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, FRIDAY, OCTOBER 13, 2000 No. 128 House of Representatives The House was not in session today. Its next meeting will be held on Monday, October 16, 2000, at 2 p.m. Senate FRIDAY, OCTOBER 13, 2000

(Legislative day of Friday, September 22, 2000)

The Senate met at 10 a.m., on the ex- who were killed, injured, or are missing The PRESIDENT pro tempore. The piration of the recess, and was called to as a result of an explosion in the de- able Senator from Mississippi. order by the President pro tempore stroyer as it was pulling into Aden, [Mr. THURMOND]. Yemen. Dear Father, be with the sail- f ors’ families and friends at this time of PRAYER loss. SCHEDULE The Chaplain, Dr. Lloyd John Lord, our minds drift back to the gal- Ogilvie, offered the following prayer: lantry of the Navy in American his- Mr. COCHRAN. Mr. President, in be- Almighty God, Sovereign of our be- tory. May the men and women of the half of the majority leader, I am loved Nation, we thank You for the Navy know of the profound gratitude pleased to announce that today the women and men who serve in the and esteem this Senate has for them. Senate will begin debate on the con- United States Navy. Today, we cele- And Lord, we could not celebrate the ference report to accompany the Agri- brate the 225th birthday of the Navy Navy’s birthday without a special ex- culture appropriations bill. with them, veterans of naval service, pression of thanks to You for our own Under a previous order, debate on the and the Members of this Senate who friend and doctor, Admiral John conference report is limited to today’s hold cherished memories of their own Eisold, the physician for the Members session, the session on Tuesday, and a service in the Navy. We remember the and officers of the Congress. Bless him brief period on Wednesday morning. words of John Paul Jones, the father of and all of the Navy personnel on this The vote on the Agriculture appro- the Navy, ‘‘Sir, I have not yet begun to special day. Amen. priations conference report is sched- fight.’’ He defied defeat and surrender f uled to occur at 11:30 a.m. on Wednes- on that day in 1779 and gave the Navy PLEDGE OF ALLEGIANCE day. Although no votes are scheduled for not only a motto for heroism but an The Honorable TED STEVENS, a Sen- example of courage that has remained ator from the State of Alaska, led the Tuesday at this time, votes could occur strong during war as well as in peace- Pledge of Allegiance, as follows: on Tuesday, if necessary. time service to our Nation. I pledge allegiance to the Flag of the The Senate may also consider any Yet, Lord, our celebration of this United States of America, and to the Repub- legislative or Executive Calendar items birthday of the Navy is mingled with lic for which it stands, one nation under God, available for action during today’s ses- grief for the sailors of the U.S.S Cole indivisible, with liberty and justice for all. sion.

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S10517

. S10518 CONGRESSIONAL RECORD — SENATE October 13, 2000 RESERVATION OF LEADER TIME and Departments of Government that amount of food and fiber for our coun- The PRESIDING OFFICER (Mr. are funded in this bill. try at reasonable prices, and to do so in The total dollar amount for new SPECTER). Under the previous order, a way that permits a level of profit for the leadership time is reserved. budget authority, for example, is less those engaged in farming operations to than the fiscal year 2000 enacted level. stay in business. It is very difficult in f It is less than the level requested by many areas of the country now for AGRICULTURE, RURAL DEVELOP- the President. It is less than the farmers and ranchers to make ends MENT, FOOD AND DRUG ADMIN- House-passed bill level, and it is less meet. They are confronted with a wide ISTRATION, AND RELATED than the Senate-passed bill level. range of difficulties. AGENCY PROGRAMS APPROPRIA- The fact is, every effort was made We have to invest in research to try TIONS ACT, 2001—CONFERENCE during consideration of this bill to be to find new ways of improving yields REPORT restrained and responsible in the allo- for the crops that are produced in our cation of funds that are available to country, and to do so in a way that is The PRESIDING OFFICER. Under this subcommittee under the budget not threatening to the environment or the previous order, the Senate will now resolution. to the citizens of our country. We have proceed to the consideration of the The conference agreement provides a heightened awareness of problems conference report to accompany H.R. total new budget authority of $74.5 bil- that can occur in this area. 4461, which the clerk will report. lion for programs and activities of the There is almost a near hysteria in The legislative clerk read as follows: United States Department of Agri- Europe over this issue. We are con- The committee on conference on the dis- culture (except for the Forest Service fronting difficulties in trade because agreeing votes of the two Houses on the which is funded by the Interior Appro- we are having problems getting li- amendment of the Senate to the bill, H.R. priations bill), the Food and Drug Ad- censes for commodities and foods that 4461, making appropriations for Agriculture, Rural Development, the Food and Drug Ad- ministration, and the Commodity Fu- are produced in the United States be- ministration, and related agency programs tures Trading Commission. This is ap- cause they have genetically modified for the fiscal year ending September 30, 2001, proximately $1.1 billion less than the organisms—GMOs—which is a big issue and for other purposes, having met, have fiscal year 2000 enacted level and $2.3 in the U.K. particularly. The tabloids agreed that the House recede from its dis- billion less than the level requested by have been fanning the flames of the agreement of the Senate amendment, and the President. It is $651 million less hysteria that has taken hold there. The the Senate agree to the same, signed by a than the House-passed bill level, and European Union has been very hesitant majority of the conferees on the part of the $859 million less than the Senate- and difficult to deal with in approving House. passed bill level. licenses from exporters who would like The PRESIDING OFFICER. Without This conference report also includes to sell what they are producing in the objection, the Senate will proceed to an additional $3.6 billion in emergency European market. In my view, many of the consideration of the conference re- appropriations to compensate agricul- these practices are unfair and not port. tural producers for losses suffered due based on sound science. (The conference report is printed in to drought, fires, and other natural dis- But we need to have a regiment of re- the RECORD of Friday, October 6, 2000.) asters; to meet conservation needs; and search and development that is beyond Mr. COCHRAN. Mr. President, I ask to provide relief to rural communities. question in terms of its impact on unanimous consent that my prepared Including Congressional budget human health and our environment. remarks describing the provisions of scorekeeping adjustments and prior- That is why it is as important this this conference report be printed at year spending actions, this conference year, more important than ever before, this point in the RECORD. agreement provides total non-emer- to have a robust research and edu- The PRESIDING OFFICER. Without gency discretionary spending for fiscal cation program that is supported by objection, it is so ordered. year 2001 of just over $15 billion in the Department of Agriculture. In col- Mr. COCHRAN. Mr. President, I am budget authority and outlays. leges and universities and in Agricul- very pleased to announce to the Senate I am pleased to report that this con- tural Research Service laboratories all that we successfully completed action ference report provides funding at the around the country, there are funds in our conference committee and President’s request level, an increase of that will be made available to help brought back to the Senate a bill that nearly $58 million from the fiscal year achieve the goals in this area. has already been approved by the other 2000 level, for activities and programs This conference agreement provides body by a substantial vote of support, in this bill which are part of the Ad- increased appropriations for agri- and indications are that the President ministration’s ‘‘Food Safety Initia- culture research and education pro- is prepared to sign this conference re- tive.’’ grams. Total appropriations of nearly port. The conference report provides ade- $2 billion are provided for the Agri- I am pleased to make that announce- quate funding in our view for the Food culture Research Service and the Coop- ment because during the development Safety and Inspection Service, which erative State Research, Education, and of this legislation and the markup ses- has the responsibility of conducting in- Extension Service, $126 million more sions that we held here in the Senate, spections and monitoring the safety of than the fiscal year 2000 level and $62 and discussions of the bill on the floor our Nation’s food supply to ensure that million more than the Senate-passed of the Senate, there were some very the food that is consumed by Ameri- bill level. In addition, as requested by contentious and controversial issues cans and produced and processed here the President and provided in the Sen- that were debated and considered. We is fit for human consumption, and free ate bill, $120 million in fiscal year 2000 didn’t achieve all of the successes that from contamination. funding will be available in fiscal year Senators wanted to achieve, as is usu- This is a big challenge. It is a big 2001 to fund the Initiative for Future ally the case in the situation where worry all over the country because Agriculture and Food Systems. you are negotiating compromise with there have been instances where there Approximately $34 billion, close to 46 the other body and dealing with views have been problems in this area. We percent of the total new budget author- and opinions reflected in the policies of think this conference report responds ity provided by this conference report, the administration. But, taken to- to those concerns and that will have a is for domestic food programs adminis- gether, given the expressions of sup- very positive influence in helping to tered by the U.S. Department of Agri- port and interest in the Senate for the solve problems in this area of food safe- culture. These include food stamps; provisions that are in the bill, I am ty. commodity assistance; the Special confident that most Senators will be Let me also point out the emphasis Supplemental Nutrition Program for very pleased with this result. in this conference report on agricul- Women, Infants, and Children (WIC); This is a good bill. It deserves the tural research and education programs. the school lunch and breakfast pro- support of the Senate. We have to maintain a high level of grams; and the school breakfast pilot It provides a restrained approach to technological sophistication in order program, which is funded at $6 million. funding the activities of the Agencies to continue to produce an adequate Included in this amount is the Senate- October 13, 2000 CONGRESSIONAL RECORD — SENATE S10519 passed bill level of $4.052 billion for the zens. We have incentive programs, not construction of the Los Angeles labora- WIC program, including $20 million for just mandatory programs, but pro- tory, and $22.9 million for premarket the WIC farmers’ market nutrition pro- grams that encourage the management review. Also included is a portion of gram. of land so that conservation is en- the increased funding requested for The WIC program is a very important hanced, and the protection of soil and FDA to enforce Internet drug sales, en- nutrition program and health program water resources is enhanced by the way hance inspections, improve existing ad- for women, infants, and children. Ev- landowners use and care for their verse events reporting systems, and erybody is aware of the importance of lands. continue counter-bioterrorism activi- school lunch and breakfast programs to We found that to be a very popular ties. help equip our children with the nutri- way of helping to encourage and obtain In addition, the conference report ap- tion they need as they are at school so the best possible land management propriates, contingent on a budget re- they can learn and do a good job at practices, rather than having a Federal quest, the $23 million FDA has identi- school. Government come in with threats and fied it needs for fiscal year 2001 to We also have a Food Stamp Program other sanctions that can be imposed on carry out the Medicine Equity and that is funded in this bill. In my view, landowners. It is better to do it in a Drug Safety Act of 2000. The FDA said these are funded at adequate levels to way that is educational and nonthreat- it needed this amount for this next fis- meet the demands and needs we have in ening and based on incentives rather cal year to carry out the provisions of our country. We have been very fortu- than sanctions, fines, and penalties this conference report that provides nate in this time of economic expan- from the Federal Government. these new responsibilities, to guar- sion and growth for jobs to be created We also see in this bill something antee safety and efficacy of drugs in so those who want to work can find that is important to every rural com- this new era, so that is included in this work. We have people coming into the munity: development programs, hous- report. country now under special visa require- ing programs, water and sewer system For the Commodity Futures Trading ments because we have an inadequate programs. They are all important in Commission, $68 million is provided; labor supply, or at least an inad- rural America. Many of these commu- and a limitation of $35.8 million is es- equately trained supply of labor to do nities have some of the lowest income tablished on administrative expenses of many of the jobs that have to be done families in America and therefore they the Farm Credit Administration. in this country. Many entry level posi- don’t have the economic base to pay As my colleagues recall, as passed by tions are now being filled by those who the costs that would be required for the Senate, this bill included not only are newly coming into the country, utilities and other lifestyle enhance- the regular fiscal year 2001 appropria- many just for the purpose of working ments that are available in the larger tions bill, but a ‘‘Division B’’ providing on farms because people who live here towns or the cities of our country. supplemental appropriations, rescis- and who have been here for a while ei- These programs are very important in sions, and other emergency provisions ther don’t want to do the work or for States, such as mine and others, which relating not only to programs and ac- some reason are unavailable to those have to depend upon Federal assistance tivities under this Subcommittee’s ju- who need help on their farms. to make sure they have safe drinking risdiction but to various other Depart- This is a challenge. The point I am water, they have sewer systems, they ments and agencies of government. making in connection with the food have electric lights, they have tele- Provisions outside this Subcommit- and nutrition programs is we have been phone service access. These programs tee’s jurisdiction have been deleted by able to reduce the costs of some of are funded in this bill this year. the conference committee and will be these programs, particularly the Food For rural economic and community addressed, as appropriate, on other Stamp Program, because of the expan- development programs, the conference bills. sion in the economy and the avail- report provides appropriations of $2.5 Funding for emergency assistance for ability of jobs. We need to make sure billion to support a total loan level of farmers and landowners who have been through our budget policies that we $8.8 billion. Included in this amount is affected by drought, fires, and other continue to have an environment eco- $763 million for the Rural Community natural disasters that have occurred nomically for job growth and expan- Advancement Program, $680 million for this year is now included as Title VIII sion. the rental assistance program, and a of this conference report. The total as- For farm assistance programs, the total rural housing loan program level sistance package has been scored by conference report provides $1.3 billion of $5.1 billion. the Congressional Budget Office at $3.6 in appropriations. Included in this A total of $1.1 billion is provided for billion. amount is the full increase of $89 mil- foreign assistance and related pro- The Secretary of Agriculture is au- lion above the fiscal year 2000 level re- grams of the Department of Agri- thorized to use such sums as necessary quested by the Administration for culture, including $115 million in new of the Commodity Credit Corporation Farm Service Agency salaries and ex- budget authority for the Foreign Agri- to compensate farmers for crop and penses, as well as appropriations cultural Service and total appropria- quality losses at the same rates as which, together with available carry- tions of $973 million for the P.L. 480 have been used in previous years. How- over balances, will fund the fiscal year Food for Peace Program, $31 million ever, unlike years past, there is no 2001 farm operating and farm owner- above the fiscal year 2000 level, and the limit on the amount of funds available ship loan levels included in the Presi- same as the President’s request and for this assistance, thus eliminating dent’s budget request. Senate bill levels. proration of producers’ payments and Appropriations for conservation pro- Total new budget authority for the hopefully expediting payments. grams administered by the Natural Re- Food and Drug Administration is $1.1 Other assistance provided by the bill sources Conservation Service total $873 billion, $74 million more than the fiscal includes $490 million for the livestock million, $69 million more than the fis- year 2000 level and $24 million more assistance program, $473 million for cal year 2000 level, and approximately than the Senate-passed bill level. The dairy producers, and $328 million for $6 million more than the level rec- conference report also makes available producers of certain specialty crops. ommended by the Senate. an additional $149 million in Prescrip- The agreement provides needed con- Conservation programs, in my view, tion Drug User Fee Act collections. servation funding by making $35 mil- are some of the less well advertised The increase in new budget authority, lion in technical assistance available programs of the Department of Agri- together with the redirection of base for the Conservation Reserve Program culture. We have increased the amount funds, provides FDA with an additional and the Wetlands Reserve Program, of acreage available for the Wetlands $130 million from the fiscal year 2000 and providing an additional $110 mil- Reserve Program by 100,000 acres. level for funding requirements identi- lion for the Emergency Watershed Pro- We have also worked hard on these fied in the President’s fiscal year 2001 gram of the Natural Resources Con- programs to ensure they help improve budget request. These include the full servation Service. wildlife habitat on farms and on the increases requested in the budget of $30 Senators worked very hard in the lands that are owned by American citi- million for food safety, $20 million for conference on this issue, and other S10520 CONGRESSIONAL RECORD — SENATE October 13, 2000 issues as well. We have expanded the subcommittee and full committee, too. sonally attest to the professionalism, opportunities to sell what we produce I want to express my appreciation to courtesy, and, perhaps most of all, the in the international marketplace in all of them. It was a pleasure working patience displayed by the Senator from this conference report as a result of in conference with Chairman JOE Mississippi in presiding over those pro- changes in sanctions policy. There SKEEN, from New Mexico, who is serv- ceedings. have been many initiatives introduced ing in his last year as chairman of the The public has little opportunity to on this subject. I know the Senator subcommittee. This is his sixth year in know what goes on in the legislative from Indiana, Mr. LUGAR, has a wide, that capacity. The House has term lim- process generally, but they do hear sweeping, and very thoughtful ap- its on subcommittee chairmen. It effec- about the introduction of bills and proach to this sanctions issue reflected tively prohibits his service beyond this they do see, on C–SPAN and otherwise, in a bill he has introduced. I hope we year as chairman of the subcommittee. the committee meetings and the ques- can pass legislation in this area that But he has really been a hard-working tioning of witnesses, and to some ex- sets new policies and establishes a new leader in the House on the development tent they see on C–SPAN II, to the ex- way of going about deciding when and of this legislation and this appropria- tent anybody watches, what happens where to impose sanctions that tie the tions bill. We will miss working with on the Senate floor. But the con- hands of our exporters and have an ad- him as chairman. We hope to be able to ferences are largely unseen by the pub- verse impact on our ability to sell what continue working with him closely in lic. That is crunch time, when the we produce on the international mar- the years ahead, though, as a fellow work is concluded. Everything else ketplace. member of the Appropriations Com- which is done is really of much less sig- I am not saying sanctions are bad. mittee in the House. nificance than the conferences, where We have to use them in certain cases. MARCY KAPTUR, from Ohio, is the dis- the final touches are put on legislation They have proven to be very effective tinguished ranking Democrat on the which constitutes the laws of the coun- in certain cases. Normally, this is when House committee. It is always a pleas- try. we have the cooperation of other coun- ure working with her. She was very There are very long sessions. A week tries. But when we just unilaterally helpful in the development of this bill ago last night was illustrative of the impose sanctions, in many cases that during our consideration of it in con- point. The speeches tend to go very ends up being more hurtful and harm- ference with the House. long. The presiding chairman has to ful to our farmers and ranchers and I know none of this excellent work have great patience, to have the proper businesses than to anybody else. We product would have been possible with- balance between allowing every mem- have to be careful how we approach out the outstanding assistance and ber to speak and getting the work com- this whole issue. hard work that has been turned in by pleted. That conference had some very I think the conference committee ex- our able staff members: Rebecca Da- difficult issues, issues which related to ercised good judgment and an aware- vies, who is the chief clerk on this relieving sanctions on Cuba, to allow ness of concerns throughout our coun- committee, Hunt Shipman, Martha more importations of food, and it went try on this issue when it made the Scott Poindexter, Les Spivey, and with into an issue which is highly sensitive, changes that are reflected here. I am the wise counsel and influence of my where there really ought to be an eval- hopeful with the emergency assistance chief of staff, Mark Keenum, and with uation as to our relations with Cuba. provisions that are in the bill, the others who participated in the develop- We did take a step in the right direc- other programs that have been funded, ment of this bill. I say thank you. It tion on releasing the sanctions as to the Senate will be able to enthusiasti- would not have been possible without food—really, largely as an economic cally support and approve the work their help. This is an outstanding work matter for America’s farmers. that this conference committee has product. We appreciate your excellent In the foreign operations bill there is done. effort. I do not want to leave out Galen a provision, which this Senator intro- This conference report carries a num- Fountain either. He is the chief clerk duced, to try to get more cooperation ber of other legislative provisions on the Democratic side of our sub- on drug interdiction, which the Cuban adopted by the conference committee, committee. He has been a very helpful Government is willing to do. Then we including the Continued Dumping and person to work with, and we appreciate had important provisions on re- Sudsidy Offset Act; the Conservation of very much his outstanding assistance, importation of drugs, on which the dis- Farmable Wetland Act; and the Hass too. tinguished Senator from Vermont, Mr. Avocado Promotion, Research, and In- I know of no Senators who have JEFFORDS, who is now presiding, was formation Act. asked to be recognized at this point, the leader. Mr. President, we are already well but I repeat what the majority leader It has come to pass that the appro- beyond the October 1 start of the new provided by way of information to the priations bills, now, are the principal fiscal year. This conference agreement Senate in the opening announcements legislative vehicles, so to speak, for is the product of two lengthy sessions this morning. We have time reserved getting substantive legislation because of the conference committee. The con- today, we have time reserved on Tues- it is only the appropriations bills, ulti- ference report was filed last Friday day, and a short period of time on mately, which pass. So much of that is night, October 6, and was adopted by Wednesday for discussion of this bill, done in conference as opposed to the House of Representatives on Octo- and then a vote will occur at 11:30 on amendments on the floor, which is the ber 11 by a vote of 340 to 75. Senate pas- Wednesday morning. I hope Senators prescribed way. sage of this conference report today is will take advantage of these opportuni- the final step necessary to send this ties if they have questions or if they The senior Senator from Mississippi fiscal year 2001 appropriations bill to have statements they want to make in presided at that conference, and we the President for signature into law. connection with the bill. produced a very important bill. As I Senator KOHL is the ranking Demo- I yield the floor. have heard him report on it today, I crat on the subcommittee. It has been The PRESIDING OFFICER (Mr. JEF- am struck by its promise and its im- a pleasure to work with him through- FORDS). The Senator from Pennsyl- portance for the American people out the hearing phase of the develop- vania. under his leadership. ment of our factual basis for writing Mr. SPECTER. Mr. President, I have In the absence of any other Senator this bill. In all the discussions we have sought recognition to commend the seeking recognition, I suggest the ab- had in working on challenges before distinguished Senator from Mississippi sence of a quorum. the subcommittee, I could not have for his leadership in producing a very The PRESIDING OFFICER. The asked for more cooperation or careful sound Agriculture Appropriations bill. clerk will call the roll. and thoughtful assistance than Senator I have served with the Senator from The assistant legislative clerk pro- KOHL provided to me and to the com- Mississippi on that subcommittee for ceeded to call the roll. mittee as a whole. almost 20 years now and have partici- Mr. COCHRAN. Mr. President, I ask The full committee, of course, had a pated in the conference just concluded unanimous consent that the order for role to play in this, all members of our which has produced this bill. I can per- the quorum call be rescinded. October 13, 2000 CONGRESSIONAL RECORD — SENATE S10521 The PRESIDING OFFICER (Mr. JEF- unintended consequences and provided helps those countries, it helps the Cu- FORDS). Without objection, it is so or- the Secretary of Agriculture with addi- bans, but it hurts Americans. Also, our dered. tional flexibility in devising an appro- policy has no impact on those Cuban Mr. COCHRAN. Mr. President, I first priate loss compensation program. Be- policies that we would like to see express my appreciation to the distin- cause there are crops, like cotton, that changed—none whatsoever. guished Senator from Pennsylvania, rarely have quality losses that are not Most Members in the Senate and Mr. SPECTER, for his generous com- accompanied by quantity losses, this House have also recognized the absurd- ments about my efforts in behalf of bifurcated approach could have unin- ity of this policy. Earlier this year, the this legislation as chairman of the sub- tended detrimental consequences. The Senate and the House agreed to end the committee. He also put in a lot of time Secretary could use his authority to ban on food and medicine sales to and effort during the conference with compensate for severe economic losses Cuba. We had overwhelming majorities the House and also during the develop- and calculate losses for cotton and in the Senate and the House. Those ment of this legislation in our sub- other similar commodities in the man- votes expressed the will of the Con- committee. He has been an outstanding ner done in 1999, when quality and gress. The votes clearly reflected the member of the Appropriations Com- quantity losses were combined to de- will of the American people. mittee and, of course, chairs the Labor- termine whether a producer had met Yet the Republican conferees simply HHS Subcommittee of the Appropria- the loss thresholds. overturned those House and Senate tions Committee in the Senate and The Secretary could also use the au- votes. The Republican conferees does an excellent job in that capacity. thority provided him to provide assist- thwarted the will of the American peo- I thank him for his very generous ance for severe economic losses to pro- ple. The result is that there will be re- statements. vide appropriate compensation to pro- strictions on the sale of food and medi- I also commend, as he did, the Sen- ducers that incur the necessary ex- cine to Cuba. These restrictions guar- ator from Vermont, who is chairing the pense to bring their 2000 crop all the antee that there will be few such sales, Senate this morning, for his leadership way to harvest. and those few that do occur will be on the drug importation issue. I don’t Mr. President, the distinguished Sen- done only by major companies, shut- think this would have been included in ator from Montana is on the floor. ting out the small farmer. That is not this legislation—I know it would not— The PRESIDING OFFICER. The Sen- the way law is supposed to be made in were it not for the leadership of Sen- ator from Montana is recognized. a democracy. ator JEFFORDS. It was this amendment Mr. BAUCUS. Mr. President, when we To rub salt in the wounds, the Repub- that was included in the bill when the finally vote on the Agriculture appro- lican conferees agreed to codify in law bill was on the floor of the Senate. priations conference report, I intend to the current administrative restrictions As the occupant of the chair remem- vote for it essentially because the bill on travel to Cuba. That action removed bers, we had a very heated debate. It provides so much that helps so many the flexibility of this President and fu- was contentious. It was a matter of a people, many of whom are in dire ture Presidents to liberalize or not to lot of controversy surrounding it. I of- straits. I am referring specifically to a liberalize, depending upon what seems fered an amendment to the Jeffords lot of the people living and working in to make the most sense. The result is amendment, which was adopted as it farm communities in my State of Mon- a further infringement on the right of turned out, helping protect the safety tana and throughout the Nation. Americans to travel freely. It also di- and efficacy of drugs that would be im- I am especially pleased the bill pro- minishes the right of Cuban Americans ported under the provision of the Jef- vides $3.6 billion for weather-related to visit family members in Cuba. fords amendment. Then in conference disasters. The droughts and fires in my An overwhelming majority of the with the House, everybody got in- State, as well as other parts of the Na- Congress recognizes we must end the volved, not just the conferees but the tion, have been quite severe and, in anachronistic cold war policy toward leadership of the House and the leader- many areas, devastating. This bill will Cuba. That policy harms the average ship of the Senate. Everybody, it help our citizens get through the most Cuban. Clearly, it harms the average seemed, had an opinion or a viewpoint difficult times. I commend the Senator American. The current policy against on how that language should be from Mississippi and others who have Castro is a foil. It helps prop him up. changed or modified or improved. worked to help pass this bill. Were we to lift the bans that would As it turned out, the end result is I want to mention a couple of points take away that foil, it would make it something in which the Senator from of this bill which I think are erroneous. more difficult for him to stay in power. Vermont can take a great deal of pride. I object strenuously to the provisions It is amazing how foolhardy our policy His influence will always be remem- in the bill with respect to restrictions is. It is also a policy that hurts the bered on this issue. I thank him for his on food and medicine sales to Cuba and American public. It is a great danger. courtesies during the handling of the restrictions on the right of American Once the resistance of the Castro re- issue and his good advice and counsel citizens to travel to Cuba. gime begins—think of that for a all along the way. Last July, I flew to Havana, along minute. We have to think very care- Mr. President, the crop disaster pro- with my colleagues, Senator ROBERTS fully about how to help manage the visions in this bill take a somewhat and Senator AKAKA. It was a brief trip, transition that occurs in Cuba from the different approach to compensating but I returned from Havana more con- current-Castro regime to the post-Cas- producers who may have suffered sig- vinced than ever that it was time to tro regime. Of course, the Cubans must nificant quality losses during 2000 end our outdated cold war policy to- make that decision. The nature of that caused by bad weather, insects, or ward Cuba. For example, I believe we transition has a very direct bearing other natural occurrences. The bill au- should have normal trade relations upon this country. We have to be very thorizes the Secretary of Agriculture with Cuba. We do not. The President careful. to compensate producers for quantity, just a day ago signed permanent nor- Clearly, if we were to open up now, quality, and severe economic losses. mal trade relations with China, a Com- we could help influence a transition Loss thresholds for quantity and qual- munist country which certainly pre- that is more in America’s national in- ity losses are separated in this bill, sents more of a national security terest. Current policy also clearly whereas they have been combined in threat to the United States than Cuba, abridges the freedoms of Americans to previous disaster bills. Different crops but yet we do not have normal trade travel. If we had to vote separately on have different values associated with relations with Cuba. It makes no sense. these Cuban provisions, I would work declines in quality. The report lan- As a consequence, we Americans, the hard to defeat them, but the other pro- guage accompanying the conference re- Congress, and the Federal Government, visions in the bill are so overwhelming port takes care to discuss special rules prevent our farmers and ranchers from important for the health and pros- that should be considered for cotton, exporting their products to Cuba. But perity of Americans that I will vote in for example. our Japanese, European, and Canadian favor of the Agriculture appropriations The conferees were concerned that competitors have no constraints. They bill. But I repeat, the Cuba provisions this new calculation might have some fill the gap. The result, obviously, is it are a serious step backward. S10522 CONGRESSIONAL RECORD — SENATE October 13, 2000 I yield the floor and suggest the ab- into law, we also have these weather The harsh reality is that USDA now sence of a quorum. disasters across the country. In my tells us for the first time in as long as The PRESIDING OFFICER. The State, overly wet conditions have led anyone can remember, Europe is poised clerk will call the roll. to an outbreak of a disease called scab to surpass us in world market share. The assistant legislative clerk pro- that has dramatically lowered the Let me repeat that: This year USDA ceeded to call the roll. value of the crop. In other parts of the tells us for the first time in memory Mr. CONRAD. Mr. President, I ask country, there has been devastating Europe is poised to pass us in world unanimous consent that the order for drought, a situation where farmers market share for agricultural products. the quorum call be rescinded. have not received any rain throughout That ought to be a warning to all of us The PRESIDING OFFICER. Without the growing season. As a result, they of what is happening. It is happening objection, it is so ordered. have almost total losses. because the Europeans have spent tens Mr. CONRAD. Mr. President, we are In this bill we will vote on next week, of billions of dollars a year, nearly $50 now considering the Agriculture appro- there is an additional $3.5 billion of as- billion a year, supporting their pro- priations conference report. It is criti- sistance, including provisions to ad- ducers, paying for export subsidies so cally important to a number of our dress the quality loss affecting my they can buy markets that have tradi- States. It certainly is critically impor- State’s farmers; $500 million to address tionally been ours. Shame on us if we tant to mine. the quality loss circumstance in which allow them to take us out of world farmers go to the elevator and in some We are faced with one of the toughest markets that have been ours for dec- cases the people at the elevator say, we downturns in the agricultural markets ades. That would be a serious mistake. in the history of our country. We cur- won’t buy your grain at any price be- When I ask the Europeans, how is it rently have the lowest real prices for cause it is so loaded with this fungus you are able to convince your people to called scab. That is the nature of the farm commodities in 50 years, and we step up and support your producers in crisis. are in a very serious situation as a re- the way that you do, they say, it is sult. Literally, thousands of farm fami- It is so important that next week we pass that bill. It is so important that very simple: we have been hungry lies will be forced off the land if there this aid start to flow. It is so impor- twice in Europe. We never intend to be is not an adequate Federal response to tant that we say to farm families hungry again. We are not going to rely this crisis. across America, we are not going to let on outside food sources to feed our peo- A number of years ago we passed a you fail because of a failed farm policy ple. We just are not going to do it. new farm bill. That farm bill is not written in Washington. We are not I hope next year we will begin the de- working. I think the proof is abun- going to let you face a circumstance bate on a new farm policy, and we will dantly clear. The fact is, we have had just because our major competitors, recognize that unilateral disarmament to write disaster bills every year for the Europeans, are outspending us 10 to does not work. It doesn’t work in mili- the last 3 years to try to deal with this 1 in their support for their producers, tary affairs; it doesn’t work in an agri- collapse in farm prices. that we let our people fall by the way- cultural trade confrontation. It hasn’t The situation now is even more grave side. We are not going to say to our worked with this new Federal farm pol- as we have dealt not only with col- producers, just because the Europeans icy. It has been a disaster. I don’t know lapsed prices but also with what I call account for 84 percent of all the world’s of any better proof for that than the the triple whammy of bad prices, bad agriculture export subsidy—we only ac- simple fact we have had to write dis- policy, and bad weather. count for 1.4 percent—just because aster bills the last 3 years to try to In my State, as in many others, they are outgunning us 60 to 1 on that cope with the wreckage that is rep- farmers have not only had to cope with measure of support, we are not going to resented by this Federal farm policy: very low prices but, in addition to that, let you go under because of a failed pol- the lowest prices in 50 years; thousands weather conditions that have dramati- icy out of Washington. of farmers being pushed off the land; an cally reduced the value of the crop These are critical times. Our major agricultural economy that is in deep even from these very low prices. competitors, the Europeans, have done trouble. I just had a farmer stop me when I everything they can to support their I hope next week, when we take a was home and tell me he was offered 75 producers. I am not being critical. I ad- vote on the Agriculture appropriations cents a bushel for his grain—75 cents a mire them. They have stood up for bill, there will be strong bipartisan bushel. their people. They understand that if support for that package, and then A lot of people wonder, what is a you just abandon them to this world when we convene next year we will bushel? We talk about these things in market, where we see catastrophic begin the debate on a new Federal farm farm terms. I think many people in the prices, what that will mean is an exo- policy, one that recognizes that our country have no idea what a bushel dus from the rural parts of Europe, just major competitors are on the move. represents. A bushel is almost 60 as we are seeing that kind of cir- They are on the march. They have a pounds. Can you imagine getting 75 cumstance in America. We are seeing strategy. They have a plan. They have cents for that product? That is ruinous. thousands of farm families leave the an intention to dominate world agri- That is confiscatory. And it will drive land because the economics just don’t cultural trade, and we have an obliga- thousands of farm families into bank- work. tion to fight back, to give our pro- ruptcy if there is not a response. We obviously need this rescue pack- ducers, our farmers a fair fighting Thankfully, each of the last 3 years, age. We need this assistance. More chance. there has been a Federal response. than that, we need a new farm policy, So far we have said to our farmers, Three years ago, I am proud to say, the one for the longer term, one that rec- you go out there and compete against first amendment was mine, offered ognizes what is happening in world ag- the French farmer or the German farm- with Senator DORGAN, to begin to re- riculture, one that understands the Eu- er. And while you are at it, you take on spond to this crisis of collapsed prices. ropeans are supporting their producers the French Government and the Ger- That developed into a $6 billion assist- at a rate of $300 an acre on average man Government, too. That is not a ance package. while we support our producers at a fair fight. Our producers can compete Last year, we had another package. rate of $30 an acre on average. It is no against any producers anywhere in the Senator GRASSLEY of Iowa and I offered wonder that Europe is moving up in world, but only if they have a level the only bipartisan package of assist- world market share and we are moving playing field, only if it is a fair fight. ance, and it formed the basis for what down because our friends in Europe are They can’t win if the deck is stacked was agreed to, an $8.7 billion package. doing it the old-fashioned way—they against them. That is precisely what is This year, for the third year in a row, are going out and buying markets that happening now. The deck is stacked we have already passed, and the Presi- have traditionally been ours. They against our producers in a way that is dent has signed into law, a package of have a strategy; they have a plan. devastating. $7.2 billion of assistance, again to off- Their plan is to dominate world agri- It reminds me of the cold war, where set these collapsed prices. But since cultural trade. They are putting the we built up to build down. I believe we that package was passed and signed money up to do it. have to follow that same principle in October 13, 2000 CONGRESSIONAL RECORD — SENATE S10523 this trade confrontation with Europe. little annoying when I was 8 or 9 years to the point of unaffordability for aver- We have to add resources to force them old while swatting them too close to age Americans. During a time when we to the table to negotiate to level the the patrons sitting at the little tables are experiencing unprecedented eco- playing field so our producers are not where they got sodas. Later, I had the nomic growth, it is not uncommon to at this extraordinary disadvantage great thrill of being able to stand be- hear of patients who cut pills in half, where Europe spends $300 an acre on hind the pharmacy’s soda fountain and or skip dosages in order to make pre- average to support their producers make sundaes and all sorts of things. It scriptions last longer, because they while we spend $30, where the Euro- was a wonderful experience. can’t afford the refill. Prescription peans account for 84 percent of all the But what I learned more than any- medicines have revolutionized the world’s agricultural export subsidy thing else was the importance of a treatment of certain diseases, but they while we account for only 1.4 percent, pharmacy to a small town. In those are only effective if patients have ac- outgunned 60 to 1. It is pretty hard to days, it was probably as much of the cess to the medicines that their doc- win a fight when you are outgunned 60 health care plan as you could get, tors prescribe. The fact is, failure to to 1 or 10 to 1. It makes it virtually im- along with the local doctor. The phar- take certain medicine can be just as possible for our very efficient pro- macy was your health care, unless you deadly as taking the wrong pill. ducers, very hard-working people, to got really sick and you would go to the Today we are confounded by the have any kind of a chance. hospital. But more people came in to question: Why do drugs cost so much These are the harsh realities of what get advice from the pharmacist as to more in the U.S. than in Canada or is occurring in world agriculture. I what they should take for this or for abroad? It’s a good question—one for hope next week, when that bill comes that. Things went along very fine for which the drug companies don’t have before the Chamber, we will stand up many years. any good answers. and vote aye. I hope when we start next As time went on, my uncle died. My It’s true that these companies are year the debate and discussion about a aunt, who was not a pharmacist, was making some miraculous break- new farm bill, we will recognize the working the drugstore and she had to throughs. But why must Americans harsh realities of what is happening in hire a pharmacist to do that work. Un- have to shoulder seemingly the entire these world agricultural markets. fortunately, she died. When she died, burden of paying for research, develop- I yield the floor and suggest the ab- the question was, Who is going to get ment and a healthy return to share- sence of a quorum. the drugstore and the property? I took holders? The PRESIDING OFFICER. The the position that I would be willing to I believe it is time we put an end to clerk will call the roll. sell it to the pharmacist. I got it ap- this unfair burden. I don’t think it is The assistant legislative clerk pro- praised, and a price was set. He said, fair to expect Americans, especially ceeded to call the roll. ‘‘I’m sorry, but I’m going to go down your senior citizens living on fixed in- Mr. JEFFORDS. Mr. President, I ask the street and open a pharmacy and I comes, to pay the highest costs in the unanimous consent that the order for will run you out of business.’’ I said, world for prescription medicines, many the quorum call be rescinded. ‘‘Okay, go right ahead’’—because I am of which are manufactured within our The PRESIDING OFFICER (Mr. BEN- a stubborn Vermonter—‘‘I will run you borders. NETT). Without objection, it is so or- out of business.’’ So I had to go around That’s why more than a year ago I dered. the State and find a pharmacist. So we started working with the Food and Mr. JEFFORDS. Mr. President, I kept the competition going. Drug Administration (FDA), the agen- come to the floor today to urge my col- I finally sold the drugstore for twice cy responsible for overseeing the safety leagues to support the Agriculture ap- what he wanted to pay, and I learned of the drug supply in this country, to propriations conference report that important things such as if you want a see if there were a way we could safely will be considered by this body in the generic aspirin, you can look right reimport prescription medicines into next few days. I think it is a good bill next to the Bayer aspirin, and you will our country. with a number of desperately needed find an aspirin that is identical but in In July, on an overwhelming vote of aid provisions for our Nation’s farmers. a different bottle, and it is cheaper. I 74–21, the United States Senate agreed The provisions included in the bill for have used that knowledge all through to an amendment I offered, based on S. prescriptions are also desirable. the years to save a buck on aspirin and 2520, cosponsored by Senators First, though, I want to talk a little other things. Many useful lessons have WELLSTONE, DORGAN, SNOWE, COLLINS, about my own family history and why come from that experience. and others, to do just that. Impor- I am so proud and honored to be the What I also understood by being near tantly, for the first time, we had devel- author of the legislation with respect the Canadian border was what it meant oped and passed a proposal that did to prescription drugs and pharmacies. to that pharmacist in recent years. The not, in the eyes of FDA, present public My family, on the Jeffords side, came drugs his pharmacy purchased cost health and safety concerns. This was to Vermont back in 1794. At least, that twice as much as the pharmacist paid critical to me, because we have the is the first time they bought a piece of across the border in Canada. gold standard in the U.S. when it land. They settled in the northern part It is more than just a casual knowl- comes to drug safety, and I don’t want of Vermont up on the Canadian border. edge that led me to become deeply in- to do anything to undermine it. Gradually, they moved down to a com- volved in the bill which we now have as Over the past few months, the drug munity a little further south, about 20, part of the appropriations bill. companies have waged a furious cam- 30 miles from the Canadian border. The I thank Senator SPECTER and Chair- paign against my amendment, taking family ran a drugstore in Enosberg man COCHRAN for their very kind words out advertisements and sending legions Falls called Jeffords Drug Store for about me and my work in this area. I of lobbyists to Capitol Hill to argue over a hundred years. deeply appreciate that. that it would undermine safety. I don’t I remember the summers so vividly. Mr. JEFFORDS. Mr. President, I come think my amendment will undermine We always spent 2 weeks in Enosberg to the floor today to urge my col- safety, but I do think it will undermine Falls, spent a week on the family farm, leagues to support the Agriculture Ap- the price Americans pay for prescrip- and then spent a week down in town propriations Conference Report that tion drugs. with Roger Pratt and Cora Pratt, my will be considered by this body within I was heartened by the positive uncle and aunt who ran the drugstore. the next few days. I think it is a good movement in the Clinton administra- I remember some wonderful times bill, with a number of desperately tion over the past few weeks, from neu- there. I could go up to the soda foun- needed aid provisions for our nation’s trality in July to outright support for tain, without having to do anything, farmers. But today I would like to ad- my amendment, provided Congress and I could get a soda. Sometimes, I dress the Prescription Drug Importa- gave enough money—$23 million this would be given the job of trying to tion provision included in the bill. year—to FDA to carry out its respon- swat the flies and keep the flies away. We are all familiar with the problem. sibilities. Congress has agreed to do so, That was before we had insecticides. I The cost of drugs, as a percentage of and if my proposal works out as I hope, know sometimes I would probably get a our health care dollar, is skyrocketing it will be a small price to pay on the S10524 CONGRESSIONAL RECORD — SENATE October 13, 2000 potential billions of dollars that Amer- something about what they think the would establish a new safety system in- icans will save on prescription drug effect will be of this provision. tended to track these imports and test them costs. Mr. President, I must say—I am dis- for authenticity and degradation. Before this The negotiators for the House and appointed with how partisan this issue provision could take effect, the Secretary of Health and Human Services would be re- Senate on the agriculture appropria- has become, and I am disappointed that quired to certify that the regulations would, tions bill have completed their work. the White House has moved the goal first, pose no risk to the public health; and, Unfortunately, the process used in posts on this issue. In fact, I’d like to second, significantly decrease prices paid by reaching this agreement was marred by quote from the letter that President consumers. With these protections in place partisanship. But the product is as Clinton sent to Speaker HASTERT and and the $23 million necessary to implement strong as the one endorsed by the Clin- Majority Leader LOTT less than 3 them, this legislation would meet the test ton administration, and even stronger weeks ago. In that letter, he said ‘‘I that we both believe is crucial—preserving the safety of America’s drug supply. in some respects. support the Medicine Equity and Drug Although your letter implies support for The proposal before Congress, while Safety Act of 2000 which the Senate legislation similar to the Senate-passed bill, slightly different from my plan, is a passed’’ and ‘‘I urge you to send me the I am concerned by its statement that seniors strong and workable proposal. Critics Senate legislation—with full funding.’’ would ‘‘buy lower-priced drugs in countries have argued that the proposal has been Mr. President, that is exactly what we like Canada’’ [emphasis added]. Of course, weakened because it allows drug com- are doing, except that the bill we are few seniors live near the Canadian or Mexi- panies to frustrate the intent through sending the President is even stronger can borders and even fewer can afford to manipulations of sales contracts. The than the original language. cross the border in search of lower-price But I am glad that the President has drugs. Moreover, policies like the House’s fact is, this bill is stronger than either Coburn amendment would strip the FDA of the House-passed or Senate-passed said he will sign the bill. I think this is all of its ability to monitor safety and pre- versions because it includes a clear because he knows that, at the end of vent seniors from buying counterfeit drugs, prohibition of such agreements—some- the day, this provision will work, de- putting their health in danger and their fi- thing that was missing in the House spite all of the political rhetoric. nances at risk. and Senate bills. I urge my colleagues to support this I urge you to send me the Senate legisla- Critics have claimed that the latest provision and support this Agriculture tion—with full funding—to let wholesalers version of the bill contains a loophole appropriations conference report. and pharmacists bring affordable prescrip- I also would like to discuss the chart tion drugs to the neighborhoods where our regarding the labeling requirements. seniors live. Though this initiative does not The fact is, the bill requires manufac- that is behind me that very succinctly address seniors’ most important need—mean- turers to provide all necessary labeling asks and answers questions about the ingful insurance to cover the costs of expen- information, and gives the FDA very differences between the House amend- sive medications—it still has real potential broad power to write any other rules ment, the Senate amendment, and the to allow consumers to access prescription necessary to accomplish the intent of conference agreement. drug discounts. the provision. How much stronger can I think you will find by just looking I remain concerned that with less than one week left in this fiscal year, Congress has we get than that. at the complete list on the conference agreement, the important improve- not passed eleven of thirteen appropriations Critics have claimed that the bill un- bills; Congress has not raised the minimum fairly restricts the countries from ments that were made as it wondered wage; and Congress has not passed a strong, which these products may come. The through the normal legislative process enforceable patients’ bill of rights. And, ac- fact is that the bill lists 23 countries to which we all have to follow. cording to your letter, the congressional start the process, and lets the FDA ex- I ask unanimous consent a letter leadership has given up on passing a mean- pand the list at any time. from the White House of September 25 ingful, affordable and optional Medicare pre- Critics have complained that this bill be printed in the RECORD. scription-drug benefit. I am extremely disappointed by your deter- will expire after about 7 years. There being no objection, the letter was ordered to be printed in the mination that it is impossible to pass a vol- The fact is that this is a vast im- untary Medicare prescription-drug benefit provement over the House-passed RECORD, as follows: this year. I simply disagree. There is indeed version which would have expired after THE WHITE HOUSE, time to act, and I urge you to use the final only one year. As we all know, major Santa Fe, September 25, 2000. weeks of this Congress to get this important legislation is frequently required to be DEAR MR. SPEAKER: (DEAR MR. LEADER:) In work done. It is the only way we can ensure reauthorized on 5 year cycles in order your letter, you outlined a number of health rapid, substantial and much-needed relief care issues that you indicated could be re- from prescription drug costs for all seniors to force Congress to make improve- solved before Congress adjourns. I want to be ments, and popular laws always survive and people with disabilities, including low- equally clear about my priorities and hopes income beneficiaries. this process. for progress this fall. As the days dwindle in On the issue of the Medicare lock-box, I This bill, like any other, is not per- this session of Congress, I am seriously con- have endorsed the Vice President’s initia- fect. But critics are wrong to suggest cerned about the lack of movement on some tive, which has been effectively embodied in that it is weaker than the original Jef- of our most important issues. I am, however, Senator Conrad’s amendment that passed on fords amendment. I ought to know. encouraged to learn from your letter that the Labor-Health and Human Services appro- And so should John Rector, senior vice the Republican leadership is now committed priations bill. I am therefore encouraged by president for the National Community to providing Americans with access to pre- your commitment to passing this legislation; scription drugs available at lower cost from but we must still make all efforts to ensure Pharmacists Association who has been other countries. that the Medicare payroll taxes in the a leader in the effort to reimport lower As you know, our people are growing more lockbox are used solely for Medicare. cost drugs and whose members would and more concerned that the pharmaceutical Similarly, I am pleased to learn of your be responsible for making this proposal industry often sells the same drugs for a commitment to pass a greatly-needed pack- work. much higher price in the United States than age of Medicare and Medicaid health care Mr. Rector recently took the position it does in other countries, even when those provider payment and beneficiary refine- that the bill, ‘‘will result in the impor- drugs are manufactured here at home. This ments. As you know, I proposed such refine- tation of far less expensive drugs.’’ forces some of our most vulnerable citizens, ments in my budget and in my June Mid-Ses- including seniors and people with disabil- sion Review. This includes payment in- Might the drug companies try to ities, to pay the highest prices for prescrip- creases for hospitals, home health agencies, evade the spirit of this legislation? tion drugs in the world. This is simply unac- nursing homes and other providers as well as some probably will. Have we antici- ceptable. access to Medicaid for legal immigrants, cer- pated every action they might take? Of That is why I support the ‘‘Medicine Eq- tain uninsured women with breast cancer, course not. uity and Drug Safety Act of 2000,’’ which the and children with disabilities; extended But I am confident that our proposal Senate passed by an overwhelming vote of 74 Medicare coverage for people with disabil- will work, and that the process has im- to 21. This important legislation would give ities; an extension of the Balanced Budget proved it. That is why the pharma- Americans access to quality medications at Act’s diabetes provisions; and full funding the lower prices paid by citizens in other na- for the Ricky Ray Trust Fund. ceutical industry is fighting this tooth tions. The Senate bill, sponsored by Senators Again, I am pleased to learn of your com- and nail—they know it will work. They JEFFORDS, WELLSTONE, DORGAN and others, mitment to providing Americans with access would like nothing more than to see us would allow wholesalers and pharmacists to to high-quality, lower cost prescription defeat this bill. That should tell you import FDA-approved prescription drugs and drugs from other nations. There is no reason October 13, 2000 CONGRESSIONAL RECORD — SENATE S10525 why we cannot work together to pass and in my power to achieve that end, and I look comparison, which is the chart I have enact such legislation immediately. As we forward to meeting with you on these issues behind me. do, we should not give up on passing both a as soon as possible. workable, affordable and voluntary Medicare Sincerely, There being no objection, the mate- prescription-drug benefit for our nation’s WILLIAM J. CLINTON. rial was ordered to be printed in the seniors and a meaningful patients’ bill of Mr. JEFFORDS. I ask unanimous RECORD, as follows: rights for all Americans. I will do everything consent to have printed a side-by-side SIDE-BY-SIDE COMPARISON OF PRESCRIPTION DRUG IMPORT PROVISIONS IN AGRICULTURE APPROPRIATIONS BILL

Coburn and Crowley Amend’t (passed 370–12, 363–12 on 1/10/ Jeffords Amendment (Supported by President Clinton and Conference Agreement 00) passed 74–21 on 7/19/00)

Duration ...... 1 year ...... Permanent ...... Approx. 7 yrs (5 yrs from implementation). Safety Provisions ...... No provision ...... FDA testing regulations & discretion to require other safety Same as Jeffords Amendment, plus FDA can stop imports of counterfeit products. measures. Scope of allowable countries exporting Coburn bill: Can. & Mex. and FDA’s discretion ...... 7 major developed countries, plus European Union & European economic area, plus list is drugs to U.S.. Crowley bill: any country. expanded at any time by FDA. Limit on Contracts that Frustrate Intent ..... No provision ...... No provision ...... Bars contracts or agreements preventing sales or distribution to importers. Labeling Requirements...... No provision ...... Manufacturer must give information needed to ‘‘confirm Same as Jeffords amendment, plus FDA has broad power to do whatever is necessary to that the labeling meets the requirements of this Act’’. facilitate imports. Funding ...... No provision ...... No provision ...... $23 Million. Restrict imports of controlled substances .. No provision ...... No provision ...... Prohibits importation of controlled substances listed on Schedules I, II, III. Charitable contributions ...... No provision ...... No provision ...... Excludes charitable contributions from importation, eg. AIDS drugs to Africa. Sanctions ...... No provision ...... Withdrawal of product for manufacturer noncompliance ...... 10 years in jail for CEO, and $25,000 fine if manufacturer is noncompliant. Reporting Requirements ...... No provision ...... Extensive requirements that assure FDA tracking of bad Same as Jeffords Amendment. drugs and ensure that savings are passed on to con- sumers. FDA warning letters ...... No provision ...... No provision ...... Prohibit FDA from unfairly harassing Americans for purchasing safe drugs in Canada, Mexico and elsewhere. Source: Office of Senator James Jeffords. COMPARISON OF PRESCRIPTION DRUG IMPORT PROVI- in the agriculture economy, will also Perhaps even more pivotal, this lan- SIONS IN AGRICULTURE APPROPRIATIONS BILL, H.R. benefit from $50 million in relief. guage prohibits the Administration 4461 In response to the other natural dis- from imposing any new unilateral food asters that have plagued our nation, or medicine sanctions without the con- Con- $3.4 billion in emergency spending is House Senate ference sent of Congress. What with the Ad- amend- amend- included for farmers and rural areas ment ment agree- ministration considering wheat sanc- ment that have already experienced contin- tions on Japan for that country’s whal- Effective for longer than 1 year ...... None ✔✔ued low farm commodity prices. ing practices, I hope this change in pol- Safety testing and tracking ...... None ✔✔ While the core issues in the bill are List of initial eligible countries of origin icy will be supported by agriculture ad- to be expanded by FDA ...... None None ✔ of great significance, there are two vocates. This is another significant Outlaw agreements that bar reimports ... None None ✔ other issues in the conference report I goal the sanctions coalition has sought Requires proper labeling ...... None ✔✔wish to highlight. Both the sanctions Funding ...... None None ✔ to attain. Restrict imports of controlled substances None None ✔ relief and drug re-importation provi- I choose not to argue with my col- Incentive for charitable contributions ..... None None ✔ sions deserve the Senate’s support. Sanctions ...... None ✔✔ leagues over the merits of the Cuba Reporting Requirements ...... None ✔✔ With respect to sanctions relief, I be- travel or financing restrictions con- Prohibit unfair harassment by FDA for lieve few members of Congress would ✔ tained in the bill, but instead choose to Personal Imports ...... None None argue that food and medicine sanctions remind my colleagues that we have ac- Source: Committee on Health, Education, Labor, and Pensions. fail to cripple regimes or handicap the complished something great here. ability of dictators to simply find these Mr. JEFFORDS. Mr. President, I While this compromise does not re- goods elsewhere. What sanctions on yield the floor. flect everything we intended when we food and medicine do promote are un- Mr. GORTON. Mr. President, as ex- sought to achieve our goals, it does compensated losses to America’s farm- pected, Chairman COCHRAN and Senator contain the core principles necessary ers and poor health in sanctioned coun- KOHL have once again crafted an excel- in order to ensure unilateral sanctions lent Agriculture Appropriations bill tries. For more than a year-and-a-half, reform. And I remind my colleagues that benefits not only the State of that it is a compromise. Washington, but natural resource de- many members of this body have fought to right this situation and re- It’s not perfect. It’s a starting point, pendent communities and rural econo- move these onerous barriers. Obviously a means by which we test the system. mies all across the nation. our efforts to provide a comprehensive If the changes we have incorporated For my own State of Washington, package of sanctions reform has been into this bill aren’t workable, then we this equates to more than $5 million in met with determined resistance. will work to change them. essential research programs for wheat, With that said, however, the com- No one in this body believes agri- apples, asparagus, animal diseases, promise my friend and colleague from culture trade will resurrect with each small fruits, barley and potatoes to Washington, Mr. Nethercutt, brokered of these countries overnight. Will Iran name a few. I have long advocated for to the best of his ability, without ever announce a wheat tender in the next increased emphasis on agriculture re- losing sight of the common goal of few months? Few years? We cannot search, noting that projects such as sanctions relief, and to the severe cha- tell. Sanctions reform will take work, these advance the development of new grin of several influential members, and it will take time. But we must technology, generate healthy food sys- was agreed to by the Agriculture Ap- begin somewhere and we must begin tems, promote environmentally sound propriations conference committee, of now rather than later. growing practices, and maintain the which I was a member. I fear some of my colleagues have U.S. dominance in agriculture produc- While some will argue that this com- lost sight of the ultimate goal, and I tion. promise is not comprehensive enough hope they and the Administration Also included in the legislation are and does not perfectly mirror the lan- would not seek to undermine the lan- the indispensable relief funds necessary guage of the original Senate bill, this guage our agriculture community sup- to ensure the longevity of the once language is unquestionably significant. ports and desires. highly profitable and prosperous tree What the language does include is As a representative for a Northern fruit industry in Washington. The $138 sanctions relief for exports to Cuba, border state, I have been privy to million in direct payments to apple Iran, Sudan, North Korea, and Libya. If issues surrounding drug prices. Every- producers will provide necessary short- my colleagues believe this major shift day Americans pay 50 percent, 60 per- term relief favored by Washington’s or- in policy does not make a positive cent, 70 percent or more for prescrip- chardists. statement regarding Congress’ intent tion drugs than our neighbors in Can- The cranberry industry, lesser known to provide sanctions reform, I think ada, in Mexico and for that matter to most but still one of the hardest hit they are sadly mistaken. most of the rest of the world. Who does S10526 CONGRESSIONAL RECORD — SENATE October 13, 2000 this affect most? Those who take the But this bill is something that can be bill, and I further ask consent that the most prescription drugs—typically sen- done this year to lower prices for bill be read a third time and passed, iors, and those without any kind of American consumers. I believe it rep- the motion to reconsider be laid upon prescription drug coverage from their resents a genuine step forward to lower the table, and any statements related insurance. But all Americans pay more prescription drug costs for all Ameri- to the bill be printed in the RECORD whether through higher prices at the cans. The PRESIDING OFFICER. Is there drugstore counter or higher insurance With all that said, the bill before the objection? premiums. Senate not only represents a response Mr. CONRAD. Again, there are Mem- Why does this problem exist? Amer- to the core needs of agriculture, but bers on this side who would like to ican pharmaceutical companies sell the signifies a profound shift in sanctions offer amendments to that legislation, exact same prescription drugs overseas, reform, and puts the drug companies and on their behalf I am constrained to drugs developed and manufactured here on notice. While I have indicated that object. in the U.S., for a fraction of the price neither proposal represents perfection, The PRESIDING OFFICER. The ob- they demand from American citizens. what each does signify is the goal of jection is heard. Other countries have implemented Congress to address issues vital to Mr. LOTT. On this bill, Mr. Presi- price control policies that successfully those we represent. I sincerely hope my dent, we will continue working to see if tempt manufacturers to discriminate colleagues will work to pass this bill we can come to some sort of agreement against American consumers with without hesitation. on how it might be considered. I have a higher drug prices. Our drug companies Mr. JEFFORDS. I suggest the ab- special interest in this one because agree because the costs of manufac- sence of a quorum. a former staff member of mine—now turing are nominal, and they can make The PRESIDING OFFICER. The an outstanding Member of the House some profit overseas by simply charg- clerk will call the roll. of Representatives—Congressman ing Americans all of the high costs of The assistant legislative clerk pro- CHARLES ‘‘CHIP’’ PICKERING of Laurel, research and development. ceeded to call the roll. has been working on this and got it This bill takes a first step towards Mr. LOTT. Mr. President, I ask unan- passed through the House. I will con- solving this problem. It allows whole- imous consent that the order for the tinue to see if we can find some way to salers and pharmacists to go to Canada quorum call be rescinded. get it passed before we leave. and other countries where prescription The PRESIDING OFFICER. Without f drugs are sold at deep discounts and objection, it is so ordered. bring the same FDA-approved, FDA- Mr. LOTT. Mr. President, we do have CALENDAR manufactured products back to the a number of items that have been Mr. LOTT. Mr. President, with re- U.S. in order to pass the discounts on cleared for consideration, including in gard to the energy bills and water-re- to American consumers. this package a series of energy bills lated package, I ask unanimous con- It is important to note that safety is that Senator DASCHLE and I talked sent that the Senate proceed en bloc to a priority in this bill. Only products the following bills reported by the En- that have been determined to be safe about yesterday on the floor. There are ergy Committee: Calendar No. 710, S. and effective can be brought into the a number of Senators who have been 2425; Calendar No. 774, H.R. 2348; Cal- United Sates. The importer is required involved in this effort. I thank them endar No. 776, H.R. 3468; Calendar No. to test for authenticity and degrada- all. This is important legislation. 849, S. 2594; Calendar No. 853, S. 2951; tion. And importers can only bring in We do have a number of other unani- Calendar No. 856, H.R. 3236; Calendar these products from countries that the mous consent requests we will need to No. 857, H.R. 3577; Calendar No. 882, S. Secretary of HHS has determined have go through. It will take a few minutes. 1848; Calendar No. 883, S. 2195; Calendar an appropriate regulatory infrastruc- There are a lot of very important ture to ensure the safety of prescrip- issues here. Most of them have been No. 884, S. 2301; Calendar No. 900, S. tion drugs. cleared on both sides. There may be a 2877; Calendar No. 929, S. 3022; Calendar This provision should give our Amer- couple here that there will be objec- No. 935, S. 1697; and Calendar No. 938, S. ican families access to lower cost pre- tions to, but there is a necessity to 2882. scription drugs that are safe and effec- make that request. I further ask unanimous consent that tive. f the committee amendments be agreed Is it perfect? Probably not. But, I to, the bills be read the third time and UNANIMOUS CONSENT REQUEST— passed, any amendments to the title be hope it will work and I hope it results H.R. 4292 in lower prices for consumers in the agreed to as necessary, the motion to U.S. and eventually puts pressure on Mr. LOTT. I ask unanimous consent reconsider be laid upon the table, and drug companies to end price discrimi- that the Senate now proceed to the statements relating to any of these nation in the U.S. Critics say the bill consideration of H.R. 4292, the Born measures be printed in the RECORD, and has loopholes and drug companies will Alive Infant Protection Act of 2000. all proceedings occur en bloc. find a way around it. Let me be clear— Mr. LOTT. I further ask consent that The PRESIDING OFFICER. Without if they do I will be back to make sure the bill be read a third time and objection, it is so ordered. this provision is even stronger. I hope passed, the motion to reconsider be f that is not necessary, that drug compa- laid upon the table, and any state- ments relating to the bill be printed in BEND FEED CANAL PIPELINE nies will simply end the current dis- PROJECT ACT OF 2000 crimination against Americans by the RECORD charging fair prices here in the United The PRESIDING OFFICER. Is there The Senate proceeded to consider the States. objection? bill (S. 2425) to authorize the Bureau of This is not my favorite idea for deal- Mr. CONRAD. There are Members on Reclamation to participate in the plan- ing with price discrimination. It is a our side who would like to offer amend- ning, design, and construction of the much more complicated solution than I ments, and on their behalf I am con- Bend Feed Canal Pipeline Project, Or- would prefer. strained to object at this point. egon, and for other purposes, which had My idea is straightforward and based The PRESIDING OFFICER. The ob- been reported from the Committee on on a law that has applied to every jection is heard. Energy and Natural Resources, with an product sale in the U.S. since 1935—the f amendment; as follows: Robinson-Patman Act. This law simply (Omit the part in boldface brackets.) says that manufacturers can’t use UNANIMOUS CONSENT REQUEST— H.R. 4201 S. 2425 price to discriminate among buyers. If Be it enacted by the Senate and House of Rep- that principle is applied to prescription Mr. LOTT. Mr. President, I ask unan- resentatives of the United States of America in drug sales overseas—drug companies imous consent that the Senate proceed Congress assembled, would no longer be allowed to discrimi- to the consideration of Calendar No. SECTION 1. SHORT TITLE. nate against their best customers— 779, H.R. 4201, the Noncommercial This Act may be cited as the ‘‘Bend Feed American families. Broadcasting Freedom of Expression Canal Pipeline Project Act of 2000’’. October 13, 2000 CONGRESSIONAL RECORD — SENATE S10527 SEC. 2. FEDERAL PARTICIPATION. Basins, was considered, ordered to a attempts to enlarge the right of the United (a) The Secretary of the Interior, in co- third reading, read the third time, and States, under existing law, to control any operation with the Tumalo Irrigation Dis- passed. water in any State. trict (referred to in this section as the ‘‘Dis- ø(c) FUNDS RECEIVED AVAILABLE FOR OPER- f trict’’), is authorized to participate in the ATION AND MAINTENANCE.— planning, design, and construction of the DUSCHENE CITY WATER RIGHTS ø(1) IN GENERAL.—Any funds received by Bend Feed Canal Pipeline Project, Oregon. CONVEYANCE ACT the United States under a contract under (b) The Federal share of the costs of the subsection (a) shall be available for expendi- project shall not exceed 50 per centum of the The bill (H.R. 3468) to direct the Sec- ture for operation and maintenance of the total, and shall be non-reimbursable. The retary of the Interior to convey certain project without further Act of appropriation. District shall receive credit from the Sec- water rights to Duschene City, Utah, ø(2) REVENUE.—Any amount of funds re- retary toward the District’s share of the was considered, ordered to a third read- ceived by the United States under a contract project for any funds the District has pro- ing, read the third time, and passed. under subsection (a) that is in excess of the vided toward the design, planning or con- amount of funds needed for operation and struction prior to the enactment of this Act. f maintenance of the project shall be applied (c) Funds received under this Act shall not MANCOS WATER CONSERVANCY against the repayment contract of the be considered a supplemental or additional project.¿ DISTRICT benefit under the Act of June 17, 1902 (82 The committee amendment was Stat. 388) and all Acts amendatory thereof or The Senate proceeded to consider a agreed to. supplementary thereto. bill (S. 2594) to authorize the Secretary (d) Title to facilities constructed under The bill (S. 2594), as amended, was of the Interior to contract with the read the third time, and passed, as fol- this Act will be held by the District. Mancos Water Conservancy District to (e) Operations and maintenance of the fa- lows: use the Mancos Project facilities for cilities will be the responsibility of the Dis- S. 2594 trict. impounding, storage, diverting, and carriage of nonproject water for the Be it enacted by the Senate and House of Rep- (f) There are authorized to be appropriated resentatives of the United States of America in $2.5 million for the Federal share of the ac- purpose of irrigation, domestic, munic- Congress assembled, tivities authorized under this Act. ipal, industrial, and any other bene- ø(g) The Bureau of Reclamation shall not SECTION 1. CARRIAGE OF NONPROJECT WATER ficial purposes, which had been re- BY THE MANCOS PROJECT, COLO- charge the District more than one percent of ported from the Committee on Energy RADO. the project cost for carrying out administra- and Natural Resources, with an amend- (a) SALE OF EXCESS WATER.— tive or oversight activities under this Act.¿ ment; as follows: (1) IN GENERAL.—In carrying out the Act of The committee amendment was [Omit the part in bold face brackets.] August 11, 1939 (commonly known as the agreed to. ‘‘Water Conservation and Utilization Act’’) S. 2594 The bill (S. 2425), as amended, was (16 U.S.C. 590y et seq.), if storage or carrying read the third time, and passed, as fol- Be it enacted by the Senate and House of Rep- capacity has been or may be provided in ex- resentatives of the United States of America in lows: cess of the requirements of the land to be ir- Congress assembled, rigated under the Mancos Project, Colorado S. 2425 SECTION 1. CARRIAGE OF NONPROJECT WATER (referred to in this Act as the ‘‘project’’), the Be it enacted by the Senate and House of Rep- BY THE MANCOS PROJECT, COLO- Secretary of the Interior may, on such terms resentatives of the United States of America in RADO. as the Secretary determines to be just and Congress assembled, (a) SALE OF EXCESS WATER.— equitable, contract with the Mancos Water SECTION 1. SHORT TITLE. (1) IN GENERAL.—In carrying out the Act of Conservancy District and any of its member This Act may be cited as the ‘‘Bend Feed August 11, 1939 (commonly known as the unit contractors for impounding, storage, di- Canal Pipeline Project Act of 2000’’. ‘‘Water Conservation and Utilization Act’’) verting, or carriage of nonproject water for (16 U.S.C. 590y et seq.), if storage or carrying irrigation, domestic, municipal, industrial, SEC. 2. FEDERAL PARTICIPATION. capacity has been or may be provided in ex- and any other beneficial purposes, to an ex- (a) The Secretary of the Interior, in co- cess of the requirements of the land to be ir- tent not exceeding the excess capacity. operation with the Tumalo Irrigation Dis- rigated under the Mancos Project, Colorado (2) INTERFERENCE.—A contract under para- trict (referred to in this section as the ‘‘Dis- (referred to in this Act as the ‘‘project’’), the graph (1) shall not impair or otherwise inter- trict’’), is authorized to participate in the Secretary of the Interior may, on such terms fere with any authorized purpose of the planning, design, and construction of the as the Secretary determines to be just and project. Bend Feed Canal Pipeline Project, Oregon. equitable, contract with the Mancos Water (3) COST CONSIDERATIONS.—In fixing the (b) The Federal share of the costs of the Conservancy District and any of its member charges under a contract under paragraph project shall not exceed 50 per centum of the unit contractors for impounding, storage, di- (1), the Secretary shall take into total, and shall be non-reimbursable. The verting, or carriage of nonproject water for consideration— District shall receive credit from the Sec- irrigation, domestic, municipal, industrial, (A) the cost of construction and mainte- retary toward the District’s share of the and any other beneficial purposes, to an ex- nance of the project, by which the non- project for any funds the District has pro- tent not exceeding the excess capacity. project water is to be diverted, impounded, vided toward the design, planning or con- (2) INTERFERENCE.—A contract under para- stored, or carried; and struction prior to the enactment of this Act. graph (1) shall not impair or otherwise inter- (B) the canal by which the water is to be (c) Funds received under this Act shall not fere with any authorized purpose of the carried. be considered a supplemental or additional project. (4) NO ADDITIONAL CHARGES.—The Mancos benefit under the Act of June 17, 1902 (82 (3) COST CONSIDERATIONS.—In fixing the Water Conservancy District shall not impose Stat. 388) and all Acts amendatory thereof or charges under a contract under paragraph a charge for the storage, carriage, or deliv- supplementary thereto. (1), the Secretary shall take into ery of the nonproject water in excess of the (d) Title to facilities constructed under consideration— charge paid to the United States, except to this Act will be held by the District. (A) the cost of construction and mainte- such extent as may be reasonably necessary (e) Operations and maintenance of the fa- nance of the project, by which the non- to cover— cilities will be the responsibility of the Dis- project water is to be diverted, impounded, (A) a proportionate share of the project trict. stored, or carried; and cost; and (f) There are authorized to be appropriated (B) the canal by which the water is to be (B) the cost of carriage and delivery of the $2,500,000 for the Federal share of the activi- carried. nonproject water through the facilities of ties authorized under this Act. (4) NO ADDITIONAL CHARGES.—The Mancos the Mancos Water Conservancy District. f Water Conservancy District shall not impose (b) WATER RIGHTS OF UNITED STATES NOT COST SHARING FOR THE ENDAN- a charge for the storage, carriage, or deliv- ENLARGED.—Nothing in this Act enlarges or ery of the nonproject water in excess of the GERED FISH RECOVERY IMPLE- attempts to enlarge the right of the United charge paid to the United States, except to States, under existing law, to control any MENTATION PROGRAMS FOR THE such extent as may be reasonably necessary water in any State. UPPER COLORADO AND SAN to cover— f JUAN RIVER BASINS (A) a proportionate share of the project The bill (H.R. 2348) to authorize the cost; and SALMON CREEK WATERSHED OF (B) the cost of carriage and delivery of the Bureau of Reclamation to provide cost THE UPPER COLUMBIA RIVER nonproject water through the facilities of STUDY sharing for endangered fish recovery the Mancos Water Conservancy District. implementation programs for the (b) WATER RIGHTS OF UNITED STATES NOT The Senate proceeded to consider the Upper Colorado and San Juan River ENLARGED.—Nothing in this Act enlarges or bill (S. 2951) to authorize the Secretary S10528 CONGRESSIONAL RECORD — SENATE October 13, 2000 of the Interior to conduct a study to (c) COST SHARE.—The Federal Govern- The title was amended so as to read: investigate opportunities to better ment’s cost share for the feasibility study ‘‘A bill to authorize the Secretary of manage the water resources in the shall not exceed 50 percent. the Interior, pursuant to the provisions Salmon Creek watershed of the upper f of the Reclamation Wastewater and Columbia River, which had been re- WEBER BASIN WATER CONSER- Ground Water Study and Facilities Act ported from the Committee on Energy VANCY DISTRICT, UTAH CON- to participate in the design, planning, and Natural Resources, with an amend- TRACTS and construction of the Denver Water ment as follows: Reuse project.’’ The bill (H.R. 3236) to authorize the (Omit the part in boldface brackets f and insert the part printed in italic.) Secretary of the Interior to enter into S. 2951 contracts with the Weber Basin water TRUCKEE WATERSHED Be it enacted by the Senate and House of Rep- Conservancy District, Utah, to use RECLAMATION PROJECT resentatives of the United States of America in Weber Basin Project facilities for im- The Senate proceeded to consider a Congress assembled, pounding, storage, and carriage of non- bill (S. 2195) to authorize the Secretary SECTION 1. SALMON CREEK WATERSHED, WASH- project water for domestic, municipal, of the Interior, pursuant to the provi- INGTON, WATER MANAGEMENT industrial, and other beneficial pur- sions of the Reclamation Wastewater STUDY. poses, was considered, ordered to a (a) IN GENERAL.—øThe Commissioner of and Groundwater Study and Facilities Reclamation¿ The Secretary of the Interior third reading, read the third time, and Act to participate in the design, plan- may conduct a study to investigate the op- passed. ning, and construction of the Truckee portunities to better manage the water re- f watershed reclamation project for the sources in the Salmon Creek Watershed, a INCREASED AUTHORIZATION FOR reclamation and reuse of water, which tributary to the Upper Columbia River sys- had been reported from the Committee tem, Okanagoan County, Washington, so as MINIDOKA PROJECT, IDAHO to restore and enhance fishery resources (es- on Energy and Natural Resources, with The bill (H.R. 3577) to increase the an amendment, as follows: pecially the endangered Upper Columbia amount authorized to be appropriated Spring Chinook and Steelhead), while main- [Strike out all after the enacting taining or improving the availability of for the north side pumping division of clause and insert the part printed in water supplies for irrigation practices vital the Minidoka reclamation project, italic.] to the economic well-being of the county. Idaho, was considered, ordered to a SECTION 1. TRUCKEE WATERSHED RECLAMATION (b) PURPOSE.—The purpose of the study third reading, read the third time, and PROJECT. under subsection (a) shall be to derive the passed. (a) AUTHORIZATION.—The Secretary of the In- benefits of and further the objectives of the f terior, in cooperation with Washoe County, Ne- comprehensive, independent study commis- vada, may participate in the design, planning, sioned by the Confederated Tribes of the RECLAMATION WASTEWATER AND and construction of, the Truckee watershed rec- Colville Reservation and the Okanagoan Irri- GROUND WATER STUDY AND FA- lamation project, consisting of the North Valley gation District, which provides a credible CILITIES AMENDMENTS ACT Reuse Project and the Spanish Springs Valley basis for pursuing a course of action to si- Septic Conversion Project (‘‘Project’’), to reclaim multaneously achieve fish restoration and The Senate proceeded to consider a and reuse wastewater (including degraded improved irrigation conservation and effi- bill (S. 1848) to amend the Reclamation ground water) within and without the service ciency. Wastewater and Ground water study area of Washoe County, Nevada. (c) COST SHARE.—The Federal government’s and Facilities Act to authorize the Sec- (b) COST SHARE.—The Federal share of the cost share for the feasibility study shall not ex- retary of the Interior to participate in cost of the Project shall not exceed 25 percent of ceed 50 percent. the design, planning, and construction the total cost. Amend the title to read as follows: ‘‘To au- (c) LIMITATION.—Funds provided by the Sec- thorize the Secretary of the Interior to con- of the Denver Water Reuse project, retary shall not be used for the operation or duct a study to investigate opportunties to which had been reported from the Com- maintenance of the Project. better manage the water resources in the mittee on Energy and Natural Re- (d) FUNDING.—Funds appropriated pursuant Salmon Creek watershed of the upper Colum- sources, with an amendment, as fol- to section 1615 of the Reclamation Wastewater bia River.’’. lows: and Groundwater Study and Facilities Act may The committee amendment was [Strike out all after the enacting be used for the Project (106 Stat. 4663–4669, 43 agreed to. clause and insert the part printed in U.S.C. 390h et seq.), as amended. The bill (S. 2951), as amended, was italic.] SEC. 2. RECLAMATION WASTEWATER AND read the third time, and passed, as fol- GROUNDWATER STUDY AND FACILI- SECTION 1. DENVER WATER REUSE PROJECT. TIES ACT lows: (a) AUTHORIZATION.—The Secretary of the In- Design, planning, and construction of the S. 2951 terior, in cooperation with the appropriate State Project shall be in accordance with, and subject Be it enacted by the Senate and House of Rep- and local authorities, may participate in the de- to the limitations contained in, the Reclamation resentatives of the United States of America in sign, planning, and construction of the Denver Wastewater and Groundwater Study and Facili- Congress assembled, Water Reuse Project (‘‘Project’’) to reclaim and ties Act (106 Stat. 4663–4669, 43 U.S.C. 390h et SECTION 1. SALMON CREEK WATERSHED, WASH- reuse water in the service area of the Denver seq.), as amended. INGTON, WATER MANAGEMENT Water Department of the city and county of The committee amendment in the STUDY. Denver, Colorado. nature of a substitute was agreed to. (a) IN GENERAL.—The Secretary of the In- (b) COST SHARE.—The Federal share of the terior may conduct a study to investigate cost of the Project shall not exceed 25 percent of The bill (S. 2195), as amended, was the opportunities to better manage the the total cost. read the third time, and passed. water resources in the Salmon Creek Water- (c) LIMITATION.—Funds provided by the Sec- The title was amended so as to read: shed, a tributary to the Upper Columbia retary shall not be used for the operation and ‘‘A bill to authorize the Secretary of River system, Okanagoan County, Wash- maintenance of the Project. the Interior, pursuant to the provisions ington, so as to restore and enhance fishery (d) FUNDING.—Funds appropriated pursuant of the Reclamation Wastewater and resources (especially the endangered Upper to section 1615 of the Reclamation Wastewater Ground Water Study and Facilities Act Columbia Spring Chinook and Steelhead), and Groundwater Study and Facilities Act may to participate in the design, planning, while maintaining or improving the avail- be used for the Project. ability of water supplies for irrigation prac- and construction of the Truckee water- SEC. 2. RECLAMATION WASTEWATER AND shed reclamation project for the rec- tices vital to the economic well-being of the GROUNDWATER STUDY AND FACILI- county. TIES ACT. lamation and reuse of water.’’ (b) PURPOSE.—The purpose of the study Design, planning, and construction of the f under subsection (a) shall be to derive the Project authorized by the Act shall be in accord- benefits of and further the objectives of the ance with, and subject to the limitations con- RECLAMATION WASTEWATER AND comprehensive, independent study commis- tained in, the Reclamation Wastewater and GROUNDWATER STUDY AND FA- sioned by the Confederated Tribes of the Groundwater Study and Facilities Act (106 Stat. CILITIES ACT AMENDMENTS Colville Reservation and the Okanagoan Irri- 4663–4669, 43 U.S.C. 390h et seq.), as amended. The Senate proceeded to consider a gation District, which provides a credible basis for pursuing a course of action to si- The committee amendment in the bill (S. 2301) to amend the Reclamation multaneously achieve fish restoration and nature of a substitute was agreed to. Wastewater and Groundwater Study improved irrigation conservation and effi- The bill (S. 1848), as amended, was and Facilities Act to authorize the Sec- ciency. read the third time, and passed. retary of the Interior to participate in October 13, 2000 CONGRESSIONAL RECORD — SENATE S10529 the design, planning, and construction SEC. 2. STUDY. damages of any kind arising out of any act, of the Lakehaven water reclamation The Secretary of the Interior may conduct omission, or occurrence based on its prior own- project for the reclamation and reuse øa feasibility study¿ feasibility studies on ership or operation of the conveyed property. of water, which had been reported from water optimization in the Burnt River basin, SEC. 4. EXISTING RIGHTS NOT AFFECTED. Malheur River basin, Owyhee River basin, the Committee on Energy and Natural Nothing in this Act affects the rights of any and Powder River basin, Oregon. person except as provided in this Act. No water Resources, with an amendment, as fol- SEC. 3. AUTHORIZATION OF APPROPRIATIONS. rights shall be transferred, modified, or other- lows: There are authorized to be appropriated wise affected by the conveyance of facilities and [Strike out all after the enacting such sums as are necessary to carry out this interests to the Nampa and Meridian Irrigation clause and insert the part printed in Act. District under this Act. Such conveyance shall italic.] The committee amendment was not affect or abrogate any provision of any con- SECTION 1. LAKEHAVEN WATER RECLAMATION tract executed by the United States or State law agreed to. regarding any irrigation district’s right to use PROJECT. The bill (S. 2877), as amended, was (a) AUTHORIZATION.—The Secretary of the In- water developed in the facilities conveyed. terior, in cooperation with the Lakehaven Util- read the third time and passed, as fol- The committee amendment in the ity District, Washington, may participate in the lows: nature of a substitute was agreed to. design, planning, and construction of, and land S. 2877 The bill (S. 3022), as amended, was acquisition for, the Lakehaven water reclama- Be it enacted by the Senate and House of Rep- read the third time and passed. tion project (‘‘Project’’), Washington, to reclaim resentatives of the United States of America in f and reuse wastewater (including degraded Congress assembled, groundwater) within and outside the service SECTION 1. SHORT TITLE. RECLAMATION REFORM ACT OF area of the Lakehaven Utility District. This Act may be cited as the ‘‘Burnt, 2000 (b) COST SHARE.—The Federal share of the Malheur, Owyhee, and Powder River Basin cost of the Project shall not exceed 25 percent of The Senate proceeded to consider a Water Optimization Feasibility Study Act of the total cost. bill (S. 1697) to authorize the Secretary 2000’’. (c) LIMITATION.—Funds provided by the Sec- of the Interior to refund certain collec- retary shall not be used for the operation and SEC. 2. STUDY. tions received pursuant to the Rec- maintenance of the Project. The Secretary of the Interior may conduct lamation Reform Act of 1982, which had (d) FUNDING.—Funds appropriated pursuant feasibility studies on water optimization in the Burnt River basin, Malheur River basin, been reported from the Committee on to section 1615 of the Reclamation Wastewater Energy and Natural Resources, with an and Groundwater Study and Facilities Act may Owyhee River basin, and Powder River basin, be used for the Project (106 Stat. 4663–4669, 43 Oregon. amendment, as follows: U.S.C. 380h et seq.), as amended. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. [Strike all after the enacting clause SEC. 2. RECLAMATION WASTEWATER AND There are authorized to be appropriated and insert the part printed in italic.] GROUNDWATER STUDY AND FACILI- such sums as are necessary to carry out this SECTION 1. SHORT TITLE. TIES ACT. Act. This title may be cited as the ‘‘Reclamation Design, planning, and construction of the The title was amended so as to read: Reform Refund Act of 2000’’. Project shall be in accordance with, and subject ‘‘A bill to authorize the Secretary of SEC. 2. REFUND OF CERTAIN AMOUNTS RE- to the limitations contained in, the Reclamation CEIVED UNDER RECLAMATION RE- Wastewater and Groundwater Study and Facili- the Interior to conduct feasibility stud- FORM ACT OF 1982. ties Act (106 Stat. 4663–4669, 43 U.S.C. 390h et ies on water optimization in the Burnt (a) REFUND REQUIRED.—Subject to the avail- seq.), as amended. River basin, Malheur River basin, ability of appropriations, the Secretary of the Interior is authorized and directed to refund The committee amendment in the Owyhee River basin, and Powder River basin, Oregon.’’ fully amounts received by the United States as nature of a substitute was agreed to. payments for charges assessed by the Secretary The bill (S. 2301), as amended, was read f before January 1, 1994, for failure to file or the third time, and passed. NAMPA AND MERIDIAN properly file certain certification or reporting forms pursuant to sections 206 and 224(c) of the The title was amended so as to read: CONVEYANCE ACT ‘‘A bill to authorize the Secretary of Reclamation Reform Act of 1982 (43 U.S.C. 390ff, the Interior, pursuant to the provisions The Senate proceeded to consider a 390ww(c)) prior to the receipt of irrigation of the Reclamation Wastewater and bill (S. 3022) to direct the Secretary of water. Such refunds shall be made regardless of whether such payments were required by the Ground Water Study and Facilities Act the Interior to convey certain irriga- tion facilities to the Nampa and Merid- United States, were made pursuant to a com- to participate in the design, planning, promise or settlement (whether court approved and construction of the Lakehaven ian Irrigation District, which had been or otherwise), or were otherwise received by the water reclamation project for the rec- reported from the Committee on En- United States. Any refund issued pursuant to lamation and reuse of water.’’ ergy and Natural Resources, with an this subsection shall include the amount of asso- f amendment, as follows: ciated interest assessed by the Secretary and [Strike out all after the enacting paid to the United States pursuant to section BURNT, MALHEUR, OWYHEE, AND clause and insert the part printed in 224(i) of that Act (43 U.S.C. 390ww(i)). POWDER RIVER BASIN WATER italic.] (b) AUTHORIZATION OF APPROPRIATIONS.— OPTIMIZATION FEASIBILITY There are authorized to be appropriated to carry SECTION 1. SHORT TITLE. out this section such sums as necessary. STUDY ACT OF 2000 This Act may be cited as the ‘‘Nampa and Me- ridian Conveyance Act’’. The committee amendment in the The Senate proceeded to consider a nature of a substitute was agreed to. bill (S. 2877) to authorize the Secretary SEC. 2. CONVEYANCE OF FACILITIES. The bill (S. 1697), as amended, was The Secretary of the Interior (in this Act re- of the Interior to conduct a feasibility read the third time and passed. study on water optimization in the ferred to as the ‘‘Secretary’’) shall, as soon as practicable after the date of enactment of this f Burnt River basin, Malheur River Act, convey facilities to the Nampa and Merid- KLAMATH BASIN WATER SUPPLY basin, Owyhee River basin, and Powder ian Irrigation District (in this Act referred to as River basin, Oregon, which had been re- the ‘‘District’’) in accordance with all applicable ENHANCEMENT ACT OF 2000 ported from the Committee on Energy laws and pursuant to the terms of the Memo- Mr. LOTT. I ask unanimous consent and Natural Resources, with an amend- randum of Agreement (contract No. 1425– the Senate proceed to the immediate ment, as follows: 99MA102500, dated 7 July 1999) between the Sec- consideration of Calendar No. 938, S. [Omit the part in boldface brackets retary and the District. The conveyance of fa- 2882. and insert the part printed in italic.] cilities shall include all right, title, and interest The PRESIDING OFFICER. The of the United States in and to any portion of the S. 2877 canals, laterals, drains, and any other portion clerk will report the bill by title. Be it enacted by the Senate and House of Rep- of the water distribution and drainage system The legislative clerk read as follows: resentatives of the United States of America in that is operated or maintained by the District A bill (S. 2882) to authorize the Bureau of Congress assembled, for delivery of water to and drainage of water Reclamation to conduct certain feasibility SECTION 1. SHORT TITLE. from lands within the boundaries of the District. studies to augment water supplies for the Klamath Project, Oregon and California, and This Act may be cited as the ‘‘Burnt, SEC. 3. LIABILITY. for other purposes. Malheur, Owyhee, and Powder River Basin Except as otherwise provided by law, effective Water Optimization Feasibility Study Act of on the date of conveyance of facilities under There being no objection, the Senate 2000’’. this Act, the United States shall not be liable for proceeded to consider the bill, which S10530 CONGRESSIONAL RECORD — SENATE October 13, 2000 had been reported from the Committee (5) confer upon any non-Federal entity the (A) by inserting ‘‘, jointly with the State on Energy and Natural Resources, with ability to exercise any Federal right to the wa- of North Dakota,’’ after ‘‘construct’’; an amendment, as follows: ters of any stream or to any groundwater re- (B) by striking ‘‘the irrigation of 130,940 [Strike out all after the enacting sources. acres’’ and inserting ‘‘irrigation’’; SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (C) by striking ‘‘fish and wildlife conserva- clause and insert the part printed in tion’’ and inserting ‘‘fish, wildlife, and other italic.] There are authorized such sums as necessary to carry out the purposes of this Act. Activities natural resource conservation’’; SECTION 1. SHORT TITLE. conducted under this Act shall be non-reimburs- (D) by inserting ‘‘augmented stream flows, This Act may be cited as the ‘‘Klamath Basin able and nonreturnable. ground water recharge,’’ after ‘‘flood con- Water Supply Enhancement Act of 2000’’. trol,’’; and SEC. 2. AUTHORIZATION TO CONDUCT FEASI- The committee amendment in the (E) by inserting ‘‘(as modified by the Da- BILITY STUDIES. nature of a substitute was agreed to. kota Water Resources Act of 1999)’’ before In order to help meet the growing water needs The bill (S. 2882), as amended, was the period at the end; in the Klamath River basin, to improve water read the third time and passed. (3) in subsection (e), by striking ‘‘termi- nated’’ and all that follows and inserting quality, to facilitate the efforts of the State of f Oregon to resolve water rights claims in the ‘‘terminated.’’; and Upper Klamath River Basin including facilita- UNANIMOUS CONSENT (4) by striking subsections (f) and (g) and tion of Klamath tribal water rights claims, and AGREEMENT—S. 623 AND S. 1474 inserting the following: to reduce conflicts over water between the ‘‘(f) COSTS.— Upper and Lower Klamath Basins, the Sec- Mr. LOTT. I ask unanimous consent ‘‘(1) ESTIMATE.—The Secretary shall retary of the Interior (hereafter referred to as the Senate proceed to the consider- estimate— the ‘‘Secretary’’) is authorized and directed, in ation en bloc of Calendar No. 359, S. ‘‘(A) the actual construction costs of the consultation with affected state, local and tribal 623, and Calendar No. 709, S. 1474. I fur- facilities (including mitigation facilities) in existence as of the date of enactment of the interests, stakeholder groups and the interested ther ask unanimous consent amend- public, to engage in feasibility studies of the fol- Dakota Water Resources Act of 1999; and ment No. 4317 to S. 623 and amendment ‘‘(B) the annual operation, maintenance, lowing proposals related to the Upper Klamath No. 4318 to S. 1474 be agreed to, the Basin and the Klamath Project, a federal rec- and replacement costs associated with the lamation project in Oregon and California: committee amendments be agreed to, used and unused capacity of the features in (1) Increasing the storage capacity, and/or the the bills be read the third time and existence as of that date. yield of the Klamath Project facilities while im- passed, with the motion to reconsider ‘‘(2) REPAYMENT CONTRACT.—An appro- proving water quality, consistent with the pro- laid upon the table, and any state- priate repayment contract shall be nego- tiated that provides for the making of a pay- tection of fish and wildlife. ments be printed in the RECORD. (2) The potential for development of addi- ment for each payment period in an amount The PRESIDING OFFICER. Without that is commensurate with the percentage of tional Klamath Basin groundwater supplies to objection, it is so ordered. improve water quantity and quality, including the total capacity of the project that is in the effect of such groundwater development on f actual use during the payment period. ø‘‘(3) OPERATION AND MAINTENANCE COSTS.— non-project lands, groundwater and surface DAKOTA WATER RESOURCES ACT water supplies, and fish and wildlife. The Secretary shall be responsible for the (3) The potential for further innovations in OF 1999 costs of operation and maintenance of the proportionate share attributable to the ca- the use of existing water resources, or market- The Senate proceeded to consider the based approaches, in order to meet growing pacity of the facilities (including mitigation bill (S. 623) to amend Public Law 89–108 ¿ water needs consistent with state water law. facilities) that remain unused. to increase authorization levels for ‘‘(3) OPERATION AND MAINTENANCE COSTS.— SEC. 3. ADDITIONAL STUDIES. State and Indian tribal, municipal, Except as otherwise provided in this Act or Rec- (a) NON-PROJECT LANDS.—The Secretary may rural, and industrial water supplies, to lamation Law— enter into an agreement with the Oregon De- meet current and future water quan- ‘‘(A) The Secretary shall be responsible for the partment of Water Resources to fund studies re- costs of operation and maintenance of the pro- lating to the water supply needs of non-project tity and quality needs of the Red River portionate share of unit facilities in existence on lands in the Upper Klamath Basin. Valley, to deauthorize certain project the date of enactment of the Dakota Water Re- (b) SURVEYS.—To further the purposes of this features and irrigation service areas, to sources Act of 1999 attributable to the capacity Act, the Secretary is authorized to compile in- enhance natural resources and fish and of the facilities (including mitigation facilities) formation on native fish species in the Upper wildlife habitat, and for other pur- that remain unused; Klamath River Basin, upstream of Upper Klam- poses, which had been reported from ‘‘(B) The State of North Dakota shall be re- ath Lake. Wherever possible, the Secretary the Committee on Energy and Natural sponsible for costs of operation and mainte- should use data already developed by Federal nance of the proportionate share of existing unit agencies and other stakeholders in the Basin. Resources, with amendments, as fol- facilities that are used and shall be responsible (c) HYDROLOGIC STUDIES.—The Secretary is lows: for the full costs of operation and maintenance directed to complete ongoing hydrologic surveys (The parts of the bill intended to be of any facility constructed after the date of en- in the Klamath River Basin currently being con- stricken are shown in boldface brack- actment of the Dakota Water Resources Act of ducted by the U.S. Geological Survey. ets and the parts of the bill intended to 1999; and (d) REPORTING REQUIREMENTS.—The Sec- be inserted are shown in italic.) ‘‘(C) The State of North Dakota shall be re- retary shall submit the findings of the studies sponsible for the costs of providing energy to S. 623 conducted under section 2 and Section 3(a) of authorized unit facilities. this Act to the Congress within 90 days of each Be it enacted by the Senate and House of Rep- ‘‘(g) AGREEMENT BETWEEN THE SECRETARY study’s completion, together with any rec- resentatives of the United States of America in AND THE STATE.—The Secretary shall enter ommendations for projects. Congress assembled, into 1 or more agreements with the State of North Dakota to carry out this Act, includ- SEC. 4. LIMITATION. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Dakota ing operation and maintenance of the com- Activities funded under this Act shall not be pleted unit facilities and the design and con- Water Resources Act of 1999’’. considered a supplemental or additional benefit struction of authorized new unit facilities by under the Act of June 17, 1902 (82 Stat. 388) and SEC. 2. PURPOSES AND AUTHORIZATION. the State. all Acts amendatory thereof or supplementary Section 1 of Public Law 89–108 (79 Stat. 433; ‘‘(h) BOUNDARY WATERS TREATY OF 1909.— thereto. 100 Stat. 418) is amended— ø‘‘(1) DELIVERY OF WATER INTO THE HUDSON SEC. 5. WATER RIGHTS. (1) in subsection (a)— BAY BASIN.—Water systems constructed Nothing in this Act shall be construed to— (A) in paragraph (2), by striking ‘‘of’’ and under this Act may deliver Missouri River (1) create, by implication or otherwise, any re- inserting ‘‘within’’; water into the Hudson Bay basin only after served water right or other right to the use of (B) in paragraph (5), by striking ‘‘more the Secretary, in consultation with the Sec- water; timely’’ and inserting ‘‘appropriate’’; and retary of State and the Administrator of the (2) invalidate, preempt, or create any excep- (C) in paragraph (7), by striking ‘‘federally- Environmental Protection Agency, deter- tion to State water law or an interstate compact assisted water resource development project mines that adequate treatment has been pro- governing water; providing irrigation for 130,940 acres of land’’ vided to meet the requirements of the Treaty (3) alter the rights of any State to any appro- and inserting ‘‘multipurpose federally as- Between the United States and Great Britain priated share of the waters of any body or sur- sisted water resource project providing irri- relating to Boundary Waters Between the face or groundwater, whether determined by gation, municipal, rural, and industrial United States and Canada, signed at Wash- past or future interstate compacts or by past or water systems, fish, wildlife, and other nat- ington January 11, 1909 (36 Stat. 2448; TS 548) future legislative or final judicial allocations; ural resource conservation and development, (commonly known as the ‘Boundary Waters (4) preempt or modify any State or Federal recreation, flood control, ground water re- Treaty of 1909’).¿ law or interstate compact dealing with water charge, and augmented stream flows’’; ‘‘(1) DELIVERY OF WATER INTO THE HUDSON quality or disposal; or (2) in subsection (b)— BAY BASIN.—Prior to construction of any water October 13, 2000 CONGRESSIONAL RECORD — SENATE S10531 systems authorized under this Act to deliver (B) by adding at the end the following: ciple supply works as identified in the 1984 Missouri River water into the Hudson Bay ‘‘(4) TAAYER RESERVOIR.—Taayer Reservoir Garrison Diversion Unit Commission Final basin, the Secretary, in consultation with the is deauthorized as a project feature. The Sec- Report dated December 20, 1984 as modified Secretary of State and the Administrator of the retary, acting through the Commissioner of by the Dakota Water Resources Act of Environmental Protection Agency, must deter- Reclamation, shall acquire (including acqui- 1999.’’;¿ mine that adequate treatment can be provided to sition through donation or exchange) up to ‘‘(5) PRINCIPAL SUPPLY WORKS.—The Secretary 5,000 acres in the Kraft and Pickell Slough meet the requirements of the Treaty between the shall maintain the Snake Creek Pumping Plant, areas and to manage the area as a compo- United States and Great Britain relating to New Rockford Canal, and McClusky Canal fea- nent of the National Wildlife Refuge System Boundary Waters Between the United States tures of the principal supply works. As appro- giving consideration to the unique wildlife and Canada, signed at Washington, January 11, priate, the Secretary shall rehabilitate or com- values of the area. In acquiring the lands 1909 (26 Stat. 2448; TS 548) (commonly known as plete such features consistent with the purposes which comprise the Kraft and Pickell Slough the Boundary Waters Treaty of 1909). of this Act. Subject to the provisions of sections ‘‘(2) COSTS.—All costs of construction, op- complex, the Secretary shall acquire wet- lands in the immediate vicinity which may (8)(c) and (8)(d)(1) of this Act, the Secretary eration, maintenance, and replacement of shall select a preferred alternative to implement water treatment and related facilities au- be hydrologically related and nearby uplands as may be necessary to provide for proper the Dakota Water Resources Act of 1999. In thorized by this Act and attributable to making this section, one of the alternatives the meeting the requirements of the treaty re- management of the complex. The Secretary shall provide for appropriate visitor access Secretary shall consider is whether to connect ferred to in paragraph (1) shall be non- the principal supply works in existence on the reimbursable.’’. and control at the refuge. ‘‘(5) DEAUTHORIZATION OF LONETREE DAM date of enactment.’’; SEC. 3. FISH AND WILDLIFE. AND RESERVOIR.—The Lonetree Dam and Res- (2) by redesignating subsections (d), (e), Section 2 of Public Law 89–108 (79 Stat. 433; ervoir is deauthorized, and the Secretary and (f) as subsections (b), (c), and (d), respec- 100 Stat. 419) is amended— shall designate the lands acquired for the tively; (1) by striking subsections (b), (c), and (d) former reservoir site as a wildlife conserva- (3) in the first sentence of subsection (b) and inserting the following: tion area. The Secretary shall enter into an (as redesignated by paragraph (2)), by strik- ‘‘(b) FISH AND WILDLIFE COSTS.—All fish agreement with the State of North Dakota ing ‘‘(a)(1)’’ and inserting ‘‘(a)’’; and wildlife enhancement costs incurred in providing for the operation and maintenance (4) in the first sentence of subsection (c) connection with waterfowl refuges, water- of the wildlife conservation area as an en- (as redesignated by paragraph (2)), by strik- fowl production areas, and wildlife conserva- hancement feature, the costs of which shall ing ‘‘Lucky Mound (7,700 acres), Upper Six tion areas proposed for Federal or State ad- be paid by the Secretary. If the features se- Mile Creek (7,500 acres)’’ and inserting ministration shall be nonreimbursable. lected under section 8 include a buried pipe- ‘‘Lucky Mound (7,700 acres) and Upper Six ‘‘(c) RECREATION AREAS.— line and appurtenances between the Mile Creek (7,500 acres), or such other lands ‘‘(1) COSTS.—If non-Federal public bodies McClusky Canal and New Rockford Canal, at Fort Berthold of equal acreage as may be continue to agree to administer land and the use of the wildlife conservation area and selected by the tribe and approved by the water areas approved for recreation and Sheyenne Lake National Wildlife Refuge for Secretary,’’; and agree to bear not less than 50 percent of the such route is hereby authorized.’’. (5) by adding at the end the following: separable costs of the unit allocated to recre- SEC. 4. INTEREST CALCULATION. ‘‘(e) IRRIGATION REPORT TO CONGRESS.— ation and attributable to those areas and all Section 4 of Public Law 89–108 (100 Stat. ‘‘(1) IN GENERAL.—The Secretary shall in- the costs of operation, maintenance, and re- 435) is amended by adding at the end the fol- vestigate and prepare a detailed report on placement incurred in connection therewith, lowing: ‘‘Interest during construction shall the undesignated 28,000 acres in subsection the remainder of the separable capital costs be calculated only until such date as the (a)(3) as to costs and benefits for any irriga- so allocated and attributed shall be non- Secretary declares any particular feature to tion units to be developed under Reclama- reimbursable. be substantially complete, regardless of tion law. ‘‘(2) APPROVAL.—The recreation areas shall whether the feature is placed into service.’’. ‘‘(2) FINDING.—The report shall include a be approved by the Secretary in consultation SEC. 5. IRRIGATION FACILITIES. finding on the economic, financial and engi- and coordination with the State of North Da- Section 5 of Public Law 89–108 (100 Stat. neering feasibility of the proposed irrigation kota. 419) is amended— unit, but shall be limited to the undesig- ‘‘(d) NON-FEDERAL SHARE.—The non-Fed- (1) by striking ‘‘SEC. 5. (a)(1)’’ and all that nated 28,000 acres. eral share of the separable capital costs of follows through subsection (c) and inserting ‘‘(3) AUTHORIZATION.—If the Secretary finds the unit allocated to recreation shall be the following: that the proposed construction is feasible, borne by non-Federal interests, using the fol- ‘‘SEC. 5. IRRIGATION FACILITIES. such irrigation units are authorized without lowing methods, as the Secretary may deter- ‘‘(a) IN GENERAL.— further Act of Congress. mine to be appropriate: ‘‘(1) AUTHORIZED DEVELOPMENT.—In addi- ‘‘(4) DOCUMENTATION.—No expenditure for ‘‘(1) Services in kind. tion to the 5,000-acre Oakes Test Area in ex- the construction of facilities authorized ‘‘(2) Payment, or provision of lands, inter- istence on the date of enactment of the Da- under this section shall be made until after ests therein, or facilities for the unit. kota Water Resources Act of 1999, the Sec- the Secretary, in cooperation with the State ‘‘(3) Repayment, with interest, within 50 retary may develop irrigation in— of North Dakota, has prepared the appro- years of first use of unit recreation facili- ‘‘(A) the Turtle Lake service area (13,700 priate documentation in accordance with ties.’’; acres); section 1 and pursuant to the National Envi- (2) in subsection (e)— ‘‘(B) the McClusky Canal service area ronmental Policy Act of 1969 (42 U.S.C. 4321 (A) by redesignating paragraphs (1) and (2) (10,000 acres); and et seq.) analyzing the direct and indirect im- as paragraphs (2) and (3), respectively; ‘‘(C) if the investment costs are fully reim- pacts of implementing the report.’’. (B) by inserting ‘‘(1)’’ after ‘‘(e)’’; bursed without aid to irrigation from the (C) in paragraph (2) (as redesignated by Pick-Sloan Missouri Basin Program, the New SEC. 6. POWER. subparagraph (A))— Rockford Canal service area (1,200 acres). Section 6 of Public Law 89–108 (79 Stat. 435; (i) in the first sentence— ‘‘(2) DEVELOPMENT NOT AUTHORIZED.—None 100 Stat. 421) is amended— (I) by striking ‘‘within ten years after ini- of the irrigation authorized by this section (1) in subsection (b)— tial unit operation to administer for recre- may be developed in the Hudson Bay/Devils ation and fish and wildlife enhancement’’ Lake Basin. (A) by striking ‘‘Notwithstanding the pro- visions of’’ and inserting ‘‘Pursuant to the and inserting ‘‘to administer for recreation’’; ‘‘(3) NO EXCESS DEVELOPMENT.—The Sec- and retary shall not develop irrigation in the provisions of’’; and (II) by striking ‘‘which are not included service areas described in paragraph (1) in (B) by striking ‘‘revenues,’’ and all that within Federal waterfowl refuges and water- excess of the acreage specified in that para- follows and inserting ‘‘revenues.’’; and fowl production areas’’; and graph, except that the Secretary shall de- (2) by striking subsection (c) and inserting (ii) in the second sentence, by striking ‘‘or velop up to 28,000 acres of irrigation in other the following: fish and wildlife enhancement’’; and areas of North Dakota (such as the Elk/ ‘‘(c) NO INCREASE IN RATES OR AFFECT ON (D) in the first sentence of paragraph (3) Charbonneau, Mon-Dak, Nesson Valley, REPAYMENT METHODOLOGY.—In accordance (as redesignated by subparagraph (A))— Horsehead Flats, and Oliver-Mercer areas) with the last sentence of section 302(a)(3) of (i) by striking ‘‘, within ten years after ini- that are not located in the Hudson Bay/Dev- the Department of Energy Organization Act tial operation of the unit,’’; and ils Lake drainage basin or James River (42 U.S.C. 7152(a)(3)), section 1(e) shall not re- (ii) by striking ‘‘paragraph (1) of this sub- drainage basin. sult in any reallocation of project costs and section’’ and inserting ‘‘paragraph (2)’’; ‘‘(4) PUMPING POWER.—Irrigation develop- shall not result in increased rates to Pick- (3) in subsection (f), by striking ‘‘and fish ment authorized by this section shall be con- Sloan Missouri Basin Program customers. and wildlife enhancement’’; and sidered authorized units of the Pick-Sloan Nothing in the Dakota Water Resources Act (4) in subsection (j)— Missouri Basin Program and eligible to re- of 1999 alters or affects in any way the repay- (A) in paragraph (1), by striking ‘‘prior to ceive project pumping power. ment methodology in effect as of the date of the completion of construction of Lonetree ø‘‘(5) PRINCIPLE SUPPLY WORKS.—The Sec- enactment of that Act for other features of Dam and Reservoir’’; and retary shall complete and maintain the prin- the Pick-Sloan Missouri Basin Program.’’. S10532 CONGRESSIONAL RECORD — SENATE October 13, 2000

