegg Stated for: Hastings (FL) McNulty Shadegg Gutknecht McKeon Shaw Mr. EHLERS. Mr. Speaker, on rollcall No. Hastings (WA) Meehan Shaw Hall (OH) McKinney Shays 463 I stepped out of the Chamber for a dis- Hayes Meek (FL) Shays Hall (TX) McNulty Sherman Hayworth Menendez Sherman Hansen Meehan Sherwood cussion and did not return in time to record Hefley Metcalf Sherwood Hastings (FL) Meek (FL) Shimkus my vote. Had I been present, I would have Herger Mica Shimkus Hastings (WA) Menendez Shows voted ``yes.'' Hill (IN) Millender- Shows Hayes Metcalf Shuster Hill (MT) McDonald Shuster Hayworth Mica Simpson f Hilleary Miller (FL) Simpson Hefley Millender- Sisisky Hilliard Miller, Gary Sisisky Herger McDonald Skeen JACKSON MULTI-AGENCY CAMPUS Hinchey Miller, George Skeen Hill (IN) Miller (FL) Skelton ACT OF 1999 Hinojosa Minge Skelton Hill (MT) Miller, Gary Slaughter Hobson Mink Slaughter Hilleary Miller, George Smith (MI) The SPEAKER pro tempore. The Hoeffel Moakley Smith (MI) Hilliard Minge Smith (NJ) pending business is the question of sus- Hoekstra Mollohan Smith (NJ) Hinchey Mink Smith (TX) Holden Moore Smith (TX) Hinojosa Moakley Smith (WA) pending the rules and passing the Sen- Holt Moran (KS) Smith (WA) Hobson Mollohan Snyder ate bill, S. 1374. Hooley Moran (VA) Snyder Hoeffel Moore Spence The Clerk read the title of the Senate Horn Morella Spence Hoekstra Moran (KS) Spratt bill. Hostettler Murtha Spratt Holden Moran (VA) Stabenow Houghton Myrick Stabenow Holt Morella Stark The SPEAKER pro tempore. The Hoyer Nadler Stark Hooley Murtha Stearns question is on the motion offered by Hulshof Napolitano Stearns Horn Myrick Stenholm the gentleman from Oregon (Mr. WAL- Hunter Neal Stenholm Hostettler Nadler Strickland Hutchinson Nethercutt Strickland Houghton Napolitano Stump DEN) that the House suspend the rules Hyde Ney Stump Hoyer Neal Stupak and pass the Senate bill, S. 1374, on Inslee Northup Stupak Hulshof Nethercutt Sununu which the yeas and nays are ordered. Isakson Norwood Sununu Hunter Ney Talent This will be a 5 minute vote. Istook Nussle Talent Hutchinson Northup Tancredo Jackson (IL) Oberstar Tancredo Hyde Norwood Tanner The vote was taken by electronic de- Jackson-Lee Obey Tanner Inslee Nussle Tauscher vice, and there were—yeas 400, nays 0, (TX) Olver Tauscher Isakson Oberstar Tauzin not voting 33, as follows: Jefferson Ortiz Tauzin Istook Obey Taylor (MS) Jenkins Ose Taylor (MS) Jackson (IL) Olver Taylor (NC) [Roll No. 464] John Oxley Taylor (NC) Jackson-Lee Ortiz Terry YEAS—400 Johnson (CT) Packard Terry (TX) Ose Thomas Johnson, Sam Pallone Thomas Jefferson Oxley Thompson (CA) Abercrombie Brown (OH) DeFazio Jones (NC) Pascrell Thompson (CA) Jenkins Packard Thompson (MS) Aderholt Bryant DeGette Jones (OH) Pastor Thompson (MS) John Pallone Thornberry Allen Burr Delahunt Kanjorski Paul Thornberry Johnson (CT) Pascrell Thune Andrews Burton DeLauro Kaptur Payne Thune Johnson, Sam Pastor Thurman Archer Buyer DeLay Kasich Pease Thurman Jones (NC) Paul Tiahrt Armey Callahan DeMint Kelly Pelosi Tiahrt Jones (OH) Payne Tierney Baca Calvert Deutsch Kennedy Peterson (MN) Tierney Kanjorski Pease Toomey Bachus Camp Diaz-Balart Kildee Peterson (PA) Toomey Kaptur Pelosi Traficant Baird Canady Dickey Kilpatrick Petri Traficant Kasich Peterson (MN) Turner Baker Cannon Dicks Kind (WI) Phelps Turner Kelly Peterson (PA) Udall (CO) Baldacci Capps Dingell King (NY) Pickering Udall (CO) Kennedy Petri Udall (NM) Baldwin Capuano Dixon Kingston Pickett Udall (NM) Kildee Phelps Upton Ballenger Cardin Doggett Kleczka Pitts Upton Kilpatrick Pickering Visclosky Barcia Carson Dooley Knollenberg Pombo Visclosky Kind (WI) Pickett Vitter Barr Castle Doolittle Kolbe Pomeroy Vitter King (NY) Pitts Walden Barrett (NE) Chabot Doyle Kucinich Porter Walden Kingston Pombo Walsh Barrett (WI) Chenoweth-Hage Dreier Kuykendall Portman Walsh Kleczka Pomeroy Wamp Bartlett Clayton Duncan LaFalce Price (NC) Wamp Knollenberg Porter Waters Barton Clement Dunn LaHood Pryce (OH) Waters Kolbe Portman Watt (NC) Bass Clyburn Edwards Lampson Quinn Watt (NC) Kucinich Price (NC) Watts (OK) Bentsen Coble Ehlers Lantos Radanovich Watts (OK) Kuykendall Pryce (OH) Waxman Bereuter Coburn Ehrlich Largent Rahall Waxman LaFalce Quinn Weldon (FL) Berkley Collins Emerson Larson Ramstad Weldon (PA) LaHood Radanovich Weldon (PA) Berman Combest English Latham Rangel Weller Lampson Rahall Weller Berry Condit Etheridge LaTourette Regula Wexler Lantos Ramstad Wexler Biggert Conyers Evans Leach Reyes Whitfield Largent Rangel Whitfield Bilbray Cook Everett Lee Reynolds Wicker Larson Regula Wicker Bilirakis Cooksey Ewing Levin Riley Wilson Latham Reyes Wilson Bishop Costello Farr Lewis (CA) Rivers Wolf LaTourette Reynolds Wolf Blagojevich Cox Fattah Lewis (GA) Rodriguez Woolsey Leach Riley Woolsey Bliley Coyne Fletcher Lewis (KY) Roemer Wu Lee Rivers Wu Blumenauer Cramer Foley Linder Rogan Wynn Levin Rodriguez Young (AK) Blunt Crane Forbes Lipinski Rogers Young (AK) Lewis (CA) Roemer Young (FL) Boehner Crowley Ford LoBiondo Rohrabacher Young (FL) Lewis (GA) Rogan Bonior Cubin Fossella Lewis (KY) Rogers Bono Cummings Fowler NOT VOTING—33 Boswell Cunningham Frank (MA) NOT VOTING—35 Boucher Danner Frelinghuysen Ackerman Campbell Filner Boyd Davis (FL) Frost Becerra Chambliss Franks (NJ) Ackerman Boehlert Campbell Brady (PA) Davis (IL) Gallegly Boehlert Clay Gutierrez Becerra Bonilla Clay Brady (TX) Davis (VA) Ganske Bonilla Engel Johnson, E. B. Bereuter Borski Ehlers Brown (FL) Deal Gejdenson Borski Eshoo Klink

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.096 pfrm02 PsN: H12PT1 H7444 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Lazio Roukema Vento common in the District of Columbia and the the House and the President pro tem- Lofgren Serrano Watkins adjoining States of Maryland and Virginia; McCollum Souder Weiner pore of the Senate make the appoint- Whereas public records attest to the fact ments. I would hope everyone under- McIntosh Sweeney Weldon (FL) that African American slave labor was used Meeks (NY) Towns Weygand stands that this is not to be a political Owens Velazquez Wise in the construction of the United States Cap- itol; task force. It is not to be some kind of b 1921 Whereas public records further attest to political endeavor to make sure one is politically correct. So (two-thirds having voted in favor the fact that the five-dollar-per-month pay- ment for that African American slave labor The reason we wanted to have the thereof) the rules were suspended and was made directly to slave owners and not to task force was to reach out to those the Senate bill was passed. the laborer; and very appropriate professionals who The result of the vote was announced Whereas African Americans made signifi- would have knowledge and under- as above recorded. cant contributions and fought bravely for standing to assist us in creating what- A motion to reconsider was laid on freedom during the American Revolutionary ever the appropriate recognition might the table. War: Now, therefore, be it Resolved by the House of Representatives (the be, and we do not want to prejudge f Senate concurring), That— what will be presented to us, so that in NOTICE OF INTENTION TO OFFER (1) the Speaker of the House of Representa- a prominent location in the Capitol we MOTION TO INSTRUCT CON- tives and the President pro tempore of the can, one, give proper credit; two, recog- Senate shall establish a special task force to FEREES ON H.R. 4205, FLOYD D. nize the fact that it occurred but, more study the history and contributions of these importantly, understand better this SPENCE NATIONAL DEFENSE AU- slave laborers in the construction of the THORIZATION ACT FOR FISCAL United States Capitol; and particular building and the very human YEAR 2001 (2) such special task force shall recommend involvement in now yet another dimen- sion not fully appreciated in the cre- Mr. CONYERS. Mr. Speaker, pursu- to the Speaker of the House of Representa- tives and the President pro tempore of the ation of our country. ant to clause 7c of rule XXII, I hereby Senate an appropriate recognition for these Mr. Speaker, I reserve the balance of announce my intention to offer a mo- slave laborers which could be displayed in a my time. tion to instruct conferees on H.R. 4205 prominent location in the United States Cap- Mr. HOYER. Mr. Speaker, I yield my- tomorrow. The form of the motion is as itol. self such time as I may consume. follows: The SPEAKER pro tempore. Pursu- It is an appropriate and, at the same I move that the managers on the part ant to the rule, the gentleman from time, regrettable fact that I rise today of the House at the conference on the California (Mr. THOMAS) and the gen- in support of this resolution. It is ap- disagreeing votes of the two Houses on tleman from Maryland (Mr. HOYER) propriate because I am proud to join the Senate amendment to the bill H.R. each will control 20 minutes. my colleagues in an attempt to recog- 4205 be instructed to agree to the provi- The Chair recognizes the gentleman nize a terrible wrong, to shed light on sions contained in title 15 of the Senate from California (Mr. THOMAS). a dark chapter in our Nation’s history. amendment. Mr. THOMAS. Mr. Speaker, I yield Sad, because it is a shame that this f myself such time as I may consume. resolution is even necessary. However, Mr. Speaker, first of all, I want to it is necessary; and I commend the gen- ANNOUNCEMENT BY THE SPEAKER compliment and congratulate the gen- PRO TEMPORE tleman from Georgia (Mr. LEWIS) and tleman from Oklahoma (Mr. WATTS), the gentleman from Oklahoma (Mr. The SPEAKER pro tempore (Mr. my friend and my conference chair- WATTS), my colleagues, for their hard ISAKSON). Pursuant to clause 8 of rule man; and the gentleman from Georgia work in bringing this resolution to the XX, the Chair announces that he will (Mr. LEWIS), my friend and colleague floor. postpone further proceedings today on on the Committee on Ways and Means; This resolution, as the chairman has the remaining motions to suspend the one, for the way in which this legisla- pointed out, will establish a task force rules on which a recorded vote or the tion has been put together; and, two, to recommend an appropriate recogni- yeas and nays are ordered, or on which the time in which we have moved. tion of the slave laborers who built the the vote is objected to under clause 6 of It has now become better known that United States Capitol. Not all of the rule XX. several months ago a local television workers were slaves. There were free Any record votes on postponed ques- reporter unearthed some United States men that worked by their side; but tions will be taken tomorrow. Treasury Department pay slips that, there were slaves who, as the chairman f strange as it may seem, allows us to has pointed out, were not paid for their have a better understanding of what RECOGNITION FOR SLAVE LABOR- work; their owners were paid for their went on in the early stages of the work. And their work helped build this ERS WHO WORKED ON CON- building of our Capitol. One would STRUCTION OF UNITED STATES Capitol. think that we would have as complete That sentence should shock all of our CAPITOL a documentation as any people could sensibilities. Yes, this temple of liberty Mr. THOMAS. Mr. Speaker, I move to have. was built, in part, on the backs of slave suspend the rules and agree to the con- And yet what we found out was that laborers. current resolution (H. Con. Res. 368) es- those pay slips showed that there were b tablishing a special task force to rec- slave owners who were paid for work in 1930 ommend an appropriate recognition for the building of the United States Cap- That is a tragedy, and was a denial of the slave laborers who worked on the itol. Pretty obviously, the labor was the statement we made to all the world construction of the United States Cap- not done by the slave owners. In fact, that we believed that all men were cre- itol. it was slaves that did the work, more ated equal and endowed by their Cre- The Clerk read as follows: than 400, which gives us an even more ator with certain unalienable rights. H. CON. RES. 368 appropriate reason for recognizing the Notwithstanding the fact that we Whereas the United States Capitol stands importance of this particular building, published that to the world, we contin- as a symbol of democracy, equality, and free- and a continued understanding of the ued slavery in America. Yes, we used dom to the entire world; true and honest history of the United slaves in part to build this Capitol. Whereas the year 2000 marks the 200th an- States. Those workers toiled in the hot D.C. niversary of the opening of this historic The resolution would create a task summers to build this monument to structure for the first session of Congress to force to study the history and con- freedom, the people’s House, the free- be held in the new Capital City; tributions of those slave laborers. dom they did not have. Yet, they did Whereas slavery was not prohibited There has been some concern that the not share in the promise of America. throughout the United States until the rati- fication of the 13th amendment to the Con- legislation is not real specific about There was compensation, as has been stitution in 1865; the way in which this task force would pointed out: $5 a month to the owners. Whereas previous to that date, African be appointed, other than, according to This tragic piece of our Nation’s his- American slave labor was both legal and the resolution, to have the Speaker of tory needs to be explored and exposed.

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.110 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7445 We often forget the proud history of slave laborers who built this extraor- Mr. Speaker, when we walk through slaves in the United States. The gov- dinary structure that houses the delib- the halls of this building, we do not see ernment denied them their freedom, erations of the oldest democracy on anything that tells the story that Afri- but nobody could take away their dig- Earth. can-American slaves helped build this nity. They fought bravely in the Revo- Mr. Speaker, every day we are here magnificent building: no drawings, no lutionary War to secure our Nation’s in session our debates and legislative murals, no paintings, no statues, noth- freedom, yet they were not free. After activities underscore that this is a liv- ing. Slavery is part of our Nation’s his- that noble effort, they worked to build ing building that embodies America’s tory of which we are not proud. How- a tribute to this Nation’s ideals, this greatest principles of democracy and ever, we should not run away or hide Capitol building, but they were denied liberty. However, one significant his- from it. The history of the Capitol, like the very freedom it symbolized. torical fact about this building is often the history of our Nation, should be As a recent article in the Washington forgotten. That fact is that much of complete. Post explains, little is known about the the construction of this Capitol in the As the gentleman from Oklahoma slaves. We know that for a time Phillip 18th and 19th centuries was done by (Mr. WATTS) pointed out, it was not Reid, the only slave that we know the slave labor. until this year, 200 years after the last name of, served as superintendent As we all know, slavery was not opening of the Capitol for the first ses- of the project, but the other slaves are eliminated across the United States sion of Congress, that records were un- known only by first names jotted in until the ratification of the Thirteenth covered which prove what many of us dusty ledgers. Amendment in 1865. Before that date, have already known or maybe some of I hope this task force is able to un- slave labor was both legal and common us assumed, that African-American cover more details about these men throughout the South, including the slave labor was used in the building of who did backbreaking work for a na- District of Columbia, Maryland, and the United States Capitol. tion that denied them their funda- Virginia. These men, these slaves, laid the mental rights. We need to know more Public records attest to the histor- very foundation of our democracy. Yet, about George, Thomas, Harry, and ical fact that African-American slave they were denied the right to partici- Jerry, and all the others who built this labor was used in the construction of pate in our democracy. Indeed, genera- temple to democracy and freedom. the United States Capitol, both here on tions of their offspring were denied the this site and further south, in the Vir- Without knowing more about their his- right to vote. ginia quarries that provided the marble tory, Mr. Speaker, our collective his- Mr. Speaker, with this resolution, for this very building. H.R. 368, we will honor the slaves who tory, our Nation’s history, will be for- It is time we recognize the contribu- helped build the Capitol. We will study ever incomplete. tions of these slave laborers. I am Mr. Speaker, I reserve the balance of the history and contributions of the proud we will have the opportunity my time. African-Americans who helped con- today to do so by passing this resolu- Mr. THOMAS. Mr. Speaker, I yield tion to establish a special congres- struct one of the greatest symbols of myself such time as I may consume. sional task force which will study the democracy in the world, this building, My colleague, the gentleman from history of this period and recommend the United States Capitol. Maryland (Mr. HOYER), mentioned that Mr. Speaker, we will have a fitting an appropriate memorial to the labors we do know for sure one of the slave’s of these great Americans to be dis- and lasting tribute to these men, black names, a fellow by the name of Phillip played prominently here in our Na- men, slaves, in a permanent place here Reed. Talk about irony upon irony, he, tion’s Capitol. in the United States Capitol. given his professional capabilities, Mr. Speaker, this year we celebrate I urge all of my colleagues to vote for helped cast the bronze statue atop our the 200th anniversary of the first ses- the passage of House Concurrent Reso- Capitol that was recently refurbished, sion of Congress to be held here in this lution 368. and of course we know that as the historic building. I think that is a long Mr. WATTS of Oklahoma. Mr. Speak- Statue of Freedom. enough time to go without a public and er, I yield 1 minute to the gentleman Mr. Speaker, I ask unanimous con- visible acknowledgment of the incon- from California (Mr. OSE). sent that the rest of the time be con- gruous but important historical fact Mr. OSE. Mr. Speaker, I thank the trolled by my friend and colleague, the that the blood, sweat, and tears of Afri- gentleman from Oklahoma for yielding gentleman from Oklahoma (Mr. can-American slave laborers built this time to me. WATTS), chairman of the Republican House for us all. Mr. Speaker, I rise today in support Conference. Let us reach back today through the of this resolution. It is interesting, the The SPEAKER pro tempore (Mr. thin veil of time and unshackle their first day I was here I stood over by the ISAKSON). Is there objection to the re- hands so we can shake them and say, painting of Lafayette. This room was quest of the gentleman from Cali- thank you, ever so belatedly, to these empty, and I was there with a radio re- fornia? great Americans who built this great porter from my town. Unbeknownst to There was no objection. monument to freedom. myself, I was violating the rules of the Mr. WATTS of Oklahoma. Mr. Speak- Mr. HOYER. Mr. Speaker, it is my House when I conversed and they were er, I yield myself such time as I may real honor to yield 3 minutes to the recording the tape. consume. gentleman from Georgia (Mr. LEWIS), a But the point of that conversation Mr. Speaker, I rise today to support distinguished civil rights leader, Mem- was that if one was quiet enough in House Concurrent Resolution 368, legis- ber of Congress, humanitarian, and the this Chamber, one could hear the lation that I introduced earlier this cosponsor of this legislation. A gen- voices of the people who have come be- year and that I believed to be long tleman who has been a giant in bring- fore us, and yes, those who built this overdue in highlighting a disturbing ing the reality of the words that I in- place came before us, the slaves that but important fact about the history of toned earlier that are included in our the gentleman from Georgia (Mr. this magnificent building and symbol Declaration of Independence, and the LEWIS) talked about, those who have of freedom, the United States Capitol. promises incorporated in our Constitu- built this country that we have not to I want to especially thank my distin- tion, to reality for all Americans. date given satisfactory recognition to. guished colleague, the gentleman from Mr. LEWIS of Georgia. Mr. Speaker, This resolution is a first step. I Georgia (Mr. LEWIS), for joining in this I want to thank the gentleman from thank the gentleman for bringing it. I effort as the bill’s original cosponsor, California (Chairman THOMAS) and the am grateful for the opportunity to sup- and I want to thank the chairman of ranking member, the gentleman from port it. the committee on House Administra- Maryland (Mr. HOYER), for bringing Mr. HOYER. Mr. Speaker, I yield 2 tion, the gentleman from California this legislation before us today. minutes to the distinguished gen- (Mr. THOMAS), and the ranking mem- I want to thank my friend and my tleman from Illinois (Mr. DAVIS). ber, the gentleman from Maryland (Mr. colleague, the gentleman from Okla- Mr. DAVIS of Illinois. Mr. Speaker, I HOYER), for their support of this criti- homa (Mr. WATTS), for being the chief thank the gentleman for yielding time cally important recognition of the sponsor of this legislation. to me.

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.151 pfrm02 PsN: H12PT1 H7446 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Mr. Speaker, I also want to commend studied the history of our patent sys- and much of the American North if the and congratulate the gentleman from tem and the inventors in our country, building is old enough. Georgia (Mr. LEWIS) and the gentleman I was personally surprised to see how It is a matter of public record that from Oklahoma (Mr. WATTS) for their many great inventions were invented slaves and free blacks built these two introduction to a very important piece by black Americans, because patent buildings. But it is also true that much of legislation. rights as a property right, even during of the District of Columbia was built As a matter of fact, it is my hope and a time of great discrimination against by slaves and free blacks. my understanding, as well as my de- our fellow Americans, the patent rights My own great grandfather, Richard sire, that passage of this legislation were actually provided to black Ameri- Holmes, was one such slave. Richard will help shed additional light on an cans. They excelled in creativity, in Holmes walked away from slavery in extreme dark period in the history of creating new machines and new tech- Virginia, got hired before the Civil War this Nation, because as we look back to nologies throughout our history. to work in the streets of the District of better understand where we came from, Columbia, got discovered by his white b 1945 it helps us to recognize how we got to owner who was refused ownership when where we are, and then helps propel us Not many people know that. Not my great grandfather did not answer to into the future in relationship to where many people know of the great many his name when he was discovered and we need to be going. American heroes, not only during the the white foreman refused to allow his Carter G. Woodson, the founder of Civil War, but other conflicts. return to the owner who had discovered Black History Month, African-Amer- But today we have the opportunity to him. I have no information that Rich- ican History Month, once said that congratulate those Americans who, ard Holmes worked on the White House while we should not underestimate the again, not many of us heard of before, or the Capitol, but we do have informa- achievements of our Nation’s greatest but did a great service to their country tion that has been lost to history that architects, builders, and industrialists, and to the cause of freedom in building many black men and free blacks did, in we should give credit to those slaves this great edifice. So I support the leg- fact, work on these and other places in who so largely supplied the demand for islation and thank the gentleman from the District of Columbia. We know labor. Oklahoma (Mr. WATTS) very much for them by their works. This resolution will do just that, and letting me participate in this debate. We also know that slaves did every I would hope that as historians write, Mr. HOYER. Mr. Chairman, I yield 4 job imaginable, including the most that in the near future we will see in minutes to the gentlewoman from the highly skilled jobs. We know their own- the history books in every classroom District of Columbia (Ms. NORTON), the ers were compensated. We know that throughout this great Nation the con- very distinguished Representative in neither they nor their descendants tributions of those whose sweat, whose which this Capitol is located. I am sure were. hard labor, whose intense drive helped the irony is not lost on her that there Let me lay to rest whether anybody to produce not only a magnificent edi- are residents of this capital of freedom feels any confusion about whether to fice, but helped to provide an oppor- that do not have full voting participa- be proud or ashamed that our most re- tunity for democracy to grow and tion in this Capitol. vered structures were built by slave flourish. Ms. NORTON. Mr. Speaker, I very labor. Let us not be like the Soviets Mr. WATTS of Oklahoma. Mr. Speak- much thank the gentleman from Mary- er, I yield 1 minute to the gentleman who revise or deny history. Let us, land for yielding me this time. with this bill, put those questions for from California (Mr. ROHRABACHER). Mr. Speaker, I appreciate enormously these purposes aside, put these emo- Mr. ROHRABACHER. Mr. Speaker, I the work of the gentleman from Cali- thank the gentleman for yielding time tions aside because on one question fornia (Chairman THOMAS) and the gen- to me. there can be no disagreement. tleman from Maryland (Mr. HOYER), Mr. Speaker, I rise in strong support We often have recognized what the of this proposal. Americans understand ranking member, in working together slaves achieved and the tributes over that our black brothers and sisters in to bring this matter forward. I am and over again to these great buildings, this country have been given a raw enormously grateful, of course, to the and to the 25 million visitors who come deal over our country’s history, but gentleman from Oklahoma (Mr. every year to the District of Columbia most Americans do not know exactly WATTS) and the gentleman from Geor- to see this building among others. It is what a raw deal it has been and was. gia (Mr. LEWIS), my long-time friend time finally to recognize the men who The fact is that black Americans and and colleague from the civil rights helped achieve the place where we their achievements quite often have movement, for their leadership in work, the place that we love. been written out of the history books. bringing forward the bill that brings us I thank my colleagues very much for I love to read history, and I have seen to the floor today. all they have done on this bill. that in so many cases where black I want to recognize the work of a Mr. WATTS of Oklahoma. Mr. Speak- Americans, they pop up here and there, local reporter for Channel 4 News here, er, I do not have any more speakers on but the average American has no idea Edward Hotaling, who brought this my side, so I reserve the balance of my that they have done such tremendous matter to public attention and was re- time. things. Just like today, we are giving sponsible for our bringing it, therefore, Mr. HOYER. Mr. Speaker, I yield 3 credit for people who have built this today to public light, for what we are minutes to the gentleman from Michi- altar of liberty, this altar of freedom doing this evening is opening the eyes gan (Mr. CONYERS), one of the most dis- for all America to see, and there were of America to an important discovery tinguished leaders in our House, one of black Americans, and to this point for most in American history. the senior Members of the House and very few people knew there were black We know the cliche because we have an American who perhaps was most re- Americans. said it over and over, the slaves helped sponsible for ensuring that this Nation Let us remember that one of the first build America. But there are seldom recognized the contribution of one of Americans to be killed during the any specifics to that. What slaves? its greatest citizens of the world, Mar- American Revolution, a man killed What part of America? It turns out tin Luther King, Jr. during the Boston Massacre which that the oldest and most treasured Mr. CONYERS. Mr. Speaker, I thank sparked the whole American Revolu- parts of America, the most hallowed the gentleman from Maryland (Mr. tion, was a black American. places are what we are talking about; HOYER) and the gentlemen who have In the last 4 or 5 years I fought a the White House, yes, and this very participated in bringing this measure fight for patent reform here in the place where we meet. forward. United States, and I had to study the What is true here is probably true for I was very moved by the remarks of issue of inventors and people who actu- every historic public building south of the gentlewoman from the District of ally invented great things in our coun- the Mason-Dixon line. We celebrate the Columbia (Ms. NORTON). This plays try. slaves who built the Capitol and the right into the book recently written by Certainly every American knows White House, but the same could be Randall Robinson called The Debt in about Booker T. Washington. But as I said throughout the American South which he, touring the Capitol with his

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.157 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7447 wife, found this tremendous sculpture ists between our promises and our building that we stand in today is rec- about everybody that had contributed, practice. I introduced, Mr. Speaker, the ognized as the symbol of freedom for but there were no depictions of slaves gentleman from Michigan (Mr. CON- all the world. This resolution today and their contribution. YERS). I remember standing with him again recognizes the contribution that So all of the dialogue tonight has on the front of this Capitol and sup- slave labor played in building the sym- been very, very important in beginning porting him in his leadership of the ne- bol of freedom. to recognize and bring forward, as cessity to recognize the contributions Mr. Speaker, I remind us that, on the scholars are, as forums are going on in made by Martin Luther King, Jr. who, Senate side, the Senate version of this our universities, in which we are bring- in 1963, stood just some thousands of bill is sponsored by Senator ABRAHAM ing up the records of the slaves, of yards from where we stand right now from Michigan and Senator LINCOLN their travels across the waters, the in- and reminded the Nation in a compel- from Arkansas. So, on the Senate side, surance records, and a lot of other fac- ling address that we ought to live out this bill will be known as the Abraham/ tual materials. the dream and make reality the prom- Lincoln bill. Very fitting. So it seems to me that we are moving ises that we had made. Again, thanks to my colleagues for inextricably into the question of how Our Nation responded. This Congress this bipartisan support that we have we recognize and study the question of responded. We passed legislation to try seen in bringing this effort forward and making it happen here this evening. reparations as may affect them. I could to make reality the promises of the Mr. Speaker, I yield 1 minute to the not imagine this conversation just 13th Amendment passed 100 years be- gentleman from California (Mr. THOM- going on tonight without us examining fore. Whether it was in employment or AS). what we do in the preparation of a housing or public accommodations, we Mr. THOMAS. Mr. Speaker, I thank commission to study the history of said that America was not a land in the gentleman for yielding me the slaves and their descendants in terms which we ought to discriminate against time. of their contributions and where we individuals based upon such arbitrary Mr. Speaker, I just wanted to respond might fit into the picture presently. distinction as color of skin or national in part to my friend and colleague, the So I see this as a tapestry, a very im- origin or religion. gentleman from Maryland (Mr. HOYER), portant part of it. I see the hate crimes In fact, we are still arguing today in terms of his supposition that per- bill shortly being very important in about artificial distinctions we make haps it was out of shame. which we take the subject of the lynch- between human beings and whether I think I will just tell the gentleman ing, the hate crimes started back in they ought to be discriminated against, that it was far more fundamental than the 1920s when the civil rights move- not on what they do to us or laws that that, and it was that common physical ment, the NAACP began the great rush they break, but on what they may be labor is not a high achievement and to federalize the lynching of African that is different from us. that we never, even to this day, recog- Americans. Then, after Dr. King’s as- Mr. Speaker, that is why this resolu- nize the fact that without it we would sassination in 1968, we got the first tion is important, not only as the gen- not have what we have today. hate crimes bill; and we have another tleman from Oklahoma (Mr. WATTS) The thing I like most about this, pending in this body now. and the gentleman from Georgia (Mr. given the discussion, the participants, So much of our legislation is moving LEWIS) have so eloquently pointed out, and the reflection on history, is that together. This resolution giving rec- to recognize the contribution of the in- one of the fundamentals of democracy ognition to the contribution of people dividuals who helped build this Capitol is in the inherent belief that an indi- of color, both free and enslaved, is a and, as the gentlewoman from the Dis- vidual is worth something simply be- very important step forward. I com- trict of Columbia (Ms. NORTON) has cause they are alive and that what we mend all who have contributed toward pointed out, built so many others, in- are doing here is celebrating the obvi- it. cluding the White House, Monticello, ous acknowledgment of our shared hu- I thank the gentleman from Mary- and Mount Vernon. I can go on in list- manity in the best way we can in land (Mr. HOYER) for yielding me this ing the dwellings that we know are reaching back and telling those people, time. dwellings in which democracy saw its thank you, thank you very much for The SPEAKER pro tempore (Mr. genesis and its growth. that basic physical labor that produced ISAKSON). The gentleman from Okla- This resolution is significant because the opportunity, as Mr. DAVIS so elo- homa (Mr. WATTS) has reserved the bal- it also teaches us to be aware daily of quently indicated, the gentlewoman ance of his time and has the right to the necessity of applying our principles from the District of Columbia (Ms. close. in practice. HOLMES) indicated, we forget about. So it is in the shared humanity of Mr. HOYER. Mr. Speaker, I yield my- Mr. WATTS of Oklahoma. Mr. Speak- our recognition that I think we can all self such time as I may consume. er, I yield myself such time as I may share and appreciate. Mr. Speaker, I have no additional re- consume. quests for time. But I know that, on Mr. WATTS of Oklahoma. Mr. Speak- Mr. Speaker, in closing, again, this er, I yield back the balance of my time. both sides of the aisle, if they were on bill recognizes the long-ignored role of the floor, all Members would want to The SPEAKER pro tempore (Mr. African American slaves in building ISAKSON). The question is on the mo- rise in support of this resolution. Every the United States Capitol. Again, in tion offered by the gentleman from Member would want to recognize the closing, I thank the gentleman from Oklahoma (Mr. WATTS) that the House importance of the principle involved in Georgia (Mr. LEWIS), I thank the gen- suspend the rules and agree to the con- the adoption of this resolution, the rec- tleman from California (Chairman current resolution, H. Con. Res. 368. ognition of those who have been ig- THOMAS), the gentleman from Mary- The question was taken; and (two- nored, forgotten, hidden, in part, per- land (Mr. HOYER), ranking member, I thirds having voted in favor thereof) haps, because of the shame that a soci- thank them for their efforts on behalf the rules were suspended and the con- ety shared for on the one hand saying of this resolution. current resolution was agreed to. it believed in freedom and on the other Again, this year we celebrate the bi- A motion to reconsider was laid on hand enslaving a people because of the centennial of the United States Gov- the table. color of their skin. ernment’s arrival here in Washington. f This resolution is important in my Proper recognition for these laborers is opinion, Mr. Speaker, not only to rec- long past due. GENERAL LEAVE ognize those who participated and la- Mr. THOMAS. Mr. Speaker, I ask b 2000 bored and who helped build this Cap- unanimous consent that all Members itol, but it is also important, it seems We often, as Members of Congress, may have 5 legislative days within to me, because it reminds us of the get to drive into the grounds or drive which to revise and extend their re- contradictions between our principles onto these grounds; and at night espe- marks on H. Con. Res. 368. and our performance. cially driving onto these grounds we The SPEAKER pro tempore. Is there It heightens our awareness, Mr. see our Nation’s dome, the Nation’s objection to the request of the gen- Speaker, of the gulf that sometimes ex- Capitol and remind ourselves that this tleman from California?

VerDate 12-SEP-2000 06:51 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.161 pfrm02 PsN: H12PT1 H7448 CONGRESSIONAL RECORD — HOUSE September 12, 2000 There was no objection. bers may have 5 legislative days within This legislation that is being offered f which to revise and extend their re- is punitive in nature to revoke their marks on H.R. 4892. charter, it is ill-advised, and should be REPORT ON RESOLUTION WAIVING The SPEAKER pro tempore. Is there defeated. POINTS OF ORDER AGAINST CON- objection to the request of the gen- Mr. Speaker, I reserve the balance of FERENCE REPORT ON H.R. 1654, tleman from Arkansas? my time. NATIONAL AERONAUTICS AND There was no objection. Mr. CONYERS. Mr. Speaker, I yield SPACE ADMINISTRATION AU- Mr. HUTCHINSON. Mr. Speaker, I myself such time as I may consume. THORIZATION ACT OF 2000 yield myself such time as I may con- Mr. Speaker, I rise today under some Mr. REYNOLDS (during debate on H. sume. very confusing circumstances. I would Con. Res. 368) from the Committee on Mr. Speaker, while I do not support like to refer to the manager of the bill, Rules, submitted a privileged report this bill, I do believe it is appropriate the gentleman from Arkansas (Mr. that it be brought up for consideration (Rept. No. 106–844) on the resolution (H. HUTCHINSON). I thought I heard him say Res. 574) waiving points of order at this time. I rise in opposition to that he was moving to suspend the against the conference report to ac- H.R. 4892. rules and pass a bill that he is now say- This legislation that has been offered company the bill (H.R. 1654) to author- ing that he is opposed to. by the gentlewoman from California ize appropriations for the National I thought he was the one that caused (Ms. WOOLSEY) is a bill to revoke the Aeronautics and Space Administration this bill to be brought to the floor and 80-year-old Federal charter of the Boy for fiscal years 2000, 2001, and 2002, and that it was him that is urging its pas- Scouts of America. for other purposes, which was referred Tonight, scouts and scout leaders all sage. to the House Calendar and ordered to across this great country are watching Did I hear him correctly? be printed. these proceedings. They are watching Mr. HUTCHINSON. Mr. Speaker, will f with amazement that the Congress of the gentleman yield? Mr. CONYERS. I yield to the gen- SCOUTING FOR ALL ACT the United States is debating a bill to revoke their charter. tleman from Arkansas. Mr. HUTCHINSON. Mr. Speaker, I Now, why is this bill being offered? Mr. HUTCHINSON. Mr. Speaker, I move to suspend the rules and pass the Why should it be considered to revoke thank the gentleman for yielding. bill (H.R. 4892) to repeal the Federal the charter of the Boy Scouts? It is Mr. Speaker, this legislation being charter of the Boy Scouts of America. hard to figure. offered by Members on their side is The Clerk read as follows: First of all, there are no appropriated being brought under the Suspension H.R. 4892 Federal funds that are used to support Calendar, and in order to debate it and Be it enacted by the Senate and House of Rep- the Boy Scouts of America. It is simply provide the sponsors of the legislation resentatives of the United States of America in a Federal charter that is granted to an opportunity to explain their reasons Congress assembled, other patriotic-type organizations that why the Boy Scouts charter should be SECTION 1. SHORT TITLE. allow them to protect the emblems and revoked, is being brought up. And so I This Act may be cited as the ‘‘Scouting for symbols that they have. procedurally asked that the rules be All Act’’. The Boy Scouts have worked for over suspended for its consideration. SEC. 2. FINDINGS. 80 years with the youth of our Nation, Mr. CONYERS. Mr. Speaker, reclaim- The Congress finds the following: building leadership and molding char- ing my time, I see. I thank the gen- (1) Federal charters are prestigious distinc- acter. The charter of the Boy Scouts, tleman for that information. tions awarded to organizations with a patri- Now, we are both on the Committee otic, charitable, or educational purpose. granted by this Congress, states that (2) Although intended as an honorific title, they will promote patriotism, courage, on the Judiciary. Did this bill go a Federal charter implies Government sup- self-reliance, and kindred virtues, vir- through the committee? port for such organizations. tues that we desperately need in this I continue to yield to the ranking (3) In 1916, the Federal Government grant- country. member on the Republican side. ed a Federal charter to the Boy Scouts of Millions of scouts are trained under Mr. HUTCHINSON. Mr. Speaker, I America. the leadership of this great organiza- thank the gentleman for yielding. (4) Although the Boy Scouts of America tion. They provide over 3 million boys The legislation has not been reported promotes the social and civic development of and young adults the opportunity to by the Committee on the Judiciary. young boys through mentoring, it also sets Mr. CONYERS. Mr. Speaker, I thank an example of intolerance through its dis- participate in educational programs. In criminatory policy regarding sexual orienta- 1998, the Boy Scouts contributed over you. tion. 52 million community service hours to Mr. Speaker, I ask the gentleman, (5) Federal support for the Boy Scouts of our Nation and is committed to pro- have there been any hearings in the America indirectly supports the organiza- viding an additional 1 million service Committee on the Judiciary? tion’s policy to exclude homosexuals. hours to preserving the environment at Mr. HUTCHINSON. Mr. Speaker, as (6) A policy of excluding homosexuals is our national parks. the ranking member, I think the gen- contradictory to the Federal Government’s Another reason that this bill is ill- tleman is fully aware that we have not support for diversity and tolerance and conducted any hearings on this legisla- should not be condoned as patriotic, chari- advised is that the Supreme Court of table, or educational. the United States affirmed the first tion. Mr. CONYERS. Mr. Speaker, I thank SEC. 3. REPEAL OF FEDERAL CHARTER OF BOY amendment freedom of the Boy Scouts SCOUTS OF AMERICA. to exclude scout masters who do not the gentleman again for his comments. (a) REPEAL.—Chapter 309 of title 36, United support the values of the Boy Scouts of And so you are against this bill, have States Code, which grants a Federal charter America. We should adhere to the opin- not had any hearings, there have been to the Boy Scouts of America, is repealed. ion of the United States Supreme no votes in committee, and you are (b) CLERICAL AMENDMENT.—The analysis at Court. urging that we rush it through this the beginning of subtitle II of title 36, United Finally, the Attorney General of this process when it has never been through States Code, is amended by striking the item country has given an opinion that the the committee. relating to chapter 309. use by Federal lands of the Boy Scouts If that is the case, sir, then I would The SPEAKER pro tempore. Pursu- does not convene even in any executive ask unanimous consent to have this ant to the rule, the gentleman from Ar- order of this administration. suspension bill removed from the cal- kansas (Mr. HUTCHINSON) and the gen- Mr. Speaker, the Boy Scouts of endar. tleman from Michigan (Mr. CONYERS) America today are under attack by The SPEAKER pro tempore. Does the each will control 20 minutes. this legislation and by others in Amer- gentleman from Arkansas (Mr. HUTCH- The Chair recognizes the gentleman ica. I believe an organization that sup- INSON) yield for that request? from Arkansas (Mr. HUTCHINSON). ports our values and our freedoms and Mr. HUTCHINSON. Mr. Speaker, I GENERAL LEAVE builds leadership among young people certainly object to the request. I would Mr. HUTCHINSON. Mr. Speaker, I should be supported and we should de- ask the gentleman to yield for a re- ask unanimous consent that all Mem- fend the Boy Scouts of America. sponse.

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.166 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7449 The SPEAKER pro tempore. The gen- of this importance to our Nation in the b 2015 tleman objects. The unanimous con- dark of night instead of in the light of They believe if one does not subscribe sent is not ordered. day is a mistake. to their view of the world then they Mr. CONYERS. Mr. Speaker, would To suggest that it is noncontrover- must be humiliated, silenced, and re- the gentleman be willing to have hear- sial and could pass with a two-thirds formed in the name of tolerance. They ings on the bill before the measure is vote is very short-sighted. are in error, and I suppose now today passed which he is apparently very sin- Mr. CONYERS. Well, that is the un- ashamed of the bill that they have cerely opposed to? derstanding I have heard from my good dropped. Tolerance does not require a Mr. HUTCHINSON. Mr. Speaker, if friend, the gentleman from Arkansas moral equivalency. One can be tolerant the gentleman would continue to yield, (Mr. HUTCHINSON), is that he considers of one’s beliefs of others while being in- I think the reason, and this is some- this apparently a noncontroversial bill tolerant of their behavior and actions. what of an unusual circumstance, well, to which he is opposed to which hear- Today, millions of boys from every actually it is not unusual that it is ings have never been heard. ethnic, religious, and economic back- being brought up on suspension. We do Well, now, if there has ever been a ground, including those with disabil- that all the time to bring up a bill on parallel like this ever in the history of ities and special needs, participate in suspension without going through the this Congress, it has not been since I Scouting programs across America. committee. The gentleman well knows have been here. The Boy Scouts are a model for inclu- that. But I believe in this cir- Mr. Speaker, I reserve the balance of siveness. Our youth today face a daily cumstance, when the administration my time. onslaught from some parts of our cul- has suggested that the Boy Scouts of Mr. HUTCHINSON. Mr. Speaker, I ture that promote self-gratification America should not use Federal land yield 2 minutes to the great gentleman and alternative lifestyles. As one of the under current executive order that from Indiana (Mr. BUYER). few counters to this, the Boy Scouts they need a statement that their char- Mr. BUYER. Mr. Speaker, I thank keep such, I guess, out-of-fashion val- ter is in good standing. And I think the gentleman for yielding me the ues as duty to God and country, honor, that legislation revokes the charter. time. respect, self-sacrifice, and community We are saying, hopefully, by defeat- Mr. Speaker, I think what is obvious, service. ing that, that we stand with the Boy if they know they are going to lose on I believe we should commend, not Scouts of America and we believe that the substance of a bill, then they argue punish, an organization that attempts their charter should not be revoked process. If they are ashamed of having to foster a sense of personal responsi- and that would put an end to the mat- authored a particular bill, then do not bility and strong character in our boys ter, I would hope. submit it. and young men. I urge all of my col- Mr. CONYERS. Mr. Speaker, I thank I have authored legislation. I would leagues, 50 percent of whom were Boy the gentleman. He is not confusing me be eager as soon as I drop it for it to Scouts, to side with the vast majority more, but we have increasing numbers come to vote. I would be eager for that. of Americans and vote no against this of ambiguity. I would be proud of the legislation that ill-advised bill. Let me turn, then, to the offer of this I actually drafted. Mr. HUTCHINSON. Mr. Speaker, I proposal, the gentlewoman from Cali- I rise in opposition to this legisla- yield 21⁄4 minutes to the gentleman fornia (Ms. WOOLSEY). And if I could tion. from California (Mr. ROHRABACHER). ask her, and we have not talked about Mr. Speaker, I rise today in strong opposi- Mr. ROHRABACHER. Mr. Speaker, as this, has she requested that this bill be tion to H.R. 4892, the Scouting for All Act. On the Republican co-chairman of the placed on the floor for disposition? June 28, the Supreme Court ruled in Dale vs. Congressional Scouting Caucus, as a Mr. Speaker, I yield to the gentle- Boy Scouts of America, that private organiza- proud Eagle Scout and as a supporter, woman. tions have the right to set their own standards an unapologetic supporter of Scouting Ms. WOOLSEY. Mr. Speaker, no, I for membership and leadership. This allows in America, I stand here tonight to have not made that request at this the Scouts to continue developing young men commend the Boy Scouts of America time. I was hoping for hearings and a of strong moral character without imposing for what they have done over these last markup and to bring this issue that is standards on them that they find incompatible 90 years in strengthening the American important to full light to this Congress with their beliefs. character, developing good citizenship, with a full debate. In response to the Supreme Court and enhancing both the mental and Mr. CONYERS. Mr. Speaker, I thank ruling, the Boy Scouts have faced an physical fitness among America’s the gentlewoman for her comments. onslaught of criticism, intimidation youth. I ask the gentlewoman, has she had and extortion from those who seek to Instead of attacking the Boy Scouts, any response from the Committee on inflict their beliefs on an organization we should be celebrating the fact that the Judiciary about the disposition of that promotes moral character and the Supreme Court has upheld the the matter? She wanted hearings. She personal responsibility. sanctity of our First Amendment; and did not request that we come to the Protests were organized in twenty-one we should applaud the Scouts for floor today. states including my district in Indiana, urging standing strong under pressure to com- Ms. WOOLSEY. Mr. Speaker, I did businesses to revoke their sponsorship of the promise their own principles. H.R. 4892 not. As a matter of fact, I was sur- Scouts. Last month, the Interior Department proposes to revoke the Federal charter prised. We heard about this suspension attempted to bully and harass the Boy Scouts of the Boy Scouts of America because at 6 o’clock last night D.C. time when over access to public lands. In Los Angeles, they have maintained a moral stand- I was in California. And the idea that some delegates to the Democratic national ard, rejected by America’s liberal left. we would bring a controversial, impor- convention booed a group of Scouts as they But the Scouts, like everyone else, tant issue like this onto the Suspen- stood on the stage of the Staples Center. have rights to set their own standards, sion Calendar was a total surprise to Now, in an attempt to punish the Boy and not to be targeted for doing so. me, because I think of suspensions as Scouts for refusing to toe the line, proponents That is what freedom of association is noncontroversial issues, such as nam- of H.R. 4892 seek to revoke the Boy Scouts' all about. That is what the Supreme ing a post office. federal charter, originally granted by Congress Court confirmed in its decision. Mr. CONYERS. Mr. Speaker, I want in 1916. In recent months, we have witnessed to ask the gentlewoman, the author of This bill claims to be acting in the the despicable booing of Boy Scouts by the amendment, would she find that name of tolerance and inclusion. In re- Democrat delegates during their con- hearings and markups in the regular ality, it is this bill, not the Boy vention; a 55,000 signature petition de- process would be helpful in developing Scouts, that promotes intolerance. The livered to the Boy Scouts headquarters an understanding around her motive Boy Scouts respect others’ rights to demanding that they scrap require- and purpose for introducing this bill? hold differing opinions than its own. ments for Scout masters, and in my Ms. WOOLSEY. Mr. Speaker, abso- All the Scouts ask is that others re- own county in Orange County, Cali- lutely. A hearing was necessary. A spect its beliefs. The sponsors of this fornia, where the ACLU and others markup is necessary to bring an issue bill believe just the opposite. have tried to force the Scouts to take

VerDate 12-SEP-2000 05:34 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.170 pfrm02 PsN: H12PT1 H7450 CONGRESSIONAL RECORD — HOUSE September 12, 2000 God out of their Scout oath; and we so reprehensible about Scouts that Scouts of America to discriminate have also witnessed a malicious and they would boo a Scout and hiss at a against gays today. reprehensible effort by the part of some Scout for standing up and leading our My colleagues on the other side of corporations and even the United Way Nation and their party in the pledge of the aisle suggest that they speak for in some areas to choke off funding for allegiance, and why they now come be- the average American; that the vast the Scouts in an attempt to force them fore this body, before this flag, before majority of Americans support intoler- into submission. this speaker, before the American peo- ance. They are wrong. Everyone is free to choose their own ple, and tell us that the Boy Scouts for This poster alone will show the head- life-style and I would stand up for any- being morally straight are so reprehen- lines from the newspapers across this one’s right to have their own privacy sible in their eyes that they ought not Nation that are reporting the reaction and their own life-style, as the Scouts to even have the historical charter to the Boy Scouts’ position of intoler- stand up for that; but the Scouts, too, granted by this body. ance. It is clear that opposition to the have their rights and we should be ap- Have they no shame, Mr. Speaker? Boy Scouts’ intolerant policy is not a plauding them for standing up for their Have they no shame? And now we have fringe movement. It is part of the own principles and their own beliefs the gentleman on the other side saying mainstream belief that intolerance in rather than trying to attack them now he does not even have the courage to any form is un-American. From Fall and to destroy the freedom of associa- stand up and vote for the resolution River, Massachusetts, to Broward tion guaranteed by our Constitution. that they support. This resolution County, Florida, from Chicago to San Mr. CONYERS. Mr. Speaker, I yield ought to be soundly defeated. Francisco, American cities, American myself 1 minute. Mr. CONYERS. Mr. Speaker, I yield private corporations, nonprofit organi- Mr. Speaker, this is a Republican such time as she may consume to the zations, schools, churches, families are theme tonight, how dare we bring up gentlewoman from California (Ms. saying no to intolerance. this bill that they bring up. The gen- WOOLSEY). In the city of Chicago, the Boy tleman from Arkansas (Mr. HUTCH- (Ms. WOOLSEY asked and was given Scouts can no longer use city parks, INSON) has said that the bill has not permission to revise and extend her re- schools or public sites because their been through committee, no hearings. marks.) policy, the Boy Scout policy of intoler- The author of the bill was notified in Ms. WOOLSEY. Mr. Speaker, I rise ance, conflicts with the city’s existing California that it was coming up, and today because I support H.R. 4892, the nondiscrimination policy. now everybody is saying that this is a Scouting for All Act, an act to repeal In Fall River, Massachusetts, the bill that they object to for many rea- the Boy Scouts of America’s congres- local United Way voted overwhelm- sons. Is this some kind of a cynical po- sional charter. I urge all of my col- ingly to withdraw support from the litical stunt that we are playing here leagues to join me in sending a clear Boy Scouts. tonight? Nobody wants the bill, but the message that the civil rights move- Private companies are also finding Republicans sponsor it on a suspension ment is alive and well in the United that the Boy Scouts’ intolerance is un- on which they say there is supposed to States of America, and that this Con- acceptable. Among other corporations, be very little dissension about the bill. gress does not support discrimination Textron, Inc., Knight Ridder and oth- So I am in some confusion of what we in any form. ers have pulled their support from the are trying to do. Contrary to what some of my col- Scouts. Because when people stand up I plan to vote present on this meas- leagues on the other side are alluding and say intolerance is wrong, they do ure. to, we are not saying that the Boy make a difference. One of those people Mr. HUTCHINSON. Mr. Speaker, I Scouts are bad. We are saying that in- is Steven Cozza, a teenager from yield 2 minutes to the gentleman from tolerance is bad. I was a Girl Scout. Petaluma, California, where I live. Georgia (Mr. BARR), a member of the One of my sons was a Boy Scout. I Steven, as a 12-year-old Boy Scout, Committee on the Judiciary. know the value of Scouting, and that is working to earn his Eagle Scout badge, Mr. BARR of Georgia. Mr. Speaker, I why I believe that Scouting should be became aware of the intolerance poli- thank the distinguished gentleman available to all boys, not just some cies against gays in Scouting. And as a from Arkansas (Mr. HUTCHINSON) for boys. Scout, he decided, he was 12 years old, yielding me this time. I am not standing here today to over- he decided to do something about it. Mr. Speaker, one of the sorriest and ride the Supreme Court. The unchange- That was 31⁄2 years ago. Since then, most shameful exhibitions of a cynical able fact is that towards the end of Steven and his dad, Scott Cozza, nei- political move, to use the word of the June the Supreme Court upheld the ther one of them is gay, they have gentleman from Michigan (Mr. CON- Boy Scouts’ discriminatory policy. So I nothing to gain except they know that YERS), that our Nation has ever wit- stand here not to ask if the Boy Scouts intolerance is wrong, they started an nessed was a couple of weeks ago at the have a right to a discriminatory policy organization called Scouting for All. Democrat National Convention when a but to ask if their discriminatory pol- Scouting for All is a campaign, a na- member of a Boy Scout troop, at the icy is right. tional campaign, encouraging the Boy invitation of the Democrat National In 1939, Marian Anderson, an African Scouts to change their policy. Convention, appeared before that body American opera singer, was invited to To date, they have gotten more than to lead that body in the pledge of alle- perform at Constitutional Hall, then 53,000 signatures to support change of giance, and for that show of patriotism operated by the Daughters of the the policy. Steven Cozza supports abo- that Scout was booed and hissed at by American Revolution, another char- lition of the Scouts’ prohibition on the party that sits on the other side in tered organization. gays. He knows that it is wrong. It is support of this resolution. The DAR said that Marian Anderson wrong to exclude some boys based on Not being content with booing and could not perform at Constitution Hall sexual orientation, and it is wrong to hissing a Boy Scout, they have now because she was black. As a result, teach other boys by example to be in- moved the forum for their denigration then First Lady Eleanor Roosevelt re- tolerant. Perhaps some of my col- and assault on the Boy Scouts of Amer- signed her DAR membership and co- leagues believe that intolerance is ica to this Chamber. They truly ought ordinated a concert for Marian Ander- okay. I do not, and neither do millions to be ashamed. son at the Lincoln Memorial. 75,000 of people across the Nation who live in What is it, I ask my colleagues on people attended and ultimately the the cities that have stood against in- the other side, that they find so rep- DAR changed its policy of discrimina- tolerance, or worked for the companies rehensible in the Scout oath, which in- tion. that have withdrawn their support or cludes words that Scouts are phys- Simply because an esteemed organi- made contributions to the organiza- ically strong? Do they object to that? zation holds a belief does not make tions that no longer support Scouting. That Scouts shall be mentally awake, that belief right. It was wrong for the My colleagues would do well to get do they object to that? That Scouts Daughters of the American Revolution outside the Chambers and talk with may be morally straight, apparently to discriminate against African Ameri- parents in Montclair, New Jersey, who there is the rub, that is what they find cans then and it is wrong for the Boy are circulating a petition opposing the

VerDate 11-MAY-2000 05:53 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.174 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7451 Boy Scouts’ policy. They should also this body that was a member of the American values of faith, loyalty, talk with the elected officials of San Boy Scouts. duty, honor, patriotism, community Jose, California, who say that Boy Mr. Speaker, the Boy Scouts are a service, and individual responsibility Scout intolerance is incompatible with private organization with a long-stand- in the young men of this Nation. their city laws. ing reputation protected by the first We will prevail today in defeating this attack on the Scouts, but only be- b 2030 amendment. Now, despite the Supreme Court endorsement of its mission, we cause the spotlight of American’s at- Repealing the Boy Scouts Federal are engaged in a politically motivated tention has been focused on our oppo- charter is a sensible and reasonable attempt to attack a great organiza- nents. Some on this side disavowed this way for this Congress to take a stand tion. The Boy Scouts bylaws state that bill they once co-sponsored because the against intolerance and not have it one of the purposes of the organization glare of attention has exposed the ex- look as if our Nation supported intoler- is to teach morals to young men and tremism of their views. ance. A charter is an honorary title boys and to help develop a strong group Mr. Speaker, I urge my colleagues that Congress awards to organizations of core values. and fellow citizens to oppose this bill. that serve a charitable, patriotic, and For years, this has been a great suc- Mr. CONYERS. Mr. Speaker, because educational purpose. But to me, there cess. Now it seems that some in Con- we have 4 minutes left and my dear is nothing charitable, there is nothing gress want to legislate what these core friend, the gentleman from Arkansas patriotic; and it certainly is not a values should be. Obviously, core val- (Mr. HUTCHINSON) has 8 minutes left, I value we want our children to learn. ues taught in Scouting today were seen would ask him to go forward if he Mr. Speaker, revoking the charter to be fit when Boy Scouts were granted would. does not cut off Federal funding for the their first Federal charter and have re- Mr. HUTCHINSON. Mr. Speaker, I Boy Scouts. It does not change their mained the same unchanged since then. yield 1 minute to the gentleman from tax status. Revoking the charter sends So why is this an attack? Pennsylvania (Mr. PITTS). a clear message that Congress does not The Boy Scouts engage in hundreds Mr. PITTS. Mr. Speaker, I rise in op- support intolerance. of projects of good works across the position to H.R. 4892. The other side Mr. Speaker, I call on my colleagues country, and I think we should leave acted as if voting on bills on suspen- to join me in support of H.R. 4892. To- the seal of approval on this organiza- sion is unusual. This week the notice gether we can show the American peo- tion as American as apple pie and base- says we are voting on 27 bills on sus- ple that like them, this Congress does ball; and I recommend a vote against pension. We just finished voting on 5 of not accept intolerance. As a represent- this bill. them. After booing the Boy Scouts at their ative of the people, let us make their Mr. CONYERS. Mr. Speaker, I yield 1 national convention, after the Clinton- message of support for tolerance heard minute to the gentlewoman from Cali- Gore administration contemplated bar- throughout this House. fornia (Ms. WOOLSEY). We are not saying that Boy Scouts Ms. WOOLSEY. Mr. Speaker, I would ring them from national park pro- are bad; we are saying that intolerance like to respond to the comments of the grams, now the Democrats have intro- duced legislation to revoke the Boy is bad. gentleman from Arkansas (Mr. HUTCH- Scouts charter. Mr. HUTCHINSON. Mr. Speaker, I INSON) that we are attacking the Boy In 1916, the U.S. Congress gave the yield myself 1 minute. Scouts. Indeed, the Boy Scouts do good Boy Scouts of American a national Mr. Speaker, I thank the gentle- work. charter because we believed in what woman from California (Ms. WOOLSEY) My point and our point is that all they were doing. We believed in the for her sincere comments, and I appre- boys should be involved in Scouting, values that the Scouts stood for: the ciate the fact that the gentlewoman is not just some boys; and it is perfectly Boy Scout oath is an oath every Mem- standing strong in support of her bill all right as a private organization to do ber of this body would do well to be fa- that would revoke the charter of the as you choose. It is not all right for the miliar with. Evidently, the Democrats Boy Scouts of America; and she indi- Federal Government to support intol- no longer believe in the values em- cates that she is not saying that the erance. bodied in this oath. Evidently, they be- Boy Scouts are bad; but, Mr. Speaker, Mr. HUTCHINSON. Mr. Speaker, I lieve the Boy Scouts are dangerous. I believe that all of America is seeing yield 1 minute to the gentleman from The Democrats believe times have an attack on the Boy Scouts, and I Utah (Mr. CANNON), who is a member of changed, that the old rules of right and think that our efforts today in Con- the Committee on the Judiciary. gress is simply to defend them. Mr. CANNON. Mr. Speaker, I rise wrong no longer apply. Evidently, the American people are The question is about tolerance. The today in opposition to this dangerous wrong, but the Boy Scouts is not a hate Attorney General of the United States bill that attacks a treasured American organization. They are the premier issued a statement in response to re- institution, the Boy Scouts of America. youth organization of America, train- quests for an opinion that said that the A small group of extremists on the ing young people in character, vol- Boy Scout jamborees are not federally minority side is attempting to revoke unteerism and patriotism, self-reliance conducted education or training pro- the charter of an organization that has grams. In other words, this is a private to believe in God and country. done much good. The attack today is Mr. Speaker, I urge that we defeat association. The Supreme Court has because this private organization, the this outrageous bill. said they have a right to associate and Boy Scouts, demands traditional moral Mr. HUTCHINSON. Mr. Speaker, I to conduct themselves freely; that is rectitude from its members. yield such time as he may consume to what this country is about. They have This attack on the Boy Scouts alone the gentleman from Maryland (Mr. African American Scouts, Asian Amer- would be repugnant to most Ameri- BARTLETT). ican Scouts; and so they have a broad cans. But today’s attack goes beyond (Mr. BARTLETT of Maryland asked range, but they have some beliefs that just the Boy Scouts. It is an attack and was given permission to revise and they stand for and do not want to be upon the fundamental values of Amer- extend his remarks.) compromised. I believe that is con- ica. Mr. BARTLETT of Maryland. Mr. sistent with freedom. Our debate on this bill is just one Speaker, I rise in strong opposition to The gentlewoman from California skirmish of a much larger cultural war this bill. (Ms. WOOLSEY) referred to Boy Scout- for our Nation’s heart and soul. The Mr. HUTCHINSON. Mr. Speaker, I ing for all. They have the freedom of gentlewoman from California (Ms. yield such time as he may consume to association, but so does the Boy Scouts WOOLSEY) has laid out the legal and the gentleman from California (Mr. of America. governmental opposition to the Boy HERGER). Mr. Speaker, I yield 1 minute to the Scouts. (Mr. HERGER asked and was given gentleman from North Carolina (Mr. This war is a big deal, and it will af- permission to revise and extend his re- Ballenger). fect us all. Mr. Speaker, perhaps no marks.) Mr. BALLENGER. Mr. Speaker, I civic organization has done as much as Mr. HERGER. Mr. Speaker, I rise in speak as one of the proud 50 percent of the Boy Scouts to instill the core strong opposition to this legislation.

VerDate 11-MAY-2000 05:53 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.176 pfrm02 PsN: H12PT1 H7452 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Mr. HUTCHINSON. Mr. Speaker, I Mr. HUNTER. Mr. Speaker, bless America. God bless the Boy yield such time as he may consume to I rise in opposition to this initiative to revoke Scouts. the gentleman from Virginia (Mr. the Federal Charter of the Boy Scouts of Mr. HUTCHINSON. Mr. Speaker, I GOODE). America. yield 1 minute to the gentleman from (Mr. GOODE asked and was given Mr. Speaker, as a former Boy Scout who North Carolina (Mr. HAYES). permission to revise and extend his re- only attained the rank of second class, I none- Mr. HAYES. Mr. Speaker, I rise in marks.) theless recognized early on the great contribu- opposition to the legislation of the gen- Mr. GOODE. Mr. Speaker, this bill tion that this nation receives from the Boy tlewoman from California (Ms. WOOL- would wreck 90 years of patronage of Scouts. SEY) to revoke this charter. This type the Boy Scouts of America. I urge op- We are a nation of great industrial produc- of Federal charter is issued to organi- position. tion. No other nation manufactures the wide zations with patriotic, charitable, and Mr. HUTCHINSON. Mr. Speaker, I array of products that stream from our assem- educational purposes. yield such time as he may consume to bly lines. There is no organization in this coun- the gentleman from Pennsylvania (Mr. But the greatest American product is char- try that lives up to these principles TOOMEY). acter. It is the character of strength, compas- more than the Boy Scouts. The motto (Mr. TOOMEY asked and was given sion, integrity and courage that makes the last of the Boy Scouts is ‘‘God, Country, permission to revise and extend his re- 100 years ``the American century.'' Honor, Helping Others.’’ marks.) The Boy Scouts of America have been a Boy Scouts confirm that character Mr. TOOMEY. Mr. Speaker, I rise in primary factory of American character. Their counts. These are values that are strong opposition to this bill, which is ideals and values strengthen us. They also learned by young men and carried with an insult to the millions of Americans offer wholesome association for the boys of them throughout their lives. Mr. who devote so much time and energy to America, many from broken families. Speaker, let us tell it like it really is. the Boy Scouts of America. In this world that has become increasingly This ridiculous legislation is meant to Mr. HUTCHINSON. Mr. Speaker, I dangerous for youngsters, the Boy Scouts is a shame an organization just because it yield such time as he may consume to safe haven for those who want their children does not conform to the extreme left the gentleman from Alabama (Mr. to grow in an environment of traditional Amer- wing’s view of the world. RILEY). ican values that has illuminated the world in Over 3 million young men in the Boy (Mr. RILEY asked and was given per- the 20th century. Scouts nationwide are being taught mission to revise and extend his re- Support the Boy Scouts. values, values such as duty to God and marks.) Mr. HUTCHINSON. Mr. Speaker, I country, honor, respect, honesty, com- Mr. RILEY. Mr. Speaker, I rise in yield such time as he may consume to munity service. By revoking the char- strong opposition to this Democratic the gentleman from Kansas (Mr. ter of the Boy Scouts of America, the bill, which defies everything that is RYUN). supporters of this legislation are say- American. (Mr. RYUN of Kansas asked and was ing that those values do not matter. I believe that this billÐthis whole unbeliev- given permission to revise and extend They are saying that what is impor- able argumentÐdoes nothing more than pun- his remarks.) tant is forcing the Boy Scouts to adopt ish and browbeat one of the most respected Mr. RYUN of Kansas. Mr. Speaker, I their agenda, which is clearly wrong, organizations for young men in America today. rise in strong opposition to this, and I counterproductive to community val- The name itself has become synonymous am wondering why we are even dealing ues and destructive to traditional fami- with being a good person in everyday con- with this. I know the wonderful values lies. versation we even call trustworthy, noble hard- that the Boy Scouts represent. Mr. Speaker, I urge my fellow Mem- working people: ``Boy Scouts.'' Mr. HUTCHINSON. Mr. Speaker, I bers to vote against this scurrilous at- Mr. Speaker, this bill is simply wrong. yield 1 minute to the gentleman from tack on American values. Our government shouldn't fear the Boy North Carolina (Mr. JONES). Mr. HUTCHINSON. Mr. Speaker, I Scouts. Mr. JONES of North Carolina. Mr. yield 1 minute to the gentleman from The Boy Scouts shouldn't have to fear our Speaker, I stand in strong opposition Arizona (Mr. HAYWORTH). government. Mr. HUTCHINSON. Mr. Speaker, I to H.R. 4892, and I wonder so many Mr. HAYWORTH. Mr. Speaker, as an yield such time as he may consume to times the American people are won- Eagle Scout, I rise in strong opposition dering why America’s in such moral to the so-called Scouting for All Act, the gentleman from Texas (Mr. SAM decay, and then I look at this legisla- because, Mr. Speaker, the so-called JOHNSON). (Mr. SAM JOHNSON of Texas asked tion, and then I ask myself how in the Scouting for All Act means constitu- and was given permission to revise and world can we in Congress even be de- tional rights for none. It is as if we extend his remarks.) bating such an outrageous bill such as tear freedom of association out of the Mr. SAM JOHNSON of Texas. Mr. H.R. 4892, because, Mr. Speaker, in the document. Speaker, I rise in strong opposition to Scout oath the word ‘‘morally Another federally chartered organi- this Democrat proposition, and I won- straight,’’ what does morally straight zation, the Jewish War Veterans. We do der why we are even doing it when mean to the other side that is sup- not see the southern Baptists or the America is such a great Nation. porting this legislation? Buddhists demanding membership in Mr. HUTCHINSON. Mr. Speaker, I I realize the President of the United the Jewish War Veterans. Jewish War yield such time as he may consume to States does not understand what mor- Veterans as a federally chartered orga- the gentleman from Wisconsin (Mr. ally straight means, but there are nization have the right of freedom of RYAN). many people throughout the district association based on their spiritual be- (Mr. RYAN of Wisconsin asked and that I represent and throughout this liefs. was given permission to revise and ex- country that understand that we need My suggestions to those who place tend his remarks.) to be morally straight. We need to look such an emphasis on sexual identity is Mr. RYAN of Wisconsin. Mr. Speaker, to God, we need to look to the Ten to have another freely formed associa- I rise to speak out in opposition to this Commandments. That is what the Boy tion, the sexual identity seekers of Democratic initiative to ban the Boy Scouts help the youth of America do. America. If that predicates one’s world Scouts from enjoying the rights that Mr. Speaker, I want to thank the views, that is the choice. The profound they have enjoyed since their exist- gentleman from Arkansas (Mr. HUTCH- intolerance of those who claim to ence. INSON) for giving me this opportunity, preach tolerance is incredible. Those Mr. HUTCHINSON. Mr. Speaker, I and I want to say to the Democrats who would boo the scouts, and the Vice yield such time as he may consume to who booed the Scouts at the Demo- President of the United States, the the gentleman from California (Mr. cratic convention, you should be standard-bearer of his party not stand- HUNTER). ashamed of yourselves. There should ing foursquare for this federally char- (Mr. HUNTER asked and was given have been one leader at the Democratic tered organization. Shame on those permission to revise and extend his re- convention to stand up to chastise who bring shame to this Nation by try- marks.) those who booed the Boy Scouts. God ing to profoundly alter the Scouts.

VerDate 11-MAY-2000 05:53 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.180 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7453 b 2045 Let me talk about the Boy Scouts. I not care enough about the lives of chil- Mr. CONYERS. Mr. Speaker, I yield grew up in the Boy Scouts. I was an ac- dren who are victimized or killed be- myself 15 seconds and caution the gen- tive Boy Scout and formed an Explorer cause of their sexual orientation. They tleman, my friend previously in the post. will not stand up to gay bashing. They well. I thought I saw him ripping the That organization does more to in- want to do nothing except play these Constitution. If that is the case, I still the proper values in young men kinds of games, which, to me, does a would urge that he not do that pub- than any organization I know of in this great disrespect to our legislative proc- licly. Nation, and what is at issue here is not ess. Mr. Speaker, I yield 11⁄2 minutes to sexual orientation. What is at issue I do not believe that revoking the the gentleman from Mississippi (Mr. here is the First Amendment to the Federal charter of the Boy Scouts is TAYLOR). United States Constitution, and, the proper remedy at this time. Revok- Mr. TAYLOR of Mississippi. Mr. thankfully, the United States Supreme ing the Federal charter would not have Speaker, I thank the gentleman for Court made it clear what that amend- any effect on the Boy Scouts. yielding me time. ment says. What that amendment says I urge that those who support me Mr. Speaker, I also want to rise in is private organizations, even with vote present on this matter. opposition to this effort by the gentle- those with a charter, and there are oth- Mr. HUTCHINSON. Mr. Speaker, I woman from California (Ms. WOOLSEY). ers with similar charters, they have yield such time as he may consume to She is a Member of Congress, elected the right to define and the right to de- the gentleman from Oregon (Mr. WAL- by the people of her Congressional Dis- cide who should associate with those DEN). trict, and has every right, as has every organizations. (Mr. WALDEN of Oregon asked and Member, to introduce any piece of leg- Now, here, because of that Supreme was given permission to revise and ex- islation that she wants. She has every Court decision defending the First tend his remarks.) right to demand a vote on it. Amendment, we see legislation attack- Mr. WALDEN of Oregon. Mr. Speak- My colleagues have every right to ing the Boy Scouts. I think it is a trag- er, I stand as an Eagle Scout in opposi- speak. I think it is a bit unfair to say edy that this issue should have come tion to this measure. ‘‘every Democrat.’’ I was not watching up. I think it is a tragedy that some The SPEAKER pro tempore (Mr. the convention, I was not there at the want to destroy the Boy Scouts of ISAKSON). The gentleman from Arkan- convention, I do not know what might America and want to go after them and sas (Mr. HUTCHINSON) has 3 minutes re- or might not have happened. So the assert upon them and enforce upon maining and has the right to close. All characterization of all Democrats as them their ‘‘politically correct’’ views. time has expired for the gentleman being against the Boy Scouts I do not Mr. Speaker, I urge my colleagues to from Michigan (Mr. CONYERS). think would hold water and is a cheap vote against this legislation and defend Mr. HUTCHINSON. Mr. Speaker, I shot. the Boy Scouts of America. yield myself the balance of my time. I will make this observation: I do not Mr. CONYERS. Mr. Speaker, I yield Mr. Speaker, I want to express my know how many cosponsors the gentle- myself the balance of my time. compliments to the gentleman from woman from California (Ms. WOOLSEY) Mr. Speaker, the Scoutmaster’s Michigan (Mr. CONYERS) for the way he has on her bill. I do know my friend Handbook emphasizes these points has conducted this debate and the gen- and colleague, the gentleman from about being morally straight, and I tlewoman from California (Ms. WOOL- Mississippi (Mr. SHOWS), has over 300 quote from the United States Supreme SEY) as well. We in this body are in- cosponsors, Republicans and Demo- Court decision. ‘‘In any consideration tense, we have strong beliefs about crats, trying to restore the promise of of moral fitness, a key word has to be things, but we need to be collegiate in health care for our Nation’s military courage, a boy’s courage to do what his these debates. I want to congratulate retirees. That bill has never had a head and his heart tell him is right, Members for the way this debate was hearing, it has never had an oppor- and the courage to refuse to do what conducted. tunity for one vote. his heart and his head say is wrong. There was a concern raised about we If you are going to find the time as Moral fitness, like emotional fitness, are saying this is a Democratic bill. I the majority to bring a bill to the floor will clearly present opportunities for will acknowledge there are Democrats that will probably get less than 10 wise guidance by an alert scout- that oppose this bill as well that will votes tomorrow, that is fine. It is great master.’’ not be voting for this. This is a bill that you are giving every Member that Then the court goes on to say, ‘‘It is being offered certainly by your side of opportunity. I would ask for that same plain as the light of day that neither the aisle, and there has been expressed opportunity for the 300 of us, and I bet one of these principles, morally a great deal of concern by this adminis- you a bunch of people on this floor are straight and clean, quote-unquote, says tration, so I think that was the under- cosponsors of the Shows bill, to de- the slightest thing about homosex- lying reason for that reference. But mand the same opportunity and privi- uality. Indeed, neither term in the Boy certainly there will be Members from leges as Members of the House if over Scouts’ law and oath expresses any po- your side that oppose it. 300 of us have sponsored that bill. If sition whatsoever on sexual matters.’’ I want Members to know that we all over 300 of us think restoring the prom- So the process we have been in today, want to be tolerant. I believe we should ise of health care for our Nation’s mili- the most unusual one that I can re- practice tolerance in our lives. But, at tary retirees, regardless of the cost, is member being party to on the floor, we the same time you have to balance a priority, then over 300 of us ought to have had a bill brought before us that that desire for tolerance with an under- have a chance to vote on it. was not considered by the Committee standing about freedom. Here in this Mr. HUTCHINSON. Mr. Speaker, I on the Judiciary or the Subcommittee case we have the Boy Scouts of Amer- yield 1 minute to the gentleman from on Immigration and Claims and the ica, that have served this Nation under Arizona (Mr. SHADEGG). sponsor of the bill did not request the a Federal charter for more than 80 Mr. SHADEGG. Mr. Speaker, I thank bill be placed on the floor. So we can years. I believe they have done extraor- the gentleman for yielding me time. assume only that it has been placed on dinary work. Mr. Speaker, I rise in strong opposi- the floor as a political stunt. I, for one, The issue is raised about, well, there tion to the Woolsey legislation. Let me will not be a part of this cynical game. are other bills that could be consid- first begin by simply addressing the Republicans, most of them have no ered. Maybe we would be better off former speaker’s remarks. Let me intention of voting for this bill. They bringing the bills that are offered to make it clear that I have fought for have no intention of getting it through this floor, and this bill was offered and health care reform on this floor vigor- the Senate. They have no intention of ‘‘Dear Colleagues’’ letters were sent ously and continue to fight for it. I doing anything to come to the aid of out asking support for this bill. I think have a bill with many cosponsors that children who are discriminated against it was something that people in Amer- I cannot get brought to the floor. It is because of their sexual orientation. ica were concerned about. a difficult process, but I would suggest They, the leadership, have bottled up I have gotten letters and calls into that it is a fair process. hate crimes legislation because they do my office about what they are doing,

VerDate 11-MAY-2000 05:53 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.183 pfrm02 PsN: H12PT1 H7454 CONGRESSIONAL RECORD — HOUSE September 12, 2000 the attacks on the Boy Scouts of remedy at this time. A Federal Charter is con- However, today marks a new low-point, America. I think America said, what is ferred upon an organization to give them a im- even for this Congress. Mr. Speaker, today we the Congress going to do? So we stand primatur designation to say that your organiza- have a bill on the floor which would revoke the here and say we are going to defeat tion is one that has a patriotic mission and sig- Federal Charter from the Boy Scouts of Amer- this bill. nificantly contributes to the benefit of our na- ica. I think that is a reasonable state- tion, and our society. Revoking the federal Let me repeat myself. Today the Congress ment, a reasonable position, for this charter would not have any effect on the Boy will vote to revoke the Boy Scouts of Amer- Congress to take. Yes, we are tolerant; Scouts and would not help to heal the wounds ica's Federal Charter. but, yes, we also recognize the impor- of intolerance in this country. Although the rev- Mr. Speaker this is an outrage and it must tance of freedom. I believe that is what ocation of a Federal Charter is merely a sym- be stopped. the Supreme Court of the United bolic gesture, this certainly sets a dangerous The Boy Scouts are an American institution States said whenever they affirmed in precedent where the Congress could be in the and one of America's most patriotic organiza- a 5–4 decision the actions of the Boy business of revolving Federal Charters to tions, dedicated to serving God and country. Scouts of America. other organizations just because we disagree Scouts are a shining example to the world of I believe that is what the Attorney with their beliefs. I certainly think this type of what is good about America. General of the United States was say- action should only be done if there is a full In 1916, the United States Congress grant- ing when she rejected the request to hearing. ed the Boy Scouts a Federal Charter, because kick the Boy Scouts of America off of The Congress should stand for the right of it recognized the valuable contributions that the Federal land. She says it is not a all Americans to live free from fear of harass- Scouts make to America. The Scouts are one Federal activity, so if it is not a Fed- ment or violence based upon hatred of who of the most important civic institutions we have eral activity, they have a right to they are. We should pass hate crimes legisla- in this great nation, devoted solely to building make decisions that govern them- tion immediately. character in boys and young men. selves. That is the freedom in America, Mr. BARR of Georgia. Mr. Speaker, I rise The Scouts have led drives to increase that is the right to association in today in opposition to the proposed repeal of blood, organ and tissue donation. America. And, yes, the Boy Scouts of the federal charter of the Boy Scouts of Amer- They have pioneered youth anti-drug efforts. America do good work. I believe they ica. Since its founding in 1910, the Boy Scouts Scouts have fought against hunger, child are under attack, and I believe it is of America has promoted educational pro- abuse and illiteracy. right for this Congress to stand here grams for young men that build character, pa- Scouts were there for America. Yet now, the today and say we are going to vote triotism, and to develop personal fitness. Nine- sponsors of this legislation would turn their down this and make sure it is clear to ty million young men from every ethnic, reli- back on the Scouts. Mr. Speaker, that is everyone in America that the Federal gious, and economic background in suburbs, wrong. charter is right, it should stay there, it farms, and cities have participated in this insti- I am proud of my association with the Boy should be sustained, it should not be tution, and abided by the Scout Oath and Law Scouts. The Scout Troops in Michigan's 16th revoked. by staying ``physically strong, mentally awake, District have a long and distinguished tradition Mr. Speaker, I ask my colleagues to and morally straight.'' of community service, from Dearborn to the defeat this bill. Many now wish to infringe upon this private, fine young men in Monroe. I have joined with Ms. JACKSON-LEE of Texas. Mr. Speaker, charitable organization, and force upon it Scouts on many occasions during my service first let me say that the Boy Scouts of America views that run directly contrary to the tradi- in Congress in community efforts, from river has made a valuable contribution to our soci- tional values of the Boy Scouts of America. As clean-ups to assistance for the needy and less ety. The Boy Scouts of America have taught a private organization, the Boy Scouts dis- fortunate. They represent the best of what America's young men the values and ideals of missed adoption of such views, stating that America is and strives to be. responsibility, leadership, accountability, and they have a constitutional right ``to create and This effort, to revoke their Federal Charger civic duty. They are known for instilling high interpret its own moral code.'' I agree with the is an insult to the Scouts. It is no small won- moral values in our young men, and for being organization's stance, and on June 28th, of der that the public's confidence in this body inclusive. This is why many of us were this year, so did the Supreme Court, when plummets each year thanks to ridiculous, un- shocked when the Boy Scouts refused to be they ruled ``the First Amendment protects the necessary and foolish legislative endeavors inclusive of those with a different sexual ori- Boy Scouts' method of expression.'' such as this, which helps no one and angers entation. In response to this decision, many feel the I believe that the Boy Scouts discriminatory Boy Scouts must now be punished for observ- many. policy against homosexuals falls far short of ing their First Amendment rights of free asso- The Boy Scouts develop and cultivate the the ideals it has taught generations of young ciation and free speech; a repeal of their fed- best characteristics of American citizenship: men. James Dale, an Eagle Scout, was kicked eral charter is one such punishment. self-reliance, leadership, and patriotism; love out of the Boy Scouts because he attended a In recent years, we have seen that many of the outdoors, pride in America, conservation seminar on the needs of gays and lesbian American youth live in an unhappy worldÐvio- and individualism; Americanism, dedication to youth. He had attained the highest honor in lent video games have become the new out- the Constitution and to the Declaration of scouting. But they kicked him out anyway. doors; drugs, the new game on the play- Independence. That was wrong. James Dale, and so many grounds; and guns, the new books brought to These are good, meritorious ideals. others are innocent young men who should class. Throughout this corruption of America's For the benefit of my colleagues supporting not be punished due to their sexual orientation children, however, the Boy Scouts of America this legislation, let me recite the Scout Law, or because they are different. has stood steadfastÐproviding our youth with the principles upon which Boy Scouting is Recently, the Supreme Court held that the a foundation of character, and a sense of based: trustworthy, loyal, helpful, friendly, Boy Scouts are a private organization and, value for citizenship and morality through the courteous, kind, obedient, cheerful, thrifty, therefore, have a right to free association that continuance of the Scout Oath and Law. brave, clean and reverent. allows them to discriminate against whomever In a time where our nation's youth is sub- These are the values that this Congress they choose. But just because it is allowed, jected to moral and character dissolution, and should be supporting, not discouraging. does not make it right. we on Capitol Hill search for solutions, I can- Vote no on this preposterous idea. Nevertheless, I must oppose this bill for two not fathom the reasoning behind why we Ms. ROYBAL-ALLARD. Mr. Speaker, I rise reasons: would want to take away the imprimatur of today in strong support of H.R. 4892, the First, I must object to the process under support that a federal charter affords to an in- Scouting for All Act and I commend my col- which we are considering this bill. This bill was stitution that provides our youth positive guid- league, Congresswoman LYNN WOOLSEY, for not considered by the Judiciary Committee or ance in a misguided world. authoring this bill and taking a strong stand the Immigration and Claims Subcommittee. Mr. DINGELL. Mr. Speaker, the Republican against intolerance. The procedure in this case was circumvented. leadership of the 106th Congress has brought The Boy Scouts of America have a long his- If this Congress is serious about dealing some asinine proposals to the floor. A trillion- tory of promoting social and civic responsibility with confronting intolerance, then why has dollar tax cut for the wealthiest Americans, a among our nation's youth and I commend Hate Crimes legislation been bottled up in the prescription drug proposal that subsidizes them for this. However, I am extremely dis- House? HMOs, not seniors, and a ``managed care'' bill appointed in their decision to exclude potential Second, I do not believe that revoking the that protects the insurance industry rather than members solely on the basis of their sexual federal charter of the Boy Scouts is the proper patients. orientation.

VerDate 11-MAY-2000 05:53 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00080 Fmt 4634 Sfmt 9920 E:\CR\FM\K12SE7.186 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7455 I support the right of private groups to deter- really saying is that they are intolerant of an a significant contribution in fostering mine their membership. However, since Con- individual's freedom to associate with those racial harmony and reconciliation in gress would neither endorse nor charter any whom they, as individuals, see fit. Two vital the United States and around the group that discriminates against Latinos, Afri- issues are raised by this bill's ascendancy to world, and for other purposes. can Americans, women or people with phys- the House floor. The first is that of our con- The Clerk read as follows: ical challenges, just to name a few, Congress stitutional right to freedom of association. The cannot in good conscience continue to tacitly second being the notion of ``federal charters.'' H.J. RES. 102 endorse the Scouts' discriminatory policy. We On June 28, the U.S. Supreme Court ruled Whereas Birmingham, Alabama, is an believe discrimination against any of these that the Boy Scouts of America was within its international symbol of the racial strife in groups is wrong and most of us here would rights when the private organization expelled the United States in the 1950’s and 1960’s; stand up and demand that discriminatory poli- an adult scout leader because he was gay. In Whereas out of the crucible of Bir- cies be ended. The Boy Scouts must be held its five-to-four opinion, the court found that re- mingham’s role in the civil rights movement to the same standard and therefore Congress quiring the Boy Scouts to admit homosexuals of the 1950’s and 1960’s, a present-day grass- roots movement, embodied in the Bir- has the moral responsibility to revoke the violated the group's free association rights. mingham Pledge, has arisen to continue the group's Congressional charter. Nevertheless, this Congress has decided to effort to eliminate racial and ethnic divi- We must remember, that discrimination is bring to the floor a bill attempting to penalize sions in the United States and around the always wrong, whatever form it takes. Wheth- this private group of citizens for exercising world; er it's the policies of the Boy Scouts, a cor- their first amendment ``freedom of association'' Whereas the Birmingham Pledge, authored porate employer or a social club, Congress rights. This is very close to denying the very by Birmingham attorney James E. Rotch, must not condone discrimination. We must right itself. To the extent the Boy Scouts sponsored by the Community Affairs Com- lead by example and we must send the mes- should be penalized for their exercise of free mittee of Operation New Birmingham, and sage that Congress will not tolerate nor en- association (or exclusion in this case), that promoted by a broad cross-section of the dorse such policies targeted at any group. penalty should only manifest itself through community, increases racial harmony by helping individuals communicate in a posi- I support this bill, and I urge each of my col- other private citizens exercising their freedom tive way concerning the Nation’s diversity leagues to do the same. Congress must not not to associate with individuals or groups and by encouraging people to make a com- lend its seal of approval to any organization whose associations (or lack therof) they find mitment to racial harmony; which discriminates. offensive. Whereas the Birmingham Pledge, signed by Mr. DUNCAN. Mr. Speaker, I rise in opposi- As to the ``federal charter'', where do we individuals as evidence of their commitment tion to this bill and to voice the strongest pos- find authority for the federal government to to its message, reads as follows: sible support for the Boy Scouts of America. charter organizations it deems ``honorable''? ‘‘I believe that every person has worth as The Boy Scouts have always emphasized To the extent the ``charter'' is an honorary title an individual. God and Family and Country. awarded by Congress to organizations which ‘‘I believe that every person is entitled to We need more organizations like the Boy is then ultimately used to threaten exercise of dignity and respect, regardless of race or Scouts, and we should be doing everything we the right to freedom of association, I suggest color. can to support and encourage them. we repeal not only the Boy Scout's charter but ‘‘I believe that every thought and every I was a Criminal Court Judge for 71¤2 years all federal charters such that they won't be act of racial prejudice is harmful; if it is in before coming to Congress. used as tools of federal meddling. my thought or act, then it is harmful to me I was told on my first day as a Judge that While I hesitate to further propagate this as well as to others. 98 percent of the defendants in felony cases system of federal charters by which the fed- ‘‘Therefore, from this day forward I will came from broken homes. eral government manipulates private groups, I strive daily to eliminate racial prejudice I read thousands of reports going into the despise more so this congressional attempt to from my thoughts and actions. backgrounds of the people before me. I read penalize the Boy Scouts for merely exercising ‘‘I will discourage racial prejudice by oth- over and over things like: ``Defendant's father their constitutional rightsÐor as syndicated ers at every opportunity. left home when Defendant was two and never columnist Charley Reese recently put it in the ‘‘I will treat all people with dignity and re- returned.'' ``Defendant's father left home to get Orlando Sentinel: spect; and I will strive to honor this pledge, knowing that the world will be a better place pack of cigarettes and never came back.'' I think that it’s time for all patriotic orga- because of my effort.’’; Several years later I read in the Washington nizations that have these federal charters to surrender those documents. It is impossible Whereas more than 70,000 people have paper that two leading criminologists had stud- signed the Birmingham Pledge, including the ied 11,000 felony cases from around the coun- for a dishonorable organization to honor anyone. And these charters are, practically President, Members of the Congress, State try. speaking, worthless. If the federal govern- Governors, State legislators, mayors, county They said the biggest single factor in seri- ment believes that mindless non-discrimina- commissioners, city council members, and ous felony crimes was father absent house- tion trumps morality, then it’s time to dis- other people around the world; holds. associate from such bad company. Whereas the Birmingham Pledge has Everything else, like drugs and alcohol, was The SPEAKER pro tempore. The achieved national and international recogni- secondary to the absent father problem. question is on the motion offered by tion; So many young boys are growing up today the gentleman from Arkansas (Mr. Whereas efforts to obtain signatories to without good male role models. HUTCHINSON) that the House suspend the Birmingham Pledge are being organized We need the Boy Scouts today more than the rules and pass the bill, H.R. 4892. and conducted in communities around the world; ever before. The question was taken. This is a time when we should be doing Mr. HUTCHINSON. Mr. Speaker, on Whereas every Birmingham Pledge signed that I demand the yeas and nays. and returned to Birmingham is recorded at more for the Boy Scouts, not trying to harass the Birmingham Civil Rights Institute as a and intimidate them. The yeas and nays were ordered. permanent testament to racial reconcili- We definitely should not be taking the intol- The SPEAKER pro tempore. Pursu- ation, peace, and harmony; and erant, bigoted, ``politically-correct'' position of ant to clause 8 of rule XX and the Whereas the Birmingham Pledge, the this legislation. Chair’s prior announcement, further motto for which is ‘‘Sign It, Live It’’, is a If this is still a free country, then the Boy proceedings on this motion will be powerful tool to facilitate dialogue on the Scouts should be free to operate as it has postponed. Nation’s diversity and the need for people to without being discriminated against as this leg- f take personal steps to achieve racial har- islation would do. mony and tolerance in communities: Now, therefore, be it I urge all my colleagues to oppose this bill RECOGNIZING CONTRIBUTIONS OF and support the Boy Scouts. THE BIRMINGHAM PLEDGE Resolved by the Senate and House of Rep- resentatives of the United States of America in Mr. PAUL. Mr. Speaker, today, we find our- Mr. BACHUS. Mr. Speaker, I move to Congress assembled, That— selves debating an intolerance-laden bill ad- suspend the rules and pass the joint (1) the Congress— vanced by those who will claim to be the ``tol- resolution (H.J. Res. 102) recognizing (A) recognizes that the pledge popularly erant'' ones. What the bill's proponents are that the Birmingham Pledge has made known as the Birmingham Pledge has made

VerDate 12-SEP-2000 07:05 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.124 pfrm02 PsN: H12PT1 H7456 CONGRESSIONAL RECORD — HOUSE September 12, 2000 a significant contribution in fostering racial including Jim Rotch, who authored the as well as the lives of others and to harmony and reconciliation in the United pledge, and those who have signed it. It treat all persons with respect. States and around the world; and expresses the sense of Congress that a The gentleman from Alabama (Mr. (B) commends the people involved with the National Birmingham Pledge Week BACHUS) and I proposed this resolution creation of the Birmingham Pledge and sig- together, bringing to this Nation the natories to the pledge for the steps they are should be established. taking to make the Nation and the world a Mr. Speaker, I reserve the balance of rich heritage that we represent in Bir- better place for all people; and my time. mingham, Alabama. I would say it has (2) it is the sense of the Congress that a Mr. CONYERS. Mr. Speaker, I yield been in the center of the struggle for National Birmingham Pledge Week should be myself such time as I may consume. American freedom. It was here that our established. Mr. Speaker, first of all, I think it is citizens fought nonviolently the vio- The SPEAKER pro tempore. Pursu- appropriate to commend the gentleman lent, racist, hate-mongering police ant to the rule, the gentleman from from Alabama (Mr. HILLIARD), with commissioner Eugene ‘‘Bull’’ Connor Alabama (Mr. BACHUS) and the gen- whom I have worked very closely in and won. The remnants of that racism tleman from Michigan (Mr. CONYERS) the Congressional Black Caucus, and has impacted our society for far too each will control 20 minutes. the gentleman from Alabama (Mr. long. Now is the time to change the so- The Chair recognizes the gentleman BACHUS), with whom I have worked cial condition for all citizens and bring from Alabama (Mr. BACHUS). very closely on the House Committee new life to the American dream. GENERAL LEAVE on the Judiciary on a number of meas- It was here in Birmingham, Alabama, 16 years later that Birmingham elected Mr. BACHUS. Mr. Speaker, I ask ures. its first black mayor who recently re- unanimous consent that all Members This is a unique, ingenious way that tired after 20 years of leading our city may have 5 legislative days within continues the ability of America to from hate, racism, poverty, and unem- which to revise and extend their re- help recognize that racial prejudice is ployment into becoming one of the marks and include extraneous material something that we still can deal with leading citizens in America in human on H.J. Res. 102. in many creative, small ways. So relations. Birmingham has developed The SPEAKER pro tempore. Is there House Joint Resolution 102 recognized and sustained an economy which in- objection to the request of the gen- that this ingenious notion, the Bir- cludes many more people than ever be- tleman from Alabama? mingham Pledge, can make an impor- fore. We have one of the lowest unem- There was no objection. tant contribution in fostering and pro- ployment rates in the Nation. But it Mr. BACHUS. Mr. Speaker, I yield moting racial equality. It is a symbol also has changed in terms of its human myself such time as I may consume. of how far we have come and how far relations factors, and it is a positive Mr. Speaker, this week Birmingham, we have to go in the struggle for civil one. It is one that we wish to share Alabama, is hosting an MSNBC and rights equality for all Americans. Because Birmingham, Alabama, oc- with all Americans. Newsweek Magazine National Con- Even with our great history, people ference on Race Relations. One of the cupies a unique and important place in the history of civil rights in America, in Birmingham forget how we got highlights of this conference is the Bir- where we are today; and because of mingham Pledge movement. for these two Members from the State of Alabama to come forward where we that, the loss of our understanding of The Birmingham Pledge is a personal this exodus is destructive. We need to commitment to work to eliminate ra- have had in the past the images of po- lice dogs, fire hoses, racial strife, Dr. find out where we have been. We need cial division in America and around the to remember in order to realize where King’s letter from a Birmingham jail, world. Those who sign the Pledge make we must go. all makes it so important that from a personal promise to treat all individ- This pledge can renew our memories uals with dignity and respect. More Alabama and now from around the Na- and renew our commitment to a world than 70,000 people from every inhabited tion, signatures are pouring in. I un- without the kind of hate which has, for continent on the globe have signed the derstand that more than 60,000 have so long, ripped out the heart of our city Birmingham Pledge. Every signed taken place already, and that Presi- and our Nation. I cannot tell my col- Pledge is returned to Birmingham and dent Clinton and the First Lady have leagues how strongly I recommend this recorded at the Civil Rights Institute all been signatories. resolution to all of us to sign, and I as a permanent testament to racial So, Mr. Speaker, I think it is impor- call upon all of us to support it today, reconciliation, peace and harmony. tant as I conclude that if we pledge our by our votes; but I also ask each one of Mr. Speaker, along with my col- belief today that every thought and my colleagues to seek signatures from league, the gentleman from Alabama every act of racial prejudice is harm- their constituents and, most impor- (Mr. HILLIARD), both of us being na- ful, then we should let our actions tantly, to live the pledge. tives of Birmingham, Alabama, we in- speak louder than our words and pass a Mr. Speaker, I reserve the balance of troduced this resolution on June 14, hate crimes legislation bill that has my time. 2000. This resolution has the support of come from the Committee on the Judi- Mr. BACHUS. Mr. Speaker, I yield 107 cosponsors, a bipartisan group of ciary. myself such time as I may consume. Members of the House. Mr. Speaker, I reserve the balance of In considering this resolution, we The resolution recognizes that per- my time, and I ask unanimous consent should all keep in mind one thing: we sonal efforts, the efforts of individuals, that the gentleman from Alabama (Mr. are not born with prejudice or bigotry. do matter, and do make a difference in HILLIARD) be the manager of this bill These are things that are learned. In addressing racial intolerance and do from this point forward. fact, psychologists call it learned be- contribute significantly in fostering ra- The SPEAKER pro tempore (Mr. havior. By word or by action, we teach cial harmony. ISAKSON). Is there objection to the re- our children daily. We teach them ei- quest of the gentleman from Michigan? ther to be tolerant or to be intolerant, b 2100 There was no objection. to have prejudice or bias against people As we speak, MSNBC is conducting a Mr. HILLIARD. Mr. Speaker, I yield because of their race, or origin, or not televised live town hall meeting on myself such time as I may consume. to be. We teach them these things race relations from the historic 16th Mr. Speaker, I rise to call upon Con- many times even before they are old Street Baptist Church in Birmingham. gress to pass this resolution recog- enough to choose for themselves. We Newsweek Magazine this week printed nizing the Birmingham Pledge. The can teach our children to love, or we a special issue on diversity in America Birmingham Pledge is an effort of the can teach our children to hate. Intoler- to coincide with the Birmingham Sum- Birmingham community to recognize ance is learned. Therefore, it can be un- mit. the dignity and worth of every indi- learned. The pledge can be a part of The resolution before us recognizes vidual and to share with the world our that process. that the Birmingham Pledge is making community’s commitment to eliminate This is the message we will send to a significant contribution in fostering racial prejudice in the lives of all peo- Americans today about race relations. racial harmony. It commends those in- ple. It is a personal daily commitment Each of us needs to take personal re- volved with the creation of the pledge, to remove prejudice from our own lives sponsibility to conduct ourselves in a

VerDate 11-MAY-2000 05:53 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.114 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7457 way that will achieve greater racial the concurrent resolution (H. Con. Res. the first World War, they participated harmony in our own communities. It 327) honoring the service and sacrifice in not only that War of 1812, but also has been said that events in Bir- during periods of war by members of the Civil War, the Spanish American mingham during the early 1960s, and the United States merchant marine. War, and delivered doughboys to Eu- my colleague referred to many of The Clerk read as follows: rope and their supplies to go with those, stirred the conscience of the Na- H. CON. RES. 327 them. tion and influenced the course of civil Whereas throughout the history of the In 1936, the Merchant Marine Act was rights around the world. United States, the United States merchant passed by Congress which established I know of no city that has worked marine has served the Nation during periods the United States merchant marine ‘‘as harder to overcome its missteps and its of war; a naval or military auxiliary in time of mistakes than my native city, Bir- Whereas vessels of the United States mer- war or national emergency.’’ From 1941 mingham. The Birmingham that has chant marine fleet, such as the S.S. LANE to 1946, during World War II, merchant emerged is one built upon a foundation VICTORY, provided critical logistical sup- marines took part in all invasions. port to the Armed Forces by carrying equip- of racial sensitivity and strength and ment, supplies, and personnel necessary to Merchant marine casualties were the diversity. Today’s Birmingham is dedi- maintain war efforts; highest in any service: 1 in 29. One in 29 cated not only to preserving the his- Whereas numerous members of the United people that served became a casualty. tory of its struggle, but, more impor- States merchant marine have died to secure Statistics were so important in keep- tantly, to ending racial intolerance, peace and freedom; and ing track of the losses that during bigotry and prejudice, not only in Bir- Whereas at a time when the people of the World War II we kept secret merchant mingham, but around the world. United States are recognizing the contribu- marine losses because in some weeks Mr. Speaker, by passing House Reso- tions of the Armed Forces and civilian per- we were losing over 30 vessels a week lution 102, the House will show its sup- sonnel to the national security, it is appro- being sunk, between ours and allied priate to recognize the service of the United port for this commendable effort. In States merchant marine: Now, therefore, be forces around the world, and we would closing, I urge all of my colleagues to it never be able to report that and still support this resolution. Resolved by the House of Representatives (the have men sign up to be a merchant sea- Mr. Speaker, I reserve the balance of Senate concurring), That the Congress— man. By 1946, allied leaders planning my time. (1) honors the service and sacrifice during the invasions of Japan had the mer- Mr. HILLIARD. Mr. Speaker, I yield periods of war by members of the United chant marine assigned a critical role in myself such time as I may consume. States merchant marine; order to move millions of men and I would like to recite the Bir- (2) recognizes the critical role played by their material. mingham Pledge: vessels of the United States merchant ma- Again, the merchant marine after the rine fleet, such as the S.S. LANE VICTORY, I believe that every person has worth as an in transporting equipment, supplies, and per- war, World War II, came out in the Ko- individual. sonnel necessary to support war efforts; and rean War and they supported that oper- I believe that every person is entitled to (3) encourages— ation. They supported the Vietnam dignity and our respect, regardless of race or (A) the American people, through appro- War in 1961 to 1973; and today they color. I believe that every thought and every act priate ceremonies and activities, to recog- serve, even today, supplying troops in of racial prejudice is harmful; if it is my nize and commemorate the service and sac- Bosnia as well as our earlier conflicts thought or act, then it is harmful to me as rifices of the United States merchant ma- in the 1990s, the Persian Gulf War. well as to others. rine; and Merchant marines provide a service Therefore, from this day forward I will (B) all government agencies to take appro- which is critical to every war effort. To strive daily to eliminate racial prejudice priate steps to commemorate the United tell my colleagues how critical it is, in States merchant marine. from my thoughts and actions. World War II, the average soldier, de- I will discourage racial prejudice by others The SPEAKER pro tempore. Pursu- pending upon his job, required some- at every opportunity. ant to the rule, the gentleman from I will treat all people with dignity and re- where between seven and 15 tons of ma- California (Mr. KUYKENDALL) and the spect; and I will strive daily to honor this terial to supply them for 1 year. One pledge, knowing that the world will be a bet- gentleman from Mississippi (Mr. TAY- soldier for 1 year, seven to 15 tons. ter place because of my effort. LOR) each will control 20 minutes. That does not get delivered by air- The Chair recognizes the gentleman Mr. Speaker, this is the Birmingham planes; it gets delivered by ships all from California (Mr. KUYKENDALL). Pledge. I urge my colleagues to sign it, over the world. In fact, on average, in to vote for it, and to live it. GENERAL LEAVE 1945, every hour there were 17 million Mr. Speaker, I yield back the balance Mr. KUYKENDALL. Mr. Speaker, I pounds of cargo being delivered by the of my time. ask unanimous consent that all Mem- merchant marine in support of our war Mr. BACHUS. Mr. Speaker, I join my bers may have 5 legislative days within effort. colleague from Birmingham in inviting which to revise and extend their re- In 1965, skipping ahead now to Viet- all Members not only to support this marks on the resolution under consid- nam, we had 300 freighters and tankers resolution, but to support this pledge eration. supplying the United States military and to live this pledge on a daily basis. The SPEAKER pro tempore. Is there efforts, and on average, on average, we Mr. Speaker, I have no further re- objection to the request of the gen- had 75 ships and over 3,000 merchant quests for time, and I yield back the tleman from California? mariners in Vietnamese ports at any balance of my time. There was no objection. given time. Da Nang Harbor was the The SPEAKER pro tempore. The Mr. KUYKENDALL. Mr. Speaker, I home of the Marine Amphibious Force question is on the motion offered by yield myself such time as I may con- Logistic Command, and in support of the gentleman from Alabama (Mr. sume. 81,000 Marines in Vietnam, that com- The merchant marines have served BACHUS) that the House suspend the mand brought 96 percent of the war this country since the birth of our Na- rules and pass the joint resolution, H.J. material needed for the Marine forces tion. Many people do not think of that. Res. 102. there. The question was taken; and (two- They are most frequently remembered b thirds having voted in favor thereof) as the World War II veterans because of 2115 the rules were suspended and the joint the great significance they played in That included everything from tanks resolution was passed. that conflict. However, beginning as to food. A motion to reconsider was laid on early as 1775, the merchant marine was Merchant marines have served as ci- the table. actually the first military force we vilians, but routinely go in harm’s way f used to defeat the British Navy with. in the conduct of their service. Here I During that time period, they became am going to quote from B.D. Hammer HONORING THE SERVICE AND SAC- our first Navy: merchant vessels with in an article he wrote in the New York RIFICE OF THE UNITED STATES guns on them. They brought critical Daily News on May 20, talking about MERCHANT MARINE supplies to fight for our independence. war heroes in the merchant marines: Mr. KUYKENDALL. Mr. Speaker, I If we go on to the next century in the All volunteers, these seafarers came from move to suspend the rules and agree to 1800s, between 1812, the War of 1812, and every vocation, level of education, ethnicity,

VerDate 12-SEP-2000 06:51 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.190 pfrm02 PsN: H12PT1 H7458 CONGRESSIONAL RECORD — HOUSE September 12, 2000 and faith. Some were teens, and some were the British Navy during the Revolu- Mr. Speaker, having read the re- senior citizens. Many were deemed unfit for tionary War. Highly outnumbered, marks of the gentleman from Guam military service. Yet the merchant marine these brave seamen contributed to the (Mr. UNDERWOOD), I would also say that traveled across the oceans of the world, often the best way we can honor our mer- without proper protection, to every battle- very birth and founding of our Republic front, every invasion of a beachhead that by preying on the vast arsenal of Brit- chant marines is to continue to have a this Nation called it to. ish enemy ships and carrying critical strong American merchant marine. Again, one in 29 mariners who served supplies to assist in America’s battle The way we can do that is to continue aboard merchant ships in World War II for independence. to protect the Jones Act, continue to died in the line of duty. Some of those Since 1775, the merchant marines emphasize American shipbuilding, and casualties: There were 8,651 mariners have served our country in all wars up to continue to, when possible, give pri- killed in World War II, U.S. mariners. to the Persian Gulf War. Whether car- ority to American-made products that One hundred forty-two of those were rying imports or exports during peace- help in our national defense. cadets from the U.S. Merchant Marine time, or serving as naval auxiliary dur- I want to thank the gentleman from Academy. They were college kids. We ing wartime delivering troops and war California (Mr. KUYKENDALL) for doing all nominate people to the U.S. Mer- material, the merchant marine pro- this. Again, I want to apologize for the chant Marine Academy, and that acad- vides an essential service to the well- absence of the gentleman from Guam emy is the only service academy, of the being of our Nation. (Mr. UNDERWOOD), but there was a fam- five that we have, that is authorized to Long called our Nation’s fourth arm ily emergency. Mr. Speaker, I yield back the balance carry a battle standard. They sent ca- of defense, the merchant marines have always answered the call to duty. Dur- of my time. dets to go fight the war. Mr. KUYKENDALL. Mr. Speaker, I We had 11,000 wounded, 1,100 more ing World War II, the merchant marine yield myself such time as I may con- died of wounds ashore, and 604 men and was responsible for delivering not only sume. women were taken prisoner while serv- our troops, but 95 percent of the sup- Mr. Speaker, we are entering an era ing as merchant marines. Sixty of plies that our military forces needed to of great peace which we have been in them died in prison camp. We have defeat our enemies in both Europe and for the last few years, and we have a about 500 more Americans who died in in the Pacific. These merchant seamen large contingent of our veterans, in service while serving on allied vessels, were at constant risk of having their this case merchant marines, who have 500 more. We had people die in the ship sunk by enemy submarines. never been properly recognized. Their Vietnam War serving in the merchant As a result of their bravery, the mer- job was secret, in many cases, particu- marine, and many more injured due to chant marines had higher casualty per- larly the loss of their lives and the actions around them. centages than any branch of the Armed ships they sailed in during World War As a nation, we must remain com- Forces. During World War II, one in II, so the important role they played mitted to maintaining a strong mer- every 29 mariners perished. Eight thou- was even more removed from the pub- chant marine. It is the greatest insur- sand, six hundred 51 mariners were lic. ance we will have that we will always killed at sea, and an additional 11,000 Now, as they in great numbers begin be able to deliver our men and materiel wounded. to fade away, their importance has by wherever in the world they are needed. Due to the security and intelligence no means faded. We still need that mer- We need a strong Merchant Marine concerns surrounding our war effort, chant fleet. We still need merchant Academy to train them, we need a merchant marine ship casualties were seamen trained to run civilian ships to strong shipbuilding industry to build constantly underestimated. Unfortu- haul our materiel wherever it needs to their vessels, and we need to recognize nately, this resulted in inadvertently be hauled in support of our Nation’s ac- the service of those who gave their denying the American people the tivities. lives in times of war. knowledge of the sacrifices and accom- Part of the greatness of a nation is The merchant marines have been plishments of the merchant marines. how we recognize those who give of part of America’s history since we be- Unknown to many Americans, these themselves in its defense and in its came a nation. They are most fre- courageous seamen suffered incredible pursuits around the world. In this case, quently remembered for World War II losses in moving heavy equipment, this group has been overlooked too action because of the publicity of that troops, arms, ammunition, and fuel long, and it should be recognized. event. Today, we have a few remaining across thousands of miles of hostile I urge my colleagues to vote yes to even from that war, and we should seek seas. recognize the merchant marines for even more recognition as they gradu- Today, House Concurrent Resolution their actions from the inception of our ally pass on. 327 will finally honor their dedication Nation to today. I urge the passage of this resolution, and sacrifice by recognizing their utter Mr. BUYER. Mr. Speaker, I rise today as a Mr. Speaker, and I reserve the balance devotion to duty. co-sponsor of H. Con. Res. 327 and as one of my time. Congress has acted in the past re- who appreciates the vital contribution that Mr. TAYLOR of Mississippi. Mr. merchant mariners have made to the security Speaker, I yield myself such time as I garding the merchant marine. The Merchant Marine Act of 1936 officially and well-being of our sea-faring nation. may consume. Since 1775, the Merchant Marine has linked established the merchant marine as a Mr. Speaker, I am a fill-in tonight for the United States in commerce with trading naval or military auxiliary in time of our ranking member, the gentleman partners all over the world. In wartime, mer- from Guam (Mr. UNDERWOOD), who was war or national security. Furthermore, chant seamen have served with valor and dis- called away because of a family emer- in 1988, merchant marines who sailed tinction. During World War II, 6,000 merchant gency, so the words I am going to read on ocean-going vessels from December mariners, including 142 Kings Point cadets, tonight are his, not mine. 7, 1941, through August 15 of 1945 were made the ultimate sacrifice. Despite this ter- Mr. Speaker, I rise today in strong granted veteran status. rible cost, the Merchant Marine never faltered support of House Concurrent Resolu- Today the men and women of the in its mission. tion 327, a resolution which would merchant marine continue to serve Today's merchant mariners continue their honor and recognize our merchant ma- with honor. As Members of Congress, predecessors' legacy of dedication and patriot- rines. we need to continue to educate the ism. Many of these great Americans begin I would first like to thank the gen- American people about the importance their careers at the U.S. Merchant Marine tleman from California (Mr. and the achievements of the merchant Academy in Kings Point, New York. KUYKENDALL) for introducing this im- marine. House Concurrent Resolution Since 1938, Kings Point has prepared ca- portant resolution. I am a proud co- 327 serves this purpose. dets to serve as officers in the Merchant Ma- sponsor of this legislation, which seeks I urge all Members to support this rine. Recognized as leaders in the maritime in- to ensure that our merchant marines important legislation in an effort to dustry, Kings Point graduates represent every receive the recognition that they long ensure that our merchant marines re- state and territory in the union. Rear Admiral deserve. ceive the recognition and honor they Joe Stewart and his staff are to be com- The merchant marines, our first deserve for sacrificing so much to our mended for continuing the tradition of excel- Navy, were instrumental in defeating Nation. lence at Kings Point.

VerDate 12-SEP-2000 06:51 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00084 Fmt 4634 Sfmt 9920 E:\CR\FM\K12SE7.194 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7459 After World War II, President Franklin D. ‘‘PART B—WILLIAM F. GOODLING EVEN (b)(2), the amount of such remainder or Roosevelt said, ``Mariners have . . . delivered START FAMILY LITERACY PROGRAMS’’. $1,000,000, whichever is less, to award the goods when and where needed . . . (b) STATEMENT OF PURPOSE.—Section 1201 grants,’’; and of the Elementary and Secondary Education (2) by adding at the end ‘‘No State may re- across every ocean in the . . . most difficult ceive more than one grant under this sub- and dangerous job ever undertaken.'' I urge Act of 1965 (20 U.S.C. 6361) is amended— (1) in paragraph (1), by inserting ‘‘high section.’’. my colleagues to honor the contribution of the quality’’ after ‘‘build on’’; and (e) ALLOCATIONS.—Section 1202(d)(2) of the Merchant Marine by voting ``yes'' on H. Con. (2) by amending paragraph (2) to read as Elementary and Secondary Education Act of Res. 327. follows: 1965 (20 U.S.C. 6362(d)(2)) is amended by strik- Mr. KUYKENDALL. Mr. Speaker, I ‘‘(2) promote the academic achievement of ing ‘‘that section’’ and inserting ‘‘that part’’. (f) DEFINITIONS.—Section 1202(e) of the Ele- children and adults;’’; yield back the balance of my time. mentary and Secondary Education Act of The SPEAKER pro tempore (Mr. (3) by striking the period at the end of 1965 (20 U.S.C. 6362(e)) is amended— PEASE). The question is on the motion paragraph (3) and inserting ‘‘; and’’; and (1) in paragraph (1)(B), by striking ‘‘or’’ offered by the gentleman from Cali- (4) by adding at the end the following: after ‘‘higher education,’’ and inserting ‘‘a ‘‘(4) use instructional programs based on fornia (Mr. KUYKENDALL) that the religious organization, or’’; and scientifically based reading research (as de- House suspend the rules and agree to (2) in paragraph (2), by striking ‘‘nonprofit fined in section 2252) and the prevention of organization’’ and inserting ‘‘nonprofit orga- the concurrent resolution, House Con- reading difficulties for children and, to the current Resolution 327. nization, including a religious organiza- extent such research is available, scientif- tion,’’. The question was taken. ically based reading research (as so defined) (g) SUBGRANTS FOR LOCAL PROGRAMS.—Sec- Mr. KUYKENDALL. Mr. Speaker, on for adults.’’. tion 1203(b)(2) of the Elementary and Sec- that I demand the yeas and nays. (c) PROGRAM AUTHORIZED.— ondary Education Act of 1965 (20 U.S.C. The yeas and nays were ordered. (1) RESERVATION FOR MIGRANT PROGRAMS, 6363(b)(2)) is amended to read as follows: The SPEAKER pro tempore. Pursu- OUTLYING AREAS, AND INDIAN TRIBES.—Section ‘‘(2) MINIMUM SUBGRANT AMOUNTS.— 1202(a) of the Elementary and Secondary ‘‘(A) IN GENERAL.—Except as provided in ant to clause 8 of rule XX and the Education Act of 1965 (20 U.S.C. 6362(a)) is Chair’s prior announcement, further subparagraphs (B) and (C), no State shall amended— award a subgrant under paragraph (1) in an proceedings on this motion will be (A) in paragraph (1), in the matter pre- amount less than $75,000. postponed. ceding subparagraph (A), by inserting ‘‘(or, if ‘‘(B) SUBGRANTEES IN NINTH AND SUC- f such appropriated amount exceeds CEEDING YEARS.—No State shall award a $200,000,000, 6 percent of such amount)’’ after subgrant under paragraph (1) in an amount LITERACY INVOLVES FAMILIES ‘‘1002(b)’’; less than $52,500 to an eligible entity for a TOGETHER ACT (B) in paragraph (2), by striking ‘‘If the fiscal year to carry out an Even Start pro- amount of funds made available under this Mr. GOODLING. Mr. Speaker, I move gram that is receiving assistance under this subsection exceeds $4,600,000,’’ and inserting part or its predecessor authority for the to suspend the rules and pass the bill ‘‘After the date of the enactment of the Lit- ninth (or any subsequent) fiscal year. (H.R. 3222) to amend the Elementary eracy Involves Families Together Act,’’; and ‘‘(C) EXCEPTION FOR SINGLE SUBGRANT.—A and Secondary Education Act of 1965 to (C) by adding at the end the following: State may award one subgrant in each fiscal improve literacy through family lit- ‘‘(3) COORDINATION OF PROGRAMS FOR AMER- year of sufficient size, scope, and quality to eracy projects, as amended. ICAN INDIANS.—The Secretary shall ensure be effective in an amount less than $75,000 if, The Clerk read as follows: that programs under paragraph (1)(C) are co- after awarding subgrants under paragraph (1) ordinated with family literacy programs op- for such fiscal year in accordance with sub- H.R. 3222 erated by the Bureau of Indian Affairs in paragraphs (A) and (B), less than $75,000 is Be it enacted by the Senate and House of Rep- order to avoid duplication and to encourage available to the State to award such sub- resentatives of the United States of America in the dissemination of information on high grants.’’. Congress assembled, quality family literacy programs serving (h) USES OF FUNDS.—Section 1204 of the El- SECTION 1. SHORT TITLE. American Indians.’’. ementary and Secondary Education Act of This Act may be cited as the ‘‘Literacy In- (2) RESERVATION FOR FEDERAL ACTIVITIES.— 1965 (20 U.S.C. 6364) is amended— volves Families Together Act’’. Section 1202(b) of the Elementary and Sec- (1) in subsection (a), by striking ‘‘family- ondary Education Act of 1965 (20 U.S.C. TITLE I—FAMILY LITERACY centered education programs’’ and inserting 6362(b)) is amended to read as follows: ‘‘family literacy services’’; and SEC. 101. AUTHORIZATION OF APPROPRIATIONS. ‘‘(b) RESERVATION FOR FEDERAL ACTIVI- (2) by adding at the end the following: Section 1002(b) of the Elementary and Sec- TIES.— ‘‘(c) USE OF FUNDS FOR FAMILY LITERACY ondary Education Act of 1965 (20 U.S.C. ‘‘(1) EVALUATION, TECHNICAL ASSISTANCE, SERVICES.— 6302(b)) is amended by striking ‘‘$118,000,000 PROGRAM IMPROVEMENT, AND REPLICATION AC- ‘‘(1) IN GENERAL.—States may use a portion for fiscal year 1995 and such sums as may be TIVITIES.—From amounts appropriated under of funds received under this part to assist el- necessary for each of the four succeeding fis- section 1002(b), the Secretary may reserve igible entities receiving a subgrant under cal years.’’ and inserting ‘‘$250,000,000 for fis- not more than 3 percent of such amounts for section 1203(b) in improving the quality of cal year 2001.’’. purposes of— family literacy services provided under Even SEC. 102. IMPROVING BASIC PROGRAMS OPER- ‘‘(A) carrying out the evaluation required Start programs under this part, except that ATED BY LOCAL EDUCATIONAL by section 1209; and in no case may a State’s use of funds for this AGENCIES. ‘‘(B) providing, through grants or con- purpose for a fiscal year result in a decrease Section 1111(c) of the Elementary and Sec- tracts with eligible organizations, technical from the level of activities and services pro- ondary Education Act of 1965 (20 U.S.C. assistance, program improvement, and rep- vided to program participants in the pre- 6311(c)) is amended— lication activities. ceding year. (1) in paragraph (5), by striking ‘‘and’’ at ‘‘(2) RESEARCH.—In the case of fiscal years ‘‘(2) PRIORITY.—In carrying out paragraph the end; 2001 through 2004, if the amounts appro- (1), a State shall give priority to programs (2) in paragraph (6), by striking the period priated under section 1002(b) for any of such that were of low quality, as evaluated based at the end and inserting ‘‘; and’’; and years exceed such amounts appropriated for on the indicators of program quality devel- (3) by adding at the end the following: the preceding fiscal year, the Secretary shall oped by the State under section 1210. ‘‘(7) the State educational agency will en- reserve from such excess amount $2,000,000 or ‘‘(3) TECHNICAL ASSISTANCE TO HELP LOCAL courage local educational agencies and indi- 50 percent, whichever is less, to carry out PROGRAMS RAISE ADDITIONAL FUNDS.—In car- vidual schools participating in a program as- section 1211(b).’’. rying out paragraph (1), a State may use the sisted under this part to offer family literacy (d) RESERVATION FOR GRANTS.—Section funds referred to in such paragraph to pro- services (using funds under this part), if the 1202(c)(1) of the Elementary and Secondary vide technical assistance to help local pro- agency or school determines that a substan- Education Act of 1965 (20 U.S.C. 6362(c)(1)) is grams of demonstrated effectiveness to ac- tial number of students served under this amended— cess and leverage additional funds for the part by the agency or school have parents (1) by striking ‘‘From funds reserved under purpose of expanding services and reducing who do not have a high school diploma or its section 2260(b)(3), the Secretary shall award waiting lists. recognized equivalent or who have low levels grants,’’ and inserting ‘‘For any fiscal year ‘‘(4) TECHNICAL ASSISTANCE AND TRAINING.— of literacy.’’. for which at least one State applies and Assistance under paragraph (1) shall be in SEC. 103. EVEN START FAMILY LITERACY PRO- qualifies and for which the amount appro- the form of technical assistance and train- GRAMS. priated under section 1002(b) exceeds the ing, provided by a State through a grant, (a) PART HEADING.—The part heading for amount appropriated under such section for contract, or cooperative agreement with an part B of title I of the Elementary and Sec- the preceding fiscal year, the Secretary shall entity that has experience in offering high ondary Education Act of 1965 (20 U.S.C. 6361 reserve, from the amount of such excess re- quality training and technical assistance to et seq.) is amended to read as follows: maining after the application of subsection family literacy providers.’’.

VerDate 11-MAY-2000 05:53 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.118 pfrm02 PsN: H12PT1 H7460 CONGRESSIONAL RECORD — HOUSE September 12, 2000

(i) PROGRAM ELEMENTS.—Section 1205 of (1) in paragraph (1)— ‘‘(A) is scientifically based reading re- the Elementary and Secondary Education (A) in the matter preceding subparagraph search (as defined in section 2252); and Act of 1965 (20 U.S.C. 6365) is amended— (A), by inserting ‘‘and continuous improve- ‘‘(B) determines— (1) by redesignating paragraphs (9) and (10) ment’’ after ‘‘plan of operation’’; ‘‘(i) the most effective ways of improving as paragraphs (13) and (14), respectively; (B) in subparagraph (A), by striking the literacy skills of adults with reading dif- (2) by redesignating paragraphs (5) through ‘‘goals;’’ and inserting ‘‘objectives, strategies ficulties; and (8) as paragraphs (6) through (9), respec- to meet such objectives, and how they are ‘‘(ii) how family literacy services can best tively; consistent with the program indicators es- provide parents with the knowledge and (3) by inserting after paragraph (4) the fol- tablished by the State;’’; skills they need to support their children’s lowing: (C) in subparagraph (E), by striking ‘‘and’’ literacy development. ‘‘(5) with respect to the qualifications of at the end; ‘‘(2) USE OF EXPERT ENTITY.—The National staff the cost of whose salaries are paid, in (D) in subparagraph (F)— Institute for Literacy shall carry out the re- whole or in part, with Federal funds provided (i) by striking ‘‘Act, the Goals 2000: Edu- search under paragraph (1) through an enti- under this part, ensure that— cate America Act,’’ and inserting ‘‘Act’’; and ty, including a Federal agency, that has ex- ‘‘(A) not later than 4 years after the date of (ii) by striking the period at the end and pertise in carrying out longitudinal studies the enactment of the Literacy Involves Fam- inserting ‘‘; and’’; and of the development of literacy skills in chil- ilies Together Act— (E) by adding at the end the following: dren and has developed effective interven- ‘‘(i) a majority of the individuals providing ‘‘(G) a description of how the plan provides tions to help children with reading difficul- academic instruction— for rigorous and objective evaluation of ties.’’. ‘‘(I) shall have obtained an associate’s, progress toward the program objectives de- (n) TREATMENT OF RELIGIOUS ORGANIZA- bachelor’s, or graduate degree in a field re- scribed in subparagraph (A) and for con- TIONS.—Part B of title I of the Elementary lated to early childhood education, elemen- tinuing use of evaluation data for program and Secondary Education Act of 1965 (20 tary school education, or adult education; or improvement.’’; and U.S.C. 6361 et seq.) is amended by adding at ‘‘(II) shall meet qualifications established (2) in paragraph (2), in the matter pre- the end the following: by the State for early childhood education, ceding subparagraph (A), by striking ‘‘(1)(A)’’ ‘‘SEC. 1213. RELIGIOUS ORGANIZATIONS. elementary school education, or adult edu- and inserting ‘‘(1)’’. cation provided as part of an Even Start pro- ‘‘(a) RELIGIOUS ORGANIZATIONS INCLUDED AS (l) AWARD OF SUBGRANTS.—Section 1208 of gram or another family literacy program; PARTNERSHIP PARTICIPANTS.—In carrying out the Elementary and Secondary Education ‘‘(ii) the individual responsible for admin- this part, the Secretary, and any grantee or Act of 1965 (20 U.S.C. 6368) is amended— istration of family literacy services under subgrantee receiving assistance under this (1) in subsection (a)— this part has received training in the oper- part, shall treat religious organizations the (A) in paragraph (1)(B)— ation of a family literacy program; and same as other nongovernmental organiza- (i) by striking ‘‘including a high’’ and in- ‘‘(iii) paraprofessionals who provide sup- tions, so long as this part is implemented in serting ‘‘such as a high’’; and port for academic instruction have a high a manner consistent with the Establishment (ii) by striking ‘‘part A;’’ and inserting school diploma or its recognized equivalent; Clause and the Free Exercise Clause of the ‘‘part A, a high number or percentage of par- and first amendment to the Constitution. The ents who have been victims of domestic vio- ‘‘(B) beginning on the date of the enact- Secretary, and any grantee or subgrantee re- lence, or a high number or percentage of par- ment of the Literacy Involves Families To- ceiving assistance under this part, shall not ents who are receiving assistance under a gether Act, all new personnel hired to pro- discriminate against an organization that State program funded under part A of title vide academic instruction— participates in a partnership that is an eligi- IV of the Social Security Act (42 U.S.C. 601 ‘‘(i) have obtained an associate’s, bach- ble entity receiving assistance under this et seq.);’’; elor’s, or graduate degree in a field related to part, or an organization that participates in (B) in paragraph (1)(F), by striking ‘‘Fed- early childhood education, elementary a partnership that is applying to receive eral’’ and inserting ‘‘non-Federal’’; school education, or adult education; or such assistance, on the basis that the organi- (C) in paragraph (1)(H), by inserting ‘‘fam- ‘‘(ii) meet qualifications established by the zation has a religious character. ily literacy projects and other’’ before ‘‘local State for early childhood education, elemen- ‘‘(b) RELIGIOUS CHARACTER AND INDEPEND- educational agencies’’; and tary school education, or adult education ENCE.— (D) in paragraph (3), in the matter pre- provided as part of an Even Start program or ‘‘(1) IN GENERAL.—A religious organization ceding subparagraph (A), by striking ‘‘one or another family literacy program;’’; that participates in a partnership that is an more of the following individuals:’’ and in- (4) by inserting after paragraph (9) (as so eligible entity receiving assistance under serting ‘‘one individual with expertise in redesignated by paragraph (2)) the following: this part, or that participates in a partner- family literacy programs, and may include ‘‘(10) use instructional programs based on ship that is applying to receive such assist- other individuals, such as one or more of the scientifically based reading research (as de- ance, shall retain its religious character and following:’’; and fined in section 2252) for children and, to the control over the definition, development, (2) in subsection (b)— extent such research is available, for adults; practice, and expression of its religious be- (A) by striking paragraph (3) and inserting ‘‘(11) encourage participating families to liefs. the following: attend regularly and to remain in the pro- ‘‘(2) ADDITIONAL SAFEGUARDS.—Neither the ‘‘(3) CONTINUING ELIGIBILITY.—In awarding gram a sufficient time to meet their pro- Federal Government nor a State or local subgrant funds to continue a program under gram goals; government shall require a religious this part after the first year, the State edu- ‘‘(12) include reading readiness activities organization— cational agency shall review the progress of for preschool children based on scientifically ‘‘(A) to alter its form of internal govern- each eligible entity in meeting the objec- based reading research (as defined in section ance; or tives of the program referred to in section 2252) to ensure children enter school ready to ‘‘(B) to remove religious art, icons, scrip- 1207(c)(1)(A) and shall evaluate the program learn to read;’’; and ture, or other symbols; based on the indicators of program quality (5) in paragraph (14) (as so redesignated), in order to be eligible to participate in a developed by the State under section 1210.’’; by striking ‘‘program.’’ and inserting ‘‘pro- partnership that is an eligible entity receiv- and gram to be used for program improvement.’’. ing assistance under this part or to partici- (j) ELIGIBLE PARTICIPANTS.—Section 1206 of (B) by amending paragraph (5)(B) to read pate in a partnership that is applying to re- the Elementary and Secondary Education as follows: ceive such assistance. Act of 1965 (20 U.S.C. 6366) is amended— ‘‘(B) The Federal share of any subgrant re- ‘‘(3) EMPLOYMENT PRACTICES.—A religious (1) in subsection (a)(1)(B) by striking newed under subparagraph (A) shall be lim- organization’s exemption provided under sec- ‘‘part;’’ and inserting ‘‘part, or who are at- ited in accordance with section 1204(b).’’. tion 702 of the Civil Rights Act of 1964 (42 tending secondary school;’’; and (m) RESEARCH.—Section 1211 of the Ele- U.S.C. 2000e–1) regarding employment prac- (2) in subsection (b), by adding at the end mentary and Secondary Education Act of tices shall not be affected by its participa- the following: 1965 (20 U.S.C. 6369b) is amended— tion in, or receipt of funds from, a program ‘‘(3) CHILDREN 8 YEARS OF AGE OR OLDER.— (1) in subsection (b), by striking ‘‘sub- under this part. If an Even Start program assisted under this section (a)’’ and inserting ‘‘subsections (a) ‘‘(c) LIMITATIONS ON USE OF FUNDS FOR part collaborates with a program under part and (b)’’; CERTAIN PURPOSES.—No funds provided to a A, and funds received under such part A pro- (2) by redesignating subsection (b) as sub- religious organization under this part or sec- gram contribute to paying the cost of pro- section (c); and tion 1002(b) shall be expended for sectarian viding programs under this part to children (3) by inserting after subsection (a) the fol- worship or instruction or proselytization. 8 years of age or older, the Even Start pro- lowing: ‘‘(d) PROHIBITION ON SERVING AS FISCAL gram, notwithstanding subsection (a)(2), ‘‘(b) SCIENTIFICALLY BASED RESEARCH ON AGENT.—A religious organization may not may permit the participation of children 8 FAMILY LITERACY.— serve as a fiscal agent for a partnership that years of age or older.’’. ‘‘(1) IN GENERAL.—From amounts reserved is an eligible entity receiving a subgrant (k) PLAN.—Section 1207(c) of the Elemen- under section 1202(b)(2), the National Insti- under this part. tary and Secondary Education Act of 1965 (20 tute for Literacy shall carry out research ‘‘(e) NONDISCRIMINATION AGAINST BENE- U.S.C. 6367(c)) is amended— that— FICIARIES.—A religious organization shall not

VerDate 11-MAY-2000 05:53 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.113 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7461 discriminate against an individual, in regard and Secondary Education Act of 1965 (20 (1) by redesignating subsections (d) and (e) to rendering services under this part, on the U.S.C. 6362(e)) is amended— as subsections (g) and (h), respectively; basis of religion, a religious belief, or refusal (A) by striking paragraph (3); and (2) by redesignating subsections (a) actively to participate in a religious prac- (B) by redesignating paragraphs (4) and (5) through (c) as subsections (b) through (d), re- tice. as paragraphs (3) and (4), respectively. spectively; and ‘‘(f) FEDERAL FINANCIAL ASSISTANCE.—For (2) READING AND LITERACY GRANTS.—Sec- (3) by inserting after the section heading purposes of any Federal, State, or local law, tion 2252 of the Elementary and Secondary the following: receipt of financial assistance under this Education Act of 1965 (20 U.S.C. 6661a) is ‘‘(a) PURPOSE.—The purpose of this pro- part or section 1002(b) shall constitute re- amended— gram is to establish and implement a model ceipt of Federal financial assistance or aid. (A) by striking paragraph (2); and partnership between a governmental entity ‘‘(g) FISCAL ACCOUNTABILITY.— (B) by redesignating paragraphs (3) and a private entity, to help prepare young ‘‘(1) IN GENERAL.—Except as provided in through (5) as paragraphs (2) through (4), re- children for reading, and motivate older chil- paragraph (2), any religious organization spectively. dren to read, through the distribution of in- providing services under this part shall be SEC. 106. INDIAN EDUCATION. expensive books. Local reading motivation subject to the same regulations as other en- (a) EARLY CHILDHOOD DEVELOPMENT PRO- programs assisted under this section shall tities providing services under this part to GRAM.—Section 1143 of the Education use such assistance to provide books, train- account in accord with generally accepted Amendments of 1978 (25 U.S.C. 2023) is ing for volunteers, motivational activities, auditing principles. amended— and other essential literacy resources, and ‘‘(2) LIMITED AUDIT.—If such organization (1) in subsection (b)(1), in the matter pre- shall assign the highest priority to serving segregates Federal funds provided under this ceding subparagraph (A)— the youngest and neediest children in the part into a separate account or accounts, (A) by striking ‘‘(f)’’ and inserting ‘‘(g)’’; United States.’’. then only the Federal funds used to provide and (e) NEW PROVISIONS.—Section 10501 of the services shall be subject to audit. (B) by striking ‘‘(e))’’ and inserting ‘‘(f))’’; Elementary and Secondary Education Act of ‘‘(h) TREATMENT OF PROGRAM PARTICI- (2) in subsection (d)(1)— 1965 (20 U.S.C. 8131) is amended by inserting PANTS.— (A) by redesignating subparagraphs (D) and before subsection (g) (as so redesignated by ‘‘(1) IN GENERAL.—An eligible entity may (E) as subparagraphs (E) and (F), respec- subsection (d)) the following: not subject a participant in an Even Start tively; and ‘‘(e) SPECIAL RULES FOR CERTAIN SUB- program assisted under this part, during (B) by inserting after subparagraph (C) the CONTRACTORS.— such program, to sectarian worship or in- following: ‘‘(1) FUNDS FROM OTHER FEDERAL struction or proselytization. ‘‘(D) family literacy services,’’; SOURCES.—Subcontractors operating pro- ‘‘(2) CONSTRUCTION.—Paragraph (1) shall (3) in subsection (e), by striking ‘‘(f),’’ and grams under this section in low-income com- not be construed to affect any program that inserting ‘‘(g),’’; munities with a substantial number or per- is not an Even Start program (regardless of (4) by redesignating subsections (e) and (f) centage of children with special needs, as de- whether it is carried out before, after, or at as subsections (f) and (g), respectively; and scribed in subsection (c)(3), may use funds the same time as an Even Start program). (5) by inserting after subsection (d) the fol- from other Federal sources to pay the non- ‘‘SEC. 1214. PROHIBITION ON VOUCHERS OR CER- lowing: Federal share of the cost of the program, if TIFICATES. ‘‘(e) Family literacy programs operated those funds do not comprise more than 50 ‘‘Notwithstanding any other provision of under this section, and other family literacy percent of the non-Federal share of the funds this Act, no services under this part may be programs operated by the Bureau of Indian used for the cost of acquiring and distrib- provided through voucher or certificate.’’. Affairs, shall be coordinated with family lit- uting books. SEC. 104. EDUCATION OF MIGRATORY CHILDREN. eracy programs for American Indian children ‘‘(2) WAIVER AUTHORITY.—Notwithstanding Section 1304(b) of the Elementary and Sec- under part B of title I of the Elementary and subsection (c), the contractor may waive, in ondary Education Act of 1965 (20 U.S.C. Secondary Education Act of 1965 in order to whole or in part, the requirement in sub- 6394(b)) is amended— avoid duplication and to encourage the dis- section (c)(1) for a subcontractor, if the sub- (1) in paragraph (5), by striking ‘‘and’’ at semination of information on quality family contractor demonstrates that it would other- the end; literacy programs serving American Indi- wise not be able to participate in the pro- (2) in paragraph (6), by striking the period ans.’’. gram, and enters into an agreement with the at the end and inserting ‘‘; and’’; and (b) DEFINITIONS.—Section 1146 of the Edu- contractor with respect to the amount of the (3) by adding at the end the following: cation Amendments of 1978 (25 U.S.C. 2026) is non-Federal share to which the waiver will ‘‘(7) a description of how the State will en- amended— apply. In a case in which such a waiver is courage programs and projects assisted (1) by redesignating paragraphs (7) through granted, the requirement in subsection (c)(2) under this part to offer family literacy serv- (14) as paragraphs (8) through (15), respec- shall not apply. ices if the program or project serves a sub- tively; and ‘‘(f) MULTI-YEAR CONTRACTS.—The con- stantial number of migratory children who (2) by inserting after paragraph (6) the fol- tractor may enter into a multi-year sub- have parents who do not have a high school lowing: contract under this section, if— diploma or its recognized equivalent or who ‘‘(7) the term ‘family literacy services’ has ‘‘(1) the contractor believes that such sub- have low levels of literacy.’’. the meaning given such term in section 14101 contract will provide the subcontractor with SEC. 105. DEFINITIONS. of the Elementary and Secondary Education additional leverage in seeking local commit- (a) IN GENERAL.—Section 14101 of the Ele- Act of 1965 (20 U.S.C. 8801);’’. ments; and mentary and Secondary Education Act of TITLE II—INEXPENSIVE BOOK ‘‘(2) the subcontract does not undermine 1965 (20 U.S.C. 8801) is amended— DISTRIBUTION PROGRAM the finances of the national program.’’. SEC. 202. EFFECTIVE DATE. (1) by redesignating paragraphs (15) SEC. 201. INEXPENSIVE BOOK DISTRIBUTION through (29) as paragraphs (16) through (30), PROGRAM FOR READING MOTIVA- The amendments made by section 201 shall respectively; and TION. take effect on October 1, 2000. (2) by inserting after paragraph (14) the fol- (a) AUTHORIZATION.—Section 10501(a) of the The SPEAKER pro tempore. Pursu- lowing: Elementary and Secondary Education Act of ant to the rule, the gentleman from ‘‘(15) FAMILY LITERACY SERVICES.—The 1965 (20 U.S.C. 8131(a)) is amended by striking Pennsylvania (Mr. KUYKENDALL) and term ‘family literacy services’ means serv- ‘‘books to students, that motivate children ices provided to participants on a voluntary to read.’’ and inserting ‘‘books to young and the gentlewoman from New York (Mrs. basis that are of sufficient intensity in terms school-aged children that motivate them to MCCARTHY) each will control 20 min- of hours, and of sufficient duration, to make read.’’. utes. sustainable changes in a family, and that in- (b) REQUIREMENTS OF CONTRACT.—Section The Chair recognizes the gentleman tegrate all of the following activities: 10501(b)(4) of the Elementary and Secondary from Pennsylvania (Mr. GOODLING). ‘‘(A) Interactive literacy activities be- Education Act of 1965 (20 U.S.C. 8131(b)(4)) is GENERAL LEAVE tween parents and their children. amended by inserting ‘‘training and’’ before ‘‘(B) Training for parents regarding how to ‘‘technical assistance’’. Mr. GOODLING. Mr. Speaker, I ask be the primary teacher for their children and (c) AUTHORIZATION OF APPROPRIATIONS.— unanimous consent that all Members full partners in the education of their chil- Section 10501(e) of the Elementary and Sec- may have 5 legislative days within dren. ondary Education Act of 1965 (20 U.S.C. which to revise and extend their re- ‘‘(C) Parent literacy training that leads to 8131(e)) is amended— marks on H.R. 3222. economic self-sufficiency. (1) by striking ‘‘$10,300,000 for fiscal year The SPEAKER pro tempore. Is there ‘‘(D) An age-appropriate education to pre- 1995’’ and inserting ‘‘$20,000,000 for fiscal year objection to the request of the gen- pare children for success in school and life 2000’’; and experiences.’’. (2) by striking ‘‘four’’ and inserting ‘‘five’’. tleman from Pennsylvania? (b) CONFORMING AMENDMENTS.— (d) STATEMENT OF PURPOSE.—Section 10501 There was no objection. (1) EVEN START FAMILY LITERACY PRO- of the Elementary and Secondary Education Mr. GOODLING. Mr. Speaker, I yield GRAMS.—Section 1202(e) of the Elementary Act of 1965 (20 U.S.C. 8131) is amended— myself such time as I may consume.

