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

Vol. 146 WASHINGTON, TUESDAY, SEPTEMBER 5, 2000 No. 101 House of Representatives The House was not in session today. Its next meeting will be held on Wednesday, September 6, 2000, at 2 p.m. Senate TUESDAY, SEPTEMBER 5, 2000

The Senate met at 12:02 p.m. and was PLEDGE OF ALLEGIANCE than appropriations bills on which we called to order by the President pro The Honorable MIKE ENZI, a Senator will be working. So we have a lot of tempore [Mr. THURMOND]. from the State of Wyoming, led the work we are going to need to consider. Pledge of Allegiance as follows: Today, the Senate will have a period PRAYER I pledge allegiance to the Flag of the of morning business prior to the 12:30 United States of America, and to the Repub- p.m. recess for weekly party con- The Chaplain, Dr. Lloyd John lic for which it stands, one nation under God, ferences and meetings. When the Sen- Ogilvie, offered the following prayer: indivisible, with liberty and justice for all. ate reconvenes at 2:15 p.m., it will Lord of all life, we praise You that f begin postcloture debate on the motion there is no division between the sacred RECOGNITION OF THE MAJORITY to proceed to the China PNTR legisla- and the secular. You have created all LEADER tion. Those Senators who wish to make things to praise You and our work to statements are encouraged to notify glorify You. Forgive us when we forget The PRESIDING OFFICER (Mr. the bill managers. Hopefully, a lot of that what is said and done here in this ENZI). The Chair recognizes the major- Senators who wish to speak on the Chamber is as sacred as what is done in ity leader. China trade issue will take advantage a sanctuary of a synagogue or in a Mr. LOTT. I thank the Chair. of the time today, and we will go to as church. Whatever belongs to You is sa- f late as possibly 6 p.m., although we cred. This Nation, this Senate, the SCHEDULE may be prepared to go a little bit ear- women and men who serve as Senators, lier than that if our colleagues have and all of us who work with them and Mr. LOTT. Mr. President, first, I made their statements and we can get for them belong first and foremost to would like to welcome all of my col- agreement to do that. But at least at 6 You. You are our Judge. We are ac- leagues and our staff back from the Au- p.m. the Senate will begin consider- countable to You. Forgive us when we gust period when we had time to be ation of the energy and water appro- trade political greatness for petulant with our families and our friends and priations bill with amendments in gamesmanship, when words are used to our constituents. We are inspired by order. criticize others rather than commu- the Chaplain’s prayer and ready, I am nicate truth about issues, when party sure, for a lot of good work. As I have As a reminder, we will be considering spirit is more important than being visited with some of my colleagues al- these two bills on a dual track party to Your Spirit, when winning the ready, I see that they look mighty throughout the week with the motion election in November becomes more rested and ready for a busy legislative to proceed to the China trade bill being crucial than nonpartisan winning of period, and I think they are probably considered during the day and the ap- what’s best for our Nation in the votes going to need to be. We still have to propriations bill or bills being consid- to be cast in the Senate. Bless the Sen- complete action on five appropriations ered at night. So votes could still occur ators in this busy season. Fill this measures, as well as conference reports if we move toward the time when we Chamber with Your sovereign presence, as they become available. could need to have a vote today, but the Senators’ minds with Your wisdom, In addition, there are a number of certainly during the day on Tuesday, and their hearts with concern for each other legislative matters we hope to Wednesday, Thursday, and possibly other. May debate greater expose truth finish as we move toward the adjourn- Friday morning we will be having votes and votes coincide with both con- ment period of the Congress. We have on the appropriations amendments science and conviction. This is the day some bills we hope to take up free- that are offered at night or on China You have made; we will rejoice and glo- standing in the Senate, and, of course, PNTR when amendments become avail- rify You in it. Amen. we have some conference reports other able.

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

S7959

.

VerDate 11-MAY-2000 00:40 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.000 pfrm02 PsN: S05PT1 S7960 CONGRESSIONAL RECORD — SENATE September 5, 2000 So there will be long days, but we of lots of forest fires, which, of course, should. I just end by saying I hope we will do our best to keep Senators ad- have been very destructive. We need to can address ourselves to the issues that vised after communicating with the take a long look at that, starting, of are out there and not put ourselves off leadership on both sides of the aisle course, in commending the people who creating issues rather than resolving what the schedule will be. I hope we have worked so hard and risked so them. It seems to me that is our chal- can make good progress and complete much to be able to control those fires lenge. We have the opportunity to do this appropriations bill and move to and have done the very best job that that in the next several weeks. another one later on this week or early could be done. Mr. President, I yield the floor. next week. On the other hand, we have to take a The PRESIDING OFFICER. The f look at the policy that has to do with Chair recognizes the Senator from the control and the management of re- North Dakota. MEASURES PLACED ON CAL- sources, in this case particularly the f ENDAR—H.R. 728, H.R. 1102, H.R. management of forests. I submit to you 1264, H.R. 2348, H.R. 3048, H.R. 3468, there does need to be management; un- ISSUES BEFORE THE 106TH H.R. 4033, H.R. 4079, H.R. 4201, H.R. less we want nature’s way of reducing CONGRESS 4923, H.R. 4846, H.R. 4888, H.R. 4700, forests by fire, then we have to do it in Mr. DORGAN. Mr. President, my col- H.R. 4681, H.J. RES. 72 some other ways that can be used. So I league, the Senator from Wyoming, Mr. LOTT. Mr. President, I under- do hope we will have an opportunity said we have a lot to do. He is certainly stand there are a number of bills at the there, of course, to not only take a correct, we have a lot to do in about a desk due for their second reading. I ask look at the necessary funding that will 5-week sprint to the end of this 106th unanimous consent that the bills be be required in order to give the utmost Congress. considered read a second time and protection to those activities, but also I think all of us aspired to come to placed on the calendar en bloc. to seek to avoid this kind of repetition this Chamber because we want to get The PRESIDING OFFICER. Without in the future. things done for the American people. objection, it is so ordered. We will be talking, of course, about We want this country to be successful Mr. LOTT. I yield the floor. normal trade relations with the Peo- and to grow and prosper. We want to ple’s Republic of China and addition- address real problems. f ally, shortly thereafter, WTO entry for My hope is that we can find ways, be- RESERVATION OF LEADER TIME Taiwan. I hope both of those things can tween the political aisles, where Re- The PRESIDING OFFICER. Under happen, and happen shortly. We have publicans and Democrats can agree the previous order, the leadership time postponed this activity for a very long that there are things that need to be is reserved. time. done in this country and that we can I think most people understand that f do them together. I think that would if we are going to move forward in to- be a refreshing thing for the American MORNING BUSINESS day’s world, we are going to have to people to see. The PRESIDING OFFICER. Under move forward to seek to make some In the final 5 or 6 weeks of this Con- the previous order, there will now be a changes in mainland China. The best gress, we could probably take some ad- period for the transaction of morning way to do that is to have some rules vice from the Robert Frost poem, business not to extend beyond the hour laid out for them to be part of a world ‘‘Stopping By Woods On A Snowy of 12:30 p.m., with Senators permitted organization, such as the WTO, and Evening,’’ where Robert Frost says: to speak therein for up to 5 minutes begin to move forward to increase the The woods are lovely, dark, and deep, number of changes that have, indeed, But I have promises to keep, each. And miles to go before I sleep, Mr. THOMAS addressed the Chair. been made there. I think that is very important. It is And miles to go before I sleep. The PRESIDING OFFICER. The very important for our economy, but We have miles to go before we put Chair recognizes the senior Senator probably more so, it is important for this 106th Congress to bed. from Wyoming. the kinds of things we would like to What are these issues that we must Mr. THOMAS. I thank the Chair. have take place in China with regard to deal with before we finally adjourn this f human rights, with regard to economic Congress? LEGISLATIVE DIRECTION freedom, which are things we want to A Patients’ Bill of Rights. We have have happen today. So we will be mov- had so much discussion about the Pa- Mr. THOMAS. Mr. President, I appre- ing forward certainly on that. tients’ Bill of Rights in this Congress, ciate the opportunity to have a discus- We will have an opportunity to take and yet the Patients’ Bill of Rights sion as to where we are going in these another look at tax reductions for the languishes in a conference. Month after remaining, I guess, less than 20 days we taxpayers of this country in a couple of month after month, nothing gets done. have before us. Certainly, we have a areas that seem to me to be largely I know people have come to the floor of great deal to do, as the leader has based on fairness. For example, the the Senate and have said: Gee, we are pointed out. We have 13 appropriations marriage penalty, it is really very dif- making progress. But I say the dif- bills and just 2 that have been passed. ficult to understand how we can be op- ference between this conference com- So we have the responsibility, probably posed to making that fair. Two people mittee and a glacier is at least a gla- first of all, to deal with that to keep who are single, if you combine their in- cier moves an inch or so every decade. the Government moving forward in comes, are at a certain level, but if This conference committee is not able doing the kinds of things we must do to they were married, with the same level to make progress on a Patients’ Bill of ensure that programs in place now are of income, they would pay more in- Rights. funded. come taxes. That does not seem to be It seems to me, in the Senate and the There are a number of other things, right. Fairness ought to be one of the House we must say to this conference: of course, that will be talked about, a areas vital to taxation. We want to have a real Patients’ Bill of number of issues each of us, I suppose, The same could be applied to the es- Rights brought to the floor of the Sen- have heard a great deal about when we tate tax. As I suggested, our State of ate and the House and passed. were in our States. I come from a State Wyoming has lots of small businesses, I have told stories in relation to this in which nearly half the land belongs lots of farm and ranch families who on the floor of the Senate. It is prob- to the Federal Government. So you can have spent their lives—as did their ably useful to recount at least one imagine a good many of the things I predecessors—developing these kinds of story again as an example of why we heard about, and I am sure my partner assets. Under present law, when those need a Patients’ Bill of Rights. in the Chair heard about, have to do assets are subject to the death tax, we A woman fell off a cliff in the Shen- with the public lands issue, the idea of find they have to sell those lands in andoah mountains. After having fallen access, multiple use. order to make it work out. off the cliff, she was rendered uncon- We, of course, have had the great un- Mr. President, I sense that you are scious, with broken bones, with a con- fortunate experience during this time about ready to rap the gavel, as you cussion. Being unconscious, she was

VerDate 11-MAY-2000 00:08 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.004 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7961 taken by ambulance to an emergency economic ladder in this country have did teach Wyoming a few lessons. At room in a hospital. She was rolled in not kept up. We need to help them as the end of the game, Wyoming almost on a gurney, unconscious. She sur- well. Increasingly, they are women try- came back. They got a little overcon- vived. She had very significant inju- ing to raise families in single-parent fident and they got one touchdown be- ries, but she survived. households. We need to increase the hind and wound up losing. Therefore, Following that ordeal, she was re- minimum wage. We should do that. We today, I will be wearing an Auburn tie leased from the hospital to be told that can do that. and making some comments about the her emergency room expenses would We ought to write a new farm bill. fine program they have at Auburn. not be covered by the managed care or- Everybody understands the current I did get to teach part of an MBA ganization because she did not have farm bill has failed. My feeling is, if we class for executives who came in from prior approval for emergency room have the opportunity—and we should all over the United States to learn treatment. have the opportunity—in this Congress about the business of this country and This is someone who was hauled into to write a new farm bill, we ought to be how to better perform in business. It is the emergency room on a gurney, un- able to provide a decent safety net for a rather unique class. It has wider par- conscious. She was in a coma. She was those out there on America’s farms ticipation than most, and people are told by the insurance company: You who are struggling to make a living. required to have 8 years of experience did not have prior approval for emer- These issues and others—school mod- before they can take the class. So it gency room treatment. ernization, fixing what is wrong in edu- was a different level of master of busi- The Patients’ Bill of Rights is very cation—all of these things we can do, ness administration candidates than a simple. It says: A patient ought to and should do. We only have 5 or 6 person normally gets to talk to—again, have the right to know all of their weeks remaining. I hope all of us, in absorbing some of the lessons they are medical options for treatment, not just the spirit of bipartisanship, can decide learning through the questions that the cheapest. A patient ought to have these are the issues, these are the they ask. the right to emergency room treat- things that are important to the Amer- I was very impressed with the univer- ment when they have an emergency. ican people, these are the things that sity and the special programs they are There are a whole series of rights that will strengthen our country. offering. Of course, I had to be very im- patients ought to have when dealing Yes, we have miles to go before we pressed with their team. I am now one with their managed care organization. sleep, but we have the opportunity, in of the biggest supporters of Auburn There was the woman who cried one this setting, in this democracy, to outside of the State of Alabama, hop- day at a hearing that I held with my make these decisions for the benefit of ing they go undefeated in the rest of colleague from Nevada as she held up a the American people. the season, helping Wyoming in their picture of her 16-year-old son who had The PRESIDING OFFICER (Mr. power index and, of course, I hope Wyo- died. She told us that on her son’s THOMAS). The Senator’s time has ex- ming doesn’t lose another game this deathbed he said to her: Mom, how can pired. year. I am confident, because of the they do this to a kid like me? Through Mr. DORGAN. Mr. President, I yield level of competition involved in this tears, she held up the picture of her the floor. game, that that will be the case. I am young son who had died who had said: f proud of the players at the University Mom, how can they do this to a kid of Wyoming, and I look forward to a like me? ORDER OF PROCEDURE very entertaining year, as well as one That situation had forced this kid Mr. ENZI. Mr. President, I ask unani- of great production as they learn their and his family to fight the insurance mous consent that at 2:15 Senator lessons so they can be the ones who company to get the treatment he need- HELMS be recognized for up to 15 min- take over the jobs of this country. ed. They failed. He died. This was a kid utes to be followed by Senator CRAIG f who was told to fight cancer and fight for up to 1 hour, to be followed by Sen- the insurance company at the same ator HOLLINGS for up to 1 hour. I fur- COMPLETING THE WORK OF THE time. That is unfair. That is not a fair ther ask that Senator KENNEDY be rec- SENATE fight. ognized for up to 30 minutes during to- Mr. ENZI. Mr. President, I have to You ought not have to fight cancer day’s session. add a few comments to what was pre- and your managed care organization to The PRESIDING OFFICER. Without viously said about needing to move for- get the treatment you need. That is objection, it is so ordered. ward because I sincerely believe we the point. We need to pass a real Pa- f need to move forward with the work of tients’ Bill of Rights. We have not done the Senate. WYOMING v. AUBURN that. There are lots of excuses for it, The biggest work we have before us is but we need to get it done. We need to Mr. ENZI. Mr. President, it is good to finishing the appropriations bills—$1.7 get it done now. be back in the Chamber again. I have trillion of spending—and we ought to We need to add a prescription drug enjoyed a month of traveling around spend a few minutes debating that. If benefit for senior citizens on the Medi- Wyoming. I know that our entire dele- you will recall, before we left, one of care program. We all know that. If we gation was there on a number of occa- the difficulties we were having was were to write the Medicare program sions. We met at different places across even getting the opportunity to debate today, there is no question we would the State as we listened to the people those bills; There were filibusters pro- have a prescription drug benefit in the of the State to see what sorts of things hibiting the right to debate the bills— program. But 30 years ago, 40 years ago they felt were important to our State extremely long filibusters. That was when the Medicare program was cre- and our Nation. debate in itself, but it didn’t allow the ated, most of the lifesaving drugs we I have to mention that at the end of work of the Senate to proceed to appro- have today did not exist. They do now. that trip, of course, there was some priate the $1.7 trillion. We need to pass Each senior citizen needs access to football. We are back in that season the bills, get them brought up; we need those drugs. again. I have to explain the tie that I to have them discussed and have rel- Last year, the cost of prescription am wearing today. It is probably bright evant amendments put on the bills. We drugs increased 16 percent in this coun- enough for anybody in the Chamber to need to get that work out of the way try. All too often the prescription be able to read it. Last Thursday night, first. drugs—the miracle drugs—they need the opening game for the University of I can’t help but comment a little on are out of their reach because of their Wyoming Cowboys and the Auburn War the Patients’ Bill of Rights. The con- inability to pay for them. We need to Eagles took place on ESPN. Many peo- ference committee has been working add a prescription drug benefit to the ple might have seen it. I have to say on that. They were making great Medicare program. We can do that, and that the Auburn Tigers—now called the progress until it looked as if it might should do that. War Eagles—were extremely impres- not be an issue anymore. Then it was We ought to raise the minimum sive. It, obviously, is an educational in- brought up for a vote again and again wage. The folks at the bottom of the stitution of higher learning, and they using the original version, not the

VerDate 11-MAY-2000 00:08 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.007 pfrm02 PsN: S05PT1 S7962 CONGRESSIONAL RECORD — SENATE September 5, 2000 compromise version that had been because families there know that when These are the real family issues. The worked out over a long period of very you leave it up to insurance companies Republicans have not really listened difficult work. and it comes to medical care, you don’t closely. So we have a choice: We can have get the best decisions; you get deci- I hope that Republicans, as they left issues or we can have solutions. It just sions driven by the bottom line for the the Philadelphia convention in August takes the two sides getting together profit margin. and watched what happened in the na- and moving forward. So those of us on the Democratic side tional debate at the Presidential level, I yield the floor and suggest the ab- want to give our friends on the Repub- understand that we really face a seri- sence of a quorum. lican side one last chance before the ous need in this country in helping The PRESIDING OFFICER. The election to vote for a meaningful pre- families. It is not enough anymore to clerk will call the roll. scription drug benefit under Medicare argue that the wealthy are getting The assistant legislative clerk pro- that is universal, which will apply to wealthier. Working families want help, ceeded to call the roll. everybody, as Medicare applies to ev- too, so their parents and grandparents Mr. DURBIN. Mr. President, I ask erybody. Instead, of course, the Repub- can pay for prescription drugs and take unanimous consent that the order for licans want to talk about an estate tax care of the necessities of life. the quorum call be rescinded. break for the wealthiest Americans—a I yield the remainder of my time. The PRESIDING OFFICER. Without tax cut of a trillion dollars; and, 40 per- The PRESIDING OFFICER. The Sen- objection, it is so ordered. cent of it or more will go to those mak- ator from Virginia is recognized. Mr. DURBIN. Mr. President, I ask ing over $300,000 a year. After you have f unanimous consent to speak for 5 min- spent the trillion dollars on a tax cut utes in morning business. for the wealthy, there is not much left EXTENSION OF MORNING The PRESIDING OFFICER. Without to take care of prescription drug bene- BUSINESS objection, it is so ordered. fits under Medicare. There is very lit- Mr. ROBB. Mr. President, I ask unan- f tle, if any, money left to help families imous consent that the period for pay for college education. morning business be extended for not THE SENATE’S RESOLVE I was at several universities across to exceed 10 minutes and that I be per- Mr. DURBIN. The Senate and House Illinois talking about a proposal on the mitted to speak during that period. will be returning to business this week Democratic side—one that Vice Presi- The PRESIDING OFFICER. Without in Washington, DC. The important dent GORE supports—to give a college objection, it is so ordered. question is, What did we learn in Au- tax credit or a deduction for families. Mr. ROBB. Thank you, Mr. President. gust? That is what families talk about. f As we went home to our States and ‘‘It is a lovely baby. He looks like his spoke to families across Illinois and dad. He has been sleeping all night. JUDICIAL NOMINEES other States represented in this body, How are we going to pay for his col- Mr. ROBB. Mr. President, in these the question was whether the Members lege?’’ That is what you hear when you last few weeks of this Congress, there of the U.S. Senate will return with the go to a nursery and look at a new in- is much to be done. I would like to resolve to do something. fant. It is a legitimate concern. focus this morning on our constitu- You see, for the last several years, We on the Democratic side of the tional responsibility to confirm judges. the Senate has done virtually nothing aisle believe that if we are going to Virginia is one of the five states cov- when it comes to the important issues have any tax cuts, we should target ered by the Fourth Circuit for the U.S. facing working families across Amer- them to the needs of American fami- Court of Appeals. Today, one third of ica. The families I met in Illinois dur- lies—the need to pay for college edu- the seats on the Fourth Circuit are va- ing the month of August were, I guess, cation and for training. The deduct- cant. One seat on the bench has been almost unanimous in their belief that ibility of $12,000 a year in tuition and vacant for ten years—longer than any this Congress should waste no time in fees can have a dramatic impact on other seat in the country. The U.S. Ju- families. enacting a meaningful prescription dicial Conference has called filling that The Republican leadership just drug benefit under Medicare. I no seat a ‘‘judicial emergency,’’ and Chief doesn’t buy it. They think if there is to longer have to give the speech about be a tax cut, it has to go to the Justice William Rehnquist has warned Medicare and prescription drugs. The wealthiest people in America. I think that ‘‘vacancies cannot remain at such audience gives it to me. They say: Sen- it should go to the hardest working high levels indefinitely without erod- ator, did you know if you cross the bor- people in America—those who deserve ing the quality of justice that tradi- der and go into Canada, you can buy it the most, not the least. Those are tionally has been associated with the the same drugs at half the price? I say: the families who get up and go to work federal judiciary.’’ Yes, I was about to tell you that. They every day to try to put their kids One reason for the high number of say: Did you know people are paying through school and who try to make vacancies on the Fourth Circuit is the more if they are elderly or disabled this a better country. claim that the appellate court doesn’t than virtually any other group in That will be the debate you will hear need any more judges. Those who op- America? I say: Yes, I was about to tell over the next several weeks. If it pose filling the vacancies argue that you that, too. sounds reminiscent of what you are having more judges will make decision- The audience gives you the speech hearing from the Presidential cam- making more cumbersome and dif- before you can deliver it. Then they paign trail, it is because there is a ficult, and that keeping the number ask the most important question: If clear difference between the two major small leads to more efficient delibera- you know all this, why haven’t you candidates for President. There is a tions. done anything? Why hasn’t this Con- clear difference between the parties on The problem with this argument is gress enacted a prescription drug ben- the floor. that it substitutes ‘‘efficiency’’ for efit under Medicare? The truth is that We on the Democratic side are going ‘‘justice’’ in our judicial system. Cer- the pharmaceutical companies have to plead with the Republicans to give tainly it would be more efficient to come to the Congress with their special us four or five votes so we can pass a have criminal cases decided by one interests and powerful lobbyists and prescription drug benefit under Medi- juror instead of twelve, but our Found- they have stopped us cold. The Repub- care, and targeted tax cuts to pay for ing Fathers wisely determined that a lican leadership in the House and the college education expenses so people variety of views in the jury room would Senate has basically tried to keep the can have a deduction—so when they be more likely to yield a result that pharmaceutical companies happy and have long-term care for an aging par- was ‘‘right,’’ and ‘‘fair’’. It’s the same the insurance companies happy and ent, they can take care of that parent reason our Supreme Court is made up have said they will trust the insurance or grandparent, and an additional tax of nine jurists, instead of one. And it is companies to provide protection to credit for day care so people going to difficult to believe that justice is being American families. Well, I can’t even work can leave their kids in a safe en- served fully in a circuit that hears oral say that with a straight face in Illinois vironment. argument on only 23 percent of its

VerDate 11-MAY-2000 00:08 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.010 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7963 cases—the lowest percentage of any There is time to move this nominee. Mr. ROTH. Mr. President, I thank the other circuit—and dismisses 87 percent Immediately before we began our Au- distinguished Senator from North of its appeals in brief, unsigned opin- gust recess, the Judiciary Committee Carolina for his usual courtesy. ions according to the Washington Post. held a hearing and three judges were Mr. President, I rise today to encour- While efficiency is laudable, justice is voted out of the Committee just six age my colleagues to support the mo- the goal. days after they were nominated. Of the tion to proceed to H.R. 4444 and to pass On June 30, 2000, the President nomi- last 12 judges confirmed by the Senate, this legislation without amendment. nated Roger Gregory to fill the va- 11 were confirmed within three months Our vote on normalizing trade rela- cancy on the Fourth Circuit that has of nomination. tions with China will mark the most been open for a decade. Roger Gregory In 1992, another presidential election significant vote we take in this Con- is a highly qualified and well respected year in which the White House was gress. Indeed, it will be one of the most attorney from Richmond, Virginia. He controlled by one party and the Senate important votes we will take during graduated summa cum laude from Vir- by another, Senate Democrats con- our time in the Senate. ginia State University and received his firmed 66 nominees to the federal At the outset, I want to be clear—be- J.D. from the University of Michigan. bench. Eleven of those were Circuit cause of PNTR’s significance and be- He has an extensive federal practice, is Court judges, and six of the Circuit cause we have so little time left before an accomplished attorney, and was de- Court judges were confirmed later than the 106th Congress adjourns, I will op- scribed by Commonwealth Magazine as July of that year. Three were con- pose all amendments to PNTR, regard- one of Virginia’s ‘‘Top 25 Best and firmed in August, two in September, less of their merit. The House bill takes the one essen- Brightest.’’ and one in October. tial step that we must take to ensure When he is confirmed, Roger Gregory And presidential candidate George W. that American workers, American will fill the longest-standing vacancy Bush has called on the Senate to ap- farmers and American businesses reap in the nation. He will bring energy and prove judicial nominees within 60 days. the benefits of China’s market access insight to the Fourth Circuit. In addi- The sixty days for Roger Gregory tion, as an African-American, he will commitments. passed on August 30. It is time to grant There is nothing that we can add to bring much-needed diversity to the Mr. Gregory the courtesy of a hearing. bench. this bill that will improve upon its The late, renowned Judge Spotswood The Fourth Circuit Court of Appeals guarantee that our exporters benefit Robinson integrated the D.C. Circuit in does not look like America, and it from the agreement it took three never has. No African-American has 1966. He, too, came from Richmond, Presidents of both parties 13 years to ever served on the Fourth Circuit. In Virginia. It is time for another negotiate with the Chinese. fact, it is the only circuit court in the Richmonder, Roger Gregory, to break I ask my colleagues to join me in nation without minority representa- another barrier. We have already wait- adopting this approach because the tion. ed too long. risks of going to conference on this This should trouble all of us. Justice I urge the Judiciary Committee to bill, in this political season, are too cannot be served without a diversity of move the nomination of Roger Greg- great. Bluntly, a vote to amend is a views and experiences expressed in the ory, and grant him a hearing. vote to kill this bill and, with it, any rooms where decisions are made. I yield the floor. chance that U.S. workers, farmers, and As the Supreme Court noted when it f businesses will benefit from China’s ac- barred discrimination in the selection RECESS cession to the WTO. of juries, the exclusion of minorities or The significance of this vote is due women from the deliberative process The PRESIDING OFFICER. Under both to the economic benefits that will removes ‘‘qualities of human nature the previous order, the Senate will now flow from opening China’s market to and varieties of human experience, the stand in recess until the hour of 2:15 our exports and the broader impact range of which is unknown or perhaps p.m. that normalizing our trade will have on unknowable.’’ Thereupon, the Senate, at 12:40 p.m., our relationship with China. I want to The absence of minority representa- recessed until 2:18 p.m.; whereupon, the address each of those points in turn. tion on the Fourth Circuit is especially Senate reassembled when called to Let me clarify, first, what this de- troubling, however, since the Fourth order by the Presiding Officer (Mr. bate is about. The vote on PNTR is not Circuit has the largest percentage of ENZI). a vote about whether China will get African-Americans of any circuit in the f into the World Trade Organization, as nation. In our circuit, twenty-three some have said. I assure you that percent of our population is African- TO AUTHORIZE EXTENSION OF China will get into the WTO whether American. Yet not one of the judges on NONDISCRIMINATORY TREAT- we vote to normalize our trade rela- the Fourth Circuit is African-Amer- MENT TO THE PEOPLE’S REPUB- tions with China or not. ican. Mr. President, it’s time for a LIC OF CHINA—MOTION TO PRO- What this vote is about, as I indi- change. In fact, it’s past time. CEED cated at the outset, is whether Amer- There have been several efforts in the The PRESIDING OFFICER. Under ican manufacturers, farmers, service past to integrate this circuit, but these the previous order, the Senate will now providers, and workers will get the efforts have been blocked. The Admin- proceed to the postcloture debate on benefits of a deal that American nego- istration has tried since 1995 to inte- H.R. 4444, which the clerk will report. tiators under three Presidents of both grate this circuit, but the ‘‘blue slips’’ The assistant legislative clerk read parties fought for 13 years to achieve. for these nominees simply weren’t re- as follows: Or, will we simply concede the benefits turned, effectively thwarting those A motion to proceed to the bill (H.R. 4444) of that deal to their European and Jap- nominees. to authorize extension of nondiscriminatory anese competitors for the Chinese mar- I have argued for years that Virginia treatment (normal trade relations treat- ket? deserves another seat on the bench. Fi- ment) to the People’s Republic of China, and As I explained just prior to the Au- nally late last fall, we in Virginia were to establish a framework for relations be- gust recess, my reason for supporting given an opportunity to fill one of the tween the United States and the People’s Re- this legislation is first and foremost vacancies. We seized the opportunity public of China. because of the benefits that normal- and after an extensive and thorough The PRESIDING OFFICER. Under izing trade with China will offer my search and vetting process—including the previous order, the Chair recog- constituents back home in Delaware. time-consuming ABA screenings and nizes the Senator from North Carolina. China is already an important mar- FBI background checks—Roger Greg- Mr. HELMS. Mr. President, with deep ket for firms, farmers, and workers lo- ory was nominated by the Administra- respect, I ask unanimous consent to cated in my state. Delaware’s exports tion. We now have a chance to correct yield first to the distinguished chair- to China in many product categories this gross inequity on the Fourth Cir- man, Mr. ROTH. nearly doubled between 1993 and 1998. cuit. Roger Gregory has the support of The PRESIDING OFFICER. Without Delaware’s trade with China now ex- both Senators from Virginia. objection, it is so ordered. ceeds $70 million.

VerDate 11-MAY-2000 00:52 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.013 pfrm02 PsN: S05PT1 S7964 CONGRESSIONAL RECORD — SENATE September 5, 2000 What China’s accession to the WTO service firms have already achieved. I General Powell said it best in his means to Delaware is a dramatic fur- expect those obligations to be met public statement on PNTR, indicating ther opening of China’s markets to fully by the Chinese. that— goods and services that are critical to The agreement also provides unprece- * * * from every standpoint—from the Delaware’s economy. China, for exam- dented safeguards to American manu- strategic standpoint, from the standpoint of ple, is already the second leading mar- facturers here at home. The agreement our national interests, from the standpoint ket for American poultry products reached this past November permits of our trading and economic interests—it worldwide. the United States to invoke a country- serves all of our purposes to grant perma- Poultry producers in Delaware and specific safeguard against imports from nent normal trading relations to China. elsewhere have built that market in China that may disrupt our markets. Opponents of this legislation have the face of both quotas and high tariffs. In addition, the agreement allows the often tried to downplay the importance China’s accession to the WTO will United States to apply special rules re- of normalizing our trade relations with mean that the tariffs Delaware poultry garding unfair pricing practices by Chi- China. They argued that we are enti- producers face will be cut in half, from nese firms for 15 years after the agree- tled to the benefit of the WTO agree- 20 to 10 percent, and quotas that now ment goes into force. ment based on our bilateral trade ar- limit their access to the Chinese mar- The agreement even addresses a con- rangements with China dating back to ket will be eliminated. cern that has been raised by many con- 1979. They argue that we will suffer no Normalizing our trade relations with cerned with the efforts of China to con- competitive disadvantage if we fail to China will also make a huge difference vert U.S. technology to military uses. take the steps necessary on our end to to the chemical and pharmaceutical in- The WTO agreement specifically comply with our own WTO obligations. dustries which make up a significant obliges China to end the practice of de- I want to lay that argument to rest. share of my state’s manufacturing manding that American firms cough up That argument was contradicted by base. their manufacturing technology as a Ambassador Barshefsky, by our own In the chemical sector alone, China condition of exporting to or investing legal counsel, and by every trade ex- has agreed to eliminate quotas on in the Chinese market. pert consulted by the Finance Com- chemical products by 2002 and will cut Significantly, the agreement and mittee. its tariffs on American chemical ex- China’s accession to the WTO gives the However, just to make sure, my dis- ports by more than one-half. United States rights against Chinese tinguished colleague and the ranking Delaware is also home to two auto- trade practices that we do not cur- member of the Finance Committee, mobile manufacturing plants, one rently enjoy. It also ensures that the Senator MOYNIHAN and I, together with Chrysler and one Saturn. Once in the United States has a forum in which it the chairman and ranking member of WTO, China will be obliged to cut tar- will benefit from the support of the the House Ways and Means Committee, iffs on automobiles by up to 70 percent rest of China’s WTO trading partners specifically put that question to the and on auto parts by more than one- should disputes over China’s obliga- General Accounting Office. half. tions arise. The GAO has had a team following In the Finance Committee we de- The agreement also ensures that U.S. the WTO negotiations with the Chinese voted many hours to consultations automobile manufacturers will be able closely for several years. We asked with the President and his representa- to sell directly to consumers in China them for their assessment of the terms tives as the negotiations proceeded. of the agreement and whether we could and finance those sales directly as our We devoted an equal number of hours rely on our 1979 agreement to obtain auto companies do here in the United to a review of the agreement finally the benefits of China’s accession to the States. reached this past November. I believe I WTO. What holds true for Delaware holds can speak for my colleagues on the The GAO, in testimony before the true for the country as a whole. Inde- committee in saying that there was committee and in a report it released pendent economic analysis by Goldman overwhelming support for the agree- prior to House passage of PNTR, con- Sachs suggests that the package may ment so ably negotiated by Ambas- cluded that the 1979 bilateral arrange- mean an increase of as much as $13 bil- sador Barshefsky. lion annually in U.S. exports to China. That support is warranted not only ment would not guarantee the rights That’s right—$13 billion annually. by the terms of the agreement but by three Presidents of both parties spent What that figure reflects is that Chi- the testimony we heard and the sup- 13 years negotiating with the Chinese. na’s accession to the WTO will benefit port expressed from a broad and diverse According to the GAO, the essential every sector of the U.S. economy from spectrum of U.S. interests. step in obtaining the benefits of Chi- agriculture to manufacturing to serv- The agreement was supported not na’s accession to the WTO was the pas- ices. only by U.S. businesses, American sage of PNTR. Indeed, the GAO empha- Agriculture tariffs will be cut by farmers, and groups representing vir- sized that failure to approve PNTR more than half on priority products life tually every sector of the U.S. econ- would ‘‘put U.S. business interests at a beef, pork, and poultry. China will also omy. The agreement garnered the sup- considerable competitive disadvan- eliminate many of the barriers to sales port of Presidents from Gerald Ford to tage’’ in the Chinese market. of bulk commodities such as wheat, George Bush, former Secretaries of In other words, the single step we corn, and rice. State and Treasury, and an impressive must take to obtain the benefits of the Industrial tariffs would be slashed array of national security specialists Chinese agreement to open their mar- across the board by more than one- from Richard Perle to General Colin kets is the passage of H.R. 4444. half—from an average rate of 24 per- Powell all of whom underscored the im- In light of that fact, let me turn cent to 9 percent. Equally important, portance of China’s accession to the briefly to an explanation of the legisla- American exporters will be able to sell WTO and normalizing our trade rela- tion before us. The bill authorizes the directly to Chinese consumers and tions with China as good not only in President to normalize our trade rela- avoid the restrictions imposed on their economic terms but in strategic terms tions with China when China has com- sales by the state-owned enterprises as well. pleted the WTO accession process pro- they must currently use to distribute The testimony before the Finance vided that the terms of China’s acces- their products in China. Committee left little doubt that Chi- sion are equivalent to those negotiated The deal will create broad new access na’s reemergence as a world power pre- this past November. for Americans services like tele- sents challenges to the world commu- That action will assure that Amer- communications, banking and insur- nity and to U.S. interests. But, the tes- ican firms, farmers, and workers will ance. In particular, I want to stress timony before the committee was un- receive the benefit of the bargain Am- that China not only agreed to open its equivocal on one point—that our inter- bassador Barshefsky struck with market to new ventures in the banking ests are best served by drawing China China. and insurance areas but agreed to into that community of nations, rather But, the House bill does considerably grandfather the existing hard-won mar- than isolating China from that commu- more to ensure that we get the benefit ket access that American financial nity through restrictions on trade. of our bargain and more to address

VerDate 11-MAY-2000 00:08 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.001 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7965 many of the concerns that opponents of There are some who have suggested China already has access to our mar- this legislation have raised regarding that the bill should have gone farther. ket. We do not enjoy reciprocal access China’s human rights practices and They suggest that the bill should have to China’s market. That is what the more to encourage the development of empowered the proposed commission to WTO agreement provides. In voting political pluralism in China. address national security concerns as ‘‘no’’ on PNTR, we would only be vot- On the trade front, the House bill well. ing to deny ourselves the benefits of provides for the aggressive monitoring Those concerns, however, have been the WTO agreement to American firms, of China’s compliance with its WTO ob- mooted by the recent action taken by farmers, and workers. ligations and the enforcement of U.S. the Senate in the context of the De- Denying ourselves the benefit of the rights under the WTO agreement. fense authorization bill. I congratulate WTO agreement is simply no threat to The bill would offer particular help my distinguished colleagues, Senators the Chinese. They will simply obtain to small- and medium-size businesses, WARNER, LEVIN, and BYRD, the chair- the goods, services, and technology and to workers, in making use of the man of the Armed Services Committee, they want from other WTO members. remedies available under U.S. law to the committee’s ranking member, and In other words, even if you accepted address any violations of U.S. WTO one of the most senior members of that the logic of economic sanctions, voting rights or to address any unfair Chinese panel, for proposing the creation of a ‘‘no’’ on PNTR does not serve the ob- trade practices. separate commission to look at pre- jective of modifying China’s behavior In addition, the House bill imple- cisely those issues of national security or the views of its leadership. ments the special safeguard mecha- and the link between those issues and Finally, there are some who decry nism that was a part of the November our expanding trade relationship with the pursuit of profit when issues of agreement. In effect, the bill provides China. human rights and human freedoms are the counterpart in domestic law to the In sum, the House bill preserves what at stake. While I share their concerns provisions of the bilateral agreement we in the Finance Committee sought to for human rights conditions in China, I that offer import-sensitive industries do in the bill we reported out, which feel compelled to say that they are in the United States protection in any was to ensure that American firms, wrong and their criticisms are mis- dramatic surge in imports from China farmers, and workers gain the benefits placed. In the end, human freedom is indivis- that disrupt U.S. markets. of the agreement reached this past No- The bill also addresses a concern that vember, and take additional steps to ible. It is not neatly divided between I am sure all of us share with respect secure those trade benefits and offers a political freedom and economic free- dom, as some suggest. Economic free- to Taiwan’s economic future. Taiwan new approach to addressing U.S. con- dom is freedom, pure and unadulter- has applied for admission to the World cerns regarding human rights practices ated. The reason is that, absent eco- Trade Organization and its accession in China. nomic freedom, no person has the process is essentially complete. I believe that H.R. 4444 not only mer- wherewithal to defend their political The House bill expresses the sense of its our support, but that it strikes a rights. Congress that the WTO should approve careful and appropriate balance of the interests we have in our broader rela- What that means in practical terms Taiwan’s accession to the WTO at the in the context of modern China is that same time that it approves China’s. As tionship with China. For that reason, I intend not only to we should do whatever we can to em- a matter of WTO rules, there is no need support the legislation as drafted, but, power the Chinese people to pursue to debate Taiwan’s designation or its as I said at the outset, I will oppose their own course toward freedom. relationship to China. The WTO rules any amendment to the House bill no One essential step toward that goal is permit the accession of Taiwan regard- matter how meritorious the amend- to ensure that the Chinese people are less of its designation. ment might be standing on its own. free to pursue their own economic des- China has long provided assurances That brings me to my final point. tiny free from the heavy hand of the that it would not stand in the way of There are a number of my colleagues state. That is because the roots of po- Taiwan’s accession at the same time that see this vote as an opportunity to litical pluralism lie in economic inter- China itself enters the WTO, and I ex- link other issues to our trading rela- ests that differ from those of the Chi- pect China to live up to those assur- tionship with China. nese Communist Government and those ances, just as the House bill makes I am certain that we will have the of the Chinese leadership. clear. opportunity to debate amendments on The noted Chinese human rights ac- Apart from securing the trade bene- everything from the release of political tivist Fu Sheni, active in defense of fits of China’s accession to the WTO, prisoners to China’s implementation of Chinese human rights and political the House bill represents an important a one-child policy to its recurring freedoms since the 1979 Democracy step forward on the issues of human threats against Taiwan to issuers of Wall Movement, has made this point rights, internationally-agreed labor weapons proliferation. I respect my more eloquently than I can. standards, and religious freedom. colleagues’ point of view and recognize In a public statement on PNTR, Fu In an innovative approach, the bill that these are serious issues that emphasized that: would create a commission made up of should remain a part of the broader di- The annual argument over NTR renewal members of both the Congress and the alog with China on our bilateral rela- exerts no genuine pressure on the Chinese executive branch, modeled on the suc- tions. Communists and performs absolutely no role cessful domestic counterpart to the What I fundamentally disagree with in compelling them to improve the human Helsinki Commission on human rights, is the approach of linking progress in rights situation. . . . [I]mprovement of the to monitor Chinese practices in those those areas to our trade with China. human rights situation and advancement of areas, as well as the development of I do so for three reasons. First, the democracy in China must mainly depend on the rule of law and democracy. the greatness of the Chinese people, in the approach of linking progress to our process of economic modernization, gradu- One of the significant advantages of trading relations with China has ally creating the popular citizen conscious- the approach adopted by the House bill proved to be a failure. We have tried ness and democratic conscience and strug- is that it ensures a constructive, ongo- the approach of linking progress in gling for them. It will not be achieved ing review of China’s practices other areas, such as human rights, to through the action of the U.S. Congress in throughout the year, rather than what trade and it simply has not worked. It debating Normal Trade Relations. . . . has become an unproductive once-a- is time to try a different approach. Fu’s point was echoed by the China year effort tied to a congressional vote. Second, the threat of economic sanc- Democracy Party, founded 2 years ago, More fundamentally, the commission tions would only work if the target in its public statement on PNTR. In de- will ensure that the United States’ country believes that there is some- claring its support for China’s acces- concerns and our message to the Chi- thing fundamental at risk. Here, I want sion to the WTO and for the normaliza- nese leadership regarding Chinese us to think through the logic of voting tion of our trade relations with China, human rights practices is undiluted by ‘‘no’’ on PNTR. The net effect of a the Democracy Party stated: a debate over whether to renew China’s ‘‘no’’ vote on PNTR would be to cut off We believe the closer the economic rela- trade status. U.S. exports to China. tionship between the United States and

VerDate 11-MAY-2000 00:08 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.004 pfrm02 PsN: S05PT1 S7966 CONGRESSIONAL RECORD — SENATE September 5, 2000 China, the more chances to politically influ- Will China all of a sudden cease its If that attitude is the fruit of normal ence China, the more chances to monitor relentless military buildup in the Tai- trade relations with China, then by all human rights, and the more effective the wan Strait? means, it is indeed bitter fruit. United States to push China to launch polit- Will China halt its brazen land grabs Lest anyone think that China is ical reforms. in the Spratly Islands? merely engaging in bluster, consider The Democracy Party’s statement Will China stop its reckless prolifera- this: the year 2000 will mark the 11th went on to say that the Communist tion of weapons among its fellow crimi- straight year that China’s military leadership’s power in China is ‘‘planted nal regimes around the world? budget will increase by double digits. in state ownership.’’ A vote for PNTR Any Senator answering any such What is China doing with all that is a vote to end the Communist leader- questions in the affirmative should money? ship’s monopoly on power within Chi- wait around until the Sugar Plum Well, one thing is a pair of Russian nese society. A vote against PNTR Fairy dances down Lollipop Lane. The destroyers armed with the Sunburn would condemn the Chinese people to fact is, the United States has had nor- missile, which skims the sea at Mach work for the state-owned enterprises mal trade relations with Communist 2.5—about 2,000 miles per hour—and has that are the Communist leadership’s China for the past 20 years. Yet Com- an effective range of 65 miles and can most effective means of political con- munist China’s behavior has not im- carry nuclear warheads. In answer to a trol. proved one iota; it has worsened dra- question I asked at a Foreign Relations That is why, beyond the economic matically on every one of these fronts Committee hearing in February, the benefits for my home state of Delaware during those two decades of normal Secretary of State replied: ‘‘The ter- and for our nation as a whole, I support trade. minal flight path of the Sunburn normalizing our trade relations with Communist China has become more, makes it very difficult for any U.S. de- China. It is a vote for freedom and that not less, threatening to Taiwan during fense system, including Aegis, to track is where I will cast my lot every time. the past 20 years. Twenty years ago I thank my colleagues and urge their and shoot down the Sunburn.’’ Communist China was not making in- China began shopping for this missile support for the motion to proceed and cursions across the maritime bound- just after we sent carriers near Taiwan for passage of this essential legislation. aries of the Philippines, but today it is in 1996; China has spent over $2 billion Once again, I thank my distinguished arrogantly doing so. colleague from North Carolina. Two reports delivered to Congress by for two destroyers and at least thirty- The PRESIDING OFFICER (Ms. COL- the CIA this year make crystal clear two missiles. Madam President, I doubt that the LINS). Under the previous order, the that China’s weapons proliferation con- American people will be heartened to Senator from North Carolina is recog- tinues apace—flatly contradicting tes- nized for up to 15 minutes. timony by the Clinton State Depart- know that our $68 billion trade deficit Mr. HELMS. Madam President, I say ment in 1999 before the Foreign Rela- with China helped pay for this latest to my distinguished and long-time tions Committee of which I happen to Chinese threat to American sailors. And this is just the tip of the iceberg. friend from Delaware that I seldom dis- be chairman. agree with him, but this time I do, and Let’s examine further this exotic pig Other Chinese weapons purchases (that it is a doozy. in a poke. the American taxpayers are financing Madam President, the pending bill, As everyone knows—with the pos- through our trade policies) include H.R. 4444, which proposes to give per- sible exception of anybody on a trip to Russian advanced fighters, air-to-air manent most-favored-nation trading the Moon for the past few years—Com- missiles, and submarines. Most, if not status to Communist China, is perhaps munist China dramatically lowered its all, of this weaponry is designed for a the most ill-advised piece of legislation threshold for using military force Taiwan scenario, helping to tip the bal- to come to the Senate floor in my 28 against Taiwan in its notorious White ance of power in that region further years as a Senator. Paper this past February. For years, and further away from democratic Tai- As the Senate considers this issue, China has assured that it would invade wan and toward the Communists in the ultimate question is an ominous Taiwan only if Taiwan declared inde- Beijing. one: Will granting permanent most-fa- pendence. That was preposterous on its This is yet another product of our vored-nation status to Communist face—but now, China says it will in- let’s trade-at-any-cost policy with China advance the foreign policy inter- vade Taiwan if Taiwan merely delays China. ests of the United States? reunification talks with China for too That is the reason I am here today to My genuine conclusion is that by long. speak against this piece of legislation. doing so, the United States Senate will That is not progress to me, Mr. Presi- It may pass, but it will never do it with be making a mockery of common dent; it is instead clearly dangerous re- my vote or my support. sense. gression in China’s policy toward Tai- Madam President, I earlier men- Now, there is no question that giving wan. And guess what. It happened just tioned increased Chinese aggression in permanent most-favored-nation trade 3 weeks before the President sent this the Spratly Islands. We must bear in status to China may advance the busi- legislation to Capitol Hill. mind that, in 1995, China seized some ness interests of various sectors of the Angry threats against Taiwan have small islands called Mischief Reef in U.S. corporate community. But the become more frequent and increasingly the South China Sea. Mischief Reef is Senate, amidst all the high pressure venomous, both in the Chinese press just 100 miles off the coast of the Phil- tactics, must not confuse business in- and from the mouths of Chinese lead- ippines and over 1,000 miles from the terests with the national interest of ers. Recent headlines in Chinese news- Chinese mainland. With this brazen the American people. papers have talked of smashing Taiwan land grab having gone unopposed, even America’s principal national inter- and drowning Taiwan in a sea of fire. verbally, by anyone other than our est, vis-a-vis mainland China, is to In a March 28 article in the South Philippine allies, China reached out seek to democratize China, hoping that China Morning Post, Chinese President again in late 1998. China will conduct its foreign relations Jiang Zemin was quoted as saying ‘‘If In October of that year, China began in a civilized fashion, and stop behav- we were to take military action, it a crash construction project and by ing in a rogue fashion, as the Chinese should be sooner rather than later.’’ January of 1999, had replaced some Communists have done for the past 50 The Chinese have also directed those ramshackle huts on Mischief Reef with years. threats at us. China has repeatedly permanent structures that have been We must dare to ponder the most re- threatened to use nuclear weapons frequented by Chinese warships and are alistic of questions—for example: Will against American cities if the U.S. deemed as dual-use capable by military granting permanent most-favored-na- comes to Taiwan’s defense. As recently experts. tion trade status to Communist China as April 11, an article appeared in an- Twenty years of annual trade favors persuade its rulers to retreat from other Hong Kong paper entitled: ‘‘Nu- to China were not enough to ward off their threats to invade Taiwan if Tai- clear War Will Certainly Break Out If these blatant violations of inter- wan does not negotiate reunification The United States Gets Involved’’— national norms, but I, for one, await with the Communist mainland? that is to say, Taiwan. with bated breath the day when China

VerDate 11-MAY-2000 01:21 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.006 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7967 withdraws from Mischief Reef because sion. You can’t describe it any way clean air. But it is true. The air is of pressure from the World Trade Orga- otherwise. Senator WELLSTONE and I cleaner over our Nation’s Capital today nization. will have more to say about human than it is in my beautiful State of Don’t hold your breath, Madam rights in China at a later time, but I Idaho, or Montana, or those Great President; it’s not going to happen. believe the U.S. State Department’s Basin States of the West that are We can also see the absurdity of U.S. 1999 Human Rights Report says it all. known for spaciousness, vistas, and policy toward China by taking a look This is not JESSE HELMS. This is the clean air. at China’s proliferation record. In 1998, State Department of the United States This year’s fire season may well President Clinton certified that China of America. And the last time I prove to be the worst in half a century. could be trusted—let me repeat that. checked it was under the purview of a All of our 11 Western States, as well as He certified that China could be fellow named Bill Clinton. Kansas, Arkansas, Oklahoma, and trusted with our nuclear materials, The State Department said: Texas, are reporting very high and ex- paving the way for the longstanding The Chinese Government’s poor human treme fire danger levels today. desire of some U.S. companies to ex- rights record deteriorated markedly As I speak, large fires are actively port nuclear reactors to China. Then, throughout the past year, as the Government burning in California, Colorado, Flor- in testimony before the Foreign Rela- intensified efforts to suppress dissent. ida—a little less so in Idaho today be- tions Committee in March 1999, Assist- Do you want to hear that again? cause it rained during the night, and it ant Secretary of State Stanley Roth The State Department of the United rained over the weekend. But it is true gave China a clean bill of health on States said: ‘‘The Chinese Govern- in Louisiana and Mississippi—a little proliferation. ment’s poor human rights record dete- less true in Montana because of that I am not kidding. That is so. riorated markedly throughout the past same rainstorm—Nevada, New Mexico, Mr. Roth stated that China had actu- year, as the Government’’—meaning North Dakota, Oklahoma, Oregon, ally become part of the solution to pro- the Chinese Government—‘‘intensified South Dakota, Texas, Utah, and Wyo- liferation problems. efforts to suppress dissent.’’ ming. It didn’t take long for Assistant Sec- Many supporters of this legislation, The map I have to my left dem- retary Roth’s testimony to be exposed if not most, insist that the way to im- onstrates the character and the wide- as—let me find a gentle word—maybe prove this miserable situation is to re- spread nature of these fires. It isn’t co- ‘‘incomplete’’ is the nicest word I can ward Communist China with perma- incidental, nor is it unique, that most find. In April 1999, the Washington nent most-favored-nation trade status. of these fires would be found on public Times reported that China was con- Madam President, I find absolutely no lands—land managed by Federal land tinuing its secret transfer of missile evidence whatsoever to support such an management agencies of this Govern- and weapons technology to the Middle assertion. ment. East and South Asia. A follow-up story I thank the Chair. I yield the floor. As of last week, the National Inter- The PRESIDING OFFICER. Under agency Fire Center reports that 81 in July detailed China’s continuing the previous order, the Senator from large fires are burning presently, cov- shipments of missile materials to Idaho is recognized for up to 15 min- ering nearly 1.7 million acres of land. North Korea. These press reports were utes. The acres burned year to date exceed verified twice this year by none other Mr. CRAIG. Madam President, thank 6.5 million acres nationwide. That is than the Central Intelligence Agency you very much. over twice the 10-year average to date. in its semi-annual proliferation reports I ask unanimous consent that Sen- The reason I keep using the word ‘‘to to Congress. ator MOYNIHAN follow me to make his date’’ is because we are now in the But I guess we are supposed to be- opening statement on PNTR, and that early days of September, and normal lieve that more trade will solve that he use such time as he may consume fire seasons will run late into Sep- sort of problem. for that statement. tember—and even later into October in But I am not convinced—not by my The PRESIDING OFFICER. Without California and other places down to- distinguished friend from Delaware, objection, it is so ordered. ward and including the Southwest. The not by all of the businessmen who have f total number of fires on public lands called on me, not by anybody. has surpassed 74,000. Let me repeat FOREST FIRES In sum, Communist China’s foreign that: 74,000 fires on public lands. That policy behavior has become increas- Mr. CRAIG. Madam President, I is almost 13,000 fires higher than the ingly antithetical to U.S. national in- asked for time in our schedule today so 10-year average. terests during the past 20 years of so- that I might be joined with other West- Nationally, wildfires this year have called ‘‘normal’’ trade relations. It is ern Senators and those Senators con- burned an area larger than our neigh- difficult to see how making the status cerned about the catastrophic fires boring State to the District, Maryland. quo permanent will cause any improve- that have been sweeping across public In other words, envision the entire ment whatsoever. lands in the West for the last month State of Maryland charred by fire. Of course, the direction of China’s and a half. That is how many acres have been con- foreign policy will hinge largely on Coincidentally, today is the first day sumed by fire in our Nation this year. whether the Chinese government de- of school across our Nation. Many of There are roughly 26,000 firefighters mocratizes and begins to treat its own our children in elementary schools are battling wildfires. We have run out of people better than under the existing going to be asked by their teachers: trained firefighters and are preparing Communist regime. What did you do during your summer 550 new Army troops to assist fire All of us know the horror stories of vacation? For the next few moments, I crews. This is in addition to over 2,000 things perpetuated against the Chinese will suggest to you that this is my soldiers already deployed to fire crews people by their own government. But opening speech following my summer nationwide, as well as firefighters from here again, the record of engagement— vacation. Let me tell you what I did 3 different foreign countries—Canada, or shall I state it more clearly, ap- during my summer vacation. Australia, and New Zealand. All of the peasement—has yielded miserable re- I went home to my beautiful State of personnel fighting fires deserve our sults. Idaho and watched it burn—hundreds heartfelt thanks for their efforts and In fact, China was somewhat more in- of thousands of acres of timberland, their dedication. And yes, we have also clined toward reform 15 years ago than grassland, wild habitat, and environ- lost lives of firefighters. it is today. In the mid-and-late 1980s, mentally sensitive land burned with Current estimates suggest that near- China’s leadership at least express catastrophic fires that were too dan- ly $120 million was spent in August some sympathy for reform, and for the gerous, too hot, and too powerful to alone fighting wildfires. The National students and others who were demand- put firefighters in the face of to try to Interagency Fire Center in Boise re- ing it. But these reforms were ousted, stop them and protect these beautiful ports it is spending $18 million a day on replaced by hardline Stalinists who natural resources. fire suppression and related efforts. massacred the students and began a In fact, I never thought I would re- Last week, the Federal Government re- decade-long campaign of brutal repres- turn to Washington, DC, in search of ported that it has spent $626 million so

VerDate 11-MAY-2000 01:21 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.010 pfrm02 PsN: S05PT1 S7968 CONGRESSIONAL RECORD — SENATE September 5, 2000 far on suppression costs this year. The budget request was reduced first by the ing weeks regarding: Was the Forest Forest Service budget director esti- Department of the Interior and then by Service prepared this season to fight mates that wildfire costs this year will the Office of Management and Budget. these fires? If they were not, why were exceed $1 billion in total. This estimate Current and former Bureau of Land they not? Then we will begin to exam- assumes that the fire season ends in Management employees complained in ine the current policy and its impact the normal framework I have dis- writing that the effect of these budget on these 30-plus million acres at risk. I cussed. However, the fires that are cur- reductions would be to reduce fire pre- hope to take colleagues with me, as rently burning probably will not be ex- paredness dramatically. chairman of the Forestry Sub- tinguishable by man. They will have to That story was followed by a Wash- committee, to my State of Idaho and wait for the snow to fall this winter or ington Times investigative piece that into Montana and the Great Basin area late fall or for major storms to move in reported that the money taken from of the West in the next few weeks as we the normal winter cycle. the fire preparedness budget was used talk to the citizens on the ground who It is hard to believe that to be a true to acquire new Federal lands as a part have experienced firsthand the risk of statement, but it is a true statement of this administration’s current land losing their homes, their property, and, that in the heartlands of our wilder- legacy initiative. I am sure that at the yes, even their communities. ness, our public lands where these fires time the President had money taken We have already dealt with the urban will continue to smolder, to flare up from these fire budgets he didn’t under- wildland interface as a result of the during the hot days of the late fall, it stand that his land legacy would be catastrophic fires in Los Alamos. But will take a snowstorm in the heart of millions of acres of charred trees and even with that, we have not yet done Idaho to put out these kinds of fires. lost wildlife habitat. Mr. President, enough. I hope the administration will On Wednesday, August 30, President that is the permanent flame that you bring forth a package in the coming Clinton granted Montana Governor may well have as your legacy. days to work with us to develop a pro- Marc Racicot’s request that Montana At the same time, United Press gram of active management to try to be declared a Federal disaster area. On International filed a story that the save these environmentally sensitive Thursday of last week, my Governor, Forest Service fire preparedness budget areas, to improve the ability of these Dirk Kempthorne, asked President was similarly reduced either at the De- areas to deal with fire, and, most im- Clinton to declare Idaho a disaster partment of Agriculture or the Office portantly, to improve the ability of our area, and he has. And I expect likely of Management and Budget, or both. Federal lands management agencies to declarations coming soon from others. United Press International quoted rep- deal with fire in coming years. If we In a fire season as bad as the one we resentatives of the Forest Service Em- are truly in the kind of environment are now experiencing, it is undeniable ployees Union complaining that, in that I believe we are in, or if we are at we would be seeing a significant area downsizing, the administration dis- a time and place of La Nina versus El burn. Indeed, the General Accounting proportionately reduced the number of Nino and ocean oscillations and sea- Office has warned in a series of reports lower grade GS 5’s and 9’s and put the sonal changes in the environment, then that there are 39 million acres of Fed- money with GS 14’s. What does that next year could be every bit as great a eral lands at risk right now of uncon- equate to? It said that it reduces peo- fire year as this year. It is clearly im- trolled catastrophic wildfire. There- ple on the ground and puts them in the portant that we prepare now to do so. fore, the severity of this season should Washington, DC, office. Folks on the I have had several of my colleagues not have been a surprise to anyone, nor ground fight fires. People in the Wash- join me on the floor who wish to speak should we have stood by saying this is ington office do not. Yet that is the to this issue. Madam President, I ask a natural situation. kind of transition about which even how much time is left of the hour that Ten years ago, a group of foresters the Forest Service Employees Union I requested? and renowned national silviculturists was talking. Those are amongst a lot of The PRESIDING OFFICER. The Sen- met in Sun Valley, ID, to study the things that this Congress will have to ator has 46 minutes remaining. character of the forests of the Great deal with in the coming days. Mr. CRAIG. At this time I yield to Basin of the West. They said at that Last week, I had a good conversation Senator CRAIG THOMAS of Wyoming for time that those forests were in severe with Forest Service Chief Mike such time as he may consume. need of active management because Dombeck. We agreed on a series of The PRESIDING OFFICER. The Sen- they were nearly dead or dying from steps for the agency and the Congress ator from Wyoming is recognized. disease and bug kill and that if we to take over the next few weeks to ad- Mr. THOMAS. Madam President, I didn’t pursue an active management dress the situation currently at hand. thank the Senator from Idaho, who has policy, these forests would be at risk of We are not going to see major policy been a leader for a very long time in catastrophic fire. shifts this year, but we clearly ought this area—not only on fires, of course, That was 10 years ago. Since that to outline in the CONGRESSIONAL but the management of forests, which time, I and others have asked the Gen- RECORD why we are where we are today is really the issue we will finally have eral Accounting Office to study the and why 6.5 or 7 million acres of our to get to here. I thank him for what he state of our forests, only to be re- public lands have been charred. is doing and certainly for the hearings minded that what has happened this Clearly, it is important that we de- he will have in his committee, which I year would happen if we were not ac- velop an emergency budget not only to think will be extremely important and tively involved. However, over the last pay the bills of firefighting that we are now extremely appropriate. 3 weeks we have heard a series of news have incurred, but also the kind of en- Wildfires are a very serious thing. stories that call into question whether vironmental restoration that is critical They are very scary. They are dam- the Federal firefighting agencies have now so we will not see continued cata- aging. They threaten not only the for- been adequately funded, staffed, and strophic events occurring as a result of est itself but, of course, facilities and prepared to deal with the fire risk that these fires, the kind that could destroy homes in the forests. I grew up right we all knew existed and that will still wildlife habitat and watersheds, be- next to the Shoshone forest next to exist after this year. Notwithstanding cause we were not able to move quickly Cody, WY, between Cody and Yellow- differences in land management pol- in the kind of environmental restora- stone and, as a matter of fact, partici- icy—and there are differences between tion that is very necessary. We also pated on two occasions in fighting for- this administration and me and other have private lands at risk and private est fires. It really is something you can Members of the Congress—there is no property owners who deserve to be hardly imagine, particularly if you are disagreement that the Federal land compensated because of the way the on a steep mountainside and the forest management agencies should be pre- Forest Service managed these fires in fire itself releases boulders that roll pared to deal with fires when they certain instances, or the character in down. There are lots of scary things occur. which these fires burned. about it. Nevertheless, 3 weeks ago, USA I will be working with my colleagues As my colleague and most of us know Today reported that the Bureau of in the coming days to do just that. now, wildfires in the West of the Land Management fire preparedness First, we will hold hearings in the com- United States have ravaged literally

VerDate 11-MAY-2000 00:47 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.024 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7969 thousands of acres this year, the worst NUMBER OF WILDLAND FIRES AND ACRES AFFECTED IN some tough questions, I think, cer- experience we have had in forest fires 2000 BY STATE UPDATED SEPTEMBER 4, 2000 tainly not of motives but tough ques- for a very long time. Hopefully, that is tions in terms of management, as to Number of Number of now under control. There has been State fires acres what our responsibility ought to be. I some change in the weather—snow, as really am looking forward to the En- AK ...... 351 751,233 a matter of fact, in some places. There AL ...... 4,377 65,477 ergy and Natural Resources Commit- has been some change also in the cli- AR ...... 2,019 26,226 tee’s oversight hearings when we can AZ ...... 3,260 94,144 mate itself. We have had a very dry CA ...... 5,693 214,735 take a real, honest look at what we year in the West which has made it CO ...... 1,921 126,005 ought to do. CT ...... 55 183 even more difficult. DC ...... 2 2 What do the roadless areas we are DE ...... 12 165 talking about have to do with the abil- In my home State of Wyoming, we FL ...... 5,604 183,304 have had thousands of acres dev- GA ...... 6,883 50,735 ity to control fires? I think it has IA ...... 0 0 something to do with it. We have wil- astated. Let me share some of the ac- ID ...... 1,413 1,234,818 tual numbers that I think are fairly IL ...... 22 386 derness areas and parks, of course, that IN ...... 875 3,005 are managed differently. It is true that startling. This is from the National KS ...... 14 689 Fire News. The National Interagency KY ...... 1,163 49,287 in a wilderness area you are not going LA ...... 3,473 53,724 to have roads. You have to deal with it Fire Center puts this out from Boise, MA ...... 1,854 2,735 ID. They have a 13-year comparison of MD ...... 253 506 another way. Most of these fires are ME ...... 208 283 not in the wilderness. If we had access the losses that have taken place as of MI ...... 555 9,635 September 4, for the year 2000. MN ...... 2,448 55,738 to the fires early on, I think it would MO ...... 162 11,692 be helpful. Certainly harvesting, clear- The loss has been 6,566,000 acres this MS ...... 3,758 55,355 MT ...... 2,289 921,608 ing out the underbrush, clearing out year. This year, of course, is not com- NC ...... 2,814 16,818 the fuel as it builds up, as it naturally pleted. There are always losses. Last ND ...... 934 40,996 NE ...... 19 434 does around mature trees—I have been year, in 1999, there were 4.4 million NH ...... 246 160 in some places that are very nearly acres burned; the year before, 2 mil- NJ ...... 521 1,432 NM ...... 2,222 453,519 wilderness, again up around Cody, WY. lion, and 1 to 2 million has been the NV ...... 1,000 634,478 When selective timbering is done, you more common amount, although in NY ...... 104 452 OH ...... 737 3,950 go through and you hardly notice it 1996 it was 5.7 million acres that were OK ...... 1,100 46,481 having been harvested. But I tell you, destroyed. OR ...... 1,583 427,617 PA ...... 113 954 there is much less likelihood of an un- I guess the message is that we know PR ...... 1 1 RI ...... 81 75 controllable fire in that area than in there is going to be some burn. The SC ...... 3,738 18,301 the condition in which it had been. burn, of course, is the natural way. SD ...... 507 14,704 TN ...... 1,476 18,984 Of course, the administration is There are those who argue: Let nature TX ...... 2,468 176,194 quick to say it has properly managed take its course. However, things are UT ...... 1,613 235,186 VA ...... 687 8,234 the fires. This may not be the case, not the way they were 300 years ago or VT ...... 28 67 both from the standpoint of being as WA ...... 942 256,706 200 years ago. There has to be some WI ...... 1,435 4,509 prepared financially as we should have kind of different approach. WV ...... 920 18,917 been, and, of course, having some man- WY ...... 621 276,061 In the States, of course: California, agement techniques which many of the 214,000 acres; in Florida—Florida which Total ...... 74,571 6,566,520 forest people, many of the people who Ten-Year Average ...... 61,975 2,934,848 is outside the West—183,000; Idaho, are actually on the ground, rec- being the hardest hit at this point, 1.2 Mr. THOMAS. I think we need to rec- ommend. They know there are things million acres burned in Montana, near- ognize and thank the people on the that can be done. ly a million—900,000 acres. New Mexico ground, the agencies, the firefighters, I think this is an area we need to had almost half a million acres burned. for all they did. This is tough work. talk about. We need to talk about it So it has been very devastating. Cer- This is dangerous work. So I am very now. Our focus, of course, has to be on tainly our first obligation is to fund grateful for what has been done. the future and what we can do to limit and do what we can now to stop the I was out in the midst of it, out in the kinds of losses in our resources we fires and to repair the immediate dam- Yellowstone during this last August. had this year. I am very pleased to be ages. Certainly some of the problems were able to work with my colleagues here, particularly the Senator from Idaho. I I think it is interesting that in the that there were not enough facilities; am looking forward to doing what we long term, the total this year is 6.5 there were not enough airplanes; there can to be prepared so in the future we million acres burned, and burned for were not enough firefighters; there was will have less of a tragedy than we had the last 10 years, 2.9 million—less than not enough equipment to deal with all this year. half. So we have had a very difficult ex- these things that happened. Again, I I yield the floor. perience this year. am not blaming anyone for that, but it did make it much more difficult. Mr. CRAIG. I thank my colleague I ask unanimous consent a complete In the appropriations bill with which from Wyoming. Let me especially echo table of wildfire statistics be printed in we are now dealing, I have requested the point he made well just a few mo- the RECORD. some additional funds for wildlife and ments ago. We have had thousands of There being no objection, the mate- fire management this fiscal year. I am men and women out there on the fire rial was ordered to be printed in the very concerned, as the Senator from lines risking their lives over the last RECORD as follows: Idaho pointed out, that in many of month and a half. Clearly, a special these cases—not only firefighters but thanks is needed to them for the work THIRTEEN-YEAR WILDLAND FIRE COMPARISON STATISTICS also maintenance and other kinds of they have done. I think that is most YEAR-TO-DATE FOR THE UNITED STATES things—this administration has put appropriate as we assess now where we more emphasis on acquisition and pur- are and what we might be able to do, Number of Number of As of September 4 wildland fires acres chase than they have on the manage- both short term and long term, in the ment of the resources we have now. I packages that are put together and the 2000 ...... 74,571 6,566,520 1999 ...... 70,609 4,403,438 think we need to take a look at that. I policy changes that are made. The ad- 1998 ...... 60,872 2,037,629 am chairman of the parks sub- ministration has said they will be com- 1997 ...... 49,644 2,720,690 1996 ...... 86,533 5,787,767 committee. All of us know there are $4 ing forth with some proposals. We will 1995 ...... 63,170 1,661,679 billion or $5 billion in infrastructure take a very serious look at them as 1994 ...... 58,638 3,238,065 1993 ...... 46,625 1,613,843 repairs and maintenance needed. But they come, to work with them in the 1992 ...... 70,444 1,478,661 that is not where this administration immediate sense as we look at long 1991 ...... 57,583 2,020,184 1990 ...... 55,630 4,386,528 put the money. term. 1989 ...... 45,015 1,448,639 This land legacy thing was the one Now, let me yield 10 minutes to the 1988 ...... 67,945 3,623,613 that had the emphasis. So there are other Senator from Wyoming, Mr.

VerDate 11-MAY-2000 02:00 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.029 pfrm02 PsN: S05PT1 S7970 CONGRESSIONAL RECORD — SENATE September 5, 2000 MIKE ENZI. I am pleased he joins us Service, have adopted practices from ecosystem management project, the today to discuss this critical situation Washington that have allowed our for- roadless initiative, and the Federal in the West. ests to grow denser and denser without monument proclamations, will only The PRESIDING OFFICER. The Sen- establishing the proper safeguards, make the situation worse by removing ator from Wyoming is recognized. such as defensible fuel profile zones our access to forests and by taking Mr. ENZI. Madam President, I rise to and mechanically thinned forests that away some of our most effective forest join in this elaboration on the damage can incorporate fires into the natural management tools. Instead, the admin- and devastation that is going on in the management. istration wants to rely on the exten- West. It has been a tradition in the For more than 60 years, our Nation sive use of prescribed fire which will Senate that when disasters happen, has placed an emphasis on aggressive further exacerbate the risk of cata- Senators come to the floor and they fire suppression programs which have strophic wildfires on the Federal land ask emergency measures be taken, removed fire as a mitigating factor in throughout the West and proposes to both to stop what is happening and to maintaining forest health. As a result prohibit all forms of commercial tim- make up for some of the economic loss of these well-meaning efforts, many of ber harvest, regardless of the objective. that is a result of the emergency. our forests now suffer from an unnatu- Those prescribed fires get out of con- That is what we are doing today. ral accumulation of vegetation on the trol, as I am sure the Senator from Just as importantly, we are here today forest floors. Dense undergrowth, com- New Mexico will point out in a little suggesting that there are changes the bined with increasing taller layers of while, in one of those damaging winds. Federal Government can make so that intermediate vegetation, has turned In Wyoming, prescribed burns get out we do not have these problems again. Western forests into deadly time of control, and if you cannot get to the Prevention is better than pain. Preven- bombs. fire, you cannot put out the fire. We tion is better than the pain that is Unlike healthy fires of the past that are talking about a roadless initiative caused by the forest fires that dev- thinned out the underbrush and left in the United States right know. astate homes, jobs, and recreation. the large trees to grow larger, modern This is a map that shows the forest Senator THOMAS and I have been wildfire quickly claims the dense vege- system in Wyoming—not the grass- traveling around Wyoming. We are tation like a ladder until it tops out at lands, not the Bureau of Land Manage- downwind from Idaho. We are down- the uppermost, or crown, level of the ment-controlled lands—the forest sys- wind from Washington. We are down- forest and races out of control as a cat- tem. Wyoming has about 400 miles on a wind from Montana. In the daytime, astrophic fire. Because of their high border. If we take away the roads in one cannot see the mountains or the speed and intense heat, these crown any of those colored areas, how do we fires for the smoke. At night, you can fires leave an almost sterile environ- get in to fight the forest fire while it is see the fires as you drive down the ment in their wake. After a crown fire, still a small fire? That is when we want roads, and people prepare their evacu- nothing is left behind—no trees, no to take them on. That is when we need ation plans to get out of their homes, wildlife, and no habitat—with few to be able to get to them. If we wipe to abandon their homes to flames. It is micro-organisms left to rebuild the out the roads—and they are referred to a terrible situation. soil. sometimes as ghost roads because they It can be prevented, but we are going Vegetation manipulation, including are not roads one takes a normal car down the wrong road right now. I rise timber harvests, is therefore necessary over, but they are roads from which to express my deep concerns over the to restore our forests, particularly in fires can be fought. mismanagement of the National Forest the West, to conditions that are most Madam President, I draw your atten- System that has led to one of the worst resistant to catastrophic disturbance tion to another sign that has appeared fire seasons in the history of the and that are within acceptable ranges in Montana. This is actually addressed United States of America. of variability. Good stewardship, sci- to all of us, but it is a little more There is no question that fire is a entific studies, including the Sierra pointed than that: part of the natural world. No one Nevada ecosystem project report, state To the firefighters: Thank you for all your knows this better than the men and that timber harvest is a tool that can efforts. women in the Western United States be used to enhance overall forest resil- To the U.S. Forest Service: Everything who have risked their lives during the ience to disturbance. The SNEP report that we love is gone . . . up in smoke. The last 4 months to protect and save mismanagement of our forests has turned states, for example, that ‘‘logging can our beautiful valley into an ash heap. homes, lives, property, and the envi- serve as a tool to help reduce fire haz- To Bill Clinton and Al Gore: Because of ronment from the terrible threat of the ard when slash is treated and treat- your environmental policies, the jobs are catastrophic wildfires. ments are maintained.’’ If conducted gone, the way of life is gone, and now the As of September 4, the National on a large enough scale and in a con- beauty is gone. What’s next? Shame on you. Interagency Fire Center in Boise, ID, trolled manner, timber harvests can re- If we do not do anything about it, reports that 6.6 million acres of Fed- store our national forests to a point shame on us. eral public lands have been burned this where large catastrophic fires are In the interest of protecting the in- year alone. In comparison, in 1996, we much less likely. In other words, we tegrity and posterity of our forest and suffered what was up until then the can harvest the trees instead of burn- wild lands, wildlife habitat, water- worst year on record for fires in the ing them down. We can make them shed—if there is a forest fire and it continental United States. At that into boards that will keep that CO2 wipes out all the trees, next year North time, we lost 5.8 million acres. We have they have absorbed over a lifetime in- Dakota will have more floods because already exceeded that loss by almost tact in a home instead of going up in more water will make it into the 800,000 acres, and it is growing. smoke as CO2. stream—air quality, human health and What makes this tragedy so terrible The Forest Service has recognized safety, and private property, the U.S. is that most of this threat could have this threat and in April of this year Forest Service and other Federal land been prevented had our Federal land stated that ‘‘Without increased res- management agencies must imme- management agencies not been sty- toration treatments . . . wildfire sup- diately enact a cohesive strategy to re- mied by the Washington, DC, one-size- pression costs, natural resources duce the overabundance of forest fuels fits-all-based policies that sacrificed losses, private property losses, and en- which place these resources at high forest health for political gain. Rather vironmental damage are certain to es- risk of catastrophic wildfire. than implement policies that would calate as fuels continue to accumulate While this strategy must include in- have made our forests more fire resil- and more acres become high risk.’’ creased timber sales, however, there is ient and would have made forest com- The Clinton-Gore administration, no reason these sales cannot be struc- munities safer from the threat of cata- however, has chosen to ignore its own tured to improve forest health by in- strophic wildfires, these agencies, such experts and has proposed new programs cluding in the terms of the contracts a as the U.S. Forest Service, the Bureau that would combine with current plan- requirement to thin out the under- of Land Management, the National ning efforts, such as the Sierra Nevada brush and leave our forests in a Park Service, and the Fish and Wildlife framework, Interior Columbia Basin healthier, more sustainable condition.