SEC. 7. MUNICIPAL, RURAL, AND INDUSTRIAL other feature or features as are selected ‘‘(1) IN GENERAL.—After reviewing the final WATER under subsection (d). report required by subsection (b)(1) and com- SERVICE. ‘‘(2) DESIGN AND CONSTRUCTION.—The fea- plying with subsection (c), the Secretary, in Section 7 of Public Law 89–108 (100 Stat. ture shall be designed and constructed to consultation and coordination with the 422) is amended— meet only the water delivery requirements State of North Dakota in coordination with (1) in subsection (a)(3)— of the irrigation areas, municipal, rural, and affected local communities, shall select 1 or (A) in the second sentence— industrial water supply needs, ground water more project features described in subsection (i) by striking ‘‘The non-Federal share’’ recharge, and streamflow augmentation (as (a) that will meet the comprehensive water and inserting ‘‘Unless otherwise provided in described in subsection (b)(2)) authorized by quality and quantity needs of the Red River this Act, the non-Federal share’’; this Act. Valley. (ii) by striking ‘‘each water system’’ and ‘‘(3) COMMENCEMENT OF CONSTRUCTION.—The ‘‘(2) AGREEMENTS.—Not later than 180 days inserting ‘‘water systems’’; Secretary may not commence construction after the record of decision has been exe- (iii) by inserting after the second sentence on the feature until a master repayment con- cuted, the Secretary shall enter into a coop- the following: ‘‘The State may use the Fed- tract or water service agreement consistent erative agreement with the State of North eral and non-Federal funds to provide grants with this Act between the Secretary and the Dakota to construct the feature or features or loans for municipal, rural, and industrial appropriate non-Federal entity has been exe- selected. water systems. The State shall use the pro- cuted. ‘‘(e) SHEYENNE RIVER WATER SUPPLY AND ceeds of repaid loans for municipal, rural, ‘‘(b) REPORT ON RED RIVER VALLEY WATER RELEASE OR ALTERNATE FEATURES.—The Sec- and industrial water systems. Proceeds from NEEDS AND DELIVERY OPTIONS.— retary shall construct, operate, and main- loan repayments and any interest thereon shall ‘‘(1) IN GENERAL.—Pursuant to section 1(g), tain a Sheyenne River water supply and re- be treated as Federal funds.’’; and not later than 90 days after the date of en- lease feature (including a water treatment (iv) by striking the last sentence and in- actment of the Dakota Water Resources Act plant) capable of delivering 100 cubic feet per serting the following: ‘‘The Southwest Pipe- of 1999, the Secretary and the State of North second of water or any other amount deter- line Project, the Northwest Area Water Sup- Dakota shall jointly submit to Congress a re- mined in the reports under this section, for ply Project, the Red River Valley Water Sup- port on the comprehensive water quality and the cities of Fargo and Grand Forks and sur- ply Project, and other municipal, industrial, quantity needs of the Red River Valley and rounding communities, or such other feature and rural water systems in the State of the options for meeting those needs, includ- or features as may be selected under sub- North Dakota shall be eligible for funding ing the delivery of Missouri River water to section (d).’’. under the terms of this section. Funding pro- the Red River Valley. SEC. 9. OAKES TEST AREA TITLE TRANSFER. vided under this section for the Red River ‘‘(2) NEEDS.—The needs addressed in the re- Public Law 89–108 (100 Stat. 423) is amended Valley Water Supply Project shall be in ad- port shall include such needs as— by striking section 9 and inserting the fol- dition to funding for that project under sec- ‘‘(A) augmenting streamflows; lowing: tion 10(a)(1)(B). The amount of non-Federal ‘‘(B) ground water recharge; and ‘‘SEC. 9. OAKES TEST AREA TITLE TRANSFER. contributions made after May 12, 1986, that ‘‘(C) enhancing— ‘‘(a) IN GENERAL.—Not later than 2 years exceeds the 25 percent requirement shall be ‘‘(i) municipal, rural, and industrial water after execution of a record of decision under credited to the State for future use in munic- supplies; section 8(d) on whether to use the New Rock- ipal, rural, and industrial projects under this ‘‘(ii) water quality; ford Canal as a means of delivering water to section.’’; and ‘‘(iii) aquatic environment; and the Red River Basin as described in section 8, (2) by striking subsections (b), (c), and (d) ‘‘(iv) recreation. the Secretary shall enter into an agreement and inserting the following: ‘‘(3) STUDIES.—Existing and ongoing stud- with the State of North Dakota, or its des- ‘‘(b) WATER CONSERVATION PROGRAM.—The ies by the Bureau of Reclamation on Red ignee, to convey title and all or any rights, State of North Dakota may use funds pro- River Water Supply needs and options shall interests, and obligations of the United vided under subsections (a) and (b)(1)(A) of be deemed to meet the requirements of this States in and to the Oakes Test Area as con- section 10 to develop and implement a water section. structed and operated under Public Law 99– conservation program. The Secretary and 294 (100 Stat. 418) under such terms and con- ‘‘(c) ENVIRONMENTAL IMPACT STATE- the State shall jointly establish water con- ditions as the Secretary believes would fully MENTS.— servation goals to meet the purposes of the protect the public interest. ‘‘(1) DRAFT.— State program and to improve the avail- ‘‘(b) TERMS AND CONDITIONS.—The agree- ‘‘(A) DEADLINE.—Pursuant to an agreement ability of water supplies to meet the pur- ment shall define the terms and conditions between the Secretary and the State of of the transfer of the facilities, lands, min- poses of this Act. If the State achieves the North Dakota as authorized under section established water conservation goals, the eral estate, easements, rights-of-way and 1(g), not later than 1 year after the date of water rights including the avoidance of costs non-Federal cost share for future projects enactment of the Dakota Water Resources under subsection (a)(3) shall be reduced to that the Federal Government would other- Act of 1999, the Secretary and the State of wise incur in the case of a failure to agree 24.5 percent. North Dakota shall jointly prepare and com- ‘‘(c) NONREIMBURSABILITY OF COSTS.—With under subsection (d). plete a draft environmental impact state- ‘‘(c) COMPLIANCE.—The action of the Sec- respect to the Southwest Pipeline Project, ment concerning all feasible options to meet the Northwest Area Water Supply Project, retary under this section shall comply with the comprehensive water quality and quan- all applicable requirements of Federal, the Red River Valley Water Supply Project, tity needs of the Red River Valley and the and other municipal, industrial, and rural State, and local law. options for meeting those needs, including ‘‘(d) FAILURE TO AGREE.—If an agreement water systems in North Dakota, the costs of possible alternatives for delivering Missouri is not reached within the time limit speci- the features constructed on the Missouri River water to the Red River Valley. fied in subsection (a), the Secretary shall River by the Secretary of the Army before ‘‘(B) REPORT ON STATUS.—If the Secretary dispose of the Oakes Test Area facilities the date of enactment of the Dakota Water and State of North Dakota cannot prepare under the Federal Property and Administra- Resources Act of 1999 shall be nonreimburs- and complete the draft environmental im- tive Services Act of 1949 (40 U.S.C. 471 et able. pact statement within 1 year after the date seq.).’’. ‘‘(d) INDIAN MUNICIPAL RURAL AND INDUS- of enactment of the Dakota Water Resources SEC. 10. AUTHORIZATION OF APPROPRIATIONS. TRIAL WATER SUPPLY.—The Secretary shall Act of 1999, the Secretary, in consultation construct, operate, and maintain such mu- Section 10 of Public Law 89–108 (100 Stat. and coordination with the State of North Da- 424; 106 Stat. 4669, ø4739)¿ 4739) is amended— nicipal, rural, and industrial water systems kota, shall report to Congress on the status as the Secretary determines to be necessary (1) in subsection (a)— of this activity, including an estimate of the (A) by striking ‘‘(a)(1) There are author- to meet the economic, public health, and en- date of completion. vironmental needs of the Fort Berthold, ized’’ and inserting the following: ‘‘(2) FINAL.— ‘‘(a) WATER DISTRIBUTION FEATURES.— Standing Rock, Turtle Mountain (including ‘‘(A) DEADLINE.—Not later than 1 year ‘‘(1) IN GENERAL.— the Trenton Indian Service Area), and Fort after filing the draft environmental impact ‘‘(A) MAIN STEM SUPPLY WORKS.—There is Totten Indian Reservations and adjacent statement, a final environmental impact authorized’’; areas.’’. statement shall be prepared and published. (B) in paragraph (1)— SEC. 8. SPECIFIC FEATURES. ‘‘(B) REPORT ON STATUS.—If the Secretary (i) in the first sentence, by striking (a) IN GENERAL.—Public Law 89–108 (100 and State of North Dakota cannot prepare ‘‘$270,395,000 for carrying out the provisions Stat. 423) is amended by striking section 8 and complete a final environmental impact of section 5(a) through 5(c) and section 8(a)(1) and inserting the following: statement within 1 year of the completion of of this Act’’ and inserting ‘‘$164,000,000 to ‘‘SEC. 8. SPECIFIC FEATURES. the draft environmental impact statement, carry out section 5(a)’’; ‘‘(a) RED RIVER VALLEY WATER SUPPLY the Secretary, in consultation and coordina- (ii) by inserting after subparagraph (A) (as PROJECT.— tion with the State of North Dakota, shall designated by clause (i)) the following: ‘‘(1) IN GENERAL.—The Secretary shall con- report to Congress on the status of this ac- ‘‘(B) RED RIVER VALLEY WATER SUPPLY struct a feature or features to deliver Mis- tivity, including an estimate of the date of PROJECT.—There is authorized to be appro- souri River water to the Sheyenne River completion. priated to carry out section 8(a)(1) water supply and release facility or such ‘‘(d) PROCESS FOR SELECTION.— $200,000,000.’’; and October 13, 2000 CONGRESSIONAL RECORD — SENATE S10533 (iii) by striking ‘‘Such sums’’ and inserting (including the mitigation and enhancement (C) in paragraph (1), by inserting ‘‘, grass- the following: features). land conservation and riparian areas’’ after ‘‘(C) AVAILABILITY.—Such sums’’; and ‘‘(B) AUTHORIZATION LIMITS.—Expenditures ‘‘habitat’’; and (C) in paragraph (2)— for operation and maintenance of features (D) in paragraph (2), by adding at the end (i) by striking ‘‘(2) There is’’ and inserting substantially completed and features con- the following: the following: structed before the date of enactment of the ‘‘(C) The power to fund incentives for con- ‘‘(2) INDIAN IRRIGATION.— Dakota Water Resources Act of 1999, includ- servation practices by landowners.’’ ‘‘(A) IN GENERAL.—There is’’; ing funds expended for such purposes since The committee amendments were (ii) by striking ‘‘for carrying out section the date of enactment of Public Law 99–294, agreed to. 5(e) of this Act’’ and inserting ‘‘to carry out shall not be counted against the authoriza- section 5(c)’’; and tion limits in this section. The amendment (No. 4317) was agreed (iii) by striking ‘‘Such sums’’ and inserting ‘‘(5) MITIGATION AND ENHANCEMENT LAND.— to, as follows: the following: On or about the date on which the features On page 10, beginning on line 14, strike the ‘‘(B) AVAILABILITY.—Such sums’’; authorized by section 8(a) are operational, a sentence that begins ‘‘If the features selected (2) in subsection (b)— separate account in the Natural Resources under section 8’’. (A) by striking ‘‘(b)(1) There is’’ and insert- Trust authorized by section 11 shall be estab- On page 13, line 2, strike the sentence that ing the following: lished for operation and maintenance of the begins ‘‘As appropriate, the Secretary shall ‘‘(b) MUNICIPAL, RURAL, AND INDUSTRIAL mitigation and enhancement land associated rehabilitate or complete’’. WATER SUPPLY.— with the unit.’’; and On page 13, line 5, strike ‘‘Sections 8(c) and ‘‘(1) STATEWIDE.— (4) by striking subsection (e) and inserting 8(d)(1)’’ and insert ‘‘section 8’’. ‘‘(A) INITIAL AMOUNT.—There is’’; the following: Beginning on Page 18, strike line 17 and all (B) in paragraph (1)— ‘‘(e) INDEXING.—The ø$300,000,000¿ that follows through Page 23, line 4, and in- (i) by inserting before ‘‘Such sums’’ the fol- sert the following: lowing: $200,000,000 amount under subsection (b)(1)(B), the $200,000,000 amount under sub- SEC. 8. SPECIFIC FEATURES. ‘‘(B) ADDITIONAL AMOUNT.—In addition to (a) SYKESTON CANAL.—Sykeston Canal is the amount under subparagraph (A), there is section (a)(1)(B), and the funds authorized authorized to be appropriated to carry out under subsection (b)(2) shall be indexed as hereby deauthorized. section 7(a) ø$300,000,000.’’¿ $200,000,000.’’; and necessary to allow for ordinary fluctuations (b) IN GENERAL.—Public Law 89–108 (100 (ii) by striking ‘‘Such sums’’ and inserting of construction costs incurred after the date Stat. 423) is amended by striking section 8 the following: of enactment of the Dakota Water Resources and inserting the following: ‘‘(C) AVAILABILITY.—Such sums’’; and Act of 1999 as indicated by engineering cost ‘‘SEC. 8. SPECIFIC FEATURES. (C) in paragraph (2)— indices applicable for the type of construc- ‘‘(a) RED RIVER VALLEY WATER SUPPLY (i) by striking ‘‘(2) There are authorized to tion involved. All other authorized cost ceil- PROTECT.— be appropriated $61,000,000’’ and all that fol- ings shall remain unchanged. ‘‘(1) IN GENERAL.—Subject to the require- lows through ‘‘Act.’’ and inserting the fol- ø‘‘(f) FOUR BEARS BRIDGE.—There is au- ments of this section, the Secretary shall lowing: thorized to be appropriated, for demolition of construct a feature or features to provide ‘‘(2) INDIAN MUNICIPAL, RURAL, AND INDUS- the existing structure and construction of water to the Sheyenne River water supply TRIAL AND OTHER DELIVERY FEATURES.— the Four Bears Bridge across Lake and release facility or such other feature or ‘‘(A) INITIAL AMOUNT.—There is authorized Sakakawea within the Fort Berthold Indian features as are selected under subsection (d). to be appropriated— Reservation, $40,000,000.’’.¿ ‘‘(2) DESIGN AND CONSTRUCTION.—The fea- ture or features shall be designed and con- ‘‘(i) to carry out section 8(a)(1), $40,500,000; SEC. 11. NATURAL RESOURCES TRUST. and structed to meet only the following water ‘‘(ii) to carry out section 7(d), $20,500,000.’’; Section 11 of Public Law 89–108 (100 Stat. supply requirements as identified in the re- (ii) by inserting before ‘‘Such sums’’ the 424) is amended— port prepared pursuant to subsection (b) of following: (1) by striking subsection (a) and inserting this section: municipal, rural, and industrial ‘‘(B) ADDITIONAL AMOUNT.— the following: water supply needs; ground water recharge; ‘‘(i) IN GENERAL.—In addition to the ‘‘(a) CONTRIBUTION.— and streamflow augmentation. amount under subparagraph (A), there is au- ‘‘(1) INITIAL AUTHORIZATION.— ‘‘(3) COMMENCEMENT OF CONSTRUCTION.— thorized to be appropriated to carry out sec- ‘‘(A) IN GENERAL.—From the sums appro- ‘‘(A) If the Secretary selects a project fea- tion 7(d) $200,000,000. priated under section 10 for the Garrison Di- ture under this section that would provide ‘‘(ii) ALLOCATION.—The amount under version Unit, the Secretary shall make an water from the Missouri River or its tribu- clause (i) shall be allocated as follows: annual Federal contribution to a Natural Re- taries to the Sheyenne River water supply ‘‘(I) $30,000,000 to the Fort Totten Indian sources Trust established by non-Federal in- and release facility or from the Missouri Reservation. terests in accordance with subsection (b) and River or its tributaries to such other convey- ‘‘(II) $70,000,000 to the Fort Berthold Indian operated in accordance with subsection (c). ance facility as the Secretary selects under Reservation. ‘‘(B) AMOUNT.—The total amount of Fed- this section, no later than 90 days after the ‘‘(IV) $80,000,000 to the Standing Rock In- eral contributions under subparagraph (A) completion of the final environmental im- dian Reservation. shall not exceed $12,000,000. pact statement, the Secretary shall transmit ‘‘(V) $20,000,000 to the Turtle Mountain In- ‘‘(2) ADDITIONAL AUTHORIZATION.— to Congress a comprehensive report which dian Reservation.’’; and ‘‘(A) IN GENERAL.—In addition to the provides— (ii) by striking ‘‘Such sums’’ and inserting amount authorized in paragraph (1), the Sec- ‘‘(i) a detailed description of the proposed the following: retary shall make annual Federal contribu- project feature; ‘‘(C) AVAILABILITY.—Such sums’’; tions to the Natural Resources Trust until ‘‘(ii) a summary of major issues addressed (3) in subsection (c)— the amount authorized by section 10(c)(2)(B) in the environmental impact statement; (A) by striking ‘‘(c) There is’’ and inserting is reached, in the manner stated in subpara- ‘‘(iii) likely effects, if any, on other States the following: graph (B). bordering the Missouri River and on the ‘‘(c) RESOURCES TRUST AND OTHER PROVI- ‘‘(B) ANNUAL AMOUNT.—The amount of the State of Minnesota; and SIONS.— contribution under subparagraph (A) for ‘‘(iv) a description of how the project fea- ‘‘(1) INITIAL AMOUNT.—There is’’; and each fiscal year shall be the amount that is ture complies with the requirements of sec- (B) by striking the second and third sen- equal to 5 percent of the total amount that tion 1(h)(1) of this Act (relating to the tences and inserting the following: is appropriated for the fiscal year under sub- Boundary Waters Treaty of 1909). ‘‘(2) ADDITIONAL AMOUNT.—In addition to sections (a)(1)(B) and (b)(1)(B) of section 10. ‘‘(B) No project feature or features that amount under paragraph (1), there are au- ø‘‘(C) LIMITATION ON AVAILABILITY OF would provide water from the Missouri River thorized to be appropriated— FUNDS.—Of the amount authorized by section or its tributaries to the Sheyenne River ‘‘(A) $6,500,000 to carry out recreational 10(c)(2)(B), not more than $10,000,000 shall be water supply and release facility or from the projects; and made available until the date on which the Missouri River or its tributaries to such ‘‘(B) an additional $25,000,000 to carry out features authorized by section 8(a) are oper- other conveyance facility as the Secretary section 11; ational and meet the objectives of section selects under this section shall be con- to remain available until expended. 8(a), as determined by the Secretary and the structed unless such feature is specifically ‘‘(3) RECREATIONAL PROJECTS.—Of the funds State of North Dakota.’’;¿ authorized by an Act of Congress approved authorized under paragraph (2) for rec- (2) in subsection (b), by striking ‘‘Wetlands subsequent to the Secretary’s transmittal of reational projects, up to $1,500,000 may be Trust’’ and inserting ‘‘Natural Resources the report required in paragraph (A). If, after used to fund a wetland interpretive center in Trust’’; and complying with subsections (b) through (d) the State of North Dakota. (3) in subsection (c)— of this section, the Secretary selects a fea- ‘‘(4) OPERATION AND MAINTENANCE.— (A) by striking ‘‘Wetland Trust’’ and in- ture or features using only in-basin sources ‘‘(A) IN GENERAL.— There are authorized to serting ‘‘Natural Resources Trust’’; of water to meet the water needs of the Red be appropriated such sums as are necessary (B) by striking ‘‘are met’’ and inserting ‘‘is River Valley identified in subsection (b), for operation and maintenance of the unit met’’; such features are authorized without further S10534 CONGRESSIONAL RECORD — SENATE October 13, 2000 Act of Congress. The Act of Congress re- (B) REPORT ON STATUS.—If the Secretary passed S. 623, the Dakota Water Re- ferred to in this subparagraph must be an au- and State of North Dakota cannot prepare sources Act. My colleague from North thorization bill, and shall not be a bill mak- and complete a final environmental impact Dakota, Senator KENT CONRAD, and I ing appropriations. statement within 1 year of the completion of have worked on this legislation for ‘‘(C) The Secretary may not commence the draft environmental impact statement, quite some time. We have worked construction on the feature until a master the Secretary, in consultation and coordina- repayment contract or water service agree- tion with the State of North Dakota, shall closely with others who have an inter- ment consistent with this Act between the report to Congress on the status of this ac- est in this bill and passage of S. 623 Secretary and the appropriate non-Federal tivity, including an estimate of the date of today is a result of tireless negotiation entity has been executed.’’ completion. between our delegation and the down- (b) REPORT ON RED RIVER VALLEY WATER (d) PROCESS FOR SELECTION.— stream states, especially Missouri and NEEDS AND OPTIONS.— (1) IN GENERAL.—After reviewing the final Minnesota. The compromise that the (1) IN GENERAL.—The Secretary of the Inte- report required by subsection (b)(1) and com- Senate adopted today strikes an impor- rior shall conduct a comprehensive study of plying with subsection (c), the Secretary, in tant balance between meeting the the water quality and quantity needs of the consultation and coordination with the Red River Valley in North Dakota and pos- State of North Dakota in coordination with water needs of North Dakota and pro- sible options for meeting those needs. affected local communities, shall select 1 or tecting the needs of other states. (2) NEEDS.—The needs addressed in the re- more project features described in subsection This bill is essential to meeting the port shall include such needs as— (a) that will meet the comprehensive water water needs of North Dakota. The bill, (A) municipal, rural, and industrial water quality and quantity needs of the Red River as amended, will provide authorization supplies; Valley. The Secretary’s selection of an alter- for the development of municipal, (B) water quality; (C) aquatic environment; native shall be subject to judicial review. rural, and industrial water projects (D) recreation; and (2) AGREEMENTS.—If the Secretary selects across the State of North Dakota. The (E) water conservation measures. an option under subparagraph (1) that uses bill would also help to meet the water (3) PROCESS.—In conducting the study, the only in-basin sources of water, not later than needs of the four Indian Reservations Secretary through an open and public proc- 180 days after the record of decision has been executed, the Secretary shall enter into a co- in the state. ess shall solicit input from gubernatorial The Dakota Water Resources Act au- designees from states that may be affected operative agreement with the State of North by possible options to meet such needs as Dakota to construct the feature or features thorizes $631.5 million. This includes a well as designees from other federal agencies selected. If the Secretary selects an option $200 million authorization for munic- with relevant expertise. For any option that under subparagraph (1) that would require a ipal, rural and industrial water devel- includes an out-of-basin solution, the Sec- further act of Congress under the provisions opment and another $200 million au- retary shall consider the effect of the option of subsection (a), not later than 180 days thorization to meet the critical water on other states that may be affected by such after the date of enactment of legislation re- needs of the four Indian reservations in option, as well as other appropriate consider- quired under subsection (a) the Secretary the state. The Red River Valley water ations. Upon completion, a draft of the study shall enter into a cooperative agreement supply needs will also receive a $200 with the State of North Dakota to construct shall be provided by the Secretary to such millions authorization. The bill in- states and federal agencies. Such states and the feature or features authorized by that agencies shall be given not less than 120 days legislation. cludes $25 million for a natural re- to review and comment on the study method, (e) SHEYENNE RIVER WATER SUPPLY AND sources trust and $6.5 million for recre- findings and conclusions leading to any al- RELEASE OR ALTERNATE FEATURES.—The Sec- ation projects in North Dakota. Mr. ternative that may have an impact on such retary shall construct, operate, and main- President, the Dakota Water Resources states or on resources subject to such federal tain a Sheyenne River water supply and re- Act represents a responsible way for agencies’ jurisdiction. The Secretary shall lease feature (including a water treatment the federal government to fulfill their receive and take into consideration any such plant) capable of delivering 100 cubic feet per role in the state. It also represents a comments and produce a final report and second of water or any other amount deter- mined in the reports under this section, for serious compromise on the part of transmit the final report to Congress. North Dakota, while still meeting our (4) LIMITATION.—No design or construction the cities of Fargo and Grand Forks and sur- of any feature or features that facilitate an rounding communities, or such other feature highest priority water supply needs. out-of-basin transfer from the Missouri River or features as may be selected under sub- The bill clearly lays out the process drainage basin shall be authorized under the section (d). for meeting the water needs for the provisions of this subsection. (f) DEVILS LAKE.—No funds authorized Red River Valley in eastern North Da- (c) ENVIRONMENTAL IMPACT STATEMENT— under this Act may be used to carry out the kota. First, the Secretary of the Inte- (1) IN GENERAL.—Nothing in this section portion of the feasibility study of the Devils rior will identify these water needs and shall be construed to supersede any require- Lake basin, North Dakota, authorized under evaluate options for meeting them. The ments under the National Environmental the Energy and Water Development Appro- Policy Act or the Administrative Procedures priations Act of 1993 (Public Law 102–377), Department must submit a report on Act. that addresses the needs of the area for sta- the needs and suggest possible solu- (2) DRAFT.— bilized lake levels through inlet controls, or tions to the Congress. The Secretary is (A) DEADLINE.—Pursuant to an agreement to otherwise study any facility or carry out also required to complete an environ- between the Secretary and State of North any activity that would permit the transfer mental impact statement, EIS, on the Dakota as authorized under section 1(g), not of water from the Missouri River drainage Red River Valley project and select the later than 1 year after the date of enactment basin into Devils Lake, North Dakota. best option. of the Dakota Water Resources Act of 2000, Make the following technical amendments: In the event that the Secretary of the Secretary and the State of North Dakota Page 2, line 5, strike ‘‘1999’’ and insert the Interior determines that the best shall jointly prepare and complete a draft ‘‘2000’’. environmental impact statement concerning Page 3, line 13, strike ‘‘1999’’ and insert option includes a transfer of Missouri all feasible options to meet the comprehen- ‘‘2000’’. River water to meet the Red River Val- sive water quality and quantity needs of the Page 3, line 25, strike ‘‘1999’’ and insert ley needs, then a further act of Con- Red River Valley and the options for meet- ‘‘2000’’. gress authorizing that option must ing those needs, including the delivery of Page 4, line 23, strike ‘‘1999’’ and insert occur before construction of that fea- Missouri River water to the Red River Val- ‘‘2000’’. ture or features could begin. This is a ley. Page 5, line 7, strike ‘‘1999’’ and insert key provision that will allow all of our (B) REPORT ON STATUS.—If the Secretary ‘‘2000’’. and State of North Dakota cannot prepare Page 11, line 14, strike ‘‘1999’’ and insert colleagues downstream to have input and complete the draft environmental im- ‘‘2000’’. on such a proposal. However, if an in- pact statement within 1 year after the date Page 13, line 7, strike ‘‘1999’’ and insert basin source of water is chosen, then of enactment of the Dakota Water Resources ‘‘2000’’. no further action is needed from Con- Act of 2000, the Secretary, in consultation Page 15, line 19, strike ‘‘1999’’ and insert gress. and coordination with the State of North Da- ‘‘2000’’. This is a good bill that reflects hard kota, shall report to Congress on the status Page 18, line 8, strike ‘‘1999’’ and insert work and compromise of many stake- of this activity, including an estimate of the ‘‘2000’’. Page 29, line 5, strike ‘‘1999’’ and insert holders all along the Missouri River. I date of completion. am pleased that we were able to de- (3) FINAL.— ‘‘2000’’. (A) DEADLINE.—Not later than 1 year after Page 29, line 25, strike ‘‘1999’’ and insert velop a win-win solution, that allows filing the draft environmental impact state- ‘‘2000’’. us to move forward in meeting the ment, a final environmental impact state- Mr. DORGAN. Mr. President, I am needs of North Dakotans while pro- ment shall be prepared and published. pleased that today the Senate has tecting the interests of those who are October 13, 2000 CONGRESSIONAL RECORD — SENATE S10535 downstream. I am confident that this ther steps to address them—would Con- (3) in subsection (e), by striking ‘‘termi- bill can be signed into law this year, gress even consider an inter-basin nated’’ and all that follows and inserting and look forward to working with our transfer of water, which I and others ‘‘terminated.’’; and friends in the other body to pass this would continue to oppose. Let me re- (4) by striking subsections (f) and (g) and inserting the following: bill and send it to the President for his state that, because it’s important: this ‘‘(f) COSTS.— signature. legislation would preclude any transfer ‘‘(1) ESTIMATE.—The Secretary shall ∑ Mr. WELLSTONE. Mr. President, I of water from the Missouri River or its estimate— rise to speak about S. 623, the Dakota tributaries to the Red River Valley, ‘‘(A) the actual construction costs of the Water Resources Act of 2000, as amend- unless specifically authorized by a fu- facilities (including mitigation facilities) in ed by this critical amendment cur- ture Act of Congress, thus allowing existence as of the date of enactment of the rently pending before the Senate. concerns of biota transfer, inter-basin Dakota Water Resources Act of 2000; and Over the last two years, I have transfers and water quality to be dis- ‘‘(B) the annual operation, maintenance, worked to preserve and protect Min- cussed and fairly resolved by all the and replacement costs associated with the nesota’s precious water rights and re- used and unused capacity of the features in parties involved beforehand. existence as of that date. sources, in consultation with a number As many of my colleagues know, I ‘‘(2) REPAYMENT CONTRACT.—An appro- of my Republican and Democratic col- have long opposed the original version priate repayment contract shall be nego- leagues, and to ensure that the con- of this legislation. I would continue to tiated that provides for the making of a pay- cerns expressed about the original bill oppose any attempts to transfer water ment for each payment period in an amount by those in my state were taken into into the basin without adequate safe- that is commensurate with the percentage of account as this legislation was devel- guards—if such safeguards can be de- the total capacity of the project that is in oped. While it does not resolve the vised, which is not at all clear. Many of actual use during the payment period. roughest underlying issues—indeed it my original concerns, and those of the ‘‘(3) OPERATION AND MAINTENANCE COSTS.— state of Minnesota, including espe- Except as otherwise provided in this Act or does not even attempt to resolve Reclamation Law— them—I believe this amendment takes cially the Department of Natural Re- ‘‘(A) The Secretary shall be responsible for into account those concerns, and I ap- sources, remain about the detrimental the costs of operation and maintenance of preciate the willingness of my distin- environmental effects and potential ad- the proportionate share of unit facilities in guished colleagues from North Dakota verse precedents of an inter-basin existence on the date of enactment of the to accommodate their neighbors to the transfer. Even so, I recognize the real Dakota Water Resources Act of 2000 attrib- east. needs of our neighbors in North Dakota utable to the capacity of the facilities (in- It is clear this legislation, as amend- to resolve their continuing water prob- cluding mitigation facilities) that remain unused; ed by Senators BOND, CONRAD, and DOR- lems, and I believe that the study pro- ‘‘(B) The State of North Dakota shall be GAN, is a very different bill than the vided for in this bill may help to fur- responsible for costs of operation and main- one which was originally introduced. ther that effort. I believe this legisla- tenance of the proportionate share of exist- While I, along with the State of Min- tion represents a reasonable effort to ing unit facilities that are used and shall be nesota, had serious reservations about move the process forward, while pro- responsible for the full costs of operation and the original version, in the past year tecting the rights and resources of maintenance of any facility constructed my office has conducted extensive con- those in my state and elsewhere in the after the date of enactment of the Dakota sultations and discussions with Min- Upper Midwest. I commend my col- Water Resources Act of 2000; and nesota Department of Natural Re- leagues for their hard work and deter- ‘‘(C) The State of North Dakota shall be re- ∑ sponsible for the costs of providing energy to sources water officials, who have indi- mination over these many years. authorized unit facilities. The bill (S. 623), as amended, was cated that the amended version of this ‘‘(g) AGREEMENT BETWEEN THE SECRETARY legislation—at least the sections which read the third time and passed, as fol- AND THE STATE.—The Secretary shall enter apply to Minnesota interests—is a rea- lows: into 1 or more agreements with the State of sonable measure which meets their S. 623 North Dakota to carry out this Act, includ- concerns. I agree that the key elements Be it enacted by the Senate and House of Rep- ing operation and maintenance of the com- of this legislation, in which I have been resentatives of the United States of America in pleted unit facilities and the design and con- most interested, will now simply pro- Congress assembled, struction of authorized new unit facilities by the State. vide for a comprehensive and unbiased SECTION 1. SHORT TITLE. ‘‘(h) BOUNDARY WATERS TREATY OF 1909.— review of the water quality and quan- This Act may be cited as the ‘‘Dakota Water Resources Act of 2000’’. ‘‘(1) DELIVERY OF WATER INTO THE HUDSON tity needs of the Red River Valley, and SEC. 2. PURPOSES AND AUTHORIZATION. BAY BASIN.—Prior to construction of any of the environmental implications of Section 1 of Public Law 89–108 (79 Stat. 433; water systems authorized under this Act to any proposed water transfers—either 100 Stat. 418) is amended— deliver Missouri River water into the Hudson within the basin or on an inter-basin (1) in subsection (a)— Bay basin, the Secretary, in consultation basis—and thus I have not objected, as (A) in paragraph (2), by striking ‘‘of’’ and with the Secretary of State and the Adminis- I did to earlier requests, to bringing it inserting ‘‘within’’; trator of the Environmental Protection (B) in paragraph (5), by striking ‘‘more Agency, must determine that adequate to the Senate floor for consideration. treatment can be provided to meet the re- There are other parts of the bill, as timely’’ and inserting ‘‘appropriate’’; and (C) in paragraph (7), by striking ‘‘federally- quirements of the Treaty between the United amended, which primarily affect exist- assisted water resource development project States and Great Britain relating to Bound- ing or planned facilities in North Da- providing irrigation for 130,940 acres of land’’ ary Waters Between the United States and kota, which have not raised concerns and inserting ‘‘multipurpose federally as- Canada, signed at Washington, January 11, in my state. sisted water resource project providing irri- 1909 (26 Stat. 2448; TS 548) (commonly known The amended bill does not pose the gation, municipal, rural, and industrial as the Boundary Waters Treaty of 1909). same concerns about biota transfer, water systems, fish, wildlife, and other nat- ‘‘(2) COSTS.—All costs of construction, op- inter-basin transfer, and water quality ural resource conservation and development, eration, maintenance, and replacement of recreation, flood control, ground water re- water treatment and related facilities au- that I, and the State of Minnesota, had thorized by this Act and attributable to raised in forceful objection to the charge, and augmented stream flows’’; (2) in subsection (b)— meeting the requirements of the treaty re- original legislation. In fact, it explic- (A) by inserting ‘‘, jointly with the State ferred to in paragraph (1) shall be non- itly requires prior Congressional action of North Dakota,’’ after ‘‘construct’’; reimbursable.’’. and approval before any inter-basin (B) by striking ‘‘the irrigation of 130,940 SEC. 3. FISH AND WILDLIFE. transfer can be made. Under the bill, acres’’ and inserting ‘‘irrigation’’; Section 2 of Public Law 89–108 (79 Stat. 433; only after careful, reasoned study by (C) by striking ‘‘fish and wildlife conserva- 100 Stat. 419) is amended— the Secretary of the Interior—includ- tion’’ and inserting ‘‘fish, wildlife, and other (1) by striking subsections (b), (c), and (d) ing extensive consultation with all of natural resource conservation’’; and inserting the following: the interested stakeholders on the (D) by inserting ‘‘augmented stream flows, ‘‘(b) FISH AND WILDLIFE COSTS.—All fish ground water recharge,’’ after ‘‘flood con- and wildlife enhancement costs incurred in water quality and quantity needs of trol,’’; and connection with waterfowl refuges, water- the Red River Valley, the various por- (E) by inserting ‘‘(as modified by the Da- fowl production areas, and wildlife conserva- tions for meeting those needs, and the kota Water Resources Act of 2000)’’ before tion areas proposed for Federal or State ad- environmental implications of any fur- the period at the end; ministration shall be nonreimbursable. S10536 CONGRESSIONAL RECORD — SENATE October 13, 2000

‘‘(c) RECREATION AREAS.— SEC. 4. INTEREST CALCULATION. neering feasibility of the proposed irrigation ‘‘(1) COSTS.—If non-Federal public bodies Section 4 of Public Law 89–108 (100 Stat. unit, but shall be limited to the undesig- continue to agree to administer land and 435) is amended by adding at the end the fol- nated 28,000 acres. water areas approved for recreation and lowing: ‘‘Interest during construction shall ‘‘(3) AUTHORIZATION.—If the Secretary finds agree to bear not less than 50 percent of the be calculated only until such date as the that the proposed construction is feasible, separable costs of the unit allocated to recre- Secretary declares any particular feature to such irrigation units are authorized without ation and attributable to those areas and all be substantially complete, regardless of further Act of Congress. the costs of operation, maintenance, and re- whether the feature is placed into service.’’. ‘‘(4) DOCUMENTATION.—No expenditure for placement incurred in connection therewith, SEC. 5. IRRIGATION FACILITIES. the construction of facilities authorized the remainder of the separable capital costs Section 5 of Public Law 89–108 (100 Stat. under this section shall be made until after so allocated and attributed shall be non- 419) is amended— the Secretary, in cooperation with the State reimbursable. (1) by striking ‘‘SEC. 5. (a)(1)’’ and all that of North Dakota, has prepared the appro- ‘‘(2) APPROVAL.—The recreation areas shall follows through subsection (c) and inserting priate documentation in accordance with be approved by the Secretary in consultation the following: section 1 and pursuant to the National Envi- and coordination with the State of North Da- ‘‘SEC. 5. IRRIGATION FACILITIES. ronmental Policy Act of 1969 (42 U.S.C. 4321 kota. ‘‘(a) IN GENERAL.— et seq.) analyzing the direct and indirect im- ‘‘(d) NON-FEDERAL SHARE.—The non-Fed- ‘‘(1) AUTHORIZED DEVELOPMENT.—In addi- pacts of implementing the report.’’. eral share of the separable capital costs of tion to the 5,000-acre Oakes Test Area in ex- SEC. 6. POWER. the unit allocated to recreation shall be istence on the date of enactment of the Da- Section 6 of Public Law 89–108 (79 Stat. 435; borne by non-Federal interests, using the fol- kota Water Resources Act of 2000, the Sec- 100 Stat. 421) is amended— lowing methods, as the Secretary may deter- retary may develop irrigation in— (1) in subsection (b)— mine to be appropriate: ‘‘(A) the Turtle Lake service area (13,700 (A) by striking ‘‘Notwithstanding the pro- ‘‘(1) Services in kind. acres); visions of’’ and inserting ‘‘Pursuant to the ‘‘(2) Payment, or provision of lands, inter- ‘‘(B) the McClusky Canal service area provisions of’’; and ests therein, or facilities for the unit. (10,000 acres); and (B) by striking ‘‘revenues,’’ and all that ‘‘(3) Repayment, with interest, within 50 ‘‘(C) if the investment costs are fully reim- follows and inserting ‘‘revenues.’’; and years of first use of unit recreation facili- bursed without aid to irrigation from the (2) by striking subsection (c) and inserting ties.’’; Pick-Sloan Missouri Basin Program, the New the following: (2) in subsection (e)— Rockford Canal service area (1,200 acres). ‘‘(c) NO INCREASE IN RATES OR AFFECT ON (A) by redesignating paragraphs (1) and (2) ‘‘(2) DEVELOPMENT NOT AUTHORIZED.—None REPAYMENT METHODOLOGY.—In accordance as paragraphs (2) and (3), respectively; of the irrigation authorized by this section with the last sentence of section 302(a)(3) of (B) by inserting ‘‘(1)’’ after ‘‘(e)’’; may be developed in the Hudson Bay/Devils the Department of Energy Organization Act (C) in paragraph (2) (as redesignated by Lake Basin. (42 U.S.C. 7152(a)(3)), section 1(e) shall not re- subparagraph (A))— ‘‘(3) NO EXCESS DEVELOPMENT.—The Sec- sult in any reallocation of project costs and (i) in the first sentence— retary shall not develop irrigation in the shall not result in increased rates to Pick- (I) by striking ‘‘within ten years after ini- service areas described in paragraph (1) in Sloan Missouri Basin Program customers. tial unit operation to administer for recre- excess of the acreage specified in that para- Nothing in the Dakota Water Resources Act ation and fish and wildlife enhancement’’ graph, except that the Secretary shall de- of 2000 alters or affects in any way the repay- and inserting ‘‘to administer for recreation’’; velop up to 28,000 acres of irrigation in other ment methodology in effect as of the date of and areas of North Dakota (such as the Elk/ enactment of that Act for other features of (II) by striking ‘‘which are not included Charbonneau, Mon-Dak, Nesson Valley, the Pick-Sloan Missouri Basin Program.’’. within Federal waterfowl refuges and water- Horsehead Flats, and Oliver-Mercer areas) SEC. 7. MUNICIPAL, RURAL, AND INDUSTRIAL fowl production areas’’; and that are not located in the Hudson Bay/Dev- WATER SERVICE. (ii) in the second sentence, by striking ‘‘or ils Lake drainage basin or James River Section 7 of Public Law 89–108 (100 Stat. fish and wildlife enhancement’’; and drainage basin. 422) is amended— (D) in the first sentence of paragraph (3) ‘‘(4) PUMPING POWER.—Irrigation develop- (1) in subsection (a)(3)— (as redesignated by subparagraph (A))— ment authorized by this section shall be con- (A) in the second sentence— (i) by striking ‘‘, within ten years after ini- sidered authorized units of the Pick-Sloan (i) by striking ‘‘The non-Federal share’’ tial operation of the unit,’’; and Missouri Basin Program and eligible to re- and inserting ‘‘Unless otherwise provided in (ii) by striking ‘‘paragraph (1) of this sub- ceive project pumping power. this Act, the non-Federal share’’; section’’ and inserting ‘‘paragraph (2)’’; ‘‘(5) PRINCIPAL SUPPLY WORKS.—The Sec- (ii) by striking ‘‘each water system’’ and (3) in subsection (f), by striking ‘‘and fish retary shall maintain the Snake Creek inserting ‘‘water systems’’; and wildlife enhancement’’; and Pumping Plant, New Rockford Canal, and (iii) by inserting after the second sentence (4) in subsection (j)— McClusky Canal features of the principal the following: ‘‘The State may use the Fed- (A) in paragraph (1), by striking ‘‘prior to supply works. Subject to the provisions of eral and non-Federal funds to provide grants the completion of construction of Lonetree section (8) of this Act, the Secretary shall se- or loans for municipal, rural, and industrial Dam and Reservoir’’; and lect a preferred alternative to implement the water systems. The State shall use the pro- (B) by adding at the end the following: Dakota Water Resources Act of 2000. In mak- ceeds of repaid loans for municipal, rural, ‘‘(4) TAAYER RESERVOIR.—Taayer Reservoir ing this section, one of the alternatives the and industrial water systems. Proceeds from is deauthorized as a project feature. The Sec- Secretary shall consider is whether to con- loan repayments and any interest thereon retary, acting through the Commissioner of nect the principal supply works in existence shall be treated as Federal funds.’’; and Reclamation, shall acquire (including acqui- on the date of enactment.’’; (iv) by striking the last sentence and in- sition through donation or exchange) up to (2) by redesignating subsections (d), (e), serting the following: ‘‘The Southwest Pipe- 5,000 acres in the Kraft and Pickell Slough and (f) as subsections (b), (c), and (d), respec- line Project, the Northwest Area Water Sup- areas and to manage the area as a compo- tively; ply Project, the Red River Valley Water Sup- nent of the National Wildlife Refuge System (3) in the first sentence of subsection (b) ply Project, and other municipal, industrial, giving consideration to the unique wildlife (as redesignated by paragraph (2)), by strik- and rural water systems in the State of values of the area. In acquiring the lands ing ‘‘(a)(1)’’ and inserting ‘‘(a)’’; North Dakota shall be eligible for funding which comprise the Kraft and Pickell Slough (4) in the first sentence of subsection (c) under the terms of this section. Funding pro- complex, the Secretary shall acquire wet- (as redesignated by paragraph (2)), by strik- vided under this section for the Red River lands in the immediate vicinity which may ing ‘‘Lucky Mound (7,700 acres), Upper Six Valley Water Supply Project shall be in ad- be hydrologically related and nearby uplands Mile Creek (7,500 acres)’’ and inserting dition to funding for that project under sec- as may be necessary to provide for proper ‘‘Lucky Mound (7,700 acres) and Upper Six tion 10(a)(1)(B). The amount of non-Federal management of the complex. The Secretary Mile Creek (7,500 acres), or such other lands contributions made after May 12, 1986, that shall provide for appropriate visitor access at Fort Berthold of equal acreage as may be exceeds the 25 percent requirement shall be and control at the refuge. selected by the tribe and approved by the credited to the State for future use in munic- ‘‘(5) DEAUTHORIZATION OF LONETREE DAM Secretary,’’; and ipal, rural, and industrial projects under this AND RESERVOIR.—The Lonetree Dam and Res- (5) by adding at the end the following: section.’’; and ervoir is deauthorized, and the Secretary ‘‘(e) IRRIGATION REPORT TO CONGRESS.— (2) by striking subsections (b), (c), and (d) shall designate the lands acquired for the ‘‘(1) IN GENERAL.—The Secretary shall in- and inserting the following: former reservoir site as a wildlife conserva- vestigate and prepare a detailed report on ‘‘(b) WATER CONSERVATION PROGRAM.—The tion area. The Secretary shall enter into an the undesignated 28,000 acres in subsection State of North Dakota may use funds pro- agreement with the State of North Dakota (a)(3) as to costs and benefits for any irriga- vided under subsections (a) and (b)(1)(A) of providing for the operation and maintenance tion units to be developed under Reclama- section 10 to develop and implement a water of the wildlife conservation area as an en- tion law. conservation program. The Secretary and hancement feature, the costs of which shall ‘‘(2) FINDING.—The report shall include a the State shall jointly establish water con- be paid by the Secretary.’’. finding on the economic, financial and engi- servation goals to meet the purposes of the October 13, 2000 CONGRESSIONAL RECORD — SENATE S10537 State program and to improve the avail- (d) of this section, the Secretary selects a of this activity, including an estimate of the ability of water supplies to meet the pur- feature or features using only in-basin date of completion. poses of this Act. If the State achieves the sources of water to meet the water needs of ‘‘(3) FINAL.— established water conservation goals, the the Red River Valley identified in subsection ‘‘(A) DEADLINE.—Not later than 1 year non-Federal cost share for future projects (b), such features are authorized without fur- after filing the draft environmental impact under subsection (a)(3) shall be reduced to ther Act of Congress. The Act of Congress re- statement, a final environmental impact 24.5 percent. ferred to in this subparagraph must be an au- statement shall be prepared and published. ‘‘(c) NONREIMBURSABILITY OF COSTS.—With thorization bill, and shall not be a bill mak- ‘‘(B) REPORT ON STATUS.—If the Secretary respect to the Southwest Pipeline Project, ing appropriations. and State of North Dakota cannot prepare the Northwest Area Water Supply Project, ‘‘(C) The Secretary may not commence and complete a final environmental impact the Red River Valley Water Supply Project, construction on the feature until a master statement within 1 year of the completion of and other municipal, industrial, and rural repayment contract or water service agree- the draft environmental impact statement, water systems in North Dakota, the costs of ment consistent with this Act between the the Secretary, in consultation and coordina- the features constructed on the Missouri Secretary and the appropriate non-Federal tion with the State of North Dakota, shall River by the Secretary of the Army before entity has been executed. report to Congress on the status of this ac- the date of enactment of the Dakota Water ‘‘(b) REPORT ON RED RIVER VALLEY WATER tivity, including an estimate of the date of Resources Act of 2000 shall be nonreimburs- NEEDS AND OPTIONS.— completion. ‘‘(1) IN GENERAL.—The Secretary of the In- able. ‘‘(d) PROCESS FOR SELECTION.— terior shall conduct a comprehensive study ‘‘(d) INDIAN MUNICIPAL RURAL AND INDUS- ‘‘(1) IN GENERAL.—After reviewing the final of the water quality and quantity needs of TRIAL WATER SUPPLY.—The Secretary shall report required by subsection (b)(1) and com- the Red River Valley in North Dakota and construct, operate, and maintain such mu- plying with subsection (c), the Secretary, in possible options for meeting those needs. nicipal, rural, and industrial water systems consultation and coordination with the ‘‘(2) NEEDS.—The needs addressed in the re- as the Secretary determines to be necessary State of North Dakota in coordination with port shall include such needs as— to meet the economic, public health, and en- affected local communities, shall select 1 or ‘‘(A) municipal, rural, and industrial water vironmental needs of the Fort Berthold, more project features described in subsection supplies; Standing Rock, Turtle Mountain (including (a) that will meet the comprehensive water ‘‘(B) water quality; the Trenton Indian Service Area), and Fort quality and quantity needs of the Red River ‘‘(C) aquatic environment; Totten Indian Reservations and adjacent Valley. The Secretary’s selection of an alter- areas.’’. ‘‘(D) recreation; and ‘‘(E) water conservation measures. native shall be subject to judicial review. SEC. 8. SPECIFIC FEATURES. ‘‘(2) AGREEMENTS.—If the Secretary selects ‘‘(3) PROCESS.—In conducting the study, (a) SYKESTON CANAL.—Sykeston Canal is the Secretary through an open and public an option under paragraph (1) that uses only hereby deauthorized. process shall solicit input from guber- in-basin sources of water, not later than 180 (b) IN GENERAL.—Public Law 89–108 (100 natorial designees from states that may be days after the record of decision has been ex- Stat. 423) is amended by striking section 8 affected by possible options to meet such ecuted, the Secretary shall enter into a coop- and inserting the following: needs as well as designees from other federal erative agreement with the State of North ‘‘SEC. 8. SPECIFIC FEATURES. agencies with relevant expertise. For any op- Dakota to construct the feature or features ‘‘(a) RED RIVER VALLEY WATER SUPPLY tion that includes an out-of-basin solution, selected. If the Secretary selects an option PROJECT.— the Secretary shall consider the effect of the under paragraph (1) that would require a fur- ‘‘(1) IN GENERAL.—Subject to the require- option on other states that may be affected ther act of Congress under the provisions of ments of this section, the Secretary shall by such option, as well as other appropriate subsection (a), not later than 180 days after construct a feature or features to provide considerations. Upon completion, a draft of the date of enactment of legislation required water to the Sheyenne River water supply the study shall be provided by the Secretary under subsection (a) the Secretary shall and release facility or such other feature or to such states and federal agencies. Such enter into a cooperative agreement with the features as are selected under subsection (d). states and agencies shall be given not less State of North Dakota to construct the fea- ‘‘(2) DESIGN AND CONSTRUCTION.—The fea- than 120 days to review and comment on the ture or features authorized by that legisla- ture or features shall be designed and con- study method, findings and conclusions lead- tion. structed to meet only the following water ing to any alternative that may have an im- ‘‘(e) SHEYENNE RIVER WATER SUPPLY AND supply requirements as identified in the re- pact on such states or on resources subject RELEASE OR ALTERNATE FEATURES.—The Sec- port prepared pursuant to subsection (b) of to such federal agencies’ jurisdiction. The retary shall construct, operate, and main- this section: Municipal, rural, and industrial Secretary shall receive and take into consid- tain a Sheyenne River water supply and re- water supply needs; ground water recharge; eration any such comments and produce a lease feature (including a water treatment and streamflow augmentation. final report and transmit the final report to plant) capable of delivering 100 cubic feet per ‘‘(3) COMMENCEMENT OF CONSTRUCTION.—(A) Congress. second of water or any other amount deter- If the Secretary selects a project feature ‘‘(4) LIMITATION.—No design or construc- mined in the reports under this section, for under this section that would provide water tion of any feature or features that facilitate the cities of Fargo and Grand Forks and sur- from the Missouri River or its tributaries to an out-of-basin transfer from the Missouri rounding communities, or such other feature the Sheyenne River water supply and release River drainage basin shall be authorized or features as may be selected under sub- facility or from the Missouri River or its under the provisions of this subsection. section (d). tributaries to such other conveyance facility ‘‘(c) ENVIRONMENTAL IMPACT STATEMENT.— ‘‘(f) DEVILS LAKE.—No funds authorized as the Secretary selects under this section, ‘‘(1) IN GENERAL.—Nothing in this section under this Act may be used to carry out the no later than 90 days after the completion of shall be construed to supersede any require- portion of the feasibility study of the Devils the final environmental impact statement, ments under the National Environmental Lake basin, North Dakota, authorized under the Secretary shall transmit to Congress a Policy Act or the Administrative Procedures the Energy and Water Development Appro- comprehensive report which provides— Act. priations Act of 1993 (Public Law 102–377), ‘‘(i) a detailed description of the proposed ‘‘(2) DRAFT.— that addresses the needs of the area for sta- project feature; ‘‘(A) DEADLINE.—Pursuant to an agreement bilized lake levels through inlet controls, or ‘‘(ii) a summary of major issues addressed between the Secretary and State of North to otherwise study any facility or carry out in the environmental impact statement; Dakota as authorized under section 1(g), not any activity that would permit the transfer ‘‘(iii) likely effects, if any, on other States later than 1 year after the date of enactment of water from the Missouri River drainage bordering the Missouri River and on the of the Dakota Water Resources Act of 2000, basin into Devils Lake, North Dakota.’’. State of Minnesota; and the Secretary and the State of North Dakota SEC. 9. OAKES TEST AREA TITLE TRANSFER. ‘‘(iv) a description of how the project fea- shall jointly prepare and complete a draft Public Law 89–108 (100 Stat. 423) is amended ture complies with the requirements of sec- environmental impact statement concerning by striking section 9 and inserting the fol- tion 1(h)(1) of this Act (relating to the all feasible options to meet the comprehen- lowing: Boundary Waters Treaty of 1909). sive water quality and quantity needs of the ‘‘(B) No project feature or features that Red River Valley and the options for meet- ‘‘SEC. 9. OAKES TEST AREA TITLE TRANSFER. would provide water from the Missouri River ing those needs, including the delivery of ‘‘(a) IN GENERAL.—Not later than 2 years or its tributaries to the Sheyenne River Missouri River water to the Red River Val- after execution of a record of decision under water supply and release facility or from the ley. section 8(d) on whether to use the New Rock- Missouri River or its tributaries to such ‘‘(B) REPORT ON STATUS.—If the Secretary ford Canal as a means of delivering water to other conveyance facility as the Secretary and State of North Dakota cannot prepare the Red River Basin as described in section 8, selects under this section shall be con- and complete the draft environmental im- the Secretary shall enter into an agreement structed unless such feature is specifically pact statement within 1 year after the date with the State of North Dakota, or its des- authorized by an Act of Congress approved of enactment of the Dakota Water Resources ignee, to convey title and all or any rights, subsequent to the Secretary’s transmittal of Act of 2000, the Secretary, in consultation interests, and obligations of the United the report required in subparagraph (A). If, and coordination with the State of North Da- States in and to the Oakes Test Area as con- after complying with subsections (b) through kota, shall report to Congress on the status structed and operated under Public Law 99– S10538 CONGRESSIONAL RECORD — SENATE October 13, 2000 294 (100 Stat. 418) under such terms and con- (ii) by inserting before ‘‘Such sums’’ the version Unit, the Secretary shall make an ditions as the Secretary believes would fully following: annual Federal contribution to a Natural Re- protect the public interest. ‘‘(B) ADDITIONAL AMOUNT.— sources Trust established by non-Federal in- ‘‘(b) TERMS AND CONDITIONS.—The agree- ‘‘(i) IN GENERAL.—In addition to the terests in accordance with subsection (b) and ment shall define the terms and conditions amount under subparagraph (A), there is au- operated in accordance with subsection (c). of the transfer of the facilities, lands, min- thorized to be appropriated to carry out sec- ‘‘(B) AMOUNT.—The total amount of Fed- eral estate, easements, rights-of-way and tion 7(d) $200,000,000. eral contributions under subparagraph (A) water rights including the avoidance of costs ‘‘(ii) ALLOCATION.—The amount under shall not exceed $12,000,000. that the Federal Government would other- clause (i) shall be allocated as follows: ‘‘(2) ADDITIONAL AUTHORIZATION.— wise incur in the case of a failure to agree ‘‘(I) $30,000,000 to the Fort Totten Indian ‘‘(A) IN GENERAL.—In addition to the under subsection (d). Reservation. amount authorized in paragraph (1), the Sec- ‘‘(c) COMPLIANCE.—The action of the Sec- ‘‘(II) $70,000,000 to the Fort Berthold Indian retary shall make annual Federal contribu- retary under this section shall comply with Reservation. tions to the Natural Resources Trust until all applicable requirements of Federal, ‘‘(IV) $80,000,000 to the Standing Rock In- the amount authorized by section 10(c)(2)(B) State, and local law. dian Reservation. is reached, in the manner stated in subpara- ‘‘(d) FAILURE TO AGREE.—If an agreement ‘‘(V) $20,000,000 to the Turtle Mountain In- graph (B). is not reached within the time limit speci- dian Reservation.’’; and ‘‘(B) ANNUAL AMOUNT.—The amount of the fied in subsection (a), the Secretary shall (ii) by striking ‘‘Such sums’’ and inserting contribution under subparagraph (A) for dispose of the Oakes Test Area facilities the following: each fiscal year shall be the amount that is under the Federal Property and Administra- ‘‘(C) AVAILABILITY.—Such sums’’; equal to 5 percent of the total amount that tive Services Act of 1949 (40 U.S.C. 471 et (3) in subsection (c)— is appropriated for the fiscal year under sub- seq.).’’. (A) by striking ‘‘(c) There is’’ and inserting sections (a)(1)(B) and (b)(1)(B) of section 10.’’. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. the following: (2) in subsection (b), by striking ‘‘Wetlands Section 10 of Public Law 89–108 (100 Stat. ‘‘(c) RESOURCES TRUST AND OTHER PROVI- Trust’’ and inserting ‘‘Natural Resources 424; 106 Stat. 4669, 4739) is amended— SIONS.— Trust’’; and (1) in subsection (a)— ‘‘(1) INITIAL AMOUNT.—There is’’; and (3) in subsection (c)— (A) by striking ‘‘(a)(1) There are author- (B) by striking the second and third sen- (A) by striking ‘‘Wetland Trust’’ and in- ized’’ and inserting the following: tences and inserting the following: serting ‘‘Natural Resources Trust’’; ‘‘(a) WATER DISTRIBUTION FEATURES.— ‘‘(2) ADDITIONAL AMOUNT.—In addition to (B) by striking ‘‘are met’’ and inserting ‘‘is ‘‘(1) IN GENERAL.— amount under paragraph (1), there are au- met’’; ‘‘(A) MAIN STEM SUPPLY WORKS.—There is thorized to be appropriated— (C) in paragraph (1), by inserting ‘‘, grass- authorized’’; ‘‘(A) $6,500,000 to carry out recreational land conservation and riparian areas’’ after (B) in paragraph (1)— projects; and ‘‘habitat’’; and (i) in the first sentence, by striking ‘‘(B) an additional $25,000,000 to carry out (D) in paragraph (2), by adding at the end ‘‘$270,395,000 for carrying out the provisions section 11; the following: of section 5(a) through 5(c) and section 8(a)(1) to remain available until expended. ‘‘(C) The power to fund incentives for con- of this Act’’ and inserting ‘‘$164,000,000 to ‘‘(3) RECREATIONAL PROJECTS.—Of the funds servation practices by landowners.’’ carry out section 5(a)’’; authorized under paragraph (2) for rec- f (ii) by inserting after subparagraph (A) (as reational projects, up to $1,500,000 may be designated by clause (i)) the following: used to fund a wetland interpretive center in PALMETTO BEND CONVEYANCE ‘‘(B) RED RIVER VALLEY WATER SUPPLY the State of North Dakota. ACT PROJECT.—There is authorized to be appro- ‘‘(4) OPERATION AND MAINTENANCE.— The Senate proceeded to consider the priated to carry out section 8(a)(1) ‘‘(A) IN GENERAL.— There are authorized to bill (S. 1474) providing for conveyance $200,000,000.’’; and be appropriated such sums as are necessary for operation and maintenance of the unit of the Palmetto Bend project to the (iii) by striking ‘‘Such sums’’ and inserting State of Texas, which had been re- the following: (including the mitigation and enhancement ‘‘(C) AVAILABILITY.—Such sums’’; and features). ported from the Committee on Energy (C) in paragraph (2)— ‘‘(B) AUTHORIZATION LIMITS.—Expenditures and Natural Resources, with an amend- (i) by striking ‘‘(2) There is’’ and inserting for operation and maintenance of features ment, as follows: the following: substantially completed and features con- (Strike out all after the enacting ‘‘(2) INDIAN IRRIGATION.— structed before the date of enactment of the clause and insert the part printed in ‘‘(A) IN GENERAL.—There is’’; Dakota Water Resources Act of 2000, includ- italic.) (ii) by striking ‘‘for carrying out section ing funds expended for such purposes since the date of enactment of Public Law 99–294, SECTION 1. SHORT TITLE. 5(e) of this Act’’ and inserting ‘‘to carry out This Act may be cited as the ‘‘Palmetto Bend shall not be counted against the authoriza- section 5(c)’’; and Conveyance Act’’. tion limits in this section. (iii) by striking ‘‘Such sums’’ and inserting SEC. 2. DEFINITIONS. the following: ‘‘(5) MITIGATION AND ENHANCEMENT LAND.— On or about the date on which the features In this Act: ‘‘(B) AVAILABILITY.—Such sums’’; (1) PROJECT.—the term ‘‘Project’’ means the (2) in subsection (b)— authorized by section 8(a) are operational, a separate account in the Natural Resources Palmetto Bend Reclamation Project in the State (A) by striking ‘‘(b)(1) There is’’ and insert- of Texas authorized under Public Law 90–562 (82 ing the following: Trust authorized by section 11 shall be estab- lished for operation and maintenance of the Stat. 999). ‘‘(b) MUNICIPAL, RURAL, AND INDUSTRIAL (2) SECRETARY.—The term ‘‘Secretary’’ means mitigation and enhancement land associated WATER SUPPLY.— the Secretary of the Interior. with the unit.’’; and ‘‘(1) STATEWIDE.— (3) STATE.—The term ‘‘State’’ means the State ‘‘(A) INITIAL AMOUNT.—There is’’; (4) by striking subsection (e) and inserting of Texas, acting through the Texas Water Devel- (B) in paragraph (1)— the following: opment Board or the Lavaca-Navidad River Au- (i) by inserting before ‘‘Such sums’’ the fol- ‘‘(e) INDEXING.—The $200,000,000 amount thority or both. under subsection (b)(1)(B), the $200,000,000 lowing: SEC. 3. CONVEYANCE. amount under subsection (a)(1)(B), and the ‘‘(B) ADDITIONAL AMOUNT.—In addition to (a) IN GENERAL.—The Secretary shall, as soon funds authorized under subsection (b)(2) shall the amount under subparagraph (A), there is as practicable after the date of enactment of this be indexed as necessary to allow for ordinary authorized to be appropriated to carry out Act and in accordance with all applicable law, fluctuations of construction costs incurred section 7(a) $200,000,000.’’; and and subject to the conditions set forth in sec- after the date of enactment of the Dakota (ii) by striking ‘‘Such sums’’ and inserting tions 4 and 5, convey to the State all right, title Water Resources Act of 2000 as indicated by the following: and interest (excluding the mineral estate) in engineering cost indices applicable for the ‘‘(C) AVAILABILITY.—Such sums’’; and and to the Project held by the United States. type of construction involved. All other au- (C) in paragraph (2)— (b) REPORT.—If the conveyance under Section thorized cost ceilings shall remain un- (i) by striking ‘‘(2) There are authorized to 3 has not been completed within 1 year and 180 changed.’’. be appropriated $61,000,000’’ and all that fol- days after the date of enactment of this Act, the lows through ‘‘Act.’’ and inserting the fol- SEC. 11. NATURAL RESOURCES TRUST. Secretary shall submit to the Committee on Re- lowing: Section 11 of Public Law 89–108 (100 Stat. sources of the House of Representatives and the ‘‘(2) INDIAN MUNICIPAL, RURAL, AND INDUS- 424) is amended— Committee on Energy and Natural Resources of TRIAL AND OTHER DELIVERY FEATURES.— (1) by striking subsection (a) and inserting the Senate a report that describes— ‘‘(A) INITIAL AMOUNT.—There is authorized the following: (1) the status of the conveyance; to be appropriated— ‘‘(a) CONTRIBUTION.— (2) any obstacles to completion of the convey- ‘‘(i) to carry out section 8(a)(1), $40,500,000; ‘‘(1) INITIAL AUTHORIZATION.— ance; and and ‘‘(A) IN GENERAL.—From the sums appro- (3) the anticipated date for completion of the ‘‘(ii) to carry out section 7(d), $20,500,000.’’; priated under section 10 for the Garrison Di- conveyance. October 13, 2000 CONGRESSIONAL RECORD — SENATE S10539 SEC. 4. PAYMENT. SEC. 7. LIABILITY. SEC. 4. PAYMENT. (a) IN GENERAL.—As a condition of the con- (a) IN GENERAL.—Effective on the date of con- (a) IN GENERAL.—As a condition of the con- veyance, the State shall pay the Secretary the veyance of the Project, the United States shall veyance, the State shall pay the Secretary adjusted net present value of current repayment be liable for damages of any kind arising out of the adjusted net present value of current re- obligations on the Project, calculated 30 days any act, omission, or occurrence relating to the payment obligations on the Project, cal- prior to closing using a discount rate equal to Project, except for damages caused by acts of culated 30 days prior to closing using a dis- the average interest rate on 30-year U.S. Treas- negligence committed prior to the date of con- count rate equal to the average interest rate ury notes during the proceeding calendar veyance by— on 30-year United States Treasury notes dur- month, which following application of the (1) the United States; or ing the proceeding calendar month, which State’s August 1, 1999 payment, is currently cal- (2) an employee, agent, or contractor of the following application of the State’s August 1, culated to be $45,082,675 using a discount rate of United States. 1999 payment, was, as of October 1999, cal- 6.070%. The State shall also pay interest on the (b) NO INCREASE IN LIABILITY.—Nothing in culated to be $45,082,675 using a discount rate adjusted net present value of current repayment this Act increases the liability of the United of 6.070 percent. The State shall also pay in- obligations from the date of State’s most recent States beyond that provided for in the Federal terest on the adjusted net present value of annual payment until closing at the interest Tort Claims Act, (28 U.S.C. 2671 et seq.). current repayment obligations from the date of the State’s most recent annual payment rate for constant maturity U.S. Treasury notes SEC. 8. FUTURE BENEFITS. until closing at the interest rate for con- of an equivalent term. (a) DEAUTHORIZATION.—Effective on the date stant maturity United States Treasury notes (b) OBLIGATION EXTINGUISHED.—Upon pay- of conveyance of the Project, the Project con- of an equivalent term. ment by the State under subsection (a), the obli- veyed under this Act shall be deauthorized. gation of the State and the Bureau of Reclama- (b) OBLIGATION EXTINGUISHED.—Upon pay- (b) NO RECLAMATION BENEFITS.—After de- tion under the Bureau of Reclamation Contract ment by the State under subsection (a), the authorization of the Project under subsection obligation of the State and the Bureau of No. 14–06–500–1880, as amended shall be extin- (a), the State shall not be entitled to receive any guished. After completion of conveyance pro- Reclamation under the Bureau of Reclama- benefits for the Project under Federal reclama- tion Contract No. 14–06–500–1880, as amended vided for in Section 3, the State shall assume tion law (the Act of June 17, 1902 (32 Stat. 388, full responsibility for all aspects of operation, shall be extinguished. After completion of chapter 1093), and Acts supplemental to and conveyance provided for in Section 3, the maintenance and replacement of the Project. amendatory of that Act (43 U.S.C. 371 et seq.). (c) ADDITIONAL COSTS.—The State shall bear State shall assume full responsibility for all the cost of all boundary surveys, title searches, The amendment (No. 4318) was agreed aspects of operation, maintenance and re- appraisals, and other transaction costs for the to, as follows: placement of the Project. (c) ADDITIONAL COSTS.—The State shall conveyance. In the Committee amendment: bear the cost of all boundary surveys, title (d) RECLAMATION FUND.—All funds paid by In section 4(a), after ‘‘August 1, 1999 pay- searches, appraisals, and other transaction the State to the Secretary under this section ment,’’ strike ‘‘is currently’’ and insert costs for the conveyance. shall be credited to the Reclamation Fund in the ‘‘was, as of October, 1999,’’. Treasury of the United States. (d) RECLAMATION FUND.—All funds paid by In section 5(b), strike ‘‘and shall extend for the State to the Secretary under this section SEC. 5. FUTURE MANAGEMENT. the useful life of the Project that has been (a) IN GENERAL.—As a condition of the con- shall be credited to the Reclamation Fund in approved by the Secretary.’’ and insert ‘‘that the Treasury of the United States. veyance under section 3, the State shall agree has been approved by the Secretary and shall SEC. 5. FUTURE MANAGEMENT. that the lands, water, and facilities of the extend for the useful life of the Project.’’. Project shall continue to be managed and oper- (a) IN GENERAL.—As a condition of the con- ated for the purposes for which the Project was The committee amendment in the veyance under section 3, the State shall originally authorized; that is, to provide a de- nature of a substitute, as amended, was agree that the lands, water, and facilities of pendable municipal and industrial water sup- agreed to. the Project shall continue to be managed ply, to conserve and develop fish and wildlife The bill (S. 1474), as amended, was and operated for the purposes for which the resources, and to enhance recreational opportu- read the third time, and passed, as fol- Project was originally authorized; that is, to provide a dependable municipal and indus- nities. In future management of the Project, the lows: State shall, consistent with other project pur- trial water supply, to conserve and develop S. 1474 poses and the provision of dependable municipal fish and wildlife resources, and to enhance and industrial water supply: Be it enacted by the Senate and House of Rep- recreational opportunities. In future man- (1) provide full public access to the Project’s resentatives of the United States of America in agement of the Project, the State shall, con- lands, subject to reasonable restrictions for pur- Congress assembled, sistent with other project purposes and the poses of Project security, public safety, and nat- SECTION 1. SHORT TITLE. provision of dependable municipal and indus- ural resource protection; This Act may be cited as the ‘‘Palmetto trial water supply: (2) not sell or otherwise dispose of the lands Bend Conveyance Act’’. (1) provide full public access to the Project’s lands, subject to reasonable restric- conveyed under Section 3; SEC. 2. DEFINITIONS. (3) prohibit private or exclusive uses of lands tions for purposes of Project security, public In this Act: conveyed under Section 3; safety, and natural resource protection; (1) PROJECT.—the term ‘‘Project’’ means (4) maintain and manage the Project’s fish (2) not sell or otherwise dispose of the the Palmetto Bend Reclamation Project in and wildlife resource and habitat for the benefit lands conveyed under Section 3; the State of Texas authorized under Public and enhancement of those resources; (3) prohibit private or exclusive uses of Law 90–562 (82 Stat. 999). (5) maintain and manage the Project’s exist- lands conveyed under Section 3; (2) SECRETARY.—The term ‘‘Secretary’’ ing recreational facilities and assets, including (4) maintain and manage the Project’s fish means the Secretary of the Interior. open space, for the benefit of the general public; and wildlife resource and habitat for the ben- (3) STATE.—The term ‘‘State’’ means the (6) not charge the public recreational use fees efit and enhancement of those resources; State of Texas, acting through the Texas that are more than is customary and reasonable. (5) maintain and manage the Project’s ex- Water Development Board or the Lavaca- (b) FISH, WILDLIFE, AND RECREATION MAN- isting recreational facilities and assets, in- Navidad River Authority or both. AGEMENT.—As a condition of conveyance under cluding open space, for the benefit of the Section 3, management decisions and actions af- SEC. 3. CONVEYANCE. general public; fecting the public aspects of the Project (name- (a) IN GENERAL.—The Secretary shall, as (6) not charge the public recreational use ly, fish, wildlife, and recreation resources) shall soon as practicable after the date of enact- fees that are more than is customary and be conducted according to a management agree- ment of this Act and in accordance with all reasonable. ment between all recipients of title to the Project applicable law, and subject to the conditions (b) FISH, WILDLIFE, AND RECREATION MAN- and the Texas Parks and Wildlife Department set forth in sections 4 and 5, convey to the AGEMENT.—As a condition of conveyance and shall extend for the useful life of the State all right, title and interest (excluding under Section 3, management decisions and Project that has been approved by the Sec- the mineral estate) in and to the Project actions affecting the public aspects of the retary. held by the United States. Project (namely, fish, wildlife, and recre- (c) EXISTING OBLIGATIONS.—The United States (b) REPORT.—If the conveyance under Sec- ation resources) shall be conducted accord- shall assign to the State and the State shall ac- tion 3 has not been completed within 1 year ing to a management agreement between all cept all surface use obligations of the United and 180 days after the date of enactment of recipients of title to the Project and the States associated with the Project existing on this Act, the Secretary shall submit to the Texas Parks and Wildlife Department that the date of the conveyance including contracts, Committee on Resources of the House of has been approved by the Secretary and shall easements, and any permits or license agree- Representatives and the Committee on En- extend for the useful life of the Project. ments. ergy and Natural Resources of the Senate a (c) EXISTING OBLIGATIONS.—The United SEC. 6. MANAGEMENT OF MINERAL ESTATE. report that describes— States shall assign to the State and the All mineral interests in the Project retained by (1) the status of the conveyance; State shall accept all surface use obligations the United States shall be managed consistent (2) any obstacles to completion of the con- of the United States associated with the with Federal Law and in a manner that will not veyance; and Project existing on the date of the convey- interfere with the purposes for which the (3) the anticipated date for completion of ance including contracts, easements, and Project was authorized. the conveyance. any permits or license agreements. S10540 CONGRESSIONAL RECORD — SENATE October 13, 2000