VerDate 11-MAY-2000 05:53 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.113 pfrm02 PsN: H12PT1 H7462 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Mr. Speaker, the greatest problem Children continue to perform average a matter of fact, we do not fail from facing the Nation, in my estimation or better in their classes, as judged by within simply because we have a grow- and that of many, is the fact that we their teachers. In third grade, 75 per- ing number of people who cannot com- have close to 100 million people in the cent of children perform well on formal pete in a 21st century high-tech soci- United States at the present time who assessments, 60 percent at average or ety. are functioning on either Level I or better in reading, 80 percent in lan- Mr. Speaker, I reserve the balance of Level II literacy skills. Level I literacy guage, and 73 percent in math. my time. skill will ensure that they will never What we have done in the Even Start Mrs. MCCARTHY of New York. Mr. receive a piece of the American dream. program is something that we should Speaker, I yield myself such time as I With Level II, it will be very, very dif- have done years and years ago. If we may consume. ficult in the 21st century, in the high- are going to break the cycle of illit- Mr. Speaker, I would like to begin by tech century, to ever be able to com- eracy, we do not just deal with children first thanking the gentleman from pete. or adults, we have to deal with the Pennsylvania (Chairman GOODLING) for That is a real tragedy. That is a trag- family. his wisdom and guidance as the chair- edy that in my estimation will destroy Of course, this was not a new idea of man of the Committee on Education this Nation. All nations generally fall mine when I arrived here and intro- and the Workforce. It has been a pleas- from within. There are many reasons duced it. We began it in Spring Grove ure working with the gentleman from why this one could fall from within, School District when I was super- Pennsylvania. I know that I speak for but none, in my estimation, more like- intendent there, when I asked our early the entire House of Representatives ly to cause that downfall than the fact childhood specialists, what is it we can when I wish him all the happiness and that we do have close to 100 million do to break the cycle? We know every health in his retirement. I use that people who are having a very difficult parent that did not graduate from high word loosely because we have already time surviving in this 21st century. school that now has children in the had some conversation, so I do not really think he will be retiring, he will At the same time, of course, we are school. We know every older brother just be starting on a new journey. But being asked to bring in hundreds of and sister that did not graduate. Is thousands of people from other coun- he will be missed here in the House. there not some way to break the cycle? In addition, Mr. Speaker, I rise today tries in order to fill our $40,000, $50,000, She said, yes, we will go out into the in support of H.R. 3222 to express my and $60,000 jobs, and all of those we homes with 3- and 4-year-olds and we support for the Literacy Involves Fam- have, of course, cannot rise to any will work with the parents and the 3- ilies Together Act. This bill strength- level where they would begin to think and 4-year-olds. We will show the par- ens Even Start in the focus of family about $40,000, $50,000, $60,000 jobs. ents what it is we can do to help chil- literacy in Title I and our Native So we have had Even Start working dren to become reading-ready and American Education Programs. for quite a few years. It has been work- school ready. We will improve the lit- This legislation will also define staff ing well. The reason we are here to- eracy skills of the parent so they can qualifications, which we know is so im- night is because I do not want to wait, become the child’s first and most im- portant for programs using Federal as we did with Head Start. In Head portant teacher. funds to support instructional staff. Start I tried to say for 10 or 12 years b 2130 The bill will require that academic in- that the program, so well-intended, We will help prepare those 3- and 4- structors have a post-secondary degree was not working, and all the studies or meet State qualifications. By re- year olds so they do not have a failing would show that it was not working. It quiring a higher level of qualifications, experience when they arrive in first was not working because no one was we are ensuring the highest returns for grade. paying any attention to whether there our Even Start children and families. It has been a successful program but were quality programs or not, so it be- Mr. Speaker, this bill levels the play- came a poverty jobs program, it be- we want to make sure it is even more ing field for our neediest families who came a baby-sitting program, but it successful. So we strengthen the ac- often need special services to provide was supposed to be a reading readiness countability in this reauthorization. basic education to their children. Fi- program for preschoolers. It was sup- States will review the progress of local nally, this bill will strengthen the ac- posed to be a program to make sure programs to make sure that they are countability of Even Start programs by children were ready to learn by the meeting the goals of helping parents to ensuring that program performance is time they came to first grade. read, helping children to learn, and measured by local goals tied to State The reason we are here tonight is to training parents on how to be good performance indicators. make sure we do not fall into that teachers for their children. While I do support this program, Mr. trap, but that as a matter of fact we We have quality improvement so that Speaker, I do have some concerns improve a piece of legislation that has the States use a portion of their Fed- about two changes that have been been doing well. eral money to provide training and made to this bill. Both the amount of These are just some of the results Federal assistance to Even Start in- money that we are authorizing and the that we have from programs and eval- structors to make sure they are at the length of time we are authorizing this uations, which are meaningful evalua- highest level. We have the scientific re- program have been reduced signifi- tions because they were done as tech- search standards, additional money in cantly. nical evaluations by those who are there, because we have a lot of research Mr. Speaker, just last year in Nassau qualified to do such. on how children learn to read. We have County, part of my district, BOCES, A high percentage of adults get their very little research on how adults learn which is as an educational school, GED or their high school certification. to read. served over 100 families. Can my col- Sixty-two percent of those seeking cer- We have family literacy in Title I leagues imagine how many more fami- tification from the program have re- and the migrant programs where it is lies we could serve with the full reau- ceived those certifications. A signifi- most needed. And then we have quali- thorization of this bill? I find in my cant percentage obtain and keep em- fications for instructional personnel so district alone that more and more fam- ployment, a 50 percent increase. Par- that, as a matter of fact, they are of ilies are looking for services like this. ents continue to seek employment and the highest caliber. As the gentleman from Pennsylvania enroll in education and training pro- These are just some of the things (Chairman GOODLING) has said, if we grams. Families reduce their reliance that we have done. We have also in- help educate the parent, certainly the on public assistance, and 45 percent re- cluded the Inexpensive Book Distribu- children are only going to do better. duced it dramatically or are com- tion Program, the RIF program, and It is my sincere hope that we can pletely off. we add a new title extending and work out these issues in conference. Even Start helps children. Eighty amending the reauthorization for this Until then, I urge all of my colleagues percent are rated at class average or program. to support this important legislation. above after they leave an Even Start These are some of the things that we Mr. Speaker, I reserve the balance of program and go on to kindergarten. are trying to do to make sure that, as my time.

VerDate 11-MAY-2000 05:53 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.197 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7463 Mr. GOODLING. Mr. Speaker, I yield However, the greatest contribution gress is a great loss to this institution 4 minutes to the gentleman from South to combatting illiteracy of the gen- and the children of our country. Carolina (Mr. GRAHAM), a member of tleman from Pennsylvania (Chairman He has always been dedicated to the Committee on Education and the GOODLING) was the enactment of the quality and results for our Nation’s Workforce. Even Start Family Literacy Program. children and our families. That is one Mr. GRAHAM. Mr. Speaker, I will try Back in 1988, at a time when Repub- thing he has taught me over and over to do this in 2 minutes, but I do not licans were the minority party in the again, we have to look at results. know if I will make it. We are here to House, the gentleman from Pennsyl- This reauthorization of Even Start talk about something that is probably vania (Mr. GOODLING) successfully pur- very much reflects these principles, his worth more than 2 minutes to spend sued the enactment of this legislation. principles. It is extremely fitting that on, and that is the gentleman from Based on his experiences as an educa- we honor the gentleman from Pennsyl- Pennsylvania (Mr. GOODLING), the tor, he strongly believed that illiteracy vania (Chairman GOODLING) by renam- chairman himself. can most successfully be eliminated by ing Even Start after him through this Mr. Speaker, I rise in support of H.R. working with families. He knew that, legislation. 3222, the Literacy Involves Families unless we first empowered parents with The bill before us today strengthens Together Act. This important legisla- poor reading skills to be their child’s Even Start in the focus of family lit- tion extends and improves the Even first and most important teacher, that eracy in Title I and Indian Education Start Family Literacy Program and their ability to help their children suc- Programs. In addition, this substitute the Inexpensive Book Distribution Pro- ceed in school would be greatly dimin- would increase the set-aside for mi- gram, better known as Reading is Fun- ished. grant and Indian Even Start programs damental. Mr. Speaker, family illiteracy pro- from 5 to 6 percent when the total ap- Mr. Speaker, there is no one that de- grams such as Even Start are one of propriation reaches $200 million. I be- serves more credit for bringing the at- the most effective methods of breaking lieve this provision is especially impor- tention to the problem of illiteracy in the cycle of illiteracy in families, and tant in increasing funding to Native this country than the gentleman from we have the gentleman from Pennsyl- Americans, a population that can Pennsylvania (Mr. GOODLING), the vania (Mr. GOODLING) to thank. I am, greatly benefit from family literacy chairman of the Committee on Edu- therefore, immensely pleased that the services. cation and the Workforce and author of committee has included in H.R. 3222 In closing, I want to thank the gen- the Even Start Family Literacy Pro- my amendment to renaming the pro- tleman from Pennsylvania (Chairman gram. gram the ‘‘William F. Goodling Even GOODLING) for successfully getting this Since his election to the House of Start Family Literacy Program.’’ legislation to the floor despite the Representatives almost 26 years ago, I am sure families and family lit- many roadblocks placed in his way. He and, yes, it has been that long, the gen- eracy providers throughout the United was very, very persistent; and we owe tleman from Pennsylvania (Mr. GOOD- States join me in thanking the gen- him a deep debt of gratitude for that. LING) has fought to ensure that every tleman from Pennsylvania (Mr. GOOD- His hard work on this program de- child and adult has the literacy skills LING) for all of his contributions to serves the admiration of every Member they need to succeed in school and the combatting illiteracy in this country. I of this House and the people of this workplace and in their local commu- encourage my colleagues to join me in country. nities. commending the gentleman from Penn- Mr. GOODLING. Mr. Speaker, I yield The gentleman from Pennsylvania sylvania (Chairman GOODLING) for all 2 minutes to the gentleman from North (Chairman GOODLING) has worked dili- of his contributions to creating a lit- Carolina (Mr. BALLENGER), a member of gently to improve the quality of adult erate society. I also urge support of the Committee on Education and the education programs. Through his ef- H.R. 3222, the Literacy Involves Fami- Workforce. forts, those with the lowest levels of lies Together Act. Mr. BALLENGER. Mr. Speaker, I literacy have been able to overcome Mrs. MCCARTHY of New York. Mr. thank the gentleman for yielding me obstacles, obtain gainful employment, Speaker, I yield 3 minutes to the gen- this time. and share in the opportunities of this tleman from Michigan (Mr. KILDEE). Mr. Speaker, I rise in strong support great Nation. Mr. KILDEE. Mr. Speaker, I thank of H.R. 3222, the Literacy Involves In 1991, the gentleman from Pennsyl- the gentlewoman from New York for Families Together Act. However, I vania (Mr. GOODLING) was the driving yielding me this time. would like to first say a couple things force behind the enactment of the Na- Mr. Speaker, today’s floor action rep- about the gentleman from Pennsyl- tional Literacy Act which established resents another portion of the work of vania (Chairman GOODLING). In all my the National Institute for Literacy. the Committee on Education and the years in Congress, I sincerely believe The Institute coordinates literacy ef- Workforce on the reauthorization of that the gentleman from Pennsylvania forts among the Departments of Edu- the Elementary and Secondary Edu- (Mr. GOODLING) is the most knowledge- cation, Health and Human Services and cation Act. able person on the issue of education. Labor. In addition, the National Insti- Even Start has been, as we all know Before coming to Congress, the gen- tute for Literacy works with States as here, the result of the love and the tleman from Pennsylvania was a teach- well as local providers to provide them hard work of the gentleman from Penn- er, a principal, and superintendent. The with the latest information on quality sylvania (Mr. GOODLING), my chairman gentleman from Pennsylvania (Mr. adult education and family literacy and my friend. GOODLING) knows education. We in programs. I have had the privilege of serving Congress have been fortunate to have The gentleman from Pennsylvania with my colleague for 24 years on the him. (Mr. GOODLING) has also pioneered leg- Committee on Education and the It is safe to say that we will miss the islation to change the way children are Workforce. He was here before I got leadership of the gentleman from taught to read. Through the develop- here. He has been here 26 years, I be- Pennsylvania (Chairman GOODLING), ment and enactment of the Reading lieve, Mr. Speaker. his bipartisan spirit, and his passion Excellence Act of 1988, the gentleman The work of the gentleman from for better education of all Americans. I from Pennsylvania helped ensure that Pennsylvania (Mr. GOODLING) has think the respect for his leadership is teachers are taught to teach reading touched the lives of so many children shown by the number of the committee using instructional programs based on during his career, providing many of members that are here tonight at this scientifically based reading research. them with the means to better them- late hour. This has marked a major change in the selves. Back in 1988, when we served to- way reading is taught in schools. In- Indeed, I find myself a better person gether on the Committee on Education stead of fly-by-night fad programs, this because of the gentleman from Penn- and the Workforce as minority Mem- legislation helps ensure our Nation’s sylvania (Mr. GOODLING). He is a great bers, the gentleman from Pennsylvania children are receiving the best possible friend and a very, very helpful mentor. (Mr. GOODLING) worked tirelessly to reading instruction. His retirement at the end of this Con- enact the Even Start Family Literacy

VerDate 11-MAY-2000 05:53 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.199 pfrm02 PsN: H12PT1 H7464 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Program. Even Start is based on his ex- the clock back on civil rights laws by Congresses; and the Women of Reform perience as an educator and his belief allowing publicly funded employment Judaism. that illiteracy can most successfully be discrimination as charitable choice Mr. Speaker, I submit the complete eliminated by working with families. does in this bill, and several other bills. text of the letter into the RECORD. Even Start works with the adults The majority accommodated several AMERICANS UNITED FOR without a GED and high school di- of my concerns about the original char- SEPARATION OF CHURCH AND STATE, ploma and their children to break the itable choice provisions in order to pro- Washington, DC. cycles of illiteracy. This program has vide better protection for beneficiaries DEAR REPRESENTATIVE: We, the under- been successful in motivating and pro- and to ensure that no proselytization signed religious, civil rights, civil liberties, would occur during the federally fund- and education organizations, are writing to viding parents with the skills they urge you to oppose the ‘‘charitable choice’’ need to play an active role in their ed program. However, the bill still af- section of H.R. 3222, the Literacy Involves children’s education. fords religious organizations partici- Families Together, or ‘‘Even Start’’ bill. We Today we have an opportunity to en- pating in the Even Start program the urge you to oppose this section because char- hance this act and substantially in- right to discriminate in their hiring itable choice is a frontal assault on the First crease the funding authorization to with public funds. Amendments guarantee of the separation of $250 million for fiscal year 2001. This is Now let me make it clear that I am church and state. a program that works. Not only does it not suggesting that we take away a re- Attaching ‘‘charitable choice’’ to Even ligious organization’s ability to dis- Start represents the first time this con- increase literacy and active participa- troversial proposal has been included in edu- tion by parents in their children’s edu- criminate in their hiring with their cation legislation. Although ‘‘charitable cation, but it provides enhanced oppor- private funds, as protected under Title choice’’ was never envisioned to govern edu- tunities for parents as well. VII of the Civil Rights Act and as pro- cation programs, Even Start opens the door The bill epitomizes everything that tected by the First Amendment. Here to tax funding of religious schools in all edu- the gentleman from Pennsylvania we are talking about discriminating cation programs in the future. (Chairman GOODLING) has represented and hiring on the basis of religion when The charitable choice provision also allows during his tenure in Congress. It in- using public funds. That is wrong. the government to give taxpayer money to religious institutions and then allows those creases charitable choice, strengthens It is important to note that this marks the first time the charitable religious institutions to refuse to hire cer- accountability, ensures instruction is tain taxpayers for tax-funded positions be- based on scientifically based research, choice has been added to an elementary cause they are not of the ‘‘right’’ religion. it prevents waste, and actively in- and secondary education program. While allowing religious institutions to dis- creases parental involvement in edu- Mr. Speaker, public education pro- criminate on the basis of religion in their cation. This is a program that helps ev- grams ought to be the last place that privately funded activities is quite appro- eryone who is involved. we should tolerate religious discrimi- priate, tax-funded employment discrimina- I ask my colleagues to support H.R. nation. Even the original author of the tion is not. The charitable choice provision further 3222 and the gentleman from Pennsyl- charitable choice in his legislative pro- posals to expand charitable choice pro- threatens to excessively entangle the insti- vania (Chairman GOODLING) in his ef- tutions of church and state. Despite the pro- forts on behalf of American families. visions to other programs specifically visions in charitable choice that purport to Mrs. MCCARTHY of New York. Mr. carved out education programs. protect the religious autonomy of institu- Speaker, I yield 5 minutes to the gen- Mr. Speaker, a number of organiza- tions that receive tax money, the govern- tleman from Virginia (Mr. SCOTT), also tions have expressed opposition to dis- ment will regulate what it funds. This will from the Committee on Education and crimination based on religion with result in government oversight, accounting the Workforce. Federal funds, and I would like to read and monitoring of houses of worship and other religious institutions. Mr. SCOTT. Mr. Speaker, I rise in re- part of a letter which states the chari- table choice provision also allows the For these reasons, we strongly urge you to luctant opposition to H.R. 3222, the Lit- oppose the ‘‘charitable choice’’ section of the eracy Involves Families Together Act. government to give taxpayer money to ‘‘Even Start’’ bill. Before I go into the purpose of my religious institutions and then allows Sincerely, opposition, I would like to take a mo- those religious institutions to refuse to American Association of University ment to thank and honor the gen- hire certain taxpayers for taxpayer- Women tleman from Pennsylvania (Chairman funded positions because they are not American Federation of Teachers American Jewish Committee GOODLING) for his service to the Com- of the right religion. While allowing re- American Jewish Congress mittee on Education and the Work- ligious institutions to discriminate on the basis of religion in their privately Americans United for the Separation of force. Church and State The gentleman from Pennsylvania funded activities is quite appropriate, Anti-Defamation League (Chairman GOODLING) cares about edu- tax-funded employment discrimination Baptist Joint Committee on Public Af- cation passionately, and many would is not. fairs say that he is an educator before he is Mr. Speaker, that letter is signed by Central Conference of American Rabbis a legislator. Today it is fitting that we the American Association of Univer- Council of Chief State School Officers honor the Even Start program, a pro- sity Women; the American Federation Friends Committee on National Legisla- of Teachers; the American Jewish Com- tion gram that he authored, with his name. Hadassah, the Women’s Zionist Organiza- Mr. Speaker, I rise, however, in re- mittee; the American Jewish Congress; the Americans United for Separation of tion of America luctant opposition to the bill because National Alliance of Black School Edu- it contains a provision known as chari- Church and State; the Anti-Defamation cators table choice. Charitable choice permits League; the Baptist Joint Committee National Council of Jewish Women religious organizations to participate on Public Affairs; the Central Con- National Education Association in various grant programs but allows ference of American Rabbis; the Coun- National Gay and Lesbian Taskforce them to discriminate on the basis of re- cil of Chief State School Officers; National PTA National School Boards Association ligion in their hiring with public funds. Friends Committee of National Legis- lation; Hadassah, the Women’s Zionist People For the American Way b 2145 Organization of America; the National School Social Work Association of Amer- ica Even Start is an excellent program Alliance of Black School Educators; Service Employees International Union that attacks education problems at the the National Council of Jewish Women; (SEIU), AFL–CIO most fundamental level: The family. the National Education Association; Union of American Hebrew Congrega- Family literacy programs such as Even the National Gay and Lesbian Task tions Start are particularly important for Force; the National PTA; the National Women of Reform Judaism my own congressional district because School Boards Association; People for Rachel Joseph, Legislative Associate adults in the Third Congressional Dis- the American Way; School Social Work Mr. Speaker, family literacy pro- trict of Virginia have the lowest level Association of America; the Service grams are extremely important; and we of literacy skills in the State, but I Employees International Union, AFL- should not be required to tolerate reli- will not support a program that turns CIO; the Union of American Hebrew gious discrimination as a condition for

VerDate 11-MAY-2000 05:53 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.201 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7465 the passage of this bill. Therefore, Mr. cation and the Workforce since coming either directly from the Secretary or Speaker, I regret that I cannot support to Congress in 1993, and I have learned from one of the partners directly not to the bill and support the gentleman a lot from him on this and other edu- Catholic charities but to St. Mary’s from Pennsylvania (Mr. GOODLING) in cation issues. Catholic Church and communities this worthwhile endeavor, although I This legislation culminates the out- somewhere in our country. I appreciate appreciate his hard work and dedica- standing work that the chairman has that. tion to education. done on literacy and will be a highlight One of the concerns that I have had Mr. GOODLING. Mr. Speaker, I yield of his legacy when he retires at the end about charitable choice in so many 3 minutes to the gentleman from Cali- of the 106th Congress. His dedication to other bills is that what that then does fornia (Mr. MCKEON), another sub- the young people of this Nation is ex- is either require the Federal Govern- committee chair. traordinary and should be emulated by ment to not be accountable for how Mr. MCKEON. Mr. Speaker, I thank all Members of this body. I am sorry to those dollars are spent or to actually the chairman, the gentleman from see him go but wish him well in all have the Federal Government go in and Pennsylvania (Mr. GOODLING) for yield- that he does. audit the books of churches and syna- ing me this time. I urge all of my colleagues to support gogues and houses of worship. Mr. Speaker, I rise today in strong H.R. 3222. I see in the gentleman’s bill actually support of the Literacy Involves Fami- Mrs. MCCARTHY of New York. Mr. language in there saying that if the lies Together bill. This legislation Speaker, I yield 5 minutes to the gen- church actually or house of worship builds on a strong legacy of support for tleman from Texas (Mr. EDWARDS). separates the funds, then the Federal literacy programs by this Congress and Mr. EDWARDS. Mr. Speaker, a little Government can only audit that par- in particular our Committee on Edu- over 24 hours ago, as a father, I was ticular account. Does that then mean if cation and the Workforce chairman, reading at home in Waco, Texas, my a church that gets this money directly the gentleman from Pennsylvania (Mr. home, to our 3-year-old and 4-year-old under this program does not separate GOODLING). We believe that if children sons. As a father who cares deeply that, then the Federal Government will learn to read early their chance for about encouraging my children to have to come in and perhaps audit all success in school is much greater. At learn how to read and to enjoy reading of the books of that church? the same time, if the entire family is and learning, I appreciate deeply the Mr. GOODLING. Mr. Speaker, will part of the learning process, all mem- chairman’s leadership in literacy pro- the gentleman yield? bers of the family have the opportunity grams before this and previous Con- Mr. EDWARDS. I yield to the gen- to reach their full potential. gresses, but I rise tonight to express tleman from Pennsylvania. I have heard it said that the family the same reservation mentioned by my Mr. GOODLING. I would like to re- that prays together stays together, and colleague from Virginia (Mr. SCOTT). spond to the gentleman’s inquiry. First the family that plays together stays It seems to me to continue on a great of all, the church cannot be a fiscal together. I would like to add that the program, and the program, the Even agent. They cannot, in our legislation, family that reads together progresses Start program is a great program, it is be a fiscal agent. together. not necessary to use Federal tax dol- Mr. EDWARDS. They can receive the With this bill, we will help break the lars to allow organizations to discrimi- funds from the fiscal agent? cycle of poverty, unemployment and nate against American citizens based Mr. GOODLING. Right. Secondly, welfare that is often a result of illit- simply on their own religious faith. It only the partnership gets the money. eracy. This legislation accomplishes is not necessary to not only allow but The church itself cannot get the these goals through strengthened serv- to actually subsidize with Federal tax money. The partnership that the ices under the Even Start literacy pro- dollars religious discrimination in church is working with gets the gram. Specifically, H.R. 3222 provides order to give children an even start in money, not the church itself. more resources to train Even Start in- life. Mr. EDWARDS. The church decides structors. The need for more training Mr. Speaker, I would like to ask, per- who to hire; the church does not get is acute. For example, last year during haps with the agreement of the gen- the money directly? a hearing on teacher preparation, we tleman from Pennsylvania (Mr. GOOD- Mr. GOODLING. They cannot get the heard from a young African American LING), if I could ask the chairman per- money directly. teacher who was given a third grade haps a question. With the chairman’s Mr. EDWARDS. In this bill, okay. class and told to teach them how to indulgence, if I could just clarify a But I guess the point I would raise is read. He had never had any training on point by asking him a question, if I that if the church is involved in hiring teaching how to read. could, on page 20 of the bill it talks people and being responsible for ex- He was simply told, you know how to about treatment of program partici- penditures of Federal tax dollars, it read; teach them how to read. pants. In fact, if we go back to page 17 opens up the possibility that in some He was frustrated. His students were it talks about, under section 1213, reli- way or another a church or a house of not learning; and he was ready to quit. gious organizations included and part- worship is going to have to be audited It was not until he received some addi- nership participants. in order to ensure the taxpayers that tional training that he was able to Could I ask the gentleman from their monies are being spent for the really connect with and teach the chil- Pennsylvania (Mr. GOODLING), so we purpose for which this bill intended. dren in his class and reach his full po- can be clear on the definition, when the Mr. Speaker, clearly my greatest ob- tential as a teacher. term religious organizations is men- jection is not that this is good legisla- Passage of this bill will give reading tioned in this language does the chair- tion. It has worked well and could con- instructors the additional help they man intend that that includes directly tinue to work well, but it is wrong even need. churches, synagogues and houses of in the best of legislation to take our Finally, I would like to take this op- worship or separate entities, perhaps Federal tax dollars and give to any or- portunity to share my gratitude, along secular separate entities set up by ganization and say they can take those with my other colleagues, for the work those churches, synagogues and houses Federal tax dollars and put out a sign of the gentleman from Pennsylvania of worship? that says, such as a Bob Jones’ related (Mr. GOODLING) on this important bill. Mr. GOODLING. Mr. Speaker, will church they could say, no Catholic As the author of several important lit- the gentleman yield? need apply here for a federally funded eracy initiatives, including the Read- Mr. EDWARDS. I yield to the gen- job. ing Excellence Act, the gentleman tleman from Pennsylvania. I understand why the Civil Rights from Pennsylvania (Mr. GOODLING) rec- Mr. GOODLING. Mr. Speaker, it Act says the Methodist church can hire ognized long ago the need for quality could be either, because we do not ex- a Methodist pastor, a Jewish syna- reading programs for the entire family. press in the legislation one or the gogue can hire a Jewish rabbi. That is I have had the privilege of serving with other. why there was an exception in the Civil the gentleman from Pennsylvania (Mr. Mr. EDWARDS. For clarification Rights Act for that kind of quote/un- GOODLING) on the Committee on Edu- purposes, it would allow dollars to go quote discrimination, but the Civil

VerDate 11-MAY-2000 05:53 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.203 pfrm02 PsN: H12PT1 H7466 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Rights Act passed in the 1960s never en- are simply not adequate to encourage gentlewoman has done on this legisla- visioned Federal dollars going directly individual opportunity, increase work- tion that is so important to us, in par- to pervasively sectarian organizations. er productivity, or strengthen our ticular, gun violence. And I would like In fact, I found it interesting in this country’s competitiveness around the to say that I associate myself with her bill it says it has to be consistent with world. fight to control that. the establishment/separation clause of According to the National Center for As it relates to this bill, I would also the First Amendment of the Bill of Educational Statistics, approximately like to pay my respects to the gen- Rights. The 1988 Kendrick case, Bowen 21 percent of the adult population, tleman from Pennsylvania (Mr. GOOD- versus Kendrick, basically said clearly more than 40 million Americans over LING), a gentleman that I have had the one cannot send direct tax dollars to the age of 16, has only rudimentary opportunity for the past 12 years to pervasively sectarian organizations. reading and writing skills. An addi- work with on the committee that has Mr. GOODLING. Mr. Speaker, I yield tional 8 million adults were unable to changed its name several times, the myself 30 seconds just to indicate that, perform the most basic literacy test former Education and Labor Com- of course, as I have indicated on Ms. and a smaller percentage had such lim- mittee, now Committee on Education JOHNSON’s bill, these organizations who ited skills that they were unable to and the Workforce, and I would like to should really be participating when one even respond to the survey. wish him a healthy and a useful retire- is dealing with families and are trying Sadly, studies show that illiteracy is ment. to improve family life, would not par- an intergenerational problem, one that Mr. Speaker, as a matter of fact, I ticipate, of course, if they have to give follows a parent-child pattern. Stu- had the privilege to chat with him on up their Title VII protection. The dents who have not been exposed to the elevator today and asked what is President, the Vice President, have reading before they enter school are at the gentleman going to do with all of both indicated very clearly, the Presi- a significant disadvantage when com- his time. We know it is going to be dent said common sense says that faith pared with students whose parents read used in a very positive way. And so I and faith-based organizations from all to them. In addition, students with il- feel privileged to have served on the religious backgrounds can play an im- literate parents are more likely to per- committee with the gentleman. portant role in helping children to form poorly in school, and they are I do, as many may know, for a num- reach their fullest potential. I agree more likely to drop out before gradua- ber of years from around 1990 until with that, and I believe that we have tion. about 1995, I introduced a National Lit- protected everybody in this legislation. The bill before us today, the Literacy eracy Day bill, which at that time Mrs. McCARTHY of New York. Mr. Involves Family Together Act seeks to under the other rules of the House if we Speaker, I reserve the balance of my remedy these problems by improving had 218 Members to sign the resolution, time. the quality of services provided under it would come to the floor, and for a Mr. GOODLING. Mr. Speaker, I ask the Even Start Family Literacy Pro- number of years, we moved the Na- unanimous consent to extend the time gram. tional Literacy Day. by 10 minutes, to be divided and con- Specifically, LIFT would require I do recall working very closely with trolled between the gentlewoman from Even Start programs to base reading the gentleman when we had White New York (Mrs. MCCARTHY) and my- instruction on scientifically based re- House conferences dealing with the self. search. As part of the National Reading question of literacy when the National The SPEAKER pro tempore (Mr. Panel, the National Institute for Child Literacy headquarters was conceived PEASE). Is there objection to the re- Health and Human Development has and State literacy councils were quest of the gentleman from Pennsyl- conducted extensive research on the formed. vania? best way to teach children to read, and Mr. Speaker, I feel very close to this There was no objection. I believe it is of utmost importance for question of literacy, and Literacy In- Mr. GOODLING. Mr. Speaker, I yield our literacy centers to make use of this volves Families Together Act is cer- 21⁄2 minutes to the gentleman from data. tainly in the right direction. As I have Delaware (Mr. CASTLE), our sub- LIFT would also fund a research indicated, this has been really one of committee chair. project to find the most effective way my pet projects that I have worked Mr. CASTLE. Mr. Speaker, I thank to improve literacy among parents and with in many years. However, as the the gentleman from Pennsylvania (Mr. reading difficulties and to help parents gentleman from Virginia (Mr. SCOTT), GOODLING) for yielding. use their new skills to support their as he raised in a bill last week, which Mr. Speaker, I rise in strong support children’s redevelopment. was also a very good bill dealing with of H.R. 3222, the Literacy Involves Finally, the LIFT act raises the qual- welfare reform, but also in that piece Families Together Act, legislation to ity of family literacy programs to of legislation, there was this question ensure that every child and every adult allow States to use a portion of their about Charitable Choice. has literacy skills they need to suc- Even Start dollars to provide expert It seems like every piece of legisla- ceed. I also want to take a moment to training and technical assistance to tion that we will see from now on will commend the bill’s sponsor, the gen- Even Start providers and family lit- have this question about Charitable tleman from Pennsylvania (Mr. GOOD- eracy instructors. Choice. As we know, Charitable Choice LING). We live in a Nation where both the provision allows the government to As some of us may know, the gen- volume and variety of written informa- give taxpayer money to religious insti- tleman from Pennsylvania (Mr. GOOD- tion are growing and where increasing tutions and then allows those religious LING) was the driving force behind the numbers of citizens are expected to be institutions to refuse to hire certain National Literacy Act and he changed able to read, understand, and use these taxpayers for tax-funded positions, be- the way children learn to read with the materials. cause they are not of the right religion. enactment of the Reading Excellence Mr. Speaker, I commend the gen- While allowing religious institutions to Act. tleman from Pennsylvania (Chairman discriminate on the basis of religion in GOODLING) for his leadership and wish their privately funded activities is b 2200 him a long and enjoyable retirement. quite appropriate and no one opposes Mr. Speaker, once again the gen- Mrs. MCCARTHY of New York. Mr. that, tax-funded employment discrimi- tleman from Pennsylvania (Mr. GOOD- Speaker, I yield 4 minutes to the gen- nation is wrong. LING) is leading the charge to create a tleman from New Jersey (Mr. PAYNE). And as we know, it permits religious more literate society with the reau- (Mr. PAYNE asked and was given institutions that receive Federal funds thorization of the Even Start Family permission to revise and extend his re- to discriminate in their employment Illiteracy Program, a bill he helped marks.) based on religious. It opens the door to offer nearly 12 years ago. Mr. PAYNE. Mr. Speaker, let me tax funding of religious schools in all Like the gentleman from Pennsyl- commend the gentlewoman from New educational programs in the future. It vania (Mr. GOODLING), I believe that York (Mrs. MCCARTHY) for managing harms religion by transforming reli- the literacy skills of America’s adults this bill and for the hard work that the gious ministries into administrative

VerDate 11-MAY-2000 05:53 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.205 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7467 agencies of government benefits and (Mr. BILBRAY asked and was given The holistic approach to learning to services requiring them to terminate permission to revise and extend his re- read embodied in this bill is the right certain benefits, report on individuals, marks.) answer, not just for children, but for and otherwise police the system. It un- Mr. BILBRAY. Mr. Speaker, I rise in families. Research has shown for dec- dermines the traditional role of reli- support of the bill, and I would like to ades that children do better in school if gion. For that purpose, too, a bill rise in respect to the chairman, the their parents are interested in their which I commend, a bill that I feel em- gentleman from Pennsylvania (Mr. progress in school. Yet, if parents bodied in what it stands for, because of GOODLING), for all the hard work he has themselves have not felt the power of this provision, which I see raising its done with this issue. education in their lives, they cannot ugly head continuously and continu- Mr. Speaker, I have had the privilege transmit to their children a love of ously and continuously, for that pur- of cofounding the Literacy Council of learning, a respect for learning, or the pose, I must oppose the bill. San Diego County that serves over 3 excitement that is necessary to moti- Mr. Speaker, I once again wish the million people in Southern California. vate children to learn when they are gentleman from Pennsylvania (Mr. And I must say sincerely that as we young and accomplish the goals so im- GOODLING), who has done an out- discussed opportunities and access for portant in elementary school. standing work, a good retirement and our citizens, there was an interesting Mr. Speaker, I commend the gen- good health. term brought up called Charitable tleman for his leadership and thank Mr. GOODLING. Mr. Speaker, I yield Choice. I would just ask all of us to re- him for his work over all of these dec- 11⁄2 minutes to the gentleman from member what kind of choice this coun- ades here in the Congress. Georgia (Mr. ISAKSON), an important try is giving to the 20 percent of Mr. GOODLING. Mr. Speaker, I yield member of the Committee on Edu- English-speaking learners who do not 11⁄2 minutes to the gentleman from cation and the Workforce. have a choice of being able to do what Michigan (Mr. EHLERS), a very impor- Mr. ISAKSON. Mr. Speaker, I thank we ran into in San Diego County while tant member of the Committee on Edu- the gentleman from Pennsylvania (Mr. I was chairman. They could not fill out cation and the Workforce. GOODLING) for yielding the time to me, an application for a job. They could not Mr. EHLERS. Mr. Speaker, I thank and I associate myself with all the even find applications to be able to get the gentleman from Pennsylvania (Mr. positive remarks that have been made government services to get training for GOODLING) for yielding time to me. about his service. the job. Mr. Speaker, in the Congress all of us I would observe that in most cases in A lot of people may think this is an depend on each other in dealing with a the twilight of a politician’s career, issue of just a child learning to read or multitude of issues that are before us. they search desperately for a legacy an adult learning to read, and that is But without doubt, the gentleman from that is a testimony to that which they somebody else’s problem, because my Pennsylvania (Chairman GOODLING) has have done. Some find it in an edifice or family knows how to read. My children been Mr. Education to this Congress a building, some find it in a last are going to good schools. My parents for many years. All of us have upon one minute grant. know how to read. My brothers and sis- occasion or another gone to him for ad- But today we memorialize a legacy ters are literate. vice on how to deal with issues regard- that walks all over America and is a But let me tell my colleagues as ing education. And I appreciate his ef- tribute to the gentleman from Pennsyl- someone who operated a system of forts here. vania. It is young adults and children criminal justice and social welfare that In regard to the bill, there are sev- since 1988 who have learned together is larger than 32 States of the Union, eral points I wanted to mention that I the fundamental key to success in life, that I found that 20 percent to 40 per- think are outstanding. First of all, ac- which is the ability to read. This pro- cent of the people that were in welfare countability. We have passed many, gram supplies materials, sound fun- and were in our criminal justice sys- many different pieces of legislation damentals, and breaks the cycle and tem were functionally illiterate. In dealing with education. Most of them the stigma that is the biggest problem fact, Mr. Speaker, I would just say if have had very little accountability, in adult literacy. we want to fight crime, if we want to most of them have not accomplished We have learned in education that an fight unemployment, we need to sup- anything near what their potential adult who otherwise would be stig- port bills like the gentleman’s, and I was, and building accountability into matized and not go to learn will relish thank him very much for his proactive this bill I think is essential. the opportunity to learn with their stance on this project. The gentleman’s step toward helping child. That is the legacy of the gen- Mr. GOODLING. Mr. Speaker, I yield parents and children learn together is a tleman from Pennsylvania (Mr. GOOD- 11⁄2 minutes to the gentlewoman from stroke of genius, something we need LING) and today’s increase in that leg- Connecticut (Mrs. JOHNSON). very badly. But, again, it has to be ac- acy is a testimony to what he has done. Mrs. JOHNSON of Connecticut. Mr. countable to make sure that it hap- There are schools all over this coun- Speaker, I thank the gentleman from pens; but it can be a wonderful experi- try, but there is one in my State called Pennsylvania (Mr. GOODLING) for yield- ence for both parents and child. The Pitts Elementary, Mr. Chairman, 100 ing to me. emphasis on research standards is im- percent poverty, 100 percent free and Mr. Speaker, I congratulate him not portant. Much of the research done in reduced lunch in the middle of a public only on the bill but for his leadership education today is superb; much of it, housing project. Because of Even Start on education issues over many years, unfortunately, is not very good. and the materials, the techniques and both as Member of the minority and b using the resources of a community, in then as chairman of the Committee on 2215 Pitts Elementary children without Education and the Workforce. I also Particularly in the difficulties of hope and hopeless parents learn to congratulate him on not only having reading, the study of dyslexia, there is read. passed the Even Start bill in 1988, but a great deal of work that needs to be The generational cycle of literacy having overseen what has happened done. Many people, including one of my can only be broken when the child and under that legislation and bringing us dear grandsons, suffer from that dis- the parent learn together, thanks to tonight this legislation that improves ease, and it is incredibly difficult. the gentleman from Pennsylvania (Mr. the effectiveness of the Even Start pro- The final point I would make is that GOODLING). gram and improves the quality of the science also can be important in teach- Mrs. MCCARTHY on New York. Mr. teaching that will go on under Even ing reading, and I have introduced a Speaker, I have no additional speakers, Start. bill that the committee will shortly and I reserve the balance of my time. Particularly, I want to commend the consider on that. Mr. GOODLING. Mr. Speaker, I yield gentleman because he has never forgot- The SPEAKER pro tempore (Mr. 11⁄2 minutes to the gentleman from ten that children are the children of PEASE). The gentlewoman from New California (Mr. BILBRAY). He can tell us parents; that children grow up in fami- York (Mrs. MCCARTHY) has 6 minutes just how important the program is, as lies, and if children are not doing well, remaining, and the gentleman from well as the organization that helps sup- we need to look at both what the child Pennsylvania (Mr. GOODLING) has 11⁄2 port the program. needs and what their families need. minutes remaining.

VerDate 12-SEP-2000 06:41 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.207 pfrm02 PsN: H12PT1 H7468 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Mrs. McCARTHY of New York. Mr. working relationship in areas of edu- I just hope that, as I leave, I watch Speaker, I yield 3 minutes to the gen- cation on both sides of the aisle, and the committee still making sure that tleman from Pennsylvania (Mr. GOOD- could have accomplished very little every parent and every child becomes LING) and ask unanimous consent that even as chairman of the committee literate, so that no child goes to the he be allowed to control said time. without that kind of cooperation. The first grade without the ability to learn The SPEAKER pro tempore. Is there gentlewoman from New York has been and without the ability to read, be- objection to the request of the gentle- a joy to work with. cause they will fail, and that will be woman from New York? My friend from Michigan and I have one more tragedy. There was no objection. been battling for, he said 24 years. I So, again I thank all the members of Mr. GOODLING. Mr. Speaker, I yield have been battling for 26, and he has the committee, and thank all of the 11⁄2 minutes to the gentleman from In- been battling with me for 24. Not bat- staff for the wonderful work that they diana (Mr. SOUDER). tling for ourselves, as none of the com- have done over the years. Mr. SOUDER. Mr. Speaker, I thank mittee has been doing that, but what Mr. Speaker, I yield back the balance the chairman, and also want to com- we are trying to do is make sure that of my time. mend his leadership on the education every child in this country has an The SPEAKER pro tempore. The gen- issue. As I was a staffer here for 10 equal opportunity to get a piece of the tlewoman from New York has 1 minute years, 6 on the House side and 4 on the American dream. remaining. Senate, I watched as he moved Even As I indicated when we started, there Mrs. MCCARTHY of New York. Mr. Start through. I watched as he has is no way that can happen if they and Speaker, I yield myself the balance of tried to change Head Start back into a their parents are illiterate, or even my time. literacy program, to try to reach out functionally illiterate in this 21st cen- Mr. Speaker, I would like to close again saying there are many of us that to those who are hurting and those who tury. There was a time a parent could support this amendment. I will also say are behind and actually get them up to get a job, rear a family, and, of course, that I have only been on the committee the academic level with which to com- not let anyone know that he or she chaired by the gentleman from Penn- pete and to advance in school so that could not read, but that time has gone, sylvania (Chairman GOODLING) for 4 they have the opportunities that the and is gone forever. years. rest of America has. I would hope as we continue, as I have told the committee many times, Mr. Speaker, I have a great deal of I simply do not understand, in bill respect for him, for the work he has after bill after bill, why some Members and as someone mentioned from the other side, I hope my portrait in the done, and I know he has always put the on the minority side object to having children first. I support what he is try- an opportunity in this mix for faith- room, the lips will move every time they are deliberating, and the lips will ing to do with this amendment. The based organizations. The faith-based gentleman and I agree 100 percent that organizations that we are talking say, We want to make sure that we have results, not process; we want to if our children and parents cannot about are so narrowly defined by court read, then we cannot lift up everyone. decisions, they cannot spend taxpayers’ make sure that it is quality, not quan- tity, because that is the only way, in Again, it has been a pleasure working dollars for any type of proselytization. with the gentleman from Pennsylvania In this bill, because it goes through my estimation, we can be successful in preventing the fall of this great Na- (Mr. GOODLING). I am sure when I first education, they have to be cleared got there he had no idea what kind of through the education institutions. We tion, which I truly believe will happen if we cannot successfully deal with the person I was going to be, but he found agreed that they have to have a separa- out I was actually the strong, quiet tion of anything else they do, including literacy issue. I want to thank the staffs. I have told type, and only spoke when I found it child care, from this program. the staffs over and over again what I was extremely important. He appre- But many of the most innovative will miss most of all when I leave this ciated that, because I saved him time. leaders in America, particularly in the institution are the wonderful staffers We will miss you, Chairman GOODLING, black and Hispanic and other immi- that I have worked with for a long, and it has been a pleasure being with grant communities, are faith based. long time. you and learning from you over these 4 When they first come to America, in Sitting next to me, I want to truly years. Fort Wayne, Indiana, not a hotbed of pay tribute to Lynn Selmser. She has Mr. PAUL. Mr. Speaker, I appreciate the op- immigration, but we do have the larg- had to put up with me for 19 years. I do portunity to explain why Congress should re- est Burmese immigration in the United not know of anybody that has probably ject the Literacy Involves Families Together States. We have, like many areas, a put up with a Member of Congress for (LIFT) Act (House Resolution 3222), which huge Hispanic immigration. We see 19 years and survived. But when there aims to increase ``family literacy'' by directing areas of Fort Wayne, where the black were literacy issues, she was there; if money from the American taxpayer to Wash- churches have worked together and are there were nutrition issues, she was ington and funneling a small percentage of it now the agent for the Federal Govern- there; if there were Impact Aid issues, back to the states and localities to spend on ment in housing partnerships, and as she was there helping. education programs that meet the specifica- they try to redevelop the Hannah So it has been a wonderful experience tions of DC-based bureaucrats. While all sup- Creighton and work with Head Start in the Congress of the United States. I port the goal of promoting adult literacy, espe- and other programs, why if the school am not going to say that I am going to cially among parents with young children, system decides they are not the best to miss the rigors of the job. I am surely Congress should not endorse supporting the do Even Start, what is this opposition not missing the campaign that all of unconstitutional and ineffective means in- so much to faith-based organizations? you are involved in. In fact, I sit back cluded in this bill. If Congress were serious It is a shame for the minority leader- and smile and say, go to it; I do not about meaningful education reform, we would ship in this country, because they need have to do that any longer. not even be debating bills like H.R. 3222. back up at the grassroots level. But I will miss our efforts that we Rather, we would be discussing the best way Mr. GOODLING. Mr. Speaker, I yield jointly embarked upon to try to make to return control over the education dollar to myself 2 minutes. sure that we do have a literate work- the people so they can develop the education Mrs. MCCARTHY. Of New York. Mr. force, that our workforce can perform, programs that best suit their needs. Speaker, I yield 2 minutes to the gen- that we do not have to rely on other Several of my colleagues on the Education tleman from Pennsylvania (Mr. GOOD- countries to supply our people to do and Workforce Committee have expressed op- LING). the $40,000, $50,000 and $60,000 jobs. position to the LIFT Act's dramatic increase in The SPEAKER pro tempore. The gen- We have lost a lot of time, because authorized expenditures for the Even Start tleman from Pennsylvania is recog- our whole effort from the very begin- family literacy programs. Of course, I share nized for 4 minutes. ning was to try to make sure that we their opposition to the increased expenditure, Mr. GOODLING. Mr. Speaker, I close that achievement gap, and we however, my opposition to this bill is based would like to thank all of those who, of must close it, and I would hope that not as much on the authorized amount but on course, paid tribute to me, but I must this legislation will go a long way to do the bill's underlaying premise: that the Amer- say that we have had a wonderful that. ican people either cannot or will not provide

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00094 Fmt 4634 Sfmt 9920 E:\CR\FM\K12SE7.211 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7469 educational services to those who need them eracy is a noble goal but programs such as ically researched methods of teaching reading, unless they are forced to do so by the federal these may promote undue governmental inter- and provides funding for research on teaching government. ference in family life. Many people around the of reading to adults in family literacy pro- In contrast to the drafters of the LIFT bill, I country have expressed concern that ``par- grams. Finally, it establishes qualifications for do not trust the Congress to develop an edu- enting improvement'' programs have become instructional staff in Even Start programs cation program that can match the needs of excuses for the government bureaucrats to in- whose salaries are paid with Even Start dol- every community in the United States. Instead, timidate parents into ceding effective control lars. I trust the American people to provide the type over child-rearing to the government. While Additionally, H.R. 3222 provides for chari- of education system that best suits their none of these complaints are directly related table choice by allowing government to con- needs, and the needs of their fellow citizens, to the Even Start program Even Start does sider religious organizations, as part of eligible provided Congress gives them back control rest on the premise that it is legitimate for the partnerships on the same basis as other over the education dollar. federal government to interfere with the par- groups receiving funding. Our churches, Syna- The drafters of the United States Constitu- ent-child relationship to ``improve'' parenting. gogues, Mosques, and other religious organi- tion understood that the federal government Once one accepts that premise, it is a short zations have a long tradition of helping those was incapable of effectively providing services jump to interfering in all aspects of family life in need in our country including helping those such as education. This is why they carefully in order to promote the federal government's who cannot read. This legislation helps them limited the federal government's powers to a vision of ``quality parenting.'' to carry on with that tradition in ensuring every few narrowly defined areas. This under- In order to give control over education back American can read. standing of the proper role of the federal gov- to the American people, I have introduced Finally, this legislation will help communities ernment was reinforced by the tenth amend- several pieces of legislation that improve edu- implement the inexpensive book distribution ment which forbids the Federal Government cation by giving the American people control program which helps local communities pro- from controlling education, instead leaving au- over their education dollar. For instance my vide books for disadvantaged children. thority over education in the hands of states, Family Education Freedom Act (H.R. 935), Once again I urge passage of H.R. 3222, local communities and parents. provides parents with a $3,000 per child tax and yield back the balance of my time. Reinforcing that the scariest words in the credit for K±12 education expenses incurred in Mr. HORN. Mr. Speaker, I rise in support of English language are ``I'm from the federal sending their children to public, private, or a very important piece of legislation, H.R. government and I am here to help you,'' the home school. I have also introduced the Edu- 3222, The Literacy Involves Families Together American education system has deteriorated cation Improvement Tax Cut Act (H.R. 936), Act. in the years since Congress disregarded the which provides a tax donation of up to $3,000 Even Start, and other family literacy pro- constitutional limitations on centralizing edu- for cash or in-kind donations to public or pri- grams, serve the most vulnerable families in cation in order to ``improve the schools.'' One vate schools as well as for donations to ele- our Nation. could argue that if the federally-controlled mentary and secondary scholarships. I am According to the Department of Education, schools did a better job of educating children also cosponsoring legislation (H.R. 969) to in- twenty-three percent of American adults were to read, perhaps there would not be a great crease the tax donations for charitable con- functionally illiterate in 1993. demand for ``adult literacy programs!'' tributions, as well as several bills to provide We cannot expect these adults, and their Of course, family literacy programs do serve tax credits for adult job training and education. families to become self-sufficient without lit- a vital purpose in society, but I would suggest Unleashing the charitable impulses of the eracy skills. that not only would family literacy programs American people is the most effective means By helping them to break the cycle of illit- exist, they would better serve those families in of ensuring that all Americans have access to eracy, family literacy programs help families lift need of assistance if they were not controlled the quality education programs they need, and themselves out of poverty and dependency on by the federal government. Because of the to make sure that those programs are tailored government programs. generosity of the American people, the issue to meet the particular needs of the local com- H.R. 3222 ensures that Even Start, and is not whether family literacy programs will be munities and the individuals they serve. other literacy programs are administered in the funded but who should control the education In conclusion, Mr. Speaker, I call on my col- most effective way. dollars; the American people or the federal leagues to reject the LIFT Act and instead em- This legislation provides technical assist- government? brace a program of education and charitable ance to local providers, establishes qualifica- Mr. Speaker, rather than give more control tax credits that will give the American people tions for teaching staff, and requires that in- over education to the people, H.R. 3222 actu- the ability to provide for the education needs struction be based on scientifically proven ally further centralizes education by attaching of their children and families in the way that methods. new requirements to those communities re- best suits the unique circumstances of their At the same time, it empowers parents to ceiving taxpayer dollars for adult literacy pro- own communities. become involved in their children's education. grams. For example, under this bill, federally- Mr. CUNNINGHAM. Mr. Speaker, as the As we all know, this is critical to a child's funded Even Start programs must use instruc- former Chairman of the Elementary, Sec- educational success. tion methods based on ``scientific research.'' ondary, and Vocational Education Sub- Additionally, children whose parents read to While none question the value of research into committee, I was one of the original sup- them are much better prepared to start school. various educational methodologies, it is doubt- porters of the Even Start program at its incep- They perform significantly better than those ful that the best way to teach reading can be tion. I rise in strong support of H.R. 3222 The who have not been exposed to reading at totally determined through laboratory experi- Literacy Involves Families Together Act, and home. ments. Learning to read is a complex process, commend the gentleman from Pennsylvania Passing this legislation is the first step in involving many variables, not the least of for his hard work and dedication to our chil- opening up a world of opportunities, not only which are the skills and abilities of the indi- dren and their literacy. It is because of his ef- for children, but their families as well. vidual. forts that we have been able to reduce the Mr. Speaker, I am proud to support this leg- Many effective techniques may not be read- number of illiterate individuals in our commu- islation. ily supported by ``scientific research.'' There- nities, and I find it a fitting tribute that this pro- I am encouraged by the bipartisan support fore, this program may end up preventing the gram will be named after him. for this bill, and I am hopeful that both sides use of many effective means of reading in- We all realize that to succeed in today's so- of the aisle can work together for the sake of struction. The requirement that recipients of ciety every person must be able to read and all of America's families. federal funds use only those reading tech- write. It is unacceptable that in a country as Mrs. MCCARTHY of New York. Mr. niques based on ``scientific research,'' (which advanced as ours that we have millions of Speaker, I yield back the balance of in practice means those methods approved by people who cannot read or write. H.R. 3222 my time. the federally-funded ``experts'') ensures that a helps to address this issue in several ways. The SPEAKER pro tempore. The limited number of reading methodologies will, First, it would improve the quality of Even question is on the motion offered by in essence, be ``stamped with federal ap- start and other family literacy programs in sev- the gentleman from Pennsylvania (Mr. proval.'' eral areas. It would provide training and tech- GOODLING) that the House suspend the In addition to violating the United States nical assistance to local providers while at the rules and pass the bill, H.R. 3222, as Constitution, the LIFT bill raises some serious same time assuring that the level of assist- amended. questions regarding the relationship between ance does not decrease. It also requires that The question was taken; and (two- the state and the family. Promoting family lit- instructional programs are based on scientif- thirds having voted in favor thereof)

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.146 pfrm02 PsN: H12PT1 H7470 CONGRESSIONAL RECORD — HOUSE September 12, 2000 the rules were suspended and the bill, SECTION 1. SHORT TITLE. (3) an identification of options, and rec- as amended, was passed. This Act may be cited as the ‘‘Tijuana ommendations for preferred options, for ad- The title of the bill was amended so River Valley Estuary and Beach Sewage ditional sewage treatment capacity for fu- as to read: ‘‘A bill to amend the Ele- Cleanup Act of 2000’’. ture flows emanating from the Tijuana River mentary and Secondary Education Act SEC. 2. PURPOSE. area, Mexico. The purpose of this Act is to authorize the (c) CONTRACT.— of 1965 to improve literacy through United States to take actions to address family literacy projects and to reau- (1) IN GENERAL.—Subject to the avail- comprehensively the treatment of sewage ability of appropriations to carry out this thorize the inexpensive book distribu- emanating from the Tijuana River area, subsection and notwithstanding any provi- Mexico, that flows untreated or partially tion program.’’ sion of Federal procurement law, upon con- treated into the United States causing sig- A motion to reconsider was laid on clusion of a new Treaty Minute or the nificant adverse public health and environ- the table. amendment of Treaty Minute 283 under sec- mental impacts. f tion 5, the Commission may enter into a fee- SEC. 3. DEFINITIONS. for-services contract with the owner of a In this Act, the following definitions apply: ANNOUNCEMENT OF INTENTION TO Mexican facility in order to carry out the (1) ADMINISTRATOR.—The term ‘‘Adminis- OFFER MOTION TO INSTRUCT secondary treatment requirements of sub- trator’’ means the Administrator of the En- CONFEREES ON H.R. 4205, FLOYD section (a) and make payments under such vironmental Protection Agency. D. SPENCE NATIONAL DEFENSE contract. (2) COMMISSION.—The term ‘‘Commission’’ (2) TERMS.—Any contract under this sub- AUTHORIZATION ACT FOR FIS- means the United States section of the Inter- section shall provide, at a minimum, for the CAL YEAR 2001 national Boundary and Water Commission, following: Mr. GRAHAM. Mr. Speaker, pursuant United States and Mexico. (3) IWTP.—The term ‘‘IWTP’’ means the (A) Transportation of the advanced pri- to clause 7(c) of rule XXII, I announce mary effluent from the IWTP to the Mexican my intention to offer a motion to in- South Bay International Wastewater Treat- ment Plant constructed under the provisions facility for secondary treatment. struct conferees on H.R. 4205. of the Federal Water Pollution Control Act (B) Treatment of the advanced primary ef- The motion is as follows: I move that (33 U.S.C. 1251 et seq.), section 510 of the fluent from the IWTP to the secondary treat- the managers on the part of the House Water Quality Act of 1987 (101 Stat. 80–82), ment level in compliance with water quality at the conference on the disagreeing and Treaty Minutes to the Treaty for the laws of the United States, California, and votes of the two Houses on the Senate Utilization of Waters of the Colorado and Ti- Mexico. amendment to the bill H.R. 4205 be in- juana Rivers and of the Rio Grande, dated (C) Return conveyance from the Mexican February 3, 1944. facility of any such treated effluent that structed to agree to the provisions con- cannot be reused in either Mexico or the tained in section 1068 of the Senate (4) SECONDARY TREATMENT.—The term ‘‘secondary treatment’’ has the meaning United States to the South Bay Ocean Out- amendment. such term has under the Federal Water Pol- fall for discharge into the Pacific Ocean in f lution Control Act and its implementing reg- compliance with water quality laws of the United States and California. ANNOUNCEMENT OF INTENTION TO ulations. (5) SECRETARY.—The term ‘‘Secretary’’ (D) Subject to the requirements of sub- OFFER MOTION TO INSTRUCT means the Secretary of State. section (a), additional sewage treatment ca- CONFEREES ON H.R. 4205, FLOYD (6) MEXICAN FACILITY.—The term ‘‘Mexican pacity that provides for advanced primary D. SPENCE NATIONAL DEFENSE facility’’ means a proposed public-private and secondary treatment of sewage described AUTHORIZATION ACT FOR FIS- wastewater treatment facility to be con- in subsection (a)(1)(B) in addition to the ca- CAL YEAR 2001 structed and operated under this Act within pacity required to treat the advanced pri- mary effluent from the IWTP. Mr. GRAHAM. Mr. Speaker, pursuant Mexico for the purpose of treating sewage flows generated within Mexico, which flows (E) A contract term of 30 years. to clause 7(c) of rule XXII, I announce impact the surface waters, health, and safety (F) Arrangements for monitoring, my intention to offer a motion to in- of the United States and Mexico. verification, and enforcement of compliance struct conferees on H.R. 4205. (7) MGD.—The term ‘‘mgd’’ means million with United States, California, and Mexican The form of the motion is as follows: gallons per day. water quality standards. Mr. GRAHAM moves to instruct con- SEC. 4. ACTIONS TO BE TAKEN BY THE COMMIS- (G) Arrangements for the disposal and use ferees on the part of the House that the SION AND THE ADMINISTRATOR. of sludge, produced from the IWTP and the (a) SECONDARY TREATMENT.— Mexican facility, at a location or locations conferees on the part of the House on in Mexico. the disagreeing votes of the two Houses (1) IN GENERAL.—Subject to the negotiation and conclusion of a new Treaty Minute or (H) Payment of fees by the Commission to on the bill H.R. 4205 be instructed not the amendment of Treaty Minute 283 under the owner of the Mexican facility for sewage to agree to revisions which, (1) fail to section 5, and notwithstanding section treatment services with the annual amount recognize that the 14th Amendment to 510(b)(2) of the Water Quality Act of 1987 (101 payable to reflect all agreed upon costs asso- the Constitution guarantees all persons Stat. 81), the Commission is authorized and ciated with the development, financing, con- equal protection under the law; and, (2) directed to provide for the secondary treat- struction, operation, and maintenance of the deny equal protection under the law by ment of a total of not more than 50 mgd in Mexican facility. Mexico— (I) Provision for the transfer of ownership conditioning prosecution of certain of- of the Mexican facility to the United States, fenses on the basis of race, color, reli- (A) of effluent from the IWTP if such treat- ment is not provided for at a facility in the and provision for a cancellation fee by the gion, national origin, gender, sexual United States; and United States to the owner of the Mexican orientation, or disability of the victim; (B) of additional sewage emanating from facility, if the Commission fails to perform and (3) preclude a person convicted of the Tijuana River area, Mexico. its obligations under the contract. The can- murder from being sentenced to death. (2) ADDITIONAL AUTHORITY.—Subject to the cellation fee shall be in amounts declining f results of the comprehensive plan developed over the term of the contract anticipated to under subsection (b) revealing a need for ad- be sufficient to repay construction debt and TIJUANA RIVER VALLEY ESTUARY ditional secondary treatment capacity in the other amounts due to the owner that remain AND BEACH SEWAGE CLEANUP San Diego-Tijuana border region and recom- unamortized due to early termination of the ACT OF 2000 mending the provision of such capacity in contract. Mexico, the Commission may provide not (J) Provision for the transfer of ownership Mr. LATOURETTE. Mr. Speaker, I more than an additional 25 mgd of secondary of the Mexican facility to the United States, move to suspend the rules and pass the treatment capacity in Mexico for treatment without a cancellation fee, if the owner of bill (H.R. 3378) to authorize certain ac- described in paragraph (1). the Mexican facility fails to perform the ob- tions to address the comprehensive (b) COMPREHENSIVE PLAN.—Not later than ligations of the owner under the contract. treatment of sewage emanating from 24 months after the date of enactment of this (K) To the extent practicable, the use of the Tijuana River in order to substan- Act, the Administrator shall develop a com- competitive procedures by the owner of the tially reduce river and ocean pollution prehensive plan with stakeholder involve- Mexican facility in the procurement of prop- erty or services for the engineering, con- in the San Diego border region, as ment to address the transborder sanitation problems in the San Diego-Tijuana border re- struction, and operation and maintenance of amended. gion. The plan shall include, at a minimum— the Mexican facility. The Clerk read as follows: (1) an analysis of the long-term secondary (L) An opportunity for the Commission to H.R. 3378 treatment needs of the region; review and approve the selection of contrac- Be it enacted by the Senate and House of Rep- (2) an analysis of upgrades in the sewage tors providing engineering, construction, and resentatives of the United States of America in collection system serving the Tijuana area, operation and maintenance for the Mexican Congress assembled, Mexico; and facility.

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.213 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7471 (M) The maintenance by the owner of the (F) Any other terms and conditions consid- Mexico, have not kept pace with the Mexican facility of all records (including ered necessary by the Secretary in order to city’s growing population. Untreated books, documents, papers, reports, and other implement the provisions of this Act. sewage flowing from Mexico through materials) necessary to demonstrate compli- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. the Tijuana River and into the Pacific ance with the terms of this Act and the con- There are authorized to be appropriated tract. Ocean has adversely impacted the such sums as may be necessary to carry out South Bay communities of San Diego (N) Access by the Inspector General of the this Act. Department of State or the designee of the County, the river valley and estuary, Inspector General for audit and examination The SPEAKER pro tempore. Pursu- and the coastal waters of the United of all records maintained pursuant to sub- ant to the rule, the gentleman from States. These flows continue to pose paragraph (M) to facilitate the monitoring Ohio (Mr. LATOURETTE) and the gen- serious threat to public health, econ- and evaluation required under subsection (d). tleman from Mississippi (Mr. TAYLOR) omy and environment in the region. (3) LIMITATION.—The Contract Disputes Act each will control 20 minutes. For decades, the U.S. and Mexican of 1978 (41 U.S.C. 601–613) shall not apply to a The Chair recognizes the gentleman contract executed under this section. governments have been working to de- from Ohio (Mr. LATOURETTE). velop a solution to the San Diego- (d) IMPLEMENTATION.— Mr. LATOURETTE. Mr. Speaker, I Mexican sewage problem. Numerous al- (1) IN GENERAL.—The Inspector General of yield myself such time as I may con- ternatives have been considered and an the Department of State shall monitor the sume. implementation of any contract entered into international wastewater treatment under this section and evaluate the extent to Mr. Speaker, H.R. 3378, the Tijuana plant located in the United States was which the owner of the Mexican facility has River Valley Estuary and Beach Sew- selected as the best alternative. As a met the terms of this section and fulfilled age Cleanup Act of 2000 will help solve result the U.S. and Mexican govern- the terms of the contract. sanitation problems in the San Diego ments formally agreed, in Treaty (2) REPORT.—The Inspector General shall and Tijuana border region. Minute 283, to construct the South Bay transmit to Congress a report containing the San Diego is in a state of emergency. International Wastewater Treatment evaluation under paragraph (1) not later Raw or partially treated sewage flows than 2 years after the execution of any con- Plant, located in San Diego, to treat from Mexico into the United States, and dispose of the sewage flows. tract with the owner of the Mexican facility creating significant health and safety under this section, 3 years thereafter, and In order to comply with inter- periodically after the second report under risks. To comprehensively address the national obligations and to achieve this paragraph. problem, H.R. 3378 encourages the some level of treatment as quickly as United States to negotiate new inter- SEC. 5. NEGOTIATION OF NEW TREATY MINUTE. possible, the South Bay treatment fa- national agreements with Mexico and cility was constructed in stages. The (a) CONGRESSIONAL STATEMENT.—In light of provides the U.S. authority to enter first stage, which included the ad- the existing threat to the environment and into a public-private partnership with to public health and safety within the United vanced primary treatment of sewage States as a result of the river and ocean pol- a private corporation to help meet the flows, became operational in 1998. lution in the San Diego-Tijuana border re- rapidly growing wastewater treatment However, over the past few years, nu- gion, the Secretary is requested to give the needs in the area. merous significant circumstances have highest priority to the negotiation and exe- I encourage the United States to con- presented themselves, including pre- cution of a new Treaty Minute, or a modi- tinue the current proposal involving a dictions of future population growth in fication of Treaty Minute 283, consistent public-private partnership to address the region justifying a review of the with the provisions of this Act, in order that the treatment problems along the bor- best means of permanently addressing the other provisions of this Act to address der as quickly as possible. such pollution may be implemented as soon the sewage treatment needs in the bor- as possible. I want to commend two of our col- der region. leagues, Mr. Speaker, the gentleman (b) NEGOTIATION.— In response to these needs, the gen- ILBRAY (1) INITIATION.—The Secretary is requested from California (Mr. B ) and the tleman from San Diego, California (Mr. to initiate negotiations with Mexico, within gentleman from California (Mr. FIL- FILNER), and the gentleman from San 60 days after the date of enactment of this NER), who have been like bulldogs on Diego, California (Mr. BILBRAY), intro- Act, for a new Treaty Minute or a modifica- this issue, and have consistently duced H.R. 3378, to expeditiously re- tion of Treaty Minute 283 consistent with brought it before the committee and solve the problem of migrating sewage. the provisions of this Act. now the full House again for their lead- I commend these gentleman for their (2) IMPLEMENTATION.—Implementation of a ership in helping to resolve this signifi- hard work and diligence to resolve this new Treaty Minute or of a modification of cant international health and environ- Treaty Minute 283 under this Act shall be problem that has affected the health subject to the provisions of the National En- mental issue. and safety of their constituents for vironmental Policy Act of 1969 (42 U.S.C. 4321 I urge my colleagues to support this decades. et seq.). bill as amended. H.R. 3378 would direct the Secretary (3) MATTERS TO BE ADDRESSED.—A new Mr. Speaker, I reserve the balance of of State to give the highest priority to Treaty Minute or a modification of Treaty my time. initiate negotiations on a new or re- Minute 283 under paragraph (1) should ad- Mr. TAYLOR of Mississippi. Mr. vised treaty with Mexico for the sec- dress, at a minimum, the following: Speaker, I yield myself such time as I ondary treatment of sewage generated (A) The siting of treatment facilities in may consume. Mexico and in the United States. in the Tijuana River Valley region. (B) Provision for the secondary treatment Mr. Speaker, the legislation under Subject to the negotiation and execu- of effluent from the IWTP at a Mexican facil- consideration today is an attempt to tion of a new treaty, and the avail- ity if such treatment is not provided for at a stem the ongoing flows of untreated ability of adequate appropriations, this facility in the United States. and partially treated sewage that have legislation would authorize the United (C) Provision for additional capacity for impacted the communities and beaches States, acting through the U.S. section advanced primary and secondary treatment of Southern California for almost 70 of the International Boundary and of additional sewage emanating from the Ti- years. Water Commission, to enter into a juana River area, Mexico, in addition to the The U.S.-Mexican border region has treatment capacity for the advanced primary long-term contract with a private com- effluent from the IWTP at the Mexican facil- experienced rapid growth over the past pany for the construction and oper- ity. few decades. The cities of San Diego ation of a secondary treatment facility (D) Provision for any and all approvals and Tijuana, Mexico, though on oppo- in Mexico. from Mexican authorities necessary to facili- site sides of the border, have grown The bill would authorize the con- tate water quality verification and enforce- closer together, both physically and struction of a facility with the capac- ment at the Mexican facility. economically, the fates of the two cit- ity of treating 50 million gallons of (E) Any terms and conditions considered ies. What happens in one city has had sewage per day to secondary levels, necessary to allow for use in the United an impact on the other. This is espe- with the possibility of expanding the States of treated effluent from the Mexican facility, if there is reclaimed water which is cially true in the case of sewage treat- facility by an additional 25 million gal- surplus to the needs of users in Mexico and ment needs in the border region. lons should such levels be found nec- such use is consistent with applicable United Unfortunately, the wastewater treat- essary for the long-term treatment States and California law. ment systems of the City of Tijuana, needs of the region.

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.129 pfrm02 PsN: H12PT1 H7472 CONGRESSIONAL RECORD — HOUSE September 12, 2000 b 2230 the United States are, and should, re- Mr. Speaker, I am very proud to say In addition, to address the con- main clean, pure, and safe. Sadly, over as somebody who has worked on this tracting concerns that have been raised the last 25, 30, 40 years, we have had issue for over a quarter of a century, with this bill, the legislation includes places where there were major break- that I really think that we have fallen provisions requiring, to the extent downs. Frankly, they are not always on an idea that may set an example not practicable, the use of competitive pro- places where we can blame our own in- just for our current relationships with cedures by the owner of the Mexican dustrial commercial or economic or po- Tijuana and Mexico. It may be some- facility in the procurement of property litical or public irresponsibility. thing that our committees of inter- or services for the engineering, con- The Tijuana River happens to flow national relations may want to look struction and operation and mainte- through a community of over 1 million at, and work with committees like the nance of the facility, as well as the people in the Republic of Mexico; and Committee on Transportation and In- commission’s review and approval of it flows north like the Nile, not south frastructure on an international-na- contractors selected to carry out these like the Mississippi. And, it flows to- tional policy, that we pay for outcome functions. wards the United States into an and treatment, not for projects that Also, the bill requires the Inspector estuarian preserve that has been set may, or hopefully will treat; that we General of the Department of State to aside as a critical habitat preservation pay for the actual protection of the en- monitor the implementation of the leg- by the United States, and then flows vironment rather than the promise of islation, to evaluate the extent to into the oceans of the United States the protection of the environment. which the owner has met the terms and flows north through the commu- Now, this bill does not get the job called for in the bill, and to report to nities of Imperial Beach and Coronado. done all by itself, but it opens the door Congress on its findings. I, for one, happen to be an individual that allows us as a region and as a Na- Mr. Speaker, another benefit of this who was raised as a child in Imperial tion to start cooperating with Mexico legislation is that it provides for the Beach and grew up with the hideous in a way that we will ask Mexico to reuse of treated waters in Mexico and, problem of pollution in our waters that meet us halfway, that we will partici- if available, in the United States. By did not come from our neighborhood, pate in the creation of service and in- authorizing the construction of facili- but came from our neighbors. I would frastructure capabilities to avoid the ties capable of treating waste waters to just ask everyone to be very sensitive environmental damage that has hap- potable water, we will help alleviate of the fact that when a young person is pened in the past; to clean up a prob- some of the pressure in finding new raised, it is bad enough for that person lem that has been ignored for all too sources of drinkable waters at a time to go to their beaches and find out that long and to address the fact that Mex- when the communities in Mexico and they cannot go into the water, it is un- ico not only has a challenge that we Southwestern United States are facing safe, it is polluted, it is a danger to are willing to work with them on, but serious water shortages. their life and to the wildlife around has an opportunity to take this prob- Again, I commend the gentlemen them, but to then also be told in less lem and create it into an asset: reus- from California (Mr. FILNER) and (Mr. than tactful ways that it is somebody able water. BILBRAY) for their work on this bill. It else that did this to you, that a foreign Mr. Speaker, I think that we have to is a good bill, and I urge my colleagues government or foreign people imposed recognize that H.R. 3378 provides the to support it. this on your life and your little part of means to implement a plan that the Mr. LATOURETTE. Mr. Speaker, I paradise. City of San Diego, the mayor of Ti- yield such time as he may consume to I think for too long we have allowed juana, the Surfrider Foundation con- the gentleman from California (Mr. that to occur. As the Federal Govern- sistently has found is not only the BILBRAY), one of the authors of the bill ment over the last 30 years has de- right answer here, but may be the an- and the gentleman who advises me he manded and required local commu- swer to many other places where we has been working on this problem for nities to come up and participate in have problems like this. The citizens of his constituents for a quarter of a cen- the cleansing and the cleaning of the the City of Imperial Beach and Coro- tury. waters of the United States, sadly, the nado and San Diego have waited far too (Mr. BILBRAY asked and was given United States for too long has found long for the United States Government permission to revise and extend his re- reasons not to go to our neighbors to to protect them in their environment, marks.) the north or the south and say look, to hold our neighbors to the same Mr. BILBRAY. Mr. Speaker, I want neighbor, good neighbors do not pollute standards that we require of our own to thank the chairman of the Com- each other’s backyard. Do not threaten citizens, and to do it in a manner that mittee on Transportation and Infra- the children of the person on the other does not cause conflict, but creates structure (Mr. SHUSTER) and the gen- side of the fence. Sadly, that has hap- consensus and cooperation. tleman from Minnesota (Mr. OBER- pened for all too long. This bill should be used as a blue- STAR), the ranking member, who I Mr. Speaker, today we are asking for print as how we can work with foreign learned very early when I got to this support of a bill that will work with governments to be able to have an out- floor is very concerned about the qual- Mexico in addressing a Mexican prob- come-based environmental strategy. ity of the waters of this Nation and the lem that is being inflicted on American This bill will enable us to be able to surrounding area, someone who has citizens. Today, we are asking for sup- show how governments and peoples can spent a lot of time working on this port of a bill that says, Mexico recog- work together for not just the good of issue and is very concerned about it. nizes that it has created an environ- the environment, but for the commu- I would also like to thank the gen- mental problem and is willing to work nity at large that shares the environ- tleman from New York (Mr. GILMAN) with us at treating their sewage in ment. and the ranking member of the Com- Mexico, not in the United States. Mr. Speaker, I ask my colleagues mittee on International Relations. I Now, my colleague, the gentleman who strongly express their care and would just like to say sincerely, I want from California (Mr. FILNER), joined need and their desire to protect the en- to thank the gentleman from with me and the gentleman from Cali- vironment to support this bill, and sup- Waveland, Mississippi, home of Little fornia (Mr. CUNNINGHAM) and with the port the concept that if we really care Jays, for being able to give such a gentleman from California (Mr. about the environment, then we will great background for this bill, articu- HUNTER) and with the gentleman from care about it in every square inch of lating this piece of legislation. I appre- California (Mr. PACKARD). Every mem- this Nation, and we will do what we ciate the fact that he got into the de- ber of the delegation of San Diego can, when we can, where we can. tails so that the rest of us do not have County that represents over 3 million The Tijuana sewage problem has to restate them. I think that we can people finds that it is time that the gone on for too long. My children, Mr. talk about the general issue. Federal Government try to think out- Speaker, are second-generation sewage The general issue, Mr. Speaker, is the side the box, try to encourage innova- kids. They have grown up under the fact that as we have set a policy in this tive approaches without compromising cloud that their beaches may be pol- country nationally, that the waters of environmental options. luted at any moment. I want to make

VerDate 12-SEP-2000 07:05 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.215 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7473 sure that my grandchildren do not existed along this border region for decades, Mr. Speaker, throughout my career in public have to be threatened with their beach- as a result of renegade flows of untreated service, I have wholeheartedly supported and es being closed, their environment sewage from Mexico. We have reached a crit- fought for the appropriate treatment of these being polluted. ical point in the rapid growth of the San Diego- renegade flows in order to protect our beach- I want to thank the ranking member Tijuana border region; already, we are experi- es, estuaries, and the United States citizens who is here today for his very, very encing peak sewage flows into the U.S. from who have had to live with this problem for far committed involvement in this, and I Mexico in excess of 75 million gallons per day too long. I am more than willing to spend want to say clearly that I know the (mgd), and it is essential that any treatment whatever time and money may be needed in gentleman from California (Mr. FIL- works that are built are able to respond to and order to deal with this problem comprehen- NER); I have worked with him a long address these ever-increasing flows. We are time. Bob would like to be here; we here today in support of a proposal which will sively and conclusively, but both time and have very critical work he is doing in help to meet and address this threat in a sub- available dollars are extremely precious com- San Diego, and the gentleman from stantive manner. The facilities which would be modities, particularly when the public health California (Mr. HUNTER) and the gen- constructed in Mexico under H.R. 3378 would continues to be at risk. Fortunately for these tleman from California (Mr. allow for development of 50 mgd of treatment citizens and their impacted communities, such CUNNINGHAM) and the gentleman from initially, with the ability to expand its capacity as my hometown of Imperial Beach, this op- California (Mr. PACKARD) all join us in as needed to deal with future flows. Other al- portunity has emerged to ``think outside the saying please join us in protecting our ternatives would be inadequate to meet the re- box'' and implement a progressive and com- part of the United States, to treat our gion's needs, lack the ability to be expanded prehensive strategy that will benefit the entire citizens with the equity that every to treat increasing future flows, and provide no region well into the future. There is tremen- other American has been guaranteed, long term solution for the region. dous and achievable potential in this approach and let us do it while we are working An added and significant benefit of the facili- which, once implemented, can provide a long- with a bright, new, cooperative future ties which will be developed in Mexico under term and comprehensive solution to a chronic with the Republic of Mexico. this bill is their ability to reclaim and reuse environmental program. It would be my hope Mr. Speaker, I rise in strong support of H.R. treated wastewater (which would belong to that the success of this project will influence 3378, and urge my colleagues to again cast Mexico) and make it available to the rapidly policy-makers in both Mexico and the United the votes on behalf of the environment and expanding business and industrial sectors of States, who will recognize the wisdom of mov- public health of the San Diego-Tijuana border Tijuana. In this growing and arid border re- ing away from the old method of doing busi- region. gion, water is a particularly scare and valuable ness and in this new and innovative direction Just over a year ago, Mr. Speaker, the commodity, and water which can be reclaimed in order to better and more effectively address House voted 427±0 in support of a Sense of and reused from these treatment facilities can other environmental challenges faced by both Congress brought by myself and my colleague reduce the high demand for precious potable nations. Mr. FILNER; this resolution expressed the water supplies for drinking and other uses in If we are successful in implementing this Sense of Congress that the governments of Mexican households. the U.S. and Mexico should enter into negotia- process, the children of families in both San In addition to the strong bipartisan support Diego and Tijuana will be able to go to their tions of a new Treaty Minute, to allow for the which Congress has already demonstrated for beaches, play in the estuaries, fish and swim siting of secondary sewage treatment infra- this approach, there is significant support in structure in Mexico, and the development of a the border region as well, ranging from the in the oceans, and live their lives in their com- privately funded Mexican facility to provide for City of San Diego, Mayor of Tijuana, and the munities without the chronic stigma and health the treatment to secondary levels of raw sew- Surfrider Foundation, a conservation organiza- threat of the sewage pollution which has been age originating in Mexico, which continues to tion which is committed to healthy oceans. I an unfortunate fact of life in this region. present a public health threat to citizens and have a brief statement from the Surfrider I want to again thank my colleagues for the their environment on both sides of the border. Foundation which I would ask to be entered My colleagues, by supporting this amend- support they've demonstrated for these goals, into the record at this point, along with a letter and again urge their support for H.R. 3378. ment last July, you were recognizing the need of support from the Mayor of Tijuana, which I to ``think outside the box'' in order to provide TIJUANA, BAJA CALIFORNIA, would also ask to be included. I would like to September 6, 2000. a comprehensive solution for one of the most add, Mr. Speaker, that I am extremely encour- vexing international environmental and public Hon. Brian Bilbray, aged by the responses to this proposal from House of Representatives, Longworth House Of- health challenges we face today. The over- both the Mayor of Tijuana, and from rep- fice Building, Washington, DC. whelming support for that resolution has resentatives of the incoming President of Mex- paved the way for the bill we are considering DEAR CONGRESSMAN BILBRAY: On behalf of ico, Vicente Fox. Let me quote two excerpts todayÐH.R. 3378, the Tijuana River Valley the City of Tijuana, I would like to extend from the Mayor's letter to me: and invitation on your next visit to the re- Estuary and Beach Sewage Cleanup Act of . . . Bajagua represents the kind of entre- gion to visit with me in Tijuana and discuss 2000. My colleague Mr. FILNER and I intro- preneurial solution that will not only help the issue of cross-border sewage flows. Spe- duced this bipartisan bill to fulfill the intent of comprehensively meet both of our constitu- cifically I would to discuss our support and that Sense of Congress, and after its consider- ents’ sewage treatment needs, it will also encouragement for the Bajagua proposal, ation and approval by the Transportation and provide a much needed source of water for which I understand is currently undergoing Infrastructure Committee, and the International the citizens and businesses of Tijuana. review in the United States Congress. Relations Committee, we stand here today at As you know, I am a member of the PAN. Our reasons for support are various and we As such, I feel comfortable stating that the a historic point in U.S.-Mexico environmental can discuss them in more detail at our meet- cooperation, poised to move forward in a mu- Bajagua project is representative of the type of private sector solution that President- ing, but in short, Bajagua represents the tually beneficial manner. kind of entrepreneurial solution that will Before proceeding any further, Mr. Speaker, elect Fox would like to use and extol as a model in Mexico during his administration. not only help comprehensively meet both of I want to specifically thank Transportation our constituent’s sewage treatment needs, it Committee Chairman SHUSTER and Inter- Mr. Speaker, we ought not to underestimate will also provide a much needed source of national Relations Committee Chairman GIL- the historic and precedent-setting potential of water for the citizens and businesses in Ti- MAN, and their respective ranking members, our vote here today. In addition to providing a juana. comprehensive means by which to address Mr. OBERSTAR and Mr. GEJDENSON, for all their As you know, I am a member of the PAN, this border sewage problem, we have the op- hard work in helping to bring this bill to the As such, I feel comfortable stating that floor. It is a credit to the vision of these gentle- portunity to establish a new relationship and Bajagua project is representative of the type men that the San Diego-Tijuana border region way of doing business with our neighbor to the of private sector solution that President- now stands to benefit from the comprehensive south. With this successful blueprint, going elect Fox would like to use and extol as a solution that H.R. 3378 will provide, and I ``outside the box'' to develop solutions to long- model in Mexico during his administration. standing problems will hopefully become the thank them for their ability to see what can be Please let me know of your availability to accomplished here, and their willingness to rule, rather than the exception. It is exciting to meet and discuss this and other issues of mu- work with me and my colleagues in a bipar- see the binational eagerness to move forward tual concern, I look very much to your visit. tisan manner to do so. with this project, and that enthusiasm can be Sincerely, Many of you are well aware of the ongoing sustained and directed at other challenges as FRANCISCO DE LAMADRID, health and environmental threats which have well. Mayor, City of Tijuana.

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00099 Fmt 4634 Sfmt 9920 E:\CR\FM\K12SE7.217 pfrm02 PsN: H12PT1 H7474 CONGRESSIONAL RECORD — HOUSE September 12, 2000 SURFRIDER FOUNDATION POLICY REGARDING Mr. BILBRAY. Mr. Speaker, will the decades to come. Now is the time to DELAYS IN ACHIEVING SECONDARY TREAT- gentleman yield? act. MENT AT THE U.S. MEXICAN BORDER Mr. TAYLOR of Mississippi. I yield Secondly, this is not an issue without JULY 9, 1999 to the gentleman from California. precedent. We have in the past pro- Currently, more than 50 million gallons per Mr. BILBRAY. Mr. Speaker, I know vided authorization for and financing day (mgd) of raw, untreated sewage enters the gentleman is from the great com- of works constructed in another coun- the Tijuana River and the Tijuana Municipal munity of Bay St. Louis. It is just that try that benefit the United States. Spe- Wastewater System. Less than half of this, I always remember that one of the approximately 25 mgd, is treated to advanced cifically, Canada. The Red River on primary standards at the International great landmarks of Bay St. Louis has which Minnesota and North Dakota Wastewater Treatment Plant (ITPO and dis- to be in Waveland; and the gentleman’s border flows north into Canada. The charged into the ocean via the South Bay office, at least your campaign office, is way weather works, it is a little bit ocean outfall. A portion of the remaining un- obviously the greatest location for warmer in Minnesota and North Da- treated sewage, up to 71 mgd, receives some crawfish anywhere in the United kota a little bit earlier than it is in indeterminate level of treatment at the San States, and that is Little Jays. Canada, so that by the time the ice Antonio de Los Buenos Treatment Plant in Mr. TAYLOR of Mississippi. Mr. breakup reaches Canada, it is still fro- Mexico. The remainder of untreated sewage Speaker, I am sure every member of is discharged directly into the nearshore ma- zen in Canada, the water backs up and rine environment at the mount of the Ti- the Kidd family thanks the gentleman floods Minnesota and North Dakota. juana river and at Punta Banderas, 5 miles from California for that great commer- So our Committee on Transportation south of the Border. Together with numerous cial. and Infrastructure, then the Com- other groups, the San Diego County Chapter Mr. Speaker, I yield such time as he mittee on Public Works, 4 decades ago of the Surfrider Foundation is concerned may consume to the gentleman from authorized the construction by the about the environmental impacts and human Minnesota (Mr. OBERSTAR), the ranking Corps of Engineers, in cooperation with health risks of discharging any raw sewage member of the full Committee on the Canadian authorities, of works in into the ocean, as well as effluent that re- Transportation and Infrastructure. Canada to free up ice so the Red River ceives anything less than secondary treat- Mr. OBERSTAR. Mr. Speaker, I yield ment. of the north could flow freely without The Environmental Protection Agency myself such time as I may consume. backing up and causing flooding in the (EPA) and International Boundary and Mr. Speaker, I want to express my United States, a benefit to U.S. citi- Water Commission (IBWC) are required to great appreciation to the gentleman zens from work constructed in another achieve secondary standards of treatment for from Pennsylvania (Mr. SHUSTER) for country and paid for by the United all sewage discharged from the ITP by De- moving this legislation in such an ex- States. cember 2000. Several options for an appro- peditious fashion in bringing it to the priate treatment plant have been considered House floor in order to address and, in b 2245 by EPA and the IBWC, however, no final pre- the process of addressing, resolve a The same principle applies here. That ferred option has been chosen. The frontrunner to date is a 25 mgd secondary long-standing problem. I want to ex- is what is at stake. It is important that treatment plant using ‘‘Completely Mixed press my great appreciation and admi- we undertake this work and that it go Aerated’’ pond technology at the ‘‘Hofer’’ ration to and for the gentleman from forward. Of course, it will require a fur- site adjacent to the ITP. Because the dead- California (Mr. FILNER), who has been ther international agreement between line to begin construction of a secondary dogged and persistent in his determina- the United States and Mexico, which I treatment plant which would be operational tion to address this issue. To the gen- am confident will be forthcoming. by the December date has passed, the agen- tleman from California (Mr. BILBRAY) Again, in conclusion, I commend the cies have sought more time to select a pre- who recently spoke, I would like to ex- gentlemen from California, Mr. FILNER ferred alternative. Additionally, this added time has been sought to fully consider op- press my appreciation for his kind and Mr. BILBRAY, for their farsighted- tions not previously considered, which would words, but also for his persistence, ness in addressing this issue and bring- provide for a comprehensive solution to the practically from the first day he ar- ing this legislation to the floor, and I known and future anticipated volume of sew- rived in this body, in literally descend- urge its overwhelming passage. age. ing upon me and other members of our Mr. FILNER. Mr. Speaker I rise in support of The Surfrider Foundation agrees with committee in appealing for legislative H.R. 3378, a bill providing the best chance for many others that secondary treatment must action to address the problem of clean a comprehensive solution to the problem of be achieved as quickly as possible. The water, the quality of water of the harmful effects to the deep ocean environ- Mexican sewage flowing in to the U.S. and our ment, the public, as well as to the beaches beaches along San Diego, the use of waters. and beach communities of southern San which he is so well known, and for his I introduced H.R. 3378, the Tijuana River Diego County must not continue. However, partnership with the gentleman from Valley Estuary and Beach Sewage Cleanup recognizing that a partial solution is not so- California (Mr. FILNER) and the rest of Act, along with my colleague, Mr. BILBRAY, to lution, the Surfrider Foundation is strongly the San Diego area delegation. end a problem that has plagued the San in favor of a comprehensive solution, fully I would just like to address a couple Diego area for decades. No other district has aware of the risk of slight delay. A com- of issues here that I think are very endured raw sewage from Mexico flowing prehensive solution will offer the benefits of critical. The question has been raised, timeliness as well as the consideration of unabated in their riverbeds and beaches. other priority issues such as the ability to why should the United States be pro- By treating Mexican sewage in Mexico, this treat all present and future flows, impact of viding financial support for, in this bill advances a common-sense solution to the the plant location upon the immediate envi- case, in effect guaranteeing the financ- problem of international sewage along the bor- ronment and population, plant expansion ca- ing of a project built in Mexico? Well, der between the United States. This is a win- pability, feasibility of beneficial water reuse, the first very simple fact is, as the gen- win solution for both countries. The growing proper sludge handling, and the relationship tleman from California (Mr. BILBRAY) amount of sewage currently left untreated by and compatibility of the proposal within the well expressed, the Tijuana River flows Mexico and flowing into the U.S. would be existing system of wastewater treatment on into the United States, part of its treatedÐa win for both countries. And the both the U.S. and Mexico. Therefore, the Surfrider Foundation will course, and then out into the waters treated sewageÐwhich belongs to Mexico to support the EPA and the IBWC in their ef- that both the United States and Mex- begin withÐcould be reused in Mexican indus- forts to provide comprehensive secondary ico share. Furthermore, while there are trial and agricultural endeavors. treatment of all sewage flowing from the Ti- 1 million-plus people in Tijuana and Current plansÐthose short-sighted plans juana River as quickly as possible. about 3 million in the U.S. San Diego supported by both the EPA and International Mr. TAYLOR of Mississippi. Mr. side, this is 4 million headed for 6 mil- Boundary Water Commission (IBWC)Ðcall for Speaker, I thank the ranking member lion in a very few years. The growth is treating less than half of the sewage that fouls for mentioning one of the many great absolutely explosive, both population our beaches and estuaries. It has taken these restaurants in my district, but before growth and economic growth in this bureaucracies 10 years to prepare to build a the people of Bay St. Louis take of- very dynamic region of the North secondary treatment arm of the International fense, I better claim that as my home- American continent. If we do not act Wastewater Treatment (the IWTP). In that town, although Waveland has always now, the waters into which the Tijuana time, the sewage flows have more than dou- been very good to me. flows will be destroyed, perhaps for bled, yet they continue to fight for a plan that

VerDate 12-SEP-2000 06:51 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00100 Fmt 4634 Sfmt 9920 E:\CR\FM\A12SE7.151 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7475 will not solve the problem. The problem in time, and I yield back the balance of that results in improving degraded estuaries beach pollution now is not the quality of the my time. or estuary habitat or creating estuary habi- tat (including both physical and functional outfall coming from the International Waste- Mr. LATOURETTE. Mr. Speaker, I restoration), with the goal of attaining a water Treatment Plant, but a growing quantity urge passage of the bill, and I yield self-sustaining system integrated into the of sewage that Tijuana can't handle. back the balance of my time. surrounding landscape. The plan that Mr. Bilbray and I are advanc- The SPEAKER pro tempore (Mr. (B) INCLUDED ACTIVITIES.—The term ‘‘estu- ing in H.R. 3378 would take care of the grow- PEASE). The question is on the motion ary habitat restoration activity’’ includes— ing quantity of sewage as well as the sewage offered by the gentleman from Ohio (i) the reestablishment of chemical, phys- now being treated at the IWTP. Instead of (Mr. LATOURETTE) that the House sus- ical, hydrologic, and biological features and spending money on an impartial solution, it pend the rules and pass the bill, H.R. components associated with an estuary; would quickly provide a comprehensive solu- 3378, as amended. (ii) except as provided in subparagraph (C), the cleanup of pollution for the benefit of es- tion to the problem. The question was taken; and (two- tuary habitat; This is an acute problem. An official of the thirds having voted in favor thereof) (iii) the control of nonnative and invasive Surfrider foundation said, ``I'm surfing in sew- the rules were suspended and the bill, species in the estuary; age.'' He put it a little less delicatelyÐand it is as amended, was passed. (iv) the reintroduction of species native to not a very genteel situation in my District A motion to reconsider was laid on the estuary, including through such means when sewage washes up on the beach, flows the table. as planting or promoting natural succession; down our rivers and canyons and fouls the (v) the construction of reefs to promote f fish and shellfish production and to provide water where our children should be able to estuary habitat for living resources; and swim worry-free. ESTUARY RESTORATION ACT OF (vi) other activities that improve estuary A solution to not surfing in sewage? Build 2000 habitat. enough sewage treatment to handle the prob- Mr. LATOURETTE. Mr. Speaker, I (C) EXCLUDED ACTIVITIES.—The term ‘‘estu- lem. That's what our bill would do. It says we move to suspend the rules and pass the ary habitat restoration activity’’ does not will pursue a plan that can easily treat 50 mil- include an activity that— bill (H.R. 1775) to catalyze restoration (i) constitutes mitigation required under lion gallons of sewage each dayÐand per- of estuary habitat through more effi- haps even more. any Federal or State law for the adverse ef- cient financing of projects and en- fects of an activity regulated or otherwise The plan makes even more sense when you hanced coordination of Federal and governed by Federal or State law; or know that the Mexican sewage will be re- non-Federal restoration programs, and (ii) constitutes restoration for natural re- claimed and reused by industrial and agricul- for other purposes, as amended. source damages required under any Federal tural users in Mexico to help cover the cost. The Clerk read as follows: or State law. That way, all the hazardous and unhealthy (5) ESTUARY HABITAT RESTORATION H.R. 1775 sewage that now flows into our ocean without PROJECT.—The term ‘‘estuary habitat res- proper treatment will be cleanedÐand much Be it enacted by the Senate and House of Rep- toration project’’ means a project to carry resentatives of the United States of America in out an estuary habitat restoration activity. of it reused so that it never gets to the ocean. Congress assembled, (6) ESTUARY HABITAT RESTORATION PLAN.— We may owe that to our surfersÐbut we SECTION 1. SHORT TITLE. (A) IN GENERAL.—The term ‘‘estuary habi- definitely owe that to our children. I ask you to This Act may be cited as the ‘‘Estuary Res- tat restoration plan’’ means any Federal or support this bill so that this innovative plan to toration Act of 2000’’. State plan for restoration of degraded estu- ary habitat that was developed with the sub- protect the health and safety of San Diegans SEC. 2. PURPOSES. stantial participation of appropriate public can move forward. The purposes of this Act are— and private stakeholders. Mr. BOEHLERT. Mr. Speaker, I thank the (1) to promote the restoration of estuary chairman and ranking member of the Trans- (B) INCLUDED PLANS AND PROGRAMS.—The habitat; term ‘‘estuary habitat restoration plan’’ in- portation and Infrastructure Committee for (2) to develop a national estuary habitat cludes estuary habitat restoration compo- helping to bring H.R. 3378, the Tijuana River restoration strategy for creating and main- nents of— Valley Estuary and Beach Sewage Cleanup taining effective estuary habitat restoration (i) a comprehensive conservation and man- Act, to the House floor for action. partnerships among public agencies at all agement plan approved under section 320 of levels of government and to establish new I also commend Representatives BILBRAY the Federal Water Pollution Control Act (33 partnerships between the public and private U.S.C. 1330); and FILNER of California, who introduced H.R. sectors; 3378, for their dedicated bi-partisan leadership (ii) a lakewide management plan or reme- (3) to provide Federal assistance for estu- dial action plan developed under section 118 in getting us to where we are today. ary habitat restoration projects and to pro- of the Federal Water Pollution Control Act Their bill would authorize the United States mote efficient financing of such projects; and (33 U.S.C. 1268); to take actions to comprehensively address (4) to develop and enhance monitoring and (iii) a management plan approved under the treatment of sewage generated in the area research capabilities to ensure that estuary the Coastal Zone Management Act of 1972 (16 of Tijuana, Mexico that flows untreated or par- habitat restoration efforts are based on U.S.C. 1451 et seq.); and tially treated into the San Diego, California sound scientific understanding and to create (iv) the interstate management plan devel- a national database of estuary habitat res- oped pursuant to the Chesapeake Bay pro- area. toration information. Thie pollution, occurring because the re- gram under section 117 of the Federal Water SEC. 3. DEFINITIONS. gion's wastewater treatment capacity can not Pollution Control Act (33 U.S.C. 1267). In this Act, the following definitions apply: (8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ keep pace with its rapid growth, has created (1) COUNCIL.—The term ‘‘Council’’ means has the meaning given such term by section serious sanitation issues for decades in the the Estuary Habitat Restoration Council es- 4 of the Indian Self-Determination and Edu- U.S. In fact, the city of San Diego has de- tablished by section 5. cation Assistance Act (25 U.S.C. 450b). clared a continued state of emergency since (2) ESTUARY.—The term ‘‘estuary’’ means a (9) NON-FEDERAL INTEREST.—The term 1993 due to the threats to public health and part of a river or stream or other body of ‘‘non-federal interest’’ means a State, a po- the environment resulting from increasing sew- water that has an unimpaired connection litical subdivision of a State, an Indian tribe, age flows into the area. with the open sea and where the sea water is a regional or interstate agency, or, as pro- To provide sufficient wastewater treatment measurably diluted with fresh water derived vided in section 4(g)(2), a nongovernmental from land drainage. The term also includes organization. capacity in the area, H.R. 3378 encourages near coastal waters and wetlands of the (10) SECRETARY.—The term ‘‘Secretary’’ the U.S. to negotiate new international agree- Great Lakes that are similar in form and means the Secretary of the Army. ments with Mexico. It also authorizes the function to estuaries. (11) STATE.—The term ‘‘State’’ means the United States to enter into an innovative pub- (3) ESTUARY HABITAT.—The term ‘‘estuary States of Alabama, Alaska, California, Con- lic-private partnership to construct and operate habitat’’ means the physical, biological, and necticut, Delaware, Florida, Georgia, Ha- a new wastewater treatment facility in Mexico. chemical elements associated with an estu- waii, Illinois, Indiana, Louisiana, Maine, It's time to resolve this serious sanitation ary, including the complex of physical and Maryland, Massachusetts, Michigan, Min- issue that has plagued the San Diego border hydrologic features and living organisms nesota, Mississippi, New Hampshire, New within the estuary and associated eco- Jersey, New York, North Carolina, Ohio, Or- area for decades. I support passage of H.R. systems. egon, Pennsylvania, Rhode Island, South 3378, as amended, and urge my colleagues to (4) ESTUARY HABITAT RESTORATION ACTIV- Carolina, Texas, Virginia, Washington, and do the same. ITY.— Wisconsin, the District of Columbia, the Mr. TAYLOR of Mississippi. Mr. (A) IN GENERAL.—The term ‘‘estuary habi- Commonwealth of Puerto Rico, the Com- Speaker, I have no further requests for tat restoration activity’’ means an activity monwealth of the Northern Mariana Islands,

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.144 pfrm02 PsN: H12PT1 H7476 CONGRESSIONAL RECORD — HOUSE September 12, 2000 the United States Virgin Islands, American ices, or any other form of in-kind contribu- (5) The Secretary of Agriculture (or such Samoa, and Guam. tion determined by the Secretary to be an Secretary’s designee). SEC. 4. ESTUARY HABITAT RESTORATION PRO- appropriate contribution equivalent to the (6) The head of any other Federal agency GRAM. monetary amount required for the non-Fed- designated by the President to serve as an ex (a) ESTABLISHMENT.—There is established eral share of the activity. officio member of the Council. an estuary habitat restoration program (f) INTERIM ACTIONS.— (d) PROHIBITION OF COMPENSATION.—Mem- under which the Secretary may carry out es- (1) IN GENERAL.—Pending completion of the bers of the Council may not receive com- tuary habitat restoration projects and pro- estuary habitat restoration strategy to be pensation for their service as members of the vide technical assistance in accordance with developed under section 7, the Secretary may Council. the requirements of this Act. take interim actions to carry out an estuary (e) CHAIRPERSON.—The chairperson shall be (b) ORIGIN OF PROJECTS.—A proposed estu- habitat restoration activity. elected by the Council from among its mem- ary habitat restoration project shall origi- (2) FEDERAL SHARE.—The Federal share of bers for a 3-year term, except that the first nate from a non-Federal interest consistent the cost of an estuary habitat restoration ac- elected chairperson may serve a term of with State or local laws. tivity before the completion of the estuary fewer than 3 years. (c) REQUIRED ELEMENTS OF PROJECT PRO- habitat restoration strategy shall not exceed (f) CONVENING OF COUNCIL.— POSALS.—To be eligible for the estuary habi- 25 percent of such cost. (1) FIRST MEETING.—The Secretary shall tat restoration program established under (g) COOPERATION OF NON-FEDERAL INTER- convene the first meeting of the Council not this Act, each proposed estuary habitat res- ESTS.— later than 60 days after the date of enact- toration project must— (1) IN GENERAL.—The Secretary shall not ment of this Act for the purpose of electing (1) address restoration needs identified in select an estuary habitat restoration project a chairperson. an estuary habitat restoration plan; until a non-Federal interest has entered into (2) ADDITIONAL MEETINGS.—The chairperson (2) be consistent with the estuary habitat a written agreement with the Secretary in shall convene additional meetings of the restoration strategy developed under section which the non-Federal interest agrees to— Council as often as appropriate to ensure 7; (A) provide all lands, easements, rights-of- that this Act is fully carried out, but not less (3) be technically feasible; way, and relocations and any other elements often than annually. (4) include a monitoring plan that is con- the Secretary determines appropriate under (g) COUNCIL PROCEDURES.—The Council sistent with standards for monitoring devel- subsection (e)(2); and shall establish procedures for voting, the oped under section 8 to ensure that short- (B) provide for maintenance and moni- conduct of meetings, and other matters, as term and long-term restoration goals are toring of the project to the extent the Sec- necessary. achieved; and retary determines necessary. (h) PUBLIC PARTICIPATION.—Meetings of the (5) include satisfactory assurance from the (2) NONGOVERNMENTAL ORGANIZATIONS.— Council shall be open to the public. The non-Federal interests proposing the project Notwithstanding section 221 of the Flood Council shall provide notice to the public of that the non-Federal interests will have ade- Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for such meetings. quate personnel, funding, and authority to any project undertaken under this Act, the SEC. 6. ADVISORY BOARD. carry out and properly maintain the project. Secretary, upon the recommendation of the (a) IN GENERAL.—The Council shall estab- (d) SELECTION OF PROJECTS.— Governor of the State in which the project is lish an advisory board (in this subsection re- (1) IN GENERAL.—The Secretary, after con- located and in consultation with appropriate ferred to as the ‘‘board’’). sidering the advice and recommendations of officials of political subdivisions of such (b) DUTIES.—The board shall provide advice the Council, shall select estuary habitat res- State, may allow a nongovernmental organi- and recommendations to the Council— toration projects taking into account the zation to serve as the non-Federal interest. (1) on the strategy developed pursuant to following factors: (h) DELEGATION OF PROJECT IMPLEMENTA- section 7; and (A) The scientific merit of the project. TION.—In carrying out this Act, the Sec- (B) Whether the project will encourage in- retary may delegate project implementation (2) on the Council’s consideration of pro- creased coordination and cooperation among to another Federal department or agency on posed estuary habitat restoration projects Federal, State, and local government agen- a reimbursable basis if the Secretary, after and the Council’s recommendations to the cies. considering the advice and recommendations Secretary pursuant to section 5(b)(1), includ- (C) Whether the project fosters public-pri- of the Council, determines such delegation is ing advice on the scientific merit, technical vate partnerships and uses Federal resources appropriate. merit, and feasibility of a project. EMBERS to encourage increased private sector in- SEC. 5. ESTABLISHMENT OF ESTUARY HABITAT (c) M .—The Council shall appoint volvement, including consideration of the RESTORATION COUNCIL. members of the board representing diverse amount of private funds or in-kind contribu- (a) COUNCIL.—There is established a coun- public and private interests. Members of the tions for an estuary habitat restoration ac- cil to be known as the ‘‘Estuary Habitat Res- board shall be selected such that the board tivity. toration Council’’. consists of— (D) Whether the project is cost-effective. (b) DUTIES.—The Council shall be respon- (1) 3 members with recognized academic (E) Whether the State in which the non- sible for— scientific expertise in estuary or estuary Federal interest is proposing the project has (1) soliciting, reviewing, and evaluating habitat restoration; a dedicated source of funding to acquire or project proposals and making recommenda- (2) 3 members representing State agencies restore estuary habitat, natural areas, and tions concerning such proposals based on the with expertise in estuary or estuary habitat open spaces for the benefit of estuary habitat factors specified in section 4(d)(1), including restoration; restoration or protection. recommendations as to a priority order for (3) 2 members representing local or re- (F) Other factors that the Secretary deter- carrying out such projects and as to whether gional government agencies with expertise mines to be reasonable and necessary for a project should be carried out by the Sec- in estuary or estuary habitat restoration; consideration. retary or by another Federal department or (4) 2 members representing nongovern- (2) PRIORITY.—In selecting estuary habitat agency under section 4(h); mental organizations with expertise in estu- restoration projects to be carried out under (2) developing and transmitting to Con- ary or estuary habitat restoration; this Act, the Secretary shall give priority gress a national strategy for restoration of (5) 2 members representing fishing inter- consideration to a project if, in addition to estuary habitat; ests; meriting selection based on the factors under (3) periodically reviewing the effectiveness (6) 2 members representing estuary users paragraph (1)— of the national strategy in meeting the pur- other than fishing interests; (A) the project occurs within a watershed poses of this Act and, as necessary, updating (7) 2 members representing agricultural in- in which there is a program being carried out the national strategy; and terests; and that addresses sources of pollution and other (4) providing advice on the development of (8) 2 members representing Indian tribes. activities that otherwise would re-impair the the database, monitoring standards, and re- (d) TERMS.— restored habitat; or port required under sections 8 and 9. (1) IN GENERAL.—Except as provided by sub- (B) the project includes pilot testing or a (c) MEMBERSHIP.—The Council shall be paragraph (B), members of the board shall be demonstration of an innovative technology composed of the following members: appointed for a term of 3 years. having the potential for improved cost-effec- (1) The Secretary (or the Secretary’s des- (2) INITIAL MEMBERS.—As designated by the tiveness in estuary habitat restoration. ignee). chairperson of the Council at the time of ap- (e) COST SHARING.— (2) The Under Secretary for Oceans and At- pointment, of the members first appointed— (1) FEDERAL SHARE.—The Federal share of mosphere of the Department of Commerce (A) 9 shall be appointed for a term of 1 the cost of an estuary habitat restoration (or the Under Secretary’s designee). year; and project carried out under this Act shall not (3) The Administrator of the Environ- (B) 9 shall be appointed for a term of 2 exceed 65 percent of such cost. mental Protection Agency (or the Adminis- years. (2) NON-FEDERAL SHARE.—The non-Federal trator’s designee). (e) VACANCIES.—Whenever a vacancy oc- share of the cost of an estuary habitat res- (4) The Secretary of the Interior, acting curs among members of the board, the Coun- toration project carried out under this Act through the Director of the United States cil shall appoint an appropriate individual to shall include lands, easements, rights-of- Fish and Wildlife Service (or such Sec- fill that vacancy for the remainder of the ap- way, and relocations and may include serv- retary’s designee). plicable term.

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.143 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7477

(f) BOARD LEADERSHIP.—The board shall (D) address other areas of concern that the (4) a review of how the information de- elect from among its members a chairperson Council determines to be appropriate for scribed in paragraphs (1) through (3) has been of the board to represent the board in mat- consideration; incorporated in the selection and implemen- ters related to its duties under this Act. (4) addressing the estimated historic tation of estuary habitat restoration (g) COMPENSATION.—Members of the board losses, estimated current rate of loss, and ex- projects; shall not be considered to be employees of tent of the threat of future loss or degrada- (5) a review of efforts made to maintain an the United States and may not receive com- tion of each type of estuary habitat; appropriate database of restoration projects pensation for their service as members of the (5) measuring the rate of change for each carried out under this Act; and board, except that while engaged in the per- type of estuary habitat; (6) a review of the measures taken to pro- formance of their duties while away from (6) selecting a balance of smaller and larg- vide the information described in paragraphs their homes or regular place of business, er estuary habitat restoration projects; and (1) through (3) to persons with responsibility members of the board may be allowed nec- (7) ensuring equitable geographic distribu- for assisting in the restoration of estuary essary travel expenses as authorized by sec- tion of projects funded under this Act. habitat. tion 5703 of title 5, United States Code. (e) PUBLIC REVIEW AND COMMENT.—Before SEC. 10. FUNDING. (h) TECHNICAL SUPPORT.—Technical sup- the Council adopts a final or revised estuary (a) AUTHORIZATION OF APPROPRIATIONS.— port may be provided to the board by re- habitat restoration strategy, the Secretary (1) ESTUARY HABITAT RESTORATION gional and field staff of the Corps of Engi- shall publish in the Federal Register a draft PROJECTS.—There is authorized to be appro- neers, the Environmental Protection Agen- of the estuary habitat restoration strategy priated to the Secretary for carrying out and cy, the National Oceanic and Atmospheric and provide an opportunity for public review providing technical assistance for estuary Administration, the United States Fish and and comment. habitat restoration projects— Wildlife Service, and the Department of Ag- (f) PERIODIC REVISION.—Using data and in- (A) $30,000,000 for fiscal year 2001; riculture. The Secretary shall coordinate the formation developed through project moni- (B) $35,000,000 for fiscal year 2002; and provision of such assistance. toring and management, and other relevant (C) $45,000,000 for each of fiscal years 2003 (i) ADMINISTRATIVE SUPPORT SERVICES.— information, the Council may periodically through 2005. Upon the request of the board, the Secretary review and update, as necessary, the estuary Such amounts shall remain available until may provide to the board the administrative habitat restoration strategy. expended. support services necessary for the board to SEC. 8. MONITORING OF ESTUARY HABITAT RES- (2) MONITORING.—There is authorized to be carry out its responsibilities under this Act. TORATION PROJECTS. appropriated to the Under Secretary for (j) FUNDING.—From amounts appropriated (a) UNDER SECRETARY.—In this section, the Oceans and Atmosphere of the Department for that purpose under section 10, the Sec- term ‘‘Under Secretary’’ means the Under of Commerce for the acquisition, mainte- retary shall provide funding for the board to Secretary for Oceans and Atmosphere of the nance, and management of monitoring data carry out its duties under this Act. Department of Commerce. on restoration projects carried out under SEC. 7. ESTUARY HABITAT RESTORATION STRAT- (b) DATABASE OF RESTORATION PROJECT IN- this Act, $1,500,000 for each of fiscal years EGY. FORMATION.—The Under Secretary, in con- 2001 through 2005. Such amounts shall re- (a) IN GENERAL.—Not later than 1 year sultation with the Council, shall develop and main available until expended. after the date of enactment of this Act, the maintain an appropriate database of infor- (b) SET-ASIDE FOR ADMINISTRATIVE EX- Council, in consultation with the advisory mation concerning estuary habitat restora- PENSES OF THE COUNCIL AND ADVISORY board established under section 6, shall de- tion projects carried out under this Act, in- BOARD.—Not to exceed 3 percent of the velop an estuary habitat restoration strat- cluding information on project techniques, amounts appropriated for a fiscal year under egy designed to ensure a comprehensive ap- project completion, monitoring data, and subsection (a)(1) or $1,500,000, whichever is proach to maximize benefits derived from es- other relevant information. greater, may be used by the Secretary for ad- tuary habitat restoration projects and to fos- (c) MONITORING DATA STANDARDS.—The ministration and operation of the Council ter the coordination of Federal and non-Fed- Under Secretary, in consultation with the and the advisory board established under eral activities related to restoration of estu- Council, shall develop standard data formats section 6. ary habitat. for monitoring projects, along with require- SEC. 11. GENERAL PROVISIONS. (b) GOAL.—The goal of the strategy shall be (a) AGENCY CONSULTATION AND COORDINA- the restoration of 1,000,000 acres of estuary ments for types of data collected and fre- TION.—In carrying out this Act, the Sec- habitat by the year 2010. quency of monitoring. retary shall, as necessary, consult with, co- (c) INTEGRATION OF ESTUARY HABITAT RES- (d) COORDINATION OF DATA.—The Under operate with, and coordinate its activities TORATION PLANS, PROGRAMS, AND PARTNER- Secretary shall compile information that with the activities of other Federal depart- SHIPS.—In developing the estuary habitat pertains to estuary habitat restoration ments and agencies. restoration strategy, the Council shall— projects from other Federal, State, and local (b) COOPERATIVE AGREEMENTS; MEMORANDA (1) conduct a review of estuary manage- sources and that meets the quality control requirements and data standards established OF UNDERSTANDING.—In carrying out this ment or habitat restoration plans and Fed- Act, the Secretary may— eral programs established under other laws under this section. (e) USE OF EXISTING PROGRAMS.—The Under (1) enter into cooperative agreements with that authorize funding for estuary habitat Federal, State, and local government agen- restoration activities; and Secretary shall use existing programs within the National Oceanic and Atmospheric Ad- cies and other entities; and (2) ensure that the estuary habitat restora- (2) execute such memoranda of under- tion strategy is developed in a manner that ministration to create and maintain the database required under this section. standing as are necessary to reflect the is consistent with the estuary management agreements. or habitat restoration plans. (f) PUBLIC AVAILABILITY.—The Under Sec- retary shall make the information collected (c) FEDERAL AGENCY FACILITIES AND PER- (d) ELEMENTS OF THE STRATEGY.—The estu- SONNEL.—Federal agencies may cooperate in ary habitat restoration strategy shall in- and maintained under this section available to the public. carrying out scientific and other programs clude proposals, methods, and guidance on— necessary to carry out this Act, and may (1) maximizing the incentives for the cre- SEC. 9. REPORTING. provide facilities and personnel, for the pur- ation of new public-private partnerships to (a) IN GENERAL.—At the end of the third pose of assisting the Council in carrying out carry out estuary habitat restoration and fifth fiscal years following the date of its duties under this Act. projects and the use Federal resources to en- enactment of this Act, the Secretary, after (d) IDENTIFICATION AND MAPPING OF courage increased private sector involve- considering the advice and recommendations DREDGED MATERIAL DISPOSAL SITES.—In con- ment in estuary habitat restoration activi- of the Council, shall transmit to Congress a sultation with appropriate Federal and non- ties; report on the results of activities carried out Federal public entities, the Secretary shall (2) ensuring that the estuary habitat res- under this Act. undertake, and update as warranted by toration strategy will be implemented in a (b) CONTENTS OF REPORT.—A report under changed conditions, surveys to identify and manner that is consistent with the estuary subsection (a) shall include— map sites appropriate for beneficial uses of management or habitat restoration plans; (1) data on the number of acres of estuary dredged material for the protection, restora- (3) promoting estuary habitat restoration habitat restored under this Act, including tion, and creation of aquatic and eco- projects to— descriptions of, and partners involved with, logically related habitats, including wet- (A) provide healthy ecosystems in order to projects selected, in progress, and completed lands, in order to further the purposes of this support— under this Act that comprise those acres; Act. (i) wildlife, including endangered and (2) information from the database estab- (e) STUDY OF BIOREMEDIATION TECH- threatened species, migratory birds, and lished under section 8(b) related to ongoing NOLOGY.— resident species of an estuary watershed; and monitoring of projects to ensure that short- (1) IN GENERAL.—Not later than 180 days (ii) fish and shellfish, including commer- term and long-term restoration goals are after the date of enactment of this Act, the cial and recreational fisheries; achieved; Administrator of the Environmental Protec- (B) improve surface and ground water qual- (3) an estimate of the long-term success of tion Agency, with the full participation of ity and quantity, and flood control; varying restoration techniques used in car- the estuarine scientific community, shall (C) provide outdoor recreation and other rying out estuary habitat restoration begin a 2-year study on the efficacy of bio- direct and indirect values; and projects; remediation products.

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.143 pfrm02 PsN: H12PT1 H7478 CONGRESSIONAL RECORD — HOUSE September 12, 2000 (2) REQUIREMENTS.—The study shall— Mr. Speaker, I rise today in support estuaries have been degraded or de- (A) evaluate and assess bioremediation of H.R. 1775, the Estuary Restoration stroyed over the last 100 years. Their technology— Act of 2000. Estuaries and coastal envi- many economic values and their qual- (i) on low-level petroleum hydrocarbon ronments are precious natural re- ity have been either ignored or un- contamination from recreational boat bilges; (ii) on low-level petroleum hydrocarbon sources that need to be restored and known. contamination from stormwater discharges; protected. They provide important Population growth in coastal water- (iii) on nonpoint petroleum hydrocarbon habitat for numerous fish and wildlife, sheds, dredging, draining, bulldozing, discharges; and as well as recreational areas, transpor- paving, pollution, dams, sewage dis- (iv) as a first response tool for petroleum tation linkages, and sources of residen- charges, et cetera, et cetera, et cetera, hydrocarbon spills; and tial and industrial water supplies. have had their impacts. From these (B) recommend management actions to op- It has been estimated that coastal human activities, the loss that we now timize the return of a healthy and balanced and estuarine waters are worth billions have seen of these estuary habitats is ecosystem and make improvements in the quality and character of estuarine waters. of dollars to this country. Yet, despite evident. the inherent value of these areas, for For example, in our coastal States The SPEAKER pro tempore. Pursu- too long we have viewed our Nation’s alone, more than 55 million acres of ant to the rule, the gentleman from oceans, bays, and rivers as convenient wetlands have been destroyed in the Ohio (Mr. LATOURETTE) and the gen- dumping grounds for waste associated last 100 years. In the Chesapeake Bay, tleman from Mississippi (Mr. TAYLOR) with human life and development. 90 percent of the sea grasses that we each will control 20 minutes. However, as we have fortunately know are homes to many of the marine The Chair recognizes the gentleman learned, these earlier practices were a ecosystem life is gone. Only 2 percent from Ohio (Mr. LATOURETTE). mistake, a mistake which we will cor- of the oyster harvest of 100 years ago is Mr. LATOURETTE. Mr. Speaker, I rect. H.R. 1775 will further assist in left. Thirty years ago we harvested 30 yield myself such time as I may con- this effort, providing assistance to re- million pounds of oysters. Now it is sume. store habitat and biological health to less than 1 million. H.R. 1775, the Estuary Restoration the Nation’s estuaries. In San Francisco Bay, 95 percent of Act of 2000, authorizes estuary restora- I want to commend the gentleman its original wetlands have been de- tion projects and requires the develop- from Maryland (Mr. GILCHREST), from stroyed, and only 300 of the original ment of a comprehensive strategy for my family’s ancestral home, for his ef- 6,000 miles of stream habitat in the estuary protection and restoration. forts in sponsoring this legislation. I Central Valley support spawning salm- This bill, which was introduced by support its passage. on. our colleague on the committee, the Mr. LATOURETTE. Mr. Speaker, it is Seventy percent of salt marshes outstanding gentleman from Maryland my pleasure to yield such time as he along Narragansett Bay are being cut (Mr. GILCHREST), will establish the pub- may consume to the gentleman from off from full tidal flow, and 50 percent, lic-private partnerships we need to help Maryland (Mr. GILCHREST), an out- 50 percent have been filled and are vir- preserve and restore water quality, standing representative and the author tually gone forever. water supply, habitat, commercial fish- of the legislation. Louisiana estuaries continue to lose eries, and many recreational opportu- Mr. GILCHREST. Mr. Speaker, I 25,000 acres annually of coastal nities in our Nation’s estuaries. thank the gentleman for yielding time marshes. An area roughly the size of The bill we bring to the floor today to me. Washington, D.C. is lost due to neglect represents the combined efforts of the I would like to invite the gentleman or ignorance or some other human ac- Committee on Transportation and In- from Mississippi (Mr. TAYLOR), as this tivity. For the most part, the loss of frastructure and the Committee on Re- bill passes and the restoration projects each estuary is an accumulation, a sources. begin, to take a canoe trip down one of small accumulation of small develop- I want to extend my thanks to the the more beautiful tidal estuaries of ment projects, almost unseen to the chairman of the Committee on Re- the Chesapeake Bay, the Pocomoke residents’ naked eyes. sources, the gentleman from Alaska River, the ancestral homeland of the Other impacts have destroyed in a (Mr. YOUNG), and also the ranking gentleman from Mississippi, in a canoe, very small way one acre at a time, and member of that committee, the gen- and we will see what progress is being this destruction alone cannot be tleman from California (Mr. GEORGE made. blamed for the loss of our estuaries and MILLER), for their cooperation. I want to thank the staff on the Com- their habitats and wetlands, but the In particular, I also want to give mittee on Transportation and Infra- cumulative effects of the destruction thanks to the chairman of our full structure and the Committee on Re- are surprising in their extent and se- committee, the gentleman from Penn- sources for working together to blend verity. Those tiny little developments, sylvania (Mr. SHUSTER), and also to the our concepts and ideas in a unique another shopping plaza, another road, ranking member of the full committee, fashion so that this bill can be signed another acre filled in, another housing the gentleman from Minnesota (Mr. into law and be successful. development, another building, another OBERSTAR), the subcommittee chair- We now have the capacity, I think, as boat, the extent and severity has man, the gentleman from New York human beings to begin the process of amounted to tens of millions of acres. (Mr. BOEHLERT), and the ranking mem- understanding the complexities of the We can, I think, coordinate Federal, ber, the gentleman from Pennsylvania dynamics of the mechanics of natural State and local management efforts to (Mr. BORSKI), on our committee. processes. The web of life that sustains protect our estuaries. We must also I want to assure our colleagues that all of us is now in the process by us at provide sufficient resources for estuary this bill does not create any new regu- the beginning early stages of under- restoration, without which all of our latory authorities, and that the res- standing. planning and coordination efforts are toration strategy is subject to ade- An Indian philosopher said, I think useless. Our estuaries are sick and quate opportunities for public review his name was Chief Seattle, ‘‘Touch a dying, and planning without implemen- and comment. flower, trouble a star.’’ When human tation is like a diagnosis without any I also support the intent of the bill to activity interferes in a dull way, not a follow-up treatment. If we want to ensure that projects and activities are natural, dynamic way, with the envi- bring estuaries back to health, we need based upon sound scientific under- ronment, it has a negative, degrading to commit the time, money, and cre- standing. I strongly support passage of effect. Our estuaries have been de- ativity necessary to restore the vital H.R. 1775, and urge our colleagues to do graded over the last especially 100 organs that make estuaries live and the same. years. breathe. We know how to do it. Now let Mr. Speaker, I reserve the balance of The process of this bill is to make us roll up our sleeves, put on our boots, my time. the correction so that we work with and get to work. Mr. TAYLOR of Mississippi. Mr. the natural processes by understanding The last comment on this bill, H.R. Speaker, I yield myself such time as I their mechanics as to working against 1775, the National Estuary Habitat Res- may consume. them. Habitats in many of America’s toration Partnership Act, is going to

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.143 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7479 try to restore 1 million acres over 10 What we can do, at least what this I also appreciate the remarks the years. One national park in Alaska, legislation gives us the opportunity to gentleman from Maryland (Mr. one national park in Alaska, is 13 mil- do, is to protect those wetlands and GILCHREST) made about the Great lion acres, so it is a very humble begin- those estuaries that remain. Lakes being included in the auspices of ning. The great salt water estuaries of this this legislation. The Great Lakes rep- It is not about a new layer of Federal world, of which the Chesapeake Bay is resent one-fifth of all the fresh water bureaucracy, however. It is about co- uncontestably the greatest, are the on the face of the Earth. That resource, ordination of existing estuary restora- meeting places of salt and fresh water too, is vital as we consider this estuary tion efforts. This bill will complement where new life forms take place, the legislation. We consider the unique re- the efforts of programs like the Na- creation of new life from the mixing of sources. While the rivers that dis- tional Estuary Program and the Coast- fresh and salt water. It is recognized as charge into the Great Lakes are not al Wetlands Conservation Grants by one of the extraordinary reserves of na- the meeting of salt and fresh water, providing direction to Federal agencies ture. they are the meeting place of different to work together with the States, with We must understand these estuaries aquatic species that, again, result in other governments, with the National better. We must work to protect their the creation of new life. It is important Estuary Program, conservation groups, integrity. that these areas, these Great Lakes es- to get together to address the critical As the gentleman from Maryland has tuaries be considered in the ambit of needs. so well said, while we have addressed this legislation. That means someone from the Corps the problems of point source discharge I appreciate the gentleman’s coopera- of Engineers, someone from the De- that have served to vastly clean up our tion, his work with me to come to this partment of Agriculture, someone from lakes and rivers, we have not yet ade- legislation. I urge the passage of this a State agency, and someone from a quately, not in the least, adequately legislation. nonprofit agency will all stand in the addressed the matter of nonpoint Mr. BOEHLERT. Mr. Speaker, I rise in stream together, forget what their ti- source runoff. strong support of H.R. 1775, the Estuary Res- tles are, but they will roll up their b 2300 toration Act of 2000. First, Let me thank Chairman BUD SHUSTER sleeves with their boots, put the mud If we fail on the one hand to protect and Representatives JIM OBERSTAR and BOB in the right place, and get the catfish wetlands and fail on the other hand to BORSKI of the Transportation and Infrastruc- back in the streams. We can do it. prevent senseless runoff from open I want to thank the gentleman from ture Committee, as well as thank the chairman lands, whether urban and suburban, and ranking member of the Resources Com- Minnesota (Mr. OBERSTAR) for all his residential and shopping center con- work on this effort. Not only are the mittee, for their leadership and cooperation in struction, or agricultural land that is moving this important legislation forward. estuaries and coastal areas going to be inadequately able to protect runoff, if included in this legislation, but also I also want to recognize the leadership of we fail to protect the wetlands on the the bill's sponsor, Representative WAYNE the Great Lakes, and they are great other hand that serve as a great fil- lakes. GILCHREST. tering place, then we will destroy the Estuaries are places where fresh water Mr. TAYLOR of Mississippi. Mr. estuaries of this country and the rest meets the open sea, creating some of the Speaker, I yield myself such time as I of the world. most diverse and productive habitat in the may consume. This legislation moves us in the right Mr. Speaker, I commend my col- country. direction. It does not deal with the fun- For example, 75 percent of the commercial league, the gentleman from Maryland, damental problem of nonpoint source fish and shellfish catch in the United States for articulating so perfectly what needs cleanup, which I hope we will be able to comes from estuaries. Without clean water, to be done. I want to commend him for address in the forthcoming sessions of these fisheries can collapse, creating eco- his efforts. Congress. nomic havoc and destroying a way of life. The Mr. Speaker, I yield the remainder of As reported out of the Committee on recent crisis for lobstermen in Long Island my time to the gentleman from Min- Transportation and Infrastructure, this Sound is vivid reminder of what can happen. nesota (Mr. OBERSTAR), the ranking legislation would have prevented non- More than 70 percent of Americans visit member of the Committee on Trans- profit entities to serve as local sponsor coastal areas every yearÐincluding estuaries portation and Infrastructure. of estuary habitat restoration projects like the Chesapeake Bay that is so dear to Mr. OBERSTAR. Mr. Speaker, I in coordination with the State and Congressman GILCHREST. Fishing, boating, thank the gentleman for yielding time local appropriate officials. and tourism in these areas all depend on to me. I want to compliment the gen- However, during negotiations with clean water. tleman on a very comprehensive state- the Committee on Resources, this pro- More than 110 million people currently live ment of the issue at hand, and also ex- vision was amended to require that in coastal regions. Estuaries provide critical press my appreciation to the chairman nonprofit organizations obtain the rec- water supply for these people. of the full committee, the gentleman ommendation of the governor before, Even Americans who never travel to coastal from Pennsylvania (Mr. SHUSTER), the before they, the nonprofits, would be areas rely on clean estuary habitat. Migratory gentleman from Ohio (Mr. eligible to serve as local sponsors. birds and anadromous fish spend part of their LATOURETTE), the gentleman from New I felt that this would be a very sub- lives in estuaries and part of their lives inland. York (Mr. BOEHLERT), and the gen- stantial burden for nonprofit in light of So duck hunters and fisherman in upstate tleman from Maryland (Mr. the fact that the legislation creates a New York need clean estuaries as much as GILCHREST), for their continuing sur- multilayer competitive review process duck hunters and fisherman in the Chesa- veillance and attention to detail and to ensure funding of only the most wor- peake Bay. hard work on this critically important thy restoration projects and requires Given their important role, it is essential we aspect of our environment. local sponsors to provide 35 percent of increase our efforts to restore and protect our Mr. Speaker, the gentleman from the costs. I do not think we should be estuaries, which are at risk in many areas. Maryland has been dogged in his per- providing or saddling another restric- Population growth, increased development, sistence in his pursuit of protective tion on who is eligible to be a local and other pressures have caused significant legislation which he has so eloquently, sponsor. damage to, and loss of, our estuaries. very touchingly described tonight. I have raised this with the gentleman H.R. 1775 strengthens efforts across the The disappearance of the Nation’s from Pennsylvania (Mr. SHUSTER), the United States, at the Federal, State and local wetlands is one of the greatest losses of chairman of the full committee. He has levels, to restore our valuable estuary habitat: this country. In the Central Mississippi given me his personal assurance that H.R. 1775 authorizes $200 million for the Flyway, we have lost well over 50 per- we will review this matter in further Secretary of the Army to carry out estuary cent of the wetlands that existed at the detail as the bill moves forward habitat restoration projects. time of the formation of this Union. through this body and into conference The Secretary will select these projects in That is an irretrievable loss. No matter with the Senate. I thank him for his consultation with a National Estuary Habitat what we do, we cannot recreate those commitment to work with me on this Council that develops a long-term national es- wetlands that have been lost. matter. tuary restoration strategy.

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00105 Fmt 4634 Sfmt 9920 E:\CR\FM\K12SE7.223 pfrm02 PsN: H12PT1 H7480 CONGRESSIONAL RECORD — HOUSE September 12, 2000 The bill also establishes an advisory board Bay Foundation is exemplary of the type of or- pend the rules and pass the bill, H.R. of experts to provide scientific and technical ganization that the Estuary Restoration Act will 1775, as amended. expertise to the National Council and the Sec- facilitate. The Galveston Bay Foundation The question was taken; and (two- retary. began by restoring small areas measured in thirds having voted in favor thereof) Finally, under H.R. 1775, restoration square feet, and now is pursuing the ambi- the rules were suspended and the bill, projects will be monitored and evaluated to tious goal of restoring 24,000 of the 30,000 as amended, was passed. help ensure their long-term success. estuary acres lost in Galveston Bay. Assisted A motion to reconsider was laid on I urge all Members to support this bill, which by the National Estuary Program, the Gal- the table. takes an important step forward to com- veston Bay Foundation also monitors water f prehensively address restoration of our estu- quality by recruiting and training volunteers aries. and by obtaining and distributing monitoring MISSISSIPPI SOUND RESTORATION Mr. BENTSEN. Mr. Speaker, I rise in sup- equipment. With the passage of the Estuary ACT OF 2000 port of H.R. 1775, the Estuary Restoration Act Restoration Act of 2000, organizations across Mr. LATOURETTE. Mr. Speaker, I of 2000. As an original cosponsor, I believe the country including the Galveston Bay Foun- move to suspend the rules and pass the this bill will be tremendously instrumental for dation can leverage the investment efficiently bill (H.R. 4104) to amend the Federal the restoration of our nation's major estuaries, and effectively on the local level. Water Pollution Control Act to author- including Galveston Bay which borders my I believe that H.R. 1775 is essential to im- ize funding to carry out certain water district in Texas. plement longterm, local estuary conservation Estuaries act as nurseries for much of our quality and barrier island restoration and management plans. Estuaries are integral marine life. These complex and productive projects for the Mississippi Sound, and parts of any nearby community and effect ab- areas urgently need recognition if estuaries for other purposes, as amended. solutely every community. I urge my col- are to continue supporting over 70 million jobs The Clerk read as follows: leagues to pass the Estuary Restoration Act and countless millions of hours of recreation. H.R. 4104 Due to lack of recognition of their value, mil- and invest in the ecological and economic fu- Be it enacted by the Senate and House of Rep- lions of acres of estuaries have been lost over ture of America's coastal areas by providing resentatives of the United States of America in the decades, losses which persist today. In my assistance to those who use it bestÐlocal Congress assembled, district, Galveston Bay is part of the national communities. SECTION 1. SHORT TITLE. estuary program and has suffered troubling Mr. SAXTON. Mr. Speaker, I strongly sup- This Act may be cited as the ‘‘Mississippi habitat loss. It would benefit tremendously port H.R. 1775 and would like to thank the Sound Restoration Act of 2000’’. under this bill. gentleman from Maryland for his tireless work SEC. 2. NATIONAL ESTUARY PROGRAM. Galveston Bay's watershed encompasses on this legislation. (a) FINDING.—Congress finds that the Mis- one of the most heavily industrialized and H.R. 1775 addresses the serious problem of sissippi Sound is an estuary of national signifi- cance. most heavily populated regions in the United declining estuary and coastal wetland habitat throughout the United States. Despite our best (b) ADDITION TO NATIONAL ESTUARY PRO- States. Since the 1950's, 30,000 acres of wet- GRAM.—Section 320(a)(2)(B) of the Federal lands have been lost in the estuary. Waste- efforts, we are continuing to lose valuable coastal and estuary acreage to erosion, sub- Water Pollution Control Act (33 U.S.C. water discharges from communities and indus- 1330(a)(2)(B)) is amended by inserting ‘‘Mis- tries into Galveston Bay account for half of sidence, water quality degradation, invasive sissippi Sound, Mississippi;’’ before ‘‘and Texas' total wastewater discharges every species, contaminated sediments, and other Peconic Bay, New York.’’. year. Like many of America's beloved bays impacts. These areas are biologically impor- SEC. 3. MISSISSIPPI SOUND. and estuaries under these circumstances, the tant for many commercial and recreational fish Title I of the Federal Water Pollution Control productivity of Galveston Bay has declined. In species, shellfish, migratory birds, and other Act (33 U.S.C. 1251 et seq.) is amended by add- addition to the ecological loss, declining pro- wildlife. These areas are also among this na- ing at the end the following: ductivity is an alarming economic trend, be- tion's busiest ports, playing an important role ‘‘SEC. 121. MISSISSIPPI SOUND. cause Galveston Bay produces two-thirds of in the national economy. ‘‘(a) ESTABLISHMENT OF RESTORATION PRO- Texas oyster harvest, one-third of Texas' bay This legislation would provide much-needed GRAM.—The Administrator shall establish with- shrimp catch, and one-quarter of Texas' blue assistance to halt the degradation of these in the Environmental Protection Agency the Mississippi Sound Restoration Program. crab catch. Declining productivity also means areas while allowing continued economic uses. Restoration projects are expensive, and ‘‘(b) PURPOSE.—The purpose of the program reduced recreation for a Bay that currently shall be to restore the ecological health of the supports the third largest recreational boating H.R. 1775 creates new Federal, State, and Sound, including barrier islands, coastal wet- fleet in the United States. In response, the local partnerships to undertake these projects. lands, keys, and reefs, by developing and fund- local community has reacted, but recognition H.R. 1775 builds upon the existing authori- ing restoration projects and related scientific and support have been limited. ties and expertise of the Army Corps of Engi- and public education projects and by coordi- This act's defining principle is grassroots ac- neers, with the help of Federal partners such nating efforts among Federal, State, and local tion. The bill authorizes $315 million over 5 as NOAA and the U.S. Fish and Wildlife Serv- governmental agencies and nonregulatory orga- years for matching grant funds to be used by ice. This bill requires that restoration projects nizations. include a monitoring component to ensure that ‘‘(c) DUTIES.—In carrying out the program, nonprofit groups, State and local governments, the Administrator shall— neighborhood associations, schools, and con- we learn from these restoration projects and ‘‘(1) provide administrative and technical as- cerned citizen organizations like the Galveston continue to find innovative solutions. sistance to a management conference convened Bay Foundation. The goal of this $315 million Mr. Speaker, H.R. 1775 represents the hard for the Sound under section 320; is the restoration of 1 million acres of estuary work of both the Transportation and Re- ‘‘(2) assist and support the activities of the over the next 10 years, so that our estuaries sources Committees, and it is an innovative management conference, including the imple- can continue producing food, flood mitigation, approach to on-the ground projects. I urge an mentation of recommendations of the manage- water quality employment, and recreational ``aye'' vote on this legislation. ment conference; benefits along American coastlines. This bill Mr. LATOURETTE. Mr. Speaker, we ‘‘(3) support environmental monitoring of the Sound and research to provide necessary tech- provides a $315 million investment to ensure have no additional requests for time. We will be prepared to yield back when nical and scientific information; the sustainability of activities that contribute ‘‘(4) develop a comprehensive research plan to well over $100 billion to the U.S. economy. the gentleman from Mississippi (Mr. address the technical needs of the program; The matching grants will rehabilitate our Na- TAYLOR) does the same. ‘‘(5) coordinate the grant, research, and plan- tion's estuaries by allowing local volunteer res- Mr. TAYLOR of Mississippi. Mr. ning programs authorized under this section; toration activities to continue, strengthen, and Speaker, I have no additional requests and take-off. Priority will be given to projects which for time, and I yield back the balance ‘‘(6) collect and make available to the public build partnerships between public and private of my time. publications, and other forms of information the groups, relationships which can continue long Mr. LATOURETTE. Mr. Speaker, I management conference determines to be appro- urge passage of the bill, and I yield priate, relating to the environmental quality of after the period of this act. We in the Federal the Sound. back the balance of my time. Government should make the prudent decision ‘‘(d) GRANTS.—The Administrator may make to invest in America's quality of life, environ- The SPEAKER pro tempore (Mr. grants— ment, and economy by passing H.R. 1775. PEASE). The question is on the motion ‘‘(1) for restoration projects and studies rec- As proof of the ability of local communities offered by the gentleman from Ohio ommended by a management conference con- to take on estuary restoration, the Galveston (Mr. LATOURETTE) that the House sus- vened for the Sound under section 320; and

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00106 Fmt 4634 Sfmt 6333 E:\CR\FM\A12SE7.153 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7481 ‘‘(2) for public education projects rec- lar to the Chesapeake Bay in charac- Pennsylvania (Chairman SHUSTER) for ommended by the management conference. teristics with the bays and coastal bringing this legislation to the com- ‘‘(e) DEFINITIONS.—In this section, the fol- marshes, is facing the same sort of mittee and to the floor so expedi- lowing definitions apply: ‘‘(1) SOUND.—The term ‘Sound’ means the stress that the Chesapeake Bay and tiously, and to compliment the gen- Mississippi Sound located on the Gulf Coast of other estuarine areas around the coun- tleman from Mississippi (Mr. TAYLOR) the State of Mississippi. try have faced. for his dogged pursuit of this legisla- ‘‘(2) PROGRAM.—The term ‘program’ means Although we still have record oyster tion. He has been a relentless advocate the Mississippi Sound Restoration Program es- harvest, we are having a phenomenal for action on the Mississippi Sound. tablished under subsection (a). shrimp season this year, the bottom The restoration act that he brings to ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— line is that, much as the gentleman the floor tonight is one that he has There is authorized to be appropriated championed for many years and advo- $10,000,000 to carry out this section. Such sums from Maryland (Mr. GILCHREST) men- shall remain available until expended.’’. tioned, our losses of coastal marshes cated vigorously within the committee SEC. 4. SENSE OF THE CONGRESS. are not taking place in hundreds of and is one that will stand as a crown It is the sense of the Congress that all recipi- acres or thousands of acres, but truly jewel in his legislative achievement. ents of grants under this Act (including amend- an acre at a time, just as he mentioned Much progress has been made under ments made by this Act) shall abide by the Buy it. the Clean Water Act since 1972, but American Act. The Administrator of the Envi- Although 1,200 acres were permitted many bodies of water still require addi- ronmental Protection Agency shall give notice of to be filled by the Corps of Engineers tional attention and resources to the Buy American Act requirements to grant ap- achieve the clean water goals that we plicants under this Act. last year, this is not a police state. I think it is fair to say, if 1,200 acres set forth 28 years ago. The SPEAKER pro tempore. Pursu- The unique ecosystem in southern were permitted, probably 5,000 acres ant to the rule, the gentleman from Mississippi that covers 2,400 square were truly lost. Ohio (Mr. LATOURETTE) and the gen- miles with a drainage basin, as the gen- What we are trying to do is restore tleman from Mississippi (Mr. TAYLOR) tleman from Mississippi (Mr. TAYLOR) some of the mistakes that man has each will control 20 minutes. said, that extends from Mississippi into made along the Mississippi Gulf Coast The Chair recognizes the gentleman Louisiana, is one of the great jewels of using the resources available. from Ohio (Mr. LATOURETTE). our natural resources in the United We would like to be a pilot project in Mr. LATOURETTE. Mr. Speaker, I States. But much of the problem that yield myself such time as I may con- the United States of America for the this legislation will address bears a sume. beneficial use of dredge material when made-in-other-States label. Mr. Speaker, the purpose of H.R. 4104, the Federal Government dredges and The runoff from 10 States all along introduced by the gentleman from Mis- maintains its channels. Rather than the Mississippi drainage basin all the sissippi (Mr. TAYLOR) is to authorize fi- taking that offshore and dumping it, way to Canada wind up in this eco- nancial and technical assistance for we want to use that material to rebuild system. All the rest of us have a re- water quality restoration activities in and restore our coastal marshes, to re- sponsibility to help Mississippi and the Mississippi Sound. build our barrier islands. We want to Louisiana and the Mississippi Sound H.R. 4104 provides a framework for take the riprap that is created from area protect this diverse environment, voluntary and cooperative efforts to re- Federal projects and start rebuilding this essential habitat for an extraor- store the Mississippi Sound by identi- some of the reefs that were unneces- dinary variety of species of fish, birds, fying the Mississippi Sound as an estu- sarily destroyed in the 1950s and 1960s mammals, and plants. to provide aggregate material for ary of national significance rec- b 2310 ommended for inclusion in the Na- building roads. The legislation the gentleman has so tional Estuary Program, and also cre- We have a lot of opportunities. What we need more than anything else is a thoughtfully crafted will move us ating a Mississippi Sound program along in that direction, and I greatly within EPA to coordinate and provide game plan entailing the entire three coastal counties and our partners in appreciate his leadership, that of our assistance to State and local efforts, to committee, the subcommittee chair- reduce pollution and restore the eco- Louisiana, since we were part of the Lake Pontchartrain Basin as well, to man, the gentleman from New York logical health of the Sound. (Mr. BOEHLERT); the gentleman tonight I want to commend the gentleman work together to take this jewel that God created and make it as pristine as who presents the bill, the gentleman from Mississippi (Mr. TAYLOR) for mov- from Ohio (Mr. LATOURETTE), who has ing this legislation to the floor so expe- possible. I know the hour is late. I do not been such a strong voice for protection ditiously, and I support the legislation, of the Great Lakes and the nonindige- and I urge an aye vote. think it needs any further explanation. I want to thank the gentleman from nous invasive species legislation that Mr. Speaker, I reserve the balance of he championed and I have cosponsored Ohio (Mr. LATOURETTE) for his help. I my time. with him. want to thank the gentleman from Mr. TAYLOR of Mississippi. Mr. His understanding there brings to Minnesota (Mr. OBERSTAR), the ranking Speaker, I yield myself such time as I bear a new dimension, an important di- may consume. member of the Committee on Trans- mension on this legislation being con- Mr. Speaker, I thank the gentleman portation and Infrastructure, for his sidered tonight. I urge its enactment. from Ohio (Mr. LATOURETTE) for his re- great assistance in getting this on the Mr. BOEHLERT. Mr. Speaker, H.R. 4104, marks. calendar tonight. the Mississippi Sound Restoration Act of 2000, Mr. Speaker, one of the best-kept se- Mr. Speaker, I reserve the balance of amends the Clean Water Act to require EPA crets in America is no longer a well- my time. to establish a Mississippi Sound Restoration kept secret. The Mississippi coast, with Mr. LATOURETTE. Mr. Speaker, we Program, and to carry out water quality and the advent of legalized gaming, has have no requests for time. I also urge environmental restoration projects for the gone from a relatively quiet back- passage of the bill. Sound. water community to one of the most Mr. Speaker, I reserve the balance of I commend Representative GENE TAYLOR for popular destination resorts in the my time. introducing H.R. 4104, a bill that will help re- United States of America. The Gulfport Mr. TAYLOR of Mississippi. Mr. store and protect one more of our national airport that traditionally handled over Speaker, I yield such time as he may treasures. 200,000 people will board over a million consume to the gentleman from Min- I also thank the chairman and ranking mem- people this year. nesota (Mr. OBERSTAR), ranking mem- ber of the Transportation and Infrastructure All that being said, there are a heck ber, one of the gentlemen who was so Committee for helping to bring this bill to the of a lot more people using the Mis- helpful in bringing this to the floor to- House floor for action. sissippi Sound than ever before, a heck night. I support passage of H.R. 4104, and urge of a lot more people living in the vicin- Mr. OBERSTAR. Mr. Speaker, I my colleagues to do the same. ity of it. thank the gentleman for yielding me Mr. TAYLOR of Mississippi. Mr. In all of the estuarine area in the this time. I want to, again, express my Speaker, I yield back the balance of Mississippi gulf coast, which is so simi- appreciation to the gentleman from my time.