VerDate 11-MAY-2000 01:10 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.030 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7971 I have concentrated on forest fires. I understand the distinguished Sen- ground, ready to make a small fire into There are grassland fires happening on ator, Mr. KYL from Arizona, has some a monstrous fire. BLM lands, private lands, and there are very excellent portrayals of what hap- The language in that amendment some lessons to be learned on taking pens to forests that are attended to and provides the land management agen- care of those, too. It is not as dramatic cleared as compared with those we cies additional authority that they to talk about a grass fire as a timber leave unattended and then have a fire. now lack to do some of this fuel reduc- fire, but on those lands where there is Unfortunately, the administration tion work. We asked them, at their sole good stewardship, the fires will stop. threatened to veto the legislation we discretion, to do this work in a way Where there is bad stewardship, the worked on because they found some of that would provide jobs to local people, fires will blow across at a rate animals the suggestions too hot to handle. opportunities to private, nonprofit, or cannot even run. However, my colleagues found the sug- cooperating entities, such as youth The catastrophic wildfires not only gestions very prudent, and later ac- conservation corps, and opportunities cause damage to forest and other lands cepted my amendment to the Interior for small and micro businesses. but place the lives of firefighters at appropriations bill, which is where we We asked the two Secretaries in- risk, pose threats to human health, finally were able to offer it. It was of- volved to identify those communities personal property, sustainable eco- fered there as an emergency measure where hazard reduction activities were systems, and air and water quality. and received huge bipartisan support. already underway or could be com- We must call to task the failed poli- Throughout the United States, there menced by the end of the calendar cies and move forward with better is an increasing amount of land in year. We further asked the Secretaries proactive policies that protect the what natural resource scientists and to describe, by May of the coming year, West and the United States from the firefighting experts call wildland-urban the roadblocks to beginning hazardous overriding threat of catastrophic wild- interface. This is very important be- fuel reduction work in the remaining fire. cause if that burns, not only do we lose communities at risk. I yield the floor and reserve the re- forests, but we lose communities, we I can tell you about some of the com- mainder of our time. munities in my State because our lose villages, we lose watersheds right The PRESIDING OFFICER. The Sen- State forester had no hesitation to find close to cities which have a propensity ator from Idaho. out this information. He went out to to destroy the water supply as the Mr. CRAIG. Madam President, I find it. We have an excellent State for- thank the Senator from Wyoming for trees in the watershed burn. Many millions of acres—according to estry department and an excellent his comments. He has made a very crit- State forester. the General Accounting Office esti- ical statement as it relates to some of They found the Ruidoso area, an area mate, 39 million acres or more—of na- the initiatives that are before us today, many people visit, has a very serious as it relates to roadless initiatives, tional forests are at high risk of threat in terms of heavy pine scattered roadless areas, accessibility to these wildfires. throughout the areas and residue on Over August—it was not a luxury; areas, and the risk of catastrophic fire. the ground of a very high kindling na- normally visiting my State is a privi- Last week, I sent to the President a ture. letter indicating we had discovered lege and a luxury—I had to go there to In Santa Fe, the water supply is in that the administration, in their visit fire-devastated communities, and immediate jeopardy. roadless area initiative, was not using in particular one, Los Alamos, but also The growing East Mountain commu- the current reports on catastrophic fire some smaller ones. One of the commu- nities of Albuquerque are facing sig- as it related to their initiative. We nities is named Weed, where a couple nificant fire hazards. would ask them to go back and review hundred people came with their con- The Middle Rio Grande Bosque—a that before they attempted, by regula- cerns because they are so frightened green area, a greenbelt along our river, tion, to lock up another 10, 15, 20, 30 about what is happening to the forests the Rio Grande—and the Espanola million acres of land. It ought to be ex- on which they live, work, and from area, increasingly face the threat of amined against the current fuel-load- which they used to make a living. out-of-control fire; that is, federal for- ing on that land and the risk of cata- As of today, there are over 52 fires ests that are not cleaned up, forests strophic fire. burning over 1,000 acres each across that have not been paid any attention Now I will yield to the Senator from this country. to in terms of management. New Mexico who has just gone through The total number of acres burned Los Alamos was deeply impacted by a catastrophic fire in his State that this year is 223 percent of the 10-year- the Cerro Grande fire and will have the nearly wiped out one of our great Na- to-date average. continued threat in unburned canyons. tional Laboratories. It certainly wiped On Labor Day, almost 17,000 acres We have all seen on television the out a beautiful area in the mountains burned—on that one day. terrible pictures of personal devasta- of New Mexico near Los Alamos where Close to half a million acres have tion from that area where more than it took hundreds of homes and may burned in my State this year; many 400 people were left without residences. well end up costing the taxpayers of more in other States, including the Some were in duplexes that were this country over $1 billion to repair States of Utah, Colorado, Wyoming, burned to the ground. We have to pay bad policy and bad decisionmaking Montana, and others. for those because that fire was started coming together that created the Los When we first started working on by a Park Service employee who made Alamos fire. this measure, the administration be- a very serious mistake. I think we are I yield to my colleague from New lieved there was too much national en- all aware of that. That actually hap- Mexico. vironmental special interest group op- pened. Mr. DOMENICI. I thank the Senator. position to my mild fuel-reduction I want to summarize my remarks by The PRESIDING OFFICER. The Sen- amendment. But I wanted to ensure suggesting that it is still very inter- ator from New Mexico. that we did not just throw money at esting to me how the Secretary of the Mr. DOMENICI. Madam President, I the problem and say we solved the Interior, Mr. Babbitt, can come out to recall coming to the floor when we con- threat to our communities. the West and say some of the things he sidered the military construction ap- We gave them, in that amendment, does. President Clinton’s Interior De- propriations bill. My friend, the Sen- $240 million in emergency funding to partment has been in charge of many ator from Arizona, Mr. KYL, recalls work on hazardous fuel reduction. Ac- federal lands—along with Agriculture that. The military construction bill tually, since that amendment, which Department, in charge of the forests came to the floor and we told the Sen- will be in conference under the chair- for as long as Clinton has been Presi- ate how we worked for over a month, in manship of Senator GORTON, there have dent. I say to my friend from the State a bipartisan manner, to provide the ad- been many more fires that have oc- of Arizona, soon that will be 8 years. ministration with tools to improve fuel curred. Much more evidence has been They have been in control of: How reduction in the wildland and urban discerned with reference to commu- should we manage? What should we interface; that is, urban interface areas nities that are right up next to forests cut? What should we do with these for- for communities that are at risk. that are loaded with kindling on the ests? It is interesting that Mr Babbitt

VerDate 11-MAY-2000 00:47 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.032 pfrm02 PsN: S05PT1 S7972 CONGRESSIONAL RECORD — SENATE September 5, 2000 would come out West and say: This ad- sult is ironically thousands and thou- authorizing subcommittee, I am going ministration is not responsible for any sands of acres of burned forests and to work very hard to come up with fig- of this; it comes from administrations damaged resources. So which is the ures and amounts that we can build before this one. more prudent policy? To try to stop into an emergency package and hope- Frankly, how many years would it the fire early on at a quarter of its en- fully include it in the Interior appro- take this administration to fix the tirety using mechanized equipment, or priations bill, which would fit the kind problems in the management of the let the whole thing burn and look back of environmental restoration necessary forests? I have listened to my good on it and say we didn’t touch any of on the acres that have already burned, friend, the chairman of the sub- the ground with a tractor or any equip- but also the kind of urban interface committee that handles this issue in ment, but we sure burned the forest stewardship programs that will bring the Energy and Natural Resources down? These are very important issues. about the fuel reduction that our col- Committee. I heard him talk about Where do we go next? league from Arizona will speak to in a what the Federal Government has done I submit that Congress is going to moment. He and people in his State and not done. see—even in the few days it has—that have done some very interesting and I have not heard anything about a that $240 million as an emergency extremely valuable pioneering work on major effort to clean up the forests. In comes out of that conference. I think the Ponderosa Forest of northern Ari- fact, I think it has been to the con- some Senators are getting some esti- zona, which is important for this Con- trary. I think there has been a fear mates about the environmental res- gress, and hopefully this administra- that if you clean this up, you are log- toration cost for some of these forests tion, to take into consideration as a ging. If you clean up the stuff on the that burned in the State of Senator part of the way we deal with these for- ground so it will not burn, you are put- KYL, and certainly in the distinguished est lands that now have literally tens ting people to work in rural areas; and chairman’s State, and in the State of of thousands of gallons of gasoline- you are supporting this idea that there Montana and others. What will it cost equivalent fuel on the ground, which are many uses for forests, you are mak- to go back and rehabilitate and make burns explosively under the right cir- ing it a reality—where this administra- them grow again? That surely is a cumstances, as we have just experi- tion wants to push more to only public great American emergency. enced. use rather than any private use. Do we want to leave these millions of Let me yield to my colleague from Arizona, Senator JOHN KYL, to speak to I say to the Secretary of the Inte- acres with only the stark reality of a this issue and the experiments going on rior—and I certainly have not heard fire? Millions of trees are standing that Secretary Glickman say this—but for in his State. are burned. Do we want to leave them (Mr. ENZI assumed the chair.) him to come out West and say this all there until they rot away? Don’t we Mr. KYL. Mr. President, I thank my didn’t happen on their watch seems to want to say that as part of a rehabili- colleague from Idaho for bringing the me to be skating on very thin ice in tation plan, we ought to remove some attention to this issue to the Senate terms of the reality of things. of them? floor, to our colleagues here, as well as What do we have now? What we have Frankly, I will give you one example. to people around the country. To my now is a Presidential election. Vice We have a little community in Otero colleague from New Mexico with whom President GORE is running, and many County called Alamogordo. It had one I have been visiting about this matter of us think most of these policies were nice lumber mill, which just closed. Do for 5 or 6 years now, a real thanks for run through his staff for their ‘‘envi- you know what is around it? A very big his efforts to bring a $240 million sup- ronmental’’ validity. fire that we reported here on the floor. plemental appropriation which will I think it would be nice to know, Around the small town of Weed, near only begin to scratch the surface of the since the Secretary of the Interior de- that closed sawmill, stands millions of needs we have. Half of that money goes nies that this administration and our burned trees with about 25 percent of to the Department of Agriculture’s Vice President, who many know was in their utility gone. We have not yet de- U.S. Forest Service and the other half charge of a lot of environmental poli- cided to remove one of those trees and goes to the Department of the Interior cies—where was he on all these fire to put somebody back to work in that for the BLM because in our public for- danger issues? More importantly, lumber mill because of the policies the ests today we have them spread both in where will he be if he is elected? I can- Senator from Idaho was speaking of. the National Forest System, as well as not believe that if a set of questions We need plans. I agree. But we also the Department of the Interior-admin- were put to him—and we can’t do need to put the money up so the plans istered lands of the BLM. Arizona and that—he will answer them only if he and the work be done quickly, in my New Mexico have the largest pine for- wants to and only if they write them opinion. One of the biggest and most ests in the world. up a certain way. What did you do dur- important things we can do in the com- Senator CRAIG pointed out that we ing your 8 years with reference to this ing weeks is to provide this to the ad- have done some pioneering here. For problem, and if you are elected, what ministration and say, ‘‘Get started.’’ the last decade or so, Northern Arizona will you do during the next 4 years? Be Clearly, they won’t accomplish a great University’s School of Forestry has very specific. Wouldn’t it be something deal, but the sooner we get started the been working on techniques to return if you asked: Do you support a policy better. the forest to the rather parklike, very saying you can not put a road in the I understand Senator KYL has an ex- natural condition that it was in at the forest, even to stop the fire? I don’t pert in his State who has worked on turn of the century, 100 years ago, know if he would answer that. the issue of how much good can we do when you had very broad stretches of The policy in this country now ap- in cleaning up the forests, so that we grassland with few trees per acre— pears to be not to put any roads in. In have some fire prevention, instead maybe 100 trees per acre. Big beautiful my State they have told me that in the waiting around and then trying to put trees, ponderosa pines, are a little bit overgrown Santa Fe watershed, they out a devastating fire. reminiscent of a sequoia, for example— don’t believe they are allowed to put a I yield the floor. very large, yellow bark, a beautiful road a half mile up—even a temporary Mr. CRAIG. Before I yield to the Sen- huge tree. When they are spaced out a one—to thin a rather steep slope, ator from Arizona, I thank the Senator fairly large distance from each other in which you cannot get to from the main from New Mexico for his most appro- a rather parklike condition, I don’t road. There are many frustrating sto- priate statement. He experienced this think there is anything prettier. ries like that. We hear stories about firsthand earlier in the year before More to the point, there is nothing the federal land management agencies Idaho and Montana experienced it—the more beneficial for the flora and fauna concerned with ‘‘protecting’’ certain kind and the character of truly inten- in the area. Lush grass feeds the deer things on the ground before you use a sive and catastrophic fires, burning and elk and other browsers. We have a Caterpillar to stop a fire. thousands of degrees hotter than a nor- healthy environment for birds and Frankly, to me, the results make mal fire in a normal forest setting. other species and, frankly, the entire that policy an adversity, because in He is right. Over the course of the ecological situation is the way that order to save some resources, the re- next several weeks, as chairman of the God created it to be.

VerDate 11-MAY-2000 00:47 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.035 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7973 Then along came man, and through a You are not simply saving timber; you proved. That prevents the bark beetles series of mistakes we mismanaged the are not simply preserving a nice view from attacking the trees. The protein forests to the point that today most of for people. You are saving the environ- content of the grass is an order of mag- the forest is clogged and gnarled into ment for the flora and fauna—pre- nitude higher. All of the elk, deer, and what they call a ‘‘dog hair trimmer,’’ venting erosion, preventing the steri- other animals are coming in to browse. meaning that a dog can’t run through lization of the soil, and all of the rest. Everything about the forest is it without leaving half of his hair be- As I started to say, work has been healthier when you can go in and thin hind on the underbrush that has been done around the country, but most im- out this underbrush and hopefully fol- growing up. portantly in Northern Arizona Univer- low up with a prescribed burn which What happens is that, first of all, all sity, pioneered by Dean Garrett, and simply burns along the ground and of this underbrush competes for the nu- most recently by Dr. Wally Covington burns any of the residue. It doesn’t trients and the water in the soil so at Northern Arizona University. Sec- crown out. After that, you can let na- none of the trees grow to be the big, retary Bruce Babbitt is a friend of ture take its course because then you beautiful trees we all love, and none of Wally Covington and fully supports the have a healthy forest with larger di- the grass can grow so that the brows- work that he has been doing at North- ameter trees. If lightning strikes, not ers—the deer, elk, and animals such as ern Arizona University. In some small one of those trees catches fire. It starts that—don’t come into the area. And be- projects in northern Arizona, we have with the grass on fire around it. It may cause every bit of nature depends on been able to acquire funding to do this burn the grass for several acres. That something else, most of the species forest restoration and demonstrate the is all right. That will regenerate in just simply vanish. Nothing can really sur- efficacy of the treatment. 1 year. That is acceptable. But it vive there. The problem is the administration doesn’t crown out and destroy the rest You create two other conditions: dis- has not carried that on to a larger of the forest. That is what we have to ease-prone because they are weak; sec- treatment area. I don’t know why be- commit to do in all of our Nation’s for- ondly, fire-prone, where a spark of fire cause science proves it out. Secretary ests. here is like setting off tinder with a Babbitt understands that it is the right I commend the small first step that larger box around it to burn. Because thing to do. But I think, frankly, it is Senator DOMENICI has taken here with appropriations. I commend the admin- of the undergrowth and fuel on the a fear that the radical environmental- istration to create a budget that will ground, as soon as the fire starts, it ists, which this administration relies begin to spend, frankly, billions of dol- quickly spreads to the lower branches upon for a great deal of its support, lars that are necessary to treat the for- and then the upper branches of the will object. Indeed, after putting to- ests of our country, not just in the trees, and that is why you see this al- gether a wonderful program with the southwest but all over the western support of Secretary Babbitt, Dr. Cov- most explosion of fire as it crowns out; United States which so desperately it goes right up through the top of ington, the Grand Canyon Trust, and needs this new forest management to these huge, magnificent trees and ex- other environmental groups, all of save our Nation’s forest. plodes the trees in the process. What whom were working together to make I appreciate the fact that Senator happens is that the soil is baked to a the area around Flagstaff, AZ, safer, to CRAIG has offered me the opportunity temperature that is unhealthy for re- improve the environment, and to re- to speak to this today, and I look for- generation. Ordinarily, nature-caused store the forests to a healthy condi- ward to continuing to talk about this fire will burn along the ground and tion, radical environmental groups issue because, unfortunately, like some burn a little bit of the underbrush that sued to stop the process and delayed it of the other things, it takes a catas- is there but never crown out. As a re- for an entire year—to no effect because trophe to finally bring out what has to sult, it is not the timber fire that you the project will go on. But it will be de- be done. While all of us lament the ca- get here. This literally sterilizes the layed a year. tastrophe, at least perhaps it will jolt soil. For years, nothing can regenerate. The GAO reports that we have 39 mil- us into doing what is right to save our Perhaps devastatingly, erosion results lion acres to treat in this country. wonderful forests in the U.S. very quickly—destroying streams, riv- Strike that. With 6 million acres hav- Mr. CRAIG. Mr. President, I thank ers, and lakes. It takes the topsoil that ing burned this year, we are now down Senator KYL for what I think is a very has taken millions of years to be cre- to 33 million acres. We have to do this clear explanation of what happens ated so things can grow, and wipes that within a 20-year period if we are going when you have this massive fuel-load- out. It drains all of it right down into to save these forests. That is going to ing that has occurred on the floors of the rivers and streams and clogs them require a commitment of the next ad- our public land forests in the Nation. up. ministration. If the current adminis- When he talks about active manage- What is the environment for the flora tration can’t do the job, maybe the ment, he is not talking about wilder- and fauna? There is nothing. We talk next one can. ness areas. He is not talking about about endangered species. Goodbye spe- Finally, I am holding a document put wildlife preserves. He is talking about cies. out by the U.S. Department of Agri- the millions and millions of acres of We had a fire around Four Peaks in culture Forest Service, Southwestern land that we call multiple-use lands or Arizona which destroyed about 75,000 Region, called ‘‘Arizona’s Wild Land lands that are classified within this acres. I learned that this was the Urban Interface.’’ To summarize what roadless area that this administration heaviest concentration of black bear is in this document, you see areas that is currently examining and is consid- habitat in the country and perhaps the haven’t been treated that are severely ering keeping roadless and undis- world. What happened to all of these burned. Then you see what happens turbed. black bears? Many of them did not sur- when they treat the areas. You find, for The question becomes very clear. Can vive. Many of the other animals did not example, in the Coronado National you do this kind of active management survive. The trees are gone. We have a Forest a before-and-after picture where by righting the wrongs of past actions very large bird population in Arizona. you see this clogged-up condition of we have taken on our public lands to Amazingly enough, many of those birds undergrowth. It is not pretty, it is not restore forest health and to allow fire had nowhere else to go. environmentally sound, and the num- then to be a participant in the eco- The point is that when you have this ber of trees per acre are reduced to system in a way that is not cata- kind of catastrophe, you are not aiding about 300. Whereas they had about 1,500 strophic or stand altering or wildlife nature; you are destroying it. All of before, they are trying to get it down destroying? Those are very real the environment is destroyed in the to about 150 per acre. When you do changes with which all of us have to process—not to mention the waste and that, you have a beautiful park-like grapple. We ought to start. I will start the cost. We have now spent about $1 condition that is healthy. with hearings in the next few days that billion this year to fight these fires. I can tell you, having visited the will deal with that. Some of our envi- That money could have gone a long treatment areas around Flagstaff, that ronmental friends recognize this. One way toward managing the forests and after about 3 years you see the pitch of them happens to be from New Mex- preventing the fires in the first place. content of the trees significantly im- ico. The Forest Guardian Group is

VerDate 11-MAY-2000 00:47 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.037 pfrm02 PsN: S05PT1 S7974 CONGRESSIONAL RECORD — SENATE September 5, 2000 quoted as saying that wildfires are get- ductiveness to build a home and pro- ably despite China’s restrictions on ting bigger, burning hotter, and the ef- vide fiber for our country except in trade. But American traders lagged far fects are more devastating. charred snags. An area the size of the behind their British counterparts—one It is clear that we will have to take State of Maryland has now burned. might say the Portuguese, as well, who mechanical steps to thin forests before Thousands and thousands of acres con- were the first in the Far East—and we can use fire to restore these forests tinue to burn. I believe that is a na- when the British secured additional to their natural regimes. tional crisis. It is a crisis on which all trading rights by the Treaty of Mr. MOYNIHAN. Will the Senator Members must focus. If it had been a Nanjing, concluded in 1842 after the allow me a question? hurricane that just wiped out the State first Opium War, as it was known, the Mr. CRAIG. I am happy to yield to of Maryland, we would all be rushing to merchants of Boston became especially the Senator from New York. save that State. fearful that American traders would Mr. MOYNIHAN. I hope he will make Fire, too, is a part of Mother Na- suffer discrimination. available more of the research that has ture’s disaster or catastrophic scheme. In the context of today’s debate, it is been described so carefully by himself I hope our colleagues will work with us worth recalling that the U.S. response and the Senator from Arizona. This is and that the Nation will begin to un- a century and a half ago to the fears new to an easterner but not too new. derstand that active management on that we were being locked out of the Two-thirds of the State of New York is these timbered public lands in the ap- China market was just what we are covered by hardwood forests and some propriate and designated areas is not talking about today. We sent a special cedar and pine. But these are impor- only critical; it is necessary to save emissary to ask the Chinese to grant tant propositions that should be lis- our forests. the United States what is in effect nor- tened to intensively. I surely wish to I yield the floor. mal trade relations status. Congress be one who will do so, and I look for- f voted $40,000—some Members thought ward to supporting the efforts that are it to be an exorbitant sum—for a spe- TO AUTHORIZE EXTENSION OF indicated. cial diplomatic mission to China. Con- NONDISCRIMINATORY TREAT- Mr. CRAIG. I thank the Senator from gressman Caleb Cushing of Massachu- MENT TO THE PEOPLE’S REPUB- New York for saying so. Yes, it is true setts was dispatched as minister pleni- LIC OF CHINA—MOTION TO PRO- that some of these ideas are new. Some potentiary. His instructions stated CEED—Continued of them have been building over the that his primary object was to secure last decades as we have recognized the The PRESIDING OFFICER. Under for the United States the same com- current state of the health of our for- the previous agreement, the Senator mercial privileges that had just been ests. My time is up. from New York is recognized for such won by the British. Mr. MOYNIHAN. Mr. President, I am time as he may consume. On July 3, 1844, Cushing signed the sure the chairman would wish us to Mr. MOYNIHAN. Mr. President, I United States’ first treaty with China. yield such time as the Senator from thank my revered chairman for this op- It was called the Treaty of Wanghia, Idaho needs to conclude. portunity to discuss the most impor- named after a village near Macao Mr. CRAIG. Let me conclude because tant issue we will deal with in this por- which was a Portuguese settlement. Its the chairman of the Finance Com- tion of this session of Congress. centerpiece was ‘‘a most favored nation mittee has just brought a very critical At the Finance Committee’s final clause.’’ That was the 17th century issue to the floor. I appreciate the op- hearing on China this spring, on April term used at the time. The meaning is 6, our last witness, Ira Shapiro, who portunity to kind of sandwich our- that you will get the same treatment was formerly the chief negotiator for selves in between the opening remarks as that nation which has the most fa- Japan and Canada at the U.S. Trade of the chairman and the opening re- vored treatment, which in effect means Representative’s office, closed his tes- marks of the ranking member of the equal treatment for all, or what we call timony with these words. Finance Committee as it relates to normal trade relations. Just equal China and PNTR, which is the most . . . [this vote] is one of an historic handful treatment for all, ensuring that the of Congressional votes since the end of World important issue before this Senate. But American merchants would have the War II. Nothing that Members of Congress do same terms of trade and negotiation as it is important that Senators be given this year—or any other year—could be more an opportunity to hear the concerns did the French and the English traders. important. A century and a half later, we are that are now out there about our public I rise to suggest, sir, that he is not still grappling with these very same lands and some remedial action that wrong, and to explain at some length, concerns. Thus, we find ourselves on we can take in the short term as we if I may be indulged, the reasons there- September 5, 2000, debating the merits look at long-term policies working for. of establishing permanent normal with this administration and future ad- The United States has a long history trade relations with China, that term, ministrations to resolve this kind of of commercial ties with China, begin- ‘‘normal trade relations,’’ having been critical issue. ning at a time when we exported raw changed, having been adopted in the I thank you very much for the time materials, medicinal herbs and such Finance Committee. We are very proud and the time my colleagues have used like products, in return for sophisti- of our chairman in this regard, to have in joining me to bring out some of the cated manufactures. succeeded in changing the 17th century necessary and important facts about The first American ship to visit term ‘‘most favored nation,’’ which the events that are occurring out there China, the Empress of China, cleared gave altogether the wrong impression as we go through this most devastating New York harbor more than 216 years to any but skilled trade negotiators fire season. ago on February 22, 1784. It carried a and merchants. Let me conclude once again with this cargo of 300 tons of ginseng, a wild root Our purpose is to ensure that Ameri- thought. Six and one-half million acres found in the uplands of States such as cans are not disadvantaged in the Chi- of public land have now burned. For New York, where it is gathered to this nese market and the Chinese not dis- those who might be listening and who day and is known as shang. The cargo advantaged in ours. do not understand what 1 acre of land included wool, cloth, lead, cotton, and We begin the debate on a high note represents, or 1 square mile of land, let pepper—pepper, I take it, to be a trans- and with great expectations. Just as we me suggest that it is the entire State shipment of pepper received from left for the August recess on July 27, an of Maryland charred to the ground, South Asia. She reached Canton 7 overwhelming majority of Senators with piles of ash, with snags of timber, months later, on August 23, 1784, and voted, 86–12, in support of the motion standing dead trees, nothing left, with returned to New York the following to invoke cloture on the motion to pro- the risk of siltation and soot and ash May where the vessel created a sensa- ceed to this bill. That is what we are moving into the watershed, into the tion with its exotic cargo of manufac- doing now. It was almost exactly pro- streams, and into the valuable aquatic tures: porcelain, umbrellas, fans, and portionately divided: 45 Republicans habitat. No wildlife can live there. then some tea and spices. and 41 Democrats voted for cloture. Much of the wildlife having been de- By the 1830s American commercial The vote followed an unquestionably stroyed, no trees can provide the pro- interests in China had grown consider- impressive and somewhat surprising

VerDate 11-MAY-2000 00:47 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.041 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7975 vote in the House of Representatives sion—ever since then we have pursued emerged that multilateral trade agree- on May 24. A margin of three or four policies that have brought us to this ments were more efficient and ulti- votes had been predicted, with a 10- moment of extraordinary completion. mately a more trade liberalizing means vote margin the most optimistic pro- With its accession to the World Trade of spurring economic growth than a jection. Organization, China merely resumes web of bilateral agreements, having all In the end, the measure passed deci- the role that it played half a century the countries involved reach the same sively: 237 yeas to 197 noes. The Fi- ago when it was instrumental in agreement in the same setting. nance Committee also has whole- United States-led efforts to build a China played a central role in that heartedly endorsed the bill, on a bipar- multilateral trading system from the thinking and planning from the begin- tisan basis. On May 17, the committee economic rubble generated by us in the ning. China was one of the 44 partici- ordered reported a very simple two- Smoot-Hawley Tariff Act of 1930. If you pants in the Bretton Woods Conference page bill, S. 2277. It is not a com- were to make a short list of five events of July 1 to 22, 1944. We saw the war plicated matter, two pages states it all, that led to the Second World War, sir, coming to an end, and we were pre- to extend permanent normal trade re- Smoot-Hawley would be one of them. paring for the aftermath. Bretton lations to China. The vote was near to Tariffs in that act of 1930 increased Woods established the International unanimous, 19–1. to unprecedented levels—on average 60 Monetary Fund down on Pennsylvania I remind my fellow Senators on this percent. As predicted, imports dropped Avenue and the International Bank for side of the aisle that all Democratic by two-thirds in value terms. But what Reconstruction and Development, members of the Finance Committee had not been predicted was that there which we know as the World Bank, voted in support of the bill. was a corresponding and almost pre- again not 20 blocks away. The House saw fit to add several pro- cisely equal drop of two-thirds in the A multilateral trade agreement was visions designed to implement ele- value of exports which materialized expected to complement these institu- tions. There were three in mind: the ments of the November 15, 1999, U.S.- when our trading partners responded in fund, the bank, and the trade organiza- China bilateral World Trade Organiza- kind and hiked their tariffs just as the tion. Postwar planners did not turn tion agreement to address several United States had done. other facets of U.S.-China relations. The result was ruinous, not only for their attention to trade until 1946. Thus, the House bill, H.R. 4444, includes the United States but for our trading That year, China was appointed to the an import surge mechanism which partners. The British abandoned free preparatory committee of the United Nations Conference on Trade and Em- codifies a provision of the November trade and adopted Commonwealth pref- ployment, which was charged with agreement, negotiated by our Trade erences. The Japanese began the Great- drafting the charter for the Inter- Representative, to deal with that possi- er East Asian Co-Prosperity Sphere. In national Trade Organization, the ITO. bility in trade. It creates a human 1933, with unemployment at 33 percent, Thus, it was that China became one of rights commission loosely modeled Hitler was elected Chancellor of Ger- the original 23 contracting parties to upon the Commission on Security and many. the General Agreement on Tariffs and Cooperation in Europe, the Helsinki It took the Reciprocal Trade Agree- Trade which was but one of the chap- Commission, and it authorizes appro- ments Act of 1934 to get the trade pol- ters of the ITO charter. It came to be priations for the Departments of Com- icy of the United States back on track. known by its initials, the GATT, and it merce, State, and Labor and the U.S. The impetus behind the Reciprocal was put into effect in 1948 as an in- Trade Representative’s office to mon- Trade Agreements program was predi- terim arrangement until the charter itor China’s compliance with its World cated on the view that the recovery of had been ratified. It was just a very Trade Organization commitments— the U.S. economy depended on finding small office in Geneva. A British Treas- nothing major, nothing troubling. outlets for our production—that is, ury official, Eric Wyndham White and On June 17, the Finance Committee opening and developing export mar- examined the House-passed bill in exec- three secretaries, as I recall from those kets—and that the only way to accom- days, in a small house above Geneva utive session. It was the near unani- plish this was to negotiate reciprocal ran it all and ran it wonderfully wait- mous view of the committee that we reductions in tariffs. ing for the ITO. simply ought to take up the House bill, If I may be permitted a personal The ITO never came to pass or did pass it, and send it to the President, note, I was taught, after returning not come to pass at that time. It died who has committed to signing it. It, from the Navy in World War II—I was in the Senate Finance Committee. The after all, represents an enterprise that taught this subject by Harry Hawkins, GATT survived. China remained a part has been afoot through many adminis- a great State Department official who of the GATT until March 8, 1950, when trations, and came to a successful con- Cordell Hull, in his memoirs, observes the Republic of China, by now located clusion in his when the World Trade handled reciprocal trade. This was not on Taiwan, notified the GATT that Organization was created and the trade to them a mere economic issue—prices, China would withdraw. agreement was negotiated. And, so, the trading and such like. This was an I note, and I do not want to insist as sooner the better. issue that had led the world to the my history is not that clear, but it was We all need some reminding of our brink of destruction in World War II. It the Government of China of Chiang history. China’s accession to the World was hoped that would never happen Kai-shek on Taiwan that withdrew. I Trade Organization is consistent with again. do not believe we have any record of longstanding U.S. trade policy and al- This is what we are talking about the PRC, the People’s Republic, as such lows China to resume the role it played now, at a more attenuated level. But having done it. It would not have 50 years ago. There can be no doubt the belief that has driven American mattered, but effectively China was that passage of this legislation is in policy for two-thirds of a century is out. It is to be noted—I am subject to the interest of the United States. This still alive and happily and importantly correction—but it is to be noted. is true whether we view the matter so. It was not until 1986 that the People’s from the overarching perspective of our We did this initially on a country-by- Republic of China became sufficiently broad trade policy goals or look more country basis. From 1934 through 1947, interested in the subject of GATT to narrowly at the benefits that China’s the United States negotiated separate try to reclaim its seat, and the acces- accession to the World Trade Organiza- agreements with 29 countries. That is a sion negotiations began. Indeed, China tion will bring to American farmers, large number. I believe the initial had hoped to become a founding mem- industry, and workers. membership of the United Nations was ber of the World Trade Organization Let me make the case from both van- in the neighborhood of 55 countries. So which came into effect on January 1, tage points. In a very real sense, Amer- half the countries in the world had en- 1995, only 5 years ago, and, in effect, in- ica’s trade policy over the past 66 tered agreements by this time. corporated the GATT and succeeded it, years—two-thirds of a century, ever With the conclusion of the Second the GATT having been originally a since Cordell Hull created the Recip- World War, trade assumed an impor- part of the ITO. rocal Trade Agreements Program in tant role in postwar economic recon- The negotiations with China proved 1934 in the depths of the Great Depres- struction plans, and the conviction too complex to meet that deadline, but

VerDate 11-MAY-2000 00:47 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.042 pfrm02 PsN: S05PT1 S7976 CONGRESSIONAL RECORD — SENATE September 5, 2000 they continued. Today after 14 difficult a handful of cities. China would also We have seen this in automobiles, years in negotiation with the whole allow insurers to offer different types going from the United States to Asia, international community—not with of policies—health insurance, group in- or Europe, and then coming back. I ob- our Trade Representative—China is surance, and the like. serve, sir, that we see it with soybeans. within striking distance of becoming Again, to keep in the Senate tradi- They came first from China. We con- the 138th member of the WTO. It seems tion of speaking first of my own State, sumed them, then produced them, and elemental that China, the world’s 9th while this is not well appreciated, New now we are sending them back to largest merchandise exporting nation York is still a major agricultural China. That is the felicity of trade and in 1999 and the 11th largest importer— State. We are the Nation’s second larg- the importance of it. these are WTO statistics—ought to be est producer of apples and third largest It can be said with certainty that in the World Trade Organization, and producer of dairy products, grapes, and every State in the Union will benefit this is universally agreed. Agreed else- wine. Our agricultural exports are well from China’s accession to the World where, not unanimously agreed in the above a third of a billion dollars. This Trade Organization. United States, but here we are with an agreement reduces tariffs on apples and Permanent normal trade relations 86–12 vote saying, ‘‘Let’s do it.’’ pears and cherries from 30 percent to 10 for China is necessary to realize the It is equally obvious that it is in the percent, and on wine from 65 percent to full benefits of China’s accession to the United States’ interest to have such a 20 percent. WTO. Here is the rub: Our producers commanding player in a rules-based I must not fail to mention that the and workers and companies will not be system that is largely the design and Chinese will also cut their tariff on guaranteed the full benefits of China’s certainly is entirely the inspiration of ginseng from 40 percent to 10 percent. concessions until we grant China per- the United States with the assent at New York is by no means the only manent normal trade relations status. that time of the United Kingdom and State that will benefit. The distin- The welfare of our workers, our manu- guished chairman of the Finance Com- the participation of China and, I must facturers, our farmers, our lumbermen, mittee pointed out on July 27, just be- grant, the U.S.S.R. and France. our fishermen is at issue here. This brings me to a second broad ob- fore we broke for the August recess, This is because the World Trade Or- servation. The economic case for per- how China’s accession to the WTO will ganization requires that member states manent normal trade relations is, I benefit the State of Delaware, which is extend to each other unconditional would think, unassailable. Ambassador a major manufacturer, producing auto- normal trade relations. This principle mobiles in abundance, chemicals be- Barshefsky negotiated an outstanding is enshrined in the World Trade Organi- yond the imagination of most of us, market access agreement. That much zation—in the World Trade Organiza- and with a two-century tradition is not in dispute. It was China and not tion’s General Agreement on Tariffs thereof. We grow ginseng; you produce the United States that had to make and Trade of 1994, the General Agree- chemicals—a pattern that I do not significant and wide-ranging market ment on Trade in Services, and the know if we want to maintain entirely, access commitments. Agreement on Trade-Related Aspects but there it is. Take just a few of the products that California, which exported $2.5 billion of Intellectual Property Rights—a mat- are of great importance to my State of in goods to China in 1998, will surely ter of increasing importance to the New York. In 1998, New York’s direct gain from China’s commitments to United States. It is an absolute re- exports to China totaled $596 million, eliminate tariffs on information tech- quirement, and should be. $1 billion all told if shipments to Hong nology products. What we think of in That is what we had in mind at Kong are taken into account as now Silicon Valley, that is what we are Bretton Woods in 1944, what we put in they ought to be. New York’s exports talking about. There will be no tariffs place, as we hoped, in 1946 with the are no longer principally ginseng, al- on those products. International Trade Organization, though I would note that in 1999, the Minnesota’s exports to China more which never came into being—or did United States exported just over 512 than doubled from 1993 to 1998—dou- not come into being until now. Sir, it tons to China and Hong Kong. bled, sir—increasing from $119 million is the very same principle that the Almost 90 percent of New York’s ex- to $316 million. China will cut in half United States sought to establish in ports are manufactured goods. On aver- its tariff on scientific instruments— our first trade treaty with China in age, tariffs on such products under the which Minnesota is probably inter- 1844. agreement before us will fall from 25 nationally acclaimed for—cut them We do not meet this requirement percent to 9 percent by the year 2005. down to 6.1 percent, which is a derisory today since the U.S. law requires that We are a leading producer of informa- number, as any international trade ex- China’s trade status must be renewed tion technology, paper, optical fibers, pert will tell you. annually, based on a review of China’s photographic equipment, and photo- Minnesota’s farmers will gain. China immigration policies, to which I will copier parts. China will eliminate its is already the world’s largest growth address myself in a moment. tariffs on information technology prod- market for soybeans and soybean prod- But, sir, as we well know, this legis- ucts and photocopier parts. It is not in ucts. I can remember as a boy in the lation was created during the cold war, their interest to charge themselves 1930s reading—and for some reason I was directed against the Soviet Union more for the products that they want. can remember—an article in the Read- and the satellite states, and had noth- China has promised deeper cuts on er’s Digest telling us about the soy- ing whatever to do with China. H.R. other products. Of particular interest, bean, this amazing product that was 4444—that is the bill before us—will put the tariff on digital cameras will fall grown in China that had such enor- us into compliance with our WTO obli- from 45 percent to zero. Tariffs on wood mous potential for the rest of mankind. gations with respect to China and and paper fall not to zero but to very Indeed it did. Indeed it came here. And allow us to gain—in full—the consider- low rates, in the 5 to 7.5 percent range. now we are sending it there. able benefits that Ambassador The opportunities for New York’s fi- That is a pattern and point of fact Barshefsky negotiated in the November nancial services industry are stag- that is well established in trade. We 1999 agreement. gering. Take insurance. Currently, the think of it mostly in terms of manufac- There are those who argue that Chinese insurance market is valued at turers. But it can obviously apply to granting permanent normal trade rela- $10 billion a year and is estimated to be agricultural products, too. Raymond tions is not necessary and that we will growing 20 percent annually. Twenty Vernon, at Harvard, described this as still reap at least some of these hard- percent annually doubles every 4 years. the product cycle theory of inter- fought gains by virtue of our previous At present, per capita spending on in- national trade. A country begins to trade agreements. I beseech the Sen- surance in China is under $8, compared produce a certain product. It then be- ate, do not be lulled by this argument. to a world average of $431. The market gins to sell the product overseas. The First, it is contradicted by nearly all is there. product begins to be produced overseas. experts who have examined it in de- Under its WTO agreement, China will And then it begins to be sold back to tail—the administration, the General eliminate current requirements that the original nation, the nation where it Accounting Office, the Congressional restrict foreign insurance companies to was originally produced. Research Service, and others.

VerDate 11-MAY-2000 00:47 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.044 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7977 Second, our competitors will not be migration, chaired by Senator Oliver passed an order requiring all Oriental similarly hamstrung. They will benefit Morton of Indiana. The joint com- pupils—there were 93 at the time—to from all of the concessions that China mittee held 18 days of hearings in San attend a public school specially set made without restriction or question. Francisco in October and November aside for them, President Theodore They will prefer this situation from 1876, and issued its final report in Feb- Roosevelt averted a foreign policy cri- which we are excluded, and they will ruary 1877. A statement presented to sis by persuading the Board to rescind necessarily and legitimately seek to the joint committee on October 26, its order in exchange for his commit- maintain it. We will have done our- 1876, on behalf of the ‘‘Labor Union of ment to negotiate a ‘‘gentlemen’s selves the injury. No others can be San Jose, CA,’’ was typical: agreement’’ with Japan. The agree- blamed. Do they [the Chinese] prevent white immi- ment of 1907–1908 was actually a series More important—much more impor- gration? We know that most assuredly they of diplomatic notes in which the Gov- tant, sir—China will view failure to do, as of our personal knowledge we know ernment of Japan voluntarily pledged enact this legislation as an unfriendly numbers of laboring men during the past to issue no more passports to coolies act, at the very least. The con- year that have come to the coast, and have going to the mainland of the United sequences could be severe, and they had to leave the coast for lack of employ- ment, in consequence of their inability to States—coolies being the term for com- could endure. I would expect that they compete with Mongolians, and thus sustain a mon laborers. will because, sir, we have a long and loss, through their influence, when they re- The Chinese Exclusion Acts were not troubling history of antipathy toward turn to their old homes, not yet cursed by repealed until 1943. the Chinese. It is a strong term. I use the presence of the Chinese. It was not until 1943 when Chinese it on this floor because it has been This will be found in the report of the immigrants were, for the first time, al- stated on this floor for a century and Special Committee to Investigate Chi- lowed to become naturalized American more; it is time to reverse it. nese Immigration in Senate Report citizens. No other group on Earth has Opposition to this measure—perma- Number 689, 44th Congress, second ses- faced this discrimination. In the mid- nent normal trade relations—will be sion, page 1172, in the year 1877. dle of the Second World War, we were puzzling to many. But, sir, there is a Please note that this was written allies. We were one year from the long and rueful history in the United years before the establishment of the Bretton Woods agreement where China States of our racial antagonism toward American Federation of Labor, which would sit with us and plan the postwar Chinese emigration to this country, has had no such views; to the contrary. institutions of the world. Only then did which now appears as an antagonism to Still it was heard. we repeal that exclusion—not just in the arrival of Chinese goods. The joint committee’s final report country but from the right of citizen- It is not a pleasant history and it is makes painful reading, and I quote, Mr. ship. painful to recount it. But it is nec- President: Pay heed: This animus continued for essary. It begins in California—which To anyone reading the testimony which we the longest while, and sometimes from is understandable—where the move- lay before the two Houses it will become the most unexpected places. The term ment to put an end to Chinese immi- painfully evident that the Pacific coast must ‘‘coolie labor’’ became a term of oppro- gration into this country began in the in time become either American or Mongo- brium and hostility extending the late 1850s. lian. There is a vast hive from which Chinese globe over. By way of background, the Immigra- immigrants may swarm, and circumstances may send them in enormous numbers to this Thus, in this past Sunday’s New York tion and Naturalization Service reports country. These two forces, Mongolian and Times book review came the review of that only 46 Chinese emigrated to the American, are already in active opposition. the book, It Didn’t Happen Here: Why United States in the three decades be- . . . The American race is progressive and in Socialism Failed in the United States, tween 1820 and 1850. The Chinese immi- favor of a responsible representative govern- by our preeminent political sociologist gration explosion began in the 1850s, ment. The Mongolian race seems to have no Seymour Martin Lipset and Gary fueled by the California gold rush and desire for progress, and to have no concep- Marks, describing how one of the great the construction of the Trans- tion of representative and free institutions. socialist leaders of the early 20th cen- ... continental Railroad. From 1851 to It further appears from the evidence—and I tury, a man esteemed in our history 1880, 228,899 Chinese emigrated to the continue to read from the report of the Joint and a Member of the House of Rep- United States. By 1880, Chinese immi- Committee of Congress—that the Chinese do resentatives, had this to say on the grants in California alone numbered not desire to become citizens of this country, floor of the House. I quote the review 75,000, more or less—about 9 percent of and have no knowledge of or appreciation for by David Glenn. our institutions. Very few of them learn to the State’s total population. Milwaukee’s best-known Socialist leader, speak our language. . . . To admit these vast Such was the demand for Chinese Victor Berger (himself an Austrian Jewish numbers of aliens to citizenship and the bal- labor that the United States reinforced immigrant), delivered a racist harangue on lot would practically destroy republican in- its ‘‘open door’’ policy by treaty: The the floor of Congress in 1911 against the im- stitutions on the Pacific coast, for the Chi- migration of ‘‘modern white coolies . . . Burlingame Treaty of 1868 guaranteed nese have no comprehension of any form of Slavians [sic], Italians, Greeks, Russians and to the Chinese Government the unre- government but despotism, and have not the Armenians.’’ stricted immigration of its citizens to words in their own language to describe in- the United States. The State of Cali- telligibly the principles of our representative —this from a man who inspired the fornia applauded the arrangement at system. brotherhood of workers the world over. the time. That is in the report of the Joint Allow me to quote Representative But there was an almost immediate Special Committee to Investigate Chi- Berger’s statement more fully, as re- backlash from workers in California nese Immigration, to be found in Sen- ported in the CONGRESSIONAL RECORD of who had organized themselves into so- ate Report 689, 44th Congress, second June 14, 1911. called ‘‘anti-coolie’’ associations begin- session at pages Roman V to Roman While the products of our factories are ning in the mid-1850s. VII. highly protected, sometimes as highly as 200 In the 1870s, the anti-Chinese move- The joint committee’s report paved percent, the producers of these products are ment gained momentum in the face of the way for the Chinese Exclusion Act not protected at all. On the contrary, during an economic downturn and the near the last 20 years Slavonians, Italians, of 1882, which suspended immigration Greeks, Russians, and Armenians have been completion of the Transcontinental by Chinese laborers for 10 years. The brought into this country by the million. Railroad. In 1876, a special committee scope of the act was expanded in 1888, Simply because they have a lower standard of the California State Senate exam- and renewed for another 10 years in of living they have crowded out the Ameri- ined the problem and issued a report to 1892. And then, in 1902—the century we cans, Germans, Englishmen, and Irishmen the U.S. Congress entitled ‘‘An Address are still in if we count the numbers— from the workshops, factories, and mines of to the People of the United States upon Congress indefinitely renewed the Chi- our highly protected industries. the Evils of Chinese Immigration.’’ nese Exclusion Acts. He goes on to compare the wage rates And in July 1876, the United States We handled these things somewhat that he believed to have fallen in the Congress established a Joint Special more diplomatically with Japan. When aftermath of white immigration. As I Committee to Investigate Chinese Im- the San Francisco Board of Education have said, one of the most enlightened

VerDate 11-MAY-2000 01:13 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.047 pfrm02 PsN: S05PT1 S7978 CONGRESSIONAL RECORD — SENATE September 5, 2000 men of that age used the term ‘‘modern stitution was adopted, Zhou Enlai was The Senator from New Mexico is rec- white coolies.’’ That is a part of our confirmed as Premier. And he declared ognized. history. It is time we moved on. I will that world war was inevitable. Mr. BINGAMAN. Mr. President, I move on in conclusion to two points. But that was not the impression one thank my colleague from Massachu- First, the macroeconomic implica- carried away. I have some confidence setts, Senator KENNEDY, for his cour- tions of our trade policy. in what I say as two weeks later I tesy in allowing me to speak at this Discussions of trade policy would be wrote a long ‘‘Letter from Peking’’ for point. I speak not on the issue that is incomplete without mention of the the New Yorker magazine. China, I pending before the Senate but in morn- macroeconomic implications of trade wrote, ‘‘is a huge industrializing na- ing business. I ask I be permitted to policy and the Nation’s persistent bal- tion.’’ Its products were not at that speak for up to 5 minutes. ance of payments deficit—an issue ad- point overwhelmingly impressive: ‘‘In The PRESIDING OFFICER. Without dressed by Wynne Godley in ‘‘Drowning sum, Stalinist art and Meiji manufac- objection, it is so ordered. In Debt’’ a Policy Note recently pub- ture.’’ Even so, Premier Zhou had pre- (The remarks of Mr. BINGAMAN per- lished by the Jerome Levy Institute. dicted that by 1980 China would have a taining to the introduction of S. 3002 The issue is somewhat complicated and ‘‘relatively comprehensive industrial are located in today’s RECORD under centers around some complex economic and economic system,’’ and that by the ‘‘Statements on Introduced Bills and interactions. But certain simple propo- end of the century this, combined with Joint Resolutions.’’) sitions warrant revisiting. science and technology, would put her The PRESIDING OFFICER. The dis- First, the large and persistent bal- ‘‘in the front ranks of the world.’’ Here tinguished Senator from Massachusetts ance of payments deficit reflects an we are at the end of that century. is recognized for 20 minutes. imbalance between domestic saving I came away from Peking convinced Mr. KENNEDY. Mr. President, I ask and domestic investment. Simply put that the regime had broken its ties to be able to proceed as in morning our Nation is not saving enough. The with Moscow. No one with an elemen- business. improvement in government finances— tary sense of Eurasian history could The PRESIDING OFFICER. Without moving from deficits of more than 4 believe they would last much longer. objection, it is so ordered. percent of GNP to surpluses of more None you might say other than our in- f than 2 percent of GNP—have been par- telligence agencies. Now the cult of AGENDA FOR SEPTEMBER tially offset by a decline in private sav- Mao has receded. Some years ago I was ings. At the same time, an investment back in what was now Beijing on a Mr. KENNEDY. Mr. President, this boom has required even more saving. In CODEL headed by much-loved Repub- afternoon, we are considering whether the short-run, this is not a problem, lican leader Bob Dole. The portraits to proceed to legislation to establish particularly since the investment atop the flag poles had vanished. Mao permanent normal trading relations boom will yield some dividends in the was consigned to a smallish portrait with China. That’s an important issue, form of higher economic growth. above an entrance to the Forbidden and it should be debated. Second, in the long-run, this imbal- City on one side of the square. Industry But in the short time remaining this ance cannot continue, particularly as and business moving forward regardless year, we also must answer the call of we approach the retirement of the baby of ideology. At Shanghai the old Euro- the American people for real action on boom generation. Indeed, it would be pean banks on the Bund were nomi- key issues of concern to working fami- more prudent to now run balance of nally empty—no exterior signs of any lies. I want to mention briefly and then payment surpluses, reflecting an abun- activity within—but were in fact bus- talk for the few more moments that I dance of domestic savings, which so to tling within, banking, as they had been have about three specifically. speak can be cashed in when the baby 60 years earlier. We must raise the minimum wage— boom generation retires. No one should think of the People’s with no gimmicks, no poison pills, and Third, trade policies, such as approv- Republic as a ‘‘normal’’ nation. It has no bloated tax breaks for the wealthy. ing PNTR for China will increase eco- a century of revolutionary past to ac- We are willing to consider some tax re- nomic efficiency, but may or may not commodate to a more settled future. lief for small businesses to offset any reduce the balance of payments deficit. The potential for estrangement and burden of raising the minimum wage. Only sound domestic policies can do worse is still there. To the extent that But the minimum wage should be the that, for example a responsible fiscal trade moderates international ten- engine for relief for low-wage workers, policy that encourages domestic saving sions, surely we will do so; indeed, in- not the caboose on a massive train of including budget surpluses, can reduce sist on doing so. Too much is at stake tax breaks and antiworker legislation. the balance of payments deficits. not to do. The latest Republican scheme may Allow me to close on a personal note. I yield the floor. raise the minimum wage. But it also In January 1975, returning from a post- The PRESIDING OFFICER. Under reduces overtime payments for all ing at U.S. Ambassador to India, I had the previous order, the Senator from workers. Workers all over America are the great pleasure of visiting Peking— Massachusetts is recognized for 30 min- saying that employers are requiring as it then was—as a guest of George utes. them to work too much overtime. and Barbara Bush, who then rep- Mr. KENNEDY. Mr. President, I see Under the Republican scheme, not only resented the United States at the cap- my colleagues on the floor. I note that can employers require workers to work ital in a less than ambassadorial capac- my colleague from New Mexico was more overtime, but employers can pay ity. We had not yet exchanged ambas- here waiting before I came to the floor them less for that overtime. sadors with the Communist regime. I and before my friend from Iowa ar- We must pass a real Patients’ Bill of was struck by a number of seeming rived. I know he has an important Rights—true HMO reform in which all contradictions. The great Tiananmen short subject matter. He has not been Americans in managed care plans are Square was dominated by two vast flag recognized in the consent agreement, protected—not just some, as our Re- poles. At the top of the first were two and I want to accommodate all. publican friends propose. massive portraits of 19th century hir- I believe I am entitled to 30 minutes; We must strengthen our hate crimes sute Victorian gentlemen, Marx and I expect to be able to complete my re- laws. The Senate has passed such legis- Engels. The other had portraits of a marks in a shorter period. I want to ac- lation on the DOD authorization. It’s somewhat mongol looking Stalin and, commodate the Senator from New now up to the Republican leadership to finally, Mao Zedong, who died in 1976. Mexico. I will speak 20 minutes, and decide whether we stand up against The Great Hall of the People, as I then yield to the Senator from Iowa. I hate and bigotry in America, or will wrote later, maintained throughout my ask unanimous consent to follow that this Congress just take a pass. visit ‘‘the inert external manner of a outline, if it is agreeable to the Mem- We must invest in education in ways post office on Sunday morning.’’ In bers. that will make a real difference for our fact that very week, some 2,864 dele- The PRESIDING OFFICER (Mr. ROB- children. That means helping local gates had assembled there for the ERTS). Without objection, it is so or- schools hire more teachers so we can Fourth Party Congress. A new Con- dered. have smaller class sizes, and a quality

VerDate 11-MAY-2000 01:13 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.053 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7979 teacher in every classroom in America. HASTERT proposes. We can’t raise the 30 years ago, according to a study last It means partnering with local schools minimum wage on one hand—and cut year by the Council of Economic Advis- to modernize school buildings and build overtime pay for millions of Americans ers. As reflected in a report released by more schools. It means increasing Pell on the other hand. the Economic Policy Institute last Grants so more young Americans have The typical American family is week, an average middle-class family a chance to go to college. It means working more and more hours, accord- in 1998 spend 6.8 percent more time at more pre-school and after-school help ing to a study released for Labor Day work then it did in 1989. These extra for parents and schools. by the Economic Policy Institute hours at work mean that parents have We must adopt sensible gun controls called ‘‘The State of Working America less time to spend with their children. that keep our communities and our 2000–2001.’’ Employees have increas- Raising the minimum wage issue is schools safe. We should require child ingly been forced to work mandatory also a children’s issue. Thirty-three safety locks on all guns, and we must overtime—time they would rather be percent of minimum wage earners are close the gun show loophole. spending with their families—and they parents with children under 18. Over 8 We must adopt urgently needed im- should be fairly compensated for that million children living in poverty live migration reforms. We must expand work. in working poor families. The Chil- the visa quota for skilled workers—the Several new studies further prove dren’s Defense Fund recently released a so-called ‘‘H–1B visa.’’ And we must how important a minimum wage in- report called ‘‘The State of America’s adopt new laws to ensure equal treat- crease is. A recent report released by Children 2000.’’ A chapter on Family ment under our immigration laws for the Economic Policy Institute entitled Income explains that if ‘‘recent pat- Latino and other immigrants. ‘‘The Impact of the Minimum Wage: terns persist, one out of every three Last but not least, we must enact a Policy Lifts Wages, Maintains Floor children born in 2000 will have spent at prescription drug benefit as part of the for Low-Wage Labor Market’’ reveals least a year in poverty by his or her Medicare program. Whenever a senior that 63 percent of gains from a $1 in- 18th birthday.’’ The inadequate pay of citizen signs up for Medicare, a com- crease in the minimum wage would go these workers is the reason why 33 per- prehensive prescription drug benefit to families in the bottom 40 percent of cent of all poor children, or 4.3 million should automatically come with it. the income distribution. The study also children, in 1998 were poor despite liv- Senior citizens shouldn’t have to battle finds that the higher wage raises the ing in a family where someone worked HMOs and insurance companies to get incomes of low-wage workers, with no full-time, year-round. Children who the prescription drugs they need. Yet, evidence of job loss. In addition, the grow up in poor families face a much that is what our Republican friends study reports that, among people who higher risk of poor health, high rates of propose. will benefit from an increase in the Let’s do it right—and do it now. Let’s learning disabilities and developmental minimum wage, 1.75 million workers pass a prescription drug benefit as an delays, and poor school achievement are parents with earnings below $25,000 integral and normal part of the Medi- and they are far more likely to end up a year. care program, just like hospitalization in poverty themselves. A June 2000 Conference Board report, Raising the minimum wage is also a and doctors’ visits. ‘‘Does A Rising Tide Lift All Boats? This summer, Congress voted tax civil rights issue. A disproportionate America’s Full-time Working Poor breaks for the wealthiest Americans share of minorities will be affected by Reap Limited Gains in the New Econ- and a pay raise for itself, but the Re- an increase in the minimum wage. publican leadership has continued to omy,’’ found that poverty has risen While African Americans represent 12 block efforts to raise the salaries of among full-time, year round workers percent of the total workforce, they America’s most underpaid workers— since 1973. Lower skilled workers have represent 16 percent of those who those earning the minimum wage. profited much less from the current would benefit from a minimum wage While Members of this Republican economic boom. They have yet to re- increase. Only 11 percent of the work- Congress are quick to find time to in- cover from the serious erosion of their force is Hispanic, but 19 percent of crease their own salaries and cut taxes earnings from the mid-1970s to the mid- those who would directly affected by for the wealthiest Americans, they 1990s. The number of full-time workers an increase in the minimum wage are have not yet found the time to pass an in poverty has doubled since the late Hispanic. increase in the minimum wage to ben- 1970s—from about 1.5 million to almost Raising the minimum wage is also a efit those hard-working, low-wage 3 million by 1998. Millions of poor chil- women’s issue. Sixty percent of min- Americans. The Republican leadership dren are dependent upon these full- imum wage earners are women. The has insisted on doing nothing for those time workers. workers affected by an increase in the at the bottom of the economic ladder. ‘‘Minimum Wage Careers?’’, an Au- minimum wage are concentrated in fe- It is an outrage that Congress would gust 1999 study by two government male-dominated occupations. raise its own pay but not the minimum economists, found that 12 percent of all Above all, raising the minimum wage wage. workers have spent the first ten years is a fairness issue. Minimum wage I was pleased to hear during the re- of their careers within $1 of the min- earners, such as waitresses and teach- cess that House Republicans are finally imum wage. 8 percent of workers, pre- er’s aides, childcare workers, and elder coming around to our way of thinking. dominantly women, minorities, and the care workers, deserve to be paid fairly Last week, after three years of foot- less-educated, spend at least 50 percent for the work that they do. They should dragging, Speaker HASTERT offered the of their first ten post-school years in not be forced into poverty for doing the President a plan to raise the minimum jobs paying less than $1 above the min- work that is so important to the citi- wage. This is a positive development, imum wage. This research dem- zens of the Nation. and it gives us real hope that we can onstrates that millions of workers stay In this period of unprecedented eco- raise the pay of the lowest paid work- at or near the minimum wage long nomic prosperity, the 10 million work- ers this year. after their entry into the workforce. ers at the bottom of the economic lad- These low income working families The minimum wage is not just an der who will benefit from raising the deserve a raise. Their pay has been fro- ‘‘entry level’’ wage. As the study con- minimum wage should not be forced to zen for three years. Since January 1999 cludes, ‘‘minimum wage legislation has wait any longer for the fair increase alone, minimum wage workers have non-negligible effects on the lifetime they deserve. now lost $3,000 due to the inaction of opportunities of a significant minority Each day we fail to raise the min- Congress. If we fail to increase the of workers.’’ imum wage, families across the county minimum wage this year, it will lose Raising the minimum wage is not continue to fall farther behind. Two all of the value gained by the last two just a labor issue. The minimum wage facts tell the story. The minimum increases. Minimum wage earners issue is also a family issue. Forty per- wage would have to be $7.66 an hour should not be forced to wait any longer cent of minimum wage workers have today—instead of its current level of for an increase. families. Parents are spending less and $5.15—to have the same purchasing But we can’t use this as an excuse to less time with their families. Listen to power it had in 1968. If wages had kept cut workers’ overtime pay, as Speaker this: 22 hours less a week than they did pace with worker productivity gains

VerDate 11-MAY-2000 01:13 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.017 pfrm02 PsN: S05PT1 S7980 CONGRESSIONAL RECORD — SENATE September 5, 2000 over the last twenty-five years, the hoped that the hospital might be able We have come close to successful pas- minimum wage would have to be $8.79 to obtain payment later. sage. On June 8th, the Norwood-Dingell today. Tiffanie ultimately received fine care bill fell just one vote short of passage We heard a great deal about opposi- from Hopkins, and her chances of re- in the full Senate. It was supported by tion to the increase in minimum wage covery from the cancer now seem good. every Democratic Senator—and only because we are not getting increases in But her favorable prognosis is no four Republican Senators. productivity. No economy has ever had thanks to her HMO. Here is what Dr. The American people deserve action the dramatic increases in productivity Paul Colombani, the oncologist at Hop- before this Congress ends. Every day as we have had, Mr. President. If we kins, had to say about Tiffanie’s case we delay, more patients suffer. The Pa- tied those increases in productivity to and about his experience with managed tients’ Bill of Rights is one of the most where the minimum wage should be, it care generally. important issues facing this Congress— would be at $8.79 instead of $5.15. On the difficulty in getting the test facing every family, too. There is no These disgraceful disparities show authorized, he said, ‘‘I have to do the question where Vice-President AL how far we have fallen short in guaran- diagnosis codes and the procedure GORE stands. If Governor Bush sup- teeing that low-income workers receive codes. And we have to submit them to ported patients’ rights and were willing their fair share of the nation’s pros- the insurance company ahead of time. to show the leadership that the Amer- perity. No one—no one—who works for And they have to say yea or nay. We’re ican people have the right to expect in a living should have to live in poverty. not going to do this. You have to do a Presidential candidate, this legisla- We are not going to go away or back that. I think it is ridiculous that a tion would clearly pass the Senate. But down. We have bipartisan support for high school clerk should be telling me on this issue, Governor Bush has failed this increase. It is long past time for that I can or cannot do an operation on to show the leadership we need. this Congress to pass a fair minimum a patient.’’ I still believe that enactment of wage bill. On the delay in getting Tiffanie an strong, effective legislation is possible f accurate diagnosis and treatment, the this year. I am here to serve notice to doctor said, ‘‘We see delays in diag- the Senate today, that there will be PROTECTING AGAINST HMO nosis because of the inadequacies of the new votes on this issue before we ad- ABUSES AND PRESCRIPTION managed care system all the time. And journ. I am hopeful that we will be suc- DRUGS BENEFIT for... the .1 percent of patients cessful. The American people are wait- where it turns out to be a life and Mr. KENNEDY. Mr. President, as we ing for relief—and we owe it to them to death situation, they just look at that enter the final weeks of the 106th Con- act. gress and the home stretch of the Pres- as the price of doing business. It’s pa- On Medicare prescription drugs, the idential campaign, two health issues thetic. In October or September, or second major issue of health reform demand immediate action—protecting whatever, that was the time to do that facing us is insurance coverage of pre- patients against the abuses of HMOs surgery. Now we’re playing catch up.’’ scription drugs under Medicare. Perhaps the most heart-rending com- and other health insurance plans and After a year of full-time cam- ment came from Tiffanie’s mother. It providing coverage of prescription paigning, Governor Bush today has fi- is a comment that any parent who has drugs under Medicare for senior citi- nally offered a specific prescription ever had a child with a serious illness zens. The American people deserve ac- drug plan for the consideration of the can understand. She said, ‘‘My daugh- tion on each of these issues from this American people. Unfortunately, that ter has cancer. I want to concentrate Congress. The position of the two Pres- plan is an empty promise for senior on her, and getting her better and not idential candidates on these issues has citizens. It is not Medicare—and it is have to worry about if I have a referral become a key factor in determining not adequate. It is part of a broad plan for this or a referral for that.’’ whether they are truly committed to ‘‘I want to concentrate on her.’’ That to make regressive changes in Medi- serving the needs of the American peo- should be the right of any parent whose care that will raise premiums, force ple, and the position of every member child is seriously ill. But today, be- senior citizens to join HMOs, and fur- of Congress on these issues is impor- cause of the abuses of the insurance in- ther a radical right-wing program of tant for the same reason. dustry, it is not a right—it is a privi- privatization. And drug benefits would With regard to the Patients’ Bill of lege of the fortunate few. not even be available to most senior Rights, last week, ABC began to air a Whether the issue is diagnostic tests, citizens for four years. documentary series—‘‘Hopkins 24/7’’— specialty care, emergency room care, Senior citizens need a drug benefit that vividly illustrates once again the access to clinical trials, availability of under Medicare. They earned it by a need for prompt action to end HMO needed drugs, protection of doctors lifetime of hard work. They deserve it, abuses. Hopkins 24/7 is a documentary who give patients their best possible and it is time for Congress to enact it. on life at one of the nation’s finest hos- advice, or women’s ability to obtain The clock is running out on this Con- pitals—Johns Hopkins. The documen- gynecological services—too often, in gress, but it is not too late for the tary is the result of three months of in- all these cases, HMOs and managed House and Senate to act. The Adminis- tensive filming. The first segment, care plans make the company’s bottom tration and Vice President GORE have shown on August 30, showed American line more important than the patient’s proposed one. So have Democrats in medicine at its best, and the abuses by vital signs. These abuses should have Congress. And we intend to assure that managed care at their worst. no place in American medicine. Every the Congress will vote on a real pre- A 14-year-old girl, Tiffanie Salvadia, doctor knows it. Every patient knows scription drug program this month. sought care from Johns Hopkins for it. And in their hearts, every Member The American people deserve action, her cancer of the uterus. The diagnosis of Congress knows it. and we intend to see that they get it. had been delayed for six critical weeks Almost 11 months ago, the House of Too many elderly Americans today because crucial tests were not ordered Representatives passed the bipartisan must choose between food on the table by her HMO physicians. When Tiffanie Norwood-Dingell bill to end these and the medicine they need to stay finally reached Johns Hopkins, the abuses. It is endorsed by 300 groups of healthy or to treat their illnesses. Too cancer had spread from her uterus, doctors, nurses, patients, and advo- many senior citizens take half the pills raising the risk of this serious illness cates for women, children, and fami- their doctor prescribes, or don’t even even further. When Tiffany finally lies. It is supported by virtually every fill needed prescriptions—because they reached an institution capable of giv- medical group in this country. It can’t afford the high cost of prescrip- ing her the quality care she needed, the passed by an overwhelming bipartisan tion drugs. problems with her HMO were not over: majority. It should have sailed through Too many seniors are paying twice as Authorization for a vital test was need- the Senate of the United States. But it much as they should for the drugs they ed, but the hospital was unable to con- continues to languish because the Re- need, because they are forced to pay tact the HMO for the authorization. publican leadership continues to put a full price, while almost everyone with Fortunately, Hopkins simply went higher priority on protecting industry a private insurance policy benefits ahead and performed the test, and profits than on protecting patients. from negotiated discounts.

VerDate 11-MAY-2000 01:13 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.019 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7981 In the face of declining coverage and room in the Bush budget for adequate tion has presented a strong proposal. soaring costs, more and more senior prescription drug coverage for senior Let’s work together to enact it this citizens are being left out and left be- citizens. year. It is not too late. The American hind. The vast majority of the elderly The Bush plan provides little help to people are waiting for an answer. are of moderate means. They cannot the vast majority of senior citizens I am hopeful we will pass that legis- possibly afford to purchase the pre- who are not poor, but are of modest lation. Again, I am strongly com- scription drugs they need if serious ill- means and cannot afford large drug ex- mitted, as I believe my colleagues, ness strikes. penses or large increases in Medicare Senator DASCHLE and others are, to en- The older they are, the more likely premiums. Under the Bush plan, these sure we will have an opportunity to they are to be in poor health, and the seniors have to pay three-quarters of vote on that measure before we ad- more likely they are to have very lim- the cost of their prescription drug cov- journ. ited income to meet their health needs. erage—and the coverage is not even I thank the Chair, and I yield the Few if any issues facing this Con- adequate. floor. gress are more important than giving In the entire history of Medicare, f the nation’s senior citizens the health senior citizens have never been asked security they have been promised. The to pay such a high share of the cost of TO AUTHORIZE EXTENSION OF promise of Medicare will not be ful- the premiums for any benefit. NONDISCRIMINATORY TREAT- filled until Medicare protects senior The defects in the Bush plan go far MENT TO THE PEOPLE’S REPUB- citizens against the high cost of pre- beyond the inadequacy of the benefits. LIC OF CHINA—MOTION TO PRO- scription drugs, in the same way that It is a program that only a drug com- CEED—Continued it protects them against the high cost pany executive could love. For the first The PRESIDING OFFICER. The dis- of hospital care and doctor care. four years, there is no Medicare benefit tinguished Senator from Iowa is recog- Vice President GORE has been fight- at all, just a program of block grants nized. ing for prescription drug coverage to the states for providing coverage for Mr. GRASSLEY. Mr. President, we under Medicare since 1993. President low income senior citizens. Senior citi- started earlier today the initial discus- Bill Clinton has called for immediate zens want Medicare, not welfare, and sion of what I call the China trade bill, action in his last two State of the they deserve Medicare, not welfare. the Senate by law ratifying the agree- Union Addresses. When the Bush plan finally becomes ment that has been worked out by this The Administration has put a solid available to all seniors, it does not pro- administration and the Government of program on the table for the consider- vide a real Medicare benefit—or any China to level the playing field for ation of Congress—and their program other adequate benefit. Instead, it trade between the United States and is affordable for senior citizens and gives senior citizens what is, in effect, China. also for the federal budget—because a voucher—and it tells them to go out In a simple form, the bill before us they do not use the surplus for hun- and buy their own coverage from a pri- will give access for U.S. exporters— dreds of billions of dollars in tax vate insurance company. If the price is meaning manufacturing, services and breaks for the wealthy. too high in the area in which they live, agriculture—to China on the same The Bush plan is not adequate and it they are out of luck. If the drug com- basis that China has had access to our is not Medicare. In fact, he has also en- pany’s list of approved drugs does not markets for the last 15 to 20 years. dorsed a regressive plan to change include the medicine they need, their When you have an opportunity for Medicare in a way that will raise pre- only recourse is a time-consuming ap- our people to export to China, to sell to miums and force senior citizens to join peal. There is no defined benefit—sen- China, on the same basis that China HMOs. ior citizens are not even guaranteed has been able to do with the United That is not the kind of Medicare the the same coverage in Missouri that States, it is a win-win situation. My American people want, and it’s not the they would get in Mississippi. It is all Midwestern common sense tells me kind of prescription drug benefit they up to the insurance company. this is a good situation for America. So want either. The nonpartisan Congressional Budg- that debate has started today. Under Bush’s version of Medicare re- et Office has estimated that under the We are on the question of the motion form, the premiums paid by senior citi- similar Republican plan passed by the to proceed. I support this motion. I zens for conventional Medicare could House of Representatives, benefits hope we get to a final vote on the bill, increase by as much as 47% in the first would be so inadequate and costs so because I think it will pass by an over- year and continue to grow over time, high that less than half of the senior whelming margin, not the very narrow according to the nonpartisan Medicare citizens who need help the most—those margin that it passed in the House of actuaries. The elderly would face an who have no prescription drug coverage Representatives. This will give us an unacceptable choice between premiums today—will even participate. enhanced opportunity to do business they can afford and giving up their A prescription drug benefit that with 20 percent of the world’s popu- family doctor by joining an HMO. leaves out half of the senior citizens lation. Senior citizens already have the who need protection the most is not a There are many reasons I support right to choose between conventional serious plan to help senior citizens. this bill, which is probably one of the Medicare and private insurance options It is ironic that in offering this inad- most important matters to come before that may offer additional benefits. The equate plan, Mr. Bush has criticized the Senate this session. But today, I difference between what senior citizens Vice President GORE for a ‘‘big-govern- would like to address just two reasons. have today and what George Bush is ment, one-size-fits-all’’ solution. The The first is the issue of jobs, a very proposing is not the difference between Gore plan covers prescription drugs positive aspect to this legislation. The choice and bureaucracy—it’s the dif- under Medicare in exactly the same second is human rights, which some ference between choice and coercion— way that Medicare covers doctor and people view as a reason for being driven by a right-wing agenda of pri- hospital costs. Mr. Bush obviously feels against this legislation. I suggest to vatization. On this ground alone, it de- this is a one-size-fits all solution. That you that even though the human rights serves rejection, regardless of its provi- is why he has endorsed an extreme re- situation in China is not good, trade sions for covering prescription drugs. structuring of the Medicare program. gives us an opportunity to improve But the program to cover prescrip- He may favor forcing the elderly into that human rights situation. tion drugs is equally flawed—so flawed HMOs, but that is not what Democrats In each case, I want to address con- that it is an empty promise for mil- in Congress support. That’s not what cerns of real people in a commonsense lions of senior citizens. To begin with, Vice President GORE supports. Most way. Too often, when we talk about the value of the Bush program to sen- important, that’s not what the Amer- major policy changes, we do so in lofty ior citizens is only one-half of what ican people support. terms, not connected to the people’s Vice President GORE has proposed. The There is still time for Congress to concerns and their interests, and what reason is obvious—after massive tax enact a genuine prescription drug ben- is important to everyday working breaks for the wealthy, there is not efit under Medicare. The Administra- Americans.