SEC. 6. MANAGEMENT OF MINERAL ESTATE. (5) PICK-SLOAN.—The term ‘‘Pick-Sloan’’ and other residents of the Fort Peck Indian Res- All mineral interests in the Project re- means the Pick-Sloan Missouri River Basin Pro- ervation. tained by the United States shall be man- gram (authorized by section 9 of the Act entitled (4) TERMINATION.—The Secretary may termi- aged consistent with Federal Law and in a ‘‘An Act authorizing the construction of certain nate a cooperative agreement under paragraph manner that will not interfere with the pur- public works on rivers and harbors for flood (1) if the Secretary determines that— poses for which the Project was authorized. control, and for other purposes’’, approved De- (A) the quality of construction does not meet SEC. 7. LIABILITY. cember 22, 1944 (commonly known as the ‘‘Flood all standards established for similar facilities (a) IN GENERAL.—Effective on the date of Control Act of 1944’’) (58 Stat. 891)). constructed by the Secretary; or conveyance of the Project, the United States (6) SECRETARY.—The term ‘‘Secretary’’ means (B) the operation and maintenance of the As- shall be liable for damages of any kind aris- the Secretary of the Interior. siniboine and Sioux Rural Water System does ing out of any act, omission, or occurrence (7) STATE.—The term ‘‘State’’ means the State not meet conditions acceptable to the Secretary relating to the Project, except for damages of Montana. that are adequate to fulfill the obligations of the caused by acts of negligence committed prior SEC. 4. ASSINIBOINE AND SIOUX RURAL WATER United States to the Fort Peck Tribes. to the date of conveyance by— SYSTEM. (5) TRANSFER.—On execution of a cooperative (1) the United States; or (a) AUTHORIZATION.—The Secretary shall agreement under paragraph (1), in accordance (2) an employee, agent, or contractor of the plan, design, construct, operate, maintain, and with the cooperative agreement, the Secretary United States. replace a municipal, rural, and industrial water may transfer to the Fort Peck Tribes, on a non- (b) NO INCREASE IN LIABILITY.—Nothing in system, to be known as the ‘‘Assiniboine and reimbursable basis, funds made available for the this Act increases the liability of the United Sioux Rural Water System’’, as generally de- Assiniboine and Sioux Rural Water System States beyond that provided for in the Fed- scribed in the report required by subsection under section 9. eral Tort Claims Act, (28 U.S.C. 2671 et seq.). (g)(2). (d) SERVICE AREA.—The service area of the SEC. 8. FUTURE BENEFITS. (b) COMPONENTS.—The Assiniboine and Sioux Assiniboine and Sioux Rural Water System shall (a) DEAUTHORIZATION.—Effective on the Rural Water System shall consist of— be the area within the boundaries of the Fort date of conveyance of the Project, the (1) pumping and treatment facilities located Peck Indian Reservation. Project conveyed under this Act shall be de- along the Missouri River within the boundaries (e) CONSTRUCTION REQUIREMENTS.—The com- authorized. of the Fort Peck Indian Reservation; ponents of the Assiniboine and Sioux Rural (b) NO RECLAMATION BENEFITS.—After de- (2) pipelines extending from the water treat- Water System shall be planned and constructed authorization of the Project under sub- ment plant throughout the Fort Peck Indian to a size that is sufficient to meet the municipal, section (a), the State shall not be entitled to Reservation; rural, and industrial water supply requirements receive any benefits for the Project under (3) distribution and treatment facilities to of the service area of the Fort Peck Reservation Federal reclamation law (the Act of June 17, serve the needs of the Fort Peck Indian Reserva- Rural Water System. 1902 (32 Stat. 388, chapter 1093), and Acts sup- tion, including— (f) TITLE TO ASSINIBOINE AND SIOUX RURAL plemental to and amendatory of that Act (43 (A) public water systems in existence on the WATER SYSTEM.—Title to the Assiniboine and U.S.C. 371 et seq.). date of the enactment of this Act that may be Sioux Rural Water System shall be held in trust purchased, improved, and repaired in accord- f by the United States for the Fort Peck Tribes ance with the cooperative agreement entered and shall not be transferred unless a transfer is EDUCATION LAND GRANT ACT into under subsection (c); and authorized by an Act of Congress enacted after (B) water systems owned by individual tribal the date of the enactment of this Act. Mr. LOTT. Mr. President, I ask that members and other residents of the Fort Peck the Chair lay before the Senate a mes- (g) LIMITATION ON AVAILABILITY OF CON- Indian Reservation; STRUCTION FUNDS.—The Secretary shall not ob- sage from the House of Representatives (4) appurtenant buildings and access roads; ligate funds for construction of the Assiniboine on the bill (S. 624). (5) all property and property rights necessary and Sioux Rural Water System until— The PRESIDING OFFICER laid be- for the facilities described in this subsection; (1) the requirements of the National Environ- fore the Senate the following message (6) electrical power transmission and distribu- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) from the House of Representatives: tion facilities necessary for services to Fort Peck are met with respect to the Assiniboine and Reservation Rural Water System facilities; and Resolved, That the bill from the Senate (S. Sioux Rural Water System; (7) such other pipelines, pumping plants, and (2) on or after the date that is 90 days after 624) entitled ‘‘An Act to authorize construc- facilities as the Secretary determines to be ap- tion of the Fort Peck Reservation Rural the date of submission to Congress of a final en- propriate to meet the water supply, economic, gineering report approved by the Secretary; and Water System in the State of Montana, and public health, and environmental needs of the for other purposes’’, do pass with the fol- (3) the Secretary publishes a written finding Fort Peck Indian Reservation, including water that the water conservation plan developed lowing amendment: storage tanks, water lines, and other facilities Strike out all after the enacting clause and under section 7 includes prudent and reasonable for the Fort Peck Tribes and the villages, towns, insert: water conservation measures for the operation and municipalities in the Fort Peck Indian Res- SECTION 1. SHORT TITLE. of the Assiniboine and Sioux Rural Water Sys- ervation. tem that have been shown to be economically This Act may be cited as the ‘‘Fort Peck Res- OOPERATIVE AGREEMENT.— (c) C 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.). (1) ASSINIBOINE AND SIOUX RURAL WATER SYS- (ii) engineering and design; (j) COST SHARING.— TEM.—The term ‘‘Assiniboine and Sioux Rural (iii) construction; Water System’’ means the rural water system (iv) water conservation measures; and (1) CONSTRUCTION.—The Federal share of the within the Fort Peck Indian Reservation au- (v) administration of contracts relating to per- cost of construction of the Assiniboine and thorized by section 4. formance of the activities described in clauses (i) Sioux Rural Water System shall be 100 percent, (2) DRY PRAIRIE RURAL WATER SYSTEM.—The through (iv); and shall be funded through annual appropria- term ‘‘Dry Prairie Rural Water System’’ means (B) the procedures and requirements for ap- tions to the Bureau of Reclamation. the rural water system authorized by section 5 proval and acceptance of the design and con- (2) OPERATION AND MAINTENANCE.—The Fed- in the Roosevelt, Sheridan, Daniels, and Valley struction and for carrying out other activities eral share of the cost of operation and mainte- Counties of the State. described in subparagraph (A); and nance of the Assiniboine and Sioux Rural Water (3) FORT PECK RESERVATION RURAL WATER (C) the rights, responsibilities, and liabilities System shall be 100 percent, and shall be funded SYSTEM.—The term ‘‘Fort Peck Reservation of each party to the agreement. through annual appropriations to the Bureau of Rural Water System’’ means the Assiniboine (3) OPTIONAL PROVISIONS.—The cooperative Indian Affairs. and Sioux Rural Water System and the Dry agreement under paragraph (1) may include SEC. 5. DRY PRAIRIE RURAL WATER SYSTEM. Prairie Rural Water System. provisions relating to the purchase, improve- (a) PLANNING AND CONSTRUCTION.— (4) FORT PECK TRIBES.—The term ‘‘Fort Peck ment, and repair of water systems in existence (1) AUTHORIZATION.—The Secretary shall Tribes’’ means the Assiniboine and Sioux Indian on the date of the enactment of this Act, includ- enter into a cooperative agreement with Dry Tribes within the Fort Peck Indian Reservation. ing systems owned by individual tribal members Prairie Rural Water Association Incorporated October 13, 2000 CONGRESSIONAL RECORD — SENATE S10541 (or any successor non-Federal entity) to provide (3) the Secretary publishes a written finding (3) a time schedule for implementing the meas- Federal funds for the planning, design, and that the water conservation plan developed ures and this Act to meet the water conservation construction of the Dry Prairie Rural Water under section 7 includes prudent and reasonable objectives. System in Roosevelt, Sheridan, Daniels, and water conservation measures for the operation (b) PURPOSE.—The water conservation plan Valley Counties, Montana, outside the Fort of the Dry Prairie Rural Water System that under subsection (a) shall be designed to ensure Peck Indian Reservation. have been shown to be economically and finan- that users of water from the Assiniboine and (2) USE OF FEDERAL FUNDS.— cially feasible. Sioux Rural Water System and the Dry Prairie (A) FEDERAL SHARE.—The Federal share of (f) INTERCONNECTION OF FACILITIES.—The Sec- Rural Water System will use the best practicable the cost of planning, design, and construction of retary shall— technology and management techniques to con- the Dry Prairie Rural Water System shall be not (1) interconnect the Dry Prairie Rural Water serve water. more than 76 percent, and shall be funded with System with the Assiniboine and Sioux Rural (c) PUBLIC PARTICIPATION.—Section 210(c) of amounts appropriated from the reclamation Water System; and the Reclamation Reform Act of 1982 (43 U.S.C. fund. Such amounts shall not be returnable or (2) provide for the delivery of water to the Dry 390jj(c)) shall apply to an activity authorized reimbursable under the Federal reclamation Prairie Rural Water System from the Missouri under this Act. laws. River through the Assiniboine and Sioux Rural SEC. 8. WATER RIGHTS. (B) COOPERATIVE AGREEMENTS.—Federal Water System. funds made available to carry out this section (g) LIMITATION ON USE OF FEDERAL FUNDS.— (a) IN GENERAL.—This Act does not— may be obligated and expended only through a (1) IN GENERAL.—The operation, maintenance, (1) impair the validity of or preempt any pro- cooperative agreement entered into under sub- and replacement expenses associated with water vision of State water law or any interstate com- section (c). deliveries from the Assiniboine and Sioux Rural pact governing water; (b) COMPONENTS.—The components of the Dry Water System to the Dry Prairie Rural Water (2) alter the right of any State to any appro- Prairie Rural Water System facilities on which System shall not be a Federal responsibility and priated share of the water of any body of sur- Federal funds may be obligated and expended shall be borne by the Dry Prairie Rural Water face or ground water, whether determined by under this section shall include— System. any past or future interstate compact or by any (1) storage, pumping, interconnection, and (2) FEDERAL FUNDS.—The Secretary may not past or future legislative or final judicial alloca- pipeline facilities; obligate or expend any Federal funds for the op- tion; (2) appurtenant buildings and access roads; eration, maintenance, or replacement of the Dry (3) preempt or modify any Federal or State (3) all property and property rights necessary Prairie Rural Water System. law or interstate compact concerning water for the facilities described in this subsection; (h) TITLE TO DRY PRAIRIE RURAL WATER SYS- quality or disposal; (4) electrical power transmission and distribu- TEM.—Title to the Dry Prairie Rural Water Sys- (4) confer on any non-Federal entity the au- tion facilities necessary for service to Dry Prai- tem shall be held by Dry Prairie Rural Water thority to exercise any Federal right to the rie Rural Water System facilities; and Association, Incorporated. water of any stream or to any ground water re- (5) other facilities customary to the develop- SEC. 6. USE OF PICK-SLOAN POWER. source; ment of rural water distribution systems in the (a) IN GENERAL.—From power designated for State, including supplemental water intake, (5) affect any right of the Fort Peck Tribes to future irrigation and drainage pumping for the pumping, and treatment facilities. water, located within or outside the external Pick-Sloan Missouri Basin program, the West- (c) COOPERATIVE AGREEMENT.— boundaries of the Fort Peck Indian Reservation, (1) IN GENERAL.—The Secretary, with the con- ern Area Power Administration shall make based on a treaty, compact, executive order, currence of the Assiniboine and Sioux Rural available, at the firm power rate, the capacity agreement, Act of Congress, aboriginal title, the Water System Board, shall enter into a coopera- and energy required to meet the pumping and decision in Winters v. United States, 207 U.S. tive agreement with Dry Prairie Rural Water incidental operational requirements of the Fort 564 (1908) (commonly known as the ‘‘Winters Association Incorporated to provide Federal as- Peck Reservation Rural Water System. Doctrine’’), or other law; or sistance for the planning, design, and construc- (b) QUALIFICATION TO USE PICK-SLOAN (6) validate or invalidate any assertion of the tion of the Dry Prairie Rural Water System. POWER.—For as long as the Fort Peck Reserva- existence, nonexistence, or extinguishment of (2) MANDATORY PROVISIONS.—The cooperative tion rural water supply system operates on a any water right held or Indian water compact agreement under paragraph (1) shall specify, in not-for-profit basis, the portions of the water entered into by the Fort Peck Tribes or by any a manner that is acceptable to the Secretary supply project constructed with assistance other Indian tribe or individual Indian under and Dry Prairie Rural Water Association under this Act shall be eligible to receive firm Federal or State law. Incorporated— power from the Pick-Sloan Missouri Basin pro- (b) OFFSET AGAINST CLAIMS.—Any funds re- (A) the responsibilities of each party to the gram established by section 9 of the Act of De- ceived by the Fort Peck Tribes pursuant to this agreement for— cember 22, 1944 (chapter 665; 58 Stat. 887), popu- Act shall be used to offset any claims for money (i) needs assessment, feasibility, and environ- larly known as the Flood Control Act of 1944. damages against the United States by the Fort mental studies; (c) RECOVERY OF EXPENSES.— Peck Tribes, existing on the date of the enact- (ii) engineering and design; (1) ASSINIBOINE AND SIOUX RURAL WATER SYS- ment of this Act, for water rights based on a (iii) construction; TEM.—In the case of the Assiniboine and Sioux treaty, compact, executive order, agreement, Act (iv) water conservation measures; and Rural Water System, the Western Area Power of Congress, aboriginal title, the decision in (v) administration of contracts relating to per- Administration shall recover expenses associated Winters v. United States, 207 U.S. 564 (1908), or formance of the activities described in clauses (i) with power purchases under subsection (a) other law. through (iv); through a separate power charge sufficient to (B) the procedures and requirements for ap- cover such expenses. Such charge shall be paid SEC. 9. AUTHORIZATION OF APPROPRIATIONS. proval and acceptance of the design and con- fully through the annual appropriations to the (a) ASSINIBOINE AND SIOUX RURAL WATER struction and for carrying out other activities Bureau of Indian Affairs. SYSTEM.—There are authorized to be described in subparagraph (A); and (2) DRY PRAIRIE RURAL WATER SYSTEM.—In appropriated— (C) the rights, responsibilities, and liabilities the case of the Dry Prairie Rural Water System, (1) to the Bureau of Reclamation over a period of each party to the agreement. the Western Area Power Administration shall of 10 fiscal years, $124,000,000 for the planning, (d) SERVICE AREA.— recover expenses associated with power pur- design, and construction of the Assiniboine and (1) IN GENERAL.—Except as provided in para- chases under subsection (a) through a separate Sioux Rural Water System; and graph (2), the service area of the Dry Prairie power charge sufficient to cover expenses. Such (2) to the Bureau of Indian Affairs such sums Rural Water System shall be the area in the charge shall be paid fully by the Dry Prairie as are necessary for the operation and mainte- State— Rural Water System. nance of the Assiniboine and Sioux Rural Water (A) north of the Missouri River; (d) ADDITIONAL POWER.—If power in addition System. (B) south of the border between the United to that made available under subsection (a) is (b) DRY PRAIRIE RURAL WATER SYSTEM.— States and Canada; required to meet the pumping requirements of (C) west of the border between the States of There is authorized to be appropriated, over a the Fort Peck Reservation Rural Water System, North Dakota and Montana; and period of 10 fiscal years, $51,000,000 for the plan- (D) east of the western line of range 39 east. the Administrator of the Western Area Power ning, design, and construction of the Dry Prai- (2) FORT PECK INDIAN RESERVATION.—The Administration may purchase the necessary ad- rie Rural Water System. service area shall not include the area inside the ditional power at the best available rate. The (c) COST INDEXING.—The funds authorized to Fort Peck Indian Reservation. costs of such purchases shall be reimbursed to be appropriated may be increased or decreased (e) LIMITATION ON AVAILABILITY OF CON- the Administrator according to the terms identi- by such amounts as are justified by reason of STRUCTION FUNDS.—The Secretary shall not ob- fied in subsection (c). ordinary fluctuations in development costs in- ligate funds for construction of the Dry Prairie SEC. 7. WATER CONSERVATION PLAN. curred after October 1, 1998, as indicated by en- Rural Water System until— (a) IN GENERAL.—The Fort Peck Tribes and gineering cost indices applicable for the type of (1) the requirements of the National Environ- Dry Prairie Rural Water Association Incor- construction involved. mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) porated shall develop a water conservation plan Mr. LOTT. I ask unanimous consent are met with respect to the Dry Prairie Rural containing— the Senate agree to the amendment of Water System; (1) a description of water conservation objec- (2) on or after the date that is 90 days after tives; the house. the date of submission to Congress of a final en- (2) a description of appropriate water con- The PRESIDING OFFICER. Without gineering report approved by the Secretary; and servation measures; and objection, it is so ordered. S10542 CONGRESSIONAL RECORD — SENATE October 13, 2000 CONVEYING WATER FACILITIES TO have only become more difficult as the The legislation passed today author- THE NORTHERN COLORADO region has been forced to deal with the izes the Bureau of Reclamation to WATER CONSERVANCY DISTRICT recovery of threatened and endangered spend some of the funds previously au- Mr. LOTT. I ask unanimous consent salmon and steelhead species. Over the thorized for the electrification project the Senate proceed to H.R. 4389, which past year, however, I have been pleased to develop this new approach. There was received from the House. to support a new era of cooperation are several studies and undertakings The PRESIDING OFFICER. The among tribes and various irrigation necessary to determine with certainty clerk will report by title. districts in Eastern Washington. An the efficacy and cost of this pump ex- area of consensus has developed around The assistant legislative clerk read change project. These include carrying the concept of ‘‘pump exchanges,’’ as follows: out a feasibility study, including an es- which move the intake systems of irri- A bill (H.R. 4389) to direct the Secretary of gation districts from over appropriated timate of project benefits, an environ- the Interior to convey certain water dis- streams and rivers to rivers down- mental impact analysis, and preparing tribution facilities to the Northern Colorado a feasibility level design and cost esti- Water Conservancy District. stream with more water. In July, I in- troduced legislation that authorizes mates as well as securing critical There being no objection, the Senate the study of a pump exchange for the right-of-way areas. proceeded to consider the bill. Okanogan Irrigation District and the Mr. LOTT. I ask unanimous consent This change in approach to enhanc- Confederated Tribes of the Colville the bill be read the third time and ing flows in the lower Yakima is enthu- Reservation. I hope this legislation will siastically supported by the resource passed, the motion to reconsider be receive quick approval during the 107th laid upon the table, and any state- agencies of the State of Washington, Congress. including the Washington State De- ments be printed in the RECORD. H.R. 3986 will amend the Yakima partment of Ecology, as well as by the The PRESIDING OFFICER. Without River Basin Water Enhancement Pro- objection, it is so ordered. gram, YRBWEP, first approved by Con- Northwest Power Planning Council, The bill (H.R. 4389) was read the third gress in 1994 (P.L. 103–434). That legis- the Bonneville Power Administration, time and passed. lation established a comprehensive National Marine Fisheries Service, and f framework for increasing critical flows the United States Fish and Wildlife Service. MISSOURI RIVER BASIN PROJECT in the Yakima River in order to reverse a longstanding trend of declining salm- It is important to note that a change on and steelhead runs. One portion of in the diversion for K.I.D. from the PROSSER DIVERSION DAM that legislation, Section 1208, author- Yakima River to the Columbia River ized a specific project to electrify hy- Mr. LOTT. I ask unanimous consent will completely change the current draulic turbines at the Chandler Pump- the Energy Committee be discharged operational philosophy of the district. ing Plant near Prosser, Washington. By from further consideration of H.R. 2984 It will evolve from a relatively simple converting these pumps from hydraulic and H.R. 3986. I further ask consent the to electrical power, an additional 400 system relying on gravity to supply its Senate proceed en bloc to their consid- second feet of water would be added to customers to one of significant addi- eration. a 12-mile stretch of the Yakima River tional complexity involving a major The PRESIDING OFFICER. Without below Prosser Dam called Chandler pump station and pressure pipeline to objection, it is so ordered. The clerk Reach. This project would increase sur- the main feeder canals. This remod- will report the bills by title. vival rates and provide important new eling of K.I.D. will have significant im- The legislative clerk read as follows: habitat for both the anadramous and pact on the existing system and its A bill (H.R. 2984) to direct the Secretary of resident fisheries in this critical sec- users during construction, startup, and the Interior, through the Bureau of Reclama- tion of the Yakima River. This elec- transition. That is why it is essential tion, to convey to the Loup Basin Reclama- trification project is still a good ap- for K.I.D. to be in a position to develop tion District, the Sargent River Irrigation District, and the Farwell Irrigation District, proach to augmenting Yakima River these facilities in a way that best fits Nebraska, property comprising the assets of flows, but early in its implementation their current and future operational the Middle Loup Division of the Missouri an even better idea was developed that goals and causes the least impact to River Basin Project, Nebraska; can nearly double the benefits pro- the district water users. This legisla- A bill (H.R. 3986) to provide for a study of jected from electrification. tion requires the Bureau of Reclama- the engineering feasibility of a water ex- The pump exchange approach pro- tion to give K.I.D. substantial control change in lieu of electrification of the Chan- posed in H.R. 3986 could result in com- dler Pumping Plant at Prosser Diversion over the planning and design work in pletely eliminating the need to divert this study with the Bureau, of course, Dam, Washington. water at Prosser Dam and Wanawish having final approval. It is an approach There being no objection, the Senate Dam for use by the Kennewick Irriga- that will continue local improvement proceeded to consider the bills. tion District, K.I.D., and the Columbia Mr. GORTON. Mr. President, today, River Irrigation District, C.I.D. This and support, which is vital to the suc- the Senate will pass H.R. 3986, a bill in- plan will require building a new pump- cess of this project and other projects. troduced by Representative DOC ing plant on the Columbia River and a I thank Representative DOC HASTINGS HASTINGS, R-Washington, that will au- pipeline to connect this new facility to for his leadership on this bill in the thorize the Bureau of Reclamation to K.I.D. This approach could add back to House of Representatives and appre- study the feasibility of moving the in- the Yakima River during critical flow ciate the support of my colleagues in take system for the Kennewick Irriga- periods the entire 749 second feet of passing this bill that will provide a tion District from the Yakima River to water now diverted at Prosser Dam. crucial component to the salmon re- the Columbia River. I introduced a This project might well be the key to covery efforts in the Yakima Basin. similar bill earlier this year, S. 2163, the success of the rest of the YRBWEP which was passed by the Senate Energy program. For the extensive efforts Mr. LOTT. I ask unanimous consent and Natural Resources Committee ear- being made farther upstream to be en- the bills be read the third time and lier this month. The Senate’s action tirely successful, the lower sections of passed, the motions to reconsider be today sends this bill, critical to Cen- the Yakima River must provide the laid upon the table, any statements be tral Washington’s efforts to recover conditions necessary for salmon and printed in the RECORD with the above threatened and endangered salmon, to steelhead to survive their journey to occurring en bloc. the President’s desk—an achievement and from the upper river and its tribu- The PRESIDING OFFICER. Without long sought by the Yakama Indian Na- taries. The Chandler Reach and the objection, it is so ordered. tion and the irrigators of the Yakima lower Yakima must have sufficient River Basin. water at the right time for anadromous The bill (H.R. 2984) was read the third Disputes over how to allocate and use fish to be able to transit this area. time and passed. water have always been contentious in Without it, the programs upstream will The bill (H.R. 3986) was read the third the Pacific Northwest, and the disputes be less effective. time and passed. October 13, 2000 CONGRESSIONAL RECORD — SENATE S10543 CORRECTING THE ENROLLMENT Mr. LOTT. I ask unanimous consent Canada to establish a joint commission to study OF H.R. 2348 the resolution be agreed to and the mo- the feasibility and advisability of linking the tion to reconsider be laid upon the rail system in Alaska to the nearest appropriate Mr. LOTT. I ask unanimous consent point on the North American continental rail the Senate proceed to the consider- table. The PRESIDING OFFICER. Without system. ation of S. Con. Res. 151, which is at objection, it is so ordered. SEC. 4. COMPOSITION OF COMMISSION. the desk. The concurrent resolution (H. Con. (a) MEMBERSHIP.— The PRESIDING OFFICER. The Res. 423) was agreed to. (1) TOTAL MEMBERSHIP.—The Agreement clerk will report the concurrent resolu- should provide for the Commission to be com- f tion by title. posed of 20 members, of which 10 members are The assistant legislative clerk read RAILS TO RESOURCES ACT OF 2000 appointed by the President and 10 members are as follows: appointed by the Government of Canada. Mr. LOTT. Mr. President, I ask unan- (2) GENERAL QUALIFICATIONS.—The Agreement A concurrent resolution (S. Con. Res. 151) imous consent that the Senate proceed should provide for the membership of the Com- to make corrections in enrollment of the bill to the consideration of Calendar No. mission, to the maximum extent practicable, to H.R. 2348 to authorize the Bureau of Rec- 718, S. 2253. be representative of— lamation to provide cost sharing for the en- The PRESIDING OFFICER. The (A) the interests of the local communities (in- dangered fish recovery implementation pro- clerk will report the bill by title. cluding the governments of the communities), grams for the Upper Colorado and San Juan The assistant legislative clerk read aboriginal peoples, and businesses that would be River Basins. as follows: affected by the connection of the rail system in There being no objection, the Senate A bill (S. 2253) to authorize the establish- Alaska to the North American continental rail proceeded to consider the concurrent ment of a joint United States-Canada com- system; and resolution. mission to study the feasibility of con- (B) a broad range of expertise in areas of necting the rail system to Alaska to the knowledge that are relevant to the significant Mr. LOTT. I ask unanimous consent issues to be considered by the Commission, in- the concurrent resolution be agreed to North American continental rail system, and for other purposes. cluding economics, engineering, management of and the motion to reconsider be laid resources (such as minerals and timber), social upon the table. There being no objection, the Senate sciences, fish and game management, environ- The PRESIDING OFFICER. Without proceeded to consider the bill which mental sciences, and transportation. objection, it is so ordered. had been reported from the Committee (b) UNITED STATES MEMBERSHIP.—If the The concurrent resolution (S. Con. on Foreign Relations with an amend- United States and Canada enter into an agree- Res. 151) was agreed to, as follows: ment, as follows: ment providing for the establishment of the (Strike out all after the enacting Commission, the President shall appoint the S. CON. RES. 151 clause and insert the part printed in United States members of the Commission as fol- Resolved by the Senate (the House of Rep- italic.) lows: resentatives concurring), That, in the enroll- SECTION 1. SHORT TITLE. (1) Two members from among persons who are ment of the bill (H.R. 2348) to authorize the This Act may be cited as the ‘‘Rails to Re- qualified to represent the interests of commu- Bureau of Reclamation to provide cost shar- sources Act of 2000’’. nities and local governments of Alaska. ing for the endangered fish recovery imple- SEC. 2. FINDINGS. (2) One member representing the State of Alas- mentation programs for the Upper Colorado Congress finds that— ka, to be nominated by the Governor of Alaska. and San Juan River Basins, the Clerk of the (1) rail transportation is an essential compo- (3) One member from among persons who are House shall make the following correction: nent of the North American intermodal trans- qualified to represent the interests of Native Strike section 4 and insert: portation system; Alaskans residing in the area of Alaska that SEC. 4. EFFECT OF RECLAMATION LAW (2) the development of economically strong would be affected by the extension of rail serv- Specifically with regard to the acreage and socially stable communities in the western ice. limitation provisions of Federal reclamation United States and Canada was encouraged sig- (4) Three members from among persons in- law, any action taken pursuant to or in fur- nificantly by government policies promoting the volved in commercial activities in Alaska who therance of this title will not: development of integrated transcontinental, are qualified to represent commercial interests in (1) be considered in determining whether a interstate and interprovincial rail systems in the Alaska, of which one shall be a representative district as defined in section 202(2) of the states, territories and provinces of the two coun- of the Alaska Railroad Corporation. Reclamation Reform Act of 1982 (43 U.S.C. tries; (5) Three members with relevant expertise, at 390bb) has discharged its obligation to repay (3) United States and Canadian federal sup- least one of whom shall be an engineer with ex- the construction cost of project facilities port for the completion of new elements of the pertise in subarctic transportation. used to make irrigation water available for transcontinental, interstate and interprovincial (c) CANADIAN MEMBERSHIP.—The Agreement delivery to land in the district; rail systems was halted before rail connections should provide for the Canadian membership of (2) serve as the basis for reinstating acre- were established to the state of Alaska and the the Commission to be representative of broad age limitation provisions in a district that Yukon Territory; categories of interests of Canada as the Govern- (4) both public and private lands in Alaska, has completed payment of its construction ment of Canada determines appropriate, con- the Yukon Territory and northern British Co- obligation; or sistent with subsection (a)(2). lumbia, including lands held by aboriginal peo- (3) serve as the basis for increasing the SEC. 5. GOVERNANCE AND STAFFING OF COMMIS- ples, contain extensive deposits of oil, gas, coal construction repayment obligation of the SION. and other minerals as well as valuable forest district and thereby extending the period (a) CHAIRMAN.—The Agreement should pro- products which presently are inaccessible, but during which the acreage limitation provi- vide for the Chairman of the Commission to be which could provide significant economic ben- sions will apply. elected from among the members of the Commis- efit to local communities and to both nations if sion by a majority vote of the members. f an economically efficient transportation system (b) COMPENSATION AND EXPENSES OF UNITED was available; STATES MEMBERS.— AUTHORIZING USE OF THE CAP- (5) rail transportation in otherwise isolated (1) COMPENSATION.—Each member of the Com- ITOL GROUNDS FOR THE MIL- areas facilitates controlled access and reduced mission appointed by the President who is not LION FAMILY MARCH overall impact to environmentally sensitive areas; an officer or employee of the Federal Govern- Mr. LOTT. I ask unanimous consent (6) the extension of the continental rail system ment shall be compensated at a rate equal to the the Senate proceed to the immediate through northern British Columbia and the daily equivalent of the annual rate of basic pay consideration of H. Con. Res. 423, which Yukon Territory to the current terminus of the prescribed for level IV of the Executive Schedule is at the desk. Alaska Railroad would significantly benefit the under section 5315 of title 5, United States Code, U.S. and Canadian visitor industries by facili- for each day (including travel time) during The PRESIDING OFFICER. The which such member is engaged in the perform- clerk will report the resolution by tating the comfortable movement of passengers over long distances while minimizing effects on ance of the duties of the Commission. Each such title. the surrounding areas; and member who is an officer or employee of the The assistant legislative clerk read (7) ongoing research and development efforts United States shall serve without compensation as follows: in the rail industry continue to increase the effi- in addition to that received for services as an of- A concurrent resolution (H. Con. Res. 423) ciency of rail transportation, ensure safety, and ficer or employee of the United States. authorizing the use of the Capitol Grounds decrease the impact of rail service on the envi- (2) TRAVEL EXPENSES.—The members of the for the Million Family March. ronment. Commission appointed by the President shall be SEC. 3. AGREEMENT FOR A UNITED STATES-CAN- allowed travel expenses, including per diem in There being no objection, the Senate ADA BILATERAL COMMISSION. lieu of subsistence, at rates authorized for em- proceeded to consider the concurrent The President is authorized and urged to ployees of agencies under subchapter I of chap- resolution. enter into an agreement with the Government of ter 57 of title 5, United States Code, while away S10544 CONGRESSIONAL RECORD — SENATE October 13, 2000 from their homes or regular places of business in mencement date, a report on the results of the In 1992, through negotiations between the performance of services for the Commission. study, including the Commission’s findings re- our State Department and the Syrian (c) STAFF.— garding the feasibility and advisability of link- regime, President Assad allowed the (1) IN GENERAL.—The Agreement should pro- ing the rail system in Alaska as described in last remnants of Syria’s Jewish com- vide for the appointment of a staff and an exec- subsection (a)(1) and the Commission’s rec- munity to leave Syria. For years, this utive director to be the head of the staff. ommendations regarding the preferred route and (2) COMPENSATION.—Funds made available for any alternative routes for the rail segment es- community faced religious persecution, the Commission by the United States may be tablishing the linkage. restrictions on the right to travel and used to pay the compensation of the executive SEC. 7. COMMENCEMENT AND TERMINATION OF emigrate, and other forms of harass- director and other personnel at rates fixed by COMMISSION. ment. When Assad finally agreed to let the Commission that are not in excess of the rate (a) COMMENCEMENT.—The Agreement should them go, he insisted that they come to payable for level V of the Executive Schedule provide for the Commission to begin to function this country as tourists, rather than as under section 5316 of title 5, United States Code. on the date on which all members are appointed refugees fleeing religious tyranny, in (d) OFFICE.—The Agreement should provide to the Commission as provided for in the Agree- order to avoid the appearance that his for the office of the Commission to be located in ment. repression had driven out a consider- a mutually agreed location within the impacted (b) TERMINATION.—The Commission should be able number of his own citizens. We areas of Alaska, the Yukon Territory, and terminated 90 days after the date on which the permitted this fiction in order to res- northern British Columbia. Commission submits its report under section 6. (e) MEETINGS.—The Agreement should provide cue people desperate for freedom, but SEC. 8. FUNDING. obviously, the 2000 Syrian Jews who for the Commission to meet at least biannually (a) RAILS TO RESOURCES FUND.—The Agree- to review progress and to provide guidance to ment should provide for the following: came here in 1992 were never tourists— staff and others, and to hold, in locations with- (1) ESTABLISHMENT.—The establishment of an they were seeking a permanent home in the affected areas of Alaska, the Yukon Ter- interest-bearing account to be known as the and a life free of religious and political ritory and northern British Columbia, such ad- ‘‘Rails to Resources Fund’’. oppression. ditional informational or public meetings as the (2) CONTRIBUTIONS.—The contribution by the Once safely in the United States, the Commission deems necessary to the conduct of United States and the Government of Canada to Syrian Jews had no choice but to re- its business. the Fund of amounts that are sufficient for the quest asylum, and asylum was granted. (f) PROCUREMENT OF SERVICES.—The Agree- Commission to carry out its duties. But because of the long delays that ment should authorize and encourage the Com- (3) AVAILABILITY.—The availability of mission to procure by contract, to the maximum asylees face in obtaining permanent amounts in the Fund to pay the costs of Com- resident status, the Syrian Jews still extent practicable, the services (including any mission activities. have not become permanent residents temporary and intermittent services) that the (4) DISSOLUTION.—Dissolution of the Fund Commission determines necessary for carrying upon the termination of the Commission and and gotten green cards. If they had out the duties of the Commission. In the case of distribution of the amounts remaining in the come to the United States as the refu- any contract for the services of an individual, Fund between the United States and the Gov- gees they truly were, instead of as funds made available for the Commission by the ernment of Canada. tourists, they would have become per- United States may not be used to pay for the (b) AUTHORIZATION OF APPROPRIATIONS.— manent residents years ago because services of the individual at a rate that exceeds There is authorized to be appropriated to any there is no annual cap on the number the daily equivalent of the annual rate of basic fund established as described in subsection pay prescribed for level V of the Executive of refugees permitted to move to per- (a)(1) $6,000,000, to remain available until ex- manent residency. Schedule under section 5316 of title 5, United pended. States Code. The Syrian Jews have suffered for SEC. 9. DEFINITIONS. years because of this situation, im- SEC. 6. DUTIES. In this Act: TUDY posed on them by the terms of the se- (a) S .— (1) AGREEMENT.—The term ‘‘Agreement’’ (1) IN GENERAL.—The Agreement should pro- means an agreement described in section 2. cret 1992 deal with Assad. Without vide for the Commission to study and assess, on (2) COMMISSION.—The term ‘‘Commission’’ green cards, those among them who are the basis of all available relevant information, means a commission established pursuant to any doctors and dentists, as many are, are the feasibility and advisability of linking the Agreement. unable to practice their professions rail system in Alaska to the North American under the New York State licensing continental rail system through the continu- Mr. LOTT. Mr. President, I ask unan- ation of the rail system in Alaska from its north- imous consent that the committee sub- system. As asylees, the Syrian Jews eastern terminus to a connection with the conti- stitute be agreed to, the bill, as amend- face restrictions on their right to trav- nental rail system in Canada. ed, be read the third time and passed, el abroad. Finally and most important, (2) SPECIFIC ISSUES.—The Agreement should the motion to reconsider be laid upon the Syrian Jews have been stalled for provide for the study and assessment to include the table, and any statements relating years in the efforts to become full citi- the consideration of the following issues: to the bill be printed in the RECORD. zens of our country, something all of (A) Railroad engineering. The PRESIDING OFFICER. Without them ardently want. (B) Land ownership. This legislation corrects this anom- objection, it is so ordered. (C) Geology. aly and directs the Attorney General The committee amendment in the (D) Proximity to mineral, timber, tourist, and to grant permanent resident status to other resources. nature of a substitute was agreed to. the Syrian Jews who came here in 1992. (E) Market outlook. The bill (S. 2253), as amended, was This will give this small group of peo- (F) Environmental considerations. read the third time and passed. ple the immigration status they should (G) Social effects, including changes in the f use or availability of natural resources. have had years ago, but for the fiction (H) Potential financing mechanisms. ADJUSTMENT OF STATUS OF that they were coming to the United (3) ROUTE.—The Agreement should provide for CERTAIN SYRIAN NATIONALS States as tourists. It will permit them the Commission, upon finding that it is feasible Mr. LOTT. Mr. President, I ask unan- to begin practicing their chosen profes- and advisable to link the rail system in Alaska sions and moving toward full citizen- imous consent that the Senate proceed as described in paragraph (1), to determine one ship. It will finally effectuate the or more recommended routes for the rail segment to consideration of H.R. 4681. agreement by which they emigrated that establishes the linkage, taking into consid- The PRESIDING OFFICER. The from Syria in the first place. Most of eration cost, distance, access to potential freight clerk will report the bill by title. all, it will guarantee the full blessings markets, environmental matters, and such other The assistant legislative clerk read of liberty to people who want nothing factors as the Commission determines relevant. as follows: (4) COMBINED CORRIDOR EVALUATION.—The more than to live in peace in a land Agreement should also provide for the Commis- A bill (H.R. 4681) to provide for the adjust- where the government doesn’t mistreat sion to consider whether it would be feasible ment of status of certain Syrian nationals. you simply because of your religion. and advisable to combine the power trans- There being no objection, the Senate Mr. LOTT. Mr. President, I ask unan- mission infrastructure and petroleum product proceeded to consider the bill. imous consent that the bill be read the pipelines of other utilities into one corridor with Mr. SCHUMER. Mr. President, I rise third time and passed, the motion to a rail extension of the rail system of Alaska. today to applaud the passage of a bill (b) REPORT.—The Agreement should require reconsider be laid upon the table, and the Commission to submit to Congress and the that will grant permanent residency any statements relating to the bill be Secretary of Transportation and to the Minister status to a small group of Syrian Jews printed in the RECORD. of Transport of the Government of Canada, not who fled the brutal dictatorship of The PRESIDING OFFICER. Without later than 3 years after the Commission com- Hafez Assad almost a decade ago. objection, it is so ordered. October 13, 2000 CONGRESSIONAL RECORD — SENATE S10545 The bill (H.R. 4681) was read the third Education and Labor Departments. most vulnerable Americans, people who time and passed. This legislation continues to be at the are without a home to call their own. f heart of the federal government’s re- Mr. President, while this legislation sponse to the ongoing problem of deals with homelessness, I want to STEWART B. McKINNEY HOMELESS homelessness in America. make it clear that Mr. Vento’s inter- ASSISTANCE ACT It is indeed fitting to honor Bruce ests and accomplishments go far be- Mr. LOTT. Mr. President, I ask unan- Vento by joining his name with that of yond this important area. He was one imous consent that the Senate proceed his friend and colleague, Stewart B. of the strongest proponents of FHA in to the consideration of H.R. 5417, which McKinney, on this legislation. In 1987, the Congress. He understood how FHA is at the desk. after Representative McKinney’s pass- has been a crucial tool in helping mil- The PRESIDING OFFICER. The ing, Bruce took a leading role in seek- lions of families attain the dream of clerk will report the bill by title. ing to name the programs that would homeownership in America. The assistant legislative clerk read serve persons who are homeless as the Mr. Vento played an active role in as follows: McKinney Act because of Stewart helping craft the bipartisan public A bill (H.R. 5417) to rename the Stewart B. McKinney’s ‘‘close association and con- housing reform legislation that passed McKinney Homeless Assistance Act as the cern and compassion that he espoused in 1998. He was a leader in the effort to ‘‘McKinney-Vento Homeless Assistance and reflected throughout his service’’ preserve affordable housing that has Act.’’ in Congress. We all recognize how well been threatened by expiring use re- There being no objection, the Senate these very same words, which Mr. strictions or rental assistance con- proceeded to consider the bill. Vento used to describe Stewart McKin- tracts. Important progress as made on Mr. SARBANES. Mr. President, I rise ney, embody the work and career of this front last year. He was a strong today to ask the Senate to pass legisla- Bruce F. Vento himself. supporter of the effort to increase and tion that has been sent to us by the Shortly after taking office, President strengthen community-based non-prof- House of Representatives that would Clinton asked then-speaker of the its in their efforts to develop affordable change the name of the Stewart B. House Tom Foley to organize a Task housing and revitalize our commu- McKinney Homeless Assistance Act to Force to look into the problem of nities. the McKinney-Vento Homeless Assist- homelessness. In February of that Mr. Vento has been a longstanding ance Act. This is one, small step we year, Mr. Vento was appointed as the supporter of the Community Reinvest- can take to honor a colleague who de- Chairman of that Task Force, which ment Act, CRA, because he understood voted his life to public service, particu- issued a comprehensive, nationally rec- how access to capital for homeowner- larly service on behalf of the most dis- ognized report to the Speaker one year ship and small businesses is the key to advantaged Americans. later. ensuring equal opportunity for all Bruce F. Vento has been one of the During the past few years, Mr. Vento Americans, regardless of the neighbor- most effective advocates on behalf of continued to work hard on the McKin- hoods they live in or their economic homeless people throughout his career. ney Act. He added language that im- status. I was privileged to work closely Mr. Vento was one of the first Members proved prevention planning and activi- with him to preserve CRA during the of Congress to bring the plight of the ties so that people do not become debate on financial services moderniza- nation’s homeless to the public’s atten- homeless due to lack of foresight or tion legislation. tion. In 1982, Bruce introduced legisla- planning. The Vento prevention lan- Finally, Mr. Vento was a strong sup- tion in the House of Representatives to guage added discharge planning re- porter of consumer protection laws, create the Emergency Shelter Grant quirements for persons who are dis- from the Fair Credit Reporting Act, to Program. He attached an amendment charged from publicly funded institu- the Equal Credit Opportunity Act, to to a housing bill to provide matching tions, that is, mental health facilities, the Home Ownership Equity Protection grants to repair vacant buildings to be youth facilities and correctional facili- Act. used as temporary shelters. This be- ties, so that people are not merely dis- Renaming the McKinney Act is one came the first national legislation to charged to the streets. small way that all of us can honor Mr. provide federal assistance for emer- Mr. Vento also introduced the Vento’s memory. Mr. President, Bruce gency homeless shelters. ‘‘Stand Down Authorization Act.’’ Cre- Vento will be sorely missed in the Con- Throughout the 1980s, Mr. Vento ated by several Vietnam veterans, gress of the United States. I want to worked repeatedly, with his colleagues Stand Downs are designed to give join President Clinton, my colleagues, on the House Banking Committee, to homeless veterans a brief respite from and many others in expressing my raise the profile of this issue and to life on the streets. The Stand Down bill deepest sympathies to Mr. Vento’s fam- build the coalitions necessary to enact would, in conjunction with the grass- ily and friends. comprehensive legislation to help the roots community, expand the VA’s role Mr. LOTT. Mr. President, I ask unan- homeless across this nation. In early in providing outreach assistance to imous consent that the bill be read the 1987, Representative Vento worked to homeless veterans. In this Congress, third time and passed, the motion to pass an aid package that included $100 H.R. 566 gained the strong support of reconsider be laid upon the table, and million for a program of emergency over 100 bipartisan cosponsors, the VA, any statements relating to the bill be shelter grants to help charitable orga- the American Legion, the Veterans of printed in the RECORD. nizations and state and local govern- Foreign Wars (VFW) and the Disabled The PRESIDING OFFICER. Without ments renovate buildings for the home- American Vets (DAV). objection, it is so ordered. less and succeeded in enacting the leg- Bruce Vento worked throughout his The bill (H.R. 5417) was read the third islation into law. entire career to improve and save the time and passed. In that same year, Congressman lives of homeless men, women and chil- f Vento was an original author of a larg- dren around this nation. In the tradi- er, more comprehensive measure that tion of Minnesota’s great leader, Hu- NATIONAL POLICE ATHLETIC became known as the Stewart B. bert H. Humphrey, Bruce has always LEAGUE YOUTH ENVIRONMENT McKinney Homeless Assistance Act, believed that we are elected to formu- ACT OF 2000 the first and only coordinated federal late and enact policies which improve Mr. LOTT. Mr. President, I ask unan- initiative directed toward the problem the quality of life of our citizens. I imous consent that the Senate proceed of homelessness and the only social have had the pleasure of working with to the consideration of H.R. 3235, which program that was passed during the him these many years to do just that. is at the desk. Reagan era. The McKinney Act seeks That is why I urge you to join me in The PRESIDING OFFICER. The to meet some of the immediate needs enacting into law this legislation to re- clerk will report the bill by title. of the homeless: shelter, food, health name our nation’s fundamental home- The assistant legislative clerk read care, education, job training services, less statute the McKinney-Vento Act. as follows: and transitional housing through pro- This act will duly honor a colleague A bill (H.R. 3235) to improve academic and grams at HUD, FEMA, HHS, and the who has worked long and hard for the social outcomes for youth and reduce both S10546 CONGRESSIONAL RECORD — SENATE October 13, 2000 juvenile crime and the risk that youth will that PALs have cut crime in Baltimore participate, under the direction of the Sec- become victims of crime by providing pro- by 30 percent and decreased juvenile retary of the Treasury, in the planning, co- ductive activities conducted by law enforce- victimization there by 40 percent. An- ordination, and implementation of security ment personnel during non-school hours. other study concluded that PAL re- operations at special events of national sig- nificance, as determined by the President. There being no objection, the Senate duced crime and gang activity in a proceeded to consider the bill. ‘‘(2) At the end of each fiscal year, the HUD housing development in El President through such agency or office as (At the request of Mr. DASCHLE, the Centro, California by 64 percent. the President may designate, shall report to following statement was ordered to be PAL programs involve close, positive the Congress— printed in the RECORD.) interaction between kids and cops, en- ‘‘(A) what events, if any, were designated ∑ Mrs. FEINSTEIN. Mr. President, I couraging youngsters to view the po- special events of national significance for se- am pleased that the Senate today, by lice in a favorable light and obey the curity purposes under paragraph (1); and unanimous consent, passed H.R. 3235, law. The programs are generally held ‘‘(B) the criteria and information used in the National Police Athletic League making each designation.’’. after school, during the prime hours On page 7, line 6, after ‘‘offense’’ insert ‘‘or Youth Enrichment Act of 2000, a bill that some youth turn to crime and that will authorize the Department of apprehension of a fugitive’’. other anti-social activities. On page 8, strike lines 17 through 19. Justice to provide grant money to po- PAL programs more than pay for On page 9, strike line 14 and insert the fol- lice after-school programs to reduce themselves, saving taxpayers millions lowing: crime and drug use. This bill is com- of dollars in crime, drug, and dropout issuance. panion legislation to S. 1874, a bill in- costs. The Department of Justice has ‘‘(11) With respect to subpoenas issued troduced by Senator GRAHAM, Senator found, for example, that each young- under paragraph (1)(A)(i)(III), the Attorney BINGAMAN, and myself. The Senate bill ster who drops out of high school and General shall issue guidelines governing the issuance of administrative subpoenas pursu- has a total of 22 cosponsors. turns to crime and drugs costs tax- I want to thank my colleagues in this ant to that paragraph. The guidelines re- payers a staggering $2–3 million. Even quired by this paragraph shall mandate that body, particularly my friend Senator so, the legislation requires any new administrative subpoenas may be issued only HATCH, for their support of this legisla- chapter seeking a grant to explain the after review and approval of senior super- tion. I also want to thank Representa- manner in which it will operate with- visory personnel within the respective inves- tive TOM BARRETT for his work on the out additional direct federal assistance tigative agency or component of the Depart- bill, and Representatives CANADY and when the act is discontinued. ment of Justice and of the United States At- SCOTT for helping shepherd the legisla- In short, this valuable legislation torney for the judicial district in which the tion through the House. administrative subpoena shall be served.’’. will help fight crime and benefit kids At the end of the bill, insert the following: I also want to acknowledge the tre- in California and across the country. It SEC. 6. ADMINISTRATIVE SUBPOENAS TO APPRE- mendous efforts of the Police Athletic will now go to President Clinton’s desk League in spreading the word about the HEND FUGITIVES. for signature.∑ (a) AUTHORITY OF ATTORNEY GENERAL.— bill. In particular, Ron Exley of the Mr. LOTT. Mr. President, I ask unan- Section 3486(a)(1) of title 18, United States California Police Activities League la- imous consent that the bill be read the Code, as amended by section 5 of this Act is bored tirelessly to build support for the third time and passed, the motion to further amended in subparagraph (A)(i)— legislation. reconsider be laid upon the table, and (1) by striking ‘‘offense or’’ and inserting H.R. 3235 would create a program di- any statements relating to the bill be ‘‘offense,’’; and recting the Department of Justice’s Of- (2) by inserting ‘‘or (III) with respect to the printed in the RECORD. apprehension of a fugitive,’’ after ‘‘chil- fice of Justice Programs to award The PRESIDING OFFICER. Without grants to the Police Athletic League, dren,’’. objection, it is so ordered. (b) ADDITIONAL BASIS FOR NONDISCLOSURE PAL, to establish new PAL chapters to The bill (H.R. 3235) was read the third ORDER.—Section 3486(a)(6) of title 18, United serve public housing projects and other time and passed. States Code, as amended by section 5 of this distressed areas and to expand existing f Act, is further amended in subparagraph chapters to assist additional youth. (B)— To do this, the bill would authorize PRESIDENTIAL THREAT (1) by striking ‘‘or’’ and the end of clause $16 million a year for 5 years beginning PROTECTION ACT OF 2000 (iii); with fiscal year 2001. The money would Mr. LOTT. Mr. President, I ask unan- (2) by striking the period at the end of be used to enhance the services pro- clause (iv) and inserting ‘‘; or’’; and imous consent that the Senate proceed (3) by adding at the end the following: vided by the existing 320 established to Calendar No. 775, H.R. 3048. ‘‘(v) otherwise seriously jeopardizing an in- PAL chapters and provide seed money The PRESIDING OFFICER. The vestigation or undue delay of a trial.’’. for the establishment of an additional clerk will report the bill by title. (c) DEFINITIONS.—Section 3486 of title 18, as 250 chapters over 5 years. The assistant legislative clerk read amended by section 5 of this Act, is further The Police Athletic League was as follows: amended by adding at the end the following: ‘‘(g) DEFINITIONS.—In this section— founded by police officers in New York A bill (H.R. 3048) to amend section 879 of ‘‘(1) the term ‘fugitive’ means a person City in 1914. Its mission is to offer an title 18, United States Code, to provide clear- who— alternative to crime, drugs, and vio- er coverage over threats against former ‘‘(A) having been accused by complaint, in- lence for our nation’s most at-risk Presidents and members of their families, formation, or indictment under Federal law and for other purposes. youth. In the last 75 years, PAL has be- of a serious violent felony or serious drug of- come one of the largest youth-crime There being no objection, the Senate fense, or having been convicted under Fed- prevention programs in the nation, proceeded to consider the bill. eral law of committing a serious violent fel- with a network of 1700 facilities serving AMENDMENT NO. 4319 ony or serious drug offense, flees or attempts more than 3000 communities and 1.5 Mr. LOTT. Mr. President, Senator to flee from, or evades or attempts to evade million young people. Over one-third of the jurisdiction of the court with jurisdic- HATCH has an amendment at the desk, tion over the felony; existing PALs are in California, and and I ask for its consideration. these chapters serve more than 300,000 ‘‘(B) having been accused by complaint, in- The PRESIDING OFFICER. The formation, or indictment under State law of at-risk youth. Off-duty police officers clerk will report. a serious violent felony or serious drug of- staff local chapters, and PALs receive The assistant legislative clerk read fense, or having been convicted under State most of their funding from private as follows: law of committing a serious violent felony or serious drug offense, flees or attempts to flee sources. The Senator from Mississippi [Mr. LOTT], from, or evades or attempts to evade, the ju- PALs currently provide kids with for Mr. HATCH, for himself, Mr. LEAHY, and risdiction of the court with jurisdiction over after-school recreational, educational, Mr. THURMOND, proposes an amendment mentoring, and crime prevention pro- numbered 4319. the felony; grams. By keeping kids busy and out of ‘‘(C) escapes from lawful Federal or State The amendment is as follows: custody after having been accused by com- trouble, PALs have significantly re- On page 3, strike lines 19 through 24 and in- plaint, information, or indictment of a seri- duced juvenile crime and victimization sert the following: ous violent felony or serious drug offense or in hundreds of communities across the ‘‘(e)(1) When directed by the President, the having been convicted of committing a seri- country. One study found, for example, United States Secret Service is authorized to ous violent felony or serious drug offense; or October 13, 2000 CONGRESSIONAL RECORD — SENATE S10547 ‘‘(D) is in violation of subparagraph (2) or section, whether each matter involved a fu- such subpoenas are, therefore, subject (3) of the first undesignated paragraph of sec- gitive from Federal or State charges, and the to broader dissemination. Moreover, tion 1073; identity of the agency or component of the since investigative agents issue such ‘‘(2) the terms ‘serious violent felony’ and Department of Justice or the Department of subpoenas directly, without review by ‘serious drug offense’ shall have the mean- the Treasury issuing the subpoena and im- ings given those terms in section 3559(c)(2) of posing the charges. a judicial officer or even a prosecutor, this title; and (2) EXPIRATION.—The reporting require- fewer ‘‘checks’’ are in place to ensure ‘‘(3) the term ‘investigation’ means, with ment of this subsection shall terminate in 3 the subpoena is issued with good cause respect to a State fugitive described in sub- years after the date of enactment of this sec- and not merely as a fishing expedition. paragraph (B) or (C) of paragraph (1), an in- tion. H.R. 3048 addresses these general con- vestigation in which there is reason to be- Mr. LEAHY. Mr. President, the Pres- cerns with the following procedural lieve that the fugitive fled from or evaded, or idential Threat Protection Act, H.R. safeguards, some of which would apply attempted to flee from or evade, the jurisdic- 3048, is a high priority for the Secret not only to the new administrative tion of the court, or escaped from custody, in Service and the Service’s respected Di- subpoena authority of the Secret Serv- or affecting, or using any facility of, inter- ice but also to current administrative state or foreign commerce, or as to whom an rector, Brian Stafford, and I am appropriate law enforcement officer or offi- pleased that this legislation is passing subpoena authority granted to the FBI cial of a State or political subdivision has re- the Senate today, along with legisla- to issue administrative subpoenas in quested the Attorney General to assist in the tion that Senators THURMOND, HATCH cases involving child abuse, child sex- investigation, and the Attorney General and I have crafted to assist the U.S. ual exploitation, and Federal health finds that the particular circumstances of Marshals Service in apprehending fugi- care offenses. the request give rise to a Federal interest tives. The new administrative subpoena au- sufficient for the exercise of Federal jurisdic- The Presidential Threat Protection thority in threat cases may only be ex- tion pursuant to section 1075.’’. Act, H.R. 3048, would expand or clarify ercised by the Secretary of the Treas- SEC. 7. FUGITIVE APPREHENSION TASK FORCES. the Secret Service’s authority in four ury upon determination of the Director (a) IN GENERAL.—The Attorney General ways. First, the bill would amend cur- of the Secret Service that the threat is shall, upon consultation with appropriate imminent, and the Secret Service must Department of Justice and Department of rent law to make clear it is a federal the Treasury law enforcement components, crime, which the Secret Service is au- notify the Attorney General of the establish permanent Fugitive Apprehension thorized to investigate, to threaten issuance of each subpoena. I should Task Forces consisting of Federal, State, any current or former President or note that this requirement will help and local law enforcement authorities in des- their immediate family, even if the ensure that administrative subpoenas ignated regions of the United States, to be person is not currently receiving Se- will be used in only the most signifi- directed and coordinated by the United cret Service protection and including cant investigations since obtaining the States Marshals Service, for the purpose of authorization for such a subpoena from locating and apprehending fugitives. those people who have declined contin- ued protection, such as former Presi- senior Treasury and Secret Service per- (b) AUTHORIZATION OF APPROPRIATIONS.— sonnel may take longer than simply There are authorized to be appropriated to dents, or have not yet received protec- going to the local U.S. Attorney’s of- the Attorney General for the United States tion, such as major Presidential and fice to get a grand jury subpoena. Marshals Service to carry out the provisions Vice-Presidential candidates and their of this section $30,000,000 for the fiscal year The bill would limit the scope of both families. current and new administrative sub- 2001, $5,000,000 for fiscal year 2002, and Second, the bill would incorporate in poena authority of the FBI for obtain- $5,000,000 for fiscal year 2003. statute certain authority, which is cur- (c) OTHER EXISTING APPLICABLE LAW.— ing records in child sex abuse and ex- rently embodied in a classified Execu- Nothing in this section shall be construed to ploitation cases from Internet Service tive Order, PDD 62, clarifying that the limit any existing authority under any other Providers to the name, address, local Secret Service is authorized to coordi- provision of Federal or State law for law en- and long distance telephone billing forcement agencies to locate or apprehend nate, design, and implement security records, telephone number or services fugitives through task forces or any other operations for events deemed of na- means. used by a subscriber. tional importance by the President ‘‘or The bill would also expressly allow a SEC. 8. STUDY AND REPORTS ON ADMINISTRA- the President’s designee.’’ TIVE SUBPOENAS. person whose records are demanded Third, the bill would establish a ‘‘Na- pursuant to an administrative sub- (a) STUDY ON USE OF ADMINISTRATIVE SUB- tional Threat Assessment Center’ with- POENAS.—Not later than December 31, 2001, poena to contest the administrative in the Secret Service to provide train- the Attorney General, in consultation with subpoena by petitioning a federal judge the Secretary of the Treasury, shall com- ing to State, local and other Federal to modify or set aside the subpoena. plete a study on the use of administrative law enforcement agencies on threat as- The bill would authorize a court to subpoena power by executive branch agen- sessments and public safety respon- order non-disclosure of the administra- cies or entities and shall report the findings sibilities. tive subpoena for up to 90 days (and up to the Committees on the Judiciary of the Finally, the bill authorizes the Sec- to a 90 day extension) upon a showing Senate and the House of Representatives. retary of the Treasury to issue admin- Such report shall include— that disclosure would adversely affect istrative subpoenas for investigations the investigation in an enumerated (1) a description of the sources of adminis- of ‘‘imminent’’ threats made against trative subpoena power and the scope of such way. subpoena power within executive branch an individual whom the service is au- Upon written demand, the agency agencies; thorized to protect. The Secret Service must return the subpoenaed records or (2) a description of applicable subpoena en- has requested that the Congress grant things if no case or proceedings arise forcement mechanisms; this administrative subpoena authority from the production of records ‘‘within (3) a description of any notification provi- to expedite investigation procedures a reasonable time.’’ sions and any other provisions relating to particularly in situations where an in- The administrative subpoena may safeguarding privacy interests; dividual has made threats against the not require production in less than 24 (4) a description of the standards governing President and is en route to exercise the issuance of administrative subpoenas; hours after service so agencies may and those threats. have to wait for at least a day before (5) recommendations from the Attorney ‘‘Administrative subpoena’’ is the demanding production. General regarding necessary steps to ensure term generally used to refer to a de- The Senate amendment to H.R. 3048 that administrative subpoena power is used mand for documents or testimony by would modify the House-passed and enforced consistently and fairly by exec- an investigative entity or regulatory version, which provides that violation utive branch agencies. agency that is empowered to issue the of the administrative subpoena is pun- (b) REPORT ON FREQUENCY OF USE OF AD- subpoena independently and without ishable by fine or up to five years’ im- MINISTRATIVE SUBPOENAS.— the approval of any grand jury, court prisonment. This penalty provision in (1) IN GENERAL.—The Attorney General and or other judicial entity. I am generally the House version of the bill is both un- the Secretary of the Treasury shall report in January of each year to the Committees on skeptical of administrative subpoena necessary and excessive since current the Judiciary of the Senate and the House of power. Administrative subpoenas avoid law already provides that failure to Representatives on the number of adminis- the strict grant jury secrecy rules and comply with the subpoena may be pun- trative subpoenas issued by them under this the documents provided in response to ished as a contempt of court—which is S10548 CONGRESSIONAL RECORD — SENATE October 13, 2000 either civil or criminal. See 18 U.S.C. November 1963 when President Ken- The bottom line is I hope that [Secret § 3486(c). Under current law, the general nedy was assassinated. The assassina- Service] agents will be exempted from testi- term of imprisonment for some forms tion of a President has international fying before the Grand Jury. What’s at stake of criminal contempt is up to six repercussions and threatens the secu- here is the protection of the life of the Presi- dent and his family and the confidence and months. See, e.g., 18 U.S.C. § 402. The rity and future of the entire nation. trust that a President must have in the [Se- Senate amendment would strike that The threat to our national security cret Service]. If a President feels that Secret provision in the House bill. and to our democracy extends beyond Service agents can be called to testify about Secret Service protective function the life of the President to those in di- what they might have seen or heard then it Privilege. While passage of this legisla- rect line of the Office of the Presi- is likely that the President will be uncom- tion will assist the Secret Service in dent—the Vice President, the Presi- fortable having the agents nearby. I allowed fulfilling its critical mission, this Con- dent-elect, and the Vice President the agents to have proximity first because gress is unfortunately coming to a elect. By Act of Congress, these offi- they had my full confidence and secondly be- cause I knew them to be totally discreet and close without addressing another sig- cials are required to accept the protec- tion of the Secret Service—they may honorable.... I can assure you that had I nificant challenge to the Secret Serv- felt they would be compelled to testify as to ice’s ability to fulfill its vital mission not turn it down. This statutory man- what they had seen or heard, no matter what of protecting the life and safety of the date reflects the critical importance the subject, I would not have felt com- President and other important persons. that Congress has attached to the fortable having them close in.... I feel I refer to the misguided and unfortu- physical safety of these officials. very strongly that the [Secret Service] nately successful litigation of Special Congress has also charged the Secret agents should not be made to appear in court Counsel Kenneth Starr to compel Se- Service with responsibility for pro- to discuss that which they might or might not have seen or heard. What’s at stake here cret Service agents to answer questions tecting visiting heads of foreign states and foreign governments. The assas- is the confidence of the President in the dis- about what they may have observed or cretion of the [Secret Service]. If that con- overheard while protecting the life of sination of a foreign head of state on American soil could be catastrophic fidence evaporates the agents, denied prox- the President. imity, cannot properly protect the Presi- As a result of Mr. Starr’s zealous ef- from a foreign relations standpoint and dent. could seriously threaten national secu- forts, the courts refused to recognize a As President Bush’s letter makes rity. protective function privilege and re- plain, requiring Secret Service agents quired that at least seven Secret Serv- The bill I introduced, S. 1360, would enhance the Secret Service’s ability to to betray the confidence of the people ice officers appear before a federal whose lives they protect could seri- grand jury to respond to questions re- protect these officials, and the nation, from the risk of assassination. It would ously jeopardize the ability of the garding President Clinton, and others. Service to perform its crucial national In re Grand Jury Proceedings, 1998 do this by facilitating the relationship of trust between these officials and security function. W.L. 272884 (May 22, 1998 D.C.), affirmed The possibility that Secret Service their Secret Service protectors that is 1998 WL 370584 (July 7, 1998 D.C. Cir) personnel might be compelled to tes- essential to the Secret Service’s pro- (per curiam). These recent court deci- tective strategy. Agents and officers tify about their protectees could have a sions, which refused to recognize a pro- surround the protectee with an all-en- particularly devastating affect on the tective function privilege, could have a compassing zone of protection on a 24- Service’s ability to protect foreign dig- devastating impact upon the Secret hour-a-day basis. In the face of danger, nitaries. The mere fact that this issue Service’s ability to provide effective they will shield the protectee’s body has surfaced is likely to make foreign protection. The Special Counsel and with their own bodies and move him to governments less willing to accommo- the courts ignored the voices of experi- a secure location. date Secret Service both with respect ence—former Presidents, Secret Serv- That is how the Secret Service avert- to the protection of the President and ice Directors, and others—who warned ed a national tragedy on March 30, 1981, Vice President on foreign trips, and the of the potentially deadly consequences. when John Hinckley attempted to as- protection of foreign heads of state The courts disregarded the lessons of sassinate President Reagan. Within traveling in the United States. history. We cannot afford to be so cav- seconds of the first shot being fired, Se- The security of our chief executive alier; the stakes are just too high. cret Service personnel had shielded the officers and visiting foreign heads of In order to address this problem, I in- President’s body and maneuvered him state should be a matter that tran- troduced the Secret Service Protective into the waiting limousine. One agent scends all partisan politics and I regret Privilege Act, S. 1360, on July 13, 1999, in particular, Agent Tim McCarthy, po- that this legislation does not do more to establish a Secret Service protective sitioned his body to intercept a bullet to help the Secret Service by providing function privilege so Secret Service intended for the President. If Agent a protective function privilege. agents will not be put in the position of McCarthy had been even a few feet far- The Fugitive Apprehension Act. The revealing private information about ther from the President, history might Senate amendment to H.R. 3048 incor- protected officials as Special Pros- have gone very differently. porates into the bill the substance of ecutor Kenneth Starr compelled the For the Secret Service to maintain the Thurmond-Biden-Leahy substitute Secret Service to do with respect to this sort of close, unremitting prox- amendment to S. 2516, the Fugitive Ap- President Clinton. Unfortunately, the imity to the President and other prehension Act, which passed the Sen- Senate Judiciary Committee took no protectees, it must have their com- ate unanimously on July 26, 2000. That action on this legislation in this Con- plete, unhesitating trust and con- substitute amendment reconciled the gress. fidence. Secret Service personnel must significant differences between S. 2516, Few national interests are more com- be able to remain at the President’s as introduced, and S. 2761, ‘‘The Cap- pelling than protecting the life of the side even during confidential and sen- turing Criminals Act,’’ which I intro- President of the United States. The Su- sitive conversations, when they may duced with Senator KOHL on June 21, preme Court has said that the nation overhear military secrets, diplomatic 2000. The Senate amendment to H.R. has ‘‘an overwhelming interest in pro- exchanges, and family and private mat- 3048 makes certain changes to S. 2516 tecting the safety of its Chief Execu- ters. If our Presidents do not have com- to ensure that the authority granted is tive and in allowing him to perform his plete trust in the Secret Service per- consistent with privacy and other ap- duties without interference from sonnel who protect them, they could propriate safeguards. threats of physical violence.’’ Watts v. try to push away the Secret Service’s As a former prosecutor, I am well United States, 394 U.S. 705, 707 (1969). ‘‘protective envelope’’ or undermine it aware that fugitives from justice are What is at stake is not merely the safe- to the point where it could no longer be an important problem and that their ty of one person: it is the ability of the fully effective. capture is an essential function of law Executive Branch to function in an ef- This is more than a theoretical possi- enforcement. According to the FBI, fective and orderly fashion, and the ca- bility. Consider what former President nearly 550,000 people are currently fugi- pacity of the United States to respond Bush wrote in April, 1998, after hearing tives from justice on federal, state, and to threats and crises. Think of the of the independent counsel’s efforts to local felony charges combined. This shock waves that rocked the world in compel Secret Service testimony: means that there are almost as many October 13, 2000 CONGRESSIONAL RECORD — SENATE S10549 fugitive felons as there are citizens re- mechanism for federal law enforcement the Senate considers today, provide ex- siding in my home state of Vermont. agencies to obtain records useful for press authority for law enforcement to The fact that we have more than one tracking a fugitive’s whereabouts. apply for a court order directing the half million fugitives from justice, a The Thurmond-Biden-Leahy sub- custodian of records to delay notice to significant portion of whom are con- stitute amendment, which previously subscribers of the existence of the sub- victed felons in violation of probation passed the Senate, incorporated a num- poena on the same terms applicable in or parole, who have been able to flaunt ber of provisions from the Leahy-Kohl current law to other subpoenas issued, court order and avoid arrest, breeds ‘‘Capturing Criminals Act’’ and made for example, to telephone companies disrespect for our laws and poses unde- significant and positive modifications and financial institutions. This proce- niable risks to the safety of our citi- to the original version of S. 2516. These dure is consistent with provisions I zens. improvements are largely incorporated originally proposed in the Capturing Our Federal law enforcement agen- into the current Hatch-Leahy-Thur- Criminals Act. cies should be commended for the job mond amendments to H.R. 3048, which Fifth, S. 2516, as introduced, would they have been doing to date on cap- the Senate considers today. First, as have authorized use of an administra- turing federal fugitives and helping the introduced, S. 2516 would have limited tive subpoena in fugitive investiga- states and local communities bring use of an administrative subpoena to tions upon a finding by the Attorney their fugitives to justice. The U.S. those fugitives who have been ‘‘in- General that the documents are ‘‘rel- Marshals Service, our oldest law en- dicted,’’ and failed to address the fact evant and material,’’ which is further forcement agency, has arrested over that fugitives flee after arrest on the defined to mean that ‘‘there are 120,000 federal, state and local fugitives basis of a ‘‘complaint’’ and may flee articulable facts that show the fugi- in the past four years, including more after the prosecutor has filed an ‘‘infor- tive’s whereabouts may be discerned federal fugitives than all the other fed- mation’’ in lieu of an amendment. The from the records sought.’’ In my view, eral agencies combined. In prior years, prior substitute amendment and the changing the standard for issuance of a the Marshals Service spearheaded spe- current Hatch-Leahy-Thurmond subpoena from ‘‘relevancy’’ to a hybrid cial fugitive apprehension task forces, amendment to H.R. 3048, by contrast, of ‘‘relevant and material’’ would set a called FIST Operations, that targeted would allow use of such subpoenas to confusing precedent. Accordingly, the fugitives in particular areas and was track fugitives who have been accused current Hatch-Leahy-Thurmond singularly successful in arresting over in a ‘‘complaint, information or indict- amendment to H.R. 3048 amendment 34,000 fugitive felons. ment.’’ would authorize issuance of an admin- Similarly, the FBI has established Second, S. 2516, as introduced, would istrative subpoena in fugitive inves- twenty-four Safe Streets Task Forces have required the U.S. Marshals Serv- tigations based on the same standard exclusively focused on apprehending ice to report quarterly to the Attorney as for other administrative subpoenas, fugitives in cities around the country. General (who must transmit the report i.e., that the documents may be rel- Over the period of 1995 to 1999, the to Congress) on use of the administra- evant to an authorized law enforce- FBI’s efforts have resulted in the ar- tive subpoenas. While a reporting re- ment inquiry. rest of a total of 65,359 state fugitives. quirement is useful, the requirement as Sixth, the original S. 2516 authorized Nevertheless, the number of out- described in the original S. 2516 was the Attorney General to issue guide- standing fugitives is too large. The overly burdensome and insufficiently lines delegating authority for issuance Senate amendment to H.R. 3028 will specific. The prior substitute amend- of administrative subpoenas in fugitive help make a difference by providing ment and the current Hatch-Leahy- investigations only to the Director of new but limited administrative sub- Thurmond amendment to H.R. 3048 the U.S. Marshals Service, despite the poena authority to the Department of would require, as set forth in the Cap- fact that the FBI, and the Drug En- Justice to obtain documentary evi- turing Criminals Act, that the Attor- forcement Administration also want dence helpful in tracking down fugi- ney General report for the next three this authority to find fugitives on tives and by authorizing the Attorney years to the Judiciary Committees of charges over which they have inves- General to establish fugitive task both the House and Senate on the fol- tigative authority. The substitute forces. lowing information about the use of ad- amendment to S. 2516, which pre- Unlike initial criminal inquiries, fu- ministrative subpoenas in fugitive in- viously passed the Senate, and the cur- gitive investigations present unique vestigations: the number issued, by rent Hatch-Leahy-Thurmond amend- difficulties. Law enforcement may not which agency, identification of the ment to H.R. 3048, which we consider use grand jury subpoenas since, by the charges on which the fugitive was today, would authorize the Attorney time a person is a fugitive, the grand wanted and whether the fugitive was General to issue guidelines delegating jury phase of an investigation is usu- wanted on federal or state charges. authority for issuance of administra- ally over. Use of grand jury subpoenas Third, although the original S. 2516 tive subpoenas to supervisory per- to obtain phone or bank records to outlined the procedures for enforce- sonnel within components of the De- track down a fugitive would be an ment of an administrative subpoena, it partment. In addition, the current abuse of the grand jury. Trial sub- was silent on the mechanisms for con- Hatch-Leahy-Thurmond amendment to poenas may also not be used, either be- testing the subpoena by the recipient. H.R. 3048 would require that the Attor- cause the fugitive is already convicted The procedures outlined in H.R. 3048 ney General’s guidelines require that or no trial may take place without the address this issue in a manner fully administrative subpoenas in fugitive fugitive. consistent with those I originally out- investigations be issued only upon the This inability to use trial and grand lined in the Capturing Criminals Act review and approval of senior super- jury subpoenas for fugitive investiga- by allowing a person, who is served visory personnel within the respective tions creates a gap in law enforcement with an administrative subpoena, to investigating agency and of the U.S. procedures. Law enforcement partially petition a court to modify or set aside Attorney in the judicial district in fills this gap by using the All Writs the subpoena. which the subpoena would be served. Act, 28 U.S.C. § 1651(a), which author- Fourth, the original S. 2516 set forth Seventh, the original S. 2516 did not izes federal courts to ‘‘issue all writs no procedure for the government to address the issue that a variety of ad- necessary or appropriate in aid of their command a custodian of records to ministrative subpoena authorities exist respective jurisdictions and agreeable avoid disclosure or delay notice to a in multiple forms in every agency. The to the usages and principles of law.’’ customer about the existence of the substitute amendment to S. 2516, which The procedures, however, for obtaining subpoena. This is particularly critical previously passed the Senate, and the orders under the Act, and the scope and in fugitive investigations when law en- Hatch-Leahy-Thurmond amendment to non-disclosure terms of such orders, forcement does not want to alert a fu- H.R. 3048, which we consider today, in- vary between jurisdictions. Author- gitive that the police are on the per- corporates from the Capturing Crimi- izing administrative subpoena power son’s trail. Both the prior substitute nals Act a requirement that the Attor- will help bridge the gap in fugitive in- amendment to S. 2516, which passed the ney General provide a report on this vestigations by providing a uniform Senate last July, and H.R. 3048, which issue. S10550 CONGRESSIONAL RECORD — SENATE October 13, 2000 Eighth, the current Hatch-Leahy- the consideration of the conference re- expressed concerns about safety, we Thurmond amendment to H.R. 3048 port.) immediately listened to their concerns would limit the use of administrative (The conference report is printed in and accommodated them without put- subpoenas in fugitive investigations to the House proceedings of the RECORD of ting a hole in the cap that you could those fugitives who have been accused September 12, 2000.) fly the Shuttle through. or convicted of serious violent felony Mr. HOLLINGS. Mr. President, I rise Section 324 of the bill alters the pro- or serious drug offenses. in support of H.R. 1654 which author- visions of the Space Act relating to in- Finally, as introduced, S. 2516 au- izes appropriations for the National surance, indemnification, and cross thorized the U.S. Marshal Service to Aeronautics and Space Administration waivers for experimental launch vehi- establish permanent Fugitive Appre- for fiscal years 2000 to 2002. cles. Current law provides broad au- hension Task Forces. By contrast, the We have taken a long road to reach thority for the Administrator of NASA substitute amendment to S. 2516, which this point. I particularly want to thank to indemnify the developers of experi- previously passed the Senate, and the my fellow conferees, Senators MCCAIN, mental launch vehicles. As you may Hatch-Leahy-Thurmond amendment to FRIST, STEVENS, and BREAUX. You and know, the parallel authority under H.R. 3048, which we consider today, your staffs have worked in a profes- FAA’s licensing authority for oper- would authorize $40,000,000 over three sional, bipartisan manner to get this ational vehicles sunsets periodically. years for the Attorney General to es- bill done. Congratulations. H.R. 1654 places a sunset on the author- tablish multi-agency task forces In the past year alone, we have heard ity for experimental vehicles to allow (which will be coordinated by the Di- of great successes at NASA—launch of us to review its use. The bill also does rector of the Marshals Service) in con- the first element of the International not allow reciprocal waivers of liabil- sultation with the Secretary of the Space Station, discoveries about the ity in a case where a loss results from Treasury and the States, so that the nature of our universe by our new the willful misconduct of a party to Secret Service, BATF, the FBI and the Chandra X-Ray Observatory, the dis- such waiver. I am pleased we could include section States are able to participate in the covery of evidence to show liquid water 322 which would prohibit the licensing Task Forces to find their fugitives. on Mars. However, NASA has also seen some chinks in its armor with the fail- of the U.S. launch of a payload con- The Hatch-Leahy-Thurmond amend- taining advertising which would be ment to H.R. 3048 will help law enforce- ure of the Mars Climate Orbiter and the Mars Polar Lander and subsequent visible to the naked eye from space. It ment—with increased resources for re- also encourages the President to seek gional fugitive apprehension task questions about the ‘‘faster, better, cheaper’’ mission concept. I note that agreements with other nations to do forces and administrative subpoena au- the same. I, for one, do not believe that thority—to bring to justice both fed- Section 301 of the bill requires an inde- pendent cost analysis of missions that advertisements should compete for eral and state fugitives who, by their space in the sky with constellations, conduct, have demonstrated a lack of are projected to cost more than $150 million so that we do not operate under meteor showers, and planets. respect for our nation’s criminal jus- The conferees have authorized $25 unrealistic budget constraints that tice system. million in FY 2001 and 2002 for the have been blamed, in part, for these I urge that the Senate pass H.R. 3048 Commercial Remote Sensing Pro- losses. with the Hatch-Leahy-Thurmond gram’s data purchases. I hope that It seems that NASA is at a bit of a amendment without delay. such funding would be used to assist crossroads both in trying to operate Mr. LOTT. Mr. President, I ask unan- local and state government users ac- more efficiently without losing its ef- imous consent that the amendment be quire and use remote sensing data in fectiveness and in looking forward to agreed to, the bill, as amended, be read their operations. the third time and passed, the motion the day when the International Space The conferees have worked with the to reconsider be laid upon the table, Station will be complete. So you see, Administration to resolve several com- and any statements relating to the bill this is the perfect time for an author- plicated policy issues. We did not come be printed in the RECORD. ization bill like this one to help lay to the exact place the Administration The PRESIDING OFFICER. Without down a road map for the agency. wanted us to be. Nonetheless, I think objection, it is so ordered. Specifically, H.R. 1654 authorizes we have come to provisions which sat- The amendment (No. 4319) was agreed $13.6 billion for NASA in FY 2000, $14.2 isfy the Administration’s bottom line. to. billion in FY 2001, and $14.6 billion in Does the Administration love the bill? The bill (H.R. 3048), as amended, was FY 2002. These are at or above the re- Of course not—what agency likes over- read the third time and passed. quested level. The conference report sight, likes an authorization bill, espe- highlights some priorities within f cially if that agency has been oper- NASA’s accounts. I want to make it ating in the absence of authorization NATIONAL AERONAUTICS AND very clear for the record, though—this since FY 1993. Nonetheless, I think we SPACE ADMINISTRATION AU- is an authorization bill. None of this have done a good job. This is a bill the THORIZATION ACT OF 2000—CON- money in any of these accounts can be President can and should sign. FERENCE REPORT spent until appropriated. The VA–HUD We resolve the Administration’s con- appropriations law will have the final Mr. LOTT. Mr. President, I ask unan- cerns regarding onerous provisions re- say on spending, and that is as it imous consent that the Senate proceed lating to Russian involvement in the should be. to the conference report to accompany Space Station program by making Senator MCCAIN and Senator H.R. 1654, which is the NASA author- them country-neutral and forward- BREAUX, I am sure, will summarize the ization conference report. looking. The bill keeps the Space Sta- major provisions of this legislation. I tion Commercial Demonstration Pro- The PRESIDING OFFICER. The would like to discuss, briefly, why the clerk will report. gram in law, albeit for a shorter au- conferees did what we did in a few thorization period. H.R. 1654 will allow The assistant legislative clerk read places. NASA to lease an inflatable habitation as follows: The bill imposes a cap on the total module or ‘‘Trans-HAB.’’ The bill does The committee of conference on the dis- development cost of the International not terminate the Triana satellite pro- agreeing votes of the two Houses on the Space Station and related Space Shut- amendment of the Senate to the bill (H.R. gram. And, as I mentioned before, the 1654) to authorize appropriations for the Na- tle launch costs. While I am no sup- bill accounts for safety-related con- tional Aeronautics and Space Administra- porter of the International Space Sta- cerns about the cap provision. tion for fiscal years 2000, 2001, and 2002, and tion, I support the cap as a way of im- Unfortunately, we could not include for other purposes, having met, after full and posing a program that until recently some meritorious provisions which free conference, have agreed to recommend was bleeding more and more red ink were transmitted to the Hill with and do recommend to their respective Houses every day. NASA’s FY 2001 budget submission. I this report, signed by all of the conferees. Nonetheless, I am concerned about would be happy to work in the next The PRESIDING OFFICER. Without the safety of the Shuttle, the Station, Congress with NASA on a policy bill objection, the Senate will proceed to and our astronauts. As soon as NASA which meets these needs. October 13, 2000 CONGRESSIONAL RECORD — SENATE S10551 Finally, I thank the chairman of the the House’s proposal to eliminate the for Space Shuttle is authorized to pro- Commerce Committee once again. program. We did, however, shorten the vide flexibility in case of an emergency When our negotiations with the House period of time for which the program is or other unusual circumstance. threatened to dissolve, he stood firm authorized from 2004 to 2002. The pro- As you know, I am a strong supporter on the need for a bipartisan NASA bill gram will be up for reauthorization at of the International Space Station Pro- this year. I speak for all of the con- the same time that NASA itself is due gram. The Space Shuttle Discovery is ferees when I congratulate him for put- for reauthorization. currently on the 100th Space Shuttle ting together this bill. While it is not Trans-hab: NASA has considered re- mission, putting cargo and other items perfect, I support H.R. 1654 and hope placing the ‘‘hard’’ habitation module in place so that the Station is ready to that the Senate will adopt the con- for the Space Station with an inflat- be occupied by its permanent crew next ference report. able ‘‘Trans-Hab.’’ The House had month. Mr. BREAUX. Mr. President, I rise in sought to prohibit NASA from using its The cap on Station development in support of the conference report on funds to develop an inflatable habi- the bill does not seek to alter or im- H.R. 1654, the NASA Authorization bill. tation module. The conference agree- pede that program in any way. It mere- First, I thank Chairman MCCAIN and ment clarifies that NASA is permitted ly seeks to limit the development costs the other Senate conferees. We have to lease or use a commercially-devel- so we stick to the plan and put a fully- come to a bi-partisan agreement after oped Trans-Hab. It is my under- operational Space Station on orbit in a many months of conference and now we standing that NASA is currently evalu- timely manner. have the opportunity to pass a NASA ating a very serious commercial pro- The bill also directs NASA, after Authorization bill for the first time posal for an inflatable space structure Congressional review of their plan, to since fiscal year 1993. capable of accommodating humans in establish a non-governmental organiza- As you know, NASA is one of the space, and this language should allow tion (NGO) to manage Space Station agencies of government that captures them to participate in such an agree- research and commercial activities the spirit of the American people. Who ment. upon completion of the Station. I un- can fail to be awed by the liftoff of a Shuttle safety: The Administration derstand that some members are con- Space Shuttle, a walk in space, or the was concerned that the Senate-passed cerned about this provision. I will sim- discovery of water on Mars? Because cost cap on the International Space ply note: (1) NASA is already in the NASA is such a treasure, it is impor- Station and Shuttle flights to assemble process of evaluating and establishing tant that we in Congress exercise our the Station might send the wrong mes- an NGO to manage station research; duty to oversee and authorize its pro- sage about Shuttle and Station crew and (2) our bill allows Congress nearly grams. safety. That concern sent up a red flag 4 months to react to NASA’s proposal And that is just what this conference to the conferees—no cost limitation before it can be implemented. If we report does. H.R. 1654 would authorize proposed in this legislation should don’t like what they come back with, funding for the National Aeronautics make NASA hesitate for one moment we can tell them not to do it. and Space Administration at the ap- in launching the Shuttle if a life was at H.R. 1654 represents the culmination propriated level of $13.6 billion in FY stake. No one wants to jeopardize the of several years of hard work, and it is 2000. It provides $14.2 billion in FY 2001 life and safety of the crew of the Space a good piece of legislation. I don’t like and $14.6 billion in FY 2002, slightly Station. We inserted language to en- every provision in the bill, but it rep- more than the President’s requested sure that the cap would not apply to resents a fine compromise—and one it level. costs incurred to ensure or enhance the looked like we might never reach. The bill fully funds the Space Shuttle safety or reliability of the Space Shut- Again, I would like to thank Chairman program, the International Space Sta- tle and another provision to allow the MCCAIN and Senator FRIST for their tion, and the Space Launch Initiative. Administrator to use monies provided hard work and to thank our staffs, in It provides authorizations above the re- beyond the cap to improve safety or to particular Floyd DesChamps, Elizabeth quested levels for the Space Grant Col- launch a shuttle to protect the Station Prostic, and Jean Toal Eisen. lege program, the Experimental Pro- and its crew. I urge the swift adoption of the con- gram to Stimulate Competitive Re- Triana: Finally, the House agreed to ference report. search, EPSCoR, and NASA’s research take out its provision to terminate the Mr. LOTT. Mr. President, I ask unan- into aircraft noise reduction and clean- Triana program. Triana will be the imous consent that the conference re- er, more energy-efficient aircraft en- world’s first Earth-observing mission port be agreed to, the motion to recon- gine technology—research that can im- to L1, the gravitational mid-point be- sider be laid upon the table, and any prove the quality of life of Americans tween the sun and the Earth. From this statements relating to the report be who live near airports. vantage point, the satellite has a con- printed in the RECORD. When we were nearing the finish line tinuous view of the Sun-lit portion of The PRESIDING OFFICER. Without with this bill, the Administration con- the Earth. Over 90 percent of the in- objection, it is so ordered. tacted us about several key concerns strument development has already f they had with the bill. We have re- taken place, and we’ve already spent solved their concerns, and now I would about $40 million. CORRECTING THE ENROLLMENT like to run through these issues: our NASA highlighted several legislative OF H.R. 1654 interaction with International Space provisions which they feel would be Station partners, commercialization of beneficial, yet are not included in the Mr. LOTT. Mr. President, I ask unan- the Space Station, Trans-Hab, Shuttle bill. While I would not support all of imous consent that H. Con. Res. 409, a Safety, and Triana. those provisions, I am disappointed we concurrent resolution, which corrects International partners and the space could not include some of the provi- the enrollment of H.R. 1654 be agreed station: We successfully altered House- sions that represent their greatest to and the motion to reconsider with proposed lauguage which was overly needs in this Conference Report. laid upon the table. punitive. The provision contained in I would also like to highlight a few of The PRESIDING OFFICER. Without H.R. 1654 encourages NASA to provide H.R. 1654’s other major provisions. The objection, it is so ordered. for equitable use of the Space Station Conference Report imposes a $25.0 bil- The concurrent resolution (H. Con. by seeking reduction in utilization lion cost cap for International Space Res. 409) was agreed to. rights (like crew allocation) for Inter- Station development and a $17.7 billion f national Partners that willfully violate cost cap for Space Shuttle launch costs any of their commitments to the pro- in connection with Station assembly. FEDERAL EMPLOYEES HEALTH gram. The cap would not apply to operations, BENEFITS PROGRAM AMENDMENT Space station commercialization: research, or crew return activities Mr. LOTT. Mr. President, I ask unan- The conferees agreed to leave in place after the Station is complete. An addi- imous consent that the Governmental the Space Station Commercial Devel- tional contingency fund of $5 billion for Affairs Committee be discharged from opment program and did not agree to Station development and $3.5 billion further consideration of H.R. 2842, and S10552 CONGRESSIONAL RECORD — SENATE October 13, 2000 the Senate then proceed to its imme- Ms. SNOWE. Mr. President, I rise to have a large impact on the regions’ diate consideration. support H.R. 3417, the Pribilof Islands economic viability in a number of sec- The PRESIDING OFFICER. Without Transition Act with the amendment I tors, including tourism and fishing. objection, it is so ordered. The clerk have offered. This bill, as amended, The Coastal Zone Management Act of will report the bill by title. contains a number of ocean, coastal, 2000 addresses this issue by encour- The assistant legislative clerk read and fisheries related titles that will re- aging and funding states to implement as follows: sult in major conservation gains for local solutions to their non-point A bill (H.R. 2842) to amend chapter 89 of our nation’s marine resources at a time source pollution problems. We have not title 5, United States Code, concerning the when we are placing enormous de- created any new mandates or programs Federal Employees Health Benefits (FEHB) mands on them. The bill not only at- addressing non-point source pollution. Program, to enable the Federal Government tempts to provide additional environ- Rather, the Coastal Community pro- to enroll an employee and his or her family mental protections through a number gram can be used at the states’ discre- in the FEHB Program when a State court or- tion if they want to create and imple- ders the employee to provide health insur- of state and local programs, but also ance coverage for a child of the employee but tools for better management. ment local community-based solutions the employee fails to provide the coverage. Title I of this bill is the Pribilof Is- to problems, which would include non- lands Transition Act. The Alaskan There being no objection, the Senate point source pollution control strate- Pribilof Islands in the Bering Sea were proceeded to consider the bill. gies and measures. This title greatly increases author- Mr. LOTT. I ask unanimous consent a former reserve for harvesting fur ization levels for the coastal zone man- that the bill be read a third time and seals. The Commerce Department, act- agement program, allowing states to passed, the motion to reconsider be ing through the National Oceanic and better address their coastal manage- laid upon the table, and that any state- Atmospheric Administration (NOAA), ment plan goals. While we have ments relating to the bill be printed in has been involved in municipal and so- cial services on the islands since 1910. achieved many successes through the the RECORD. CZMA, the states have made it clear The PRESIDING OFFICER. Without In 1983, NOAA tried to remove them- that they can do more and that they objection, it is so ordered. selves from administering these pro- The bill (H.R. 2842) was read the third grams. However, despite the $20 million can raise additional funds to match the time and passed. in funds the Pribilof Islands received to increased federal funding. Therefore, we have authorized a total of $136.5 f replace future annual Federal appro- priations, the Pribilof Islanders claim million for fiscal year 2001 and in- TO COMPLETE THE ORDERLY that the terms of the transition proc- creased authorization levels by $5.5 WITHDRAWAL OF THE NATIONAL ess were not met and the withdrawal million a year through fiscal year 2004. OCEANIC AND ATMOSPHERIC AD- failed. This total authorization includes an in- MINISTRATION FROM THE CIVIL This title authorizes $28 million over crease for the National Estuarine Re- ADMINISTRATION OF THE five years to again attempt to achieve search and Reserve System (NERRS) to PRIBILOF ISLANDS, ALASKA the orderly withdrawal of NOAA from $12 million in fiscal year 2001, with an Mr. LOTT. Mr. President, I ask unan- the civil administration of the Pribilof additional $1 million increase each imous consent that the Commerce Islands. Additionally, it authorizes $10 year through fiscal year 2004. Committee be discharged from further million a year for five years for NOAA Mr. President, Title III of the bill consideration of H.R. 3417 and the Sen- to complete its environmental cleanup deals with the management of several ate then proceed to its immediate con- and landfill closure obligations prior to Atlantic coast fisheries. Subtitle A re- sideration. the final transfer of federal property to authorizes the Atlantic Striped Bass The PRESIDING OFFICER. Without the six local entities. The Pribilof Is- Conservation Act (ASBCA). The objection, it is so ordered. The clerk lands have historically been a very ex- ASBCA was originally passed to help will report the bill by title. pensive program to the American tax- coordinate and improve interstate The assistant legislative clerk read payers. Congress expects that this title management of Atlantic striped bass, as follows: will provide a final termination of an important commercial and rec- A bill (H.R. 3417) to complete the orderly NOAA’s municipal and social service reational fish. Because striped bass mi- withdrawal of the National Oceanic and At- responsibilities on the islands and a grate along the eastern seaboard, it is mospheric Administration from the civil ad- distinct end to federal taxpayer fund- imperative that management measures ministration of the Pribilof Islands, Alaska. ing of those services. be coordinated among the various There being no objection, the Senate Title II of this bill is the Coastal states. The rebuilding of striped bass proceeded to consider the bill. Zone Management Act of 2000, which populations is considered one of our AMENDMENT NO. 4320 refines and reauthorizes funding for the fisheries management success stories (Purpose: To reauthorize the Coastal Zone nation’s coastal zone management pro- and it is critical that we continue Management Act and the Atlantic Striped gram. This is the same language that these efforts. This subtitle authorizes Bass Conservation Act, and for other pur- was passed by unanimous consent in $1.25 million a year for fiscal years 2001 poses.) the Senate on September 28, 2000. Not through 2003 to carry out the provi- Mr. LOTT. Mr. President, Senators only is this federal-state partnership sions of the act and another $250,000 to SNOWE and KERRY have an amendment important to my home state of Maine, conduct a population study on the At- at the desk, and I ask for its consider- but it is also a significant management lantic striped bass. ation. tool for coastal states throughout the Subtitle B, the Atlantic Costal Fish- The PRESIDING OFFICER. The country. Despite the fact that the eries Act of 2000, will reauthorize the clerk will report. coastal zone only comprises 10 percent highly successful interstate program The assistant legislative clerk read of the contiguous U.S. land area, it is that manages coastal fisheries that as follows: home to more than 53 percent of the cross jurisdictional boundaries along The Senator from Mississippi [Mr. LOTT] U.S. population, and more than 3,600 the east coast. The states have proven for Ms. SNOWE, for herself and Mr. KERRY, people relocate there annually. Not that joint management of these re- proposes an amendment numbered 4320. only is it an important economic re- sources is far more effective than a (The text of the amendment is print- gion, but the coastal zone is also crit- piecemeal approach by individual ed in today’s RECORD under ‘‘Amend- ical ecologically. states. In an effort to further increase ments Submitted.’’) We are currently facing a very seri- the effectiveness of interstate manage- Mr. LOTT. Mr. President, I ask unan- ous problem in the coastal zone in the ment, the states have initiated the At- imous consent that the amendment be form of non-point source pollution. lantic Coastal Cooperative Statistics agreed to. This type of runoff pollution is degrad- Program. This joint data collection The PRESIDING OFFICER. Without ing the condition of our coastal rivers, and analysis program is intended to objection, it is so ordered. wetlands, and marine environments. meet the need for improved fishery sta- The amendment (No. 4320) was agreed Compromising the environmental in- tistics for management purposes. It is to. tegrity of the coastal zone can in turn a comprehensive effort to address all October 13, 2000 CONGRESSIONAL RECORD — SENATE S10553 areas and fisheries and could serve as a the Panel. A total of four million dol- work cooperatively with the states, model for a national cooperative sta- lars a year for fiscal years 2000 through territories, and commonwealths in the tistics program. This subtitle author- 2003 is authorized. Of these funds, up to development and implementation of izes $10 million in fiscal year 2001, in- $3 million a year can be used for a coral reef management plans and shift creasing the authorization by $2 mil- Yukon River salmon survey, restora- the burden of responsibility onto these lion a year until fiscal year 2005. tion, enhancement activities; $600,000 states, territories, and common- Subtitle C of this title deals with a of the total is to be available for coop- wealths. significant problem facing the Atlantic erative Yukon River salmon research The title also creates a new coral reef bluefin tuna, ABT, fishery. In 1998, the and management projects. This provi- conservation program, which will pro- Highly Migratory Species Advisory sion passed by unanimous consent in vide grants to states, governmental au- Panel unanimously requested and ad- the Senate on June 26, 2000. thorities, educational institutions, and vised the Secretary of Commerce to This bill also address the very serious non-governmental organizations. This ban the use of spotter aircraft in the problem of an aging fishery research is intended to foster locally based coral General and Harpoon categories of the vessel, FRV, fleet. Because these ves- reef conservation and management. ABT fishery. Spotter aircraft tend to sels are used to conduct the majority Creation of a coral reef conservation accelerate the catch of the ABT, and of fishery stock assessments, they are fund is also authorized. This fund thus can create significant impacts on a critical tool for improving manage- would allow the Administration to both the communities that depend on ment and regulation of our commercial enter into agreements with nonprofit the fishery and the conservation inten- fish species. Over the past year, I have organizations to support partnerships tions of the ABT management plans. conducted a series of six hearings between the public and private sectors Because NMFS has been unable to suc- across the country on fisheries man- to further the conservation of coral cessfully implement a rule to ban the agement. At every hearing, the need reefs and help raise the matching funds use of spotter aircraft in the ABT fish- for more and better data was raised re- required as part of the new grants pro- ery over the past two years, it has be- peatedly by the witnesses. The seventh gram. come necessary for Congress to take title of the bill directs the Secretary of The title authorizes a total of $16 legislative action. Subtitle C prohibits Commerce to acquire vessels, author- million a year for fiscal years 2001 the unfair use of spotter aircraft to lo- izing $60 million a year for fiscal years through 2004 to be spilt equally be- cate or assist in fishing for ABT in the 2002 through 2004. They will be out- tween the local coral reef conservation General and Harpoon categories of the fitted with the latest technology and program and national coral reef activi- ABT fishery. This action follows nu- enable innovative research. New Eng- ties. merous public hearings held by NMFS land is in particular need of a replace- Title IX of the bill amends the Amer- and the discussion of this issue at sev- ment FRV, since the current NOAA ican Fisheries Act to allow for the par- eral Senate hearings. This provision vessel, the Albatross IV, is 38 years old ticipation of two additional catcher passed by unanimous consent in the and at the end of its useful life. With- vessels in the Alaskan pollock fishery. Senate as part of an amendment to out a new vessel, the ability for NOAA These vessels were able to demonstrate H.R. 1651, the Fishermen’s Protective to collect long term fisheries, oceano- that they should have been included in Act, on June 26, 2000. graphic, and biological data in New the Act when it passed in 1998. This Mr. President, to many Americans, England will be seriously com- title also makes a number of minor as well as myself, the practice of shark promised. I had offered this provision technical changes to other fisheries finning is both wasteful and disturbing. as an amendment to the Fishermen’s laws. Shark finning is a method by which the Protective Act which passed by unani- Title X creates a new marine mam- dorsal fin and tail of a shark are cut off mous consent in the Senate on June 26, mal rescue assistance grant program. and retained, while the rest of the 2000. This new program will assist eligible shark carcass is discarded as waste. Mr. President, the bill also makes marine mammal stranding network Much of the fin product is then ex- significant conservation and manage- participants by providing funding for ported for sale to Asian countries. ment improvements for our nation’s recovery and treatment of marine Title IV, the Shark Conservation Act, coral reefs. Title VIII, the Coral Reef mammals. Grants can also be used for attempts to address this problem by Conservation Act of 2000, requires the data collection and the continued oper- prohibiting the domestic landing and creation of a national coral reef action ation of these stranding centers. Ef- at-sea transhipment of shark fins. It strategy. Of particular note is the use forts of these centers are critical for also directs the Administration to of marine protected areas to serve as the continued conservation and man- begin international negotiations to re- replenishment zones. The U.S. Coral agement of marine mammals in our na- duce foreign shark finning. Reef Task Force has called for setting tion’s waters. This program is author- Title V of the bill is the Fishermen’s aside 20 percent of coral reefs in each ized at $5 million for each of fiscal Protective Act Amendments of 2000. It region of the United States that con- years 2001, 2002, and 2003. amends the Fishermen’s Protective Act tains reefs as no-take areas. However, I would like to thank Senator KERRY, of 1967 to lengthen the period during many of the U.S. islands that have the ranking member of the Oceans and which reimbursement can be provided coral reefs have significant cultural Fisheries Subcommittee for his hard to owners of U.S. fishing vessels for ties to these reefs. It is imperative that work and support of this bill. I would costs incurred when a vessel is illegally any new marine protected areas are de- also like to thank Senator INOUYE for seized, detained, or charged certain veloped in close cooperation with the his support, particularly for his con- fees by a foreign country. Under the people of these islands and account for tributions to the coral reef conserva- title, the reimbursement period is ex- traditional and cultural uses of these tion section of the bill. In addition, I tended until fiscal year 2003. This pro- resources. Without such cooperation, would like to thank Senator MCCAIN, vision passed by unanimous consent in there will not be public support. The the chairman of the Commerce Com- the Senate on June 26, 2000. national strategy will address how mittee, and Senator HOLLINGS, the Mr. President, title VI of the bill is such traditional uses will be incor- ranking member of the Committee, for the Yukon River Salmon Act of 2000. It porated into these replenishment their bipartisan support of this meas- creates a Yukon River Salmon Panel to zones. ure. We have before us an opportunity advise both the Secretary of State re- The national program will also incor- to significantly improve our Nation’s garding negotiation of any inter- porate such important topics as map- ability to conserve and manage our national agreements with Canada re- ping; research, monitoring, and assess- marine resources and I urge the Senate lating to management of Yukon River ment; international and regional man- to pass H.R. 3417, as amended. salmon stocks and Secretary of the In- agement; outreach and education; and Mr. KERRY. Mr. President, I rise to terior regarding management of those restoration. According to NOAA, the make a few remarks on H.R. 3417 and stocks. An Advisory Committee is cre- majority of our nation’s coral reefs are amendments to it that will pass the ated to make advisory recommenda- within federal waters, therefore it is Senate today. It is a package of several tions to a number of entities, including expected that NOAA will continue to bills all designed to benefit our coastal S10554 CONGRESSIONAL RECORD — SENATE October 13, 2000 and marine environment. It is my This reauthorization tackles the rity and small number of offspring hope, Mr. President, that the House of problem of polluted coastal runoff. leave them exceptionally vulnerable to Representatives will consider and pass This is one of the great environmental overfishing and slow to recover from the bill immediately. They are sound and economic challenges we face in the depletion. At the same time, sharks, as proposals with broad support. coastal zone. At the same time that top predators, are essential to main- Since the day I first arrived in the pollution from industrial, commercial taining the balance of life in the sea. Senate more than 15 years ago, I have and residential sources has increased in While many of our other highly migra- worked hard to address the many chal- the coastal zone, the destruction of tory species such as tunas and sword- lenges confronting our common ocean wetlands, marshes, mangroves and fish are subject to rigorous manage- and coastal resources. After all, few other natural systems has reduced the ment regimes, sharks have largely been states draw as much of their national capacity of these systems to filter pol- overlooked until recently. and regional identity from their coasts lution. Together, these two trends have The bill bans the wasteful practice of as does Massachusetts. And I have been resulted in environmental and eco- removing a shark’s fins and returning fortunate that the Commerce Com- nomic damage to our coastal areas. the remainder of the shark to sea. Na- mittee includes members of both par- These effects include beach closures tional Marine Fisheries Service regula- ties who are ready and willing to work around the nation, the discovery of a tions in the Atlantic Ocean prohibit together, to find compromise and pass recurring ‘‘Dead Zone’’ covering more the practice of shark finning, but a na- sound legislation. In that regard, I than 6,000 square miles in the Gulf of tionwide prohibition does not currently want to thank Senators SNOWE, Mexico, the outbreak of Pfiesteria on exist. Shark fins comprise only a small MCCAIN and HOLLINGS for their work on the Mid-Atlantic, the clogging of ship- percentage of the weight of the shark, this bill. ping channels in the Great Lakes, and and yet this is often the only portion of The major provisions of H.R. 3417, as harm to the Florida Bay and Keys eco- the shark retained. The Magnuson-Ste- amended, are the Pribilof Islands Tran- systems. In Massachusetts, we’ve faced vens Act and international commit- sition Act, the Shark Finning Prohibi- a dramatic rise in shell fish beds clo- ments discourage unnecessary waste of tion Act, the Atlantic Striped Bass sures, which have put many of our fish- fish, and thus I believe this bill ensures Conservation Act, the Atlantic Coastal ermen out of work. our domestic regulations are con- Fisheries Cooperative Management To tackle this problem, the Coastal sistent on this point. Another goal of Act, the Coastal Zone Management Zone Management Act of 2000 targets Act, the Fishermen’s Protective Act the Magnuson-Stevens Act—the mini- up $10 million annually to, ‘‘assist mization of bycatch and bycatch mor- Amendments, the Coral Reef Conserva- coastal communities to coordinate and tion Act and the Marine Mammal Res- tality—is an issue that I have been par- implement approved coastal nonpoint ticularly committed to over the years. cue Assistance Act. Each of these pollution control strategies and meas- major proposals in the bill, except the Because most of the sharks caught and ures that reduce the causes and im- finned are incidentally captured in corals bill, has already passed the pacts of polluted runoff on coastal wa- House, the Senate or both. The bill also fisheries targeting other species, I be- ters and habitats.’’ This is an impor- includes a ban on the use of spotter air- lieve establishing a domestic ban will tant amendment. For the first time, we craft in certain bluefin tuna fishery help us further reduce this type of have elevated the local management of categories. This proposal has passed shark mortality. runoff as national priority within the the Senate. The next step in this process is to act I would like to make a few short context of the CZMA program. Runoff internationally. At present, foreign comments on the Coastal Zone Man- is not a state-by-state problem; the fleets transship or land approximately agement Act. To begin, I want to marine environment is far too dy- 180 metric tons of shark fins annually namic. States share the same coast- thank Senator SNOWE, our chairman on through ports in the Pacific alone. The the Oceans and Fisheries Sub- lines and border large bodies of waters, global shark fin trade involves at least committee on the Commerce Com- such as the Gulf of Mexico, the Chesa- 125 countries, and the demand for mittee, for putting this legislation on peake Bay or the Long Island Sound, so shark fins and other shark products the Committee agenda this Congress that pollutants from one state can det- has driven dramatic increases in shark and working for its enactment. rimentally affect the quality of the fishing and shark mortality around the Mr. President, when Congress en- marine environment in other states. world. International measures are an acted the Coastal Zone Management We are seeing the effects of polluted absolutely critical component of Act in 1972, it made the critical finding runoff both in our coastal communities achieving effective shark conservation. that, ‘‘Important ecological, cultural, and on our nation’s living marine re- Finally, the bill authorizes a Western historic, and esthetic values in the sources and habitats. Mr. President, Pacific longline fisheries cooperative coastal zone are being irretrievably I’m pleased that we’ve included the research program to provide informa- damaged or lost.’’ As we deliberated runoff provision in the bill. It’s an im- tion for shark stock assessments, iden- CZMA’s reauthorization this session, I portant step forward and I believe we tify fishing gear and practices that pre- measured our progress against that al- will see the benefits in our coastal en- vent or minimize incidental catch of most 30-year-old congressional finding. vironment and economy. sharks and ensure maximum survivor- And, I concluded that while we have The Coastal Zone Management Act of ship of released sharks, and provide made tremendous gains in coastal envi- 2000, Mr. President, has been endorsed data on the international shark fin ronmental protection, the increasing by the 35 coastal states and territories trade. challenges have made this congres- through the Coastal States Organiza- The United States is a global leader sional finding is as true today as it was tion. It also has the endorsement of the in fisheries conservation and manage- then. Great Lakes Commission, American ment. I believe this legislation pro- It is clear from the evidence pre- Oceans Campaign, Coast Alliance, Cen- vides us the opportunity to further this sented to the Committee in our over- ter for Marine Conservation, Sierra role, and take the first step in address- sight process and from other input that Club, Environmental Defense, Cali- ing an international fisheries manage- I have received, that a great need ex- fornia CoastKeeper and many other ment issue. In addition, I believe the ists for the federal government to in- groups. It’s a long list that makes clear U.S. should continue to lead efforts at crease its support for states and local that this is a consensus proposal. We the United Nations and international communities that are working to pro- heard from all sides and did our best to conventions to achieve coordinated tect and preserve our coastal zone. To fine compromise, and I believe that we international management of sharks, accomplish that goal, the Committee succeeded. including an international ban on has reported a bill that substantially I also want to make a short state- shark-finning. increases annual authorizations for the ment on shark finning. H.R. 3417 would Mr. President, this package also in- CZMA program and targets funding at prohibit the practice of shark finning. cludes a provision to ban the use of controlling coastal polluted runoff, one Sharks are among the most bio- spotter aircraft in both the harpoon the more difficult challenges we face in logically vulnerable species in the and general categories of the Atlantic the coastal environment. ocean. Their slow growth, late matu- bluefin tuna fishery. This has been an October 13, 2000 CONGRESSIONAL RECORD — SENATE S10555 ongoing issue in New England since And in 1984, Congress enacted the At- Committee over the conservation of 1996. Several of my Senate colleagues, lantic Striped Bass Conservation Act. Atlantic Striped bass should not be al- including Senators SNOWE, KENNEDY, This Act promotes a coordinated Fed- tered. GREGG, and COLLINS, have asked the eral-State partnership for striped bass Mr. LOTT. I ask unanimous consent agency to ban aircraft in the past. Un- management. The National Marine the bill be read a third time and fortunately Mr. President, because air- Fisheries Service and the U.S. Fish and passed, as amended, the motion to re- craft do not catch fish, our legal sys- Wildlife Service have been jointly re- consider be laid upon the table, and tem has determined that the agency sponsible for working with State agen- that any statements relating to the cannot regulate these aircraft. Let me cies to recover the fishery. Their ef- bill be printed in the RECORD. point out that the fisheries service has forts have been very successful. The The PRESIDING OFFICER. Without gone through two rounds of public rule- commercial catch of striped bass objection, it is so ordered. making on this issue and in both in- peaked in 1998 at 19 million pounds, The bill (H.R. 3417), as amended, was stances an overwhelming number of which is a dramatic increase from 1983 read the third time and passed. public comments were in support of when the catch was 2.9 million pounds. f this ban. The Atlantic bluefin tuna Historically, both the Environment fishery is one of the last open fisheries and Public Works Committee, which I PROMOTING THE DEVELOPMENT in New England, and spotter aircraft chair, and the Commerce, Science, and OF THE COMMERCIAL SPACE provide an unfair competitive advan- Transportation Committee, which is TRANSPORTATION INDUSTRY tage to those fishermen who use them. chaired by Senator MCCAIN, have Mr. LOTT. Mr. President, I ask unan- Banning spotter aircraft will level the shared jurisdiction over the conserva- imous consent that the Commerce playing field and provide the oppor- tion of striped bass. Because both the Committee be discharged from further tunity for thousands of New Department of Commerce and the De- consideration of H.R. 2607, and the Sen- Englanders to experience the thrill of partment of the Interior are involved ate then proceed to its immediate con- landing a 400 pound bluefin tuna that, in the conservation of the fishery, leg- sideration. depending on the quality of the fish, islation to reauthorize the 1984 Atlan- The PRESIDING OFFICER. Without can easily be worth $10,000. tic Striped Bass Conservation Act has objection, it is so ordered. The clerk Mr. President, H.R. 3417 also includes always been of interest to both the will report the bill by title. an authorization for the Secretary of Commerce Committee and the Envi- The assistant legislative clerk read Commerce to acquire fishery research ronment and Public Works Committee. as follows: vessels in 2002, 2003, and 2004 at a cost The most recent reauthorizing legisla- A bill (H.R. 2607) to promote the develop- of $60 million. These state-of-the-art tion, the Atlantic Striped Bass Con- ment of the commercial space transpor- fishery research vessels will replace a servation Act Amendments of 1997, was tation industry, to authorize appropriations fleet of vessels that are becoming tech- sequentially referred, by unanimous for the Office of the Associate Administrator nologically obsolete and reaching the consent, to the Environment and Pub- for Commercial Space Transportation, to au- end of their useful lives. In New Eng- lic Works Committee after the Com- thorize appropriations for the Office of Space Commercialization, and for other purposes. land, the primary vessel used for our merce Committee ordered the bill to be stock assessments is the 38-year old Al- reported. The Environment Committee There being no objection, the Senate batross IV. Over the years NOAA has then amended and reported the bill. It proceeded to consider the bill. assumed increased responsibilities for was signed into law on December 16, AMENDMENT NO. 4321 managing our marine resources under 1997. Mr. LOTT. Mr. President, Senators the Magnuson-Stevens Fisheries Con- In order to facilitate passage of reau- MCCAIN and FRIST have an amendment servation and Management Act, the thorizing legislation this year, I have at the desk, and I ask for its consider- Marine Mammal Protection Act, and agreed to the language being offered by ation. the Endangered Species Act. It is abso- Senator MCCAIN in H.R. 3417, as amend- The PRESIDING OFFICER. The lutely imperative that we give NOAA ed, the Pribilof Islands Transition Act, clerk will report. scientists the tools necessary to carry and will not request sequential refer- The assistant legislative clerk read out the mandates Congress has given ral. However, I want to reaffirm, with as follows: them. the agreement of my colleague, that The Senator from Mississippi [Mr. LOTT] Mr. President, I sincerely hope that this in no way affects the future juris- for Mr. MCCAIN, for himself and Mr. FRIST, the House will move to pass this legis- diction of the Environment and Public proposes an amendment numbered 4321. lation. This is a very reasonable pro- Works Committee over the Atlantic The amendment is as follows: posal. Indeed, it includes several pro- Striped Bass Conservation Act. (Purpose: To promote the development of the posals the House has initiated and Mr. MCCAIN. As the Senator from commercial space transportation industry, passed. We have made every effort to New Hampshire stated, the Commerce and for other purposes) act on their priorities and we ask that Committee and the Environment and Strike out all after the enacting clause and they do the same with our priorities. Public Works Committee have histori- insert the following: ATLANTIC STRIPED BASS CONSERVATION ACT cally shared jurisdiction over the At- SECTION 1. SHORT TITLE. Mr. SMITH of New Hampshire. Mr. lantic Striped Bass Conservation Act. This Act may be cited as the ‘‘Commercial President, I rise today to applaud my Our two committees have in the past Space Transportation Competitiveness Act colleague from Arizona, Senator always worked together to reauthorize of 2000’’. MCCAIN, on his efforts to reauthorize and amend the Atlantic Striped Bass SEC. 2. FINDINGS. the Atlantic Striped Bass Conservation Conservation Act. I expect that rela- The Congress finds that— Act in a package of oceans and fish- tionship to continue. (1) a robust United States space transpor- eries legislation. I would also like to In order to facilitate the passage of tation industry is vital to the Nation’s eco- reaffirm the continued interest of the this year’s Atlantic Striped Bass reau- nomic well-being and national security; thorization, Subtitle A of Title III of (2) enactment of a 5-year extension of the Committee on Environment and Public excess third party claims payment provision Works in this important legislation, H.R. 3417, as amended, reauthorizes the of chapter 701 of title 49, United States Code, over which our two committees have Atlantic Striped Bass Conservation (Commercial Space Launch Activities) will traditionally shared jurisdiction. As Act. Although the Pribilof Islands have a beneficial impact on the inter- my colleague knows, this legislation is Transition Act and the other provi- national competitiveness of the United critically important to the northeast. sions in this legislation are under the States space transportation industry; The populations of striped bass, sole jurisdiction of the Commerce Com- (3) space transportation may evolve into which can be found all along the east mittee, I understand that my colleague airplane-style operations; coast, began to decline dramatically from New Hampshire has reviewed and (4) during the next 3 years the Federal Government and the private sector should during the 1970s. In 1979, Congress re- approved the language contained in analyze the liability risk-sharing regime to sponded by authorizing the Emergency Title III; therefore, the shared jurisdic- determine its appropriateness and effective- Striped Bass Study as part of the tion of the Commerce Committee and ness, and, if needed, develop and propose a Anadromous Fish Conservation Act. the Environment and Public Works new regime to Congress at least 2 years prior S10556 CONGRESSIONAL RECORD — SENATE October 13, 2000 to the expiration of the extension contained SEC. 7. LIABILITY REGIME FOR COMMERCIAL MISCELLANEOUS TRADE AND in this Act; SPACE TRANSPORTATION. TECHNICAL CORRECTIONS ACT (a) REPORT REQUIREMENT.—Not later than (5) the areas of responsibility of the Office OF 2000 of the Associate Administrator for Commer- 18 months after the date of the enactment of cial Space Transportation have significantly this Act, the Secretary of Transportation Mr. LOTT. Mr. President, I ask unan- increased as a result of— shall transmit to the Congress a report on imous consent that the Senate proceed (A) the rapidly expanding commercial the liability risk-sharing regime in the to the consideration of Calendar No. space transportation industry and associated United States for commercial space trans- 841, H.R. 4868. government licensing requirements; portation. The PRESIDING OFFICER. The (B) regulatory activity as a result of the (b) CONTENTS.—The report required by this emerging commercial reusable launch vehi- section shall— clerk will report the bill by title. cle industry; and (1) analyze the adequacy, propriety, and ef- The legislative clerk read as follows: (C) the increased regulatory activity asso- fectiveness of, and the need for, the current A bill (H.R. 4868) to amend the Harmonized ciated with commercial operation of launch liability risk-sharing regime in the United Tariff Schedule of the United States to mod- and reentry sites; and States for commercial space transportation; ify temporarily certain rates of duty, to (6) the Office of the Associate Adminis- (2) examine the current liability and liabil- make other technical amendments to the trator for Commercial Space Transportation ity risk-sharing regimes in other countries trade laws, and for other purposes. should continue to limit its promotional ac- with space transportation capabilities; (3) examine the appropriateness of deeming There being no objection, the Senate tivities to those which support its regulatory proceeded to consider the bill, which mission. all space transportation activities to be ‘‘ultrahazardous activities’’ for which a had been reported from the Committee SEC. 3. OFFICE OF COMMERCIAL SPACE TRANS- PORTATION. strict liability standard may be applied and on Finance, with an amendment to (a) AMENDMENT.—Section 70119 of title 49, which liability regime should attach to strike out all after the enacting clause United States Code, is amended to read as space transportation activities, whether and insert the part printed in italic. ultrahazardous activities or not; follows: SECTION 1. SHORT TITLE. (4) examine the effect of relevant inter- This Act may be cited as the ‘‘Tariff Suspen- ‘‘§ 70119. Office of Commercial Space Trans- national treaties on the Federal Govern- sion and Trade Act of 2000’’. portation. ment’s liability for commercial space ‘‘There are authorized to be appropriated launches and how the current domestic li- SEC. 2. TABLE OF CONTENTS. to the Secretary of Transportation for the ability risk-sharing regime meets or exceeds The table of contents of this Act is as follows: activities of the Office of the Associate Ad- the requirements of those treaties; Sec. 1. Short title. ministrator for Commercial Space (5) examine the appropriateness, as com- Sec. 2. Table of contents. Transportation— mercial reusable launch vehicles enter serv- TITLE I—TARIFF PROVISIONS ‘‘(1) $12,607,000 for fiscal year 2001; and ice and demonstrate improved safety and re- Sec. 1001. Reference; expired provisions. ‘‘(3) $16,478,000 for fiscal year 2002.’’. liability, of evolving the commercial space (b) TABLE OF SECTIONS AMENDMENT.—The transportation liability regime towards the Subtitle A—Temporary Duty Suspensions and item relating to section 70119 of the table of approach of the airline liability regime; Reductions sections of chapter 701 of title 49, United (6) examine the need for changes to the CHAPTER 1—NEW DUTY SUSPENSIONS AND States Code, is amended to read as follows: Federal government’s indemnification policy REDUCTIONS ‘‘70119. Office of Commercial Space Transpor- to accommodate the risks associated with Sec. 1101. HIV/AIDS drug. tation.’’. commercial spaceport operations; and Sec. 1102. HIV/AIDS drug. SEC. 4. OFFICE OF SPACE COMMERCIALIZATION. (7) recommend appropriate modifications Sec. 1103. Triacetoneamine. (a) AUTHORIZATION OF APPROPRIATIONS.— to the commercial space transportation li- Sec. 1104. Instant print film in rolls. There are authorized to be appropriated to ability regime and the actions required to Sec. 1105. Color instant print film. the Secretary of Commerce for the activities accomplish those modifications. Sec. 1106. Mixtures of sennosides and mixtures of the Office of Space Comercialization— (c) SECTIONS.—The report required by this of sennosides and their salts. (1) $590,000 for fiscal year 2001; section shall contain sections expressing the Sec. 1107. Cibacron Red LS–B HC. (2) $608,000 for fiscal year 2002; and views and recommendations of— Sec. 1108. Cibacron brilliant Blue FN–G. (3) $626,000 for fiscal year 2003. (1) interested Federal agencies, including— Sec. 1109. Cibacron scarlet LS–2G HC. (A) the Office of the Associate Adminis- (b) REPORT TO CONGRESS.—Not later than Sec. 1110. Mub 738 INT. 90 days after the date of the enactment of trator for Commercial Space Transportation; Sec. 1111. Fenbuconazole. (B) the National Aeronautics and Space this Act, the Secretary of Commerce shall Sec. 1112. 2,6-Dichlorotoluene. Administration; Sec. 1113. 3-Amino-3-methyl-1-pentyne. transmit to the Congress a report on the Of- (C) the Department of Defense; and Sec. 1114. Triazamate. fice of Space Commercialization detailing (D) the Office of Space Commercialization; Sec. 1115. Methoxyfenozide. the activities of the Office, the materials and produced by the Office, the extent to which (2) the public, received as a result of notice Sec. 1116. 1-Fluoro-2-nitrobenzene. Sec. 1117. PHBA. the Office has fulfilled the functions estab- in Commerce Business Daily, the Federal Sec. 1118. THQ (toluhydroquinone). lished for it by the Congress, and the extent Register, and appropriate Federal agency Sec. 1119. 2,4-Dicumylphenol. to which the Office has participated in inter- Internet websites. agency efforts. Sec. 1120. Certain cathode-ray tubes. SEC. 8. AUTHORIZATION OF INTERAGENCY SUP- Sec. 1121. Other cathode-ray tubes. SEC. 5. COMMERCIAL SPACE TRANSPORTATION PORT FOR GLOBAL POSITIONING Sec. 1122. Certain raw cotton. INDEMNIFICATION EXTENSION. SYSTEM. Sec. 1123. Rhinovirus drug. (a) IN GENERAL.—If, on the date of enact- The use of interagency funding and other Sec. 1124. Butralin. ment of this Act, section 70113(f) of title 49, forms of support is hereby authorized by Sec. 1125. Branched dodecylbenzene. United States Code, has not been amended Congress for the functions and activities of Sec. 1126. Certain fluorinated compound. by the Departments of Veterans Affairs and the Interagency Global Positioning System Sec. 1127. Certain light absorbing photo dye. Housing and Urban Development, and Inde- Executive Board, including an Executive Sec. 1128. Filter Blue Green photo dye. pendent Agencies Appropriations Act, 2001, Secretariat to be housed at the Department Sec. 1129. Certain light absorbing photo dyes. then that section is amended by striking of Commerce. Sec. 1130. 4,4′-Difluorobenzophenone. ‘‘December 31, 2000’’ and inserting ‘‘Decem- Mr. LOTT. Mr. President, I ask unan- Sec. 1131. A fluorinated compound. ber 31, 2004’. imous consent that the amendment be Sec. 1132. DiTMP. (b) AMENDMENT OF MODIFIED SECTION.—If, agreed to. Sec. 1133. HPA. on the date of enactment of this Act, section Sec. 1134. APE. 70113(f) of title 49, United States Code, has The PRESIDING OFFICER. Without objection, it is so ordered. Sec. 1135. TMPDE. been amended by the Departments of Vet- Sec. 1136. TMPDE. erans Affairs and Housing and Urban Devel- The amendment (No. 4321) was agreed Sec. 1137. Tungsten concentrates. opment, and Independent Agencies Appro- to. Sec. 1138. 2 Chloro Amino Toluene. priations Act, 2001, then that section is Mr. LOTT. I ask unanimous consent Sec. 1139. Certain ion-exchange resins. amended by striking ‘‘December 31, 2001’’ and the bill be read a third time and Sec. 1140. 11-Aminoundecanoic acid. inserting ‘‘December 31, 2004’’. passed, as amended, the motion to re- Sec. 1141. Dimethoxy butanone (DMB). SEC. 6. TECHNICAL AMENDMENT TO SECTION consider be laid upon the table, and Sec. 1142. Dichloro aniline (DCA). 70113 OF TITLE 49. that any statements relating to the Sec. 1143. Diphenyl sulfide. (a) Section 70113 of title 49, Untied States Sec. 1144. Trifluralin. Code, is amended by striking ‘‘llll, bill be printed in the RECORD. Sec. 1145. Diethyl imidazolidinone (DMI). 19ll.’,’’ in subsection (e)(1)(A) and inserting The PRESIDING OFFICER. Without Sec. 1146. Ethalfluralin. ‘‘llll, 20ll.’,’’. objection, it is so ordered. Sec. 1147. Benfluralin. (b) The amendment made by subsection (a) The bill (H.R. 2607), as amended, was Sec. 1148. 3-Amino-5-mercapto-1,2,4–triazole takes effect on January 1, 2000. read the third time and passed. (AMT). October 13, 2000 CONGRESSIONAL RECORD — SENATE S10557 Sec. 1149. Diethyl phosphorochlorodothioate Sec. 1226. Formulations containing 2-[4-[(5- Subtitle B—Other Tariff Provisions (DEPCT). chloro-3-fluoro-2-pyridinyl)oxy]- CHAPTER 1—LIQUIDATION OR RELIQUIDATION OF Sec. 1150. Refined quinoline. phenoxy]-2-propynyl ester. CERTAIN ENTRIES Sec. 1151. DMDS. Sec. 1227. Mixtures of 2-(2-chloroethoxy)-N-[[4- Sec. 1401. Certain telephone systems. Sec. 1152. Vision inspection systems. methoxy-6-methyl-1,3,5-triazin-2- Sec. 1402. Color television receiver entries. Sec. 1153. Anode presses. yl)- amino]carbonylbenzenesu Sec. 1403. Copper and brass sheet and strip. Sec. 1154. Trim and form machines. lfonamide] and 3,6-dichloro-2- Sec. 1155. Certain assembly machines. Sec. 1404. Antifriction bearings. methoxybenzoic acid. Sec. 1405. Other antifriction bearings. Sec. 1156. Thionyl chloride. Sec. 1228. (E,E)- -(methoxyimino)-2-[[[[1-[3- ù Sec. 1406. Printing cartridges. Sec. 1157. Phenylmethyl hydrazinecarboxylate. (trifluoromethyl)phenyl]- ethyl- Sec. 1407. Liquidation or reliquidation of cer- Sec. 1158. Tralkoxydim formulated. idene]amino]oxy]methyl] tain entries of N,N-dicyclohexyl-2- Sec. 1159. KN002. benzeneacetic acid, methyl ester. benzothiazolesulfenamide. Sec. 1160. KL084. Sec. 1229. Formulations containing sulfur. Sec. 1161. IN–N5297. Sec. 1230. Mixtures of 3-(6-methoxy-4-methyl- Sec. 1408. Certain entries of tomato sauce prep- Sec. 1162. Azoxystrobin formulated. 1,3,5-triazin-2-yl)-1-[2-(2- aration. Sec. 1409. Certain tomato sauce preparation en- Sec. 1163. Fungaflor 500 EC. chloroethoxy)- phenylsulfonyl]- tered in 1990 through 1992. Sec. 1164. Norbloc 7966. urea. Sec. 1165. Imazalil. Sec. 1231. Mixtures of 4-cyclopropyl-6-methyl- Sec. 1410. Certain tomato sauce preparation en- Sec. 1166. 1,5-Dichloroanthraquinone. N-phenyl-2-pyrimidinamine-4- tered in 1989 through 1995. Sec. 1167. Ultraviolet dye. (2,2-difluoro-1,3-benzodioxol-4-yl)- Sec. 1411. Certain tomato sauce preparation en- Sec. 1168. Vinclozolin. 1H-pyrrole-3-carbonitrile. tered in 1989 and 1990. Sec. 1169. Tepraloxydim. Sec. 1232. (R)-2-[2,6-dimethylphenyl)- Sec. 1412. Neoprene synchronous timing belts. Sec. 1170. Pyridaben. methoxyacetylamino]propionic Sec. 1413. Reliquidation of drawback claim Sec. 1171. 2-Acetylnicotinic acid. acid, methyl ester and (s)-2-[2,6- number R74–10343996. Sec. 1172. SAMe. dimethylphenyl)- Sec. 1414. Reliquidation of certain drawback Sec. 1173. Procion crimson H-EXL. methoxyacetylamino]propionic claims filed in 1996. Sec. 1174. Dispersol crimson SF grains. Sec. 1415. Reliquidation of certain drawback acid, methyl ester. Sec. 1175. Procion Navy H-EXL. Sec. 1233. Mixtures of benzothiadiazole-7- claims relating to exports of mer- Sec. 1176. Procion Yellow H-EXL. carbothioic acid, S-methyl ester. chandise from May 1993 to July Sec. 1177. 2-Phenylphenol. Sec. 1234. Benzothialdiazole-7-carbothioic acid, 1993. Sec. 1178. 2-Methoxy-1-propene. S-methyl ester. Sec. 1416. Reliquidation of certain drawback Sec. 1179. 3,5-Difluoroaniline. Sec. 1235. O-(4-bromo-2-chlorophenyl)-O-ethyl- claims relating to exports claims Sec. 1180. Quinclorac. S-propyl phosphorothioate. filed between April 1994 and July Sec. 1181. Dispersol Black XF grains. Sec. 1236. 1-[[2-(2,4-dichlorophenyl)-4-propyl- 1994. Sec. 1182. Fluroxypyr, 1-methylheptyl ester 1,3-dioxolan-2-yl]-methyl]-1H- Sec. 1417. Reliquidation of certain drawback (FME). 1,2,4-triazole. claims relating to juices. Sec. 1183. Solsperse 17260. Sec. 1237. Tetrahydro-3-methyl-n-nitro-5-[[2- Sec. 1418. Reliquidation of certain drawback Sec. 1184. Solsperse 17000. phenylthio)-5-thiazolyl]-4H-1,3,5- claims filed in 1997. Sec. 1185. Solsperse 5000. Sec. 1419. Reliquidation of drawback claim Sec. 1186. Certain TAED chemicals. oxadiazin-4-imine. Sec. 1238. 1-(4-Methoxy-6-methyltriazin-2-yl)-3- number WJU1111031–7. Sec. 1187. Isobornyl acetate. Sec. 1420. Liquidation or reliquidation of cer- Sec. 1188. Solvent Blue 124. [2-(3,3,3-trifluoropropyl)- tain entries of athletic shoes. Sec. 1189. Solvent Blue 104. phenylsulfonyl]-urea. Sec. 1421. Designation of motor fuels and jet Sec. 1190. Pro-jet Magenta 364 stage. Sec. 1239. 4,5-Dihydro-6-methyl-4-[(3- Sec. 1191. 4-Amino-2,5-dimethoxy-n- pyridinylmethylene)amino]-1,2,4- fuels as commercially inter- phenylbenzene sulfonamide. triazin-3(2H)-one. changeable. Sec. 1192. Undecylenic acid. Sec. 1240. 4-(2,2-difluoro-1,3-benzodioxol-4-yl)- CHAPTER 2—SPECIAL CLASSIFICATION RELATING Sec. 1193. 2-Methyl-4-chlorophenoxyacetic 1H-pyrrole-3-carbonitrile. TO PRODUCT DEVELOPMENT AND TESTING Sec. 1241. Mixtures of 2-(((((4,6- acid. Sec. 1431. Short title. Sec. 1194. Iminodisuccinate. dimethoxypyrimidin-2-yl)amino)- carbonyl)sulfonyl)-N,N-dimethyl- Sec. 1432. Findings; purpose. Sec. 1195. Iminodisuccinate salts and aqueous Sec. 1433. Amendments to Harmonized Tariff solutions. 3-pyridinecarboxamide and appli- cation adjuvants. Schedule of the United States. Sec. 1196. Poly(vinyl chloride) (PVC) self-adhe- Sec. 1434. Regulations relating to entry proce- sive sheets. Sec. 1242. Monochrome glass envelopes. Sec. 1243. Ceramic coater. dures and sales of prototypes. Sec. 1197. 2-Butyl-2-ethylpropanediol. Sec. 1244. Pro-jet Black 263 stage. Sec. 1435. Effective date. Sec. 1198. Cyclohexadec-8-en-1-one. Sec. 1245. Pro-jet fast Black 286 paste. CHAPTER 3—PROHIBITION ON IMPORTATION OF Sec. 1199. Paint additive chemical. Sec. 1246. Bromine-containing compounds. PRODUCTS MADE WITH DOG OR CAT FUR. Sec. 1200. o-cumyl-octylphenol. Sec. 1247. Pyridinedicarboxylic acid. Sec. 1441. Short title. Sec. 1201. Certain polyamides. Sec. 1248. Certain semiconductor mold com- Sec. 1442. Findings and purposes. Sec. 1202. Mesamoll. pounds. Sec. 1203. Vulkalent E/C. Sec. 1249. Solvent Blue 67. Sec. 1443. Prohibition on importation of prod- Sec. 1204. Baytron M. Sec. 1250. Pigment Blue 60. ucts made with dog or cat fur. Sec. 1205. Baytron C–R. Sec. 1251. Menthyl anthranilate. CHAPTER 4—MISCELLANEOUS PROVISIONS Sec. 1206. Baytron P. Sec. 1252. 4-Bromo-2-fluoroacetanilide. Sec. 1451. Alternative mid-point interest ac- Sec. 1207. Dimethyl dicarbonate. Sec. 1253. Propiophenone. counting methodology for under- Sec. 1208. KN001 (a hydrochloride). Sec. 1254. m-chlorobenzaldehyde. payment of duties and fees. Sec. 1209. KL540. Sec. 1255. Ceramic knives. Sec. 1210. DPC 083. Sec. 1256. Stainless steel railcar body shells. Sec. 1452. Exception from making report of ar- Sec. 1211. DPC 961. Sec. 1257. Stainless steel railcar body shells of rival and formal entry for certain Sec. 1212. Petroleum sulfonic acids, sodium 148-passenger capacity. vessels. salts. Sec. 1258. Pendimethalin. Sec. 1453. Designation of San Antonio Inter- Sec. 1213. Pro-jet Cyan 1 press paste. Sec. 1259. 3,5-Dibromo-4-hydoxybenzonitril ester national Airport for customs proc- Sec. 1214. Pro-jet Black ALC powder. and inerts. essing of certain private aircraft Sec. 1215. Pro-jet fast Yellow 2 RO feed. Sec. 1260. 3,5-Dibromo-4-hydoxybenzonitril. arriving in the United States. Sec. 1216. Solvent Yellow 145. Sec. 1261. Isoxaflutole. Sec. 1454. International travel merchandise. Sec. 1217. Pro-jet fast Magenta 2 RO feed. Sec. 1262. Cyclanilide technical. Sec. 1455. Change in rate of duty of goods re- Sec. 1218. Pro-jet fast Cyan 2 stage. Sec. 1263. R115777. turned to the United States by Sec. 1219. Pro-jet Cyan 485 stage. Sec. 1264. Bonding machines. travelers. Sec. 1220. Triflusulfuron methyl formulated Sec. 1265. Glyoxylic acid. Sec. 1456. Treatment of personal effects of par- product. Sec. 1266. Fluoride compounds. ticipants in international athletic Sec. 1221. Pro-jet fast Cyan 3 stage. Sec. 1267. Cobalt boron. events. Sec. 1222. Pro-jet Cyan 1 RO feed. Sec. 1268. Certain steam or other vapor gener- Sec. 1457. Collection of fees for customs services Sec. 1223. Pro-jet fast Black 287 NA paste/liquid ating boilers used in nuclear fa- for arrival of certain ferries. feed. cilities. Sec. 1458. Establishment of drawback based on Sec. 1224. 4-(cyclopropyl-ù-hydroxymethylene)- Sec. 1269. Fipronil technical. commercial interchangeability for 3,5-dioxo-cyclohexanecarboxylic CHAPTER 2—EXISTING DUTY SUSPENSIONS AND certain rubber vulcanization ac- acid ethyl ester. REDUCTIONS celerators. Sec. 1225. 4’’-epimethylamino-4’’- Sec. 1301. Extension of certain existing duty Sec. 1459. Cargo inspection. deoxyavermectin b1a and b1b ben- suspensions and reductions. Sec. 1460. Treatment of certain multiple entries zoates. Sec. 1302. Effective date. of merchandise as single entry. S10558 CONGRESSIONAL RECORD — SENATE October 13, 2000

Sec. 1461. Report on customs procedures. Sec. 4003. Technical amendment to the Bal- 9902.29.22 9902.30.05 9902.30.81 Sec. 1462. Drawbacks for recycled materials. anced Budget Act of 1997. 9902.29.25 9902.30.08 9902.30.82 Sec. 1463. Preservation of certain reporting re- Sec. 4004. Requirements applicable to imports of 9902.29.27 9902.30.11 9902.30.85 quirements. certain cigarettes. 9902.29.30 9902.30.13 9902.30.88 9902.29.31 9902.30.14 9902.30.94 Subtitle C—Effective Date TITLE I—TARIFF PROVISIONS 9902.29.33 9902.30.15 9902.30.95 Sec. 1471. Effective date. SEC. 1001. REFERENCE; EXPIRED PROVISIONS. 9902.29.38 9902.30.21 9902.30.97 9902.29.39 9902.30.23 9902.31.05 TITLE II—OTHER TRADE PROVISIONS (a) REFERENCE.—Except as otherwise ex- pressly provided, whenever in this title an 9902.29.40 9902.30.25 9902.38.07 Sec. 2001. Trade adjustment assistance for cer- amendment or repeal is expressed in terms of an 9902.29.41 9902.30.27 9902.39.08 tain workers affected by environ- amendment to, or repeal of, a chapter, sub- 9902.29.42 9902.30.30 9902.39.10 9902.29.47 9902.30.32 9902.44.21 mental remediation or closure of a chapter, note, additional U.S. note, heading, copper mining facility. 9902.29.48 9902.30.34 9902.57.02 subheading, or other provision, the reference 9902.29.49 9902.30.35 9902.62.01 TITLE III—EXTENSION OF NONDISCRIM- shall be considered to be made to a chapter, sub- 9902.29.56 9902.30.36 9902.62.04 INATORY TREATMENT TO GEORGIA chapter, note, additional U.S. note, heading, 9902.29.59 9902.30.37 9902.64.02 Sec. 3001. Findings. subheading, or other provision of the Har- 9902.29.64 9902.30.39 9902.70.12 Sec. 3002. Termination of application of title IV monized Tariff Schedule of the United States (19 9902.29.70 9902.30.40 9902.70.13 of the Trade Act of 1974 to Geor- U.S.C. 3007). 9902.29.71 9902.30.42 9902.70.14 9902.29.73 9902.30.43 9902.70.15 gia. (b) EXPIRED PROVISIONS.—Subchapter II of chapter 99 is amended by striking the following 9902.29.77 9902.30.46 9902.78.01 TITLE IV—GRAY MARKET CIGARETTE 9902.29.78 9902.30.47 9902.84.47 headings: COMPLIANCE 9902.29.79 9902.30.48 9902.85.40 9902.07.10 9902.29.89 9902.30.55 9902.29.80 9902.30.50 9902.85.44 Sec. 4001. Short title. 9902.08.07 9902.29.94 9902.30.57 9902.29.81 9902.30.51 9902.98.00 Sec. 4002. Modifications to rules governing re- 9902.29.10 9902.29.99 9902.30.61 9902.29.83 9902.30.52 importation of tobacco products. 9902.29.14 9902.30.00 9902.30.62 9902.29.84

Subtitle A—Temporary Duty Suspensions and Reductions CHAPTER 1—NEW DUTY SUSPENSIONS AND REDUCTIONS SEC. 1101. HIV/AIDS DRUG. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.98 [4R- [3(2S*,3S*), 4R*]]-3-[2-Hydroxy-3-[(3-hy- Free No change No change On or before 12/31/2003 droxy-2-methyl- benzoyl)amino]-1-oxo-4- ’’. phenylbutyl]-5,5-dimethyl-N-[(2- methylphenyl)-methyl]-4-thiazolidine- carboxamide (CAS No. 186538–00–1) (provided for in subheading 2930.90.90)

SEC. 1102. HIV/AIDS DRUG. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.99 5-[(3,5-Dichlorophenyl)-thio]-4-(1- Free No change No change On or before 12/31/2003 methylethyl)-1-(4-pyridinylmethyl)-1H-imid- ’’. azole-2-methanol carbamate (CAS No. 178979– 85–6) (provided for in subheading 2933.39.61)

SEC. 1103. TRIACETONEAMINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.80 2,2,6,6-Tetramethyl-4-piperidine (CAS No. Free Free No change On or before 12/31/2003 826–36–8) (provided for in subheading ’’. 2933.39.61)

SEC. 1104. INSTANT PRINT FILM IN ROLLS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.37.02 Instant print film, in rolls (provided for in Free No change No change On or before 12/31/2003 subheading 3702.20.00) ’’.

SEC. 1105. COLOR INSTANT PRINT FILM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.37.01 Instant print film of a kind used for color 2.8% No change No change On or before 12/31/2003 photography (provided for in subheading ’’. 3701.20.00)

SEC. 1106. MIXTURES OF SENNOSIDES AND MIXTURES OF SENNOSIDES AND THEIR SALTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.75 Mixtures of sennosides and mixtures of Free No change No change On or before 12/31/2003 sennosides and their salts (provided for in ’’. subheading 2938.90.00)

SEC. 1107. CIBACRON RED LS–B HC. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.04 Reactive Red 270 (CAS No. 155522–05–7) (pro- Free No change No change On or before 12/31/2003 vided for in subheading 3204.16.30) ’’.

SEC. 1108. CIBACRON BRILLIANT BLUE FN–G. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.88 6,13-Dichloro-3,10-bis[[2-[[4-fluoro-6-[(2- Free No change No change On or before 12/31/2003 sulfonyl)amino]-1,3,5-triazin-2- ’’. yl]amino]propyl]amino]-4,11- triphenodioxazinedisulfonic acid lithium so- dium salt (CAS No. 163062–28–0) (provided for in subheading 3204.16.30)

SEC. 1109. CIBACRON SCARLET LS–2G HC. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: October 13, 2000 CONGRESSIONAL RECORD — SENATE S10559

‘‘ 9902.32.86 Reactive Red 268 (CAS No. 152397–21–2) (pro- Free No change No change On or before 12/31/2003 vided for in subheading 3204.16.30) ’’.

SEC. 1110. MUB 738 INT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.91 2-Amino-4-(4-aminobenzoylamino)- Free No change No change On or before 12/31/2003 benzenesulfonic acid (CAS No. 167614–37–1) ’’. (provided for in subheading 2924.29.70)

SEC. 1111. FENBUCONAZOLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.87 α-(2-(4-Chlorophenyl)ethyl-α-phenyl-1H-1,2,4- Free No change No change On or before 12/31/2003 triazole-1-propanenitrile (Fenbuconazole) ’’. (CAS No. 114369–43–6) (provided for in sub- heading 2933.90.06)

SEC. 1112. 2,6-DICHLOROTOLUENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.82 2,6-Dichlorotoluene (CAS No. 118–69–4) (pro- Free No change No change On or before 12/31/2003 vided for in subheading 2903.69.70) ’’.

SEC. 1113. 3-AMINO-3-METHYL-1-PENTYNE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.84 3-Amino-3-methyl-1-pentyne (CAS No. 18369– Free No change No change On or before 12/31/2003 96–5) (provided for in subheading 2921.19.60) ’’.

SEC. 1114. TRIAZAMATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.89 Acetic acid, [[1-[(dimethylamino)carbonyl]-3- Free No change No change On or before 12/31/2003 (1,1-dimethylethyl)-1H-1,2,4-triazol-5-yl]thio]-, ’’. ethyl ester (CAS No. 112143–82–5) (provided for in subheading 2933.90.17)

SEC. 1115. METHOXYFENOZIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.93 Benzoic acid, 3-methoxy-2-methyl-,2-(3,5- Free No change No change On or before 12/31/2003 dimethylbenzoyl)-2-(1,1- ’’. dimethylethyl)hydrazide (CAS No. 161050–58– 4) (provided for in subheading 2928.00.25)

SEC. 1116. 1-FLUORO-2-NITROBENZENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.04 1-Fluoro-2-nitrobenzene (CAS No. 001493–27– Free Free No change On or before 12/31/2003 2) (provided for in subheading 2904.90.30) ’’.

SEC. 1117. PHBA. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.03 p-Hydroxybenzoic acid (CAS No. 99–96–7) Free Free No change On or before 12/31/2003 (provided for in subheading 2918.29.22) ’’.

SEC. 1118. THQ (TOLUHYDROQUINONE). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.05 Toluhydroquinone, (CAS No. 95–71–6) (pro- Free Free No change On or before 12/31/2003 vided for in subheading 2907.29.90) ’’.

SEC. 1119. 2,4-DICUMYLPHENOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.19.80 2,4-Dicumylphenol (CAS No. 2772–45–4) (pro- Free No change No change On or before 12/31/2003 vided for in subheading 2907.19.20 or ’’. 2907.19.80)

SEC. 1120. CERTAIN CATHODE-RAY TUBES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.85.42 Cathode-ray data/graphic display tubes, Free No change No change On or before 12/31/2003 color, with a less than 90 degree deflection ’’. (provided for in subheading 8540.60.00)

SEC. 1121. OTHER CATHODE-RAY TUBES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.85.41 Cathode-ray data/graphic display tubes, 1% No change No change On or before 12/31/2003 color, with a phosphor dot screen pitch small- ’’. er than 0.4 mm, and with a less than 90 de- gree deflection (provided for in subheading 8540.40.00)

SEC. 1122. CERTAIN RAW COTTON. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings:

‘‘ 9902.52.01 Cotton, not carded or combed, having a staple Free No change No change On or before 12/31/2003 length under 31.75 mm (11⁄4 inches), described in general note 15 of the tariff schedule and entered pursuant to its provisions (provided for in subheading 5201.00.22) S10560 CONGRESSIONAL RECORD — SENATE October 13, 2000 9902.52.03 Cotton, not carded or combed, having a staple Free No change No change On or before 12/31/2003 length under 31.75 mm (11⁄4 inches), described ’’. in additional U.S. note 7 of chapter 52 and entered pursuant to its provisions (provided for in subheading 5201.00.34)

SEC. 1123. RHINOVIRUS DRUG. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.97 (2E,4S)-4-(((2R,5S)-2-((4-Fluorophenyl)-meth- Free No change No change On or before 12/31/2003 yl)-6-methyl-5-(((5-methyl-3-isoxazolyl)- ’’. carbonyly) amino)-1,4-dioxoheptyl)-amino)-5- ((3S)-2-oxo-3-pyrrolidinyl)-2-pentenoic acid, ethyl ester (CAS No. 223537–30–2) (provided for in subheading 2934.90.39)

SEC. 1124. BUTRALIN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.00 N-sec-Butyl-4-tert-butyl-2,6-dinitroaniline Free Free No change On or before 12/31/2003 (CAS No. 33629–47–9) or preparations thereof ’’. (provided for in subheading 2921.42.90 or 3808.31.15)

SEC. 1125. BRANCHED DODECYLBENZENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.01 Branched dodecylbenzenes (CAS No. 123–01–3) Free Free No change On or before 12/31/2003 (provided for in subheading 2902.90.30) ’’.

SEC. 1126. CERTAIN FLUORINATED COMPOUND. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.96 (4-Fluorophenyl)-[3-[(4-fluorophenyl)- Free No change No change On or before 12/31/2003 ethynyl]phenyl]methanone (provided for in ’’. subheading 2914.70.40)

SEC. 1127. CERTAIN LIGHT ABSORBING PHOTO DYE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.55 4-Chloro-3-[4-[[4- Free No change No change On or before 12/31/2003 (dimethylamino)phenyl]methylene]-4,5- ’’. dihydro-3-methyl-5-oxo-1H-pyrazol- yl]benzenesulfonic acid, compound with pyri- dine (1:1) (CAS No. 160828–81–9) (provided for in subheading 2934.90.90)

SEC. 1128. FILTER BLUE GREEN PHOTO DYE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.62 Iron chloro-5,6-diamino-1,3- Free No change No change On or before 12/31/2003 naphthalenedisulfonate complexes (CAS No. ’’. 85187–44–6) (provided for in subheading 2942.00.10)

SEC. 1129. CERTAIN LIGHT ABSORBING PHOTO DYES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.34 4-[4-[3-[4-(Dimethylamino)phenyl]-2- Free No change No change On or before 12/31/2003 propenylidene]-4,5-dihydro-3-methyl-5-oxo- ’’. 1H-pyrazol-1-yl]benzenesulfonic acid, com- pound with N,N-diethylethanamine (1:1) (CAS No. 109940–17–2); 4-[3-[3-Carboxy-5-hy- droxy-1-(4-sulfophenyl)-1H-pyrazole-4-yl]-2- propenylidene]-4,5-dihydro-5-oxo-1-(4- sulfophenyl)-1H-pyrazole-3-carboxylic acid, sodium salt, compound with N,N- diethylethanamine (CAS No. 90066–12–9); 4- [4,5-dihydro-4-[[5-hydroxy-3-methyl-1-(4- sulfophenyl)-1H- pyrazol-4-yl]methylene]-3- methyl-5-oxo-1H-pyrazol-1-yl]benzenesulfonic acid, dipotassium salt (CAS No. 94266–02–1); 4-[4-[[4-(Dimethylamino)-phenyl]methylene]- 4,5-dihydro-3-methyl-5-oxo-1H-pyrazol-l- yl]benzenesulfonic acid, potassium salt (CAS No. 27268–31–1); 4,5-dihydro-5-oxo-4- [(phenylamino)methylene]-1-(4-sulfophenyl)- 1H-pyrazole-3-carboxylic acid, disodium salt; and 4-[5-[3-Carboxy-5-hydroxy-1-(4- sulfophenyl)-1H-pyrazol-4-yl]-2,4- pentadienylidene]-4,5-dihydro-5-oxo-1-(4- sulfophenyl)-1H-pyrazole-3-carboxylic acid, tetrapotassium salt (CAS No. 134863–74–4) (all of the foregoing provided for in subheading 2933.19.30)

SEC. 1130. 4,4′-DIFLUOROBENZOPHENONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.85 Bis(4-fluorophenyl)methanone (CAS No. 345– Free No change No change On or before 12/31/2003 92–6) (provided for in subheading 2914.70.40) ’’.

SEC. 1131. A FLUORINATED COMPOUND. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: October 13, 2000 CONGRESSIONAL RECORD — SENATE S10561

‘‘ 9902.30.14 (4-Fluorophenyl)phenylmethanone (CAS No. Free No change No change On or before 12/31/2003 345–83–5) (provided for in subheading ’’. 2914.70.40)

SEC. 1132. DITMP. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.10 Di-trimethylolpropane (CAS No. 23235–61–2 Free No change No change On or before 12/31/2003 (provided for in subheading 2909.49.60) ’’.

SEC. 1133. HPA. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.09 Hydroxypivalic acid (CAS No. 4835–90–9) (pro- Free No change No change On or before 12/31/2003 vided for in subheading 2918.19.90) ’’.

SEC. 1134. APE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.15 Allyl pentaerythritol (CAS No. 1471–18–7) Free No change No change On or before 12/31/2003 (provided for in subheading 2909.49.60) ’’.

SEC. 1135. TMPDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.58 Trimethylolpropane, diallyl ether (CAS No. Free No change No change On or before 12/31/2003 682–09–7) (provided for in subheading ’’. 2909.49.60)

SEC. 1136. TMPME. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.59 Trimethylolpropane monoallyl ether (provided Free No change No change On or before 12/31/2003 for in subheading 2909.49.60) ’’.

SEC. 1137. TUNGSTEN CONCENTRATES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.26.11 Tungsten concentrates (provided for in sub- Free No Change No change On or before 12/31/2003 heading 2611.00.60) ’’.

SEC. 1138. 2 CHLORO AMINO TOLUENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.62 2-Chloro-p-toluidine (CAS No. 95–74–9) (pro- Free No change No change On or before 12/31/2003 vided for in subheading 2921.43.80) ’’.

SEC. 1139. CERTAIN ION-EXCHANGE RESINS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.30 Ion-exchange resin, comprising a copolymer Free No change No change On or before 12/31/2003 of 2-propenenitrile with diethenylbenzene, ethenylethylbenzene and 1,7-octadiene, hydrolyzed (CAS No. 130353–60–5) (provided for in subheading 3914.00.60) 9902.39.31 Ion-exchange resin, comprising a copolymer Free No change No change On or before 12/31/2003 of 2-propenenitrile with 1,2,4- triethylenylcyclohexane, hydrolyzed (CAS No. 109961–42–4) (provided for in subheading 3914.00.60) 9902.39.32 Ion-exchange resin, comprising a copolymer Free No change No change On or before 12/31/2003 of 2-propenenitrile with diethenylbenzene, ’’. hydrolyzed (CAS No. 135832–76–7) (provided for in subheading 3914.00.60)

SEC. 1140. 11-AMINOUNDECANOIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.49 11-Aminoundecanoic acid (CAS No. 2432–99–7) 1.6% No change No change On or before 12/31/2003 (provided for in subheading 2922.49.40) ’’.

SEC. 1141. DIMETHOXY BUTANONE (DMB). Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.16 4,4-Dimethoxy-2-butanone (CAS No. 5436–21– Free No change No change On or before 12/31/2003 5) (provided for in subheading 2914.50.50) ’’.

SEC. 1142. DICHLORO ANILINE (DCA). Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.17 2,6-Dichloro aniline (CAS No. 608–31–1) (pro- Free No change No change On or before 12/31/2003 vided for in subheading 2921.42.90) ’’.

SEC. 1143. DIPHENYL SULFIDE. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.06 Diphenyl sulfide (CAS No. 139–66–2) (provided Free No change No change On or before 12/31/2003 for in subheading 2930.90.29) ’’.

SEC. 1144. TRIFLURALIN. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.02 α,α,α-Trifluoro-2,6-dinitro-p-toluidine (CAS 5% No change No change On or before 12/31/2003 No. 1582–09–8) (provided for in subheading ’’. 2921.43.15) S10562 CONGRESSIONAL RECORD — SENATE October 13, 2000 SEC. 1145. DIETHYL IMIDAZOLIDINONE (DMI). Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.26 1,3-Diethyl-2-imidazolidinone (CAS No. 80–73– Free No change No change On or before 12/31/2003 9) (provided for in subheading 2933.29.90) ’’.

SEC. 1146. ETHALFLURALIN. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.30.49 N-Ethyl-N-(2-methyl-2-propenyl)-2,6-dinitro- 7.9% No change No change On or before 12/31/2003 4-(trifluoromethyl)- benzenamine (CAS No. ’’. 55283–68–6) (provided for in subheading 2921.43.80)

SEC. 1147. BENFLURALIN. Subchapter II of chapter 99 is amended by striking heading 9902.29.59 and by inserting the following new heading:

‘‘ 9902.29.59 N-Butyl-N-ethyl-α,α,α-trifluoro-2,6-dinitro-p- Free No change No change On or before 12/31/2003 toluidine (CAS No. 1861–40–1) (provided for in ’’. subheading 2921.43.80)

SEC. 1148. 3-AMINO-5-MERCAPTO-1,2,4–TRIAZOLE (AMT). Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.08 3-Amino-5-mercapto-1,2,4-triazole (CAS No. Free No change No change On or before 12/31/2003 16691–43–3) (provided for in subheading ’’. 2933.90.97)

SEC. 1149. DIETHYL PHOSPHOROCHLORODOTHIOATE (DEPCT). Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.58 O,O-Diethyl phosphorochlorodothioate (CAS Free No change No change On or before 12/31/2003 No. 2524–04–1) (provided for in subheading ’’. 2920.10.50)

SEC. 1150. REFINED QUINOLINE. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.61 Quinoline (CAS No. 91–22–5) (provided for in Free No change No change On or before 12/31/2003 subheading 2933.40.70) ’’.