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.148 pfrm02 PsN: H12PT1 H7482 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Mr. LATOURETTE. Mr. Speaker, I Sec. 502. Nitrogen credit trading system and (4) ESTUARY HABITAT RESTORATION ACTIV- yield back the balance of my time. other measures. ITY.— The SPEAKER pro tempore (Mr. Sec. 503. Assistance for distressed commu- (A) IN GENERAL.—The term ‘‘estuary habi- nities. tat restoration activity’’ means an activity PEASE). The question is on the motion Sec. 504. Reauthorization of appropriations. that results in improving degraded estuaries offered by the gentleman from Ohio TITLE VI—LAKE PONTCHARTRAIN BASIN or estuary habitat or creating estuary habi- (Mr. LATOURETTE) that the House sus- RESTORATION tat (including both physical and functional pend the rules and pass the bill, H.R. restoration), with the goal of attaining a Sec. 601. Short title. 4104, as amended. self-sustaining system integrated into the Sec. 602. National estuary program. surrounding landscape. The question was taken; and (two- Sec. 603. Lake Pontchartrain Basin. (B) INCLUDED ACTIVITIES.—The term ‘‘estu- thirds having voted in favor thereof) Sec. 604. Sense of Congress. ary habitat restoration activity’’ includes— the rules were suspended and the bill, TITLE VII—ALTERNATIVE WATER as amended, was passed. (i) the reestablishment of chemical, phys- SOURCES ical, hydrologic, and biological features and The title of the bill was amended so Sec. 701. Short title. components associated with an estuary; as to read: Sec. 702. Grants for alternative water source (ii) except as provided in subparagraph (C), ‘‘A bill to amend the Federal Water Pollu- projects. the cleanup of pollution for the benefit of es- tion Control Act to authorize funding to Sec. 703. Sense of Congress; requirement re- tuary habitat; carry out certain water quality and environ- garding notice. (iii) the control of nonnative and invasive mental restoration projects for the Mis- TITLE VIII—CLEAN LAKES species in the estuary; sissippi Sound, Mississippi, and for other (iv) the reintroduction of species native to purposes.’’. Sec. 801. Grants to States. the estuary, including through such means Sec. 802. Demonstration program. as planting or promoting natural succession; A motion to reconsider was laid on Sec. 803. Sense of Congress; requirement re- the table. (v) the construction of reefs to promote garding notice. fish and shellfish production and to provide f TITLE IX—MISSISSIPPI SOUND estuary habitat for living resources; and CLEAN WATERS AND BAYS ACT OF RESTORATION (vi) other activities that improve estuary 2000 Sec. 901. Short title. habitat. Sec. 902. National estuary program. (C) EXCLUDED ACTIVITIES.—The term ‘‘estu- Mr. LATOURETTE. Mr. Speaker, I Sec. 903. Mississippi Sound. ary habitat restoration activity’’ does not move to suspend the rules and pass the Sec. 904. Sense of Congress. include an activity that— Senate bill (S. 835) to encourage the TITLE X—TIJUANA RIVER VALLEY (i) constitutes mitigation required under restoration of estuary habitat through ESTUARY AND BEACH CLEANUP any Federal or State law for the adverse ef- more efficient project financing and fects of an activity regulated or otherwise Sec. 1001. Short title. governed by Federal or State law; or enhanced coordination of Federal and Sec. 1002. Purpose. (ii) constitutes restoration for natural re- non-Federal restoration programs, and Sec. 1003. Definitions. source damages required under any Federal for other purposes, as amended. Sec. 1004. Actions to be taken by the Com- or State law. The Clerk read as follows: mission and the Administrator. (5) ESTUARY HABITAT RESTORATION Sec. 1005. Negotiation of new treaty minute. S. 835 PROJECT.—The term ‘‘estuary habitat res- Sec. 1006. Authorization of appropriations. Be it enacted by the Senate and House of Rep- toration project’’ means a project to carry resentatives of the United States of America in TITLE I—ESTUARY RESTORATION out an estuary habitat restoration activity. Congress assembled, SEC. 101. SHORT TITLE. (6) ESTUARY HABITAT RESTORATION PLAN.— (A) IN GENERAL.—The term ‘‘estuary habi- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. This title may be cited as the ‘‘Estuary tat restoration plan’’ means any Federal or (a) SHORT TITLE.—This Act may be cited as Restoration Act of 2000’’. State plan for restoration of degraded estu- the ‘‘Clean Waters and Bays Act of 2000’’. SEC. 102. PURPOSES. ary habitat that was developed with the sub- (b) TABLE OF CONTENTS.— The purposes of this title are— Sec. 1. Short title; table of contents. stantial participation of appropriate public (1) to promote the restoration of estuary and private stakeholders. TITLE I—ESTUARY RESTORATION habitat; (B) INCLUDED PLANS AND PROGRAMS.—The Sec. 101. Short title. (2) to develop a national estuary habitat term ‘‘estuary habitat restoration plan’’ in- Sec. 102. Purposes. restoration strategy for creating and main- cludes estuary habitat restoration compo- Sec. 103. Definitions. taining effective estuary habitat restoration nents of— Sec. 104. Estuary habitat restoration pro- partnerships among public agencies at all (i) a comprehensive conservation and man- gram. levels of government and to establish new agement plan approved under section 320 of Sec. 105. Establishment of Estuary Habitat partnerships between the public and private the Federal Water Pollution Control Act (33 Restoration Council. sectors; U.S.C. 1330); Sec. 106. Advisory board. (3) to provide Federal assistance for estu- Sec. 107. Estuary habitat restoration strat- (ii) a lakewide management plan or reme- ary habitat restoration projects and to pro- dial action plan developed under section 118 egy. mote efficient financing of such projects; and Sec. 108. Monitoring of estuary habitat res- of the Federal Water Pollution Control Act (4) to develop and enhance monitoring and (33 U.S.C. 1268); toration projects. research capabilities to ensure that estuary Sec. 109. Reporting. (iii) a management plan approved under Sec. 110. Funding. habitat restoration efforts are based on the Coastal Zone Management Act of 1972 (16 Sec. 111. General provisions. sound scientific understanding and to create U.S.C. 1451 et seq.); and a national database of estuary habitat res- TITLE II—CHESAPEAKE BAY (iv) the interstate management plan devel- toration information. RESTORATION oped pursuant to the Chesapeake Bay pro- SEC. 103. DEFINITIONS. gram under section 117 of the Federal Water Sec. 201. Short title. Sec. 202. Findings and purposes. In this title, the following definitions Pollution Control Act (33 U.S.C. 1267). Sec. 203. Chesapeake Bay. apply: (8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ Sec. 204. Sense of Congress; requirement re- (1) COUNCIL.—The term ‘‘Council’’ means has the meaning given such term by section garding notice. the Estuary Habitat Restoration Council es- 4 of the Indian Self-Determination and Edu- TITLE III—NATIONAL ESTUARY tablished by section 105. cation Assistance Act (25 U.S.C. 450b). PROGRAM (2) ESTUARY.—The term ‘‘estuary’’ means a (9) NON-FEDERAL INTEREST.—The term part of a river or stream or other body of ‘‘non-federal interest’’ means a State, a po- Sec. 301. Additions to national estuary pro- water that has an unimpaired connection litical subdivision of a State, an Indian tribe, gram. with the open sea and where the sea water is a regional or interstate agency, or, as pro- Sec. 302. Grants. Sec. 303. Authorization of appropriations. measurably diluted with fresh water derived vided in section 104(g)(2), a nongovernmental from land drainage. The term also includes organization. TITLE IV—FLORIDA KEYS WATER near coastal waters and wetlands of the (10) SECRETARY.—The term ‘‘Secretary’’ QUALITY Great Lakes that are similar in form and means the Secretary of the Army. Sec. 401. Short title. function to estuaries. (11) STATE.—The term ‘‘State’’ means the Sec. 402. Florida Keys water quality im- (3) ESTUARY HABITAT.—The term ‘‘estuary States of Alabama, Alaska, California, Con- provements. habitat’’ means the physical, biological, and necticut, Delaware, Florida, Georgia, Ha- Sec. 403. Sense of Congress; requirement re- chemical elements associated with an estu- waii, Illinois, Indiana, Louisiana, Maine, garding notice. ary, including the complex of physical and Maryland, Massachusetts, Michigan, Min- TITLE V—LONG ISLAND SOUND hydrologic features and living organisms nesota, Mississippi, New Hampshire, New RESTORATION within the estuary and associated eco- Jersey, New York, North Carolina, Ohio, Or- Sec. 501. Short title. systems. egon, Pennsylvania, Rhode Island, South

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Carolina, Texas, Virginia, Washington, and (2) NON-FEDERAL SHARE.—The non-Federal (3) The Administrator of the Environ- Wisconsin, the District of Columbia, the share of the cost of an estuary habitat res- mental Protection Agency (or the Adminis- Commonwealth of Puerto Rico, the Com- toration project carried out under this title trator’s designee). monwealth of the Northern Mariana Islands, shall include lands, easements, rights-of- (4) The Secretary of the Interior, acting the United States Virgin Islands, American way, and relocations and may include serv- through the Director of the United States Samoa, and Guam. ices, or any other form of in-kind contribu- Fish and Wildlife Service (or such Sec- SEC. 104. ESTUARY HABITAT RESTORATION PRO- tion determined by the Secretary to be an retary’s designee). GRAM. appropriate contribution equivalent to the (5) The Secretary of Agriculture (or such (a) ESTABLISHMENT.—There is established monetary amount required for the non-Fed- Secretary’s designee). an estuary habitat restoration program eral share of the activity. (6) The head of any other Federal agency under which the Secretary may carry out es- (f) INTERIM ACTIONS.— designated by the President to serve as an ex tuary habitat restoration projects and pro- (1) IN GENERAL.—Pending completion of the officio member of the Council. vide technical assistance in accordance with estuary habitat restoration strategy to be (d) PROHIBITION OF COMPENSATION.—Mem- the requirements of this title. developed under section 107, the Secretary bers of the Council may not receive com- (b) ORIGIN OF PROJECTS.—A proposed estu- may take interim actions to carry out an es- pensation for their service as members of the ary habitat restoration project shall origi- tuary habitat restoration activity. Council. nate from a non-Federal interest consistent (2) FEDERAL SHARE.—The Federal share of (e) CHAIRPERSON.—The chairperson shall be with State or local laws. the cost of an estuary habitat restoration ac- elected by the Council from among its mem- (c) REQUIRED ELEMENTS OF PROJECT PRO- tivity before the completion of the estuary bers for a 3-year term, except that the first POSALS.—To be eligible for the estuary habi- habitat restoration strategy shall not exceed elected chairperson may serve a term of tat restoration program established under 25 percent of such cost. fewer than 3 years. this title, each proposed estuary habitat res- (g) COOPERATION OF NON-FEDERAL INTER- (f) CONVENING OF COUNCIL.— toration project must— ESTS.— (1) FIRST MEETING.—The Secretary shall (1) address restoration needs identified in (1) IN GENERAL.—The Secretary shall not convene the first meeting of the Council not an estuary habitat restoration plan; select an estuary habitat restoration project later than 60 days after the date of enact- (2) be consistent with the estuary habitat until a non-Federal interest has entered into ment of this Act for the purpose of electing restoration strategy developed under section a written agreement with the Secretary in a chairperson. 107; which the non-Federal interest agrees to— (2) ADDITIONAL MEETINGS.—The chairperson (3) be technically feasible; (A) provide all lands, easements, rights-of- shall convene additional meetings of the (4) include a monitoring plan that is con- way, and relocations and any other elements Council as often as appropriate to ensure sistent with standards for monitoring devel- the Secretary determines appropriate under that this title is fully carried out, but not oped under section 108 to ensure that short- subsection (e)(2); and less often than annually. term and long-term restoration goals are (B) provide for maintenance and moni- (g) COUNCIL PROCEDURES.—The Council achieved; and toring of the project to the extent the Sec- shall establish procedures for voting, the (5) include satisfactory assurance from the retary determines necessary. conduct of meetings, and other matters, as non-Federal interests proposing the project (2) NONGOVERNMENTAL ORGANIZATIONS.— necessary. that the non-Federal interests will have ade- Notwithstanding section 221 of the Flood (h) PUBLIC PARTICIPATION.—Meetings of the quate personnel, funding, and authority to Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for Council shall be open to the public. The carry out and properly maintain the project. any project undertaken under this title, the Council shall provide notice to the public of (d) SELECTION OF PROJECTS.— Secretary, upon the recommendation of the such meetings. (1) IN GENERAL.—The Secretary, after con- Governor of the State in which the project is SEC. 106. ADVISORY BOARD. sidering the advice and recommendations of located and in consultation with appropriate (a) IN GENERAL.—The Council shall estab- the Council, shall select estuary habitat res- officials of political subdivisions of such lish an advisory board (in this section re- toration projects taking into account the State, may allow a nongovernmental organi- ferred to as the ‘‘board’’). following factors: zation to serve as the non-Federal interest. (b) DUTIES.—The board shall provide advice (A) The scientific merit of the project. (h) DELEGATION OF PROJECT IMPLEMENTA- and recommendations to the Council— (B) Whether the project will encourage in- TION.—In carrying out this title, the Sec- (1) on the strategy developed pursuant to creased coordination and cooperation among retary may delegate project implementation section 107; and Federal, State, and local government agen- to another Federal department or agency on (2) on the Council’s consideration of pro- cies. a reimbursable basis if the Secretary, after posed estuary habitat restoration projects (C) Whether the project fosters public-pri- considering the advice and recommendations and the Council’s recommendations to the vate partnerships and uses Federal resources of the Council, determines such delegation is Secretary pursuant to section 105(b)(1), in- to encourage increased private sector in- appropriate. cluding advice on the scientific merit, tech- volvement, including consideration of the nical merit, and feasibility of a project. SEC. 105. ESTABLISHMENT OF ESTUARY HABITAT amount of private funds or in-kind contribu- (c) MEMBERS.—The Council shall appoint RESTORATION COUNCIL. tions for an estuary habitat restoration ac- members of the board representing diverse tivity. (a) COUNCIL.—There is established a coun- public and private interests. Members of the (D) Whether the project is cost-effective. cil to be known as the ‘‘Estuary Habitat Res- board shall be selected such that the board (E) Whether the State in which the non- toration Council’’. consists of— Federal interest is proposing the project has (b) DUTIES.—The Council shall be respon- (1) 3 members with recognized academic a dedicated source of funding to acquire or sible for— scientific expertise in estuary or estuary restore estuary habitat, natural areas, and (1) soliciting, reviewing, and evaluating habitat restoration; open spaces for the benefit of estuary habitat project proposals and making recommenda- (2) 3 members representing State agencies restoration or protection. tions concerning such proposals based on the with expertise in estuary or estuary habitat (F) Other factors that the Secretary deter- factors specified in section 104(d)(1), includ- restoration; mines to be reasonable and necessary for ing recommendations as to a priority order (3) 2 members representing local or re- consideration. for carrying out such projects and as to gional government agencies with expertise (2) PRIORITY.—In selecting estuary habitat whether a project should be carried out by in estuary or estuary habitat restoration; restoration projects to be carried out under the Secretary or by another Federal depart- (4) 2 members representing nongovern- this title, the Secretary shall give priority ment or agency under section 104(h); mental organizations with expertise in estu- consideration to a project if, in addition to (2) developing and transmitting to Con- ary or estuary habitat restoration; meriting selection based on the factors under gress a national strategy for restoration of (5) 2 members representing fishing inter- paragraph (1)— estuary habitat; ests; (A) the project occurs within a watershed (3) periodically reviewing the effectiveness (6) 2 members representing estuary users in which there is a program being carried out of the national strategy in meeting the pur- other than fishing interests; that addresses sources of pollution and other poses of this title and, as necessary, updat- (7) 2 members representing agricultural in- activities that otherwise would re-impair the ing the national strategy; and terests; and restored habitat; or (4) providing advice on the development of (8) 2 members representing Indian tribes. (B) the project includes pilot testing or a the database, monitoring standards, and re- (d) TERMS.— demonstration of an innovative technology port required under sections 108 and 109. (1) IN GENERAL.—Except as provided by sub- having the potential for improved cost-effec- (c) MEMBERSHIP.—The Council shall be paragraph (B), members of the board shall be tiveness in estuary habitat restoration. composed of the following members: appointed for a term of 3 years. (e) COST SHARING.— (1) The Secretary (or the Secretary’s des- (2) INITIAL MEMBERS.—As designated by the (1) FEDERAL SHARE.—The Federal share of ignee). chairperson of the Council at the time of ap- the cost of an estuary habitat restoration (2) The Under Secretary for Oceans and At- pointment, of the members first appointed— project carried out under this title shall not mosphere of the Department of Commerce (A) 9 shall be appointed for a term of 1 exceed 65 percent of such cost. (or the Under Secretary’s designee). year; and

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.127 pfrm02 PsN: H12PT1 H7484 CONGRESSIONAL RECORD — HOUSE September 12, 2000 (B) 9 shall be appointed for a term of 2 (ii) fish and shellfish, including commer- term and long-term restoration goals are years. cial and recreational fisheries; achieved; (e) VACANCIES.—Whenever a vacancy oc- (B) improve surface and ground water qual- (3) an estimate of the long-term success of curs among members of the board, the Coun- ity and quantity, and flood control; varying restoration techniques used in car- cil shall appoint an appropriate individual to (C) provide outdoor recreation and other rying out estuary habitat restoration fill that vacancy for the remainder of the ap- direct and indirect values; and projects; plicable term. (D) address other areas of concern that the (4) a review of how the information de- (f) BOARD LEADERSHIP.—The board shall Council determines to be appropriate for scribed in paragraphs (1) through (3) has been elect from among its members a chairperson consideration; incorporated in the selection and implemen- of the board to represent the board in mat- (4) addressing the estimated historic tation of estuary habitat restoration ters related to its duties under this title. losses, estimated current rate of loss, and ex- projects; (g) COMPENSATION.—Members of the board tent of the threat of future loss or degrada- (5) a review of efforts made to maintain an shall not be considered to be employees of tion of each type of estuary habitat; appropriate database of restoration projects the United States and may not receive com- (5) measuring the rate of change for each carried out under this title; and pensation for their service as members of the board, except that while engaged in the per- type of estuary habitat; (6) a review of the measures taken to pro- formance of their duties while away from (6) selecting a balance of smaller and larg- vide the information described in paragraphs their homes or regular place of business, er estuary habitat restoration projects; and (1) through (3) to persons with responsibility members of the board may be allowed nec- (7) ensuring equitable geographic distribu- for assisting in the restoration of estuary essary travel expenses as authorized by sec- tion of projects funded under this title. habitat. tion 5703 of title 5, United States Code. (e) PUBLIC REVIEW AND COMMENT.—Before SEC. 110. FUNDING. (h) TECHNICAL SUPPORT.—Technical sup- the Council adopts a final or revised estuary (a) AUTHORIZATION OF APPROPRIATIONS.— port may be provided to the board by re- habitat restoration strategy, the Secretary (1) ESTUARY HABITAT RESTORATION gional and field staff of the Corps of Engi- shall publish in the Federal Register a draft PROJECTS.—There is authorized to be appro- neers, the Environmental Protection Agen- of the estuary habitat restoration strategy priated to the Secretary for carrying out and cy, the National Oceanic and Atmospheric and provide an opportunity for public review providing technical assistance for estuary Administration, the United States Fish and and comment. habitat restoration projects— Wildlife Service, and the Department of Ag- (f) PERIODIC REVISION.—Using data and in- (A) $30,000,000 for fiscal year 2001; riculture. The Secretary shall coordinate the formation developed through project moni- (B) $35,000,000 for fiscal year 2002; and provision of such assistance. toring and management, and other relevant (C) $45,000,000 for each of fiscal years 2003 (i) ADMINISTRATIVE SUPPORT SERVICES.— information, the Council may periodically through 2005. Upon the request of the board, the Secretary review and update, as necessary, the estuary Such amounts shall remain available until may provide to the board the administrative habitat restoration strategy. expended. support services necessary for the board to SEC. 108. MONITORING OF ESTUARY HABITAT (2) MONITORING.—There is authorized to be carry out its responsibilities under this title. RESTORATION PROJECTS. appropriated to the Under Secretary for (j) FUNDING.—From amounts appropriated (a) UNDER SECRETARY.—In this section, the Oceans and Atmosphere of the Department for that purpose under section 110, the Sec- term ‘‘Under Secretary’’ means the Under of Commerce for the acquisition, mainte- retary shall provide funding for the board to Secretary for Oceans and Atmosphere of the nance, and management of monitoring data carry out its duties under this title. Department of Commerce. on restoration projects carried out under SEC. 107. ESTUARY HABITAT RESTORATION (b) DATABASE OF RESTORATION PROJECT IN- this title, $1,500,000 for each of fiscal years STRATEGY. FORMATION.—The Under Secretary, in con- 2001 through 2005. Such amounts shall re- (a) IN GENERAL.—Not later than 1 year sultation with the Council, shall develop and after the date of enactment of this Act, the main available until expended. maintain an appropriate database of infor- (b) SET-ASIDE FOR ADMINISTRATIVE EX- Council, in consultation with the advisory mation concerning estuary habitat restora- board established under section 106, shall de- PENSES OF THE COUNCIL AND ADVISORY tion projects carried out under this title, in- BOARD.—Not to exceed 3 percent of the velop an estuary habitat restoration strat- cluding information on project techniques, egy designed to ensure a comprehensive ap- amounts appropriated for a fiscal year under project completion, monitoring data, and subsection (a)(1) or $1,500,000, whichever is proach to maximize benefits derived from es- other relevant information. tuary habitat restoration projects and to fos- greater, may be used by the Secretary for ad- (c) MONITORING DATA STANDARDS.—The ministration and operation of the Council ter the coordination of Federal and non-Fed- Under Secretary, in consultation with the eral activities related to restoration of estu- and the advisory board established under Council, shall develop standard data formats section 106. ary habitat. for monitoring projects, along with require- (b) GOAL.—The goal of the strategy shall be SEC. 111. GENERAL PROVISIONS. ments for types of data collected and fre- the restoration of 1,000,000 acres of estuary (a) AGENCY CONSULTATION AND COORDINA- quency of monitoring. habitat by the year 2010. TION.—In carrying out this title, the Sec- (d) COORDINATION OF DATA.—The Under (c) INTEGRATION OF ESTUARY HABITAT RES- retary shall, as necessary, consult with, co- Secretary shall compile information that TORATION PLANS, PROGRAMS, AND PARTNER- operate with, and coordinate its activities pertains to estuary habitat restoration SHIPS.—In developing the estuary habitat with the activities of other Federal depart- restoration strategy, the Council shall— projects from other Federal, State, and local ments and agencies. (1) conduct a review of estuary manage- sources and that meets the quality control (b) COOPERATIVE AGREEMENTS; MEMORANDA ment or habitat restoration plans and Fed- requirements and data standards established OF UNDERSTANDING.—In carrying out this eral programs established under other laws under this section. title, the Secretary may— that authorize funding for estuary habitat (e) USE OF EXISTING PROGRAMS.—The Under (1) enter into cooperative agreements with restoration activities; and Secretary shall use existing programs within Federal, State, and local government agen- (2) ensure that the estuary habitat restora- the National Oceanic and Atmospheric Ad- cies and other entities; and tion strategy is developed in a manner that ministration to create and maintain the (2) execute such memoranda of under- is consistent with the estuary management database required under this section. standing as are necessary to reflect the or habitat restoration plans. (f) PUBLIC AVAILABILITY.—The Under Sec- agreements. (d) ELEMENTS OF THE STRATEGY.—The estu- retary shall make the information collected (c) FEDERAL AGENCY FACILITIES AND PER- ary habitat restoration strategy shall in- and maintained under this section available SONNEL.—Federal agencies may cooperate in clude proposals, methods, and guidance on— to the public. carrying out scientific and other programs (1) maximizing the incentives for the cre- SEC. 109. REPORTING. necessary to carry out this title, and may ation of new public-private partnerships to (a) IN GENERAL.—At the end of the third provide facilities and personnel, for the pur- carry out estuary habitat restoration and fifth fiscal years following the date of pose of assisting the Council in carrying out projects and the use of Federal resources to enactment of this Act, the Secretary, after its duties under this title. encourage increased private sector involve- considering the advice and recommendations (d) IDENTIFICATION AND MAPPING OF ment in estuary habitat restoration activi- of the Council, shall transmit to Congress a DREDGED MATERIAL DISPOSAL SITES.—In con- ties; report on the results of activities carried out sultation with appropriate Federal and non- (2) ensuring that the estuary habitat res- under this title. Federal public entities, the Secretary shall toration strategy will be implemented in a (b) CONTENTS OF REPORT.—A report under undertake, and update as warranted by manner that is consistent with the estuary subsection (a) shall include— changed conditions, surveys to identify and management or habitat restoration plans; (1) data on the number of acres of estuary map sites appropriate for beneficial uses of (3) promoting estuary habitat restoration habitat restored under this title, including dredged material for the protection, restora- projects to— descriptions of, and partners involved with, tion, and creation of aquatic and eco- (A) provide healthy ecosystems in order to projects selected, in progress, and completed logically related habitats, including wet- support— under this title that comprise those acres; lands, in order to further the purposes of this (i) wildlife, including endangered and (2) information from the database estab- title. threatened species, migratory birds, and lished under section 108(b) related to ongoing (e) STUDY OF BIOREMEDIATION TECH- resident species of an estuary watershed; and monitoring of projects to ensure that short- NOLOGY.—

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(1) IN GENERAL.—Not later than 180 days system and signed by the Chesapeake Execu- accordance with guidance issued by the Ad- after the date of enactment of this Act, the tive Council. ministrator. Administrator of the Environmental Protec- ‘‘(3) CHESAPEAKE BAY ECOSYSTEM.—The ‘‘(B) SMALL WATERSHED GRANTS PROGRAM.— tion Agency, with the participation of the term ‘Chesapeake Bay ecosystem’ means the The Federal share of an assistance grant pro- estuarine scientific community, shall begin ecosystem of the Chesapeake Bay and its wa- vided under paragraph (1) to carry out an im- a 2-year study on the efficacy of bioremedi- tershed. plementing activity under subsection (g)(2) ation products. ‘‘(4) CHESAPEAKE BAY PROGRAM.—The term shall not exceed 75 percent of eligible project (2) REQUIREMENTS.—The study shall— ‘Chesapeake Bay Program’ means the pro- costs, as determined by the Administrator. (A) evaluate and assess bioremediation gram directed by the Chesapeake Executive ‘‘(3) NON-FEDERAL SHARE.—An assistance technology— Council in accordance with the Chesapeake grant under paragraph (1) shall be provided (i) on low-level petroleum hydrocarbon Bay Agreement. on the condition that non-Federal sources contamination from recreational boat bilges; ‘‘(5) CHESAPEAKE EXECUTIVE COUNCIL.—The provide the remainder of eligible project (ii) on low-level petroleum hydrocarbon term ‘Chesapeake Executive Council’ means costs, as determined by the Administrator. contamination from stormwater discharges; the signatories to the Chesapeake Bay ‘‘(4) ADMINISTRATIVE COSTS.—Administra- (iii) on nonpoint petroleum hydrocarbon Agreement. tive costs shall not exceed 10 percent of the discharges; and ‘‘(6) SIGNATORY JURISDICTION.—The term annual grant award. (iv) as a first response tool for petroleum ‘signatory jurisdiction’ means a jurisdiction ‘‘(e) IMPLEMENTATION AND MONITORING hydrocarbon spills; and of a signatory to the Chesapeake Bay Agree- GRANTS.— (B) recommend management actions to op- ment. ‘‘(1) IN GENERAL.—If a signatory jurisdic- tion has approved and committed to imple- timize the return of a healthy and balanced ‘‘(b) CONTINUATION OF CHESAPEAKE BAY ment all or substantially all aspects of the ecosystem and make improvements in the PROGRAM.— Chesapeake Bay Agreement, on the request quality and character of estuarine waters. ‘‘(1) IN GENERAL.—In cooperation with the of the chief executive of the jurisdiction, the Chesapeake Executive Council (and as a TITLE II—CHESAPEAKE BAY Administrator— member of the Council), the Administrator RESTORATION ‘‘(A) shall make a grant to the jurisdiction shall continue the Chesapeake Bay Program. SEC. 201. SHORT TITLE. for the purpose of implementing the manage- ‘‘(2) PROGRAM OFFICE.— This title may be cited as the ‘‘Chesapeake ment mechanisms established under the ‘‘(A) IN GENERAL.—The Administrator shall Bay Restoration Act of 2000’’. Chesapeake Bay Agreement, subject to such maintain in the Environmental Protection terms and conditions as the Administrator SEC. 202. FINDINGS AND PURPOSES. Agency a Chesapeake Bay Program Office. considers appropriate; and (a) FINDINGS.—Congress finds that— ‘‘(B) FUNCTION.—The Chesapeake Bay Pro- ‘‘(B) may make a grant to a signatory ju- (1) the Chesapeake Bay is a national treas- gram Office shall provide support to the ure and a resource of worldwide significance; risdiction for the purpose of monitoring the Chesapeake Executive Council by— Chesapeake Bay ecosystem. (2) over many years, the productivity and ‘‘(i) implementing and coordinating ‘‘(2) PROPOSALS.— water quality of the Chesapeake Bay and its science, research, modeling, support serv- ‘‘(A) IN GENERAL.—A signatory jurisdiction watershed were diminished by pollution, ex- ices, monitoring, data collection, and other cessive sedimentation, shoreline erosion, the described in paragraph (1) may apply for a activities that support the Chesapeake Bay grant under this subsection for a fiscal year impacts of population growth and develop- Program; ment in the Chesapeake Bay watershed, and by submitting to the Administrator a com- ‘‘(ii) developing and making available, prehensive proposal to implement manage- other factors; through publications, technical assistance, (3) the Federal Government (acting ment mechanisms established under the and other appropriate means, information Chesapeake Bay Agreement. through the Administrator of the Environ- pertaining to the environmental quality and mental Protection Agency), the Governor of ‘‘(B) CONTENTS.—A proposal under subpara- living resources of the Chesapeake Bay eco- graph (A) shall include— the State of Maryland, the Governor of the system; ‘‘(i) a description of proposed management Commonwealth of Virginia, the Governor of ‘‘(iii) in cooperation with appropriate Fed- mechanisms that the jurisdiction commits the Commonwealth of Pennsylvania, the eral, State, and local authorities, assisting to take within a specified time period, such Chairperson of the Chesapeake Bay Commis- the signatories to the Chesapeake Bay as reducing or preventing pollution in the sion, and the Mayor of the District of Colum- Agreement in developing and implementing Chesapeake Bay and its watershed or meet- bia, as Chesapeake Bay Agreement signato- specific action plans to carry out the respon- ing applicable water quality standards or es- ries, have committed to a comprehensive co- sibilities of the signatories to the Chesa- tablished goals and objectives under the operative program to achieve improved peake Bay Agreement; Chesapeake Bay Agreement; and water quality and improvements in the pro- ‘‘(iv) coordinating the actions of the Envi- ‘‘(ii) the estimated cost of the actions pro- ductivity of living resources of the Bay; ronmental Protection Agency with the ac- posed to be taken during the fiscal year. (4) the cooperative program described in tions of the appropriate officials of other ‘‘(3) APPROVAL.—If the Administrator finds paragraph (3) serves as a national and inter- Federal agencies and State and local au- that the proposal is consistent with the national model for the management of estu- thorities in developing strategies to— Chesapeake Bay Agreement and the national aries; and ‘‘(I) improve the water quality and living goals established under section 101(a), the (5) there is a need to expand Federal sup- resources in the Chesapeake Bay ecosystem; Administrator may approve the proposal for port for monitoring, management, and res- and an award. toration activities in the Chesapeake Bay ‘‘(II) obtain the support of the appropriate ‘‘(4) FEDERAL SHARE.—The Federal share of and the tributaries of the Bay in order to officials of the agencies and authorities in an implementation grant under this sub- meet and further the original and subsequent achieving the objectives of the Chesapeake section shall not exceed 50 percent of the goals and commitments of the Chesapeake Bay Agreement; and cost of implementing the management mech- Bay Program. ‘‘(v) implementing outreach programs for anisms during the fiscal year. (b) PURPOSES.—The purposes of this title public information, education, and participa- are— ‘‘(5) NON-FEDERAL SHARE.—An implementa- tion to foster stewardship of the resources of tion grant under this subsection shall be (1) to expand and strengthen cooperative the Chesapeake Bay. efforts to restore and protect the Chesapeake made on the condition that non-Federal ‘‘(c) INTERAGENCY AGREEMENTS.—The Ad- Bay; and sources provide the remainder of the costs of ministrator may enter into an interagency implementing the management mechanisms (2) to achieve the goals established in the agreement with a Federal agency to carry Chesapeake Bay Agreement. during the fiscal year. out this section. ‘‘(6) ADMINISTRATIVE COSTS.—Administra- SEC. 203. CHESAPEAKE BAY. ‘‘(d) TECHNICAL ASSISTANCE AND ASSIST- tive costs shall not exceed 10 percent of the Section 117 of the Federal Water Pollution ANCE GRANTS.— annual grant award. Control Act (33 U.S.C. 1267) is amended to ‘‘(1) IN GENERAL.—In cooperation with the ‘‘(7) REPORTING.—On or before October 1 of read as follows: Chesapeake Executive Council, the Adminis- each fiscal year, the Administrator shall ‘‘SEC. 117. CHESAPEAKE BAY. trator may provide technical assistance, and make available to the public a document ‘‘(a) DEFINITIONS.—In this section, the fol- assistance grants, to nonprofit organiza- that lists and describes, in the greatest prac- lowing definitions apply: tions, State and local governments, colleges, ticable degree of detail— ‘‘(1) ADMINISTRATIVE COST.—The term ‘ad- universities, and interstate agencies to ‘‘(A) all projects and activities funded for ministrative cost’ means the cost of salaries achieve the goals and requirements con- the fiscal year; and fringe benefits incurred in administering tained in subsection (g)(1), subject to such ‘‘(B) the goals and objectives of projects a grant under this section. terms and conditions as the Administrator funded for the previous fiscal year; and ‘‘(2) CHESAPEAKE BAY AGREEMENT.—The considers appropriate. ‘‘(C) the net benefits of projects funded for term ‘Chesapeake Bay Agreement’ means the ‘‘(2) FEDERAL SHARE.— previous fiscal years. formal, voluntary agreements executed to ‘‘(A) IN GENERAL.—Except as provided in ‘‘(f) FEDERAL FACILITIES AND BUDGET CO- achieve the goal of restoring and protecting subparagraph (B), the Federal share of an as- ORDINATION.— the Chesapeake Bay ecosystem and the liv- sistance grant provided under paragraph (1) ‘‘(1) SUBWATERSHED PLANNING AND RES- ing resources of the Chesapeake Bay eco- shall be determined by the Administrator in TORATION.—A Federal agency that owns or

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.127 pfrm02 PsN: H12PT1 H7486 CONGRESSIONAL RECORD — HOUSE September 12, 2000

operates a facility (as defined by the Admin- ‘‘(1) IN GENERAL.—Not later than April 22, TITLE III—NATIONAL ESTUARY PROGRAM istrator) within the Chesapeake Bay water- 2000, and every 5 years thereafter, the Ad- SEC. 301. ADDITIONS TO NATIONAL ESTUARY shed shall participate in regional and sub- ministrator, in coordination with the Chesa- PROGRAM. watershed planning and restoration pro- peake Executive Council, shall complete a Section 320(a)(2)(B) of the Federal Water grams. study and submit to Congress a comprehen- Pollution Control Act (33 U.S.C. 1330(a)(2)(B)) ‘‘(2) COMPLIANCE WITH AGREEMENT.—The sive report on the results of the study. is amended by inserting ‘‘Lake Ponchartrain head of each Federal agency that owns or oc- ‘‘(2) REQUIREMENTS.—The study and report Basin, Louisiana and Mississippi; Mississippi cupies real property in the Chesapeake Bay shall— Sound, Mississippi;’’ before ‘‘and Peconic watershed shall ensure that the property, ‘‘(A) assess the state of the Chesapeake Bay, New York.’’. and actions taken by the agency with re- Bay ecosystem; SEC. 302. GRANTS. spect to the property, comply with the ‘‘(B) compare the current state of the Section 320(g) of the Federal Water Pollu- Chesapeake Bay Agreement, the Federal Chesapeake Bay ecosystem with its state in tion Control Act (33 U.S.C. 1330(g)) is amend- Agencies Chesapeake Ecosystem Unified 1975, 1985, and 1995; ed by striking paragraphs (2) and (3) and in- Plan, and any subsequent agreements and ‘‘(C) assess the effectiveness of manage- serting the following: plans. ment strategies being implemented on the ‘‘(2) PURPOSES.—Grants under this sub- ‘‘(3) BUDGET COORDINATION.— date of enactment of this section and the ex- section shall be made to pay for activities ‘‘(A) IN GENERAL.—As part of the annual tent to which the priority needs are being necessary for the development and imple- budget submission of each Federal agency met; mentation of a comprehensive conservation with projects or grants related to restora- ‘‘(D) make recommendations for the im- and management plan under this section. tion, planning, monitoring, or scientific in- proved management of the Chesapeake Bay ‘‘(3) FEDERAL SHARE.—The Federal share of vestigation of the Chesapeake Bay eco- Program either by strengthening strategies a grant to any person (including a State, system, the head of the agency shall submit being implemented on the date of enactment interstate, or regional agency or entity) to the President a report that describes of this section or by adopting new strategies; under this subsection for a fiscal year— plans for the expenditure of the funds under and ‘‘(A) shall not exceed— this section. ‘‘(E) be presented in such a format as to be ‘‘(i) 75 percent of the annual aggregate ‘‘(B) DISCLOSURE TO THE COUNCIL.—The readily transferable to and usable by other costs of the development of a comprehensive head of each agency referred to in subpara- watershed restoration programs. conservation and management plan; and graph (A) shall disclose the report under that ‘‘(i) SPECIAL STUDY OF LIVING RESOURCE ‘‘(ii) 50 percent of the annual aggregate subparagraph with the Chesapeake Executive RESPONSE.— costs of the implementation of the plan; and Council as appropriate. ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(B) shall be made on condition that the ‘‘(g) CHESAPEAKE BAY PROGRAM.— after the date of enactment of this section, non-Federal share of the costs are provided ‘‘(1) MANAGEMENT STRATEGIES.—The Ad- the Administrator shall commence a 5-year from non-Federal sources.’’. special study with full participation of the ministrator, in coordination with other SEC. 303. AUTHORIZATION OF APPROPRIATIONS. scientific community of the Chesapeake Bay members of the Chesapeake Executive Coun- Section 320(i) of the Federal Water Pollu- to establish and expand understanding of the cil, shall ensure that management plans are tion Control Act (33 U.S.C. 1330(i)) is amend- response of the living resources of the Chesa- developed and implementation is begun by ed by striking ‘‘$12,000,000 per fiscal year for peake Bay ecosystem to improvements in signatories to the Chesapeake Bay Agree- each of fiscal years 1987, 1988, 1989, 1990, and water quality that have resulted from in- ment to achieve— 1991’’ and inserting ‘‘$50,000,000 for each of vestments made through the Chesapeake ‘‘(A) the nutrient goals of the Chesapeake fiscal years 2000 through 2004’’. Bay Agreement for the quantity of nitrogen Bay Program. and phosphorus entering the Chesapeake Bay ‘‘(2) REQUIREMENTS.—The study shall— TITLE IV—FLORIDA KEYS WATER and its watershed; ‘‘(A) determine the current status and QUALITY ‘‘(B) the water quality requirements nec- trends of living resources, including grasses, SEC. 401. SHORT TITLE. essary to restore living resources in the benthos, phytoplankton, zooplankton, fish, This title may be cited as the ‘‘Florida Chesapeake Bay ecosystem; and shellfish; Keys Water Quality Improvements Act of ‘‘(C) the Chesapeake Bay Basinwide Toxins ‘‘(B) establish to the extent practicable the 2000’’. Reduction and Prevention Strategy goal of rates of recovery of the living resources in SEC. 402. FLORIDA KEYS WATER QUALITY IM- reducing or eliminating the input of chem- response to improved water quality condi- PROVEMENTS. ical contaminants from all controllable tion; Title I of the Federal Water Pollution Con- sources to levels that result in no toxic or ‘‘(C) evaluate and assess interactions of trol Act (33 U.S.C. 1251 et seq.) is amended by bioaccumulative impact on the living re- species, with particular attention to the im- adding at the end the following: sources of the Chesapeake Bay ecosystem or pact of changes within and among trophic ‘‘SEC. 121. FLORIDA KEYS. on human health; levels; and ‘‘(a) IN GENERAL.—Subject to the require- ‘‘(D) habitat restoration, protection, cre- ‘‘(D) recommend management actions to ments of this section, the Administrator ation, and enhancement goals established by optimize the return of a healthy and bal- may make grants to the Florida Keys Aque- Chesapeake Bay Agreement signatories for anced ecosystem in response to improve- duct Authority, appropriate agencies of mu- wetlands, riparian forests, and other types of ments in the quality and character of the nicipalities of Monroe County, Florida, and habitat associated with the Chesapeake Bay waters of the Chesapeake Bay. other appropriate public agencies of the ecosystem; and ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— State of Florida or Monroe County for the ‘‘(E) the restoration, protection, creation, There is authorized to be appropriated to planning and construction of treatment and enhancement goals established by the carry out this section $30,000,000 for each of works to improve water quality in the Flor- Chesapeake Bay Agreement signatories for fiscal years 2000 through 2005.’’. ida Keys National Marine Sanctuary. living resources associated with the Chesa- SEC. 204. SENSE OF CONGRESS; REQUIREMENT ‘‘(b) CRITERIA FOR PROJECTS.—In applying peake Bay ecosystem. REGARDING NOTICE. for a grant for a project under subsection (a), ‘‘(2) SMALL WATERSHED GRANTS PROGRAM.— (a) PURCHASE OF AMERICAN-MADE EQUIP- an applicant shall demonstrate that— The Administrator, in cooperation with the MENT AND PRODUCTS.—In the case of any ‘‘(1) the applicant has completed adequate Chesapeake Executive Council, shall— equipment or products that may be author- planning and design activities for the ‘‘(A) establish a small watershed grants ized to be purchased with financial assist- project; program as part of the Chesapeake Bay Pro- ance provided under section 117 of the Fed- ‘‘(2) the applicant has completed a finan- gram; and eral Water Pollution Control Act (33 U.S.C. cial plan identifying sources of non-Federal ‘‘(B) offer technical assistance and assist- 1267), it is the sense of Congress that entities funding for the project; ance grants under subsection (d) to local receiving such assistance should, in expend- ‘‘(3) the project complies with— governments and nonprofit organizations ing the assistance, purchase only American- ‘‘(A) applicable growth management ordi- and individuals in the Chesapeake Bay re- made equipment and products. nances of Monroe County, Florida; gion to implement— (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— ‘‘(B) applicable agreements between Mon- ‘‘(i) cooperative tributary basin strategies In providing financial assistance under sec- roe County, Florida, and the State of Florida that address the water quality and living re- tion 117 of the Federal Water Pollution Con- to manage growth in Monroe County, Flor- source needs in the Chesapeake Bay eco- trol Act, the head of each Federal agency ida; and system; and shall provide to each recipient of the assist- ‘‘(C) applicable water quality standards; ‘‘(ii) locally based protection and restora- ance a notice describing the statement made and tion programs or projects within a watershed in subsection (a) by Congress. ‘‘(4) the project is consistent with the mas- that complement the tributary basin strate- (c) NOTICE OF REPORT.—Any entity which ter wastewater and stormwater plans for gies, including the creation, restoration, pro- receives funds under section 117 of the Fed- Monroe County, Florida. tection, or enhancement of habitat associ- eral Water Pollution Control Act shall re- ‘‘(c) CONSIDERATION.—In selecting projects ated with the Chesapeake Bay ecosystem. port any expenditures on foreign-made items to receive grants under subsection (a), the ‘‘(h) STUDY OF CHESAPEAKE BAY PRO- to Congress within 180 days of the expendi- Administrator shall consider whether a GRAM.— ture. project will have substantial water quality

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.127 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7487 benefits relative to other projects under con- criteria are developed after public review plementation of recommendations of the sideration. and comment. management conference; ‘‘(d) CONSULTATION.—In carrying out this ‘‘(B) CONSIDERATION OF IMPACT ON WATER ‘‘(3) support environmental monitoring of section, the Administrator shall consult AND SEWER RATES.—In determining if a com- the Basin and research to provide necessary with— munity is a distressed community for the technical and scientific information; ‘‘(1) the Water Quality Steering Committee purposes of this subsection, the State shall ‘‘(4) develop a comprehensive research plan established under section 8(d)(2)(A) of the consider the extent to which the rate of to address the technical needs of the pro- Florida Keys National Marine Sanctuary and growth of a community’s tax base has been gram; Protection Act (106 Stat. 5054); historically slow such that implementing the ‘‘(5) coordinate the grant, research, and ‘‘(2) the South Florida Ecosystem Restora- plan described in subsection (c)(1) would re- planning programs authorized under this sec- tion Task Force established by section 528(f) sult in a significant increase in any water or tion; and of the Water Resources Development Act of sewer rate charged by the community’s pub- ‘‘(6) collect and make available to the pub- 1996 (110 Stat. 3771–3773); licly-owned wastewater treatment facility. lic publications, and other forms of informa- ‘‘(3) the Commission on the Everglades es- ‘‘(C) INFORMATION TO ASSIST STATES.—The tion the management conference determines tablished by executive order of the Governor Administrator may publish information to to be appropriate, relating to the environ- of the State of Florida; and assist States in establishing affordability mental quality of the Basin. ‘‘(4) other appropriate State and local gov- criteria under subparagraph (A). ‘‘(d) GRANTS.—The Administrator may ernment officials. ‘‘(2) REVOLVING LOAN FUNDS.— make grants— ‘‘(e) NON-FEDERAL SHARE.—The non-Fed- ‘‘(A) LOAN SUBSIDIES.—Subject to subpara- ‘‘(1) for restoration projects and studies eral share of the cost of a project carried out graph (B), any State making a loan to a dis- recommended by a management conference using amounts from grants made under sub- tressed community from a revolving fund convened for the Basin under section 320; section (a) shall not be less than 25 percent. under title VI for the purpose of assisting ‘‘(2) for public education projects rec- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— the implementation of the plan described in ommended by the management conference; There is authorized to be appropriated to the subsection (c)(1) may provide additional sub- and Administrator to carry out this section— sidization (including forgiveness of prin- ‘‘(3) for the inflow and infiltration project ‘‘(1) $32,000,000 for fiscal year 2001; cipal). sponsored by the New Orleans Sewerage and ‘‘(2) $31,000,000 for fiscal year 2002; and ‘‘(B) TOTAL AMOUNT OF SUBSIDIES.—For Water Board and Jefferson Parish, Lou- ‘‘(3) $50,000,000 for each of fiscal years 2003 each fiscal year, the total amount of loan isiana. through 2005. subsidies made by a State under subpara- ‘‘(e) DEFINITIONS.—In this section, the fol- Such sums shall remain available until ex- graph (A) may not exceed 30 percent of the lowing definitions apply: pended.’’. amount of the capitalization grant received ‘‘(1) BASIN.—The term ‘Basin’ means the by the State for the year. Lake Pontchartrain Basin, a 5,000 square SEC. 403. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE. ‘‘(3) PRIORITY.—In making assistance avail- mile watershed encompassing 16 parishes in able under this section for the upgrading of the State of Louisiana and 4 counties in the (a) PURCHASE OF AMERICAN-MADE EQUIP- wastewater treatment facilities, a State may State of Mississippi. MENT AND PRODUCTS.—In the case of any equipment or products that may be author- give priority to a distressed community.’’. ‘‘(2) PROGRAM.—The term ‘program’ means ized to be purchased with financial assist- SEC. 504. REAUTHORIZATION OF APPROPRIA- the Lake Pontchartrain Basin Restoration ance provided under this title (including any TIONS. Program established under subsection (a). Section 119(f) of the Federal Water Pollu- amendment made by this title), it is the ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— tion Control Act (as redesignated by section sense of Congress that entities receiving ‘‘(1) IN GENERAL.—There is authorized to be 503 of this Act) is amended— such assistance should, in expending the as- appropriated— (1) in paragraph (1) by striking ‘‘1991 sistance, purchase only American-made ‘‘(A) $100,000,000 for the inflow and infiltra- through 2001’’ and inserting ‘‘2000 through equipment and products. tion project sponsored by the New Orleans 2003’’; and Sewerage and Water Board and Jefferson (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— (2) in paragraph (2) by striking ‘‘not to ex- In providing financial assistance under this Parish, Louisiana; and ceed $3,000,000 for each of the fiscal years 1991 title (including any amendment made by ‘‘(B) $5,000,000 for each of fiscal years 2001 through 2001’’ and inserting ‘‘not to exceed this title), the head of each Federal agency through 2005 to carry out this section. $80,000,000 for each of fiscal years 2000 shall provide to each recipient of the assist- Such sums shall remain available until ex- through 2003’’. ance a notice describing the statement made pended. in subsection (a) by Congress. TITLE VI—LAKE PONTCHARTRAIN BASIN ‘‘(2) PUBLIC EDUCATION PROJECTS.—Not (c) NOTICE OF REPORT.—Any entity which RESTORATION more that 15 percent of the amount appro- receives funds under this title shall report SEC. 601. SHORT TITLE. priated pursuant to paragraph (1)(B) in a fis- any expenditures on foreign-made items to This title may be cited as the ‘‘Lake Pont- cal year may be expended on grants for pub- Congress within 180 days of the expenditure. chartrain Basin Restoration Act of 2000’’. lic education projects under subsection (d)(2).’’. TITLE V—LONG ISLAND SOUND SEC. 602. NATIONAL ESTUARY PROGRAM. RESTORATION (a) FINDING.—Congress finds that the Lake SEC. 604. SENSE OF CONGRESS. Ponchartrain Basin is an estuary of national It is the sense of Congress that all recipi- SEC. 501. SHORT TITLE. significance. ents of grants pursuant to this title shall This title may be cited as the ‘‘Long Island (b) ADDITION TO NATIONAL ESTUARY PRO- abide by the Buy American Act. The Admin- Sound Restoration Act’’. GRAM.—Section 320(a)(2)(B) of the Federal istrator of the Environmental Protection SEC. 502. NITROGEN CREDIT TRADING SYSTEM Water Pollution Control Act (33 U.S.C. Agency shall give notice of the Buy Amer- AND OTHER MEASURES. 1330(a)(2)(B)) is further amended by inserting ican Act requirements to grant applicants. Section 119(c)(1) of the Federal Water Pol- ‘‘Lake Ponchartrain Basin, Louisiana and TITLE VII—ALTERNATIVE WATER lution Control Act (33 U.S.C. 1269(c)(1)) is Mississippi;’’ before ‘‘and Peconic Bay, New SOURCES amended by inserting ‘‘, including efforts to York.’’. SEC. 701. SHORT TITLE. establish, within the process for granting SEC. 603. LAKE PONTCHARTRAIN BASIN. watershed general permits, a system for Title I of the Federal Water Pollution Con- This title may be cited as the ‘‘Alternative trading nitrogen credits and any other meas- trol Act (33 U.S.C. 1251 et seq.) is further Water Sources Act of 2000’’. ures that are cost-effective and consistent amended by adding at the end the following: SEC. 702. GRANTS FOR ALTERNATIVE WATER with the goals of the Plan’’ before the semi- ‘‘SEC. 122. LAKE PONTCHARTRAIN BASIN. SOURCE PROJECTS. colon at the end. ‘‘(a) ESTABLISHMENT OF RESTORATION PRO- Title II of the Federal Water Pollution SEC. 503. ASSISTANCE FOR DISTRESSED COMMU- GRAM.—The Administrator shall establish Control Act (33 U.S.C. 1281 et seq.) is amend- NITIES. within the Environmental Protection Agen- ed by adding at the end the following: Section 119 of the Federal Water Pollution cy the Lake Pontchartrain Basin Restora- ‘‘SEC. 220. GRANTS FOR ALTERNATIVE WATER Control Act (33 U.S.C. 1269) is amended— tion Program. SOURCE PROJECTS. (1) by redesignating subsection (e) as sub- ‘‘(b) PURPOSE.—The purpose of the program ‘‘(a) IN GENERAL.—The Administrator may section (f); and shall be to restore the ecological health of make grants to State, interstate, and intra- (2) by inserting after subsection (d) the fol- the Basin by developing and funding restora- state water resource development agencies lowing: tion projects and related scientific and pub- (including water management districts and ‘‘(e) ASSISTANCE TO DISTRESSED COMMU- lic education projects. water supply authorities), local government NITIES.— ‘‘(c) DUTIES.—In carrying out the program, agencies, private utilities, and nonprofit en- ‘‘(1) ELIGIBLE COMMUNITIES.— the Administrator shall— tities for alternative water source projects ‘‘(A) STATES TO DETERMINE CRITERIA.—For ‘‘(1) provide administrative and technical to meet critical water supply needs. the purposes of this subsection, a distressed assistance to a management conference con- ‘‘(b) ELIGIBLE ENTITY.—The Administrator community is any community that meets af- vened for the Basin under section 320; may make grants under this section to an fordability criteria established by the State ‘‘(2) assist and support the activities of the entity only if the entity has authority under in which the community is located, if such management conference, including the im- State law to develop or provide water for

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.128 pfrm02 PsN: H12PT1 H7488 CONGRESSIONAL RECORD — HOUSE September 12, 2000 municipal, industrial, and agricultural uses carry out this section $75,000,000 for each of ‘‘Mississippi Sound, Mississippi;’’ before in an area of the State that is experiencing fiscal years 2000 through 2004. Such sums ‘‘and Peconic Bay, New York.’’. critical water supply needs. shall remain available until expended.’’. SEC. 903. MISSISSIPPI SOUND. ‘‘(c) SELECTION OF PROJECTS.— SEC. 703. SENSE OF CONGRESS; REQUIREMENT Title I of the Federal Water Pollution Con- ‘‘(1) LIMITATION.—A project that has re- REGARDING NOTICE. trol Act (33 U.S.C. 1251 et seq.) is further ceived funds under the reclamation and reuse (a) PURCHASE OF AMERICAN-MADE EQUIP- amended by adding at the end the following: program conducted under the Reclamation MENT AND PRODUCTS.—In the case of any ‘‘SEC. 123. MISSISSIPPI SOUND. Projects Authorization and Adjustment Act equipment or products that may be author- ‘‘(a) ESTABLISHMENT OF RESTORATION PRO- of 1992 (43 U.S.C. 390h et seq.) shall not be eli- ized to be purchased with financial assist- GRAM.—The Administrator shall establish gible for grant assistance under this section. ance provided under this title (including any ‘‘(2) ADDITIONAL CONSIDERATION.—In mak- within the Environmental Protection Agen- amendment made by this title), it is the cy the Mississippi Sound Restoration Pro- ing grants under this section, the Adminis- sense of Congress that entities receiving trator shall consider whether the project is gram. such assistance should, in expending the as- ‘‘(b) PURPOSE.—The purpose of the program located within the boundaries of a State or sistance, purchase only American-made area referred to in section 1 of the Reclama- shall be to restore the ecological health of equipment and products. the Sound, including barrier islands, coastal tion Act of June 17, 1902 (32 Stat. 385), and (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— within the geographic scope of the reclama- wetlands, keys, and reefs, by developing and In providing financial assistance under this funding restoration projects and related sci- tion and reuse program conducted under the title (including any amendment made by Reclamation Projects Authorization and Ad- entific and public education projects and by this title), the head of each Federal agency coordinating efforts among Federal, State, justment Act of 1992 (43 U.S.C. 390h et seq.). shall provide to each recipient of the assist- ‘‘(d) COMMITTEE RESOLUTION PROCEDURE.— and local governmental agencies and non- ance a notice describing the statement made regulatory organizations. ‘‘(1) IN GENERAL.—No appropriation shall in subsection (a) by Congress. be made for any alternative water source ‘‘(c) DUTIES.—In carrying out the program, (c) NOTICE OF REPORT.—Any entity which project under this section, the total Federal the Administrator shall— receives funds under this title shall report ‘‘(1) provide administrative and technical cost of which exceeds $3,000,000, if such any expenditures on foreign-made items to project has not been approved by a resolu- assistance to a management conference con- Congress within 180 days of the expenditure. tion adopted by the Committee on Transpor- vened for the Sound under section 320; tation and Infrastructure of the House of TITLE VIII—CLEAN LAKES ‘‘(2) assist and support the activities of the Representatives or the Committee on Envi- SEC. 801. GRANTS TO STATES. management conference, including the im- ronment and Public Works of the Senate. Section 314(c)(2) of the Federal Water Pol- plementation of recommendations of the ‘‘(2) REQUIREMENTS FOR SECURING CONSIDER- lution Control Act (33 U.S.C. 1324(c)(2)) is management conference; ATION.—For purposes of securing consider- amended by striking ‘‘$50,000,000’’ the first ‘‘(3) support environmental monitoring of ation of approval under paragraph (1), the place it appears and all that follows through the Sound and research to provide necessary Administrator shall provide to a committee ‘‘1990’’ and inserting ‘‘$50,000,000 for each of technical and scientific information; referred to in paragraph (1) such information fiscal years 2001 through 2005’’. ‘‘(4) develop a comprehensive research plan as the committee requests and the non-Fed- SEC. 802. DEMONSTRATION PROGRAM. to address the technical needs of the pro- eral sponsor shall provide to the committee Section 314(d) of the Federal Water Pollu- gram; information on the costs and relative needs tion Control Act (33 U.S.C. 1324(d)) is ‘‘(5) coordinate the grant, research, and for the alternative water source project. amended— planning programs authorized under this sec- ‘‘(e) USES OF GRANTS.—Amounts from (1) in paragraph (2) by inserting ‘‘Otsego tion; and grants received under this section may be Lake, New York; Oneida Lake, New York; ‘‘(6) collect and make available to the pub- used for engineering, design, construction, Raystown Lake, Pennsylvania; Swan Lake, lic publications, and other forms of informa- and final testing of alternative water source Itasca County, Minnesota;’’ after ‘‘Sauk tion the management conference determines projects designed to meet critical water sup- Lake, Minnesota;’’; to be appropriate, relating to the environ- ply needs. Such amounts may not be used for (2) in paragraph (3) by striking ‘‘By’’ and mental quality of the Sound. planning, feasibility studies or for operation, ‘‘(d) GRANTS.—The Administrator may maintenance, replacement, repair, or reha- inserting ‘‘Notwithstanding section 3003 of the Federal Reports Elimination and Sunset make grants— bilitation. ‘‘(1) for restoration projects and studies ‘‘(f) COST SHARING.—The Federal share of Act of 1995 (31 U.S.C. 1113 note; 109 Stat. 734– 736), by’’; and recommended by a management conference the eligible costs of an alternative water convened for the Sound under section 320; source project carried out using assistance (3) in paragraph (4)(B)(i) by striking and made available under this section shall not ‘‘$15,000,000’’ and inserting ‘‘$25,000,000’’. ‘‘(2) for public education projects rec- exceed 50 percent. SEC. 803. SENSE OF CONGRESS; REQUIREMENT ommended by the management conference. ‘‘(g) REPORTS.— REGARDING NOTICE. ‘‘(e) DEFINITIONS.—In this section, the fol- ‘‘(1) REPORTS TO ADMINISTRATOR.—Each re- (a) PURCHASE OF AMERICAN-MADE EQUIP- lowing definitions apply: cipient of a grant under this section shall MENT AND PRODUCTS.—In the case of any submit to the Administrator, not later than equipment or products that may be author- ‘‘(1) SOUND.—The term ‘Sound’ means the 18 months after the date of receipt of the ized to be purchased with financial assist- Mississippi Sound located on the Gulf Coast grant and biennially thereafter until comple- ance provided under this title (including any of the State of Mississippi. tion of the alternative water source project amendment made by this title), it is the ‘‘(2) PROGRAM.—The term ‘program’ means funded by the grant, a report on eligible ac- sense of Congress that entities receiving the Mississippi Sound Restoration Program tivities carried out by the grant recipient such assistance should, in expending the as- established under subsection (a). using amounts from the grant. sistance, purchase only American-made ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) REPORT TO CONGRESS.—On or before equipment and products. There is authorized to be appropriated September 30, 2005, the Administrator shall (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— $10,000,000 to carry out this section. Such transmit to Congress a report on the In providing financial assistance under this sums shall remain available until ex- progress made toward meeting the critical title (including any amendment made by pended.’’. water supply needs of the grant recipients this title), the head of each Federal agency SEC. 904. SENSE OF CONGRESS. under this section. shall provide to each recipient of the assist- It is the sense of Congress that all recipi- ‘‘(h) DEFINITIONS.—In this section, the fol- ance a notice describing the statement made ents of grants under this title (including lowing definitions apply: in subsection (a) by Congress. amendments made by this title) shall abide ‘‘(1) ALTERNATIVE WATER SOURCE PROJECT.— (c) NOTICE OF REPORT.—Any entity which by the Buy American Act. The Adminis- The term ‘alternative water source project’ receives funds under this title shall report trator of the Environmental Protection means a project designed to provide munic- any expenditures on foreign-made items to Agency shall give notice of the Buy Amer- ipal, industrial, and agricultural water sup- Congress within 180 days of expenditure. ican Act requirements to grant applicants plies in an environmentally sustainable TITLE IX—MISSISSIPPI SOUND under this title. manner by conserving, managing, reclaim- RESTORATION TITLE X—TIJUANA RIVER VALLEY ing, or reusing water or wastewater or by ESTUARY AND BEACH CLEANUP treating wastewater. SEC. 901. SHORT TITLE. SEC. 1001. SHORT TITLE. ‘‘(2) CRITICAL WATER SUPPLY NEEDS.—The This title may be cited as the ‘‘Mississippi term ‘critical water supply needs’ means ex- Sound Restoration Act of 2000’’. This title may be cited as the ‘‘Tijuana isting or reasonably anticipated future water SEC. 902. NATIONAL ESTUARY PROGRAM. River Valley Estuary and Beach Sewage supply needs that cannot be met by existing (a) FINDING.—Congress finds that the Mis- Cleanup Act of 2000’’. water supplies, as identified in a comprehen- sissippi Sound is an estuary of national sig- SEC. 1002. PURPOSE. sive statewide or regional water supply plan nificance. The purpose of this title is to authorize the or assessment projected over a planning pe- (b) ADDITION TO NATIONAL ESTUARY PRO- United States to take actions to address riod of at least 20 years. GRAM.—Section 320(a)(2)(B) of the Federal comprehensively the treatment of sewage ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— Water Pollution Control Act (33 U.S.C. emanating from the Tijuana River area, There is authorized to be appropriated to 1330(a)(2)(B)) is further amended by inserting Mexico, that flows untreated or partially

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.128 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7489 treated into the United States causing sig- subsection and notwithstanding any provi- of all records maintained pursuant to sub- nificant adverse public health and environ- sion of Federal procurement law, upon con- paragraph (M) to facilitate the monitoring mental impacts. clusion of a new Treaty Minute or the and evaluation required under subsection (d). SEC. 1003. DEFINITIONS. amendment of Treaty Minute 283 under sec- (3) LIMITATION.—The Contract Disputes Act In this title, the following definitions tion 5, the Commission may enter into a fee- of 1978 (41 U.S.C. 601–613) shall not apply to a apply: for-services contract with the owner of a contract executed under this section. (1) ADMINISTRATOR.—The term ‘‘Adminis- Mexican facility in order to carry out the (d) IMPLEMENTATION.— trator’’ means the Administrator of the En- secondary treatment requirements of sub- (1) IN GENERAL.—The Inspector General of vironmental Protection Agency. section (a) and make payments under such the Department of State shall monitor the (2) COMMISSION.—The term ‘‘Commission’’ contract. implementation of any contract entered into means the United States section of the Inter- (2) TERMS.—Any contract under this sub- under this section and evaluate the extent to national Boundary and Water Commission, section shall provide, at a minimum, for the which the owner of the Mexican facility has United States and Mexico. following: met the terms of this section and fulfilled (3) IWTP.—The term ‘‘IWTP’’ means the (A) Transportation of the advanced pri- the terms of the contract. South Bay International Wastewater Treat- mary effluent from the IWTP to the Mexican (2) REPORT.—The Inspector General shall ment Plant constructed under the provisions facility for secondary treatment. transmit to Congress a report containing the of the Federal Water Pollution Control Act (B) Treatment of the advanced primary ef- evaluation under paragraph (1) not later (33 U.S.C. 1251 et seq.), section 510 of the fluent from the IWTP to the secondary treat- than 2 years after the execution of any con- Water Quality Act of 1987 (101 Stat. 80–82), ment level in compliance with water quality tract with the owner of the Mexican facility laws of the United States, California, and and Treaty Minutes to the Treaty for the under this section, 3 years thereafter, and Mexico. Utilization of Waters of the Colorado and Ti- periodically after the second report under (C) Return conveyance from the Mexican juana Rivers and of the Rio Grande, dated this paragraph. facility of any such treated effluent that February 3, 1944. SEC. 1005. NEGOTIATION OF NEW TREATY cannot be reused in either Mexico or the (4) SECONDARY TREATMENT.—The term MINUTE. United States to the South Bay Ocean Out- ‘‘secondary treatment’’ has the meaning (a) CONGRESSIONAL STATEMENT.—In light of fall for discharge into the Pacific Ocean in such term has under the Federal Water Pol- the existing threat to the environment and compliance with water quality laws of the lution Control Act and its implementing reg- to public health and safety within the United United States and California. ulations. States as a result of the river and ocean pol- (D) Subject to the requirements of sub- (5) SECRETARY.—The term ‘‘Secretary’’ lution in the San Diego-Tijuana border re- section (a), additional sewage treatment ca- gion, the Secretary is requested to give the means the Secretary of State. pacity that provides for advanced primary (6) MEXICAN FACILITY.—The term ‘‘Mexican highest priority to the negotiation and exe- and secondary treatment of sewage described cution of a new Treaty Minute, or a modi- facility’’ means a proposed public-private in subsection (a)(1)(B) in addition to the ca- wastewater treatment facility to be con- fication of Treaty Minute 283, consistent pacity required to treat the advanced pri- with the provisions of this title, in order structed and operated under this title within mary effluent from the IWTP. Mexico for the purpose of treating sewage that the other provisions of this title to ad- (E) A contract term of 30 years. dress such pollution may be implemented as flows generated within Mexico, which flows (F) Arrangements for monitoring, impact the surface waters, health, and safety soon as possible. verification, and enforcement of compliance EGOTIATION.— of the United States and Mexico. (b) N with United States, California, and Mexican (1) INITIATION.—The Secretary is requested (7) MGD.—The term ‘‘mgd’’ means million water quality standards. to initiate negotiations with Mexico, within gallons per day. (G) Arrangements for the disposal and use 60 days after the date of enactment of this SEC. 1004. ACTIONS TO BE TAKEN BY THE COM- of sludge, produced from the IWTP and the Act, for a new Treaty Minute or a modifica- MISSION AND THE ADMINISTRATOR. Mexican facility, at a location or locations tion of Treaty Minute 283 consistent with (a) SECONDARY TREATMENT.— in Mexico. the provisions of this title. (1) IN GENERAL.—Subject to the negotiation (H) Payment of fees by the Commission to (2) IMPLEMENTATION.—Implementation of a and conclusion of a new Treaty Minute or the owner of the Mexican facility for sewage new Treaty Minute or of a modification of the amendment of Treaty Minute 283 under treatment services with the annual amount Treaty Minute 283 under this title shall be section 1005 of this Act, and notwithstanding payable to reflect all agreed upon costs asso- subject to the provisions of the National En- section 510(b)(2) of the Water Quality Act of ciated with the development, financing, con- vironmental Policy Act of 1969 (42 U.S.C. 4321 1987 (101 Stat. 81), the Commission is author- struction, operation, and maintenance of the et seq.). ized and directed to provide for the sec- Mexican facility. (3) MATTERS TO BE ADDRESSED.—A new ondary treatment of a total of not more than (I) Provision for the transfer of ownership Treaty Minute or a modification of Treaty 50 mgd in Mexico— of the Mexican facility to the United States, Minute 283 under paragraph (1) should ad- (A) of effluent from the IWTP if such treat- and provision for a cancellation fee by the dress, at a minimum, the following: ment is not provided for at a facility in the United States to the owner of the Mexican (A) The siting of treatment facilities in United States; and facility, if the Commission fails to perform Mexico and in the United States. (B) of additional sewage emanating from its obligations under the contract. The can- (B) Provision for the secondary treatment the Tijuana River area, Mexico. cellation fee shall be in amounts declining of effluent from the IWTP at a Mexican facil- (2) ADDITIONAL AUTHORITY.—Subject to the over the term of the contract anticipated to ity if such treatment is not provided for at a results of the comprehensive plan developed be sufficient to repay construction debt and facility in the United States. under subsection (b) revealing a need for ad- other amounts due to the owner that remain (C) Provision for additional capacity for ditional secondary treatment capacity in the unamortized due to early termination of the advanced primary and secondary treatment San Diego-Tijuana border region and recom- contract. of additional sewage emanating from the Ti- mending the provision of such capacity in (J) Provision for the transfer of ownership juana River area, Mexico, in addition to the Mexico, the Commission may provide not of the Mexican facility to the United States, treatment capacity for the advanced primary more than an additional 25 mgd of secondary without a cancellation fee, if the owner of effluent from the IWTP at the Mexican facil- treatment capacity in Mexico for treatment the Mexican facility fails to perform the ob- ity. described in paragraph (1). ligations of the owner under the contract. (D) Provision for any and all approvals (b) COMPREHENSIVE PLAN.—Not later than (K) To the extent practicable, the use of from Mexican authorities necessary to facili- 24 months after the date of enactment of this competitive procedures by the owner of the tate water quality verification and enforce- Act, the Administrator shall develop a com- Mexican facility in the procurement of prop- ment at the Mexican facility. prehensive plan with stakeholder involve- erty or services for the engineering, con- (E) Any terms and conditions considered ment to address the transborder sanitation struction, and operation and maintenance of necessary to allow for use in the United problems in the San Diego-Tijuana border re- the Mexican facility. States of treated effluent from the Mexican gion. The plan shall include, at a minimum— (L) An opportunity for the Commission to facility, if there is reclaimed water which is (1) an analysis of the long-term secondary review and approve the selection of contrac- surplus to the needs of users in Mexico and treatment needs of the region; tors providing engineering, construction, and such use is consistent with applicable United (2) an analysis of upgrades in the sewage operation and maintenance for the Mexican States and California law. collection system serving the Tijuana area, facility. (F) Any other terms and conditions consid- Mexico; and (M) The maintenance by the owner of the ered necessary by the Secretary in order to (3) an identification of options, and rec- Mexican facility of all records (including implement the provisions of this title. ommendations for preferred options, for ad- books, documents, papers, reports, and other ditional sewage treatment capacity for fu- materials) necessary to demonstrate compli- SEC. 1006. AUTHORIZATION OF APPROPRIATIONS. ture flows emanating from the Tijuana River ance with the terms of this Act and the con- There are authorized to be appropriated area, Mexico. tract. such sums as may be necessary to carry out this title. (c) CONTRACT.— (N) Access by the Inspector General of the (1) IN GENERAL.—Subject to the avail- Department of State or the designee of the The SPEAKER pro tempore. Pursu- ability of appropriations to carry out this Inspector General for audit and examination ant to the rule, the gentleman from

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.128 pfrm02 PsN: H12PT1 H7490 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Ohio (Mr. LATOURETTE) and the gen- in a bipartisan fashion by the Com- Mr. OBERSTAR. Mr. Speaker, I tleman from Mississippi (Mr. TAYLOR) mittee on Transportation and Infra- thank the gentleman from Mississippi each will control 20 minutes. structure. The fact that there are 10 (Mr. TAYLOR) for yielding me this time, The Chair recognizes the gentleman bills rolled into one Senate bill is a and I support the somewhat unusual from Ohio (Mr. LATOURETTE). tribute to the outstanding leadership process that we are using here to expe- Mr. LATOURETTE. Mr. Speaker, I that we have on the committee from dite the action of this body on very im- yield myself such time as I may con- our chairman and also the ranking portant legislation that our committee sume. member and confirms, I think, the sus- has already considered. I particularly Mr. Speaker, S. 835 as amended is a picion that in a time of partisanship appreciate that one of the bills in- package of 10 House-passed water qual- these two outstanding bipartisan gen- cluded here is that authored by our ity bills. H.R. 3313 is the bill of the gen- tlemen are joined at the hip and they late colleague on the committee and tlewoman from Connecticut (Mrs. are more interested in getting things colleague in the House the gentleman JOHNSON), the Long Island Sound Res- done to build America than they are in from Virginia (Mr. BATEMAN). toration Act which the House passed scoring political points. I missed the opportunity earlier in on May 9 of this year by a vote of 391- The House has already expressed its the day to participate in the eulogies to-29. H.R. 3039 is a bill that was au- overwhelming support for these indi- because I was committed to a number thored by our late colleague who was vidual bills. I urge all Members to sup- of meetings in my office with constitu- so well memorialized today, the gen- port this omnibus legislation. We hope ents, but I just want to say that we tleman from Virginia (Mr. BATEMAN), to work with the Senate expeditiously have lost one of the truly amiable, de- the Chesapeake Bay Restoration Act to send this legislation to the Presi- cent, distinguished, caring people ever which passed the House on April 12 of dent’s desk. to serve in this body. The gentleman this year by a vote of 418-to-7; H.R. Mr. Speaker, I reserve the balance of from Virginia (Mr. BATEMAN) was one 1775, offered by the gentleman from my time. of the most gentle, thoughtful, consid- Maryland (Mr. GILCHREST), Estuary Mr. TAYLOR of Mississippi. Mr. erate people I have ever known, and as Restoration Act of 2000, which just Speaker, I yield myself such time as I a colleague one of the most thoughtful passed the House by voice vote; H.R. may consume. and sensitive people. 1237, the bill of the gentleman from Mr. Speaker, I rise in strong support His legislative work was truly sig- New Jersey (Mr. SAXTON) to reauthor- of the substitute amendment offered to nificant. He was an advocate for our ize the national estuary program which S. 835. The Estuary Habitat and Chesa- Nation’s defense establishment. He the House passed on May 8 by voice peake Bay Restoration Act amendment was, I think as one of his colleagues in vote; H.R. 673, offered by the gen- substitutes the text of S. 835, the Estu- the Virginia delegation said so well, tleman from Florida (Mr. DEUTSCH), ary Habitat and Chesapeake Bay Res- the gentleman from Virginia (Mr. SISI- Florida Keys Water Quality Improve- toration Act that was approved by SKY), he knew about readiness. He ment Act, which passed the House on unanimous consent in the Senate in knew there was a readiness problem in May 3 of this year by a vote of 411-to- March with the text of the recently- the military before the military knew 7; H.R. 2957, offered by the gentleman passed estuary restoration program it. That was the way of gentleman from Louisiana (Mr. VITTER), the Lake sponsored by our colleague, the gen- from Virginia (Mr. BATEMAN). Pontchartrain Basin Restoration Act tleman from Maryland (Mr. I greatly appreciated the companion- ship that with shared and the coopera- of 2000, which passed the House on May GILCHREST). In addition, the substitute 3, 2000 by a vote of 418-to-6; H.R. 1106, amendment includes a collection of tion on a number of issues in our com- mittee, and in his committee of pre- offered by the gentlewoman from Flor- other Clean Water Act related bills vious service, the Committee on Armed ida (Mrs. THURMAN), Alternative Water that have been approved by the House Services on which he jointly served Sources Act of 2000 which passed the during the 106th Congress. These are throughout this last term. House on May 3 by a vote of 416-to-5; H.R. 3039, the Chesapeake Bay Restora- I extend to Laura, his dear, wonder- H.R. 2328, offered by the gentleman tion Act, sponsored by our late col- ful wife, very beautiful and treasured from New York (Mr. SWEENEY), a bill to league, the gentleman from Virginia person, my deepest sympathies and reauthorize the Clean Lakes program (Mr. BATEMAN), and I thank the gen- those of my wife. I know this is a great which passed the House on April 12, by tleman from Ohio (Mr. LATOURETTE) loss. Herb was looking forward to re- a vote of 420-to-5; H.R. 4104, offered by very much for mentioning the gen- tirement. One could just see the twin- the gentleman from Mississippi (Mr. tleman from Virginia (Mr. BATEMAN). kle in his eye of the enjoyment that he TAYLOR), the Sound Restoration Act H.R. 1237, a bill to reauthorize the was looking forward to, spending time which just passed the House by voice EPA’s national estuary program spon- with his family and time for himself to vote; H.R. 3378, offered by the gen- sored by the gentleman from New Jer- travel and to see more of America and tleman from California (Mr. BILBRAY), sey (Mr. SAXTON); H.R. 673, the Florida to see more of the beloved area of Vir- the Tijuana River Valley Estuary and Keys Water Quality Improvements Act ginia that he served so well. My pray- Beach Sewage Clean Up Act of 2000 sponsored by the gentleman from Flor- ers are with the gentleman from Vir- which just passed the House about half ida (Mr. DEUTSCH); H.R. 3313, the Long ginia (Mr. BATEMAN) and with his fam- an hour ago. Island Sound Restoration Act spon- ily in their hour of need. This legislation addresses identified sored by the gentlewoman from Con- Mr. BOEHLERT. Mr. Speaker, I am needs and will provide significant im- necticut (Mrs. JOHNSON); H.R. 2957, the proud to be a strong supporter of the provements to the quality of our Na- Lake Pontchartrain Basin Restoration House Amendment to S. 835, the Clean tion’s waters. I want to thank all of the Act sponsored by my neighbor and col- Waters and Bays Act of 2000. bill sponsors and all of the members of league, the gentleman from Louisiana S. 835 was introduced by the late Sen- the Committee on Transportation and (Mr. VITTER); H.R. 1106, the Alternative ator John Chafee in April 1999 and Infrastructure, in particular our chair- Sources Water Act, sponsored by the passed the Senate by unanimous con- man, the gentleman from Pennsylvania gentlewoman from Florida (Mrs. THUR- sent on March 30, 2000. Senator Chafee (Mr. SHUSTER), the outstanding rep- MAN); H.R. 2328, a bill to reauthorize was a champion for the environment resentative, the gentleman from Min- EPA’s Clean Lakes program; H.R. 4104 and S. 835 reflects his dedication to en- nesota (Mr. OBERSTAR), the chairman and H.R. 3378 which we just recently suring that all Americans have safe of our subcommittee, the gentleman approved. and clean water. from New York (Mr. BOEHLERT) and the I support the substitute amendment As passed by the Senate, S. 835 is a ranking member, the gentleman from and urge my colleagues to vote in favor clean water omnibus bill that encour- Pennsylvania (Mr. BORSKI) for their of its passage. ages estuary restoration through part- hard work in bringing this legislation Mr. Speaker, I yield the remainder of nerships with the Corps of Engineers, to the floor. my time to the gentleman from Min- and Reauthorizes the Clean Water I think that S. 835, which we now nesota (Mr. OBERSTAR), the ranking Act’s Chesapeake Bay Program, Long consider, again demonstrates the qual- member of the full Committee on Island Sound Office, and National Estu- ity and quantity of work that is done Transportation and Infrastructure. ary Program.

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\K12SE7.232 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7491 The House Amendment to S. 835 re- bers may have 5 legislative days within (2) the United States should consider re- places the Senate text with the text which to revise and extend their re- moving existing unilateral legislative and from House-passed bills on estuary res- marks on H.R. 3378, H.R. 1775, H.R. 4104 administrative measures imposed against toration, the Chesapeake Bay Program, and S. 835. India, which prevent the normalization of The SPEAKER pro tempore (Mr. United States-India bilateral economic and the Long Island Sound, and the Na- trade relations; tional Estuary Program. In addition, PEASE). Is there objection to the re- (3) established institutional and collabo- the House amendment adds House- quest of the gentleman from Ohio? rative mechanisms between the United passed bills to reauthorize the Clean There was no objection. States and India should be maintained and Lakes Program, as well as bills to ad- f enhanced to further a robust partnership be- dress other water infrastructure needs tween the two countries; SENSE OF HOUSE REGARDING (4) it is vitally important that the United at both the national and regional lev- UNITED STATES-INDIA RELATIONS els. State and India continue to share informa- Mr. GILMAN. Mr. Speaker, I move to tion and intensify their cooperation in com- Each bill in this package is non-con- bating terrorism; and troversial and has already passed the suspend the rules and agree to the reso- lution (H. Res. 572) expressing the sense (5) the upcoming visit of the Prime Min- House with overwhelming support. The ister of India, Atal Bihari Vajpayee, to the of the House of Representatives that it purpose of this omnibus package is to United States is a significant step toward have a vehicle that we can work out is in the interest of both the United broadening and deepening the friendship and with the Senate and send to the Presi- States and the Republic of India to ex- cooperation between United States and dent’s desk. pand and strengthen United States- India. S. 835 will go a long way toward ad- India relations, intensify bilateral co- The SPEAKER pro tempore. Pursu- dressing the specific water quality operation in the fight against ter- ant to the rule, the gentleman from needs that my subcommittee on water rorism, and broaden the ongoing dia- New York (Mr. GILMAN) and the gen- resources and environment identified logue between the United States and tleman from Connecticut (Mr. GEJDEN- through extensive hearings. India, of which the upcoming visit to SON) each will control 20 minutes. The solutions put forth by this bill the United States of the Prime Min- The Chair recognizes the gentleman are solutions that every Member of ister of India, Atal Bihari Vajpayee, is from New York (Mr. GILMAN). Congress should be proud to embrace. a significant step. GENERAL LEAVE The Clerk read as follows: This legislation does not impose any Mr. GILMAN. Mr. Speaker, I ask new mandates. Instead, this legislation H. RES. 572 unanimous consent that all Members encourages cooperative efforts at the Whereas the United States and the Repub- may have 5 legislative days within local, state and federal levels and fos- lic of India are two of the world’s largest de- which to revise and extend their re- mocracies that together represent one-fifth marks on H. Res. 572. ters public-private partnerships to of the world’s population and more than one- identify and address water quality The SPEAKER pro tempore. Is there fourth of the world’s economy; objection to the request of the gen- problems. Whereas the United States and India share tleman from New York? I urge all Members to Support S. 835, common ideals and a vision for the 21st cen- There was no objection. tury, where freedom and democracy are the as amended. Mr. GILMAN. Mr. Speaker, I yield Mr. TAYLOR of Mississippi. Mr. strongest foundations for peace and pros- perity; myself such time as I may consume. Speaker, we have no additional re- (Mr. GILMAN asked and was given quests for time, and I yield back the Whereas in keeping with this vision India has given refuge to His Holiness the Dalai permission to revise and extend his re- balance of my time. Lama, Burmese refugees fleeing repression marks.) Mr. LATOURETTE. Mr. Speaker, I in Burma, and is a refuge for people in the Mr. GILMAN. Mr. Speaker, today I yield back the balance of my time. region struggling for their basic human introduced H. Res. 572, along with the The SPEAKER pro tempore. The rights; gentleman from Connecticut (Mr. question is on the motion offered by Whereas the United States and India are GEJDENSON), a resolution expressing the gentleman from Ohio (Mr. partners in peace with common interests in the sense of the House of Representa- and complementary responsibility for ensur- LATOURETTE) that the House suspend tives that it is in the interest of both the rules and pass the Senate bill, S. ing international security and regional peace and stability; our Nation and India to expand and 835, as amended. Whereas the United States and India are strengthen U.S.- India relations. To in- The question was taken; and (two- allies in the cause of democracy, sharing our tensify bilateral cooperation in our thirds having voted in favor thereof) experience in nurturing and strengthening fight against terrorism and to broaden the rules were suspended and the Sen- democratic institutions throughout the the ongoing dialogue between the ate bill, as amended, was passed. world and fighting the challenge to demo- United States and India, of which the A motion to reconsider was laid on cratic order from forces such as terrorism; upcoming visit to the United States of the table. Whereas the growing partnership between the Prime Minister of India Atal Bihari the United States and India is reinforced by Vajpayee, is a significant step. APPOINTMENT OF CONFEREES the ties of scholarship, commerce, and in- Mr. LATOURETTE. Mr. Speaker, I creasingly of kinship among our people; This coming Thursday, Indian Prime ask unanimous consent to take from Whereas the industry, enterprise, and cul- Minister Atal Vajpayee will address a the Speaker’s table the Senate bill (S. tural contributions of Americans of Indian joint session of the Congress. His his- 835) to encourage the restoration of es- heritage have enriched and enlivened the so- toric visit comes at a precious moment tuary habitat through more efficient cieties of both the United States and India; in U.S.-Indian relations. The world’s project financing and enhanced coordi- and two largest and most vibrant democ- Whereas the bonds of friendship between nation of Federal and non-Federal res- racies are in the process of creating a the United States and India can be deepened relationship that truly reflects our mu- toration programs, and for other pur- and strengthened through cooperative pro- poses, with a House amendment there- tual interests. grams in areas such as education, science Both of our governments are dedi- to, insist on the House amendment, and technology, information technology, fi- cated to the protection of the rule of and request a conference with the Sen- nance and investment, trade, agriculture, en- law, to democracy, and to freedom of ate thereon. ergy, the fight against poverty, improving religion. Our citizens share a fervent The SPEAKER pro tempore. Is there the environment, infrastructure develop- faith in these core values. It is also objection to the request of the gen- ment, and the eradication of human suf- fering, disease, and poverty: Now, therefore, why India and the United States see tleman from Ohio? be it eye to eye on so many regional con- There was no objection. Resolved, That it is the sense of the House cerns. f of Representatives that— China’s hegemony, the spread of Is- (1) the United States and the Republic of lamic terrorism spilling out of Afghan- b 2320 India should continue to expand and istan and Pakistan, the narco-dictator- GENERAL LEAVE strengthen bilateral security, economic, and political ties for the mutual benefit of both ship in Burma, China’s illegal occupa- Mr. LATOURETTE. Mr. Speaker, I countries, and for the maintenance of peace, tion of Tibet, are serious concerns to ask unanimous consent that all Mem- stability, and prosperity in South Asia; both of our nations.

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.130 pfrm02 PsN: H12PT1 H7492 CONGRESSIONAL RECORD — HOUSE September 12, 2000 During this past summer, the world who stayed up to hear this debate. And one of our most important and strategic rela- was horror stricken when Islamic ter- I am sorry to see the chairman engage tionships. rorists gunned down some 101 Hindu in some gratuitous assaults on the ad- The visit of Indian Prime Minister Atal Bihari pilgrims in Kashmir. The massacre ministration, because, indeed, it is Vajpayee to the U.S. provides an opportunity came only 2 weeks after the largest President Clinton who lead the recent for a further broadening and deepening of the militant Kashmiri group Hezb-ul trip to India and really welding to- bilateral relationship. Mujahadeen called for a cease-fire. The gether these two great democracies. With the end of the Cold War and the sub- killings apparently were intended to And while Congress and many of the sequent liberalization of the Indian economy, sabotage any attempt to peacefully people in government, executive and U.S.-India relations have steadily improved. broker a settlement to the Kashmir legislative, had not recognized for a President Clinton was enthusiastically received crisis. long time the important bond between when he visited India in March, 2000. During All of us were outraged by the brutal India and the United States and Con- that visit, the two leaders set forth the frame- barbaric killings of innocent civilians. necticut with the leadership of Chet work for a new partnership between our two Such malicious extraordinary violence Bowles, twice ambassador to India, the countries in the Joint Vision Statement. reinforces my conviction that India Congressman from my district, when I The Prime Minister's visit provides us with and the United States must develop a was a young man and a governor of the an important opportunity to further the goals of much closer military and intelligence State of Connecticut, he understood the Vision Statement. relationship. A special relationship is even then how important this relation- The U.S. is India's largest trading partner needed so that we can share our knowl- ship between the United States and and largest investor. Home to one-fifth of the edge and skills in order to successfully India was. world's population, India continues to reduce confront our mutual enemies who wish The present ambassador at work for and eliminate barriers to trade, and U.S. in- to destroy the basic principles of our Chester Bowles is doing a fine job vestment has grown from $500 million per societies. there, as the gentleman from New York year in 1991 to over $15 billion in 1999. Regrettably, the State Department (Mr. GILMAN) pointed out. This Thurs- The Asian Development Bank has forecast has confused our friends and allies in day we will have an address by the a 7 percent growth in GDP for India over the Asia by promoting a strategic partner- Prime Minister of India, an address next two years in light of India's stable govern- ship with China and by ignoring the that will be greeted in this House by ment, proposed structural reforms and proven fact that Beijing, in violation of the near bipartisan support and approval. ability to capitalize on the global technology Nuclear Nonproliferation Treaty, As we have ended the confrontation revolution. transfers and sells nuclear and ballistic with the old Soviet Union, the natural The Clinton administration has identified weapons technology to Pakistan, a na- bonds between our two democracies India as one of the world's 10 major emerging tion that has been spreading terrorism continue to build a stronger and markets. The waiver of economic sanctions by throughout South Asia by supporting stronger relationship. The United the U.S. and the opening up of the insurance the Taliban and other repressive forces. States is India’s largest trading part- sector in India are likely to further increase for- China has also sold billions of dollars ner. The Americans in this country and eign direct investment in India. of arms to the narco-dictatorship in Indians from abroad who have come India is a vital U.S. ally in the fight against Burma that borders on India. We need here have built a stronger and stronger global terrorism. Because there are significant to lift the remaining economic sanc- relationship, and as Indian-Americans links between terrorists groups operating in tions that were imposed on India for have felt more a part of our society, India and those targeting the U.S., the U.S.- testing nuclear weapons. As long as the they have helped build that bridge be- India Joint Working Group on Counter-Ter- State Department permits China to go tween the United States and India. rorism was recently founded to coordinate unchecked and it continues to stoke This visit by the Prime Minister is a antiterrorism efforts and share intelligence in- the fires in South Asia, India will need visit that will take us to the next level, formation. In the same manner that the United to be able to defend itself. bringing America’s attention squarely States and India have forged strong economic India’s Prime Minister’s address to focused on India and the shared values and commercial links, so too must we Congress this week will afford all of us, we have in democracy fighting ter- strengthen our partnership for peace and build all Members of the House and Senate, rorism, confronting infectious diseases, a comprehensive regime to counter terrorism. the opportunity to hear about the and helping develop democracy around The million-strong Indian-American commu- issues of importance and the U.S.-India the globe. India truly is a marvelous nity in the U.S. provides a strong bond be- bilateral relationship, including trade, example of people. Consider about a tween India and the U.S. Indian-Americans energy, investment, science, informa- billion people, half of them very poor, have made immeasurable contributions to our tion technology, as well as our cooper- still they sustain a civil society that country and are a vital part of communities ative efforts to combat terrorism and most countries in the world have not from San Francisco to Miami and every where to achieve regional peace and security yet attained. in betweenÐeven, I am proud to note, in my in South Asia, a region of prime impor- Mr. Speaker, I join with the gentle- home state of Connecticut. tance to our national interests. man’s statements, at least part of the Indian Americans, who have organized As the current Indian government gentleman’s statement, and that is themselves into a large number of associa- works to ensure that India remains se- commending the President for having tions and organizations, are playing an impor- cure, our democracy should be march- gone to India, commending the Prime tant role in deepening and strengthening co- ing shoulder to shoulder with her dur- Minister for coming here. And I can as- operation between India and the United ing this new century. So I look forward sure him and the Indian people that States. to meeting with the prime minister there will be no head of state that gets As the President stated in his March 22 ad- and working closely with him and his a warmer and friendlier greeting from dress to the Parliament of India, ``India and government on initiatives that bring the American people and from this America are natural allies, two nations con- peace and prosperity to India and to Congress than the Prime Minister of ceived in liberty, each finding strength in its di- Asia and even stronger bonds of friend- India will get. versity, each seeing in the other a reflection of ship between our two nations. Accord- Mr. Speaker, I urge passage of this its own aspiration for a more humane and just ingly, I urge all of our colleagues to legislation. world.'' support this resolution. Mr. Speaker, I rise in strong support of this It is essential for the United States and Mr. Speaker, I reserve the balance of resolution, and yield myself as much time as IndiaÐthe world's two largest democraciesÐ my time. I may consume. to strengthen our growing bonds of friendship. Mr. GEJDENSON. Mr. Speaker, I On Thursday, September 14th, the United I urge my colleagues to support the House yield myself such time as I may con- States Congress will meet in a rare joint ses- Resolution to welcome Prime Minister sume. sion to hear from the prime Minister of India. Vajpayee to the United States and encourage Mr. Speaker, while it is just morning It is appropriate that Prime Minister Vajpayee a robust U.S.-India partnership. in India, it is rather late in the evening should be accorded this honor. Mr. ROYCE. Mr. Speaker, I rise in support here, so I will be brief. A few folks After all, world's largest democracy and the of H.Res. 572, of which I am a cosponsor. In- watching at home include my son, Ari, world's oldest have much in common. India is dian Prime Minister Vajpayee's state visit this

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00118 Fmt 4634 Sfmt 9920 E:\CR\FM\K12SE7.236 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7493 week caps off a special year in U.S.-India re- ber of my constituents who are of Indian de- The SPEAKER pro tempore. Under a lations that began with President Clinton's scent. previous order of the House, the gen- March visit to India. The Prime Minister's visit I was so touched and honored by the warm tleman from Texas (Mr. GREEN) is rec- provides another excellent opportunity for the reception the President's delegation received. ognized for 5 minutes. U.S. and India to advance further our rapidly I know that we will all do our best to recip- (Mr. GREEN of Texas addressed the improving and mutually beneficial relationship. rocate so that Prime Minister Vajpayee's visit House. His remarks will appear here- I want to commend Speaker HASTERT for in- is greeted with the honor and respect it de- after in the Extensions of Remarks.) viting the Prime Minister to share his vision of serves. f India's relationship with the U.S. with mem- On Thursday, Prime Minister Vajpayee will The SPEAKER pro tempore. Under a bers of the House and Senate. Thursday's address a joint session of Congress. This will previous order of the House, the gen- speech will be the first congressional address be the first address to a joint session of Con- tleman from Texas (Mr. PAUL) is recog- by a foreign leader in over two years. This ad- gress by an Indian Prime Minister in six years nized for 5 minutes. dress will be an especially significant moment and the only address by a world leader to the (Mr. PAUL addressed the House. His for the over 100 members of the Congres- 106th Congress. remarks will appear hereafter in the sional Caucus on India and Indian Americans, It is important that on this historic occasion, Extensions of Remarks.) who have worked hard on legislation affecting Congress sends a strong message on the im- f India. portance of our relationship with India in such I had the privilege of traveling to India with critical areas as trade, national security, The SPEAKER pro tempore. Under a the President, and saw firsthand the country's health, science and technology and education. previous order of the House, the gentle- vitality and the desire by the Indian people to The friendship between our people has never woman from the Virgin Islands (Mrs. develop a closer relationship with America. In been stronger and the relationship between CHRISTENSEN) is recognized for 5 min- New Delhi, President Clinton and Prime Min- our governments has reached a new height of utes. ister Vajpayee signed a joint statement on cooperation. That is why I am a proud original (Mrs. CHRISTENSEN addressed the ``India-U.S. Relations: A Vision for the 21st cosponsor of H. Res. 572. The resolution ex- House. Her remarks will appear here- Century.'' This is an important statement, com- presses the Sense of the Congress that the after in the Extensions of Remarks.) ing after years of American indifference toward United States and India should continue to f India. It is important that we treat this state- work together. The SPEAKER pro tempore. Under a ment as a living document, working to ensure I urge all members to vote in support of it, previous order of the House, the gen- that its vision becomes reality. and on behalf of myself, my family and my tleman from Pennsylvania (Mr. PITTS) The joint statement includes a pledge ``to re- constituents, I offer a wholehearted and gra- is recognized for 5 minutes. duce impediments to bilateral trade and in- cious welcome to Prime Minister Vajpayee. (Mr. PITTS. addressed the House. His vestment and to expand commerce'' between Mr. GEJDENSON. Mr. Speaker, I remarks will appear hereafter in the our two countries. The U.S. is now not only yield back the balance of my time. Extensions of Remarks.) the largest investor in India, it is also India's Mr. GILMAN. Mr. Speaker, I yield f largest trading partner, with trade between the back the balance of my time. The SPEAKER pro tempore. Under a two countries totaling nearly $13 billion. The SPEAKER pro tempore. The previous order of the House, the gen- The Prime Minister's state visit will also be question is on the motion offered by tleman from Minnesota (Mr. RAMSTAD) a larger opportunity to highlight the great eco- the gentleman from New York (Mr. is recognized for 5 minutes. nomic and cultural contributions of all Indo- GILMAN) that the House suspend the (Mr. RAMSTAD addressed the House. Americans, who act as a valuable bridge be- rules and agree to the resolution, His remarks will appear hereafter in tween our two countries. I join my colleagues House Resolution 572. the Extensions of Remarks.) in welcoming the Prime Minister and look for- The question was taken. ward to his speech before members of the Mr. GILMAN. Mr. Speaker, on that I f House and the Senate. demand the yeas and nays. REMEMBERING THE SINKING OF Ms. SCHAKOWSKY. Mr. Speaker, I am so The yeas and nays were ordered. THE HMT ROHNA proud to join my colleagues, the Distinguished The SPEAKER pro tempore. Pursu- Chairman and the ranking Democratic mem- ant to clause 8 of rule XX and the The SPEAKER pro tempore. Under a ber of the International Relations Committee in Chair’s prior announcement, further previous order of the House, the gen- welcoming to the United States the Honorable proceedings on this motion will be tleman from Washington (Mr. Prime Minister of India, Atal Behari Vajpayee. postponed. METCALF) is recognized for 5 minutes. On behalf of Illinois' Indian American com- Mr. METCALF. Mr. Speaker, the f munity and the people of Illinois in the 9th greatest naval disaster in the United Congressional District, I want to express a b 2330 States during World War II was the most sincere welcome and best wishes for an sinking of the USS Arizona. 1,177 were enjoyable and meaningful visit to Prime Min- SPECIAL ORDERS killed. The Arizona has been memorial- ister Vajpayee. The SPEAKER pro tempore (Mr. ized in the national consciousness. As my colleagues and the Prime Minister PEASE). Under the Speaker’s an- On November 26, 1943, however, a loss are aware, the Chicago Metropolitan area nounced policy of January 6, 1999, and of American military personnel of al- boasts one of our country's most diverse pop- under a previous order of the House, most identical magnitude occurred ulations, including a thriving Indian-American the following Members will be recog- when the British troop transport ship, community of over 100,000 that is growing nized for 5 minutes each. the HMT Rohna, was sunk by a radio- every year. As a member of Congress who f controlled rocket-boosted bomb values the relationship between our two na- launched from a German bomber off The SPEAKER pro tempore. Under a tions and recognizes the significance of Prime the coast of North Africa. By the next previous order of the House, the gentle- Minister Vajpayee's visit, I believe this is an day, 1,015 American troops and more woman from Hawaii (Mrs. MINK) is rec- opportunity to strengthen relations between than 100 British and Allied officers and ognized for 5 minutes. India and our country even further. The Prime crewmen had perished. (Mrs. MINK of Hawaii addressed the Minister's visit also gives the Indian American The U.S. troops aboard the Rohna House. Her remarks will appear here- community a chance to showcase its contribu- have been largely forgotten by their after in the Extensions of Remarks.) tions to American society and to the U.S.-India country. I only learned of this disaster dialogue. f because a neighbor of mine on Whidbey I was fortunate to be one of eight members The SPEAKER pro tempore. Under a Island had a brother who was lost when of Congress privileged to join President Clin- previous order of the House, the gen- the Rohna was sunk. He made me ton on his historic trip to India earlier this year. tleman from Virginia (Mr. WOLF) is aware of the issue and the book about That was such an incredible and valuable ex- recognized for 5 minutes. the sinking of the Rohna. perience for me, one which I learned from and (Mr. WOLF addressed the House. His It is a grim story. Hundreds died which has helped me to understand the rich remarks will appear hereafter in the when the German missile struck. The history and cultural traditions of a great num- Extensions of Remarks.) majority, however, died from exposure

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00119 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.132 pfrm02 PsN: H12PT1 H7494 CONGRESSIONAL RECORD — HOUSE September 12, 2000 and drowning when darkness and rough REVISIONS OF APPROPRIATE LEV- The third table compares the current levels seas limited the rescue efforts. Less ELS OF DEBT IN THE CONGRES- of discretionary appropriations for fiscal year than half, over 900, survived, which was SIONAL BUDGET RESOLUTION 2000 with the revised ``section 302(b)'' sub-al- less than half. The SPEAKER pro tempore. Under a locations of discretionary budget authority and American, British and French rescue previous order of the House, the gen- outlays among Appropriations subcommittees. workers worked valiantly to save those tleman from Ohio (Mr. KASICH) is rec- This comparison is also needed to implement Rohna passengers and crew who made ognized for 5 minutes. section 302(f) of the budget Act because the it off the ship and into the ocean. The Mr. KASICH. Mr. Speaker, section 213(1) of point of order under that section also applies USS Pioneer picked up two-thirds of all the conference report on the Concurrent Res- to measures that would breach the applicable those that were saved, 606 GIs. Many of olution on the Budget for Fiscal Year 2001 (H. section 302(b) sub-allocation. those in the water had to endure hours Con. Res. 290) permits certain adjustments if The fourth table compares discretionary ap- the Congressional Budget Office (CBO) in- of chilling temperatures before being propriations to the levels provided by section creases its estimate of the surplus. CBO re- picked up. As the evening moved into 251(c) of the Balanced Budget and Emer- cently increased its estimate of the on-budget the middle of the night and the early gency Deficit Control Act of 1985. Section 251 surplus for the current fiscal year by $57.2 bil- morning hours, some men were speech- requires that, if at the end of a session discre- lion. I submit for printing in the Congressional tionary spending in any category exceeds the less with the cold. Many died deaths of Record revisions to the levels of the public unbelievable agony. limits set forth in section 251(c) (as adjusted debt and the debt held by the public for fiscal pursuant to provisions of section 251(b)), there The United States Government had years 2000±2005 based on that increase in shall be a sequestration of funds within that not properly acknowledged this event. the surplus. category to bring spending within the estab- Because inadequate records were kept, REVISED APPROPRIATE LEVELS OF DEBT IN THE lished limits. As determination of the need for some survivors had to fight for years to a sequestration is based on the report of the prove that the Rohna even existed, let CONGRESSIONAL BUDGET RESOLUTION (End of year in billions of dollars) President required by section 254, this table is alone that survivors might be due some provided for information purposes only. recognition. Debt held Fiscal year Public debt by the pub- REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE Finally, at a 1996 memorial dedica- lic tion honoring the Americans who died BUDGET; STATUS OF THE FISCAL YEAR 2000 CONGRES- 2000 ...... 5,583.0 3,413.0 SIONAL BUDGET ADOPTED IN H. CON. RES. 290 on the Rohna, survivor John Fievet 2001 ...... 5,666.6 3,256.0 spoke the following words: 2002 ...... 5,757.5 3,077.9 Reflecting Action Completed as of September 6, 2000 (On-budget amounts, 2003 ...... 5,857.2 2,891.2 in millions of dollars) I dedicate this memorial to the memory of 2004 ...... 5,951.6 2,689.8 2005 ...... 6,040.9 2,467.0 Fiscal year Fiscal year those who fell in the service of our country. 2000 2000–2004 I dedicate it in the names of those who of- Questoins may be directed to Dan Kowalski fered their lives that justice, freedom and de- Appropriate Level (as amended): at 67270. Budget authority 1 ...... 1,484,852 NA mocracy might survive to be the victorious 2 STATUS REPORT ON CURRENT SPENDING LEVELS Outlays ...... 1,455,479 NA ideals of the world. The lives of those who Revenues 3 ...... 1,465,500 7,768,100 OF ON-BUDGET SPENDING AND REVENUES FOR made the supreme sacrifice are glorious be- Current Level: FY 2000 AND THE 5-YEAR PERIOD FY 2000 Budget authority ...... 1,482,479 NA fore us. Their deeds are an inspiration. As THROUGH FY 2004 Outlays ...... 1,458,357 NA they served America in the time of war, Revenues ...... 1,465,492 7,871,246 Mr. KASICH. Mr. Speaker, to facilitate appli- Current Level over (+)/under (¥) Appropriate yielding their last full measure of devotion, Level: may we serve America in time of peace. I cation of sections 302 and 311 of the Con- Budget authority ...... ¥2,373 NA dedicate this monument to them, and with gressional Budget Act, I am transmitting a sta- Outlays ...... 2,878 NA Revenues ...... ¥8 103,146 it, I dedicate this society to the faithful tus report on the current levels of on-budget service of our country and the preservation spending and revenues for fiscal year 2000 NA—Not applicable because annual appropriations Acts for Fiscal Years 2002 through 2004 will not be considered until future sessions of Congress. of the memory of those who died, that lib- and for the 5-year period of fiscal year 2000 1 Budget Authority—Enactment of any measure providing new budget au- erty might live. through fiscal year 2004. This status report is thority in excess of $2,373,000,000 for FY 2000 (if not already included in current through September 6, 2000. the current level estimate) would cause FY 2000 budget authority to exceed The men who gave their lives for the appropriate level set by H. Con. Res. 290. The term ``current level'' refers to the 2 Outlays—Enactment of any measure providing new outlays for FY 2000 their country on board this ship were amounts of spending and revenues estimated (if not already included in the current level estimate) would cause FY 2000 heroes who deserve to be recognized outlays to further exceed the appropriate level set by H. Con. Res. 290. for each fiscal year based on laws enacted or 3 Revenues—Enactment of any measure that would result in any revenue and not forgotten. Parents of virtually loss for FY 2000 (if not already included in the current level estimate) would awaiting the President's signature. cause revenues to fall further below the appropriate level set by H. Con. all of them died without learning how The first table in the report compares the Res. 290. Enactment of any measure resulting in any revenue loss for FY their sons had died, because this was current level of total budget authority, outlays, 2000 through 2004 in excess of $103,146,000,000 (if not already included in the current level estimate) would cause revenues to fall below the appro- something that was not made public. and revenues with the aggregate levels set by priate levels set by H. Con. Res. 290. Their brothers and sisters, wives and H. Con. Res. 290. This comparison is needed children need to hear their story. All to implement section 311(a) of the Budget Act, DIRECT SPENDING LEGISLATION—COMPARISON OF CUR- Americans need to learn of their brav- which creates a point of order against meas- RENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT ery and sacrifice. Not only do the vic- ures that would breach the budget resolution's TO BUDGET ACT SECTION 302(A) REFLECTING ACTION tims of the tragic sinking need to be aggregate levels. The table does not show COMPLETED AS OF SEPT. 6, 2000 honored, but also their comrades, who budget authority and outlays for years after fis- (Fiscal years in million of dollars) survived, to be sent on to the Burma- cal year 2000. India-China theater of the war and The second table compares the current lev- 2000 2000–2004 there to serve valiantly. els of budget authority and outlays of each au- BA Outlays BA Outlays On November 11, 1993, Charles Osgood thorizing committee with jurisdiction over direct HOUSE COMMITTEE spending programs with the ``section 302(a)'' Agriculture: featured the Rohna story on his wide- allocations for discretionary action made under Allocation ...... 5,500 5,500 13,489 12,533 spread radio program. For the first Current Level ...... 5,500 5,500 13,485 12,562 H. Con. Res. 290 for fiscal year 2000 and fis- Difference ...... (4) 29 time, in 1993, a broad cross-section of cal years 2000 through 2004. ``Discretionary Armed Services: America got to hear the story of some Allocation ...... action'' refers to legislation enacted after Current Level ...... of its unknown warriors. Osgood revis- adoption of the budget resolution. This com- Difference ...... ited the subject two weeks later. Ac- Banking and Financial parison is needed to enforce section 302(f) of Services: cording to Osgood, ‘‘It is not that we the Budget Act, which creates a point of order Allocation ...... (968) forgot, it is just that we never knew.’’ Current Level ...... against measures that would breach the sec- Difference ...... 968 Commerce: Americans need to know about the tion 302(a) discretionary action allocation of Allocation ...... Rohna. They need to know about the new budget authority for the committee that Current Level ...... 10 10 Difference ...... 10 10 men who died on board, sacrificing reported the measure. It is also needed to en- Education & the Work- their lives in the fight against tyranny. force section 311(b), which exempts commit- force: Allocatin ...... Americans need to know, and certainly tees that comply with their allocations from the Current Level ...... must never forget. point of order under section 311(a). Difference ......

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00120 Fmt 4634 Sfmt 9920 E:\CR\FM\K12SE7.247 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7495 DIRECT SPENDING LEGISLATION—COMPARISON OF CUR- DIRECT SPENDING LEGISLATION—COMPARISON OF CUR- DIRECT SPENDING LEGISLATION—COMPARISON OF CUR- RENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT RENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT RENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT TO BUDGET ACT SECTION 302(A) REFLECTING ACTION TO BUDGET ACT SECTION 302(A) REFLECTING ACTION TO BUDGET ACT SECTION 302(A) REFLECTING ACTION COMPLETED AS OF SEPT. 6, 2000—Continued COMPLETED AS OF SEPT. 6, 2000—Continued COMPLETED AS OF SEPT. 6, 2000—Continued (Fiscal years in million of dollars) (Fiscal years in million of dollars) (Fiscal years in million of dollars)

2000 2000–2004 2000 2000–2004 2000 2000–2004 BA Outlays BA Outlays BA Outlays BA Outlays BA Outlays BA Outlays

HOUSE COMMITTEE HOUSE COMMITTEE HOUSE COMMITTEE Government Reform & Resources: Transportation & Infra- Oversight: Allocation ...... 121 6 structure: Allocation ...... Current Level ...... 7 3 (65) (65) Allocation ...... Current Level ...... 14 14 Difference ...... 7 3 (186 (71) Current Level ...... Difference ...... 14 14 Science: Difference ...... House Administratin: Allocation ...... Veterans’ Affairs: Allocation ...... Current Level ...... Allocation ...... 4,666 4,492 Current Level ...... Difference ...... Current Level ...... Difference ...... Select Committee on In- Difference ...... (4,666) (4,492) International Relations: telligence: Ways and Means: Allocation ...... Allocation ...... Allocation ...... (50) ...... 3,012 3,064 Current Level ...... Current ...... Current Level ...... 53 52 21 20 Difference ...... Difference ...... Difference ...... 103 52 (2,991) (3,044) Total Authorized: Judiciary: Small Business: Allocation ...... 5,450 5,500 21,288 19,127 Allocation ...... Allocation ...... Current Level ...... 5,560 5,555 13,009 12,131 Current Level ...... (456) (410) Current Level ...... Difference ...... 110 55 (8,279) (6,996) Difference ...... (456) (410) Difference ...... COMPARISON OF CURRENT LEVEL TO DISCRETIONARY SPENDING LEVELS SET FORTH IN SEC. 251(c) OF THE BALANCED BUDGET & EMERGENCY DEFICIT CONTROL ACT OF 1985 (Dollars in millions)

Defense 1 Nondefense 1 General purpose Violent crime Highway category Mass transit cat- trust fund egory BA O BA O BA O BA O BA O BA O

Statutory Caps 2 ...... NA NA NA NA 580,289 569,224 4,500 6,344 NA 24,574 NA 4,117 Current Level 3 ...... 298,744 289,521 282,210 291,370 580,954 580,891 4,486 6,999 NA 24,393 NA 4,569 Difference (Current level—Caps) ...... NA NA NA NA 665 11,667 ¥14 655 NA ¥181 NA 452 1 Defense and nondefense categories are advisory rather than statutory. 2 Established by OMB Sequestration Update Report for Fiscal Year 2001. 3 Consistent with H. Con. Res. 290.

DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2000—COMPARISON OF CURRENT LEVEL WITH SUBALLOCATIONS PURSUANT TO BUDGET ACT SECTION 302(b) (In millions of dollars)

302(b) suballocations Current level reflecting Difference last updated on Octo- action completed as of ber 12, 1999 1 September 6, 2000 BA O BA O BA O

Agriculture, Rural Development ...... 13,882 14,346 14,825 14,994 943 648 Commerce, Justice, State ...... 35,774 34,907 38,461 38,429 2,687 3,522 National Defense ...... 267,692 259,130 277,137 267,864 9,445 8,734 District of Columbia ...... 453 448 434 505 (19) 57 Energy & Water Development ...... 20,190 20,140 21,295 21,343 1,105 1,203 Foreign Operations ...... 12,625 13,168 16,400 14,136 3,775 968 Interior ...... 13,888 14,354 15,142 15,029 1,254 675 Labor, HHS & Education ...... 75,763 77,063 89,504 90,539 13,741 13,476 Legislative Branch ...... 2,478 2,484 2,466 2,450 (12) (34) Military Construction ...... 8,374 8,775 8,489 8,598 115 (177) Transportation 2 ...... 12,400 43,445 13,256 43,739 856 294 Treasury-Postal Service ...... 13,706 14,115 13,807 14,232 101 117 VA–HUD–Independent Agencies ...... 68,633 82,045 74,502 85,267 5,869 3,222 Reserve/Offsets ...... 0 0 0000 Unassigned 3 ...... 42,395 29,609 (278) (273) (42,673) (29,882) Grand total ...... 588,253 614,029 585,440 616,852 (2,813) 2,823 1 The Appropriations Committee did not revise the fiscal year 2000 302(b) suballocations after the passage of H. Con. Res. 290. 2 Transportation does not include mass transit BA. 3 Unassigned includes the allocation adjustments provided under Section 314, but not yet allocated under Section 302(b), and amounts included in H. Con. Res. 290 not allocated by the Appropriations Committee.

U.S. CONGRESS, Act, 2001 (Public Law 106–259). Those actions FISCAL YEAR 2000 HOUSE CURRENT LEVEL REPORT AS CONGRESSIONAL BUDGET OFFICE, changed budget authority and outlays. OF SEPT. 7, 2000—Continued Washington, DC, September 8, 2000. Sincerely, (In millions of dollars) Hon. JOHN R. KASICH, Barry B. Anderson. Chairman, Committee on the Budget, (for Dan L. Crippen). Budget au- U.S. House of Representatives, Washington, DC. thority Outlays Revenues Enclosure. DEAR MR. CHAIRMAN, the enclosed report shows the effects of Congressional action on Wendell H. Ford Aviation In- FISCAL YEAR 2000 HOUSE CURRENT LEVEL REPORT AS vestment and Reform Act the fiscal year 2000 budget and is current for the 21st Century (P.L. through September 6, 2000. This report is OF SEPT. 7, 2000 106–181) ...... 2,805 0 0 submitted under section 308(b) and in aid of (In millions of dollars) Trade and Development Act of 2000 (P.L. 106–200) .. 53 52 ¥8 section 311 of the Congressional Budget Act, Agricultural Risk Protection as amended. Budget au- Outlays Revenues Act of 2000 (P.L. 106– The estimates of budget authority, out- thority 224) ...... 5,500 5,500 0 lays, and revenues are consistent with the Military Construction Appro- Enacted in previous sessions: priations Act, 2001 (P.L. technical and economic assumptions of H. Revenues ...... 0 0 1,465,500 106–246) ...... 15,173 13,799 0 Con. Res. 290, the Concurrent Resolution and Permanents and other Department of Defense Ap- the Budget for Fiscal Year 2001, which re- spending legislation ...... 876,422 836,631 0 propriations Act, 2001 place H. Con. Res. 68, the Concurrent Resolu- Appropriation legislation 1 ... 869,318 889,756 0 (P.L. 106–259) ...... 1,779 0 0 Offseting receipts ...... ¥284,184 ¥284,184 0 tion on the Budget for Fiscal Year 2000. Total, enacted this ses- Since my last letter, dated June 19, 2000, Total, previously enacted 1,461,556 1,442,203 1,465,500 sion ...... 25,317 19,354 ¥8 the Congress has cleared and the President Enacted this session: Entitlements and Mandatories: has signed the Military Construction Appro- Omnibus Parks Technical Adjustment to baseline esti- mates for payments to priations Act, 2001 (Public Law 106–246) and Corrections Act of 1999 (P.L. 106–176) ...... 7 3 0 states for foster care and the Department of Defense Appropriations adoption assistance ...... ¥35 0 0

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00121 Fmt 4634 Sfmt 9920 E:\CR\FM\A12SE7.165 pfrm02 PsN: H12PT1 H7496 CONGRESSIONAL RECORD — HOUSE September 12, 2000 FISCAL YEAR 2000 HOUSE CURRENT LEVEL REPORT AS The third table compares the current levels SURPLUS OF SEPT. 7, 2000—Continued of discretionary appropriations for fiscal year Enactment of any measure that reduces (In millions of dollars) 2001 with the revised ``section 302(b)'' sub-al- the surplus for FY 2001 by more than locations of discretionary budget authority and $178,672,000,000 (if not already included in the Budget au- Outlays Revenues thority outlays among Appropriations subcommittees. current level estimate) would cause FY 2001 This comparison is also needed to implement Less: Items Excluded for Com- surplus to fall below the appropriate level parability with Budget Reso- section 302(f) of the Budget Act because the set by section 202 of H. Con. Res. 290. lution 1 ...... ¥4,359 ¥3,200 0 1 point of order under that section also applies Total Current Level ...... 1,482,479 1,458,357 1,465,492 ADVANCE APPROPRIATIONS Total Budget Resolution 2 .... 1,484,852 1,455,479 1,465,500 to measures that would breach the applicable Current Level Over Budget Resolution ...... 0 2,878 0 section 302(b) sub-allocation. Enactment of any measure that would re- Current Level Under Budget The fourth table compares discretionary ap- sult in FY 2001 advance appropriations in ex- Resolution ...... ¥2,373 0 ¥8 cess of $23,500,000,000 (if not already included Memorandum: Revenues, propriations to the levels provided by section 2000–2004: 251(c) of the Balanced Budget and Emer- in the current level estimate) would cause House Current Level ...... 0 0 7,871,246 the FY 2001 advance appropriations to exceed House Budget Resolution .... 0 0 7,768,100 gency Deficit Control Act of 1985. Section 251 Amount Current Level requires that, if at the end of a session discre- the appropriate level set by Section 203(b) of Over Resolution ...... 0 0 103,146 tionary spending in any category exceeds the H. Con. Res. 290. Source: Congressional Budget Office. limits set forth in section 251(c) (as adjusted Note.—P.L. = Public Law. DIRECT SPENDING LEGISLATION: COMPARISON OF CUR- 1 For purposes of enforcing section 311 of the Congressional Budget Act pursuant to section 251(b)), there shall be a RENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT in the House, the budget resolution does not include budget authority or sequestration of amounts within that category outlays for Social Security administrative expenses. As a result, current level TO BUDGET ACT SECTION 302(a) REFLECTING ACTION excludes these items. In addition, for comparability purposes, current level to bring spending within the established limits. COMPLETED AS OF SEPT. 6, 2000 budget authority excludes $1,159 million that was appropriated for mass transit. As the determination of the need for a seques- [Fiscal years, in millions of dollars] 2 Section 314 of the Congressional Budget Act, as amended, requires that tration is based on the report of the President the House Budget Committee revise the budget resolution to reflect funding required by section 254, this table is provided 2001 2001– provided in bills reported by the House for emergency requirements, dis- 2005 ability reviews, the Earned Income Tax Credit, and adoption assistance. Of for informational purposes only. House committee Outlays these revisions, $510 million in budget authority and $301 million in outlays BA Outlays BA are included in the budget resolution but are not yet included in the current REPORT TO THE SPEAKER FROM THE COMMITTEE level. ON THE BUDGET Agriculture: STATUS REPORT ON CURRENT SPENDING LEVELS Allocation ...... 3,062 2,295 9,837 8,824 STATUS OF THE FISCAL YEAR 2001 CONGRESSIONAL Current Level ...... 3,061 2,166 9,787 8,837 OF ON-BUDGET SPENDING AND REVENUES FOR Difference ...... (1) (129) (50) 13 FY 2001 AND THE 5-YEAR PERIOD FY 2001 BUDGET ADOPTED IN H. CON. RES. 290 REFLECTING Armed Services: THROUGH FY 2005 ACTION COMPLETED AS OF SEPT. 6, 2000 Allocation ...... [On-budget amounts, in millions of dollars] Current Level ...... Mr. KASICH. Mr. Speaker, to facilitate the Difference ...... application of sections 302 and 311 of the Fiscal Year Banking and Financial Services: Congressional Budget Act and sections 202 Allocation ...... (107) ...... (1,329) 2001 2001–2005 Current Level ...... and 203 of the conference report accom- Difference ...... 107 ...... 1,329 panying H. Con. Res. 290, I am transmitting a Approriate Level (as amended): Commerce: Budget Authority ...... 1,529,558 NA Allocation ...... status report on the current levels of on-budg- Outlays ...... 1,501,656 NA Current Level ...... 15 15 et spending and revenues for fiscal year 2001 Revenues ...... 1,503,200 8,022,400 Difference ...... 15 15 and for the 5-year period of fiscal years 2001 Surplus ...... 1,544 NA Education & the Workforce: Advance Appropriations ...... 23,500 NA Allocation ...... through fiscal year 2005. This status report is Current Level: Current Level ...... current through September 6, 2000. Budget Authority ...... 1,245,386 NA Difference ...... Outlays ...... 1,334,025 NA The term ``current level'' refers to the Government Reform & Oversight: Revenues ...... 1,514,241 8,169,171 Allocation ...... amounts of spending and revenues estimated Surplus ...... 180,216 NA Current Level ...... 1 1 20 20 Advance Appropriations ...... 0 NA Difference ...... 1 1 20 20 for each fiscal year based on laws enacted or Current Level over (+)/under(¥) Appropriate awaiting the President's signature. Level: House Administration: Budget Authority ...... ¥284,172 NA Allocation ...... The first table in the report compares the Outlays ...... ¥167,631 NA Current Level ...... current levels of total budget authority, outlays, Revenues ...... 11,041 146,771 Difference ...... Surplus ...... 178,672 NA International Relations: revenues, the surplus and advance appropria- Advance Appropriations ...... ¥23,500 NA Allocation ...... tions with the aggregate levels set forth by H. Current Level ...... NA—Not applicable because annual appropriations Acts for Fiscal Years Difference ...... Con. Res. 290. This comparison is needed to 2002 through 2005 will not be considered until future sessions of Congress. Judiciary: implement section 311(a) of the Budget Act Allocation ...... and sections 202 and 203(b) of H. Con. Res. BUDGET AUTHORITY Current Level ...... (114) (75) (570) (524) Difference ...... (114) (75) (570) (524) 290, which create points of order against Enactment of any measure providing new budget authority for FY 2001 (if not already Resources: measures that would breach the budget reso- Allocation ...... 162 44 included in the current level estimate) in ex- lution's aggregate levels. The table does not Current Level ...... (96) (98) (62) (58) cess of $284,172,000,000 would cause FY 2001 Difference ...... (96) (98) (224) (102) show budget authority and outlays for years budget authority to exceed the appropriate Science: after fiscal year 2001 because appropriations level set by H. Con. Res. 290. Allocation ...... Current Level ...... for those years have not yet been considered. OUTLAYS Difference ...... The second table compares the current lev- Enactment of any measure providing new Select Committee on Intelligence: els of budget authority and outlays of each au- Allocation ...... outlays for FY 2001 in excess of Current Level ...... thorizing committee with jurisdiction over direct $167,631,000,000 (if not already included in the Difference ...... spending programs with the ``section 302(a)'' current level estimate) would cause FY 2001 Small Business: outlays to exceed the appropriate level set Allocation ...... allocations for discretionary action made under Current Level ...... H. Con. Res. 290 for fiscal year 2001 and fis- by H. Con. Res. 290. Difference ...... cal years 2001 through 2005. ``Discretionary REVENUES Transportation & Infrastructure: Allocation ...... action'' refers to legislation enacted after the Enactment of any measure that would re- Current Level ...... adoption of the budget resolution. This com- sult in any revenue loss for FY 2001 in excess Difference ...... parison is needed to enforce section 302(f) of of $11,041,000,000 (if not already included in Veterans’ Affairs: Allocation ...... 510 479 7,280 7,037 the Budget Act, which creates a point of order the current level estimate) would cause reve- Current Level ...... against measures that would breach the sec- nues to fall below the appropriate level set Difference ...... (510) (479) (7,280) (7,037) tion 302(a) discretionary action allocation of by H. Con. Res. 290. Ways and Means: Enactment of any measure resulting in Allocation ...... 55 25 3,035 3,038 new budget authority for the committee that any revenue loss for FY 2001 through 2005 in Current Level ...... (47) (47) (29) (28) reported the measure. It is also needed to en- Difference ...... (102) (72) (3,064) (3,066) excess of $146,771,000,000 (if not already in- Total Authorized: force section 311(b), which exempts commit- cluded in the current level) would cause rev- Allocation ...... 3,627 2,692 20,314 17,614 tees that comply with their allocations from the enues to fall below the appropriate levels set Current Level ...... 2,805 1,947 9,161 8,262 point of order under section 311(a). by H. Con. Res. 290. Difference ...... (822) (745) (11,153) (9,352)

VerDate 12-SEP-2000 07:07 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00122 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.167 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7497 DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2001: COMPARISON OF CURRENT LEVEL WITH SUBALLOCATIONS PURSUANT TO BUDGET ACT SECTION 302(b) [In millions of dollars]

Revised 302(b) suballoca- Current level reflecting ac- Difference tions as of July 19, 2000 tion completed as of Sept. (H. Rpt. 106–761) 6, 2000 BA O BA O BA O

Agriculture, Rural Development ...... 14,548 14,972 42 3,882 (14,506) (11,090) Commerce, Justice, State ...... 34,904 35,778 283 12,279 (34,621) (23,499) National Defense ...... 288,297 279,618 287,590 277,807 (707) (1,811) District of Columbia ...... 414 414 0 36 (414) (378) Energy and Water Development ...... 21,743 21,950 0 7,908 (21,743) (14,042) Foreign Operations ...... 13,281 14,974 0 9,859 (13,281) (5,115) Interior ...... 14,723 15,224 36 5,399 (14,687) (9,825) Labor, HHS and Education ...... 99,547 95,075 18,954 64,188 (80,593) (30,887) Legislative Branch ...... 2,468 2,480 0 352 (2,468) (2,128) Military Construction ...... 4,932 2,119 4,932 2,119 (0) (0) Transportation 1 ...... 13,735 48,255 20 28,651 (13,715) (19,604) Treasury-Postal Service ...... 14,402 14,751 62 3,202 (14,340) (11,549) VA-HUD-Independent Agencies ...... 78,317 85,840 3,561 47,808 (74,756) (38,032) Unassigned ...... 42 985 0 768 (42) (217) Grand Total ...... 601,353 632,435 315,480 464,258 (285,873) (168,177) 1 Transportation does not include mass transit BA.

COMPARISON OF CURRENT LEVEL TO DISCRETIONARY SPENDING LEVELS SET FORTH IN SEC. 251(c) OF THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985 [Dollars in millions]

Defense 1 Nondefense 1 General purpose Highway category Mass transit category BA O BA O BA O BA O BA O

Statutory Caps 2 ...... NA NA NA NA 541,095 554,133 0 26,920 NA 4,639 Current Level ...... 296,407 289,819 19,073 150,928 315,480 440,747 0 18,968 0 4,543 Difference (Current Level—Caps) ...... NA NA NA NA ¥225,615 ¥113,386 NA ¥7,952 NA ¥96 1 Defense and nondefense categories are advisory rather than statutory. 2 Established by OMB Sequestration Update Report for Fiscal Year 2001.

U.S. CONGRESS, technical and economic assumptions of H. 106–248), the Griffith Project Prepayment and CONGRESSIONAL BUDGET OFFICE, Con. Res. 290, the Concurrent Resolution on Conveyance Act (Public Law 106–249), the Washington, DC, September 8, 2000. the Budget for Fiscal Year 2001. The budget Semipostal Authorization Act (Public Law Hon. JOHN R. KASICH, resolution figures incorporate revisions sub- 106–253), and the Department of Defense Ap- mitted to the House by the Committee on Chairman, Committee on the Budget, propriations Act, 2001 (Public Law 106–259). House of Representatives, Washington, DC. the Budget to reflect funding for emergency In addition, the Congress cleared for the DEAR MR. CHAIRMAN: The enclosed report requirements, disability reviews, and adop- shows the effects of Congressional action on tion assistance. Those revisions are required President’s signature the Long-Term Care the fiscal year 2001 budget and is current by section 314 of the Congressional Budget Security Act (H.R. 4040). Those actions through September 6, 2000. This report is Act, as amended. changed budget authority and outlays. submitted under section 308(b) and in aid of Since my last letter dated June 19, 2000, Sincerely, section 311 of the Congressional Budget Act, the Congress has cleared and the President BARRY B. ANDERSON as amended. has signed the Military Construction Appro- (For Dan L. Crippen, Director). The estimates of budget authority, out- priations Act, 2001 (Public Law 106–246), the Enclosure. lays, and revenues are consistent with the Valles Caldera Preservation Act (Public Law FISCAL YEAR 2001 HOUSE CURRENT LEVEL REPORT AS OF SEPT. 7, 2000 [In millions of dollars]

Budget Au- thority Outlays Revenues Surplus

Enacted in previous sessions: Revenues ...... 0 0 1,514,800 ...... Permanents and other spending legislation ...... 961,064 916,715 0 ...... Appropriation legislation 1 ...... 0 266,010 0 ...... Offsetting receipts ...... ¥297,807 ¥297,807 0 ......

Total, previously enacted ...... 663,257 884,918 1,514,800 n/a Enacted this session: The Electronic Benefit Transfer Interoperability and Portability Act of 1999 (P.L. 106–171) ...... 1 1 0 ...... Omnibus Parks Technical Corrections Act of 1999 (P.L. 106–176) ...... 8 6 0 ...... Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (P.L. 106–181) ...... 3,200 0 ¥2 ...... Civil Asset Forfeiture Reform Act of 2000 (P.L. 106–185) ...... ¥114 ¥75 ¥115 ...... Trade and Development Act of 2000 (P.L. 106–200) ...... ¥47 ¥47 ¥442 ...... Agricultural Risk Protection Act of 2000 (P.L. 106–224) ...... 3,060 2,165 0 ...... Military Construction Appropriations Act, 2001 (P.L. 106–246) ...... 4,932 ¥3,982 0 ...... Valles Caldera Preservation Act (P.L. 106–248) ...... ¥1 ¥1 0 ...... Griffith Project Prepayment and Conveyance Act (P.L. 106–249) ...... ¥103 ¥103 0 ...... Semipostal Authorization Act (P.L. 106–253) ...... ¥2 ¥2 0 ...... Department of Defense Appropriations Act, 2001 (P.L. 106–259) ...... 287,806 188,945 0 ......

Total, enacted this session ...... 298,740 186,907 ¥559 n/a Cleared pending signature: Long-Term Care Security Act (H.R. 4040) ...... 330n/a Entitlements and Mandatories: Budget resolution baseline estimates of appropriated entitlements and other mandatory programs not yet enacted ...... 283,386 262,562 0 n/a Less: Items Excluded for Comparability with Budget Resolution 1 ...... 0 ¥365 0 n/a Total Current Level 1 ...... 1,245,386 1,334,025 1,514,241 180,216 Total Budget Resolution 2 ...... 1,529,558 1,501,656 1,503,200 1,544 Current Level Over Budget Resolution ...... 0 0 11,041 178,672 Current Level Under Budget Resolution ...... ¥284,172 ¥167,631 0 0 Memorandum: Revenues, 2001–2005: House Current Level ...... 0 0 8,169,171 n/a House Budget Resolution ...... 0 0 8,022,400 n/a

Current Level Over Budget Resolution ...... 0 0 146,771 n/a 2001 Advances: FY 2002 House Current Level ...... 0 0 0 n/a FY 2001 House Budget Resolution ...... 0 0 23,500 n/a

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00123 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.160 pfrm02 PsN: H12PT1 H7498 CONGRESSIONAL RECORD — HOUSE September 12, 2000 FISCAL YEAR 2001 HOUSE CURRENT LEVEL REPORT AS OF SEPT. 7, 2000—Continued [In millions of dollars]

Budget Au- thority Outlays Revenues Surplus

Current Level Under Budget Resolution ...... 0 0 ¥23,500 n/a 1 For purposes of enforcing section 311 of the Congressional Budget Act in the House, the budget resolution does not include budget authority or outlays for Social Security administrative expenses. As a result, current level excludes these items. 2 Section 314 of the Congressional Budget Act, as amended, requires that the House Budget Committee revise the budget resolution to reflect funding provided in bills reported by the House for emergency requirements, disability re- views, the Earned Income Tax Credit, and adoption assistance. Of these revisions, $1,030 million in budget authority and $829 million in outlays are included in the budget resolution but are not yet included in the current level. Source: Congressional Budget office. Notes: P.L. = Public Law; n.a. = not applicable.

LEAVE OF ABSENCE February 18, 2000: age of Federal leases for sodium that may be H.R. 2130. An act to amend the Controlled held by an entity in any one state, and for By unanimous consent, leave of ab- Substances Act to direct the emergency other purposes. sence was granted to: scheduling of gamma hydroxybutyric acid, May 2, 2000: Ms. EDDIE BERNICE JOHNSON of Texas to provide for a national awareness cam- H.J. Res. 86. Joint resolution recognizing (at the request of Mr. GEPHARDT) for paign, and for other purposes. the 50th anniversary of the Korean War and today on account of official business. February 25, 2000: the service by members of the Armed Force H.R. 1451. An act to establish the Abraham Mr. BECERRA (at the request of Mr. during such war, and for other purposes. Lincoln Bicentennial Commission. H.R. 1615. An act to amend the Wild and GEPHARDT) for today on account of March 5, 2000: Scenic Rivers Act to extend the designation business in the district. H.R. 3557. An act to authorize the Presi- of a portion of the Lamprey River in New Mr. BONILLA (at the request of Mr. dent to award a gold medal on behalf of the Hampshire as a recreational river to include ARMEY) for today on account of travel Congress to John Cardinal O’Connor, Arch- an additional river segment. delays. bishop of New York, in recognition of his ac- H.R. 1753. An act to promote the research, f complishments as a priest, a chaplain, and a identification, assessment, exploration, and humanitarian. development of gas hydrate resources, and SPECIAL ORDERS GRANTED March 10, 2000: for other purposes. H.R. 149. A act to make technical correc- H.R. 3090. An act to amend the Alaska Na- By unanimous consent, permission to tions to the Omnibus Parks and Public tive Claims Settlement Act to restore cer- address the House, following the legis- Lands Management Act of 1996 and to other tain lands to the Elim Native Corporation, lative program and any special orders laws related to parks and public lands. and for other purposes. heretofore entered, was granted to: H.R. 764. An act to reduce the incidence of May 18, 2000: (The following Members (at the re- child abuse and neglect, and for other pur- H.R. 434. An act to authorize a new trade quest of Mr. GEJDENSON) to revise and poses. and investment policy for sub-Saharan Afri- March 14, 2000: ca, expand trade benefits to the countries in extend their remarks and include ex- H.R. 1883. An act to provide for the applica- the Caribbean Basin, renew the generalized traneous material:) tion of measures to foreign persons who system of preferences, and reauthorize the Mrs. MINK of Hawaii, for 5 minutes, transfer to Iran certain goods, services, or trade adjustment assistance programs. today. technology, and for other purposes. May 22, 2000: Mr. GREEN of Texas, for 5 minutes, April 5, 2000: H.R. 2412. An act to designate the Federal today. H.R. 1000. An act to amend title 49, United building and United States courthouse lo- States Code, to reauthorize programs of the Mrs. CHRISTENSEN, for 5 minutes, cated at 1300 South Harrison Street in Fort Federal Aviation Administration, and for Wayne, Indiana, as the ‘‘E. Ross Adair Fed- today. other purposes. eral Building and United States Court- (The following Members (at the re- April 7, 2000: house.’’ quest of Mr. METCALF) to revise and ex- H.R. 5. An act to amend title II of the So- May 25, 2000: tend their remarks and include extra- cial Security Act to eliminate the earnings H.R. 154. An act to allow the Secretary of neous material:) test for individuals who have attained retire- the Interior and the Secretary of Agriculture Mr. PAUL, for 5 minutes, today and ment age. to establish a fee system for commercial September 18. April 13, 2000: filming activities on Federal land, and for H.R. 1374. An act to designate the United other purposes. Mr. PITTS, for 5 minutes, today and States Post Office building located at 680 H.R. 371. An act to facilitate the natu- September 18. U.S. Highway 130 in Hamilton, New Jersey, ralization of aliens who served with special Mr. RAMSTAD, for 5 minutes, today. as the ‘‘John K. Rafferty Hamilton Post Of- guerrilla units or irregular forces in Laos. Mr. BARTLETT of Maryland, for 5 min- fice Building.’’ H.R. 834. An act to extend the authoriza- utes, September 18. April 14, 2000: tion for the Historic Preservation Fund and Mr. METCALF, for 5 minutes, today. H.R. 3189. An act to designate the United the Advisory Council on Historic Preserva- States post office located at 14071 Peyton tion, and for other purposes. Mr. KASICH, for 5 minutes, today. Drive in Chino Hills, California, as the ‘‘Jo- H.R. 1377. An act to designate the facility f seph Ileto Post Office.’’ of the United States Postal Service located SENATE BILL REFERRED April 25, 2000: at 9308 South Chicago Avenue, Chicago, Illi- H.R. 1658. An act to provide a more just nois, as the ‘‘John J. Buchanan Post Office A bill of the senate of the following and uniform procedure for Federal civil for- Building.’’ title was taken from the Speaker’s feitures, and for other purposes. H.R. 1832. An act to reform unfair and anti- table and, under the rule, referred as April 28, 2000: competitive practices in the professional follows: H.R. 1231. An act to direct the Secretary of boxing industry. Agriculture to convey certain National For- H.R. 3629. An act to amend the Higher Edu- S. 2386. an act to authorize the United est lands to Elko County, Nevada, for contin- cation Act of 1965 to improve the program States Postal Service to issue semipostals, ued use as a cemetery. for American Indian Tribal Colleges and Uni- and for other purposes; to the Committee on H.R. 2368. An act to assist in the resettle- versities under part A of title III. Government Reform, in addition to the Com- ment and relocation of the people of Bikini H.R. 3707. An act to authorize funds for the mittee on Rules for a period to be subse- Atoll by amending the terms of the trust construction of a facility in Taipei, Taiwan quently determined by the Speaker, in each fund established during the United States suitable for the mission of the American In- case for consideration of such provisions as Administration of the Trust Territory of the stitute in Taiwan. fall within the jurisdiction of the committee Pacific Islands. June 15, 2000: concerned. H.R. 2862. An act to direct the Secretary of H.R. 3293. An act to amend the law that au- f the Interior to release reversionary interests thorized the Vietnam Veterans Memorial to held by the United States in certain parcels authorize the placement within the site of HOUSE BILLS AND JOINT RESOLU- of land in Washington County, Utah, to fa- the memorial of a plaque to honor those TIONS APPROVED BY THE PRESI- cilitate an anticipated land exchange. Vietnam veterans who died after their serv- DENT H.R. 2863. An act to clarify the legal effect ice in the Vietnam war, but as a direct result The President notified the Clerk of on the United States of the acquisition of a of that service. parcel of land in the Red Cliffs Desert Re- H.R. 4489. An act to amend section 110 of the House that on the following dates serve in the State of Utah. the Illegal Immigration Reform and Immi- he had approved and signed bills and H.R. 3063. An act to amend the Mineral grant Responsibility Act of 1996, and for joint resolutions of the following titles: Leasing Act to increase the maximum acre- other purposes.