VerDate 11-MAY-2000 01:13 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.058 pfrm02 PsN: S05PT1 S7982 CONGRESSIONAL RECORD — SENATE September 5, 2000 Today, I would like to talk about made a few small sample sales to China national trade subcommittee that if how real people will be affected by and has found a distributor that would China fully implements its WTO acces- making it possible for the United like to make a large order. Tucker sion commitments we could see hog States to take advantage of China’s knows that in the past state-owned dis- prices rise by as much as $5 per head. pending accession to the World Trade tribution companies in China have dic- That is a larger benefit than any of the Organization. tated commercial terms that have Government support programs we have Lowering protectionist tariffs and often harmed exporting companies like heard about lately. tearing down trade barriers that dis- Tucker. They would like to see China Unlike some of the proposals I have criminate against American products become a World Trade Organization heard, we would not have to impair our will create many thousands of new member so that distribution rights are obligations under the WTO’s subsidies American jobs. A new era of free trade no longer strictly controlled by the agreement, or the WTO agriculture with China, under the WTO World state, meaning the country and Gov- agreement, to do it. Trade Organization disciplines, will ernment of China, and so that any new Second, I want to discuss the issue of help us continue to build the tremen- transactions in China then are pro- human rights and political freedoms in dous prosperity that we enjoy as a di- tected by the rule of law, which is what China because this is a legitimate rect result—a very direct result—of the the World Trade Organization regime is issue, even though I disagree with the success of our postwar trading system; all about—the rule of law, predict- argument that killing this bill is going going back to 1947, as we have used the ability in international trade, the re- to help human rights in China. I wish gradual freeing up of trade around the solving of disputes in international to make it clear I don’t find fault with world to expand the world economic trade. those who bring it up as part of this de- pie. Because of free trade, with a popu- A second example from Cedar Rapids, bate because I think wherever we can lation that is now about double what it Iowa, is the Diamond V Mills Company, try to say to China that they are going was back then, we now have more pros- which I visited just last week. I had the down the wrong road on human rights, perity for more people. If we had not opportunity to present it with the they are hurting their country, not us. expanded the world economic pie, we Commerce Department’s E-Star Award Like all Americans, Iowans care would, in fact, have less for our in- for excellence in exports. They had al- deeply about the struggle for liberty. creased world population. So think in ready received the E award, now they Many have family members who have terms of the economic enhancement of have the E-Star award that indicates given their lives in freedom’s cause, or individuals and the political stability they have been highly successful in they know someone who has. It hurts that comes from it. international trade on an ongoing us to hear horrible accounts of repres- In my State of Iowa, we know our basis. sion. We are rightly repelled. We don’t economic interdependence with the Diamond V Mills has exported its understand why it happens, and we rest of the world is not a policy choice; yeast culture feed ingredients to China want it to change because we think it is a fact. Trade means jobs any- since 1996, but they did it by operating freedom is an innate right for the Chi- where, but particularly in my State. In through a local distributor. The com- nese as well as for Americans. But the just 5 years, Iowa’s merchandise export pany wants to sell directly to its end fact is, we can never turn China into a to China has soared 35 percent. user but has not been able to do so— model of constitutional democracy if In the Waterloo-Cedar Falls area— until this agreement goes through—due we isolate them economically. How- that is close to where I was born, and to China’s current restrictions on a for- ever, we can help bring about funda- where I have lived my entire life—re- eign company’s rights to distribute its mental reform in China’s economy and cent merchandise sales to China have products in China. political structure through enforceable surged 806 percent. Iowa’s trade-related Under the WTO accession agreement, WTO rules that do not discriminate jobs mean that a young couple can af- China has committed to opening its and are consistent and are not arbi- ford their first home. They can afford markets to the private distribution trary. tuition for school. They can afford to networks that Diamond V Mills of In addition, I have a firm conviction buy a car. They can afford to care for Cedar Rapids needs. If Diamond V Mills that regardless of how necessary a po- their families, the way working people can get access to new distribution net- litical and rule of law environment is want to care for their families. works in China, it will generate more for trade to take place and political But unless we seize this moment, this sales, earn more revenue, provide more leaders such as the President of the opportunity will pass us by. When jobs in Iowa, create more opportunity United States and other people negoti- China enters the World Trade Organi- and more prosperity for everybody. ating with the Chinese, none of those zation, which it will do regardless of These are only two examples of how efforts, as important as they are, can the outcome of this vote on the Senate Iowa’s manufacturing sector will ben- compare to the opportunities for ad- floor—and if we do not remove all of efit through expanded trade with vancing political freedom and human our current conditions on trade with China. There are many more. We have rights that will come when millions of China, which this bill does—other Iowa’s farmers and agricultural pro- American businesspeople interact with countries will reap the rewards of a ducers seeing tremendous benefits from millions of Chinese businesspeople on a trade deal that we helped negotiate. this proposal as well because China’s day-to-day basis. That is going to do American companies then would be World Trade Organization accession more to improve human rights than forced to sit on the sidelines as compa- agreement will dramatically lower ag- anything else. nies from the European Union or Asia ricultural tariffs and eliminate many When it comes to making decisions, or Africa or elsewhere take our busi- nontariff trade barriers. As a result, the WTO applies the democratic prin- ness and ultimately take our jobs be- our farmers will sell more soybeans ciple of consensus rule. All of these cause we have not assumed this oppor- and more soy oil to China than ever be- principles—democratic decision- tunity of freer trade with China. fore. making, nondiscrimination, non- If we pass up this opportunity, Amer- After the United States, China is the arbitrary regulation—are also the obvi- ica will be at the end of the line of the second largest consumer of corn and ous, essential ingredients of political 137 other WTO countries, that will be corn products in the world. As the dis- freedom. The process of economic re- standing in front of us, trading with tinguished Presiding Officer knows, my form, guided by China’s WTO commit- China. State is No. 1 in the production of corn ments, will mean that China will be- I want to give my colleagues two in the United States, as his State is come more open. They will eventually real-life examples from my State of No. 1 in the production of wheat. become more free. We know, perhaps Iowa. China’s WTO commitments will cre- better than any nation on Earth, that Tucker Manufacturing Company is a ate a great export opportunity for economic and political freedoms share family-owned business in Cedar Rapids, Iowa’s corn growers and for corn grow- deep roots. Iowa, that has developed a unique win- ers across the United States. That economic and political rights go dow-washing system which it makes Iowa State University professor hand in hand is at the heart of Amer- and sells around the world. Tucker has Dermot Hayes recently told my inter- ica’s constitutional heritage. Many in

VerDate 11-MAY-2000 01:13 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.061 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7983 China know that economic and polit- I agree with Professor Steinfeld. Chi- them are on the verge of going out of ical reform are closely linked as well. na’s membership in the World Trade business because of reimbursement That is why many of China’s military Organization will require it to reform a schedules for Medicare and Medicaid. hardliners oppose China’s entry into very large portion of its economy, and Without those, especially in rural the World Trade Organization. not only to comply with WTO rules, areas, we are in a very serious set of Perhaps it is this inevitable linking but to be able to compete internation- circumstances involving the health and between economic reform and political ally. in many cases the lives of people who freedom that has inspired the Dalai With a ‘‘yes’’ vote on the motion to live in rural areas today. Lama, no stranger to China’s religious proceed and a ‘‘yes’’ vote on approving I thank those in schools all over repression, to say: permanent normal trading status for South Dakota who opened their doors I have always stressed that China should China, we can help change the world. and their offices to me in Kadoka, not be isolated. China must be brought into China constitutes one-fifth of the White River, Lemmon, and most of our the mainstream of the world commu- world’s population. We can be on the Indian reservations in Belle Fourche. I nity.... right side of history. We ought to be on thank them. To those who doubt that economic the right side of history. I urge a vote I thank those who especially were reform has occurred in China, or that for this motion to proceed and a vote of willing to meet with me on hospital re- it is significant, I ask them to consider yes on final passage. imbursement and appreciate very much how much has changed in the last half I yield the floor. their willingness to talk about how se- century. You will remember that in Mr. REID. Mr. President, I suggest rious the circumstances were with re- 1952, China’s Communist government the absence of a quorum. gard to Medicare reimbursement for mounted a wide-ranging crusade to un- The PRESIDING OFFICER. The hospitals and clinics throughout our dermine private entrepreneurs, clerk will call the roll. State. businesspeople were commonly con- The legislative clerk proceeded to I must say, at virtually every one of demned as ‘‘counterrevolutionaries,’’ call the roll. our stops we had occasion to talk and many were assessed large fines and Mr. REID. Mr. President, I ask unan- about the unfinished agenda here in forced out of business. imous consent that the order for the the Senate. I want to talk just briefly In fact, by 1956, China required all quorum call be rescinded. about that prior to the time we turn to private firms to be jointly owned and, The PRESIDING OFFICER (Mr. another important piece of legislation, in fact, run by the government. In BROWNBACK). Without objection, it is so the energy and water bill. practice, this meant that we had state ordered. control of all private enterprise in f The PRESIDING OFFICER. The China. It wasn’t until the early 1980s Democratic leader. UNATTENDED LEGISLATION that private enterprise began to re- Mr. DASCHLE. Mr. President, I Mr. DASCHLE. Mr. President, there emerge in China. More significantly, it would like to use an amount of my is great concern about unattended leg- wasn’t until 1988 that the private econ- leader time prior to the time we go to islation, legislation having to do with omy even had a defined legal status in the energy and water bill to speak on health care, education, meaningful gun China. an unrelated matter. safety, and minimum wage. There is no Today, 12 years later, China is a dif- The PRESIDING OFFICER. The legitimate reason we could not have ferent country. Today, young Chinese Democratic leader is recognized. accomplished something on each of the engineers who studied and worked in issues I have mentioned and many California’s Silicon Valley are going f more. back to China, lured by entrepreneurial FIREFIGHTING HELP IN SOUTH There is no legitimate reason this opportunities that didn’t even exist a DAKOTA Congress couldn’t have passed a real few years ago. Mr. DASCHLE. Mr. President, I The number of individuals employed Patients’ Bill of Rights long before haven’t had the opportunity yet today by the private sector in China has this. to welcome all of our colleagues back soared by over 31 percent in the last 3 There is no good reason we couldn’t and to express my hope that we use years. That is bad news for China’s have added a voluntary Medicare pre- state-owned enterprises. That happens this next period as productively and as scription drug benefit. to also be bad news for China’s People’s successfully as we can. There is no reason we couldn’t have Liberation Army, which depends on As have most of my colleagues, I had agreed by now to strengthen our chil- many state-run businesses for revenue the opportunity to spend a good deal of dren’s schools. We have had many op- and have opposed these reforms that time at home in South Dakota for the portunities. There are those who say are going on within China, including last 3 weeks. that passing bills is hard work. this agreement before the Senate. I especially want to commend the If you want to see real hard work, go But this development is good news Forest Service for the extraordinary to Murdo, South Dakota some day. for the cause of freedom. As the num- job they have done in fighting histori- Talk to Cathy Cheney and the five ber of individuals employed in the pri- cally the most consequential fire we other members of her volunteer ambu- vate sector rises, the state will have have had in the State now, with 85,000 lance squad. less and less direct control over how acres of timberland burned. I am grate- They are on call 24 hours a day, seven people think and how people react to ful for the response we have had from days a week. When a call comes in— political change. people all over the country. I espe- even if it’s in the middle of the night— Massachusetts Institute of Tech- cially thank the Forest Service, the they drop whatever they’re doing, nology professor Edward Steinfeld is Governor of the State of South Dakota, leave their jobs and families, and go. one of our country’s keenest scholars William Janklow, for the remarkable Most times, they are not back for at on what goes on in China. This is what job he has done, the National Guard for least 3 hours. he had to say about the meaning of their response, and the volunteer fire When they’re not answering calls, China’s World Trade Organization con- departments from all over the State of they’re studying for certification tests. cessions on China’s direction as a coun- South Dakota and surrounding region. And they don’t get paid a dime for any try: We are grateful for their extraor- of it. That is hard work, Mr. President. The concessions of 1999 represented a thor- dinary response, and we are grateful as And it is not just South Dakotans who ough reversal of course. Instead of reform well for the effort that has been made face challenges like this. serving to sustain the core, the core itself to contain the fire which is now 85-per- Go to any community in any state in would be destroyed to save reform, along cent contained. America, and you’ll find people who are with the growth, prosperity, and stability re- I thank the volunteer ambulance per- working hard—some of them are work- form has brought to China. In the new view, instead of using market sonnel whom I met from all over the ing two and three jobs—to make a de- forces to save state socialism, state social- State. We are experiencing what many cent life for themselves and their fami- ism itself would have to be sacrificed to pre- of our colleagues are experiencing with lies, and to give something back to serve the market economy. volunteer ambulance service. Many of their communities.

VerDate 11-MAY-2000 02:14 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.063 pfrm02 PsN: S05PT1 S7984 CONGRESSIONAL RECORD — SENATE September 5, 2000 You will find older people who worth of tax cuts for the wealthiest in gun violence. Let’s raise the minimum worked hard for 40 and 50 years, who the country. Why can’t we just do the wage $1 an hour over 2 years. Let’s fi- are retired now. They are not asking us right thing? Why can’t we just raise nally pass a prescription drug benefit to do the impossible. the minimum wage $1 an hour over 2 and a real Patients’ Bill of Rights. They are not asking us to make un- years without having to spend tens of We were pleased by what we heard in reasonable concessions. All they are billions of dollars on new tax breaks Philadelphia about prescription drugs asking is that we make a good-faith ef- for people who need them the least? and a Patients’ Bill of Rights. We are fort to solve the problems these fami- Instead of working to pass a people’s more pleased with the commercial run- lies are dealing with today and who agenda, our Republican colleagues ning in Rhode Island. That commer- face the challenging months and years have spent most of the last 2 years pur- cial, paid for by the Republican Senate when they must examine, address, and suing one goal: Cutting taxes the Committee, praised Senator CHAFEE answer problems in their own lives. wrong way, creating huge new tax for. When the 106th Congress began, breaks at the expense of everything . . . voting against his own party and for a many of us had great hopes about what and everyone else. real Patients’ Bill of Rights . . . and a pre- we could accomplish. This week we will lose more time and scription-drug benefit that gives seniors the We had had budget surpluses 2 years more opportunities because they insist drugs they need at a price they can afford. in a row and were on our way to a third on trying to override the President’s Both of those plans referred to in year—something that hadn’t happened vetoes on their so-called marriage pen- that ad are our plans. We intend to in 50 years. The economy was setting alty and estate tax bills. Never mind give our colleagues a chance to make record after record. that 60 percent of the cost of their mar- that record match the rhetoric before After years of having to downsize our riage penalty has nothing to do with this Congress ends. We will start by of- dreams because of the deficit, Ameri- fixing the marriage penalty. Never fering the bipartisan Norwood-Dingell cans were finally in a position to start mind their estate tax bill benefits only Patients’ Bill of Rights the first chance hoping again, and tackling some of the the wealthiest 2 percent of estates. we get. There is no reason the Amer- big challenges facing working families. Never mind that neither bill will help ican people should have to wait until Nearly 2 years later, almost none of middle-class families. In fact, they will next Congress for a real Patients’ Bill those hopes has been met. hurt ordinary Americans by eating up of Rights. It is time to stop stalling. It As we near the end of this Congress, the expected surplus, money we need is time for an up-or-down vote in this it appears increasingly likely that they for other things. Senate on the Dingell-Norwood Pa- will not be met. One reason for that is, Our friends on the other side of the tients’ Bill of Rights bill. We also in- frankly, our less than ambitious legis- aisle clearly think their tax cuts are tend to give our colleagues the chance lative schedule. If we adjourn, as good politics. They just hope the Amer- to support a voluntary affordable pre- planned, on October 6, the Senate will ican people accept their spin and don’t scription drug benefit. If they really have been in session for a total of just check the facts. believe in these things, they will have 115 days this year. That is 115 out of Despite the history of this Congress, the opportunity to work with this side 365. my colleagues and I have not given up to pass them. Let’s schedule the vote. By any objective measure, that is not hope for its future. Five weeks is not a We will support them, and the Presi- exactly breaking a sweat. In fact, it is lot of time, but it is enough time. Even dent will sign them. the lightest Senate schedule since 1956. given the time we must spend on ap- We spend far too much time in this It is only 2 days more than the infa- propriations bills and the China trade Congress talking about things that mous do-nothing Congress of 1948. But legislation, there is still enough time don’t matter for working families and the calendar is not the only reason we for this Congress to solve some of the avoiding the problems that do matter. have achieved so little. problems real people talk about and The progress we had hoped to make at A more significant, and troubling, worry about outside of Washington. the beginning of this Congress is still reason for this Congress’ inaction has In 1948, Republicans held their Presi- within our reach. Let’s not waste an- been the absolute refusal by Repub- dential nominating convention in other day. Let’s work hard in these lican leaders in both houses to pass the Philadelphia. At that convention they next 5 weeks on the issues I have men- people’s agenda. endorsed a platform filled with all tioned, into the night and through the For 2 years, majority leaders in both kinds of measures a Republican Con- weekends if we have to. Let’s not give houses have used their numerical ad- gress had spent the previous 2 years up until we have honestly said we have vantage, and every parliamentary trick blocking. Back then there was no Sep- done what the American people sent us they could find, to prevent us from tember session of Congress. It went here to do. passing a real Patients’ Bill of Rights. from the convention to the campaign I yield the floor. Despite the fact that there is an trail. President Truman was so amazed Mr. DOMENICI. I ask unanimous overwhelming majority in the Congress by what he heard in Philadelphia, he consent for 3 minutes to comment on and an overwhelming majority of the ordered Congress back for a special ses- the comments of Senator DASCHLE American people who want campaign sion. He told Members: There is still after a few brief remarks. finance reform, Republican leaders in time before the election. If you really The PRESIDING OFFICER. Without both Houses have prevented us from believe what you say, pass your plat- objection, it is so ordered. passing the McCain-Feingold bill. form and I will sign it. Mr. DOMENICI. Mr. President, clear- Despite pleas from the victims of the Last month, our Republican friends ly I appreciate the distinguished mi- Columbine tragedy and more than a held another nominating convention in nority leader’s cooperation in getting million moms who came to Washington Philadelphia, the first time they have this bill up. I appreciate the tone of his to petition Congress, Republican lead- been back since 1948. Once again, they comments in that he desires appar- ers have repeatedly refused to pass rea- claim to support all kinds of things Re- ently to get this bill and other bills sonable gun safety measures. publicans in this Congress have spent passed. I hope that is true. I say to the They oppose our plan for affordable the last 2 years fighting. We have a re- Senate, I will do my best to try to fin- prescription drug coverage. They op- quest for our friends across the aisle, ish this bill tomorrow night. I don’t pose our plan to strengthen our chil- right now, tonight. There are still 5 know of a lot of real difficult amend- dren’s schools by making classes small- weeks left in this Congress. Let’s use ments. There are some important er and schools safer and setting higher this time to do the things you said in amendments for regions of the country standards. Philadelphia you support. Let’s pass a and otherwise. Clearly, I have seen no For 2 years, they even opposed rais- responsible budget that pays down the amendments thus far that attack the ing the minimum wage by $1 over 2 debt, protects Social Security and substance of this bill which I will ex- years. Now some of our Republican col- Medicare, and invests in America’s fu- plain shortly. leagues in the other body say they ture. Let’s cut taxes for working fami- Mr. President, what is not said by the might be willing to do this but only if lies. Let’s strengthen our children’s minority leader, in an effort to analyze we include tens of billions of dollars schools and protect our children from the entire Presidential election and

VerDate 11-MAY-2000 01:58 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.021 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7985 what is going on here in the Congress it goes to Americans whom the Vice Mr. DOMENICI. Mr. President, I ask as of this moment, first, on tax reform President chooses to give back money, unanimous consent—and this has been measures that the Republicans have by way of just giving them a check approved by the other side—that the proposed, call them what you may. Of that matches or exceeds their own committee amendment to H.R. 4733 be course, the distinguished Senator, mi- money, in a huge way. The largest adopted and that the bill as amended nority leader, chooses to call them so- transfer of wealth that we probably be considered as original text for the called marriage penalty reform. have ever seen is tucked away in what purpose of further amendments, pro- Between 35 and 45 million American the Vice President calls tax cuts for vided that no points of order are couples are affected by that bill. Af- the American people. waived by this request. fected how? Their taxes will go down Read the Washington Post editorial The PRESIDING OFFICER. Without for no other reason than we will elimi- of 4 days ago. While they are quick to objection, it is so ordered. nate a penalty currently imposed just criticize Republicans, they have a very Mr. DOMENICI. Mr. President, the because they are married. Whether we good paragraph in the middle of their Committee on Appropriations favor- have some other people covered in it or editorial saying: Mr. Vice President, ably reported H.R. 4733 by a vote of 28 not, let me suggest we know what it Democrats, why do you insist on tell- to 0 on Tuesday, July 18. will cost in 5 years. We know what it ing the taxpayers, including middle in- Senator REID and I have worked very will cost in 10 years to the Treasury if come taxpayers, how they should spend hard this year to put together a fair we give back a little bit of money to the tax dollars you want to give them bill under extremely difficult cir- the married couples in America who back? The Washington Post says: If cumstances. As reported by the com- are getting taxed extra just because you want to give them a tax cut give mittee, the recommendation would they are married. them a tax cut. They don’t do that. provide $22.470 billion in new budget What else did we pass? We passed a They create some new targeted pro- authority for fiscal year 2001. That 10-year phase-in of the death tax. Sure- grams. If you want to use them, you total is broken out between a defense ly those on the other side know that by have to use it for college tuition. If you allocation that is pretty good, and a definition the only people who pay a want to use it, you have to use it for non-defense allocation that is ex- death tax—that is, a tax on death—are this, that, or the other. tremely limited. people who have accumulated some as- Question: Don’t some Americans The Defense BA allocation is $13.484 sets. So they could all be called rich. have more concern about how to use it billion. That is $400 million over the Essentially, the current law of America and where to use it, and would do that President’s request and $1.384 billion says if, after your mother and father right, rather than to have the Govern- over last year. The committee re- have worked their whole lives and have ment do that for you while making the quested the additional money to ad- acquired four drugstores and own a Tax Code more complicated and claim- dress some very serious needs in the house and have invested in a piece of ing they are giving you tax relief? nuclear weapons complex, defense envi- property, if that ends up being $10 mil- Frankly, I could answer many more ronmental clean-up, and in ongoing lion—I am speaking to Americans who of the questions but I will just do the international nonproliferation pro- might have worked 40 years—right now issues raised by the minority leader, grams. the Government can take as much as 65 and I will only address one. However, the BA allocation on the percent of it upon their death. The President of the United States non-defense side of the bill is much That is the question. Is that right? has never attempted to seriously do a more difficult—it provides $8.986 bil- Does America want that? Or should we bipartisan Medicare prescription bill— lion, which is $603 million below the ask our President to sign a bill that never. He has sent us his own, but President’s request and $73 million phases that out over 10 years? never has negotiated with Republicans. below the current year level. I happen to have looked at numbers The one time we had a bipartisan com- In order to accommodate some seri- to see how they relate one to another mittee, since you required a super- ous shortfalls in the President’s re- in this budget process. My estimates majority, he pulled his support so it quest, and some very legitimate re- are as follows: Both of those taxes com- would not have a supermajority—yet it quests from Members, we have had to bined cannot be risky to America. had a majority, bipartisan, for a major cut a significant amount more than the Why can’t they be? Because they reform and prescription drug bill. So $603 million we are short from the re- amount to somewhere between 10 per- one of the reasons most of the things quest. cent and 12 percent of the surplus—10 not getting done are not getting done The allocation has also forced the percent to 12 percent of the surplus, is because they have become so par- committee to make very difficult the non-Social Security surplus which tisan that the other side of the aisle choices, and we have tried to do that is $3.4 trillion. says, ‘‘Our way or no way.’’ The Presi- on as fair a basis as possible. We have The same people who say that is dent says, ‘‘My way or no way.’’ The followed certain criteria. In the water risky have on the table at least five Vice President says, ‘‘I am running for accounts for example: new programs that will spend more of President and here is what I propose. It No. 1, we have tried to focus avail- the surplus than those two tax cuts. will be that way or no way.’’ able funding, to the greatest extent Are those programs therefore risky, be- That is what the American people possible, to ongoing studies and con- cause they spend more of the Federal will find out, I hope, as we debate these struction projects. surplus than these two tax reform issues in an effort in the next 5 weeks No. 2, we have included no new con- measures? No. But neither are the tax to resolve many of them. And I hope we struction starts or new initiatives in cuts, just because they are tax reform do. fiscal year 2001, and only a very limited measures. They are not risky just be- f number of new studies or planning cause they give people back some of projects. their money. To those on the other side ENERGY AND WATER DEVELOP- No. 3, we have not included unauthor- and the Vice President, who is running MENT APPROPRIATIONS ACT, ized projects or water and sewer infra- for President, they must be risky be- 2001 structure projects contained in the cause they give back to the American The PRESIDING OFFICER. Under Water Resources Development Act of people some real tax reform money. the previous order, the clerk will re- 1999. If we want to go on to debate whether port the bill. No. 4, numerous projects budgeted at the Vice President even has a plan to The bill clerk read the title as fol- or near the Corps’ capability have been give Americans back any of their tax lows: reduced in order to pick-up funds for money, we can do that at any time. I A bill (H.R. 4733) making appropriations congressional priorities and to restore am not on the tax writing committee, for energy and water development for the fis- funding not requested by the adminis- but I will volunteer. I will be here. And cal year ending September 30, 2001, and for tration for flood control and inland I can tell you right up front, very little other purposes. navigation projects. of what the President proposes goes to The PRESIDING OFFICER. The Sen- No. 5, given these constraints, we taxpayers for tax relief. Almost all of ator from New Mexico. have been limited to accommodating

VerDate 11-MAY-2000 01:58 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.070 pfrm02 PsN: S05PT1 S7986 CONGRESSIONAL RECORD — SENATE September 5, 2000 only the highest priority requests of Within the defense allocation, we Accelerator Applications. The com- Members where possible. have been able to add significant funds mittee recommendation includes $60 Having said that, the recommenda- to some very pressing problems. million to continue the important tion for the U.S. Army Corps of Engi- Within Weapons Activities, the com- work on a back-up tritium source for neers totals $4.104 billion. This is $41 mittee has provided $4.883 billion, an defense purposes, but will also fund im- million above the budget request and increase of $244 million over the budget portant work on accelerator $22 million below the FY 2000 enacted request. The committee is very con- transumutation of waste and other ac- level. The following is a highlight of cerned about the state of the science celerator applications. the recommendation of the Corps based Stockpile Stewardship Program. The committee continues its strong Budget for FY 2000: As it is now, the program is not on tradition of support for nuclear non- General Investigations totals $139 schedule, given the current budget, to proliferation issues. We recommend million, down $23 million below the develop the tools, technologies and $909 million, an increase of $43 million current year. skill-base to refurbish our weapons and over the request, and $180 million more Construction General totals $1.361 certify them for the stockpile. For ex- than last year. billion, down $24 million below the cur- ample, we are behind schedule and over For Defense Environmental Manage- rent year. cost on the production of both pits and ment, the committee recommends Operation and Maintenance totals secondaries for our nuclear weapons. $6.042 billion, a $326 million increase $1.862 billion which is $8 million over The committee has provided signifi- over last year. To the extent possible, the current year. cant increases to these areas. we have tried to address the needs of Moving on to the Bureau of Reclama- Furthermore, DOE has failed to keep Members with environmental manage- tion, the recommendation before the good modern facilities and our produc- ment sites. We have provided increases committee totals $753 million. This is tion complex is in a terrible state of at Savannah River and the Hanford $48 million below the budget request disrepair. To address these problems, site, and provided additional funds for and $13 million below the current year the mark provides an increase of over environmental science and technology level. The recommendation includes: $100 million for the production plants research at Idaho and other labs. Six hundred and fifty-five million in Texas, Missouri, Tennessee, and In summary, the recommendation be- dollars for Water and Related Re- South Carolina. fore you is for $22.47 billion, a reduc- sources which includes both construc- But it is not just the physical infra- tion of $225 million from the request. tion and operation and maintenance of structure that is deteriorating within Within that amount, non-defense pro- Bureau projects. This is $50 million the weapons complex, morale among grams are reduced $603 million while over the current year level. the scientists at the three weapons lab- defense accounts increase $400 million. None of the $60 million requested for oratories is at an all-time low. For ex- This is going to be a difficult year, but the California Bay-Delta Restoration ample, the last two years at Los Ala- I look forward to consideration by the program is provided in the bill, as the mos have witnessed security problems full Senate. authorization for this program expires that greatly damaged the trust rela- It is our intention to work hard over in fiscal year 2000. tionship between the government and the next few evenings to complete Thirty-eight million dollars for the its scientists. Additionally, research work on the bill. It is my intention to Central Valley Project Restoration funds have been cut and punitive re- seek a unanimous consent that all Fund a reduction of $4 million from the strictions on travel imposed. amendments be filed by noon on current year. As a result, the labs are having great Wednesday. We will be here all For the Department of Energy’s non- difficulty recruiting and retaining evening, and I urge my colleagues to defense accounts, we have proposed America’s greatest scientists. To help bring any amendments they may have some substantial reductions from the address this problem, the bill has in- to the floor so we can consider them. It President’s request. However, in many creased the travel cap from $150 mil- is my intention, shortly after all cases, those reductions appear large lion to $200 million, and increased Lab- amendments have been filed, to act on only because the President proposed oratory Directed Research and Devel- a package of managers amendments. large increases we will not be able to opment. And I intend to offer addi- Before I yield back, I would like to accommodate, given our non-defense tional amendments to increase LDRD thank Chairman STEVENS for the allocation. and travel. In other accounts such as Nuclear For security, the committee rec- strong support he has given to the en- Energy R&D, the administration re- ommends $336 million for the Depart- ergy and water bill, particularly on the quest was 4 percent below current year. ment’s security office, an increase of defense funding side. I would also like Therefore, the committee has tried to $213 million over last year. This is in to thank my ranking member, senator balance the Department’s research ef- addition to the $45 million for in- REID, for all the effort he has put forth forts by providing reasonable increases creased Cyber Security that was just in working together on this bill. to these important research efforts. enacted as part of the fiscal year 2000 Mr. JEFFORDS. Mr. President, I For the Science programs at the De- Supplemental. In addition, the com- wonder if the Senator from New Mexico partment of Energy, the committee mittee has made sure General Gordon, will allow me to add a glowing state- recommends $2.870 billion, an increase as the new head of the NNSA, will have ment about the bill he is about to of $82 million over last year, but still the resources and the authority to take speak to? $292 million below the request. care of security throughout the weap- Mr. DOMENICI. I would be pleased to Over half of the total proposed in- ons complex. do that even if it were not glowing but, crease to Science was in one construc- The Department has experienced tre- since it is, I am delighted. tion project, the Spallation Neutron mendous difficulty in constructing its The PRESIDING OFFICER. The Sen- Source in Tennessee. The committee special experimental and computa- ator from Vermont. strongly supports this project and has tional facilities within budget and Mr. JEFFORDS. Mr. President, I rise provided $240 million, an increase of within schedule. The National Ignition today to praise the managers of this $140 million over current year. Facility is only the most recent exam- bill for their commitment to renewable The allocation forced the committee ple, and on that issue, Senator REID energy. I particularly want to thank into some very difficult decisions re- and I have agreed to recommend at this Senator HARRY REID for his leadership garding many otherwise outstanding time only the $74 million requested by in bringing additional funding to ad- programs and initiatives under the Of- the administration, recognizing that vance the cause of clean energy in this fice of Science. For example, although much more money will be required this nation. the committee has traditionally pro- year if this project is to continue. Earlier this year the Senate renew- vided strong support to High Energy Regarding accelerator production of able energy caucus, led by Senators Physics, Nuclear Physics and Fusion tritium, the committee has combined ROTH, BINGAMAN, ALLARD and myself, Energy, all are funded at below last that with other programs to begin an sent a letter to the bill managers ask- year’s level. exciting new program called Advanced ing that they put the U.S. Senate on

VerDate 11-MAY-2000 01:58 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.026 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7987 record in support of wind, solar, bio- helping farmers, ranchers, rural com- this appropriations bill. That is $73 mass, geothermal and other renewable munities, and small businesses. million less than last year’s appropria- energy resources. The 54 Senators who signed this let- tions. It is not a question only of not Mr. President, 54 of our colleagues ter—and in particular—Senator REID, being able to meet the President’s re- signed that letter and they should deserve a great deal of credit for pro- quest. We are, in essence, below last know that the bill before us today tecting the environment, promoting year’s appropriated number, which boosts funding for renewable energy by job growth, and advancing America’s many people say isn’t realistic unless $87 million over last years levels. This future. you are prepared to take some pro- is a great achievement. And unlike in Again, I thank the two sponsors of grams out of the Department—and we past years, I come to the Senate floor the bill, Senators REID and DOMENICI. I can hardly do that. That is a negative without the annual renewable energy praise them for their efforts and help- $73 million. funding amendment but with what will ing in any way possible. I yield the Fortunately, on the defense side, we hopefully be an annual effort praising floor. have talked our way through all these the managers of this bill. The PRESIDING OFFICER. The Sen- different hurdles of how much defense We thank you Senator REID for your ator from Nevada. money is available, and I am very ap- vision and commitment to reducing Mr. REID. Mr. President, if I can re- preciative of the fact that through the this nation’s reliance on foreign oil and spond before the Senator from efforts of our chairman of the Appro- advancing our investment in clean, do- Vermont leaves the floor, this has been priations Committee, the appropriators mestic energy resources. a very difficult issue for Senator who spend defense money—that is the This increase puts our country back DOMENICI and me for a number of years. big defense bill, the smaller bill on onto the path of a sustainable energy We acknowledge the leadership of the military construction and a very small policy. Senator from Vermont on this issue. bill on Commerce that spends some In recent years, the U.S. trade deficit But for him, we probably would not be money on defense—they have left, as has soared. The number one contrib- in the position we are now. I appreciate part of the increase, sufficient money utor to the trade deficit is imported his nice words and recognize his leader- to cover the defense in this bill, which foreign oil—and its contribution has ship on this issue over the many years. is $13.5 billion. reached record levels. The PRESIDING OFFICER. The Sen- I regret to say the problem we have Since the oil embargo of 1973–74, im- ator from New Mexico. is when we go to the House, we have to ports of foreign oil have risen from a Mr. DOMENICI. I thank the distin- raise the House’s number because they little over 30 percent to 55 percent, and guished Senator from Nevada, Mr. are about $600 million below us on the will hit 65 percent in a decade. By then, REID, for what he has said, and I echo defense side of their bill. It is a dif- most of the world’s oil will come from the compliments. I think the Senator ficult problem. potentially unstable Persian Gulf na- from Vermont understands the delicate I do believe the allocation that both tions. position we are in this year in that the chairmen of the House and Senate Ap- These imports account for over $60 nondefense portion of this appropria- propriations Committees are going to billion. That is more than 36 percent of tions bill is inadequate to cover the ultimately come up with will make us the U.S. trade deficit. These are U.S. nondefense research and water projects whole at the Senate level on defense. I dollars being shipped overseas to the we ought to be covering in the bill. just explained why. The money is Middle East when they could be put to I believe when we were able to almost there, and I hope before this is over, we better use here at home. match the Senator’s and his cospon- will convince everyone we are in an In 1976, myself and a number of fresh- sors’ request on solar and wind, they area where we have to be very con- men Members of the House of Rep- understand we are hopeful when we get cerned how much money we are spend- resentatives proposed such a provision to conference of getting some addi- ing on the defense side because the mo- and nearly passed it to the exact same tional money from the budget and the rale and capability of our National 10 percent. Unfortunately, that failed. appropriators for the nondefense por- Laboratories to maintain our nuclear But at that time we, a number of us tion of this bill which will make it weapons activities is getting very close working together, did start the wind easier for us to keep this and hold it all as to whether it can continue in a man- energy program, which is now blos- the way through. I have been sure and ner we have expected over the years. soming, with Vermont being the leader careful to explain that to the Senator When somebody says it is only $7 in that field, and also, with a very good from Vermont. I am sure he is aware of million and I need it for a levy and I amendment I was able to get on, we it. I wanted to put it in the RECORD. need to start a program even though started, really, the solar voltaic pro- Mr. JEFFORDS. Mr. President, if the we said no new starts, I want to keep in gram at that particular time. During Senator will yield, I agree with him 100 front of everybody that we are $604 mil- the period since that time, a couple of percent, and I am going to do all I can lion below the President on nondefense, times we have come very close to put- to assist him. and the House is $600 million below ting into a mandatory situation where Mr. DOMENICI. Mr. President, while ours on defense, and we are $500 million we would decrease the consumption of Senators are going to talk about higher than the President’s on defense. oil by 10 percent through renewables. projects, programs, activities, and Those will be put up here for everybody Now we are on our way, finally. amendments to add $5 million here or to see. Hopefully, this bill will pass. $7 million there, I want to break this If anybody wants an interpretation of We are lowering our balance of pay- appropriations bill into two parts—I what is in this bill, I tried very hard in ments. wish I had it on a chart, and maybe I a nonpartisan way to explain it in my We are providing an invaluable insur- will have it the next time we are on earlier statement. I have given full ance policy to enhance our national se- this bill—so that when anybody offers credit to the magic of bipartisanship curity. an amendment that costs money, if it when it comes to writing a bill like And we are protecting our environ- is in the nondefense part, whatever it this. We have to try to work together. mental and reducing air pollution. is for, maybe some science research, Maintaining our nuclear capacity Federal support for renewable energy maybe a water project that we did not through science and research and non- research and development has been a fund, maybe operation and mainte- proliferation should not be a partisan major success story in the United nance for some part of the Mississippi, issue. Thanks to Senator REID, it is States. Costs have declined, reliability a levy system, we are going to try to not. There are a few disagreements he has improved, and a growing domestic show you where we are really hurting and I have. We will iron them out on industry has been born. for money is the nondefense part of the floor. Through this boost in the renewables this budget, the water projects and the I want to make sure everybody un- budget, we are building upon our suc- nondefense science. derstands that right now, this day, 5 cesses. We are helping to develop in- As a matter of fact, the allocation is weeks before the new fiscal year, the dustries which reduce our trade deficit about $604 million below the Presi- nuclear defense laboratories, which es- and boost national security. We are dent’s request in the nondefense part of sentially are made up of a piece of the

VerDate 11-MAY-2000 01:58 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.023 pfrm02 PsN: S05PT1 S7988 CONGRESSIONAL RECORD — SENATE September 5, 2000 National Laboratory in Tennessee running the nuclear weapons activities weapons are right and safe. As we called Oak Ridge, called Y–12, plus Los of America. We have a great man, Gen- lower the numbers—which we are going Alamos National Laboratory, Sandia eral Gordon, heading it. Give him a to be doing; that, we can all say—even National Laboratories in Albuquerque chance. Give him a chance to restruc- with lower numbers, we know what we and Livermore, and Lawrence Liver- ture. At the same time, let somebody are doing. We do not have to have tests more National Laboratory, are the lab- who knows their problems lead this ef- because we know they are safe. oratories that maintain our nuclear fort. He is about as knowledgeable as If we do not, I am going to support weapons activities that measure the anyone we could get to head the NNSA, people who come to the floor and say: performance and ability of our nuclear the National Nuclear Security Admin- Let’s start testing again. Have no weapons, and their safety and reli- istration. It is hard to remember that doubt about it. We voted in the Mark ability. name, but it will not be hard in a cou- Hatfield amendment to start a morato- Right now, they are fragile because ple years because this general is going rium. We are doing it unilaterally. the morale is low. Throughout this to make sure we know about it. They are saying: Why don’t we sign the short debate, I will keep mentioning to He is already showing some real lead- treaty? We are not doing any testing Senators that we better be careful with ership in terms of our understanding by statute right now. reference to the scientists who have what NNSA is. It is the entire package So these great scientists have to sub- done the big defense work who we must of activities for our nuclear safety as stitute brainpower and equipment for retain at these laboratories to perfect far as our weapons and nonprolifera- what underground testing used to give our Stockpile Stewardship Program, tion. We know he is going to fix this them, with information about the ade- which allows no weapons testing while morale issue if we give him a chance. quacy, the safety, the reliability. we are still going to protect the reli- For now we have to be very careful. Now we have to do it by computers, ability of our weapons. We need to re- For instance, the House limits their by new machines, new, fantastic x-ray tain the old heads who have done this travel again, even lower than the machines that look inside bombs. We work for so long. At Los Alamos there President recommends. Does it ever had better have the very best people in are about 40 of them who are in the X occur to anyone that the great sci- America working there, wouldn’t you division, including NEST or the Nu- entists travel? Was that ever an aston- think? I would. clear Emergency Search Team. ishing conclusion? If you did not know My distinguished friend from Nevada Their morale is very low because, my it, let me tell you: Great scientists wants to speak. colleagues will recall, that is the area travel. They love to go to conventions I yield the floor. where that hard drive was found behind and conferences to share ideas. And if The PRESIDING OFFICER. The Sen- a machine, and they did not know how you say to a young crop of the best sci- ator from Nevada. it got there. They have now been under entists in America: Come and work at Mr. REID. It is my understanding the investigation for 14 weeks. Fourteen Los Alamos, but you had better re- Senator from Maine wishes to make a weeks is a long time to have the very member that you can only make one relatively short statement. I do not best scientists in the world who have trip a year—well, what they are telling want to impose upon her time because us already is: Hey, I have a company maintained our nuclear capacity, some we have to be here anyway. that doesn’t limit me. They are offer- of them for 30 years, some for 25, some I believe the Senator from New Mex- ing me some stock options. They want more 40, under investigation. We do not ico wishes to be recognized. me to come. want them to leave the laboratories, Mr. DOMENICI. I had indicated I Pay isn’t a problem. We pay our sci- wanted to send an amendment to the and we want to attract the best new entists pretty well at these labora- scientists to follow in their footsteps desk so we have one pending. tories, as a matter of fact. I must tell AMENDMENT NO. 4032 and have them educated by the other you, if they like their work they will scientists. We are not succeeding at ei- Mr. DOMENICI. Mr. President, I send stay there. an amendment to the desk and ask for ther. So my concern is a very serious one. its immediate consideration. The new recruits of the very best sci- We could not do what I think we must The PRESIDING OFFICER. The entists are at an all-time low, and that do and live with the House number on clerk will report. is measurable. In other words, we know defense in this bill. We are $600 million how many scientists we invited to The assistant legislative clerk read higher than the House. We tell the Sen- as follows: work and how many accepted. I will ate that with much pride because you put that in the RECORD. It is very low have to give these laboratories what The Senator from New Mexico [Mr. DOMEN- ICI] proposes an amendment numbered 4032. compared to 5 years ago. We also know they need. how many are planning to leave, and it Let me give you just one area. The Mr. DOMENICI. Mr. President, I ask is very high compared to other years. National Laboratory structure, with unanimous consent that reading of the Everybody knows I have a parochial reference to nuclear weapons, is in amendment be dispensed with. interest. At least they would assume need of an entire new, let’s say, 10-year The PRESIDING OFFICER. Without that. If one of my colleagues had a lab- plan for rebuilding ancient buildings. I objection, it is so ordered. oratory like Los Alamos in his or her use the word ‘‘ancient’’ because some The amendment is as follows: State, I say to any Senator, I assume of them are so old that if you could Starting on page 64, line 24, strike all they would be concerned about it. If apply the historic preservation stat- through page 66, line 7. they had a Sandia National Labora- utes in the State of New Mexico, some Mr. DOMENICI. The amendment re- tory, which is the engineering labora- of them would be untouchable because moves from the bill an environmental tory for nuclear weapons, I assume they are too old. That is how old they provision that I had put in there prior they would be concerned. are. I do not want to tell you how old. to a successful discussion of the issues I am concerned, and I have to try to But it is not very old to be labeled and termination of the issues tempo- convince the Senate that we have to ‘‘old’’ anymore if you are a building. rarily in the State of New Mexico. So I put back some money in terms of mo- But we started a plan. We started an do not need the amendment. Senator rale builders, and we have to start tell- approach for $100 million in this bill, to REID knows about it. That is what this ing those great scientists that they start some of that—for lack of a better amendment is. have done a wonderful job for America. word, we will call it infrastructure. But Mr. REID. The amendment is pend- So something got messed up. If you it is buildings; it is equipment. We ing; is that right? can’t prove there is spying or espio- must go on beyond that for a few years The PRESIDING OFFICER. The nage, pretty soon you ought to get off and get the nuclear weapons complex, amendment is pending. their backs and you ought to say to so to speak, built up or decide we are Mr. REID. Mr. President, I ask unan- them: We are going to fix this adminis- going to have an inferior one. We would imous consent that the amendment be tratively. not be able to tell Americans the best set aside so the Senator from Maine I could go on tonight and tell you people work there. can speak. how we are going to do that because we The best brainpower of America is The PRESIDING OFFICER. Without have a new administrative approach to devoted to making sure our nuclear objection, it is so ordered.

VerDate 11-MAY-2000 01:58 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.076 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7989 The Senator from Maine. not later than 30 days after the date of en- deal with the impending crisis we have Mr. SCHUMER addressed the Chair. actment of this Act. in energy. The PRESIDING OFFICER. The Sen- (C) PERIOD OF APPOINTMENT.—Members The crisis is easy to document. U.S. ator from New York. shall be appointed for the life of the Commis- inventories of natural gas, crude oil, sion. Any vacancy in the Commission shall heating oil, and diesel fuel are all at or AMENDMENT NO. 4033 not affect its powers, but shall be filled in Mr. SCHUMER. Mr. President, I the same manner as the original appoint- near 25-year historic lows. Motorists in thank the Senator from New Mexico, ment. my State of New York and throughout the Senator from Nevada, and most (D) CHAIRPERSON.—The members of the the country are paying gasoline prices particularly, the Senator from Maine Commission shall appoint 1 of the members that are hovering near record highs in for helping arrange time so she and I to serve as Chairperson of the Commission. absolute terms and are increasing at can discuss the amendment that we are (E) INITIAL MEETING.—Not later than 30 record levels. days after the date on which all members of about to send to the desk. I request its The current price of heating oil is the Commission have been appointed, the higher than consumers typically pay in immediate consideration. Commission shall hold its first meeting. The PRESIDING OFFICER. Is there the dead of winter. Natural gas prices (F) MEETINGS.—The Commission shall are at twice their typical price and are objection to setting aside the pending meet at the call of the Chairperson. the highest in history at a time when amendment? (2) DUTIES.— Without objection, it is so ordered. (A) IN GENERAL.—The Commission shall— warm weather keeps demand for nat- The clerk will report. (i) conduct a study, focusing primarily on ural gas low. We are on the precipice of the most The assistant legislative clerk read the oil and natural gas industries, of— (I) the status of inventories of natural gas, serious, most expensive, and most eco- as follows: crude oil, and distillate fuel in the United nomically devastating energy crisis The Senator from New York [Mr. States, including trends and projections for since spiraling prices sent our economy SCHUMER], for himself and Ms. COLLINS, pro- those inventories; into a tailspin in 1976, and, of course, in poses an amendment numbered 4033. (II) the causes for and consequences of en- terms of electricity as well. We have ergy supply disruptions and energy product Mr. SCHUMER. Mr. President, I ask real problems with greater and greater unanimous consent reading of the shortages nationwide and in particular re- gions; demand and not enough supply. amendment be dispensed with. Alan Greenspan said last July that The PRESIDING OFFICER. Without (III) ways in which the United States can become less dependent on foreign oil sup- the high price of oil has been putting objection, it is so ordered. plies; inflationary pressure on our economy The amendment is as follows: (IV) ways in which the United States can and that any further market impact On page 93, between lines 7 and 8, insert better manage and utilize its domestic en- ‘‘would pose a risk to America’s eco- the following: ergy resources; nomic outlook.’’ GENERAL PROVISIONS—INDEPENDENT (V) ways in which alternative energy sup- With crude oil selling for more than AGENCIES plies can be used to reduce demand on tradi- $33 a barrel and natural gas selling for SEC. 4ll. PRESIDENTIAL ENERGY COMMISSION. tional energy sectors; a record nearly $5 per billion cubic (VI) ways in which the United States can (a) FINDINGS.—Congress finds that— feet, we are at the point that Chairman (1) crude oil and natural gas account for reduce energy consumption; (VII) the status of, problems with, and Greenspan warned about. two-thirds of America’s energy consumption; This is on top of a very expensive en- (2) in May 2000, United States natural gas ways to improve— stocks totaled 1,450 billion cubic feet, 36 per- (aa) transportation and delivery systems of ergy season where American consumers cent below the normal natural gas inventory energy resources to locations throughout the spent more than $75 billion on energy of 2,281 billion cubic feet; United States; costs over the previous year. (3) in July 2000, United States crude oil in- (bb) refinery capacity and utilization in Everyone has their own solution to ventories totaled 298,000,000 barrels, 11 per- the United States; and the energy crisis. I have listened to the cent below the 24-year average of 334,000,000 (cc) natural gas, crude oil, distillate fuel, chairman of the Energy Committee and barrels; and other energy-related petroleum product some on that side who say we should storage in the United States; and (4) in June 2000, distillate fuel (heating oil simply pump more oil. And, in the and diesel fuel) inventories totaled 103,700,000 (VIII) any other energy-related topic that the Commission considers pertinent; and opinion of others, we should do that de- barrels, 26 percent below the 24-year average spite what we do to the environment. of 140,000,000 barrels; (ii) not later than 180 days after the date of (5) combined shortages in inventories of enactment of this Act, submit to the Presi- I have heard many on this side say natural gas, crude oil, and distillate stocks, dent and Congress a report that contains— we have to do many things to reduce coupled with steady or increased demand, (I) a detailed statement of the findings and demand, such as raise CAFE standards could cause supply and price shocks that conclusions of the Commission; and and include SUVs and minivans under would likely have a severe impact on con- (II) the recommendations of the Commis- the designation of automobiles and sumers and the economy; and sion for such legislation and administrative raise the average miles per gallon. (6) energy supply is a critical national se- actions as the Commission considers appro- I have heard others talk about new priate. curity issue. types of energy sources and how we (B) TIME PERIOD.—The findings made, anal- (b) PRESIDENTIAL ENERGY COMMISSION.— need to explore them. Probably every (1) ESTABLISHMENT.— yses conducted, conclusions reached, and one of the 100 Members in this Cham- (A) IN GENERAL.—The President shall es- recommendations developed by the Commis- tablish, from among a group of not fewer sion in connection with the study under sub- ber, particularly after the last 6 than 30 persons recommended jointly by the paragraph (A) shall cover a period extending months, has an idea. There is one prob- Speaker and Minority Leader of the House of 10 years beyond the date of the report. lem. Our ideas are so fractured and so Representatives and the Majority Leader and (c) USE OF FUNDS.—The Secretary of En- lacking consensus that we have done Minority Leader of the Senate, a Presi- ergy shall use $500,000 of funds appropriated nothing. This is not blame on the dential Energy Commission (referred to in to the Department of Energy to fund the Commission. Democrats or Republicans, on the this section as the ‘‘Commission’’), which White House or the Congress. Basi- shall consist of between 15 and 21 representa- (d) TERMINATION OF COMMISSION.—The tives from among the following categories: Commission shall terminate on the date that cally, there is enough blame to go (i) Oil and natural gas producing States. is 90 days after the date on which the Com- around so that everybody can point a (ii) States with no oil or natural gas pro- mission submits its report under subsection finger. duction. (b)(2)(A)(ii). The bottom line is simple: Our de- (iii) Oil and natural gas industries. Mr. SCHUMER. Mr. President, I mand for energy is increasing. Our sup- (iv) Consumer groups focused on energy thank my colleagues from New Mexico ply of energy, particularly domestic issues. and Nevada for making time. I am supply, is decreasing. Unless we come (v) Environmental groups. proud to join with Ms. COLLINS, the to some kind of national consensus, the (vi) Experts and analysts familiar with the Senator from Maine, in offering this problems we faced last winter with supply and demand characteristics of all en- ergy sectors. amendment. home heating oil and this early sum- (vii) The Energy Information Administra- The amendment is a very simple one. mer with gasoline will cause new prob- tion. It calls for a Presidential commission lems. (B) TIMING.—The appointments of the to study and propose, hopefully, con- I have a great deal of respect for the members of the Commission shall be made sensus recommendations on how to Secretary of Energy. I think he has

VerDate 11-MAY-2000 01:58 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.079 pfrm02 PsN: S05PT1 S7990 CONGRESSIONAL RECORD — SENATE September 5, 2000 done a very good job under trying cir- I thank the Chair and my colleagues oline and heating oil in the United cumstances. I don’t blame him. I don’t from New Mexico and Nevada for their States have not been at levels this low blame the President. I don’t blame the generosity and most particularly the since the mid-1970s, when our economy majority leader. I don’t blame the Senator from Maine who is always a was thrown into turmoil due in large chairman of the energy committee. But pleasure to work with on these and measure to a volatile oil market. we have a problem. Thus far, we have other issues. Compounding the problem, the demand been unable to deal with it. The PRESIDING OFFICER (Mr. for distillate fuel is predicted to in- The amendment Senator COLLINS and ALLARD). The Senator from Maine. crease significantly this winter. I have offered to the energy and water Ms. COLLINS. Mr. President, I first In short, the fast approaching winter appropriations bill will create a na- want to thank the managers of this looks bleak. And judging from the tional energy commission. The energy bill, Senator DOMENICI and Senator most recent comments of OPEC offi- commission will be established jointly REID, for bringing this appropriations cials, it is clear that we cannot expect by the President and the majority and bill to the floor in a bipartisan fashion any real relief from the cartel. minority leaders of the House and Sen- and for making this time available to As my colleague has pointed out, ate and will bring together representa- us tonight. there is no consensus in the Congress tives from the energy producing I am very pleased to join with my or in the administration about what States, energy consuming States, oil good friend and colleague from the approach we should take in developing and natural gas industries, consumer State of New York, Senator SCHUMER, a national energy policy. Policymakers groups, environmental groups, and ex- in offering this important amendment differ on what can be done to provide perts and analysts in the energy field. to the Energy and Water Appropria- relief to American consumers. My friend from New York and I have It is just the kind of group needed to tions bill. As my colleague has ex- been advocating for some time that the bring about the consensus we so sorely plained, this amendment is straight- administration implement a respon- lack. There may not be a consensus, forward. It would establish a Presi- sible plan to swap oil from our well- but I believe we ought to try. dential commission to help us develop I, for one, am dubious of many com- stocked Strategic Petroleum Reserve a comprehensive, sustainable energy to satisfy market demand and provide missions. In this case it is needed be- policy. The time is long overdue for cause of the paralysis in Washington in some price relief to American con- this Nation to have an energy policy. sumers. Others in this Chamber advo- terms of addressing this issue, because Unfortunately, the current administra- of the lack of consensus throughout cate different approaches. But I believe tion has failed to develop one. we can all find common ground with the land in how to deal with something Last year when the home heating oil that at the very least is going to cost the notion that, in the long term, we crisis gripped the Northeast, the En- need to conduct a comprehensive study Americans a lot more money and at its ergy Secretary, Bill Richardson, was worst could take our fine economic re- of our oil and natural gas industries in very forthright. He admitted that the order to develop a strategy to stabilize covery and send it into a tailspin. Federal Government had been caught The commission was designed by the fuel prices, to explore alternative en- napping and said that we simply were ergy sources, and to reduce our reli- Senator from Maine and myself to have not prepared. a broad consensus of parties, branches ance on foreign oil supplies. Our Due largely to OPEC’s anticompeti- amendment would take an important of government and views and constitu- tive manipulation of our oil markets, encies. It will conduct a study and pro- first step in accomplishing these goals we have been experiencing dramatic through the creation of a bipartisan vide a report to us on the following: price increases that have rippled the status of inventories of our energy energy commission. throughout the four corners of this Na- I very much appreciate the fact that sources; the cause for and consequences tion. This year consumers have paid 47 the managers have been working with of energy supply disruption and energy percent more for gasoline. Truckers us on this legislation, which I hope product shortages nationwide and in have paid 46 percent more for diesel they will accept. With that, I yield the particular regions; ways in which the fuel. And Northeasterners have paid 81 floor. United States can become less depend- percent more for home heating oil than Mr. REID. Mr. President, I suggest ent on foreign oil supplies; ways in they did just one year earlier. the absence of a quorum. which alternate energy sources can be In my home State of Maine, this The PRESIDING OFFICER. The used to reduce demand on traditional problem is reaching crisis proportions. clerk will call the roll. energy sectors; ways in which the U.S. Seventy-five percent of all Maine The assistant legislative clerk pro- can reduce energy consumption; and households use home heating oil, con- ceeded to call the roll. ways to improve refinery capacity, uti- suming an average of 800 gallons per Mr. DOMENICI. Mr. President, I ask lization, and storage in the United year. Last year, the average Maine unanimous consent that the order for States of natural gas, crude oil, and household spent $320 more than it did the quorum call be rescinded. distillate fuel. The PRESIDING OFFICER. Without the previous year simply to heat with The commission shall provide a re- objection, it is so ordered. port within 6 months of enactment oil. Of course, heating with natural gas Mr. DOMENICI. Mr. President, on be- that shall include an assessment of our provided little relief as natural gas half of myself and with the concur- problems and recommendations on how prices have also soared. And the out- rence of the minority leader, I ask to solve them. look for this year is even worse. unanimous consent that during the In conclusion, last year New Yorkers Meanwhile, although OPEC countries consideration of the energy and water and New Englanders paid more than $2 sold 5 percent less oil in 1999, their appropriations bill on Wednesday, it be a gallon for heating oil. Home owners profits were up by 38 percent. in order for the minority leader, or his paid up to $1,000 more to heat their Today, as a year ago, we find our- designee, to offer an amendment to homes in my State, not because of selves turning the corner toward cooler strike relating to the Missouri River. I weather but because of shortages. Mo- weather and another looming home further ask consent that there be 3 torists, people going on vacation, peo- heating oil price crisis. All signs indi- hours for debate equally divided in the ple driving cars and trucks for a living cate that this one will be even worse usual form on that amendment, and also paid hundreds if not thousands of than last year’s. Consider that crude further, no amendments be in order to dollars more out of their pockets this oil closed Friday at $33 per barrel, up the language proposed to be stricken year. from $22 a year ago. Last week heating by a vote. As Chairman Greenspan warned, this oil futures hit their highest level since The PRESIDING OFFICER. Without is one of the few things that looms on October of 1990. At the same time, as objection, it is so ordered. the near horizon that could throw our my colleague has pointed out, home Mr. REID. Mr. President, as soon as economy off kilter. heating oil and natural gas inventories there is a unanimous consent agree- Let us not get caught unprepared are down. Indeed, distillate stocks are ment, it is my understanding that what again. This amendment is the start of roughly 10 million barrels lower than we are going to try to do—there appear an energy policy that will protect con- the administration predicted just last to be no more amendments tonight. sumers and protect our economy. month. In fact, stocks of crude oil, gas- As soon as there is something

VerDate 11-MAY-2000 02:19 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.082 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7991 from the staff putting us out tonight, I of prisons is an extremely difficult and the three years the law applied to the will withhold. complex task. I fear that establishing states. This does not include cases that Mr. DOMENICI. The Senator is cor- new legal rights for inmates through were not included in the database, and rect. this law will only make that job more some of the cases listed actually in- f difficult and more dangerous. cluded many inmates because the cases The Supreme Court under O’Lone and MORNING BUSINESS were class action suits. other cases established a reasonable Winning lawsuits will encourage in- Mr. DOMENICI. Mr. President, I ask standard for evaluating religious free- unanimous consent that the Senate mates to challenge authority more and dom claims in prison, balancing the more often in day to day prison life, proceed to a period of morning business needs of inmates and the institution. with Senators permitted to speak and S. 2869 will make it much more Then, in 1993, the Religious Freedom likely that they will win. However, therein for up to 10 minutes each. Restoration Act imposed a very dif- The PRESIDING OFFICER. Without even if a prisoner’s claim fails, it costs ficult burden on correctional officials the prison much time and money to de- objection, it is so ordered. when prisoners made demands that f fend, at a time when prison costs are they claimed were based on their reli- rising. The new legal standard will THE RELIGIOUS LAND USE AND gious faith. Although R.F.R.A. was make it much harder to get cases dis- INSTITUTIONALIZED PERSONS held unconstitutional a few years later, missed before trial, greatly increasing ACT OF 2000 the bill will again upset the balance. the diversion of time and resources. Applying this legislation in prison Mr. THURMOND. I rise today to ex- has the real potential to undermine As former Senator Alan Simpson said press reservations about S. 2869, the during the debate on R.F.R.A. in 1993, Religious Land Use and Institutional- safety and security. Inmates have used religion as a cover to organize prison applying this legislation to prisons will ized Persons Act of 2000, and the larger impose ‘‘an unfunded Federal mandate issue of the impact of religious liberty uprisings, get drugs into prison, pro- mote gang activity, and interfere in requiring the State and local govern- legislation in the context of prisons ments to pay for more frequent, expen- and the military. important prison health regulations. Additional legal protections will make sive, and protracted prisoner suits in One of the founding principles of our the name of religious freedom.’’ Nation involves the freedom to wor- it much harder for corrections officials ship. I have always been a strong sup- to control these abuses of religious Some have argued that the fact that porter of this most basic right. For ex- rights. S. 2869 must comply with the Prison ample, for many years I have intro- One example of a successful prisoner Litigation Reform Act solves any prob- duced a constitutional amendment to lawsuit before R.F.R.A. was held un- lems regarding inmates. Unfortu- permit prayer in public schools, and I constitutional concerns an inmate who nately, as the National Association of would be very pleased if we could pass refused to take a tuberculosis test in Attorneys General has recognized, this that amendment. Jolly v. Coughlin. The New York prison is incorrect. It is true that the In the closing hours of the Senate be- system wished to prevent the spread of P.L.R.A. has limited the number of fore the August recess, the Senate con- T.B. to staff and inmates, so it imple- frivolous lawsuits inmates can bring. sidered the Religious Land Use and In- mented a mandatory testing program However, under this new legislation, stitutionalized Persons Act, which is to screen inmates for T.B. so the dis- lawsuits that formerly were frivolous essentially an attempt to change the ease could be treated before it became now will have merit because this bill way the courts interpret the Free Exer- active and contagious. The plaintiff re- changes the legal standard under which cise Clause of the Constitution regard- fused to take the test based on his reli- religious claims are considered. Be- ing prisons and land use regulations gious beliefs, and won. The courts per- cause S. 2869 makes it much easier for throughout the Nation. Ever since the mitted the inmate to violate this very prisoners to win their lawsuits, the Supreme Court held the Religious Lib- reasonable health policy. This is a P.L.R.A. will be of little help. erty Protection Act unconstitutional clear interference with prison safety Not all prisoners abuse the law. In- as applied to the states, supporters of and security. There is no excuse for deed, it is clear that religion benefits this legislation have tried to reverse courts to allow inmates to tell authori- prisoners. It helps rehabilitate them, that decision. Just as the Religious ties what health policies they will or making them less likely to commit Liberty Protection Act has been held will not follow. crime after they are released. In fact, unconstitutional as applied to the This case is just an example of how it is ironic that S. 2869 may actually states and its legality is still unclear S. 2869 has the potential to put courts diminish the quality and quantity of regarding the federal government, back in the business of second-guessing religious services in prison. If R.F.R.A. there are legitimate issues regarding correctional officials and microman- is any indication, requests for religious whether S. 2869 is constitutional. More- aging state and local jails. There accommodation will rise dramatically over, there are serious questions about should be deference to the expertise for bizarre, obscure or previously un- whether this bill is good public policy, and judgement of prison administra- known religious claims. These types of especially as it relates to the prisons tors. These professionals know what is claims divert the attention and re- and jails across America. needed to protect the safety and secu- sources of prison chaplains away from I first wish to note what this bill is rity of inmates, staff, and the public. delivering religious services. The great not. It is not directed at laws that in- The possibilities for inmate demands majority of inmates who legitimately tentionally discriminate against a par- for religious accommodation under S. wish to practice their religious beliefs ticular religion or even all religions. 2869 are limited only by the criminal’s will be harmed by this law. We all recognize that laws that inten- imagination. As the Attorney General tionally discriminate against religious of Ohio said in a letter last year, ‘‘We I am pleased that the General Ac- groups cannot be tolerated, and the have seen inmates sue the states for counting Office will be conducting a courts already routinely invalidate the ‘right’ to burn Bibles, the ‘right’ to study regarding the impact of religious such laws. Rather, this bill is directed engage in animal sacrifices, the ‘right’ liberty legislation in the prison envi- at laws that apply to everyone equally, to burn candles for Satanist services, ronment. We must continue to review but have the effect of burdening some- the ‘right’ to certain special diets, or this important issue very closely. one’s exercise of his or her religion. It the ‘right’ to distribute racist mate- Additionally, I wish to discuss my is this indirect impact that the sup- rials.’’ concerns regarding the effect of reli- porters are trying to address. However, There was a large increase in pris- gious rights legislation in the military. in the process, the bill is entirely in- oner demands and a rise in lawsuits While S. 2869 does not directly impact consistent with the principles of fed- based on religious liberty while the Armed Services, the Administra- eralism, and it creates significant R.F.R.A. was in effect. The Solicitor of tion considers the predecessor to S. problems in many areas. Ohio testified a few years ago that 2869, the Religious Freedom Restora- I would like to specifically address there were 254 inmate R.F.R.A. cases in tion Act, to be constitutional and bind- prisons. The safe and secure operation the Lexis computer database during ing on all of the federal government,

VerDate 11-MAY-2000 01:58 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.084 pfrm02 PsN: S05PT1 S7992 CONGRESSIONAL RECORD — SENATE September 5, 2000 including the military. I strongly be- the military. This is a serious mistake. Department of Defense, I am requiring lieve that the military should be ex- There is simply no reason why the that the Defense Department conduct a cluded from any legislation creating courts should be in the business of sec- study on this drug. It simply has no le- special statutory religious rights. ond-guessing how the military handles gitimate place within our Armed In discussing religious rights, it is these matters. Forces. This is an excellent example of important to note that the Free Exer- In the past, the Department of De- the military going too far today in its cise Clause of the Constitution has fense has recognized this problem. A efforts to accommodate religious prac- never provided individuals unlimited comprehensive Defense Department tices. rights. The Free Exercise Clause must study of religion in the military in 1985 Another problem from the military’s be balanced against the interests and concluded that the ‘‘strict scrutiny’’ efforts to accommodate fringe groups needs of society in various cir- test should not apply to the military. is that it can harm recruitment. Last cumstances. It concluded that adopting this stand- year, various religious organizations Government interests are especially ard ‘‘would be a standing invitation to called for a boycott of the Armed significant outside of general civilian a wholesale civilian judicial review of Forces because of its accommodation life, and the military is the best exam- internal military affairs. . . . It would of these fringe religious groups. The ple. Here, governmental interests are invite use of the results in civilian military is having significant difficulty paramount for a variety of reasons cases as a model for the military con- today with recruitment for our all-vol- that the courts have always recog- text when, in fact, the differences be- unteer force, and the accommodation nized. The courts have always been tween civilian and military society are of groups such as the Wiccas further tasked with balancing the rights of in- fundamental. Adoption of the civilian complicates this problem. dividuals against the interests of soci- ‘strict scrutiny’ standard poses grave Without R.F.R.A., it is clear that the ety. In this area, I believe the courts dangers to military discipline and military could severely limit or pre- have struck a good balance. interferes with the ability of the mili- vent practices such as these if it In Goldman v. Weinberger, the key tary to perform its mission.’’ wished. It is less clear exactly what legal authority on this issue, the Su- The Armed Forces today fully accom- limits the military can impose under preme Court reaffirmed its long-stand- modates religious practices. In fact, I R.F.R.A., to the extent that the law is ing position and made clear that courts have concerns about whether the De- constitutional as applied to the Fed- must defer to the professional judg- fense Department is too generous in eral Government. ment of the military regarding the re- what it is permitting on military bases When I have raised concerns about strictions it places on religious prac- today. For example, as reported last these matters with Defense Depart- tices. The military, not the courts, year in the Washington Post, Army ment officials, I have been told that generally should decide what is per- soldiers who consider themselves to be the military will not permit soldiers to mitted and what is not permitted. members of the Church of Wicca are practice beliefs that pose a threat to This does not mean that soldiers carrying out their ceremonies at Fort good order and discipline. Unfortu- have no religious rights under the Con- Hood in Texas. The Wiccas practice nately, that is not the legal standard stitution, but the courts generally witchcraft. At Fort Hood, they are per- the Department is faced with under must defer to the professional judge- mitted to build fires on Army property R.F.R.A. Under religious liberty laws, ment of the military on applying these and perform their rituals involving the courts make the decision based on rights in the military. This is essential fire, hooded robes, and nine inch dag- whether the religious restriction is the because of the military’s need to foster gers. An Army chaplain is even least restrictive means to accomplish a discipline, unity, and respect in achiev- present. compelling governmental interest, not ing its mission of protecting America’s More recently, I read about an ongo- whether the restriction is based on national security. ing case where a Marine soldier dis- good order and discipline. As the court in Goldman explained, obeyed a direct order against leaving Religious liberty legislation could ‘‘The military is, by necessity, a spe- his military base because the date fell cause many problems for the military cial society separate from civilian soci- on the new moon, a holy day for that have not been considered. Al- ety....The military must insist Wiccas, and he said he needed to get though there have been few claims upon a respect for duty and a discipline copper sulfate to perform a ritual. This under R.F.R.A. in the military to date, without counterpart in civilian is just the type of case that a soldier this could easily change in the future. life....The essence of military serv- could win under R.F.R.A. Soldiers who adhere to various faiths, ice is the subordination of the desires I do not believe that the Armed including many established religions, and interest of the individual to the Forces should accommodate the prac- could make claims that violate impor- needs of the service.’’ tice of witchcraft at military facilities. tant, well-established military policies. The R.F.R.A. entirely rejected this The same applies to the practices of For example, soldiers who are approach. It put the courts in the busi- other fringe groups such as Satanists Rastafarian can claim protection to ness of deciding what religious activi- and cultists. Racist groups could also wear beards or dread-locks, and Native ties should be permitted in the mili- claim religious protection. For the Americans can claim protection for tary and what should not. It does this sake of the honor, prestige, and respect long hair. Also, Rastafarians may by establishing a very high legal stand- of our military, there should be no ob- claim an exemption from routine med- ard, called the strict scrutiny test, ligation to permit such activity. ical care that require injections, such that must be met before the govern- Members of some groups, such as the as immunizations. Although it is my ment, including the military, may en- Native American Church and understanding that the military does force a law or regulation that inter- Rastafarians, use controlled substances not accommodate exemptions from feres in any person’s exercise of their in their religious ceremonies. The mili- grooming standards or receiving health religious rights. Under this test, a re- tary today broadly allows the use of care, soldiers could bring such claims striction on religious practices is per- the drug peyote for soldiers who claim and likely win. To date, inmates or mitted only if it is narrowly tailored to to be members of the Native American guards in prisons have won cases simi- achieve a compelling governmental in- Church. Peyote, a controlled sub- lar to these in court, and there is little terest. This is a very difficult legal stance, is a hallucinogenic drug. Ac- reason to expect that cases brought by standard to meet and is an unrealistic cording to a 1997 letter from the Na- soldiers would turn out any differently. and dangerous burden for the military. tional Institute on Drug Abuse, peyote Soldiers brought lawsuits in the 1960s However, under this law, the courts appears to cause an acute psychotic seeking exemptions from immuniza- must treat all requests for religious state for up to four hours after it is in- tions and exemptions from work on practice under the same standard, gested. The long term effects of its use, certain days based on religious prac- whether it is the Armed Forces or any- especially its repeated use, are simply tices, but these claims failed under the where else in society. not known, including the possibility of deferential standard. However, under The R.F.R.A. does not in any way flashbacks and mood instability. As R.F.R.A., there are endless opportuni- recognize the special circumstances of part of the Authorization Bill for the ties for religious practices to interfere

VerDate 11-MAY-2000 03:28 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.018 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7993 in important military policies and BUDGET SCOREKEEPING REPORT TABLE 1.—FISCAL YEAR 2000 SENATE CURRENT LEVEL practices, and it is much more likely Mr. DOMENICI. Mr. President, I REPORT, AS OF JULY 26, 2000—Continued that such cases would be successful. hereby submit to the Senate the budg- [In billions of dollars] One such matter arose during the et scorekeeping report prepared by the Current Persian Gulf War. At the time, the level Congressional Budget Office under Sec- Budget Curent military imposed restrictions on Chris- 1 over/ tion 308(b) and in aid of Section 311 of resolution level under tian and Jewish observances and the the Congressional Budget Act of 1974, resolution display of religious symbols for sol- as amended. This report meets the re- Outlays ...... 1,441.1 1,461.7 20.6 diers stationed in Saudi Arabia. This quirements for Senate scorekeeping of Revenues ...... 1,465.5 1,465.5 (2) was important so that our troops would Section 5 of S. Con. Res. 32, the First Debt Subject to Limit ...... 5,628.3 5,584.5 ¥43.8 Off-budget: not violate the laws and religious de- Concurrent Resolution on the Budget Social Security Outlays ...... 326.5 326.5 0.0 crees of the host nation. There was for 1986. Social Security Revenues ...... 479.6 479.6 0.0 some talk of lawsuits against our mili- This report shows the effects of con- 1 Current level is the estimated revenue and direct spending effects of all tary because of these restrictions. Al- gressional action on the budget legislation that the Congress has enacted or sent to the President for his approval. In addition, full-year funding estimates under current law are in- though this matter arose before through July 26, 2000. The estimates of cluded for entitlement and mandatory programs requiring annual appropria- R.F.R.A. was enacted, such a lawsuit is budget authority, outlays, and reve- tions even if the appropriations have not been made. The current level of debt subject to limit reflects the latest information from the U.S. Treasury. much more likely to be successful nues are consistent with the technical 2 Less than $50 million. today. and economic assumptions of the 2001 Source: Congressional Budget Office. In short, it is not in the best interest Concurrent Resolution on the Budget of our nation and national security for (H. Con. Res. 290), which replaced the TABLE 2.—SUPPORTING DETAIL FOR THE FISCAL YEAR religious liberty legislation to apply to 2000 Concurrent Resolution on the 2000 SENATE CURRENT LEVEL REPORT FOR ON-BUDG- our Armed Forces. Decisions about re- Budget (H. Con. Res. 68). ET SPENDING AND REVENUES, AS OF JULY 26, 2000 ligious accommodation should be left The estimates show that current [In millions of dollars] to the military, not the courts. level spending is above the budget reso- Budget au- I will continue to monitor this most lution by $17.5 billion in budget author- thority Outlays Revenues serious matter. It is my sincere hope ity and by $20.6 billion in outlays. Cur- Enacted in previous sessions: that the next Administration will rec- rent level is $28 million below the rev- Revenues ...... n.a n.a 1,465,480 ognize the seriousness of this issue and enue floor in 2000. Permanents and other spending legislation ...... 876,140 836,751 n.a. support excluding the military from Since my last report, dated June 20, Appropriation legislation ...... 869,318 889,756 n.a. legislation that creates special reli- 2000, the Congress has cleared, and the Offsetting receipts ...... ¥284,184 ¥284,184 n.a. gious rights. President has signed, the Military Con- Total, enacted in previous struction Appropriations Act, fiscal sessions ...... 1,461,274 1,442,323 1,465,480 Enacted this session: f year 2001 (P.L. 106–246). This action Omnibus Parks Technical Cor- changed the 2000 current level of budg- rections Act of 1999 (P.L. 106–176) ...... 7 3 0 VICTIMS OF GUN VIOLENCE et authority and outlays. Wendell H. Ford Aviation Invest- I ask unanimous consent to have a ment and Reform Act (P.L. Mr. DURBIN. Mr. President, it has 106–181) ...... 2,805 0 0 letter dated July 27, 2000 and its ac- Trade and Development Act of been more than a year since the Col- companying tables printed in the 2000 (P.L. 106–200) ...... 53 52 ¥8 umbine tragedy, but still this Repub- Agricultural Risk Protection Act RECORD. of 2000 (P.L. 106–224) ...... 5,500 5,500 0 lican Congress refuses to act on sen- There being no objection, the mate- Military Construction Appropria- sible gun legislation. tions Act, FY 2001 (P.L. rial was ordered to be printed in the 106–246) ...... 15,173 13,799 0 Since Columbine, thousands of Amer- RECORD, as follows: icans have been killed by gunfire. Until Total, enacted this session 223,538 19,354 ¥8 U.S. CONGRESS, Entitlements and mandatories: Ad- we act, Democrats in the Senate will CONGRESSIONAL BUDGET OFFICE, justments to appropriated read some of the names of those who Washington, DC, July 27, 2000. mandatories to reflect baseline estimates ...... ¥35 0 n.a. lost their lives to gun violence in the Hon. PETE V. DOMENICI, Total Current Level ...... 1,484,777 1,461,677 1,465,472 past year, and we will continue to do so Chairman, Committee on the Budget, U.S. Sen- Total Budget Resolution ...... 1,467,300 1,441,100 1,465,500 ate, Washington, DC. Current Level Over Budget Res- every day that the Senate is in session. olution ...... 17,477 20,577 n.a. DEAR MR. CHAIRMAN: The enclosed tables In the name of those who died, we Current Level Under Budget show the effects of Congressional action on Resolution ...... n.a n.a 28 will continue this fight. Following are the 2000 budget and are current through July Memorandum: Emergency designa- the names of some of the people who tions for bills enacted this ses- 26, 2000. This report is submitted under sec- sion ...... 11,163 2,078 0 were killed by gunfire one year ago tion 308(b) and in aid of section 311 of the today. Congressional Budget Act, as amended. Source: Congressional Budget Office. September 5, 1999: The estimates of budget authority, out- Notes: P.L. = Public Law; n.a. = not applicable. Andre P. Bacon, 21, Chicago, IL; lays, and revenues are consistent with the f Agron Berisha, 18, Miami, FL; technical and economic assumptions of H. Con. Res. 290, the Concurrent Resolution on Mark Douglas, 34, Fort Wayne, IN; THE PROJECT ON GOVERNMENT the Budget for Fiscal Year 2001, which re- OVERSIGHT Princeton L. Douglas, 18, Chicago, placed H. Con. Res. 68, the Concurrent Reso- IL; lution on the Budget for Fiscal Year 2000. Mr. BINGAMAN. Mr. President, on Willie Lassiter, 20, Atlanta, GA; Since my last report, dated June 20, 2000, July 24, the chairman of the Com- Denkyira McElroy, 24, Chicago, IL; the Congress has cleared, and the President mittee on Energy and Natural Re- Jerry Ojeda, 23, Houston, TX; has signed, the Military Construction Appro- sources, brought before the Senate a Rodney Prince, 18, Baltimore, MD; priations Act, FY2001 (Public Law 106–246). report on payments made by the Jarhonda Snow, 4, Miami, FL; This action changed budget authority and Project on Government Oversight, a outlays. public interest group commonly called Unidentified Female, San Francisco, Sincerely, CA. DAN L. CRIPPEN, ‘‘POGO,’’ to two federal employees. Un- One of the gun violence victims I Director. fortunately, the chairman referred to mentioned, 23-year-old Jerry Ojeda Enclosures. the report in his remarks as a ‘‘com- from Houston, was drinking with mittee report.’’ It is not, and I think friends when they began taking turns TABLE 1.—FISCAL YEAR 2000 SENATE CURRENT LEVEL we need to set the record straight on shooting a 9-millimeter pistol into the REPORT, AS OF JULY 26, 2000 that point. air. After firing several shots, Jerry [In billions of dollars] The rules of the Senate give the Com- mittee on Energy and Natural Re- took the gun and turned it on himself. Current We cannot sit back and allow such level sources, like all our standing commit- Budget Curent over/ 1 tees, broad authority to ‘‘make inves- senseless gun violence to continue. The resolution level under deaths of these people are a reminder resolution tigations into any matter within its ju- risdiction.’’ But the power to make in- to all of us that we need to enact sen- On-budget: sible gun legislation now. Budget Authority ...... 1,467.3 1,484.8 17.5 vestigations rests with the Committee