SEC. 1151. DMDS. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.33.92 2,2-Dithiobis(8-fluoro-5-methoxy)-1,2,4- Free No change No change On or before 12/31/2003 triazolo[1,5-c] pyrimidine (CAS No. 166524–74– ’’. 9) (provided for in subheading 2933.59.80)

SEC. 1152. VISION INSPECTION SYSTEMS. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.90.20 Automated visual inspection systems of a kind Free No change No change On or before 12/31/2003 used for physical inspection of capacitors ’’. (provided for in subheadings 9031.49.90 and 9031.80.80)

SEC. 1153. ANODE PRESSES. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.84.70 Presses for pressing tantalum powder into an- Free No change No change On or before 12/31/2003 odes (provided for in subheading 8462.99.80) ’’.

SEC. 1154. TRIM AND FORM MACHINES. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.84.40 Trimming and forming machines used in the Free No change No change On or before 12/31/2003 manufacture of surface mounted electronic ’’. components other than semiconductors prior to marking (provided for in subheadings 8462.21.80, 8462.29.80, and 8463.30.00)

SEC. 1155. CERTAIN ASSEMBLY MACHINES. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.84.30 Assembly machines for assembling anodes to Free No change No change On or before 12/31/2003 lead frames (provided for in subheading ’’. 8479.89.97)

SEC. 1156. THIONYL CHLORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.28.01 Thionyl chloride (CAS No. 7719–09–7) (pro- Free Free No change On or before 12/31/2003 vided for in subheading 2812.10.50) ’’.

SEC. 1157. PHENYLMETHYL HYDRAZINECARBOXYLATE. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.96 Phenylmethyl hydrazinecarboxylate (CAS No. Free No change No change On or before 12/31/2003 5331–43–1) (provided for in subheading ’’. 2928.00.25)

SEC. 1158. TRALKOXYDIM FORMULATED. (a) IN GENERAL.—Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new headings: October 13, 2000 CONGRESSIONAL RECORD — SENATE S10563

‘‘ 9902.06.62 2-[1-(Ethoxyimino)-propyl]-3-hydroxy-5-(2,4,6- Free No change No change On or before 12/31/2001 trimethylphenyl)-2-cyclohexen-1-one (Tralkoxydim) (CAS No. 87820–88–0) (provided for in subheading 2925.20.60) 9902.06.01 Mixtures of 2-[1-(Ethoxyimino)-propyl]-3-hy- Free No change No change On or before 12/31/2001 droxy-5-(2,4,6-trimethylphenyl)-2-cyclohexen- ’’. 1-one (Tralkoxydim) (CAS No. 87820–88–0) and application adjuvants (provided for in sub- heading 3808.30.15)

(b) CALENDAR YEAR 2002.— (1) IN GENERAL.—Headings 9902.06.62 and 9902.06.01, as added by subsection (a), are amended— (A) by striking ‘‘Free’’ each place it appears and inserting ‘‘1.1%’’; and (B) by striking ‘‘On or before 12/31/2001’’ each place it appears and inserting ‘‘On or before 12/31/2002’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2002. (c) CALENDAR YEAR 2003.— (1) IN GENERAL.—Headings 9902.06.62 and 9902.06.01, as added by subsection (a), are amended— (A) by striking ‘‘1.1%’’ each place it appears and inserting ‘‘2.3%’’; and (B) by striking ‘‘On or before 12/31/2002’’ each place it appears and inserting ‘‘On or before 12/31/2003’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2003. SEC. 1159. KN002. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.63 2-[2,4-Dichloro-5-hydroxyphenyl)-hydrazono]- Free No change No change On or before 12/31/2003 1-piperidine-carboxylic acid, methyl ester ’’. (CAS No. 159393–46–1) (provided for in sub- heading 2933.39.61)

SEC. 1160. KL084. (a) CALENDAR YEAR 2000.—Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.69 2-Imino-1-methoxycarbonyl-piperidine hydro- 5.4% No change No change On or before 12/31/2000 chloride (CAS No. 159393–48–3) (provided for ’’. in subheading 2933.39.61)

(b) CALENDAR YEAR 2001.— (1) IN GENERAL.—Heading 9902.29.69, as added by subsection (a), is amended— (A) by striking ‘‘5.4%’’ and inserting ‘‘4.7%’’; and (B) by striking ‘‘On or before 12/31/2000’’ and inserting ‘‘On or before 12/31/2001’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2001. (c) CALENDAR YEAR 2002.— (1) IN GENERAL.—Heading 9902.29.69, as added by subsection (a), is amended— (A) by striking ‘‘4.7%’’ and inserting ‘‘4.0%’’; and (B) by striking ‘‘On or before 12/31/2001’’ and inserting ‘‘On or before 12/31/2002’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2002. (d) CALENDAR YEAR 2003.— (1) IN GENERAL.—Heading 9902.29.69, as added by subsection (a), is amended— (A) by striking ‘‘4.0%’’ and inserting ‘‘3.3%’’; and (B) by striking ‘‘On or before 12/31/2002’’ and inserting ‘‘On or before 12/31/2003’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2003. SEC. 1161. IN–N5297. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.35 2-(Methoxycarbonyl)- benzylsulfonamide Free No change No change On or before 12/31/2003 (CAS No. 59777–72–9) (provided for in sub- ’’. heading 2935.00.75)

SEC. 1162. AZOXYSTROBIN FORMULATED. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.38.01 Methyl (E)-2-2[6-(2-cyanophenoxy)-pyrimidin- 5.7% No change No change On or before 12/31/2003 4-xloxy]phenyl-3-methoxyacrylate (CAS No. ’’. 131860–33–8) (provided for in subheading 3808.20.15)

SEC. 1163. FUNGAFLOR 500 EC. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.09 Mixtures of enilconazole (CAS No. 35554–44–0 Free No change No change On or before 12/31/2003 or 73790–28–0) and application adjuvants ’’. (provided for in subheading 3808.20.15)

SEC. 1164. NORBLOC 7966. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.22 2-(2’-Hydroxy-5’- Free No change No change On or before 12/31/2003 methacrylyloxyethylphenyl)-2H-benzotriazole ’’. (CAS No. 96478–09–0) (provided for in sub- heading 2933.90.79)

SEC. 1165. IMAZALIL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.10 Enilconazole (CAS No. 35554–44–0 or 73790–28– Free No change No change On or before 12/31/2003 0) (provided for in subheading 2933.29.35) ’’.

SEC. 1166. 1,5-DICHLOROANTHRAQUINONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.14 1,5-Dichloroanthraquinone (CAS No. 82–46–2) Free Free No change On or before 12/31/2003 (provided for in subheading 2914.70.40) ’’.

SEC. 1167. ULTRAVIOLET DYE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: S10564 CONGRESSIONAL RECORD — SENATE October 13, 2000

‘‘ 9902.28.19 9-Anthracene-carboxylic acid, Free No change No change On or before 12/31/2003 (triethoxysilyl)-methyl ester (provided for in ’’. subheading 2931.00.30)

SEC. 1168. VINCLOZOLIN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.20 3-(3,5-Dichlorophenyl)-5-ethenyl-5-methyl-2,4- Free No change No change On or before 12/31/2003 oxazolidinedione (CAS No. 50471–44–8) (pro- ’’. vided for in subheading 2934.90.12)

SEC. 1169. TEPRALOXYDIM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.64 Mixtures of E-2-[1-[[(3-chloro-2-propenyl)oxy]- Free No change No change On or before 12/31/2003 imino]propyl]-3-hydroxy-5- (tetrahydro-2H- ’’. pyran-4-yl)-2-cyclohexen-1-one (CAS No. 149979–41–9) and application adjuvants (pro- vided for in subheading 3808.30.50)

SEC. 1170. PYRIDABEN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.30 4-Chloro-2-(1,1-dimethylethyl)-5-(((4-(1,1- Free No change No change On or before 12/31/2003 dimethylethyl)phenyl)-methyl)thio)-3-(2H)- ’’. pyridazinone (CAS No. 96489–71–3) (provided for in subheading 2933.90.22)

SEC. 1171. 2-ACETYLNICOTINIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.02 2-Acetylnicotinic acid (CAS No. 89942–59–6) Free No change No change On or before 12/31/2003 (provided for in subheading 2933.39.61) ’’.

SEC. 1172. SAME. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.21.06 Food supplement preparation of S- 5.5% No change No change On or before 12/31/2003 adenosylmethionine 1,4-butanedisulfonate ’’. (CAS No. 101020–79–5) (provided for in sub- heading 2106.90.99)

SEC. 1173. PROCION CRIMSON H-EXL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.60 1,5-Naphthalene-disulfonic acid, 2-((8-((4- Free No change No change On or before 12/31/2003 chloro-6-((3-(((4-chloro-6-((7-((1,5-disulfo-2- ’’. naphthalenyl)-azo)-8-hydroxy-3,6-disulfo-1- naphthalenyl)amino)-1,3,5-triazin-2- yl)amino)-methyl)phenyl)-amino)-1,3,5- triazin-2-yl)amino)-1-hydroxy-3,6-disulfo-2- naphthalenyl)-azo)-, octa- (CAS No. 186554– 26–7) (provided for in subheading 3204.16.30)

SEC. 1174. DISPERSOL CRIMSON SF GRAINS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.05 Mixture of 3-phenyl-7-(4- Free No change No change On or before 12/31/2003 propoxyphenyl)benzo-(1,2-b:4,5-b’)-difuran- ’’. 2,6-dione (CAS No. 79694–17–0); 4-(2,6- dihydro-2,6-dioxo)-7-phenylbenzo-(1,2-b:4,5- b’)-difuran-3-ylphenoxyacetic acid, 2- ethoxyethyl ester (CAS No. 126877–05–2); and 4-(2,6-dihydro-2,6-dioxo-7-(4-propoxphenyl)- benzo-(1,2-b:4,5-b’)-difuran-3-yl)- phenoxy)phenoxy)-acetic acid, 2-ethoxyethyl ester (CAS No. 126877–06–3) (the foregoing mixture provided for in subheading 3204.11.35)

SEC. 1175. PROCION NAVY H-EXL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.50 Mixture of 2,7-naphthalenedisulfonic acid, 4- Free No change No change On or before 12/31/2003 amino-3,6-bis[[5-[[4-chloro-6-[(2-methyl-4- ’’. sulfophenyl)amino]-1,3,5-triazin-2-yl]amino]- 2-sulfophenyl]azo]-5-hydroxy-, hexasodium salt (CAS No. 186554–27–8); and 1,5- Naphthalenedisulfonic acid, 2-((8-((4-chloro- 6-((3-(((4-chloro-6-((7-((1,5-disulfo-2- naphthalenyl)azo)-8-hydroxy-3,6-disulfo-1- naphthalenyl)amino)-1,3,5-triazin-2-yl)- amino)methyl)-phenyl)amino)-1,3,5-triazin-2- yl)amino)-1-hydroxy-3,6-disulfo-2- naphthalenyl)azo)-, octa- (CAS No. 186554– 26–7) (the foregoing mixture provided for in subheading 3204.16.30)

SEC. 1176. PROCION YELLOW H-EXL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.46 Reactive yellow 138:1 mixed with non-color Free No change No change On or before 12/31/2003 dispersing agent, anti-dusting agent and ’’. water (CAS No. 72906–25–3) (the foregoing provided for in subheading 3204.16.30)

SEC. 1177. 2-PHENYLPHENOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: October 13, 2000 CONGRESSIONAL RECORD — SENATE S10565

‘‘ 9902.29.25 2-Phenylphenol (CAS No. 90–43–7) (provided Free No change No change On or before 12/31/2003 for in subheading 2907.19.80) ’’.

SEC. 1178. 2-METHOXY-1-PROPENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.27 2-Methoxy-1-propene (CAS No. 116–11–0) (pro- Free No change No change On or before 12/31/2003 vided for in subheading 2909.19.18) ’’.

SEC. 1179. 3,5-DIFLUOROANILINE. (a) CALENDAR YEARS 2000 AND 2001.—Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.56 3,5-Difluoroaniline (CAS No. 372–39–4) (pro- 7.4% No change No change On or before 12/31/2001 vided for in subheading 2921.42.65) ’’.

(b) CALENDAR YEAR 2002.— (1) IN GENERAL.—Heading 9902.29.56, as added by subsection (a), is amended— (A) by striking ‘‘7.4%’’ and inserting ‘‘6.7%’’; and (B) by striking ‘‘On or before 12/31/2001’’ and inserting ‘‘On or before 12/31/2002’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2002. (c) CALENDAR YEAR 2003.— (1) IN GENERAL.—Heading 9902.29.56, as added by subsection (a), is amended— (A) by striking ‘‘6.7%’’ and inserting ‘‘6.3%’’; and (B) by striking ‘‘On or before 12/31/2002’’ and inserting ‘‘On or before 12/31/2003’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2003. SEC. 1180. QUINCLORAC. (a) CALENDAR YEARS 2000 AND 2001.—Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.47 3,7-Dichloro-8-quinolinecarboxylic acid (CAS 6.8% No change No change On or before 12/31/2001 No. 84087–01–4) (provided for in subheading ’’. 2933.40.30)

(b) CALENDAR YEAR 2002.— (1) IN GENERAL.—Heading 9902.29.47, as added by subsection (a), is amended— (A) by striking ‘‘6.8%’’ and inserting ‘‘5.9%’’; and (B) by striking ‘‘On or before 12/31/2001’’ and inserting ‘‘On or before 12/31/2002’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2002. (c) CALENDAR YEAR 2003.— (1) IN GENERAL.—Heading 9902.29.47, as added by subsection (a), is amended— (A) by striking ‘‘5.9%’’ and inserting ‘‘5.4%’’; and (B) by striking ‘‘On or before 12/31/2002’’ and inserting ‘‘On or before 12/31/2003’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2003. SEC. 1181. DISPERSOL BLACK XF GRAINS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.81 Mixture of Disperse blue 284, Disperse brown Free No change No change On or before 12/31/2003 19 and Disperse red 311 with non-color dis- ’’. persing agent (provided for in subheading 3204.11.35)

SEC. 1182. FLUROXYPYR, 1-METHYLHEPTYL ESTER (FME). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.77 Fluoroxypyr, 1-methylheptyl ester (1- Free No change No change On or before 12/31/2003 Methylheptyl ((4-amino-3,5-dichloro-6-fluoro- ’’. 2-pyridinyl)oxy)acetate) (CAS No. 81406–37–3) (provided for in subheading 2933.39.25)

SEC. 1183. SOLSPERSE 17260. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.29 12-Hydroxyoctadecanoic acid, reaction prod- Free No change No change On or before 12/31/2003 uct with N,N-dimethyl-1,3-propanediamine, ’’. dimethyl sulfate, quaternized, 60 percent solu- tion in toluene (CAS No. 70879–66–2) (provided for in subheading 3824.90.28)

SEC. 1184. SOLSPERSE 17000. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.02 12-Hydroxyoctadecanoic acid, reaction prod- Free No change No change On or before 12/31/2003 uct with N,N-dimethyl, 1, 3-propanediamine, ’’. dimethyl sulfate, quaternized (CAS No. 70879– 66–2) (provided for in subheading 3824.90.40)

SEC. 1185. SOLSPERSE 5000. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.03 1-Octadecanaminium, N,N-dimethyl-N-octa- Free No change No change On or before 12/31/2003 decyl-, (Sp-4-2)-[29H,31H-phthalocyanine-2- ’’. sulfonato(3-)-N29,N30,N31,N32]cuprate(1-) (CAS No. 70750–63–9) (provided for in subheading 3824.90.28)

SEC. 1186. CERTAIN TAED CHEMICALS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.70 Tetraacetylethylenediamine (CAS Nos. 10543– Free No change No change On or before 12/31/2003 57–4) (provided for in subheading 2924.10.10) ’’.

SEC. 1187. ISOBORNYL ACETATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: S10566 CONGRESSIONAL RECORD — SENATE October 13, 2000

‘‘ 9902.29.71 Isobornyl acetate (CAS No. 125–12–2) (pro- Free No change No change On or before 12/31/2003 vided for in subheading 2915.39.45) ’’.

SEC. 1188. SOLVENT BLUE 124. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.73 Solvent blue 124 (CAS No. 29243–26–3) (pro- Free No change No change On or before 12/31/2003 vided for in subheading 3204.19.20) ’’.

SEC. 1189. SOLVENT BLUE 104. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.72 Solvent blue 104 (CAS No. 116–75–6) (provided Free No change No change On or before 12/31/2003 for in subheading 3204.19.20) ’’.

SEC. 1190. PRO-JET MAGENTA 364 STAGE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.85.00 5-[4-(4,5-Dimethyl-2-sulfophenylamino)-6-hy- Free No change No change On or before 12/31/2003 droxy-[1,3,5-triazin-2-yl amino]-4-hydroxy-3- ’’. (1-sulfonaphthalen-2-ylazo)naphthalene-2,7- disulfonic acid, sodium ammonium salt (pro- vided for in subheading 3204.14.30)

SEC. 1191. 4-AMINO-2,5-DIMETHOXY-N-PHENYLBENZENE SULFONAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.73 4-Amino-2,5-dimethoxy-N-phenylbenzene sul- Free No change No change On or before 12/31/2003 fonamide (CAS No. 52298–44–9) (provided for ’’. in subheading 2935.00.10)

SEC. 1192. UNDECYLENIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.78 10-Undecylenic acid (CAS No. 112–38–9) (pro- Free No change No change On or before 12/31/2003 vided for in subheading 2916.19.30) ’’.

SEC. 1193. 2-METHYL-4-CHLOROPHENOXYACETIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.81 2-Methyl-4-chlorophenoxyacetic acid (CAS 2.6% No change No change On or before 12/31/2003 No. 94–74–6) and its 2-ethylhexyl ester (CAS ’’. No. 29450–45–1) (provided for in subheading 2918.90.20); and 2-Methyl-4-chlorophenoxy- acetic acid, dimethylamine salt (CAS No. 2039–46–5) (provided for in subheading 2921.19.60)

SEC. 1194. IMINODISUCCINATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.83 Mixtures of sodium salts of iminodisuccinic Free No change No change On or before 12/31/2003 acid (provided for in subheading 3824.90.90) ’’.

SEC. 1195. IMINODISUCCINATE SALTS AND AQUEOUS SOLUTIONS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.10 Mixtures of sodium salts of iminodisuccinic Free No change No change On or before 12/31/2003 acid, dissolved in water (provided for in sub- ’’. heading 3824.90.90)

SEC. 1196. POLY(VINYL CHLORIDE) (PVC) SELF-ADHESIVE SHEETS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.01 Poly(vinyl chloride) (PVC) self-adhesive Free No change No change On or before 12/31/2003 sheets, of a kind used to make bandages (pro- ’’. vided for in subheading 3919.10.20)

SEC. 1197. 2-BUTYL-2-ETHYLPROPANEDIOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.84 2-Butyl-2-ethylpropane-1,3-diol (CAS No. 115– Free No change No change On or before 12/31/2003 84–4) (provided for in subheading 2905.39.90) ’’.

SEC. 1198. CYCLOHEXADEC-8-EN-1-ONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.85 Cyclohexadec-8-en-1-one (CAS No. 3100–36–5) Free No change No change On or before 12/31/2003 (provided for in subheading 2914.29.50) ’’.

SEC. 1199. PAINT ADDITIVE CHEMICAL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.33 N-Cyclopropyl-N′-(1,1-dimethylethy)-6- Free No change No change On or before 12/31/2003 (methylthio)-1,3,5-triazine-2,4-diamine (CAS ’’. No. 28159–98–0) (provided for in subheading 2933.69.60)

SEC. 1200. O-CUMYL-OCTYLPHENOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.86 o-Cumyl-octylphenol (CAS No. 73936–80–8) Free No change No change On or before 12/31/2003 (provided for in subheading 2907.19.80) ’’.

SEC. 1201. CERTAIN POLYAMIDES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: October 13, 2000 CONGRESSIONAL RECORD — SENATE S10567

‘‘ 9902.39.08 Micro-porous, ultrafine, spherical forms of Free No change No change On or before 12/31/2003 polyamide-6, polyamide-12, and polyamide- ’’. 6,12 powders (CAS No. 25038–54–4, 25038–74–8, and 25191–04–1) (provided for in subheading 3908.10.00)

SEC. 1202. MESAMOLL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.14 Mixture of phenyl esters of C10–C18 Free No change No change On or before 12/31/2003 alkylsulfonic acids (CAS No. 70775–94–9) (pro- ’’. vided for in subheading 3812.20.10)

SEC. 1203. VULKALENT E/C. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.31 Mixtures of N-phenyl-N- Free No change No change On or before 12/31/2003 ((trichloromethyl)thio)-benzenesulfonamide, ’’. calcium carbonate, and mineral oil (provided for in 3824.90.28)

SEC. 1204. BAYTRON M. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.87 3,4-Ethylenedioxythiophene (CAS No. 126213– Free No change No change On or before 12/31/2003 50–1) (provided for in subheading 2934.90.90) ’’.

SEC. 1205. BAYTRON C–R. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.15 Aqueous catalytic preparations based on iron Free No change No change On or before 12/31/2003 (III) toluenesulfonate (CAS No. 77214–82–5) ’’. (provided for in subheading 3815.90.50)

SEC. 1206. BAYTRON P. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.15 Aqueous dispersions of poly(3,4- Free No change No change On or before 12/31/2003 ethylenedioxythiophene) poly- ’’. (styrenesulfonate) (cationic) (CAS No. 155090– 83–8) (provided for in subheading 3911.90.25)

SEC. 1207. DIMETHYL DICARBONATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.89 Dimethyl dicarbonate (CAS No. 4525–33–1) Free No change No change On or before 12/31/2003 (provided for in subheading 2920.90.50) ’’.

SEC. 1208. KN001 (A HYDROCHLORIDE). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.88 2,4-Dichloro-5-hydrazinophenol Free No change No change On or before 12/31/2003 monohydrochloride (CAS No. 189573–21–5) ’’. (provided for in subheading 2928.00.25)

SEC. 1209. KL540. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.91 Methyl-4-trifluoromethoxyphenyl-N- Free No change No change On or before 12/31/2003 (chlorocarbonyl) carbamate (CAS No. 173903– ’’. 15–6) (provided for in subheading 2924.29.70)

SEC. 1210. DPC 083. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.92 (S)-6-Chloro-3,4-dihydro-4E- Free No change No change On or before 12/31/2003 cyclopropylethnyl-4-trifluoromethyl-2(1H)- ’’. quinazolinone (CAS No. 214287–99–7) (pro- vided for in subheading 2933.90.46)

SEC. 1211. DPC 961. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.20.05 (S)-6-Chloro-3,4-dihydro-4- Free No change No change On or before 12/31/2003 cyclopropylethynyl-4-trifluoromethyl-2(1H)- ’’. quinazolinone (CAS No. 214287–88–4) (pro- vided for in subheading 2933.90.46)

SEC. 1212. PETROLEUM SULFONIC ACIDS, SODIUM SALTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.34.01 Petroleum sulfonic acids, sodium salts (CAS Free No change No change On or before 12/31/2003 No. 68608–26–4) (provided for in subheading ’’. 3402.11.50)

SEC. 1213. PRO-JET CYAN 1 PRESS PASTE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.20 Direct blue 199 acid (CAS No. 80146–12–9) Free No change No change On or before 12/31/2003 (provided for in subheading 3204.14.30) ’’.

SEC. 1214. PRO-JET BLACK ALC POWDER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.23 Direct black 184 (provided for in subheading Free No change No change On or before 12/31/2003 3204.14.30) ’’. S10568 CONGRESSIONAL RECORD — SENATE October 13, 2000 SEC. 1215. PRO-JET FAST YELLOW 2 RO FEED. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.99 Direct yellow 173 (provided for in subheading Free No change No change On or before 12/31/2003 3204.14.30) ’’.

SEC. 1216. SOLVENT YELLOW 145. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.30.46 Solvent yellow 145 (CAS No. 27425–55–4) (pro- Free No change No change On or before 12/31/2003 vided for in subheading 3204.19.25) ’’.

SEC. 1217. PRO-JET FAST MAGENTA 2 RO FEED. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.24 Direct violet 107 (provided for in subheading Free No change No change On or before 12/31/2003 3204.14.30) ’’.

SEC. 1218. PRO-JET FAST CYAN 2 STAGE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.17 Direct blue 307 (provided for in subheading Free No change No change On or before 12/31/2003 3204.14.30) ’’.

SEC. 1219. PRO-JET CYAN 485 STAGE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.25 [(2-Hydroxyethylsulfamoyl)- Free No change No change On or before 12/31/2003 sulfophthalocyaninato] copper (II), mixed iso- ’’. mers (provided for in subheading 3204.14.30)

SEC. 1220. TRIFLUSULFURON METHYL FORMULATED PRODUCT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.50 Methyl 2-[[[[[-4-(dimethylamino)-6-(2,2,2- Free No change No change On or before 12/31/2003 trifluoroethoxy)-1,3,5-triazin-2-yl] ’’. amino]carbonyl] amino]sulfonyl] -3- methylbenzoate (CAS No. 126535–15–7) (pro- vided for in subheading 3808.30.15)

SEC. 1221. PRO-JET FAST CYAN 3 STAGE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.30.11 [29H,31H-Phthalocyaninato(2-) Free No change No change On or before 12/31/2003 -xN29,xN30,xN31,xN32] copper,[[2-[4-(2- ’’. aminoethyl)-1-piperazinyl]- ethyl]amino]sulfonylamino-sulfonyl[(2-hy- droxyethyl)amino]-sulfonyl [[2-[[2-(1- piperazinyl)ethyl]-amino)ethyl]- amino]sulfonyl sulfo derivatives and their so- dium salts (provided for in subheading 3204.14.30)

SEC. 1222. PRO-JET CYAN 1 RO FEED. (a) CALENDAR YEAR 2000.—Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.65 Direct blue 199 sodium salt (CAS No. 90295– 9.5% No change No change On or before 12/31/2000 11–7) (provided for in subheading 3204.14.30) ’’.

(b) CALENDAR YEAR 2001.— (1) IN GENERAL.—Heading 9902.32.65, as added by subsection (a), is amended— (A) by striking ‘‘9.5%’’ and inserting ‘‘8.5%’’; and (B) by striking ‘‘On or before 12/31/2000’’ and inserting ‘‘On or before 12/31/2001’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2001. (c) CALENDAR YEAR 2002.— (1) IN GENERAL.—Heading 9902.32.65, as added by subsection (a) and amended by subsection (b), is further amended— (A) by striking ‘‘8.5%’’ and inserting ‘‘7.4%’’; and (B) by striking ‘‘On or before 12/31/2001’’ and inserting ‘‘On or before 12/31/2002’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2001. SEC. 1223. PRO-JET FAST BLACK 287 NA PASTE/LIQUID FEED. (a) CALENDAR YEAR 2000.—Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.67 Direct black 195 (CAS No. 160512–93–6) (pro- 7.8% No change No change On or before 12/31/2000 vided for in subheading 3204.14.30) ’’.

(b) CALENDAR YEAR 2001.— (1) IN GENERAL.—Heading 9902.32.67, as added by subsection (a), is amended— (A) by striking ‘‘7.8%’’ and inserting ‘‘7.1%’’; and (B) by striking ‘‘On or before 12/31/2000’’ and inserting ‘‘On or before 12/31/2001’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2001. (c) CALENDAR YEAR 2002.— (1) IN GENERAL.—Heading 9902.32.67, as added by subsection (a) and amended by subsection (b), is further amended— (A) by striking ‘‘7.1%’’ and inserting ‘‘6.4%’’; and (B) by striking ‘‘On or before 12/31/2001’’ and inserting ‘‘On or before 12/31/2002’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2001. SEC. 1224. 4-(CYCLOPROPYL-}-HYDROXYMETHYLENE)-3,5-DIOXO-CYCLOHEXANECARBOXYLIC ACID ETHYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.93 4-(Cyclopropyl-α-hydroxymethylene)-3,5- Free No change No change On or before 12/31/2003 dioxo-cyclohexanecarboxylic acid, ethyl ester ’’. (CAS No. 95266–40–3) (provided for in sub- heading 2918.90.50) October 13, 2000 CONGRESSIONAL RECORD — SENATE S10569

SEC. 1225. 4’’-EPIMETHYLAMINO-4’’-DEOXYAVERMECTIN B1A AND B1B BENZOATES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.94 4’’-Epimethyl-amino-4’’-deoxyavermectin B1a Free No change No change On or before 12/31/2003 and B1b benzoates (CAS No. 137512–74–4, ’’. 155569–91–8, or 179607–18–2) (provided for in subheading 2938.90.00)

SEC. 1226. FORMULATIONS CONTAINING 2-[4-[(5-CHLORO-3-FLUORO-2-PYRIDINYL)OXY]-PHENOXY]-2-PROPYNYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.51 Propanoic acid, 2-[4-[(5-chloro-3-fluoro-2- 3% No change No change On or before 12/31/2003 pyridinyl)oxy]-phenoxy]-2-propynyl ester ’’. (CAS No. 105512–06–9) (provided for in sub- heading 3808.30.15)

SEC. 1227. MIXTURES OF 2-(2-CHLOROETHOXY)-N-[[4-METHOXY-6-METHYL-1,3,5-TRIAZIN-2-YL)-AMINO] CARBONYLBENZENESULFONAMIDE] AND 3,6- DICHLORO-2-METHOXYBENZOIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.21 Mixtures of 2-(2-chloroethoxy)-N-[[4-methoxy- Free No change No change On or before 12/31/2003 6-methyl-1,3,5-triazin-2- ’’. yl)amino]carbonylbenzene-sulfonamide] (CAS No. 82097–50–5) and 3,6-dichloro-2- methoxybenzoic acid (CAS No. 1918–00–9) with application adjuvants (provided for in sub- heading 3808.30.15)

SEC. 1228. (E,E)-}- (METHOXYIMINO)-2-[[[[1-[3-(TRIFLUOROMETHYL)PHENYL]- ETHYLIDENE] AMINO]OXY]METHYL] BENZENEACETIC ACID, METHYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.41 (E,E)-α-(Methoxyimino)-2-[[[[1-[3- Free No change No change On or before 12/31/2003 (trifluoromethyl)phenyl]- ethyl- ’’. idene]amino]oxy]- methyl]benzeneacetic acid, methyl ester (CAS No. 141517–21–7) (provided for in subheading 2929.90.20)

SEC. 1229. FORMULATIONS CONTAINING SULFUR. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.13 Mixtures of sulfur (80 percent by weight) and Free No change No change On or before 12/31/2003 application adjuvants (CAS No. 7704–34–9) ’’. (provided for in subheading 3808.20.50)

SEC. 1230. MIXTURES OF 3-(6-METHOXY-4-METHYL-1,3,5-TRIAZIN-2-YL)-1-[2-(2-CHLOROETHOXY)-PHENYLSULFONYL]-UREA. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.52 Mixtures of 3-(6-methoxy-4-methyl-1,3,5- Free No change No change On or before 12/31/2003 triazin-2-yl)-1-[2-(2-chloroethoxy)- ’’. phenylsulfonyl]-urea (CAS No. 82097–50–5) and application adjuvants (provided for in subheading 3808.30.15)

SEC. 1231. MIXTURES OF 4-CYCLOPROPYL-6-METHYL-N-PHENYL-2-PYRIMIDINAMINE-4-(2,2-DIFLUORO-1,3-BENZODIOXOL-4-YL)-1H-PYRROLE-3-CARBONITRILE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.53 Mixtures of 4-cyclopropyl-6-methyl-N-phenyl- Free No change No change On or before 12/31/2003 2-pyrimidinamine-4-(2,2-difluoro-1,3- ’’. benzodioxol-4-yl)-1H-pyrrole-3-carbonitrile (CAS No. 131341–86–1) and application adju- vants (provided for in subheading 3808.20.15)

SEC. 1232. (R)-2-[2,6-DIMETHYLPHENYL)-METHOXYACETYLAMINO]PROPIONIC ACID, METHYL ESTER AND (S)-2-[2,6-DIMETHYLPHENYL)- METHOXYACETYLAMINO]PROPIONIC ACID, METHYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.31 (R)-2-[2,6-Dimethylphenyl)- Free No change No change On or before 12/31/2003 methoxyacetylamino]propionic acid, methyl ’’. ester and (S)-2-[2,6-Dimethylphenyl)- methoxyacetylamino]propionic acid, methyl ester (CAS No. 69516–34–3) (both of the fore- going provided for in subheading 2924.29.47)

SEC. 1233. MIXTURES OF BENZOTHIADIAZOLE-7-CARBOTHIOIC ACID, S-METHYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.22 Mixtures of benzothiadiazole-7-carbothioic Free No change No change On or before 12/31/2003 acid, S-methyl ester (CAS No. 135158–54–2) ’’. and application adjuvants (provided for in subheading 3808.20.15)

SEC. 1234. BENZOTHIALDIAZOLE-7-CARBOTHIOIC ACID, S-METHYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.42 Benzothialdiazole-7-carbothioic acid, S-meth- Free No change No change On or before 12/31/2003 yl ester (CAS No. 135158–54–2) (provided for in ’’. subheading 2934.90.12)

SEC. 1235.O-(4-BROMO-2-CHLOROPHENYL)-O-ETHYL-S-PROPYL PHOSPHOROTHIOATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.30 O-(4-Bromo-2-chlorophenyl)-O-ethyl-S-propyl Free No change No change On or before 12/31/2003 phosphorothioate (CAS No. 41198–08–7) (pro- ’’. vided for in subheading 2930.90.10)

SEC. 1236. 1-[[2-(2,4-DICHLOROPHENYL)-4-PROPYL-1,3-DIOXOLAN-2-YL]-METHYL]-1H-1,2,4-TRIAZOLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: S10570 CONGRESSIONAL RECORD — SENATE October 13, 2000

‘‘ 9902.29.80 1-[[2-(2,4-Dichlorophenyl)-4-propyl-1,3- Free No change No change On or before 12/31/2003 dioxolan-2-yl]-methyl]-1H-1,2,4-triazole (CAS ’’. No. 60207–90–1) (provided for in subheading 2934.90.12)

SEC. 1237. TETRAHYDRO-3-METHYL-N-NITRO-5-[[2-PHENYLTHIO)-5-THIAZOLYL]-4H-1,3,5-OXADIAZIN-4-IMINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.76 Tetrahydro-3-methyl-N-nitro-5-[[2- 4.3% No change No change On or before 12/31/2003 phenylthio)-5-thiazolyl]-4-H-1,3,5-oxadiazin- ’’. 4-imine (CAS No. 192439–46–6) (provided for in subheading 2934.10.10)

SEC. 1238. 1-(4-METHOXY-6-METHYLTRIAZIN-2-YL)-3-[2-(3,3,3-TRIFLUOROPROPYL)-PHENYLSULFONYL]-UREA. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.28.40 1-(4-Methoxy-6-methyltriazin-2-yl)-3-[2-(3,3,3- Free No change No change On or before 12/31/2003 trifluoropropyl)-phenylsulfonyl]-urea (CAS ’’. No. 94125–34–5) (provided for in subheading 2935.00.75)

SEC. 1239. 4,5-DIHYDRO-6-METHYL-4-[(3-PYRIDINYLMETHYLENE)AMINO]-1,2,4-TRIAZIN-3(2H)-ONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.28.94 4,5-Dihydro-6-methyl-4-[(3- Free No change No change On or before 12/31/2003 pyridinylmethylene)amino]-1,2,4-triazin- ’’. 3(2H)-one (CAS No. 123312–89–0) (provided for in subheading 2933.69.60)

SEC. 1240. 4-(2,2-DIFLUORO-1,3-BENZODIOXOL-4-YL)-1H-PYRROLE-3-CARBONITRILE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.97 4-(2,2-Difluoro-1,3-benzodioxol-4-yl)-1H- Free No change No change On or before 12/31/2003 pyrrole-3-carbonitrile (CAS No. 131341–86–1) ’’. (provided for in subheading 2934.90.12)

SEC. 1241. MIXTURES OF 2-(((((4,6-DIMETHOXYPYRIMIDIN-2-YL)AMINO)-CARBONYL)SULFONYL)-N,N-DIMETHYL-3-PYRIDINECARBOXAMIDE AND APPLICATION ADJUVANTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.69 Mixtures of 2-(((((4,6-dimethoxypyrimidin-2- Free No change No change On or before 12/31/2003 yl)amino)-carbonyl)sulfonyl)-N,N-dimethyl-3- ’’. pyridinecarboxamide and application adju- vants (CAS No. 111991–09–4) (provided for in subheading 3808.30.15)

SEC. 1242. MONOCHROME GLASS ENVELOPES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.70.01 Monochrome glass envelopes (provided for in Free No change No change On or before 12/31/2003 subheading 7011.20.40) ’’.

SEC. 1243. CERAMIC COATER. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.84.00 Ceramic coater for laying down and drying Free No change No change On or before 12/31/2003 ceramic (provided for in subheading ’’. 8479.89.97)

SEC. 1244. PRO-JET BLACK 263 STAGE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.30.13 5-[4-(7-Amino-1-hydroxy-3-sulfonaphthalen-2- Free No change No change On or before 12/31/2003 ylazo)-2,5-bis(2-hydroxyethoxy)- ’’. phenylazo]isophthalic acid, lithium salt (pro- vided for in subheading 3204.14.30)

SEC. 1245. PRO-JET FAST BLACK 286 PASTE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.44 1,3-Benzenedicarboxylic acid, 5-[[4-[(7-amino- Free No change No change On or before 12/31/2003 1-hydroxy-3-sulfo-2-naphthalenyl)azo-6-sulfo- ’’. 1-naphthalenylazo]-, sodium salt (CAS No. 201932–24–3) (provided for in subheading 3204.14.30)

SEC. 1246. BROMINE-CONTAINING COMPOUNDS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings:

‘‘ 9902.28.08 2-Bromoethanesulfonic acid, sodium salt (CAS Free No change No change On or before 12/31/2003 No. 4263–52–9) (provided for in subheading 2904.90.50) 9902.28.09 4,4’-Dibromobiphenyl (CAS No. 92–86–4) (pro- Free No change No change On or before 12/31/2003 vided for in subheading 2903.69.70) 9902.28.10 4-Bromotoluene (CAS No. 106–38–7) (provided Free No change No change On or before 12/31/2003 for in subheading 2903.69.70) ’’.

SEC. 1247. PYRIDINEDICARBOXYLIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings:

‘‘ 9902.29.38 1,4-Dihydro-2,6-dimethyl-1,4-diphenyl-3,5- Free No change No change On or before 12/31/2003 pyridinedicarboxylic acid, dimethyl ester (CAS No. 83300–85–0) (provided for in sub- heading 2933.90.79) October 13, 2000 CONGRESSIONAL RECORD — SENATE S10571 9902.29.39 1-[2-[2-Chloro-3-[(1,3-dihydro-1,3,3-trimethyl- Free No change No change On or before 12/31/2003 2H-indol-2-ylidene)ethylidene]-1-cyclopenten- 1-yl]ethenyl]-1,3,3-trimethyl-3H-indolium salt with trifluoromethane- sulfonic acid (1:1) (CAS No. 128433–68–1) (provided for in sub- heading 2933.90.24) 9902.29.40 N-[4-[5-[4-(Dimethylamino)-phenyl]-1,5-di- Free No change No change On or before 12/31/2003 phenyl-2,4-pentadienylidene]-2,5- ’’. cyclohexadien-1-ylidene]-N- methylmethanaminium salt with trifluoromethane- sulfonic acid (1:1) (CAS No. 100237–71–6) (provided for in subheading 2921.49.45)

SEC. 1248. CERTAIN SEMICONDUCTOR MOLD COMPOUNDS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.07 Thermosetting epoxide molding compounds of 3.5% No change No change On or before 12/31/2003 a kind suitable for use in the manufacture of ’’. semiconductor devices, via transfer molding processes, containing 70 percent or more of silica, by weight, and having less than 75 parts per million of combined water-extract- able content of chloride, bromide, potassium and sodium (provided for in subheading 3907.30.00)

SEC. 1249. SOLVENT BLUE 67. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.53 Solvent blue 67 (CAS No. 81457–65–0) (pro- Free No change No change On or before 12/31/2003 vided for in subheading 3204.19.11) ’’.

SEC. 1250. PIGMENT BLUE 60. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.30.08 Pigment blue 60 (CAS No. 81–77–6) (provided Free No change No change On or before 12/31/2003 for in subheading 3204.17.90) ’’.

SEC. 1251. MENTHYL ANTHRANILATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.08.10 Menthyl anthranilate (CAS No. 134–09–08) Free No change No change On or before 12/31/2003 (provided for in subheading 2922.49.27) ’’.

SEC. 1252. 4-BROMO-2-FLUOROACETANILIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.28.15 4-Bromo-2-fluoroacetanilide (CAS No. 326–66– Free No change No change On or before 12/31/2003 9) (provided for in subheading 2924.21.50) ’’.

SEC. 1253. PROPIOPHENONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.28.16 Propiophenone (CAS No. 93–55–0) (provided Free No change No change On or before 12/31/2003 for in subheading 2914.39.90) ’’.

SEC. 1254. M-CHLOROBENZALDEHYDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.28.17 m-Chlorobenzaldehyde (CAS No. 587–04–2) Free No change No change On or before 12/31/2003 (provided for in subheading 2913.00.40) ’’.

SEC. 1255. CERAMIC KNIVES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.69.01 Knives having ceramic blades, such blades Free No change No change On or before 12/31/2003 containing over 90 percent zirconia by weight ’’. (provided for in subheading 6911.10.80 or 6912.00.48)

SEC. 1256. STAINLESS STEEL RAILCAR BODY SHELLS. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.86.07 Railway car body shells of stainless steel, the Free No change No change On or before 12/31/2003 foregoing which are designed for gallery type ’’. railway cars each having an aggregate capac- ity of 138 passengers on two enclosed levels (provided for in subheading 8607.99.10)

SEC. 1257. STAINLESS STEEL RAILCAR BODY SHELLS OF 148-PASSENGER CAPACITY. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.86.08 Railway car body shells of stainless steel, the Free No change No change On or before 12/31/2003 foregoing which are designed for use in gal- ’’. lery type cab control railway cars each hav- ing an aggregate capacity of 148 passengers on two enclosed levels (provided for in sub- heading 8607.99.10)

SEC. 1258. PENDIMETHALIN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: S10572 CONGRESSIONAL RECORD — SENATE October 13, 2000

‘‘ 9902.21.42 N-(Ethylpropyl)-3,4-dimethyl-2,6- 1.1% No change No change On or before 12/31/2003 dinitroaniline (Pendimethalin) (CAS No. ’’. 40487–42–1) (provided for in subheading 2921.49.50)

SEC. 1259. 3,5-DIBROMO-4-HYDOXYBENZONITRIL ESTER AND INERTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.04 Mixtures of octanoate and heptanoate esters Free No change No change On or before 12/31/2003 of bromoxynil (3,5-Dibromo-4- ’’. hydroxybenzonitrile) (CAS Nos. 1689–99–2 and 56634–95–8) with application adjuvants (pro- vided for in subheading 3808.30.15)

SEC. 1260. 3,5-DIBROMO-4-HYDOXYBENZONITRIL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.28.18 Bromoxynil (3,5-dibromo-4- 4.2% No change No change On or before 12/31/2003 hydroxybenzonitrile), octanoic acid ester ’’. (CAS No. 1689–99–2) (provided for in sub- heading 2926.90.25)

SEC. 1261. ISOXAFLUTOLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.79 4-(2-Methanesulfonyl-4- 1.0% No change No change On or before 12/31/2003 trifluoromethylbenzoyl)-5- ’’. cyclopropylisoxazole (CAS No. 141112–29–0) (provided for in subheading 2934.90.15)

SEC. 1262. CYCLANILIDE TECHNICAL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.64 1-(2,4-Dichlorophenylaminocarbonyl)- 5.7% No change No change On or before 12/31/2003 cyclopropanecarboxylic acid (CAS No. 113136– ’’. 77–9) (provided for in subheading 2924.29.47)

SEC. 1263. R115777. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.40 (R)-6-[Amino(4-chlorophenyl)(1-methyl-1H- Free No change No change On or before 12/31/2003 imidazol-5-yl)methyl]-4-(3- chlorophenyl)-1- ’’. methyl-2(1H)-quinoline (CAS No. 192185–72–1) (provided for in subheading 2933.40.26)

SEC. 1264. BONDING MACHINES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new superior heading and subheading:

‘‘ 9902.84.16 Bonding machines for use in the manufacture 1.7% No change No change On or before 12/31/2003 of digital versatile discs (DVDs) (provided for ’’. in subheading 8479.89.97)

SEC. 1265. GLYOXYLIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.13 Glyoxylic acid (CAS No. 298–12–4) (provided Free No change No change On or before 12/31/2003 for in subheading 2918.30.90) ’’.

SEC. 1266. FLUORIDE COMPOUNDS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings:

‘‘ 9902.28.20 Ammonium bifluoride (CAS No. 1341–49–7) Free No change No change On or before 12/31/2003 (provided for in subheading 2826.11.10) ’’.

SEC. 1267. COBALT BORON. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.80.05 Cobalt boron (provided for in subheading Free No change No change On or before 12/31/2003 8105.10.30) ’’.

SEC. 1268. CERTAIN STEAM OR OTHER VAPOR GENERATING BOILERS USED IN NUCLEAR FACILITIES. (a) IN GENERAL.—Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.84.02 Watertube boilers with a steam production ex- 4.9% No change No change On or before 12/31/2003 ceeding 45 t per hour, for use in nuclear fa- ’’. cilities (provided for in subheading 8402.11.00)

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to goods— (1) entered, or withdrawn from warehouse, for consumption, on or after the 15th day after the date of enactment of this Act; and (2) purchased pursuant to a binding contract entered into on or before the date of the enactment of this Act. SEC. 1269. FIPRONIL TECHNICAL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.98 5-Amino-1-(2,6-dichloro-4- 5.6% No change No change On or before 12/31/2003 (trifluoromethyl)phenyl)-4-((l,r,s)- ’’. (trifluromethylsulfinyl))-1H-pyrazole-3- carbonitrile (CAS No. 120068–37–3) (provided for in subheading 2933.19.23) October 13, 2000 CONGRESSIONAL RECORD — SENATE S10573 CHAPTER 2—EXISTING DUTY (A) by striking ‘‘7.6%’’ and inserting ‘‘Free’’; Entry number Date of entry SUSPENSIONS AND REDUCTIONS and 815–0908228–5 ...... June 25, 1989 (B) by striking the date in the effective period 707–0836829–8 ...... April 4, 1990 SEC. 1301. EXTENSION OF CERTAIN EXISTING 707–0836940–3 ...... April 12, 1990 DUTY SUSPENSIONS AND REDUC- column and inserting ‘‘12/31/2003’’. 707–0837161–5 ...... April 25,1990 TIONS. (4) DPX–E9260.— Heading 9902.33.63 (relating 707–0837231–6 ...... May 3, 1990 (a) EXISTING DUTY SUSPENSIONS.—Each of the to DPX–E9260) is amended— 707–0837497–3 ...... May 17, 1990 following headings is amended by striking out (A) by striking ‘‘5.3%’’ and inserting ‘‘Free’’; 707–0837498–1 ...... May 24, 1990 the date in the effective period column and in- and 707–0837612–7 ...... May 31, 1990 (B) by striking the date in the effective period 707–0837817–2 ...... June 13, 1990 serting ‘‘12/31/2003’’: 707–0837949–3 ...... June 19, 1990 (1) Heading 9902.32.12 (relating to DEMT). column and inserting ‘‘12/31/2003’’. 707–0838712–4 ...... August 7, 1990 (2) Heading 9902.39.07 (relating to a certain SEC. 1302. EFFECTIVE DATE. 707–0839000–3 ...... August 29, 1990 polymer). Except as otherwise provided in this chapter, 707–0839234–8 ...... September 15, 1990 (3) Heading 9902.29.07 (relating to 4- the amendments made by this chapter apply to 707–0839284–3 ...... September 12, 1990 hexylresorcinol). 707–0839595–2 ...... October 2, 1990 goods entered, or withdrawn from warehouse for 707–0840048–9 ...... November 1, 1990 (4) Heading 9902.29.37 (relating to certain sen- consumption, on or after January 1, 2001. 707–0840049–7 ...... November 1, 1990 sitizing dyes). Subtitle B—Other Tariff Provisions 707–0840176–8 ...... November 8, 1990 (5) Heading 9902.32.07 (relating to certain or- SEC. 1403. COPPER AND BRASS SHEET AND STRIP. ganic pigments and dyes). CHAPTER 1—LIQUIDATION OR (a) IN GENERAL.—Notwithstanding sections (6) Heading 9902.71.08 (relating to certain RELIQUIDATION OF CERTAIN ENTRIES 514 and 520 of the Tariff Act of 1930 (19 U.S.C. semi-manufactured forms of gold). SEC. 1401. CERTAIN TELEPHONE SYSTEMS. 1514 and 1520), or any other provision of law, (7) Heading 9902.33.59 (relating to DPX– (a) IN GENERAL.—Notwithstanding sections the United States Customs Service shall, not E6758). 514 and 520 of the Tariff Act of 1930 (19 U.S.C. later than 90 days after the date of the enact- (8) Heading 9902.33.60 (relating to 1514 and 1520), or any other provision of law, ment of this Act, liquidate or reliquidate those rimsulfuron). the United States Customs Service shall, not entries listed in subsection (c). (9) Heading 9902.70.03 (relating to rolled later than 90 days after the date of the enact- glass). (b) PAYMENT OF AMOUNTS OWED.—Any ment of this Act, liquidate or reliquidate those amounts owed by the United States pursuant to (10) Heading 9902.72.02 (relating to entries listed in subsection (c), in accordance ferroboron). the liquidation or reliquidation of an entry with the final decision of the Department of under subsection (a), with interest accrued from (11) Heading 9902.70.06 (relating to substrates Commerce of February 7, 1990 (case number of synthetic quartz or synthetic fused silica). the date of entry, shall be paid by the Customs A580–803–001). Service within 90 days after such liquidation or (12) Heading 9902.32.90 (relating to (b) PAYMENT OF AMOUNTS OWED.—Any reliquidation. diiodomethyl-p-tolylsulfone). amounts owed by the United States pursuant to (13) Heading 9902.32.92 (relating to β-bromo-β- (c) ENTRY LIST.—The entries referred to in the liquidation or reliquidation of an entry subsection (a) are the following: nitrostyrene). under subsection (a) shall be paid by the Cus- (14) Heading 9902.32.06 (relating to yttrium). toms Service within 90 days after such liquida- Date of (15) Heading 9902.32.55 (relating to methyl tion or reliquidation. thioglycolate). Entry number Date of entry liquida- (c) ENTRY LIST.—The entries referred to in tion (b) EXISTING DUTY REDUCTION.—Heading subsection (a) are the following: 9902.29.68 (relating to Ethylene/tetra- 110–1197671–6 ...... 10/18/86 ...... 7/6/92 fluoroethylene copolymer (ETFE)) is amended 110–1198090–8 ...... 12/19/86 ...... 1/23/87 Entry number Date of entry Port by striking out the date in the effective period 110–1271919–8 ...... 11/12/86 ...... 11/6/87 110–1272332–3 ...... 11/26/86 ...... 11/20/87 column and inserting ‘‘12/31/2003’’. E85–0001814–6 ..... 10/05/89 ...... Miami, FL 110–1955373–1 ...... 12/17/86 ...... 7/26/96 (c) OTHER MODIFICATIONS.— E85–0001844–3 ..... 10/30/89 ...... Miami, FL 110–1271914–9 ...... 11/12/86 ...... 11/6/87 E85–0002268–4 ..... 07/21/90 ...... Miami, FL (1) METHYL ESTERS.— 110–1279006–6 ...... 09/09/87 ...... 8/26/88 E85–0002510–9 ..... 12/15/90 ...... Miami, FL (A) CALENDAR YEAR 2001.— 110–1279699–8 ...... 10/06/87 ...... 11/6/87 E85–0002511–7 ..... 12/15/90 ...... Miami, FL (i) IN GENERAL.—Heading 9902.38.24 (relating 110–1280399–2 ...... 11/03/87 ...... 12/11/87 E85–0002509–1 ..... 12/15/90 ...... Miami, FL to methyl esters) is amended— 110–1280557–5 ...... 11/11/87 ...... 12/28/87 E85–0002527–3 ..... 12/12/90 ...... Miami, FL (I) by striking ‘‘Free’’ and inserting ‘‘1.6%’’; 110–1280780–3 ...... 11/24/87 ...... 01/29/88 E85–0002550–0 ..... 12/20/90 ...... Miami, FL 110–1281399–1 ...... 12/16/87 ...... 2/12/88 and 102–0121558–8 ..... 12/11/91 ...... Miami, FL 110–1282632–4 ...... 02/17/88 ...... 3/18/88 (II) by striking ‘‘12/31/2000’’ and inserting ‘‘12/ E85–0002654–5 ..... 04/08/91 ...... Miami, FL 110–1286027–3 ...... 02/26/88 ...... 2/17/89 31/2001’’. E85–0002703–0 ..... 05/01/91 ...... Miami, FL 110–1286056–2 ...... 02/23/88 ...... 2/12/89 (ii) EFFECTIVE DATE.—The amendments made E85–0002778–2 ..... 06/05/91 ...... Miami, FL 719–0736650–5 ...... 07/27/87 ...... 3/13/92 E85–0002909–3 ..... 08/05/91 ...... Miami, FL by clause (i) shall take effect on January 1, 110–1285877–2 ...... 09/08/88 ...... 06/02/89 E85–0002913–5 ..... 08/02/91 ...... Miami, FL 2001. 110–1285885–5 ...... 09/08/88 ...... 06/02/89 102–0120990–4 ..... 10/18/91 ...... Miami, FL (B) CALENDAR YEAR 2002.— 110–1285959–8 ...... 09/13/88 ...... 06/02/89 102–0120668–6 ..... 09/03/91 ...... Miami, FL (i) IN GENERAL.—Heading 9902.38.24, as 110–1286057–0 ...... 03/01/88 ...... 04/01/88 102–0517007–8 ..... 11/20/91 ...... Miami, FL 110–1286061–2 ...... 03/02/88 ...... 02/24/89 amended by subparagraph (A), is amended— 102–0122145–3 ..... 03/05/91 ...... Miami, FL 110–1286120–6 ...... 03/13/88 ...... 03/03/89 (I) by striking ‘‘1.6%’’ and inserting ‘‘1.8%’’; 102–0121173–6 ...... Miami, FL 110–1286122–2 ...... 03/13/88 ...... 03/03/89 and 102–0121559–6 ...... Miami, FL 110–1286123–0 ...... 03/13/88 ...... 03/03/89 (II) by striking ‘‘12/31/2001’’ and inserting ‘‘12/ E85–0002636–2 ...... Miami, FL 31/2002’’. 110–1286124–8 ...... 03/13/88 ...... 03/03/89 SEC. 1402. COLOR TELEVISION RECEIVER EN- 110–1286133–9 ...... 03/20/88 ...... 04/15/88 (ii) EFFECTIVE DATE.—The amendments made TRIES. 110–1286134–7 ...... 03/20/88 ...... 04/15/88 by clause (i) shall take effect on January 1, (a) IN GENERAL.—Notwithstanding sections 110–1286151–1 ...... 03/15/88 ...... 09/15/89 2002. 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 110–1286194–1 ...... 03/22/88 ...... 08/24/90 (C) CALENDAR YEAR 2003.— 110–1286262–6 ...... 04/04/88 ...... 06/09/89 1514 and 1520), or any other provision of law, (i) IN GENERAL.—Heading 9902.38.24, as 110–1286264–2 ...... 03/30/88 ...... 06/09/89 the United States Customs Service shall, not amended by subparagraph (B), is amended— 110–1286293–1 ...... 04/09/88 ...... 06/02/89 later than 90 days after the date of the enact- (I) by striking ‘‘1.8%’’ and inserting ‘‘1.9%’’; 110–1286294–9 ...... 04/09/88 ...... 06/02/89 ment of this Act, liquidate or reliquidate those and 110–1286330–1 ...... 04/13/88 ...... 06/02/89 110–1286332–7 ...... 04/13/88 ...... 06/02/89 (II) by striking ‘‘12/31/2002’’ and inserting ‘‘12/ entries listed in subsection (c) in accordance with the final results of the administrative re- 110–1286376–4 ...... 04/20/88 ...... 06/02/89 31/2003’’. 110–1286398–8 ...... 04/29/88 ...... 06/02/89 (ii) EFFECTIVE DATE.—The amendments made views, covering the periods from April 1, 1989, through March 31, 1990, and from April 1, 1990, 110–1286399–6 ...... 04/29/88 ...... 06/02/89 by clause (i) shall take effect on January 1, 110–1286418–4 ...... 05/06/88 ...... 06/02/89 2003. through March 31, 1991, undertaken by the 110–1286419–2 ...... 05/06/88 ...... 06/02/89 (2) CERTAIN MANUFACTURING EQUIPMENT.— International Trade Administration of the De- 110–1286465–5 ...... 05/13/88 ...... 06/02/89 Headings 9902.84.83, 9902.84.85, 9902.84.87, partment of Commerce for such entries (case 110–1286467–1 ...... 05/13/88 ...... 06/02/89 9902.84.89, and 9902.84.91 (relating to certain number A–583–009). 110–1286488–7 ...... 05/20/88 ...... 07/01/88 (b) PAYMENT OF AMOUNTS OWED.—Any 110–1286489–5 ...... 05/20/88 ...... 07/01/88 manufacturing equipment) are each amended— 110–1286490–3 ...... 05/20/88 ...... 07/01/88 (A) by striking ‘‘4011.91.50’’ each place it ap- amounts owed by the United States pursuant to the liquidation or reliquidation of an entry 110–1286567–8 ...... 05/27/88 ...... 06/02/89 pears and inserting ‘‘4011.91’’; 110–1286578–5 ...... 06/03/88 ...... 06/02/89 (B) by striking ‘‘4011.99.40’’ each place it ap- under subsection (a), with interest provided for 110–1286579–3 ...... 06/03/88 ...... 06/02/89 pears and inserting ‘‘4011.99’’; by law on the liquidation or reliquidation of en- 110–1286638–7 ...... 06/10/88 ...... 06/02/89 (C) by striking ‘‘86 cm’’ each place it appears tries, shall be paid by the Customs Service with- 110–1286683–3 ...... 06/17/88 ...... 06/02/89 and inserting ‘‘63.5 cm’’; and in 90 days after such liquidation or reliquida- 110–1286685–8 ...... 06/17/88 ...... 06/02/89 (D) by striking ‘‘Free’’ in the column 1 general tion. 110–1286703–9 ...... 06/24/88 ...... 07/29/88 110–1286725–2 ...... 06/24/88 ...... 06/02/89 rate of duty and inserting ‘‘1.5%.’’. (c) ENTRY LIST.—The entries referred to in subsection (a) are the following: 110–1286740–1 ...... 07/01/88 ...... 06/02/89 (3) CARBAMIC ACID (U-9069).— Heading 110–1286824–3 ...... 07/08/88 ...... 06/02/89 9902.33.61 (relating to carbamic acid (U–9069)) is Entry number Date of entry 110–1286863–1 ...... 07/20/88 ...... 06/02/89 amended— 509–0210046–5 ...... August 18, 1989 110–1286910–0 ...... 07/24/88 ...... 06/02/89 S10574 CONGRESSIONAL RECORD — SENATE October 13, 2000

Date of Date of trative reviews, covering the periods from No- Entry number Date of entry liquida- Entry number Date of entry liquida- vember 9, 1988, through April 30, 1990, from May tion tion 1, 1990, through April 30, 1991, and from May 1, 110–1286913–4 ...... 07/29/88 ...... 06/02/89 110–1139481–1 ...... 01/05/90 ...... 2/19/93 1991, through April 30, 1992, conducted by the 110–1286942–3 ...... 07/26/88 ...... 09/09/88 110–1140423–0 ...... 02/17/90 ...... 2/19/93 International Trade Administration of the De- 110–1286990–2 ...... 08/02/88 ...... 06/02/89 110–1140641–7 ...... 03/08/90 ...... 2/19/93 partment of Commerce for such entries (Case No. 110–1287007–4 ...... 08/05/88 ...... 06/02/89 110–1141086–4 ...... 04/01/90 ...... 2/19/93 A–427–801). 110–1287058–7 ...... 08/09/88 ...... 06/02/89 110–1142313–1 ...... 06/06/90 ...... 2/19/93 (b) PAYMENT OF AMOUNTS OWED.—Any 110–1287195–7 ...... 09/22/88 ...... 06/02/89 110–1142728–0 ...... 06/30/90 ...... 2/19/93 amounts owed by the United States pursuant to 110–1287376–3 ...... 09/29/88 ...... 06/02/89 110–1232095–5 ...... 08/06/89 ...... 12/01/89 110–1287377–1 ...... 09/29/88 ...... 06/02/89 110–1232136–7 ...... 09/02/89 ...... 12/29/89 the liquidation or reliquidation of an entry 110–1287378–9 ...... 09/29/88 ...... 06/02/89 110–1293737–8 ...... 08/29/89 ...... 8/21/92 under subsection (a) shall be paid by the Cus- 110–1287573–5 ...... 10/06/88 ...... 06/02/89 110–1293738–6 ...... 08/31/89 ...... 8/21/92 toms Service within 90 days after such liquida- 110–1287581–8 ...... 10/06/88 ...... 06/02/89 110–1293859–0 ...... 09/07/89 ...... 8/21/92 tion or reliquidation. 110–1287756–6 ...... 10/11/88 ...... 06/29/90 110–1293861–6 ...... 09/06/89 ...... 8/21/92 (c) ENTRY LIST.—The entries referred to in 110–1287762–4 ...... 10/11/88 ...... 06/02/89 110–1294009–1 ...... 09/14/89 ...... 8/21/92 subsection (a) are the following: 110–1287780–6 ...... 10/14/88 ...... 06/02/89 110–1294111–5 ...... 09/19/89 ...... 8/21/92 110–1287783–0 ...... 10/14/88 ...... 06/02/89 110–1294328–5 ...... 10/05/89 ...... 8/21/92 Entry Number Entry Date 110–1287906–7 ...... 10/18/88 ...... 06/02/89 110–1294685–8 ...... 10/24/89 ...... 8/21/92 (1001)016–0112010–6 ..... May 26, 1989 110–1288061–0 ...... 10/25/88 ...... 06/02/89 110–1294686–6 ...... 10/24/89 ...... 8/21/92 (4601)016–0112028–8 ..... June 28, 1989 110–1288086–7 ...... 10/27/88 ...... 06/02/89 110–1294798–9 ...... 10/31/89 ...... 8/21/92 (4601)016–0112126–0 ..... December 5, 1989 110–1288229–3 ...... 11/03/88 ...... 06/02/89 110–1295026–4 ...... 11/09/89 ...... 8/21/92 (4601)016–0112132–8 ..... December 18, 1989 110–1288370–5 ...... 11/08/88 ...... 06/29/90 110–1295087–6 ...... 11/14/89 ...... 3/16/90 (4601)016–0112164–1 ..... February 5, 1990 110–1288408–3 ...... 11/10/88 ...... 06/29/90 110–1295088–4 ...... 11/16/89 ...... 8/21/92 (4601)016–0112229–2 ..... April 12, 1990 110–1288688–0 ...... 11/24/88 ...... 06/02/89 110–1295089–2 ...... 11/16/89 ...... 8/21/92 (4601)016–0112211–0 ..... March 21, 1990. 110–1288692–2 ...... 11/24/88 ...... 06/02/89 110–1295245–0 ...... 11/21/89 ...... 8/21/92 110–1288847–2 ...... 11/29/88 ...... 06/29/90 110–1295493–6 ...... 12/05/89 ...... 8/21/92 SEC. 1405. OTHER ANTIFRICTION BEARINGS. 110–1289041–1 ...... 12/07/88 ...... 06/02/89 110–1295497–7 ...... 12/05/89 ...... 8/21/92 (a) LIQUIDATION OR RELIQUIDATION OF EN- 110–1289248–2 ...... 12/22/88 ...... 06/02/89 110–1295898–6 ...... 12/28/89 ...... 8/21/92 TRIES.—Notwithstanding sections 514 and 520 of 110–1289250–8 ...... 12/21/88 ...... 06/02/89 110–1295903–4 ...... 12/28/89 ...... 8/21/92 the Tariff Act of 1930 (19 U.S.C. 1514 and 1520) 110–1289260–7 ...... 12/22/88 ...... 06/02/89 110–1296025–5 ...... 01/04/90 ...... 8/21/92 or any other provision of law, the United States 110–1289376–1 ...... 12/29/88 ...... 06/02/89 110–1296161–8 ...... 01/11/90 ...... 8/21/92 Customs Service shall, not later than 90 days 110–1289588–1 ...... 01/15/89 ...... 06/02/89 11011443535 ...... 09/25/90 ...... 12/18/92 110–0935207–8 ...... 01/05/90 ...... 03/13/92 11011448211 ...... 10/25/90 ...... 12/18/92 after the date of the enactment of this Act, liq- 110–1294738–5 ...... 10/31/89 ...... 03/20/90 11001688032 ...... 04/12/88 ...... 06/03/88 uidate or reliquidate those entries made at var- 110–1204990–1 ...... 06/08/89 ...... 09/29/89 11001691390 ...... 06/01/88 ...... 06/02/88 ious ports, which are listed in subsection (c), in 11036694146 ...... 01/17/91 ...... 12/18/92 11009971950 ...... 03/07/88 ...... 03/03/89 accordance with the final results of the adminis- 11036706841 ...... 03/06/91 ...... 2/19/93 11009972545 ...... 04/06/88 ...... 04/21/89 trative reviews, covering the periods from No- 11036725270 ...... 05/24/91 ...... 2/19/93 11012860745 ...... 03/04/88 ...... 04/08/88 vember 9, 1988, through April 30, 1990, from May 110–1231352–1 ...... 07/24/88 ...... 08/26/88 11012861024 ...... 03/08/88 ...... 04/08/88 1, 1990, through April 30, 1991, and from May 1, 110–1231359–6 ...... 07/31/88 ...... 09/09/88 11012862071 ...... 03/24/88 ...... 04/29/88 110–1286029–9 ...... 02/25/88 ...... 03/25/88 11012862139 ...... 03/22/88 ...... 04/22/88 1991, through April 30, 1992, conducted by the 110–1286078–6 ...... 03/04/88 ...... 04/08/88 11012869316 ...... 07/28/88 ...... 06/29/90 International Trade Administration of the De- 110–1286079–4 ...... 03/04/88 ...... 06/29/90 11018048717 ...... 04/25/88 ...... 05/31/88 partment of Commerce for such entries (Case No. 110–1286107–3 ...... 03/10/88 ...... 04/08/88 11018051323 ...... 06/08/88 ...... 07/08/88 A–427–801). 110–1286153–7 ...... 03/11/88 ...... 04/15/88 11018054467 ...... 07/27/88 ...... 07/27/88 (b) PAYMENT OF AMOUNTS OWED.—Any 110–1286154–5 ...... 03/17/88 ...... 04/22/88 11018055324 ...... 08/10/88 ...... 08/20/88 amounts owed by the United States pursuant to 110–1286155–2 ...... 03/31/88 ...... 04/22/88 11009976470 ...... 08/29/88 ...... 09/01/89 the liquidation or reliquidation of an entry 110–1286203–0 ...... 03/24/88 ...... 06/29/90 11017086056 ...... 10/26/88 ...... 12/02/88 110–1286218–8 ...... 03/18/88 ...... 04/22/88 11018057726 ...... 09/14/88 ...... 11/04/88 under subsection (a) shall be paid by the Cus- 110–1286241–0 ...... 03/31/88 ...... 03/24/89 11018061991 ...... 11/09/88 ...... 12/30/88 toms Service within 90 days after such liquida- 110–1286272–5 ...... 03/31/88 ...... 08/03/90 11011366611 ...... 07/13/89 ...... 03/05/93 tion or reliquidation. 110–1286278–2 ...... 04/04/88 ...... 08/03/90 11012044811 ...... 03/18/89 ...... 04/23/93 (c) ENTRY LIST.—The entries referred to in 110–1286362–4 ...... 04/21/88 ...... 06/29/90 11012053952 ...... 07/27/89 ...... 06/12/92 subsection (a) are the following: 110–1286447–3 ...... 05/06/88 ...... 06/29/90 11012906159 ...... 03/09/89 ...... 06/29/90 110–1286448–1 ...... 05/06/88 ...... 06/29/90 11012908841 ...... 03/21/89 ...... 06/29/90 Entry Number Entry Date 110–1286472–1 ...... 05/11/88 ...... 06/29/90 11012910227 ...... 03/28/89 ...... 06/29/90 (4601)016–0112223–5 ..... April 4, 1990 110–1286664–3 ...... 06/16/88 ...... 06/29/90 11012911407 ...... 04/06/89 ...... 07/21/89 (4601)710–0225218–8 ..... August 24, 1990 110–1286666–8 ...... 06/16/88 ...... 07/13/90 11012911415 ...... 04/06/89 ...... 06/29/90 (4601)710–0225239–4 ..... September 5, 1990 110–1286889–6 ...... 07/22/88 ...... 08/03/90 11012911423 ...... 04/06/89 ...... 06/29/90 (4601)710–0226079–3 ..... May 21, 1991 110–1286982–9 ...... 08/04/88 ...... 06/29/90 11012916240 ...... 05/04/89 ...... 06/29/90 (1704)J50–0016544–7 ..... January 31, 1991 110–1287022–3 ...... 08/11/88 ...... 06/29/90 11012922586 ...... 06/06/89 ...... 06/29/90 (4601)016–0112237–5 ..... April 19, 1990 110–1804941–8 ...... 05/04/88 ...... 07/29/94 11012923964 ...... 06/15/89 ...... 06/29/90 (4601)710–0226033–0 ..... May 7, 1991 037–0022571–1 ...... 01/05/89 ...... 02/17/89 11012928534 ...... 07/11/89 ...... 06/29/90 (4601)710–0226078–5 ..... May 15, 1991 110–1135050–8 ...... 04/01/89 ...... 02/19/93 11012929771 ...... 07/19/89 ...... 06/29/90 110–1135292–6 ...... 04/23/89 ...... 02/19/93 11010060926 ...... 12/05/89 ...... 12/14/90 (4601)710–0225181–8 ..... August 24, 1990 110–1135479–9 ...... 05/04/89 ...... 12/28/92 11012137037 ...... 10/02/90 ...... 06/12/92 (4601)710–0225381–4 ..... October 3, 1990. 110–1136014–3 ...... 06/01/89 ...... 02/19/93 11012941107 ...... 09/19/89 ...... 08/21/92 SEC. 1406. PRINTING CARTRIDGES. 110–1136111–7 ...... 06/09/89 ...... 02/19/93 11012942238 ...... 09/28/89 ...... 08/21/92 (a) IN GENERAL.—Notwithstanding section 514 110–1136287–5 ...... 06/15/89 ...... 12/28/92 11012943319 ...... 10/05/89 ...... 08/21/92 of the Tariff Act of 1930 (19 U.S.C. 1514) or any 110–1136678–5 ...... 07/14/88 ...... 02/19/93 11012944374 ...... 10/13/89 ...... 03/02/90 other provision of law and subject to the provi- 110–1136815–3 ...... 07/17/89 ...... 12/28/92 11012944390 ...... 10/12/89 ...... 08/21/92 110–1137008–4 ...... 07/17/89 ...... 02/19/93 11012944408 ...... 10/13/89 ...... 08/21/92 sions of subsection (b), the United States Cus- 110–1137010–0 ...... 07/28/89 ...... 02/19/93 11012946932 ...... 10/26/89 ...... 08/21/92 toms Service shall, not later than 180 days after 110–1231614–4 ...... 12/06/88 ...... 02/17/89 11012950918 ...... 11/17/89 ...... 11/09/90 the receipt of the request described in subsection 110–1231630–0 ...... 12/13/88 ...... 02/17/89 11012952351 ...... 11/21/89 ...... 08/21/92 (b), liquidate or reliquidate each entry described 110–1231666–4 ...... 12/30/88 ...... 02/17/89 11012953821 ...... 11/29/89 ...... 08/21/92 in subsection (d) containing any merchandise 110–1231694–6 ...... 01/16/89 ...... 03/24/89 11012954621 ...... 12/07/89 ...... 08/21/92 which, at the time of the original liquidation, 110–1231708–4 ...... 01/30/89 ...... 03/24/89 11012954803 ...... 12/07/89 ...... 08/21/92 was classified under subheading 8517.90.08 of 110–1231767–0 ...... 03/12/89 ...... 07/14/89 11010103270 ...... 01/23/90 ...... 05/11/90 110–1232086–4 ...... 07/27/89 ...... 12/01/89 11011425391 ...... 06/16/90 ...... 02/19/93 the Harmonized Tariff Schedule of the United 110–1287256–7 ...... 09/20/88 ...... 09/08/89 11015255588 ...... 07/03/90 ...... 11/02/90 States (relating to parts of facsimile machines) 110–1287285–6 ...... 09/22/88 ...... 09/15/89 11018670254 ...... 01/11/90 ...... 01/22/90 at the rate of duty that would have been appli- 110–1287442–3 ...... 09/29/88 ...... 06/29/90 11018671211 ...... 01/11/90 ...... 01/30/90 cable to such merchandise if the merchandise 110–1287491–0 ...... 09/27/88 ...... 06/29/90 11018113123 ...... 06/06/90 ...... had been liquidated or reliquidated under sub- 110–1287631–1 ...... 09/29/88 ...... 06/29/90 11010113105 ...... 09/06/90 ...... 01/04/91 heading 8473.30.50 of the Harmonized Tariff 110–1287693–1 ...... 10/06/88 ...... 06/29/90 11018133634 ...... 12/05/90 ...... 110–1288491–9 ...... 11/10/88 ...... 06/29/90 Schedule of the United States (relating to parts 110–1288492–7 ...... 11/10/88 ...... 06/29/90 SEC. 1404. ANTIFRICTION BEARINGS. and accessories of machines classified under 110–1288937–1 ...... 12/08/88 ...... 06/29/90 (a) LIQUIDATION OR RELIQUIDATION OF EN- heading 8471 of such Schedule). 110–1710118–6 ...... 01/27/89 ...... 01/13/89 TRIES.—Notwithstanding sections 514 and 520 of (b) REQUESTS.—Reliquidation may be made 110–1137082–9 ...... 09/03/89 ...... 2/19/93 the Tariff Act of 1930 (19 U.S.C. 1514 and 1520) under subsection (a) with respect to an entry 110–1138058–8 ...... 10/11/89 ...... 2/19/93 or any other provision of law, the United States described in subsection (d) only if a request 110–1138059–6 ...... 09/28/89 ...... 2/19/93 Customs Service shall, not later than 90 days therefor is filed with the Customs Service within 110–1138691–6 ...... 11/02/89 ...... 2/19/93 110–1138698–1 ...... 11/02/89 ...... 2/19/93 after the date of the enactment of this Act, liq- 90 days after the date of enactment of this Act 110–1139217–9 ...... 12/09/89 ...... 2/19/93 uidate or reliquidate those entries made at var- and the request contains sufficient information 110–1139218–7 ...... 12/09/89 ...... 12/21/89 ious ports, which are listed in subsection (c), in to enable the Customs Service to locate the entry 110–1139219–5 ...... 12/02/89 ...... 2/19/93 accordance with the final results of the adminis- or reconstruct the entry if it cannot be located. October 13, 2000 CONGRESSIONAL RECORD — SENATE S10575

(c) PAYMENT OF AMOUNTS OWED.—Any 0354204–4 ...... July 18, 1996 614–2726465–2 ...... 05/06/91 amounts owed by the United States pursuant to 0353162–5 ...... June 25, 1996 614–2726863–8 ...... 06/05/91 the liquidation or reliquidation of an entry 0351633–7 ...... May 14, 1996 614–2727011–3 ...... 06/13/91 under subsection (a) shall be paid not later than 0351558–6 ...... May 7, 1996 614–2727277–0 ...... 07/03/91 180 days after the date of such liquidation or re- 0351267–4 ...... April 27, 1996 614–2727724–1 ...... 07/30/91 liquidation. 0350615–5 ...... April 12, 1996 112–4021152–1 ...... 11/13/91 (d) AFFECTED ENTRIES.—The entries referred 0349995–5 ...... March 25, 1996 112–4021203–2 ...... 11/13/91 to in subsection (a), filed at the port of Los An- 0349485–7 ...... March 11, 1996 112–4021204–0 ...... 11/13/91 geles, are as follows: 0349243–0 ...... February 27, 1996 614–0081685–8 ...... 12/19/91 0348597–6 ...... February 17, 1996 614–0081763–3 ...... 12/30/91 Date of 0347203–6 ...... January 2, 1996 614–0082193–2 ...... 01/23/92 Date of entry Entry number liquida- 0347759–7 ...... January 17, 1996 614–0082201–3 ...... 01/23/92 tion 0346113–8 ...... December 12, 1995 614–0082553–7 ...... 02/12/92 01/29/97 ...... 112–9640193–6 ...... 05/23/97 0346119–5 ...... November 29, 1995 614–0082572–7 ...... 02/18/92 01/30/97 ...... 112–9640390–8 ...... 05/16/97 0345065–1 ...... October 31, 1995 614–0082785–5 ...... 02/25/92 02/01/97 ...... 112–9640130–8 ...... 05/16/97 0345066–9 ...... October 31, 1995 614–0082831–7 ...... 03/02/92 02/21/97 ...... 112–9642191–8 ...... 06/06/97 0343859–9 ...... October 3, 1995 614–0083084–2 ...... 03/10/92 02/18/97 ...... 112–9642236–1 ...... 06/06/97 0343860–7 ...... October 3, 1995 614–0083228–5 ...... 03/18/92 02/24/97 ...... 112–9642831–9 ...... 06/06/97 0342557–0 ...... August 30, 1995 614–0083267–3 ...... 03/19/92 02/28/97 ...... 112–9643311–1 ...... 06/13/97 614–0083270–7 ...... 03/19/92 03/07/97 ...... 112–9644155–1 ...... 06/20/97 0342558–8 ...... August 30, 1995 03/14/97 ...... 112–9645020–6 ...... 06/27/97 0341557–1 ...... July 31, 1995 614–0083284–8 ...... 03/19/92 03/18/97 ...... 112–9645367–1 ...... 07/07/97 0341558–9 ...... July 31, 1995 614–0083370–5 ...... 03/24/92 03/20/97 ...... 112–9646067–6 ...... 07/11/97 0340382–5 ...... July 6, 1995 614–0083371–3 ...... 03/24/92 03/20/97 ...... 112–9646027–0 ...... 07/11/97 0340838–6 ...... June 28, 1995 614–0083372–1 ...... 03/24/92 03/24/97 ...... 112–9646463–7 ...... 07/11/97 0339139–2 ...... June 7, 1995 614–0083395–2 ...... 03/24/92 03/26/97 ...... 112–9646461–1 ...... 07/11/97 0339144–2 ...... May 31, 1995 614–0083422–4 ...... 03/26/92 03/24/97 ...... 112–9646390–2 ...... 07/11/97 0337866–2 ...... April 26, 1995 614–0083426–5 ...... 03/26/92 03/31/97 ...... 112–9647021–2 ...... 07/18/97 614–0083444–8 ...... 03/26/92 04/04/97 ...... 112–9647329–9 ...... 07/18/97 0337667–4 ...... April 26, 1995 04/07/97 ...... 112–9647935–3 ...... 02/20/98 0347103–8 ...... April 12, 1995 614–0083468–7 ...... 03/26/92 04/11/97 ...... 112–9300307–3 ...... 02/20/98 0336953–9 ...... March 29, 1995 614–0083517–1 ...... 03/30/92 04/11/97 ...... 112–9300157–2 ...... 02/20/98 0336954–7 ...... March 29, 1995 614–0083518–9 ...... 03/30/92 04/24/97 ...... 112–9301788–3 ...... 03/06/98 0335799–7 ...... March 1, 1995 614–0083519–7 ...... 03/30/92 04/25/97 ...... 112–9302061–4 ...... 03/06/98 0335800–3 ...... March 1, 1995 614–0083574–2 ...... 04/02/92 04/28/97 ...... 112–9302268–5 ...... 03/13/98 614–0083626–0 ...... 04/07/92 04/25/97 ...... 112–9302328–7 ...... 03/13/98 0335445–7 ...... February 14, 1995 0335020–8 ...... February 9, 1995 614–0083641–9 ...... 04/08/92 04/25/97 ...... 112–9302453–3 ...... 03/13/98 614–0083655–9 ...... 04/08/92 04/25/97 ...... 112–9302438–4 ...... 03/13/98 0335019–0 ...... February 1, 1995 614–0083782–1 ...... 04/13/92 04/25/97 ...... 112–9302388–1 ...... 03/13/98 SEC. 1408. CERTAIN ENTRIES OF TOMATO SAUCE 05/30/97 ...... 112–9306611–2 ...... 10/31/97 PREPARATION. 614–0083812–6 ...... 04/14/92 05/02/97 ...... 112–9302488–9 ...... 03/13/98 614–0083862–1 ...... 04/20/92 (a) IN GENERAL.—Notwithstanding section 514 05/09/97 ...... 112–9303720–4 ...... 03/20/98 614–0083880–3 ...... 04/20/92 of the Tariff Act of 1930 (19 U.S.C. 1514) or any 05/06/97 ...... 112–9303761–8 ...... 03/20/98 614–0083940–5 ...... 04/22/92 other provision of law and subject to the provi- 05/14/97 ...... 112–9304827–6 ...... 03/27/98 614–0083967–8 ...... 04/22/92 sions of subsection (b), the United States Cus- 05/16/97 ...... 112–9304932–4 ...... 03/27/98 614–0084008–0 ...... 04/28/92 01/02/97 ...... 112–9636637–8 ...... 04/18/97 toms Service shall, not later than 180 days after 614–0084052–8 ...... 04/28/92 01/10/97 ...... 112–9637688–0 ...... 04/25/97 the receipt of the request described in subsection 614–0084076–7 ...... 04/29/92 01/06/97 ...... 112–9637316–8 ...... 04/18/97 (b), liquidate or reliquidate each entry described 614–0084128–6 ...... 04/30/92 01/31/97 ...... 112–9640064–9 ...... 05/16/97 in subsection (d) containing any merchandise 01/28/97 ...... 112–9639734–0 ...... 05/09/97 614–0084127–8 ...... 05/04/92 01/25/97 ...... 112–9639410–7 ...... 05/09/97 which, at the time of the original liquidation, 614–0084163–3 ...... 05/05/92 01/24/97 ...... 112–9639109–5 ...... 05/09/97 was classified under subheading 2002.10.00 of 614–0084181–5 ...... 05/06/92 04/04/97 ...... 112–9647321–6 ...... 07/18/97 the Harmonized Tariff Schedule of the United 614–0084182–3 ...... 05/06/92 States (relating to tomatoes, prepared or pre- SEC. 1407. LIQUIDATION OR RELIQUIDATION OF 614–0084498–3 ...... 05/19/92 CERTAIN ENTRIES OF N,N- served) at the rate of duty that would have been 614–0084620–2 ...... 05/26/92 DICYCLOHEXYL-2- applicable to such merchandise if the merchan- 614–0084724–2 ...... 06/02/92 BENZOTHIAZOLESULFENAMIDE. dise had been liquidated or reliquidated under 614–0084725–9 ...... 06/02/92 (a) IN GENERAL.—Notwithstanding section 514 subheading 2103.90.60 of the Harmonized Tariff 614–0084981–8 ...... 06/14/92 of the Tariff Act of 1930 (19 U.S.C. 1514), or any Schedule of the United States (relating to to- 614–0084982–6 ...... 06/14/92 other provision of law, the Customs Service mato sauce preparation) on the date of entry. 614–0084983–4 ...... 06/14/92 shall— (b) REQUESTS.—Reliquidation may be made 614–0086456–9 ...... 08/11/92 (1) not later than 90 days after receiving a re- under subsection (a) with respect to an entry 614–0086707–5 ...... 08/21/92 quest described in subsection (b), liquidate or re- described in subsection (d) only if a request 614–0086807–3 ...... 08/28/92 liquidate as free from duty the entries listed in therefor is filed with the Customs Service within 614–0086808–1 ...... 08/28/92 subsection (c); and 90 days after the date of the enactment of this 614–0088148–0 ...... 11/05/92 (2) within 90 days after such liquidation or re- Act and the request contains sufficient informa- 614–0088687–7 ...... 11/24/92 liquidation, refund any duties paid with respect tion to enable the Customs Service to locate the 614–0091241–8 ...... 03/30/93 to such entries, including interest from the date entry or reconstruct the entry if it cannot be lo- 614–0091756–5 ...... 04/22/93 of entry. cated. 614–0091803–5 ...... 04/26/93 (b) REQUESTS.—Reliquidation may be made (c) PAYMENT OF AMOUNTS OWED.—Any 614–0096840–2 ...... 12/06/93 under subsection (a) with respect to an entry amounts owed by the United States pursuant to 614–0095883–3 ...... 10/22/93 described in subsection (c) only if a request the liquidation or reliquidation of an entry 614–0095940–1 ...... 10/21/93 therefore is filed with the Customs Service with- under subsection (a) shall be paid not later than 614–0096051–6 ...... 10/22/93 in 90 days after the date of the enactment of 180 days after the date of such liquidation or re- 614–0096058–1 ...... 10/22/93 this Act. liquidation. 614–0096063–1 ...... 10/25/93 (c) ENTRIES.—The entries referred to in sub- (d) AFFECTED ENTRIES.—The entries referred 614–0096069–8 ...... 10/25/93 section (a) are as follows: to in subsection (a) are as follows: 614–0100624–4 ...... 04/28/94 Entry Number Entry Date Entry Number Entry Date 614–0100701–0 ...... 05/02/94 0359145–4 ...... November 26, 1996 599–1501057–9 ...... 10/26/89 614–0099508–2 ...... 06/07/94 0359144–7 ...... November 26, 1996 614–2717371–3 ...... 10/28/89 614–0002824–9 ...... 02/09/95 0358011–9 ...... October 30, 1996 614–2717788–8 ...... 11/16/89 788–1003306–4 ...... 07/14/89 0358010–1 ...... October 30, 1996 614–2717875–3 ...... 11/17/89 SEC. 1409. CERTAIN TOMATO SAUCE PREPARA- 0357091–2 ...... October 8, 1996 614–2723776–5 ...... 10/31/90 TION ENTERED IN 1990 THROUGH 0356909–6 ...... October 1, 1996 614–2725016–4 ...... 01/14/91 1992. 0356480–8 ...... September 27, 1996 614–2725155–0 ...... 01/28/91 (a) IN GENERAL.—Notwithstanding section 514 0356482–4 ...... September 24, 1996 614–2725267–3 ...... 02/04/91 of the Tariff Act of 1930 (19 U.S.C. 1514) or any 0354733–2 ...... August 7, 1996 614–2725531–2 ...... 02/26/91 other provision of law and subject to the provi- 0355663–0 ...... August 27, 1996 614–2725662–5 ...... 03/06/91 sions of subsection (b), the United States Cus- 0355278–7 ...... August 20, 1996 614–2725767–2 ...... 03/20/91 toms Service shall, not later than 180 days after 0353571–7 ...... July 3, 1996 614–2725944–7 ...... 03/27/91 the receipt of the request described in subsection 0354382–8 ...... July 23, 1996 614–2726273–0 ...... 04/23/91 (b), liquidate or reliquidate each entry described S10576 CONGRESSIONAL RECORD — SENATE October 13, 2000 in subsection (d) containing any merchandise 614–2719146–7 ...... 02–03–90 812–0509247–1 ...... 10/25/89 which, at the time of the original liquidation, 614–2719562–5 ...... 03–03–90 812–0509584–7 ...... 11/08/89 was classified under subheading 2002.10.00 of 614–2726258–1 ...... 04–26–91 812–0510077–9 ...... 12/08/89 the Harmonized Tariff Schedule of the United 614–2726290–4 ...... 05–03–91 812–0510659–4 ...... 01/12/90 States (relating to tomatoes, prepared or pre- 614–2725646–8 ...... 03–21–91 SEC. 1412. NEOPRENE SYNCHRONOUS TIMING served) at the rate of duty that would have been 614–2725926–4 ...... 04–06–91 BELTS. applicable to such merchandise if the merchan- 614–2725443–0 ...... 02–23–91 (a) IN GENERAL.—Notwithstanding sections dise had been liquidated or reliquidated under 614–0081157–8 ...... 12–02–91 514 and 520 of the Tariff Act of 1930 (19 U.S.C. subheading 2103.90.60 of the Harmonized Tariff 614–0081303–8 ...... 12–03–91 1514 and 1520), or any other provision of law, Schedule of the United States (relating to to- 614–2725276–4 ...... 02–09–91 the United States Customs Service shall, not mato sauce preparation) on the date of entry. 614–2728765–3 ...... 10–05–91 later than 90 days after the date of enactment of (b) REQUESTS.—Reliquidation may be made 614–2729005–3 ...... 10–19–91 this Act, liquidate or reliquidate the entry de- under subsection (a) with respect to an entry 614–2728060–9 ...... 08–24–91 scribed in subsection (c). described in subsection (d) only if a request 614–2727885–0 ...... 08–10–91 (b) PAYMENT OF AMOUNTS OWED.—Any therefor is filed with the Customs Service within 614–2726744–0 ...... 06–01–91 amounts owed by the United States pursuant to 90 days after the date of the enactment of this 614–2726987–5 ...... 06–15–91 the liquidation or reliquidation of the entry Act and the request contains sufficient informa- 614–2725094–1 ...... 01–26–91 under subsection (a), with interest accrued from tion to enable the Customs Service to locate the 614–2724766–4 ...... 01–07–91 the date of entry, shall be paid by the Customs entry or reconstruct the entry if it cannot be lo- 614–2724768–1 ...... 12–30–90 Service within 90 days after such liquidation or cated. 614–0084694–7 ...... 05–30–92 reliquidation. (c) PAYMENT OF AMOUNTS OWED.—Any 614–0085303–4 ...... 06–30–92 (c) ENTRY.—The entry referred to in sub- amounts owed by the United States pursuant to 614–0081812–8 ...... 01–07–92 section (a) is the following: the liquidation or reliquidation of an entry 614–0082595–8 ...... 02–23–92 under subsection (a) shall be paid not later than 614–0083467–9 ...... 03–31–92 Date of Entry number Date of entry liquida- 180 days after the date of such liquidation or re- 614–0083466–1 ...... 03–31–92 tion liquidation. 614–0083680–7 ...... 04–18–92 (d) AFFECTED ENTRIES.—The entries referred 614–0084025–4 ...... 05–02–92 469–0015023–9 11/14/89 3/9/90 to in subsection (a) are as follows: 614–0092533–7 ...... 05–14–93 SEC. 1413. RELIQUIDATION OF DRAWBACK CLAIM NUMBER R74–10343996. Entry Number Entry Date 614–0093248–1 ...... 06–25–93 521–0010813–4 ...... 11/28/90 614–0095915–3 ...... 10–26–93 (a) IN GENERAL.—Notwithstanding section 514 521–0011263–1 ...... 3/15/91 614–0095752–0 ...... 10–13–93 of the Tariff Act of 1930 (19 U.S.C. 1514) or any 551–2047066–5 ...... 3/18/92 614–0095753–8 ...... 10–13–93 other provision of law, the United States Cus- 551–2047231–5 ...... 3/19/92 614–0095275–2 ...... 09–24–93 toms Service shall, not later than 90 days after 551–2047441–0 ...... 3/20/92 614–0095445–1 ...... 10–07–93 the date of the enactment of this Act, liquidate 551–2053210–0 ...... 4/28/92 614–0095421–2 ...... 10–08–93 or reliquidate the drawback claim as filed de- 819–0565392–9 ...... 12/12/92 614–0095814–8 ...... 10–22–93 scribed in subsection (b). (b) DRAWBACK CLAIM.—The drawback claim SEC. 1410. CERTAIN TOMATO SAUCE PREPARA- 614–0095813–0 ...... 10–22–93 TION ENTERED IN 1989 THROUGH 614–0095811–4 ...... 10–22–93 referred to in subsection (a) is the following: 1995. 614–0095914–6 ...... 10–26–93 614–0102424–7 ...... 06–23–94 Drawback Filing (a) IN GENERAL.—Notwithstanding section 514 Export Claim Month Claim Number Date of the Tariff Act of 1930 (19 U.S.C. 1514) or any 614–0096922–8 ...... 12–07–93 other provision of law and subject to the provi- 614–0001090–8 ...... 10–20–94 March 1994 R74–1034399 6 07/03/96 sions of subsection (b), the United States Cus- 614–0006610–8 ...... 06–23–95 (c) PAYMENT OF AMOUNTS DUE.—Any toms Service shall, not later than 180 days after 614–0004345–3 ...... 03–29–95 amounts due pursuant to the liquidation or re- the receipt of the request described in subsection 614–0005582–0 ...... 04–28–95 liquidation of the claim described in subsection (b), liquidate or reliquidate each entry described SEC. 1411. CERTAIN TOMATO SAUCE PREPARA- (b) shall be paid not later than 90 days after the in subsection (d) containing any merchandise TION ENTERED IN 1989 AND 1990. date of such liquidation or reliquidation. which, at the time of the original liquidation, (a) IN GENERAL.—Notwithstanding section 514 SEC. 1414. RELIQUIDATION OF CERTAIN DRAW- was classified under subheading 2002.10.00 of of the Tariff Act of 1930 (19 U.S.C. 1514) or any BACK CLAIMS FILED IN 1996. the Harmonized Tariff Schedule of the United other provision of law and subject to the provi- (a) IN GENERAL.—Notwithstanding section 514 States (relating to tomatoes, prepared or pre- sions of subsection (b), the United States Cus- of the Tariff Act of 1930 (19 U.S.C. 1514) or any served) at the rate of duty that would have been toms Service shall, not later than 180 days after other provision of law, the United States Cus- applicable to such merchandise if the merchan- the receipt of the request described in subsection toms Service shall, not later than 90 days after dise had been liquidated or reliquidated under (b), liquidate or reliquidate each entry described the date of the enactment of this Act, liquidate subheading 2103.90.60 of the Harmonized Tariff in subsection (d) containing any merchandise or reliquidate the drawback claims as filed de- Schedule of the United States (relating to to- which, at the time of the original liquidation, scribed in subsection (b). mato sauce preparation) on the date of entry. was classified under subheading 2002.10.00 of (b) DRAWBACK CLAIMS.—The drawback claims (b) REQUESTS.—Reliquidation may be made the Harmonized Tariff Schedule of the United referred to in subsection (a) are the following: under subsection (a) with respect to an entry States (relating to tomatoes, prepared or pre- served) at the rate of duty that would have been described in subsection (d) only if a request Export Claim Month Drawback Filing therefor is filed with the Customs Service within applicable to such merchandise if the merchan- Claim Number Date dise had been liquidated or reliquidated under 90 days after the date of the enactment of this March 1993 R74–1034035 6 07/03/96 Act and the request contains sufficient informa- subheading 2103.90.60 of the Harmonized Tariff April 1993 R74–1034070 3 07/03/96 tion to enable the Customs Service to locate the Schedule of the United States (relating to to- (c) PAYMENT OF AMOUNTS DUE.—Any mato sauce preparation) on the date of entry. entry or reconstruct the entry if it cannot be lo- amounts due pursuant to the liquidation or re- (b) REQUESTS.—Reliquidation may be made cated. liquidation of the claims described in subsection (c) PAYMENT OF AMOUNTS OWED.—Any under subsection (a) with respect to an entry (b) shall be paid not later than 90 days after the amounts owed by the United States pursuant to described in subsection (d) only if a request date of such liquidation or reliquidation. the liquidation or reliquidation of an entry therefor is filed with the Customs Service within under subsection (a) shall be paid not later than 90 days after the date of the enactment of this SEC. 1415. RELIQUIDATION OF CERTAIN DRAW- BACK CLAIMS RELATING TO EX- 180 days after the date of such liquidation or re- Act and the request contains sufficient informa- PORTS OF MERCHANDISE FROM MAY liquidation. tion to enable the Customs Service to locate the 1993 TO JULY 1993. (d) AFFECTED ENTRIES.—The entries referred entry or reconstruct the entry if it cannot be lo- (a) IN GENERAL.—Notwithstanding section 514 to in subsection (a) are as follows: cated. of the Tariff Act of 1930 (19 U.S.C. 1514) or any Entry Number Entry Date (c) PAYMENT OF AMOUNTS OWED.—Any other provision of law, the United States Cus- 614–2716855–6 ...... 10–11–89 amounts owed by the United States pursuant to toms Service shall, not later than 90 days after 614–2717619–5 ...... 11–11–89 the liquidation or reliquidation of an entry the date of the enactment of this Act, liquidate 614–2717846–4 ...... 11–25–89 under subsection (a) shall be paid not later than or reliquidate the drawback claims as filed de- 614–2722580–2 ...... 09–01–90 180 days after the date of such liquidation or re- scribed in subsection (b). 614–2723739–3 ...... 11–03–90 liquidation. (b) DRAWBACK CLAIMS.—The drawback claims 614–2722163–7 ...... 08–04–90 (d) AFFECTED ENTRIES.—The entries referred referred to in subsection (a) are the following: 614–2723558–7 ...... 10–25–90 to in subsection (a) are as follows: 614–2723104–0 ...... 09–29–90 Entry Number Entry Date Export Claim Month Drawback Filing 614–2720674–5 ...... 05–10–90 812–0507705–0 ...... 07/27/89 Claim Number Date 614–2721638–9 ...... 07–07–90 812–0507847–0 ...... 08/03/89 May 1993 R74–1034098 4 07/03/96 614–2718704–4 ...... 01–06–90 812–0507848–8 ...... 08/03/89 June 1993 R74–1034126 3 07/03/96 614–2718411–6 ...... 12–16–89 812–0509191–1 ...... 10/18/89 July 1993 R74–1034154 5 07/03/96 October 13, 2000 CONGRESSIONAL RECORD — SENATE S10577

(c) PAYMENT OF AMOUNTS DUE.—Any (b) shall be paid not later than 90 days after the CHAPTER 2—SPECIAL CLASSIFICATION amounts due pursuant to the liquidation or re- date of such liquidation or reliquidation. RELATING TO PRODUCT DEVELOPMENT liquidation of the claims described in subsection SEC. 1419. RELIQUIDATION OF DRAWBACK CLAIM AND TESTING (b) shall be paid not later than 90 days after the NUMBER WJU1111031–7. SEC. 1431. SHORT TITLE. date of such liquidation or reliquidation. (a) IN GENERAL.—Notwithstanding section 514 This chapter may be cited as the ‘‘Product De- SEC. 1416. RELIQUIDATION OF CERTAIN DRAW- of the Tariff Act of 1930 (19 U.S.C. 1514) or any velopment and Testing Act of 2000’’. BACK CLAIMS RELATING TO EX- other provision of law, the United States Cus- SEC. 1432. FINDINGS; PURPOSE. PORTS CLAIMS FILED BETWEEN toms Service shall, not later than 90 days after APRIL 1994 AND JULY 1994. the date of the enactment of this Act, liquidate (a) FINDINGS.—The Congress finds the fol- (a) IN GENERAL.—Notwithstanding section 514 or reliquidate the drawback claim as filed de- lowing: of the Tariff Act of 1930 (19 U.S.C. 1514) or any scribed in subsection (b). (1)(A) A substantial amount of development other provision of law, the United States Cus- and testing occurs in the United States incident toms Service shall, not later than 90 days after (b) DRAWBACK CLAIM.—The drawback claim referred to in subsection (a) is the following: to the introduction and manufacture of new the date of the enactment of this Act, liquidate products for both domestic consumption and ex- or reliquidate the drawback claims as filed de- Drawback Claim Number Filing Date port overseas. scribed in subsection (b). (B) Testing also occurs with respect to mer- (b) DRAWBACK CLAIMS.—The drawback claims WJU1111031–7 October 16, 1997 chandise that has already been introduced into referred to in subsection (a) are the following: (excluding Invoice #24051) commerce to insure that it continues to meet (c) PAYMENT OF AMOUNTS DUE.—Any specifications and performs as designed. Drawback Filing Export Claim Month Claim Number Date amounts due pursuant to the liquidation or re- (2) The development and testing that occurs in liquidation of the claim described in subsection the United States incident to the introduction April 1994 R74–1034427 5 07/03/96 (b) shall be paid not later than 90 days after the and manufacture of new products, and with re- May 1994 R74–1034462 2 07/03/96 date of such liquidation or reliquidation. spect to products which have already been in- July 1994 C04–0032112 8 07/03/96 SEC. 1420. LIQUIDATION OR RELIQUIDATION OF troduced into commerce, represents a significant (c) PAYMENT OF AMOUNTS DUE.—Any CERTAIN ENTRIES OF ATHLETIC industrial activity employing highly-skilled amounts due pursuant to the liquidation or re- SHOES. workers in the United States. liquidation of the claims described in subsection (a) IN GENERAL.—Notwithstanding section 514 (3)(A) Under the current laws affecting the (b) shall be paid not later than 90 days after the of the Tariff Act of 1930 (19 U.S.C. 1514) or any importation of merchandise, such as the provi- date of such liquidation or reliquidation. other provision of law, the United States Cus- sions of part I of title IV of the Tariff Act of SEC. 1417. RELIQUIDATION OF CERTAIN DRAW- toms Service shall, not later than 90 days after 1930 (19 U.S.C. 1401 et seq.), goods commonly re- BACK CLAIMS RELATING TO JUICES. the date of the enactment of this Act, liquidate ferred to as ‘‘prototypes’’, used for product de- (a) IN GENERAL.—Notwithstanding section 514 or reliquidate each drawback claim as filed de- velopment testing and product evaluation pur- of the Tariff Act of 1930 (19 U.S.C. 1514) or any scribed in subsection (b). poses, are subject to customs duty upon their other provision of law, the United States Cus- (b) DRAWBACK CLAIMS.—The drawback claims importation into the United States unless the toms Service shall, not later than 90 days after referred to in subsection (a) are the following prototypes qualify for duty-free treatment under the date of the enactment of this Act, liquidate claims, filed between August 1, 1993 and June 1, special trade programs or unless the prototypes or reliquidate the drawback claims as filed de- 1998: are entered under a temporary importation scribed in subsection (b). bond. Drawback Claims (b) DRAWBACK CLAIMS.—The drawback claims (B) In addition, the United States Customs referred to in subsection (a) are the following: 221–0590991–9 Service has determined that the value of proto- 221–0890500–5 through 221–0890675–5 types is to be included in the value of produc- Drawback Filing 221–0890677–1 through 221–0891427–0 tion articles if the prototypes are the result of Export Claim Month Claim Number Date 221–0891430–4 through 221–0891537–6 the same design and development effort as the August 1993 R74–1034189 1 07/03/96 221–0891539–2 through 221–0891554–1 articles. September 1993 R74–1034217 0 07/03/96 221–0891556–6 through 221–0891557–4 (4)(A) Assessing duty on prototypes twice, December 1993 R74–1034308 7 07/03/96 221–0891559–0 once when the prototypes are imported and a January 1994 R74–1034336 8 07/03/96 second time thereafter as part of the cost of im- 221–0891561–6 through 221–0891565–7 February 1994 R74–1034371 5 07/03/96 ported production merchandise, discourages de- 221–0891567–3 through 221–0891578–0 (c) PAYMENT OF AMOUNTS DUE.—Any velopment and testing in the United States, and amounts due pursuant to the liquidation or re- 221–0891582–0 thus encourages development and testing to liquidation of the claims described in subsection 221–0891584–8 through 221–0891587–1 occur overseas, since, in that case, duty will (b) shall be paid not later than 90 days after the 221–0891589–7 only be assessed once, upon the importation of date of such liquidation or reliquidation. 221–0891592–1 through 221–0891597–0 production merchandise. SEC. 1418. RELIQUIDATION OF CERTAIN DRAW- 221–0891604–4 through 221–0891605–1 (B) Assessing duty on these prototypes twice BACK CLAIMS FILED IN 1997. 221–0891607–7 through 221–0891609–3 unnecessarily inflates the cost to businesses, (a) IN GENERAL.—Notwithstanding section 514 (c) PAYMENT OF AMOUNTS DUE.—Any thus reducing their competitiveness. of the Tariff Act of 1930 (19 U.S.C. 1514) or any amounts due pursuant to the liquidation or re- (5) Current methods for avoiding the excessive other provision of law, the United States Cus- liquidation of the claims described in subsection assessment of customs duties on the importation toms Service shall, not later than 90 days after (b) shall be paid not later than 90 days after the of prototypes, including the use of temporary the date of the enactment of this Act, liquidate date of such liquidation or reliquidation. importation entries and obtaining drawback, are or reliquidate the drawback claims as filed de- unwieldy, ineffective, and difficult for both im- scribed in subsection (b). SEC. 1421. DESIGNATION OF MOTOR FUELS AND JET FUELS AS COMMERCIALLY porters and the United States Customs Service to (b) DRAWBACK CLAIMS.—The drawback claims INTERCHANGEABLE. administer. referred to in subsection (a) are the following: Section 313(p)(3)(B) of the Tariff Act of 1930 (b) PURPOSE.—The purpose of this chapter is (19 U.S.C. 1313(p)(3)(B)) is amended by adding to promote product development and testing in Drawback Claim Number Filing Date at the end the following: ‘‘Notwithstanding any the United States by permitting the importation WJU1111015–0 May 30, 1997 change or modification to the Harmonized Tariff of prototypes on a duty-free basis. WJU1111030–9 August 6, 1997 Schedule of the United States, motor fuel and SEC. 1433. AMENDMENTS TO HARMONIZED TAR- WJU1111006–9 April 16, 1997 jet fuel classifiable under subheading 2710.00.15 IFF SCHEDULE OF THE UNITED WJU1111005–2 February 26, 1997 of the Harmonized Tariff Schedule of the United STATES. (c) PAYMENT OF AMOUNTS DUE.—Any States, as in effect on January 1, 2000, shall be (a) HEADING.—Subchapter XVII of Chapter 98 amounts due pursuant to the liquidation or re- considered commercially interchangeable for is amended by inserting in numerical sequence liquidation of the claims described in subsection purposes of drawback under this subsection.’’. the following new heading: S10578 CONGRESSIONAL RECORD — SENATE October 13, 2000

‘‘ 9817.85.01 Prototypes to be used exclu- sively for development, test- ing, product evaluation, or quality control purposes ...... Free The rate applicable in the ab- sence of this heading

’’.