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00124 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.162 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7499 June 20, 2000: H.R. 3018. An act to designate certain fa- Reconstruction and Development or the H.R. 1953. An act to authorize leases for cilities of the United States Postal Service International Development Association to terms not exceed 99 years on land held in in South Carolina. combat the AIDS epidemic. trust for the Torres Martinex Desert H.R. 3699. An act to designate the facility f Cahuilla Indians and the Guidiville Band of of the United States Postal Service located Pomo Indians of the Guidiville Indian at 8409 Lee Highway in Merrifield, Virginia, SENATE BILLS AND JOINT RESO- Rancheria. as the ‘‘Joel T. Broyhill Postal Building.’’ LUTIONS APPROVED BY THE H.R. 2484. An act to provide that land H.R. 3701. An act to designate the facility PRESIDENT which is owned by the Lower Sioux Indian of the United States Postal Service located The President notified the Clerk of Community in the State of Minnesota but at 3118 Washington Boulevard in Arlington, which is not held in trust by the United Virginia, as the ‘‘Joseph L. Fisher Post Of- the House that on the following dates States for the Community may be leased or fice Building.’’ he had approved and signed bills and transferred by the Community without fur- H.R. 3903. An act to deem the vessel M/V joint resolutions of the Senate of the ther approval by the United States. MIST COVE to be less than 100 gross tons, as following titles: H.R. 2559. An act to amend the Federal measured under chapter 145 of title 46, February 11, 2000: Crop Insurance Act to strengthen the safety United States Code. S. 1733. An act to amend the Food Stamp net for agricultural producers by providing H.R. 4241. An act to designate the facility Act of 1977 to provide for a national standard greater access to more affordable risk man- of the United States Postal Service located of interoperability and portability applicable agement tools and improved protection from at 1818 Milton Avenue in Janesville, Wis- to electronic food stamp benefit trans- production and income loss, to improve the consin, as the ‘‘Les Aspin Post Office Build- actions. efficiency and integrity of the Federal crop ing.’’ February 25, 2000: insurance program. July 10, 2000: S. 632. An act to provide assistance for poi- H.R. 3639. An act to designate the Federal H.R. 3051. An act to direct the Secretary of son prevention and to stabilize the funding building located at 2201 C Street, Northwest, the Interior, the Bureau of Reclamation, to of regional poison control centers. in the District of Columbia, currently head- conduct a feasibility study on the Jicarilla March 14, 2000: quarters for the Department of State, as the Apache Reservation in the State of New S. 613. An act to encourage Indian eco- ‘‘Harry S Truman Federal Building.’’ Mexico, and for other purposes. nomic development, to provide for the dis- H.R. 3642. An act to authorize the Presi- July 13, 2000: closure of Indian tribal sovereign immunity dent to award posthumously a gold medal on H.R. 4425. An act making appropriations in contracts involving Indian tribes, and for behalf of the Congress to Charles M. Schulz for military construction, family housing, other purposes. in recognition of his lasting artistic con- and base realignment and closure for the De- March 17, 2000: tribution to the Nation and the world, and partment of Defense for the fiscal year end- S. 376. An act to amend the Communica- for other purposes. ing September 30, 2001, and for other pur- tions Satellite Act of 1962 to promote com- H.R. 4542. An act to designate the Wash- poses. petition and privatization in satellite com- ington Opera in Washington, D.C., as the Na- July 27, 2000: munications, and for other purposes. tional Opera. H.R. 3544. An act to authorize a gold medal April 25, 2000: S.J. Res. 43. Joint resolution expressing June 27, 2000: to be presented on behalf of the Congress to the sense of Congress that the President of H.R. 4387. An act to provide that the Pope John Paul II in recognition of his many the United States should encourage free and School Governance Charter Amendment Act and enduring contributions to peace and reli- fair elections and respect for democracy in of 2000 shall take effect upon the date such gious understanding, and for other purposes. Peru. Act is ratified by the voters of the District of H.R. 3591. An act to provide for the award May 2, 2000: Columbia. of a gold medal on behalf of the Congress to S. 1567. An act to designate the United June 28, 2000: former President Ronald Reagan and his wife States courthouse located at 223 Broad Ave- H.J. Res. 101. Joint resolution recognizing Nancy Reagan in recognition of their service nue in Albany, Georgia, as the ‘‘C.B. King the 225th birthday of the United States to the Nation. United States Courthouse.’’ Army. July 28, 2000: S. 1769. An act to exempt certain reports July 1, 2000: H.R. 4391. An act to amend title 4 of the from automatic elimination and sunset pur- H.R. 4762. An act to amend the Internal United States Code to establish sourcing re- suant to the Federal Reports Elimination Revenue Code of 1986 to require 527 organiza- quirements for State and local taxation of and Sunset Act of 1995, and for other pur- tions to disclose their political activities. mobile telecommunication services. poses. July 6, 2000: H.R. 4437. An act to grant to the United May 5, 2000: H.R. 642. An act to redesignate the Federal States Postal Service the authority to issue S.J. Res. 40. Providing for the appointment building located at 701 South Santa Fe Ave- semipostals, and for other purposes. of Alan G. Spoon as a citizen regent of the nue in Compton, California, and known as August 2, 2000: Board of Regents of the Smithsonian Institu- the Compton Main Post Office, as the H.R. 1791. An act to amend title 18, United tion. ‘‘Mervyn Malcolm Dymally Post Office States Code, to provide penalties for harm- S.J. Res. 42. Providing for the reappoint- Building.’’ ing animals used in Federal Law enforce- ment of Manuel L. Ibanez as a citizen regent H.R. 643. An act to redesignate the Federal ment. of the Board of Regents of the Smithsonian building located at 10301 South Compton Av- H.R. 4249. An act to foster cross-border co- Institution. enue, in Los Angeles, California, and know operation and environmental cleanup in May 15, 2000: as the Watts Finance Office, as the ‘‘Augus- Northern Europe. S. 452. An act for the relief of Belinda tus F. Hawkins Post Office Building.’’ August 9, 2000: McGregor. H.R. 1666. An act to designate the facility H.R. 4576. An act making appropriations May 18, 2000: of the United States Postal Service at 200 for the Department of Defense for the fiscal S. 1744. An Act to amend the Endangered East Pinckney Street in Madison, Florida, as year ending September 30, 2001, and for other Species Act of 1973 to provide that certain the ‘‘Captain Colin P. Kelly, Jr. Post Office.’’ purposes. species conservation reports shall continue H.R. 2307. An act to designate the building August 18, 2000: to be required to be submitted. of the United States Postal Services located H.R. 1167. An act to amend the Indian Self- S. 2323. An act to amend the Fair Labor Standards Act of 1938 to clarify the treat- at 5 Cedar Street in Hopkinton, Massachu- Determination and Education Assistance Act ment of stock options under the Act. setts, as the ‘‘Thomas J. Brown Post Office to provide for further self-governance by In- May 23, 2000: Building.’’ dian tribes, and for other purposes. S. 2370. An act to designate the Federal H.R. 2357. An act to designate the United H.R. 1749. An act to designate Wilson Creek building located at 500 Pearl Street in New States Post Office located at 3675 in Avery and Caldwell Counties, North Caro- York City, New York, as the ‘‘Daniel Patrick Warrensville Center Road in Shaker Heights, lina, as a component of the National Wild Moynihan United States Courthouse.’’ Ohio, as the ‘‘Louise Stokes Post Office.’’ and Scenic Rivers System. May 25, 2000: H.R. 2460. An act to designate the United H.R. 1982. An act to name the Department S. 1836. An act to extend the deadline for States Post Office located at 125 Border Ave- of Veterans Affairs outpatient clinic in commencement of construction of a hydro- nue West in Wiggins, Mississippi, as the ‘‘Jay Rome, New York, as the ‘‘Donald J. Mitchell electric project in the State of Alabama. Hanna ‘Dizzy’ Dean Post Office.’’ Department of Veterans Affairs Outpatient May 26, 2000: H.R. 2591. An act to designate the United Clinic.’’ S.J. Res. 44. Joint resolution supporting States Post Office located at 713 Elm Street H.R. 3291. An act to provide for the settle- the Day of Honor 2000 to honor and recognize in Wakefield, Kansas, as the ‘‘William H. ment of the water rights claims of the the service of minority veterans in the Avery Post Office.’’ Shivwits Band of the Paiute Indian Tribal of United States Armed Forces during World H.R. 2952. An act to redesignate the facil- Utah, and for other purposes. War II. ity of the United States Postal Service lo- August 19, 2000: June 20, 2000: cated at 100 Orchard Park Drive in Green- H.R. 3519. An act to provide for negotia- S. 291. An act to convey certain real prop- ville, South Carolina, as the ‘‘Keith D. tions for the creation of a trust fund to be erty within the Carlsbad Project in New Oglesby Station.’’ administered by the International Bank for Mexico to the Carlsbad Irrigation District.

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00125 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.136 pfrm02 PsN: H12PT1 H7500 CONGRESSIONAL RECORD — HOUSE September 12, 2000 S. 356. An act to authorize the Secretary of 9961. A letter from the Under Secretary, Safety and Safeguards, Nuclear Regulatory the Interior to convey certain works, facili- Food Nutrition, and Consumer Services, De- Commission, transmitting the Commission’s ties, and titles of the Gila Project, and des- partment of Agriculture, transmitting the final rule—Clarification and Addition of ignated lands within or adjacent to the Gila Department’s final rule —Special Supple- Flexibility (RIN: 3150–AG15) received August Project, to the Wellton-Mohawk Irrigation mental Nutrition Program for Women, In- 31, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to and Drainage District, and for other pur- fants and Children (WIC): Requirements for the Committee on Commerce. poses. and Evaluation of WIC Program Bid Solicita- 9971. A letter from the Acting Director, De- S. 777. An act to require the Secretary of tions for Infant Formula Rebate Contracts fense Security Cooperation Agency, trans- Agriculture to establish an electronic filing (RIN: 0584–AB52) received September 1, 2000, mitting the listing of all outstanding Letters and retrieval system to enable farmers and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Offer to sell any major defense equipment other persons to file paperwork electroni- mittee on Education and the Workforce. for $1 million or more; the listing of all Let- cally with selected agencies of the Depart- 9962. A letter from the Assistant to the ters of Offer that were accepted, as of June ment of Agriculture and to access public in- Board, Board of Governors of the Federal Re- 30, 2000, pursuant to 22 U.S.C. 2776(a); to the formation regarding the programs adminis- serve System, transmitting the Board’s final Committee on International Relations. tered by these agencies. rule—Credit by Brokers and Dealers; List of 9972. A letter from the Chairman, Council S. 2722. An act to authorize the award of Foreign Market Stocks [Regulation T] re- of the District of Columbia, transmitting a the Medal of Honor to Ed W. Freeman, ceived August 31, 2000, pursuant to 5 U.S.C. copy of D.C. Act 13–435, ‘‘Approval of the Ap- James K. Okubo, and Andrew J. Smith. 801(a)(1)(A); to the Committee on Commerce. plication for Transfer of Control District Ca- June 29, 2000: 9963. A letter from the Director, Regula- blevision Limited Partnership from Tele- S. 1967. An act to make technical correc- tions Policy and Management Staff, FDA, Communications, Inc., to AT&T Corp. Act of tions to the status of certain land held in Department of Health and Human Services, 2000’’ received September 12, 2000, pursuant trust for the Mississippi Band of Choctaw In- transmitting the Department’s final rule— to D.C. Code section 1—233(c)(1); to the Com- dians, to take certain land into trust for that Substances Approved for Use in the Prepara- mittee on Government Reform. Band, and for other purposes. tion of Meat and Poultry Products [Docket 9973. A letter from the Chairman, Council June 30, 2000: No. 95N–0220] (RIN: 0910–AA58) received Sep- of the District of Columbia, transmitting a S. 761. An act to facilitate the use of elec- tember 1, 2000, pursuant to 5 U.S.C. copy of D.C. Act 13–434, ‘‘Uniform Commer- tronic records and signatures in interstate or 801(a)(1)(A); to the Committee on Commerce. cial Code Secured Transactions Revision Act foreign commerce. 9964. A letter from the Chief, Policy and of 2000’’ received September 12, 2000, pursu- July 10, 2000: Rules Division, Office of Engineering and ant to D.C. Code section 1—233(c)(1); to the S. 1309. An act to amend title I of the Em- Technology, Federal Communications Com- Committee on Government Reform. ployee Retirement Income Security Act of mission, transmitting the Commission’s 9974. A letter from the Chairman, Council 1974 to provide for the preemption of State final rule—Establishment of an Improved of the District of Columbia, transmitting a law in certain cases relating to certain Model for Predicting the Broadcast Tele- copy of D.C. Act 13–398, ‘‘Sacred Heart Way, church plans. vision Field Strength received at Individual N.W., Designation Act of 2000’’ received Sep- S. 1515. An act to amend the Radiation Ex- Locations [ET Docket No. 00–11] received Au- tember 12, 2000, pursuant to D.C. Code sec- posure Compensation Act, and for other pur- gust 31, 2000, pursuant to 5 U.S.C. tion 1—233(c)(1); to the Committee on Gov- poses. 801(a)(1)(A); to the Committee on Commerce. ernment Reform. July 20, 2000: 9965. A letter from the Chief, Policy and 9975. A letter from the Chairman, Council S. 148. An act to require the Secretary of Rules Division, Office of Engineering and of the District of Columbia, transmitting a the Interior to establish a program to pro- Technology, Federal Communications Com- copy of D.C. Act 13–436, ‘‘Securities Act of vide assistance in the conservation of mission, transmitting the Commission’s 2000’’ received September 12, 2000, pursuant neotropical migratory birds. final rule—Amendments of Part 2 and 95 of to D.C. Code section 1—233(c)(1); to the Com- July 25, 2000: the Commission’s Rules to Create a Wireless mittee on Government Reform. S. 1892. An act to authorize the acquisition Medical Telemetry Service [ET Docket No. 9976. A letter from the Executive Director, of the Valles Caldera, to provide for an effec- 99–255; PR Docket No. 92–235] received Au- Committee For Purchase From People Who tive land and wildlife management program gust 31, 2000, pursuant to 5 U.S.C. Are Blind Or Severely Disabled, transmitting for the resource within the Department of 801(a)(1)(A); to the Committee on Commerce. the Committee’s final rule—Procurement Agriculture, and for other purposes. 9966. A letter from the Special Assistant to List: Additions—received September 1, 2000, July 26, 2000: the Bureau Chief, Mass Media Bureau, Fed- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- S. 986. An act to direct the Secretary of the eral Communications Commission, transmit- mittee on Government Reform. Interior to convey the Griffith Project to the ting the Commission’s final rule—Amend- 9977. A letter from the Director, Fish and Southern Nevada Water Authority. ment of Section 73.202(b), Table of Allot- Wildlife Service, Department of the Interior, August 7, 2000: ments, FM Broadcast Stations (Las Vegas transmitting the Department’s final rule— S. 2327. An act to establish a Commission and Pecos, New Mexico) [MM Docket No. 00– Endangered and Threatened Wildlife and on Ocean Policy, and for other purposes. 5; RM–9752] received August 31, 2000, pursu- Plants; Determination of Threatened Status August 8, 2000: ant to 5 U.S.C. 801(a)(1)(A); to the Committee for one Steelhead Evolutionary Unit (ESU) S. 1629. An act to provide for the exchange on Commerce. in California (RIN: 1018–AN58) received Sep- of certain land in the State of Oregon. 9967. A letter from the Special Assistant to tember 1, 2000, pursuant to 5 U.S.C. S. 1910. An act to amend the Act estab- the Chief, Mass Media Bureau, Federal Com- 801(a)(1)(A); to the Committee on Resources. lishing Women’s Rights National Historical munications Commission, transmitting the 9978. A letter from the Acting Chief, Office Park to permit the Secretary of the Interior Commission’s final rule—Amendment of Sec- of Regulations and Administrative Law, to acquire title in fee simple to the Hunt tion 73.202(b), FM Table of Allotments, FM USCG, Department of Transportation, trans- House located in Waterloo, New York. Broadcast Stations (Wamsutter and Bairoil, mitting the Department’s final rule—Fire Wyoming) [MM Docket No. 98–86; RM–9284; Protection Measures for Towing Vessels f RM–9671] received August 31, 2000, pursuant [USCG 1998–4445] (RIN: 2115–AF66) received ADJOURNMENT to 5 U.S.C. 801(a)(1)(A); to the Committee on August 31, 2000, pursuant to 5 U.S.C. Commerce. 801(a)(1)(A); to the Committee on Transpor- Mr. METCALF. Mr. Speaker, pursu- 9968. A letter from the Special Assistant to tation and Infrastructure. ant to House Resolution 573, I move the Bureau Chief, Mass Media Bureau, Fed- 9979. A letter from the Acting Chief, Office that the House do now adjourn in the eral Communications Commission, transmit- of Regulations and Administrative Law, memory of the late Honorable Herbert ting the Commission’s final rule—Amend- USCG, Department of Transportation, trans- H. Bateman. ment of Section 73.202(b), Table of Allot- mitting the Department’s final rule—Safety The motion was agreed to; accord- ments, FM Broadcast Stations (Alva, Okla- Zone; Lake Erie, Maumee River, Ohio ingly (at 11 o’clock and 37 minutes homa) [MM Docket No. 00–7; RM–9799] re- [CGD09–00–080] (RIN: 2115–AA97) received Au- ceived August 31, 2000, pursuant to 5 U.S.C. gust 31, 2000, pursuant to 5 U.S.C. p.m.) pursuant to House Resolution 573, 801(a)(1)(A); to the Committee on Commerce. 801(a)(1)(A); to the Committee on Transpor- the House adjourned until tomorrow, 9969. A letter from the Assoc. Bureau Chief/ tation and Infrastructure. Wednesday, September 13, 2000, at 10 Wireless Telecommunications, Federal Com- 9980. A letter from the Acting Chief, Office a.m. in memory of the late Honorable munications Commission, transmitting the of Regulations and Administrative Law, Herbert H. Bateman of Virginia. Commission’s final rule—Amendment to the USCG, Department of Transportation, trans- f Commission’s Rules to Permit Flexible Serv- mitting the Department’s final rule—Safety ice Offerings in the Commercial Mobile Zone; Lake Erie, Maumee River, Ohio EXECUTIVE COMMUNICATIONS, Radio Services [WT Docket No. 96–6] re- [CGD09–00–079] (RIN: 2115–AA97) received Au- ETC. ceived September 1, 2000, pursuant to 5 gust 31, 2000, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- Under clause 8 of rule XII, executive Commerce. tation and Infrastructure. communications were taken from the 9970. A letter from the Director, Office of 9981. A letter from the Acting Chief, Office Speaker’s table and referred as follows: Congressional Affairs, Nuclear Material of Regulations and Administrative Law,

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00126 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.140 pfrm02 PsN: H12PT1 September 12, 2000 CONGRESSIONAL RECORD — HOUSE H7501 USCG, Department of Transportation, trans- Mr. YOUNG of Alaska: Committee on Re- PUBLIC BILLS AND RESOLUTIONS mitting the Department’s final rule—Safety sources. H.R. 4790. A bill to recognize hunt- Under clause 2 of rule XII, public Zone; Fireworks Display, Rockway Beach, ing heritage and provide opportunities for NY [CGD01–00–206] (RIN: 2115–AA97) received continued hunting on public lands; with an bills and resolutions were introduced August 31, 2000, pursuant to 5 U.S.C. amendment (Rept. 106–838). Referred to the and severally referred, as follows: 801(a)(1)(A); to the Committee on Transpor- Committee of the Whole House on the State By Mr. CHABOT (for himself, Mr. DOO- tation and Infrastructure. of the Union. LITTLE, Mr. DELAY, and Mr. ROGAN): 9982. A letter from the Acting Chief, Office Mr. YOUNG of Alaska: Committee on Re- H.R. 5146. A bill to amend the Internal Rev- of Regulations and Administrative Law, sources. House Concurrent Resolution 345. enue Code of 1986 to prohibit the use of USCG, Department of Transportation, trans- Resolution expressing the sense of the Con- amounts in the Presidential Election Cam- mitting the Department’s final rule—Safety gress regarding the need for cataloging and paign Fund for presidential nominating con- Zone Regulation for San Juan Harbor, Puer- maintaining public memorials commemo- ventions of political parties; to the Com- to Rico [COTP San Juan 00–065] (RIN: 2115– rating military conflicts of the United mittee on House Administration. AA97) received August 31, 2000, pursuant to 5 States and the service of individuals in the By Mr. HALL of Ohio (for himself, Mr. U.S.C. 801(a)(1)(A); to the Committee on Armed Forces (Rept. 106–839). Referred to the WOLF, and Ms. MCKINNEY): Transportation and Infrastructure. House Calendar. H.R. 5147. A bill to prohibit the importa- 9983. A letter from the Acting Chief, Office Mr. SHUSTER: Committee on Transpor- tion of diamonds mined in certain countries, of Regulations and Administrative Law, tation and Infrastructure. H.R. 4104. A bill to and for other purposes; to the Committee on USCG, Department of Transportation, trans- amend the Federal Water Pollution Control Ways and Means. mitting the Department’s final rule—Special Act to authorize funding to carry out certain By Mr. ANDREWS (for himself and Local Regulations for Marine Events; water quality and barrier island restoration Mrs. MCCARTHY of New York): Sharpstown Outboard Regatta, Nanticoke projects for the Mississippi Sound, and for H.R. 5148. A bill to provide for the estab- River, Sharpstown, Maryland [CGD05–00–03] other purposes; with amendments (Rept. 106– lishment of a national database of ballistics (RIN: 2115–AE46) received August 31, 2000, 840). Referred to the Committee of the Whole information about firearms for use in fight- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- House on the State of the Union. ing crime, and to require firearms manufac- mittee on Transportation and Infrastruc- Mr. YOUNG of Alaska: Committee on Re- turers to provide ballistics information ture. sources. H.R. 3661. A bill to help ensure gen- about new firearms to the national database; 9984. A letter from the Acting Chief, Office eral aviation aircraft access to Federal land to the Committee on the Judiciary. of Regulations and Administrative Law, and to the airspace over that land; with By Mr. BARTLETT of Maryland: H.R. 5149. A bill to amend the Internal Rev- USCG, Department of Transportation, trans- amendment (Rept. 106–841 Pt. 1). Ordered to enue Code of 1986 to prohibit the use of pub- mitting the Department’s final rule—Draw- be printed. lic funds for political party conventions; to bridge Operation Regulation; Upper Mis- Mr. SHUSTER: Committee on Transpor- the Committee on House Administration. sissippi River [CGD 08–00–014] (RIN: 2115– tation and Infrastructure. H.R. 3378. A bill to By Mr. BLUMENAUER (for himself, AE47) received August 31, 2000, pursuant to 5 authorize certain actions to address the com- Mr. DEFAZIO, Ms. HOOLEY of Oregon, U.S.C. 801(a)(1)(A); to the Committee on prehensive treatment of sewage emanating Transportation and Infrastructure. and Mr. WU): from the Tijuana River in order to substan- H.R. 5150. A bill to direct the Secretary of 9985. A letter from the Acting Chief, Office tially reduce river and ocean pollution in the the Army to conduct studies and ecosystem of Regulations and Administrative Law, San Diego border region; with an amendment restoration projects within the Lower Co- USCG, Department of Transportation, trans- (Rept. 106–842 Pt. 1). Ordered to be printed. lumbia River and Tillamook Bay Estuaries, mitting the Department’s final rule—Draw- Mr. SENSENBRENNER: Committee of Oregon and Washington; to the Committee bridge Operating Regulation; Tickfaw River, Conference. Conference report on H.R. 1654. on Transportation and Infrastructure, and in LA [CGD08–00–019] (RIN: 2115–AE47) received A bill to authorize appropriations for the Na- addition to the Committee on Resources, for August 31, 2000, pursuant to 5 U.S.C. tional Aeronautics and Space Administra- a period to be subsequently determined by 801(a)(1)(A); to the Committee on Transpor- tion for fiscal years 2000, 2001, and 2002, and the Speaker, in each case for consideration tation and Infrastructure. for other purposes (Rept. 106–843). Ordered to of such provisions as fall within the jurisdic- 9986. A letter from the Acting Chief, Office be printed. tion of the committee concerned. of Regulations and Administrative Law, Mr. REYNOLDS: Committee on Rules. By Mr. BILIRAKIS (for himself, Mr. USCG, Department of Transportation, trans- House Resolution 574. Resolution waiving PETERSON of Minnesota, and Mr. PE- mitting the Department’s final rule—Draw- points of order against the conference report TERSON of Minnesota): bridge Operating Regulation; Red River, LA to accompany the bill (H.R. 1654) to author- H.R. 5151. A bill to amend the Social Secu- [CGD08–00–020] (RIN: 2115–AE47) received Au- ize appropriations for the National Aero- rity Act to establish an outpatient gust 31, 2000, pursuant to 5 U.S.C. nautics and Space Administration for fiscal presciption drug assistance program for low- 801(a)(1)(A); to the Committee on Transpor- years 2000, 2001, and 2002, and for other pur- income Medicare beneficiaries and Medicare tation and Infrastructure. poses (Rept. 106–844). Referred to the House beneficiaries with high drug costs; to the 9987. A letter from the Regulations Officer, Calendar. Committee on Commerce, and in addition to Social Security Administration, transmit- DISCHARGE OF COMMITTEE the Committee on Ways and Means, for a pe- ting the Administration’s ‘‘Major’’ rule— riod to be subsequently determined by the Supplemental Security Income; Determining Pursuant to clause 5 of rule X the Committee on International Relations Speaker, in each case for consideration of Disability for a Child Under Age 18 [Regula- such provisions as fall within the jurisdic- tions No. 4 and 16] (RIN: 0960–AF40) received discharged. H.R. 3378 referred to the tion of the committee concerned. September 5, 2000, pursuant to 5 U.S.C. Committee of the Whole House on the By Mr. CAMP (for himself, Mrs. THUR- 801(a)(1)(A); to the Committee on Ways and State of the Union and ordered to be MAN, Mr. SAM JOHNSON of Texas, Mr. Means. printed. LEWIS of Kentucky, Mr. UPTON, Ms. f Pursuant to clause 5 of rule X the RIVERS, Mr. PAUL, Mr. GREENWOOD, Mr. HAYWORTH, Mr. MCNULTY, Mr. REPORTS OF COMMITTEES ON Committee on Agriculture and Trans- KLECZKA, Mr. LAFALCE, Mr. CANADY PUBLIC BILLS AND RESOLUTIONS portation and Infrastructure dis- charged. H.R. 3661 referred to the Com- of Florida, Mr. BRYANt, Mr. DOYLE, Under clause 2 of rule XIII, reports of Mr. SKELTON, and Mr. RANGEL): mittee of the Whole House on the State H.R. 5152. A bill to amend title XVIII of the committees were delivered to the Clerk of the Union and ordered to be printed. for printing and reference to the proper Social Security Act to update the renal di- alysis composite rate; to the Committee on calendar, as follows: f Commerce, and in addition to the Committee Mr. YOUNG of Alaska: Committee on Re- on Ways and Means, for a period to be subse- sources. H.R. 3595. A bill to increase the au- quently determined by the Speaker, in each thorization of appropriations for the Rec- TIME LIMITATION OF REFERRED case for consideration of such provisions as lamation Safety of Dams Act of 1978, and for BILL fall within the jurisdiction of the committee other purposes; with an amendment (Rept. Pursuant to clause 5 of rule X the fol- concerned. 106–836). Referred to the Committee of the lowing action was taken by the Speak- By Mr. HOUGHTON (for himself, Mr. Whole House on the State of the Union. MINGE, Mr. STUPAK, and Mrs. KELLY): Mr. YOUNG of Alaska: Committee on Re- er: H.R. 5153. A bill to amend title XVIII of the sources. H.R. 4148. A bill to make technical H.R. 3378. Referral to the Committee on Social Security Act to ensure adequate pay- amendments to the provisions of the Indian International Relations extended for a period ment rates for ambulance services, to apply Self-Determination and Education Assist- ending not later than September 12, 2000. a prudent layperson standard to the deter- ance Act relating to contract support costs, H.R. 3661. Referral to the Committees on mination of medical necessity for emergency and for other purposes; with an amendment Agriculture and Transportation and Infra- ambulance services, and to recognize the ad- (Rept. 106–837). Referred to the Committee of structure extended for a period ending not ditional costs of providing ambulance serv- the Whole House on the State of the Union. later than September 12, 2000. ices in rural areas; to the Committee on

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00127 Fmt 4634 Sfmt 0634 E:\CR\FM\L12SE7.000 pfrm02 PsN: H12PT1 H7502 CONGRESSIONAL RECORD — HOUSE September 12, 2000 Commerce, and in addition to the Committee er, in each case for consideration of such pro- H. Res. 576. A resolution supporting efforts on Ways and Means, for a period to be subse- visions as fall within the jurisdiction of the to increase childhood cancer awareness, quently determined by the Speaker, in each committee concerned. treatment, and research; to the Committee case for consideration of such provisions as By Mr. STARK (for himself and Mr. on Commerce. fall within the jurisdiction of the committee COYNE): f concerned. H.J. Res. 107. A joint resolution expressing By Mr. HUTCHINSON (for himself, Mr. the sense of Congress regarding the need for ADDITIONAL SPONSORS GREEN of Texas, Mr. ROGAN, and Mr. a White House Conference to discuss and de- BILBRAY): velop national recommendations concerning Under clause 7 of rule XII, sponsors H.R. 5154. A bill to amend title 18, United quality of care in assisted living facilities in were added to public bills and resolu- States Code, to impose criminal and civil the United States; to the Committee on tions as follows: penalties for false statements and failure to Commerce. H.R. 49: Mr. HALL of Texas and Mr. FRANKS file reports concerning defects in foreign By Mr. YOUNG of Alaska: of New Jersey. H. Con. Res. 394. Concurrent resolution di- motor vehicle products, and to require the H.R. 218: Mrs. WILSON and Mr. SHIMKUS. recting the Secretary of the Senate to make timely provision of notice of such defects, H.R. 220: Mr. NEY. technical corrections in the enrollment of S. and for other purposes; to the Committee on H.R. 284: Mr. SMITH of New Jersey, Mr. 1374; considered and agreed to Commerce, and in addition to the Committee BONIOR, Mr. CRANE, Mrs. MORELLA, Mr. By Mr. SMITH of New Jersey (for him- on the Judiciary, for a period to be subse- GILLMOR, Mr. MCINTOSH, Mr. EWING, Mr. self, Mr. KENNEDY of Rhode Island, quently determined by the Speaker, in each WEYGAND, Mr. RAHALL, Mr. POMBO, Mr. Mr. PORTER, Mr. MCGOVERN, Mr. case for consideration of such provisions as MCNULTY, Mr. GREEN of Texas, and Mr. WOLF, Mr. HALL of Ohio, Mr. PITTS, fall within the jurisdiction of the committee SCOTT. Mr. KUCINICH, Ms. MCKINNEY, Mrs. concerned. H.R. 360: Mr. MCINTYRE. LOWEY, Ms. PELOSI, Mr. CROWLEY, By Mr. KOLBE (for himself and Mr. H.R. 534: Mr. DIAZ-BALART, Mr. HILLEARY, and Mr. EVANS): DREIER): Mr. MCINTYRE, Mr. CALVERT, Mr. WICKER, H.R. 5155. A bill to provide that a certifi- H. Con. Res. 395. Concurrent resolution ex- Mrs. MALONEY of New York, and Mr. cation of the cooperation of Mexico with pressing the sense of the Congress con- COOKSEY. United States counterdrug efforts not be re- demning the September 6, 2000, militia at- H.R. 742: Mr. DIAZ-BALART. quired in fiscal year 2001 for the limitation tack on United Nations refugee workers in H.R. 842: Mr. FARR of California, Mr. on assistance for Mexico under section 490 of West Timor and calling for an end to militia GILLMOR, and Mr. SHERWOOD. the Foreign Assistance Act of 1961 not to go violence in East and West Timor; to the H.R. 937: Mr. RILEY. into effect in that fiscal year; to the Com- Committee on International Relations. H.R. 979: Mr. BACA. mittee on International Relations. By Mr. BLILEY: H.R. 1046: Mr. KLINK. By Mrs. MCCARTHY of New York: H. Con. Res. 396. Concurrent resolution H.R. 1107: Mrs. THURMAN. H.R. 5156. A bill to amend title XVIII of the celebrating the birth of James Madison and H.R. 1216: Mrs. EMERSON, Ms. MCCARTHY of Social Security Act to establish standards his contributions to the Nation; to the Com- Missouri, and Mrs. KELLY. for payment under the Medicare Program for mittee on Government Reform. H.R. 1217: Mr. HYDE, Mr. BENTSEN, Mr. certain orthotic, prosthetic, and pedorthic By Mr. SMITH of New Jersey (for him- KUYKENDALL, Mr. PORTMAN, and Mr. CHABOT. devices; to the Committee on Commerce, and self, Mr. BEREUTER, Mr. HOYER, and H.R. 1248: Mr. EHLERS and Mr. GREENWOOD. in addition to the Committee on Ways and Mr. FORBES): H.R. 1317: Mr. MICA. Means, for a period to be subsequently deter- H. Con. Res. 397. Concurrent resolution H.R. 1485: Mr. FATTAH and Mr. UDALL of mined by the Speaker, in each case for con- voicing concern about serious violations of Colorado. sideration of such provisions as fall within human rights and fundamental freedoms in H.R. 1512: Ms. MCKINNEY. the jurisdiction of the committee concerned. most states of Central Asia, including sub- H.R. 1603: Mr. BALDACCI. By Ms. MILLENDER-MCDONALD (for stantial noncompliance with their Organiza- H.R. 1622: Mr. OBERSTAR and Mr. CARDIN. herself and Mr. WATTS of Oklahoma): tion for Security and Cooperation in Europe H.R. 5157. A bill to amend title 44, United (OSCE) commitments on democratization H.R. 1671: Mr. GREEN of Wisconsin, Mr. States Code, to ensure preservation of the and the holding of free and fair elections; to GOODE, Mrs. KELLY, Mr. MASCARA, Mr. records of the Freedmen’s Bureau; to the the Committee on International Relations. BALDACCI and, Mr. LANTOS. Committee on Government Reform. By Mr. GILMAN (for himself, Mr. H.R. 1689: Mr. MICA. H.R. 1885: Mr. WAXMAN. By Ms. MILLENDER-MCDONALD: GEJDENSON, Mr. HOLT, Mrs. MALONEY H.R. 5158. A bill to secure the Federal vot- of New York, Mr. BLAGOJEVICH, Mrs. H.R. 1954: Mr. WICKER. ing rights of a person upon the unconditional TAUSCHER, Mr. ACKERMAN, Mr. H.R. 2341: Mr. GEORGE MILLER of Cali- release of that person from prison and the WEXLER, Mr. PALLONE, Mr. WEINER, fornia, Ms. WATERS, Ms. MCCARTHY of Mis- completion of sentence, including parole; to Mr. MALONEY of Connecticut, Mr. souri, and Mr. RILEY. the Committee on the Judiciary. FOLEY, Mr. TIERNEY, Mr. GEPHARDT, H.R. 2544: Mr. COOK. By Mrs. MINK of Hawaii: Mr. SHAYS, Mr. MINGE, Mr. BECERRA, H.R. 2592: Mr. GILLMOR. H.R. 5159. A bill to amend the Internal Rev- Ms. SCHAKOWSKY, Mr. BROWN of Ohio, H.R. 2594: Mr. BERMAN. enue Code of 1986 to provide tax relief for the Mr. DOYLE, Mr. DEUTSCH, Mr. MCIN- H.R. 2620: Mr. BONIOR, Ms. STABENOW, Mr. conversion of cooperative housing corpora- TYRE, Mr. SAXTON, Mr. HASTINGS of LAFALCE, Mrs. THURMAN, Mr. ENGLISH, and tions into condominiums; to the Committee Florida, Mr. MCDERMOTT, and Mr. Mr. SANDLIN. on Ways and Means. KNOLLENBERG): H.R. 2710: Mr. ENGEL, Mr. CROWLEY, Mr. By Mr. POMEROY: H. Res. 572. A resolution expressing the SISISKY, Mr. LATHAM, Mr. MCINNIS, Mrs. H.R. 5160. A bill to provide compensation sense of the House of Representatives that it KELLY, Mr. MCINTYRE, Mr. LATOURETTE, and to wheat producers and elevator operators is in the interest of both the United States Mr. BLILEY. who sold wheat between May 2, 1993, and and the Republic of India to expand and H.R. 2720: Mr. FLETCHER, Mr. WICKER, and January 24, 1994, when the Federal Grain In- strengthen United States-India relations, in- Mr. LEWIS of Kentucky. spection Service maintained erroneous tensify bilateral cooperation in the fight H.R. 2722: Mr. UDALL of Colorado. standards for official inspections of wheat against terrorism, and broaden the ongoing H.R. 2733: Mrs. WILSON. protein content; to the Committee on the dialogue between the United States and H.R. 2788: Mr. SOUDER and Mr. HAYES. Judiciary. India, of which the upcoming visit to the H.R. 2789: Ms. DANNER. By Mr. TRAFICANT: United States of the Prime Minister of India, H.R. 2870: Ms. MCCARTHY of Missouri. H.R. 5161. A bill to provide the appoint- Atal Bihari Vajpayee, is a significant step; H.R. 2883: Mr. DEAL of Georgia. ment of an independent counsel to inves- to the Committee on International Rela- H.R. 2892: Mr. MOORE. tigate whether officials from the People’s tions. H.R. 2915: Mr. RODRIGUEZ. Republic of China tried to illegally influence By Mr. BLILEY: H.R. 2953: Mr. SESSIONS. the 1996 Presidential Election.; to the Com- H. Res. 573. A resolution expressing the H.R. 2969: Mr. BONIOR. mittee on the Judiciary. condolences of the House of Representatives H.R. 3003: Mr. HILLIARD, Mr. HALL of Ohio, By Mrs. MCCARTHY of New York (for on the death of the Honorable Herbert H. and Mr. BILBRAY. herself and Mrs. MORELLA): Bateman, a Representative from the Com- H.R. 3082: Mr. ROYCE. H.R. 5162. A bill to amend title XI of the monwealth of Virginia; considered and H.R. 3091: Mr. MARTINEZ, Mr. ROEMER, Mr. Social Security Act to create an independent agreed to GILCHREST, Mr. BEREUTER, and Mr. REYES. and nonpartisan commission to assess the By Mr. GOODE (for himself and Mr. H.R. 3192: Mr. BAIRD, Mr. ROTHMAN, Mr. health care needs of the uninsured and to GOODLATTE): ROEMER, Mr. DOOLEY of California, Mr. monitor the financial stability of the Na- H. Res. 575. A resolution supporting Inter- HOLDEN, and Mr. BACA. tion’s health care safety net; to the Com- net safety awareness; to the Committee on H.R. 3193: Mrs. LOWEY. mittee on Ways and Means, and in addition Commerce. H.R. 3214: Mr. CRAMER, Mr. TIERNEY, and to the Committee on Commerce, for a period By Ms. PRYCE of Ohio (for herself and Mr. GREEN of Texas. to be subsequently determined by the Speak- Mr. HALL of Ohio): H.R. 3235: Mr. STRICKLAND.

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H.R. 3308: Mr. MOORE. H.R. 4502: Mr. PETERSON of Pennsylvania H.R. 5070: Mr. HOLDEN and Mr. H.R. 3463: Mr. FORBES and Ms. CARSON. and Mr. GARY MILLER of California. BLUMENAUER. H.R. 3514: Mr. MCGOVERN, Mr. COX, Mr. H.R. 4571: Ms. DANNER. H.R. 5089: Mrs. JOHNSON of Connecticut. BRADY of Pennsylvania, Mr. GONZALEZ, Mr. H.R. 4594: Mr. BACA, Mrs. MORELLA, Mr. H.R. 5091: Ms. RIVERS and Mr. FILNER. LEACH, Mr. KILDEE, Mr. FARR of California, WAMP, and Mr. BROWN of Ohio. H.R. 5107: Mr. NADLER, Mr. ROHRABACHER, H.R. 4651: Ms. LEE. and Mr. MASCARA. Mr. JENKINS, and Mr. GOODLATTE. H.R. 4659: Mr. FARR of California. H.R. 3540: Mr. CHABOT, Mr. UDALL of New H.R. 5109: Mr. LATOURETTE, Mr. SNYDER, H.R. 4669: Mr. SMITH of New Jersey, Mr. Mexico, Mr. JOHN, Mr. KUCINICH, Mr. STRICK- Mr. JENKINS, Mrs. CAPPS, Mr. WELDON of NETHERCUTT, Mr. GREEN of Wisconsin, Mr. LAND, Mr. CALLAHAN, Mr. INSLEE, and Ms. Florida, Mr. RUSH, Ms. CARSON, Mrs. EMER- DEFAZIO, and Mr. STUMP. BROWN of Florida. SON, Mr. SIMPSON, Mr. HANSEN, Mr. PETERSON RELINGHUYSEN H.R. 4701: Mrs. JONES of Ohio and Ms. H.R. 3575: Mr. F . of Minnesota, Mr. GIBBONS, Ms. BERKLEY, H.R. 3580: Mr. RYUN of Kansas, Mr. YOUNG BALDWIN. Mrs. JONES of Ohio, Ms. HOOLEY of Oregon, of Florida, Mr. ROGAN, and Mr. SALMON. H.R. 4723: Mr. ARMEY, Mr. DELAY, Mr. Mr. WHITFIELD, Mr. BILIRAKIS, Mr. COOKSEY, H.R. 3624: Mr. KUCINICH. WELDON of Florida, Mr. SHAYS, Mr. Mr. BUYER, Mr. HINOJOSA, and Mr. TIAHRT. H.R. 3698: Mr. SOUDER, Mr. MALONEY of BALLENGER, and Mr. NETHERCUTT. H.R. 5117: Mr. GREEN of Wisconsin, Mr. Connecticut, Mr. PORTMAN, Mr. MORAN of H.R. 4728: Mr. WELDON of Pennsylvania, SHIMKUS, and Mr. GORDON. Virginia, and Mr. TAYLOR of North Carolina. Mr. MCDERMOTT, Mr. POMBO, Mr. DOOLEY of H.R. 5123: Mr. KUYKENDALL. H.R. 3812: Mr. FALEOMAVAEGA, Mrs. CLAY- California, Mr. FOLEY, Mr. THORNBERRY, Mr. LETCHER EWIS TON, Ms. MILLENDER-MCDONALD, Mr. RADANOVICH, Mr. WATTS of Oklahoma, Mr. H.R. 5143: Mr. F , Mr. L of Ken- OGERS CUMMINGS, and Ms. DUNN. TERRY, Mr. FORD, Mr. RILEY, Mr. SAXTON, tucky, and Mr. R . H.R. 3896: Mr. CLYBURN. Mr. DREIER, and Mr. DOOLITTLE. H.R. 5144: Mr. FLETCHER, Mr. LEWIS of Ken- H.R. 3915: Mr. NORWOOD, Mr. CHABOT, Mr. H.R. 4735: Mr. MATSUI. tucky, and Mr. ROGERS. ENGEL, Ms. LEE, Mr. OBERSTAR, Mr. H.R. 4740: Mr. DAVIS of Florida, Mr. COYNE, H. Con. Res. 62: Mr. KLINK. FALEOMAVAEGA, Ms. DANNER, and Mr. MCIN- Mr. NADLER, and Mr. MINGE. H. Con. Res. 209: Ms. MCCARTHY of Mis- H.R. 4760: Ms. LEE and Mr. PASCRELL. TYRE. souri, Mr. HALL of Texas, Mrs. CAPPS, Mr. H.R. 4770: Mr. GEJDENSON. H.R. 4085: Mr. NEY. MORAN of Virginia, and Mr. UDALL OF COLO- H.R. 4792: Mrs. MALONEY of New York. H.R. 4094: Mr. ROGERS. RADO. H.R. 4799: Mr. RILEY. H.R. 4106: Mr. MALONEY of Connecticut, Mr. H. Con. Res. 258: Mrs. BIGGERT. H.R. 4800: Mr. GIBBONS. OLVER, Mr. MCHUGH, and Mr. BARCIA. H. Con. Res. 259: Mr. SMITH of Washington, H.R. 4825: Mrs. WILSON, Mr. POMEROY, Mr. H.R. 4143: Mr. LUCAS of Kentucky. Mr. CAPUANO, Mr. SABO, and Mr. DEUTSCH. DEAL of Georgia, Mr. STARK, Mr. WHITFIELD, H.R. 4219: Mr. SAXTON, Mr. SHAW, and Mr. Mr. NADLER, Mr. CLYBURN, Mr. LEACH, and H. Con. Res. 273: Mr. FORBES and Mr. MEE- KING. Mr. PORTMAN. HAN. H.R. 4250: Mr. ENGEL. H.R. 4838: Ms. LOFGREN. H. Con. Res. 308: Mr. MCINTOSH. H.R. 4259: Mrs. MINK, of Hawaii Ms. H.R. 4841: Mr. HILLEARY and Ms. DANNER. H. Con. Res. 327: Mr. MALONEY of Con- MILLENDER-MCDONALD, Mr. JOHN, Ms. DAN- H.R. 4857: Mr. GEORGE MILLER of Cali- necticut. NER, Mrs. MYRICK, Mr. NEY, Mr. TURNER, Ms. fornia, Mr. LARSON, Mr. KUCINICH, Mr. H. Con. Res. 328: Mr. GILLMOR. PELOSI, Mr. GREENWOOD, Mr. BASS, Mr. BOR- MCDERMOTT, Mr. HOLT, Mr. DEFAZIO, and Mr. H. Con. Res. 341: Mr. BILIRAKIS and Mr. SKI, Mr. SANDERS, Mr. ROMERO-BARCELO, KOLBE. HALL of Texas. Mrs. NAPOLITANO, Mr. HOUGHTON, Ms. KIL- H.R. 4858: Mr. MCGOVERN and Mr. HINCHEY. H. Con. Res. 363: Mr. EVANS. PATRICK, Mr. LANTOS, Mr. MORAN of Virginia, H.R. 4894: Mr. HILL of Indiana, Mr. BUYER, Ms. HOOLEY of Oregon, Mr. SMITH of Wash- H. Con. Res. 384: Mr. MCINTOSH, Mr. SHAD- and Mr. HILLIARD. EGG, Mr. JENKINS, Mr. HANSEN, Mr. ROHR- ington, Mr. KOLBE, Mr. LAHOOD, Mr. ALEOMAVAEGA H.R. 4921: Mr. F . ABACHER, Mr. PITTS, Mr. GARY MILLER of MCINNIS, Mr. HUNTER, and Mr. GUTIERREZ. H.R. 4935: Mr. GUTIERREZ and Mr. BONIOR. California, Mr. ARCHER, Mr. OXLEY, Mr. H.R. 4271: Mr. HORN and Mr. BASS. H.R. 4950: Mr. GILCHREST and Mr. LANTOS. TIAHRT, Mr. LIPINSKI, Mr. NORWOOD, Mr. H.R. 4272: Mr. HORN, Mr. BASS, and Mr. H.R. 4951: Mr. KOLBE. DICKEY, Mr. MCINTYRE, Mr. SCHAFFER, Mr. UDALL of Colorado. H.R. 4954: Mr. RANGEL and Mrs. MYRICK. BLILEY, Mr. MANZULLO, Mrs. MYRICK, Mr. H.R. 4273: Mr. HORN, Mr. BASS, and Mr. H.R. 4964: Mr. RAHALL and Mr. HINCHEY. DEAL of Georgia, Mr. COMBEST, Mr. SMITH of UDALL of Colorado. H.R. 4966: Ms. CARSON and Mr. UDALL of H.R. 4274: Mr. FILNER and Mr. HOYER. Colorado. Texas, Mr. RILEY, Mr. WALDEN of Oregon, Mr. GOODE, Mr. BRADY of Texas, Mr. WAMP, H.R. 4321: Mr. CONYERS. H.R. 4971: Mr. ISAKSON, Mr. SHIMKUS, Mr. Mr. POMBO, Mr. WELDON of Pennsylvania, Mr. H.R. 4328: Ms. DANNER, Mr. PASTOR, Mr. TERRY, and Mr. SMITH of Texas. MCINTYRE, and Mr. MOAKLEY. H.R. 4976: Mr. GREENWOOD, Mr. LEWIS of Kentucky, Mrs. WILSON, Mr. WOLF, H.R. 4380: Mr. EDWARDS. BLUMENAUER, Mr. COBLE, Mr. SIMPSON, Mr. Mr. SOUDER, Mr. GILLMOR, Mr. GOODLATTE, H.R. 4395: Mr. MOAKLEY, Ms. SLAUGHTER, ANDREWS, Mr. MALONEY of Connecticut, Mr. Mr. EVERETT, and Mr. DOOLITTLE. and Mr. NEAL of Massachusetts. BAIRD, Mr. CARDIN, Mr. GEJDENSON, Mrs. H. Con. Res. 390: Mr. POMBO, Mr. DELAY, H.R. 4398: Mr. LAHOOD. THURMAN, Mr. ROGAN, Mr. BONILLA, Mr. SES- Mr. BUYER, Mr. EHRLICH, and Mr. DOYLE. H.R. 4417: Mr. KENNEDY of Rhode Island and SIONS, Mr. SHADEGG, and Mr. STUMP. H. Res. 347: Ms. PELOSI, Ms. JACKSON-LEE Ms. ESHOO. H.R. 4992: Ms. CARSON. of Texas, Mr. FORBES, Mr. MCNULTY, Mr. H.R. 4471: Ms. BALDWIN. H.R. 5054: Mr. BLUMENAUER. FATTAH, Mr. CASTLE, and Mr. MOAKLEY. H.R. 4481: Ms. BERKLEY, Ms. CARSON, Mr. H.R. 5062: Mr. KENNEDY of Rhode Island and H. Res. 547: Mr. LUCAS of Kentucky and Mr. MCNULTY, and Mr. RANGEL. Mr. ANDREWS. MEEHAN.

VerDate 12-SEP-2000 06:11 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00129 Fmt 4634 Sfmt 0634 E:\CR\FM\A12SE7.080 pfrm02 PsN: H12PT1 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, TUESDAY, SEPTEMBER 12, 2000 No. 106 Senate The Senate met at 9:31 a.m. and was PLEDGE OF ALLEGIANCE few words prior to the voice vote on his called to order by the President pro The Honorable CHUCK HAGEL, a Sen- amendment. But I think it would be tempore [Mr. THURMOND]. ator from the State of Nebraska, led appropriate that the Senate be advised the Pledge of Allegiance, as follows: that there likely will not be a recorded vote at 10 o’clock this morning, so Sen- PRAYER I pledge allegiance to the Flag of the United States of America, and to the Repub- ators should be about their other busi- The Chaplain, Dr. Lloyd John lic for which it stands, one nation under God, ness. Ogilvie, offered the following prayer: indivisible, with liberty and justice for all. I also say to the acting leader, we hope those who are managing the var- Almighty God, Sovereign of this Na- f ious appropriations bills that have tion, as You guided our Founding Fa- RECOGNITION OF THE ACTING MAJORITY LEADER passed the Senate and have passed the thers to establish the separation of House would do whatever they can to church and state to protect the church The PRESIDING OFFICER (Mr. get the conference process underway. from the intrusion of government, VOINOVICH). The acting majority We have a tremendous amount of work rather than the intrusion of the church leader. to do. And while we are not debating into government, we praise You that in f appropriations bills in the evening, as Your providential plan for this Nation SCHEDULE we were last week, there is still a lot of there is to be no separation of God and work to be done on those. We hope the state. With gratitude we declare our Mr. HAGEL. Mr. President, today the Senate will resume debate on the China conferences, including engaging the ad- motto: ‘‘In God We Trust.’’ It is with PNTR legislation. Under the order, the ministration, would be ongoing at this reverence that, in a moment, we will time until 10 a.m. will be equally di- time so we can have an end game repeat the words of commitment as vided for closing remarks on the Byrd around here to complete those bills. part of our Pledge of Allegiance to our amendment regarding subsidies. There- f flag: ‘‘One nation under God, indivis- fore, the first vote of the day will occur ible.’’ at 10 a.m. I understand there may be a RESERVATION OF LEADER TIME May these words never become so fa- possibility that Senator BYRD will re- The PRESIDING OFFICER. Under miliar by repetition that we lose our quest a voice vote rather than a roll- the previous order, leadership time is profound sense of awe and wonder, or call vote. But depending on that re- reserved. our feeling of accountability and re- quest, following the vote, debate will sponsibility to place our trust in You, resume on the Thompson amendment f to seek Your guidance in all decisions, No. 4132. The Senate will recess for the and make patriotism an essential ex- weekly party conferences from 12:30 TO AUTHORIZE EXTENSION OF NONDISCRIMINATORY TREAT- pression of our relationship with You. p.m. to 2:15 p.m. At 2:15, Senator HELMS MENT TO THE PEOPLE’S REPUB- We praise You for Your truth spelled will be recognized to offer an amend- LIC OF CHINA out in our Bill of Rights and our Con- ment which will be debated at that stitution. Help us not to take for time. Further amendments are antici- The PRESIDING OFFICER. Under granted the freedom we enjoy, nor the pated; therefore, Senators can expect the previous order, the Senate will now call You sound in our souls for right- votes throughout the day and into the resume consideration of H.R. 4444, eousness in every aspect of our Nation. evening. which the clerk will report. We repent for any moral decay in our I thank my colleagues for their at- The legislative clerk read as follows: culture, any contradiction of Your tention. A bill (H.R. 4444) to authorize extension of The PRESIDING OFFICER. The Sen- nondiscriminatory treatment (normal trade commandments in our society, and any relations treatment) to the People’s Repub- reluctance to be faithful to You in our ator from Nevada. Mr. REID. I say, through the Chair to lic of China, and to establish a framework personal lives. my friend from Nebraska, we were also for relations between the United States and the People’s Republic of China. Wake us up and then stir us up with informed that Senator BYRD would a fresh realization of the unique role agree to a voice vote on this. So I Pending: You have given this Nation to exem- think it would be to everyone’s best in- Wellstone amendment No. 4118, to require plify what it means to be a blessed na- terests that those who have amend- that the President certify to Congress that tion because we humble ourselves be- the People’s Republic of China has taken cer- ments to offer would offer the amend- tain actions with respect to ensuring human fore You and exalt You as our only ments as quickly as possible. rights protection. Sovereign. You are our Lord and Sav- When Senator BYRD gets here, it is Wellstone amendment No. 4119, to require iour. Amen. my understanding he wants to say a that the President certify to Congress that

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

S8353

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VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8354 CONGRESSIONAL RECORD — SENATE September 12, 2000 the People’s Republic of China is in compli- administration acknowledges this fact, subsidy agreements do, indeed, state ance with certain Memoranda of Under- and my good friend Senator ROTH stat- that many subsidies are prohibited and standing regarding prohibition on import ed the same only yesterday. shall not be allowed. I’m all for that! and export of prison labor products. There are profound implications to Why should we not know this infor- Wellstone amendment No. 4120, to require that the President certify to Congress that Sino-American relations as a result of mation? Help me find out by voting in the People’s Republic of China has responded granting PNTR to China. State-owned support of this amendment! Help me to inquiries regarding certain people who enterprises continue to be the most provide the U.S. steel industry, and have been detained or imprisoned and has significant source of employment in other industries, with an assurance— made substantial progress in releasing from most areas in China, and some reports based on more than a nod from the ad- prison people incarcerated for organizing suggest that these subsidized enter- ministration—that there are no illegal independent trade unions. prises account for as much as 65 per- Chinese subsidies. Wellstone amendment No. 4121, to cent of the jobs in many areas of Mr. President, I yield the floor. strengthen the rights of workers to asso- The PRESIDING OFFICER. The ciate, organize and strike. China. Smith (of New Hampshire) amendment No. Government control reigns supreme question is on agreeing to the amend- 4129, to require that the Congressional-Exec- in China. My amendment sends a mes- ment of the Senator from West Vir- utive Commission monitor the cooperation sage that the U.S. Senate seeks trans- ginia. of the People’s Republic of China with re- parency in China’s likely accession to Mr. BYRD. Mr. President, I yield the spect to POW/MIA issues, improvement in the World Trade Organization, WTO. remainder of my time. the areas of forced abortions, slave labor, My amendment places Members on Mr. HAGEL. Mr. President, this side and organ harvesting. record as demanding China’s compli- yields back all time as well. Byrd amendment No. 4117, to require dis- The PRESIDING OFFICER. The closure by the People’s Republic of China of ance with the promises that China has made under the bilateral trade agree- question is on agreeing to the amend- certain information relating to future com- ment of the Senator from West Vir- pliance with World Trade Organization sub- ment that it signed with the United sidy obligations. States. ginia. Byrd amendment No. 4131, to improve the Opponents of my amendment state The amendment (No. 4117) was re- certainty of the implementation of import that the amendment is redundant and jected. relief in cases of affirmative determinations flawed on two bases. First, it was ar- Mr. HAGEL. Mr. President, I move to by the International Trade Commission with gued that the administration is already reconsider the vote. respect to market disruption to domestic Mr. BYRD. I move to lay that motion required to condition the extension of producers of like or directly competitive on the table. products. permanent normal trade relations with The motion to lay on the table was Thompson amendment No. 4132, to provide the People’s Republic of China on a agreed to. for the application of certain measures to finding that China’s state-owned enter- The PRESIDING OFFICER. The Sen- covered countries in response to the con- prises are not disruptive to our trading ator from Nebraska. tribution to the design, production, develop- interests. Mr. HAGEL. Mr. President, I am pre- ment, or acquisition of nuclear, chemical, or With all due respect to my col- biological weapons or ballistic or cruise mis- pared to make a statement relating to leagues, with this bit of news that the Senator THOMPSON’s amendment. How- siles. subsidy issue rests on some administra- The PRESIDING OFFICER. The Sen- ever, I understand my colleague from tive conclusion, I began immediately Iowa has a scheduling conflict and ator from Nevada. working double time to get this amend- Mr. REID. Does my friend from Ne- therefore needs to complete a state- ment passed. This news sounded the ment by 10:10. I therefore ask unani- braska have a statement? alarm. I think it would be better to Mr. HAGEL. No, I do not. mous consent that Senator GRASSLEY have the information direct, and to be recognized for up to 8 minutes and Mr. REID. Mr. President, I suggest make our own conclusions. The Senate the absence of a quorum. that I be recognized following his has that latitude! statement. The PRESIDING OFFICER. The In addition, if the President already clerk will call the roll. The PRESIDING OFFICER. Is there has information to certify that China’s objection? The legislative clerk proceeded to state-owned enterprises are not disrup- call the roll. Mr. KENNEDY. Mr. President, re- tive to our trading interests, my serving the right to object—I don’t in- Mr. BYRD. Mr. President, I ask unan- amendment should present no problem. imous consent that the order for the tend to object if I have an opportunity Let Members see the raw statistics. to follow—I ask that I may be recog- quorum call be rescinded. Let Members of Congress make up The PRESIDING OFFICER. Without nized following Senator HAGEL. their own minds. Mr. HAGEL. Mr. President, I revise objection, it is so ordered. What is the Administration trying to my unanimous consent. AMENDMENT NO. 4117 hide? I will have more confidence in Mr. WELLSTONE. Mr. President, re- Mr. BYRD. Mr. President, what is the what the administration says if I can serving the right to object, I ask unani- question before the Senate? review the material myself, and if Con- mous consent that after Senator KEN- The PRESIDING OFFICER. It is the gress can review it. NEDY speaks, it be in order for me to amendment offered by the Senator I have the same limited confidence in bring my amendment to the floor. from West Virginia, No. 4117. the proposed administrative review Mr. HAGEL. Mr. President, I further Mr. BYRD. I thank the Chair. I will team that is supposed to keep an eye revise my unanimous consent request be direct and to the point. This amend- on China, which, as opponents of my to include Senator WELLSTONE’s re- ment requires the U.S. Trade Rep- amendment mentioned, the specifics on quest. resentative, acting through the Work- how this review team will operate has The PRESIDING OFFICER. Without ing Party on the Accession of China to not yet been determined. Are Senators objection, it is so ordered. the World Trade Organization, to ob- willing to leave this matter to fate? Mr. BYRD. Mr. President, I ask unan- tain a commitment from China to dis- The opponents of my amendment imous consent that upon the disposi- close information about state-owned also mentioned, and it is true, that tion of the amendment by Mr. HELMS, enterprises that export products and China signed a bilateral agreement my amendment at the desk be made government assistance given to those with the United States that proclaims the pending business. state-owned enterprises. My amend- that China will cease the use of sub- The PRESIDING OFFICER. Without ment also requests a timetable for Chi- sidies prohibited under the WTO Agree- objection, it is so ordered. na’s compliance with WTO subsidy ob- ment on Subsidies and Countervailing Mr. BYRD. I thank the Chair. ligations. Measures (SCM Agreement), including The PRESIDING OFFICER. The Sen- Even the staunchest supporters of those subsidies contingent upon export ator from Iowa. permanent normal trade relations with performance and subsidies contingent AMENDMENT NO. 4132 China recognize that U.S. trade with upon the use of domestic over imported Mr. GRASSLEY. Mr. President, as a China will continue to be an uphill bat- goods, which are strictly prohibited co-sponsor of Senator THOMPSON’s leg- tle insofar as fairness is concerned. The under the SCM agreement. The WTO islation on weapons proliferation, I

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8355 want to tell my colleagues why I will Putting ourselves at this sort of dis- It will highlight the importance of not support this, or any other effort, to advantage will hurt our economy. trade as a way to achieve prosperity amend H.R. 4444, the legislation to au- And it will not help our national se- for all, including the world’s poorest thorize the permanent extension of curity one bit. nations. nondiscriminatory trade treatment to The problem I have with linking And it will repudiate those who the People’s Republic of China. trade with national security, or with would tear down the most successful First, I want to say that I fully agree human rights, or with any other wor- multilateral trade forum the world has with Senator THOMPSON’s goals. He thy cause, is that this sort of linkage ever known. wants to reduce the threat posed to the assumes that we can only do one thing, I urge my colleagues to support a United States by the proliferation of but not the other. clean PNTR bill, with no amendments. weapons of mass destruction. We can either have human rights in So do I. China, or we can have free trade. The PRESIDING OFFICER (Mr. He wants to curb the transfer of tech- We can either protect our national DEWINE). The Senator from Nebraska nologies to rogue nations that might security, or we can trade with China is recognized. destabilize regional security, threaten and jeopardize our security. Mr. HAGEL. Mr. President, I rise this our allies, or endanger United States I believe these assumptions are false. morning to urge my colleagues to op- forces. Our relationship with China is com- pose the Thompson amendment. And so do I. plex. It has more than one dimension. First, this is not a debate about In my view, this Administration has And I believe the United States is big whether national security or trade is not done nearly enough to safeguard enough, smart enough, tough enough, the highest responsibility and priority the United States from the growing and sophisticated enough to have more of our Government. Of course, Amer- threat of nuclear proliferation. than a one-dimensional China policy. ica’s national security takes prece- You don’t have to take my word for We can have an effective human dence over all other priorities. It is not it. rights policy with China. helpful when we in this Chamber hear For anyone who thinks that the We can have a tough and effective na- references to putting ‘‘trade dollars weapons anti-proliferation efforts of tional security policy. and business interests ahead of na- this administration have been ade- And we can have a trade policy that tional security.’’ There is not one quate, and that the world is a safer serves our vital national interests. Member in this body who does not put place under the Clinton-Gore team, We can do all of this at the same America’s national security interests just take a look at the Cox Commission time, and do it well. ahead of all other interests, including Report. But not if we amend this bill and trade interests. The national security Or the report of the Rumsfeld Com- send it back to the House. interests of this country come first for mission. One last thing. all of us. Both of these reports are compelling, I read this morning that thousands of That is not the issue. We need to un- and highly disturbing. anti-globalization protesters rioted derstand very clearly the underlying But, this is neither the time nor the today at the meeting of the World Eco- bill granting China permanent normal place to deal with these issues. nomic Forum in Melbourne, Australia. trade relations. In granting PNTR to The real issue today is whether we Scores of people were hurt. Almost one China, we allow our businesses and will approve this measure to extend quarter of the delegates were locked farmers the opportunity to take advan- permanent normal trade relations with out of the summit by the rioters. tage of all the far reaching market- China, and thereby allow the United One Australian official was trapped opening concessions China made to the States to take advantage of a market- for almost an hour in his vandalized United States when it signed the bilat- opening trade agreement we helped ne- car. eral trade agreement with America last gotiate. Leaders of the riot claimed they were November. PNTR does not change or An agreement that will mean new successful in blockading the con- does not enhance China’s access to sales, more jobs, and increased pros- ference. America’s markets. China has had ac- perity for America’s farmers, ranchers, ‘‘I think we can claim victory to- cess to our markets for years. It and agricultural producers, our service night’’, one of the protest leaders said. changes America’s access to China’s providers, and our manufacturing sec- The Melbourne riots come right on markets, which we have not had. There tor. the heels of similar anti-globalization are no American trade concessions to I want to make this very clear: riots in Davos, Switzerland, Wash- China in PNTR. Our markets have long A vote to amend PNTR, at this late ington, DC, and last December in Se- been open to China. stage, is a vote against PNTR. attle. Voting down PNTR means throwing If we change so much as one word of These riots are profoundly dis- away what the Chinese have finally this PNTR legislation, it will not be turbing. They appear to be growing in agreed to do—give to our businesses consistent with the legislation passed intensity and frequency around the and farmers a fair shot at their mar- by the House of Representatives, and world. And they are terribly misguided. kets. We must be perfectly clear on will be sent back to that chamber. Since the United States helped create With less than 20 legislative days to the global trading system in 1947, free this point as we continue this debate go in this session of Congress, that trade has lifted millions of people out on PNTR. That is the issue. would kill the PNTR bill for this year. of poverty. I urge my colleagues to oppose the And if PNTR is defeated, China will As poor nations have gained new Thompson amendment, not because I not suffer. prosperity, they have improved the think Senator THOMPSON is wrong China will still enter the WTO, health and education of their citizens. about proliferation; quite the opposite. whether we normalize our trade rela- They have invested in new tech- The proliferation of missile technology tions with them or not. nologies to clean up the environment. and weapons of mass destruction clear- If China enters the WTO, and we have And all the nations of the world’s ly represents one of the most serious not approved permanent normal trade trade community have helped keep the threats to the security of the United relations status, our farmers, our serv- peace, even during the bleak days of States. It is precisely because it is such ice providers, our manufacturers will the Cold War. a serious problem, with real implica- be forced to sit on the sidelines. Our Today, China is on the verge of re- tions for all Americans—by the way, competitors from Europe, Asia, and joining the world trade community it implications for the world—that it Canada will have China’s market all to abandoned in 1950. needs to be treated seriously and re- themselves. They will win a competi- A vote for normalizing China’s trade sponsibly. tive advantage over us. Perhaps a per- relations with the United States on a Tacking this amendment to PNTR manent one. permanent basis will reaffirm our sup- without any consideration in any com- The only ones who would suffer port for a member-driven, rules-based mittee of jurisdiction, without one would be our farmers, and our workers. trading system. hearing from proliferation experts,

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8356 CONGRESSIONAL RECORD — SENATE September 12, 2000 without understanding the national se- PNTR to China, is of enormous stra- We invest millions and millions of curity, geopolitical, and economic con- tegic importance to the United States. dollars and engage in multiyear sequences for America, would be irre- It is not only a matter of trade. It is projects to gain intelligence on pro- sponsible. not only about leveling the playing liferation activities around the world. Every Senator in this body agrees field for American businesses and farm- We should not jeopardize that effort by with Senator THOMPSON about the im- ers who have never had a fair shot at having the President issue an unclassi- portance of stemming the proliferation China’s markets. At its core, it is fied report to Congress that lays out of weapons of mass destruction tech- about helping to set China on the road exactly what we know and how we were nology. I strongly disagree with his ap- to becoming a responsible member of able to determine what we know. proach. His amendment would be bad the global community. It is about tak- The amendment also seeks to involve for American nonproliferation efforts, ing advantage of an unprecedented op- our capital markets in foreign policy bad for America’s economic and trade portunity to help the Chinese people issues. I do not think—and this is as interests, and bad for American na- gain more control over their own des- kindly as I can say it—that this is a tional security. Proliferation is a glob- tinies. wise course of action under any cir- al problem with implications for the We have heard, over the last few cumstances. America is stronger be- security of the United States and all of days, about human rights, religious cause the world regards our markets, our allies and friends across the world. rights, freedoms. All encompass this our capital markets, our financial mar- We cannot deal effectively with pro- dynamic. Do we believe that we influ- kets, as the most trustworthy, honest, liferation on a unilateral basis. That ence the behavior of a totalitarian na- stable, and most fairly regulated in the approach will be ineffective and will tion to be better to its people and give world. In no place in our present sys- only diminish our ability to influence its people more opportunities and en- tem are America’s capital markets the proliferator. We must have the help hance their lives, give them more con- used as a device of foreign policy. This of our allies and our friends. It is folly trol over their own destinies, by walk- would be dangerously irresponsible and to believe that unilateral sanctions by ing away from such a relationship? I do unprecedented, and this would be done one nation will stop any nation from not think so. It has never been proven without one congressional hearing to its proliferation activities, if that is to be the case in history, and I do not examine the consequences of such ac- the intent. It isn’t that simple. History think it will be proven to be the case tion. has shown clearly that unilateral sanc- this time. America is the preeminent capital tions are unworkable tools of foreign WTO membership does not permit market in the world, but that position policy. They end up injuring the inter- the Chinese Government to exercise is under constant challenge. Inter- ests of the sanctioning nation. The the kind of control over people’s lives national investors can move their only time a unilateral sanction may be as it has over the past 50 years. Mem- money, issue their stocks, access cap- effective is when it covers a unique bership in the WTO requires the Chi- ital anywhere in the world, with the American product or technology for nese Government to undertake painful click of a mouse. Why would we want which there is no foreign availability. economic and legal reforms and to to inject new political redtape and Most of all, the items and technologies open its markets, open its society. Is risks and uncertainty into a system covered by the Thompson amendment this perfect? Of course not. Are there that hangs on such a precarious bal- do not fit this category. If we prohibit flaws? Of course there are. Are there ance? For what? Federal Reserve the sale of these items and tech- imperfections? Of course there are. Chairman Alan Greenspan has been nologies without ensuring that our al- Will there be problems implementing quoted on numerous occasions in the lies and friends are on board, we simply it? Of course there will be. All of these last few days on this issue. I remind diminish our influence over the target things are in America’s strategic inter- my colleagues what Chairman Green- country. At the heart of the debate is est, however. We need to support Chi- span said about the Thompson pro- how best to influence the behavior of na’s accession to the WTO and grant posal: proliferating nations. them PNTR. So a most fundamental concern about this Unilateral sanctions will not encour- But if we attach this amendment, particular amendment is, it doesn’t have any age more responsible behavior on the then we will not pass PNTR this year. capacity of which I am aware to work. And part of China or any other country. As my friend from Iowa so succinctly by being put in effect, the only thing that This amendment might terminate a put it: It will go down. And in whose strikes me as a reasonable expectation is it number of assistance programs that best interest is that? Let us not forget can harm us more than it would harm oth- are clearly in America’s interests to that trade and prosperity encourage ers. continue. For example, one of the sanc- and enhance freedom, peace, and sta- This amendment would cast a long tions in the Thompson amendment bility in the world. shadow of doubt over the American fi- calls for a cutoff in Export-Import This amendment would also have a nancial market system. This is not in Bank financing for exports to the tar- negative impact on our ability to gath- the best interests of America. get country. Now, Export-Import Bank er intelligence on proliferators. The I oppose this amendment because it financing is designed to assist Amer- amendment requires the President to has never received any consideration in ican exporters in their efforts to com- report to the Congress the names of any committee of jurisdiction. We have pete in foreign markets for business. It every suspected proliferator in an un- not heard from proliferation experts as does not and has never been designed classified report. Although this amend- to how this amendment would affect to assist foreigners. Cutting off Export- ment urges the President to do this in our national security. Proliferation is Import Bank financing hurts American a way that protects sensitive intel- too serious, much too serious to deal exports. It is hard to imagine how this ligence sources, it is unclear, of course, with it in this manner. How much time could have a positive effect on the tar- how that will happen. How will sources have all our colleagues had to under- get country’s proliferation behavior. be protected if Congress follows the ex- stand this, to develop an appreciation The American people are going to pedited voting procedures in this for the consequences of this action? elect a new American President in 2 amendment for overturning a Presi- How much time have we put into this? short months. Proliferation will be a dential determination that sanctions We know there have been four versions. major issue for the new President. The should not be imposed for national se- The first I believe that any of us had a new President and his team must come curity reasons? How will we debate the chance to look at this was yesterday. up with a comprehensive strategy for correctness of the President’s decision That is not responsible legislation. dealing with it. It is not in the best in- without talking about the intelligence I oppose this amendment because it terests of our national security to information that led to the President’s employs unilateral sanctions which handicap our new President by tying decision in the first place? It is impos- history has proven are an ineffective his hands with the provisions in this sible. Do we believe that by exposing way to achieve foreign policy goals. amendment. I believe that China’s our intelligence sources, by telling the The amendment would tie the hands of entry into the WTO, the World Trade world what we suspect or know, we can the next President before he has had a Organization, and our granting of have a positive effect on proliferation? chance to develop a comprehensive

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8357 global nonproliferation policy. It would ondary high schools of this country at have not had this debate which not jeopardize intelligence sources and the local and State level and that the only the majority leader has said is im- would cut off programs that are de- role of the Federal Government is portant, but which families believe is signed to benefit American exporters much more limited. Approximately 7 important. The reason they believe it such as the Export-Import Bank. None cents out of every dollar that is spent is important is because of the sub- of this makes any sense. These con- locally actually comes from the Fed- stance of education policy that will be sequences would be very harmful to eral Government. included in that debate. I remind the America’s interests. I oppose this In my travels around my State of Senate where we are on the expansion amendment because it injects foreign Massachusetts, in talking to parents, of the number of children enrolled in policy considerations into our financial they are interested in a partnership. school. In K–12 enrollment, it is at an regulatory and market systems. This They are interested in their children all-time high. In 1990, 46 million K–12 would start us down a very dangerous doing well. They want support for pro- children were enrolled, and by the year and unprecedented path that would ul- grams that work, and they are less in- 2000, 53 million children. There are in- timately weaken our markets and con- terested in the division of authority be- creasing pressures on local commu- sequently weaken this country. tween local and State governments and nities across the country. The underlying bill, PNTR, is of stra- the participation of Congress in assist- This chart shows that student enroll- tegic significance to the United States. ing academic achievement. ment will continue to rise over the Passage of this bill, coupled with Chi- The backbone of congressional par- next century. There are 53 million stu- na’s entering into the WTO, will help ticipation in the education of children dents enrolled in the year 2000, but if set China on the path toward economic is the Elementary and Secondary Edu- you look at the projections, 94 million and political reform, which is clearly cation Act. That is an act of enormous are estimated to be enrolled by the in our national interest. It is clearly in importance. It is not only myself who year 2100—41 million more students the interests of the world. If we attach is saying this, but we have the state- over the next century, virtually dou- the Thompson amendment or any ments of the majority leader, Senator bling the Nation’s population in edu- amendment to PNTR, we effectively LOTT, who in January 1999 indicated: cation which will require building kill PNTR this year and maybe for Education is going to be a central issue schools and hiring more qualified some time to come. this year. . . . For starters, we must reau- teachers all across this country. For all these reasons, I urge my col- thorize the Elementary and Secondary Edu- This is a matter of enormous impor- leagues to oppose this amendment, all cation Act. That is important. tance to national policy and family amendments to PNTR, and strongly Remarks to the Conference of Mayors policy. We believe we should not give support PNTR. on January 29, 1999: short shrift to debating what our poli- I yield the floor. But education is going to have a lot of at- cies may be. We may have some dif- I believe we have a unanimous con- tention, and it’s not just going to be ferences on different sides of the aisle, sent agreement? words.... but we should be debating these policy The PRESIDING OFFICER. That is Press conference, June 22, 1999: issues. correct. The Senator from Massachu- Education is number one on the agenda for On the issue of priorities this year, setts is recognized. Republicans in the Congress this year. such as bankruptcy—which we debated for 16 days, we had 55 amendments; 16 f Remarks to the U.S. Chamber of days on bankruptcy, 55 amendments. Commerce, February 1, 2000: EDUCATION As I mentioned, we had eight amend- Mr. KENNEDY. Mr. President, I We’re going to work very hard on edu- ments on elementary and secondary know we are very much involved in cation. I have emphasized that every year I’ve been majority leader. . . . And Repub- education. Three were unanimous and this extremely important decision on licans are committed to doing that. one vote was by a voice vote. So we the question of trade with China, but I really have not met our responsibil- do want to take a few moments this A speech to the National Conference of State Legislatures, February 3, 2000: ities, I do not believe, on debating edu- morning to address another issue cation policy. We must reauthorize the Elementary and which I think is of central concern to I strongly favor Federal commitment and families across this country. Secondary Education Act. . . . Education will be a high priority in this Congress. investment in programs that have been I think it is particularly appropriate tried, tested, and proven to be effective and that we give additional focus and at- Congress Daily, April 20, 2000: that can be implemented at the local level tention to the priority of education . . . Lott said last week his top priorities and have a positive impact on the children. policy as we are coming into the final in May include agriculture sanctions bill, El- I want to take a moment to bring the days of this session of Congress. I think ementary and Secondary Education Act re- Senate up to speed about what is hap- authorization, and passage of four appropria- pening in schools across the country. there is a heightened interest in this tions bills. issue as some 53 million children are More students are taking the SAT test: going back to school. They have start- Senate, May 1: In 1980, 33 percent; 1985, 36 percent; 40 ed going back to school in the last 10 This is very important legislation. I hope percent in 1990; 42 percent in 1995; 44 days and are going back to school this we can debate it seriously and have amend- percent in 2000. More and more of the ments in the education area. Let’s talk edu- children in this country are recog- week. And, fifteen million children are cation. going to colleges, going back to school nizing the importance of taking the now, this week and next. Press Stakeout, May 2. scholastic aptitude test. Children are Parents are wondering what the cir- Question: Senator, on ESEA, have you aware they have to apply themselves, cumstances will be for their children scheduled a cloture vote on that? as reflected in the number of students this school year and in the future, and Senator LOTT: No, I haven’t scheduled a taking the test, and that college edu- cloture vote. . . . But education is number who is going to ensure their children one in the minds of the American people all cation is the key to success in Amer- are going to get an adequate education across the country and every State, includ- ica. Also, the results have been posi- and will move ahead. Parents under- ing my own State. For us to have a good, tive. Even though more students are stand full well that education is key to healthy, and even a protracted debate and taking the SAT, and the students are the future for their children and, obvi- amendments on education I think is the way more diverse, math scores are the high- ously, education is key to our coun- to go. est in 30 years. But, in order to sustain try’s future as we are moving more and Those are the assurances we have the gains made, children need to con- more into a new information-age and been given by the majority leader, and tinue to have well-qualified teachers, technologically-advanced global econ- we have had 6 days of discussion about they need an investment in preschool omy. This is a matter of enormous ur- elementary education. Two of those programs, they need afterschool pro- gency. days were discussion only. We had a grams, they have to have available to We understand that there is a funda- total of eight amendments, seven roll- them the latest technologies so they mental responsibility for the education calls, one voice vote, and three of those can move ahead in their academic of children in the elementary and sec- seven were virtually unanimous. So we work.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8358 CONGRESSIONAL RECORD — SENATE September 12, 2000 This is another chart showing more mented because there was a point of tary and Secondary Education Act in students are taking advanced math and order made against it. We had to the evenings. We could consider it this science classes. This reflects 1990 to amend a bill which did not make it pos- week, next week, until we have reached 2000: Precalculus, in 1990, was 31 per- sible for us to carry that forward into a conclusion to it. We recognize the im- cent. It is now 44 percent. Calculus, 19 a conference. portance of it. percent in 1990; 24 percent in 2000. In All of these are matters of enormous If we are looking around for prior- physics, 44 percent in 1990 to 49 percent importance. We have been impressed— ities—we heard last week about the im- in 2000. I have—by the debate and discussion at portance of a lockbox; and we ought to We are finding more students are the national level about the Vice Presi- certainly address that issue before we taking college level courses, advanced dent’s proposal to understand that adjourn—but I daresay for most fami- placement courses, the more chal- learning has to be a continuum and lies, this week is education week as lenging courses, and they are doing that skills training has to be a con- their children go back to school. They better and better in these under- tinuum. want to know what they might be able takings. I often am reminded of the fact that to expect from the Congress, what kind However, our work is far from over. when I first was elected to the Senate, of partnership should they be able to We cannot get away from the fact that we had a very efficient shipyard down expect, and we should not just give there are many others in our country, in Fall River, MA. The workers who them silence, which we effectively are in urban areas and rural areas, who are worked there, their fathers worked giving them. facing extraordinary challenges. Those there, their grandfathers worked there. I welcome the fact that this week we disadvantaged children are really the More often than not, the sons wanted are having Vice President Gore speak ones on which we are focused in terms to work there. But there has been a on the various aspects of education for of the Federal elementary and sec- change. That yard has been closed. a series of days in different parts of the ondary education programs. Now what we find out is—not only country. I would like to see a national Basically, there are important ways there but across my own State of Mas- debate on education. I would like to see in which we can give some help and as- sachusetts and across the country—ev- him out there speaking about it. I sistance to these children. We believe eryone who enters the job market is would like to have seen Governor Bush in smaller class sizes, with well-trained going to have, on average, seven dif- speaking about it. I would like to see teachers, and afterschool programs. We ferent jobs over the course of their life- the engagement of their ideas in the fo- believe in making sure the children are time. rums of their debates. But we ought to going to be ready to learn, either We have to be able to have con- be discussing these issues here on the through the Head Start Program or tinuing education and training pro- floor of the Senate. That is something through helping and assisting local grams accessible and available to I think is of importance. Every day we let this go by, every groups to try to give help and assist- young and old alike, so that people are day that we refuse to bring this up, I ance to those children as they are pre- going to be able to upgrade their skills. think we are denying the American paring, even for Head Start, the ready- That is enormously important. It is people the kind of debate on an issue to-learn program, which basically was enormously important not only to the they care about, which they deserve. a goal we agreed to—Democrats and young, but it is enormously important We hear both of the candidates talk Republicans alike—in their conference to communities such as mine, Massa- about education. Let the record just in Charlottesville about 10 years ago. chusetts, where we have an older work- demonstrate that we, on our side, want That is an area in which we have not force—we have a transition from a lot to get back and debate this issue. We of the older industries into newer kinds been able to gain support, although we want to take action on it. We are pre- of industries—and where the real dif- have a bipartisan proposal that is actu- pared to go forward on it. We do not ally currently pending—would be pend- ference is in the development of skills. We would have the opportunity to ad- need phone calls from the Vice Presi- ing were we to get back to the elemen- dent on this. We are prepared to go dress many of those issues I have very tary and secondary education bill. ahead—and go ahead today, tonight, briefly mentioned in the Elementary We believe the success of the STAR any other time, on it. Program in Tennessee and also in the and Secondary Education Act. We cer- We wish the Governor would call the State of Wisconsin demonstrates the tainly would be able to address uni- Republican leadership and say: Look, I importance of smaller classrooms. versal preschool, the issues of qualified am interested in the education issues Also, all of the various studies have teachers, and the importance of skills as well. Why don’t you go ahead and shown quite clearly the importance of training that is going to be school have a good debate on that issue and in having well-trained teachers. based. We could address modern and the Senate. Let me tell you what my We can learn from States that have safe schools. We would be able to ad- positions are. Let’s have a debate. moved ahead in providing adequate dress afterschool opportunities, small- Let’s let the American people under- compensation of teachers, such as Con- er class sizes, and the higher education stand. Let’s give them a window into necticut, North Carolina, and other issues. this discussion, which is so important States, and that have shown that when Lifelong training would perhaps not for families in this country. Let’s not you have teachers who are well trained be exactly targeted in those programs, exclude them. and well paid, you get an enhanced aca- but we will have an opportunity to ad- I can imagine, as the Vice President demic achievement for these students. dress that, I believe, in the final budget is going around talking about edu- We support afterschool programs— negotiations that are going to be tak- cation, there are going to be people they have a tremendous impact on ing place between the two Houses, and saying: What is happening in the Con- helping children to enhance their aca- with the appropriations. Being able to gress? I hope he understands that we, demic achievement. have a clear indication about where we on this side, are prepared to have these We should also make college more in the Congress stand on these issues matters debated, discussed, and re- accessible to every qualified student could be enormously instructive in solved. We wish we could join with our through GEAR UP and college tuition terms of allocating scarce resources. colleagues on the other side to do so. help, the excellent proposal that has I just want to say, we are continually Historically, the issues on education been advanced by Vice President Gore frustrated that we have not been able have never been really partisan. We to provide a tax deduction for tuition to get this matter back up in the Sen- have some differences in terms of ac- for children, for parents whose children ate for debate. We note that we were on countability, which the Vice President are going on to college. a two-track agenda just last week, strongly supports. But we believe we Also, in the area of skills training, where we did the trade issues during ought to be able to have a debate and we tried to address that in an amend- the day and the appropriations in the discussion in the Senate on this issue. ment. We actually were able to get a evening. We would like to suggest that We think we are denying the American majority in the Senate to support the we could do the trade issues, as they people the opportunity. restoring of a training program, but we are going along, but we are prepared to So I would invite the Governor to have been unable to get that imple- move ahead to consider the Elemen- contact the Republican leadership here

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8359 and say: If you are really interested in cational policy. We recognize that for those of us on this side to offer education, let’s bring the elementary schools have different needs, that some these amendments that, by the way, and secondary education bill back to need new computers. Others need to many people in the country support by the floor. Let’s debate it. hire new math teachers. Still others majorities of 80 percent, it seems to me We are glad to consider it in the need to concentrate on providing more you are not offering anything at all. evening time. We have now just about programs for gifted and talented stu- The interesting point is that my a month left in this session of the Sen- dents. Schools have different needs. friends on the other side say: Well, you ate. We ought to be resolving the issues They want to tailor their policies to are just trying to delay things. Noth- on education, on the Patients’ Bill of the needs of the local community. ing could be further from the truth. In Rights, on prescription drugs, and on That is what our bill would do. It 1994, PHIL GRAMM on your side offered a the increase in the minimum wage. If would give schools more flexibility in gun amendment on the ESEA. All we we did those four, if we took care of spending Federal dollars while holding are asking for is the opportunity to de- those four issues, I think we could say them accountable for what counts; bate this and debate it so that it is rel- that this was a Congress of consider- that is, results, improved student evant to the American people. able achievement and considerable ac- achievement. We want to get away f complishment. from the Washington-knows-best ap- Those are central, focused issues proach and let local school boards, THE CLINTON BUDGET about which both of the candidates are teachers, and parents make the deci- Mrs. BOXER. Mr. President, I asked talking. But they are speaking all over sions about what their children best for the 5 minutes because I want to dis- the country; they are not speaking to need. cuss a timely matter in response to my us here in the Senate. We have no de- Unfortunately, our efforts were de- good friend, Senator JOHN MCCAIN, who bate on minimum wage. We are not railed by our colleagues on the other made a national radio address of 5 min- getting back to the minimum wage or side of the aisle who insisted on weigh- utes to the Nation in which he criti- prescription drugs. We aren’t getting ing down the education bill with issues cized the President very strongly for back to education. completely unrelated to education. The the President’s budget plans. Since we are not going to be able to majority leader, Senator LOTT, has It is wonderful to see that JOHN is do that and have it rescheduled, we are tried repeatedly to get a unanimous back and strong, healthy and feisty, going to have to take whatever steps consent agreement that would allow us and I am looking forward to testifying we possibly can on whatever bills that to return to the education bill that before his committee on the issue of vi- are going to come up in the remaining both sides agree is so important. Unfor- olence among children. But I have to days. We want to do this well. We want tunately, the latest effort was once say, although I completely respect his to do it with the understanding of the again met with demands for unrelated, opinion, I think his analysis of where leadership on both sides. But if we are nongermane amendments that would we are in the budget debate is so upside not going to be able to get focus and sink our ability to produce this impor- down and inside out, I felt compelled to attention on these issues, then we are tant legislation this year. take to the floor today to respond. going to have to take whatever oppor- Those are the facts. Our side stands Senator MCCAIN said in his radio ad- tunity we have, on any of the measures ready to return to the ESEA bill. We dress: that are coming down the line, in try- believe that is an extremely important Our President supports excessive spending ing to press the people’s business in the priority. We are very proud of the bill that most Americans oppose. form of education. And that I commit we have produced. We believe it would That is a direct quote. He said the we will do. make a real difference in the lives of President would: I thank the Chair. American children. We would like to go The PRESIDING OFFICER. Under forward. Unfortunately, we have been . . . wreck the economic progress we have made during these good years. the previous order, the Senator from met with obstacle after obstacle from Minnesota is recognized. our colleagues on Senator KENNEDY’s That is very strong language. Mr. WELLSTONE. Mr. President, I side of the aisle. I must say respectfully to my friend know my colleague from Maine wants 5 That is unfortunate. But the Amer- from Arizona, why have we had ‘‘these minutes to respond. I ask unanimous ican people deserve to know why we good years’’ about which he talks? consent that after my colleague from have been unable to complete our work Clearly, it is because this administra- Maine speaks, my colleague from Cali- in this very important arena. tion has given us policies that work. fornia have 5 minutes as in morning I yield the floor and again thank my We only need to look back to 1992, the business, and that I then be able to in- colleague from Minnesota for his gra- Bush-Quayle years. We had the worst troduce the amendment. ciousness. recession since the Great Depression. I The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- remember it so well because it is when objection, it is so ordered. ator from California is recognized. I ran for the Senate. We had horrific The Senator from Maine. Mrs. BOXER. I thank the Chair. deficits as far as the eye could see, al- Ms. COLLINS. Mr. President, first, I Mr. President, I add my thanks to most $300 billion. We had crime rising; thank my friend and colleague from my fine colleague for allowing me to we had hope falling. We had unemploy- Minnesota for his usual graciousness in have this 5 minutes. ment skyrocketing, and there was mal- allowing me to respond to the com- I say to my dear friend from Maine aise in the country. ments made by my friend from Massa- that we all seem to be saying we want The Clinton-Gore budget in 1993 chusetts, Senator KENNEDY. to bring up the ESEA so we can debate changed all of that by ushering in a Let’s look at the facts. My colleagues education. Yet the format under which new era of economic growth. It was a on this side of the aisle have repeatedly we would be going back to this bill combination of discipline on the deficit said that the reauthorization of the El- would be a closed format. Those of us and policies that would invest in our ementary and Secondary Education who think it is important, for example, people—economic discipline on the one Act is our top priority. We produced a that there be school safety, that we be hand, saying to the people in the very very good bill from the HELP Com- allowed to offer sensible gun laws so we high brackets: You have to pay your mittee on which the Presiding Officer can, in fact, keep these guns away from fair share, and investing in our people, serves so ably. We produced a bill that these kids wouldn’t be able to do it. We in education, in the environment, and provides a substantial increase in Fed- could not offer an amendment on in infrastructure. eral funding for education to help im- school modernization. We could not It does not mean everything is per- prove education and the lives of chil- offer an amendment to expand after- fect, as AL GORE is saying. He is not dren all over this Nation. school opportunities, smaller class satisfied. None of us should be satis- We also adopted an important, inno- sizes, more qualified teachers, and ac- fied. There is more work to do, and we vative, new approach, one that recog- countability for results. need to do better. nizes that Washington is not the fount When you say you want to discuss But let’s look at the record since AL of all wisdom when it comes to edu- education, yet you shut out the ability GORE has been Vice President: Average

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8360 CONGRESSIONAL RECORD — SENATE September 12, 2000 economic growth, 3.8 percent a year TO AUTHORIZE EXTENSION OF fied, including administration wit- under Clinton-Gore, compared to 1.7 NONDISCRIMINATORY TREAT- nesses, was that the Chinese compli- percent under Bush-Quayle; unemploy- MENT TO THE PEOPLE’S REPUB- ance with our trade agreements was ment in 1992, a staggering 7.5 percent. LIC OF CHINA—Continued pitifully inadequate. There has been In my home State, it was double digits. AMENDMENT NO. 4119 virtually no compliance with these I will never forget the fear among the The PRESIDING OFFICER. The Sen- agreements. people. Today the unemployment rate ator from Minnesota is recognized. The State Department issued a coun- is 4 percent. Mr. WELLSTONE. Thank you, Mr. try-by-country report in 1999 and also The PRESIDING OFFICER. The President. in the year 2000. I will summarize. I Chair advises the Senator that her Mr. President, amendment No. 4119 could quote extensively. Both of these time has expired. deals with the human rights question; reports make it clear that during the last 2 years, China has not complied Mrs. BOXER. Mr. President, I ask it deals with the trade question; it deals with the issue of Chinese exports with these existing agreements. unanimous consent for 3 additional Let me simply raise a question with minutes. to the United States of goods made by prison labor. my colleagues. Here we have two trade The PRESIDING OFFICER. Without To curb such exports, this amend- agreements with China—two under- objection, it is so ordered. ment is about existing agreements that standings. We have basically said to Mrs. BOXER. Home ownership is the we already have with China. This the Chinese Government that people in highest ever. The $290 billion deficit amendment just says we want China to the United States of America would be has turned into a $232 billion surplus. live up to the existing agreements. The outraged if they knew that part of Poverty is the lowest in 20 years. Real United States and China first signed a what they were doing was exporting wage growth is up 6.5 percent. Under memorandum of understanding in 1992, products to our country produced by the Reagan-Bush years, there was a de- which I will refer to as MOU through- prison labor. This is a human rights cline in the real wage growth of 4.3 per- out the debate. Then we signed a state- issue. It is a labor issue. And it is also cent. There are 22 million new jobs, the ment of cooperation in 1994. This a trade issue. most jobs created in history under a amendment would require that the It is interesting. I talked about a single administration. President certify that China is fully memorandum of understanding. In 1994, Now we have the other party saying compliant with the two trade agree- the administration used as evidence the President is wrong on his budget ments that China has already made the fact that China had signed the ideas. It is their right to say that. But with us before extending PNTR to statement of cooperation. For the first the American people are wise. When China. time, the President said: I am going to you oppose every policy that led to this Let me provide some background on switch my position and I am going to economic growth, they are going to U.S.-China agreements on trade in pris- delink human rights from trade be- question you at this particular point in on labor products and discuss China’s cause it is a great step forward that the debate. deplorable record in complying with China has signed this statement of co- these agreements. Actually, they operation. That judgment turned out Instead of having a radio address haven’t complied with these agree- to be premature. China’s Ministry of where you slam this administration ments. The MOU was intended to end Justice ignored seven U.S. Customs’ re- after these great years of growth, why the export to the United States of quests for investigation submitted in not hold out your hand? Why not hold goods produced by prison labor in March of 1994, the same month that the out your hand to the other side? People China. China agreed to the United agreement was passed. are tired of this partisanship. States’ request back in 1992 that it China, for years, has refused to allow Let’s keep these successful policies would promptly investigate any com- U.S. officials access to its reeducation going. As Vice President GORE has said, panies that were involved in using pris- through labor facilities—let me repeat let us do even better. Let’s not be sat- on labor to export products back to our that—reeducation through labor facili- isfied; let’s make those deep invest- country. But basically the Ministry of ties, arguing that these are not prisons. ments in education and the environ- Justice in China completely ignored China, in spite of these agreements, ment. Let’s do even better on paying the agreement. has said: We will not allow the United down the debt. Let us give middle-class In 1994, therefore, we signed another States access to our reeducation tax cuts, not tax cuts to the super- statement of cooperation with them in through labor facilities because these wealthy that are going to wreck this which China said: We will agree and we are not prisons. Beijing would have us economic recovery. Let us save Social will set some time limits so that with- believe that these are merely edu- Security and Medicare. The other side in 60 days of the United States’ request cational institutions. And nothing, if wants to do it. Let’s join hands. to visit such a facility we will make we are at all concerned about human Let’s join hands on a real Patients’ that happen. We will be expeditious in rights in the Senate, could be further Bill of Rights and on a real prescrip- making sure we follow through on this from the truth. tion drug benefit as part of Medicare— agreement. Reeducation through labor—known and not send our seniors off to the For the last 3 years, they have not as ‘‘laojiao’’ in Chinese—is a system of HMOs which really do not have the pa- followed through on any of these agree- administrative detention and punish- tients’ benefits at heart. Let’s do it to- ments. ment without trial. That is what it is. gether before the end of this session. Because of the good work of my col- The U.S. Embassy in Beijing insists Let’s do it now. Let’s join hands now leagues, Senator HARKIN from Iowa and that reeducation through labor camps rather than throw insults over the Senator LAUTENBERG from New Jer- are covered by our trade agreements, radio. sey—both of whom are going to speak the MOU. And this is confirmed by the on the floor of the Senate—for the first MOU record. Beijing disagrees and con- My friends, we have a golden oppor- time in 3 years we had Customs able to tinues to claim that these reeducation tunity. I think we have shown we can visit one of these factories. But this through labor facilities are not prisons. work together. Let’s stop the partisan- really was the first time that China For over 5 years, China has repeatedly ship. Let’s join hands. Let’s finish this has budged at all. Other than that, we denied or ignored all U.S. requests to year on a high note, go home, and feel have seen no agreement, or no follow- visit one of these facilities. We haven’t good that we have done these things. through on these agreements. been able to visit even one of these fa- Let’s keep up the policies of the past 8 When I became a member of the For- cilities. years because they have worked. But eign Relations Committee 3 years ago, What has been this administration’s let’s do even better. I remember the first hearing we held reaction to China’s refusal to allow a I thank my friend for giving me this had to do with prison labor conditions visit? It has been the same as for all time. I thank the Presiding Officer for in China and this whole problem of denied visits. We renew our request his indulgence. trade with China. Basically the con- every 3 months, and the Chinese to- I yield the floor. sensus of all of the witnesses who testi- tally ignore us. This charade ought to

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8361 stop. It ought to stop now. That is why I am offering this amendment be- side of working people, laboring people I hope there will be strong bipartisan cause I think it addresses concerns in our own country who, by the way, support for this amendment. that many Members have in the Senate will say to each one of you back in What does ‘‘reeducation through about PNTR, concerns about China’s your States: Senator, we do not want labor’’ mean? Let me read some ex- appalling and worsening human rights to be put in a position of losing our cerpts from Human Rights Watch re- record. jobs because this repressive govern- ports on this subject: I heard my colleague from Nebraska ment can export products made by The usual procedure is for the police acting say that the evidence is clear that forced prison labor in China and has on their own to determine a re-education opening up trade leads to more respect not been willing to live up to any of term. Sentences run from one to three years’ for human rights. The evidence is not the agreements they have signed with confinement in a camp or farm, often longer clear on that. We have been doing than for similar criminal offenses. A term our country. can be extended for a fourth year if, in the record trade with China. We have a I ask my colleagues to carefully con- prison authorities’ judgment, the recipient record trade imbalance. They export sider the following questions: has not been sufficiently re-educated, fails to much more to the United States than (A) How can we expect China to admit guilt, or violates camp discipline. The vice versa. They export products made honor trade agreements with us when recipient of a re-education through labor by forced prison labor in China. Over it systematically violates the two sentence has no right to a hearing, no right the last 10 years, we haven’t seen more agreements we signed committing to counsel, and no right to any kind of judi- respect for human rights. Our own China and the United States to cooper- cial determination of his case. State Department reports that all of ate in curbing trade in prison labor That is a quote from a Human Rights the human rights organizations reports products? They are in noncompliance Watch report on this subject. point to harsh—and in some cases, with two agreements. Human Rights Watch also points out worsening—conditions. (B) How can we do nothing, year that inmates may have their reeduca- How can Senators reviewing our after year, to bar imports of Chinese tion sentence extended indefinitely, trade relations with China give up this forced labor products when we know and concludes that reeducation little leverage that we have and think that China operates the world’s largest through labor violates many of the pro- somehow it will promote human rights forced labor system estimated to en- visions of international law, including when, as a matter of fact, we have seen compass over 1,100 camps and as many the International Covenant on Civil no evidence whatever that the Govern- as 8 million Chinese prisoners? This is and Political Rights, which China ment is moving in that direction. We the Chinese version of the Soviet signed in 1998. The covenant states: will give up what little leverage we gulag. It encompasses a massive com- Anyone who is deprived of his liberty by have. plex of prisons, labor camps, and labor arrest or detention shall be entitled to take proceedings before a court in order that the This amendment is about human farms for those sentenced judicially. court may decide without delay on the law- rights. It is an amendment that speaks Do we want to turn our gaze away from fulness of his detention. to whether or not we can depend upon this, Senators? Do we want to pretend Among other things, reeducation China to honor trade agreements. It is we didn’t sign these agreements? Do we through labor bars the presumption of an amendment that speaks to the con- want to pretend China is complying innocence, involves no judicial officer, cerns of working people, that they with these agreements? Do we want to provides for no public trial or defense can’t possibly compete with prison pretend that it is not an important against the charges. labor in China. human rights question? Do we want to Amnesty International has concluded Senators, I offer this amendment and pretend that this is not important to that it is impossible for China to claim I call for support on this amendment working people in our country? Do we a commitment to the rule of law while for three reasons: (A) out of respect for want to pretend that citizens in our maintaining a system that sentences human rights; (B) because we already country would not have real indigna- hundreds of thousands of people with- have these trade agreements with tion if they realized that we weren’t out due process. I couldn’t agree more. China. This is the most directly rel- willing to at least insist China live up According to the 1999 State Depart- evant amendment to PNTR awaiting to these trade agreements? And we are ment report on human rights, there are action. We already have trade agree- not going to if we do not pass this 230,000 people in reeducation through ments with China and they have not amendment. labor camps. Conditions in these camps abided by these agreements. Tomorrow (C) How can the administration allow are similar to those in prisons. What they could. In this amendment, we call China to ignore agreements to halt does the report say about these condi- upon China to live up to these agree- forced labor exports, thereby abetting tions in prisons? It describes them as ments before we automatically extend a dehumanizing system that imprisons ‘‘harsh, and frequently degrading for normal trade relations. What is unrea- and persecutes Chinese democrats—Re- both political criminals and common sonable about that? publicans, I use democrats with a small criminals.’’ The report says it is com- Finally, I say to Democrats first, and ‘‘d’’—for peacefully advocating human mon for political prisoners to be seg- Republicans second—Democrats first, rights, while enabling Beijing to profit regated from each other and placed because we are supposed to be more the from exports of prison products? with common criminals. There are party of the ‘‘people’’—in all due re- Finally, how can the administration credible reports that common crimi- spect, a lot of our constituents, a lot of risk the displacement of U.S. workers nals have physically beaten up polit- working people, a lot of labor people, while we turn a blind eye and China ical prisoners at the instigation of the have every reason in the world to be a does nothing to bar exports to the guards. bit skeptical about this new trade United States of products made by I am sure my colleagues will agree agreement and the new global econom- prison labor. U.S. citizens are losing that reeducation through labor doesn’t ics when we have China exporting to jobs. qualify as an institution whose sole our country products produced by pris- Colleagues, I look forward to hearing aim is education and rehabilitation, as on labor. from the other side. H.R. 4444 proposes China claims. I think this amendment is all about a toothless remedy. I do not want to Before certifying that China is in on whose side are we. Are we on the let anyone in this debate get away with compliance with the MOU and SOC side of a repressive government that saying we are very concerned about under this agreement, the President basically pays no attention to any- this question. H.R. 4444 mandates the must affirm that China is permitting thing we say because the message we establishment of an interagency task investigation and U.S. inspection of re- communicate is: We will, for the sake force on prohibiting importation of education through labor facilities of commerce, sign any agreement; we products of forced or prison labor. This under the terms of both the memo- are not concerned about these harsh task force is to make recommendations randum of understanding and the conditions. But are we on the side of to the Customs Service on seeking new statement of cooperation, two agree- human rights? Are we on the side of agreements. ments that we have signed with China the idea that China ought to live up to Another task force. In all due re- in 1992 and 1994. these trade agreements? Are we on the spect, this toothless remedy has a

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8362 CONGRESSIONAL RECORD — SENATE September 12, 2000 made-for-Congress look to it. We do has signed with us concerning prison I. SOME SUGGESTIONS not want to bite the bullet, we do not labor exports as mere scraps of paper. 1. In the past seven years, both sides have want to do something substantive and What does this amendment ask for? It made great efforts to do tremendous work, important, so we do something that is asks simply that PNTR be denied until no prison products exportation to the U.S. symbolic—at best. Do we need another the President can certify that China is has been found so far. Therefore, a summary task force? We do not need another honoring agreements it has repeatedly is very necessary. 2. American counterpart must trust our task force. We do not need an inter- violated in the past. Is that too much sincerity and investigation results, which is agency task force. We already have two to ask? Is that too much to ask? the most important basis upon which we co- agreements with China—1992 and 1994. Mr. President, I have a document operate with each other. Site visits are not Another task force is meaningless. dated May 8, 2000, from the Deputy Di- necessary if we can clarify the allegation by Let me just point out some of the rector General of the Prison Adminis- our investigations. Reduction of site visits more pointed Chinese proposals which tration Bureau, PRC, to David Benner, can result in higher efficiency and avoid un- were conveyed in a message sent in U.S. Customs Attache´. I ask unani- necessary troubles and unexpected snags. May from China’s Ministry of Justice mous consent that it be printed in the 3. American officials should standardize the ways and norms when close cases regard- to the U.S. Customs attache´ in Beijing. RECORD, and I reserve the remainder of The message admonishes the U.S. Em- ing the suspected units. my time. 4. American counterpart should be cau- bassy to abide by certain principles, There being no objection, the mate- tious and prudent towards the sources of in- which include: rial was ordered to be printed in the formation and its authenticity. As a matter . . . the rule that Chinese officials conduct RECORD as follows: of fact, a lot of information obtained by investigations first, then if necessary ar- PRISON ADMINISTRATION BUREAU, American officials was not accurate, some range visits for American counterparts. MINISTRY OF JUSTICE, even groundless. This creates unnecessary I quote again: PRC, May 8, 2000. troubles for both of us. Pertaining to the Unnecessary visits will not be arranged if DAVID BENNER, practice these years, we think it is very nec- we can clarify and answer questions through U.S. Customs Attache, American Embassy Bei- essary for both sides, especially our side to the investigations. jing. verify the information and evidence obtained Really what the message from the Mr. BENNER: It was a pleasure to meet you by American counterpart. 5. Abide by the regulation in COOPERA- Chinese Government is, is we conduct on April 20, 2000 and the meeting was suc- cessful. As a follow-up, this letter presents TION AGREEMENT to conduct investigation the investigations first and only after- one case by one case. This is a serious and wards permit the United States to visit the concerned principles and suggestions we mentioned at the meeting. We hope that responsible attitude and standardized and ef- suspected sites. This is in total opposi- your government can give us a clear reply as fective method. tion to the memorandum of under- soon as possible. WANG SHU-SHENG, Deputy Director General. standing and the statement of coopera- I. BRIEF SUMMARY OF OUR COOPERATION IN THE tion. We already have the agreements. PAST The PRESIDING OFFICER. The They are not in compliance with these The signing of MEMO and COOPERATION Chair recognizes the Senator from agreements. And we want to set up a AGREEMENT shows our principles and sin- Delaware. task force? cerity of cooperation. In the past seven years Mr. ROTH. Mr. President, I make a Let me simply say the view of the since the signing of MEMO, we have made point of order a quorum is not present. Chinese Ministry of Justice that we great efforts to arrange eight visits to eleven Mr. WELLSTONE. Mr. President, I should trust China’s sincerity and places for American officials. We also con- ask consent this not be charged against therefore reduce the necessity of U.S. ducted investigations into over fifty places my side. on-site visits is nothing short of ridicu- and provided the results to American coun- terpart. We have noticed that American offi- The PRESIDING OFFICER. The lous. This is pretty incredible. quorum call is charged to the side that The other thing is, H.R. 4444 stipu- cials have closed most of the cases related to the above places. Among these visits and in- suggests it. lates that the task force is to: vestigations, no evidence at all has been Mr. WELLSTONE. I thank the Chair. . . . work with the Customs Service to as- found to prove the allegation of prison prod- The PRESIDING OFFICER. The sist the People’s Republic of China in moni- ucts exportation to the U.S. These facts well clerk will call the roll. toring the sale of goods mined, produced or show our serious attitude and cooperation The legislative clerk proceeded to manufactured by convict labor, forced labor, sincerity. or indentured labor under penal sanctions to call the roll. II. ADDITIONAL EXPLANATION AND EMPHASIS ON ensure that such goods are not exported to Mr. WELLSTONE. Mr. President, I SOME COOPERATION PRINCIPLES the United States. ask unanimous consent that the order 1. The objects that will be investigated are for the quorum call be rescinded. The Chinese Government controls prison products being exported to the U.S. prison labor in China. It can curb the No third country should be involved. The PRESIDING OFFICER. Without export of forced prison labor products 2. Abide by the principle that Chinese au- objection, it is so ordered. anytime it chooses. It certainly does thorities should hold the sovereign right to Mr. WELLSTONE. I say to my col- not need the assistance of the United conduct investigations. leagues, Senator LAUTENBERG will be States. This is, frankly, ludicrous. It is 3. Abide by the rule that Chinese officials speaking in just a moment, but until just ludicrous. conduct investigations first, then if nec- he comes out, I yield the floor. The State Department, in 1997, af- essary arrange visits for American counter- The PRESIDING OFFICER. Who parts. Unnecessary visits will not be ar- yields time? If no Senator yields time, firmed both the memorandum of under- ranged if we can clarify and answer ques- standing and the statement of coopera- tions through the investigations. time will be charged equally to both tion, of 1992 and 1994, to be binding 4. So-called ‘‘PENDING’’ or unresolved sides. international agreements. The trouble cases should be agreed to both sides. The Senator from Minnesota. is that China does not. It continues to 5. All American visitors have to be dip- Mr. WELLSTONE. Mr. President, get away with this because we impose lomats. until my colleague from New Jersey is no penalties for these egregious and 6. Any visits and investigations in China ready, I want to again summarize this continuing Chinese violations. In con- have to abide by concerned Chinese laws and amendment for other Senators. This is regulations. trast to the provision now in H.R. 4444, 7. The time limit of sixty days is valid to the issue of Chinese exports to the which is toothless, my amendment for both sides. United States of goods made by prison the first time will provide China with a 8. The results of the visits and investiga- labor. This is an issue of the memo- strong incentive to comply with the tions made by American officials have to be randum signed in 1992, I say to my col- MOE and SOC, for, if it fails to do so, formally submitted to Chinese government league from Delaware, to deal with this then it will put PNTR at risk. An by American government. problem. The Chinese Government added benefit is that it would help re- 9. American counterparts should provide agreed: Yes, we are going to stop this. sufficient information and evidence to sup- Then we signed another agreement, a store U.S. credibility by holding China port the allegations and to warrant the in- accountable for violating trade agree- vestigations and arrangement of visits. statement of cooperation, in 1994. I ments with the United States. 10. The investigation of one case must be have been on the floor citing State De- We are just insisting that China stop completed and case closed before starting partment reports and other evidence— treating the bilateral agreements it another or second case. no question about it—that the Chinese

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8363 have refused to comply with these In 1997—this is 4 years after the ing to a preliminary report from our agreements. It has been blatant. People agreement was signed—China stopped Embassy in Beijing, Chinese authori- in our country would be outraged to allowing U.S. Customs to conduct ties cooperated well with U.S. Customs know this. these inspections. Apparently, the Chi- and other personnel inspecting a fac- I say to Senators, this is a three- nese felt that the U.S. should give tory in Shandong Province. pronged issue. I have talked about them a clean bill of health and accept I hope the implementation of the these reeducation labor camps. I have their assurances on prison labor with- agreement will now resume in full, in- talked about the deplorable conditions. out further inspections. They went so cluding rapid completion of other out- It is a human rights issue. I have cited far as to seek a renegotiation of the standing inspection requests. human rights reports. I have said this memorandum of understanding. The amendment before us would is a trade issue. They have signed these For me, China’s compliance with its make China’s implementation of the agreements and have not lived up to freely accepted international obliga- prison labor memorandum of under- them. I have said this is a labor issue. tions on prison labor is a critical issue standing and statement of cooperation It permits ordinary people—which I in considering PNTR. China’s willing- a condition for granting PNTR. In my mean in a positive way—in the States ness to suspend implementation of the view, this is a reasonable condition to be a little suspicious that they could memorandum of understanding is very that Premier Zhu has already assured lose their jobs as a result of this. troubling. me China will fulfill and that appears I hope my colleagues will support For China’s accession to the World to be back on track. this. It is an eminently reasonable Trade Organization and the 1999 bilat- If the Chinese follow through, the amendment. It simply says the Presi- eral market access agreement to be President should have no problem re- dent needs to certify that China is meaningful, we need to have confidence porting to Congress that China is com- fully compliant with these two agree- that China will fulfill the letter and plying with its international obliga- ments, which they have already made spirit of its international obligations. tions under the prison labor agreement with us, before extending PNTR to Senator HARKIN and I recently trav- by the time China enters the WTO. China. eled to China, and China’s failure to I believe this issue of prison labor is I yield 12 minutes to my colleague fulfill its commitments on prison labor critical to our consideration of PNTR from New Jersey. was a major focus of our visit. Before for China. The PRESIDING OFFICER. The Sen- we left, we worked with the U.S. Em- I urge my colleagues to support the ator from New Jersey. Wellstone amendment so that we can Mr. LAUTENBERG. Mr. President, I bassy in Beijing and the Chinese Em- be assured China understands that thank my friend and colleague from bassy in Washington to arrange to ac- when we have an agreement, we want Minnesota for offering this amend- company U.S. Customs on a long-over- it complied with. ment. I ask unanimous consent to be due prison labor site inspection visit. When we arrived in Beijing, we were That is one of the questions that added as an original cosponsor. loomed large in our visit. We had an The PRESIDING OFFICER. Without told that the Chinese authorities did opportunity to meet some of the distin- objection, it is so ordered. not understand our request, and then Mr. LAUTENBERG. Mr. President, I we were told such a visit would not be guished leadership of the Chinese Gov- rise today in support of the Wellstone possible. But we did not give up. ernment. We met with the mayor of amendment on prison labor. We pressed the point in our first for- Shanghai. We met with people who had China has an extensive prison labor mal meeting in Beijing, with Vice For- an influence in provincial policy. More system, and many people are in China’s eign Minister Yang. We did not make than anything else, I wanted to know prisons for expressing their opinions, any progress on the issue, but I think that when we had an agreement, when practicing their religion, or engaging the Chinese Government got the mes- we had an understanding, it was going in other activities we would regard as sage that we were serious. to be followed through and it was not the exercise of their fundamental Later the same day, we met with sufficient to produce excuses such as: human rights. Vice Premier Qian Qichen. We again Well, we didn’t understand what was Many of these political prisoners pressed the point that China must ful- meant and that wasn’t our interpreta- have been sentenced to what the Chi- fill its obligations to allow U.S. Cus- tion; or, we are sorry we can’t quite do nese call ‘‘re-education through labor’’ toms to inspect suspected prison labor that now. without even being accused of a crime, sites, and we asked that we be per- That is not sufficient. This is an im- much less having a fair trial. mitted to join an inspection. portant agreement we are facing over- In the early 1990s, the U.S. had rea- Vice Premier Qian agreed that the all—this amendment first and then the son to believe China was using prison time had come to resume implementa- overall decision on PNTR. labor to produce goods for export, in- tion of the MOU on prison labor. He We need, in my view, to have a posi- cluding goods intended for the U.S. agreed that the first inspection would tive relationship with the Chinese Re- market. China’s government denied take place in September. public. It is such an enormous country this until we found a document direct- We had a debate about the interpre- with so much potential that it would ing the use of prison labor to produce tation of understanding. We wanted to be a positive step for the United States goods for export. go with Customs. At first, they said we and China to work together for us to China had long agreed not to use could go to a prison, but that was not have access, not just to their market- prison labor to make items destined for our mission. I was distressed by the place. The marketplace is important, the U.S. market. In August 1992, after fact that they chose to interpret what but there is something more. One bil- protracted negotiations, the United the understanding was after having lion two hundred million people reside States and China signed a memo- worked on it for a month before we left in China, and we do not want to have randum of understanding on prohib- the United States for China. an area of constant instability. We iting import and export trade in prison We saw Premier Zhu Rongji and he want to let them know that democracy labor products. This was followed by a reaffirmed China’s readiness to resume works. What they have in place now statement of cooperation in 1994. full implementation of the prison labor just does not cut the mustard, as we For several years, the system put in agreement. We urged that U.S. Cus- say. So we want to have this under- place by these agreements allowed U.S. toms be allowed to conduct inspections standing. Customs to investigate when we sus- sooner than they planned. But in order to move ahead with it, pected that prison labor was being used While this trade-related agreement we have to have a clear view that to make goods for sale in the U.S. should have been implemented all promises made—especially those that Under the agreements, U.S. Customs along, without need for our interven- are so clear as to have been signed on officers—working with their Chinese tion, I am glad our visit produced a document—we want upheld; we do counterparts—investigated suspicious progress. not want them skirted with purported sites. Cooperation under the MOU in- The first long-overdue prison labor misunderstandings. cluded visits to 11 sites over several site inspection by U.S. Customs took So I congratulate my friend from years. place last Friday, September 8. Accord- Minnesota for having, as he usually

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8364 CONGRESSIONAL RECORD — SENATE September 12, 2000 does, a look at the side of the issue forced to compete with hundreds of MEMORANDUM OF UNDERSTANDING BETWEEN that says: This is what is fair and equi- prison labor factories in China. Fac- THE UNITED STATES OF AMERICA AND THE table. That is what counts. And when tories that are filled at least partially PEOPLE’S REPUBLIC OF CHINA ON PROHIB- we look at the marketplace, that is im- with prisoners whose only crime is ITING IMPORT AND EXPORT TRADE IN PRISON LABOR PRODUCTS portant. But in order to have the kind seeking democracy or formation of a of wholesome relationship I would like true labor union. Prisoners who are The Government of the United States of to see us have with China, I think we held in so-called ‘‘re-education facili- America and the Government of the People’s Republic of China (hereinafter referred to as have to deal with this issue of prison ties’’ for up to 3 years without trials. the Parties), labor right now. I hope our colleagues Unfortunateley, China’s compliance Considering that the Chinese Government will support it. with this agreement has been dismal. has noted and respects United States laws I thank the Chair. From 1992 to 1997 there were joint in- and regulations that prohibit the import of Mr. WELLSTONE addressed the spections, but usually only after great prison labor products, has consistently paid Chair. effort on our part and often only after great attention to the question of prohibi- The PRESIDING OFFICER. The Sen- long delays—not within 60 days of re- tion of the export of prison labor products, ator from Minnesota. quest as required under the MOU. has explained to the United States its policy Mr. WELLSTONE. I thank my col- But since 1997 China has stopped all on this question, and on October 10, 1991, re- league from New Jersey. Before he compliance with the agreement. They iterated its regulations regarding prohibi- tion of the export of prison labor products; have denied all requests by our U.S. came to the floor, I mentioned a report Considering that the Government of the that he and Senator HARKIN had done. Customs to inspect prison labor facili- United States has explained to the Chinese I really appreciate their strong voices ties suspected of exporting products to Government U.S. laws and regulations pro- as Senators for human rights. the United States. hibiting the import of prison labor products Mr. President, I reserve the remain- Let me read a portion of one of the and the policy of the United States on this der of my time. recent letters sent by U.S. Customs to issue; and I will wait to respond to arguments Chinese officials. Noting that both Governments express ap- from the other side. So when Senator LAUTENBERG and I preciation for each other’s concerns and pre- Mr. HARKIN. Mr. President, this is went to China, we asked to accompany vious efforts to resolve this issue, an important amendment and one that Chinese officials and our U.S. Customs Have reached the following understanding deserves careful consideration and de- officials on a visit to one of these 8 on the question of prohibiting import and ex- port trade between the two countries that bate by the Senate. sites previously requested by Customs. We raised this at every level. We first violates the relevant laws and regulations of Senator LAUTENBERG and I just re- either the United States or China concerning turned from China last weekend. I’ll raised it prior to our visit with the Chi- products produced by prison or penal labor have a great deal more to say about nese Embassy here in Washington. (herein referred to as prison labor products). our trip and its impact on my thoughts Then we raised it with the Deputy For- The Parties agree: about our relationships with China eign Minister Yang Jiechi, then we 1. Upon the request of one Party, and based later. But I do want to speak briefly to raised it with Vice Premier Quian on specific information provided by that our efforts in China as they related to QiChen. Party, the other Party will promptly inves- prison labor and directly to this We raised our concerns about the tigate companies, enterprises or units sus- pected of violating relevant regulations and amendment. failure to abide by the MOU and asked that we be allowed to go along on a laws, and will immediately report the results As my friend and colleague from Min- of such investigations to the other. nesota has pointed out, the U.S. and visit to see for ourselves that the Tariff Act of 1930 is not being violated. 2. Upon the request of one Party, respon- China entered into an official agree- sible officials or experts of relevant depart- ment on prison labor in 1992. Its intent At first we ran into a brick wall. We ments of both Parties will meet under mutu- is to prevent the importation of goods were simply told ‘‘no.’’ Then we were ally convenient circumstances to exchange into our country made by prison labor told they misunderstood our request. information on the enforcement of relevant Then they said it was very com- in China—a practice made illegal here laws and regulations and to examine and re- plicated and would take more time. under Section 1307 of the Tariff Act of port on compliance with relevant regulations Then we had a breakthrough. and laws by their respective companies, en- 1930. They refused to let Senator LAUTEN- terprises, or units. The agreement is officially titled the BERG and I go on a visit to one of these 3. Upon request, each Party will furnish to ‘‘Memorandum of Understanding Be- facilities, but they have agreed to the other Party available evidence and infor- tween the United States of America renew their compliance with the MOU. mation regarding suspected violations of rel- and the People’s Republic of China on We got that assurance personally from evant laws and regulations in a form admis- Prohibiting Import and Export Trade Premier Zhu Ronji. sible in judicial or administrative pro- in Prison Labor Products.’’ It was ceedings of the other Party. Moreover, at the We got word last Friday—inspections request of one Party, the other Party will signed on August 7, 1992. resumed at one site. Let me read some of the key compo- preserve the confidentiality of the furnished So the first renewed inspection was evidence, except when used in judicial or ad- nents. Under the terms of the agree- completed Friday. Now we all see if the ministrative proceedings. ment the United States and China Chinese are serious about complying 4. In order to resolve specific outstanding agree to: with this agreement. Their track cases related to the subject matter of this Promptly investigate companies, enter- record clearly does not inspire con- Memorandum of Understanding, each Party prises or units suspected of violating rel- fidence. That is why I am supporting will, upon request of the other Party, evant regulations and will immediately re- the Wellstone amendment. It would promptly arrange and facilitate visits by re- port results. add to our leverage to ensure long-term sponsible officials of the other Party’s diplo- Upon the request of one Party, meet to ex- matic mission to its respective companies, change information on the enforcement of compliance with this important agree- enterprises or units. relevant laws. ment. This Memorandum of Understanding will Will furnish the other Party available evi- So I urge a vote for this amendment enter into force upon signature. dence and information regarding suspected and commend Senator WELLSTONE for Done at Washington, in duplicate, this sev- violations. bringing it forward. enth day of August, 1992, in the English and Promptly arrange and facilitate visits by As I mentioned earlier, I will have a the Chinese languages, both texts being responsible officials to its respective enter- good deal more to say about my trip to equally authentic. prises or units. China and on the underling PNTR leg- In March of 1994 we entered into an For the Government of the United States of islation as the debate continues. America: accompanying statement of coopera- Mr. President, I ask unanimous con- ARNOLD KANTER, tion on the implementation of the sent to print the memoranda of under- Under Secretary of State MOU. This statement fleshes out the standing and a letter to Wang Lixian in for Political Affairs. details of how our two governments the RECORD. For the Government of the People’s Republic were to carry out the agreement. There being no objection, the mate- of China: This is an important agreement. It rial was ordered to be printed in the LIU HUOQIU, aims to assure that U.S. workers aren’t RECORD as follows: Vice Foreign Minister, PRC.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8365 STATEMENT OF COOPERATION ON THE IMPLE- Both sides further agree to continue to in the manufacture of goods for sale in MENTATION OF THE MEMORANDUM OF UNDER- strengthen already established effective con- international markets. And, I firmly STANDING BETWEEN THE UNITED STATES OF tacts between the concerned ministries of believe that any allegation, whether AMERICA AND THE PEOPLE’S REPUBLIC OF the Chinese government and the U.S. Em- with respect to China or any other na- CHINA ON PROHIBITING IMPORT AND EXPORT bassy in Beijing and to arrange meetings to TRADE IN PRISON LABOR PRODUCTS discuss specific details when necessary to tion, regarding the use of prison labor As the Chinese government acknowledges further the implementation of the MOU in ought to be vigorously investigated and respects United States laws concerning accordance with the points noted above. under section 307 of the Tariff Act of the prohibition of the import of prison labor Done at Beijing, in duplicate, this four- 1930, which bars imports of prison-made products, and the United States government teenth day of March, 1994, in the English and goods into the United States. recognizes and respects Chinese legal regula- the Chinese languages, both texts being That said, I nonetheless rise in oppo- tions concerning the prohibition of the ex- equally authentic. sition to the proposed amendment. I do port of prison labor products; so for three reasons. As China and the United States take note EMBASSY OF THE First, the amendment is unnecessary. and appreciate the good intentions and ef- UNITED STATES OF AMERICA, forts made by both sides in implementing February 22, 2000. Under section 307 of the 1930 act, the the ‘‘Memorandum of Understanding’’ signed Mr. WANG LIXIAN, Secretary of the Treasury and the in August 1992; Director for Foreign Affairs, Ministry of Justice, Commissioner of Customs already have The Chinese government and the United Beijing, 100020, China. ample authority to investigate allega- States government agree that conducting in- DEAR MR. WANG: In accordance with the tions that Chinese enterprises are vestigations of suspected exports of prison provisions of the Memorandum of Under- using prison labor. No new authority is labor products destined for the United States standing prohibiting Import and Export of needed, and no new certification is nec- requires cooperation between both sides in Prison Labor Products and the Statement of order to assure the enforcement of the rel- Cooperation, the U.S. Embassy renews our essary. evant laws of both countries. Both sides request for investigation of the following Second, there is nothing about Chi- agree that they should stipulate clear guide- factories for evidence of prison labor exports. na’s accession to the WTO or the pas- lines and procedures for the conduct of these The request to investigate these facilities sage of PNTR that limits in any way investigations. Therefore, both sides agree to was first made February 28, 1994 and was the ability of the United States to in- the establishment of specialized procedures again made on February 24, 1998, March 8, vestigate allegations of the use of pris- and guidelines according to the following 1999 and July 7, 1999. on labor in the manufacture of goods provisions: The below listed investigations were re- destined for the U.S. market and to bar First, when one side provides the other quested five years ago and again last year. side a request, based on specific information, The Ministry of Justice has not responded imports of such goods if the allegations to conduct investigations of suspected ex- with information on these cases. Therefore, prove true. ports of prison labor products destined for we would like to renew our request that your The WTO contains a provision that the United States, the receiving side will ministry investigate the following facilities expressly permits the United States, as provide the requesting side a comprehensive to determine if these sites are involved in well as other WTO members, to bar investigative report within 60 days of the re- prison labor exports: entry of goods made with prison labor ceipt of said written request. At the same Nanchong Laodong Factory, Sichuan. from their markets. Just to be entirely time, the requesting side will provide a con- Fuyang General Machinery Factory, cluding evaluation of the receiving side’s in- Anhui. clear about what the WTO allows, let vestigative report within 60 days of receipt Dingxi Crane Works, Gansu. me quote from the relevant title of the of the report. Jilin forging and Pressing Equipment WTO agreement. It states that: Second, if the United States government, Plant, Jilin. nothing in this Agreement shall be con- in order to resolve specific outstanding Jingzhou Xinsheng Dyeing and Weaving strued to prevent the adoption or enforce- cases, requests a visit to a suspected facility, Mill. Hubei. ment by any contracting party of measures the Chinese government will, in conformity Lanzhou Valve Plant. . . . relating to the products of prison labor. Shaoguan Xinsheng Industrial General with Chinese laws and regulations and in ac- In other words, we will retain the le- cordance with the MOU, arrange for respon- Plant. sible United States diplomatic mission offi- In my letter of February 24, 1998 I enclosed verage we need following China’s acces- cials to visit the suspected facility within 60 background information which should assist sion to the WTO to encourage China’s days of the receipt of a written request. in identifying these facilities. I have main- compliance with its international com- Third, the United States government will tained copies of identifying information if mitments in respect of prison labor, submit a report indicating the results of the this would be of assistance to your office. I particularly the 1994 bilateral agree- visit to the Chinese government within 60 feel that we have made significant progress ment it signed with the United States. days of a visit by diplomatic officials to a in clearing up some of these old prison labor Third, the House bill before us, H.R. suspected facility. investigations and I look forward to contin- Fourth, in cases where the U.S. govern- ued cooperation. 4444, already addresses the issue of ment presents new or previously unknown I would also like to call to your attention prison labor and does so more construc- information on suspected exports of prison my letters of April 24, 1998 and October 7, tively. The bill creates an executive labor products destined for the U.S. regard- 1998, which requested investigation of the branch task force to assist the U.S. ing a suspected facility that was already vis- Zhengzhou Detention Center which was al- Customs Service in the effective en- ited, the Chinese government will organize leged to be manufacturing Christmas lights forcement of our laws barring imports new investigations and notify the U.S. side. for export to the US and the Dafeng County of goods made with prison labor. If necessary, it can also be arranged for the Reform Through Labor Camp and the As I said at the outset of my re- Tilanqiao Prison Labor Facility which were U.S. side to again visit that suspected facil- marks, I join those who have been very ity. alleged to have manufactured ADIDAS soc- Fifth, when the Chinese government orga- cer balls which were exported to the United critical of the Chinese Government for nizes the investigation of a suspected facil- States and other countries. The Ministry of its failure to be more cooperative—on a ity and the U.S. side is allowed to visit the Justice has not responded to these investiga- more consistent basis—in rooting out suspected facility, the U.S. side will provide tive requests within the sixty day time limit and ending these practices. But, the related information conducive to the inves- as agreed upon in the Statement of Coopera- proposed amendment would not ad- tigation. In order to accomplish the purpose tion. Please inform us of the status of these vance our argument with the Chinese; of the visit, the Chinese side will, in accord- investigations. it would, instead, prove counter- ance with its laws and regulations, provide If you have any questions or need further an opportunity to consult relevant records clarification please do not hesitate to con- productive, by killing the chances of and materials on-site and arrange visits to tact me. Thank you. the passage of PNTR. necessary areas of the facility. The U.S. side Sincerely yours, In light of that fact, I ask my col- agrees to protect relevant proprietary infor- DAVID J. BENNER, leagues to join me in opposing this mation of customers of the facility con- Attache. amendment. sistent with the relevant terms of the Prison The PRESIDING OFFICER. Who Again, let me reiterate, it is my deep Labor MOU. yields time? concern that any amendment would Sixth, both sides agree that arrangements kill this legislation, would kill PNTR. for U.S. diplomats to visit suspected facili- Mr. ROTH addressed the Chair. ties, in principle, will proceed after the visit The PRESIDING OFFICER. The Sen- For that reason, I oppose the amend- to a previous suspected facility is completely ator from Delaware. ment, and urge my colleagues to do the ended and a report indicating the results of Mr. ROTH. Mr. President, I am op- same. the visit is submitted. posed to the use of forced prison labor Mr. President, I yield the floor.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8366 CONGRESSIONAL RECORD — SENATE September 12, 2000 Mr. WELLSTONE addressed the Mr. WELLSTONE. Mr. President, I The result was announced—yeas 29, Chair. informed the distinguished chair of the nays 68, as follows: The PRESIDING OFFICER. The Sen- Finance Committee that I would be [Rollcall Vote No. 238 Leg.] ator from Minnesota. ready to yield back time. I wonder if I YEAS—29 Mr. WELLSTONE. I reserve a little could take 2 minutes and then I will bit of time for my colleague, Senator Ashcroft Gregg Reed yield back. Bayh Harkin Santorum HARKIN. But let me just say to my col- We will have a vote on the Thomp- Boxer Helms Sarbanes league from Delaware, as to the argu- son-Torricelli amendment, and there Bunning Hollings Sessions ment that it is not necessary to have are going to be Senators who will come Byrd Hutchinson Smith (NH) Campbell Inhofe Snowe any new agreements, there is nothing out and say: This is not about trying to Collins Kennedy new here. We have existing trade agree- Specter scuttle this overall trade agreement. Dorgan Lautenberg Torricelli Edwards Leahy ments. We signed an agreement in 1992 We will go to conference committee. Wellstone and in 1994. The Chinese Government We will get this worked out. And there Feingold Mikulski agreed not to export products to our is such strong sentiment for this over- NAYS—68 country made by prison labor. all agreement, this is a good thing to Abraham Feinstein McCain They have not lived up to those do. Allard Fitzgerald McConnell agreements. This amendment just says Baucus Frist Miller I want to say to Senators, I hope Bennett Gorton we call on them to live up to the exist- when we vote on the amendment I have Moynihan ing trade agreements before we go for- Biden Graham Murkowski offered with Senator LAUTENBERG—and Bingaman Gramm Murray ward with PNTR. It is really that sim- I believe Senator HARKIN will want to Bond Grams Nickles ple. Breaux Grassley Reid be an original cosponsor—there will be Brownback Hagel The bitter irony is they are in viola- Robb the same sentiment. If you think it is Bryan Hatch Roberts tion of one law; they are not supposed Burns Hutchison the right thing to do to vote for this Rockefeller to be exporting products made by pris- Chafee, L. Inouye amendment, if you think it is the right Roth on labor. And we are in violation of an- Cleland Johnson thing to do to say to China: We already Schumer other law: We are not supposed to be Cochran Kerrey have these trade agreements with you Conrad Kerry Shelby importing those products. Smith (OR) in regard to prison labor conditions Craig Kohl My second point is, my colleague Crapo Kyl Stevens cites H.R. 4444. It is just a toothless and we are just asking you to live up to Daschle Landrieu Thomas Thompson remedy. This has a ‘‘made-for-Con- those agreements before, in fact, we fi- DeWine Levin Dodd Lincoln Thurmond gress’’ look. We are going to set up a nally go forward with PNTR—if you think this is an important human Domenici Lott Voinovich task force, and we are going to assist Durbin Lugar Warner the Chinese Government in living up to rights issue, if you think we should not Enzi Mack Wyden these trade agreements. The Chinese be implicated in any way, shape, or form in the functional equivalent of NOT VOTING—3 Government does not need any assist- Akaka Jeffords Lieberman ance. They control the prison labor these gulags, if you think this is a camps. They can live up to the agree- labor issue, if you think this is a trade The amendment (No. 4119) was re- ments today. They can live up to the issue—it is a very compelling issue— jected. agreements tomorrow. They do not then please don’t vote against what Mr. ROTH. Mr. President, I move to need a task force set up. So I cannot you think is right. reconsider the vote. We can’t have Senators being selec- let my good friend from Delaware get Mr. MOYNIHAN. I move to lay that tive on this and voting one way on one away with this. motion on the table. I just think it boils down to this: amendment. Senators can say: We will The motion to lay on the table was They have the largest forced prison not vote for any amendments, period. I agreed to. have heard that. But now different peo- labor system in the world; these are AMENDMENT NO. 4132 ple are voting for some amendments the functional equivalent of gulags. I The PRESIDING OFFICER. The Sen- and not others. could use, frankly, stronger terms, I ator from Texas. say to my colleague from Delaware, to I say to my colleagues: Vote for what you think is right. If you think this Mrs. HUTCHISON. Mr. President, I describe them. rise in support of the Thompson Do we really want to be implicated in amendment I have offered is wrong, it is not the right thing to do based upon amendment. this? Do we want to be beneficiaries of I have been listening to the debate on these gulags? Do the citizens of our your sense of justice or right or any- thing else, then vote against it. Other- the THOMPSON amendment for the last country—we are now speaking and vot- day or so. I am very concerned that his ing in their name—want to be bene- wise, please vote for this amendment. Don’t make the argument that I am amendment has been portrayed as a ficiaries of this forced prison labor sys- bill killer. tem, the largest in the world, these voting against all amendments when, in fact, Senators are obviously going to I support PNTR. I want to open trade gulags, where we get products at a with China. This is very important for lower price because it is on the backs be voting for some amendments. I yield the remainder of my time. the future of both of our countries. But of people who are political prisoners, I am also very concerned about the who have done nothing more than Mr. ROTH. Mr. President, I yield the remainder of my time, and ask for the proliferation of weapons of mass de- speak out for their freedom? I think struction. I cannot see any situation in not. yeas and nays. The PRESIDING OFFICER. Is there a which the security of the United States If we are concerned about it, we will of America would take second place to support this amendment. There is no sufficient second? There is a sufficient second. a trade issue, even a most important way around that, I say to my col- trade issue. Nevertheless, I would leagues. This is a straight up-or-down The question is on agreeing to the amendment of the Senator from Min- never, ever I put the security of our vote on whether or not this is a con- country in a secondary position. cern to us. nesota. The clerk will call the roll. To say that we cannot go back to the I reserve the remainder of my time. The legislative clerk called the roll. The PRESIDING OFFICER. Who Mr. NICKLES. I announce that the House and resolve our differences be- yields time? Senator from Vermont (Mr. JEFFORDS) cause we would vote on a responsible If no one yields time, the time will be is necessarily absent. amendment that would require a re- divided equally. Mr. REID. I announce that the Sen- porting of the proliferation of weapons The PRESIDING OFFICER. The Sen- ator from Hawaii (Mr. AKAKA) and the of mass destruction is just beyond my ator from Minnesota. Senator from Connecticut (Mr. LIEBER- comprehension. This is the United Mr. WELLSTONE. Mr. President, MAN) are necessarily absent. States Senate. To say we cannot how much time do I have remaining? The PRESIDING OFFICER. Are there amend a bill that has been passed by The PRESIDING OFFICER. The Sen- any other Senators in the Chamber the House would be the height of irre- ator has 9 minutes. who desire to vote?–– sponsibility.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8367 I am also speaking today in favor of a responsible vote. It does not scuttle It was, of course, our hope that this normal trade relations with China be- PNTR, as some have warned. This is vote could have been taken independ- cause I want our countries to have a the responsible action of the Senate. It ently of PNTR. It was our desire not to mutually good relationship. The idea would be my fervent wish that we complicate PNTR but to have a sepa- that we would have a good relationship could vote our conscience on this very rate debate and separate vote. Regret- on trade but one that gives a wink and important issue, and not in any way re- tably, that proved not to be possible. a nod to proliferation of weapons of spond to the scare tactics that have So we return today with this amend- mass destruction to people intent on been put forth that this will kill the ment actually on the bill. hurting the United States of America bill, but instead do what is right for As I understand the arguments now is not a fair trade. I couldn’t possibly both of our countries; that is, open, for the bill, the most compelling is exercise my responsibility as a Senator normal trade relations, and secure the that PNTR will integrate China into and vote against the Thompson amend- United States from weapons prolifera- the international economy, that it will ment. tion by China or any other country or encourage China to follow inter- In early 1969, newly elected President rogue nation that would seek to harm national trading rules. It is a strong Richard Nixon asserted: our people or our allies anywhere in argument, but even with passage of One-fourth of the world’s people live in the world. PNTR, even if the proponents are cor- Communist China. Today they are not a sig- Mr. ROTH. Mr. President, I suggest rect that China will then adhere to nificant power, but 25 years from now they the absence of a quorum. international trading rules, that does could be decisive. For the United States not The PRESIDING OFFICER (Mr. not automatically make China a mem- to do what it can at this time, when it can, THOMPSON). The clerk will call the roll. ber in good standing of the global com- would lead to a situation of great danger. We The legislative clerk proceeded to could have total detente with the Soviet munity. Trading rules do not govern Union, but that would mean nothing if the call the roll. all international conduct. A nation is Chinese are outside the international com- Mr. TORRICELLI. Mr. President, I not a nation in good standing in the munity. ask unanimous consent that the order world simply because it trades accord- Today, President Nixon’s words for the quorum call be rescinded. ing to these rules; it is by all the rules sound remarkably prescient. China is The PRESIDING OFFICER. Without by which it chooses to live. undeniably a major world power, objection, it is so ordered. Truly to participate in the global thanks in large part to leaders such as Mr. TORRICELLI. Mr. President, it community, China will, as has been ar- Presidents Nixon and Bush and has been obvious for some time now gued on this floor, have to reform its Reagan, Secretary Jim Baker, Sec- that when permanent normal trade re- human rights practices, the way it retary Henry Kissinger, China is not lations for China comes to a vote in the treats its workers, the way it relates to outside the international community Senate, it will, indeed, pass over- Taiwan, and how it deals with sensitive but neither is China fully a member in whelmingly. My colleagues proceeding military technology that threatens all good standing of the family of respon- with this debate in recent days have peoples everywhere. sible nations. detailed at length the enormous poten- Despite many assurances that it will The major issues our two nations tial economic benefits to the U.S. econ- reform its behavior, China has contin- must confront are difficult and com- omy. Other colleagues have appro- ued to be one of the most persistent plex: China’s military buildup, arms priately discussed the human rights and serious violators of international sales and proliferation, the future of record in China, problems with reli- nonproliferation agreements. Ulti- Taiwan, bilateral trade, and human gious freedom, and the rights of work- mately, that is the question every Sen- rights. All of the previous Presidents in ers in China. They are all legitimate ator must ask themselves: If, indeed, my lifetime have recognized the un- points and each belongs in a debate on PNTR is passed and China continues to folding importance of China, and they PNTR with China, but the debate is not violate trade agreements, you can go have all pursued policies aimed at con- complete. to your local townhall meeting and structive engagement with the Chinese The relationship of the United States complain to the autoworkers and you Government. with the People’s Republic of China is can explain it to the Chamber of Com- The question at issue with our vote not only about economics; it must in- merce, but if China continues to vio- on PNTR and our vote on the amend- clude human rights, religious rights, late proliferation agreements which ments that condition the Senate’s ap- and workers rights. But it is not just leads to the spread of nuclear tech- proval of PNTR must be, what are the about those rights; it is also ultimately nology and missiles to a variety of dan- underlying goals of our relationship about the security of the United gerous neighbors that one day leads to with China and what are the primary States. warfare involving our Nation or others, issues that should guide American pol- Our relationship with the People’s to whom will you apologize then? icymaking and actions. Republic of China, a nation of 1.3 bil- Where will the explanations lie? That My answer is, our policies should be lion people, an immense land of eco- is the question before the Senate. focused on cultivating a stable and nomic, geopolitical significance, goes Last month, the Director of Central peaceful Asia. We should look to eco- beyond that, perhaps, of any other Intelligence delivered to the Congress nomic competition and mutual pros- trading partner of our country. Indeed, the intelligence community’s biannual perity to bring this about, and we must how we define this relationship in this ‘‘Unclassified Report on the Acquisi- at all times consider the security inter- vote and in this debate has enormous tion of Technology Relating to Weap- ests of the United States. ramifications in the next generation. ons of Mass Destruction.’’ As the distinguished chairman of the Indeed, just as the debate in those The DCI report clearly states that Foreign Relations Committee, JESSE first few months and years after the China has increased its missile-related HELMS, pointed out yesterday, the Chi- Second World War changed perma- assistance to Pakistan, and it con- nese proliferation of weapons of mass nently the security and economic rela- tinues to provide missile-related assist- destruction poses a direct threat to the tionship between the United States and ance to countries such as Iran, North national security of the United States. Western Europe and the remainder of Korea, and Libya. What is especially I share his view that it would be irre- the world, this debate will permanently troubling about China’s activities is sponsible for us not to address that alter our relationship with the People’s that this sensitive assistance is going threat. Republic of China, and it is not right to the most dangerous nations in the The Federal Government has no and it is not appropriate that it be most volatile areas of the world, with greater responsibility nor higher duty done on a single plane. Economics is the greatest potential to do harm. to the people of our country and to our important, but it is not everything. Indeed, looking at this map I have allies than to provide for the common That is why Senator THOMPSON and I here—from Algeria to Libya to Syria defense of the United States of Amer- have offered our amendment to address to Iran—what is it that China could do ica. the continuing problem of the pro- more? What would be worse? What The bipartisan amendment offered by liferation of weapons and technology other nation would have to receive nu- Senators THOMPSON and TORRICELLI is from the People’s Republic of China. clear or missile technology before it