VerDate 11-MAY-2000 02:39 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.020 pfrm02 PsN: S05PT1 S7994 CONGRESSIONAL RECORD — SENATE September 5, 2000 as a whole. It is not vested in the money it received from its suit with concludes that the rule ‘‘may have chairman or any one Senator. the two men and they agreed. In Janu- been improperly influenced by’’ the In January, at the chairman’s re- ary 1998, they put their agreement in payments. Yet his own report fails to quest, the Comptroller General de- writing. In August 1998, Mobil Oil Cor- support that conclusion. The report tailed an employee of the General Ac- poration settled the claims against it states that the two men’s involvement counting Office, Mr. Paul Thompson, to by paying the Government and the re- in the rulemaking ‘‘terminated’’ the committee to conduct a ‘‘prelimi- lators a total of $45 million. In Novem- around December 1996, before the De- nary inquiry’’ into the payments. In ber 1998, POGO got about $1.2 million partment of the Interior published its February, the chairman informed the from the settlement and it paid Mr. proposed rule in January 1997. After committee that the inquiry was under- Berman and Mr. Speir $383,600 apiece Mr. Berman and Mr. Speir stopped way and that he would ‘‘make rec- out of its share. working on the rule, it was substan- ommendations’’ to the committee ‘‘as The current dispute centers on why tially revised over the course of 8 pub- soon as we have something tangible.’’ POGO made those payments. POGO lic comment periods, 20 public meet- The chairman has leapt from ‘‘pre- characterized the payments as ings and workshops, the review of liminary inquiry’’ to a final report ‘‘awards’’ for the two men’s ‘‘decade- thousands of pages of testimony, and without any intervening action or con- long public-spirited work to expose and close congressional oversight. Mr. sideration by the committee. The com- stop the oil companies’ underpayment Thompson’s assertion that POGO’s mittee never authorized Mr. Thomp- of royalties for the production of crude payments may have ‘‘improperly influ- son’s investigation and it never ap- oil on federal and Indian lands.’’ enced’’ the final rule simply is not sup- proved his report. I first learned about POGO’s opponents believe POGO had ported by the rulemaking record. it after the chairman posted it on the sinister motives. The bulk of Mr. Thompson’s report is Internet. Mr. Thompson’s report attempts to devoted to his search for an improper Nor was the report written or ap- substantiate the opponents’ suspicions. motive for the payments. I do not be- proved by the General Accounting Of- I am troubled by Mr. Thompson’s re- lieve that this is an appropriate use of the committee’s investigative powers. fice. Although Mr. Thompson is a GAO port for several reasons. The matter is now under investigation employee, he was detailed to the com- First, I am troubled by the very na- by the Inspector General of the Depart- mittee. So far as I can tell, no one at ture of Mr. Thompson’s report. In his ment of the Interior and the Public In- the General Accounting Office partici- letter of transmittal to Chairman MUR- tegrity Section of the Department of pated in the investigation or in writing KOWSKI, Mr. Thompson makes very se- Justice—as it should be. The appear- the report. Mr. Thompson’s activities rious charges against POGO; its chair- ance of impropriety created by the pay- were not subject to the professional man, Mr. Banta; its executive director, ments warrants investigation, but by standards of conduct that govern GAO Ms. Brian; and the two federal employ- the proper authorities. It is for the ap- investigations, and his report was not ees who received the payments, Mr. propriate law enforcement agencies subject to review and approval by sen- Berman and Mr. Speir. He accuses and, ultimately, the courts, not the POGO of paying the two men ‘‘to influ- ior GAO officials. Committee on Energy and Natural Re- If the chairman had asked the com- ence the Department [of the Interior] sources, to decide if any laws were bro- mittee to approve Mr. Thompson’s re- toward taking actions and adopting ken. port, I would have voted against it. If a policies’’ benefiting both POGO and the This is particularly the case where, majority of the committee had agreed two employees. Without saying so di- as here, the targets of the committee’s to adopt the report as its own, I would rectly, Mr. Thompson’s report insinu- investigation are not senior policy offi- have filed minority views. Since I was ates that POGO and the two employees cials, but private citizens or low-rank- not given that opportunity, I will state may have broken federal criminal laws ing civil servants, and where, as here, my views for the RECORD. against bribery, the payment and ac- the committee has shown a strong bias POGO’s payments to Mr. Berman and ceptance of gratuities, and the pay- against the targets of its probe. The Mr. Speir cannot be understood in iso- ment and acceptance of private com- chairman of the Energy Subcommittee lation. They must be viewed in the pensation for government service. publicly declared the payments to be larger context of the ongoing con- Yet nowhere in his 42-page report ‘‘grossly unethical’’ soon after they troversy over federal oil and gas royal- does Mr. Thompson present the evi- came to light in May 1999, and the ties. dence necessary to back up his charges. chairman of the full committee pub- Oil companies that produce oil on In place of evidence, he offers only licly declared them to involve ‘‘appar- federal land are, by law, required to theories, speculation, suspicions, cir- ent gross impropriety’’ only a month pay royalties to the Federal Govern- cular reasoning, and his personal con- after Mr. Thompson began his inves- ment based on the value of the oil they viction that all assertions of innocence tigation. produce from federal leases. Many of from Ms. Brian and Messrs. Banta, Ber- The Framers wisely kept law enforce- the major oil companies have been ac- man, and Speir are untrustworthy. ment and judicial powers out of cused of undervaluing and, thus, under- Second, I am troubled by the report’s Congress’s hands, because, as Alex- paying the royalties they owe to the lack of a coherent theory of the case. ander Hamilton said, ‘‘of the natural American people. The alleged under- Mr. Thompson laboriously rebuts the propensity of [legislative] bodies to payments total many hundreds of mil- explanations offered by POGO, but party divisions,’’ and their fear that lions of dollars. never meets his own burdens of produc- ‘‘the pestilential breath of [party] fac- A few years ago, POGO and various tion and persuasion. tion may poison the fountains of jus- private individuals sued the oil compa- Part of his problem may stem from tice.’’ The strong political feelings re- nies under the False Claims Act. The the fact that the chairman never de- cently displayed in the House Com- False Claims Act allows a private cit- fined the scope of the inquiry. Mr. mittee on Resources over this matter izen to sue anyone who has defrauded Thompson states that the ‘‘chief con- bear this out. the Government. If successful, the per- cern’’ behind the inquiry was ‘‘whether Over two centuries ago, Benjamin son bringing the suit, known as a ‘‘re- the payments represent an improper Franklin observed that ‘‘There is no lator,’’ is entitled to a share of the influence upon the Department of the kind of dishonesty into which other- money recovered by the Government as Interior’s development of its new oil wise good people more easily and fre- a result of the suit. royalty valuation policy,’’ but his re- quently fall than that of defrauding the The essential facts surrounding the port focuses little attention on this Government.’’ All too often, otherwise POGO payments are not in dispute. issue. good people are tempted to cheat their POGO asked Robert A. Berman, an em- Whether the payments improperly in- Government because they think they ployee at the Department of the Inte- fluenced the Department of the Inte- can get away with it. All too often, rior, and Robert A. Speir, an employee rior’s oil valuation rule is, of course, a they do, because most fraud against at the Department of Energy, to join legitimate concern of the Committee the Government goes unreported. Most its False Claims Act suit. Neither man on Energy and Natural Resources. In federal employees are reluctant to re- agreed. POGO then offered to share any his transmittal letter, Mr. Thompson port fraud because they believe nothing

VerDate 11-MAY-2000 02:39 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.030 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7995 will be done if they do report it, or be- be unable or unwilling to come forward sional Budget and Impoundment Con- cause they are afraid of reprisal. publicly on their own. We may not al- trol Act requires that a statement of For this reason, Congress amended ways agree with the causes they the cost of reported bills, prepared by the False Claims Act in 1986, in the espouse or the allegations they make, the Congressional Budget Office, be in- words of the Judiciary Committee, ‘‘to but we would make a terrible mistake cluded in Senate reports. On July 27, encourage any individual knowing of if we were to choke off the flow of alle- 2000, the Committee on Environment Government fraud to bring that infor- gations and information to them or and Public Works filed Senate Report mation forward.’’ The 1986 amendments still their voice. 106–362, accompanying S. 2796, the offer large rewards to whistleblowers They must, of course, operate within Water Resource Development Act of who bring a successful false claims ac- the law. Good intentions do not give 2000, and Senate Report 106–363, accom- tion and afford new protections against them, or the people that come to them, panying S. 2979, Restoring the Ever- employer retaliation. While the amend- free rein to violate federal conflict of glades, An American Legacy Act. The ments do not expressly authorize fed- interest laws, agency ethnic rules, or cost estimates were not available at eral employees to file whistleblower the protective orders of the courts. If the time of filing. The information sub- suits, the courts have generally read anything like that happened in this sequently was received by the com- the amended law to permit them to, case, then POGO and the two federal mittee and I ask unanimous consent to since the courts recognize that federal employees should be held accountable print it in the CONGRESSIONAL RECORD. employees are often in the best posi- by the appropriate law enforcement of- There being no objection, the mate- tion to uncover and report government ficials and the courts. But, as the Su- rial was ordered to be printed in the fraud. preme Court has admonished us in the RECORD, as follows: What happened here seems fairly past, Congress is not a law enforcement U.S. CONGRESS, clear. Two federal employees had infor- agency or a judicial tribunal, and we CONGRESSIONAL BUDGET OFFICE, mation they believed showed that oil should not presume to be one in this Washington, DC, August 18, 2000. companies were defrauding the Govern- case. Hon. ROBERT C. SMITH, ment. They brought it forward to their Chairman, Committee on Environment and Pub- The Committee on Energy and Nat- lic Works, U.S. Senate, Washington, DC. agencies. They also, it seems likely, ural Resources, like most of the Sen- DEAR MR. CHAIRMAN: The Congressional may have shared some of that informa- ate’s standing committees, from time Budget Office has prepared the enclosed cost tion with POGO. They could have open- to time, has to conduct investigations estimate for S. 2796, the Water Resources De- ly joined POGO’s False Claims Act suit into certain matters to do its job. The velopment Act of 2000. but, for whatever reason, they chose Energy Committee has, in recent If you wish further details on this esti- not to. They chose instead to become, years, conducted a number of sensitive mate, we will be pleased to provide them. in effect, silent partners in POGO’s The CBO staff contact is Rachel Applebaum, investigations into serious allegations who can be reached at 226–2860. suit. POGO generously, if foolishly, of wrongdoing leveled against senior Sincerely, shared its windfall with them. Administration officials whose nomi- DAN L. CRIPPEN. Probably all concerned would now nations were pending before the com- agree that this arrangement was a seri- mittee. Each of these investigations CONGRESSIONAL BUDGET OFFICE COST ous mistake. POGO has handed its op- was handled very thoroughly and pro- ESTIMATE ponents a powerful weapon with which fessionally on a bipartisan basis by the S. 2796, Water Resources Development Act of to wound its credibility and its effec- committee’s own lawyers. 2000, as ordered reported by the Senate tiveness. It has not only brought down Special, partisan investigations like Committee on Environment and Public Works on June 28, 2000 a world of trouble on itself, Mr. Ber- Mr. Thompson’s carry with them spe- Summary man, and Mr. Speir, but it has de- cial problems. By focusing exclusively S. 2796 would authorize the Secretary of flected attention away from the ques- on proving the guilt of their chosen the Army, acting through the Army Corps of tion of whether the oil companies de- target, they tend to lose sight of the Engineers (Corps), to undertake projects frauded the Government to the matter larger picture and their sense of pro- specified in title I of the bill for inland navi- before us. portion. Justice Robert Jackson gation, flood control and damage reduction, At the very least, the payment of warned us of this danger in the case of environmental restoration, and shore protec- large sums of money by an outside prosecutors who ‘‘pick people’’ they tion. CBO estimates that the bill would au- source to a federal employee for work think they ‘‘should get rather than thorize about $2 billion (in 2000 dollars) for related activities creates an appear- these projects. cases that need to be prosecuted.’’ Other provisions of the bill would author- ance of impropriety. If the appropriate With the law books filled with a great as- ize the Secretary to conduct studies on authorities ultimately determine that sortment of crimes, [Justice Jackson said,] a water resources needs and feasibility studies the payments to Mr. Berman and Mr. prosecutor stands a fair chance of finding at for specified projects; authorize the Sec- Speir were not unlawful, then Congress least a technical violation of some act on the retary to convey or exchange certain prop- may need to tighten the conflict of in- part of almost anyone. In such a case, it is erties; renew, end, or modify previous au- terest laws to more clearly bar federal not a question of discovering the commission thorizations for certain projects; and author- employees from accepting such pay- of a crime and then looking for the man who ize new programs or pilot projects to develop has committed it, it is a question of picking ments in the future, or to amend the water resources and protect the natural en- a man and then searching the law books, or vironmental, including a program to restore False Claims Act to prevent federal putting investigators to work, to pin some the natural environment of the south Flor- employees from aiding or benefiting offense on him. It is in this realm—in which ida ecosystem. For these activities, CBO es- from False Claims Act suits. Crafting a the prosecutor picks some person he dislikes timates that S. 2796 would authorize the ap- legislative solution that would prevent or desires to embarrass, or selects some propriation of about $1.7 billion. a recurrence of this problem in the fu- group of unpopular persons and then looks Assuming the appropriation of the nec- ture would, in my view, be a more con- for an offense, that the great danger of abuse essary amounts, including adjustments for structive—and far more appropriate— of prosecuting power lies. It is here that law increases in anticipated inflation, CBO esti- enforcement becomes personal, and the real use of the Senate’s time and energy mates that implementing S. 2796 would cost crime becomes that of being unpopular with about $1.6 billion over the 2001–2005 period, than trying to build a case against the predominant or governing group, being and another $2.5 billion over the following 10 POGO and Messrs. Berman and Speir. attached to the wrong political views, or years for the projects that would be author- Any changes in the current laws being personally obnoxious to or in the way ized by the bill. (Some construction costs should, however, be carefully drawn to of the prosecutor himself. and operations and maintenance would occur avoid shutting off the legitimate flow Sadly, I fear that has happened in after this period.) CBO estimates that enact- of allegations and information about this case. ing S. 2796 would increase certain offsetting receipts to the Federal Government by about government fraud and corruption from f federal employees to organizations like $3 million over the 2001–2003 period. Because enacting the bill would affect direct spend- POGO. These organizations play a val- COST OF REPORTED BILLS BY THE CONGRESSIONAL BUDGET OFFICE ing, pay-as-you-go procedures would apply. uable role in exposing government S. 2796 contains no intergovernmental or fraud and corruption. They offer a safe Mr. SMITH of New Hampshire. Mr. private-sector mandates as defined in the harbor to federal employees who may President, Section 403 of the Congres- Unfunded Mandates Reform Act (UMRA).

VerDate 11-MAY-2000 03:28 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.031 pfrm02 PsN: S05PT1 S7996 CONGRESSIONAL RECORD — SENATE September 5, 2000 State and local governments would incur ity needed to meet design and construction obligation to repay the Federal Government some costs as a result of the bill’s enact- schedules. CBO adjusted those estimates to for construction of the lake, and it would re- ment, but these costs would be voluntary. reflect the impact of anticipated inflation quire the city to pay the Federal Govern- Estimated Cost to the Federal Government during the time between authorization and ment about $2 million in both 2001 and 2003 The estimated budget impact of S. 2796 is appropriation. Estimated outlays are based as a condition of the agreement. Based on in- shown in the following table. The costs of on historical spending rates for activities of formation from the Corps, CBO expects the this legislation fall within budget function the Corps. Trinity River Authority will pay its current 300 (natural resources and the environment). Direct Spending (including Offsetting Receipts) obligation of about $1 million for 2001, but [By fiscal year, in millions of dollars] Land Exchange in Pike County, Missouri. S. will default on its subsequent obligations to 2796 would authorize the Secretary to receive the government, which total about $14 mil- 2000 2001 2002 2003 2004 2005 about 9 acres of land from S.S.S. Lumber, lion over the next 39 years. Because the gov- Inc. and convey another 9 acres to the com- Changes in Spending Subject to ernment would receive more money under S. Appropriation pany. If the land the government receives is 2796 than under current law, the agreement Estimated Authorization Level ...... 315 373 357 317 367 ...... less valuable than the land the company re- with the city would increase offsetting re- Estimated Outlays ...... 223 340 350 341 372 ...... ceives, then the bill would require the com- ceipts by $1 million in 2001 and $2 million in Changes in Direct Spending pany to pay the difference. The bill also re- 2003. Estimated Budget Authority ...... ¥1a¥2(1)(1) ...... quires the company to pay the administra- ¥ ¥ 1 1 Estimated Outlays ...... 1a2()() ...... tive costs of the exchange. After the ex- Pay-As-You-Go Considerations 1 Less than $500,000. change is completed, the Federal Govern- The Balanced Budget and Emergency Def- Basis of Estimate ment would forgo a small amount of offset- ting receipts that are currently collected for icit Control Act sets up pay-as-you-go proce- For this estimate, CBO assumes that S. the use of this land. dures for legislation affecting spending or re- 2796 will be enacted by the beginning of fiscal Joe Pool Lake, Trinity River Basin, Texas. S. ceipts. The net changes in outlays that are year 2001 and that all amounts authorized by 2796 would authorize the Secretary to enter subject to pay-as-you-go procedures are the bill will be appropriated for each fiscal into an agreement with the city of Grand shown in the following table. For the pur- year. Prairie, Texas, to transfer maintenance of poses of enforcing pay-as-you-go procedures, Spending Subject to Appropriation Joe Pool Lake from the Trinity River Au- only the effects in the current year, the For projects specified in the bill the Corps thority to the city. The bill would relieve budget year, and the succeeding 4 years are provided estimates of annual budget author- the Trinity River Authority of its remaining counted. [By fiscal year, in millions of dollars]

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Changes in outlays ...... 0 ¥10¥20000000 Changes in receipts ...... N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Estimated Impact on State, Local, and Tribal Estimated Impact on the Private Sector: costs for anticipated inflation. CBO esti- Governments The bill contains no new private-sector man- mates that implementing S. 2797 would cost S. 2796 contains no intergovernmental dates as defined in UMRA. $254 million over the 2001–2005 period, and Estimate Prepared by: Federal Costs: Ra- mandates as defined in UMRA. State and $665 million over the succeeding 5 years. chel Applebaum (226–2860); Impact on State, local governments probably would incur After 2010, program administration, oper- Local, and Tribal Governments: Marjorie some costs to meet the matching require- ations, and maintenance for the specified Miller (225–3220); Impact on the Private Sec- ments for water resources development projects would cost about $12 million annu- tor: Sarah Sitarek (226–2940). projects and other programs authorized by ally, S. 2797 would not affect direct spending Estimate Approved by: Peter H. Fontaine this bill, but these costs would be voluntary. or receipts; therefore, pay-as-you-go proce- Deputy Assistant Director for Budget Anal- Some State and local governments would dures would not apply. ysis. benefit from provisions in the bill that would S. 2797 contains no intergovernmental alter cost-sharing obligations. mandates as defined in the Unfunded Man- U.S. CONGRESS, dates Reform Act (UMRA). State and local CBO estimates that non-Federal entities CONGRESSIONAL BUDGET OFFICE, governments might incur some costs to (primarily State and local governments) Washington, DC, August 11, 2000. match the Federal funds authorized by this that choose to participate in the projects Hon. ROBERT C. SMITH, bill, but those costs would be voluntary. and programs authorized by S. 2796 would Chairman, Committee on Environment and Pub- Estimated cost to the Federal Government spend about $2.5 billion (in 2000 dollars) to lic Works, U.S. Senate, Washington, DC match the authorized Federal funds. These DEAR MR. CHAIRMAN: The Congressional The estimated budgetary impact of S. 2797 estimates are based on information provided Budget Office has prepared the enclosed cost is shown in the following table. The costs of by the Corps. In addition to these costs, non- estimate for S. 2797, the Restoring the Ever- this legislation fall within budget function Federal entities would pay for the operation glades, an American Legacy Act. 300 (natural resources and the environment). and maintenance of many of the projects If you wish further details on this esti- [By fiscal year, in millions of dollars] after they are constructed. mate, we will be pleased to provide them. S. 2796 would authorize new environmental The CBO staff contact is Rachel Applebaum, 2001 2002 2003 2004 2005 restoration programs in several areas of the who can be reached at 226–2860. Changes in Spending Subject to country. Under these programs, the Sec- Sincerely, Appropriation retary of the Army would select projects and DAN L. CRIPPEN. Estimated Authorization Level ...... 20 38 49 61 154 enter into agreements with local interests to Estimated Outlays ...... 15 29 44 57 109 carry them out and share in the costs. Gen- CONGRESSIONAL BUDGET OFFICE COST erally, the non-Federal share of these costs ESTIMATE Basis of Estimate would be 35 percent. The bill also would di- S. 2797, Restoring the Everglades, an American The Corps provided estimates of annual rect the Corps to carry out a number of Legacy Act, as reported by the Senate Com- budget authority needed to meet design and projects in support of a plan to restore the mittee on Environment and Public Works on construction schedules for projects that Florida Everglades. Non-Federal partici- July 27, 2000 would be authorized by the bill. CBO ad- pants in these projects would pay 50 percent Summary justed the estimated project costs to reflect of the project costs. S. 2797 would authorize the Secretary of the impact of anticipated inflation during One section of this bill would benefit non- the Army, acting through the Army Corps of the time between authorization and appro- Federal participants in Corps projects by Engineers (Corps), to establish a program for priation. That adjustment brings projected broadening an existing provision, which re- protecting the natural environment, pro- funding for project design and construction quires the Corps to consider the ability of viding flood control, and increasing the to about $900 million. non-Federal participants to pay their share water supply for the south Florida eco- Estimated outlays are based on historical of project costs. Under current law, cost- system. The bill would authorize appropria- spending rates for construction projects of sharing agreements for flood control projects tions for projects estimated to cost $791 mil- the Corps. Outlays are projected to increase and agricultural water supply projects are lion (at 2000 prices). S. 2797 would require the significantly after 2004 as design and prelimi- subject to this ‘‘ability to pay’’ provision. S. Secretary to fund 50 percent of the oper- nary work would be completed and major 2796 would add other types of projects, in- ations and maintenance costs for the speci- construction work would begin. CBO also es- cluding feasibility studies and projects for fied projects, and to provide administrative timated the Corps’ administrative expenses environmental protection and restoration, support for this effort. under the bill (about $3 million a year), as navigation, storm damage protection, shore- Assuming appropriations for the author- well as operations and maintenance costs line erosion, and hurricane protection. ized projects and adjusting their estimated ($11 million from 2007 to 2010), and the cost

VerDate 11-MAY-2000 03:28 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.033 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7997 to the Department of the Interior to pur- Estimate Approved by: Robert A. Sun- propriate budgetary aggregates when chase certain land specified in the bill ($2 shine, Assistant Director for Budget Anal- the requirements of that section are million). ysis. Pay-As-You-Go Considerations: None. f met. Sec. 5108 of P.L. 106–246, the 2001 Intergovernmental and Private-Sector Impact Military Construction Appropriations SUBMITTING CHANGES TO THE S. 2797 contains no intergovernmental or bill, and Sec. 8150 of P.L. 106–259, the BUDGETARY AGGREGATES AND private-sector mandates as defined in UMRA. 2001 Department of Defense Appropria- APPROPRIATIONS COMMITTEE The bill would require matching funds from tions bill, satisfy the requirements of the State of Florida equal to half the cost of ALLOCATION section 206(b) of H. Con. Res. 290. the authorized projects, including costs to Mr. DOMENICI. Mr. President, sec- operate and maintain those projects. Any tion 206(b) of H. Con. Res. 290 (the I hereby submit revisions to the 2001 such expenditures by the State would be vol- FY2001 Budget Resolution) requires the Senate Appropriations Committee allo- untary. Estimate Prepared by: Federal Costs: Ra- Chairman of the Senate Budget Com- cations, pursuant to section 302 of the chel Applebaum (226–3220); Impact on the mittee to adjust the allocation for the Congressional Budget Act, in the fol- Private Sector: Sarah Sitarek (226–2940). Appropriations Committee and the ap- lowing amounts:

Budget authority Outlays

Current Allocation: General purpose discretionary ...... $541,738,000,000 $554,360,000,000 Highways ...... 26,920,000,000 Mass transit ...... 4,639,000,000 Mandatory ...... 327,787,000,000 310,215,000,000 Total ...... 869,525,000,000 896,134,000,000 Adjustments: General purpose discretionary ...... +58,558,000,000 +38,413,000,000 Highways ...... Mass transit ...... Mandatory ...... Total ...... +58,558,000,000 +38,413,000,000 Revised Allocation: General purpose discretionary ...... 600,296,000,000 592,773,000,000 Highways ...... 26,920,000,000 Mass transit ...... 4,639,000,000 Mandatory ...... 327,787,000,000 310,215,000,000 Total ...... 928,083,000,000 934,547,000,000

I hereby submit revisions to the 2001 budget aggregates, pursuant to section 311 of the Congressional Budget Act, in the following amounts:

Budget authority Outlays Surplus Current Allocation: Budget Resolution ...... $1,467,843,000,000 $1,453,081,000,000 $50,119,000,000 Adjustments: Sec. 206(b) of H. Con. Res. 290 adjustment ...... +$58,558,000,000 +$38,413,000,000 ¥$38,413,000,000 Revised Allocation: Budget Resolution ...... h...... $1,526,401,000,000 $1,491,494,000,000 $11,706,000,000

THE DESIGNATION OF WILSON also quite beautiful. The pools and rap- one else who dedicated so much time, CREEK IN NORTH CAROLINA AS ids along Wilson Creek provide oppor- effort, and heart to get us to this point. A WILD, SCENIC, AND REC- tunities for canoe and kayak enthu- Many portions along Wilson Creek REATIONAL RIVER siasts to test their skills or take a re- exist much as they did more than 100 Mr. EDWARDS. Mr. President, I rise laxing paddle. For years, visitors have years ago, and I believe we must do all today to say how pleased I am that the camped, hiked, fished and played along we can to preserve them. We have a President recently signed into law H.R. Wilson Creek, and this designation will rare opportunity to protect a critically 1749, legislation that designates Wilson ensure that they will continue to enjoy important waterway for future genera- Creek in North Carolina as a wild and all that the area has to offer for years tions, and I am so pleased to see it be- scenic river. This legislation passed the to come. come law. House of Representatives without op- I would also like to say a few words position, and I was proud to support it about the history of this legislation f here in the Senate and to see it pass and the impressive effort that has led just prior to the August recess. us to this important point. It is not ADDITIONAL STATEMENTS The designation of Wilson Creek as a enough to say that this measure was a wild and scenic river is critically im- bipartisan effort. This law is the result portant to the local community. It will of a cooperative effort spearheaded by DEVILS LAKE OUTLET protect Wilson Creek for use by those the Caldwell County Commissioners, in ∑ Mr. DORGAN. Mr. President, I have who seek a relaxing hike in the woods which every interested party had a or an exciting rafting experience. The voice. Working with the Forest Serv- spoken many times about the need for scenic and recreational areas along ice, the Avery County Commissioners, an emergency outlet for Devils Lake. Wilson Creek are also some of the most the Caldwell County Chamber of Com- An article from the Fargo Forum reaf- beautiful and ecologically valuable merce, the Caldwell County Economic firms the need to act expediently to countryside in all of North Carolina. In Development Commission, local land- build an emergency outlet for Devils a time when all of us have so much owners and the local community, the Lake before a catastrophic natural going on in our lives, Wilson Creek will Commissioners helped develop this im- spill occurs. provide us with a place to relax and portant plan to protect permanently Mr. President, I ask that the article enjoy a bit of the natural world. Wilson Creek. That this legislation has be printed in the RECORD. Wilson Creek is truly a national had such strong local support is a tes- [From the Fargo Forum, Aug. 22, 2000] treasure. It possesses remarkable sce- tament to the hard work put forward USGS ADDS EVIDENCE FOR OUTLET nic and recreational value and is home by all of these groups and individuals. A little-noticed report from the U.S. Geo- to a wide variety of plant and animal The collaborative effort to craft and logical Survey adds more to the vast body of species. It is designated as an Out- pass this legislation will serve as a evidence that the Devils Lake, N.D., area is standing Resource Water, indicating model for other communities that may in a wet cycle and will remain in a wet cycle for some time to come. its exceptional recreational and eco- have similar projects. They are to be And that means Devils Lake, which rose 25 logical significance and high level of commended for their efforts. I would feet from February 1993 to August 1999, like- water quality. It winds its way through also like to thank other local officials, ly will continue to rise. The lake’s elevation rare geologic rock formations that are citizens, the Forest Service, and every- today is about 1446.3 feet, or slightly down

VerDate 11-MAY-2000 03:28 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.036 pfrm02 PsN: S05PT1 S7998 CONGRESSIONAL RECORD — SENATE September 5, 2000 from last year’s 130-year high. The lake nat- Some issues are simply about fair- a significant reminder that not all doors urally discharges into Stump Lake to the ness. It does not matter who benefits. have been fully open. For most Jews, it prob- east at level 1447 feet, and into the Tolna Death-tax proponents just cannot seem ably was a mixed response, weighing all pos- Coulee and Sheyenne River at elevation 1459 to understand that, but the American sible consequences to the historic act. feet. Who could remain neutral to Senator Given the USGS conclusions that the wet people do. The American people have an unwav- Lieberman’s own genuine joy mingled with conditions which have dominated the region deep, though inclusive, religious expression, since 1977 will continue for at least another ering sense of fairness. They recognize and his wife Hadassah’s touching sharing of decade, it is not unreasonable to assume the that there is something terribly wrong her family Holocaust background. I myself, lake will rise to the breakout level of 1459 when, despite having taxed someone for son of survivors who spent his early child- feet. a lifetime, the federal government can hood in a Displaced Persons Camp in Ger- What happens then? come back one more time when a per- many, was moved to tears witnessing a great USGS research suggests a spill into the son dies and take more than half of American drama unfold, reaching a new Sheyenne River would be catastrophic down- high. stream. A discharge would erode sediments whatever is left. That is not only un- Indeed we have reason to rejoice in Amer- in the natural drainage pathways and dump fair, it threatens the American dream. ica moving closer to fulfilling its promise to up to 2 million acre feet of water into the That is why repeal scores high with all its citizens with renewed hope now that river, or about four times the volume of the the American people in public-opinion the highest offices in the land will be avail- 1997 flood at Lisbon, N.D. That incredible polls. It is why repeal is supported by a able to qualified minority candidates of all flood of water would be in addition to normal broad coalition of small business, mi- groups. flows in the Sheyenne. nority, environmental, family, and sen- At this turning point, America has the cu- Opponents of a Devils Lake outlet refuse to iors organizations. Among those groups recognize the potential of a lake breakout. riosity and opportunity to learn more about Like blissful Pollyannas, they don’t believe are the U.S. Hispanic Chamber of Com- the heritage of its fellow Jewish citizens, the worst can happen. merce, the National Indian Business with its various spiritual movements, in the It can. If wet conditions persist and noth- Association, the National Black Cham- way that only this breakthrough event can ing is done to control the lake’s level, it will. ber of Commerce, the American Farm provide. American Jews, at the same time, USGS also says a properly managed outlet Bureau Federation, and the National are poised to hopefully become more reas- would moderate the effects of a catastrophic Federation of Independent Business, to sured about their own religious and ethnic affiliation in a country where their major natural lake breakout. An outlet might not name just a few. prevent a natural spill into the Sheyenne, challenge is not being rejected as Americans Fairness, that is what the effort to in this, our most hospitable home, but rather but USGS believes chances of a damaging ∑ spill would be reduced. Spill volumes and du- repeal the death tax is all about. retaining their Jewish identity in face of un- rations would be reduced, thus reducing f precedented easy assimilation into the main- stream. downstream damage. LOCAL RABBI SHEDS TEARS OF The possible reinvigoration of the political An outlet remains the best option for man- JOY aging the lake’s level and protecting down- process because of the presently injected ex- stream interests on the Sheyenne River. The ∑ Mr. ROBB. Mr. President, Rabbi citement, in spite of yet to be proved Amer- USGS report is the latest evidence sup- Israel Zoberman, the leader of Con- ican response and maturation over the reli- porting an outlet. gregation Beth Chaverim in Virginia gious factor, is certainly a worthy plus. Flood prevention is better than reacting to Beach and President of the Hampton What our nation urgently needs is less apa- thy and more involvement by all in an envi- a disaster. The permanent flood at Devils Roads Board of Rabbis, recently offered Lake has caused more than its share of per- ronment with diminished interest in politics sonal heartache and property damage. As the some inspirational comments on the and an embarrassing low voting record, lake rises—it will—the potential for disaster selection of our colleague, Senator JO- which ultimately are the dangers facing our will rise with it. Building an outlet now at SEPH I. LIEBERMAN, as the Democratic democracy. Civil disagreement, too, on im- least will put in place a tool to moderate the Nominee for Vice President of the portant issues ought to replace the evident effects of the rising water.∑ United States. I ask that Rabbi cultural war which threatens to tear apart f Zoberman’s comments be printed in the precious pluralistic fabric of the enviable American quilt—with church and State sepa- the RECORD. AMERICANS FAVOR DEATH-TAX ration the golden thread keeping it to- REPEAL [From the Virginian-Pilot, Aug. 28, 2000] gether.∑ JEWISH CANDIDATE FOR VP: LOCAL RABBI ∑ Mr. KYL. Mr. President, a number of SHEDS TEARS OF JOY f Senators who opposed the Death Tax (By Rabbi Israel Zoberman) Elimination Act have spoken on the The Jewish response to events tends to WILLIAM MAXWELL Senate floor in recent weeks, sug- fluctuate from the extreme of elation, of gesting that only a few people care mazal tov!, to the extreme of despair, of oy ∑ Mr. MOYNIHAN. Mr. President, Wil- about the unfairness of the tax. vey! It is no wonder since the Jewish condi- liam Maxwell has left us. As he once During the death-tax repeal debate tion poignantly reflects the tension between put it, an afternoon nap into eternity. the two poles of the human experience; back in July, one of the tax’s pro- Wilborn Hampton, in his wonderful ponents went so far as to question bringing about either a Messianic exaltation concerning sheer survival or a painful note obituary in The New York Times, ends ‘‘whose side are you on?’’ if you favor with Bill wondering what he would do repeal. I have no difficulty answering acknowledging a harsh reality. Former Secretary of State Henry Kissinger there where there was nothing to read! that at all. We are on the side of the is quoted as saying in the past that when you American people. His list of books ends with the Auto- give a Jew optimistic news he turns pessi- biographies of William Butler Yeats. It A June 22–25 Gallup poll found that 60 mistic. This exaggeration by the hitherto percent of the people support repeal, highest ranking Jewish American, a refugee would be appropriate to add Yeats’ ac- even though about three-quarters of from Nazi Germany, who lacks Senator Jo- count of a contemporary: ‘‘He was those supporters do not think they will seph Lieberman’s proud religious attach- blessed, and had the power to bless.’’ ever have to pay a death tax them- ment, is rooted in Jewish caution given the He was surely such to this senior selves. trying lessons of its historical experience. It Senator. I was a ragamuffin of a lad was no surprise then that upon Senator A poll conducted by Zogby Inter- some fifty–sixty years ago. He sug- Lieberman’s nomination to the National gested to me that I might one day national on July 6 found that, given a Democratic ticket, there were those Jews choice between a candidate who be- who felt that the ever feared specter of anti- write for The New Yorker. I took the lieves that a large estate left to heirs Semitism of pre-World War II days might compliment with as much credence as should be taxed at a rate of 50 percent rear its ugly head again. However, the hard- if he had said I might one day play for for anything over $2 million, and a can- core anti-Semites on the very fringes of soci- the Yankees. But then, many years didate who believes that the estate tax ety, already assert that the Jews control the later, I did write for The New Yorker. is unfair to heirs and should be elimi- world. He had the power to bless. There were those whose first impulse was nated, 75 percent of the people prefer to give thanks for the ‘‘miracle’’ of finally I ask that a copy of Wilborn Hamp- the person supporting death-tax repeal. removing a remaining barrier carrying much ton’s obituary from the August 1st edi- Other polls similarly put support for symbolism. Since American Jews have al- tion of The New York Times be printed repeal at between 70 and 80 percent. ready made it in our great land, it serves as in the RECORD.

VerDate 11-MAY-2000 02:39 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.001 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S7999 [From The New York Times Obituaries,ginning,’’ he said. ‘‘I didn’t stop until I had has been working for eight years on a novel Tues. Aug. 1, 2000] read it five times. I’ve been that way ever that was eventually titled ‘‘The Chateau’’ WILLIAM MAXWELL, 91, AUTHOR AND since.’’ (1961), which he has set in France rather than LEGENDARY EDITOR, DIES Mr. Maxwell’s father eventually remarried in the familiar territory of the American and moved to Chicago, taking his family Midwest. But it was not coming together. He (By Wilborn Hampton) with him. Mr. Maxwell earned a bachelor’s showed the manuscript to Frank O’Connor, William Maxwell, a small-town boy from degree at the University of Illinois and a who read it and advised him that there were, Illinois who edited some of the century’s lit- master’s at Harvard and taught in Illinois in fact, two novels there. ‘‘My relief was im- erary lions in 40 years at The New Yorker for two years. As a youth he wanted to be a mense,’’ Mr. Maxwell said, ‘‘because it is a while also writing novels and short stories poet, but realized early that he did not have lot easier to make two novels into one than that secured his own place in American let- that gift and so started writing stories. He it is to make one out of nothing whatever. ters, died yesterday at his home in Manhat- had published one novel, ‘‘Bright Center of So I went ahead and finished the book.’’ tan. He was 91. Heaven’’ (1934), and had a second in his type- The letters of Frank O’Connor and Mr. John Updike, whose early stories for The writer when he moved to New York with the Maxwell from 1945 to 1996, the year of O’Con- New Yorker were edited by Mr. Maxwell, said $200 advance and applied for a job at The nor’s death, were published in 1968 under the in an interview several years ago: ‘‘They New Yorker. title ‘‘The Happiness of Getting It Down don’t make too many Bill Maxwells. A good There was a vacancy in the art depart- Right.’’ O’Connor, a prolific contributor to editor is one who encourages a writer to ment, and Mr. Maxwell was hired at $35 a The New Yorker, revised endlessly, and after write his best, and that was Bill.’’ week to fill it. ‘‘I sat in on meetings and his death left 17 versions of one story that ‘‘A lot of nice touches in my stories belong then told artists what changes were want- the magazine had eventually rejected. to Bill Maxwell,’’ Mr. Updike said. ‘‘And I’ve ed,’’ he said. He eventually moved to the fic- Mr. Maxwell’s lack of celebrity never dis- taken credit for them all.’’ tion department, where he worked with turbed him. ‘‘Why should I let best-seller lists spoil a happy life?’’ he said. In addition to Mr. Updike, Mr. Maxwell, in Katharine White, with whom he formed a Among his novels are ‘‘Time Will Darken his career as a fiction editor at The New lifelong friendship, though one that was al- Yorker, worked with writers like John It’’ (1948) and ‘‘So Long, See You Tomorrow’’ ways circumscribed by their professional sta- (1980). His story collections included ‘‘The Cheever, John O’Hara, J.D. Salinger, Shirley tus. Long after both retired, they still wrote Hazzard, Vladimir Nabokov, Mary McCarthy, Old Man at the Railroad Crossing and Other letters that began, ‘‘Dear Mrs. White,’’ and Tales’’ (1966), ‘‘Over by the River, and Other Eudora Welty, Harold Brodkey, Mavis Gal- ‘‘Dear Mr. Maxwell.’’ lant, Isaac Bashevis Singer and Frank O’Con- Stories’’ (1977) and ‘‘Billy Dyer and Other One day during World War II he inter- Stories’’ (1992). A collection of essays was nor. viewed a young woman who had applied for a Polishing their manuscripts exerted an in- published as ‘‘The Outermost Dream’’ in job as poetry editor at The New Yorker. The 1989. fluence on his own writing, which included magazine did not have a separate poetry edi- six novels, three collections of short stories, The 1995 Alfred A. Knopf published a col- tor in those days, and Mr. Maxwell had been lection of his stories under the title ‘‘All the a memoir (‘‘Ancestors,’’ 1971), a volume of es- doubling in that capacity. ‘‘She was very at- Days and Nights,’’ and Mr. Maxwell gained says and fantasies for children. ‘‘I came, as a tractive,’’ he would succinctly explain later, some long overdue public recognition. Jona- result of being an editor, to look for what- ‘‘and I pursued the matter.’’ than Yardley, writing in The Washington ever was unnecessary in my own writing,’’ he The woman did not get the job, but on May Post, said the volume showed that ‘‘Maxwell said in a 1995 interview. ‘‘After 40 years, 17, 1945. Emily Gilman Noyes and Mr. Max- has maintained not merely a high level of what I came to care about most was not well were married. The couple had two consistency but has, if anything, become style, but the breath of life.’’ daughters, Kate Maxwell and Brookie Max- over the years a deeper and more complex William Keepers Maxwell Jr. was born in well, both of whom live in Manhattan. Mrs. writer.’’ Lincoln, Ill., on August 16, 1908, one of three Maxwell died on July 23, in Manhattan. Be- His honors included the American Book sons of William Keepers Maxwell, an insur- sides his daughters, Mr. Maxwell is survived Award, the Brandeis Creative Arts Medal and ance executive, and the former Eva Blossom by a grandson and a brother, Robert Blinn the William Dean Howells Medal of the Blinn. When he was 10, his mother died in Maxwell, of Oxnard, Calif. American Academy of Arts and Letters. (He the influenza epidemic of 1918–19, a shat- Mr. Maxwell’s last book was ‘‘All the Days was elected to the academy in 1963.) tering experience that he would revisit in and Nights,’’ a collection of stories of fables. In March 1997 Mr. Maxwell wrote an article ‘‘They Came Like Swallows’’ (1937), his sec- In a radio interview he said he began the for The New York Times Magazine in which ond novel and the one that established him book ‘‘because my wife liked to have me tell he talked about his life as a writer and the as a writer. His 14 years in Lincoln (some- her stories when we were in bed in the dark experiences of age: times called Draperville or Logan in his before falling asleep.’’ ‘‘Out of the corner of my eye I see my 90th books), would provide, as Mr. Maxwell later As an editor, Mr. Maxwell was known for birthday approaching. I don’t yet need a put it, ‘‘three-quarters of the material I his tact in dealing with authors with reputa- cane, but I have a feeling that my table man- would need for the rest of my writing life.’’ tions for being headstrong. He didn’t always ners have deteriorated. My posture is what Lincoln was a postcard Midwestern town succeed. Brendan Gill wrote in his memoir, you’d expect of someone addicted to sitting with tree-shaded streets and a courthouse ‘‘Here at The New Yorker,’’ that Mr. Max- in front of a typewriter. square where an annual carnival was held well once took the train to Ossining, N.Y., to ‘‘Because I actively enjoy sleeping, and people paraded on patriotic holidays. In tell John Cheever that the magazine was re- dreams, the unexplainable dialogues that 1992 Mr. Maxwell wrote a reminiscence (in jecting one of his stories. Cheever became fu- take place in my head as I am drifting off, ‘‘Billy Dyer and Other Stories’’) of the rious, not so much at the rejection, but that all that, I tell myself that lying down to an ‘‘many marvels’’ of Lincoln: his courtly editor felt it necessary to come afternoon nap that goes on and on through ‘‘No house, inside or out, was like any tell him in person. eternity is not something to be concerned other house, and neither were the people who On another occasion, Mr. Maxwell again about,’’ he continued. ‘‘What spoils this lived in them. Incandescent carbon lamps, boarded a train, this time to go read three pleasant fancy is the recollection that when suspended high over the intersections, light- new stories by John O’Hara in the presence people are dead, they don’t read books. This ed the way home. The streets were paved of the author. It was a command perform- I find unbearable. No Tolstoy, no Chekhov, with brick, and elm trees met over them to ance and he was nervous. The first two sto- no Elizabeth Bowen, no Keats, no Rilke. ‘‘Before I am ready to call it quits I would provide a canopy of shade. There were hang- ries he read were not acceptable to The New like to reread every book I have ever deeply ing baskets of ferns and geraniums, some- Yorker, and Mr. Maxwell started reading the enjoyed, beginning with Jane Austen and times with American flags, suspended from third with trepidation. Fortunately, the going through shelf after shelf of the book- porch ceilings. The big beautiful white third turned out to be ‘‘Imagine Kissing cases, until I arrive at the ‘Autobiographies’ horses in the firehouse had to be exercised, Pete,’’ one of O’Hara’s best. of William Butler Yeats.’’∑ and so on my way to school now and then I Some of Cheever’s later stories caused con- got to see the fire engine when nobody’s sternation at The New Yorker because of the f house was on fire.’’ erotic content. When William Shawn, then EASTER SEALS OF After Mr. Maxwell’s mother died, he went the editor, objected to a reference to lust, ‘‘I SOUTHEASTERN MICHIGAN to live with an aunt and uncle in Bloom- was beside myself,’’ Mr. Maxwell said, ‘‘It ington, Ill., which, compared with Lincoln, seems very old-fashioned now, but then it ∑ Mr. LEVIN. Mr. President, I rise to was a metropolis and ‘‘where something was was unacceptable, and there was nothing I honor Easter Seals of Southeastern always going on, even if it was only the cat could do about it.’’ Michigan. On Saturday, September 9, having kittens.’’ When John Updike has his own editorial 2000, Easter Seals of Southeastern From his earliest years, he loved reading. battles at The New Yorker, he said he always Michigan will celebrate 80 years of As David Streitfeld put it in an article in found an ally in Mr. Maxwell. ‘‘There was al- The Washington Post, ‘‘Maxwell requires ways a lot of fiddling, and a lot of the fiddles service to the residents of South- printed matter the way other people need ox- came from Shawn. And Bill would assist me eastern Michigan. ygen.’’ Mr. Maxwell said ‘‘Treasure Island’’ in ignoring them.’’ Since June 21, 1920, Easter Seals of was the first work of literature he ever read. Sometimes it was the editor who benefited Southeastern Michigan has been assist- ‘‘At the last page, I turned back to the be- from the advice of the writter. Mr. Maxwell ing individuals with disabilities and

VerDate 11-MAY-2000 03:47 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.074 pfrm02 PsN: S05PT1 S8000 CONGRESSIONAL RECORD — SENATE September 5, 2000 their families. During this time, Easter tality, promoting voter registration, fighting the battles that have not yet Seals of Southeastern Michigan has re- and improving public services for the been won. I am delighted to hear that mained committed to treating every disenfranchised. she will still be on the ramparts and in person it serves with equality, dignity The plight of migrant farm workers the trenches for workers in need of her and independence. always remained a central part of her help. Dolores continues to do all she Guided by these principles, Easter public service. She soon met her kin- can to empower future generations of Seals of Southeastern Michigan seeks dred spirit in the cause for farm worker Americans to carry the torch that she to provide creative solutions that as- rights, Cesar Chavez. Dolores and Cesar let so brightly shine over these chal- sist the thousands of families it pro- embarked on a new path to bring the lenging years. She will also continue vides with therapy and support services plight of farm workers in our national her efforts to increase Latino voter each year. Nationwide, Easter Seals consciousness. In 1962, they founded participation and develop strong lead- serves 1 million people annually. the National Farm Workers Associa- ership opportunities for Hispanic For eight decades, Easter Seals of tion, the predecessor to the United women around the country, and advo- Southeastern Michigan has served chil- Farm Workers. Never before did farm cate for the rights of immigrants and dren and adults with disabilities. While workers have a voice in the political working people, speak on behalf of September 9, 2000, commemorates these process. Under her leadership as Polit- working people across America. efforts, it is also a day of high hopes ical Director, farm workers began to Millions of Americans enjoy a higher and expectations. September 9, 2000, understand that they could achieve so- quality of life because of her skillful ef- marks the official unveiling of the new cial justice by organizing strikes, boy- forts. No one has fought harder for Easter Seals facility in Southfield, cotts, and voter registration drives. civil rights of people of color, for work- Michigan. I am confident that this fa- Through Dolores’ leadership, once in- er’s rights, for environmental rights, cility will enable Easter Seals of visible farm workers were now given a for women’s and children’s rights, for Southeastern Michigan to complete human face and became an integral quality education and health care, and their mission for another 80 years and part of the struggle to gain civil rights for economic empowerment for the beyond. and equal justice for people of all col- poor. The Kennedy family is proud to Mr. President, I know my colleagues ors and economic backgrounds. consider Dolores a friend. join me in offering congratulations and Dolores will always hold a special Dolores Huerta is a living legend and best wishes for continuing success to place in the hearts of the Kennedy fam- a true American hero. Her vision, com- the Easter Seals of Southeastern ily. Dolores and Cesar Chavez devel- passion, and tireless commitment to Michigan, as they celebrate 80 years of oped a special relationship with my all Americans is never ending. Nothing service to disabled individuals and brother Bobby for John F. Kennedy’s we can say or do can truly repay her their families.∑ 1960 presidential campaign. Together, for all she has done to make our coun- f they established the ‘‘Viva Kennedy’’ try the strong and more just nation voter registration drive for Hispanic that it is today. From all of us who TRIBUTE TO DOLORES HUERTA voters in California. That effort was re- love and respect her, we say, ‘‘Job well ∑ Mr. KENNEDY. Mr. President. I vived in 1968 for Bobby’s presidential done!’’∑ come here to pay tribute to the re- campaign. l will always remember how f markable career of one of our nation’s her dedication and hard work were in- most influential labor and civil rights strumental to my brother’s California MESSAGES FROM THE PRESIDENT leaders, Dolores Huerta, who has re- primary victory. Dolores made it pos- Messages from the President of the tired as Secretary-Treasurer of the sible for Bobby to reach out to Mexi- United States were communicated to United Farm Workers of America. can-Americans and convey the message the Senate by Ms. Evans, one of his Dolores Huerta is a true national of a common vision for equal justice. secretaries. treasure. For half a century, the great She encouraged those who believed EXECUTIVE MESSAGES REFERRED victories for farm workers, the ad- that they were disenfranchised to come As in executive session the Presiding vances for these hardworking and to the polls for the first time to join in Officer laid before the Senate messages proud families, would not have been the fight for civil rights and human from the President of the United possible without the able leadership dignity. My family will always remem- States submitting five treaties which and vision of Dolores Huerta. When ber and respect Dolores for her strong were referred to the Committee on For- farm workers marched, Dolores led the and skillful efforts as well as her com- eign Relations. way. When farm workers struck for mitment to the great goals that we f better wages and working conditions, share. Dolores was at the front of the line. In 1973 was yet another turning point MESSAGES FROM THE HOUSE RE- all of the great boycotts for better jobs for the farm worker movement. When CEIVED DURING THE ADJOURN- for farm workers and their families, it grape growers decided to discontinue MENT OF THE SENATE was Dolores who pulled it all together. the collective bargaining agreements Under the authority of the order of Farm workers are her family. And all with the United Farm Workers, Dolo- the Senate of January 6, 1999, the Sec- of us in public life soon learned that if res organized a national boycott and retary of the Senate, on July 28, 2000, something was wrong with her brother public education campaign to inform during the adjournment of the Senate, and sisters in the field, Dolores would consumers of the poor working condi- received a message from the House of be knocking on doors to set things tions and unfair wages that farm work- Representatives announcing that the right. Her activism was ignited when ers endured from the agricultural in- House has passed the following bill: as a teacher, many of her students dustry. The striking farm workers were S. 2869. An act to protect religious liberty, came to school suffering from hunger subjected to severe harassment and vi- and for other purposes. and without adequate clothing. Frus- olence. Many of them lost their lives in The message also announced that the trated by the plight of these children, the struggle. But they would not give House has agreed to the following con- Dolores decided that she could best up until justice was won. In the end, current resolution: serve her community by working as a the California legislature enacted the S. Con. Res. 132. A concurrent resolution grass roots advocate and refocused her Agricultural Labor Relations Act. For providing for a conditional adjournment or life to the economic empowerment of the first time, farm workers were recess of the Senate and conditional adjourn- the parents of her students—the farm granted the right to collectively orga- ment of the House of Representatives. workers. nize and bargain for better wages and The message further announced that In 1955, she founded the Stockton, working conditions. the House has agreed to the amend- California chapter of the Community Cesar Chavez passed on seven years ment of the Senate to the bill (H.R. Service Organization. There, she began ago, but the struggle of the farm work- 3519) to provide for negotiations for the to develop her leadership skills ers continues. At a time in which most creation of a trust fund to be adminis- through the organization’s advocacy people settle into the slower pace of tered by the International Bank for Re- work to end segregation and police bru- their golden years, Dolores keeps on construction and Development or the

VerDate 11-MAY-2000 03:47 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.028 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8001 International Development Association H.R. 3468. An act to direct the Secretary of EC–10055. A communication from the Chief to combat the AIDS epidemic. the Interior to convey to certain water of the Office of Regulations and Administra- rights to Duchesne City, Utah. tive Law, U.S. Coast Guard, Department of ENROLLED BILLS SIGNED H.R. 4033. An act to amend the Omnibus Transportation, transmitting, pursuant to Under the authority of the order of Crime Control and Safe Streets Act of 1968 to law, the report of a rule entitled ‘‘Safety/Se- the Senate of January 6, 1999, the Sec- clarify the procedures and conditions for the curity Zone Regulations; LAKE ERIE, Huron retary of the Senate, on August 21, award of matching grants for the purchase of River Fest, Huron, OHIO (CGD09–00–023)’’ 2000, during the adjournment of the armor vests. (RIN2115–AA97 (2000–0042)) received on July Senate, received a message from the H.R. 4079. An act to require the Comp- 13, 2000; to the Committee on Commerce, troller General of the United States to con- Science, and Transportation. House of Representatives announcing EC–10056. A communication from the Chief that the Speaker has signed the fol- duct a comprehensive fraud audit of the De- partment of Education. of the Office of Regulations and Administra- lowing enrolled bills: H.R. 4201. An act to amend the Commu- tive Law, U.S. Coast Guard, Department of S. 2869. An act to protect religious liberty, nications Act of 1934 to clarify the service Transportation, transmitting, pursuant to and for other purposes. obligations of noncommercial educational law, the report of a rule entitled ‘‘Safety/Se- H.R. 4040. An act to amend title 5, United broadcast stations. curity Zone Regulations; Hill Bay, VA States Code, to provide for the establishment H.R. 4923. An act to amend the Internal (CGD05–00–020)’’ (RIN2115–AA97 (2000–0043)) of a program under which long-term care in- Revenue Code of 1986 to provide tax incen- received on July 13, 2000; to the Committee surance is made available to Federal employ- tives for the renewal of distressed commu- on Commerce, Science, and Transportation. ees, members of the uniformed services, and nities, to provide for 9 additional empower- EC–10057. A communication from the Chief civilian and military retirees, provide for the ment zones and increased tax incentives for of the Office of Regulations and Administra- correction of retirement coverage errors empowerment zone development, to encour- tive Law, U.S. Coast Guard, Department of under chapters 83 and 84 of such title, and for age investments in new markets, and for Transportation, transmitting, pursuant to other purposes. other purposes. law, the report of a rule entitled ‘‘Safety/Se- H.R. 4846. An act to establish the National curity Zone Regulations; Fireworks Display, Under the authority of the order of Provincetown Harbor, Provincetown, MA the Senate of January 6, 1999, the Sec- Recording Registry in the Library of Con- gress to maintain and preserve recordings (CGD01–00–022)’’ (RIN2115–AA97 (2000–0044)) received on July 13, 2000; to the Committee retary of the Senate, on August 23, that are culturally, historically, or aestheti- 2000, during the adjournment of the on Commerce, Science, and Transportation. cally significant, and for other purposes. EC–10058. A communication from the Chief Senate, received a message from the H.R. 4888. An act to protect innocent chil- of the Office of Regulations and Administra- dren. House of Representatives announcing tive Law, U.S. Coast Guard, Department of H.R. 4700. An act to grant the consent of that the Speaker has signed the fol- Transportation, transmitting, pursuant to the Congress to the Kansas and Missouri lowing enrolled bill: law, the report of a rule entitled ‘‘Safety/Se- Metropolitan Culture District Compact. curity Zone Regulations; Tongass Narrows, H.R. 8. An act to amend the Internal Rev- H.R. 4681. An act to provide for the adjust- Ketchikan, AK (COTP Southeast Alaska 00– enue Code of 1986 to phase out the estate and ment of status of certain Syrian nationals. 008)’’ (RIN2115–AA97 (2000–0045)) received on gift taxes over a 10-year period. H.J. Res. 72. Joint resolution granting the July 13, 2000; to the Committee on Com- Under the authority of the order of consent of the Congress to the Red River merce, Science, and Transportation. the Senate of January 6, 1999, the en- Boundary Compact. EC–10059. A communication from the Chief rolled bill was signed subsequently by f of the Office of Regulations and Administra- the President pro tempore (Mr. THUR- EXECUTIVE AND OTHER tive Law, U.S. Coast Guard, Department of Transportation, transmitting, pursuant to MOND). COMMUNICATIONS Under the authority of the order of law, the report of a rule entitled ‘‘Safety/Se- the Senate of January 6, 1999, the fol- The following communications were curity Zone Regulations; Kill Van Kull Channel, Newark Bay Channel, South Eliza- lowing enrolled bill, previously signed laid before the Senate, together with accompanying papers, reports, and doc- beth Channel, Elizabeth Channel, Port New- by the Speaker of the House, was ark Channel, and New Jersey Pierhead Chan- signed on July 28, 2000, by the Presi- uments, which were referred as indi- nel, New York and New Jersey (CGD01–98– dent pro tempore (Mr. THURMOND): cated: 165)’’ (RIN2115–AA97 (2000–0046)) received on H.R. 4576. An act making appropriations EC–10051. A communication from the Di- July 13, 2000; to the Committee on Com- for the Department of Defense for the fiscal rector of the Office of Civilian Radioactive merce, Science, and Transportation. year ending September 30, 2001, and for other Waste Management, Department of Energy, EC–10060. A communication from the Chief puposes. transmitting, pursuant to law, the annual re- of the Office of Regulations and Administra- tive Law, U.S. Coast Guard, Department of f port for fiscal year 1999; referred jointly, pur- suant to the order of January 30, 1975, as Transportation, transmitting, pursuant to MEASURES PLACED ON THE modified by the order of April 11, 1986, to the law, the report of a rule entitled ‘‘Technical CALENDAR Committees on Energy and Natural Re- Amendments; Organizational Changes; Mis- sources, and Environment and Public Works. cellaneous Editorial Changes and conforming The following bills were read the sec- EC–10052. A communication from the Chief Amendments (USCG–2000–72233)’’ (RIN2115– ond time, and placed on the calendar: of the Office of Regulations and Administra- ZZ02 (2000–0001)) received on July 13, 2000; to H.R. 728. An act to amend the Watershed tive Law, U.S. Coast Guard, Department of the Committee on Commerce, Science, and Protection and Flood Prevention Act to au- Transportation, transmitting, pursuant to Transportation. EC–10061. A communication from the Pro- thorize the Secretary of Agriculture to pro- law, the report of a rule entitled ‘‘Safety/Se- gram Analyst of the Federal Aviation Ad- vide cost share assistance for the rehabilita- curity Zone Regulations; LAKE ERIE, Red, ministration, Department of Transportation, tion of structural measures constructed as White and Blues Bang, Huron, OHIO (CGD09– transmitting, pursuant to law, the report of 00–020)’’ (RIN2115–AA97 (2000–0039)) received part of water resource projects previously a rule entitled ‘‘IFR Altitudes; Miscella- on July 13, 2000; to the Committee on Com- funded by the Secretary under such Act or neous Amendments (27); Amdt. No. 423 [7–6/7– merce, Science, and Transportation. related laws. 13]’’ (RIN2120–AA63 (2000–0004)) received on EC–10053. A communication from the Chief H.R. 1102. An act to provide for pension re- July 13, 2000; to the Committee on Com- of the Office of Regulations and Administra- form, and for other purposes. merce, Science, and Transportation. H.R. 1264. An act to amend the Internal tive Law, U.S. Coast Guard, Department of EC–10062. A communication from the Pro- Revenue Code of 1986 to require that each Transportation, transmitting, pursuant to gram Analyst of the Federal Aviation Ad- employer show on the W–2 form of each em- law, the report of a rule entitled ‘‘Safety/Se- ministration, Department of Transportation, ployee the employer’s share of taxes for old- curity Zone Regulations; LAKE ERIE, PORT transmitting, pursuant to law, the report of age, survivors, and disability insurance and CLINTON, OHIO (CGD09–00–021)’’ (RIN2115– a rule entitled ‘‘Airworthiness Directives: for hospital insurance for the employee as AA97 (2000–0040)) received on July 13, 2000; to Raytheon Aircraft Company 17, 18, 19, 23, 24, well as the total amount of such taxes for the Committee on Commerce, Science, and 33, 35, 36/A36, A36TC/B36TC, 45, 50, 55, 56, 58, such employee. Transportation. 58TC, 60, 65, 70, 76, 77, 80, 88, and 95 Series H.R. 2348. An act to authorize the Bureau EC–10054. A communication from the Chief Airplanes; docket no. 98–CE–61 [6–12/6–13]’’ of Reclamation to provide cost sharing for of the Office of Regulations and Administra- (RIN2120–AA64 (2000–0368)) received on July the endangered fish recovery implementa- tive Law, U.S. Coast Guard, Department of 13, 2000; to the Committee on Commerce, tion programs for the Upper Colorado and Transportation, transmitting, pursuant to Science, and Transportation. San Juan River Basins. law, the report of a rule entitled ‘‘Safety/Se- EC–10063. A communication from the Pro- H.R. 3048. An act to amend section 879 of curity Zone Regulations; LAKE ERIE, gram Analyst of the Federal Aviation Ad- title 18, United States Code, to provide clear- Maumee River, Ohio (CGD09–00–022)’’ ministration, Department of Transportation, er coverage over threats against former (RIN2115–AA97 (2000–0041)) received on July transmitting, pursuant to law, the report of Presidents and members of their families, 13, 2000; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives: and for other purposes. Science, and Transportation. Rolls-Royce plc. RB211 Trent 768–60; Trent

VerDate 11-MAY-2000 03:47 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.050 pfrm02 PsN: S05PT1 S8002 CONGRESSIONAL RECORD — SENATE September 5, 2000 772–60, and Trent 772B–60 Turbofan Engines; on July 13, 2000; to the Committee on Com- tion, Department of Transportation, trans- docket no. 2000–NE–05 [7–3/7–13]’’ (RIN2120– merce, Science, and Transportation. mitting, pursuant to law, the report of a rule AA64 (2000–0369)) received on July 13, 2000; to EC–10073. A communication from the Pro- entitled ‘‘Standard Instrument Approach the Committee on Commerce, Science, and gram Analyst of the Federal Aviation Ad- Procedures; Miscellaneous Amendments (29); Transportation. ministration, Department of Transportation, amdt. no. 2000 [7–13/7–117]’’ (RIN2120–AA65 EC–10064. A communication from the Pro- transmitting, pursuant to law, the report of (2000–0037)) received on July 21, 2000; to the gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Revision of Class E Airspace; Committee on Commerce, Science, and ministration, Department of Transportation, Walnut Ridge, AR; docket no, 2000–ASW–14 Transportation. transmitting, pursuant to law, the report of [7–12/7–13]’’ (RIN2120–AA66 (2000–0171)) re- EC–10083. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: ceived on July 13, 2000; to the Committee on gram Analyst, Federal Aviation Administra- ‘‘GE Company Model CF6–80C2A1/A2/A3/A5/ Commerce, Science, and Transportation. tion, Department of Transportation, trans- A8/D1F Turbofan Engines; docket no. 99–NE– EC–10074. A communication from the Pro- mitting, pursuant to law, the report of a rule 45 [6–27/7–13]’’ (RIN2120–AA64 (2000–0370)) re- gram Analyst of the Federal Aviation Ad- entitled ‘‘Standard Instrument Approach ceived on July 13, 2000; to the Committee on ministration, Department of Transportation, Procedures; Miscellaneous Amendments (42); Commerce, Science, and Transportation. transmitting, pursuant to law, the report of amdt. no. 1999 [7–13/7–117]’’ (RIN2120–AA65 EC–10065. A communication from the Pro- a rule entitled ‘‘Amendment to Class E Air- (2000–0038)) received on July 21, 2000; to the gram Analyst of the Federal Aviation Ad- space; McPherson, KS; docket no. 00–ACE–17 Committee on Commerce, Science, and ministration, Department of Transportation, [7–12/7–13]’’ (RIN2120–AA66 (2000–0172)) re- Transportation. transmitting, pursuant to law, the report of ceived on July 13, 2000; to the Committee on EC–10084. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Allison Engine Company Inc. AE007A and AE EC–10075. A communication from the Pro- tion, Department of Transportation, trans- 3007C Series Turbofan; docket no. 99–NE–15 gram Analyst of the Federal Aviation Ad- mitting, pursuant to law, the report of a rule [7–3/7–13]’’ (RIN2120–AA64 (2000–0371)) received ministration, Department of Transportation, entitled ‘‘Airworthiness Directives: Airbus on July 13, 2000; to the Committee on Com- transmitting, pursuant to law, the report of Model A319, A320, and A321 Series Airplanes; merce, Science, and Transportation. a rule entitled ‘‘Revocation of Class E Air- docket no. 99–NM–351[6–19/6–26]’’ (RIN2120– EC–10066. A communication from the Pro- space; Freeport TX; docket no, 2000–ASW–11; AA64 (2000–0346)) received on July 21, 2000; to gram Analyst of the Federal Aviation Ad- direct final rule; confirmation of effective the Committee on Commerce, Science, and ministration, Department of Transportation, date 1 [7–12/7–13]’’ (RIN2120–AA66 (2000–0173)) Transportation. transmitting, pursuant to law, the report of received on July 13, 2000; to the Committee EC–10085. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Airbus Model A330 and A340 Series Airplanes; EC–10076. A communication from the As- tion, Department of Transportation, trans- docket no. 99–NM–196 [7–3/7–13]’’ (RIN2120– sistant Administrator for Fisheries, National mitting, pursuant to law, the report of a rule AA64 (2000–0372)) received on July 13, 2000; to Marine Fisheries Service, Department of entitled ‘‘Airworthiness Directives: Airbus the Committee on Commerce, Science, and Commerce, transmitting, pursuant to law, Model A300–600 Series Airplanes; docket no. Transportation. the report of a rule entitled ‘‘Fisheries of the 98–NM–164 [6–19/6–26]’’ (RIN2120–AA64 (2000– EC–10067. A communication from the Pro- Exclusive Economic Zone Off Alaska; Re- 0347)) received on July 21, 2000; to the Com- gram Analyst of the Federal Aviation Ad- moval of Vessel Moratorium of the GOA and mittee on Commerce, Science, and Transpor- ministration, Department of Transportation, BSAI’’ (RIN0648–A000) received on July 19, tation. transmitting, pursuant to law, the report of 2000; to the Committee on Commerce, EC–10086. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: Science, and Transportation. gram Analyst, Federal Aviation Administra- Saab Model 2000 Series Airplanes; docket no. EC–10077. A communication from the Act- tion, Department of Transportation, trans- 99–NM–368 [7–7/7–13]’’ (RIN2120–AA64 (2000– ing Director of the Office of Sustainable mitting, pursuant to law, the report of a rule 0373)) received on July 13, 2000; to the Com- Fisheries, National Marine Fisheries Serv- entitled ‘‘Airworthiness Directives: Saab mittee on Commerce, Science, and Transpor- ice, Department of Commerce, transmitting, Model SF340A and 340B Series Airplanes; tation. pursuant to law, the report of a rule entitled docket no. 2000–NM–23 [7/13–7/20]’’ (RIN2120– EC–10068. A communication from the Pro- ‘‘Fisheries of the Exclusive Economic Zone AA64 (2000–0377)) received on July 21, 2000; to gram Analyst of the Federal Aviation Ad- Off Alaska; Pacific Ocean Perch in the East- the Committee on Commerce, Science, and ministration, Department of Transportation, ern Aleutian District of the Bering Sea and Transportation. transmitting, pursuant to law, the report of Aleutian Islands’’ received on July 19, 2000; EC–10087. A communication from the Pro- a rule entitled ‘‘Revision of Class E Airspace; to the Committee on Commerce, Science, gram Analyst of the Federal Aviation Ad- Barrow, AK; docket no. 00–AAL–1[7/5–7/13]’’ and Transportation. ministration, Department of Transportation, (RIN2120–AA66 (2000–0166)) received on July EC–10078. A communication from the Sur- transmitting, pursuant to law, the report of 13, 2000; to the Committee on Commerce, face Transportation Board, transmitting, a rule entitled ‘‘Airworthiness Directives: Science, and Transportation. pursuant to law, the report of a rule entitled Boeing Model 737–600, –700, and –800 Series EC–10069. A communication from the Pro- ‘‘Modification of the Carload Waybill Sample Airplanes; docket no. 2000–NM–209 [7–13/7– gram Analyst of the Federal Aviation Ad- and Public Use File Regulations’’ received on 20]’’ (RIN2120–AA64 (2000–0378)) received on ministration, Department of Transportation, July 17, 2000; to the Committee on Com- July 21, 2000; to the Committee on Com- transmitting, pursuant to law, the report of merce, Science, and Transportation. merce, Science, and Transportation. a rule entitled ‘‘Amendment to Class E Air- EC–10079. A communication from the Act- EC–10088. A communication from the Pro- space; Fairfield, IA; docket no. 00–ACE–13 [7– ing Director of the Office of Sustainable gram Analyst of the Federal Aviation Ad- 3/7–13]’’ (RIN2120–AA66 (2000–0167)) received Fisheries, National Marine Fisheries Serv- ministration, Department of Transportation, on July 13, 2000; to the Committee on Com- ice, Department of Commerce, transmitting, transmitting, pursuant to law, the report of merce, Science, and Transportation. pursuant to law, the report of a rule entitled a rule entitled ‘‘Airworthiness Directives: EC–10070. A communication from the Pro- ‘‘Fisheries of the Exclusive Economic Zone Boeing Model 747 Series Airplanes; docket gram Analyst of the Federal Aviation Ad- Off Alaska; Halibut Bycatch Mortality Al- no. 2000–NM–206 [7–13/7–20]’’ (RIN2120–AA64 ministration, Department of Transportation, lowance in the Bering Sea and Aleutian Is- (2000–0379)) received on July 21, 2000; to the transmitting, pursuant to law, the report of lands Management Area’’ received on July Committee on Commerce, Science, and a rule entitled ‘‘Amendment to Class E Air- 19, 2000; to the Committee on Commerce, Transportation. space; Oelwein, IA; docket no. 00–ACE–12 [7– Science, and Transportation. EC–10089. A communication from the Pro- 3/7–13]’’ (RIN2120–AA66 (2000–0168)) received EC–10080. A communication from the Asso- gram Analyst of the Federal Aviation Ad- on July 13, 2000; to the Committee on Com- ciate Administrator for Procurement, Na- ministration, Department of Transportation, merce, Science, and Transportation. tional Aeronautics and Space Administra- transmitting, pursuant to law, the report of EC–10071. A communication from the Pro- tion, transmitting, pursuant to law, the re- a rule entitled ‘‘Airworthiness Directives: gram Analyst of the Federal Aviation Ad- port of a rule entitled ‘‘Acquisition Plan- Boeing Model 727 Series Airplanes; docket ministration, Department of Transportation, ning’’ received on July 19, 2000; to the Com- no. 99–NM–75 [7–13/7–20]’’ (RIN2120–AA64 transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- (2000–0381)) received on July 21, 2000; to the a rule entitled ‘‘Amendment to Class E Air- tation. Committee on Commerce, Science, and space; Albion, NE; docket no. 99–ACE–30 [7– EC–10081. A communication from the Act- Transportation. 12/7–13]’’ (RIN2120–AA66 (2000–0169)) received ing Associate Administrator for Procure- EC–10090. A communication from the Pro- on July 13, 2000; to the Committee on Com- ment, National Aeronautics and Space Ad- gram Analyst of the Federal Aviation Ad- merce, Science, and Transportation. ministration, transmitting, pursuant to law, ministration, Department of Transportation, EC–10072. A communication from the Pro- the report of a rule entitled ‘‘Security Re- transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- quirements for Unclassified Information a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, Technology Resources’’ received on July 19, Boeing Model 747 Series Airplanes; Docket transmitting, pursuant to law, the report of 2000; to the Committee on Commerce, no. 99–NM–192 [7–13/7–20]’’ (RIN2120–AA64 a rule entitled ‘‘Amendment to Class E Air- Science, and Transportation. (2000–0382)) received on July 21, 2000; to the space; Hugoton, KS; docket no. 00–ACE–18 [7– EC–10082. A communication from the Pro- Committee on Commerce, Science, and 12/7–13]’’ (RIN2120–AA66 (2000–0170)) received gram Analyst, Federal Aviation Administra- Transportation.