(b) U.S. NOTE.—The U.S. Notes to subchapter (1) an entry of a prototype under heading have a right to know if products offered for sale XVII of chapter 98 are amended by adding at 9817.85.01, as added by section 1433(a), on or contain dog or cat fur and to ensure that they the end the following: after the date of enactment of this Act; and are not unwitting participants in this gruesome ‘‘6. The following provisions apply to heading (2) an entry of a prototype (as defined in U.S. trade. 9817.85.01: Note 6(a) to subchapter XVII of chapter 98, as (8) Persons who engage in the sale of dog or ‘‘(a) For purposes of this subchapter, includ- added by section 1433(b)) under heading cat fur products, including the fraudulent trade ing heading 9817.85.01, the term ‘prototypes’ 9813.00.30 for which liquidation has not become practices identified above, gain an unfair com- means originals or models of articles that— final as of the date of enactment of this Act. petitive advantage over persons who engage in ‘‘(i) are either in the preproduction, produc- CHAPTER 3—PROHIBITION ON IMPORTA- legitimate trade in apparel, toys, and other tion, or postproduction stage and are to be used TION OF PRODUCTS MADE WITH DOG OR products, and derive an unfair benefit from con- exclusively for development, testing, product CAT FUR sumers who buy their products. evaluation, or quality control purposes; and SEC. 1441. SHORT TITLE. (9) The imposition of a ban on the sale, manu- ‘‘(ii) in the case of originals or models of arti- This chapter may be cited as the ‘‘Dog and facture, offer for sale, transportation, and dis- cles that are either in the production or Cat Protection Act of 2000’’. tribution of dog and cat fur products, regardless postproduction stage, are associated with a de- of their source, is consistent with the inter- SEC. 1442. FINDINGS AND PURPOSES. sign change from current production (including national obligations of the United States be- a refinement, advancement, improvement, devel- (a) FINDINGS.—Congress makes the following cause it applies equally to domestic and foreign opment, or quality control in either the product findings: producers and avoids any discrimination among itself or the means for producing the product). (1) An estimated 2,000,000 dogs and cats are foreign sources of competing products. Such a For purposes of clause (i), automobile racing slaughtered and sold annually as part of the ban is also consistent with provisions of inter- for purse, prize, or commercial competition shall international fur trade. Internationally, dog national agreements to which the United States not be considered to be ‘‘development, testing, and cat fur is used in a wide variety of prod- is a party that expressly allow for measures de- product evaluation, or quality control.’’. ucts, including fur coats and jackets, fur signed to protect the health and welfare of ani- trimmed garments, hats, gloves, decorative ac- ‘‘(b)(i) Prototypes may only be imported in mals and to enjoin the use of deceptive trade cessories, stuffed animals, and other toys. limited noncommercial quantities in accordance practices in international or domestic commerce. (2) The United States represents one of the with industry practice. (b) PURPOSES.—The purposes of this chapter largest markets for the sale of fur and fur prod- ‘‘(ii) Except as provided for by the Secretary are to— ucts in the world. Market demand for fur prod- of the Treasury, prototypes or parts of proto- ucts in the United States has led to the intro- (1) prohibit imports, exports, sale, manufac- types, may not be sold after importation into the duction of dog and cat fur products into United ture, offer for sale, transportation, and distribu- United States or be incorporated into other States commerce, frequently based on deceptive tion in the United States of dog and cat fur products that are sold. or fraudulent labeling of the products to dis- products, in order to ensure that United States ‘‘(c) Articles subject to quantitative restric- guise the true nature of the fur and mislead market demand does not provide an incentive to tions, antidumping orders, or countervailing United States wholesalers, retailers, and con- slaughter dogs or cats for their fur; duty orders, may not be classified as prototypes sumers. (2) require accurate labeling of fur species so under this note. Articles subject to licensing re- (3) Dog and cat fur, when dyed, is not easily that consumers in the United States can make quirements, or which must comply with laws, distinguishable to persons who are not experts informed choices and ensure that they are not rules, or regulations administered by agencies from other furs such as fox, rabbit, coyote, wolf, unwitting contributors to this gruesome trade; other than the United States Customs Service and mink, and synthetic materials made to re- and before being imported, may be classified as pro- semble real fur. Dog and cat fur is generally less (3) ensure that the customs laws of the United totypes, provided that they comply with all ap- expensive than other types of fur and may be States are not undermined by illicit inter- plicable provisions of law and otherwise meet used as a substitute for more expensive types of national traffic in dog and cat fur products. the definition of ‘prototypes’ under paragraph furs, which provides an incentive to engage in (a).’’. SEC. 1443. PROHIBITION ON IMPORTATION OF unfair or fraudulent trade practices in the im- PRODUCTS MADE WITH DOG OR CAT SEC. 1434. REGULATIONS RELATING TO ENTRY portation, exportation, distribution, or sale of FUR. PROCEDURES AND SALES OF PROTO- fur products, including deceptive labeling and N ENERAL TYPES. (a) I G .—Title III of the Tariff Act of other practices designed to disguise the true 1930 is amended by inserting after section 307 (a) IDENTIFICATION OF PROTOTYPES.—The Sec- contents or origin of the product. the following new section: retary of the Treasury shall promulgate regula- (4) Forensic texts have documented that dog tions regarding the identification of prototypes ‘‘SEC. 308. PROHIBITION ON IMPORTATION OF and cat fur products are being imported into the DOG AND CAT FUR PRODUCTS. at the time of importation into the United States United States subject to deceptive labels or other ‘‘(a) DEFINITIONS.—In this section: in accordance with the provisions of this chap- practices designed to conceal the use of dog or ter and the amendments made by this chapter. cat fur in the production of wearing apparel, ‘‘(1) CAT FUR.—The term ‘cat fur’ means the (b) SALES OF PROTOTYPES.—Within 10 months toys, and other products. pelt or skin of any animal of the species Felis of the date of enactment of this Act, the Sec- (5) Publicly available evidence reflects ongo- catus. retary of the Treasury shall promulgate final ing significant use of dogs and cats bred ex- ‘‘(2) COMMERCE.—The term ‘commerce’ means regulations regarding the sale of prototypes en- pressly for their fur by foreign fur producers for the transportation for sale, trade, or use be- tered under heading 9817.85.01 of the Har- manufacture into wearing apparel, toys, and tween any State, territory, or possession of the monized Tariff Schedule of the United States as other products that have been introduced into United States, or the District of Columbia, and scrap, or waste, or for recycling, provided that United States commerce. The evidence indicates any place outside thereof. all duties are tendered for sales of the proto- that foreign fur producers also rely on the use ‘‘(3) CUSTOMS LAWS.—The term ‘customs laws types, including prototypes and parts of proto- of stray dogs and cats and stolen pets for the of the United States’ means any other law or types incorporated into other products, as scrap, manufacture of fur products destined for the regulation enforced or administered by the waste, or recycled materials, at the rate of duty world and United States markets. United States Customs Service. in effect for such scrap, waste, or recycled mate- (6) The methods of housing, transporting, and ‘‘(4) DOG FUR.—The term ‘dog fur’ means the rials at the time of importation of the proto- slaughtering dogs and cats for fur production pelt or skin of any animal of the species Canis types. are generally unregulated and inhumane. familiaris. SEC. 1435. EFFECTIVE DATE. (7) The trade of dog and cat fur products is ‘‘(5) DOG OR CAT FUR PRODUCT.—The term This chapter, and the amendments made by ethically and aesthetically abhorrent to United ‘dog or cat fur product’ means any item of mer- this chapter, shall apply with respect to— States citizens. Consumers in the United States chandise which consists, or is composed in October 13, 2000 CONGRESSIONAL RECORD — SENATE S10579 whole or in part, of any dog fur, cat fur, or provide for a process by which testing labora- CHAPTER 4—MISCELLANEOUS both. tories, whether domestic or foreign, can qualify PROVISIONS ‘‘(6) PERSON.—The term ‘person’ includes any for certification by the United States Customs SEC. 1451. ALTERNATIVE MID-POINT INTEREST individual, partnership, corporation, associa- Service by demonstrating the reliability of the ACCOUNTING METHODOLOGY FOR tion, organization, business trust, government procedures used for determining the type of fur UNDERPAYMENT OF DUTIES AND entity, or other entity subject to the jurisdiction contained in articles intended for sale or con- FEES. of the United States. sumption in the interstate commerce of the Section 505(c) of the Tariff Act of 1930 (19 ‘‘(7) SECRETARY.—The term ‘Secretary’ means United States. U.S.C. 1505(c)) is amended by striking ‘‘For the the Secretary of the Treasury. ‘‘(6) REWARD.—The Secretary shall pay a re- period beginning on’’ and all that follows ‘‘(8) UNITED STATES.—The term ‘United States’ ward of not less than $500 to any person who through ‘‘the Secretary may prescribe’’ and in- means the customs territory of the United furnishes information that establishes probable serting ‘‘The Secretary may prescribe’’. States, as defined in general note 2 of the Har- cause or leads to an arrest, criminal conviction, SEC. 1452. EXCEPTION FROM MAKING REPORT OF monized Tariff Schedule of the United States. civil penalty assessment, debarment, or for- ARRIVAL AND FORMAL ENTRY FOR ‘‘(b) PROHIBITIONS.— feiture of property for any violation of this sec- CERTAIN VESSELS. (a) REPORT OF ARRIVAL AND FORMAL ENTRY ‘‘(1) IN GENERAL.—It shall be unlawful for tion or any regulation issued under this section. any person to— OF VESSELS.—(1) Section 433(a)(1)(C) of the Tar- ‘‘(7) AFFIRMATIVE DEFENSE.—It shall be a de- ‘‘(A) import into, or export from, the United iff Act of 1930 (19 U.S.C. 1433(a)(1)(C)) is amend- fense against any civil or criminal action States any dog or cat fur product; or ed by striking ‘‘bonded merchandise, or’’. brought under this section or any regulations ‘‘(B) introduce into interstate commerce, man- (2) Section 434(a)(3) of the Tariff Act of 1930 issued under this section if the person accused ufacture for introduction into interstate com- (19 U.S.C. 1434(a)(3)) is amended by striking of a violation under this section can establish by merce, sell, trade, or advertise in interstate com- ‘‘bonded merchandise or’’. a preponderance of the evidence that the person merce, offer to sell, or transport or distribute in (3) Section 91(a)(2) of the Appendix to title 46, exercised reasonable care— interstate commerce in the United States, any United States Code, is amended by striking dog or cat fur product. ‘‘(A) in determining the nature of the prod- ‘‘bonded merchandise or’’. ‘‘(2) EXCEPTION.—This subsection shall not ucts alleged to have resulted in such violation; (b) ADDITIONAL AMENDMENT.—Section 441 of apply to the importation, exportation, or trans- and the Tariff Act of 1930 (19 U.S.C. 1441) is amend- portation by an individual, for noncommercial ‘‘(B) in ensuring that the products were ac- ed by adding at the end the following new para- purposes, of his or her personal pet that is de- companied by documentation, packaging, and graph: ceased, including a pet preserved through taxi- labeling that were accurate as to the nature of ‘‘(7) Any vessel required to anchor at the Belle dermy. the products. Isle Anchorage in the waters of the Detroit ‘‘(c) PENALTIES AND ENFORCEMENT.— ‘‘(8) COORDINATION WITH OTHER LAWS.—Noth- River in the State of Michigan, for the purposes ‘‘(1) CIVIL PENALTIES.— ing in this section shall be construed as super- of awaiting the availability of cargo or berthing ‘‘(A) IN GENERAL.—Any person who violates seding or limiting in any manner the functions space or for the purpose of taking on a pilot or any provision of this section or any regulation and responsibilities of the Secretary of the awaiting pilot services, or at the direction of the issued under this section may, in addition to Treasury under the customs laws of the United Coast Guard, prior to proceeding to the Port of any other civil or criminal penalty that may be States. Toledo, Ohio, where the vessel makes entry imposed under title 18 of the United States Code ‘‘(d) PUBLICATION OF NAMES OF CERTAIN VIO- under section 434 or obtains clearance under or any other provision of law, be assessed a civil LATORS.—The Secretary of the Treasury shall section 4197 of the Revised Statutes of the penalty by the Secretary of not more than— publish periodically in the Federal Register a United States.’’. ‘‘(i) $10,000 for each separate knowing and in- list of the names of any producer, manufac- SEC. 1453. DESIGNATION OF SAN ANTONIO INTER- tentional violation; turer, supplier, seller, importer, or exporter, NATIONAL AIRPORT FOR CUSTOMS PROCESSING OF CERTAIN PRIVATE ‘‘(ii) $5,000 for each separate grossly negligent whether or not located within the customs terri- violation; or AIRCRAFT ARRIVING IN THE UNITED tory of the United States, against whom a crimi- STATES. ‘‘(iii) $3,000 for each separate negligent viola- nal conviction has been rendered or against (a) DESIGNATION.—For the 2-year period be- tion. whom a final administrative determination with ginning on the date of the enactment of this ‘‘(B) DEBARMENT.—The Secretary may debar respect to the assessment of a civil penalty for a Act, the Commissioner of the Customs Service a person from importing, exporting, trans- knowing and intentional or a grossly negligent shall designate the San Antonio International porting, distributing, manufacturing, or selling violation has been made under this section. Airport in San Antonio, Texas, as an airport at any fur product in the United States, if— ‘‘(e) REPORTS.—In order to enable Congress to which private aircraft described in subsection ‘‘(i) the Secretary finds that the person has engage in active, continuing oversight of this (b) may land for processing by the Customs been convicted of a criminal violation of any section, the Secretary shall provide the fol- Service in accordance with section 122.24(b) of provision of this section or any regulation lowing: title 19, Code of Federal Regulations. issued under this section; or ‘‘(1) PLAN FOR ENFORCEMENT.—Within 3 (b) PRIVATE AIRCRAFT.—Private aircraft de- ‘‘(ii) the Secretary finds that the person has months after the date of enactment of this sec- scribed in this subsection are private aircraft engaged in a pattern or practice of actions that tion, the Secretary shall submit to Congress a that— has resulted in a final administrative determina- plan for the enforcement of the provisions of (1) arrive in the United States from a foreign tion with respect to the assessment of civil pen- this section, including training and procedures area and have a final destination in the United alties for knowing and intentional or grossly to ensure that Customs Service personnel are States of San Antonio International Airport in negligent violations of any provision of this sec- equipped with state-of-the-art technologies to San Antonio, Texas; and tion or any regulation issued under this section. identify potential dog or cat fur products and to (2) would otherwise be required to land for ‘‘(C) NOTICE.—No penalty may be assessed processing by the Customs Service at an airport under this paragraph unless such person is determine the true content of such products. ‘‘(2) REPORT ON ENFORCEMENT EFFORTS.—Not listed in section 122.24(b) of title 19, Code of given notice and opportunity for a hearing with Federal Regulations, in accordance with such respect to such violation in accordance with sec- later than 1 year after the date of enactment of this section, and on an annual basis thereafter, section. tion 554 of title 5, United States Code. (c) DEFINITION.—In this section, the term ‘‘(2) CRIMINAL PENALTIES.—Any person who the Secretary shall submit a report to Congress on the efforts of the Department of the Treasury ‘‘private aircraft’’ has the meaning given such knowingly violates any provision of this section term in section 122.23(a)(1) of title 19, Code of or any regulation issued under this section to enforce the provisions of this section and the adequacy of the resources to do so. The report Federal Regulations. shall, upon conviction for each violation, be im- (d) REPORT.—The Commissioner of the Cus- shall include an analysis of the training of Cus- prisoned for not more than 1 year, fined in ac- toms Service shall prepare and submit to Con- toms Service personnel to identify dog and cat cordance with title 18, United States Code, or gress a report on the implementation of this sec- fur products effectively and to take appropriate both. tion for 2001 and 2002. ‘‘(3) FORFEITURE.—Any dog or cat fur product action to enforce this section. The report shall include the findings of the Secretary as to SEC. 1454. INTERNATIONAL TRAVEL MERCHAN- manufactured, taken, possessed, sold, pur- DISE. whether any government has engaged in a pat- chased, offered for sale or purchase, trans- Section 555 of the Tariff Act of 1930 (19 U.S.C. tern or practice of support for trade in products ported, delivered, received, carried, shipped, im- 1555) is amended by adding at the end the fol- the importation of which are prohibited under ported, or exported contrary to the provisions of lowing: this section.’’. this section or any regulation issued under this ‘‘(c) INTERNATIONAL TRAVEL MERCHANDISE.— section shall be subject to forfeiture to the (b) CONFORMING AMENDMENT.—Section 2(d) of ‘‘(1) DEFINITIONS.—For purposes of this United States. the Fur Products Labeling Act (15 U.S.C. 69(d)) section— ‘‘(4) ENFORCEMENT.—The provisions of this is amended by striking ‘‘; except that such term ‘‘(A) the term ‘international travel merchan- section and any regulations issued under this shall not include such articles as the Commis- dise’ means duty-free or domestic merchandise section shall be enforced by the Secretary. sion shall exempt by reason of the relatively which is placed on board aircraft on inter- ‘‘(5) REGULATIONS.—Not later than 270 days small quantity or value of the fur or used fur national flights for sale to passengers, but after the date of enactment of this section, the contained therein’’. which is not merchandise incidental to the oper- Secretary shall, after notice and opportunity for (c) EFFECTIVE DATE.—The amendments made ation of a duty-free sales enterprise; comment, issue regulations to carry out the pro- by this section shall take effect on the date of ‘‘(B) the term ‘staging area’ is an area con- visions of this section. The regulations shall enactment of this Act. trolled by the proprietor of a bonded warehouse S10580 CONGRESSIONAL RECORD — SENATE October 13, 2000 outside of the physical parameters of the bonded Secretary of the Treasury to secure the Govern- (A) effective January 1, 2000, by striking ‘‘10 warehouse in which manipulation of inter- ment against any loss or expense connected with percent’’ each place it appears and inserting ‘‘5 national travel merchandise in carts occurs; or arising from the deposit, storage, or manipu- percent’’; ‘‘(C) the term ‘duty-free merchandise’ means lation of merchandise in such warehouse. The (B) effective January 1, 2001, by striking ‘‘5 merchandise on which the liability for payment warehouse proprietor’s bond shall also secure percent’’ each place it appears and inserting ‘‘4 of duty or tax imposed by reason of importation the manipulation of international travel mer- percent’’; and has been deferred pending exportation from the chandise in a staging area. customs territory; ‘‘(B) A transfer of liability from the inter- (C) effective January 1, 2002, by striking ‘‘4 ‘‘(D) the term ‘manipulation’ means the re- national carrier to the warehouse proprietor oc- percent’’ each place it appears and inserting ‘‘3 packaging, cleaning, sorting, or removal from or curs when the carrier assigns custody of inter- percent’’. placement on carts of international travel mer- national travel merchandise to the warehouse (2) Subheading 9816.00.40 is amended— chandise; and proprietor for purposes of entry into warehouse ‘‘(E) the term ‘cart’ means a portable con- (A) effective January 1, 2000, by striking ‘‘5 or for manipulation in the staging area. percent’’ each place it appears and inserting ‘‘3 tainer holding international travel merchandise ‘‘(C) A transfer of liability from the ware- percent’’; on an aircraft for exportation. house proprietor to the international carrier oc- ‘‘(2) BONDED WAREHOUSE FOR INTERNATIONAL curs when the bonded warehouse proprietor as- (B) effective January 1, 2001, by striking ‘‘3 TRAVEL MERCHANDISE.—The Secretary shall by signs custody of international travel merchan- percent’’ each place it appears and inserting ‘‘2 regulation establish a separate class of bonded dise to the carrier. percent’’; and warehouse for the storage and manipulation of ‘‘(D) The Secretary is authorized to promul- (C) effective January 1, 2002, by striking ‘‘2 international travel merchandise pending its gate regulations to require the proprietor and percent’’ each place it appears and inserting placement on board aircraft departing for for- the international carrier to keep records of the ‘‘1.5 percent’’. eign destinations. disposition of any cart brought into the United ‘‘(3) RULES FOR TREATMENT OF INTERNATIONAL States and all merchandise on such cart.’’. SEC. 1456. TREATMENT OF PERSONAL EFFECTS OF PARTICIPANTS IN INTER- TRAVEL MERCHANDISE AND BONDED WAREHOUSES SEC. 1455. CHANGE IN RATE OF DUTY OF GOODS NATIONAL ATHLETIC EVENTS. AND STAGING AREAS.—(A) The proprietor of a RETURNED TO THE UNITED STATES bonded warehouse established for the storage BY TRAVELERS. (a) IN GENERAL.—Subchapter XVII of chapter and manipulation of international travel mer- Subchapter XVI of chapter 98 is amended as 98 is amended by inserting in numerical se- chandise shall give a bond in such sum and follows: quence the following new heading: with such sureties as may be approved by the (1) Subheading 9816.00.20 is amended—

‘‘ 9817.60.00 Any of the following articles not intended for sale or distribution to the public: personal effects of aliens who are participants in, officials of, or accredited members of delegations to, an international athletic event held in the United States, such as the Olympics and Paralympics, the Goodwill Games, the Special Olympics World Games, the World Cup Soccer Games, or any similar inter- national athletic event as the Secretary of the Treasury may determine, and of persons who are im- mediate family members of or servants to any of the foregoing persons; equipment and materials im- ported in connection with any such foregoing event by or on behalf of the foregoing persons or the organizing committee of such an event, articles to be used in exhibitions depicting the culture of a country participating in such an event; and, if consistent with the foregoing, such other articles as the Secretary of the Treasury may allow ...... Free Free ’’. (b) TAXES, FEES, INSPECTION.—The U.S. Notes time period provided in section 313(j)(2)(B) of SEC. 1461. REPORT ON CUSTOMS PROCEDURES. to chapter XVII of chapter 98 are amended by the Tariff Act of 1930 (19 U.S.C. 1313(j)(2)(B)). (a) REVIEW AND REPORT.—The Secretary of adding at the end the following new note: SEC. 1459. CARGO INSPECTION. the Treasury shall— ‘‘6. Any article exempt from duty under head- The Commissioner of Customs is authorized to (1) review, in consultation with United States ing 9817.60.00 shall be free of taxes and fees that establish a fee-for-service agreement for a period importers and other interested parties, including may otherwise be applicable, but shall not be of not less than 2 years, renewable thereafter on independent third parties selected by the Sec- free or otherwise exempt or excluded from rou- an annual basis, at Fort Lauderdale-Hollywood retary for the purpose of conducting such re- tine or other inspections as may be required by International Airport. The agreement shall pro- view, customs procedures and related laws and the Customs Service.’’ vide personnel and infrastructure necessary to regulations applicable to goods and commercial (b) EFFECTIVE DATE.—The amendments made conduct cargo clearance, inspection, or other conveyances entering the United States; and by this section apply to goods entered, or with- customs services as needed to accommodate car- (2) report to the Congress, not later than 180 drawn from warehouse, for consumption, on or riers using this airport. When such servcies have days after the date of enactment of this Act, on after the date of the enactment of this Act. been provided on a fee-for-service basis for at changes that should be made to reduce reporting (c) TERMINATION OF TEMPORARY PROVI- least 2 years and the commercial consumption and record retention requirements for commer- SIONS.—Heading 9902.98.08 shall, notwith- entry level reaches 29,000 entries per year, the cial parties, specifically addressing changes standing any provision of such heading, cease Commissioner of Customs shall continue to pro- needed to— to be effective on the date of the enactment of vide cargo clearance, inspection or other cus- (A) separate fully and remove the linkage be- this Act. toms services, and no charges, other than those tween data reporting required to determine the SEC. 1457. COLLECTION OF FEES FOR CUSTOMS fees authorized by section 13031(a) of the Con- admissibility and release of goods and data re- SERVICES FOR ARRIVAL OF CERTAIN solidated Omnibus Budget Reconciliation Act of porting for other purposes such as collection of FERRIES. 1985 (19 U.S.C. 58c(a)), may be collected for revenue and statistics; Section 13031(b)(1)(A)(iii) of the Consolidated those services. (B) reduce to a minimum data required for de- Omnibus Budget Reconciliation Act of 1985 (19 SEC. 1460. TREATMENT OF CERTAIN MULTIPLE termining the admissibility of goods and release U.S.C. 58c(b)(1)(A)(iii)) is amended to read as ENTRIES OF MERCHANDISE AS SIN- of goods, consistent with the protection of public follows: GLE ENTRY. health, safety, or welfare, or achievement of ‘‘(iii) the arrival of a ferry, except for a ferry (a) IN GENERAL.—Section 484 of the Tariff Act other policy goals of the United States; whose operations begin on or after August 1, of 1930 (19 U.S.C. 1484) is amended by adding at 1999, and that operates south of 27 degrees lati- (C) eliminate or find more efficient means of the end the following: collecting data for other purposes that are un- tude and east of 89 degrees longitude; or’’. ‘‘(j) TREATMENT OF MULTIPLE ENTRIES OF necessary, overly burdensome, or redundant; MERCHANDISE AS SINGLE TRANSACTION.—In the SEC. 1458. ESTABLISHMENT OF DRAWBACK BASED and ON COMMERCIAL INTERCHANGE- case of merchandise that is purchased and ABILITY FOR CERTAIN RUBBER VUL- invoiced as a single entity but— (D) enable the implementation, as soon as pos- CANIZATION ACCELERATORS. ‘‘(1) is shipped in an unassembled or disassem- sible, of the import activity summary statement (a) IN GENERAL.—The United States Customs bled condition in separate shipments due to the authorized by section 411 of the Tariff Act of Service shall treat the chemical N-cyclohexyl-2- size or nature of the merchandise, or 1930 (19 U.S.C. 1411) as a means of— benzothiazolesulfenamide and the chemical N- ‘‘(2) is shipped in separate shipments due to (i) fully separating and removing the linkage tert-Butyl-2-benzothiazolesulfenamide as ‘‘com- the inability of the carrier to include all of the between the functions of collecting revenue and mercially interchangeable’’ within the meaning merchandise in a single shipment (at the in- statistics and the function of determining the of section 313(j)(2) of the Tariff Act of 1930 (19 struction of the carrier), admissibility of goods that must be performed U.S.C. 1313(j)(2)) for purposes of permitting the Customs Service may, upon application by for each shipment of goods entering the United drawback under section 313 of the Tariff Act of an importer in advance, treat such separate States; and 1930 (19 U.S.C. 1313.). shipments for entry purposes as a single trans- (ii) allowing for periodic, consolidated filing (b) APPLICABILITY.—Subsection (a) shall action.’’. of data not required for determinations of ad- apply with respect to any entry, or withdrawal (b) REGULATIONS.—Not later than 6 months missibility. from warehouse for consumption, of the chem- after the date of the enactment of this Act, the (b) SPECIFIC MATTERS.—In preparing the re- ical N-cyclohexyl-2-benzothiazolesulfenamide Secretary of the Treasury shall issue regulations port required by subsection (a), the Secretary of before, on, or after the date of the enactment of to carry out section 484(j) of the Tariff Act of the Treasury shall specifically report on the fol- this Act, that is eligible for drawback within the 1930, as added by subsection (a). lowing: October 13, 2000 CONGRESSIONAL RECORD — SENATE S10581 (1) Import procedures, including specific data Certification TAW–31,402 during any part of the TITLE IV—GRAY MARKET CIGARETTE items collected, that are required prior and sub- period covered by that certification and was COMPLIANCE sequent to the release of goods or conveyances, separated from employment after the expiration SEC. 4001. SHORT TITLE. identifying the rationale and legal basis for of that certification; and This title may be cited as the ‘‘Gray Market each procedure and data requirement, uses of (B) was necessary for the environmental reme- Cigarette Compliance Act of 2000’’. data collected, and procedures or data require- diation or closure of such mining facility. SEC. 4002. MODIFICATIONS TO RULES GOV- (b) EFFECTIVE DATE.—The amendment made ments that could be eliminated, or deferred and ERNING REIMPORTATION OF TO- consolidated into periodic reports such as the by this section shall take effect on the date of BACCO PRODUCTS. import activity summary statement. enactment of this Act. (a) RESTRICTIONS ON TOBACCO PRODUCTS IN- (2) The identity of data and factors necessary TITLE III—EXTENSION OF NONDISCRIM- TENDED FOR EXPORT.—Section 5754 of the Inter- to determine whether physical inspections INATORY TREATMENT TO GEORGIA nal Revenue Code of 1986 is amended to read as should be conducted. follows: (3) The cost of data collection. SEC. 3001. FINDINGS. (4) Potential alternative sources and meth- Congress finds that Georgia has— ‘‘SEC. 5754. RESTRICTION ON IMPORTATION OF odologies for collecting data, taking into ac- (1) made considerable progress toward respect- PREVIOUSLY EXPORTED TOBACCO PRODUCTS. count the costs and other consequences to im- ing fundamental human rights consistent with porters, exporters, carriers, and the Government the objectives of title IV of the Trade Act of ‘‘(a) EXPORT-LABELED TOBACCO PRODUCTS.— ‘‘(1) IN GENERAL.—Tobacco products and ciga- of choosing alternative sources. 1974; (5) Recommended changes to the law, regula- (2) adopted administrative procedures that ac- rette papers and tubes manufactured in the tions of any agency, or other measures that cord its citizens the right to emigrate, travel United States and labeled for exportation under would improve the efficiency of procedures and freely, and to return to their country without this chapter— systems of the United States Government for restriction; ‘‘(A) may be transferred to or removed from regulating international trade, without compro- (3) been found to be in full compliance with the premises of a manufacturer or an export mising the effectiveness of procedures and sys- the freedom of emigration provisions in title IV warehouse proprietor only if such articles are tems required by law. of the Trade Act of 1974; being transferred or removed without tax in ac- cordance with section 5704; SEC. 1462. DRAWBACKS FOR RECYCLED MATE- (4) made progress toward democratic rule and RIALS. creating a free market economic system since its ‘‘(B) may be imported or brought into the (a) IN GENERAL.—Section 313 of the Tariff Act independence from the Soviet Union; United States, after their exportation, only if of 1930 (19 U.S.C. 1313) is amended by adding at (5) committed to developing a system of gov- such articles either are eligible to be released the end the following new subsection: ernance in accord with the provisions of the from customs custody with the partial duty ex- ‘‘(x) DRAWBACKS FOR RECOVERED MATE- Final Act of the Conference on Security and Co- emption provided in section 5704(d) or are re- RIALS.—For purposes of subsections (a), (b), and operation in Europe (also known as the ‘‘Hel- turned to the original manufacturer of such ar- (c), the term ‘destruction’ includes a process by sinki Final Act’’) regarding human rights and ticle as provided in section 5704(c); and which materials are recovered from imported humanitarian affairs; ‘‘(C) may not be sold or held for sale for do- merchandise or from an article manufactured (6) endeavored to address issues related to its mestic consumption in the United States unless from imported merchandise. In determining the national and religious minorities and, as a mem- such articles are removed from their export amount of duties to be refunded as drawback to ber state of the Organization for Security and packaging and repackaged by the original man- a claimant under this subsection, the value of Cooperation in Europe (OSCE), committed to ufacturer into new packaging that does not con- recovered materials (including the value of any adopting special measures for ensuring that per- tain an export label. tax benefit or royalty payment) that accrues to sons belonging to national minorities have full ‘‘(2) ALTERATIONS BY PERSONS OTHER THAN the drawback claimant shall be deducted from equality individually as well as in community ORIGINAL MANUFACTURER.—This section shall the value of the imported merchandise that is with other members of their group; apply to articles labeled for export even if the destroyed, or from the value of the merchandise (7) also committed to enacting legislation to packaging or the appearance of such packaging used, or designated as used, in the manufacture provide protection against incitement to violence to the consumer of such articles has been modi- of the article.’’. against persons or groups based on national, ra- fied or altered by a person other than the origi- (b) EFFECTIVE DATE.—The amendment made cial, ethnic or religious discrimination, hostility, nal manufacturer so as to remove or conceal or by this section shall apply to drawback claims or hatred, including anti-Semitism; attempt to remove or conceal (including by the filed on or after the date of enactment of this (8) continued to return communal properties placement of a sticker over) any export label. Act. confiscated from national and religious minori- ‘‘(3) EXPORTS INCLUDE SHIPMENTS TO PUERTO SEC. 1463. PRESERVATION OF CERTAIN REPORT- ties during the Soviet period, facilitating the re- RICO.—For purposes of this section, section ING REQUIREMENTS. emergence of these communities in the national 5704(d), section 5761, and such other provisions Section 3003(a)(1) of the Federal Reports life of Georgia and establishing the legal frame- as the Secretary may specify by regulations, ref- Elimination and Sunset Act of 1995 (31 U.S.C. work for completion of this process in the fu- erences to exportation shall be treated as includ- 1113 note) does not apply to any report required ture; ing a reference to shipment to the Common- to be submitted under any of the following pro- (9) concluded a bilateral trade agreement with wealth of Puerto Rico. visions of law: the United States in 1993 and a bilateral invest- ‘‘(b) EXPORT LABEL.—For purposes of this (1) Section 163 of the Trade Act of 1974 (19 ment agreement in 1994; section, an article is labeled for export or con- U.S.C. 2213). (10) demonstrated a strong desire to build a tains an export label if it bears the mark, label, (2) Section 181 of the Trade Act of 1974 (19 friendly and cooperative relationship with the or notice required under section 5704(b). U.S.C. 2241). United States; and ‘‘(c) CROSS REFERENCES.— Subtitle C—Effective Date (11) acceded to the World Trade Organization ‘‘(1) For exception to this section for personal SEC. 1471. EFFECTIVE DATE. on June 14, 2000, and the extension of uncondi- use, see section 5761(c). Except as otherwise provided in this title, the tional normal trade relations treatment to the ‘‘(2) For civil penalties related to violations of amendments made by this title shall apply with products of Georgia will enable the United this section, see section 5761(c). respect to goods entered, or withdrawn from States to avail itself of all rights under the ‘‘(3) For a criminal penalty applicable to any warehouse, for consumption, on or after the World Trade Organization with respect to Geor- violation of this section, see section 5762(b). 15th day after the date of enactment of this Act. gia. ‘‘(4) For forfeiture provisions related to viola- tions of this section, see section 5761(c).’’. TITLE II—OTHER TRADE PROVISIONS SEC. 3002. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 (b) CLARIFICATION OF REIMPORTATION SEC. 2001. TRADE ADJUSTMENT ASSISTANCE FOR TO GEORGIA. RULES.—Section 5704(d) of such Code (relating CERTAIN WORKERS AFFECTED BY (a) PRESIDENTIAL DETERMINATIONS AND EX- to tobacco products and cigarette papers and ENVIRONMENTAL REMEDIATION OR CLOSURE OF A COPPER MINING FA- TENSIONS OF NONDISCRIMINATORY TREATMENT.— tubes exported and returned) is amended— CILITY. Notwithstanding any provision of title IV of the (1) by striking ‘‘a manufacturer of’’ and in- (a) CERTIFICATION OF ELIGIBILITY FOR WORK- Trade Act of 1974 (19 U.S.C. 2431 et seq.), the serting ‘‘the original manufacturer of such’’, ERS REQUIRED FOR CLOSURE OF FACILITY.— President may— and (1) IN GENERAL.—Notwithstanding any other (1) determine that such title should no longer (2) by inserting ‘‘authorized by such manufac- provision of law or any decision by the Sec- apply to Georgia; and turer to receive such articles’’ after ‘‘proprietor retary of Labor denying certification or eligi- (2) after making a determination under para- of an export warehouse’’. bility for certification for adjustment assistance graph (1) with respect to Georgia, proclaim the (c) REQUIREMENT TO DESTROY FORFEITED TO- under title II of the Trade Act of 1974, a quali- extension of nondiscriminatory treatment (nor- BACCO PRODUCTS.—The last sentence of sub- fied worker described in paragraph (2) shall be mal trade relations treatment) to the products of section (c) of section 5761 of such Code is certified by the Secretary as eligible to apply for that country. amended by striking ‘‘the jurisdiction of the adjustment assistance under such title II. (b) TERMINATION OF APPLICATION OF TITLE United States’’ and all that follows through the (2) QUALIFIED WORKER.—For purposes of this IV.—On and after the effective date of the ex- end period and inserting ‘‘the jurisdiction of the subsection, a ‘‘qualified worker’’ means a work- tension under subsection (a)(2) of nondiscrim- United States shall be forfeited to the United er who— inatory treatment to the products of Georgia, States and destroyed. All vessels, vehicles, and (A) was employed at the copper mining facil- title IV of the Trade Act of 1974 shall cease to aircraft used in such relanding or in removing ity referenced in Trade Adjustment Assistance apply to that country. such products, papers, and tubes from the place S10582 CONGRESSIONAL RECORD — SENATE October 13, 2000

where relanded, shall be forfeited to the United ‘‘(b) EXEMPTIONS.—Cigarettes satisfying the rotation plan approved by the Federal Trade States.’’. conditions of any of the following paragraphs Commission pursuant to section 4(c) of the Fed- (d) EFFECTIVE DATE.—The amendments made shall not be subject to the requirements of sub- eral Cigarette Labeling and Advertising Act (15 by this section shall take effect 90 days after the section (a): U.S.C. 1333(c)); and date of the enactment of this Act. ‘‘(1) PERSONAL-USE CIGARETTES.—Cigarettes ‘‘(3)(A) if such cigarettes bear a United States (e) STUDY.—The Secretary of the Treasury that are imported into the United States in per- trademark registered for cigarettes, a certificate shall report to Congress on the impact of requir- sonal use quantities that are allowed entry free signed by the owner of such United States ing export warehouses to be authorized by the of tax and duty under subchapter IV of chapter trademark registration for cigarettes (or a per- original manufacturer to receive relanded ex- 98 of the Harmonized Tariff Schedule of the son authorized to act on behalf of such owner) port-labeled cigarettes. United States. stating under penalties of perjury that such SEC. 4003. TECHNICAL AMENDMENT TO THE BAL- ‘‘(2) CIGARETTES IMPORTED INTO THE UNITED owner (or authorized person) consents to the im- ANCED BUDGET ACT OF 1997. STATES FOR ANALYSIS.—Cigarettes that are im- portation of such cigarettes into the United (a) IN GENERAL.—Subsection (c) of section ported into the United States solely for the pur- States; and 5761 of the Internal Revenue Code of 1986 is pose of analysis in quantities suitable for such ‘‘(B) a certificate signed by the importer or an amended by adding at the end the following: purpose, but only if the importer submits at the authorized official of such importer stating ‘‘This subsection and section 5754 shall not time of entry a certificate signed, under pen- under penalties of perjury that the consent re- apply to any person who relands or receives to- alties of perjury, by the consignee (or a person ferred to in subparagraph (A) is accurate, re- bacco products in the quantity allowed entry authorized by such consignee) providing such mains in effect, and has not been withdrawn. free of tax and duty under subchapter IV of facts as may be required by the Secretary to es- The Secretary may provide by regulation for the chapter 98 of the Harmonized Tariff Schedule of tablish that such consignee is a manufacturer of submission of certifications under this section in the United States. No quantity of tobacco prod- cigarettes, a Federal or State government agen- electronic form if, prior to the entry of any ciga- ucts other than the quantity referred to in the cy, a university, or is otherwise engaged in bona rettes into the United States, the person re- preceding sentence may be relanded or received fide research and stating that such cigarettes quired to provide such certifications submits to as a personal use quantity.’’. will be used solely for analysis and will not be the Secretary a written statement, signed under (b) EFFECTIVE DATE.—The amendment made sold in domestic commerce in the United States. penalties of perjury, verifying the accuracy and by this section shall take effect as if included in ‘‘(3) CIGARETTES INTENDED FOR NONCOMMER- completeness of all information contained in section 9302 of the Balanced Budget Act of 1997. CIAL USE, REEXPORT, OR REPACKAGING.— such electronic submissions. SEC. 4004. REQUIREMENTS APPLICABLE TO IM- Cigarettes— ‘‘SEC. 803. ENFORCEMENT. PORTS OF CERTAIN CIGARETTES. ‘‘(A) for which the owner of such United ‘‘(a) CIVIL PENALTY.—Any person who vio- The Tariff Act of 1930 (19 U.S.C. 1202 et seq.) States trademark registration for cigarettes (or a lates a provision of section 802 shall, in addition is amended by adding at the end the following: person authorized to act on behalf of such to the tax and any other penalty provided by ‘‘TITLE VIII—REQUIREMENTS APPLICABLE owner) has consented to the importation of such law, be liable for a civil penalty for each viola- TO IMPORTS OF CERTAIN CIGARETTES cigarettes into the United States; and tion equal to the greater of $1,000 or 5 times the ‘‘(B) for which the importer submits a certifi- ‘‘SEC. 801. DEFINITIONS. amount of the tax imposed by chapter 52 of the cate signed by the manufacturer or export ware- ‘‘In this title: Internal Revenue Code of 1986 on all cigarettes house (or a person authorized by such manufac- ‘‘(1) SECRETARY.—Except as otherwise indi- that are the subject of such violation. turer or export warehouse) to which such ciga- cated, the term ‘Secretary’ means the Secretary ‘‘(b) FORFEITURES.—Any tobacco product, cig- rettes are to be delivered (as provided in sub- of the Treasury. arette papers, or tube that was imported into the paragraph (A)) stating, under penalties of per- ‘‘(2) PRIMARY PACKAGING.—The term ‘primary United States or is sought to be imported into packaging’ refers to the permanent packaging jury, with respect to those cigarettes, that it will the United States in violation of, or without inside of the innermost cellophane or other not distribute those cigarettes into domestic com- meeting the requirements of, section 802 shall be transparent wrapping and labels, if any. Warn- merce unless prior to such distribution all steps forfeited to the United States. Notwithstanding ings or other statements shall be deemed ‘perma- have been taken to comply with paragraphs (1), any other provision of law, any product for- nently imprinted’ only if printed directly on (2), and (3) of subsection (a), and, to the extent feited to the United States pursuant to this title such primary packaging and not by way of applicable, section 5754(a)(1) (B) and (C) of the shall be destroyed.’’. Internal Revenue Code of 1986. stickers or other similar devices. Mr. MOYNIHAN. Mr. President, my ‘‘SEC. 802. REQUIREMENTS FOR ENTRY OF CER- For purposes of this section, a trademark is reg- istered in the United States if it is registered in great thanks to the chairman of the Fi- TAIN CIGARETTES. nance Committee for his efforts in ‘‘(a) GENERAL RULE.—Except as provided in the Patent and Trademark Office under the pro- subsection (b), cigarettes may be imported into visions of title I of the Act of July 5, 1946 (popu- bringing this legislation, the Tariff the United States only if— larly known as the ‘Trademark Act of 1946’), Suspension and Trade Act of 2000, to a ‘‘(1) the original manufacturer of those ciga- and a copy of the certificate of registration of successful conclusion. Last November, rettes has timely submitted, or has certified that such mark has been filed with the Secretary. the World Trade Organization Seattle it will timely submit, to the Secretary of Health The Secretary shall make available to interested Ministerial ended in what The Econo- and Human Services the lists of the ingredients parties a current list of the marks so filed. mist magazine labeled a ‘‘global dis- ‘‘(c) CUSTOMS CERTIFICATIONS REQUIRED FOR added to the tobacco in the manufacture of such aster.’’ Mr. President, our trade policy cigarettes as described in section 7 of the Fed- CIGARETTE IMPORTS.—The certificates that must eral Cigarette Labeling and Advertising Act (15 be submitted by the importer of cigarettes at the of 60 years—first established by Cordell U.S.C. 1335a); time of entry in order to comply with subsection Hull’s Reciprocal Trade Agreements ‘‘(2) the precise warning statements in the (a)(5) are— Act of 1934—was in a crisis. Since then, precise format specified in section 4 of the Fed- ‘‘(1) a certificate signed by the manufacturer the Senate has worked hard to put our eral Cigarette Labeling and Advertising Act (15 of such cigarettes or an authorized official of trade policy back on track. On May 11, U.S.C. 1333) are permanently imprinted on such manufacturer stating under penalties of 2000, Congress passed the Trade and De- both— perjury, with respect to those cigarettes, that velopment Act of 2000, extending pref- such manufacturer has timely submitted, and ‘‘(A) the primary packaging of all those ciga- erential tariff treatment to our friends rettes; and will continue to submit timely, to the Secretary ‘‘(B) any other pack, box, carton, or container of Health and Human Services the ingredient re- in Africa and expanding benefits to our of any kind in which those cigarettes are to be porting information required by section 7 of the neighbors in the Caribbean Basin. Just offered for sale or otherwise distributed to con- Federal Cigarette Labeling and Advertising Act this week, the President signed into sumers; (15 U.S.C. 1335a); law H.R. 4444, authorizing permanent ‘‘(3) the manufacturer or importer of those ‘‘(2) a certificate signed by such importer or normal trade relations for China. And cigarettes is in compliance with respect to those an authorized official of such importer stating today, the Senate has passed—by unan- cigarettes being imported into the United States under penalties of perjury that— imous consent—our third piece of trade with a rotation plan approved by the Federal ‘‘(A) the precise warning statements in the Trade Commission pursuant to section 4(c) of precise format required by section 4 of the Fed- legislation this year, the Tariff Suspen- the Federal Cigarette Labeling and Advertising eral Cigarette Labeling and Advertising Act (15 sion and Trade Act of 2000. There has Act (15 U.S.C. 1333(c)); U.S.C. 1333) are permanently imprinted on not been a year in Congress so produc- ‘‘(4) if such cigarettes bear a United States both— tive on trade issues since 1988, when we trademark registered for such cigarettes, the ‘‘(i) the primary packaging of all those ciga- considered the Omnibus Trade and owner of such United States trademark registra- rettes; and Competitiveness Act and the legisla- tion for cigarettes (or a person authorized to act ‘‘(ii) any other pack, box, carton, or container tion implementing the U.S.-Canada on behalf of such owner) has consented to the of any kind in which those cigarettes are to be Free Trade Agreement. importation of such cigarettes into the United offered for sale or otherwise distributed to con- States; and sumers; and H.R. 4868 contains over 150 tariff sus- ‘‘(5) the importer has submitted at the time of ‘‘(B) with respect to those cigarettes being im- pensions and reductions on a wide entry all of the certificates described in sub- ported into the United States, such importer has range of products, 19 reliquidations of section (c). complied, and will continue to comply, with a prior entries, and 11 technical Customs October 13, 2000 CONGRESSIONAL RECORD — SENATE S10583 provisions, including one which pro- It stands to reason that when we terday on the U.S.S. Cole off the coast vides economic incentives for import- make a significant change in our trade of Yemen. These brave individuals lost ers to recycle. Notably, the bill also relationship with another country—as their lives or suffered injury in defense authorizes the President to grant Geor- when we grant PNTR—we ought to of our country, our values, and our fu- gia permanent normal trade relations, take account of that country’s enforce- ture. This explosion underscores the bringing the total number of nations ment (or lack of enforcement) of core danger that the men and women of our we have normalized trade relations labor standards. Here, the country in Armed Forces face every day, and our with this year to four. issue has a strong record in this area. debt of gratitude for the duty they un- Finally, Mr. President, I would like We ought to recognize that fact, since dertake. to take this opportunity to thank the it reinforces the case for granting All evidence strongly suggests that staff which have worked late nights PNTR. This sends an important signal yesterday’s explosion was a terrorist and long weekends to ensure that the to future PNTR candidates. attack. Such an attack is senseless and Tariff Suspension and Trade Act of 2000 Therefore, I hope that, in conference, cowardly, and those responsible will be was a success. On the Finance Com- we will be able to include a simple rec- found and brought to justice. The mittee Minority staff, Linda ognition of Georgia’s record and its world should know that the President Menghetti, Timothy Hogan, Holly commitment going forward. and the Congress stand united on this Vineyard, and Pat Heck, and on the Mr. MOYNIHAN. The Senator’s point score. Majority staff, Grant Aldonas, Faryar is a good one and I will press it in con- We will not grant the perpetrators an Shirzad, Tim Keeler, and Carrie Clark ference. ounce of satisfaction that they have worked tirelessly to ensure the passage Mr. LOTT. Mr. President, I ask unan- succeeded in altering the way the of this important bill. Polly Craighill, imous consent that the substitute United States conducts business. We of the Legislative Counsel’s Office, amendment be agreed to, the bill be will remain a force for stability. We spent countless hours drafting and re- read a third time and passed, as amend- will continue to press for a negotiated drafting this extensive piece of legisla- ed, the motion to reconsider be laid peace in the Middle East. We will stand tion. Anita Horn and Gary Myrick of upon the table, and that any state- against insecurity and senseless vio- the Minority leadership were also cru- ments relating to the bill be printed in lence in the Middle East and through- cial to its final passage. Mr. President, the RECORD. out the world. We owe that much to we have taken three major steps for- The PRESIDING OFFICER. Without the brave sailors who were killed yes- ward since Seattle, and I hope the mo- objection, it is so ordered. terday. mentum will continue. The committee amendment in the Recent days have also confronted us THE REPUBLIC OF GEORGIA nature of a substitute was agreed to. with a stream of horribly violent inci- Mr. LEVIN. Mr. President, before the The bill (H.R. 4868), as amended, was dents in Israel and the territories. Un- Senate passes the miscellaneous tariff read the third time and passed. fortunately, efforts to end unrest have bill, I would like to bring attention to f yet to succeed. Yesterday two Israeli a provision in the bill that would grant soldiers were killed in a distressing permanent normal trade relations, MAKING A TECHNICAL CORREC- scene of mob violence as protests gave PNTR to the Republic of Georgia. In TION IN THE ENROLLMENT OF way to deadly confrontation. I deplore general, I support the proposition that H.R. 4868 that violence, Mr. President, and I call the time is ripe for Georgia to receive Mr. LOTT. Mr. President, I also ask on Chairman Arafat to raise his voice PNTR. However, I also think we should unanimous consent that the Senate in favor of peace. recognize that the Republic of Georgia proceed to the consideration of S. Con. I have followed with grave concern has demonstrated enforcement of inter- Res. 152, which makes a technical cor- the violence that has gripped Israel and nationally recognized core labor stand- rection in the enrollment of H.R. 4868 the territories for more than two ards. and, further, the resolution be agreed weeks. After years of instability and Georgia grants its citizens the right to and the motion to reconsider be laid violence, this region of the world—so to emigrate. It is a leader in demo- upon the table. riven with religious and strategic in- cratic reform in the Caucuses. It has a The PRESIDING OFFICER. Without terests—was experiencing relative relatively strong human rights record. objection, it is so ordered. calm. This state of affairs was born out It has been shedding its status as a The concurrent resolution (S. Con. of an emerging consensus among all non-market economy, and this year be- Res. 152) was agreed to, as follows: parties in the region that the future came a member of the WTO. And it has S. CON. RES. 152 peace and security of Israel and the been an important strategic partner of Resolved by the Senate (the House of Rep- territories could be decided only the United States. resentatives concurring), That, in the enroll- through negotiation. The outlines of To a certain extent, these accom- ment of the bill (H.R. 4868) to amend the and expectations for a lasting peace plishments are acknowledged in the Harmonized Tariff Schedule of the United were beginning to take shape. A suc- preambulatory clauses to the PNTR States to modify temporarily certain rates cessful conclusion to these negotia- grant. But there is something missing. of duty, to make other technical amend- tions seemed tantalizingly close just There is no recognition of Georgia’s ef- ments to the trade laws, and for other pur- two short months ago when Israel fective record of enforcing internation- poses, the Clerk of the House of Representa- made unprecedented compromises in tives shall make the following correction: ally recognized core labor labor stand- On page 160, line 8, strike ‘‘: and’’ and all the name of peace. ards and its demonstrated commitment that follows through line 10, and insert a pe- In addition to the human toll exacted to continue its protection of worker riod. by the recent string of violent inci- rights in the future. I hope that this f dents, there has been another equally gap can be filled in when the bill goes tragic casualty—at least in the short to conference. SITUATION IN THE MIDDLE EAST term. The events of the past week or so Why should a grant of PNTR to Geor- Mr. DASCHLE. Mr. President, I come have apparently punctured the hope for gia acknowledge that country’s protec- to the floor today to discuss the trou- a quick peace settlement, putting at tion of worker rights and its commit- bling developments in the Middle East. risk the great progress that had been ment to continue protecting worker Given what has happened in the past made toward settling long-standing rights? Because, increasingly, U.S. several days, it is increasingly appar- Israeli-Palestinian differences. More- trade policy is reflecting the link be- ent that we are at a dangerous juncture over, the latest crisis in Israel and the tween trade and labor. Different coun- in a critically important region of the territories also threatens wider re- tries’ different levels of protection of world. The United States can and must gional conflict, as evidenced by the ab- core labor standards have an impact on stay engaged in the Middle East. duction of three Israeli soldiers by trade. We cannot ignore that. Indeed, First and foremost, Mr. President, Hezbollah guerrillas operating out of we affirmatively recognized that fact my heart goes out to the families of Lebanon as well as Iraqi troop move- in both the China/PNTR bill and in the the seventeen sailors reported killed ments. The stakes, Mr. President, are Africa/CBI bill. and the 36 injured in the explosion yes- high and the time is short. S10584 CONGRESSIONAL RECORD — SENATE October 13, 2000 If we are to return to the path of a Congress. And I know him as a man ing, or ‘‘breast cancer summit’’, we peaceful settlement after the events of deeply committed to the finest ideals convened in 1996, but I was not sur- the last two weeks, we must first end of public service, as well as the beliefs prised that he would be there to con- the violence. A cessation of hostilities he so passionately holds. tribute his wisdom and his support. can only be accomplished if all sides Perhaps no one believes more fer- From that summit came legislation demonstrate leadership by condemning vently in the inherent potential of each to establish a national data bank of in- the violence. I am sorely disappointed and every individual than Senator formation on clinical trials involving in Arafat and the Palestinian Author- MACK. For him, it is not government experimental treatments for serious or ity and in the fact that they have al- that creates wealth or success or per- life-threatening diseases. It also man- lowed violence to be carried out with- sonal fulfillment. It is the American dated that a toll-free number be insti- out restraint or comment. people. To give people opportunity—to tuted for patients, doctors and others Preferring instead to blame the vio- give them the skills they need to com- to access this information. lence on what he terms Israeli provo- pete and reach their greatest poten- Senator MACK has literally been in- cations, Arafat has refused to publicly tial—is for Senator MACK perhaps the strumental in securing increased fund- and unequivocally call for an end to greatest end that government can ing for medical research in general, violent protests and confrontations. serve. and indeed for the fiscal year 2000 Palestinian police have failed to con- I have also known Senator MACK as a fought for the inclusion of a $2.3 billion trol mob violence. And efforts at re-es- staunch proponent of fiscal responsi- increase for the National Institutes of tablishing negotiations have been bility, back to the days when it often Health. And he has rightfully called for rebuffed. The result is despicable vio- seemed that talk of balanced budgets funding to NIH to be doubled from lence that has cost far too many inno- was only slightly more fashionable $12.75 billion to over $25 billion over cent lives. than actually balancing the budget. I the next five years. Rather than being unable to control have to believe he must share my sense Finally, Mr. President, to quote a the violence—as Chairman Arafat of wonder as to how far we’ve come, piece from the St. Petersburg Times claims—his silence leaves the impres- and it is thanks in no small part to the from last year, ‘‘the Senate will lose sion that he condones it. The on-again efforts of Senator MACK and those like one of its nicest members.’’ And that is off-again cooperation with Israeli secu- him who have fought for years to make absolutely true. Senator MACK has rity forces suggests that Arafat prefers the current surpluses a reality. strongly held beliefs on the issues, let using violence and the threat of wider Senator MACK has been a strong there be no doubt. war as a negotiating tool. Such tactics voice for the Sunshine State in the But he has always understood the are cynical, dangerous and stand in United States Senate. Most recently, fine but certain distinction between stark contrast to the Oslo process that his tireless efforts in helping to shep- disagreeing and being disagreeable. He brought the region to brink of a com- herd through the Senate the historic has been a credit to the Senate, to prehensive peace just two short months Everglades restoration plan, the Re- Florida, to the nation, and to his fam- ago. storing the Everglades, an American ily. I wish him well as he returns to his Meanwhile Prime Minister Barak has Legacy Act, leaves a positive and last- beloved state and embarks on a new remained committed to negotiations ing mark on Florida and one of our na- chapter in his life—one that I hope will and the Oslo Process. He took great tion’s true natural treasures that will be filled with happiness and good risks at Camp David in July. He offered be appreciated for generations to come. health for him and his wife, Priscilla. remarkable concessions on issues that One could argue, however, that Sen- He will be missed by all those fortu- go to the very core of his country’s his- ator MACK has pursued no other goal nate enough to have worked with him. tory and identity—compromises that with a higher degree of dogged deter- f no one had considered possible before mination than increasing our federal President Clinton convened the Camp CONSIDERATION OF IMMIGRATION investment in medical research. He David talks. MATTERS rightly sees this issue as a matter of Despite subsequent violence provo- Mr. LEAHY. I would like to com- cations, Barak has repeated his inter- national importance, knowing no polit- ical, social, financial, or racial bound- mend Senator REED for allowing us to est in restoring calm, ending the vio- proceed on several important immigra- lence and returning to the negotiating aries. tion matters even though the Repub- table. When he was approached by He recognizes that disease touches lican majority has refused to act on his President Clinton to join an emergency every American family. Certainly, it compelling legislation to do justice for summit, he readily stated his interest has had a profound impact on his own Liberians. Senator REED has been a and willingness in participating. family, including his wife, daughter, And unlike Arafat, Barak has clearly brother, and both parents—as well as persistent advocate for the Liberian denounced violence. He implored affecting his own life. nationals who have fled the strife in Israelis not to participate in the vio- Characteristically, Senator MACK their nation for the United States. He lence when he said, ‘‘I urge our Jewish and his wife, Priscilla, who is a coura- has recognized that the U.S. has a spe- citizens to refrain from attacking geous breast cancer survivor, met these cial relationship with Liberia’s citizens Arabs and their property under any cir- challenges first with courage and dig- and has sought to respect and enhance cumstances.’’ nity, and then with an unyielding de- that relationship. But his efforts have Time is short in the Middle East, Mr. termination to do something about been resisted by the majority, which President. The risk of a wider regional them. has consistently denied his requests to conflict is very real. The first step to- Both have been extremely active in take up his bipartisan bill, which ward assuring that the situation im- spreading the word on the importance would allow Liberians who fled here proves is a strong public statement of early detection. As co-Chair of the and meet certain criteria to become from Chairman Arafat calling for an bipartisan Senate Cancer Coalition, legal permanent residents of the end to the violence. Senator MACK has provided out- United States. I hope that we will f standing leadership on matters relat- change course and address this issue ing to our fight against cancer, and in before we adjourn. I commend the Ad- RETIREMENT OF SENATOR CONNIE particular I have been honored to work ministration for its commitment to in- MACK with Senator MACK on providing great- sist on action. Ms. SNOWE. Mr. President, I rise er funding for breast cancer research. Meanwhile, I am pleased that we today to pay tribute to a friend and an The depth of Senator MACK’s concern were able to pass H.R. 2883, a bill that outstanding public servant who is re- when it comes to this dread disease will confer automatic citizenship upon tiring from the United States Senate cannot truly be measured. Certainly, foreign-born children who are adopted this year after 18 years in public serv- having worked on this issue through- by the American parents. Given the se- ice, Senator CONNIE MACK of Florida. out my tenure in Congress, I was hon- vere curtailment of noncitizens’ rights I have had the privilege of serving ored and thankful for Senator MACK’s under the immigration laws we passed with Senator MACK in both houses of participation in a breast cancer hear- in 1996, it is all the more important to October 13, 2000 CONGRESSIONAL RECORD — SENATE S10585 extend this right to American parents quality designations based on the des- percentage of the Michigan population and their adopted children. Everyone ignations of these areas at the time the would be able to comply with that in the Senate supports adoption, and 1-hour standard was originally re- standard. They would therefore be sub- we should make sure the law expresses voked, rather than rely on the most re- ject to penalties for their inability to that support. cent air quality data. comply with yet another unfunded Many Senators on both sides of the Under this proposed action, six mandate. In any event, I look forward aisle worked hard to see this bill be- Michigan counties would have been in to the opportunity to consider this come law, and I would like in par- nonattainment even though all six issue on its own merit, and urge the ticular to commend Senator LANDRIEU have monitoring data measuring at- EPA to base whatever standard it even- for her efforts. She and her staff were tainment—Midland, Bay, Saginaw, tually proposes on sound science and dedicated to this bill and were instru- Genesee, Muskegon, and Allegan. These even then only after extensive peer re- mental in its passage. are counties that were previously des- view. I hope that we are able today to ignated as nonattainment of the 1-hour f move forward on a number of pieces of standard. Although they were pre- legislation. First, I hope we can pass viously designated as nonattainment, NATIONAL HISPANIC MONTH the bill that extends the program only Muskegon was ‘‘classified’’ under under which religious workers can ob- the classification scheme of the Clean Mr. LEVIN. Mr. President, it is with tain visas to enter the U.S. Senator Air Act. Thus, only Muskegon County great pleasure that I join many of my KENNEDY has championed this legisla- was subject to the major ozone control colleagues in commemorating National tion, it has significant bipartisan sup- programs, but all nonattainment coun- Hispanic Heritage Month. The nation- port, and there is no reason not to act ties are subject to tougher permit and wide celebration of Hispanic heritage quickly to pass it. We should also pass offset requirements. was initiated by the 90th Congress in the bill benefiting Syrian Jews that Even though these counties are now 1968, which designated National His- Senator SCHUMER has advocated, as in attainment, tougher permit stand- panic Heritage Week. Twenty years well as legislation benefiting the ards would have been required for new later, the 100th Congress transformed Hmong people, which the late Con- major stationary sources just because this week into a month, designating gressman Bruce Vento did so much to these counties were previously des- the period of September 15 to October promote. Although many of the larger ignated as nonattainment for the 1- 15 as a time to recognize the Hispanic immigration issues that should have hour standard. Additionally, offset re- influence in and contributions to our been addressed in this Congress—from quirements for major stationary culture and society. reforming expedited removal to restor- sources would have applied. In addi- For over 400 years, Hispanic Ameri- ing due process rights for legal perma- tion, these six counties would have had cans have played a fundamental role in nent residents—may regrettably re- to resume doing transportation and the history of the United States. The main unresolved, we can at least take general conformity for projects receiv- first European expedition in recorded these more limited steps and dem- ing federal funds. Under the revoca- history to land in what is today the onstrate some commitment to immi- tion, conformity was not a require- continental United States was led by grants and a sound immigration policy. ment. Conformity was a continuing re- the former Spanish Governor of the Is- f quirement for redesignated areas. land of Puerto Rico, Juan Ponce de Shortly after the announcement, I Leon. VOTE EXPLANATION made clear to USEPA that in my opin- America’s diverse and vibrant His- Mr. ABRAHAM. Mr. President, I rise ion there was no rational basis for in- panic population has made an enor- today to explain my vote against the tentionally jeopardizing economic de- mous contributions to the building and Boxer amendment No. 4308 to the FY01 velopment and the construction of strengthening of our nation, its cul- VA/HUD Appropriations bill. much-needed road projects in areas ture, and its economic prowess. As we This amendment addressed two that are meeting attainment levels for cross the threshold of a new century, issues which are very important to the 1-hour ozone standard. Further, I we look to the outstanding contribu- Michiganians: clean air and clean noted that EPA should not disregard tions of Hispanic Americans for inspi- water. Unfortunately, whatever the in- air quality improvements made in sev- ration and leadership. My hometown, tentions of the author, the amendment eral areas of the state and should base Detroit, was made great in the twen- would have done more harm than good. any non-attainment designations under tieth century in part by immigrants I particular, I was troubled by the at- this rulemaking on the most current who went there to find work and pro- tempt to strike language which will air quality monitoring data available. vide for their families. This great prevent the EPA from designating To date, I have not been satisfied dream lives on today as thousands of Michigan counties as being in non- with the response from USEPA and for immigrants come to Detroit every year attainment, or not meeting clear air that reason, I supported the language from countries like Mexico, El Sal- requirements. included in the FY01 VA/HUD Appro- vador, Guatemala and Cuba. In fact, On May 14, 1999, the United States priations bill. This language will pre- Southwest Detroit, known as Court of Appeals for the District of Co- vent EPA from designating any Michi- Mexicantown by its residents, is the lumbia Circuit, in American Trucking gan county as nonattainment for the fastest growing part of Detroit. His- Association v USEPA, ruled that the 8- next 12 months or until the courts have panics who have come to Detroit have hour ozone standard as proposed by settled the pending matter, whichever opened businesses, bought homes and EPA be remanded to EPA for further happens first. In fact, I understand that turned a once neglected urban neigh- consideration. The 8-hour standard was EPA actually agreed to this language borhood into a thriving community therefore suspended. The court specifi- in a compromise with the house. that has become one of the centers of cally noted that USEPA retains the It was unfortunate that the Boxer the city. power to designate areas as nonattain- amendment also sought to permit EPA One woman, Maria Elena Rodriguez, ment under a revised national Ambient to move forward on a new arsenic has had a lot to do with this turn- Air Quality Standard (NAAQS), how- standard. This is an issue which I be- around. Her hard work as president of ever, there must be a legal standard in lieve merits independent consideration. the Mexicantown Community Develop- place before USEPA makes such des- I understand the arsenic standard has ment Corporation has helped to provide ignations. Since the 8-hour standard not been updated in almost 60 years. the spark needed to reinvigorate a was remanded, it is not legal NAAQS. However, I am concerned that the push community. Ms. Rodriguez is currently In response, EPA announced its in- to lower the standard to 5ppb from the in the process of helping to build a wel- tention to reinstate applicability of the current 50ppb may be too extreme. come center for people coming into De- one-hour ozone standard. However, in While large water systems may be able troit across the Ambassador Bridge, an determining which communities were to comply with such a strict require- effort she hopes will fulfil her mission in nonattainment under the one-hour ment, I am not at all certain that to bring more business and visitors to standard, EPA intended to make air smaller systems which serve a great her neighborhood. S10586 CONGRESSIONAL RECORD — SENATE October 13, 2000 Hispanic contributions to Michigan 8. Provisions in the contracts that require of gun violence in our schools and com- businesses abound. The Kellogg Com- heating oil to be refined from the SPR oil. munities. pany, founded and headquartered in 9. Provisions in the contracts that require heating oil refined from the SPR oil to be de- (At the request of Mr. DASCHLE, the Battle Creek, Michigan, has millions of livered to the Northeast market. following statement was ordered to be customers in over 160 countries, and is 10. Provisions in the contracts that pro- printed in the RECORD.) the world’s leading producer of cereal. hibit the export of the SPR oil or petroleum Its CEO is Carlos Gutierrez, who start- product refined from the SPR oil, including f ed with Kellogg’s as a sales representa- export by exchange. tive in Mexico City, and after 25 years Please provide the Committee with this in- formation as soon as possible, no later than THE COUNTERTEROURISM ACT OF with the company is now in charge of 12:00 p.m., Monday, October 16, 2000. If you or 2000 this global giant. your staff have any questions you may con- ∑ Education has long played a promi- tact Mr. Brian Malnak (224–4970). Mrs. FEINSTEIN. Mr. President, I nent role in Hispanic culture. The first Sincerely, am delighted to join my good friend free integrated public school was estab- FRANK H. MURKOWSKI, Senator JON KYL in sponsoring S. 3205, lished in St. Augustine, Florida in Sep- Chairman. the Counterterrorism Act of 2000. This tember of 1787. On March 31, 2000 Re- f bill, introduced last night, seeks to im- becca Arenas was awarded the ‘‘Caesar OUR PART FOR SCHOOL SAFETY prove our ability to prevent and re- Chavez Civil Rights Achievement spond to terrorist attacks. Mr. LEVIN. Mr. President, over the Award’’ for her work to better the lives last few years, high profile school In light of the events yesterday in of Hispanics in general, and migrant shootings across this country have left the Middle East, there can be no doubt workers in particular. Rebecca’s par- teachers, parents, and students scared of the need for this legislation, and I ents brought her to Michigan at the and confused. In response, the FBI has urge my colleagues to act quickly to age of 5 from Crystal City, Texas. Her conducted an exhaustive study on pass this important bill. parents were migrant workers who school shootings in an effort to assess, All the evidence now indicates that chose to stay in Michigan because they intervene and prevent such tragedies the cowardly and reprehensible attack believed it would allow Rebecca to from occurring in the future. The re- on the U.S. Navy destroyer U.S.S. Cole have a better education. Because of the port, entitled, ‘‘School Shooter: A yesterday in Aden was a terrorist sui- actions of her parents, Rebecca devel- Threat Assessment Perspective,’’ rec- cide attack. It appears that the bomb- oped a commitment to education that ommends specific steps for school offi- ers had infiltrated the port’s harbor op- would last a lifetime. Rebecca passed cials to take to prevent youth violence. erations and carefully planned the op- this commitment to education onto her The report notes that in the vast ma- eration. It is fortunate that the explo- children, all seven of whom have re- jority of cases, kids do not turn violent sion did not set off Tomahawk cruise ceived a post-secondary education. In overnight. Instead, those who become missiles or other ordnance on board, addition to the ‘‘Caesar Chavez’’ award, violent tend to exhibit increasingly causing even more devastation. Rebecca has received recognition on disturbing patterns of behavior as their If found to be a terrorist incident, numerous other occasions because of fascination with violence builds. By the attack on the U.S.S. Cole would be her work in education, health care, and learning to recognize these behavioral the worst against the U.S. military voter registration. For these and countless others rea- signs, teachers and students can be pre- since the bombing of an Air Force bar- sons, it is a pleasure for me to stand pared to investigate and intervene be- racks in Saudi Arabia killed 19 airmen today with my Senate colleagues in fore potentially violent situations get in 1996. It would also be the worst at- commemorating National Hispanic out of control. tack on a Navy ship since an Iraqi mis- Heritage Month. The FBI report goes on to suggest sile struck an American guided-missile f specific measures schools can take to frigate in 1987, killing 37 sailors. head off potential shootings. The re- STRATEGIC PETROLEUM RESERVE My heart goes out to the families of port recommends that students and the American sailors who were killed Mr. MURKOWSKI. Mr. President, I faculty should be trained to recognize or injured or who are still missing. ask unanimous consent that a letter certain warning signs that students Their tragedy underlines the constant dated Oct. 11, 2000, to Secretary Rich- may be considering committing violent danger faced by our armed forces ardson from myself be printed in the acts; groups of faculty and students around the world and the need for this RECORD. should be established to encourage stu- country to remain vigilant in pro- There being no objection, the letter dents not to keep silent when they rec- tecting them from terrorist and other was ordered to be printed in the ognize potential threats; programs attacks. RECORD, as follows: should be developed to teach parents to The attack on the U.S.S. Cole was no COMMITTEE ON recognize behavior that may indicate isolated incident. In fact, just today, a ENERGY AND NATURAL RESOURCES, that their children are prone to acts of bomb was hurled at the British em- Washington, DC, October 11, 2000. violence. In addition to these preven- Hon. BILL RICHARDSON, bassy in Yemen, causing a massive ex- tive measures, the FBI recommends plosion. Secretary of Energy, U.S. Department of En- that schools establish specially trained ergy, Washington, DC. I believe that we need to take strong DEAR MR. SECRETARY: I am writing to re- Threat Assessment Teams to handle evaluating and responding to threats if action to combat terrorism. There is quest that the Department provide the Com- no question that terrorist attacks will mittee the following information with re- and when they arise. spect to the proposed exchange of 30 million The FBI warns teachers, parents, and continue and that they will become barrels of crude oil from the Strategic Petro- students that they should not ignore more deadly. Terrorists today often act leum Reserve: any threat of violence. We in Congress out of a visceral hatred of the U.S. or 1. A list of the bidders for the SPR oil. the West and seek to wreak maximum 2. For each bidder, the date on which their should follow the same advice. Yet, while parents and school officials are destruction and kill as many people as bid was submitted, the amount of SPR oil possible. they bid for and the bid they made. pursuing more vigorous responses to 3. For each winning bidder, the amount and potential violence, we in Congress At the same time, I believe that our type of SPR oil they were awarded and the seem to be less responsive to such dan- counterterrorism policy must be con- terms of the award. ger. Over the last few years, many of us ducted in a way that remains con- 4. For each winning bidder, the assurance sistent with our democratic values and they provided that they will be able to re- in Congress have continually tried to turn oil to the SPR as is required. close the loopholes in our laws that our commitment to an open, free soci- 5. Why DOE did not have any financial permit school children to gain access ety. qualification for bidders. to firearms. Unfortunately, our efforts To help avert attacks such as those 6. For each losing bidder, the reasons why have been stymied by the leadership in on the U.S.S. Cole, Senator KYL and I their bid was not accepted. 7. A list of all persons who the Department the House of Representatives. In a few have introduced S. 3205. This legisla- contacted to inform them of the proposed ex- weeks, this session of Congress will tion implements major recommenda- change, and the means by which such person come to an end. Before we adjourn, tions from a bipartisan, blue-ribbon was contacted. let’s do our part and reduce the threat commission on terrorism. October 13, 2000 CONGRESSIONAL RECORD — SENATE S10587 Specifically, the bill aims to review laws that block Federal annuitants and and women have made the ultimate legal authority for responding to cata- their spouses from collecting full So- sacrifice in service to their country. strophic terrorist attacks and increase cial Security benefits. Because of the The loss is felt by the entire nation, long-term research and development to current budget rules requiring the off- and the entire nation grieves with you counter such attacks, improve controls setting of spending cuts or tax in- and expresses gratitude for your sac- on biological pathogens and equipment creases, passage of these reforms have rifice. that could be used in a terrorist as- been complicated. October 13, 1775, was the day that the sault, discourage terrorist fundraising, We should not penalize people who Continental Congress established a improve the sharing of information have worked hard and contributed to ‘‘Naval Committee’’ to acquire and fit about terrorists, keep Syria and Iran the country simply because they out vessels for sea and draw up regula- on the list of countries that sponsor worked for the Federal government and tions. By the following month the com- terrorism, and fully reimburse counter- receive a Federal pension. This Senate mittee procured two ships, two brigs intelligence personnel for insurance must consider these bills a priority, and later two sloops and two schooners. they purchase to protect themselves and seriously review the offsets nec- From these modest beginnings, the from professional liability. essary to achieve these essential and greatest Navy in the world has grown. In many ways, the Kyl-Feinstein fair changes. I believe that we need to Down through the years, the Navy has Counterterrorism Act of 2000 is a coun- enforce a budget discipline which will been central to the history of this na- terpart bill to the Justice for Victims balance the budget without borrowing tion, and ever-integral to her longevity of Terrorism Act that just passed the payroll tax dollars from the Social Se- and prosperity. Senate 95 to 0. That legislation, of curity trust fund and any other federal Mr. President, I had the honor of which I was a chief cosponsor, will trust funds. However, now that the serving in the Navy. Perhaps my great- make it easier for American victims of budget is balanced, we should first re- est honor during my service as a young terrorism abroad to collect court- store the change that helped bring us naval intelligence officer was working awarded compensation and to ensure toward fiscal soundness. for Admiral Arleigh ‘‘31-Knot’’ Burke, that the responsible state sponsors of Finally, I wish to address the avail- when he was Chief of Naval Operations. terrorism pay a price for their crimes. ability of health insurance premium A heroic WWII destroyer squadron The act also contained an amendment I conversion arrangements. As my col- commander, Admiral Burke was truly authored with Senator PATRICK LEAHY leagues may be aware, no Senate legis- a man of vision. Under his tutelage I that will provide faster and better as- lation has been introduced, but H.R. learned valuable lessons about the sistance to victims of terrorism 4277 has been introduced in the House. Navy’s place in our history, but also abroad. This legislation, which has Under the provisions of this bill, the about the key role it plays today in ec- passed the House as well, will now go Office of Personnel Management, OPM, onomics, science, politics, and inter- the desk of President Clinton, who will would be directed to take necessary national relations. Then as now, the sign it. measures to ensure that enrollees have world was an uncertain place, and the While I strongly support assisting the option to paying charges out of Navy played a vital role in calming the terrorist victims, I also believe that we pre-tax earnings. This would ensure waters. need to do more to prevent Americans equal premium tax treatment for fed- Admiral Burke is the namesake for from becoming victims of terrorism in eral workers and retirees. I urge my the class of destroyers to which the the first place. And I believe that we House and Senate colleagues to provide U.S.S. Cole belongs. The Cole tragedy should act now—before terrorists full consideration to this legislation, brings the spotlight on the Navy and strike again, killing and injuring more and bring Federal employees and retir- the day-in, day-out honor, courage and Americans and leaving more families ees pay and benefit equity and fairness. commitment of her sailors. At the grieving. I urge Congress to act pass S. Mr. President, these are just three commissioning of the lead ship in the 3205 before we adjourn.∑ issues of concern to me and my con- class, Admiral Burke stated fittingly f stituents. While enactment of the long- ‘‘This ship is built to fight, you had term care bill was a great step forward, better know how.’’ A quote reminiscent CONGRESS MUST ADDRESS IN- I must reiterate my call for more work of Captain John Paul Jones legendary EQUITIES SUFFERED BY FED- to be done. I am hopeful that we may declaration: ‘‘I wish to have no connec- ERAL RETIREES make a serious effort on this legisla- tion with any ship that does not sail Mr. JOHNSON. Mr. President, I rise tion on the few remaining days of the fast, for I intend to go in harm’s way.’’ today to commend the Congress and 106th Congress. These concerns will not These are the best ships in the world, the President on the recent enactment go away, and I know we will surely be manned by the world’s best Sailors, but of S. 2420, the bill to provide long-term hearing about the GPO, WEP, and pre- they are not impregnable fortresses, healthcare insurance for federal em- mium conversion in the next Congress they do sail in harm’s way. ployees. As the nation’s largest em- is we do not take action this year. Many have expressed incredulity at ployer, we have set an example for the f the attack on the warship Cole. But, private sector in establishing a long- she was in a vulnerable situation— term care insurance program for fed- 225TH BIRTHDAY OF THE UNITED coming pierside to replenish fuel in a eral workers and retirees. At least thir- STATES NAVY presumed-benign environment. The teen million people are expected to Mr. LUGAR. Mr. President, I ask my task that was to occupy Cole and her benefit from this far-sighted effort, but colleagues to join me in commemo- crew over the next several months— there is more work to be done on those rating the 225th birthday to the United maritime interdiction duty in the Per- issues affecting current and former States Navy, by passing Senate Resolu- sian Gulf—was more precarious. Ships Federal employees. Today, I wish to tion 373. Several of the Senate’s other refuel in foreign ports daily as they highlight three proposals on which I veterans of naval service have joined have for many years. But this tragedy have received much correspondence me in sponsoring this resolution and I is a reminder that the peace and pros- from my constituents: repeal of the thank Senator MCCAIN, Senator MOY- perity we enjoy is not without cost, nor Government Pension Offset, GPO, NIHAN, Senator WARNER, Senator COCH- are the commitments we make to our elimination of the Social Security RAN, Senator ROBB, Senator BOB SMITH, allies. Windfall Elimination Provision, WEP; Senator MILLER, Senator BOB KERREY The U.S.S. Cole is one of the Navy’s and, health insurance premium conver- and Senator JOHN KERRY. finest warships—one of 318 operational sion availability. While we like to celebrate on a birth- ships. 4108 Navy aircraft are also oper- I am a cosponsor of S. 717, Senator day, we must pause in solemn reflec- ational today. 42 percent of those ships MIKULSKI’s proposal to reform the tion, for yesterday, the Navy family are away from homeport and 32 per- GPO. Additionally, I am a supporter of suffered a tragic loss. I send my heart- cent, like the Cole and the U.S.S. initiatives in the House of Representa- felt condolences to the U.S.S. Cole and George Washington Battlegroup, of tives to eliminate the WEP. Both her extended family. Like thousands of which she was a member, are deployed. pieces of legislation alleviate current Sailors before them, these brave men These numbers provide a snapshot of S10588 CONGRESSIONAL RECORD — SENATE October 13, 2000 the Navy’s diligence around the globe. ophy at the Catholic University of that nine of the 198 Blue Ribbon Their involvement in contingency op- America in Washington, D.C., where he Schools named by Secretary Richard erations over the last 10 years is also also earned his licentiate in Canon law. W. Riley for 1999–2000 are located in the very telling. From 1946 to 1989 (44 Upon the recommendation of Bishop State of Michigan, and I rise today to years) the U.S. Navy responded to 195 Odore Gendron, the seventh Bishop of recognize Donald L. Bemis Junior High crises, while from 1990 to 1999 (10 years) Manchester, Pope John Paul II ap- School in Sterling Heights, Michigan, the Navy responded to 122 crises. Such pointed Reverend Norman Bolduc as a one of these nine schools. optempos demand much of the men and Chaplain to His Holiness with the title The mission of Donald L. Bemis Jun- women in uniform, and their loved ones of Monsignor in 1991. As Chancellor, ior High is to educate its students in back home. It also places tremendous Monsignor Bolduc was the third-rank- the development of knowledge, prob- stress on our ships and aircraft. While ing official in the diocese. He served as lem solving, and acceptance of others. deployed battlegroups have maintained the bishop’s Secretary for Pastoral Curriculum places primary emphasis their readiness, they often do so at the Services and represented the bishop in on basic skills to promote essential expense of non-deployed units. In my Concord, New Hampshire, speaking on knowledge and challenge students to view, we must maintain our commit- legislative matters. Reverend Edward achieve at the highest levels they are ment to support the fleet and ensure Arsenault, Secretary for Administra- capable of attaining. Students are they continue to be the best equipped tion of the diocese, noted Monsignor taught tolerance as conflict resolution in the world. We have a distinct re- Bolduc’s keen intellect and his ‘‘great strategies have been integrated into sponsibility to our Navy, not to blindly ability to explain and teach the this curriculum. In addition, character increase ship production in response to church’s teaching. He was a noted and building is taught and modeled within rampant deployment rates, but to en- gifted homilist.’’ the school climate. The whole of this sure we are ready to face clearly de- Monsignor Bolduc was a talented curriculum is designed to provide stu- fined missions and threats. baseball player, an avid golfer and had dents with the building blocks they Today, as in the future, America re- a passion for travel, often traveling to need to construct positive ideals which lies on its Navy. For 225 years, the foreign lands. Many New Hampshire they can carry with them for the rest Navy has responded to each new de- residents were fortunate to share his of their lives. mand and comes through in the clutch. love of travel and accompanied him on Technology has recently begun to Ever-present, around the globe, min- pilgrimages to the Holy Land. Mon- play a large role in the program as utes away from crises as they occur, signor Bolduc was the eldest of seven well. Each classroom at Bemis is today’s Navy is deterring would-be ag- children. He was the loving son of Nor- equipped with a television and VCR, al- gressors; and providing fledgling de- man Sr. and Cecile Bolduc of Laconia, lowing students to be a part of a world- mocracies with visible reassurance of New Hampshire. Monsignor Bolduc was wide telecommunications system and U.S. support. Daily, Navy men and a caring brother and devoted uncle to providing teachers with audio-visual women are our ambassadors in ports of his eleven nieces and nephews. He en- communication throughout the entire call and as participants in multi-na- joyed his family life and cherished the school. There are at least two com- tional operations and exercises. As one time he spent with all of them. puters in each classroom, which are of the eleven members of this Senate to As Bishop John B. McCormack re- hooked up to two building servers as have worn the Navy uniform, I am membered his faithful and devoted col- well as the Internet. Bemis also has pleased to share my pride in our sea league during the Funeral Mass cele- three computer laboratories, from service with all who have worn Navy brated at Saint Joseph’s Cathedral he which teachers and students can easily blue down through the years. I also reminded us all that, ‘‘It is clear that access personal files which have been send greetings to the 373,910 men and God does give, but God also takes set up for them. There is no doubt that women on active duty today, the away. It is clear whether we live or die, technology is revolutionizing the way 182,970 ready reservists, and the ex- we are all the Lord’s.’’ Monsignor that students are taught throughout tended Navy family of civilian per- Bolduc honorably served our nation our Nation. There is also no doubt that sonnel, families and loved ones. and the Roman Catholic Church and Bemis Junior High has been on the As we celebrate this 225th birthday, I will be greatly missed by all those who forefront of employing it for positive close solemnly, and offer the first verse were blessed by his presence and min- purposes. of the Navy Hymn in memory of those istry. As Holy Scripture says in Psalm Perhaps the greatest key to the suc- who have most recently perished in 116, ‘‘Precious in the eyes of the Lord is cess of Bemis Junior High though has service to their Navy and their coun- the death of the faithful ones.’’ May been the collaborative decision making try: God bless Norman Sr., Cecile and Mon- process which has been developed by parents, teachers and students. This Eternal Father, Strong to save, signor Boduc’s siblings, nieces and Whose arm hath bound the restless wave, nephews as they mourn the loss of process involved an overall dedication Who bid’st the mighty Ocean deep their loved one. to the Bemis Junior High community, Its own appointed limits keep; I am honored to have served the Rev- and relies upon keeping lines of com- O hear us when we cry to thee, erend Monsignor Norman Bolduc in the munication open through parental con- for those in peril on the sea. United States Senate. May God bless tacts, open houses, parent-teacher con- f him and grant him eternal peace.∑ ferences, the Parent Sounding Board, f and the Student Council. Also present ADDITIONAL STATEMENTS and a part of this process is the School DONALD L. BEMIS JUNIOR HIGH Improvement Team, made up of staff SCHOOL NAMED BLUE RIBBON and students focusing upon issues to TRIBUTE TO MONSIGNOR BOLDUC SCHOOL FOR 1999–2000 enhance student achievement. All of ∑ Mr. SMITH of New Hampshire. Mr. ∑ Mr. ABRAHAM. Mr. President, in these efforts lead to a well informed President, I rise today to pay tribute 1982, the United States Department of school community, which has been the to Reverend Monsignor Norman P. Education initiated its Blue Ribbon most important aspect in the develop- Bolduc, 48, Chancellor of the Diocese of Schools Program. In each year since, ment of Bemis Junior High. Manchester, as New Hampshire mourns the Department has recognized schools Mr. President, I applaud the stu- his tragic loss. throughout the country which excel in dents, parents, faculty and administra- Monsignor Bolduc was ordained a all areas of academic leadership, teach- tion of Bemis Junior High, for I believe priest in April 1979 after entering his ing and teacher development, and this is an award which speaks more to religious training at Saint Thomas school curriculum. In other words, the effort of a united community than Seminary in Connecticut at the tender Blue Ribbon Schools are the finest pub- it does to the work of a few individuals. age of 13. As a Lieutenant Colonel, lic and private secondary schools our With that having been said, I would Monsignor Bolduc served as a Chaplain Nation has to offer. They are the like to recognize Mrs. Joyce A. Spade, of the United States Air Force Re- schools that set the standard for which Principal of Bemis Junior High, whose serves. He earned a master’s in philos- others strive. I am very proud to report dedication to making her school one of October 13, 2000 CONGRESSIONAL RECORD — SENATE S10589 the finest in our Nation has been in- effort to ensure that their school is as Mr. Hays, one of its reading clerks, an- strumental in creating this commu- safe as possible. There is zero tolerance nounced that the House has passed the nity. On behalf of the entire United regarding weapons, violence, threats of following bills, in which it requests the States Senate, I congratulate Donald violence and the use of alcohol or other concurrence of the Senate: L. Bemis Junior High School on being drugs. A building security plan is in H.R. 4345. An act to amend the Alaska Na- named a Blue Ribbon School for 1999– place and practiced on a regular basis, tive Claims Settlement Act to clarify the 2000, and wish the school continued and an evacuation plan is in place to process of allotments to Alaskan Natives success in the future.∑ safeguard students and staff in an who are veterans, and for other purposes. H.R. 4853. An act to redesignate the facil- f emergency or crisis. In addition, a sup- port network has been established at ity of the United States Postal Service lo- cated at 1568 South Glen Road in South Eu- ADLAI E. STEVENSON HIGH Stevenson High School so effective SCHOOL NAMED 1999–2000 BLUE clid, Ohio, as the ‘‘Arnold C. D’Amico Sta- that students trust the administration tion.’’ RIBBON SCHOOL and faculty enough to forewarn them H.R. 5083. An act to extend the authority of ∑ Mr. ABRAHAM. Mr. President, in of potential problems. This is due to the Los Angeles Unified School District to 1982, the United States Department of the success of student organizations use certain park lands in the city of South Education initiated its Blue Ribbon such as the Students Offering Services Gate, California, which were acquired with Schools Program. In each year since, Club, the Renaissance Club, the Cul- amounts provided from the land and water the Department has recognized schools tural Diversity Council and the Peer conservation fund, for elementary school purposes. throughout the country which excel in Mediation Program. Because of these H.R. 5174. An act to amend titles 10 and 18, all areas of academic leadership, teach- support groups, students feel connected United States Code, and the Revised Stat- ing and teacher development, and to the school and to each other, and utes to remove the uncertainty regarding school curriculum. In other words, know that they are valued as individ- the authority of the Department of Defense Blue Ribbon Schools are recognized be- uals. to permit buildings located on military in- cause they are the finest public and Mr. President, I applaud the stu- stallations and reserve component facilities private secondary schools our Nation dents, parents, faculty and administra- to be used as polling places in Federal, State, tion of Stevenson High School, for I be- and local elections for public office. has to offer. They are the schools that H.R. 5417. An act to rename the Stewart B. set the standard for which others lieve this is an award which speaks McKinney Homeless Assistance Act as the strive. I am very proud to report that more to the effort of a united commu- ‘‘McKinney-Vento Homeless Assistance nine of the 198 blue Ribbon Schools nity that it does to the work of a few Act.’’ names by Secretary Richard W. Riley individuals. With that having been The message also announced that the for 1999–2000 are located in the State of said, I would like to recognize Mr. Don- House has agreed to the following con- Michigan, and I rise today to recognize ald R. Nawrocki, the Principal of Ste- current resolutions, in which it re- Adlai E. Stevenson High School in venson High School, whose dedication quests the concurrence of the Senate: to making his school one of the finest Sterling Heights, Michigan, one of H. Con. Res. 423. Concurrent resolution au- these nine schools. in our Nation has been instrumental in thorizing the use of the Capitol Grounds for The mission of Stevenson High creating this community. On behalf of the Million Family March. School is to provide every student with the entire United States Senate, I con- H. Con. Res. 427. Concurrent resolution di- a positive learning environment, which gratulate Adlai E. Stevenson High recting the Clerk of the House to correct the will allow them to feel a part of a School on being named a Blue Ribbon enrollment of H.R. 2415. School for 1999–2000, and wish the H. Con. Res. 428. Concurrent resolution school community while at the same providing for corrections in the enrollment time achieving their greatest potential school continued success in the fu- ture.∑ of the bill (H.R. 5164) amending title 49, as responsible and contributing mem- United States Code, to require reports con- bers of society. This mission is re- f cerning defects in motor vehicles or tires or flected in Stevenson’s motto, ‘‘School MESSAGES FROM THE HOUSE other motor vehicle equipment in foreign of Champions,’’ symbolizing the impor- countries, and for other purposes. At 10:00 a.m., a message from the tance that the faculty and administra- The message further announced that House of Representatives, delivered by tion place on developing champions in the House has agreed to the amend- Mr. Hays, one of its reading clerks, an- all aspects of life. Students are treated ments of the Senate to the bill (H.R. nounced that the House has agreed to with dignity and with respect, as fac- 34) to direct the Secretary of the Inte- the report of the committee of con- ulty view this as the most effective rior to make technical corrections to a ference on the disagreeing votes of the method to help them achieve excel- map relating to the Coastal Barrier Re- two Houses on the amendment of the lence in school and in life of which Senate to the bill (H.R. 4392) to author- sources System. The message also announced that the they are capable. ize appropriations for fiscal year 2001 Indeed, the commitment of the fac- House has agreed to the amendment of for intelligence and intelligence-re- ulty and administration towards mak- the Senate to the bill (H.R. 4002) to lated activities of the United States ing their school achieve to the highest amend the Foreign Assistance Act of Government, the Community Manage- level has been the most important key ment Account, and the Central Intel- 1961 to revise and improve provisions in it actually achieving at this level. 85 ligence Agency Retirement and Dis- relating to famine prevention and free- percent of the 94 professional staff ability System, and for other purposes. dom from hunger. members hold masters, specialist or The message also announced that the The message further announced that doctorate degrees. All staff serve on House has agreed to the amendments of the House has agreed to the amend- one of four target-goal committees, the Senate to the bill (H.R. 3292) to ment of the Senate to the bill (H.R. which is only one example among provide for the establishment of the 4386) to amend title XIX of the Social many of how the faculty and adminis- Cat Island National Wildlife Refuge in Security Act to provide medical assist- tration work cooperatively to facili- West Feliciana Parish, Louisiana. ance for certain women screened and tate both teaching and learning. They ENROLLED BILLS SIGNED found to have breast or cervical cancer also take an active role in curriculum The message further announced that under a federally funded screening pro- development, from researching new the Speaker has signed the following gram, to amend the Public Health textbooks and other classroom mate- enrolled bill: Service Act and the Federal Food, rials to serving on curriculum commit- H.J. Res. 111. Joint resolution making fur- Drug, and Cosmetic Act with respect to tees at the district level. The faculty ther continuing appropriations for the fiscal surveillance and information con- and administration recently witnessed year 2001, and for other purposes. cerning the relationship between cer- the success of their efforts, as Steven- The enrolled bill was signed subse- vical cancer and the human son High School recently completed its quently by the President pro tempore papillomavirus (HPV), and for other five-year journey to achieve North Cen- (Mr. THURMOND). purposes. tral Outcome-Based Accreditation. The message also announced that the The administration at Stevenson At 10:54 a.m., a message from the House has passed the following concur- High School has also made a concerted House of Representatives, delivered by rent resolution, without amendment: S10590 CONGRESSIONAL RECORD — SENATE October 13, 2000 S. Con. Res. 149. Concurrent resolution to ment of the bill H.R. 4868; considered and Mr. President, I have read far too correct the enrollment of H.R. 3244. agreed to. many stomach-churning accounts of f f both female and male rape victims, at every age, where early knowledge of a EXECUTIVE AND OTHER STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS sex offender’s HIV status—positive or COMMUNICATIONS negative—may have spared the victim The following communications were By Mr. ABRAHAM: unnecessary mental anguish, or pos- laid before the Senate, together with S. 3206. A bill to amend the Omnibus sibly, may have spared the victim’s accompanying papers, reports, and doc- Crime Control and Safe Streets Act of life. At this time, I would like to share uments, which were referred as indi- 1968 to provide additional protections a few of these sad stories with my col- cated: to victims of rape; to the Committee leagues. on the Judiciary. EC 11152. A communication from the As- In the summer of 1996, a seven year sistant Bureau Chief, Management, Inter- THE VICTIMS OF RAPE HEALTH PROTECTION ACT old girl was brutally raped by a 57 year national Bureau, Satellite and Radiocom- Mr. ABRAHAM. Mr. President, I rise old man. The little girl and her five munications Division, Federal Communica- today to introduce the Victims of Rape year old brother had been lured to a se- tions Commission, transmitting, pursuant to Health Protection Act. This legislation cluded, abandoned building in the East law, the report of a rule entitled ‘‘Report and would facilitate health treatment of New York section of Brooklyn. The Order in the Matter of the Establishment of rape victims by empowering victims Policies and Service Rules for the Mobile man raped and sodomized the girl. Her Satellite Service in the 2 GHz band’’ (IB with the ability to determine at an brother, meanwhile, was beaten, tied Docket No. 99–81, FCC 00–302) received on Oc- early date whether or not their up and forced to witness his sister’s tober 12, 2000; to the Committee on Com- attacker carried the Human Immuno- rape. After the man’s arrest, the de- merce, Science, and Transportation. deficiency Virus (HIV), the virus that fendant refused to be tested for HIV. EC 11153. A communication from the Direc- causes AIDS. His refusal was permitted by the tor of the Office of Management and Budget, Mr. President, in addition to a rape state’s laws. The man latter told the Executive Office of the President, transmit- survivor being forced to live with the ting, pursuant to law, an appropriations re- police he was infected with HIV. horrific elements commonly associated In New Jersey, three boys gang-raped port for the Department of Defense Appro- with the act of rape, rape victims si- priations Act for fiscal year 2001; to the Com- a 10 year-old mentally-retarded girl. mittee on the Budget. multaneously are threatened by yet The girl’s family demanded that the EC 11154. A communication from the Direc- another cruel aggressor, the HIV dis- boys be tested for HIV; these requests tor of the Office of Management and Budget, ease. Current medical technology is were denied. Three years after the girl Executive Office of the President, transmit- limited in its ability to detect HIV in was raped and the boys were convicted, ting, pursuant to law, a pay-as-you-go report the body during the initial stages of in- the family was still fighting to learn (No. 513) dated September 29, 2000; to the fection; as such, if the victim must rely Committee on the Budget. the HIV status of the rapists. on self-testing alone, the presence of A Maryland man with HIV sexually EC 11155. A communication from the Dep- HIV may not be evident for months. uty Associate Administrator, Office of Ac- assaulted an 11 year-old boy for over a quisition Policy, General Services Adminis- Reports from both the American year. It was not until the man’s trial tration, transmitting, pursuant to law, the Medical Association and a study pub- that it was learned he was infected. report of a rule entitled ‘‘Federal Acquisi- lished in the April, 1997, New England Mr. President, I do not believe I need tion Regulation Federal Acquisition Circular Journal of Medicine outline the merits to elaborate further on this subject. I 97–20’’ (FAC97–20) received on October 12, of early action in the fight against believe we have a unique opportunity 2000; to the Committee on Governmental Af- HIV. As immediate and intensive ad- fairs. to help ease the stress and suffering of ministration anti-HIV drugs has been women and children mercilessly raped f shown to greatly reduce the risk of and wounded by sexual predators, and HIV infection, early knowledge of INTRODUCTION OF BILLS AND in the process, we will change a system whether or not a victim has been ex- JOINT RESOLUTIONS which currently favors the so-called posed to the virus is imperative to em- privacy of sex offenders over the health The following bills and joint resolu- barking on critical, potentially life- of their victims. I implore my col- tions were introduced, read the first saving courses of medication. leagues to support the Victims of Rape and second times by unanimous con- Mr. President, ten years ago Con- Health Protection Act. May we finally sent, and referred as indicated: gress passed a law that allowed rape deliver a higher degree of security and By Mr. ABRAHAM: victims to compel testing of their safety to rape victims, regardless of S. 3206. A bill to amend the Omnibus Crime attacker upon conviction. Over the age or gender. Mr. President, I ask for Control and Safe Streets Act of 1968 to pro- years medical science has made impor- vide additional protections to victims of unanimous consent that the text of tant advancements in the fight against this legislation and a letter from Ms. rape; to the Committee on the Judiciary. AIDS, and it is time for the law to fol- By Mr. SANTORUM: Deidre Raver, a rape survivor who has S. 3207. A bill to amend the Consolidated low suit. Today, I wish to challenge the championed this cause for years, be in- Farm and Rural Development Act to author- current inadequate policies which exist serted in the RECORD. ize the Secretary of Agriculture to make in some states, and allow victims of There being no objection, the mate- grants to nonprofit organizations to finance rape early access to their assailants’ rial was ordered to be printed in the the construction, refurbishing, and servicing HIV screen results. RECORD, as follows: of individually-owned household water well Where there is any risk of trans- S. 3206 systems in rural areas for individuals with mission of the virus, this legislation low or moderate incomes; to the Committee would require states to actively screen Be it enacted by the Senate and House of Rep- on Agriculture, Nutrition, and Forestry. resentatives of the United States of America in rape defendants for HIV and disclose Congress assembled, f the results to the victim within forty- SECTION 1. SHORT TITLE. SUBMISSION OF CONCURRENT AND eight hours of an indictment or infor- This Act may be cited as the ‘‘Victims of SENATE RESOLUTIONS mation. Beyond notification of the vic- Rape Health Protection Act’’. tim, test result confidentiality would The following concurrent resolutions SEC. 2. BYRNE GRANT REDUCTION FOR NON- be determined by the individual states COMPLIANCE. and Senate resolutions were read, and as they see necessary to protect the (a) GRANT REDUCTION FOR NONCOMPLI- referred (or acted upon), as indicated: privacy of their citizens. Federal Byrne ANCE.—Section 506 of title I of the Omnibus By Mr. MURKOWSKI (for himself and Grant funding would be made available Crime Control and Safe Streets Act of 1968 Mr. BINGAMAN): to the states in order to help pay for (42 U.S.C. 3756) is amended by adding at the S. Con. Res. 151. A concurrent resolution to the testing; states which refuse to op- end the following: make a correction in the enrollment of the ‘‘(g) SEX OFFENDER HIV TESTING.— bill H.R. 2348; considered and agreed to. erate in compliance with these testing ‘‘(1) IN GENERAL.—The funds available By Mr. ROTH: requirements would be subject to a ten- under this subpart for a State shall be re- S. Con. Res. 152. A concurrent resolution to percent reduction of their Byrne Grant duced by 10 percent and redistributed under make a technical correction in the enroll- funds. paragraph (2) unless the State demonstrates October 13, 2000 CONGRESSIONAL RECORD — SENATE S10591 to the satisfaction of the Director that the that would provide rape victims the oppor- to water delivery in rural areas. laws or regulations of the State with respect tunity to quickly learn if they have been ex- Through a partnership established be- to a defendant against whom an information posed to the HIV virus. I have been associ- tween the federal government and non- or indictment is presented for a crime in ated with this compelling issue for many profit entities, low to moderate income which by force or threat of force the perpe- years as an advocate for crime victims and trator compels the victim to engage in a sex- thank you for considering the health issues households who would prefer to have ual act (as defined in subsection (f)(3)(B)), that a rape victim is forced to deal with fol- their own well or are experiencing the State requires as follows: lowing a horrific experience. As a survivor of drinking water problems could secure ‘‘(A) That the defendant be tested for HIV rape myself. I personally know how trau- financing to install or refurbish an in- disease if— matic it is to wait for medical information dividually owned household well. In my ‘‘(i) the nature of the alleged crime is such regarding exposure to the many frightening home state of Pennsylvania, 2.5 million that the sexual act would have placed the venereal diseases that exist, not to mention citizens currently choose to have their victim at risk of becoming infected with the possibility of pregnancy occurring. drinking water supplied by privately- HIV; and A rape victims needs to learn the HIV sta- ‘‘(ii) the victim requests the test. tus of their assailants when making deci- owned individual water wells. ‘‘(B) That if the conditions specified in sub- sions with her doctor about taking risky The government assistance envi- paragraph (A) are met— drug medications. The only way for a victim sioned under this bill would also allow ‘‘(i) the defendant undergo the test not to know if she has been exposed to the HIV homeowners of modest means in Penn- later than— virus is to test the assailant because of the sylvania, and the rest of the country, ‘‘(I) 48 hours after the date on which the in- 16-week infection time window period. It is to bring old household water wells up formation or indictment is presented; or inhumane and cruel to deny rape victims the to current standards; replace systems right to learn of their assailants’ H.I.V. sta- ‘‘(II) 48 hours after the request of the vic- that have met their expected life; or tim if that request is made after the date on tus early enough to eradicate the virus, if ex- which the information or indictment is pre- posed. provide homeowners without a drink- sented; Currently, in states like mine, a person ac- ing water source with a new individual ‘‘(ii) the results of the test shall be con- cused of rape cannot be involuntarily tested household water well system. fidential except as provided in clause (iii) for the AIDS virus until he is convicted of Another important component of this and except as otherwise provided under State the crime, which can be years later. The legislation will afford rural consumers law; and H.I.V. test becomes a plea bargaining tool with individually owned water wells ‘‘(iii) that as soon as is practicable the re- for defense attorneys to use, reducing the the same payment flexibility as other sentencing of violent sex offenders to non- sults of the test be made available to— utility customers. Centralized water ‘‘(I) the victim; and felony convictions. Our current laws force ‘‘(II) the defendant (or if the defendant is a prosecuting attorneys to choose between systems currently are eligible to re- minor, to the legal guardian of the defend- prosecuting violent criminals or protecting ceive federal grants and loans with re- ant). the health of the victims. payment spread out over 40 years. The Nothing in this subparagraph shall be con- New York has had its share of horrific Affordable Drinking Water Act of 2000 strued to bar a State from restricting the cases where an arrested rapist will have would provide loans to low to moderate victim’s disclosure of the defendant’s test re- boasted to the victim of a positive H.I.V. sta- income homeowners to upgrade or in- sults to third parties as a condition of mak- tus and then refuse to take the test on the advice of a defense attorney. I was person- stall a household drinking water well ing such results available to the victim. now, and then repay the cost through ‘‘(C) That if the defendant has been tested ally outraged by a case in Brooklyn where a fifty-seven-year old man raped a little girl convenient monthly charges. This abil- pursuant to subparagraph (B), the defendant, ity to stretch out payments over the upon request of the victim, undergo such fol- next to her five-year-old brother and then low-up tests for HIV as may be medically ap- declared to police that he had AIDS upon ar- life of the loan gives rural well owners propriate, and that as soon as is practicable rest. The Brooklyn District Attorney’s Office an affordable option that they other- after each such test the results of the test be could not force the arrested man to take an wise do not have. made available in accordance with subpara- HIV test. Mr. President, I am pleased to intro- In order for states to qualify for AIDS graph (B) (except that this subparagraph ap- funding, they should have legal provisions in duce this legislation today, and believe plies only to the extent that the individual place to allow rape victims to test arrested that it is appropriately balanced to involved continues to be a defendant in the assailants for HIV, no exceptions. Our laws meet the safe-drinking water needs of judicial proceedings involved, or is convicted should not aggravate the terror that rape rural households. in the proceedings). victims face when coping with their fear of ‘‘(2) REDISTRIBUTION.—Any funds available f the attacker and the numerous frightening for redistribution shall be redistributed to health risks. participating States that comply with the ADDITIONAL COSPONSORS I thank you for considering the rights of requirements of paragraph (1). rape victims before the privacy concerns of S. 3005 ‘‘(3) COMPLIANCE.—The Attorney General rape assailants, as rape victims deserve com- At the request of Mr. FEINGOLD, the shall issue regulations to ensure compliance passionate help that includes determining name of the Senator from Wisconsin with the requirements of paragraph (1).’’. whether or not exposure to HIV has oc- OHL (b) CONFORMING AMENDMENT.—Section (Mr. K ) was added as a cosponsor of curred. 506(a) of title I of the Omnibus Crime Control S. 3005, a bill to require country of ori- Sincerely, and Safe Streets Act of 1968 is amended by gin labeling of all forms of ginseng. DEIDRE RAVER. striking ‘‘subsection (f),’’ and inserting ‘‘sub- S. CON. RES. 146 sections (f) and (g),’’. By Mr. SANTORUM: At the request of Mr. WELLSTONE, the (c) FUNDING.—Section 501(b) of title I of the name of the Senator from Wisconsin Omnibus Crime Control and Safe Streets Act S. 3207. A bill to amend the Consoli- of 1968 is amended— dated Farm and Rural Development (Mr. FEINGOLD) was added as a cospon- (1) in paragraph (25), by striking ‘‘and’’ Act to authorize the Secretary of Agri- sor of S. Con. Res. 146, a concurrent after the semicolon; culture to make grants to nonprofit or- resolution condemning the assassina- (2) in paragraph (26), by striking the period ganizations to finance the construc- tion of Father John Kaiser and others and inserting ‘‘; and’’; and tion, refurbishing, and servicing of in- in Kenya, and calling for a thorough (3) by inserting at the end the following: dividually-owned household water well investigation to be conducted in those ‘‘(27) programs to test defendants for HIV systems in rural areas for individuals cases, a report on the progress made in disease in accordance with the terms of sub- such an investigation to be submitted section (g).’’. with low or moderate incomes; to the (d) EFFECTIVE DATE.— Committee on Agriculture, Nutrition, to Congress by December 15, 2000, and a (1) PROGRAM.—The amendments made by and Forestry. final report on such an investigation to subsections (a) and (b) shall take effect on AFFORDABLE DRINKING WATER ACT OF 2000 be made public, and for other purposes. the first day of the fiscal year succeeding the Mr. SANTORUM. Mr. President, I f first fiscal year beginning 2 years after the rise today to introduce the ‘‘Affordable date of the enactment of this Act. Drinking Water Act of 2000.’’ This bill SENATE CONCURRENT RESOLU- (2) FUNDING.—The amendment made by sets out an innovative approach to TION 151—TO MAKE A CORREC- subsection (c) shall take effect on the date of TION IN THE ENROLLMENT OF enactment of this Act. meet the safe drinking water needs of rural Americans nationwide. THE BILL H.R. 2348 DEAR SENATOR ABRAHAM: I understand that The Affordable Drinking Water Act Mr. MURKOWSKI (for himself and you are interested in sponsoring legislation of 2000 provides a targeted alternative Mr. BINGAMAN) submitted the following S10592 CONGRESSIONAL RECORD — SENATE October 13, 2000 concurrent resolution; which was con- The amendment (No. 4317) was agreed (b) REPORT ON RED RIVER VALLEY WATER sidered and agreed to: to, as follows: NEEDS AND OPTIONS.— (1) IN GENERAL.—The Secretary of the Inte- S. CON. RES. 151 On page 10, beginning on line 14, strike the rior shall conduct a comprehensive study of Resolved by the Senate (the House of Rep- sentence that begins ‘‘If the features selected the water quality and quantity needs of the resentatives concurring), That, in the enroll- under section 8’’. Red River Valley in North Dakota and pos- On page 13, line 2, strike the sentence that ment of the bill (H.R. 2348) to authorize the sible options for meeting those needs. Bureau of Reclamation to provide cost shar- begins ‘‘As appropriate, the Secretary shall (2) NEEDS.—The needs addressed in the re- ing for the endangered fish recovery imple- rehabilitate or complete’’. port shall include such needs as— mentation programs for the Upper Colorado On page 13, line 5, strike ‘‘Sections 8(c) and (A) municipal, rural, and industrial water and San Juan River Basins, the Clerk of the 8(d)(1)’’ and insert ‘‘section 8’’. supplies; House shall make the following correction: Beginning on Page 18, strike line 17 and all (B) water quality; Strike section 4 and insert: that follows through Page 23, line 4, and in- (C) aquatic environment; sert the following: (D) recreation; and SEC. 4. EFFECT ON RECLAMATION LAW. SEC. 8. SPECIFIC FEATURES. (E) water conservation measures. Specifically with regard to the acreage (a) SYKESTON CANAL.—Sykeston Canal is (3) PROCESS.—In conducting the study, the limitation provisions of Federal reclamation hereby deauthorized. Secretary through an open and public proc- law, any action taken pursuant to or in fur- (b) IN GENERAL.—Public Law 89–108 (100 ess shall solicit input from gubernatorial therance of this title will not: Stat. 423) is amended by striking section 8 designees from states that may be affected (1) be considered in determining whether a and inserting the following: by possible options to meet such needs as district as defined in section 202(2) of the well as designees from other federal agencies ‘‘SEC. 8. SPECIFIC FEATURES. Reclamation Reform Act of 1982 (43 U.S.C. with relevant expertise. For any option that ‘‘(a) RED RIVER VALLEY WATER SUPPLY 390bb) has discharged its obligation to repay includes an out-of-basin solution, the Sec- PROTECT.— the construction cost of project facilities retary shall consider the effect of the option used to make irrigation water available for ‘‘(1) IN GENERAL.—Subject to the require- ments of this section, the Secretary shall on other states that may be affected by such delivery to land in the district; option, as well as other appropriate consider- (2) serve as the basis for reinstating acre- construct a feature or features to provide water to the Sheyenne River water supply ations. Upon completion, a draft of the study age limitation provisions in a district that shall be provided by the Secretary to such has completed payment of its construction and release facility or such other feature or features as are selected under subsection (d). states and federal agencies. Such states and obligation; or agencies shall be given not less than 120 days (3) service as the basis for increasing the ‘‘(2) DESIGN AND CONSTRUCTION.—The fea- ture or features shall be designed and con- to review and comment on the study method, construction repayment obligation of the findings and conclusions leading to any al- district and thereby extending the period structed to meet only the following water supply requirements as identified in the re- ternative that may have an impact on such during which the acreage limitation provi- states or on resources subject to such federal sions will apply. port prepared pursuant to subsection (b) of this section: municipal, rural, and industrial agencies’ jurisdiction. The Secretary shall f water supply needs; ground water recharge; receive and take into consideration any such comments and produce a final report and SENATE CONCURRENT RESOLU- and streamflow augmentation. ‘‘(3) COMMENCEMENT OF CONSTRUCTION.— transmit the final report to Congress. TION 152—TO MAKE A TECHNICAL (4) LIMITATION.—No design or construction CORRECTION IN THE ENROLL- ‘‘(A) If the Secretary selects a project fea- ture under this section that would provide of any feature or features that facilitate an MENT OF THE BILL H.R. 4868 water from the Missouri River or its tribu- out-of-basin transfer from the Missouri River drainage basin shall be authorized under the Mr. ROTH submitted the following taries to the Sheyenne River water supply and release facility or from the Missouri provisions of this subsection. concurrent resolution; which was con- (c) ENVIRONMENTAL IMPACT STATEMENT— River or its tributaries to such other convey- sidered and agreed to: (1) IN GENERAL.—Nothing in this section ance facility as the Secretary selects under S. CON. RES. 152 shall be construed to supersede any require- this section, no later than 90 days after the ments under the National Environmental Resolved by the Senate (the House of Rep- completion of the final environmental im- Policy Act or the Administrative Procedures resentatives concurring), That, in the enroll- pact statement, the Secretary shall transmit Act. ment of the bill (H.R. 4868) to amend the to Congress a comprehensive report which (2) DRAFT.— Harmonized Tariff Schedule of the United provides— (A) DEADLINE.—Pursuant to an agreement States to modify temporarily certain rates ‘‘(i) a detailed description of the proposed between the Secretary and State of North of duty, to make other technical amend- project feature; Dakota as authorized under section 1(g), not ments to the trade laws, and for other pur- ‘‘(ii) a summary of major issues addressed later than 1 year after the date of enactment poses, the Clerk of the House of Representa- in the environmental impact statement; of the Dakota Water Resources Act of 2000, tives shall make the following correction: ‘‘(iii) likely effects, if any, on other States the Secretary and the State of North Dakota On page 160, line 8, strike ‘‘: and’’ and all bordering the Missouri River and on the shall jointly prepare and complete a draft that follows through line 10, and insert a pe- State of Minnesota; and environmental impact statement concerning riod. ‘‘(iv) a description of how the project fea- all feasible options to meet the comprehen- f ture complies with the requirements of sec- sive water quality and quantity needs of the tion 1(h)(1) of this Act (relating to the AMENDMENTS SUBMITTED Red River Valley and the options for meet- Boundary Waters Treaty of 1909). ing those needs, including the delivery of ‘‘(B) No project feature or features that Missouri River water to the Red River Val- would provide water from the Missouri River ley. DAKOTA WATER RESOURCES ACT or its tributaries to the Sheyenne River (B) REPORT ON STATUS.—If the Secretary OF 1999 water supply and release facility or from the and State of North Dakota cannot prepare Missouri River or its tributaries to such and complete the draft environmental im- other conveyance facility as the Secretary pact statement within 1 year after the date CONRAD (AND OTHERS) selects under this section shall be con- of enactment of the Dakota Water Resources AMENDMENT NO. 4317 structed unless such feature is specifically Act of 2000, the Secretary, in consultation authorized by an Act of Congress approved and coordination with the State of North Da- Mr. LOTT (for Mr. CONRAD (for him- subsequent to the Secretary’s transmittal of kota, shall report to Congress on the status self, Mr. DORGAN, and Mr. BOND)) pro- the report required in paragraph (A). If, after of this activity, including an estimate of the posed an amendment to the bill (S. 623) complying with subsections (b) through (d) date of completion. to amend Public Law 89–108 to increase of this section, the Secretary selects a fea- (3) FINAL.— authorization levels for State and In- ture or features using only in-basin sources (A) DEADLINE.—Not later than 1 year after dian tribal, municipal, rural, and in- of water to meet the water needs of the Red filing the draft environmental impact state- River Valley identified in subsection (b), dustrial water supplies, to meet cur- ment, a final environmental impact state- such features are authorized without further ment shall be prepared and published. rent and future water quantity and Act of Congress. The Act of Congress re- (B) REPORT ON STATUS.—If the Secretary quality needs of the Red River Valley, ferred to in this subparagraph must be an au- and State of North Dakota cannot prepare to deauthorize certain project features thorization bill, and shall not be a bill mak- and complete a final environmental impact and irrigation service areas, to enhance ing appropriations. statement within 1 year of the completion of natural resources and fish and wildlife ‘‘(C) The Secretary may not commence the draft environmental impact statement, habitat, and for other purposes; as fol- construction on the feature until a master the Secretary, in consultation and coordina- lows: repayment contract or water service agree- tion with the State of North Dakota, shall ment consistent with this Act between the report to Congress on the status of this ac- The committee amendments were Secretary and the appropriate non-Federal tivity, including an estimate of the date of agreed to. entity has been executed.’’ completion. October 13, 2000 CONGRESSIONAL RECORD — SENATE S10593