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8368 CONGRESSIONAL RECORD — SENATE September 12, 2000 would offend Members of the Senate? countries China has proliferated to in with the nations about which we In the entire list of rogue nations, al- recent years. In the past, proliferation should be concerned. It has been re- most no one is absent. by the People’s Republic of China has drafted to deal specifically with those Just a couple of months ago, Chinese also included sending weapons tech- concerns. sales to Iran led to the test by Iran of nology to Iraq, Syria, and Algeria. The revised bill now applies to all a Shahab-3 medium-range ballistic I cannot imagine any accusation countries identified by the Director of missile. It is believed that components against a foreign government that Central Intelligence as key suppliers of of Iran’s missile program are from Bei- could or should raise more serious con- weapons of mass destruction. The list jing. cerns in this body. How, indeed, could currently includes China, Russia, and The People’s Republic of China com- any Member of this Senate ever explain North Korea. Countries could be added panies were sanctioned in 1997 for to the American people granting the or removed from the list over time transfers to Iran, contributing to greatest economic gift in the world, a based on the DCI’s guidelines. So there chemical weapons proliferation. Yet normalized trade relationship with the are no unintended consequences of the DCI’s August 2000 report said Iran United States, the greatest economy in other states. continues to seek production tech- the world, without at least, at a min- There were objections originally that nology, expertise, and chemicals for its imum, seeking enforcement of previous the President did not have enough dis- chemical weapons program. agreements for arms control and non- cretion in applying the sanctions; that So it is missiles and chemicals. proliferation? the sanctions in the bill were too Pakistan is a country located, per- Until China ceases to allow this type broad; and that they were applied with haps, in the most volatile region of the of sensitive equipment, technology, a standard of evidence that was too world, which in recent years exploded a and expertise to flow through its bor- low. Every one of those problems was nuclear device and has come to the ders, it must understand that it can changed to meet the administration’s brink of war with India on several oc- never have normalized political and objectives. casions since its new nuclear status. economic relationships with the United The bill is now drafted so that any The DCI reported last month that the States or, indeed, be accepted into the sanctions against supplier countries PRC provided ‘‘extensive support’’ to family of nations on an equal status are totally within the discretion of the Pakistan’s weapons of mass destruc- President. The list of measures avail- tion program, and in the second half of with all other nations. Opponents of our amendment con- able to the President are the same as 1999 Iran had ‘‘ongoing contacts’’ that tend that the current nonproliferation in the original bill. But now the Presi- could not be ruled out, despite a 1996 laws are effective; that Chinese pro- promise by the PRC to stop assistance dent is authorized—not mandated—to liferation is under control; that unilat- to unsafeguarded nuclear facilities. apply these sanctions. In unpublished press accounts, U.S. eral sanctions never work. They could So those within the Senate who had intelligence agencies have reportedly not be more wrong. concerns that we were taking away concluded that China has stepped up As the reports I have just cited dem- Presidential discretion, forcing him to its shipment of specialty steels, guid- onstrate, Chinese proliferation behav- act when the facts may not warrant it, ance systems, and technical expertise ior is not improving. It is not getting prohibiting him from negotiating by to Pakistan. Chinese experts have also better. And the DCI’s report delivered not having this discretion, have had been sighted around Pakistan’s newest to this Congress proves it. Existing their concerns addressed. The Presi- missile factory, which appears to be nonproliferation laws are simply not dent is given authorization. He is not partly based on Chinese design. working. This provides a real incen- mandated. Libya is a country with a history of tive, in actual quantifiable costs, for The only mandatory measures re- promoting regional instability, spon- sharing technology with dangerous na- maining in the bill would be applied soring state terrorism, including the tions. against specific entities or countries destruction of our own aircraft and our Our nonproliferation laws must be that are determined by the President own citizens. strengthened. This amendment—and to be proliferators. Only if the Presi- The August 2000 DCI report publicly only the Thompson-Torricelli amend- dent determines they are a proliferator confirmed the PRC’s assistance to ment—offers that opportunity. Under will any entity be sanctioned. Libya for the first time. The Defense this amendment, the President of the If a company is determined to be a Department reportedly discovered in United States would submit a report to proliferator, the President must deny December 1999 that the PRC plans to Congress by June 1st of each year iden- all pending licenses and suspend all ex- build a hypersonic wind tunnel in tifying entities in key proliferating na- isting licenses for the transfer to that Libya for missile designs for the Al- tions that have contributed to the de- company that are controlled for export Fatah missile program. velopment or acquisition of nuclear, under the Arms Export Control Act, According to reports in the Wash- chemical, or biological weapons, or bal- the Export Administration Act of 1979, ington Times, the director of Libya’s listic or cruise missiles by foreign or the Export Administration Regula- Al-Fatah missile program is planning countries—every year a report identi- tions. Isn’t that how the Senate would to travel to China to attend China’s fying the entities. have it? If a company has been identi- premier training center for missile sci- The President would be required to fied, if they have been multiple viola- entists and technicians. impose measures against companies in tors, if they have been cited by the North Korea’s missile program is now key supplier nations that have been President, shouldn’t that company believed to be achieving the potential identified as proliferators, and the then be denied the benefits of these to reach the United States with a bal- President would also be authorized to various export acts? listic missile, potentially by the year impose measures against any supplier There is also an across-the-board pro- 2005—a direct security concern of the countries as he sees fit. The President hibition on any U.S. Government pur- United States, leading this Congress to is given the discretion, but he is also chase of goods or services from, and authorize and appropriate billions of given the responsibility. And this Con- U.S. Government assistance or credits dollars for missile defense, leading all gress is given the information that it to, the proliferator. Would any Member of us to a sense of new vulnerability. needs to know whether or not the Na- of the Senate argue with this? To use The DCI first publicly confirmed in tion is being safeguarded. the taxpayers’ money, U.S. Govern- 1999 that the PRC is supplying compo- Over the past several months, we ment resources to buy from a company nents to North Korea. The August 2000 have substantially revised this legisla- that has been repeatedly cited as a report states that North Korea ac- tion to address a number of concerns proliferator by the U.S. Government? quired missile-related raw materials by the administration and by our col- Certainly they should not be entitled and components ‘‘especially through leagues. This amendment was not to the benefits of trade with the Gov- firms in China’’ in the second half of drafted by Senator THOMPSON or by ernment itself. 1999. myself alone. The administration Is it too much to ask that we impose These countries—Iran, Pakistan, raised legitimate concerns that it dealt the sanctions on companies that are al- Libya, and North Korea—are just the only with specific technologies, only ready identified, already established as

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8369 having been engaged in this conduct? Are they? The Wall Street Journal The assistant legislative clerk read But for some Members of the Senate, was too optimistic. Whether they are as follows: this was not enough. So we gave the making a serious mistake will be The Senator from North Carolina [Mr. President one further set of powers, judged by the vote on this bill, win or HELMS] proposes an amendment numbered waiver authority, which allows the lose. How many Senators consider pro- 4125. President to waive the imposition of liferation issues and national security Mr. HELMS. Mr. President, I ask measures required under this legisla- to be more than words but a policy unanimous consent reading of the tion if he determines that the supplier with strength, with cost, with sanc- amendment be dispensed with. country was taking appropriate actions tion, if our security is violated? The PRESIDING OFFICER. Without to penalize the entity for such acts of If we pass PNTR alone and do not objection, it is so ordered. proliferation and to deter future pro- pass legislation addressing these im- The amendment is as follows: liferation. The President also can portant national security concerns, I (To require the President certify to Congress waive the sanctions if he determines fear for the message that is sent and that the People’s Republic of China has that such a waiver is important to the the priorities of this Senate. This Sen- taken certain actions with respect to en- suring human rights protection) national security of the United States. ate will always be sensitive to business On page 2, line 4, before the end period, in- How little would be enough? It isn’t investment, trading opportunities, and sert the following: ‘‘; FINDINGS’’. mandatory. It is optional. It requires economic growth. It is our responsi- On page 4, before line 1, insert the fol- multiple instances. It must be an enti- bility to assure that America is pros- lowing: ty already identified by the President. perous and strong and growing. We will (c) FINDINGS.—Congress makes the fol- It must be a technology already identi- meet that responsibility. lowing findings: fied by the Government. It isn’t man- But it is the essence of leadership to (1) The People’s Republic of China has not datory. The President can waive it. He understand that no one responsibility yet ratified the United Nations Covenant on Civil and Political Rights, which it signed in can cite larger national interests. stands alone. As we govern the na- I believe there is a positive impact October of 1998. tional economy, we possess responsi- (2) The 1999 State Department Country Re- with the passage of this amendment. bility for the national security. No ports on Human Rights Practices found Now I ask the Senate another ques- economy can be so big, no economy can that— tion: What is the impact of failing to grow so swiftly, there can be no num- (A) the Government of the People’s Repub- enact it? Who could ever believe that ber of jobs with national income that lic of China continues to commit widespread this Senate considers proliferation can reach no level that makes for a se- and well-documented human rights abuses in issues to be serious, that we are con- cure American future if missile tech- violation of internationally accepted norms; cerned that there is a price to selling (B) the Government of the People’s Repub- nology spreads to Iraq and Iran, if nu- lic of China’s poor human rights record dete- these weapons of mass destruction or clear weapons begin to circle the globe these technologies to other nations, if riorated markedly throughout the year, as and unstable regimes. the Government intensified efforts to sup- we cannot at a minimum pass this au- Where, my colleagues, will your press dissent; thorizing sanction on an optional basis, economy take you then? Balance, my (C) abuses by Chinese authorities exist, in- to be used if the President wants to use friends. The Thompson-Torricelli cluding instances of extrajudicial killings, it? amendment offers balance. We are torture and mistreatment of prisoners, Imagine the message in Beijing or pleased by our prosperity, but we are forced confessions, arbitrary arrests and de- North Korea or Iran or Iraq. Are we so tentions, lengthy incommunicado deten- not blinded by it. We are blessed to live tions, and denial of due process; desperate for trade, is this economy so in a time of peace, but we understand desperate for that one more dollar im- (D) violence against women exists in the how we earned it—by strong policies of People’s Republic of China, including coer- mediately, not to offend a potential in- national security. That is what the cive family planning practices such as forced vestor or buyer, that we would com- Thompson-Torricelli amendment offers abortion and forced sterilization, prostitu- promise our own good judgment? today. tion, discrimination against women, traf- I don’t believe we would lose a dollar I yield the floor. ficking in women and children, abuse of chil- of trade with this amendment. I don’t dren, and discrimination against the disabled believe we lose a product, a job. But f and minorities; and (E) tens of thousands of members of the even if we did, even if I were wrong and RECESS we did, is the price too high to send a Falun Gong spiritual movement were de- message that in our proliferation pol- The PRESIDING OFFICER. Under tained after the movement was banned in the previous order, the Senate will July 1999, several leaders of the movement icy there is more than words? were sentenced to long prison terms in late Words will not defend us. It is not at stand in recess until the hour of 2:15 p.m. December, hundreds were sentenced adminis- all clear that our missile defense shield tratively to reeducation through labor, and will ever protect us. This might. It Thereupon, the Senate, at 12:49 p.m., according to some reports, the Government can’t hurt. It at least can set a serious recessed until 2:15 p.m.; whereupon, the of the People’s Republic of China started tone that we will not be dealt with Senate reassembled when called to confining some Falun Gong adherents to psy- with impunity. Trade with us; get the order by the Presiding Officer (Mr. chiatric hospitals. benefits of our market. But we will INHOFE). (3) The Department of State’s 2000 Annual Report on International Religious Freedom look the other way while you send dan- f states that during 1999 and 2000— gerous technologies to nations that TO AUTHORIZE EXTENSION OF (A) ‘‘the Chinese government’s respect for kill our people or threaten the peace. religious freedom deteriorated markedly’’; In a recent editorial, the Washington NONDISCRIMINATORY TREAT- MENT TO THE PEOPLE’S REPUB- (B) the Chinese police closed many ‘‘under- Post noted: ground’’ mosques, temples, seminaries, China’s continuing assistance to Paki- LIC OF CHINA—Continued Catholic churches, and Protestant ‘‘house stan’s weapons program in the face of so The PRESIDING OFFICER. Under a churches’’; many U.S. efforts to talk Beijing out of it previous order, the Senator from North (C) leaders of unauthorized groups are shows the limits of a nonconfrontational ap- Carolina, Mr. HELMS, is recognized to often the targets of harassment, interroga- proach. offer an amendment. tions, detention, and physical abuse in the The Post went on to say: People’s Republic of China; Mr. HELMS. Mr. President, I ask (D) in some areas, Chinese security au- The United States should make clear that that it be in order to deliver my re- thorities used threats, demolition of unregis- . . . Chinese missile-making is incompatible marks seated at my desk. tered property, extortion of ‘‘fines’’, interro- with business as usual. The PRESIDING OFFICER. Without gation, detention, and at times physical A Wall Street Journal editorial stat- objection, it is so ordered. abuse to harass religious figures and fol- ed: lowers; and AMENDMENT NO. 4125 If there is an assumption in Beijing that it (E) the Government of the People’s Repub- can be less observant to U.S. concerns now Mr. HELMS. Mr. President, I call up lic of China continued its ‘‘patriotic edu- that its WTO membership seems assured, the amendment No. 4125. cation’’ campaign aimed at enforcing com- Chinese leadership is making a serious mis- The PRESIDING OFFICER. The pliance with government regulations and ei- take. clerk will report. ther cowing or weeding out monks and nuns

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8370 CONGRESSIONAL RECORD — SENATE September 12, 2000 who refuse to adopt the Party line and re- ing the number of persons who are impris- Lake who was an assistant to Mr. main sympathetic to the Dalai Lama. oned, detained, or under house arrest be- Bratt, used their Government positions (4) The report of the United States Com- cause of religious beliefs or whose where- to get visas for Russian women that mission on International Religious Free- abouts are not known but who were seen in Brat met through a ‘‘match making dom— the custody of officials of the People’s Re- (A) found that the Government of the Peo- public of China; service.’’ I was shocked to hear allega- ple’s Republic of China and the Communist (9) the People’s Republic of China intends tions that a Senior Justice Official was Party of China discriminates, harasses, in- to release from prison all persons incarcer- allowed to retire early with an early carcerates, and tortures people on the basis ated because of their religious beliefs; retirement bonus, and then be re-hired of their religion and beliefs, and that Chinese (10) the People’s Republic of China has pro- at DOJ as an outside contractor just a law criminalizes collective religious activity vided a detailed response to inquiries regard- few months later in clear violation of by members of religious groups that are not ing the number of persons who are impris- Federal law. registered with the State; oned, detained, or under house arrest for rea- (B) noted that the Chinese authorities ex- But, these all proved to be accurate. sons of union organizing; and To quote the Inspector General’s report ercise tight control over Tibetan Buddhist (11) the People’s Republic of China intends monasteries, select and train important reli- to release from prison all persons incarcer- ‘‘We concluded that Bratt and Lake gious figures, and wage an invasive ideolog- ated for organizing independent trade committed egregious misconduct’’ in ical campaign both in religious institutions unions. obtaining visas for Russian women to and among the Tibetan people generally; On page 5, line 10, strike ‘‘section 101(a)’’ enter the country under false pre- (C) documented the tight control exercised and insert ‘‘section 101’’. tenses. These women had been denied over the Uighur Muslims in Xinjiang in Mr. HELMS. Mr. President, I ask it visas in the past and were only given northwest China, and cited credible reports of thousands of arbitrary arrests, the wide- be in order that I yield several minutes visas when Bratt assured Embassy Offi- spread use of torture, and extrajudicial exe- to the distinguished Senator from cials in Moscow that these women cutions; and Iowa, Mr. GRASSLEY. Following that would be working for DOJ in the fu- (D) stated that the Commission believes period, I will take the floor. ture. The IG concluded that this was a that Congress should not approve permanent The PRESIDING OFFICER. Without false statement. The IG concluded that normal trade relations treatment for China objection, it is so ordered. Bratt and Lake offered explanations until China makes substantial improvements The PRESIDING OFFICER. The Sen- for their conduct and denials regarding with respect to religious freedom, as meas- ured by certain objective standards. ator from Iowa. the visas for the Russian women which (5) On March 4, 2000, four days before the f were ‘‘not credible.’’ The IG also con- President forwarded to Congress legislation MESS AT THE JUSTICE cluded that Bratt’s ‘‘intimate involve- to grant permanent normal trade relations DEPARTMENT ment’’ with these Russian women left treatment to the People’s Republic of China, him vulnerable to blackmail and pre- the Government of the People’s Republic of Mr. GRASSLEY. Mr. President, I rise sented a security concern. The IG re- China arrested four American citizens for today to talk again about the mess at port indicates that Bratt may have practicing Falun Gong in Beijing. the Department of Justice. As we all On page 4, line 22, beginning with ‘‘Prior’’, pressured other DOJ employees to mis- strike all through page 5, line 6, and insert know, this Justice Department has lead the IG inspectors. And the IG the following: been subjected to criticism from Demo- found that Bratt had DOJ computers Prior to making the determination provided crats and Republicans alike for mis- sent to a school in Virginia where a for in subsection (a)(1), the President shall handling cases. Yesterday, the Justice girlfriend works. transmit a report to Congress certifying Department’s own Inspector General Clearly, this is the kind of mis- that— completed a lengthy report which conduct which should be exposed and (1) pursuant to the provisions of section 122 points to ‘‘egregious misconduct’’ by corrected. This is why I work so hard of the Uruguay Round Agreements Act (19 senior officials in the Justice Depart- U.S.C. 3532), the terms and conditions for the to support whistle blowers when they accession of the People’s Republic of China ment. That phrase ‘‘egregious mis- ask for my help. to the World Trade Organization are at least conduct’’ is not my phrase. That’s the But it doesn’t end there. The IG also equivalent to those agreed between the conclusion of the IG. concluded that Joe Lake violated Fed- United States and the People’s Republic of This is a sordid story which began in eral Law when he took an early retire- China on November 15, 1999; 1997, when I wrote to Attorney General ment bonus of $ 25,000. One provision of (2) the People’s Republic of China has rati- Reno asking her not to fire a whistle the early retirement program prohib- fied the International Covenant on Civil and blower who had alleged misconduct in ited lake from working for DOJ for 5 Political Rights, and that the Covenant has two components of DOJ’s Criminal Di- entered into force and effect with respect to years after his retirement. Yet, two the People’s Republic of China; vision—The International Criminal In- months after he retired, Lake was (3) the People’s Republic of China has vestigative Training Assistance Pro- hired as a consultant at DOJ reporting begun to dismantle its system of reeducation gram, also known as ‘‘ICITAP’’, and to his old friend Bob Bratt. This was through labor, which allows officials of the the Overseas Prosecutorial Develop- patently illegal, and the IG rec- People’s Republic of China to sentence thou- ment, Assistance and Training, also ommends that DOJ seek the return of sands of citizens to labor camps each year known as ‘‘OPDAT’’. These offices lake’s $ 25,000 retirement bonus. without judicial review; train prosecutors and police in other The IG also noted many of the hiring (4) the People’s Republic of China has opened up Tibet and Xinjiang to regular, countries to enforce laws in a way that practices at issue were—to use the IG’s unhindered access by United Nations human respects the rule of law and human own words—‘‘questionable.’’ For in- rights and humanitarian agencies; rights. As such, these offices are heavy stance, the IG report described the hir- (5) the People’s Republic of China has re- consumers of intelligence from various ing of a bartender at a local restaurant viewed the sentences of those people it has intelligence gathering agencies that frequented by the Associate Director of incarcerated as counterrevolutionaries under monitor human rights abuses. The IG ICITAP. The bartender was originally the provisions of a law that was repealed in concluded that some Senior DOJ Offi- hired to work at DOJ on a temporary March 1997 and the People’s Republic of cials in these offices intentionally re- basis. After this bartender-turned-Gov- China intends to release those people; (6) the People’s Republic of China has fused to follow Government Regula- ernment lawyer began a personal rela- agreed to establish a high-level and on-going tions regarding the handling of classi- tionship with Bratt, Bratt hired her on dialogue with the United States on religious fied information and recommended dis- a permanent basis at DOJ. Another ex- freedom; cipline for three DOJ officials. ample cited by the IG involved an (7) the People’s Republic of China has The allegations I received in 1997 re- ICITAP official hiring the father of an agreed to permit unhindered access to reli- lated to serious security breaches as ex-spouse’s step-children even though gious leaders by the United States Commis- well as the misuse of Government au- he had very little experience. Again, sion on International Religious Freedom and thority for the personal and financial the American people deserve better recognized international human rights orga- benefit of top DOJ Officials. I was nizations, including access to religious lead- from their Government. ers who are imprisoned, detained, or under shocked to hear allegations that Bob The IG report also indicates that house arrest; Bratt, the Executive Officer of the Senior Justice officials improperly (8) the People’s Republic of China has pro- Criminal Division, who had supervisory used frequent flier miles. The IG rec- vided a detailed response to inquiries regard- control over these offices, and Joe ommends that security clearances be

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8371 granted to ICITAP officials only after tion, we recommended discipline for three ened our investigation to encompass these evaluating their poor record of com- employees. We would have recommended sig- new allegations. plying with security regulations. nificant disciple for Bratt, including possible II. INVESTIGATION OF ALLEGATIONS I wrote to the Attorney General on termination, but for Bratt’s retirement ef- A. Issuance of visas to Russian women fective August 1, 2000. We also found that this matter in 1997. It’s taken until Bratt made four trips to Russia in late 1996 some of the problems revealed by this inves- and 1997 in conjunction with his duties as September of 2000 for DOJ to finish its tigation go beyond holding individual man- report. Just last month, Mr. Bratt was ICITAP and OPDAT Coordinator. We re- agers accountable for their actions and that ceived several allegations of impropriety re- allowed to retire from Government the Department can make changes to en- lating to these trips. The most serious alle- service. The IG report indicates that hance the performance of other managers, gation was that Bratt and Criminal Division the IG would have recommended that employees, and offices. Therefore, we made Associate Executive Officer Joseph R. Lake, Bratt be fired from the Justice Depart- nine recommendations concerning systemic Jr. improperly used Bratt’s government posi- ment if he were still working for DOJ. improvements for the Department to con- tion to obtain visas for two Russian women, sider. one or both of whom it was alleged were It seems to me that Senior Justice offi- The report is divided into chapters address- cials may need to be held accountable Bratt’s ‘‘Russian girlfriends.’’ ing the major allegations. In this Executive Our review determined that in 1997 Rus- for letting Bratt retire rather than face Summary, we summarize the background of sians seeking to visit the United States had the music for his misdeeds. As Chair- the investigation and the allegations, the in- two methods of obtaining visas from the man of the Administrative Oversight vestigative findings, and the OIG conclusions American Embassy in Moscow: the standard Subcommittee on the Judiciary Com- with respect to each chapter. process and the ‘‘referral’’ process. The mittee, I intend to keep a close eye on I. BACKGROUND OF THE INVESTIGATION standard process could be used by any Rus- the Criminal Division, in light of this ICITAP was created in 1986 and although it sian seeking to visit the United States. Rus- sorry Record. is part of the Department of Justice, its pro- sians applying through the standard process grams are funded by the Department of were required to wait in long lines at the Mr. President, this is merely the lat- American Embassy in Moscow to submit est example of how Justice Department State. OPDAT, created in 1991, is similarly funded. Both ICITAP and OPDAT are headed their applications, and the process included is a real mess. We all know that. For by Directors, with a Coordinator responsible an interview by an American Embassy offi- the benefit of my colleagues, I ask for overseeing the management of both orga- cial. The Embassy official could deny the ap- unanimous consent to have printed in nizations. The Office of Administration han- plication if, among other reasons, the offi- the RECORD at the cost of $1,300 an ex- dles the administrative functions for the cial did not believe the applicant had estab- ecutive summary of the report. Criminal Division, including personnel, lished that he or she would return to Russia. budget, information technology, and pro- The ‘‘referral’’ process could be used in much There being no objection, the mate- more limited circumstances. The referral rial was ordered to be printed in the curement matters. The Executive Officer heads the Office of Administration. process required that United States govern- RECORD, as follows: Bratt became the Executive Officer for the ment interests be supported by the appli- EXECUTIVE SUMMARY Criminal Division in 1992. He was appointed cant’s visit to the United States or that a Te International Criminal Investigative the Acting Director of ICITAP in March 1995 humanitarian basis existed for the visit. In Training Assistance Program (ICITAP) is an following the dismissal of the previous Di- the referral process, the visa application was office within the Criminal Division of the rector. After Janice Stromsem was selected submitted by an Embassy official who com- Department of Justice that provides training as ICITAP Director and assumed the post in pleted a form approved by an Embassy Sec- for foreign police agencies in new and emerg- August 1995, Bratt resumed his duties as Ex- tion Chief setting forth the United States ing democracies and assists in the develop- ecutive Officer. Bratt was appointed to the government interest in or the humanitarian basis for the applicant’s visit. No interview ment of police forces relating to inter- newly created post of Coordinator in Sep- was required, and the use of the referral national peacekeeping operations. The tember 1996 where he remained until being process generally ensured that the applicant Criminal Division’s Office of Overseas Pros- detailed to the Immigration and Naturaliza- ecutorial Development, Assistance and would receive a visa. tion Service (INS) in April 1997 at the re- Two Russian citizens, Yelena Koreneva and Training (OPDAT) trains prosecutors and quest of the Attorney General. Ludmilla Bolgak, received on April 7, 1997, judges in foreign countries in coordination ICITAP has had a long history of turmoil. visas to visit the United States. They re- with United States Embassies and other gov- Between 1994 and 1997, four different individ- ceived the visas because Lake submitted ernment agencies. The Criminal Division’s uals assumed the responsibility of Director their applications using the referral process Office of Administration serves the Criminal or Acting Director. During that period, here and purported that a government interest Division’s administrative needs. This report were two different investigations into allega- existed for their visit to the United States. details the results of an investigation by the tions of misconduct as well as reviews of On the referral form Lake wrote that Office of the Inspector General (OIG) into al- ICITAP’s organizationals structure and fi- ‘‘[a]pplicants have worked with the Execu- legations that managers in ICITAP, OPDAT, nancial systems. In 1994, at the request of tive Officer (EO) Criminal Division in sup- and the Office of Administration committed the Criminal Division Assistant Attorney port of administrative functions, Moscow Of- misconduct or other improprieties. General, the OIG completed two investiga- fice.’’ He signed it ‘‘Joe Lake for BB.’’ In ad- The allegations raised a wide variety of tions of ICITAP that examined allegations of dition to being the ICITAP and OPDAT Coor- issues including managers’ improper use of favoritism in selecting consultants, mis- dinator, Bratt retained the title and many of their government positions to obtain visas conduct in travel reimbursements, poor qual- the responsibilities of the Executive Officer. for foreign citizens, widespread violations of ity of ICITAP’s work products, waste and in- We determined that neither woman had the rules governing the handling and storage efficiency in program and contract expendi- ever worked for Bratt or the Criminal Divi- of classified documents, managers’ use of tures, and management of foreign programs. sion. Both women socialized extensively with business class travel without authorization, The OIG did not substantiate the allegations Bratt during his visits to Moscow, but Bratt managers’ use of frequent flyer miles earned of misconduct but did find that ICITAP did did not have a professional relationship with on government travel for personal use, viola- not plan its programs carefully. The OIG them. We concluded that the statement writ- tions of contractual rules and regulations, also made recommendations to improve ten on the referral form was false. failure to supervise contracts leading to sub- ICITAP’s financial management. In January We found that Bratt first visited Moscow stantial cost overruns and overcharges by 1995, Bratt examined a proposed ICITAP re- in November 1996 during which he received a contractors, and favoritism in the hiring and organization plan and conducted an inves- tour of various tourist sites from a Russian promotion of certain employees. Many of the tigation following additional allegations of interpreter. According to the interpreter, allegations concerned the actions of Robert misconduct that were made to the Criminal during the tour she told Bratt that she also K. ‘‘Bob’’ Bratt, a senior Department official Division, allegations that Bratt substan- worked for a Russian ‘‘match-making’’ agen- who became the Criminal Division Executive tiated. cy. She said that in response, Bratt told her Officer in charge of the Office of Administra- This OIG investigation began in April 1997 he would like to meet a single Russian tion in 1992. At varying times during the when an ICITAP employee reported to the woman. The interpreter contacted a business years 1995–1997, Bratt also was the Acting Di- Department’s security staff that an ICITAP associate, Bolgak, who had a friend who was rector of ICITAP and the Coordinator of both senior manager had provided classified docu- single, Koreneva. Bratt met Koreneva and ICITAP and OPDAT. ments to persons who did not have a security Bolgak on his next trip to Moscow, in Janu- We substantiated many of the allegations clearance. The Department’s security staff ary 1997. On this trip, as well as his later and found that individual managers, includ- and the OIG investigated the allegation and trips to Moscow, Bratt socialized extensively ing Bratt, committed serious misconduct. confirmed it. The OIG continued the inves- with Koreneva and Bolgak, usually meeting We also concluded that managers in ICITAP, tigation to determine the extent of security them for dinner or drinks. OPDAT, and the Office of Administration problems at ICITAP. While this investiga- During the January trip, Bratt invited the failed to follow or enforce government regu- tion was ongoing, the OIG received numerous women to come to the United States to visit lations regarding ethics, security, travel, allegations of misconduct and mismanage- him. Koreneva told Bratt that she had pre- and contracts. As a result of our investiga- ment at ICITAP and OPDAT, and we broad- viously been denied a visa to visit the United

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8372 CONGRESSIONAL RECORD — SENATE September 12, 2000 States. Between the January trip and his ther investigation to determine the extent of 1996 and 1997. Government and Department next trip to Moscow in March 1997, Bratt in- ICITAP’s security problems and ICITAP Travel Regulations restrict the use of busi- vestigated how Russians could obtain visas management’s responsibility for the failures. ness class by government travelers. Even in to visit the United States. He made inquiries The OIG found that the problems discov- circumstances when business class may be of a personal friend who worked for the State ered in the 1997 security reviews had existed used, it must be authorized by the traveler’s Department and also of Cary Hoover, the for many years. Evidence showed that senior supervisor. We found that Bratt instigated Special Assistant to the ICITAP Director. managers provided or attempted to provide and approved a scheme to improperly manip- Bratt learned that Russians applied for visas classified documents to uncleared consult- ulate his flight schedules in order to qualify at the American Embassy in Moscow, that ants or other staff. Staff, including senior for business class travel. We concluded that they were interviewed by Embassy officials, managers, routinely left classified docu- Bratt’s and the other managers’ use of busi- and that the Embassy made a determination ments unsecured on desks, including when ness class was not authorized and violated as to whether the applicant would return to individuals were away from their offices on the rules limiting the use of business class Russia. Bratt also asked Hoover specifically travel. Stromsem, Hoover, and Trincellito travel. for information about the referral process. improperly took classified documents home. On one trip, in November 1996 Bratt, Lake, In March 1997 Bratt and Hoover returned to Highly classified documents containing Sen- and Thomas Snow, the Acting Director of Moscow on business. During this trip Bratt sitive Compartmented Information (SCI), or OPDAT, traveled to Moscow and several and Hoover met with an unidentified Em- ‘‘codeword’’ information, were brought to other European cities using business class on bassy official to learn more about the visa the ICITAP offices even though ICITAP did at least one leg of the trip. Business class process. The evidence showed that Bratt, not have the type of secure facility (a Sen- was arranged by the Department’s travel Hoover, and the Embassy official discussed sitive Compartmented Information Facility agency because the method used by the air- the likelihood of Koreneva being denied a or ‘‘SCIF’’) required to store SCI. The evi- lines to calculate the cost of trips with sev- visa. During the meeting Bratt told the offi- dence showed that ICITAP inaccurately cer- eral stops made the use of business class less cial that one or both of the women might tified to United States Embassies that indi- expensive than coach class. However, we work for the Department of Justice in the viduals had security clearances when they found that a weekend stop in Frankfurt, Ger- future. We concluded that Bratt learned did not. We also found one instance where many, violated the Travel Regulations and through these various inquiries that classified information was sent over an unse- that the stop should not have been used as a Koreneva would likely be denied a visa again cure e-mail system. basis to obtain business class accommoda- if she used the standard application process. As an example of the inattention ICITAP tions. We also found that the Department’s Although Bratt and Lake deny it, the evi- managers gave to security, we set forth the travel agency had suggested an alternative dence showed that Bratt returned to the Em- troubling history of ICITAP Associate Direc- itinerary for this trip that would have saved bassy again during this March trip, this time tor Trincellito’s handling of classified infor- the government substantial money but that accompanied by Lake who was also in Mos- mation. From 1995 through early 1997, the itinerary was improperly rejected by cow, and met with Donald Wells, the head of ICITAP’s security officers repeatedly found Lake. On a second trip, in January 1997 Bratt and the Embassy office responsible for issuing classified documents left unattended in Hoover flew business class to Moscow pur- visas through the referral process. Bratt and Trincellito’s office. The security officers portedly pursuant to the ‘‘14-hour’’ rule. If Lake told Wells that they wished to bring warned Trincellito that he was violating se- authorized by a supervisor, government reg- two women with whom they had a profes- curity rules, and they also notified other ulations permit travelers to fly business sional relationship to the United States for ICITAP managers about the problem. One se- class when a flight, including layovers to consultations. Wells told the men that the curity officer, after becoming aware of re- catch a connecting flight, is longer than 14 referral process could only be used if there peated violations, documented the violations hours. For this trip, Bratt requested that his was a government interest in the women’s in writing and recommended discipline for Executive Assistant determine whether the visit to the United States. Trincellito. ICITAP Director Stromsem on flight proposed by the travel agency quali- We also learned that within a few days of occasion spoke to Trincellito about his vio- fied for business class under the 14-hour rule. the meeting with Wells, Lake obtained a visa lations and attempted to make it easier for His Executive Assistant checked with three referral form from the Embassy. The evi- him to comply with rules by putting a safe different individuals and based on the infor- dence showed that Lake called Bratt, who in his office. However, in the face of repeated mation she received, she told Bratt that he had returned to the United States, to discuss violations indicating that Trincellito refused did not qualify for business class because the form. Lake submitted the women’s appli- to comply with security regulations, both legs of the flight took less than the req- cations and the visa referral form containing Stromsem and other senior ICITAP man- the false statement about the women having uisite time. agers failed to take sufficient action, such as Nonetheless, according to Bratt’s Execu- worked for the Executive Officer to the Em- initiating discipline, to ensure that tive Assistant, Bratt told her to ‘‘do what bassy. The visas were issued shortly there- Trincellito complied with security regula- you can to get me on business class.’’ As a after although they were never used by the tions. result, Bratt’s Executive Assistant arranged women. Although he initially falsely claimed We found that ICITAP managers’ own vio- with the Department’s travel agency to to the OIG that he was just friends with lations of the security rules, their tolerance lengthen Bratt’s flight for the purpose of ob- Koreneva, Bratt later admitted to the OIG of Trincellito’s known violations, and the re- taining a flight long enough to qualify for that he had an intimate relationship with moval of the security officers who attempted business class travel. Even with the manipu- her. to enforce the rules sent a message that se- lations, however, the flight from the United We concluded that Bratt and Lake know- curity was not important at ICITAP. We also States to Moscow was still less than 14 ingly used the referral process even though found that the Criminal Division did not ade- hours. We concluded that Bratt and Hoover they were aware that it required a govern- quately supervise ICITAP’s security program did not qualify for the use of business class ment interest in the women’s visit and that even though security reviews conducted by and that they were not authorized to use no such government interest existed. We also both SEPS and the Criminal Division begin- that class of service. found that Bratt’s and Lake’s explanations ning in 1994 showed a pattern of security vio- In March 1997, on a third trip, Bratt, Hoo- of their conduct, as well as their denials that lations. ver, and Stromsem flew business class from certain events happened, were not credible. In this chapter we also discuss the security Moscow to the United States even though We concluded that Bratt and Lake com- implications raised by Bratt’s involvement there were economy flights available that mitted egregious misconduct. with Koreneva. Bratt held a high-level secu- would have fit the business needs of the trav- B. Security failures at ICITAP rity clearance and had access to highly clas- elers. Although Hoover and Stromsem were In April 1997 the Department of Justice Se- sified documents. We concluded that Bratt’s originally scheduled to fly on an economy curity and Emergency Planning Staff intimate involvement with a Russian citizen class flight, Bratt directed that their flights (SEPS) received an allegation from an about whom he knew very little, has invita- be changed to avoid the disparity between OPDAT employee that Special Assistant to tion to her to visit the United States and his his subordinates traveling economy while he the ICITAP Director Hoover had improperly office, his improper use of his government traveled on business class. We held Bratt ac- given classified documents to individuals position to obtain a visa for Koreneva and countable for all the excess costs of the who worked at ICITAP and who did not have Bolgak, and his attempt to conceal the true March trip. On his fourth trip, in June 1997 security clearances. SEPS and the OIG con- nature of the relationship left him vulner- Bratt flew business class on both legs of his firmed the allegation. SEPS then conducted able to blackmail and represented a security trip to and from Moscow. Contemporaneous an unannounced, after-hours sweep of the concern. documents show that the choice of flights for We found that the actions of another ICITAP offices on April 14, 1997, to further both of these trips was dictated by Bratt’s ICITAP employee who was intimately in- assess ICITAP’s compliance with security desire to use business class rather than for volved with a Russian national also rep- rules and regulations. During that sweep and business reasons. In one facsimile to the resented a security concern. a follow-up review conducted by the Crimi- travel agency concerning the June 1997 trip, nal Division Security Staff, 156 classified C. Business class travel Bratt’s Executive Assistant asked, ‘‘Can you documents were found unsecured in the of- We found that Bratt and other ICITAP and rebook him [Bratt] with a slightly longer fice of Joseph Trincellito, ICITAP Associate OPDAT manager improperly flew business layover in Amsterdam.... So that at least Director. The OIG and SEPS conducted fur- class when traveling to and from Moscow in two extra hours is added onto the trip?

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8373 . . . ’’ In addition, the travelers were not au- The investigation revealed that managers to whether Lake should repay the Buyout thorized to travel on business class for either violated other Travel Regulations as well. bonus. A JMD official concluded that Lake the March or June trip. Lake was inappropriately reimbursed by the was not obligated to pay back the money In sum, we found that Bratt pressured his government for some of the travel expenses based upon a ‘‘good faith’’ exception to the staff to obtain business class travel and ap- associated with weekends that he spent in rule requiring repayment. We determined proved a scheme to lengthen his travel time Frankfurt, Germany, when he was on per- that there is no ‘‘good faith’’ exception to solely for the purpose of obtaining flights sonal travel. In violation of the regulations the requirement that a person who violates that would qualify for business class travel requiring a traveler’s supervisor to authorize the Buyout Program prohibition against per- under the 14-hour rule. We concluded that travel and approve travel expenses, Bratt re- forming personal services must repay the Bratt’s manipulation of flight schedules to peatedly either authorized his own travel or bonus. We also concluded that even if a good qualify for business class travel violated the had subordinates sign his travel requests. faith exception existed in the law it would Travel Regulations and was improper. The Both Bratt and Stromsem routinely had sub- not apply in this case as Lake was aware of government spent at least $13,459.56 more ordinates approve their travel expenses. the prohibition against personal services and than it should have for these four trips. We received an allegation that Stromsem was warned that his return as a consultant We also found that the Justice Manage- took a business trip to Lyons, France, as a might constitute the performance of per- ment Division (JMD), which is responsible pretext that allowed her to visit her daugh- sonal services. for auditing foreign travel vouchers, did not ter who was in Tours, France. Although We also found that JMD permitted Lake to question the use of business class travel by Stromsem did not list a business purpose on work at INS without a contract for several Bratt or the other managers who accom- her travel paperwork for her stop in Lyons, months. In addition, while JMD issued a pur- panied him even when the lack of authoriza- we did not conclude that her trip to Lyons chase order for Lake’s INS work in July 1997, tion was apparent on the face of the travel was pretextual. senior JMD procurement officials later ex- documents that the travelers submitted to We also received an allegation that Bratt’s pressed concerns that the purchase order be reimbursed for their expenses. trips to Moscow in 1997 were for the purpose that had been issued by their office was a In this chapter we also detail a conversa- of furthering his romantic relationship with personal services contract. We also found tion between Bratt and his Executive Assist- a Russian woman. We found that the lack of that hiring Lake as a subcontractor to a ant that led her to believe that Bratt was advance planning for the trips, the fact that third party contractor added unnecessary coaching her how to answer OIG questions. most of his meetings in Moscow were with costs to the contract. Through a series of rhetorical questions that his own staff rather than Russians, and his F. Harris contract falsely suggested that Bratt was not in- romantic relationship with a Russian woman Jo Ann Harris was the Assistant Attorney volved in making decisions regarding his use strongly suggested that the trips to Moscow General for the Criminal Division from No- of business class, Bratt tried to shift to his were not necessary or were unnecessarily ex- vember 1993 until August 1995, when she left Executive Assistant the responsibility for tended for personal rather than government the federal government. Under federal regu- the decisions leading to Bratt’s business reasons. lations, Harris was barred from contracting class travel. Bratt also told her that she E. Lake buyout with the government for one year after her should not report their conversation to any- government service. In December 1996 Harris On March 31, 1997, Lake retired from the one. For some time after that conversation, agreed to become an OPDAT consultant to federal government after receiving $25,000 as Bratt continued to contact her asking organize, moderate, and evaluate three con- part of a government-wide buyout program whether she had been interviewed by the OIG ferences that OPDAT was planning to hold (the Buyout Program) to encourage eligible and what she had said. Despite OIG requests at the International Law Enforcement Acad- federal employees to retire. The following to Bratt that he not discuss the subject of emy (ILEA) in Budapest, Hungary, and to as- day Lake began working for OPDAT as a our interviews with individuals other than sist OPDAT in developing curriculum for consultant. Lake worked as a subcontractor his attorney, we found that Bratt discussed other OPDAT training programs. The OIG to a company that had been awarded a con- topics that were the subject of the investiga- investigated allegations that the award of tract to provide various support services to tion with individuals who would be inter- this contract to Harris violated ethical rules ICITAP. In May 1997 at Bratt’s request, Lake viewed by the OIG. Bratt also called individ- that prohibit contracting with former gov- worked as a consultant to the Immigration uals, such as the two Russian women for ernment officials on a preferential basis. We and Naturalization Service (INS) after Bratt whom he had improperly obtained visas, to found that OPDAT’s award of a contract to was detailed there. alert them that the OIG would be seeking to Harris to develop curriculum for OPDAT pro- The Buyout Program prohibited former interview them. grams and the processes used to develop the federal employees from returning to govern- contract, to determine Harris’ fee, and to D. Failure to follow Travel Regulations ment service as either employees or as con- modify her contract raised the appearance of During the course of the investigation, we tractors working under a ‘‘personal services’’ favoritism. found that ICITAP, OPDAT, and Office of contract for five years after their retire- In September 1996 Harris had discussions Administration managers violated govern- ment. A personal services contract is defined with Criminal Division managers, including ment Travel Regulations with respect to the by federal regulations as ‘‘a contract that, Bratt, about the possibility of her assisting use of frequent flyer benefits. Government by its express terms or as administered, OPDAT as a consultant. In November 1996 regulations state that all frequent flyer makes the contractor personnel appear, in Harris discussed on the phone with Bratt miles accrued on government travel belong effect, [to be] Government employees.’’ Vio- specific projects that she could work on such to the government. Because airlines gen- lation of the prohibition requires repayment as the ILEA conferences and curriculum de- erally do not permit government travelers to of the incentive bonus. velopment. At Bratt’s direction, an OPDAT keep separate accounts for business and per- We found that while at OPDAT and INS official called Harris in early December 1996 sonal travel, travelers may ‘‘commingle’’ after his retirement Lake reported to and and had a similar conversation with Harris miles earned from business and personal was supervised by Bratt, that Lake super- during which she reiterated her interest in travel in one account. However, the Travel vised and gave directions to federal employ- working on OPDAT projects. On December Regulations are explicit that it is the re- ees or other contractors, that he used gov- 12, 1996, Bratt, Harris, and Lake met in Har- sponsibility of the traveler to keep records ernment equipment, and that other staff ris’ former office at the Department of Jus- adequate to verify that any benefits the were often unaware that Lake was not a fed- tice, and Harris agreed to Bratt’s proposal traveler uses for personal travel were ac- eral employee. The evidence showed that that she work as a consultant on OPDAT crued from personal travel. Lake essentially did the same job as an projects. The Statement of Work, a contract We found that between 1989 and 1998 Bratt OPDAT consultant that he had performed document that set out the tasks that OPDAT used 380,000 miles for personal travel. Bratt while a government employee. We concluded was seeking from a consultant, was issued on told the OIG that while he had no records to that Lake worked at OPDAT and the INS January 23, 1997. The tasks included pre- verify how many miles he had accrued from under a personal services contract in viola- paring for the ILEA conferences, acting as his personal travel, he believed that he had tion of the Buyout Program requirements. the conference moderator, and developing collected at least 150,000 miles from personal The evidence showed that Lake planned for curricula for other OPDAT programs. travel as well as miles from the use of a per- several months to return to work for the De- Because no competition was involved in sonal credit card. Even giving Bratt the ben- partment as a consultant. Both Bratt and awarding Harris’ contract, we evaluated the efit of his recollection, we concluded that Lake were warned by officials in JMD and propriety of OPDAT’s award of her contract Bratt improperly used between 156,000 and the Criminal Division Office of Administra- under the rules pertaining to the award of 230,000 miles earned from government travel tion that Lake’s return as a consultant could sole-source contracts. Sole-source contracts, for his personal benefit. constitute a personal services contract. We which do not require the solicitation of com- We found that Hoover also used frequent concluded that Bratt and Lake improperly peting bids, may be awarded when the ex- flyer miles accrued from government travel failed to ensure that Lake’s work met the re- igencies of time or the consultant’s expertise to purchase airline tickets and other benefits quirements of the Buyout Program. justify the waiver of the competitive process. for personal travel for himself and a family After allegations were raised in the media We concluded that OPDAT could have award- member. Stromsem used miles accrued on that Lake had received Buyout money and ed a sole-source contract for her work on the government travel to upgrade her class of then improperly returned to work for the De- ILEA conference given her extensive experi- travel in violation of government rules. partment, Bratt asked JMD for an opinion as ence and the short time frame that existed

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8374 CONGRESSIONAL RECORD — SENATE September 12, 2000 to prepare for the conference. However, we tractor. This practice required the paper- cial that in October or November 1996, concluded that Bratt’s decision to hire Har- work to be backdated or ratified in order for Stromsem asked the official to determine ris to develop curricula for OPDAT projects the consultant to be paid. We also found that how they could get Hogarty health benefits, other than the ILEA conferences created the consultants were hired as federal employees which Hogarty did not have at that time. appearance of favoritism. We also found that and then made decisions affecting their The administrative official said that he and Bratt discussed with Harris what projects former contractor employer in violation of Stromsem agreed to create a ‘‘term’’ posi- she could perform and the Statement of ethical regulations. This practice was tion vacancy for Hogarty, but that instruc- Work was written to fit those projects. We stopped by Mary Ellen Warlow, who became tions came back from Bratt through concluded that the process OPDAT used to the Coordinator for ICITAP and OPDAT in Stromsem to make the position permanent. develop Harris’ contract violated the prin- 1997 after Bratt left for the INS. We concluded that Bratt and Stromsem en- ciple that the task to be accomplished We investigated allegations that ICITAP gaged in preselection in violation of federal should drive the development of a contract managers engaged in favoritism in the hiring regulations governing personnel hiring. rather than the desire to hire a particular of staff. Federal employees are hired after a We investigated other allegations of favor- consultant. competitive process that begins with the itism, including the hiring of a consultant We disproved the allegation that Harris public issuance of a vacancy announcement who was the father of Stromem’s former hus- was paid $65,000 for eight days work. She was that describes the application process and band’s stepchildren. He was subsequently se- paid approximately $27,000 for 42 days work sets forth the responsibilities and other par- lected by Stromsem to become an ICITAP on two ILEA conferences. However, we found ticulars of the position. Managers were al- term employee although his qualifications that Harris’ rate of pay was not the result of leged to have engaged in ‘‘preselection,’’ that for the position were questionable. He was an ‘‘arms length’’ negotiation. Harris told is, they decided whom to hire before begin- ultimately not hired for the term position Bratt, her former subordinate, to set the fee ning the competitive selection process re- because of the intervention of Warlow when and to ‘‘scrub it’’ because she did not want to quired by federal regulations. she became Coordinator. We concluded that read about the fee in the newspaper. She The hiring of Jill Hogarty in particular Stromsem’s involvement with this hire gave agreed to accept $650 per day although her raised complaints. Hogarty was an attorney rise to the appearance of favoritism. contract was later modified to permit her to who worked as a bartender at Lulu’s New Or- The OIG also received numerous allega- be paid based on an hourly rather than a leans Cafe, an establishment located near tions that Bratt gave favored treatment to a daily rate. We were unable to determine the the ICITAP offices which was visited regu- select group of Office of Administration and basis for the $650 per day fee or find any evi- larly by ICITAP Associate Director ICITAP staff and that he dated subordinates. dence that Bratt and Lake used any com- Trincellito and other ICITAP staff. While Although we only conducted a limited inves- parable consultant fee arrangement as the visiting Lulu’s, Trincellito discussed tigation into these allegations, we found basis for setting Harris’ rate. Evidence ICITAP’s work with Hogarty, and eventually that some of the employees who socialized showed that the Department of State, Trincellito invited Hogarty to consider with Bratt received rapid career advance- ICITAP, and OPDAT generally set the fees working as a consultant to ICITAP. Hogarty ment and that Bratt was often involved in for their consultants at a lower rate. We con- gave Trincellito her resume, and Trincellito the promotions. We saw evidence that he dated staff in the Office of Administration cluded that the lack of a clear record setting wrote the paperwork that resulted in her and ICITAP and that in one instance he in- forth the basis for the fee raised the appear- being hired as an ICITAP consultant in Sep- tervened to protect the salary of a subcon- ance that Harris was given preferential tember 1994. According to Hogarty, while she tractor with whom he had a social interest treatment by her former subordinates. was a consultant to ICITAP, she dated Bratt but who have been found unqualified by Of- We also found that OPDAT hired Harris to for several months, from September 1995 to fice of Administration staff for the position perform work outside the scope of the con- December 1995. At that time Bratt had re- she held. We concluded that Bratt’s actions tract, which only authorized services to sumed his position as Executive Officer but gave right to an appearance of favoritism. ICITAP not OPDAT. he retained authority to approve personnel decisions at ICITAP. In November 1995, dur- H. Financial management G. Improper personnel practices ing the time that Hogarty and Bratt were In response to allegations that ICITAP’s fi- The OIG received various allegations relat- dating, Hogarty applied to become a tem- nances were mismanaged, the OIG examined ing to ICITAP’s and OPDAT’s hiring and porary federal employee at ICITAP. She was ICITAP’s financial management system. We management of personnel. The evidence selected by Trincellito for this position in found that until 1997 ICITAP could not ac- showed that ICIPAT and OPDAT managers December 1995. count for its expenditures. ICITAP did not misused contractor personnel. Federal regu- On January 5, 1997, Hogarty’s employment receive sufficient information from its con- lations prohibit contractor personnel from status changed once again, and she became a tractors to permit it to track whether it re- directing federal employees or exercising permanent federal employee. It was this se- ceived the goods and services for which it managerial oversight. Yet, ICITAP and lection that raised the complaint about had paid. This led to significant problems in OPDAT managers did not distinguish be- preselection. The vacancy announcement of 1997 when the State Department, which was tween employees and contractor personnel the position that Hogarty obtained opened funding ICITAP’s programs, asked for de- and often failed to identify personnel work- on November 1, 1996. An ICITAP employee tailed information on how the money for ing for contractors as such. As a result, who held a term position told the OIG that programs in the Newly Independent States ICITAP and OPDAT staff were often con- while the position was still open for applica- had been spent. ICITAP spent several fused about consultant’s roles and the scope tions, he was discussing the announcement months trying to provide an acceptable an- of their authority. for the position with another employee when swer to the State Department’s request and We found that contractor personnel were Hogarty told them it was her position and only succeeded by the use of estimates and used as managers. For example, one of that she had been selected for it. The em- extrapolations from the financial informa- ICITAP’s Deputy Directors was a subcon- ployee told the OIG that even though he was tion ICITAP did collect. Although the OIG tractor employed by a contractor that pro- interested in the position himself, he did not had advised ICITAP in its 1994 report fol- vided a variety of services to ICITAP. After apply for it because he believed Hogarty’s lowing an earlier investigation into ICITAP Director Stromsem was advised by statement that she had already been se- ICITAP’s financial management system that an administrative official that there were lected. ICITAP needed to collect more detailed in- limits to the authority of personnel em- To investigate the allegation of formation from its contractors, the problem ployed by contractors, Stromsem cautioned preselection, we attempted to determine was not remedied until after the State De- the Deputy Director about the limitations. which manager had selected Hogarty for the partment requested detailed financial infor- However, Stromsem did not notify other position and the reason for the selection. mation in 1997. staff about the Deputy Director’s status as a The paperwork listed Stromsem as the offi- We found that ICITAP did not pay suffi- subcontractor, and he remained in the posi- cial requesting the recruitment. The paper- cient attention to the services its contrac- tion of Deputy Director until he became a work did not show who had made the selec- tors provided and left itself vulnerable to federal employee six months later. tion, however. All of ICITAP’s top man- overcharges. In one instance, a contractor We found other problems with the use of agers—Director Stromsem, Associate Direc- notified ICITAP that it was unilaterally contractor personnel including ICITAP’s se- tor Trincellito (who was also Hogarty’s di- raising one of its fees, an action not per- lection of particular consultants to be hired rect supervisor), the ICITAP Deputy Direc- mitted by the contract. Despite this notice, by its service contractors. This left ICITAP tors, and Special Assistant to the Director ICITAP did nothing for two years until a vulnerable to claims that it was violating Hoover—denied having selected Hogarty for JMD contracting officer noticed the over- the rules restricting personal services con- the permanent position. Bratt also denied se- charge. Subsequent negotiations with the tracts. The practice of directing the hiring of lecting Hogarty. contractor resulted in reimbursement to consultants wasted money because ICITAP We found strong evidence that Bratt and ICITAP of some of the money. was performing the administrative work as- Stromsem preselected Hogarty. An e-mail Office of Administration managers hired sociated with hiring consultants at the same from Bratt on October 8, 1996, showed that staff for the Criminal Division by using con- time that it was paying its service contrac- Bratt authorized hiring Hogarty before the tractor personnel for jobs that were outside tors administrative fees. In addition, con- vacancy announcement that opened the posi- the scope of the contract under which they sultants often began work before the State- tion for competition was issued. We also worked. In 1991 the Criminal Division award- ment of Work was issued to the prime con- learned from an ICITAP administrative offi- ed a contract to provide computer support

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8375 services and in 1996 the Criminal Division We found that Bratt directed that Criminal cipline. We also recommended that the De- awarded the same contractor a second con- Division excess computers be sent to a partment recover the costs of Hoover’s im- tract for computer support services. The con- school associated with a girlfriend, and Dep- proper use of business class travel and fre- tractor provided employees to work in uty Executive Officer Sandra Bright initi- quent flyer miles. Criminal Division’s correspondence units ated and pursued the donation of computers We concluded that Trincellito’s repeated performing tasks such as reading and re- to a school associated with her husband. In failure to observe fundamental security sponding to correspondence. This work was 1996 Bratt directed that 35 computers be sent practices and his continued resistance to the outside the scope of the first contract, which to an elementary school in Virginia where advice and warnings of ICITAP’s security of- only authorized computer support services. his then girlfriend was employed as a teach- ficers warrants the imposition of discipline. The contractor also provided employees who er. On one occasion in 1996 Bright directed We also recommended that SEPS and other worked as writers, planned conferences, pub- that 25 computers be sent to the school dis- agencies responsible for issuing security lished reports, and organized parties. The trict in Virginia where her husband was em- clearances carefully consider the findings services of these personnel were outside the ployed as a principal and on another occa- and conclusions set forth in this report be- scope of both contracts. sion in 1996 Bright directed that 30 com- fore issuing a security clearance to the indi- We also found that Criminal Division man- puters be sent to the school at which her viduals most involved in the security agers failed to adequately supervise the con- husband was employed. We concluded that breaches. In addition, we made non-discipli- tract and the contractor charged the govern- Bratt’s and Bright’s actions created the ap- nary recommendations with respect to two ment for the services of personnel who were pearance of favoritism. other individuals. unqualified under the terms of the contract. We did not substantiate an allegation that During the course of the investigation, we The contract set out very specific labor cat- Robert Lockwood was awarded an OPDAT observed various systemic issues, and we egories, such as Senior Programmer Analyst, grant because of his alleged association with suggested improvements for the Department and set forth the tasks to be accomplished Attorney General Janet Reno. The Amer- to consider relating to oversight of ICITAP and the qualifications for each labor cat- ican-Israeli Russian Committee that and OPDAT, security, investigative follow- egory. We found problems with 25 of 56 of the Lockwood directed received a $17,000 grant up, travel, training, performance evalua- contractor’s personnel under the first con- from OPDAT in 1997. At the time, Lockwood tions, and early retirement programs. For tract and problems with 19 of 54 of the con- was the Clerk of Courts of Broward County, example, we recommended that the Depart- tractor’s personnel under the second con- Florida, and was acquainted with the Attor- ment monitor ICITAP’s compliance with se- tract. We concluded that the minimum the ney General, although not closely so. We de- curity regulations by continuing to perform contractor overcharged the government was termined that the Attorney General received periodic unannounced security reviews. $1,164,702.01. The OIG received an allegation that a phone call from Lockwood in 1997 but that Because many of the travel violations that ICITAP had spent substantial sums of money they only discussed Lockwood’s organization we found were apparent on the face of the on an automated management information and its mission; he did not seek any funding travel forms, we recommended that the De- system (IMIS) that did not function prop- from her. Lockwood became involved with partment review the process JMD uses to erly. Our investigation showed that the de- OPDAT through the OPDAT Resident Legal audit travel vouchers. We believe the De- velopment of IMIS was difficult, that users Advisor in Moscow. We did not find evidence partment should offer increased training on were unhappy with the product, and that a that the Attorney General encouraged any- travel regulations to employees and secre- system designed to replace IMIS could not be one to award a grant to Lockwood’s Com- tarial or clerical staff who process travel-re- completed by the contractor. We concluded mittee or that she knew that an award had lated paperwork. And we offered suggestions that managers did not adequately analyze been made. We also did not find any evidence designed to increase Department employees’ ICITAP’s needs in the initial stages of devel- that the Attorney General or anyone from use of frequent flyer miles for government opment, and consequently IMIS was con- her office took any action after Lockwood’s travel and to decrease the incidents of im- stantly being upgraded and modified leading grant was not renewed the following year. proper use. to new problems. Also, the decision to use The remainder of the chapter discusses al- We recommended that increased attention floppy disks to transfer information from the legations that we failed to substantiate con- be given to the recommendations and lessons field to headquarters rather than develop a cerning personnel issues, financial matters, learned from investigations. We found that network capacity that could be utilized by allegations of retaliation, and other issues. despite numerous investigations of ICITAP, all users led to significant problems, such as III. RECOMMENDATIONS AND CONCLUSIONS the same problems continued to surface and that the data from floppy disks was often In this chapter of the report, we offer a se- that managers failed to act on investigative out of date or could not be accessed once it ries of recommendations to the Department, recommendations. Management must take was received at headquarters. IMIS and the including that certain employees receive dis- increased responsibility for ensuring that attempt to develop the replacement system cipline and that the Department seek com- the results of investigations are appro- ultimately cost more than one million dol- pensation from employees who improperly priately considered and addressed. lars. We did not investigate to determine received money or benefits from the Depart- how much money might have been saved had ment. We also made nine recommendations f IMIS been better planned. concerning systemic improvements in the ICITAP’s lack of planning also led to a areas of travel, ethics, and training. substantial cost overrun of the translation Bratt retired from the Department effec- TO AUTHORIZE EXTENSION OF budget for the first ILEA conference. A hy- tive August 1, 2000, and is not subject to dis- NONDISCRIMINATORY TREAT- pothetical transnational crime and the stat- cipline. We recommended that the Depart- MENT TO THE PEOPLE’S REPUB- utes of various countries were translated for ment recover the costs of his improper use of LIC OF CHINA—Continued the conference. The budget for translations business class travel and his improper use of AMENDMENT NO. 4125 was $16,000; the ultimate cost was $128,258. frequent flyer miles. Lake delegated much of the responsibility Lake is also not employed by the Depart- The PRESIDING OFFICER. The Sen- for coordinating the ILEA conference to his ment any longer and is not subject to dis- ator from North Carolina. assistant, who worked for a contractor. cipline. We recommended that the Depart- Mr. HELMS. Mr. President, may I Lake’s assistant ordered large amounts of ment recover the $25,000 Buyout bonus and ask the situation on the time limita- material to be translated on an expedited the cost of travel expenses that Lake im- tion on this amendment? basis without adequately determining the properly charged the government, including The PRESIDING OFFICER. There is costs associated with the November 1996 trip cost of the translations. The assistant failed no time limitation. to research whether some of the material to Moscow. was already translated and ordered some of We found that Stromsem violated security Mr. HELMS. Mr. President, around the material on a costly expedited basis regulations, improperly used frequent flyer this place I have learned, in 28 years, when it was unnecessary to do so. We con- miles accrued on government travel for per- that you are fortunate in many in- cluded that Lake delegated responsibility to sonal benefit, and was involved in the stances to be able to work with people someone who was not qualified to manage preselection of Hogarty in violation of per- with whom you have not earlier the task and then failed to adequately super- sonnel regulations. We concluded that worked, and you learn of their interest vise her. Stromsem’s conduct warrants the imposition and their dedication. Such is the case We examined whether ICITAP could ac- of discipline. We also recommended that the count for the goods it ordered for use in Department recover the costs of Stromsem’s with the distinguished Senator from Haiti by selecting 131 expensive items to improper use of frequent flyer miles. Minnesota, Mr. WELLSTONE, with whom track. The investigation showed that the We found that Hoover violated security I have worked in the preparation of contractor responsible for providing goods regulations by disclosing classified informa- this amendment. He is a principal co- and services to ICITAP in Haiti had in place tion to uncleared parties and by removing sponsor of it. an effective inventory control system and classified documents to his home. We also The pending amendment, simply that ICITAP could account for all but one of found that he improperly traveled on busi- said, directs the President to certify the selected items. ness class on a flight to Moscow in January I. Miscellaneous allegations 1997 and that he improperly used frequent that China has met a series of human In this chapter we summarize the results flyer miles accrued on government travel for rights conditions prior to granting of our investigation of additional allega- his personal benefit. We concluded that Hoo- PNTR to Communist China. The condi- tions, most of which we did not substantiate. ver’s conduct warrants the imposition of dis- tions set forth in this amendment are

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8376 CONGRESSIONAL RECORD — SENATE September 12, 2000 straightforward. The President would Note two key words in that passage, Tibetan nuns in India. She testified be- be required to certify formally and offi- ‘‘deteriorated’’ and ‘‘intensified,’’ be- fore the Foreign Relations Committee cially that China has, among other cause these words describe a trend, a that if a nun peacefully demonstrates items: trend for the worse as reported by the saying, for example, ‘‘Free Tibet,’’ she No. 1, dismantled its system of reedu- U.S. State Department. That is not is immediately arrested and taken into cation through labor; JESSE HELMS talking. That is the State custody for saying, ‘‘Free Tibet.’’ No. 2, has opened up all areas of Department’s official report to this Basing her testimony on accounts by China for U.N. human rights agencies; Senate. victims of China’s cruelty, Dr. Napper No. 3, has accounted for and released I doubt that even the most enthusi- added: political and religious prisoners; and, astic supporter of Communist China’s The beatings start in the vehicle on the No. 4, has provided human rights admission to the WTO will claim that way to the police station and continue groups with unhindered access to reli- China’s human rights record is good. I through an interrogation that can take place gious leaders. over several days. Various instruments of don’t know how they could do it, but torture are routinely used, such as electric So what this amendment really does some will do it. But year after year, we cattle prods inserted in the orifices of the is to remind Communist China, and all have become accustomed to hearing body and electric shocks that knock a person the rest of the world, that we Ameri- that China’s human rights record is across the room. cans stand for something—something improving, don’t you see. The trouble These victims, mind you, are nuns. other than for profits, for example. In is, the State Department’s own report, They are defenseless women. this case, what this amendment makes as I have indicated, emphasizes over The Chinese Government refuses clear is that we believe China should and over again that this simply is not even to talk with the Dalai Lama. Why not be welcomed into international or- true and never has been true. should they? Nobody in the U.S. Gov- ganizations such as the WTO just so Consider, if you will, this passage ernment ever does anything tangible to long as the Chinese Government con- from the U.S. State Department, repro- help the Dalai Lama. Some of us who tinues to repress, to jail, to murder, to duced on this chart: know him and are his friends do our torture, its own citizens for their hav- Abuses by Chinese authorities included in- best to help him. I have taken him to ing opposed the Beijing dictatorship. stances of extrajudicial killings, torture and North Carolina to meet with a group It seems to me, to fail to take this mistreatment of prisoners, forced confes- there, specifically to Wingate Univer- stand would be a double whammy sions, arbitrary arrest and detention, sity. It was announced he was coming, against even the possibility of freedom lengthy incommunicado detentions, and de- and there was standing room only on nial of due process. for the people of China. First, the Sen- the campus of that university. People ate will be sending a signal to Beijing That is in the U.S. State Depart- came from everywhere just to see him. that the Government of the United ment’s annual report, delivered to the They did not have a chance to meet States will turn a blind eye to Com- Senate Foreign Relations Committee him; they just had a chance to see him. munist China’s grave abuses against of which I am chairman. Permanent normal trade relations humanity if this amendment is not ap- What is that report, when you get with China is not merely a routine for- proved, if only China will just let U.S. down to the nitty-gritty? The official eign policy matter. As chairman of the businesses make a profit in dealing report of our State Department, which Foreign Relations Committee, I have with China. advocates giving away the store to never viewed it as such. The future di- Second, it will send a message to Communist China, is telling the truth rection of Chinese foreign policy will those miserable souls who languish in on one hand and asks to reward China depend upon whether the rulers of China’s gulags that the United States on the other. China agree to democratize its Govern- is willing to ignore their misery just so Are we to dismiss China’s vicious ment and begin to treat its own citi- some in America can profit from it. If crackdown on the Falun Gong move- zens with some respect, which they are we do not send the signal that this ment? The bloody numbers are stag- not doing now. amendment proposes to send, that will gering: More than 35,000 people de- It will be a tragic mistake to pass happen. tained, more than 5,000 people sen- this legislation now precisely at the I realize the WTO is not, itself, a par- tenced without trial, and more than 300 time the Chinese Government has suc- agon of virtue, let alone a democracy, put on makeshift trials and sentenced ceeded in almost emasculating all op- given the membership already held by to prison terms of up to 18 years. position to its tyrannical rule. thuggish regimes such as Cuba and I have some photographs I want the Without requiring some kind of im- Burma and a host of African dictator- Chair to see. The first one is how the provement in China’s terrible human ships. But that does not justify further Chinese Government treats its own rights situation before bringing China sullying the WTO by adding Com- people whose worst offense has been into the WTO and granting China per- munist China to its membership. Rath- their daring to meditate in public, to manent normal trade relations will be er, it is a reminder of the absurd notion sit alone and think. welcoming China into the club of sup- that this so-called rules-based WTO At least 37 of these people died of posedly civilized nations. It seems to will somehow help transform China mistreatment while they were in cus- me this would throw away the most ef- into a democracy. tody. According to human rights fective leverage we could ever have As does Cuba and Burma, the Chinese groups, one Falun Gong practitioner with China and would deal a terribly Government continues to have one of who had been confined in a psychiatric severe blow to the millions of Chinese the worst human rights records in the hospital by the Chinese Government people who oppose their regime and are world, despite two decades, 20 years of died of heart failure 2 weeks after being totally incapable by circumstances of having received so-called most-favored- forcibly injected with nerve agents. doing anything to improve it. nation status from the U.S. Govern- Another died after being force-fed by Question, Mr. President: Would that ment. The findings in the pending authorities. These reports are reminis- not be profoundly immoral on the part amendment, mostly verbatim quotes cent of those worst days long ago in of the Senate in consideration of this from the U.S. State Department’s own the Soviet Union and in Germany measure? I know the words have been annual reports, provide a sketch of the under Adolf Hitler. passed: Don’t let any amendment be disgraceful conduct, the disgraceful But there is more. The merciless ex- adopted; don’t let any amendment be situation in China. For example, this is tinction of Tibet continues. In this approved; don’t let anything happen to a quote from the U.S. State Depart- past year, China has perpetuated its so- derail or to delay the enactment of this ment’s 1999 human rights report shown called reeducation campaign aimed, in piece of legislation. on this chart. The chart shows: fact, at destroying Tibetan culture, The answer is, yes, it would be im- border patrols have been tightened, and moral; it is going to be immoral. I do The Government of the People’s Republic of China’s poor human rights record deterio- the arrests of Tibetans have increased not hold my distinguished colleagues rated markedly throughout the year, as the greatly. accountable on this, but I think it is a Government intensified efforts to suppress There is a fine lady named Dr. Eliza- strategic mistake on their part, a mis- dissent. beth Napper who works with escaped take of historic proportions, that the

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8377 American people will one of these days I have always been intensely inter- cerns about whether or not we have a profoundly regret the move the Senate ested in human rights questions, relationship with a country that has is about to take. whether it is as to China or whether it broken the 1992 and 1994 agreements Mr. President, this unanimous con- is as to any other country. I am sorry where they said they would not export sent request has been approved on both to say on the floor of the Senate that products to our country made by pris- sides. I therefore ask unanimous con- there are some 70 governments in the on labor in the so-called reeducation sent that prior to a vote on or in rela- world today that are engaged in the labor camps, trumped our concerns tion to the Helms amendment No. 4125, systematic torture of their citizens. about all of the women and men who there be 90 minutes of debate on the I think it is important for the Sen- were imprisoned because of the prac- amendment, with 60 minutes for the ate, I think it is important for our tice of their religion or because they proponents and 30 minutes for the op- Government, I think it is important for spoke out for democracy, trumped our ponents, with no second-degree amend- the American people, to speak up about concerns about women and men who ment in order, and that the vote occur these kinds of basic violations of peo- tried to improve their working condi- by 3:30 p.m. or at a time to be deter- ple’s human rights. tions and found themselves serving 3 mined by the two leaders. I further ask I say it for two reasons. First of all, years, 8 years, 14 years, 15 years, unanimous consent that the time con- I come from a family where my father trumped our concerns about a country sumed thus far on the amendment be was born in the Ukraine; then lived in that has more prison labor camps—it is deducted from the above limitation. the Far East; then lived in China be- like the equivalent of the gulags in The PRESIDING OFFICER. Without fore coming to the United States of Russia, in the former Soviet Union. objection, it is so ordered. America at age 17 in 1914, 3 years be- And we do not want to speak out on Mr. HELMS. I thank the Chair. I fore the revolution in Russia. He this? yield the floor. thought he could go back, and then the We don’t want to at least say: wait a The PRESIDING OFFICER. The Sen- Bolsheviks took over. His parents told minute, we reserve our right, when it ator from Minnesota. him: Don’t go back. And all his family, comes to normal trade relations, to in- Mr. WELLSTONE. Mr. President, I from all I can gather, were probably sist that you live up to just basic see other colleagues on the floor. I murdered by Stalin. All contact was standards of decency? We reserve our shall not take up all of our time. I am broken off. No longer did my father re- right to speak up for human rights. We certainly interested in what the Sen- ceive any letters from his family. He reserve our right to speak up for reli- ator from Wyoming and the Senator never saw them again. gious freedom. We reserve our right to from New York have to say in this de- I say to my colleague from North speak up against products that are ex- bate. Carolina—I am getting a little personal ported to our country made by prison First, I thank my colleague, Senator before getting into the arguments—at labor. We reserve our right to speak up HELMS from North Carolina, for offer- the end of my dad’s life we were trying for the right of people in China—and ing this amendment. Also, there are to take care of him so we would go over people all over the world—to bargain probably not too many times I can re- and spend the night with him. He had collectively to try to improve their member over my 91⁄2 years in the Sen- lived in this country for, oh, almost 70 standard of living. We do not want to ate that I have been a cosponsor of a years. He spoke fluent English. I don’t consider any of that? We do not con- Helms amendment, but I am very know that I detected even any accent. sider any of that? proud to support this amendment and But it was amazing; all of his dreams— I think we diminish ourselves, I say to speak, debate, and advocate with they were nightmares; there was shout- to Senator HELMS, when we do not sup- him on this question. ing and screaming—were in Russian. port the kind of amendment the Sen- I say to my colleague from North None of it was in English. He lived in ator has brought to the floor. I say to Carolina and other Senators as well, I this country all of those years; I only my colleagues, I hope there will be want to guard against appearing to be heard him speak English—talk about strong support for this amendment. self-righteous about this, but I feel the child being father of man or moth- I have heard a number of Senators— strongly about the question before us. I er of woman—and I think that is what all of whom I like, all of whom I like a feel strongly about this amendment happens when you are separated from lot—who have said, first of all: We can- which says that China ought to abide your family at such a young age; your not isolate ourselves. by basic human rights standards. We family is probably murdered. You We are not isolating ourselves. All we ought to insist on that before we auto- never can go back to see them. You can are saying is, don’t we want to at least matically extend normal trade rela- never see your family again. keep our leverage, so that we continue tions with China, before we give up our I believe strongly in human rights. I to have what little leverage we have to right to annually review normal trade thank the Senator from North Carolina annually review our trade relations to relations with China. for his leadership on this question. make sure China lives up to the trade Before I speak in giving this some Then I had a chance to meet Wei agreements, lives up to the human context and talking about why, let me, Jingsheng. I say to my colleague, you rights standards? one more time—I have heard some dis- know Wei very well. Here is a man who Then the other argument is: We have cussion on the floor and also seen in spent, I think, about 17 years in prison, had all this trade with China, and it is the press discussion about this de- several years in solitary confinement. so important, that, actually, when you bate—try to correct the record. What was the crime that he com- automatically have trade relations No one is arguing that we should now mitted? The crime he committed was with China, you promote human rights. have an embargo on trade with China. to continue to write and speak out for I have heard that said at least 10, 15 Nobody is arguing for a boycott. No- democracy and freedom in his country. times. But I say to Senators, where is body is saying that we should not have That was the crime he committed. your evidence? trade with China. We do; we will. It is I say to my colleagues that I really I will tell you, if you look at the a record trade deficit, as a matter of believe the rush for the money and the State Department reports of this year fact. That is not the issue. Nobody is focus on the money to be made by our and last year, they talk about an abso- arguing that we should have no eco- trade policy with China within the new lutely brutal atmosphere in China. nomic ties with China at all. We do; we global economics that we talk about— Your evidence certainly is not our own will. this kind of rush for money, this focus State Department report about human The question is whether or not we on commercial ties on the money to be rights. Is your evidence the commis- give up our annual right to review made has trumped our concerns about sion that we appointed, the Commis- trade relations with China, which is human rights, trumped our concerns, sion on International Religious Free- what little leverage we have as a na- whether it is a Buddhist or a Christian dom, chaired by Rabbi Saperstein? tion, as a country, to speak up about or a Jew, you name it—it makes no dif- They said, on the basis of their careful the violations of human rights, to ference—about whether people can examination, we should not automati- speak up for religious freedom in even practice their religion without cally renew trade relations with China China. That is the question before us. winding up in prison, trumped our con- because of the brutality, the denial to

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8378 CONGRESSIONAL RECORD — SENATE September 12, 2000 people of their right to practice their doling out huge prison sentences to of the commission in Paris that put it religion. any man or woman who should dare to together. A very major matter in the I say to Senators, where is your evi- form their own political party. mind of President Wilson as he cam- dence that we have had this trade with I would think if there was any exam- paigned for the treaty, he talked about China and it has led to more freedom ple that would resonate with every sin- the ILO as much as any other thing. and less violation of human rights? gle Senator here, regardless of party, it The first international labor con- Where is your evidence for that? You would be this. ference met here in Washington, just do not have any evidence. I have not My colleague from North Carolina al- down Constitution Avenue at the build- heard one Senator come out here with ready talked about Ms. Kadeer’s case. I ing of the Organization of American any evidence. will not go over that. States. It was a dramatic time. My evidence, on behalf of this amend- I will just say to Senators, I hope President Wilson had been struck ment, is that according to the State that on this amendment we will get down by a stroke. The Congress, the Department—this is last year’s re- your support. With all due respect, I Senate was tied up with the question of port— hope that you do not make the fol- ratifying the treaty. But the treaty The Government’s poor human rights lowing argument because I don’t think provided that this meeting should take record deteriorated markedly throughout it works. I hope you do not make the place in Washington, and it did. It did the year, as the Government intensified ef- argument: No, I am going to turn my so with great success. International forts to suppress dissent, particularly orga- gaze away from all of these human labor standards were set forth, and nized dissent. Abuses included instances of rights abuses. I am going to turn my China was one of the nations present at extrajudicial killings, torture, mistreatment gaze away from supporting religious the international labor conference. The of prisoners, and denial of due process. freedom. I am going to turn my gaze person who provided most of the facili- That is the evidence. away from this record of brutality. I ties for it was the young Assistant Sec- Hundreds of thousands of people lan- am going to turn my gaze away from retary of the Navy, a man named guish in jails and prison camps merely the extrajudicial killings and torture. I Franklin D. Roosevelt, who later be- because, I say to my colleague from am going to turn my gaze away from came involved. One of the first things North Carolina, they dare to practice human rights because if an amendment he did when he became President was their Christian, Buddhist, or Islamic passes, this will go to conference com- move to join the ILO. faith. Respected international human mittee. Now, over the years the United rights organizations have documented We have conference committees all States has been an active member of hundreds of thousands of cases—hun- the time. That is the way we operate. the ILO. We had the Secretary General dreds of thousands of cases—of arbi- That is our legislative process. We have at one point, Mr. Morris, a former trary imprisonment, torture, house ar- a conference committee and then it re- Under Secretary of Labor. rest, or death at the hands of the Gov- ports back. We have not ratified many conven- ernment. With all the support for this overall tions. I have come to the floor at least That is the record. I welcome any bill, the conference committee would four times in the last 24 years and Senator to come out here and present meet, the bill would come back, and moved a convention. Once it was done other evidence to the contrary. then we would have a vote. But to say by our revered Claiborne Pell, who In recent months, we have wit- to people in our States, we couldn’t then turned the matter over to me. We nessed—and I heard my colleague from vote for what was right, we couldn’t think of there being eight core conven- North Carolina talk about this—a bru- vote for this amendment which was all tions. The simple fact is that the tal crackdown against the Falun Gong, about human rights, which is what our United States has only ratified one of a harmless Buddhist sect. According to country is about, because, you see, it them, in a membership that goes back international news media reports, at might go to conference committee and to 1934. least 50,000 Falun Gong practitioners we have to have a bill with the exact However, it is not necessarily the have been arrested and detained, more same language between the House and case that if you have ratified a lot of than 5,000 have been sentenced to labor the Senate, people will look at you and conventions, you are very much in camps without trial, and over 500 have say: Senator, just vote for what is compliance with the principles there received prison sentences in show right. involved. I once suggested, not entirely trials. Detainees are often tortured, I say to my colleagues, vote for what facetiously, that there was an inverse and at least 33 practitioners of this re- is right. Vote for this amendment. relationship between the number of ligion have died in Government cus- The PRESIDING OFFICER. The Sen- ILO labor conventions that had been tody. Senators, we are silent about ator from North Carolina. signed by a country and the actual con- this. Mr. HELMS. Mr. President, noting dition of labor relations in that coun- Chinese courts recently sentenced the presence of the distinguished man- try. But no matter. three leading members of the Chinese agers of the bill, I ask for the yeas and In 1998, at the 86th session of the Democracy Party, an open opposition nays on the amendment. International Labor Organization, the party. That is what we believe in. We The PRESIDING OFFICER. Is there a oldest international organization in believe in our country people should sufficient second? There appears to be the world of this nature—the postal have the right to join parties. They a sufficient second. union is the oldest—adopted an ILO should have a right to speak out. They The yeas and nays were ordered. declaration on fundamental principles should have the right to run for office, Mr. HELMS. I thank the Chair. and rights at work and its followup. I and they certainly should not wind up The PRESIDING OFFICER. The Sen- will read this provision: in prison. Three leading members of ator from New York. The international labor conference the Chinese Democracy Party, an open Mr. MOYNIHAN. Mr. President, I rise declares that all members, even if they opposition party, were sentenced to to speak briefly to the important have not ratified the conventions in terms of 11, 12, and 13 years. Their issues my friend, the Senator from question, have an obligation, arising crime was ‘‘for conspiring to subvert North Carolina, has raised and to sug- from the very fact of membership in state power.’’ gest that we have the necessary inter- the organization, to respect, to pro- Charges against these three political national agreements already in place mote, and to realize, in good faith and activists included helping to organize to address the more fundamental issues in accordance with the Constitution, the party, receiving funds from abroad, with which he is concerned, as is my the principles concerning the funda- promoting independent trade unions, friend from Minnesota. mental rights which are the subject of using e-mail to distribute materials It happens I have spent a fair amount those conventions; namely:(a), freedom abroad, and giving interviews to for- of my early years as a student of the of association and the effective rec- eign reporters. That is their crime. International Labor Organization ognition of the right of collective bar- They have been tried in closed trials which was created as part of the gaining;(b) the elimination of all forms with no procedural safeguards. The Versailles Peace Treaty of 1918. Samuel of forced or compulsory labor;(c) the Government has crushed the party by Gompers of the AFL–CIO was chairman effective abolition of child labor; and

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8379 (d) the elimination of discrimination in oners, it did not in anyway [sic] change or longer are we supposed to wait for the respect of employment and occupation. end the Chinese government’s abuse of Chinese Government to live up to this? These are international obligations. human rights. This has been a pretty long time now. They obligate the People’s Republic of Nevertheless, China’s views on human My colleague raises a very fair ques- rights have been changing ever so slowly in tion. Why is this amendment nec- China, and they obligate the United the post Mao Zedong era primarily because States. The provision for bringing the of China’s move to the market and participa- essary? Given this declaration of prin- issues to the International Labor Con- tion in the international community. During ciples, and given the establishment of ference which meets every year in June the Mao era (1949–1976) when China was iso- the ILO, my point is: (a) no enforce- in Geneva are well established. lated from the rest of the world, China’s gov- ment power; (b) we have seen no evi- I find it very curious, almost at ernment did not care about human rights dence that the Chinese Government times sinister, that just at the point and international pressure. But as China has lived up to it. the ILO has said these are the world’s opened up to the outside world politically as I quote from our own State Depart- standards, international standards, well as economically during the Deng ment’s human rights report of the past Xiaoping period (1978–1997) and during that of year which confirms the Chinese Gov- binding legal commitments, and here his successor Jiang Zemin (1989– ), China we are to do something with them, sud- began to care about how it was viewed. It ernment has been persecuting and in- denly people are saying, no, these mat- wants to be considered a respected, respon- carcerating labor activists. According ters should be dealt with in the World sible member of the world community. . . . to our State Department: Trade Organization, which can’t deal Human rights abuses continue and in fact, Independent trade unions are illegal. Fol- with them. increased in 1999, but compared with the Mao lowing the signing of the International Cov- It is interesting that the WTO now era when millions were imprisoned and si- enant on Economic, Social and Culture Rights in 1997, a number of labor activists occupies the original buildings on Lake lenced, the numbers in the post-Mao era are in the thousands. petitioned the Government, the Chinese Gov- Leman in Geneva of the ILO. But why That was from Professor Merle Gold- ernment to establish free trade unions as al- not stay with the ILO and work with lowed under the covenant. The Government this history and hold China to its com- man. has not approved the establishment of any mitment as China can hold us? It is I say in conclusion of these small re- independent unions to date. something we have believed in and marks that the head of the Chinese The State Department then goes on. worked with from 1918 on. Government, Jiang Zemin, last week My colleague says: Why is this needed? The issue of trade and its effect on was in New York City talking to a I will take a couple of minutes to list the internal behavior of government is luncheon of business executives. That what has happened to a number of an elusive one. But, if I may say, I was is a world that would have been incon- these different citizen activists. This is in China during the regime of Mao ceivable when I visited George Bush in directly from our State Department re- Zedong. I stood there in Tiananmen Peking, as it then was in 1975. A quar- port. Square and looked up at these two ter century has gone by, and there is The Senator from New York is the enormous flagpoles. On one pole were the President of China in a blue suit intellectual force of the Senate. He two 19th century German gentlemen, and a white shirt with the correct tie makes the point that the harsh repres- Mr. Marx and Mr. Engels. What they at the Waldorf Astoria or somewhere sion during Mao’s years has improved. were doing in the center of the Middle talking to a luncheon of businessmen I have no doubt that the situation has Kingdom, I don’t know. Over on the interested in trade and development improved. But I would just have to say, next pole was the rather Mongol-look- and such matters. That is another look, go to our State Department re- ing Stalin, and Mao. world. Let’s not put that in jeopardy port. I can only go from the empirical That is gone. by losing this extraordinary important evidence over the last number of years At one of the entrances to the For- trading agreement. and looking at our own Commission on bidden City there is a sort of smallish Mr. President, I yield the floor. I International Freedom and their rec- portrait of Mao. That is all. That world thank the Chair. ommendations. They did a very careful is behind us. The world is looking for- The PRESIDING OFFICER. The Sen- study. We commissioned them to do ward from the 1960s. ator from Minnesota. the study of what the situation is on The Cultural Revolution, which Mao Mr. WELLSTONE. Mr. President, religious freedom. It is a picture of re- declared because there had always been how much time do we have left? pression. It is not a picture of the ILO revolutions, may have resulted—I don’t The PRESIDING OFFICER. The pro- having enforcement power making any 1 think anybody knows, and I don’t ponents have 29 ⁄2 minutes. difference. It is not a picture of a coun- think we will ever know—in somewhere Mr. WELLSTONE. I will take a cou- try that has a respect for human between 20 million and 40 million per- ple of minutes to respond. rights. It is not a picture of a country sons murdered, starved, dead. It is be- The PRESIDING OFFICER. The Sen- respecting people who practice their yond our reach of our imagination. It ator from Minnesota. religion. happened. That doesn’t happen any- Mr. WELLSTONE. First of all, let me From our own State Department re- more. Do disagreeable things happen? say to the Senator from New York that port: Two labor activists were sen- Do illegal things happen? Do bad there is a bit of irony in his remarks tenced in January to reeducation things happen? Yes. But a certain sense because I had intended in this debate through labor—and the Chinese Gov- of proportion, I thought, that was very to also quote the Declaration of Funda- ernment insists their reeducation much in evidence in testimony that mental Principles and Rights of the through labor camps are not prisons. our revered chairman will perhaps re- ILO which states: They give no human rights organiza- call, I am sure he will. All members, even if they have not ratified tions any access. They say they are not Before the Finance Committee on the convention in question, have an obliga- prisons. Where have we heard this be- March 23 of this year, Professor Merle tion arising from the very fact of member- fore on reeducation through labor—for Goldman, who is at the Fairbank Cen- ship in the International Labor Organization to respect, promote, and to realize in good 18 months and 12 months, respectively. ter at Harvard University—a name for faith, in accordance with the ILO Constitu- The two were arrested in 1998 after a great Chinese scholar and very fine tion, the principles concerning the funda- leading steelworkers in a protest be- group of people—said: mental rights which are the subject of those cause they had not been paid wages. . . . the linkage of economic sanctions to conventions; namely freedom of association Another example: In January, the human rights is counter-productive. As and effective recognition of the right to col- founder of a short-lived association to Wang Juntao [a Tiananmen Square coordi- lective bargaining. protect the rights and interests of laid nator who was sentenced to 13 years of pris- I could not agree more with my col- off workers unsuccessfully appealed a on] says, it arouses the antagonism of ordi- league from New York. It is very rel- 10-year prison sentence he received. He nary Chinese people toward the U.S. and evant language. had been convicted of ‘‘illegally pro- fuels increasing nationalism in China, which ultimately hurts the cause of human rights Here is the problem: the ILO has no viding intelligence to foreign organiza- in China. Even when the threat of economic enforcement problem. tions,’’ after informing a Radio Free sanctions in the past led to China’s release of Here is the problem: China has be- Asia reporter about worker protests in a small number of famous political pris- longed to the ILO since 1918. How much the Hunan province.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8380 CONGRESSIONAL RECORD — SENATE September 12, 2000 I could go on and on. In August, in tention on our own Customs Service, impact of foreign corporations on our own State Department report, an- the law is ours to be enforced. human rights conditions and democra- other activist was sentenced to 10 Mr. WELLSTONE. The Senator is tization in China for over a decade, years for subversion. They were ar- right, but the irony is that by this law said in testimony before the Finance rested in January after establishing the Chinese shouldn’t be exporting and Committee, ‘‘When Chinese workers the China Workers Watch, an organiza- we shouldn’t be importing. The prob- learn the lessons of the free market tion to defend workers rights. The fam- lem is, because of the good work of they are also learning an important ily of one of these activist alleges that Senator LAUTENBERG and Senator HAR- lesson about human rights and democ- the police hung him by his hands in KIN, for the first time in 3 or 4 years we racy.’’ order to extract information on a fel- were finally able to go to one of these Unlike workers in state-owned enter- low dissident. That is from a State De- factories and do an on-site investiga- prises whose advancement often de- partment report this year that I am tion. pends on fealty to the Communist now using as my evidence. The problem has been not that we Party, workers in American firms ad- In August, another labor activist was haven’t tried; it is that every 3 months vance based on merit. given a 10-year prison sentence for ille- we make a request and every 3 months Such workers, who acquire wealth, gal union activities in the 1980s, and we have been turned down. This has status, and power through their own more recently because he organized been going on for years now. It is hard hard work instead of connections to demonstrations in Hunan. This time he to argue that this amendment is not the Communist Party are far less like- was convicted for providing human timely, relevant, and important in ly to respect the party or its func- rights organizations overseas with in- terms of whether or not we go on tionaries. And make no mistake, to- formation on the protests. record for human rights. day’s best and the brightest in China I have about 30 examples from this 1 I yield the floor. all want to work for foreign businesses report. The PRESIDING OFFICER. The Sen- rather than in stifling state-owned en- I say to the Senator from New York, ator from Delaware. terprises, let alone for the government I understand the ILO, its mission, its Mr. ROTH. Mr. President, I am as itself. Moreover, American firms are history—not as well as the Senator. I concerned about China’s repression of almost uniformly considered the most understand it does not have enforce- its citizens as anyone in this Chamber. desirable because of the opportunities ment power and that China has be- But I believe that in passing PNTR, they offer. longed to it since 1918. I understand Congress will actually take its most Now, to compete in the global mar- that China is not abiding by or bound important step by far in fostering de- ket place, foreign firms doing business by this. I also understand that all the mocracy and improving human rights in China must permit free flows of in- reports we have over the last several in China. formation. And such flows of informa- years do not paint a picture of im- That’s because by enacting H.R. 4444, tion, of course, are the lifeblood of provement. We do not have an amend- we will permit Americans to fully par- democratic government. ment that says we don’t have trade ticipate in China’s economic develop- Professor Santoro stated the case with China; we do not have an amend- ment, thereby opening China to freer well before the Finance Committee: ment that says we should boycott flows of goods, services, and informa- ‘‘In the same way that information China or we should have an embargo of tion. Ultimately, that opening will sharing is essential to good decision- trade with China. We have an amend- change China’s economy from one making and operational effectiveness ment that just says that before auto- based on central planning to one based in a corporation, free speech is essen- matically extending trade relations on free markets and capitalism. More- tial to good decision-making in a de- every year or before automatically ex- over, H.R. 4444 will create a special mocracy. It is hard to imagine that tending PNTR, our Government should human rights commission that will ex- ideas about the importance of informa- insist that the Chinese live up to basic pose, and suggest remedies for, China’s tion flow can be confined to corporate human rights standards. abusive human rights practices. life. Inevitably, those who work in for- My colleague from New York cited The forces unleashed by American eign corporations and have gotten used one of the great heroines of Tiananmen and other foreign participation in Chi- to the free flow of economic informa- Square. I take what these brave people na’s market opening will help sow the tion will wonder why their government say very seriously. But it is also true seeds of democracy and human rights. restricts the flow of political informa- that others, including Harry Woo and As Ren Wanding, the brave leader of tion.’’ other men and woman who were at the 1978 Democracy Wall Movement In addition to introducing ideas Tiananmen Square who are now in our said recently, ‘‘A free and private econ- about information flow within their or- country leading the human rights orga- omy forms the base for a democratic ganizations, foreign corporations are at nizations, say the opposite. We know system. So [the WTO] will make Chi- the leading edge in terms of pressing there are two different views. na’s government programs and legal the Chinese government toward greater I think we should not be silent on system evolve toward democracy.’’ legal reform and regulatory trans- these basic human rights questions. We We should remember that in East parency. Indeed, if China is to realize should not be silent when it comes to Asia, the flowering of democracy in the full benefits of trade with the rest repression against people. We should such former authoritarian countries as of the world and comply with its WTO not be silent about the prison labor South Korea, Taiwan, and Thailand did obligations, it has no other choice than conditions. not occur until economic growth in to institute the rule of law. In 1992, the memorandum of under- each had produced a substantial middle In fact, China is readying itself for standing, and in 1994, we had another class. this transformation by engaging, agreement with China where they American trade and investment, among others, Temple University in agreed they would not export products which will be fostered by PNTR, will providing training in the development to our country made by prison labor. help create just such a middle class in of China’s business law system with a They haven’t complied with any of China, a group who will wield influ- special emphasis on WTO compliance. these agreements. ence, and whose interests will inevi- Temple Law School has been asked by I think this amendment is timely. I tably diverge from the interests of the senior officials of the Chinese govern- think there is plenty of evidence that Communist Party. ment to educate more judges and gov- speaks for this. But American companies will do ernment officials and to establish a Mr. MOYNIHAN. Since the 1930s, sec- more than simply assist in the develop- business law center. tion 307 of the Tariff Act of 1930, and ment of a middle class. These firms This endeavor will enable American the Smoot-Hawley tariff, has made it will also bring with them business and Chinese legal scholars to do joint illegal to send prison labor products to practices which coincide with traits research on issues related to business this country. If it still continues to be best suited to democracies. law and WTO compliance in China. It done, doesn’t that problem involve our As Michael A. Santoro, a professor at will also enable American legal schol- vigilance? Shouldn’t we focus our at- Rutgers University who has studied the ars, attorneys, judges and government

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8381 officials to meet with their Chinese firms in China, it should come as no WTO accession] can be a new begin- counterparts on a regular, organized surprise that so many of China’s most ning.’’ basis to provide input into proposed or prominent dissidents and human rights Mr. President, I ask my colleagues to needed legislation and enforcement in advocates support the United States join me in opposing this amendment. an emerging Chinese legal system that providng permanent normalized trade I yield back all the time on both will regulate aspects of a market econ- relations to China. sides. omy. Wang Juntao who was arrested after Mr. MOYNIHAN. Yes, Mr. President. Mr. President, foreign firms, in a June 4, 1989, and was sentenced in 1991 I believe the yeas and nays have been very real sense, constitute the van- to thirteen years in prison as one of ordered. guard of social change in the PRC. As the ‘‘black hands’’ behind the The PRESIDING OFFICER. Without Professor Santoro said, ‘‘Ultimately Tiananmen demonstrations provided objection, it is so ordered. these social changes will pose a formi- the Finance Committee with the fol- Mr. HELMS. I suggest the absence of dable challenge to China’s government, lowing statement, and I quote, ‘‘. . . if a quorum. as profound contradictions emerge be- one needs to choose between whether The PRESIDING OFFICER. The tween the Communist Party’s authori- or not China should be admitted [to the clerk will call the roll. tarian rule and China’s increasingly WTO], I prefer to choose ‘Yes’ . . . In an The bill clerk proceeded to call the free economy and society being created international environment, inde- roll. by private enterprise and the free mar- pendent forces will be more competi- Mr. HELMS. Mr. President, I ask ket.’’ tive than the state-owned enterprises. unanimous consent that the order for Meanwhile, the United States and Such independent forces will eventu- the quorum call be rescinded. other countries must continue to press ally push China toward democracy . . . The PRESIDING OFFICER. Without China on its human rights abuses. Such An overemphasis on economic sanc- objection, it is so ordered. public condemnation complements the tions will contribute to the growth of The question is on agreeing to special changes that will accelerate nationalism and anti-westernism in amendment No. 4125. The yeas and nays with China’s accession to the WTO. China. This will limit both the influ- have been ordered. The clerk will call That’s why the Congressional-Execu- ence of the U.S. as well as that of the the roll. tive Commission on human rights in democracy movement in China.’’ Mr. NICKLES. I announce that the China that is created by H.R. 4444 is so Wang Dan, who was one of the prin- Senator from Minnesota (Mr. GRAMS) important and potentially so effective. cipal organizers of the 1989 democracy and the Senator from Vermont (Mr. Among the tasks of that commission movement; and who during the crack- JEFFORDS) are necessarily absent. will be monitoring China’s compliance down that followed, was listed as num- Mr. REID. I announce that the Sen- with the International Covenant on ber one on the Chinese government’s ator from Hawaii (Mr. AKAKA), the Sen- Civil and Political Rights and the Uni- black-list of student counter-revolu- ator from New Jersey (Mr. LAUTEN- versal Declaration of Human Rights. tionaries provided the Finance Com- BERG), and the Senator from Con- Specifically, the Commission will mon- mittee with a similar statement. ‘‘I necticut (Mr. LIEBERMAN) are nec- itor: the right of Chinese citizens to en- support China’s entry into the WTO,’’ essarily absent. gage in free expression without fear of he said, because ‘‘I feel this this will be The PRESIDING OFFICER (Mr. ROB- prior restraint; the right to peaceful beneficial for the long-term future of ERTS). Are there any other Senators in assembly without restriction; religious China because China will thus be re- the Chamber desiring to vote? freedom, including the right to worship quired to abide by rules and regula- The result was announced—yeas 32, free of interference by the government; tions of the international community.’’ nays 63, as follows: the right to liberty of movement and Martin Lee, the brave and outspoken [Rollcall Vote No. 239 Leg.] freedom to choose a residence within leader of the pro-democracy Demo- YEAS—32 China and the right to leave from and cratic Party of Hong Kong, which yes- Ashcroft Gregg Reed return to China; the right of a criminal terday took the largest share of seats Boxer Harkin Sarbanes defendant to a fair trail and to proper in Hong Kong’s elections, said that the Bunning Helms Sessions legal assistance; the right to freedom ‘‘participation of China in WTO would Burns Hollings Smith (NH) from torture and other forms of cruel not only have economic and political Byrd Hutchinson Snowe Campbell Inhofe Specter or unusual punishment; protection of benefits, but would also bolster those Collins Kennedy Thompson internationally-recognized worker in China who understand that the Craig Kyl Thurmond DeWine Leahy rights; freedom from incarceration for country must embrace the rule of Torricelli Dodd Lott Wellstone political opposition to the government law. . . .’’ Feingold Mikulski or for advocating human rights; free- Mr. President, it was when China was dom from arbitrary arrest, detention, most isolated in the 1950s through the NAYS—63 or exile; the right to fair and public early 1970s that the Chinese people suf- Abraham Enzi McCain Allard Feinstein McConnell hearings by an independent tribunal fered the most severe depredations. Baucus Fitzgerald Miller for the determination of a citizen’s The so-called Great leap Forward and Bayh Frist Moynihan rights and obligations; and free choice the Cultural Revolution led to tens of Bennett Gorton Murkowski millions dying from starvation and un- Biden Graham Murray of employment. Bingaman Gramm Nickles In addition, the Commission will told millions more suffering social dis- Bond Grassley Reid compile and maintain lists of persons location and the worst forms of human Breaux Hagel Robb believed to be persecuted by the Gov- rights abuses. Brownback Hatch Roberts Bryan Hutchison Rockefeller ernment of China for pursuing their Mr. President, at a very minimum, Chafee, L. Inouye Roth rights. It will monitor the development China’s opening to the world through Cleland Johnson Santorum of the rule of law, including the devel- its accession to the WTO will make a Cochran Kerrey Schumer opment of institutions of democratic repeat of atrocities on such an un- Conrad Kerry Shelby Crapo Kohl Smith (OR) governance. thinkably vast scale far, far less likely. Daschle Landrieu Stevens And the Commission will give special But I am convinced, Mr. President, Domenici Levin Thomas emphasis to Tibet by cooperating with that in passing PNTR we will do more. Dorgan Lincoln Voinovich I believe that in passing PNTR we will Durbin Lugar Warner the Special Coordinator for Tibetan Edwards Mack Wyden Issues in the Department of State. have taken our most important step in Finally, the Commission will submit advancing human rights and demo- NOT VOTING—5 to Congress and to the President an an- cratic values in China. Akaka Jeffords Lieberman nual report of its findings including, as I’d like to close with another quote Grams Lautenberg appropriate, recommentdations for leg- from Ren Wanding, the leader of Chi- The amendment (No. 4125) was re- islative and/or executive action. na’s Democracy Wall Movement. Here’s jected. Given the breadth of the Commis- what he said: ‘‘Before the sky was Mr. ROTH. Mr. President, I move to sion’s work and the impact of foreign black. Now there is light . . . [China’s reconsider the vote.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8382 CONGRESSIONAL RECORD — SENATE September 12, 2000 Mr. MOYNIHAN. I move to lay that ditional remedies for import surges and tion of market disruption in the event motion on the table. unfair trade practices, such as Section that no action is taken by the Presi- The motion to lay on the table was 201 and the antidumping and counter- dent or the U.S. Trade Representatives, agreed to. vailing duty laws, are inadequate to seventy days after the ITC report is AMENDMENT NO. 4131 deal with a sudden and massive influx submitted. Again, my amendment The PRESIDING OFFICER. Under of imports that can be manipulated by assures U.S. manufacturers and farm- the previous order, the Senate will now government control of state-owned en- ers and workers that action will occur resume consideration of the Byrd terprises, including pricing and dis- on an ITC affirmative determination amendment No. 4131. tribution schemes. The Trade Act of that a market disruption has occurred, The time period is 3 hours equally di- 1974 attempted to address these com- and under the exact time frame as pro- vided. plications through the establishment vided under the LEVIN–Bereuter provi- The distinguished Senator from West of Section 406. Although similar to Sec- sions. Virginia is recognized. tions 201, 202, 203, and Section 406 was The Levin–Bereuter provisions pro- Mr. BYRD. Mr. President, I thank intended to provide a lower standard of vide legislative time frames on market the Chair. I don’t think it is necessary injury and a faster relief procedure, disruption investigations. First, the to spend 3 hours on this amendment. I and requires the investigation to focus Levin–Bereuter provisions require an would like to have a vote on the on imports from a specific country. ITC determination within 60 days of the initiation of an investigation, or 90 amendment tomorrow morning. Given the difficulty of proving Section days in the investigation of confiden- Mr. ROTH. The Senator probably 406, however, only 13 cases have re- tial business information. Following could have the vote tonight, if he want- ceived remedy under the laws since the the ITC action, the U.S. Trade Rep- ed to. provisions were enacted in 1974. resentative has 55 days to make a rec- Mr. BYRD. If I had my druthers, as In other words, in 26 years only 13 ommendation to the President regard- they say back in the hill country—all cases have received remedies under the ing the case. Within 15 days after re- right. law. It is not a very good batting aver- ceipt of a recommendation from the Mr. President, I yield such time as I age. U.S. Trade Representative, the Presi- may require. The United States Trade Representa- dent is directed to take action. Thus, The PRESIDING OFFICER. The Sen- tive acknowledged that the import re- the Levin–Bereuter provisions were in- ator is recognized. lief authorities provided under current tended to initiate action within 70 days Mr. BYRD. Mr. President, this law are flawed, and, thus, to her credit, following the ITC affirmative deter- amendment seeks to improve the cer- the Product-Specific Safeguard pro- tainty of the implementation of import mination. tocol language in the U.S.-China bilat- In real life, however, Section 401 relief in cases of affirmative deter- eral agreement was negotiated to en- cases have not existed for years, and minations by the International Trade hance the ability of the U.S. to respond many of the six Section 201 decisions Commission with respect to market more genuinely and immediately to that received some remedy over the disruption to domestic producers of market disruptions caused by Chinese last five years were delayed by weeks like or directly competitive products. products entering the United States. and even months beyond the current The amendment is simple and straight- Nevertheless, the House of Rep- statutory deadline! U.S. firms have lost forward and it may be vital to many resentative recognized that the pro- confidence in these provisions, and U.S. industries, such as steel, footwear, tocol language could not provide real they cannot afford to pay legal ex- and apples. It certainly causes no relief to U.S. industries that might be penses for decisions that might never harm. threatened by a surge of imports from be. U.S. trade law provides for import re- China, and, therefore, the House-passed I have been particularly concerned lief authorities under sections 201, 202, PNTR measure includes the Levin–Be- about the U.S. steel wire-rod case. 203, and 204 of the Trade Act of 1974, reuter language on import surges. This Wire-rod producers had to wait almost and relief from market disruption by language is a significant improvement five months beyond the statutory dead- imports from Communist countries, over current law and the language in- line to receive a decision by the Presi- such as China, under section 406 of the cluded in the protocol to the U.S.- dent that remedies would be put into Trade Act of 1974, as amended. These China bilateral agreement. place! The U.S. steel wire rod industry safeguard actions are intended to pro- However, the House import surge filed for relief under Section 201 of the vide temporary import relief from seri- safeguard provisions continue to lack trade law on December 30, 1998, and fol- ous injury to domestic producers. an essential element. They continue to lowed lengthy, costly procedures con- These provisions are essential in order fall short on a point of utmost impor- sistent with the statute. The domestic to provide U.S. manufacturers or farm- tance. While very, very close to pro- wire rod industry was encouraged after ers with an opportunity to address sud- viding meaningful benefits, the Levin– a recommendation for relief was pro- den waves of imports—such as those Bereuter import surge safeguard lan- vided by the International Trade Com- brought on by economic crises in for- guage does not provide a reasonable as- mission, and the industry looked ea- eign markets, and under other unex- surance to U.S. industry or workers gerly to the President’s decision, which pected conditions beyond domestic that remedies against harmful import was required under statute within 60 control. surges will be taken in a timely man- days, or by September 27, 1999. The U.S. Regrettably, however, the import re- ner. steel wire rod company officials, work- lief procedures are widely recognized as One of the most serious problems en- ers and their families and communities overly complicated and generally inef- countered with the use of import surge waited, and waited, and waited. How- fective. Import relief authorities re- safeguards is the delays in taking ac- ever, September 1999 came and went, quire exhaustive investigations and tion. Whether required by law or not, the fall foliage dropped from the trees, must meet tough litmus tests. Rem- the administration can never seem to leaving them bare to the north, south, edies granted under these authorities meet specific dates, and days turn into east and west, the Thanksgiving feast are so difficult to achieve that only a weeks and weeks turn into months. was held and the family gathered round handful of the most egregious cases Meanwhile, U.S. industries and work- and sang songs, and the Christmas sea- ever receive an affirmative verdict. ers must sit by, unable to respond, as son came and the Christmas season The number of cases that have received they watch their market share, their went—there was no Santa Claus, Vir- relief under the import relief provi- profits and their jobs dwindle away. ginia—New Year’s Day was cele- sions speak for themselves: In the last My amendment finally adds a cer- brated—and yet, no action. As the days five years, only six Section 201 cases tainty to the import surge safeguards. slipped from the calendar, imports resulted in some form of remedy out of It is simple and to the point. My rose! In fact, imports rose 12 percent 21 cases filed. amendment would put into effect the from November to December 1999 and Market disruption caused by imports relief recommended by the Inter- were up 15 percent over 1998. from a communist country, such as national Trade Commission (ITC) in The real story is that, with each China, is even more complicated. Tra- the case of an affirmative determina- passing day, production was lost and

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8383 American jobs were sacrificed. Lost in- and to the Nation. This company is fac- Mr. ROTH. Mr. President, I ask unan- come to the company became lost in- ing a flood of Chinese imports, how- imous consent that the order for the come to the bankers, to the company ever. During the first quarter of 2000, quorum call be rescinded. suppliers, to the tax base that supports for example, Chinese imports were at a The PRESIDING OFFICER. Without local schools and roads. Worse, there record pace of 175,000 pounds, a figure objection, it is so ordered. was lost income to American families. which, if annualized, would amount to The distinguished Senator from Dela- Who pays for the Christmas presents a 788-percent increase since 1997. The ware is recognized. that every little child dreams of? situation facing Portec is an authentic, Mr. ROTH. Mr. President, I rise in Time is money. That is what they true-life example of why this Senate opposition to the amendment of my say. should adopt the Byrd amendment. The good friend. In February 2000, the President an- workers of Portec are being bled dry I do so with some reluctance because nounced that relief would be granted to under this hail of imports. I urge the I am actually quite supportive of tak- ing whatever action necessary to en- the U.S. steel wire rod industry. This Senate to help these workers to ensure sure that the President takes seriously was very happy news and received joy- that they are not subject to the ugly the deadlines set forth in our trade fully in the steel community. But, the situation that the U.S. steel wire rod remedy statutes. fact remains that the money lost in the workers endured. Let us not sit by idly, wait for a decision was lost forever. In fact, I would like to take a few twiddling our thumbs and biting our minutes now to express my mounting China’s trade with the U.S. continues fingernails and watching our toenails to skyrocket. Imports of consumers concern about the White House’s ac- grow, by watching also these workers’ tions—or should I say, inaction?—in goods, agricultural goods, and manu- savings, so painfully secured, become factured products from China are cur- administering our trade laws. Frankly, washed away, and watch the slow ero- I am very unhappy about the Presi- rently entering the U.S. market at an sion of morale and confidence. This unprecedented rates! The United States dent’s failure to issue decisions in sen- amendment would help Portec to fight sitive trade matters by the deadlines has it largest bilateral deficit with back. set forth in the statutes. China, which grew $910 million to a I say to my colleagues, help me to There are many examples. The most record $7.22 billion in June 2000 alone. help Portec and other U.S. manufactur- notable may be two recent section 201 Why is my amendment necessary? ers and farmers. cases, the first involving lamb meat Because when we are successful in Chinese state-owned enterprise con- and the second relating to steel wire plugging one hole in the Chinese dike, tinues to remain a major source of jobs rod. thousands more seem to spring in China. Many of these state-owned Both these decisions languished through, gushing imports. According to enterprises are directly controlled by somewhere at the other end of Pennsyl- official Department of Commerce im- the Chinese Government and they play vania Avenue for weeks—in direct vio- port statistics, low-priced Chinese im- a central role in China’s monetary lation of the law—before the President ports of steel rail joints have increased scheme. In fact, the Bureau of National finally issued his decision. We are see- approximately 788 percent from 1997 to Affairs reported on July 21 of this year ing the same thing now in the context 2000. As in the steel wire rod situation, that the China Daily quoted Yang of the President’s decision on modi- these Chinese imports have resulted in Zilin, President of the Export-Import fying the retaliation list in the ba- lost sales and depressed prices for the Bank of China, as saying that China’s nanas dispute. American industry. I have a manufac- state-backed financing played a strong I may agree or disagree with what- turer of steel rail joints in Huntington, role in boosting China’s exports in the ever decision the President ultimately West Virginia, the Portec Rail Prod- first half of this year. That’s right, a chooses to make in each of these cases. ucts, Inc. Chinese official readily acknowledges But the credibility of the trade laws Speaking of Huntington, my recollec- the systematic use of export subsidies rests on the process being handled with tion reminds me that there was a con- to help boost China’s skyrocketing ex- a great deal more respect and serious- gressman from West Virginia who re- ports. In case anyone is wondering, ex- ness than it has been thus far. sided in Huntington, WV, around the port subsidies directly impede the abil- With that said, I must still oppose turn of the century. His name was ity of American firms to compete with this amendment. Hughes. He had a daughter on the Ti- the Chinese. As a practical matter, there are tanic when that great ship went down many instances in which the process and carried with it his daughter along My amendment is consistent with the goals of the House-passed China established in the proposal will simply with more than 1,500 other victims. be unworkable. For example, it is not Only 713 persons were rescued off that PNTR bill. It improves the certainty of the implementation of import relief in unusual for the ITC to be divided on its Titanic that went to its watery grave recommendation of relief in a par- on the morning of April 15, 1912. cases of affirmative determinations by the International Trade Commission of ticular case. Because the Commission I care about the future of this manu- often speaks with many voices, it is facturer of steel rail joints in Hun- market disruption to domestic pro- ducers of like or directly like products. unclear which of the Commissioner’s tington, WV. I care about its future, recommendations would take effect and I care about the future of the peo- It has been widely proclaimed by the White House and many in Congress under my colleague’s amendment. ple who work there. There are thou- This problem may be remedied eas- supporting the China PNTR legislation sands and thousands of small manufac- ily, but it clearly underscores the im- that the product-specific safeguard pro- turers that have a critical need for portance of allowing my committee the visions are a critical component of the strong trade laws and a critical need to time to consider the proposal of Sen- U.S.-China bilateral agreement. My have an assurance that the laws will ator BYRD to ensure that we have con- amendment ensures compliance to the work as intended. Portec Rail Prod- sidered its full implications. At least timeframe that Congress intends. More ucts, Inc., is a small business. It makes some of the problems that will arise if importantly, it provides a standard steel rail joints that hold rail sections this amendment were to become law upon which American workers and together and allow the construction of are already apparent to me, so I must American businesses can rely. the many miles of railroad that provide oppose this amendment for the time smooth transit in this country for both Mr. President, I yield the floor, and I being. commercial and passenger trains. reserve the remainder of my time. I am also concerned that we are iso- Portec has provided solid, semi- The PRESIDING OFFICER. Who lating the Chinese for differential skilled manufacturing jobs for many yields time? treatment in how a trade remedy is ap- hard-working West Virginians. It also Mr. BYRD. Mr. President, I suggest plied. supports the State’s economy by pur- the absence of a quorum. While this provision may not be in- chasing high quality steel bars from The PRESIDING OFFICER. The consistent with the United States- other West Virginia steel producers. clerk will call the roll. China bilateral agreement, applying This company has added to the pros- The assistant legislative clerk pro- different rule to China in how we ad- perity of my State of West Virginia ceeded to call the roll. minister our trade laws could well

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8384 CONGRESSIONAL RECORD — SENATE September 12, 2000 jeopardize our ability to secure the we are getting ready to engage in a proliferation treaties and agreements benefits of the uderlying trade agree- new trading relationship, hoping for and then violated them, but with re- ment. the best, we should acknowledge that gard to those treaties that require safe- I must also oppose the amendment China has violated every under- guards, where someone can come in for the reasons that I have stated many standing, agreement, and treaty they and inspect whether or not they are times during these deliberations, and have ever made. doing it, they will not agree to those, that is because of the potential impact My concern is proliferation, although and that has been the history. that amendments will have on the pas- human rights is very important and re- Are we so eager for trade that we ac- sage of this legislation. In my view, a ligious freedom is very important. cept this kind of behavior as in some vote for any amendment, including this There is only one activity of the Chi- way acceptable to us? one, is a vote to kill PNTR. nese Government that poses a mortal In February of 1992, China pledged to The stakes are too high for our work- threat to this Nation, and that is the abide by the missile technology control ers and farmers to allow this legisla- one of proliferation, spreading weapons regime and renewed this commitment tion to die. That is why I urge my col- of mass destruction around the globe. in 1994. However, I have an entire list leagues to vote against the amendment How in the world can we claim we need which I will not read, but in 1993 they of my good friend. a missile defense system because of the transferred M–11 short-range missile Mr. President, I yield the floor. threat of rogue nations and the nuclear equipment to Pakistan. In 1996, China The PRESIDING OFFICER. The dis- missiles they are developing that will helped Pakistan build an M–11 missile tinguished Senator from Tennessee. have the capability of hitting us, when factory. In 1997, telemetry equipment Mr. THOMPSON. Mr. President, I we will not address the folks such as to Iran. was wondering if I can take some time, the Chinese who are supplying these In 1999, China supplied specialty if the distinguished chairman has fin- rogue nations? It is all carrot and no steel, accelerometers, gyroscopes, and ished. stick. They cannot take us seriously precision-grinding machinery to North Mr. ROTH. I ask the distinguished when we express concern about pro- Korea; a wind tunnel to Libya—on and on and on—the roughest nations on the Senator how much time would he like. liferation. Mr. THOMPSON. Mr. President, it Let’s talk about the proliferation face of the Earth in terms of their pro- depends on what his plans are. If I can agreements they have signed. In March liferation and dangerous activities. have 20 minutes, it will be greatly ap- of 1992, China ratified the Nuclear Non- China consistently supplies them in violation of their own agreement. preciated. I understand we have 3 hours Proliferation Treaty. However, in 1994, In 1997, China ratified the Chemical on this amendment. China sold to Pakistan 5,000 Mr. ROTH. I yield 20 minutes to the Weapons Convention; however, they unsafeguarded ring magnets which can have violated it on numerous occa- Senator from Tennessee. be used in gas centrifuges to enrich Mr. THOMPSON. I thank the Sen- sions. uranium. In 1997, the PRC transferred chemical ator. In 1995, China built in Iran a separa- The PRESIDING OFFICER. The dis- weapons technology and equipment to tion system for enriching uranium. Iran. tinguished Senator from Tennessee is As we know, China has outfitted recognized for 20 minutes. In 1998, the PRC entities sold 500 tons Pakistan from soup to nuts. Under our of phosphorus materials, which is con- AMENDMENT NO. 4132 watchful eye, they have made it so trolled by the Australia Group, to Mr. THOMPSON. I thank the Chair, that Pakistan can now build their own Iran—and on and on and on and on. and I thank Senator ROTH for his gen- missiles. We have watched them do this We cannot turn a blind eye to this. erosity. over the last few years in total viola- We can trade even with people with Mr. President, I want to speak for a tion of the Nuclear Non-Proliferation whom we have strong disagreements. moment to a couple of things that have Treaty, which some of my colleagues We can trade with China. But can we come up in the debate today with re- so optimistically claim they signed; really address a trade issue with them gard to the amendment on China pro- therefore, they must be abiding by it. and envelop them into a new under- liferation offered by myself and Sen- They are not. standing with trade, from which we be- ator TORRICELLI. Of course, once again, In May of 1996, China reaffirmed its lieve we will get some economic ben- our reason for offering this amendment commitment to nuclear nonprolifera- efit, without telling them that they is because we have been told time and tion. Again, however, in 1996, China cannot continue to make this world a time again by various bipartisan com- sold a special industrial furnace and dangerous place? And it is the United missions that we are facing an immi- high-tech diagnostic equipment to States of America that is going to be nent threat; that China, Russia, and unsafeguarded nuclear facilities in most vulnerable to this; Belgium and North Korea—but historically as of Pakistan. France, with all due respect, are not 1996, for example, China—have led the In 1997, China was the principal sup- going to be the primary targets of way in selling weapons of mass de- plier of Pakistan’s nuclear weapons these rogue nations if and when they struction to rogue nations. We are told program. get the ability to hit foreign nations. It that these rogue nations pose a threat In 1997, China transferred to Iran a is going to be the blackmail that they to our country. uranium conversion facility blueprint. will try against us. The question now is whether or not In 1997, China promised not to begin What if Saddam Hussein had this ca- we intend to do anything about it. a new nuclear cooperation agreement pability in the gulf war? Do we really Some say diplomacy should work. Per- with Iran after completing a small nu- think it would have turned out the way haps it should. However, we see that di- clear reactor and a factory for building it did? How much activity will breach plomacy has not worked. The problem nuclear fuel rod encasements. the tolerance level of the Senate when is getting worse. Our intelligence esti- In 2000, U.S. intelligence reports it comes to the Chinese? We do not mates, which have been made public, state that ongoing contact between have to jeopardize trade with China. have shown that the problem is getting PRC entities and Pakistan’s nuclear We must have some measures to get worse with regard to missile tech- weapons program cannot be ruled out. their attention. nology, especially with Pakistan, in- China is a member of the Zangger What our bill does, when all is said stead of getting better. Committee which considers procedures and done, is provide a report on those A couple of my colleagues, speaking for the export of nuclear material and proliferation activities and provide the on behalf of PNTR, have pointed out equipment under the NPT but is the President the opportunity to do some- that the Chinese have signed several only major nuclear supplier of the 35- thing about it. It makes it a little nonproliferation-type agreements that nation nuclear suppliers group whose more difficult for him to turn a blind should give us some cause for opti- nations agreed to guidelines covering eye to these proliferation activities be- mism, and that is true. The problem is exports for peaceful purposes to any cause if he does not do something that they have repeatedly violated non-nuclear weapon state and requires about it, he has to tell Congress why. every agreement they have ever made. full-scope safeguards. The Chinese Gov- It also provides that if Congress feels I emphasize that. At this time, when ernment has agreed to a list of non- strongly enough about it—if enough

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8385 people sign up—we can actually take a sibly to this irresponsible behavior on Astoria in New York. He also men- vote on the President’s decision. the part of the Chinese Government tioned the fact that he met with Amer- That is what it boils down to. We and risking their getting mad, and in ican businessmen, and it was a good have had people come to this floor and some way affecting them in some ex- thing for the leader of the Chinese Gov- say: If we pass this amendment, these port that they might have, they would ernment to be meeting and talking unilateral mandatory sanctions, the be willing to take that chance. The with American businessmen. I think, sky will absolutely fall. It will mess up farmers are not involved in this. generally speaking, that is true. But everything. It will make the Chinese Some said that any Member of Con- we have to consider the context in mad. We might lose trade. gress could force a vote to override the which this happened. No. 1, even if all those things hap- President. So we made it so it had to According to the New York Times pened, I ask, what is the primary obli- be 20 Members of Congress. story the next day, that luncheon gation of this body? To protect our- Yes, there have been several reiter- meeting with America’s top business selves from these problems and trying ations of this bill because we have been executives was to declare that China to address them or not? But these trying to answer the reasonable com- was plugging into the New World. things are not going to happen because plaints. Jiang Zemin said: We have over 18 mil- we already have laws on the books that What it boils down to is that not all lion citizens, more than 27,000 World are unilateral sanctions that this body of these various complaints are the Wide Web sites, over 70,000 Chinese do- has voted for oftentimes without a dis- reason for the opposition. My opinion main names, and 61 million mobile senting vote, time and time again, to is that the root of it is a genuine desire phones in China. impose sanctions on various entities not to irritate the Chinese Government It goes on to say what he did not for various reasons. Perhaps we have at a time we are trying to enter into a mention: China’s recent efforts to done too much in some respects. Per- new trading relationship with them. crack down on the use of the Internet haps we have not done enough in oth- Generally speaking, I think that is a for the spread of dissenting opinions in ers. But there are numerous laws on laudatory idea. I cannot complain China. Mr. Clinton said that he never the books. about that as a general rule. But these broached the subject. What our amendment does is provide are not times to apply the general It went on to say that President Clin- for a more extensive report and provide rules. These are extraordinary cir- ton brought up the proliferation which for congressional input, as I have said. cumstances. We have been getting re- we all know, and they admit that we But in terms of sanctions, it is right ports on what they have been doing for know, they were doing and asked him along the lines of what we have done years now and have not done anything to do something about it. He smiled and wished the President on numerous occasions. It is only when about it. well in his retirement and thanked the it comes to China, it is only when we Now we are about to enter into a new President for his assistance with re- identify China that everyone comes trade relationship which they want gard to getting China into WTO— rushing to the floor saying: My good- desperately. They have a favorable smiled and went on, knowing there ness, we can’t do this; Our allies will be trade balance with this Nation of $69 would be no repercussions. against us; China will be against us; It billion. They are not going to turn We have sent three delegations to will upset Russia; It will be a bad ex- their back on that. They want this. China this year beseeching them, on If we do not have the wherewithal to ample to the world, and all of that. It the eve of this PNTR vote, to stop is only when someone thinks that we raise the issue of the fact that they are some of their activities. According to are complicating the China trade deal making this a more dangerous world our own people who were there in the that all of these concerns come to the and threatening our country now, when meetings, they were told by the Chi- fore. We can do better than that. are we going to do it? nese Government officials that they in- People say we need hearings, that no A Senator actually said yesterday tended to continue their policies with committee of jurisdiction has had that one of the problems he had with regard to weapons of mass destruction hearings. My committee, the com- this bill, in light of the nuclear pro- unless we backed off on our missile de- mittee I chair, is a committee of juris- liferation that we are dealing with, is fense system and our positions on Tai- diction. We have had 30 hearings on the that this report will be too onerous, wan. issue of proliferation. There have been this report which we are requiring on You have to give the leadership of 60-some-odd hearings on the issue of these activities will be too voluminous the Communist Chinese Government proliferation. for our intelligence. Why would it be so credit for being up front about it. They Some people say: THOMPSON’s com- voluminous? I agree with him. It would are doing it and telling us they are mittee has had several drafts. They be. Why? Because of all of the pro- going to continue to do it. We are over keep coming up with different drafts. liferation that is going on. Do we not here worried about whether or not to That is true because we keep trying to want to know about it because it is too upset them because it might cost us satisfy the critics who do not want to voluminous? some trade or it might in some way be do anything to irritate the Chinese I suggest that we get serious about counterproductive and we need to exer- Government. this. Some complained that we might cise diplomacy. They have said: You identified China catch up some innocent Chinese com- What has diplomacy gotten us so far? specifically. We broadened it to include pany, where there is credible evidence They say: Unilateral sanctions never Russia and North Korea because they that they are selling these dangerous work; we need to get our allies to- are also major suppliers. weapons, but they may later prove to gether. What have we been able to get They say: You do not give the Presi- be innocent. That is not a major prob- our allies together on in the last sev- dent enough discretion. Now we give lem is all I have to say. eral years? When you can’t get multi- him almost total discretion. He has to If I have to come down on the side of lateral action on something that is make a determination before anything doing something to address this prob- dangerous to your country, what do happens. lem or running the risk that we may you do, go home? We can’t get a U.N. They say: You are going to hurt for a period of time unjustly accuse a resolution to criticize China’s behavior farmers or small businessmen. We spe- Chinese company and, therefore, cut with regard to human rights. We can’t cifically eliminated any potential in- off military exports to them, I am will- get our European friends to let us send volvement of farmers or small busi- ing to run that risk. them bananas. Yet we are supposed to nesses. Others say we have to give engage- sit back, in light of this nuclear and bi- Some people say: Farmers still don’t ment a chance. One of the most distin- ological and chemical threat to our Na- like it because if we are mean to the guished Senators ever to serve in this tion, until we can get all of our allies Chinese Government, they might re- body spoke a little while ago, someone together to do it at once. Otherwise, it taliate, and it might be against farm- I respect tremendously, the senior Sen- would be ineffective and somebody ers. Not my farmers in Tennessee. I ator from New York. He talked about might be critical of us? think if my farmers in Tennessee had a the fact that Jiang Zemin met with our Some say Chairman Greenspan choice between us responding respon- President last Friday at the Waldorf- thinks our provision that allows the

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8386 CONGRESSIONAL RECORD — SENATE September 12, 2000 President to cut some of these compa- York Stock Exchange, should we not As the Senator pointed out, our first nies out of our capital markets is a bad do something about that, raising obligation is our national security. Our idea. What we did is list one option. money from the very American citizens first obligation as Senators is to do The President has this authority any- who would be targeted potentially by a what we can to safeguard our national way, but I think it has a salutary ef- Libya? security. There is no question about fect to have it listed up front, telling The PRESIDING OFFICER. The time that. the world this is what we intend on requested by the distinguished Senator As the distinguished Senator and, I doing as a possibility. One of the op- has expired. guess, all of my colleagues, I have very tions the President has, when he Mr. THOMPSON. I urge adoption of serious concerns about China. I have no catches these folks doing this and he the amendment, Mr. President. I thank illusions about China. They are spread- makes a determination—or when it the Chair and my chairman, Senator ing, as he has indicated, weapons of comes to a country, in his complete ROTH, for their indulgence. mass destruction technology all around discretion, one of the options he has is I yield the floor. the world, more specifically to nations to tell the companies that are in our Mr. ROTH. Mr. President, I suggest of concern. But I don’t think this is the capital markets in the New York Stock the absence of a quorum. reason to erect what we call trade bar- Exchange that they can’t be raising The PRESIDING OFFICER. The riers, which is exactly what I think any more money. clerk will call the roll. this amendment will do. Quite the op- The Deutch Commission, comprised The assistant legislative clerk pro- posite. It seems to me we should really of distinguished Americans, told us one ceeded to call the roll. reject this amendment because trade, of the things that is happening to us— Mr. ROTH assumed the Chair. on the other hand, has a stabilizing ef- and the American people ought to Mr. ROBERTS. Mr. President, I ask fect on international relations. The know about it—is that proliferating unanimous consent that the order for more that two nations trade and invest companies under the control of the the quorum call be rescinded. in regard to the economics of both Chinese Government are raising bil- The PRESIDING OFFICER. Without countries and each other, the less like- lions of dollars on the New York Stock objection, it is so ordered. ly it is that they will engage in any Mr. ROBERTS. Mr. President, I am Exchange from American citizens who kind of military conflict. going to be speaking on the PNTR don’t know what they are doing. The Let me spend a few moments explain- Deutch Commission suggested the cap- issue. From the time allotted, I yield myself 15 minutes. ing to my colleagues why I think this ital markets are among a wide range of amendment, which requires the Presi- economic levers we could use as carrots The pending business is the Byrd amendment, but I was intensely inter- dent to once again impose sanctions on or sticks as part of an overall strategy China, would be counterproductive. to combat proliferation. That is from ested in the comments and remarks by First, again, I don’t know how many this thoughtful commission of experts my good friend and colleague, Senator times we have to say this on the floor. in this area. How many Americans THOMPSON. I have had the privilege of being in know that these companies are raising I thought now would be an appro- public service in the other body since billions of dollars on the New York priate time to urge my colleagues to 1980, and, as a matter of fact, I was Stock Exchange? That is an option the oppose the China nonproliferation working as a staff member 10 or 12 President could or could not use as he act—that is how the act is described— years prior to that time. In speech sees fit. offered as an amendment to the legisla- Some of my colleagues—in fact, all of tion. But, again, I want to point out to after speech after speech, primarily in- my colleagues—who oppose this my good friend and distinguished col- volved with agriculture, we have tried amendment have quoted Mr. Green- league from Tennessee that as a mem- to point out that unilateral sanctions span, Chairman of the Federal Reserve. ber of the Senate Intelligence Com- simply don’t work as a foreign policy He was in the Banking Committee. I mittee, and as chairman of the Armed tool. Study after study by respected am not sure what the subject was. I can Services Subcommittee on Emerging foreign policy experts and economists, assure you it was not nuclear prolifera- Threats, I speak with at least some un- academics, not to mention the farmer tion. Opponents of my amendment derstanding on this very serious sub- who has gone through this I don’t know asked him this specific question: Basi- ject of the proliferation of weapons of how many times, all agree that unilat- cally, do you oppose the idea of cutting mass destruction. The fact is the dis- eral sanctions are overused; that they people out of our capital markets? He tinguished majority leader has ap- are ineffective and counterproductive. said, no, he thought that was not a pointed Senator BOB BENNETT to be on I know that they send a message. good idea generally, and went on to ex- the task force, as well as Senator I know from the intervention stand- plain why. THOMPSON, myself, Senator KYL, and point the sanctions we have on ap- I have a couple of comments about Senator GREGG on this very issue. proximately 71 countries around the that. This is not a capital market More especially, in regard to the world send a very strong perception. issue, this is a proliferation issue. I threat of terrorism, which is a very se- We have them on almost virtually ev- have extreme respect for Chairman rious threat, among its many duties erything that we are worried about. Greenspan, but I would not ask a pro- the Emerging Threat Subcommittee is But unilateral sanctions do little to liferation expert whether or not he responsible for congressional oversight change the behavior of the offending thought interest rates ought to be of programs called the Nunn-Lugar co- country. Yet they put American busi- raised. I don’t think Chairman Green- operative threat reduction programs. nesses and American workers and span would claim to be an expert on They annually authorize the use of De- farmers at a huge competitive dis- the nature of the problem this country fense Department funds—the fact is we advantage. faces and what we should do about it. are right in the middle of the defense I remember so well the 1980 embargo As a general proposition, I agree with authorization bill—to assist with the by President Carter. The Russians had him. I think we ought to be expanding safe and secure transportation, stor- invaded Afghanistan—something we all all of our markets, including our cap- age, and dismantlement of nuclear, disagreed with without question and ital markets. But on an occasion, if we chemical, and other weapons of the viewed as a great tragedy. I remember catch a company and our intelligence former Soviet Union. We would hope that the United States canceled the agencies come forth and say there is we could do similar activities with the Olympics. At that time, President Car- credible evidence that this company other nations concerned more specifi- ter said no more grain sales to Russia. just sold missile capabilities to Libya, cally mentioned by my distinguished Not one Russian troop left Afghani- and we have caught them, we have the colleague. stan. And, yet, in terms of contract intelligence on it, the President looks In that enterprise, I have spent sanctity and our trade policy, our ex- at it, makes his own evaluation and countless hours in committee methodi- port policy was like shattered glass. I says, yes, I believe it is true. I hereby cally and hopefully meticulously de- tell you who paid the price. It wasn’t make that determination, and this bating these issues. This is a very im- Russia. The fact is they were becoming same company is listed on the New portant issue to me. more dependent on our food supply,

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8387 and the Russian people were demand- Second, the China nonproliferation a different matter. But tied to this par- ing more in that regard because of a act requires the mandatory—I have it ticular effort, it represents the death of higher protein diet. in caps, in a higher type case here, to I don’t know how many years of work It was the Kansas wheat farmer and underline it—imposition of sanctions in regard to PNTR. I think Senators farmers all over this country. Our ex- rather than allowing the President the must understand a vote for this amend- port policy suffered for years after- discretion in determining whether ment, or any amendment, serves ulti- wards. It took us 2 years after that to sanctions or some other response will mately as a vote against PNTR. get any contract sanctity. The price of promote our U.S. goal. It will be a tough vote for many of wheat at the country elevator in Dodge The measure requires the imposition my colleagues simply because, as the City, KS, went from $5 down to about of the full complement of U.S. sanc- Senator has pointed out, that is our $2. Boy, did we feel good, except that tions for even minor infractions in- first obligation. That is why we are Vietnam veteran who went out there to stead of mandating a predetermined here. It is such a serious issue. harvest his field and who had a good one-size-fits-all response. It seems to I am much more discouraged by the crop all of a sudden found it diminished me that history and prudence tells us thought of explaining to the American in value and price. He was wondering that the President’s hands should not people why we failed to rise to the oc- and scratching his head: Wait a be tied. Flexibility is a must when casion and remain economically and minute, these sanctions are not helping dealing with sensitive foreign policy diplomatically engaged with one-fifth quite the way I thought they would. issues. of the world’s population. I think that I am saying again that sanctions The thought occurs to me that if we course of action would help us in re- simply don’t work as a foreign policy are unhappy about the President not gard to our national security. tool. Unilateral sanctions are often using all the venues, all of the opportu- I took some notes while I had the used as an easy substitute for the hard- nities, and all of the various means at privilege of being the acting Presiding er work of finding more effective and his disposal to send strong messages to Officer, and perhaps this will be a little long-term responses to foreign policy China in regard to this specific issue, redundant. Hopefully, it will be helpful. problems. They create the false impres- we might want to quarrel with the Senator THOMPSON said the reason he sion that these problems have been policies and the recommendations and has introduced the amendment, he has solved. We need to take, it seems to the actions of the President—not im- told all of us—especially those privi- me, a harder look at alternatives such pose more unilateral mandatory sanc- leged to serve on the Senate Intel- as multilateral pressure and more ef- tions that, quite frankly, might be fol- ligence Committee, Senate Armed fective U.S. diplomacy. lowed up by more wrong-headed policy Services Committee, bipartisan com- The Senator from Tennessee indi- decisions, say, by the Executive. mission, and virtually all Members of cated what time we had in regard to First, this amendment is redundant. the intelligence community—that we multilateral pressure in regard to A substantial body of law already ex- have a problem here in regard to the China. He makes one excellent point: ists in regard to governing the real pro- real, certain spread of weapons of mass We have not been successful to the de- liferation of weapons. The President al- destruction and selling these weapons gree that we should have been. ready has authority to adequately re- to rogue nations. We don’t call them More effective U.S. diplomacy. Let’s spond and report to the Congress on rogue nations anymore; we call them see, 18 months ago, or 2 years ago, we this issue, on this concern, which is nations of concern. I am not too sure were going ahead with this trade agree- real, about China and other nations. what the difference is. We all know ment. We worked on it for years. All of Examples include the Arms Export who they are. a sudden, it was pulled back. Then we Control Act. I know the criticism will The Senator from Tennessee is ex- got into a conflict in regard to Kosovo. be; we haven’t done that. Let’s get actly right. He says the problem is get- We had the unfortunate incident of the back to the people who are imple- ting worse. He refers to Pakistan and Belgrade bombing. I am going to be menting the policy. It is certainly not says, What do we do about it? Then he very frank. This is after about six the alternative that is there. says the Chinese have violated vir- times of drawing lines in the sand in Second, the International Emergency tually all the agreements we have en- regard to Bosnia and Kosovo, the Bal- Economic Powers Act. tered into with them prior to this date. kans, and the former Yugoslavia. Third, the Nuclear Proliferation Pre- I am not sure they have violated each It seems to me that our word in re- vention Act. All those are on the and every one, but obviously we have gard to standing firm with what we books. not reached the progress we would like would do in reference to foreign policy Fourth, the Export Administration to reach with the Chinese. objectives would go a long way in con- Act. He says, How on Earth can we claim vincing the Chinese, more especially Fifth, the Export-Import Bank Act. the need for a national missile defense the hard liners and the Communists in And many others too numerous to when these adversaries are causing the that country, that we mean what we list. You can go on and on. proliferation of weapons of mass de- say. It seems to me that a clear and ra- Let’s utilize and enforce the laws al- struction? tional and defined foreign policy of the ready on the books instead of hastily Excellent point. United States where we define pre- creating new statutes without properly Then he indicated that he could read cisely what our U.S. vital national se- studying the issue in the committee a considerable amount of the intel- curity interests are and make that process, although, the Senator from ligence reports—the itemized situation very clear to the Chinese would go a Tennessee has spent many long hours there in regard to the nations of con- long way to helping this matter rather on this subject area. I truly appreciate cern and the spread of weapons of mass than sanctions. that. destruction. Let me point out that unilateral eco- Finally, it seems to me we must de- That is true. But my question is, How nomic sanctions almost never help the feat this amendment because of the ob- can killing trade answer that chal- people we want to help and almost al- vious: Its success will kill the effort to lenge? How can killing this bill answer ways fail to bring about the actions achieve trade concessions with China. that challenge from a practical stand- that we seek to promote. By acting It will kill the PNTR. My former House point? With our competitors all over alone, America only ensures that its colleagues have assured me. I know it the world and the concessions we have responses are ineffective since the tar- is easy to say let’s pass it and see. In arranged for in this trade bill, how can get country can always circumvent a my view, in talking with people on taking those sales away from American U.S. unilateral sanction by working both sides of the aisle on this issue, businesses, American farmers, and with one of our competitors. That cer- from the Speaker to the rank-and-file American ranchers help this situation? tainly will be the case and would be the Members of the House, this is a killer I don’t understand that. I understand case with regard to China. Unilateral amendment. the means, but I don’t understand the sanctions should be one of the last I also know the Senator from Ten- end. tools out of America’s foreign policy nessee has tried for a free-standing If nothing else happens, China will toolbox—not the first. amendment. I understand that. That is become a member of the WTO and one-