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8003 EC–10091. A communication from the Legal of the Gulf of Alaska for Pacific Ocean Purposes in Los Angeles and Long Beach, CA Technician of the National Highway Traffic Perch’’ received on July 24, 2000; to the Com- Ports’’ (WT Docket No. 99–332, FCC 00–220) Safety Administration, Department of mittee on Commerce, Science, and Transpor- received on July 24, 2000; to the Committee Transportation, transmitting, pursuant to tation. on Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Procedures EC–10101. A communication from the As- EC–10112. A communication from the Act- for Transition to New National Driver Reg- sistant Administrator For Fisheries, Na- ing Director of the Office of Sustainable ister’’ (RIN2127–AG68) received on July 21, tional Marine Fisheries Service, Department Fisheries, National Marine Fisheries Serv- 2000; to the Committee on Commerce, of Commerce, transmitting, pursuant to law, ice, Department of Commerce, transmitting, Science, and Transportation. the report of a rule entitled ‘‘To Implement pursuant to law, the report of a rule entitled EC–10092. A communication from the As- Collection of Information Requirements Ap- ‘‘Fisheries of the Exclusive Economic Zone sistant Administrator for Satellite and In- proved Under Framework 33 to the Northeast Off Alaska—Closes Central Aleutian District formation Services, National Oceanic and Multispecies Fishery Management Plan’’ of the Bering Sea and Aleutian Islands for Atmospheric Administration, Department of (RIN0648–AN51) received on July 24, 2000; to Pacific Ocean Perch’’ received on July 24, Commerce, transmitting, pursuant to law, the Committee on Commerce, Science, and 2000; to the Committee on Commerce, the report of a rule entitled ‘‘Licensing of Transportation. Science, and Transportation. Private Remote–Sensing Space Systems’’ EC–10102. A communication from the Dep- EC–10113. A communication from the Act- (RIN0648–AC64) received on July 21, 2000; to uty Assistant Administrator of the Office of ing Director of the Office of Sustainable the Committee on Commerce, Science, and Diversion Control, Department of Justice, Fisheries, National Marine Fisheries Serv- Transportation. transmitting, pursuant to law, the report of ice, Department of Commerce, transmitting, EC–10093. A communication from the Pro- a rule entitled ‘‘Establishment of Freight pursuant to law, the report of a rule entitled gram Analyst of the Federal Aviation Ad- Forwarding Facilities for DEA Distributor ‘‘Fisheries of the Exclusive Economic Zone ministration, Department of Transportation, Registrants’’ (RIN117–AA36) received on July Off Alaska—Closes West Yakutat District of transmitting, pursuant to law, the report of 19, 2000; to the Committee on the Judiciary. the Gulf of Alaska for Pacific Ocean Perch’’ a rule entitled ‘‘Amendment to Class E Air- EC–10103. A communication from the Dep- received on July 24 , 2000; to the Committee space; Oakley, KS; docket no. 00–ACE–20 [7– uty Assistant Administrator, Office of Diver- on Commerce, Science, and Transportation. 14/7–20]’’ (RIN2120–AA66 (2000–0176)) received sion Control, Department of Justice, trans- EC–10114. A communication from the As- on July 21, 2000; to the Committee on Com- mitting, pursuant to law, the report of a rule sistant General Counsel for Regulatory Law, merce, Science, and Transportation. entitled ‘‘Schedules of Controlled Sub- Office of Environmental Management, De- EC–10094. A communication from the Pro- stances: Exempt Anabolic Steroid Products’’ partment of Energy, transmitting, pursuant gram Analyst of the Federal Aviation Ad- (RIN1117–AA51) received on July 27, 2000; to to law, the report of a rule entitled ‘‘Oper- ministration, Department of Transportation, the Committee on the Judiciary. ations Assessments’’ (DOE–EM–STD–5505–96) transmitting, pursuant to law, the report of EC–10104. A communication from the Sec- received on July 27, 2000; to the Committee a rule entitled ‘‘Amendment to Class E Air- retary of the Federal Trade Commission, on Energy and Natural Resources. EC–10115. A communication from the As- space; Columbia, MO; docket no. 00–ACE–21 transmitting, pursuant to law, the report sistant General Counsel for Regulatory Law, [7–14/7–20]’’ (RIN2120–AA66 (2000–0178)) re- relative to the operation of the premerger Office of Environment, Safety and Health, ceived on July 21, 2000; to the Committee on notification program; to the Committee on Department of Energy, transmitting, pursu- Commerce, Science, and Transportation. the Judiciary. ant to law, the report of a rule entitled EC–10095. A communication from the Pro- EC–10105. A communication from the Dep- ‘‘Safety of Magnetic Fusion Facilities: Guid- gram Analyst of the Federal Aviation Ad- uty Assistant Administrator, Office of Diver- ance’’ (DOE–STD–6003–96) received on July ministration, Department of Transportation, sion Control, Department of Justice, trans- 27, 2000; to the Committee on Energy and transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule Natural Resources. a rule entitled ‘‘Revision of Class E Airspace; entitled ‘‘Listed Chemicals; Final Establish- EC–10116. A communication from the Gen- Carrizo Springs, Glass Ranch, TX; docket no. ment of Thresholds for Iodine and Hydro- eral Counsel of the Federal Energy Regu- 2000–ASW–12 [7–18/7–20]’’ (RIN2120–AA66 (2000– chloric Gas (Anhydrous Hydrogen Chloride)’’ latory Commission, transmitting, pursuant 0179)) received on July 21, 2000; to the Com- (RIN117–AA43) received on August 21, 2000; to to law, the report of a rule entitled ‘‘Final mittee on Commerce, Science, and Transpor- the Committee on the Judiciary. Rule on Well Category Determinations’’ tation. EC–10106. A communication from the Di- (RIN1902–AB98) received on July 27, 2000; to EC–10096. A communication from the Pro- rector of the Administrative Office of the the Committee on Energy and Natural Re- gram Analyst of the Federal Aviation Ad- United States Courts, transmitting, pursu- sources. ministration, Department of Transportation, ant to law, the report relative to capital ha- EC–10117. A communication from the Act- transmitting, pursuant to law, the report of beas corpus proceedings for the period of ing Director of the Office of Policy, Depart- a rule entitled ‘‘Amendment to Class E Air- July 1, 1999 through June 30, 2000; to the ment of Energy, transmitting, a report enti- space; Atwood, KS; docket no. 00–ACE–19 [7– Committee on the Judiciary. tled ‘‘The Northeast Heating Fuel Market: 14/7–20]’’ (RIN2120–AA66 (2000–0180)) received EC–10107. A communication from the Asso- Assessment and Options’’; to the Committee on July 21, 2000; to the Committee on Com- ciate Director of the Office of Legislative, on Energy and Natural Resources. merce, Science, and Transportation. Intergovernmental and Public Affairs, Court EC–10118. A communication from the As- EC–10097. A communication from the Office Services and Offender Supervision Agency sistant Secretary for Export Administration, of Protected Resources, Department of Com- for the District of Columbia, transmitting, Department of Commerce, transmitting, pur- merce, transmitting, pursuant to law, the re- the notification of a violation of the suant to law, the report on a rule entitled port of a rule entitled ‘‘Sea Turtle Conserva- Antideficiency Act; to the Committee on Ap- ‘‘Reexports to Serbia of Foreign Registered tion; Restrictions Applicable to Shrimp propriations. Aircraft Subject to the Export Administra- Trawl Activities’’ (RIN0648–AN30) received EC–10108. A communication from the Ad- tion Regulations’’ (RIN0694–AC26) received on July 21, 2000; to the Committee on Com- ministrator of the Food and Nutrition Serv- on July 25, 2000; to the Committee on Bank- merce, Science, and Transportation. ice, Department of Agriculture, transmit- ing, Housing, and Urban Affairs. EC–10098. A communication from the Office ting, pursuant to law, the report of a rule en- EC–10119. A communication from the Gen- of Protected Resources, Department of Com- titled ‘‘Food Distribution Program on Indi- eral Counsel of the Federal Emergency Man- merce, transmitting, pursuant to law, the re- ans Reservations—Income Deductions and agement Agency, transmitting, pursuant to port of a rule entitled ‘‘Sea Turtle Conserva- Miscellaneous Provisions’’ (RIN0584–AC81) law, the report of a rule entitled ‘‘Final tion; Restrictions to Fishing Activities’’ received on August 21, 2000; to the Com- Flood Elevation Determinations 65 FR 38212 (RIN0648–A019) received on July 21, 2000; to mittee on Indian Affairs. 06/20/2000’’ received on July 21, 2000; to the the Committee on Commerce, Science, and EC–10109. A communication from the Di- Committee on Banking, Housing, and Urban Transportation. rector of the Executive Office of the Presi- Affairs. EC–10099. A communication from the Office dent, Office of Management and Budget, EC–10120. A communication from the Sec- of Protected Resources, Department of Com- transmitting, pursuant to law, the pay-as- retary of the Division of Corporation Fi- merce, transmitting, pursuant to law, the re- you-go report dated August 9, 2000; to the nance, Securities and Exchange Commission, port of a rule entitled ‘‘Sea Turtle Conserva- Committee on the Budget. transmitting, pursuant to law, the report of tion; Restrictions Applicable to Shrimp EC–10110. A communication from the Sec- a rule entitled ‘‘Commission Guidance on Trawl Activities; Leatherback Conservation retary of Defense, transmitting the report of Mini-Tender Offers and Limited Partnership Zone’’ (RIN0648–A022) received on July 21, a retirement; to the Committee on Armed Tender Offers’’ received on July 25, 2000; to 2000; to the Committee on Commerce, Services. the Committee on Banking, Housing, and Science, and Transportation. EC–10111. A communication from the Asso- Urban Affairs. EC–10100. A communication from the Act- ciate Bureau Chief of the Wireless Tele- EC–10121. A communication from the Man- ing Director of the Office of Sustainable communication Bureau, Federal Commu- aging Director of the Office of the General Fisheries, National Marine Fisheries Serv- nications Commissions, transmitting, pursu- Counsel, Federal Housing Finance Board, ice, Department of Commerce, transmitting, ant to law, the report of a rule entitled transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled ‘‘Amendments of Parts 0, 80, and 90 of the a rule entitled ‘‘Federal Home Loan Bank ‘‘Fisheries of the Exclusive Economic Zone Commission’s Rules to Make the Frequency Acquired Member Assets, Core Mission Ac- Off Alaska—Closes Central Regulatory Area 156.250 MHz Available for Port Operations tivities, Investments and Advances’’

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 S8004 CONGRESSIONAL RECORD — SENATE September 5, 2000 (RIN3069–AA98) received on July 27, 2000; to ports of Federal Pension Plans for the plan Service, Department of the Treasury, trans- the Committee on Banking, Housing, and year January 1, 1999, through December 31, mitting, pursuant to law, the report of a rule Urban Affairs. 1999; to the Committee on Governmental Af- entitled ‘‘Revenue Procedure 2000–32’’ (RP– EC–10122. A communication from the Man- fairs. 111202–00) received on July 27, 2000; to the aging Director of the Office of the General EC–10132. A communication from the Di- Committee on Finance. Counsel, Federal Housing Finance Board, rector of the Office of Personnel Manage- EC–10144. A communication from the Chief transmitting, pursuant to law, the report of ment, transmitting, pursuant to law, the re- of the Regulations Unit, Internal Revenue a rule entitled ‘‘Powers and Responsibilities port of a rule entitled ‘‘Pre–Tax Allotments Service, Department of the Treasury, trans- of Federal Home Loan Bank Boards of Direc- for Health Insurance Premiums’’ (RIN3206– mitting, pursuant to law, the report of a rule tors and Senior Management’’ (RIN3069– AJ16) received on July 27, 2000; to the Com- entitled ‘‘Notice 2000–34 Losses by Blue Cross AA90) received on July 27, 2000; to the Com- mittee on Governmental Affairs. Blue Shield Organizations’’ (Notice 2000–34) mittee on Banking, Housing, and Urban Af- EC–10133. A communication from the Di- received on July 27, 2000; to the Committee fairs. rector of the Office of Personnel Manage- on Finance. EC–10123. A communication from the Fis- ment, transmitting, pursuant to law, the re- EC–10145. A communication from the Chief cal Assistant Secretary of the Department of port of a rule entitled ‘‘Health Insurance of the Regulations Unit, Internal Revenue the Treasury, transmitting, pursuant to law, Premium Conversion’’ (RIN3206–AJ17) re- Service, Department of the Treasury, trans- a notice concerning an annual report on ma- ceived on July 27, 2000; to the Committee on mitting, pursuant to law, the report of a rule terial violations of regulations; to the Com- Governmental Affairs. entitled ‘‘Notice 2000–38 Withholding and Re- mittee on Banking, Housing, and Urban Af- EC–10134. A communication from the Exec- porting Requirements for section 457(b) fairs. utive Director of the Committee for Pur- plans’’ (Notice 2000–38) received on August 1, EC–10124. A communication from the As- chase from People Who Are Blind or Se- 2000; to the Committee on Finance. sistant General Counsel for Regulations, Of- verely Disabled, transmitting, pursuant to EC–10146. A communication from the Chief fice of the Secretary, Department of Housing law, the report of additions to the procure- of the Regulations Unit, Internal Revenue and Urban Development, transmitting, pur- ment list received on July 27, 2000; to the Service, Department of the Treasury, trans- suant to law, the report of a rule entitled Committee on Governmental Affairs. mitting, pursuant to law, the report of a rule ‘‘Amendments to HUD’s Mortgagee Review EC–10135. A communication from the Di- entitled ‘‘T.D. 8894 Loans From a Qualified Board and Civil Money Penalty Regulations’’ rector of the Office of Personnel Manage- Employer Plan to Plan Participants and (RIN2501–AC44 (FR–4308–F–02)) received on ment, transmitting, pursuant to law, the re- Beneficiaries’’ (RIN1545–AE41) received on July 21, 2000; to the Committee on Banking, port of a rule entitled ‘‘Administrative July 28, 2000; to the Committee on Finance. Housing, and Urban Affairs. Claims Under the Federal Tort Claims Act’’ EC–10147. A communication from the So- EC–10125. A communication from the As- (RIN3206–AI70) received on July 27, 2000; to cial Security Regulations Officer, transmit- sistant Secretary of Legislative Affairs, De- the Committee on Governmental Affairs. ting, pursuant to law, the report of a rule en- partment of State, transmitting, pursuant to EC–10136. A communication from the Small titled ‘‘Revised Medical Criteria for Evalu- law, the report of the transmittal of the cer- Business Advocacy Chair, Environmental ating Mental Disorders and Traumatic Brain tification of the proposed issuance of an ex- Protection Agency, transmitting, the report Injury’’ (RIN0960–AC74) received on July 31, port license relative to Australia, Austria, of three items; to the Committee on Envi- 2000; to the Committee on Finance. Canada, Finland, French Guiana, Germany, ronment and Public Works. EC–10148. A communication from the Sec- Italy, Japan, Kourou, NATO, New Zealand, EC–10137. A communication from the Di- retary of Health and Human Services, trans- Norway, Russia, Saudi Arabia, Sea Launch, rector of the Fish and Wildlife Service, De- mitting, a report relative to establishing Spain, Sweden, Switzerland, Thailand, and partment of the Interior, transmitting, pur- minimum nurse staffing ratios in nursing the United Kingdom; to the Committee on suant to law, the report of a rule entitled homes; to the Committee on Finance. Foreign Relations. ‘‘Endangered and Threatened Wildlife and EC–10149. A communication from the Asso- EC–10126. A communication from the As- Plants; Final Rule To List the Short-tailed ciate Administrator of the Tobacco Pro- sistant Legal Adviser for Treaty Affairs, De- Albatross as Endangered in the United grams, Agricultural Marketing Service, De- partment of State, transmitting, pursuant to States’’ received on July 26, 2000; to the partment of Agriculture, transmitting, pur- law, the report of the texts of international Committee on Environment and Public suant to law, the report of a rule entitled agreements, other than treaties, and back- Works. ‘‘Amend Regulations for Tobacco Inspec- ground statements; to the Committee on EC–10138. A communication from the Sec- tion’’ (Docket Number TB–99–02 RIN0581– Foreign Relations. retary of Defense, transmitting, a notice rel- AB75) received on July 27, 2000; to the Com- EC–10127. A communication from the Act- ative to a retirement received on July 27, mittee on Commerce, Science, and Transpor- ing Executive Director of the Commodity 2000; to the Committee on Armed Services. tation. Futures Trading Commission, transmitting, EC–10139. A communication from the Chief EC–10150. A communication from the Pro- pursuant to law, the report of a rule entitled of the Regulations Unit, Internal Revenue gram Analyst of the Federal Aviation Ad- ‘‘Adjustment of Civil Monetary Penalties for Service, Department of the Treasury, trans- ministration, Department of Transportation, Inflation’’ (RIN3038–AB59) received on July mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the report of 27, 2000; to the Committee on Agriculture, entitled ‘‘Guidance on section 403(b) plans’’ a rule entitled ‘‘Airworthiness Directives: Nutrition, and Forestry. (Revenue Ruling 2000–35) received on July 21, Airbus Model A319, A320 and A321 Series Air- EC–10128. A communication from the 2000; to the Committee on Finance. planes, 2000NM55’’ (RIN2120–AA64 (2000–0384)) Under Secretary for Food, Nutrition, and EC–10140. A communication from the Di- received on July 27, 2000; to the Committee Consumer Services, Department of Agri- rector of Policy Directives and Instructions on Commerce, Science, and Transportation. culture, transmitting, pursuant to law, a Branch, Immigration and Naturalization EC–10151. A communication from the Pro- copy of a final rule entitled ‘‘Recipient Service, Department of Justice, transmit- gram Analyst of the Federal Aviation Ad- Claim Establishment and Collection Stand- ting, pursuant to law, the report of a rule en- ministration, Department of Transportation, ards’’ received on July 27, 2000; to the Com- titled ‘‘Delegation of the adjustment of cer- transmitting, pursuant to law, the report of mittee on Agriculture, Nutrition, and For- tain temporary agricultural worker (H–2A) a rule entitled ‘‘Airworthiness Directives: estry. petitions, appellate and revocation authority BF Goodrich Main Brake Assemblies as In- EC–10129. A communication from the Di- for those petitions to the Secretary of stalled on Airbus Model A319 and A320 Series rector of the Regulations Policy and Man- Labor’’ (RIN1115–AF29 INS. No. 1946–98) re- Airplanes; docket no. 2000–NM–210; [7–21/7– agement Staff, Department of Health and ceived on July 21, 2000; to the Committee on 26]’’ (RIN2120–AA64 (2000–0385)) received on Human Services, transmitting, pursuant to the Judiciary. July 27, 2000; to the Committee on Com- law, the report of a rule entitled ‘‘Irradiation EC–10141. A communication from the Di- merce, Science, and Transportation. in the Production, Processing, and Handling rector of the Office of Wage Determinations, EC–10152. A communication from the Pro- of Food’’ (Docket No. 98F–0165) received on Employment Standards Administration, De- gram Analyst of the Federal Aviation Ad- July 27, 2000; to the Committee on Agri- partment of Labor, transmitting, pursuant ministration, Department of Transportation, culture, Nutrition, and Forestry. to law, the report of a rule entitled ‘‘Service transmitting, pursuant to law, the report of EC–10130. A communication from the Con- Contract Act; Labor Standards for Federal a rule entitled ‘‘Airworthiness Directives: gressional Review Coordinator, Animal and Service Contracts’’ (RIN1215–AB26) received McDonnell Douglas Model MD–11 Series Air- Plant Health Inspection Service, Department on July 26, 2000; to the Committee on Health, planes; docket no. 99–NM–246 [7–19/7–27]’’ of Agriculture, transmitting, pursuant to Education, Labor, and Pensions. (RIN2120–AA64 (2000–0386)) received on July law, the report of a rule entitled ‘‘Veterinary EC–10142. A communication from the Chief 27, 2000; to the Committee on Commerce, Services User Fees; Pet Food Facility In- of the Regulations Unit, Internal Revenue Science, and Transportation. spection and Approval Fees’’ (Docket No. 98– Service, Department of the Treasury, trans- EC–10153. A communication from the Pro- 045–2) received on July 21, 2000; to the Com- mitting, pursuant to law, the report of a rule gram Analyst of the Federal Aviation Ad- mittee on Agriculture, Nutrition, and For- entitled ‘‘Weighted Average Interest Rate ministration, Department of Transportation, estry. Update’’ (Notice 2000–18) received on July 28, transmitting, pursuant to law, the report of EC–10131. A communication from the Em- 2000; to the Committee on Finance. a rule entitled ‘‘Airworthiness Directives: ployee Benefits Manager, Farm Credit Bank, EC–10143. A communication from the Chief Boeing Model 737–200 and –300 Airplanes, transmitting, pursuant to law, the annual re- of the Regulations Unit, Internal Revenue docket no. 2000–NM–216 [7–20/7–27]’’ (RIN2120–

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8005 AA64 (2000–0387)) received on July 27, 2000; to EC–10163. A communication from the EC–10172. A communication from the Pro- the Committee on Commerce, Science, and Chairman of the Federal Communications gram Analyst of the Federal Aviation Ad- Transportation. Commission, transmitting, pursuant to law, ministration, Department of Transportation, EC–10154. A communication from the Pro- the report on Auction expenditures for fiscal transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- year 1999; to the Committee on Commerce, a rule entitled ‘‘Standard Instrument Ap- ministration, Department of Transportation, Science, and Transportation. proach Procedures; Miscellaneous Amend- transmitting, pursuant to law, the report of EC–10164. A communication from the Dep- ments (46); amdt no. 2002 [7–27/7–31]’’ a rule entitled ‘‘Airworthiness Directives: uty Chief of the Accounting Policy Division, (RIN2120–AA65 (2000–0040)) received on July Boeing Model 747–400 Series Airplanes Common Carrier Bureau, Federal Commu- 31, 2000; to the Committee on Commerce, equipped with P & W PW4000 Series Engines; nications Commission, transmitting, pursu- Science, and Transportation. docket n. 99–NM–66 [7–8/7–27]’’ (RIN2120–AA64 ant to law, the report of a rule entitled ‘‘In EC–10173. A communication from the Act- (2000–0388)) received on July 27, 2000; to the the Matter of Federal-State Joint Board on ing Director of the Office of Sustainable Committee on Commerce, Science, and Universal Service, CC Docket Nos. 96–45 and Fisheries, National Marine Fisheries Serv- Transportation. 97–21’’ (FCC 00–180, CC Docs. 96–45, 97–21) re- ice, Department of Commerce, transmitting, EC–10155. A communication from the At- ceived on July 31, 2000; to the Committee on pursuant to law, the report of a rule entitled torney–Advisor of the National Highway Commerce, Science, and Transportation. ‘‘Fisheries of the Exclusive Economic Zone Traffic Safety Administration, Department EC–10165. A communication from the Pro- Off Alaska; Northern Rockfish in the West- of Transportation, transmitting, pursuant to gram Analyst of the Federal Aviation Ad- ern Regulatory Area of the Gulf of Alaska’’ law, the report of a rule entitled ‘‘Incentive ministration, Department of Transportation, received on August 1, 2000; to the Committee Grants for Alcohol-Impaired Driving Preven- transmitting, pursuant to law, the report of on Commerce, Science, and Transportation. EC–10174. A communication from the Act- tion Programs’’ (RIN2127–AH42) received on a rule entitled ‘‘Airworthiness Directives: ing Director of the Office of Sustainable July 27, 2000; to the Committee on Com- Stemme GmbH & Co. KG Models S10–V and Fisheries, National Marine Fisheries Serv- merce, Science, and Transportation. S10–VT sailplanes; docket no. 99–CE–25 [7–26/ ice, Department of Commerce, transmitting, EC–10156. A communication from the At- 7–31]’’ (RIN2120–AA64 (2000–0390)) received on pursuant to law, the report of a rule entitled torney–Advisor of the National Highway July 31, 2000; to the Committee on Com- Traffic Safety Administration, Department ‘‘Fisheries of the Exclusive Economic Zone merce, Science, and Transportation. Off Alaska—Closes Central Regulatory Area of Transportation, transmitting, pursuant to EC–10166. A communication from the Pro- of the Gulf of Alaska for Northern Rockfish’’ law, the report of a rule entitled ‘‘Child Re- gram Analyst of the Federal Aviation Ad- received on August 1, 2000; to the Committee straints Anchorage Systems—response to pe- ministration, Department of Transportation, titions for reconsideration (second notice)’’ on Commerce, Science, and Transportation. transmitting, pursuant to law, the report of EC–10175. A communication from the Act- (RIN2127–AH86) received on July 27, 2000; to a rule entitled ‘‘Airworthiness Directives: the Committee on Commerce, Science, and ing Director of the Office of Sustainable Boeing Model 747 Series Airplanes; docket Fisheries, National Marine Fisheries Serv- Transportation. no. 99–NM–335 [7–19/7–31]’’ (RIN2120–AA64 EC–10157. A communication from the Asso- ice, Department of Commerce, transmitting, (2000–0391)) received on July 31, 2000; to the ciate Administrator for Procurement, Na- pursuant to law, the report of a rule entitled Committee on Commerce, Science, and tional Aeronautics and Space Administra- ‘‘Fisheries of the Exclusive Economic Zone Transportation. Off Alaska—Closes Central Regulatory Area tion, transmitting, pursuant to law, the re- EC–10167. A communication from the Pro- port of a rule entitled ‘‘Procedural Revisions of the Gulf of Alaska for Pelagic Shelf Rock- gram Analyst of the Federal Aviation Ad- fish’’ received on August 1, 2000; to the Com- for Awards Resulting from Broad Agency An- ministration, Department of Transportation, nouncements’’ received on July 28, 2000 ; to mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of the Committee on Commerce, Science, and tation. a rule entitled ‘‘Airworthiness Directives: EC–10176. A communication from the Act- Transportation. EC–10158. A communication from the Asso- McDonnell Douglas Model DC 10 –10, –5, 30, ing Director of the Office of Sustainable ciate Administrator for Procurement, Na- and 40 Series Airplanes; Model MD–10–10F Fisheries, National Marine Fisheries Serv- tional Aeronautics and Space Administra- and 30F Series Airplanes; and KC 10A Air- ice, Department of Commerce, transmitting, tion, transmitting, pursuant to law, the re- planes; docket no. 98–NM–228 [7–19/7–31]’’ pursuant to law, the report of a rule entitled port of a rule entitled ‘‘Contract Bundling’’ (RIN2120–AA64 (2000–0392)) received on July ‘‘Fisheries of the Exclusive Economic Zone Off Alaska—Closes West Yakutat District of received on July 28, 2000; to the Committee 31, 2000; to the Committee on Commerce, the Gulf of Alaska for Other Rockfish’’ re- on Commerce, Science, and Transportation. Science, and Transportation. EC–10159. A communication from the Act- EC–10168. A communication from the Pro- ceived on August 1, 2000; to the Committee ing Director of the Office of Sustainable gram Analyst of the Federal Aviation Ad- on Commerce, Science, and Transportation. EC–10177. A communication from the Act- Fisheries, National Marine Fisheries Serv- ministration, Department of Transportation, ing Director of the Office of Sustainable ice, Department of Commerce, transmitting, transmitting, pursuant to law, the report of Fisheries, National Marine Fisheries Serv- pursuant to law, the report of a rule entitled a rule entitled ‘‘Airworthiness Directives: ice, Department of Commerce, transmitting, ‘‘Atlantic Highly Migratory Species Fish- Boeing Model 747 Series Airplanes; docket pursuant to law, the report of a rule entitled eries; Atlantic Bluefin Tuna Specifications no. 99–NM–64 [7–19/7–31]’’ (RIN2120–AA64 ‘‘Fisheries of the Exclusive Economic Zone and Regulatory Amendment’’ (RIN0648–AO03; (2000–0393)) received on July 31, 2000; to the Committee on Commerce, Science, and Off Alaska; Sablefish by Vessels Using Trawl I.D. 041200D) received on July 28, 2000; to the Gear in the Central Regulatory Area of the Committee on Commerce, Science, and Transportation. EC–10169. A communication from the Pro- Gulf of Alaska’’ received on August 1, 2000; to Transportation. the Committee on Commerce, Science, and EC–10160. A communication from the Act- gram Analyst of the Federal Aviation Ad- Transportation. ing Director of the Office of Sustainable ministration, Department of Transportation, transmitting, pursuant to law, the report of EC–10178. A communication from the As- Fisheries, National Marine Fisheries Serv- sistant General Counsel for Regulatory Law, a rule entitled ‘‘Airworthiness Directives: ice, Department of Commerce, transmitting, Office of Field Integration, Department of Boeing Model 737–200, 300, 400, and 500 Series pursuant to law, the report of a rule entitled Energy, transmitting, pursuant to law, the Airplanes; docket no. 2000–NM–103 [7–19/7– ‘‘Fisheries of the Northeastern United report of a rule entitled ‘‘Implementation 31]’’ (RIN2120–AA64 (2000–0394)) received on States; Black Sea Bass Fishery; Commercial Guide for Surveillance and Maintenance Quota Harvested for Quarter 3 Period’’ re- July 31, 2000; to the Committee on Com- During Facility Transition and Disposition’’ ceived on July 28, 2000; to the Committee on merce, Science, and Transportation. (DOE G 430.1–2) received on July 28, 2000; to EC–10170. A communication from the Pro- Commerce, Science, and Transportation. the Committee on Commerce, Science, and gram Analyst of the Federal Aviation Ad- EC–10161. A communication from the Act- Transportation. ing Director of the Office of Sustainable ministration, Department of Transportation, EC–10179. A communication from the As- Fisheries, National Marine Fisheries Serv- transmitting, pursuant to law, the report of sistant General Counsel for Regulatory Law, ice, Department of Commerce, transmitting, a rule entitled ‘‘Airworthiness Directives: Office of Field Integration, Department of pursuant to law, the report of a rule entitled Short Brothers Model SD3–60 Series Air- Energy, transmitting, pursuant to law, the ‘‘Fisheries of the Exclusive Economic Zone planes; docket no. 2000–NM–12 [7–19/7–31]’’ report of a rule entitled ‘‘Deactivation Im- Off Alaska; Pacific Ocean Perch in the West- (RIN2120–AA64 (2000–0395)) received on July plementation Guide’’ (DOE G 430.1–3) re- ern Aleutian District of the Bering Sea and 31, 2000; to the Committee on Commerce, ceived on July 28, 2000; to the Committee on Aleutian Islands’’ received on July 28, 2000; Science, and Transportation. Commerce, Science, and Transportation. to the Committee on Commerce, Science, EC–10171. A communication from the Pro- EC–10180. A communication from the Gen- and Transportation. gram Analyst of the Federal Aviation Ad- eral Counsel of the Federal Energy Regu- EC–10162. A communication from the ministration, Department of Transportation, latory Commission, transmitting, pursuant Under Secretary for Oceans and Atmosphere, transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘Op- Department of Commerce, transmitting, pur- a rule entitled ‘‘Standard Instrument Ap- tional Certificate and Abandonment Proce- suant to law, the annual report of the Coast- proach Procedures; Miscellaneous Amend- dures for Applications for New Service Under al Zone Management Fund for the National ments (45); amdt no. 2001 [7–27/7–31]’’ Section 7 of the Natural Gas Act’’ (RIN1902– Oceanic and Atmospheric Administration for (RIN2120–AA65 (2000–039)) received on July 31, AB96) received on August 1, 2000; to the Com- fiscal year 1999; to the Committee on Com- 2000; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. Science, and Transportation. tation.

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 S8006 CONGRESSIONAL RECORD — SENATE September 5, 2000 EC–10181. A communication from the Di- a rule entitled ‘‘Exemption Under 18 U.S.C. EC–10203. A communication from the Presi- rector of Defense Procurement, Department 208(b)(2) for Financial Interests of Non–Fed- dent of the United States, transmitting, pur- of Defense, transmitting, pursuant to law, eral Government Employers in the Decennial suant to law, a notice relative to the con- the report of a rule entitled ‘‘Repeal of Re- Census’’ (RIN3209–AA09) received on August tinuation of the Iraqi emergency; to the porting Requirements Under Public Law 85– 1, 2000; to the Committee on Governmental Committee on Banking, Housing, and Urban 804’’ (DFARS Case 2000–D016) received on Affairs. Affairs. July 28, 2000; to the Committee on Armed EC–10193. A communication from the EC–10204. A communication from the Small Services. Comptroller General, transmitting, pursuant Business Advocacy Chair, Environmental EC–10182. A communication from the Di- to law, a report relative to General Account- Protection Agency, transmitting, pursuant rector of Defense Procurement, Department ing Office employees as of July 14, 2000; to to law, the report of a rule entitled ‘‘Ap- of Defense, transmitting, pursuant to law, the Committee on Governmental Affairs. proval and Promulgation of Air Quality Im- the report of a rule entitled ‘‘Streamlined EC–10194. A communication from the In- plementation Plans; Maryland; Approval of Payment Practices’’ (DFARS Case 98–D026) vestment Manager, Treasury Division, Army Revisions to COMAR 26.11.12 Control of received on July 28, 2000; to the Committee and Air Force Exchange Service, transmit- Batch Type Hot-Dip Galvanizing Installa- on Armed Services. ting, pursuant to law, the Annual Report tions’’ (FRL6838–3) and ‘‘Preliminary Assess- EC–10183. A communication from the Sec- Federal Pensions Plans for calendar year ment Information Reporting; Addition of retary of Defense, transmitting, a notice rel- 1999; to the Committee on Governmental Af- Certain Chemicals’’ (FRL6597–3) received on ative to a retirement received on July 28, fairs. July 18, 2000; to the Committee on Environ- 2000; to the Committee on Armed Services. EC–10195. A communication from the Con- ment and Public Works. EC–10184. A communication from the Dep- gressional Review Coordinator, Animal and EC–10205. A communication from the Small uty Executive Secretary, Substance Abuse Plant Health Inspection Service, Department Business Advocacy Chair, Environmental and Mental Health Services Administration, of Agriculture, transmitting, pursuant to Protection Agency, transmitting, pursuant Department of Health and Human Services, law, the report of a rule entitled ‘‘Spanish to law, the report of two rules entitled ‘‘Ap- transmitting, pursuant to law, the report of Pure Breed Horses from Spain’’ (Docket no. proval and Promulgation of Implementation a rule entitled ‘‘Application Deadline for the 99–054–2) received on July 28, 2000; to the Plans; Oklahoma; Revised Format for Mate- Substance Abuse Prevention and Treatment Committee on Agriculture, Nutrition, and rials Being Incorporated by Reference’’ (SAPT) Block Grant Program’’ (RIN0930– Forestry. (FRL6727–1) and ‘‘Redefinition of the Glycol AA04) received on July 26, 2000; to the Com- EC–10196. A communication from the Ad- Ethers Category Under Section 112 (b) (1) of mittee on Health, Education, Labor, and ministrator of the Food Safety and Inspec- the CAA And Section 101 of the Comprehen- Pensions. tion Service, Department of Agriculture, sive Environmental Response, Compensa- EC–10185. A communication from the Sec- transmitting, pursuant to law, the report of tion, and Liability Act’’ (FRL6843–3) received retary of Health and Human Services, trans- a rule entitled ‘‘Fee Increase for Egg Prod- on July 27, 2000; to the Committee on Envi- mitting, pursuant to law, a report relative to ucts Inspection—Year 2000’’ (RIN0583–AC71) ronment and Public Works. emergency funds available to eight states received on July 28, 2000; to the Committee EC–10206. A communication from the Di- that have been impacted by the heat wave in on Agriculture, Nutrition, and Forestry. rector of Congressional Affairs, Nuclear Ma- the South this summer and to Alaska due to EC–10197. A communication from the Con- terial Safety and Safeguards, Nuclear Regu- the recent fisheries disaster; to the Com- gressional Review Coordinator, Animal and latory Commission, transmitting, pursuant mittee on Health, Education, Labor, and Plant Health Inspection Service, Department to law, the report of a rule entitled ‘‘Revised, Pensions. of Agriculture, transmitting, pursuant to Final Policy Statement on Medical Use of EC–10186. A communication from the Di- law, the report of a rule entitled ‘‘Brucellosis Byproduct Material’’ (RIN3150–AF74) re- rector of the Regulations Policy and Man- in Cattle; State and Area Classifications; ceived on August 1, 2000; to the Committee agement Staff, Department of Health and Louisiana’’ (Docket no. 99–052–1) received on on Environment and Public Works. Human Services, transmitting, pursuant to July 31, 2000; to the Committee on Agri- EC–10207. A communication from the Small law, transmitting, pursuant to law, the re- culture, Nutrition, and Forestry. Business Advocacy Chair, Environmental port of a rule entitled ‘‘Secondary Direct EC–10198. A communication from the Small Protection Agency, transmitting, pursuant Food Additives permitted in Food for Human Business Advocacy Chair, Environmental to law, the report of two rules entitled Consumption; Correction’’ (Docket No. 00F– Protection Agency, transmitting, pursuant ‘‘Drinking Water State Revolving Funds’’ 0786) received on August 1, 2000; to the Com- to law, the report of four rules entitled (FRL6846–5) and ‘‘Identification of Approved mittee on Health, Education, Labor, and ‘‘Fenpropathrin; Extension of Tolerance for and Disapproved Elements of the Great Pensions. Emergency Exemptions’’ (FRL6597–9), Lakes Guidance Submissions From the EC–10187. A communication from the As- ‘‘Diflubenzuron; Pesticide Tolerance’’ States of Michigan, Ohio, Indiana, and Illi- sistant Secretary of State (Legislative Af- (FRL6596–3), ‘‘Cerfentrazone–ethyl; Pesticide nois, and Final Rule’’ (FRL6846–3) received fairs), transmitting, pursuant to law, the re- Tolerance’’ (FRL6597–7), and ‘‘Avermectin; on August 1, 2000; to the Committee on Envi- port of the transmittal of the certification of Extension of Tolerance for Emergency Ex- ronment and Public Works. the proposed issuance of an export license emptions’’ (FRL6598–8) received on August 1, EC–10208. A communication from the Dep- relative to Egypt; to the Committee on For- 2000; to the Committee on Agriculture, Nu- uty Assistant Administrator for Fisheries, eign Relations. trition, and Forestry. Office of Protected Resources, Department of EC–10188. A communication from the As- EC–10199. A communication from the Commerce, transmitting, pursuant to law, sistant Secretary of State (Legislative Af- Under Secretary for Domestic Finance , De- the report of a rule entitled ‘‘Endangered fairs), transmitting, pursuant to law, the no- partment of the Treasury, transmitting, pur- and Threatened Species; Final Rule Gov- tification of intent to obligate funds for pur- suant to law, the report on the Resolution erning Take of 14 Threatened Salmon and poses of Nonproliferation and Disarmament Funding Corporation for calendar year 1999; Steelhead Evolutionarily Significant Units Fund activities; to the Committee on For- to the Committee on Banking, Housing, and (ESUs)’’ (RIN0648–AK94) received on August eign Relations. Urban Affairs. 1, 2000; to the Committee on Environment EC–10189. A communication from the Di- EC–10200. A communication from the Dep- and Public Works. rector of the Office of Personnel Manage- uty Secretary of the Division of Investment EC–10209. A communication from the Di- ment, transmitting, pursuant to law, a re- Management, Securities and Exchange Com- rector of the Office of Management and port relative to the physicians comparability mission, transmitting, pursuant to law, the Budget, Executive Office of the President, allowance (PCA) program; to the Committee report of a rule entitled ‘‘Exemption From transmitting, pursuant to law, the pay-as- on Governmental Affairs. Section 101(c)(1) of the Electronic Signatures you-go reports dated August 4, 2000 and re- EC–10190. A communication from the in Global and National Commerce Act for ceived on August 8, 2000; to the Committee Chairman of the Council of the District of Registered Investment Companies’’ on the Budget. Columbia, transmitting, pursuant to law, (RIN3235–AH93) received on July 27, 2000; to EC–10210. A communication from the As- copies of D.C. Act 13–375 entitled ‘‘Fiscal the Committee on Banking, Housing, and sistant Secretary of the Occupational Safety Year 2001 Budget Support Act of 2000’’ adopt- Urban Affairs. and Health Administration, transmitting, ed by the Council on June 6, 2000; to the EC–10201. A communication from the Board pursuant to law, the report of a rule entitled Committee on Governmental Affairs. of Governors, Federal Reserve System, ‘‘Nationally Recognized Testing Labora- EC–10191. A communication from the Exec- transmitting, pursuant to law, the report tories—Fees; Public Comment Period on utive Director of the Committee for Pur- relative to observed trends in the cost and Recognition Notices’’ (RIN1218–AB57) re- chase From People Who Are Blind or Se- availability of retail banking services; to the ceived on August 7, 2000; to the Committee verely Disabled, transmitting, pursuant to Committee on Banking, Housing, and Urban on Health, Education, Labor, and Pensions. law, the report of additions to the procure- Affairs. EC–10211. A communication from the Di- ment list received on August 1, 2000; to the EC–10202. A communication from the Presi- rector of the Regulations Policy and Man- Committee on Governmental Affairs. dent of the United States, transmitting, pur- agement Staff, Food and Drug Administra- EC–10192. A communication from the Di- suant to law, the six month periodic report tion, Department of Health and Human Serv- rector of the Office of Government Ethics, on the national emergency with respect to ices, transmitting, pursuant to law, the re- Office of General Counsel and Legal Policy, Iraq; to the Committee on Banking, Housing, port of a rule entitled ‘‘Listing of Color Ad- transmitting, pursuant to law, the report of and Urban Affairs. ditives for Coloring Sutures; D&C Violet No.

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8007 2’’ (Docket No. 99C–1455) received on August received on August 4, 2000; to the Committee ‘‘Fisheries of the Northeastern United 7, 2000; to the Committee on Health, Edu- on Commerce, Science, and Transportation. States; Scup Fishery; Commercial Quota cation, Labor, and Pensions. EC–10224. A communication from the Chief Harvested for Summer Period’’ received on EC–10212. A communication from the Di- of the Office of Regulations and Administra- August 7, 2000; to the Committee on Com- rector of the Regulations Policy and Man- tive Law, Coast Guard, Department of Trans- merce , Science, and Transportation. agement Staff, Food and Drug Administra- portation, transmitting, pursuant to law, the EC–10233. A communication from the Act- tion, Department of Health and Human Serv- report of a rule entitled ‘‘Safety/Security ing Director of the Office of Sustainable ices, transmitting, pursuant to law, the re- Zone Regulations; Manchester Fourth of Fisheries, Domestic Fisheries Division, De- port of a rule entitled ‘‘Cold, Cough, Allergy, July Fireworks, Manchester, Massachusetts partment of Commerce, transmitting, pursu- Bronchodilator, and Antiasthmatic Drug (CGD01–00–157)’’ (RIN2115–AA97 (2000–0047)) ant to law, the report of a rule entitled Products for Over-the-Counter Human Use; received on August 4, 2000; to the Committee ‘‘Fisheries of the Exclusive Economic Zone Amendment of Final Monograph for OTC on Commerce, Science, and Transportation. Off Alaska; Pollock for Processing by the Antitussive Drug Products’’ (RIN0910–AA01) EC–10225. A communication from the Chief Inshore Component in the Bering Sea Sub- received on August 8, 2000; to the Committee of the Office of Regulations and Administra- area’’ received on August 7, 2000; to the Com- on Health, Education, Labor, and Pensions. tive Law, Coast Guard, Department of Trans- mittee on Commerce, Science, and Transpor- EC–10213. A communication from the Sec- portation, transmitting, pursuant to law, the tation. retary of Defense, transmitting, a notice rel- report of a rule entitled ‘‘Safety/Security EC–10234. A communication from the Chief ative to a retirement of a Superintendent of Zone Regulations; Seafair Blue Angels Per- of the Office of Regulations and Administra- the Air Force Academy; to the Committee on formance, Lake Washington, WA (CGD13–00– tive Law, Coast Guard, Department of Trans- Armed Services. 022)’’ (RIN2115–AA97 (2000–0048)) received on portation, transmitting, pursuant to law, the EC–10214. A communication from the Sec- August 4, 2000; to the Committee on Com- report of a rule entitled ‘‘Safety/Security retary of Defense, transmitting, a notice rel- merce, Science, and Transportation. Zone Regulations; Port Graham, Cook Inlet, ative to a retirement of a Chief of Engineers/ EC–10226. A communication from the Chief Alaska (COTP Western Alaska 00–002)’’ Commanding General; to the Committee on of the Office of Regulations and Administra- (RIN2115–AA97 (2000–0054)) received on Au- Armed Services. tive Law, Coast Guard, Department of Trans- gust 7, 2000; to the Committee on Commerce, EC–10215. A communication from the Chief portation, transmitting, pursuant to law, the Science, and Transportation. of the Programs and Legislation Division, report of a rule entitled ‘‘Safety/Security EC–10235. A communication from the Chief Office of the Legislative Liaison, Depart- Zone Regulations; United States Army of the Office of Regulations and Administra- ment of the Air Force, transmitting, a report Bridge Exercise across the Arkansas River’’ tive Law, Coast Guard, Department of Trans- relative to cost comparison at Willow Grove (RIN2115–AA97 (2000–0049)) received on Au- portation, transmitting, pursuant to law, the Air Reserve Station; to the Committee on gust 4, 2000; to the Committee on Commerce, report of a rule entitled ‘‘Safety/Security Armed Services. Science, and Transportation. Zone Regulations; Presidential Visit, Hudson EC–10216. A communication from the Al- EC–10227. A communication from the Chief River New York (CGD01–00–152)’’ (RIN2115– ternate Federal Register Liaison Officer, Of- of the Office of Regulations and Administra- AA97 (2000–0057)) received on August 7, 2000; fice of the Secretary, Department of Defense, tive Law, Coast Guard, Department of Trans- to the Committee on Commerce, Science, transmitting, pursuant to law, the report of portation, transmitting, pursuant to law, the and Transportation. a rule entitled ‘‘Enhancement of Dental Ben- report of a rule entitled ‘‘Safety/Security EC–10236. A communication from the Chief efits under the TRICARE Retiree Dental Zone Regulations; USS JOHN F. KENNEDY, of the Office of Regulations and Administra- Program (TRDP)’’ received on August 8, 2000; Boston Harbor, Boston, Massachusetts tive Law, Coast Guard, Department of Trans- to the Committee on Armed Services. (CGD01–00–130)’’ (RIN2115–AA97 (2000–0050)) portation, transmitting, pursuant to law, the EC–10217. A communication from the received on August 4, 2000; to the Committee report of a rule entitled ‘‘Safety/Security Comptroller General, transmitting, pursuant on Commerce, Science, and Transportation. Zone Regulations; Hudson Valley Triathlon, to law, the June 2000 report; to the Com- EC–10228. A communication from the Chief Hudson River, Ulster Landing, NY (CGD01– mittee on Governmental Affairs. of the Office of Regulations and Administra- 00–160)’’ (RIN2115–AA97 (2000–0058)) received EC–10218. A communication from the Dis- tive Law, Coast Guard, Department of Trans- on August 7, 2000; to the Committee on Com- trict of Columbia Auditor, transmitting, pur- portation, transmitting, pursuant to law, the merce, Science, and Transportation. suant to law, the report entitled ‘‘Current report of a rule entitled ‘‘Safety/Security EC–10237. A communication from the Chief Status of the Contract for the District’s Con- Zone Regulations; Gastineau Channel, Ju- of the Office of Regulations and Administra- solidated Real Property Inventory System’’; neau, AK (COTP Southeast Alaska 00–005)’’ tive Law, Coast Guard, Department of Trans- to the Committee on Governmental Affairs. (RIN2115–AA97 (2000–0051)) received on Au- portation, transmitting, pursuant to law, the EC–10219. A communication from the Di- gust 4, 2000; to the Committee on Commerce, report of a rule entitled ‘‘Safety/Security rector of Employee Benefits, AgriBank, Science, and Transportation. Zone Regulations; Groton Long Point Yacht transmitting, pursuant to law, the report EC–10229. A communication from the Chief Club Fireworks Display, Main Beach, Groton relative to the Seventh Farm Credit District; of the Office of Regulations and Administra- Long Point, CT(CGD01–00–142)’’ (RIN2115– to the Committee on Governmental Affairs. tive Law, Coast Guard, Department of Trans- AA97 (2000–0059)) received on August 7, 2000; EC–10220. A communication from the Di- portation, transmitting, pursuant to law, the to the Committee on Commerce, Science, rector of the Workforce Compensation and report of a rule entitled ‘‘Safety/Security and Transportation. Performance Service, Office of Personnel Zone Regulations; New York Harbor, West- EC–10238. A communication from the Chief Management, transmitting, pursuant to law, ern Long Island Sound, East and Hudson Riv- of the Office of Regulations and Administra- the report of a rule entitled ‘‘Prevailing Rate ers Fireworks (CGD01–00–004)’’ (RIN2115–AA97 tive Law, Coast Guard, Department of Trans- System; Miscellaneous Changes to Certain (2000–0052)) received on August 4, 2000; to the portation, transmitting, pursuant to law, the Federal Wage System Wage Areas’’ (RIN3206– Committee on Commerce, Science, and report of a rule entitled ‘‘Safety/Security AJ21) received on August 8, 2000; to the Com- Transportation. Zone Regulations; San Juan Harbor, Puerto mittee on Governmental Affairs. EC–10230. A communication from the Pro- Rico (COTP San Juan 00–065)’’ (RIN2115–AA97 EC–10221. A communication from the Di- gram Analyst of the Federal Aviation Ad- (2000–0060)) received on August 7, 2000; to the rector of the Workforce Compensation and ministration, Department of Transportation, Committee on Commerce, Science, and Performance Service, Office of Personnel transmitting, pursuant to law, the report of Transportation. Management, transmitting, pursuant to law, a rule entitled ‘‘Airworthiness Directives: EC–10239. A communication from the Chief the report of a rule entitled ‘‘Pay Adminis- Air Tractor, Inc. Models AT–501, AT–502, and of the Office of Regulations and Administra- tration; Back Pay; Holidays; and Physicians’ AT–5–2A Airplanes—docket no. 2000–CE–40 [7– tive Law, Coast Guard, Department of Trans- Comparability Allowances’’ (RIN3206–AI76) 31/8–3]’’ (RIN2120–AA64(2000–0397)) received on portation, transmitting, pursuant to law, the received on August 8, 2000; to the Committee August 4, 2000; to the Committee on Com- report of a rule entitled ‘‘Safety/Security on Governmental Affairs. merce, Science, and Transportation. Zone Regulations; Mashantucket Pequot EC–10222. A communication from the Di- EC–10231. A communication from the Pro- Fireworks Display, Thames River, New Lon- rector of the Office of Management and gram Analyst of the Federal Aviation Ad- don, CT (CGD01–00–012)’’ (RIN2115–AA97 (2000– Budget, Executive Office of the President, ministration, Department of Transportation, 0061)) received on August 7, 2000; to the Com- transmitting, pursuant to law, the report en- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- titled ‘‘Statistical Programs of the United a rule entitled ‘‘Airworthiness Directives: tation. States Government: Fiscal Year 2001’’; to the McDonnell Douglas Model MD–11 Series Air- EC–10240. A communication from the Chief Committee on Governmental Affairs. planes; docket no. 2000–NM–30 [7–27/8–3]’’ of the Office of Regulations and Administra- EC–10223. A communication from the Chief (RIN2120–AA64(2000–0398)) received on August tive Law, Coast Guard, Department of Trans- of the Office of Regulations and Administra- 4, 2000; to the Committee on Commerce, portation, transmitting, pursuant to law, the tive Law, Coast Guard, Department of Trans- Science, and Transportation. report of a rule entitled ‘‘Safety/Security portation, transmitting, pursuant to law, the EC–10232. A communication from the Act- Zone Regulations; Iron Spring Farm Fire- report of a rule entitled ‘‘Regatta Regula- ing Director of the Office of Sustainable works Display (CGD01–00–140)’’ (RIN2115– tions; SLR; Harbour Town Fireworks Dis- Fisheries, Domestic Fisheries Division, De- AA97 (2000–0062)) received on August 7, 2000; play, Calibogue Sound, Hilton Head, SC partment of Commerce, transmitting, pursu- to the Committee on Commerce, Science, (CGD07–00–062)’’ (RIN2115–AE46 (2000–0006)) ant to law, the report of a rule entitled and Transportation.

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 S8008 CONGRESSIONAL RECORD — SENATE September 5, 2000 EC–10241. A communication from the Chief mitting, pursuant to law, the report of a rule EC–10261. A communication from the Small of the Office of Regulations and Administra- entitled ‘‘Notice 2000–22 Penalty Relief for Business Advocacy Chair, Environmental tive Law, Coast Guard, Department of Trans- Information Reporting on Certain Dis- Protection Agency, transmitting, pursuant portation, transmitting, pursuant to law, the charges of Indebtedness’’ (Notice 2000–22) re- to law, the report of a rule entitled ‘‘Amend- report of a rule entitled ‘‘Safety/Security ceived on July 28, 2000; to the Committee on ment to Standards of Performance for New Zone Regulations; Staten Island Fireworks, Finance. Stationary Sources; Monitoring Require- Arthur Kill (CGD01–00–015)’’ (RIN2115–AA97 EC–10251. A communication from the Dep- ments (PS–1)’’ (FRL6846–6) received on Au- (2000–0063)) received on August 7, 2000; to the uty Secretary to the Department of Health gust 3, 2000; to the Committee on Environ- Committee on Commerce, Science, and and Human Services, transmitting, pursuant ment and Public Works. Transportation. to law, the report of a rule entitled ‘‘Pro- EC–10262. A communication from the Chief EC–10242. A communication from the Chief spective Payment System and Consolidated of the Terrorism and Violent Crime Section, of the Office of Regulations and Administra- Billing for Skilled Nursing Facilities—Medi- Department of Justice and Environmental tive Law, Coast Guard, Department of Trans- care’’ (RIN0938–AJ593) received on August 7 , Protection Agency, transmitting, pursuant portation, transmitting, pursuant to law, the 2000; to the Committee on Finance. to law, the report of a rule entitled ‘‘Acci- report of a rule entitled ‘‘Safety/Security EC–10252. A communication from the Dep- dental Release Prevention Requirements; Zone Regulations; Presidential Visit, Mar- uty Secretary to the Department of Health Risk Management Programs Under the Clean tha’s Vineyard, MA (CGD01–00–190)’’ and Human Services, transmitting, pursuant Air Act Section 112(r)(7); Distribution of Off- (RIN2115–AA97 (2000–0064)) received on Au- to law, the report of a rule entitled ‘‘Medi- Site Consequence Analysis Information’’ gust 7, 2000; to the Committee on Commerce, care Program; Changes to the Hospital Inpa- (RIN1105–AA70) received on August 4, 2000; to Science, and Transportation. tient Prospective Payment Systems and Fis- the Committee on Environment and Public EC–10243. A communication from the Chief cal Year 2001 Rates (HCFA–1118–F)’’ Works. of the Office of Regulations and Administra- (RIN0938–AK09) received on August 7, 2000; to EC–10263. A communication from the Chief tive Law, Coast Guard, Department of Trans- the Committee on Finance. of the Terrorism and Violent Crime Section, portation, transmitting, pursuant to law, the EC–10253. A communication from the Dep- Department of Justice and Environmental report of a rule entitled ‘‘Safety/Security uty Secretary to the Department of Health Protection Agency, transmitting, pursuant Zone Regulations; Fireworks Display, Peeks- and Human Services, transmitting, pursuant to law, the report of two rules entitled ‘‘Con- kill Bay, NY (CGD01–00–184)’’ (RIN2115–AA97 to law, the report of a rule entitled ‘‘Medi- trol of Emissions of Air Pollution from 2004 (2000–0065)) received on August 7, 2000; to the care Program: Provisions of the Balanced and Later Model Year Heavy Duty Highway Budget Refinement Act of 1999; Hospital In- Committee on Commerce, Science, and Engines and Vehicles; Revision of Light- patient Payments and Rates and Costs of Transportation. Duty On-Board Diagnostics Requirements’’ Graduate Medical Education (HCFA–1131–F)’’ EC–10244. A communication from the Chief (FRL6846–4) and ‘‘Federal Plan Requirements (RIN0938–AK20) received on August 7, 2000; to of the Office of Regulations and Administra- for Hospital/Medical Infectious Waste Incin- tive Law, Coast Guard, Department of Trans- the Committee on Finance. EC–10254. A communication from the Chief erators Constructed on or Before June 20, portation, transmitting, pursuant to law, the of the Regulations Unit, Internal Revenue 1996’’ (FRL6848–9) received on August 8, 2000; report of a rule entitled ‘‘Safety/Security Service, Department of the Treasury, trans- to the Committee on Environment and Pub- Zone Regulations; Dignitary Arrival/Depar- mitting, pursuant to law, the report of a rule lic Works. ture and United Nations Meetings, New EC–10264. A communication from the Act- entitled ‘‘Rev. Rul. 2000–39 BLS–LIFO De- York, NY (CGD01–00–146)’’ (RIN2115–AA97 partment Store Indexes—June 2000’’ (Rev. ing Assistant Secretary for Fish and Wildlife (2000–0066)) received on August 7, 2000; to the Rul. 2000–39) received on August 7, 2000; to and Parks, Office of Migratory Bird Manage- Committee on Commerce, Science, and the Committee on Finance. ment, Department of the Interior, transmit- Transportation. EC–10255. A communication from the Chief ting, pursuant to law, the report of a rule en- EC–10245. A communication from the Chief of the Regulations Unit, Internal Revenue titled ‘‘Migratory Bird Permits; Determina- of the Office of Regulations and Administra- Service, Department of the Treasury, trans- tion That the State Of Delaware Meets Fed- tive Law, Coast Guard, Department of Trans- mitting, pursuant to law, the report of a rule eral Falconry Standards and Amended List portation, transmitting, pursuant to law, the entitled ‘‘Revenue Procedure 2000–35’’ (RP– of States Meeting Federal Falconry Stand- report of a rule entitled ‘‘Safety/Security 117369–97) received on August 8, 2000; to the ards’’ (RIN1018–AF93) received on August 9, Zone Regulations; OPSAIL MAINE 2000, Committee on Finance. 2000; to the Committee on Environment and Portland, ME (CGD01–99–194)’’ (RIN2115–AA97 EC–10256. A communication from the Dep- Public Works. (2000–0067)) received on August 7, 2000; to the uty Executive Secretary to the Department, EC–10265. A communication from the Committee on Commerce, Science, and Center for Health Plans and Providers, Chairman and President of the Export-Im- Transportation. Health Care Financing Administration, port Bank, transmitting, pursuant to law, a EC–10246. A communication from the Chief transmitting, pursuant to law, the report of report with respect to exports to Turkey; to of the Office of Regulations and Administra- a rule entitled ‘‘Prospective Payment Sys- the Committee on Banking, Housing, and tive Law, Coast Guard, Department of Trans- tem for Hospital Outpatient Services: Revi- Urban Affairs. portation, transmitting, pursuant to law, the sions to Criteria to Define New or Innovative EC–10266. A communication from the report of a rule entitled ‘‘Special Anchorage Medical Devices, Eligible for Pass–Through Chairman and President of the Export–Im- Areas/Anchorage Grounds Regulations; Payments and Corrections to Criteria for the port Bank, transmitting, pursuant to law, a OPSAIL 2000, Port of New London, CT Grandfather Provision for Certain Federally report with respect to exports to Venezuela; (CGD01–99–203)’’ (RIN2115–AA98 (2000–0006)) Qualified Health Center (RIN0939–AI56) re- to the Committee on Banking, Housing, and received on August 7, 2000; to the Committee ceived on August 1, 2000; to the Committee Urban Affairs. on Commerce, Science, and Transportation. on Finance. EC–10267. A communication from the Presi- EC–10247. A communication from the Spe- EC–10257. A communication from the Chief dent of the United States, transmitting, pur- cial Assistant to the Bureau Chief, Mass of the Regulations Unit, Internal Revenue suant to law, a notice of the extension of the Media Bureau, Federal Communications Service, Department of the Treasury, trans- national emergency declared in Executive Commission, transmitting, pursuant to law, mitting, pursuant to law, the report of a rule Order 12924; to the Committee on Banking, the report of a rule entitled ‘‘Amendment of entitled ‘‘Comprehensive Case Resolution Housing, and Urban Affairs. Section 73 .202(b), Table of Allotments, DTV Pilot Notice’’ (Notice 2000–43, 2000–35 I.R.B.) EC–10268. A communication from the Dep- Broadcast Stations (Albany, GA)’’ (MM received on August 9, 2000; to the Committee uty Legal Counsel for the Community Devel- Docket No. 99–319, RM–9756) received on Au- on Finance. opment Financial Institutions Fund, Depart- gust 9, 2000; to the Committee on Commerce, EC–10258. A communication from the Chief ment of the Treasury, transmitting, pursu- Science, and Transportation. of the Regulations Unit, Internal Revenue ant to law, the report of a rule entitled EC–10248. A communication from the chair- Service, Department of the Treasury, trans- ‘‘Community Development Financial Insti- man of the Federal Communications Com- mitting, pursuant to law, the report of a rule tutions Program’’ (RIN1505–AA71) received mission, transmitting, pursuant to law, the entitled ‘‘Coordinated Issue: Life Insurance on August 9, 2000; to the Committee on report relative to market entry barriers in Industry—Loss Utilization in Life-NonLife Banking, Housing, and Urban Affairs. the telecommunications industry; to the Consolidated Return—Separate v. Single En- EC–10269. A communication from the Dep- Committee on Commerce, Science, and tity Approach’’ (UIL1503.05–00) received on uty Secretary of the Division of Corporate Transportation. August 9, 2000 to the Committee on Finance. Finance, Securities and Exchange Commis- EC–10249. A communication from the Chief EC–10259. A communication from the Sec- sion, transmitting, pursuant to law, the re- of the Regulations Unit, Internal Revenue retary of Health and Human Services, trans- port of a rule entitled ‘‘Financial State- Service, Department of the Treasury, trans- mitting, pursuant to law, the ‘‘Child Welfare ments and Periodic Reports for Related mitting, pursuant to law, the report of a rule Outcomes 1998: Annual Report’’; to the Com- Issuers and Guarantors’’ (RIN3235–AH52) re- entitled ‘‘TD: Definition of Grantor’’ mittee on Finance. ceived on August 9, 2000; to the Committee (RIN15450–AX25 TD8890) received on July 28, EC–10260. A communication from the Small on Banking, Housing, and Urban Affairs. 2000; to the Committee on Finance. Business Advocacy Chair, Environmental EC–10270. A communication from the Gen- EC–10250. A communication from the Chief Protection Agency, transmitting, the report eral Counsel, Immigration and Naturaliza- of the Regulations Unit, Internal Revenue of 2 items; to the Committee on Environ- tion Service, Department of Justice, trans- Service, Department of the Treasury, trans- ment and Public Works. mitting, pursuant to law, the report of a rule

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8009 entitled ‘‘Professional Conduct for Practi- Protection Agency, transmitting, pursuant Fisheries, National Marine Fisheries Serv- tioners—Rules and Procedures’’ (RIN1125– to law, the report of three rules entitled ice, Department of Commerce, transmitting, AA13) received on August 7, 2000; to the Com- ‘‘Imidacloprid; Extension of Tolerances for pursuant to law, the report of a rule entitled mittee on the Judiciary. Emergency Exemptions’’ (FRL6736–8), ‘‘Atlantic Highly Migratory Species Fish- EC–10271. A communication from the ‘‘Pymetrozine; Pesticide Tolerance’’ eries; Atlantic Bluefin Tuna; Harpoon Cat- Under Secretary of Commerce for Intellec- (FRL6599–2), and ‘‘Sodium Chlorate; Exten- egory Closure’’ (I.D. 061500D) received on Au- tual Property, Patent and Trademark Office, sion of Exemption from Tolerance for Emer- gust 11, 2000; to the Committee on Com- transmitting, pursuant to law, the report of gency Exemption’’ (FRL6599–3) received on merce, Science, and Transportation. a rule entitled ‘‘Revision of Patent Fees for August 4, 2000; to the Committee on Agri- EC–10292. A communication from the Act- Fiscal Year 2001’’ (RIN0651–AB01) received on culture, Nutrition, and Forestry. ing Director of the Office of Sustainable August 7, 2000; to the Committee on the Ju- EC–10283. A communication from the Asso- Fisheries, National Marine Fisheries Serv- diciary. ciate Administrator of the Fruits and Vege- ice, Department of Commerce, transmitting, EC–10272. A communication from the Chair tables—Research and Promotion Branch, Ag- pursuant to law, the report of a rule entitled of the Sentencing Commission, transmitting, ricultural Marketing Service, Department of ‘‘Fisheries of the Exclusive Economic Zone pursuant to law, the annual report for fiscal Agriculture, transmitting, pursuant to law, Off Alaska; Arrowtooth Flounder in the year 1999; to the Committee on the Judici- the report of a rule entitled ‘‘Honey Pro- Western Regulatory Area of the Gulf of Alas- ary. motion, Research and Information Order; ka’’ received on August 11, 2000; to the Com- EC–10273. A communication from the Act- Referendum Procedures’’ (Docket Number: mittee on Commerce, Science, and Transpor- ing General Counsel, Office of Government FV–00–702–2 FR) received on August 7, 2000; tation. Contracting, Small Business Administration, to the Committee on Agriculture, Nutrition, EC–10293. A communication from the Act- transmitting, pursuant to law, the report of and Forestry. ing Director of the Office of Sustainable a rule entitled ‘‘Government Contracting EC–10284. A communication from the Asso- Fisheries, National Marine Fisheries Serv- Programs; Contract Bundling Procurement ciate Administrator of the Agricultural Mar- ice, Department of Commerce, transmitting, Strategy’’ (RIN3245–AE04) received on Au- keting Service, Department of Agriculture, pursuant to law, the report of a rule entitled gust 7, 2000; to the Committee on Small Busi- transmitting, pursuant to law, the report of ‘‘Fisheries of the Exclusive Economic Zone ness. a rule entitled ‘‘Nectarines and Peaches Off Alaska; Pacific Cod in the Western Regu- EC–10274. A communication from the Asso- Grown in California; Revision of Handling latory Area of the Gulf of Alaska’’ received ciate Deputy Administrator for Government Requirements for Fresh Nectarines and on August 11, 2000; to the Committee on Contracting and Minority Enterprise Devel- Peaches’’ (Docket Number: FV00–916–1 FIR) Commerce, Science, and Transportation. opment, Small Business Administration, received on August 9, 2000; to the Committee EC–10294. A communication from the Act- transmitting, pursuant to law, a report rel- on Agriculture, Nutrition, and Forestry. ing Director of the Office of Sustainable ative to minority small business and capital EC–10285. A communication from the Di- Fisheries, National Marine Fisheries Serv- ownership development for fiscal year 1999; rector of the Regulations Policy and Man- ice, Department of Commerce, transmitting, to the Committee on Small Business. agement Staff, Department of Health and pursuant to law, the report of a rule entitled EC–10275. A communication from the As- Human Services, transmitting, pursuant to ‘‘Fisheries of the Northeastern United sistant Secretary, Land and Mineral Man- law, the report of a rule entitled ‘‘Medical States; Spiny Dogfish Fishery; Commercial agement, Engineering and Operations Divi- Device; Anesthesiology Devices; Classifica- Quota Harvested for Period 1’’ received on sion, Department of the Interior, transmit- tion of Devices to Relieve Upper Airway Ob- August 11, 2000; to the Committee on Com- ting, pursuant to law, the report of a rule en- struction; Correction’’ (Docket No. 00P–1117) merce, Science, and Transportation. titled ‘‘Training of Lessee and Contractor received on August 11, 2000; to the Com- EC–10295. A communication from the Act- Employees Engaged in Oil and Gas and Sul- mittee on Health, Education, Labor, and ing Director of the Office of Sustainable phur Operations in the Outer Continental Pensions. Fisheries, National Marine Fisheries Serv- Shelf (OCS)’’ (RIN1010–AC41) received on Au- EC–10286. A communication from the Gen- ice, Department of Commerce, transmitting, gust 7, 2000; to the Committee on Energy and eral Counsel of the National Credit Union pursuant to law, the report of a rule entitled Natural Resources. Administration, transmitting, pursuant to ‘‘Fisheries of the Northeastern United EC–10276. A communication from the Gen- law, the report of a rule entitled ‘‘Loan In- States; Summer Flounder Fishery; Commer- eral Counsel, Federal Energy Regulatory terest Rates, 12 CFR Section cial Quota Harvested for Connecticut’’ re- Commission, transiting, pursuant to law, the 701.21(c)(7)(ii)(C)’’ received on August 11, 2000; ceived on August 11, 2000; to the Committee report of a rule entitled ‘‘Depreciation Ac- to the Committee on Banking, Housing, and on Commerce, Science, and Transportation. counting, Docket No. RM99–7–000’’ (RIN1902– Urban Affairs. EC–10296. A communication from the Act- AB85) received on August 8, 2000; to the Com- EC–10287. A communication from the Pro- ing Director of the Office of Sustainable mittee on Energy and Natural Resources. gram Analyst of the Federal Aviation Ad- Fisheries, National Marine Fisheries Serv- EC–10277. A communication from the As- ministration, Department of Transportation, ice, Department of Commerce, transmitting, sistant Secretary for Legislative Affairs, De- transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled partment of State, transmitting, pursuant to a rule entitled ‘‘Airworthiness Directives: ‘‘Fisheries off West Coast States and in the law, a report concerning the final rule enti- Air Tractor, Inc. Models AT–501, AT–502, and Western Pacific; Pacific Coast Groundfish tled ‘‘Schedule of Fees for Consular Services, AT–502A; docket no. 2000–CE–40 [7–31/8–10]’’ Fishery; Trip Limit Adjustments’’ received Department of State and Overseas Embassies (RIN 2120–AA64 (2000–0399)) received on Au- on August 11, 2000; to the Committee on and Consulates’’; to the Committee on For- gust 10, 2000; to the Committee on Com- Commerce, Science, and Transportation. eign Relations. merce, Science, and Transportation. EC–10297. A communication from the As- EC–10278. A communication from the As- EC–10288. A communication from the Pro- sistant Administrator for Fisheries, National sistant Secretary of Legislative Affairs, De- gram Analyst of the Federal Aviation Ad- Marine Fisheries Service, Department of partment of State, transmitting, a report ministration, Department of Transportation, Commerce, transmitting, pursuant to law, concerning compliance by the Government transmitting, pursuant to law, the report of the report of a rule entitled ‘‘Fisheries of the of Cuba; to the Committee on Foreign Rela- a rule entitled ‘‘Revision of Class E Airspace, Northeastern United States; Fisheries of the tions. North Bend, OR; docket no. 99–ANM–12 [7–25/ Northeastern United States; Summer Floun- EC–10279. A communication from the Chief 8–10]’’ (RIN 2120–AA66 (2000–0181)) received on der, Scup, and Black Sea Bass Fisheries; Counsel, Department of Justice, transmit- August 10, 2000; to the Committee on Com- Emergency for the Summer Flounder Fish- ting, the Foreign Claims Settlement Com- merce, Science, and Transportation. ery’’ (RIN0648–AO32) received on August 11, mission’s annual report for calendar year EC–10289. A communication from the ACC 2000; to the Committee on Commerce, 1999; to the Committee on Foreign Relations. for General Law, the National Highway Traf- Science, and Transportation. EC–10280. A communication from the As- fic Safety Administration, Department of EC–10298. A communication from the Asso- sistant Legal Adviser for Treaty Affairs, De- Transportation, transmitting, pursuant to ciate Administrator for Procurement, Na- partment of State, transmitting, pursuant to law, the report of a rule entitled ‘‘State tional Aeronautics and Space Administra- law, the report of the texts of international Highway Safety Data And Traffic Records tion, transmitting, pursuant to law, the re- agreements, other than treaties, and back- Improvements’’ (RIN2127–AH43) received on port of an interim rule entitled ‘‘Cost Ac- ground statements; to the Committee on August 10, 2000; to the Committee on Com- counting Standard Waivers’’ received August Foreign Relations. merce, Science, and Transportation. 11, 2000; to the Committee on Commerce, EC–10281. A communication from the Asso- EC–10290. A communication from the At- Science, and Transportation. ciate Administrator of the Agricultural Mar- torney of the Research and Special Programs EC–10299. A communication from the Small keting Service, Department of Agriculture, Administration, Department of Transpor- Business Chair of the Environmental Protec- transmitting, pursuant to law, the report of tation, transmitting, pursuant to law, the re- tion Agency, transmitting, a notice related a rule entitled ‘‘Hazelnuts Grown in Oregon port of a rule entitled ‘‘Hazardous Materials: to regulatory programs; to the Committee and Washington; Increases Assessment Miscellaneous Amendments’’ (RIN2137–AD16) on Environment and Public Works. Rate’’ (Docket Number: FV00–982–2 FR) re- received on August 10, 2000; to the Com- EC–10300. A communication from the Small ceived on August 2, 2000; to the Committee mittee on Commerce, Science, and Transpor- Business Advocacy Chair of the Environ- on Agriculture, Nutrition, and Forestry. tation. mental Protection Agency, transmitting, EC–10282. A communication from the Small EC–10291. A communication from the Act- pursuant to law, the report of three rules en- Business Advocacy Chair, Environmental ing Director of the Office of Sustainable titled ‘‘Approval and Promulgation of Air

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 S8010 CONGRESSIONAL RECORD — SENATE September 5, 2000 Quality Implementation Plans; Common- keting Service, Department of Agriculture, of Defense, transmitting, pursuant to law, wealth of Pennsylvania; Approval of Revi- transmitting, pursuant to law, the report of the report of a rule entitled ‘‘Construction sions to Volatile Organic Compounds Regula- a rule entitled ‘‘Winter Pears Grown in Or- and Service Contracts in Noncontiguous tions [FRL#6847–3]’’, ‘‘Clean Air Act Full Ap- egon and Washington; Establishment of States’’ (DFARS Case 99–D308) received on proval of Operating Permit Program; Ap- Quality Requirements for the Beurre August 21, 2000; to the Committee on Armed proval of Expansion of State Program Under D’Anjou Variety of Pears’’ (Docket Number Services. Section 112 (1); State of Colorado [FRL#6851– FV00–927–1 FR) received on August 10, 2000; EC–10322. A communication from the Di- 3]’’, and ‘‘Fiscal Year 2001 Chesapeake Bay to the Committee on Agriculture, Nutrition, rector of Defense Procurement, Department Program Activity Grants, Request for Pro- and Forestry. of Defense, transmitting, pursuant to law, posals and Guidelines and Application Pack- EC–10311. A communication from the Asso- the report of a rule entitled ‘‘Contract Draw- age’’ received on August 10, 2000; to the Com- ciate Administrator of the Agricultural Mar- ings, Maps, and Specifications’’ (DFARS mittee on Environment and Public Works. keting Service, Department of Agriculture, Case 99–D025) received on August 21, 2000; to EC–10301. A communication from the transmitting, pursuant to law, the report of the Committee on Armed Services. Under Secretary of Commerce for Intellec- a rule entitled ‘‘Cranberries Grown in States EC–10323. A communication from the Di- tual Property and Director of the Patent and of Massachusetts, et al.; Increased Assess- rector of Defense Procurement, Department Trademark Office, transmitting, pursuant to ment Rate’’ (Docket Number FV00–929–4 of Defense, transmitting, pursuant to law, law, the report of a rule entitled ‘‘Request IFR) received on August 10, 2000; to the Com- the report of a rule entitled ‘‘Mentor-Pro- for Continued Examination Practice and mittee on Agriculture, Nutrition, and For- gram Improvements’’ (DFARS Case 99–D307) Changes to Provisional Application Prac- estry. received on August 21, 2000; to the Com- tice’’ (RIN0651–AB13) received on August 10, EC–10312. A communication from the Asso- mittee on Armed Services. 2000; to the Committee on the Judiciary. ciate Administrator of the Agricultural Mar- EC–10324. A communication from the Di- EC–10302. A communication from the Act- keting Service, Department of Agriculture, rector of Defense Procurement, Department ing Assistant Attorney General, Office of transmitting, pursuant to law, the report of of Defense, transmitting, pursuant to law, Justice Programs, Department of Justice, a rule entitled ‘‘Tart Cherries Grown in the the report of a rule entitled ‘‘Transportation transmitting, pursuant to law, the report of States of Michigan, New York, Pennsyl- Acquisition Policy’’ (DFARS Case 99–D009) a rule entitled ‘‘Environmental Impact Re- vania, Oregon, Utah, Washington, and Wis- received on August 21, 2000; to the Com- view Procedures for the VOI/TIS Grant Pro- consin; Decreased Assessment Rate’’ (Docket mittee on Armed Services. gram’’ (RIN1121–AA52) received on August 11, Number FV00–930–3 FR) received on August EC–10325. A communication from the Di- 2000; to the Committee on the Judiciary. 10, 2000; to the Committee on Agriculture, rector of Defense Procurement, Department EC–10303. A communication from the Act- Nutrition, and Forestry. of Defense, transmitting, pursuant to law, ing Director of the Office of Surface Mining, EC–10313. A communication from the Asso- the report of a rule entitled ‘‘North Amer- Department of the Interior, transmitting, ciate Administrator of the Agricultural Mar- ican Industry Classification System’’ pursuant to law, the report of a rule entitled keting Service, Department of Agriculture, (DFARS Case 2000–D015) received on August ‘‘West Virginia Regulatory Program’’ (WV– transmitting, pursuant to law, the report of 21, 2000; to the Committee on Armed Serv- 085–FOR) received on August 10, 2000; to the a rule entitled ‘‘Irish Potatoes Grown in Cer- ices. Committee on Energy and Natural Re- tain Designated Counties in Idaho, and EC–10326. A communication from the Di- sources. Malheur County, Oregon; Modification of rector of the Office of the Secretary of De- EC–10304. A communication from the As- Handling Regulations’’ (Docket Number fense (Administration and Management), sistant Secretary for Environmental Man- FV00–945–1 FIR) received on August 10, 2000; transmitting, pursuant to law, a report rel- agement, Department of Energy, transmit- to the Committee on Agriculture, Nutrition, ative to printing and duplicating services ting, pursuant to law, a notice relative to and Forestry. during fiscal year 1999; to the Committee on the intention to enter into a three-year ex- EC–10314. A communication from the Sec- Armed Services. tension contract DE–AC22–96EW96405; to the retary of Defense, transmitting, the report of EC–10327. A communication from the Committee on Energy and Natural Re- two retirements; to the Committee on Under Secretary of Defense (Acquisition and sources. Armed Services. Technology), transmitting, pursuant to law, EC–10305. A communication from the As- EC–10315. A communication from the a report relative to purchases from foreign sistant General Counsel for Regulatory Law, Under Secretary of Defense (Personnel and entities in fiscal year 1999; to the Committee Office of Safeguards and Security, Depart- Readiness), transmitting, pursuant to law, on Armed Services. ment of Energy, transmitting, pursuant to the Defense Manpower Requirements Report EC–10328. A communication from the Di- law, the report of a rule entitled ‘‘Protective for fiscal year 2001; to the Committee on rector of the Regulations Policy and Man- Force Program’’ (DOE O 473.2) received on Armed Services. agement Staff, Department of Health and August 11, 2000; to the Committee on Energy EC–10316. A communication from the Di- Human Services, transmitting, pursuant to and Natural Resources. rector of the Employment Service; Work- law, the report of a rule entitled ‘‘Food Addi- EC–10306. A communication from the As- force Restructuring Office, Office of Per- tives Permitted for Direct Addition to Food sistant General Counsel for Regulatory Law, sonnel Management, transmitting, pursuant for Human Consumption; Calcium Disodium Office of Safeguards and Security, Depart- to law, the report of a rule entitled ‘‘Career EDTA and Disodium EDTA’’ (Docket No. ment of Energy, transmitting, pursuant to Transition Assistance for Surplus and Dis- 00F–0119) received on August 21, 2000; to the law, the report of a rule entitled ‘‘Protective placed Federal Employees’’ (RIN3206–AI39) Committee on Health, Education, Labor, and Force Program Manual’’ (DOE M 473.2–2) re- received on August 11, 2000; to the Com- Pensions. ceived on August 11, 2000; to the Committee mittee on Governmental Affairs. EC–10329. A communication from the Di- on Energy and Natural Resources. EC–10317. A communication from the Exec- rector of the Regulations Policy and Man- EC–10307. A communication from the As- utive Director of the Committee for Pur- agement Staff, Department of Health and sistant General Counsel for Regulatory Law, chase from People Who Are Blind or Se- Human Services, transmitting, pursuant to Office of Environment Safety and Health, verely Disabled, transmitting, pursuant to law, the report of a rule entitled ‘‘Listing of Department of Energy, transmitting, pursu- law, the report of additions to the procure- Color Additives Exempt From Certification; ant to law, the report of a rule entitled ‘‘Fire ments list received on August 11, 2000; to the Luminescent Zinc Sulfide’’ (Docket No. 97C– Protection Design Criteria’’ (DOE–STD–1066– Committee on Governmental Affairs. 0415) received on August 21, 2000; to the Com- 99) received on August 11, 2000; to the Com- EC–10318. A communication from the At- mittee on Health, Education, Labor, and mittee on Energy and Natural Resources. torney General, transmitting, pursuant to Pensions. EC–10308. A communication from the As- law, the report of the Inspector General for EC–10330. A communication from the Di- sistant General Counsel for Regulatory Law, the period October 1, 1999 through March 31, rector of the Regulations Policy and Man- Office of Environment Safety and Health, 2000; to the Committee on Governmental Af- agement Staff, Department of Health and Department of Energy, transmitting, pursu- fairs. Human Services, transmitting, pursuant to ant to law, the report of a rule entitled ‘‘Ra- EC–10319. A communication from the Dis- law, the report of a rule entitled ‘‘Gastro- diological Control’’ (DOE–STD–1098–99) re- trict of Columbia Auditor, transmitting a re- enterology and Urology Devices; Reclassi- ceived on August 11, 2000; to the Committee port relative to the review of metropolitan fication of the Extracorporeal Shock Wave on Energy and Natural Resources. police department vehicles; to the Com- Lithotripter’’ (Docket No. 98N–1134) received EC–10309. A communication from the Ad- mittee on Governmental Affairs. on August 21, 2000; to the Committee on ministrator of the Farm Service Agency, De- EC–10320. A communication from the Di- Health, Education, Labor, and Pensions. partment of Agriculture, transmitting, pur- rector of the Defense Procurement, Depart- EC–10331. A communication from the Di- suant to law, the report of a rule entitled ment of Defense, transmitting, pursuant to rector of the Regulations Policy and Man- ‘‘Farm Loan Programs Servicing Policies— law, the report of a rule entitled ‘‘Special agement Staff, Department of Health and Servicing Shared Appreciation Agreements’’ Procedures for Negotiation of Construction Human Services, transmitting, pursuant to (RIN0560–AF78) received on August 10, 2000; Contracts’’ (DFARS Case 2000–D010) received law, the report of a rule entitled ‘‘Topical to the Committee on Agriculture, Nutrition, on August 21, 2000; to the Committee on Optic Drug Products for Over-the-Counter and Forestry. Armed Services. Human Use; Products for Drying Water- EC–10310. A communication from the Asso- EC–10321. A communication from the Di- Clogged Ears; Amendment of Monograph; ciate Administrator of the Agricultural Mar- rector of Defense Procurement, Department Lift of Partial Stay of Effective Date’’