(d) PROCESS FOR SELECTION.— In the Committee amendment: (c) DEFINITIONS.—Section 3486 of title 18, as (1) IN GENERAL.—After reviewing the final In section 4(a), after ‘‘August 1, 1999 pay- amended by section 5 of this Act, is further report required by subsection (b)(1) and com- ment,’’ strike ‘‘is currently’’ and insert amended by adding at the end the following: plying with subsection (c), the Secretary, in ‘‘was, as of October, 1999.’’. ‘‘(g) DEFINITIONS.—In this section— consultation and coordination with the In section 5(b), strike ‘‘and shall extend for ‘‘(1) the term ‘fugitive’ means a person State of North Dakota in coordination with the useful life of the Project that has been who— affected local communities, shall select 1 or approved by the Secretary.’’ and insert ‘‘that ‘‘(A) having been accused by complaint, in- more project features described in subsection has been approved by the Secretary and shall formation, or indictment under Federal law (a) that will meet the comprehensive water extend for the useful life of the Project.’’. of a serious violent felony or serious drug of- quality and quantity needs of the Red River fense, or having been convicted under Fed- Valley. The Secretary’s selection of an alter- PRESIDENTIAL THREAT eral law of committing a serious violent fel- native shall be subject to judicial review. PROTECTION ACT OF 2000 ony or serious drug offense, flees or attempts (2) AGREEMENTS.—If the Secretary selects to flee from, or evades or attempts to evade an option under subparagraph (1) that uses the jurisdiction of the court with jurisdic- only in-basin sources of water, not later than HATCH (AND OTHERS) tion over the felony; 180 days after the record of decision has been AMENDMENT NO. 4319 ‘‘(B) having been accused by complaint, in- executed, the Secretary shall enter into a co- formation, or indictment under State law of operative agreement with the State of North Mr. LOTT (for Mr. HATCH (for him- a serious violent felony or serious drug of- Dakota to construct the feature or features self, Mr. LEAHY, and Mr. THURMOND)) fense, or having been convicted under State selected. If the Secretary selects an option proposed an amendment to the bill law of committing a serious violent felony or under subparagraph (1) that would require a (H.R. 3048) to amend section 879 of title serious drug offense, flees or attempts to flee further act of Congress under the provisions 18, United States Code, to provide from, or evades or attempts to evade, the ju- of subsection (a), not later than 180 days clearer coverage over threats against risdiction of the court with jurisdiction over after the date of enactment of legislation re- the felony; quired under subsection (a) the Secretary former Presidents and members of ‘‘(C) escapes from lawful Federal or State shall enter into a cooperative agreement their families, and for other purposes; custody after having been accused by com- with the State of North Dakota to construct as follows: plaint, information, or indictment of a seri- the feature or features authorized by that On page 3, strike lines 19 through 24 and in- ous violent felony or serious drug offense or legislation. sert the following: having been convicted of committing a seri- (e) SHEYENNE RIVER WATER SUPPLY AND ‘‘(e)(1) When directed by the President, the ous violent felony or serious drug offense; or RELEASE OR ALTERNATE FEATURES.—The Sec- United States Secret Service is authorized to ‘‘(D) is in violation of subparagraph (2) or retary shall construct, operate, and main- participate, under the direction of the Sec- (3) of the first undesignated paragraph of sec- tain a Sheyenne River water supply and re- retary of the Treasury, in the planning, co- tion 1073; lease feature (including a water treatment ordination, and implementation of security ‘‘(2) the terms ‘serious violent felony’ and plant) capable of delivering 100 cubic feet per operations at special events of national sig- ‘serious drug offense’ shall have the mean- second of water or any other amount deter- nificance, as determined by the President. ings given those terms in section 3559(c)(2) of mined in the reports under this section, for ‘‘(2) At the end of each fiscal year, the this title; and the cities of Fargo and Grand Forks and sur- President through such agency or office as ‘‘(3) the term ‘investigation’ means, with rounding communities, or such other feature the President may designate, shall report to respect to a State fugitive described in sub- or features as may be selected under sub- the Congress— paragraph (B) or (C) of paragraph (1), an in- section (d). ‘‘(A) what events, if any, were designated vestigation in which there is reason to be- (f) DEVILS LAKE.—No funds authorized special events of national significance for se- lieve that the fugitive fled from or evaded, or under this Act may be used to carry out the curity purposes under paragraph (1); and attempted to flee from or evade, the jurisdic- portion of the feasibility study of the Devils ‘‘(B) the criteria and information used in tion of the court, or escaped from custody, in Lake basin, North Dakota, authorized under making each designation.’’. or affecting, or using any facility of, inter- the Energy and Water Development Appro- On page 7, line 6, after ‘‘offense’’ insert ‘‘or state or foreign commerce, or as to whom an priations Act of 1993 (Public Law 102–377), apprehension of a fugitive’’. appropriate law enforcement officer or offi- that addresses the needs of the area for sta- On page 8, strike lines 17 through 19. cial of a State or political subdivision has re- bilized lake levels through inlet controls, or On page 9, strike line 14 and insert the fol- quested the Attorney General to assist in the to otherwise study any facility or carry out lowing: investigation, and the Attorney General issuance. any activity that would permit the transfer finds that the particular circumstances of ‘‘(11) With respect to subpoenas issued of water from the Missouri River drainage the request give rise to a Federal interest under paragraph (1)(A)(i)(III), the Attorney basin into Devils Lake, North Dakota. sufficient for the exercise of Federal jurisdic- General shall issue guidelines governing the Make the following technical amendments: tion pursuant to section 1075.’’. Page 2, line 5, strike ‘‘1999’’ and insert issuance of administrative subpoenas pursu- ‘‘2000’’. ant to that paragraph. The guidelines re- SEC. 7. FUGITIVE APPREHENSION TASK FORCES. Page 3, line 13, strike ‘‘1999’’ and insert quired by this paragraph shall mandate that (a) IN GENERAL.—The Attorney General ‘‘2000’’. administrative subpoenas may be issued only shall, upon consultation with appropriate Page 3, line 25, strike ‘‘1999’’ and insert after review and approval of senior super- Department of Justice and Department of ‘‘2000’’. visory personnel within the respective inves- the Treasury law enforcement components, Page 4, line 23, strike ‘‘1999’’ and insert tigative agency or component of the Depart- establish permanent Fugitive Apprehension ‘‘2000’’. ment of Justice and of the United States At- Task Forces consisting of Federal, State, Page 5, line 7, strike ‘‘1999’’ and insert torney for the judicial district in which the and local law enforcement authorities in des- ‘‘2000’’. administrative subpoena shall be served.’’. ignated regions of the United States, to be Page 11, line 14, strike ‘‘1999’’ and insert At the end of the bill, insert the following: directed and coordinated by the United ‘‘2000’’. SEC. 6. ADMINISTRATIVE SUBPOENAS TO APPRE- States Marshals Service, for the purpose of Page 13, line 7, strike ‘‘1999’’ and insert HEND FUGITIVES. locating and apprehending fugitives. ‘‘2000’’. (a) AUTHORITY OF ATTORNEY GENERAL.— (b) AUTHORIZATION OF APPROPRIATIONS.— Page 15, line 19, strike ‘‘1999’’ and insert Section 3486(a)(1) of title 18, United States There are authorized to be appropriated to ‘‘2000’’. Code, as amended by section 5 of this Act is the Attorney General for the United States Page 18, line 8, strike ‘‘1999’’ and insert further amended in subparagraph (A)(i)— Marshals Service to carry out the provisions ‘‘2000’’. (1) by striking ‘‘offense or’’ and inserting of this section $30,000,000 for the fiscal year Page 29, line 5, strike ‘‘1999’’ and insert ‘‘offense,’’; and 2001, $5,000,000 for fiscal year 2002, and ‘‘2000’’. (2) by inserting ‘‘or (III) with respect to the $5,000,000 for fiscal year 2003. Page 29, line 25, strike ‘‘1999’’ and insert apprehension of a fugitive,’’ after ‘‘chil- (c) OTHER EXISTING APPLICABLE LAW.— ‘‘2000’’. dren,’’. Nothing in this section shall be construed to (b) ADDITIONAL BASIS FOR NONDISCLOSURE limit any existing authority under any other PALMETTO BEND CONVEYANCE ORDER.—Section 3486(a)(6) of title 18, United provision of Federal or State law for law en- ACT States Code, as amended by section 5 of this forcement agencies to locate or apprehend Act, is further amended in subparagraph fugitives through task forces or any other (B)— means. MURKOWSKI AMENDMENT NO. 4318 (1) by striking ‘‘or’’ and the end of clause SEC. 8. STUDY AND REPORTS ON ADMINISTRA- (iii); TIVE SUBPOENAS. Mr. LOTT (for Mr. MURKOWSKI) pro- (2) by striking the period at the end of (a) STUDY ON USE OF ADMINISTRATIVE SUB- posed an amendment to the bill (S. clause (iv) and inserting ‘‘; or’’; and POENAS.—Not later than December 31, 2001, 1474) providing conveyance of the Pal- (3) by adding at the end the following: the Attorney General, in consultation with metto Bend project to the State of ‘‘(v) otherwise seriously jeopardizing an in- the Secretary of the Treasury, shall com- Texas; as follows: vestigation or undue delay of a trial.’’. plete a study on the use of administrative S10594 CONGRESSIONAL RECORD — SENATE October 13, 2000 subpoena power by executive branch agen- assistance under this subsection may be used with or resulting from the designing, locat- cies or entities and shall report the findings by the entity as non-Federal matching funds ing, contracting for, redeveloping, permit- to the Committees on the Judiciary of the under any Federal program that requires ting, certifying, operating, or maintaining Senate and the House of Representatives. such matching funds. any solid waste management facility on the Such report shall include— ‘‘(3) RESTRICTION ON USE.—The Secretary Pribilof Islands as a consequence of having (1) a description of the sources of adminis- may not use financial assistance authorized provided assistance to the State of Alaska trative subpoena power and the scope of such by this Act. under subsection (b). subpoena power within executive branch ‘‘(A) to settle any debt owed to the United ‘‘(f) REPORT ON EXPENDITURES.—Each enti- agencies; States; ty which receives assistance authorized (2) a description of applicable subpoena en- ‘‘(B) for administrative or overhead ex- under subsection (c) shall submit an audited forcement mechanisms; penses; or statement listing the expenditure of that as- (3) a description of any notification provi- ‘‘(C) for contributions authorized under sistance to the Committee on Appropriations sions and any other provisions relating to section 105(b)(3)(B) of the Pribilof Islands and the Committee on Resources of the safeguarding privacy interests; Transition Act. House of Representatives and the Committee (4) a description of the standards governing ‘‘(4) FUNDING INSTRUMENTS AND PROCE- on Appropriations and the Committee on the issuance of administrative subpoenas; DURES.—In providing assistance under this Commerce, Science, and Transportation of and subsection the Secretary shall transfer any the Senate, on the last day of fiscal years (5) recommendations from the Attorney funds appropriated to carry out this section 2002, 2004, and 2006. General regarding necessary steps to ensure to the Secretary of the Interior, who shall ‘‘(g) CONGRESSIONAL INTENT.—Amounts au- that administrative subpoena power is used obligate such funds through instruments and thorized under subsection (c) are intended by and enforced consistently and fairly by exec- procedures required to be used by the Bureau Congress to be provided in addition to the utive branch agencies. of Indian Affairs pursuant to title IV of the base funding appropriated to the National (b) REPORT ON FREQUENCY OF USE OF AD- Indian Self-Determination and Education Oceanic and Atmospheric Administration in MINISTRATIVE SUBPOENAS.— Assistance Act (25 U.S.C. 450 et seq.). fiscal year 2000. (1) IN GENERAL.—The Attorney General and ‘‘(5) PRO RATA DISTRIBUTION OF ASSIST- SEC. 104. DISPOSAL OF PROPERTY. the Secretary of the Treasury shall report in ANCE.—In any fiscal year for which less than Section 205 of the Fur Seal Act of 1966 (16 January of each year to the Committees on all of the funds authorized under subsection U.S.C. 1165) is amended— the Judiciary of the Senate and the House of (c)(1) are appropriated, such funds shall be (1) by amending subsection (c) to read as Representatives on the number of adminis- distributed under this subsection on a pro follows: trative subpoenas issued by them under this rata basis among the entities referred to in ‘‘(c) Not later than 3 months after the date section, whether each matter involved a fu- subsection (c)(1) in the same proportions in of the enactment of the Pribilof Islands gitive from Federal or State charges, and the which amounts are authorized by that sub- Transition Act, the Secretary shall submit identity of the agency or component of the section for grants to those entities. to the Committee on Commerce, Science, ‘‘(b) SOLID WASTE ASSISTANCE.— Department of Justice or the Department of and Transportation of the Senate and the ‘‘(1) IN GENERAL.—Subject to the avail- the Treasury issuing the subpoena and im- Committee on Resources of the House of ability of appropriations, the Secretary shall posing the charges. Representatives a report that includes— provide assistance to the State of Alaska for (2) EXPIRATION.—The reporting require- ‘‘(1) a description of all property specified designing, locating, constructing, redevel- ment of this subsection shall terminate in 3 in the document referred to in subsection (a) oping, permitting, or certifying solid waste years after the date of enactment of this sec- that has been conveyed under that sub- management facilities on the Pribilof Is- tion. section; lands to be operated under permits issued to ‘‘(2) a description of all Federal property the City of St. George and the City of St. specified in the document referred to in sub- PRIBILOF ISLANDS TRANSITION Paul, Alaska, by the State of Alaska under section (a) that is going to be conveyed ACT section 46.03.100 of the Alaska Statutes. under that subsection; and ‘‘(2) TRANSFER.—The Secretary shall trans- ‘‘(3) an identification of all Federal prop- fer any appropriations received under para- erty on the Pribilof Islands that will be re- SNOWE (AND OTHERS) graph (1) to the State of Alaska for the ben- tained by the Federal Government to meet AMENDMENT NO. 4320 efit of rural and Native villages in Alaska for its responsibilities under this Act, the Con- obligation under section 303 of Public Law Mr. LOTT (for Ms. SNOWE (for herself vention, and any other applicable law.’’; and 104–182, except that subsection (b) of that (2) by striking subsection (g). and Mr. KERRY)) proposed an amend- section shall not apply to those funds. ment to the bill (H.R. 3417) to complete ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— SEC. 105. TERMINATION OF RESPONSIBILITIES. the orderly withdrawal of the National There are authorized to be appropriated to (a) FUTURE OBLIGATION.— Oceanic and Atmospheric Administra- the Secretary for fiscal years 2001, 2002, 2003, (1) IN GENERAL.—The Secretary of Com- tion from the civil administration of 2004, and 2005— merce shall not be considered to have any obligation to promote or otherwise provide the Pribilof Islands, Alaska; as follows: ‘‘(1) for assistance under subsection (a) a total not to exceed— for the development of any form of an econ- Strike out all after the enacting clause and ‘‘(A) $9,000,000, for grants to the City of St. omy not dependent on sealing on the Pribilof insert the following: Paul; Islands, Alaska, including any obligation TITLE I—PRIBILOF ISLANDS TRANSITION ‘‘(B) $6,300,000, for grants to the under section 206 of the Fur Seal Act of 1966 SEC. 101. SHORT TITLE. Tanadgusix Corporation; (16 U.S.C. 1166) or section 3(c)(1)(A) of Public This title may be referred to as the ‘‘(C) $1,500,000, for grants to the St. Paul Law 104–91 (16 U.S.C. 1165 note). ‘‘Pribilof Islands Transition Act’’. Tribal Council; (2) SAVINGS.—This subsection shall not af- ‘‘(D) $6,000,000, for grants to the City of St. fect any cause of action under section 206 of SEC. 102. PURPOSE. George; the Fur Seal Act of 1966 (16 U.S.C. 1166) or The purpose of this title is to complete the ‘‘(E) $4,200,000, for grants to the St. George section 3(c)(1)(A) of Public Law 104–91 (16 orderly withdrawal of the National Oceanic Tanaq Corporation; and U.S.C. 1165 note)— and Atmospheric Administration from the ‘‘(F) $1,000,000, for grants to the St. George (A) that arose before the date of the enact- civil administration of the Pribilof Islands, Tribal Council; and ment of this Act; and Alaska. ‘‘(2) for assistance under subsection (b), (B) for which a judicial action is filed be- SEC. 103. FINANCIAL ASSISTANCE FOR PRIBILOF such sums as may be necessary. fore the expiration of the 5-year period be- ISLANDS UNDER FUR SEAL ACT OF ‘‘(d) LIMITATION ON USE OF ASSISTANCE FOR ginning on the date of the enactment of this 1966. LOBBYING ACTIVITIES.—None of the funds au- Act. Public Law 89–702, popularly known and re- thorized by this section may be available for (3) RULE OF CONSTRUCTION.—Nothing in this ferred to in this title as the Fur Seal Act of any activity a purpose of which is to influ- title shall be construed to imply that— 1966, is amended by amending section 206 (16 ence legislation pending before the Congress, (A) any obligation to promote or otherwise U.S.C. 1166) to read as follows: except that this subsection shall not prevent provide for the development in the Pribilof ‘‘SEC. 206. FINANCIAL ASSISTANCE. officers or employees of the United States or Islands of any form of an economy not de- ‘‘(a) GRANT AUTHORITY.— of its departments, agencies, or commissions pendent on sealing was or was not estab- ‘‘(1) IN GENERAL.—Subject to the avail- from communicating to Members of Con- lished by section 206 of the Fur Seal Act of ability of appropriations, the Secretary shall gress, through proper channels, requests for 1966 (16 U.S.C. 1166), section 3(c)(1)(A) of Pub- provide financial assistance to any city gov- legislation or appropriations that they con- lic Law 104–91 (16 U.S.C. 1165 note), or any ernment, village corporation, or tribal coun- sider it necessary for the efficient conduct of other provision of law; or cil of St. George, Alaska, or St. Paul, Alas- public business. (B) any cause of action could or could not ka. ‘‘(e) IMMUNITY FROM LIABILITY.—Neither arise with respect to such an obligation. ‘‘(2) USE FOR MATCHING.—Notwithstanding the United States nor any of its agencies, of- (4) CONFORMING AMENDMENT.—Section any other provision of law relating to match- ficers, or employees shall have any liability 3(c)(1) of Public Law 104–91 (16 U.S.C. 1165 ing funds, funds provided by the Secretary as under this Act or any other law associated note) is amended by striking subparagraph October 13, 2000 CONGRESSIONAL RECORD — SENATE S10595

(A) and redesignating subparagraphs (B) (E) The terms of the documents described ‘‘(3) NATIVES OF THE PRIBILOF ISLANDS DE- through (D) in order as subparagraphs (A) in subsection (d)(2). FINED.—The definitions set forth in section through (C). (c) REPEALS.—Effective on the date de- 101 of the Fur Seal Act of 1966 (16 U.S.C. 1151) (b) PROPERTY CONVEYANCE AND CLEANUP.— scribed in subsection (b)(2), the following shall apply to this section, except that the (1) IN GENERAL.—Subject to paragraph (2), provisions are repealed: term ‘Natives of the Pribilof Islands’ shall there are terminated all obligations of the (1) Section 205 of the Fur Seal Act of 1966 include the Tanadgusix and Tanaq Corpora- Secretary of Commerce and the United (16 U.S.C. 1165). tions.’’. States to— (2) Section 3 of the Public Law 104–91 (16 TITLE II—COASTAL ZONE MANAGEMENT (A) convey property under section 205 of U.S.C. 1165 note). SEC. 201. SHORT TITLE. the Fur Seal Act of 1966 (16 U.S.C. 1165); and (d) SAVINGS.— (B) carry out cleanup activities, including (1) IN GENERAL.—Nothing in this title shall This title may be cited as the ‘‘Coastal assessment, response, remediation, and mon- affect any obligation of the Secretary of Zone Management Act of 2000’’. itoring, except for postremedial measures Commerce, or of any Federal department or SEC. 202. AMENDMENT OF COASTAL ZONE MAN- such as monitoring and operation and main- agency, under or with respect to any docu- AGEMENT ACT. tenance activities, related to National Oce- ment described in paragraph (2) or with re- Except as otherwise expressly provided, anic and Atmospheric Administration ad- whenever in this title an amendment or re- ministration of the Pribilof Islands, Alaska, spect to any lands subject to such a docu- peal is expressed in terms of an amendment under section 3 of Public Law 109–91 (16 ment. to, or repeal of, a section or other provision, U.S.C. 1165 note) and the Pribilof Islands En- (2) DOCUMENTS DESCRIBED.—The documents the reference shall be considered to be made vironmental Restoration Agreement between referred to in paragraph (1) are the following: to a section or other provision of the Coastal the National Oceanic and Atmospheric Ad- (A) The Transfer of Property on the ministration and the State of Alaska, signed Pribilof Islands: Description, Terms, and Zone Management Act of 1972 (16 U.S.C. 1451 January 26, 1996. Conditions, dated February 10, 1984, between et seq.). (2) APPLICATION.—Paragraph (1) shall apply the Secretary of Commerce and various SEC. 203. FINDINGS. on and after the date on which the Secretary Pribilof Island entities. Section 302 (16 U.S.C. 1451) is amended— certifies that— (B) The Settlement Agreement between (1) by redesignating paragraphs (a) through (A) the State of Alaska has provided writ- Tanadgusix Corporation and the City of St. (m) as paragraphs (1) through (13); ten confirmation that no further corrective Paul, dated January 11, 1988, and approved by (2) by inserting ‘‘ports,’’ in paragraph (3) action is required at the sites and operable the Secretary of Commerce on February 23, (as so redesignated) after ‘‘fossil fuels,’’; units covered by the Pribilof Islands Envi- 1988. (3) by inserting ‘‘including coastal waters ronmental Restoration Agreement between (C) The Memorandum of Understanding be- and wetlands,’’ in paragraph (4) (as so redes- the National Oceanic and Atmospheric Ad- tween Tanadgusix Corporation, Tanaq Cor- ignated) after ‘‘zone,’’; ministration and the State of Alaska, signed poration, and the Secretary of Commerce, (4) by striking ‘‘therein’’ in paragraph (4) January 26, 1996, with the exception of dated December 22, 1976. (as so redesignated) and inserting ‘‘depend- postremedial measures, such as monitoring (e) DEFINITIONS.— ent on that habitat’’; and operation and maintenance activities; (1) IN GENERAL.—Except as provided in (5) by striking ‘‘well-being’’ in paragraph (B) the cleanup required under section 3(a) paragraph (2), the definitions set forth in (5) (as so redesignated) and inserting ‘‘qual- of Public Law 104–91 (16 U.S.C. 1165 note) is section 101 of the Fur Seal Act of 1966 (16 ity of life’’; complete; U.S.C. 1151) shall apply to this section. (6) by striking paragraph (11) (as so redes- (C) the properties specified in the docu- (2) NATIVES OF THE PRIBILOF ISLANDS.—For ignated) and inserting the following: ment referred to in subsection (a) of section purposes of this section, the term ‘‘Natives ‘‘(11) Land and water uses in the coastal 205 of the Fur Seal Act of 1966 (16 U.S.C. of the Pribilof Islands’’ includes the zone and coastal watersheds may signifi- 1165(a)) can be unconditionally offered for Tanadgusix Corporation, the St. George cantly affect the quality of coastal waters conveyance under that section; and Tanaq Corporation, and the city govern- (D) all amounts appropriated under section and habitats, and efforts to control coastal ments and tribal councils of St. Paul and St. water pollution from activities in these 206(c)(1) of the Fur Seal Act of 1966, as George, Alaska. amended by this title, have been obligated. areas must be improved.’’; and (3) FINANCIAL CONTRIBUTIONS FOR CLEANUP SEC. 106. TECHNICAL AND CLARIFYING AMEND- (7) by adding at the end thereof the fol- MENTS. COSTS.—(A) On and after the date on which lowing: section 3(b)(5) of Public Law 104–91 (16 U.S.C. (a) Public Law 104–91 and the Fur Seal Act ‘‘(14) There is a need to enhance coopera- 1165 note) is repealed by this title, the Sec- of 1966 are amended by— tion and coordination among states and local retary may not seek or require financial con- (1) striking ‘‘(d)’’ and all that follows communities, to encourage local commu- tribution by or from any local governmental through the heading for subsection (d) of sec- nity-based solutions that address the im- entity of the Pribilof Islands, any official of tion 3 of Public Law 104–91 and inserting pacts and pressures on coastal resources and such an entity, or the owner of land on the ‘‘SEC. 212.’’; and on public facilities and public service caused Pribilof Islands, for cleanup cost incurred (2) moving and redesignating such sub- by continued coastal demands, and to in- pursuant to section 3(a) of Public Law 104–91 section so as to appear as section 212 of the crease state and local capacity to identify (as in effect before such repeal), except as Fur Seal Act of 1966. public infrastructure and open space needs provided in subparagraph (B). (b) Section 201 of the Fur Seal Act of 1966 and develop and implement plans which pro- (B) Subparagraph (A) shall not limit the (16 U.S.C. 1161) is amended by striking ‘‘on vide for sustainable growth, resource protec- authority of the Secretary to seek or require such Islands’’ and insert ‘‘on such property’’. tion and community revitalization.’’. financial contribution from any person for (c) The Fur Seal Act of 1966 is amended by SEC. 204. POLICY. costs or fees to clean up any matter that was inserting before title I the following: Section 303 (16 U.S.C. 1452) is amended— caused or contributed to by such person on ‘‘SECTION 1. SHORT TITLE. (1) by striking ‘‘the states’’ in paragraph or after March 15, 2000. ‘‘This Act may be cited as the ‘Fur Seal (2) and inserting ‘‘state and local govern- (4) CERTAIN RESERVED RIGHTS NOT CONDI- Act of 1966’.’’. ments’’; TIONS.—For purposes of paragraph (2)(C), the SEC. 107. AUTHORIZATION OF APPROPRIATIONS. (2) by striking ‘‘waters,’’ each place it ap- following requirements shall not be consid- Section 3 of Public Law 104–91 (16 U.S.C. pears in paragraph (2)(C) and inserting ‘‘wa- ered to be conditions on conveyance of prop- 1165 note) is amended— ters and habitats,’’; erty: (1) in subsection (f) by striking ‘‘1996, 1997, (3) by striking ‘‘agencies and state and (A) Any requirement that a potential and 1998’’ and inserting ‘‘2001, 2002, 2003, 2004, wildlife agencies; and’’ in paragraph (2)(J) transferee must allow the National Oceanic and inserting ‘‘and wildlife management; and Atmospheric Administration continued and 2005’’; and and’’; access to the property to conduct environ- (2) by adding at the end the following: (4) by inserting ‘‘other countries’’ after mental monitoring following remediation ac- ‘‘(g) LOW-INTEREST LOAN PROGRAM.— tivities. ‘‘(1) CAPITALIZATION OF REVOLVING FUND.— ‘‘agencies,’’ in paragraph (5); (B) Any requirement that a potential Of amounts authorized under subsection (f) (5) by striking ‘‘and’’ at the end of para- transferee must allow the National Oceanic for each of fiscal years 2001, 2002, 2003, 2004, graph (5); and Atmospheric Administration access to and 2005, the Secretary may provide to the (6) by striking ‘‘zone’’ in paragraph (6) and the property to continue the operation, and State of Alaska up to $2,000,000 per fiscal inserting ‘‘zone;’’; and eventual closure, of treatment facilities. year to capitalize a revolving fund to be used (7) by adding at the end thereof the fol- (C) Any requirement that a potential by the State for loans under this subsection. lowing: transferee must comply with institutional ‘‘(2) LOW-INTEREST LOANS.—The Secretary ‘‘(7) to create and use a National Estuarine controls to ensure that an environmental shall require that any revolving fund estab- Research Reserve System as a Federal, state, cleanup remains protections of human lished with amounts provided under this sub- and community partnership to support and health or the environment that do not un- section shall be used only to provide low-in- enhance coastal management and steward- reasonably affect the use of the property. terest loans to Natives of the Pribilof Islands ship; and (D) Valid existing rights in the property, to assess, respond to, remediate, and monitor ‘‘(8) to encourage the development, appli- including rights granted by contract, permit, contamination from lead paint, asbestos, and cation, and transfer of innovative coastal right-of-way, or easement. petroleum from underground storage tanks. and estuarine environmental technologies S10596 CONGRESSIONAL RECORD — SENATE October 13, 2000

and techniques for the long-term conserva- fiscal year for which the total amount appro- (b) USE OF AMOUNTS IN FUND.—Section tion of coastal ecosystems.’’. priated to carry out this section is greater 308(b) (16 U.S.C. 1456a(b)) is amended by SEC. 205. CHANGES IN DEFINITIONS. than the total amount appropriated to carry striking paragraphs (2) and (3) and inserting Section 304 (16 U.S.C. 1453) is amended— out this section for the preceding fiscal year. the following: (1) by striking ‘‘and the Trust Territories (c) ACQUISITION CRITERIA.—Section ‘‘(2) Subject to Appropriation Acts, of the Pacific Islands,’’ in paragraph (4); 306(d)(10)(B) (16 U.S.C. 1455(d)(10)(B)) is amounts in the Fund shall be available to (2) by striking paragraph (8) and inserting amended by striking ‘‘less than fee simple’’ the Secretary to carry out the provisions of the following: and inserting ‘‘other’’. this Act.’’. ‘‘(8) The term ‘estuarine reserve’ means a SEC. 208. COASTAL RESOURCE IMPROVEMENT SEC. 210. COASTAL ZONE ENHANCEMENT coastal protected area which may include PROGRAM. GRANTS. any part or all of an estuary and any island, Section 306A (16 U.S.C. 1455a) is amended— Section 309 (16 U.S.C. 1456b) is amended— transitional area, and upland in, adjoining, (1) by inserting ‘‘or other important coast- (1) by striking subsection (a)(1) and insert- or adjacent to the estuary, and which con- al habitats’’ in subsection (b)(1)(A) after ing the following: stitutes to the extent feasible a natural unit, ‘‘306(d)(9)’’; ‘‘(1) Protection, restoration, enhancement, established to provide long-term opportuni- (2) by inserting ‘‘or historic’’ in subsection or creation of coastal habitats, including ties for conducting scientific studies and (b)(2) after ‘‘urban’’; wetlands, coral reefs, marshes, and barrier educational and training programs that im- (3) by adding at the end of subsection (b) islands.’’; prove the understanding, stewardship, and the following: (2) by inserting ‘‘and removal’’ after management of estuaries.’’; and ‘‘(5) The coordination and implementation ‘‘entry’’ in subsection (a)(4); (3) by adding at the end thereof the fol- of approved coastal nonpoint pollution con- (3) by striking ‘‘on various individual uses lowing: trol plans. or activities on resources, such as coastal ‘‘(19) The term ‘coastal nonpoint pollution ‘‘(6) The preservation, restoration, en- wetlands and fishery resources.’’ in sub- control strategies and measures’ means hancement or creation of coastal habitats.’’; section (a)(5) and inserting ‘‘of various indi- strategies and measures included as part of (4) by striking ‘‘and’’ after the semicolon vidual uses or activities on coastal waters, the coastal nonpoint pollution control pro- in subsection (c)(2)(D); habitats, and resources, including sources of gram under section 6217 of the Coastal Zone (5) by striking ‘‘section.’’ in subsection polluted runoff.’’; Act Reauthorization Amendments of 1990 (16 (c)(2)(E) and inserting ‘‘section;’’; (4) by adding at the end of subsection (a) (6) by adding at the end of subsection (c)(2) U.S.C. 1455b). the following: the following: ‘‘(20) The term ‘qualified local entity’ ‘‘(10) Development and enhancement of ‘‘(F) work, resources, or technical support means— coastal nonpoint pollution control program necessary to preserve, restore, enhance, or ‘‘(A) any local government; components, including the satisfaction of ‘‘(B) any areawide agency referred to in create coastal habitats; and conditions placed on such programs as part ‘‘(G) the coordination and implementation section 204(a)(1) of the Demonstration Cities of the Secretary’s approval of the programs. of approved coastal nonpoint pollution con- and Metropolitan Development Act of 1966 ‘‘(11) Significant emerging coastal issues trol plans.’’; and (42 U.S.C. 3334(a)(1)); as identified by coastal states, in consulta- (7) by striking subsections (d), (e), and (f) ‘‘(C) any regional agency; tion with the Secretary and qualified local and inserting after subsection (c) the fol- ‘‘(D) any interstate agency; entities.’’; lowing: ‘‘(E) any nonprofit organization; or (5) by striking ‘‘proposals, taking into ac- ‘‘(d) SOURCE OF FEDERAL GRANTS; STATE ‘‘(F) any reserve established under section count the criteria established by the Sec- MATCHING CONTRIBUTIONS.— 315.’’. retary under subsection (d).’’ in subsection ‘‘(1) IN GENERAL.—If a coastal state chooses (c) and inserting ‘‘proposals.’’; SEC. 206. REAUTHORIZATION OF MANAGEMENT to fund a project under this section, then— PROGRAM DEVELOPMENT GRANTS. ‘‘(A) it shall submit to the Secretary a (6) by striking subsection (d) and redesig- Section 305 (16 U.S.C. 1454) is amended to combined application for grants under this nating subsection (e) as subsection (d); (7) by striking ‘‘section, up to a maximum read as follows: section and section 306; ‘‘SEC. 305. MANAGEMENT PROGRAM DEVELOP- ‘‘(B) it shall match the combined amount of $10,000,000 annually’’ in subsection (f) and MENT GRANTS. of such grants in the ratio required by sec- inserting ‘‘section.’’; and ‘‘(a) STATES WITHOUT PROGRAMS.—In fiscal tion 306(a) for grants under that section; and (8) by redesignating subsections (f) and (g) years 2001, 2002, 2003, and 2004, the Secretary ‘‘(C) the Federal funding for the project as subsections (e) and (f), respectively. may make a grant annually to any coastal shall be a portion of that state’s annual allo- SEC. 211. COASTAL COMMUNITY PROGRAM. state without an approved program if the cation under section 306(a). The Act is amended by inserting after sec- coastal state demonstrates to the satisfac- ‘‘(2) USE OF FUNDS.—Grants provided under tion 309 the following: tion of the Secretary that the grant will be this section may be used to pay a coastal ‘‘SEC. 309A. COASTAL COMMUNITY PROGRAM. used to develop a management program con- state’s share of costs required under any ‘‘(a) COASTAL COMMUNITY GRANTS.—The sistent with the requirements set forth in other Federal program that is consistent Secretary may make grants to any coastal section 306. The amount of any such grant with the purposes of this section. state that is eligible under subsection (b)— shall not exceed $200,000 in any fiscal year, ‘‘(e) ALLOCATION OF GRANTS TO QUALIFIED ‘‘(1) to assist coastal communities in as- and shall require State matching funds ac- LOCAL ENTITY.—With the approval of the sessing and managing growth, public infra- cording to a 4-to-1 ratio of Federal-to-State Secretary, the eligible coastal state may al- structure, and open space needs in order to contributions. After an initial grant is made locate to a qualified local entity a portion of provide for sustainable growth, resource pro- to a coastal state under this subsection, no any grant made under this section for the tection and community revitalization; subsequent grant may be made to that coast- purpose of carrying out this section; except ‘‘(2) to provide management-oriented re- al state under this subsection unless the Sec- that such an allocation shall not relieve that search and technical assistance in devel- retary finds that the coastal state is satis- state of the responsibility for ensuring that oping and implementing community-based factorily developing its management pro- any funds so allocated are applied in further- growth management and resource protection gram. No coastal state is eligible to receive ance of the state’s approved management strategies in qualified local entities; more than 4 grants under this subsection. program. ‘‘(3) to fund demonstration projects which ‘‘(b) SUBMITTAL OF PROGRAM FOR AP- ‘‘(f) ASSISTANCE.—The Secretary shall as- have high potential for improving coastal PROVAL.—A coastal state that has completed sist eligible coastal states in identifying and zone management at the local level; the development of its management program obtaining from other Federal agencies tech- ‘‘(4) to assist in the adoption of plans, shall submit the program to the Secretary nical and financial assistance in achieving strategies, policies, or procedures to support for review and approval under section 306.’’. the objectives set forth in subsection (b).’’. local community-based environmentally-pro- SEC. 207. ADMINISTRATIVE GRANTS. SEC. 209. COASTAL ZONE MANAGEMENT FUND. tective solutions to the impacts and pres- (a) PURPOSES.—Section 306(a) (16 U.S.C. (a) TREATMENT OF LOAN REPAYMENTS.— sures on coastal uses and resources caused 1455(a)) is amended by inserting ‘‘including Section 308(a)(2) (16 U.S.C. 1456(a)(2)) is by development and sprawl that will— developing and implementing coastal amended to read as follows: ‘‘(A) revitalize previously developed areas; nonpoint pollution control program compo- ‘‘(2) Loan repayments made under this ‘‘(B) undertake conservation activities and nents,’’ after ‘‘program,’’. subsection— projects in undeveloped and environmentally (b) EQUITABLE ALLOCATION OF FUNDING.— ‘‘(A) shall be retained by the Secretary and sensitive areas; Section 306(c) (16 U.S.C. 1455(c)) is amended deposited into the Coastal Zone Management ‘‘(C) emphasize water-dependent uses; and by adding at the end thereof ‘‘In promoting Fund established under subsection (b); and ‘‘(D) protect coastal waters and habitats; equity, the Secretary shall consider the ‘‘(B) subject to amounts provided in Appro- and overall change in grant funding under this priations Acts, shall be available to the Sec- ‘‘(5) to assist coastal communities to co- section from the preceding fiscal year and retary for purposes of this title and trans- ordinate and implement approved coastal ap- minimize the relative increases or decreases ferred to the Operations, Research, and Fa- proved nonpoint pollution control strategies among all the eligible States. The Secretary cilities account of the National Oceanic and and measures that reduce the causes and im- shall ensure that each eligible State receives Atmospheric Administration to offset the pacts of polluted runoff on coastal waters increased funding under this section in any costs of implementing this title.’’. and habitats.’’. October 13, 2000 CONGRESSIONAL RECORD — SENATE S10597

‘‘(b) ELIGIBILITY.—To be eligible for a grant serting ‘‘is a network of areas protected by ‘‘(ii) conducting educational, interpretive, under this section for a fiscal year, a coastal Federal, state, and community partnerships or training activities for a national estua- state shall— which promotes informed management of rine reserve that are consistent with the ‘‘(1) have a management program approved the Nation’s estuarine and coastal areas education guidelines developed under sub- under section 306; and through interconnected programs in resource section (c).’’; ‘‘(2) in the judgment of the Secretary, be stewardship, education and training, and sci- (5) by striking ‘‘therein or $5,000,000, which- making satisfactory progress in activities entific understanding consisting of—’’. ever amount is less.’’ in paragraph (3)(A) and designed to result in significant improve- (b) Section 315(b)(2)(C) (16 U.S.C. inserting ‘‘therein. Non-Federal costs associ- ment in achieving the coastal management 1461(b)(2)(C)) is amended by striking ‘‘public ated with the purchase of any lands and wa- objectives specified in section 303(2)(A) education and interpretation; and’’; and in- ters, or interests therein, which are incor- through (K). serting ‘‘education, interpretation, training, porated into the boundaries of a reserve up ‘‘(c) ALLOCATIONS; SOURCE OF FEDERAL and demonstration projects; and’’. to 5 years after the costs are incurred, may GRANTS; STATE MATCHING CONTRIBUTIONS.— (c) Section 315(c) (16 U.S.C. 1461(c)) is be used to match the Federal share.’’; ‘‘(1) ALLOCATION.—Grants under this sec- amended) (6) by striking ‘‘and (iii)’’ in paragraph tion shall be allocated to coastal states as (1) by striking ‘‘RESEARCH’’ in the sub- (3)(B); provided in section 306(c). section caption and inserting ‘‘RESEARCH, (7) by striking ‘‘paragraph (1)(A)(iii)’’ in ‘‘(2) APPLICATION; MATCHING.—If a coastal EDUCATION, AND RESOURCE STEWARDSHIP’’; paragraph (3)(B) and inserting ‘‘paragraph state chooses to fund a project under this (2) by striking ‘‘conduct of research’’ and (1)(B)’’; section, then— inserting ‘‘conduct of research, education, (8) by striking ‘‘entire System.’’ in para- ‘‘(A) it shall submit to the Secretary a and resource stewardship’’; graph (3)(B) and inserting ‘‘System as a combined application for grants under this (3) by striking ‘‘coordinated research’’ in whole.’’; and section and section 306; and paragraph (1)) and inserting ‘‘coordinated re- (9) by adding at the end thereof the fol- ‘‘(B) it shall match the amount of the search, education, and resource steward- lowing: grant under this section on the basis of a ship’’; ‘‘(4) The Secretary may— total contribution of section 306, 306A, and (4) by striking ‘‘research’’ before ‘‘prin- ‘‘(A) enter into cooperative agreements, fi- this section so that, in aggregate, the match ciples’’ in paragraph (2); nancial agreements, grants, contracts, or is 1:1. (5) by striking ‘‘research programs’’ in other agreements with any nonprofit organi- ‘‘(d) ALLOCATION OF GRANTS TO QUALIFIED paragraph (2) and inserting ‘‘research, edu- zation, authorizing the organization to so- LOCAL ENTITY.— cation, and resource stewardship programs’’; licit donations to carry out the purposes and ‘‘(1) IN GENERAL.—With the approval of the (6) by striking ‘‘research’’ before ‘‘meth- policies of this section, other than general Secretary, the eligible coastal state may al- odologies’’ in paragraph (3); administration of reserves or the System and locate to a qualified local entity amounts re- (7) by striking ‘‘data,’’ in paragraph (3) and which are consistent with the purposes and ceived by the state under this section. inserting ‘‘information,’’; policies of this section; and ‘‘(2) ASSURANCES.—A coastal state shall en- (8) by striking ‘‘research’’ before ‘‘results’’ ‘‘(B) accept donations of funds and services sure that amounts allocated by the state in paragraph (3); for use in carrying out the purposes and poli- under paragraph (1) are used by the qualified (9) by striking ‘‘research purposes;’’ in cies of this section, other than general ad- local entity in furtherance of the state’s ap- paragraph (3) and inserting ‘‘research, edu- ministration of reserves or the System and proved management program, specifically cation, and resource stewardship purposes;’’; which are consistent with the purposes and furtherance of the coastal management ob- (10) by striking ‘‘research efforts’’ in para- policies of this section. jectives specified in section 303(2). graph (4) and inserting ‘‘research, education, Donations accepted under this section shall ‘‘(e) ASSISTANCE.—The Secretary shall as- and resource stewardship efforts’’; sist eligible coastal states and qualified local be considered as a gift or bequest to or for (11) by striking ‘‘research’’ in paragraph (5) the use of the United States for the purpose entities in identifying and obtaining from and inserting ‘‘research, education, and re- other Federal agencies technical and finan- of carrying out this section.’’. source stewardship’’; and (f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is cial assistance in achieving the objectives (12) by striking ‘‘research’’ in the last sen- amended by inserting ‘‘coordination with set forth in subsection (a).’’. tence. other state programs established under sec- SEC. 212. TECHNICAL ASSISTANCE. (d) Section 315(d) (16 U.S.C. 1461(d)) is tions 306 and 309A,’’ after ‘‘including’’. Section 310(b) (16 U.S.C. 1456c(b)) is amend- amended— SEC. 216. COASTAL ZONE MANAGEMENT RE- ed by adding at the end thereof the fol- (1) by striking ‘‘ESTUARINE RESEARCH.—’’ PORTS. lowing: in the subsection caption and inserting ‘‘ES- Section 316 (16 U.S.C. 1462) is amended— ‘‘(4) The Secretary may conduct a program TUARINE RESEARCH, EDUCATION, AND RE- (1) by striking ‘‘to the President for trans- to develop and apply innovative coastal and SOURCE STEWARDSHIP.—’’; estuarine environmental technology and (2) by striking ‘‘research purposes’’ and in- mittal’’ in subsection (a); methodology through a cooperative program. serting ‘‘research, education, and resource (2) by striking ‘‘zone and an evaluation of The Secretary may make extramural grants stewardship purposes’’; the effectiveness of financial assistance in carrying out the purpose of this sub- (3) by striking paragraph (1) and inserting under section 308 in dealing with such con- section.’’. the following: sequences;’’ and inserting ‘‘zone;’’ in the pro- SEC. 213. PERFORMANCE REVIEW. ‘‘(1) giving reasonable priority to research, vision designated as (10) in subsection (a); Section 312(a) (16 U.S.C. 1458(a)) is amended education, and stewardship activities that (3) by inserting ‘‘education,’’ after the by inserting ‘‘coordinated with National Es- use the System in conducting or supporting ‘‘studies,’’ in the provision designated as (12) tuarine Research Reserves in the state’’ activities relating to estuaries; and’’; in subsection (a); after ‘‘303(2)(A) through (K),’’. (4) by striking ‘‘research.’’ in paragraph (2) (4) by striking ‘‘Secretary’’ in the first sen- tence of subsection (c)(1) and inserting ‘‘Sec- SEC. 214. WALTER B. JONES AWARDS. and inserting ‘‘research, education, and re- retary, in consultation with coastal states, Section 314 (16 U.S.C. 1460) is amended— source stewardship activities.’’; and and with the participation of affected Fed- (1) by striking ‘‘shall, using sums in the (5) by adding at the end thereof the fol- eral agencies.’’; Coastal Zone Management Fund established lowing: (5) by striking the second sentence of sub- under section 308’’ in subsection (a) and in- ‘‘(3) establishing partnerships with other section (c)(1) and inserting the following: serting ‘‘may, using sums available under Federal and state estuarine management ‘‘The Secretary, in conducting such a review, this Act’’; programs to coordinate and collaborate on (2) by striking ‘‘field.’’ in subsection (a) estuarine research.’’. shall coordinate with, and obtain the views and inserting the following: ‘‘field of coastal (e) Section 315(e) (16 U.S.C. 1461(e)) is of, appropriate Federal agencies.’’; zone management. These awards, to be amended— (6) by striking ‘‘shall promptly’’ in sub- known as the ‘Walter B. Jones Awards’, may (1) by striking ‘‘reserve,’’ in paragraph section (c)(2) and inserting ‘‘shall, within 4 include— (1)(A)(i) and inserting ‘‘reserve; and’’; years after the date of enactment of the ‘‘(1) cash awards in an amount not to ex- (2) by striking ‘‘and constructing appro- Coastal Zone Management Act of 2000,’’; and ceed $5,000 each; priate reserve facilities, or’’ in paragraph (7) by adding at the end of subsection (c)(2) ‘‘(2) research grants; and (a)(A)(ii) and inserting ‘‘including resource the following: ‘‘If sufficient funds and re- ‘‘(3) public ceremonies to acknowledge stewardship activities and constructing re- sources are not available to conduct such a such awards.’’; serve facilities; and’’; review, the Secretary shall so notify the (3) by striking ‘‘shall elect annually—’’ in (3) by striking paragraph (1)(A)(iii); Congress.’’. subsection (b) and inserting ‘‘may select an- (4) by striking paragraph (1)(B) and insert- SEC. 217. AUTHORIZATION OF APPROPRIATIONS. nually if funds are available under sub- ing the following: Section 318 (16 U.S.C. 1464) is amended— section (a)—’’; and ‘‘(B) to any coastal state or public or pri- (1) by striking paragraphs (1) and (2) of (4) by striking subsection (e). vate person for purposes of— subsection (a) and inserting the following: SEC. 215. NATIONAL ESTUARINE RESEARCH RE- ‘‘(i) supporting research and monitoring ‘‘(1) for grants under sections 306, 306A, and SERVE SYSTEM. associated with a national estuarine reserve 309— (a) Section 315(a) (16 U.S.C. 1461(a)) is that are consistent with the research guide- ‘‘(A) $70,000,000 for fiscal year 2000; amended by striking ‘‘consists of—’’ and in- lines developed under subsection (c); or ‘‘(B) $80,000,000 for fiscal year 2001; S10598 CONGRESSIONAL RECORD — SENATE October 13, 2000 ‘‘(C) $83,500,000 for fiscal year 2002; maintaining adequate recruitment and sus- Commerce, Science, and Transportation of ‘‘(D) $87,000,000 for fiscal year 2003; and tainable fishing opportunities. In conducting the Senate on the use of Federal assistance ‘‘(E) $90,500,000 for fiscal year 2004; the study, the Secretaries shall consider— provided to the Commission and the States ‘‘(2) for grants under section 309A— (1) long-term stock assessment data and under this title. Each biennial report shall ‘‘(A) $25,000,000 for fiscal year 2000; other fishery-dependent and independent evaluate the success of such assistance in ‘‘(B) $26,000,000 for fiscal year 2001; data for Atlantic striped bass; and implementing this title. ‘‘(C) $27,000,000 for fiscal year 2002; (2) the results of peer-reviewed research Subtitle C—Atlantic Tunas Management ‘‘(D) $28,000,000 for fiscal year 2003; and funded under the Atlantic Striped Bass Con- ‘‘(E) $29,000,000 for fiscal year 2004; of which servation Act. SEC. 361. USE OF AIRCRAFT PROHIBITED. $10,000,000, or 35 percent, whichever is less, (b) REPORT.—Not later than 180 days after Section 7(a) of the Atlantic Tunas Conven- shall be for purposes set forth in section the date of the enactment of this Act, the tion Act of 1975 (16 U.S.C. 971e(a)) is 309A(a)(5); Secretaries, in consultation with the Atlan- amended— ‘‘(3) for grants under section 315— tic States Marine Fisheries Commission, (1) by striking ‘‘or’’ after the semicolon in ‘‘(A) $7,000,000 for fiscal year 2000; shall submit to the Committee on Resources paragraph (1); ‘‘(B) $12,000,000 for fiscal year 2001; of the House of Representatives and the (2) by striking ‘‘fish.’’ in paragraph (2) and ‘‘(C) $13,000,000 for fiscal year 2002; Committee on Commerce, Science, and inserting ‘‘fish; or’’; and ‘‘(D) $14,000,000 for fiscal year 2003; and Transportation and the Committee on Envi- (3) by adding at the end the following: ‘‘(E) $15,000,000 for fiscal year 2004; ronment and Public Works of the Senate the ‘‘(3) for any person, other than a person ‘‘(4) for grants to fund construction results of the study and a long-term plan to holding a valid Federal permit in the purse projects at estuarine reserves designated ensure a balanced and healthy population seine category— under section 315, $12,000,000 for each of fiscal structure of Atlantic striped bass, including ‘‘(A) to sue an aircraft to locate or other- years 2000, 2001, 2002, 2003, and 2004; and older fish. The report shall include informa- wise assist in fishing for, catching, or retain- ‘‘(5) for costs associated with admin- tion regarding— ing Atlantic bluefin tuna; or istering this title, $6,500,000 for fiscal year (1) the structure of the Atlantic striped ‘‘(B) to catch, possess, or retain Atlantic 2000 and such sums as are necessary for fiscal bass population required to maintain ade- bluefin tuna located by use of an aircraft.’’. years 2001–2004.’’; quate recruitment and sustainable fishing TITLE IV—SHARK FINNING (2) by striking ‘‘306 or 309.’’ in subsection opportunities; and SEC. 401. SHORT TITLE. (b) and inserting ‘‘306.’’; (2) recommendations for measures nec- This title may be cited as the ‘‘Shark Con- (3) by striking ‘‘during the fiscal year, or essary to achieve and maintain the popu- servation Act’’. during the second fiscal year after the fiscal lation structure described in paragraph (1). SEC. 402. PURPOSE. year, for which’’ in subsection (c) and insert- (c) AUTHORIZATION.—There are authorized The purpose of this title is to eliminate ing ‘‘within 3 years from when’’; to be appropriated to the Secretary of Com- shark-finning by addressing the problem (4) by striking ‘‘under the section for such merce $250,000 to carry out this section. comprehensively at both the national and reverted amount was originally made avail- Subtitle B—Atlantic Coastal Fisheries international levels. able.’’ in subsection (c) and inserting ‘‘to Cooperative Management SEC. 403. PROHIBITION ON REMOVING SHARK states under this Act.’’; and SEC. 331. SHORT TITLE. (5) by adding at the end thereof the fol- FIN AND DISCARDING SHARK CAR- This subtitle may be cited as the ‘‘Atlantic CASS AT SEA. lowing: Coastal Fisheries Act of 2000’’. Section 307(1) of the Magnuson-Stevens ‘‘(d) PURCHASE OF OTHERWISE UNAVAILABLE SEC. 332. REAUTHORIZATION OF ATLANTIC Fishery Conservation and Management Act FEDERAL PRODUCTS AND SERVICES.—Federal COASTAL FISHERIES COOPERATIVE (16 U.S.C. 1857(1)) is amended- funds allocated under this title may be used MANAGEMENT ACT. (1) by striking ‘‘or’ after the semicolon in by grantees to purchase Federal products (a) AUTHORIZATION OF APPROPRIATIONS.— subparagraph (N); and services not otherwise available. Section 811 of the Atlantic Coastal Fisheries (2) by striking ‘‘section 302(j)(7)(A).’’ in ‘‘(e) RESTRICTION ON USE OF AMOUNTS FOR Cooperative Management Act (16 U.S.C. 5108) subparagraph (O) and inserting ‘‘section PROGRAM, ADMINISTRATIVE, OR OVERHEAD is amended to read as follows: 302(j)(7)(A); or’’; and COSTS.—Except for funds appropriated under ‘‘SEC. 811. AUTHORIZATION OF APPROPRIATIONS. (3) by adding at the end the following: subsection (a)(5), amounts appropriated ‘‘(a) IN GENERAL.—To carry out this title, ‘‘(P)(i) to remove any of the fins of a shark under this section shall be available only for there are authorized to be appropriated— (including the tail) and discard the carcass of grants to states and shall not be available ‘‘(1) $10,000,000 for each of fiscal year 2001; the shark at sea; for other program, administrative, or over- ‘‘(2) $12,000,000 for each of fiscal year 2002; ‘‘(ii) to have custody, control, or posses- head costs of the National Oceanic and At- ‘‘(3) $14,000,000 for each of fiscal year 2003; sion of any such fin aboard a fishing vessel mospheric Administration or the Depart- ‘‘(4) $16,000,000 for each of fiscal year 2004; without the corresponding carcass; or ment of Commerce.’’. and ‘‘(iii) to land any such fin without the cor- SEC. 218. SENSE OF CONGRESS. ‘‘(5) $18,000,000 for each of fiscal year 2005; responding carcass. It is the sense of Congress that the Under- ‘‘(b) COOPERATIVE STATISTICS PROGRAM.— ‘‘For purposes of subparagraph (P) there is a secretary for Oceans and Atmosphere should Amounts authorized under subsection (a) rebuttable presumption that any shark fins re-evaluate the calculation of shoreline mile- may be used by the Secretary to support the landed from a fishing vessel or found on age used in the distribution of funding under Commission’s cooperative statistics pro- board a fishing vessel were taken, held, or the Coastal Zone Management Program to gram.’’. landed in violation of subparagraph (P) if the ensure equitable treatment of all regions of (b) TECHNICAL CORRECTIONS.— total weight of shark fins landed or found on the coastal zone, including the Southeastern (1) IN GENERAL.—Such Act is amended— board exceeds 5 percent of the total weight of States and the Great Lakes States. (A) in section 802(3) (16 U.S.C. 5101(3)) by shark carcasses landed or found on board.’’. TITLE III—ATLANTIC FISHERIES striking ‘‘such resources in’’ and inserting ‘‘such resources is’’; and SEC. 404. REGULATIONS. Subtitle A—Reauthorization of Atlantic (B) by striking section 812 and the second No later than 180 days after the date of en- Striped Bass Conservation Act section 811. actment of this Act, the Secretary of Com- SEC. 301. REAUTHORIZATION OF ATLANTIC (2) AMENDMENTS TO REPEAL NOT AF- merce shall promulgate regulations imple- STRIPED BASS CONSERVATION ACT. FECTED.—The amendments made by para- menting the provisions of section 307(1)(P) of Section 7(a) of the Atlantic Striped Bass graph (1)(B) shall not affect any amendment the Magnuson-Stevens Fishery Conservation Conservation Act (16 U.S.C. 1851 note) is or repeal made by the sections struck by and Management Act (16 U.S.C. 1857(1)(P)), as amended to read as follows: that paragraph. added by section 403 of this title. ‘‘(a) AUTHORIZATION.—For each of fiscal (3) SHORT TITLE REFERENCES.—Such Act is SEC. 405. INTERNATIONAL NEGOTIATIONS. years 2001, 2002, and 2003, there are author- further amended by striking ‘‘Magnuson The Secretary of Commerce, acting ized to be appropriated to carry out this Fishery’’ each place it appears and inserting through the Secretary of State, shall— Act— ‘‘Magnuson-Stevens Fishery’’. (1) initiate discussions as soon as possible ‘‘(1) $1,000,000 to the Secretary of Com- (c) REPORTS.— for the purpose of developing bilateral or merce; and (1) ANNUAL REPORT TO THE SECRETARY.— multilateral agreements with other nations ‘‘(2) $250,000 to the Secretary of the Inte- The Secretary shall require, as a condition of for the prohibition on shark-finning; rior.’’. providing financial assistance under this (2) initiate discussions as soon as possible SEC. 302. POPULATION STUDY OF STRIPED BASS. title, that the Commission and each State with all foreign governments which are en- (a) STUDY.—The Secretaries (as that term receiving such assistance submit to the Sec- gaged in, or which have persons or compa- is defined in the Atlantic Striped Bass Con- retary an annual report that provides a de- nies engaged in shark-finning, for the pur- servation Act), in consultation with the At- tailed accounting of the use the assistance. poses of— lantic States Marine Fisheries Commission, (2) BIENNIAL REPORTS TO THE CONGRESS.— (A) collecting information on the nature shall conduct a study to determine if the dis- The Secretary shall submit biennial reports and extent of shark-finning by such persons tribution of year classes in the Atlantic to the Committee on Resources of the House and the landing or transshipment of shark striped bass population is appropriate for of Representatives and the Committee on fins through foreign ports; and October 13, 2000 CONGRESSIONAL RECORD — SENATE S10599 (B) entering into bilateral and multilateral section 303 or of section 307(1)(P) of the Mag- (A) One member who is an official of the treaties with such countries to protect such nuson-Stevens Fishery Conservation and United States Government with expertise in species; Management Act (16 U.S.C. 1853, 1857(1)(P). salmon conservation and management, who (3) seek agreements calling for an inter- (6) Research on the nature and extent of shall be appointed by the Secretary of State. national ban on shark-finning and other fish- the harvest of sharks and shark fins by for- (B) One member who is an official of the ing practices adversely affecting these spe- eign fleets and the international trade in State of Alaska with expertise in salmon cies through the United Nations, the Food shark fins and other shark products. conservation and management, who shall be and Agriculture Organization’s Committee SEC. 408. WESTERN PACIFIC LONGLINE FISH- appointed by the Governor of Alaska. on Fisheries, and appropriate regional fish- ERIES COOPERATIVE RESEARCH (C) Four members who are knowledgeable ery management bodies; PROGRAM. and experienced with regard to the salmon (4) initiate the amendment of any existing The National Marine Fisheries Service, in fisheries on the Yukon River, who shall be international treaty for the protection and consultation with the Western Pacific Fish- appointed by the Secretary of State. conservation of species of sharks to which eries Management Council, shall initiate a (2) APPOINTEES FROM ALASKA.— the United States is a party in order to make cooperative research program with the com- (A) The Secretary of State shall appoint such treaty consistent with the purposes and mercial longlining industry to carry out ac- the members under paragraph (1)(C) from a policies of this section; tivities consistent with this title, including list of at least three individuals nominated (5) urge other governments involved in research described in section 407 of this title. for each position by the Governor of Alaska. fishing for or importation of shark or shark The service may initiate such shark coopera- (B) In making the nominations, the Gov- products to fulfill their obligations to collect tive research programs upon the request of ernor of Alaska may consider suggestions for biological data, such as stock abundance and any other fishery management council. nominations provided by organizations with by-catch levels, as well as trade data, on SEC. 409. SHARK-FINNING DEFINED. expertise in Yukon River salmon fisheries. shark species as called for in the 1995 Resolu- In this Act, the term ‘‘shark-finning’’ (C) The Governor of Alaska may make ap- tion on Cooperation with FAO with Regard means the taking of a shark, removing the propriate nominations to allow for appoint- to study on the Status of Sharks and By- fin or fins (whether or not including the tail) ment of, and the Secretary of State shall ap- Catch of Shark Species; and of a shark, and returning the remainder of point, under paragraph (1)(C)— (6) urge other governments to prepare and the shark to the sea. (i) at least one member who is qualified to submit their respective National Plan of Ac- SEC. 410. AUTHORIZATION OF APPROPRIATIONS. represent the interests of Lower Yukon tion for the Conservation and Management There are authorized to be appropriated to River fishing districts; and of Sharks of the 2001 session of the FAO the Secretary of Commerce for fiscal years (ii) at least one member who is qualified to Committee on Fisheries, as set forth in the 2001 through 2005 such sums as are necessary represent the interests of Upper Yukon River International Plan for Action for the Con- to carry out this title. fishing districts. servation and Management of Sharks. (D) At least one of the members appointed TITLE V—EXTENSION OF PERIOD FOR RE- under paragraph (1)(C) shall be an Alaska SEC. 406. REPORT TO CONGRESS IMBURSEMENT UNDER FISHERMEN’S Native. The Secretary of Commerce, in consulta- PROTECTIVE ACT OF 1967 (3) ALTERNATES.— tion with the Secretary of State, shall pro- SEC. 501. SHORT TITLE. (A) The Secretary of State may designate vide to Congress, by not later than 1 year This title may be cited as the ‘‘Fisher- an alternate Panel member for each Panel after the date of enactment of this Act, and men’s Protective Act Amendments of 2000’’. member the Secretary appoints under para- every year thereafter, a report which— SEC. 502. EXTENSION OF PERIOD FOR REIM- graphs (1)(A) and (C), who meets the same (1) includes a list that identifies nations BURSEMENT UNDER FISHERMEN’S qualifications, to serve in the absence of the whose vessels conduct shark-finning and de- PROTECTIVE ACT OF 1967. Panel member. tails the extent of the international trade in (a) IN GENERAL.—Section 7(e) of the Fisher- (B) The Governor of the State of Alaska shark fins, including estimates of value and men’s Protective Act of 1967 (22 U.S.C. may designate an alternative Panel member information on harvesting of shark fins, and 1977(e)) is amended by striking ‘‘2000’’ and in- for the Panel member appointed under para- landings or transshipment of shark fins serting ‘‘2003’’. graph (1)(B), who meets the same qualifica- through foreign ports; (b) CLERICAL AMENDMENT.—Section 7(a)(3) tions, to serve in the absence of that Panel (2) describes the efforts taken to carry out of the Fishermen’s Protective Act of 1967 (22 member. this title, and evaluates the progress of those U.S.C. 1977(a)(3)) is amended by striking (c) TERM LENGTH.—Panel members and al- efforts; ‘‘Secretary of the Interior’’ and inserting ternate Panel members shall serve four-year (3) sets forth a plan for action to adopt ‘‘Secretary of Commerce’’. terms. Any individual appointed to fill a va- international measures for the conservation TITLE VI—YUKON RIVER SALMON cancy occurring before the expiration of any of sharks; and SEC. 601. SHORT TITLE. term shall be appointed for the remainder of (4) includes recommendations for measures This title may be cited as the ‘‘Yukon that term. to ensure that United States actions are con- River Salmon Act of 2000’’. (d) REAPPOINTMENT.—Panel members and sistent with national, international, and re- alternate Panel members shall be eligible for SEC. 602. YUKON RIVER SALMON PANEL. gional obligations relating to shark popu- reappointment. (a) ESTABLISHMENT.— lations, including those listed under the Con- (e) DECISIONS.—Decisions of the Panel shall (1) IN GENERAL.—There shall be a Yukon servation on International Trade in Endan- be made by the consensus of the Panel mem- gered Species of Wild Flora and Fauna. River Salmon Panel (in this title referred to as the ‘‘Panel’’). bers appointed under subparagraphs (B) and SEC. 407. RESEARCH. (C) of subsection (b)(1). (2) FUNCTIONS.—The Panel shall— The Secretary of Commerce, subject to the (A) advise the Secretary of State regarding (f) CONSULTATION.—In carrying out their availability of appropriations authorized by the negotiation of any international agree- functions, Panel members may consult with section 410, shall establish a research pro- ment with Canada relating to the manage- such other interested parties as they con- gram for Pacific and Atlantic sharks to en- ment of salmon stocks originating from the sider appropriate. gage in the following data collection and re- Yukon River in Canada; SEC. 603. ADVISORY COMMITTEE. search: (B) advise the Secretary of the Interior re- (a) APPOINTMENTS.—The Governor of Alas- (1) The collection of data to support stock garding restoration and enhancement of such ka may establish and appoint an advisory assessments of shark populations subject to salmon stocks; and committee (in this title referred to as the incidental or directed harvesting by com- (C) perform other functions relating to ‘‘advisory committee’’) of not less than mercial vessels, giving priority to species ac- conservation and management of such salm- eight, but not more than 12, individuals who cording to vulnerability of the species to on stocks as authorized by this title or any are knowledgeable and experienced with re- fishing gear and fishing mortality, and its other law. gard to the salmon fisheries on the Yukon population status. (3) DESIGNATION AS UNITED STATES REP- River. At least two of the advisory com- (2) Research to identify fishing gear and RESENTATIVES ON BILATERAL BODY.—The Sec- mittee members shall be Alaska Natives. practices that prevent or minimize inci- retary of State may designate the members Members of the advisory committee may at- dental catch of sharks in commercial and of the Panel to be the United States rep- tend all meetings of the Panel, and shall be recreational fishing. resentatives on any successor to the panel given the opportunity to examine and be (3) Research on fishing methods that will established by the interim agreement for the heard on any matter under consideration by ensure maximum likelihood of survival or conservation of salmon stocks originating the Panel. captured sharks after release. from the Yukon River in Canada agreed to (b) COMPENSATION.—The members of such (4) Research on methods for releasing through an exchange of notes between the advisory committee shall receive no com- sharks from fishing gear that minimize risk Government of the United States and the pensation for their services. of injury to fishing vessels operators and Government of Canada on February 3, 1995, if (c) TERM LENGTH.—Members of such advi- crews. authorized by any agreement establishing sory committee shall serve two-year terms. (5) Research on methods of maximize the such successor. Any individual appointed to fill a vacancy utilization of, and funding to develop the (b) MEMBERSHIP.— occurring before the expiration of any term market for, sharks not taken in violation of (1) IN GENERAL.—The Panel shall be com- shall be appointed for the remainder of that a fishing management plan approved under prised of six members, as follows: term. S10600 CONGRESSIONAL RECORD — SENATE October 13, 2000

(d) REAPPOINTMENT.—Members of such ad- SEC. 608. AUTHORIZATION OF APPROPRIATIONS. TITLE VIII—CORAL REEF CONSERVATION visory committee shall be eligible for re- There are authorized to be appropriated to SEC. 801. SHORT TITLE. appointment. the Secretary of the Interior to carry out This Act may be cited as the ‘‘Coral Reef SEC. 604. EXEMPTION. this title $4,000,000 for each of fiscal years Conservation Act of 2000’’. The Federal Advisory Committee Act (5 2000, 2001, 2002, and 2003, of which— SEC. 802. PURPOSES. U.S.C. App.) shall not apply to the Panel or (1) such sums as are necessary shall be The purposes of this Act are: to the advisory committee. available each fiscal year for travel expenses (1) to preserve, sustain, and restore the SEC. 605. AUTHORITY AND RESPONSIBILITY. of Panel members, alternate Panel members, condition of coral reef ecosystems; (a) RESPONSIBLE MANAGEMENT ENTITY.— United States members of the Joint Tech- (2) to promote the wise management and The State of Alaska Department of Fish and nical Committee established by paragraph sustainable use of coral reef ecosystems to Game shall be the responsible management C.2 of the memorandum of understanding benefit local communities and the Nation; entity for the United States for the purposes concerning the Pacific Salmon Treaty be- (3) to develop sound scientific information of any agreement with Canada regarding tween the Government of the United States on the condition of coral reef ecosystems and management of salmon stocks originating and the Government of Canada (recorded the threats to such ecosystems; from the Yukon River in Canada. January 28, 1985), and members of the advi- (4) to assist in the preservation of coral (b) EFFECT OF DESIGNATION.—The designa- sory committee, in accordance with Federal reefs by supporting conservation programs, tion under subsection (a) shall not be consid- Travel Regulations and sections 5701, 5702, including projects that involve affected local ered to expand, diminish, or otherwise 5704 through 5708, and 5731 of title 5, United communities and nongovernmental organiza- change the management authority of the States Code; tions; State of Alaska or the Federal Government (2) such sums as are necessary shall be (5) to provide financial resources for those with respect to fishery resources. available for the United States share of ex- programs and projects; and (6) to establish a formal mechanism for (c) RECOMMENDATIONS OF PANEL.—In addi- penses incurred by the Joint Technical Com- collecting and allocating monetary dona- tion to recommendations made by the Panel mittee and any panel established by any tions from the private sector to be used for to the responsible management entities in agreement between the Government of the coral reef conservation projects. accordance with any agreement with Canada United States and the Government of Canada regarding management of salmon stocks SEC. 803. NATIONAL CORAL REEF ACTION STRAT- for restoration and enhancement of salmon originating from the Yukon River in Canada, EGY. originating in Canada; the Panel may make recommendations con- (a) IN GENERAL.—Not later than 180 days (3) up to $3,000,000 shall be available each cerning the conservation and management of after the date of enactment of this Act, the fiscal year for activities by the Department salmon originating in the Yukon River to Administrator shall submit to the Com- of the Interior and the Department of Com- the Department of the Interior, the Depart- mittee on Commerce, Science, and Transpor- merce for survey, restoration, and enhance- ment of Commerce, the Department of State, tation of the Senate and to the Committee the North Pacific Fishery Management ment activities related to salmon stocks on Resources of the House of Representatives Council, and other Federal or State entities originating from the Yukon River in Canada, and publish in the Federal Register a na- as appropriate. Recommendations by the of which up to $1,200,000 shall be available tional coral reef action strategy, consistent Panel shall be advisory in nature. each fiscal year for Yukon River salmon with the purposes of this Act. The Adminis- stock restoration and enhancement projects SEC. 606. ADMINISTRATIVE MATTERS. trator shall periodically review and revise under section 507(b); and (a) COMPENSATION.—Panel members and al- the strategy as necessary. In developing this ternate Panel members who are not State or (4) $600,000 shall be available each fiscal national strategy, the Secretary may con- Federal employees shall receive compensa- year for cooperative salmon research and sult with the Coral Reef Task Force estab- tion at the daily rate of GS–15 of the General management projects in the portion of the lished under Executive Order 13089 (June 11, Schedule when engaged in the actual per- Yukon River drainage located in the United 1998). formance of duties. States that are recommended by the Panel. (b) GOALS AND OBJECTIVES.—The action (b) TRAVEL AND OTHER NECESSARY EX- TITLE VII—FISHERY INFORMATION strategy shall include a statement of goals PENSES.—Travel and other necessary ex- ACQUISITION and objectives as well as an implementation penses shall be paid by the Secretary of the SEC. 701. SHORT TITLE. plan, including a description of the funds ob- Interior for all Panel members, alternate ligated each fiscal year to advance coral reef This title may be cited as the ‘‘Fisheries Panel members, and members of the advisory conservation. The action strategy and imple- Survey Vessel Authorization Act of 2000’’. committee when such members are engaged mentation plan shall include discussion of— in the actual performance of duties for the SEC. 702. ACQUISITION OF FISHERY SURVEY VES- (1) coastal uses and management; Panel or advisory committee. SELS. (2) water and air quality; (c) TREATMENT AS FEDERAL EMPLOYEES.— (a) IN GENERAL.—The Secretary of Com- (3) mapping and information management; Except for officials of the United States Gov- merce, subject to the availability of appro- (4) research, monitoring, and assessment; ernment, all Panel members, alternate Panel priations, may in accordance with this sec- (5) international and regional issues; members, and members of the advisory com- tion acquire, by purchase, lease, lease-pur- (6) outreach and education; (7) local strategies developed by the States mittee shall not be considered to be Federal chase, or charter, and equip up to six fishery or Federal agencies, including regional fish- employees while engaged in the actual per- survey vessels in accordance with this sec- formance of duties, except for the purposes tion. ery management councils; and (8) conservation, including how the use of of injury compensation or tort claims liabil- (b) VESSEL REQUIREMENTS.—Any vessel ac- marine protected areas to serve as replenish- ity as provided in chapter 81 of title 5, quired and equipped under this section ment zones will be developed consistent with United States Code, and chapter 71 of title must— local practices and traditions. 28, United States Code. (1) be capable of— SEC. 804. CORAL REEF CONSERVATION PRO- SEC. 607. YUKON RIVER SALMON STOCK RES- (A) staying at sea continuously for at least GRAM. TORATION AND ENHANCEMENT 30 days; PROJECTS. (a) GRANTS.—The Secretary, through the (B) conducting fishery population surveys Administrator and subject to the avail- (a) IN GENERAL.—The Secretary of the In- using hydroacoustic, longlining, deep water, terior, in consultation with the Secretary of ability of funds, shall provide grants of fi- and pelagic trawls, and other necessary sur- nancial assistance for projects for the con- Commerce, may carry out projects to restore vey techniques; and or enhance salmon stocks originating from servation of coral reefs, hereafter called (C) conducting other work necessary to coral conservation projects, for proposals ap- the Yukon River in Canada and the United provide fishery managers with the accurate States. proved by the Administrator in accordance and timely data needed to prepare and im- with this section. (b) COOPERATION WITH CANADA.—If there is plement fishery management plans; and in effect an agreement between the Govern- (b) MATCHING REQUIREMENTS.— (2) have a hull that meets the Inter- ment of the United States and the Govern- (1) 50 PERCENT.—Except as provided in national Council for Exploration of the Sea ment of Canada for the conservation of salm- paragraph (2), Federal funds for any coral standard regarding acoustic quietness. on stocks originating from the Yukon River conservation project under this section may (c) FISHERIES RESEARCH VESSEL PROCURE- in Canada that includes provisions governing not exceed 50 percent of the total cost of MENT.—Notwithstanding section 644 of title projects authorized under this section, such project. For purposes of this paragraph, 15, United States Code, and section 19.502–2 of then— the non-Federal share of project costs may (1) projects under this section shall be car- title 48, Code of Federal Regulations, the be provided by in-kind contributions and ried out in accordance with that agreement; Secretary of Commerce shall seek to procure other noncash support. and Fisheries Research Vessels through full and (2) WAIVER.—The Administrator may waive (2) amounts available for projects under open competition from responsible United all or part of the matching requirement this section— States shipbuilding companies irrespective under paragraph (1) if the Administrator de- (A) shall be expended in accordance with of size. termines that no reasonable means are avail- the agreement; and (d) AUTHORIZATION.—To carry out this sec- able through which applicant can meet the (B) may be deposited in any joint account tion there are authorized to be appropriated matching requirement and the probable ben- established by the agreement to fund such to the Secretary of Commerce $60,000,000 for efit of such project outweighs the public in- projects. each of fiscal years 2002, 2003, and 2004. terest in such matching requirement. October 13, 2000 CONGRESSIONAL RECORD — SENATE S10601

(c) ELIGIBILITY.—Any natural resource (D) provide written notification of that ap- nization may accept, receive, solicit, hold, management authority of a State or other proval or disapproval to the person who sub- administer, and use any gift to further the government authority with jurisdiction over mitted the proposal, and each of those States purposes of this Act. Any monies received as coral reefs or whose activities directly or in- and other government jurisdictions that pro- a gift shall be deposited and maintained in directly affect coral reefs, or coral reef eco- vided comments under subparagraph (A). the Fund established by the organization systems, or educational or non-governmental (g) CRITERIA FOR APPROVAL.—The Adminis- under subsection (a). institutions with demonstrated expertise in trator may not approve a project proposal (c) REVIEW OF PERFORMANCE.—The Admin- the conservation of coral reefs, may submit under this section unless the project is con- istrator shall conduct a continuing review of to the Administrator a coral conservation sistent with the coral reef action strategy the grant program administered by an orga- proposal under subsection (e) of this section. under section 3 and will enhance the con- nization under this section. Each review (d) GEOGRAPHIC AND BIOLOGICAL DIVER- servation of coral reefs by— shall include a written assessment con- SITY.—The Administrator shall ensure that (1) implementing coral conservation pro- cerning the extent to which that organiza- funding for grants awarded under subsection grams which promote sustainable develop- tion has implemented the goals and require- (b) of this section during a fiscal year are ment and ensure effective, long-term con- ments of this section and the national coral distributed in the following manner— servation of coral reefs; reef action strategy under section 3. (1) no less than 40 percent of funds avail- (2) addressing the conflicts arising from (d) ADMINISTRATION.—Under an agreement able shall be awarded for coral conservation the use of environments near coral reefs or entered into pursuant to subsection (a) of projects in the Pacific Ocean within the mar- from the use of corals, species associated this section, the Administrator may transfer itime areas and zones subject to the jurisdic- with coral reefs, and coral products; funds appropriated to carry out this Act to tion or control of the United States; (3) enhancing compliance with laws that an organization. Amounts received by an or- (2) no less than 40 percent of the funds prohibit or regulate the taking of coral prod- ganization under this subsection may be available shall be awarded for coral con- ucts or species associated with coral reefs or used for matching, in whole or in part, con- servation projects in the Atlantic Ocean, the regulate the use and management or coral tributions (whether in money, services, or Gulf of Mexico, and the Caribbean Sea within reef ecosystems; property) made to the organization by pri- the maritime areas and zones subject to the (4) developing sound scientific information vate persons and State and local government jurisdiction or control of the United States; on the condition of coral reef ecosystems or agencies. and the threats to such ecosystems, including SEC. 806. EMERGENCY ASSISTANCE. (3) remaining funds shall be awarded for factors that cause coral disease; The Administrator may make grants to projects that address emerging priorities or (5) promoting and assisting to implement any State, local, or territorial government threats, including international priorities or cooperative coral reef conservation projects agency with jurisdiction over coral reefs for threats, identified by the Administrator. that involve affected local communities, emergencies to address unforeseen or dis- When identifying emerging threats or prior- non-governmental organizations, or others aster-related circumstance pertaining to ities, the Administrator may consult with in the private sector; coral reefs or coral reef ecosystems. the Coral Reef Task Force. (6) increasing public knowledge and aware- SEC. 807. NATIONAL PROGRAM. (e) PROJECT PROPOSALS.—Each proposal for ness of coral reef ecosystems and issues re- (a) IN GENERAL.—Subject to the avail- a grant under this section shall include the garding their long term conservation; ability of appropriations, the Secretary may following: conduct activities to conserve coral reefs (1) The name of the individual or entity re- (7) mapping the location and distribution of coral reefs; and coral reef ecosystems, that are con- sponsible for conducting the project. sistent with this Act, the National Marine (2) A description of the qualifications of (8) developing and implementing tech- Sanctuaries Act, the Coastal Zone Manage- the individuals who will conduct the project. niques to monitor and assess the status and (3) A succinct statement of the purposes of condition of coral reefs; ment Act of 1972, the Magnuson-Stevens the project. (9) developing and implementing cost-ef- Fishery Conservation and Management Act, (4) An estimate of the funds and time re- fective methods to restore degraded coral the Endangered Species Act, and the Marine quired to complete the project. reef ecosystems; or Mammal Act. (5) Evidence of support for the project by (10) promoting ecologically sound naviga- (b) AUTHORIZED ACTIVITIES.—Activities au- project by appropriate representatives of tion and anchorages near coral reefs. thorized under subsection (a) include— (1) mapping, monitoring, assessment, res- States or other government jurisdictions in (h) PROJECT REPORTING.—Each grantee toration, and scientific research that benefit which the project will be conducted. under this section shall provide periodic re- (6) Information regarding the source and ports as required by the Administrator. Each the understanding, sustainable use, and long- amount of matching funding available to the report shall include all information required term conservation of coral reefs and coral applicant. by the Administrator for evaluating the reef ecosystems; (2) enhancing public awareness, education, (7) A description of how the project meets progress and success of the project. understanding, and appreciation of coral one or more of the criteria in subsection (g) (i) CORAL REEF TASK FORCE.—The Adminis- of this section. reefs and coral reef ecosystems; trator may consult with the Coral Reef Task (3) providing assistance to States in remov- (8) Any other information the Adminis- Force to obtain guidance in establishing trator considers to be necessary for evalu- ing abandoned fishing gear, marine debris, coral conservation project priorities under and abandoned vessels from coral reefs to ating the eligibility of the project for fund- this section ing under this Act. conserve living marine resources; and (j) IMPLEMENTATION GUIDELINES.—Within (4) cooperative conservation and manage- (f) PROJECT REVIEW AND APPROVAL.— 180 days after the date of enactment of this (1) IN GENERAL.—The Administrator shall ment of coral reefs and coral reef ecosystems Act, the Administrator shall promulgate with local, regional, or international pro- review each coral conservation project pro- necessary guidelines for implementing this posed to determine if it meets the criteria grams and partners. section. In developing those guidelines, the SEC. 808. EFFECTIVENESS REPORTS. set forth in subsection (g). Administrator shall consult with State, re- (2) REVIEW; APPROVAL OR DISAPPROVAL.— (a) GRANT PROGRAM.—Not later than 3 gional, and local entities involved in setting Not later than 6 months after receiving a years after the date of enactment of this priorities for conservation of coral reefs and project proposal under this section, the Ad- Act, the Administrator shall submit to the provide for appropriate public notice and op- ministrator shall— Committee on Commerce, Science, and (A) request and consider written comments portunity for comment. Transportation of the Senate and Committee on the proposal from each Federal agency, SEC. 805. CORAL REEF CONSERVATION FUND. on Resources of the House of Representatives State government, or other government ju- (a) FUND.—The Administrator may enter a report that documents the effectiveness of risdiction, including the relevant regional into an agreement with a non-profit organi- the grant program under section 4 in meet- fishery management councils established zation that promotes coral reef conservation ing the purposes of this Act. The report shall under the Magnuson-Stevens Fishery Con- authorizing such organization to receive, include a State-by-State summary of Fed- servation and Management Act (16 U.S.C. hold, and administer funds received pursuant eral and non-Federal contributions toward 1801 et seq.), or any National Marine Sanc- to this section. The organization shall in- the costs of each project. tuary, with jurisdiction or management au- vest, reinvest, and otherwise administer the (b) NATIONAL PROGRAM.—Not later than 2 thority over coral reef ecosystems in the funds and maintain such funds and any in- years after the date on which the Adminis- area where the project is to be conducted, in- terest or revenues earned in a separate inter- trator publishes the national coral reef cluding the extent to which the project is est bearing account, hereafter referred to as strategy under section 3 and every 2 years consistent with locally-established prior- the Fund, established by such organization thereafter, the Administrator shall submit ities; solely to support partnerships between the to the Committee on Commerce, Science, (B) provide for the merit-based peer review public and private sectors that further the and Transportation of the Senate and the of the proposal and require standardized doc- purposes of this Act and are consistent with Committee on Resources of the House of umentation of that peer review; the national coral reef action strategy under Representatives a report describing all ac- (C) after considering any written com- section 3. tivities undertaken to implement that strat- ments and recommendations based on the re- (b) AUTHORIZATION TO SOLICIT DONATIONS.— egy, under section 3, including a description views under subparagraphs (A) and (B), ap- Pursuant to an agreement entered into of the funds obligated each fiscal year to ad- prove or disapprove the proposal; and under subsection (a) of this section, an orga- vance coral reef conservation. S10602 CONGRESSIONAL RECORD — SENATE October 13, 2000 SEC. 809. AUTHORIZATION OF APPROPRIATIONS. tory or possession of the United States, or agreement between the United States and (a) IN GENERAL.—There are authorized to separate sovereign in free association with the Republic of Poland, and for other pur- be appropriated to the Secretary to carry the United States, that contains a coral reef poses’’ (112 Stat. 3453; 16 U.S.C. 1856 nt.) is out this Act $16,000,000 for each of fiscal ecosystem within its seaward boundaries. amended by striking ‘‘2001.’’ and inserting years 2001, 2002, 2003, and 2004, which may re- TITLE IX—MISCELLANEOUS ‘‘2004.’’. main available until expended. SEC. 901. TREATMENT OF VESSEL AS AN ELIGI- TITLE X—MARINE MAMMAL RESCUE (b) ADMINISTRATION.—Of the amounts ap- BLE VESSEL. ASSISTANCE propriated under subsection (a), not more Notwithstanding paragraphs (1) through (3) SEC. 1001. JOHN H. PRESCOTT MARINE MAMMAL than the lesser of $1,000,000 or 10 percent of of section 208(a) of the American Fisheries RESCUE ASSISTANCE GRANT PRO- the amounts appropriated, may be used for Act (title II of division C of the Omnibus GRAM. program administration or for overhead Consolidated and Emergency Supplemental (a) IN GENERAL.—Title IV of the Marine costs incurred by the National Oceanic and Appropriations Act, 1999 (Public Law 105–277; Mammal Protection Act of 1972 (16 U.S.C. Atmospheric Administration or the Depart- 112 Stat. 2681–624)), the catcher vessel 1371 et seq.) is amended— ment of Commerce and assessed as an admin- (HAZEL LORRAINE (United States Official (1) by redesignating sections 408 and 409 as istrative charge. Number 592211) and the catcher vessel sections 409 and 410, respectively; and (c) CORAL REEF CONSERVATION PROGRAM.— PROVIDIAN (United States Official Number (2) by inserting after section 407 the fol- From the amounts appropriated under sub- 1062183) shall be considered to be vessels that lowing: section (a), there shall be made available to are eligible to harvest the directed fishing ‘‘SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL the Secretary $8,000,000 for each of fiscal allowance under section 206(b)(1) of that Act RESCUE ASSISTANCE GRANT PRO- years 2001, 2002, 2003, and 2004 for coral reef pursuant to a Federal fishing permit in the GRAM. conservation activities under section 4. same manner as, and subject to the same re- ‘‘(a) IN GENERAL.— (d) NATIONAL CORAL REEF ACTIVITIES.— quirements and limitations on that har- ‘‘(1) GRANTS.—Subject to the availability From the amounts appropriated under sec- vesting as apply to harvest that directed of appropriations, the Secretary shall con- tion (a), there shall be made available to the fishing allowance under section 208(a) of that duct a grant program to be known as the Secretary $8,000,000 for each of fiscal years Act. John H. Prescott Marine Mammal Rescue 2001, 2002, 2003, and 2004 for activities under SEC. 902. STATUS OF CERTAIN COMMISSIONERS Assistance Grant Program, to provide grants section 7. AS FEDERAL EMPLOYEES. to eligible stranded network participants for SEC. 810. DEFINITIONS. (a) GREAT LAKES FISHERY COMMISSION.— the recovery or treatment of marine mam- In this title: Section 3(a)(1) of the Great Lakes Fishery mals, the collection of data from living or Act of 1956 (16 U.S.C. 932(a)(1)) is amended by (1) ADMINISTRATOR.—The term ‘‘Adminis- dead stranded marine mammals for scientific trator’’ means the Administrator of the Na- inserting after the first sentence the fol- research regarding marine mammal health, tional Oceanic and Atmospheric Administra- lowing: ‘‘An individual serving as a Commis- and facility operation costs that are directly tion. sioner shall not be considered to be a Federal related to those purposes. employee while performing service as a Com- (2) CONSERVATION.—The term ‘‘conserva- ‘‘(2) DISTRIBUTION AMONG STRANDING RE- missioner, except for purposes of injury com- tion’’ means the use of methods and proce- GIONS.— pensation or tort claims liabillity as pro- dures necessary to preserve or sustain corals ‘‘(A) EQUITABLE DISTRIBUTION.—The Sec- vided in chapter 81, of title 5, United States and associated species as diverse, viable, and retary shall ensure that, to the greatest ex- Code, and chapter 171 of title 28, United self-perpetuating coral reef ecosystems, in- tent practicable, funds provided as grants States Code.’’. cluding all activities associated with re- under this subsection are distributed equi- (b) INTERNATIONAL COMMISSION FOR THE source management, such as assessment, tably among the designated stranding re- SCIENTIFIC INVESTIGATION OF TUNAS; INTER- gions. conservation, protection, restoration, sus- AMERICAN TROPICAL TUNA COMMISSON.—Sec- tainable use, and management of habitat; ‘‘(B) PRIORITIES.—In determining priorities tion 3 of the Tuna Conventions Act of 1950 (16 among such regions, the Secretary may mapping; habitat monitoring; assistance in U.S.C. 952) is amended by inserting after the the development of management strategies consider— first sentence the following: ‘‘An individual ‘‘(i) any episodic stranding or any mor- for marine protected areas and marine re- serving as a Commissioner shall not be con- tality event other than an event described in sources consistent with the National Marine sidered to be a Federal employee while per- section 410(6), that occurred in any region in Sanctuaries Act (16 U.S.C. 1431 et seq.) and forming service as a Commissioner, except the preceding year; and the Magnuson-Stevens Fishery Conservation for purpose of injury compensation or tort ‘‘(ii) data regarding average annual and Management Act (16 U.S.C. 1801 et seq.); claims liability as provided in chapter 81, of strandings and mortality events per region. law enforcement; conflict resolution initia- title 5, United States Code, and chapter 171 ‘‘(b) APPLICATION.—To receive a grant tives; community outreach and education; of title 28, United States Code.’’. under this section, a stranding network par- and that promote safe and ecologically sound (c) INTERNATIONAL COMMISSION FOR THE ticipant shall submit an application in such navigation. CONSERVATION OF ATLANTIC TUNAS.—Section form and manner as the Secretary may pre- (3) CORAL.—The term ‘‘coral’’ means spe- 3(a)(1) of the Atlantic Tunas Convention Act scribe. cies of the phylum Cnidaria, including— of 1975 (16 U.S.C. 971a(a)(1) is amended by in- ‘‘(c) ADVISORY GROUP.— (A) all species of the orders Antipatharia serting after ‘‘Government.’’ the following: ‘‘(1) IN GENERAL.—The Secretary, in con- (black corals), Scleractina (stony corals), ‘‘An individual serving as a Commissioner sultation with the Marine Mammal Commis- Gorgonacea (horny corals), Stolonifera shall not be considered to be a Federal em- sion, shall establish an advisory group in ac- (organpipe corals and others), Alcyanacea ployee while performing service as a Com- cordance with this subsection to advise the (soft corals), and Coenothecalia (blue coral), missioner, except for purposes of injury com- Secretary regarding the implementation of of the class Anthozoa; and pensation or tort claims liability as provided this section, including the award of grants (B) all species of the order Hydrocorallina in chapter 81, of title 5, United States Code, under this section. (fire corals and hydrocorals) of the class and chapter 171 of title 28, United States ‘‘(2) MEMBERSHIP.—The advisory group Hydrozoa. Code.’’. shall consist of a representative from each of (4) CORAL REEF.—The term ‘‘coral reef’’ (d) NORTH PACIFIC ANADROMOUS FISH COM- the designated stranding regions and other means any reefs or shoals composed pri- MISSION.—Section 804(a) of the North Pacific individuals who represent public and private marily of corals. Anadromous Stocks Act of 1992 (16 U.S.C. organizations that are actively involved in (5) CORAL REEF ECOSYSTEM.—The term 5003(a)) is amended by inserting after the rescue, rehabilitation, release, scientific re- ‘‘coral reef ecosystem’’ means coral and first sentence the following: ‘‘An individual search, marine conservation, and forensic other species of reef organisms (including serving as a Commissioner shall not be con- science regarding stranded marine mam- reef plants) associated with coral reefs, and sidered to be a Federal employee while per- mals. the non-living environmental factors that di- forming service as a Commissioner, except ‘‘(3) PUBLIC PARTICIPATION.— rectly affect coral reefs, that together func- for purposes of injury compensation or tort ‘‘(A) MEETINGS.—The advisory group tion as an ecological unit in nature. claims liability as provided in chapter 81, of shall— (6) CORAL PRODUCTS.—The term ‘‘coral title 5, United States Code, and chapter 171 ‘‘(i) ensure that each meeting of the advi- products’’ means any living or dead speci- of title 28, United States Code.’’. sory group is open to the public; and mens, parts, or derivatives, or any product SEC. 903. WESTERN PACIFIC PROJECT GRANTS. ‘‘(ii) provide, at each meeting of the advi- containing specimens, parts, or derivatives, Section 111(b)(1) of the Sustainable Fish- sory group, an opportunity for interested of any species referred to in paragraph (3). eries Act (16 U.S.C. 1855 nt) is amended by persons to present oral or written state- (7) SECRETARY.—The term ‘‘Secretary’’ striking the last sentence and inserting ments concerning items on the agenda for means the Secretary of Commerce. ‘‘There are authorized to be appropriated to the meeting. (8) STATE.—The term ‘‘State’’ means any carry out this subsection $500,000 for each ‘‘(B) NOTICE.—The Secretary shall provide State of the United States that contains a fiscal year.’’. to the public timely notice of each meeting coral reef ecosystem within its seaward SEC. 904. EXTENSION OF DUNGENESS CRAB FISH- of the advisory group. boundaries, American Samoa, Guam, the ERY MANAGEMENT AUTHORITY. ‘‘(C) MINUTES.—The Secretary shall keep Northern Mariana Islands, Puerto Rico, and Section 203(i) of the Act entitled ‘‘An Act and make available to the public minutes of the U.S. Virgin Islands, and any other terri- To approve a governing international fishery each meeting of the advisory group. October 13, 2000 CONGRESSIONAL RECORD — SENATE S10603 ‘‘(4) EXEMPTION.—The Federal Advisory mation of the Senate and the public good deal accomplished this week. It Committee Act (5 U.S.C. App.) shall not that an oversight hearing has been took a lot of work on both sides of the apply to the establishment and activities of scheduled before the Committee on En- aisle. We were able to get a package of an advisory group in accordance with this ergy and Natural Resources. five bills done, which included, of subsection. ‘‘(d) LIMITATION.—The amount of a grant The hearing will take place on Thurs- course, the sex trafficking issue as well under this section shall not exceed $100,000. day, October 19, 2000, at 9:30 a.m. in as Aimee’s law and the Violence ‘‘(e) MATCHING REQUIREMENT.— room SH–216 of the Hart Senate Office Against Women Act. We were able to ‘‘(1) IN GENERAL.—The non-Federal share of Building. pass four appropriations bills and com- the costs of an activity conducted with a The purpose of this hearing is to con- plete action on the Defense authoriza- grant under this section shall be 25 percent duct oversight on the Department of tion bill and begin debate on the Agri- of such costs. Energy’s recent decision to release 30 culture appropriations bill. ‘‘(2) IN-KIND CONTRIBUTIONS.—The Sec- retary may apply to the non-Federal share of million barrels of crude oil from the Next week we will have to deal with an activity conducted with a grant under strategic petroleum reserve and the bid the foreign operations conference re- this section the amount of funds, and the process used to award contracts regard- port final passage in some form; the fair market value of property and services, ing same. Commerce-State-Justice appropria- provided by non-Federal sources and used for For further information, please call tions bill; the Labor-HHS and Edu- the activity. Brian Malnak, Deputy Staff Director cation appropriations conference re- ‘‘(f) ADMINISTRATIVE EXPENSES.—Of at (202) 224–8119 or Betty Nevitt, Staff port, and there are several tax provi- amounts available each fiscal year to carry Assistant at (202) 224–0765. sions that need to be considered, in- out this section, the Secretary may expend not more than 6 percent to pay the adminis- f cluding the FSC issue that we have trative expenses necessary to carry out this been trying to get cleared, a bill that section. PRIVILEGE OF THE FLOOR came out of the Finance Committee to ‘‘(g) DEFINITIONS.—In this section: Mr. COCHRAN. Mr. President, I ask make sure the United States complies ‘‘(1) DESIGNATED STRANDING REGION.—the unanimous consent that the following with WTO requirements. We need to term ‘designated stranding region’ means a Appropriations Committee staff mem- get that completed as well as several geographic region designated by the Sec- bers and intern be granted floor privi- other items that have broad support in retary for purposes of administration of this the House and in the Senate and the title. leges during the consideration of the ‘‘(2) SECRETARY.—The term ‘Secretary’ has conference report to accompany H.R. administration. the meaning given that term in section 4461 for the fiscal year 2001 Agriculture So there are four categories that we 3(12)(A). Appropriations Act, and any votes that will need to act on next week. I have ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— may occur in relation thereto: Rebecca been having conversations and meet- There are authorized to be appropriated to Davies, Martha Scott Poindexter, Hunt ings this morning with Members of the Secretary to carry out this section Shipman, Les Spivey, Marc Dulaney, both sides of the aisle and with the ad- $5,000,000 for each of fiscal years 2001 through and Galen Fountain. ministration to try to help facilitate 2003, to remain available until expended.’’. that. (b) CONFORMING AMENDMENT.—Section The PRESIDING OFFICER. Without 3(12)(B) of the Marine Mammal Protection objection, it is so ordered. I notice Senator CONRAD reacted positively to ‘‘both sides of the aisle.’’ Act of 1972 (16 U.S.C. 1362(12)(B)) is amended f by inserting ‘‘(other than section 408)’’ after I think it is clearly possible to com- ‘‘title IV’’. ORDERS FOR TUESDAY, OCTOBER plete our work by next Friday. I had (e) CLERICAL AMENDMENT.—The table of 17, 2000 hoped we could do it by Saturday, the contents in the first section of the Marine 14th, but the unfortunate death of our Mr. LOTT. Mr. President, I ask unan- Mammal Protection Act of 1972 (86 Stat. friend and colleague, Congressman imous consent that when the Senate 1027) is amended by striking the items relat- Vento from Minnesota, occurred and, ing to sections 408 and 409 and inserting the completes its business today, it recess therefore, Members are in Minnesota following: until the hour of 9:30 a.m. on Tuesday, this morning for the funeral service. ‘‘Sec. 408. John H. Prescott Marine Mammal October 17. I further ask unanimous Clearly, we can get our work done next Rescue assistance Grant Pro- consent that on Tuesday, immediately week, and we certainly will try to. Sen- gram. following the prayer, the Journal of ‘‘Sec. 409. Authorization of appropriations. ators should expect votes throughout proceedings be approved to date, the ‘‘Sec. 410. Definitions.’’. the day Wednesday and Thursday and time for the two leaders be reserved for f into Friday, if it is necessary. their use later in the day, and the Sen- NOTICES OF HEARING I yield to the Senator from North Da- ate then proceed to the conference re- kota for a question or comment. port to accompany H.R. 4461, the Agri- COMMITTEE ON ENERGY AND NATURAL f RESOURCES culture appropriations bill, as under Mr. MURKOWSKI. Mr. President, I the previous order. KEVIN SHAWN RUX would like to announce for the public The PRESIDING OFFICER. Without Mr. CONRAD. Mr. President, we have that a hearing has been scheduled be- objection, it is so ordered. just learned very tragic news that a fore the Committee on Energy and Nat- f young man from my home State of ural Resources. North Dakota is among those now list- The hearing will take place on Thurs- PROGRAM ed as missing and presumed dead on day, October 19, 2000, at 3:00 p.m. in Mr. LOTT. Mr. President, for the in- board the U.S.S. Cole. room SD–366 of the Dirksen Senate Of- formation of all Senators, the Senate He is Petty Officer 2nd Class Kevin fice Building in Washington, DC. will not be in session on Monday. On Shawn Rux. I want to express my deep- The purpose of this oversight hearing Tuesday, the Senate will resume con- est sympathies to the family. Our Na- is to receive testimony on potential sideration of the conference report on tion honors this young man for his timber sale contract liability incurred this Agriculture appropriations bill— service and sacrifice. Our prayers are by the government as a result of tim- very important legislation. The debate with his family in their grief today, ber sale contract cancellations. will be limited to Tuesday’s session and with all the fathers, mothers, Those who wish to submit written and approximately 2 hours on Wednes- spouses, sons, and daughters of those statements should write to the Com- day morning, with the vote scheduled who lost their loved ones in this ter- mittee on Energy and Natural Re- to occur at 11:30 a.m. on Wednesday on rible attack. sources, U.S. Senate, Washington, DC. the Agriculture appropriations bill. I want to reassure the family this 20510. For further information, please For the remainder of the week, the Nation will not rest until we find the call Mark Rey at (202) 224–6170. Senate is expected to complete all ac- criminals responsible for the death of COMMITTEE ON ENERGY AND NATURAL tion necessary for sine die adjourn- Kevin Shawn Rux and his shipmates. RESOURCES ment. I pause for applause. That is cer- This country will hold them account- Mr. MURKOWSKI. Mr. President, I tainly what we should do. It is possible able for these murders. Again, we share would like to announce for the infor- we can do it. We were able to get a the grief of the family of this young S10604 CONGRESSIONAL RECORD — SENATE October 13, 2000 man. He was doing his duty. He was Again, I want to simply say we are somewhere, in a hotel, in a public serving his country. We admire very thinking of the Rux family and all of building, or on a sophisticated ship, much his service, and we deeply respect the other families whose loved ones and you are still vulnerable to this his sacrifice. have become victims of this cowardly kind of attack. This is clearly an un- My colleague from North Dakota terrorist attack. I say, as well, that justified, heinous, indescribable act would also like to comment. We would this country has said to its President that has taken place, and I know that appreciate that. and Members of Congress that those re- our Government will act very aggres- Mr. LOTT. Mr. President, let me just sponsible for this attack must be found sively to protect and provide aid to say, Mr. President, I appreciate the and brought to justice for it. those who are injured and work with fact that the Senator has raised this I yield the floor. the families who are certainly going issue. It is appropriate that we ac- f through a period of grieving now. It knowledge the service of our military will also try to identify exactly who ORDER FOR RECORD TO REMAIN men and women who are serving all did this, who gave the order, and be OPEN over the world, more often than we re- prepared to take swift and very strong alize, in very dangerous situations, and Mr. LOTT. Mr. President, I ask unan- action against those who did it. that we recognize those who lost their imous consent that the RECORD remain I have no doubt that our Government lives—in this instance, sailors on the open today until 1 p.m. for the intro- will work in unity to accomplish that. U.S.S. Cole. duction of statements by Members. I, too, have a personal feeling about In addition to that, I have a list be- The PRESIDING OFFICER. Without fore me which is not yet ready for re- this. I would like to make some com- objection, it is so ordered. ments on it myself. Before I do that, I lease, and I would not want to do it be- f yield to Senator DORGAN from North fore it has been properly released. But Dakota for his remarks. OUTSTANDING MILITARY PER- there are at least 7 identified as dead Mr. DORGAN. Mr. President, I thank SONNEL AND THEIR SOPHISTI- now and another 10, at least, missing the majority leader. This was obvi- CATED SHIPS potentially, and likely now 17 sailors on that ship who lost their lives. ously a senseless act of terrorism. Acts Mr. LOTT. Mr. President, the U.S.S. of terrorism are, in most cases, per- One of those was Ens. Andrew Trip- Cole was built in my hometown of lett of Macon, MS. I have before me his petrated by cowards who want to in- Pascagoula, MS. I have been on it. I flict terrible mayhem on especially record of service, and I take note that have visited with the sailors, the crew, those from our country, but others this is a young man who was very for- and officers on many of these ships —de- around the world as well. Yesterday, ward leaning and had advanced very stroyers, cruisers, and LHDs—that are when we learned the news that the quickly through the ranks to reach the built there. It is always a thrilling ex- U.S.S. Cole had been attacked, all of us position of ensign. were deeply saddened. Our thoughts perience to see the enthusiasm of these To his entire family, and particularly and prayers go out to all of the fami- young men and women and the caliber his mother, Savanna Triplett of lies of those who are now known dead of the young men and women who serve Shuqualak, MS, I extend my sympathy and those who are presumed dead or our country, and also the tremendous and prayers and also the grateful ap- missing. sophistication of these ships. These preciation of our Nation. As Senator CONRAD indicated, we ships are the most sophisticated in the I know that Americans all over the have just learned from the U.S. Navy history of the world, with an incredible world will be touched by what we have this morning that a young man named array of radar and weapons systems. seen happen and will be thinking of the These ships can fire at 120 different Kevin Rux from Portland, ND, is family and praying for them in this dif- targets simultaneously, using missiles among those missing and presumed ficult time. dead, according to the U.S. Navy. I and Gatling guns. They are incredible want to add my voice to my colleagues’ vessels. They are referred to as ‘‘aegis f comments that my thoughts and pray- class″ destroyers. They have a tremen- ers go out to his family. We are think- dous shield where they can track and RECESS UNTIL 9:30 A.M. TUESDAY, ing of them and praying for them identify targets or enemy activities. today. We feel the same about all of But we see, once again, no matter how OCTOBER 17, 2000 those who have been the victims of this big, how sophisticated, or how capable Mr. LOTT. Mr. President, if there is attack. It tells us, once again, that this they are in destroying enemy ships or no further business to come before the is a difficult and in some cases troubled aircraft, they are still vulnerable to a Senate, I ask unanimous consent that world, and those who wear the uniform suicide attack by two men on a small the Senate stand in recess under the of this country in all parts of this rubber vessel. previous order. globe, who stand for peace, do so at I think it is a very sobering thing There being no objection, the Senate, some risk to themselves and on behalf that we are learning from this experi- at 12:07 p.m., recessed until Tuesday, of a grateful Nation. ence. You can be in a marine barracks October 17, 2000, at 9:30 a.m. October 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1769 EXTENSIONS OF REMARKS

HONORING THERESA MCCAIN In September 1925, Father Alexis Gorski distance. As a part of the Company ``A'' team was appointed as the founding Pastor of St. of runners, Gerald participated in relaying that HON. SCOTT McINNIS Bruno Church. This place of worship has been message and the need for the larger flag, OF COLORADO the center for its Catholic patron's hopes and which is the flag we see in the photographs of IN THE HOUSE OF REPRESENTATIVES direction through many years of economic dis- that historic day. Thursday, October 12, 2000 parities and wealth throughout the 20th cen- Today, Gerald loves to talk and tell stories, tury. A young church helped bring support to but he has little to say about his war experi- Mr. MCINNIS. Mr. Speaker, it gives me the community during times of depression, great pleasure to congratulate Theresa ences, which are still painful to talk about. He war, peace, and advancement. does make it clear, however, that he is proud McCain of Gardner, Colorado on her recent As time progressed there was a need for to have served his country as an enlisted Ma- award. Theresa has earned the coveted Na- structural improvements with the church, too, rineÐand even at 75 years of age says he tional Educator Award from the Milken Family as its congregation was increasing in size. In would do it again if needed. His grandson, Foundation. She is one of only four Colorado August 1955, under the direction of Father David Riddle, is a Congressional Intern in my teachers to receive this high honor. Winners of Francis Modrzenski, St. Bruno dedicated a office and a student at Texas A&M University. the Milken Award are nominated by fellow new church and four years later added a rec- He shares this story about his grandfather with teachers and winners are selected by a panel. tory. much pride and admiration, and it is a privi- They not only receive a cash prize but also a As the need for improvements in the school lege for me to have the opportunity to share trip to Los Angeles where they participate in arose, Father Szlanga proudly inaugurated the this with my colleagues. So as we adjourn the Milken Foundation National Educational School Hall and gym expansion in 1978. To today, let us do so by paying tribute to this Conference. further improve the quality of education for its Theresa began her career in education after students, the current Pastor Father Joseph outstanding American and World War II Vet- earning a psychology degree from the Univer- Grembala oversaw a multi-million dollar noise- eranÐGerald Edwin Young. sity of Wyoming and then a teaching certifi- abatement project for the school in 1995. And f cate from Adams State College in Alamosa, the church was once again renovated in 1998. Colorado. Shortly thereafter, Theresa began I wish to extend my heartiest wishes to the TRIBUTE TO ROBERT J. STANZE her distinguished career at Gardner. The pastor, personnel, and patrons of St. Bruno Gardner school has 89 students, ranging from Church as they continue to celebrate the past, preschool through eighth grade, and teachers present and future of their church community. are often required to use many different teach- My best wishes to St. Bruno Church on this HON. RICHARD A. GEPHARDT ing methods to manage students with wide wonderful milestone. OF MISSOURI ranging differences in age. It is educators like f Theresa that have helped this school become IN THE HOUSE OF REPRESENTATIVES the wonderful learning institution that it is IN RECOGNITION OF GERALD Thursday, October 12, 2000 today. YOUNG Throughout her time in Gardner, Theresa Mr. GEPHARDT. Mr. Speaker, August 8, has always considered the school to be a HON. RALPH M. HALL 2000 was a sad day for the City of St. Louis group of teachers working together and she OF TEXAS and our community. On that day, St. Louis Po- had this to say about her individual award in IN THE HOUSE OF REPRESENTATIVES lice Officer Robert J. Stanze was killed in the a recent article by Margie Wood, in The Pueb- performance of his duty to protect and serve lo Chieftain: ``I feel honored to be here in this Thursday, October 12, 2000 the citizens of St. Louis. school. There are such wonderful teachers Mr. HALL of Texas. Mr. Speaker, Iwo Jima Officer Stanze was tragically shot and killed that I've learned from. I go to all these other brings to mind for most Americans the famous teachers for help, so it's not my awardÐit's by a suspect in police custody. Bob Stanze picture of the flag raising on Mount Suribachi was 29 years old, and leaves behind a young their award.'' and the impressive bronze statue that memori- Theresa has served her community, State, son and a wife, who is expecting twins. He alizes this historic event. The Marines fought was the 151st St. Louis Police Officer killed in and Nation proudly. During her tenure in Gard- one of the most brutal battles of American his- ner she has helped ensure that hundreds of the line of duty in the history of the Depart- tory on that porkchop-shaped eight-square- ment. Colorado's youth are receiving the best edu- mile islandÐand brought honor to themselves cation possible. and victory for our country. No one becomes a police officer to make Mr. Speaker, on behalf of the State of Colo- One of the heroes of that conflict was a money, or to work easy hours. We all know rado and the U.S. Congress I congratulate young, skinny, red-headed teenager from that our officers work long hours, in dangerous Theresa on this distinguished and well de- TexasÐGerald Edwin Young, otherwise situations, for a very modest salary. Nor is it served award. known as ``Red'' to his Marine buddies. He fame that drives citizens to join the force. Congratulations! served with the 5th Marine Division, 5th Engi- Rather, they join out of a sense of duty to their f neer Battalion, ``A'' Company, 1st platoon. community and their unending belief that they can make a difference. Bob Stanze was one CONGRATULATIONS ST. BRUNO Gerald landed on Iwo Jima on February 19, who was making a difference. His belief in CHURCH 1945, day one of the battle. He had just turned 19 a few days before. Gerald had sev- duty and honor and justice formed his life, and eral dutiesÐone of which was being a runner. was reflected in the way he conducted himself HON. WILLIAM O. LIPINSKI on and off the job. OF ILLINOIS Under constant fire, he would bring replace- ments to the battle front as needed, carrying Mr. Speaker, the loss of this fine young man IN THE HOUSE OF REPRESENTATIVES out his mission time and again. He considers is a great tragedy. His wife has lost his com- Thursday, October 12, 2000 himself very fortunate to have survived the full panionshipÐhis son and unborn children have Mr. LIPINSKI. Mr. Speaker, today I offer my 36 days of the battleÐand did sustain a tem- lost the love, guidance and example of a very congratulations to St. Bruno Church located at porary loss of hearing after a grenade ex- special man. The entire St. Louis Community 4751 South Harding in Chicago, Illinois. This ploded near him. However, he refused the op- grieves with his family for their loss. Police Of- past September, St. Bruno's Church cele- portunity to be shipped off the island. ficer Robert J. Stanze has left a legacy of de- brated their 75th Anniversary serving the At the time of the historic flag raising, he cency and bravery that won't be soon forgot- Catholic community on the south side of Chi- tells the story that the first flag flown was too ten, and we are grateful to have had him cago. small and could not be seen so well from a among us.