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8388 CONGRESSIONAL RECORD — SENATE September 12, 2000 fifth of the world’s population will be a book, but I read a portion of it. It is a think that is a major problem, in light market to all the rest of the popu- chilling book. Equal superpower status of the fact there are additional items lation, except the United States, and with the United States. I think they in our bill which help which are not on our competitors will take those mar- probably wrote the last chapter after the books now. kets. Kansas sales will not go to China; we were involved in the bombing of the But in terms of the trade that we they will go to our competitors. I don’t embassy in Belgrade because they would be losing, if that is the case, we understand how that affects the Chi- worry about NATO going outside of its would be losing it now if the President nese decision in regard to these mat- boundaries and taking action like this. was applying the law the way he is sup- ters of grave national concern. I think that crosses the T’s and dots posed to apply the law. It is already on Will the Chinese change their mili- the I’s. I am not saying that was a one- the books. Suppose it was not. Do we tary policy? I doubt it. I have no illu- for-one cause, but I think that cer- really want to be sending munitions sions. I share the Senator’s concerns tainly was the case. If we don’t remain list items and dual-use items to compa- about Taiwan. I have been to Taiwan engaged with trade, it will turn that nies we find are proliferating? Can’t we several times. I share the concern in decisionmaking over to those very peo- stand to lose that trade? We are not regard to human rights. I share the ple. talking about Kansas farmers. We are concern, as I have indicated, about the Let’s say we pass the Thompson not talking about Tennessee farmers. spread of weapons of mass destruction. amendment, the House doesn’t take We are talking about those folks in I sit on those subcommittees. I am the bill up, and PNTR is dead. We sure this country—if you are in the business worried about the espionage. showed them. We showed them. Basi- that would be affected by the muni- I worried a great deal 2 years ago cally, the Chinese hardliners will gain tions or the dual-use items that have when the distinguished Senator from ascendancy, the Chinese will buy some either domestic or military capability, Tennessee led the effort to have a little Ericsson cell phones, and the Chinese you would be affected if the President transparency, to shine the light of will buy French wheat and the Airbus decided he wanted to go that route. truth into darkness in regard to the aircraft. The President will still have That is the limitation. I think it is campaign contribution violations in- the options he should be using right over $1 billion a year in exports that volving China. He was stymied in that now to convince the Chinese we ought we have in a $9 trillion economy. Can’t effort—we won’t go into that—and to be making progress on this, but we we afford that in light of this threat? tried very hard to reach a logical con- won’t be trading with Chinese. It seems Can’t we afford that? clusion. to me that is the question. My friends on the other side say this The Senator mentioned it is our pri- I thank Senator THOMPSON for mak- is a killer amendment. Let’s analyze mary obligation in regard to national ing this such an issue of concern and that for a minute. I submit to you that security. I agree. But it seems to me, having what I think has been excellent is not the case. It is being used, but it again, a partial answer is a clear for- dialog and debate. I share his concern is not the case. eign policy. about the national security risk this The House of Representatives passed I am very hopeful with a change of poses. I do think this is the wrong way PNTR by about a 40-vote margin—more administration we can achieve that, so to get it done. I think this is a killer than anybody thought. All of us in this that the Chinese fully understand what amendment. It is as simple as that. We body have had a chance to express our- is acceptable and what isn’t in regard have come far too far in our efforts to selves, and the votes are overwhelming to our national interests. It is not only engage the Chinese with trade and, yes, here. The support and the leadership in China; it is all nations of concern. As a with a serious national policy dialog the House is solid. You cannot stir with matter of fact, this administration has with regard to our national security, to a stick the lobbyists in support of it already announced we have exempted go down this road. around this town. The fight is over. We food and medicine sanctions in ref- I yield the floor. are going to have PNTR. The idea that erence to all these nations of concern. The PRESIDING OFFICER. The Sen- we would send it back to the House They have not gone ahead and said ator from Tennessee. with a proliferation amendment on it that we can compete with our competi- Mr. THOMPSON. I ask unanimous and people will say, ‘‘My goodness, we tors and use our export credit pro- consent I may have 10 minutes. are trying to do something about Chi- grams, which is another step. Right The PRESIDING OFFICER. Without nese proliferation. We can’t have that. now, with Iran we are trying to work objection, it is so ordered. I voted for it before but I am going to this out as best we can. Obviously, we Mr. THOMPSON. Mr. President, I change my vote now and vote against have a lot of concerns about the nation thank my colleague from Kansas for it,’’ is ludicrous. of Iran. the level of his debate. This is a good People say: Who is going to change So it involves all of the nations. The discussion. This is what we ought to be their vote? With that 40-vote margin, same thing with Cuba. You can make doing. This is what we should have who is going to change? Is it going to the same argument with Cuba, except been doing for some time now. These be the Republicans because we added a obviously Cuba today does not pose a are legitimate problems and legitimate proliferation amendment? Of course national security threat. We hear the disagreements. not. Is it going to be the Democrats be- same arguments with regard to sanc- But let me disagree with my good cause the labor unions are pressuring tions. friend on a couple of very important them? When the Democrats are so close Trade is not a productive way to points. The trade we talk about here, to taking back control of the House? achieve foreign and military policy the only trade that would be stopped When the labor unions have already goals. I mentioned the Carter embargo. by my amendment, is trade that is al- lost this PNTR battle, and they know I will not go back over that. The issue ready prohibited in other legislation. It it, they are going to put their members is in regard to all of the reports. Send is trade that is basically on the muni- in that kind of position so they can go strong signals. We should be willing to tions list; that is, armaments and into the election with a vote for it and take a strong stand. We should be able things of that nature, munitions and a vote against? to draw a line in the sand and have rea- dual-use items. Under the Export Ad- With all due respect, that is not sonable policy discussions with the ministration Act, if these entities are going to happen. If we add a prolifera- Chinese. caught proliferating, it is already re- tion amendment and do what we should If we don’t have that kind of engage- quired that we stop that. We are cer- have been doing a long time ago—and ment with the current leadership in re- tainly not arguing, are we, that the say we are just going to ask for a re- gard to trade, to whom does it turn President should not enforce that law? port, and if we catch you, we are going over the decisionmaking? Who gains It is already on the books. The worst to give our President the clear option ascendancy if we kill PNTR? I will tell that can be said about ours is that it is to do something about it or, if he does you who it is: It is the two generals duplicative. not, he is going to have to tell us why— who wrote the book on how they can I have had a lot worse things said if it went back to the House, it would gain supremacy with the United States about things that I have done than be ratified within 24 hours and that by the year 2020. I haven’t read all the that I have been duplicative. I hardly would be the end of it.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8389 We are not going to know until it PRC for the sale of M–11 missile equip- case. There is a notion here that this happens. If we are so intent on avoid- ment to Pakistan in violation of the bill ought to be sent, right or wrong. I ing what I consider to be a minute risk Missile Technology Control Regime. happen to think that he is exactly that we will turn a blind eye to what is Over a year later, Beijing backed down right. There is also the implication going on because we are so intent on by agreeing not to export ground-to- that if you do not agree with this this trade agreement that we cannot ground missiles if sanctions were lift- amendment, you do not care about even do the minimal of requiring an ad- ed. They entered into this agreement these things. That is not true, either. ditional report, requiring some addi- in order to get sanctions lifted. I won- We do separate things. There are seven tional congressional involvement and der why they wanted those sanctions or eight bills now in place. making it a little tougher for the lifted—because they were having no ef- The Senator says we are not going to President to game the system—the fect? And that occurred in 1994. tie the President’s hands and then on way, quite frankly, this President Some of these examples were pro- the other hand says this is going to has—then we have bigger troubles than vided to me by Sandy Berger, the Na- force the President to do something. I think we have. tional Security Adviser, to illustrate We need to get it clear. How can this help? My friends ask: how unilateral sanctions and/or the I wanted to make the point that How can this help? I will ask a ques- threat of sanctions have been effective there is no evidence that people do not tion. Why is the PRC so against this when dealing with the PRC in the past. care about these things. They do, in- amendment? Is it because it is ineffec- The President’s security adviser op- deed. There is a belief that these issues tive or duplicative? They are against poses my amendment because he ought to be separated and we ought to this amendment because they don’t doesn’t want any complications to deal with PNTR and then deal with the want the additional attention on their PNTR. We respectfully disagree with other issue. We should not think this is activities. They don’t want the Presi- that. We certainly disagree over the ex- going to cause the President to do a dent to have it highlighted that he has tent to which they have attempted to number of things when we already have this discretion and has to give a reason do something about China’s activities, in place at least seven laws that are why he does not take action. They but they have, on occasion, taken some not being adhered to. think it will be effective. I think it will action. He cites these particular in- Those are the things on which I be effective. I think it will have an ef- stances when they have taken action, wanted to be clear. I yield to the Sen- fect on them where they will think at and he acknowledged they had some ef- ator from New Hampshire. least one more time before they do fect. The PRESIDING OFFICER. The dis- So we cannot have it both ways. We something that they know is going to tinguished Senator from New Hamp- cannot lump all this together and say be another major debate on this floor. shire is recognized. sanctions are bad, period, forever, re- That is my belief. Mr. SMITH of New Hampshire. Mr. My friend makes a good point with gardless. We can’t say, ‘‘Let’s not tie President, I ask unanimous consent to regard to the issue of sanctions in gen- the President’s hands,’’ when all of this speak on the underlying bill as in eral. That has been the source of a is discretionary. He has to make a de- morning business so as not to take termination. I do not know how many great debate for a long time. He makes time away from the Byrd amendment. times I have to repeat this. We are not some good points. But I reiterate: The PRESIDING OFFICER. Without tying the President’s hands. He can do Sanctions are not sanctions are not objection, it is so ordered. it if he wants to and he doesn’t have to sanctions. There are different kinds of Mr. SMITH of New Hampshire. Mr. do it if he doesn’t want to. That is not sanctions. We can’t lump all sanctions President, yesterday and today we tying the President’s hands. We are not in one group. There are sanctions that heard my distinguished colleague, Sen- talking about agriculture or any other differ in terms of the targeted country. ator THOMPSON, speak eloquently on general goods. We are talking about There are sanctions that differ in the whole issue of the Chinese non- dual-use items. proliferation amendment. It is inter- terms of the activity that is going to So we have a legitimate debate here. be addressed. There are sanctions that esting that no one in the Senate wants Some think we should go ahead and to give us the opportunity to amend are different in terms of the commod- pass PNTR and have no amendment ities or goods on which you are placing the legislation for fear somehow it strategy. might mess it up. On the other hand, it some limitation. We have had sanc- The PRESIDING OFFICER (Mr. ROB- did not bother the House. They amend- tions that have dealt with agriculture, ERTS). The time requested by the dis- ed HR 4444 and sent it over here, and I as he points out. They have dealt with tinguished and articulate Senator from believe the Senate has a responsibility goods in general in times past. What Tennessee has expired. we are dealing with here basically is Mr. THOMPSON. I ask unanimous to do likewise. Frankly, I believe we munitions and dual-use items. Should consent for 1 additional minute. have that right to offer amendments, we not stop that, if we catch these The PRESIDING OFFICER. Is there such as the Thompson amendment, companies proliferating weapons of objection? The chair hears none. The whether I agree or disagree with it. I mass destruction? distinguished Senator is recognized. believe people ought to vote on those Over the years when the U.S. has Mr. THOMPSON. Legitimate debate. amendments based on how they feel been serious about implementing meas- Some think we ought to pass this: No about it. ures to signal our displeasure with a complications, no amendments, no This is a very important issue. Per- foreign government’s actions, these muss, no fuss; worry about this later. manent meant permanent when I went measures have had an effect. For exam- If not now, when? I thank the Chair to school. When you say ‘‘permanent ple, U.S. economic pressure in the late and relinquish the floor. normal trade relations with China,’’ 1980s and early 1990 led to China’s ac- The PRESIDING OFFICER. The dis- permanent means permanent. I am cession to the Nuclear Non-Prolifera- tinguished Senator from Wyoming is going to touch on a number of issues, tion Treaty in 1992. In June of 1991, the recognized. including the subject Senator THOMP- Bush administration applied sanctions Mr. THOMAS. Mr. President, I want SON has spoken so eloquently on over against the PRC for missile technology to take a couple of moments. I already the past couple of days, but there are transfers to Pakistan. mentioned my concerns about the many other issues one might want to They have been doing this for a long Thompson amendment, but I have to stop and have serious reflections on time, folks. These measures led to Chi- say it is interesting that the Senator is whether or not this is really what we na’s commitment 5 months later to curious as to why there are objections want to do. abide by the Missile Technology Con- to this amendment. He ought to recall To the leader’s credit, he has given trol Regime. They systematically vio- that the Senate has already rejected us ample opportunity to have these de- late it, but perhaps, hopefully, not as three or four amendments for the same bates. As Senator THOMPSON just said, much as if they had not even agreed to reason, and that is, we want to send a one gets the feeling that it is a fore- abide by it. clean bill to the President. gone conclusion; that we are wasting In August of 1993, the Clinton admin- The idea that his is being rejected be- our time; we are basically taking the istration imposed sanctions on the cause of certain things is just not the Senate’s time for no apparent reason;

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8390 CONGRESSIONAL RECORD — SENATE September 12, 2000 that it is already in the cards; that ev- with Beijing seeking to improve bilat- situations—their companies don’t have erybody is for permanent normal trade eral relations has failed. It is time for to abide by environmental standards; relations; we do not have to worry; we a tougher approach to advance U.S. they put people in slave labor in the are just wasting time. nonproliferation interests. textile mills, or whatever, for 50 cents We waste a lot of time around here. I This is not about coming out here a day—if that does not bother you, suppose we can say some of the great- and beating up on a country. The facts then fine, don’t call your Senators and est debates of all time have taken are the facts. They threatened Taiwan. tell them. Leave it alone. They are place in this Chamber. If it is a waste They have threatened us if we interfere going to vote your way. But if it does of time, so be it, but I believe these with them threatening Taiwan. They bother you, you may want to speak up. comments should be made, and I be- have actively engaged in seeking to This amendment, the Thompson lieve they ought to be considered. If control the Long Beach naval shipyard, amendment, is very relevant. People people want to vote against the the Panama Canal, and other regions should be heard on it. Every Senator Thompson amendment, a Smith in the Caribbean, and yet we are sup- should be heard on it. amendment, or other amendments, posed to stand by and ignore this The Chinese Government realizes we they have every right to do so. If they threat, all of it in the name of free are willing to abdicate our national se- want to say proliferation matters, then trade. curity concerns to gain access to their they have a right to do so, and they Not only are we supposed to ignore meager markets at all costs. You think will have a right to vote. it, we are not even supposed to have a the Chinese are not watching this de- I applaud Senator THOMPSON for add- vote on it; we are just wasting the Sen- bate? You think they don’t know what ing this amendment to the PNTR de- ate’s time to point out that this is hap- is going on? Here is what they are bate. He has been involved in the com- pening in the world today. hearing: You know what. These guys mittee investigating some of these Maybe Senators have made up their will do anything to get our business. matters. He is able. He knows about minds, but I want to speak to the They will do anything to get our busi- these issues. It would be a shame if the American people because, frankly, I am ness. They will let us go ahead and Senate did not heed what he has ad- not sure the American people have spread weapons of mass destruction all vised them to consider. made up their minds on this issue. over the world. They don’t care about I believe one of the greatest threats Maybe they need to know. that. The United States will let us to the U.S. today is China’s prolifera- I ask you: If you are a parent with a move into Panama and threaten the tion of weapons of mass destruction— 17- 18- 19-year-old son or daughter—I people of Taiwan as long as we can buy nuclear, chemical, and biological, all have one 21 and one 18—whether or not their corn and their wheat. Man, that three—and the means to deploy them; you feel safe in providing this country is a good deal for us. not just produce them, but have the of China with permanent normal trade Boy, I will bet they are laughing in mechanism to deploy them. We do not relations; that is, giving them the best Beijing right now at this debate. But I know whether they have the will or the opportunities we can to trade with will tell you what. If it ever comes, desire. We do not deal with will and de- them and you are not worried about God forbid, to a conflict in the future, sire. What we deal with is capability. the fact that they are spreading weap- if you have a son or a daughter in that This is a fact. This is not opinion, as ons of mass destruction all over the conflict, you are not going to be laugh- ing. That is the reality. That is the Senator THOMPSON has pointed out. It world. If you are not, then I think you is a fact that the proliferation of weap- should sit silently and say to yourself: way life is. Ronald Reagan stood firm against ons of mass destruction—biological, I am going to get my way; the Senators the Soviet Union; and it worked. When chemical and nuclear—are occurring are going to vote the way I want them President Reagan told Gorbachev to today by the Chinese. It is a fact. De- to vote. But if you are not satisfied, tear the Berlin Wall down, he tore it spite words to the contrary, China con- then you ought to let your Senators down. We won the Cold War because we tinues to transfer technology to Paki- know because we are going to have a stood firm. We did not kowtow to the stan, Iran, North Korea, and Libya. vote on this in the very near future. threats and the intimidation to sell Many in this body are adamantly op- One can say: Fine, I do not care; it is products. Some wanted us to, but we posed to amending this trade legisla- more important to sell my agricultural didn’t. products to China than it is to worry tion. They argue that trade and na- Leaders in China believe the actions about proliferation of nuclear and mis- tional security concerns are not con- of this body are a foregone conclu- sile technology. nected. We should go ahead and trade sion—over and done. The Chinese have That is fine if that is your opinion, with China. We open up our country. acted accordingly by continuing to pro- but do not come to the floor and say We open up the dialog. We open up de- liferate nuclear and missile technology that it is not happening because it is bate and just ignore all the other during this whole process. It is still happening. This technology is being issues. Proliferation, human rights going on, as is evident by the latest re- transferred to North Korea, to Libya, abuses, religious persecution, and all port from the Director of the CIA. to Iran, and to Pakistan. It is hap- the other issues I plan to speak about They are still doing it. And we are still pening, and that is a fact. One can say: will take care of itself. Don’t worry going to give them permanent normal Fine, I don’t care about that; we will about China. They will not hurt us. trade relations. go ahead and feed the people who are Don’t worry about it. Just keep trading Sometimes—and I have been on both doing it, but it is a fact that this tech- with them and provide more assist- sides of many issues; I have lost de- nology is being transferred. ance. bates and I have won debates—some- The Director of Central Intelligence No one is talking about ignoring 1 times you have to have the debate. You reported on August 9 that China re- billion-plus people in the world. That is know what. I want history to judge me mains a ‘‘key supplier,’’ his words, of not what this debate is about. No one on what my position is on this issue. I these technologies, particularly missile proposes to ignore them. I do not pro- hope to God that I never ever have to or chemical technology transfers. pose to ignore them. No one proposes come back to the Senate floor and say: Some of these transfers have raised to not talk with them or not to have See, I told you so. questions about violations of the Non- relations with them. That is not what I hope tomorrow the Chinese all be- Proliferation Treaty which China we are talking about. come democrats—little ‘‘d’’—and we signed and contradictions to the Mis- What we are talking about is perma- become one big, happy world family be- sile Technology Control Regime which nently establishing these normal trade tween the Chinese and the Americans. China promised to abide by, and U.S. relations, which gives them benefits I hope that happens. laws, violations which may require that American companies do not even You know what, folks. Are you sure sanctions. have and American citizens do not that is going to happen? Do you feel China has not joined some of the have. So if you want people who are real good about that happening based international nonproliferation groups. trying to spread weapons of mass de- on what is occurring right now as we The Clinton-Gore administration pol- struction all over the world—chemical, speak? Spies spying, stealing our se- icy of ‘‘comprehensive engagement’’ biological, and nuclear—to have better crets, stealing the whole arsenal of our

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8391 weapons, and we are about to let the them. Let’s feed them. Let’s trade with I can assure you, those bills are much person who stole that—he is going to them. Let’s treat them as if they are a larger and have many more time-con- go free very shortly. We are the laugh- nice nation that does not do any of suming issues than this one. But I ingstock of the world. Unbelievable. this; ignore it all, and let Libya be a might ask you, are those bills any Yet we sit here—so many of us—with- nuclear power. That will be nice. more important than this one? I don’t out even uttering a whimper and criti- It is time that this body takes ac- think so. So why, then, are we confer- cize those of us who speak up and talk tion. I urge Members to reconsider. encing them and not wanting to con- about it, criticize us for even offering Those of you who believe that THOMP- ference here? amendments to try to stop it. SON is wrong, I urge you to reconsider Some have argued that the annual I commend Senator THOMPSON. I ad- that in the face of this debate. debate over whether to renew this was mire him. I respect him. I served with It would seem that the main argu- counterproductive. I would argue that him on that committee when he did ment against these and every other it served as one of the few constraints this investigation. I respect what he amendment that is being offered is on Chinese behavior. The fact that we has done. He is right. History will that since it was not in the House bill, had this debate in the Senate is good. judge him right. Those of us who stood as I said before, then we can’t have it At least China knows there are some of up and spoke out, history will judge us in the Senate bill. That, frankly, is an us who are concerned about it. right as well. insult to all of us in the Senate. We If we yield permanent MFN on PNTR That is all that matters because have an obligation, as I said, to amend to China, then we forever relinquish when you stand up here, you can speak if we want to. one of the few tools we have to foster and you can vote. That is about it on The proponents argue there can be no change in China, which is our agricul- the Senate floor. And sometimes you conference; that is, don’t have the tural leverage. Unfortunately, since lose. But it doesn’t mean you shouldn’t House and Senate sit down to work out 1989, when MFN was once again re- be heard. It doesn’t mean you are al- any deal. That takes too much time. newed despite the carnage at ways wrong when you lose. It doesn’t That is too much trouble. We just want Tiananmen Square witnessed by the mean you are always right, either. to pass what the House sent over, even rest of the world, the Chinese came The recent release of the State De- though they amended it. quickly to understand that the U.S. partment’s annual human rights report Are the proponents suggesting that Government valued its trading rela- states that China’s human rights the Senate will not ask for any more tionship with China above all else. It is record has worsened, not improved. Are conferences between now and the end a fact; that is how they view it. these the actions of a country that we of the session on any bill? Are we going What is of greatest concern is that a believe are going to curb their dismal to conference appropriations bills? majority in Congress, like the CEOs of record of missile and weapons of mass We do 13 conferences usually on ap- many major companies, appear to be destruction proliferation, atrocious propriations bills. But we can’t do a mesmerized by this mythical Chinese human rights violations, or honor their conference on permanent normal trade market and are willing to ignore the trade agreements signed with the relations with China? That is the proc- egregious conduct. China’s conduct United States? ess. The process calls for conferences should have, at a minimum, postponed Quite frankly, actions speak louder between the House and the Senates. China’s admittance in the WTO. It is than words—a trite expression. China Even if we conceded that it was too the kind of conduct you cannot ignore. has not even attempted to clean up its late for a conference, the suggestion You cannot ignore the atrocities that act. As Congress has debated this issue that a conference is needed is totally are occurring in this country. We don’t this year, they have not even at- inconsistent with our framework of have to ignore it. We can pass amend- tempted to clean it up because they government. ments to PNTR that highlight those know what the result will be. They When we pass a bill, it does not go to atrocities in an effort to leverage the have known all along: Free and open conference. It goes to the House. We all Chinese to stop it. I will get into some trade, and reduced vigilance. Free know that. If the Senate—given the of those in a moment. trade will facilitate the proliferation of overwhelming support for PNTR in this We are familiar with the 1996 cam- technologies and systems for weapons body—approves some commonsense paign finance scandal where millions of of mass destruction and the means to modifications, then those amendments dollars were delivered from China deploy them. Make no mistake about would eagerly be accepted by the through conduits in an attempt to buy it. Free and open trade, permanent nor- House. It would not be a big deal. If the White House. It was a big embar- mal trade relations with the Chinese, there is an argument over it, fine. We rassment for our country. We know will foster the ability of this nation, settle the argument, as we do in every that China plundered nuclear secrets China, to send weapons of mass de- conference. from our national labs and that in fact, struction around the world, and the So if we amend the bill, it goes to the according to our own intelligence agen- means to deploy them. We should House. It takes no time. The clerk cies, Chinese agents continued to steal speak up on the Senate floor about it. engrosses the amendments and sends it that technology in the United States, Frankly, we should adopt the Thomp- over. We can pass an amended bill at including from DOE labs. This is hap- son amendment. If that means it de- lunchtime, have it passed in the House pening. Countless news articles have feats PNTR, good. in time for the Members to be home for underscored China’s dangerous pro- The same technologies that create dinner; President Clinton wakes up in liferation of missile technology and Chinese space threats to the U.S. also the morning, has a little breakfast, and weapons of mass destruction to rogue enhance Chinese capabilities. We in signs the bill. Over and done with. regimes all over the world. As I said, Congress should not stand by passively What is the big deal? We make things two Sovremenny-class destroyers and watch that happen, either. too complicated around here. Frankly, equipped with Sunburn missiles, these Voting against the Thompson amend- they are phony arguments, as if this missiles were specifically designed to ment will send a green light to Red conference is going to take decades to defeat our Aegis system and our carrier China to continue to destabilize re- finish. We are going to finish the con- battle groups. That is the specific pur- gions already mired in centuries-old ference. The fact that we might add a pose of this class of destroyers. This conflicts. China’s proliferation activi- couple of amendments, whether it is represents a great leap forward on the ties have sparked a nuclear arms race proliferation or anything else, to this part of the Chinese Navy and a serious on the Indian subcontinent and have bill and that it is going to delay the threat to the 7th fleet and our allies in assisted Iran’s nuclear missile pro- conference and somehow mess up the Pacific. Are we so blinded by trade grams, not to mention Libya’s desire PNTR is nonsense, total nonsense. and the lure of profits that we can’t to become a nuclear power—a very I taught history. I taught civics. I recognize the danger to our strategic comforting thought. The Chinese are taught how a bill becomes law. I have vital interests? Are we that blind? helping Libya, Mr. Qadhafi, to become been on conferences. I am on two right In Hong Kong, only recently turned a nuclear power. I am sure that will now, the Department of Defense and over to the Chinese Government, news comfort everyone. Why not? Let’s help the Water Resources Development Act. reports over the weekend indicated

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8392 CONGRESSIONAL RECORD — SENATE September 12, 2000 that pollsters are being discouraged This vote is scheduled just a few days be- the sponsors of this bill are saying from reviewing information which fore Memorial Day, a day which honors our don’t vote for the Smith amendment— shows the declining popularity of Hong armed forces personnel who have given their it is being put around here on all the Kong’s Chief Executive. The Chinese lives for our freedom. We should heed the desks—don’t vote for the Smith amend- voices of our men and women in uniform and Government has warned businessmen America’s veterans who are asking us to ment because it will cause a problem. on Taiwan they cannot be pro-inde- vote no on PNTR for China. If we sent it over to the House, the pendence if they expect to do business Sincerely, House would have to agree that we with Beijing. The Chinese military on a FRANK WOLF, should account for our missing POWs, regular basis truly speaks of invading Member of Congress. that we ought to ask the Chinese to Taiwan, and the proliferation of mis- Mr. SMITH of New Hampshire. This help us. Don’t complicate things, don’t siles aimed at Taiwan lends credibility is from Congressman FRANK WOLF, put that amendment on. to this threat. While the Clinton ad- which is a listing of the organizations I hope the American people are lis- ministration rewards Beijing with sup- opposed to PNTR. It is not an accident tening. Don’t complicate PNTR by hav- port for MFN and PNTR and has sup- that most of the veterans organiza- ing China help us find our missing. ported military-to-military exchanges tions are opposed. They are the folks Really. Unbelievable. with the People’s Liberation Army, it who have sacrificed. The Legion, Vet- Let me share a small fraction of in- has opposed the Taiwan Security En- erans of Foreign Wars, Naval Reserve, formation that leads me to believe hancement Act which seeks to bolster Fleet Reserve, Amvets, Order of the China knows a lot more than they are the capabilities of the degraded Tai- Purple Hearts; these are the guys who telling us. It is precisely this type of wanese military and upgrade United paid the price. They are not for PNTR. information that makes it all the more States-Taiwan military relations. They have a right to talk. They have a important for the Chinese to cooperate. Most recently and, frankly, most right to be heard. They have a right to I know some people say that is just a shamefully, the Clinton administration this debate occurring. They have a bunch of baloney, the Chinese don’t discouraged members of both parties of right to say to those folks who say let’s have any information on POWs and Congress from even meeting with the not debate this, let’s just pass it: MIAs. There are numerous declassified democratically elected leader of Tai- Sorry, we paid the price; we paid the CIA intelligence reports from the 1950s wan. What an insult. I just don’t under- price to have this debate, and we that indicate Chinese knowledge about stand it. We are going to give perma- should have this debate. American POWs from the Korean war. nent normal trade relations to China, I am standing up for the American I will enter all of these in the RECORD, sell them our products and feed them, Legion and the Veterans of Foreign but let me cite a couple of them. and we are not going to offend them by Wars and the Military Order of the Central Intelligence Agency, May of talking to the leader of Taiwan. We are Purple Heart and others. I am proud to 1951, subject: American prisoners of the world’s greatest superpower. The do it. They are right. They have been war in Canton, China. It goes on to de- rest of the world, I hope, still views us right before. They have been right in scribe the sighting. June 1951, subject: as the land of liberty and the beacon of the past and they are right now. American prisoners of war in South freedom. And we are afraid to offend I conclude on six very brief amend- China. It goes on to talk about it. China by talking to the leader of Tai- ments I have already offered but didn’t Fifty-two American prisoners were in- wan? What must they think when the get an opportunity to speak on the carcerated in a Baptist church in Can- administration denies the freedom of other day because of time constraints. ton, on and on. A staff member of the assembly, that all Americans enjoy, to There is a commission that is created state security bureau in Seoul on 12 a visiting democratically elected dig- under this permanent normal trade re- February stated—this is 1951—that all nitary? Think about that. What signal lations bill to monitor certain levels of American prisoners of war were sent to are we sending? Are we not rewarding Chinese cooperation. One of the amend- camps in China, Manchuria, where they the intelligence of the regime in Bei- ments I introduced last week was were put to hard labor in mines and jing by snubbing the duly elected lead- called the POW-MIA amendment. The factories. Documented, and yet they er of the Chinese democracy? It is un- purpose is to monitor the level of Chi- don’t give us any answers. American and it is inexplicable. It just nese cooperation on the POW-MIA Prisoners of war in Communist China can’t be about money because, in fact, issue and to pass this information on is another subject. In 1961, another re- we sell more goods to Taiwan than we to the American people as part of an port; another report in September 1951. do to China. annual report the commission will American prisoners of war in Com- So why are we doing it? If we sell issue. All I am asking is that this be munist China; Chinese student had a more goods to China than we do to the part of the commission’s report, that sighting. People’s Republic, why are we snubbing we do a study on this, put it into the Whether these are true or not—I the leader of Taiwan? We won’t even report. That is all the amendment is. make no representation whether or not talk with him. What is it about this ad- I have been a longtime advocate of they are, but they have been brought ministration that makes it so eager to the POW issue. I believe the U.S. Gov- to our attention. We know the Chinese kowtow to Communist leaders? ernment should make every effort to have information as to what happened It may not be an accident. I ask account for its missing servicemen in to those people. Yet, I repeat: We are unanimous consent that this be sub- our Nation’s conflicts, all of them. I told not even to amend PNTR because mitted as part of the RECORD. am sure my colleagues would agree it is going to cause a couple of minutes There being no objection, the mate- that we have a solemn obligation to of delay over on the House side to con- rial was ordered to be printed in the these brave men and women and their ference this and get it in there. RECORD as follows: families. There are over 10,000 ac- That is a real fine ‘‘how do you do’’ CONGRESS OF THE UNITED STATES, counted for American soldiers, airmen, for the people who served our Nation HOUSE OF REPRESENTATIVES. and marines from the North Korean, and are now missing Americans. That VOTE WITH AMERICA’S VETERANS ON MEMO- Vietnam, and cold wars. The fate of is a fine ‘‘how do you do.’’ RIAL DAY—VOTE ‘‘NO’’ ON PNTR FOR CHINA many of these Americans, especially I hope Senators who oppose this DEAR COLLEAGUE: This week the VFW, the from the Korean war, could be easily amendment can look into the eyes of Military Order of the Purple Heart and clarified and determined by the Peo- the families of those prisoners and say: AMVETS, joined the American Legion, and ple’s Republic of China. I had to do this because I wanted Chi- several other veterans organizations in oppo- I have written to the People’s Repub- na’s permanent status so badly, I sition to PNTR for China. lic of China. They have basically ig- couldn’t care less whether I got any in- VETERANS ORGANIZATIONS OPPOSED TO PNTR nored my letters. They are not will- formation on POWs and MIAs; I am FOR CHINA fully coming forth with information. Veterans of Foreign Wars, Military Order going to be able to look in the mirror of the Purple Heart, AMVETS, The Amer- This is a humanitarian issue. What is quite fine. ican Legion, United States Army Warrant wrong with having an amendment that I could go on and on through 100 Officers Association, Reserve Officers Asso- says the Chinese should cooperate and more. I have them. But I am not going ciation, Naval Reserve, and Fleet Reserve. help us account for our missing? Yet to do that.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8393 Secretary Cohen, to his credit, raised the People’s Liberation Army. That is tional security, and we still ignore it. this issue with the Chinese during his where it leads—to the Chinese Com- Not only do we ignore it, but we are visit to China last summer at my re- munist leaders. being told not to debate it. quest. He raised it very forcefully. Without a doubt, PNTR will facili- According to the U.S. Defense Intel- Once again, the Chinese simply said: tate and improve the People’s Libera- ligence Agency, the PLA has estab- We don’t have any information on your tion Army’s military capabilities. The lished ‘‘sixteen character’’ policy guid- POWs. And under their breath, as they profit they will make and the money ing the mission and profits as compa- walked out of the room, they said: we are going to provide them in these nies realize from the sale to U.S. con- What the heck, we have going to get sales is going to go directly into the sumers. Specifically, these companies PNTR anyway. Why bother? It is a technology spread of weapons of mass wish to profit from the manufacture of foregone conclusion. destruction and improve their military ordinary consumer goods to pay for the They make billions and billions of capabilities, which—may God forbid development and production of weap- dollars in trade with the United States. and I hope not—may be used against us ons; subsidize and profit from these in- Shame on us if we fail to demand that in the future. dustries in times when the PLA does they provide answers on our missing Experts have concluded that the U.S. not need to use their manufacturing in- servicemen. Shame on us for the sake trade deficit with China is expected to frastructure to produce defense-related of a few minutes in a conference with grow if China wins PNTR. Our deficit weapons and goods; and to seek foreign the House of Representatives—shame, will grow. That means more capital for trade and investment to modernize its shame, shame, shame. China to modernize its military. That defense infrastructure. Three-hundred and twenty-thousand is what it means. Let’s face it. Fine. According to reports in the South Chinese military personnel served in OK. We sell wheat. Great. Sell corn. China Post, the PLA has kept 1,346 Vietnam from 1965 to 1970. It seems to Great. Enjoy your profits, because let companies, dumping thousands that me pretty likely that some of those me tell you where it is going: More were not profitable for the Chinese troops could tell us something about capital to China to modernize its mili- military. what they saw in Vietnam that may tary. Think about that—dumping compa- account for 1, 2, 3, 10, or 100 of our As PLA companies gain increased ac- nies that were not profitable to their missing. We need the Chinese to tell us cess to U.S. high-tech, dual-use tech- own military. what they know. nology, they will be able to buy in- These military-owned companies Although I am opposed to permanent creasingly advanced weapons from Rus- produce and ship a wide variety of normal trade relations with China, this sia and other nations. What they can’t goods to the United States for sale to amendment would address these con- build they can buy. unknowing American consumers. cerns. And at least, if it passes, it To illustrate, the PLA navy has been What do we do? We say to them: As would be in there so that we would be aggressively improving its surface fleet long as we can sell our corn and our saying to the Chinese: Here is your by purchasing, as I said earlier, state- wheat, we don’t care. No problem here. PNTR, but at least we care about our of-the-art Sovremenny-class destroyers Regrettably, these same U.S. con- missing; help us. No. It might take a from Russia. The Chinese military’s sumers were unaware that the People’s few minutes in conference. We can’t do ability to purchase these types of Liberation Army goods they purchased that. weapon platforms poses a direct threat in 1989—do you want to know what The second amendment I offered to U.S. Navy aircraft carrier battle happened when American consumers deals with Chinese companies. groups in the Pacific and our friends in purchased goods in 1989? They helped According to the proponents of Taiwan. to fund the Chinese Communist Party’s PNTR, surrendering America’s only Is there anyone out there listening brutal crackdown and massacre of the real leverage to Communist China’s ac- with a son or a daughter on a military countless pro-democracy demonstra- tions on a myriad of national security or Navy ship in the South Pacific? You tors in Tiananmen Square. That is and human rights issues is being her- ought to be worried. You ought to be where the money went. alded as a win-win scenario for the thinking about what your Senators are Currently, President Clinton and his American people and the oppressed going to shortly do here. They are administration have impeded the proc- Chinese. This not only false, but it is going to provide the capability of the ess by which the United States mon- detrimental to the American people Chinese military to knock those car- itors and keeps track of PLA busi- and U.S. national security. riers and those destroyers right out of nesses allowing American citizens to In the zeal to gain potential profits the water with the most sophisticated fill the PLA coffers unchecked. The in- in China, we will be surrendering our technology known to mankind. We are creased trade embodied in PNTR may most useful leverage tool that can be going to help them do it. We are going only contribute to a future of more used to redirect China’s atrocious to help them do it. brutal crackdowns by the PLA and Chi- human rights, religious persecution, If somebody wants to come down nese security forces funded by unknow- and increasingly belligerent military. here and debate that and tell me that ing American citizens. The proponents of PNTR have claimed is not the case, come on down. I am trying to help American citizens that the Chinese citizens will enjoy Currently the U.S. Navy has no de- know: Don’t do it. Urge your Senators economic prosperity and eventually fense—none—against the Sunburn mis- to vote against this. democratic freedoms. sile which the Sovremenny destroyers I propose at the very least that the Both of these assumptions are uncer- of the Chinese military could use Senate consider and accept a simple tain. However, what is certain and can against U.S. aircraft carriers with 3,000 commonsense amendment, which I am be tangibly observed right now is that or 4,000 people, and some have as many offering, which would allow the De- the PLA and their companies—many of as 6,000 people. It is a vulnerable city fense Intelligence Agency of the United them increasingly high-tech in scope— out there with your sons and daughters States and the FBI to monitor and re- are eagerly anticipating the benefits on it, and we are helping them to have port to Congress on the activities and and profits of increased exposure to the capacity to knock it out. national security assessments and im- American consumers in the United While many have opted to dismiss plications where U.S.-consumer-gen- States. It is almost ‘‘laugh-out-loud the national security risks that will erated money is being directed within funny’’ to hear people say those compa- accompany China PNTR, our own in- the PLA. That is all my amendment nies in China don’t have anything to do telligence apparatus—that is the worst asks. with the Government, that they are part of this for me to deal with. Our I believe the American people would private companies. Hello. Private com- own intelligence has identified the be aghast if they knew that their hard- panies in China? Maybe you ought to threat the United States faces from earned money was greasing Communist look at the Lippo flow chart, and how trade. They have told us. It is not an China’s brutal crackdowns, dangerous all of that works, and find out where it opinion. They have directly told us saber-rattling toward the democratic leads. Where does the trail lead to all trading with China threatens our na- island of Taiwan, and increasing the of these companies? It leads directly to tional security. It threatens our na- credibility of the Chinese Communist

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8394 CONGRESSIONAL RECORD — SENATE September 12, 2000 Army’s weapons of mass destruction as don’t amend it. If we amend that we standards and regulations. No problem. top generals in Beijing threaten to va- have to confer with the House—it We don’t want to slow it down. porize cities on the American west might take a couple of hours, who That is what my amendment does. If coast should the U.S. come to the de- knows—to come to a conclusion. No you feel it is fine that China continues fense of our democratic friends in Tai- amendments. We don’t want to delay to pollute at a 75-percent higher rate wan. this. But look at the long-term impli- than any other country in the world, That is an eye opener. Not a com- cations. for the most part you don’t care, you forting thought if you live on the west Another amendment that I have of- want to keep right on trading with coast. fered, No. 4, is in the area of environ- them and keep on making profits, keep As this Nation’s top decisionmakers, ment. I serve as the chairman of the on feeding them, fine. I believe the American people deserve Environment and Public Works Com- Former U.N. Ambassador Jeane Kirk- to have a Congress that watches out for mittee in the Senate. I will briefly ex- patrick once criticized my colleagues their best interests. Sometimes in the plain this. In America, if you run a across the aisle on the Democrat side short run what one thinks is in the business, there are environmental reg- for their tendency to ‘‘blame America best interests are not the best interests ulations; strict, EPA-regulated laws first,’’ for their belief that there must in the long run; it is nice to make a lit- that you have to abide by. It costs be something wrong with this great tle profit on the sale of food, but look money. I am not complaining. I think Nation that causes the world’s ills. at the long run. some of the environmental regulations Keep that in mind when you consider I know I am not supposed to be up are good. Some have been a little bit my amendment. If laws such as the here taking all this time to talk about too harsh. On the whole, the Clean Clean Air Act and the Clean Water Act this. ‘‘Permanent’’ is a long time after Water Act, Safe Drinking Water Act, are necessary for the environmental this debate—a long, long time. Once the Clean Air Act, all the bills and laws health of this Nation, shouldn’t they be the damage is done, recovery is going we have passed through the years have beneficial to China as well? Do we real- to be difficult. been effective in cleaning our air, ly want to make a profit so badly that I have an amendment regarding space lands, and water. I think companies we are willing to say let those people and the implication of the Chinese and now realize that. live in that filth, in that dirty air; let what PNTR will do to that. Space is of However, it has cost a lot of money. that dirty air move out of China and huge importance. Whoever controls the We have accepted it. Why do we want across the ocean and into other parts skies in the future, I believe, is the to allow the Nation of China, which we of the world? Do we really want to winner in the next war. The U.S. is be- are now giving permanent normal make a profit that badly? If we do, coming ever more reliant on space ca- trade relations to, to not enforce any shame on us. pability, especially in the areas of com- environmental laws? Why do we want I have two more amendments. mand and control. While we are ahead to say to China, you can produce a No. 5, one of the most shameful expe- of any potential rival in exploiting product, dump it on America’s market riences regarding human rights viola- space, we are not unchallenged, and to one-third or one-fourth, or one-tenth tions in the country of China. I have our future dominance is by no means of what we can sell it for, and not have already heard the argument and been assured. We have already observed to abide by any of the environmental told by colleagues, don’t offer this major national efforts to conceal the regulations? amendment because we don’t want to Indian and Pakistan nuclear tests and China is part of the world. America is delay the process again. I think the the North Korean space launch capa- part of the world. The atmosphere and picture that I am showing is not pleas- bility from U.S. space assets. It would the oceans and the land are all part of ant to look at. I don’t like to look at be naive to think our adversaries are the globe. Why do we let them off the it. But the American people need to see not considering and capable of a wide hook? Why do we punish our people and this picture. My colleagues need to see range of methods to counter U.S. mili- not even ask that the Chinese be forced it. This amendment that I am offering tary muscle in general, and our current to somehow abide with basic environ- seeks to improve the quality of life for space advantage, in particular. mental laws? That is why we need this orphans such as this little girl who are A 1998 report said, one, China is con- amendment. It simply says that the currently waiting to be adopted out of structing electronic jammers that can Commission will monitor the lack of Chinese orphanages. What a horrible be used against our GPS receivers; two, environmental regulations and use experience, to be a child in a Chinese China’s manned space program will that as leverage for when we trade with orphanage. contribute to an improved military them. What are we saying? No problem, no space system. Here again, the same old argument: problem, that is China. We need to sell We hear the argument in the United Let’s not debate it. Let’s not add it on. our wheat, man. We need to sell our States, let’s not put weapons in space. Don’t vote for the Smith amendment corn. We need to make a profit. We will That is exactly what the Chinese are on environmental regulations because just ignore that. That will take care of doing. That is their goal. We will help we may have to go to conference and it itself. Don’t worry. them do it. We will help them out. might slow the bill down. What would happen if that was an or- Feed them, trade with them, have Why is the environment such a dis- phanage in the United States? We all them make some money, and help aster in China today? The answer is know what would happen, and justifi- them to move right on and get their simple: Because the people in China ably so; it would be shut down. The technology into space while we sit don’t enjoy political and economic Government would be in there like hor- back and argue whether or not we freedom. They don’t have any choice. nets, as well they should be. should militarize space. They have no choice but to breathe But we are not going to worry about I will not go into all of the argu- that filthy air. Per capita emissions in it, it is China, it is not our country. ments on that other than to simply say China are 75 percent higher than in We can’t shut their orphanages down. this amendment directs the Congres- Brazil which has an economy of similar I am not proposing to do that. But we sional Executive Commission on the size. The difference is, communism can monitor it and we can say to the People’s Republic of China, which was doesn’t work. A prosperous economy Chinese if PNTR passes, you keep this created in the House language, to mon- and healthy environment can go to- up and we are not going to trade with itor—that is all I am asking—a number gether. A free people wouldn’t consent you. of important issues so that we can re- to this type of environmental disaster. But, oh no, that might mess up the port annually on Chinese space capa- We shouldn’t consent to it, either. But deal. This amendment would encourage bilities and the activities that affect we are. We are saying: No problem, the Chinese Government to provide the development. All we are asking in don’t want to have a conference, don’t specific data such as the survival rates this amendment is it be monitored as want to waste any time, don’t want to of orphans—like this young lady, cer- part of this Commission. take an extra day or two to add an tify that orphans are receiving proper Again, same argument; same old amendment here that says we will medical and nutritional care, and show story: Don’t waste the Senate’s time, monitor China’s lack of environmental that all efforts are being made to help

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8395 the children—particularly those with back room under a pile of clothes and ecuted routinely and their organs are special needs, who are the ones who are they shut the door. sold to people willing to pay as much the most punished in these orphan- This is a picture of her at 10 days as $30,000 for a kidney. Human rights ages—to be adopted into loving homes without food or water—in an orphan- organizations estimated at the time by way of Chinese international or U.S. age. She lived another 4 days just like the ABC documentary aired, that more adoption agencies. this and then she died. The orphanage than 10,000 kidneys alone—not to men- How can we ignore this? How can denied that she even existed. They said tion other organs—from Chinese pris- anybody in good conscience say: Sen- she was never there, this Chinese Gov- oners had been sold, potentially bring- ator SMITH, you are right, this is a ter- ernment that allows this, the Govern- ing in tens of millions of dollars. Guess rible atrocity but we are not going to ment that allows this to take place. where those dollars went? To the Chi- put this on the bill because it might The only remaining memory of Mei- nese military. That is where the money delay the bill and it might cause a Ming—let’s hold it up here—the only went. problem with the Chinese and we might remaining memory of Mei-Ming is this The Chinese Government, as it does not get PNTR passed. How can you say photograph right here. I say to my col- with most human rights abuses, denies that? leagues, in the name of Mei-Ming: that this happens. My amendment sim- The conditions of millions of orphans Please, agree to this amendment; agree ply requires the commission, under in China are deplorable, just like this. to this amendment. Let the House take permanent normal trade relations, to Many Chinese people want—and frank- a few minutes to add language in there monitor this, to try to secure as much ly feel they need—to have a baby boy that the Commission, in the name of information as they can so they can re- with the expectations that a son will Mei-Ming, could report on this kind of port on it annually as we continue the take care of them when they are old. A atrocity as you reap your profits. Is process under PNTR. son carries the family name. It is con- that asking too much? It is important to keep in mind that sidered honorable to have a son. Not so Some orphanages in the 1990s had China has no rule of law, therefore with a girl. A girl is expected to grow death rates estimated as high as 90 per- prisoners are subject to arbitrary ar- up and leave the family with her hus- cent. I have heard reports that, since rest and punishment without any due band and will not care for her parents the public scrutiny of the last decade, process. Can you imagine a young man when they are old. If a Chinese woman the conditions in the Chinese orphan- or woman being arrested, not told what bears a baby girl, many times they will ages have improved. I would like to they are charged with, because there is drop her off anonymously at an or- thank the Chinese Government if that a need for an organ, to be shot in the phanage, abandon her, kill her out- is, indeed, true. But it would be nice to head, executed with no due process, no right, or throw her into the garbage. Or have this as part of the language, to trial, and then their organs are do- even worse, as I think Senator HELMS find out. nated to somebody who is willing to is going to talk about shortly—abort The last amendment and then I will pay $30,000 to the Communist Chinese the child without the consent of the not delay the Senate any longer, Sen- Government. mother. ator BOB SMITH will no longer hold up Pretty bad. After the Tiananmen It is unbelievable what these little the Senate business, you will be able to Square massacre in 1989, when peaceful children suffer. Some are lucky and pass PNTR, ignore all these things, ig- student protesters, including the sons they get adopted, but believe me, not nore all the amendments and we will be and daughters of the Communist Par- many. Americans have adopted 20,000 able to move on and make our profits. ty’s elite, were mowed over by PLA Chinese baby girls. Some babies leave Just a few more minutes. tanks, there are far fewer dissidents in China for America every month. How- Organ harvesting in the People’s Re- China than there were 11 years ago. It ever some of these little girls and baby public of China. You think that’s bad? is pretty tough to speak up against boys with special needs are left to lan- It is bad. Let me tell you about organ China. Do you want to go to jail for guish and die in dark rotting rooms in harvesting. publicly speaking out against the Gov- state-run orphanages in China. In America what organ harvesting ernment? That is the good news. The How can you ignore it? How can you means is in America you are willing to bad news is you will be shot in the head come down here and say we are going donate your kidney to your sister or and your kidneys, your heart, and to ignore all this and give them perma- brother or mother or dad; or your heart other organs will be donated to some- nent normal trade relations? when you die in an accident you give so body in the Chinese military. One of my constituents, a young cou- someone else may have life. That is ABC’s report also found that Chinese ple, came to me a few months ago. organ donors. nationals living on student visas were They were here on a green card. They Organ harvesting in the Peoples Re- harvesting these organs to Americans. said: Senator, if I go back, I am preg- public of China, sponsored by this Chi- Hello? That is right, harvesting these nant, they have told me they are going nese Government that we are so hell- organs to Americans and other for- to abort my child. I want my child. bent to help—let me tell you what they eigners who have the funds to make a One of the greatest experiences I do. They take prisoners—we are not $5,000 deposit, who then travel to China have ever had was crying with them talking about murderers here, we are to the PLA, People’s Liberation Army, when we got their deportation blocked talking about prisoners who have, for hospital where they receive the kidney and she had that baby right here in the most part sometimes minor transplant. The kidneys are tissue America. You cannot ignore this kind crimes—and they take their organs so typed, and the prisoners are also tissue of horrible atrocity. they can place them in the military of- typed in order to achieve an ideal Many of these babies were not even ficers or other high, important people match. fed or given water. Some are starved to in the Communist hierarchy. Can you imagine the horror of being death. Why is it so bad? Why is it so In 1997, ABC News televised a very thrown in jail for a political crime— harmful, I plead with my colleagues, to shocking documentary on the practice speaking out against the Government, say let’s ask the Commission to report of organ harvesting in Communist perhaps—and having your tissue sam- on this in PNTR? It is not so bad. Is China. The documentary—this is ABC, ples taken, knowing full well what it is that so terrible that maybe the House now, not BOB SMITH talking—depicted for, then to be summarily shot and has to agree with me and the conferees prisoners who were videotaped lined your kidneys sold perhaps to an Amer- have to agree and send it back over for up, executed by a bullet to the head— ican? There is no way anyone in the another 5 minutes of debate? Really? a technique of execution which unlike Senate or the House would not recog- This baby girl is Mei-Ming. Do you lethal injection preserves the organs nize the name of Harry Wu, the re- know what Mei-Ming means in China? for harvesting. nowned human rights activist and Chi- ‘‘No name.’’ She was discovered in one Don’t tell me it doesn’t go on and nese dissident who was arrested in of these orphanages in 1995 and, accord- don’t tell me you are going to ignore China, detained, and finally released. ing to the orphanage staff, Mei-Ming it, because it goes on, it happens. Prob- Thanks to the work of the Laogai Re- became sick. They had no medication ably right now as we speak. This docu- search Foundation, we are aware of on- for her—none. So they put her in a mentary claimed that prisoners are ex- going Chinese engagement in organ

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8396 CONGRESSIONAL RECORD — SENATE September 12, 2000 harvesting of executed prisoners. I will The PRESIDING OFFICER. Without (1) The trade deficit with the People’s Re- not go into any more detail on this. objection, it is so ordered. public of China in advance technology prod- In conclusion, we are talking about The amendments are as follows: ucts for 1999 was approximately $3.2 billion. (2) The trade deficit with the People’s Re- the most unbelievable and atrocious AMENDMENT NO. 4134 public of China in advance technology prod- violation of human rights. I have just (Purpose: To direct the Securities and Ex- ucts for 2000 is projected to be approximately identified six. There are dozens more. I change Commission to require corpora- $5 billion. did not want to come down and offer 40 tions to disclose foreign investment-re- (b) REPORT.—Beginning with the first busi- amendments. I believe I made my lated information in 10–K reports) ness day in January of the year 2001 and on point. I had about 20 of them identified, At the appropriate place, insert the fol- the first business day in January of each lowing: year thereafter, (or as soon thereafter as the and we were looking at another 20 data becomes available) the President shall more, but I said I am going to take SEC. . FOREIGN INVESTMENT INFORMATION TO report to the Congress on the balance of BE INCLUDED IN 10–K REPORTS. some of the worst. I do not support trade between the United States and the PNTR, but all I am asking is for those The Securities and Exchange Commission People’s Republic of China in advanced tech- shall amend its regulations to require the in- nology products for the previous year. of who do, allow these amendments— clusion of the following information in 10–K the proliferation amendment of Sen- (c) COMMITMENTS FROM CHINA TO REDUCE reports required to be filed with the Commis- DEFICIT.—If the President reports a trade ator THOMPSON and the other six sion: deficit in favor of the People’s Republic of amendments I have outlined, and (1) The number of employees employed by China under subsection (b) in excess of $5 bil- maybe others as well. Allow them to the reporting entity outside the United lion for any year, the President is authorized pass. What harm does it do? Take a few States directly, indirectly, or through a and requested to initiate negotiations to ob- minutes and go to conference for the joint venture or other business arrangement, tain additional commitments from the Peo- sake of people such as this little girl or listed by country in which employed. ple’s Republic of China to reduce or elimi- (2) The annual dollar volume of exports of somebody right now who may be fat- nate the imbalance. goods manufactured or produced in the (d) 6-MONTH FOLLOW-UP.—The President tened up for execution for kidneys. United States by the reporting entity to shall report to the Congress the results of It is time that America wakes up and each country to which it exports such goods. those negotiations, and any additional steps understands what is happening in the (3) The annual dollar volume of imports of taken by the President to eliminate that world. I know some are going to say goods manufactured or produced outside the trade deficit, within 6 months after submit- this is Smith again beating on China. United States by the reporting entity from ting the report under subsection (b). It is not a matter of beating on China. each country from which it imports such AMENDMENT NO. 4137 These are facts. These are not opinions. goods. (Purpose: To condition eligibility for risk in- These are facts. These are documented. AMENDMENTS NO. 4135 surance provided by the Export-Import Every single thing I read to you, every Bank or the Overseas Private Investment single thing I said to you is docu- (Purpose: To authorize and request the President to report to the Congress annu- Corporation on certain certifications) mented from proliferation to organ ally beginning in January, 2001, on the bal- At the appropriate place, insert the fol- harvesting. It is documented. ance of trade with China for cereals lowing: The issue before the Senate when we (wheat, corn, and rice) and soybeans, and SEC. . RISK INSURANCE CERTIFICATIONS. vote on PNTR and on these amend- to direct the President to eliminate any Notwithstanding any other provision of ments is very simply this: I am against deficit) law to the contrary, and in addition to any PNTR and not going to vote for any of At the appropriate place, insert the fol- requirements imposed by law, regulation, or it, which is fine, that is my position. lowing: rule, neither the Export-Import Bank of the United States nor the Overseas Private In- Or I am for PNTR and I am willing to SEC. . BALANCE OF TRADE WITH CHINA IN CE- vestment Corporation may provide risk in- REALS AND SOYBEANS. pass these amendments to at least surance after December 31, 2000, to an appli- (a) IN GENERAL.—Beginning with the first monitor these kinds of atrocities in an cant unless that applicant certifies that it— effort to stop them. business day in January of the year 2001 and (1) has not transferred advanced tech- I yield the floor, Mr. President. on the first business day in January of each nology after January 1, 2001, to the People’s year thereafter, (or as soon thereafter as the The PRESIDING OFFICER (Mr. Republic of China; and data become available) the President shall (2) has not moved any production facilities BROWNBACK). The Senator from South report to the Congress on the balance of after January 1, 2001, from the United States Carolina is recognized. trade between the United States and the to the People’s Republic of China. Mr. HOLLINGS. Mr. President, I ask People’s Republic of China in cereals (wheat, Mr. HOLLINGS. Mr. President, the unanimous consent that the pending corn, and rice) and on the balance of trade first amendment to H.R. 4444, No. 4134, amendment be temporarily laid aside between the United States and the People’s has to do with jobs and the trade def- so the Senator from South Carolina Republic of China in soybeans for the pre- icit. It says: can call up four amendments. They are vious year. short. I thank the distinguished Sen- (b) COMMITMENTS FROM CHINA TO REDUCE The Securities and Exchange Commission DEFICIT.—If the President reports a trade shall amend its regulations to require the in- ator from Tennessee and the distin- deficit in favor of the People’s Republic of clusion of the following information and 10– guished Senator from New York, the China under subsection (a) for cereals or for K reports required to be filed with the Com- manager of the bill. It is not my pur- soybeans, then the President is authorized mission: pose to debate these amendments but and requested to initiate negotiations to ob- (1) The number of employees employed by to call them up so they can be printed tain additional commitments from the Peo- the reporting entity outside the United States directly, indirectly, or through a in the RECORD. I will not consume over ple’s Republic of China to reduce or elimi- nate the imbalance. joint venture, or other business arrange- 15 minutes. ment, listed by country in which employed. The PRESIDING OFFICER. Without (c) 6-MONTH FOLLOW-UP.—The President shall report to the Congress the results of (2) The annual dollar volume of exports of objection, it is so ordered. The amend- those negotiations, and any additional steps goods manufactured or produced in the ment is laid aside. taken by the President to eliminate that United States by the reporting entity to AMENDMENTS NOS. 4134 THROUGH 4137, EN BLOC trade deficit, within 6 months after submit- each country to which it exports such goods. Mr. HOLLINGS. Mr. President, I call ting the report under subsection (a). (3) The annual dollar volume of imports of goods manufactured or produced outside the up four amendments which are at the United States by the reporting entity from AMENDMENT NO. 4136 desk, and I ask the clerk to report each country from which it imports such them. (Purpose: To authorize and request the goods. The PRESIDING OFFICER. The President to report to the Congress annu- It is not a burdensome amendment. ally, beginning in January, 2001, on the clerk will report. They report where they are working The senior assistant bill clerk read as balance of trade with China for advanced technology products, and direct the Presi- and the number of employees in those follows:. dent to eliminate any deficit) countries. I was intrigued by the report The Senator from South Carolina [Mr. At the appropriate place, insert the fol- from the National Association of Man- HOLLINGS] proposes amendments numbered lowing: ufacturers that came out today. I 4134 through 4137, en bloc. SEC. . BALANCE OF TRADE WITH CHINA IN AD- quote from it: Mr. HOLLINGS. Mr. President, I ask VANCED TECHNOLOGY PRODUCTS. Of the total $228 billion U.S. merchandise unanimous consent that the reading of (a) FINDINGS.—The Congress makes the fol- trade deficit so far this year, 77 percent has the amendments be dispensed with. lowing findings: been in manufacturing.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8397 We are losing our manufacturing ca- tember—they could be big losers if US trade navigational devices. Nearly half of all US pacity, and as Akio Morita, the former law and commercial leverage is permanently technology exports to China during the 1990s head of Sony, said some years back, forsaken in dealings with China’s unelected were Boeing aircraft and 59 percent were in the world power that loses its manufac- rulers. aerospace. But according to filings by the Advanced technology products have rep- Securities and Exchange Commission, turing capacity will cease to be a world resented a rare, consistent source of earnings Boeing’s gross sales to—and in—China have power. for the US: during the last decade alone the generally fallen since 1993. The first Chinese- The second amendment has to do surplus in global sales is Dollars 278bn. made Boeing MD90–30 was certified by the with technology and the export of tech- During the same period, US trade deficits US Federal Aviation Administration last No- nology. Our distinguished Ambassador with China totaled Dollars 342bn, and have vember with Chinese companies providing 70 worsened sharply each year. That has oc- engaged in the conduct of trade, Am- percent local content. curred in spite of numerous agreements with More troubling, with the help of Boeing, bassador Barshefsky, said before the China to end the obligatory transfer of tech- press and the Finance Committee: Airbus and others, China has developed its nology from US companies to their Chinese own increasingly competitive civilian and The rules put an absolute end to forced counterparts, to protect intellectual prop- military aerospace production within 10 technology transfers. erty and to assure regulatory transparency massive, state-owned conglomerates and re- This particular amendment is to then and the ‘‘rule of law’’. Failure to implement cently announced a moratorium on the im- these agreements goes a long way in explain- port of large passenger jets. monitor that statement: ing why the total US deficit with China has China is a valuable US partner on many The Congress makes the following findings: doubled from Dollars 33.8bn in 1995 to Dollars matters but it is also a significant commer- (1) The trade deficit with the People’s Re- 68.7bn in 1999. public of China for . . . 1999 was approxi- The US also lost its technology trade sur- cial competitor. Experience in the US with mately $3.2 billion. plus with China in 1995 and has suffered defi- deficits worsening after tariff cuts and other cits in this area every year since then. Last agreements shows this is not the time to It is estimated that it will be $5 bil- abandon strong US trade laws but rather to lion this year. So beginning with the year, US technology exports to China fell by 17 percent while imports soared by 34 per- begin to apply them, fairly but firmly. Since first business day of January 2001 and cent. The record Dollars 3.2bn technology 42 percent of China’s worldwide exports go to thereafter, ‘‘the President shall report trade deficit in 1999 may reach Dollars 5bn the US—and their value is equal to China’s to the Congress on the balance of trade this year as technology imports now cost total net foreign currency earnings—the US between the United States and the Peo- twice as much as US falling exports. certainly has the commercial means to en- ple’s Republic of China in advanced Quite simply, China is developing its own force fair trade laws. technology products....’’ export driven high-tech industry with US as- That is the type of real world engagement sistance. that can help to assure both peace and pros- If the President reports a trade deficit in A recent Department of Commerce study perity for the two countries in the future. favor of the People’s Republic of China . . . found that transferring important tech- in excess of $5 billion— Mr. HOLLINGS. Mr. President, the nologies and next-generation scientific re- next amendment is the Export-Import I want to be realistic; it probably will search to Chinese companies is required for get to that $5 billion this year— any access to China’s cheap labor force or Bank: the President is authorized and requested to market. Three of the most critical tech- Notwithstanding any other provision of initiate negotiations to obtain additional nology areas are computers, telecommuni- law to the contrary, and in addition to any commitments from the People’s Republic of cations and aerospace. requirements imposed by...the Export- The US lost its surplus in computers and China to reduce or eliminate that imbalance. Import Bank...or the Overseas Private components to China in 1990 and now pays Investment corporation.... And, of course, report. seven times as much for imports as it earns I ask unanimous consent to print in from exports. The applicant, in making those appli- the RECORD an article entitled ‘‘Rais- Compaq and other foreign computer brands cations before those entities, will cer- ing the Technology Curtain.’’ dominated the Chinese market a decade ago tify that they have not transferred ad- There being no objection, the article but now are displaced by local companies vanced technology after January 1, such as Legend, Tontru and Great Wall that 2001, to the People’s Republic of China, was ordered to be printed in the are also beginning to export. RECORD, as follows: and, two, have not moved any produc- After 20 years of ‘‘normal’’ trade relations tion facilities after January 1, 2001, [From the Financial Times (London), August with China, no mobile phones are exported 16, 2000 from the US to China. Indeed, US trade with from the United States to the People’s Republic of China. RAISING THE TECHNOLOGY CURTAIN: CHINA’S China in mobile phones involves only the BURGEONING HIGH-TECH SECTOR IS SQUEEZ- payment for rapidly rising imports that now With more time, I can go into the ING OUT US IMPORTS cost Dollars 100m a year. reason for it. I only want to substan- China has total control of its telephone (By Ernest Hollings and Charles McMillion) tiate what the distinguished Ambas- networks, recently abrogating a big contract sador said. The US faces sharply worsening deficits with Qualcomm. Motorola, Ericsson and with China in the trade of crucial advanced Nokia sold 85 percent of China’s mobile Finally, the fourth amendment has technology products. Moreover, these losses phone handsets until recently. But last No- to do with agriculture. I ask unani- are accelerating and spreading to new prod- vember China’s Ministry of Information and mous consent to print in the RECORD a ucts even after China’s tariff cuts and offi- Industry imposed import and production schedule of commodity groupings of cial promises regarding the protection of in- quotas on mobile phone producers and sub- the trade balances with the People’s tellectual property and an end to technology stantial support for nine Chinese companies. Republic of China in the years 1996, transfer requirements. The MII expects the nine to raise their mar- 1997, 1998, and 1999. Although high-tech companies are enthu- ket share from the current 5 percent to 50 siastically lobbying to end the annual nego- percent within five years. There being no objection, the mate- tiation and review of China’s trade status— The US now has a large and rapidly grow- rial was ordered to be printed in the a vote in the US Senate is expected in Sep- ing deficit with China in advanced radar and RECORD, as follows: UNITED STATES AGRICULTURAL TRADE BALANCE WITH CHINA

In millions of dollars each year— HS Community groupings 1996 1997 1998 1999

Total Agricultural Trade Balance ...... $1,512 $937 $615 ¥$218 01 Live Animals ...... 6.2 6.1 4.3 3.9 02 Meat And Edible Meat Offal ...... 64.2 61.8 53.4 58.3 03 Fish And Crustaceans, Molluscs, Other Aquatic ...... ¥179.5 ¥181.2 ¥228.9 ¥266.6 04 Dairy Produce; Birds’ Eggs; Honey; Edible ...... ¥28.2 ¥16.8 ¥11.6 ¥14.8 05 Products Of Animal Origin, Nesoi ...... ¥65.2 ¥77.3 ¥96.2 ¥93.7 06 Live Trees And Other Plants; Bulbs, Roots ...... ¥6.2 ¥2.7 ¥2.5 ¥3.7 07 Edible Vegetables And Certain Roots, Tubers ...... ¥34.5 ¥36.8 ¥48.9 ¥55.8 08 Edible Fruit And Nuts; Peel Of Citrus Fruit ...... ¥20.1 ¥20.5 ¥13.3 ¥30.6 09 Coffee, Tea, Mate And Spices ...... ¥35.6 ¥38.8 ¥45.9 ¥43.1 10 Cereals (Wheat, Corn, Rice) ...... 43.4 90.1 39.6 11 Milling Industry Products; Malt; Starches; Inulin; ...... ¥2.8 ¥3.3 ¥1.4 ¥1.2 12 Oil Seeds, Oleaginous Fruits; Misc Grain (Soybeans) ...... 366.7 355.1 224.6 288.1 13 Lac; Gums; Resins And Other Vegetable Saps ...... ¥33.3 ¥49.4 ¥70.3 ¥44.9 14 Vegetable Plaiting Materials And Products ...... ¥4.4 ¥1.2 0.2 0.5 15 Animal Or Vegetable Fats And Oils (Soy Oil) ...... 106.1 160.1 310.3 67.9 16 Edible Preparations Of Meat, Fish, Crustaceans ...... ¥23.6 ¥24.4 ¥22.6 ¥69.9

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8398 CONGRESSIONAL RECORD — SENATE September 12, 2000 UNITED STATES AGRICULTURAL TRADE BALANCE WITH CHINA—Continued

In millions of dollars each year— HS Community groupings 1996 1997 1998 1999

17 Sugars And Sugars Confectionary ...... ¥4.8 ¥7.9 ¥8.1 ¥7.8 18 Cocoa And Cocoa Preparations ...... ¥32.4 ¥42.4 ¥29.2 ¥15.2 19 Preparations Of Cereals, Flour, Starch Or Milk ...... ¥17.7 ¥16.1 ¥20.7 ¥23.1 20 Preparations Of Vegetables, Fruit, Nuts ...... ¥133.6 ¥146.2 ¥136.6 ¥118.9 21 Miscellaneous Edible Preparations ...... ¥9.1 ¥10.3 ¥8.4 ¥17.1 22 Beverages, Spirits And Vinegar ...... ¥6.1 ¥6.5 ¥6.4 ¥6.6 23 Residues And Waste From Food (Soy Residues) ...... 131.2 103.4 187.1 25.7 24 Tobacco And Tobacco Substitutes ...... ¥7.4 ¥4.2 ¥4.3 ¥2.7 41 Raw Hides And Skins ...... 115.6 134.5 157.4 126.3 520 Cotton: Not Carded/Combed ...... 728.3 575.9 118.4 ¥12.3 Source: U.S. Department of Commerce, Bureau of the Census and MBG Information Services.

Mr. HOLLINGS. Mr. President, set aside. Let me take my turn in be- amendments be in order prior to the amongst all articles, you can see, gen- hind the distinguished Senator from vote in relation to the amendment. erally speaking, China has a glut in ag- Tennessee and the Senator from West I further ask unanimous consent that riculture. Their problem, of course, is Virginia. The Byrd amendment is up, a vote occur on the pending Byrd transportation and distribution. But and I think several others. I will take amendment immediately following the there is no question that once that my turn. 11 a.m. vote and there be time between problem is solved, that 7800 million But I want my colleagues to look at 10:30 and 11 a.m. for closing remarks on farmers can certainly outproduce, if these reasonable, sensible, pleading that amendment to be equally divided you please, the 3.5 million farmers in kind of amendments so that we can ful- in the usual form. the United States. fill, as a Congress, under the Constitu- Before the Chair rules, I want to say All of the farm vote is in strong sup- tion, article 1, section 8: The Congress that if any objection is heard to this port of PNTR because they think, of of the United States shall regulate for- agreement, we will attempt to set two course, it is going to enhance their ag- eign commerce. votes tomorrow on these or other ricultural trade. The fact is there are Mr. President, I yield the floor and issues beginning at 11 a.m. only a few here—the significant ones— suggest the absence of a quorum. Therefore, there will be no further and I have picked those out; cereals— The PRESIDING OFFICER. The votes this evening, and votes will occur wheat, corn, rice—and soybeans. Yes, clerk will call the roll. at 11 a.m.—hopefully including the there is a plus balance of trade in the The senior assistant bill clerk pro- Thompson amendment in those 11 cereals—wheat, corn, and rice—but it ceeded to call the roll. o’clock votes. But if there is a problem has gone from 440 million bushels down Mr. LOTT. Mr. President, I ask unan- with that, then we will ask consent to to 39 million bushels. With soybeans, it imous consent that the order for the put in place two of the other amend- has gone from 366 million bushels, in quorum call be rescinded. ments. the 4-year period, down to 288 million The PRESIDING OFFICER (Mr. With that, I ask the Chair to put the bushels. ALLARD). Without objection, it is so or- request to the Senate. So this particular amendment states dered. The PRESIDING OFFICER. Is there that beginning on the first day of next Mr. LOTT. Mr. President, let me say objection? year: again that I think we have made good Mr. GRAMM. Mr. President, reserv- [T]he President shall report to the Con- progress. We have had good debate on ing the right to object, I have a great gress on the balance of trade between the both sides of the underlying China deal of respect for Senator THOMPSON United States and the People’s Republic of PNTR bill, and also on the amend- and the issues he has raised. The prob- China in cereals (wheat, corn, and rice) and ments. But we are reaching the point lem is these issues fit more closely on on the balance of trade between the United States and the People’s Republic of China in where we really need to pick that speed the Export Administration Act. They soybeans for the previous year. up. We need to get an agreement on have not been considered in com- If the President reports a trade deficit in what amendments will be offered, time mittee. I think they represent a very favor of the People’s Republic of agreements for them to be debated, and real problem in this bill. I think it is China...for cereals or for soybeans, then votes. And we ought to do it tomorrow. important that if we are going to de- the President is authorized and requested to Without that, certainly we will have to bate issues such as this, they be not initiate negotiations to obtain additional file cloture; and I may have to anyway. just fully debated but they be subject commitments from the People’s Republic of China to reduce or eliminate the imbalance. But I think the fair thing to do is give to amendment. The President shall [also] report to the everybody who is serious a chance to On that basis, let me yield. Senator Congress the results of those offer amendments, have a time for de- ENZI wants to be recognized. negotiations.... bate on both sides, and then have The PRESIDING OFFICER. The Sen- In a line last week, I saw the Prime votes. ator from Wyoming. Minister of Great Britain at the con- I am going to try to get that started Mr. ENZI. Mr. President, reserving ference in New York. He was all stirred with this request. And we may have the right to object, there isn’t just an and upset with respect to 1,000 cash- other requests. We are working on both amendment that is being put on. It is mere jobs in the United Kingdom. He sides of the aisle to identify amend- an entire bill—33 pages—of very impor- was really going to bat for them. The ments that really must be moved. tant information that has been story had his picture politicking, try- I just want to say to one and all that changed each and every time we have ing to convince the United States in in the end we are going to get the bill seen a copy. My staff and I on the particular not to take retaliatory ac- to a conclusion. It is going to pass. We International Trade Subcommittee of tion against his 1,000 cashmere jobs. have been fair to everybody. But it is the Finance Committee have been Here I stand, having lost 38,700 tex- time now we begin to get to the clos- working on these issues for a long tile jobs in the State of South Carolina ing. With a little help, we can finish time. We have tried to take this mov- since NAFTA—over 400,000 nationally. this bill Thursday, or Friday, or, if not, ing target and worked on some amend- According to the National Association early next week. I just have to begin to ments that could be put on it. It would of Manufacturers, we are going out of take action to make that happen so we need to be extensively amended to keep business. And I can’t get the attention can consider other issues. both national security and industry of the White House and I can’t get the I ask unanimous consent that a vote moving forward in the United States. attention of Congress. occur on or in relation to the pending On that basis, I have to object. I thank the distinguished Senator Thompson amendment at 11 a.m. on The PRESIDING OFFICER. Objec- from New York for permitting me to Wednesday, and the time between 9:30 tion is heard. have these amendments called up and and 10:30 be equally divided in the Mr. LOTT. Mr. President, I believe printed, and then, of course, obviously usual form, and that no second-degree there will be another consent request

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8399 propounded later so that we can have completely on the proposition that we trade bill because it might complicate two—the Byrd amendment and an- will have a vote on this issue. It might the trade bill. other—considered and voted on at 11 not be the exact wording of this bill, So we have gone through all of that. o’clock. but we will have a vote on this issue. Frankly, we were told from the mi- I note that the Senator from Ten- We introduced this bill last May be- nority side that our Democratic col- nessee will want to respond to the ob- cause, as chairman of the Govern- leagues were the ones who sunk—a few jection just heard. mental Affairs Committee, the com- over there were the ones who had a Let me say on that issue that I have mittee that has jurisdiction on pro- problem with this. We have discussed been supportive of the Export Adminis- liferation matters under the statute, this since May and there have been tration Act and tried several different we receive briefings, as a few commit- some changes. Anybody who wanted to ways earlier to get that to the floor. tees do, on proliferation developments, discuss this bill—and there were staff- There were problems raised by a num- for example. In that position, we have ers from many, many Senators, Demo- ber of our committee chairmen. We had numerous hearings and have been crats and Republicans, who have were not able to get that done. I think told there is a longstanding and grow- worked with Senator TORRICELLI and the Thompson amendment is a very se- ing threat because of proliferation of my staff—anyone who wanted some rious and legitimate amendment that China, primarily, and Russia and North input certainly had the opportunity to has been considered, and it should be Korea. do that for months. There have been voted on. I think we should go ahead We haven’t had a lot of attention changes because we have been trying to and vote on it tomorrow. I think people with regard to that, or a whole lot of accommodate the concerns: It is too know where we are. We ought to go interest, until we started discussing it tough; we didn’t give the President ahead and have that vote and move on. in the context of trade. Trade interests enough discretion. We made changes I also must say I am trying to get everybody because there is money to be because of that. We have been dis- these votes done so that the largest made. That is understandable. I am all cussing this since May, with all of the number of Senators can be accommo- for it. foot-dragging that we have seen along dated and be here for the vote. We introduced this bill because we the way. I also want to say I don’t know ex- were told by our intelligence people We had a good debate last night, and actly what the Senator from Tennessee that there was a threat to this country. we had a good debate today. We de- is going to do. But I predict right now I can’t think of anything more serious bated over sanctions and whether or that if we don’t get this agreement to that we could possibly be dealing with not they were effective—things that we vote on the Thompson amendment to- than a nuclear, biological, or chemical ought to be debating. Good things, morrow, we are going to vote on it at threat, and the fact that rogue nations good substance, important subjects some point—I believe probably on or in are rapidly developing the capability that we ought to be debating, and rais- relation to this bill. to hit this country with all three of ing the issue now. When we are obvi- I don’t think it serves anybody’s pur- ously getting ready to engage in this pose to try to put this off or to object those. Let that sink in for a little bit. All the time that we spend around new trade relationship with China, to it. In fact, it may make the situa- what better time to address the fact tion worse, not better. I think we are here in budget and other votes that take up most of our time, trying to di- that they are the world’s worst in sell- ready to go. I think everybody knows ing weapons of mass destruction to how they are going to vote. I think vide up the money, we are being told by our experts—whether it is the these rogue nations. while it may be a close vote, everybody We claim we need a national defense Rumsfeld Commission, the Deutch pretty much is reconciled to getting it system because of the threat of these Commission, the Cox Commission, or done tomorrow. rogue nations. How can we talk to the I regret that there was objection. I the biennial intelligence assessment— Chinese Government without address- hope we can still find a way to get a there is a present danger and it is ing it? That is what the debate has vote on it in the next sequence that we growing, and the Chinese are actually been about. It has been good. will try to put together. increasing their activities as far as Now it is time for a vote. I have been By the way, on the Export Adminis- missiles are concerned. around here a few years. I don’t re- tration Act, I believe we are prepared That is why we introduced the bill. member another occasion where a col- to try to find a way to consider that People raise various objections. Last league has objected to a vote under because I think we need to act on it, night some were saying the report that these circumstances. My Democratic making sure that we consider national we want to have produced is too exten- colleagues have raised no objection, security interests. That, obviously, is sive and we might catch up some inno- but my two good friends on this side of an underlying factor on the Export Ad- cent Chinese companies that might the aisle raise objections. I am sad to ministration Act. I have no doubt that later prove to be innocent when we ac- say that it appears the real objection the Senator from Wyoming wouldn’t be cuse them of proliferating. Frankly, I all comes down to one of jurisdiction. for it if he had any doubts in that area am willing to take that risk. My friend from Wyoming apparently himself because he has worked so ex- We tried to get a separate vote. We believes this should be a part of his bill tensively on it. said: Let’s not put it on PNTR. Our if it is going to be anything, the Export The same thing applies on this amendment shouldn’t be considered a Administration Act; and that this amendment. Senator THOMPSON is try- trade measure. The bipartisan bill should be presumably under the pur- ing to raise a general concern about shouldn’t be considered a trade bill. It view of the Banking Committee if it is national security interests. The Chi- is a proliferation bill. So let’s discuss it going to be considered. He will have nese are not complying with the nu- in the context of our overall relation- the opportunity to correct me if I am clear proliferation regimes to which ship with China, but don’t force us to wrong, but I thought that is what I they have committed. put it on the China trade bill. heard. What worries me is we are going to No, you wouldn’t have that. We I think that is a sad set of cir- have this vote, we are going to pass couldn’t have that. You wouldn’t give cumstances, if after all of that we fi- this bill, and in a month or 6 months me a separate vote on that because it nally flush out the real reasons for the we may have a lot of explaining to do. might complicate things. objection to even having a vote. Oppose I spent 2 months trying to get a way to So I said OK, if you don’t do that, I it if you will, but the objection to even have this issue considered separately. will put it on the bill. So I put it on having a vote is because somebody got That is the way it should have been bill. Senator TORRICELLI and I did. And somebody else’s jurisdiction. considered. But it will be considered, I now it is an amendment to the China All my colleagues should know that predict, before we get out of here. trade bill. according to the Parliamentarian, this I yield the floor. They said: My goodness, we wish you bill, if it were referred to committee, The PRESIDING OFFICER. The Sen- wouldn’t have done that. We wish it would be referred to the Foreign Rela- ator from Tennessee. was a freestanding bill now that we see tions Committee. Mr. THOMPSON. First, I thank the you are serious, but we can’t possibly Let’s look at some of the hearings we majority leader and agree with him vote on it as an amendment to the have had in the Governmental Affairs

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8400 CONGRESSIONAL RECORD — SENATE September 12, 2000 Committee. The Banking Committee In June of 1997, his subcommittee had bill my colleague mentioned, the Ex- has some jurisdiction with regard to a hearing on Proliferation and U.S. Ex- port Administration Act. I took it export administration. The Govern- port Controls. through a process. I got a 20–0 vote on mental Affairs Committee has some ju- In May of 1997, his subcommittee had it. I brought it to the floor. I learned a risdiction with regard to proliferation. a hearing on National Missile Defense little bit about process that some- I can’t believe we are even talking and the ABM Treaty. Senator COCHRAN, times, even when you think you have about this, but here goes. It is like kids of course, is chairman of this sub- the right to bring it up on the floor, squabbling in the back of the school- committee. He is the leader on the na- people can object after that point and bus. tional missile defense issue and has you can have it taken down. But it If the issue is that nobody has paid been for some time. Of course, again, it went through a process there. That any attention to this and nobody has is directly relevant because the reason process has undoubtedly been effec- had any hearings, this committee of ju- we are claiming we need a national tively stopped for this year. I have not risdiction, the Governmental Affairs missile defense is the very issue our been whining about that. Committee, in May of 2000, had a full amendment brings up. But I did learn a lot of things committee hearing on export control April of 1997: Subcommittee on Inter- through that process because it in- implementation issues with respect to national Security—again, Senator volved going into a number of the re- high-performance computers. COCHRAN’s subcommittee—hearing on ports the Senator from Tennessee has In April of 2000: Full committee hear- Chinese Proliferation—Part II; mentioned. I did not just go through ing on the Wassenaar Arrangement and April of 1997: His subcommittee, Chi- the public part of those reports. I took the future of the multilateral export nese Proliferation hearing, Part I. the time to go over to the Intelligence controls; So, for the uninformed, we have var- Committee and have the special brief- February of 2000: Subcommittee on ious committees here with various ju- ings and read the documents from a Internet Security, Proliferation and risdictions. Sometimes jurisdiction number of the things that have been Federal Services hearing on National overlaps, where more than one com- cited, and particularly the Cox report. Intelligence Estimate on the Ballistic mittee has jurisdiction in the subject So I learned a lot of things about these Missile Threat to the United States; area. This is one of those cases. areas of problems. There are some problems there, and June of 1999: Full committee hearing Over the past 4 years, the Govern- they need to be solved, but they ought on Interagency Inspector General’s Re- mental Affairs Committee alone has to be solved through the regular proc- port on the Export-Control Process for held 15 hearings on proliferation; over ess so we do not wind up with some Dual-Use and Munitions List Commod- 30 hearings have been held by my com- things we are going to be embarrassed ities; mittee, the Armed Services Com- by, or believe are lacking, or have June of 1999: Full committee hearing mittee, and in the Foreign Relations pointed out to us later that just a little on Dual-Use and Munitions List Export Committee. Furthermore, this legisla- bit more deliberation would have Control Processes and Implementation tion has the full support of the chair- changed. at the Department of Energy; man of jurisdiction, Senator HELMS, We have been suggesting changes. We May of 1999: Subcommittee on Inter- chairman of the Foreign Relations can make some amendments. It is very national Security, Proliferation and Committee. The issue of proliferation, difficult to go into another person’s Federal Services—that is Senator of course, has had a full, full consider- bill and make extensive amendments, COCHRAN’s subcommittee. He had a ation for some time now. but we have mentioned the need for hearing on the Report of the House Se- So we will have an opportunity to some pretty extensive amendments. I lect Committee on U.S. National Secu- discuss this further, including further am certain if this would have gone rity and Military/Commercial Concerns tonight. I don’t know if anyone wants through the process of going through with the People’s Republic of China. to speak to this. I will give them the the Foreign Relations Committee Senator COCHRAN’s subcommittee, of opportunity, give my colleague from first—not just hearings. Hearings are course, has been in this area, the pro- Wyoming an opportunity to further ad- valuable. They build some basis for liferation area, the missile area, the dress it. But it is a sad situation, when building things. I know these extensive whole problem with China and Russia our country faces this kind of threat, hearings that have been done are where in particular, the problem with the that we cannot even get a vote on an this bill came from. But it goes rogue nations—Senator COCHRAN has amendment that would address that through another step in that process been dealing with this for years and threat. called a markup. That is where very has put out published reports. The last Vote it down if you must. Oppose it if detailed amendments are made to a bill one was within the last couple of you will. But the very idea of us not by people who have a wide knowledge weeks, for anybody who is interested. having a vote because it has not been of the items that are included. It is September of 1998: Subcommittee on considered enough by the right com- kind of a free-for-all, putting on International Security, Proliferation mittee or that it is more properly a amendments. A number of them do not and Federal Services hearing on GAO part of somebody else’s bill instead of make it and should not make it. But it Reports on High Performance Com- our bill? Surely it has not come to gives a more thorough review than if puters; that. one of us drafts a bill, or two of us get June of 1998: Subcommittee on Inter- I will yield the floor. together and draft a bill, and then oc- national Security, Proliferation and The PRESIDING OFFICER. The Sen- casionally talk to other people and oc- Federal Services hearing on the Ade- ator from Wyoming. casionally listen to part of their criti- quacy of Commerce Department Sat- Mr. ENZI. Mr. President, I thank the cisms but discard large parts of their ellite Export Controls; Senator from Tennessee for his com- criticism. March of 1998: Subcommittee on ments. I want to assure him I am not I know this bill was originally draft- International Security, Proliferation doing this on a jurisdictional basis. I ed in May and we have been registering and Federal Services hearing on the am a little incensed at the implication objections to things that are in it since Comprehensive Test Ban Treaty and of that accusation, and, in the objec- May. They have been tweaked a little Nuclear Proliferation; tion I raised, I did not mention any- bit, and part of the process is, if you October of 1997: Subcommittee on thing about jurisdiction. In the speech are not going to make the changes, International Security, Proliferation I gave yesterday, I didn’t mention any- then you have to go through this proc- and Federal Services hearing on North thing about jurisdiction. I mentioned ess here on the floor, which the Senate Korean Missile Proliferation—again the concerns about items that are in designs to be an extremely excru- Senator COCHRAN’s subcommittee. this bill and there are amendments ciating one—as I learned on my EAA Once again, in September of 1997, his that would need to be made to this bill. bill. Subcommittee on International Secu- I am sure, if it went through the nor- It is a part of the process. There rity Proliferation and Federal Services mal process—and one of the things I needs to be additional work on it. had a hearing on Missile Proliferation am learning about here is process. I There needs to be additional amend- in the Information Age. learned a lot about process as I did the ments.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8401 As I mentioned yesterday, if one lis- amendment. If that is the problem, Commerce meeting not long ago and tens to the debate, it sounds as if we then let’s have a vote on both of them. they mentioned my bill, and most of can solve the export-import imbalance Let’s be frank with each other. The the people there broke into applause. I by doing PNTR, and that is not going Senator’s opposition is the same oppo- ought to be careful talking about the to happen. The way that imbalance sition and arguments in many respects Chamber of Commerce. gets solved is if U.S. folks stop buying that we have heard from four other This is coming from the president of Chinese products or we get extensive amendments that have been consid- the Chamber of Commerce, who I do sales over there. Extensive sales over ered. The only difference is we have not think speaks for the average busi- there probably is not going to happen had votes on those four other amend- ness person in America on this issue. because the people over there on an av- ments. The Senator was not over here Let’s get that straight. First of all, he erage wage do not make much, so they complaining that we had not had suffi- complains that it is limited to one cannot buy much. We do have a hope of cient process, I guess, with regard to country—obviously, he has not read getting in the door with some of the the Wellstone amendment or the Byrd the bill—that if we do this, it will ef- bigger equipment items. To listen to amendment or the Hollings amend- fectively kill the bill, not that we have the debate, everything will be solved ment or the Helms amendment. The this serious problem and we should do by PNTR, and that is not going to hap- process was OK with regard to those, something about it, but effectively it pen. but now we have an amendment, the will kill the bill. I have to congratulate the Senator only amendment that deals with a di- Then he says he is getting ready to from Tennessee for the title he put on rect threat to this Nation, and we are leave for a tour of Asia and going to the bill. I noticed when he expanded talking about process. wind up in Beijing, but before he the bill to include a couple of other One of the big complaints of the op- leaves, he delivers his last salvo countries in light of our objection, that ponents of the Thompson-Torricelli against my amendment, purporting to it was aimed solely at China and they amendment has been that we have speak for all the members, I suppose, of are not the only proliferators. A couple changed it so much they hardly know the Chamber of Commerce. I hope of others were stuck in there. But the what is going on here anymore. The while he is in Beijing, he will ask them title was not changed because the title reason we changed it is we kept re- to quit selling weapons of mass de- is so great. One of the things I learned sponding to the complaints. Staffs met struction to our enemies. I hope that is a long time ago in legislation is one numerous times. Everybody knew on his agenda while he is talking about does not vote on a bill because of a these meetings were going on. It was his trade. good title. One votes on it because it is not an open forum for somebody to The latest has been a sheet put out good through and through. come down and lay down a bunch of re- by the High-Tech Industry Coalition on Those have been the reasons for my quirements if they did not get what China, the American Electronics Asso- objections. I am sorry if the Senator they wanted the first day, leave, and ciation, Business Software Alliance, from Tennessee put in all of that work. not show up again. It was an open, roll- Computer Systems Policy Project, This delays his plan for a vote, but it ing forum with various staff members. Computer Technology Industry Asso- does not stop it. I sat in on an occasion or two. It was ciation, Consumer Electronics Associa- The PRESIDING OFFICER. The Sen- very open since May that we were talk- tion, Electronic Industry Alliance, In- ator from Tennessee. ing about trying to come together be- formation Technology Industry Coun- Mr. THOMPSON. Mr. President, first, cause we all appreciate the prolifera- cil, National Venture Capital Associa- I am sorry if I drew the wrong conclu- tion problem and we need to do some- tion, Semiconductor Industry Associa- sion this might be jurisdictional. When thing. tion, Semiconductor Equipment Mate- the Senator mentioned this would be a While we are talking about trade rials International, Software and Infor- better part of the Export Administra- with China, we ought to be talking mation Industry Association, Tele- tion Act legislation, which happens to with them also about the fact they are communications Industry Association, be his legislation, and it was not re- endangering this country by arming and United States Information Tech- ferred to the right committee, I just these rogue nations, and we tried to nology Offices. thought that might be jurisdictional. work it out. Some Members objected. All of them have joined together to That is where I got that idea. If he re- We had mandatory sanctions and they put out this opposition sheet to this sents that implication, I am sorry, but said we did not give the President bill. Some people have been so crass as that is the source of that idea. enough discretion. We gave him more to imply that maybe it was this fever- I think back to a time not too long discretion. Some people claimed we are ish lobbying that is going on from ex- ago when the Senator from Wyoming singling out the Chinese; it will make porters that might have something to and the Senator from Texas worked them angry; and it will be counter- do with the opposition to this bill. long and hard on a bill called the Ex- productive. We broadened it. Some peo- But I have the greatest respect, from port Administration Act. Several of us ple claimed we were giving Congress what I know, about this entire group who are committee chairmen had prob- too much authority; that any Member here. Our high-tech industry has done lems with that because of some of the of Congress could come in and have a phenomenally well. They are creative. same things we are talking about. vote to override a Presidential decision They have contributed mightily to our In my view, and I think my col- in this regard, so we raised the require- economy. They want to export; I un- leagues’ view, it liberalized our export ment to 20 Members. There have to be derstand that. They want to make rules at a time when we should have 20 Members who have to have that con- more money; I understand that. God been tightening them up. The chair- cern. We made all of these changes. bless them. More power to them. But I man of the Armed Services Committee, Now I understand the complaint is do not see any association listed on the chairman of the Intelligence Com- that we did not change it enough, or is here that has any responsibility for the mittee, the chairman of the Foreign it the process? Is that process? Is that protection of this country. Relations Committee, and myself as a process issue? There are still prob- We can vote on human rights, reli- chairman of the Governmental Affairs lems with it. Everybody who has spo- gious freedom, and all the other impor- Committee, looked at this and said ken against this bill has raised prob- tant things, but the only thing that that it had some major problems. The lems with it, but none of them have poses a danger to this country we can’t statement was made by the sponsors of raised an objection to taking a vote. get a vote on because we didn’t go the bill that they would not bring it I just received the latest in a series through the ‘‘process’’ because it needs up, as I recall, without our signing off of fliers I have been graced with over to go back to a committee. The chair- on it, and we never signed off on it. the last several days; this one from an man of that committee gave the most If the hangup here is the fact my col- industry coalition. The first thing we eloquent statement that has been given leagues have not gotten a vote on their got today was a report from the presi- on behalf of my amendment. One Sen- Export Administration Act, I suggest dent of the Chamber of Commerce who ator just said he wants to send it to a they offer it as an amendment to my came out against our bill. Somebody committee that does not want it, amendment. Let’s have a second-degree told me they were at a Chamber of whose chairman, Senator HELMS, says

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8402 CONGRESSIONAL RECORD — SENATE September 12, 2000 we do not need it; that we have had only thing that is a threat to this Na- as they say, the PNTR. They are incor- enough hearings; that we know what tion. rect. They are wrong. They are bril- the problem is. All those things are things that liant people. They have contributed Give me a break. There will be a vote ought to be identified. They were cor- mightily to our economy. I am talking on this issue. But let’s get back to the rect in doing that. But to tell us that about all these high-tech people. I want latest salvo, which may or may not we have to rubber stamp it, that the to help them in every way I can. I am have something to do with what we are benefits of PNTR to this country are so with them on most things. But they do dealing with tonight. The information great, and so obvious, and so over- not know this subject. We are supposed they are putting out says this under- whelming, and so clear, that we are to know it. We are given access to clas- cuts China PNTR; that it will undo afraid to risk letting the House, with a sified information. We are paid the big PNTR; that it will return us to inflam- 40-vote margin, with a nuclear pro- bucks to spend long hours poring over matory annual votes on China. liferation add-on, have another shot at these documents that the intelligence I have been involved in a few annual it because it is going to cost us a few people bring to us—and the Rumsfeld votes on China. I do not remember the more days—while the Chinese Govern- Commission and the Deutch Commis- flames, but be that as it may, this will ment, as we speak, is trying to under- sion and the Cox Commission, and all not kill PNTR. The die is cast on cut the WTO agreement. That is just the rest. It is not their responsibility. PNTR. The House has passed PNTR. kind of a sideline. We see this in the But they are papering this town. I We are going to pass PNTR. The only paper now. We understand. They are said today, you can’t stir the lobbyists issue is whether or not in doing so, we trying to mess with Taiwan coming with a stick. Everybody is petrified of raise the issue with our new ‘‘strategic into the WTO later. They are trying to this amendment. I think the reason is trading partners,’’ the issue that we renege on some of the agreements that because they fear it will irritate the are making this world a more dan- they have previously made in their bi- Chinese and maybe cause us some prob- gerous one. lateral agreement with us. They must lems, trade retaliation, or something The House passed it by a 40-vote mar- not have any respect at all for us right like that. But the Chinese want this gin. Are you here to tell me that if we now. We have danced to their tune now mightily. They want this PNTR badly. passed it and added on a nuclear pro- for a few years. We do not make any They have a $69 billion trade surplus liferation component, that it would big fuss about the theft of nuclear se- with us. make it more difficult for the House to crets. We say: Boys will be boys. Every- There will be no killing of that gold- pass it again? It would have to go back body does that. en goose. They are not foolish people. to the House if we add anything new. The Chinese military puts money They also said that it is ineffective So for the folks who might be listening into our campaigns, and they say, because it is a unilateral sanction. Uni- and watching, the deal is, they say: again: Maybe the higher-ups didn’t lateral sanctions rarely achieve the in- You can’t pass the Thompson amend- know about it. We give them WTO. We tended results of the targeted country, ment because it is different from what give them a veto on a national missile but they penalize American companies, the House passed. If you make any defense system. That is the reason the workers, and investments. Let me tell changes, it has to go back to the House President put off that decision, because you when an American company or for another vote, and they might not the Russians and the Chinese objected worker would be penalized. If we catch vote for it again. That is the bottom- to it. the Chinese entities selling missile line argument for those who oppose We send delegations over there ask- parts or the ability to make bombs, nu- this amendment. ing them to please stop their prolifera- clear weapons, to Libya, let’s say, then My first response is, so what. If we tion activities. They give us the back we are going to cut off military and have a serious national security prob- of their hand and say: We’re going to dual use that can be used for military lem and issue that is paramount, it continue our activities as long as you purposes, we are going to cut those begs the question: Is this problem seri- continue with the missile defense sys- sales off. So if you make those items, ous enough for us to address? I can join tem and your friendship with Taiwan. you are going to be affected. The Presi- issue on that argument and respect my Then the President meets Jiang dent has the discretion—let me add friends who disagree with it. But don’t Zemin at the Waldorf in New York on that—and it does not happen automati- tell me that even though it may be Friday. According to the New York cally. that serious, we can’t add it on over Times, the President once again raised The process, under our bill, is that here because the House might have to the issue of what they were doing with we have a report. Our intelligence take another vote. That is an insult to regard to Pakistan. They have out- agencies give a report. It identifies this body. Since when did we stop being fitted Pakistan. They took a nation, a these entities, companies that are the world’s greatest deliberative body small nation with no nuclear capa- doing these things. Then our President and become a rubber stamp for the bility, and have outfitted Pakistan, has the discretion or he has to make a House of Representatives? soup to nuts. Not only do they have determination, depending on the cat- The practical answer to this par- missiles, M–11 missiles, goodness egory, but it is within his power to ex- ticular accusation is that it will not knows what else, but they now have, ercise the appropriate remedy. We are kill PNTR. Before the sun sets, they apparently, missile plants where they not talking about cutting off sales of will have it back over there, and they can make their own. wheat or food or shoes—we would not will revote on it. Nobody is going to go The Chinese are probably ready to be selling them shoes—or any other into an election just having cast a vote sign a new agreement now not to ship commodity. We are talking about mu- for it and then a vote against it, and any more in there. They do not need nitions and dual-use items. the vote against it has a proliferation to. They have equipped Pakistan so If you are affected by that, you will tag-on. That is going to make it more they can do it themselves. They have be affected by this bill. I don’t know difficult to vote for it? Give me a made that place a tinderbox. So the about the company president, but I will break. President rightfully brings this up, ac- bet you, if you said to the average Please, be serious in your arguments, cording to the New York Times. worker—that is 2 percent, by the way, I say to my friends. There are some se- Jiang Zemin’s response, apparently, of our dual use and munitions; our en- rious arguments to be had around here. according to the New York Times, was tire trade with China is 2 percent of I had a good discussion with the Sen- to smile, wish the President well on his our exports; 2 percent is what we are so ator from Kansas today on sanctions in pending retirement, and to thank him afraid of here—if you said to the aver- general—a good discussion. But don’t for his assistance in getting them into age worker: we are going to impose tell me, as a Senator, I have to rubber the WTO. They must not have much re- these restrictions or these sanctions on stamp something, when the House of spect for us anymore. China for a year to try to get them to Representatives identifies problems— And we are over here saying we are clean up their act because we have religious persecution, slave labor, afraid to give our House of Representa- caught these Chinese companies doing Radio Free Asia—and then it comes tives another vote on this, regardless these things. Obviously, it is going to over here, and we can’t identify the of the merits of the case. It would kill, make it a more dangerous place for

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8403 your kids if we keep on down this road. cause they know that at least the Con- company, but the big players right We need to get their attention. It is gress is serious about this? They are now, such as Petro China or the Chi- going to mean some loss of sales for going to continue to get highlighted nese companies, raising billions of dol- the company you work for. Do you and embarrassed in the world commu- lars in our stock markets, in the New think we ought to do it? nity for making this a more dangerous York Stock Exchange, going back, in I don’t think there is any question world. I think it is the latter. some cases, to enhance the Chinese about that. I have more faith and con- I have had Mr. Berger, the Presi- military—and in many cases, according fidence in the American worker and dent’s national security adviser, tell to the Deutch Commission and accord- the American farmer. me that on occasions when they have ing to the Cox committee, these are They talk about farmers being con- actually used or threatened unilateral proliferators of weapons of mass de- cerned. Well, agriculture is not di- action in times past, that it has had an struction, raising all this money in our rectly affected, but what if the Chinese effect. I don’t think they have done it capital markets. How many people get mad at us and decide to cut off nearly enough, and we have strong dis- know about that? You know, we don’t some of our agricultural exports? agreements about that. That is part of want to close our capital markets. We I think my Tennessee farmers are the problem we have had. They have can’t do that without thought. But, for willing to take that chance. If that is gone around the barn to apologize for goodness’ sake, that is a privilege; that the price we have to pay to sell corn, 95 percent of what the Chinese Govern- is not a right for them to come in and then that is too high a price to pay. I ment has done here. That is the reason raise money from our people who do am like all these other agriculture we are here tonight. But when they not know who they are dealing with— Senators here. I have agriculture. I have on occasion done this, he has told raise billions of dollars, while at the have farmers. They are concerned me it has had effect. same time selling stuff that is making about these issues. But they are also You can’t have it both ways. Unilat- the world more dangerous for that in- very patriotic. When you come right eral sanctions sometimes do work. We vestor’s kids. Do we really want to down to it, there are a lot of organiza- are not talking about these blanket ag- keep financing these people that way? I tions running around using the names ricultural sanctions or going towards don’t think so. of various people, but when you come some particular country. We are going According to this latest leaflet, it is right down to the workers of America to the supplier and saying that we are inconsistent with current nonprolifera- and the farmers of America, you are going to cut off the relevant goods and tion regimes. It would be activated by not cutting off exports of goods across items if we continue to catch you doing a hair-trigger mechanism—a hair-trig- the spectrum, and you are certainly these things that you are flaunting dis- ger mechanism—based on credible in- not cutting off agricultural exports. respectfully. formation. Well, that just comes from They would see through that. They Unilateral sanctions undercut PNTR, a misunderstanding of the law and would say, well, yes, there is an indi- will kill PNTR, and duplicates current what the bill says. rect possibility, if I am in a certain laws. To a certain extent that is right. area, that there might be some rami- There are laws on the books now that What the bill says is that if you get fications down the road. But if that require sanctions, just as we are pro- credible information that they are possibility were to occur, if that is posing, or close to it. doing these things, you have to put it what I have to do to help make this So you say, THOMPSON, why are you in the report. That is the only thing it place a little bit safer and get their at- doing this? Well, because we have other activates. That is the hair-trigger they tention because, goodness knows, if we provisions, such as a little more con- are talking about. If our intelligence can’t get their attention while we are gressional oversight, such as a more people find that you are selling these about to give them this trade bill, we extensive report where it would make things to these rogue nations, you have are never going to get their attention, it more difficult for a President to to put it in the report. I think they would be willing to go game the system and do what Presi- Now, the President takes a look at along with that. dent Clinton said he had to do on occa- that. If it has to do with a country, he What else do they say? It duplicates sion—that is, to fudge the facts—be- has total discretion as to what to do. If current U.S. proliferation laws. The cause if he made a finding against a it has to do with a company, an entity, last point was the unilateral sanction. company that he didn’t want to move say a state-owned company in China, Of course, this was drafted by some against for diplomatic reasons, the law as so many of them are, the President lobbyists downtown. We all know that would require him to do that. He didn’t has to make a determination that in that works for these folks. All the want to do that. fact the credible evidence is true. Then points are always the same. They hand What this does is make it more the President has an option to have a them around town. Everybody uses transparent. The President can still do waiver. Even after he makes a deter- them. Do you really think their real it, but he has to give Congress a reason mination that the allegations are true, concern is that these sanctions won’t why he is not imposing sanctions on an he still has a waiver that he can exer- work or that we are duplicating cur- entity that has been found to have cise before all of this happens, before rent laws? Is that what is stirring up been selling weapons of mass destruc- any sanctions are levied. That is the all this activity, that we are being inef- tion. hair-trigger they are talking about. ficient in some way? Please. While it duplicates current law in Unilateral sanctions don’t work. many respects, which is a point in our They are just misinforming folks. I Well, some don’t. And there is a chance favor because we are not doing some- think it comes from a lack of under- these might not. But there is a good thing new and dangerous and onerous standing of what is in the bill. Some- chance they might. and burdensome, the President should body downtown, hopefully, will read it Why is the Chinese Government so already be doing some of these things. more carefully. You can have a lot of upset? If you read the French news- What we are doing is saying, yes, that, complaints about it, and so be it, but papers—and I assure you, they are but also in addition to that, a mecha- let’s not misrepresent what it does. translated in English before I read nism whereby we can have some en- There is no hair-trigger, there is no them—or the Chinese, you will see that forcement to it, have some congres- automatic sanction, no automatic any- there is tremendous consternation over sional oversight and highlight the fact thing; it is discretionary with the the Thompson-Torricelli amendment. that the President has some options President. If it is credible evidence, it Why do you think that is, if we are here. goes into the report. only duplicating what is already on the The President can address the capital Some people say: Well, it might be books and unilateral sanctions don’t markets issue. One of the things the credible evidence, but it might not be work? Do you think they are concerned opponents have complained about is proof beyond a reasonable doubt; we because we are about to do something the fact that our bill actually gives the might catch up some innocent Chinese that doesn’t work, or do you think President the authority to say to a par- company. We are not trying a criminal they are going to maybe think twice ticular Chinese company or, for that lawsuit here. We are talking about in- before they continue their activity be- matter, a Russian or a North Korean formation to go into a report for the

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8404 CONGRESSIONAL RECORD — SENATE September 12, 2000 American people to see and for Con- paid attention then because trade was But there are more important things gress to see. If it turns out we are in- not involved; it was only national secu- than whether we should be loosening correct, we can correct that when the rity. Now they are shocked to find out our export laws and saying, well, if we time comes. that all this time we have been having can make it, everybody is going to I don’t want to be callous about this public hearings, and we have been get- have it eventually. So we might as well just because they are Chinese compa- ting the reports from bipartisan com- give it to them tomorrow. Even if we nies and maybe had proliferation prob- missions all this time warning us, are able to slow them down somewhat, lems in the past. I don’t want to accuse warning Congress, warning the Amer- this is a dangerous world. I am looking anybody of anything of which they are ican citizens, that it is becoming more to the day we find out the direct proof not guilty. My guess is, if our intel- dangerous. Countries such as North that one of these rogue nations has ligence community takes the time and Korea will have the capability of hit- what we shipped to China and China effort and concludes that this informa- ting us within 5 years of their decision just passed it along. I assume it has al- tion is credible enough to go into the to do so. We know that some time ago ready happened, but we don’t have any report, they probably did it. Consid- they decided to have that capability. proof of that. That is what all of this is ering the fact that they are the world’s We know that some years ago they al- really about, in my opinion. leading proliferators of weapons of ready decided to have the capability. It goes on to say here—this is the mass destruction, somebody over there Shortly after we got the report, they last objection—it provides for dan- is doing it—not proof beyond a reason- fired a two-stage rocket over the coun- gerous procedures and fast-track proce- able doubt, but, then again, we are not try of Japan—another one of our allies. dures would inevitably lead to highly putting anybody in the penitentiary. I guess, now that I think about it, that politicized annual votes. delivered more than one message, We are trying to protect the American Our bill, of course, says the Presi- didn’t it? It told the good old USA: people. dent’s actions have been, frankly, inad- Yes, we have that capability that you equate. I think some of President Clin- Contains automatic overbroad sanctions. are debating over there. This is what The bill mandates automatic U.S. sanctions ton’s actions have been totally inad- against any private or governmental entity, we have. It shocked our intelligence equate with regard to some of these de- even for acquisition of commodity level community and surprised us. The cisions. products. Rumsfeld Commission told us they Our intelligence has proof that the Somebody is not paying attention, feared that was the case, and then they Chinese Government sent M–11 missiles are they? ‘‘Mandates automatic U.S. showed us the capability. Of course, to Pakistan, and the response from the Japan is one of our closest allies. So I sanctions.’’ It is just not true. The bill State Department is: No. We are not suppose that accentuated it. doesn’t do that. There is nothing auto- going to impose sanctions there be- So we have gone through all that. cause we cannot prove it. We only see matic about it. It is within the power How much does it take? And now my and determination of the President if canisters on the ground that we know friends from Texas and Wyoming say were put there by the Chinese on Paki- he chooses to do that. Then he has a we can’t have a vote. We can’t even waiver if he wants to use that. It is a stani docks. But we do not really know have a vote on an issue that poses a di- that there are missiles inside the can- modest step. rect threat to the security of this Na- I think this report is the most impor- isters. tion because it hasn’t sufficiently gone What can you say to that? tant part of this legislation. It is a through the process. Then there was another occasion more extensive report. We get these Then we had the Deutch Commission where we proved that they sent ring halfway jobs, summaries, but this is a telling us some of the same things. And magnets to the Pakistanis, and those more extensive report. The President then the Cox Commission told us that, go to enhance the uranium enrichment will know we are getting it, and we will relevant to our export laws, the Chi- process that goes into these nuclear have a dialog about who is on it and nese Government was using our tech- weapons. The answer there was that we why and to the extent the President is nology and the supercomputers we did not have sufficient proof that those doing anything about it. The report re- were sending to them to perfect and en- high up enough in the Chinese Govern- quires the President to tell us what he hance their nuclear capability. ment really signed off on that. intends to do about it. He doesn’t have Was it Lenin who said, ‘‘The U.S. We are requiring courtroom-level to do anything. But there is the pres- would sell the rope with which to hang proof. Instead of requiring them to sure, I would think, for most Presi- itself’’? bear the burden, you had better prove dents, to want to have a pretty good That is what that issue is all about. to us that you didn’t do it because it reason if they didn’t choose to do any- That is serious business. That opens sure looks as if you did it. No, we are thing about it once that credible evi- another whole question about our ex- putting the burden on ourselves to dence was there. port laws. That is why we have this de- have a level of proof that no one can So, my friends who may be listening bate and concern. My friends from Wy- ever reach because our diplomats and to this, there is an awful lot of false in- oming and Texas and I disagreed. So some of our administration officials formation going around. I know these did these other Senators from various are living in another world. They think people didn’t intend to do this. They other committees, chairmen of these if they can continue to dialog with the are in the business of advancing tech- committees. It wasn’t just me. At this leadership of the Communist Chinese nology. They are the world’s best, and particular time, while we can’t put the Government that things are going to God bless them. But they are not in genie back in the bottle, we can’t keep magically fall into place. this business. Somebody downtown is technology from circling the globe In this bill we said if we run into one doing this who wants to win too badly. eventually. But there is great dispute of those situations Congress ought to There are no automatic sanctions. among experts as to what people can have some input. Congress hasn’t done Underwent an inadequate public process. get their hands on and how long it will enough in this regard. We can’t sit Well, we are getting back to my take other countries to get their hands back and say that we can’t mess with friends from Wyoming and Texas. on our technology. We shouldn’t ship it the President’s authority. We have out willy-nilly and let the Commerce Deserves a full vetting by the Senate, not done that too much—go into wars, and the hurried and nonpublic process that has Department decide. Some of our everything else—partially under the ju- characterized the consideration of this bill. friends would let the Commerce De- risdiction of this body. And we really Subsequent drafts and basic proposals have partment decide whether or not these do not want to take the political heat not addressed the bill’s deficiencies. Should things ought to be sent around. The for making the decisions. not be substituted for critical processes, Commerce Department is in the busi- Our tendency, it seems to me now- such as public hearings. ness of business. Again, more power to adays, is to sit back and let the Presi- In other words, we haven’t had any them. But this is not a commerce dent do the tough stuff and make those public hearings. Somebody is not pay- issue. This is a national security issue. decisions. We will criticize him every ing attention. I just read off two pages We should not be blind to our commer- once in a while. We don’t want to be in- of the public hearings that we have had cial interests, and we should not be un- volved. That exposes us to criticism if on this general subject matter. Nobody reasonable about that. we make a mistake.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8405 If you look at the national political about to do something dangerous or we grown almost ten percent annually for polls, national security and foreign af- are about to do something where some two decades. PNTR and China’s acces- fairs ranks, only 2 percent of the people of our critics say the law is already on sion to the WTO means that China will in this country would put it at the top the books and you don’t need to do it. enter the global trade community, lib- of their area of concern—2 percent. That is the level of danger we are talk- eralize and open up much of its econ- That doesn’t get the attention of a lot ing about. omy, and be subject to the operating of people around here. So we sit back. Our colleagues are keeping us from rules and regulations of the WTO. We have done it too long. The problem even having a vote. And we let all of I would like to focus my remarks on is that this administration has sat these other things go? The Senator the effect of PNTR on one very impor- back right along with us. The result of from Wyoming and the Senator from tant sector of America’s economy—ag- that has been a more dangerous world. Texas say we haven’t gone through the riculture. We signal to our allies that we claim process enough. It has nothing to do We are in the third year of a severe we need a national missile defense sys- with the fact that we couldn’t get our agricultural crisis in the United tem because of rogue nations. But the Export Administration Act up for a States. Our farmers are suffering ter- signal is we are really not that worried vote, or chose not to. Frankly, I don’t ribly from drought, record low prices, about it; Trade is more important. We know which. If that is the case, that is increased costs, and now damage due to are signaling to the leadership of the the case. I take them at their word. I unprecedented forest fires this sum- Chinese Government that we may or don’t want to accuse them of having mer. At the same time, the American may not be concerned about this. We jurisdictional concerns. I say when it is food market is a mature one with al- may issue a sanction in one out of in the wrong committee and it is on most no room for growth for our farm- every five times we catch it. the wrong bill, to me that is a jurisdic- ers and ranchers. Therefore, one part of That is still going to lead to a more tional problem. If I am using the wrong the solution to the agricultural crisis dangerous world because they some- word, I apologize. But the very idea lies in increasing the quantity and where along the line are going to mis- that in light of this threat and in light value of our agricultural exports, judge how far we will go in response to of the good debate that we have had— bringing the products of the world’s some action. and we have pros and cons on the Re- most efficient farming to the people of What we need to do is have some- publican side and pros and cons on the the world. That means ensuring that our pro- thing right now that is measured, that Democratic side as to whether or not ducers are not besieged by dumped im- is reasonable, and that is not extreme we ought to pass this. We have had a ports. That means our producers need to put in place to simply send a signal good debate. We are talking about one time to adjust to surges in imports. that while we are approving the trade of the few things that really matter That means working to dismantle the bill, that trade is not the only thing around here. European Union’s system of massive that is important to us and that we are Our first obligation in the preamble trade-distorting export subsidies to its going to blow the whistle on them and of our Constitution is the reason for farmers. That means reversing the maybe cut off some of their dual-use the creation of this Government, the trends that have reduced our agricul- technology. Yes—perhaps even with kind of matters we are considering tural exports by ten billion dollars hardship on one or more of those con- here tonight. since 1996. And that means bringing ferences. That is the signal we need to To come down to this, after all these China into the WTO and granting them send. hearings and all this time, with no one PNTR so that our farmers and ranchers So we fashioned the provision in this denying the nature of the threat, say- can benefit from the significant liber- bill that said if 20 Senators agree that ing it needs to be sent to the com- alization commitments that China is we should disagree with the President’s mittee of jurisdiction—they know by action—that we think it is clear and he making. now, of course, that the Parliamen- Let me review those changes that is doing nothing, or that we think it is tarian has said it would go to the For- China has agreed to make as part of its not so clear and he is doing something eign Relations Committee; it would not WTO accession commitments. And re- and we believe we should become in- even go to their Banking Committee. member, if we don’t grant China volved—if 20 of us think that way, we The only problem they have with that PNTR, our competitors can take ad- can become involved in a variety of ac- is Senator HELMS is chairman of the vantage of this new liberalization in tions. He can veto that. Or it would Foreign Relations Committee and says China, while our ranchers and farmers take a tremendously unusual situation he doesn’t want that to happen. He will lose out. for us to actually get anything done, wants my amendment to pass. First, the US-China Agricultural Co- quite frankly. Everybody knows that. I I don’t understand. It has nothing to operation Agreement. Although this know that. Overriding the President’s do with anything other than some ju- was technically separate from China’s veto on something like that would be risdiction. We need to go back and negotiations for WTO accession, it was tremendous. It would have to be an massage this a little bit more, send it an integral part of our bilateral nego- egregious situation. That is the kind of back to a committee that doesn’t want tiations. This agricultural agreement thing we need to signal to the world it. Maybe we can offer some amend- provides three specific benefits to that we are willing to do, at least in an ments. Why not offer it now, I ask my American producers. egregious situation. friends from Wyoming and Texas. If On wheat, China agreed to end a thir- They say that it is dangerous. I say you want to offer amendments, offer ty year ban on Pacific Northwest to them that we already have 60 laws them now. I don’t understand the na- wheat. This ban was based on spurious on the books that in one form or an- ture of the problem. I cannot for the sanitary and phyto-sanitary standards. other have this general procedure I just life of me understand the nature of the We completed the first shipment of Pa- described. They are making it look as problem. cific Northwest wheat to China earlier if it is a dangerous, unusual thing. We But we will have a chance, perhaps, this year. have at least 60 laws on the books to explore that further. On beef, under the agricultural agree- which provide for expedited procedure I yield the floor. ment, China will accept meat and poul- in one way or another. Mr. BAUCUS. Mr. President, we have try from all USDA Food Safety Inspec- We will have an opportunity to dis- heard a lot on the Senate floor the last tion Service-approved plants, honoring cuss this further. As I say, I particu- few days about the advantages to the USDA inspection certificates. larly want to get a vote on this. I guess United States of granting PNTR to On citrus, the agreement provided for I am having a hard time absorbing China. In commercial terms, PNTR a series of measures that would ap- what has happened here. After all of means that American farmers, ranch- prove citrus for export to China. Chi- this debate, all of this discussion, this ers, workers, manufacturers, and serv- nese officials made several inspection clearly would not cause any harm and ice providers can take advantage of trips to the United States, and the first would not cause any problem, except what will be an unprecedented liberal- shipment occurred earlier this year. some people think it would complicate ization in the world’s most populous Second, China made significant trade the trade bill. It is not as if we are market, and an economy that has concessions on bulk commodities. For

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8406 CONGRESSIONAL RECORD — SENATE September 12, 2000 example, China agreed to a tariff rate I am convinced that amendments at SENATOR SLADE GORTON’S 100TH quota on wheat of 7.3 million metric this stage create a procedural problem PRESIDING HOUR tons for its first year of membership in that could derail passage of this impor- Mr. LOTT. Mr. President, it is a long- the WTO, increasing to 9.6 million tons tant bill. Adopting any amendments standing tradition in the Senate to rec- in 2004. This contrasts with recent an- would mean sending this bill to con- ognize and honor those Senators that nual import of wheat at around two ference, where it could become mired serve as presiding officers of the Sen- million tons. Ten percent of the tariff in wrangling over differences of lan- ate for 100 hours in a single session of rate quota will be allocated to non- guage and content. It is clear to me Congress. Today, I have the pleasure to state trading entities. If state trading that we do not have time remaining in announce that Senator SLADE GORTON entities do not use their portion of the this Congress to resolve a bicameral is the latest recipient of the Senate’s quota, the unused part will be given to conflict over this bill. We can allow coveted Golden Gavel Award. non-state entities. Tariff rate quotas at nothing to interfere with what may be This Golden Gavel Award is not the similarly high levels will also be in ef- this Congress’s most important deci- first or even the second for Senator fect for other commodities such as sion concerning China. GORTON but is the sixth. Senator GOR- corn, cotton, rice, and soybean oil. I am convinced we must not let our TON is the first Senator in the history Third, tariffs themselves will be cut focus be drawn away from the real significantly. By January, 2004, the of the Golden Gavel Award to attain point in question: pure and simple, this the six gavel mark. This is a great overall average for agricultural prod- vote is about deciding whether or not ucts of importance to the United achievement. the United States wishes to join with On behalf of the Senate, I extend our States will drop from 31 percent to 14 the world community in having normal sincere appreciation to Senator GOR- percent. Beef goes down from 45 per- trade relations with China, and wheth- TON and his staff for their efforts and cent to 12 percent for frozen and to 25 er we are prepared to conduct our deal- percent for fresh. Pork drops from 20 commitment to presiding duties during ings with China according to the terms the 106th Congress. percent to 12 percent. Poultry goes and conditions established by that from 20 percent to 10 percent. community under the World Trade Or- f Fourth, foreigners will have the right ganization framework (WTO). to distribute imported products with- SENATOR WAYNE ALLARD’S 100TH This vote is about protecting U.S. in- PRESIDING HOUR out going through a state-trading en- terests in an increasingly competitive Mr. LOTT. Mr. President, today, I terprise or middleman. global marketplace and about ensuring Fifth, China has committed not to have the pleasure to announce that that American workers, managers, en- use export subsidies for agricultural Senator WAYNE ALLARD has achieved trepreneurs, and investors do not miss products. They have also committed to the 100 hour mark as presiding, officer. out on the opportunities that are cap, and then reduce, trade-distorting In doing so, Senator ALLARD has bound to grow as China brings itself domestic subsidies. earned his second Golden Gavel Award. further into the modern world. Sixth, there are several provisions Since the 1960’s, the Senate has rec- that most people think apply only to I do not think we further U.S. inter- ests by undermining this nation’s abil- ognized those dedicated Members who manufactured goods, but, in fact, apply preside over the Senate for 100 hours to agriculture as well. The United ity to function effectively in the world’s most important multinational with the Golden Gavel. This award con- States can continue to use our non- tinues to represent our appreciation for market economy methodology in anti- trade organization, or by cutting Americans off from the full benefits of the time these dedicated Senators con- dumping cases for 15 years, an impor- tribute to presiding over the U.S. Sen- tant protection against dumped Chi- WTO membership. This is what will happen if we pass a ate—a privileged and important duty. nese products. Also, for the next 12 On behalf of the Senate, I extend our years, we can take safeguard measures bill that does not conform to WTO re- quirements, or if we are forced to send sincere appreciation to Senator against specific products from China ALLARD and his staff for their efforts that cause, or threaten to cause, dis- the bill to conference, and fail to pass a bill, at all. I believe it is in America’s and commitment to presiding duties ruption in our market. during the 106th Congress. In short, once we grant China PNTR best interests that this body pass a and the WTO accession process con- clean, focused bill establishing perma- f cludes, our farmers, ranchers, and food nent normal trade relations with China VICTIMS OF GUN VIOLENCE processors can begin to take advantage that is the same as the House bill and Mr. ROBB. Mr. President, it has been of vast new opportunities in China. does not need conferencing. more than a year since the Columbine Americans need to move aggressively Mr. THOMPSON. Mr. President, I ask tragedy, but still this Republican Con- to follow-up on these Chinese commit- unanimous consent that at 10 a.m. on gress refuses to act on sensible gun leg- ments. And we in the Congress and in Wednesday there be 60 minutes for the Executive Branch must put re- closing remarks for two amendments, islation. sources into monitoring closely Chi- with the following Senators in control Since Columbine, thousands of Amer- nese compliance with those commit- of time: Senator ROTH, 15 minutes; icans have been killed by gunfire. Until ments. Senator MOYNIHAN, 15 minutes; Senator we act, Democrats in the Senate will Following my own advice about fol- BYRD, 15 minutes, Senator Bob SMITH, read the names of some of those who low up, I will lead a delegation of Mon- 15 minutes. I further ask consent that have lost their lives to gun violence in tana ranchers, farmers, and business the vote on the pending Byrd amend- the past year, and we will continue to people to China in December. I encour- ment occur immediately at 11 a.m., to do so every day that the Senate is in age all my Congressional colleagues to be followed by a vote in relation to di- session. do likewise. I have also sent a letter to vision 6 of Senator SMITH’s amend- In the name of those who died, we Chinese Premier Zhu Rongji insisting ment, No. 4129. will continue this fight. Following are that China fully comply with its agri- The PRESIDING OFFICER. Without the names of some of the people who culture commitments. objection, it is so ordered. were killed by gunfire one year ago We have a lot to do in the Congress f today. this year and next to help our farm September 12, 1999: economy. Approving PNTR is one im- MORNING BUSINESS Arthur Adams, 41, Philadelphia, PA; portant part of that agenda. Mr. THOMPSON. Mr. President, I ask Anita Arrington, 36, Charlotte, NC; Mrs. FEINSTEIN. Mr. President, I unanimous consent that there now be a Robert Bason, 21, Detroit, MI; Keith would like to explain why I oppose all period for the transaction of routine Brisco, 23, Chicago, IL; Shiesha Davis, amendments offered to H.R. 4444, a bill morning business with Senators per- 19, Detroit, MI; Clinton Dias, 24, Balti- to establish Permanent Normal Trade mitted to speak for up to 10 minutes more, MD; Steve Esparza, 15, San Anto- Relations (PNTR) with China. each. nio, TX; Friday D. Gardner, 21, Chi- Much is at stake here; the effects of The PRESIDING OFFICER. Without cago, IL; Tony M. Gill, 28, Gary, IN; this vote may be felt for years to come. objection, it is so ordered. Elaine Howard, 47, Detroit, MI; Greta

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8407 L. Johnson, 33, Memphis, TN; Rickey bill, including the funding source for This disturbing trend is especially D. Johnson, 36, Memphis, TN; Willie the Commission. harmful to low-income beneficiaries, Johnson, 20, Miami, FL; Roberto E. f who are almost twice as likely to en- Moody, 30, Seattle, WA; Donald Morri- roll in Medicare HMOs as are other THE MEDICARE BENEFICIARIES’ son, 20, San Antonio, TX; Deric Parks, Medicare beneficiaries. For many sen- CHOICE STABILIZATION ACT 23, Washington, DC; Harry R. iors and persons with disabilities who Penninger, 69, Memphis, TN; Albert Mr. SANTORUM. Mr. President, I live on fixed incomes, having access to Perry, 31, Detroit, MI; Artemio rise today to address a matter of crit- a Medicare HMO means that they can Raygoza, 22, San Antonio, TX; Douglas ical importance to our Nation’s 39 mil- spend their limited resources on gro- M. Stanton, 33, Chicago, IL; Rodrick lion Medicare beneficiaries, 2 million of ceries and other daily essentials. Bene- Swain, 24, Houston, TX; Ramon whom live in Pennsylvania alone. I ficiaries also like Medicare HMOs be- Vasquez-Ponti, 56, Miami, FL; Damon speak of the current erosion of the cause they provide coordinated care Williams, 21, Kansas City, MO; Derrion Medicare+Choice program, a situation and place a strong emphasis on preven- Wilson, 19, Memphis, TN; Margaret which demands attention by Congress tive services that help them to stay Wilson, 52, Dallas, TX; Dwayne Wright, and this administration. healthy and avoid preventable diseases. 28, Detroit, MI; Unidentified Male, 18, Currently, more than 6.2 million Mr. President, when Congress en- Norfolk, VA. Medicare beneficiaries are enrolled in acted BBA in 1997, plans were still join- One of the gun violence victims I the Medicare+Choice program, receiv- ing the Medicare+Choice program and mentioned, 20-year-old Donald Morri- ing high quality, affordable health care 74 percent of beneficiaries had access son of San Antonio, was shot and killed services through HMOs and other pri- to at least one plan. But today, access one year ago today when an irritated vate sector health plans. Beneficiaries dropped to 69 percent, with 2 million driver followed Donald into a conven- are choosing these plans because they fewer beneficiaries having access to a ience store parking lot and shot him in typically provide a more comprehen- plan. Next year, 711,000 Medicare bene- the head. sive package of benefits (including cov- ficiaries will lose access to health ben- Another victim, 33-year-old Greta erage of prescription drugs), lower out- efits and choices as a result of Congres- Johnson of Memphis, was shot and of-pocket costs, and a stronger empha- sional underpayment and burdensome killed one year ago today by her hus- sis on preventive health care services HCFA regulations. In addition, many Medicare HMOs band before he turned the gun on him- than the old Medicare fee-for-service have curtailed benefits, increased cost- self. system. sharing and raised premiums. Average We cannot sit back and allow such As my colleagues well know, for premiums have increased $11 per month senseless gun violence to continue. The more than ten years Medicare bene- in 2000. deaths of these people are a reminder ficiaries have had access to this array of enhanced health benefits and options Two major problems are responsible to all of us that we need to enact sen- for this outcome: (1) the sible gun legislation now. through the Medicare’s risk contract program, and the success of this pro- Medicare+Choice program is signifi- f gram was evidenced by the fact that cantly underfunded; and (2) the Health HEALTH CARE SAFETY NET beneficiaries signed up for Medicare Care Financing Administration (HCFA) OVERSIGHT ACT OF 2000 HMO coverage in large numbers. From has imposed excessive regulatory bur- dens on health plans participating in Mr. HATCH. Mr. President, I am December 1993 through December 1997, the program. The funding problem has pleased to cosponsor the Health Care enrollment in Medicare HMOs in- been caused by the unintended con- Safety Net Oversight Act of 2000, which creased at an average annual rate of 30 sequences of the Medicare+Choice pay- is an important step toward addressing percent. In states such as Louisiana, ment formula that was established by a critical issue facing our country: the Pennsylvania, Ohio, and Texas, enroll- the BBA, as well as the Administra- fact that over 40 million Americans ment in Medicare HMOs increased even tion’s decision to implement risk ad- lack health insurance. more rapidly. In December 1997, shortly justment of Medicare+Choice payments While it is natural to question the after the enactment of the BBA, Medi- on a non-budget neutral basis. Under need for any new commission, I believe care HMO enrollment stood at 5.2 mil- this formula, the vast majority of this legislation is more than warranted lion, accounting for 14 percent of the health plans have been receiving an- given the fact that there is such a sub- total Medicare population—up from nual payment updates of only 2 percent just 1.3 million enrollees and 3 percent stantial number of Americans who are in recent years—while the cost of car- of the Medicare population in Decem- uninsured and there is to date no com- ing for Medicare beneficiaries has been prehensive solution to this problem. ber 1990. increasing at a much higher rate. Despite the hard work of Community The success of the Medicare HMO When plans withdraw from commu- Health Centers in Utah and throughout program inspired Congress to establish nities, beneficiaries are forced to the Nation, and despite the many, the Medicare+Choice program in 1997 switch plans, or in some cases revert many efforts of others who are working through the enactment of the Balanced back to the traditional Medicare pro- to improve health care delivery in hos- Budget Act (BBA). In establishing the gram, which does not cover additional pitals, emergency rooms and clinics, Medicare+Choice program, Congress benefits like eye and dental care, or, two facts remain. First, it is deplorable had three goals in mind: (1) to build on more importantly, prescription drugs. that in a Nation as great as the United the success of the Medicare HMO pro- It is in response to this crisis in the States, we still have so many people gram; (2) to give seniors and persons Medicare+Choice program that I am who lack basic health care services. with disabilities the same health care pleased to be introducing The Medicare And second, there is no national con- choices available to Americans who ob- Beneficiaries’ Choice Stabilization Act. sensus on how this problem should be tain their health coverage through the This legislation will make numerous addressed by the public and private private sector; and (3) to further ex- changes to the way Medicare+Choice sectors. pand beneficiaries’ health care choices rates are calculated and will seek to It is obvious that we need to begin by establishing an even wider range of sensitize the funding mechanisms in the process toward developing that health plan options and by making the current Medicare system to the dif- necessary consensus, and I believe the such options available in areas where ficulties of health care delivery in all Health Care Safety Net Oversight Com- Medicare HMOs were not yet available. communities, and particularly in rural mission’s work will help us meet that Three years later, however, the areas. goal. Medicare+Choice program has not ful- As the costs of providing care in I commend Senator BAUCUS and my filled its promise of expanding health some areas can be higher than the pay- colleagues for their work which has led care choices for Medicare beneficiaries. ments from Medicare, The Medicare to introduction of our bipartisan bill Instead, a large number of beneficiaries Beneficiaries’ Choice Stabilization Act tonight. As the legislation progresses, I have lost their Medicare+Choice plans will also give plans the opportunity to do want to work with them to improve or experienced an increase in out-of- negotiate for higher payment rates a limited number of provisions in the pocket costs or a reduction in benefits. based on local costs.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8408 CONGRESSIONAL RECORD — SENATE September 12, 2000 Realizing the importance of assuring that our government has to the Amer- an opportunity to use our national for- that the benefits of programmatic reg- ican people to ensure the utmost fair- ests. This quiet, somewhat uneventful ulations outweigh their costs, my leg- ness and justice in the administration program continues to produce close islation will also provide of the ultimate punishment, and with bonds and remarkable memories for Medicare+Choice providers regulatory the first federal execution since 1963 hundreds of thousands of Americans, relief from overreaching HCFA dic- scheduled to take place before the end but in order to secure the future of the tates. Rather than devoting substan- of the year, a credible, comprehensive cabin program, this Congress needs to tial human and financial resources to- review can be conducted only by an reexamine the basis on which fees are ward compliance activities, which independent commission. now being determined. leaves fewer resources available for This is what Governor Ryan decided Roughly twenty years ago, the For- paying for health care services pro- in Illinois. He created an independent, est Service saw the need to modernize vided to beneficiaries, Medicare+Choice blue ribbon commission to review the the regulations under which the cabin plans ought to be left to the fullest ex- criminal justice system in his state, program is administered. Acknowl- tent possible to the business they know while suspending executions. The wis- edging that the competition for access best: providing high quality and cost dom of that bold stroke by Governor and use of forest resources has in- effective health care to our Medicare Ryan is clear, both to supporters and creased dramatically since 1915, both beneficiaries. opponents of capital punishment. The the cabin owners and the agency want- Congress must devote more adequate federal government must do the same. ed a formal understanding about the funding to the Medicare+Choice pro- The President should appoint a blue rights and obligations of using and gram, and work to ensure that re- ribbon federal commission of prosecu- maintaining these structures. sources are allocated in such a way as tors, judges, law enforcement officials, New rules that resulted nearly a dec- to assure that the Medicare+Choice and other distinguished Americans to ade later reaffirmed the cabins as a program is viable in areas where bene- address the questions that are raised valid recreational use of forest land. At ficiaries have already selected health by the Justice Department report and the same time, the new policy reflected plan options and that the program can propose solutions that will ensure fair- numerous limitations on use that are expand in areas where such options are ness in the administration of the fed- felt to be appropriate in order keep not yet widely available. I am spon- eral death penalty. areas of the forest where cabins are lo- soring Beneficiaries’ Choice Stabiliza- I urge the President to suspend all cated open for recreational use by tion Act with just these goals in mind, federal executions while an inde- other forest visitors. Commercial use and I hope my colleagues will join me pendent commission undertakes a thor- of the cabins is prohibited, as is year- in a bipartisan effort to save and ough review. That is the right thing to round occupancy by the owner. Owners strengthen the Medicare+Choice pro- do, given the troubling racial and re- are restricted in the size, shape, paint gram and the valuable health benefits gional disparities in the administration color and presence of other structures it provides for our Medicare population of the federal death penalty. Indeed, it or installations on the cabin lot. The which relies on them. is the only fair and rational response only portion of a lot that is controlled f to these disturbing questions. Let’s by the cabin owner is that portion of take the time to be sure we are being the lot that directly underlies the foot- DEPARTMENT OF JUSTICE RE- fair. Let’s temporarily suspend federal print of the cabin itself. PORT OF RACE AND GEO- executions and let a thoughtfully cho- At some locations, the agency has de- GRAPHIC DISPARITIES IN FED- sen commission examine the system. termined a need to remove cabins for a ERAL CAPITAL PROSECUTIONS American ideals of justice demand that variety of reasons related to ‘‘higher Mr. FEINGOLD. Mr. President, in re- much. public purposes,’’ and cabin owners cent months, our Nation has begun to f wanted to be certain in the writing of question the fairness of the death pen- new regulations that a fair process alty with greater urgency. Now, with CABIN USER FEE FAIRNESS ACT would guide any future decisions about details of the Justice Department re- OF 1999 cabin removal. At other locations, port being released, we have learned Mr. CRAIG. Mr. President, soon the some cabins have been destroyed by that just as we feared, the same serious Senate will take up S. 1938, the Cabin fire, avalanche or falling trees, and a flaws in the administration of the User Fee Fairness Act of 1999. It is de- more reliable process of determining death penalty that have plagued the signed to set a new course for the For- whether such cabins might be rebuilt states also afflict the federal death est Service in determining fees for for- or relocated was needed. It was deter- penalty. The report documents appar- est lots on which families and individ- mined, therefore, that this recreational ent racial and regional disparities in uals have been authorized to build cab- program would be tied more closely to the administration of the federal death ins for seasonal recreation since the the forest planning process. penalty. All Americans agree that early part of this century. The question of an appropriate fee to whether you die for committing a fed- In 1915, under the Term Permit Act, be paid for the opportunity of con- eral crime should not depend arbi- Congress set up a program to give fam- structing and maintaining a cabin in trarily on the color of your skin or ran- ilies the opportunity to recreate on our the woods was also addressed at that domly on where you live. When 5 of our public lands through the so-called time. Although the agency’s policies 93 United States Attorneys account for recreation residence program. Today, for administration of the cabin pro- 40 percent of the cases where the death 15,000 of these forest cabins remain, gram have, overall, held up well over penalty is sought; when 75 percent of providing generation after generation time, the portion dealing with periodic federal death penalty cases involve a of families and their friends a respite redetermination of fees proved in the minority defendant, something may be from urban living and an opportunity last few years to be a failure. awry and it’s time to stop and take a to use our public lands. A base fee was determined twenty sober look at the system that imposes These cabins stand in sharp contrast years ago by an appraisal of sales of the ultimate punishment in our names. to many aspects of modern outdoor ‘‘comparable’’ undeveloped lots in the I first urged the President to suspend recreation, yet are an important aspect real estate market adjacent to the na- federal executions to allow time for a of the mix of recreation opportunities tional forest where a cabin was located. thorough review of the death penalty for the American public. While many of The new policy called for reappraisal of on February 2 of this year. I repeat us enjoy fast, off-road machines and the value of the lot twenty years that request today, more strongly than watercraft or hiking to the later—a trigger that led to initiation of ever. While I understand the Attorney backcountry with high-tech gear, oth- the reappraisal process in 1995. General plans further studies of some ers enjoy a relaxing weekend at their In the meantime, according to the of the issues raised by the report, addi- cabin in the woods with their family policy, annual adjustments to the base tional internal reviews alone will not and friends. fee would be tracked by the Implicit satisfy public concern about our sys- The recreation residence programs Price Deflator (IPD), which proved to tem. With the solemn responsibility allows families all across the country be a faulty mechanism for this purpose.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8409 Annual adjustments to the fee based on residence program is managed to preserve of a published price index that reports movements of the IPD failed entirely the opportunity for individual and family- changes in rural or similar land values in the to keep track of the booming land val- oriented recreation and 2) to develop a more State, county, or market area in which the ues associated with recreation develop- consistent procedure for determining cabin lot is located. An adjustment to the fee may user fees, taking into consideration the limi- not exceed 5 percent per year, but the ment. tations of an authorization and other rel- amount of adjustment exceeding 5 percent As the results of actual reappraisals evant market factors. shall be carried forward for application in on the ground began reaching my office SEC. 4 DEFINITIONS the following year or years. in 1997, it became clear that far more At the end of the initial 10-year period, the than the inoperative IPD was out of This section defines the terms ‘‘agency’’ Secretary has the option to choose a dif- ‘‘authorization’’ ‘‘base cabin user fee’’ ferent index if it is determined that this alignment in determining fees for the ‘‘cabin’’ ‘‘cabin owner’’ ‘‘cabin user fee’’ cabin owners. index better reflects change in the value of a ‘‘caretaker cabin’’ ‘‘current cabin user fee’’ cabin lot over time. At the Pettit Lake tract in Idaho’s ‘‘lot’’ ‘‘natural, native state’’ ‘‘program’’ SEC. 9 PAYMENT OF CABIN USER FEES Sawtooth National Recreation Area, ‘‘Secretary’’ ‘‘tract’’ ‘‘tract association’’ and the new base fees skyrocketed into ‘‘typical lot’’ A cabin user fee shall be prepaid annually by the cabin owner. If the increase over the alarming five-digit amounts—so high SEC. 5 ADMINISTRATION OF RECREATION current base cabin user fee exceeds 100 per- that a single annual fee was nearly RESIDENCE PROGRAM cent, payment of the increased amount shall enough money to buy raw land outside To the maximum extent practicable, the be phased in over three years. the forest and construct a cabin. Mean- Secretary will determine a cabin user fee for SEC. 10 RIGHT OF SECOND APPRAISAL while, the agency’s appraisal method- owners of privately owned cabins, authorized On receipt of notice from the Secretary of to be built on National Forest land, that re- ology was resulting in new base fees in the determination of a new base cabin user flects the market value of the cabin lot and South Dakota, in Florida, and in some fee, the cabin owner may obtain a second ap- regional and local economic influences. locations in Colorado that were actu- praisal at the cabin owner’s expense. The ally lower than the previous fee. SEC. 6 APPRAISALS Secretary shall determine a new base cabin At the request of the chairman of the The Secretary will establish an appraisal user fee that is equal to the base cabin user House Committee on Agriculture in process to determine the market value of a fee determined by the initial appraisal or the 1998, the cabin owners named a coali- typical lot or lots at a cabin tract. Section 6 second appraisal, or within that range of val- tion of leaders of their various national describes the unique characteristics of the ues. and state cabin owner associations to lots authorized for use under the Forest SEC. 11 RIGHT OF APPEAL AND JUDICIAL REVIEW Service recreation residence program, and examine the methodology being used The Secretary shall grant the cabin owner the characteristics of parcels of land sold in the right to an administrative appeal of the by the Forest Service to determine the private sector that might appropriately fees. It became obvious to these lay- determination of a new base cabin user fee. A provide comparable market information for cabin owner that is adversely affected by a men that analysis of appraisal method- purposes of determining market value. final decision of the Secretary may bring a ology and the determination of fees As a first step, the Secretary will complete civil action in United States district court. an inventory of existing improvements to was beyond their grasp, and a respected SEC. 12 CONSISTENCY WITH OTHER LAW AND the cabin lots in the program to determine consulting appraiser was retained to RIGHTS guide the cabin owners through their whether these improvements were paid for by the agency, by third parties, or by the Nothing in this Act limits or restricts any task. The report and recommendations cabin owner. Improvements paid for by the right, title, or interest of the United States of the coalition’s consulting appraiser cabin owner (or his predecessor) are not in- in or to any land or resource. The Secretary is available from my office for those cluded in the market value. There is a rebut- shall not establish a cabin user fee or a con- who might wish to examine the details. table presumption that improvements were dition affecting a cabin user fee that is in- This legislation reflects the coalition’s paid for by the cabin owner or his prede- consistent with the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)). consulting appraiser’s report and com- cessor. SEC. 13 REGULATIONS ments from the Administration and the The Secretary will contract with an appro- appraiser they hired to review their ap- priate appraisal organization to manage the The Secretary shall promulgate regula- development of specific appraisal guidelines. tions to carry out this Act within 2 years of praisal process. An appraisal shall be performed by a State- the date of enactment. This is highly technical legislation. certified general real estate appraiser in SEC. 14 TRANSITION PROVISIONS Its purpose is to send a clear set of in- compliance with Uniform Standards of Pro- The Secretary may complete the current structions to appraisers in the field and fessional Appraisal Practice, Uniform Ap- appraisal process in accordance with the pol- a clear set of instructions to forest praisal Standards for Federal Land Acquisi- icy in effect prior to enactment of this Act. managers to respect the results of ap- tions, and specific appraisal guidelines devel- For annual cabin fees conducted on or praisals undertaken to place value on oped in accordance with this Act. after September 30, 1995 but prior to promul- the raw land being offered cabin own- Reappraisal for the purpose of recalcula- gation of regulations required under this tion of the base cabin user fee shall occur Act, the Secretary shall temporarily charge ers. Additionally, the purpose of this not less often than once every 10 years. legislation is to ensure that the cabin an annual cabin user fee as determined by SEC. 7 CABIN USER FEES appraisals occurring since September 30, program continues long into the fu- 1995, provided that the amount charged shall ture, that it provides a fair return to To determine the annual base cabin user fee, the Secretary shall multiply the market not be more than $3,000 greater than the the taxpayers, and continues to gen- value of the cabin lot by 5 percent. This cal- cabin user fee in effect on October 1, 1996, as erate a profit for the Treasury. culation reflects restrictions imposed by the adjusted for inflation. I ask unanimous consent that the permit, including the limited term, absence In the absence of an appraisal conducted section-by-section analysis for S. 1938 of significant property rights, and the on or after September 30, 1995, the Secretary be entered into the RECORD following public’s right of access to, and use of, any shall continue to charge the annual cabin this statement. open portion of the forest lot upon which the user fee in effect on the date of enactment of There being no objection, the mate- cabin is located. this Act until a new fee is determined under the new regulations and the right of the rial was ordered to be printed in the If the Secretary decides to discontinue use of a lot as a cabin site, payment of the full cabin owner to a second appraisal is ex- RECORD, as follows: base cabin user fee will be phased out in hausted. SECTION-BY-SECTION ANALYSIS equal increments over the final 10 years of Not later than 2 years after promulgation SEC. 1 TITLE the existing authorization. If the decision to of final regulations, cabin owners who re- This Act may be cited as the ‘‘Cabin User eliminate the authorization for use as a ceived a new appraisal after September 30, Fee Fairness Act of 2000’’ cabin lot is reversed, the cabin owner may be 1995, but prior to promulgation of new regu- lations under this Act, may request a new SEC. 2 FINDINGS required to pay any portion of fees that were forgone as a result of the expectation of ter- appraisal or peer review of the existing ap- Current appraisal procedures for deter- praisal. Such request must be made by a ma- mining recreation residence user fees have, mination. The cabin owner’s fee obligation termi- jority of the cabin owners in a group of cab- in certain circumstances, been inconsist- ins represented in the appraisal process by a ently applied in determining fair market val- nates if an act of God or catastrophic event makes it unsafe to continue occupying a typical lot. ues for cabin lots demonstrating the need for Peer review will be conducted by an inde- cabin lot. clarification of these provisions. pendent professional appraisal organization. SEC. 3 PURPOSES SEC. 8 ANNUAL ADJUSTMENT OF CABIN USER FEE If peer review determines that the earlier ap- The purposes of the Act are 1) to ensure The Secretary shall adjust the cabin user praisal was conducted in a manner incon- that the National Forest System recreation fee annually, using a rolling 5-year average sistent with this Act, such appraisal may be