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8011 (RIN0910–AA01) received on August 21, 2000; fice of Inspector General, Department of Carrier Bureau, Federal Communications to the Committee on Health, Education, Housing and Urban Development, transmit- Commission, transmitting, pursuant to law, Labor, and Pensions. ting, pursuant to law, the report of a rule en- the report of a rule entitled ‘‘Deployment of EC–10332. A communication from the Di- titled ‘‘Implementation of the Privacy Act of Wireline Services Offering Advanced Tele- rector of the Regulations Policy and Man- 1974’’ (RIN2508–AA11 (FR–4575–F–03)) received communications Capability, CC Docket No. agement Staff, Department of Health and on August 21, 2000; to the Committee on 98–147, Order on Reconsideration and Second Human Services, transmitting, pursuant to Banking, Housing, and Urban Affairs. Further Notice of Proposed Rulemaking, and law, the report of a rule entitled ‘‘New Ani- EC–10343. A communication from the Dep- Fifth Further Notice of Proposed Rule- mal Drug Applications; Sheep as a Minor uty Secretary of the Office of General Coun- making in CC Docket No. 96–98.’’ (FCC 00–297, Species’’ (Docket No. 99N–2151) received on sel, Securities and Exchange Commission, CC DOCS. 98–147, 96–98) received on August August 21, 2000; to the Committee on Health, transmitting, pursuant to law, the report of 21, 2000; to the Committee on Commerce, Education, Labor, and Pensions. a rule entitled ‘‘Regulation FD, Exchange Science, and Transportation. EC–10333. A communication from the As- Act Rules 10b5–1 and 10b5–2’’ (RIN3235–AH82) EC–10353. A communication from the Di- sistant Secretary for Civil Rights, Depart- received on August 15, 2000; to the Com- rector of the Minority Business Development ment of Education, transmitting, pursuant mittee on Banking, Housing, and Urban Af- Agency, Department of Commerce, transmit- to law, the Fiscal Year 1999 Annual Report; fairs. ting, pursuant to law, a notification relative to the Committee on Health, Education, EC–10344. A communication from the As- to the solicitation of applications (RIN0640– Labor, and Pensions. sistant to the Board, Board of Governors of ZA08) received on August 22, 2000; to the EC–10334. A communication form the Sec- the Federal Reserve System, transmitting, Committee on Commerce, Science, and retary of Health and Human Services, trans- pursuant to law, the report of a rule entitled Transportation. mitting, pursuant to law, a report relative to ‘‘Regulation T—Credit by Brokers and Deal- EC–10354. A communication from the Dep- the Comprehensive Community Mental ers’’ received on August 21, 2000; to the Com- uty Assistant Administrator, Estuarine Re- Health Services for Children and Their Fam- mittee on Banking, Housing, and Urban Af- serves Division, National Ocean Service, Na- ilies Program; to the Committee on Health, fairs. tional Oceanic and Atmospheric Administra- Education, Labor, and Pensions. EC–10345. A communication from the Di- tion, Department of Commerce, transmit- EC–10335. A communication from the Dep- rector of the Financial Crimes Enforcement ting, pursuant to law, the report of a rule en- uty Director of the Office of Enforcement Network, Department of the Treasury, trans- titled ‘‘Federal Register Notice/FY01 Na- Policy, Wage and Hour Division, Department mitting, pursuant to law, the report of a rule tional Estuarine Research Reserve Graduate of Labor, transmitting, pursuant to law, the entitled ‘‘Amendment to the Bank Secrecy Research Fellowship’’ (RIN0648–ZA89) re- report of a rule entitled ‘‘Attestations by Fa- Act Regulations—Exemptions from the Re- ceived on August 22, 2000; to the Committee cilities Temporarily Employing H–1C Non- quirement to Report Transactions in Cur- on Commerce, Science, and Transportation. immigrant Aliens as Registered Nurses’’ rency; Interim Rule’’ (RIN1506–AA23) re- EC–10355. A communication from the As- (RIN1205–AB27) received on August 22, 2000; ceived on August 16, 2000; to the Committee sistant Administrator for Satellite and In- to the Committee on Health, Education, formation Services, National Oceanic and on Banking, Housing, and Urban Affairs. Labor, and Pensions. EC–10346. A communication from the Atmospheric Administration, Department of EC–10336. A communication from the As- Commerce, transmitting, pursuant to law, sistant General Counsel for Regulations, Under Secretary for Export Administration, Department of Commerce, transmitting, pur- the report of a rule entitled ‘‘Office of Re- Special Education & Rehabilitative Services, search and Applications Ocean Remote Sens- Department of Education, transmitting, pur- suant to law, a report relative to the expan- sion of certain foreign policy-based export ing Program Notice of Financial Assistance’’ suant to law, the report of a rule entitled (RIN0648–ZA90) received on August 23, 2000; controls; to the Committee on Banking, ‘‘National Institute on Disability and Reha- to the Committee on Commerce, Science, bilitative Research’’ (RIN84.133G) received on Housing, and Urban Affairs. EC–10347. A communication from the As- and Transportation. August 24, 2000; to the Committee on Health, EC–10356. A communication from the Dep- sistant General Counsel for Regulations, Of- Education, Labor, and Pensions. uty Assistant Administrator for Fisheries, fice of the Assistant Secretary for Public and EC–10337. A communication from the Di- National Marine Fisheries Service, Depart- Indian Housing, Department of Housing and rector of the Corporate Policy and Research ment of Commerce, transmitting, pursuant Urban Development, transmitting, pursuant Department, Pension Benefit Guaranty Cor- to law, the report of a rule entitled ‘‘Final to law, the report of a rule entitled ‘‘Public poration, transmitting, pursuant to law, the Rule to Implement Framework Adjustment report of a rule entitled ‘‘Benefits Payable in Housing Agency (PHA) Plan: Streamlined 35 to the Northeast Multispecies Fishery Terminated Single-Employer Plans; Alloca- Plans’’ (RIN2577–AB89 (FR–4420–F–09)) re- Management Plan’’ (RIN0648–AO15) received tion of Assets in Single-Employer Plans; In- ceived on August 21, 2000; to the Committee on August 23, 2000; to the Committee on terest Assumptions for Valuing and Paying on Banking, Housing, and Urban Affairs. Commerce, Science, and Transportation. Benefits’’ received on August 23, 2000; to the EC–10348. A communication from the At- EC–10357. A communication from the Act- Committee on Health, Education, Labor, and torney of the Office of the Secretary of ing Director of the Office of Sustainable Pensions. Transportation, transmitting, pursuant to Fisheries, National Marine Fisheries Serv- EC–10338. A communication from the Sec- law, the report of a rule entitled ‘‘Relocation ice, Department of Commerce, transmitting, retary of Health and Human Services, trans- of Standard Time Zone Boundary in the pursuant to law, the report of a rule entitled mitting, pursuant to law, a notification rel- State of Kentucky’’ (RIN2105–AC80 (2000– ‘‘Fisheries of the Exclusive Economic Zone ative to emergency funds; to the Committee 0002)) received on August 15, 2000; to the Off Alaska—Opens Central Regulatory Area, on Health, Education, Labor, and Pensions. Committee on Commerce, Science, and Gulf of Alaska, for pollock catcher vessels EC–10339. A communication from the Di- Transportation. that are non-exempt under the American rector of the Office of Regulations Manage- EC–10349. A communication from the Act- Fisheries Act’’ received on August 23, 2000; to ment, Veterans Benefits Administration, De- ing Assistant Administrator For Fisheries, the Committee on Commerce, Science, and partment of Veterans Affairs, transmitting, National Marine Fisheries Service, Depart- Transportation. pursuant to law, the report of a rule entitled ment of Commerce, transmitting, pursuant EC–10358. A communication from the Dep- ‘‘Veterans Training: Vocational Rehabilita- to law, the report of a rule entitled ‘‘Fish- uty Assistant Administrator for Fisheries, tion Subsistence Allowance Rates’’ (RIN2900– eries of the Exclusive Economic Zone Off National Marine Fisheries Service, Depart- AI74) received on August 23, 2000; to the Com- Alaska; Closure of Critical Habitat Pursuant ment of Commerce, transmitting, pursuant mittee on Veterans’ Affairs. to a Court Order’’ (RIN0648–AO44) received to law, the report of a rule entitled ‘‘Final EC–10340. A communication from the Sec- on August 21, 2000; to the Committee on Rule Implementing Amendment 12 to the retary of Labor, transmitting, pursuant to Commerce, Science, and Transportation. Fishery Management Plan for the Snapper– law, the report describing employment and EC–10350. A communication from the Act- Grouper Fishery of the South Atlantic Re- training programs for veterans during pro- ing Associate Administrator for Procure- gion’’ (RIN0648–AN39) received on August 23, gram year 1998 and fiscal year 1999; to the ment, National Aeronautics and Space Ad- 2000; to the Committee on Commerce, Committee on Veterans’ Affairs. ministration, transmitting, pursuant to law, Science, and Transportation. EC–10341. A communication from the As- the report of a rule entitled ‘‘Central Con- EC–10359. A communication from the Pro- sistant General Counsel for Regulations, Of- tractor Registration (CCR)’’ received on Au- gram Analyst, Federal Aviation Administra- fice of the Secretary, Department of Housing gust 21, 2000; to the Committee on Com- tion, Department of Transportation, trans- and Urban Development, transmitting, pur- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule suant to law, the report of a rule entitled EC–10351. A communication from the entitled ‘‘Airworthiness Directives: Boeing ‘‘Initiation of Civil Money Penalty Action Chairman of the Bureau of Enforcement, Model 747–400 Series Airplanes; docket no. for Failing to Disclose Lead-Based Paint Federal Maritime Commission, transmitting, 2000–NM–151 [7–25/8–14]’’ (2120–AA64 (2000– Hazards: Amendments Concerning Official to pursuant to law, the report of a rule entitled 0400)) received on August 15, 2000; to the Initiate Action’’ (RIN2501–AC74(FR–4609–F– ‘‘Inflation Adjustment of Civil Monetary Committee on Commerce, Science, and 01)) received on August 21, 2000; to the Com- Penalties’’ (FMC Docket No.: 00–09) received Transportation. mittee on Banking, Housing, and Urban Af- on August 21, 2000; to the Committee on EC–10360. A communication from the Pro- fairs. Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–10342. A communication from the As- EC–10352. A communication from the Chief tion, Department of Transportation, trans- sistant General Counsel for Regulations, Of- of Policy and Program Planning, Common mitting, pursuant to law, the report of a rule

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 S8012 CONGRESSIONAL RECORD — SENATE September 5, 2000 entitled ‘‘Airworthiness Directives: Boeing EC–10369. A communication from the Pro- EC–10378. A communication from the Pro- Model 727 Series Airplanes Modified in Ac- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- cordance with Valsan Supplemental Type tion, Department of Transportation, trans- tion, Department of Transportation, trans- Certificate (STC) SA4363NM; docket no. 2000– mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule NM–248 [7–31/8–14]’’ (2120–AA64 (2000–0401)) re- entitled ‘‘Airworthiness Directives: Bell Hel- entitled ‘‘Amendment to Class E Airspace; ceived on August 15, 2000; to the Committee icopter Textron Canada Model 407 Heli- Elkhart, KS ; docket no. 00–ACE–22 [7–25/8– on Commerce, Science, and Transportation. copters; Docket no. 2000–SW–10 [7–28/8–17]’’ 17]’’ (2120–AA66 (2000–0186)) received on Au- EC–10361. A communication from the Pro- (2120–AA64 (2000–0409)) received on August 17, gust 17, 2000; to the Committee on Com- gram Analyst, Federal Aviation Administra- 2000; to the Committee on Commerce, merce, Science, and Transportation. tion, Department of Transportation, trans- Science, and Transportation. EC–10379. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–10370. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘General Rulemaking Procedures; gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- docket no. FAA1999–6622 [8–21/8–17]’’ (2120– tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule AG95) received on August 17, 2000; to the mitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class D Airspace; Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives: McDon- Kissimmee, FL; docket no. 00–ASO–23 [8–4/8– Transportation. nell Douglas Model DC–10 Series Airplanes; 17]’’ (2120–AA66 (2000–0187)) received on Au- EC–10362. A communication from the Pro- docket no. 99–NM–215 [7–31/8–17]’’ (2120–AA64 gust 17, 2000; to the Committee on Com- gram Analyst, Federal Aviation Administra- (2000–0410)) received on August 17, 2000; to the merce, Science, and Transportation. tion, Department of Transportation, trans- Committee on Commerce, Science, and EC–10380. A communication from the Pro- mitting, pursuant to law, the report of a rule Transportation. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: McDon- EC–10371. A communication from the Pro- tion, Department of Transportation, trans- nell Douglas Model DC–8 Series Airplanes; gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule docket no. 2000–NM–100 [8–3/8–17]’’ (2120–AA64 tion, Department of Transportation, trans- entitled ‘‘Establishment of Class D Airspace; (2000–0413)) received on August 17, 2000; to the mitting, pursuant to law, the report of a rule Oakgrove, NC; docket no. 00–ASO–24 [8–4/8– Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives: McDon- 17]’’ (2120–AA66 (2000–0188)) received on Au- Transportation. nell Douglas Model DC–10 Series Airplanes; gust 17, 2000; to the Committee on Com- EC–10363. A communication from the Pro- docket no. 99–NM–214 [7–31/8–17]’’ (2120–AA64 merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- (2000–0411)) received on August 17, 2000; to the EC–10381. A communication from the Pro- tion, Department of Transportation, trans- Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Transportation. tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: EC–10372. A communication from the Pro- mitting, pursuant to law, the report of a rule Eurocopter France Model SA–365N, N1, AS– gram Analyst, Federal Aviation Administra- entitled ‘‘Establishment of Class D Airspace; 365N2, and N3 Helicopters; Docket no. 2000– tion, Department of Transportation, trans- Boca Raton, FL; docket no. 00–ASO–22 [8–7/8– SW–09 [8–9/8–17]’’ (2120–AA64 (2000–0404)) re- mitting, pursuant to law, the report of a rule 17]’’ (2120–AA66 (2000–0189)) received on Au- ceived on August 17, 2000; to the Committee entitled ‘‘Airworthiness Directives: McDon- gust 17, 2000; to the Committee on Com- on Commerce, Science, and Transportation. nell Douglas Model DC–10–10, –10F, –15, –30, merce, Science, and Transportation. EC–10364. A communication from the Pro- –30F (KC–10A and KDC–10 Military), –40, and EC–10382. A communication from the Pro- gram Analyst, Federal Aviation Administra- –40F Series Airplanes; docket no. 99–NM–211 gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- [7–31/8–17]’’ (2120–AA64 (2000–0412)) received on tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule August 17, 2000; to the Committee on Com- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Airbus entitled ‘‘Establishment of Class E Airspace; Model A319, A320, and A321 Series Airplanes; merce, Science, and Transportation. EC–10373. A communication from the Pro- Marquette, MI; docket no. 00–AGL–02 [7–26/8– docket no. 99–NM–331 [8–14/8–17]’’ (2120–AA64 gram Analyst, Federal Aviation Administra- 17]’’ (2120–AA66 (2000–0191)) received on Au- (2000–0403)) received on August 17, 2000; to the tion, Department of Transportation, trans- gust 17, 2000; to the Committee on Com- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule Transportation. merce, Science, and Transportation. EC–10365. A communication from the Pro- entitled ‘‘Airworthiness Directives: Honey- EC–10383. A communication from the Pro- gram Analyst, Federal Aviation Administra- well International Inc. TFE31, 2, 3, 4, and 5 gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Series Turbofan Engines; docket no. 99–NE– tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule 10 [8–8/8–17]’’ (2120–AA64 (2000–0414)) received mitting, pursuant to law, the report of a rule entitled ‘‘AD—Bell Helicopter Textron In .– on August 17, 2000; to the Committee on entitled ‘‘Modification of Class D Airspace; manufactured Model HH–1K, TH–1F, UH–1A, Commerce, Science, and Transportation. Gary, IN ; and Modification of Class E Air- UH1B, UH–1E, UH–1F, Uh–1H, UH–1L, and EC–10374. A communication from the Pro- space; Gary, IN; docket no. 00–AGL–16 [7–26/ UH–1P; & Southwest Florida Aviation SW– gram Analyst, Federal Aviation Administra- 8–17]’’ (2120–AA66 (2000–0192)) received on Au- 204, SW204–HP, SW–205 & SW205A–1 Heli- tion, Department of Transportation, trans- gust 17, 2000; to the Committee on Com- copters; doc #2000–SW–01 [8–9/8–17]’’ (2120– mitting, pursuant to law, the report of a rule merce, Science, and Transportation. AA64 (2000–0405)) received on August 17, 2000; entitled ‘‘Establishment of Class E Airspace; EC–10384. A communication from the Pro- to the Committee on Commerce, Science, Minneapolis, Crystal Airport, MN; Correc- gram Analyst, Federal Aviation Administra- and Transportation. tion; docket no. 00–AGL–10’’ (2120–AA66 (2000– tion, Department of Transportation, trans- EC–10366. A communication from the Pro- 0182)) received on August 17, 2000; to the mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and entitled ‘‘Modification of Class D and Class E tion, Department of Transportation, trans- Transportation. Airspace; Chicago, Aurora Municipal; Air- mitting, pursuant to law, the report of a rule EC–10375. A communication from the Pro- port, IL; docket no. 00–AGL–15 [7–26/8–17]’’ entitled ‘‘Airworthiness Directives: Bell Hel- gram Analyst, Federal Aviation Administra- (2120–AA66 (2000–0193)) received on August 17, icopter Textron Canada Model 430 Heli- tion, Department of Transportation, trans- 2000; to the Committee on Commerce, copters; docket no. 99–SW–84 [8–15/8–17]’’ mitting, pursuant to law, the report of a rule Science, and Transportation. (2120–AA64 (2000–0406)) received on August 17, entitled ‘‘Modification of Class E Airspace; EC–10385. A communication from the Pro- 2000; to the Committee on Commerce, Ionia, MI; docket no. 00–AGL–13 [7–26/8–17]’’ gram Analyst, Federal Aviation Administra- Science, and Transportation. (2120–AA66 (2000–0183)) received on August 17, tion, Department of Transportation, trans- EC–10367. A communication from the Pro- 2000; to the Committee on Commerce, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Science, and Transportation. entitled ‘‘Amendment to Class E Airspace; tion, Department of Transportation, trans- EC–10376. A communication from the Pro- Washington, MO; docket no. 00–ACE–24 [8–11/ mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- 8–17]’’ (2120–AA66 (2000–0194)) received on Au- entitled ‘‘Airworthiness Directives: Sikorsky tion, Department of Transportation, trans- gust 17, 2000; to the Committee on Com- Aircraft Corporation Model S–76 Series Heli- mitting, pursuant to law, the report of a rule merce, Science, and Transportation. copters; docket no. 2000–SW–26 [8–15/8–17]’’ entitled ‘‘Establishment of Class E Airspace; EC–10386. A communication from the Pro- (2120–AA64 (2000–0407)) received on August 17, Greenwood/Wonder Lake, IL; docket no. 00– gram Analyst, Federal Aviation Administra- 2000; to the Committee on Commerce, AGL–12 [7–26/8–17]’’ (2120–AA66 (2000–0184)) re- tion, Department of Transportation, trans- Science, and Transportation. ceived on August 17, 2000; to the Committee mitting, pursuant to law, the report of a rule EC–10368. A communication from the Pro- on Commerce, Science, and Transportation. entitled ‘‘Revision of Class E Airspace; gram Analyst, Federal Aviation Administra- EC–10377. A communication from the Pro- Denglewod CO; correction; docket no. 00– tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- ANM–01 [8/10–/8–17]’’ (2120–AA66 (2000–0195)) mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- received on August 17, 2000; to the Com- entitled ‘‘Airworthiness Directives: mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- McCauley Propeller Model 4HFR34C653/ entitled ‘‘Modification of Class E Airspace; tation. L106FA–); docket no. 2000–NE–17 [8–8/8–17]’’ Shelbyville, IN; docket no. 00–AGL–11 [7–24/8– EC–10387. A communication from the Pro- (2120–AA64 (2000–0408)) received on August 17, 17]’’ (2120–AA66 (2000–0185)) received on Au- gram Analyst, Federal Aviation Administra- 2000; to the Committee on Commerce, gust 17, 2000; to the Committee on Com- tion, Department of Transportation, trans- Science, and Transportation. merce, Science, and Transportation. mitting, pursuant to law, the report of a rule

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8013 entitled ‘‘Modification of Class E Airspace; pursuant to law, the report of a rule entitled (San Juan 00–059)’’ (RIN2115–AA97 (2000–0069)) Wenatchee, WA; docket no. 00–ANM–07 [8–10/ ‘‘Regatta Regulations; Thunder on the Nar- received on August 17, 2000; to the Com- 8–17]’’ (2120–AA66 (2000–0196)) received on Au- rows Hydroplane Races, Prospect Bay, Kent mittee on Commerce, Science, and Transpor- gust 17, 2000; to the Committee on Com- Island Narrows, Maryland (CGD05–00–027)’’ tation. merce, Science, and Transportation. (RIN2115–AE46 (2000–0009)) received on Au- EC–10405. A communication from the Chief EC–10388. A communication from the Pro- gust 17, 2000; to the Committee on Com- of the Office of Regulations and Administra- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. tive Law, United States Coast Guard, De- tion, Department of Transportation, trans- EC–10397. A communication from the Chief partment of Transportation, transmitting, mitting, pursuant to law, the report of a rule of the Office of Regulations and Administra- pursuant to law, the report of a rule entitled entitled Revocation of Restricted Area R– tive Law, United States Coast Guard, De- ‘‘Safety/Security Zone Regulations: 3302 Savanna; IL; docket no. 00–AGL–21 [8–14/ partment of Transportation, transmitting, Saybrook Summer Pops Concert, Saybrook 8–17]’’ (2120–AA66 (2000–0197)) received on Au- pursuant to law, the report of a rule entitled Point Connecticut River, CT (CGD01–00–191)’’ gust 17, 2000; to the Committee on Com- ‘‘Drawbridge Regulations: Elizabeth River, (RIN2115–AA97 (2000–0070)) received on Au- merce, Science, and Transportation. NJ (CGD01–00–194)’’ (RIN2115–AE47 (2000– gust 17, 2000; to the Committee on Com- EC–10389. A communication from the Pro- 0035)) received on August 17, 2000; to the merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and EC–10406. A communication from the Chief tion, Department of Transportation, trans- Transportation. of the Office of Regulations and Administra- mitting, pursuant to law, the report of a rule EC–10398. A communication from the Chief tive Law, United States Coast Guard, De- entitled ‘‘Amendment of VOR Federal Air- of the Office of Regulations and Administra- partment of Transportation, transmitting, way V–162; docket no. 00–AEA–1 [8–9/8–17]’’ tive Law, United States Coast Guard, De- pursuant to law, the report of a rule entitled (2120–AA66 (2000–0198)) received on August 17, partment of Transportation, transmitting, ‘‘Safety/Security Zone Regulations: Village 2000; to the Committee on Commerce, pursuant to law, the report of a rule entitled of Bellport Fireworks Display (CGD01–00– Science, and Transportation. ‘‘Drawbridge Regulations; Bayou Boeuf, LA 186)’’ (RIN2115–AA97 (2000–0071)) received on EC–10390. A communication from the Pro- (CGD08–00–017)’’ (RIN2115–AE47 (2000–0036)) August 17, 2000; to the Committee on Com- gram Analyst, Federal Aviation Administra- received on August 17, 2000; to the Com- merce, Science, and Transportation. tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- EC–10407. A communication from the Chief mitting, pursuant to law, the report of a rule tation. of the Office of Regulations and Administra- entitled ‘‘Amendment to Class E Airspace; EC–10399. A communication from the Chief tive Law, United States Coast Guard, De- Atwood, KS; correction; docket no. 00–ACE– of the Office of Regulations and Administra- partment of Transportation, transmitting, 19 [8–9/8–17]’’ (2120–AA66 (2000–0199)) received tive Law, United States Coast Guard, De- pursuant to law, the report of a rule entitled on August 17, 2000; to the Committee on partment of Transportation, transmitting, ‘‘Safety/Security Zone Regulations; U.S. Ma- Commerce, Science, and Transportation. pursuant to law, the report of a rule entitled rine Corps Water Jump, Resurrection Bay, EC–10391. A communication from the Pro- ‘‘Drawbridge Regulations: Atlantic Intra- Seward, Alaska (COPT Western Alaska 00– gram Analyst, Federal Aviation Administra- coastal Waterway, mile 739.2, Jacksonville, 010)’’ (RIN2115–AA97 (2000–0072)) received on tion, Department of Transportation, trans- FL (CGD07–00–066)’’ (RIN2115–AE47 (2000– August 17, 2000; to the Committee on Com- mitting, pursuant to law, the report of a rule 0037)) received on August 17, 2000; to the merce, Science, and Transportation. EC–10408. A communication from the Chief entitled ‘‘Realignment of Jet Route J–151; Committee on Commerce, Science, and of the Office of Regulations and Administra- docket no. 99–ASO–12 [8–7/8–17]’’ (2120–AA66 Transportation. tive Law, United States Coast Guard, De- (2000–0190)) received on August 17, 2000; to the EC–10400. A communication from the Chief partment of Transportation, transmitting, Committee on Commerce, Science, and of the Office of Regulations and Administra- pursuant to law, the report of a rule entitled Transportation. tive Law, United States Coast Guard, De- ‘‘Safety/Security Zone Regulations: Fire- EC–10392. A communication from the At- partment of Transportation, transmitting, works Display, Hudson River, Pier 84, NY torney Advisor, Common Carrier Bureau, Ac- pursuant to law, the report of a rule entitled (CGD01–00–204)’’ (RIN2115–AA97 (2000–0073)) counting Policy Division, Federal Commu- ‘‘Drawbridge Regulations: Westchester received on August 21, 2000; to the Com- nications Commission, transmitting, pursu- Creek, Bronx River, and Hutchinson River, mittee on Commerce, Science, and Transpor- ant to law, the report of a rule entitled NY (CGD01–99–070)’’ (RIN2115–AE47 (2000– tation. ‘‘Federal-State Joint Board on Universal 0038)) received on August 21, 2000; to the EC–10409. A communication from the Chief Service, CC Docket No. 96–45, Twentieth Committee on Commerce, Science, and of the Office of Regulations and Administra- Order on Reconsideration’’ (FCC 00–126, CC Transportation. tive Law, United States Coast Guard, De- Doc. 96–45) received on August 21, 2000; to the EC–10401. A communication from the Chief partment of Transportation, transmitting, Committee on Commerce, Science, and of the Office of Regulations and Administra- pursuant to law, the report of a rule entitled Transportation. tive Law, United States Coast Guard, De- ‘‘Safety/Security Zone Regulations: Fire- EC–10393. A communication from the At- partment of Transportation, transmitting, works Display, Western Long Island Sound, torney Advisor, Common Carrier Bureau, Ac- pursuant to law, the report of a rule entitled Larchmont, NY (CGD01–00–192)’’ (RIN2115– counting Policy Division, Federal Commu- ‘‘Drawbridge Regulations; Newton Creek, AA97 (2000–0074)) received on August 21, 2000; nications Commission, transmitting, pursu- Dutch Kills, English Kills and their Tribu- to the Committee on Commerce, Science, ant to law, the report of a rule entitled taries, NY (CGD01–99–069)’’ (RIN2115–AE47 and Transportation. ‘‘Federal–State Joint Board on Universal (2000–0041)) received on August 21, 2000; to the EC–10410. A communication from the Chief Service, CC Docket No. 96–45, 19th Order on Committee on Commerce, Science, and of the Office of Regulations and Administra- Reconsideration’’ (FCC 99–396, CC Doc. 96–45) Transportation. tive Law, United States Coast Guard, De- received on August 21, 2000; to the Com- EC–10402. A communication from the Chief partment of Transportation, transmitting, mittee on Commerce, Science, and Transpor- of the Office of Regulations and Administra- pursuant to law, the report of a rule entitled tation. tive Law, United States Coast Guard, De- ‘‘Safety/Security Zone Regulations: T.E.L. EC–10394. A communication from the Chief partment of Transportation, transmitting, Enterprises, Great South Bay, Davis Park, of the Office of Regulations and Administra- pursuant to law, the report of a rule entitled Sayville, NY (CGD01–00–195)’’ (RIN2115–AA97 tive Law, United States Coast Guard, De- ‘‘Drawbridge Regulations: Gowanus Canal, (2000–0075)) received on August 21, 2000; to the partment of Transportation, transmitting, NY (CGD01–99–067)’’ (RIN2115–AE47 (2000– Committee on Commerce, Science, and pursuant to law, the report of a rule entitled 0040)) received on August 21, 2000; to the Transportation. ‘‘Regatta Regulations; Harford County Committee on Commerce, Science, and EC–10411. A communication from the Chief Power Boat Regatta, Bush River, Abingdon, Transportation. of the Office of Regulations and Administra- Maryland (CGD05–00–028)’’ (RIN2115–AE46 EC–10403. A communication from the Chief tive Law, United States Coast Guard, De- (2000–0007)) received on August 17, 2000; to the of the Office of Regulations and Administra- partment of Transportation, transmitting, Committee on Commerce, Science, and tive Law, United States Coast Guard, De- pursuant to law, the report of a rule entitled Transportation. partment of Transportation, transmitting, ‘‘Safety/Security Zone Regulations: Tampa EC–10395. A communication from the Chief pursuant to law, the report of a rule entitled Bay, Florida (COTP Tampa 00–061)’’ of the Office of Regulations and Administra- ‘‘Safety/Security Zone Regulations: Presi- (RIN2115–AA97 (2000–0076)) received on Au- tive Law, United States Coast Guard, De- dential Visit, Martha’s Vineyard, MA gust 21, 2000; to the Committee on Com- partment of Transportation, transmitting, (CGD01–00–189)’’ (RIN2115–AA97 (2000–0068)) merce, Science, and Transportation. pursuant to law, the report of a rule entitled received on August 17, 2000; to the Com- EC–10412. A communication from the Chief ‘‘Regatta Regulations; Eighth Coast Guard mittee on Commerce, Science, and Transpor- of the Office of Regulations and Administra- District Annual Marine Events (CGD08–99– tation. tive Law, United States Coast Guard, De- 066)’’ (RIN2115–AE46 (2000–0008)) received on EC–10404. A communication from the Chief partment of Transportation, transmitting, August 17, 2000; to the Committee on Com- of the Office of Regulations and Administra- pursuant to law, the report of a rule entitled merce, Science, and Transportation. tive Law, United States Coast Guard, De- ‘‘Safety/Security Zone Regulations; Chesa- EC–10396. A communication from the Chief partment of Transportation, transmitting, peake Bay, Hampton, VA (CGD05–00–035)’’ of the Office of Regulations and Administra- pursuant to law, the report of a rule entitled (RIN2115–AA97 (2000–0077)) received on Au- tive Law, United States Coast Guard, De- ‘‘Safety/Security Zone Regulations; gust 21, 2000; to the Committee on Com- partment of Transportation, transmitting, Guayanilla Bay, Guayanilla, Puerto Rico merce, Science, and Transportation.

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 S8014 CONGRESSIONAL RECORD — SENATE September 5, 2000 EC–10413. A communication from the Chief Amendment under the Fishery Management Licensees to Engage in Two–Way Trans- of the Office of Regulations and Administra- Plan for Reef Fish Resources of the Gulf of missions’’ (MM Docket No. 97–217; FCC 00– tive Law, United States Coast Guard, De- Mexico to Establish Red Snapper Manage- 244) received on August 21, 2000; to the Com- partment of Transportation, transmitting, ment Measures for 2000’’ (RIN0648–AM04) re- mittee on Commerce, Science, and Transpor- pursuant to law, the report of a rule entitled ceived on August 21, 2000; to the Committee tation. ‘‘Safety/Security Zone Regulations: McArdle on Commerce, Science, and Transportation. EC–10430. A communication from the Spe- (Meridian Street) Bridge, Chelsea River, EC–10422. A communication from the As- cial Assistant to the Bureau Chief, Mass Chelsea, Massachusetts (CGD01–00–203)’’ sistant Administrator For Fisheries, Na- Media Bureau, Federal Communications (RIN2115–AA97 (2000–0078)) received on Au- tional Marine Fisheries Service, Department Commission, transmitting, pursuant to law, gust 21, 2000; to the Committee on Com- of Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of merce, Science, and Transportation. the report of a rule entitled ‘‘Atlantic Highly Section 73.202(b), Table of FM Allotments, EC–10414. A communication from the At- Migratory Species; Pelagic Longline Man- FM Broadcast Stations Hayward, Wisconsin’’ torney Advisor of the National Highway agement’’ (RIN0648–AM79; I.D. 110499B) re- (MM Docket No. 00–23, RM–9819) received on Traffic Safety Administration, Department ceived on August 21, 2000; to the Committee August 21, 2000; to the Committee on Com- of Transportation, transmitting, pursuant to on Commerce, Science, and Transportation. merce, Science, and Transportation. law, the report of a rule entitled ‘‘Insurer EC–10423. A communication from the As- EC–10431. A communication from the Spe- cial Assistant to the Bureau Chief, Mass Reporting Requirements for October 1999’’ sistant Administrator For Fisheries, Na- Media Bureau, Federal Communications (RIN2127–AH62) received on August 15, 2000; tional Marine Fisheries Service, Department Commission, transmitting, pursuant to law, to the Committee on Commerce, Science, of Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of and Transportation. the report of a rule entitled ‘‘Fisheries of the Section 73.202(b), Table of Allotments, FM EC–10415. A communication from the At- Exclusive Economic Zone Off Alaska; Alloca- Broadcast Stations (Angel Fire, Chama, and torney Advisor of the National Highway tion of Pacific Cod among Vessels Using Taos, NM)’’ (MM Docket No. 99–116, RM–9536) Traffic Safety Administration, Department Hook-and-line or Pot Gear in the Bering Sea received on August 21, 2000; to the Com- of Transportation, transmitting, pursuant to and Aleutian Islands’’ (RIN0648–AN25) re- mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Insurer ceived on August 23, 2000; to the Committee tation. Reporting Requirements for October 2000’’ on Commerce, Science, and Transportation. EC–10432. A communication from the Spe- (RIN2127–AH77) received on August 15, 2000; EC–10424. A communication from the Spe- cial Assistant to the Bureau Chief, Mass to the Committee on Commerce, Science, cial Assistant to the Chief, Mass Media Bu- Media Bureau, Federal Communications and Transportation. reau, Federal Communications Commission, Commission, transmitting, pursuant to law, EC–10416. A communication from the At- transmitting, pursuant to law, the report of the report of a rule entitled ‘‘Amendment of torney Advisor of the National Highway a rule entitled ‘‘Amendment of Section Section 73.202(b), Table of Allotments, FM Traffic Safety Administration, Department 73.202(b), Table of Allotments, FM Broadcast Broadcast Stations (Mason, Menard and of Transportation, transmitting, pursuant to Stations. (Pacific Junction, Iowa)’’ (MM Fredericksburg, TX)’’ (MM Docket No. 99– law, the report of a rule entitled ‘‘Uniform Docket No. 99–50, RM–9425) received on Au- 215, RM–9337, RM–9892) received on August 21, Tire Quality Grading Standards Informa- gust 21, 2000; to the Committee on Com- 2000; to the Committee on Commerce, tion’’ (RIN2127–AH82) received on August 15 , merce, Science, and Transportation. Science, and Transportation. 2000; to the Committee on Commerce, EC–10425. A communication from the Spe- EC–10433. A communication from the Spe- Science, and Transportation. cial Assistant to the Chief, Mass Media Bu- cial Assistant to the Bureau Chief, Mass EC–10417. A communication from the Act- reau, Federal Communications Commission, Media Bureau, Federal Communications ing Director of the Office of Sustainable transmitting, pursuant to law, the report of Commission, transmitting, pursuant to law, Fisheries, National Marine Fisheries Serv- a rule entitled ‘‘Amendment of Section the report of a rule entitled ‘‘Amendment of ice, Department of Commerce, transmitting, 73.202(b), Table of Allotments, FM Broadcast Section 73.202(b), Table of FM Allotments, pursuant to law, the report of a rule entitled Stations, Stratford and Lincoln, NH’’ (MM FM Broadcast Stations Saint Regis, Mon- ‘‘Atlantic Highly Migratory Species Fish- Docket No. 99–84, RM–9501, RM–9594) received tana’’ (MM Docket No. 99–225, RM–9635) re- eries; Atlantic Bluefin Tuna; Adjustment of on August 21, 2000; to the Committee on ceived on August 21, 2000; to the Committee General Category Daily Retention Limit on Commerce, Science, and Transportation. on Commerce, Science, and Transportation. Previously Designated Restricted Fishing EC–10426. A communication from the Spe- EC–10434. A communication from the Spe- Days’’ (I.D.072100C) received on August 21, cial Assistant to the Chief, Mass Media Bu- cial Assistant to the Bureau Chief, Mass 2000; to the Committee on Commerce, reau, Federal Communications Commission, Media Bureau, Federal Communications Science, and Transportation. transmitting, pursuant to law, the report of Commission, transmitting, pursuant to law, EC–10418. A communication from the Act- a rule entitled ‘‘Amendment of Section the report of a rule entitled ‘‘Amendment of ing Director of the Office of Sustainable 73.202(b), Table of FM Allotments; FM Broad- Section 73.202(b), Table of Allotments, FM Fisheries, National Marine Fisheries Serv- cast Stations Fountain Green and Levan, Broadcast Stations (Keeseville and ice, Department of Commerce, transmitting, Utah’’ (MM Docket No. 99–222, RM–9602, RM– Dannemora, NY)’’ (MM Docket No. 99–285, pursuant to law, the report of a rule entitled 9789) received on August 21, 2000; to the Com- RM–9717, RM–9808) received on August 21, ‘‘Fisheries of the Exclusive Economic Zone mittee on Commerce, Science, and Transpor- 2000; to the Committee on Commerce, Off Alaska—Closes Fishing for the Shallow- tation. Science, and Transportation. Water Species With Trawl Gear in the Gulf EC–10427. A communication from the Spe- EC–10435. A communication from the Spe- of Alaska’’ received on August 21, 2000; to the cial Assistant to the Chief, Mass Media Bu- cial Assistant to the Bureau Chief, Mass Media Bureau, Federal Communications Committee on Commerce, Science, and reau, Federal Communications Commission, Commission, transmitting, pursuant to law, Transportation. transmitting, pursuant to law, the report of EC–10419. A communication from the Asso- a rule entitled ‘‘Amendment of Section the report of a rule entitled ‘‘Amendment of Section 73.202(b), Table of Allotments, FM ciate Bureau Chief, Wireless Telecommuni- 73.202(b), Table of Allotments, FM Broadcast Broadcast Stations, Minerva, NY’’ (MM cations, Policy & Rules Branch, Federal Stations (Scappoose and Tillamook, OR)’’ Docket No. 99–345, RM–9782) received on Au- Communications Commission, transmitting, (MM Docket No. 99–276, RM–9702) received on gust 21, 2000; to the Committee on Com- pursuant to law, the report of a rule entitled August 21, 2000; to the Committee on Com- merce, Science, and Transportation. ‘‘Amendment to the Commission’s Rules Re- merce, Science, and Transportation. EC–10437. A communication from the Di- garding a Plan for Sharing the Costs of EC–10428. A communication from the Spe- rector of the Office of Personnel Manage- Microwave Relocation’’ (WT Docket No. 95– cial Assistant to the Chief, Mass Media Bu- ment, transmitting, pursuant to law, the re- 157; FCC 00–123) received on August 21, 2000; reau, Federal Communications Commission, port of a rule entitled ‘‘Prevailing Rate Sys- to the Committee on Commerce, Science, transmitting, pursuant to law, the report of tems; Abolishment of the Philadelphia, PA, and Transportation. a rule entitled ‘‘Amendment of Section Special Wage Schedule for Printing Posi- EC–10420. A communication from the Asso- 73.202(b), Table of Allotments, FM Broadcast tions’’ (RIN 3206–AJ22) received on August 21, ciate Bureau Chief, Wireless Telecommuni- Stations (Elberton and Lavonia, Georgia); in 2000; to the Committee on Governmental Af- cations, Policy and Rules Branch, Federal re Application of Waves of Mercy Produc- fairs. Communications Commission, transmitting, tions, Inc., Pendergrass, GA, for Construc- EC–10438. A communication from the pursuant to law, the report of a rule entitled tion Permit for New Noncommercial FM Chairman of the Broadcasting Board of Gov- ‘‘Amendment of the Commission’s Rules Re- Station’’ (MM Docket 99–343, RM–9750; ernors, transmitting, pursuant to law, a re- garding Multiple Address Systems – 47 C.F.R. BPED–19990630MB) received on August 21, port relative to commercial activities inven- Parts 22 and 101’’ (WT Docket No. 97–81, FCC 2000; to the Committee on Commerce, tory; to the Committee on Governmental Af- 99–415) received on August 21, 2000; to the Science, and Transportation. fairs. Committee on Commerce, Science, and EC–10429. A communication from the Spe- EC–10439. A communication from the Exec- Transportation. cial Assistant to the Chief, Mass Media Bu- utive Director of the Committee For Pur- EC–10421. A communication from the As- reau, Federal Communications Commission, chase From People Who Are Blind Or Se- sistant Administrator For Fisheries, Na- transmitting, pursuant to law, the report of verely Disabled, transmitting, pursuant to tional Marine Fisheries Service, Department a rule entitled ‘‘Amendment of Parts 21 and law, the report of additions to the procure- of Commerce, transmitting, pursuant to law, 74 to Enable Multipoint Distribution Service ment list received on August 21, 2000; to the the report of a rule entitled ‘‘Regulatory and Instructional Television Fixed Service Committee on Governmental Affairs.

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8015 EC–10440. A communication from the Exec- EC–10451. A communication from the Dep- 2000–36 I.R.B.) received on August 16, 2000; to utive Director of the Committee For Pur- uty Associate Administrator, Environmental the Committee on Finance. chase From People Who Are Blind Or Se- Protection Agency, transmitting, the report EC–10463. A communication from the Chief verely Disabled, transmitting, pursuant to of two items; to the Committee on Environ- of the Regulations Unit, Internal Revenue law, the report of additions to the procure- ment and Public Works. Service, Department of the Treasury, trans- ment list received on August 23, 2000; to the EC–10452. A communication from the Dep- mitting, pursuant to law, the report of a rule Committee on Governmental Affairs. uty Associate Administrator, Environmental entitled ‘‘Notice 2000–44’’ (RINOGI–110806–00) EC–10441. A communication from the Ad- Protection Agency, transmitting, the report received on August 17, 2000; to the Com- ministrator of the Environmental Protection of four items; to the Committee on Environ- mittee on Finance. Agency, transmitting, pursuant to law, the ment and Public Works. EC–10464. A communication from the Chief report relative to the waste isolation pilot EC–10453. A communication from the Regu- of the Regulations Unit, Internal Revenue plant; to the Committee on Energy and Nat- lations Officer of the Federal Highway Ad- Service, Department of the Treasury, trans- ural Resources. ministration, Department of Transportation, mitting, pursuant to law, the report of a rule EC–10442. A communication from the As- transmitting, pursuant to law, the report of entitled ‘‘September 2000 Applicable Federal sistant General Counsel for Regulatory Law, a rule entitled ‘‘Payroll and Related Ex- Rates’’ (Revenue Ruling 2000–41) received on Office of Environment, Safety and Health, penses of Public Employees; General Admin- August 17, 2000; to the Committee on Fi- Department of Energy, transmitting, pursu- istration and Other Overhead; and Cost Ac- nance. ant to law, the report of a rule entitled cumulation Centers and Distribution Meth- EC–10465. A communication from the Chief ‘‘Guidelines for Preparing Criticality Safety ods’’ (RIN2125–AE74) received on August 17, of the Regulations Unit, Internal Revenue Evaluations at Department of Energy Non– 2000; to the Committee on Environment and Service, Department of the Treasury, trans- Reactor Nuclear Facilities’’ (DOE–STD–3007– Public Works. mitting, pursuant to law, the report of a rule 93, Change Notice No. 1) received on July 27, EC–10454. A communication from the Regu- entitled ‘‘Notice 2000–45 Preproductive peri- 2000; to the Committee on Energy and Nat- lations Officer of the Federal Highway Ad- ods of certain plants’’ (Notice 2000–45) re- ural Resources. ministration, Department of Transportation, ceived on August 21, 2000; to the Committee EC–10443. A communication from the As- transmitting, pursuant to law, the report of on Finance. sistant Secretary of the Policy, Manage- a rule entitled ‘‘Temporary Matching Fund EC–10466. A communication from the Chief of the Regulations Unit, Internal Revenue ment, and Budget, Office of the Secretary, Waiver’’ (RIN2125–AE76) received on August Service, Department of the Treasury, trans- Department of the Interior, transmitting, 17, 2000; to the Committee on Environment mitting, pursuant to law, the report of a rule pursuant to law, the report relative to local and Public Works. entitled ‘‘Extension of Due Date for Elec- hire actions; to the Committee on Energy EC–10455. A communication from the Di- tronically Filed Information Returns; Limi- and Natural Resources. rector of the Regulatory Management Staff, EC–10444. A communication from the As- Environmental Protection Agency, transmit- tation of Failure to Pay Penalty for Individ- uals During Period of Installment Agree- sistant Secretary, Land and Minerals Man- ting, pursuant to law, the report of a rule en- ment’’ (RIN1545–AX31 (TD8895)) received on agement, Bureau of Land Management, De- titled ‘‘Approval and Promulgation of Main- August 21, 2000; to the Committee on Fi- partment of the Interior, transmitting, pur- tenance Plan and Designation of Area for Air nance. suant to law, the report of a rule entitled Quality Planning Purpose for Carbon Mon- EC–10467. A communication from the Chief ‘‘Leasing of Solid Minerals other than Coal oxide; State of Arizona; Correction of the Regulations Unit, Internal Revenue or Oil Shale’’ (RIN1004–AC49) received on Au- (FRL#6852–6) received on August 15, 2000; to Service, Department of the Treasury, trans- gust 16, 2000; to the Committee on Energy the Committee on Environment and Public mitting, pursuant to law, the report of a rule and Natural Resources. Works. entitled ‘‘Rules for Property Produced in a EC–10445. A communication from the As- EC–10456. A communication from the Di- Farming Business’’ (1545–AQ91 TD8897) re- sistant Secretary, Land and Minerals Man- rector of the Regulatory Management Staff, ceived on August 21, 2000; to the Committee agement, Bureau of Land Management, De- Environmental Protection Agency, transmit- on Finance. partment of the Interior, transmitting, pur- ting, pursuant to law, the report of a rule en- EC–10468. A communication from the Sec- suant to law, the report of a rule entitled titled ‘‘National Emission Standards for Haz- retary of Health and Human Services, trans- ‘‘Financial Assistance, Local Governments ardous Air Pollutants for Pharmaceuticals mitting, pursuant to law, a report relative to 43 CFR Part 1880, Subpart 1881’’ (RIN1004– Production’’ (FRL#6855–1) received on Au- child support enforcement; to the Committee AD23) received on August 21, 2000; to the gust 16, 2000; to the Committee on Environ- on Finance. Committee on Energy and Natural Re- ment and Public Works. EC–10469. A communication from the Dep- sources. EC–10457. A communication from the As- uty Executive Secretary, Department of EC–10446. A communication from the Sec- sistant Secretary of Legislative Affairs, De- Health and Human Services, transmitting, retary of the Interior, transmitting, pursu- partment of State, transmitting, pursuant to pursuant to law, the report of a rule entitled ant to law, the report of the Office of Surface law, a report of a rule relative to non- ‘‘Heath Insurance Reform: Standards For Mining for 1999; to the Committee on Energy immigrant visa fees received on August 21, Electronic Transactions’’ (RIN0938–AI58) re- and Natural Resources. 2000; to the Committee on Foreign Relations. ceived on August 21, 2000; to the Committee EC–10447. A communication from the Act- EC–10458. A communication from the As- on Finance. ing Administrator, Energy Information Ad- sistant Secretary of Legislative Affairs, EC–10470. A communication from the Sec- ministration, Department of Energy, trans- transmitting, pursuant to law, the report of retary of Health and Human Services, trans- mitting, pursuant to law, the report entitled a rule concerning the acceptance of non- mitting, pursuant to law, the report relative ‘‘Annual Energy Review 1999’’; to the Com- immigrant petitions received on August 21, to the Temporary Assistance For Needy mittee on Energy and Natural Resources. 2000; to the Committee on Foreign Relations. Families Program; to the Committee on Fi- EC–10448. A communication from the Small EC–10459. A communication from the As- nance. Business Advocacy Chair, Environmental sistant Legal Adviser for Treaty Affairs, De- EC–10471. A communication from the Ad- Protection Agency, transmitting, pursuant partment of State, transmitting, pursuant to ministrator, Farming Service Agency, De- to law, the report of a rule entitled ‘‘OMB law, the report of the texts of international partment of Agriculture, transmitting, pur- Approvals Under the Paperwork Reduction agreements, other than treaties, and back- suant to law, the report of a rule entitled Act; Technical Amendment (FRL#6846–8) re- ground statements; to the Committee on ‘‘Handling Payments from the Farm Service ceived on August 15, 2000; to the Committee Foreign Relations. Agency (FSA) to Delinquent FSA Farm Loan on Environment and Public Works. EC–10460. A communication from the As- Program Borrowers’’ (RIN0560–AG24) re- EC–10449. A communicaton from the Act- sistant Attorney General, Office of Legisla- ceived on August 16, 2000; to the Committee ing Assistant Secretary for Fish and Wildlife tive Affairs, Department of Justice, trans- on Agriculture, Nutrition, and Forestry. and Parks, Fish and Wildlife Service, De- mitting, a report relative to foreign agents EC–10472. A communication from the Con- partment of the Interior, transmitting, pur- for the period from July 1, 1999 through De- gressional Review Coordinator, Animal and suant to law, the report of a rule entitled cember 31, 1999; to the Committee on Foreign Plant Health Inspection Service, transmit- ‘‘Migratory Bird Hunting: Final Frameworks Relations. ting, pursuant to law, the report of a rule en- for Early Season Migratory Bird Hunting EC–10461. A communication from the Chief titled ‘‘Karnal Bunt; Regulated Areas’’ Regulations’’ (RIN1018–AG08) received on Au- of the Regulations Unit, Internal Revenue (Docket #99–077–2) received on August 17, gust 17, 2000; to the Committee on Environ- Service, Department of the Treasury, trans- 2000; to the Committee on Agriculture, Nu- ment and Public Works. mitting, pursuant to law, the report of a rule trition, and Forestry. EC–10450. A communication from the Di- entitled ‘‘Modification of Tax Shelter Rules’’ EC–10473. A communication from the Con- rector of the Office of Congressional Affairs, (RIN1545–AY37) received on August 11, 2000; gressional Review Coordinator, Animal and Nuclear Material Safety and Safeguards, Nu- to the Committee on Finance. Plant Health Inspection Service, transmit- clear Regulatory Commission, transmitting, EC–10462. A communication from the Chief ting, pursuant to law, the report of a rule en- pursuant to law, the repport of a rule enti- of the Regulations Unit, Internal Revenue titled ‘‘Export Certification; Heat Treatment tled ‘‘10CFR Part 72—Clarification and Addi- Service, Department of the Treasury, trans- of Solid Wood Packing Materials Exported to tion of Flexibility’’ (RIN3150–AG15) received mitting, pursuant to law, the report of a rule China’’ (Docket #99–100–2) received on Au- on August 22, 2000; to the Committee on En- entitled ‘‘Guidance under section 108(e)(4) re- gust 17, 2000; to the Committee on Agri- vironment and Public Works. garding related parties’’ (Rev. Proc.. 2000–33, culture, Nutrition, and Forestry.

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 S8016 CONGRESSIONAL RECORD — SENATE September 5, 2000 EC–10474. A communication from the Con- EC–10484. A communication from the Act- Plant Health Inspection Service, Department gressional Review Coordinator, Animal and ing Executive Director of the Commodity of Agriculture, transmitting, pursuant to Plant Health Inspection Service, transmit- Futures Trading Commission, transmitting, law, the report of a rule entitled ‘‘Mexican ting, pursuant to law, the report of a rule en- pursuant to law, the report of a rule entitled Fruit Fly Regulations; Removal of Regu- titled ‘‘Poultry Products from Mexico ‘‘Exemption from Registration for Certain lated Area’’ (Docket #99–084–2) received on Transiting the United States’’ (Docket #98– Foreign FCMs and IBs’’ (RIN3038–AB46) re- August 24, 2000; to the Committee on Agri- 094–2) received on August 17, 2000; to the ceived on August 21, 2000; to the Committee culture, Nutrition, and Forestry. Committee on Agriculture, Nutrition, and on Agriculture, Nutrition, and Forestry. EC–10494. A communication from the Dep- Forestry. EC–10485. A communication from the Act- uty Associate Administrator of the Environ- EC–10475. A communication from the Con- ing Executive Director of the Commodity mental Protection Agency, transmitting, gressional Review Coordinator, Animal and Futures Trading Commission, transmitting, pursuant to law, the report of a rule entitled Plant Health Inspection Service, transmit- pursuant to law, the report of a rule entitled ‘‘Glyphosate; Pesticide Tolerance’’ (FRL ting, pursuant to law, the report of a rule en- ‘‘Minimum Financial Requirements for Fu- #6736–6) received on August 25, 2000; to the titled ‘‘Imported Fire Ant; Quarantined tures Commission Merchants and Intro- Committee on Agriculture, Nutrition, and Areas’’ (Docket #00–007–2) received on Au- ducing Brokers: Amendments to the Provi- Forestry. gust 21, 2000; to the Committee on Agri- sions Governing Subordination Agreements EC–10495. A communication from the Dep- culture, Nutrition, and Forestry. Included in the Net Capital of a Futures uty Associate Administrator, Environmental EC–10476. A communication from the Con- Commission Merchant or Independent Intro- Protection Agency, transmitting, pursuant gressional Review Coordinator, Animal and ducing Broker’’ (RIN3038–AB54) received on to law, the report of a rule entitled Plant Health Inspection Service, transmit- August 23, 2000; to the Committee on Agri- ‘‘Buprofezin; Time-Limited Pesticide Toler- ting, pursuant to law, the report of a rule en- culture, Nutrition, and Forestry. ances’’ (FRL #6740–1) received on August 28, titled ‘‘Pine Shoot Beetle; Regulated Arti- EC–10486. A communication from the Di- 2000; to the Committee on Agriculture, Nu- cles’’ (Docket #99–082–2) received on August rector of the Regulatory Management Staff, trition, and Forestry. 21, 2000; to the Committee on Agriculture, Office of Policy, Economics, and Innovation, EC–10496. A communication from the Pro- Nutrition, and Forestry. Environmental Protection Agency, transmit- gram Analyst, Federal Aviation Administra- EC–10477. A communication from the Con- ting, pursuant to law, the report of a rule en- tion, Department of Transportation, trans- gressional Review Coordinator, Animal and titled ‘‘Dimethenamid; Pesticide Tolerances mitting, pursuant to law, the report of a rule Plant Health Inspection Service, transmit- for Emergency Exemptions’’ (FRL# 6738–1) entitled ‘‘Airworthiness Directives: Boeing ting, pursuant to law, the report of a rule en- received on August 22, 2000; to the Com- Model 747–100, –200, –300, 747SR and 747 SP Se- titled ‘‘Mexican Fruit Fly Regulations; Re- mittee on Agriculture, Nutrition, and For- ries Airplanes; Correction—docket no,. 97– moval of Regulated Area’’ (Docket #98–082–6) estry. NM–88 [8–7/8–14]’’ (RIN2120–AA64 (2000–0402)) received on August 21, 2000; to the Com- EC–10487. A communication from the Asso- received on August 15, 2000; to the Com- mittee on Agriculture, Nutrition, and For- ciate Administrator of the Agricultural Mar- mittee on Commerce, Science, and Transpor- estry. keting Service, Department of Agriculture, tation. EC–10478. A communication from the Con- transmitting, pursuant to law, the report of EC–10497. A communication from the Pro- gressional Review Coordinator, Animal and a rule entitled ‘‘Kiwifruit Grown in Cali- gram Analyst, Federal Aviation Administra- Plant Health Inspection Service, transmit- fornia; Decreased Assessment Rate’’ (Docket tion, Department of Transportation, trans- ting, pursuant to law, the report of a rule en- Number: FV00–920–3 IFR) received on August mitting, pursuant to law, the report of a rule titled ‘‘Oriental Fruit Fly; Removal of Quar- 15, 2000; to the Committee on Agriculture, entitled ‘‘Standard Instrument Approach antined Area’’ (Docket #99–076–3) received on Nutrition, and Forestry. Procedures; Miscellaneous Amendments (51); August 21, 2000; to the Committee on Agri- EC–10488. A communication from the Asso- amdt. No. 2004 [8–10/8–24]’’ (RIN2120–AA65 culture, Nutrition, and Forestry. ciate Administrator of the Agricultural Mar- (2000–0041)) received on August 24, 2000; to the EC–10479. A communication from the Con- keting Service, Department of Agriculture, Committee on Commerce, Science, and gressional Review Coordinator, Animal and transmitting, pursuant to law, the report of Transportation. Plant Health Inspection Service, transmit- a rule entitled ‘‘Oranges, Grapefruit, Tan- EC–10498. A communication from the Pro- ting, pursuant to law, the report of a rule en- gerines, and Tangelos Grown in Florida; In- gram Analyst, Federal Aviation Administra- titled ‘‘Change in Disease Status in Denmark creased Assessment Rate’’ (Docket Number: tion, Department of Transportation, trans- Because of BSE’’ (Docket #00–030–2) received FV00–905–1 FR) received on August 23, 2000; mitting, pursuant to law, the report of a rule on August 21, 2000; to the Committee on Ag- to the Committee on Agriculture, Nutrition, entitled ‘‘Revisions to Digital Flight Data riculture, Nutrition, and Forestry. and Forestry. EC–10480. A communication from the Con- EC–10489. A communication from the Chief Recorder Requirements for Airbus Airplanes; gressional Review Coordinator, Animal and Financial Officer of the Department of Agri- Docket no. FAA–2000–7830’’ (RIN2120–AH08) Plant Health Inspection Service, transmit- culture, transmitting, pursuant to law, the received on August 24, 2000; to the Com- ting, pursuant to law, the report of a rule en- report of three rules entitled ‘‘Uniform Fed- mittee on Commerce, Science, and Transpor- titled ‘‘Change in Disease Status of Portugal eral Assistance Regulations’’, ‘‘Uniform Ad- tation. Because of African Swine Fever’’ (Docket ministrative Requirements for Grants and EC–10499. A communication from the Chief, #99–096–2) received on August 23, 2000; to the Cooperative Agreements to State and Local Office of Regulations and Administrative Committee on Agriculture, Nutrition, and Governments’’ and ‘‘Uniform Administrative Law, U.S. Coast Guard, Department of Forestry. Requirements for Grants and Agreements Transportation, transmitting, pursuant to EC–10481. A communication from the Ad- with Institutions of Higher Education, Hos- law, the report of a rule entitled ‘‘Regatta ministrator of the Risk Management Agen- pitals, and Other Non–Profit Organizations’’ Regulations; SLR, Fireworks Display, Pa- cy, Department of Agriculture, transmitting, received on August 23, 2000; to the Com- tapsco River, Inner Harbor, Baltimore, pursuant to law, the report of a rule entitled mittee on Agriculture, Nutrition, and For- Maryland (CGD05–00–033)’’ (RIN2115–AE46 ‘‘Common Crop Insurance Regulations; Fig, estry. (2000–0010)) received on August 24, 2000; to the Pear, Walnut, Almond, Prune, Table Grape, EC–10490. A communication from the Di- Committee on Commerce, Science, and Peach, Plum, Apple and Stonefruit Crop In- rector of the Geological Survey, Department Transportation. surance Provisions’’ received on August 21, of the Interior, transmitting, a draft of pro- EC–10500. A communication from the Chief, 2000; to the Committee on Agriculture, Nu- posed legislation entitled ‘‘United State Geo- Office of Regulations and Administrative trition, and Forestry. logical Survey Products and Services Act’’; Law, U.S. Coast Guard, Department of EC–10482. A communication from the Act- to the Committee on Energy and Natural Re- Transportation, transmitting, pursuant to ing Executive Director of the Commodity sources. law, the report of a rule entitled ‘‘Regatta Futures Trading Commission, transmitting, EC–10491. A communication from the Sec- Regulations; SLR, Chesapeake Challenge, pursuant to law, the report of a rule entitled retary of Agriculture, transmitting, a draft Patapsco River, Baltimore, Maryland ‘‘Amendments to Insider Trading Regula- of proposed legislation entitled ‘‘Conversion (CDG05–00–032)’’ (RIN2115–AE46 (2000–0011)) tion’’ (RIN3038–AB35) received on August 21, of Non–Federal Service Agency County Com- received on August 24, 2000; to the Com- 2000; to the Committee on Agriculture, Nu- mittee Employees to Federal Civil Service mittee on Commerce, Science, and Transpor- trition, and Forestry. Status’’; to the Committee on Agriculture, tation. EC–10483. A communication from the Act- Nutrition, and Forestry. EC–10501. A communication from the Chief, ing Executive Director of the Commodity EC–10492. A communication from the Con- Office of Regulations and Administrative Futures Trading Commission, transmitting, gressional Review Coordinator, Animal and Law, U.S. Coast Guard, Department of pursuant to law, the report of a rule entitled Plant Health Inspection Service, Department Transportation, transmitting, pursuant to ‘‘Exemption from Certain Part 4 Require- of Agriculture, transmitting, pursuant to law, the report of a rule entitled ‘‘Draw- ments for Commodity Pool Operators with law, the report of a rule entitled ‘‘Oriental bridge Regulations: Harlem River, NY Respect to Offerings to Qualified Eligible Fruit Fly; Removal of Quarantined Area’’ (CDG01–00–205)’’ (RIN2115–AE47 (2000–0042)) Persons and for Commodity Trading Advi- (Docket #99–044–3) received on August 24, received on August 24, 2000; to the Com- sors with Respect to Advising Qualified Eli- 2000; to the Committee on Agriculture, Nu- mittee on Commerce, Science, and Transpor- gible Persons’’ (RIN3038–AB37) received on trition, and Forestry. tation. August 21, 2000; to the Committee on Agri- EC–10493. A communication from the Con- EC–10502. A communication from the Chief, culture, Nutrition, and Forestry. gressional Review Coordinator, Animal and Office of Regulations and Administrative

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8017 Law, U.S. Coast Guard, Department of Service’’ (WT Docket No. 96–86. FCC 00–264) EC–10521. A communication from the Transportation, transmitting, pursuant to received on August 28, 2000; to the Com- Chairman and President of the Export–Im- law, the report of a rule entitled ‘‘Traffic mittee on Commerce, Science, and Transpor- port Bank, transmitting, pursuant to law, Separation Schemes: Off San Francisco, in tation. transactions involving U .S. exports to Alge- the Santa Barbara Channel, in the Ap- EC–10511. A communication from the ria, Brazil, and the Russian Federation; to proaches to Los Angeles–Long Beach, Cali- Chairman of the Federal Communications the Committee on Banking, Housing, and fornia (USCG–1999–5700)’’ (RIN2115–AF84) re- Commission, transmitting, pursuant to law, Urban Affairs. ceived on August 24, 2000; to the Committee reports relative to designs and tests of EC–10522. A communication from the Chief, on Commerce, Science, and Transportation. combinatorial bidding; to the Committee on Regulations Unit, Internal Revenue Service, EC–10503. A communication from the Asso- Commerce, Science, and Transportation. Department of the Treasury, transmitting, ciate Chief, Wireless Telecommunications EC–10512. A communication from the As- pursuant to law, the report of a rule entitled Bureau, Federal Communications Commis- sistant Attorney General, Office of Legisla- ‘‘Notice 2000–48 Per Diem Rate Updates’’ (No- sion, transmitting, pursuant to law, the re- tive Affairs, Department of Justice, trans- tice 2000–48) received on August 24, 2000; to port of a rule entitled ‘‘Reorganization and mitting, a draft of proposed legislation enti- the Committee on Finance. Revision of Parts 1, 2, 21, and 94 of the Rules tled ‘‘Enhancement of Privacy and Public EC–10523. A communication from the Chief, to Establish a New Part 101 Governing Ter- Safety in Cyberspace Act’’; to the Com- Regulations Unit, Internal Revenue Service, restrial Microwave Fixed Radio Services; mittee on the Judiciary. Department of the Treasury, transmitting, Amendment of Part 21 of the Commission’s EC–10513. A communication from the pursuant to law, the report of a rule entitled Rules for the Domestic Public Fixed Radio Secretaryof the Judicial Conference of the ‘‘Notice 2000–49: Clarification of Schedule P Services; McCaw Cellular Communication, United States, transmitting, a draft of pro- (Form 1120–FSC)’’ (Notice 2000–49) received Inc. Petition for Rule Making.’’ (WT Docket posed legislation entitled ‘‘Federal Judge- on August 25, 2000; to the Committee on Fi- 94–148, CC Docket 93–2, RM786) received on ship Act of 2000’’; to the Committee on the nance. August 25, 2000; to the Committee on Com- Judiciary. EC–10524. A communication from the Chief, merce, Science, and Transportation. EC–10514. A communication from the Regulations Unit, Internal Revenue Service, EC–10504. A communication from the Act- Under Secretary of Commerce for Intellec- Department of the Treasury, transmitting, ing Director of the Office of Sustainable tual Property and Director of the Patent and pursuant to law, the report of a rule entitled Fisheries, National Marine Fisheries Serv- Trademark Office, transmitting, pursuant to ‘‘Rev. Rule. 2000–47 BLS–LIFO Department ice, Department of Commerce, transmitting, law, the report of a rule entitled ‘‘Changes to Store Indexes—July 2000’’ (Rev. Rul. 2000–47) pursuant to law, the report of a rule entitled Implement the Patent Business Goals’’ received on August 25, 2000; to the Com- ‘‘Atlantic Highly Migratory Species (HMS) (RIN0651–AA98) received on August 24, 2000; mittee on Finance. Fisheries; Vessel Monitoring Systems; Delay to the Committee on the Judiciary. EC–10525. A communication from the Chief, of Effectiveness’’ (RIN0648–AJ67 I.D.040500B) EC–10515. A communication from the Regulations Branch, U.S. Customs Service, received on August 24, 2000; to the Com- Under Secretary of Commerce for Intellec- Department of the Treasury, transmitting, mittee on Commerce, Science, and Transpor- tual Property and Director of the Patent and pursuant to law, the report of a rule entitled tation. Trademark Office, transmitting, pursuant to ‘‘Petitions for Relief: Seizures, Penalties and EC–10505. A communication from the Sec- law, the report of a rule entitled ‘‘Public In- Liquidated Damages’’ (RIN1515–AC01) re- retary, Bureau of Consumer Protection, Fed- formation, Freedom of Information and Pri- ceived on August 28, 2000; to the Committee eral Trade Commission, transmitting, pursu- vacy’’ received on August 28, 2000; to the on Finance. Committee on the Judiciary. ant to law, the report of a rule entitled f ‘‘Care Labeling of Textile Wearing Apparel EC–10516. A communication from the Dep- and Certain Piece Goods’’ (RIN3084–AA54) re- uty Associate Administrator, Environmental PETITIONS AND MEMORIALS Protection Agency, transmitting, pursuant ceived on August 24, 2000; to the Committee The following petitions and memo- on Commerce, Science, and Transportation. to law, the report of two rules entitled ‘‘Ap- EC–10506. A communication from the Chief proval and Promulgation of Implementation rials were laid before the Senate and Counsel, Saint Lawrence Seaway Develop- Plans; Oregon’’ (FRL #6858–1) and ‘‘Approval were referred or ordered to lie on the ment Corporation, Department of Transpor- and Promulgation of Implementation Plans; table as indicated: tation, transmitting, pursuant to law, the re- Texas; Reasonably Available Control Tech- POM–612. A resolution adopted by the Sen- port of a rule entitled ‘‘Seaway Regulations nology for Major Stationary Sources of Ni- ate of the Commonwealth of Massachusetts and Rules’’ (RIN2135–AA11) received on Au- trogen Oxides in the Houston/Gaveston, relative to the Ricky Ray Hemophilia Relief gust 24, 2000; to the Committee on Com- Beaumont/Port Arthur, and Dallas/Fort Act of 1998; to the Committee on Appropria- merce, Science, and Transportation. Worth Ozone Nonattainment Areas’’ (FRL tions. EC–10507. A communication from the At- #6860–3) received on August 24, 2000; to the RESOLUTION torney Advisor, National Highway Traffic Committee on Environment and Public Safety Administration, Department of Works. Whereas, Congress passed the Ricky Ray Transportation, transmitting, pursuant to EC–10517. A communication from the Dep- Hemophilia Relief Fund Act of 1998; and law, the report of a rule entitled ‘‘Public uty Associate Administrator of the Environ- Whereas, the Ricky Ray Hemophilia Relief Participation in Activities Relating to the mental Protection Agency, transmitting, Act was passed to provide for compassionate Agreement on Global Technical Regulations: pursuant to law, the report of two rules enti- payments to individuals with blood-clotting Statement of Policy’’ (RIN2127–AH29) re- tled ‘‘Approval and Promulgation of Air disorders, such as hemophilia; and ceived on August 24, 2000; to the Committee Quality Implementation Plans; Maryland; Whereas, in its review of the events sur- on Commerce, Science, and Transportation. Control of Iron and Steel Production Instal- rounding the HIV infection of thousands of EC–10508. A communication from the At- lations’’ (FRL #6845–8) and ‘‘Revisions to the people with blood-clotting disorders, such as torney, National Highway Traffic Safety Ad- California State Implementation Plan, San hemophilia, a 1995 study, entitled ‘‘HIV and ministration, Department of Transportation, Joaquin Valley Unified Air Pollution Control the Blood Supply’’, of the Institute of Medi- transmitting, pursuant to law, the report of District’’ (FRL #6852–5) received on August cine found a failure of leadership and inad- a rule entitled ‘‘Open Container Law’’ 28, 2000; to the Committee on Environment equate institutional decision-making process (RIN2127–AH41) received on August 24, 2000; and Public Works. in the system responsible for ensuring blood to the Committee on Commerce, Science, EC–10518. A communication from the Sec- safety, concluding that a failure of leader- and Transportation. retary of Education, transmitting, a draft of ship led to less than effective donor screen- EC–10509. A communication from the Trial proposed legislation entitled ‘‘National Edu- ing, weak regulatory actions and insufficient Attorney, Federal Railroad Administration, cation Research and Statistics Act of 2000’’; communication to patients about the risk of Department of Transportation, transmitting, to the Committee on Health, Education, AIDS; and pursuant to law, the report of a rule entitled Labor, and Pensions. Whereas, this legislation, named after a ‘‘Statement of Policy Regarding Safety of EC–10519. A communication from the Act- teenage hemophiliac who died from AIDS, Railroad Bridges’’ (RIN2130–AA99) received ing Deputy Solicitor, Office of the Solicitor, was enacted to provide financial relief to the on August 28, 2000; to the Committee on Department of the Interior, transmitting, families of hemophiliacs who were dev- Commerce, Science, and Transportation. pursuant to law the report of a rule entitled astated by the Federal Government’s policy EC–10510. A communication from the Asso- ‘‘Legal Process: Testimony of Employees and failure in the handling of the AIDS epidemic; ciate Bureau Chief, Wireless Telecommuni- Production of Records’’ (RIN1090–AA76) re- and cations Bureau, Federal Communications ceived on August 28, 2000; to the Committee Whereas, now that the relief bill has been Commission, transmitting, pursuant to law, on Energy and Natural Resources. signed into law by the President, Congress the report on a rule entitled ‘‘In the Matter EC–10520. A communication from the As- has been reticent to fund it; Now, therefore, of the Development of Operational, Tech- sistant Secretary, Legislative Affairs, De- be it nical and Spectrum Requirements for Meet- partment of State, transmitting, pursuant to Resolved, That the Massachusetts Senate ing Federal, State and Local Public Safety law, the report of a rule concerning a new urges the Congress of the United States to Agency Communication Requirements procedure for payment of certain immigrant fully fund the Ricky Ray Hemophilia Relief Through the Year 2010; Establishment of visa fees received on August 24, 2000; to the Act of 1998 in the year 2000 so that there is Rules and Requirements for Priority Access Committee on Foreign Relations. no delay between the authorization and