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

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A13OC8.000 pfrm04 PsN: E13PT1 E1770 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2000 HONORING BILL O’DWYER DESERT SHIELD/DESERT STORM; Division I would ask my colleagues to join me in Commander of 1st Infantry Division; Senior wishing General House and his wife, Jeanie, HON. SCOTT McINNIS Military Assistant to Secretary of Defense, Dr. all the best. We thank them for over 32 years OF COLORADO William Perry; Commanding General, Eighth of dedicated and unselfish service to the U.S. Army and Chief of Staff, United Nations IN THE HOUSE OF REPRESENTATIVES United States of America. Command/Combined Forces Command/U.S. f Thursday, October 12, 2000 Forces, South Korea; and Deputy Commander Mr. MCINNIS. Mr. Speaker, it is with great in Chief and Chief of Staff, U.S. Pacific Com- HONORING CHAIRMAN TOM BLILEY sadness that I take this moment to recognize mand. the extraordinary, Bill O'Dwyer of Grand Junc- His assignments include Deputy Chief of HON. JIM DeMINT tion, Colorado. Bill recently passed away at Staff, 5th Infantry Division (Mechanized), Fort OF SOUTH CAROLINA the age of 74. While family, friends, and Polk, Louisiana; Commander, 1st Battalion, IN THE HOUSE OF REPRESENTATIVES neighbors mourn this immense loss, I would 61st Infantry, 5th Infantry Division (Mecha- Thursday, October 12, 2000 like to pay tribute to a wonderful human being. nized), Fort Polk, Louisiana; Chief, Force Mr. DEMINT. Mr. Speaker, I would like to Bill was a valued member of the Grand Planning Integration Team, War Plans Divi- take this opportunity to honor my colleague, Junction community and he will be greatly sion, Office of the Deputy Chief of Staff for Chairman BLILEY, for his faithful service in the missed. Bill served his country admirably dur- Operations and Plans, United States Army, U.S. House of Representatives. As his many ing World War II, fighting with distinction in the Washington, DC. He has also held a variety of years as a dedicated public servant in the Battle of Iwo Jima. After returning a proud vet- important command and staff positions to in- House come to a close, I am sure he is look- eran he began O'Dwyer Electric in Grand clude Executive Assistant to the Vice Director ing back at the many accomplishments of his Junction. While building a successful busi- and Director of the Joint Staff, The Joint Staff, Washington, DC; Commander, 2d Brigade, 1st time here. I would like to highlight his activity ness, Bill began to realize the importance of Cavalry Division, Fort Hood, Texas and Saudi in one specific areaÐadoption. civic duty and he turned to local government. Arabia; Assistant Division Commander, 4th In- Chairman BLILEY, as the adoptive father of For a number of years Bill served in the Grand fantry Division (Mechanized), Fort Carson, two and co-chairman of the Congressional Co- Junction City Council where his accomplish- Colorado; Deputy Commandant, United States alition on Adoption, has championed adoption ments were great in number. On the top of the Army Command and General Staff College, issues in Congress. Most recently he has list was his work to build the current terminal Fort Leavenworth, Kansas; Commanding Gen- worked to make sure pregnancy counselors at Walker Field Airport. eral, 1st Infantry Division (Mechanized), Fort are trained to provide complete and accurate Bill's leadership abilities brought a number Riley, Kansas; Senior Military Assistant to the information on adoption to women with un- of wonderful things to the community of Grand Secretary of Defense, Office of the Secretary planned pregnancies. He has also worked to Junction. When not serving the community in of Defense, Washington, DC; Assistant Chief increase the adoption tax credit to $10,000 in City Council, Bill could be found serving in a of Staff for Installation Management, United relief for families dealing with the high cost of religious capacity, where he was Bishop for States Army, Washington, DC; Commanding adopting children. the Church of Jesus Christ and Latter-day General, Eighth United States Army/Chief of Adoption is a wonderful thing because it Saints. Whether in church or in a council Staff, United Nations Command/Combined brings a positive, life-giving end to what could meeting, Bill always exemplified the qualities Forces Command/United States Forces Korea. be difficult circumstances. The mother can of a great leader and caring and generous He culminated his career with his most recent place her child in a loving family, the child re- human being. duty as Deputy Commander in Chief/Chief of ceives a warm and welcoming home, and an Bill served his community, State, and Nation Staff, United States Pacific Command, Camp adoptive couple gets to wear one of the great- proudly. Though he is gone his memory will H.M. Smith, Hawaii. est titles in AmericaÐparent. live on within all that knew him. Mr. Speaker, General House was awarded the Silver Star I applaud the chairman for his tireless ef- on behalf of the State of Colorado and the during actions by his brigade of the 1st Cav- forts to help the birthparents, adopted children, U.S. Congress, I would like to pay tribute to alry against elements of the Iraqi Republican and adoptive parents around this country. this great Coloradan. Guards during DESERT STORM and received There are many children who have been f twenty-two Air Medals as a young helicopter blessed with parents and a loving home be- pilot in the Republic of Vietnam. His other mili- TRIBUTE TO LIEUTENANT GEN- cause of the work of Chairman BLILEY. I thank tary awards and decorations include the De- ERAL RANDOLPH W. HOUSE, USA and salute him for all of his work and wish him fense Distinguished Service Medal (with 2 Oak well in retirement. Leaf Clusters), Distinguished Service Medal, f HON. IKE SKELTON the Defense Superior Service Medal, the Le- OF MISSOURI gion of Merit (with 2 Oak Leaf Clusters), the CONGRATULATIONS MAYOR EU- IN THE HOUSE OF REPRESENTATIVES Distinguished Flying Cross (with 3 Oak Leaf GENE SIEGEL, VILLAGE OF CHI- CAGO RIDGE, 25 YEARS OF PUB- Thursday, October 12, 2000 Clusters), the Soldier's Medal, the Bronze Star Medal (with Oak Leaf Cluster), the Army Com- LIC SERVICE Mr. SKELTON. Mr. Speaker, let me take mendation Medal (with Oak Leaf Cluster), the this means to pay tribute to Lieutenant Gen- Combat Infantryman Badge, and the Ranger HON. WILLIAM O. LIPINSKI eral Randolph W. House upon his retirement Tab. OF ILLINOIS from the United States Army. General House has positively impacted our IN THE HOUSE OF REPRESENTATIVES General House has served our nation with Army and our Nation. His leadership, innova- honor and distinction for over 32 years, and tive ideas and operational knowledge left an Thursday, October 12, 2000 his performance throughout his career has indelible, mark on soldiers, family members, Mr. LIPINSKI. Mr. Speaker, today I offer my been characterized by the highest standards the units he commanded, the Department of congratulations to Mr. Eugene L. Siegel, a of professional ethics and commitment to sol- the Army, the Department of Defense, and the friend and colleague from the Third Congres- diers. General House was commissioned a American people. Through superb leadership sional District of Illinois, whom recently cele- second lieutenant in 1968 upon completion of and the care and concern he demonstrated to brated 25 years in public service as the Mayor the Reserve Officers' Training Corps and soldiers and their families, he developed of Chicago Ridge, Illinois. graduation from Texas A&M University. During warfighters that accomplished every mission. Mayor Siegel is a hardworking, devoted his military career, he completed the Infantry During war, he led from the front, always by man. He is a long-time resident of Chicago. Officer Basic and Advanced Courses, the example, earning the respect and admiration Gene and his late wife, Virginia, have four United States Army Command and General of every soldier. During peacetime, he pro- children, Gary, Janet, Andrew and Matthew, Staff College, and the National War College. moted sound political and military relationships and four grandchildren, Steven, Bradley, Vic- General House's record of service is out- among unified and combined forces and en- toria and Alexandria. Gene became involved standing. Throughout his long and distin- hanced the quality of life of United States per- in politics in 1963, and since then, has been guished career, he has held numerous key sonnel and their families. General House also involved in public service on both the local command and staff positions, including the fol- worked to produce improved relations with a and state levels. lowing: Helicopter Platoon Leader and Infantry large number of countries within the Asia-Pa- Mayor Siegel has always maintained an Company Commander in South Vietnam; cific region and to improve crisis and contin- open door for all of his family, friends, con- Armor Brigade Commander during Operation gency planning. stituents, and employees. He began working

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.003 pfrm04 PsN: E13PT1 October 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1771 in public service as the Deputy Coroner for Judge Coats brought dignity and honor to panes, a marble altar, and has a seating ca- Cook County Coroner's Office; a post he held the courtroomÐand in all that he accom- pacity, of 1600 parishioners. for eight years. Throughout the 70's and 80's plished. His distinguished career and contribu- St. Clement Catholic Church has benefitted he served as the mayor of the Village of Chi- tions to the practice of law and the judiciary in from outstanding leadership, and the commu- cago Ridge on a part-time basis. Then, in Smith County will be long remembered, and I nities are most grateful to the service and 1993, Gene was elected as the full-time mayor would like to take this opportunity to join his dedication of members of the clergy, past and and has served in this capacity for the last family, his friends, and his peers in paying our present. Education has been a priority and seven years. last respects to this respected District Court though there were periods of financial hard- Mayor Siegel is a man for the people. As Judge, Bill Coats. As we adjourn today let us ship, the students were always a priority. mayor, he has been actively involved with do so in his memory. Today, Father Ron Victor continues the tra- people of all ages throughout the community f dition of caring and devotion to the commu- that he serves. For example, he was instru- nities of Center Line and Warren. I have thor- mental in the development of a Senior Citizen HONORING TILLIE BURGIN, EXECU- oughly enjoyed attending many events at St. Center and the establishment of the Youth TIVE DIRECTOR OF MISSION AR- Clement including its traditional festivals and Service Bureau with a Youth Director to coun- LINGTON/MISSION METROPLEX fish-fries. Over the years, it always has been sel families and their children. a pleasure to meet and spend time with many As mayor, Gene has made remarkable eco- HON. MARTIN FROST parishioners of the church. nomic, environmental and infrastructure im- OF TEXAS Mr. Speaker, I ask my colleagues to join me provements to the Village of Chicago Ridge. IN THE HOUSE OF REPRESENTATIVES in congratulating St. Clement Catholic Church For example, he created a solvent tax base by Thursday, October 12, 2000 as they continue their mission of faith and implementing the development of both the service to the parish and broader community, Chicago Ridge Mall and the Commons of Chi- Mr. FROST. Mr. Speaker, today I wish to and wish them continued success. cago Ridge. He also was involved with the im- honor Tillie Burgin, executive director of Mis- provement of Ridgeland Avenue to establish sion Arlington/Mission Metroplex. Mrs. Burgin f commercial land use, the installation of an was recently inducted into the Texas Women's adequate water system with a two million gal- Hall of Fame. Called the Mother Teresa of Ar- HONORING SHERI ROCHFORD lon reservoir, and a plumbing station. lington, Tillie Burgin works through Mission Ar- Mayor Siegel has been instrumental in lington to provide the community's poor and bringing economic prosperity to the commu- underprivileged families food, clothing, shelter, HON. SCOTT McINNIS nity. He has proven to be a true asset to his counseling, childcare, healthcare, and a myr- OF COLORADO family, friends and community. I am proud to iad of additional services. IN THE HOUSE OF REPRESENTATIVES have Mayor Siegel as a colleague of mine in Tillie Burgin originally founded Mission Ar- Thursday, October 12, 2000 the district. lington in August 1986 to fulfill her vision of I wish to extend my heartiest congratula- ``taking church to the community.'' Mrs. Burgin Mr. MCINNIS. Mr. Speaker, I would like to tions to Mayor Siegel and his family as he began with just two Bible study meetings in an take this moment to commend Sheri Rochford celebrates 25 years in public service. This is apartment community. As Mission Arlington on her outstanding commitment to education a remarkable accomplishment and Mayor grew, however, so did Tillie's vision. The im- at Fort Lewis College in Durango, Colorado. Siegel deserves great credit for the vast im- portance of meeting people's physical and Sheri's contributions as Dean of Development provements and economic development that emotional, as well as spiritual needs, became have helped to foster the educational environ- he has brought to the Village of Chicago immediately apparent. The organization has ment that Fort Lewis takes such great pride in. Ridge. My best wishes to the Mayor and his since expanded to provide a number of social Her efforts deserve the praise of this body. family on this wonderful milestone. services to Arlington, bringing hope and op- Sheri was born in Denver, Colorado, but her f portunity to every person in the community. family soon made Durango her home. She at- I am proud of the work that Tillie Burgin and tended school in Southern Colorado, grad- IN MEMORY OF JUDGE BILL Mission Arlington do to strengthen the city of uating from Durango High School and then COATS Arlington and its families. She has changed in- moving on to Fort Lewis College where she numerable lives with her great energy and graduated in 1977 with a degree in business HON. RALPH M. HALL dedication. Texas is honored to be home to and history. Her graduate work was done at OF TEXAS Tillie and her Mission. I cannot think of a more Lesley College in Cambridge, Massachusetts. After completing a master's degree in coun- IN THE HOUSE OF REPRESENTATIVES passionate, humble, or deserving woman to receive this honor. I salute her today. seling, Sheri went on to do her doctorate with Thursday, October 12, 2000 f Harvard by attending classes on weekends Mr. HALL of Texas. Mr. Speaker, it is an and during summers in Farmington, New Mex- honor to pay tribute today to the late District TRIBUTE TO ST. CLEMENT ico. Court Judge, W. E. ``Bill'' Coats, of Tyler, TX, CATHOLIC CHURCH For the past five years, Sheri has been the who died in April of this year at the age of 76. Dean of Development at Fort Lewis College. Judge Coats served Smith County for 30 HON. SANDER M. LEVIN After receiving her education, she joined the years as judge and district attorney. He had OF MICHIGAN Fort Lewis College staff as a secretary for the practiced law in Smith County since 1954. IN THE HOUSE OF REPRESENTATIVES sciences faculty. Her natural ability to lead and He was elected the first Republican district desire to succeed soon moved her up the lad- attorney in Texas, serving from 1963 until Thursday, October 12, 2000 der of advancement. Before becoming Dean, 1967. He also served as judge of County Mr. LEVIN. Mr. Speaker, I rise today to she served Fort Lewis College in the capacity Court at Law No. 2, from 1975±79, and served honor St. Clement Catholic Church in Center of Director of Admissions. as 7th District Court Judge to complete his 30 Line, Michigan as they celebrate 150 years of Along with her duties at Fort Lewis, Sheri is years of service in Smith County. He also was service to the Warren and Center Line com- also quite active in the community of Durango. appointed by the Tyler City Commission in munities with an anniversary mass on October She has served as president of the Durango 1968 to serve as Municipal Court Judge. 15, 2000. Foundation for Educational Excellence and Judge Coats was a Mason and Shriner and Generation after generation has been has been a long time supporter and member served in the Army Air Corps during World blessed and served by St. Clement Catholic of the La Plata County Historical Society and War II. Church which has held a prominent place in the Animas Museum. Sheri has worked dili- Survivors include a son, William Fred Coats their lives. Beginning in 1857, the Church has gently for the community of Durango and Fort of Tyler; daughters, Fonda Reeves of Tyler, engaged in a series of reconstruction and ex- Lewis College. Her contributions have been Ardis Maxwell of Luling, and LeAnn Craven of pansion programs in order to accommodate great in number. As she continues to serve as Wills Point; a brother, James Coats of the growing number of students. Dean of Development, I wish her the very Whitehouse; 10 grandchildren and two great- Today, their present church is an out- best. Sheri is one of our own in western Colo- grandchildren. standing edificeÐadorned with stainglassed rado and she has made us all very proud.

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.006 pfrm04 PsN: E13PT1 E1772 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2000 TRIBUTE TO FIREFIGHTER, Moving to Atlanta, Georgia in 1942, she HONORING MILES KARA ROBERT C. BRANNON, JR. worked as the publicity director for radio sta- tion WSB. She returned to Miami and contrib- HON. ROBERT E. WISE, JR. uted to the War effort by working for the Red HON. SCOTT McINNIS OF WEST VIRGINIA Cross as staff assistant to the Army Air Corps OF COLORADO IN THE HOUSE OF REPRESENTATIVES Redistribution Unit in Miami Beach, where she IN THE HOUSE OF REPRESENTATIVES Thursday, October 12, 2000 met her husband to be, Naval Lt. Commander Richard B. Plumer. He was graduated from Thursday, October 12, 2000 Mr. WISE. Mr. Speaker, I rise today to Miami High School, Philips Exeter Academy honor the life of Robert C. Brannon, Jr., a fall- and Princeton University (summa cum laude). Mr. MCINNIS. Mr. Speaker, it is with im- en firefighter from Bluefield, West Virginia, mense sadness that I take this moment to cel- who passed away at the age of 43 after suf- Mary raised four children (Richard, Penny, Christopher and Patience) and became ac- ebrate the life of Miles Kara of Grand Junc- fering a heart attack while battling a house tion, Colorado. Miles recently passed away in fire. tively involved in many worthwhile community projects. Among her accomplishments, she his home at the age of 84. Miles lived a life Robert C. Brannon, Jr. lived his life with in- full of love and happiness and his legacy will brilliantly led a committee to build the All Faith tegrity, dignity and honor. He was a man long endure. As family, friends, and col- Chapel at Jackson Memorial Hospital in 1973, known for his service to his family, his church, leagues mourn this immense loss, I would like and his community. As an alumnus of West five years after her daughter, Penny, died to take this time to pay tribute to a truly com- Virginia University and Bluefield State Univer- there. She has had articles published in The passionate and wonderful human being. sity, he was well-educated and well-rounded Miami Herald and Reader's Digest. She was and used his education in business and engi- awarded the M.O.M. Cup in 2000 as the Most Miles was born and raised on the western neering to help people in need. Mr. Brannon Outstanding Mother. She also earned a pres- slope of Colorado, and would eventually raise served as lieutenant and fire inspector for the tigious reference in Who's Who of American his children there as well. Graduating from Bluefield Fire Department. Women. Fruitvale High School and Grand Junction Although Mr. Brannon's life was cut short, Junior College, he went on to earn a Bach- Mary's gracious manner and warm spirit has he lived it to the fullest. Before serving over 20 elor's Degree from the University of Colorado won the hearts of the people of Miami. She is years with the Bluefield Fire Department he in 1937. Upon graduation, he taught at Apple- enjoyed growing up in Bluefield, West Virginia. admired and respected for her compassion ton High School for a few years and then met As a boy, he played little league, wrote for his and generosity to anyone who is fortunate to his patriotic duty by serving his country in the high school newspaper and was on his high meet her. It is my sincere pleasure and great United States Air Force during WWII. After re- school basketball team. As an adult, Robert C. honor to join Mary's family and friends in wish- turning a proud veteran, he enrolled in West- Brannon, Jr. not only gained the technical ing her a wonderful celebration and many minster Law School, graduating with a law de- knowledge to create and design web pages more happy and healthy birthdays. gree in 1948. but also was skilled as an electrician, car- f His educational background easily prepared penter, stoneworker and painter. Miles for the many career choices he would Known by his friends and family as Bob, he make during his service to the people of the was a loyal friend, husband and father. Bob, IN TRIBUTE TO THE HONORABLE WILLIAM H. AVERY Grand Valley. After moving back to his child- along with his wife Cindy, showed love and hood home, Miles practiced law for a number guidance to their two sons Jonathan and Jef- of years before working with a number of dif- frey. He and his family were also active in HON. FRANK R. WOLF ferent organizations, all serving the Grand Christ Episcopal Church in Bluefield. Junction community admirably. He began his Mr. Speaker, I ask that this House please OF VIRGINIA service to his community as Mesa County join me in recognizing and honoring the life of Judge and moved on to work for US Bank as service and dedication of Robert C. Brannon, IN THE HOUSE OF REPRESENTATIVES Senior Vice President and a Trust Officer. But Jr., and commemorate his sacrifice of service Thursday, October 12, 2000 Miles is best known for his work in education, as a Bluefield firefighter. where he served as President of the District f Mr. WOLF. Mr. Speaker, I want to add my 51 Board of Education and as Executive Di- congratulations to the many tributes recently EIGHTIETH BIRTHDAY OF MARY rector the Mesa State College Foundation. given to the Honorable William H. Avery, a LOUISE QUIGG CALDWELL former member of this House and a former Miles worked hard to ensure that Grand Val- PLUMER governor of the state of Kansas. ley's youth were receiving the best education possible. His devotion to his community was HON. ILEANA ROS-LEHTINEN On September 29, the post office in Wake- not only demonstrated by his work in edu- field, Kansas, the hometown of Bill Avery, was OF FLORIDA cation but also as a dedicated 33rd Degree renamed in his honor, and the town honored IN THE HOUSE OF REPRESENTATIVES Scottish Rite Mason. For Miles helping others their native son by proclaiming the event the Thursday, October 12, 2000 was second nature. In a recent article in The ``William H. Avery Day.'' Grand Junction Daily Sentinel by Rachel Ms. ROS-LEHTINEN. Mr. Speaker, I am I had the pleasure of working with Bill Avery Sauer, his daughter Nancy best summed up proud to recognize one of my constituents and at the Department of the Interior in the early her father in her own words: ``you always love very dear friends, Mary Louise Quigg Caldwell 1970's after his distinguished 10-year career your family and take care of them first thing. Plumer, of Miami, Florida, who will be cele- in Congress and as the 37th governor of Kan- And that people in trouble who need a hand brating her 80th birthday on October 21, 2000. sas. After receiving a degree from the Univer- should have one. If you could help someone Mary was born October 21, 1920 in Live sity of Kansas in 1934, he went back to his you should help them. It's your responsibility Oak, Florida. Her parents moved to Miami hometown to work the family farm. He started as a human being.'' when she was 6 years of age, where she was his public service career on the local school educated and graduated from Ponce de Leon Miles lived his entire life devoted to his fam- board in his hometown, and from there was ily but always made time for others. It didn't High School in 1938. She served as editor of elected to the Kansas State House of Rep- the school newspaper and was awarded the matter the time of day; he was always there resentatives before moving on to Congress Woman's Club Cup as the ``Most Outstanding to lend a helping hand. Miles showed his love and the Kansas statehouse. Girl.'' Mary continued her education at the for his family and his fellow humans in his Florida State College for Women (FSCW), be- Bill Avery is a man of honor and integrity every action. His commitment to public service coming a member of the Sophomore Council, who has devoted his life to serving the public. has changed the lives of many. Miles was a the Cotillion Club and the Pi Beta Phi Sorority. He continues to reside in Wakefield today, and loving and cherished member of our commu- She graduated from FSCW in 1940 and trans- it's a fitting tribute to this fine gentleman that nity and he will be greatly missed. ferred to the University of North Carolina in the people of his hometown have recognized Although he may be gone his memory will Chapel Hill, where she was awarded the Val- his service to their community by renaming live on within the hearts of all that knew him. kyrie Cup as the Most Outstanding Coed of their post office in his honor. I join in saluting Clearly, America is better off for having known the University, graduating in 1942. The Honorable William H. Avery. Miles Kara.

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.010 pfrm04 PsN: E13PT1 October 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1773 HONORING THE NASHVILLE SYM- formed the ``Symphony Society'' with its own me in congratulating him on being honored PHONY ORCHESTRA ON THE OC- orchestra and roster. Unfortunately that group with the National Community Spirit Award, and CASION OF ITS HISTORIC PER- fell to the wayside during the Great Depres- wish him well in his continuing volunteer work FORMANCE AT CARNEGIE HALL sion. However, the cause was taken up again in our county. IN NEW YORK CITY after World War II, when Nashville native and f war veteran Walter Sharp returned home from HON. BOB CLEMENT the war on a mission to form a symphony or- A TRIBUTE TO SAINT JOSEPH PARISH ON THEIR 150TH ANNI- OF TENNESSEE chestra in his hometown. Sharp succeeded VERSARY IN THE HOUSE OF REPRESENTATIVES and gained the support of the community Thursday, October 12, 2000 when he founded the Nashville Symphony Or- chestra. HON. JAMES A. BARCIA Mr. CLEMENT. Mr. Speaker, I rise today to Today the Nashville Symphony performs OF MICHIGAN honor the Nashville Symphony on the occa- more than 200 shows per year. Many of these IN THE HOUSE OF REPRESENTATIVES sion of its historic first performance at Car- performances are in conjunction with other Thursday, October 12, 2000 negie Hall in New York City. In particular, I area arts organizations such as Nashville Bal- would like to recognize the outstanding efforts let, Nashville Opera, Nashville Institute for the Mr. BARCIA. Mr. Speaker, I rise today to of Executive Director Alan D. Valentine and Arts, and Tennessee Performing Arts Center. sing praise for Saint Joseph's Parish in my his staff, conductor Kenneth Schermerhorn, In addition the symphony has performed with hometown of Bay City, Michigan as they cele- Associate Conductor Karen Lynne Deal, and Luciano Pavarotti, Charlotte Church, Amy brate their 150th anniversary. The church has the Board of Directors including Symphony Grant, Vince Gill, and many other internation- been the spiritual beacon of a fine neighbor- Campaign 2000 Chairman Martha Ingram. Al- ally renowned artists. hood and, indeed, of the entire community. though every person involved played a role in With an exceptional donor base and strong Since the middle of the 19th Century, the this effort, these individuals in particular gave community support, the Nashville Symphony church has stood as the centerpiece of the of their time and energy to ensure the sym- stands on a strong foundation to entertain and city's Northeast Side, drawing family and phony would have the opportunity to shine in enlighten new generations in the 21st Century friends into the light of Christian love and the national spotlight. charity. On September 25th the Nashville Symphony and beyond. f The congregation's commitment to the com- culminated an East Coast tour by performing munity remains as strong today as it was for the first time at Carnegie Hall in New York ‘‘A TRIBUTE TO ERNIE ARMSTEAD, when Father Kindekens first suggested in the City. Well over a thousand Middle Ten- TOP SENIOR VOLUNTEER’’ late 1840s that Catholic settlers build a church nesseans attended the sold-out show includ- in which he and visiting priests could minister ing Mayor Bill Purcell, my wife Mary, and me. to the needs of parishioners. By 1850, work The stunning performance garnered rave re- HON. JERRY LEWIS began on the first Catholic church in the Sagi- views from the New York Times and the Ten- OF CALIFORNIA naw ValleyÐSaint Joseph's. nessean proving to the nation what Nashville IN THE HOUSE OF REPRESENTATIVES In the beginning, just 20 families formed the has known for years about the symphony's ex- Thursday, October 12, 2000 foundation of the church. Six years later, the cellence in artistry and skill. Mr. LEWIS of California. Mr. Speaker, sen- Now in its 55th season, the Nashville Sym- burgeoning parish counted about 2,000 mem- ior citizens across the country are setting an phony has entertained and educated thou- bers on its rolls and by 1868 that number had example for all of us of the value and virtue sands of individuals at performances across more than tripled. As the years went by, the of volunteerism, but Ernie Armstead of San the nation. At home, the symphony has church expanded to include additional build- Bernardino is a standout even among these earned the respect of our community through ings and educational facilities. hard-working civic champions. The senior vol- years of perseverance through its varied his- The church's mission remains unchanged unteers and those who work with them in San tory. With the assistance and commitment of today as leaders continue to offer strong spir- Bernardino County, who know the hard work individuals like Martha Ingram, the Nashville itual and academic training to the neighbor- of Ernie Armstead, were delighted this year Symphony has graciously survived, and today hood's families and many beyond its environs. when he was one of five recipients of the boasts a roster of eighty-seven contracted mu- In fact, the church holds a special place in my sicians. In fact the group just released the new prestigious National Community Spirit Award heart because it is the home parish of my compact discs, ``Howard Hanson: Orchestral from the American Association of Retired Per- wife, Vicki, who received her religious and Works Volume I,'' and ``Charles Ives: Sym- sons. early educational guidance under the tutelage phony No. 2,'' on the Naxos label to coincide Mr. Armstead, who is retired from the Air of St. Joseph's clergy, nuns, teachers and pa- with their Carnegie Hall debut. Force and the U.S. Postal Service, has for the rishioners. The symphony is the largest performing arts past six years been organizing programs to Those who live in the shadow of St. Jo- organization in Tennessee, and regularly part- educate the senior population about every- seph's and those who have been touched by ners with the community and area schools to thing from Medicare to legislative issues to its influence cannot help but smell the sweet- educate the public about symphonic music how to get help with tax preparation. He now ness of an angel's breath at their side and feel and classical music. Studies have shown that serves as community relations coordinator for the hand of God on their shoulder. exposing children to music at a young age in- 36 area AARP chapters, and has been a f creases their ability to learn and retain infor- member of the County Senior Citizens Affairs HONORING RUTH BEASLEY mation. In fact, my two daughters, Elizabeth Commission since 1995. He is chairman of the and Rachel began playing the violin at the age commission's Senior Housing Subcommittee, of five. Both have benefited tremendously from and as liaison between the commission and HON. SCOTT McINNIS their exposure to symphonic and classical AARP. OF COLORADO music. Among his accomplishments, Mr. Armstead IN THE HOUSE OF REPRESENTATIVES In the same way, each young person should created an innovative program in my home- Thursday, October 12, 2000 have the opportunity to enjoy and participate town of Redlands known as Dinner and Dia- in the arts. The symphony plays a vital role in logue, which brings together people in their Mr. MCINNIS. Mr. Speaker, it is with great educating young people in our area by offering 50s and 60s for a meal and discussion of sadness that I take this moment to celebrate a number of educational opportunities such as issues that concern them. The popular dinners the life of Ruth Beasley of Gypsum, Colorado. Ensembles in the Schools; Martin Luther King have brought in speakers from around the Ruth spent nearly a third of her life giving Jr. Essay Contest; String and Band Bash; county to discuss senior programs and answer back to the community in which she was AmSouth Classroom Classics; and Young questions. It is one of many examples of op- raised and her contributions are immeas- People's Concerts at War Memorial Audito- portunities Mr. Armstead seeks for seniors to urable. As family and friends mourn her pass- rium. The symphony reaches 80,000 children create and expand networks across political, ing, I would like to pay tribute to this fine in Middle Tennessee each year. This commit- ethnic and age groups. woman. ment to exposing future generations to the Mr. Speaker, all of the people of San Ruth was born and raised in Gypsum and arts is to be commended. Bernardino County benefit from the hard work spent her entire life in the Eagle Valley. Her The history of the symphony dates back to by exemplary senior volunteers like Ernie fondest memories of her younger years in- 1920 when a group of Nashville musicians Annstead. I ask you and my colleagues to join clude her first trip to Denver to compete in a

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K12OC8.005 pfrm04 PsN: E13PT1 E1774 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2000 spelling contest as well as competing on her THE ANNIVERSARY OF THE EN- seniors in the United States; the Center for El- high school debate team. Her studies were al- ACTMENT OF THE STAGGERS ders Independence is one of 13 nationally-ac- ways very important to her and this earned ACT claimed ``Programs of All-Inclusive Care for her the honor of valedictorian at her high the Elderly'' (PACE); and Resources for Com- school graduation. HON. BUD SHUSTER munity Development is a developer of low-in- It was not her achievements in her younger OF PENNSYLVANIA come housing in Alameda County. This part- years that Ruth will be remembered for, rather IN THE HOUSE OF REPRESENTATIVES nership offers medical and community-based it was her work for the communities of Gyp- long term care services for low-income elders sum and Eagle that will forever keep her Thursday, October 12, 2000 while allowing them to remain independent, name alive. For over three decades Ruth Mr. SHUSTER. Mr. Speaker, twenty years socially active and live in the same community worked with the Eagle County Social Services ago, on October 14, 1980, President Jimmy throughout their life span. helping citizens of her community overcome Carter signed the Staggers Rail Act of 1980 Mr. Davis is a native of Mississippi who great challenges in their lives. She is also into law. This landmark legislation transformed came to California to ``seek a better quality of known for her dedication to the American Le- the nation's freight railroad industry from a life and to get away from discrimination.'' He gion Auxiliary and her work with the Eagle state of physical deterioration and widespread is the current Chair of the Black Property County Historical Society Museum. bankruptcy to the modern system we have Owners Association, President of the Tyler Ruth Beasley was very committed to her today that is the envy of the world. King Neighborhood Association, and remains community. Her dedication and compassion In the 1970s, after years of federal regula- active in helping to improve the quality of life for her fellow human beings will not soon be tion that did not allow the railroad industry to for South Berkeley. forgotten and will live on in the hearts of all compete effectively with other modes of trans- The Over 60 Building is truly an innovative that knew her. She was a loving person and portation, the railroads were in severe decline. model of care for seniors, quickly becoming a she touched the hearts of all that she came in Twenty percent of railroad mileage was being source of civic pride and a valuable resource contact with. She will be greatly missed. operated in bankruptcy. Capital investment for the citizens of Berkeley. I applaud the vi- f was not being made. Infrastructure suffered sion that Mr. Davis had to sell his property to from deferred maintenance, and accidents this important project despite personal finan- IN HONOR OF PEACE WEEK IN were on the rise. cial gains had he sold to for-profit developers. SANTA MARIA, CALIFORNIA The Staggers Act partially deregulated the f railroads and freed them to operate in the free HON. LOIS CAPPS market system like other industries. It allowed HONORING SUSAN LOHR OF CALIFORNIA the railroads to make their own business deci- IN THE HOUSE OF REPRESENTATIVES sions, to establish their own routes, to set HON. SCOTT McINNIS Thursday, October 12, 2000 rates based on market demand and to invest OF COLORADO in new technologies and infrastructure. IN THE HOUSE OF REPRESENTATIVES Mrs. CAPPS. Mr. Speaker, as this session Our nation's economy has benefited enor- Thursday, October 12, 2000 of Congress races to a close, we often lose mously from the Staggers Act. Lower railroad sight of some of the wonderful things hap- rates mean consumers pay less for the goods Mr. MCINNIS. Mr. Speaker, I would like to pening at home in our communities, and this they buy. Railroad customers have more take this moment to congratulate Susan Lohr, is especially true when Washington, D.C. is money to invest in their own businesses. on her recent award. Susan is one of two re- consumed by political battles. That is why I Fewer accidents mean a safer working envi- cipients of the Cranmer Award, sponsored by rise today to commend the remarkable city of ronment for railroad employees. Colorado Open Lands. Susan is the co-found- Santa Maria, California, which I am very proud Mr. Speaker, twenty years ago the enact- er of Gunnison Ranchland Conservation Leg- to represent, for its fourth annual Peace ment of the Staggers Act set the stage for the acy, an organization that works to preserve Week. renewal of the railroad industry and today our family-owned ranchland in southern Colorado. Mr. Speaker, two years ago, I stood on the nation's economy continues to benefit from Together with ranchers and community lead- House floor to congratulate Santa Maria on this important law. ers the organization is attempting to preserve being named one of 10 All-America Cities. f and protect over 20,000 acres of land. This high honor was justly granted to a city Susan is no stranger when it comes to con- that has distinguished itself by its diversity and IN RECOGNITION OF FRANK serving farm and ranchland. She is currently the fact that all the residents of Santa Maria DAVIS’ PARTICIPATION TO THE president of a private land conservation con- work together to find innovative ways to solve ESTABLISHMENT OF THE OVER sulting firm, Lohr Associates. She also re- their problems. 60 HEALTH CENTER, BERKELEY, cently retired as Director of the Rocky Moun- One glowing example of this community co- CALIFORNIA tain Biological Laboratory, where she worked hesiveness is Peace Week, which will begin for over a decade. Susan serves the Legacy tomorrow, October 13. The goal of Peace HON. BARBARA LEE in the capacity of Founding Director and Board Week is to stress nonviolence and conflict me- OF CALIFORNIA Member Secretary/Treasurer. diation. Each day brings a focus on a new IN THE HOUSE OF REPRESENTATIVES Susan has worked very hard to ensure that topic and allows community members of all family ranchlands are protected throughout Thursday, October 12, 2000 ages and cultures to discover ways they can southern Colorado. This dedication has helped make a difference in their own lives and in the Ms. LEE. Mr. Speaker, I recognize the par- a great number of people preserve thousands lives of their neighbors. ticipation of Berkeley activist and realtor Frank of acres of land and for that she deserves the Examples of daily Peace Week activities in- Davis in the establishment of the Over 60 recognition of this body. Mr. Speaker, on be- clude a candlelight march, nonviolence edu- Health Center in Berkeley, California. half of the State of Colorado and the US Con- cation, and children's friendship games. Par- Mr. Davis has been a resident of Berkeley gress I congratulate Susan on this prestigious ticipants will enjoy a free community breakfast for over 50 years and owned the property and well-deserved award. on ``Community Peacemaker Day'' and a key- where the Over 60 Clinic now calls home. Congratulations! note address given by Clayton Barbeau. There While Mr. Davis had many offers to sell his f will also be stress relief through massage and property at a larger profit, he rejected those Reiki therapists, a workshop on healing rac- offers to sell until he was moved by the idea FLAWED ELECTIONS IN BELARUS ism, and an Ecumenical Musical Reflective and challenge of a combination senior housing Peace Service. and health care project. Mr. Davis sold his HON. CHRISTOPHER H. SMITH Mr. Speaker, Peace Week is the product of property to the Over 60 Building Project, which OF NEW JERSEY an entire city and its enlightened leadership. I ultimately helped create this unique facility that IN THE HOUSE OF REPRESENTATIVES want to pay special tribute to my friend, Sister combines a health clinic downstairs with af- Janet Corcoran of Marian Medical Center Mis- fordable housing for seniors upstairs. Thursday, October 12, 2000 sion Services, for her remarkable dedication The Over 60 Building is a unique collabora- Mr. SMITH of New Jersey. Mr. Speaker, this and tireless work on behalf of her community tion of three local non-profit organizations. Sunday, October 15th, Belarus will hold par- and the precious cause of peace. She is a Over 60, a division of LifeLong Medical Care, liamentary elections. Based on the run-up to role model for me and a role model for us all. is the oldest community health center serving the elections, the possibility of free and fair

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K12OC8.006 pfrm04 PsN: E13PT1 October 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1775 elections simply does not exist. Belarusian HONORING MR. JOHN HERNANDEZ of Michigan are losing more that just a Judge, strongman Alyaksandr LukashenkaÐwho ille- they are losing a man who has dedicated his gally extended his own term in officeÐis once HON. KAY GRANGER life to serving the people. His dedication and again attempting to dupe the international OF TEXAS work over the years for the people of Michigan community into believing that there are viable IN THE HOUSE OF REPRESENTATIVES has been truly admirable and aspiring to many. electoral processes in today's Belarus. The re- Thursday, October 12, 2000 ality is different. With over 45 years of service to his commu- Ms. GRANGER. Mr. Speaker, I rise today to nity, Judge Gribbs has left his mark on a The Lukashenka regime has not met any of pay tribute to John Hernandez, one of Fort countless number of lives. This loving hus- the four conditions that the Organization for Worth, Texas' finest sons, in honor of his re- band and father of five children, began his ca- Security and Cooperation in Europe set back ceiving the Ohtli Award from the Mexican Min- reer as professor at the University of Detroit in last springÐnamely, a democratic election istry of Foreign Affairs for his lifetime service 1954. His distinguished career included many law, an end to human rights abuses, access to the Hispanic community. There is no person different positions within the legal profession. by the opposition to the state media, and gen- more deserving than John Hernandez. His jobs ranged from Assistant Prosecutor to uine powers granted to the parliament. As a The Ohtli Award recognizes individuals of Sheriff of Wayne County by 1969. He was result, on August 30, the OSCE and other in- Mexican descent who live outside of Mexico elected Mayor of the city of Detroit serving stitutions decided not to send a full-fledged who have dedicated the better part of their from 1970±1974, during which he was elected international observation team to Belarus. This lives to ``opening up new paths'' to make it as the President of the National League of Cit- decision could have been revisited if the situa- easier for future generations to follow in their ies. tion in Belarus had improved. However, since footsteps. Mr. Hernandez has done this and In the 25 years since he left the Mayor's of- August 30, the Lukashenka regime has denied much more for the Hispanic community of Fort fice, Judge Gribbs has dutifully served the citi- Worth. zens of Michigan, first on the Third Judicial registration to many opposition candidates on Born in Fort Worth in 1931, Mr. Hernandez Court and then on the Court of Appeals. His highly questionable grounds; detained, fined, graduated from Laneri Catholic High School in service throughout his life is a testament to or beaten over 100 individuals advocating a 1951. Six years later, in 1957, he married his the man that he is, a compassionate, com- boycott of the elections; burglarized the head- wonderful wife, Jeanette. Together, they have mitted worker for the people. Such a public quarters of an opposition party; and con- dedicated their lives to faith, family, and com- servant is one that the people should treasure fiscated 100,000 copies of an independent munity. and feel fortunate to have in our democracy. newspaper. My friend, opposition leader Mr. Hernandez has tirelessly served Fort The state of Michigan and our country have Anatoly Lebedka was physically assaulted dur- Worth's Hispanic community. He is a Board been beneficiaries of the generous and out- ing a commemoration of the one-year anniver- member of the Fort Worth Hispanic Chamber standing service provided by Judge Roman S. sary of the disappearance of opposition leader of Commerce and served as its Chair from Gribbs. It is my great pleasure to honor him Viktor Gonchar and his associate Anatoly 1991±1992. Mr. Hernandez currently serves today, and to wish him a happy, healthy and Krasovsky. I might add that another leader of as the Chair of the North Texas Unity Council productive retirement. the opposition, former Interior Minister Yuri of La Raza and as a Board member and Sec- f ond Vice Chair of the Red Cross. He is a Zakharenka, remains missing after having dis- HONORING BILL TRAMPE appeared 17 months ago, and two leading op- member of the University of North Texas position members, Andrei Klimov and Vladimir School of Community Service's Board. Mr. Koudinov, remain imprisoned on politically mo- Hernandez also serves as a member of the HON. SCOTT McINNIS tivated charges. Board of Trustees for the Catholic Diocese of OF COLORADO Fort Worth and a Council Member at All IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, governmental interference in Saints Catholic Church. As a Scout Master Thursday, October 12, 2000 the election process appears to be rampant. and Executive Board member of the Longhorn There are reports that regional and local gov- Council, he has been actively involved with Mr. MCINNIS. Mr. Speaker, I would like to ernment executive committees have been the Boy Scouts of America for almost two dec- take this moment to recognize Bill Trampe on threatened to ensure that government sup- ades. These are just several examples of his his recent award. Bill is one of two recipients ported candidates will be elected. The reg- invaluable contributions to our community. of the Cranmer Award, presented by Colorado istration process also showed strong signs of Paving the way for others to follow, Mr. Her- Open Lands. He was selected by the Board of arbitrariness, with the rejection of a large per- nandez has helped tear down the walls of dis- Directors for his work with an organization he helped to co-found, which works to preserve centage of candidates, especially opposition crimination. He has always been a crusader family owned ranchlands throughout the Gun- candidates. According to today's Radio Free for the betterment of the Hispanic community, never seeking the glory for himself, but in- nison Basin. Europe-Radio Liberty East-Central Europe Re- Bill co-founded the Gunnison Ranchland port, Belarusian authoritiesÐin an attempt to stead for those around him. Our community is stronger for his presence and forever blessed Conservation Legacy in order to help maintain counter the opposition's call for an election a tradition that has long inhabited Colorado. boycottÐhave begun urging early voting and for his dedication and devotion. I would like to congratulate Mr. Hernandez, This organization is made up of ranchers and even threatening reprisals if voters fail to go to his wife of 42 years, Jeanette, his eight chil- community leaders aiming to protect and pre- the polls. Furthermore, in Brest, the govern- dren, and fifteen grandchildren and wish them serve over 20,000 acres of ranchland that is ment-controlled local press is publishing elec- all continued happiness and success in their family-owned in southern Colorado. Bill is a tion materials devoted solely to one candidate. endeavors. third generation rancher and this organization All of these and other incidents, Mr. Speaker, Mr. Speaker, Mr. Hernandez embodies the holds a place dear to his heart. have contributed to an atmosphere highly ob- spirit of community responsibility we all strive Bill's dedication to preserving land for ranch- trusive to free and fair elections. towards. His life's work makes America a bet- ers is quite evident in his past work with a Given the pre-election atmosphere, the ter place to live in every day. number of different organizations. Bill is an ad- international community will be hard-pressed f visor to the Colorado State University Moun- tain Meadows Research Station, a member of to recognize the new parliament, which suc- CONGRATULATING JUDGE ROMAN the Board of Directors of the Colorado River ceeds the old, Lukashenka hand-picked par- S. GRIBBS UPON RETIREMENT District and has served as member and Presi- liament that was not recognized by the OSCE dent of the Board of Directors of the Upper Parliamentary Assembly and much of the HON. FRED UPTON Gunnison Water Conservancy District for near- international community. Moreover, the current ly two decades. While his civic duties were election environment does not in any way in- OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES great in number, he also found time to man- spire confidence that the presidential elections age his family ranch, Trampe Ranches. scheduled for next year will be democratic. Mr. Thursday, October 12, 2000 Bill has worked very hard to assist the Lukashenka would do well to keep in mind Mr. UPTON. Mr. Speaker, I rise today to ranchers and farmers of southern Colorado that, with the fall of Slobodan Milosevic, he mark the end of an era in the government of and ensure that their ranchland will be pro- becomes increasingly isolated as Europe's my home state of Michigan. With the retire- tected. Bill's dedication and hard work for his sole remaining dictator. ment of Judge Roman S. Gribbs, the people community has earned him the admiration of

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.019 pfrm04 PsN: E13PT1 E1776 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2000 this body. On behalf of the State of Colorado HONORING NATIONAL DAY FOR tech capabilities, based on U.S. military tac- and the US Congress I congratulate Bill on THE REPUBLIC OF CHINA ON tics with information technology and weap- this prestigious and well-deserved award. TAIWAN ons systems purchased or stolen from the U.S., Russia, and Israel. Congratulations! During ongoing large-scale military exer- HON. DUNCAN HUNTER cises, China has demonstrated significant f OF CALIFORNIA new joint-service war fighting skills ‘‘under IN THE HOUSE OF REPRESENTATIVES high-tech conditions’’ that are steadily al- HONORING MIKE QUERING FROM tering the balance of power in the Taiwan THE SIXTH DISTRICT OF COLO- Thursday, October 12, 2000 Strait . . . The PLA’s doctrine of ‘‘asymmet- RADO Mr. HUNTER. Mr. Speaker, Tuesday, Octo- rical’’ warfare emphasizes paralyzing the ber 10th, marked the National Day in the Re- high-tech strength of the U.S. and our allies, through attacks on military, economic, and public of China on Taiwan. The so-called HON. THOMAS G. TANCREDO governmental computerized information sys- ``Double 10''Ðthe tenth day of the tenth tems. OF COLORADO monthÐcommemorates the founding of the Mr. Speaker, there is much more that could Republic of China on October 10, 1911. IN THE HOUSE OF REPRESENTATIVES be said. I will leave it simply at this: No one This ``Double 10'' observance in Taiwan this can predict with certainty when the hour of Thursday, October 12, 2000 year is cause for both celebration and sobri- maximum danger will come, but it is entirely ety. The reason for celebration is obvious. As Mr. TANCREDO. Mr. Speaker, today I possibleÐif present trends are permitted to every Member knows, Taiwan once again con- honor a constituent of mine from the Sixth continue much longerÐthat the candidate we ducted a national election, this past March. Congressional District of Colorado, Mike elect as President next month will be the man Chen Shui-bian, the former mayor of Taipei Quering, and join others throughout the state who will eventually be confronted with a and a veteran of the pro-democracy campaign of Colorado in recognizing the efforts of the choice between defending Taiwan and its de- in the 1980's, was elected president. Eighth Air Force and proclaim every October mocracy or appeasing Beijing and thereby 8±14 as Mighty Eighth Air Force Week. As the reins of government were transferred from one party to another, the final phase of sacrificing U.S. strategic interests in Asia for Mike is a member of the Eighth Air Force, Taiwan's democratic transformation was com- generations to come. which was formed and dispatched to England pleted. And a remarkable transformation it has So during this year's observance of ``Double in 1942 to become the largest military unit in been over the past decadeÐa renegotiation of 10,'' let us celebrate what has been achieved World War II, and the largest bomber force of the ``social contract'' that was conducted with- in TaiwanÐthe victory of democracy and the all time. Over 350,000 airmen served in Eu- out the kinds of chaos and confrontation that blessings of a free society. Let us also be re- rope and the Eighth Air Force has continued have attended such sweeping political solved to do whatever is necessary to protect as an operational combat unit to this day with changes in some other countries. Taiwan and to preserve its way of life. In over one million serving our country in war There are many heroes in the democratiza- standing by Taiwan, we are also standing up and in peace. tion of Taiwan. President Chen, for one; and, for ourselves. In the one week period between October 8± his predecessor in the presidential office, Lee f 14, 1943, the Eighth Air Force lost over 100 Teng-hui, for another. The 22 million people of Heavy Bombers to enemy action over the HONORING DR. MURRAY PRITCH- Taiwan, who have taken so readily to democ- ARD OF WEST PLAINS, MISSOURI skies of Europe, and despite heavy losses, racy and have participated so enthusiastically many feel that this was the turning point for in the whole electoral process, are also he- daylight strategic bombing. Targets during the roes. HON. JO ANN EMERSON week were as follows: on October 8th, over So on the occasion of this year's ``Double OF MISSOURI Bremen, Germany, the force lost 14 bombers 10,'' all of Taiwan and its many American IN THE HOUSE OF REPRESENTATIVES and 3 fighters; on October 9th, over Anklam, friends can join in a celebration of democracy Thursday, October 12, 2000 Germany, they lost 6 bombers; on October and in a renewed commitment to the prin- 10th, over Munster, Germany, the Eighth Air ciples of a free society and a free market Mrs. EMERSON. Mr. Speaker, today I con- Force lost 30 bombers and 1 fighter; and on economy that have proved so successful in gratulate a very special man, Dr. Murray October 14th, over Schweinfurt, Germany, the Taiwan, the United States, and many other Pritchard of West Plains, Missouri. Dr. Pritch- force lost 60 bombers and 1 fighter. countries. ard was recently named Outstanding VA I think it is important, at this time, to point But, Mr. Speaker, this is also a time for so- Health Care Provider of the Year at the Vet- out that no Mighty Eighth mission was ever briety. The past seven-and-a-half years have erans of Foreign Wars National Convention turned back due to enemy actionÐat a cost of witnessed a fundamental shift in U.S. policy held in Las Vegas, Nevada. I am very pleased 26,000 killed in action and over 28,000 taken toward Asia. Without the benefit of a thorough to honor the distinguished career of Dr. Pritch- as prisoners of war. The number of missing in strategic analysis or an informed national de- ard and all the contributions he has made to action and wounded have even today not bate, there has been a concerted attempt to veterans in Southeast Missouri. been counted. redirect U.S. policy into a China-centric focus Dr. Pritchard served this country in the Army during World War II. He was captured in North The Eighth Air Force Historical Society, the at the expense of our other traditional allies. The perception in international circles that Africa in February 1943, and spent two years largest single military unit veterans group in in a prisoner of war camp in Germany. When history, holds its annual reunions in the month Taiwan has been stigmatized as the ``prob- lem'' in U.S./China relations was most dra- Dr. Pritchard returned from the war, he went of October and today 20,000 Eighth Air Force to medical school and became a doctor of os- Historical Society members are seeking to in- matically reinforced during President Clinton's trip in July 1998 to the People's Republic of teopathy while also completing a masters de- form future generations of the contribution and gree in public health administration. After sev- sacrifice made by their generation to perpet- China, during which he implicitly endorsed the P.R.C.'s interpretation of the ``One China'' eral years in private practice, our community uate America's freedom and way of life. was lucky to have him join the staff of the The Mighty Eighth stands as proof to Amer- doctrine. Concurrent with the ill wind from Wash- John J. Pershing VA Medical Center in Poplar ica and the rest of the world of the sacrifices Bluff in 1973. Dr. Pritchard worked in the out- that our World War II veterans made to ensure ington has been the rapid and provocative buildup of forces in the P.R.C.'s People's Lib- patient department until he retired in 1985. that freedom and democracy survive and flour- But retirement didn't last very long. Soon Dr. ish around the world. eration Army. A member of Representative ROHRABACHER's staff, Al Santoli, traveled to Pritchard helped lead the innovative process And so, as many proud veterans do every the region during August and filed a report of starting the VA Mobile Clinic program. Many year during the week of October 8±14, I rise that was published by the American Foreign veterans in rural America live 100 miles or to proclaim this week of October 8±14 as Policy Council. Among Mr. Santoli's key find- more from the closest VA medical center. Mighty Eighth Air Force Week. I would also ings: Traveling to see a doctor, to get a check up, ask every Eighth Air Force veteran and friend The PLA’s modernization and joint war or even to get necessary prescription drugs is of the Eighth to wear and display items identi- fighting capabilities are developing at a rate a hardship to these men and women. But Dr. fying them with The Mighty Eighth to honor far more rapidly than the Pentagon’s pre- Pritchard and the folks at the Poplar Bluff VA and remember their comrades and especially vious predictions. The Nanjing Region exer- wouldn't let distance stop them from giving those who made the supreme sacrifice. cises have showcased the PLA’s new high- top-notch care to veterans. If the vets couldn't

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K12OC8.008 pfrm04 PsN: E13PT1 October 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1777 go to the clinic, Dr. Pritchard made sure the the years, but Orlyn was able to manage Mr. Speaker, public officials, such as our- hospital would come to them. On the road these issues fairly and earn the respect of selves, do not officially gain the title ``Honor- about 4 days a week, Dr. Pritchard and his both eastern and western Colorado. Orlyn's able'' until the constituents we serve grant us wife make sure that no veteran is left without contribution to the citizens and farmers of their mandate through our election. It was not the necessary, quality health care they de- western Colorado is immeasurable. Orlyn you until 1992 that the title was granted to me. serve and were promised. have served your community, State and Na- However, I firmly believe that I, together with Dr. Pritchard not only serves the veterans of tion proudly and I wish you the best in your fu- my colleagues in the field of education, have Southeast Missouri, but he also is concerned ture endeavors. earned the title long beforeÐby having been a with the well being and health of all Ameri- f teacher, a member of a most honorable pro- cans. When Hurricane Andrew hit southern fession. TEACHERS’ APPRECIATION DAY Florida, Dr. Pritchard headed up a team of Over the years, teachers have insured a health care professionals who took their mo- bright future through the education of our bile clinic to help treat the victims of the hurri- HON. ROBERT A. UNDERWOOD youth. Teachers have been willing to share cane. His team helped ease the suffering of OF GUAM their knowledge and adjust to meet the needs about 150 hurricane victims a day in Florida. IN THE HOUSE OF REPRESENTATIVES of students. In our present society where the And if that isn't enough, Dr. Pritchard has Thursday, October 12, 2000 family unit is under constant exposure to ex- many other notable accomplishments such as: Mr. UNDERWOOD. Mr. Speaker, a procla- ternal and internal conflicts and pressures, we holding the post of past commander of the mation signed by Acting-Governor Madeleine look toward our teachers to be role models Missouri Association of Former POW's, serv- Bordallo on September 1, 2000, designated who play a vital role in the development of ing as president of the Missouri Society of the month of September as ``Teacher's Rec- every child placed under their supervision. On American College of General Practitioners in ognition Month.'' Three years ago, the Guam Teachers' Recognition Month and, especially, Osteopathic Medicine and Surgery, and as Legislature designated September 28th as on Teachers' Appreciation Day, I commend past president of the Association of Military ``Teachers' Appreciation Day'' in order to pay and congratulate my esteemed colleagues in Osteopathic Surgeons. tribute and acknowledge the important role the field of education, the teachers of Guam. Dr. Pritchard is a dedicated doctor, and a played by teachers on the island of Guam. kind and generous human being who answers Intended to coincide with the birthday of the f the call of service to his fellow man. Chinese philosopher, Confucius, the month- Mr. Speaker, Dr. Murray Pritchard is more long celebration was set aside to honor those PIPELINE SAFETY IMPROVEMENT than worthy of receiving the honor of Out- who have dedicated themselves to the teach- ACT OF 2000 standing VA Health Care Provider, and I hope ing profession. Regarded as one of the world's that all of my colleagues will join me today in greatest philosophers and teachers, Confucius SPEECH OF recognizing this truly remarkable man. has been given credit for the development of HON. JOE SKEEN f public education. Hence, for the past three years, the Confucius Society of Guam, under OF NEW MEXICO HONORING ORLYN BELL the leadership of its president, Robert Kao, IN THE HOUSE OF REPRESENTATIVES has worked towards raising the community's Tuesday, October 10, 2000 HON. SCOTT McINNIS awareness regarding the importance of teach- Mr. SKEEN. Mr. Speaker, today I rise to OF COLORADO ers to every community. In this year's events, the island of Guam support S. 2438, the Pipeline Safety legisla- IN THE HOUSE OF REPRESENTATIVES tion, and also to implore the House of Rep- Thursday, October 12, 2000 chose to celebrate the legacy of its teachers by honoring current teachers whose families resentatives to pass it quickly and send it to Mr. MCINNIS. Mr. Speaker, I would like to include generations of classroom teachers the President for his signature. take this moment to honor a remarkable among its members. Among those honored In August, in my Congressional District in human being, Orlyn Bell. For over three dec- are Phyliss L. Leon Guerrero, Debra R. New Mexico, a pipeline explosion took the ades Orlyn has fought hard to ensure that the Mariano, and my very own daughter, Sophia lives of eleven family members who were water of western Colorado is being distributed R. Underwood. camping in an area located south of Carlsbad correctly and fairly. Orlyn is retiring as the Di- Phyliss, who is from George Washington along the Pecos River. This terrible tragedy vision 5 water engineer, a position he has held High School in Mangilao, has been a teacher shook our state to the core. I visited the site in Glenwood Springs for just over 17 years. As for eight years who has four generations of of this disaster and I cannot begin to describe Orlyn moves on to bigger and better things, I teachers in her family. Her great-grandmother, what I saw and the impact it has had on the would like to take this opportunity to commend Asuncion Martinez Cruz, taught at a school lives of countless citizens in New Mexico. him on his service to the western slope of Col- run by the Spaniards in the 1890's. Her grand- This legislation is bipartisan and it passed orado. mother, Vicenta S.A. Leon Guerrero, taught in the U.S. Senate with no opposition. This bill Orlyn began his career in engineering as far schools established by the Americans from will help us avoid these terrible accidents in back as 1965 where his summer job had him 1922 until 1962. She is the daughter of Vir- the future. Congress does not have time to measuring the flow of a major flood of the ginia Artero Leon Guerrero, an elementary play politics with this legislation. We don't South Platte River after it hit Denver. His work school teacher who taught for 14 years, and have time for extended conferences on this during this traumatic time earned him not only Wilfred Leon Guerrero, the former president of legislation. Those who feel more is needed in a citation from the Governor, but also sparked the University of Guam. this bill can introduce those changes next an interest that would soon become the focus Debra, a four-year veteran, teaches at year. If we don't pass this bill we will have no of his professional career. In 1968 he grad- Agueda Johnston Middle School. Her grand- legislation for at least another two years. It is uated from the University of Denver, with a father, Cayetano A. Quinata, served as a unconscionable for this Congress not to pass degree in civil engineering. After spending a teacher and principal at several elementary legislation this year. To those who would vote few years working for the Washington High- schools for a period of 39 years. Her grand- against this legislation I say shame on you. way Department he moved back to Colorado father, Alejo L.G. Quinata, taught under the This bill imposes new pipeline testing require- where he began his legendary career in the Japanese during the occupation of Guam dur- ments on pipeline operators. It imposes higher state engineer's office. ing World War II. Her mother, Mary Q. penalties for safety violations and invests in For almost two decades now, Orlyn has Mariano, taught at P.C. Lujan Elementary, new technology to improve pipeline safety. been one of seven engineers in charge of the Price Elementary and the Guam Community This bill increases the funding for pipeline seven different major river basins. The area in College. safety as well as increasing state oversight which he has represented is vast in size and My daughter, Sophia, has been teaching for and local government input. President Clinton the demand for water is much larger than the more than five years. She also comes from a supports this bill, Senate Democratic Senators actual supply. This large area spans from the long and solid line of teachers. My grand- support this bill. Continental Divide in central Colorado all the father, James H. Underwood, taught English I want to thank Chairman SHUSTER and the way through the Grand Valley on to the Utah at night school soon after the Americans took leadership of the Transportation and Infra- border. possession of Guam in 1898. He taught until structure Committee for all of the hard work The battle for water in Colorado is one that 1905. My parents, John and Esther, as well as they have done in bringing this important leg- has sparked a great deal of controversy over my wife, Lorraine, and I have been teachers. islation before us. We need to pass S. 2438.

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.024 pfrm04 PsN: E13PT1 E1778 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2000 CONGRATULATING CLAIRE and Nation admirably and he will be greatly sults to the public. Obviously it will do little HOWARD missed. good to the consuming public if the rollover f test results are not publicized and dissemi- HON. PATRICK J. TOOMEY TRANSPORTATION RECALL EN- nated widely. Information is the consumer's OF PENNSYLVANIA HANCEMENT, ACCOUNTABILITY, best friendÐand I believe that consumers IN THE HOUSE OF REPRESENTATIVES AND DOCUMENTATION (TREAD) would be well-served when contemplating SUV purchases, for instance, at the show- Thursday, October 12, 2000 ACT room, to have such test results readily avail- Mr. TOOMEY. Mr. Speaker, today I rise to SPEECH OF able to them. In addition, informational bro- congratulate Claire Howard, one of my con- chures and Internet websites can also be a stituents, on her appointment as the Presi- HON. EDWARD J. MARKEY valuable resource for consumer information. dent-Elect of the United States Serra Club. In OF MASSACHUSETTS As the rollover provision makes clear, the 2001, Mrs. Howard will become the first IN THE HOUSE OF REPRESENTATIVES rollover test requirement does not apply to woman President of the USA Council and also Tuesday, October 10, 2000 recreational vehicles designed to provide tem- the first in the history of Serra International. Mr. MARKEY. Mr. Speaker, I rise in support porary residential accommodations. My intent Mrs. Howard is a charter member of the of the so-called ``TREAD Act'' and I want to in offering this provision was to deal primarily Bethlehem Serra Club and over the years has commend Chairman BLILEY, Chairman TAUZIN, with SUVs, minivans, light trucksÐthose vehi- served as an active member on almost all of Chairman UPTON, Ranking Member Mr. DIN- cles that many consumers are purchasing the standing committees. Of particular note is GELL, Mr. LUTHER, and the many Commerce today that have a elevated center of gravity, Mrs. Howard's service as the Coordinator of Committee colleagues who have worked very giving these vehicles a proclivity to rollover in the Serra Clubs of Allentown Diocese's ``Life/ hard on this bill for bringing this legislation to certain circumstances. Nor is this provision in- Vocation Awareness Weekend.'' The weekend the floor at this time. Hopefully, with time run- tended to apply to multiple stage vehicles offers any adult who would like to explore the ning out we can convince the Senate to simi- such as specialized delivery trucks or custom possibilities of entering the priesthood or a re- larly take up legislation on this issue and we van conversions produced in extremely limited ligious order a time to reflect, pray and interact can get a bill to the President's desk before quantities. These multistage production vehi- with priests. In addition to her work with the Congress adjourns. cles are produced by small volume customizer Serra Club, Mrs. Howard is an active member This legislation was initially prompted by the operations. This production ``niche'' is filled by of the Morning Star Rotary Club, Junior Firestone recall of some of the over 6 million small producers who buy incomplete vehicles League of the Lehigh Valley, Bethlehem Pal- tires used primarily on the Ford Explorer. As (chassis) from the large vehicle manufacturers ette Club, and the Bethlehem Quota Club. has become readily apparent during the and mount a specialized body and related I applaud Mrs. Claire Howard on her new course of our congressional investigation, both equipment on these limited volume vehicles. appointment and wish her the best of luck in Firestone and Ford knew that there were prob- Specialized delivery vehicles below the 10,000 this new assignment. lbs. gross vehicle weight rating such as ambu- f lems years before they told the National High- way Traffic Safety Administration (NHTSA) or lances, bread trucks and other custom made, HONORING CECIL WALT the American public. work-related vehicles do not have a mass This legislation has many provisions de- market and are not the focus of this provision. HON. SCOTT McINNIS signed to enable NHTSA to perform its job In addition, I also amended the legislation OF COLORADO better and new measures to increase the safe- during Commerce Committee consideration to IN THE HOUSE OF REPRESENTATIVES ty of American motorists and give consumers add a requirement that tire pressure warning needed information. The bill includes an in- systems become standard in vehicles. Such a Thursday, October 12, 2000 crease in civil penalties, consumer protections standard could help save lives, help conserve Mr. MCINNIS. Mr. Speaker, it is with great against the resale of defective or recalled fuel, and prolong the integrity of tires. sadness that I take this moment to honor the tires, and a mandate to NHTSA to update the When NHTSA looked at this issue in 1979 life of Cecil Walt. Cecil recently passed away tire safety standards, which haven't been up- and 1980, it decided at that time that the tech- at age 98. Cecil spent nearly half of his life dated since 1968. nology was too expensive. In the last 20 serving the Grand Valley in a number of dif- In addition, I successfully amended the bill years, there has been significant development ferent capacities. As family and friends mourn in Committee to require NHTSA to conduct dy- in this technology and the cost is much less. this great loss, I would like to pay tribute to namic testing for rollovers. The fact is that In 1981, NHTSA thought that it would cost this remarkable human being. these SUVs, minivans, light trucks represented around $15 per vehicle and today our informa- Cecil moved to the Grand Valley in 1944, in 1997 some 46 percent of all new vehicle tion is that it may cost merely $2.50 per carÐ settling in Grand Junction, Colorado. During sales in the United States and they are obvi- for all 4 tires. So this technology is but a frac- his time on the western slope he owned and ously very popular vehicles. tion of the cost that it was when this was last operated five different automotive stores, but Mr. Speaker, according to NHTSA, rollovers formally considered by NHTSA. was best known for his work for the commu- are the second most common type of fatal For example, new technology allows modi- nity. It was not long after residing in Grand crash after head-on crashes for all carsÐbut fications to the antilock brake system to meas- Junction that he decided to run for mayor and it is the most common type of fatal crash for ure the spin rate of the wheel and this is the was elected. His work for the city will forever light trucks, which includes SUVs, pickup technology that has now become a standard be enshrined along the Main Street Shopping trucks and minivans. feature on the 2000 Sienna van. Park, which he was instrumental in con- And we know today that sport utility vehicles As I understand it, the way the technology structing. have a 3 times higher probability of rolling works is that the device monitors each tire and Cecil's work to improve the city of Grand over than passenger cars due to their higher relays information to a warning mechanism in- Junction earned national attention in 1963 center of gravity. And we also know that al- side the car. When the monitor finds a tire that when Look Magazine named it an ``All-Amer- though traffic deaths reached an all time is under-inflated the warning light or sound ican City.'' Cecil was also very active in cru- record low last year, rollover deaths continued comes on to indicate a tire pressure prob- sades to protect western slope water rights to climbÐto over 10,000 fatalities last year. In lemÐjust as a warning light flashes when a and to ensure that the Eisenhower Tunnel was addition to fatalities, rollovers cause 55,000± motorist's brake fluid runs low today. built where it stands today, to ensure motorists 60,000 serious injuries each year. I believe this modest safety addition will safe passage from the western slope on into In my view, given the nature of the types of save many lives. It is a provision that re- Denver. vehicles on our roadways and auto show- sponds to the testimony we received from the Former Colorado State Senator Tilman rooms today, this dynamic rollover testing is industry that they expect American motorists Bishop, in recent article by Zack Barnett in overdue and I believe it will enhance informa- to be cognizant of the tire pressure of their ve- The Grand Junction Daily Sentinel, had this to tion available to consumers purchasing vehi- hicles, adjusting it from time to time to insure say about former Mayor Cecil Walt, ``He was cles for the families. proper inflation. a visionary, he was always putting things to- The rollover amendment I successfully This is life-saving technology and I am gether for the future.'' added to the bill in Committee tasks NHTSA heartened to see that this mandate for in-vehi- Cecil worked very hard to ensure that the with the duty to develop, as part of a rule- cle, tire pressure monitoring devices is now Grand Junction community was a better place making, a consumer information program that part of this legislation as it is considered today for all to live. He served his community, State, best disseminates the dynamic rollover test re- on the Floor.

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.026 pfrm04 PsN: E13PT1 October 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1779 In addition, the bill contains a third amend- tion. Lights on Afterschool will spotlight inno- Although it cannot replace a real prescrip- ment which I authored, the ``early warning'' vative and effective after school programs. tion drug benefit through Medicare, drug re- provision. For the first time, companies dealing Parents, community and business leaders, importation holds great promise for reducing with NHTSA will be on notice that they must elected officials, and the media will have an prescription drug costs. However, the Repub- report information bearing on public safety opportunity to see firsthand how after school lican reimportation provision is filled with loop- much earlier than they have in the past. In programs help our children discover the he- holes that will prevent seniors from seeing any particular, manufacturers will have to report in- roes within themselves! real savings. cidents involving fatalities or serious injuries Mr. Speaker, the Afterschool Alliance was launched September 1999 by U.S. Secretary The Republican proposal contains several alleged, or proven, to have been caused by a provisions that unnecessarily restrict the sup- possible defect. This provision applies both of Education, Richard Riley. It is a coalition of public, private, and nonprofit organizations ply of reimported prescription drugs and in- within the United States and in foreign coun- crease their cost. First, they limit the medi- tries where the product sold in that country is dedicated to raising awareness of the impor- tance of after school programs. The goals of cines eligible for reimportation and the number also sold in the United States. of countries from which they can be imported. Everything we have heard in the last four the project are to increase funding for after school programs and to ensure top quality re- Second, drug companies have the option of weeks indicates we desperately need this type refusing to allow reimporters to use FDA-ap- of provision. I have worked hard with the Re- sources for all participants in after school pro- grams. The alliance was created to facilitate proved labeling for their products. This allows publican majority to arrive at a workable and these companies to increase the price of re- effective provision and the legislation we bring public awareness and advocacy work. Its pri- mary purpose is to offer positive choices to imported drugs by charging outrageously high to the Floor now incorporates this important the children of our nation. prices for the use of the label. Third, this lan- safety improvement. After school programs provide safe, struc- guage does nothing to prevent pharmaceutical Finally, I believe we need to look at other tured, and supervised activities, utilizing the companies from discriminating against US provisions and other issues more closely as physical resources provided by our schools, consumers by forcing restrictive contract terms we proceed on this bill as well as other without taxing or overburdening the existing on foreign distributors. NHTSA-related bills in the future. For instance, educational system. Statistics indicate that 15 I believe Congress must ensure that NHTSA Finally, the Republican proposal is not per- million children are left unsupervised during manent. By allowing this legislation to sunset has sufficient financial and personnel re- non-school hours, and juvenile crime is three sources to fully gauge important safety issues after five years, the Republicans are giving times higher in the period after the school day pharmaceutical companies yet another oppor- as they materialize. In the case of the Fire- ends. The time spent in these after school stone/Ford fiasco the agency maintains it did tunity to kill prescription drug legislation that programs means less time spent unsuper- they do not like. not have sufficient information to trigger an in- vised, and more time spent challenging and vestigation sooner. Additional staffing and developing a child's mind. Students who par- The Democratic proposal provides seniors funding for NHTSA earlier may have helped ticipate in after school programs are only half with access to lower price drugs, subject to NHTSA notice a problem sooner and thus as less likely to use drugs, and a third as like- strict safety testing, without any of these harm- have saved lives. ly to become teen parents. The after school ful loopholes. Seniors deserve real prescrip- After all, protecting the public and making programs teach respect for others, and inte- tion drug savings, not another empty promise sure that the agency charged with automotive grate valuable social skills into lessons. After from Republicans. safety issues has the resources to do its job school programs now exist in thirty percent of is really where the ``rubber meets the road'' on K±8 schools. This is a tremendous beginning, f this policy issue and I hope that we can rectify yet it leaves over two-thirds of potential sites any deficiencies in such funding before Con- not used during this critical period of time. The TRIBUTE TO JACK KILBY gress adjourns this year. Afterschool Alliance wants to ensure all chil- I again want to commend Chairman BLILEY, dren will have access to these programs by Chairman TAUZIN, Chairman UPTON, Ranking the year 2010. HON. EDDIE BERNICE JOHNSON Member JOHN DINGELL, Representatives LU- Mr. Speaker, I urge my colleagues to join OF TEXAS THER, GREEN, and other colleagues who have me in commending the efforts of the After- worked very hard on this bill and yield back school Alliance and wish them success on IN THE HOUSE OF REPRESENTATIVES the balance of my time. their project, Lights on Afterschool. Thursday, October 12, 2000 f f Ms. EDDIE BERNICE JOHNSON of Texas. LIGHTS ON AFTERSCHOOL— IN SUPPORT OF THE DEMOCRATIC Mr. Speaker, I would like to congratulate Mr. PROJECT OF AFTERSCHOOL AL- PRESCRIPTION DRUG RE- Jack Kilby for winning the Nobel Prize for LIANCE IMPORTATION PROPOSAL physics this Tuesday. HON. TOM LANTOS HON. NANCY PELOSI Jack Kilby, at age 76, is a modest man who OF CALIFORNIA has not found himself wrapped up in today's OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES technological world. This modest man, who IN THE HOUSE OF REPRESENTATIVES began his journey in physics 42 years ago, Thursday, October 12, 2000 Thursday, October 12, 2000 probably had no reason to believe he would Ms. PELOSI. Mr. Speaker, prescription be in this position today. Under Mr. Kilby's Mr. LANTOS. Mr. Speaker, many times we medicines have become a vital part of our belt, he has 60 patents. He is also the co-in- hear, ``Our children get into trouble because health care system, and it is our responsibility ventor of the pocket calculator. their time is not occupied with worthwhile pur- to pass a meaningful prescription drug bene- His discoveryÐthe integrated circuitÐin suits.'' Today, I want to recognize a project fits through Medicare so that seniors will have September of 1958 at the headquarters of that has shown great success in dealing with access to the treatments that their doctors Texas Instruments Inc. in Dallas, Texas has that very problem. prescribe. Unfortunately, the drug reimporta- been placed into cell phones, digital music Mr. Speaker, I would like to inform to my tion language that the Republican leadership players, computer hard drives, and other var- colleagues about a project that helps bridge included in this bill falls far short of this impor- ious electronic devices, thus decreasing the the gap between childhood and the adult tant goal. cost of electronics. world. ``Lights on Afterschool'' is a project of Prices for the 50 most prescribed drugs for the Afterschool Alliance. It is a nationwide senior citizens have been going up, on aver- Mr. Kilby still resides in Dallas, Texas, a event, taking place today, October 12, 2000, age, at twice the rate of inflation over the past technology powerhouse that will forever be to recognize the critical importance of quality six years. As the price of prescription medi- linked to his success. This one man and his after school programs in the lives of children, cines has soared, our nation's elderly and dis- chip are the spark that made Texas Instru- their families, and their communities. The abled populations have found it harder and ments the giant company it is today. So, I project is sponsored by J.C. Penney Inc. and harder to afford the treatments that their doc- thank him and congratulate him for his the National Community Education Associa- tors prescribe. achievements.

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.029 pfrm04 PsN: E13PT1 E1780 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2000 MRS. DOROTHY M. MOODY SE- more extravagant than meaningful. Eric's deci- another very powerful story about Den- LECTED AS WOMAN OF THE sion to honor this occasion with simple dignity, mark’s leadership. One day, a Nazi officer YEAR FOR THE BOWDEN CHAP- remembering the suffering and hardships of came to King Christian X and told him that if any soldier were to put up the Danish flag TER OF BUSINESS AND PROFES- his own people and paying respect to those the next morning, he would be shot on the SIONAL WOMEN Danes who came to their rescue in a time of spot. The King replied that he would be that greatest need, was indeed a wise and noble soldier, and from that day on, the flag of HON. CIRO D. RODRIGUEZ choice, and it demonstrates extraordinary Denmark flew every day for the rest of the OF TEXAS character and maturity in one so young. war. We visited the Bispebjerg Hospital, where IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I commend Eric for the intel- ligent choices he has already made in his life, over 2,000 Jews passed en route to Sweden. Thursday, October 12, 2000 The head nurse told us that to hold the Jews for his dedication to genuine values, for his Mr. RODRIGUEZ. Mr. Speaker, today I rec- in the hospital secretly was tough. To start, wisdom in following in the footsteps of those they had to register the Jews under Chris- ognize Ms. Dorothy M. Moody, who recently who light a candle in the darkness of the received the Woman of the Year award from tian names. Next, they would make them world, and for his understanding and apprecia- look pale by putting powder on their faces the Bowden Chapter of Business and Profes- tion of true heroism. Mr. Speaker, I ask that and make them sick by drugging them. She sional Women. Her service to the community excerpts of Eric's moving description of his told us that doctors found out that there was and dedication makes this award appropriate. journey of discovery in the footsteps of Danish an informer, so they locked him up in the psychiatric ward. After the meeting we Ms. Moody attended St. Phillips College, a heroes be placed in the RECORD. Historically Black College, where she studied toured the hospital and the meaningful business and secretarial applications. These MY BAR MITZVAH IN DENMARK places there. skills led to a diverse range of jobs, from sec- (By Eric Karlan) As we reached one of the doors, the nurse told us a fascinating, scary story. Every door My family has always had a reputation for retary for the Afro-American Insurance Com- with a lock had 16 square panes of glass on doing unconventional things. When I re- pany to secretary for the San Antonio Inde- it. On each of the doors, one of the panes of ceived my Bar Mitzvah date at the age of 11, pendent School District, and today she is cur- glass was different because when the Nazis I was told that I wouldn’t be getting a big rently employed at the Emmanuel Baptist broke into the hospital, they punched party or presents like everyone else. My par- through the glass so they could stick their Church. Ms. Moody has exhibited leadership ents said I would be able to pick a meaning- hand through and unlock the door. and faithfulness in personal development ful place to visit, and select a charity for any through the college Bible courses she teaches Finally, we reached an office where the Bar Mitzvah money I might receive. I wanted chief surgeon used to work. The office was on at the church. to choose a place that would give me a the third floor of the building where we were In her position as chair of the Annual Wom- unique Bar Mitzvah experience. told that when one of the doctors tried to es- an's Day Observance, Ms. Moody exceeded I read a book called Number the Stars, by cape out the window, he was shot and fell to her financial goals and suggested that the sur- Lois Lowry. I learned that the Danish people his death. After thanking the nurse, we plus be donated to the BBJ Memorial Founda- saved all but 116 of the approximately 8,000 asked where we could find out even more in- tion Inc. Compassion, goal-oriented and gen- Jews in Denmark by helping them escape to formation and we were directed straight to neutral Sweden during the Holocaust. This the hospital chapel. erous are standards that Ms. Moody sets for book was instantly a favorite of mine. It was anyone to follow. With the gifts that she has At the chapel, we met with one of the peo- then that I decided for my Bar Mitzvah I was ple who worked there. He told us how Jews received, she continues to dedicate a part of going to research this story, and Denmark escaped out of the hospital and on to the her life to education by helping a student at- would be the destination for my trip. next part of the Rescue Route. He said they tend St. Phillips College. Through hard work My parents gave me the opportunity to would have fake funeral processions and and dedication she strives to help others work with a modern orthodox Rabbi, David Jews were transported out of the chapel reach their dreams of a college education. Kalb. Instead of studying the Torah portion right under the Nazis’ noses. Before leaving I join the members of the Bowden Chapter that was near my birthday date, Rabbi Kalb the hospital’s premises, we learned about helped me select a portion that was related some underground tunnels that the doctors of Business and Professional Women in rec- to my trip. For our explanatory style serv- ognizing Ms. Moody as Woman of the Year. now use for work. During the war though ice, I chose Beshallach, the story of the Part- they made great hiding places. f ing of the Red Sea. We picked this story be- After this, we went to the Grundtvig cause it was uplifting, involved hope, and Church of the Lutheran Church of Denmark. ERIC KARLAN PAYS TRIBUTE TO most importantly dealt with the liberation DANISH HOLOCAUST RESCUERS When the Jews were in need, Grundtvig and freedom of the Jewish people. I con- Church played a key role in helping them. FOR HIS BAR MITZVAH nected this to the story of the Danish Resist- When the Nazis declared martial law, the ance and how they brought the Jews from bishop of the church explained the situation, HON. TOM LANTOS the clutches of the Nazis into freedom. Both almost all Christians agreed to help the OF CALIFORNIA of those stories shared positive and miracu- Jews. They helped hide the Jews in their lous attributes. And both stories shared the IN THE HOUSE OF REPRESENTATIVES homes and the church, and during the two- water as the avenue to freedom. In the year period in which the Jews were in Swe- Thursday, October 12, 2000 Midrash, Shemot Rabah, there is a story den, Grundtvig Church hid Torah scrolls and Mr. LANTOS. Mr. Speaker, I would like to about how the Red Sea did not part until other Jewish family valuables. After leaving bring to the attention of our colleagues an out- Nachshon Ben Aminadav, walked neck deep the Grundtvig Church, we made our way to into the water. This makes a major state- the beautiful Church of Denmark. This standing young manÐ14 year old Eric Karlan, ment that no one can expect miracles to hap- who in his short life has already made impor- church also played a key role in helping the pen unless someone takes the first step. The Jewish people. During the occupation, this tant decisions that can serve as a model for Danish people took the first step and a mir- church’s bishop played Hatikvah, now known others to follow. His outstanding academic acle occurred; all the Danish Jews were as Israel’s national anthem, on the church record, his musical gifts, his athletic prowess, transported to Sweden secretly within a bells. Like Grundtvig, the Church of Den- his social activism, and the leadership roles he matter of days. In fact, there is a Disney mark hid Jews, Torah scrolls and other Jew- fulfills are by themselves exceptional achieve- movie called ‘‘Miracle at Midnight’’ that ish valuables. ments for a 14 year old. tells the story. We had to start early Thursday morning But what impresses me most about Eric, Mr. Together, the Rabbi and I retraced the for the long 30-mile car ride up the coast to Rescue Route and learned more and more Speaker, is his willingness to acknowledge visit all the fishing ports where the Jews es- about the Exodus of the Danish Jews going caped. The first fishing port we came to was and honor what is best in the history of hu- to Sweden and what risks were taken. We Niva, a port where a large number of Jews manity and to demonstrate his appreciation for also learned how leadership can have such a were sent. To get to Niva, the Jews had to what is a truly heroic legacy. I am referring to huge impact on the people. King Christian X take trains where they had to sit in the same Eric's decision to celebrate his coming to man- and the Danish Bishop played an important cars as Nazis without them knowing. When hood through the Bar Mitzvah ritual by going role, setting a superb example for the Danes they reached the port, they were held in a to Denmark to visit important historic sites as and leading them to do the right thing when large tile factory where they were hidden or an expression of his gratitude to the Danish they were surrounded by evil. acted as workers. At night, there was, and We arrived early on a Wednesday morning people for rescuing almost the entire Jewish still is, a tile path that leads from the fac- in Denmark and immediately started to tory to the port itself that the Jews followed community of Denmark from extermination by learn new things about the Danish experi- to get to the boats safely. the Nazis during World War Two. ence during the Holocaust. As we were tell- Next up the coast was Sletten, where Swe- Mr. Speaker, Bar Mitzvah celebrations have ing the driver on our way to the hotel about den is never farther than two to four miles too often become showpieces of affluence, what we were doing in Denmark, he told us away. After that was Snekkersten, a port

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.031 pfrm04 PsN: E13PT1 October 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1781 that had the second most Jews depart from. Another man from New York named Ga- up our conversation with Irene, said good Here we had a quick memorial service in briel Erem, owner of the magazine Life- night to the Rabbi and his wife, and headed honor of H.C. Thomsen, an owner of an inn styles, was already there and wanted to stay back to the hotel after a perfect ending to a who hid Jews. He was caught and executed at to hear about my experience. Gabriel had great Bar Mitzvah day. Imagine celebrating a concentration camp, so in his memory and heard about my story and seemed very inter- your Bar Mitzvah one morning in a World in memory of those like him, we held the ested. We sat down in the office and I started War II Resistance memorial park and ending memorial service in front of a rock, which to explain everything that had led up to the the day with actual survivors that eluded was marked with a plaque honoring him and trip and how it had been going so far. We re- Nazi death. surrounded by flowers. traced the Rescue Route on the maps the I can’t speak for other countries, but I We continued up the coast to pass or stop Ambassador had up in his office and told al- know in America the schools only teach the at more small fishing ports like Elsinore and most all the stories we learned. Questions negative and scary things about the Holo- Hornbaeck. As we drove up the coastline, were exchanged from both sides about the caust. Even though that was really what Sweden was never out of sight. You can only Bar Mitzvah. A while later it was time to go, most of the Holocaust was, the Denmark imagine how frustrating that was for the but not before we got one more surprise. The story should be taught everywhere as well. It Danish Jews to have freedom less than five Ambassador had extra tickets to the Danish is positive and uplifting, gives hope and sets miles away, yet you could die from hypo- premiere of ‘‘The Last Days,’’ a documentary the example for remarkable leadership, thermia just by trying to swim across the film made by Steven Spielberg about five brotherhood, and respect for humanity. The water. Finally, at the tip of the coast, we survivors of the Holocaust. Danes should be admired for their gallantry reached Gilleleje, the site where the most The Grand Theater was busy with people and I am glad I did what I did for my Bar Jews left and where the most Jews were coming to see the premiere. We started to Mitzvah. caught. We visited a small church where talk to the people in front of us and soon f more than half the captured Jews in all of found out that when they were three and Denmark were caught. The church hid 80 four, they were two of the Jews who were HONORING AHMAD ALAADEEN Jews in the attic, when an informer tipped taken by boat to Sweden. A few minutes off the Nazis and 79 were caught and sent to later, the Ambassador entered and went up the concentration camp at Theresienstadt. to the podium to make his opening speech. HON. KAREN McCARTHY From Gilleleje we returned to Copenhagen He mentioned lots of important people, the OF MISSOURI where a recently completed ten-mile bridge survivors that were present that night, his IN THE HOUSE OF REPRESENTATIVES goes across the water to Sweden. We decided co-workers, his wife and in-laws, etc. And Thursday, October 12, 2000 that touching Swedish soil would be a sym- then near the end of the speech, he spoke bolic end to the morning since that is where about my story and me. As soon as he fin- Ms. MCCARTHY of Missouri. Mr. Speaker, I the Jews escaped to from the fishing ports. ished my story, he introduced me and had rise today to recognize the Missouri Human- We crossed the bridge by car, got our pass- me stand up in front of all the people. That ities Council's selection of the recipients for ports stamped, and returned to the hotel. made my night! Soon after the moment of the 2000 Governor's Humanities Awards. Mr. We awoke to a gorgeous Friday morning, glory, the documentary began. Ahmad Alaadeen, a prominent recording artist the day of my Bar Mitzvah. I was very ex- The documentary was very impressive and cited and eager to start the service. The de- in my district, is the recipient of the Commu- moving. After it ended, the survivors all nity Heritage Award for his dedication to his cision for where my Bar Mitzvah would be went up to the podium and made a little held was made a few days before. It would be speech. As we stood up to leave, Renee Fire- Kansas City Jazz heritage. in Mindelunden, a memorial park right out- stone, one of the four survivors present that Since 1917, Kansas City musicians have side the city where 106 Resistance members night came up to wish me ‘‘Mazel Tav.’’ fostered and developed the well known were killed. It was hard to believe that bru- After meeting her, a man came up to intro- sounds of blues, bebop and swing. Ahmad tal executions had ever happened at such a duce himself to me. He was not one of the Alaadeen was born in 1934 and raised in the beautiful place. As we walked in, there was a survivors, but a student in Copenhagen at historic 18th and Vine Music District. In his long wall of plaques with all the people’s the time of the war who rowed Jews to Swe- names that had been killed, with a little in- youth he cultivated a love for the music that den in October of 1943. His name was Munch resinated from the Mutual Musicians Founda- formation about them. Nielsen, and I didn’t realize I already knew Farther on, we found the graveyard. It was tion. The distinctive sounds of Jazz Masters about him till my Rabbi told me so. In some an unbelievable site. There was a magnifi- of our notes, we had quotes from him. This like Charlie Parker, Count Basie and Jay cent statue near the back with a Resistor McShann became part of the persona of holding up one of his fallen comrades. In was very cool. Following that, we met up with Gabriel Erem, who introduced us to Alaadeen's saxophone playing. front of the statue were 106 graves, each with The music industry has recognized Mr. a marble plaque on top identifying the per- Congressman Tom Lantos, the Ambassador’s son and their life span. One of the graves is father-in-law, and another one of the sur- Alaadeen for his award winning compositions now covered in heather because later that vivors in the movie. After a quick chat, we and fellow musicians have christened him man was identified as a traitor. We had a all went to the reception. ``Professor.'' Many refer to him as the reigning The first thing I wanted to do was go over memorial service for all the fallen resistors master of Kansas City music. In the 1970's he and thank the Ambassador for making my at the site. became aware that Kansas City Jazz was be- Past the graveyard we found the execution Bar Mitzvah day the best. I went over to him and his whole expression changed. A nice coming stagnant. In an effort to revitalize and pit. In the pit were three stakes and a perpetuate the sound of Kansas City jazz he plaque. This was a very scary sight and only smile came over his face and he told me to my mom and my brother went past the follow him because there were some people developed a mentor program. The program plaque to touch the stakes. We still hadn’t he wanted me to meet. First he introduced provides apprentice musicians the opportunity done the Bar Mitzvah service and the deci- me to the Israeli Ambassador in Copenhagen. to perform with his band as paid professionals sion of where it should be held was still un- The next person I met was his mother-in-law while developing their own unique style. He decided. Mrs. Annette Lantos. She was also a survivor encourages local and visiting jazz masters to of the Holocaust, but she was not in the doc- While walking back from the execution do the same. One of his goals is to develop pit, we passed an open field with a tree near umentary. She was very sweet and made a the side. Since the tree was approximately big fuss over what I was doing. an individual into a musician as opposed to a halfway between the pit and the graveyard, Then the Ambassador introduced me to programmed performer. Young musicians who the choice was made that the Bar Mitzvah Irene Weisberg-Zisblatt. As soon as she saw are exposed to his talents gain an intense un- would be under the tree. The service lasted me, she smiled and said, ‘‘It is such an honor derstanding of jazz. His work is paying divi- about fifteen minutes and included my Torah to meet you.’’ I responded the same way and dends in the development of talented musi- portion, some prayers, texts that Rabbi Kalb we both laughed. Out of everyone, she was cians like Logan Richardson, Tim Whitmer, (who had a Notre Dame hat on) personally the coolest and the most interested in my story. Around her neck were diamonds in the Gerald Dunn and Charles Perkins. selected, and the Israeli national anthem Mr. Alaadeen developed an historical docu- ‘‘Hatikvah.’’ It was a wonderful service and shape of a teardrop. In the movie, she said ended with the Rabbi picking me up on his that those diamonds were from her mother mentary of video and audio recordings to shoulders and dancing around. and anytime the Nazis went to check if any share the story of the originators and con- Our congressman, Jim Maloney, had ar- of the prisoners had anything, she would tinuing evolution of Kansas City Jazz. The first ranged a meeting for us with the United swallow them, and then when she went to audio release, ``Tradn' 4's,'' featured the origi- States Ambassador to Denmark to discuss the bathroom, she would fish them back out, nators of the Kansas City style with music my Bar Mitzvah experience. After passing clean them off in the mud and swallow them from many of the pioneers of jazz including through the gates of the embassy and get- again. And now, they were around her neck Henry Hoard, Wallace Jones, Pearl Thuston. ting our passports checked, we were finally in real life, which was very hard to believe. greeted and led up to the Ambassador’s of- Irene, the Rabbi and his wife, my family and ``On the Cusp,'' was the first video produced fice. The Ambassador’s name is Richard myself all talked for the longest time. by Alaadeen Enterprises Inc. and focused on Swett. We found out later that his in-laws People started to leave and my exciting his generation, known as the transition gen- were survivors of the Holocaust. day started to come to a close. We wrapped eration. The video showcases the generation

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K12OC8.012 pfrm04 PsN: E13PT1 E1782 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2000 who mastered the jazz sound by learning the cause similar stories had surfaced in the news come together through a qualified association trade orally. The video features the music and December 1997. of officers to apply for these grants. This provi- style of Luqman Hamza, the late Frank Smith, Although there is a no single solution to the sion benefits officers who are required to pur- Sonny Kenner, Russ Long and Ahmad national epidemic of underage drinking, the bill chase their own weapons. The program would Alaadeen. that I introduced in the first session of the last 3 years and provides $50 million each Mr. Alaadeen is the present Chairman of the 106th Congress, H.R. 2161 would close some year to 50 grantees. A study would then as- Mutual Musicians Foundation. The Foundation of the gaping loopholes I call ``cyberbooze for sess the impact of purchasing weapons from is known for its commitment to the promotion minors'' that now make it possible for teens responsible manufacturers on gun-related and development of Kansas City Jazz. Music and young adults to easily obtain alcohol over crime and accidents. enthusiast love the late night jam sessions the Internet. H.R. 2161, the Prohibition Against This Congress has refused to take action on that swing with today's jazz masters. Musi- Alcohol Traffic to Minors will curb underage any meaningful gun safety proposal. Perhaps cians like Jay McShann, Claude ``Fiddler'' Wil- drinking by prohibiting ``direct shipment'' of al- the reason for their inaction can be best ex- liams and Pat Metheny are favorite sons in cohol to persons under a State's legal drinking plained by the overpowering influence of the Kansas City. Mr. Alaadeen's concerts provide age. gun lobby. Our job in Congress is to promote an educational musical experience that fosters I want to urge my colleagues to support H. responsibility, ensure safety, and educate the appreciation and enlightens the listener. Res. 575 because it recognizes the powerful American people when it comes to owning, Inscribed on the wall of the Kansas City potential and inherent danger that the Internet selling, and manufacturing firearms. It is time High School for the Arts is a quotation from offers our children. I hope that my colleagues for children and families to once again feel Mr. Alaadeen. It reads, ``Jazz does not belong will also join me in putting an end to easy al- safe in our schools, our homes, and our to one race or culture, but is a gift America cohol access on the Internet by supporting neighborhoods. It is time for our workforce to has given the world.'' H.R. 2161. once again feel safe at work or during their Mr. Speaker, please join me in recognizing f commute home. the man who has revitalized our music com- f munity and introduced a new generation to the SAFER GUNS FOR SAFER sweet sounds of Kansas City Jazz. The great COMMUNITIES ACT JOHN WILLIAM AND ASHLEY state of Missouri understands the importance DANIELLI CARPENTER of his humanitarian efforts and distinguishes HON. ELLEN O. TAUSCHER his effort by presenting him with the Gov- OF CALIFORNIA HON. GEORGE RADANOVICH ernor's 2000 Community Heritage Award. IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA f Thursday, October 12, 2000 IN THE HOUSE OF REPRESENTATIVES SUPPORTING INTERNET SAFETY Mrs. TAUSCHER. Mr. Speaker, today I Thursday, October 12, 2000 AWARENESS have introduced the Safer Guns for Safer Mr. RADANOVICH. Mr. Speaker, I rise Communities Act along with my colleague today to submit into the RECORD the words of SPEECH OF CAROLYN MCCARTHY. the father of John William and Ashley Danielle HON. JUANITA MILLENDER-McDONALD This bill takes a commonsense approach to Carpenter, two innocent children murdered in OF CALIFORNIA gun safety by encouraging gun manufacturers their home in Merced, California. These words IN THE HOUSE OF REPRESENTATIVES to engage in better and safer business prac- were composed and read at the funeral of the tices. The Safer Guns for Safer Communities Tuesday, October 10, 2000 children. Act is modeled after the historic Smith & Mr. Speaker, I submit this statement to Ms. MILLENDER-MCDONALD. Mr. Speaker, Wesson Agreement. share with my colleagues the grief of a father I rise today in support of H. Res. 575. This Earlier this year, the U.S. Department of and his plea for a change in the hearts of a resolution urges Americans to recognize and Housing and Urban Development and several humanity that can allow such an atrocity. support educational programs that make surf- local government entities entered into an While I can not know the impact on the family ing the Internet safe and fun for children. It agreement with Smith & Wesson to manufac- and friends of the Carpenters, I surely can supports initiatives to educate parents, chil- ture and distribute safer guns. The agreement sympathize with their pain and share their dren, educators and community leaders about was revolutionary in nature, but commonsense grief, with the hope and prayer of preventing the enormous possibilities and potential dan- in approach. It includes many items that Con- just one act of violence, one time somewhere gers of the Internet, applauds the work of law gress has debated at one point or another: in this world. enforcement officers to make the Internet safe child safety locks, high capacity ammunition Today we stand here grieving the loss of for children, and urges all Americans to be- clips, and ``smart'' gun technology. The Agree- John William and Ashley Danielle Carpenter come informed about the Internet and support ment also requires that firearms include addi- and somewhere a mother grieves the loss of efforts that will provide Internet safety for chil- tional safety features such as chamber load her son, who has done these hideous crimes. dren and for future generations. indicators and a hidden serial number which But what saddens me is that the law says we The Internet is a wonderful tool for edu- will help convict criminals using them. Since know what took place so it’s time to close cating our children and has been instrumental the Smith & Wesson Agreement was an- the book. But I challenge you, as the father in driving the growth of our economy. But un- nounced in March, nearly 600 police depart- of the deceased children that this case is far from over. Because while we sit here mourn- fortunately tools can be misused. Today an ments and community leaders have pledged ing the loss of our loved ones, the real killer estimated 10 million American children have to only buy firearms that meet minimal safety is still loose. I believe the real killer is the unfettered access to the InternetÐa 444 per- standards. dealer who supplied the drugs to the mur- cent increase from 1995. What is alarming is We must remember that gun safety reform derer of my children. I trust and believe that as the new millennium has begun more is not taking guns away from law abiding citi- that. I sure hope that I can’t take this a step and more children will have access to the zens who are legitimate gun owners. Instead, further and say it’s ‘‘big business’’ that did Internet and in turn, easy access to alcohol. it is about the little girl in Michigan who was this to my children, with mine and your tax Just before Memorial Day, I participated in shot by her 6-year-old classmate. It is about dollars. When I say big business, I mean the White House, excuse my lack of a better a news report concerning ease with which our the 13 children killed by their peers at Col- word, to the Outhouse. We need to wake and youngest constituents can obtain alcohol umbine High School over a year ago. And it wonder, why are they trying to take our only through the Internet. On the videotape I wit- is about Antioch's Larry Kiepert who was shot protection, our handgun, instead of going nessed two fifteen-year-old children using their by his neighbor. after the dealers that supply these drugs. It home computers to access the world-wide To create an incentive for more manufactur- makes me wonder about their motives. There web and order alcohol on the net. And in a ers to adopt these safety measures, The Safer was a gun in my home, but because of the few short days this alcohol was delivered to Guns for Safer Communities Act provides law and what could happen to me, I had it their front door by a national mail carrier who grants to law enforcement agencies who pur- put away in supposedly a safe place. I guess I did, because my 14-year-old daughter and did not ask for identification when the two fif- chase their weapons from manufacturers who 13-year-old daughter couldn’t get to it and teen-year-old children signed for the boxes agree to adhere to the better business prac- neither did the murderer. The only thing I containing wine and a bottle of Absolut. Last tices similar to the ones in the Agreement. In forgot to put a lock on was my pitchfork. year, I testified before the Senate Judiciary addition, law enforcement officers who must How long are we, the people going to believe Committee on my concern for this issue be- purchase their own weapons would be able to the lies of the politicians and get back to the

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.033 pfrm04 PsN: E13PT1 October 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1783 root of the problems? We need to change the HONORING THE LATE OSCAR at weddings, clubs and traditional community hearts of men, to start loving their neigh- MAUZY settings. Following his father's example he de- bors and the neighbor’s children as them- veloped creatively and incorporated a wider selves. What’s sad is, it doesn’t cost one red audience. In 1958, at the age of 17, with his cent. In fact it will save us money. My plea HON. EDDIE BERNICE JOHNSON to you people today, is put all politics and OF TEXAS brother he recorded El Principe y el Rey del religions aside and start living life like my IN THE HOUSE OF REPRESENTATIVES Acordeon. Since then, he has made 60 re- cordings of more than 700 pieces of music on little daughter Ashley did, by laying down Thursday, October 12, 2000 her life for her sisters. It might cost you several different labels. your life, but that should be easy to do, you Ms. EDDIE BERNICE JOHNSON of Texas. He started Chief Records, his own label, in already have an example in my daughter. Do Mr. Speaker, today I pay tribute to former order to give younger musicians the oppor- whatever it takes to protect your family and Texas State Senator and Supreme Court Jus- tunity to have their music heard. He works to friends. I know the only way she knew to do tice Oscar Mauzy. He passed away on Tues- help others in an industry that he has experi- that was by example, starting with her love day, October 10, at the age of 73. enced barriers to entry. Mr. Jimenez has for Jesus, she learned at Sunday school. The Justice Mauzy was my immediate prede- toured throughout the US, Europe and South next example was her mom and dad, who led cessor in the Texas Senate from Senate Dis- America to bring the world of conjunto music her and were there for her, instead of chasing their desires. Because with me and my wife, trict 23. He represented this District from 1967 to millions. we were raised and taught the same way, I until his election to the State Supreme Court I join the City of San Antonio and the Na- wouldn’t trade it for anything, because if I in 1986. During his service in the legislature, tional Endowment for the Arts in recognizing did, I wouldn’t be here feeling like the proud Senator Mauzy served as the chairman of the Santiago Jimenez on his accomplishment as a father that I am, of all my children. I know Senate Education Committee, where he led recipient of the National Heritage Fellowship without a shadow of doubt where my chil- efforts to improve education and to secure award. dren are today, and only God knows where greater funding for education in poorer school f the murderer is. Please remember if you districts. A labor lawyer by training, Senator don’t do as Ashley lived and did in her ac- Mauzy was also active in the areas of judicial TRIBUTE TO MARGARET TOWSON tions you might never see them again, and it reform, consumer protection, and workers' hurts me to know that for you, their little lives might be in vain. I just want to say compensation. Later in his legislative career, HON. KAREN McCARTHY that for me, John William and Ashley Senator Mauzy served as Chairman of the Ju- OF MISSOURI Danielle Carpenter’s lives weren’t in vain. I risprudence Committee, where he authored IN THE HOUSE OF REPRESENTATIVES will always keep you close to my heart John legislation to make jury selection uniform Thursday, October 12, 2000 and Ashley in this life, but I guarantee you, throughout the state and finally allow women I’ll see you in heaven. Love you always and to serve as jurors. Mrs. MCCARTHY of Missouri. Mr. Speaker, forever. Your Daddy & Buddy. Justice Mauzy's dedication to education for I rise today to honor an exceptional individual our children continued during his six-year term and friend to the State of Missouri. This year, f in the Texas Supreme Court. He was the driv- after 56 years of service to the citizens of Mis- ing force behind a 9±0 decision that declared souri, Margaret Towson will celebrate her re- CELEBRATING HENRY BERMAN’S the state's school funding system inequitable. tirement from her historic post at the Missouri 90TH BIRTHDAY That decision led to enactment of a law to re- State Senate in Jefferson City, Missouri. quire wealthier school districts to share funds Margaret Towson started in the Secretary of with lower-income districts. the Senate Office in 1949. During her tenure HON. NANCY PELOSI I am deeply saddened that Texas has lost she witnessed twenty-six General Assemblies a public servant who dedicated more than a for the equivalent of almost fifty-two years. OF CALIFORNIA quarter century in service to his fellow Texans. She then served as the distinguished Assist- IN THE HOUSE OF REPRESENTATIVES I ask the House to join me in remembrance of ant Secretary of the Senate, whose duties, in Justice Mauzy, a true champion for working addition to functioning as secretary and recep- Thursday, October 12, 2000 men and women and schoolchildren in my tionist, included tallying and filing roll calls, maintaining good public relations with legisla- Ms. PELOSI. Mr. Speaker, ten years ago, I state. f tors and lobbyists, remaining in the office each had the privilege of standing on this floor to day until adjournment, and addressing any wish my dear friend, Henry Berman, a happy SANTIAGO JIMENEZ RECEIVES challenge or task which required her assist- birthday. It is with great pleasure that I rise PRESTIGIOUS MUSICIAN AWARD ance. today, on the occasion of his 90th birthday, to As a lifelong member of the Cole County pay tribute again to this wonderful San Fran- Democrats and the Cole County Democratic ciscan. HON. CIRO D. RODRIGUEZ OF TEXAS Women's Club, Margaret Towson is widely Henry Berman continues to be a leader in IN THE HOUSE OF REPRESENTATIVES recognized as an outstanding civic minded in- San Francisco. He serves with distinction on dividual who has consistently committed her the San Francisco Airport Commission and is Thursday, October 12, 2000 time and energy to promote civic involvement. the former chair of the San Francisco Fire Mr. RODRIGUEZ. Mr. Speaker, today I rec- One of Margaret's greatest moments came Commission. He serves on the Executive ognize Santiago Jimenez of San Antonio, when her efforts were recognized by President Committee of the Anti-Defamation League and Texas, who is being recognized for his accom- Harry S Truman, a man she greatly admired on the Board of Directors of the Northern Cali- plishments as a singer and accordion player and affectionately referred to as ``Cousin fornia American Israel Political Affairs Com- by the National Endowment for the Arts. The Harry.'' mittee. Henry continues his work with Glide National Heritage Fellowship is an award Margaret Towson's kind, dedicated spirit is Methodist Church on the annual fundraising given to a select group of people, reflecting celebrated, admired, and respected in Jeffer- event he helped to create, and he sits on the the diverse heritage and cultural tradition that son City and throughout the State of Missouri. Board of Directors of the Fromm Institute for have become a part of our society. She will be missed not only for her profes- Lifelong Learning. Local artists are nominated by a member of sional excellence, but also for her personally the community, in recognition of the artist's ex- endearing qualities and delectable apple pies Henry Berman, however, is more than the cellence in a particular area. Each year only a that were savored by the many people she sum of his affiliations. He is an extraordinary select group of these artists are honored. The met and worked with. Margaret's retirement man whose energy and enthusiasm for life are National Endowment for the Arts has awarded marks the end of a historic era in the Missouri contagious. His commitment to the poor, the only slightly more than 222 National Heritage State Senate. She is looking forward to spend- marginalized, and those in great need is an in- Awards. ing more quality time with her children, grand- spiration to us all, and I am honored to count Mr. Jimenez plays a style of music known children, and great-grandson. Margaret Tow- him among my firiends. as conjunto, which has both German and son has left a lasting impression upon her I join his wife, Sally, his sons, Ronald and Mexican roots. His music interest began when peers and friends that will not be forgotten. Robert, and all of his family and friends in his father would take him to hear German It is with deep gratitude and honor that I wishing Henry a happy 90th birthday. Con- polka bands in New Braunfels, Texas. At the recognize Margaret Towson for over a half a gratulations, Henry. age of 15, he began performing professionally century of friendship and service to the State

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.036 pfrm04 PsN: E13PT1 E1784 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2000 of Missouri. Her devotion is an example to us WAIVING POINTS OF ORDER CONFERENCE REPORT ON H.R. 4205, all. AGAINST CONFERENCE REPORT FLOYD D. SPENCE NATIONAL DE- Mr. Speaker, please join me and the Mis- ON H.R. 4461, AGRICULTURE, FENSE AUTHORIZATION ACT FOR souri Ninetieth General Assembly in congratu- RURAL DEVELOPMENT, FOOD FISCAL YEAR 2001 lating Margaret Towson on her outstanding AND DRUG ADMINISTRATION, service to the people of Missouri. AND RELATED AGENCIES APPRO- PRIATIONS ACT, 2001 SPEECH OF f HON. BOB STUMP SPEECH OF LUPUS RESEARCH AND CARE OF ARIZONA AMENDMENTS OF 2000 HON. TOM DeLAY IN THE HOUSE OF REPRESENTATIVES OF TEXAS Wednesday, October 11, 2000 SPEECH OF IN THE HOUSE OF REPRESENTATIVES Mr. STUMP. Mr. Speaker, I rise in strong HON. JUANITA MILLENDER-McDONALD Wednesday, October 11, 2000 support of the conference report for the FY01 OF CALIFORNIA National Defense Authorization Act named for Mr. DELAY. Mr. Speaker, I rise to address my distinguished colleague and Chairman of IN THE HOUSE OF REPRESENTATIVES a provision in the FY01 Agriculture Appropria- the Armed Services Committee, FLOYD D. Tuesday, October 10, 2000 tions Conference Report that is not only dis- SPENCE. Chairman SPENCE has been a great turbing, but highly objectionable on legal advocate of our nation's military and has Ms. MILLENDER-MCDONALD. Mr. Speaker, grounds. This provision was subject to abso- worked tirelessly to rebuild a military weak- I rise today to offer my strong and heartfelt lutely no deliberative thought. In fact, the ened by years of cuts in the defense budget. support for the Lupus Research and Care Chairmen of the House and Senate Judiciary Under his leadership we have increased the Amendments Act, which was introduced by Committee raised serious constitutional and Department of Defense's budget $60 billion our hardworking and dedicated colleague, legal concerns about it. The Chamber of Com- over the past five years of Clinton-Gore ad- Congresswoman CARRIE MEEK. She has been merce and the National Association of Manu- ministration cuts. a tireless advocate for this issue for years. As facturers decried it. I am referring to section This bill makes significant progress in keep- the Co-Vice Chair of the Women's Caucus, I 745 of the bill. It states, ``No manufacturer of am a proud co-sponsor of this legislation, as ing faith with the greatest generation by restor- a covered product may enter into a contract or ing the promise of lifetime health care to are 45 Women Caucus members. This legisla- agreement that includes a provision to prevent tion is the perfect illustration of a bipartisan ef- America's military retirees and their families. the sale or distribution of covered products im- Congressman BUYER's efforts to address a fi- fort to address a painful, debilitating disease ported pursuant to subsection (a).'' that affects women nine times more often than nancial challenge resulted in taking retiree men, and African American women three Besides the fact that this provision baldly health care out of the defense budget and set- times more often than white women. impedes the right of businesses to conduct af- ting up a long-term funding plan to ensure that fairs in the manner they so choose, what is our nation's military retirees will have access It is estimated that between 1.4 million and perhaps most troubling about this provision, to the medical care that they have deservedly 2 million Americans have been diagnosed with which restricts freedom of contract and clearly earned. this disease and that many more have infringes on intellectual property and other The defense authorization act also provides undiagnosed cases. This serious, complex, in- constitutional rights, is that it was added to the flammatory autoimmune disease can simulta- active duty service members a new oppor- Conference Report in the dark of night. This tunity to convert their Post-Vietnam Era Vet- neously affect various parts of the body, in- provision was not contained in either of the cluding the skin, joints, kidneys and brain. It erans Educational Assistance Program underlying House or Senate Agriculture Appro- (VEAP) benefits to the Montgomery GI Bill if can be difficult to diagnose this disease be- priations billsÐor any other bill for that matter. cause its symptoms are similar to those of they declined to do so before or withdraw all Moreover, the provision was never the subject many other diseases and many people suf- funds from their VEAP accounts. The bill also of any committee hearings or other public de- fering the signs of its onset have never heard builds upon the concurrent receipt initiative liberation by the Congress. of lupus, nor understand how to respond to provided in last year's defense bill. Beginning these symptoms. While it will slip past Members today be- in fiscal year 2002, those service-members cause it is buried deep in an important appro- The Lupus Research and Care Amend- who are medically retired and rated at least priations bill that, among other things, provides ments Act authorizes funding to expand and 70% disabled by VA will be eligible for addi- intensify research on lupus at the National In- billions of dollars in drought relief to American tional special monthly compensation of up to stitutes of Health, including basic research on farmers, I take small comfort in knowing that $300. the causes of lupus; research to determine this provision will not slip past the Courts and Mr. Speaker, I regret that my colleague from why the disease is more prevalent in women will not survive judicial review. Virginia, Readiness Subcommittee Chairman and particularly African-American women; re- Until that time, let us at least realize that Herb Bateman passed away before seeing search on improving diagnostic techniques; this ill-advised provision requires narrow inter- this bill signed into law. Throughout the meas- and research to develop and evaluate new pretation, not only because of the stealth with ure are marks of his efforts to ensure that our treatments. This bill also requires the Health which it was included, but because an inap- defenders of freedom are battle ready and and Human Services department to establish propriately broad reading would raise very se- have the tools and resources they need. I also a grant program to deliver services to those rious questions with respect to conflicts with wish to thank the retiring Members of the afflicted with lupus and their families. The pro- US patent and trade laws. To avoidÐor at panel who have worked tirelessly to rebuild gram would provide grants to state and local least minimizeÐsuch conflicts, the only inter- our nation's military. Your support for our men governments, nonprofit hospitals, community pretation of this provision (which replaced a and women in uniform has not gone unno- based organizations and community or mi- broader proposed provision that the Con- ticed. grant health centers to provide services for di- ference Committee rejected) is that it is strictly While we have successfully increased fund- agnosing and managing lupus. limited to contacts or agreement involving drug ing in critical modernization programs, we I urge my colleagues to follow the women of reimports, and also containing explicit contrac- have a long way to go. Following the ``lost the House, and pass this legislation to help tual provisions to this purpose and effect. decade'' of defense in the 1990s, America's countless women and families. This legislation Make no mistakeÐthis provision is horrid. military must be reshaped to meet the chal- will spur unprecedented yet direly needed re- That's what you get when you have a flawed lenges of the post-Cold War world. Starting search on how this disease affects women processÐyou get flawed policy. It profoundly immediately, the United States must commit and on what the best treatments are to cure affects both intellectual property rights and the resources necessary to improve current this disease. Lupus can be fatal if not detected constitutional rights. It has no place in this bill military capabilities and prepare our forces to and treated early, but with this research and and I am deeply disappointed the Conference face the threats of the coming decades. Any- proper delivery of services, we can not only Committee allowed such a provision to be in- thing less jeopardizes the military's readiness enhance people's lives, but save them as well. cluded in this bill. and America's place in the world.