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8410 CONGRESSIONAL RECORD — SENATE September 12, 2000 revised accordingly, or subject to an agree- tacking fires. These tasks often entail than $5 trillion—$5,132,057,300,511.24, ment with the cabin owners, a new appraisal miles of walking, and hours of tough five trillion, one hundred thirty-two and fee determination may be conducted. manual labor, like scraping the ground, billion, fifty-seven million, three hun- Cabin owners and the Secretary shall chopping and digging, all while wearing dred thousand, five hundred eleven dol- share, in equal proportion, the payment of all reasonable costs of any new appraisal or uncomfortable protective equipment. lars and twenty-four cents, during the peer review. The work is so demanding that some past 25 years. For annual cabin user fees capped by an in- firefighters still lose weight even f though they have consumed five or six crease of $3,000, if the new appraisal or peer ADDITIONAL STATEMENTS review resulted in a cabin fee that is 90% or thousand calories a day. Sleep is often more of the appraisal conducted on or after inadequate and infrequent. Some teams September 30, 1995 but prior to the promulga- along the fire line have been known to COMMENDING RUTHIE MATTHES tion of regulations under this Act, the Sec- work 48-hour shifts before calling it a retary shall charge the cabin owner the un- AND STACY DRAGILA day. Firefighters can almost count on paid difference between those two appraised ∑ Mr. CRAPO. Mr. President, I rise cabin fees in three annual equal install- receiving blistered feet and bloodshot today to commend the remarkable ac- ments. eyes. Serious injuries and even death complishments of Ruthie Matthes, an In the absence of a request for a new ap- are ever-present risks. This year, six- Idaho native and a cross-country cy- praisal or peer review, the Secretary may teen people have suffered fire-related clist, and Stacy Dragila, an Idaho con- consider the base cabin user fee resulting fatalities. from the appraisal conducted after Sep- stituent and pole vaulter. Fire support teams also have been At the United States Olympic Track tember 30, 1995, to be the base cabin user fee working overtime as drivers, equip- in accordance with this Act. and Field trials in July, Stacy cleared ment operators, paramedics, medical fifteen feet, two and a quarter inches, f staff, and trouble shooters. It is an which broke her personal record by a WILDFIRES enormous management task just to half-inch and further solidified her make sure that all of the firefighters Mr. CRAPO. Mr. President, I rise to qualification to represent the United are fed and that they receive the equip- States at the Sydney 2000 Olympic acknowledge the efforts of the tens of ment, medical attention, and time to thousands of brave men and women Games. sleep. Stacy, a native of Auburn, California, who have fought this year’s rash of I commend all of the firefighters and graduated from Idaho State University wildfires throughout the West. These support teams for meeting the physical and currently resides in Pocatello in firefighters have weakened the men- and mental challenges with bravery my home state of Idaho. It is an honor acing flames that have burned millions and steadfast determination. I know I that she has chosen to live in Idaho of acres of western states, taking lives speak for all when I say that our and continues to do a lot of her train- and devouring farmland, forests and thoughts and prayers are for their safe- ing in Idaho. homes. More than six and a half mil- ty and we are eager for them to return Stacy has won three of four national lion acres have been destroyed this to their normal lives. championships since the pole vault be- year. My home state of Idaho, with one The fire season is not yet over as came an official event in 1997. She cur- and a quarter million acres lost to the hundreds of fires blaze and threats of rently ranks as the defending world flames, has been one of the most more lightening storms that could champion and has broken her indoor harmed. bring new fires loom. This is indeed a and outdoor world records a combined This fire season is the worst we have difficult time, although we can take eight times since August. All of her faced in fifty years. It is clear that peace of mind from the fact that competitions have been approached without the help of the many people steady, well-trained hands are working with maximum effort and dedicated who are fighting these fires, many in- on our behalf to keep the towering preparation. habited areas of the West could become flames at bay. Right now, it is impor- At the U.S. Track and Field Trials, smoldering expanses of charred re- tant to be grateful for the hard work Stacy tried to break her record again, mains. I offer my sincerest gratitude to that has been done to protect us and attempting fifteen feet, five inches, everyone participating in the effort to hopeful for an end to the destruction. three times. She missed each of her combat the devastating fires. Their f three tries, but ended the competition work protecting lives, property and the encouraged and gratified nonetheless. THE VERY BAD DEBT BOXSCORE environment is appreciated by all west- ‘‘It helps me to know that I can jump erners and is crucial to the western Mr. HELMS. Mr. President, at the under pressure,’’ she said. ‘‘And it’s economy. close of business yesterday, Monday, nice to know that I’m attempting 15–5 Firefighters and fire support teams September 11, 2000, the Federal debt and I still have things to work on.’’ have been deployed from a range of fed- stood at $5,680,975,300,511.24, five tril- Ruthie Matthes was born in Sun Val- eral and municipal agencies including lion, six hundred eighty billion, nine ley, ID, and lived in neighboring county sheriffs departments, local vol- hundred seventy-five million, three Ketchum throughout most of her form- unteer fire departments, tribes and hundred thousand, five hundred eleven ative years. She began cycling as part other local crews throughout the West dollars and twenty-four cents. of her training for alpine hill ski rac- and the Forest Service, the Bureau of Five years ago, September 11, 1995, ing. Her decision to cycle full-time was Land Management, the Bureau of In- the Federal debt stood at followed by great success. dian Affairs, the National Park Serv- $4,962,944,000,000, four trillion, nine Between 1990 and 1996, Ruthie took ice, the U.S. Fish and Wildlife Service, hundred sixty-two billion, nine hun- home two bronze, two silver, and one and the National Oceanic and Atmos- dred forty-four million. gold medal at the World Mountain Bike pheric Administration. Help has also Ten years ago, September 11, 1990, Championships. She was also the Na- been enlisted from the National Guard the Federal debt stood at tional Cross-Country champion from and battalions from the U.S. Army and $3,231,889,000,000, three trillion, two 1996–1998. Her off-road career now in- the U.S. Marine Corps as well as from hundred thirty-one billion, eight hun- cludes three consecutive national trained individuals from Canada, Mex- dred eighty-nine million. cross-country titles. ico, Australia and New Zealand. Most Fifteen years ago, September 11, 1985, Ruthie deserves as much praise for of these efforts have been coordinated the Federal debt stood at her athletic prowess as she does for her out of the National Interagency Fire $1,823,101,000,000, one trillion, eight positive sports ethic. ‘‘You have to Center, located in Boise, Idaho. hundred twenty-three billion, one hun- stay true to your heart,’’ says Matthes. Battling fires is dangerous and ex- dred one million. ‘‘Do your very best and enjoy it. hausting work. The air is warm, Twenty-five years ago, September 11, Whether you finish first, tenth or last, smoke-filled and flecked with ash. 1975, the Federal debt stood at all of it is an opportunity to learn Most of the firefighter’s time is spent $548,918,000,000, five hundred forty-eight about yourself.’’ building firelines, burning out areas, billion, nine hundred eighteen million, These two women, and other devoted moping up after fires and directly at- which reflects a debt increase of more athletes, serve as reminders that,

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8411 through healthy competition, our chal- ment, we recognize that we cannot do of the death of the Honorable Herbert lengers can inspire us to excel. They it all ourselves. The difficult task is H. Bateman, a Representative from the unify those of us who watch them understanding when, after many years Commonwealth of Virginia. That a through shared pride and passion. of easy mobility in life, an individual committee of such Members of the Their victories leave our souls soaring needs assistance. National Assisted House as the Speaker may designate, high and our feet feeling light. In times Living Week promotes not only an in- together with such Members of the of defeat, we are humbled by the fact creased quality of life for the elderly, Senate as may be joined, be appointed that there is more work to be done to but builds a team and network to ac- to attend the funeral. That the Ser- reach our team’s victory. complish this added quality of life by geant at Arms of the House be author- The Olympic ideal is perhaps the best opening our eyes to the obstacles we ized and directed to take such steps as evidence that endurance, the desire to can conquer if we only ask for a little may be necessary for carrying out the challenge oneself, and the pursuit of assistance. provisions of these resolutions and that achieving top physical form are age- National Assisted Living Week pro- the necessary expenses in connection long endeavors. The events dem- vides an environment which brings to- therewith be paid out of applicable ac- onstrate that the will to compete in gether friends and family with the staff counts of the House. That the Clerk the athletic arena is nearly universal, and volunteers of assisted living pro- communicate these resolutions to the crossing boundaries of culture and ge- grams to discover and explore the con- Senate and transmit a copy thereof to ography to bring together most of the tributions and services these facilities the family of the deceased. That when world’s nations. It is one of the great offer to their communities. These cen- the House adjourns today, it adjourn as celebrations of the human spirit and ters will hold many events this week to a further mark of respect to the mem- one of the finest examples of our time spotlight their activities and help edu- ory of the deceased. of peaceful multi-national competition. cate the communities they serve. Na- f I am very proud of Ruthie and tional Assisted Living Week works as a EXECUTIVE AND OTHER Stacy’s accomplishments and the role catalyst, by helping to create strong COMMUNICATIONS that they will play in this inter- relationships involving all facets of the national competition. I wish Ruthie, community, including places of wor- The following communications were Stacy, and all the other athletes who ship, health care facilities, schools, and laid before the Senate, together with are participating in the Olympics this businesses. accompanying papers, reports, and doc- year, the challenge of vigorous com- During this National Assisted Living uments, which were referred as indi- petition. May they again know the ex- Week, I recognize the selfless efforts of cated: altation of pushing themselves to their those Minnesotans and many other car- EC–10672. A communication from the Presi- limits and the roar of a crowd that ing Americans who help make dignity dent of the United States, transmitting, pur- lives vicariously through their tri- in retirement a reality, and I offer suant to law, a proclamation relative to Ni- umph.∑ geria; to the Committee on Finance. them my thanks as they promote as- EC–10673. A communication from the So- f sisted living as a quality way of life for cial Security Regulations Officer, Social Se- ∑ NATIONAL ASSISTED LIVING America’s elderly. curity Administration, transmitting, pursu- ant to law, the report of a rule entitled WEEK f ‘‘Supplemental Security Income; Deter- ∑ Mr. GRAMS. Mr. President, today I MESSAGES FROM THE PRESIDENT mining Disability for a Child Under Age 18’’ rise to draw attention to a vital service (RIN0960–AF40) received on September 8, Messages from the President of the upon which many older Americans de- 2000; to the Committee on Finance. United States were communicated to pend: assisted living. I also want to pay EC–10674. A communication from the Chief, the Senate by Ms. Evans, one of his Regulations Unit, Internal Revenue Agency, tribute to those who work in this na- secretaries. Department of the Treasury, transmitting, tion’s assisted living facilities and pursuant to law, the report of a rule entitled EXECUTIVE MESSAGES REFERRED dedicate their lives to making someone ‘‘2000 National Pool’’ (Rev. Proc. 2000–36) re- else’s life a little easier. As in executive session the Presiding ceived on September 11, 2000; to the Com- Grandparents Day—Sunday, Sep- Officer laid before the Senate messages mittee on Finance. tember 10—marks the beginning of the from the President of the United EC–10675. A communication from the Act- sixth annual National Assisted Living States submitting two treaties and ing Director of the Office of Sustainable Week (September 10–16), sponsored by sundry nominations which were re- Fisheries, National Marine Fisheries Serv- ice, Department of Commerce, transmitting, the National Center for Assisted Liv- ferred to the appropriate committees. (The nominations received today are pursuant to law, the report of a rule entitled ing. This year’s theme is ‘‘The Art of ‘‘Fisheries of the Exclusive Economic Zone Life,’’ highlighting the creative new printed at the end of the Senate pro- Off Alaska; Other Red Rockfish in the Bering ways in which seniors are expressing ceedings.) Sea Subarea of the Bering Sea and Aleutian themselves as they strive to maintain f Islands Management Area’’ received on Sep- their independence and autonomy. tember 8, 2000; to the Committee on Com- In the U.S., nearly 28,000 assisted liv- MESSAGE FROM THE HOUSE merce, Science, and Transportation. ing facilities accommodate more than EC–10676. A communication from the Act- At 6:47 p.m., a message from the ing Director of the Office of Sustainable 1.15 million people by providing super- House of Representatives, delivered by Fisheries, National Marine Fisheries Serv- vision, assistance, and health care Ms. Niland, one of its reading clerks, ice, Department of Commerce, transmitting, services. The need for assisted living announced that the House has passed pursuant to law, the report of a rule entitled services is growing with the rapidly in- the following bills, without amend- ‘‘Fisheries of the Exclusive Economic Zone creasing elderly population in Amer- ment: Off Alaska; Species in the Rock sole/Flat- ica. Advances in medicine and tech- S. 1027. An act to reauthorize the partici- head sole/‘‘Other flatfish’’ Fishery Category nology have dramatically extended the pation of the Bureau of Reclamation in the by Vessels Using Trawl Gear in the Bering ability of seniors to live independent Deschutes Resources Conservancy, and for Sea and Aleutian Islands Management Area’’ other purposes. received on September 8, 2000; to the Com- lives without the need for assistance mittee on Commerce, Science, and Transpor- with daily functions. However, as sen- S. 1117. An act to establish the Corinth Unit of Shiloh National Military Park, in tation. iors live longer, more of them eventu- EC–10677. A communication from the Act- the vicinity of the city of Corinth, Mis- ing Director of the Office of Sustainable ally discover they need a helping hand sissippi, and in the State of Tennessee, and Fisheries, National Marine Fisheries Serv- in order to maintain the lifestyle to for other purposes. ice, Department of Commerce, transmitting, which they have become accustomed— S. 1937. An act to amend the Pacific North- pursuant to law, the report of a rule entitled a lifestyle they should not have to give west Electric Power Planning and Conserva- ‘‘Fisheries of the Northeastern United tion Act to provide for sales of electricity by up simply because they are growing States; Summer Flounder Fishery; Commer- the Bonneville Power Administration to older. cial Quota Harvested for Massachusetts’’ re- joint operating entities. Just as we are full of excitement ceived on September 8, 2000; to the Com- from new challenges in our adoles- The message also announced that the mittee on Commerce, Science, and Transpor- cence, in our later years, after retire- House has heard with profound sorrow tation.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8412 CONGRESSIONAL RECORD — SENATE September 12, 2000 EC–10679. A communication from the Act- ministration, Department of Transportation, ministration, Department of Transportation, ing Director of the Office of Sustainable transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Fisheries, National Marine Fisheries Serv- a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: ice, Department of Commerce, transmitting, Fairchild Aircraft, Inc. Models SA226–T, Airbus Model A300, A300–600, and A310 Series pursuant to law, the report of a rule entitled SA226–AT, SA226–TC, SA227–AT, SA–227–TT, Airplanes Docket No. 2000–NM–54–AD [10–13– ‘‘Fisheries of the Exclusive Economic Zone and SA–227–AC Airplanes; docket no. 99–CE– 9–11–00]’’ (RIN2120–AA64) (2000–0459) received Off Alaska; Pollock in Statistical Area 630 of 62–AD [8–22/9–7]’’ (RIN2120–AA64) (2000–0442) on September 11, 2000; to the Committee on the Gulf of Alaska’’ received on September 8, received on September 11, 2000; to the Com- Commerce, Science, and Transportation. 2000; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- EC–10697. A communication from the Pro- Science, and Transportation. tation. gram Assistant of the Federal Aviation Ad- EC–10680. A communication from the Trial EC–10689. A communication from the Pro- ministration, Department of Transportation, Attorney of the National Highway Traffic gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of Safety Administration, Department of ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: Transportation, transmitting, pursuant to transmitting, pursuant to law, the report of Boeing Model 727 Series Airplanes Docket law, the report of a rule entitled ‘‘List of a rule entitled ‘‘Airworthiness Directives: No. 99–NM–75–AD [8–17–9–11–00]’’ (RIN2120– nonconforming vehicles determined to be eli- Rolls Royce plc. RB211 Trent 768–60, Trent AA64) (2000–0462) received on September 11, gible for importation’’ (RIN2127–AI17) re- 772–60 and Trent 772B 60 Turbofan Engines; 2000; to the Committee on Commerce, ceived on September 11, 2000; to the Com- corrections; docket no. 2000–NE–05 [8–23/9–7]’’ Science, and Transportation. mittee on Commerce, Science, and Transpor- (RIN2120–AA64) (2000–0451) received on Sep- EC–10698. A communication from the Sec- tation. tember 11, 2000; to the Committee on Com- retary of Transportation, transmitting, pur- EC–10681. A communication from the Trial merce, Science, and Transportation. suant to law, a report relative to importing Attorney of the National Highway Traffic EC–10690. A communication from the Pro- noncomplying motor vehicles; to the Com- Safety Administration, Department of gram Assistant of the Federal Aviation Ad- mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to ministration, Department of Transportation, tation. law, the report of a rule entitled ‘‘Schedule transmitting, pursuant to law, the report of EC–10699. A communication from the Sec- of Fees authorized by 49 U.S.C. 30141’’ a rule entitled ‘‘Airworthiness Directives: retary of Transportation, transmitting, pur- (RIN2127–AI11) received on September 11, Allison Engine Company Model AE 3007C Se- suant to law, a report relative to insulin- 2000; to the Committee on Commerce, ries Turbofan Engines; Docket No. 2000–NE– treated diabetes mellitus; to the Committee Science, and Transportation. 33–AD [9–11–00]’’ (RIN2120–AA64) (2000–0452) on Commerce, Science, and Transportation. EC–10682. A communication from the At- received on September 11, 2000; to the Com- EC–10700. A communication from the Sec- torney of the Research and Special Programs mittee on Commerce, Science, and Transpor- retary of Transportation, transmitting, pur- Administration, Department of Transpor- tation. suant to law, the National Bicycle Safety tation, transmitting, pursuant to law, the re- EC–10691. A communication from the Pro- Education Curriculum; to the Committee on port of a rule entitled ‘‘Hazardous Materials: gram Assistant of the Federal Aviation Ad- Commerce, Science, and Transportation. Advisory Notice; Transportation of Lithium ministration, Department of Transportation, EC–10701. A communication from the Sec- Batteries’’ (RIN2137–AD48) received on Sep- transmitting, pursuant to law, the report of retary of Transportation, transmitting, pur- tember 11, 2000; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives: suant to law, a report relative to the trans- merce, Science, and Transportation. Final Rule; request for comments, Raytheon portation’s research and development plan; EC–10683. A communication from the Dep- Aircraft Company Models A65, A65–8200, 65– to the Committee on Commerce, Science, uty Chief Counsel of the Research and Spe- B80, 70, 95–B55, 95–C55, D55, E55, 56TC, A56TC, and Transportation. cial Programs Administration, Department 58, 58P, 58TC, and 95–B55B (T42A) Airplanes; EC–10702. A communication from the As- of Transportation, transmitting, pursuant to Docket No. 2000–CE–53–AD [9–22–9–11]’’ sistant Secretary (Legislative Affairs), De- law, the report of a rule entitled ‘‘Pipeline (RIN2120–AA64) (2000–0453) received on Sep- partment of State, transmitting, pursuant to Safety: Internal Corrosion in Gas Trans- tember 11, 2000; to the Committee on Com- law, the report of the transmittal of the cer- mission Pipelines; Notice; issuance of advi- merce, Science, and Transportation. tification of the proposed issuance of an ex- sory bulletin’’ (RIN2137–AD52) received on EC–10692. A communication from the Pro- port license relative to Singapore and Ger- September 11, 2000; to the Committee on gram Assistant of the Federal Aviation Ad- many; to the Committee on Foreign Rela- Commerce, Science, and Transportation. ministration, Department of Transportation, tions. EC–10684. A communication from the At- transmitting, pursuant to law, the report of torney Advisor, National Highway Traffic a rule entitled ‘‘Airworthiness Directives: f Safety Administration, Department of Rolls-Royce plc RB211–524D4 Series Turbofan INTRODUCTION OF BILLS AND Transportation, transmitting, pursuant to Engines Docket No. 2000–NE–23–AD [9–22–9– JOINT RESOLUTIONS law, the report of a rule entitled ‘‘Com- 11]’’ (RIN2120–AA64) (2000–0454) received on pressed Natural Gas Fuel Container Integ- September 11, 2000; to the Committee on The following bills and joint resolu- rity’’ (RIN2127–AH72) received on September Commerce, Science, and Transportation. tions were introduced, read the first 11, 2000; to the Committee on Commerce, EC–10693. A communication from the Pro- and second times by unanimous con- Science, and Transportation. gram Assistant of the Federal Aviation Ad- sent, and referred as indicated: EC–10685. A communication from the Asso- ministration, Department of Transportation, ciate Administrator for Procurement, Na- transmitting, pursuant to law, the report of By Mr. WYDEN: tional Aeronautics and Space Administra- a rule entitled ‘‘Airworthiness Directives: S. 3026. A bill to establish a hospice dem- tion, transmitting, pursuant to law, the re- Aerospatiale Model ATR42–300, –300, and –320 onstration and grant program for bene- port of a rule entitled ‘‘Property Reporting Series Airplane Docket No. 97–NM–270–AD ficiaries under the Medicare program under Requirements’’ received on September 8, [10–11–9–11–00]’’ (RIN2120–AA64) (2000–0455) re- title XVIII of the Social Security Act, and 2000; to the Committee on Commerce, ceived on September 11, 2000; to the Com- for other purposes; to the Committee on Fi- Science, and Transportation. mittee on Commerce, Science, and Transpor- nance. EC–10686. A communication from the Pro- tation. By Mr. THURMOND (for himself and gram Analyst of the Federal Aviation Ad- EC–10694. A communication from the Pro- Mr. HOLLINGS): ministration, Department of Transportation, gram Assistant of the Federal Aviation Ad- S. 3027. A bill to authorize the Secretary of transmitting, pursuant to law, the report of ministration, Department of Transportation, Agriculture to purchase and transfer certain a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of land; to the Committee on Agriculture, Nu- Boeing Model 777–200 Series Airplanes; dock- a rule entitled ‘‘Airworthiness Directives: trition, and Forestry. et no. 97–NM–260 [8–21/8–31]’’ (RIN2120–AA64) Kaman Model K–1200 Helicopters Docket No. By Mr. ABRAHAM (for himself, Mr. (2000–0416) received on September 5, 2000; to 2000–SW–32–AD [9–26–9–11–00]’’ (RIN2120– BINGAMAN, Mr. JEFFORDS, and Mr. the Committee on Commerce, Science, and AA64) (2000–0456) received on September 11, LEVIN): Transportation. 2000; to the Committee on Commerce, S. 3028. A bill to amend title XVIII of the EC–10687. A communication from the Pro- Science, and Transportation. Social Security Act to provide a transitional gram Analyst of the Federal Aviation Ad- EC–10695. A communication from the Pro- adjustment for certain sole community hos- ministration, Department of Transportation, gram Assistant of the Federal Aviation Ad- pitals in order to limit any decline in pay- transmitting, pursuant to law, the report of ministration, Department of Transportation, ment under the prospective payment system a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of for hospital outpatient department services; General Electric Co. CF6–45, –50, 80A, 80C2, a rule entitled ‘‘Airworthiness Directives: to the Committee on Finance. and 80E1 Turbofan Engines; docket no. 2000– Aerospatiale Model ATR42 and ATR72 Series By Mr. SANTORUM: NE–31 [8–21/9–7]’’ (RIN2120–AA64) (2000–0435) Airplanes; Docket No. 99–NM–183–AD [10–13– S. 3029. A bill to amend part C of title received on September 11, 2000; to the Com- 9–11–00]’’ (RIN2120–AA64) (2000–0458) received XVIII to stabilize the Medicare+Choice pro- mittee on Commerce, Science, and Transpor- on September 11, 2000; to the Committee on gram by improving the methodology for the tation. Commerce, Science, and Transportation. calculation of Medicare+Choice payment EC–10688. A communication from the Pro- EC–10696. A communication from the Pro- rates, and for other purposes; to the Com- gram Assistant of the Federal Aviation Ad- gram Assistant of the Federal Aviation Ad- mittee on Finance.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8413 By Mr. THOMPSON: FITZGERALD, Mr. FRIST, Mr. GORTON, health and patient communities. My S. 3030. A bill to amend title 31, United Mr. GRAHAM, Mr. GRAMM, Mr. HAGEL, legislation stresses the following: States Code, to provide for executive agen- Mr. HELMS, Mrs. HUTCHISON, Mr. Supportive and Comfort Care: To as- cies to conduct annual recovery audits and INOUYE, Mr. JEFFORDS, Mr. JOHNSON, sist families and patients in getting recovery activities, and for other purposes; Mr. KENNEDY, Mr. KERREY, Mr. the benefit of hospice care, the Dem- to the Committee on Governmental Affairs. KERRY, Mr. HOLLINGS, Ms. LANDRIEU, By Mr. CAMPBELL: Mr. LAUTENBERG, Mr. LEAHY, Mr. onstration program will allow for a S. 3031. A bill to make certain technical LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, new supportive and comfort care ben- corrections in laws relating to Native Ameri- Mr. LUGAR, Mr. MACK, Ms. MIKULSKI, efit. This benefit, elected at the option cans, and for other purposes; to the Com- Mr. MILLER, Mr. MURKOWSKI, Mrs. of the patient, will not require the ter- mittee on Indian Affairs. MURRAY, Mr. REID, Mr. ROBB, Mr. minally ill to elect hospice care in- By Mr. SMITH of New Hampshire (for ROTH, Mr. SARBANES, Mr. SCHUMER, stead of other medical treatment, but himself, Mr. WARNER, and Mr. L. Mr. SMITH of Oregon, Ms. SNOWE, Mr. will permit a patient to have sup- CHAFEE): SPECTER, Mr. VOINOVICH, Mr. WAR- portive and comfort care in place while S. 3032. A bill to reauthorize the Junior NER, and Mr. WELLSTONE): Duck Stamp Conservation and Design Pro- S. Res. 353. A resolution designating Octo- the patient still seeks ‘‘curative treat- gram Act of 1994, and for other purposes; to ber 20, 2000, as ‘‘National Mammography ment.’’ This will permit patients and the Committee on Environment and Public Day’’; to the Committee on the Judiciary. families to learn about hospice without Works. By Mr. LOTT (for himself and Mr. forcing them to make a choice between By Mr. BOND: DASCHLE): hospice and other care. Case manage- S. 3033. A bill to delegate the Primary Re- S. Res. 354. A resolution amending para- ment would be provided through a hos- sponsibility for the Preservation and Expan- graphs 2 and 3(a) of Rule XXV and providing pice provider reimbursed on a fee-for- sion of Affordable Low-Income Housing to for certain appointments to the Agriculture, States and Localities; to the Committee on Nutrition, and Forestry Committee, the service basis. Banking, Housing, and Urban Affairs. Banking, Housing, and Urban Affairs Com- Severity Index Instead of a Six- By Mr. KERRY: mittee, the Finance Committee, the Small Month Prognosis: To determine wheth- S. 3034. A bill to amend title XVIII of the Business Committee, and the Veterans’ Af- er or not a patient is eligible for the Social Security Act with respect to pay- fairs Committee; considered and agreed to. supportive and comfort care option, a ments made under the prospective payment By Mr. LEAHY (for himself and Mr. severity index will be used instead of system for home health services furnished JEFFORDS): the current hospice requirement of a 6 under the Medicare program; to the Com- S. Res. 355. A resolution commending and month prognosis. This will permit pa- mittee on Finance. congratulating Middlebury College; to the tients to have access to support serv- By Mr. BAUCUS (for himself, Mr. Committee on the Judiciary. ices, as needed, instead of relying on an GRASSLEY, Mr. JEFFORDS, Mr. ROCKE- f FELLER, and Mr. HATCH): often inaccurate time-related prog- S. 3035. A bill to amend title XI of the So- STATEMENTS ON INTRODUCED nosis. cial Security Act to create an independent BILLS AND JOINT RESOLUTIONS Increase Rural Hospice Access: Per- and nonpartisan commission to assess the mit nurse practitioners and physician By Mr. WYDEN: health care needs of the uninsured and to assistants to admit patients to hospice S. 3026. A bill to establish a hospice monitor the financial stability of the Na- if this is within their authority under demonstration and grant program for tion’s health care safety net; to the Com- state practice law. In communities mittee on Finance. beneficiaries under the Medicare Pro- without a qualified social worker, By Mr. TORRICELLI: gram under title XVIII of the Social other professionals with skills, knowl- S. 3036. A bill to assure that recreation and Security Act, and for other purposes; edge and ability may provide medical other economic benefits are accorded the to the Committee on Finance. same weight as hurricane and storm damage social services such as counseling on reduction benefits as well as environmental HOSPICE DEMONSTRATION AND GRANT PROGRAM the effects of illness on the family. restoration benefits; to the Committee on Mr. WYDEN. Mr. President, today, I Respite Care: Nursing facilities used Environment and Public Works. am introducing groundbreaking legis- for respite care would not be required By Mr. SANTORUM: lation to make a difference in the way to have skilled nurses on the premises S. 3037. A bill to amend title XVIII of the in which dying patients and their fami- 24 hours a day (because hospice will be Social Security Act to increase payments lies can access hospice care. Ninety caring for the patient) or respite could under the Medicare program to Puerto Rico percent of Americans do not realize hospitals; to the Committee on Finance. be provided in the patient’s home. By Mr. CONRAD (for himself, Mr. that there is a hospice benefit provided Payment Issues: Permit reimburse- FRIST, Mr. DEWINE, Mr. BRYAN, and under the Medicare program. Over ment for consultations, preadmission Mr. THOMPSON): time, the length of stay in a hospice is informational visits, even if the pa- S. 3038. A bill to amend title XVIII of the decreasing so that patients do not get tient does not elect hospice/supportive Social Security Act to update the renal di- the full benefit of services that could care and provide minimum payment alysis composite rate; to the Committee on make them more comfortable at a cru- for Medicare hospice services provided Finance. cial time in their lives. under the demonstration program By Mr. CRAIG: The issues related to how we die are S. 3039. To authorize the Secretary of Agri- based on the provision of services for a culture to sell a Forest Service administra- too important to permit the Medicare period of 14 days, regardless of length tive site occupied by the Rocky Mountain Hospice benefit to remain fixed in of stay. Research Station located in Boise, Idaho, time. Now is the time to begin to test In addition, the demonstration and use the proceeds derived from the sale to new ways to design the benefit so that project could address other payment purchase interests in a multiagency research the benefit can remain truly patient- issues such as offsetting changes in and education facility to be constructed by centered at one of the most crucial services and oversight and the in- the University of Idaho, and for other pur- times in patients’ and their families’ creased cost of providing services in poses; to the Committee on Energy and Nat- lives. ural Resources. rural areas and creating a per diem Just as we push our health care sys- rate of payment for respite care that f tem for medical breakthroughs that reflects the range of care needs. SUBMISSION OF CONCURRENT AND will allow more of us to live healthier In addition to the Demonstration SENATE RESOLUTIONS and longer, we need to drive our health program, the Secretary would be re- care system to create accessible, posi- quired to establish an education grant The following concurrent resolutions tive care for those facing the end of program for the purpose of providing and Senate resolutions were read, and life. information about the Medicare hos- referred (or acted upon), as indicated: My legislation, the Hospice Improve- pice benefit, and the benefits available By Mr. BIDEN (for himself, Mr. ABRA- ment Act of 2000, would require the under the demonstration program. HAM, Mr. AKAKA, Mr. ASHCROFT, Mr. Secretary to establish a demonstration Education grants could be used to pro- BAYH, Mr. BINGAMAN, Mrs. BOXER, Mr. BREAUX, Mr. BRYAN, Mr. BYRD, program to increase access and use of vide individual or group education to Mr. CLELAND, Mr. CONRAD, Mr. hospice care for patients at the end-of- patients and their families and to the DEWINE, Mr. DOMENICI, Mr. DORGAN, life, and to increase the knowledge of medical and mental health community, Mr. DURBIN, Mrs. FEINSTEIN, Mr. hospice among the medical, mental and to test messages to improve public

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8414 CONGRESSIONAL RECORD — SENATE September 12, 2000 knowledge about the Medicare hospice of the Health Care Financing Administra- uous home care day rate for medicare hos- benefit. tion. pice services. Let me conclude by saying that in (b) HOSPICE DEMONSTRATION PROGRAM.— (3) SUPPORTIVE AND COMFORT CARE BEN- the time left for this Congress, we have (1) ESTABLISHMENT.—The Secretary shall EFIT.— a unique opportunity to truly begin to establish a Hospice Demonstration Program (A) IN GENERAL.—For purposes of the dem- onstration program, the Secretary shall es- improve care for the dying. There are in accordance with the provisions of this subsection to increase the utility of the tablish a supportive and comfort care benefit fewer who are more vulnerable than medicare hospice services for medicare bene- for any eligible medicare beneficiary (as de- someone who is dying and having to ficiaries. fined in subparagraph (C)). cope with the physical breakdown of (2) SERVICES UNDER DEMONSTRATION PRO- (B) BENEFIT.—Under the supportive and their body and the emotional turmoil GRAM.—The provisions of section 1814(i) of comfort care benefit established under sub- that imminent death brings to a fam- the Social Security Act (42 U.S.C. 1395f(i)) paragraph (A), any eligible medicare bene- ily. This legislation provides us an op- shall apply to the payment for items and ficiary may— portunity to begin to remove the bar- services provided under the demonstration (i) continue to receive benefits for disease riers to care for those who facing program, except that— and symptom modifying treatment under the (A) notwithstanding section 1862(a)(1)(C) of medicare program (and the Secretary may death. such Act (42 U.S.C. 1395y(a)(1)(C)), the Sec- not require or prohibit any specific treat- Mr. President, I ask unanimous con- retary shall provide for reimbursement for ment or decision); sent that the full text of the bill be items and services provided under the sup- (ii) receive case management and medicare printed in the RECORD. portive and comfort care benefit established hospice services through a hospice provider, There being no objection, the bill was under paragraph (3); which the Secretary shall reimburse on a ordered to be printed in the RECORD, as (B) any licensed nurse practitioner or phy- fee-for-service basis; and follows: sician assistant may certify a medicare ben- (iii) receive information and experience in S. 3026 eficiary as the primary care provider when order to better understand the utility of necessary and within the scope of practice of medicare hospice services. Be it enacted by the Senate and House of Rep- such practitioner or assistant under State (C) ELIGIBLE MEDICARE BENEFICIARY DE- resentatives of the United States of America in law; FINED.— Congress assembled, (C) if a community does not have a quali- (i) IN GENERAL.—In this paragraph, the SECTION 1. SHORT TITLE. fied social worker, any professional who has term ‘‘eligible medicare beneficiary’’ means This Act may be cited as the ‘‘Hospice Im- the necessary knowledge, skills, and ability any medicare beneficiary with a serious ill- provement Program Act of 2000’’. (other than social workers) to provide med- ness that has been documented by a physi- SEC. 2. FINDINGS. ical social services shall provide such serv- cian to be at a level of severity determined Congress makes the following findings: ices; by the Secretary to meet the criteria devel- (1) Each year more than 1⁄3 of the people (D) the Secretary shall waive any require- oped under clause (ii). who die suffer from a chronic illness. ment that nursing facilities used for respite (ii) DEVELOPMENT OF CRITERIA.— (2) Approximately 1⁄3 of Americans are un- care have skilled nurses on the premises 24 (I) IN GENERAL.—The Secretary, in con- sure about whom to contact to get the best hours per day; sultation with hospice providers and experts care during life’s last stages. (E) the Secretary shall permit respite care in end-of-life care, shall develop criteria for (3) Americans want a team of professionals to be provided to the medicare beneficiary at determining the level of severity of an estab- to care for the patient at the end of life. home; and lished serious illness taking into account the (4) Americans want emotional and spir- (F) the Secretary shall waive reimburse- factors described in subclause (II). itual support for the patient and family. ment regulations to provide— (II) FACTORS.—The factors described in this (5) Ninety percent of Americans do not re- (i) reimbursement for consultations and clause include the level of function of the alize that hospice care is a benefit provided preadmission informational visits, even if medicare beneficiary, any coexisting ill- under the medicare program under title the medicare beneficiary does not choose nesses of the beneficiary, and the severity of XVIII of the Social Security Act (42 U.S.C. hospice care (including the supportive and any chronic condition that will lead to the 1395 et seq.). comfort care benefit under paragraph (3)) at death of the beneficiary. (6) Health Care Financing Administration that time; (III) PROGNOSIS NOT A BASIS FOR CRITERIA.— data show that beneficiaries were enrolled in (ii) a minimum payment for medicare hos- The Secretary may not base the criteria de- hospice for an average of less than 7 weeks in pice services provided under the demonstra- veloped under this subparagraph on the prog- 1998, far less than the full 6-month benefit tion program based on the provision of medi- nosis of a medicare beneficiary. under the medicare program. care hospice services to a medicare bene- (4) CONDUCT OF PROGRAM.—Under the dem- (7) According to the most recent data ficiary for a period of 14 days, that the Sec- onstration program, the Secretary shall— available, although the average hospice en- retary shall pay to any hospice provider par- (A) accept proposals submitted by any rollment is longer, half of the enrollees live ticipating in the demonstration program and State hospice association; only 30 days after admission and almost 20 providing such services (regardless of the (B)(i) except as provided in clause (ii), con- percent die within 1 week of enrollment. length of stay of the medicare beneficiary); duct the program in at least 3, but not more (8) Use of hospice among medicare bene- (iii) an increase in the reimbursement than 6, geographic areas (which may be ficiaries has been decreasing, from a high of rates for hospice services to offset— statewide) that include both urban and rural 59 days in 1995 to less than 48 days in 1998. (I) changes in medicare hospice services hospice providers; and SEC. 3. HOSPICE DEMONSTRATION PROGRAM and oversight under the demonstration pro- (ii) if a geographic area does not have any AND HOSPICE EDUCATION GRANTS. gram; rural hospice provider available to partici- (a) DEFINITIONS.—In this section: (II) the higher costs of providing medicare pate in the demonstration program, such (1) DEMONSTRATION PROGRAM.—The term hospice services in rural areas due to lack of area may substitute an underserved urban ‘‘demonstration program’’ means the Hos- economies of scale or large geographic areas; area, but the Secretary shall give priority to pice Demonstration Program established by and those proposals that include a rural hospice the Secretary under subsection (b)(1). (III) the higher costs of providing medicare provider; (2) MEDICARE BENEFICIARY.—The term hospice services in urban underserved areas (C)(i) except for the geographic area des- ‘‘medicare beneficiary’’ means any indi- due to unique costs specifically associated ignated under clause (ii), select such geo- vidual who is entitled to benefits under part with people living in those areas, including graphic areas so that such areas are geo- A or enrolled under part B of the medicare providing security; graphically diverse and readily accessible to program, including any individual enrolled (iv) direct payment of any nurse practi- a significant number of medicare bene- in a Medicare+Choice plan offered by a tioner or physician assistant practicing ficiaries; and Medicare+Choice organization under part C within the scope of State law in relation to (ii) designate as such an area 1 State in of such program. medicare hospice services provided by such which the largest metropolitan area of such (3) MEDICARE HOSPICE SERVICES.—The term practitioner or assistant; and State had the lowest percentage of medicare ‘‘medicare hospice services’’ means the items (v) a per diem rate of payment for in-home beneficiary deaths in a hospital compared to and services for which payment may be made care under subparagraph (E) that reflects the the largest metropolitan area of each other under section 1814(i) of the Social Security range of care needs of the medicare bene- State according to the Hospital Referral Re- Act (42 U.S.C. 1395f(i)). ficiary and that— gion of Residence, 1994–1995, as listed in the (4) MEDICARE PROGRAM.—The term ‘‘medi- (I) in the case of a medicare beneficiary Dartmouth Atlas of Health Care 1998; care program’’ means the health benefits that needs routine care, is not less than 150 (D) provide for the participation of medi- program under title XVIII of the Social Se- percent, and not more than 200 percent, of care beneficiaries in such program on a vol- curity Act (42 U.S.C. 1395 et seq.). the routine home care rate for medicare hos- untary basis; (5) SECRETARY.—The term ‘‘Secretary’’ pice services; and (E) permit research designs that use time means the Secretary of Health and Human (II) in the case of a medicare beneficiary series, sequential implementation of the Services, acting through the Administrator that needs acute care, is equal to the contin- intervention, randomization by wait list, and

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8415 other designs that allow the strongest pos- (2) USE OF FUNDS.—Grants awarded pursu- non-point-source pollution, and animal sible implementation of the demonstration ant to paragraph (1) shall be used— waste disposal. Further, they work to program, while still allowing strong evalua- (A) to provide— develop better cropping systems for tion about the merits of the demonstration (i) individual or group education to medi- major field crops including cotton, program; and care beneficiaries and their families; and (F) design the program to facilitate the (ii) individual or group education of the corn, soybeans, and small grains; to evaluation conducted under paragraph (6). medical and mental health community car- identify high-value horticultural crops (5) DURATION.—The Secretary shall com- ing for medicare beneficiaries; and suitable for production on the soils of plete the demonstration program within a (B) to test strategies to improve the gen- the coastal plains; and to improve cot- period of 61⁄2 years that includes a period of eral public knowledge about the medicare ton germ plasm. 18 months during which the Secretary shall hospice benefit and the benefits available to Mr. President, the Coastal Plains complete the evaluation under paragraph (6). medicare beneficiaries under the demonstra- Soil, Water, and Plant Research Center (6) EVALUATION.—During the 18-month pe- tion program. does outstanding work that is not only riod following the first 5 years of the dem- (d) FUNDING.— onstration program, the Secretary shall (1) HOSPICE DEMONSTRATION PROGRAM.— very important to the farmers of the complete an evaluation of the demonstration (A) IN GENERAL.—Except as provided in Carolinas but to all our Nation’s farm- program in order to determine— subparagraph (B), expenditures made for the ers. This land purchase is important to (A) the short-term and long-term costs and demonstration program shall be in lieu of the efficient continued operation of the benefits of changing medicare hospice serv- the funds that would have been provided to Florence Center, and I urge my col- ices to include the items, services, and reim- participating hospices under section 1814(i) leagues to support the legislation. bursement options provided under the dem- of the Social Security Act (42 U.S.C. 1395f(i)). I ask unanimous consent that the bill (B) SUPPORTIVE AND COMFORT CARE BEN- onstration program; be printed in the RECORD following my EFIT.—The Secretary shall pay any expenses (B) whether increases in payments for the statement. medicare hospice benefit are offset by sav- for the supportive and comfort care benefit ings in other parts of the medicare program; established under subsection (a)(3) from the There being no objection, the bill was (C) the projected cost of implementing the Federal Hospital Insurance Trust Fund es- ordered to be printed in the RECORD, as demonstration program on a national basis; tablished under section 1817 of the Social Se- follows: and curity Act (42 U.S.C. 1395i) and the Federal S. 3027 (D) in consultation with hospice organiza- Supplementary Medical Insurance Trust Be it enacted by the Senate and House of Rep- tions and hospice providers (including orga- Fund established under section 1841 of such resentatives of the United States of America in nizations and providers that represent rural Act (42 U.S.C. 1395t), in such proportion as Congress assembled, areas), whether a payment system based on the Secretary determines is appropriate. ASECTION 1. AUTHORIZATION FOR SECRETARY OSPICE EDUCATION GRANTS diagnosis-related groups is useful for admin- (2) H .—The Sec- OF AGRICULTURE TO PURCHASE istering the medicare hospice benefit. retary is authorized to expend such sums as AND TRANSFER LAND. (7) REPORTS TO CONGRESS.— may be necessary for the purposes of car- Subject to the availability of funds appro- (A) PRELIMINARY REPORT.—Not later than 3 rying out the Hospice Education Grant pro- priated to the Agricultural Research Service, years after the date of enactment of this gram established under subsection (c)(1) the Secretary of Agriculture may— Act, the Secretary shall submit a prelimi- from the Research and Demonstration Budg- (1) purchase a tract of land in the State of nary report to the Committee on Ways and et of the Health Care Financing Administra- South Carolina that is contiguous to land Means of the House of Representatives and tion. owned on the date of enactment of this Act to the Committee on Finance of the Senate by the Department of Agriculture, acting on the progress made in the demonstration By Mr. THURMOND (for himself through the Coastal Plains Soil, Water, and program. and Mr. HOLLINGS): Plant Research Center of the Agriculture Re- (B) INTERIM REPORT.—Not later than 30 S. 3027. A bill to authorize the Sec- search Service; and months after the implementation of the retary of Agriculture to purchase and (2) transfer land owned by the Department demonstration program, the Secretary, in transfer certain land; to the Com- of Agriculture to the Florence Darlington consultation with participants in the pro- mittee on Agriculture, Nutrition, and Technical College, South Carolina, in ex- gram, shall submit an interim report on the Forestry. change for land owned by the College. demonstration program to the committees A BILL TO AUTHORIZE THE SECRETARY OF AGRI- described in subparagraph (A). By Mr. THOMPSON: CULTURE TO PURCHASE LAND ADJACENT TO (C) FINAL REPORT.—Not later than the date S. 3030. A bill to amend title 31, on which the demonstration program ends, THE COASTAL PLAINS SOIL, AND PLANT RE- SEARCH CENTER IN FLORENCE, SOUTH CARO- United States Code, to provide for ex- the Secretary shall submit a final report to ecutive agencies to conduct annual re- the committees described in subparagraph LINA (A) on the demonstration program that in- Mr. THURMOND. Mr. President, I covery audits and recovery activities, cludes the results of the evaluation con- rise today, along with Senator HOL- and for other purposes; to the Com- ducted under paragraph (6) and recommenda- LINGS, to introduce legislation that mittee on Governmental Affairs. tions for appropriate legislative changes. will enable the Secretary of Agri- A BILL TO PROVIDE FOR ANNUAL RECOVERY (8) WAIVER OF MEDICARE REQUIREMENTS.— culture to purchase up to ten acres of AUDITS The Secretary shall waive compliance with land for the U.S. Department of Agri- Mr. THOMPSON. Mr. President, I such requirements of the medicare program culture’s Coastal Plains Soil, Water, rise today to introduce a bill which be- to the extent and for the period the Sec- gins to address the issue of improper retary finds necessary for the conduct of the and Plant Research Center in Florence, demonstration program. South Carolina. This land is located payments in Federal programs. (9) SPECIAL RULES FOR PAYMENT OF within 150 feet of the Center’s adminis- Each year, the Federal government MEDICARE+CHOICE ORGANIZATIONS.—The Sec- trative offices. Part of it has been spends hundreds of billions of dollars retary shall establish procedures under leased and used for agricultural re- for a variety of grants, transfer pay- which the Secretary provides for an appro- search for almost 25 years. If these ten ments, and the procurement of goods priate adjustment in the monthly payments acres were to be developed commer- and services. The Federal government made under section 1853 of the Social Secu- cially the Center’s operations would be must be accountable for how it spends rity Act (42 U.S.C. 1395w–23) to any these funds and for safeguarding Medicare+Choice organization offering a impaired substantially. This land will Medicare+Choice plan in which a medicare be used for agricultural research. against improper payments. Unfortu- beneficiary that participates in the dem- The Coastal Plains Soil, Water, and nately, the problem of improper pay- onstration program is enrolled to reflect Plant Research Center focuses its re- ments by Federal agencies and depart- such participation. search on the agricultural needs of ments is immense. Today, I released a (c) HOSPICE EDUCATION GRANTS.— farmers in both North and South Caro- GAO report which I requested which (1) IN GENERAL.—The Secretary shall estab- lina. However, much of the work done identifies $20.7 billion in improper pay- lish a Hospice Education Grant program by its staff benefits all U.S. agri- ments in just 20 major programs ad- under which the Secretary awards education culture. The Center undertakes basic ministered by 12 Federal agencies in grants to entities participating in the dem- and applied research with an emphasis Fiscal Year 1999 alone. And this rep- onstration program for the purpose of pro- toward total resource management. I resents an increase of more than $1.5 viding information about— (A) the medicare hospice benefit; and would like to highlight just a few of its billion from the previous year’s esti- (B) the benefits available to medicare research programs in soil, water, and mate. In its report, GAO writes that its beneficiaries under the demonstration pro- plant management. The Center’s staff ‘‘audits and those of agency inspectors gram. investigates the effects of soil erosion, general continue to demonstrate that

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8416 CONGRESSIONAL RECORD — SENATE September 12, 2000 improper payments are much more tracts, grants or other arrangements SEC. 2. TECHNICAL CORRECTIONS CONCERNING widespread than agency financial other than those covered by this bill. THE FIVE CIVILIZED TRIBES OF OKLAHOMA. statement reports have disclosed thus I appreciate all the work done by (a) INDIAN SELF-DETERMINATION ACT.—Sec- far.’’ Chairman BURTON on H.R. 1827. I be- tion 1(b)(15)(A) of the model agreement set Legislative efforts have focused on lieve my legislation appropriately ad- forth in section 108(c) of the Indian Self-De- improving the Federal government’s dresses concerns raised with that bill termination Act (25 U.S.C. 450l(c)) is amend- control processes. Recently-enacted and goes a long way in addressing the ed— laws, such as the Chief Financial Offi- wasted taxpayer dollars and govern- (1) by striking ‘‘and section 16’’ and insert- cers Act, the Government Management ment inefficiencies resulting from Fed- ing ‘‘, section 16’’; and Reform Act, and the Government Per- eral agency payment errors which are (2) by striking ‘‘shall not’’ and inserting formance and Results Act, have pro- made each year. ‘‘and the Act of July 3, 1952 (25 U.S.C. 82a), shall not’’. vided an impetus for agencies to sys- (b) INDIAN SELF-DETERMINATION AND EDU- tematically measure and reduce the ex- Mr. CAMPBELL: S. 3031. A bill to make certain tech- CATION ASSISTANCE ACT.—Section 403(h)(2) of tent of improper payments. the Indian Self-Determination and Edu- However, the risk of improper pay- nical corrections in laws relating to cation Assistance Act (25 U.S.C. 458cc(h)(2)) ments and the government’s ability to Native Americans, and for other pur- is amended— prevent them continue to be a signifi- poses; to the Committee on Indian Af- (1) by striking ‘‘and section’’ and inserting cant problem. While we continue to fairs. ‘‘section’’; and work to improve the government’s TECHNICAL AMENDMENTS TO LAWS RELATING TO (2) by striking ‘‘shall not’’ and inserting widespread financial management NATIVE AMERICANS ‘‘and the Act of July 3, 1952 (25 U.S.C. 82a), weaknesses, we also can attempt to re- Mr. CAMPBELL. Mr. President, shall not’’. (c) REPEALS.—The following provisions of cover the tens of billions of dollars in today I introduce a bill making certain technical amendments to laws relating law are repealed: improper payments. And that’s what (1) Section 2106 of the Revised Statutes (25 the legislation I am introducing today to Native Americans. As my colleagues U.S.C. 84). will do. know, Congress typically considers leg- (2) Sections 438 and 439 of title 18, United The legislation is modeled on H.R. islation like this every year or so. This States Code. 1827, a bill sponsored by House Com- bill provides an opportunity to address SEC. 3. WAIVER OF REPAYMENT OF EXPERT AS- mittee on Government Reform Chair- a series of corrections to the law or SISTANCE LOANS TO THE RED LAKE man DAN BURTON, to require the use of other non-controversial, minor amend- BAND OF CHIPPEWA INDIANS AND THE MINNESOTA CHIPPEWA TRIBES. a management technique called ‘‘re- ments to Indian laws in one broad stroke, rather than having to introduce (a) RED LAKE BAND OF CHIPPEWA INDIANS.— covery auditing’’ which would be ap- Notwithstanding any other provision of law, plied to a Federal agency’s records to several separate bills. the balances of all expert assistance loans identify improper payments or pay- This bill includes amendments re- made to the Red Lake Band of Chippewa In- ment errors made by the agency. garding issues of importance to a num- dians under the authority of Public Law 88– Recovery auditing is used extensively ber of my colleagues that have been 168 (77 Stat. 301), and relating to Red Lake by private sector businesses, including brought to my attention over recent Band v. United States (United States Court a majority of Fortune 500 companies. months. The amendments include, for of Federal Claims Docket Nos. 189 A, B, C), These businesses typically contract instance, one-year reauthorizations of are canceled and the Secretary of the Inte- with specialized recovery auditing the Indian Health Care Improvement rior shall take such action as may be nec- essary to document such cancellation and to firms that are paid a contingent fee Act and the Indian Alcohol and Sub- release the Red Lake Band of Chippewa Indi- based on the amounts recovered from stance Abuse Prevention and Treat- ans from any liability associated with such overpayments they identify. Recovery ment Act, as well as a clarification of loans. auditing is not ‘‘auditing’’ in the usual a bill signed into law earlier this year (b) MINNESOTA CHIPPEWA TRIBE.—Notwith- sense. Recovery auditing firms do not relating to the status of certain lands standing any other provision of law, the bal- examine the records of vendors doing held in trust by the Mississippi Band of ances of all expert assistance loans made to business with their client companies or Choctaw Indians. the Minnesota Chippewa Tribe under the au- assess the vendors’ performance. In- All amendments included in this bill thority of Public Law 88-168 (77 Stat. 301), stead, these firms develop and use com- will serve to promote the original in- and relating to Minnesota Chippewa Tribe v. tent of the affected laws, and do not United States (United States Court of Fed- puter software programs that are capa- eral Claims Docket Nos. 19 and 188), are can- ble of analyzing their clients’ own con- alter the meaning or substance of the celed and the Secretary of the Interior shall tract and payment records in order to laws they amend. I urge my colleagues take such action as may be necessary to doc- identify discrepancies in those records to join me in supporting this bill, the ument such cancellation and to release the between what was owed and what was sole purpose of which is to ensure that Minnesota Chippewa Tribe from any liability paid. They focus on obvious but inad- the laws this body has already passed associated with such loans. vertent errors, such as duplicate pay- are carried forward in the way we SEC. 4. TECHNICAL AMENDMENT TO THE INDIAN ments or failure to get credit for appli- originally intended. CHILD PROTECTION AND FAMILY VI- OLENCE PROTECTION ACT. cable discounts and allowances. Mr. President, I ask unanimous con- The bill I am introducing today sent that a copy of the bill be printed Section 408(b) of the Indian Child Protec- tion and Family Violence Prevention Act (25 would require Federal agencies to per- in the RECORD. I thank the Chair and U.S.C. 3207(b)) is amended— form recovery audits in order to iden- yield the floor. (1) by striking ‘‘any offense’’ and inserting tify discrepancies between what was There being no objection, the bill was ‘‘any felonious offense, or any of 2 of more actually paid by the agency and what order to be printed in the RECORD, as misdemeanor offenses,’’; and should have been paid. This bill seeks follows: (2) by striking ‘‘or crimes against persons’’ to address concerns with H.R. 1827 S. 3031 and inserting ‘‘crimes against persons; or of- which were raised after its passage by Be it enacted by the Senate and House of Rep- fenses committed against children’’. the House. For example, this bill would resentatives of the United States of America in SEC. 5. TECHNICAL AMENDMENT REGARDING Congress assembled, THE TREATMENT OF CERTAIN IN- make clear that the relationship estab- COME FOR PURPOSES OF FEDERAL SECTION 1. TECHNICAL CORRECTION TO AN ACT lished by this bill is one between the ASSISTANCE. AFFECTING THE STATUS OF MIS- agency and the recovery audit con- SISSIPPI CHOCTAW LANDS AND ADD- Notwithstanding any other provision of tractor, and all communications and ING SUCH LANDS TO THE CHOCTAW law, none of the funds paid by the State of interaction on the part of the recovery RESERVATION. Minnesota to the Bois Forte Band of Chip- audit contractor is with the agency. Section 1(a)(2) of Public Law 106–228 (an pewa Indians and the Grand Portage Band of Further, this bill includes exemptions Act to make technical corrections to the sta- Chippewa Indians pursuant to the agreement for contracts which, under current law, tus of certain land held in trust for the Mis- of such Bands’ to voluntarily restrict tribal sissippi Band of Choctaw Indians, to take rights to hunt and fish in territory ceded already are subject to extensive audit certain land into trust for that Band, and for under the Treaty of September 30, 1854 (10 scrutiny and oversight. Also, this bill other purposes) is amended by striking ‘‘Sep- Stat. 1109), including all interest accrued on includes Federal agency authority for tember 28, 1999’’ and inserting ‘‘February 7, such funds during any period in which such recovery audit pilot programs for con- 2000’’. funds are held in a minor’s trust, shall be

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8417 considered as income or resources, or other- ice and educators estimate that for HOUSING NEEDS ACT OF 2000 wise be used as the basis for denying or re- every child who enters the state pro- Mr. BOND. Mr. President. I rise ducing the financial assistance or other ben- gram, ten others are exposed to the today to introduce an important piece efits to which a household or member of such curriculum. The program has also been of housing legislation that addresses Bands would be entitled to under the Social the affordable-housing needs of needy Security Act (42 U.S.C. 301 et seq.), the Per- very successful in introducing urban sonal Responsibility and Work Opportunity children to nature, allows all children Americans. The Housing Needs Act of Reconciliation Act of 1966 (Public Law 104- to develop an important connection to 2000 is a direct response to the afford- 193; 110 Stat. 2105) and the amendments made the environment, and motivates stu- able housing crisis being experienced by such Act, or any Federal or Federally as- dents to take an active role in con- by millions of Americans today. By sisted program. servation of waterfowl species. working with State and localities, this SEC. 6. TECHNICAL AMENDMENT TO EXTEND THE This legislation is a simple reauthor- legislation will produce thousands of AUTHORIZATION PERIOD UNDER ization of the program through 2005. affordable housing units and ensure THE INDIAN HEALTH CARE IM- PROVEMENT ACT. The U.S. Fish and wildlife Service that existing federally-assisted housing The authorization of appropriations for, would be authorized to receive $250,000 properties are maintained for lower in- and the duration of, each program or activ- a year for the administration of the come families. ity under the Indian Health Care Improve- Junior Duck Stamp Program. In addi- As Chairman of the Appropriations ment Act (25 U.S.C. 1601 et seq.) is extended tion, the Junior Duck Stamp Conserva- Subcommittee on VA, HUD, and Inde- through fiscal year 2001. tion and Design Program Act of 1994 pendent Agencies, I have become in- SEC. 7. TECHNICAL AMENDMENT TO EXTEND THE would be amended to allow schools in creasingly alarmed by the news reports AUTHORIZATION PERIOD UNDER THE INDIAN ALCOHOL AND SUB- the District of Columbia and the U.S. and housing studies that have shown STANCE ABUSE PREVENTION AND territories to participate in the pro- that lower income Americans are hav- TREATMENT ACT OF 1986. gram. ing a difficult time finding decent, The authorization of appropriations for, Mr. President, I strongly urge the safe, and affordable housing. The Ad- and the duration of, each program or activ- passage of this legislation. The Junior ministration’s response to this problem ity under the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 Duck Stamp Program has played an has been to provide section 8 tenant- (25 U.S.C. 2401 et seq.) is extended through important role in the education of chil- based assistance or vouchers. However, fiscal year 2001. dren and the conservation of our nat- I have heard from communities in Mis- ural resources, and it should continue souri to here in the Washington, D.C. By Mr. SMITH of New Hampshire to do so. I ask that the full text of the area that it is becoming increasingly (for himself, Mr. WARNER, and bill be printed in the RECORD. difficult to use vouchers to find afford- Mr. L. CHAFEE): There being no objection, the bill was able housing. It has also come to my S. 3032. A bill to reauthorize the Jun- ordered to be printed in the RECORD, as attention that despite the resources ior Duck Stamp Conservation and De- follows: given to the Department of Housing sign Program Act of 1994, and for other S. 3032 and Urban Development (HUD), the purposes; to the Committee on Envi- Be it enacted by the Senate and House of Rep- Federal government has lost thousands ronment and Public Works. resentatives of the United States of America in of scarce affordable housing that were JUNIOR DUCK STAMP REAUTHORIZATION ACT OF Congress assembled, once subsidized by the Federal govern- 2000 SECTION 1. SHORT TITLE. ment. Instead of preserving these Mr. SMITH of New Hampshire. Mr. This Act may be cited as the ‘‘Junior Duck scarce and valuable housing resources, President, I would like to introduce the Stamp Reauthorization Act of 2000’’. the Department has replaced these Junior Duck Stamp Reauthorization SEC. 2. REAUTHORIZATION OF JUNIOR DUCK units with vouchers. While some fami- Act of 2000. STAMP CONSERVATION AND DESIGN PROGRAM ACT OF 1994. lies have been able to locate replace- The Junior Duck Stamp Program is a Section 5 of the Junior Duck Stamp Con- ment housing, many have experienced wonderful program that allows chil- servation and Design Program Act of 1994 (16 displacement and hardship, resulting in dren from kindergarten through U.S.C. 719c) is amended by striking ‘‘for each returning the voucher unused or be- twelfth grade to participate in an inte- of the fiscal years 1995 through 2000’’ and in- coming homeless. grated art and science curriculum that serting ‘‘for each of fiscal years 2001 through Due to these well-publicized prob- is designed to teach environmental 2005’’. lems, I instructed my subcommittee science and habitat conservation. It SEC. 3. EXPANSION OF PROGRAM TO INSULAR staff to conduct a review of the section also raises awareness for wetlands and AREAS. The Junior Duck Stamp Conservation and 8 program and to provide recommenda- waterfowl conservation. Students and Design Program Act of 1994 is amended— tions on how to meet better the hous- teachers work together through a set (1) by redesignating sections 2 through 6 ing needs of lower income Americans. curriculum that incorporates ecologi- (16 U.S.C. 719 through 719c; 16 U.S.C. 668dd The recommendations of the report are cal and wildlife management prin- note) as sections 3 through 7, respectively; captured in the Housing Needs Act of ciples, allowing students to learn about (2) by inserting after section 1 (16 U.S.C. 2000, which I am introducing today. conserving wildlife habitat while they 719 note) the following: Before I discuss the contents of the explore the esthetic qualities of wild- ‘‘SEC. 2. DEFINITION OF STATE. bill, I summarize the key findings of life and nature. ‘‘In this Act, the term ‘State’ means a the Subcommittee Staff report entitled As part of the curriculum, each stu- State, the District of Columbia, the Com- ‘‘Empty Promises—Subcommittee dent is encouraged to focus his or her monwealth of Puerto Rico, the Common- wealth of the Northern Mariana Islands, Staff Report on HUD’s Failing Grade efforts on a particular waterfowl spe- American Samoa, Guam, the Virgin Islands, on the Utilization of Section 8 Vouch- cies. The culmination of the cur- and any other territory or possession of the ers.’’ The key findings of the report are riculum is an artistic depiction of that United States.’’; (1) housing units for low-income fami- species. Each state selects a Best-of- (3) in section 3(c) (16 U.S.C. 719(c)) (as re- lies are disappearing; (2) worse case Show winner and that piece of artwork designated by paragraph (1)), by striking ‘‘50 housing needs are worsening; and (3) competes to become the national win- States’’ each place it appears and inserting section 8 vouchers are proving to be ner of the Junior Duck Stamp contest. ‘‘States’’; and less and less effective in meeting the The winning depiction is chosen as the (4) in section 5 (16 U.S.C. 719b) (as redesig- nated by paragraph (1)), by striking ‘‘section housing needs of low-income families. Federal Junior Duck Stamp, and the 3(c)(1) (A) and (B)’’ and inserting ‘‘subpara- Specifically, the staff reported that student receives $2,500. Revenues from graphs (A) and (B) of section 4(c)(1)’’. over the past 4 years, nearly 125,000 selling the stamp are used for con- housing units have been lost to the na- servation awards and scholarships to By Mr. BOND: tional inventory of affordable housing. the participants. S. 3033. A bill to delegate the Pri- These units have been lost due to the By all accounts the Junior Duck mary Responsibility for the Preserva- decision of landlords to leave or opt- Stamp Program has been extremely tion and Expansion of Affordable Low- out of the section 8 program, HUD’s successful. Last year alone more than Income Housing to States and Local- policy to voucher out properties that 44,000 students entered the state com- ities; to the Committee on Banking, they have acquired title to and those petitions. The Fish and Wildlife Serv- Housing, and Urban Affairs. that the Department actually owns.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8418 CONGRESSIONAL RECORD — SENATE September 12, 2000 The staff also found that a record payments made under the prospective payments mandated by the BBA. How- high of 5.4 million households have payment system for home health serv- ever, we must do more than attempt to major housing needs. Based on HUD’s ices furnished under the Medicare Pro- stop future cuts. Indeed, it is equally Worst Case Housing Needs study, many gram; to the Committee on Finance. as important that we begin to provide of these households are our most vul- HOME HEALTH REFINEMENT AMENDMENTS OF relief to home health providers who are nerable individuals such as the elderly, 2000 already struggling to care for patients. disabled, and children. Mr. KERRY. Mr. President, I am During the first year of implementa- Lastly, the staff reported that about pleased to introduce the Home Health tion of the Interim Payment System, 1 out of every 5 families that received Refinement Amendments of 2000. This IPS, agencies were placed on precar- a voucher are unable to find housing legislation will protect patient access ious financial footing because of insuf- and thus, the voucher remains unused. to home health care under Medicare, ficient payments, particularly for high- The report also found not enough land- and ensure that providers are able to cost and long-term patients. Accord- lords were participating in the voucher continue serving seniors who reside in ingly, it is critical that we bolster the program, the payment standard of the medically underserved areas, have efforts of home health care providers to vouchers were too low for the market medically complex conditions, or re- transcend their current operating defi- area, and voucher holders had personal quire non-routine medical supplies. problems which affected the utilization Medicare was enacted in 1965, under cits, especially as they transition from of vouchers. the leadership of President Lyndon the Interim Payment System to the Mr. President, the staffs’ findings Johnson, as a promise to the American Prospective Payment System, PPS. were disturbing to me. As a result, I people that, in exchange for their years The Home Health Refinement am here today to introduce the Hous- of hard work and service to our coun- Amendments of 2000 would ensure that ing Needs Act of 2000 to address the re- try, their health care would be pro- providers are able to treat the sickest, port’s findings. tected in their golden years. Today, most expensive patients who rely on Briefly, the legislation creates a new over 30 million seniors rely on the home health care. Independent studies affordable housing block grant produc- Medicare home health benefit to re- indicate that, under IPS, thousands of tion program that would allocate funds ceive the care they need to maintain patients have been denied home health to state housing agencies. States cur- their independence and remain in their care benefits—while ‘‘outlier’’ patients rently administer other federal pro- own homes, and to avoid the need for (those who require the most intensive grams such as the Low-Income Housing more costly hospital or nursing home services) have been most at risk of los- Tax Credit program, HOME block grant care. Home health care is critical. It is ing access to care. To address the costs program, and the Community Develop- a benefit to which all eligible Medicare of treating the sickest homebound pa- ment Block Grant program, which have beneficiaries should be entitled. But, tients, this legislation provides addi- expanded and increased the capacity of this benefit is being seriously under- tional funding for outliers under PPS. states to create affordable housing mined. Since enactment of the Bal- Specifically, this bill would set the units. Thus, state housing finance anced Budget Act, BBA, of 1997, federal funding level for outliers at 10 percent agencies have the tools to make this funding for home health care has plum- of the total payments projected or esti- program work effectively. I am a big meted. According to the Congressional mated to be made under PPS each believer in local decision-making. Budget Office, CBO, Medicare spending year. This would double the current 5 States and localities know and under- on home health care dropped 48 percent percent allocation without reducing stand their housing problems and needs in the last two fiscal years—from $17.5 the PPS base payment. and are in the best position to make billion in 1998 to $9.7 billion in 1999—far In addition, the Home Health Refine- decisions on their housing needs. beyond the original amount of savings The legislation would also create a ment Amendments of 2000 would re- sought by the BBA. Across the coun- new section 8 success program that move the costs of non-routine medical try, these cuts have forced over 2,500 would allow public housing agencies supplies from the PPS base payment home health agencies to close and over (PHA) to raise the payment standard and, instead, arrange for Medicare re- for vouchers up to 150 percent of the 900,000 patients to lose their services. imbursement for these supplies on the In my own State of Massachusetts—a fair market rent. This will greatly im- basis of a fee schedule. PPS rates in- state that, because of economic effi- prove the ability of voucher holders to clude average medical supply costs, but ciency, sustained a disproportionate use the vouchers in economically some agencies’ patient populations share of the BBA cuts in Medicare strong markets. As the Subcommittee have greater or lesser supply needs home health funding—28 home health Staff report found, 19 percent or one in than the average. Thus, current rates agencies have closed, 6 more have five families that receive a voucher would underpay agencies that treat pa- turned in their Medicare provider num- cannot use it. I believe that this new tients with high medical supply needs success program will improve greatly bers and chosen to opt out of the Medi- and overpay agencies that treat pa- the number of voucher holders actually care program, and 12 more have been tients with low medical supply needs. to use the voucher. forced to merge in order to consolidate Agencies that treat our most ill, frail, Lastly, the bill includes a number of their limited resources. The home and vulnerable should not be punished smaller provisions that would enhance health agencies that have continued to with low payment rates. serve patients despite the deep cuts in the ability of state and local housing Agencies that treat patients in medi- entities to produce low-income housing Medicare funding reported net oper- ating losses of $164 million in 1998. The cally underserved communities also de- and ensure that HUD maintains section serve equitable reimbursement for the 8 assistance on properties that it has loss of home health care providers in Massachusetts has cost 10,000 patients services they provide. In order to ad- acquired through foreclosure. dress the unique costs of treating pa- I urge my colleagues to support this access to home health services. Con- sequently, many of the most vulner- tients in underserved areas, the Home critical piece of legislation. Families Health Refinement Amendments of 2000 all over the country are experiencing able residents in my state are being forced to enter hospitals and nursing would establish a 10 percent add-on to hardships never before seen. It is clear the episodic base payment for patients that vouchers alone do not adequately homes, or going without any help at all. in rural areas, to reflect the increasing address the housing needs of our vul- costs of travel, and a ‘‘reasonable cost’’ nerable populations. I believe strongly To compound the problem, without Congressional action, Medicare pay- add-on for security services utilized by that the Housing Needs Act of 2000 pro- providers in our urban areas. These vides a much-needed, flexible, balanced ments for home health care will be automatically cut by an additional 15 add-ons ensure that patients in all approach to ensure that the affordable- types of communities across the coun- housing problems can be solved. percent next year. It is critical that we defend America’s seniors against future try continue to receive the home care By Mr. KERRY: cuts in home health services, and this they need and deserve. S. 3034. A bill to amend title XVIII of bill will eliminate the additional 15 Finally, this legislation would en- the Social Security Act with respect to percent cut in Medicare home health courage the incorporation of telehealth

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8419 technology in home care plans by al- According to the U.S. Census Bureau, America’s uninsured, it will work to lowing cost reporting of the telemedi- nearly one in five Montanans were un- ensure that no holes develop in the cine services utilized by agencies. Tele- insured in 1998. This number has risen Safety Net. An independent, non-par- medicine has demonstrated tremen- by 36 percent over the last ten years, tisan commission, modeled on the dous potential in bringing modern and there are now only five states with Medicare Payment Advisory Commis- health care services to patients who re- a higher percentage of uninsured resi- sion (MedPAC), SNOPAC will include side in areas where providers and tech- dents. When these uninsured seek med- professionals from across the policy nology are scarce. Cost reporting will ical treatment they are often not able and practical spectrum of health care. provide the data necessary to develop a to pay. Last year, Montana hospitals And like MedPAC, SNOPAC will report fair and reasonable Medicare reim- reported over $67 million in charity to the relevant committees of Congress bursement policy for telehomecare and care and bad debt. And the problem is on the status of its mission: tracking bring the benefits of modern science not going away. At current growth the well-being of the health care safety and technology to our nation’s under- rates for the uninsured, as many as one net. served. in four Montanans will be uninsured by Though it’s not a panacea, SNOPAC Unless we increase the federal com- the year 2007. is a positive step toward a coordinated mitment to the Medicare home health But Mr. President, these people are approach in caring for the uninsured. care benefit, we can only expect to con- not uninsured of their own volition. Absent large-scale improvements in tinue to imperil the health of an entire Eighty three percent of uninsured Mon- the number of insured Americans, we generation. We must act to deliver on tanans are in working families. And should at least work to monitor and that promise that President Johnson self-employed workers—including own- care for what we already have—an in- made 25 years ago—our nation’s seniors ers of small businesses—and their de- tact, but endangered, health care safe- deserve no less. pendents account for one-fifth of the ty net. uninsured in our state. In fact, Mon- I urge all my colleagues to join me in Mr. BAUCUS (for himself, Mr. tana ranks last in the nation with only this effort towards good health and GRASSLEY, and Mr. JEFFORDS): good sense. S. 3035. A bill to amend title XI of the 40 percent of firms offering a health in- Social Security Act to create an inde- surance benefit. By Mr. TORRICELLI: pendent and nonpartisan commission So what do we do about this prob- S. 3036. A bill to assure that recre- to assess the health care needs of the lem? How do we ensure that all Ameri- ation and other economic benefits are uninsured and to monitor the financial cans, irrespective of color, creed gender accorded the same weight as hurricane stability of the Nation’s health care or geography, have access to quality and storm damage reduction benefits safety net; to the Committee on Fi- health care? as well as environmental restoration Six or seven years ago, Congress and nance. benefits; to the Committee on Environ- the administration worked on the prob- HEALTH CARE SAFETY NET OVERSIGHT ACT OF ment and Public Works. lem of the uninsured. A tremendous 2000 NATIONAL BEACH ENHANCEMENT ACT Mr. BAUCUS. Mr. President, it is amount of time and effort went into Mr. TORRICELLI. Mr. President, I often said that, ‘‘Good health and good the Health Security Act, on both sides rise today to introduce legislation sense are two of life’s greatest bless- of the issue. As we know, passage of which will ensure the preservation of ings.’’ Senators GRASSLEY, JEFFORDS, that bill failed. Since then, Congress our nation’s coastal areas. Protection and I hope to further the cause of good has taken a more incremental ap- of our beaches is paramount; they are health and good sense today, through proach to health care. Congress passed not only where we go to enjoy the sand introduction of the Health Care Safety legislation in 1996 to ensure portability and surf, but they also generate a sig- Net Oversight Act of 2000. of health insurance. A year later, the nificant portion of our nation’s rev- Mr. President, currently no entity CHIP program was signed into law, bi- enue. oversees America’s health care safety partisan legislation to cover children Tourism and recreational activity net. This means that all safety net pro- of working families. And last year, are extremely important to New Jer- viders—including rural health clinics, Congress passed the Work Incentives sey, especially to our small businesses community heath centers and emer- Improvement Act to allow disabled and shore communities. New Jersey’s gency rooms—are laboring on their folks to continue working and not lose $17 billion a year tourism industry is own. They are like master musicians health care benefits. supported by the 160 million people performing without a conductor. Each But while these legislative actions who visit our 127 miles of beaches each is trying their hardest and performing are extremely important, they affect year. This spending by tourists totaled their part—but no one is coordinating relatively few Americans. The fact re- $26.1 billion in New Jersey in 1998, a 2 their efforts. No one is able to tell an mains, for most uninsured and under- percent increase from $25.6 billion in actor when his services will be needed, insured Americans, the safety net is 1997. or when he can take a break. still the only place to turn. My state is a microcosm of coastal This act changes that, by creating Yet the safety net has been seriously tourism throughout the United States. the Safety Net Organizations and Pa- damaged in recent years. According to Travel and tourism is our Nation’s tient Advisory Commission, an inde- a recent report by the Institute of Med- largest industry, employer, and for- pendent and nonpartisan commission icine, the health care safety net is ‘‘in- eign-revenue earner, and U.S. beaches to monitor the stability of the health tact but endangered.’’ are its leading tourist destination. In care safety net. For instance, the 1997 Balanced Budg- 1997, total tourism expenditures in U.S. What does this mean? et Act cut payments to Dispropor- coastal areas was over $185 billion, gen- The Safety Net is made up of pro- tionate Share Hospitals and Commu- erating over 2.7 million jobs with a viders that deliver health services to nity health centers. It also cut reim- payroll of nearly $50 million. the uninsured and vulnerable popu- bursement to rural health clinics, so Americans are not the only ones lations across America. These pro- critical to providing coverage to rural eager to enjoy our beaches and coastal viders are often a last resort for pa- uninsured individuals. At the same regions. They are also the top destina- tients who are unable to afford the time, Congress mandates that emer- tion for foreign tourists. Each year, the health care they need and have no- gency departments care for anyone and U.S. takes in $4 billion in taxes from where else to turn. In my state, we everyone that darkens their door. foreign tourists, while state and local have about 30 community health cen- Though not a reimbursement issue per governments receive another $3.5 mil- ters and rural health clinics, serving an se, the EMTALA dictates that all ER’s lion. estimated 80,000 persons per year. That care for all individuals, regardless of In Florida alone, foreign tourists translates into about one in ten Mon- ability to pay. spent over $11 billion in 1992, $2 billion tanans. Were it not for these clinics Despite all these developments, there of that amount in the Miami Beach and health centers, many of these is no entity responsible for making area. This Florida spending generated folks—the uninsured and under- changes to the safety net. And though over $750 million in Federal tax reve- insured—would have no place to turn. SNOPAC will not solve the problem of nues. A recent article by Dr. James R.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8420 CONGRESSIONAL RECORD — SENATE September 12, 2000 Houston, published in the American nities have suffered. Indeed, the econ- ment Advisory Commission (MedPAC) Shore and Beach Preservation Journal, omy of our nation has suffered. My leg- report suggests that we must take fur- shows that annual tax revenues from islation would make it clear that rec- ther action to sustain patients’ access foreign tourists in Miami Beach are 17 reational benefits will be given the to dialysis services. In particular, times more than the Federal govern- same budgetary priority as storm dam- MedPAC recommends a 1.2 percent pay- ment spent on the entire Federal Shore age reduction and environmental res- ment adjustment for Medicare-covered Protection program from 1950 to 1993. If toration. Companion legislation has dialysis services in the next fiscal year. the Federal share of beach nourish- been introduced in the House of Rep- In addition, MedPAC recommends that ment averages about $10 million a year, resentatives, by Congressmen LAMPSON the Health Care Financing Administra- the Federal government collects about and LOBIONDO, and enjoys bipartisan tion provide an annual review of the di- 75 times more in taxes from foreign support. alysis payment rate—a review that tourists in Florida than it spends re- Beach replenishment efforts ensure most other Medicare-covered services storing that State’s beaches. that our beaches are protected, prop- receive each year. Delaware, one of the smallest states erty is not damaged, dunes are not I believe these recommendations rep- in the Union, is visited by over 5 mil- washed away, and the resource that resent critical adjustments that must lion people each year. This, in a state coastal towns rely on for their life- be addressed this year. For this reason, where just over 21,000 people actually blood, is preserved. It is imperative I have worked with Senator FRIST, live in beach communities and another that federal policy base beach nourish- Representative CAMP and Representa- 373,000 live within a several hours ment assistance on the entirety of the tive THURMAN to develop the Medicare drive. Beach tourism generates over economic benefits it provides. To limit Renal Dialysis Payment Fairness Act $173 million in expenditures each year benefits to hurricane or storm damage of 2000. This legislation would provide for ‘‘The First State.’’ reduction ignores the equally impor- the payment rate improvements rec- Equally significant, however, beach tant economic impact of tourism. ommended by MedPAC and would es- erosion results in an estimated loss of tablish an annual payment review By Mr. CONRAD (for himself, Mr. over 471,000 visitor days a year, a figure process for dialysis services. This pro- FRIST, Mr. DEWINE, Mr. BRYAN, which is estimated to increase to over posal would help ensure all dialysis and Mr. THOMPSON): 516,000 after five years. A 1998 study by providers receive reimbursement that Jack Faucett Associates (Bethesda, S. 2038. A bill to amend title XVIII of the Social Security Act to update the is in line with increasing patient load MD) in cooperation with independent and quality requirements. This is par- consultants for the Delaware Depart- renal dialysis composite rate; to the Committee on Finance. ticularly important for our Nation’s ment of Natural Resources and Envi- smaller, rural dialysis providers that ronmental Control shows that during THE MEDICARE RENAL DIALYSIS PAYMENT FAIRNESS ACT OF 2000 on average receive Medicare payments this five-year period, beach erosion will Mr. CONRAD. Mr. President, today I to do not adequately reflect costs. cost an estimated $30.2 million in con- am pleased to be joined by Senator As the Congress considers further im- sumer expenditures, the loss of 625 FRIST and Representatives CAMP and provements to the Medicare Program, I beach area jobs, and the reduction of THURMAN in introducing the Medicare urge my colleagues to support this im- wages and salaries by $11.5 million. Renal Dialysis Payment Fairness Act portant effort to ensure patients with Business profits will drop by $1.6 mil- of 2000. This legislation takes impor- kidney failure continue to have access lion and State and local tax revenues tant steps to help sustain and improve to quality dialysis services. I thank my will decrease by $2.3 million. Finally, the quality of care for Medicare bene- colleagues for working together on this beach erosion will reduce beach area ficiaries suffering from kidney failure. bipartisan and bicameral proposal. property values by nearly $43 million. Nationwide, more than 280,000 Ameri- Mr. FRIST. Mr. President, I am The situation in Delaware is indicative cans live with end-stage renal disease pleased to join Senators CONRAD, of beach erosion problems throughout (ESRD). In my State of North Dakota, THOMPSON, BRYAN, and DEWINE this the coastlines of our nation. Unless we the number of patients living with afternoon to introduce the Medicare increase our efforts to protect and re- ESRD is relatively small, just over 600. Renal Dialysis Payment Fairness Act nourish our coastline, we jeopardize a However, for these patients and others of 2000. This bipartisan legislation significant portion of our country’s across the country, access to dialysis takes important steps to assure both revenue. treatments means the difference be- the quality and availability of out- The Federal government spends $100 tween life and death. patient dialysis services for Medicare million a year for the Federal Shore In 1972, the Congress took important patients with end-stage renal disease Protection program. While the U.S. steps to ensure that elderly and dis- (ESRD). Army Corps of Engineers does a ben- abled individuals with kidney failure Almost 30 years ago, Congress recog- efit-cost analysis in connection with receive appropriate dialysis care. At nized the pain and suffering patients every shore protection project, that that time, Medicare coverage was ex- with end-stage renal disease face, and analysis suffers from its own myopia. tended to include dialysis treatments thus moved to provide coverage for di- It places its greatest emphasis on the for beneficiaries with ESRD. alysis treatment to this population value of the private property that is Over the last three decades, dialysis under the Medicare Program. Today, immediately adjacent to the coastline. facilities have provided services to in- approximately 300,000 patients nation- It is not reasonable to assume that a creasing numbers of kidney failure pa- wide live with this disease and receive healthy beach with natural dunes and tients under increasingly strict quality services through Medicare. Presently, vegetation will benefit only that first standards; however, during this same there are 3,423 dialysis facilities row of homes and businesses. Home- time frame reimbursement for kidney throughout the Nation that serve the owners spend money in the region; ho- services has not kept pace with the in- Medicare population, 93 of which are in tels attract tourists, who also spend creasing demands of providing dialysis my home State of Tennessee. money; local residents who live inland care. However, I fear that a lack of proper come to the beach to recreate. They Last year, Senator FRIST and I intro- reimbursement may adversely impact too, spend money. Countless busi- duced legislation to ensure dialysis fa- the quality and availability of dialysis nesses, from t-shirt vendors to res- cilities could continue providing qual- care for Medicare beneficiaries. As the taurants, all depend on these expendi- ity dialysis services to Medicare bene- Medicare Payment Advisory Commis- tures. ficiaries. I am happy to say that, based sion (MedPAC) noted, the payment rate Prior to the 1986 Water Resources De- on these efforts, dialysis providers re- for the critical dialysis services re- velopment Act, the Army Corps of En- ceived increased Medicare reimburse- ceived by Medicare beneficiaries was gineers viewed recreation as an equally ment in fiscal years 2000 and 2001 as established in 1983, and had never been important component of its cost-bene- part of the Medicare, Medicaid, and S– updated. fits analysis. However, the 1986 bill CHIP Refinement Act of 1999. Last year, Senator CONRAD and I omitted recreation as benefit to be While these efforts were a step in the sought to remedy this situation by in- considered, and our coastal commu- right direction, a recent Medicare Pay- troducing S. 1449, the Medicare Renal

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8421 Dialysis Fair Payment Act of 1999, (Mr. TORRICELLI) was added as a co- sors of S. 1974, a bill to amend the In- which provided an update to the Medi- sponsor of S. 681, a bill to amend the ternal Revenue Code of 1986 to make care reimbursement rate for dialysis Public Health Service Act and Em- higher education more affordable by services for Fiscal Year 2000. Thus, I ployee Retirement Income Security providing a full tax deduction for high- was pleased to see the Balanced Budget Act of 1974 to require that group and er education expenses and a tax credit Refinement Act of 1999 (BBRA) include individual health insurance coverage for student education loans. a provision increasing the payment and group health plans provide cov- S. 1987 rate by 1.2 percent for Fiscal Year 2000 erage for a minimum hospital stay for At the request of Mr. DURBIN, the and 1.2 percent for Fiscal Year 2001. mastectomies and lymph node dissec- name of the Senator from New Jersey However, the BBRA represented only tions performed for the treatment of (Mr. TORRICELLI) was added as a co- the first step toward securing access to breast cancer. sponsor of S. 1987, a bill to amend the dialysis services for Medicare patients S. 805 Violence Against Women Act of 1994, and ensuring they receive the highest At the request of Mr. DURBIN, the the Family Violence Prevention and quality of care. The legislation we are name of the Senator from New Jersey Services Act, the Older Americans Act introducing today takes the necessary (Mr. TORRICELLI) was added as a co- of 1965, and the Public Health Service additional steps, as recommended by sponsor of S. 805, a bill to amend title Act to ensure that older women are MedPAC this year, to assure proper re- V of the Social Security Act to provide protected from institutional, commu- imbursement levels for dialysis serv- for the establishment and operation of nity, and domestic violence and sexual ices. asthma treatment services for chil- assault and to improve outreach efforts Specifically, the ‘‘Medicare Renal Di- dren, and for other purposes. and other services available to older alysis Payment Fairness Act of 2000’’ S. 1020 women victimized by such violence, provides a 1.2 percent increase in the and for other purposes. At the request of Mr. GRASSLEY, the payment rate for FY 2001, in addition names of the Senator from New Mexico S. 2003 to the 1.2 percent update included in (Mr. DOMENICI), the Senator from Mis- At the request of Mr. JOHNSON, the the BBRA, providing a 2.4 percent total sissippi (Mr. LOTT), and the Senator name of the Senator from New Jersey increase. This follows MedPAC’s anal- from Rhode Island (Mr. L. CHAFEE) (Mr. TORRICELLI) was added as a co- ysis of dialysis center costs that con- were added as cosponsors of S. 1020, a sponsor of S. 2003, a bill to restore cluded that prices paid by dialysis cen- bill to amend chapter 1 of title 9, health care coverage to retired mem- ters would rise by 2.4 percent between United States Code, to provide for bers of the uniformed services. Fiscal Year 2000 and 2001. greater fairness in the arbitration S. 2264 Second, the legislation ensure proper process relating to motor vehicle fran- At the request of Mr. JOHNSON, his reimbursement in future years by re- chise contracts. name was added as a cosponsor of S. quiring the Health Care Financing Ad- At the request of Mr. FEINGOLD, the 2264, a bill to amend title 38, United ministration (HCFA) to develop a mar- name of the Senator from Hawaii (Mr. States Code, to establish within the ket basket index for dialysis centers INOUYE) was added as a cosponsor of S. Veterans Health Administration the that measures input prices and other 1020, supra. position of Advisor on Physician As- relevant factors and to annually review sistants, and for other purposes. S. 1391 and update the payment rate based S. 2274 upon this index. At the request of Mr. INOUYE, the names of the Senator from California At the request of Mr. GRASSLEY, the Overall, the Medicare Renal Dialysis names of the Senator from Wisconsin (Mrs. BOXER) and the Senator from Payment Fairness Act of 2000 will en- (Mr. KOHL) and the Senator from Wis- Maryland (Mr. SARBANES) were added sure that dialysis facilities receive the consin (Mr. FEINGOLD) were added as proper Medicare reimbursement to con- as cosponsors of S. 1391, a bill to amend title 38, United States Code, to improve cosponsors of S. 2274, a bill to amend tinue to provide high quality dialysis title XIX of the Social Security Act to services to the ESRD population. benefits for Filipino veterans of World War II, and for other purposes. provide families and disabled children I am grateful to the National Kidney with the opportunity to purchase cov- S. 1510 Foundation, the American Nephrology erage under the medicaid program for Nurses Association, the Renal Physi- At the request of Mr. MCCAIN, the such children. name of the Senator from Maryland cians Association, the National Renal S. 2308 Administrators Association, and the (Mr. SARBANES) was added as a cospon- At the request of Mr. MOYNIHAN, the sor of S. 1510, a bill to revise the laws Renal Leadership Council for their sup- name of the Senator from Massachu- port of the Medicare Renal Dialysis of the United States appertaining to setts (Mr. KERRY) was added as a co- United States cruise vessels, and for Payment Fairness Act of 2000, and I sponsor of S. 2308, a bill to amend title other purposes. urge my colleagues to support this XIX of the Social Security Act to as- critical measure. S. 1810 sure preservation of safety net hos- f At the request of Mrs. MURRAY, the pitals through maintenance of the name of the Senator from Oregon (Mr. ADDITIONAL COSPONSORS Medicaid disproportionate share hos- SMITH) was added as a cosponsor of S. pital program. S. 577 1810, a bill to amend title 38, United S. 2399 At the request of Mr. HATCH, the States Code, to clarify and improve At the request of Mr. DURBIN, the name of the Senator from Georgia (Mr. veterans’ claims and appellate proce- names of the Senator from South Da- MILLER) was added as a cosponsor of S. dures. kota (Mr. JOHNSON), the Senator from 577, a bill to provide for injunctive re- S. 1900 California (Mrs. BOXER), and the Sen- lief in Federal district court to enforce At the request of Mr. LAUTENBERG, ator from Maryland (Ms. MIKULSKI) State laws relating to the interstate the name of the Senator from Pennsyl- were added as cosponsors of S. 2399, a transportation of intoxicating liquor. vania (Mr. SANTORUM) was added as a bill to amend title XVIII of the Social S. 642 cosponsor of S. 1900, a bill to amend the Security Act to revise the coverage of At the request of Mr. GRASSLEY, the Internal Revenue Code of 1986 to allow immunosuppressive drugs under the name of the Senator from Georgia (Mr. a credit to holders of qualified bonds medicare program. MILLER) was added as a cosponsor of S. issued by Amtrak, and for other pur- S. 2612 642, a bill to amend the Internal Rev- poses. At the request of Mr. GRAHAM, the enue Code of 1986 to provide for Farm S. 1974 name of the Senator from New Jersey and Ranch Risk Management Ac- At the request of Mr. SCHUMER, the (Mr. TORRICELLI) was added as a co- counts, and for other purposes. names of the Senator from Wisconsin sponsor of S. 2612, a bill to combat Ec- S. 681 (Mr. KOHL), the Senator from Illinois stasy trafficking, distribution, and At the request of Mr. DASCHLE, the (Mr. DURBIN), and the Senator from Ne- abuse in the United States, and for name of the Senator from New Jersey vada (Mr. REID) were added as cospon- other purposes.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8422 CONGRESSIONAL RECORD — SENATE September 12, 2000 S. 2698 S. 3017 SENATE RESOLUTION 353—DESIG- At the request of Mr. MOYNIHAN, the At the request of Mr. ROTH, the name NATING OCTOBER 20, 2000, AS names of the Senator from Washington of the Senator from Virginia (Mr. WAR- ‘‘NATIONAL MAMMOGRAPHY URRAY DAY’’ (Mrs. M ), the Senator from Penn- NER) was added as a cosponsor of S. sylvania (Mr. SANTORUM), the Senator 3017, a bill to amend the Social Secu- Mr. BIDEN (for himself, Mr. ABRA- from North Carolina (Mr. HELMS), and rity Act to establish an outpatient pre- HAM, Mr. AKAKA, Mr. ASHCROFT, Mr. the Senator from Virginia (Mr. WAR- scription drug assistance program for BAYH, Mr. BINGAMAN, Mrs. BOXER, Mr. NER) were added as cosponsors of S. low-income medicare beneficiaries and BREAUX, Mr. BRYAN, Mr. BYRD, Mr. 2698, a bill to amend the Internal Rev- medicare beneficiaries with high drug CLELAND, Mr. CONRAD, Mr. DEWINE, Mr. enue Code of 1986 to provide an incen- costs. DOMENICI, Mr. DORGAN, Mr. DURBIN, tive to ensure that all Americans gain Mrs. FEINSTEIN, Mr. FITZGERALD, Mr. S. 3020 timely and equitable access to the FRIST, Mr. GORTON, Mr. GRAHAM, Mr. Internet over current and future gen- At the request of Mr. GRAMS, the GRAMM, Mr. HAGEL, Mr. HELMS, Mrs. erations of broadband capability. name of the Senator from Pennsyl- HUTCHISON, Mr. INOUYE, Mr. JEFFORDS, S. 2787 vania (Mr. SANTORUM) was added as a Mr. JOHNSON, Mr. KENNEDY, Mr. At the request of Mr. HATCH, the cosponsor of S. 3020, a bill to require KERREY, Mr. KERRY, Mr. HOLLINGS, Ms. name of the Senator from Washington the Federal Communications Commis- LANDRIEU, Mr. LAUTENBERG, Mr. (Mr. GORTON) was added as a cosponsor sion to revise its regulations author- LEAHY, Mr. LEVIN, Mr. LIEBERMAN, Mrs. of S. 2787, a bill to reauthorize the Fed- izing the operation of new, low-power LINCOLN, Mr. LUGAR, Mr. MACK, Ms. MI- eral programs to prevent violence FM radio stations. KULSKI, Mr. MILLER, Mr. MURKOWSKI, against women, and for other purposes. Mrs. MURRAY, Mr. REID, Mr. ROBB, Mr. S. 3021 S. 2828 ROTH, Mr. SARBANES, Mr. SCHUMER, Mr. At the request of Mr. GRASSLEY, the At the request of Mrs. HUTCHISON, the SMITH of Oregon, Ms. SNOWE, Mr. SPEC- name of the Senator from Idaho (Mr. name of the Senator from South Caro- TER, Mr. VOINOVICH, Mr. WARNER, and CRAPO) was added as a cosponsor of S. lina (Mr. HOLLINGS) was added as a co- Mr. WELLSTONE) submitted the fol- 2828, a bill to amend title XVIII of the sponsor of S. 3021, a bill to provide that lowing resolution; which was referred Social Security Act to require that the a certification of the cooperation of to the Committee on the Judiciary: Secretary of Health and Human Serv- Mexico with United States counterdrug S. RES. 353 ices wage adjust the actual, rather efforts not be required in fiscal year Whereas according to the American Cancer than the estimated, proportion of a 2001 for the limitation on assistance for Society, in 2000, 182,800 women will be diag- hospital’s costs that are attributable Mexico under section 490 of the Foreign nosed with breast cancer and 40,800 women to wages and wage-related costs. Assistance Act of 1961 not to go into ef- will die from this disease; fect in that fiscal year. Whereas in the decade of the 1990’s, it is es- S. 2841 timated that about 2,000,000 women were di- At the request of Mr. ROBB, the name S. CON. RES. 102 agnosed with breast cancer, resulting in of the Senator from New Jersey (Mr. nearly 500,000 deaths; At the request of Mrs. FEINSTEIN, the TORRICELLI) was added as a cosponsor Whereas the risk of breast cancer increases of S. 2841, a bill to ensure that the busi- name of the Senator from Louisiana with age, with a woman at age 70 years hav- ness of the Federal Government is con- (Ms. LANDRIEU) was added as a cospon- ing twice as much of a chance of developing sor of S. Con. Res. 102, a concurrent the disease as a woman at age 50 years; ducted in the public interest and in a Whereas at least 80 percent of the women manner that provides for public ac- resolution to commend the bravery and honor of the citizens of Remy, France, who get breast cancer have no family history countability, efficient delivery of serv- of the disease; ices, reasonable cost savings, and pre- for their actions with respect to Lieu- Whereas mammograms, when operated vention of unwarranted Government tenant Houston Braly and to recognize professionally at a certified facility, can pro- expenses, and for other purposes. the efforts of the 364th Fighter Group vide safe screening and early detection of to raise funds to restore the stained breast cancer in many women; S. 2938 glass windows of a church in Remy. Whereas experts agree that mammography At the request of Mr. SANTORUM, his is the best method of early detection of name was added as a cosponsor of S. S. RES. 304 breast cancer, and early detection is the key 2938, a bill to prohibit United States as- to saving lives; At the request of Mr. BIDEN, the Whereas mammograms can reveal the pres- sistance to the Palestinian Authority name of the Senator from Maine (Ms. if a Palestinian state is declared uni- ence of small cancers up to 2 years or more SNOWE) was added as a cosponsor of S. laterally, and for other purposes. before a regular clinical breast examination Res. 304, a resolution expressing the or breast self-examination, reducing mor- At the request of Mr. BROWNBACK, the sense of the Senate regarding the de- tality by more than 30 percent; and names of the Senator from Oregon (Mr. velopment of educational programs on Whereas the 5-year survival rate for local- SMITH), the Senator from Delaware veterans’ contributions to the country ized breast cancer is over 96 percent: Now, (Mr. ROTH), the Senator from Pennsyl- and the designation of the week that therefore, be it vania (Mr. SPECTER), and the Senator Resolved, That the Senate— includes Veterans Day as ‘‘National from New Hampshire (Mr. SMITH) were (1) designates October 20, 2000, as ‘‘Na- Veterans Awareness Week’’ for the added as cosponsors of S. 2938, supra. tional Mammography Day’’; and presentation of such educational pro- (2) requests that the President issue a S. 3007 grams. proclamation calling upon the people of the At the request of Mr. LUGAR, the United States to observe such day with ap- name of the Senator from Delaware S. RES. 347 propriate programs and activities. (Mr. ROTH) was added as a cosponsor of At the request of Mr. HATCH, his Mr. BIDEN. Mr. President, today I S. 3007, a bill to provide for measures in name was added as a cosponsor of S. am introducing a resolution desig- response to a unilateral declaration of Res. 347, a resolution designating the nating October 20, 2000, as ‘‘National the existence of a Palestinian state. week of September 17, 2000, through Mammography Day’’. I am pleased that S. 3016 September 23, 2000, as National Ovarian 54 of my colleagues have endorsed this At the request of Mr. ROTH, the Cancer Awareness Week. proposal by agreeing to be original co- names of the Senator from Virginia sponsors. I might note that I have in- AMENDMENT NO. 4119 (Mr. WARNER) and the Senator from troduced a similar resolution each year Pennsylvania (Mr. SANTORUM) were At the request of Mr. LAUTENBERG, since 1993, and on each occasion the added as cosponsors of S. 3016, to his name was added as a cosponsor of Senate has shown its support for the amend the Social Security Act to es- Amendment No. 4119 proposed to H.R. fight against breast cancer by approv- tablish an outpatient prescription drug 4444, a bill to authorize extension of ing the resolution. assistance program for low-income nondiscriminatory treatment (normal Each year, as I prepare to introduce medicare beneficiaries and medicare trade relations treatment) to the Peo- this resolution, I review the latest in- beneficiaries with high drug costs. ple’s Republic of China. formation from the American Cancer

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8423 Society about breast cancer. For the The argument for having periodic hereby appointed to serve as a minority year 2000, it is estimated that nearly routine mammograms to detect breast member; and that the Majority Leader is 183,000 women will be diagnosed with cancer is similar. Most of the time, the hereby authorized to appoint one majority breast cancer and slightly fewer than examination is reassuringly negative. member to that committee. SEC. 4. That on the Committee on Banking, 41,000 women will die of this disease. But if it is positive, and your previous Housing, and Urban Affairs, the Senator In past years, I have often com- routine mammograms were negative, it from Georgia (Mr. MILLER) is hereby ap- mented on how gloomy these statistics means that this cancer has been de- pointed to serve as a minority member, and were. But as I review how these num- tected early on, when it has a high that the Majority Leader is hereby author- bers are changing over time, I have chance of being cured. ized to appoint one majority member to that come to the realization that it is really And then there is forgetfulness. I cer- committee. more appropriate to be upbeat about tainly understand how difficult it is to SEC. 5. That on the Committee on Finance, this situation. The number of deaths remember to do something that only the Senator from Idaho (Mr. CRAIG) is hereby appointed to serve as a majority member. from breast cancer is falling from year comes around once each year. I would to year. Early detection of breast can- SEC. 6. That on the Committee on Small suggest that this is where ‘‘National Business, the Majority Leader is hereby au- cer continues to result in extremely fa- Mammography Day’’ comes in. This thorized to appoint one majority member to vorable outcomes: 96 percent of women year, National Mammography Day falls that committee. with localized breast cancer will sur- on Friday, October 20, right in the mid- SEC. 7. That on the Committee on Vet- vive 5 years or longer. New digital dle of National Breast Cancer Aware- erans’ Affairs, the Senator form Georgia (Mr. techniques make the process of mam- ness Month. On that day, let’s make MILLER) is hereby appointed to serve as a mi- mography much more rapid and precise nority member, and that the Majority Lead- sure that each woman we know picks a than before. Government programs will er is hereby authorized to appoint a majority specific date on which to get a mam- provide free mammograms to those member to that committee. mogram each year, a date that she who can’t afford them. Information f won’t forget: a child’s birthday, an an- about treatment of breast cancer with SENATE RESOLUTION 355—COM- surgery, chemotherapy, and radiation niversary, perhaps even the day her taxes are due. On National Mammog- MENDING AND CONGRATU- therapy has exploded, reflecting enor- LATING MIDDLEBURY COLLEGE mous research advances in this disease. raphy Day, let’s ask our loved ones: So I am feeling quite positive about pick one of these dates, fix it in your Mr. LEAHY (for himself and Mr. JEF- breast cancer. A diagnosis of breast mind along with a picture of your FORDS) submitted the following resolu- cancer is not a death sentence, and I child, your wedding, or another symbol tion; which was referred to the Com- encounter long-term survivors of of that date, and promise yourself to mittee on the Judiciary: breast cancer so frequently now on a get a mammogram on that date every S. RES. 355 daily basis that I scarcely give it a sec- year. Do it for yourself and for the oth- Whereas in the fall of 1800, a group of dis- ond thought. And the key to this suc- ers that love you and want you to be tinguished Vermonters, including Jeremiah cess is early diagnosis and treatment, part of their lives for as long as pos- Atwater, Nathaniel Chipman, Herman Ball, with routine periodic mammography sible. Elijah Paine, Gamaliel Painter, Israel being the linchpin of the entire proc- Mr. President, I urge my colleagues Smith, Stephen R. Bradley, Seth Storrs, Ste- to join me in the ongoing fight against phen Jacob, Daniel Chipman, Lot Hall, ess. Routine mammography can locate Aaron Leeland, Gershom C. Lyman, Samuel a breast cancer as much as 2 years be- breast cancer by cosponsoring and vot- ing for this resolution to designate Oc- Miller, Jedediah P. Buckingham, and Darius fore it would be detectable by self-ex- Matthews, petitioned the Vermont General amination. The statistics tell the tober 20, 2000, as National Mammog- Assembly for the establishment of a new in- story: the number of breast cancer raphy Day. stitution of higher education in the town of deaths is declining despite an increase f Middlebury, Vermont; in the number of breast cancer cases Whereas on November 1, 1800, the Vermont SENATE RESOLUTION 354—AMEND- General Assembly adopted a law to establish diagnosed. More women are getting ING PARAGRAPHS 2 AND 3(A) OF mammograms, more breast cancer is a college in Middlebury and named this RULE XXV AND PROVIDING FOR group of distinguished Vermonters to be being diagnosed, and more of these CERTAIN APPOINTMENTS TO known as ‘‘the President and fellows of breast cancers are discovered at an THE AGRICULTURE, NUTRITION, Middlebury college’’, and designated Jere- early and highly curable stage. AND FORESTRY COMMITTEE, miah Atwater as the new college’s first So my message to women is: have a THE BANKING, HOUSING, AND President; periodic mammogram. Early diagnosis URBAN AFFAIRS COMMITTEE, Whereas on November 5, 1800, less than 1 saves lives. But I know many women week after receiving its Charter, Middlebury THE FINANCE COMMITTEE, THE don’t have annual mammograms, usu- College opened its doors to 7 students and 1 SMALL BUSINESS COMMITTEE, ally because of either fear or forgetful- professor using space at the local grammar AND THE VETERANS’ AFFAIRS ness. Some women avoid mammograms school for instruction; because they are afraid of what they COMMITTEE Whereas by 1810, the college had grown to Mr. LOTT (for himself and Mr. 110 students and needed space of its own, and will find. To these women, I would say the campus of Middlebury College was built, that if you have periodic routine mam- DASCHLE) submitted the following reso- and on May 19, 2000, the United States Postal mograms, and the latest one comes out lution; which was considered and Service issued postcards to commemorate positive, even before you have any agreed to: the Old Stone Row and the first 3 buildings symptoms or have found a lump on S. RES. 354 of the Middlebury College campus; self-examination, you have reason to Resolved, That notwithstanding any other Whereas over the last 2 centuries, be optimistic, not pessimistic. Such provision of Rule XXV, paragraph 2 of Rule Middlebury College has evolved from 1 of the early-detected breast cancers are high- XXV of the Standing Rules of the Senate is first colleges in the United States into 1 of ly treatable. amended as follows: the most respected liberal arts colleges in Let me consider an analogous situa- Strike the figure after ‘‘Agriculture, Nutri- the Nation, with more than 2,000 students, almost 200 professors, and a main campus of tion. We know that high blood pressure tion, and Forestry’’ and insert in lieu thereof ‘‘20’’. over 250 acres; is a killer, and we are all advised to get Strike the figure after ‘‘Banking, Housing, Whereas the Middlebury College Bicenten- our blood pressure checked from time and Urban Affairs’’ and insert in lieu thereof nial Planning Commission has designed Cele- to time. Are we afraid to do this? No. ‘‘22’’. bration 2000 to commemorate this milestone Why not? Because we know that even if SEC. 2. That Rule XXV, paragraph 3(a) of in Vermont’s and the Nation’s educational high blood pressure is detected on a the Standing Rules of the Senate is amended history; screening examination, it can be read- as follows: Whereas this bicentennial is a celebration ily and successfully treated. We also Strike the figure after ‘‘Veterans’ Affairs’’ honoring the people and events that have made and continue to make Middlebury Col- know that high blood pressure is not and insert in lieu thereof ‘‘14’’. SEC. 3. That on the Committee on Agri- lege a leader in higher education; going to go away by itself, so if we culture, Nutrition, and Forestry, the Sen- Whereas Celebration 2000 features concerts, have it, we should find out about it, get ator from Oregon (Mr. SMITH) is hereby ap- plays, and symposia, both on campus and at it treated, and move ahead with our pointed to serve as a majority member; that additional locations such as the New York lives. the Senator from Georgia (Mr. MILLER) is Public Library, and the dedication of a new

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8424 CONGRESSIONAL RECORD — SENATE September 12, 2000 science building, Bicentennial Hall, with an ries of events on campus during the on the first business day in January of each exterior that resembles the Old Stone Row first week of November. year thereafter, (or as soon thereafter as the and the early architectural history of this Mr. President, I am pleased to offer data become available) the President shall 200-year-old school; and this resolution to commend and con- report to the Congress on the balance of Whereas the year-long celebration of 2 cen- trade between the United States and the turies of quality higher education will cul- gratulate Middlebury College on the People’s Republic of China in cereals (wheat, minate during Founders’ Week, November completion of its first two hundred corn, and rice) and on the balance of trade 1st through 5th, 2000, when a variety of years of educational excellence. I hope between the United States and the People’s events will occur in honor of Middlebury, the my colleagues will join Senator JEF- Republic of China in soybeans for the pre- college, and Middlebury, the college’s town: FORDS and me in honoring the con- vious year. Now, therefore, be it tributions of the school, its students (b) COMMITMENTS FROM CHINA TO REDUCE Resolved, That— and its alumni. DEFICIT.—If the President reports a trade (1) the Senate commends and congratu- Mr. JEFFORDS. Mr President, I rise deficit in favor of the People’s Republic of lates Middlebury College on the completion China under subsection (a) for cereals or for of its first 200 years of educational excel- today to join my good friend and col- league from Vermont in introducing a soybeans, then the President is authorized lence and wishes the college continued suc- and requested to initiate negotiations to ob- cess as it commences a third century of edu- Resolution commending and congratu- tain additional commitments from the Peo- cational opportunity and leadership; and lating Middlebury College on 200 years ple’s Republic of China to reduce or elimi- (2) the Secretary of the Senate shall send a of providing quality higher education nate the imbalance. copy of this resolution to the Middlebury in Vermont. It gives me great pleasure (c) 6-MONTH FOLLOW-UP.—The President College President, John M. McCardell, Jr. in wishing this prestigious institution shall report to the Congress the results of Mr. LEAHY. Mr. President, today I a very happy anniversary. those negotiations, and any additional steps rise to introduce a resolution on behalf When Middlebury College first taken by the President to eliminate that of myself and Senator JEFFORDS to opened, seven students and one pro- trade deficit, within 6 months after submit- commemorate 200 years of quality fessor made up the entire faculty and ting the report under subsection (a). higher education at nationally ac- student body. Two hundred years later, claimed Middlebury College located in this institution has grown to include AMENDMENT NO. 4136 Middlebury, Vermont. over 2000 and nearly 200 professors, and At the appropriate place, inset the fol- In the fall of 1800, a group of distin- continues to remain a top rated liberal lowing: guished Vermonters petitioned the arts school. SEC. . BALANCE OF TRADE WITH CHINA IN AD- Vermont General Assembly for the es- As Middlebury College nears the cul- VANCED TECHNOLOGY PRODUCTS. tablishment of a new institution of mination of their year-long celebration (a) FINDINGS.—The Congress makes the fol- higher education in the small agricul- of their bicentennial, it is only fitting lowing findings: tural town of Middlebury. On Novem- that we take this opportunity to recog- (1) The trade deficit with the People’s Re- ber 1, 1800 these efforts proved success- nize the accomplishments and achieve- public of China in advance technology prod- ful when the Vermont General Assem- ments of Middlebury College and the ucts for 1999 was approximately $3.2 billion. bly adopted a law to establish a college many graduates thereof. (2) The trade deficit with the People’s Re- in Middlebury. Less than one week Therefore it gives me great pleasure public of China in advance technology prod- ucts for 2000 is projected to be approximately after receiving its charter, Middlebury in joining Senator LEAHY in intro- $5 billion. College opened its doors to seven stu- ducing this resolution and I urge my dents and one professor in space at the (b) REPORT.—Beginning with the first busi- colleagues to support its adoption. ness day in January of the year 2001 and on local grammar school. f Over the last two centuries, the first business day in January of each AMENDMENTS SUBMITTED year thereafter, (or as soon thereafter as the Middlebury College has evolved from data become available) the President shall one of the first colleges in Vermont report to the Congress on the balance of into one of the most respected liberal HOLLINGS AMENDMENTS NOS. trade between the United States and the arts colleges in the Nation. Today, People’s Republic of China in advanced tech- 4134–4137 Middlebury has more than two thou- nology products for this previous year. sand students, almost two hundred pro- Mr. HOLLINGS proposed four amend- (c) COMMITMENTS FROM CHINA TO REDUCE fessors, and a main campus of over 250 ments to the bill, H.R. 4444, supra; as DEFICIT.—If the President reports a trade acres. The campus of was first built be- follows: deficit in favor of the People’s Republic of China under subsection (b) excess of $5 bil- ginning in 1810 with three larger stone AMENDMENT NO. 4134 lion for any year, the President is authorized buildings, each sharing a unique archi- At the appropriate place, insert the fol- and requested to initiate negotiations to ob- tectural style. On May 19, 2000, the lowing: tain additional commitments from the Peo- United States Postal Service issued SEC. . FOREIGN INVESTMENT INFORMATION TO ple’s Republic of China to reduce or elimi- postcards to commemorate the Old BE INCLUDED IN 10–K REPORTS. nate the imbalance. The Securities and Exchange Commission Stone Row and the first buildings of (d) 6-MONTH FOLLOW-UP.—The President shall amend its regulations to require the in- shall report to the Congress the result of the Middlebury College campus. clusion of the following information in 10–K those negotiations, and any additional steps In recognition of 200 years of edu- reports required to be filed with the Commis- taken by the President to eliminate that cating students from across this coun- sion: trade deficit, within 6 months after submit- try and the world, the Middlebury Col- (1) The number of employees employed by ting the report under subsection (b). lege Bicentennial Planning Commis- the reporting entity outside the United sion has designed Celebration 2000 to States directly, indirectly, or through a commemorate this milestone in joint venture or other business arrangement, AMENDMENT NO. 4137 Vermont’s and the Nation’s edu- listed by country in which employed. At the appropriate place, insert the fol- cational history. The year-long bicen- (2) The annual dollar volume of exports of lowing: goods manufactured or produced in the tennial celebration honors the people United States by the reporting entity to SEC. . RISK INSURANCE CERTIFICATIONS. and events that have made and con- each country to which it exports such goods. Notwithstanding any other provision of tinue to make Middlebury College a (3) The annual dollar volume of imports of law to the contrary, and in addition to any leader in higher education. Celebration goods manufactured or produced outside the requirements imposed by law, regulation, or 2000 features concerts, plays, and United States by the reporting entity from rule, neither the Export-Import Bank of the symposia, both on campus and at addi- each country from which it imports such United States nor the Overseas Private In- tional locations such as the New York goods. vestment Corporation may provide risk in- surance after December 31, 2000, to an appli- Public Library, and the dedication of a AMENDMENT NO. 4135 cant unless that applicant certifies that it— new science building, Bicentennial At the appropriate place, insert the fol- (1) has not transferred advanced tech- Hall, with an exterior that resembles lowing: nology after January 1, 2001, to the People the Old Stone row and the school’s SEC. . BALANCE OF TRADE WITH CHINA IN CE- Republic of China; and early architectural history. This year- REALS AND SOYBEANS. (2) has not moved any production facilities long celebration will culminate later (a) IN GENERAL.—Beginning with the first after January 1, 2001, from the United States this fall during Founders’ Week, a se- business day in January of the year 2001 and to the People’s Republic of China.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8425 NOTICES OF HEARINGS AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without MEET objection, it is so ordered. COMMITTEE ON INDIAN AFFAIRS COMMITTEE ON AGRICULTURE, NUTRITION AND f Mr. CAMPBELL. Mr. President, I FORESTRY PRIVILEGE OF THE FLOOR would like to announce that the Com- Mr. ROTH. Mr. President, I ask unan- mittee on Indian Affairs is re-sched- imous consent that the Committee on Mr. WELLSTONE. Mr. President, I uling their September 13, 2000 hearing Agriculture, Nutrition, and Forestry be ask unanimous consent that Marty to September 14, 2000, in the Russell authorized to meet during the session Gensler, who is a fellow in my office, Senate Office Building room number of the Senate on Tuesday, September have floor privileges during the rest of 485, at 3:30 p.m. on S. 2899, a bill to ex- 12, 2000. The purpose of this hearing the debate. press the policy of the United States will be to review the operation of the The PRESIDING OFFICER. Without regarding the United States’ relation- Office of Civil Rights, USDA, and the objection, it is so ordered. ship with Native Hawaiians. Imme- role of the Office of General Counsel, f diately following the hearing will be a USDA. COMMITTEE APPOINTMENTS business meeting where S. 2920, a bill The PRESIDING OFFICER. Without Mr. THOMPSON. Mr. President, I ask to amend the Indian Gaming Regu- objection, it is so ordered. unanimous consent that the Senate latory Act, S. 2688, a bill to amend the COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION now proceed to the immediate consid- Native American Languages Act, and eration of S. Res. 354 submitted earlier S. 2899, a bill to express the policy of Mr. ROTH. Mr. President, I ask unan- by Senator LOTT and Senator DASCHLE. the United States regarding the United imous consent that the Committee on Commerce, Science, and Transpor- The PRESIDING OFFICER. The States’ relationship with Native Ha- clerk will report the resolution by waiians, will be considered. tation be authorized to meet on Tues- day, September 12, 2000, at 9:30 a.m. on title. SUBCOMMITTEE ON WATER AND POWER Firestone tire recall. The legislative clerk read as follows: A resolution (S. Res. 354) amending para- Mr. SMITH. Mr. President, I would The PRESIDING OFFICER. Without objection, it is so ordered. graphs 2 and 3(a) of Rule XXV and providing like to announce for the information of for Senator appointments to the Agriculture, the Senate and the public that a legis- COMMITTEE ON ENVIRONMENT AND PUBLIC Nutrition, and Forestry Committee, the lative hearing has been scheduled be- WORKS Banking, Housing, and Urban Affairs Com- fore the Subcommittee on Water and Mr. ROTH. Mr. President, I ask unan- mittee, the Finance Committee, the Small Power. imous consent that the Committee on Business Committee, and the Veterans’ Af- Environment and Public Works be au- fairs Committee. The hearing will take place on Tues- thorized to meet during the session of There being no objection, the Senate day, September 19, 2000 at 2:30 p.m. in the Senate on Tuesday, September 12, proceeded to the immediate consider- room SD–366 of the Dirksen Senate Of- at 9:30 a.m. to conduct a hearing on ation of the resolution. fice Building in Washington, DC. proposed U.S. Department of Transpor- Mr. THOMPSON. I ask unanimous The purpose of this hearing is to re- tation regulations on planning and en- consent that the resolution be agreed ceive testimony on the following bills: vironment. to and the motion to reconsider be laid H.R. 3577, To increase the amount au- The PRESIDING OFFICER. Without upon the table. thorized to be appropriated for the objection, it is so ordered. The PRESIDING OFFICER. Without north side pumping division of the COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. Minidoka reclamation project, Idaho; Mr. ROTH. Mr. President, I ask unan- The resolution (S. Res. 354) was S. 2906, To authorize the Secretary of imous consent that the Committee on agreed to, as follows: the Interior to enter into contracts Foreign Relations be authorized to S. RES. 354 with the city of Loveland, Colorado to meet during the session of the Senate Resolved, That notwithstanding any other use Colorado-Big Thompson Project fa- on Tuesday, September 12, 2000 at 9:30 provision of Rule XXV, paragraph 2 of Rule cilities for the impounding, storage, a.m. to hold a hearing (agenda at- XXV of the Standing Rules of the Senate is and carriage of nonproject water for tached). amended as follows: domestic, municipal, industrial, and The PRESIDING OFFICER. Without Strike the figure after ‘‘Agriculture, Nutri- other beneficial purposes; S. 2942, To objection, it is so ordered. tion, and Forestry’’ and insert in lieu thereof ‘‘20’’. SUBCOMMITTEE ON HOUSING AND extend the deadline for commencement Strike the figure after ‘‘Banking, Housing, TRANSPORTATION of construction of certain hydro- and Urban Affairs’’ and insert in lieu thereof electric projects in the State of West Mr. ROTH. Mr. President, I ask unan- ‘‘22’’. Virginia; S. 2951, To authorize the imous consent that the Subcommittee SEC. 2. That Rule XVV, paragraph 3(a) of Commission of Reclamation to conduct on Housing and Transportation of the the Standing Rules of the Senate is amended a study to investigate opportunities to Committee on Banking, Housing, and as follows: better manage the water resources in Urban Affairs be authorized to meet Strike the figure after ‘‘Veterans’ Affairs’’ and insert in lieu thereof ‘‘14’’. the Salmon Creek watershed of the during the session of the Senate on Tuesday, September 12, 2000, to con- SEC. 3. That on the Committee on Agri- Upper Columbia River; and S. 3022, To culture, Nutrition, and Forestry, the Sen- duct a hearing on ‘‘congressional pro- direct the Secretary of the Interior to ator from Oregon (Mr. SMITH) is hereby ap- convey certain irrigation facilities to posals impacting F.H.A. reserves.’’ pointed to serve as a majority member; that the Nampa and Meridian Irrigation The PRESIDING OFFICER. Without the Senator from Georgia (Mr. MILLER) is District. objection, it is so ordered. hereby appointed to serve as a minority SUBCOMMITTEE ON WATER AND POWER member; and that the Majority Leader is Because of the limited time available Mr. ROTH. Mr. President, I ask unan- hereby authorized to appoint one majority for the hearing, witnesses may testify imous consent that the Subcommittee member to that committee. by invitation only. However, those SEC. 4. That on the Committee on Banking, on Water and Power of the Committee wishing to submit written testimony Housing, and Urban Affairs, the Senator on Energy and Natural Resources be for the hearing record should send two from Georgia (Mr. MILLER) is hereby ap- authorized to meet during the session copies of their testimony to the Sub- pointed to serve as a minority member, and of the Senate on Tuesday, September that the Majority Leader is hereby author- committee on Water and Power, Com- 12 at 2:30 p.m. to conduct an oversight ized to appoint one majority member to that mittee on Energy and Natural Re- hearing. The subcommittee will receive committee. sources, United States Senate, 364 testimony on the status of the Biologi- SEC. 5. That on the Committee on Finance, Dirksen Senate Office Building, Wash- cal Opinions of the National Marine the Senator from Idaho (Mr. CRAIG) is hereby ington, DC, 20510–6150. appointed to serve as a majority member. Fisheries Service and the U.S. Fish and SEC. 6. That on the Committee on Small For further information, please call Wildlife Service on the operations of Business, the Majority Leader is hereby au- Trici Heninger, Staff Assistant, or Col- the Federal hydropower system of the thorized to appoint one majority member to leen Deegan, Counsel, at (202) 224–8115. Columbia River. that committee.