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.073 pfrm02 PsN: S05PT1 S8018 CONGRESSIONAL RECORD — SENATE September 5, 2000 timely appropriation of this relief; and be it Department of Defense High School, for his of beaches and coastal recreation water, and further many hours of voluntary service to their for other purposes (Rept. No. 106–366). Resolved, That copies of these resolutions Communities; By Mr. CAMPBELL, from the Committee be transmitted forthwith by the clerk of the Whereas, in 1994 ‘‘Al’’ was selected and rec- on Indian Affairs, with an amendment in the Senate to the President of the United States, ognized as one of Ten Employees of the Year nature of a substitute and an amendment to the presiding officer of each branch of Con- in the ‘‘Magnificent Seven Program,’’ a pres- the title: gress and the members thereof from this tigious event which recognizes individuals S. 1148: A bill to provide for the Yankton commonwealth. and groups for their achievements and con- Sioux Tribe and the Santee Sioux Tribe of tributions in the service of the government Nebraska certain benefits of the Missouri POM–616. A resolution adopted by the of Guam; and River Basin Pick-Sloan project, and for House of the Commonwealth of Massachu- Whereas, ‘‘Al’’ is one (1) of just four (4) other purposes (Rept. No. 106–367). setts relative to lower gasoline prices; to the nominees for the 2000 ‘‘Governor’s Award of By Mr. CAMPBELL, from the Committee Committee on Energy and Natural Re- Excellence,’’ recognized for his innumerable on Indian Affairs, with an amendment in the sources. contributions to the Community over the nature of a substitute: S. 1658: A bill to authorize the construction RESOLUTION years, including, but not limited to, volun- of a Reconciliation Place in Fort Pierre, Whereas, the Massachusetts House of Rep- teering his time to speak to students and members of the Community in outreach pro- South Dakota, and for other purposes (Rept. resentatives urges the Congress of the No. 106–368). United States to take any and all appro- grams about the significance of preserving one’s culture and past; and By Mr. SMITH, of New Hampshire, from priate action to lower gasoline prices; and the Committee on Environment and Public Whereas, gasoline prices have skyrocketed Whereas, ‘‘Al’’ is an accomplished artist whose many donated artworks appear proud- Works, without amendment: over the past several months, and in some S. 2297: A bill to reauthorize the Water Re- ly displayed in all parts of the Island; and instances, the price per gallon at the pump sources Research Act of 1984 (Rept. No. 106– Whereas, ‘‘Al’’ was awarded the ‘‘Bronze has increased over 50 percent resulting in 369). Star Medal’’ for valor, the ‘‘Combat Infan- gasoline prices that are at historically high S. 2878: A bill to commemorate the centen- try’s Badge’’ and other Campaign medals for levels; and nial of the establishment of the first na- his patriotic service and achievement during Whereas, an undue hardship has been tional wildlife refuge in the United States on the Vietnam War; and placed upon senior citizens, fixed income March 14, 1903, and for other purposes (Rept. Whereas, ‘‘Al’’ suffers from Post-Trau- earners, and persons dependent upon auto- No. 106–370). mobile transportation; and matic Stress Disorder (‘‘PSTD’’) and was ac- By Mr. MURKOWSKI, from the Committee Whereas, the inexplicable jump in gasoline cepted to participate in the PTSD Residen- on Energy and Natural Resources, with an prices will increase the cost of public trans- tial Rehabilitative Program in Hilo, Hawaii, amendment: portation; and to deal with the trauma scars acquired dur- S. 134: A bill to direct the Secretary of the Whereas, the dramatic rise in gasoline ing this service to our Country in Vietnam; Interior to study whether the Apostle Is- prices has increased the costs of transporting and lands National Lakeshore should be pro- goods, thus increasing the cost of living for Whereas, it would be against the interests tected as a wilderness area (Rept. No. 106– not only the residents of the commonwealth, of both ‘‘Al’’ and the Island Community, and 371). but also for all Americans; Therefore be it would not advance the cause of justice and By Mr. MURKOWSKI, from the Committee Resolved, That the Massachusetts House of retribution if he were to be incarcerated for on Energy and Natural Resources, without Representatives urges the Congress of the a full year; Now, therefore,´ be it. amendment: United States to initiate any and all appro- Resolved, That I MinaBente Singko Na S. 729: A bill to ensure that Congress and priate actions to lower gasoline prices; and Liheslaturan Guahan does hereby, on behalf the public have the right to participate in be it further of the people of Guam, respectfully request the declaration of national monuments on Resolved, That a copy of these resolutions that clemency be granted to Veteran federal land ((Rept. No. 106–372). be forwarded by the clerk of the House of Alejandro T.B. Lizama by President William By Mr. MURKOWSKI, from the Committee Representatives to the presiding officer of J. Clinton, that his sentence be commuted on Energy and Natural Resources, with an each branch of Congress and to the members and that he be released and returned to amendment in the nature of a substitute: thereof from the commonwealth. Guam; and be it further S. 1612: A bill to direct the Secretary of the Resolved, That the Speaker certify, and the Interior to convey certain irrigation project POM–618. A resolution adopted by the Leg- Legislative Secretary attests to, the adop- property to certain irrigation and reclama- islature of the Commonwealth of Guam rel- tion hereof and that copies of the same be tion districts in the State of Nebraska (Rept. ative to clemency; to the Committee on En- thereafter transmitted to the Honorable Wil- No. 106–373). ergy and Natural Resources. liam J. Clinton, President of the United By Mr. MURKOWSKI, from the Committee RESOLUTION NO. 368 States of America; to the President of the on Energy and Natural Resources, with Whereas, Mr. Alejandro T. B. Lizama, United States Senate; to the Speaker of the amendments: S. 1643: A bill to authorize the addition of known to his friends and the large number of United States House of Representatives; to certain parcels to the Effigy Mounds Na- civic and community organizations as ‘‘Al,’’ the Secretary General of the United Nations; tional Monument, Iowa (Rept. No. 106–374). was arrested and sentenced to a year in pris- to the National Organization for the Ad- S. 1972: A bill to direct the Secretary of ag- on for charges stemming from an incident at vancement of Chamoru People; to the Honor- riculture to convey to the town of Dolores, the U.S. District Court of Guam; and able Congressman Robert A. Underwood, Colorado, the current site of the Joe Rowell Whereas, ‘‘Al’’ is a Historic Preservation Member of the U.S. House of Representa- Park (Rept. No. 106–375). Specialist II employed with the Historic Re- tives; and ´to the Honorable Carl T.C. Gutier- rez, I Magalahen Guahan. By Mr. MURKOWSKI, from the Committee sources Division of the Guam Department of on Energy and Natural Resources, with an f Parks and Recreation, devoting his life work amendment in the nature of a substitute: to the study, documentation and preserva- S. 2051: A bill to revise the boundaries of tion of the Chamorro culture through art, re- REPORTS OF COMMITTEES RECEIVED DURING RECESS the Golden Gate National Recreation Area, search and outreach; and and for other purposes (Rept. No. 106–376). Whereas, ‘‘Al,’’ during his over twenty-five Under the authority of the order of By Mr. MURKOWSKI, from the Committee (25) years of service as an employee of the the Senate of July 26, 2000, the fol- on Energy and Natural Resources: Guam Department of Parks and Recreation Report to accompany S. 2279, A bill to au- has shared this knowledge with the military lowing reports of committees were sub- mitted on August 25, 2000: thorize the addition of land to Sequoia Na- and federal community, including those from tional Park, and for other purposes (Rept. the Department of the Air Force, the Depart- By Mr. JEFFORDS, from the Committee No. 106–377). ment of Defense school system, and the Navy on Health, Education, Labor, and Pensions, By Mr. MURKOWSKI, from the Committee Family Service Center, voluntarily con- with an amendment in the nature of a sub- on Energy and Natural Resources, without ducting ‘‘Welcome to Guam Orientation’’ stitute: amendment: programs and other outreach programs; and S. 2764: A bill to amend the National and S. 2300: A bill to amend the Mineral Leas- Whereas, ‘‘Al’’ is the recipient of countless Community Service Act of 1990 and the Do- ing Act to increase the maximum acreage of certificates of appreciation and commenda- mestic Volunteer Service Act of 1973 to ex- Federal leases for coal that may be held by tion, voluntary service awards and certifi- tend the authorizations of appropriations for an entity in any 1 State (Rept. No. 106–378). cates of appreciation, including those from the programs carried out under such Acts, By Mr. THOMPSON, from the Committee Major General Richard T. Swope, USAF and for other purposes (Rept. No. 106–365). on Governmental Affairs, with an amend- Commander, Thirteenth Air Force; Colonel By Mr. SMITH, of New Hampshire, from ment in the nature of a substitute: Stephen M. McClain, USAF Commander, 633d the Committee on Environment and Public S. 1564: A bill to protect the budget of the Air Base Wing; Commander D. L. Metzig, Works, with an amendment in the nature of Federal courts (Rept. No. 106–379). U.S. Navy, Director of Navy Family Service a substitute: By Mr. MURKOWSKI, from the Committee Center Guam, by direction of the Com- S. 522: A bill to amend the Federal Water on Energy and Natural Resources, with mander; and Principal Steven Dozier, Guam Pollution Control Act to improve the quality amendments:

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.040 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8019 S. 2343: A bill to amend the National His- By Mr. MURKOWSKI, from the Committee eral of the United States in making any toric Preservation Act for the purposes of es- on Energy and Natural Resources, with an changes to the rates of reimbursement for tablishing a national historic lighthouse amendment: such services; to the Committee on Finance. preservation program (Rept. No. 106–380). H.R. 468: A bill to establish the Saint Hel- By Mr. INOUYE: By Mr. MURKOWSKI, from the Committee ena Island National Scenic Area (Rept. No. S. 3004. A bill to amend the Internal Rev- on Energy and Natural Resources, without 106–392). enue Code of 1986 to provide tax relief for the amendment: By Mr. MURKOWSKI, from the Committee conversion of cooperative housing corpora- S. 2499: A bill to extend the deadline for on Energy and Natural Resources, with tions into condominiums; to the Committee commencement of construction of a hydro- amendments: on Finance. electric project in the State of Pennsylvania H.R. 992: A bill to convey the Sly Park f (Rept. No. 106–381). Dam and Reservoir to the El Dorado Irriga- By Mr. MCCAIN, from the Committee on tion District, and for other purposes (Rept. SUBMISSION OF CONCURRENT AND Commerce, Science, and transportation, with No. 106–393). SENATE RESOLUTIONS an amendment in the nature of a substitute: H.R. 1695: A bill to provide for the convey- S. 1407: A bill to authorize appropriations ance of certain Federal public lands in the The following concurrent resolutions for the Technology Administration of the Ivanpah Valley, Nevada, to Clark County, and Senate resolutions were read, and Department of Commerce for fiscal years Nevada, for the development of an airport fa- referred (or acted upon), as indicated: 2000, 2001, and 2002, and for other purposes cility, and for other purposes (Rept. No. 106– By Ms. LANDRIEU (for herself, Mrs. (Rept. No. 106–382). 394). FEINSTEIN, Mrs. HUTCHISON, Ms. COL- By Mr. BOND, from the Committee on By Mr. SMITH, of New Hampshire, from LINS, Mrs. MURRAY, Mrs. BOXER, Mrs. Small Business, with an amendment in the the Committee on environment and Public LINCOLN, Ms. MIKULSKI, and Ms. nature of a substitute: Works, without amendment: S. 1594: A bill to amend the Small Business SNOWE): H.R. 999: A bill to amend the Federal Water S. Res. 347. A resolution designating the Act and Small Business Investment Act of Pollution Control Act to improve the quality 1958 (Rept. No. 106–383). week of September 17, 2000, through Sep- of coastal recreation waters, and for other tember 23, 2000, as National Ovarian Cancer By Mr. MCCAIN, from the Committee on purposes. Commerce, Science, and Transportation, Awareness Week; to the Committee on the with an amendment in the nature of a sub- f Judiciary. stitute: REPORTS OF COMMITTEES f S. 1639: A bill to authorize appropriations for carrying out the Earthquake Hazards Re- RECEIVED DURING RECESS STATEMENTS ON INTRODUCED duction Act of 1977, for the National Weather Under the authority of the order of BILLS AND JOINT RESOLUTIONS Service and Related Agencies, and for the the Senate of January 6, 1999, the fol- United States Fire Administration for fiscal By Mr. BINGAMAN (for himself, lowing reports of committees were sub- Mr. MCCAIN, Mr. HOLLINGS, years 2000, 2001, and 2002 (Rept. No. 106–384). mitted on August 30, 2000: By Mr. MCCAIN, from the Committee on Mrs. MURRAY, Mr. BROWNBACK, Commerce, Science, and Transportation, By Mr. DOMENICI, from the Committee on Mr. DOMENICI, Mr. BREAUX, Mr. with amendments: Appropriations: ROBB, Mr. TORRICELLI, and Mr. Report to accompany H.R. 4733, A bill S. 1687: A bill to amend the Federal Trade GORTON): Commission Act to authorize appropriations making appropriations for energy and water development for the fiscal year ending Sep- S. 3002. A bill to authorize a coordi- for the Federal Trade Commission (Rept. No. nated research program to ensure the 106–385). tember 30, 2001, and for other purposes (Rept. By Mr. MCCAIN, from the Committee on No. 106–395). integrity, safety and reliability of nat- Commerce, Science, and Transportation, f ural gas and hazardous liquids pipe- without amendment: lines, and for other purposes; to the S. 2412: A bill to amend title 49, United REPORTS OF COMMITTEES Committee on Commerce, Science, and States Code, to authorize appropriations for RECEIVED DURING RECESS Transportation. the National transportation Safety Board for THE PIPELINE INTEGRITY, SAFETY AND RELI- fiscal years 2000, 2001, 2002, and 2003, and for Under the authority of the order of ABILITY RESEARCH AND DEVELOPMENT ACT OF other purposes (Rept. No. 106–386). the Senate of January 6, 1999, the fol- 2000 By Mr. MCCAIN, from the Committee on lowing reports of committees were sub- Commerce, Science, and Transportation, mitted on August 30, 2000: Mr. BINGAMAN. Mr. President, I rise with an amendment in the nature of a sub- By Mr. DOMENICI, from the Committee on today to address a serious issue cur- stitute: Appropriations: rently pending in the Senate—pipeline S. 2438: A bill to provide for enhanced safe- Report to accompany H.R. 4733, a bill mak- safety. On August 19, there was a tragic ty, public awareness, and environmental pro- ing appropriations for energy and water de- pipeline accident in my state of New tection in pipeline transportation, and for velopment for the fiscal year ending Sep- Mexico. A natural gas transmission other purposes (Rept. No. 106–387). tember 30, 2001, and for other purposes (Rept. line ruptured at 5:30 a.m. that Satur- S. 2440: A bill to amend title 49, United No. 106–395). States Code, to improve airport security day morning in a rural area south of (Rept. No. 106–388). f Carlsbad, NM. Unfortunately, the rup- By Mr. CAMPBELL, from the Committee ture occurred near a popular fishing INTRODUCTION OF BILLS AND on Indian Affairs, with an amendment in the spot along the Pecos river. Two fami- nature of a substitute: JOINT RESOLUTIONS lies were camped below the bridge tra- S. 1929: A bill to amend the Native Hawai- The following bills and joint resolu- versed by the pipeline. Eleven people, ian Health Care improvement Act to revise tions were introduced, read the first including five small children, died and extend such Act (Rept. No. 106–389). By Mr. LUGAR, from the Committee on and second times by unanimous con- when their favorite camping spot was Agriculture, Nutrition, and Forestry, with sent, and referred as indicated: overcome by heat and flames. I have an amendment in the nature of a substitute: By Mr. BINGAMAN (for himself, Mr. just learned that the one survivor, S. 2697: A bill to reauthorize and amend the MCCAIN, Mr. HOLLINGS, Mrs. MURRAY, Amanda Smith, died earlier today. I Commodity Exchange Act to promote legal Mr. BROWNBACK, Mr. DOMENICI, Mr. would like to include a couple of arti- certainty, enhance competition, and reduce BREAUX, Mr. ROBB, Mr. TORRICELLI, cles about the victims to be printed in systemic risk in markets for futures and and Mr. GORTON): the RECORD after my statement. They over-the-counter derivatives, and for other S. 3002. A bill to authorize a coordinated purposes (Rept. No. 106–390). research program to ensure the integrity, should be remembered as individuals, By Mr. LUGAR, from the Committee on safety and reliability of natural gas and haz- not mere statistics. Agriculture, Nutrition, and Forestry, with- ardous liquids pipelines, and for other pur- This was a human tragedy I can bare- out amendment: poses; to the Committee on Commerce, ly describe. I spoke briefly with Martha S. 3001: A bill to amend the United States Science, and Transportation. Chapman, mother of two of the vic- Grain Standards Act to extend the authority By Mr. ASHCROFT (for himself, Mr. tims, and grandmother of two of the of the Secretary of Agriculture to collect HAGEL, and Mr. ABRAHAM): children. She had just returned to fees, extend the authorization of appropria- S. 3003. A bill to preserve access to out- Carlsbad for the funeral from Lubbock tions, and improve the administration of patient cancer therapy services under the that Act, to amend the United States Ware- medicare program by requiring the Health where she had been keeping vigil at the house Act to authorize the issuance of elec- Care Financing Administration to follow ap- bedside of her daughter-in-law. She was tronic warehouse receipts, and for other pur- propriate procedures and utilize a formal na- devastated. She said her whole life was poses (Rept. No. 106–391). tionwide analysis by the Comptroller Gen- gone. She begged me to do what I could

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.052 pfrm02 PsN: S05PT1 S8020 CONGRESSIONAL RECORD — SENATE September 5, 2000 to make sure something like this a point near a sharp bend in the pipe. ated plan of action to address the most would never happen to another family. An electronic internal inspection de- critical R&D needs to ensure pipeline I had no words that could ease her vice, commonly called a smart pig, integrity, safety and reliability. The grief, but I promised to do what I could which is used for detecting corrosion in Advisory Committee would include when I returned to Washington. That a pipeline, could not be run through representatives of the natural gas, oil afternoon I went out to the site to see that section of pipe because of the and petroleum product pipelines, the firsthand the damage and what was bend. Currently, about the only way to national labs, universities, the indus- being done to determine the cause of inspect sections of pipe such as this is try research groups, state pipeline safe- the rupture. to dig up the pipe and evaluate it di- ty officials, environmental organiza- I spent several hours with Kelley rectly. The company in New Mexico is tions, pipeline safety advocates and Coyner, the chief pipeline safety offi- doing just that along nearly 400 miles any other technical experts the Acad- cial at the Department of Transpor- of pipeline to ensure there are not any emy includes. tation, and some of her engineers and other vulnerable spots along the pipe. According to a recent GAO report, inspectors. What became abundantly But, with nearly 500,000 miles, and ‘‘From 1989 through 1998, pipeline acci- clear to me is that the Office of Pipe- growing, of transmission lines across dents resulted in an average of about 22 line Safety does not have adequate re- the country, this is not an optimal so- fatalities per year. Fatalities from sources to carry out its mandate. lution from the standpoint of time or pipeline accidents are relatively low There are only 55 inspectors for the en- cost. when compared with those from acci- tire interstate pipeline system. Sec- This country has the technological dents involving other forms of freight ondly, the agency needs the additional capability to collect data from the transportation: On average about 66 authority it has requested in the cur- outer reaches of the solar system; we people die each year from barge acci- rent reauthorization bill to address the should be able to develop technologies dents, about 590 from railroad acci- different circumstances on individual to measure pipeline integrity under six dents, and about 5100 from truck acci- pipelines. feet of soil without digging up thou- dents.’’ Recent accidents, including the The first thing we need to do is to en- sands of miles of pipe. tragedy in my state, have undermined sure the Office of Pipeline Safety has I asked one of the scientists from public confidence in the safety of pipe- the necessary resources to protect the Sandia National Laboratories, one of lines. As policymakers we must take public safety and the environment. The the Department of Energy’s multipur- responsibility for restoring that con- budget of the Office of Pipeline Safety pose labs, to come to Carlsbad with me fidence. is fully reimbursed by user fees charged to visit the site of the accident and to Natural gas and liquid pipelines are a to the pipeline operators, yet for the talk to the pipeline safety experts critical element of our nation’s energy last five years the Congress has under about the gaps in our technical capa- infrastructure. They provide a cost-ef- funded the agency’s budget request. bilities. The national labs have capa- fective and relatively safe means of de- For FY 2001 the request was $47 mil- bilities for remote sensing, satellite livering energy. As the economy has lion. The Senate has appropriated $43 monitoring and materials development grown, and become increasingly urban- million, the House only $40 million. I that could surely be adapted for better ized, siting new pipelines has become urge the conferees to increase the ap- testing and inspection of the pipeline more and more challenging. At the propriation for FY 2001 to at least the infrastructure. I am also wondering same time, the importance of these requested level. whether MEMS, the efforts at minia- pipelines has increased dramatically. Second, we need to pass the Pipeline turizing electronic equipment, could be Incidents on two gasoline pipelines, Safety Reauthorization bill. The bill applied to develop a smart pig, or de- relatively unnoticed since no one was reported by the Commerce Committee vice with the same purpose, to nego- injured, reduced their operations at a requires each and every interstate nat- tiate older pipelines. Sandia has been critical time this summer contributing ural gas and hazardous liquid pipeline working on a project to upgrade the to a gasoline price spike of $2.50 a gal- to develop and implement an integrity Russian pipeline system, the scientists lon in the northern Midwest. The rup- management plan. This approach will have the knowledge and expertise on ture of this major natural gas trans- give the Office of Pipeline Safety the pipeline operations to benefit our own mission line in New Mexico reduced supplies into California at a critical authority to impose more rigorous re- system. time of peak electricity demand. I hope quirements, as necessary, to address Since returning from Carlsbad, I have we don’t experience a major failure of a areas with the greatest likelihood of been working to develop a framework product line into the northeast this fall failures and on aging pipelines and for a collaborative R&D effort directed or winter which could send the price those in populated or environmentally by the Department of Transportation with the assistance of the Department heating oil off the charts. sensitive areas. This bill is a major I plan to offer my bill as an amend- of Energy and the National Academy of step toward ensuring the safety of our ment to the pipeline safety reauthor- Sciences. The Departments of Trans- pipeline infrastructure. I am con- ization when it comes before the Sen- portation and Energy, as well as a cerned, though, that the authorization ate. As the ranking member on the En- number of industry research groups, in- levels included in the bill as filed may ergy Committee and representative of not be adequate for the task of a very cluding the Pipeline Research Council a state crisscrossed with thousands of individualized approach that will re- International and the Gas Technology miles of pipelines, I urge my colleagues quire a significant increase in staffing Institute, currently conduct research to support passage of the pipeline safe- to address regional differences and on pipeline integrity, but there is no ty reauthorization bill with my amend- community-specific needs. coordinated, prioritized plan to ensure ment. I further urge you to support full I would like to commend the efforts the most critical issues are being ad- funding for the Office of Pipeline Safe- of Senator MCCAIN, chairman of the dressed in the most effective manner. I ty and the R&D program. Commerce Committee, and Senators am introducing a bill today, the Pipe- Let me indicate the cosponsors of MURRAY and GORTON and their staff, line Integrity, Safety and Reliability this legislation: Senators MCCAIN, HOL- who have all worked hard to move the Research and Development Act of 2000, LINGS, MURRAY, BROWNBACK, DOMENICI, reauthorization forward. I also want to that will set up such a structure led by BREAUX, ROBB, TORRICELLI, GORTON, acknowledge Senators BREAUX and the Department of Transportation. I KERRY, and LANDRIEU. I ask unanimous BROWNBACK for their efforts to include want to thank Senators MCCAIN, HOL- consent to have the bill and two arti- a workable set of requirements that LINGS, MURRAY, GORTON, ROBB, cles printed in the RECORD. can be fully implemented and enforced. BROWNBACK, BREAUX, DOMENICI, There being no objection, the mate- Although the National Transpor- LANDRIEU, KERRY and TORRICELLI for rial was ordered to be printed in the tation Safety Board has not deter- cosponsoring this bill. RECORD, as follows: mined the cause of the accident in New The bill directs DOT and DOE to S. 3002 Mexico, it appears that internal corro- work with an Advisory Committee set Be it enacted by the Senate and House of Rep- sion was a major factor. The trans- up by the National Academy of resentatives of the United States of America in mission line in New Mexico ruptured at Sciences to develop a five-year acceler- Congress assembled,

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.048 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8021

SECTION 1. SHORT TITLE. (c) AREAS.—In carrying out this Act, the ronmental organizations, pipeline safety ad- This Act may be cited as the ‘‘Pipeline In- Secretary of Transportation, in coordination vocates, and professional and technical soci- tegrity, Safety and Reliability Research and with the Secretary of Energy, shall consider eties. Development Act of 2000’’. research and development on natural gas, (f) IMPLEMENTATION.—The Secretary of SEC. 2. FINDINGS. crude oil and petroleum product pipelines Transportation shall have primary responsi- Congress finds that— for— bility for ensuring the five-year plan pro- (1) natural gas and hazardous liquid pipe- (1) early crack, defect, and damage detec- vided for in subsection (e) is implemented as lines are a critical element of our nation’s tion, including real-time damage moni- intended by this Act. In carrying out the re- energy infrastructure; toring; search, development, and demonstration ac- (2) pipeline transportation of natural gas (2) automated internal pipeline inspection tivities under this Act, the Secretary of and liquid fuels is a cost-effective means of sensor systems; Transportation and the Secretary of Energy delivering energy; (3) land use guidance and set back manage- may use, to the extent authorized under ap- (3) the nation’s reliance on pipelines is in- ment along pipeline rights-of-way for com- plicable provisions of law, contracts, cooper- creasing, especially for delivery of fuel to munities; ative agreements, cooperative research and densely populated areas; (4) internal corrosion control; development agreements under the Steven- (4) a number of the nation’s pipelines have (5) corrosion-resistant coatings; son-Wydler Technology Innovation Act of been in service for more than 50 years; (6) improved cathodic protection; 1980 (15 U.S.C. 3701 et seq.), grants, joint ven- (5) ensuring pipelines are constructed and (7) inspection techniques where internal in- tures, other transactions, and any other maintained to minimize the risks to safety spection is not feasible, including measure- form of agreement available to the Secretary and the environment is a national priority; ment of structural integrity; consistent with the recommendations of the (6) early detection of serious defects in a (8) external lead detection, including port- Advisory Committee. pipeline reduces the risk of accidents; able real-time video imaging technology, and (g) REPORTS TO CONGRESS.—The Secretary (7) pipeline operators and federal and state the advancement of computerized control of Transportation shall report to the Con- inspectors need advanced technologies to lo- center leak detection systems utilizing real- gress annually as to the status and results to cate and monitor pipelines before failures time remote field data input; date of the implementation of the research occur; (9) longer life, high strength, non-corrosive and development program plan. The report (8) the many benefits of pipeline transpor- pipeline materials; shall include the activities of the Depart- tation are in the national interest and it is (10) assessing the remaining strength of ex- ments of Transportation and Energy, the na- appropriate for the Federal Government to isting pipes; tional laboratories, universities, and any provide investment in fundamental and re- (11) risk and reliability analysis models, to other research organizations, including in- search-driven innovation in the areas of be used to identify safety improvements that dustry research organizations. pipeline materials, operations and inspec- could be realized in the near term resulting SEC. 4. PIPELINE INTEGRITY TECHNICAL ADVI- tions techniques; and from analysis of data obtained from a pipe- SORY COMMITTEE. (9) federal contributions to promoting line performance tracking initiative. (a) ESTABLISHMENT.—The Secretary of pipeline safety should be part of a coordi- (12) identification, monitoring, and preven- Transportation shall enter into appropriate nated research and development program tion of outside force damage, including sat- arrangements with the National Academy of under the Department of Transportation and ellite surveillance; and Sciences to establish and manage the Pipe- in coordination with the Department of En- (13) any other areas necessary to ensuring line Integrity Technical Advisory Com- ergy, the national laboratories, universities, the public safety and protecting the environ- mittee for the purpose of advising the Sec- the private sector and other research insti- ment. retary of Transportation and the Secretary tutes. (d) POINTS OF CONTACT.— of Energy on the development and imple- (1) IN GENERAL.—To coordinate and imple- SEC. 3. COOPERATION AND COORDINATION PRO- mentation of the five year research, develop- ment the research and development pro- GRAM FOR PIPELINE INTEGRITY RE- ment and demonstration program plan as de- grams and activities authorized under this SEARCH AND DEVELOPMENT. fined in Sec. 3(e). The Advisory Committee Act— (a) IN GENERAL.—The Secretary of Trans- shall have an ongoing role in evaluating the (A) the Secretary of Transportation shall portation, in coordination with the Sec- progress and results of the research, develop- designate, as the point of contact for the De- retary of Energy, shall develop and imple- ment and demonstration carried out under partment of Transportation, an officer of the ment an accelerated cooperative program of this Act. Department of Transportation who has been research and development to ensure the in- (b) MEMBERSHIP.—The National Academy tegrity of natural gas and hazardous liquid appointed by the President and confirmed by of Sciences shall appoint the members of the pipelines. This research and development the Senate; and Pipeline Integrity Technical Advisory Com- (B) the Secretary of Energy shall des- program shall include materials inspection mittee after consultation with the Secretary ignate, as the point of contact for the De- techniques, risk assessment methodology, of Transportation and the Secretary of En- partment of Energy, an officer of the Depart- and information systems surety. ergy. Members appointed to the Advisory ment of Energy who has been appointed by (b) PURPOSE.—The purpose of the coopera- Committee should have the necessary quali- the President and confirmed by the Senate. tive research program shall be to promote fications to provide technical contributions (2) DUTIES.— research and development to— to the purposes of the Advisory Committee. (A) The point of contact for the Depart- (1) ensure long-term safety, reliability and SEC. 5. AUTHORIZATION OF APPROPRIATION. service life for existing pipelines; ment of Transportation shall have the pri- mary responsibility for coordinating and (a) There are authorized to be appropriated (2) expand capabilities of internal inspec- to the Secretary of Transportation for car- tion devices to identify and accurately meas- overseeing the implementation of the re- search, development and demonstration pro- rying out this Act $3,000,000 which is to be ure defects and anomalies; derived from user fees (49 U.S.C. Sec. 60125), (3) develop inspection techniques for pipe- gram plan, as defined in subsections (e) and (f). for each of the fiscal years 2001 through 2005. lines that cannot accommodate the internal (b) Of the amounts available in the Oil inspection devices available on the date of (B) The points of contact shall jointly as- sist in arranging cooperative agreements for Spill Liability Trust Fund (26 U.S.C. Sec. enactment; 9509), $3,000,000 shall be transferred to the (4) develop innovative techniques to meas- research, development and demonstration in- volving their respective Departments, na- Secretary of Transportation to carry out ure the structural integrity of pipelines to programs for detection, prevention and miti- prevent pipeline failures; tional laboratories, universities and industry research organizations. gation of oil spills authorized in this Act for (5) develop improved materials and coat- each of the fiscal years 2001 through 2005. (e) RESEARCH AND DEVELOPMENT PROGRAM ings for use in pipelines; (c) There are authorized to be appropriated PLAN.—Within 240 days after the date of en- (6) improve the capability, reliability, and to the Secretary of Energy for carrying out practicality of external lead detection de- actment of this Act, the Secretary of Trans- portation, in coordination with the Sec- this Act such sums as may be necessary for vices; each of the fiscal years 2001 through 2005. (7) identify underground environments retary of Energy and the Pipeline Integrity Technical Advisory Committee, shall pre- that might lead to shortened service life; [From Current-argus.com, Wed., Aug. 23, pare and submit to the Congress a 5-year (8) enhance safety in pipeline siting and 2000] land use; program plan to guide activities under this (9) minimize the environmental impact of Act. In preparing the program plan, the Sec- FAMILY REFLECTS ON LOST LOVED ONES pipelines; retary shall consult with appropriate rep- (By Pam Easton) (10) demonstrate technologies that im- resentatives of the natural gas, crude oil and LUBBOCK.—She’s had four days to try and prove pipeline safety, reliability and integ- petroleum product pipeline industries to se- understand why she lost 11 family members rity; lect and prioritize appropriate project pro- to a pipeline explosion in southeastern New (11) provide risk assessment tools for opti- posals. The Secretary may also seek the ad- Mexico. Martha Chapman has come up with mizing risk mitigation strategies; and vice of utilities, manufacturers, institutions only one explanation so far—love. (12) provide highly secure information sys- of higher learning, federal agencies, the pipe- ‘‘This family has lived together, loved to- tems for controlling the operation of pipe- line research institutions, national labora- gether, camped together, fought together, lines. tories, state pipeline safety officials, envi- but never once been without love,’’ she said

VerDate 11-MAY-2000 04:03 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.048 pfrm02 PsN: S05PT1 S8022 CONGRESSIONAL RECORD — SENATE September 5, 2000 Tuesday from University Medical Center in investigators, at the scene found that corro- givers of their choice in settings that Lubbock. sion inside the damaged pipeline had eaten are close to the support structure of A fireball erupting from the explosion away half of the pipe’s wall in places. family, friends, and community. In ad- Bobby Smith’s wife, Jennifer, filed a fed- swept through the family’s campsite along dition, since the cost of cancer treat- the Pecos River early Saturday morning, eral lawsuit Aug. 30 in Albuquerque, alleging turning sand into glass and parts of a nearby El Paso Natural Gas ‘‘failed to properly com- ments are generally higher in hospital bridge into powder. ply with state and federal rules, regulations, in-patient settings than they are in Chapman and other relatives have kept a opinions and orders while operating an inter- outpatient settings, this ill-conceived vigil for the sole survivor, Amanda Smith. state gas transmission line’’ near the inter- proposal to force seniors into hospitals She remains in critical condition in the section of the Delaware and Pecos rivers in will actually cause Medicare spending hospital’s burn unit, suffering from burns Eddy County. to rise. more than 20 percent of her body and smoke The gas company also failed to ‘‘properly Mr. President, I have heard from inspect, maintain, and operate their inter- inhalation that has caused heart and kidney many Missourians—doctors, patients, problems. state gas transmission line,’’ which led to Amanda Smith’s brother, Jerry Rackley, the explosion and fire, the lawsuit said. and hospital officials—about how the said those who died are together again after Administration’s planned cuts in Medi- doing what they loved best: camping, fishing By Mr. ASHCROFT (for himself, care outpatient cancer care reimburse- and being with family. Mr. HAGEL, and Mr. ABRAHAM): ment rates will negatively impact pa- Killed were Amanda Smith’s parents, Don S. 3003. A bill to preserve access to tient care. I would like to share with and Glenda Sumler; her father-in-law, Bobby outpatient cancer therapy services my colleagues what some of them have Smith; her husband, Terry Smith; her son, under the medicare program by requir- told me. Dustin; her daughter, Kirsten; her brother- ing the Health Care Financing Admin- Dr. Burton Needles of St. Louis wrote and sister-in-law, Roy and Amy Heady; and istration to follow appropriate proce- their three children. to me to say that his patients prefer The losses have been staggering for every- dures and utilize a formal nationwide receiving chemotherapy in his office one involved, but they will most likely be analysis by the Comptroller General of rather than in the hospital, but that the hardest for Amanda Smith, Rackley said. the United States in making any the planned cuts would make it impos- ‘‘We need her,’’ Chapman said, weeping. changes to the rates of reimbursement sible for him to continue treating ‘‘She is my son’s wife. She is my daughter.’’ for such services; to the Committee on Medicare cancer patients in his office. A similar vigil was kept for Bobby Smith, Finance. On the other side of the state in Kansas Amanda’s father-in-law, who died Monday. CANCER CARE PRESERVATION ACT City, Dr. Christopher Sirridge said that Chapman said the family has managed to face each day by sharing prayers and memo- Mr. ASHCROFT. Mr. President, in re- the result would be less accessible care ries, knowing that those who died are now cent years, our nation has achieved for seniors with cancer, and even high- together with God. ‘‘That is why so many of tremendous advances in its War on er costs for the Medicare program. us have left this earth together,’’ Chapman Cancer—including developing break- In Columbia, officials at the Ellis said. ‘‘When we were placed on this earth, we through therapies and expanding the Fischel Cancer Center have told me were already genetically linked. Our lives cancer care delivery system of conven- that HCFA’s change in reimbursement were already intwined by God.’’ ient and low-cost community settings. rates would make it extremely difficult El Paso Natural Gas, which owned the This progress has enabled us to achieve for them to continue to be a source of pipeline, has put the family up in hotels, fed chemotherapy and supportive care for them, clothed them and made sure they go an unprecedented reduction in Amer- without any wants or needs. ican cancer deaths, which began in cancer patients. Rackley said extended family members 1998. And, finally, Mr. President, let me who have traveled to the hospital have eased Today, 90% of all chemotherapy share the words of a cancer patient, everyone’s pain. treatments are delivered in community Darlene Bahr, from St. Louis. Ms. Bahr ‘‘There are faces here that I’ve never seen settings like doctors’ offices and out- wrote to me: ‘‘I have been fighting can- before,’’ he said. ‘‘But they are family. They patient hospital settings. Two impor- cer for 18 years. This is the fourth time have a place in my heart and they always tant components of Medicare reim- I have cancer. I have been on a total of will.’’ bursement for outpatient cancer treat- four years of chemo, which had been [From A service of the Albuquerque Journal, ments support these community care successful. I am now on chemo and September 5, 2000] sites: payment for drugs themselves; hope it will be successful again.’’ Ms. and payment for the services of the Bahr continues: ‘‘If the physician’s of- LAST PIPELINE VICTIM DIES physicians, nurses, and other care- fice and the hospital cannot afford to CARLSBAD, N.M.—Amanda Smith, the only survivor of a pipeline explosion that givers who treat patients with cancer. give me these drugs, where will I get killed 11 members of her extended family Unfortunately, the Health Care Fi- them? Does Medicare want to elimi- Aug. 19, died Tuesday in a Lubbock hospital. nancing Administration has targeted nate cancer care?’’ Smith, 25, lost her husband and two chil- outpatient cancer therapy services for Mr. President, Medicare beneficiaries dren in the fiery blast that engulfed the fam- deep budget cuts. HCFA has proposed like Ms. Bahr—who are facing battles ily’s campsite near Carlsbad. to reduce drastically Medicare reim- against cancer—must not be saddled Her brother and Smith family members bursement rates for cancer drugs by with the added burden of worrying were with her when she died at 12:35 p.m. unilaterally changing the definition of about whether they will receive the CDT, said Gwen Stafford, vice president of ‘‘average wholesale price,’’ which is at University Medical Center in Lubbock. care they need, in the setting they Stafford said Smith never regained con- the heart of the current reimbursement choose. Many doctors have commu- sciousness at the Texas hospital. formula. While there are indications nicated to HCFA and Congress that the The pipeline owned by El Paso Energy that drug reimbursements have often Administration’s plan to cut payments Company blew up along the Pecos River 25 exceeded doctors’ and hospitals’ costs, for cancer-fighting drug treatments miles south of Carlsbad, sending a 350-foot- these margins have been used to help will likely prevent doctors from deliv- fireball into the sky and billows of flame cover costs for professional services, ering outpatient cancer care—leaving into the nearby campsite. which are inadequately reimbursed ac- thousands of seniors without this pre- Amanda Smith and her father-in-law, Bobby Smith, 43, were sent to he Lubbock cording to the cancer community, the ferred, and lower cost, option. hospital, where Bobby Smith died August 21. General Accounting Office, and HCFA Congress must act to ensure that our Also killed were Amanda Smith’s husband, itself. Yet HCFA has not made any ad- progress in cancer treatment is not un- Terry, 23; his 3-year-old son, Dustin; her justments in these professional serv- dermined by bureaucratic, inappro- daughter, Kirsten Sumler, 5; her parents, ices payments. priate changes to Medicare reimburse- Don Sumler and Glenda Sumler, 47, of Lov- The planned cuts in Medicare reim- ment rates for cancer care. ing; and Roy Lee Heady, 20; his wife Amy, 18, bursement rates threaten to force doc- Therefore, Mr. President, today, I am of Artesia, and their three daughters, 22- tors to send seniors with cancer out of introducing the Cancer Care Preserva- month-old Kelsey and 6-month-old twins the community settings where they tion Act, which will guarantee that Timber and Tamber. National Transportation Safety Board in- now receive care and into more expen- HCFA cannot implement any reduc- vestigators have not determined what caused sive in-patient settings. As a result, tions to Medicare reimbursement for the explosion and said it could take up to a seniors may lose the option of receiv- outpatient cancer treatment unless year to prepare a report. However, they said ing cancer treatments from the care- those changes: are developed in concert

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.056 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8023 with the General Accounting Office, ‘‘MedPAC’’), and representatives of the can- cause the owner is being taxed on a the Medicare Payment Advisory Com- cer care community, including patients, sur- transaction that is nothing more than mission, and representatives of the vivors, nurses, physicians, and researchers; a change in the form of ownership. cancer care community, including pa- (2) provide for appropriate payment rates While the Internal Revenue Service for outpatient cancer therapy services, based tients, survivors, nurses, physicians, upon the determinations made by the Comp- concedes that there are no discernible and researchers; provide for appro- troller General of the United States in the advantages to society from the cooper- priate payment rates for outpatient nationwide analysis required under section 4 ative form of ownership, it does not cancer therapy services, based upon the of this Act; and view Federal tax statutes as having the determinations made by the General (3) are authorized by an Act of Congress. flexibility to allow co-ops to re-orga- Accounting Office; and are authorized SEC. 4. FORMAL NATIONWIDE ANALYSIS OF CLIN- nize freely as condominiums. by an act of Congress. ICAL RESOURCES NECESSARY TO In cooperative housing, real property PROVIDE SAFE OUTPATIENT CAN- My legislation also will require GAO CER THERAPY SERVICES. ownership is vested in a corporation, to complete a formal nationwide anal- (a) ANALYSIS.— with shares of stock for each apart- ysis to determine the physician and (1) IN GENERAL.—The Comptroller General ment unit, that are sold to buyers. The non-physician clinical resources nec- of the United States shall conduct a nation- corporation then issues a proprietary essary to provide safe outpatient can- wide analysis to determine the physician and lease entitling the owner of the stock cer therapy services. In addition, GAO non-physician clinical resources necessary to to the use of the unit in perpetuity. Be- must determine the appropriate pay- provide safe outpatient cancer therapy serv- cause the investment is in the form of ment rates for such services under the ices and the appropriate payment rates for a share of stock, investors sometimes such services under the medicare program Medicare program. under title XVIII of the Social Security Act lose their entire investment as a result Medicare beneficiaries with cancer (42 U.S.C. 1395 et seq.). of debt incurred by the corporation in must be confident that they will con- (2) ISSUES ANALYZED.—In conducting the construction and development. In addi- tinue to receive the care they need, in analysis under paragraph (1), the Comp- tion, due to the structure of a coopera- the setting they choose, without risk troller General of the United States shall tive housing corporation, a prospective of arbitrary and unexpected reductions determine— purchaser of shares in the corporation in reimbursement that may force their (A) the adequacy of practice expense rel- from an existing tenant-stockholder doctors to cease offering treatment or ative value units associated with the utiliza- has difficulty obtaining mortgage fi- tion of those clinical resources; refer them to a different facility for (B) the adequacy of work units in the prac- nancing for the purchase. Furthermore, treatment. tice expense formula; and tenant-stockholders of cooperative So today, I urge my colleagues to (C) the necessity for an additional reim- housing also encounter difficulties in join with me in ensuring that our sen- bursement methodology for outpatient can- securing bank loans for the full value iors receive full access to the life-sav- cer therapy services that falls outside the of their investment. ing therapies they need in the settings practice expense formula. As a result, owners of cooperative they choose, by cosponsoring the Can- (3) CONSULTATION.—In conducting the anal- housing are increasingly looking to- cer Care Preservation Act. ysis under paragraph (1), the Comptroller ward conversion to condominium own- General of the United States shall consult Mr. President, I ask unanimous con- with Administrator of the Health Care Fi- ership regimes. Condominium owner- sent that the Cancer Care Preservation nancing Administration, MedPAC, and rep- ship permits each owner of a unit to di- Act be printed in the RECORD imme- resentatives of the cancer care community, rectly own the unit itself, eliminating diately following my remarks. including patients, survivors, nurses, physi- the cooperative housing dilemmas of I yield the floor. cians, and researchers. corporate debt that supersedes the in- There being no objection, the bill was (b) REPORT.—Not later than 1 year after vestment of cooperative housing share ordered to be printed in the RECORD, as the date of enactment of this Act, the Comp- owners, and other financial concerns. follows: troller General of the United States shall The legislation I introduce today will submit a report to Congress on the analysis S. 3003 conducted under subsection (a) together with remove the penalty of double taxation Be it enacted by the Senate and House of Rep- recommendations for such legislative and from the cooperative housing to condo- resentatives of the United States of America in administrative action as the Comptroller minium ownership, and will greatly Congress assembled, General of the United States determines ap- benefit co-op owners across the Nation. SECTION 1. SHORT TITLE. propriate. I urge my colleagues’ consideration This Act may be cited as the ‘‘Cancer Care and support for this measure. Preservation Act of 2000’’. By Mr. INOUYE: Mr. President, I ask unanimous con- SEC. 2. FINDING. S. 3004. A bill to amend the Internal sent that the text of this bill be printed Congress finds that in light of the tremen- Revenue Code of 1986 to provide tax re- in the RECORD dous advances achieved by this Nation in its lief for the conversion of cooperative There being no objection, the bill was war on cancer, including the development of housing corporations into condomin- ordered to be printed in the RECORD as breakthrough therapies, the expansion of the iums; to the Committee on Finance. cancer care delivery system to convenient follows: TO PROVIDE TAX RELIEF FOR THE CONVERSION and low-cost community settings, and the S. 3004 OF COOPERATIVE HOUSING CORPORATIONS unprecedented annual reduction in American INTO CONDOMINIUMS Be it enacted by the Senate and House of Rep- cancer deaths beginning in 1998, legislation resentatives of the United States of America in is needed to ensure that these advances are Mr. INOUYE. Mr. President, today I Congress assembled, rise to introduce legislation that would not undermined by inappropriate changes to SECTION 1. NONRECOGNITION OF GAIN OR LOSS rates of reimbursement for outpatient cancer amend the Internal Revenue Code of ON DISTRIBUTIONS BY COOPERA- therapy services under the medicare program 1986 to allow Cooperative Housing Cor- TIVE HOUSING CORPORATIONS. under title XVIII of the Social Security Act porations (Co-ops) to convert to condo- (a) IN GENERAL.—Section 216(e) of the In- (42 U.S.C. 1395 et seq.). minium forms of ownership without ternal Revenue Code of 1986 (relating to dis- SEC. 3. PRESERVATION OF REIMBURSEMENT any immediate tax consequences. tributions by cooperative housing corpora- RATES FOR OUTPATIENT CANCER Under current law, a conversion from tions) is amended to read as follows: THERAPY SERVICES. ‘‘(e) DISTRIBUTIONS BY COOPERATIVE HOUS- Notwithstanding any other provision of cooperative shareholding to condo- ING CORPORATIONS.— law, the Administrator of the Health Care minium ownership is taxable at a cor- ‘‘(1) IN GENERAL.—Except as provided in Financing Administration may not imple- porate level as well as an individual regulations— ment any reduction to the rates of reim- level. The conversion is treated as a ‘‘(A) no gain or loss shall be recognized to bursement for outpatient cancer therapy corporate liquidation, and therefore a cooperative housing corporation on the dis- services under the medicare program under taxed accordingly. In addition, a cap- tribution by such corporation of a dwelling title XVIII of the Social Security Act (42 ital gains tax is levied on any increase unit to a stockholder in such corporation if U.S.C. 1395 et seq.), unless such reductions— between the owner’s basis in the co-op such distribution is in exchange for the (1) are developed in consultation with the stockholder’s stock in such corporation, and Comptroller General of the United States, share pre-conversion and the market ‘‘(B) no gain or loss shall be recognized to the Medicare Payment Advisory Commission value of the condominium interest a stockholder of such corporation on the established under section 1805 of such Act (42 post-conversion. This double taxation transfer of such stockholder’s stock in an ex- U.S.C. 1395b–6) (in this Act referred to as dissuades condominium conversion be- change described in subparagraph (A).

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.054 pfrm02 PsN: S05PT1 S8024 CONGRESSIONAL RECORD — SENATE September 5, 2000 ‘‘(2) BASIS.—The basis of a dwelling unit (Mr. BROWNBACK), the Senator from 1941, a bill to amend the Federal Fire acquired in a distribution to which para- North Dakota (Mr. DORGAN) and the Prevention and Control Act of 1974 to graph (1) applies shall be the same as the Senator from Rhode Island (Mr. L. authorize the Director of the Federal basis of the stock in the cooperative housing CHAFEE) were added as cosponsors of S. Emergency Management Agency to corporation for which it is exchanged, de- creased in the amount of any money received 1109, a bill to conserve global bear pop- provide assistance to fire departments by the taxpayer in such exchange.’’. ulations by prohibiting the importa- and fire prevention organizations for (b) EFFECTIVE DATE.—The amendment tion, exportation, and interstate trade the purpose of protecting the public made by this section shall apply to distribu- of bear viscera and items, products, or and firefighting personnel against fire tions after the date of the enactment of this substances containing, or labeled or ad- and fire-related hazards. Act. vertised as containing, bear viscera, S. 2003 f and for other purposes. At the request of Mr. JOHNSON, the ADDITIONAL COSPONSORS S. 1196 name of the Senator from Kansas (Mr. S. 345 At the request of Mr. L. CHAFEE, his ROBERTS) was added as a cosponsor of At the request of Mr. ALLARD, the name was added as a cosponsor of S. S. 2003, a bill to restore health care name of the Senator from Rhode Island 1196, a bill to improve the quality, coverage to retired members of the (Mr. L. CHAFEE) was added as a cospon- timeliness, and credibility of forensic uniformed services. sor of S. 345, a bill to amend the Ani- science services for criminal justice S. 2133 mal Welfare Act to remove the limita- purposes. At the request of Mr. L. CHAFEE, his tion that permits interstate movement S. 1277 name was added as a cosponsor of S. of live birds, for the purpose of fight- At the request of Mr. GRASSLEY, the 2133, a bill to temporarily suspend the ing, to States in which animal fighting name of the Senator from Nebraska duty on Solvent Blue 124. is lawful. (Mr. KERREY) was added as a cosponsor S. 2134 S. 482 of S. 1277, a bill to amend title XIX of At the request of Mr. L. CHAFEE, his At the request of Mr. ABRAHAM, the the Social Security Act to establish a name was added as a cosponsor of S. name of the Senator from Alaska (Mr. new prospective payment system for 2134, a bill to temporarily suspend the MURKOWSKI) was added as a cosponsor Federally-qualified health centers and duty on Solvent Blue 104. of S. 482, a bill to amend the Internal rural health clinics. S. 2135 Revenue Code of 1986 to repeal the in- S. 1419 At the request of Mr. L. CHAFEE, his crease in the tax on the social security At the request of Mr. MCCAIN, the name was added as a cosponsor of S. benefits. name of the Senator from Arkansas 2135, a bill to temporarily suspend the S. 522 (Mr. HUTCHINSON) was added as a co- duty on Pigment Red 176. At the request of Mr. LAUTENBERG, sponsor of S. 1419, a bill to amend title the names of the Senator from Michi- S. 2136 36, United States Code, to designate At the request of Mr. L. CHAFEE, his gan (Mr. LEVIN) and the Senator from May as ‘‘National Military Apprecia- name was added as a cosponsor of S. Hawaii (Mr. AKAKA) were added as co- tion Month.’’ sponsors of S. 522, a bill to amend the 2136, a bill to temporarily suspend the Federal Water Pollution Control Act to S. 1536 duty on benzenesulfonamide,4-amino- improve the quality of beaches and At the request of Mr. DEWINE, the 2,5-dimethyoxy-N-phenyl. coastal recreation water, and for other names of the Senator from Massachu- S. 2264 purposes. setts (Mr. KENNEDY) and the Senator At the request of Mr. ROCKEFELLER, S. 631 from Maryland (Ms. MILKULSKI) were the name of the Senator from Alabama At the request of Mr. DEWINE, the added as cosponsors of S. 1536, a bill to (Mr. SESSIONS) was added as a cospon- name of the Senator from Michigan amend the Older Americans Act of 1965 sor of S. 2264, a bill to amend title 38, (Mr. ABRAHAM) was added as a cospon- to extend authorizations of appropria- United States Code, to establish within sor of S. 631, a bill to amend the Social tions for programs under the Act, to the Veterans Health Administration Security Act to eliminate the time modernize programs and services for the position of Advisor on Physician limitation on benefits for immuno- older individuals, and for other pur- Assistants, and for other purposes. suppressive drugs under the medicare poses. S. 2265 program, to provide continued entitle- S. 1760 At the request of Mr. ROBB, his name ment for such drugs for certain individ- At the request of Mr. BIDEN, the was added as a cosponsor of S. 2265, a uals after medicare benefits end, and to name of the Senator from Missouri bill to amend the Internal Revenue extend certain medicare secondary (Mr. ASHCROFT) was added as a cospon- Code of 1986 to preserve marginal do- payer requirements. sor of S. 1760, a bill to provide reliable mestic oil and natural gas well produc- S. 922 officers, technology, education, com- tion, and for other purposes. At the request of Mr. ABRAHAM, the munity prosecutors, and training in S. 2274 name of the Senator from South Da- our neighborhoods. At the request of Mr. GRASSLEY, the kota (Mr. DASCHLE) was added as a co- S. 1783 names of the Senator from West Vir- sponsor of S. 922, a bill to prohibit the At the request of Mr. COCHRAN, the ginia (Mr. BYRD) and the Senator from use of the ‘‘Made in the USA’’ label on name of the Senator from Kentucky Missouri (Mr. ASHCROFT) were added as products of the Commonwealth of the (Mr. MCCONNEL) was added as a cospon- cosponsors of S. 2274, a bill to amend Northern Mariana Islands and to deny sor of S. 1783, a bill to amend title title XIX of the Social Security Act to such products duty-free and quota-free XVIII of the Social Security Act to provide families and disabled children treatment. provide for a prospective payment sys- with the opportunity to purchase cov- S. 1028 tem for inpatient longstay hospital erage under the medicaid program for At the request of Mr. ROBB, his name services under the medicare program. such children. was withdrawn as a cosponsor of S. 1028, a bill to simplify and expedite ac- S. 1900 S. 2330 cess to the Federal courts for injured At the request of Mr. LAUTENBERG, At the request of Mr. ROTH, the name parties whose rights and privileges, se- the name of the Senator from Maine of the Senator from Wyoming (Mr. cured by the United States Constitu- (Ms. COLLINS) was added as a cosponsor THOMAS) was added as a cosponsor of S. tion, have been deprived by final ac- of S. 1900, a bill to amend the Internal 2330, a bill to amend the Internal Rev- tions of Federal agencies, or other gov- Revenue code of 1986 to allow a credit enue Code of 1986 to repeal the excise ernment officials or entities acting to holders of qualified bonds issued by tax on telephone and other commu- under color of State law, and for other Amtrak, and for other purposes. nication services. purposes. S. 1941 S. 2386 S. 1109 At the request of Mr. DODD, the name At the request of Mrs. FEINSTEIN, the At the request of Mr. MCCONNELL, of the Senator from Virginia (Mr. WAR- name of the Senator from Indiana (Mr. the names of the Senator from Kansas NER) was added as a cosponsor of S. BAYH) was added as a cosponsor of S.

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00066 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.058 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8025 2386, a bill to extend the Stamp Out ROCKEFELLER) was added as a cospon- aviation aircraft access to Federal land Breast Cancer Act. sor of S. 2584, a bill to provide for the and the airspace over that land. S. 2390 allocation of interest accruing to the S. 2718 At the request of Mr. GRAMS, his Abandoned Mine Reclamation Fund, At the request of Mr. SMITH, of New name was added as a cosponsor of S. and for other purposes. Hampshire, the names of the Senator 2390, a bill to establish a grant program S. 2589 from Nevada (Mr. REID) and the Sen- that provides incentives for States to At the request of Mr. JOHNSON, the ator from California (Mrs. BOXER) were enact mandatory minimum sentences name of the Senator from South Da- added as cosponsors of S. 2718, a bill to for certain firearms offenses, and for kota (Mr. DASCHLE) was added as a co- amend the Internal Revenue Code of other purposes. sponsor of S. 2589, a bill to amend the 1986 to provide incentives to introduce S. 2394 Federal Deposit Insurance Act to re- new technologies to reduce energy con- At the request of Mr. MOYNIHAN, the quire periodic cost of living adjust- sumption in buildings. name of the Senator from Nevada (Mr. ments to the maximum amount of de- S. 2800 REID) was added as a cosponsor of S. posit insurance available under that At the request of Mr. LAUTENBERG, 2394, a bill to amend title XVIII of the Act, and for other purposes. the name of the Senator from Nevada Social Security Act to stabilize indi- S. 2601 (Mr. REID) was added as a cosponsor of rect graduate medical education pay- At the request of Mr. ASHCROFT, the S. 2800, a bill to require the Adminis- ments. name of the Senator from Louisiana trator of the Environmental Protection S. 2423 (Ms. LANDRIEU) was added as a cospon- Agency to establish an integrated envi- At the request of Mr. DURBIN, the sor of S. 2601, a bill to amend the Inter- ronmental reporting system. names of the Senator from South Da- nal Revenue Code of 1986 to exclude S. 2836 kota (Mr. JOHNSON) and the Senator from the gross income of an employee At the request of Mr. HAGEL, the from Maryland (Mr. SARBANES) were any employer provided home computer name of the Senator from Indiana (Mr. added as cosponsors of S. 2423, a bill to and Internet access. LUGAR) was added as a cosponsor of S. 2836, a bill to amend title XVIII of the provide Federal Perkins Loan cancella- S. 2609 Social Security Act to provide medi- tion for public defenders. At the request of Mr. CRAIG, the care beneficiaries with access to afford- S. 2424 name of the Senator from Utah (Mr. able outpatient prescription drugs. At the request of Mr. CHAFEE, the BENNETT) was added as a cosponsor of name of the Senator from Washington S. 2609, a bill to amend the Pittman- S. 2841 At the request of Mr. ROBB, the name (Mrs. MURRAY) was added as a cospon- Robertson Wildlife Restoration Act and sors of S. 2434, a bill to provide that the Dingell-Johnson Sport Fish Res- of the Senator from Wisconsin (Mr. amounts allotted to a State under sec- toration Act to enhance the funds KOHL) was added as a cosponsor of S. tion 2401 of the Social Security Act for available for grants to States for fish 2841, a bill to ensure that the business each of fiscal years 1998 and 1999 shall and wildlife conservation projects, and of the Federal Government is con- remain available through fiscal year to increase opportunities for rec- ducted in the public interest and in a 2002. reational hunting, bow hunting, trap- manner that provides for public ac- countability, efficient delivery of serv- S. 2435 ping, archery, and fishing, by elimi- ices, reasonable cost savings, and pre- At the request of Ms. SNOWE, the nating chances for waste, fraud, abuse, maladministration, and unauthorized vention of unwarranted Government name of the Senator from Arkansas expenses, and for other purposes. (Mrs. LINCOLN) was added as a cospon- expenditures for administration and S. 2858 sor of S. 2435, a bill to amend part B of implementation of those Acts, and for At the request of Mr. GRAMS, the title IV of the social Security Act to other purposes. names of the Senator from Arkansas create a grant program to promote S. 2639 (Mrs. LINCOLN), the Senator from Mis- joint activities among Federal, State, At the request of Mr. KENNEDY, the sissippi (Mr. COCHRAN), and the Senator and local public child welfare and alco- names of the Senator from Louisiana from Vermont (Mr. LEAHY) were added hol and drug abuse prevention and (Ms. LANDRIEU), the Senator from as cosponsors of S. 2858, a bill to amend treatment agencies. South Dakota (Mr. JOHNSON), and the title XVIII of the Social Security Act S. 2448 Senator from Maryland (Mr. SARBANES) to ensure adequate payment rates for At the request of Mr. HATCH, the were added as cosponsors of S. 2639, a ambulance services, to apply a prudent name of the Senator from Michigan bill to amend the Public Health Serv- layperson standard to the determina- (Mr. ABRAHAM) was added as a cospon- ice Act to provide programs for the tion of medical necessity for emer- sor of S. 2448, a bill to enhance the pro- treatment of mental illness. gency ambulance services, and to rec- tections of the Internet and the critical S. 2675 ognize the additional costs of providing infrastructure of the United States, At the request of Ms. SNOWE, the ambulance services in rural areas. and for other purposes. name of the Senator from Washington S. 2879 S. 2528 (Mrs. MURRAY) was added as a cospon- At the request of Ms. COLLINS, the At the request of Ms. COLLINS, the sor of S. 2675, a bill to establish an Of- name of the Senator from South Caro- name of the Senator from Massachu- fice on Women’s Health within the De- lina (Mr. HOLLINGS) was added as a co- setts (Mr. KERRY) was added as a co- partment of Health and Human Serv- sponsor of S. 2879, a bill to amend the sponsor of S. 2528, a bill to provide ices. Public Health Service Act to establish funds for the purchase of automatic ex- S. 2698 programs and activities to address dia- ternal defibrillators and the training of At the request of Mr. MOYNIHAN, the betes in children and youth, and for individuals in advanced cardiac life name of the Senator from California other purposes. support. (Mrs. FEINSTEIN) was added as a co- S. 2891 S. 2537 sponsor of S. 2698, a bill to amend the At the request of Mr. REID, the At the request of Mr. JEFFORDS, the Internal Revenue Code of 1986 to pro- names of the Senator from Hawaii (Mr. name of the Senator from Alabama vide an incentive to ensure that all AKAKA) and the Senator from Wyoming (Mr. SESSIONS) was added as a cospon- Americans gain timely and equitable (Mr. THOMAS) were added as cosponsors sor of S. 2537, a bill to amend title 10, access to the Internet over current and of S. 2891, a bill to establish a national United States Code, to modify the time future generations of broadband capa- policy of basic consumer fair treat- for use by members of the Selected Re- bility. ment for airline passengers. serve of entitlement to certain edu- S. 2707 S. 2903 cational assistance. At the request of Mr. CRAPO, the At the request of Mr. ABRAHAM, the S. 2584 name of the Senator from Wyoming names of the Senator from Alabama At the request of Mr. ROBB, the name (Mr. ENZI) was added as a cosponsor of (Mr. SESSIONS) and the Senator from Il- of the Senator from West Virginia (Mr. S. 2707, a bill to help ensure general linois (Mr. FITZGERALD) were added as

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00067 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.067 pfrm02 PsN: S05PT1 S8026 CONGRESSIONAL RECORD — SENATE September 5, 2000 cosponsors of S. 2903, a bill to amend olution establishing a special task Whereas over 70 percent of women with the Internal Revenue Code of 1986 to force to recommend an appropriate rec- ovarian cancer will not be diagnosed until expand the child tax credit. ognition for the slave laborers who ovarian cancer has spread beyond the ovary; worked on the construction of the Whereas prompt diagnosis of ovarian can- S. 2912 cer is crucial to effective treatment, with At the request of Mr. KENNEDY, the United States Capitol. the chances of curing the disease before it name of the Senator from Massachu- At the request of Mrs. LINCOLN, the has spread beyond the ovaries ranging from setts (Mr. KERRY) was added as a co- names of the Senator from Michigan 85 to 90 percent, as compared to between 20 sponsor of S. 2912, a bill to amend the (Mr. LEVIN) and the Senator from West and 25 percent after the cancer has spread; Immigration and Nationality Act to re- Virginia (Mr. BYRD) were added as co- Whereas several easily identifiable factors, move certain limitations on the eligi- sponsors of S. Con. Res. 130, supra. particularly a family history of ovarian can- S. RES. 294 cer, can help determine how susceptible a bility of aliens residing in the United woman is to developing the disease; States to obtain lawful permanent resi- At the request of Mr. ABRAHAM, the names of the Senator from Delaware Whereas effective early testing is available dency status. to women who have a high risk of developing (Mr. BIDEN), the Senator from Texas S. 2921 ovarian cancer; (Mr. GRAMM), and the Senator from Ha- At the request of Mr. DASCHLE, his Whereas heightened public awareness can waii (Mr. AKAKA) were added as cospon- name was added as a cosponsor of S. make treatment of ovarian cancer more ef- sors of S. Res. 294, a resolution desig- 2921, a bill to provide for management fective for women who are at-risk; and nating the month of October 2000 as Whereas the Senate, as an institution, and and leadership training, the provision ‘‘Children’s Internet Safety Month.’’ members of Congress, as individuals, are in of assistance and resources for policy S. RES. 304 unique positions to help raise awareness analysis, and other appropriate activi- about the need for early diagnosis and treat- At the request of Mr. BIDEN, the ties in the training of Native American ment for ovarian cancer: Now, therefore, be names of the Senator from Maine (Ms. and Alaska Native professionals in it COLLINS), the Senator from North Caro- health care and public policy. Resolved, That the Senate— lina (Mr. EDWARDS), the Senator from (1) designates the week of September 17, S. 2936 Michigan (Mr. ABRAHAM), the Senator 2000, through September 23, 2000, as National At the request of Mr. ROBB, the name from Louisiana (Mr. BREAUX), the Sen- Ovarian Cancer Awareness Week; and of the Senator from Michigan (Mr. ator from Ohio (Mr. DEWINE), the Sen- (2) requests that the President issue a LEVIN) was added as a cosponsor of S. ator from Wisconsin (Mr. KOHL), and proclamation calling upon the people of the United States to observe National Ovarian 2936, a bill to provide incentives for the Senator from Michigan (Mr. LEVIN) new markets and community develop- Cancer Awareness Week with appropriate were added as cosponsors of S. Res. 304, recognition and activities. ment, and for other purposes. a resolution expressing the sense of the ∑ Ms. LANDRIEU. Mr. President, I rise S. 2938 Senate regarding the development of today to speak on an issue that should At the request of Mr. BROWNBACK, the educational programs on veterans’ con- concern us all: that of ovarian cancer. names of the Senator from Texas (Mrs. tributions to the country and the des- Specifically, I rise to introduce a reso- HUTCHISON), the Senator from Texas ignation of the week that includes Vet- lution, along with my colleagues Sen- (Mr. GRAMM), the Senator from Min- erans Day as ‘‘National Veterans ators LINCOLN, MIKULSKI, FEINSTEIN, nesota (Mr. GRAMS), and the Senator Awareness Week’’ for the presentation MURRAY, SNOWE, HUTCHISON, COLLINS, from Maine (Ms. COLLINS) were added of such educational programs. and BOXER, designating September 17th as cosponsors of S. 2938, a bill to pro- S. RES. 345 through September 23d as National hibit United States assistance to the At the request of Mr. GRAMS, his Ovarian Cancer Week. Palestinian Authority if a Palestinian name was added as a cosponsor of S. Mr. President, of the more than 25,000 state is declared unilateral, and for Res. 345, a resolution designating Octo- women who were diagnosed with ovar- other purposes. ber 17, 2000, as a ‘‘Day of National Con- ian cancer in 1999, about 14,500, a little S. 2939 cern About Young People and Gun Vio- over half, will die of this disease. Think At the request of Mr. GRASSLEY, the lence.’’ about that for a moment. More than names of the Senator from Iowa (Mr. AMENDMENT NO. 3388 half of our grandmothers, our mothers, HARKIN) and the Senator from Montana At the request of Mr. JEFFORDS, the our sisters and daughters are dying of a (Mr. BAUCUS) were added as cosponsors name of the Senator from Alabama disease that, if caught earlier, could of S. 2939, a bill to amend the Internal (Mr. SESSIONS) was added as a cospon- have been treated. Mr. President, I Revenue Code of 1986 to provide a cred- sor of amendment No. 3388 proposed to wish this were the only condition in it against tax for energy efficient ap- S. 2549, an original bill to authorize ap- which this was the case, but it is not. pliances. propriations for fiscal year 2001 for Like with many other diseases, we S. 2997 military activities of the Department need to turn our focus to prevention At the request of Mr. KERRY, the of Defense, for military construction, and early detection. Doing so not only name of the Senator from Louisiana and for defense activities of the De- means saving lives, but millions of tax (Mr. BREAUX) was added as a cosponsor partment of Energy, to prescribe per- dollars in the long run. of S. 2997, a bill to establish a National sonnel strengths for such fiscal year In over 70 percent of the women with Housing Trust Fund in the Treasury of for the Armed Forces, and for other this disease, it will not be discovered the United States to provide for the de- purposes. until after it has spread beyond the velopment of decent, safe, and afford- f ovaries. This is of critical importance, able housing for low-income families. since the recovery rate for these SENATE RESOLUTION 347—DESIG- women for whom the disease has spread S. CON. RES. 111 NATING THE WEEK OF SEP- is less than 25 percent. This is com- At the request of Mr. NICKLES, the TEMBER 17, 2000, THROUGH SEP- pared to an 85 to 90 percent recovery names of the Senator from Rhode Is- TEMBER 23, 2000, AS NATIONAL rate for those in whom the disease is land (Mr. REED) and the Senator from OVARIAN CANCER AWARENESS caught early. Ovarian cancer is dif- New Mexico (Mr. BINGAMAN) were WEEK ficult to detect, as the symptoms are added as cosponsors of S. Con. Res. 111, Ms. LANDRIEU (for herself, Mrs. often vague and mimic other medical a concurrent resolution expressing the FEINSTEIN, Mrs. HUTCHISON, Ms. COL- problems. sense of the Congress regarding ensur- LINS, Mrs. MURRAY, Mrs. BOXER, Mrs. Still, there are ways that we can re- ing a competitive North American LINCOLN, Ms. MIKULSKI, and Ms. SNOWE) duce the risk of this disease, and sig- market for softwood lumber. submitted the following resolution; nificantly reduce the mortality rate. S. CON. RES. 130 which was referred to the Committee For women with a family history of At the request of Mr. ABRAHAM, the on the Judiciary: ovarian cancer, as well as other women names of the Senator from Idaho (Mr. S. RES. 347 with high-risk factors for the disease, CRAPO) and the Senator from New York Whereas 1 out of every 55 women will de- regular screenings are available. Al- (Mr. MOYNIHAN) were added as cospon- velop ovarian cancer at some point during though these screenings are not for ev- sors of S. Con. Res. 130, concurrent res- her life; eryone, individuals with a high-risk

VerDate 11-MAY-2000 04:02 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00068 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.068 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8027 factor, particularly those with one or (3) in July 2000, United States crude oil in- (bb) refinery capacity and utilization in more family members who have had ventories totaled 298,000,000 barrels, 11 per- the United States; and ovarian cancer, should look into these cent below the 24-year average of 334,000,000 (cc) natural gas, crude oil, distillate fuel, tests. barrels; and other energy-related petroleum product (4) in June 2000, distillate fuel (heating oil storage in the United States; and Mr. President, this is why it is so im- and diesel fuel) inventories totaled 103,700,000 (VIII) any other energy-related topic that portant that we raise awareness about barrels, 26 percent below the 24-year average the Commission considers pertinent; and ovarian cancer, and this is what this of 140,000,000 barrels; (ii) not later than 180 days after the date of resolution tries to do. By establishing (5) combined shortages in inventories of enactment of this Act, submit to the Presi- this special week, we can bring the natural gas, crude oil, and distillate stocks, dent and Congress a report that contains— knowledge of this disease to thousands coupled with steady or increased demand, (I) a detailed statement of the findings and of high-risk women, and give people a could cause supply and price shocks that conclusions of the Commission; and better chance of beating this dreadful would likely have a severe impact on con- (II) the recommendations of the Commis- ∑ sumers and the economy; and sion for such legislation and administrative disease. (6) energy supply is a critical national se- actions as the Commission considers appro- f curity issue. priate. (b) PRESIDENTIAL ENERGY COMMISSION.— (B) TIME PERIOD.—The findings made, anal- AMENDMENTS SUBMITTED (1) ESTABLISHMENT.— yses conducted, conclusions reached, and (A) IN GENERAL.—The President shall es- recommendations developed by the Commis- tablish, from among a group of not fewer sion in connection with the study under sub- ENERGY AND WATER DEVELOP- than 30 persons recommended jointly by the paragraph (A) shall cover a period extending MENT APPROPRIATIONS ACT, Speaker and Minority Leader of the House of 10 years beyond the date of the report. 2001 Representatives and the Majority Leader and (c) USE OF FUNDS.—The Secretary of En- Minority Leader of the Senate, a Presi- ergy shall use $500,000 of funds appropriated dential Energy Commission (referred to in to the Department of Energy to fund the Commission. CLELAND (AND MILLER) this section as the ‘‘Commission’’), which (d) TERMINATION OF COMMISSION.—The AMENDMENTS NOS. 4030–4031 shall consist of between 15 and 21 representa- tives from among the following categories: Commission shall terminate on the date that (Ordered to lie on the table.) (i) Oil and natural gas producing States. is 90 days after the date on which the Com- Mr. CLELAND (for himself and Mr. (ii) States with no oil or natural gas pro- mission submits its report under subsection (b)(2)(A)(ii). MILLER) submitted two amendments duction. intended to be proposed by them to the (iii) Oil and natural gas industries. bill (H.R. 4733) making appropriations (iv) Consumer groups focused on energy issues. DEWINE AMENDMENT NO. 4034 for energy and water development for (v) Environmental groups. (Ordered to lie on the table.) the fiscal year ending September 30, (vi) Experts and analysts familiar with the Mr. DEWINE submitted an amend- 2001, and for other purposes; as follows: supply and demand characteristics of all en- ment intended to be proposed by him AMENDMENT NO. 4030 ergy sectors. to the bill, H.R. 4733, supra; as follows: On page 58, between lines 13 and 14, insert (vii) The Energy Information Administra- the following: tion. On page 90, between lines 6 and 7, insert (B) TIMING.—The appointments of the the following: SEC. 1ll. BRUNSWICK HARBOR, GEORGIA. members of the Commission shall be made SEC. 320. (a) FINDINGS.—The Senate makes The Secretary of the Army and the non- not later than 30 days after the date of en- the following findings: Federal interest with respect to the project actment of this Act. (1) The closure or downsizing of a Depart- for navigation, Brunswick Harbor, Georgia, (C) PERIOD OF APPOINTMENT.—Members ment of Energy facility can have serious eco- authorized by section 101(a)(19) of the Water shall be appointed for the life of the Commis- nomic impacts on communities that have Resources Development Act of 1999 (113 Stat. sion. Any vacancy in the Commission shall been built around and in support of the facil- 277), may conduct negotiations concerning, not affect its powers, but shall be filled in ity. and enter into, a project cooperation agree- the same manner as the original appoint- (2) To mitigate the devastating impacts of ment for the project, subject to the review ment. the closure of Department of Energy facili- and approval processes applicable to project (D) CHAIRPERSON.—The members of the ties on surrounding communities, section cooperation agreements. Commission shall appoint 1 of the members 3161 of the National Defense Authorization to serve as Chairperson of the Commission. Act for Fiscal Year 1993 (42 U.S.C. 7274h) pro- AMENDMENT NO. 4031 (E) INITIAL MEETING.—Not later than 30 vides a mechanism for the provision of finan- On page 48, between lines 16 and 17, insert days after the date on which all members of cial assistance to such communities for rede- the following: the Commission have been appointed, the velopment and to assist employees of such Brunswick Harbor, Georgia, $255,000; Commission shall hold its first meeting. facilities in transferring to other employ- f (F) MEETINGS.—The Commission shall ment. meet at the call of the Chairperson. (3) It is difficult to forecast necessary DOMENICI AMENDMENT NO. 4032 (2) DUTIES.— changes in the workforce at Department of (A) IN GENERAL.—The Commission shall— Energy facilities in advance of the prepara- Mr. DOMENICI proposed an amend- (i) conduct a study, focusing primarily on tion of the budget for the Department of En- ment to the bill (H.R. 4733) supra; as the oil and natural gas industries, of— ergy given uncertainties regarding future follows: (I) the status of inventories of natural gas, budges, project schedules, and other factors. Starting on page 64, line 24, strike all crude oil, and distillate fuel in the United (4) Limitations on the capacity of the De- through page 66, line 7. States, including trends and projections for partment of Energy to seek reprogramming f those inventories; of funds for worker and community assist- (II) the causes for and consequences of en- ance programs in response to the closure or SCHUMER (AND COLLINS) ergy supply disruptions and energy product downsizing of Department facilities under- AMENDMENT NO. 4033 shortages nationwide and in particular re- mines the capability of the Department to gions; respond appropriately to unforeseen contin- Mr. SCHUMER (for himself and Ms. (III) ways in which the United States can gencies. COLLINS) proposed an amendment to become less dependent on foreign oil sup- (b) SENSE OF SENATE.—It is the sense of the the bill, H.R. 4733, supra; as follows: plies; Senate that, in agreeing to the conference On page 93, between lines 7 and 8, insert (IV) ways in which the United States can report to accompany the bill H.R.4733 of the the following: better manage and utilize its domestic en- 106th Congress, the conferees on the part of ergy resources; the Senate should not recede to provisions or GENERAL PROVISIONS—INDEPENDENT (V) ways in which alternative energy sup- language proposed by the House of Rep- AGENCIES plies can be used to reduce demand on tradi- resentatives that would limit the capacity of SEC. 4ll. PRESIDENTIAL ENERGY COMMISSION. tional energy sectors; the Department of Energy to augment funds (a) FINDINGS.—Congress finds that— (VI) ways in which the United States can available for worker and community assist- (1) crude oil and natural gas account for reduce energy consumption; ance grants under section 3161 of the Na- two-thirds of America’s energy consumption; (VII) the status of, problems with, and tional Defense Authorization for Fiscal Year (2) in May 2000, United States natural gas ways to improve— 1993 or under the provisions of the USEC Pri- stocks totaled 1,450 billion cubic feet, 36 per- (aa) transportation and delivery systems of vatization Act (subchapter A of chapter 1 of cent below the normal natural gas inventory energy resources to locations throughout the title III of Public Law 104–134; 42 U.S.C. 2297h of 2,281 billion cubic feet; United States; et seq.).