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.040 pfrm04 PsN: E13PT1 October 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1785 HONORING NEW HOPE BAPTIST Born in Boston, Betsy Crowder's love and than 15,000 Polish Army officers were placed CHURCHs appreciation for the environment developed in detention, then taken in small groups, told early on when her parents would take their they would be freed and then were gunned HON. NICK LAMPSON four daughters on camping trips in Canada down in the Soviet Union's Katyn Forest. In OF TEXAS during the summer. She met her late husband 1943, the German Army discovered the mass IN THE HOUSE OF REPRESENTATIVES Dwight in 1949, when they were both mem- graves, which the Russians tried to blame on Thursday, October 12, 2000 bers of the Stanford University Alpine Club the Germans. It was long suspected that the and they were married a year later. In 1960, massacre was the work of the Soviets. Final Mr. LAMPSON. Mr. Speaker, I rise today to the Crowders built a home in Portola Valley proof came in 1989, after the fall of the Soviet honor the New Hope Baptist Church in Port and became very active in local conservation Union, when President Gorbachev released Arthur, Texas, which will be receiving a State issues. documents that clearly proved the Soviets, Historical Marker from the Texas Historical Betsy Crowder served on numerous County with the full knowledge of Stalin, had carried Commission on October 15, 2000. New Hope and local advisory committees for land use out the massacre. Baptist Church was the first African-American and trails including the Portola Valley Con- For more than a decade, the Polish-Amer- Baptist Church and was officially founded on servation Committee, the San Mateo County ican community has raised funds to construct August 12, 1906, but existed quite some time Trails Advisory Committee, the Bay Area a fitting memorial to honor the victims of the before that date. The church was first orga- Ridge Trail Council, the San Mateo County massacre. The 44-foot statue has been per- nized by the Rev. Stevenson, Sis. Copeland, Bikeways Advisory Committee, the Committee manently installed near Baltimore's Inner Har- Sis. Laura Hebert, and Sis. Sharlit Bill. New for Green Foothills and the Planning and Con- bor at President and Aliceanna Streets. I want Hope was originally located on Titsingh Street servation League. to commend the Polish-American community (now known as Marian Anderson Avenue). Betsy Crowder also served as a Planning and Alfred Wisniewski, Chairman of the Na- As the African-American population grew, a Commissioner for Portola Valley from 1972 to tional Katyn Memorial Committee, and the en- larger place of worship was needed and a 1977 and as an environmental planner for the tire committee, for their tireless efforts in mak- one-room building was rented on West 10th City of Palo Alto from 1972 to 1980. ing this memorial to the victims of this atrocity Street. The Rev. A.D. Hendon was the first of- Since 1989, she was a member of the elect- a reality. ficial pastor and served one year and 11 ed Board of Directors of the Midpeninsula Re- I urge my colleagues to join me in paying months. Professor A.J. Criner was the first gional Open Space District (MROSD), includ- tribute to the memory of these murdered Pol- Chairman of the Deacon Board, as well as the ing two years as President of the Board in ish Army officers. The Katyn Memorial in Balti- Principal of the African-American public 1993 and 1998. During her tenure on the more will be a lasting reminder to all of us that school. The New Hope Baptist Church had 14 Board, MROSD's lands grew from 32,000 we must never tolerate evil and tyranny and charter members, and some of the early mem- acres to 43,000 acres and she was a very ac- that we must continue to speak out for justice bers included: Rev. Stevenson, Sis. Copeland, tive member on MROSD's Coastal Advisory and tolerance. Sis. Sharlit Bill, Sis. Laura Hebert, Nora Wade f Commission for the District's plan to annex the (King), Will King, M.G. Glass, A.J. Criner, Nel- San Mateo County Coast. lie Jones, Rev. A.D. Hendon, W.M. Richard- ELECTION COMMISSION OF Mr. Speaker, Betsy Crowder was an excep- PUERTO RICO son, Vallie Brown, J.W. Willis, W.P. Powell, tionally kind and selfless woman dedicated to A.W. Edwards, and Willie Braxton. her family, her community and her country. The one-room building was used as a stable HON. PATRICK J. KENNEDY Her tireless commitment and stewardship of during the week. On Saturdays, the members OF RHODE ISLAND the environment inspired everyone. She lives would start clearing out the stable and assem- IN THE HOUSE OF REPRESENTATIVES on through her two children, two grand- bling makeshift benches with boxes and Thursday, October 12, 2000 children, three sisters, 15 nieces and neph- planks for members to sit on. There was no ews, and through all of us who were blessed Mr. KENNEDY of Rhode Island. Mr. Speak- pulpit. The minister would stand in front of the to be part of her life. er, both the House and Senate have approved congregation with his Bible in hand and Mr. Speaker, it is with great sadness that I an appropriation of $2.5 million to the Office of preach. The building would often flood and ask my colleagues to join me in paying tribute the President as requested by the President leak when it rained. Rev. J.E. Nelson was the to a uniquely wonderful woman who lived a for a grant to the Elections Commission of second pastor and served one year, through life of purpose and to extend our deepest Puerto Rico to be used for voter education on 1909. During his administration, the first sympathy to her daughters, Wendy and Anne, and a choice among the options available for church was built at the same spot where the and the entire Crowder family. the island's future political status. This marks old structure stood. Hurricanes reportedly blew f an historic step forward in two key respects in down two church buildings and early records the process of self-determination for the al- were lost in floods and storms. POLISH OFFICERS MONUMENT most four million American citizens of Puerto New Hope developed a close relationship Rico. with the first Methodist Church of Port Arthur HON. BENJAMIN L. CARDIN First, it represents the first authorization and Israel Chapel A.M.E. Church on Texas from Congress for the United States citizens Avenue. Each alternated its services to allow OF MARYLAND IN THE HOUSE OF REPRESENTATIVES of Puerto Rico to choose the ultimate political the other to hold worship services in its sanc- status for their island. Presidents since Tru- tuary during a building program. Rev. J.W. Thursday, October 12, 2000 man have been seeking such an authorization Williams came in 1910 and rebuilt the church Mr. CARDIN. Mr. Speaker, on Nov. 19, and each House has passed similar language that was destroyed by a hurricane. However, 2000 the National Katyn Memorial Committee in the past, but the same language has never this building was soon destroyed. Mr. Speak- will dedicate a monument in Baltimore, Mary- passed both Houses and been enacted into er, throughout the 20th Century New Hope land to the memory of more than 15,000 Pol- law. Our approval of this appropriation should Baptist Church should serve as an example to ish Army officers who were massacred by So- be read as Congress' determination to resolve us allÐalways keep the faith and hope to re- viet soldiers in the spring of 1940. the century-long question of the island's ulti- build. In September, I was honored to accept an mate status and let Puerto Rican Americans f award on behalf of Congress presented by Fa- choose a fully democratic governing arrange- TRIBUTE TO BETSY CROWDER ther Zdislaw J. Peszkowski, a survivor of the ment if they wish to replace the current terri- massacre. The medal was presented on be- torial status. HON. ANNA G. ESHOO half of the Katyn families in recognition of U.S. Second, by adopting this provision as part congressional hearings conducted in 1951 and of the unanticipated needs account of the Of- OF CALIFORNIA 1952 that focused world attention on this fice of the President, it is Congress' intention IN THE HOUSE OF REPRESENTATIVES World War II massacre that occurred in the that its support for a future vote in Puerto Rico Thursday, October 12, 2000 Katyn Forest. be coordinated with the Administration's efforts Ms. ESHOO. Mr. Speaker, I rise today with While this massacre occurred more than 50 to provide realistic options to be included on a heavy heart to honor Betsy Crowder, a well- years ago, it is important that we remember the ballot in the island's next referendum. In known and loved constituent who distin- what happened. In 1939, Nazi Germany in- recent months the President has brought guished herself in so many ways and whose vaded Poland from the west and the Soviet Puerto Rico's major political parties together in life was cut short on September 29, 2000. Union invaded from the east. In 1940, more an unprecedented effort to define the available

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.044 pfrm04 PsN: E13PT1 E1786 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2000 political status options. Our approval of the of America's most historic crown jewels, Sym- RECENT VIOLENCE IN THE $2.5 Million request evidences our expectation phony Hall, as it celebrates its centennial and MIDDLE EAST that the White House will provide realistic op- its many contributions to Boston, the Nation tions upon which to base a future status ref- and the world. HON. BENJAMIN L. CARDIN The Hall was the brainchild of ``Major'' erendum. It can only responsibly allocate the OF MARYLAND Henry Lee Higginson, founder of the Boston funds for the consideration of options that are IN THE HOUSE OF REPRESENTATIVES realistic. Symphony Orchestra (BSO). In the early Puerto Rican Americans have contributed to 1890s, Higginson made the decision to build Thursday, October 12, 2000 this Nation for over 102 years, both in peace Symphony Hall due to the fact that the Boston Mr. CARDIN. Mr. Speaker, I rise today with and in wartime, and deserve the opportunity to Music Hall was no longer meeting the needs a heavy heart, after learning this morning resolve the uncertainty regarding their political of the BSO and its patrons. about the latest violence in Israel. News re- status based on clearly defined status options Major Higginson chose Charles Follen ports indicate that two Israeli reserve soldiers consistent with the Constitution and U.S. law McKim of the New York firm of McKim, Mead were killed in the West Bank town of and with the support of Congress. This legisla- and White as the architect of the Hall. At that Ramallah. The Israeli soldiers were detained tion along with realistic status options to be time, McKim was the most prominent architect by the Palestinian police after they inadvert- provided by the Administration will help us in the United States. However, one of the ently made a wrong turn down a street, and honor their contributions by moving the proc- most influential persons involved in the project were taken to a police station. Apparently a ess of self-determination forward towards the was a Harvard physicist by the name of Wal- mob of Palestinians broke into the police sta- establishment of a permanent and final polit- lace Clement Sabine. Mr. Sabine, the founder tion, slaughtered the Israeli soldiers, and pa- ical status for Puerto Rico. of the science of architectural acoustics, raded their bodies through the streets. f served as acoustical consultant during the I call on Mr. Arafat to live up to his obliga- construction of the Hall. As a result of tions under the Oslo Accords, and to maintain TRIBUTE TO MRS. THELMA F. Sabine's input, Symphony Hall became the RIVERS public order and calm in the West Bank first concert hall designed with the aid of mod- through a vigorous use of the Palestinian po- ern acoustical science, and today is ranked lice force. Let us remember that the Palestin- among the three best acoustical concert halls HON. JAMES E. CLYBURN ians now fully control over 40% of the West OF SOUTH CAROLINA in the world. Bank and Gaza, with over 95% of the Pales- IN THE HOUSE OF REPRESENTATIVES Ground breaking on the Hall took place on tinian population under the civil administration Thursday, October 12, 2000 June 12, 1899 and it opened its doors on Oc- tober 15, 1900. Ever since its opening, Sym- of the Palestinian Authority. As the Palestin- Mr. CLYBURN. Mr. Speaker, I rise today to phony Hall has played a major role in new ians gain greater authority and control over pay tribute to Mrs. Thelma F. Rivers of music activity. It has been the scene of more their domestic affairs, they also must shoulder Timmonsville, South Carolina, prior to the than 250 musical world premiers, including the additional security responsibilities that celebration of her 115th birthday. major works by Samuel Barber, Aaron come hand-in-hand with territorial control. The Mrs. Rivers was born on November 3, 1885, Copeland, George Gershwin, and John Wil- Palestinians must ensure the safety of both in Darlington, South Carolina, to a mother and liams. Israelis and Palestinians within their areas of father who were born into slavery. This makes Though it is principal home of the Boston control. her one of the few people to have ever lived Symphony and the Boston Pops orchestras, Mr. Arafat has personally assumed respon- to experience three centuries of American his- other performing artists use it 60±70 times a sibility over all PLO elements and personnel in tory. Her sharp memory is treasured by all. year. It is also interesting to note that for many order to assure the maintenance of peace, When Mrs. Rivers reminisces about her youth, years Symphony Hall was the largest public law, and order in the West Bank. Just a few she remembers picking two bales of cotton ev- building in Boston and served as the city's days ago Mr. Arafat allowed a Palestinian mob eryday and sewing quilts with tobacco thread. major civic gathering place. Among such civic to destroy Joseph's Tomb, a Jewish holy site Remarkably, Mrs. Rivers remains inde- events were: the First Annual Automobile in the West Bank, just hours after Israeli pendent and capable despite her years. She is Show of the Boston Automobile Dealers' As- troops withdrew and allowed the Palestinian on no medication, and has no use for eye- sociation (1901); a debate on American par- police to take control. glasses, hearing aids, or canes. Living alone ticipation in the League of Nations, advocated Mr. Speaker, each of us prays for peace in until last year, she even chopped her own by Harvard President A. Lawrence Lowell and the Middle East. The only way to achieve wood, being that she chose to remain living in opposed by Senator Henry Cabot Lodge peace is for the Palestinian leaders to not only a home still furnished with a wood burning (1919); and all the inaugurations of Boston's condemn but to take steps to stop terrorism stove. Many of her younger counterparts can't Mayor James Michael Curley. and violence. even boast of this type of health and auton- The Hall has regular radio and television f omy. broadcasts of the Boston Symphony Orchestra Mrs. Rivers has been blessed with several and the Boston Pops. The first radio broadcast INTRODUCTION OF THE UNITED children, nearly 100 grandchildren, numerous took place on January 23, 1926, with the first STATES COMMISSION ON SECU- great grandchildren, and the list continues. national radio broadcast took place on Octo- RITY IN AN OPEN SOCIETY ACT She attributes her long life to her faith in God ber 4, 1930 in honor of the BSO's 50th anni- and allowing Him to ``hold her hand while she versary. Television broadcasts from Symphony HON. ELEANOR HOLMES NORTON runs this race.'' Hall began in 1963 and in 1969 the program OF THE DISTRICT OF COLUMBIA Mrs. Rivers has won no gold medals or Evening at Pops was launched in co-operation Nobel prizes, but today, having lived through IN THE HOUSE OF REPRESENTATIVES with WGBH. This program has gone on to be- Thursday, October 12, 2000 115 years is a tremendous and commendable come the second longest-running series on achievement. It is a testament to faith, public television, after Sesame Street. Ms. NORTON. Mr. Speaker, today I intro- strength, love, and wisdom. Today, Symphony Hall continues to have a duce the United States Commission on Secu- Mr. Speaker, please join me in paying trib- profound impact on the world of music and rity in an Open Society Act, expressing an ute to this miraculous South Carolinian upon maintains its distinction as one of the world's idea I have been working on for two years. the celebration of her birthday. finest concert halls. The Department of the In- Before our eyes, parts of our open society are f terior recently paid fitting tribute to Symphony gradually being closed down because of fear TRIBUTE IN HONOR OF THE CEN- Hall's national and historic significance by des- of terrorism. This act would begin a systematic TENNIAL OF SYMPHONY HALL IN ignating it a National Historic Landmark. I response that takes full account of the impor- BOSTON, MASSACHUSETTS have no doubt that Symphony Hall will con- tance of maintaining our democratic traditions tinue to be a strong influence in the world of while responding adequately to the real and HON. MICHAEL E. CAPUANO music for the next century and I want to ex- substantial threat terrorism poses. tend my heart-felt congratulations to all those The bill I introduce today is being simulta- OF MASSACHUSETTS persons that have been entrusted with main- neously introduced by the gentleman from IN THE HOUSE OF REPRESENTATIVES taining the legacy of Symphony Hall. So I New York, Senator DANIEL PATRICK MOYNIHAN, Thursday, October 12, 2000 close with wishing Symphony Hall a happy who is retiring this year. His unique career, as Mr. CAPUANO. Mr. Speaker, it is with great birthday and the good fortune of celebrating at the Senate's intellectual leader, and as archi- pleasure that I rise today to pay tribute to one least another one hundred. tect of the revival of Pennsylvania Avenue and

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.047 pfrm04 PsN: E13PT1 October 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1787 a good deal of the rest of the renaissance of and make the best use of available organs for Coordinators. A person in this position would the Nation's Capital makes him the perfect transplant. be charged with coordinating the organ dona- partner for this bill. Because the bill embodies Every 14 minutes, a new person is added to tion and recovery efforts within a hospital, or much of the breadth of concerns of the man the list of patients in need of an organ trans- in some cases, a group of hospitals. and his career, I believe that the passage of plant. This list is 72,000 patients long today. Half of Organ Coordinators would be em- the United States Commission on Security in Last year, we recovered over 21,000 organs ployed by hospitals and the other would be an Open Society Act during this Congress for transplant from just over 10,000 individ- employed by Organ Procurement Organiza- would be another fitting tribute to Senator uals. In the same amount of time, we added tions (OPOs). Both hospitals and OPOs are MOYNIHAN's service. 38,850 people to the list. These numbers illus- leaders in organ recovery efforts and both Recent history has been marked by the rise trate the urgency behind this issue. Ten peo- should be involved in this process. To build on of terrorism in the world and in this country. ple die every day because there was no organ this positive partnership, a control board would As a result, American society faces new and available for transplant. The single greatest be established to coordinate the activities of unprecedented challenges. We must provide barrier to saving lives with organ transplants is the Organ Coordinators. The control board higher levels of security for our people and the scarcity of available organs. would have representation from both the hos- public spaces while maintaining a free and I realize that we are at the end of session pital and the OPO, irrespective of which entity open democratic society. As yet, our country and the likelihood of these bills being enacted received the grant. is minimal. But it is a crucial time to introduce has no systematic process or strategy for By placing Organ Coordinators in the hos- these concepts and ask for support on this vi- meeting these challenges. pitals, hospital consortiums or OPOs with the tally important legislation. I am hopeful we can When we have been faced with unprece- greatest potential for organ coordination, there use this time between now and the start of the dented and perplexing issues in the past, we is a tremendous opportunity to double the new Congress to build consensus on these have had the good sense to investigate them number of lives saved through organ trans- initiatives. I want to gather opinions and exper- deeply and to move to resolve them. Exam- plants. Hospitals and OPOs share an impor- tise from my fellow members and the patients, ples include the Warren Commission following tant goal and this bill will serve to augment organizations, and experts in their districts. the assassination of President John F. Ken- local success stories and local partnerships The sooner we can get the ball rolling on this nedy and the Kerner Commission following ri- that already exist in our communities. issue, the faster we will be able to save lives. The second bill that I am proposing is the otous uprisings that swept American cities in We must act now to make progress on this Organ Donor Enhancement Act, which would the 1960's and 1970's. heartbreaking inadequacy. establish a national living donor registry based The problems associated with worldwide ter- The problem is easy to define. There are on the National Bone Marrow Registry. Last rorism are of similar importance and dimen- simply not enough organs to meet the needs year, 10,538 people made their organs avail- sion. The Act requires that a commission be of the patients waiting for them on the trans- able for transplants. Of these, 4,640 people presidentially appointed because to be useful plant lists. The challenge before us is to maxi- were living donors. Last year there were 9,237 in meeting the multiple problems raised, a mize the number of available organs and to kidney transplants performed, 4,441 trans- careful balance of members representative of maximize the recovery of organs available for plants from living donors. Clearly, organ trans- a cross section of disciplines will be nec- donation. When an organ becomes available plants have progressed to the point where essary. To date, questions of security most for transplant, we must spare no resource to nearly 45 percent of all kidney transplants often have been left to security and military ensure that it is delivered to a patient in need. done in 1999 were from living donors. experts. They are indispensable participants, We can do this in three ways. We must first Mr. Speaker, no longer must a patient on but they cannot alone resolve all the issues educate more people about organ donation the transplant list wish for an organ to become raised by terrorism in an open society. In and encourage them to become organ donors. available from a horrible accident. Now kid- order to strike the balance required by our tra- HHS should be congratulated for their efforts neys and livers may be transplanted from one ditions, constitution and laws, a cross cutting in this regard. Next we must invest in research person to another and we have an obligation group representing our best and wisest minds and resources for hospitals and medical to help save the lives of the more than 62,000 needs to be working at the same table. schools to improve the success rates of organ people waiting for them. With only existing tools and thinking, we donation and options available to those who The National Bone Marrow Registry has op- have been left to muddle through, using blunt are in need of organ transplants. Finally, we erated successfully since 1986 by registering 19th century approaches, such as crude must make absolutely sure that no organ goes people who are willing to donate their bone blockades and other denials of access. The to waste. Currently only a fraction of organs marrow to save somebody's life. Sometimes threat of terrorism to our democratic society is available for donation are actually recovered these are family members, friends or even too serious to be left to ad hoc problem-solv- and made available for transplant. That's strangers who possess the courage and com- ing. Such approaches are often as inadequate where this legislation comes into effect. passion to be a living organ donor. While as they are menacing. Today I rise to introduce the Organ Coordi- maintaining the highest privacy protections for We can do better, but only if we recognize nation Improvement Act, which would dramati- registered volunteers, doctors are able to and then come to grips with the complexities cally improve the organ recovery rate. I asked search and locate potential organ matches. associated with maintaining a society with free the experts in hospitals and in organ procure- The sheer scale of a national organ registry and open access in a world characterized by ment organizations what the single best thing will enhance the practice of organ transplan- unprecedented terrorism. The place to begin is Congress could do to assist with organ recov- tation with increased speed and efficiency that with a high-level presidential commission of ery efforts. The answer was simple: provide no other resource could offer. wise experts from an array of disciplines who more staff in the hospital dedicated to this ef- The National Living Donor Registry aims to can help chart the new course that will be re- fort. This deceptively simple answer points to break down the largest barrier to organ trans- quired to protect both our people and our pre- a greater truth. Only a very few hospitals and plantation. It increases the number of potential cious democratic institutions. Organ Procurement Organizations actually donors and establishes a mechanism for doc- f have specifically trained and dedicated staff in tors to match organs to patients. Here in the the very setting that they are needed mostÐ shadow of the Capitol Dome, the Executive 2000 ORGAN COORDINATOR IM- the front lines of our health care system, Director of the Washington Regional Trans- PROVEMENT ACT AND ORGAN When those staff do exist, they make a dra- plant Consortium reports that more than 2 DONOR ENHANCEMENT ACT matic difference. A pilot program through HHS people a week contact her and inquire about to put specifically trained Organ Coordinators becoming a living organ donor. Currently, liv- HON. JAY INSLEE in hospitals in Maryland and Texas had a dra- ing donors comprise 45 percent of all kidney OF WASHINGTON matic effect. In one year, Organ Coordinators transplants that are performed. The availability IN THE HOUSE OF REPRESENTATIVES more than doubled the recovery rate for or- of living donors means particularly strong hope gans. By placing Organ Coordinators in the for liver and kidney transplants, especially be- Thursday, October 12, 2000 hospitals, hospital consortiums or OPOs with cause kidney patients make up two-thirds of Mr. INSLEE. Mr. Speaker, today I rise to in- the greatest potential for organ coordination, the transplant wait list. The time is now for a troduce two bills to address organ scarcity, there is a tremendous opportunity to double voluntary, national list to enable these every- The Organ Coordinator Improvement Act and the number of lives saved through organ day heroes to become life-savers. The Organ Donor Enhancement Act. These transplants. In the midst of a tragedy, an organ trans- bills complement each other in their purpose This legislation does just that. The bill pro- plant can create something awesome. A trag- to increase the number of recoverable organs vides grants to fund staff positions for Organ edy can save a life. For grieving families, it

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.051 pfrm04 PsN: E13PT1 E1788 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2000 can be consolation that death has not struck Detective Joseph Lopez began his career Dr. Timothy Sullivan, an otolaryngologist, is in vain, and that indeed, their loved one con- as an officer with the Jersey City Police De- senior vice president for medical affairs at Me- tinues to give energy and life. For thank every- partment on September 11, 1976. He is the ridian Health System, Riverview Medical Cen- day heroes who seek to become living donors, recipient of eight excellent police service ter. He is a member of the Boards of Trustees their gifts are the greatest gift of all. It is won- awards, two commendations, the class ``E'' of Volunteers in Medicine and Rio Vista drous that medical technology has brought us award, and a unit citation. Detective Lopez Equipo Medico. He also serves as co-leader so close to the miracle of life through organ served in the East District Patrol; the Car of medical missions to Guatemala to provide transplant. Transplants have been performed Pound Administration; the Special Investiga- medical care, including cleft palate surgery. since the 1960's and are now performed for tions Unit, the Auto Theft Squad, and the The Women's Center of Monmouth County 11 organs. Just last year, new types of liver North District Detective Division. has, for 24 years, provided invaluable services transplants were being performed. Police Officer Angel Maldonado began his to families affected by domestic violence and We must work to maximize our resources career with the Jersey City Police Department sexual assault and has received five major and make the most efficient use of them. on February 23, 1981. He is the recipient of awards for its outstanding work. Anna M. There is no doubt about the need for organs. four excellent police service awards and two Diaz-White, executive director and a staff The potential lives that could be saved should commendations. Officer Maldonado served in member for 16 years, accepted the award on encourage us to work on these two pieces of the Detective Squad; the Juvenile Bureau; the behalf of the Center. I congratulate Ms. Diaz legislation to increase the number of recover- West District Patrol; and the East District Pa- White and all the staffers and volunteers who able organs and maximize the potential of trol. make the Center the valuable community available organs. I commend these officers for their courage asset that it is. Lastly, I must offer my gratitude to the nu- and commitment, and I ask that my colleagues The Jersey Shore Chapter of NCCJ also ap- merous patients, doctors, hospitals, organ pro- join me in honoring them today. plauded Anytown, NJ, a week-long program for high school students in which they break curement organizations and other individuals f who offered valuable feedback on these bills. barriers, deal with biased behavior and de- Many people have already put much time and JERSEY SHORE HUMANITARIANS velop an action plan to reduce prejudice in effort in assisting me with the best ways to ad- HONORED their hometowns. dress organ scarcity. They have provided in- I have worked with Dr. Arlinghaus for many valuable assistance and counsel, advice and years on the Congressional Award which HON. FRANK PALLONE, JR. seeks to encourage strong values and com- criticism, and I thank them for their help. I ask OF NEW JERSEY my colleagues and others interested in organ munity service. Before that, he worked with IN THE HOUSE OF REPRESENTATIVES recovery, organ donation and organ transplan- the late Rep. James J. Howard, the original tation to examine these bills and provide me Thursday, October 12, 2000 sponsor of the law enacting the Congressional with their comments. Mr. PALLONE. Mr. Speaker, on September Award program. Because of his association It is my hope that by introducing these bills, 21, the Jersey Shore Chapter of The National with an important Congressional initiative, I more patients and professionals in the field Conference for Community and Justice wanted to share with my colleagues a ex- will be inspired by these efforts to work with (NCCJ) held its 32nd Anniversary Humani- cerpts from his acceptance speech: I submit the following excerpts from Dr. me. It is essential that they continue to be tarian Awards ceremony. NCCJ is a national Arlinghaus's September 21 speech into the generous in their comments, opinions, ques- human relations organization with local chap- RECORD. tions, criticism, and ultimately, support. I wel- ters dedicated to fighting bias, bigotry, and ‘‘It was many years ago this month that come the response of my colleagues on these racism. It promotes understanding and respect two bills and look forward to further discussion Joe Gouthro and I met the then Congress- among all races, religions and cultures man Howard to describe to him a dream next session. through advocacy, conflict resolution and edu- called the Congressional Award and ten f cation. years later it became a Public Law. Since that very humble beginning much has passed IN HONOR OF LIEUTENANT EU- So it is with great pride that I congratulate the recipients of this year's awards for their into our history. And from that very unique GENE CANFIELD, DETECTIVE JO- experience of working with Congress, I have SEPH LOPEZ, AND POLICE OFFI- outstanding community service to the Jersey Shore, much of which I represent in Congress. observed many unique events and personal- CER ANGEL MALDONADO, RE- ities and beg your indulgence to share a CENT RETIREES FROM THE JER- They include: thought and a theme with you this evening. SEY CITY POLICE DEPARTMENT Dr. Frank Arlinghaus, founder of our Con- A new millennium has begun and our re- gressional Award, chairman and president of public stands as what has been described as the N.J. Congressional Award Council, Naval the world’s indispensable nation. Two thou- HON. ROBERT MENENDEZ Reserve captain and Special Assistant for Re- sand years ago the Roman Empire in the OF NEW JERSEY serve Affairs to the Medical Officer of the Ma- western world occupied very much the same position economically, militarily and in the IN THE HOUSE OF REPRESENTATIVES rine Corps, and a pulmonary and critical care Thursday, October 12, 2000 minds of those who lived then. The mythic physician in Red Bank, N.J.; story of the founding of the Roman Republic Mr. MENENDEZ. Mr. Speaker, today I Bahiyyah Abdullah, director of Marketing by the poet Virgil in the Aeneid emphasized honor three recently retired police officers, and Membership for the Ocean County Girl one essential point, one essential virtue, one who have dedicated their lives to serving and Scout Council for the last 12 years and active essential value. Aeneas was pious. He was protecting Jersey City, New Jersey. in numerous civic organizations, including the humble before his ‘‘gods’’and from that piety Lieutenant Eugene Canfield, Detective Jo- NAACP, Ocean County Human Relations flowed his strength and the future moral vi- Commission and Jack and Jill of America; brancy of Rome. When Aeneas lost his piety, seph Lopez, and Police Officer Angel when Rome forsake that piety, when indi- Maldonado retired on September 1, 2000, Solomon S. Greenspan, managing partner vidual citizens abandoned that value, Rome after exceptional careers as law enforcement of Rudolf, Cinnamon & Calafato, LLC. He is was lost.’’ officers. During their careers, these fine offi- on the board of the Monmouth County Jewish ‘‘.....Like pious Aeneas we are warned cers held one principle foremost in their Federation, and the Urban League and is a by history how important these values are. minds: namely, that residents of Jersey City Councilman for the Township of Ocean. He is Can we be successful in keeping our sense of need and deserve a safe community. past president of the Monmouth County Jew- Community or our sense of Justice without Lieutenant Eugene Canfield began his ca- such values? Whether it be through the ish Community Center and United Way. NCCJ or the Congressional Award or through reer as an officer with the Jersey City Police The following two physicians helped develop the works of our fellow citizens: Bahiyyah Department on September 11, 1976. He is the the Parker Family Health Clinic, a free health and Sol, Eugene and Tim, and the Women’s recipient of two excellent police service center on Red Bank's west side: Center, these values are self-evident and awards and one police commendation. Lieu- Dr. Eugene F. Cheslock, an internist, is ex- command our allegiance. Such values are at tenant Canfield served in Operations (Patrol ecutive vice president of Meridian Health Sys- the heart of the wonderful acts of service of Division); Special Patrol Bureau; Central Com- tem, Riverview Medical Center's Riverview my more-than-distinguished co-recipients munications Bureau; and the Field Leadership Foundation. He is past president of the Mon- this evening. As Hans Kung the noted philos- opher and moralist wrote ‘‘the will of the al- and Training Unit. Lieutenant ``Gene'' Canfield mouth County Cancer Society and has re- mighty is carried out through service to was not only an exceptional police officer, but ceived prestigious awards from the Urban human beings.’’ And as our Founding Fa- also a talented actor, playing Al Pacino's League and the Salvation Army, among oth- thers prayed: ‘‘We have given you a Repub- chauffeur in ``Scent of a Woman.'' ers. lic. It is up to you to keep it.’’

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.052 pfrm04 PsN: E13PT1 October 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1789 CONFERENCE REPORT ON H.R. 4205, million square foot B±2 production facility, She was awarded (posthumously) the Un- FLOYD D. SPENCE NATIONAL DE- highly trained aerospace work force, and close sung Heroine Award by the Cook County FENSE AUTHORIZATION ACT FOR proximity to test facilities. Women's Commission. FISCAL YEAR 2001 If we are asking taxpayers to support the Miriam's home was a joyous place to visit. best manned, equipped, and trained fighting She was a hostess par excellence, and, ac- SPEECH OF force in the world, we must ensure it's the cording to at least one eye witness was a key HON. LORETTA SANCHEZ most cost effective fighting force in the world. player in the greatest little floating mah jongg OF CALIFORNIA In closing, I commend all the Committee game in Chicago. Chairs, Ranking Members and Staff for work- Miriam is survived by her husband, three IN THE HOUSE OF REPRESENTATIVES ing with their Senate counterparts to produce children, six grandchildren and uncounted Wednesday, October 11, 2000 a bipartisan bill that looks out for those who friends, neighbors and coworkers. She will be Ms. SANCHEZ. Mr. Speaker, as a member serve and preserve's our role as the World's remembered not only because her name is af- of the House Armed Services Committee, I premier fighting force. fixed to a public middle school, but because rise in strong support of the National Defense I urge my colleagues to support this bill. her name in indelibly engraved in the hearts of Authorization Conference Report H.R. 4205. f all those who knew her. I would like to thank Mr. SPENCE, Mr. SKEL- f TRIBUTE TO MIRIAM GOBSTOOB TON, Subcommittee Chairs, Ranking Members, and of course Committee Staff for all the hard CANTER PERSONAL EXPLANATION work that they put into reconciling the Defense Authorization Bill. HON. DANNY K. DAVIS HON. JIM KOLBE This year's Authorization Bill makes great OF ILLINOIS OF ARIZONA strides toward improving Modernization, Qual- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ity of Life, and Military Readiness. Thursday, October 12, 2000 Thursday, October 12, 2000 First, Military Health Care is getting on the right track, but we still have a lot of work to Mr. DAVIS of Illinois. Mr. Speaker, on Mr. KOLBE. Mr. Speaker, on October 10, do to improve service to active duty and re- Thursday, October 12, 2000 the name of the 2000, I was on an airplane returning from my tired service members. Louis Wirth Experimental School in Chicago's district and missed the following votes: H.R. Second, Recruiting and Retention are show- Hyde Park neighborhood will be changed to 208, to amend Title 5, U.S. Code, to allow for ing signs of improvement, but will be a con- honor one of its founders: Miriam Gobstoob the contribution of certain rollover distributions stant challenge during strong economies and Canter. to accounts in the Thrift Savings Plan; H.R. changing demographics. Almost one year after Miriam died, it will be 762, the Lupus Research and Care Amend- Although this committee has made signifi- a fitting tribute to the life of a most remarkable ments; and S. 2438, the Pipeline Safety Im- cant improvements in quality of life benefits, woman who devoted much of her life to public provement Act. I'm concerned that the junior ranks do not un- education. Had I been present, I would have voted derstand what these improvements mean to Miriam Gobstoob was born in 1923 in Bos- ``yea'' on all three of these votes (#519, #520 them. ton, Massachusetts. She attended Boston Uni- and #521). According to a DoD survey of service mem- versity and joined the Women's Air Corps in f bers, basic pay is the number one reason to 1944. She devoted herself to the war effort stay or leave the military. and was a part of the successful effort to inte- A TRIBUTE TO MRS. DALE But do they understand the value of their grate her company. STRAYHORN, PRINCIPAL OF RO- benefits, beyond take home pay, when they After the war, and her honorable discharge, CHELLE MIDDLE SCHOOL, make their decision to leave? she joined the first all-women's Jewish War LENOIR COUNTY, NORTH CARO- I have introduced legislation, H.R. 4388, Veteran's Post. She became a commander of LINA which provides service members information that post and later in life commander of the on their benefits, to including VA benefits, the Chicago Jewish War Veteran's Post, the only HON. EVA M. CLAYTON value of those benefits, and how their benefits woman to command two such posts. OF NORTH CAROLINA compare to civilian counterparts. In 1956 she married David S. Canter and IN THE HOUSE OF REPRESENTATIVES moved to Chicago where she dived into work, Given this information, I hope more may un- Thursday, October 12, 2000 derstand the grass is not necessarily greener family and community activism. on the other side and opt to make a career Their children, Marc, Evan and Anna drew Mrs. CLAYTON. Mr. Speaker, for almost out of military service. Miriam into a lifetime commitment to education two decades, Mrs. Dale Strayhorn has quietly I thank the Committee for acknowledging including President of the Kenwood-Ellis Co- and effectively touched the lives of hundreds the merits of this legislation by including re- operative Nursery School, President of the of young people. As a teacher, school admin- porting language in this bill requiring the De- Shoesmith School PTA, President of Wirth istrator and principal, she has helped our com- partment of Defense to report on what the De- School PTA, President of Kenwood High munities meet the challenge of child-raising. partment is doing in educating service mem- School PTA, President of Metro High School She has now brought her considerable en- bers on the value of their benefits. PTA, Community Representative of Wirth ergy and expertise to Rochelle Middle School Third, I would like to commend the Com- Local School Council. in Lenoir County, North Carolina, where she mittee on their work in improving R&D ac- She was recognized with awards including currently serves as principal. Since arriving at counts, specifically Science and Technology. the Distinguished Service Award for 25 years Rochelle, she has made every student feel im- R&D is the future of this Nation's defense. of service to public education at Wirth School portant and has made every parent feel that We should not shortchange our future to fund and the Achievement Award for 10 years the education of their child is being taken very present day shortfalls. R&D is critical in main- Service for Local School Council participation. seriously. taining the technological edge to combat the There were many other facets to Miriam's Dale Strayhorn is an educator, a mentor, an growing and changing threats to our Nation's love of community and country. advisor, an advocate, a counselor, a visionary. security. She worked for over 20 years at Michael She cares. She dares to be different, and she Finally, I would like to commend the Com- Reese Hospital, was a founding board mem- has made a difference. But, her path to excel- mittee for incorporating H.R. 3396 in the De- ber of the Michael Reese Health Plan and the lence has not been easy. Like all who teach fense Authorization Bill and look at California Women's Health Initiative. She was active in well, she first had to learn. One of eight chil- as a potential production site for the Joint protecting the rights and interests of hospital dren, she was instructed by her father to ``get Strike Fighter. workers. a job or go to college.'' She did both. She at- An independent study found that building Miriam made her home a center for activism tended North Carolina Central University in the JSF at the Air Force Plant 42 in Palmdale, and was fiercely active in the struggle for civil Durham, and she took on the tough task of California could save upwards of $2 billion rights, banning nuclear weapons and in oppo- raising her daughter Gwen, beginning in her over the life of the project. sition to the war in Vietnam. From freedom Sophomore year. These savings are based on state and local marches and peace meetings to fund-raising Over the years, Mrs. Strayhorn has taught economic incentives, such as tax credits, and events and making sandwiches no job was too elementary school, taught military-dependent inherent capabilities, such as the existing 1.2 big or too small for Miriam. children and taught alternative school children,

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.054 pfrm04 PsN: E13PT1 E1790 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2000 among many other experiences. In all in- CONFERENCE REPORT ON H.R. 3044, has demonstrated commendable dedication to stances, she has emphasized character build- VICTIMS OF TRAFFICKING AND all aspects of the heath care field. ing, skill development and preparation for the VIOLENCE PROTECTION ACT OF In her career, Mrs. Walters has undertaken future. 2000 positions of great responsibility. As president Despite her many accomplishments and her and chief executive officer of University Hos- SPEECH OF pitals Health System and University Hospitals tireless agenda, she has always found time to of Cleveland, she presides over a system that be a devoted wife, a loving mother, a dedi- HON. CONSTANCE A. MORELLA includes more than 15, 000 employees, work- cated daughter and a dutiful member of her OF MARYLAND ing in over 100 health service locations in 55 church. While balancing many responsibilities, IN THE HOUSE OF REPRESENTATIVES Northeast Ohio communities. While under she has never neglected to balance her prior- Friday, October 6, 2000 Farah Walters' leadership, University Hospitals itiesÐthose things most important in lifeÐfam- Mrs. MORELLA. Mr. Speaker, there have of Cleveland received the Exemplary Vol- ily, friends, neighbors, community and church. been many members who have supported my untary Effort (EVE) Award from the U.S. De- Those who are charged with the education, efforts to reauthorize the Violence Against partment of Labor. This continuing commit- growth and development of our young people Women Act. One such member, Representa- ment to one of the most important areas of must be among the best, the brightest, the tive LLOYD DOGGETT, spoke in support of this public service deserves to be rewarded with most honorable. They must love what they do legislation and also sought to become a co- due recognition and respect. and conduct themselves with the highest sponsor of this act. Unfortunately, a commu- I ask my colleagues in the House of Rep- standards and with impeccable integrity. Mrs. nication error in the clerk's office precluded resentatives to join me today in honoring Mrs. Dale Strayhorn meets and exceeds all of him from being added as an official co-spon- Farah M. Walters whose outstanding commu- those qualities. sor. I would like to thank Mr. DOGGETT for his nity-based work has earned her the distin- guished accolade, ``Woman of Achievement.'' While she has assumed the role of Principal efforts in support and cosponsorship of this legislation at Rochelle, above all, she is a teacher, one f who guides, instructs and paints a path for f others to follow. She deserves our praise and PERSONAL EXPLANATION THE ENVIRONMENT adulation. HON. SUE WILKINS MYRICK HON. BARBARA LEE f OF CALIFORNIA OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE 75TH ANNIVER- IN THE HOUSE OF REPRESENTATIVES SARY OF THE UNIVERSITY OF Thursday, October 12, 2000 Thursday, October 12, 2000 ROCHESTER MEDICAL CENTER Mrs. MYRICK. Mr. Speaker, due to my du- Ms. LEE. Mr. Speaker, for me, three key ties at the presidential debate last night, I was issues that we must as a community and a unable to participate in the following votes. If nation address are environmental justice, HON. THOMAS M. REYNOLDS I had been present, I would have voted as fol- sprawl and livability, and the need to protect OF NEW YORK lows: California's and the country's ecosystems. Rollcall vote 526, on the Motion to Instruct All three of these issues are linked to a cru- IN THE HOUSE OF REPRESENTATIVES Conferees on H.R. 2415 to enhance Security cial concern that is very much on Americans' minds right now: energy. Thursday, October 12, 2000 of United States missions and personnel over- seas, I would have voted ``yea;'' Rollcall vote Rising oil prices and falling home fuel oil Mr. REYNOLDS. Mr. Speaker, I rise today 525, on agreeing to the Conference Report for supplies both point out one clear, absolute to recognize the 75th Anniversary of the Uni- the Agriculture and Rural Development Appro- fact: fossil fuels represent a limited and gradu- versity of Rochester Medical Center. priations, I would have voted ``nay;'' and Roll- ally disappearing resource. We need to address this problem today. From quality, compassionate patient care to call vote 524, on ordering the Previous Ques- tion to waive points of order against the Mo- The answer to our oil problem does not lie cutting-edge research to individualized student in pillaging the Arctic National Wildlife Refuge, education, the University of Rochester Medical tion to Instruct Conferees on H.R. 2415 to en- hance Security of United States missions and a precious, fragile, and unique ecosystem. Center has earned a nationwide reputation for personnel overseas, I would have voted ``yea.'' It does not lie in keeping current lax stand- excellence. Since its founding by Dean f ards for gas mileage. George Hoyt Whipple, the School of Dentistry It does not lie in denying the basic fact that and Medicine has produced some of our coun- IN HONOR OF MRS. FARAH M. our planet is growing warmer and that the try's most skilled doctors and researchers, WALTERS burning of fossil fuels is a significant factor in whose commitment to the art of healing has global warming. made a real difference in the lives of countless HON. DENNIS J. KUCINICH It does not lie in polluting our soil, our water, people and families. OF OHIO our air, and our children with toxins. To continue their tradition of excellence and IN THE HOUSE OF REPRESENTATIVES The answers have to lie in conservation and innovation. prominence, the University of Rochester Med- Thursday, October 12, 2000 ical Center will today mark the investiture of One answer is to raise the corporate aver- three deans, who will build on the center's Mr. KUCINICH. Mr. Speaker, today I honor age fuel economy standards across the board: successes heading into its second 75 years of Mrs. Farah M. Walters who has been awarded Detroit can build more efficient cars; we need service. They are Patricia Chiverton, Ed.D., the title of ``Woman of Achievement'' for her to increase the incentives to buy them and in- R.N., EN.A.P., third dean of the School of outstanding work in the field of health serv- crease the disincentives to use gasoline Nursing; Deborah Cory-Slechta, Ph.D., first ices. wastefully. dean of Research of the School of Medicine Farah M. Walters has led a remarkable 32 California is leading the way in promoting and Dentistry and Director of the Aab Institute year career in the health care industry. Her greater fuel efficiency and searching for alter- of Biomedical Sciences; and Edward Hundert, commitment to the well-being of the commu- native energy technologies. nity is an example to us all. She has received We need to work toward fuel cells, hybrid M.D., as the eighth dean of the School of due recognition for her remarkable public serv- cars, and other alternative technologies. Medicine and Dentistry. ice. In June 2000, Mrs. Walters was awarded We need to invest in mass transit. It will Mr. Speaker, I ask that this House of Rep- the March of Dimes Golden Mile Award for her cost money but the dividends in reduced pollu- resentatives join me in saluting the achieve- leadership and dedication to saving babies. In tion, increased conservation, and reduced ments of the University of Rochester Medical addition to local community service, she was sprawl will be far greater than the initial price Center on the occasion of their 75 Anniver- appointed to Mrs. Hillary Rodham Clinton's tags. sary, and that this Congress join with me in National Health Care Reform Task Force. And we need to undertake these efforts wishing continued success upon the celebra- Later that year, ``Modern Healthcare'' selected today. tion of the investiture of Deans Hundert, Cory- her as one of 50 individuals to shape future Our environment depends on it and in the Slechta and Chiverton. development of American health care. She long run so does our economy.

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.058 pfrm04 PsN: E13PT1 October 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1791 CONGRESSIONAL BUDGET OFFICE The CBO staff contacts are John R. Righter value as determined by the court, accrued in- COST ESTIMATE FOR H.R. 4721 (for federal costs), and Lauren Marks (for the terest, reasonable expenses of holding The private-sector impact). property from February 1990 to the date of Sincerely, the final payment, and reasonable court HON. DON YOUNG BARRY B. ANDERSON costs and attorneys’ fees. The legislation OF ALASKA (For Dan L. Crippen, Director). would provide the full faith and credit of the IN THE HOUSE OF REPRESENTATIVES Enclosure. United States to make such payments with- H.R. 4721—An act to provide for all right, title, out farther appropriation. Thursday, October 12, 2000 and interest in and to certain property in CBO estimates that enacting H.R. 4721 Mr. YOUNG of Alaska. Mr. Speaker, I sub- Washington County, Utah, to be vested in the United States would increase direct spending by $15 million mit for the benefit of the Members a copy of in fiscal year 2001. The amount of the second H.R. 4721 would transfer about 1,550 acres the cost estimate prepared by the Congres- payment is uncertain and will probably be in real property in Washington County, sional Budget Office for H.R. 4721, a bill to determined in court. Based on information provide for all right, title, and interest in and to Utah, to the federal government. As com- pensation for the government’s taking of pri- from the Bureau of Land Management certain property in Washington County, Utah, vate property, the legislation would provide (BLM), CBO estimates that a second pay- to be vested in the United States. an immediate payment of $15 million, with a ment of $43 million would be made in 2002. U.S. CONGRESS, subsequent amount to be paid to Environ- The estimated total of $58 million is the mid- CONGRESSIONAL BUDGET OFFICE, mental Land Technology, Ltd., the property point between the government’s and the Washington, DC, October 10, 2000. owner, at a later date. The amount of the property owner’s estimates of the property’s Hon. DON YOUNG, second payment would depend, in part, on value (between $30 million and $70 million), Chairman, Committee on Resources, whether the federal government could nego- plus accrued interest and reasonable prop- House of Representatives, Washington, DC. tiate a settlement with the property owner. erty and court-related expenses. This esti- DEAR MR. CHAIRMAN: The Congressional Under a negotiated settlement, the second mate assumes that, based on the wide dif- Budget Office has prepared the enclosed cost payment would include the difference be- ference in their estimates of the property’s estimate for H.R. 4721, an act to provide for tween the property’s appraised value and the value, the two sides would be unable to nego- all right, title, and interest in and to certain initial payment of $15 million, plus interest tiate an out-of-court settlement. Because property in Washington County, Utah, to be accrued from the date of the legislation’s en- H.R. 4721 would affect direct spending, pay- vested in the United States. actment. Alternatively, if the amount of the as-you-go procedures would apply. The If you wish further details on this esti- second payment is decided in a court of law, changes in direct spending are shown in the mate, we will be pleased to provide them, it would include the remaining property following table.

By fiscal year, in millions of dollars 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Changes in outlays ...... 15 43 0 0 000000 Changes in roceipts ...... (1)(1)(1)(1)(1)(1)(1)(1)(1)(1) 1 Not applicable.

In addition, because it is possible that Lauren Marks (for the private-sector im- lence, and expressing congressional support BLM would have purchased the property pact). This estimate was approved by Peter for the people of Israel at this time of crisis. under current law using funds appropriated H. Fontaine, Deputy Assistant Director for from the Land and Water Conservation Budget Analysis. The Palestinians must understand that you Fund, implementing the legislation could re- can't have it both ways. The Government of f duce the need for future appropriations. Israel has made clear to the world its commit- H.R. 4721 contains no intergovernmental INTRODUCTION OF H. CON. RES. 426 ment to peace time and time again. We see mandates as defined in the Unfunded Man- that the Palestinian response is violence. dates Reform Act (UMRA) and would impose CONCERNING THE VIOLENCE IN no costs on state, local, or tribal govern- THE MIDDLE EAST Accordingly, I submit the text H. Con. Res. ments. H.R. 4721 would impose a private-sec- 426 to be printed at this point in the CONGRES- tor mandate, as defined in UMRA, on the HON. BENJAMIN A. GILMAN SIONAL RECORD, and urge our colleagues to property owner who would be required to strongly support this. confer his property to the, federal govern- OF NEW YORK ment, CBO estimates that the cost of com- IN THE HOUSE OF REPRESENTATIVES H. CON. RES. 426 plying with the mandate would fall below Thursday, October 12, 2000 Whereas the Arab-Israeli Conflict must be the annual threshold established by UMRA resolved by peaceful negotiation; ($109 million in 2000, adjusted annually for Mr. GILMAN. Mr. Speaker, the past two inflation). Whereas since 1993 Israel and the Palestin- weeks have seen tension in the Middle East ians have been engaged in intensive negotia- The legislation would require, 30 days after spiral out of control as PLO Chairman Yassir enactment, the landowner to confer to the tions over the future of the West Bank and United States all right, title, and interest in Arafat attempts to dictate Israeli concessions Gaza; and to, his property located within and adja- at the negotiating table through the unbridled Whereas the United States, through its cent to the Red Cliffs Reserve. That require- use of violence, and, most appallingly, through consistent support of Israel and the cause of ment would be a mandate as defined in the manipulation of young children as ``martyrs peace, made the current peace process pos- UMRA. The cost of complying with the man- in training''. sible; date would be the fair market value of the This massive and fundamental violation of Whereas the underlying basis of those ne- land, expenses incurred and lost interest in the Oslo Accords is intentional, as under- gotiations was recognition of the Palestine transferring the property to the federal gov- scored when the leader of the Tanzim para- Liberation Organization (PLO) by Israel in ernment, and the costs of relocating. Esti- military forces in the West Bank said yester- exchange for the renunciation of violence by mates of the value of the property range be- the PLO and its Chairman Yasser Arafat, tween $30 million and $70 million. Thus, CBO day that his organization would escalate the first expressed in a letter to then-Israeli expects that the direct costs of complying confrontations with Israel and not try to calm Prime Minister Yitzhak Rabin dated Sep- with the mandate would fall below the the situation. Marwan Barghuti said, ``This tember 9, 1993, in which Mr. Arafat stated: threshold established by UMRA ($109 million blessed Intifada is looking ahead and the ‘‘[T]he PLO renounces the use of terrorism for private-sector mandates in 2000, adjusted mass activity is moving forward''. and other acts of violence, and will assume annually for inflation). The legislation pro- Mr. Speaker, in today's latest outrage, a responsibility over all PLO elements and vides that, in exchange for his land, the land- personnel in order to assure their compli- owner would receive an initial payment $15 Palestinian mob killed two Israeli soldiers and dumped their bloodied bodies in the street ance, prevent violations and discipline viola- million, as well as a subsequent payment to tors.’’; be determined either through a negotiated after the pair were captured with two other Whereas as a result of those negotiations, settlement or through litigation. servicemen earlier today in the Palestinian city On October 10, 2000, CBO transmitted a cost the Palestinians now fully control over 40 of Ramallah. percent of the West Bank and Gaza, with estimate for S. 2873, a similar bill reported That is why I felt compelled to introduce a by the Senate Committee on Energy and over 95 percent of the Palestinian population Natural Resources on October 2, 2000. CBO’s resolution, H. Con. Res. 426 on behalf of my- under the civil administration of the Pales- two cost estimates are identical. self and Mr. GEJDENSON, our ranking Minority tinian Authority; The CBO staff contacts for this estimate Member on the House International Relations Whereas as a result of peace negotiations, are John R. Righter (for federal costs) and Committee, condemning the Palestinian vio- Israel turned over control of these areas to

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.063 pfrm04 PsN: E13PT1 E1792 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2000 the Palestinian Authority with the clear un- able to many doctors on the ``spread'' between Etoposide, repeatedly published inflated derstanding and expectation that the Pal- what Medicare and other payers reimburse for prices of approximately $138 while the true estinians would maintain order and security a drug (the average wholesale price), and market price fell to less than $10. BMS then there; developed Etopophos, a newer, therapeuti- Whereas the Palestinian Authority, with what that drug is really available for. These companies have increased their cally superior substitute for Etoposide. As the assistance of Israel and the international the following excerpts from BMS’ own docu- community, created a strong police force, al- sales by abusing the public trust and exploit- ments reveal, BMS’ earlier participation in most twice the number allowed under the ing America's seniors and disabled. It is my the false price manipulation scheme with Oslo Accords, specifically to maintain public firm belief that these practices must stop and Etoposide interfered with physician medical order; that these companies must return the money decisions to use Etopophos: Whereas the Government of Israel made to the public that is owed because of their ‘‘The Etopophos product profile is signifi- clear to the world its commitment to peace abusive practices. cantly superior to that of etoposide injection at Camp David, where it expressed its readi- The data in the letter is an indictment of the . . .’’ (Exhibit #1). ness to take wide-ranging and painful steps companies' abuse of the taxpayer and of the ‘‘Currently, physician practices can take advantage of the growing disparity between in order to bring an end to the conflict, but patient. these proposals were rejected by Chairman VePesid’s [name brand for Etoposide] list Arafat; The letter follows: price (and, subsequently, the Average Whole- Whereas perceived provocations must only CONGRESS OF THE UNITED STATES, sale Price [AWP]) and the actual acquisition be addressed at the negotiating table; HOUSE OF REPRESENTATIVES, cost when obtaining reimbursement for Whereas it is only through negotiations, Washington, DC, October 3, 2000. etoposide purchases. If the acquisition price and not through violence, that the Palestin- Dr. JANE E. HENNEY, of Etopophos is close to the list price, the ians can hope to achieve their political aspi- Commissioner, Food and Drug Administration, physician’s financial incentive for selecting rations; Rockville, MD. the brand is largely diminished’’ (Exhibit Whereas even in the face of the desecration DEAR DR. HENNEY: I would like to share #2). of Joseph’s Tomb, a Jewish holy site in the with you concerns I have regarding the con- BMS’ control over the AWPs published for West Bank, the Government of Israel has duct of certain drug companies that are reg- its drugs is revealed in the following excerpt made it clear that it will withdraw forces ulated by your agency. Internal drug com- from a letter to the national publisher of from Palestinian areas if the Palestinian Au- pany documents and other evidence from an drug prices relied on by the Medicaid Pro- thority maintains order in those areas; and industry insider, obtained through a Con- gram: Whereas the Palestinian leadership not gressional investigation, have exposed delib- Bristol-Myers Squibb Company: only did too little for far too long to control erate price manipulation by some drug com- ‘‘Edward Edelstein, First Data Bank . . . the violence, but in fact encouraged it: Now, panies. I believe drug companies’ misleading ‘‘DEAR MR. EDELSTEIN: Effective imme- therefore, be it acts are exploiting the health care needs of diately, Bristol-Myers Oncology Division Resolved by the House of Representatives (the our most seriously ill, poor, disabled and el- products factor used in determining the AWP Senate concurring), That the Congress— derly citizens and taking money from the should be changed from 20.5% to 25%. This (1) expresses its solidarity with the state pockets of innocent Medicare beneficiaries change should not affect any other business and people of Israel at this time of crisis; who are required to pay 20% of Medicare’s of Bristol-Myers Squibb Company’’ (Exhibit (2) condemns the Palestinian leadership for current limited drug benefit. These wrongful #3). encouraging the violence and doing so little actions cost federal and state governments, As a result of BMS’ instructions, I am told for so long to stop it, resulting in the sense- private insurers, and others billions of dol- First Data Bank recalculated BMS’ AWPs less loss of life; lars per year in excessive drug payments and and reported them to the State Medicaid (3) calls upon the Palestinian leadership to corrupt the professional independence of agencies and Medicare Carriers as a BMS refrain from any exhortations to public in- medical decision makers. price increase when in truth it was nothing citement, urges the Palestinian leadership to The compelling evidence recently amassed more than a means of creating a greater vigorously use its security forces to act im- by Congressional investigators reveals that ‘‘spread’’ for BMS drugs. mediately to stop all violence, to show re- certain drug companies have been reporting Additionally, the drug companies in ques- spect for all holy sites, and to settle all and publishing inflated and misleading price tion often falsely state that they have no grievances through negotiations; data and have engaged in other deceptive control over the AWPs and other prices pub- (4) commends successive Administrations business practices in order to manipulate lished for their drugs. Comparing the fol- on their continuing efforts to achieve peace and inflate the prices of certain drugs. The lowing excerpts from a 1996 Barron’s article in the Middle East; drug manufacturers have perpetrated this entitled, ‘‘Hooked On Drugs,’’ and (5) urges the current Administration to use fraudulent price manipulation scheme for Immunex’s own internal documents reveals its veto power at the United Nations Secu- the express purpose of causing the Medicare that drug companies do indeed have control rity Council to ensure that the Security and Medicaid Programs to expend excessive over their prices: Council does not again adopt unbalanced res- amounts in paying claims for certain drugs. ‘‘But Immunex, with a thriving generic olutions addressing the uncontrolled vio- The inflated reimbursement arranged by cer- cancer-drug business, says its average whole- lence in the areas controlled by the Pales- tain drug companies is used to aggressively sale prices aren’t its own. ‘The drug manu- tinian Authority; and market the drugs in question, to influence facturers have no control over the AWPs (6) calls on all parties involved in the Mid- physician prescribing practices, and to in- published . . .,’ says spokeswoman Valerie dle East conflict to make all possible efforts crease sales and market share. Dowell’’ (Exhibit #5). to reinvigorate the peace process in order to The evidence I have seen indicates that the ‘‘Kathleen Stamm, Immunex prevent further senseless loss of life by all drug companies involved have knowingly, Corporation . . . sides. deliberately, and falsely inflated their rep- ‘‘DEAR KATHLEEN: This letter is a con- resentations of the average wholesale price firmation letter that we have received and f (‘‘AWP’’), wholesaler acquisition cost entered your latest AWP price changes in CALLING FOR AN FDA INVESTIGA- (‘‘WAC’’) and direct price (‘‘DP’’) which are our system. The price changes that were ef- utilized by the Medicare and Medicaid pro- fective January 3, 1996 were posted in our TION INTO ABUSE OF AVERAGE grams in establishing drug reimbursements system on January 5, 1996. 1 have enclosed an WHOLESALE PRICE SYSTEM to providers. The evidence also clearly estab- updated copy or your Red Book listing for lishes that, contrary to previous drug com- your files. If there is anything else I could HON. FORTNEY PETE STARK pany representations, the initial source of help you with do not hesitate to call. the price data is the drug companies them- Sincerely, Lisa Brandt, Red Book Data An- OF CALIFORNIA selves and those acting in concert with alyst’’ (Exhibit #6) IN THE HOUSE OF REPRESENTATIVES them. I have learned that the difference be- The drug companies involved are well Thursday, October 12, 2000 tween the inflated AWP and WAC versus the aware of the destructive impact their price true prices paid by providers is regularly re- manipulation has on prescription drug costs, Mr. STARK. Mr. Speaker, last week, I sent ferred to by industry insiders as ‘‘the as stated in the following excerpt from a the following letter to the FDA, in support of spread.’’ Glaxo internal document: an investigation concerning how some of the The Congressional investigation estab- ‘‘Is the [pharmaceutical] industry helping nation's leading drug manufacturers are using lishes that this ‘‘spread’’ has not occurred to moderate health care costs when it imple- false pricing data to distort the practice of accidentally but is the product of conscious ments policies that increase the cost of phar- medicine in America. and fully-informed business decisions. Bris- maceuticals to government?’’ (Exhibit #4). tol-Myers Squibb (BMS) documents, for ex- These examples of clear deception appear The letter details what I believe to be the ample, demonstrate drug company control to be ‘‘only the tip of the iceberg’’ as dem- bilking of the Medicare system by a number of over the spread and knowledge that the onstrated by the evidence reflected in com- large, powerful drug companies. The evidence spread acts as a financial inducement that posite Exhibit #5. This evidence indicates I have been provided shows that certain drug affects medical judgments. I am told that that an official of the state of Florida Med- companies are making enormous profits avail- BMS, as the innovator of the cancer drug icaid pharmacy program contacted Hoechst

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.067 pfrm04 PsN: E13PT1 October 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1793 Marion Roussel directly requesting pricing others who administer them is reprehensible TRIBUTE TO ARTHUR MALAN TIN- information for Hoechst’s new drug and a blatant abuse of the privileges that KER ST. CLAIR, AN OUT- Anzemet. Exhibit #5 is a copy of the fax sent Pharmacia & Upjohn enjoys as a major phar- STANDING WEST VIRGINIAN, ON to the Florida Official by Hoechst containing maceutical manufacturer in the United HIS RETIREMENT AS U.S. SEN- Hoechst representations of its prices. States. This is perhaps best illustrated by The following chart represents a compari- ATE DOORKEEPER Pharmacia & Upjohn’s own internal docu- son of Hoescht’s fraudulent price representa- ments which reveal that it actually abused tions for its injectable form of the drug HON. NICK J. RAHALL II versus the actual prices paid by the industry its position as a drug innovator in an initial OF WEST VIRGINIA insider. The industry insider was aware that Phase III FDA clinical trial for a cancer drug a 100 mg vial of Anzemet could be purchased used to treat lymphoma, as detailed in Com- IN THE HOUSE OF REPRESENTATIVES from a wholesaler/distributer for $70.00. The posite Exhibit #8: Thursday, October 12, 2000 chart compares Hoescht’s price representa- The linking of doctor participation in FDA tions for the tablet form of Anzemet and the Mr. RAHALL. Mr. Speaker, two days ago clinical drug trials to the purchase and ad- our distinguished senior Senator from West insider’s true prices. It is extremely inter- ministration of profit-generating oncology esting that Hoescht did not create a spread Virginia, ROBERT C. BYRD, rose on the floor to drugs is entirely inconsistent with the objec- for its tablet form of Anzemet but only the pay tribute to ``Tinker'' St. Clair of McDowell tive scientific testing that is vital to the in- injectable form. This is because Medicare re- County, West Virginia. At the end of this year, imburses doctors for the injectable form of tegrity of the trial. I am hopeful that the FDA will take immediate action to stop such Tinker St. Clair will retire from his post as sen- this drug and not the tablet form. And by ior Doorkeeper in the U.S. Senate after 21 providing doctors a profit, Hoescht can influ- behavior. Such quid pro quo in connection ence prescribing. The tablet form is usually with new drug trials cannot be tolerated. years of distinguished service to that body. dispensed by pharmacists who accept the Mr. Speaker, that is but a small part of this Doctors must be free to choose drugs based man's remarkable contribution to his family, doctor’s order. This example reflects the on what is medically best for their patients. his community, his State and his Nation. frustration that federal and state regulators It is highly unethical for drug companies to have experienced in their attempts to esti- When Arthur St. Clair was a toddler, he was provide physicians with payments for FDA mate the truthful prices being paid by pro- clinical trials and inflated price reports that an active little boy which led his grandmother viders in the marketplace for prescription to call him a ``little stinker.'' His envious broth- drugs. Likewise, it underscores that we can- financially induce doctors to administer their drugs to patients. In particular, er, who couldn't yet pronounce all his words, not rely upon the drug companies to make called him ``a little tinker,'' and the nickname honest and truthful representations of their Pharmacia & Upjohn’s conduct, along with prices, and that Congress may be left with no the conduct of other drug companies, is esti- ``Tinker'' has remained with Arthur to this day. alternative other than to legislate price con- mated to have cost taxpayers over a billion Arthur ``Tinker'' St. Clair, born on January 6, trols. dollars. It also has a corrupting influence on 1916, is today 84 years old, having lived a Some drug companies have also utilized a the exercise of independent medical judg- busy, varied life with his late wife of 56 years, large array of other impermissible induce- ment both in the treatment of severely ill Elnora Hall St. Clair, raising their children ments to mask true prices and stimulate cancer patients and in the medical evalua- Patty Lee and Linda, now Linda St. Clair sales of their drugs. These inducements, in- tion of new oncological drugs. Pence, wife of Ed Pence. Tinker is looking for- cluding bogus ‘‘educational grants,’’ volume My reading of the Federal Food, Drug, and ward to his retirement, so that he can spend discounts, and rebates or free goods are de- signed to result in a lower net cost to the Cosmetic Act and the corresponding regula- some quality time with his three grandchildren, purchaser, while concealing the actual cost tions suggests that the FDA should pay par- Kimberly George, and Edwin Bryan and Mack beneath a high invoice price. A product ticular attention to these misleading drug Malan Pence. Tinker also looks forward to his invoiced at $100 for ten units of a drug item company actions. Accordingly, I am request- greatest love, spending time with his two might really only cost the purchaser half ing that the FDA conduct a comprehensive great-grandchildren, Nicholas Paul George that amount. Given, for instance, a subse- investigation into drug company business and Jonathan Malan George. quent shipment of an additional ten units at practices. Being a West Virginian, Tinker is the de- no charge, or a ‘‘grant,’’ ‘‘rebate’’ or ‘‘credit Notwithstanding potential prohibitions scendant from his father William Woods St. memo’’ in the amount of $50, the transaction under the Food Drug and Cosmetic Act, it Clair, coal miner, school board member, and would truly cost a net of only $5.00 per unit. appears drug manufacturers purposely create Through all of these ‘‘off-invoice’’ means, small businessman, and his homemaker moth- confusion and make false and misleading drug purchasers are provided substantial dis- er Etta Mae Cochran St. Clair. Tinker was statements about drug pricing in order to de- counts in exchange for their patronage, brought up with a strong work ethic, family val- ceive the United States Government and the while maintaining the fiction of a higher in- ues, and more than a gentle nudge toward States’ Medicaid Programs. Recently there voice price—the price that corresponds to re- community service handed down by his par- ported AWPs and inflated reimbursement has been much media coverage of this issue— an article entitled ‘‘Drugmakers Accused of ents and grandparents, in what has been from the government (Composite Exhibit called ``the free state of McDowell.'' #6): Price Scheme’’ in the USA Today and one The above document is particularly dis- entitled ‘‘How Drug Makers Influence Medi- Mr. Speaker, I have the honor to represent turbing as it indicates that at least one pur- care Reimbursements to Doctors’’ in the McDowell County, West Virginia, Tinker's pose of ‘‘masking’’ the final price with free Wall Street Journal. homeplace. I just as importantly have the goods is so that the Federal Supply Schedule In the larger sense, this letter and its ac- honor of calling Tinker a dear and true friend (‘‘FSS’’) falsely appears to be less than that companying exhibits raise questions of drug from day one. Over the years, this southern- of the hospital price. companies’ wrongful influence on physician most county has seen a decline in population Such misleading statements about phar- from 100,000 coal miners and their families, to maceutical products by drug companies prescribing behavior, which leads to unsafe clearly entails deliberate price manipulation medical practice in the U.S. In light of these today's count of approximately 30,000 men, and in my opinion appears to be directly con- findings, I urge you to undertake a com- women and children. The population drop was trary to the letter and spirit of FDA law. For prehensive review to ensure Americans are brought about when coal mines began to example, in 1997 Pharmacia & Upjohn re- prescribed pharmaceuticals that are safe and mechanize, and during those years of decline, ported an AWP of $946.94 for 200 mg. of effective. Physician prescribing should be unemployment has remained higher than the Adriamycin PFS while it was offering to sell based on need, not greed. I am extremely national average for the people who remained it to doctor groups such as American Oncol- concerned that profit may be causing the in McDowell County. It was the good, strong, ogy Resources for $168.00 and to Comprehen- public to be prescribed drugs that are not determined people like Tinker St. Clair who sive Cancer Center for $152.00 (Composite Ex- safe and effective for patients. hibit #7). Pharmacia & Upjohn then aggres- stayed in the county and who never stopped I have referred this evidence to you so that sively marketed its cancer drugs to health helping his people in good times and in bad, you may take action against these fraudu- care providers by touting the financial in- until his retirement there in 1979. ducements created by the false price rep- lent schemes and, if appropriate, enforce rel- Upon graduating from Gary High School in resentations and other types of monetary evant law and FDA regulations. I hope that 1937, his first job was driving a school bus for payments. It is apparent that Pharmacia & you will take any and all administrative ac- McDowell County Public Schools. That is tions to ensure the integrity of drug pricing Upjohn created and marketed the financial when he first met his future wife, Elnora. Once on behalf of the safety of the American pub- inducements for the express purpose of influ- he was married and raising his children, Tin- encing the professional judgment of doctors lic. And I look forward to discussing with and other health care providers. you any necessary legislative solutions. ker went to work in 1941 for the Consolidated Moreover, Pharmacia & Upjohn’s strategy Sincerely, Bus Lines (which later became Continental of increasing the sales of its drugs by enrich- PETE STARK, Trailways), where he worked until 1947. Real- ing, with taxpayer dollars, the doctors and Member of Congress. izing how important transportation was and is

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.071 pfrm04 PsN: E13PT1 E1794 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2000 for his community of deep valleys and winding native McDowell County, helping it to grow through the Fedkids expansion as well as roads, it wasn't long before Tinker started his and to prosper in good times and bad; in a through her scholarship. own taxi service company in 1947, serving county who knew Tinker St. Clair for his ability The organized leadership and guiding spirit Welch, Pineville and Oceana, West Virginia. to reach out to every person he metÐand who of Ms. Kossin made it possible for many moth- But Tinker was born of parents who were always found a way to help whoever askedÐ ers and fathers employed by the federal gov- also deeply involved in community affairs, and whether it was a local resident and friend, a ernment to feel confident that while they are at he and his wife Elnora were always ready, local official, or candidates for PresidentÐit work, their children are safe, supervised, and willing and able when it came to serving on didn't matter to Tinker. He was always sure he cared for. For providing such an invaluable local political committees, and both were ac- could make a differenceÐat home in service, the work Ms. Kossin put toward the tive in the Democratic party of McDowell McDowell CountyÐand on the national levelÐ Fedkids Center will continually be appreciated County West Virginia. As Tinker will tell you, and he and his late wife Elnora made that dif- in the Lower Manhattan area. McDowell County went Democratic in 1934 ference. This month, the Fedkids Center will be when the first-ever Democrat was elected, and Since coming to Washington 21 years ago opening its newly expanded facilities and nam- the county has remained a democratic strong- to serve as Doorkeeper, Tinker has main- ing the new center that Ms. Kossin's gen- hold, with Tinker's help, ever since. tained his cheerful countenance, shared the erosity and guidance created ``Fedkids at the Tinker was proud to be politically active, and wisdom of his years, and found words of en- Susan Kossin Child Care Center.'' This new he traveled around the county campaigning for couragement for everyone he met. Just like he center will continue the mission that the Harry Truman, John F. Kennedy, and Lyndon did all those years of growing up and working Fedkids Child Care Center set out to accom- Baines Johnson. He also traveled the county to serve the free state of McDowell County, plishÐto provide loving and attentive care for with the late Senator Jennings Randolph, with West Virginia. the children of fedeal and non-federal workers our senior Senator ROBERT C. BYRD, JAY I hope that when I reach the age of 63, that in Lower Manhattan. ROCKEFELLER, and NICK J. RAHALLÐand I can rather than retire, I will look for another way to Mr. Speaker, I am confident that this mis- tell you that it was a great pleasure whenever serve my country for another 21 yearsÐuntil I sion, based on the unique and foresighted vi- I found myself at Elnora's table many, many too have reached the age of 84, just like Tin- sion of Susan Kossin, will continue for many times during my own campaigns for the ker St. Clair. I will miss seeing Tinker when I years to come. Today, I am proud to salute House. Tinker recalls that when traveling the have the chance to go over to the Senate the Fedkids Child Care Center and the admi- county with Ben Cartwright of Bonanza fame, side, where I always knew I would get a smile, rable generosity of a woman far ahead of her he invited him and his associates back to his a firm handshake, and news from down home. time, Susan Kossin. home for a home cooked mealÐrequiring his f f wife Elnora to have to scramble to fix the meal PERSONAL EXPLANATION on a moment's noticeÐbut she did it with IN HONOR OF THE FEDKIDS CHILD great pleasure, for she was as committed as CARE CENTER AND ITS FOUND- Tinker to helping out the folks running for the ER, SUSAN KOSSIN HON. ASA HUTCHINSON Presidency, including Hubert H. Humphrey OF ARKANSAS during his West Virginia campaign. HON. CAROLYN B. MALONEY IN THE HOUSE OF REPRESENTATIVES Tinker gave up the taxi business to become OF NEW YORK Thursday, October 12, 2000 the Deputy Sheriff and Court Bailiff in IN THE HOUSE OF REPRESENTATIVES Mr. HUTCHINSON. Mr. Speaker, on rollcall McDowell County, during which time he be- Thursday, October 12, 2000 vote No. 522 of Wednesday, October 11, I came a Member of the McDowell County Mrs. MALONEY of New York. Mr. Speaker, was inadvertently detained. Had I been Democratic Executive Committee, and was a present I would have voted ``aye.'' delegate to the National Convention in the I rise today to honor the Fedkids Child Care f years 1952 to 1965. He then became a crimi- Center of New York City and its founder, the nal investigator for the county's prosecuting at- late Susan Kossin. This is a special time for PERSONAL EXPLANATION torney, and a justice of the peace. Finally, Ar- the Fedkids Center, which is one of the first thur ``Tinker'' St. Clair was appointed to the childcare centers established for the children HON. ED PASTOR of federal employees, because it has recently position of County Clerk, and afterwards was OF ARIZONA added more than 1,500 square feet of addi- reelected to a six year term with a majority IN THE HOUSE OF REPRESENTATIVES vote of 89 percent. That wasn't machine poli- tional space. This expansion more than dou- Thursday, October 12, 2000 tics folks, that was pure Tinker. bles the capacity of the center and creates ad- Actually, Tinker hadn't thought of retiring at ditional space that will be able to comfortably Mr. PASTOR. Mr. Speaker, on rollcall votes the age of 63 as County Clerk in 1979, but his care for 83 chidrenÐtwice the number of chil- numbered 525 and 526, I was unable to vote. children had all moved up to the Washington, dren the center could serve when it opened in Had I been present, I would have voted ``yea'' D.C. area, and his wife Elnora tired of trav- 1988. This expansion was made possible by on both. eling back and forth to see her grandchildren. the generosity and vision of the founder of f So one day, Elnora told Tinker she was once Fedkids, Susan Kossin, who unfortunately PERSONAL EXPLANATION again visiting her children, and he asked her passed away earlier this year. when she would get back. She said she Ms. Kossin, who founded the Fedkids Cen- wasn't coming back. That's when Tinker re- ter while employed by the federal government, HON. FLOYD SPENCE tired from the County Clerk's position and fol- created the Center, based in Lower Manhat- OF SOUTH CAROLINA lowed his beloved wife of 56 years to Wash- tan, because she recognized the lack of ade- IN THE HOUSE OF REPRESENTATIVES ington. quate childcare facilities in the mid-1980s. Ms. Thursday, October 12, 2000 Now Elnora had her say in June of 1979, Kossin took on the arduous task of guiding the Mr. SPENCE. Mr. Speaker, on rollcall votes and so Tinker retired. But he wasn't happy not decisions on site selection, facilities, renova- numbered 517, 514, 515, 516, and 518, I was working. He just couldn't see himself retiring at tion, equipment, curriculum, licensing, fi- unavoidably detained. Had I been present, I age 63. So, Tinker called his old friend, U.S. nances, legal issues, contractual issues, af- would have voted ``yea'' on all of the above. Senator ROBERT C. BYRD, and asked him if fordability plans, and many other aspects of f there was anything he could do for him. Sen- undertaking such an extraordinary challenge. ator BYRD took him in hand, and within a Ms. Kossin, a working mother herself, ar- IN HONOR OF THE 50TH ANNIVER- month of his arrival in Washington, he began dently supported the Fedkids Center from its SARY OF THE QUEENSVIEW INC. serving as Doorkeeper for the U.S. Senate, conception up until the time of her death. The OF QUEENS, NEW YORK where he worked for another, memorable 21 recent expansion was made possible through years. a grant that Ms. Kossin left to the Fedkids HON. CAROLYN B. MALONEY As noted above, Mr. Speaker, Arthur ``Tin- Center. Aside from the money that financed OF NEW YORK ker'' St. Clair was born to the work ethic, to the expansion, Ms. Kossin's estate has also fi- IN THE HOUSE OF REPRESENTATIVES family values, and to community service. He nanced the establishment of a scholarship has worked ever since he graduated from high fund to assist in financing the tuition for chil- Thursday, October 12, 2000 school in 1937. Without a college degree, Tin- dren in the Fedkids program. The enthusiastic Mrs. MALONEY of New York. Mr. Speaker, ker rose from bus driver to County Clerk in his and nurturing spirit of Ms. Kossin will live on I rise today to pay tribute to the Queensview

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.074 pfrm04 PsN: E13PT1 October 13, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1795 Inc. cooperative housing complex of Queens, 109th FIELD ARTILLERY HONORED Today, America stands tall as the lone re- New York, on its 50th anniversary. The ON 225TH ANNIVERSARY maining superpower, and freedom and democ- Queensview Inc. opened on June 3, 1950 in racy superpower, and freedom and democracy Long Island City, Queens, as a result of the HON. PAUL E. KANJORSKI are thriving around the globe. To be sure, lack of affordable housing for middle class OF PENNSYLVANIA many people still do not breathe free, but the residents in the New York City area. Although IN THE HOUSE OF REPRESENTATIVES progress we have made is truly remarkable, and those National Guard citizen soldiers who the concept of living in a cooperative housing Thursday, October 12, 2000 complex was a new one, the effort made by have served in the defense of our nation and the Queensview Inc.'s founders kept middle Mr. KANJORSKI. Mr. Speaker, I rise today the cause of freedom helped to make this pos- class families from having to leave New York to pay tribute to the 109th Field Artillery of the sible. In addition to honoring their service in Pennsylvania National Guard on the occasion City. wartime, it is especially important to honor of its 225th anniversary. their service in peacetime emergencies and Queensview, which consists of 14 buildings The 109th is one of the oldest organizations disasters. on 14 acres of park-like land, was conceived in continuous existence in the entire Armed Mr. Speaker, I join a grateful Wyoming Val- through the efforts of shareholders who Force. It was organized under Colonel ley in honoring all those who have served in agreed to pay $2,500 for unseen apartments Zebulon Butler on Oct. 17, 1775, just six the 109th Field Artillery in its 225 years of ex- and the city of New York, which provided both months after the ``shot heard `round the world'' istence, and I am pleased to call their service reclaimed land as well as a partial tax exemp- at Concord and Lexington sparked the Amer- to the attention of the House of Representa- tion for 25 years. For the past 50 years, ican Revolution. tives. Queensview residents have lived in coopera- Since then, the 109th has served the local f tion with each other in a wonderful environ- community, the Commonwealth of Pennsyl- ment in which to raise a family. The fact that vania and the nation through many conflicts SOUTH AMERICA HAS SUFFERED FROM WHITE HOUSE NEGLECT 627 of the first Queensview families continue and emergencies. to reside in the complex attests to the success Although founded as an infantry unit, the of the Queensview complex. regiment alternated between infantry and artil- HON. PHILIP M. CRANE lery throughout the 18th and 19th centuries. OF ILLINOIS This extraordinary housing complex, con- Under various designations, the unit fought not IN THE HOUSE OF REPRESENTATIVES structed at the conclusion of World War II as only in the war for America's independence, Thursday, October 12, 2000 families began settling New York City's outer but also in most of the nation's major wars. boroughs, has devoted itself to improving the Mr. Speaker, the history of the 109th in bat- Mr. CRANE. Mr. Speaker, I wish to call to quality of life for its residents, enabling them to tle is a long, brave and distinguished one. To the urgent attention of my colleagues an im- build lives of dignity and self worth. give just one example, the unit fought in the portant article in the October 6, 2000, Wall Queensview's conception resulted from the Battle of the Bulge in World War II, striving Street Journal, entitled, ``South America Has tireless efforts of many prominent citizens who valiantly to halt the German offensive in the Suffered From White House Neglect,'' by were greatly concerned with improving the Ardenesse. Once its guns were destroyed, the David Malpass, who is the Chief Economist at standard of living of the burgeoning American 109th fought as infantry, often in vicious hand- Bear Stearns. middle class. Their efforts not only greatly im- to-hand combat. For its valor, the battalion This must-read article spells out this admin- proved the quality of life for the residents of was awarded a Presidential Unit Citation, the istration's culpability in the disastrous role Queensview, but they also prevented the resi- highest decoration a unit can receive. It is au- which U.S. policy gurus, the International Mon- dents from being forced to relocate out of New thorized for wear by all current members of etary Fund and the World Bank have played York City due to financial hardship. Had it not the battalion. in the rapid decline in the economies of our been for the founders of Queensview, many of The sacrifice of the members of the 109th Latin American neighbors. the most prominent residents of Queens would extended to the Korean War era as well. On Malpass points out that the 1990s ``began not remain in the area today. Sept. 11, 1950, at Coshocton, Ohio, 33 mem- with a vision of free trade across the Western bers of the 109th Pennsylvania National Hemisphere launched with the completion of Mr. Speaker, I am proud today to honor and Guard, who had been called into service in the the North American Free Trade Agree- commend those original founders of the Korean War, were killed in a train wreck and ment. . . .'' After NAFTA's implementation, Queensview Inc. If not for their foresighted in- scores were wounded. During the remainder he writes, there was ``reason to believe that terest in the well-being of many World War II of the war, the battalion, along with the 28th the U.S. would lead the region toward trade veterans and their families, many residents of Infantry Division, served in Europe as part of liberalization.'' my district would not have realized the Amer- the defenses against the Soviet army. Unfortunately, as the decade progressed the ican Dream. In 1977, the unit assumed its current des- U.S. role in the region ``turned destructive.'' The Queensview community deserves a ignation as the 1st Battalion, 109th Field Artil- Washington promoted weak currencies, high moment of recognition because so many peo- lery. It is a component of the 28th Infantry Di- tax rates, IMF-style austerity, and big govern- ple's lives have changed as a result of this ex- vision (Mechanized), Pennsylvania National ment, Malpass observes, ``ignoring the result- ing poverty and political stress.'' Further, U.S. ceptional cooperative living complex. I sin- Guard. With an authorized strength of more than 600 members and more than $50 million opposition to regional currency stability and its cerely hope that the families of those original worth of equipment, the battalion is a crucial insistence on special labor and environmental Queensview founders can enjoy the coopera- community asset for dealing with emergencies standards resulted in inflation in Latin America tive living experience at Queensview for an- and natural disasters. It is also a key wartime and a sharp rise in poverty. other 50 years. resource, since the National Guard comprises The writer observes that the Clinton-Gore more than half of the entire Army's field artil- administration has ``wasted a decade of U.S. f lery force. The 109th also pumps more than prosperity, making no real effort to share the $3 million into the local economy each year. U.S. techniques of prosperity with our neigh- PERSONAL EXPLANATION Mr. Speaker, I am pleased and honored to bors.'' He concludes that ``the coming U.S. have been asked to serve as honorary chair- election offers Latin America the chance for an man of the community dinner that is being end to the eight-year vacuum in U.S. policy.'' HON. ASA HUTCHINSON held Oct. 13 to honor the unit for its long and I urge my colleagues to read this important OF ARKANSAS distinguished service to the Wyoming Valley article carefully. and the nation. The chairperson for the dinner IN THE HOUSE OF REPRESENTATIVES [From the Wall Street Journal, Oct. 6, 2000] is Colonel Keith Martin, and the scheduled SOUTH AMERICA HAS SUFFERED FROM WHITE Thursday, October 12, 2000 speakers are Medal of Honor winner Peter HOUSE NEGLECT Lemon and reigning Miss America Heather (By David Malpass) Mr. HUTCHINSON. Mr. Speaker, on rollcall French. As Latin America prepares for a new presi- vote No. 514, rollcall vote No. 516, rollcall vote As befits such a milestone anniversary, the dent of the United States, it is right to hope No. 517, and rollcall vote No. 518 on Friday, dinner is just one of a series of events sched- for an improvement in U.S. policies toward October 6, I was inadvertently detained. Had uled for the weekend, including an open the region. Chief among these would be a se- I been present I would have voted ``aye.'' house at the armory. rious free trade agenda and an end to force-

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00027 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.080 pfrm04 PsN: E13PT1 E1796 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 2000 feeding the region International Monetary types of taxes for the development of sound sank and rural poverty rose to 54% in 1997 Fund austerity programs. financial markets. While Europe is turning from 45% in 1980. The 1990s began with a vision of free trade to tax cuts to bolster its competitiveness, The coming U.S. election offers Latin across the Western Hemisphere, launched the Washington elite has pushed Latin America the chance for an end to the eight- with the completion of the North American America forcefully into higher tax rates and year vacuum in U.S. policy. The Clinton- Free Trade Agreement at the end of the Bush militant revenue extraction. Gore administration has wasted a decade of administration and President Clinton’s sig- The U.S. policy failure toward Latin Amer- U.S. prosperity, making no real effort to nature on the 1993 enabling legislation. Hem- ican extends beyond the economy to the core share the U.S. techniques of prosperity with ispheric free trade offered a chance to ex- of our national heritage. After President our neighbors. The policy vacuum has hurt pand the economic pie dramatically during Clinton’s September 1999 meeting with Ven- both the U.S. and Latin America and de- the decade. With U.S. unemployment falling ezuelan President Hugo Chavez, the adminis- serves to be corrected. A U.S. policy built on toward 4% and Nafta a notable success, there tration said ‘‘we are more confident about free trade, stable currencies, lower tax rates, was reason to believe that the U.S. would him.’’ Mr. Chavez returned to Venezuela to smaller government, more economic freedom lead the region toward trade liberalization. finalize a new, power-centralizing constitu- and a genuine interest in Latin America’s International trade was at the core of the tion that would be anathema to Americans, success would begin to undo the damage. U.S. economic breakout of the 1980s, and and methodically embraced Fidel Castro as a Latin America hoped to become a partner. Latin role model. f But beyond rhetoric and a summit full of The vacuum in U.S. international policy is promises, the U.S. basically lost its interest equally apparent in energy issues. By 2000, HONORING RICK SHEETS in Latin America. The Clinton administra- Mr. Chavez became OPEC’s cheerleader for tion offered no follow-though on the free expensive oil, joining Saddam Hussein in trade vision, no substitute vision, and barely Bagdad to discuss strategy. It is inexplicable an apology. The free-trade vision morphed HON. SCOTT McINNIS that Mexico, a Nafta partner, participated into fair trade, code language for maintain- OF COLORADO actively in OPEC quotas in 1999. The U.S. ing the status quo. U.S. demands for special IN THE HOUSE OF REPRESENTATIVES and Mexico should work closely together to labor and environmental standards as condi- develop new North American energy re- Thursday, October 12, 2000 tions for an agreement effectively ruled out sources, an undertaking that would be U.S.-led trade liberalization. Latin Amer- Mr. MCINNIS. Mr. Speaker, it is with great hugely profitable for Mexico and would less- ica’s disappointment at U.S. indifference en U.S. dependence on OPEC. sadness that I take this moment to celebrate deepened, as U.S. promises of trade and en- the life of Rick Sheets. Rick, a popular radio gagement proved hollow. The 1990s began auspiciously for Latin As the decade progressed, the U.S. role in American currencies with the establishment personality, recently passed away at age 45. the region turned destructive. Washington’s of Argentina’s currency board. Inflation fell, For many years Rick has entertained the peo- policy gurus promoted weak currencies, high and both the economy and financial markets ple of western Colorado, whether it be joking tax rates and big government, ignoring the surged. The brain drain that had plagued Ar- around during his radio spots or rooting for the resulting poverty and political stress. A gentina for years reversed as business school Denver Broncos. As family, friends, and col- cycle of damage, financial crises and flat- graduates headed back home to build compa- leagues mourn this incredible loss, I would like footed U.S. responses ensued. The U.S. nies. Soon, however, the U.S. administration’s to pay tribute to this remarkable human being. dragged its feet on IMF/World Bank reform Rick was known to his listeners as Rick and proposed no pro-growth model for inter- opposition to regional currency stability as- national development. Colombia’s civil war serted itself, leaving Argentina the odd coun- Lawrence. For over two decades he enter- worsened, fed by bad economic policies, high try out. The Clinton administration and the tained listeners of the Grand Valley. He has inflation and U.S. disinterest. IMF, working closely together, declined to worked in a number of different capacities for Through its own efforts, Latin America work for currency stability in Russia, many different radio stations throughout west- has had some important successes in the last Venezeula, Mexico, Brazil, South Africa, or ern Colorado. He began with KEXO±AM then decade, including Mexico’s 2000 election and Southeast Asia. This culminated in their on to KSTR±AM and FM and most recently outright rejection of a currency board in In- Brazil’s quick return to a stable currency with Mustang Country 95.1 and KOOL 107.9. after its 1999 devaluation. But the 1990s donesia in early 1998 and the Russian default should have been much better for the region later that year. The U.S. intoned that ‘‘a Throughout his tenure in radio, he was best given the strength of the U.S. economy and strong dollar is in our national interest,’’ but known for his dedication to Broncos' football the high hopes of 1992 and 1993. did nothing to share this approach abroad. where he earned the nickname Doc Bronco. Latin America’s growth is now well short Ecuador has recently dollarized, embracing a Rick's reputation on the air was exceptional of its potential, leaving millions unemployed foreign currency in the hope that its grind- but it was his work in the community that will and impoverished. Worse yet, because many ing fall into poverty will stop. But in Ecua- be long remembered. He served as a Partners of these countries defended their anti-mar- dor’s words, the IMF’s only role in this volunteer and used his on-air experience to ket policies in IMF-speak and Washington’s progress was to do no further harm. ‘‘no-pain, no-gain’’ view that capitalism The result of the weak-currency policies of work as a television auctioneer for over ten should hurt, disillusioned populations are the 1990s was predictable. The poor could not years. He was a well-known supporter of the now blaming free-markets for their declining protect themselves from the ensuing infla- March of Dimes, giving a number of on-air circumstances. tion and the middle class fell backward, interviews and also worked with the Bronco Rather than free trade, the administration undoing years of hard work. Latin American Youth Foundation. championed IMF-style austerity for Latins. poverty grew sharply. The World Bank found Rick entertained and served the community No tax rate was too high, as witnessed by ‘‘no clear evidence of progress in reducing of Grand Junction in immeasurable ways. His President Clinton’s outspoken support of Ar- poverty’’ in the 1990s, counting 183 million gentina’s failing experiment with tax hikes people living on less than $2 per day in 1998, work with Colorado's youth will not soon be and a broad-based 21% value-added tax. In up from 162 million in 1993. A United Nations forgotten. Rick served his community well and places like Brazil, Ecuador and Colombia, study found that 51% of rural Latin house- his loving memory will live on in the hearts of the U.S. and IMF have encouraged financial holds lived in poverty in 1997. In Colombia, all that had the pleasure of knowing him, both transaction taxes, one of the most harmful where civil war threatened, the currency on the air and off. He will be greatly missed.

VerDate 112000 03:41 Oct 14, 2000 Jkt 089060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.084 pfrm04 PsN: E13PT1 Friday, October 13, 2000 Daily Digest Senate Conservancy District, Utah, to use Weber Basin Chamber Action Project facilities for the impounding, storage, and Routine Proceedings, pages S10517–S10604 carriage of nonproject water for domestic, municipal, Measures Introduced: Two bills and two resolu- industrial, and other beneficial purposes, clearing the tions were introduced, as follows: S. 3206–3207, and measure for the President. Page S10528 S. Con. Res. 151–152. Page S10590 Minidoka Reclamation Project: Senate passed Measures Passed: H.R. 3577, to increase the amount authorized to be Bend Feed Canal Pipeline Project Act: Senate appropriated for the north side pumping division of passed S. 2425, to authorize the Bureau of Reclama- the Minidoka reclamation project, Idaho, clearing tion to participate in the planning, design, and con- the measure for the President. Page S10528 struction of the Bend Feed Canal Pipeline Project, Denver Water Reuse Project: Senate passed S. Oregon, after agreeing to a committee amendment. 1848, to authorize the Secretary of the Interior, pur- Pages S10526±27 suant to the Reclamation Wastewater and Ground- Fish Recovery in Upper Colorado and San Juan water Study and Facilities Act, to participate in the River Basins: Senate passed H.R. 2348, to authorize design, planning, and construction of the Denver the Bureau of Reclamation to provide cost sharing Water Reuse project, after agreeing to a committee for the endangered fish recovery implementation pro- amendment in the nature of a substitute. Page S10528 grams for the Upper Colorado and San Juan River Truckee Watershed Reclamation Project: Senate Basins, clearing the measure for the President. passed S. 2195, to authorize the Secretary of the In- Page S10527 terior, pursuant to the provisions of the Reclamation Duchesne City Water Rights Conveyance Act: Wastewater and Groundwater Study and Facilities Senate passed H.R. 3468, to direct the Secretary of Act, to participate in the design, planning, and con- the Interior to convey certain water rights to struction of the Truckee watershed reclamation Duchesne City, Utah, clearing the measure for the project for the reclamation and reuse of water, after President. Page S10527 agreeing to a committee amendment in the nature Mancos Water Conservancy: Senate passed S. of a substitute. Page S10528 2594, to authorize the Secretary of the Interior to Lakehaven Water Reclamation Project: Senate contract with the Mancos Water Conservancy Dis- passed S. 2301, to authorize the Secretary of the In- trict to use the Mancos Project facilities for im- terior, pursuant to the provisions of the Reclamation pounding, storage, diverting, and carriage of non- Wastewater and Groundwater Study and Facilities project water for the purpose of irrigation, domestic, Act, to participate in the design, planning, and con- municipal, industrial, and any other beneficial pur- struction of the Lakehaven water reclamation project poses, after agreeing to a committee amendment. for the reclamation and reuse of water, after agreeing Page S10527 to a committee amendment in the nature of a sub- Water Resources in Salmon Creek: Senate passed stitute. Pages S10528±29 S. 2951, to authorize the Secretary of the Interior to Oregon River Basin Water Optimization: conduct a study to investigate opportunities to bet- Senate ter manage the water resources in the Salmon Creek passed S. 2877, to authorize the Secretary of the In- watershed of the upper Columbia River, after agree- terior to conduct feasibility studies on water optimi- zation in the Burnt River basin, Malheur River ing to committee amendments. Pages S10527±28 basin, Owyhee River basin, and Powder River basin, Weber Basin Project Contracts: Senate passed Oregon, after agreeing to a committee amendment. H.R. 3236, to authorize the Secretary of the Interior Page S10529 to enter into contracts with the Weber Basin Water D1078

VerDate 11-MAY-2000 03:53 Oct 14, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D13OC0.REC pfrm02 PsN: D13OC0 October 13, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1079 Nampa and Meridian Irrigation Facilities Con- the bill was then passed, clearing the measure for the veyance: Senate passed S. 3022, to direct the Sec- President. Page S10542 retary of the Interior to convey certain irrigation fa- Water Exchange at Chandler Pumping Plant: cilities to the Nampa and Meridian Irrigation Dis- Committee on Energy and Natural Resources was trict, after agreeing to a committee amendment in discharged from further consideration of H.R. 3986, the nature of a substitute. Page S10529 to provide for a study of the engineering feasibility Reclamation Reform Collections Refund: Senate of a water exchange in lieu of electrification of the passed S. 1697, to authorize the Secretary of the In- Chandler Pumping Plant at Prosser Diversion Dam, terior to refund certain collections received pursuant Washington, and the bill was then passed, clearing to the Reclamation Reform Act of 1982, after agree- the measure for the President. Page S10542 ing to a committee amendment in the nature of a Enrollment Correction: Senate agreed to S. Con. substitute. Page S10529 Res. 151, to make a correction in the enrollment of Klamath Project Feasibility Studies: Senate the bill H.R. 2348. Page S10543 passed S. 2882, to authorize Bureau of Reclamation to conduct certain feasibility studies to augment Million Family March: Senate agreed to H. Con. water supplies for the Klamath Project, Oregon and Res. 423, authorizing the use of the Capitol California, after agreeing to a committee amendment Grounds for the Million Family March. Page S10543 in the nature of a substitute. Pages S10529±30 Rails to Resources Act: Senate passed S. 2253, to Dakota Water Resources Act: Senate passed S. authorize the establishment of a joint United States- 623, to amend Public Law 89–108 to increase au- Canada commission to study the feasibility of con- thorization levels for State and Indian tribal, munic- necting the rail system in Alaska to the North ipal, rural, and industrial water supplies, to meet American continental rail system, after agreeing to a current and future water quantity and quality needs committee amendment in the nature of a substitute. of the Red River Valley, to deauthorize certain Pages S10543±44 project features and irrigation service areas, to en- Syrian Nationals Status: Senate passed H.R. hance natural resources and fish and wildlife habitat, 4681, to provide for the adjustment of status of cer- after agreeing to committee amendments, and the tain Syrian nationals, clearing the measure for the following amendment proposed thereto: President. Pages S10544±45 Pages S10530±38 Lott (for Conrad) Amendment No. 4317, to make McKinney-Vento Homeless Assistance Act: Senate passed H.R. 5417, to rename the Stewart B. McKin- certain modifications. Page S10530 ney Homeless Assistance Act as the ‘‘McKinney- Palmetto Bend Conveyance Act: Senate passed S. Vento Homeless Assistance Act’’, clearing the meas- 1474, providing conveyance of the Palmetto Bend ure for the President. Page S10545 project to the State of Texas, after agreeing to a committee amendment in the nature of a substitute, National Police Athletic League Youth Environ- and the following amendment proposed thereto: ment Act: Senate passed H.R. 3235, to improve aca- Pages S10538±40 demic and social outcomes for youth and reduce Lott (for Murkowski) Amendment No. 4318, to both juvenile crime and the risk that youth will be- make certain technical corrections. PageS10593 come victims of crime by providing productive ac- tivities conducted by law enforcement personnel dur- Northern Colorado Water Conservancy: Senate ing non-school hours, clearing the measure for the passed H.R. 4389, to direct the Secretary of the In- President. Pages S10545±46 terior to convey certain water distribution facilities to the Northern Colorado Water Conservancy Dis- Presidential Threat Protection Act: Senate passed trict, clearing the measure for the President. H.R. 3048, to amend section 879 of title 18, United Page S10542 States Code, to provide clearer coverage over threats against former Presidents and members of their fam- Irrigation District Conveyance: Committee on Energy and Natural Resources was discharged from ilies, after agreeing to the following amendment pro- further consideration of H.R. 2984, to direct the posed thereto: Pages S10546±50 Secretary of the Interior, through the Bureau of Rec- Lott (for Hatch) Amendment No. 4319, to make lamation, to convey to the Loup Basin Reclamation certain modifications. Pages S10546±50 District, the Sargent River Irrigation District, and Enrollment Correction: Senate agreed to H. Con. the Farwell Irrigation District, Nebraska, property Res. 409, directing the Clerk of the House of Rep- comprising the assets of the Middle Loup Division resentatives to make corrections in the enrollment of of the Missouri River Basin Project, Nebraska, and the bill H.R. 1654. Pages S10550±51

VerDate 11-MAY-2000 03:53 Oct 14, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D13OC0.REC pfrm02 PsN: D13OC0 D1080 CONGRESSIONAL RECORD — DAILY DIGEST October 13, 2000 Federal Employees Health Benefit Children’s istration and Related Agencies programs for the fis- Equity: Committee on Governmental Affairs was cal year ending September 30, 2001. Pages S10518±26 discharged from further consideration of H.R. 2842, Senate will resume consideration of the conference to amend chapter 89 of title 5, United States Code, report on Tuesday, October 17, 2000. concerning the Federal Employees Health Benefits Fort Peck Reservation Rural Water System Act: (FEHB) Program, to enable the Federal Government Senate concurred in the amendment of the House to to enroll an employee and his or her family in the S. 624, to authorize construction of the Fort Peck FEHB Program when a State court orders the em- Reservation Rural Water System in the State of ployee to provide health insurance coverage for a Montana, clearing the measure for the President. child of the employee but the employee fails to pro- Pages S10540±41 vide the coverage, and the bill was then passed, clearing the measure for the President. NASA Authorization Conference Report: Senate Pages S10551±52 agreed to the conference report on H.R. 1654, to au- thorize appropriations for the National Aeronautics Pribilof Islands Transition: Committee on Com- and Space Administration for fiscal years 2000, merce, Science, and Transportation was discharged 2001, and 2002, clearing the measure for the Presi- from further consideration of H.R. 3417, to com- dent. Pages S10550±51 plete the orderly withdrawal of the National Oceanic and Atmospheric Administration from the civil ad- Messages From the House: Pages S10589±90 ministration of the Pribilof Islands, Alaska, and the Communications: Page S10590 bill was then passed, after agreeing to the following Statements on Introduced Bills: Pages S10590±91 amendment proposed thereto: Pages S10552±55 Lott (for Snowe/Kerry) Amendment No. 4320, to Additional Cosponsors: Page S10591 reauthorize the Coastal Zone Management Act and Amendments Submitted: Pages S10592±S10603 the Atlantic Striped Bass Conservation Act. Notices of Hearings: Page S10603 Page S10552 Commercial Space Transportation Competitive- Additional Statements: Page S10588 ness: Committee on Commerce, Science, and Trans- Privileges of the Floor: Page S10603 portation was discharged from further consideration Recess: Senate convened at 10 a.m., and recessed at of H.R. 2607, to promote the development of the 12:07 p.m., until 9:30 a.m., on Tuesday, October commercial space transportation industry, to author- 17, 2000. (For Senate’s program, see the remarks of ize appropriations for the Office of the Associate Ad- the Majority Leader in today’s Record on page ministrator for Commercial Space Transportation, to S10604.) authorize appropriations for the Office of Space Commercialization, and the bill was then passed, after agreeing to the following amendment proposed Committee Meetings thereto: Pages S10555±56 Lott (for McCain/Frist) Amendment No. 4321, to (Committees not listed did not meet) promote the development of the commercial space U.S. SENTENCING COMMISSION transportation industry. Pages S10555±56 Trade and Technical Corrections: Senate passed Committee on the Judiciary: Subcommittee on Criminal H.R. 4868, to amend the Harmonized Tariff Sched- Justice Oversight concluded oversight hearings to ule of the United States to modify temporarily cer- examine the recent actions and agenda of the United tain rates of duty, to make other technical amend- States Sentencing Commission, and the implementa- ments to the trade laws, after agreeing to a com- tion of the Federal Sentencing Guidelines within the mittee amendment in the nature of a substitute. federal criminal system, after receiving testimony Pages S10556±83 from Diana E. Murphy, Chair, and John R. Steer, Vice-Chair, both of the United States Sentencing Enrollment Correction: Senate agreed to S. Con. Commission; Laird Kirkpatrick, Counsel to the As- Res. 152, to make a technical correction in the en- sistant Attorney General, Criminal Division, Depart- rollment of the bill H.R. 4868. Page S10583 ment of Justice; Carmen D. Hernandez, National As- Agriculture Appropriations Conference Report: sociation of Criminal Defense Lawyers, Washington, Senate began consideration of the conference report D.C.; and William G. Otis, Falls Church, Virginia, on H.R. 4461, making appropriations for Agri- former Assistant U.S. Attorney for the Eastern Dis- culture, Rural Development, Food and Drug Admin- trict of Virginia.

VerDate 11-MAY-2000 03:53 Oct 14, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D13OC0.REC pfrm02 PsN: D13OC0 October 13, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1081 House of Representatives by the government as a result of timber sale contract can- Chamber Action cellations, 3 p.m., SD–366. The House was not in session today. The House Committee on the Judiciary: October 18, business meeting will next meet at 2 p.m. on Monday, October 16 in to markup S. 1020, to amend chapter 1 of title 9, United pro forma session. States Code, to provide for greater fairness in the arbitra- tion process relating to motor vehicle franchise contracts; Committee Meetings and to consider a committee resolution for personal ap- No Committee meetings were held. pearance subpoena pursuant to Rule 26 to the Depart- ment of Energy regarding Secretary Richardson, 10 a.m., f SD–226. CONGRESSIONAL PROGRAM AHEAD House Chamber Week of October 16 through October 21, 2000 To Be Announced. Senate Chamber House Committees On Monday, Senate will not be in session. On Tuesday, Senate will resume consideration of Committee on Commerce, October 19, Subcommittee on the Conference Report on H.R. 4461, Agriculture Energy and Power, hearing on Strategic Petroleum Re- Appropriations. serve: A Closer Look at the Drawdown, 9 a.m., 2123 On Wednesday, Senate will resume consideration of Rayburn. the Conference Report on H.R. 4461, Agriculture Committee on Education and the Workforce, October 20, hearing on ‘‘Waste, Fraud and Program Implementation Appropriations, with a vote to occur thereon at at the U.S. Department of Education,’’ 10 a.m., 2175 11:30 a.m. Rayburn. During the remainder of the week, Senate expects Committee on Government Reform, October 17, Sub- to consider any other cleared legislative and execu- committee on Government Management, Information, tive business, including appropriation bills and con- and Technology, hearing on the ‘‘Freedmen’s Bureau ference reports, when available. Records Preservation Act: Are These Reconstruction Era Senate Committees Records Being Protected?’’ 10 a.m., 2154 Rayburn. October 18, full Committee, to consider the following (Committee meetings are open unless otherwise indicated) draft reports entitled: ‘‘The Tragedy at Waco: New Evi- Committee on Energy and Natural Resources: October 19, dence Examined;’’ ‘‘Janet Reno’s Stewardship of the Jus- to hold oversight hearings on the Department of Energy’s tice Department: A Failure to Serve the Ends of Justice;’’ decision to release 30 million barrels of crude oil from and ‘‘Management Practices at the Office of Workers’ the strategic petroleum reserve and the bid process used Compensation Programs, U.S. Department of Labor,’’ 1 to award contracts regarding the same, 9:30 a.m., p.m., 2154 Rayburn. SH–216. Committee on International Relations, October 18, hearing October 19, Full Committee, to hold oversight hear- on Developments in Western Europe, 10 a.m., 2172 Ray- ings on potential timber sale contract liability incurred burn.

VerDate 11-MAY-2000 03:53 Oct 14, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D13OC0.REC pfrm02 PsN: D13OC0 D1082 CONGRESSIONAL RECORD — DAILY DIGEST October 13, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, October 17 2 p.m., Monday, October 16

Senate Chamber House Chamber Program for Tuesday: Senate will resume consideration Program for Monday: Pro Forma Session. of the Conference Report on H.R. 4461, Agriculture Ap- propriations.

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Eddie Bernice, Tex., E1779, E1783 Pelosi, Nancy, Calif., E1779, E1783 Kanjorski, Paul E., Pa., E1795 Radanovich, George, Calif., E1782 Barcia, James A., Mich., E1773 Kennedy, Patrick J., R.I., E1785 Rahall, Nick J., II, West Va., E1793 Capps, Lois, Calif., E1774 Kolbe, Jim, Ariz., E1789 Reynolds, Thomas M., N.Y., E1790 Capuano, Michael E., Mass., E1786 Kucinich, Dennis J., Ohio, E1790 Rodriguez, Ciro D., Tex., E1780, E1783 Cardin, Benjamin L., Md., E1785, E1786 Lampson, Nick, Tex., E1785 Ros-Lehtinen, Ileana, Fla., E1772 Clayton, Eva M., N.C., E1789 Lantos, Tom, Calif., E1779, E1780 Sanchez, Loretta, Calif., E1789 Clement, Bob, Tenn., E1773 Lee, Barbara, Calif., E1774, E1790 Shuster, Bud, Pa., E1774 Clyburn, James E., S.C., E1786 Levin, Sander M., Mich., E1771 Skeen, Joe, N.M., E1777 Crane, Philip M., Ill., E1795 Lewis, Jerry, Calif., E1773 Skelton, Ike, Mo., E1770 Davis, Danny K., Ill., E1789 Lipinski, William O., Ill., E1769, E1770 Smith, Christopher H., N.J., E1774 DeLay, Tom, Tex., E1784 McCarthy, Karen, Mo., E1781, E1783 Spence, Floyd, S.C., E1794 DeMint, Jim, S.C., E1770 McInnis, Scott, Colo., E1769, E1770, E1771, E1772, Stark, Fortney Pete, Calif., E1792 Emerson, Jo Ann, Mo., E1776 E1773, E1774, E1775, E1777, E1778, E1796 Stump, Bob, Ariz., E1784 Eshoo, Anna G., Calif., E1785 Maloney, Carolyn B., N.Y., E1794, E1794 Tancredo, Thomas G., Colo., E1776 Frost, Martin, Tex., E1771 Markey, Edward J., Mass., E1778 Tauscher, Ellen O., Calif., E1782 Gephardt, Richard A., Mo., E1769 Menendez, Robert, N.J., E1788 Toomey, Patrick J., Pa., E1778 Gilman, Benjamin A., N.Y., E1791 Millender-McDonald, Juanita, Calif., E1782, E1784 Underwood, Robert A., Guam, E1777 Granger, Kay, Tex., E1775 Morella, Constance A., Md., E1790 Upton, Fred, Mich., E1775 Hall, Ralph M., Tex., E1769, E1771 Myrick, Sue Wilkins, N.C., E1790 Wise, Robert E., Jr., West Va., E1772 Hunter, Duncan, Calif., E1776 Norton, Eleanor Holmes, D.C., E1786 Wolf, Frank R., Va., E1772 Hutchinson, Asa, Ark., E1794, E1795 Pallone, Frank, Jr., N.J., E1788 Young, Don, Alaska, E1791 Inslee, Jay, Wash., E1787 Pastor, Ed, Ariz., E1794

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