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8426 CONGRESSIONAL RECORD — SENATE September 12, 2000 SEC. 7. That on the Committee on Vet- facilitates the use of such procedures APPOINTMENT erans’ Affairs, the Senator from Georgia (Mr. by investors of the Parties to resolve MILLER) is hereby appointed to serve as a mi- The PRESIDING OFFICER. The investment disputes under the 1982 Chair, on behalf of the Vice President, nority member, and that the Majority Lead- Treaty. The Protocol also sets forth er is hereby authorized to appoint a majority pursuant to 22 U.S.C. 276h–276k, as member to that committee. each Party’s consent to ICSID Addi- amended, appoints the Senator from tional Facility arbitration, if Conven- f Texas (Mrs. HUTCHISON) as Chair of the tion Arbitration is not available. Con- Senate Delegation to the Mexico-U.S. REMOVAL OF INJUNCTION OF SE- vention Arbitration would not be avail- Interparliamentary Union during the CRECY—TREATY DOCUMENTS able, for example, if either Party subse- 106th Congress. NOS. 106–46 AND 106–47 quently ceased to be a party to the f Mr. THOMPSON. I ask unanimous ICSID Convention. consent that the Injunction of Secrecy I recommend that the Senate con- ORDERS FOR WEDNESDAY, be removed from the following treaties sider this Protocol as soon as possible, SEPTEMBER 13, 2000 transmitted to the Senate on Sep- and give its advice and consent to rati- Mr. THOMPSON. I ask unanimous tember 12, 2000, by the President of the fication of the Protocol at an early consent that when the Senate com- United States: Protocol Amending In- date. pletes its business today, it adjourn vestment Treaty with Panama (Treaty WILLIAM J. CLINTON. until the hour of 9:30 a.m. on Wednes- Document 106–46); and Investment THE WHITE HOUSE, September 12, 2000. day, September 13. I further ask con- Treaty with Azerbaijan (Treaty Docu- sent that on Wednesday, immediately ment 106–47). To the Senate of the United States: following the prayer, the Journal of I further ask that the treaties be con- With a view to receiving the advice proceedings be approved to date, the sidered as having been read the first and consent of the Senate to ratifica- morning hour be deemed expired, the time, that they be referred with accom- tion, I transmit herewith the Treaty time for the two leaders be reserved for panying papers to the Committee on Between the Government of the United their use later in the day, and the Sen- Foreign Relations in order to be print- States of America and the Government ate then begin a period of morning ed, and that the President’s message be of the Republic of Azerbaijan Con- business until 10 a.m., with the time printed in the RECORD. cerning the Encouragement and Recip- equally divided between Senator THOM- The PRESIDING OFFICER. Without rocal Protection of Investment, with AS and Senator DURBIN. objection, it is so ordered. Annex, signed at Washington on Au- The PRESIDING OFFICER. Without The messages of the President are as objection, it is so ordered. follows: gust 1, 1997, together with an amend- ment to the Treaty set forth in an ex- f To the Senate of the United States: change of diplomatic notes dated Au- PROGRAM With a view to receiving the advice gust 8, 2000, and August 25, 2000. I and consent of the Senate to ratifica- transmit also, for the information of Mr. THOMPSON. For the informa- tion, I transmit herewith the Protocol the Senate, the report of the Depart- tion of all Senators, at 9:30 a.m. tomor- Between the Government of the United ment of State with respect to this row the Senate will be in a period of States of America and the Government Treaty. morning business until 10 a.m. Fol- of the Republic of Panama Amending lowing morning business, there will be The Bilateral Investment Treaty the Treaty Concerning the Treatment 60 minutes for closing remarks on two (BIT) with Azerbaijan is the fourth and Protection of Investments of Octo- amendments: The Byrd amendment, re- such treaty signed between the United ber 17, 1982. This Protocol was signed at garding safeguards; and division 6 of States and a Transcaucasian or Central Panama City, on June 1, 2000. I trans- the Smith amendment, No. 4129. Votes Asian country. The Treaty will protect mit also, for the information of the on those two amendments will be back U.S. investment and assist Azerbaijan Senate, the report of the Department to back at 11 a.m. in its efforts to develop its economy by of State with respect to this Protocol. Senators should be aware that there creating conditions more favorable for The 1982 bilateral investment treaty are amendments currently pending to U.S. private investment and thereby with Panama (the ‘‘1982 Treaty’’) was the PNTR bill and further amendments strengthening the development of its the second treaty to be signed under are expected to be offered. Therefore, private sector. the U.S. bilateral investment treaty votes are expected throughout the re- (BIT) program. The 1982 Treaty pro- The Treaty furthers the objectives of mainder of the week. U.S. policy toward international and tects U.S. investment and assists Pan- f ama in its efforts to develop its econ- domestic investment. A specific tenet omy by creating conditions more favor- of U.S. policy, reflected in this Treaty, ADJOURNMENT UNTIL 9:30 A.M. able for U.S. private investment and is that U.S. investment abroad and for- TOMORROW thereby strengthening the development eign investment in the United States Mr. THOMPSON. If there is no fur- of its private sector. should receive national treatment. ther business to come before the Sen- As explained in the Department of Under this Treaty, the Parties also ate, I now ask unanimous consent the State’s report, the Protocol is needed agree to customary international law Senate stand in adjournment under the in order to ensure that investors con- standards for expropriation. The Trea- previous order. tinue to have access to binding inter- ty includes detailed provisions regard- There being no objection, the Senate, national arbitration following Pan- ing the computation and payment of at 8:28 p.m., adjourned until Wednes- ama’s 1996 accession to the Convention prompt, adequate, and effective com- day, September 13, 2000, at 9:30 a.m. on the Settlement of Investment Dis- pensation for expropriation; free trans- NOMINATIONS putes Between States and Nationals of fer of funds related to investments; Executive nominations received by Other States, done at Washington, freedom of investments from specified the Senate September 12, 2000: performance requirements; fair, equi- March 18, 1965 (the ‘‘ICSID Conven- THE JUDICIARY tion’’). The Protocol provides each Par- table, and most-favored-nation treat- JOEL GERBER, OF VIRGINIA, TO BE A JUDGE OF THE ty’s consent to international arbitra- ment; and the investor’s freedom to UNITED STATES TAX COURT FOR A TERM OF FIFTEEN tion of investment disputes under the choose to resolve disputes with the YEARS AFTER HE TAKES OFFICE. (REAPPOINTMENT) STEPHEN J. SWIFT, OF VIRGINIA, TO BE A JUDGE OF 1982 Treaty before the International host government through international THE UNITED STATES TAX COURT FOR A TERM OF FIF- Centre for the Settlement of Invest- arbitration. TEEN YEARS AFTER HE TAKES OFFICE. (REAPPOINT- MENT) ment Disputes, established under the I recommend that the Senate con- STEVEN E. ACHELPOHL, OF NEBRASKA, TO BE UNITED ICSID Convention. The Protocol also sider this Treaty as soon as possible, STATES DISTRICT JUDGE FOR THE DISTRICT OF NE- BRASKA VICE WILLIAM G. CAMBRIDGE, RETIRED. provides for arbitration in accordance and give its advice and consent to rati- IN THE COAST GUARD with the Arbitration Rules of the fication of the Treaty at an early date. United Nations Commission on Inter- THE FOLLOWING NAMED OFFICERS FOR PROMOTION TO WILLIAM J. CLINTON. THE GRADE INDICATED IN THE UNITED STATES COAST national Trade Law. The Protocol thus THE WHITE HOUSE, September 12, 2000. GUARD UNDER TITLE 14, U.S.C., SECTION 271:

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 9801 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 12, 2000 CONGRESSIONAL RECORD — SENATE S8427 To be captain MICHAEL W. MC HENRY, 0000 JESSE BABAUTA, 0000 RICHARD L. PALMATIER JR., 0000 MICHAEL J. BACKUS, 0000 MARK B. CASE, 0000 TOMMY W. PAULK, 0000 BRODRICK J. BAILEY, 0000 ROBERT C. AYER, 0000 TIMOTHY W. PAYNE, 0000 PAUL F. BAILEY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHARLES A. RAGUCCI, 0000 BRUCE A. BAIN, 0000 RAFAEL H. RAMIREZ, 0000 TO THE GRADE INDICATED IN THE UNITED STATES GREGORY E. BAK, 0000 DELORAS J. RUSSO, 0000 COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271: *DONALD R. BAKER, 0000 KEVIN L. SAMPLES, 0000 *GREGORY A. BAKER, 0000 To be captain THOMAS E. TROXELL, 0000 *JAMES W. BAKER, 0000 JANELLE S. WEYN, 0000 KEVIN G. ROSS, 0000 KRISTIN M. BAKER, 0000 EDDIE V. MACK, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PAUL M. BAKER, 0000 JOSEPH R. CASTILLO, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY *JOHN D. BALLARD, 0000 AND FOR REGULAR APPOINTMENT AS CHAPLAIN (IDEN- JOHN W. YOST, 0000 GEOFFREY T. BALLOU, 0000 TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., SEC- ANDREW G. GIVENS, 0000 *DAVID W. BANIAN, 0000 TIONS 624, 531, AND 3064: PAUL A. PREUSSE, 0000 TEENA M. BARBER, 0000 MICHAEL J. LAPINSKI, 0000 To be major *SCOTT W. BARHAM, 0000 RONALD J. RABAGO, 0000 JEFFREY M. BARLUP, 0000 MARK E. ASHLEY, 0000 *PATRICK N. BAILEY, 0000 CH DAVID M. BARNES, 0000 ROBERT E. REININGER, 0000 *DAVID S. BAUM, 0000 CH LEE BARNES, 0000 AUBREY W. BOGLE, 0000 JAMES L. BRISSON, JR., 0000 CH STEPHEN WAYNE BARONE, 0000 LANCE W. CARPENTER, 0000 *DAVID C. CAUSEY, 0000 CH STEVEN H. RATTI, 0000 *CLAUDE A. CRISP, 0000 CH MARCO J. BARRERA, 0000 WAYNE C. PARENT, 0000 *JUAN M. CROCKETT, 0000 CH EDMUND J. BARRETT, 0000 MICHAEL J. MANGAN, 0000 *JAMES L. DRAKE, 0000 CH FREDERICK S. BARRETT, 0000 PATRICIA F. BRUCK, 0000 *THOMAS R. EDWARDS, 0000 CH *WELDON A. BARRETT III, 0000 ROBERT V. PALOMBO, 0000 *MARK E. FAIRBROTHER, 0000 CH *KEITH A. BARSHINGER, 0000 BRIAN R. CONAWAY, 0000 *STEVEN R. GEORGE, 0000 CH *BRIAN A. BARTO, 0000 *SAMUEL K. GODFREY, 0000 CH STEPHEN T. DELIKAT, 0000 *PAUL R. BARTZ, 0000 *KEITH N. GOODE, 0000 CH ROBERT L. HURST, 0000 TIMOTHY A. BASHAM, 0000 *WILLIAM GREEN, JR., 0000 CH JAMES M. FARLEY, 0000 JOHN C. BASKERVILLE, 0000 *JEFFREY D. HAWKINS, 0000 CH THOMAS R. CAHILL, 0000 *JAMES E. BASS III, 0000 *JON N. HOLLENBECK, 0000 CH JAMES X. MONAGHAN, 0000 SAMUEL C. BASS, 0000 *MICKEY D. JETT, 0000 CH STEPHEN P. GARRITY, 0000 *MARK A. JOHNSON, 0000 CH JOHN A. BASSO, 0000 DUANE M. SMITH, 0000 *STEVEN M. JONES, 0000 CH JAMES D. BATES, 0000 DARRELL C. FOLSOM, 0000 *EDWARD J. KELLEY, 0000 CH *THOMAS J. BATTLES, 0000 DANIEL A. NEPTUN, 0000 *ROBERT W. LEATHERS, 0000 CH *JAMES P. BAUMGART, 0000 CHRISTOPHER C. COLVIN, 0000 *SUK J. LEE, 0000 CH *ROBERT J. BAYHAM, 0000 DOUGLAS J. WISNIEWSKI, 0000 *JOSEPH H. MELVIN, 0000 CH *DAVID C. BEACHMAN, 0000 ROBERT W. NUTTING, 0000 *DAVID P. MIKKELSON, 0000 CH MILFORD H. BEAGLE JR., 0000 BRADLEY M. JACOBS, 0000 *KELLY J. MOORE, 0000 CH DANIEL GARTH BEATTY JR., 0000 DAVID B. MC LEISH, 0000 *CHARLES R. OWEN III, 0000 CH KEATON L. BEAUMONT, 0000 FRANCIS J. STURM, 0000 *JAMES PALMER, JR., 0000 CH *JOSEPH B. BECKER, 0000 DAVID C. SPILLMAN, 0000 *KWON PYO, JR., 0000 CH IVAN P. BECKMAN, 0000 CHRISTOPHER J. CONKLIN, 0000 *ROGER W. RAHILL, 0000 CH *MATTHEW C. BECKMANN, 0000 KEVIN S. COOK, 0000 *PABLO J. RIVERAMADERA, 0000 CH *DALE A. BEDSOLE, 0000 JEFFREY D. STIEB, 0000 *RAYMOND A. ROBINSON, JR., 0000 CH *DAVID T. BELL SR, 0000 WILLIAM J. BELMONDO, 0000 *JOHN A. ROUTZAHN, JR., 0000 CH REGINALD J. BELTON, 0000 KENNETH L. KING, 0000 *WILLIAM A. SAGER, 0000 CH CURTIS L. DUBAY, 0000 PHILLIP D. BENEFIELD JR., 0000 *JAMES E. SCHAEFER, 0000 CH *RAUL C. BENITEZ, 0000 BRUCE M. ROSS, 0000 *ALVIN G. SHRUM, 0000 CH MICHAEL L. BLAIR, 0000 *SYLVIA A. BENNETT, 0000 *EUGENE G. SLADE, 0000 CH *CHRISTOPHER M. BENSON, 0000 CHARLES S. JOHNSON, 0000 *BLAINE E. SMREKAR, 0000 CH DANA E. WARE, 0000 WILLIAM E. BENSON, 0000 *SCOTT A. STERLING, 0000 CH ERSKINE R. BENTLEY II, 0000 RICHARD J. PRESTON, 0000 *MARK E. THOMPSON, 0000 CH FRANCIS A. DUTCH, 0000 *DAVID B. BEOUGHER, 0000 *JEFFREY L. VOYLES, 0000 CH *KAREN A. BERGER, 0000 DANIEL K. OLIVER, 0000 *WILLIAM S. WEICHL, 0000 CH *GLENN J. BERGERON, 0000 KENNETH L. SAVOIE, 0000 *KENNETH R. WILLIAMS, JR., 0000 CH *STEVEN A. BERGOSH, 0000 PETER J. BOYNTON, 0000 *ROBINSON P. WILSON, 0000 CH JOSE R. BERRIOS, 0000 NEIL O. BUSCHMAN, 0000 *JEFFREY L. ZUST, 0000 CH DANIEL R. MAY, 0000 HODNE S. BERRY, 0000 WILLIAM J. SEMRAU, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN L. BERRY, 0000 JAMES K. LOUTTIT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY CARTER J. BERTONE, 0000 SUSAN D. BIBEAU, 0000 AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN JULIAN S. BETHUNEBROWN, 0000 DAVID B. HILL, 0000 ASTERISK(*) UNDER TITLE 10, U.S.C., SECTIONS 624 AND JOSEPH S. BIANCHI, 0000 JEFFREY R. PETTITT, 0000 531: MARIA A. BIANK, 0000 RICHARD W. HATTON, 0000 To be major MARK D. BIEGER, 0000 ROY A. NASH, 0000 JAMES P. BIENLIEN, 0000 JOHN E. LONG, 0000 TIMOTHY F. ABBOTT, 0000 BENJAMIN J. BIGELOW, 0000 BRUCE D. BRANHAM, 0000 EDMUND M. ACKERMAN, 0000 MICHAEL L. BINEHAM, 0000 *ANTHONY L. ADAMS, 0000 SCOTT H. EVANS, 0000 *ANN L. BING, 0000 JAMES H. ADAMS III, 0000 MARK P. BLACE, 0000 *BRIAN R. BISACRE, 0000 LARRY K. ADAMS, 0000 JOHN H. KORN, 0000 *BARRY L. BISHOP, 0000 *DENNIS P. ADOMATIS, 0000 CHARLES W. RAY, 0000 *GREGORY W. BISHOP, 0000 BRYAN F. AGENA, 0000 IN THE AIR FORCE DARRYL K. AHNER, 0000 *EARL S. BITTNER II, 0000 DEXTER A. ALEXANDER, 0000 ANTHONY V. BLACK, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT *MICHELLE A. BLACK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR *LESLIE A. ALFORD, 0000 WILLIAM R. BLACK, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: DAVID K. ALLEN, 0000 KRISTIN E. ALLEN, 0000 WILLIAM W. BLACKWELL, 0000 To be lieutenant colonel *TERANCE J. ALLEN, 0000 *SAMUEL C. BLANTON III, 0000 MICHAEL A. BLAS, 0000 JAMES C. SEAMAN, 0000 MICHAEL C. ALLISON, 0000 *MICHAEL S. ALLMOND, 0000 *JAMES J. BLAYLOCK, 0000 IN THE ARMY JAYSON A. ALTIERI, 0000 JOSHUA D. BLOCKBURGER, 0000 HEATHER B. AMSTUTZ, 0000 CHRIS A. BLOMBACH, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF REIK C. ANDERSEN, 0000 CHRISTOPHER T. BLUME, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO DOUGLAS A. ANDERSON, 0000 *THOMAS D. BOCCARDI, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY JAMES C. ANDERSON, 0000 *MORRIS L. BODRICK, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: *JOSEPH S. ANDERSON, 0000 MATTHEW A. BOEHNKE, 0000 To be colonel *LARRY S. ANDERSON, 0000 *JOHN V. BOGDAN, 0000 *MARVIN W. ANDERSON, 0000 *JAMES E. BOGLE, 0000 EDDIE L. COLE, 0000 SAMUEL GRADY ANDERSON III, 0000 *ANTHONY P. BOHN, 0000 JOE B. LAMB, JR., 0000 FRANCIS L. ANDREWS, 0000 ANDREW B. LEIDER, 0000 *KENNETH A. BOHON, 0000 PETER B. ANDRYSIAK, JR., 0000 OLIVER L. MARIANETTI, 0000 GARY BOLOS, 0000 *OSADEBE M. ANENE II, 0000 JOHN M. MENTER, 0000 BRYON L. BONNELL, 0000 RICHARD E. ANGLE, 0000 ROBERT W. MITCHELL, 0000 MARK E. BOROWSKI, 0000 KEITH W. ANTHONY, 0000 ANNE C. MOEN, 0000 DAVID W. BOTTCHER, 0000 NICHOLAS M. ANTHONY, JR., 0000 CHARLOTTE M. MORGAN, 0000 JAMES B. BOTTERS, 0000 *GREGORY S. APPLEGATE, 0000 EDDIE W. MORTON, 0000 MICHAEL A. BOTTIGLIERI, 0000 *JEFFREY L. APPLEGATE, 0000 DANNY D. SCOTT SR., 0000 JOHN ANTHONY BOUCHER, 0000 *RUDOLFO AQUINO, JR., 0000 NED I. SHULMAN, 0000 *HORACE W. BOWDEN III, 0000 *THOMAS L. ARMBRUSTER, 0000 JAMES W. SMITH, 0000 *JOHN E. BOX, 0000 ERIC D. ARNOLD, 0000 CHRISTOPHER A. WHITE, 0000 EARNEST E. BOYD, 0000 *ERIC A. ARRINGTON, 0000 GREGORY G. BOYD, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THOMAS L. ARRINGTON, 0000 *JOHN M. BOYD, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO *VANCE R. ARRINGTON, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY *LINDA J. ARTHUR, 0000 *RAYMOND E. BOYD JR., 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: *THOMAS F. ARTIS, 0000 THOMAS A. BOYD, 0000 To be colonel *MARIO A. ARZENO, 0000 CHRISTOPHER BOYLE, 0000 PAUL V. ASHCRAFT, 0000 *JIMMY M. BRADFORD, 0000 JEANNE J. BLAES, 0000 JAMES M. ASHFORD, 0000 *ROBERT D. BRADFORD III, 0000 DALE W. CLELLAND, 0000 *DAVID G. ATHEY, 0000 *ROBERT W. BRADFORD, 0000 BRARRY A. COX, 0000 *LAURI J. ATKINS, 0000 GREGORY J BRADY, 0000 SHIRLEY J. FONG, 0000 *CHARLES A. ATTALES, 0000 *MICHAEL D. BRADY, 0000 HARRIETT A. FRAME, 0000 *ANTHONY J. AUDREY, 0000 *EVA T. BRANHAM, 0000 GERY W. KOSEL, 0000 ROBERT T. AULT, 0000 *MICHAEL D. BRANTLEY, 0000 LENWOOD A. LANDRUM, 0000 *PHILIP D. AYER, 0000 *JOHN R. BRAY, 0000 JEFF W. MATHIS III, 0000 *ROTHA R. AYERS JR., 0000 MICHELE H. BREDENKAMP, 0000 MICHAEL P. MC GOWEN, 0000 *WILLIAM L. AYERS, 0000 KENT A. BREEDLOVE, 0000

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DAVID D. BRENNER, 0000 CRAIG A. CHUBA, 0000 GARNET R. DERBY, 0000 CHRISTOPHER J. BREWER, 0000 *JOHN A. CHVERCHKO, 0000 DAVID A. DESANTIS, 0000 MELVIN C. BRICKER JR., 0000 JON J. CHYTKA, 0000 EDWARD JOHN DESANTIS, 0000 *DONALD E. BRISENDINE, 0000 *PATRICK W. CIHAK, 0000 *MARK J. DESCHENES, 0000 JEFFERY D. BROADWATER, 0000 *ELIZABETH M. CISNE, 0000 *LEE R. DESJARDINS, 0000 *JEFFREY B. BROADWELL, 0000 TOM L. CLADY, 0000 JOHN J. DEVILLEZ, 0000 *DIRK K. BROCK, 0000 ANDREW B. CLANTON, 0000 *KATHLEEN P. DEVINE, 0000 HAROLD D. BROEK JR., 0000 FRANK S. CLARK III, 0000 WARREN W. DEWEY, 0000 *ANDRAE E. BROOKS, 0000 *GERALD L. CLAUDE, 0000 *DAVID J. DEYAK, 0000 *MARTHA K. BROOKS, 0000 *JOHN M. CLEARWATER, 0000 MARIO A. DIAZ, 0000 *NICHOEL E. BROOKS, 0000 JOHN G. CLEMENT, 0000 MICHAEL W. DILLINGHAM, 0000 *JOHNNY R. BROUGHTON, 0000 *TIMOTHY K. CLEMENT, 0000 *BRIAN E. DILLON, 0000 THOMAS V. BROUNS, 0000 DAVID L. CLEVENGER, 0000 DANIEL L. DIPIRO, 0000 CHARLES H. BROWN, 0000 JEFFREY T. 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*ROBERT W. FISHER, 0000 CRAIG L. GROSENHEIDER, 0000 JAMES M. HOULAHAN, 0000 TYLER F. FITZGERALD, 0000 JEFFREY C. GROVER, 0000 MATTHEW FRANKLIN HOUSER, 0000 DAVID S. FLECKENSTEIN, 0000 LEE K. GRUBBS, 0000 CLAUDE E. HOUSE, 0000 *ERIC B. FLEMING, 0000 *MARK J. GRUBER, 0000 DAVID N. HOUSH, 0000 *STEVEN W. FLETCHER, JR., 0000 *KEVIN T. GRZELKA, 0000 *EDWARD B. HOUSTON, 0000 *STEVEN J. FLETT, 0000 *JOHN M. GUARNIERI, 0000 JODI L. HOVATTER, 0000 *THOMAS R. FLOWERS, 0000 KEITH L. GUDEHUS, 0000 *MARK J. HOVATTER, 0000 BRIAN P. FOLEY, 0000 ROBERT A. GUERRIERO JR., 0000 CHRISTOPHER D. HOWARD, 0000 KYLE J. FOLEY, 0000 *STEVEN GUITRON JR., 0000 GEORGE W. HOWARD III, 0000 *WENDY L. FOLEY, 0000 DAVID P. GUNN, 0000 PAUL D. HOWARD, 0000 *TONY D. FORBES, JR., 0000 DONALD H. GUNN JR., 0000 *REGINALD D. HOWARD, 0000 COLLIN J. FORTIER, 0000 *KAM S. GUNTHER, 0000 RICHARD P. HOWARD, 0000 DARYL D. FOSS, 0000 GARY M. GURAK, 0000 *EDWARD C. HOWELL, 0000 *BRIAN R. FOSTER, 0000 TRITRON R. GURGANUS, 0000 JONATHAN E. HOWERTON, 0000 MICHAEL L. FOSTER, 0000 MOISES M. GUTIERREZ, 0000 *WILLIAM B. HOWERTON II, 0000 *SUSAN M. FOSTER, 0000 *KARL E. HAAS, 0000 DAVID K. HSU, 0000 GREGORY J. FOX, 0000 PETER M. HAAS, 0000 CURTIS W. HUBBARD, 0000 JONATHAN W. FOX, 0000 *THOMAS A. HABSTRITT, 0000 RALPH M. HUDNALL JR., 0000 BRIAN D. FRALEY, 0000 MATTHEW J. HAIGHT, 0000 *CURTIS B. HUDSON JR., 0000 DAVID J. FRANCIS, 0000 PAUL T. HALDEMAN, 0000 MICHAIL S. HUERTER, 0000 *JOHN W. FRANCIS, 0000 MICHAEL J. HALE, 0000 PHILIP C. HUGHES II, 0000 *MARC C. FRANDSEN, 0000 *JOSEPH A. HALL, 0000 BEAVER L. HUH, 0000 BRYAN S. FRANKLIN, 0000 EDWARD S. HALLAS III, 0000 HANS F. HUNT, 0000 ANDREW D. FRANZ, 0000 ANDREW B. HAMILTON, 0000 *THOMAS D. HUNTER, 0000 MICHAEL D. FREGO, 0000 JOEL D. HAMILTON, 0000 *DANIEL S. HURLBUT, 0000 MICHAEL P. FRIEND, 0000 *TERANCE J. HANNIGAN, 0000 DAVID E. HURLEY JR., 0000 *JOHN P. FRISBIE, 0000 ERIC C. HANSEN, 0000 *THOMAS D. HUSE, 0000 *DIANA L. FRITZ, 0000 JON P. 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SHAWN E. KLAWUNDER, 0000 *DUNCAN MACMULLEN, 0000 DANIEL CHARLES MOLL, 0000 *BRYAN E. KLEESE, 0000 ROBERT M. MACMULLEN, 0000 BRYAN S. MONTEITH, 0000 JEFFREY A. KLEIN, 0000 JEFFREY ALLEN MADISON, 0000 JUAN MONTOYA, 0000 *ROBERT M. KLEIN, 0000 MARCOS A. MADRID, 0000 *RICHARD D. MOON, 0000 *THOMAS J. KLEIS, 0000 KRISTA M. MAGRAS, 0000 *CHRISTOPHER S. MOORE, 0000 *IAN B. KLINKHAMMER, 0000 *RAY MALAVE, 0000 ERIC T. MOORE, 0000 *JOHN V. KLOEKER, 0000 PATRICK W. MALONEY, 0000 *PATRICK T. MOORE, 0000 MARK J. KNEIS II, 0000 *WILLIAM J. MANGAN, 0000 *THOMAS G. MOORE, 0000 KELLY T. KNITTER, 0000 PATRICK E. MANGIN, 0000 *KENT G. MOORHOUSE, 0000 *KEVIN R. KNITTER, 0000 TERRENCE T. MANNS, 0000 *CAMERON F. MOOSE, 0000 MICHAEL E. KNOX, 0000 DALE R. MANRY, 0000 CARLOS H. MORALES, 0000 JENNIE M. KOCH, 0000 *ANDREW D. MARBLE, 0000 *HECTOR R. MORALESNEGRON, 0000 *WILLIAM L. KOESTER, 0000 *EDWIN J. MARCELINO, 0000 DEWEY A. MORGAN, 0000 JOY N. KOLLHOFF, 0000 NORA R. MARCOS, 0000 *DWIGHT R. 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PATTERSON, 0000 *ROBERT D. LONG, 0000 *VERNON H. MILES JR., 0000 *ROBERT E. PATTERSON, 0000 STEPHEN V. LONG, 0000 CHARLES R. MILLER, 0000 *TRINA C. PATTERSON, 0000 *GILBERT J. LOPEZ, 0000 DOUGLAS S. MILLER, 0000 *GREGORY J. PAUL, 0000 *CHRISTOPHER J. LOREI, 0000 DWIGHT D. MILLER, 0000 BRIAN K. PAXTON, 0000 *TERRY L. LOVE, 0000 JAMES D. MILLER, 0000 DONALD E. PAYNE, 0000 JAMES C. LOVER, 0000 *JAMES E. MILLER, 0000 JAMES P. PAYNE, 0000 JAMES P. LOWE, 0000 JEFFREY S. MILLER, 0000 *KEVIN M. PAYNE, 0000 *TODD H. LOWELL, 0000 *MARIA R. MILLER, 0000 BRIAN L. PEARL, 0000 *LYNN A. LUBIAK, 0000 *MICHAEL D. MILLER, 0000 *ROBERT A. PEDEN, 0000 *JERRY W. LUCAS, 0000 *SUSAN C. MILLER, 0000 KELLY J. PEITZ, 0000 *CLARENCE LUCKETT, JR., 0000 PACKARD J. MILLS, 0000 KEITH ALBINO PELLEGRINI, 0000 *FREDRICK C. LUDDEN, 0000 ALEKSANDAR MILUTINOVIC, 0000 MICHAEL D. PELOQUIN, 0000 CHRIS L. LUKASEVICH, 0000 *PETER G. MINALGA, 0000 *LEON E. PENNINGTON, 0000 PETER C. LYDON, 0000 *JAMES M. MINNICH, 0000 LARRY D. PERINO, 0000 IAN B. LYLES, 0000 VICTORIA L. MIRALDA, 0000 CHRISTOPHER L. PERRON, 0000 ROBERT W. LYONS, 0000 BRADLEY K. MITCHELL, 0000 MICHAEL P. PERRY, 0000 CLARK R. LYSTRA, 0000 MICHELLE D. MITCHELL, 0000 THEODORE M. PERRYMAN, 0000 *CHARLES R. MACDONALD, 0000 SCOTT MITCHELL, 0000 JEFFREY LELAND PETERS, 0000 *PETER A. MACK, 0000 *SCOTT J. MITCHELL, 0000 BYRON D. PETERSON II, 0000 TODD D. MACKERT, 0000 *TORREY S. MITCHELL, 0000 *GREGORY D. PETERSON, 0000 THOMAS H. MACKEY, 0000 CHRISTOPHER O. MOHAN, 0000 KEVIN W. PETERSON, 0000 SEAN E. MACKINTOSH, 0000 *ANDRES MOLINA, 0000 MONICA L. PETERSON, 0000

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RICHARD V. PETITT, 0000 ARIEL R. RODRIGUEZCOLON, 0000 *MARK A. SMITH, 0000 MICHAEL C. PETTY, 0000 *JORGE L. RODRIGUEZJUSTINIANO, 0000 MARK R. SMITH, 0000 LAROY PEYTON, 0000 DAVID G. ROGERS, 0000 *REGINALD E. SMITH, 0000 *JIMMY M. PHILLIPS, 0000 HUGH K. ROGERS III, 0000 *SCOTT A. SMITH, 0000 JOEL R. PHILLIPS, 0000 DELBERT A. ROLL, 0000 *SPENCER L. SMITH, 0000 ROBERT J. PHILLIPS, 0000 *GEORGE M. ROLLINS II, 0000 *STEPHEN A. SMITH, 0000 *TIMOTHY U. PHILLIPS, 0000 ALEX V. ROMERO, 0000 *STEPHEN G. SMITH, 0000 *NIKOS R. PHIPPS, 0000 *DANIEL R. ROOSE, 0000 *STEPHEN L. SMITH, 0000 EMORY E. PHLEGAR JR., 0000 RICHARD R. ROOT, 0000 THERESE J. SMITH, 0000 BRIAN J. PIERCE, 0000 *THOMAS E. ROOT JR., 0000 WILLIAM J. SMITH JR., 0000 JAY G. PITZ, 0000 TRACY L. ROOU, 0000 DANIEL B. SNEAD, 0000 *ROBERT C. PIZZITOLA, 0000 ANTHONY T. ROPER, 0000 *MICHAEL J. SNIPES, 0000 *JOSE PLAZACOLON, 0000 HEATH C. ROSCOE, 0000 *ROSS D. SNOW, 0000 *BOYD R. PLESSL, 0000 *GARY R. ROSE, 0000 *THOMAS M. SNOW, 0000 BRIAN J. POE, 0000 *RODNEY P. ROSE, 0000 LOUIS J. SNOWDEN II, 0000 BILLINGSLEY G. POGUE III, 0000 DEAN T. ROSS, 0000 JON E. SOLEM, 0000 *GREGORY POLIZZI III, 0000 JAMES P. ROSS, 0000 BRIAN M. SOLES, 0000 KENDAL V. POLK, 0000 *STEVEN D. ROSSON, 0000 DARRYL T. SOLI, 0000 DAVID E. PONSELL III, 0000 *RODNEY R. ROW, 0000 DANIEL E. SOLLER, 0000 *CHARLES R. POOLE, 0000 TOD A. ROWLEY, 0000 *MARK E. SOLOMONS, 0000 SCOTT C. POOLE, 0000 JOHN K. RUDOLPH, 0000 RICHARD B. SOMERS, 0000 MICHAEL D. POPOVICH, 0000 JOHN P. RUEDISUELI, 0000 *WIRIYA SOMNUK, 0000 *CHRISTOPHER J. PORTER, 0000 *DEVIN E. RUHL, 0000 WILLIAM R. SOUTHARD, 0000 *JEFFREY A. POSHARD, 0000 CHARLES L. RUMRILL, 0000 *STEPHANIE A. SPANO, 0000 *MICHAEL A. POUND, 0000 *KYLE F. RUNTE, 0000 DOMINIC J. SPARACIO, 0000 *DOUGLAS E. POWELL, 0000 *ANTHONY J. RUZICKA, 0000 *MICHAEL A. SPARKS, 0000 *GREGG A. POWELL, 0000 RYAN B. RYDALCH, 0000 WILLIAM A. SPEIER III, 0000 *MARVIN E. POWELL, 0000 *MARK J. RYDZYNSKI, 0000 *DERWOOD L. 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VINCENT H. TORZA, 0000 *JAMES D. WILSON, 0000 ROBERT J. BETTENDORF, 0000 JOHN R. TOTH, 0000 LAWRENCE D. WILSON, 0000 AVERY A. BEVIN, 0000 *ROBERT N. TRABUCCHI JR., 0000 *LISA M. WILSON, 0000 DONALD E. BEYERS, 0000 PETER J. TRAGAKIS, 0000 *LITONYA J. WILSON, 0000 MICHAEL M. BEZOUSKA, 0000 MICHAEL F. TRAVER, 0000 ROBERT E. WILSON, 0000 FRANK M. BISHOP, 0000 *GREGORY R. TRNKA, 0000 *STEPHEN W. WILSON, 0000 JEFFREY W. BITTERMAN, 0000 *MICHAEL F. TRONOLONE JR., 0000 TERRY M. WILSON JR., 0000 DUANE L. BIZET, 0000 TIMOTHY C. TROUTMAN, 0000 TODD P. WILSON, 0000 PATRICK J. BLAIR, 0000 TERRY L. TRUETT, 0000 *LARRY D. WINCHEL, 0000 GINA K. BLAKEMAN, 0000 DEAN H. TRULOCK, 0000 DIANE E. WINEINGER, 0000 K. J. BLASINGAME, 0000 *SEENA C. TUCKER, 0000 DOUGLAS W. WINTON, 0000 DAVID L. BLAZES, 0000 RONALD M. TUCZAK, 0000 *CHARLES E. WITTGES, 0000 LYNELLE M. BOAMAH, 0000 SCOTT K. TUFTS, 0000 *MARK P. WITTIG, 0000 MAJOR K. BOATENG, 0000 WILLIAM TURMEL JR., 0000 RAY P. WOJCIK, 0000 JOHN F. BOGARD, 0000 *DOUGLAS J. TWYMAN, 0000 *ERIC S. WOLF, 0000 EDWIN F. BOGDANOWICZ, 0000 *JOSEPH D. TYRON, 0000 DONALD C. WOLFE JR., 0000 WILLIAM M. BOLAND, 0000 JUAN K. ULLOA, 0000 *DWANA L. WOLFE, 0000 MICHAEL C. BOND, 0000 *KATHY A. UNDERWOOD, 0000 *CHRISTOPHER A. WOLNEY, 0000 TROY F. BOREMA, 0000 ROBERT E. UNGER, 0000 DAVID S. WOLONS, 0000 LISA A. BOSIES, 0000 *KEVIN K. UPSON, 0000 JOHN W. WOLTZ, 0000 ADRIENNE E. BOSSIO, 0000 *CHARLES L. VANAUKEN, 0000 DAVID R. WOMACK, 0000 MICHAEL BOTTICELLI, 0000 MARVIN G. VANNATTER JR., 0000 DAVID L. WOOD, 0000 RONALD J. BOUCHER, 0000 *JOHN M. VANNOY, 0000 HELY D. WOOD, 0000 JAMES J. BOUDO, 0000 PETER R. VANPROOYEN, 0000 HARRY T. WOODMANSEE III, 0000 ROGER L. BOUMA, 0000 CHRISTOPHER H. VARHOLA, 0000 *ROBERTA J. WOODS, 0000 MICHAEL J. BOWERS, 0000 MICHAEL L. VARUOLO, 0000 *JEFFREY F. WOODWARD, 0000 FRANK G. BOWMAN, 0000 DAVID I. VASQUEZ, 0000 *GORDON J. WORRALL, 0000 WILLIAM BOYAN, 0000 *JUAN M. VAZQUEZQUINTANA, 0000 *JOHN J. WOTRING IV, 0000 MICHAELA S. BRADLEY, 0000 *RODRIGUEZ F. VENTURA, 0000 JON A. WOZNIAK, 0000 PAUL J. BRADY, 0000 KENNETH G. VERBONCOEUR, 0000 WALTER D. BRAFFORD, 0000 *WILLIAM S. WOZNIAK, 0000 *LEONARD E. VERHAEG, 0000 BRIAN M. BRAITHWAITE, 0000 *MARK E. WRIGHT, 0000 JOHN A. VERMEESCH, 0000 JAMES E. BREAY, 0000 *JOHN A. WYRWAS, 0000 *JULIE A. VESEL, 0000 DAVID N. BREIER, 0000 RICHARD S. YADA, 0000 *BRADFORD M. VESSELS, 0000 ERIC K. BRESSMAN, 0000 *GE YANG, 0000 *PAUL M. VIDO, 0000 BRADLEY A. BRISCOE, 0000 NEWMAN YANG, 0000 TIMOTHY J. VINSON, 0000 PAUL J. BROCHU, 0000 DAVID J. YEBRA, 0000 *SCOTT A. VOELKEL, 0000 DARWIN M. BROOKS, 0000 DAVID GENE YONKOVICH, 0000 JESSICA R. VOSS, 0000 ROBERT A. BROOKS, JR., 0000 *MARK A. YOUMANS, 0000 KURT O. WADZINSKI, 0000 JEFFREY L. BROWDER, 0000 ROBERT A. WAGNER, 0000 *CHAD D. YOUNG, 0000 AVEMARIA R. BROWN, 0000 DAVID J. WALDMAN, 0000 *JOEL W. YOUNG, 0000 MARGARET A. BROWN, 0000 *DAVID S. WALKER, 0000 *KEITH L. YOUNG, 0000 WENDY M. BROWN, 0000 DIANNE M. WALKER, 0000 PATRICK M. YOUNG, 0000 PIERRE A. BRUNEAU, 0000 MARLENA O. WALKER, 0000 STEVEN D. YOUNG, 0000 GARY W. BRUTON, 0000 *LEONARD W. WALLACE JR., 0000 GUY C. YOUNGER, 0000 KYLE A. BRYAN, 0000 MICHAEL S. WALLACE, 0000 MATTHEW W. ZAJAC, 0000 WILLIAM D. BRYAN, 0000 *ROBERT D. WALLACE, 0000 ERIC W. ZEEMAN, 0000 PAUL D. BUNGE, 0000 *SAMUEL J. WALLER, 0000 LOUIS A. ZEISMAN, 0000 BRADLEY L. BUNTEN, 0000 *GLENN A. WALSH, 0000 CRAIG S. ZEITLER, 0000 ANTHONY BUONCRISTIANI, 0000 PATRICK M. WALSH, 0000 *DARRELL H. ZEMITIS, 0000 THERESE J. BURATYNSKI, 0000 TODD E. WALSH, 0000 *SIDNEY C. ZEMP IV, 0000 DIANE T. BURNELL, 0000 *WILLIAM A. WALTERS, 0000 ANTHONY E. ZERUTO, 0000 LARRY C. BURTON, 0000 CHRISTOPHER S. WALTON, 0000 *ERIK D. ZETTERSTROM, 0000 EDWARD T. BUTZIRUS, 0000 *STEPHEN J. WARD, 0000 *CHRIS E. ZIMMERMAN, 0000 DAVID A. BYMAN, 0000 KURTIS L. WARNER, 0000 FRANK H. ZIMMERMAN, 0000 GREGORY R. CADLE, 0000 KYLE W. WARREN, 0000 DENNIS M. ZINK, 0000 ANN M. CAMPBELL, 0000 *TONY W. WARREN, 0000 KEVIN K. ZURMUEHLEN, 0000 KAREN M. CARLSON, 0000 *DAVID B. WASHINGTON, 0000 *MICHAEL J. ZUVANICH, 0000 SAMUEL R. CARLTON, 0000 GREGORY G. WASHINGTON, 0000 IN THE NAVY GREGORY R. CARON, 0000 *JULIUS WASHINGTON, 0000 JOHN W. CARSON III, 0000 BRIAN K. WATKINS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL M. CARSON, 0000 *CHRISTOPHER P. WATKINS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY RONALD CARSON, 0000 *CHRISTOPHER J. WATSON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DIANA J. CARSTEN, 0000 ELIZABETH W. WATSON, 0000 To be lieutenant commander LISA M. CARTWRIGHT, 0000 JEFFREY L. WATSON, 0000 SHELBY J. CASH, 0000 RICHARD G. WATSON, 0000 ERIC M. AABY, 0000 JEFFREY C. CASLER, 0000 SCOTT R. WATSON, 0000 CHARLES V. ACKLEY, 0000 JOHN D. CASSANI, 0000 ROBERT K. WATWOOD, 0000 EROL AGI, 0000 JAMES R. CASSATA, 0000 MICKEY E. WEAVER, 0000 SYED N. AHMAD, 0000 DIANE CASSIN, 0000 *ERIK C. WEBB, 0000 JAMES T. ALBRITTON, 0000 ALDO J. CATTOI, 0000 DAVID J. WEBER, 0000 JESSE P. ALDRIDGE, 0000 LORIS F. CEDENO, 0000 *TAMARA S. WEESE, 0000 DOUGLAS E. ALEXANDER, 0000 ALEXANDER B. CHAO, 0000 AUGUST M. WEGNER IV, 0000 GWENDOLYN A. ALLANSON, 0000 CHESTER E. CHAPMAN, 0000 *ROBERT G. WEGNER, 0000 JOSEPH F. ALLING, 0000 PATRICIA G. CHAPPLE, 0000 ROY R. WEIDANZ, 0000 STEPHEN L. ALM, 0000 ANTHONY S. CHAVEZ, 0000 *DAVID J. WEIS, 0000 MOHAMAD ALSAWAF, 0000 JAMES T. CHAVIS, 0000 MICHAEL D. WEISZ, 0000 JULIANN M. ALTHOFF, 0000 PENGTA A. CHIANG, 0000 HIELKE WELLING, 0000 ROGELIO E. ALVAREZ, 0000 LAMAR A. CHILDS, 0000 SHELLY D. WELLS, 0000 FREDRIC N. AMIDON, 0000 ANTHONY CHILLURA, 0000 VERONICA J. WENDT, 0000 PAUL A. AMODIO, 0000 SHING K. CHIOU, 0000 *CHARLES W. WERNER, 0000 JENNIFER ANDERS, 0000 KURT M. CHIVERS, 0000 MICHAEL E. WERTZ, 0000 JEFFREY ANDERSON, 0000 ARRON A. CHO, 0000 STEPHEN A. WERTZ, 0000 KAMI ANDERSON, 0000 CIA CIANCI, 0000 NEAL A. WEST, 0000 KEVIN L. ANDERSON JR., 0000 GORDON E. CLARK, JR., 0000 MATTHEW A. WHALLEY, 0000 TERRY M. ANDERSON, 0000 LINDA CLARK, 0000 *JAMES A. WHATLEY, 0000 JOHN S. ANTHONY, 0000 MATTHEW T. CLARK, 0000 JOHN WHITLEY WHEELER, 0000 FILOMENO J. ARENAS JR., 0000 PHILLIP E. CLARK, 0000 BRADLEY A. WHITE, 0000 MICHAEL W. ARMES, 0000 KRISTIN N. CLEAVES, 0000 *GREGORY D. WHITE, 0000 STEPHEN E. ARMSTRONG, 0000 TIMOTHY A. COAKLEY, 0000 *PATRICK M. WHITE, 0000 SARAH J. ARNOLD, 0000 BARBARA A. COLEMAN, 0000 *ROBERT L. WHITE, 0000 STEPHEN ARNTZ, 0000 JOSEPH D. COLEMAN, 0000 *CHRISTOPHER J. WHITTAKER, 0000 SCOTT ASHBY, 0000 CHRISTOFER M. COLLINS, 0000 ROBERT F. WHITTLE JR., 0000 DENIS E. ASHLEY, 0000 FRANK A. COLON, 0000 *ANTHONY R. WIGGINS, 0000 DIXIE L. AUNE, 0000 LAURA K. COMSTOCK, 0000 *CHRISTOPHER W. WILBECK, 0000 KEITH E. AUTRY, 0000 ALFONSO J. CONCHA, 0000 *JAMES L. WILKINS, 0000 CHAD M. BAASEN, 0000 DAVID R. CONGDON, 0000 KENNETH M. WILKINSON, 0000 ETHAN A. BACHRACH, 0000 KATRINA L. CONRAD, 0000 *KEVIN R. WILKINSON, 0000 FLAURYSE M. BAGUIDY, 0000 CHRISTOPHER J. COOK, 0000 ANDREA R. WILLIAMS, 0000 JASON T. BALTIMORE, 0000 SCOT A. CORDRAY, 0000 *ANGELO N. WILLIAMS, 0000 JEFF BARNES, 0000 WANDA A. CORNELIUS, 0000 *BRIGITTE L. WILLIAMS, 0000 MARIO L. BARNES, 0000 WILLIAM D. COSGROVE, 0000 BRUCE H. WILLIAMS, 0000 JOHN T. BARNETT, 0000 EDWARD G. COVERT, 0000 *CALVIN E. WILLIAMS, 0000 CHRISTOPHER R. BARNEY, 0000 KIP L. COWELL, 0000 *CEDRIC B. WILLIAMS, 0000 JOSEPH P. BARRION, 0000 DONALD E. COWLES, 0000 LEMUEL K. WILLIAMS, 0000 TIMOTHY S. BARTLETT, 0000 JOHN A. CRADDOCK, 0000 MICHAEL T. WILLIAMS, 0000 LAWRENCE M. BATEMAN, 0000 TED L. CRANDALL, 0000 *RALPH E. WILLIAMS, 0000 REBECCA L. BATES, 0000 PAMELA M. CREIGHTON, 0000 *ROBIN D. WILLIAMS, 0000 SAM G. BATTAGLIA, 0000 NANCY F. CRUM, 0000 *SAMUEL E. WILLIAMS, 0000 ELIZABETH A. BEATY, 0000 ROBERT CSORBA, 0000 *STANLEY T. WILLIAMS, 0000 AMY L. BECKER, 0000 SHAWN T. CULLEN, 0000 THOMAS M. WILLIAMS, 0000 TODD D. BELL, 0000 VALENTINE W. CURRAN, 0000 *RONNIE J. WILLIAMSON, 0000 PATRICK M. BELSON, 0000 MARTHA A. CUTSHALL, 0000 *ROBERT A. WILLIS, 0000 JOHN F. BENNETT, 0000 THOMAS M. DAILEY, 0000 *RICHARD E. WILLS, 0000 JACQUELINE M. BERNARD, 0000 JAMES J. DALEY, 0000 JAMES L. WILMETH IV, 0000 LEAH A. BERSAMIN, 0000 TIMOTHY L. DANIELS, 0000 CHARLES V. WILSON, 0000 CHRISTOPHER J. BERSANI, 0000 CHRISTOPHER A. DAVIS, 0000 *EDDIE D. WILSON, 0000 SUSAN M. BESSING, 0000 DONNA L. DAVIS, 0000

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FREDERICK C. DAVIS, 0000 TERRY C. GORDON, 0000 BRENT M. KELLN, 0000 ROBERT C. DAVIS, JR., 0000 STEPHEN E. GOTTLIEB, 0000 JULIAN T. KELLY, 0000 THOMAS S. DAVIS, 0000 DIMITRY B. GOUFMAN, 0000 TONJIA L.H. KELSCH, 0000 TOMMIE E. DAVIS, JR., 0000 MARK T. GOULD, 0000 BRYCE D. KIM, 0000 GEORGE O. DECKER, 0000 JOHN R. GOULDMAN JR., 0000 ANTHONY L. KINGSBERRY, 0000 CHARLES G. DECLERCK, 0000 THOMAS E. GRAEBNER, 0000 SHARON W. KINGSBERRY, 0000 PAULA K. DEKEYSER, 0000 RICHARD A. GRAHAM, 0000 DANIEL P. KINSTLER, 0000 N. F. DELACRUZ, 0000 PHILIPPE J. GRANDJEAN, 0000 DANIEL E. KIRKWOOD, 0000 MARC R. DELAO, 0000 TATIA R. GRANTLEVY, 0000 REX A. KITELEY, 0000 VICTOR D. DELAOSSA, 0000 FRANKLIN C. GREEN, 0000 KEVIN KLEIN, 0000 ALAIN DELGADO, 0000 DIANE M. GRIGG, 0000 MELISSA D. KLEIN, 0000 DONALD R. DELOREY, 0000 JAMES M. GRIMSON, 0000 JOHN A. KLIEM, 0000 SUSAN M. DEMCHAK, 0000 WILLIAM GROFF, 0000 JON R. KNAPP, 0000 MARYANN C. DESPOSITO, 0000 PATRICK N. GROVER, 0000 JAY L. KNIGHT, 0000 DAVID L DEVLIN, 0000 ULFUR T. GUDJONSSON, 0000 BERNARD D. KNOX, 0000 LINO S. DIAL, 0000 RICHARD A. GUSTAFSON, 0000 CHRISTOPHER M. KNUDSEN, 0000 RICHARD F. DIBUCCI, 0000 THINH V. HA, 0000 DAVID R. KOCH, 0000 JOHN V. DICKENS III, 0000 DONALD C. HAAS, 0000 CHRISTOPHER KOCHER, 0000 KURT A. DIEBOLD, 0000 WADE A. HACHINSKY, 0000 MICHELLE M. KOELLERMEIER, 0000 ROSEMARIE DIEFFENBACH, 0000 RICHARD A. HACKIM, 0000 MICHAEL F. KOZMA, 0000 DAVID A. DISANTO, 0000 RICHARD G. HAGERTY, 0000 RONALD F. KRAMPS, 0000 STANLEY DOBBS, 0000 RONALD D. HAGGERTY, 0000 JAMES C. KRASKA, 0000 RAMONA M. DOMENHERBERT, 0000 AMY L. HALL, 0000 BARBARA M. KRAUZ, 0000 TIMOTHY F. DONAHUE, 0000 KAREN I. HALL, 0000 KEVIN M. KREIDE, 0000 STEPHEN J. DONLEY, 0000 MICHAEL E. HALL, 0000 SHYAM KRISHNAN, 0000 CATHLEEN M. DONOHUE, 0000 SIDNEY E. HALL, 0000 SUSAN M. KRIZEK, 0000 THOMAS L. DORWIN, 0000 STEVEN D. HALL, 0000 STEPHEN J. KRUSZKA, 0000 JOAN K. DOUGHTY, 0000 DAVID HALLEY, 0000 CYNTHIA A. KUEHNER, 0000 TRENT D. DOUGLAS, 0000 JOHN F. HALPIN, 0000 HEIDI A. KULBERG, 0000 DAVID E. DOW, 0000 BRENDA R. HAMILTON, 0000 PAMELA L. KULICH, 0000 RITA W. DRIGGERS, 0000 LAURA E. HAMILTON, 0000 ELLEN K. KUMLER, 0000 MAURICIO G. DRUMMOND, 0000 BRADLEY S. HANCOCK, 0000 CHRISTOPHER M. KURGAN, 0000 RUTH H. DUDA, 0000 JAMES L. HANCOCK, 0000 JAYDE E. KURLAND, 0000 WILLIAM C. DUERDEN, 0000 DAVID J. HANLEY, 0000 RICHARD A. LAING, 0000 JOSEPH E. DUFOUR, 0000 PETER E. HANLON, 0000 LINDA M. LAKE, 0000 DAVID P. DULA, 0000 MATTHEW P. HANNON, 0000 KENNETH S. LANE, 0000 MARK R. DUNCAN, 0000 CHERYL M. HANSEN, 0000 JAMES A. LAPOINTE, 0000 FRANKLIN T. DUVALL, 0000 ELIZABETH HARBISON, 0000 ELIZABETH D. LASSEK, 0000 EILEEN M. DWYER, 0000 MICHAEL C. HARDACRE, 0000 DONOVAN R. LAWRENCE, 0000 GEORGE L. DYER III, 0000 DIANE P. HARPER, 0000 STACEY L. LAYLE, 0000 ANGELA S. EARLEY, 0000 NANCY S. HARPER, 0000 JONNA L. LEADFORD, 0000 JOHN A. EASTONE, 0000 PAUL F. HARPER, 0000 JONATHAN W. LEBARON, 0000 SONYA I. EBRIGHT, 0000 JAMES M. HARRIS, 0000 CHAD A. LEE, 0000 DENNIS E. EDWARDS, 0000 DANA M. HARRISECHOLS, 0000 CHAD H. LEE, 0000 TROY EHRHART, 0000 PAMELA C. HARVEY, 0000 GABRIEL LEE, 0000 JENNIFER L. EICHENMULLER, 0000 THOMAS W. HASH, 0000 JOHN T. LEE, 0000 DEAN S. ELATTRACHE, 0000 JENNIFER L. HAYASHI, 0000 NICHOL M. LEE, 0000 DANIEL E. ELDREDGE, 0000 ANTHONY B. HEADRICK, 0000 ROBERT K. LEE, 0000 DEBRA J. ELLIOTT, 0000 JASON O. HEATON, 0000 JORGE P. LEGUIZAMO, 0000 JAMES W. ELLIOTT, 0000 MATTHEW W. HEBERT, 0000 ANDREA L. LEMON, 0000 ERIC A. ELSTER, 0000 ERICH R. HEINZ, 0000 WILLIAM D. LEONARD, 0000 MARK D. ERHARDT, 0000 ANDREW H. HENDERSON, 0000 DAVID P. LEVAN, 0000 RICHARD P. ERICKSON, 0000 JULIE A.W. HENDRICKSON, 0000 ANDREW D. LEVITZ, 0000 SUSAN D. ERMISH, 0000 ELIZABETH HENGSTEBECK, 0000 FRED W. LINDSAY, 0000 MICHAEL S. EUWEMA, 0000 LEONARD R. HENRY, 0000 DWAYNE LINDSEY, 0000 SHARON D. EVANS, 0000 RICHARD HESBY, 0000 RANDEL E. LIVINGOOD, 0000 KREG R. EVERLETH, 0000 COLETTE M. HESS, 0000 STEVEN L. LOBERG, 0000 DANIEL M. EVES, 0000 CHRISTINE D. HIGGINS, 0000 KELLY J. LOOMIS, 0000 KRISTEN B. FABRY, 0000 KURT H. HILDEBRANDT, 0000 CHRISTOPHER C. LUCAS, 0000 ROLAND L. S. FAHIE, 0000 ANDREA M. HILES, 0000 BRUCE B. LUDWIG JR., 0000 JASON B. FAUNCE, 0000 DAVID J. HINCKLEY, 0000 MELINDA M. LUKEHART, 0000 CLARE E. FEIGL, 0000 JEROME A. HINSON, 0000 KYLE P. LUKSOVSKY, 0000 RENA K. FERGUSON, 0000 SHELBY L. HLADON, 0000 CHRISTOPHER V. LUTMAN, 0000 KIMBERLY A. FERLAND, 0000 PATRICK A. HOCHSTEIN, 0000 JAMES R. MACARANAS, 0000 ELEANOR M. FERNANDEZ, 0000 DAVID A. HOCK, 0000 WAYNE A. MACRAE, 0000 ELIZABETH FERRARA, 0000 DANIEL B. HODGSON, 0000 KEVIN A. MAGIERA, 0000 STEPHEN L. FERRARA, 0000 ERIC R. HOFFMAN, 0000 KIMBERLY L. MAINO, 0000 DAMON S. FETTERS, 0000 BERNARD H. HOFMANN, 0000 THOMAS J. MAINO, 0000 MARTIN W. FIELDER, 0000 KATHLEEN M. HOGANBENTZ, 0000 CHRISTINE W. MANKOWSKI, 0000 JAYSON FIELDS, 0000 DANIEL J. HOHMAN, 0000 GRETA C. MANNING, 0000 JEFFREY K. FILBECK, 0000 ANDREW J. HOLLAND, 0000 KENDRA A.T. MANNING, 0000 WILLIAM S. FINLAYSON, 0000 RAYMOND J. HOUK, 0000 JESSICA L. MANSFIELD, 0000 JOSEPH C. FINLEY, 0000 GARY B. HOYT, 0000 JOHN R. MANSUETI, 0000 CAMERON H. FISH, 0000 GLENN W. HUBBARD, 0000 MARK G. MARINO, 0000 CARY N. D. FISHBURNE, 0000 MICHELE C. HUDDLESTON, 0000 BRIAN W. MARSHALL, 0000 ELIZABETH A. FITZPATRICK, 0000 LESLIE T. HUFFMAN, 0000 KIMBERLEY A. MARSHALL, 0000 ETHAN A. FLYNN, 0000 SALLY A. HUGHES, 0000 ROBERT MARTINAZZI II, 0000 MARC H. FOGELSON, 0000 JOHN E. HUMISTON, 0000 LORI J. MARTINELLI, 0000 FRANCIS P. FOLEY, 0000 ERIC HUNKELE, 0000 JEFFERY J. MASON, 0000 SHAWN A. FOLLUM, 0000 KENDRA W. HUSEMAN, 0000 JOHN M. MATHIAS, 0000 JERRY R. FOLTZ, 0000 DANIEL G. HUTCHINS, 0000 STEVEN A. MATIS, 0000 STEPHANIE L. FORD, 0000 KEVIN L. HUTSELL, 0000 MICHAEL J. MATTEUCCI, 0000 CHRISTOPHER A. FOSTER, 0000 INZUNE K. HWANG, 0000 ANDREW M. MATTHEWS, 0000 JANETTE D. FOSTER, 0000 CONSTANCE E. HYMAS, 0000 KARLWIN J. MATTHEWS, 0000 TIMOTHY T. FOSTER, 0000 ROMEO C. IGNACIO, 0000 CAREY L. MAY, 0000 WILLIAM L. FOSTER, 0000 CHRISTOPHER J. IRWIN, 0000 GEORGE L. MAYO, 0000 WILLIAM E. FRANKLIN, 0000 HAYDEN O. JACK, 0000 AMY MC BRIDE, 0000 DEREK P. FRASZ, 0000 RONNY L. JACKSON, 0000 SCOTT T. MC CAIN, 0000 CHRISTOPHER C. FRENCH, 0000 THOMAS J. JAGLOWSKI, 0000 BILLY J. MC CARTY, 0000 KAREN K. FREY, 0000 KIMBERLY L. JAMES, 0000 WHITNEY P. MC CLINCY, 0000 THOMAS G. FRIEDRICH, 0000 DAVID A. JANCO, 0000 COLLEEN L. MC CORQUODALE, 0000 MARK A. FRIERMOOD, 0000 ALBERT S. JANIN IV, 0000 WILLIAM P. MC CULLOUGH, 0000 ROBERT S. FRY, 0000 DONNA M. JEFCOAT, 0000 CAREN L. MC CURDY, 0000 ORLANDO J. FUGARO, 0000 STEPHEN L. JENDRYSIK, 0000 KIMBERLY W. MC DONALD, 0000 EFRAM R. FULLER, 0000 DEBBIE R. JENKINS, 0000 EDWARD S. MC GINLEY, 0000 FRANK W. FUTCHER, 0000 BRIAN T. JENSEN, 0000 CHRISTOPHER MC GINN, 0000 STUART J. GALL, 0000 DALE A. JENSEN, 0000 JANET L. MC GLOIN, 0000 ROBERT W. GANOWSKI, 0000 TIMOTHY R. JETT, 0000 MEGGAN C. MC GRAW, 0000 MICHAEL C. GARBACCIO, 0000 BRENT D. JOHNSON, 0000 FREDERICK A. MC GUFFIN, 0000 ANGELA B. GARDNER, 0000 JON D. JOHNSON, 0000 GARY A. MC INTOSH, 0000 PATRICK A. GARIN, 0000 KENNETH D. JOHNSON, 0000 STEPHEN E. MC INTYRE, 0000 JAMES C. GAY, 0000 RAYMOND W. JOHNSON, 0000 PATRICK J. MC LAUGHLIN, 0000 MARK T. GERONIME, 0000 SCOTT A. JOHNSON, 0000 MARTIN W. MC MICHAEL, 0000 SAMAN GHARAI, 0000 VIVIANA V. JOHNSON, 0000 HUGH K. MC SWAIN IV, 0000 DEAN T. GIACOBBE, 0000 JEFFREY JONES, 0000 JOSEPH P. MC VICKER, 0000 HEATHER K. GILCHRIST, 0000 SHARI F. JONES, 0000 MAURICE F. MEAGHER, 0000 JOHN E. GILLILAND, 0000 STACEY L. JONES, 0000 MICHAEL J. MEIER, 0000 DAVID S. GILMORE, 0000 TIMOTHY R. JONES, 0000 CARMELO MELENDEZ, 0000 TYRONE E. GILMORE, 0000 KIMBERLY A. JORDAN, 0000 GABRIEL MENSAH, 0000 RONALD W. GIMBEL, 0000 JAMES W. KAEHR, 0000 KYLE A. MENZEL, 0000 STANLEY C. GIUDICI, 0000 SHERNAAZ B. KAPADIA, 0000 DAVID G. MERRITT, 0000 RONALDO D. GIVENS, 0000 STEPHANIE A. KAPFER, 0000 NICHOLAS L. MERRY, 0000 KATHRYN GLASS, 0000 FRANK T. KATZ, 0000 LAURA M. MEYER, 0000 DEXTER K. GLOSTER, 0000 KURTIS V. KAUFMAN, 0000 DANIEL L. MEYERS, 0000 JOSE R. GONZALEZ, 0000 DOUGLAS M. KEEL, 0000 PHILIP A. MICELI, 0000 GEORGE J. GOODREAU II, 0000 KRISTIN E. KEIDEL, 0000 COLETTE A. MICHALETZ, 0000 MARK R. GOODRICH, 0000 RICHARD J. KEITER, 0000 GEORGE W. MIDDLETON, 0000

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JULIE D. MILBURN, 0000 DANIEL RIPLEY, 0000 DEAN A. VANDERLEY, 0000 ANGELA S. MILLER, 0000 GORDON D. RITCHIE, 0000 ALAN J. VANDERWEELE, JR., 0000 BRUCE M. MILLER, 0000 TIMOTHY A. ROBERTS, 0000 DARREL G. VAUGHN, 0000 JULIE K. MILLER, 0000 MARGARET A. ROBERTSON, 0000 FRANCISCO X. VERAY, 0000 MARK W. MILLER, 0000 TED E. ROBERTSON, 0000 JAMES F. VERREES, 0000 STEVEN R. MILLER, 0000 TIMOTHY J. ROGERS, 0000 THOMAS J. VERRY, 0000 SUE MILLER, 0000 CHARLES E. ROLLINSON, 0000 JAMES C. VESTEVICH, 0000 LEONARD A. MILLIGAN, 0000 SHAY D. ROSECRANS, 0000 JOSEPH VICE, 0000 TIMOTHY L. MILLNER, 0000 DOUGLAS J. ROWLES, 0000 ANNETTE M. VONTHUN, 0000 MICHELE M. MINGRONE, 0000 RICHARD C. RUCK, 0000 AMY E. WAGAR, 0000 THOMAS J. MITORAJ, 0000 JOEL T. RUFF, 0000 ROGER F. WAKEMAN, 0000 VALERIE A. MOLINA, 0000 ALBERTO A. RULLAN, 0000 RUSSELL L. WALES, JR., 0000 JOSEPH D. MOLINARO, 0000 BRIAN E. RUSAK, 0000 JEFFREY B. WALKER, 0000 THOMAS J. MOREAU, 0000 DONALD H. RUTH II, 0000 SCOTTY W. WALTERMIRE, 0000 LISA M. MORRIS, 0000 KIMBERLY J. SALENE, 0000 MICHAEL D. WALTZ, 0000 JILLIAN L. MORRISON, 0000 EDILBERTO M. SALENGA, 0000 JAMES T. WARMOWSKI, 0000 PAMELA L. MORRISON, 0000 EDWARD J. SALOPEK, 0000 DONALD O. WATSON, 0000 DEBRA A. MORTLAND, 0000 RICHARD SAMS, 0000 THOMAS B. WEBBER, 0000 DARREN C. MORTON, 0000 TODD C. SANDER, 0000 CARL G. WEBER, 0000 STEPHANIE J. MOSER, 0000 COLLEEN L. SANDIE, 0000 DWIGHT WEBSTER, 0000 GEORGE T. MOSES, 0000 ERIC S. SAWYERS, 0000 LLOYD D. WEDDINGTON, 0000 DAVID A. MOSMAN, 0000 COLETTE K. SCHEURER, 0000 JEFFREY S. WEISS, 0000 MARY E.B. MOSS, 0000 JEFFREY A. SCHMIDT, 0000 BRIAN P. WELLS, 0000 TIMOTHY F. MOTT, 0000 LAWRENCE E. SCHMITZ, 0000 THOMAS J. WELSH, 0000 TERRYE A. MOWATT, 0000 ERIC J. SCHOCH, 0000 KURT J. WENDELKEN, 0000 WILLIAM J. MUHM, 0000 SCOTT O. SCHULZ, 0000 SAM J. WESTOCK, 0000 SANJOYDEB MUKHERJEE, 0000 CHRISTOPHER D. SCIBELLI, 0000 CHRISTOPHER WHERTHEY, 0000 FRANCIS S. MULCAHY, 0000 RICHARD N. SCINICO, 0000 JOHN J. WHITCOMB, 0000 SHELTON MURPHY, 0000 CALVIN D. SCOTT, 0000 MARY P. WHITE, 0000 PHILIP A. MURPHYSWEET, 0000 HUGH B. SCOTT, 0000 RICHARD D. WHITE, 0000 ANN L. MURRAY, 0000 WILLIAM W. SCOTT JR., 0000 YOLANDA M. WHITFIELD, 0000 JASON P. MYERS, 0000 WILLIAM T. SCOUTEN, 0000 CLAYTON B. WHITING, 0000 MICHAEL T. MYERS, 0000 MERYL A. SEVERSON, III, 0000 KENNETH J. WHITWELL, 0000 SYLVIA I. NAGY, 0000 MARY S. SEYMOUR, 0000 BRUCE E. WIETHARN, 0000 DONALD D. NAISER JR., 0000 PAUL J. SHAUGHNESSY, 0000 STANLEY L. WIGGINS, 0000 EDWARD J. NASH, 0000 ALAN G. SHELHAMER, 0000 JONATHAN P. WILCOX, 0000 CHERYL A. NAVARRO, 0000 DELARUE S. SHELTON, 0000 JULIE M. WILCOX, 0000 JOSE A. NEGRON, 0000 DAVID A. SHEPPARD, 0000 STANLEY W. WILES, 0000 BRENDA L. NELSON, 0000 RYAN J. SHERER, 0000 BARNEY S. WILLIAMS, 0000 THOMAS J. NELSON, 0000 ERIC S. SHERMAN, 0000 DAN A. WILLIAMS, 0000 TIFFANY S. NELSON, 0000 JOHN M. SHIMOTSU, 0000 FRANCIS T. WILLIAMS, 0000 STEVEN R. NESS, 0000 DARCY M. SHIRLEY, 0000 MARTY T. WILLIAMS, 0000 JOSEPH H. NEUHEISEL, 0000 GINA M. SIEGWORTH, 0000 NECIA L. WILLIAMS, 0000 GREGORY G. NEZAT, 0000 ADRIENNE J. SIMMONS, 0000 ROBERT L. WILLIAMS, JR., 0000 MINDA G. NIEBLAS, 0000 CANDY M. SIMMONS, 0000 YVONNE R. WILLIAMS, 0000 RACHAEL J. NIKKOLA, 0000 VICKI L. SIMMONS, 0000 CHARLES S. WILLMORE, 0000 ALAN F. NORDHOLM, 0000 GARRY H. SIMONS, 0000 ROLAND C. WILLOCK, 0000 JOSEPH G. OBRIEN, 0000 DAVID D. SIMPKINS, 0000 ALAN K. WILMOT, 0000 ELOY OCHOA, 0000 EDWARD E. SIMPSON, 0000 RAYMOND P. WILSON, 0000 PATRICK J. OCONNOR, 0000 DERIC J. SIMS, 0000 NOEL WISCOVITCH, 0000 JEFFREY D. ODELL, 0000 BILLY W. SLOAN, 0000 MICHAEL D. WITTENBERGER, 0000 MICHAEL P. OESTEREICHER, 0000 SHELDON K. SLOAN, 0000 ALBERT Y. WONG, 0000 STEVEN T. OLIVE, 0000 BLAIR M. SMITH, 0000 JASON D. WONG, 0000 DAVID M. OLIVER, 0000 BRADFORD L. SMITH, 0000 ERNEST W. WORMAN, III, 0000 MARK D. OLSZYK, 0000 DAVID E. SMITH, 0000 GEOFFREY A. WRIGHT, 0000 LYNN G. O NEIL, 0000 SCOTT C. SMITH, 0000 KENNETH J. WYDAJEWSKI, 0000 ROBERT E. O NEIL III, 0000 BRIAN A. SMOLEY, 0000 JOHN WYLAND, 0000 ROBERT J. O NEILL, 0000 FAWN R. SNOW, 0000 THOMAS D. YANCOSKIE, 0000 MATTHEW M. ORME, 0000 SUNG W. SONG, 0000 CATHERINE M. YATES, 0000 MARIO J. ORSINI, 0000 WILLIAM R. SORENSEN, II, 0000 MICHAEL R. YOCHELSON, 0000 LISA A. OSBORNE, 0000 CATHERINE E. SOUTH, 0000 HENRY X. YOUNG, 0000 LAURA E. OSTHAUS, 0000 MATTHEW W. SOUTHWICK, 0000 MARIA A. YOUNG, 0000 SHAUGN E. OSTROWSKI, 0000 JEFFREY L. SPERRING, 0000 SCOT A. YOUNGBLOOD, 0000 MICHAEL J. OTT, 0000 GREGORY R. SPURLING, 0000 YOUNG H. YU, 0000 RICHARD OTT, 0000 BRETT T. STADLER, 0000 BARBARA H. ZELIFF, 0000 WENDY K. OTTE, 0000 SARAH S. STADLER, 0000 BRACKEN M. A. ZEPEDA, 0000 TRENT L. OUTHOUSE, 0000 MARK A. STAUDACHER, 0000 ANTHONY E. ZERANGUE, 0000 KRISTEN A. OVERSTREET, 0000 JULIE B. STEELE, 0000 TIMOTHY P. PADELFORD, 0000 ALEXANDER E. STEWART, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH A. PAGE, 0000 CHRISTOPHER M. STILLE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY JACQUELINE R. PALAISA, 0000 ALEX D. STITES, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER D. PARKER, 0000 GEORGE A. STOEBER, 0000 To be lieutenant commander CHRISTOPHER L. PARMAN, 0000 CHARLES B. STONE, 0000 MENA N. PARRILLA, 0000 JEFFERY A. STONE, 0000 WILLIAM S. ABRAMS II, 0000 TIMOTHY D. PARTRIDGE, 0000 TIMOTHY D. STONE, 0000 JOHN C. ABSETZ, 0000 JAMES L. PATTERSON, III, 0000 WANDA J. STONE, 0000 SINTHI H. ACEY, 0000 PATRICK W. PAUL, 0000 JAMES A. STUDEBAKER, 0000 LYNN ACHESON, 0000 KERRY L. PEARSON, 0000 ROBERT A. STUDEBAKER, 0000 ROBERT A. ADAMCIK, 0000 EDWARD S. PEASE, 0000 ERIC S. STUMP, 0000 DARRYL C. ADAMS, 0000 JAMES PECOS, 0000 PATRICK M. STURM, 0000 DAVID A. ADAMS, 0000 RENARD PEEPLES, 0000 CALVIN B. SUFFRIDGE, 0000 GLENN C. AJERO, 0000 PHILIP J. PELIKAN, 0000 STACEY A. SULLIVAN, 0000 JOSEPH M. ALDRIDGE, 0000 PIERRE A. PELLETIER, 0000 GARRY M. SUMMER, 0000 ANTHONY J. ALLEMAN II, 0000 JAMES R. PELTIER, 0000 ALVIN L. SWAIN, JR., 0000 ERIC N. ALLEN, 0000 MARY E. PENA, 0000 DEBORAH M. SWEETMAN, 0000 GEORGE A. ALLMON, 0000 ORLANDO PEREZ, 0000 CHARLES D. SWIFT, 0000 CHRISTOPHER D. AMADEN, 0000 LEONARD F. PERUSKI, 0000 DANIEL E. SZUMLAS, 0000 MICHAEL R. AMIS, 0000 LYNN E. PETERSON, 0000 JANOS TALLER, 0000 ONOFRIO A. ANASTASIO, 0000 GINGER K. PETERSONMITCHELL, 0000 JOHN E. TALLMAN, 0000 ALFRED D. ANDERSON, 0000 SETH D. PHILLIPS, 0000 EDWARD L. TANNER, 0000 CLIFFORD A. ANDERSON, 0000 DAVID J. PICKEN, 0000 AARON M. TAYLOR, 0000 ERIC J. ANDERSON, 0000 PERRY J. PICKHARDT, 0000 EDWIN E. TAYLOR, 0000 JEFFREY T. ANDERSON, 0000 JAMES C. PIERCE, 0000 KIM M. TAYLOR, 0000 JONATHAN D. ANDERSON, 0000 STEVEN D. PIGMAN, 0000 RUBY M. TENNYSON, 0000 RANDALL E. ANDERSON, 0000 JONATHAN C. POPA, 0000 SANDOR R. TERNER, 0000 THOMAS J. ANDERSON, 0000 TIMOTHY J. POWER, 0000 DEBORAH M. TERRIS, 0000 WILLIAM S. ANDERSON, 0000 WILLIAM K. PREVO, 0000 MESFIN TESFAYE, 0000 KARL A. ANDINA, 0000 CURTIS PRICE, 0000 JEFFREY M. TESSIER, 0000 DARREN E. ANDING, 0000 BERNARD R. PROUTY, 0000 JOHN B. THERIAULT, 0000 MICHAEL J. ANGELOPOULOS, 0000 DAVID PRUETT, 0000 JOHN THOMAS, 0000 TODD E. ANGERHOFER, 0000 SCOTT J. PUSATERI, 0000 SCOTT F. THOMPSON, 0000 GEORGE A. APOLLONIO, 0000 EVELYN M. QUATTRONE, 0000 SHAWN L. THOMPSON, 0000 DAVID J. APPEZZATO, 0000 PAUL P. RABANAL, 0000 STEVEN H. THOMPSON, 0000 RICARDO ARIAS, 0000 GERALD P. RAIA, 0000 SUSAN M. THUL, 0000 ROBERT M. ARIS, 0000 CHERYL E. RAY, 0000 WILLIAM T. TIMBERLAKE, 0000 SCOTT M. ARMANDO, 0000 PRASHANT M. REDDY, 0000 SUZANNE J. TIMMER, 0000 ALAN D. ARMSTRONG, 0000 AMY L. REDMER, 0000 VU H. TINH, 0000 ERRIN P. ARMSTRONG, 0000 STEPHEN S. REDMOND, 0000 GLEN L. TODD, 0000 KEVIN F. ARNETT, 0000 DAVID P. REGIS, 0000 LUTHER K. TOWNSEND, JR., 0000 ROBERT C. ARNETT, 0000 CARYL S. REINSCH, 0000 GINA F. TROTTER, 0000 JESS W. ARRINGTON, 0000 MARK C. RESCHKE, 0000 SCOTT L. TRULOVE, 0000 STEPHEN E. ARRIOLA, 0000 DONALD R. RHODES, 0000 WILLIAM P. TURNER, 0000 CLINTON P. ASHBY, 0000 PAUL W. RICHTER, 0000 SUSAN R. TUSSEY, 0000 MARK G. ASTRELLA, 0000 NEAL P. RIDGE, 0000 EUGENE G. TUTKO, 0000 JOHN A. ATELA, 0000 REBECCA A. RIGNEY, 0000 SUSAN E. ULLOA, 0000 RICHARD B. AUGENSTEIN, 0000 WESLEY RIGOT, 0000 PHILIP S. VALENT, 0000 STEVEN J. AVERETT, 0000 RONALD R. RINGO, JR., 0000 STEVEN J. VANDENBOOGARD, 0000 JAMES B. BACA, 0000

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PAUL E. BACHMANN, 0000 JUDE T. BURKE, 0000 BRIAN T. DAU, 0000 TODD A. BAHLAU, 0000 WILLARD C. BURNEY, 0000 BRIAN L. DAVIES, 0000 PAUL J. BAHRS, 0000 QUENTIN W. BURNS, 0000 DALE L. DAVIS, 0000 SEAN R. BAILEY, 0000 STEVIE L. BURNS, 0000 GEORGE A. DAVIS III, 0000 EDWARD P. BALATON, 0000 PAUL S. BURROWES, 0000 JAMES A. DAVIS, 0000 DOUGLAS E. BALDWIN, 0000 KARLIS I. BURTON, 0000 JEFF A. DAVIS, 0000 STERLING D. BALDWIN, 0000 DANNY K. BUSCH, 0000 RICHARD J. DAVIS, 0000 MATTHEW H. BANKS, 0000 JACQUELINE R. BUTLER, 0000 SCOTT A. DAVIS, 0000 CARROLL W. BANNISTER, 0000 GEORGE J. BYFORD, 0000 STEPHEN P. DAVIS, 0000 STEPHEN E. BANTA, 0000 KEVIN A. BYRNE, 0000 THOMAS J. DAVIS, 0000 HARRY C. BARBER, 0000 CRISTAL B. CALER, 0000 STERLING W. DAWLEY, 0000 MICHAEL J. BARETELA, 0000 MICHAEL D. CALLAHAN, 0000 JOHN M. DAZIENS, 0000 CHRISTOPHER C. BARNETT, 0000 RICHARD O. CALLESEN, 0000 JOHN J. DEBELLIS, 0000 ROBERT S. BARON, 0000 DANA A. CALVIN, 0000 MICHAEL R. DEBENEDETTI, 0000 BRADY J. BARTOSH, 0000 JOHN R. CAMP, 0000 CHRISTOPHER D. DECLERCQ, 0000 RUTH A. BATES, 0000 HANNELORE CAMPBELL, 0000 MICHAEL P. DEGANUTTI, 0000 DAVID L. BAUDOIN, 0000 KENNETH B. CANETE, 0000 JAMES G. DEGRUCCIO, 0000 ROBERT A. BAUGHMAN, 0000 PAUL A. CANNON, 0000 ROSA C.N. DELA, 0000 JUDITH M. BAUMGARTNER, 0000 TEDDY D. CANTERBURY, 0000 ARTHUR M. DELACRUZ, 0000 CHRISTOPHER J. BAUMSTARK, 0000 EDWARD CARDEN, 0000 JOHN R. DELAERE, 0000 CHARLES E. BAXTER III, 0000 MICHAEL J. CARLAN, 0000 ERNESTO DELARIVAHERRERA, 0000 MICHAEL W. BAZE, 0000 IVAN G. CARLSON, 0000 GARY L. DELONG, 0000 CLIFFORD W. BEAN III, 0000 JAMES R. CARLSON II, 0000 JAMES R. DEMERS, 0000 WILLIAM E. BEARD, JR., 0000 HERBERT E. CARMEN, 0000 DAVID DEMILLE, 0000 CAROLYN M. BEATTY, 0000 JOHN L. CAROZZA, 0000 TRENT R. DEMOSS, 0000 DUANE A. BEAUDOIN, 0000 DOUGLAS W. CARPENTER, 0000 MICHAEL R. DERESPINIS, 0000 JAMES S. BEAUDRY, 0000 ALEXANDER E. CARR, 0000 FRED A. DEROSA, 0000 DOUGLAS J. BEAVER, 0000 MAURICE H. CARR, 0000 BRIAN K. DEVANY, 0000 RAUL BECERRA, 0000 MORRIS D. CARR, 0000 ELIZABETH L. DEVANY, 0000 PAUL A. BECKLEY, 0000 JON R. CARRIGLITTO, 0000 CHRISTOPHER R. DEWILDE, 0000 ROY G. BEJSOVEC, 0000 THOMAS W. CARROLL, 0000 ERIC T. DEWITT, 0000 JOHN T. BELL, 0000 DANIEL L. CARSCALLEN, 0000 MARY L. DIAZ, 0000 CHARLES T. BENFIELD, 0000 CHRISTOPHER J. CARTER, 0000 BRYAN J. DIDIER, 0000 CRAIG M. BENNETT, 0000 JASON W. CARTER, 0000 MARK DIETTER, 0000 RANDAL D. BENNETT, 0000 JAMES P. CARTWRIGHT II, 0000 JAMES C. DIFFELL, 0000 ROBERT C. BENNETT, 0000 ARTHUR D. CASTLEBERRY, 0000 ANTHONY R. DILL, 0000 HEIDI K BERG, 0000 JEFFREY V. CAULK, 0000 WILLIAM S. DILLON, 0000 DAVID A. BERMINGHAM, 0000 TIMOTHY A. CAUTHEN, 0000 ROBERT G. DILLOW JR., 0000 PETER M. BERNSTEIN, 0000 PATRICK J. CAVANAGH, 0000 JOSEPH W. DIVAR, 0000 ERIC R. BERNTSON, 0000 CHRISTIAN G. CENICEROS, 0000 BRETT A. DIXON, 0000 NICHOLAS C. BERRA, 0000 ALAN J. CHACE, 0000 JAMES R. DIXON, 0000 CHARLES S. BEST, 0000 ROBERT B. CHADWICK II, 0000 TRACY A. 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DRAKE JR., 0000 WILLIAM L. BLACKER, 0000 GREGORY CLAIBOURN, 0000 JOSEPH A. DRAKE, 0000 CARLA C. BLAIR, 0000 VINCENT T. CLARK, 0000 CRAIG W. DRESCHER, 0000 MARY D. BLANKENSHIP, 0000 JAMES P. CLINTON, 0000 MICHAEL J. DUFEK, 0000 STEPHEN R. BLASCH, 0000 MEGAN E. CLOSE, 0000 TIMOTHY W. DUFFY, 0000 KEVIN P. BLENKHORN, 0000 TODD J. CLOUTIER, 0000 CONRADO G. DUNGCA JR., 0000 MICHAEL H. BLUM, 0000 ROBERT E. CLUKEY III, 0000 CURTIS R. DUNN, 0000 DANIEL L. BLUMENSCHEIN, 0000 RICHARD J. COBB, 0000 DAVID L. DUNN, 0000 JAMES H. BOGUE, 0000 WILLIAM E. COBB, 0000 ROBERT C. DUNN, 0000 STEPHEN J. BOHN, 0000 PATRICK B. COCHRAN, 0000 ALAN R. DUNSTON, 0000 SAMUEL H. BOIT, 0000 WILLIAM F. CODY, 0000 PHILLIP E. DURBIN, 0000 JENNIFER A. BOLIN, 0000 MARK D. COFFMAN, 0000 THEODORE DUTCHER, 0000 CHRISTIAN M. BONAT, 0000 JEFFREY S. COLE, 0000 MARK DWINELLS, 0000 JOSEPH D. BOOGREN, 0000 KENNETH M. COLEMAN, 0000 KIMBERLY A. DYSON, 0000 MATTHEW I. BORBASH, 0000 GREGORY R. COLLINS, 0000 JAMES T.S. EARL, 0000 JEFFREY L. BOSCHERT, 0000 MICHAEL C. COLLINS, 0000 CLEVELAND O. EASON, 0000 JERRY R. BOSTER, 0000 MARK J. COLOMBO, 0000 MARC C. ECKARDT, 0000 GARY E. BOSTRON, 0000 STEPHEN J. COMSTOCK, 0000 WILLIAM B. ECKERDT, 0000 BARTON J. BOTT, 0000 ROBERT A. CONAWAY, 0000 REGINALD D. EDGE, 0000 CRAIG T. BOWDEN, 0000 LORELEI A. CONRAD, 0000 ALLEN L. EDMISTON, 0000 BRIAN E. BOWLES, 0000 WILLIAM T. CONWAY, 0000 JAMES K. EDWARDS, 0000 MARK E. BOYDELL, 0000 JAMES J. V. COOGAN, 0000 JEFFREY S. EINSEL, 0000 THOMAS A. BRADEN, 0000 ROBERT N. COOPER II, 0000 CHARLES H. ELLIS, 0000 ALAN R. BRADFORD, JR., 0000 STEVEN J. COOPER, 0000 MITZI A. ELLIS, 0000 CARL M. BRADLEY, 0000 BERNETTE A. CORBIN, 0000 WILLIAM J. ELLIS, 0000 DAVID R. BRADLEY, 0000 JAMES M. COREY, 0000 JOHN L. ENFIELD, 0000 FRANK M. BRADLEY, 0000 CHARLES W. CORIELL, 0000 CHRISTOPHER M. ENGDAHL, 0000 HOWARD S. BRANDON, 0000 JERRY D. CORNETT JR., 0000 SOTERO ENRIQUEZ, 0000 LISA C. BRAUN, 0000 CHERYL J. COTTON, 0000 SEAN H. ENSIGN, 0000 BOBBY J. BRAY, JR., 0000 SHANNON E. COULTER, 0000 DANIEL J. ENSMINGER, 0000 MARK D. BRAZELTON, 0000 DEBORAH W. COURTNEY, 0000 RANDAL L. ERICKSON, 0000 MICHAEL S. BREARLEY, 0000 WILLIAM D. COUSINS, 0000 CHRISTOPHER J. ERICSON, 0000 STEVEN A. BRICK, 0000 ERIC W. COVINGTON, 0000 MICHAEL L. ERNST, 0000 MICHAEL P. BRICKER, 0000 ANTHONY W. COX, 0000 ERIK E. ERWIN, 0000 JODY G. BRIDGES, 0000 AMY D. COXE, 0000 RICHARD J. ESSENMACHER, 0000 SCOTT H. BRIGHAM, 0000 KEVIN L. CRABBE, 0000 LANCE C. ESSWEIN, 0000 DANIEL A. BRITTON, 0000 CARL E. CRABTREE III, 0000 ANDREW C. EST, 0000 HILLARY A. BROOKS, 0000 LINDA E. CRAUGH, 0000 BETH A. EVANS, 0000 ROBERT L. BROOKSHIER, 0000 JAMES H. CRAWFORD, 0000 JOHN D. EVANS, 0000 RICHARD T. BROPHY, JR., 0000 JOHN S. CRAWMER, 0000 SPENCER L. EVANS, 0000 DARIN J. BROWN, 0000 ANTHONY R. CREED, 0000 JOHN C. EVARTS, 0000 DAVID B. BROWN, 0000 BETH A. CREIGHTON, 0000 HUGH P. EVERLY, 0000 ERIC BROWN, 0000 MICHAEL L. CRISS, 0000 DALE A. EYMANN, 0000 GLENN A. BROWN, JR., 0000 JESSIE D. CROCKETT, 0000 JOHN P. EZELLE, 0000 LEKEEN BROWN, 0000 JEFFREY R. CRONIN, 0000 CHRISTOPHER P. FAILLA, 0000 MICHAEL J. BROWN, 0000 JAMES E. CROSLEY, 0000 RANDALL S. FAIRMAN, 0000 SCOTT A. BROWN, 0000 GORDON A. CROSS, 0000 DILLARD H. FAMBRO, 0000 JOHN F. BROWNE III, 0000 JOSHUA A. CROWDER, 0000 JOHN W. FANCHER, 0000 LIAM M. BRUEN, 0000 ANDREW D. CROWE, 0000 ROBERT B. FARMER, 0000 CORY E. BRUMFIELD, 0000 JON D. CROWE, 0000 EDWARD D. FAY III, 0000 CLIFFORD D. BRUNER, 0000 PAUL R. CROWLEY, 0000 DANIEL J. FEE, 0000 MICHAEL O. BRUNNER, 0000 FRANK CRUMP III, 0000 MATTHEW J. FEEHAN, 0000 DANIEL H. BRYAN, 0000 CHRISTOPHER A. CRUZ, 0000 GLENN D. FELDHUHN, 0000 DAVID R. BUCHHOLZ, 0000 DARIN C. CURTIS, 0000 PATRICK W. FERINDEN, 0000 MARK C. BUCKMASTER, 0000 BARNEY B. DAILEY, 0000 EDUARDO R. FERNANDEZ, 0000 DANIEL K. BUCKON, 0000 PAUL C. DALLEMAGNE, 0000 DAVID FERREIRA, 0000 RAYMOND R. BUETTNER, 0000 JOE W. DALTON, 0000 RICHARD D. FEUSTEL, 0000 WILLIAM A. BULLARD III, 0000 KENNETH W. DALTON, 0000 DARRYL D. FIELDER, 0000 WARREN R. BULLER II, 0000 MARK J. DAMBRA, 0000 DAVID P. FIELDS, 0000 SCOTT A. BUNNAY, 0000 LESLIE A. DANIEL, 0000 PAUL A. FIELDS, 0000 DAVID BUONERBA, JR., 0000 JAMES H. DARENKAMP, 0000 RICHARD L. FIELDS JR., 0000 BARBARA A. BURFEIND, 0000 KERSAS J. DASTUR, 0000 WILLIAM E. FIERY, 0000

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BRETT E. FILLMORE, 0000 MICHAEL J. HARMAN, 0000 JEFFREY L. JOHNSON, 0000 JOSEPH F. FINN, 0000 CHRISTOPHER L. HARMER, 0000 JOEY J. JOHNSON, 0000 SHAREE E. FISH, 0000 M. K. HARPER, 0000 RONI S. JOHNSON, 0000 KENNETH O. FISHER, 0000 NICHOLAS P. HARRIGAN, 0000 SCOTT E. JOHNSON, 0000 MICHAEL A. FISHER, 0000 THOMAS V. HARRILL, 0000 SLATE L. JOHNSON, 0000 MICHAEL D. FISHER, 0000 DENNIS R. HARRINGTON, 0000 TED C. JOHNSON, 0000 DOUGLAS J. FITZGERALD, 0000 KEITH G. HARRIS, 0000 THOMAS E JOHNSON, 0000 ERIC L. FITZPATRICK, 0000 ROBERT B. HARRIS, 0000 TROY M. JOHNSON, 0000 SEAN M. FITZPATRICK, 0000 SAMUEL W. HARRIS, 0000 JAMES M. JOLLY, 0000 SHAWN D. FITZPATRICK, 0000 STEVEN M. HARRISON, 0000 CHARLES D. JONES, 0000 TIMOTHY F. FITZPATRICK, 0000 TIMOTHY L. HARRISON, 0000 CRAIG A. JONES, 0000 WILLIAM J. FLAGGE, 0000 ANTON J. HARTMAN, 0000 HAROLD W. JONES JR., 0000 PETER G. FLECK, 0000 FREDERICK B. HARTZELL, 0000 JUSTIN A. JONES, 0000 QUINCY A. FLEMING, 0000 JAMES D. HARVEY, 0000 STEPHEN P. JONES, 0000 DOMINIC A. FLIS, 0000 LAURA R. HATCHER, 0000 WILLIAM JONES, 0000 ROGER D. FLODIN II, 0000 RICHARD W. HAUPT, 0000 KARL J. JORDAN, 0000 REUBEN M. FLOYD, 0000 DAVID J. HAUTH, 0000 JASON T. JORGENSEN, 0000 JOHN M. FLYNN III, 0000 ANITA M. HAWKINS, 0000 CHAD M. JUNGBLUTH, 0000 DAVID R. FOSTER, 0000 JAMES D. HAWKINS, 0000 ROBERT E. KALIN JR., 0000 JOHN B. FOY, 0000 NATHAN J. HAWKINS, 0000 TIMOTHY E. KALLEY, 0000 TIMOTHY M. FRANCIS, 0000 RICHARD F. HAYES, 0000 JAMES K. KALOWSKY, 0000 COREY B. FRANKLIN, 0000 DEMETRIUS J. HAYNIE, 0000 KEITH W. KANE, 0000 ERIK L. FRANZEN, 0000 EDWARD G. HAZLETT, 0000 JOHN J. KAPP III, 0000 WILLIAM G. FREDERICK, 0000 RAYMOND D. HEAD, 0000 ANTHONY S. KAPUSCHANSKY, 0000 JOHN P. FREDERIKSEN, 0000 CHRISTOPHER H. HEANEY, 0000 THOMAS C. KARNEY, 0000 WILLIAM G. FREEHAFER, 0000 RODNEY HEARNS, 0000 MICHAEL I. KATAHARA, 0000 JOHN D. FREEMAN, 0000 DAVID A. HEATHORN, 0000 DANIEL C. KAUFFMAN, 0000 THOMAS L. FRERICHS, 0000 LEE A. HEATON, 0000 TIMOTHY R. 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GUILLORY, 0000 JANET L. JACKSON, 0000 PAUL M. LENTS, 0000 MARK A. GUILLORY JR., 0000 MARION W. D. JACOBS, 0000 BRIAN M. LEPINE, 0000 DAVID K. GULUZIAN, 0000 CHRISTOPHER J. JACOBSEN, 0000 ANTHONY J. LESPERANCE, 0000 SCOTT C. GUSTAFSON, 0000 KRISTIN E. JACOBSEN, 0000 BRYAN J. LETHCOE, 0000 JASON R. HAEN, 0000 ROBERT C. JAGUSCH, 0000 JOHN J. LEWIN, 0000 GILBERT L. HAGEMAN, 0000 GLENN R. JAMISON, 0000 OLIVER T. LEWIS, 0000 RICHARD S. HAGER, 0000 JOSEPH H. JAMISON JR., 0000 CURTIS R. LEYSHON, 0000 CHRISTOPHER D. HAGOOD, 0000 CHRIS D. JANKE, 0000 SEAN R. LIEDMAN, 0000 DANIEL A. HAIGHT JR., 0000 JEFFREY T. JATCZAK, 0000 ANNA LIM, 0000 WILLIAM S. HALL JR., 0000 THOMAS E. JEAN, 0000 DAVID M. LINCH, 0000 MATTHEW N. HAMMOND, 0000 DANNY J. JENSEN, 0000 WILLIAM A. LIND, 0000 THOMAS A. HAMRICK, 0000 PAUL C. JENSEN, 0000 ROBERT F. LINDLEY III, 0000 SAM R. HANCOCK JR., 0000 AARON L. JOHNSON, 0000 WILLIAM A. LINTZ, 0000 PATRICK J. HANNIFIN, 0000 ALFRED D. JOHNSON, 0000 DARIN M. LISTON, 0000 CAM R. HANSEN, 0000 ANDREW D. JOHNSON, 0000 DAVID P. LITTLE, 0000 SCOTT A. HANSON, 0000 BRIAN L. JOHNSON, 0000 JEFFREY B. LITTLE, 0000 PHILLIP W. HARDEN, 0000 CHARLES A. JOHNSON, 0000 JOHN A. LOBUONO, 0000 SEAN O. HARDING, 0000 DERRICK S. JOHNSON, 0000 JOSEPH W. LOCKWOOD, 0000 MARTIN H. HARDY, 0000 JAMIE L. JOHNSON, 0000 MICHAEL R. LOCKWOOD, 0000

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JAMES C. LOGSDON, 0000 DENNIS W. MITCHELL, 0000 ERIC W. PATCHES, 0000 KENNETH R. LOKER, 0000 LACY K. MITCHELL, 0000 GARY J. PATENAUDE, 0000 ERIC L. LONBORG, 0000 TODD J. MITCHELL, 0000 OSCAR J. PATINO, 0000 BRYAN S. LOPEZ, 0000 KYLE Y. MITSUMORI, 0000 JOHN J. PATTERSON VI, 0000 JASON K. LOPEZ, 0000 WILLIAM R. MITTS, 0000 LARRY O. PAUL, 0000 VICTOR J. LOSCHINKOHL, 0000 KRISTINE M. MODLISH, 0000 ROBERT E. PAULEY, 0000 DAVID A. LOTT, 0000 DAVID S. MOENTER, 0000 MICHAEL H. PAWLOWSKI, 0000 ADRIAN R. LOZANO, 0000 GEOFFREY C. MONES, 0000 ANDREW R. PAYNE, 0000 STEVEN M. LUBBERSTEDT, 0000 TROY E. MONG, 0000 JOHN C. PAYNE JR., 0000 CORD H. LUBY, 0000 VAUGHN V. MONROE, 0000 KEITH L. PAYNE, 0000 JEFFREY N. LUCAS, 0000 DAVID P. MONTAGUE, 0000 CLIFF P. PEARCE, 0000 MARXIMILLIAN J. LUCAS, 0000 DANIEL W. MONTGOMERY, 0000 JEFFREY S. PEARSON, 0000 MICHELLE E. LUCERO, 0000 KEVIN S. MOONEY, 0000 RANDALL W. PECK, 0000 BRIAN L. LUKE, 0000 BILLY W. MOORE, 0000 MIGUEL L. PEKO, 0000 JOHN J. LUND, 0000 JONATHAN E. MOORE, 0000 STEPHEN G. PEPPLER, 0000 MINH T. LY, 0000 LINDA K. MOORE, 0000 KAREN L. PEREZ, 0000 MATTHEW V. LYDICK, 0000 THERESE C. MOORE, 0000 DANA W. PERKINS, 0000 MICHAEL P. LYNCH, 0000 ANGELA MORALES, 0000 DAVID A. PERRIZO, 0000 ROBERT J. LYNCH, 0000 MICHAEL P. MORAN, 0000 CHRISTIAN T. PERRY, 0000 ROBERT W. LYONNAIS, 0000 SEAN D. MORDHORST, 0000 MARK C. PERSUTTI, 0000 STEPHEN A. MACAULAY, 0000 DONALD R. MORDUS, 0000 WILLIAM B. PETERS, 0000 DAVID J. MACDONALD, 0000 JAMES A. MORETZ, 0000 DAVID L. PETERSON, 0000 MICHAEL F. MACDONALD, 0000 JEROME T. MORICK, 0000 DAVID T. PETERSON, 0000 DEREK L. MACINNIS, 0000 CHRISTOPHER A. MORIN, 0000 ERIC V. PETERSON, 0000 GERALD W. MACKAMAN, 0000 CRAIG A. MORINGIELLO, 0000 KEITH A. PETERSON, 0000 ALEXANDER R. MACKENZIE, 0000 DANIEL B. MORIO, 0000 ROBERT S. PETERSON, 0000 WILLIAM C. MACKIN, 0000 LANCE R. MORITZ, 0000 EFFIE R. PETRIE, 0000 LYNN T. MACKOVICK, 0000 GARRON S. MORRIS, 0000 STEVEN PETROFF, 0000 PATRICK E. 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MC IRVIN, 0000 MICHAEL G. OBRIST, 0000 VINCENT P. RECKER, 0000 STEPHEN D. MC KONE, 0000 KEVIN J. O CONNOR, 0000 TIMOTHY C. RECKERS, 0000 BRENDAN R. MC LANE, 0000 KEVIN M. O CONNOR, 0000 LOWELL P. REDD, 0000 PATRICK S. MC LAY, 0000 WILLIAM S. O CONNOR, 0000 BRIAN W. REED, 0000 BERNARD F. MC MAHON, 0000 MICHAEL J. O DOCHARTY, 0000 CAESAR S. REGALA, 0000 BRENT R. MC MURRY, 0000 MARK H. OESTERREICH, 0000 AMELIA M. REGUERA, 0000 WILLIAM B. MC NEAL, 0000 DOUGLAS B. OGLESBY, 0000 JOSEPH G. REHAK, 0000 CHRISTOPHER L. MC NEARNEY, 0000 KENT S. OGLESBY, 0000 FERDINAND A. REID, 0000 CLYDE D. MEADE, 0000 RAYMOND E. OHARE, 0000 DREW J. REINER, 0000 RICHARD J. MEADOWS, 0000 PAUL S. OLIN, 0000 PAUL M. REINHART, 0000 WALTER L. MEARES, 0000 JACK P. OLIVE, 0000 SCOTT J. REINHOLD, 0000 ALBERT R. MEDFORD, 0000 SANDRA D. OLIVER, 0000 LUIS E. REINOSO, 0000 ROBERT S. MEHAL, 0000 WILLIAM W. OLMSTEAD, 0000 DAVID F. REISCHE, 0000 TERRY W. MEIER, 0000 DANIEL F. OLSON, 0000 MICHAEL J. L. RENO, 0000 SEAN P. MEMMEN, 0000 JOSEPH R. OLSON, 0000 JEFFREY D. RENWICK, 0000 FERNANDO MERCADO, 0000 MATTHEW F. OLSON, 0000 CHARLES R. REUER, 0000 DAVID J. MERON, 0000 JULIE J. ONEAL, 0000 JOHN W. REXRODE, 0000 SCOTT A. MERRITT, 0000 ALBERT G. ONLEY JR., 0000 TIMOTHY A. REXRODE, 0000 MICHAEL G. METZGER, 0000 JUAN J. OROZCO, 0000 FARLEY K. REYNOLDS, 0000 NORMAN A. METZGER, 0000 ROBERTO S. ORTIZ, 0000 ROBERT T. REZENDES, 0000 CARL W. MEUSER, 0000 ROBERT R. OSTERHOUDT, 0000 EVERETT G. S. RHOADES, 0000 DANIEL R. MEYER, 0000 STEVEN D. OSTOIN, 0000 WISTAR L. RHODES, 0000 PAUL D. MICOU, 0000 ERIC E. OTTEN, 0000 JERRY L. RICE JR., 0000 HUGH L. MIDDLETON, 0000 MATTHEW D. OVIOS, 0000 GARY J. RICHARD, 0000 JAMES R. MIDKIFF, 0000 RICHARD J. PAFFRATH, 0000 JAMES F. RICHARDS, 0000 ARTHUR F. MILLER, 0000 MAUREEN PALMERINO, 0000 JOEL B. RICHARDS, 0000 EDWARD C. MILLER, 0000 ENRIQUE N. PANLILIO, 0000 GREGORY J. RIDOLFI, 0000 MICHAEL L. MILLER, 0000 BRIAN K. PARKER, 0000 DANNY M. RIEKEN, 0000 BRYAN L. MILLS, 0000 ELTON C. PARKER III, 0000 JENNIFER C. RIGDON, 0000 CHRISTOPHER M. MILLS, 0000 MICHAEL B. PARKER, 0000 MICHAEL J. RIGO, 0000 JAMES H. MILLS, 0000 SEAN E. PARKER, 0000 MICHAEL B. RILEY, 0000 JAMES D. MINYARD, 0000 SUZANNE N. PARKER, 0000 MARY J. RIMMEL, 0000 GERALD N. MIRANDA JR., 0000 CLAIRE M. PARSONS, 0000 RICHARD W. RING, 0000 KEVIN K. MISSEL, 0000 PHILIP A. PASCOE, 0000 GILBERT D. RIVERA JR., 0000

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DANIEL J. ROBERTS, 0000 TRAVIS R. SMITH, 0000 PETER C. VANKUREN, 0000 DANIEL G. ROBERTSON, 0000 ANGELO R. L. SMITHA, 0000 LOUIS VANLEER, 0000 WILLIAM J. ROBINETTE III, 0000 RICHARD E. SMOAK, 0000 MARK D. VANWINKLE, 0000 KEVIN M. ROBINSON, 0000 SCOTT R. SNOW, 0000 EFREM P. VENTERS, 0000 JAMES D. ROCHA, 0000 AUDREY M. SNYDER, 0000 ERIC H. VERHAGE, 0000 JOSE J. RODRIGUEZ, 0000 PHILIP E. SOBECK, 0000 KARIN A. VERNAZZA, 0000 ROLAND C. ROEDER, 0000 JOHN C. SOMA, 0000 JOHN W. VERNIEST, 0000 GARY A. ROGENESS, 0000 JENSIN W. SOMMER, 0000 DAVID M. VIGER, 0000 WALTER E. ROGERS II, 0000 WILLIAM L. SOMMER, 0000 BRYAN K. VINCENT, 0000 JAMES S. ROSE, 0000 BRIAN K. SORENSON, 0000 ROY J. VIRDEN, 0000 MATTHEW D. ROSENBLOOM, 0000 ROBERT V. SORUKAS, 0000 JOHN J. VITALICH, 0000 MATTHEW A. ROSS, 0000 GREGORY A. SPANGLER, 0000 CARLA L. VIVAR, 0000 RICHARD H. ROSS, 0000 LESLIE L. SPANHEIMER, 0000 ANTHONY S. VIVONA, 0000 VICTOR B. ROSS III, 0000 DAVID W. SPANKA, 0000 JOHN VLATTAS, 0000 CHRISTOPHER L. ROSSING, 0000 TIMOTHY F. SPARKS, 0000 JOHN B. VLIET, 0000 MICHAEL J. ROTH, 0000 TIMOTHY G. SPARKS, 0000 STEPHEN J. VOGEL JR., 0000 JAMES H. ROWLAND III, 0000 JOHN D. SPENCER, 0000 JAMES M. VOGT, 0000 THOMAS M. ROWLEY, 0000 ERIK A. SPITZER, 0000 DARRELL G. RUBY, 0000 JOHN W. SPRAGUE, 0000 JASON A. VOGT, 0000 PAUL RUCHLIN, 0000 ERNEST B. STACY, 0000 JOHN J. VOURLIOTIS, 0000 VALERIE E. RUD, 0000 DEAN A. STAPLETON, 0000 TIMOTHY P. WACHENDORFER, 0000 MARK B. RUDESILL, 0000 TAD F. STAPLETON, 0000 ARTHUR R. WAGNER, 0000 KEITH L. RUEGGER, 0000 DANIEL D. STARK, 0000 RUSSELL H. WAGNER, 0000 JOHN M. RUHSENBERGER, 0000 JACK A. STARR, 0000 TONYA H. WAKEFIELD, 0000 STEPHEN J. RUSCHEINSKI, 0000 TIMOTHY S. STEADMAN, 0000 FRANK G. WAKEHAM, 0000 MICHAEL S. RUTH, 0000 RANDY C. STEARNS, 0000 DAVID A. WALCH, 0000 LOUIS F. RUTLEDGE, 0000 FRANK R. STEINBACH, 0000 WILLIE A. WALDEN, 0000 JAMES B. RYAN, 0000 JAN S. STEINWINDER, 0000 DARRYL L. WALKER, 0000 PETER J. RYAN JR., 0000 ROBERT T. STENGEL, 0000 JOANN L. WALKER, 0000 ROMELDA C. SADIARIN, 0000 MICHAEL S. STEPHENS, 0000 RICHARD S. WALKER, 0000 DANELLE T. SADOSKI, 0000 ROBERT E. STEPHENSON, 0000 ROBERT G. WALKER, 0000 BENJAMIN C. SALAZAR, 0000 STEVEN STEPURA, 0000 SEAN S. WALL, 0000 KEITH M. SALISBURY, 0000 MATTHEW P. STEVENS, 0000 BRUCE J. WALLACE, 0000 EDWARD J. SALLEE, 0000 RICHARD D. STEVENS, 0000 WILLIAM C. WALSH, 0000 DAVID W. SAMARA, 0000 MATTHEW P. STEVENSON, 0000 WILLIAM S. WALSH, 0000 DANIEL J. SANDER, 0000 ANDREW D. STEWART, 0000 ALLAN R. WALTERS, 0000 WILLIAM M. SANDS, 0000 DIANE K. STEWART, 0000 HOWARD WANAMAKER, 0000 LYNN T. SANFORD, 0000 SANDRA D. L. STEWART, 0000 KENNY WANG, 0000 GERALDA T. SARGENT, 0000 DAVID L. STOKES, 0000 JEAN M. WARBURTON, 0000 STUART C. SATTERWHITE, 0000 ROBERT J. STOWE, 0000 BRUCE G. WARD, 0000 PAUL A. SAUER, 0000 DOMINICK J. STRADA, 0000 HARRY J. WARD, 0000 MICHAEL K. SAVAGEAUX, 0000 DOUGLAS G. STRAIN, 0000 RODNEY C. WARD, 0000 MATTHEW P. SCHAEFER, 0000 VERONIQUE L. STREETER, 0000 JOHN R. WARGI, 0000 MICHAEL D. SCHAEFFER, 0000 JACK W. STRICKLAND, 0000 CARDEN F. WARNER, 0000 DAVID A. SCHALM, 0000 STEVEN R. STROBERGER, 0000 JAMES C. WASHINGTON, 0000 JEFFREY S. SCHEIDT, 0000 LORETTA L. STROTH, 0000 JOHN A. WATKINS, 0000 RICHARD J. SCHGALLIS, 0000 CHARLES M. STUART, 0000 CAROL E. WATTS, 0000 WILLIAM T. SCHILD, 0000 CHRISTOPHER P. STUART, 0000 MELISSA D. WATTS, 0000 WALLACE E. SCHLAUDER, 0000 KURT F. STUDT, 0000 DANIEL W. WAY, 0000 MARK J. SCHMITT, 0000 JOHN F. STUHLFIRE, 0000 TIMOTHY S. WEBER, 0000 CHRISTOPHER S. SCHNABEL, 0000 JOHN A. SUAZO, 0000 JULIE R. WELCH, 0000 ROBERT G. SCHNABEL, 0000 JUNG Y. SUH, 0000 DAVID L. WENDER, 0000 DAVID C. SCHNEEBERGER, 0000 SCOTT P. SULA, 0000 DAMON L. WENGER, 0000 ROBERT D. SCHNEIDER, 0000 MARK E. SULLIVAN, 0000 ANDREW N. WESTERKOM, 0000 JULIE A. SCHROEDER, 0000 MARK S. SUMILE, 0000 TOM P. WESTON, 0000 THEODORE H. SCHROEDER, 0000 RAY A. SWANSON, 0000 EDWARD C. WHITE III, 0000 DONALD A. SCHUESSLER, 0000 TIMOTHY B. SWAYNE, 0000 JANNELL G. SCHULTE, 0000 MARK C. SWEDENBORG, 0000 JAMES C. WHITE, 0000 SCOT A. SCHULTE, 0000 CHRISTOPHER J. SWEENEY, 0000 JOHN J. WHITE, 0000 KIMBERLY J. SCHULZ, 0000 JOHN J. SZATKOWSKI, 0000 RONALD L. WHITE JR., 0000 MICHAEL A. SCHUMANN, 0000 JESSICA A. SZEMKOW, 0000 SHAWN E. WHITE, 0000 MARC C. SCHWEIGHOFER, 0000 LARA E. TANAKA, 0000 THOMAS R. WHITE, 0000 JOHN P. SCUDI, 0000 RANDY S. TANNER, 0000 TRACY D. WHITELEY, 0000 SHANNON E. SEAY, 0000 SHARON L. TATE, 0000 MARTIN L. WHITFIELD, 0000 VINCENT W. SEGARS, 0000 ANDREW M. TAYLOR, 0000 DOUGLAS B. WHITNEY, 0000 GERROD G. SEIFERT, 0000 JULIUS M. TAYLOR III, 0000 RICHARD A. WILEY, 0000 GARY R. SEITZ, 0000 RUBYMICHELE TAYLORGAY, 0000 ALEXANDER M. WILHELM, 0000 CHARLES L. SELLERS, 0000 THOMAS W. TEDESSO, 0000 PAUL F. WILLEY, 0000 DANIEL J. SENESKY, 0000 STEPHEN R. TEDFORD, 0000 CHARLESWORTH C. WILLIAMS, 0000 DEBORAH R. SENN, 0000 JEANIE M. TERRY, 0000 DAVID L. WILLIAMS, 0000 NICOLE M. SENNER, 0000 JACK S. THOMAS, 0000 GLENN D. WILLIAMS, 0000 MARK F. SHAFFER, 0000 JON D. THOMAS, 0000 KEITH E. WILLIAMS, 0000 JULIE H. SHANK, 0000 LORAN D. THOMAS, 0000 ROBERT K. WILLIAMS, 0000 KELLOG C. SHARP, 0000 DARRON D. THOMPSON, 0000 ROBERT R. WILLIAMS IV, 0000 LONNIE J. SHARP, 0000 DOUGLAS R. THOMPSON, 0000 ROBERT W. WILLIAMS, 0000 DANIEL M. SHAW, 0000 FORREST G. THOMPSON JR., 0000 SEAN L. WILLIAMS, 0000 GREGORY M. SHEAHAN, 0000 GEORGE A. THOMPSON III, 0000 THOMAS L. WILLIAMS, 0000 WILLIAM H. SHEEHAN, 0000 GEORGE N. THOMPSON, 0000 CHRISTOPHER L. WILLIAMSON, 0000 JEFFREY L. SHEETS, 0000 MARVIN E. THOMPSON, 0000 JOHN D. WILSHUSEN, 0000 DANIEL M. SHELLEY, 0000 MARY L. THOMPSON, 0000 CHRISTOPHER T. J. WILSON, 0000 DENNIS P. SHELTON, 0000 ROLLINS G. THOMPSON JR., 0000 GORDON S. WILSON, 0000 SCOTT J. SHEPARD, 0000 TERESA A. TIERNEY, 0000 KEVIN R. WILSON, 0000 SCOTT C. SHERMAN, 0000 NORMAN M. TOBLER II, 0000 LAWRENCE R. WILSON, 0000 JUSTIN M. SHINEMAN, 0000 KAI O. TORKELSON, 0000 MICHAEL J. WILSON, 0000 PETER S. SHIRLEY, 0000 MARC E. TOUCHTON, 0000 SCOT M. WILSON, 0000 JONATHAN B. SHOEMAKER, 0000 JOHN M. TRACEY, 0000 NILS E. WIRSTROM, 0000 JOHN D. SHORTER, 0000 CHRISTOPHER C. TRAGNA, 0000 CHRISTOPHER S. WIRTH, 0000 DONALD C. SHORTRIDGE, 0000 QUOC B. TRAN, 0000 FRANCES K. WITT, 0000 KEVIN R. SIDENSTRICKER, 0000 BRIAN P. TRAVERS, 0000 ROBERT W. WITZLEB, 0000 DAVID M. SIEROTA, 0000 FREDERICK J. TRAYERS III, 0000 TODD C. WOBIG, 0000 CHARLES R. SIKES JR., 0000 BRIAN A. TREAT, 0000 ERIC P. WOELPER, 0000 FRANCISCO H. SILEBI, 0000 DANIEL T. TREM, 0000 JEFFREY C. WOERTZ, 0000 JEFFREY M. SILVAS, 0000 DENIS G. TRI, 0000 JOHN W. WOOD, 0000 ANTHONY L. SIMMONS, 0000 STEPHEN J. TRIPP, 0000 DEAN M. WOODARD, 0000 MELVIN J. SIMON JR., 0000 CHRISTOPHER J. TRIPPEL, 0000 JOSEPH E. WOODFORD, 0000 JEFFREY W. SINCLAIR, 0000 ROSS C. TROIKE, 0000 ANTHONY R. WOODLEY, 0000 JAMES F. SKARBEK III, 0000 BRIAN N. TROTTER, 0000 WILLIAM O. WOODWARD, 0000 DANIEL T. SKARDA, 0000 ANTHONY W. TROXELL, 0000 GREGORY K. WORLEY, 0000 PETER W. SKELTON, 0000 LISA M. TRUESDALE, 0000 TIMOTHY R. WORTHY, 0000 DAVID W. SKIPWORTH, 0000 CAROL M. TRUJILLO, 0000 KEITH F. WOZNIAK, 0000 CHARLES P. SKODA, 0000 DANNY E. TURNER, 0000 ANTHONY W. WRIGHT, 0000 CHARLES L. SLOAN, 0000 FREDERICK W. TURNER, 0000 RUSSELL A. WRIGHT, 0000 KEITH A. SLOAN, 0000 ROBERT J. TURNER, 0000 WILLIAM D. WRIGHT, 0000 BRENT W. SMITH, 0000 TYLER R. TURVOLD, 0000 FRANK E. WUCO, 0000 CHARLES S. SMITH, 0000 CRAIG W. TWIGG, 0000 WILLIAM S. YATES, 0000 CHRISTOPHER E. SMITH, 0000 PETER H. TYSON, 0000 PAUL A. YETMAR, 0000 COURTNEY B. SMITH, 0000 JEFFREY W. UHDE, 0000 MICHAEL R. YOHNKE, 0000 DAVID P. SMITH, 0000 CYNTHIA A. UTTERBACK, 0000 GERALD N. YOUNG, 0000 DONALD A. SMITH, 0000 XAVIER F. VALVERDE, 0000 PETER A. YOUNG, 0000 ERIC L. SMITH, 0000 KENNETH R. VANBUREN, 0000 STEPHEN G. YOUNG, 0000 JAMES R. SMITH, 0000 DARRELL G. VANCE, 0000 GREGORY J. ZACHARSKI, 0000 JOHNNYE L. SMITH, 0000 SCOTT M. VANDENBERG, 0000 CHRISTOPHER J. ZALLER, 0000 MARCIA J. SMITH, 0000 THOMAS D. VANDERMOLEN, 0000 ELIZABETH F. ZARDESKASASHBY, 0000 MATTHEW G. SMITH, 0000 RICHARD A. VANDEROSTYNE, 0000 CHRISTOPHER J. ZAYATZ, 0000 RALPH R. SMITH III, 0000 MATTHEW R. VANDERSLUIS, 0000 SCOTT A. ZELLEM, 0000 SCOTT M. SMITH, 0000 SCOTT P. VANFLEET, 0000 JOHN J. ZERR II, 0000 STEPHEN H. SMITH, 0000 JOHN L. VANKAMPEN, 0000 MICHAEL ZIV, 0000

VerDate Mar 15 2010 23:16 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 9801 E:\2000SENATE\S12SE0.REC S12SE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY Tuesday, September 12, 2000 Daily Digest Senate certify to Congress that the People’s Republic of Chamber Action China is in compliance with certain Memoranda of Routine Proceedings, pages S8353–S8438 Understanding regarding prohibition on import and Measures Introduced: Fourteen bills and three res- export of prison labor products. olutions were introduced, as follows: S. 3026–3039, Pages S8353±54, S8360±66 and S. Res. 353–355. Pages S8412±13 By 32 yeas to 63 nays (Vote No. 239), Helms/ Wellstone Amendment No. 4125, to require the Measures Reported: President certify to Congress that the People’s Re- S. 1066, to amend the National Agricultural Re- public of China has taken certain actions with re- search, Extension, and Teaching Policy Act of 1977 spect to ensuring human rights protection. to encourage the use of and research into agricultural Pages S8369±70, S8375±82 best practices to improve the environment, with an Pending: amendment in the nature of a substitute. (S. Rept. Wellstone Amendment No. 4118, to require that No. 106–407) the President certify to Congress that the People’s S. 1762, to amend the Watershed Protection and Republic of China has taken certain actions with re- Flood Prevention Act to authorize the Secretary of spect to ensuring human rights protection. Agriculture to provide cost share assistance for the Page S8353 rehabilitation of structural measures constructed as Wellstone Amendment No. 4120, to require that part of water resources projects previously funded by the President certify to Congress that the People’s the Secretary under such Act or related laws. (S. Republic of China has responded to inquiries regard- Rept. No. 106–408) ing certain people who have been detained or im- Measures Passed: prisoned and has made substantial progress in releas- Committee Membership Appointments: Senate ing from prison people incarcerated for organizing independent trade unions. Page S8354 agreed to S. Res. 354, providing for certain appoint- Wellstone Amendment No. 4121, to strengthen ments to the Agriculture, Nutrition and Forestry the rights of workers to associate, organize and Committee, the Committee on Banking, Housing, strike. Page S8354 and Urban Affairs, the Committee on Finance, the Smith (of N.H.) Amendment No. 4129, to re- Committee on Small Business, and the Committee quire that the Congressional-Executive Commission on Veterans’ Affairs. Pages S8425±26 monitor the cooperation of the People’s Republic of PNTR (Permanent Normal Trade Relations) for China with respect to POW/MIA issues, improve- China: Senate continued consideration of H.R. 4444, ment in the areas of forced abortions, slave labor, to authorize extension of nondiscriminatory treat- and organ harvesting. Page S8354 ment (normal trade relations treatment) to the Peo- Byrd Amendment No. 4131, to improve the cer- ple’s Republic of China, and to establish a frame- tainty of the implementation of import relief in cases work for relations between the United States and the of affirmative determinations by the International People’s Republic of China, taking action on the fol- Trade Commission with respect to market disruption lowing amendments proposed thereto: to domestic producers of like or directly competitive Pages S8353±57, S8360±70, S8375±S8406 products. Pages S8354, S8382±84 Rejected: Thompson Amendment No. 4132, to provide for Byrd Amendment No. 4117, to require disclosure the application of certain measures to covered coun- by the People’s Republic of China of certain infor- tries in response to the contribution to the design, mation relating to future compliance with World production, development, or acquisition of nuclear, Trade Organization subsidy obligations. Page S8354 chemical, or biological weapons or ballistic or cruise By 29 yeas to 68 nays (Vote No. 238), Wellstone missiles. Amendment No. 4119, to require that the President Pages S8354±57, S8366±69, S8384±96, S8399±S8406 D890

VerDate 11-MAY-2000 06:56 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D12SE0.REC pfrm04 PsN: D12SE0 September 12, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D891

Hollings Amendment No. 4134, to direct the Se- Routine lists in the Air Force, Army, Coast curities and Exchange Commission to require cor- Guard, Navy. Pages S8426±38 porations to disclose foreign investment-related in- Messages From the House: Page S8411 formation in 10–K reports. Pages S8396±98 Hollings Amendment No. 4135, to authorize and Communications: Pages S8411±12 request the President to report to the Congress an- Statements on Introduced Bills: Pages S8413±21 nually beginning in January, 2001, on the balance Additional Cosponsors: Pages S8421±22 of trade with China for cereals (wheat, corn, and rice) and soybeans, and to direct the President to Amendments Submitted: Page S8424 eliminate any deficit. Pages S8396±98 Notices of Hearings: Page S8425 Hollings Amendment No. 4136, to authorize and Authority for Committees: Page S8425 request the President to report to the Congress an- Additional Statements: Pages S8410±11 nually, beginning in January, 2001, on the balance of trade with China for advanced technology prod- Privileges of the Floor: Page S8425 ucts, and direct the President to eliminate any def- Record Votes: Two record votes were taken today. icit. Pages S8396±98 (Total—239) Pages S8366, S8381 Hollings Amendment No. 4137, to condition eli- Adjournment: Senate convened at 9:31 a.m., and gibility for risk insurance provided by the Export- adjourned at 8:28 p.m., until 9:30 a.m., on Wednes- Import Bank or the Overseas Private Investment day, September 13, 2000. (For Senate’s program, see Corporation on certain certifications. Pages S8396±98 the remarks of the Acting Majority Leader in today’s A unanimous-consent-time agreement was reached Record on page S8426.) providing for consideration of certain amendments on Wednesday, September 13, 2000, with votes on Byrd Amendment No. 4131 and division 6 of Smith Committee Meetings (N.H.) No. 4129 to occur at 11 a.m. Page S8406 (Committees not listed did not meet) Removal of Injunction of Secrecy: The injunction USDA’S PROCESSING OF COMPLAINTS OF of secrecy was removed from the following treaties: DISCRIMINATION Protocol Amending Investment Treaty with Pan- ama (Treaty Doc. No. 106–46); and Committee on Agriculture, Nutrition, and Forestry: Com- Investment Treaty with Azerbaijan (Treaty Doc. mittee concluded hearings to examine the Depart- No. 106–47). ment of Agriculture’s processing of civil rights com- The treaties were transmitted to the Senate today, plaints, and recommendations to improve the effi- considered as having been read for the first time, and ciency of the process, after receiving testimony from referred, with accompanying papers, to the Com- Roger C. Viadero, Inspector General, Paul W. mittee on Foreign Relations and was ordered to be Fiddick, Assistant Secretary for Administration, and Charles R. Rawls, General Counsel, all of the De- printed. Page S8426 partment of Agriculture; Robert E. Robertson, Asso- Appointments: ciate Director, Food and Agriculture Issues, Re- Mexico-U.S. Interparliamentary Union: The sources, Community, and Economic Development Chair, on behalf of the Vice President, pursuant to Division, General Accounting Office; John W. Boyd, 22 U.S.C. 276h–276k, as amended, appointed Sen- Jr., National Black Farmers Association, Baskerville, ator Hutchison as Chair of the Senate Delegation to Virginia; John Zippert, Epes, Alabama, on behalf of the Mexico-U.S. Interparliamentary Union during the Federation of Southern Cooperatives/Land Assist- the 106th Congress. Page S8426 ance Fund and the Rural Coalition/Coalicion Rural; Nominations Received: Senate received the fol- Lawrence Lucas, USDA Coalition of Minority Em- lowing nominations: ployees, and Alexander Pires, Conlon, Frantz, Phelan, and Pires, both of Washington, D.C.; Har- Joel Gerber, of Virginia, to be a Judge of the old Conner, Upper Marlboro, Maryland; and Juanita United States Tax Court for a term of fifteen years Carranza, Lambert, Montana. after he takes office. (Reappointment) Stephen J. Swift, of Virginia, to be a Judge of the RAIL COMPETITION United States Tax Court for a term of fifteen years Committee on Appropriations: Subcommittee on Trans- after he takes office. (Reappointment) portation concluded oversight hearings on freight Steven E. Achelpohl, of Nebraska, to be United rail competition issues, after receiving testimony States District Judge for the District of Nebraska from Linda J. Morgan, Chairman, Surface Transpor- vice William G. Cambridge, retired. tation Board, Department of Transportation; Bobby

VerDate 11-MAY-2000 06:56 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D12SE0.REC pfrm04 PsN: D12SE0 D892 CONGRESSIONAL RECORD — DAILY DIGEST September 12, 2000 Tom Crowe, Walter Industries, Inc., Birmingham, COLUMBIA RIVER HYDROPOWER Alabama, on behalf of the American Chemistry Committee on Energy and Natural Resources: Sub- Council; Eric Aasmundstad, North Dakota Farm Bu- committee on Water and Power concluded oversight reau, Fargo, on behalf of the American Farm Bureau hearings on the status of the biological opinions of Federation; and Diane C. Duff, Alliance for Rail the National Marine Fisheries Service and the U.S. Competition, Edward R. Hamberger, Association of Fish and Wildlife Service on the operations of the American Railroads, and Frank K. Turner, American Federal hydropower system of the Columbia River, Short Line and Regional Railroad Association, all of after receiving testimony from Derek B Stewart, As- Washington, D.C. sociate Director, Energy, Resources, and Science Issues, Resources, Community, and Economic Devel- FHA RESERVES opment Division, General Accounting Office; George Committee on Banking, Housing, and Urban Affairs: T. Frampton, Jr., Chairman, Council on Environ- Subcommittee on Housing and Transportation con- mental Quality; William Stelle, Jr., Northwest Re- cluded hearings on S. 2914, to amend the National gional Administrator, National Marine Fisheries Housing Act to require partial rebates of FHA mort- Service, Department of Commerce; Judith A. Johan- gage insurance premiums to certain mortgagors upon sen, Administrator/ Chief Executive Officer, Bonne- payment of their FHA-insured mortgages, S. 2997, ville Power Administration, Department of Energy; to establish a National Housing Trust Fund in the Col. Eric T. Mogren, Deputy Division Engineer, Treasury of the United States to provide for the de- Northwestern Division, U.S. Army Corps of Engi- velopment of decent, safe, and affordable housing for neers; and David Cottingham, Special Assistant to low-income families, and to examine issues relating the Director, U.S. Fish and Wildlife Service, Depart- to the current perceived surplus in the Federal Hous- ment of the Interior. ing Administration (FHA) Mutual Mortgage Insur- ance Fund and establishing a safe and adequate level DEPARTMENT OF TRANSPORTATION’S of FHA reserves, after receiving testimony from PROPOSED RULE ON ENVIRONMENTAL Stanley J. Czerwinski, Associate Director, Housing REVIEW and Community Development Issues, Resources, Committee on Environment and Public Works: Com- Community, and Economic Development Division, mittee concluded hearings to examine Department of General Accounting Office; William Apgar, Assist- Transportation proposed regulations for metropolitan ant Secretary for Housing/ Federal Housing Commis- and statewide transportation planning rules, imple- sioner, Department of Housing and Urban Develop- mentation of the National Environmental Policy Act ment; John C. Weicher, Hudson Institute, Jordan (NEPA), and related procedures for transportation Clark, United Homeowners Association, and Thomas decisionmaking, protection of public parks, wildlife A. Schatz, Citizens Against Government Waste, all and waterfowl, refugees, and historic sites, focusing of Washington, D.C.; Joe Flatley, Massachusetts on the proposed NEPA regulations and how they re- Housing Investment Corporation, Boston; and Mar- late to the environmental streamlining provisions of iana Luz, Anti-Displacement Project, Inc., Spring- the Transportation Equity Act for the 21st Century field, Massachusetts. (TEA–21), P.L. 105–178, after receiving testimony from George T. Frampton, Jr., Chairman, Council on FIRESTONE TIRE RECALL Environmental Quality; Kenneth R. Wykle, Admin- Committee on Commerce, Science, and Transportation: istrator, Federal Highway Administration, Depart- Committee concluded hearings to examine issues ment of Transportation; Lois J. Schiffer, Assistant surrounding the investigation and recall of Firestone Attorney General, Environment and Natural Re- ATX, ATX II, and Wilderness AT tires and Ford sources Division, Department of Justice; Carol A. Explorer rollovers, after receiving testimony from Murray, New Hampshire Department of Transpor- Rodney E. Slater, Secretary, and Sue Bailey, Admin- tation, Concord; Jim Currie, Montana Department of istrator, National Highway Traffic Safety Adminis- Transportation, Helena, on behalf of the Montana, tration, both of the Department of Transportation; Wyoming, Nevada, Idaho, North Dakota, South Da- Masatoshi Ono, Tokyo, Japan, and John Lampe and kota, Arizona, and Michigan Transportation Depart- Robert Wyant, both of Nashville, Tennessee, all of ments; Gordon D. Proctor, Ohio Department of Bridgestone/Firestone, Inc.; Jacques A. Nasser, Ford Transportation, Columbus; and Thomas R. Warne, Motor Company, Dearborn, Michigan; and Joan Utah Department of Transportation, Salt Lake City, Claybrook, Public Citizen, and Clarence Ditlow, on behalf of the American Association of State High- Center for Auto Safety, both of Washington, D.C. way and Transportation Officials.

VerDate 11-MAY-2000 06:56 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D12SE0.REC pfrm04 PsN: D12SE0 September 12, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D893 TREATIES dition Treaty with Paraguay (Treaty Doc. 106–4), Committee on Foreign Relations: Committee concluded Extradition Treaty With South Africa (Treaty Doc. hearings on the Treaty with Nigeria on mutual legal 106–24), Extradition Treaty with Sri Lanka (Treaty assistance in criminal matters (Treaty Doc. 102–26), Doc. 106–34), Extradition Treaty with Belize (Trea- Inter-American Convention on Mutual Legal Assist- ty Doc. 106–38), Treaty with Belize for Return of Stolen Vehicles (Treaty Doc. 105–54), Treaty with ance in Criminal Matters with related optional pro- Guatemala for Return of Stolen, Robbed, Embezzled tocol (Treaty Doc. 105–25), Treaty with Ukraine on or Appropriated Vehicles and Aircraft (Treaty Doc. Mutual Legal Assistance in Criminal Matters (Treaty 105–58), Treaty with Dominican Republic for Re- Doc. 106–16), Treaty with France on Mutual Legal turn of Stolen or Embezzled Vehicles (Treaty Doc. Assistance in Criminal Matters (Treaty Doc. 106- 106–7), Treaty with Costa Rica on Return of Vehi- 17), Treaty with Greece on Mutual Legal Assistance cles and Aircraft (Treaty Doc. 106–40), Treaty with in Criminal Matters (Treaty Doc. 106–18), Treaty Panama on Return of Vehicles and Aircraft (Treaty With Egypt on Mutual Legal Assistance in Criminal Doc. 106–44), Inter-American Convention of Serving Matters (Treaty Doc. 106–19), Treaty with Romania Criminal Sentences Abroad (Treaty Doc. 104–35), on Mutual Legal Assistance in Criminal Matters and Protocol Amending the 1950 Consular Conven- (Treaty Doc. 106–20), Treaty with Russia on Mutual tion with Ireland (Treaty Doc. 106–43), after receiv- Legal Assistance in Criminal Matters (Treaty Doc. ing testimony from Bruce C. Swartz, Deputy Assist- 106–22), Treaty with Cyprus on Mutual Legal As- ant Attorney General, Criminal Division, Depart- sistance in Criminal Matters (Treaty Doc. 106–35), ment of Justice; and Samuel M. Witten, Assistant Treaty with South Africa on Mutual Legal Assistance Legal Adviser for Law Enforcement and Intelligence, in Criminal Matters (Treaty Doc. 106–36), Extra- Department of State. h House of Representatives for the Mississippi Sound, amended (H. Rept. Chamber Action 106–840); Bills Introduced: 17 public bills, H.R. 5146–5162; H.R. 3661, to help ensure general aviation aircraft and 9 resolutions, H.J. Res. 107; H. Con. Res. access to Federal land and to the airspace over that 394–397; and H. Res. 572, 573, 575, 576, were in- land, amended (H. Rept. 106–841 Pt. 1); troduced. Pages H7501±02 H.R. 3378, to authorize certain actions to address Reports Filed: Reports were filed today as follows. the comprehensive treatment of sewage emanating H.R. 3595, to increase the authorization of appro- from the Tijuana River in order to substantially re- priations for the Reclamation Safety of Dams Act of duce river and ocean pollution in the San Diego bor- 1978, amended (H. Rept. 106–836); der region, amended (H. Rept. 106–842 Pt. 1); H.R. 4148, to make technical amendments to the Conference report on H.R. 1654, to authorize ap- propriations for the National Aeronautics and Space provisions of the Indian Self-Determination and Edu- Administration for fiscal years 2000, 2001, and cation Assistance Act relating to contract support 2002 (H. Rept. 106–843); and costs, amended (H. Rept. 106–837); H. Res. 574, waiving points of order against the H.R. 4790, to recognize hunting heritage and conference report to accompany H.R. 1654, to au- provide opportunities for continued hunting on pub- thorize appropriations for the National Aeronautics lic lands, amended (H. Rept. 106–838); and Space Administration for fiscal years 2000, H. Con. Res. 345, expressing the sense of the 2001, and 2002 (H. Rept. 106–844). Congress regarding the need for cataloging and Pages H7404±13, H7501 maintaining public memorials commemorating mili- Speaker Pro Tempore: Read a letter from the tary conflicts of the United States and the service of Speaker wherein he designated Representative individuals in the Armed Forces (H. Rept. Isakson to act as Speaker pro tempore for today. 106–839); Page H7375 H.R. 4104, to amend the Federal Water Pollution Control Act to authorize funding to carry out certain Guest Chaplain: The prayer was offered by the water quality and barrier island restoration projects guest Chaplain, Sister Catherine Moran, Order of Preachers, of Newark, New Jersey. Page H7378

VerDate 11-MAY-2000 06:56 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D12SE0.REC pfrm04 PsN: D12SE0 D894 CONGRESSIONAL RECORD — DAILY DIGEST September 12, 2000 Recess: The House recessed at 12:59 p.m. and re- or its environs (passed by a yea and nay vote of 398 convened at 2 p.m. Page H7378 yeas with none voting ‘‘nay’’, Roll No. 463); Profound Sorrow on the Death of the Honorable Pages H7394±95, H7442±43 Herbert H. Bateman, a Representative from the Jackson Multi-Agency Campus Act: S. 1374, to Commonwealth of Virginia: The House agreed to authorize the development and maintenance of a H. Res. 573, expressing the condolences of the multiagency campus project in the town of Jackson, House of Representatives on the death of the Honor- Wyoming clearing the measure for the President able Herbert H. Bateman, a Representative from the (passed by a yea and nay vote of 400 yeas with none Commonwealth of Virginia. Pages H7431±40 voting ‘‘nay’’, Roll No. 464). Earlier, the House Suspensions: The House agreed to suspend the rules agreed to H. Con. Res. 394, directing the Secretary and pass the following measures: of the Senate to make technical corrections in the enrollment of S. 1374; Pages H7396±97, H7398, H7443±44 School Safety Hotlines: H.R. 5123, to require the Secretary of Education to provide notification to Sales of Electricity by the Bonneville Power Ad- States and State educational agencies regarding the ministration: S. 1937, to amend the Pacific North- availability of certain administrative funds to estab- west Electric Power Planning and Conservation Act to provide for sales of electricity by the Bonneville lish school safety hotlines; Pages H7380±84 Power Administration to joint operating entities— Atlantic Coastal Fisheries Program: H.R. 4840, clearing the measure for the President; amended, to reauthorize the Atlantic Coastal Fish- Pages H7398±99 eries Cooperative Management Act; Pages H7384±85 Deschutes Resources Conservancy Reauthoriza- Exploration of the Seas: H.R. 2090, amended, to tion: S. 1027, to reauthorize the participation of the direct the Secretary of Commerce to contract with Bureau of Reclamation in the Deschutes Resources the National Academy of Sciences to establish the Conservancy—clearing the measure for the President, Coordinated Oceanographic Program Advisory Panel Page H7399 to report to the Congress on the feasibility and social San Bernardino National Forest Land Convey- value of a coordinated oceanography program (passed ance: H.R. 3657, amended, to provide for the con- by a yea and nay vote of 390 yeas to 8 nays, Roll veyance of a small parcel of public domain land in No. 460); Pages H7385±88, H7440±41 the San Bernardino National Forest in the State of Red River National Wildlife Refuge: H.R. 4318, California; Pages H7399±S7401 amended, to establish the Red River National Wild- Fort Peck Reservation Rural Water System Act: life Refuge; Pages H7388±89 S. 624, amended, to authorize construction of the Corinth Battlefield Preservation Act: S. 1117, to Fort Peck Reservation Rural Water System in the establish the Corinth Unit of Shiloh National Mili- State of Montana; Pages H7401±03 tary Park, in the vicinity of the city of Corinth, Mis- Virgin Islands Organic Act Revision: H.R. sissippi and in the State of Tennessee—clearing the 2296, to amend the Revised Organic Act of the Vir- measure for the President; Pages H7389±91 gin Islands to provide that the number of members Black Patriots Memorial North of the Reflecting on the legislature of the Virgin Islands and the Pool on the Mall. H.R. 4957, to amend the Omni- number of such members constituting a quorum bus Parks and Public Lands Management Act of shall be determined by the laws of the Virgin Is- 1996 to extend the legislative authority for the lands; Pages H7403±04 Black Patriots Foundation to establish a commemo- Membership in the Ysleta del Sur Pueblo Tribe: rative work (passed by a yea and nay vote of 398 H.R. 1460, to amend the Ysleta del Sur Pueblo and yeas with none voting ‘‘nay’’, Roll No. 461); Alabama and Coushatta Indian Tribes of Texas Res- Pages H7391±93, H7441±42 toration Act to decrease the requisite blood quantum Golden Gate National Recreation Area Bound- required for membership in the Ysleta del Sur Pueb- ary Adjustment: H.R. 3632, amended, to revise the lo Tribe; Pages H7413±14 boundaries of the Golden Gate National Recreation Guam War Restitution Act: H.R. 755, amended, Area (passed by a yea and nay vote of 333 yeas to to amend the Organic Act of Guam to provide res- 68 nays, Roll No. 462); Pages H7393±94, H7442 titution to the people of Guam who suffered atroc- Air Force Memorial in the District of Columbia ities such as personal injury, forced labor, forced Metropolitan Area: H.R. 4583, to extend the au- marches, internment, and death during the occupa- thorization for the Air Force Memorial Foundation tion of Guam in World War II. Agreed to amend to establish a memorial in the District of Columbia the title; Pages H7414±16

VerDate 11-MAY-2000 07:12 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D12SE0.REC pfrm04 PsN: D12SE0 September 12, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D895 Recognizing Slave Laborers Who Worked on the Scouting for all Act: H.R. 4892, to repeal the Construction of the Capitol: H. Con. Res. 368, es- Federal charter of the Boy Scouts of America; tablishing a special task force to recommend an ap- Pages H7448±55 propriate recognition for the slave laborers who Honoring the Service and Sacrifice by the worked on the construction of the United States United States Merchant Marine. H. Con. Res. 327, Capitol; Pages H7444±47 honoring the service and sacrifice during periods of Significant Contributions of the Birmingham war by members of the United States merchant ma- Pledge: H.J. Res. 102, recognizing that the Bir- rine; and Pages H7457±59 mingham Pledge has made a significant contribution Strengthening United States-India Relations: H. in fostering racial harmony and reconciliation in the Res. 572, expressing the sense of the House of Rep- United States and around the world; Pages H7455±57 resentatives that it is in the interest of both the Literacy Involves Families Together Act: H.R. United States and the Republic of India to expand 3222, amended, to amend the Elementary and Sec- and strengthen United States-India relations, inten- ondary Education Act of 1965 to improve literacy sify bilateral cooperation in the fight against ter- through family literacy projects. Agreed to amend rorism, and broaden the ongoing dialogue between the title; Pages H7459±70 the United States and India, of which the upcoming visit to the United States of the Prime Minister of Tijuana River Valley Estuary and Beach Sew- India, Atal Bihari Vajpayee, is a significant step. age Cleanup Act: H.R. 3378, amended, to authorize Pages H7491±93 certain actions to address the comprehensive treat- ment of sewage emanating from the Tijuana River DOD Authorization—Motion to Instruct: Rep- in order to substantially reduce river and ocean pol- resentative Conyers announced his intention to offer lution in the San Diego border region; a motion to instruct conferees on the Senate amend- Pages H7470±75 ment to H.R. 4205, to authorize appropriations for fiscal year 2001 for military activities of the Depart- Estuary Restoration Act: H.R. 1775, amended, ment of Defense and for military construction, to to catalyze restoration of estuary habitat through prescribe military personnel strengths for fiscal year more efficient financing of projects and enhanced co- 2001, to agree to the provisions contained in title ordination of Federal and non-Federal restoration XV of the Senate amendment. Page H7444 programs; Pages H7475±80 DOD Authorization—Motion to Instruct: Rep- Mississippi Sound Restoration Act: H.R. 4104, resentative Graham announced his intention to offer amended, to amend the Federal Water Pollution motions to instruct conferees on the Senate amend- Control Act to authorize funding to carry out certain ment to H.R. 4205, to authorize appropriations for water quality and barrier island restoration projects fiscal year 2001 for military activities of the Depart- for the Mississippi Sound. Agreed to amend the ment of Defense and for military construction, to title; and Pages H7480±82 prescribe military personnel strengths for fiscal year Estuary Habitat and Chesapeake Bay Restora- 2001: First, to agree to the provisions contained in tion Act: S. 835, amended, to encourage the restora- section 1068 of the Senate amendment; and second, tion of estuary habitat through more efficient project not to agree to provisions which (1) fail to recognize financing and enhanced coordination of Federal and that the 14th amendment to the Constitution guar- non-Federal restoration programs. Subsequently, the antees all persons equal protection under the law; (2) House insisted on its amendment and asked for a deny equal protection under the law by conditioning prosecution of certain offenses on the race, color, re- conference. Pages H7482±91 ligion, national origin, gender, sexual orientation, or Suspensions—Debated: The House completed de- disability of the victim; and (3) preclude a person bate on the following motions to suspend the rules. convicted of murder from being sentenced to death. Further proceedings were postponed until Wednes- Page H7470 day, September 13: Senate Messages: Message received from the Senate Foreign Sales Corporation Repeal and Extra- today appears on page H7375. territorial Income Exclusion: H.R. 4986, amended, Referral: S. 2386 was referred to the Committees on to amend the Internal Revenue Code of 1986 to re- Government Reform and Rules. Page H7498 peal the provisions relating to foreign sales corpora- tions (FSCs) and to exclude extraterritorial income Quorum Calls—Votes: Five yea and nay votes de- from gross income; Pages H7416±31 veloped during the proceedings of the House today and appear on pages H7440–41, H7441–42,

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H7442, H7442–43, and H7443–44. There were no CONFERENCE REPORT—NASA quorum calls. AUTHORIZATION Adjournment: The House met at 12:30 p.m. and Committee on Rules: Granted by voice vote a rule pursuant to the provisions of H. Res. 573, adjourned waiving points of order against the conference report at 11:37 p.m. as a further mark of respect to the to accompany H.R. 1654, National Aeronautics and memory of the late Honorable Herbert H. Bateman, Space Administration Authorization Act for Fiscal a Representative from the Commonwealth of Vir- Years 2000, 2001 and 2002, and against its consid- ginia. eration. Testimony was heard from Chairman Sensen- brenner and Representative Ralph Hall of Texas. Committee Meetings BEYOND SILICON-BASED COMPUTING GOVERNMENT SPONSORED ENTERPRISES Committee on Science: Subcommittee on Basic Research Committee on Banking and Financial Services: Sub- held a hearing on Beyond Silicon-Based Computing: committee on Capital Markets, Securities and Gov- Quantum and Molecular Computing. Testimony was ernment Sponsored Enterprises held a hearing on heard from Ruzena Bajcsy, Assistant Director, Com- Government Sponsored Enterprises. Testimony was puter, Information Science, and Engineering Direc- heard from the following officials of the Department torate, NSF; and public witnesses. of Housing and Urban Development: William Apgar, Assistant Secretary, Housing, and Chairman, CHILE DECLASSIFICATION BRIEFING Federal Housing Finance Board; and Armando Fal- Permanent Select Committee on Intelligence: Met in execu- con, Director, Office of Federal Housing Enterprise tive session to receive a briefing on Chile Declas- Oversight; Tom McCool, Director, Financial Institu- sification. The Committee was briefed by depart- tions and Market Issues, GAO; Barbara Miles, Spe- mental witnesses. cialist in Financial Institutions, Government and Fi- f nance Division, Congressional Research Service, Li- brary of Congress; and public witnesses. COMMITTEE MEETINGS FOR FEDERAL DISABILITY BENEFITS—DRUG WEDNESDAY, SEPTEMBER 3, 2000 ADDICTS AND ALCOHOLICS (Committee meetings are open unless otherwise indicated) Committee on the Budget: Task Force on Welfare held House a hearing on Federal Disability Benefits Still Being Committee on Agriculture, hearing on H.R. 1275, to Paid to Drug Addicts and Alcoholics. Testimony was amend the Animal Welfare Act to prohibit the interstate heard from the following officials of the SSA: James movement of live birds for the purpose of having the G. Huse, Jr., Inspector General; Steven L. Schaeffer, birds participate in animal fighting, 10 a.m., 1300 Long- Assistant Inspector General, Audit; and Ken Nibali, worth. Associate Commissioner, Disability. Subcommittee on General Farm Commodities, Re- ESTABLISHING A FEDERAL CIO source Conservation, and Credit, hearing on H.R. 4013, Upper Mississippi River Basin Conservation Act of 2000, Committee on Government Reform: Subcommittee on 2 p.m., 1300 Longworth. Government Management, Information, and Tech- Committee on Banking and Financial Services, hearing on nology held a hearing entitled: ‘‘Establishing a Fed- H.R. 4311, Identity Theft Prevention Act of 2000, and eral CIO: Information Technology Management and related financial fraud issues, 10 a.m., 2128 Rayburn. Assurance Within the Federal Government.’’ Testi- Committee on the Budget, Task Force on Natural Re- mony was heard from Sally Katzen, Deputy Director, sources and the Environment, hearing on Controlling Management, OMB; David McClure, Associate Di- Wildfires In the Future: What Strategies and Resources rector, Governmentwide and Defense Information Are Needed? 2 p.m., 210 Cannon. Systems, GAO; Jim Flyzik, Deputy Assistant Sec- Committee on Commerce, Subcommittee on Finance and Hazardous Materials, hearing entitled: ‘‘Organized Crime retary (Information Systems), Chief Information Offi- on Wall Street,’’ 10 a.m., 2322 Rayburn. cer, Department of the Treasury; and public wit- Subcommittee on Health and Environment, hearing on nesses. Securing the Health of the American People: focusing on ANTITRUST ENFORCEMENT the following measures: H.R. 2399, National Commis- IMPROVEMENT ACT sion for the New National Goal: The Advancement of Global Health Act; H.R. 4242, Orphan Drug Innovation Committee on the Judiciary: Held a hearing on H.R. Act; H.R. 762, Lupus Research and Care Amendments of 4321, Antitrust Enforcement Improvement Act of 1999; H.R. 3677, Thomas Navarro FDA Patient Rights 2000. Testimony was heard from Representative Act; H.R. 1795, National Institute of Biomedical Imag- Minge; and public witnesses. ing and Engineering Establishment Act; and a resolution

VerDate 11-MAY-2000 06:56 Sep 13, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D12SE0.REC pfrm04 PsN: D12SE0 September 12, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D897 recognizing the importance of researching childhood can- Foundation Establishment Act Amendments of 1999; S. cers, 10 a.m., 2123 Rayburn. 1778, to provide for equal exchanges of land around the Subcommittee on Telecommunications, Trade, and Cascade Reservoir; H.R. 2941, Las Cienegas National Consumer Protection, to mark up the following bills: Conservation Area Establishment Act of 1999; H.R. H.R. 3011, Truth in Telephone Billing Act of 1999; and 3067, Nampa and Meridian Conveyance Act; H.R. 3118, H.R. 4445, Reciprocal Compensation Adjustment Act of to direct the Secretary of the Interior to issue regulations 2000, 3 p.m., 2123 Rayburn. under the Migratory Bird Treaty Act that authorize States Committee on Education and the Workforce, Subcommittee to establish hunting seasons for double-crested cor- on Postsecondary Education, Training, and Life-Long morants; H.R. 3986, to provide for a study of the engi- Learning, hearing on Recruitment and Retention of Qual- neering feasibility of a water exchange in lieu of elec- ity Teachers, 10:30 a.m., 2175 Rayburn. trification of the Chandler Pumping Plant at Prosser Di- Committee on Government Reform, Subcommittee on Na- version Dam, Washington; H.R. 4020, Dillonwood Giant tional Economic Growth, Natural Resources, and Regu- Sequoia Grove Park Expansion Act; H.R. 4503, Histori- latory Affairs, hearing on Lessons From the Laboratories cally Women’s Public Colleges or Universities Historic of Democracy: Environmental Innovation in the States, Building Restoration and Preservation Act; H.R. 4613, 2:30 p.m., 2247 Rayburn. National Historic Lighthouse Preservation Act of 2000; Subcommittee on National Security, Veterans’ Affairs, H.R. 4656, to authorize the Forest Service to convey cer- and International Relations, hearing on Biological Weap- tain lands in the Lake Tahoe Basin to the Washoe County ons Convention: Status and Implications, 10 a.m., 2154 School District for use as an elementary school site; H.R. Rayburn. 4721, to provide for all right, title, and interest in and Committee on International Relations, Subcommittee on to certain property in Washington County, Utah, to be Africa, hearing on U.N. Referendum for Western Sahara: vested in the United States; H.R. 4800, Ronald Reagan 9 Years and Counting, 2 p.m., 2255 Rayburn. Recognition Act of 2000; H.R. 4828, Steens Mountain Subcommittee on Asia and the Pacific, to mark up the Wilderness Act of 2000; H.R. 5130, to authorize the following measures: H.Con.Res. 328, expressing the sense Secretary of the Interior to provide cost sharing for the of the Congress in recognition of the 10th anniversary of CALFED water enhancement programs in California; and the free and fair elections in Burma and the urgent need a measure to provide incentives for Indian tribes to col- to improve the democratic and human rights of the peo- lect and pay lawfully imposed State sales taxes on goods ple of Burma; and a resolution voicing concern about se- sold on tribal lands and to provide for penalties against rious violations of human rights and fundamental free- Indian tribes that do not collect and pay such State sales doms in most states of Central Asia, including substantial taxes, 11 a.m., 1324 Longworth. noncompliance with their Organization for Security and Committee on Rules, hearing to receive Member testi- Cooperation in Europe (OSCE) commitments on democra- mony on proposed changes to House Rules, 10 a.m., tization and the holding of free and fair elections, 1:30 H–313 Capitol. p.m., 2172 Rayburn. Committee on Science, Subcommittee on Space and Tech- Subcommittee on International Economic Policy and nology, hearing on the State of NASA’s Space Science En- Trade, hearing on Cooperate and Industrial Espionage and terprise, 2 p.m., 2318 Rayburn. Their Effects on American Competitiveness, 2 p.m., 2200 Subcommittee on Technology, hearing on the Role of Rayburn. Technical Standards in Today’s Society and in the Future, Committee on the Judiciary, to mark up the following 10 a.m., 2318 Rayburn. bills: H.R. 3575, Student Athlete Protection Act; H.R. Committee on Transportation and Infrastructure, Sub- 534, Fairness and Voluntary Arbitration Act; H.R. 4548, committee on Ground Transportation, hearing on the De- Agricultural Opportunities Act; H.R. 5106, Copyright partment of Transportation’s Proposed NEPA and Plan- Technical Corrections Act of 2000; and H.R. 5107, ning Rules, 10 a.m., 2167 Rayburn. Work Made for Hire and Copyright Corrections Act of Subcommittee on Oversight, Investigations, and Emer- 2000, 10:30 a.m., 2141 Rayburn. gency Management, hearing on Federal Agency Shuttles, Subcommittee on Immigration and Claims, to mark up 3 p.m., 2167 Rayburn. the following: H.R. 4068, Religious Workers Act of Committee on Veterans’ Affairs, to mark up H.R. 5109, 2000; and a private relief bill, 3 p.m., 2226 Rayburn. Department of Veterans Affairs Health Care Personnel Committee on Resources, to consider the following meas- Act of 2000, 10:30 a.m., 334 Cannon. ures: S. 426, Huna Totem Corporation Public Interest Committee on Ways and Means, to mark up H.R. 4857, Land Exchange Act; S. 964, Cheyenne River Sioux Tribe Privacy and Identity Protection Act of 2000, 2 p.m., Equitable Compensation Act; S. 1117, Corinth Battlefield 1100 Longworth. Preservation Act of 1999, H.R. 1500, America’s Wilder- Subcommittee on Trade, hearing on trade in African ness Protection Act; S. 1653, National Fish and Wildlife diamonds, 9:30 a.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, September 13 10 a.m., Wednesday, September 13

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. 4810, morning business (not to extend beyond 10 a.m.), Senate Marriage Tax Penalty Relief Reconciliation Act of 2000 will continue consideration of H.R. 4444, PNTR for (veto override); China, with votes on Byrd Amendment No. 4131 and di- Conference report on H.R. 4205, National Defense Au- vision 6 of Smith (N.H.) Amendment No. 4129 to occur thorization Act for Fiscal Year 2001; (possible motions to at 11:00 a.m. instruct conferees); and Consideration of conference report on H.R. 4516, Leg- islative Branch Appropriations Act for Fiscal Year 2001.

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