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00069 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.069 pfrm02 PsN: S05PT1 S8028 CONGRESSIONAL RECORD — SENATE September 5, 2000 DEWINE (AND LEVIN) AMENDMENT BREAST CANCER RESEARCH revenues and the full costs (including related NO. 4035 STAMP REAUTHORIZATION ACT labor and administrative costs) associated OF 2000 with selecting, developing, marketing, and (Ordered to lie on the table.) selling semipostals under this section. The Mr. DEWINE (for himself and Mr. On July 27, 2000, the Senate amended system shall track and account for LEVIN) submitted an amendment in- and passed S. 2386; as follows: semipostal revenues and costs separately tended to be proposed by them to the S. 2386 from the revenues and costs of all other post- bill, H.R. 4733, supra; as follows: Be it enacted by the Senate and House of Rep- age stamps. ‘‘(B) PAYMENT.—Before making any pay- On page 47, strike line 18 and insert the fol- resentatives of the United States of America in Congress assembled, ment to any agency under subsection (d)(1), lowing: $139,219,000, to remain available until the Postal Service shall recover the full SECTION 1. AUTHORITY TO ISSUE SEMIPOSTAL expended, of which $1,500,000 shall be made costs incurred by the Postal Service as of the available to carry out activities under the STAMPS. (a) SHORT TITLE.—This Act may be cited as date of such payment. John Glenn Great Lakes Basin Program es- ‘‘(C) MINIMUM COSTS.—The Postal Service tablished under section 455 of the Water Re- the ‘‘Semipostal Act of 2000’’. (b) IN GENERAL.—Chapter 4 of title 39, shall to the maximum extent practicable sources Development Act of 1999 (42 U.S.C. keep the costs incurred by the Postal Service 1962d–21). United States Code, is amended by striking section 416 (as added by the Semipostal Au- in issuing a semipostal to a minimum. thorization Act) and inserting the following: ‘‘(4) OTHER FUNDING NOT TO BE AFFECTED.— f Amounts which have or may become avail- ‘‘§ 416. Authority to issue semipostals able from the sale of a semipostal under this NOTICE OF HEARING ‘‘(a) DEFINITIONS.—In this section, the section shall not be taken into account in term— any decision relating to the level of appro- COMMITTEE ON ENERGY AND NATURAL ‘‘(1) ‘agency’ means an Executive agency priations or other Federal funding to be fur- RESOURCES (as defined by section 105 of title 5); nished to an agency in any year. Mr. MURKOWSKI. Mr. President, I ‘‘(2) ‘amounts becoming available from the ‘‘(e) CONGRESSIONAL REVIEW.—(1) Before would like to announce for the infor- sale of a semipostal under this section’ the Postal Service can take action with re- mation of the Senate and the public means— spect to the implementation of a decision to ‘‘(A) the total amounts received by the that an oversight hearing has been issue a semipostal, the Postal Service shall Postal Service with respect to the applicable submit to each House of the Congress a re- scheduled before the Committee on En- semipostal in excess of the first class, first port containing— ergy and Natural Resources. ounce rate, reduced by ‘‘(A) a copy of the decision; The hearing will take place on Thurs- ‘‘(B) an amount equal to the full costs in- ‘‘(B) a concise explanation of the basis for day, September 14 at 9:30 a.m. in room curred by the Postal Service from the the decision; and SD–366 of the Dirksen Senate Office issuance and sale of the average first class, ‘‘(C) the proposed effective date of the Building in Washington, DC. first ounce rate stamp, plus any additional semipostal. The purpose of this hearing is to re- costs incurred by the Postal Service unique ‘‘(2) Upon receipt of a report submitted to the issuance of the applicable semipostal; under paragraph (1), each House shall pro- ceive testimony on the transportation and vide copies of the report to the chairman and of Alaska North Slope natural gas to ‘‘(3) ‘semipostal’ means a special postage ranking member of the Governmental Af- market and to investigate the cost, en- stamp which is issued and sold by the Postal fairs Committee in the Senate and the Gov- vironmental aspects, economic impacts Service, at a premium, in order to help pro- ernment Reform Committee in the House. and energy security implications to vide funding for an issue of national impor- ‘‘(3) The decision of the Postal Service Alaska and the rest of the nation for tance. with respect to the implementation of a de- ‘‘(b) AUTHORITY.—The Postal Service may cision to issue a semipostal shall take effect alternative routes and projects. on the latest of— For further information, please call issue no more than 1 semipostal each year, and sell such semipostals, in accordance with ‘‘(A) the date occurring 60 days after the Dan Kish at (202) 224–8276 or Jo Meuse this section. date on which the Congress receives the re- at (202) 224–4756. ‘‘(c) RATES.— port submitted under paragraph (1); ‘‘(1) IN GENERAL.—The rate of postage on a ‘‘(B) if the Congress passes a joint resolu- f semipostal issued under this section shall be tion of disapproval described in paragraph 7, established by the Governors, in accordance and the President signs a veto of such resolu- AUTHORITY FOR COMMITTEES TO with such procedures as the Governors shall tion, the earlier date— MEET by regulation promulgate (in lieu of the pro- ‘‘(i) on which either House of Congress cedures under chapter 36), except that— votes and fails to override the veto of the SPECIAL COMMITTEE ON AGING ‘‘(A) the rate established for a semipostal President; or Mr. CRAIG. Mr. President, I ask under this section shall be equal to the rate ‘‘(ii) occurring 30 session days after the unanimous consent that the Special of postage that would otherwise regularly date on which the Congress received the veto Committee on Aging be authorized to apply, plus a differential of not to exceed 25 and objections of the President; or ‘‘(C) the date the decision would have oth- meet today, September 5, 2000 from 2:15 percent; and ‘‘(B) no regular rates of postage or fees for erwise been implemented, if not for this sec- p.m.–4:30 p.m. in Dirksen 562 for the postal services under chapter 36 shall be any tion (unless a joint resolution of disapproval purpose of conducting a hearing. different from what such rates or fees other- under paragraph 7 is enacted). The PRESIDING OFFICER. Without wise would have been if this section had not ‘‘(4) Notwithstanding paragraph (3), the de- objection, it is so ordered. been enacted. cision of the Postal Service with respect to ‘‘(2) VOLUNTARY USE.—The use of any the implementation of a decision to issue a f semipostal issued under this section shall be semipostal shall not be delayed by operation voluntary on the part of postal patrons. of this subsection beyond the date on which either House of Congress votes to reject a PRIVILEGES OF THE FLOOR ‘‘(d) AMOUNTS BECOMING AVAILABLE.— ‘‘(1) IN GENERAL.—The amounts becoming joint resolution of disapproval under para- Mr. REID. Mr. President, I ask unan- available from the sale of a semipostal under graph 7. imous consent that Robert Griffiths, a this section shall be transferred to the ap- ‘‘(5) The Postal Service shall not imple- propriate agency or agencies under such ar- ment a decision to issue a semipostal if the legislative fellow in my office, be af- Congress enacts a joint resolution of dis- rangements as the Postal Service shall by forded floor privileges during the con- approval, described under paragraph 7. sideration of H.R. 4444. mutual agreement with each such agency es- ‘‘(6)(A) In addition to the opportunity for tablish. review otherwise provided under this chap- The PRESIDING OFFICER. Without ‘‘(2) ISSUES OF NATIONAL IMPORTANCE AND objection, it is so ordered. ter, in the case of any decision for which a AGENCIES.—Decisions under this section con- report was submitted in accordance with The Senator from New Mexico. cerning issues of national importance, and paragraph (1) during the period beginning on Mr. DOMENICI. Mr. President, I ask the appropriate agency or agencies to re- the date occurring 30 days before the date unanimous consent Pete Lyons, a fel- ceive amounts becoming available under this the Congress adjourns a session of Congress low in my office, and Dave Hunter with section, shall be made applying the criteria through the date on which the same or suc- Senator JEFFORDS’ office, be given and procedures established under subsection ceeding Congress first convenes its next ses- privileges of the floor for the duration (f). sion, this section shall apply to such rule in ‘‘(3) RECOVERY OF COSTS.— of the consideration of the energy and the succeeding session of Congress. ‘‘(A) IN GENERAL.—Not later than 6 months ‘‘(B) In applying this section for purposes water development bill. after the date of enactment of the of such additional review, a decision de- The PRESIDING OFFICER. Without Semipostal Act of 2000, the Postal Service scribed under paragraph (1) shall be treated objection, it is so ordered. shall establish a system to account for all as though—

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00070 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.071 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8029

‘‘(i) the decision were made on— of the Senate to the procedure relating to a ‘‘(A) IN GENERAL.—If any semipostal ceases ‘‘(I) in the case of the Senate, the fifth ses- joint resolution described in paragraph (7) to be offered during the period covered by a sion day, or shall be decided without debate. report, the information contained in such re- ‘‘(II) in the case of the House of Represent- ‘‘(11) In the Senate the procedure specified port shall also include— atives, the fifth legislative day, in paragraph (9) or (10) shall not apply to the ‘‘(i) the dates on which the sale of such consideration of a joint resolution respecting ‘‘after the succeeding session of Congress semipostal commenced and terminated; and a Postal Service decision to implement a de- first convenes; and ‘‘(ii) the total amount that became avail- cision to issue a semipostal— ‘‘(ii) a report on such role were submitted able from the sale of such semipostal and ‘‘(A) after the expiration of the 60 session to Congress under paragraph (1) on such any agency to which such amount was made days beginning with the applicable submis- date. available. sion date, or ‘‘(7) For purposes of this section, the term ‘‘(B) SEMIPOSTALS THAT CEASE TO BE OF- ‘‘(B) if the report under paragraph (1) was ‘joint resolution’ means only a joint resolu- FERED.—For each year before the year in submitted during the period referred to in tion introduced in the period beginning on which a semipostal ceases to be offered, any paragraph (6), after the expiration of the 60 the date on which the report referred to in report under this subsection shall include, session days beginning on the fifth session paragraph (1) is received by Congress and for that semipostal and for the year covered day after the succeeding session of Congress ending 60 days thereafter (excluding days ei- by that report, the information described first convenes. ther House of Congress is adjourned for more under clauses (i) and (ii). ‘‘(12) If, before the passage by one House of ‘‘(h) NO INDIVIDUAL RIGHT CREATED.—This than 3 days during a session of Congress), the a joint resolution of that House described in matter after the resolving clause of which is section is not intended to and does not cre- paragraph (7), that House receives from the ate any right or benefit, substantive or pro- as follows: ‘That Congress disapproves the other House a joint resolution described in decision of the Postal Service submitted on cedural, enforceable at law by any party paragraph (7), then the following procedures against the Postal Service, its Governors, of- llllh relating to the issuance of llll shall apply: ficers or employees, the United States, its semipostal, and the Postal Service shall take ‘‘(A) The joint resolution of the other agencies or instrumentalities, its officers or no action to implement such decision.’ (The House shall not be referred to a committee. employees, or any other person. blank spaces being appropriately filled in.). ‘‘(B) With respect to a joint resolution de- ‘‘(i) INAPPLICABILITY TO BREAST CANCER RE- ‘‘(8)(A) A joint resolution described in scribed in paragraph (7) of the House receiv- SEARCH SPECIAL STAMPS.—This section shall paragraph (7) shall be referred to the com- ing the joint resolution— not apply to special postage stamps issued mittees in each House of Congress with juris- ‘‘(i) the procedure in that House shall be under section 414. diction. the same as if no joint resolution had been ‘‘(j) TERMINATION.—This section shall cease ‘‘(B) For purposes of this subsection, the received from the other House; but to be effective at the end of the 10-year pe- term ‘submission date’ means the date on ‘‘(ii) the vote on final passage shall be on riod beginning on the date on which which the Congress receives the report sub- the joint resolution of the other House. semipostals are first made available to the mitted under paragraph (1). ‘‘(13) This section is enacted by Congress— public under this section.’’. ‘‘(9) In the Senate, if the committee to ‘‘(A) as an exercise of the rulemaking (c) REPORTS BY AGENCIES.— which is referred a joint resolution described power of the Senate and House of Represent- (1) IN GENERAL.—Each agency that receives in paragraph (7) has not reported such joint atives, respectively, and as such it is deemed any funding in a year under section 416 of resolution (or an identical joint resolution) a part of the rules of each House, respec- title 39, United States Code (as amended by at the end of 20 calendar days after the sub- tively, but applicable only with respect to this section) shall submit a written report mission date defined under paragraph (8)(B), the procedure to be followed in that House in under this subsection with respect to such such committee may be discharged from fur- the case of a joint resolution described in year to the congressional committees with ther consideration of such joint resolution paragraph (7), and it supersedes other rules jurisdiction over the United States Postal upon a petition supported in writing by 30 only to the extent that it is inconsistent Service. Members of the Senate, and such joint reso- with such rules; and (2) CONTENTS.—Each report under this sub- lution shall be placed on the calendar. ‘‘(B) with full recognition of the constitu- section shall include— ‘‘(10)(A) In the Senate, when the com- tional right of either House to change the (A) the total amount of funding received mittee to which a joint resolution is referred rules (so far as relating to the procedure of by such agency under section 416 of such has reported, or when a committee is dis- that House) at any time, in the same man- title during the year to which the report per- charged (under paragraph (9)) from further ner, and to the same extent as in the case of tains; consideration of a joint resolution described any other rule of that House. (B) an accounting of how any funds re- in paragraph (7), it is at any time thereafter ‘‘(f) REGULATIONS.— ceived by such agency under section 416 of in order (even though a previous motion to ‘‘(1) IN GENERAL.—Not later than 6 months such title were allocated or otherwise used the same effect has been disagreed to) for a after the date of enactment of the by such agency in such year; and motion to proceed to the consideration of Semipostal Act of 2000, the Postal Service (C) a description of the effectiveness in ad- the joint resolution, and all points of order shall promulgate regulations to carry out dressing the applicable issue of national im- against the joint resolution (and against this section, including provisions relating portance that occurred as a result of the consideration of the joint resolution) are to— funding. waived. The motion is not subject to amend- ‘‘(A) which office or other body within the (d) REPORTS BY THE GENERAL ACCOUNTING ment, or to a motion to postpone, or to a Postal Service will be responsible for making OFFICE.— motion to proceed to the consideration of the decisions described in subsection (d)(2); (1) INITIAL REPORT.—Not later than 4 other business. A motion to reconsider the ‘‘(B) what criteria and procedures will be months after semipostal stamps are first vote by which the motion is agreed to or dis- applied in making those decisions; made available to the public under section agreed to shall not be in order. If a motion ‘‘(C) any limitations relating to the 416 of title 39, United States Code (as amend- to proceed to the consideration of the joint issuance of semipostals, such as whether ed by this section), the General Accounting resolution is agreed to, the joint resolution more than 1 semipostal may be offered for Office shall submit to the President and each shall remain the unfinished business of the sale at any given time; and house of Congress an initial report on the op- Senate until disposed of. ‘‘(D) how the price of a semipostal will be eration of the program established under ‘‘(B) In the Senate, debate on the joint res- established. such section. olution, and on all debatable motions and ap- ‘‘(2) NOTICE AND COMMENT.—Before any reg- (2) INTERIM REPORTS.—Not later than the peals in connection therewith, shall be lim- ulation is promulgated under this section, a third year, and again not later than the sixth ited to not more than 10 hours, which shall copy of the proposed regulation shall be pub- year, after semipostal stamps are first made be divided equally between those favoring lished in the Federal Register and an oppor- available to the public under section 416 of and those opposing the joint resolution. A tunity provided to interested parties to title 39, United States Code (as amended by motion further to limit debate is in order present written comment and, where prac- this section), the General Accounting Office and not debatable. An amendment to, or a ticable, oral comment. shall submit to the President and each house motion to postpone, or a motion to proceed ‘‘(3) ISSUANCE.—The Postal Service shall of Congress an interim report on the oper- to the consideration of other business, or a not issue a semipostal until at least 30 days ation of the program established under such motion to recommit the joint resolution is after the final regulations promulgated section. not in order. under paragraph (1) take effect. (3) FINAL REPORT.—Not later than 6 months ‘‘(C) In the Senate, immediately following ‘‘(g) ANNUAL REPORTS.— before the date of termination of the effec- the conclusion of the debate on a joint reso- ‘‘(1) IN GENERAL.—The Postmaster General tiveness of section 416 of title 39, United lution described in paragraph (7), and a sin- shall include in each report rendered under States Code (as amended by this section), the gle quorum call at the conclusion of the de- section 2402, with respect to any period dur- General Accounting Office shall submit to bate if requested in accordance with the ing any portion of which this section is in ef- the President and each house of Congress a rules of the Senate, the vote on final passage fect, information concerning the operation final report on the operation of the program of the joint resolution shall occur. of any program established under this sec- established under such section. The final re- ‘‘(D) Appeals from the decisions of the tion. port shall contain a detailed statement of Chair relating to the application of the rules ‘‘(2) SPECIFIC REQUIREMENT.— the findings and conclusions of the General

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00071 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.039 pfrm02 PsN: S05PT1 S8030 CONGRESSIONAL RECORD — SENATE September 5, 2000 Accounting Office, and any recommendation and ordered to be printed; and that the and ‘‘WIPO’’), which administers the the General Accounting Office considers ap- President’s messages be printed in the Protocol. Second, under the Protocol, propriate. RECORD. renewal of a trademark registration in (e) CONFORMING AMENDMENT.—Section 2 of The PRESIDING OFFICER. Without each Contracting Party may be made the Semipostal Authorization Act is amend- ed by striking subsections (b), (c), and (e). objection, it is so ordered. by filing a single request with a single (f) EFFECTIVE DATE.—This section shall The messages of the President are as payment. These two advantages should take effect on the date of enactment of this follows: make access to international protec- Act and the program under section 416 of To the Senate of the United States: tion of trademarks more readily avail- title 39, United States Code (as amended by With a view to receiving the advice able to both large and small U.S. busi- this section) shall be established not later and consent of the Senate to ratifica- nesses. than 1 year after the date of enactment of tion, I transmit herewith the Treaty Third, the Protocol will facilitate the this Act. Between the Government of the United recording internationally of a change f States of America and the Government of ownership of a mark with a single APPOINTMENT of the Republic of Costa Rica for the filing. United States businesses experi- Return of Stolen, Embezzled, or Appro- ence difficulties effecting valid assign- The PRESIDING OFFICER. The priated Vehicles and Aircraft, with An- ments of their marks internationally Chair announces on behalf of the Re- nexes and a related exchange of notes, due to burdensome administrative re- publican Leader, pursuant to Public signed at San Jose on July 2, 1999. I quirements for recordation of an as- Law 105–134, his appointment of Nancy transmit also, for the information of signment in many countries. These dif- Rutledge Connery, of Maine, to serve the Senate, the report of the Depart- ficulties can hinder the normal trans- as a member of the Amtrak Reform ment of State with respect to the Trea- fer of business assets. The Protocol will Council, vice Joseph Vranich, of Penn- ty. permit the holder of an international sylvania, effective July 28, 2000. The Treaty is one of a series of stolen registration to record the assignment f vehicle treaties being negotiated by of a trademark in all designated Con- APPOINTMENT BY THE PRESIDENT the United States in order to eliminate tracting Parties upon the filing of a PRO TEMPORE the difficulties faced by owners of vehi- single request with the International cles that have been stolen and trans- Bureau, accompanied by a single pay- The PRESIDING OFFICER. The ported across international borders. ment. To carry out the provisions of Chair, on behalf of the President pro Like several in this series, this Treaty the Protocol, identical implementing tempore, pursuant to Public Law 99– also covers aircraft. When it enters legislation, which is supported by my 498, reappoints Charles Terrell, of Mas- into force, this Treaty will be an effec- Administration, was passed by the sachusetts, to the Advisory Committee tive tool to facilitate the return of U.S. House of Representatives and intro- on Student Financial Assistance for a vehicles and aircraft that have been duced in the Senate. three-year term beginning October 1, stolen, embezzled, or appropriated and Accession to the Protocol is in the 2000, effective July 28, 2000. taken to Costa Rica. best interests of the United States. f I recommend that the Senate give Therefore, I recommend the Senate APPOINTMENT BY THE MAJORITY early and favorable consideration to give early and favorable consideration LEADER the Treaty, with Annexes and a related to the Protocol and give its advice and exchange of notes, and give its advice consent to accession, subject to the The PRESIDING OFFICER. The and consent to ratification. declarations described in the accom- Chair, on behalf of the majority leader, WILLIAM J. CLINTON. panying report of the Department of pursuant to Public Law 106–173, an- THE WHITE HOUSE, September 5, 2000. State. nounces the appointment of Frank J. WILLIAM J. CLINTON. Williams, of Rhode Island, to the Abra- To the Senate of the United States: THE WHITE HOUSE, September 5, 2000. ham Lincoln Bicentennial Commission, I transmit herewith, for the advice effective August 24, 2000. and consent of the Senate to accession, To the Senate of the United States: f the Protocol Relating to the Madrid With a view to receiving the advice Agreement Concerning the Inter- and consent of the Senate to ratifica- REMOVAL OF INJUNCTION OF SE- national Registration of Marks adopted tion, I transmit herewith the Treaty CRECY—TREATY DOCUMENT NO. at Madrid June 27, 1989, which entered Between the Government of the United 106–40, TREATY DOCUMENT NO. into force December 1, 1995. Also trans- States of America and the Government 106–41, TREATY DOCUMENT NO. mitted for the information of the Sen- of the Republic of Lithuania for the 106–42, TREATY DOCUMENT NO. ate are the report of the Department of Encouragement and Reciprocal Protec- 106–43, TREATY DOCUMENT NO. State with respect to the Protocol and tion of Investment, with Annex and 106–44 a February 2, 2000, letter from the Protocol, signed at Washington on Jan- Mr. DOMENICI. As in executive ses- Council of the European Union regard- uary 14, 1998. I transmit also, for the sion, I ask unanimous consent that the ing voting within the Assembly estab- information of the Senate, the report Injunction of Secrecy be removed from lished under the Protocol. of the Department of State with re- the following treaties and protocols The Protocol will offer several major spect to this Treaty. transmitted to the Senate on Sep- advantages to U.S. trademark owners. The bilateral investment treaty tember 5, 2000, by the President of the First, registration of trademarks inter- (BIT) with Lithuania was the third United States: nationally will be possible without ob- such treaty signed between the United Treaty with Costa Rica on Return of taining a local agent and without filing States and a Baltic region country. Vehicles and Aircraft (Treaty Docu- an application in each Contracting The Treaty will protect U.S. invest- ment No. 106–40); Protocol Relating to Party. If the United States accedes to ment and assist Lithuania in its efforts the Madrid Agreement (Treaty Docu- the Protocol, the Protocol will provide to develop its economy by creating ment 106–41); Investment Treaty with a trademark registration filing system conditions more favorable for U.S. pri- Lithuania (Treaty Document No. 106– that will permit a U.S. trademark vate investment and thereby strength- 42); Protocol Amending the 1950 Con- owner to file for registration in any ening the development of its private sular Convention with Ireland (Treaty number of Contracting Parties by fil- sector. Document No. 106–43); Treaty with ing a single standardized application in The Treaty furthers the objectives of Panama on the Return of Vehicles and English, and with a single payment in U.S. policy toward international and Aircraft (Treaty Document No. 106–44). dollars, at the United States Patent domestic investment. A specific tenet I further ask consent that the trea- and Trademark Office (PTO). The PTO of U.S. policy, reflected in this Treaty, ties and protocols be considered as hav- will forward the application to the is that U.S. investment abroad and for- ing been read the first time; that they International Bureau of the World In- eign investment in the United States be referred, with accompanying papers, tellectual Property Organization (re- should receive national treatment. to the Committee on Foreign Relations spectively, the ‘‘International Bureau’’ Under this Treaty, the Parties also

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00072 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.039 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8031 agree to customary international law Like several in this series, this Treaty fore the Senate, I now ask that the standards for expropriation. The Trea- also covers aircraft. When it enters Senate stand in adjournment under the ty includes detailed provisions regard- into force, it will be an effective tool to previous order following the remarks of ing the computation and payment of facilitate the return of U.S. vehicles Senator REID of Nevada. prompt, adequate, and effective com- and aircraft that have been stolen, The PRESIDING OFFICER. Without pensation for expropriation; free trans- robbed, or converted and taken to Pan- objection, it is so ordered. fer of funds related to investments; ama. The Senator from Nevada is recog- freedom of investments from specified I recommend that the Senate give nized. performance requirements; fair, equi- early and favorable consideration to f table, and most-favored-nation treat- the Treaty, with Annexes and a related ment; and the investor’s freedom to exchange of notes, and give its advice ENERGY AND WATER choose to resolve disputes with the and consent to ratification. APPROPRIATIONS ACT, 2002 host government through international WILLIAM J. CLINTON. Mr. REID. Mr. President, as always, I arbitration. THE WHITE HOUSE, September 5, 2000. appreciate the hard work the chairman I recommend that the Senate con- f and his staff put into drafting this an- sider this Treaty as soon as possible, ORDER OF PROCEDURE—S. 1608 nual appropriations bill. and give its advice and consent to rati- They have done an excellent job in fication of the Treaty at an early date. Mr. DOMENICI. Mr. President, I ask pulling this bill together and I appre- unanimous consent, with respect to the WILLIAM J. CLINTON. ciate the cooperative manner with consent agreement relating to consid- THE WHITE HOUSE, September 5, 2000. which he and his staff have worked eration of S. 1608, that time allowed for with my staff. I also appreciate the vitiation be extended to no later than To the Senate of the United States: consideration he has provided to the I transmit herewith, for the Senate’s 12 noon on Thursday, September 7. requests of all Members. advice and consent to ratification, the The PRESIDING OFFICER. Without This subcommittee received over Protocol Amending the 1950 Consular objection, it is so ordered. 1,000 requests from Members this year Convention Between the United States f and majority and minority staff have of America and Ireland, signed at REFERRAL OF H.R. 1102 combed through all of them. Washington on June 16, 1998. Also As always, we are not able to accom- transmitted for the information of the Mr. DOMENICI. Mr. President, I ask modate as many of them as we would Senate is the report of the Department unanimous consent that H.R. 1102 be like, and, frankly, not even as many as of State with respect to the Protocol. referred to the Committee on Finance. we need to. The Protocol expands the scope of The PRESIDING OFFICER. Without There are a great many things to like tax exemption under the 1950 Consular objection, it is so ordered. in this bill: Convention Between the United States f Solid funding for the programs to of America and Ireland to provide for ORDERS FOR WEDNESDAY, keep our nation’s nuclear arsenal safe reciprocal exemption from all taxes, SEPTEMBER 6, 2000 and secure. including Value Added Taxes (VAT) on Mr. DOMENICI. Mr. President, I ask Strong Army Corps and Bureau of goods and services for the official use unanimous consent that when the Sen- Reclamation funding for work already of the mission or for the personal use ate completes its business today, it ad- underway. of mission members and families. The journ until the hour of 9:30 a.m., First time funding for the Delta Re- amendment will provide financial ben- Wednesday, September 6. I further ask gional Commission. efit to the United States, both through unanimous consent that on Wednesday, Also, for the first time in many direct savings on embassy purchases of immediately following the prayer, the years, the bill contains nearly full goods and services as well as through Journal of proceedings be approved to funding for the Solar and Renewable lowering the cost of living for United date, the morning hour be deemed ex- Energy programs. States Government employees assigned pired, the time for the two leaders be I want to thank the Chairman of the to the U.S. Embassy in Dublin. reserved for their use later in the day, Subcommittee, Mr. DOMENICI, for work- Because the Protocol will achieve and that the Senate then resume de- ing with me to send some more re- long-term tax exemption on the pur- bate on the motion to proceed to H.R. sources to renewables. chase of goods and services for our em- 4444, the China legislation. We received a bipartisan letter, bassy and personnel in Ireland, I rec- The PRESIDING OFFICER. Without signed by 56 of our colleagues, request- ommend that the Senate give early and objection, it is so ordered. ing full funding for the Solar and Re- favorable consideration to the Protocol f newable accounts in this bill. I am de- and give its advice and consent to rati- lighted to report that we have come fication. PROGRAM very close to doing so. WILLIAM J. CLINTON. Mr. DOMENICI. Mr. President, when I believe that the Solar and Renew- THE WHITE HOUSE, September 5, 2000. the Senate convenes at 9:30, ables programs are essential to our na- postcloture debate on the motion to tion’s long-term energy security and To the Senate of the United States: proceed to the China legislation will With a view to receiving the advice appreciate your consideration, Mr. resume. It is hoped that an agreement Chairman. and consent of the Senate to ratifica- can be reached to begin debate on the As we have discussed, I am com- tion, I transmit herewith the Treaty substance of the bill during tomorrow’s mitted to producing a final energy and Between the Government of the United session in an effort to complete action water conference report that is bal- States of America and the Government on that by the end of this week. of the Republic of Panama for the Re- The Senate will also continue debate anced and takes into account the wide turn of Stolen, Robbed, or Converted on the energy and water appropriations variety of activities that we are called Vehicles and Aircraft, with Annexes, bill during tomorrow evening’s session upon to fund. signed at Panama on June 6, 2000, and with amendments expected to be of- Unfortunately, I do not believe that a related exchange of notes of July 25, fered. we can do justice to the non-defense 2000. I transmit also, for the informa- As a reminder, the Senate will con- side of our bill without additional re- tion of the Senate, the report of the sider the China trade bill and the en- sources. Department of State with respect to ergy and water appropriations bill on a There are also several controversial the Treaty. dual track each day this week with items, including no funding for Cal- The Treaty is one of a series of stolen votes expected throughout the week. Fed, no funding for the removal of a vehicle treaties being negotiated by f uranium tailings pile on the shore of the United States in order to eliminate the Colorado River near Moab, and the the difficulties faced by owners of vehi- ORDER FOR ADJOURNMENT inclusion of several policy riders that cles that have been stolen and trans- Mr. DOMENICI. Mr. President, if will all need to be resolved in con- ported across international borders. there is no further business to come be- ference, or possibly here on the floor.

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00073 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.045 pfrm02 PsN: S05PT1 S8032 CONGRESSIONAL RECORD — SENATE September 5, 2000 Additionally, it is my understanding Reclamation, the Army Corps of Engi- domestic and foreign commerce. The that the administration has issued a neers, the Department of Energy and value of this commerce is in excess of veto threat over several issues, includ- others is over $600 million below the $660 billion. ing: President’s request. Total jobs generated are about $13 1. Language prohibiting the Sec- Such a huge funding shortfall has re- million and Federal taxes generated by retary of Interior from allocating quired the subcommittee to impose this commerce is estimated at nearly water from the Central Arizona strict limits on the types of projects $150 billion. For every dollar invested Project; and that can be funded this year. to improve navigation infrastructure, 2. A provision that prohibits the For example, as Chairman DOMENICI U.S. Gross Domestic Product rises Army Corps of Engineers from updat- mentioned, there are no new construc- more than $3 dollars. ing the Missouri River Operators Man- tion new starts for BOR or the Army About 660 million of the 2.2 billion ual; this provision also involves the Corps in this bill. tons of cargo are moved on the nation’s Endangered Species Act. As you can imagine, it is difficult to inland waterway system. That equates This second item will be the subject tell my colleagues that a fully author- to 440,000 barges. of a fairly extensive debate here on the ized water project, one that is com- To move this cargo by alternative floor between Senators DASCHLE and pletely ready to go, has no shot at a means would require an additional 17.6 BAUCUS and Senator BOND and others. construction new start this year. Only million trucks on our nation’s highway I take the veto threat seriously and on-going work—usually at a dollar system or an additional 5.8 million rail encourage other Members to do the level well below the President’s re- cars on the nation’s rail system. same. quest—and a handful of new studies. That is a considerable amount of While I am not inclined to encourage This is no way to run a robust na- traffic to add to these overburdened Members to vote against this bill at tional program. systems. this time, it is my hope and expecta- But this year’s numbers really only The Army Corps manages 383 major tion that these matters can be worked tell part of the story. All of us know, lakes and reservoirs for flood control out either here on the floor or in con- we have good financial years and bad and has 8500 miles of levees in place. ference. financial years around here. However, The flood protection provided by these In short, the vote count on this bill short-falls year in and year out in the structures, on average, prevents $20 bil- today or whenever we vote should not water accounts of the Army Corps have lion in damages per year. That is a sav- be considered indicative of the way I or now resulted in a backlog of $45—$50 ing of $6 for every dollar invested in other Members will vote if the Presi- billion in fully authorized projects that flood control projects. dent vetoes this bill. are awaiting the first dollar in funding. Thousands of cities, towns and indus- That said, given the unfortunate fi- This shortfall just takes into account tries rely on the roughly 9.5 million nancial constraints that the sub- the Corps’ historic mission of naviga- acre feet of water supply storage from committee had to work with—which I tion and flood control and does not 116 lakes and reservoirs in the U.S. will discuss in a moment—this is a take into account some of the new di- built by the Army Corps. good bill overall. I support it and en- rections that Congress has pushed the Army Corps owned and operated hy- courage my colleagues to do the same. Corps in recent years. droelectric power plants produce My overall message is simple today: It is wrong to give short shrift to im- enough electricity to supply almost 5 This subcommittee simply does not portant components of our nation’s million homes with power. That is 24 have the resources it needs to do the critical infrastructure. Flood control percent of the total U.S. hydropower job that Congress, the administration, protects human lives and property; capacity of 3 percent of total U.S. elec- and the American people expect of us. navigation projects ensure that our na- tric capacity. Additionally, these I am not pointing fingers or attempt- tion’s economic engine continues to plants annually return over half a bil- ing to assign blame: I am simply stat- hum. lion dollars to the Federal Treasury. ing a fact. I think it is important to take a few Coastal projects protect almost 500 This is a very important appropria- minutes to review our ‘‘critical water miles of our nation’s critical eroding tions bill, one where we are asked to infrastructure’’ and what it means in shoreline. pay for a broad array of programs crit- real terms to this country. Over 30 percent of the recreation and ical to our nation’s future. We fund: The guardians of our nation’s nuclear Our Nation’s water resources infra- tourism occurring on Federal lands weapons stockpile. structure, developed over the past two takes place on Army Corps water re- Our nation’s flood control and navi- centuries, has improved the quality of source projects. These visitors spend gation systems, infrastructure that our lives and provided a foundation for $10 billion annually on these rec- contributes to human safety and eco- the economic growth and development reational pursuits resulting in over nomic growth. of this country. 600,000 full and part-time jobs. Long-term research, development, Water supply systems, water treat- In addition to the direct benefits pro- and deployment of solar and renewable ment systems, flood protection vided by this water infrastructure, sub- technologies, programs critical to our projects, and water transportation sys- stantial secondary or indirect eco- nation’s long-term energy security and tems all contribute to our national nomic benefits are realized. environmental future and; prosperity. I am also very familiar with the Science programs that are unlocking Our current economic expansion can great work that the Bureau of Rec- the human genome and other break- be directly traced, at least in part, to lamation does for the 17 Western throughs that help to keep the U.S. at investment decisions made by our fore- states, including mine. Its facilities in- the scientific forefront of the world. bears in this body to develop the na- clude: 348 reservoirs providing 245 mil- All of these are areas that are crit- tion’s water resources. lion acre-feet of water storage for mu- ical to our nation’s independence and They had the forethought to make nicipal, rural and industrial uses to security, yet, year after year, this sub- these tough investment decisions and over 31 million people in the Western committee is called upon to gut one or fortunately they are still paying divi- states. Irrigation water to 1 in every 5 more of these programs to pay for dends today. western farmers for about 10 million other energy and water programs, or The water infrastructure provided by acres of irrigated land. spending in other subcommittees. the Army Corps alone provides an an- Additionally, the Bureau is the sec- We cannot continue to do this. These nual rate of return of approximately 26 ond largest producer of hydroelectric activities are too important. percent. The stream of benefits are re- power generating 40 billion kilowatt While most of these comments focus alized as flood damages prevented, re- hours of energy each year from 58 pow- on our shortfalls on the non-defense duced transportation costs, electricity, erplants. Its facilities also provide sub- side of our ledger, they hold true for recreation, and water supply services. stantial flood control, recreation, and the defense programs, as well. Navigable channels provide an effi- fish and wildlife benefits. The subcommittee allocation for cient and economic corridor for moving The great urbanization of the west non-defense activities of the Bureau of more than 2 billion tons of the Nation’s could not be accomplished without

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00074 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.059 pfrm02 PsN: S05PT1 September 5, 2000 CONGRESSIONAL RECORD — SENATE S8033 their management of scarce water re- such as security lapses at our National original baseline per year over the next sources. Labs and criticism of processes and 7 years to get this thing done (3–5 years Unfortunately, in recent years na- procedures at the Army Corps. late). tional investment has not kept pace From time to time we summons the That is what they say now. By the with our level of economic and social political leadership of these organiza- time we are actually done, it will be expansion. tions to the Hill to criticize, chide, or billions. Public infrastructure investments in- impress upon them the wisdom of our Enough is enough. cluding those for water resources infra- thinking. Often, it can be a pretty There is plenty of skepticism in the structure in 1960 amounted to 3.9 per- warm seat that we put them on. scientific and national security com- cent of the Gross Domestic Product. None of that is to suggest that the munity as to whether we will ever be Today the figure is more like 2.6 per- Members of this body are anything able to get the information we need to cent of the GDP. other than respectful and proud of the certify our stockpile from NIF. That may not sound like much of a hard work and accomplishments of our I believe there are other, cheaper change, but let’s look at the Army federal workforce, including contrac- ways to get this job done and I think it Corps during that period. tors, lab employees, and others that is time to go back to the drawing board In the mid 1960s, the country was in- make these important organizations and find a new path forward. vesting $4.5 billion annually in new run. I cannot tell you how angry I am water infrastructure, today it is less We expect a lot of you and, with very that DOE and all of the national labs than $1.5 billion (measured in 1996 dol- few exceptions, you live up to all of the consistently do this sort of thing to lars). expectations and demands that we im- Congress: Our water resources needs are no less pose on you. You serve your nation They overpromise and under-deliver today than they were 40 years ago. Yet with distinction and we appreciate it. at a vastly inflated price. I say, enough is enough. we are investing one third as much. I thank the Chairman, and the sub- This is nothing personal against One major impact of that reduction committee staff for all of their hard is the increasingly drawn out construc- Livermore. work in getting us to this point. His If the next big thing at Los Alamos tion schedules forced by underfunding team of Clay Sell, David Gwaltney, and or Sandia runs dramatically over-budg- these projects. LaShawnda Smith have been great to et I will be down here again to express These artificially lengthened sched- work with. On the minority staff, I my outrage. ules cause the loss of some $5 billion in want to say a word of thanks to Roger I have been a Member of Congress annual benefits and increase the cost of Cockrell, who is on detail from the and the Senate too long to watch as ad- these projects by some $500 million. Army Corps of Engineers office in ministration after administration Failure to invest in maintenance, Vicksburg, Mississippi, and Liz Blevins comes up here to whisper sweet major rehabilitation, research and de- of the subcommittee staff. nothings in my ear and then jack up velopment, and new infrastructure has f the price a year or two later. resulted in the gradual reduction in the Let me clear about one thing: I have value of our capital water resources NATIONAL IGNITION FACILITY FUNDING nothing but respect for the thousands stocks, and in turn the benefits we re- of men and women who populate our ceive. Mr. REID. Mr. President, I rise in nation’s weapons labs. The value of the Army Corps’ capital support of the Brownback amendment. The scientists of Lawrence Liver- stock peaked in 1981 with a replace- The National Ignition Facility has more, Sandia, and Los Alamos are ment value of $150 billion. Today its es- become a shining example of how not amongst the most brilliant, dedicated, timated value has decreased to $124 bil- to build large national facilities. patriotic and creative people on Earth. lion measured in 1995 dollars. When this project was first proposed The contributions they have made to The Army Corps’ estimates that by the Department of Energy several our nation’s national security are too their backlog for critical maintenance years ago, DOE sold this project to me numerous to count. work is $400 million and is projected to and other Members as a cornerstone of In recent years, I have had two Fel- grow by $100 million per year at cur- our nation’s science-based Stockpile lows from Lawrence Livermore, Larry rent funding levels. Stewardship program. Ferderber and Bob Perret, serve in my Our Nation’s water infrastructure Leaders from DOE and the Lawrence personal office. They both did excep- continues to perform as designed, but Livermore National Lab came to me at tional work for me, for Nevada, and for evidence of the need for reconstruction a time when many Members of the Sen- our nation. They both served me very or modernization is becoming evident. ate, including Chairman DOMENICI, well for many years. Some facilities have reached their were somewhat skeptical that NIF was It is a shame that the highest levels capacity and some have reached the actually needed. of leadership at DOE and at Livermore end of their design lives. New or shift- They assured me that NIF was abso- have not served their employees and ing populations and growth have cre- lutely vital to national security and the American people with equal dis- ated unmet demands. that it would be brought in on time and tinction. Finally, society’s values are increas- within budget. Mr. President, I yield the Floor. ingly emphasizing sustainability and Based on that, I came to bat for NIF The PRESIDING OFFICER. The Sen- ecological considerations in water in- and convinced many of my colleagues ator from New Mexico. frastructure management and develop- to support it. Mr. DOMENICI. I ask to speak for 30 ment. I regret it. seconds. As you can see, I am one who firmly In my estimation, DOE lied to me. The PRESIDING OFFICER. Without believes that investments in our na- They sold me a bill of goods and I am objection, it is so ordered. tion’s infrastructure more than pay for not happy about it. Mr. DOMENICI. Mr. President, I themselves through improved produc- It is now several years later and the thank Senator REID for his comments tivity and efficiency. To ignore these project is hundreds of millions of dol- and his cooperation. We still have a few needs in the short term is going to lars over budget and years behind days to go. The picture presented with cause us problems over the long haul. schedule. reference to the nondefense portion of Before I close today, I want to say The administration has undertaken a this bill, in particular, is absolutely some words of praise for the federal re-baselining activity in the last year true. I cannot figure why the House employees and contractors that popu- that they believe will put this project and Senate in their overall scope of al- late the Departments, Agencies, and back on a glidepath to completion. locating money continue to underallo- other organizations that are funded Our subcommittee has provided (tem- cate for nondefense when Senators and under this bill. porarily) $74.5 million for the project. House Members probably request more In the last year there has been a con- The administration wants another $135 of us in the nondefense part of this bill siderable amount of press and congres- million this year and hundreds of mil- than any bill, except perhaps the inte- sional attention surrounding issues lions of dollars more on top of the rior appropriations bill.

VerDate 11-MAY-2000 04:12 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00075 Fmt 4637 Sfmt 0634 E:\CR\FM\A05SE6.061 pfrm02 PsN: S05PT1 S8034 CONGRESSIONAL RECORD — SENATE September 5, 2000 The Senator mentions 1,000 requests. part of the Corps of Engineers and the ADJOURNMENT UNTIL 9:30 A.M. Those have to do with projects or pro- Bureau of Reclamation. TOMORROW grams or activities for dams that are Mr. REID. I hope we can get a bill The PRESIDING OFFICER. Under clearly within reason as things we that we can send to the President, rec- ognizing that it is a bill that he will the previous order, the Senate stands should do. I am working hard and will sign. I hope we can do that. We have a in adjournment until 9:30 a.m., Wednes- continue to work hard to try to get ad- commitment from the chairman of the day, September 6, 2000. ditional allocation before we complete full committee, Senator STEVENS, that the conference. I hope we can. Obvi- he will work with us. Knowing his te- Thereupon, the Senate, at 7:26 p.m., ously if we cannot, with what the nacity, I am confident we will be able adjourned until Wednesday, September House has appropriated this will be a to come up with something that is ap- 6, 2000, at 9:30 a.m. bad overall result for the nondefense propriate.

VerDate 11-MAY-2000 03:17 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00076 Fmt 4637 Sfmt 0634 E:\CR\FM\G05SE6.087 pfrm02 PsN: S05PT1 Tuesday, September 5, 2000 Daily Digest

HIGHLIGHTS See Res´ume´ of Congressional Activity. Senate tional monuments on federal land. (S. Rept. No. Chamber Action 106–372) Routine Proceedings, pages S7959–S8034 S. 1612, to direct the Secretary of the Interior to Measures Introduced: Three bills and one resolu- convey certain irrigation project property to certain tion were introduced, as follows: S. 3002–3004, and irrigation and reclamation districts in the State of S. Res. 347. Page S8019 Nebraska, with an amendment in the nature of a substitute. (S. Rept. No. 106–373) Measures Reported: S. 1643, to authorize the addition of certain par- Reported on Friday, August 25, during the ad- cels to the Effigy Mounds National Monument, journment: Iowa, with amendments. (S. Rept. No. 106–374) S. 2764, to amend the National and Community S. 1972, to direct the Secretary of Agriculture to Service Act of 1990 and the Domestic Volunteer convey to the town of Dolores, Colorado, the current Service Act of 1973 to extend the authorizations of site of the Joe Rowell Park, with amendments. (S. appropriations for the programs carried out under Rept. No. 106–375) such Acts, with an amendment in the nature of a S. 2051, to revise the boundaries of the Golden substitute. (S. Rept. No. 106–365) Gate National Recreation Area, with an amendment S. 522, to amend the Federal Water Pollution in the nature of a substitute. (S. Rept. No. 106–376) Control Act to improve the quality of beaches and Report to accompany S. 2279, to authorize the coastal recreation water, with an amendment in the addition of land to Sequoia National Park. (S. Rept. nature of a substitute. (S. Rept. No. 106–366) No. 106–377) S. 1148, to provide for the Yankton Sioux Tribe S. 2300, to amend the Mineral Leasing Act to in- and the Santee Sioux Tribe of Nebraska certain bene- crease the maximum acreage of Federal leases for coal fits for the Missouri River Basin Pick-Sloan project, that may be held by an entity in any one State. (S. with an amendment in the nature of a substitute. (S. Rept. No. 106–378) Rept. No. 106–367) S. 1564, to protect the budget of the Federal S. 1658, to authorize the construction of a Rec- courts, with an amendment in the nature of a sub- onciliation Place in Fort Pierre, South Dakota, with stitute. (S. Rept. No. 106–379) an amendment in the nature of a substitute. (S. S. 2343, to amend the National Historic Preserva- Rept. No. 106–368) tion Act for the purposes of establishing a national S. 2297, to reauthorize the Water Resources Re- historic lighthouse preservation program, with search Act of 1984. (S. Rept. No. 106–369) amendments. (S. Rept. No. 106–380) S. 2878, to commemorate the centennial of the es- S. 2499, to extend the deadline for commence- tablishment of the first national wildlife refuge in ment of construction of a hydroelectric project in the the United States on March 14, 1903. (S. Rept. No. State of Pennsylvania. (S. Rept. No.106–381) 106–370) S. 1407, to authorize appropriations for the Tech- S. 134, to direct the Secretary of the Interior to nology Administration of the Department of Com- study whether the Apostle Islands National Lake- merce for fiscal years 2000, 2001, and 2002, with shore should be protected as a wilderness area, with an amendment in the nature of a substitute. (S. an amendment. (S. Rept. No. 106–371) Rept. No. 106–382) S. 729, to ensure that Congress and the public S. 1594, to amend the Small Business Act and have the right to participate in the declaration of na- Small Business Investment Act of 1958, with an D850

VerDate 11-MAY-2000 04:14 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D05SE0.REC pfrm07 PsN: D05SE0 September 5, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D851 amendment in the nature of a substitute. (S. Rept. Reported on Wednesday, August 30, during the No. 106–383) adjournment: S. 1639, to authorize appropriations for carrying Report to accompany H.R. 4733, making appro- out the Earthquake Hazards Reduction Act of 1977, priations for energy and water development for the for the National Weather Service and Related Agen- fiscal year ending September 30, 2001. (S. Rept. No. cies, and for the United States Fire Administration 106–395) Pages S8018±19 for fiscal years 2000, 2001, and 2002, with an PNTR (Permanent Normal Trade Relations) amendment in the nature of a substitute. (S. Rept. FOR CHINA: Senate resumed consideration of the No. 106–384) motion to proceed to the consideration of H.R. S. 1687, to amend the Federal Trade Commission 4444, to authorize extension of nondiscriminatory Act to authorize appropriations for the Federal Trade treatment (normal trade relations treatment) to the Commission, with amendments. (S. Rept. No. People’s Republic of China, and to establish a frame- 106–385) work for relations between the United States and the S. 2412, to amend title 49, United States Code, People’s Republic of China. to authorize appropriations for the National Trans- Pages S7963±67, S7974±78, S7981±83 portation Safety Board for fiscal years 2000, 2001, A unanimous-consent agreement was reached pro- 2002, and 2003. (S. Rept. No. 106–386) viding for further consideration of the motion to S. 2438, to provide for enhanced safety, public proceed to the consideration of the bill on Wednes- awareness, and environmental protection in pipeline day, September 6, 2000. Page S8031 transportation, with an amendment in the nature of Energy/Water Development Appropriations: Sen- a substitute. (S. Rept. No. 106–387) ate resumed consideration of H.R. 4733, making ap- S. 2440, to amend title 49, United States Code, propriations for energy and water development for to improve airport security, with an amendment in the fiscal year ending September 30, 2001, agreeing the nature of a substitute. (S. Rept. No. 106–388) to the committee amendment in the nature of a sub- S. 1929, to amend the Native Hawaiian Health stitute, and taking action on the following amend- Care Improvement Act to revise and extend such ments purposed thereto: Pages S7985±91 Act, with an amendment in the nature of a sub- Pending: stitute. (S. Rept. No. 106–389) Domenici Amendment No. 4032, to strike certain S. 2697, to reauthorize and amend the Com- environmental related provisions. Pages S7988±89 modity Exchange Act to promote legal certainty, en- Schumer/Collins Amendment No. 4033, to estab- hance competition, and reduce systemic risk in mar- lish a Presidential Energy Commission to explore kets for futures and over-the-counter derivatives, long- and short-term responses to domestic energy with an amendment in the nature of a substitute. (S. shortages in supply and severe spikes in energy Rept. No. 106–390) prices. Page S7989 S. 3001, to amend the United States Grain Stand- A unanimous-consent agreement was reached pro- ards Act to extend the authority of the Secretary of viding for further consideration of the bill and an Agriculture to collect fees, extend the authorization amendment to be proposed thereto on Wednesday, of appropriations, and improve the administration of September 6, 2000. that Act, to amend the United States Warehouse Act Secure Rural Schools and Community Self-De- to authorize the issuance of electronic warehouse re- termination Act—Agreement: A unanimous-con- ceipts. (S. Rept. No. 106–391) sent agreement was reached providing that with re- H.R. 468, to establish the Saint Helena Island spect to the consent agreement relating to the con- National Scenic Area, with an amendment. (S. Rept. sideration of S. 1608, to provide annual payments to No. 106–392) the States and counties from National Forest System H.R. 992, to convey the Sly Park Dam and Res- lands managed by the Forest Service, and the re- ervoir to the El Dorado Irrigation District, with vested Oregon and California Railroad and recon- amendments. (S. Rept. No. 106–393) veyed Coos Bay Wagon Road grant lands managed H.R. 1695, to provide for the conveyance of cer- predominately by the Bureau of Land Management, tain Federal public lands in the Ivanpah Valley, Ne- for use by the counties in which the lands are situ- vada, to Clark County, Nevada, for the development ated for the benefit of the public schools, roads, of an airport facility, with amendments. (S. Rept. emergency and other public purposes; to encourage No. 106–394) and provide new mechanisms for cooperation be- H.R. 999, to amend the Federal Water Pollution tween counties and the Forest Service and the Bu- Control Act to improve the quality of coastal recre- reau of Land Management to make necessary invest- ation waters. ments in Federal lands, and reaffirm the positive

VerDate 11-MAY-2000 04:14 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D05SE0.REC pfrm07 PsN: D05SE0 D852 CONGRESSIONAL RECORD — DAILY DIGEST September 5, 2000 connection between Federal Lands counties and Fed- Measures Placed on Calendar: Page S8001 eral Lands, that time allowed for vitiation be ex- Communications: Pages S8001±17 tended to no later than 12:00 noon on Thursday, September 7. Page S8031 Petitions: Pages S8017±18 Removal of Injunction of Secrecy: The injunction Statements on Introduced Bills: Pages S8019±24 of secrecy was removed from the following treaties Additional Cosponsors: Pages S8024±26 and protocols: Amendments Submitted: Pages S8027±28 Treaty with Costa Rica on the Return of Vehicles and Aircraft (Treaty Doc. No. 106–40); Notices of Hearings: Page S8028 Protocol Relating to the Madrid Agreement (Trea- Authority for Committees: Page S8028 ty Doc. No. 106–41); Additional Statements: Pages S7997±S8000 Investment Treaty with Lithuania (Treaty Doc. No. 106–42); Text of S. 2386, as Previously Passed: Protocol Amending the 1950 Consular Conven- Pages S8028±30 tion with Ireland (Treaty Doc. No. 106-43); Adjournment: Senate convened at 12:02 p.m., and Treaty with Panama on the Return of Vehicles adjourned at 7:26 p.m., until 9:30 a.m., on Wednes- and Aircraft (Treaty Doc. No. 106–44) day, September 6, 2000. (For Senate’s program, see The treaties and protocols were transmitted to the the remarks of the Acting Majority Leader in today’s Senate today, considered as having been read for the Record on page S8031.) first time, and referred, with accompanying papers, to the Committee on Foreign Relations and were or- dered to be printed. Pages S8030±31 Committee Meetings Appointments: (Committees not listed did not meet) Advisory Committee on Student Financial As- sistance: The Chair, on behalf of the President pro NURSING HOME BANKRUPTCIES tempore, pursuant to Public Law 99–498, re- appointed Charles Terrell, of Massachusetts, to the Special Committee on Aging: Committee concluded Advisory Committee on Student Financial Assistance hearings to examine the causes of nursing home for a three-year term beginning October 1, 2000, ef- bankruptcies, in order to inform future policy deci- fective July 28, 2000. Page S8030 sions, including proposals to raise Medicare pay- ments to skilled nursing facilities, after receiving tes- Amtrak Reform Council: The Chair announced timony from Laura A. Dummit, Associate Director, on behalf of the Republican Leader, pursuant to Health Financing and Public Health Issues, Health, Public Law 105–134, his appointment of Nancy Education, and Human Services Division, General Rutledge Connery, of Maine, to serve as a member Accounting Office; George F. Grob, Deputy Inspec- of the Amtrak Reform Council, vice Joseph Vranich, tor General for Evaluation and Inspections, and Ste- of Pennsylvania, effective July 28, 2000. Page S8030 ven Pelovitz, Director, Survey and Certification Abraham Lincoln Bicentennial Commission: Group, Health Care Financing Administration, both The Chair, on behalf of the Majority Leader, pursu- of the Department of Health and Human Services; ant to Public Law 106–173, announced the appoint- John Ransom, Raymond James and Associates, Inc., ment of Frank J. Williams, of Rhode Island, to the St. Petersburg, Florida; and Charles H. Roadman, II, Abraham Lincoln Bicentennial Commission, effective American Health Care Association, Washington, August 24, 2000. Page S8030 D.C.

VerDate 11-MAY-2000 04:14 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D05SE0.REC pfrm07 PsN: D05SE0 September 5, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D853 House of Representatives ther self-governance by Indian tribes. Signed August Chamber Action 18, 2000. (P.L. 106–260) The House was not in session today. The House H.R. 1749, to designate Wilson Creek in Avery will next meet at 2 p.m. on Wednesday, September and Caldwell Counties, North Carolina, as a compo- 6. nent of the National Wild and Scenic Rivers System. Signed August 18, 2000. (P.L. 106–261) H.R. 1982, to name the Department of Veterans Committee Meetings Affairs outpatient clinic located in Rome, New No Committee meetings were held. York, as the ‘‘Donald J. Mitchell Department of f Veterans Affairs Outpatient Clinic’’. Signed August 18, 2000. (P.L. 106–262) NEW PUBLIC LAWS H.R. 3291, to provide for the settlement of the (For last listing of Public Laws, see DAILY DIGEST, p. D847) water rights claims of the Shivwits Band of the Pai- H.R. 3544, to authorize a gold medal to be pre- ute Indian Tribe of Utah. Signed August 18, 2000. sented on behalf of the Congress to Pope John Paul (P.L. 106–263) II in recognition of his many and enduring contribu- H.R. 3519, to provide for negotiations for the cre- tions to peace and religious understanding. Signed ation of a trust fund to be administered by the July 27, 2000. (P.L. 106–250) International Bank for Reconstruction and Develop- H.R. 3591, to provide for the award of a gold ment of the International Development Association medal on behalf of the Congress to former President to combat the AIDS epidemic. Signed August 19, Ronald Reagan and his wife Nancy Reagan in rec- 2000. (P.L. 106–264) ognition of their service to the Nation. Signed July f 27, 2000. (P.L. 106–251) H.R. 4391, to amend title 4 of the United States CONGRESSIONAL PROGRAM AHEAD Code to establish sourcing requirements for State and local taxation of mobile telecommunication serv- Week of September 6 through September 9, ices. Signed July 28, 2000. (P.L. 106–252) 2000 H.R. 4437, to grant to the United States Postal Service the authority to issue semipostals. Signed Senate Chamber July 28, 2000. (P.L. 106–253) During the remainder of the week, Senate will H.R. 1791, to amend title 18, United States continue to consider the motion to proceed to H.R. Code, to provide penalties for harming animals used 4444, PNTR for China, and H.R. 4733, Energy/ in Federal law enforcement. Signed August 2, 2000. Water Development Appropriations, and expects to (P.L. 106–254) consider any other cleared legislative and executive H.R. 4249, to foster cross-border cooperation and business, including appropriation bills and con- environmental cleanup in Northern Europe. Signed ference reports, when available. August 2, 2000. (P.L. 106–255) S. 2327, to establish a Commission on Ocean Pol- Senate Committees icy. Signed August 7, 2000. (P.L. 106–256) (Committee meetings are open unless otherwise indicated) S. 1629, to provide for the exchange of certain Committee on Appropriations: September 6, Subcommittee land in the State of Oregon. Signed August 8, 2000. on Transportation, to hold oversight hearings on the Fire- (P.L. 106–257) stone ATX and Wilderness AT tire recall, 10 a.m., S. 1910, to amend the Act establishing Women’s SD–124. Rights National Historical Park to permit the Sec- September 7, Subcommittee on Labor, Health and retary of the Interior to acquire title in fee simple Human Services, and Education, to hold hearings to ex- to the Hunt House located in Waterloo, New York. amine stem cell research, 9:30 a.m., SD–124. Signed August 8, 2000. (P.L. 106–258) Committee on Armed Services: September 6, to hold hear- H.R. 4576, making appropriations for the Depart- ings on the nomination of the following named officer for ment of Defense for the fiscal year ending September appointment in the United States Marine Corps to the 30, 2001. Signed August 9, 2000. (P.L. 106–259) grade indicated while assigned to a position of impor- H.R. 1167, to amend the Indian Self-Determina- tance and responsibility under title 10, U.S.C., section tion and Education Assistance Act to provide for fur- 601: Elizabeth A. Ashburn, to be Lieutenant General; the

VerDate 11-MAY-2000 04:14 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D05SE0.REC pfrm07 PsN: D05SE0 D854 CONGRESSIONAL RECORD — DAILY DIGEST September 5, 2000 nomination of the following named officer for appoint- (3) H.R. 4615, ‘‘Reverend J.C. Wade Post Of- ment in the United States Air Force to the grade indi- fice’’; cated while assigned to a position of importance and re- (4) H.R. 3454, ‘‘Henry McNeal Turner Post Of- sponsibility under title 10, U.S.C., section 601: Lt. Gen. fice’’; Charles R. Holland, to be General; and the nomination (5) H.R. 4484, ‘‘Everett Alvarez, Jr. Post Office of the following named officer for appointment as the Chief of Engineers, United States Army, and appointment Building’’; to the grade indicated while assigned to a position of im- (6) H.R. 2302, ‘‘James W. McCabe, Sr. Post Of- portance and responsibility under title 10, U.S.C., section fice Building’’; 601 and 3036: Maj. Gen. Robert B. Flowers, to be Lieu- (7) H.R. 4448, ‘‘Judge Robert Bernard Watts, Sr. tenant General, 9:30 a.m., SR–222. Post Office Building’’; and Committee on Environment and Public Works: September 7, Consideration of H.R. 4678, Child Support Dis- business meeting to mark up S. 2962, to amend the tribution Act of 2000 (Subject to a Rule). Clean Air Act to address problems concerning methyl ter- Thursday and Friday, the House will meet at tiary butyl ether, 9 a.m., SD–406. 10:00 a.m. on Thursday and 9 a.m. on Friday for Committee on Finance: September 6, to hold oversight legislative business. No votes are expected past 2:00 hearings to examine federal Medicaid spending for non- p.m. on Friday. Medicaid purposes, 10 a.m., SD–215. September 7, Full Committee, business meeting to Complete consideration of H.R. 4942, District of mark up pending calendar business, 10 a.m., SD–215. Columbia Appropriations Act for Fiscal Year 2001; Committee on Foreign Relations: September 6, to hold Consideration of the Conference Report on H.R. hearings on Taiwan’s accession to the World Trade Orga- 4516, Legislative Branch Appropriations Act for Fis- nization, 10:30 a.m., SD–419. cal Year 2001; and September 7, Full Committee, to hold hearings to ex- Consideration of the veto override on H.R. 8, amine religious persecution in the world, 9:30 a.m., Death Tax Elimination Act of 2000. SD–419. Committee on Governmental Affairs: September 7, Sub- House Committees committee on International Security, Proliferation and Committee on Agriculture, September 7, to consider H.R. Federal Services, to hold hearings to examine e-commerce 1592, Regulatory Fairness and Openness Act of 1999, 10 activities of the United States Postal Service, 10 a.m., a.m., 1300 Longworth. SD–342. Committee on Banking and Financial Services, September Committee on Indian Affairs: September 6, to hold hear- 7, Subcommittee on Domestic and International Policy, ings on S. 2580, to provide for the issuance of bonds to hearing and mark up of H.R. 5010, District of Columbia provide funding for the construction of schools of the Bu- and United States Territories Circulating Quarter Dollar reau of Indian Affairs of the Department of the Interior; Program Act and to mark up H.R. 3679, 2002 Winter to be followed by a business meeting to mark up S. 611, Olympic Commemorative Coin Act, 2 p.m., 2128 Ray- to provide for administrative procedures to extend Federal burn. recognition to certain Indian groups, and S. 2282, to en- September 7, Subcommittee on Financial Institutions courage the efficient use of existing resources and assets and Consumer Credit, to mark up H.R. 3408, Fair Credit related to Indian agricultural research, development and Reporting Amendments Act of 1999, 10 a.m., 2128 Ray- exports within the United States Department of Agri- burn. culture, 9:30 a.m., SR–485. Committee on Commerce, September 6, Subcommittee on Committee on the Judiciary: September 6, to hold hear- Telecommunications, Trade, and Consumer Protection ings to examine electronic surveillance and privacy in the and the Subcommittee on Oversight and Investigations, digital age, 10 a.m., SD–226. joint hearing on the recent Firestone tire recall action, fo- September 6, Subcommittee on Administrative Over- cusing on the action as it pertains to relevant Ford vehi- sight and the Courts, to hold hearings to examine allow- cles, 1 p.m., 2123 Rayburn. ing cameras and electronic media in the courtroom, 2 September 7, Subcommittee on Health and Environ- p.m., SD–226. ment, hearing entitled: ‘‘Telehealth: A Cutting Edge Medical Tool for the 21st Century,’’ 10 a.m., 2322 Ray- House Chamber burn. Monday, House is not in session. September 7, Subcommittee on Telecommunications, Tuesday, House is not in session. Trade, and Consumer Protection, hearing entitled: ‘‘For- Wednesday, the House will meet at 2:00 p.m. for eign Government Ownership of American Telecommuni- cations Companies,’’ 11 a.m., 2123 Rayburn. legislative business. No recorded votes are expected September 8, Subcommittee on Telecommunications, before 6:00 p.m. Consideration of Suspensions: Trade, and Consumer Protection, to mark up the fol- (1) H.R. 4884, ‘‘William S. Broomfield Post Of- lowing bills: H.R. 3011, Truth in Telephone Billing Act fice Building’’; of 1999; H.R. 3100, Know Your Caller Act of 1999; (2) H.R. 4534, ‘‘James T. Broyhill Post Office H.R. 2592, to amend the Consumer Product Safety Act Building’’; to provide that low-speed electric bicycles are consumer

VerDate 11-MAY-2000 04:14 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D05SE0.REC pfrm07 PsN: D05SE0 September 5, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D855 products subject to such Act; H.R. 3850, Independent ment Annual Report on International Religious Freedom Telecommunications Consumer Enhancement Act of for 2000, 1:30 p.m., 2172 Rayburn. 2000; and H.R. 2346, to authorize the enforcement by Committee on the Judiciary, September 6, Subcommittee state and local governments of certain Federal Commu- on the Constitution, hearing on the following bills: H.R. nications Commission regulations regarding use of citi- 5018, Electronic Communications Privacy Act of 2000; zens band radio equipment, 10 a.m., 2123 Rayburn. H.R. 4987, Digital Privacy Act of 2000; and H.R. 4908, Committee on Government Reform, September 6, Sub- Notice of Electronic Monitoring Act, 2 p.m., 2237 Ray- committee on Government Management, Information, burn. and Technology, hearing on Innovations in American September 7, Subcommittee on Immigration and Government: Are There Lessons to be Learned? 10 a.m., Claims, oversight hearing on Justice Department Inspec- 2154 Rayburn. tor General’s Report, ‘‘An Investigation of the Immigra- September 8, Subcommittee on Criminal Justice, Drug Policy, and Human Resources, hearing on The Privacy tion and Naturalization Service’s Citizenship USA Initia- Act and the Presidency, 9 a.m., 2247 Rayburn. tive,’’ 10 a.m., 2226 Rayburn. September 8, Subcommittee on National Security, Vet- Committee on Resources, September 7, Subcommittee on erans Affairs, and International Relations, hearing on Na- National Parks and Public Lands, hearing on the fol- tional Missile Defense: Test Failures and Technology De- lowing bills: H.R. 4503, Historically Women’s Public velopment, 9:30 a.m., 2154 Rayburn. Colleges or Universities Historic Building Restoration Committee on International Relations, September 7, to and Preservation Act; and H. R. 5036, Dayton Aviation mark up the following measures: H.R. 3378, Tijuana Heritage Preservation Amendments Act of 2000, 10 a.m., River Valley Estuary and Beach Sewage Cleanup Act of 1324 Longworth. 1999; H.R. 4673, Support for Overseas Cooperative De- Committee on Science, September 7, Subcommittee on velopment Act; S. 484, Bring Them Home Alive Act of Space and Aeronautics, hearing on the Technical Feasi- 2000; H. Res. 547, expressing the sense of the House of bility of Space Solar Power, 2 p.m., 2318 Rayburn. Representatives with respect to the peace process in Committee on Small Business, September 7, Subcommittee Northern Ireland; H. Con. Res. 242, to urge the Nobel on Tax, Finance, and Exports, hearing on the complexity Commission to award the year 2000 Nobel Prize for of the tax code as it impacts small business, 10 a.m., Peace to former United States Senator George J. Mitchell 2360 Rayburn. for his dedication to fostering peace in Northern Ireland; Committee on Veterans’ Affairs, September 7, Sub- H.J. Res. 100, calling upon the President to issue a proc- committee on Health, to mark up the Department of lamation recognizing the 25th anniversary of the Helsinki Veterans Affairs Health Care Personnel Act of 2000, 10 Final Act; H.R. 1064, Serbia and Montenegro Democracy a.m., 334 Cannon. Act of 1999; and H. Res. 451, calling for lasting peace, Committee on Ways and Means, September 7, Sub- stability and justice in Kosova, 10 a.m., 2172 Rayburn. committee on Human Resources, hearing on Unemploy- September 7, Subcommittee on International Oper- ment Compensation, 10 a.m., B–318 Rayburn. ations and Human Rights, hearing on the State Depart-

VerDate 11-MAY-2000 04:14 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D05SE0.REC pfrm07 PsN: D05SE0 D856 CONGRESSIONAL RECORD—DAILY DIGEST September 5, 2000

Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED SIXTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 24 through July 31, 2000 January 24 through July 31, 2000 Senate House Total Civilian nominations, totaling 363 (including 142 nominations carried Days in session ...... 92 84 . . over from First Session), disposed as follows: Time in session ...... 710 hrs., 3′ 724 hrs., 51′ .. Confirmed ...... 124 Congressional Record: Unconfirmed ...... 230 Pages of proceedings ...... 7,958 7,213 . . Withdrawn ...... 9 Extensions of Remarks ...... 1,395 . . Other Civilian nominations totaling 1,584 (including 778 nominations Public bills enacted into law ...... 25 58 83 carried over from the First Session), disposed as follows: Private bills enacted into law ...... 1 1 2 Confirmed ...... 1,499 Bills in conference ...... 13 17 . . Unconfirmed ...... 85 Measures passed, total ...... 275 416 691 Senate bills ...... 69 30 . . Air Force nominations, totaling 5,097 (including 15 nominations House bills ...... 77 210 . . carried over from the First Session), disposed as follows: Senate joint resolutions ...... 8 4 . . Confirmed ...... 4,974 House joint resolutions ...... 2 4 . . Unconfirmed ...... 120 Senate concurrent resolutions ...... 30 11 . . Returned to White House ...... 3 House concurrent resolutions ...... 21 49 . . Simple resolutions ...... 68 108 . . Army nominations, totaling 4,106 (including 204 nominations carried Measures reported, total ...... 234 292 526 over from the First Session), disposed as follows: Senate bills ...... 144 11 . . Confirmed ...... 2,506 House bills ...... 53 186 . . Unconfirmed ...... 1,598 Returned to White House ...... 2 Senate joint resolutions ...... 2 . . . . House joint resolutions ...... 1 4 . . Navy nominations, totaling 3,055 (including 10 nominations carried Senate concurrent resolutions ...... 13 . . . . over from the First Session), disposed as follows: House concurrent resolutions ...... 3 7 . . Confirmed ...... 2,417 Simple resolutions ...... 18 84 . . Unconfirmed ...... 636 Special reports ...... 10 13 . . Returned to White House ...... 2 Conference reports ...... 2 10 . . Measures pending on calendar ...... 303 99 . . Marine Corps nominations, totaling 2,825 (including 1 nomination Measures introduced, total ...... 1,178 1,928 3,106 carried over from the First Session), disposed as follows: Bills ...... 1,004 1,588 . . Confirmed ...... 2,727 Joint resolutions ...... 13 21 . . Unconfirmed ...... 98 Concurrent resolutions ...... 56 150 . . Simple resolutions ...... 105 169 . . Summary Quorum calls ...... 6 3 . . Total Nominations carried over from First Session ...... 1,150 Yea-and-nay votes ...... 231 225 . . Total Nominations received this session ...... 15,880 Recorded votes ...... 222 . . Total Confirmed ...... 14,247 Bills vetoed ...... 1 . . . . Total Unconfirmed ...... 2,767 Vetoes overridden ...... Total Withdrawn ...... 9 Total Returned to White House ...... 7 * These figures include all measures reported, even if there was no accom- panying report. A total of 135 reports have been filed in the Senate, a total of 315 reports have been filed in the House.

VerDate 11-MAY-2000 04:14 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0667 Sfmt 0667 E:\CR\FM\D05SE0.REC pfrm07 PsN: D05SE0 September 5, 2000 CONGRESSIONAL RECORD—DAILY DIGEST D857

Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED SIXTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 24 through August 31, 2000 January 24 through August 31, 2000 Senate House Total Civilian nominations, totaling 363 (including 142 nominations carried Days in session ...... 92 84 . . over from First Session), disposed as follows: Time in session ...... 710 hrs., 3′ 724 hrs., 51′ .. Confirmed ...... 124 Congressional Record: Unconfirmed ...... 230 Pages of proceedings ...... 7,958 7,213 . . Withdrawn ...... 9 Extensions of Remarks ...... 1,395 . . Other Civilian nominations totaling 1,584 (including 778 nominations Public bills enacted into law ...... 28 66 94 carried over from the First Session), disposed as follows: Private bills enacted into law ...... 1 1 2 Confirmed ...... 1,499 Bills in conference ...... 13 17 . . Unconfirmed ...... 85 Measures passed, total ...... 275 416 691 Senate bills ...... 69 30 . . Air Force nominations, totaling 5,097 (including 15 nominations House bills ...... 77 210 . . carried over from the First Session), disposed as follows: Senate joint resolutions ...... 8 4 . . Confirmed ...... 4,974 House joint resolutions ...... 2 4 . . Unconfirmed ...... 120 Senate concurrent resolutions ...... 30 11 . . Returned to White House ...... 3 House concurrent resolutions ...... 21 49 . . Simple resolutions ...... 68 108 . . Army nominations, totaling 4,106 (including 204 nominations carried Measures reported, total ...... *264 *292 556 over from the First Session), disposed as follows: Senate bills ...... 170 11 . . Confirmed ...... 2,506 House bills ...... 57 186 . . Unconfirmed ...... 1,598 Returned to White House ...... 2 Senate joint resolutions ...... 2 . . . . House joint resolutions ...... 1 4 . . Navy nominations, totaling 3,055 (including 10 nominations carried Senate concurrent resolutions ...... 13 . . . . over from the First Session), disposed as follows: House concurrent resolutions ...... 3 7 . . Confirmed ...... 2,417 Simple resolutions ...... 18 84 . . Unconfirmed ...... 636 Special reports ...... 10 13 . . Returned to White House ...... 2 Conference reports ...... 2 10 . . Measures pending on calendar ...... 303 99 . . Marine Corps nominations, totaling 2,825 (including 1 nomination Measures introduced, total ...... 1,178 1,928 3,106 carried over from the First Session), disposed as follows: Bills ...... 1,004 1,588 . . Confirmed ...... 2,727 Joint resolutions ...... 13 21 . . Unconfirmed ...... 98 Concurrent resolutions ...... 56 150 . . Simple resolutions ...... 105 169 . . Summary Quorum calls ...... 6 3 . . Total Nominations carried over from First Session ...... 1,150 Yea-and-nay votes ...... 231 225 . . Total Nominations received this session ...... 15,880 Recorded votes ...... 222 . . Total Confirmed ...... 14,247 Bills vetoed ...... 1 2 . . Total Unconfirmed ...... 2,767 Vetoes overridden ...... Total Withdrawn ...... 9 Total Returned to White House ...... 7 * These figures include all measures reported, even if there was no accom- panying report. A total of 166 reports have been filed in the Senate, a total of 315 reports have been filed in the House.

VerDate 11-MAY-2000 04:14 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0667 Sfmt 0667 E:\CR\FM\D05SE0.REC pfrm07 PsN: D05SE0 D858 CONGRESSIONAL RECORD — DAILY DIGEST September 5, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, September 6 2 p.m., Wednesday, September 6

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: The House will meet at 2:00 ation of the motion to proceed to the consideration of p.m. for legislative business. No recorded votes are ex- H.R. 4444, PNTR for China; following which, Senate pected before 6:00 p.m. Consideration of Suspensions: will continue consideration of H.R. 4733, Energy and (1) H.R. 4884, ‘‘William S. Broomfield Post Office Water Development Appropriations. Building’’; (2) H.R. 4534, ‘‘James T. Broyhill Post Office Build- ing’’; (3) H.R. 4615, ‘‘Reverend J.C. Wade Post Office’’; (4) H.R. 3454, ‘‘Henry McNeal Turner Post Office’’; (5) H.R. 4484, ‘‘Everett Alvarez, Jr. Post Office Build- ing’’; (6) H.R. 2302, ‘‘James W. McCabe, Sr. Post Office Building’’; (7) H.R. 4448, ‘‘Judge Robert Bernard Watts, Sr. Post Office Building’’; and Consideration of H.R. 4678, Child Support Distribu- tion Act of 2000 (Subject to a Rule).

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5:30 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $179.00 for six months, $357.00 per year, or purchased for $3.00 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (202) 512–1800, or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.

VerDate 11-MAY-2000 04:14 Sep 06, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 0664 Sfmt 0664 E:\CR\FM\D05SE0.REC pfrm07 PsN: D05SE0